I

58~11CONGRESS,
Z d Session.
__--~

SENATE.
---______

JOURNAL
OF THE

CONGRESS OF THE CONFEDERATE

STATES OF AMERICA,
1861-1865.

VOLUME I.

FEBRUARY1 , 1904.-Ordered to be printed.

WASH INGTON:
GOVERNMENT PRINTING OFFICE.

1904.

IN THB SENATE O F TIIE GNITED STATES,

January $8,1904.
Rrsolwd, That,the Secretary of War be, nntl he is hereby, directed to transmit to the
Scmitcl a copy of the Journal of the Provisional and the First and Second Congresses
1 4t l i e Confcdcrate States of America, now in the custody of the War Department.
*\ tteLPt:

CHARLES G. BESSETT,
Secretary.

LETTER FROM T H E SECRETARY OF WAR.

WAXDEPARTNENT,
WasfLington, January 30, 1904.

SIR: In response to the Senate resolution of the 28th instant, i n

vhich thc Secretary of JTar is directed to transmit to ,the Senate a
copy of tlie Journal of the Provisional and the First and Second Congresses of the Confederate States of America, now i n the custody of
thc \liar Department, 1 have the honor to transmit herewith the copy
called for in the resolution.
Very respectfully ,
ELIHU ROOT,
Secretury of Ncr.
The PREYIDEXT
PRO

TEMPORE,

UXITEDSTATES
SENATE.
3

JOURNAL
O F TEE

PROVISIONAL CONGRESS OF THE CONFEDERATE

STATES OF AMERICA.
Pkst session.
Held at Montgomery, Ala., February 4, 1861, t o March 16, 1861.
Second session (called).
Held at Montgomery, A h . , April 29, 1861, to May 21, 1861.

Third session.
Held at Richmond, Va., July 20, 1861, to August 31, 1861.

Fourfh session (called).

Held at Richmond, Va., September 3, 1861.

Fifth session.
Held at Richmond, Va., November 18, 1861, to February 17,1862.
Constitutional concention.
Held at Xontgomery, Ala., February 28, 1861, to Narch 11, 1861.

PROVISIONAL CONGRESS
OF

T H E CONFEDERATE STATES.
FIRST SESSIOX, F E B R U A R Y 4, 1861, TO M A R C H 16, 1861.

INTIIE CAPITOLOF

THE STATE
OF ALABAMA,
Mmtgomer;y, F ~ b u a r 4,1861.
y

OPEN SESSION.

Be it remembered that on the fourth day of February, in the year

of our Lord one thousand eight hundred and sixty-one, and in the
Capitol of the State of Alabama, in the city of Montgomery, a t the
hour of noon, there assembled certain de uties and delegates from the
several independent Southern States of orth America, to wit: Alabama, Florida, Georgia, Louisiana, Mississippi, and South Carolina;
the said delegates and deputies being thus assembled and convened
under and by virtue of divers ordinances and resolutions adopted by
the several conventions of the peoples of the independent States aforenamed; which said ordinances and resolutions are severally as follows:

R-

An ordinance to dissolve the Union between the S t a t e of South Carolina and the other States united
with her under the compact entitled The Constitution of the United States of America.

W e the people of the ,State of South Carolina in convention maembled do declare and
ordain and zt as hereby declared and ordained, That the ordinance adopted by us in
convention, on the 23d day of May, in the year of our Lord 1788, whereby the
Constitution of the United States of America was ratified, and also all acts and parts
of acts of the general assembly of thia State, ratifying amendments of the said Constitution, are hereby repealed, and that the Union now subsisting between South
Carolina and other States under the name of the United States of Amenca is hereby
dissolved.
Unanimously adopted 20th day of December, A. D. 1860.
An ordinance to dissolve the IJnion between
under a compact of Government entitled
passed January 19,1861.

tp State of Georgia and

other States ttnited with her

The Constitution of the United Stat- of America,

W e the people of the State of Georgia in convention assembled do declare and ordain
and it i s hereby declared and ordacned, That the ordinance adopted by the people of
the State of Georgia in convention on the 2d day of January, in the year of our Lord
1788, when the Constitution of the United States was assented to, ratified, and
adopted, and also all acts and parts of acts of the general assembly of this State,
ratifying and adopting amendments of the said Constitution, are hereby repealed,
rescinded, and abrogated.
W e do furlher declare and ordazn, That the Union now subsisting between the
State of Georgia and other States under the name of the United States of America is
hereby dissolved, and that the State of Georgia is in the full possession and exercise of
all those rights of sovereignty which belong and appertain to a free and independent
State.
The ordinance of secession of the State of Florida.

e::

We the people of the State of Florida in convention assembled do s o h n l y ardain,

lish, and declare, That the State of Florida hereby withdraws herself from the
federacy of States existing under the name of the United States of America and from
the existing Government of said States, and that all political connection between her
7

JOURNAL OF THE

[Feb.

4, 1861.

and the Government of t h e said States, ought to be, and the Same is hereby, totally
annulled and said Union of States dissolved, and the State of Florida is hereby
declared a sovereign and independent nation, and that all ordinances heretofore
adopted, in so far as they create or recognize said Union, are rescinded, and all laws
or parts of lau;s in force in this State, in so far as they recognize ormsent to said Union
be, and they are hereby, repealed.
Adopted, January 11, A. D. 1861.
An ordinance to dIasolve the Union between the state of Alabama and the other States under the
compact and style of the Unlted States of hmenea.

W h e r w the election of Abraham Lincoln and Hannibal .Hamlin to the office of

Pre&ent and Vice-President of the United States of Amenca by a secbonal party
avowedly hostile to the domestic institutions and peace and security of the people of
the State of Alabama, following upon the heels of many and dangerous infractions
of the Constitution of the United States by many of the States and people of the
northern section, is a political wrong of so insulting arid menacing a character as to
justify the people of the State of Alabama in the adoption of pronlpt and decided
measures for their future peace and security; Therefore,
Be it declared and ordained by the people of the Xtate of Alabama in convention assem bled,
That th e State of Alabama now withdraws from the Union known as the United
States of America and henceforth ceases to be one of the said United States, and is,
and of right ought to be, a sovereign independent State.
SEC.2 And be it furtlier declared by Ihe people of the State of Alabama in convention
assemh7ed, That all powers over the territories of said State and over the people
thereof heretofore delegated to the Government of the United States of Amcrica be,
and they are hereby, withdrawn from the said Government and are hereby resumed
and vested in the eople of the State of Alabama.
And as it is the &sire and purpose of the people of Alabama to meet the slaveholding States, who approve of such purpose, in order to frame a provisional or a permanent government, upon the principles of tlir Govwnnlent of the United States;
Be it also r e s o l ~ dby the people of Rlrbrr.ma in conaention ussemhled, That the people
of the Btates of Delaware, Maryland, Virginia, North Carolina, South Carolina,
Florida, Georgia, Mississippi, Loui;iana, Texas, Arkansas, Tennessee, Kentucky, antl
Missouri be, and they are hereby, invited to ineet the people of the State of Alabama
by thoir delegates in convciition, 011 thc 4th day of February next, in Montgomery,
in the State of Alabarna, for the purpose of consultation with each other as to the
most effectual mode of flcwuriugconnected, harinoiiious action in whatever measure
ma be dremed most desirable for the common peace and security.
Dc 7 t further resol&, That the president of this convcntion be, and he is hereby,
instructed to transuiit forthwith a copy of the foregoing preamble, ordinance, and
resolutions to the governors of tho Revera1 States named in the said reeolutions.
Done b y the peoplc of illabanla in convention assembled at Montgomery, this 11th
dc~yof January, 1 8 K
A n ordinance to di~solvethe Union betwrcn the R t n t P of Ilisqissippi nnd other Stntcq united wlth
her iinder tho c-oniplctentitlcd "The Constitotion at the United State? of Bmenca."
Tho peo dc of Blississippi in convention assemblcd do ordain and declare and it is
ti8 follows, to wit:
~ierebyordaiiw<tanti (~oc~lare(i
Siwuoti 1. Tiiitt all t h e IILW and ordinances by which the said State of AIississippi
bemnc?n member of the 1;edcr:il Union of the IJnitcd Statm of America be, arld the
eltilie are licwI)y, repcalcd, antl that all obligntions on t t w part of said State, or the
p"op1a tllt.rc.of, to o l ) w w the mrw, he withdrawn, and that said State shall hcrci~y
re'e8iiine tlio rights, functions, aiicl powers which by any of said lalvs and ordirlilrlccs
were cmveytd to the Governinell t of the said IJnited States, anti is absolved froin
all tllc? obh@ltions, rtistraints, rind diitics incurred to the said Ji'p.deral Union,
shall hrncrforth be t~ freo, sovercign, and independerlt State.
f i ~2.. T h t ti0 t i i u < b b of the fiwt section of the seventh article of tile corlstitution
of thin Statc ii* r q n i r w nicwl)crs of thc legislatnre and all officers, legislat,tlvca n d
jtldicial, to take tin oath to support the, Constitutioii of the United States be, and
the A U ~ N iv hercby, ahrogtttetl and annulled.
fk.
8%'fhtlt id1 rights acquired and vested under the Constitution of the United
g h t w or UndH' :lJly act Of COllgr<w paSPed in pursuance thereof, 01' under any law
of this State ~ l not
d
irlc.onipatiblc with this ortlinance, shall remain in force and
h ~ the
~ wmc
w
cffect 118 if this ordinance had not been passed.
S1E 4. 'fh:lt the PcOp1t+O f the Sbtc of Mixhsippi hereby coilsent to form a federal
~ n i o nwith Such Of the Strttcs i i have
~
srceded, or niay secede, from the Union of the
UIlited fit&PR of Arneric*2, Up011 the hasis of the prescat Constitution of the said United
ghtw, eXcePt f W C h PRrtV t h c R 0 ~a8 embrace other portions than such seceding states.
Adopted, 11th day of January, A. 1). 1801.

dh

Feb. 4, 1861.1
An

PROVLYZONAL CONGRESS.

ordinance to dissolve the Union between the State of Louisiana and other States,unit&

9
with her

States of America is hereby dissolved.

We do .further declore imd orduan, That t h e State of Louisiana hereby r e s u e s all
rights and powers heretofore delegated to the Government of the United S
Anierica; that her citizens are absolved from all allegiance to said Governme
that she is in full possession and exercise of all those rights of sovereignty
appertain to a free and independent State.
We do jurtlter declure uncl ordmk, That all rights acquired and vested
Constitution of the United States, or any act of Congress, or treaty, or und
of this State, arid n u t incornpittible with this ordinance, shall remain in force and
have the same effect as if this ordinance had not been passed.
Adopted in convention a t Baton Rouge, this 26th day of January, 1861.
Rewhition of the convention of Louisiana in reference to the free navigation of the &fiisSissippiRiver.
Rcsolbed, That we t h e people of t h e State of Louisiana recognize the right of the
frce navigation of the Mississippi River and its tributaries b y all friendly States bordering thcreon, and we also recognize the right of egress and ingress of t h e mouths
of the 3Iisbissippi Kivcr by all friendly States and powers, and we do hereby declare
oiir willinpnePs to entcr into any stipulations to guarantee t h e exercise of said rights.
Adopted in convention at Baton Rouge, this 26th day of January, 1861.
Itesolutions adopted by the convention of South Carolina.
Resolwd, First. That this convention d o appoint a commissioner to proceed to
earh of the slamholding States that may assemble in convention, for the purpose of
Isvying our ordinance of secession before t h e Bame and respectfully inviting their
cooperation in thtl formation of a southern confederacy.
Frtond. That our commissioners aforesaid be further authorized to submit, on our
part, the Federal Constitution as a basis of a provisional government for such States
sfiull have withdrawn their connection u ith the Government of the United S
Anierica: Prozided, That t h e said provisional government and the tenure of
ceis arid appointments arising under it shall cease and determine in two years from
the 1st day of July next, or when a permanent government shall have been organized.
Third. That the said commissioners be authorized to invite the seceding 8tates to
meet i n convention, a t such time and places as may be agreed u on, for the purpose
of formingarid putting ininotion such pro&ional government, a n f s o that t h e sai
visional government shall be organized and go into effect at the earliest period re
to the 4th of March, 1861; and that the safne convention of seceding States s f h proceed forthwith to consider and ropose a constitution and a plan for a permanent
go\ erniiient for such States,
propo,qed plan shall be referred back to the several State conventions for their adoption or rejection.
Fourth. That eight deputiesshall beelected by ballot by this convention, who shall
b~ authorized to meet in convention such deputies as may be appointed by t h e other
blaveholding States who may secede from the Federal Union, for the purpose of carrying into effect the foregoing resolutions; and that it be recommended to the said
htates that each State be entitled to one vote in the said convention upon all questions u h i d i niay be voted upon therein, and that each State send as many deputies
as are equal in number to the Senators and Representatives to which it wag entitIed
in t h e Congress of tlie United States.

whit!

Ilesolutioiis adopted by the convention of Alrtbama, January 17, 1861.

Rcsolccd, That this convention cordially approve of the suggestions of the convention of the people of South Carolina t o meet them in convention at Montgomery, in
the State of illabaixa, on the 4th day of February, 1861, to frame a provisional gov-

ernment upon the principles of the Constitution of the United States, and also to
prepare and consider lipon a plan for t h e creation and establishment of a permanent
government for the seceding States upon the same principles, which shall be aubrnitted to conventions of such seceding States for adoption or rejection.
Resolced, That we approve of the suggestion that each State shall send to said conven tion as many deputies as it now has or lias lately had Senators and Representatives
in t h e Congress of the United States; and that each State b h a l l have one vote upon
all questions upon which a vote niay be taken in said convention.

10

[Feb. 4, 1861.

JOURNAL O F THE

&o$wed, That this convention will proceed to elect by ballot one deputy from each
Congressional district i n this State and t h o deputies from the State at large a t 12
oclock m. on Friday, the 18th day of January instant, who shall be authorizcd to meet
in convention such deputies as may be appointed by the other slaveholdlng States
who may secede from the Federal Union, for the purpose of carrylng Into effect the
foregoing and the resolutions attached to the ordinance dissolving the Union; and
that deputies shall be elected separately, and each deputy shall receive a majorlty of
the members voting.
An ordinance to provide for the appointment of delegates to a convention to form a southern C@nfederacy.

W e tlke people of Louisiana in convention assembled do declare and ordain and

hereby declared and ordained:
First. That this convention will, on the 30th day of January instant, at the hour of
12 m., proceed to elect viva w c e six delegates, 4wo from. the State at large and one

from each Congressional district, to represent this State i n the conventlon of seceding States proposed to be held at Montgomery, in the State of Alabama, on the 4th
day of February, 1861,for the purpose of securing concerted and harmonious action,
and also of forming a provisional government for those States which have seceded
and which may secede and intend to form a southern confederacy.
Second. That the said deleaates be instructed to aid in forming a provisional government on the basis of the 6onstitution of the United States for such States as have
seceded, or may secede, to be established and put into operation before the 4th day
of March, 1861, and that the same convention of seceding States shall proceed forthwith to consider and propose a constitution and plan for a permanent government
for such States, which proposed plan shall be referred back to the several State conventions for their adoption or rejection.
Third. That this convention accepts the recommendation of the State of South
Carolina, that each State be entitled to one vote in the said convcntion upon all
questions which may be voted upon thcrcin, and that cach State send as many delepates as are eqiial i n number to the number of Senators and Representatives to which
it was entitled in the Congress of the United States.
Fourth. That if froin any cause the said convention should not assemble a t the
time and placc above mcntionetl, then and in that event the said delegates be, and
th6.y are hereby, at-credited to any convention of seceding States which may meet a t
any other time and place, having for its object the formation of a government and
tho establishing of a confederacy, as hereinbefore prescribed, and which may adjourn
to meet at any other time and place.
Adopted in convention at the city of New Orltms, this 29th day of January, 1861.
RCbollltiollN by tltc c~onveIitioI1
of the StHtc of Georgiii.

Mr. Williani

.Chilton, of AlalmxL, called the Con

ress toorder, and

~lovcd
t h t Mr. l h b c r t W. 13tli*nwell, of South C:urfitla, be appointed
to preside tempor:irily over the Cotigrcss And until its permanent organization; and said iiiotion was un:~nirnouslyconcurred in.

Mr. f3srnwell assumed the chair, and tendered his thanks to the
Congress for the proof of their confidence and respect.
The Chairman then called o n the Rev. Dr. Basil Manly, of MontR O ~ ~ Cwho
~ y , offered up an iiupresvive prayer to Almighty Qod in
bchdf of thc C ~ ~ I ~ X:ind
Y Sthe
S Stat(><mhose interests it represen&.

PROVIEIIOXAL OONGRESS.

Feb. 4, 1861.]

On motion of Mr. .John Gill Shorter, of Alabama, A. R. Lamar,

esq., of Georgia, was appointed temporary secretary.
Mr. Robert B. Rhett, of South Carolina, suggested that the proper
time had arrived for the presentation of their credentials by the deputies of this Con ress.
Mr. Christop er G. Xemminger, of South Carolina, then moved that
the deputies from the several independent Southern States now
sent their credentials t o the secretary, in the alphabetical order o
several States, and that they also sign the roil of the Congress.
And thereupon the deputies whose names are underwritten appeared
and signed said roll, to wit:

8:

From t h State ofALABAMA-.

__ __ __ __ __ -__ - ____ -

R. W. Walker.
R. H. Smith.
J. L. M. Curry.
William P. Chilton.
S. F. Hale.
Colin J. McRae.
Jno, Gill Shorter.

FLORTDA
_._
...
._
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Jas. 3. Owens.
J. Patton Anderson.

GEORGIA
-- - -- -

-- -- - - -- -- -- -- -- .-

Robert Toombs.
Howell Cobb.
Francis S. Bartom.
Martin J. Crawford.
Eugenius A. Nisbet.
Benj. H. Hill.
A. It. Wright.
Thomas R. R. Cobb.
Augustus H. Kenan.
Alex. H. Stephens.

LOUISIANA
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ John Perkins, jr.
Edward Sparrow.
A. De Clouet.
D. F. Kenner.
Henry Marshall.
MISSISSIPPI
..

. . . . . . . . . . . . . . . . . . __ __

SOUTIICAROLINA
__ __________

_____

W. P. Harris.
Walker Brooke.
W. S. Wilson.
W. 8. Barry.
J. T. Harrison.

R. B. Rhett, sr.
R. W. Barnwell.
L. M. Keitt.
Jawes Chesnut, jr.
C. G. Memmin er.
W. Porcher Mi es.
Thomas J. Withers.
W. W. Boyce.

'i

12

$OURNAL OF THE

[Feb. 4, 1861.

1 deputies presented, respectively, their credensaid

tials, which are severally as follows, to wit:
STATE OF ALABAMA.
At a convention of the people of the State of Alabama, begun and holden at Montgomery, on Monda the 7th day of January, 1861.
ReDort and reso?kions adopted by the convention on the 17th day of January,
1861,
Report and resolutions from the Committee of Thirteen upon the formation of a
prQvisigna1and permanent government between the seceding States.
Thecommittoe of Thirteen beg leave to report that they have. had under consideration the Report and resolutions from the Committee on Relatlons wlth the Slaveholding States, providing for the formation of a provisional and permanent government by the seceding States, adopted by the people of the State of S?uth Carolma,
in Convention, on the 31st day of December, 1860, al?d submitted to thls body by.the
Hon. A. P. Calhoun, commissioner from South Carolina, whlch report and resolutions
were referred to this committee.
They have also had under consideration the resolutions upon the same subject,
referred to them, which were submitted by the delegates from Barbour and from Tallapoosa. All of these resolutions contemplate the purpose of forming confederate relations with such of our sister States of the South as may desire to do so. The only disagreement between thein is as to the details in effecting that object. The committee
unanimously concur in the purpose and plan proposed by the convention of the people
of South Carolina. In the opinion of the committee there has never been an hostility
felt by an portion of t h e people of Alabama against the Constitutioii of t i e United
States of lnierica. The wideepread dissatisfaction of the people of this State, which
iiw finally induced then: to dissolpe the Union, styled the United States of America,
has been with the conduct of the people and legislatures of the Northern States setting a t naught one of the plain& provisions of the Federal compact, and with other
dangerous misinterpretations of that instrument, leading them to believe that the
Northern people design, by their nunicrical majority, acting through the forms of
government, ultirnateiy to dwtroy nisriy of our most valuable rights.
With tlie eople of Konth Carolina w e believe that tlie Federal Constitution presontxu.eomproteschemr of confederation, ctapabltlof bchg speedily put into operation;
that its provisioiis and true import are familiar to the peoplc of the South, many of
whom are belicvect to clierish a dcyqw of vcncration for it, and that all would
feel safe under it when in their own hands for interpretation and administration,
especially as the portions that havc bcen by perversion made potent for mischief and
oppression, in the hands of adverse and inimical interests, have received a settled construction by the South; that x speedy confetleration hy the South is desirable in the
highest de ree which i t is sup )oxctdmust he twiporary at first (if accomplished as soon
UN i t s h o d 8 be\,and no betterbasis than tlie Constitution of the United States is likely
to he sriggestd or adoptctl. This convention, in the resolutions accompanying the
ordinance diwsolvirig the [Jnioii, haw already responded to the invitation of the people
of South Carolina to jwct them in convention for the purpose indimted in their resolut i o n ~and
, have Jialll(?d&lontgoniery, in this State, and the 4th day of February, as the
ttppropriate plate and time at wlrieh to meet. I n fixing the timk and place this convention but concurred in tlie suggestions of the honorable gentlrnran representing
t h e people of Sooth C>arolinti More this body. We are aware that several of our
Histor Stiites, which h s ~ iiidi(*ated
e
a disposition to secede fro111 the Union, alld haye
cullt~lconveritioiiw of their people, map not be able to incct us a t so early a day, but
the g r w t iiiipoitance to the Stales whidi h:Lvv :ilrc;idy seceded, and which are likely
to sccwlc by tliat datc),of having a coirinion govcr nnieiit to manage their Federal and
foreign affaira in the einergcncy now pressing upon them outwrighetl, in the opinion
of the coiiiinittoc, thc considcratioii which wggested delay. The corllrriittee nlole
readily (-om(\to tliiu c20ric*lii8ion,
as the conrention wliicli 11ill meet 011 the 4th of
February will at tirht be engaged in the foiniation of a pvovisionaLgovernment, leaving tliu Inoro iniportant qnention of a perinancnt govwnnieut to be considered of at a
later (lay, by whic41 tinic it is Iioped and believed that all the Southern S h k s will
be i n a c-onhition to srtld deputies to thc convention and participate in its councils.
It ww thought also that the proposition to forin the proviuional government upon the
hwis of the Eedcral Constitution, so innc4i rweretl by all the Southern States, \?ill
meet with the approval of all those who may secede. The colnmittee are also of
opinion that the election of the deputies to me,! the people of our sister States in
convention should be made by this convention. Po submit the election to the people

Feb. 4, 1861.1

13

PROVISIONAL CONGRESS.

would involve a dangerous delay and i t would be impracticable to sewre

b y t h e people before the 4th of February next.
The committee therefore reconimend to the conrention the adoption of th
ing resolutions, viz:
Resolced, That this conrention cordially approvc of the suggestions of the conve
tion of the people of South Carolina to meet them in convention a t Montgomery, in
the State of Alabania, on the 4th day of February, to frame a provisional gQvernmerit upon the principles of the Constitution of the United Stales, apd alw to
piepal c and consider upon a plan for the creation and establishment of a permanent
government for the seceding States upon the same principles, which shall be s u b
to the conrentions of such seceding States for adoption or rejection.
1 7 4 That we approve of the suggestion that each State shall send to said
tion as many deputies as it now has, or hm lately had, Senat
vcs in the Congress of the United States: and t h at each State
votc upon all queetions upon TT-hich a vote may be taken in said con\
Kesol?%ed,therefow, That this convention will proceed to elect, b y ba
from oach Congressional district in this State, and two deputies from the
large, at 12 oclock meridian, on Friday, the 18th of January instant, who shall
authorized to meet i n convention such deputies as may be appointed by the
slaveholding States who may secede from the Federal Union, for the p
carrying into effect the foregoing and the resolutions attached to the ord
solving the Tnion; and that said deputies shall be elected separatdy,
deputy shall receive a majority of the members voting.
Adopted: January 17, 1861.
And in pursuance of said resolutions the following deputies were elected by
convention :
Deputiesfor the State at large.
Hon. Richard W. Walker, of Lauderdale.
11011.Robert H. Smith, of Xobile.

Deputies for the districts.

First district, Gen. Colin J. McRae, of Mobile.
Srcond district, Hon. .John Gill Shorter, of Barbour.
Third district, IIon. W. P. Chilton, of Montgomery.
Fourth district, Ion. Stephen F. Hale, of Greene.
Fifth district, Hon. David P. Lewis, of Lawrence.
Sixth district, Dr. Thoinas Fearn, of Madison.
Seventh district, Hon. J. L. M. Curry, of Talladega.
The foregoing is a true copy.
I n witness whereof I hcrcunto set my hand this the 29th day of January, A, D.
1861.
WILLIAM M. BROOKS,
Presidtvtt of the Conveniion.
Attest:
A. G. NORS,
Secretary of the Convention.

IS

THE SAME AZSD BY THE AUTHORITY OF THE STATE OF

FLORIDA.

To all to whom these presents may come, greeting:

Whereas J. Patton Anderson hath been appointed by the governor and approved
by t h e convention of said State, by virtue of an ordinance of said convention, to be a
delegate to represent t h e State of Florida in a convention of States composed of such
slaveholding States as have now, or shall have before t h e final adjournment of said

convention, dissolved their connection with the late Federal Union:

Now, therefore, t h e said J. Patton Anderson is hereby duly commissioned. to be
such delegate, according to the ordinance aforesaid, to represent this State I? the
convention of slaveholding States (as have now, or shall have before the final adjournment of said conrention, dissolved their connection u-ith the late Federal Union), to
be holden at Montgomery, i n the State of Alabama, o n the 13th day of February
next, or a t such other time and place as niay be agreed upon by the delegates
appointed for the purpose of forming a provislonal government for a southern confederacy, to continue of force until superseded by the organization of a permanent
government; and after said provisional government shall have been organized said
delegates shall proceed to form a permanent government for said confederacy.

14

[Feb. 4, 1861.

JOURNAL 0%THE

I n testimony whereof the governor of said State has signed this commission and
&used tile great seal of the State to be affixed thereto, at t h e Capitol in Tallahassee,
this 21st day of January, anno Domini 1861.
[SEAL.]
M. S. PERRY,
Govmor of Florida.
By the governor.
Attest:
F. L. VILLEPIGUE,
Xecretay of State.
I N TRE N A M E AND BY THE AUTHORITY O F TEE STATE OF

FLORIDA.

To all to whom t b a e presents may come, greeting:

Whereas James B. Owcns hath been appointed by the governor and approved by
the convention of said State, by virtue of an ordinance of said conventlon, to be a
delegate to re resent the State of Florida in a convention of States composed of such
slaveholding 8tates as have now, or shall have before the final adjournment of said
convention, dissolved their connection with the late Federal Union:
Now, therefore, the said James B. Owens is hereby duly commissioned to be such
delegate, according to the ordinance aforesaid, to represent this State in the convention of slaveholding States (as have now, or shall have before the final adjournment
of said convention, dissolved their connection with the late Federal Union), to be
holden at Montgomery, in the State of Alabama, on the 13th day of February next,
or at such other time and place as ?lay be agreed upon by the delegates appointed
for the purpose of forming a provisional government for a southern confederacy, to
continue of force until superseded by the organization of a permanent government;
and aftcr said provisional government shall have been organized said delegates shall
proceed to forin a permanent government for said confederacy.
In testimony whereof the governor of said State has eigned this cornmission and
caused the meat seal of the State to be affixed thereto, a t the capitol in Tallahassee,
thitl21st djy of January, A. D. 1861.
M. S. PERRY,
r8RAL. 1
Governor of Florida.
By tlic governor.
Attest:
I?. L. VILLWKKIX,
r(;F(w/ur!/of ~ i l u t ~ .

STATEOP GEORGIA.
The peo lc of the State of Georgia in convention assembled having passed a resolutioii autitbrisio 7 the appointrnent of, and having appointed, two delegates a t large
find eight other kelegatcs, corresponding in nuniber to the representation of said
stat0 i n the Congress of tlw late United States, and havinu. also instructed said delegates to meet a Congrtw of the tielegates ot the States \rlk4i have withdrawn from
tho Governmmt of tho United States at Montgomery, in the State of Alabama, on
tho 4th day of February next, ~ i t such
h
other instructions as ahallbegiven them by
thiR (~onvcntion.
130 it thcrelore known, in obcdicncse to and by virtue of said resolutions, I, the
president of said convcntion, do hereby coniriiission the Hon. Hobert Toombs and
t h r Ion. Elowell Cohb as delewates at larw, and the Hons. E. 8. Bartow, XI. J.
Cniwford, 1C. A. Nisbct, U. 11. Ti%, A. It. $right, T. It. R. Cobb, A. 1. Kenan, and
A. {I. Strplww RR dcltptcs to said Congress, at the time and place aforesaid, and to
do and ptvfornl all avts in conformitv to said resolutions and instructions.
In witnesswhereof 1,the said preddent, have hereto set my hand, at Milledgeville,
on the 29th of January, A . 11. 1861.
GEO. W. CRAWFORD,
Presideitt qf the Convention.

T ~ rEm P t . E

oip

TRE

STATI:
on- LOUISIAXA
IS

CONVENTION ASSEMBLED.

To ctll to whom it ma!/ concrrn, greeting:

ThiH shall certify that by virtue of an ordinance adopted on the 28th day of January, 1861, by thc pco le of the State of Lonisiana in convention assembled, Messrs.
John Perkins, jr., Afexander De Clouet, Charles &I. Conrad, Duncan F. Kenner,

EEd\vartl Sparrow, and Henry Marshall were duly clected and are hereby fully authorized and empowered to act as delegates, to represent the people of the State of LouisiLna

Feb. 4, 1861.1

PROVTSIONAL CONGRESS.

15

in thc convention of the seceding States, to be held at Montgomery, in the State of

Alabama, on the 4th day of February, 1861, or in any other convention of seceding
States whidi may meet a t any other time and place.
Given under tny hand and seal of t h e convention, at the city of New Orleans, this
31st day of January i n the year of our Lord 1861.
[SEAL.]
A. MOUTON,
President of the Convention.
A true copy from the original.
J. THOMAS
WHEAT,
Xecretary of the Convention.
I, William S. Barry, president of the Mississippi State convention do hereby certify that A. 31. Clayton, James T. Harrison, William S. Barry, J. A. P. Campbell, .
Wiley P. IIarris, Walker Brooke, and William S. Wilson were on the 23d January,
1861, duly elected by aaid convention delegates to represent said State in the convention of the seceding States to meet at Montgomery, Ala., on the 4th of February, 1861.
WILLIAM S. BARRY,
Preside??t Mississippi State Convention.

T n ~ STATE
l
OF SOUTH
CAROLINA.

By Francis H? Pickens,governor of the State of South Curoliiaa:

Whereas at a convention of the people of South Carolina, begun and holden at
Columbia, on the 17th day of December, in the year of our Lord 1860, and thence
continued by adjournment to Charleston, and there by divers adjournments to the
22d day of December i n t h e same year, i t was
Resolved, Fiist. That this convention do appoint a commissioner to proceed to each
ot t h e slaveholding States that may assemble in convention, for the purpose of laying
our ordinancch of secession before the same and respectfully inviting their cooperation
in the formation with us of a southern confederacy.
Second. That our conimisvioiiers aforesaid be further authorized to submit on our
part the Federal Convtitutionas the basis of a provisional government for such States
a' shall have withdrawn from their connection with thc Government of the United
btates of America: Provided, That the said provisional government, and the tenures
of all officers arising under it, shall cewe and dctcrmine in two years from the 1st day
of July next, or when a permanent [government] shall have been organized.
Third. That the said commissioners be authorized to invite the seceding States to
meet in convention at such time and place as may be agreed upon for the purposeof
forming and putting in motion such provisional government, and so tha t the mid
provisional government shall be organized and go into effect at the earliest period
previous to the 4th day of March, 1861, and that the same convention of seceding
States shall proceed forthwith to consider and propose a constitution and plan for a
permanent government for such States, which proposed plan shall be referred back
to the several State conventions for their adoption or rejection.
Fourth. That eight deputies shall be elected, by ballot, by this convention, who
shall be authorized to meet in convention such deputies as may be appointed b y the
other daveholding States, who may secede from the Federal Union, for the urpose
of carrying into effect the foregoing resolutions, and that it be recommendex to the
said States that each State be entitled to one vote in t h e said convention upon all
questions which niay be voted upon therein, and that each State send as many deputies as are equal in number to the number of Senators and Itepresentatives to which
it was entitled in the Congress of the United States; and
Whefeeas Robert Barnwell Rhett, Robert W. Barnurell, Christopher Gustavus
Memminger, James Chesnut, jr., William Porcher Miles, Lawrence M. Keitt, Thomas
J Withers, and William W. Boyce u-ere duly elected deputies as aforesaid by $aid
convention, now know ye, that reposin special trust and confidence in the ability,
integrity, and fitness of Robert BarnwelffRhett, Robert W. BarnweIl, Christopher G.
Nemminger, James Chesnut, jr., William P. Miles, Lawrence M. Keitt, Thomas J.
Withers, and William W.Boyce, do hereby, in compliance with the appointment
made by the said convention of the people of this State, under authority from that
body, commission you the said Robert Barnwell Rhett, Robert W. Barnwell, Christopher G. Memminger, James Chesnut, jr., William P. Miles, Lawrence M. Keitt,
Thomas J. Withers, and William W.Boyce to proceed to the place designated for
holding said convention and there to discharge the duties intrusted to you by the
said resolutions, with full power and authority to do all legal and proper acts in the
premises.

16

[Fcb. 4 , 18G1.

JOURNAL O!? THE

Of JanGiven under my \and and the seal of the State?t Char1eston7this 31st
the
year
of
our
Lord
1861,
and
in
the
eighty-fifth
Year
of
the
uary,
and independence. of the StatC: of 80Uth Carolina.
F. W.PICKENS.

[SEAL.)

By the governor:
JAMISA. DUFFUS,
Deputy Secretary of State.

Mr.Ehett moved that the Congress now proceed to the election of

a president of the same, and p u t i n nomination the name of Mr.
Howell Cobb, of Georgia, and further moved that he be deckwed President by acelawtion.
The motion prevailed, and Mr. Cobb was chosen permanent President by acclamation.
Mr. Rhett moved that a committee of three be appointed to infor1n
Mr. Cobb of his election and conduct him to the chair.
The motion prevailed, and the Chairman appointed Messrs. Rhett,
Walker, and Anderson to erform that duty; which being done
Mr. Cobb, after taking t c chair, addressed the Congress as follows:

Accept, gentlemen of the convention, iny sincere thanks for the honor you have
conferred upon me. I shall endeavor, by a faithful and impartial discharge of the
dutiea of the Chair, to merit, in some degree at least, the confidence you have reposed
in me.
The occasion which assembles us together is one of no ordinary character. We
meet rn representatives of sovereign and independent States, who by their solemn
judgment have dissolved the political association which connected thFm with th:
Government of the United States. Of the causes which have led to this demion it
i8 unnecessary now to speak. I t is sufficient to announce that, by the judgment of
our constituents, they have been pronounced ample and sufficient. I t is now a fixed
irnd ail irrevocable fact. The separation is perfect, complete, and perpetual.
Tho great duty is now imposed upon us of providin for these States agovernment
for tlieir future security and protection. We can an8 ,should extend to our sister
States-our late sister States-who arc identified with us in interests, feelings, and
institot,ioris, a cordial welcome to unite with us in a common destiny, desirous at the
mnie time of maintaining with our former Confederates, as with the world, the most
peaoaful and friendly relations, both political and coninicrcial.
Our rwponsibilities, gentlemen, are great, anti I doubt not we shall prove equal to
tho orcnaion. Let ns a~sunicail the responsibility which may be necessary for the
suLTewful completion of the great work committed to our care,. placino before our
co~itryinenand the world our acts and thcir results as the ]ustific&on for the
come w e intty pursue arid the policy we iney adopt. With n consciousness of the
p
r
c
t of our cause, and with confidence in the guidance and blessing of a kind
'rovidence, we will this day inaugurate for the South a new era of peace, security,
and prosperity.

On motion of Mr. Chilton, the Congress proceeded to the election

tt secrotavy.
Mr. Chilton put in nomination t3hcm n c of cJohnson J. Hooper, of
tho S h t c of Alabania.
Qn motion of MI.. Toombs, Mr. Hooper was elected Secretary by
ticclamntion.
011 nlotioil of My. Withers, thc President was autliorized to appoint
tt doorkeeper and me
0 1 1 nlotloll Of Mr.
the President was authorized to appoilat
R conlmittee of fitre to report rules for the
overnment of the Conregs; which committee 8s announced by t c President is lqessrs.
8 t C hens, IhitL, Ckirry, EIarrison, and per]&s.
~ o t i o l of
l Mr. boyce, the Congress adjourned until to-morrow,
12 o'clock rn.

of

:EFK&,

Feb. 6, 1861. ]

PROVISIONAL CONGRESS.

17

TUESDAY, FEBRUARY
5, 1861.
OPEN SESSION.

T h e Congress met pursuant to adjournment.

1ra-j-er mas oifered by Rev. Mr. Mitchell.
On the motion of Mr. Withers, the Yresident appointed Robert
W p n as lloorkeeper and John Wadsworth as Messenger.
Mr. Shorter moved that the Secretary he authorized to appoint an
assistant secretary and a journal clerk.
The motion prevailed, and the Secretary appointed Robert E. Dixon
Assistant Secretary, and Wiley N. Hutchins Journal Clerk.
Mr. Stephens, from the Committee on liules, made the following
report, to wit:
First. Tlie vote upon all questions i n this Congress, except as hereafter otherwise
provided, shall be taken by States; each State shall bc entitled to onevote. A
majority of all the States represented shall be necessary to carry any question. The
delegates of each State may designate the member to cast the vote of their State,
arid upon the niotion of any ineinber, seconded by one-fifth of the members present,
or at the instance of any one State, the yew and nays of t h e entire body shall be
spread upon the Journals upon any question.
Serontl. Any iiiiiiiber of iiierriberv from a majority of the States now represented,
or hereafter to be represented by duly accredited delegates from States seceding from,
the late United States of America s h d l constitute a quoruin to transact business.
Third. The President having taken t h e chair, and a quorum being present, the
J u n r n a l of the preceding day shall be read, and any mistakes in the entries shall
upon iiiotioii then be corrected.
Fourth. No member shall speak to another, or otherwise interrupt the business of
the Congress, mhile the Journals or public papers are being read or when any
iiieiiiber is spcaking in debate.
Fifth. Evcry member \v hen he speaks shall address the Chair, standing in his
place, and when he has finished shall sit down.
Sixth. KO niernber shalt speak more than twice in any one debate on the same
question and on the same day without leave of a majority of the nieinbers present.
Serentli. When ta o or more members rise at the same time the President shall
name t h e perwn to speak, hut in a11 cases tlie member who shall rise first and
address thc Chair shall speak first.
Elightli Tlie lrrhident shall prcserrr order apd decorum; may speak to points of
order iii I)rci(,rence to other incml)ers, rbing from his seat for that purpose; and
dial1 decide questions of order, subject to a n appeal by any one State; and inay call
any~ineinberto t h e chair to preside temporarily, not to exteiid beyond that days
scwion. Ile inay participate in t h e debates.
Kinth. \\hen ariy member is called to order by the President, or any member, he
shall sit down, and every question of order shall be decided l)y the President without debate, subject to a n appeal to the body.
Tenth. If any member be called to order by another nienibcr for words spoken,
the exceptionable words spoken shall immediately be taken do\\ n in writing, tliat
the President may be better able to judge tlie matter.
Eleventh. No member shall in debate use any language reflecting injuriously upon
the character, niotires, honor, or integrity of any other rneitiber.
Tlyelfth. KO motion shall be debated until the same shall receive a second; and
n hen a motion shall be made and seconded it shall he reduced to writing, if desired
by t h e President or any member, deliyered in at the table and read before the same
shall be debated.
Thirteenth. A n y niotion or proposition may be withdrawn by the mover at any
time before a derision, amendment, or other action of t h e body upon it, except a
motion to reconsider, M hich shall not be withtlranm withont leave of the body.
Fourteenth. When a question has been once made and carried in the aErmative
or negative a motion to reconsider shall t x entertained at the instance of any State,
if made on the same day on which the vote was taken, or within the tn-0 next days
of actual session. When a motion to reconsider shall be made its consideration shall
take precedcnce of the regular order of business, unless a majority of t h e members
present shall fix some other time.

c J-VOL 1-04-2

[Feb. 5, 1861.

Fifteenth. When a question is under debate no motion (except one to reconsider

gome other question @ lipon) shall be received but to adjourn, to lie on the
kble,
postpone in%efinitely, to postpone to a day certain, to commit or amend;
which several motions shall have precedence in the order they Stand arranged, and
the motion to adjourn shall always be in order and decided without debate.
Sixteenth. If the uestion for decision coqtain several .parts any member may
have the =me divide\, but on a motion to stnke out and Insert I t shall not be. In
order to move for a division of the question: but the rejection of 3 motion to strike
out and insert one proposition shall not prevent a motion. to Strike out and lnse*t
proposition, nor prevent a subseqdent prOpOSltlOn SlmPlY to Strike O u t ,
nor shall the rejection of a motion simply to strike out prevent a subsequent motloll
to strike out and insert.
Seventeenth. I n filling up blanks the largest sum and longest time shall ue first
put.
Eighteenth. The unfinished business in which the Congress may be engaged on
adjournment shall be t h e first business in order on the next day sitting.
Nineteenth. After the Journal is read and the unfinished business, if any, of the
previous days sitting is disposed of, the regular order of business shall be as follows:
Enst. The call of the States alphabetically, for memorials or any matter, measure,
resolution, or pro osition which any member may desire to bring before Congress.
Xecond. The calf of committees for reports-the call of the committees to be made
in the order of their appoiptnient. Such reports of committees as may not be otherwise dis osed of when made shall be numbered in the order in which they are
p r e s e n d and be placed in that order on the Calendar of the regular orders of the
day.
Third. The Calendar, or the regular orders of the day, shall then be taken up,
and every resolution, proposition, or measure shall be disposed of in the order in
which i t there stands. No s ecial order shall be made against this rule, except by a
vote of a majority of the &ks, and such majority may, at any time, change the
order of business.
Twentieth. Every resolution or measure submitted for the action of Congress shall
receive three regular readin previous to its being passed. The President shall give
notice a t each readin wheger it be the first, second, or third reading. No resoltition or nteame sliallf~ecommitted or amenclcd until it shall have been twice read,
after which it may be subject to motion to amend or to refer to a committee. And
all ~ n c 4 1mattem on second reading shall first be considered by the Congress in the
.wine nianner as if Congrees were in Committee of the Whole. The final question
on tho second reading of any matter not referred to a committee shall be, whether
it shall be engrossed and read a third time, and no amendment shall be received
after the cngroasment for a third reading has been ordered. But it shall at all times
he in order, before tlw final passuge or action on any matter, to lnove its commitmciit, and should rruch comrnitment take place, and any amendment be reported b y
the committee, the whole shall be again read a second time and considered as in
Corninittee of the Whole, and thcn the aforesaid question shall be agaiain put.
Twenty-first. After any niatter is ordered to be engrossed and it has been read a
third time, the qnestion ahxll be, Shall the resolution (or the matter, whatelrer it
may be) now pass?
1 wmty-second. All resolutions or other matter on the second and third reading
lriny be rcad by the title, unless the reding of the 75,hole shall be desired by a
majority of thotic resent.
TWthJlt).-tllird.*he titlCS Of res0lUtiOtis and other matters submitted, and such
.Wrb tllcreof Ollly at!&all be nffected by proposed amendments, shall be inserted on
tho JournalP.
No niotioti for the previous queetioii sllalj be entertained, but
Tw~~nty-fonrtli.
111)o1r tltc call of any inember for the question, if fiecondecl bv a majority of the
ineirtl)rrs prtwit, tlw vote shall bc imnic~diatelytaken on t11i pending cjnestioll,
wlmtever it may
1%ittrout fnrt1rc.r dcJbate.
Twcbl>ty-fiftll.A inotioii to lay any ~nwndinc~nt
o i l the tablo pycvailjllg, slr2,11
with i t 011ly the amc~ntltiic~nt,
and not tIw oripinaj proposition lllatter.
Twta1ity-sixtlr. Mtenoq-aphersailti rcyorters for tile preps \vi<llingto take dol\ the
Proceedilll?s of Cot1 PtW lllay bc adlnitted by the Iresi&nt, who sI,all
soel,
I)lac(ls to thein on t t e floor to effect their object as shall 11ot interfere with
c.on.
sessinn
venicmoe of members in onen
- - - ---.
Twenty-8rventh. On motion made and seconded by another member to close the
doors on the discussion of any business which may, in the opinion of a member,
requirt. semxy, the President shall direct the doors to be closed and the gallery to
be cleared, and during the discussion of such question no one shall be permitted to
renrain upon the floor but the members of the body and it,y officem.
ttch,

PROVISIONAL CONGRESS.

Feb. 5, 1861.1

19

Twenty-eighth. Any officer or member of the Congress convicted of disclosing any

matter directed by the body to be held i n confidence, shall be liable, if an officer, to
be dibmissed from service; and in case of a member, to suffer expulsion from the
body.
Twenty-ninth. All cases t h a t may arise in t h e proceedings of this Congress not
provided f o r in the foregoing rules shall be governed by the general principles of
parliamentary law a3 laid down in Jeffersons Manual.

On motion of Mr. Kenner, the twenty-fourth rule was amended by

striking out the word members and inserting in lieu thereof the
word States.
On motion of Mr. Memminger, the report of the comniittee as
amended was adopted and ordered to be printed in pamphlet form for
the use of the Congress.
Mr. Curry offered the -following resolution, to wit:
RPsoZid, That Messrs. Shorter and Reid be appointed printers to this Congress
15 hile it holds its setsions in Montgomery, and that [all] the work to be done shall,
i n Ptyle and quality, equal that done for t h e State of Alabama, and shall be paid

for

at the same proportionate rates of compensation;

which was taken up, read three times, and adopted.

X r . Nisbet offered the following resolution; which was taken up,
read three times, and adopted, to wit:
ResoZi-ed, That the rererend clergy of this city be, and they are hereby, invited to
open t h e wisioni: of the Congress with prayer; and that a committeeof three, selected
from the Alabama delegation, be appointed by the Chair to extend to them this
invitation, and to arrange with them for t h e performance of t h e service.

The committee atmointed bv the President are Messrs. Chilton.

Hale, and Curry.
On motion of Mr. Stephens, the Congress agreed that the hour for
nieetinr each dav shall be 1 2 oclock until otherwise ordered.
On Gotion ofMr. Chesnut, the States were called in alphabetical
order for the purpose of the presentation of resolutions; when Mr.
Nemrninger of South Carolina offered the following resolutions, to
wit:
I

Resoked, That this convention deems i t expedient forthwith to form a Confederacy

of the States which have seceded from the Federal Union, and that a committee be
appointed to report a plan of a provisional government for the same upon the basis
of the Constitution of the United States
Second. That the committee consist of thirteen members, to be appointed as
follovs, iianiely : The chairman by the convention and two members to be nominated b y t h e delegation from each State.
Third. That all propositions in relation to the provisional government be referred
to this committee.

The same having been read twice, on motion of Mr. Stephens mas
amended by striking out in the first and second resolutions the word
convention and substituting in lieu thereof the word Congress.
Mr. Bartow moved to amend by striking out the original resoIutions
and inserting i n lien thereof the following, to wit:
\V hereas the Rtates of South Carolina, Georgia, Florida, Alabama, Miesissippi, and
Louibiana have dissevered t h e political ties which bound them to the compact of
I-nion known as the Tiriited States of America; and through duly authorized delegate? are now aPseniblrd i n a Congrebs of sovereign States to provide for their common
dufenv, to pronwte their general elfare, and to establish an enduring government,
by ntiicli tlic,ir rightt., tlomestic tranquillity, and social institutions may be forevcr
maintained, hoking to t h e concurrence of such af their late confederates as may unite
n-ith thein for these great objects; and
Whereas this Congres? is empowered to establish a provisional government until a
permanent eonstitution and government can bc constructed;
Resoived, That a committee to consist of tu o delegates to be selected by each State

Fcb. 6, lbGl ]

PROVISIONB L CONGRESS.

21

Mr. blemminger moved to lay on the table all the amendments to his
resolutions; and the vote having been taken, there were yeas 3 , nays 8;
so the motion mas lost, the States voting RS follows:
Y e a : Flo&la, Mississippi, a n d South Carolina.
Nay : Alabama, Geor ia, arid Louirinna.
The question recurre2 OH Mr. Memmingers motion to amend the
amendment of 11r. Cobh by striking out tho third proposition thereof;
and the vote having been taken thereon, stood yeas 4. nays 3.the States
voting as follows:
Yea: Alabania, Florida, Mihsissippi, and South-Carolina.
Nay: Georgia and Louisiana.
So t h e amendment was adopted and the third proposition of Mr.
Cobbs amendment was stricken out.
The quc&tion was now on Mi-.JValkcrs :mendment to hlr. Cobbs
amen dnic 11t ; which motion \ms enter tained 1);v unan i inous conbellt, and
is in the words following:
until a provisional congress, consisting of a senate and house of reprcwntatives,
elected in tfir manner prescribed by t h e Constitution of the United States, shall be
such provisions for that purpose as shall be
assembled and organ
shall be reported b y the committee as part
made by this Congre
of the plan for a pro

And tlw :tmedlnetlt was lost-Yeas 2, nays 4, the States voting

as follows:
Yea: Alabama and South Carolina.
Nay: Florida, Georgia, Louisiana, and Mississippi.
Mr. Cobb then withdrew his amendment.
M r. Uarry wit lid re w his ain cn dinen t .
The question recurred on the amendment of Mr. Bnrtom, and the
sitme mas lost-Yeas 2, i ~ y 4?
s the State8 voting as follows, to wit:
Yea: Georgia arid Louisiana.
Nay: Alabania, Florida, Mississippi, and South Carolina.
The question was now on the resolutions of Mr. Memminger; and
the same having received three several readings, were adopted-Yeas
5, nay 1, the States voting as follows:
Yea: Alahxina, Florida, Louisiana, Mississippi, and South Carolina.

Nay: Georgia.
Mr. Barry ogered the following rcsolutions; which were rcfcrred to
the committee raiscd under Nr. 21emmingeri; resolutions:
( 1 ) ResoLwd, That this convention will proceed to the establishment of aprovisional
government.
( 2 ) Resolved, That for such provisional government the Constitution of the United
States of Anierica ehal! be adopted, with those alterations of form and detail vhich
may be necessary to adapt i t to the necessities of our situation.
(3) Resolied, That for ~ u c hprovisional government a president and vice-president
ahall be elected by this convention to hold their ofices under such appointment
nntil an election shall be made by the States of the Co~ifetleiacp,to be formed on the
call of this conrention, and until their successo~sare inaugurated.
(4) Resolved, That in said constitutiori, or by ordinance to be adopted by this
body, the calling of a conventiori to revise and remodel said constitution shall be
provided for; the time of its assemblage to be fixed nith reference to such condition
of public affairs as sliall be favorable to a tranquil coiisidcratiori of the subject, 2nd
to allowing ample time for the final action of those States 1%hich have not united
with the seceding States, and which have or niay contemplate such course.
(5) Resolced, That on the adoption of such conptitution temporarily, this convention will recommend the States here repreeented to Fend Senators and Representatii e::
to the Congressyrovided for in such constitution as speedily aR possible to he
appointed by $aid States i n any manner they may adopt, and until the meetins of
the Congress this convention will take such legislative action as the public safety
may require.

22

JOURNAL OF THE

[Feb. 6, 1861.

(6) Resolved, That such provisional government under the said c o n s ~ i t ~ t i oshall
n
continue the government of the Confederacy formed under it until I t 1s altered,
amended, or superseded by the convention provided for in the fourth resolution, or
other legitimate, popular action.

By unanimous consent, the resolutions of Mr. Nemminger were so

modified as to raise a committee of twelve instead of thlrteen, each
State appointing two members, and the selection of a chairlnan was in
the same manner devolved on the committee.
MY.Chilton offered the following resolutions:
( I ) Resolved, That two stenographers be appointed by the President of this Congress to take down ite proceedings and debates, and who, upon taklng a n oath n,Ot to
disclose any matter directed by the body to be held in confidence, shall. bc admltted
to sncli seats on the floor as the President may assign them, as well durlng the secret
as the open sessions of this body.
(2) Resolwd, That the printem who have been elected to this body, upori taking
the oath prescribed in the first resolution for stenographers, be allowed to remain In
thc body doring itr, secret sessions;

which, after having been read twice, were ordered, on motion of Bfr.
Stcphcns, to be placed on the Calendar.
Mr. Stephens offered the following resolution:

Resolvtd, That the Secretary keep two Journals of this body, one for the proceedings in open semion aiid one for proceedings within cloyed doors. The Journal of
the proceedings i n open session only shall be read in public on the meeting of the

daily 8essions.

'

And the same, having received three severs1 readings, WBS adopted.
On mgpstion of the President, the several States appointed, under
MI.. Mcmminger'n resolutions, members of the committee of twelve,
as follows:

-.

From the State of Alabama-Mr. Walker and Mr. Smith.

I7ron1 Florida- Mr. Anderson and Mr. Owens.
li'roin Georgia-Mr. Stephens and Mr. Nisbet.
I'roin Louisiana--Mr. Perkins and Mr. Kenner.
l h i n Mississi$>1)i Mr. Barry and Mr. Harris.
I h r n South Cttrolma-Mr. Memminger and Mr. Barnwell.
On tilotion of MI'. Withers,
r >
1he Congrcw sdjourned until 12 o'clock to-morrow.

LVEDIUESDRY, BEBRUAEY6, 1861.

OPEN NCSSION.

'l'lic Congress met ptirsuaut to adjournment.

1'r;~ycrwas oft'cred by ilcv. Mr. Tichenor.
M r. .Jiiokson Morton ttppcwetl ns n Delegatc from the State'of Florida,
pi*c~sc~ntorI
h i s credentials; which are as follows:
1iY '1'1111 N A N E ANI) RY TI11C AUTIIORITY Olp THE STATE OF FLORIDA.

,,
l o (111 to wliom tkcsr prtacwts may conic, greeting:
Wlicrcns Jackson nlorttrll 11ath been appointed by the governor and approved by
Llw c*onvrntionof n:tict St:&,, by virtue of an ordinance of said convention, to be
t k ~ l ( w t c to
. rrprcsent the Stat(. of 1710ridlr in a co~lventionof States composed of
fiiicli aJ;ivcltoltling States iw have now, or ti11;tlI haye before the final adjournment of
riihl c~)nvc~ntion,
dissolved their connection w i t h the late Fedem1 Union:
,Vow, therefore, the said Jackson Morton is hereby duly cornmissioned to be such
drlcgatc, arcorthg to the ordinance aforesaid, to represent this State in the convention of slav(4ioldi11gStates (as have now, or shall have before the final adjonrnment
of said convention, dissolved their connection with the late Federal Union), to be

Feb. G , 18F1 ]

PROVISIONAL CONGRESS.

23

holden a t Montgomery, in the State of Alabama, on the 13th day of February next,
or at such other time and place a8 may be agreed upon b y t he delegates appointed
for the purpow of forming a pro\,isional government for a southern confederacy, to
continue until superseded by the or anization of a permanent overnment; and
after said provisional go\ ernnient shal? have been organized said dJegates shall prowed to form a permanent government for said confederacy.
In testimony whereof the goremor of said State has signed this commission and
caused to he affixed the great seal of t h e State at Tallahassee, this 21st day of January, A. 1). 1861.
[SEAL.]
(Signed)
M. S. PERRY,
Governor of Florida.

F.L.

YII>LEPI<;LTE.

Mr. Morton then signed the roll.

Mr. Toomhs prcsentcd to tlic Ircsidcnt a communication in writing
from the commissiorier.,s from the State of North Carolina to the Congress; which was reported, and is as follows:
MONTGOMERY,
ALA., February 6, 1861.
To the IIon. IIOWELL
Conn,
Iresident of the Southern Congress:
The undersigned have the honor to submit to the consideration of the Souehern
Congress the accompanying resolutions adopted by the general assembly of the State
of S o r th Carolina on the 29th ultimo.
W e are, with high consideration, your obedient servants,
D. L. SWAIN,
&I. W . RANSOM,
JOHN L. BRIDGERS.

T h e following were then reported to the Congress as the resolutions

accompanying the foregoing comriiunication:
(1) R e s o l d , That for the purpose of effecting an honorable and amicable adjustment of all the difficulties that distract the country, upon the basis of the Crittenden
resolntioris, as modified by the legislature of Virginia, and for the purpose of consulting for our common p a w , honor, and safety-the Hons. Thomas Ruffin of Alamanve, D. M. Barringer, David s. Reid, John 31.Morehead, and George Davis be,
and they are hereby, appointed commissioners to represent North Carolina in the
proposed consultation to h e held at Washington City on the 4th February, 1861; and
Whereas the State of North Carolina has been inyited by the State of Alabama to
meet at the city of Montgomery on t h e 4th February, 1861, for the purpose of forming
a provisional as well as permanent government; and
Whereas North Carolina as a art of the Federal Union has no right to send delegates for such a purpose: TherefPore,
(2) Be itresoked, That for the purpose of effecting an honorable and amicable
adjustment of all the difficulties that distract the country upon the basis of the Crittenden resolutions, as modified bj the legislature of Virginia, and for the purpose
of consulting for our common peace, honor, and safety, t h e Hons. David L. Swain,
JI. W. Ransom, and John L. Bridgers are appointed commissioners to visit Montgomery, A h . , for t h e purpose above indicated.
( 3 ) IZesolved further, That his excellency, t h e governor, be requested iinmediately
to inform the coinmissioners of their appointn~ent,and upon the refusal of any one
of them to serve, report the saiiie iinmediately to the general assembly.
Indorsed, read three times, and ratified i n general assembly this t!th day of January, 9.
D. 1861.
(Signed)
WM. T. DORTCH,
&eah-er House of Commons.
HENRY T. CLARK,
Speaker qf Senate.
STATE O F NORTH CAHOLINA, OFFICE OF SECRETARY OF STATE.
I, Rufus H. Page, secretary of state, in and for the State of North Carolina, do
hereby certify that the foregoing is a true copy of the original on file in this office.
Given under my hand this 31st day of January, 1861.
RUFUS H. PAGE,
Secretary of State.

24

JOURNAL OF THE

[Feb. 7, 1861.

tion of Mr. Toombs, a committee of three was appointed to

comniissioners from the State of North Carolina to seats on
the floor when the Congress is in open session.
The conimittee appointed bj7 the President are Messrs. Toombs,
Walker, and Barry.
On motion of Mr. Keitt, the President is authorized to appoint iiri
en rossing clerk when necessary.
k e w e was granted, on motion of i l l y . Memminger, for thc committee appointed to frame a provisional government to retire and consult
during the session of the Congress.
On niotiori of Mr. Toombs,
The Congress adjourned until 11 oclock to-morrow morning.

THURSDAY, FEBRUARY
7, 1861.
OPEN SESSION.

The Congress met pursuant to :djournment.

Yrsycr was offercd up by tlie Rev. Mr. Petrie.
The Journal of yesterdays session was read and approved.
Mr. Withcrs moved that the Congress take a recess until 12 oclock
this d:iy, in ordcr to allow the Coirirnittee of Twelve, Mr. Meniminger,
chairinm, tiiuc to pcrfect their report; which motion was agreed to.
The hour of 1 2 hzving arrived, the Congress reassembled,
Wlian the President announced to Congress that he had received a
co~iimuiiictition,iticlosirig an :bet of the lcgislature of Alabama, from a
cominittcc of said logislatiire; which communication and act are as
follows, to wit:
I-IOIJSE
OF REIJRFBENTATIVES,
ilfonfgommy, A l m n r y 6 , l ~ ~ f .

SIR:The underfiigntd liitvc been ap oiiitcd

a committee on tlie part of the house

of reprvscnta.tiws to coiuiiiuriic:itc to B e congrcsy of seceding States now in session,

tho mClostv1 copy oi :in ad of tlw gcoerni assembly of this State, approved by the
goveYrior, plitchg ;tt the diaponil oC Uoiigrtw, or of the. provisional government. of
aciwling Sttttcu w l i w t o m r t l , tlie w 1 i of SS00,OOO.
lso Ixbcn ( l i r < ~ c ! ~byd :m ordcr of the housc to make known the fact that
of w i t s within t h e bar, of the liousc has been tendered to the members
Aslririg tho favor o l yon to cwrninunicatc these proccetlings of the general nssenlbly
to tilo body o w r which you preside,
Wr veinah, with great respcct, your obcdient servants,
SAML. F. RICE,
P. S.LYON.
DAVID HUBBARD.
1L)Il.

1 lOrn1~LI. (0111%.

Feb. 7, 1861.1

25

PHOVISION A L CONGRESS.

Mr. Hill moved that the cominunic.ation 1x3 referred to a committee

of three, with instructions to prepare an appropriate response for the
Congrcss, to the general assenibly of Alabama; which motion was
agreed to; :tnd the Chair appointed as the committee Messrs. Hill,
Clonrad, arid Harris.
Mr. Conrad,one of the deputies froin the State of Louisiana,appeared,
presented hi:, credentials, signcd the roll, and took his seat in the
Congrew.
Air. Wi thers iritroduced the following resolution:
I t c s o l ~ ~ dThat
,
the governor and the members of each house of the legislature of
dlaharna be invited to seats on the floor of Congress when in open session.

The resolution received the necessary readings arid was adopted.

The Congress then went into secret session.
SECBET RE:SSIOX.

A t 1oclock p. m. the Congress went into secret session.

Thc Journal of yesterdays proceedings W R S read and a proved.
hlr. Toombs, by urianirnous consent, introduced the fo lowing resolution; which received t h e necesinry readings and was adopted, to wit:

Xesolord, That the c.ori~ii~unication

of t h c coiumissioners from the State of North
Caroliiia to thi. Congrc~s1)e referred to a corninittee of three, to be appointed by the
lresiclen t.

The Presiden t appointed as members of said committee Messrs.

Toombs, Smith, and Keitt.
;\I r. Yoombs, by unnnimoiis consent, introdnced the following resolution:
Resolved, That the committee who were instructed to invite Hons. David I,.Swain,
11. \Ir. IianPoni, and John L. Iiridpers to seats on this floor be instructed to invite
thrm to atteiid any open o
of this hodv a t niiy time it may suit their
convenience, for the purpo
y communication to this body which they
may desire;

which resolution, having received the necessary readings, was adopted.

The call of the States was then proceeded with; and
Mr. Rhett of South Carolina introduced the following resolution:
Resolved, That a committee consisting of two from carh State, to be nominated by
thc delegations from the States, shall be appointed to take into consideration and
report to this Congress a constitution for a permanent government of the States
represented in this Congrcss.

Thc said resolution, having rcccived two readings, mas ordered to

be placed on the Calendar.
M r . iMcniminger, from the Committee of Twelve to frame a provisional government, niadc: the following report:
The coiiirnittee appointed to prepare a constitution for t h e provisional government
of the States which have seceded from t h e Federal Cnion, have duly considered the
matter referred, and herewith report a constitniion for that pirpose.
C. G. MEMMIKGER, Cliuirmun.
FEBRUARY
7 , 1861.
IT17TI@N FOR THE ~ROVISIOSAI,GoVERXXXXT O F TIIE CONFEDERATE STATES OF

NORTHAXERICA.
In t h e name of Almighty God:
We the deputies of t h e sovereign and independent States of South Carolina,
Georgia, Florida, Alabama, Mississippi, and Louisiana, do hereby, in behalf of these
States, ordain and establish this constitution for the provisional government of the

[Frb. 7, 1861.

tinue for one year froin the inauguration of the President, or :inti1
onstitution or eonfederation between the said States shall be pnt in operation, whichsoever shall first happen.
t.wricr,R I.

&,-tion 1.-~111 legislati\Te powem Irerein granted shall be vested in this Congress n ~ \ v
asembled, until otherwise ordained.
Stcth?,%.-When vacancies hap n in the representation from any State, the same
shall be filled in such manner as t% proper authorities of the State shall direct.
Seetio)t 3.--1. The Congress shall be the judge of the elections, returns, and qualifications of its niembem; any number of deputies from a majority of the States, being
present, shall Constitute a quorum to do business; bnt a smaller number lnay adjourn
from da to day, and may be authorized to compel the attendance of absent members. 8pon all questions before the Congress, each State shall be entltled t o one
vote, and shall be represented by any one or inore of its deputies who may be present.
2. The Con ress may determine tlie rules of its proceedings, punish its members
for disorder1y f)ehavior, and, with the concurrence of two-thirds, expel a member.
3. The Congress shall keep a journal of its proceedings, and from time to time publish the same, exce ting such parts as may in their judgment require secrecy; and
t h e yeas and J I ~ Y So f t h e members on any question Yhall, a t the desire of one-fifth of
those present, or nt the instance of any onc State,be entered on the journal.
&!tion 4 - 1 . The members of Congress shall receive a conipensatiori for their
fervlces, to be ascertained by law, and paid out of the treasury of the Confederacy.
r h e y shall in all cases, except treason, felony, and breach of the peace, be privileged
from arrest during their attendance a t the session of the Congress, and in going to
or returning from the same; and for any speech or debate they shall not be questioned
in any other plwe.
S&?on 6.-1. Every bill which shall have passed the Congress shall, before it
hecorne a law. be resented to the President of the Confederacy; if he approve, he
shall sign it; but i l not, he shall return it, with his objections, to tlie Con ress, who
shall enter the o b j t 4 o n a t large on their journal, and proceed to reconsiger it. If,
after mch reconsideration, two-thirds of the Congress shall agree to pass the bill, it
shall beconie a law. Brit in all such cases, the vote shall be determined by yeas and
nays, mid the names of the persons voting for and against the bill shall be entered
on the joortial. If any bill dial1 not be Teturnd by the President within ten dnya
(Sundays excepted) after it shall have been presented to him, the same shall be a
lttw in like niannctr as if he h d signed it, unlcss the Congress by their adjournment
prevcnt its return, in which ~ a s eit shall not be a law.
2. Every order, resolution, or vote shall be presented to the President, and before
thc ssme shall t:iltc effect, hall be approved by him, or being disapproved by him,
p h a l l be repssnetl by two-thirds of the Congress, according to the rules and limitations
prcwribed in thv case of a bill.
~ S ~ t i ofi.-1.
it
The Congrees shall haw power to lay and collect taxes, duties,
impost8 and rscises for revenue necessary to pay the debts and carry on the governinrnt of the Coufetleracy; hut no tax, duty, impost or excise shall be laid to foster or
froluotc one branch of industry rather than another; nor shall an tax or duty be
aid for revcnue on iinpwtntions froin forcign nations, higher than figeen per cent on
their valiic. nt the place of their cxportation, except in time of war; but thecongress
may lay any chitie8 on importations from m y foreign nation, or on exports of
dorncstw protlncts, as it niiiy clcetn expedient to induce friendly political relations
with siicfilinntion; and all duties, iinposts and excifies shall be uilifornl throughout
tho States of the Confeclc.rary;
2. To borrow moncly on tho credit of the Confederacy;
3. To regulate conitwr~ewith foreign nations, and among the several States, and
with t Iie.-Indian t ri bcs;
4. To establish a uniform rule of naturalization, and uniforill la.rcs 0x1 the subject
of btinlrruptcies throughont the Confcderac
5.
coin money, regulate tilo value titereof, and of foreigrl coin,
fix tile
standard of weights and nwasiirt~s;
0. TOprovide for the pnilisltnient of conntdeiting the securities alld cllrrellt coil1
of tlie Confederacy;
7. To eshhlisli post-officesand poPt-roads;
8. To promote the progress of science and useful arts, by securing, for limited
t i n W to aLlthor8 and inventors, the exclusive right to their respective writings and
diseowries;
9. To constitute tribunals inferior to the fiilpreme Court;
I ;

Fcb. 7, 1861.1

PROVISIONAL CONGRESS.

21

10. To define and punk11 piracies and felonies committed on the high seas, and
offenser- againit the lac\ of nations;
11. To declare war, grant letters of marque and reprisal, and make rules concerning
c a p t u r e on land and water;
12. T o raise and support armies; but no appropriation of money to that use shall
he for a longer tcrm than two years;
13. To provide and maintain a navy;
14. To make rule? for t h e government and regulation of the land and naval form;
15. To provide for calling forth the militia to execute the laws of the Confederacy,
suppress insurrections, and repel invasions;
16. To provide for organizing, arming, and disciplining t h e militia, and for governing such part of them as may he employed in the service of the Confederacy, reserving
to t h e States respectively the appointment o f the officers, and the authority of
training the niilitia according to the discipline prescribed by Congress; and
17. To make all la# s which shall be necessary and proper for carrying into execution t h e foregoing powers and all other powers vested by this constitution in this
~ I O isional
\
government.
S ~ c t i 0 77.--1.
~
The iniportation of African negroes from any foreign country other
than t h e sla\ eholding States of the United States, is hereby forbidden; and Congress
is required to pass such laws as shall effectually prevent the sanic.
2. The Congrem shall also have power to prohibit the introduction of slaves from
any State not a member of this Confederacy.
3. The privilcgc of the writ of habeas corpus shall not be suspended unless when
in cams of rebellion or inrasion, the public safety may require it.
4. No bill of attainder or ex poct facto law shall be paused.
5. No preference shall be giwn b y any regulation of commerce or revenue to the
port. of oric Spate over those of another; nor shall vessels bound to or from one State
be obliged to enter, clear, or pay duties in another.
ti. KOmoney shall be drawn from the treasury, but in consequence of appropriations
made by law; and a regular statement and account of t h e receipts and expenditures
of all pnhlic money shall be published from time to time.
7. Congresa ?hall appropriate no money from the treasury unless it be asked for by
the .President or some one of the heads of department, except for the purpose of
paying its own expenses and contingencies.
8. KO title of nobility shall be granted by the Confederacy, and no person holding
any ofice of profit or trust under it shall, without the consent of the Congress, accept
of any preeent, eniolument, office, or title of any kind whatever, from any king,
prince, or foreign State.
9. Congress shall make no law respecting a n establishment of religion or prohibiting t h e free exercise thereof; or abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition the Government for a
redress of grievances.
10. A well-regulated militia being necessary to the security of a free state, the right
of t h e people to keep and bear arms shall not be infringed.
11. No soldier shall, in time of peace, be quartered in any house without the consent of t h e owner; nor i n time of war, but i n a manner to be prescribed by law.
12. The right of the peop!e to be secure in their persons, houses, papem, arid efiects,
against unreasonable searches and seizures, shall not be violated; and no warrants
shall issue but upon probable cause, supported by oath or afirmation, and particularly
describing the place t o be searched, and the peEor,s or things to be seized.
13. KO person shall be held to answer for a capital or otherwise infamous crime,
unless on a presentnient or indictment of a grand jury, except in case8 arising in the
larid or naval forces, or in t h e militia, Tvhen in actual service, in time of war or public
danger, nor shall any person be subject for the same offense t o be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness
against himself; nor be deprived of life, liberty, or property, without due process of
lan ; nor shall private property be taken for public use, without just compensation.
I f . In a11 criminal prosecutions the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime shall
havc bcen committed, which dietrict shall hare been previously ascertained by law,
and to be informed of the nature and cause of the accusation; to be confronted with
the n itnesses against him; to haye compulsory process for obtaining witnesses in hiR
favor; and to have the assistance of counsel for his defense.
15. I n suits a t conimon law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved; and no fact tried.by a jury shall
be otherwise reexamined i n any court of the Confederacy, than according to the rules
of t h e common law.

28

JOURNAL OF TEE

[Yeb. 7, 1861.

16. E x w i v e bnil &nll not be required, nor excessive fillet; imposed, nor cruel and
unusual punishments inflicted.
17. The enumeration i n the constitution of certain rights, shall not be construed to
deny or disparage others retained by the people.
18. The powers not delegated to the Confederacy by the constitution, nor Prohibited by it t o the States, are reserved to the States respectively, or to the people.
19. The judicial power of the Confederacy shall not be construed to exte!ld to any
suit in law or eqmty, commenced or prosecuted against one of the States a* the Confederacy by citizens of another State, or by citizens or subjects of any foreigll State.
section 8 . - ~ No state shall enter into any treaty, alliance, or contederatlon; grant
letters of marque and reprisal; coin monev; emit bills of credit; make anythlllg but
gold and silver coin a tender in payment of debts; pass any bill of attalnder, ex
post facto law, or law impairing the obligatlon of contracts; or grant any tltle of
nobility.
2 . No State shall, without the consent of the Congress, lay any imposts or duties
on imports or exports, except v,ht niay be absolutely necessary for executing its
inspection laws; and the net produce of all dutiev and imposts, laid by ally State on
ixn orb or exporLy, shall be for the u s of the treawry of the Conlederacy, and all
laws shall be subject to the revision and control of the Congress. No State
shall, without the consent of Congress, lay any duty of toniiagC, enter illto axly
agreement or compact with mother State, or with a foreign power, or engage in war,
unless actually invaded, or in soclr inuninent danger as will not admit of delay.

sue%

AIZTICLE 11.

Section l.-l. The exccutive power shall be vested in a President of thc Confederate States of North America. He, together with the Vice-President, shall hold his
office for one year, or until this provisional government shall be superseded by a
permanent government, \I. Iiichsoever shall first happen
2. Tho President and Vice-President shall be elected, by ballot, by the States represented in this Congress, eavh State casting onc votc, and a majority of the whole
beiug requisite for election.
3 . No person except rl. natural-born citizen, or a citizen of one of the States of this
Contederwy at the tiiiie of the adoption of this constitution, shall be eligible to the
office of Presiticnt; urither shall any person be eligible to that officewho shall not have
attained thc age of thirty-fivc ycars and been fourteen years a resident of one of the
Stutea of tliiv Cdedoracy.
4. In cime of the rmioval of the President from office, or of his death, resignation
or inability to discliarge tho pourers and duticy of the said office (which inability
shall be duterniinetl by a voto of tw-thirds of the Congress), the same shall devolve
on the Vice-Prcuidcrit; aiitl the Congress may b y law provide for the case of removal,
dcitth, rcsignation or iiiability both of the President and Vice-president, declariiie
what ufiicw shall then act as President, and sucli ofiicw ~h~111
act accordingly unt8
the dieability he rciiio\eci, o r R 1rcsiclc.nt shiill t w elected.
5. Tho lrwidttnt sliall at h t c d tiniw rewire for his hervices d u r ~ n gthe period of
tho provisiond govrrniiieiit t i c.oiiii)(,i~satiioii
at the late of t\Tenty-five thousand
i,
Ire shall ]lot ieccivc dniiiig that period any other emolument
dollars pur t ~ n n u ~ innd
front thiB ConfcclrrtLcy or nny oi the h t e h tliwcof.
6. Before ho enter on tho csecution of hiri o i t i c ~lit,
, shall take the follolling oath
or iifiirniation.

do solonilily 8wc8.r (or:~ffirin)thnt 1will fdtlifully execute the office of President

of the Confcdcrtilc Stntcq of North Aurcrka, and vvill, to the best of my ability, preBerve, protect, am1 dcfentl thc coiirtitrition thercof.
S t ~ l i 2.--1.
~ i ~ The lrrsidcnt, shall be coii1niiincler in cliicf of the Arlny and Navy of
tho Corlfederacv, iuid of t h e niilitin of the r cv ei ~ lState?, when called illto tile actual
service of the Confederacy ; Iic nisy rqnirc1 tlie opinion, in writing, of tile principal
o f h e r in cwli of the cxcrntive tlepartlricntx,
pcctive ofliccn; itnd he dial1 Iiavc~
iipaitist tho Confedcrwy, cuctkpt ii
11 have J)fJWer,by ?UldI\ it11 the :idV
treaties, provitlcd two-thirds of the Congrcsu c+onrnr;and Ire shall nominate, andbyand
wit11 the advice WII(ItOll@cJltof the (oiigress, slia11:q)point arrlbassadors, other public niilliRtCrs and COllPUIB, jtldges of tho court, and all ot1ic.r offipers of the Confederw, 1%how appointinents ctre not herein otherM is0 prorided for, and which shall be
e h t d d i d w f I)y law. I$nt the Congress may, by law, vest, the a pointment of such
i n f ~ iOlfiCerH
~ r W, they think proper, in the Presidelit alone, in &e courts of law, or
in the lieads of departments.

Fch. 7, 1861 3

PROVISIONAL CONGRESS.

29

3 The President ?hall ha\-e power to fill up all rarancies that may tiappen durof the Congress, by granting commissions which shall expire at the

tion 3.--1. He shall, from time to time, give to the Congress information of the
of t h e Confederacy, and recommend to their consideration such measures as he
judge necessary and expedient; h e may, on extraordinary occasions, convene
ongrebs a t such time iis lie shall think proper; he shall receive ambassadors and
other public ministers; he shall take care that the laws be faithfully executed; and
shall commission all the officers of the Confederac
2. The President, Vice-President and all civil ofkcers of the Confederacy, shall be
removed trom office on conviction by t h e Congress of treason, bribery or other high
crime- and misdemeanors; a vote of tro-thirds shall be necessary tor such conviction.
ARTICLE 111.

Section .i.-I.
The judicial poiver of the Confederacy shall be vested iii one
Supreme Court, and in such iiiferior
s are herein directed or as the Congress
may from time to time ordairi arid es
2. Each State shall constitute a dis
which t h e President shall, by and with
t h e advice arid consent of the Congress, appoint a judge who shall exercise the
power and authority vested by the l a n s of t h e United States, as far as applicable, in
both the district and circuit courts for that State, until othernise provided by the
Congress, and shall appoint the times and places a t which th6 court shall be held.
The jurisdiction of t h e dirtrict and circuit eourts shall he merged in one, and appeals
may be taker1 directly to t h e Suprenie Court under similar regulations to those which
are provided in ( ~ R C oS f appeal to the Supreme Court of the United States. Thecommi-siorw o f all tlic judgeq shall expire 15 ith this provisional government.
3 . T h e supreme court chall be constituted of all the district judges, and shall sit a t
such times and placw as t h e Congress shall appoint.
4. T h e Congress shall have poTver to make lans for the transfer of any causes
which I\ ere pending i n the courts of the United States to t h e courts of the Confederacy; and for the execution of the orders, decrees and judgments heretofore rendered by t h e said courtc of the l'nited States, and also all laws which may be
requisite to protect t h e parties to all such wits, orders, judgments or decrees.
,Secectton 2.--1. The judicial power shall extend to all cases of law and equity, arising
under this constitution, t h e lans of the United States, and of this Confederacy, and
treaties made, or s h i c + ~,ihall be made, under its authority; to a11 cases affecting
ambassadors, other public niinisters and consuls; to all cases of admiralty and
maritime jurisdiction; to controversies to which the Confederacy shall be a arty;
controversies between two or more States; between citizens of different Ztates;
betn een citizens of t h e same State clainiing lands under grants of different States.
2. I n all cases affecting ambassadors, other public ministers and consuls, and
those in which a State shall he a party, the Supreme Court shall have original jurisdiction. I n all the other cases before mentioned, the Supreme Court shall have
appellate jurisdiction, both as to lam and fact, n ith such exceptions, and under such
regulations, a\ the Congress shall make.
3. The trial ot all crimes. except i n cases of impeachiiient, shall be by jury, and
such trial shall be held i n t h e Staten here the paid crimes shall have been committed;
but when not committed within any State, the trial shall be at such place or places
a6 t h e Congress may by lan have directed.
Section S.-l. Treason against this Confederacy shall consist only in levying war
against it, or in adhering to its enemies, giving them aid and comfort. No person
shall be con\ icted of treason unless on the testimony of two witnesses to the same
overt act, or on wnfession in open court.
2. The Congress shall ha\ e power to declare the punishment of trcnson; but no
attainder of tieason shall 11ork corruption of blood, or forfeiture, except during the
life of the person attainted.
4ETICLE IT.

Section I.-L Full faith and credit shall be given in each State to the public acts,
records, and judicial proceedings of every other State. And the Congress may, by
general laws, prescribe the manner in which such acts, records, and proceedings
shall be proved, and the effect thereof.
Section 2.--1. The citizens of each State shall be entitled to all privileges and
immunities of citizens in t h e sewral States.
2. A person chargcd i n auy State n ith treason, felony, or other crime, who shall
flee from justice, and be found in another State, shall, on demand of the executive
authority of the State from which he fled, be delivered up, to be removed to the
State having jurisdiction of the crime.

[Feb. 7, 1861.

JOURNAL OF THE

slave in one State escaping to another shall be delivered 11p on claim of the
o whom said slave may belong, by the executive authority of the State in
such slave shall be found; and in case of any abduction or forcible rescue full
compenwtion, including the value of the slave and all costs and expenses, shall be
made to the party by the State inwhich such abduction or res:ue ghall take place.
&ctian$.-l. The Confederacy shall guaranty to every State !n this Un!on, a republican form of goiTernment, and shall protect each of them agalnst lnvaslon; and, on
application of the legislature, or of the executive (when the legislature can not be
convened), against domestic violence.
ARTICLE V.

1. The Congress by a vote of two-thirds may at any time alter or amend this
constitution.

1. This constitution, and the laws of the Confederacy which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of
the Confederac , shall be the supreme law of the land; and the judges in every State
shall be boundr thereby, anything in the constitutlon or laws of any State to the
contrary notwithstanding.
All sums of money expended by any S b t e before the adoption of this constitution,
in assertin and maintaining its separation from the late United States, are charged
upon this aonfederacy, and shall be aid from its treasury.
The Government hereby institutefPhal1 take immediate steps for the settlement
of all matters between the States forming it, and their other late confederates of the
United 9tates, in relation to the public property and public debt at the time of their
withdrawal from them; these States hereby declaring it to be their wish and earnest
desire to adjust e\-erything pertaining to the common property, cominon liability,
and common obligations of that Union upon the principles of right, justice, equity
and national good faith.
Until otherwise provided by the Congress the city of Montgomery, in the State of
Alabama, shall be the seat of government.
The members of the Congress and all executive and judicial officers of the Confederacy shall be bound by oath or affirmation to support this constitution; but no
religions test shall he required as a qualification to any office or public trust under
this Confederacy.
Other States with institutions similar to ours, acceding to the terms of this provisional government, are invikd to join us, with a view to tho speedy formation of
B perinanent governnicnt for the whole upon the basis of the constitution of the late
United Shtes.

Ni.. Stepliens moved to postpone the consideration of the report

until the saiiie can be printed, and to direct the printing thereof;
which motion he su\)soqui?ntlywithdrew.
Mr. Conrad renewed the motion of Mr. Ste hens.
MY.Halo moved to amend the motion of
Conrad by striking
out all tifter tho word until and adding half past 7 oclock this
evening.
The qnefstionwas on Mr. Hales amendment, and it was carriedYeas 4, nays 2, the States voting as follows:
YO&:Alabt~ia,Florida, Loaisinna, m d Mississippi.
Nay: Georgiw,and South Carolina.
The motion us itinended was then adopted.
The President thon instructod the Secretary to send the report forthwith to the printers of Congrcss; which was done.
Tbe Calendar WAS then cttlled, and there appeared thereon the resolution of Mr. Chi1ton (numbered 1); which by unaniinous consent was
withdmwti.
The President announced to the Congress that he had received a
coituri~tnicntionfrom the inuriicipnl authorities of the city of Atlanta
in wfercnc-c:to the location of the seat of government; which was read
for inforriitttion and laid on the table for the present.

br.

Feb 8, 1861.1

PROVISION AT, CONGRESS.

31

&Ir. Tlalker moved that the Congress do now take a recess until
7.30 oclock this evening; which was lost-Yeas 3, nays 3, the States
voting ad follomd:
Yea: Alabnrna, Louisiana, and South Carolina.
Nay: Florida, Georgia, and Mississippi.
Mr. Hill moved that the Congress do now adjourn; which was
carried.
And the Congress adjourned until 11oclock to-morrow.
FRIDAY, FEBRUARY
8. 1861.
O P E S SESSION.

The Congress met pursuant to adjournment.

Prayer was offered by Rev. Mr. Pellicer.
MY.Alexander 1111. Clayton ap eared as a Delegate from the State of
Mississippi, signed the roll, an took his seat.
Messrs. Thomas Fetrn and David P. Lewis appeared as Delegates
from the State of Alabama, and, having signed the roll, took their
seats.
Mr. Chilton made the following report:

The coniniittee appointed to extend an in\itation to t h e reverend clergy of this

city to open t h e sessions of this Congress a i t h prayer have performed that duty, and
beg leave to report their acceptance of said invitation, as indicated by a communication on their behalf, from t h e Rev. Mr. Petrie to your committee, which accompanies
this report.

The commnnication referred to was reported as follows:

MowiwwsnY, iha., February 6 , 1861.
ions. W.P. CHILTON,J. L. M. CURRY,S.F. HALE,
Commdtee of huthern Congress.
GENTLEXES:Your communication of this date to the clergy of our city, containing
a request or t h e Congress t o open its daily Pession with prayer, has been received by
us, and it gives us pleasure to inform you that we will comply. We will make
arrangements among ourselves for the regular performance of the service.
With high consideration of yourselves personally and with fervent desires to
Almighty God for the body you represent, we are,
GEO. 11. IV. IETHLK,
Your obedient servants,
In Behalf of the Clergy of Montgonmy.

The President laid before the Congrcss a communication; which was

reported as follows:
To the Hon. HOWELL
COBR,
President of the Sotiilcern Congress.
SIR: The libraries of t h e supreme court of t h c State of Alabama and of the State
are under t h c charge of t h e judges of t h e supreme court.
By authority of the judges, I tender to the inembers of the body over which you
preside t h e nee of the libraries and free access to the library rooms.
Very respectfully, your obedient servant,
A. J. WAI,KER,
Chiaf .h,ctiw Supreme Courr.

On motion of 1Clr. Miles, the President was requested to comniunicatc the thanks of the Congress for t h e kind invitation extended to

the body.
Mr. Hill, from the committee to whom ~ t l referred
b
the communication from the general aasembljr of the State of Alabama, inclosing a
copy of pn act to appropriate $500,000 to the cause of Southern inde-

32

JOURNAL O F THE

[Feb. 8, 1861.

pendonee, reported that they had had the same under consideration,
and beg leave to present the resolutions following, and recommend
that they be adopted by the Congress:
(I), Resolved, That this Congress accept the liberal offer Of the general asseIl1blJ of
t h e State of Alabama to place at the dlsposal of this body the sun1 ot five hundred
thousand dollars a8 a loan to the government of the Confederacy now belllg formed.
(2) Resolved, That this Congress place the highest appreciatioil upon this generous,
patriotic) and considerate action of the State of A l a w , and realize in it the zealous
derotion of the people of that State to the cause of Southern independence.

The same, having passed to a third reading, were unanimously

agreed to.
Mr. Hill reported the following resolution :
Resolzed, That a copy of the resolutions of the Congress in relation to the loan of
five hnndred thousand dollars just agreed to be communicated to the Hons. Samuel
F. Rice, F. 8. l,yon, and David IInbbard, committee of the house of representatives
of the general assenlbly of the State of Alabama, with a request that the same be laid
before the general assembly of that State;

which, having passed to :I third rending, was agreed to.

On motion of MI-. Barnwell, the Congress went into secret session;
and after spcndin some time therein, adjourned until tomorrow
morning, 11 ocloc .

SECKET sIcSs1oN.

The aournal of tho secret session of yesterday was read and approved.
Mr. Smith, chairman of a committee, offered the following report:
Whereas tlie eople of the State of North Carolina and tliose of the States iepreseiitetl in this &mgrcsx h s v c a rornniou history, a rominoii sympathy, a common
honor, a i d a coiii1noi1d:uiger; a i d
W h r r c a ~it i,q the opinion and earnest tlesire of this Congress that the State of North
~ t united in govcrninent with theae States: Therefore, be it
Caroliiirt s f ~ o i i l be
ltcsoliwl) Tliat thiH Coiigrc~srcccive ith plruiire tlic c~niniissioncrsfrom t h e State
of N o r t h C~rolin:~,
ant1 hopo to pursuo siicli acourw of action as shall coiiiniend itvclf
to nnd incliico the Stale of North Carolina spcc~lilyto unite in our couiicils and i n
~ i i c hgovcrniiicnt as dial1 be forniwi I,y these States;

which r r p r f , Wits 1iii:iiiiinously i i g r d to; :tiid, on SIX westion of 9lr.

Withers, ix copy of tlic s:iiiio w s ordered l o be furniskd to the cornmiusionars.
Mr. Wither:: ofikroti thc following i - c d u t i o r i :
of this Congress be p1acc.d in a condition
ings with closed doors in a condition of

kiolvetl, Th&tthc hwitl(wl bc, and lie is hcrebv, autlioriaed sncl instructetl to make
proper provision lor ti
ows Iicrvin dcclarcd;

which,
aitrti. thv ti(
y readings, was agreed to.
r l
1h(! urifinislicd hisirless of yesterday, viz, the report of the Committeo of Twc~lvc,W R S theti tdien up.
ThC titlo of tho cotistit,ution proposed being read, Mr. Stephpns
nioved that the word North be stricken out; which motion
agreed to.
bh. Stephens inoved to strike out the fipst line of the preamble, viz,
the WOlch, It1 tho n:uiic of Alrni!$tg God; .vvhi& motion was agreed
to, Lhu vote bcing taken hy Shtes, as follows:
Yea: Alabama, Florida, Georgia, NIississippi, and Louisiana.
Nay: South Carolina.
Mr. Chiltoll m v c d to place at the beginning of the preamble the
lVOr(1s, r n the ntlnle of the Almighty, I&O is the God of the Bible,
and the SOLllCO of a11 rightfill aathority and r&.

PROVISIONAL CONUREBS.

Feh 8, 1861.l

33

Nr. Harrison moved as a substitute therefor the following: Invoking the favor of Almighty God; which mas carried, the vote being
taken by States:
Yea: Florida, Louisiana, Mississippi, and South Carolina.
Nay : Alabama.
The State of Georgia not voting, on account of a division.
Xr. Rhett ~iiovedto strike out the word happen in the last line
of the preamble and insert the word occur; which was carried.
Mr. Cobb niored to amend by striking out the whole of the preamble and inserting i n lieu thereof the following:
The sovereign arid independent States of South Carolina, Georgia, Alabama,
Floi ida, Missiesippi, and Louisiana, having separated themselves from the compact
of Cnion known as the 7-nited States of America, and being dmirous of confederating
for their common clefenhe and mutual welfare; and being pressed by the exigencies
of their present position to form a provinional government in anticipation of a more
permanent union; and looking to the guidance and protection of Slmight God, do
hereby, through their authorized delegates, confederate under the s t y L of The
Republic of Washington, anti agree upon t h e following articles for the constitution of
the pro\ icional government, from the 22d day of February, 1861, or until a permanent ronstitution shall be put in operation, whichsoever shall first occur.

Mr. Smith moved to aniend A h . Cobbs proposition by striking out

all after t h c words prorisional government and inserting to continur until a permanent government shall be put in operation, such
provisional government not to exist beyond one year.
Mr. Cobb accepted the amendment of Mr. Smith.
The vote mas then taken 1)sStates on Air. Cobbs motion as amended;
whicli was lost, the Statcs \voting as follows:
Yea: Alabnnia, Florida, and Louisiana.
Nay : Mississippi and South Carolina.
The State of Georgia being divided.
Mr. Brooke moved that the words beginning the preamble, viz,
Invoking the favor of Almighty God, be transposed so as to make
the preamble read as follom:
We the deputies of t h e sovereign and independent States of South Carqcna,
Georgia, Florida, Blabama, Mississip i, and Louislana, invoklng t h e favor of Almighty
God, d o hereby, in behalf of these &ate<, ordain and establish this constitution for
the provisional government of the same, t o coiitlnue for one year from the inauguration of t h e President, or until a permanent constitution or confederation between t h e
said States shall be put i n operation, whichsoever shall first occur;

which motion was agreed to.

Mr. Harris moved to amend the first article by striking out the first
section and inserting in lieu thereof the following:
All legislative powers heroin delegated shall be vested in a congress, which ahall
consist of a senate and house of representatives. Thesenate shall coneist of two senators from each State. The house of representative8 shall consist of as many members
as are equal to the numbers elected by t h e States parties to this Confederacy at the
last election; and such senators and representatives shall be chosen by the convention9 of the several States.

Mr. Hale moved to amend Mr. Harris motion with the following:
And until t h e senators and representatives are so elected and qualified, all legislative
powers hereby delegated shall be exercised by this Congress.

The question then being taken by States on Mr. Harris motion as

amended, t h e same was lost.
Yea: Florida and Mississippi.
Nay: Alabama, Georgia, Louisiana, and South Carolina.
c

J-VOL

1-04-3

34

JOURNAL OY THE

[ Fcb. 8, 1Y61.

Mr. Walker moved to amend tho first section of the first article by
adding the following:
And the Congress may at any time, by a majority vote, provide for the election and
assembling of a provisional congressconsisting of a senate and house of representatives,
in like manner as the Congress of the United States, in whom shall be vested all
legislative powers herein granted; and in that event may, by a like vote, make s w h
cha~lgesin this constitution as shall be necessary and proper to accompfish that ohk(t,
and to make the same distribution between such senate and house of r$Preaentati\.efi
of the powers hereby vested in this Congress as is done In the Constltutlon of the
United States;

which was lost, the States voting as follows:

Yea: Alabama.
Nay: Florida, Georgia, Louisiana, Misissippi, and South Carolina.
Mr. Withers moved to strike from the first line of thc first section
of the first article the mord (granted and that the word delegated
be inserted; which was agreed to.
Mr. Rhett moved to insert the word expressly between the words
herein tind dclegated in the first section; which was lost.
Mr. Col)lt moved that the word State where it last occurs in
the first clause of the third section of the first article be substituted
by the wosd dclcgatc and that the words beginning and shall be
represented, etc., in thc same clause, andall after them to the end of
the sontencc be striclrcn out; which amendment was lost.
ion was then read; which was t w follows:
Section $.-I. The ineinbcrs of Congress fihall receive a coinpeneation for their
srrviccs, to be avccrtained by law, and paid out of the treasury of the Confederacy.
They sliall i l l ;cll C ~ W H , except treason, felony, and hreach of the peace, be privilrged
from arrest, tlririiig thcir attendance a t the session of the Congress, and in going or
rettirning froiii tht. same; ttiid for any speech or debate they shall not bequestioned
in any other place.
0 1 1 motion of Mr. Memminger, thc s m c was amended by inserting
rtfterthe word going the words t o and.
Mr. Withors moved to amend the samc by addiug the following
paragraph :

No inenrl)cr ol this C ~ I ~ ~ I slinll

C S EbeI appointed ruitier thc: autliority of the Government hereby t~qtn1)lislwitto any civil oflire to be executed under the same, except
only diplomatic agcnrics.

MY.Suritli ~novcdto :unciid tfic alnrndnient by striking out the

words escopl only diplomatic agencies.
O n motion of MI.. M c n i i ~ i i i i g both
~ ~ , oT the atncndments were laid
011 t,ho t$LLblC.
Tho fifth section ~ i i thcn
h
ltikcrr tip ;wd thc first paragraph read as
J.ollows:
&d;Okb
6 . -1. 1:V131Jr hill which shall have psse(1 the Congress shall, before I t
b c c a t i ~I t law bt? presented to tho Prwident of the Confederacy; if he approve, he
shall fii@ it; but if not, l i t . shwll return it, with his objectioltb, to the Congress, vlto
shall cntrr the ohj,jtvtion
large on their journal, and proceed to reconsider it.
3 f, idt(r sn(h rCconsidrra(ion, two-thirds of the Coligress shall agree to pass the
l)ikl, it shall become a I R W . I h t in all sacti cases, the ,rote
be deterrllined
b y S ~ A Band na S, a d t h i x II:UIICH of tlie persony voting for arltl against the bill sh2,11
bc (ntered 011 t$O jOll~Ilai. If any hill shall not returned by the Iresident within
tell clays (fiUndaYS (Xceptd) after it shall have been presented to him, the banle
be a law in like manner a? if he had signed it, unless the Congress by their
djourl1nient prwent i t s return, in wliicli case it s11all not be a law.

On inotion of M r. 8inith7 Ihe miie was amended by adding thereto

the followi~lgwords:
The President may veto any appropriatiotl or appropriations and approve any other
appropriation or appropriations in the saine bill.

Feb. 8, 18Gl.1

35

TROVISIONA L CONGRESS.

The hepond paivagraph of the same xect,ion was then taken up and
read, as folloKs:
2. E w r y order, resolution, or \rote shall be presented to the President, and before
the L-aiiie?hall take effect, shall be approved by him, or being disapproved by him,
<hall iut. repassed by t\i o-thirds of the Congress. according to the rules and limitations
prewriI)e(l i n the case ot a bill.

On iiiotiori of Sh. I-Ialc, thc: samc was anicnded by inserting after

the word vote thc words intending to have the force and effect of
a law.
The sixth seetioii w i h then taken up and the first paragraph was
read, as follows:
Sect~on&-l. The Congress <hall have poijer to lay and collect taxes, duties,
impost6 and excises for reveiiuc nrceqpary to pay the debts and carry on the government of t h e Confederacy; but no tau, duty, impost or excise shall be laid to foster
or promote one branch of industry idtlter than another; nor shall any tax or duty
be laid for revenue on importatiow froni foreign nations, higher than fifteen per cent
on thcir x alilc a t the place of their cxportation, cxcept in time of war; but the Congress ~ i i a ylay any duties on importations froni any loreign natiun, or OII exports of
domeitic products, as i t may deem expedient to iuduce iriendly political relations
mith such nation; and all duties, imposts ant1 excises shall be uniform throughout
the States of the Confederarp.

amended by striking out

On motion of 1\11.. Kenner, the same
all after t h e ~vord.Confederncy where it first occurs to the word
nation where it laht occurs, inclusive; the vote being by States, and
resulting as follom:
Yea: Alabama, Florida, Georgia, Louisiana, arid Xississippi.
South Carolina being divided.
The others bcing read seriatim, tho beventeenth paragraph. which is
Rb followb:
17. To make all lair s which Phall be ncceabaq and proper tor carrying into execution t h e foregoing powcrq and till other powers rested by this constitution in this
proviPiona1 government,

was, on inotion of Blr. Stcphen5, amended by striking out the word

vested and inserting in lieu thereof the wordh expressly delegated
and by striking out the word .in and inserting in lieu thereof the

to.)>
MY.Stephen* moved that wlicn the Congress adjourns it aiijourn until
the hour of 10 oclock :L. m. to-morrow.
The motion prevailed.
c b

Mr. Crawford nioved to adjourn.

Thc motion was lost.
On iiiotioii of Mr. &Rae, the said section
the folloming paragraph:

VBS

ainended hy adding
-

And this Congrrsb shall also exercise executive powers until the President is
inaugurated.

On motion of Mr. Pcrlrins, the Congress took a recess until 7.30

oclock p. in.
7.30 OCLOCK P. 31.
The first paragraph of the seventh section was read, as follows:
The importatlon of Africaii negroes from any foreign country other than the slaveholding States of the IJiiited States, is hereby forbidden; arid Congress is required to
pass such l a m as shall effectually prevent the same.

Mr. Rhett moved to amend the same by striking out all after the

Fch. h,

Isel.]

PROVISIONAL CONGRESS.

r ,

I he second par:qptph of thc

~iiichthving

37

been rend, viz:

resident shall be electcvl, Ity l)nllot, by tlie Stat% lepreI i State casting on( vote, aiicl I majority o f the whole

On motion of MY.Withers, the same was amended by striking out

tho word election and inserting in lieu thereof the words t o elect.
Thc third (;lause of t h e saiiie having been read, viz:
To person, except a natural-born citizen, or a citizen of one of the States of this
Conictieracy at the tiiiie of tlie adoption of this constitution, shall be eligible to the
otfic of President; neither shall any persoii be eligible to that ofice who shall not
ha\ 1 attained thc age of thirtv-five years, and been fourteen years a resident of one
ot tlie States of this Confederacy.
(&

M y . Ilill moved to amend the same by chauging the first three lines
of said clause so as to rend as follows:

S o person, except a natural-born citizen of one of the States of the r n i t e d States,

ant1 a citizeii ok one of the States of this Coniederacy a t the time of the adoption of
thii conctitntion, i h l l be eligible to the office of President.

lhc motion was lost.

Mr. Curry moved to amend the same by striking out the words
and hccn fourteen years R resident of one of the States of this Confrdcracy ; which riiotioii ma5 lost.
Ihti iifth paragraph liaring been read, to N i t :
The President shall a t dated times receive for his services (luring the period of
the. provisional government a coinpewation a t the late of twenty-fi1 e thousand dollars per annuin, a n d hr shall not receii e during that period any other emolument
froin thih Confederacj or any of the States thereof.

Mr. \Tithers moved to amend tlie same by adding thereto the vvvrds

(or any other power.

Thc motion n7as lost.

Tlic sixth paragraph having been read, as follows:

Before he enter on t h e execution of his ofice, he shall take the following oath or
aflii iiiation:
I I do soleninly w e a r ( o r afiirin) that I will faithfully execute tlie olhce of President of the Coiitedciatc State5 of Sorth hnerica, and will, to the bePt ot inp ability,
pieserve, piotevt, and tletciiit the constitotion thereof

On motion o f Mr. Hill, the same wah 2Lmended by striking therefrom

the word Sorth.
The second claiiic of thr first section of the third article was read, RS
follows:
Each State shall constitute a district, in which the President shall, by and with
tile ad\ ice and conqeiit of t h e Congress, appoint a judge who shall exercise the power
and authority vestcd by the laws of the United States, as far as applicable, in both
the diztrict aiid ciicnit courts for that State, until otherwise provided by the Congiess, and shall appoint the times and places a t which the court eliall be held. The
~urisdictionof the tlhtrict andcircuit courts shall be nierped in one, and appeals may
be takan dircctly to the Supreme Court under similar regulations to those which are
providcd i n easeb of appeal to the Supreme Court of the United States. The commis~ionsof all the judges shall expire v i t h this provisional government.

On motion of Mr. \17alker,the same was stricken out and the followi n g inserted in lieu thereof, to wit:
Each State shall constitute a district, in which there shall be a court called a dis-

trict court, which, until otherwiw pie\ ided by the Congress, shall h a \ e the jurisdiction vested by the law8 01 the United States, as far as applicable, in both the district and circuit courtti of the Cnited States for that State; the judge whereot shall
be appointed by the President, by and with the advice and consent of the Congress,
and shall, until otherwise provided by t h e Congress, exercise the power and author-

38

JOURNAL OF THE

[Feb. 5, 1861.

ity vmted by the laws of the United States in the judges of the district and circuit
courts of the United States for that State, and shall appoint the times and ylaccls
at which the courts shall be held. Appeals may be bkenzdirectly from t h e dlstnct
courts to the Supreme Court, under similar regulations to those which are provided
in cases of appeal to the Supreme Court of the United States, or under such other
regulations &8 may be provided by the Congress. The commissions of all t h e judges
sh&l expire with this jprovisional government.

The fourth paragraph of said section having been read, as follows:

The Congress shall have power to make laws for the transfer of any causes which
were pending ill the courts of the United States to the courts of the Confcdcracy ; and
for the execution of the orders, decrees and judgnlents heretofore rendered by the
wid courts of the United States,and also all laws which may be requisite to protect
the parties to all such suits, ordels, judgments or decrees.

On motion of Ah-. Hale, the same was amended by adding thereto

the words their heirs, personal representatives, or assignees.
The first clause of the second section being thcn read, as follows:
The judicial power shall extend to all cases of law and equity, arisillg under this
constitution, thc laws of the IJnitrd States, and of this Confederacy, and treaties illacle,
or which shall he niadc, nndcr its authority; lo all cases affecting ambassadors, other
public ministers and ronsiils; to all cases of adniiralty and maritime jurdiction; to
controversies to which thc Confederacy shall be a party; controvers~esbetween two
or inore Stutes; between citizens oi different States; between citizens of the same
State cliiiining lands under grants of different States.

On inotioii of Mr. Smith, the same was amended by striking out the
word atid, after tho words United States, and inserting in lieu
tliereof the words ZLSfay as applicable, and the laws.
Article fourth, the first section, being in the following words:
Full faith and crtdit shall he give11 in c w l i State to the public acts, iecords, and
judicirbl prorectlingn of wrry other Statc. And the Congress may, by general l a m ,
prescribc tlic nianncr i n whicli h u c h acts, I ecords, and proceedings *hall be proved,
and the cffevt tlicrcof.

Mr. Withcrs iiiovtid to strike out the last word of the same, viz,
thcrcof, atid i n e r t i n licii of t h c sanw the words bofsuch proof;
whicli w w rigreed to.
MI.. Il:bri% 111u~c:d t o a i l i e n t l tha h a i n t ) section by ;Idding the
following:

Tilt' I l l u s oC tho 1JnitcclHtt\tcs i n force ;It thc adoption of this constitution, so far as
a}q)kd)I<>,
ShZlll continue in force a< il ~ ela\tp 01 this Confederacy until altered
repealcvl hy tho Cougrcsn;

wliidi WLS Iwt.

lur. 1I:irris I l l o \ . ~ ~ ( to
l strilir
wortls:

o i 7 t of

the qixth article the following

A l l S l l ~ l R01 lr1oll(y c?rpl~Ild(Y~

by i111yStatc before thc adoption of this constitution,
in tiwrtiiig iUl(l niuinctining its sqaration froill tile late United States, are chargeti
111)011 this UouTcderwy, and shall bc p a l t i froill its treasury;

which was iierocd to.

Mr. Olayt& moved thibt thc following bo a distinct section of the
sixth articltt, vix:
All rightcl acquired or vcntctl under the Constitution of the Unitetl States, or any
act o f Conprw, or a n y treaty paswtl or niade in yursuiince thereof, shall have the
snino forc*ta arid effect as if the latr Union had not becn ctissol\red;

which was lost.

Mr. Miles moved to strike out thc, word national where it occurs
in the sixth article; which was carried.
Mr. Harris moved to strike out the last pzragraph of the sixth
article; which \vab agreed to.,

Mr. Meinminger offered the following amendment to be inserted as

thc. third paragraph of section 5 of article 1:
I-ntil the inauguration of t h e Prebident, a11 billo, orders, 1 esolutions, and votes
adopted b) the Chigress shall be of full force R ithout any approval b y him;

which waz agreed to.

XI.. Chesnut moved to strike out the last section of article 6 , and
to substitute :is followrs: "Congrecjs shall have power to admit other
States;" which ma.; agreed to; and on motion of MY. De Clouet, the .
w d substitulcd section wa5 transposed so as to form paragraph 18
of section 6, article 1.
The Constitution, a> amended. was then ordered to be engrossed for
L: third reading and, having been rracl n third time, m i i h unaniinously
adopted.
,1111.. TV:LIICPY
iiiovccl that the iiijauction of secrecy, so far 5~sthe Con4 t u t i o n n i adoptccl was contwnecd, lic rcmoved; which was agreed to.
111.. Jlei~mingcr~iio-c-cdi h t t h e oath pregcribed by the Constitntioti be ndministcrect to the inem htlrs of this Congress to-moi~owin
ion; which was also agreed to.
M r . Royce mored th:it this Coiigre\s proceed to thc clectioii of 8
l'resident for the Pro\-ihional Govcrnnicnt nt t hc hour of 19 o'clock
L O - I n 0 1'ro \\' .
Xr. Niles moved that the Congress proceed to the election of a
Pi.csidcnt imiiiediately ; which was lost.
l h e qurqtion recurring on Mi*.
lhyce's motion, the snnic wns agreed
to. and it WAS further ngrecd that t h e election of President be conducted
i n $secretsession.
Mr. Walker moved that the Constitution be crirol1c:d on pnrchinent;
which motion prevailed.
Mr. Curry inoved that the election for w President and Vice-Presih i t be conducted iii open session; which w a y loit.
On niotioii of 1\11..i l l i l e b , i ,000 coi2ies of the ("onstitution were
ordered to hc printed for the use of the Coiigrcs-.
On niotioii of Mr. Bhett,
r ,
Lhe Congre\h adjoui.iwd iiiitil 1I o'clocli to-morrow.
,I

SATTTRDAP, FEBRUARY
9, 1561.
OPRS PESRIOR.

Congress met pursuant to adjournment.

An appropriate prayer
offcrcd up hy the Eev. Dr. Basil Manly.
The Cliai 1' nnnouiiced that the first business in order wa:, thc administi~:~lioii
of the oath to the deputies to support the Constitution of the
Yr~ovisioiialG ovcrnnicnt.
Tl'hcreupon, Judge Richard W. Walker, of the suprenic court of
t l i ( ~State of Alabama, administered the oath t o the President iiricl the
1'1*e\ident :dministered the oath to the meiiihen of the Coupress.
'I'hc oath thus taken was as follows:
Yon do solrnirily swear that you TI 111 support the Constitution for thc Provisickak?
Clovernment of the Confederate States ot America, so help you God.
'

A t the suggestion of M r . Memminger, while the oath wiis being

administered all the irienibers stood upon their feet.
On the call of the different States, iNr. Meriiminger presented to
the Congress from the ladies of South Carolina rz model for the flag of

[Feb. 9, 1861.

the Confederate States of America; also another inode1 from a gentleman of the city of Charleston, and accompanied the presentation of
the same with appropriate and explanatory remarks:
Mr. Miles moved the following:
That a committee, consisting of one from each State, be appointed to take into
considemtion the adoption of a flag for the Confederate States of America;

which was agreed to, and the following committee appointed: From *
Alabama, Mr. Shorter; from Florida, Mr. Morton; from Georgia, Mr.
Bartow; from Louisiana, Mr. Sparrow; from Mississippi, Mr. Hmriaon; and from South Carolina, Mr. Miles.
MI*.Stephens offered the following resolution:
Resoftled, That the President proceed to appoint the following shnding committees, to consist of five members each:
A cvrnmittee on foreign affairs;
A committee on finance;
A committee on military and naval affairs;
A committee on the judiciary;
A committee on postal affairs;
A committee on commercial affairs;
A committee on accounts;
A committee on engrossment;
A committee on paten$; and
A committee on printing;

which resolution WRB adopted.

The Con ress then proceeded to the election of a President and a
Vice-Presi ent for the Provisional Government.
Mr. Curry moved that two tellers be appointed to conduct said
election; which was agreed to.
Whereupon, the President appointed Mr. Curry and Mr. Miles as
tellers.
Tho vote being &%kenby States for Pyesident, the Hon. Jefferson
Davis of Mississippi, received all tho votes cast, being 6 , and was
duly declared unanimously elected President of the Provisional Government.
On motion of Mr. l'oon~hs,:L comulittoc of three was appointed to
inform Mr. Llavis of his election.
Whtxeupon, t'he l'rcsidant appointed Mr. Toombs, Mr. Rhett, and
Mr. Morton.
The votc was then tnlrcn by Strttch lor Vice-President, and the Hon.
AIemndtr Hamilton Stephens, of Georgia, received all the votes camst,
being 0, niicl he was d ~ d ydeclared rinanirnously elected Vice-president
of the Provisional Cfowrnment.
M y . Perkins moved that R co~urnittccof three be appointed to inform
Stephens of his alcction; whicli was 2~ reed $0, and the President
"p ointed MY. Perkins, i l r . IInrris, and I&*.' Shorter.
8ongreau then adjourncd till Mondny nest at 11 o'clock.

SF:CBET SESSION.

Congress having gone into secret session,

MY.Rhett moved the following:
Re.volucd, That the injunction of sccret2y upon the proceedings for framing the
Constitution for the Provisional Government is removed, so far as to perlnit the Delefates of any Stab to explain to tlicir own conventions in secret 8eEsions the remons
or their action;

PROTISIONAL CONGRESPI.

Feb. 9, 1861.1

41

which was read the first and second times, engrossed, and read a third
time, and agreed to.
On motion of Mr. Toombs, it was agreed to go into the election of a
President and Vice-President for the Provisional Government.
Mr. Barry moved that the election be conducted with open doors
and that no iiorninatioiis lor. either President or Vice-president be
iiitide; which mas agreed to.
On motion of Mr. BartoTr, it was ordered that only the galleries
be open to the putdic., e x c q t as to those who are privileged to the floor
ions; which M W agreed to.
election of a President and Vice-president, and the Congress
having agaiii gone into secret session,
Tho resolution of Mr. Rhett, which was number 2 on the Calendar,
was then taken up, it bcing i n tho words following:
Resolzed, That a committee consisting of two from each State to be nominated by
the Delegates iron1 t h e States, shall be appointed to take into consideration and report
to this convei~tiona constitution for a permanent government of the States represented
in this conventioii;

which, after receiving three several readings, was adopted.

emniinger offered the following resolution:
That the wniniittce ( m firmwe he instructed to report as soon as possible
airing rereniir f o r tlie support of the Gorcmment;

which was agreed to.

Mr. Harris introduced the following bill:
A bill to bc cntitled

Ait net to contimiie 111 force certain laws of the United States of Amenca.a

Rr it enacted by t l i p Congress of the Confeclrmte S a l e s of America, That [ail] the laws

of t h e United States of America in force and in use [in these Confederate States] on
the first day of Soreniber [last], and not inconsistent with the Constitution, be, and
the same arc Iierchy, continued in forco until repealed or altered by the Congress;

which, after having been read R second time, was ordered to be

cngrosscd for a third reading; and
On the passagc of the bill, the 1-ote being taken by States, there
weye five yeas and one nay, the States voting as follows:
Yea: Alabama: Florida, Georgia, Louisiana, and Mississippi.
Nay : South Carolina.
Mr. Cobb offered the following resolntions.
( I ) Resolzed, That a committee of three be appointed from t h e members of this
Congress, representing the State of Alabama, \Tho shall inquire and report to this
body upon what terms suitable buildings i n t h e city of Montgomery can be procured
for t h e use of the several executive departnierits uf this Confederacy, under the
1501isional Gorernnient.
(2) Resolwd, That t h e same coinxilittee be charged ivith t h e duty of estimating and
rrportlng to Congress the necesrary expenses for fitting and furnishing suvh apartments for t h e official business of s w h departments;

which were, after the necessary readings, agreed to, and Mr. Shorter,
Xlr. Chilton, and Afr. BIcRae were appointed as the committee.
,&Ira Fearn offered the following resolution:
ResoEwed, That a committee consisting of two members from each State be appointed
to draft a n address making k n o n n to t h e world the motives which have constrained
the people of the Confederate States of Ainerica to adopt the courw they have taken
and to declare the motives and objects had i n view i n the establishment of this
Confederacy ;

which was lost.

__

__

__

._

a T h e words in brackets appear in t h e original draft of the bill on file in the War
Department.

42

JOURNAL OF THE

[Feb. 11, 1861.

The committee raised by Mr. Rlietts resolution, viz, on's constitution for a permanent gorcrnliient was then announced: Alabama, Mr.
Walker and Mr. Smith; Florida, Mr. Morton and Mr. Omens;
Georgia, Mr. Toombs and Mr. T. R. R. Cobb; Louisiana, Mr. De
Clouet and Mr. Sparrow; Mississippi, Mr. Clayton and Mr. Harris;
and South Carolina, Mr. Rhett and Mr. Chesnut.
Mr. Miles offeredthe following resolution:
Resolved, That the committee raised to report a plan for a flag for the Confederate
States of America be also instructed to report a device for a great seal of State and
also arms and a motto fnr the Confederacy;

which, after being read the necessary times, mas agreed to, and the
injunction of secrecy thereoii was ordered to be removed.
On motion oE Mr. Wwris, thc injunction of scxrecy was rcmored
from tlie bill which he introduced and w m passed.
On motion of Mr. Rhett, the irijuiiction of secrecy mas removed
from the resolution oflercd hy Mr. Memminger and adopted.
MY.Cobb nioved that the injuiwtion of secrccy be J s o renioved
from thr ~*csolutions
he inti~odrxccd;whicah was agreed to.
Then,
On motion of Mr. Chesnut,
The Congress Rdjo1irnecl until next Monday.

&lohT
DliY, IihD l W ABY 11. 1861.
OPEN SESSION.

Congress met pursuant to adjournnrcnt.

Prayer by tho llev. A. ,J. ILtttlo.
The ,Jotir~iitlof Satnrduy WLS read arid approved.
Mr. Poi-kins, from tho coniiiiittce :ii)pointed to wait on the I-Ion.
Alcxtwder 11. Stephens and notify hiiii o l his c~lectiori:LS Vice-trcsideut
of tho Confei1cr:ttc Stntw of A i n c ~ r i c ~under
:~
thc Constitutioii of the
provisional (;owrnniont, reported t h t t h conlnrittec h:d dischnrged
thiit duty, and tlrwt the Vice-Ircsiclvnt would iwpoiid porsondly in
tho Congrw this thy at 1 oclooli, if it suit the convenience of Congress; which report w:w conciirrcd i n , : i d thc liotii~of 1 oclock p. ni.
rL pointed for hearing the rcsponuc of the lion. Alexander 1. Stephcns,
$ice-PI.esidrttt-elcct.
!
Mr, Cortmd offered the following resolntion:
12e.uolved, That i~ coiiiiiiittec cc)mposed of five iiteitbern be appoiiitcd by the Chair,
whosci duty it shnll be to prcymc aiid rtpoi t a I d 1 providing for the estal,lishlueat
of tlw vxecutivc ctrpartnlent of tho Oo~lfetleracy.

Ihc resolution \vm reild t h m tinies and adopted.

On motion of MY. Stophim, the Congress reconsidered the vote by
which tho rcsolrition for I h c uppointinc>ntof stnnding coiiiiiiittrex was
ILdO tted 0 1 1 Snt1rrday.
d r . S e p h c n s niovcd to amend said resolution by striking out the
words lt coinniittce on iiiilitary :uid n~ival:&tirb ttnd by addil~g
theretoon military affairs, n committee on llarnl &airs, a committee on Territories, n eominittcv 011 piihlic laiids, find a coitimittcc 011 Irldian affairs
R. committee

The tiinendment
adopted.

W:LS

adopted, and the yesolution rts amended mas

Feh. 11,1861.1

43

PROVISIONAL CONGFRESS.

The Chair laid before the Coiigress tl communication from --r-clative to i~ flag for the Confederate States of .Imeric.a: Jvhich was
rcferred to the Select Comrnittce on t h e Fla .
The honr of 1 o'(*lockhaving arrived, the 8hair announced the order
for t h e hour to he I he reception of the response of Mr. Stephens to the
~ommunicationof the cornnittee informing him of his election to the
ofiicc o f Yicc-Prpsident of tlic Provisional (hrernment.
Xr. Stephens then itiid:
-111..I % e d c d I have iictii Iiotifiwl bv a coinmittec ot this body ot niy election to
tile office. of Yic.r-Pre+icwt uiider the"Provi3ionaI (kwernnient established for the
C onfetlt~iatebtatru of ,linerica; the notification is
1 cad:

111

a letter, which I beg leave to

RIOYTGOVEI~Y,
Ar,

I.,

W h u a r y 9,1861.

SIR'The Oongrecs of the Prori.iona1 Go\ ernnient for the Coiifederatc States of
Aniericn I i a ~c this day unanimond\ elected voii to the oEee of Vice-President ot the

late Nates, anti n e h a l e been appointed t.1 communicate the fact, aiitl to
i l l > in\ ite ~ o t iacceptance.
r
I n pcrloiiiiiiig this pleasing dnt!, allow i i i to expresq the hope that you will
ac.cept; ~ i i dwe licq to sugqest that it ~vonltlbe most agreeable to the body we repreeent, as J o i i are a member of the Congress, that you should signify to it, iti person,
)our conirnt to serw the country 111 the high lmitioii to whicli 1on hnvtx been
I~allPtl

been c.xIlet1.

desire that I should in person inakc known

ptance of the high position to which I have

This I now do. I n this august presence, before you, Mr. President, before this
Congrws arid before this large coiicoursc of people under the bright, si
skies i\-lii(:li no\y mile so auspiciously upon us, 1 will take this ( J
return iiiy iiiost profound acknowledgments for this espreseion of contitleiice on the
part oi CongresE.
There are special reasons \vhy 1 place ail uniisually high estiiiiate 011 it. The considerations t h a t induced ine to accept it I need not stiite. Suffice it to say that it
iiiay Itc deeined questionable whether any good citizen can refuse to discharge any
duty that iiiay he assigned hiin 1)y his country in an hour of nretl.
I t inight be expected that I should at this time indulge iii sonie remarks upon t h e
state of our public affair?, t h e dangers that threaten us, and thc inost advisable
nirwures to he adopted to meet pressing exigwicies. Allow me to say, that in the
absence of the distinguished gentleinan who has been called to the chief executive
on such matters. \Be cxpect him
chair I think it liest to forbear to ~ $ 1anything
here in a fev days-by We~lnesdayof this meek a t fart.hest-unless providentially
detained longer. Wheii lie collie:! we will hear from him on all these difficult qtiestions, and 1 doubl not v-e &all cordially and hannoniously poncur in the line of
poliry liis superior wisdom a n d statesmanFhil) shall indicate. In t h e meantime
tliere are matters wc may yery profitably be dircct,ing our attention to. Such 21s
pro\-itling necessary postal arrangeiiicntF, making provision for the transfer of the
custoni-houses frcini the j stliction of the Feparate States to the Confederacy, and
the iiiiposition of such du
as will be necessary to Iiiect present, and expectccl CSIgencies. In the cscrcise
the power to assess duties me are limited to the ol)jects
of revenue. A sinall duty, not exceeding 10 per cent upoil importations, it is believed
i d 1 be sufficient.
d n t l above all, in the interim betw
it1 the arrival and inauguration of the
President, \ye can ho directing our at
the constitution of a Ixrinanent government, stahln and ctnrable, which
he leading objects of our assembling.
I am now ready to take the oath of office.

The. President then administered to Nr. Stephens the oath prescribed

by the Constitution.
On motion of Mr. Bnrnwell, the communication of the committee,
together with Mr. Stephens' response, were ordered to be entered
upon the ;lonrnal.

[Feb. 12, ISGl.

JOURNAL OF THE

Mr. Rhett moved thnt 1% oclock instcad of 11 be the hour of the

meeting of Congress to-morrow; which was agreed to.
And,
On ruotion of Mr. Yerkins,
Cfmgress then accordingly adjourned until 12 oclock to-morrow.
SECRET SESSION.

The Congress having gone into secret session, the Journals of the
secret sessions of Friday and Saturday were read and corrected.
MY. Toombs movcd that the injuilction of secrecy he remored as to
the fact of the appointment of a committee to prepare a perpanent
constitution, and also as to the nnines of the members of sald committee; which motion prcvailed.
Mr. Lewis offered the following us n clause to be inserted in the
permanent constitution for the Confedcratc States of America, when
the same shall I)o framed and :tdoptcd, viz:
In all additional mqes involving a constitutional question the Supreme Court shall
consist, in addition to the district judges, of the chief justices of each State of the
Confederacy, a majority of whoin as well as a majority of the &strict judges, shall be
necessary to a quoruin;

which resolution, after being read the first and second times, w t s
referred to the Committee on Permanent Constitution.
Congress then took :b recess, to rcnsseitible in open session n t 1
oclock p. I n .

TUESDAY, FEBRUARY
12,1861.
OPEN SESSION.

Tho Congress met at 12 ui., pursumt to adjournment.

P u s y ~ rw:ts offered np by Bev. J . $1. Mitchell, of the Protestant
3 iscopril Charch.
%io I onrrd oS yasterdny was read and approved.
T h o Chair aiiiiounccd the following standin committees:
Yo Orpninc the Excculivc Depsrtments--l essrs. Stephens, Conrad,
Boycc, bhortcr, and Hrooke.
( h i Foreign Rfftbirs-Messrs. Ithett, Nishet, Pcrkins, Walker, and
lCeit,t.
On Fiitnncc-Mcssrs. Tooinbs, Barnwell, Kenner, Barry, and Mcltae.
On Commrrcial hfTtiiw--lllcssrs. Memminger, Crawford, De Clouet,
Mol-ton, and Curry.
On the ,JudicitqJ- Messrs. Clayton, Withei.~,Hale, Cobb, and
Harris.
On Nuval Affnirs --Messrs. Conrad, Chesnut, Smith, Wright, and

Owe ns.

On Military Rlf:~irs--Messrs. h r t o w , Miles, Sparrow, Kenan, and

A nderuon.
On Posttd Alhirs -Messrs. Chilton, Boycc, Hill, Harrison, and
Curry.
On Patcnts-Messrs. Brooke, Wilson, Lcwis, Hill, and Kenner.
On Tcrritories-Messrs. Chcsnut, Marshall, Campbell, hisbet. and
Fearn.
On Public Lrtnds7Messrs. Marshal I, Harris, Fearn, Anderson, anct
Wright.

(Peb. 12, 1861.

JOURXAL OF THE
SECRET SESSION.

On motion of Mr. Thomas R. R. Cobb, the Congress, being in OPen

session, at 12.30 oclock p. in. resolved to go into secret session; when
the following action was had:
Nr.Ualker offered the following resolution:
&sol&, That the Committee on Foreign Affairs be instructed t? il?Wire into the
propriety of sending a commission to the Governments of Great Bntam and France
and other European powers.

The resolution was read the second time.

Mr. Withers moved to lay the same on the table; which motion was
lost.
Thc resolution was then read the third time a n d adopted.
Xr. Curry reported a bill to bc entitled An act to admit railroad
iron free of duty; which was read the second time and, on motion of
M r , Curry, referred to the Committee on Finance.
On motion of Mr. Chesnut, 100 co ies of the list of the names of
tho members of the Congress and t ieir respective post-offices were
ordered to be printed for the use of thc Congress.
Mr. Chilton offered the following resolutions:

Resolced by the Coiifed~rat~

Attntps of ilrnerrirn In Irotiuiom~l Congress nssembled, That
comniissioners be appointed by this Congress to t h e XJnited States of America,
to proceed forthw4th to Washington City to represent this Government at, the Government of the 1Jnitcd States.
( 2 ) Rcsol~c~tl
b!y tkc cizilhority cqoresuid, That said commissioners be instructed to
ohtain a recognition by the United States of America of this Confederacy as an indcpc~ndentGovernincnt.

rht: rcsolritiotis

W~N,Y

tho
~

M X ~ I I time
~

alld, on lrlotion of &fr.

I?itherh, relcrled to thc Corrinrittcc 0 1 1 Foreign Affairs.

Nr. Rcnnn offered tht: following rwolution:

k % h ( d , That Fort suintci an(1 all other forts \\ ithin tllc Confederate States of
Aineriru, and d l ~ ] u r ~ l i oconnrcte(1
n~
v it11 them, are within tile jurisdiction and protection Of thi8 ~ S I l g r ~ Y Bwhich
,
\rill take ini~nediateaction for their protection, and

PROVISIONAL CONGBPSS.

Fcb. 13,16Fl.l

47

that tlic respective governinents c of the States represented in this ConyresF be immediately furnished witti a copy of this resolution.

Thc bainc was re:d thc second time.

Mr. Clayton niovcd t o xnictid by striking out all after tlie word
-resolved and inserting in lieu thereof the following, to wit:
That the State of South Cniolina be requested to abstain froiii any liostile attack
upon Fort Gurnter until thti Provisional President of the Confederatr States +liaI1 be
inaugurated, u u l e c ~n n attempt bhould 1x1 made to reenforce the fort b y the (;o\wriinient of tlic Initeti States, in \\hicli event thc mthoritics of South Carolina are
e necessary steps t o prevent it and to attack the fort if

Mr. Chcsnut oE(~i*edthe following

tons

~ I n l ~ l l d n l P r hy
lt

RS an aiiiendmcnt to Mr. Clnyinhstituting in lieu thrrcof, 1%:

ILeaoirtrl, ?hat the power to tleclare aitd crigapc in mar is axpressly and exclusively
d in the second clause

1 to the goveiiiors 01

Mr. I2:trtow hy nnanirnous consent, offered the followiiig i*esolution:

coiiiniinii(

s under its charge the questioii,i and dificultntes of t h i b Confederacy and tlic Government
ipation of the fork, arsenals, nary-yard?, anc?
I i 1 i i e i i t i , and that tlie President of this Congress be directed to
wlntioii to tlir pol ernors of the States.

Xr. Olicwut \\ itliclww hi, anicnclinent.

Xi*.Clayton tlicn withdrcw his amendment.
Xr. Kcnan 11itlidrcw his resohition, accepting i 11 iien thereof tlmt
oflfcretl I)? 3i r. IZai-tow.
T h r qncz;tion being then on the rcsolution of Xr. Bartow, the s m e
v a s r d tl-ici tliird tiinc uiid agreed to.
On iiiotioii of 311.. Conrad tht. injunction of sccrccy wab removed
fro111tlie ;wtioo of tlic. Corigresb i i i agreeing to Jfr. Baxtowb resolution.
Mr. ,IIcltae offered the following resolution:
Ilcxol~( ( 2 , Tliatthe priiicipal Sccrctary be authorized to ciiiploy a n additional assistant a t his own expense;

which resolution, on iiiotioti of Mr. Craw-ford, was I-ciciwd t o the

Committee on Account.;.
Congrebs t,hcn :tcijoariicd until 12 oc~lockt o-tiiowov.

48

JOURNAL OF THE

[Feb. 13, 1861.

Mr. Wright laid before Congress a communication from Mark A.

Goper relative to the establishment of an armory for the Southern
Confederacy, and moved that the same he referred to the Committee
on Finance; which was lost.
Mr, Curry moved t o refer the communication to a select comnlittee
of five; which was lost.
On motion of Mr. Wright the communication was referred to the
Committee on Military Affairs.
On the call of the States, Mr. Conrad off ercd the following resolution:
Resobed, That the Committee on Military Affairs and the Committee on .Naval
Affairs be instructed to include in any.plan they may propose for the or@nlrat1on
of the Army and Navy, suitable provislon for such, officers 0.f the Army and. Navy of
the United States as may have tendered a resignatlon of thelr comrnlsslons In consequence of their adhesion to any or all of the States of this Confederacy;

which, aftcr being read three times, was adopted.

Mr. Crawford laid before Congress a communication from Dr. HenrJT
M. Jeter, the postmaster at Columbus, Ga., relative to postal matters;
which, 011 niotion of Mr. Crawford, was referred to the Committee on
Postal Affairs.
Mr. Memminger offered the following resolution:
KeaoZved, That the Committee on Commercial Affairs be instructed to inquire and
report upon the expediency of repealing the navigation laws of the Confederate
States; and that they have leave to report by bill;

which was read three times and agreed to.

Mr. Brooke offered the following resolution:
Keaolved, That the Committee on the Flag and Seal of the Confederacy be instructed
to adopt and report a flag, a8 similar as possible to the flag of the United States,
making only such changes as may be necessary to distinguish easily the one from
the other, and to adopt the former in the arrangement of its stars and stripes to the
number of Statea in this Confederacy.

After sum0 discussion had thercon, Mr. Rrooke withdrew the same
for the present.
On motion of Mr. Rbett,
Gongress went into secret session; and after some time spent thcrcin,
adjourned until 12 oclock m. to-morrow.
SECRET SESSIOK.

Pursuant to the motion of Mu. Ithett, the Congress went into secret
session; whon the following rocecdinps were h d :
The President stated to t c Congress that, in accordance with the
resolution agreed to yesterday, he hticl telegraphed the governors of
the respective States of t)his Confederacy, that this Government had
taken ~ h o tof ~the qnestions and difticulties (>xisting between the
States Of tfiS (hfedertlcy wid the (fovernmcnt of the United States
relating to tho oCCllptbtion O f thc forts, arsenals, navy-yards, and other
PIlbliC estill~~inillncnt.s,
and that hc liad received a reply from the
govcrllffrof 8o1lCh Carolina; which was reported to the Congress.
011 111otiOil ol bh. Cbbb, the same was ordered to be entered on the
Journal, and is as follows:

i:

h A K L E S T O N , Frhucwy 13, 1861.

IIon. T1om~r.1,
Contj,
P ~ ~ ~ k l qfe nthe
t (ongwsa:
\our dispatch coverillg revolutions of Congress oi Confederate(j States taking
charge of (1UWtio$lSand difficulties llow existing between the several States of this

Fch. 13,18F11

1'ROVlSTONAL

CONGRESS.

49

Confederacy ant! (rovernrnent of the United States relating to the occupancy of

fort', a1 wials, 1 i i i 1 j -yai&, arid other public. rstabliehniente is received.
\Till c o ~ n ~ i i u ~ i ~bcyaletter,
te
I ~ u\~eiiiost
t
respectfully urge that it is dueto us under
all the circuiristaiices to get possesion of Suiiiter at a period not beyond the fourth.
5'. W. PICKENS.

Jlr. Cobb offered the following resolution:

Rtxoltctl,That the Committee on Military Affair.; be instructed to inquire and

relJOlt \\ liat action may be necessary 011 the part of thiq Goi,ernninit, in relation to
tlie otcu1)atiori of Forts Suiiiter and Pickens by the Government of the United
States.

The b::im was read thc first. second, ~ n c Ithird times, and on the
ciuc5tioii of agreeing therclo, the vote \\a\ taken by States, and is as
follows:
I n the ttftirrnatil o: The States o f A1al)aina. Florida, Georgia, and
Mississippi.
In t h c negatirc: The States of Louibiiima and South Carolina.
So tho rcsolution was agreed to.
On motion of Mr. Witheri, t h e Yrcbidcnt of thc Congress was
instructcd to lap before the Yresident, as soon as 1 1 ~is inaugurated,
the communication this day iwtived by him from the governor of
South carol in:^.
Mr. lllickt iiiaclc t k r c follov iiig report:
reign -111~~115,t o \\ lioiii na s referred the resolution recombe w i t to foieign Iiatiow, ieqxxtfully report that they
Ii:1ve hntl tile s a i i i ~iinder (~on~rderation
and rcspectinllp report the following resolution for the adnptioii oi Congresq
f& dr cd, ' I h t :I t o~~iriii-~ioii
c*oiisktiiip of three pel wiis be appointed forthwith by
thr. ('onqres~iii he( 1
11) procwcl \\ ithout delay to (ireat J3ritai11,France,
and ot1ic.i 15uropean
i(1 to act under wcli 1iiLtiuctic)ns a? riiay be given
from tiiiie to time by
ess, or, after his inauguration, b y the President.
The Conitnittee on

1011

The roiolntiort was tslicii up and read the first a n d

M'lxii,
1111. Pcrltiiis inovcd to amend thc mile I)y htriking o u t tho words
" forth\! ith by the congiv,s in secret xe\qioii" xnd inserting in lieu
thclrcd thc following v-ordb. to wit: ah soon a> practicable after his
I W J - ~ by
I ~ the Yresiclcnt," :tnd also b y \triking out the words ''by the
Congrcsb, or, aftcr his inmguration, b y thr l'rr~idcnt,"t d insrrting
in licu thereof the words " h j him;" *hicli inotion prersilcd.
triking o u t : ~ l l after tho word
Air. JTithers inowd to anienct h
f thc following. to wit:
"rehol\ ~ 1 :~nd
" i n ~ ( ~ r t i ni ng lieu th
I '

That it i i tlie v i i of~ Congie.vs that ,c.pr?yntati\ es of lliic Crmlet

11 (JI the Pre>idrrit, to
proceed, as ROOII as poqsihlt, after 1 1 1 ~iiiaupu
~
England and I:, R I I ( and othw I<UI olic'aii 1 ~ ' , to reprewnt thc i u t e
(2

311..JZoycc 11101 c d to :inlerrd 1 h :1111('

~
icnt l)y dding :il'tc
b C i h o r ~pl dr o ( ~ ~ tho
d " \tord\ "hi ~ e c r mission..'
~t
On rnotion of 311.. Mc~n~ninger,
t h p ameodnicntj arid thc, aiuendrncnt
to the aniendinent wew laic1 on the txblc.
Mr. Witliers mowd to lay the resolution wported by the committee
as anieiided on thc tahlc.
The motion was lost.
The resolution w a ~
read thr third tiiric, and agreed to.
MY.Bartow offered t h c following rcabolution:
tar\ .\flairs be iiistrrictetl to report n bill for
liesolvcd, That the Coiiiinil tcse 011
the organization of an x r i n \ , anci n l w to iilqu1re what miStary estahlishmmts have
been made by the several States 01 this Contederacy, and what officers of the Army

.J-VOL

1-04-4

JOURNAL O F THE

[Feb.13, 1861.

of the Unit,& States have been received into their service, and what rank has been
conferred on them, and what rank they held at the date of their resignations;

which resolution was read three several t h e s and agreed toMr. Stephens offered the following resolution:
Resolved, That, each of the standing committees of this body be authorized and
instruckd to h k c into consideration and rcport upon all such matters as legitimately
belong to the objects for which they were appointed;

which was adopted.

Mr. Owens, chairman of the Committee on Accounts, made the
following report:
The Committee on Accounts, to whom was referred the application of the Secretary of Congress asking the aid of an additional clerk to assist In the duties of his
offic~,beg leave to report the following resolution:
Resolved, That t h e Secretary be allowed to employ temporarily, on the terms proposed, the services of some competent person to aid him m the discharge of the duties
of his office;

which revolution was Yead and adopted.

Whereupon Alex. B. Clitherall, of Pickens County, A h . , was
a pointed under said i*esolution and entered upon the diecharge of
t e dnties of his office.
Mr. Shortcr made the following report:

The committee who were directed t o inquire and report upon what terms suitable
buildings in the city of Montgomery car1 be secured for the several executive departments of this Confederacy under the Provisional Government have instructed me to
report
That the citizens of Montgomery, through a cumnittee appointed by them, have
tendered the iiso and occirpation of twenty convenient rooms in a large and commodious building in the city frcc of rhergc, which accommodations they supposed to he
Pufficieiit, for the present purposes of thv Government; but your committee did not
feel anthorized to :wcept thc wopo8ition PO liberally tendered, and, proceeding with
their instructions, alter a c a r e h ex:tniinatiori of the city, ascertained that a large and
c(?minodiousfireproof building on Coinnierce strcet, a portion of which is now occup i d by tho Montgomc?ryTnsurancc Conipany, can bc procured for the use of t h o
Qovornrnc~nt
Tliiri building also coiit:iiiis t ~ scciire
o
stid fireproof vitults and is well located for
amPlc mpplies of water in CILYC (JIfire.
1110 wliolc cstd~lislin~ent,
nilli i t s appurtenances, mu be obtained at a rent of $6,000
for twelve months from this datr.
Tho cominittce were furthrr dirwtetl to nrakc and report to the Congress a11estiinato of the nocesswy cxpeosrs for litting ant1 furnishing such apartments as may be
tetl for the usta of tho (~ovcrniiient;bn! the comuiittw respectfully suggest that
will bo un~cbleto prcwnt a n y batisfactory estimate or report upon these matters
th(. execntive ttc~partrncnkShall ha1 e heen organized, and therefore a& further
to submil their report upon tlik t)rancli of their inutrnctions.
YOIWcmmiittce rcwnrniencl the atloption of the following resolution:
/ k i O h d , That a corninittee O f ttnce I)() appointed by the Chair to corltract \vitkl
tltc owner8 and proprietors of the building referred to i n the foregoing report for
lht rent 01 tlic Pame fol t!WlW ninllths froni this date upall the terms specified in
said roport.
JNO. GxLr, SHORTER, c/LaiTwt(t7L.
wtiich resolution
txkcn up : L I ~ , after being yead three tiilles, TvaS

agreed to.
President appointed the H:LInc committee which reported the
resolution, LO wit,: &h.Shorter, Xr. Chiltoli, and &lr. McRae.
On motion of Mr. 13rool~.
Congress tbdjourncd till 12 oclock to-lllorrow.

Z'ROVISIONAL

CONGRESS.

51

THURSDAY, FEBEUAEY
14, 1861.
OPEX SESSION.

Congress inct piirsuant, to adjournment.

Prayer was offered up by the Rev. Xr. I. T. Tichenor.
The ,Journal of yesterday wab read and approved.
M r . IZoyce presented to Congress two models for a flag, and laid
beforc Congress a communication from Mrs. C. Ladd in relation to a
flag; which were referred to the Select Committee on Flag and Seal.
Mr. Stcphcns prcsented to Congress a flag; which was referred to
the Select Committee 011 Flag and Seal.
Mr.X'alker pTesented two models for a flag; which were also
referred to the appropriate committee.
On the call of the States, Mr. Clayton offered the following resolution:
Resolzed, That the Judiciary Committee be authorized to have such matter printed
as they may desire to lay before Congress;

which, having been read three hcveral times, was adopted.

Mr. Nisbot laid beforc Congrcbs a communication from Elan1 Alexander on patents; which, on inotion of Mr. Nisbet. was referred to
the Goniniittee on Yatents.
Mr. Toombs prcscnted to Congress a model for a flag, accompanied
with a comniunication from tJosepb &I. Shellman; which were referred
to the Select Conimittee on Flag and Seal.
On inotion of Mr. Xeinrninger,
Congress then went into secret sessiou.
Sl!XILET SES8IO;"i.

Congress having gone into secret session,

The .Journal of pcsterday was read and approved.
A h . Shorter. chairman of thc Committee on Engrossment, made the
following report:

COSGRESS,February 14, 1861.

Thc Coininittee on Ehgrownent has examined and found correctly engrossed and
mrolled
Shorter eS Reid printers to the Congress;
A iesolntioii to appoint &I
A resolution i n relation to the occu ation of the fork, arsenals, etc.;
An act to continue in force certain fkvs of the Gnitecl States of America; and
il resolution for ttic appointment of cornmissioners to the European powers.
SHORTER, Cliaimccn.

Mr. Conrad offered the following resolution:

Resokrcl, That, the Committee on Naval Affair3 be authorized to procure the
attendance at the seat of Government of all such persons rerwd in naval affairs as
they may deem advisable to consult in the preparation of their report;

which, after being read three times, TVRS agreed to.

Mr. Cobb offered thc following resolution:
Resolved, That the Secretary of Congress be allon-ed to have engrossed and arranged
in proper form for publication the I'rovisional Constitution for the Government of
the Confederate Stateb of Amcriea, with the autograph signatures of the membew of
Congress, and t h e flag and seal of the Confederacy whenever adopted;

which was agreed to.

52

JOURNAL 0%'THIC

[Peb. 11,1861.

Mr.
chairnlan ol the Committee on Foreign Affair% lmde
the following report:
The Committee on Foreign Affairs, to whom mnc. referred the resolution of the
Dele ate from Georgia, Mr. Nisbet, and the resolutions of the Delegate from Alaha1W
;Mr. 8hilton, touching the matter of sending comniissioners to t h e Government of the
United Sbtes of America, have had the same under consideration and beg leave to
report the following resolution.
Resolved, That it is the sense of this Congress that a commis?ion of three psraons be
appointed by the President-elect, as early as may be coilvenlent after hls Illauguration, and sent to the Government of the united States of America for the Purpose of
negotiating friendly relations between that Government and the Confederate States
of America, and for the settlement of all questions of disagreement between the two
Governments upon just and honorable principles.

R. B. RHETT, C'hairnmz.

which, on motion of Mr. Miles, was ordered to lie over till to-morrow
and be placed upon the Calendar.
Mr. Toombs offered the following resolution:
ltesolred, That the President of Congress he authorized to ernploy a suitable agent
at Wayhington to furnish any documents or information which may he useful to
this h c l y ;

which was read three tiiiies and adopted; and thereupon Mr. President ippointed as such agent Philip Clayton, esq., of eWashington
City.
Mr. Mcmmingcr, of the Corninittee on Commercial Aflairb, to
wllich W:L~ referred tho resolution of Mr. Harris confirming and continning in offico tho officers connected with the customs, made the
folloivitig 1-oport:
Thct Cotnniittw on Coniinercial Affairs, to wliic~hwas referred a resolution confirming and continuing in office the ofhcerv cOonnected 11 it11 the customs, respectfully
mt:
'( h a t t h y have duly cwnsicicretl the same, antl recwmincnd that the resolution be
ado )tetl \t ith a inoililicatioii ntiirh t Irt, c*nrrirnittcereport by m y of amendment.
Tfw cx)niiiiittce think the r i c ~ corgaiiization of a pnvcrnnient affords a proper OCCRsion to rcdnrc tlie expens(. of colkcting tlie ie\enrie, antl in order to reach this
rrsnlt \\ ith as much corisitlcratioii for tire officorh:is posGlilc, tlie couimittce think it
best to rch- it to the Iwad of the trcnsur) tlt'pai tlnent to niake a retlnrtion in the
cspcnsc. of cac*licw&oin-honsc of tit least 26 per ( cant within the next six weekb, a i d
to cotitiuue all tlio officers dnring that peviod.
The plan of the socrctary ctin thcw lakc i L f [ c v t tmd appointnients can be made
nridcr i t s rrovisions.
Many ot tlir otlicws :irv rcvpircd by law l o give l)ond and to take a11 oath to support t l i c > C:onstitritioii Neither tlie foruicr lmitls nor o:iths would :tvail anything
nntlc~rtltc new appointinent, ;in({ it beconies neressary, therefore, to enact a law on
t I i c s u bjrct.
Tliv cmninittec resp
L o i i i r i i c w l that tlrv r-cwlrition referred to then] br
anlc~lltlcdflo as to read
' ( Rcsol/v'tl, That nnt
~ t lthr
, PCYPI'RI oftic-crsroiiriected Xvith the
11 t IIP s c ~ e r ~Rt:&s
tl
of this C'onfetleracy be,
and tlrcy I L ~ Cher,cl)y, cwifirnirtl
inuccl as otliwrs of tlie Government of tile
C'onfrtleratoStates or A tncrica,
. present d a r i c s ant1 emolunients nntil the
firvt day 01 April iiest; and hat thc s e c v t
f the treasury be i11str11ctetl to
report to Congrew a plan to go into efft1c.t at ti1
(1 (late,, wliereby the expenses of
(bolle(htiiqz,the revenue a t each custoiu-house s11
e diiiriiiislied a t
twentv-five
per cent.
2

The I-osolntion 'LVRS t h e n taken up, to wit:

Reeolved, That rintil otherwise
1Ctl. the several officers conllected Jyith t h e
collection of custonw duties m i in
in thr spveral States of this Confedprncy be,
and they arc liereby, cboiilirinetland imtiniicd as officers of the Governmellt of the
Confederate States ot i i m ( ~ r ~ : t .

Nr. Mcinniing:.cr niovetl tlic adophion of thc i~rnenclnieirtreported by

the coninlittee.

F e b l i lnfil]

PRUVISIONAI, CONGRESS.

53

3h. Kenner ~ n o v r dto aincrtrl thc ,tnicnduir~ntby strilting out in the

. : t i i d insrrting in licix thereof the
la& lint. tlit word^ * * t\\*c~nty-fiv(~
word tifty.
The iiiotioti prevailed.
The quwtion thcii recurred 011 the rnotion of Mr. Memminger,
and the s u b d t n t c as reported hy tlic comlnittee mid amended was
agreed to.
Tlie iwolutiori \ \ a s t1it.u r d the third time arid adopted.
Mr. ;\Iciiiiiiiiiger, from the Coriimittec on Commercial Affairs, also
reported
A bill t o continue in oftice the o%cers connected with the collection
of custoiiia in the Chiifcderate States of Anicrica.
The bill htlviug l)clen rmti Lhe first and secoiid tiiiics,
11.11.Siiiitli iriowd to rtriictid thr same by adding the following words
to the first section, to wit:
I , That t l w n~axirnui~i
of coinpensation M hicli each collector shall rcreire from
es sliall not t>xcwtf thc r a t r of A x , tliorisaIii1 dollars prr aminn.

311..
Aleniniingrr inovrd to lay the :uiiendment on the table; which
motion m s lost.
The unicntlinc.nt \ ~ i htlirii agreed to.
lhc \)ill :IS :uiiontltd N read the third t h e arid passed.
Mi..,\It*linc prcsentcd L: lpttcr fro111 (:apt. R. Smrncs, late of the
Vnitcd States Sn\-x::tnd
All*. Sniith pyesentcd :L c.oiiimunication from E:. George; which were
wverrtlly rrfc,ri.td t o tlic Coiiiniittec on &awl Affairs.
MY.ISnrto\;\., from the Committee on Nilitary Affairs, to which was
r c f c i ~ c dtho resolution of Congress instructing said coininittee to
iiiqiiirc and report what action iiiny be nccrssary on the p:irt of this
(;overriincnt i n rcliLtioii to tlic occiipdtion of Forts Yumtc.r :tnd Piclrcnh, rcportcd ilic folio\\ ing resolution:,:
S!Slrr/c,s of ,1 mprictr i n ( i)nqwss nssm2ded, That it is the
iiirnretiiate demand sliould he made npon the Goveriitlie delivery of Forts Stnriter and Iic*keiis.
ofor/ v r i d , That if su
cniand be riot torthwith cornplied u i t h , tlic Irc+itlent be directed to take pos
on of them l)y force of arms,
and he is hereby authorized to inakc all necessary
tsry preparations for m r y i n g
these resolutions into effect.

On riiotioii o f 911..TVallwr. it v a s ordered that the report and the

resolutions lic o w r till to-iiiorrow.
On iiiotion of A h . \Tithers,
adjourrwd till 12 oclo~I<
to-morrow.

OPEX SR88ION.

Congresb met pursuant to adjournment.

Pratycr was ofiercd by the Kcv. A. 11. Pcllicer.
The Joiirniil of yesterday ~ 1 7 ~ :read
~s
arid approved.
iVr. Chilton o f f c i d the following resolution:
Rrsolml, That a colninittee of xix, consisting of one Delegate from each of the
States oi this Confederacy, to be deiigiiatcd by the Delegates of said States respectively, be appointd to act in concert p i t h the roinmittees appointed by the public
authorities of the state,, and of this (*it), to m a k e arrangements for the reception and
inauguration of the Iredrnt-elect of the Confederate States of Americ L;

54

JOURNAL O F THE

[Feb. 15, 1861.

which was read three times and adopted; and in pursuallce thereor,
the following committee mas appointed: From Alabama, Mr. Chiltorl;
from Florida, Mr. Anderson; from Georgia. Mr. Kenan; fro111 Louicima, Mr. Do Clouot; from Mississippi, Mr. Harry; and from South
Carolina, Mr. Rhett.
Mr. Brooke asked for leave of absence for his colleague, Mr. Calnpbell; which was granted.
Mr. Stephens presented to Congress a design for a seal for the Confederacy, together with a conimunication from a citizen of Richmond
County, Ga.; which, on niotion of Mr. Stephens, were referred to the
Select Committee on Flag and Seal.
The Chair laid before Congress a communication from Messrs. Sands
& Edwards, of New York, relative to ships suitable for the naval purposes of the Confederate States of America; which was referred to
the Committee on Naval Affairs.
Mr. Meminingcr ofiered the following resolution:
IienoEd, That each of the stancling committees of Congress is autliorizetl to cause
to be printed any matter 1% hich i t inwy deein requisite for the use of the coininittee;

which was read three times and agreed to.

Mr. Shorter, from thc Committee on Engrossment, iiiade the following report:
The Committee on Engrossment and 1Snrollinent has examined and fouiid correctly eiirolled
A resolutiou accepting the appropriation of $500.000 made by the general asscwbly
of the State of Alabama; also
A resolution to authorize tlie Judiciary Coniruittee to have such matter printed as
they may desire to lay before the Congress.
SHORTER, Cimirniccn.

Mr. Yearn laid before Congress a conimunication from John 13. Brad
relative to rifled cannon and projectiles; which, on motion of Mr.
Fearn, w i ~ reforred
s
to the Corriiriittee on Military h h i r s .
Mr. Bearn mnounccd that Mr. Gregg, one of the Dolegates from the
State of lextis, kind tirrived.
The ordinaiicc of secession of the Statcof TCX:LS
froiii the Union and
Ihecredentials of the Dclogateti from the Statc of TexnS were read; and,
on motion of Mr. Fearn, wcrc referred to a select committee of thrcc.
Tho Chair appointed :is tlmt cornmittee: Mr. Fearn, Mr. Miles, :tnd
Mr. Marshall.
011motion o f MY.Toonhs, Mr. & - e g gwas invited to :I spat 011 the
fioor of Congross while i n o e n wssiori.
Mr. Smith presented to Congrws
P
from a gentlcnlan of Mobile, a
design for the flag of thcl Confedrracy ; which ~ ; 1refprrd
*
to the Select
C:ommittoc on Flag and Seal.
on motion of M u . Iceitt, thc hour of 1 o)clo~l<Mondfly, the 18th
instant, WLS fixed for the inuugnration of tlie Prcsidcnt-elect.
On motion of Mr. lihctt,
Congrcss went into secri ession; and after remaining some, time
therein, ucljoimcd till t;o-nio~row,1%oclook.
HECREI SESSION.

The Congress went into secret session on niotion of Mr. Rhett.

Mr. Shorter, from the Committee on fi:ngpssinerlt, reported as carrectly engrossed and enrolled

Peb.l>,1861.]

PROVISIONAL CONGRESS.

55

An act to continue i n oEcc the officers coiinected with the collection

01 tlic cudonis in thc Confederate States of America;
A rcioliition to continue in oflice the ofiicers of the customs; and
A resolution to appoint tln agcnt at Washington tc furnish documents to the Congress.
On iiiotion of Mi-. Chmford, the injunction of secrecy mas removed
from the bill and resolution relating to the customs; and
011iiiotion of MY. Menimingci., the Secretary n7as directed to ham
tlic stlnic printed arid forwarded to the several customs officers.
The Congress then resunied the consideration of the resolution
reported by A h . Ithctt, from the Coininittee on Foreign Affairs.
MY.Hill niored to aiiicnd the rwolution by striking ont the words
%justand honorable principles and inserting i n lieu thereof the
words upon principlcs of right, justice, equity, and good faith.
The amendment was adopted, id the resolution as arnendtld was
adopted, and is as follows:
Kesolted, That it is t h e sense of this Congress that a commission of three persons
be appointed by the President-elect, as early as inay be convenient after his inauguration, and sent to the Government of the United States of America, for the purpose
of negotiating friciidly relati
at Gorernment and the Confederate
States of America; and for tli
the two G<)\~erJllllcl~t~,
111)011 1

ill qwstionr of tlisapreeineritu between

jurtice, equity, and good faith.

it,

,
llie Congrebz then resunied the consideration of t8he resolutions
i*eportedyeuterday by Mr. LSurtow, from the Committee on Military
Affairs, td wit:
Resolved, That it is t h e bewe o f this Congrws that an iiiiniediate deniand should
be made upon the Gorernment o t thtx Initcd States for the delivery oi Forts Suinter
and Pickens.
(2) K ~ s o h~ d That
,
if such cieniantl be not forthwith complied with, the President
h directed to take possession ot them by force of arms, and he is hereby authorized
to make all necessary iriilitary prepzratioiis tor carr! iiip these rcsolutioncl into effect.

The resolulions wore read the swotid time.

After discussion, the conmiittee, thi.oixgh Mr. Bartow, by leave of
the Congress, substituted in licii of the above resolutions the following:
beme of this Congress that iinniediate steps &odd be
of Forts Sumter and lickens b! the authority of this
Goveriiment, either by negotiation, or forre, iib early as practicable, and the Prcsidciit
is hereby authorized to iiiake all necessary military preparations for carrying this
resolntion into cffect.
I

The siibstitule was adopted, and the resolution as amended vas

un:tnimously agreed to.
X r , Memminger moved that thc injunction of secrecy be so far
removed from the action of the Congress on said resolution as to
authorize the delegations hereiu from South Carolina m d Florida to
cornmimicate the same, by mttil, to the governors of said States, in
confidence.
The motion map lost.
Mr. Shorter, froin the Conimittee on Engrossment, reported as
correctly engrossed usid enrolled
An act foi. thc appointment of commissioners to the Government of
the United States of America; and
A resolution authorizing the Secretary of Congress to arrange for
publication the Provisional Constitution for the Government of the
Confederate States of Anierica, with the autograph signatures of the
members of the Congress.

56

[Feb. 16, 1861

JOURNAL OF THB

Mr, Toombs offered the following resolution;

times and adopted:

\V

hich

Y,2x3

J T : ~

thrco

Resolfpd, That the Srcret Journals of this Imdy shall at all times he open to the
inspection of the President of the Confederate States.

A t 3 oclock p. m.,
On motion of Mr. Stephens,
The Congress adjonrned iint,il to-morrow a t 12 O C ~ O C ~ .

YKlURDhT, FEBRCARY
16, 1861.
O P E N RESSXOS.

The Congress imt at IS in., piirsuaiit to atljournmctlt.

iraycr wns offcbred up by Rev. Dr. Ietric.
Lhe Joiiriixl of ycstcrday wns read and approred.
MY.Ihrtow p s e n t e d fibletter from A uguhtus H. Hansell, of Georgia;
which W:LS rcfci*redto the Coininittee on Patents.

I)esigns for fingq wcro presented 1)sM rs. Bartom, Cohb, De Clouet,
and Men~minger,and were severally re red to the Committee on the
Pla * and Seal.
$r. Hale presented R c.ommunication from John B. Read in relation
to projectiles; which w i s rcfei-red to tho Committee on Military
Affairs.
Mr. Claytoil, frorn the Cointi ec on thc Judiciary, reported a bill in
relation to c:itiz;enship and to 1,
ribc tiniforni rules of natnrdieation;
which W B S rcad twiw, and or(
d on the Calendar of the
Sract Session, :ind LOO cwpics t o
11.11.. ljroolw, from thc Coiniriittee 011 I:itcnts. r~ipo~it.,d
a i~~aIntion
f o r tho rclic.1 of d . M. \VslcIr~n, of Georgia; which was road three
tirrics and rttlopt ed.
&.I1. Conrad prc+xxitcd ti conrnir~~~icatioii
fro111 Kufus DoIl)ear; ~Vliich
\VRS rt?fwJedto tho Conitnit tw on h t c n t s .
And then,
On motion, the (:origre.;\ wont into sc(wt

Feb. I(i,lXtjl.]

PROV IS103 A L CONGRESS.

57

The qucstioiis :nit1 difficulties of Fort Suinter can scarcely be fully appreciated
unless by those \vho hare bceii fainiliar x i t h its progress from the commencement of
ent. T i it shall appear otherlvise, it has nevertheless
r e of this State to obtain the possession of a fort, Tl-hich,
cted its dignity and safety, without a collision which
To secure this end, every form of iiegotiat,ion which
corild bc adopted in consistency with tlie dignity of the State, or had the promive or
seeiiiirig of success, has been lion
ese attempts there has
been but one result; a PO
positive and unqualified, varied only as to
t h e reasons ~vhich\vcrc
Ilu~vedeach demand.
And no\v the c~invic~tio~i
i
t? iiiost calm aiid deliberatc cmi~itl(~ralion
~i t h
it refusal of tile Presi(lent ol the I.iiit,rtl Sjtatcxr ir inv
1 iiiclepentlence of the
State ot South Carolina.
The quwtioii? and tiifficultiw, Iherelo~P, of Fort Suiiiter, ( omprehend nov. as
)oIitical as , d i as iiiilitary. a n b it
iiiiate was made of the former if they
ertablishnient of them, inoreorcr, is
Iic a: iiiil>orlaiit as the latter.
C Y J I ~ , + C X ~ Wto
~ ~ rCr ~c r y State which has united with this State in the

which inrolved it,+ dignity and affected its safety, was, and is, recognized by the
plainest ruleq of piihlic lax.
The denial, therefore,
ipht of the State t o have possession of the fort mas
in fact R denial of its inti
CH.
Kor has there been even a colorable pretext for
a consistency of that po
by the Cnited States with the independence of the
State, since,the Prcsident antlnorized the distinct avowal that i t was held as a military post. l h e sole iise of it as a military post is i n the control, called by the President t h e protection, it gircs to the TJnited States of the harbor of Charleston. The
n. then, as you will perceive, of the rightful independence of the State carries
rily 7%-ith
it the right to rediicr Fort Suniiter into its own possession, lielcl as it
is by a hostile power for an unfriendly purpose. It is a hostile power wlien it asserts
a right to exercise doniiiiion over the State, ivliich t,hat State refuses to recognize as
consistcnt with its own dignity and safety; and its piirpose can not bc otherwise than
unfriendly, \\-henit can only tic to enable the United States to commit to its military
subordinates a power t o refuse t o permit any vessel to pass within range of the
guns \vhich are within its walls.
It has, therefore, been considered at once proper and necessary for this State to
take possession of that fort as soon ay the measures neceesary for the arcoinplishment of t,hat result can be completed. And it is n o x expected that within a short
time all the arraiigerileiitv will be perfected necessary for its certain and speedy
reduction. With tlie completion of these preparations and the aseurance they afford
of success, it has ever been the purpose of t.he authorities of this State to tnke this
fort into the possession of the State. The right to do so has been considered the

58

JOURNAL OF THE

[Beb. 16,1861.

right of the State; and the resources of the State have been considered equal to the
exercise of that right. Whateyer may be the mode sii which the Congress 11ill take
charge of these questions and difficulties, it is considered that 111 tht N)lutipn 01
them you .vvill regar? the position which the State of South Carolina now occug~esin
relation to them. r h a t position is marked by these propositions: That the rigllt to
have possession of the fort is a right incident to the independence tlle State has
amerted; that to obtain pospession of the fort she ha@exhausted all modes x hlch consistently with her dignity can be devised for a peaceful settlement, that the failure of
such attern ts has remitted her to the necessity of employing force to obtain thnt
which shoui?d have been yielded froin considerations of justice and right, ancl that as
soon as her preparations are completed, the reduction of that fort should be accomplislled. In the absenre of any explanation or direction connected wlth t h e telegram
received froin you, I have assumed that the policy and nieasures which have been
adopted by this State, and in prosecution, will be recognized as proper.
I n the consideration of the question of Fort Sumter, I have not been insensible of
those matters which are in their nature consequential, and have, I trust, a eighed
with all the care which befitt: the grave responsibilities of the case, the various circumstances which determine the time when this attack should be made. With tlie
best lights which I could procure in guiding or assisting me, I am perfectly qatisfiecl
that the welfare of the new confederation, ancl the necessities of this State, reqiiire
that Fort Sumtrr diould be reduced before the cloqe of the present Adminiptration a t
Washington. If an attack is delaytd until after the jnauguratioa of the incoming
President of the United States, the troops now gathered in the capital may then be
em jloyed in attempting that, which, previous to that time, they could not be spared
to ho. T h y dare not leave Washington nou to do that which fhm will be a measure too inviting to be resisted. Mr. 1,incoln can not do more for this State than JIr.
Buchanan has done. Mr. Lincoln will not concede what 3Ir. Buchanan has refusetl.
And Mr. Ruchanan has placed his refusal upon grounds which determine his replb
to six States as cwiripletely as to the sanie ileniand if made by a single State. If p e x e
can be secured, it will be by the pronipt use of the occasion when the forces of the
TJnited States are withheld frorn our hiarbor. It war call be averted, it will bv 1)s
ot Fort Hinnter :t fact accomplished during the continuance oi
tration, and leaving to tlic incorning Adininistration the question
on of war. Sncli a clcckration, separated as it J\ ill he fronl a n y
prescnt act of hostilities during Nr. Lincolns Adiriinistratiom, may become to hi ti1 A
niattcr requiring consideration. T11:it cwisideration will not be expected of hini, if
tlie attack on tlit. fort is iri:ide tlrii ing his Aiiininibtr:ttioii, ancl becomes therefore, as
to hiin, itti act of prerrnt Iiovtility. JZr. Bucliariari can nut resist, brcanse he has not
d n may not attavl, because the came of quarrel ill kia\~e
tlcrcd by hini, rzi past. [Jpon this line of policy have I actcd,
ccLto it may
found, I think, the most rational expectation
ich is even now a Hourve of dmger to thc fitate, restored. to the
powession of tlic S h k , without thoso consequences \I hicll I should lliost dceply
do loro Should xncli consequences neverthelcss follow froin an adherence to this
p o h y , ilowcver m u c s t i I would rcgret ttie occurrcnce, I s11onld feci a perfect tssilrimco that, iii liappwing undcr such ckxnistanccs, they deinonstrated conclusively
that undcr t h o evil pa%ionn which blind and mislead those who govern the Unitecl
State#, 1 1 0 h i w a n power could have wrested the attempted overthrow of these Stntcs.
Ancl that in the cxhihition of aii ability hy thc States of the new confederation to
inibintiiin their rights, there could be found satisfaction in the refiection that their
sufferin s at this time miqht purchase for them quiet and happiness in time to come.
~%aw
the honor to ~ w with
,
great respect, your obetlicnt Rervant,
1. W. PICKENS,
Uot ei 7ioF of South CaroIina.

Mr. Perkins oftfered thc following resolution; mliich was referred to

the Conirnittee 011 Foreign Affairs:
.?hOlWd, ??hat the v$?WS~antl purposcs of the Pro.irisiona1 GoTrernment of the Conloderat&\States of Amcrlca in i g a r d to its future political relations with the GovernI l l U I l t Of the Ullited Sttltes of h1Wica may be distinctly understood: Therefore, be it
Ilesolved, That while this Cong~ess will adniit into the Confederacy States wilose
institutions harmonize with those of the Confederate States, it will entertail1 no
proposition for a ~eC~n~trllctiOn
of the Federal Union, and declares the dissolution of
all mlitical connection with the Government of the United States to be ( 6 complete,
perhxt. and perpetual.

PROVISIONAL CONGRESS.

Feb. IF, 1861 ]

59

Mi*.T O O I I Ifroiii
~ J ~the
, Committee on Finance. reported the following
resolution :
lre4lcmt of Congrers instruct t h e collevtors ot the several ports
to entorce the existing rei eiiue la\\ q against all foreign countries,
except the State of Texas.
(>

On motion of Mr. Ioombs, the resolution was laid on the table for
the present.
Mr. Loomhs, from the same coinniittee, reported
A bill to exenipt from duty e c ~ t ~ commodities
in
thereiii named, and
for other purposes;
which was read the first and second times.
Mr. Conrad iiioved that the furlher consideration of the hill be
postponed until Nonday next, and that 100 copies thereof be printed;
which motion was lost.
Mr. Chesimt moved to miend the bill by additional icction as follows:
Sec. 3. And b~ it .further enacted, That the State of Texas be, and is herebv,
exempted from the operation of the tariff l a ~ heretofore
s
passed or adopted by this
Congress.

Mr. Brooke, a t 2 oclock p. in., n i o ~ e dthat Congrezs now adjourn

until ;\Ionday :it 12 in. ; which niotion wab lost.
The questioii 1.ecurrc.d on the adoption of the anieiidineiit offered by
Mr. Chcsnut; which was adopted.
Mr. Conrad inoved to aiiiend tho bill hy additional hection %s follows:
SEC 4. B e I ! f w t h ~ , m n c t ~ d ,That in continuing iii force the lairs of the United
states i i i force declaring duties on importi it was not the intention of Congress to
apply thow lans to iniportations into the Confederacy of good., wares, or nierchandise the product or manufacture of the Cnited States.

The simendriient w i ~ lobt

s
on i~ i-ote by States, the vote being unanimous in the negative.
Mr. Spt~rrowmoved to ninend the hill by additional section, T ~ Z :
SEC.4. Be itfuythey eiiacted, That it \\\.as not the policy of Congress in acloptiiig the
tariff and revenue lan Y of the United Skates that they should apply to articles produced in the States lying upon t h e Xississippi RiF er, and introduced therefrom
diiectly into this Confederacy

Mr. Kcnner moved that the further consideration of the bill and
amendinent be postponed until Monday next; which motion was lost.
The question recurred on the amendment offered by Mr. Sparrow,
and on a rote bx States the same was lost.
Yea: Louisiana, 1.
Nay: Alabama, Florida, Georgia, Mississippi, and South Carolina, 5.
Mr. Curry moved to amend the bill by additional section, as follows:
SEC.4. And be i t further matted, That all railroad iron now entered m any port of
the Confederate States upon which t h e duty has not been paid, or n hich may be
entered within the next six months, shall be adniitted free of duty: Provrded, That
the onner or consignee of wch iron shall make oath that such iron is to be exclusively
used within twelve months from the passage of this act in the construction or repair
of roads within the Confederate States.

Said amendment was lost on a vote by States, to wit:

Yea: Alalmria arid Florida, 2.
Nay : Georgia, Louisiana, Mississippi, and South Carolina, 4.
Mr. Sparrow iiioved to amend the first section of the bill bx inserting in the free list the words b bagging and rope made from hemp, and

all agricultural products.

60

.JOURNAL O F THE

[Feb.16.1861.

Said aniendlnent was lost on n vote by St:Ltes. to wit:

Yea: Louisiana, 1.
Nay: Alabama, Florida, Georgia, Mississippi, and South Carolina, 6.
And then the bill was read the third time a n d passed.
The resolution reported by Mr. Toombs, as above, was taken from
the table, read the third timei and adopted, as follows:
Resolved, That the President of Congress instruct the collectors of the wveral ports
of this Confcderaey to enforce the existing revenue laws against all foreign counitries,
except the State of Texas.

Mr. Memminger, from the Committee on Com111er(aiill .iffairs,

reported
A bill to declare and establish the free navigation of the Mississippi
River;
which was read twice, placed on tho Calendar, and 100 c20picsordered
to be printcd.
Mr. Mernminger, from the same cornniittee, rnade the following
report:
The Colnmittee on Commercial Affairs, to which was referred a resolution of inquiry
as to the expcdieiicy of repealing the navigation laws of the Confederate States,respectftllly report that they have duly considered the same, and are of opinion that t h e said
IRWS ought to be repenlrd, and that tho commerce of the Confederate States shoulti
be opened as far as practicable to the competition of the world. The committee, in
furtht>rancbeof these views, respectfully report herewith
A bill to repeal the navigation laws, arid all disc.riniinatmg duties on ships 01 vessels.

Said bill cvas read twice, placed on the Calendar, and 100 copies
thereof ordered to be printed.
Mr. Fearn, from the select committee to which was referred the
credentials of tho Ilelcgntcs from TCSRY,
reported:
That in the opinion of the cmininittee, it is clesirable and proper that said Delegates
sliould be iinincdiately in\ ited to scats upon the f h o r of this Congress, both i n secret
and open fiewions, anti be requested to pwticipare in its debates and deliberation.,
that thcy havc free act
to the J o n r t i i i l y ol the secret sessions already hcltl, and the
right to at((wl tlic. iiicetings of all staiidiug couiiuittees; that, as the ordinance ok
st~rc,rxinirof Icx:~(low 1101 t:ik(. c.ffcc*t r i i i t i l the 2d (lay of March, the Delegates froill
mid State neither cl:tini iior tfwirr to chxcrc%i. the right to vote prior to that time.

Mr. Beam, on the pnrt of said conlnlittce, reported the following

rcsolution; which W:LS i.cntl three tinics and tdopted:
i<csolvcd, That thc Delcyptw to this (hngress froin the State of Texas be invested
with rill thc. privilvgcs of riicwbersliip her&, csccpt the right to vote.

Mr. Shorter, from thc Couiinittee on Engrossment, reported as correctly ongrosscd anti cnmllcd
A resolution to provide for the printing for the committees of the
Congwss;
A resolution for the prcservation of the records of the Congress;
h rcsolution in int>lationto thc occupation of Forts Sumter arid
P i elten s ;
A wsoliition giving c-ortain pomers to the Committee on Naval
Afftlirs; and
A resolution in r c p r d to the State of North Carolina and the cornniissioncrs froni said State to this Congress.
Mr.Cobb, froin the Conmiittee on Printing, repoi-ted the fo]lowillg
resolutions; which were adopted :
fireoliictl, That the printers selected by Congress, Messrs. Shorter m d Reid, and the
lorwnan i n their printing o&cc, and all journeymen, apprentices, o r laborers
employed i)y them in executing the printing ordered in secret session be required
to appear before the President of the Congress and be sworn to keep secret all such

61

PROVISIONAL CONGRESS.

Beh. 16, 1S6l.J

matters connected with the secret proct3eclings of Congress as shall necessarily pms
through their harids.
Resolved, That the said public printers be instructed and required to provide a
separate and distinct apartment, or room, in which to have executed such printing
for Congress as shall reqnire secrecy on the part of the printers, from which shall be
excluded all persons save such as shall be obligated to secrecy while secret matter
is being printed.

Mr. Sparrow presented a coriiinunication from George C. Morse, of

Louisiana, relating to the establishmelit of an armory; wliidi was
referred to the Coininittee on Military Aflairs.
MY.3lenimingeroEercd the following resolution; which was adopted:
Kesolned, That the Committee on Military Affairs be instructed to inquire and
report as to the expediency of taking immediatc measures for establiuhing a manufactory of powder and an armory, arid that if deemed expedient they report a plan
to Congress.

Mr.Chilton, from the Committee on Postd Affairs, made the following report:
The Committee 011 Postal Affairs, tiaviiig considered of the duties assigned them,
have instructed me to submit the following report, and the bill accompanying the
same:
The comniittec have mainly directed
ir inquiricn to the qucstion wl-hetlier,
,without niattvkl iiicoiiveiiit.iict. to the public, the post-office department of this
Confederacy call h i , 1 1 1 s ~ d ( 3xrll-zwtaiiiirig.
TEie coi1iinittc.e fintl, from t h e latts+t ant1 iiiost reliable inearis of information of
which tliej- have 1)ren a l j k to avail themselves, that t,he excess of espenditurc over
t lic: receipts of thir departinen
the six States composing this Confederacy fur the
fiscal ycar ending 30th Jniie,
9, was $1,660,595.83. They haw not been able to
oikaiii the report of w(:h rocc
ant1 expenditures for the last fiscal year, hut, they
presume the above furnirhrs an approsiniation siifticicntly accurate for the predicate
of our present action.
To provide for this deficit, your cvmrriittee would suggest that the ratcs of postape
iiiay be increawl as proposed by the acx:oiiipanying bill. By this llill they rstiiiiate
an increase oi receipts approximating $5iS,Si-k.X3.
T h ~ believe
y
that, a mring can be effected hy a change in the niodc. of letting out
ni:iil contract^, adopt.itig what is usually called the star bid system, providing all
clne pafepuards for t h e celerity, certainty, and swnrit,y of the mails, but qrithont
other restrictions a8 to the niode of transportation. In this way yonr coiiiniittce
are satisfied that the expense of mail transportation may be reduced, say, :13$ per
cent upon the prei.ent rost-say, $619,033.
They are further of opinion that there shonld be a cliscontinnance of nnmerons
routes the cost of which is greatly dieproportioned to their convenimve and the
receipts of the post-offices supplied by them. I n this way thcy believe a saving of
one-tenth of the present cost of transportation may be attained-sap, $206,344.
The Perrice npon many of the routes inny, without illaterial detriment, he changed,
tlaily routes redncetl to triweekly, etc., at an estimated reduction of, say, 8206,344.
They mould also recommend tht: abolishing of a number of minor post-offices,
which occasion considerable expense without corresponding profit or convenience.
I n this way a sax-ing to the department might he readily secured to the amount of,
say, $50,000.
These suiiis added, sag, by increased receipt,shy reason of liostnge rat.es. - $-578,874.S3
By saving as above indicated total.
_ _ -. _ _ -.. .....- ....- ~..~. 1,081,721.00
~

Total -.- - - - - - ~.- - .- ~.-...- .~. _ _ _ _ _ _ _ _ _ . _

._
1,660,595.83
__.__._Present excess of cxpenditures over rtic
. ___.___
_ _ _ __ _ ___ _ _
_ 1,660.595.83
..__
Your committee are of opinion that s
should be imlnediately taken to procure
postage stamps of t h e denomination oi t v o , five, and twenty cents; that these stninps
will be sufficient to meet the \+antsof the department for the present.
They n o d d further sugpept that iuimediate s t e p phonld be taken for procuring a
cks and keys for the mail hervice, and for post-office blanks, such as are
~

further recommend that all the mail contracts within this ConIederacy
early a day as practicable, and until they are relet, the existing contracts remain of force, this Govermiierit b e c o n k g responsible to such contractor8
from t h e 8th day of February, 1S61.

62

JOURNAL O F THE

[Feb. 18,1861.

Your committee are unable to suggest any plan until furthcr arrangements shall have
been made for the transmission of mail matter to and from other governments. They
believe, however, that until postal treaties can be made, expedien? arlsing from the
necessities of the public will readily suggest themselves which will, in agreat measure,
remedy the inconvenience. The widcspread ramifications of the express companies
would furnish valuable auxiliaries for communication beyoncl th? Cqnfrderacy, the
mail matter bearing the stamps of each Government through whlch I t may pass by
said express.
All which is respectfully submitted.
W. P. CHILTON, Chairman.

Mr. Chilton, from the Committee on Postal =iffair\, ~ c p ~ r t ethe

d
following bill; which was mad twice, placed on the Calendar. and 100
copies thereof ordered to be printed, viz:
A bill to prescribe the rates of postage i n the Confederate States of
America, and for othcr purposes.
Mr. Chilton made the following report:
The committee appointed to arrange for the inaugurat1oii of the President-elect for
the Confedcrnte States of America, beg leave to report that they hare performed
that duty, and, in coriiiection with the other committcw, hare agrtled upon t h e following programme:
1. Music
2. Military escort.
3 . Tho President-elect with Vice antl Chaplain in open caarriagc drawn b y six
horses.
4. Coiigressional Committee on Ceremoiiies of Inauguration.
5. Committee on part of the State of Alabama.
6. Committee on part of the autliorities of the city of Montgomery.
7. Coinmissioners to thi4 Goverrinient from States other than the States of this
Confetleracy
8. Governors of the sevcral Confctlerate States.
9. Judge8 of the supreme courts of the several States ot the Confederacy.
10. Dlinistcrs of the gospel.
The above in carnages.
11. Citixcns gctirrally, in carriages.
12. Citizens generally, on foot.
fhs whole under the command of Gen. 1. P. Watson, marblial of the clay, n ith

the pwstqe of the following rtwlution:

o f ( l i e licsitlent-clect a t the Capitol lic and the
Yice-lrc~sitlenttuid Chaplain shall bc iiiti oclncetl into this body by the Congrewioiial
conuuitke,itlld liwidenlielwt ;md Vice-lresident sliall be seated o n the b t i l n d n it11
xly, and this body, upon niotioii, a t one oclock p. in., shall pro)BrCd for them in front of Ihe Cnpitol, the Prcsident-elect supd left by thr Vice-Prc~si(lrntanct the Iresident of this klody to
t lie ~ t l . t l l dwhni
,
t h e Irusidcnt of this h d y s h ~ le;ill
l tlicCongress to order alld anrio&ice
that t l i r COI~J?I.C~S
has assembled to inaugnratt. ~ n t inst:iIl
l
the President of the Conferlvratv Sttitcv of Aiiieric~a,antl sliall call upon the Chaplain for praycrs, after \\ hich
t lie Ireuiclrnt-t.lcct qhall deliver his insugui al atldrwr, and then take the oath of office
10 l w :itlttiiriixtwetl by the President of the Congre3s. After which the Congress, \rith
t f W IlWid~~Ilt,
H h : l ( l rt~tlirnto this T T d l in the sanie order in which they left it.
id

h I w o h t i o n w:tS then tdwn up, read three times, and adopted.

And tllCI1,
On i i i o t h of Mr. Stephens,
Congress :tdjournc.d i i n ti1 MonduJT, :It 19 111.

MONDAY, FEBRUARY
18, 1861,
0PF.N SE:88ION.

Congress met pursuant lo ad~ourninent.

Prayer was offered up by the ltev. Mr. Shepherd.
The Journal of yesterday [Saturday] was read and approved.

Feh. l?, 1861.1

PROVISIONAL COITORESS.

63

A h . Shorter, from the Committee on Engrossment, made the following report:

The Conimittee on Engrossment and Enrolled Bills have instructed me to report
that they hare carefully exnmincd the enrolled copy of The Oonstitutioll for the
Proviqional Govcrnmcnt of thc Confederate States of America, and that the same
has been correctly a d handsomely enrolled 011 parchment in accordance with the
~ , is now herewith presented complete and ready for the
resolution of the C o n g r e ~and
attestation and signatures of the deputies froin the several States represented in the
Congress a t the date of its adoption.
SHORTER, Chairman.

On motion of Xr. Shorter, the President and the different members

of Congrrss affixed t h & -signatures to the Constitution of the Provisional Government as enrolled, the sanie being signed first by the
Ircsident and then by the deputies froin the several States i n the order
in which they appear in the preamble of the Constitution, to wit:
South Carolina, Georgia, Florida, Alabama, Mississippi, and Louikiana.
Mr. Brooke, f r o m the Comniittee on Patents, reported
A bill to cstablish a patent o 5 c e and to provide for thegranting and
issnance of pztents for new arid useful inventions and improvements;
which was read twice, ordered to be placed on the Calendar of the
Secret Session, and to he printed.
On inotioti of MI-. lcrkins.
Congrevh we n t into sccrct session.
SECILET SESSIOX.

The Congrehs being in secret session,

Ah.. Perkins niovcd to reconsider the vote I Jwhich,
~
on Saturday
last, the Congress pahsed the hill to exempt from duty certain commodities thcrcin named, and for other purposes.
rho motion prcvailcd, and thr vote by which the bill was ordered to
a third iwicling \\-as rcconsidered.
On motion of M r . Pcrltins, and by the unanimous consent of the
Congress, the first srction of the bill \\-as amended by adding thereto
the words -*alsottll agricul tuml products, in their natural state.
The bill ~ v a sthen read the thjrd time and passed.
A t 1 oclocli p. ni. the President-elect of the Confederate States of
Americ:t, escorted by the Vice-President and the Committee of Arrangements, appeared within the l-lall of Congress, and was escorted to the
chair, supported on h i h right I)? the Vice-President and on his left by
the President of the Con&rcbs.
On rriotiori of Mr. Chilton, the (longrcss then repaired, fn company
with thc President-elect, to the front of the Capitol for the purpose of
inaugurating the President.
The President of the Congresb presellted the President-elect to the
Congress.
The Rev. Dr. Basil Manly, as chaplain of the day, offered prayer.
The President-elect then delivered his inaugural address; after
which the oath of office was administered to him by the President of
the Congress.
On motion of Mr. Chilton, the Congress returned to its Hall, accompanied by the President of the Confederate Stattes.
On motion of M r . Chilton, i t was ordered that the inaugural address
of the President be spread upon the Jouriial of this body, and that
5,000 copies thereof be printed for the use of the Congress.
And then,
T h e Congress adjourned.

64

JOUENAL OF THE

[FCb. 19, 1861.

TUESDSY, FEBRUARY
19, 1861.
OPEN RE':8SIOnT.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. M r . l1. Cobbs.
The Journal of yestcrday was read :tnd approved.
Mr. Shorter announced to Congress the arrival of >IT. 'rhonlas x.
Waul, one of the Delegates from the State of Texan. 311.. \\'an1
a peared and took his Reat by yirtue of the resolution previoubly
a opted in relation to the deputies from Texas.
Mr. Shorter, from thc Committee on Engrossment, made the following report:

The Committee on Engrossment beg leave to report that they have examined and
fount1 correctly engrossed and enrolled
A resolution for the relief of J. 3%.Waltlcn, a citizen of Georgia;
A resolntion giving certain powers to the Committee on Saw1 Affairs;
A rckolution for the preyervatiorl of tlie rwor~laof Congress;
A resolution for the enforctm~entof the r(i\ enlie I;tns; mid
An act to exempt from duty certaiu corrlniodities tlioreh I I X ~ I N ~mcl
,
for other
purposes.

Mr. Chilton laid before Corigress a comriiunication; which was

referred, without reading, t o thc Committec~on Permanent Constitution.
Mr. hook(:, froiri the Coniiriittec to Orgnnize the Exccutive Depsrti n ~ r i t s ,rvported
h bill to organize tlic dcpartnienl of state;
which w i s r d two tiiiics, ordt.rd to bc plaocd on thc Calendar of thc
Yecwt Sesioii, :mi to he printttl.
'L'hc i n i I~iird :~ddre>s
of thc 1'rc.sicteu t WI,S re(~:ived,spread upon
the
nrrd is

our&

IROVISIONA L COXGRESS.

Peh. 19,1861.1

65

each for itself. The impartial and enlightened verdict of mankind will rindicate the
rectitude of our conduct, and H e who knows the hearts of men will judge oi the
sincerity with which we labored to preserve the Government of our fathers in its
spirit. The right solemnly proclaimed a t the birth of the States, and which has been
afririned and reaffirmed i n the bills of rights of States subsequently admitted into
the Lnion of 1789, undeniably recognize i n the people t h e power to resume the authority delegated for the purposes of government. Thus the sovereign States here represented proceeded to form this Confederacy, arid it is by abuse of language that their
act has been denominated a revolution. Thry Comed a new alliance, but within each
State its government has reniairied, the rights of person and property have not been
tlisturbed. Tlie agent through whom they communicated with foreign nations is
cha~igetl,liut this does not necessarily interrupt their international relations.
Sustained by the consciousness that the transition from the former TJnion to the
present Confederacy has not proceeded from a disregard on our art of just ohligations, or any failure to perform every constitutional dnty, movef by no interest or
passion to invade the rights of others, anxious to cultirate peace and commerce with
all nations, if we niay not hopc to avoid war, we niay at least expect that posterity
1 in it. Doubly justified by t h e absence of
will acquit us of having needlessly
sion on the part of others, there can be no
wrong on our part, and by wanton
cause to doubt that t h e courage and patriotism of the people of the Confederate States
will be found equal toaiiy measures of defense which honor and security may require.
An agricultural people, whose chief int.erest is the export of a commodity required
in every manufacturing country
r true policy is peace, and the freest trade which
our necessities ~i-illpermit. Tt, i ike our interest, and that of all those to whom we
would sell and from whnni we 11 tl buy, t,hat.there ehoiild be the fewest practicable
restricotions npon tile iiitercliange of comniodities. There can be but, little rivalry
~n ours anil a n y iiianufacturing or navigating community, such as the Northern States of tlitt Aiiierican 1Jnion. It must follow, therefore, that a iiiiitual
rest woultl invite good will and k i d offices. If, however, passion or the lust of
doini~iionshould cloud the judgment or inflame the aiiibit,ion of those States, we
iiiust prepare to meet the eniergenc-yand to niaintain, b y the final arbitrament of the
sword, the position it-1iic.h we have assullied among the nations of the earth. We
have entered upon the career of independence, anti it n7ust be inflexibly piirsued.
Through many years of controversy with our late associates, the Xorthern States,
\v(; have vainly entleat\.oreti to secure tranquillity, and to obtain respect for
the rights to which we \*;ere entitled. As a necessity, not a choice, we have
resorted to the remetip of scqmration; and henceforth our encrgies must be
directed to the conduct of our own affairs, and the perpetuity of the Confederacy
which we have formed. If a just perception of mutual interest shall perniit us
peaceably to pursue our separate political career, niy most earnest desire mill have 1)eeii
fulfilled. But, if this be denied to US, arid tire integrily of oiir territory arid jurisdiction be assailed, it will but reiiiain for us, with firm resolre, to appeal to arms and
invoke the blevvirigs of Providence oil a just cause.
As a consequence of our new condition and with a view to meet ,anticipated wants,
tl efficient organizat>ionof branches
rgc of foreign interconrsc, finance,
may, under nrdinary circumstances,
rely mainly upon their militia, hut it is deenied advisablc, i n the [,resent condition
of affairs, that there should be a wel!-inP
ated and disciplined ariiiy, inore numerous than would usually he r q u i r e d on a 1 *eestablishrnent. 1 also suggest that for
the protection of our harbors and conline
OJI the liigh seas a navy adapted to those
objects will be required. Tlicse necessities h a r e tlouhtlrss en~agetlthe attention of
Congress.
\Yith aChstitntion tiiffwing onlyfrorn that of nur athers in so far a9 it is explanat,ory of thrir well-known intcnt, Ireed froin tlie scctional conflicts which have intrrferetl with the purwit of the ~ C I I C I . R ~wcxlfare. it, i s n u t unrewonable to expect that
Statcas froni ~vhichxvc liavo recc~iitlyparted may seek to unite their fortunes xvitti ours
iiiltler the (;overiinient which we have iristituteil. For thi:i your Constitution riiakes
adequate provision; but, beyond this, if 1mistake iiot the judgment and will of t.he
people, a reunion with the States from \vliich we haT-e separated is neither practica1)lenordePirable. To increase thepower, develop the resources, and pronlote the happiness of a confederacy, i t is requisite t,hat there should be so much of homogeneity
that the TVelfare of every portion shall lie the aim of the whole. \Vliere this does not
exist, antagoiiisms are engendered which must and should result in separation.

J-VOL

1-04-6

66

JOIJRNAL OF THE

[Frb. 19, 1861.

Actuated solely by the desire to preserve our o\vn riglrts and promote our ?lvn wclfare, the separation of the Confederate Btntcs has been inarked by n o aggression upon
others and followed by no domestic convulsion. Our industrial pursu~tshave recelvetl
no check. The cultivation of our fields has progrested as heretofore, :nid evrn should
we be involved in war there would be no considerable diminution 111 the production
of the stnplwwhich have constituted our exports antl in which the commercial world
has an interest scarcely less than our own This colnmon interest of the producer
and consunier can only be interrupted by an exterior force n hlc.11 d ~ o u l dobstruct its
transmissioii to foreign markets-a course of conduct which n ould he as unjust to\\ art1
us as it would be detrimental to inannfarturing and coiinnercial interests abroad.
Should reasm guide the action of the Govcrnment from I\ hich ~e II:LYC separated, a
policy so tletriniental to the civilized n-orld, the Northern States inc810tlcstl,could not
he dictated by even the strongest desire to inflict injury upqn US; but utlic,rv. iw a terrible responsibility will rest upon it, and the suffering of inillions will bear t~stiinony
to t h e folly and wickediiess of our aggrcssors. In the nieantinie there \\ill iemain
to us, besides the ordinary means before suggested, the well-known resources for retaliation upon the commerce of an enemy.
Experience in public stations, of subordinate grade to this which your kii?dness has
conferred, has taught me that care antl toil and tlisappointlllent are the price of ofirial elevation. You Rill see many errors to forgive, inariy cleficlencles to tolerate,
but you shall not find in ine eithcr a v a n t of Teal or fidelity to the cause that is to
me highest in hopcx and of most rndnring affecticin. Yonr penerobity has bestowed
upon ine an undeserved distinction, one which 1 neit1rc.r wngfit nor desired. Cpon
the continuance of that sentiment and upon your wiscloni antl patriotisru I rely to
direct and su port me i n the performance of the duty required at niy hands.
We have ciange(l the constituent paits, ]Jut riot tlie system of our ~ oeinment.
t
The Constitution formed by our fathers i b tliat of these Confederate States, in their
exposition of it, and in the judicial conutrnction it has receiiwd, \\ e have a light
which reveals its true ineaiiing.
Thus instructed as to the just interpretation of the instrunrcnt, and ever remembering that all offices arc but trusts heltl for tlie people, and that delegated poncis
are to be strictly constructl, 14 ill hope, by due tliligence in the performance of m y
duties, though I niay disappoint your expectations, yet to retain, when retiling,
soinething of the good will and confidence \vhicli welcome niy entrance into office.
, in the triitfst of pcrilous tinice, to look around upon a people united in
one purpow of high resolve animateq and actuates the whole-where
to be inatlr arc not ~ e i g h e din the balance against honor a n d right and
p t l i t y Obitarlr~smay retard, they can not long prevent the progrecs
of s movcrnent Riillctifid by it? justice, and sustained 1)y R virtuow people. Revelexltly let IIR invoke the (iotl ot our fathers to gnide and protect i w in our efforts to
perpetnatts thtr principles which, by I Iis khsing, they mere able to 1 indicate, establish and trmsnrit to thcir posterity, and n i t h a continuance of His favor, ever gratefully acknowledgect, we niay hopefully look forward to success, to peace, and to
prosperity.

On uiotion of Mr. Nisbct,

Congress wcntj into secret scshion; :LIIC{ :Lftcr fipen.ling sonic time
tlicrcin, ndjoui*ncct till 12 oclock to-inorrow.

Fel, 19, 1661

PROVISIONAL CONGRESS.

67

which T Y ~ Src.:~dthc first and srwmd titnes, placed 011 the Calendar of
the Secret Session, X J X ~ortlcrcd to be printed.
The hill to organize thc department of state, reported by Mr.
13rooke, fi-onr tho Coininittee to 0rg:mize the Executive Departments,
ion, \vas placed on the Calendar of the Secret
on this ctay in optn
Seshion and o r d c i ~ to
l lw printed.
The Congres5 then resumed the coiisidcration of the bill in relation
to cikizeriship and to prescribe miiforin rules of naturalization.
And, after home ctiscuision had theimn,
0 1 1 motion of Mr. Stephens, thc further consideration of the bill
was postponed for tkic prescnt, retaining its place on the Calendar.
Mr. Bartow, from thc Comrnittec on Military Affairs, reported
A hill to provide munitions of war, and f o r other purposes;
which was read t h r w tiniei mid passed.
Congress resumed the consideration of the bill to declare and establish the free navigation of the Mississippi Biver.
Mr. Cobb moved t o arriencl the first clause of the first section by
striking out the words or of the President; which motion was lost.
On motion of Mr. Conrad, the first clause of the first section was
amended by striking out the words 1 ) ~ authority of Congress and
inserting in l i ~ nt h r m w i the words by bw.
Ihc second section having I)een read, as follows:
2. All d i i )s, tmats, o
w1iic.h inay enter the waters of the said rirer, witriin
froni a n y port or place beyond the said limits, may
tlie limits o! tliis (onf
freely pass with her CR
1v otlier port 01 place beyond the limits of this Confederacy \\ ithout a n j duty or Iiindranw, except light money, pilotage, and other
like charges: P ~ o t i r J ~That
d,
I\ I i r n e ~ e r$uch ship, boat, or ~essel
Bhall have on board
any manufactured goods, n a m , or nirrchandiee, consigned to any pwt or place
beyond the limits of tlie Confederate States, and the said ship), hoat, or ~esselhall
reach a port of entry M it1ii:i this Conictleracy, tlic iiia6ter7 agent, or conPignee of

delivered, tlie said bond &hallbe forfeited, and the said goods, wares, and inerchandise shall be liable to be seized and condeniiietl as forfeited to the useof the Confederate States.

On niotion of Mr. Memmingcr, the s m e was amended by adding

aftcr tlic woidr goods, \ V R ~ C S . or merc.liandise, where they tirst
occur, the \fords .suhjeot to the pajnient of duties hy the laws of the
Confcclcmte S l ~ t e s . and l)y striking out the word a in the words
shall reach a port of entry within this Confederacy and inserting
in lieu thereof the words the first, :mcl lip inserting after and
shall give bond the words i n ii win c q d to the aniount of the
duties ixpon the said n~crchandi.;c, and by adding after tlie words
approved bx thc collcttur the words with condition, and by
striking out in the same the words sold, dclirered, or disposed of
m d inscrting in lieu thereof thc mord * l a n d ~ t . ~
hiid was alw amended, on tlic motion of 3Ir. Meniniingcr, by inserting- after the ords of t h e Confcdcratc Stntcb the words tinless
the entry thereof shall l x f j r d 111:ide and the duties thcreon t)e paid or
secured according to law..
Mr. Memmingei. njowd further to :mend mid section hy inserting
after the words a ; d ~ h n l lgive bond the words in Kew Orleans.
Arid ,ending the discusion thereon.
The bongress adjourned until 12 oclock to-morrow.

68

JOURNAL 0%THE

[Feb. 20, 1861.

WEDNESDAY, FEBRUARY
20, 1861.
OPEN SESSIOn.

Congress met pursuant to adjournnicnt.

Prayer was oRered by the Rev. Mr. Heard.
Mr. Wright laid hefore Congress a cominunication from Mark A.
Cooper relative to the manufacture of twins; which was read and
referred to the Committee on Military Aflairs.
Mr. Stephens, from the Committee to Organize the Executive Departments, reported
A bill to be entitled An act to authorize the Yresident to appoint a
private sccrebry ;
which was read three times and passed.
On motion of Mr. Stephens,
Congress went into secret session; mcl after rciiiaining some time
therein, adjourned till 1 2 oclock to-morrow.

PBOVISIONAL CON(;;RESS.

Eeb 20, lhril ]

69

np the blank in the tenth section, requiring the treasurer to give bond,
to be t~ppro\cdby thc sevrctary of the treasurj anti coniptroller, with
the word4 onc hu~idredand fifty thousand dollars.
The bill wit^ then engrossed, read n third time, and passed.
Mr. Shorter, from the Committee on Engrossnient, reported as
corr*cctlycngiwsed and crirolled
,
I
hill to authorize tlic President to appoint R private secretary.
then took up aucl coniidcred
A [)ill t o I)c entitled .An : i d to c.;tablish the war department.
Air. lIo\rt~llCobb inovcd to htrike out from the recoud section
thciw)f, where they first occur, the words and navy: also to strilie
from the same section the words m d naval forces; which was
q r e e d to.
01,motion of A&.. Conmd. the mord land in the second section
w:tq \tricken out arid I h e word army * insertccl in lieu thereof.
Tlic bill as ttiiiended w:i\ read the tliircl time a r i d pahsed.
The second srction of the bill as ailiended and passed is as followb:
SEC.2. I+ ct further enacted, That said secretary shall, wider the direction and
control of the President, Iiaxe charge of all niatters and things coiinectetl with the
Army, mid with the Indian tribes mithin the liiiiitc 01 the Confederacy, and shall
i n gthc Akriiiy,an(! to <aid Indian tribes, as niay
perform such duties a i ~ p e ~ t a i r ~ to
irorn t i r i t e to tiruc:
:iauigned to him by the Presidelit
1 x 5

then took up for consideration

A bill to establish the post-office department.
On motion of Mr. Perkins, the same was amended so as to read as
ollo.vrs:
T?Le Coizyrcss ofthe Confcdernte Sfntrsof America do enact, That there shall be a n executive dcpartment, to be denoniiii
the post-office department, and there shall be
lled the poitinaster-~eneral,who shall perform
a principal offirer therein, to 1)
puch duties in relation to pod-offices arid post-rods as shall be enloined on him by
the President of the Confederate States, agreeably to the Constitiition and the laws
of t h e land, who sliall bc paid an annual salaiy to be fixed by la\\, and have power
to appoiiit chief clerk and such inferior clerks as iiiay be found riecessary, a7110
dial1 receive siich compeiisation as iiiay be fixed by lam.

On motion of Mr. Withers, the word roads was stricken out and
the word routes itlfjcrted in lieu thereat'.
The bill as amended was read the third time and passed.
The following was received from thc Yiwident, riz:
ill,. Z/.ewlent: The Irrsident has approved and signed the following acts which

, his Private Secretary.

CLITHERALL,
Secretary p r o trmpore.

On motion of Mr. Barnwell, the regular order of the day was poet3oned for the tiinc; when hc reported
A bill to determine the salaries of the Vice-President and of the
heads of departments; which mas rcttd the tirst and second times,
rnurossed, and read a third time, ;md passed.
&xqrebs then took up for consideration
A hill to repeal the navigation laws and all discriminating duties on
..hips or vwscls.
Mr. Memmingcv moved to amend the sanic by striking out of the
third section the ~orcl.ij,where they first occur, tonnage and of

70

JOURNAL O F THE

[Fcb. 21,1861.

fifty cents per ton, together with the additional amounts, and d s o to
strike out the word f i f t ~ 7 , where it next occurs, and inserting in lieu
thereof the word twenty.
Pending the discussionon which motion, Mr. Bartom moved t o postpone the further consideration of the bill f o r the present; whlcli was
:dopted, and the bill retains its place on the Calendar.
rhe injunction of secrecy was ordered to be removed from the acts:
organizing the executive departments.
On motion of Mr. 13artow, it was ordered that it be left in the discretion of the IrreSident as to whcthev the injunction of secrecy should
bo renioved from the whole or any portion of the bill to provide
munitions of war, and fur olher purpom.
Mr. Harris offered the following resolution, viz:
Resokyed, That the President of Coiigrcss be authorized to direct for the time being
the publication of all the public laws of Congress of general nature, heretofore
ciiacted, in one newspaper of each of the Confcderate States;

which was read three times and agreed to.

Mr. Chilton offcred the following resolution:
Resohcd, That the Coniinitter on Military Affairs be instructed to inquire into t h e
expediency oC appointing at tile earliest practicable period a conipetent officer to proceed to the State of Texas to receive and accept the services of such volunteers as
inay be desirous of entering the Arruy of this Confederacy in said State; also into tho
propriety of conferring rank and pay upon all officers and privates now in the service
ul thc TJnited States within the State of Texas who may resign and join t h e Army
of this Confederacy, and the time when such pay sh& coininelice.

Tlzc resolution was read three times and adopted.

Mr. Chilton also offorcd the following resolution:
Resoloetl, That the Committee on lnclian Affairs be directed to inquire into the
cxpedicncy, and report by bill or otherwise, for opening negotiations nit11 the Indian
1ril)c.s of t h e \Vest in relation to all matters conwrniilg the mutual welfare of said
tribes aiid of thc people of t h e ~ cConfederate States;

which TWLH rc:d thrco times and :xioptoil.

On motion o f Mr. MiIcs. the Coniiiiittee on Flag and Sen1 of the
Confedrracy ~ r (uuthorized

to emplo a draftsinan.
MY.Co11rad, froni thc Coniinittec to rganize the Euecutive Departinon ts, rcportcit
A I d 1 to establish the i n v p departmcnt;
wlnidi was r o d tho firit :wd second tiiiics ;uid engrossed, and read the

that w h c 1 n Cot igr :djourn it :rdjourn until 11

OClOCk tO-l3kOrlOW.
Tlzo niotion rvas lost.
On iriotion of M i . . JVithcrs,
C o n g ~ c adjourned
~s
until 1%o(.lock to-ri1orrow.

Congress mot pursunnt8to adjournment.

Tho Journ:\l of yesterday was rcad and approved.
Mr. Chilton laid boforc Congress two communications from William
1. Thrker; which, on motion of Mr. Chiltoii, were referred one to the
Committee on RSilitnwy Affairs aiid the other to the Committee o n

Paten&.

Feh 21 Ih61 1

IROTISIONBL CONGRESS.

71

Sir. Fcarn pi-ehentcd to Congress a paper on the fi~ibject

of an armory
frorii Saniucl 1. 1,. M~rsliall;11hich was referred to the Cormnittee on
Military AHairi.
Mr. Cohb offered the following resolution:
A rcwlntiori 01 i n q r n r ~is to nri export d u t y on cotton

Xesoh etl, That tlie Coininittec 011 Firiai e bc instructed t o iriquile into the expediency of Inyirig a n export t l n t t o i i 2111 ra cotton which may be exported from the
(onfrderate btates to aiiy forcligii c.ouiitt y l)y any othcr channel than through the
seaports 01 this Corilederdq,

which was read three tiiries and adopted.

Mr. Shorter, chairrriin of the Comniitt oil I1:ngrorment, reported
a h correctly engroshed arid enrolled
A n act t o rstablish the treasury department;
Ail act t o organize the del)artriicnt of state;
An act to cstahlisli the navj dcpartnient;
At1 act to establish the war depnrtment;
An act to eitablirh thc post-o&ce department;
An act to organize and establish an exwntive department to he known
as the dep:irtn;cnt of jii>ticc; mrd
l i n act to tlctci*lriitic~
the ~ahirie-of the Vice-Preyidcnt and of the
heaclc; of tlr~prtinc~iiti.
On ntotion of Mi.. Harris,
cssion; and sftcr 1-emaining some time
Congrcs~rvciit into w c r
therein, adjourned till 12 oclock to-morrow.

Congrcss hiving gone into sewct s

I?hcJournal of yesterday was read
Congress i*esuinrdthe considerntion of
A bill to be entitled An act to prescribe the rates of ostn e in the
Confederate States of hnierica, and for other purposes. R g
Mr.Crawford moved to strike froin the first section the following
words, to wit: not exceeding three hundred miles and further to
strike o u t the words :md for any distance exceeding three hundred
miles, double that rate; which was lost.
A1 1. WRII~,
the word three, where it occurs in the
stricken out and the word five inserted in lieu
thereof.
RIr. Crawford inovcd to strike out the following words, they being
the last sentelice of tlie secoiid section, to wit:
The piibliqlierb of neu P ~ M ~ Y I or
F periodicals riiay send to each other, from their
respecti1 e oficeq of pnblication, free of potage, one copy of each publication;

which was lost, the States voting as follows:

Yea: Florida, Xib4wippiqniid South Carolina, 3.
Nay: Aiabamn, Georgia, and Loui\iana, 3.
On inotion of Nr. Chilton, the following was adopted as the beginning of the first section, via:
The Congress of the ( b n f e d e w f e States o j Americu do eiiact, That from and after such
period as shall IJeaniionnred by the prorlaniatior1 of the Postmaster-General there
shall he charged the follorvinp rates cf postage, to wit:

72

JOURNAL O F THE

[FCb. 21, 1861.

1%~.
Cobb moved to anlend the bill by adding the folloJr7irlgas ad&tional sections, to wit:
mail ln,atter
itfzLrther enacted, That every deputy postniastcr at whose ofice
is delivered from ally contractor, or other officer, O r agent, In the Postal b(rme of
t h e Urrited States of America, which matter shall hale upon it the postage stalnps of
the said UIlited States, shall forward the said matter by due Course of mail, wlthollt
prepayment of postage, to this Confederacy. h d all deputy pustrllasters ill the Omfederate States to w11ube office auch mail matter shall come, shall collect 011 all swh
~natter,before delivery, the postage d u e thereon under the rates established b y this act.
And be it~furtherenaded, That it dial1 be the duty of a11 the deputy post111atcrs
appointed. under this Confederacy to deliver any inail rnatlar directed to ofices itliout the territorial limits of this Confederacy arid within the United Statrh to any con,nited Slates.
tractor, or other officer, or agent, in tire postal service of the said IT

Pending discussion thereon,

The following communication mas received from the President:
Mr. PTPrcsidenf: The President has approved and signed on this day the following
bills which passed the Congress:
A bill to establish the War Department;
A bill to t-+tablish the Navy Department;
A bill to establish the Iost-OAic~eJ>epartnient;
A hill to organize and establish an Executive Department to be known as the
Departmcnt of Justice;
A bill t o determine the salaries of the Vice-president and of the heads of Departments;
A bill to establish thc Department of State, and
A hill to organize the Treasury Department.
ROBERT JOSSELYN,
tr 8ecretciry.
FEI~WA
21,R1861.
Y

On niotion of Mr. Stephens, Congress went into executive session;

and after spending some time therein, resumed the consideration of
business in secret session.
MY. I h l e iiiovctl to amend the amendment offered by Mr. Cobb by
snbstitnting for Mr. Cobhs anicndment the following:
lostiiia8ter-~encralof the Confederate States be, anti
all nrceuszmy :trrangcincntn for the translllission of
this and other gcnwninents, subject to the approval
cntiefi can be effected;

which W i i S sg~et:dto, the vote thereon being taken by Statcs with the
iollow ing row 1t :
Yea: hlal)a~iia,Ploridth, Louisism, Mississippi, and South Carolina, 3 .
n recurred on the adoption of Mr. FTales amendirwitj ibs it11 :tdditioital section of the ])ill, and which was xgrced to.
MY.(:onr:~d lIlov(>dt o miend by :Idding the followj11~additioilal
swtioiis, to wit:
I f f , it f i o t l w c3i~trcletl,That until siich arrangement Ile made that every dcputy postrr~asterntwllo~eoffice any mail niatttv is delivered from any contractor, or other
ollicc.r, or agcllt, i n the postal service of the 1Jnitt.d States of ilmerica, Rrhich matter
shall llavct npoll it the postage stamps of the said United States shall forward ttic
bidid lrri~tterLy due vonrse of inail, without the prepayment of postage, to this ConJcdc~mc~y.And d l drputy postniasters in tlw Confedcrate States to whose office such
n l i j i l matter shall (QJW, Shall collect on all ~ 1 1 ~ matter,
11
before delivery, the postage
duc tlirrcon nnder tlrct ratcu CStak)11&e(t by tills act.
Zk! <( f ~ ~ f f??ucted,
h e ~ lhat it shall be the duty of all the deputy postmasters
~ ~ ) ~ o i l l under
l ~ ( l this Confvderacy to deliver any mail matter directed to offices
Without the t(XTitoria1 h i t s of this Confederacy and within the United States to

Feb 22, IS61.1

73

PROVISIONAL CONGRESS.

any coiltractor, 01 otlirr officer,

State.

01

agent,

111

tlir postal scrvice of the said IJnited

The votc being tnkcn 011 the amrnclmcwt bj7 States is as follows:
Pea: Florida, Georgia, and Louisiana.
Nay : Alabama, ?vlibsis4ppi, and South Carolina.
M y . Crawford for the Stete of Georgia moved to reconsider the
vote taken by State3 upon the motion to strike out the last clause of
the mwnd section of the hill; which was lost, the States voting as
follows:
Yea: Florida, Georgia, and South Carolina, 3.
ssly : Alabaiii:~,Louisiana, and Nississippi, 3 .
The bill as amended was ordered to l x engrossed for a third reading;
which having been (lone and read a third tiine, WRS passed.
On motion of Xr. Kertncr, it was ordered that when tho act prcscribing the rates of pobtage f o r tlw Corii~deracyshall be published that
the report of the Coiiiiiiittee 011 Iostal Affairs i*elutivethereto be also
puhlishcd T-Tith the act.
On motion of MY. Stcpliens,
Congress: adjourned till 1%oclock to-morrow.
~

EXRCUTIVE SESSION.

Lhc Congrew having gone into executive session, the following

coniniunication was received from the President, viz:
EXlCCUTIVE DICPARTMEXT,

&lontgomer~/,A la., Fdmm?y91,1861.

IIolrcLI, Corn,
President of t h Congress.
~
SIR. I hereby tranmiit lor the advice of the Congress the following nominations,
to wit:
Robert Tooiiib~,of Georgia, to be S
tary of State of the Confederate States of
America.
C. G. Jleiniiiinger, of South Carolina, to he Secretary of the Treasury.
Leroy Pope Walker, of Alabama, to be Secretary of War.
JEFFN UAVIS.
IIOll.

The question being.

Will Congress advive and consent to the nominations iiitide by the
President as above coniinunicated i!
I t was unanimously decided in the affirinatire.
Thew bring no further executive business, the Congress resumed
the consideration of the Imsiness upon the Calendar.

FRIDAY, F E I ~ T ~ I22,
J A 1861.
I~Y
OPEN SESSION.

Congress met pursuant to adjournment.

Prayer mas offered up by thc Xev. Mr. A. D. Pellicer.
The Journal of yesterday was read and approved.
Mr. Hale laid before Congress a communication relative to a flag
for the Confederate States, together with design:: f o r a flag from 14. A.
Pond; which mere referred to thc Committee on Flag arid Seal.
iMr. Wright introduced a bill to he entitled
An act to form a volunteei. division in the Army of the Confederate
S t n t t a of America:

JOURNAL OF THE

74

[Feb. 22,1861

whiih was read twice, and on niotion of Mr. Wright referred to the
Committee on Military Affairs.
Mr. Brooke offered the following resolution:
,

A resolntmn for the rellef of Wlll~arnP. Barker.

Resolved, That William P. Barker, a citizen of t h e State of Alabama, be, anthoyizrd

to file in the office of the Attorney-General a sprrification of an invention c.la~nwtl
to have been made by him as an improvement in the mode of casting ordnance, ?nil
that the same shall from this date operate as a caveat to protect his said invention
until a n application can be made for a patent according to law ;

which was read three several times and adopted.

On motion of Mr. Barnwcll, Mr. Mcniminger m7as excused and
relieved from flirther service on the Committee on Comn~ercialAffairs;
Whereupon, Mr. President appointed Mr. Xiles to be n menil)er of
said committee.
On niotion of MI.. Smith.
Congress went into secret session; and after hpcnding ,some time
therein, adjourned till 12 o(~10ckto-morrow.
SECRET SESSION.

The Congress being in secret session, the following proceedings were

had :
Mr. Shorter offered the following resolution, viz:
Ilesolued, That the committee to arrange for public bnildings be authorized to buy
or lcme a
xnaiivion for the residence of the lresident of the Confederate State$;

which vas read tho firbt, and second times.

On motion of Mr. Conrad, the same was :mended by striking out
the words buy or.
Mr. Crawford niovcd to postpone the resolution indefinitely; which
motion was lost.
MI.. Conrad moved to amond the resolntion by adding the following
words, viz: frovided, Thut the rant, of said mansion shall not exceed
fivc thousand dollars per annum.
rhc motion was lost.
The resolution W B S cngro d, read the t1~ii.dtime, and on the qizestion of agrceing to the resolution, the vote having been taken by States
is us follows:
Yea: Alabnmu, Elorid:L, Georgia, and Mississippi.
Nay : Louisiana :tnd South Cai.olina.
So the resolntion WUH passed.
Mr. 13arnwel1, from Conimittce on Finance, reportecl
A bill to raise rnoncjr for the support of the Govcrnmcnt of the
Confederate St:itc.s; which was read a first and second time :uld ordered
to be printed and placed on the Calendar.
Mr. Chyton, f roni the ,Judicinry Committee, reported
A bill in relation to thc slnve trade, and to punish offenses against
the satnc; which mtls read the first and second times, ordered to be
printed, and plwed on the (:alendar.
Mr. Clayton, from the same committee, also yeported B bill to establish the judicial courts of the Confederate States of Al~lerica;vyhich
was read the first and second times, ordered to be printed, and lnade
the spocial order for Monday next.

Fcb 22 1861

75

IROVISION AL CONGRE88.

Afr. Conrad, froiri t h e Cornmittre on Sam1 Affair.;, made the followi n g report, to wit:
The Committee on liavdl Affairs beg leave respectfully to report that the committee, believing that in the prewnt condition of our affairs, with the limited nieans
a t our command aud 7%ith no na\ y-yard in our pobsebhiori except that of Peximcola,
M hich is commanded b y the gunn of Fort Pickens, any ~ a r extensive
y
naval
rations in time to meet the dangers that threaten us are impracticable, have
1 ) i e ~ e nlimited
t
their iiiyuiiy to sucb naial means as might serve aa auxiliaries to
tarts and arbenalb and cooperate with land forces in the defense of rivers and harbors.
The coininittee having no nieans of inforniing theiiiselves on this subject, and (the
Executive DepartmentP, w l w e appropriate duty it would be to furnish this information, not being yet established) they snmnioned to their aid several gentlemen of
ieputation and exp
nce lately attached to the Navy of the United States and
inguished officer of the Corps of Engineers, and requested
another formerly a
them to prepare a report upon the subject. This report was promptly made, and the
committee herewith append it.
The committee think that the suggestions therein contained are highly important
and call for immediate action, but, as the duty of carrying them into effect has now
devolved upon the Executive, the committee will simply recommend that a copy of
this report and of the documents accompanying the same be sent without delay to
the President.

&
::?!

On iiiotion of Mr. Conrad, i t mas ordered that the re ort, with

accompanying documents, be irninediately laid before the resident.
Mr. Brtrtow, f m i n thc Comniittee on Military Affairs, reported a
bill to proiidc for tlie public defense; which was read the first and
second tiiiies, ordered to he printed, and placed on the Calendar.
Mr. Bartow, froin the same comrnittee, reported the following resolution, to xit:

ff

Iiesoh.rd, That the President of the Confederate States be requested to communicate, in such manner as he may deem expedient, to t h e governors of South Carolina
and Florida the rcbsolution of Congress concerning F o r b Sumter and Pickens;

which was read the first and second times, engrossed, read a third time,
and agreed to.
On motion of Mr. Brooke, the bill to establish a patent office, and
to provide for the granting and issuance of patents for new arid useful
discoveries, inventions, ana improvements, was removed from the
Calendar and made the special order of the da37 for Tuesday next.
Mr. Ciawford, froni thc Committee on Commercial Affairs, to whom
was recominitted
A bill to declare and establish the free navigation of the Mississippi
Rivei*, together with amendments thereto, reported a substitute as an
suiendnient to the s:Lme; which, being taken up and the first sectioii
having been read,
Mr. Hale iiioved to :tincrrd the same so a>to make it read as follows:
The Congrew of the ~bv#eder(iteSides
of A W T W ~do eriuct, That the peaceful navigation of the JIississippi R i i w is hereby declared free to the citizens of any of the
States upon its borders, nr upon thp borders of its navigable tributaries; and all ships,
boats, rafts, or vec<elq nidv naiigate t h e same under such regulations as niay be
established by iaiv xiid q u c h police regulations a.; the States w ithiii their several jurisdictions may rstablisli,

which was agreed to.

Mr. nithers moved to amend the first section so as to make the
concluding clansc of the same read as follows:
and all shi~ts,boats, rafts, or T essels Inax liar igaate the same undei six h regulations
as may be ePtal-dishetl by the States w i t l h their several jurisdiction6;

which was lost.

76

33URNAL O F THE

[Feb Lz, 1861.

The second section being read as follows:

2. 811 ships, boats, or vessels, which may enter the vaters of the said r i w r
within the limits of this Confederacy, from any port or place beyond the said Ii~r~ite,
may freely pass with her cargo to any other port or place beyond the 1lnllts of this
Confederacy without any duty or hindrance, except light money, Pilotage, and
other like charges. But it shall not be lawful forany such shlp, boat, or vessel to sell,
tieliver, or in any way dispose of any part of her cargo, or land any portion thereot
for the pnrpose of sale antl delivery within the limits of this Confedcracy; arld, i n
case any portion of such cargo shall be sold or delivered, or landrd for t h a t purpose,
irl violatioii of the provisions of this act, the same shall be forfeited, and shall hc
seized a11d condemned by a proceeding in admiralty b e f o ~ ethe court ]laving jrlrisdiction of the same in the district in which the same ]nay be found; and the ship, boat,
or vessel shall forfeit four times the amount of the value of the duties chargeable on
the said go3ds, wares, or merchandise so landed, sold, or disposed of in violation of
the provisions of this act, to be recoveled by a proper proceeding in admiralty before
ourt, in the district in which such ship, boat, or vessel may be found, onele use of the collector of the district Rho shall institute and conduct such
g, and the other half for the use of the Government of the Confederate
Statt,s. A.ovidrd, That if aiiymch ship, boat, or vessel shall be stranded, or from any
ca~rscbeconre unable to proceed on its voyage, the cargo thereof xilay be landed and
the s a n ~ emay be eriterctl at the nearest port of entry, in the same innnner as goods,
wares, and nrerchandise regularly consigned to &aidport; arid the person so entering
the same shall be entitled to the benefit of drawback of c l n t i w or of warehousing Raid
goods, wares, and iirerchandise, as provided by law in other cases.
&p.

Mr. Hale moved to amend the same by striking out the words \There
t h y occur, viz:
shall forfeit four times the amount of the value of the duties chargeable on the
said goods, wares, or irierchandibc so laiided, sold, or disposed of in violation of the
pri)vibionn of this act, to be recovered,

And to insert in lieu thereof the following words: t~iid her cargo
shall lte forfeited rtiid may hn seized and sold;
whic-11 amendment was lost.
On niotiori of MY. Mcmminger, the same was ainended by adding
after the words it shall be lawful to enter the said goods, wares,
and rncrcbandiso i L t :my port the mords
or to forward tht.~nunt1c.r honcl or seal, according to the regulations customary in
SllCh (aWR, \vhCAIl consigned to any port or place beyond the limib of this Confederacy.

On motion o E Mr. Conrad, the section mas further amended by

insertiirg after the word O P ~ , where it next occurs after the amendI ~ I Wof
I ~Mr. ~lonirninger,t e words :ind on payment of the duties on
snid goods to obtain from the collector a license to land at any point
on the river.
The fifth section having been read,
On iriotiori of Mr. Walker, the same was amended by inserting after
t h C words gO0d~,W Q ~ C S , and merchandise, where they first O C c I I ~ ,
the WOldS SUbjeCt to the payrnent of dut~~,
and after the words a
Illttllift?stOf t h C (%Y@ on hoard, Tvhere they first occur, the words - 6
jwt to the paymotit of dutics.
nlotion of MI..
IIarris, the said sectioil was furtller amended by
adding 8s tho h i t cI:hase thcrcof, the following prolriso:

lrovitled, fWVJeWt, That Until ports of entry shall be established above the city of
ViclcYbUrg, 011 thP Mississippi Itiver, the penalties of this tlct shall not extend to the
delivery of goods ahV( that port by vessel.; or boats descending said river.

The relX1.tOf the cwnmittee 8s amended was then adopted in lieu of

the original hill.
hi11 W ~ Sthrii cngrossed aq amended, read a third time, and
pa m d .

11IOV1810NAL CONGRESS.

Feh. 23, 1861.1

77

Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to prcscriho the rates uf postage in the Confederate States of
Anierics, and for other purpodes.
On motion of M r . Sparrow,
The Congress adjourned until 1 2 oclock to-niorrow.

SAT1JRDAY, I ~ H R I T A K
23,1861.
Y
OPEN RESSI0;lr.

The Congress met pixrsnant to adjournment.

Prayer by Right Rev. Bishop Andrew.
Thc ,Journal of yesterday was read and approved.
Mr. Anderson presented the following communication, which on his
motion mas ordered to be entered in full upon the Journal; which is
done, viz:
To the Ions. J
IFT:

MOXTGOMERY,
ALA.,February 23, 1861.
and J. PATTON
AU~RKSON,
CongTess f m m f l i t State of Florida.
I h a w the pleasure herewith to furnish you with a copy of the joint
ILKSON

MoimoT, . J ~ V M

rc~solutioiisrcwntly adopted by the general assembly expressive of their hearty

approi a1 ot tlit. election of the Hons. ,Jefferson I>arisand Alexaiider 1. Stephens a8
President arid Vice-PreGcIent of the Confederate States ol America.
Owing to the irregularity of the mails, I have deemed i t ad5isable to furnish you
n itl! the same in advance of the regular certified copy which you will doubtless
receive.
Very respectfully,
D. P. HOLLAND.
Joint re\olutioiis

Keqohed, That the general a w m b l y of Florida havc heard with pleasure of the
~elcction 1 ) ~the con\ ention a t Montqoniery, of the Hons. Jefferson Davis and iilexander 3 . Stcphen~as PrePident and Tice-President of the Southern Confederation;
and that in the selection of these two distinguished statesmen, they recognize that
burial of former political differences which is so much to be desired by all true
lovers of their country.
Resobed fiirtkw, That this general assembly recognizes the Hon. JefferFon Davis
as Chief Magistrate of the Southern Confederation, and as such, as being entitled to
exercise the same powers and privileges at all points, and i n all respects within the
limits of the State of Florida, as the President of the late United States could have
exercisd I\ hile Floi ida was a member of that Confederation.
Adopted at Tallahas$ee, Fla., February 14,1861.

Air. Wright presented a design for a flag for the Confederate States;
which W H referred to the Committee on the Flag and Seal.
Mr. Cobb, from the Committee on Printing, reported
A bill in relation to public printing;
which was read twice, placed on the Public Calendar, and ordered to
he printed.
And then,
On tiiotion of Mr. Halc, the Congrcsb went into secret session.
SECRET SESSSIOK.

Congress having resolved itself into secret session,

The first general order being
A bill to raise money for the support of the Government.
On motion of Mr. Barnwell, the same mas recommitted.

78

JOUENAL O F THE

[Fch. 23, 1861.

The next regular order being

A bill be entitled A11 act supplemental to an act to exerllpt cer&in commodities therein named, and for other purposes, passed Fehruary 18,1861;
On Blotion of ~ rBarnwell,
.
the same was referred to the Cmmittee
on Finance.
Con ress resumed the consideration of
A b& i n relation to the slave trade, and to punish persons offending
therein.
The third sectioii thereof being reported as follows:
Sw. 3. Any person violating the first section of thls act, or any provision thpreof,
or aiding or abetting others in the violation thereof, shall be guilty of a.felony, and
on conviction thereof shall be punished by imprisonment in the penitentlary or corn-

mon jail of the State where the conviction may be had, where by the laws of the
S b k such penitentiar or jail niay be used for that purpose, and if not, In such other
9 than ten nor longer than twenty
place as may be proviJed by taw, for a term not 1eSb
years; and shall, moreover, be fitted, a t the discretion of the court, not less than
one thousand nor more than five thousand dollars. And if any permi v i t h i n the
Confederate States shall knov ingly sell, purchase, receive, conceal, remove, or aid and
assist in concealing or removing, any negro, mulatto, coolie or person of color 60 illegally imported ~8 aforesaid, such person shall be guilty of a high misdemeanor, and
on conviction shall be punished by a fine of not less than one thousand dollars
and not exceeding five thoiieand dollars. For all offenses under this act each negro,
mulatto, or person of color illtyally imported, or knowingly sold, purchased, received,
concealed, or removed as aforesaid shall be held and considercd as a separate offense.

Mr. Barry moved to strike out the word felony, where it first
occurs, and insert in licu thereof the words high niisdemeanor.
Mr. Bartow dmanded the question; which was seconded and the
amendment was lost, the States voting as follows:
Yea: Florida arid South Carolina, 2.
Nay: Alabama, LouisiantL, and Mississippi, 3.
Georgia being divided.
A t the instance of the State of South Carolina, the yeah and nays
of the entire body were rallcd for and recorded as follows:
Alabama-Yea: Mr. McRae, 1. Nay: Messrs. Walker, Smith, Chilton, Hale, Shorter, and Yearn, 6.
Florida-Yea: Messrs. Morton, Anderson, and Owens, 3.
Georgia-Yea: Messrs. Bartow, Crawford, and Wright, 3. XaJ-:
Messrs. Howell Cohb, T. R. 11. Cobb, and Kenan, 3.
LouisiantL-Yea: Mr. Marshall, 1. Nay: Messrs. De Clouet, (:onsad, Kenner, and Sparrow, 4.
Misuissippi-Yea:
Messrs. Wilson and Barry, 2. Say: Jlessrs.
Harris, Ihoolre, Clayton, and IIarribon, 4.
South ~arolina---Yea: Messrs. Rhott,, 13artiwel1, Keitt, Chesrlut,
Miles, Withws, arid Boyce, 7.
Yea: Florida and South Carolina, 2 .
Nay: Alabama, Lonisiarxi, and Mississippi, 3.
Divided: Ocorgia, 1.
MI-. Barry moved further to :mend the section hy striking out the
following words as they occur, to wit:
shall be IUnished by irn1)rkonrnent in thc penitentiary or comnion jail of the State
where the' conviction 111aybe had, where by t h e laws of tile State P U C I ~ penitentiary
or jail Inay be used for that purpose, and if not, in such other place as may be provided by law, for a term not less than ten nor longer than twenty years; and

AIM) to htrikf out the uord bitiorw\cr, wlierc it next occurs, and
to insert aftcr the word dollars, at tlie ond of the sentence where it
firht occur5, the following:
In t h t > e\ ent the perfion or ~ C T P O ~convicted
S
under this section shall fail, refuse, or
be niiahle to pay the fine imposed upon conviction, he or they shall be liable to
iiii1)riwrin~entin the c o n ~ n i o ~jail
i oi the State where the conviction may be had,
IT liere by the la\\ B oi the Statc wr1i jail inav be wed for the purpose, and if not, in
PWII other place as inay be pro\ ided by lam, for a term not less than two nor more
than fi\ e years:

which motion to -trike out, and add to was lost.

Mi-. Chilton iiiovcti to strike out where they first occw the words
bbslitiilbe guilty of a felony; which mas agreed to, the States voting
as follo.ws:
Yea: Alabama, Florida, ;\;lississippi, and South Carolina, 4.
Kay: Louisiana, 1.
(;;corgisL being divided.
On iiiotion of Mr. Brooke, the words :if there be no pcnitentiary
were inserted iinniediately after thc word jail, where it first occurs.
Air. Withers moved to strike out the last sentence of said section,
the same being in the following words, to wit:
For all offenses iinder thiq art each iwgro, mulatto, or pewon of color illegally
iiiiportcd, or [kllon irigly] sold, purcliaqcd, recei\ ed, concealed, or removed as aforeLaic1 siiall I)c held and considered as a separate offense.

Icndiiig which motion, 011 motion of 34r. Brooke, the further considcrntion of the bill was postponed till Wednesday next. .
Iluriiig the discussion of the bill, the following message was received
from the President:
EXECUTIVE
DEPARTXENT,

Mm~igmeryA
, h . , Februaw 23, 1861.
XI-.PI-esidmt: Tlic Iiesident bas on this day approved and signed
> i n a($ to pescribe the rates of postage in the Confederate States of iimrriva, and
for otlitr puiposes.
ROBERT JOSSELYN,
Priwte Secretary.

Mr. Waul offered the following resolution:

Resohed, That me snggest that all oficers n ho haw resigned or may resign their
placcs in the Army and Navy of tlie United States on account of their attachment to
thc Confederate Spates, or either of them, to file their applications where they desire
irnir antl Xavv of the Confederate States as early as oonrenient with
oi ]Tar :ind Savy, and that we recommend all such applications to the
favorahle corisitlcration of thr Serretaries o War and S a v p and of the President;

vhich as adopted, mid 011 motiori of Mr. W a u l the injunction of

s;ecrc~ythercon was removed.
On motion of NY.Kenncr, thc injunction of secrecy was removed
from the act to declare and establish the free navigation of the Mississippi Hivtir.
Xtr. Shorter, from the Coirimittec on Engrossment, reported as
correctly tngrosscd and eiirolleci
A t 1 act for the relief of William 1. Barker; and
A resolution to proT-icle an executive mansion.
And then,
On motion of Xr. Kenner.
Congress adjourned until Xondaj- at I
:! oclock.

80

JOURNAL OF THE

[Feb.25,1861.

MONDAY, FEBRUAEY
25, 1861.
OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Dr. Manly.
The Journal of Saturday ~liztsread and approved.
M r . Shorter offered the following resolution:
IZesoZupd, That the Committee on t h e Public Lands be instructed to inquire into
the present condition of the public lands lying within t h e limits of the Confctlerate
States, and also into the expediency of disclaiming by the Confederate States all title
or right in the same in favor of the States respectively in which ttny pnblic. lands
may be situated. and that, the committee have leave to report by bill or otherv ise, as
they may tieem expedient;

which was adopted.

Mr. Chcsnut presented to Congress a memorial from George Pox
and John C. Thornton on the sub*jcctof an invention; which was
referred to the Coinmittec on Iatents.
Mr. Waul laid before Congress a communication from Henry
Winslow relative t o the possession of the Territory of New Mexico by
the Confederate States of America; which was referred to the Committee on Territ,ories.
Mr. Waul laid bcforo Congress two cornmunications from 0. M.
Robertr-i relative to Indian tribes; which were referred to the Committee o n Indian Affairs.
O n inotion of ILlr. Cobb, the genar:tl order on the Calendar of the
Open Session, it being a bill i n relation to public printing, was postponed for the present.
Mr. Memningcr 1)rcscnttcd to C>ongrcss n cornrnunication from
Simpson I3oho rclatim to t,hc ost:il)lishincnt of :Ln armory; which was
rcfcurcd to tho Corriinittcc on Mlilitt~r~7
Affairs.
0 1 1 motion of Mr. Barnwell,
Congress wont itito scrrct session; stid after spending some time
therein, adjourned till 12 0cIock to-morrow.

mxwr

SESSION.

Congress having resolved itself into scctet session,

Thc ,Journ:d of yesterdaj [Saturday] was read and approved.
Tho qmid order of tlic d : i > 7 being
A bill to hc entitlcd An iict to rstablish the judicial courts of the
Con fednriite States of Aiiicric:t,
Ilic c.onsidcration of the sitine mas postponed for the time.
Chi itlotion of Mr. Barlow, the i-esolution stiggeding to the officers
who have resigricd tlivir coniniissiolis i n the Army :~ndSavy of the
United fhiteh to tile thcir :ippli(~:htioJ~s
for offkc undcr the Confederate
Sttttes w s iw)nsidctcd; :111d on motion of icf t. h r t o w , thc, vote by
W h i d l tho i n j u n c t i o n o
rccy i v : ~ yr.(>iriovedfro111 tlic, ~ ~ nresolution
ie
W ~ L iSi l m roconsidt.rod, niid the resolution iva8 referred to the Committee on Mililary AiMrs.
On motion of Ur. 13:irtow, the mtmbers of the Committee on Military Affairs w ( ~ excused
c
from attendance 011 Congress, for the purpose of allowing them to meet in committee.

81

PBOVIPION AL CONGRESS.

FCl,. 25. 1861 ]

MY.L3wnwell, frow the Committee on Birtance, reported the followi n g bill:

A bill to define inore accurately the exemption of certaiii goods
from duty;
which ~ 7 a read
s
three times and passed.
Mi.. Barnwell, fi*omthe Committecb on Finance, reported
A bill to r a k money for the sup ort of the Governincnt and to
provide for the defense of the ConfeC Ferate States of America;
which was orclered to be placed on the Calendar and to be printed.
Mr. Crawford, from the Committee on Commercial Affairs, reported
A bill to authorize the Secretary of the Treasury to establish additional ports and placcs of entry and appoint officers therefor;
mhich bill was read the first and second times, engrossed, and read a
third time, and passed.
M r . Shorter., from the Cornmittee on Engrossment, reported as
correctly engrossed and erirollecl
An act t o declare and establish the free navigation of the Mississippi
River.
Mr. Sparrow offered the following resolution :
ResolLed, That the Coininittee on Indian -iffairs be instructed to inquire into the
policy of proliiding for tho appointment of agents to the different tribes of Indians
occupying territory adjoinmg this Confederacy, and, Phould they consider it advisable to do so, to report a bill for that purpose;

which vvas adopted.

Mr. 13artow, froni the Committee on Military Affairs, reported
A bill t o be entitied An act for thc estabiishmcrlt and organization of a general staff for the Army of the Confederate States of
America;
TI hich was read a first and second time, ordered to be engrossed for a
third reading, and which having been done, was read a third time, and
passed; and on motion of Mr. Eartow, the injunction of secrecy thereon
was removed.
Congress resumed the consideration of
A bill to repeal tho navigation lams and all discriminating duties on
ships or vessels,
The first section bcing reported as follows:
The Coiigress o f t h e Coiljederute States o j L t m r i c ado enacf, That all laws Fhieli require
t h e registering, enrolling, or licensing of any ship or vessel are hereby repealed, and
also all laiw hic3h forljid the employment in the comting tradt. of ships or vessels
not t~nrolledor lice d,and 810 all laws .which forbid thc importation of goods,
wares, or merchand
port of the Confederate States to another port of the
foreign port or place, in a \cssel belonging wholly
confederate States, or
or in part to a subjcct
of any foreign State or powcr.

O n motion of Mr. Rilemminger, the following words

wvcrc stricken out, to wit:

as

they occur

n hich require the registering, enrolling, or licensing of any ship n r 1

repealed, and also all laws

On motion of Xr. Memminger, the section was further amended by

adding to the end of the bamc the words arc hereby repealed.
The section as amended i i ILH follows:
The Congrenq of ihe Conjedera(r Stata qt Amerzra d o enact, That all l a w ~ r h i c hforbid
the employment in t h e coasting trade of ships or T essels not cnrolletf or l?<ensrd,
and also all lans \slnch forbid thc importation of goods, wares, or mrrchanilise from
one port of the Confederate States to another port of the Confedtmtr States, or fioin
C J-

7 01

1-04-6

82

JOURNAL OF THE

[Feb. 25, 1861.

any foreign port or place, in a vessel belonging wholly or in part to a subject or

citizen of any foreign State or power, are hereby repealed.

The third and last section being reported as follows:

3. A tonnage duty of fiftycents per ton, together with the additional aillollnt Of fiftp
w n B per ton for light money, shall be paid upon every ship or v e s d which sliall
be enbred a t a port of the Confederate States. But the said PaYmerlh shall not I)e
required more tlxan once in a year from any ship or v e s d mhose usual employmr~llt
is i n river navigation or in the coasting trade between any ports of t h e Confederate

states.

On motion of Mr. Rilctnniingcr, the same W ~ stricken

S
out.
On motion of Mr. Sparrow, the title of the bill was changed so AS to
read as follows:
A bill to modify the navigation laws and reped all diYCrinlinatlng
duties on ships or vessels.
The bill as amended W'RS then ordered to be engrossed for a third
reading; mhich having been clone, the hill mas read :t third t h o and
passed; and on motion of ah-.Memininger, the secrecy thereon mas
removed.
&lr. Conrad offcxd the folloiving resolution:
Resolved, That in the opinion of Congress the President, in making appoiiitinents in
the Army and Navy, should give the preference to officers TV ho have resigned their
cornniissione in tlic Army and Navy of the United States on account of the secession
of the States rcpremntrd in this body, or of any one of said States, when such officers
.are fonnd suitable for the service.

Mr. Harrison iiiovecl to refer the same to the Committee on Militayy

Affah*s;which was agrcc~lto, thc Stntcs voting as follows:
Yea: Alabama, Florida, Georgia, Mississippi, and South Carolina, 5.
Nay: Louisiana, 1.
Mr. Mernrriinger offercd thc following resolution:
Rcaolwd, That the heads of 1)epartments he admitted to the floor of Congress both
in secret and open session,

And on iiiotion o f ~Vdr.iMernminger, thc samc was referrcd to thc

Coiriniittcc on lirdcs.
The following i~iesxagoT V ~ Srcceivcd fro111 thc, I'resiclent:
~ ~ s x c v . r r vI)EPARTMEKT,
s
M m ( q o u i e y , Ah., 3'el"ebruury25, 1861.
this (lay approved and signeJ the following

Hr. I're8kkni: Tho I'r

lias oil
net8 wliicli passed t l w Uc
Ari wt to tleclarc :tiid ehtablish the free iiavigation of the Nispissippi River;
An art for tho rdief of William p. Barker; also
A rcsolutioii to provide an executive inansion.

ROBT JOSSELCYN,
Prwutf, R-wptory.

011
motion of MI.. Clayton, the regulslr order was postponed; and
( hg-r e ss tool< ~ 1 the
) unfinished business of the last session, which
w t t~h ? considerzLtion of the bill in relation to the slave trade and to
pun isli persons off cndi ng thcrcin.
The pcnding question wzs on the motion of MY. J\-ithes.s to amend
the third section thereof by striking therefrom the following words:

Far all offenses under this act each negro, mulatto, or person of color illegally
iniportc$ or old, purchased, received, csoncealed, or removed as akoresaid shall be
held a n d misidered :is a. 6epawtc offense.

The niotion WRY lost.

The isth section Iiarjng bctq read as follolvs, viz:
SEc. 6. 1':ITC1..Y 1WgrOillcgdly iliiportc(l a h a[oresaid illto the Coilfederate Stabs shall
he wrePtpt1 by the riinrshal or his deputies, 01'
officer of the
States

Fcb 25, 1861]

PBOVISIONAL CONGBESS.

83

charged i i i ail? iiiann( i 1, ith the execiition of this apt, ant1 qliall 1)e sately kept, subject to the disposition Jiereinaiter pmvideil. And the said officer shall immediately
notify t h e President of t h e Confederacy of such arrest and confinement. The President shall, as soon as possible, communicate with the governor of the State whence
t h e vessel in which such negroes were imported cleared, if the saiiie be one of the
Uniqed States of America, and Phall offer to deliver such negroes to the said S h t e on
receiving a guaranty from such State tbat the said negroes shall enjoy the rights and
privileges of freemen i n such State or iiianp other State of theunited States. If such
proposition be rejected, or if the contingenq specified a h \ e shall not have occurred,
t h e President shall reccil e aiiy propositions which niay be made by any responsible
perhons or socidy, 13 ho will furnish satisfactory guaranty t o the Premlent that such
rirxgi oes will be transported to Africa and there placed at liberty free of expense t
o
this Government. illid if no such proposition shall be made within a reasonable
time, t h e President shall cause the said negroes to be sold at public outcry to the
highest bidder under s w h regulations as he inay prescribe, the proceeds of which
bale, after paying all the expenses incurred by the Government in the capture, detention and sale of such negroes, and in t h e prosecution of t h e offenders, and the forfeiture of the property, shall tic. paid, one-half to the theinformer (if he be b o m iide
such) and the other half into tliv Treawrj ol the Confederate States.

Mr. Harrison moved to aiiiend the same by striking out thc following
words, viz:
And if no such proposition shall he made within a reasonable time, the President
shall cause thp said n e g r o t ~t o~ 1)c scilcl at public. outcry to the higliest bicl(1cr under
he, t h o ~ m ( ~ e cof
d swhich d c , after paying all the
melit i n the capture, detention and sale of such
the oftenders, and the forleiture of the property,
informer ( i f hc he bona fide such) and the other
halt into the Treasury of the Confederate States;

which motion was lost.

Mr. Conrad niovcd t o aineiid the same section by striking out the
following words: crijoj the rights m c l privileges of freernen in and
inserting in lieu thereof the following words: be properly provided
for by.
The inotio~iwas lost.
On motion of Mr. R d k c r , the section w a b amended by inserting
after the words or in anr of the United States tlie followirig words:
or that such negrocs will be tranqported to Africa mid there placed at liberty free
of expense to this Government.

Mr. Wilson moved to amend the section by striking out the following

woras, to wit:

t h e Prc~~iclent
shall cause the
iiegrocs to be sold at public outciy to the highest
lie irtaj presciihe, the proceedh of whicli sale, after
bidder under such I egulation
paying all the expenses iliruritd b y the Government iu thv cipture, detention and
sale of huch negroes, and in tlie pi ohecution of the offendew, and tlte forfeiture of
the property, shall be paid, one-half to the t h e informer (if he be bona fide such)
and the other half into the Treasury ol the Confederate States,

And inserting in lieu thereof the following words, to wit: the said
negroes shall be disposed of ns may he prebcribed hy the lams of the
State in which they may be found.
Mr. Chesnut moved t o lay the bill on the table.
The motion was lost.
Mr. Cobb moved to anicnd the section by inserting after the words
sold at public outcry to the highest bidder * t,lm words in ang one
of the State3 where such sale shall not be inconsistent with the lams
thereof.
The motion prernilcd.
The cluestion then rccnrred on t,he ameiiclinent of MY. Wilson, and
the \Tot& having becii taken by States i s as follows:
Yea: Mississippi.

 S o rcroi (led ill the Joru na1, lxit i h r ori~iiialdraft, on file in tlie W a r Drpartnicnt,
aftcr the uord offered rtadq to thr c o i ~t,
i oruitting , ctr.

PROIIBXONAL CONGRESS.

Feh. 25, 1861 .J

85

T he motion prevailect.
311..h r l n ?UIO\ ~d to :t111~11d
tho 6rht section of the bill by striking
out the following word^, to wit: other thaii thc slaveholding States
of t h e United States of Anit~ica.
The vote thercorn was takcn by Statcb arid ib as follows:
Yea: Mississippi.
Nay: M a t)aiiia, Florida, Georgia, Louisiana, and South Carolina.
So the iirot8ion\vas lost.
T h e bill was then e ngro ssd , read a third time,
Arid on the question Shall thc, bill pass?
The vote W B takcti
~
by States and is as follows, viz:
Yea: Alabama, Florida, Georgia, Louisiana, and South Carolina.
Nay : Jlississippi.
So tho bill wah passed as amended.
On niotion of Xlr. Cobb, the injmiction of hecrecy was removed from
the :tction of Congress i n passing tho same.
Mr. I3roolic niovcd thnt wien Congress adjourn it adjourn until
to-niorrow, 11 oclock.
The motion was lost; and
On motion of MI.. S t ~ ~ p h en s,
Congress nd journcd uiitil 1 2 oclock tomorrow.
EXECUTIVI~; sE~sIOW.

i h e Congrcw having gone into executive session, the following conimunic:ttioii \\:I\ t v w i v c d from the President:
r ,

EXECUTIVE
DEI.%IW.\IENT,
,Uontyo?iwry, Ale., Ie6r~iriry25, 1861.

DE1LAlE STATES 011 - ~ M E R I C1,

SIR: 1 1ir.iel)v tytmsn,it For the advice of the Congress tlir following iioininations,
t o wit:
Henry T. ISilPtt, of Mississippi, to be IostinaRtcr-General.
Judah P
jxitiin, of Louisiana, to be Attorney-General.
8. 12. Xlttlloiy, of Florida, to be Secretary of the Kavy.
JJWFN DAVIS.
ittiti

The Congress then proceeded to act upon the said conir;iunication.

And the question being,
Will th(>( 7 0 1 1 g r e ~advise
~
and consent to the noinination of Henry
T. Ellctt to b~ P-osLlllastcr-C;erieral~
It was uriaiiimonsly dccided i n thc affirmative.
Thc question IVill the Congress advise and consent to the nomination of J udah 1. Iknjaniin to bc Attorney-Gcneral?
IVas iinanimoasly decided in the affirmative.
Tlie question being.
%ill the Congr~madvise and consent to the nomination of S.1%.
Blallorg to be Secwtnry of tho - Y : L V ~ ?
On iiiotion of A\lr.,\lorton, the said nomination was referred to the
Conimittee on S a v ~ Affairs.
l
lhc following coniniunic~atioi~
was also received f m i i the President:
E X E C U T I V E ~)EP.\IWXEXT,

Montgomery, Atlo., Frbrrliary 22, 1861.

Won. HOWELI,
COBB,
Irrwlrnt of the Coiagreas.
SIR:I hereby transmit for t he adrice of the Congress the iollorillg nominations
of commissionerp to the Governiiiriit of the Inited States of America, in accordance

86

.JOURNAL OF THE

[FCb. 26, 1861.

with the resolution of Congress providing for such commission and tleclaratory of
the purposes thereof: A. D. Roman, of Louisiana; 81. J . Craxvford, of (+corpia;
and John Forsyth, of Alabarua
JEFVK I)ATT3.

And the question being,

Will the Congress advise and consent to the norninations made by
the President *;above communicated ?
The same was unanimously decided in the aftirmative.
Therc being n o further executive business, Congress resurncd the
consideration of tho busiricss upon t h c Calendar.
TUESDAY, FEBRUARY
26, 1861.
OPEN SESSION.

Congress met ursuant to adjournnient.

prayer Was o eyed by the l h . Mr. Mitchell.
The Journal of yesterday wns read and approved.
My. X-Iale presented to Congress :L communication and design for a
flag; which were referred to the Committee on Flag and Seal.
MY.Curry laid before Congress two conimunieations relative to a
flag; which were referrcd to tho sLppropriate Coiiiniittee on Fl~g.
Mr. Rill prcsentcd to Congrcss f~ design for a flag; which T\W also
referred to the Coniniittcv on Flag and Seal.
Mr. Shorter, froin the Coniruiltee on Engrossment, reported as
correctly engrossed and enrolled
An act in rclation to the slavo trade and to punish personi; offending
therein;
An act to authorize tlic Sccretary of the Trcasury to establish additional porth and ~ I Z L C CoRr entry arid appoint officers therefor;
An act for tlic c~sttiblishmetitand orplizatiou of 8 general qtaff for
the Army of the Confeder:ito St:Ltw of America;
An :wL to modify the navigation laws a d repeal all discriminating
dutics on hhips or vcswls; :ind
An act to define inore :~ccuri~lcly
the exemption of certain goods
fl*ollt.duty.
Congress resumed thc consideration of
A hill in relation to public printing.
I 1
1110 bill was tnlcen up by sections,
r 1
l h e sisth section wing reported as follows:
SEC.6. Tlic Public lriiitcr~ shall be entitled to receive as compensation for the

pubiication of the ~ W ant1

H
J o ~ r z ~ athe
l s following prices, vix:
For oac.h page of tlic IBWB and Journals, including presswork, paper, pressing, folding, i1nd stitching, the sum of lour dollars

On motion of Mr. Cohb, the word four, where it first occlxrs. was
stricken out atid the word sis inserted in lieu thereof.
The first claim of tho seventh section bcing as follows:
SIEC.
7. Ipor d l job printing ordered by Congress the Public Printers shall receive
tilo following c~on~pcwation
s ~ n dno inore, VIZ:
Firat. h
o
r bills, Iewliitioii.q, and reports-For coniposition per page (foolscap),
one dollar and twenty-fix e cents; for presswork, folding, and stitching one hundred
COPiW, tW?llty-liv@C C l l t s per Imge, and pro mtiL for 811 copies Over one hundred.

Mr. Cobb 1110~edto strike out the word twenty, where it first
OcCUrS, :Lnd insert i n liru thereof tho n.ord seventy; which mas
agrced to.

Fcb. 26, 1861 ]

PKOVTSION A L CONGRESS.

fi?

Thc hill a- :tmcndod T\ as tk1t.n o r d t w d to he engrossed for a third

i*cadiiig;v11icli haying hcen don(., and the bill read :L third timo, was

On motion of Mr. lhooke,

Congress went into secret swsion: and after spending some time
therein, adjourned till 1 2 oclock to-niorrom.
S*:CKET

S~SSIOX.

The Congress having conroned in secret session, the following proceedings were had:
On motion of Nr. Stephens, the spccial order of thc day was postponed
for the time, and the President proceetlcd to the call of the committees.
Mr. lihett, from the Comiiiittec?on Yermanent Constitution, reported
The Constitution of the ConfPd(1ratc States of America.
Mr. Stephens, from the Committee to Organize tho, Kxecntiw I>tpwtments, reported
A bill to authorize the Secretary of State t o appoiiit an assistant;
which was read the first and second times, engrossed, read a third time,
and passed.
My. Rliett, from I h c Con?liiittcc on Foreign I\ffairs, 1-eported
A bill t o provide the ~ ~ o ~ ~ i ~ ~ tf o~i ~the
~ ~coinniiusioncr~
.:ttioii
to European
powers.
Tlie hill was read the first :tiid second times; and
The first section having bccn read, placing the compensation for each
of the commissioners at t!ic rate of one thousand dollars a inorith,
illr. Cmry moved t o anic\ncl the bmie by striking out the words
one thousand and inserting in lieu thereof the words eight hundred.
The niotion was lost.
The bill 7 v w engrosscd, read a third time, mid passed.
On motion of MY. Barnwell, the specGI older mid regular order of
thn day mere postponed and tlie biil to raise money for tho support of
the Gorernment and to provide for the defense of the Confederate
States of Anierica was talrcn up.
The fourth section l~eiugas follows, viz:
4. Tlie certificates of stock and borids shall be issued in such form and for such
amounts : ~ qinay l w tletcrinined by tlie Secretary of the Treasury, and may be asigned
or deli! erml iiucler s11c1i regulations as he may rsbablish. Bnt none of thein shall bc
for a lew w i , i tliaii one hundrcd dollitrs; arid he sliall report to Congresr, at its next
w 4 o n , a &iteiiicnt 111 detail of his proccedinp, and the rate at which the loans may
have been made, and all expenses attending the mile.

On iuotiotr of Ah. Sibbet, the a n i e wus aiuended by striking out the

words one hundred and inserting in lieu thereof the word fifty.
The fifth section bcing as follows, viz:
5. From arid after t h e f i n t (lay of A\uguat, eighteen hundiecl and >i.;ty-one, there
shall be le\ led, collected, anti paid a dnty of one-cighth of one cent per poiind on all
cotton in the I ~ I Vstate exported fioiii the Confcderate States, which duty is liereby
specially. pledged to t h e dtic payment of intwest and principal of the loan proritled
for in this act; and tlie Recretaiy of the Treasury is hereby authorized and required
to estxblidi a. sinking iund t o carry into effect thc. provisions of this section: Iwvided,
lbotueoer, That thc interest coupons, i s w d under the second section of this act, when
due, sliall bc, recei~ablein payment of the export duty on cotton.

Nr. Sparrow moved to nuiciid tile siiinc hj7 striking out the words
one-eighth of one cent per pound on all cotton in the raw state and

[Feb ZG, 1861.

JOURNAL OF TEE

inserting in lieu thereof the words (two and a half per cent 111)~)1the
value of all commodities.
M ~Stephens,
.
after discussion thereon, demanded the question ; which
1118s seconded, arid the question being taken, the motion mas lost.
Stephens moved to amend by striking out the whole of the
section.
Mr. Withers nioved to amend the section by adding the folloxing
proviso, viz:
Provided, &o, That when the debt aiid interest thereon herein authorized to he
contracted shall be extinguished, or the sinking fund provided for that Purpose shall
be adequate to that end, the said export duty shall cease and deterniine.

After discussion, Mr. Stepheris demanded the question; which navin Y been seconded and the question taken, the motion mas agreed to.
$he qucstion then recurred on the motion of MS.Stephens to amend
by striking out the section, and the vote having been taken by States
is as follow:
Yea: Alabania and florid:^.
Nay: Georgia, Louisiana, Mississippi, and South Carolina.
MY. Withers moved to amend tlie scctiori by striking out thc same
and inserting in lieu thereof the words as follows, viz:
From and after the first day of August, eighteen hundred and sixty-one, there
shall be levied, collected and paid
cents on each and every slave within t h e
ages of twelve and fifty years, which tax IS hereby sp-cially pledged to the due payment of interest and principal of the loan provided for by this act; and the Secretary
of Treasury ,is hereby authorized aiid required to establish a sinking fund to carry
out the provisions of this section: Proz;itlcd, That each State in this Coniederacy inay
supersede the laying and collection of said tax by paying into the Treasury ot this
Uonfedcracy a s u m of money equal to the aggregate of said tax which would be
received in sucli State: A i i d prouided abo, That when the debt herein authorized to

ihlollowing coiniriariications were received from thc Ircsident:

ExzctinrE ~EI~AI\I(TMENT,
Nonlgonzery, il Wi., IWiruury 06, 186i.
Mi. Irealdaat. Thc. Ireuitlent has approvet1 and signed the Eollo\\i i ~ gacts pabsed by
t l i t b (oiigre~s.
8 1 1 wt to iiiorlily thc, ~iavigatioiilaws and repeal all discriminating duties on 611ips
or vcssclr;
An act for the cxstablishment and organization of a general staff for the Army of the
Conlctlei.attc?hkrtcrr of Ainerici; aiid
An wt to defiiit. inore accurately tiit, exeiiiptioii of certain goods froill duty.

ROBERT JOSSELYN,
Privctie hCPcwtury.
EXECUTIVE OFIICE,

Fe/ir?mr?y26, 1861.

To diytrihte the RII11S and munitions so as best to provide for the defense of the
coll11trY it is needful that they be placed under the control of the General Government.
\Ir( have 1 l O W but little lrlforination as to the quantity and quality of the military
~ l l ~ ~ l011i eflt~l1(!,
s
and have no niitkiority to call for returns froill the
the
states. Tlw (olll tesy and patriotisin oi tire respective governors would no doubt

Feb. 27, 1861.1

89

PROVISIONAL CONGRESS.

1rillinglp nicct sucli inquiry, and wonk1 probably induce thein to tra1lsie:r eitkic;
arii~anientor ?tore:: i n c.on~~~lianc~i:
with B reqnisition frorn this Governlncnt, but
etiicit:ncp requircs tho c:xcInFive control a* ~ ~ of 1the1 llleans as of t,he rrorks of
deferirc. 71m Ckncral
cvl with loreign int,ercouwe,
may Iiaw in tlie cou
t.lio property of tjle United
States which as a con.
r the authority of the sever.al
States anterior to the
For these consicterntioris 1 respectfully suggest that the proper legislation .be
adopted to m x r e t,lre t,ransfer of all arms and munitions now i n the forts, arsenals,
and navy-yards to t h e custody of the Government of the Confederate States, and
that full rcturns be made of all arms nntl inunitions which have been distributed
froin the public stores to the troops of t h e several States, with xuthority to this Governnient to take charge oi the accountabiIit,y for them, and also to receire, to be
accounted for to the several States, s u c h arms and munitions as have been purchased by thein and which they are willing to devote to the coinrnon service of the
Confederacy.
The difficulty of supplying our wants in that regard by purchase abroad or by
mantifactlire at home is ~vellknown to t.he Conerexii and mill render unneccssarv an
argument to enforce the general policy herein presented, and I liare only respectfully to coiiiiiieriil the subject to your consitleration.
JEFF DAPTS.

Mr. Shorter, from thc Committee on Engrossment, reported as

correctly engrossed and enrolled
An act to authorize the Secrctary of State to qqwint an assistant;
and
An act to Drovido the compensation for the conmissioners to the
European powers.

On riiotioii of Mr. Hill,

The Congress adjourned ~ u i t i l12 oclock to-morrow.
mwurxvE

SESSION.

The Conqress having gonc into executive session, the following

communic.~~tioii
W R Y received from tho Pi esidenl :
ECL.I1T

J>EPARTXEN~~,

Noiityomrry, A h . , EFLruar?g 26, 18Gl.

Hon. IIOWI:I,I,
Coii15,

Presidenl 01 the Congress.

SIR: I hereby transmit for the advice of the Congress tlic following nomi~~ations,
in
accordancc with a resolution piw~i
February 13, lStil, to provide for L c oinmisaion
to proceed to Europe, under instructioiis to br given. Williniri L. Yancey, of Alabania;
1. A. Iiost, of 1,ouisiana; arid -1.Dudley 31anii, of Confederate States.
JEFF DAVIS.

On motion of Mr. Hill, thc commui:ication was referred to the Committee on Foreign Afiairb.
There hciiig no further txwntivc t)usiiicw. Congres5 resumed the
consideration of the C;tlead:ii*.

0PI;:S SF:SRIOh.

Congress met pursuant t o adjournment.

Prayer was oflewd up by t h e Rev. Dr. Capers.
The ,Journal of yesterday W:LS read and approred.
Mr. Wright presented t o Congress n inodcl for a flag: vhich was
referred to the Committee on Fhg a n d Seal.

30

JOURNAL OF THE

IFeb. 27, 1861.

Mr.Wright offered the following resolution:

Resolved by tlw Conjedwute httctes 1 , ~Coirgieas U S ~ P , I ~ J ~Thnt
P ~ , v henever the Gongless
may enter upon t h e consideration of the permanent Constitutioil it shall be done in
open session;

which was ordered to be placed on the Calendar.

Mr. Chilton offered the following resolution:
Resolved, That. the Committee on Xaval Affairs be instructed to. inquire into the
propriety of constructing by this Government of two iron-plated trrgatcs and tucll
iron-plated gunboab as may be necessary to protect the commerce and proride for
t h e safety of this Confederacy;

which was read three tinies and adopted.

Mr. Conrad resented a menlorial; which was referred, without
being read, to t e Committee on Finance.
Mr.Chesnut laid before Congress a communication on the siihjrct
of an armory; which was referred to the Committee on 31ilitwy
Afhira.
Mr. Withers laid before Congress a cornminication from A. 31.
Pitts relative to patents; which was referred to the Committee on
Patents.
Mr. Waul laid before Congress a communication from ,James E.
IIarrisoii relative to the Cherokee, Choctaw, Chickasaw, m c l Crcek
Indian tribes; which was referred to the Committee on lndiaii Affairs.
MY.Wilson, from the Committee on Engrossment, reported as correctly cngrossed and enrolled
An :Let in relation to public printing.
Mr. Milcs presented to Congress a model for a flag; which wvas
referred to tho appro riatc Coirimittee on Flag and Seal.
On motion of ~ r&iesiiut,
.
Congress went into secret session; and after spending some time
therein, adjoiirned till 11 oc1ock to-morrow.

SECRET

sF:ssroN.

Congress hnving resolved itself in to secret session,

The ;7ournal of yesterday tvrts read arid approved.
On motion of MY.Chilton, the regular business of Congress was
suspended for the tirile and
Mr. Chilton introduced
A hill to authorize the collection of postages on rriuil matter carried
in stetmiships botweerr any port o r poits in Europe and any p o r t or
ports in the ConCcdemte States of America;
which was read two t h c s , and on inotiori of M i . Rhett was referred
to the Comrnittec on Posh1 A4ffnirs.
Mr, Chcsnut niovcd to ~~t?consider
the vote by which the motion to
strike out the fifth section of
A bill to raise money for the support of the Government and to
proi+Ie for the dcfense of the Confederate States of America.
Aftcr son10 discussion therron, A h . Stephens demanded the cluestion; which was secondecl, arid the motion to reconsider was lost, the
States voting :is follows:
Yea: Alabama, Florida, and GeorFia.
Nay: Louisiana, Mi -sippi, and South Carolina.
took LIP tho tmfinishcd business of the d n y previous.

Feh 27, 1861.1

PROVISIONAL CONGRESS.

91

Z'encliirg the disousqion on tho ;miendinetit of 3h. Withers, offered

by him ah a suhstitute for tlw fifth
tion, Jlr. Stephens demanded the
qixcstion.
On the cpebtion to sword 1110 d e n l i d the same was lost, the StsLtes
voting a h follo~vs:
Yea: Florida, Georgia, and Mississippi, 3 .
Nay: Alabama and Louisiana, 2.
South Carolina being divided.
After further dittcussion Mr. Stephens again demanded the question; which was seconded, and the motion to substitute was lost.
Alr. Hale moved to snicnd the fifth section by striking out, where
they first occur, the words " a duty of one-eighth of one cent per pound
on all cotton in the raw state exported from the Confederatr States,"
arid to insert in lieu thereof the follo-iving:
an at1 valorem duty of one per cent upon all cotton, rice, sugar, molasses, syrup,
tobawo, lumber, tar, pitch, turpentine, and rosin exported from this Confederacy,
t h e value thereof to he estimated a t the port from which the same is exported;

which amendment was lost, the States voting as follows:

Yea: Alabama and Florida.
Nay: Louisiana, Mississippi, and South Carolina.
Georgia being tl i\-ideci.
Mr. hl~1:n~~hd1,
at t h e iiibtRncc oE Louisiana, demanded the yeas and
nays of thc entire body; which werc taken and recorded as follows:
Alatmnm-Yea: Mcssrs. Walker, Smith, Chilton, Hale, Shorter,
Lewis, and Yearn, 7. Nay: Mesrs. ilurrj- and Mclhe, 2.
Florida--Yea: Messrs. Morton and Owens.
Georo-ia-Yea: Measrs. Crawford, Sisbet, Hill, T. R. R. Cobb, and
Kcnai1,~5. Nay: Messrs. Toomt)s, I-lowcll Cobb, Rartow, Wright,
and Stephens, 5.
Louiiimia-Yea: Messrs. Spawok and Marshall, 2. Nay: Messrs.
De Clouot, Conrad, and Kcnner, 3.
Mississippi-Yea: Mr. Brooltc, 1. Nay: Messrs. Harris, F'Vilson,
Clayton, Barry, and Harrison, 5.
South Carolina-Yea:
Me
Chesnnt and Withers, 2. Nay:
Messrs. Ithett, Ihrnwrll, Keitt, Mcinrrljnger, Xilr:, and Boyce, 6.
Mi*. Sparrow offered the following as R substitute for the fifth
section, viz:
That the Secretary of the Treasury be, and he is hereby, instructed to call upon the
several States of the Confederacy requesting them to guarantee, each in propoition to
its represcntative population, so iiiuch of the loan authorized to be made b y this act
as he may find the public wants require.

The amendment was lost, thc Ststes voting as follows:

Yea: Alabania and Florida, 2. Nay: Georgia, Louisiaua, Mississippi, and South Carolina, 4.
Nr. Harris then ofT'crr3d the substitute ofered by Mr. Sparrow as
an additional section to tho bill; which T T & . ~ lost.
Xr. Rhtltt offered the following as an ndditional section:
h c . 6. h d be i t . j i c i thrr emcted, That unless war arises between the Confederate
States and the T'nited States not inore than five millions of dollars shall be raised by
this act;

which was also lost.

Mr. Harris offered the following as a substitute for the hill, to Fit:
T h e C'u)tyress of tlw Co$edrrctfL Atccte; o j -1 I , L P ~ Cd ~o eltact, That there shall be colon d l
lecteil at the several port- 01 the. <'( n~edlcraq .xn export dut) of

JOURNAL O F THE

92

[Feb. 27,1861.

And be it further enacted, That the Secretary of the Treasury be, and he is llerehy,
to an amount
authorized. to issue Treasury warrants in such S U ~ Rnot 1 ~than
s
, ,hi& warrants shall be receivable in payment of the said dtlty;
not exceeding

which was lost.

The bill was then ordered to he engrossed for a third reading; which
having been done and the bill read a third time, Was passed, the States
voting on the passage of the bill as follows:
Yea: Georgia, Louisiana, Mississippi, and South Cal-olina, 4.
Nay: Alabama and Florida, 2.
Mr. Shorter, a t the instance of Alabama, called for the yeas and
nays of the entire body; which were recorded as follows:
Messrs. Chilton, McRae, and Lewis, 3. Kay:
Alabalna-Yen:
Mossrs. Smith, Curry, Hale, Shorter, and Fearn, 5 .
Florida-Nay : Messrs. Morton and Owens, 2.
Georgi:i-Ypa: Messrs. Howell Cobb, Rartow, Crawford, %bet,
arid T. I<. R. Cobb, 6. Nay: Messrs. Hill, Kenan, and
Louisiana-Yea: Messrs. Do Clouet, Conrad, and Kenner, 3. Nay:
Mossrs. Sparrow and Marshall, 2.
Mississippi-Yea: Messrs. Harris, Brooke, Wilson, Clayton, Harry,
and I<arrison, 6.
South Carolina-Yea: Messrs. Rhett, Barnwell, Keitt, Memminger,
Miles, and Boyce, 6. Nay: Messrs. Chesnut and Withers, 2 .
Mr. Bartow, from the Committee on Military Affairs, reported the
following bill:
A bill to be entitled A n act to raise provisional forces for tlie
Confederate Slatcs of America, and for other purposes; which haying been read tho first and second times was ordered to be engrossed
for a third iwiding.
The bill wns then read a third time and passed.
Mr. Renncr offered thc following resolution:
Resolvetl, That licrenfter the Congress will meet a t eleven oclork n. ni.;

which

WUY idoptcd.

Mr.1<1:nncr also offered the following resolution:

Resoli~cd,That the perinancmt Coiistitutioii shall be the special order for each day
i ~ Congress goes into secret session, and sIpll so continue until
hereafter 11s ~ o o as
final :wLion is had thcreoii.

Mr. Bhett inoved to amend the same hy striking out the word
her&er a n d iiise~tingin lieu thereof the words (after Saturday
next; which iiiotion to amend was lost, the vote being taken by
States, as followh:
Louisiana, and Illississippi.

Kesolrvd, That the Iresident of the Congress be authorixe(1 to elnploy two compptent ateiiograplicrs, who, under the injunctioii of secrecy, shall take clown and write
ollt tit(: debates 2 ~ 1 t faction hati upon the permanent Constitution;

whieh ww lost.
Mr. Clayton ofhred the following resolution:
IleRold, That in the consideration ol the perinanent Constitution tjle Delegates
from TCXaS be ill a11 r(?qwfxrecognized a~ inembers of this body, wltll full power to

discuss and vote npon the same;

which m w agreed to.

Feh. 28, 1861.1

YROVZSIONAL CONU-EESS.

93

On motion of Mr. 13artow, the illjunction of secrocy was removed

from the act to rake provisional forces for the Confpderate States of
America, and for other purposes.
On motion of Mr. Barnwell, the injunction of secrecy was also
removed from the
Act to raise money for the support of the Government and to provide for the defense of the Confederate States of America.
A message was received from the President to the effect that he had
approved and signed
An act in relation to public printing;
An act to authorize the Secretary of State to appoint an assistant;
and
An act to provide the compensntion for the commissioners to European powers.
On motion of Mr. Brooke,
Congress adjourned until 11 o'c:look to-morrow
EXECUTIVE SESSION.

The Congress having gone into executive session,

Mr. Ithett, froni the Committee on Foreign Affairs, made the following report:
The Conimittee on Foreign Affairs, to wlio~nn a b referred the nomination by the
President of IT.L. Paacey, I?. A . Rost, and A. Dudley A h i n , as commissioners to
the European powers, respectfully report that they have had the same under consideration and reconlmend that the Congress do advise and consent to the nomination of W. L. Yancey and l?. A. Rost.

The report was nnaniinously concurred in.

So the Congress do advise ancl consent that William L. Yancey,
of Alabama, and 1'. A. Rost, of Louisiana, he commissioners to
the European powers under t h e resolution of the Congress passed
February 13, 1861.
There being: no f arthct. cxwutive business, the Congress resumed
the consideration of the Calendar.

THURSDAY, FEBRIJARY
28, 1861.
0PE:N

Sl~ssIoK.

The Congress met pursnant to adjouniiiicnt.

Mr. Cliilton pr'cwited :t iiieiuorial froin thc merchants of the city of
Montgomery; whichw:is referred, without being read, to the Committee
on Coinniercial Affairs.
Rlr. Curry prescntcd a comniunicdkm froiii rJ. E. fIutz; which was
referred to t h e Committee on Il'aval An'airs.
Mr. Curry a1m presented a design f o r :I flag; which was referred to
the Committee 011 Blag and Seal.
Mr. Cobb reporttcd
A bill to define the jurisdiction of thc Fedeid courts in certain cases;
which was read t h e first and second times m d referred to the Committee on the Judiciary.
Mr. Hill presented a design f o r a flag: \\hich wah referred to the
Committee oil Flag and Seal.
MI*.Cheziiut pi*eseiiteda iiielnorial from George 1'. Sincldr, praying
a caveat for :in invention iiinde by him in rcference to a magmino

94

JOURNAL OF THE

[Fob. 28, 1861.

until a patent can be obtained; which was referred to the Committec

on Patents.
Mr. Ochiltree presented a communication from John C. Bobertson,
chairman of committee on public safety of the State convention of the
State of Texas; which was referred to the Committee on Afilitary
Affairs.
MY. Curry presented a communication from J. M. Lapsley 0x1 the
subject of a tariff; which was referred to the Committee on Einanw.
Mr. Hill prescnted a communication from I. C. Plant on the subject
of patents; which was referred to the Committee on Patents.
Mr. Chilton, from the Committee on Postal Affairs, reported a
Hill supplcmcntal to -4n act to regulate the rates of postage and
for other purposes;
which was read the first and second times, engrossed, read a third
time, and passed.
Mr. Shorter, from the Committec on Epgrossment, reported as
correctly engrossed and enrolled
An act to raise provisional forccs for the Confederate States of
America, arid for other purposes; and
An act to raise money for thc support of the Goverunient and to
provide for the dcfensc of the Confcderate States of America.
On motion of Mr. Nisbet,
Tho Congress went into secret session; and after spending some
time therein, adjourned until 11 oclock to-morrow.
SECItET SESSION.

Congress being i n secret session, Mr. Cobb offered the following

resolution, viz:
Rc~7~clmg
ortIer.-~~limevc1the regular order shall have been passed through in
open sessioii it dlall bt, ( h c d n t y of the Irwident to announce, without motion, that
CongresR will now go into M

wliicli was :tgrccd to.

On rnotion of MY.Molton, the Congress rcsolwd that it would resolve
itself in conveution and tala up for consideration each day at 1%
oclock
in. tho Constitution of thc Confcdcmtc States of America, until the
sanio should be disposcd of.
On motion of MY. (Ih~gton,Congress took up for consideration the
Bill to ostabiish the ,judicial courts of the Confederate States of
America.
MI-. Harris rnovccl to :~1ncndti1 ccond section thereof by inserting
before thc words district court the word judicial; which motion
was lost.
Mr. Smith movcd to amend tho section by inserting after the words
who shall reside and hcfore thc word3 i n the State the words
in tlin priiwipal comrnercinl tow1
which motion was lost.
Mr. Sparrow niovad to anicnd t h lid section by striking out therefrom the word three and insert
in lieu thereof the word five.
Pendin 7 discussion thereon, the f o l l o ~ ~ ~inessage
i~ig
was received
from tho resident through his Private Secretary, My. Josselyn, viz:

ii.

Feb. 25, 1861 1

P R O t ISIONAL CONGRESS.

95

Ail act to rnibe provisional lorctc- for the Confederate States of America, and for
other purpo5cs; and
.in act to r t i b e iiiouey for the support of the GoverIiirient and to provide for the
cfefcnwof the Confctierate States of America.

Tho C o n g i then,
~ ~ on motion of Mr. Waul,
R i w h r d , That t h e Secretary keep a .eparate journal, to be entitled I the Journal
o f the Conrelition of Deputies from t h e independent and sovereign Statrs of Alabama,
Flo:icta, Gwrgia, 1,oui-iana, 3
i p p , South Carolina, and Texas. (6

N r . Shorter, from the

mitteo on Engrossment, reported as correctly c.ngrossed arid erirollccl
A i ~:wt
i supplcrriental to An act to regulate tho rates of postages,
and f o r other purposes.
Thc following collzmuiiication ivtts received from the President:

XXEcr 1IW L ) E P 3 1 W u ~ : h i ,F e b ~ u n ?$8,

y 1861.
efeiencr to the jridgmeiit of the Con- u
relabon to the slave trade and to
t been able to approve and therefore

The Constitution, section seven, article first, provides

African negroes froin any foreign country other than the
Inited States is hereby icirl)itIden, aiid Congresr iq requir
effectually prevent the C N I X ~ . Phc iule herein gl\ cn i5 ernphatic ant1 distinctly
dirrcts legi4atioii CI Inclr. shall cffertnally lire\ erit tlie iiuportation of African negroes.
Tlie bill ).dore me dwoniiccs XCI a high mihtlenwiiuor the importation of negroes or
othcr persons ot color, either to bc sold as slab es or to be held to service or labor,
affivingheatry and degrading penalties 011 tlie act if done with huch intent. To that
extent it accords nit11 the requiremerit of the Conctitution, but in the 6th section
ot the bill provision is made foi the transfer of negroes who may have been illegalry
iiiiported into thc Confetlerste States to t h e custody of foreign States or societies,
npoii condition of deportation and future freedom, and if the proposition thus to surizrider them shall not be accepted it is then made t h e dyty of the President to cause
$aid negroes to lie boId at public outcry to the highest bidder in m y one of the States
where such sale shall not hr inconsistcnt \I ith the l a w thereof, ete
This latter piovision seciiia to me i n opposition to the policy d~claredi n the Constitution, the prohibition of the importation of African negrors, aud in derogation
of its mandate to It~gislatcfor the dectuation of that object. Wherefore the bill is
returned for your further consideration, together with the objections most respectfully submitted.

JEFFR- DAVIS.

Mr. Memmingcr iiiovod to adjourn.

The motion was lost.
MI.. Stophens moved that, when ( h l g r C s h adjourn it adjourii until 10
ocloc~icto-morrow.
The rriotion prevailed.
On motion of JIr. Menimiqycr.
The Congress adjourned until 10 ocloch to-itlorrow.
EXECUTIVE SCSSIOK.

1hc Congress havin gone into executive scmion,

Mr. Conrad, from t i e Conimittw on Naval Affairs, made the following report 011 the part of the majority of said c o ~ ~ ~ ~ ~ i t t e c :
r ,

T:

The Comniittee oil Xaral l h i r s , to v~honinas refcrred the nomination of R. 12

31dllor), ot Florida, as Sccrctalk ot the S a v y , beg leave to recolnnlentf that said
nomination be confirniecl.

Xr. OTvnS, fi-om the 5:mic coiumittw, nmde the folloving minority
report:
Being unable at this time to caonrur in the rccominendatioil of the majority of
Ii Xailory as Secretslrv of
tlic. committee i n wfereiice to the ~ t o i m i i a t i ~of
i i J\[r
______
- ____
((Forthe jonriial authorire([ by this resolntion, see pp. S5l-R!)6.
_
I
_

96

JOURNAL OF THE

[Xar. 1,1x61.

the Navy, I feel i t due to myself to say -that as 1am in daily expectation of further
information touching the wishes of Florida in tlrid regard, and, perhaps, other facts
in the possession of my absent colleague, 3Ir. Andersor?, I am not now prepared to
a r t on the nomination, and niust therefore a t present dissent from the report of the
majority.
All of which is respectfully submitted.
JAS. R. OWESS

On motion of Mr. Blorton, the further consideration of the subject

was postponed until tomorrow.

FRIDAY, M A ~ ~ G
1.H1861.
OPEX SESSION.

Cor~grcssmet piirsuant to adjournment.

The ,Jonrnnl~ofyesterday (VRS read arid approved.
There being 1 1 0 business on the Public Calendar, Congress went into
secret session; and after spending some time therein, adjourned till
10 oclock to-morrow.
SECZtK:T SESSXON.

Congress ha~111ggone into mxct session,

The first, business in order was the consideration of
An act i n relation to the slave trade and to punish persons offending
therein j
which was returned l q 7 ttic President with his objections.
MY.Clayton movcd to postpone for the time its consideration.
Mr. Chcsnut srihniitted the point of order that under thc Constitution (:ongwsr must proceed to the consideration of the bill.
Thc Ch& so ruled.
Pending discussion on said hill, tho hour. of 12 oclock ni. having
arrived, Congi-rss rcsolvcd itself in coiivcntion, and after spending
sonie tiinc tliei*ain rosolrcd itself i n C o i ~ p t ~ ~and
ss;
A nie.sbage W N S recc.ired from the lrcbsidcnt through his Prit-ate Secrctwy that he hati approvcd ;ind signcd
An act supplcinc?rttal to an act to regulate the rates of postage, and
for ot,hcr 1)llrpOb.
Mi.. Bartow, froni l h Conntiittee o n Milihry Rffairh,reportcd a hill
to ltc crititlcd
An ac;t for the cslublihlirncnt arid orgmizatioii of the Army of the
ticr:atci St:ilor of Aincricti;
which W B S read twice, ordorcd to bl: pluccd o n the Calendar, and to be
printd.
0 1 1 itiotiou of Riir. Bartow,
Congrebs adjournccl till 10 oclo(iito-ittorrow.
ESllCUTlVE SRSSIOX.
r ,

1 hc Congress 1:;iviiig gone into csewtivc session, the following comninnication TVRS received from the President:
SIR:I h a v ~ ~honor
l i ~ ~liercwilh to transmit the nomination oE Irctrr (2. T. Beauregarti, o f I4oi~i~i:ti~:~,
to lw bii(~adicr-gencmlo f the lrovisional Ariny, authorized by
t l i c h ii<.t of C o i ~ p t wof~ Fc>b!uary27, 1861, and to submit the same fdr the advice an&
coilsciit of tltc Goiigresu.
JEFFN DAVIS.

Mar. 2,

PBOVISIONAL CONCH.XS5.

lhbl J

97

And the question being,

TJTillthe Congress advise and consent to the said nomination?
T h e saint was unaniniousl1 agreed to.
So the Congress do ad&e and consent that Peter G. T. Beauregard,
of Louisiana, be brigadier-general iii the Provisional Army of the Confederate States.
Them being no further executive business. the Congress resumed
the consideration of the business on the Calendar.

OPE&- SESSIOS.

Congress met pursuant to adjournment.

The ,Journal of yesterday mi? read and approved.
Mr. Curry presented a i i i e m o d froin Horace Mare rclatire to the
establishment of a fouiidry and a n armorj- for the Confederacy; which
was referred to the Committee o n Military Affair?.
Mr. Harris offered the following resolution:
Reaulced, That the Coriimittcc o n Finan
in+xctrrl io enter iipoii a revision of
t h e piebent tariff its early as practicable,
Imi to 1lie gradual reduction of the
rate of duties, anti tlie cnlargernent of t h
1st b y the exemption of such dutiable artic l e u a occasion an expense aiid troulile i n tiir collection of duties disproportionate to the rerenuc arising thereon;

which, after discussion, the further consicleration of the saine for the
time W ~ postponed.
S
Mr. Waul Pnnounced the arrival of Mi.. ,T. 14. Reagan and Nr. W.
S. Qldham, Delegater froni exah, who appeared and took their scats.
On motion of Mr. Stephens,
Congress went into secrct session; and after b cnclirig bonie time
therein, adjourned tjll 10 ocIock to-morrow [MoncEiX next].
8E:CJtET bICSSIOS.

The Congress h:iving resolved itself in secrct ,session.

Mr. Stephens reported a bill to be entitled AII art to admit Texas
aq a member of the Confedsrate States of ,ltnericn; which was 1.ead
the first and second times, e n g o w e d . rcad a third time, and p a ~ ~ l .
Mr. Shorter, from the Coninlittee on Engrossment, reported as correctly engrossed and cnrolled
Ail act to adiiiit Texas a ~ n c i n h e of
i ~ tho Confederate States of
America.
A message wa:, received from the Prcsident that he had approved
arid signed
An act to admit Ihxas it:, il nicuihcr of the Confederate States of
Amcrica.
On niotion of hlr. Chesnnt the injunction of sccrecj- I\ :ib removed
from the action of Coiigrcss in reference to >aid bill.
On ~iiotionof A h . Toonibs, tlic Uclegntes froix tlic S h t e of texfts
took tklc oath to support tlic Corihlitution of the Pro\-isional Government and signed the roil c! tiic Congr
The unfinished h u s i ~ i cof~ the
~ pwviouh day was taken up.
The question ;va. on the pwsage of the ],ill ii, wlation to the slave
trade and to punish persons olYcnding therein; vlhich v, as returned by
the President with his objections.
c

J-TOL

1-04-7

99

YlWVISIONAL CONGRESS.

xar. 2 , 1861 ]

which was read a fir& ancl second t i m P , orcicwd t o he placed on the

Calendar, and to be printed.
Mr. Toombs, froiii thc Conimittca on Eiii:mc.ri, also reported
A bill to be entitled An act to fix the pay aud mileage of members
of c011grcss;
which was read a first and second tinie, ordered t o be placed on the
Calendar, and to be printed.
MP. Memminger introduced
A bill to provide for the salaries of the judges of the Confederate
States;
which, on motion of 311.. Shorter, was referred to the Committee on
Judiciary.
3Ir. Ochiltree laid before Congress B communication f ioin certain
commissioners on behalf of tlie conitnittee of safety of the State of
Texas; which was referred to the Committee on Military Affairs.
T h e hour of 3.30 oclock p. in. having arrived, Coiigress took a
recess, t o reassenible at 7.30 p. in.

7.30

OOLOCK P.*M

The Congress proceeded to the consideration of a bill to hc ent,itled

An act for tlic e~t:iblislmentand orgarimtion of the Xrniy of the
Confederate States of Aiiierica.
The first sentence of the thirteenth section thereof being reported
as follows, to wit:
Sec. 13. The pay of a brigadier-general shall be three hundied aiid oiie dollars per
month.

Mr. Barry moved to strike therefrom the words t h r

and one and insert in lieu thereof the words t w o hundrcd ancl
twenty-six: which was lost.
T h e fourteenth section being read as follows:
SEC.14. The iiiorilhly pay of the officers of the Corps of Engineers shall be as
followb: ol the colonel, ti*o liiindred aiid tcn dollarb; of a major, oiie hundred arid
sixty-t\+o dollars; of n captain, one ti undred and forty ctollars; lieutenants serving
with tlie company of sappers and rniiicrs shall receive the pay of cavalry onicers of
the same grade.

s moved to strjkc therefrom the words:

ng \+itti 11ie coiii~~aiq
o f sappeii and 1nii1c1bsliall receive the pay
of tlic miir grade;

which niotiou w i s lod.

Thc twentieth section h(4ng
11 bc: Gxcd b) rcgulawi\iiig at ~tatioiis
icli ( w e t h y may hc
I?

the rate of ten cent? per mile.

Mr. Hill nioyed to ?trike thcrclfrom the words :ts they occur, viz:
except 13 lien officers arc serving a t statlolib u, itlout t r o o p I\ hcie public qnartcrs can
not be had, 111 which case they may he allowed, i n lieu uf fuiage, cight dollar* per
month for each horse to which they may be entitled, provided they are actually kept

100

JOURNAL O F THE

[Mar. I , 1861.

in Pervire and inusterecl; and quarters may be commuted a t a rate to be fixed by the
Secretary of War, and fuel a t the market price delivered,

And to insert in lieu thereof the words and in no case shall a commutation for fuel, forage, and quarters be allo~ved;which was loit.
The twenty-first section having been reported, the last sentence
thereof being as follows:
No enlisted man in the service of the Confederate States shall be eniployrd as a
servant b y any officer of the ilrniy.

&. Hale lnoved to insert after th e word servant the words or

required to perform menial services for such officer; which motion
to amend was lost.
The twenty-eigh th section being as follows:
SEC.28. Neither the Quartermaster-Generzll, the Conimiesary-General, nor any or
either of their asistants, hall bc conc erncd, directly or indirectly, in t h e pnrchaic
01 sale, for commercial purposes, of any articles intended for, making a part of, or
appertaining to pnblic ~ u p p l i ~csccpt
s,
for antl on account of the Conferlemte State<;
nor shall they, or cxithc r crf them, take or apply to his or their 011 n nse any gain 01
ciuolumcnt for negotiating :uny busiiieqs i n their respective departments, other than
\\hat ir; or may be allowed by law.

On rnotioii of Mr. Reagan, the words f o r commercial piirposes,

where and RS t,hcy occur, mere stricken out.
A h . Toomhs o!Jercd as an additional section to the bill, to come in
after the twenty-eighth section, the following:
BP itjcmtker eiiacted, That the pay of officers provided for in the foregoing a(%,helow
slid inclnding tkw rank of colonel, be, and is hereby, reduced twenty per cent.

Pending discussioii thereon,

On motion of Mi-.
Chesnut,
Congrcss adjourned till 10 oclock I\/lond:iy next.

OLIm SESSION.

Congress nicl pursii:~ntto adjournmcrit.

Prr~ycrW:H otl-r~
ed up b r the Ew. Ilr. B:isil Manly.
M r . Cobb oftercd t he 10 lowing rcsolntion :

ir

&:vduttl,
ill

~ l l ? l tthC 1 1 1 ~ U l ~ J

thv lInll tliiiiiig Ihc 1nibl

the illabania. State convention be iiivitcd to seats

w1iic.h W:W :doptcd.

Ah.. ~ ! W l y ,011 b(?h
of 11. 1. Oden, cJarneH G. L. IZucy, and
f\lrdlT\v I\. 12owk, 131
itvd to the Presidcilt of Congress an inkstaritl n d o fro111R1:~b:un:i ~iinrhlc.
Mr, C%ilton probcwted to Congrcss a letter and drawings from
Lieutenant 1 IR~IIPS;
vhie1.r TVCIC referred to the Coinriiittee on K a w l
Rfh iix.
Mr. Chilt on :dso pr-rsentt~ito Congress a coinniunic~tion from
~ ~ ) C C C Y
C.L licrpoii and 3Iollic A. D. Sinelair, pupils of the
Tuskcgee l~c~~i:tlc
College, together ~r itli drawings as designs for a
flag; which were referred to the Corninittec on Flag and Seal.
MI.. Cobb oflcred the following reiolutions:
T l e d u ~ t l ,That the mints at Sew Orlean* antl Dahlonega shall bc continuecl, and
thc proper arrangelnents made a b soon a8 possible to procure sultable dies for the
coin of thc Confederate States.

Yar. 4, 1861.1

101

PROVISIONAL CONGRESS.

Ilesoli ec7, That the Secretary of the Treasmy be reqiiested to estimate and report
to Congrcss tlie lowest aiiiount of appropriation nc
ary to carry out the above
rwolution ;

which, on motion of MI=.

Rcnner, were referred to the Coinrriittee on
Finance.
Mr. Hill laid M o r e Congress a communiciition from A lady of
re to a flag; which was referred to the appropriate
There, being iio business on the Public Calendar,
Congress went into secret session; and after remaining some time
therein, adjouriiod till 10 oclock to-morrow.
SECRET SESSION.

Congrcrq h n r i n g gone into secret seqsion,

Mr. \ V : d woso to 51 privileged qwstion, viz, relative to the Delegxtcs from Lcxas signin the I-rovision:d Constitution.
On motion of Mr. Step%
ens,
I the Deiegatcs from rexits mere requestcd
to sign the Constitution.
A h . Miles, from the Commitbee 011 the I h g and Seal of thc Confedtr:icy, riiadc the following repoyt:
.+
Tlic coinmittw :tppointc(l to select a propcr nag ioi t h e Contederntc States of
d i n c r i i ~ I)cg
,
Ira\ c to rcpor
lhat,tliey ha\ e siven t h subject due c o i i ~ i d e ~ a t iand
~ n , caiafull) inspected all
t2x. tieslgm and models sub lttcd to thein. The number of thebe liai bccn immense,

inay bs divided into t n o great classes.

ose which copy and presrri e t h e principal features of the United States
ight aiid unimportant modificatioiis.
T h o v which are veiy elaboi ate, coniplicated, or fantastical. The objectiori tc the first c 1 a ia,
~ that none of tlieni at c2iiy conwlerable cli~taiicecoulclreacliIy be
tlistingui~hedfrom the one I\ hicli lliey imitate. Whatever attac!nnent may be felt,
fruin & t ] ~ o ~ i ~ t t ifor
o n ,the StdI.: and Btiipe. (211 attachincnt 1% hich your coiniirittec
inxj be permitted to ray t1ir.y do not all s h e ) , i t is iiiaiiifest that in inaugurating a
\z e can not TI ith a n y propriety, or without encountering very
difficultiw, xetain thc flag of the Government from which we hare
re is no propriety in retaining the ensign of a government which,
in the opinioii of the Statcs coinpocing this Confederacy, liar1 heroine so oppressive
arid injurious to their interests as to rcrliiire theirwpai-ation from it. It is iillc to talk
of keeping tlie flag of the United State5 \c hcii R-e have voluntarily scrrdetl iroiii
thein. It i H superfluous to d\z.cll upoii tlie
tic.al difficulties \ \ i i l d i 1%o ~ i tflow
l
governments, both eiiiploying the
and inilitaiy solccisni. [It nould
ould ledcl to perlietiid clispntei. 3 As
ot the olil flag, A c iniiit bear in nliiid thal the battles oi the IZevolution, alroiit w,vhic~li0111- foiitlrst arid pronclc<t mrniories c*lu<t(Jr, rr(1 not fought
t)ciieath it, fol(l\ Ant1 althou<li iniiicir.crc~c.eiitti!i:rs--ii; tli,. \ f a r ok 1812 ant? 111 the
n a r wit:L \Imico-thc~ Hoiith tiid n i n lier iair sIi>:c oL g!ory, ant1 ~ l i t her
d
f:ilL irieaslire oi I!lnotl iinde~it9 yniclcnre and i n its tleic~ii~e,e tliink tlic iiiiputial page of
hi\torp \ti11 pic,~c~l-\
e arid ~oiiiiiieniorate
c l i i i o 1 c ~iii~perislial~ly
than a iiiere
p i c w of striped I!untirig. \VIieii t i l e
niother country ( ~ b h i c k iup to tlic
to ictain tlic Britirli fiag or an) tlii~ig
hat1 lven ~ ~ l a i i t c tm
l , t l niiriuiect, a
in tlieir iiifanc lor tlieir \el.! i\i
under it they Iiacl repellcd a n
farther ailti farther into tho ti
aiid relirirjoii; inider i t the >out
iiiifortiinate expedition 01 131 ad
of Albra!iarn, l i r r c tht innno
trom Great Britainvictory. But our forefatherq, lien t l i v ~sepnratcd themsel~-cs

_-

_ _

U i U o t in Jouiiial, bnt coiitaiiitd i n <

n,il

rrport

011

__

iilc i n the War Department.

TOURNAL OF THE

[Mar. 4, 1861.

P R O VISIONAL CONGRESS.

103

A rewlutioti in relation to patents and c~veats.

JIr. Claytori ofkred the following resolution:
C u i i g r e ~will &ulj, as soon a- the morning business is
a conveiltion to consider the Constitution of the Con-

Mi. Stcpheus, from the Coininittee on RiilPS, reported and recomiiiendeti the adoption of the following resolution; which had been
referred to the conmiittee, to wit:
That the heads of Departments he admitted to the floor of Congress both
ei. aiid open x s s i m .

~Zitc?,

Ihc rvwlatioti was taken 1113 and adopted, arid on motion or Xr.
Stephcns thc injunction of secrecj- thereon wai. ordered to he removed.
.A irirssagc \ v u ~rcccived from tho President that he had approved
wid signed
h r e d u t i o n i n relation to paterils and caveats,
A n d on motion of
Brooke the injunction of sccrecy thereon was
ordered to be removed.
Congress resumed the Iintinish(1d hrrsiness of the day previous, it
beiug the coiisidcratron of
t j i l l to I)(> c.ntitied - * .In act for the cstal~lishtrientand organization
ot tlw L l r ~ lofr ~the Confcdemte States of America.
Xi-. I3.0yc.colleved tho following resolution:
IZtroli etl, That ilie bill to orgmiizc a military force be recommitted, with instrucfic,,is to the co!iil:iittcc to rcpoit a
in the Confederate States.
I. For a regiiiirnt of I egnlara t o
tern borders of Texas from the
2. For a iegiiii~iitof rarigeiy to
IIi(?iLIl9.

3. 1 iililitarr bchool for the traiiiiiig of officer3 in the science of %ar.

4. The orgaiiimtion of 1 I oluiiteer force of one hundred t h o u s a d men to be ready
for iniincdlute m \ ice in a b t : of war.
5. rhe purchase of p o der,
~ ordnance, and weapons of the beit kind, in quantities

t o a r m said volunteer iorce, said arms not to be distribnted nntil actually needed in
Widr;

which was lost.

The question iwurring on the :mtJndmcnt offered by 31r. Toombs,
t h c s2me W X H albo lost.
rile t\~errty-ninChYC ion being ah follows, to wit:
. %. Tlrc IX~lL~,and
o f .\incrica tor the g

of nnr establi4ied b j the IS^ of the Vnited

imt of tlip 4rmy are hereby declared to be of force,
t tlmt M h r v r \ ~ rthe
e> occar the Tiords Confederate
I hlldl I)?
bL1:)Stltilt~d tlifJie
me c.lixiiqc~
shall be made i n all other
hid all Ian 5 or parh of l a w s of the
to the -1rmj n hicli I
i,
\\ I i i c +
haiTc heen adoptecl b y th? Coiigrccs of the Confederate States,
eiit ~ \ ; t hthis x t , are liereby repealed.

c=-

Nr. B:LYtO\i 111o\~cd10 iL1~e1~ci

tll
thercfo~,\ih c 1 ~it iir.;t occim, t

ainc by iuscrting after the word

a r i d euccyl tlist the articlc, of way n u m l m s sixty-one and sixty-two are hereby
ibrogatetl, aiiti t i i r iolloi~iiix m tic1c.i substitntctl therefor:
lg h Y>\ et- or o i i i i i i i i ~ ~
ot~as prior date to those of the corps in
111 talrc place 111 c*orirtb-ni.ntial01 ok inquiry, and on boards
j purposes, ,I hen con~posedot different corps, accorciing to the
raiiks gi\ cii thcwi i n their brevet or foriner commisioris; bnt i n thc regiment, corps,
or company l o which such oflicers belong, thev shall do d u t y and take rank, both in
courts a i d o n boards as aiorcGaid, vhich shall be composed of their o w n corps,
according to the c.onii~iiwinn~
by which they are there muttered.
62. If upon Iriaithes, gnaids, or in quarters, different corps shall happen to join or
do duty together, t h e officer highe*t in rank, accordmg to the commivvion by which

JOURNAL O F THE

[Mar. 4, 18G1.

h e is muskred in the Army, Navy, Marine Corps, or Nilitia, there on duty by orders
from competent authority, shall coinmand the \Thole and giye orders for what is
needful for the service, un1e.s otherwise directed by the President of the Confederate
States in orders of special assignment providing for the case;

Mar 4 1861 J

PROVISIONAL CONGRESS.

105

iriotion of Nr. h r t o w , tho iiiiiic x ~ :Lineudecl

s
I)y striliiag out
thc words A Itrig:ulii.i.-Aciir;nl, ..
f i i r. tiia mord tive :ind inserting i:i lieu thereof t h e -\void .fotu.. :~ndhy striking old in the -words
infantry a n d c : ~ ~ a l r y
our,
,
the word * four and inserting i n lieu
thereof the vord * thrcc.
On niotion of 311.. Ihrtow, the twent_v-second section was aincnded
by making the moiithly pax of : ~ q ~ i i t .sx x m t r e n inhtcad of
*eighteen dollars. and tlic monthly pay of blaclismithr thirteen
ir?stead of foiirteen dollars.
On motion of Mr. Keniier, th3 1,ilt wa,c nmendrd by adding the follo\ving ar an additional section. to i ) c Ihc, t b i h e r h section, to wit:
0 1 1

iii

That the Prcqiderit \hall ( A1 into tlicl

many uf the trnops herein pro\ itlet1 for
eracy m a y require.

iw ( J the Confederate States only so

e ma! tlccix tlic qafetv ot tlie Confed-

The bill was then eiigrosscd, ~*i::idB third tiiiic

On motion of Mr. Ihrtbw, the rcg?:ui:ii.order \>.
Congres3 proceeded t o tho (*onsiderationo! the
public defcnse; which was ordered t o be mgrosscd, and the Same
having been done, the bill was read t h e third t i i x and passed.
Mr. Toomhs offered t h e following
Resolve(?, That tlie Freciilorit be, :tiit1 ti(,
sionei- from tlii, C h \ errmielit t u liicx coil\ eii
touching matter, coiiceriiing their I l i u t n a l iii

which v a s read thc firbt nnd second t i n q engro.;sed, re:icl a third

timc, and agreed to under the following title:

Tvhich was read thc h t arid w c o n

timc, and agreed to.
Mr. Owens was cxcuicci iroiri ftivther service on Committee 0 1 1
Accounts, and thc, Presidciit :tppointcd 3Ir. Grcgg to fill tlic vncancy.
On motion of A h . Wil,hcrb,
adjourned ~ i n t i 10
l oclock to-niorron..

the consideration
nrniittec, on Savai
of tlie rqmrt\ of tlie HI
A f h i r s 011 the noinination 1 ) ~ -the ~ri~A1ent
of ?;. K. JIaLIory to IJC
Stvetary of the I.;avy.
,?ftei. boiiie rtiilie] S p n t i n discussion, ~ I I -I<citt
.
deimuicicd the yncs
tiori; which deniand w a s not snstained.
3ir. Ci1r~~uut
lllovcil that, 1I.lC no!a
rei.ominitted to the
104 011 a rote by
Coinmittcv.? 011 S a i - d AH:iir\: \\ hich
States, a \ follo\.l.s..
Yea: Florida and huisiaiia, 2.
ippi South Ca:*oiin:~rurd Ics:i~,>.
x:ty: A41al)xzii:i. C;eorgi:i, X i s
The qucztion then h u g ,

JOURNAL 03 THE

106

[Mar. 6 , 1861.

Will the Congress advise aud cvnserlt to the nomination oC S. X.

Mallory to be Secretary of the Bavy?
It was decided in the affirmative on a vote by States, as h l l o w ~ :
Yea: Alabama, Georgia, Louisiana, -;Mississippi, and South Camlina 5.
d y : Florida arid Texas, 2.
The yeas and n a p were demanded by the State of Floritln, mid are
as folldvs:
From Alabania-Yea: Messrs, Walker, Smith, Curry, II:ilc, JI(tllac,
Shorter, Lewis, and Fearn. Nay: Mr. Chilton.
F r o ~ iFlorida-yca:
Mr. Anderson. Nay: Messrs. Jlorton and
Owens.
Froni Georgia-yea: Messrs. Toombs, Howell Chhl,, Jhrtow, Xisbet, Rill, Thonias It. R. Cobh, and Stephens. Absent: Jloshrs. Crawford, Wright, a n d Kenan.
Frorn Lonisiana---Yen: Mcssrs. Dc Clouet, Conrad, Kenncr, and
Sparrow. Nay: Mr. Mnrshall. Alwnt: Mr. Pcrlrins.
From Mis4s4ppi ---Yo:L:Mossrs. H:mG, Brooke, Wilson, Clay ton,
Bariy, and Harrison. Absent: BIr. Campbell.
From South Carolina- Yea: Jfessrs. Rliett, 13arnwel1, Keitt, Chssnut, Mcmminger, Miles, Withers, and Boyce.
From Texas-Yea: Messrs. Reagan and Gregg. Nay: ?Vlo.;srs.
mraul, Oldhain, and Ochiltree. Absent: Messrs. Ifigfall and Hemphill.
Ol-.dmxl, That the injunction of secrecy l)c reniovcd froin the fact
of thr, confiriliation of thc nomination of 8. R. Msllory a5 aforesaid.
There being no fuitlier esccntirc business, the Congress resumed
the consideration of the business upon the Calendar.

Congress met pursuant t o adjoiirrunent.

Prayer was ofkred by thc ltw. Mr. Xitchell.
Tho Journal of y e s t c r d : ~\v:i~ -end :mti :qiproved.
Thc Chair h i d beforo Congrc :Lcoinriiiiiiicatiolt relative to patents;
which was referred to the bloniii;Ittec~or1 Patents.
Mr. Nisbut presented to Congress :L lckter ou the subject of post2ige;
wliicli way referred to tho Cornriiittw on Postal Affairs.
MY. Nisbet tilso laid before Congress a commiunication from lsaac
Scott rclative to riiilroad tmnsportation; which w a y referred t o the
Committtx on Comniercinl Maim
Mr. Ochiltwc offered the following rcbolution:
Rcsole~tE,That the Corriiiiittec 011 Forci:.n Affaiis lake into col~sitleratlo~lt h e
expcdiwicy of s c ~ ~ d i i ito
g ( ~ i t r a lEuropr. 1 c~m~r1lar
representative, aild that said
colutnittcr report at its carlicst conveiiieric~e;

which, on inotiori o-lMr. Ochiltrce, was referred to the Committee on

Foreign Mairs.
Mr. Waul rcwntcd a lettw from John EIeiqhilI concerning a
light-ship; TV ich was rcfcrred tu thc Coriimittec 011 Conln~ercial
A ffairs.
Mr. Curry, from the Committee on Commercial Affairs, reported

PROVISIONAL CONGRESS.

Nar. 5,1861.3

107

dl 1,ill to establish mid organize :t light-house hurcstx;

which wsts read the first atid s(:coiid times, ordered to he placed on the
calendar, and to be printed.
Mr. Shorter, from the Committee on Engrossment, reported as
correctly engrossed and enrolled
An act to repeal YO inuch of the ltiws of the Confederate States of
America as prohibit the introduction of liquors, except in casks or
vessels of 01 above certain-named capacity, and f o r other purposes.
Mr. I)c Clonet,, from the Coinwittee on Commercial Affairs, to
which was referred the nieinorial of the citizens of Montgomery to
estaldi5h Nontgomci \ ;L port of entry, reported adversely to the
memorial; and, o n niotioii of Ah.De Clouct, the Committee were
relieved from it.: further consideration.
Mr. Ilc Clouet, froin t h c Cornmittec 011 Cominercial Affairs, reportcd
A bill to be cntitlcd An act to provide for the regiqtration of vessels omiied in wliole o r in part by citizciis of the Confederate States;
which was t;tkcii up, rcwl a first : ~ n dsecond time,
The bill being as followh:
oj,l/nericrr do e r ~ w t That
,
a11ressels, wherever built, oncbe 011 ned ltv a v itim n or citizen? oi t h e Confetlcratc States, and
conini:trided 11y w citi/c,ri tlii>reof, sliall Iw repi erctl a- a \ vie1 of the C-mfederacy
thcrcof : lrocctlr dj T h n ~ majority in interest of the o~ ners
d i a l 1 c ~ o n ~ elnot such I cgi4ration, and ,iuc.li rc~srlxbe not registered clsewhcre
0 1 1 iiiotiori of MY.
Miles, thc blank was filled by the insertion of the
words * on(.-fourth.
The bill a+ :t~ncndcclmas then ordered to bc engrossed for a third
reading.
The hill ~ v a >then read a third tiine and passed.
Tlierci k i n g no businehr on the Public Calcndar,
Corigrehs went into secret session; a i d sfter remaining some time
therein, adjourned till 10 oclock to-morrow.

SECRET SESSION.

Congress having gone into sccret scssion,

Mr. Shorter, f r m i the Committee on Engrossment, reported as
correctly crigrosscd and ciirolltd
An wt to proride far the public dcfensc;
A rcsoliition to autliorize the Prcridrnt to send an agent to certain
Indian tribes;
A resolutioii to inithorizt~the Irrsidtnt to bend a c.oiniriissioner to
the convctition of t h e Skit(>of ilrkanr:is; xnd
Ail a d to proridc for the :cgistr:ition of vessels owned i n whole or
citizciis o f tiw Chiifrdei-ate State.;.
g c \vas rcceii-rd from thc Prcsidcnt that lie had approwd
and higricd
h rc~~oliitlioii
to authorizc. the. Prc4tLcnt to send an agent to certain
Indiai: tribes;
A resolution to anthoi.izc the Irwidcnt t o send R cominissioner to
the S h t e of arkall.-:\.; and
A n act to vepcal so itiuch of the laws of the Corifederatc Stated of
America as prohibit the introdiiction of liquors, except in casks or
vessels of o r above certaj n-m\amcd cqmcity, and for other pnrposers.
1

JOURNAL O F THE

[Mar. 5, 1%.

The following rnessnge was also received from the President:

EM:CUTIT,-~C
OITICIG,
,Kontpmrr,y, MU.,~lfurch5 , 1861.
Boa. Howmr, COBB,
Presidetit of the Conyress.
811%
: Herewith I have the honor to traivinit the estimate of the Secretary of War
of the annount required for the support ot the Army or the Confederate States; also o f
that requibite for the support of a portion of the provisional army authorized to be
raised.
The estimate, it will be observd, is for the allthorixed strength of th? army. and
88 ii large portion of that forre I\ ill probably iiot be enlisted or commmssloned, there
will be a balance of appropriatioll, which, if permitted, might be used to support
atlttit,ional troonu of a nrovisiorlal arm\', a character of force which m a y be more

Congiess inch pursiiaiit to adjoiirnmcut.

Prayer m:tb offered by tiic lie\-. J I r . Bull..
The J O L H - of
I I ~yesterdaj7
~
v a s read i t i d appi-ovwl.
Mr. Cui q ollvred thc following resolution:
R~snl7d,T h a t the Coninlittee 011 the Judiciary 1x1 iii~tructcdt,) inquire into the
c~sl)rdit~nc*y
of pro t i 1 biting the importation of sl,?rec irom t!ic, lTiiitctl States iiito the
Confederate States, cxcept by persons emigrating thereto for purposcb ot actual :-cttleinent and residence;

\vas adoptcd.
Congress procecdlccl to 1iic w i i h i c k r a t i o i i 01 tiw r~giilwoidcr, it
beillg
l d l t o cdahiish and organize :L imreau in connection with the
Dephie11t of t t - 1II.CE~ILI.Y,
~
to
1\110~\II :I> tllc light-houhc b~l.e:ia.
3 hc first acetion being q m r t c t i , 0x1 iuolion of hIr. Curry the word4
or com111ander were inserted after the wort1 captain, where it
first OC(lI!S.
On motion of A h . Curry. thc wctjon W M > furthcr amended by h L r i k big out thc xoid iiltCCr1, wvhsre it occurs, : i d inserting i n lieu
thereof the word twelve.
The first section, as amended, i i a> follows:
\\lliOh

/XL

S ~ c r r o x1. The Corq/La\ oj the CmJedPT ale States d o e m ~ c t ,That there shall be eptaltlislied i n connedioii 1%
ith tlic Dcpdrtnitml of the Treasury a burcau, to be known as
the light-house Iiureau. The chief officer UC m v l i bureau slid1 bc a captain or coiiiiiiander of the Khvy, detailed for this service b y order of thc Preaident of the Confedwatc States, who shall receive as hic, coinpeiisatiori tlir wme pay allowed to
officers of tho Faiiic rank i n the Navy. There shall be appointrd also it chief clerk,
n it11 a salary of tnalve hundred dollars, and an a~countingclerk, with a salary of
one thowarid ( l o i h r c.

311..C i m y moved t h t the following he added 3 s the sixth and lart

section, to wit:
1, T!iat all hi\+,inti p:u t s oC la\+s contraveniiig the
eai11c~ai v h(wb\ , repeald ;

which mas agreed to.

The biil, RS amended, ma. thcn orclcrccl to bc engrossed f o r a third
rending; which having been done, the bill W:L> read :L third time arid
paSbecl.
Xr. Miles presentcd a mciiioyi:il fi-oni tlic Svedish Iron Mnnufactnring Compaiij-, of South Carolina: 1%hich -r\-a3 yeforred to the Coniniitteo on Militmy ,Iffairs.
There bci:ig no f iwthrr biisin~+ oii the Pnblic Calendar, Congress
went into secret session; m t l :titer spending some time therein,
adjourned till 10 oclock to-morrow.

JOURNAL O F THE
RRC,RF,T SESSION.

Congress having gone into secret scssion,

The Jollrnal of yesterday was rend and approved.
On notion of Mr. Kenner, it mas agreed that congrrs take a m e b s
from 4 oclock p. m. tJill7.30 O ~ C ~ O Cp.~ Cm.
Mr. Toombs, from %heCommittee on Finance, rcported
A bill to authorize the issue of Treasury notes;
which lvas read a first and second time and ordered to bc placed on the
Calendar and to be printed.
A message mas received from the President that he had approved
and signed
An act to provide for the registration of vessels owned in whole OY
in part by citizem of the Confederate States.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
A n act to establish and organize n bureau in connection TVith tlw
Deprtnlont of the Treasury, to 130 known as the light-house bureau;
An act to provide for the public: defense; and
An act for the establi~hmcntand organization of the Army of the
Confcdcrute States of America.
A message was receivedfroni the President that he had also approved
and sigrieci
An ;tct to provi& for the public defense; and
An act to establish arid organize a bureau in connection with tlic
of the T~CRSLWS,
to bc known as the Light-House Bureau.
Depr~rt~nent
Mr. Stephens offcrcd the following rcsolution:
Resolcetl, That the standing committees of this body on Commercial Affairs, on
the Judicmrv, on Mihtary AfEairs, t i n Postal Affairs, o n Xaval Beairs, on Indian
Affiurs; xntl hn Territories sliall consist of six members, and clie President be anthori a d to fill tlicrn to this number;

which W R agrccd
~
to; and
Tn 1mrsiiimcethereof thc Chair mndc the following appointments:
On Cotnnierciul Afhirs, Mr. Waul; Judiciary, Mr. Oldham; Military
Affairs, Mr. Gregg; Iostal Affairs, Mr. Ochiltree; Naval Affairs, Mr.
Olclham; Indian Affairs, Mr. Waul; and Territories, Mr. Ochiltree.
Mr. &farshall, froin the Cornrriittee on Public Lands, made the following rcport,:
Tho Committee on Inblir Imids, to which WR? referred the resolution instructing
it to inquirc into the prcsent coriditioii of the public lands lying within the Limits of tlw
Confederate fitatcs, and also into the expcdicnrp of disclaiming, by the Confederate
Shtes, all title or right to the same in frtvor of the States, respectively, in which any
public inrids n ~ be
y sitriatod, beg icave to report:

That tho pnblic laiids of the Uiiitcti Statcs of America lying in the States of Loui~iana
and Mississippi have becn vested in tliose States by ordinaiices passed by their respecti% k h t e co1lventioiis; and that the Cominittce on Public Lands of the conventioil
of Aidxima have recoininended to that body thc passage of a like ordinance. Fro111
tho beiit iiiforination thcy can obtain, the coiiiniittee arc oi opinion that those lan,b
arc: not vcry valuablc, and that bnt little if any net revenuc could he derived frotri
thcr salc or tlisposition of them iinder the administration oi this Confederacy, an:;
they, thcrofore, rccoinmend the adoption of the following resolutioii:
A rewlLltlol1 in rclntion to the public lands

- Rcrolued, That Congress disclaiin a i d relinquish any right title on the part
these Confederate Slatcs to the public lands lying in arty of the Sjtates of this Corl01:

01

fedrracy,

On motion of MI-. Slcphciw, the rcbolution was ordered to he placccl

on the Calandar.

ml. o, 1561 1

PROVISIONAL DONGRXSS.

111

Congress procecdcd to the consideration of

A 1)iIl to create the clcrical force of the scveval Executive Departrrictiti of the Confedtlrate Statca of Anierica, and for other purposes,
The first ieiitence of the fourth clause being a\ follows:
To tlic War Departiiient there shall be a cliief of the Uiirrau of War, at a n annual
salary of thr ce thousand dollars, and five clerks, who shall rach receire twelve hundred dollars per annuin.

On motion of Mr. Ncmminger the same was amended by adding

thurvlo the follov ing:
and oiic of tiiciii iiiay be appointed dishurlring clerk, with a n additional salary of
gix liviiidrcd dollar., mho qkiall g i \ e bond with Sureties, to be approved by the
Secretary of \Tar.

The following clause having been read, to vit:

To the Post-Office Departnwnt there shall be a chief clerk, a t a salary of fifteen
hundred dollai 9 per annuni, and ten other derks. fire of whom shall rcceive salaries
each of tn c 1 e~hmidretl dollars, and f i r e shall receive salaries each of one thousand
rlollaih per annuin. h c l there shall be one messenger, a t a n annual salary of five
hundred dollars.

On niotiori of Jlr. Stephens, the same was amended by inserting

after the ~xords there shall be, whew they first occur, the mords
an a i h i h t a n t poinaster-~ent.i.:\1, :it a s:ilary of three thou~:~tid
dolI:~rh,
tlnii.
9 1iv c~!:iuw folio\\ iiig bcing lead, to wit:
r 7

T ~(he
J lkpartiiiciit o f J n 4 t c tlirie sliall he a thief clerk, at a balary of fifteen
,
annual d n r i w shall bo
( i riollai,. 1 annnni, anti thrce other c l w k ~ nhose
eit 11 01 \ e hundrtd dollars, ant1 also a iweqenger at a salary of fi\ c hundretl dollars
per :,111111111.
liniitlic

J I r . Spai.ron moved to aiiieiid the w i l e by striking out the words a

chief c k r k ~ where they first occur, arid inbcrting in lieu thereof thc
n ords an assistant :~ttoriiejr-geiieral, and to strike out thc morcls
fifteen huiidi~ecl>and to insert in lieu thereof tho words *three
thousand, and to strike out the words three otlicr clerks and to
insert the words o m clerk, and to strike out the word cach.
MI*.isbet moved to miend the amendment of Mr. Sparrow by
striking out the words three thoixwnil and inserting i n lieu thereof
the morcl.: two thousand; which n m lost.
J2r. VTit2i(~i*s
rnovcd to strike out the vordb -three: t h o ~ t ~ a i i dand

to i i i s v r l i l l lieu tlicrcof the mords twenty-fire hundrcd: which was

agrcvxl to.
The tuii~iidiiieiitofforeti hy 311..Sp:~rrow.:L\ mieiidrd, w t b agrccd
to. :rud thc clnuw a i anieiidcd i- :I\ follow^:
To thc. I)opartiiir~~it
ot ,I n.tice tlierc sliall
an assistant attoriicy-general, at a
r t ot t\\cant! -fi\ c liuii~lretid o i l n i > per annuin, nnd one other clerk, n hose annual
I j shall 1 ) t~ n (>l\ liundictl doll;tr., and a h t
: mtwengcr, at a salary of fivr linn(1

State, tlw APsistaiit Swgieter, and the Treasurer

M r . Curry mo~-cdto miend 1 ) ~ -striking out the bame and inserting

in lieu thereof tlie followi
lilt Secietary of State, tfic Assistant Secretary of
The annual salari~qor t h e k
tho Treasury, shall be earh the win of three thousand dollars; the Comptroller,

118

JOURNAL 01 THE

[Mltl.

6 , 18GI.

113

Mar. 7, lEF1.1

TEICRSDRT, XAILCH
'7. 1861.
OI'EX PEssIOS.

Congress iiiet pnrsilailt to adjournmcnt.

Prayer was ott'crcd ?JJ- the 1Lci-. M r . Heard.

which was read tt firht iiiiti second time and ordered to be engrossed for
a third
".. reading.
~ l i resolutim,
c
having been read a third timc, was adopted.
Mr. Clayton, from the d'onmittcc on Judicinry, t o whom mas referred
thc hill to define the jurisdiction of t h t Fedcral courts iri certain cases,
reportecl the. ~ 1 1 lxick.
~ :
xlendar and to be printed.
Tlic bill n 3 5 ordcrcd
Thcyc l ~ i n g13.0 b ~ h i l
inaining some time
Congress went into s
therein, adjouriicd till

Congress having gone into secret scssioii,

Thc Joun:d of j-e+wlax w a q I'CRCX and approvcd.
On motion of Xr. hhortcr, tlic re$ d a r orders more postponed and
Coitgrcss procccdcd to tlic consideration of
R ixmluhii in rclativn t u the public lands.
On motion of 111.. Shorter, thc vc.rolutioii 15 a5 :uiicnded hy striking
out the word " (lo~igrcs>" id i n v r t i n g in licu thereof the words
" Cot1fcderate States.
A h . Withcr, oRcrrd t h e Following :~s:L suhstitnte:
j 9

d(t

not design to ta

1111. Broolw iiiowd to r ~ f c Ilir.

~ . report of the committee, together
with thc, s u l ) 4 i u t e uficrcd 1)y 3h. Tl'it1:erh. to the Coiiimittec 011 Judic i s q 9 and thereon de1na11dctl tlic question.
T h e quostion was iiot bcconcicd.
After. further dfbwbbion, on niot;on of Mr, Shorter, the original
resol~rtioiiarid hiihtitute TI-erercferrrd to the C'onimittcc o:i Judieiarj-.
MI..;91o1ton pl"'"entcY1 t o Gongrc
An act passed hy t h e lcgi~!atu~.c,
o f Florid%;
which was refcriecl to thc C'omnittec o n Fiiimw.
A h . Slilci ofi'crccl the foliowing w d a t i o i i :
Reaoh ed, That all inodels or designs for :t fiag of thc Coiifederate States, which have
been referred to the Coininittee on the Hag, be plated in the custody of the clerk of
C J-VOL

1-04-8

JOURNAL O F THE

[Mar. 7,1%1.

Congress, who shall return them to the several authors or contribntors, at their own
expense, whenever they shall apply for the same;

which was agreed to, and the injunction of secrecy thereon was ordered
t o be remoGd.
Mr. Shorter. from the Committee on Engrossment, reportcd as cor-

Mlnl.

8, 1861.1

115

PK()ITISTONA4L CONGRESS.

T h e report was unitnimousl y uoncurred in.

So the Conprws docs advise and consent that A. Dudley Mann be a
cwriniissioner t o the European pon~crsunder thc resolution of Congress passed February 13, 1661.
There being no Purthe
ecwtive business, Congress resumed the
pon the C:ilcndtw.
consideration of the busir

Congress met pursuant to adjourninent.

Prayer was offered 139 thc Re\-. Mr. Yellicer.
The Journal of yesterday was read and appi-oved.
Mr. Wright presented :t letter from KesIey Miller; which was
referred to the Committee on Military Sffairs.
Mr. Clayton, from the Committee on Judiciary, reported a bill to
be entitled
A n act to establish a court of admiraltj and maritime jurisdiction at
Key West,, in the State of Florida;
which mas read R first and second time arid ordcrcd to be placed on
the Calendar and to he printed.
Mr. Sparrow on'ered the following resolrrtiori:
.Resolved, That t h e Committee on Commerc~he iii~trncfedto inqiiire and report
the present condition of t h e custom-houet. i n S r w Orleans, and what repairs, if
m y , are inimediately nccewary to preserrc t h e stame from rlmiage, and also to
report a bill proyiding accoinrnodatioii for the Federal courts in said city, a n d for
the preserratiori of the records thereof;

which was adopted.

Mr. Conrad presented a letter from Alexander Wallcer relative to
proi-iding for the safety of passengers on boats propelled by steam;
which was refcrrcd to the Cornniittce on Coinmercial Affairs.
T'nc i.egiilar orders on tlic Public Calendar were postponed for the
time and Congrcss went into becret session; arid after rernainiiig mirie
time therein, adjourned till 10 o'clock to-morrow.

Congresb liavilig gone into secrct session,

The Journal of yesterday was R : L and
~
approved.
Mr. Anderson hid hcfore Congress a resolution of the convention
of Florida; which nrns ordered t o be spread on the Journal, and is as
follows :
Resolred, That TI e heartily and tlici~ifullyintk
Delegateu in the Pontherii C'ongrcbq at Montgoin
o f mid Delegates.
Passed in conventioii, Frbruary 2 i 7 ,1861.

and coilfirm the action of our

a u riymrted to us by one

, Ah.,

TIT.

s. IIhlZIZIS,

Smetumy of the Concenfion.

Mr. Barn\\ ell, from the Coinniittea on Finance, reported

A bill to create the clerical force of thc S a q Department:
which was read a first arid sccond time and ordered t o lse engrossed
for a third reading.
The bill was then read a third time and passed.

JOURNAL O F THE

[RIar. 8, 1861.

Mr. Conrad, from the Committee on Naval Affairs, reported

A bill to be entitled A n act to provide for the organization of the
Navy; which mas read a first and second time and ordered to be
placed on the Calendar and to be printed.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed arid enrolled
An act to create the clerical force of the Navy Department.
A message was received from the President that he had xpproved
and signed-.
An act to create the clerical force of the Na17y Department.
The Chair laid before the Congress the following communicntion, viz:
.I

Ion. HOWELL
Com,
President o f the Conaress of the Coi%federnleRates of h e r i c u .
SIIL:I hare been instructecl I)y tllch S h t e convcntion of Alabaina to comninriicate,
througll you, to the body oBer M hich you preside, the inclosed resolution
TVith t h e highest respect, I am your obedient servant,

JOHN COUlIlZAN.

The following i:,

the resolution inclosed. i n said coinmunicxtion:
Resolued, That the mcrnhers of the Congress of t h e Confederate States of Anlc4ca
be inrited to seats in the hall of this convention in secret and open session
Attest:
A G . ITORX, ,Yccretc1,.?J.

Mr. Chilton, from the Committee on Postnl Affairs, reported

A bill to organize the Post-Office Department;
which was read a fil*stand second time and, on motion of Ilk. Barnwell,
was rderred to the Committee on Finance,
Congress proceeded to the consideration of a bill to be entitled
An avt>to authorize the issue of Treasury notes.
Lhc sixth section being as follows:
r ,

That sitid Tieawry notes shall be received by the

I t1atic.s aixl tiix(b laid ?)y the authority of the conof Anicricn, of :dl public 1.tntls rold b y said autliority, arid of all dcbts
l o tlic Coni(,clcs1.ifc Stntc-s of hiirric J, o f ,tn! (Iinracter mliatevcr, which may be clur
aii(1 1)2~yil)lv:it1 1 1 ~t i i i r c t M I i w mid Trc.:i~ie offered in paynient thereoi:
iiiid i i p o i i wcry siic~lip:xyinwt credit shall
the amomit of principal and
inter&, if :iiiy, duc. o n the note or notes t
yinent o n the day \+henthe
same ~lialll i : i v c . 1)ccn rccci\ cd b y siich offi
tl,

311.Ioo~ubx
.
moved 10 auiond the h i i n i e t)y inserting :tfter the words
bc offercd i n p:iynient th
f tlic words excepb tlic export duty
on cottm ; which wus agr
to, slid thc scction as amended is as
f ollo\-t3:

except tlie vslwrt dntv on cotton; arid iipori every surh payrnrnt cledit shall be
given for tho nrriount ot print.ipa1 aiici intcIrcLt, if any, due on tile note or l l o t e i
received in payment on thr clny n lien tlic ~ m i shall
e
haye beell received bIr sucll
OfiiCW.

Mr. Memmingcr rnoved to amend the title of the bill so as to make

i t rend as follows:
A hill to authorize tlie issue of Treasury noics, and to prescribe the
purlislinicnt for forging thc same, and for forging certificates of stoclc,
bonds, or coupons;
which was agreed to.

PROVlSTONAL CONGRESS.

Mar. 8,lSCl.]

117
I

A h . Iiartow, ram thc Cornmittec on Military Affairs, reported

A ],ill to he oiititlcd An act ni:Jiin,g appropriations for thc support of 3,000 nien 01 t w e l ~ cnionthh, to 1)c. called into service at
Charleston. S. C., uiidrr the third and fourth sections of an act of
Congress to raisc provisional forces for the Confederate States of
Anicrica, and for other purposes;
lvliich Tvab referred to the Committee on Finance.
Xr. Bartow d s o reported
A bill to be entitled An act rnaliing appropriations for tlie support
of tlic ltegulnr Ariny of the Confederate States of America for twelve
nioiitlis, and for other purposes;
wliich wns also referred to the Committee on Finance.
Congress then took u p for considcration
A bill to be entitled An act to fix thc compensation and mileage of
mcinbers of Congr
The bill bcing AS follows:
The Congress of tlie Confederate States of America do enact, That the pay of m e m b m
of Congress shall be eight dollars per day during the session, and that each member
shall bc allo\i ed ten cents per mile fo
irig to and ten cents per mile for returning
from tlie place where Congress may
nhle tor each session, to be c o n p t e d b y
the nenrest inail route from 1115 residence to the seat of government.

Xh.. Ilill nio\-cd to anicnd thc sanie by striking out the ~orcl;-:
eight
ddI:irs pcr d : ~ jduriiig the bcssion; which was lost.
Jlr. Withers moved to amend by striking out thc words eight dol-

lars and inserting

)

jn

lieu thereof the words five dollars; which was

lost.

Mr. TVaul inored to nmciid the same by striking out thc words ten
cci:ts per mile, ~ h c r ctliej occur, arid inserting in lieu thereof the
words twenty ccntr per mile; which mas also lost, the Stxtes voting
as follows:
Yea: Texas.
Xay : Alabama, Florida, Georgia, Alississippi, and South Carolina.
Louisiana divided.
Mr. loombs moved t o add an additioi~~l
section to thc bill, as
follows:
h ~ c 2.
. I k i t f u r t l t r ~oaactrd, That the pay of the President of the Co~~qrebs
film11 l)e
pcr day, and the ~ ~ mileage
u e a5 the members;

s i Y t t * C i i tlollaii

wlii(~1iw i t 5 :igrced to.

311..
loonih, from the Coinniittcc oii Fiiittn~e,imde the following
report:
Tlic Committee on Finance, to which TI RS referred the resolution to continue the
mints a t icn Orleans and Dahloncga, have considered t h e sanie and instruct me to
rqmi t the m n e back without amciidiiient an d to rcconimend its passage.

R. TOOXBS, Chaimnan.

Congress took up the resolution.

Rlr. Curry moved to r~n?cndthe s:ime by adding thereto thc following n-ords: Pmc,;dd, That the mint at D ~ h l o n c g nbe abolishcd :Lfter
twvlve Iiioiiths; which ~Vasloit.
The resolution was then ordcrcci to be e n g r o s d ; which having been
done, was rcacl a third tiinc and adopted, and secrecy ordered to be
removed therefrom when zipproved by tlic Yresicient.
On motion of X r . Bartow, it ~ z i sordered that the injunction of
secrecy be removed from all acts passed by the Congress and approved
by the President, relative to the organization of military forces for
t h e Confederate States.

[Mar. 9,1861.

On motion of Mr. Harrison, it mas agreed that Congrcsd take recess

from 3.30 oclock p. m. to 7.30 oclock p. m.
Mr. Shorter, frorll the Committee on Engrossment, rc1)ortcd as COYrectly engrossed and enrolled
A resolution to coiitinue the mints at New Orleans and Dahlonega.
Mr. Rarnwell offered a bill to provide for :tn assistanC treasurer of
the Confederate St:ttes of America i n the city of N ~ I Orleans:
I~
which
was read the first and second times.
The provisos as follow:
Procided, That it shall not be nrceqsary that each surety sllall l h t l himself for the
whole amonlit of the hd,h i t the aggregate amonnt for .iVhkh ill(. snreties m e
severally bound shall he eqiial tn 1It(. full siim of one hundretl thousand dollars:
Z+ocrided, That e w h siirety shall be bound for at least t n enty-five thonsand dollars;

On motion of Mr. I3arnwel1, was amended by striking out the

words twenty-five and inserting in lieu thereof the word twe11ty.~
l , a third timc, and passed.
The hill was engro d as a m ~ n c l ~ cread
rho titlo of the bill was then aniended, and is as follows:
A bill to provide f o r i i n iiasistant treasurer of the Confederate
Shtes of America, and a n assistant trettsurer of the mint in the city
of New Orleans.
Mr. I3artov reportcd
A bill to actinit cortain riiatcriitls for the construction of R telcyr:qhic linc .from Savmnah, in the State of Georgia, to F o r t Pixlaski
fren of duty;
which was r w d thc first and second times.
On motion of Mr. Mclttie, the same was amended bx adding the
following aciclitiontil scction, to wit:
l i d be il,fio.tlier etinctcd, That thc materials necessary to construct a telegraph line
froin hIobile to Fort Morgaii inay also be iiiipoitcd free of duty.

Tho bill was engrossed, read t i third tinie a i d passed RS aniended,

under the following title:
A bill to admit ctifain niittcri:~lsfor the constrnction of a telegraphic
lioc fro111S:i\T:illilah, i n the Stlit(?of Georgia, to Fort fulaski, and 2
telegraphic line froin Mobilo to Forl Morgan,
Congross then :djournctl until 10 O ~ C I Oa.C in.
~ to.morrow.

OlTCN SESSIOK.

Congress met pursuant to adjoimment.

Pr:iyer being ofFerctl by ICcv. ih. Ietric,
~ 1 Joul*n:d
1 ~
of y(~~tc~rtl:iy
w:is rctd and approred.
Mr. Molton laid bcforc Congress the following resolution adopted
by the convention of Plorida:
o p l ~qf Jlo~itJ~t
i)!convcniion nsscmblecl, That our delegatioxl to the
lie, :m(l tiltx!. are hereby, requested to bring the subject of the
niaii~tcti:uic.cof miriiie Impitals, liglit-J1011~es,
ctc., within tho State of Florida to
tlic. attentioil of said Coligrehr and nrg( an immediate provii?iou for t h e same.
Done in open convention March 1, 18G1.
WILLIAM 8. ZIARIZIS,
Akcreinny qf tlie Convention.
(Signed)
JOIIX C. McGEHEE,
Iyesident of Convention.

which W N S referred to the Coimnittcc on Cornrnerce.

Mar.

PROVISIONAL CONGRESS.

9, 1861.1

119

procecdcd to the consideration of

1~ cwtitlrcl Lln act to establish n court of admiralty and
K e y West, in the State of Florida.
o i being as follows, tn wit:
cctc Stufr(tp.s do enact, That a court

of admiralty and mari-

S1r. ITithevs ixorcd to amend the same by striking therefrom the

.vc.or.da lirriits 0 1 bounds of said court shitll be, as they occur, and
iu5crting in lieu thercof tlic Jvords said court shall exercise jurisdiction i n ; which was agreed to.
The last sentence of the section as amended reads as follows, to wit:
The said court ~ l i a lcsercise
l
juii-diction in all that part oE the State of Florida a h i c h
lies sonth of a line (Ira\\ ii due eaqt ant1 w e b t from tlic riortlrc~riipoint of Charlotte
Harbor, incluiling tile iqlands, keys, rccfs, shoals, liaiburs, bayb, arid iiilets south of
bait1 line.

The third section thereof hcing as follows:

all C&F?S of atlmiri~ltya i d iiinritinie jurisdictjoa.

Mr. Anderson moved to iill the blank with the words thirty-five
hundred.
Mr. Clayton moved t o insert three thousnnd.
The yuestion being on the largest amount, the iiiotion of Mr. Anderson pwvailed, the States voting as follows:
Yea: Florida, Georgia, Louisiana, and South Carolina.
Nay: A1nb:inin n i d Mississippi.
Divided: Texas.
The s e m i t h section bcing as follows:
SCC. 7. The said judge shall also appoint for said court a fit person, learned i n the
lav , t o act as attorney for the Confederate States in all matters touching their interest,
arid i n all climes arid offenses against their lans. IIe shall rcceix for his services a
salary of
per a n r ~ ~ npayable
i,
quarterly, and the further snm of five dollars
A day for each clay that lie may atteiitl said court when i n actual session.

A h . Clayton m o ~ c dto fill t h e blmk with the Words two hundred

[doliars]; which W : L ~ngvecci to.
Mr. Clayton olici~dtlic following as an additional section, to be
section 10, to wit:
either mesne or final, v, hich shall issue from said court, shall
of miti court, and shall be under the seal and signed by the
i,

clerk thereof;

which was adopted.

120

.JOURNAL OF THE

[Mar. 9, 1SG1.

The bill as antended was then ordered to be engrossed f o r a third

reading; which having been done, the bill was rend n third time and
passed.
The other regular orders on the Public Calendar TVCPC postpond for
t h e tiaio and Congress wont into secret session; and after remaining
some time therein, adjourned till 10 oclock Monday next.
SECRET SESSION.

Mar. 9 l i 6 l . j

PKOVISIONAL CONGRESS.

121

i h act t o admit certain niaterials free of duty, f o r the construction

o f telegraphic liiles f m n S:?v:tiinah, in the State of Georgia, t o Fort
lt'nlaski. and from Mobile, in Lhc State o f Alrthaina, to FortMorgan; and
An act further to prm-ide for the organiziation of the Post-OfEce
Depdrtiiieiit.
A messagc was received from the President that he had approved
and signed
An :wt t o a d h i t cei-ttiin materials free of duty, f o r the construction
of telegrapliic lines from Savannah, in the State of Georgia, to Port
Puiaski, and froin Xobile>i n the SLMtc of RI:~Sarna,to Port Morgan;
An act to aathorizc the issue of 'Crrasnry notes, and to prescribe
the punishment for orging the same nnd for forging certificates of
btocli, bonds, or coupom;
A n act to provide for an assistant treasurer of the Confederate
States of Bnierica, and R treasurer for the mint in the city of New
Orleans ;
A resolution t o continue the mints at Xe-vr Orlcans and Dahloneglz;

:1lso

An act furthw to provide for the organization of the Post-Office

Dcpttrt riient ;
CI ccy on .;r-liich last-nnmd :\ct 11 a5 ordered to be r e r u o r d .
> Chair h i d i!eforc c'onge>js two communications, OlJe of which
n a , wfoiretl to t h Committee 011 Military AfEdirs aiicl the other to
tho Coinrriittc~on Fixmca.
hfr. Shorter, from the Committee on Engrossment, reported as coyrectly engrossd and enrolled
An act niiiliing appropriations for the support of 3,000 men for
twelve montbs, to be c d e d into service at Charleston. S. C., under
the third :tnd fourth sections of an act to raise provisional f'orccs for
the Confederate States of -4mericn, and for other purpoies; d s o
An act to fix the pay of the members of the Coiigress of the Confederate States of America.
MI.. Cobh introduced the following bill:
A bill

111 relaticin

to Smndnv mil service.

Smrrov 1. The Congrrss qf the G'onfcdemte &'kites c70 enact, That the Postmastercontracts for carrying intds xithin the Conty contractor to c.an-y or rlrliwr any mailr on
p i t y postmaster to iiiake up. distribute, recehe,
open any p""-o!fict~ 0 1 1 that clay.
* the bill to the Committee on Yostal
thc iiist.mce of South, Caroliiia. the ypm :md nays
thereon n'ere taken :md wcorded, a<,follon 'i:
hlabarna Yeti: Messrs. n'alker, Sinith, Curry, Hale, and NcRae.
. Chilton, Shorter, and F e a m
Florida -Xay: Nessrs. Morton aiid Andeyson.
(horgia- Nay : Alesm. T o o i i h , I I o w d l Cohh, Bartow, Nisbet,
Hill, JTright, 'ffhoniss K. K. Cohl,, and Stcphcns.
Louisiana divided-Yea: ,\Pessrs. I'erlrins, Kenner, and Sparrow.
Kay: Alessrs. Dc Ctouet, Conrad. and Aiarshall.
Missishippi- Yea: A3 essrs. Barry and Harrison. Nay: hIiessrs.
Ha1*ri>j3
T i l s o n , and Cla~7ton.
South Carolina divided-Y ea: 1\icssrs. Chcsnut, Niles, Withers,
and Boyce. Nay: Messrs. Rhett, Barnwell, Keitt, and Memmiuger.

JOURNAL OF THE

[Arm 11, 1581.

f the States of Louisiana and Texas rcxcog-

eedoin of religious action ' 0 worship their

hey think proper, the contract? for czirrying
11 the provisions of this act.

to lay on the table mas lost.

The yeas and nays of the entire body mere ordered to l t c takeii,
art3 88 f O l l O N S :

:lid

A]abama-Yca: Biessrs.Walker, Smith, aid ;\ilcI<ae. Nay: 32

Curry, Chilton, Hale, Shorter, and Fcarn.
Florida-Nay: Mossrs. Morton nncl Anderson.
Georgia-Nay : Messrs. Toombs, IIowcll Cobk), lZ:wtow, Nisbet, IIill,
Wright, Thomas R. R. Cobb, a n d Stephens.
Louisiana-Yoa: Messrs. Pcrkins, I h Clout%, Conrad, Kenn(?r, Sparrow, and Marshall.
Mississippi-Yea: Messrs. Wilson, Ihruy, find H a r i k n . Nay:
Mcssrs. ISarris a n d Clayton.
South Carolinii divided-Yea: Messrs. Chesnixt, Niles, Withers,
uncl Boyce. Nay: Mcssrs. lthctt, Barnrvell, Iicitt, and JIeiriiniiigcr.
Texas- Yea: Messls. i-kag':tn, \V:wI, Grcgg, and Ochiltree.
Yen: Louisinn:i, lhsissippi, and '~'(~xHs,
3.
Nay : iilsimrna, Floricla, :mil (:eorg.itb, 3.
Divided: Soiith CiLrOliiifi? I.
On motion of i i r . Colh, the bill arid :uncndrncnt T V C ~ Cthen rcfcrred
to t110Ooniniittro 0 1 1 l'&itl Alhirs.
$11.. Ikwtow, f i o r i i tlic C:oniniittcc: 011 Militziry Affziirs, reported
A hill tLlkIon(kLt01')' of :in :tc.t for thc orgtuiization of the staff departments of tlic ilriny, iind an :wt, for the cstd)lislinicnt :ui(L organization of tho briny of tht) Confctdcrate S t : h of' America;
which mts road a. first : L I socotid
~
tiitic and ordered to be placed 011 tho
Cn1enct:w mid to
priiitcd.
Mr. lhrtow, froin thc Coininittee on Military RfFttirs, also rcported
A 1 4 1 d h g apl)roi)i*i:it,ionsto c ~ a w out
j
t h e provisions of an 2Lct
to proviilc for tho )iil)liv defcnsc;
~ h 1 ~ WN
1 1 m f < > l ~tot t h Couiiiiittcc 011 Fin:&iic.e.
On niotion of Mr. IVithct~s,
Congress :djourncd till 10 o'c.locl< MoildiLy next.

OPEN SE8SION.

CongresR mot pnrsuani, to adjournment.

l'rt~ycr WLLHoffcrcd by the Rev. Dr. hfsnly.
Tho Jouriial of Saturday was r e d and approved.

PROVIPIONAL CONGRESS.

Mar. 11,l R G l . 1

123

The Chair laid bcfore Congress the following communication and

resolution; which, 011 motion of M r . Wright, were ordered to be
spread upon the c J o i i r ~ dto
, wit :
S-lvnrran, Gh.,i\farchS, 1861.

Hon. HOWELL
CORE,
Pmident, rtc., illontgom~ry,Am.
SIR: Under authority of the convention of Gcorgia I am instructcd to lay before
the Provisional Congress the invlosetl resolution.
I have the honor t o be, your obedient wroant,
A. lb. LAMAR, Secretary.

The following
is the reso1ut;ioir:
._
CORTESTIOSOF GEORGIA,
, ~ c w m u z h ,&., ikfarclk 8, 1861.
Resolved, That the people of Georgia in convention agsembled most heartily approve
t h e election, by the Congress xt Montgomery, of t h e Hon. Jefferson Davis to the
Presidency anti the Hoii. A. 1. Stephens to the \ice-Presidency of the Provisional
Government of the Confederatc State? of America, the duties of which positions their
distinguished public ser\-icvs and acknowledged abilities eminently qualify them to
discharge.
A true extract, fro111the minutes.
Attest:

Mr. Withen o f f e i d tlic followiiig rtsolution:

A reqolutiori ncccpting (eit,rin fnnds t i w l f w c l to the Confederate itates by tlie State of Louisiana

Wherem the cuiivrrition of tlic State of Louiriaiia has adopted a n ordinance as

follows, to wit:
An ordinaiicc to transfcr certain fiitlds to the Government of the Confederate States of America.

SECTIOS
1. I t is hereby ordained that the sum of thrcc hundred and cighty-nine
thousand t n o hundred and sixty-scvcn and forty-six one huiidredths dollars, now in
the hands of A. J. Guirot, State depositary, and known as the Bullioii fund, be
transferred to the Gorcriiment of t h e Confederate States of America, and that said
State depositary be, arid he is hereby, anthorized and instructed to pay said suiii upon
t h e order of the Secretary of the Treasury of said Confederate States.
SEC. 2. I t is further ordained, t h a t the sum of one hundred and forty-seven
thousand five hundred and nineteen dollars and sixty-six cents, being the balance
received by said State depositary from the customs since the thirty-first Januar last,
be transferred to said Government and paid by said depositary upon the orcfeer of
said Secretary of the Treasury of the Confederate States: Be i t therefore
R e s o l d hy the Corigwes of the Confederate Xtntea of ilinerictr, That the Congress
accepts with a high sense of the patriotic liberality of tlie State of Louisiana, the
funds so generously tendered to tlie Treasury of the Confederate States, and proffered
i n the ordinaiicc aforesaid;

which resolution w i s agreed to.

Mr. Harrison presented a. letter from A. M.Dowliiig relative to the
structurc of certain buildings; which was referred to the Committee
on Finance.
Mr. Ochiltree offered the following rcsolution:
Resolved, That the Committee on Finance be instructed to inquire into the expediency of exempting from duties all railroxd ears, tenders, iron chairs, spikes, and,
generally, all the fixture3 necessary to the building anti equipping railroads, which
were purchased in the United States for the benefit of railroads in the Confederate
States prior to the twenty-eighth day of February, A. 1>. eighteen hundred and
sixty-one;

which was adopted.

Mr. Hemphill, one of the Delegates from the State of Texas,
appeared, took the oath to support the Constitution, and signed the
roll of Consress.
J

124

JOURNAL OE TEE:

[>far.11, 18Gl.

Tho general orders on the Public Calendar were postponed f o r the

present and Congress wont inlo secret session; :ind after remaining
some time thercin, acljonrnod till 10 oclock tomorrow.

11Iar. 12, 1Ptil.I

PROVISIONAL CONGRKS8.

127

EXECUTLVI; SESSIOK.

The Congress haring gone into executive session, the following

conimwicatioii was receil ed from the President:
EXECUlIVE nEPARTXEET,

Montgomery, A h . , Xcirch 11, 1861.

SIR: I hcrcw ith t r s i i ~ n n tfor t h e aiivicc and coiiseiit of the CongrcTs the nomination of A. J. (;uirot, of Louisima, to hc aspistant trcasurer of the Confederate
Statcc, anti treasurer ok t h e m i n t at New Orleans.
JEFFEIZSOK DAVIS.

so and consent to the nomination above

coininunicated ?
It n a ~unirniinousiy decided i n the affirmative.
So the Congress does advise and consent that A. J. Guirot, of Louisiana, be assistant treasurer of the Confederate States, and treasurer
of the mint at New Orleans.
There being 1 1 0 furthcr cxccutivc hsiness, the Congress resumed
the consideration of the business upon the Calendar.

TUESIUY, M A ~ C 12,
H 1861.
O P E N SESSION.

Congress met pursuant to adjournment.

Ir:tyer was oficrcd up b y the licv. Mr. Cobbs.
The Journal of ywterdny was read m d approvcd.
Mr. IYright laid before Congress :t incmorkl from the New Mexican Ttuil way Company ; which was referred to the Coniinillee on
Tcrritorjcs.
MY. Withers offered the following resolution :
I k s d z e d , That when the printers of Cougeur shall have prepmed an edition of
the Inns and resolutions directtd to be publi~hed,the Secretary of (;oiigrebu do
transmit onc copy of t h e 8a1iic to each iiirrnbcr of tnis body;

which mas agrecd to.

The wgiihr order on the Public Calcndnr TVRS postponed for the
went into sccret session; and after reniaiiiing some
tinic m d Congr
tiiiie therein, adjourned till 10 oclocli tomorrow.
SECRET SESSION.

Congrcqs having gone into Rccret session,

The Journal ef pstcrday W:LS read and approved.
The unfiiiishccl busincbs v as postpoiied for Ihc: time, and
Mr. Yoornbs, froin the Coiniuittec on Finance, reported
A bill to be entitled An act to regulate foreign coins in the Confederate States;
\vhich was ordered t o lie on the table for the present.
The unfinished business \\as then taken up, it beingA bill to be entitled An act to establish the judicial courts of the
Confederate States of America.
The bill was considered by sections.

JOUXNAL OF THE

128

rim. 12, MFI.

The second section being 8s follows:

sEC.
2. yliat each of the Confederate States shall constitute one district, i n .ic-hich
there shall be a court called a district conrt, to consist of one Judge, who b h d l r m d c
in t h e State for wllieli he IS appointed, and shall receive a salary of three thousand
dollars a pear, payable quarterly.

Mr, MTaul moved to stinend the same by strikirlg out the word
three, svhere it occurs, and inserting in licu thereof the T Y O L . ~ ~ Y C .
MY. Harris demanded the question; which mas secondcd, and thc
motion was lost, tho States voting:
Yca: Louisiann and Iesns, 2.
$Jay: Alabama, Jilorida, (horgia, Mississippi, and South Cwolina, 6.
Mr. Spxrro~vino\red to niiiend tho snmc by strikillg out tho words
of threo tho~xsnnddollars :iycau, payable quarterly, and inserting
of tbtl following words: equal to that paid to a judge of
the court 01 the highest jurisdiction i ti tho St:ito whc~rcIIC rcsidm.
1\11.. ililciiiiriingcr ofhred tho following as R substitute for thc proposition offcrcd hy Mr. Spwrow, vix:
(6

Eac21of 111~
judges shall rccciw a d a r y of four t l ~ o n a a n ~dollars,
l
except tlrcl jiidqe
for thr district of T,ouisiana, I\ 110 shall rcceivc t h ( s sniric rtiuount of salary as is piid to
the higliest judicial officer under the State government of Jmiibiana.

MP. Ochiltreo dcinanded the q u c d o n 011 the suhatilutc; whicl~TWLS

secondad,and thc, motion was lost, t h c Shtes voting 8s follows:
Pen: Louisituui, l?rsn.i.
Nay : Ald):ti~ia,Florida, Grorgis, Mississippi.
IXvidctl: South Giro1in:i.
The qurstion rccuri-iig on thc ruotion of MI-.Sparrow, Mu. To0112bs
il~~ni:urtlcdt~lic1.cwiithe qiiwtion; which W:LS sccondcd, and tho iilotioii
ion

:ts

nnictidtd i.:

ill&t (%(~Ilof 1I
i l l ( ~ I . ( xl1:llI
~
I)<* :I (YHlrt (%I
i i i t l i v H t ~ t i I, i i r \I t i i c 11 / I (
lo .I , j i i t l c c s if t l i c s conil ( i f

SlCC~.2.

ltio

Io,iitli

:LS

follow^:
one district, in \\-hicli
idgy, 11ho sliall rmidc
xry c q u d to tlmt paid
rc4tlc5.
(tic-tioii 111 tiic 8t:itit wlic,rc.

htct?ioii Iwhg :LS f o l i o ~ h :

~y :ippoiiit, :IS iiiaiiy d(yntlcJs

11zi11 1)cbound :IS for his owi.

PROVISIONAL CONGRESS.

Xar. 12, 18Gi.l

129

The tenth bection being as follows:

Scc. 10. The disti ict coui ts shall have juridiction, concurrent with the courts of the
sereral State., of all civil suits at common la\%or in equity where the matter in dispute,
exclusiveof cost<,exceeds t h e mmorvaluc of fi\ e thousanddollais, and where the character of t h e parties is such a5 by the constitution to authorize said court to entertain
jurisdiction. But no person bhall be arrested in any such suit in one district for trial
in another; and no civil suit shall be brought before any of said courts against an
inhabitant of the Confcdcratc States by any original process in any other district
than that of which he is an inhabitant, or in which he shall be found at the time of
suing t h e writ; nor shall any district court have cognizance of any suit to recover
t h e contents of any promihsory note, or otlii r choLe in action, in favor of a n assignee,
a s u i t might ha\ e been prosecuted in such court to recover such contents if
gninent had been made, except i n caseq of foreign bills of exchange.

Mr. Clayton moved to amend the same by inserting after the word
where it first occurs, the words o r summoned, and to
further amend so as t o make the sentence read: But no person shall
be arrested or summoned i n any such suit in one division of a district
f o r trial in another, etc. ;
which was agreed to.
On motion of Mr. Clayton, the section was fnrther amended by
striking o u t as they occur the words, to wit: or in which he shall
be found at the time of suing the writ.
Mr. V a u l moved t o amend the section by inserting after the word
c c assignee, whcra it last occurs, the words o r transferee, and to
jJNfTt after the ~ r o r dawignment, where i t last occurs, the words
o r transfer; which was agreed to, the States voting as follows:
Yea: Alabama, Florida, Louisiana, and Texas.
Kay: Georgia, Mississippi, and South Carolina.
Mr. Smith moved to amend the same section lip striking. out the
words five thousand dollars, where they occur, and inserting in lieu
thereof the worclu five hundred dollars.
Mr. Tooixibs clenianded the question; which was seconded, and the
111otion was lost.
Thc section as amended is as follows:

arrested,

SIX. 10. The district courts shall have jurisdiction, concurrent with the courts of
the several States, 01 all civil suits at ~uiiiiiio~i
law or in equity where t h e niatter in
dispute, exctusixe of costs, exceeds the bum or \ d u e uf ii\ c thouband dollars, and
where the character of the parties is such as by the constitution to authorize said
c m r t to entertain jurisdiction. Rut no person shall be arrested or summoned in
any such mit in one tliviaion of a district for trial in another; and no civil suit shall
1)e Ixouglit bcforc any of baid court8 against a n inhabitant of t h e Confederate States
by any original process in any other district than that of which he is an inhabitant;
nor shall any diqtrict court hare cognizance of any snit to rccovcr thc contents of
any groniissory note, or other chose in at-tion, in fa\ or of a n acbignee or transferee,
unlcis a suit might have been prosecuted in ~ w court
h
to recover such contents if
no assignment or transfer had been niade, except in caws of foreign bills of exchange.

Section twelfth was postponed for the time.

On motion of Nr. Miles, the further consideration of the bill was
postponed for the time, and Congress took up
A hill uniendatory of an act f o r the organization of the staff departments of the Army, and an act f o r the establishment and organization
of the Army of the Confederate States of America.
O n niotion of Air. Mile$, the fourth section wms stricken ont and the
following inserted in lieu thereof, to wit:
SEC.4. rind he i t further enacted, That in all cases of officers who have left, or who
may within six months tender their resignations from the Army of the United States,
C J-VOL

1-0&-----J

JOURNAL O F THE

130

[Xar. 13, 18bl.

and ,3ryh0 have been or may be appointed to original vacancies in the 1lrmY Of the
Confederate states, the commimions issued shall bear one and the
elate, 8 0 that
the relative rank of officers of each grade shall be determined by their former coinmissions in the United states Amy, held anterior to the secession Of these Confcderak States from the United States.

same

The bill as amended was then engrossed, read a third time, and
passed.
Con ress then proceeded to the consideration of
A bi 1 to regulate foreign coins in the Confederate States.
The bill was ttLken up by sections, was ordered to be engrossed;
which having been done, was road a third time and passed.
Mr. Barnwell moved that Congress take a recess till 7.30 o'clock;
which was lost, the States voting as follows:
Yea: Georgia, Louisiaua, and Mississippi.
Nay: Alabama, Florida, and Texas.
South Carolina divided.
Mr. Ochiltree offered the following resolution:

A resoliltion to authorize thc employment of a ppeqlal messenger to Texas to carry a copy of the

Constitution.

Rnolved, That the President of this Congress do forthwith employ a special incssenger, by whoin he shall transmit to the president of the convention of the people
of the State of Texas, in session at Austin, in said State, n certified copy of the Constitution of the Confederate States, and that said messenger, upon the certificate of
the president of said cvmvention in Texas of the faithful discharge of his duty, shall
be entitled to receive the sum of one hundred dollars, to be paid out of any money
in the Treasury not otherwise appropriated;

which wils read n first and second time, engrossed, read a third time,
and passed.
Mr. Sparrow moved to take up for consideration thc resolution on
t h r table rclntivc to thc adjournment of Congrcss.
The iiiotiori was lost.
h iiicssage TVXS receivcd froni the Ir'rcklcnt that hc had approved
RINI nigncd
An act intikin uppropriatioris to carry out the provisions of an act
to 1)rovitlcfor !ti e public dcfcnse; also
A rcsolution providing for a digest of ltirvs.
On motion of Mr. Withers,
Congress adjourned till 10 o'clocl~to-inorrow.

WI3DEU'ESI)RY, MAIMXI18, 1861.

01'1':N

SldSSION.

Congrcss iiict pursimnt to tdjotirnmcnt.

aft^ PIYLJ'P~,the ,l(>rlrndof ycstCrd:qr
read and approves.
Mi.. t h r y laid hefore Congi.
certain expense accounts against
tho Chnfedenbtt~ St:itc>s; which rnt~rerefcrrcd to
Committee on

AW0141~th.

0 1 1 JllOtionOf ;R/Ir. SpWrOW, h'h.

Clouct was excused from scrvicc
ti the Conimittecs 0 1 1 R c ( ~ ~ u l t s Co111111prcial ,lfiairs.
MI'. elltytorl I)reSC!?ltCd 1ctte1'; which was ordered to
spread on

the *Jourtid, and is :is f&)ws:

S.umi, MISS., March 9, 1861.

JIWG
I.: C:r,.\rTos: Inotice that the Afontgon~erv('orgress has authorized a loan, but
JIRVO PCW rioth~ngfurthar 011 the subject. I iure just tendered Governor Pettus

SS,OOO for t h e use of our State, and have about the same amount in the han& (J[
1;. )I. Apper-on b Po., of Memphis, which is a t the service of t h e Confederate Gtates
of > h e r i c a .
Your*, truly,
F. S. LEAK.

Congress, on motion of illr. Yerkins, went into secret session; after

remaining some time therein, adjourned till 10 oclock to-morrow.
SECRFT SESSIOX.

Congress having gone into secret session,

The Journal of yesterday was read and approved.
On motion of Mr. Barnwell, Congress proceeded to the consideration of the resolution relative to the adjournment of Congress.
Mr. Sparrow moved to amend the resolution so that the adjournment would extend to the first Monday of June next.
Mr. Clayton demanded thc question; which was seconded, and the
motion was lost.
hlr. Me moved to amend the same by striking out Thursday, the
f oui.tecnt h instant, and inserting in lien thereof Saturday, sixteenth
instant; which was agreed to.
The question recurring on agreeing to thc resolution as amended, at
the instance of the State of Louisiana, the yeas and i i t l ~ eof the entire
Imdy ncre orileued to bc recorded, and are as follows:
Al:~t-):uiia--Yca: Messrs. Smith, Chilton, Hale, McRae, and Pearn.
Say: Mr. Curry.
Florida-Yea: Messrs. Morton and Anderson.
Georgia-Yea: Messrs. Howell Cobb and Wright.
LouislaniL-Y ea: Messrs. Perkins, Conrad, and Sparrow.
hiisissippi-Yea: Messrs. Wilson, Clayton, Barry, and Harrison.
South Carolina-Yea: Messrs. Rhett, Barnwell, Chesnut, Miles, and
I3oycc. K ~ J - :Mr. Withers.
Texas-Ye&: Messrs. Q7aul and Ochiltree. Nay: Mr. Hemphill.
On motion of Mr. Wright, Mr. Crawford was excused from further
servicc on tho Commi
Mi-.
TJ7ilson,from tho Coniinittec on Engrobsnient, reported as correctly engrossed and enrolled
An i d ainendatory of an act for the organization OT thc Army, and
an act for the cstablishment and organization of the Army of the Confcderato Statcs; and
A resolution to autliorizc tlic employment of a special messenger to
Jexas to carry a copy of the Constitution.
On motion of 3Ir. I3ariiwel1, the injunction of secrecy was removed
froin the provi4oiis of the bill reported from the Committee on Finance
relative to tariff.
Cougrcss then proceeded to the consideration of the unfinished husincus; which \\as tlie
Bill to cstablihh tlie judicial courts of the Confederate States of
An>crica.
MI.. Moi*ton,at the instnnce of the State of Florida, moved to rcconsidcr the \-otc by which Congress refused to strikc out the words three
tho~sancl~
and insert in lieu thereof the vords five thousand.
Mr. Norton demanded thc question; which was seconded, and at the
instaiicc of the State of Florida the yeas and nays of the whole body
were recorded, and are as follows:
Ala1)arnn divided-Yea: Messrs. Smith, Chilton, and McRae. Nay :
Messrs. Curry, Hale, and Fearn.
, I

JOURNAL OF THE

132

[Mar. 13,1861.

Florida --Yea: Messrs. Morton, Anderson, and ( h e n s .

Georgia-Yea: &Jr.Wright. Nay: Messrs.roomh and Howell Cobb.
Louisiana-Nay : Messrs. Perkins, Conrad, and Sparrow.
Mississippi divided-yea:
Afessrs. Wilson and Clayton. s a y :
MMessrs. h r r y and Harrison.
South Cnrolina-yea: Mr. Boyce. Nay: Meusrs. Rhett, Barnwell,
Chesnut, BIiles, and Withers.
rrcrAs-yca: Messrs. Temphill, Waul, and Ochiltree.
Yea: Florida and Texas, 2.
Nay: Georgia, Louisiana, and South Carolina, 3.
Divided: AIaLbarna and Mississippi, 2.
By consent Mr. Conrad, from the Committee on Naval Affairs,
reported a bill to authorize tho purchase or construction of ten gunboats; wllich was read the first and second times, put on the Calendar,
and ordered to bo printed.
Congress resunicd consideration of thc bill to establish the judicial
(murts of the Confoderate Slxtcs of America.
Tho cighteentli spction heing as follows:
6 1s~.18. tlic judges of the several district courts may, each for his oiv11district,
appoint as rnany coinmisuioriers as he may deem necessary to administer oaths and
take aclriioviledginents of deeds or other papers and take depositions, 11hic.11 acts of
such coniniissioncr hall hare tlic. .miie force and effect in all the Confetlcrxtcl States
aiid the courts thcreof as if donc by a judge of such court. And any person smearing falsely in any oath or ninttcr before such cornniissioner shall, upon conriction,
be liable to thc S ~ J I I O piinishment as if the oath had been made before such judge.
And the m n e fees shall be allowed such commissioner as are allowed for similar
scrvicea hy tlic 1;tws of tlic State in which they arc performed. All thc powers and
authority conf(~rrctli n ztnd by the preceding section are hereby vested i n ant1 iriay
t x cserc-isctl by m y legally appointed notary public in any of the Confederate States
or ;my of tlw iinited Statex

hl I*. i : l : ~ ~ l o nnioved to itmend the sanie by inserting betwccn the

words otlioi- t w d tlistrict the words division or, and by :Icldirlg
t i f l c r 11w words i n whicli Iic residcs the words nnd when his nttcnda r i w u u i not be p~*ocured)
h i s ticpositions may he takcn; which was
II greed t 0 .

Mr. CI:iyt,on moved further to ~ i i i ~ n tby

l adding to the end of the
section tlic lollovv.ing words, to wit:
oarts may, tdso, on application thereto as R court of equity, direct
11 to J>crpctliatttestiniony relating to niattcrs cognizable:i n any
C t h v tonfeti(~ra1c.
S k t c s ; snch depositions to bc taker1 nccbrding to the laiv aIld
~ ~ ~ i c r t i cill
~ ctlic
r State in whir11 the ortfex is mcde.

Itw inolioti prrvnilccl.

MI*. C O I I I ~Itloved f t i r t h w to :irncncl the section as nineiided by
ndtling tlicucto ihc folIowing provi.;o:
etl, 11inf i n lmisituiii t w f Texas tlcpositions iuay in all caPes be taken accorcttilta Ill\\H I Y i ~ l i ~ : l Ill<\
k l ~l)r:ictic,c
~
of thc liighcst courts of original jurisdiction

fllOht

StatcY4;

whioh W I ~ S i 1 g t . d to.
Ih(3 1 ~ cltlits(
1
of 4 1 1 ~cightccnth section, on Inotion of ~ r Spar.
r<)\V, \ V W Ill~lcltldedf)g:lddhg aftor the word conferred
the ~ ~ ~ o r d s
i O I l P l % ) :Lnd by striking out
word (section 3 7 and
inxerliiig in licu tlicrcof the word 6 &~uqe.
0 1 1 nlotioll of M r . W d , the clausc WRS further amended by striking
oltt! 111t. \.\.~lds
* 01 ; ~ n y
of the IJllited States.)
))

PROVlSIONAL CONGRESS.

Mar. 13, 1861.1

133

The c1:tuse as amended reads as follows:

public iii any

<if

icirity conierrcd on commissioners i n and by the preceding

i n , arid nlay lie exercised by, any legally appointed notary
the Confederate States.

Soct,ion 19 heing a s follows:

I n all the courts of the Confederate States tlie parties shall be heard either by themselves or counsel.

On motion of Mr. Spnrrow, the same was anierided 1.q- inserting

after the words t h e parties shall the words have the right to.
Section iZ0 having been read as follows:
81:~.
20. Where judgments are a lien upon the property of the defendant in any of
t h e Stat.c:s, they shall have the same lien when rendered in one of the district. courts
of tlie Confeclerate Sta.tes as if rendered in a State court,, and he subject, t,o tlie same
riilw a s to enrollmentl or recording. A r i d the lien of executions shall be t,he me as
in the courts of the State where such district court sits.

Mr. Clayton moved t o amend the same by inserting after th e first

words when jud ments are a the words mortgage or, and after
the words t he y s all have the same the words effect oi, and after
the words rules as to enrollment o r recording the words of jndgiiients or abstracts of judgments; which was agreed to.
On motlion of Mr. Smith, the scctioii was further airiended by adding
thereto the following words:

Ei;

But i n all cases of c,oiifiict between levies of process from the State and Federal
<xJurts,the first levy shall have priority.

The section as auieiided reads as follows:

Whcrc judgments are a mortgage or lien upon the property of the defendant in
any of the States, they shall have the sanie effect or lieii when rendered in orieof the
district courts of t h e Confederale States as i i rendered i n a State court, and be subject to the Hame rules as t o enrollrneiit or recording of judgments or abstracts of
jutlgi-nents. And the lien of executions shalt be the same as in the courts of the
State where such diatrict court sits. But i n all cases of conflict between levies of
process from the State and Federal courts, the first levy shall have priority.

The second and last clause of the twenty-first section being as

follows:
I n all suits in equity the testimony shall be taken in conformity to the law of the
State for courts of the highest original jurisdiction in equity i n such State. Anti the
district courts may also, o n application iriade thereto as a court of equity, direct
ticpositions to be taken to pcrpet,uate testimony relating to matters cognizable in any
court of the Confedcrate St.ates, snch depositions to be taken according to the 1a.w
and practice in the State where taken.

3Ir. Clayt.ori moved to strike the same from t h e hill; which was
sogrecd to.
The twenly-swoIid section being as follows, to wit:
SEC22 Vherc i n any wit at IILW there arc two or more defendants, plaintiff
may dismiss his snit as to any one or more and proceed against the other.

On motion of Xr. Chilton, th e same was stricken out.

The twenty-eighth section being as follows:
SEC.28. Every mistake, omission, defect, or imperfection i n thcprocess, declaration,
pleading, or any of the proceedings in any cause, or in t h e judgment, shall be
amended from time to tiinc, at the instance of either party, bo as to secure a trial
upon the merits arid that justice may be done, subject to any rule for the costs of
amendment 5%hich the judge may impose.

On motion of Mu. Waul, the same was amended by inserting after

the words b 6 at the instance of either party, as they occur, the words,

Mar 13, lSC,l.]

PROVISIONAL CONGRESS.

135

from his place of residence, to be computed upon the most usual line of travel; and
i n case of the absence of such attorney from auy term of the court, the presiding
judge may appoirit a fit person tu act for him for the term.

hfr. Memniinger offered tho following as a separate section, to be t,he

thirty-fifth beetion, to wit:
SEC.35. The laws of the several States abolishing imprisonnient for debt and providing relief for debtors held i n custody shall take effect in favor of all persons held
in custody for debt under the process of t h e Federal courts of this Confederacy;

which was agreed to.

The -section bcing read, Mr. Sniith moved to amend the same
by inserting after the words execution of the sentence or judgment,
where they occiir, the words, viz: upon the execution of such bond
as may be required by the State lsw in similar cases; which was
agreed to.
Mr. Memminger moved to amend the section by striking therefrom
the words, as they occur, viz: or imprisonment in the jail o r penitentiary, or fine of one thousand dollars or u wards; which was lost.
Mr. Conrad moved to strike out the wor dps the jail or and also
the words or fine of oue thousand dollars or upwards.
The motion prevailed.
The forty-first scction being as follows, viz:
SEC.41. Final judgtnetitv and decrees in cil il actions, and final decrees in equity in a
district court, m h c ~ t ct h e matter in dispute exceeds i n value the sum of five thousand
dollarM exclusive of costa, indy be reexamined and reversed or affirmed upon a writ of
error i n t h e Supreii>eCourt, the citation i n such case being signed by a judge of the district court or of the Supreme Court, and the adverse party having at least thirty days
notice. Writs of error shall not be brought but x-ithin two years after rendering or
paming the judgment or decree complained of, or in case t h e person entitled to such
M rit of error be an infant, feinnie covert, non coiiipos mentis, or imprisoned, then
within two years, as aforesaid, exclusive of the time of such disability. And every
judge signing a citation, or any writ of error, as aforesaid, shall take bond, and good
and sufficient sureties, that t h e plaintiff shall prosecute his writ with effect, and
answer all costs if h e fail to make good his plea; and n o writ of error shall operate as
a supersedeas and stay of execution, unless such bond be with sureties and of sufficient amount to secure t h e whole judgment, if it he affirmed, in addition to the costs.
And the said court shall have power to appoint a clerk, who shall take the oath prescribed for the clerks of the district courts, and give bond for the faithful discharge
of his duty, in such amount as said court mav direct.

On motion of Mr. Clayton, the same was amended by adding

thereto the following:
whose fees shall be the same as those now allowed to the clerk of the Supreme Court
of the United States.

Mr. Sparrow moved to amend the section by striking therefrom the

following words, viz:
or i n case the person entitled to such writ of error be an infant, femnie covert, non
compos mentis, or imprisoned, then within two years, as aforesaid, exclusive of the
time of such disability.

The motion was lost, the States voting:

Yea: Louisiana.
Nay: Alabama, Florida, Georgia, Mississippi, and Texas.
Not voting: South Carolina.
Mr. Hemphill moved to further amend the section by striking therefrom the words xs they first occur, to wit. and final decrees in equity.
The motion was lost.
Mr. Sparrow moved to insert immediately after the words which he
moved to strike out the folloring. to wit: Provided, That the exception shall not apply to the State of 1,ouisinna; )which was disagreed to.

136

JOURNAL O F THE

[Mar. 13,1861,

Mar. 13, 1861.]

PROVISIONAL CONGRESS.

137

decibioii may be reexamined and rercrsecl or affirmed in t h e Supreme Court of the

Confederate Statev, upon a writ of error, the citation being signed by any judge of
the *did Suprt~riic~
Court in the same manner and under the same regulations and
I\ it11 the like e1lec.t as il the judgment or decree complained of had been renderedor
1msed in a diitrict coui t of the Confederate States; and the proceeding upon reversal
shall be the same, eXceIJt that the Sulireine Court, iriatead of remanding the cause for
a final decision may, a t their clixretion, if the cause sliall h a r e once been remanded
before, proceed to a final decision of the same and award execution. But no other
error shall be assigned or regarded as a p o u n d of reversal in any such m e xs aforesaid than such as appears in the ace of the record, and immediately respects the
beforc-mentioned questions of validity or construction of the said Constitution, treaties,
statutcs, commissions, o r authorities i n dispute.

hlr. Chesnut being in the chair, Mr. Memminger submitted the point
of order that the sen5e of Congress could be taken on the adoption of
one section of a bill arid that it could 1)c ordered to be engrossed disconnected with the other scctions of the hill. The Chair decided to
the contrary.
Mr. Withers appealed from the decision of the Chair.
The decision of the Chair TVRS sustained, the StateR voting as follows:
Yea: Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas.
Nay: South Carolina.
Mr. Harrison iiioved to strikc out the section.
Mr. 717aul tlicrcon dcinandcd th(. qnestion : which was seconded, and
thc lllotioll \ $ a h lost.
.it t h e instttnce of the State of South Carolina, the yeas and nays of
the entire body were taken and recorded as follows:
Alabama-Yea: Mr. Curry. Kay: Messrs. Smith and Chilton.
Florida-Nay : Jfessrs. Morton and Anderson.
Georgia- Nay: ilifessrs. Toonibs, Howell Cobb, and Wright.
Louisiana-Yea: 1\11.. Perkiiis. Nay: Mebsrs. Corivad and Sparrow.
Misaissi pi-&y : Messrs. Wilson, Clayton, Barry, and Harrison.
South Earolina-Yen:
Mesirh. Barnwell, Chesnut, ;\lemminger,
Miles, and \Tithers. Xay: Mr. Boyce.
Texas -Yea: Mr. Qchiltrce. Nay: Messrs. Hemphill and Waul.
Mr. Withers iiioved to umurid the section by adding thereto the
following :
Provided, That the writ of error provided for in this scction shall not lie in any case
where the judgment of the State court dcnicr that the powcr in quePtion has been
delegated by the States.

Mr. Tooiiih deni:mdcd thc question; which was seconded, and the
nays were required, and arc as follows:
Alabama-Yea: Mr. Curry. Bay: Messrs. Smith, Chilton, and
McIlac.
Florida-Yay : Mcssrs. i\/Iorton and Anderson.
Georgia--Nay: Messrs. Toornbs, Howell Cobb, and Wright.
Louisiana-Yen: Mr. Pcrli-ins. Xity : 3lcss~s.Conrad and Sparrow.
bon, Claytou, Barrj . and Harrison.
Mississippi--Sa~: Rfcssrs.
Barnwell, Chesnut, Memminger,
South Cmwlina- Yea: Me
Miles, and Withers. Kay: Mr. Boyce.
Texas-Kay : Messrs. Hemphill and Waul.
The forty-seventh section being as followh:
SEC.47. And ha i t f i c ~ t h eemcted,
~
That all the records, papers, dockets, depositions,
and judicial proceedings of ererv kind appertaining to t h e circuit or district courts
of the United States, Tvithin any of the States of this Confederacy, shall be transferred to the district court of the Coilfederate States of America in the same State

[Mar. 13,1861.

and district in which the same was pending; and the late clerk of said circuit or district courts, or other person in whose custody said records, papers, dockets, d e osi
tions, and judicial proceedings may be, shall deliver the same to the clerk o f t h e
district court to which they may be transferred under the provisions of this act, and
the sameshall stand in the same plight and condition i n which they mere i n said
circuit and district courts, respectively, and all previous orders therein made shall
have t h e same effect; and the court to which said causes are hereby transferred shall
proceed to hear and determine the same according to law.
And the judgments i n all civil cases heretofore rendered in said circuit and district
courts of the United States remaining unsatisfied shall h a r e Lhe same force and cffcct
which they had before the secession of tho State in which said court is situated; and
t h e mine proceedings may be had thereon in the district court of the Confederate
States, by execution or otherwise, which might have been taken in the court i n
which they were rendered at the time of their rendition. And where, under a n y
such judgment of the circuit and district courts of the United States, any execution
may have been in part executed by levy on property or otherwise, i t shall be the
duty of the marshal or officer in whose hands such execntion and property may be
to tnrn over the same to the marshal of the Confederate States for the district in
which such judgment was rendered, and to take his receipt therefor, and thereupon
the said marshal shall proceed to dispose of the same according to the laws i n force
a t the time such judgment was rendered, and pay over the proceeds to the party
entitled; and new process shall be issuable in such district courts when requisite.

On motion of Mr. Clayton, the first clause of the section was

amended by ridding thereto the words:
Provided, That all suits which shall have been pending in any of the court8 for t h e
space of five years without prosecution shall be considered as abandoned, unless
prosecuted within six months from the time of such transfer.

On motion of Mr. Clayton, the section mas further amended by

inserting, after the words rippertaining to, the words any suit now
pending in.
On motion of Mr. Clayton, the section was amended by adding at
tho end of the first clause the following, viz:
and all dockets, books, records, documents, and papers of every kind pertaining to
judicial procccdings in any of sitid courts and to snits heretofore decided therein; and
all pabits, deeds, records, books, ant1 papers pertaining to any land office which
may by law h a w been deposited with the clerk of any of said courts or transferred
to his officefor safe-keeping, shall be delivered to the clerk of the district conrt for
the district in which such court is situated, and the same shall he safely kept, and
preserved b y said clcrk until otherwise provided by law. h d copies of any such
records or other papers niadc out by said dcrk of the district court arid authenticated
accortlin 7 to IRW shall have thc force mid effect given to copies of other instrurnenta
of like c$iaracter in 8uch fitate, and be admissible in evidrncbe in all cases i n which
copie~arc admitted an ovidcncc in the courts of the Confederate States.

on motion of Mr. Cltkyton, the section was also amended by adding

at the end of the smile thc following, to wit:

but all d t s pending in mid courts in which the United States are plaintiffs shall
remain s u s p ~ n d ~ dand
, 110 farther prowedings shall be h:td thereill until t h e independcncc?of this t:onfctlerac.y shall be recognized hy the IJnited States; a11d exectition of d l jndgmcrtk9 rcndercd i n favor of said Unitcd States is hereby suspended,
and till seizurrs on e.;cc*utionshcretoforc nxtcle in behalf of the said Uliited States are
hcrehy ctcclarctl to Le inopcratirc and void, and shall not he reneweci until recognition be nude of the iudepcndcnce of this Confederac), as aforesaid.
0 1 1 mti0Ii of Mr. Smith, the following
sovtion tis amendcd, viz:

way

added to the end of the

BUtL this HWtioll shall bC Sllbj,jcCt to such dispositioii of the causes therein provideci
for 119 has been made by the several States before the adoption of the Provisional
~~onst~ituti()r~,
unless said States shall conform their legislation to thc provisions in

tliie act contahed.

Mar. 13, 1861.1

PROVISIONAL CONGRE8S.

139

Mr. Memminger moved that the following be an additional section,

to be numbered section 48, 1%:
SEC.48. A11 judgments, orders, and decrees made by any State court since the date
of the secession of such State, upon any subject or matter which before such secession
was within the jurisdiction of the courts of the United States, shall have the force
and effect of judgments, orders, and decrees of the courts herein established, with
t h e privilege of eithcr party to appeal or sue out a writ of error.

The motion was agreed to.

The forty-ninth section being as follows:
SEC.49. Where cases are now pending in the Supreme Court of the United States
upon appeal or writ of error, from any court of the States now forming the Confederate States, it shall be lawful for t h e appellant or plaintiff i n error, a t a n y time within
twelve months from this date, td dismiss such appeal or writ of error and file a transcript of the record and a copy of t h e bond for t h e appeal or writ of error i n the
Supreme Court of t h e Confederate States, and thereupon the same shall be considered
in all respects as if it had been originally filed in t h e a i d Suprenie Court of the Confederate States, and sliall be heard and determined in said court according to t h e laws
i n force a t the time said cause was determined in the court below, and t h e rightzl of
t h e respective parties shall be t h e same as when said cause was taken u p to the
Supreme Court of the United States. And if such cause shall not be transferred i n
tmd1-e months as aforesaid, then t h e judgment of t h e court from which the appeal
o r writ of error was taken shall be deemed final and in all things affirmed. And in
case of such transfer, the bond given for the appeal or writ of crror shall be and
remain in full force i n thc court of t h e Confederate States.

On motion of Mr. Clayton, the same was amended by adding thereto

the following:
and in cases where the transcripts of records have already been printed i n the
Supreme Court of the United States under the rules thereof, such printed copy, duly
certified by the clerk of that court, may be filed in t h e Supreme Court of these Confederate States, and it shall not he necessary to have a new transcript made by the
clerk of the court from which the appeal or writ of error is prosecuted.

The proviso of the fiftieth section being in the following words,

to wit:
Provided, That such judgment or decree was rendered before the secwsion of the
State from which such cause went to the Supreme Court.

Mr.Toombs moved to strike out the same and insert in lieu thereof
the following:
Provided, That no plea to the jurisdiction arising out of the secession of the State
from which such cause or causes may have been carried up, was pleaded before judgment, and where the party against whom judgment was rendered appeared and
answered.

The States voted thereon as follows:

Yea: Georgia.
Nay: Alabama, Florida, Louisiana, Mississippi, South Carolina, and
Texas.
The motion was lost.
Mr. Clayton offered the following as an additional section, to be
section fifty-third:
SEC.53. Where, by the la\\ s of any State,its penitantiary or jails may be used by
tlie courts or niarshnls of the Confederate States, t h e same shall be so used whenever necessary; but if i n any State there be no law authorizing their use, then it shall
be t h e duty of t h e marshal to provide a suitable place or places for the custody and
confinement of all persons or convicts who may be committed to his custody by competent legal authority.

The motion prevailed.

140

JOURNAL O F THE

[Mar. 13. 1861.

on motion of Mr. Stnitli, the following was agreed to as an additional section, to be section 54, viz:
Sm, 54. From all judgments or decrees which shall be rendered in causes pending
in tile
of the United States a t the time of the secession of the fitatcs in which
t h e %me were, and which causes shall be transferred to and decided by t h e courts
of this Confederacy, writs of error or appeal may lie to the Suprelne Court of this
Confederacy when the Bum or matter in controversy exceeds the OUIll of tJ\ 0 thousand dollars.

Congress then recurred to the consideration of the eighth section;

being as follows:
SEC.8. The judge of each district shall appoint the times and places of holtling the
- courts
in his district, and where, under the laws of the United States, his State
divided into two or inore districts, h e shall snnuaIly hold not less t h a n two ternis of

was

his court in each of those districts, as they cxistcd on the first day of 9 0 1 clnber,
eightw,n hundred and sixty. A n d the counties, districts, or parishes which constitute the divisions of his district, shall be the same as those which constituted the
different districts under the laws aforrsrtid.
"

&Jr. Sparrow rnovcd to aiiierid thc, sniiie hy inserting aftor the words
November, cightccn h u n d r d and sixty," the following:

Rut in Louisiana he shall only be required to hold his court out of Xew Orlcans a t
such time or times as h e may consider the public interest requires him to do so.

'rho motiqn prevailed.

On iriotion o f MI.. Wright, the first sentence of the fourth section
was ainendcd by adding thereto the following wo~ds,to wit: " and
said clerks slid1 not be connected with thc said judge by blood or
1mrri:ige. "
Mr. Homphill moved to amend tlic twelftll scction; which is as follows, viz:
Sec. 12. Siiita in equity shall not he swtnined in any of the courts of the Confederate States in any ~ : t wwhcre plain, adequate, and complete reincdy may bc ha1 at
law. i\nd in any Stale i n \\ Iiic-hthcrc is or iriny bc no separate court of equity, the
district court shall atlrriinintc~rr t t i t l thv-itle on matters of equity according to t h e
cours:q(?
of practice in the courts of such State,

1Zy :&ling to i t tlic words:

And in any State i n which tlicrc1 is no distinction bctsvern law and equity, the district court slitdl :dmiirintcr:tntl dwitic tliu iiiattcw in snit, \vhethcr legal or ecluitable,
according to tlrc courfjc of practice in tlic, rourts of t.wi1 State.

Mr. '.l'oonibs tlt:iiiandcd the quostion; which W:LS sccotldcd, :mcl th e

motioii W:LS lost, tho Statcs voting :is follows:
Yea: liouisi:\nii arid 'rcxis.
NiLY: h l t \ ) ~ : ~ 1 l l iChorgi:i,
~,
Mi
Noi*i(hiwiiig divided.
MI.(Yiiltoii off(>l*ctlthc i'oI1owiiig :is ;in &iitional section, to \Tit:

Mar. 1 i, 7461 .]

IROVISIONAL

CONGRESS.

141

The hill was then read a third time, and on the passage of the bill,
Mr. Morton, at the instance of the State of Florida, called for the, yeas
and n a p of the entire body; which were taken and recorded as follows:
Alabamsi-Yea: Messrs. Smith, Hale, McRae, and Fearn. Nay:
Messrs. Curry and Chilton.
Florida--Say : Mcssrs. Morton and Anderson.
Georgia-Yea: Mr. Howell Cobb.
Louisiana-Yen: Messr.;. Perkins, Conrad, and Sparrow.
Mississippi-Yea: Messrs. W ikon, Clayton, Barry, and Harrison.
South Carolina-Pea: A h . Memniinger. Nay: 1Llesst.s. Bartiwell
and Miles.
Tcxas-Yea : Messrs. Ileniphill and Waul. Nay : Mr. Ochiltree.
The bill passed.
A mcssage was received from the President that he had approved
and signed
A resolution to authorize the employment of a special messenger to
Texas to carrya copy of the Constitution.
Mr. Chilton, from thc Committee on Postal Affairs, reported
A bill vesting certain powers in the Yostma&er-General;
which was read a first and sccond timc and ordered to be placed on the
Calendar.
Mr. Aiidcrson introduced
il bill to bc cntitled A n act to amend an act entitled An act to
establish a court of admiralty and maritime jurisdiction at Key West,
in the State of Florida;
which was also read twicc and placed on the Calendar.
Mr. Memmingerintroduced a bill relative to the port of Augusta, Ga. ;
which, on motion of Mr. Curry, v a s referred to the Committee on
Coniinercial Affairs.
Mr. Hemphill offered the following resolution:
Iksolwcd, That the Judiciary Committee be instructed to report, as early as possible,
n bill establishing the fces to be allowed to district attorneys of the Confederate
States;

which mas agreed to.

On motion of Mr. Clayton, the President WRS authorized to appoint
two niembers to scrve oii the Committw on Judiciary during the
abscncc of t h o regular members belonging to the committee.
Whereupon, the President appointed Mr. Hemphill and Mr. Smith.
On motion of 1\11..Sparrow,
Congress adjourncd till 10 oclock to-morrow.
THURSDAY, MARCH14, 1861.
OPEN SESSION.

Congress met pursuan t to adjournment.

lrayer wn5 offcrcd by thc Itcr. Mr. Blue.
The ,Journal of yesterday was read and approved.
M r . Ochiltrec laid before Congress a coinriiunicstion from S. Shcrman; which wa:i referred to the Committce on Military Affairs.
Mr. Clayton, f rom the Committee on Judiciary, reported
A hill to k)c entitled An act to establish a court of admiralty and
maritime jurisdiction in the Stato of Mississippi for the counties lying
on the Mississippi ltivcr in said State;

142

JOURNAL OF THE

[Blar. 14,1861.

ordered on the Calendar and to be printed.

ir laid before Congress estimates of the Secretary of the
Treasury for the expenses of the Post-Office Department; which were
referred to the Committee on Finance.
Mr. Waul presented a communication; which was referred to the
committee on Military Affairs.
Mr. Sparrow, from the Committee on Military Affairs, reported the
following resolution:
Resolved, That the communication of H. A . Gericke, of Louisiana, in relation to
friction caps for firing cannon be referred to the Secretary of War with instructions
to have the said caps tried and report thereon.

The resolution was ado ted.

Mr. Conrad, from the ommittee on Naval Affairs, reported sundry
papers which had been referred to said committee with a view to haying them deposited in the Navy Department. It was ordered that the
same be dclivered to the Secretary of the Navy.
The regular orders on the Public Calendar were postponed for thc
time and Congress went into secret scssion; and after remaining some
time therein, adjourned till 12 oclock tomorrow.

SECRET SESSION.

Congress being in secret session the following communication from

the President was laid before Congress by the Chair and referred to
the Corninittee on Indian Affairs:
EXECXJTIVE
DYPAIZTXENT,
&wch 12, 1861.
Hon. HOWBLI,
COBR,
President of 1 1 1 ~Congress.
SIR:To cnablo the Secretary of War most advantageously to perform the duties
devolved upon him ill relation to the Indian tribes by the becond section of the act
to elihblislr the War 1)epartinent of Icbruary 21, 1861, it is deemed desirable that
there shoultl be estahlislretl a bnreau of Indian affairs, and if the Congress concur in
this view T have the honor respectfnlly to rcconrinentl that provision be made for
the appointnlcnt of R c~oiii~nissioner
of Indian affairs and for one clerk to aid liim in
the discharge of his offirid duties.
.JEFFERSC)S DAVIS.

Mr. Wiluon, froni tlia Committcc on 11:ngrossment. rcportctl as

correctly ongrossed and enrolled
A n :ict umendt&xy of :in act for the orgmimtion of the st.a,ff departlnents of tho Army, aticl tin wt for the cstablishmenf, and organization
of tho Army of tho Confcdcratc States of America.
Mr. Pcrkins ofiered the following resolution :
Jtt!8o/acd,That thc irovisional C~ovcrnnic~nt
has no power or jurisdiction orer the
public lands, fork, nrsenrtlu, nary-yards, light-houses, and other pDblic establishments within the limits of the. wvcral States. Conpress, 1 l o ~ ~ ~ recalnmell(ls
\~cr,
to
tho said States tli;it tlrry slionltl c d c to the Confederate States 50 muc11 of t h e lands
rcsarvetl by tho Govern~nt~rlt
of thc lJnitcc1States or other vacant puhlic lands i n their
rcy?cctive liniitx 11s limy be urceusary far timber or lumber for naval or other
ptlrposes of pul)lic*( ~ m - e r n .

Mr. P c r l h s dcnlanclcct thc qucstion on agrceing to the resolution;

~ ~ , Ihc vota thereon, being taken by States, is as
which was Y C C O I I ~ mid
follows:
Yea: Fbrid:~,Louisiana, and South Carolina.
Nay: A I:ll)al~ln,Georgia, Mississippi, and Texas.
Tho motion was lost,

Sfar. 14, 1861 .]

PKOI'ISIONAL

COXO-RESS.

143

Congress then resumed the consideration of the report of the judiciary on public lands; and after some discussion, on motion of Mr.
Toombs, the same was recommitted to the Committee on the Judiciary,
the States voting thereon as follows, viz:
Yea: Alabama, Florida, Georgia, Mississippi, and Texas.
Nag: Louisiana and South Carolina.
Mr. Toombs, from the Committee on Finance, reported
A bill to exempt from duty certain articles of merchandise therein
named;
which was read the first and second times, put on the Calendar, and
ordered to be printed.
Mr. Chilton offered the following resolution:
Resolved, That Alexander B. Clitherall be, and is hereby, appointed one of the
assistant secretaries of this body, and that his compensation shall date, as such, from
the commencement of this session.

The resolution was agreed to.

Mr. Anderson reported
A bill supplementary to and amendatory of an act to establish a court
of admiralty and maritime jurisdiction at Key West, in the State of
Florida.
The bill WBS read the first and second times, reported by sections,
engrosscd, read the third time, and passed.
AIr. Miles reported
A bill to provide for the payment of light money in the Confederate States;
which was read the first and second times, engrossed, read a third
time, and passed.
Mr. Clayton reported
A bill to authorize the President alone to make certain appointments;
which was read the first and second times, engrossed, read a third time,
and passed.
Congress took up the bill makin appropriations for the legislative,
executive, and judicial expenses o;p" Government for the year ending
February 4,1862,
Mr. Toombs filing the estimates of the heads of Departments.
Mr. Toonibs reported
A bill to appoint a second auditor for the Treasury Department;
which was read the first and second times, engrossed, read a third time,
and passed.
Mr. Lewis being absent on account of sicknes5 when the Constitution of the Confederate States of America was adopted, asked and
obtained leave to record his vote in favor of the adoption of the same.
A message was received from the President, through his Private
Secretary, Mr. Josselyn, that he had approved and signed
An ttct amendatory of an act for the organization of the staff
departments of the Army, and an act for the establishment and organization of the Army of the Confederate States of America; also
X resolution accepting certain funds tendered to the Confederate
States by the State of Louisiana.
Mr. Ochiltree offered the following resolution; which was agreed to,
v1z :
Resolved, That the Secretary of State be requested to have five hundred copies of
the titles of the acts and resolutions of this Congress from which the injunction of

144

JOURNAL OF TEE

[liar.11, 18~1.

secrecy has been removed, printed for the use of the niembersand forRardec1 to tI:eir
respective addresses.

Mr. Curry offered

A bill to define and fix the pay of the o f f i ~ r aof the C0ngres.s of
the Provisional Government;
which was taken up, read the first and second times, and the second
section, defining and fixing the pay of engrossing and enrolling clerk at
five dollars,
On motion of Mr. Curry, the ssirie was amended by striking out
five and inserting in lieu thereof the word six.
The hill as amended mas engrossed, read a third time, and passed.
Mr. Chilton preborited the accounts of Messrs. Davis and I3lue, for
stationery, etc,, for former, and for clerical service for the latter;
which were referred to the Committee on Accounts.
The Congress rcsuriicd tlic consideration of the bill vesting certain
powors in the Postmaster-Gencrai.
On motion of Mr. Chilton, the same was amended by adding thereto
two additional sections, to bc nunihcred sections 5 and 6, respoctively.
The bill ~ t i ongrossed
s
:LS titncnded, read a third time, and passed.
Congress took up for consideration the
Bill to rtlithorize the purchtiso 01 constrncth of ten gunboats;
which \vats engrossed, read a third time, and passed.
M i - . Rbctt reported
A bill to authorizc the appointment of comincrci:al agents or consuls
to foreign ports;
which was rcwl tho first : ~ n d second liines, cngrosscd, rend a third
timo, and p:isscd.
MI.. Chyton, froni the Conmiittcc on thc ducliciary, to wliich was
rocou~mittcdthe report on public lands, reported the following resolution:
heso(rwZ, That tlic Cmgrrss (lo rccommcntl to the rcspective Statcs to cede the
fort-?, nrwrritla, nt~vy-artir, docky;u.tlr, and ot1ic.r publics c,ctal)lislimcntswithin thcir
rtq>oc*tivc.liiriitrr to t i c Coiifeticr:Ltci Statc.s, an(! moreover, to cede so inucli of tlie
lniitlir i-cscn (4
Ircrctoforc by the (ro\crnmcJit of thr IJnited States, or other pii1)lic.

Mr. CorlI-:td n t o v ~ dto itIll(lnd tho resolution loy striking out, all after
tho ivortls for tiii11)rror lunilwr for ntival o r other purposes of public
con(+erii,:ind thc vote th(~r(wn,being trdten by States, is as follows:
Pen: Iqloi*id:~,Georgh, I~ouisiiiiin,South Carolina, and Texas.
N i ~ y :h l i l h r l t t mid Mississippi.
T h e notion prevtiilcct.
nh.nithcrs ~ 1 1 oto~ ~d ~ i n the
c d rcsolutioii hy adding the folloming,
to wit:
~~rxol/edliLr(her,
T11:lt in (YISC of snc~ll(wsioii, tIrc Ir(.sident be, alld lie is hereby,
ant Iioriml atid c ~ r i i p ~ i \ v c ~tor ( ~t la l ch:Irge
~
of ally sucll propertp ceded.

Ihc inotioii prcvnilcd.

And the rcsolut3ion:XH mended reads as follows:
, T l r ; ~ t t h c Congre\q (10 rcwliimentl t o thl\ rcspctivc States to cede the
d e , liavy-gartl,c, tloc.kyarclq, and other piiblic- csbhlishments within tlleir

PROVISIONAL CONGRESS.

itfar. 16,1861 ]

145

limits to the Confederate States, and inoreover, to cede so niuch of the

rretl heretofore b y the ( r o ~ e r n m e nof
t the United States, or other public
tk in tlicir r c q m t i v e limits ae may be necessary for timber or lumber for
h(>r1pwposes o f public concern.
&I,,
That i n case of such cession, tlie Prpsident be, and he is hereby,
tl empowered to take charge ok any p u r h property ceded.

MY. Clayton re 3orted f roin the Judiciary Comniittee

A bill t o fiutcnd the lamb relative to the conpneation of t h e attorneys of tlit: Confederate Sts~Les;
which was read the f i r b t and second times, engrossed, read a third
time, and passed.
A message was received from the President, by his Secretary, Mr.
Josselyn, that he had approved and signed
An act t o regulate foreign coins in the Confederate States of America.
On motion of Mr. Toombs,
Congress adjourned until 12 ni. tomorrow.

FRIDAY, MARCH15, 1861.

OPRN SRSWON.

Congress met pursuant to ndjonrnmrnt.

After pmycr, Mr. Wright of Georgia presented a communication
from ,111.. 15. F. Jones on the subject of a Lariff; which wab relerred
to the Committee on Finance.
1\11.. JYaul presented an abstract of the journal of the State convention of Texas, accomuanicd by an ordinance of said State; which .are
as follows, viz:
AUSTIN,TEX.,March 4, 1861,
The convention met pursuant to adlournment.
Roll call. (Juoruni present.
Pvlr. T. J. Chambers offered the following resolution; which wag adopted:
Resolved 6y the convention of the ,Stale qf Texas, That the president and secretary
of this convention d o now proceed t o count the votes of the people upon t h e ordinance to dissolve the Union between the State of Texas and the other States, united
under the compact styled t h e Constitution of the United States of America, and
to proclaim the result.
Upon counting thevote, it resulted as follows: For secession, 36,450 Yotes; against
secession, 11,265 votes. Majority for secession, 25,182 Yotes, and theprcsidcnt announccd that the ordinance had been ratified by a large majority of the voters of the
State of Texas, and that t h e Statc of Texas was and had been since March 2, 1861, a
free, sovereign, and independent nation of the earth, and that her citizens were absolved from all other allegiance than to her as such.
I certify that the aboveand foregoing is R true and correct extract from the journal
of the convention of date March 4, A. D. 1861.
R. T. RROWNRIGG,
Srcretnry f o the foni~ntionof the State of lexm.
Approved :
0. 31. ROBERTS,
Preszdent Concention.
An ordiriancc in relation to R iinion of the State of Texas wlth the Confederatc Statcs of America.

Whereas the conTTention of this State has received information that the Congress
of the Confederate Statcs of . h c r i c a , now in sesbion a t the city of Xontgomery, in
t h e State of Alabama, has adopted a Constitution for a Prorisional Government,
which Constitution is modeled on that of the United States of America; and
Whereas as a seceded State it becomes expedient and proper that Texas should
join said Confederacy and share its destinies; and
Whereas a delegation consisting of seven members has already heen elected by
the convention to the Congress of the Confederacy aforesaid: Therefore,
J
L J-VOL

1-04-3

146

JOURNAL OF THE

[Mar. 15, 1861.

SECTIOS
1. The people of Texm in concention assembled ? m e ordained and declared
and do hcrehl ordain and ileclarp, That the delegation aforesaid to the Congress afore-

said be, and they are hereby, instructed, arid we do accordingly instruct them in
behalf of the State and as representing its sovereigrl authority, to apply for the
admission of this State into said Confederacy, and to that end and for that purpose
to give in the adhesion of Texav to the Provisional Constitutioll of said Confederate
States; and which tiaid Constitutioll this convention hereby approvcs, ratifice, and
accepts.
SEC.2. Be it.further ordained, That the delegation appointed by this conrention to
t h e Congress of the Confederate States be, and they are here;,y, authorized t o act i n
said Congress as the duly accredited representatives of the State of Texas: Provided,
however, That any permanent constitution which may be formed by said Congress
shall not become obligatory on this State until approved by the people in such way
as shall be determined upon.
SEC.3. Be i t .further ordained, That the president of the conrention immetliately
transmit, through such channel as he may elect, a copy or copies of this ordinance
to the Congress a t Montgomery, and tlie members of Congress from this State.
Done at the city of Austin, on the 5th day of March, A. D. 1861.
0. M. ROBERTS,
P,resident of the Convention.
Attest:

R. T.BROWNRIUG,
Secretary to the Convention.

T certify that the above ant1 foregoing is a true and correct copy of the original
ordinance adopted by the convention of the people of Texas a t Austin, on t h e 6th
day of March, A. D. 1861, and now on file in my office.
R. T. BKOUNRIGG,
Semetary to the Cmvention.

Mr. Curry oflered

ltesolutions in relation to the contingent fund of Congres5;
which were read a first and second time, engrossed, read a third
time, and pssed.
Ihc Chair laid before Congress cstiiriatcs froin the Department of
Sccwtary of tlic Treasury; which wcrc referred to the Committee on
Finuace.
Congress went into secret session ; :uid after spending some time
therein, adjourned until 12 111. tomorrow.
SECRTCT SESSION.

Congress having gonc into secret session,

The ,Journal of yuslerdtty was i-cad nnd approved.
Mr. Conrad otfercd the following i~csoliition:
JtcsoZut.d, That the Jrcsitlent of thc? Confedcrate States be rcqnested, as soon as the
nriiirl,cr of Statcx wquirtd for its adoption shall I i a \ c iatified the perinanent Constitntion, to transniit a copy thrrcof, togettwr Y\ it11 it copy of thir resolution, to each of
tho ~la\dioldingStatttcs that hsvc not joined this Coniederilcy.

Tlie rcsolution w i l y adopted.

0 1 1 motion of Mr. Clayton, tlic injunction of sccrecy as to the Yreuidonts veto wid thc procceilings of C o n g r e s s on thc bill relative to the
hfricun sltivo trade wiw removed.
hir. 11oomb.3, from tho Coinmittce OII Finance, reported
A bill to ho cntitlrd A i l act to authorize the transit of rricrchandise
tbroupli tho Confcderlttc States.
Chngrcss having proceeded t o its considerntion, the bill was read a
first and socond tirne, engrossed, read a third. t h e , and passed.
Mr. Tooinbs, from tlie same committee, reported
A bill to be entitled An :tct to repeal tlie third section of an act tjo
exempt fronl duty certain coriimoditics therein named, and for other
purposes. )

Mar. 7 5 , 1861 3

PROVISIONAL CONGRESS.

147

Thc, bill u:t> road R first slid second time, engrossed, read a third
time, :tnd p a w x l .
Sir. Toonil)+,from the same committee, also reported
AlItill to hc eutitlecl An act iiialting appropriations for the custoinhouL.cs i:f l e w Orleans and Charleston, and fo r other purposes.
Tlic ])ill wa5 coiizidered, read a first and second time, cngrossed, read
a tliirtl tinic, und passed.
Jh. Conrad, froin the Committee on Xaral Affairs, reported
.I I)ill to be cntitlcd ..An act supplementary to an act entitled An
act to organize the Savy;
n hich WR.; read :L first and seeorid time, engrossed, read a third time,
and pa.
Mr. Conrad, f i 0111 the same committee, reported
A resolution to pay certain naval officers their traveling expenses;
which was read :L first and second time, eiigrossed, read a third time,
and p,:1sscd.
Mr. Wilson, from the Committee on Enprossment, reported as eorrectlj- engrossed arid enrolled
A n act making appropriations for the legislativc, executive, and
judicial expcnsei of Gorcrniiicnt for the year ending February 4,lHB;
Resolutions in rcfert1iic.t. to foi-th, dockyards, 1-eservations, aid
c.cdcd to t h c Confederate Slates;
LO :iiitliorim the appointment of coiiiiiiercial agents or consuls

An i w t to :~nthorizethe constructioii or purchase of ten giinhoats;

An act to tlcfino and fix the pay of the o6cers of the Congress of the
Provi\ional Government;
A n act to :inleiid a n act to establish a court of admiralty and maritinic jnrisdiction at Iicy J\est, in the State of Florida;
A n act to provide, for the. payment of light nioney i n the Confederate
States;
An act to appoint u becoiid auditor of the Treasury;
An :tct authorizing the Yresiclenk alone to iliakc certain ap ointments;
A n a c t vesting certain powers in the Posti~iaster-C;eiiera~
An act t o amend t h c laws relative to the compensation of the attorneys of the Confederate States; also
An act to pi.o-\-idefor the organization of the Nary.
MY.hIoiton, from the Cominittcc? on Indian Afftirs. reported
A I d 1 to I)(> c.ntitlcd .An act to e.;tablish tlieburwnof liidianaffairs;
nhicli wtis read a first and second time, ,engrossed, read a third time,

3Ir. Morton iiitroducrd

hill to be entitled * L i n act to carry into effect the provisions of
an act of the legislature of Florida.
Mr. Xeiniuinger nioved to i-efei.the hill to the Comiiiittee on Imance.
T h e State, i-(:l~dtliercoii HS follows:
Y C i i : Alahaiiiii, Georgia, Jlississippi, South Carolina, and Texas.
Nay: Florida and 1,ouisiana.
The motion prevailed.
Jlr. Conrad, from t h e Comiiiittee on Saval Affairs. rcported
A bill to be cntitled **Anact innking appropriations for the support
of the Nary for the year ending fourth February, eighteen hundred
and sixty-two.
On motion of 3x1..
Conrad, the ninth clauw was stricken out and the

words of the &nth clause, to wit, the same amounting in the aggregate to two million and sixty-five thousand oiie hundred and ten dollars, were also stricken out.
The hill as amended was read a third time and passed.
~ rCurry
,
offered the following resolution; which was agreed to,
viz :
xmolfied, That the Secretary of Congress be charged with the care and distribution

of all lllatter printed for the Congress and of the stationery of the Congress.
Congress proceeded to the consideratior1 of

A bill to be entitled An act to exempt from du$ certain artides of

merchandise therein named.
The first section being a8 follows, to W i t :
SECTION
1. The Cor$edeederute States of America do enact, That all railroad iron, cars,
and other materials connected with the construction of roads, and rurlrling their
trains, and all other dutiable commodities bona fide purchased wi~hiritllc late United
States by an person or corporation before the eighteenth day ot Frbruarj , cightren
hundred a11gsixty-one, which. may be imported into the ConPederate States after
the fiftrmth day of March, eighteen hundred and sixty-one, within a reasonable
time after delivery by the seller, in pursnance of contract of purchaser, shall be free
and exempt from duty.

On rnotion of Mr. Toombs, the same was stricken out and the following inserted in lieu thereof, to wit:
Tlw C o ? ~ q ~ ~of
c s the
s Confederate Autes of America do enact, That the Secretary of the
Trensur is hereby authorized and empowered to remit the duty in all cases where
cwmmoities were bona fidc purchased or contracted for 011 or before the eighteenth
da oi Fvbrwry last, within the late United States, where the importer has not been
to cvmp~ywit11 tlxc provisions of the act to define more accurately the exemption
of certain goods from duty, which required that the goods, wares, and merchandise
sliould I u t r ( ~I ~ c t nactually laden on board ot the exporting vessel or conveyancc
clcrstinecl for any port i n this Confederacy on or before the fifteenth day of March in the
p n w n t ycw: /rur~ded,Such testimoiiy is furnished the Secretary of the Treasury by
the iinportcsr that it was inipossible to comply with the provisions of said act, and
>tho the Ocinand and rollertion of said duty has operated injuriously lo film or them
bcyoiicl tlic coinnicrcial effect upon articles of consumption by the imposition of duties.
T h o second ncction being as follows:
2. And b,rl f w f h muctcd, That all books, pamphlets, and tracts, and other
ations printctl and (Sublished by any church or benevolent society, I\ hose
organization t!xt(Llldfl to ~m eiubraccs citizens of tho Confederate states, shall be free
and excitipt from duty.

:id

Mr. C i i ~ r yinowd to strikc out the same.

Thc motion was lost.
hr: bill thell, US amended, was engrossed, read a third time, and
~1Sl.

Mr. Rilclhe introduced

A hill to be entitled bA411act to fix the duties on the articles therein
iitiincd.

Mr. Curry inovcd to amend thc bill by adding thereto the following
\VOtdS.

vix:

ih:tt the plo~~isions

of this act be extended to all r ai l r o d irorl lluw in any \FareI i o ~ s cin tlic (hnfederate States.
1

llio motion was lost.

Mr- (;la. ton moved to aniend the bill hy striking out the word
coal : m C :Ldding tho following, $0 wit:
& fur&r cnac$ed,
That
cod shall be free of duty; whl& was lost, the f j b t e s voting:
Yw: Gcorgia and Louisiana.

Xar. 16,1861.1

P ~ O V I S I O N A L CONGRESS.

149

S a y : A!abama, Mississippi, South Carolina, and Texas.

F 1o r i (la di v i d cd .
$11..
Corirad moved to amend the bill b57 making the duty on coal 10
per ccnt; which was also lost, the States voting:
Yca: Florida, Georgia, and Louisiana.
Nay : Alabama, Mississippi, South Carolina, and Texas.
On motion of Mr. McRae, the bill was amended by adding thereto
the following words: This act shall go into effect on the first day of
May ncxt.
On motion of Mr. Xeinniingei-, the bill was further amended by
adding the following, viz: The reduction of duty allowed by this
act shall riot cxtcnd to goods, wares, and merchandise in hond.
The bill as amended ivas then eugrossed, read a third time, and
passed.
On motion of Xr. Miles, the Committee on Militarv Affairs were
discharged f roin the consideration of all bills, resolutions, memorials,
etc., relating to the subject of establishin an army for the Confederate States of America and said papers or ered to be delivered to the
War De artment.
Mr. $ilson, from the Committee on Engrossment, reported as correctly eiigrossed and enrolled
An act to authorizc the transit of inerchandise through the Confedemtc States;
An act to exempt from duty certain articles of merchandise therein
named;
An act to fix the duties on the articles therein named;
An act to establish the bureau of Indian affairs;
Resolutions in relation to the contingent fund of Congress;
An act making appropriations for the support of the Wavy for the
year ending February 4, 1862;
A resolution to pay certain naval officers their traveling expenses:
An act making nppropriations for the custom-houses at New Orleans
and Charleston, and for other piirposes;
An act supplementary to an act entitled An act to organize the
Navy; and
An act to repeal the third section of an act to exempt from duty
certain commodities thcrcin named, and for other purposes.
gc was received from the President submitting cstimates for
tho War Ilcpirtment mid the Post-Office Department; mhich were
rcfcrucd to thc Committee on Finance.
On motion of Mi-. Harrison,
Congress adjourned till 1 2 oclock to-morrow.

O P E N SESSION.

Congress met pursuant t o adjournment.

Prayer was offered by the Rev. Mr. Henderson.
The Journal of yesterday was read and approved.
Mr. Hale introduced
A hill to bc entitlcd An act supplemental of an act to define and fix
the pay of the officers of the Congress.

150

JOURNAL OF TH%!

[Xm. l h , 1HG1.

Congress having proceeded to its consideration, the bill was read a

first and second time, engrossed, read n third time, and passecl.
Mr. Hale offered
A resolution providing f o r the auditing and paying certain claim3
against the Congrcss;
which was read a first and second timc, engrossed, read a third tinlc,
and adopted.
Mr. Khett offered the following resolution:
IZesoZued, That as soon as the signatures of the members of this conrention are
placed 011 the enrolletl Constitution of the Confederate States, the president of this
convention shall CRURC the same to be lithographcd and copies thercof to be sent to
cacti of the Confederate States.

The resolution T V ~ Sadopted.

Mr. Clay ton, from thc Committee on ,Tixdiciary, reported
A bill to be entitled An act to prohillit the introductiori of slsres
from any St,atc not H nicniber of this Confcderucy ;
which was wad :L first :Lnd second time i i r i d ordered to be placcd 011 the
Public (hic ticlri 1.
Mr. l\ilz;on, from the Committee on Iatents, reported back sundry
lettcrs and memoridr on the subject of patents; which Iiave been
rcferrrd to {he cotiiulittec, and ask t o be discharged fi*oin further considrrnt,ioii of t h o saim
Ulie ptipors wcro oidei-cd to he laced on the files of thc Congress.
1 1w regiil:~i*
orders on the Pubk: Ca1end:w were postponed for the
tinw :tiid (:ongiws woiit, into secret session; and after remaining sonie
tiiric thcrciii, djourncd until the second Monday of May next.
r 7

SICCRET SESSION.

Mar. 16, 1861.1

I'ROVISION A L CONGRESS.

151

The vote thrreon, being taken by States, is as follows, viz:

Yea: Alabarna, Florida, Louisiana, Mississippi, and South Carolina.
Nay: Georgia and Texas.
The motion t o anierid prevailed.
The bill as amended was engrossed, read the third time, and passed.
Mr. Tooinbs reported
A bill to authorize the Secretary of the Treasury to appoint special
agents i n certain cases;
which was read the first and second times, 'engrossed, read a third time,
and passed.
Mr, Toombs also reported
A bill to appropriate money for certain civil purposes;
which was read the first arid aecond times, engrossed, read a third
time, and passed.
Mr. Hemphill, from the Committee on Fin'ance, reported
A bill making appropriations for the service of the Post-Office
Department for tbe fiscal year ending the 1st of March, 1862;
which was read t h e first and second times, engrossed and read a third
time, and passed.
Mr. he nip hill^ from the same committee, also reported
A bill rnaking additional appropriations for the support of the
Army, etc. ;
which was read the first and second times, engrossed, read a third time,
and passed.
A niessagc vas received from the President suggesting an appropriation of $5,000 for salaries and expenses of the Bureau of Indian
Affairs; which was referred to the Committee on Finance.
The following message was also received from the President:
EXECUTIVE
DEPARTMEXT,
March 16, 1861.

MY.PrPsidsnt: The President on yesterday approved and signed the following acts
passed by thc Congress, t o wit:
An act making appropriations for the le islatiye, executive, and judicial expenses
of Gorernnient for t h e year ending 4th ofsebruary, 1862;
An act to authorize the appointment of commercial agents or consuls to foreign
ports;
An act to authorize t h e construction or purchase of ten gunboats;
An act to define and fix the pay of the officers of the Congress of t h e Provisional
Government;
An act to aniend an act entitled "An act to establish ,: court of admiralty and
maritime iurisdiction at ICev \Vest. in t h e State of Florida;
An act $eating certain pokers in the Postmaster-General;
An act to amend the laws relative to the compensation of the attorneys of the
Confederate States;
An act to appoint a Second Auditor of t h e Treasury;
A n act to rstablish the I3urenu of Indian Affairs;
i i n act to exempt from dutv certain articles of merchandise therein named;
An act to fix the duties on "the articles therein named;
An act making appropridtiom for t h e support of the Navy for the year ending 4th
of February, 1862;
An act making appropriations for the cwstoin-homer at New Orleans and Charleston, and for other purposes;
An act to authorize t h e tranpit of mcrchandise through the Confederate States; and
A n act to repeal t h e third section of an act to exempt from duty certain commodities therein named, and for other purposes.
Also the following resolutioa~,to wit.
A resolution in reference to forts, dockyards, reservations, and property ceded to
t h e Confederate States;
A resolution to pay certain naval officers their traveling expenses; and
Resolutions i n relation to the contingent fund of Congress.

JOURNAL OF THE

[Mar. 16, 1861.

ent has this day approved and signed a resolution to provide for the
payment of certain claims against the Congress.
ROBERT JORSRLYN,
Private Secretary.

Homphill, from the Committee on Finance, reported

li to be entitled (An act making appropriation for t h e service

Bureau of Indian Affairs;

was read a first and second time, engrossed, read a third time,
and passed.
The following message was received from tlie President, viz:
EXECUTIVE ~EPl\ElMENT, & f i I T C h 26,

186l.

Mr. Preyjdpnt: The Presi(ient has this day approved and Signed the follo>yinXarts
pwsed by the Congress, to wit:
An act supplementary to an act entitled An act to organize the KarY ;
An act to provide for the organization of the Navy;
An act to provide for payment of light money in the Confederate states;
An act making appropriations for the service of the Post-Office Departnlent for the
fiscal year ending the 1st of March, 1862;
An sct to appropriate money for certain civil purposes;
An act to establish the judicial courts of the Confederate States of America;
An act authorizing tlie President alone to make certain appointments;
An act supplemental [to an act] to define and fix the pay of the officers of the

Congress;

An act to authorize the Secretnry of the Treasury to appoint special agents in certain cases;
An act making appropriation for the service of the Bureau of Indian Affairs;
A n act to amend ail artaathorixing t h e President to make certain appointments; and
An act making additional appropriations for the support of the Army for the year
ending March 1, 1862.

Mr. Rhett oflered a resolution expressive of the high appreciation

in which tho Congress held the President of the Congress and thanking
hini for the ublo and impartial inanner with which he presided m7er its
dclibc rations.
The rasolation wiis unanimously adopted, and the President of the
Congress respondcd theicto as follows, viz:
immx O

I ~3 I T W Uoac,xt

Before aniiounvinp thc rwult of the vote just taken

for an adjonrnuiont, permit me to retiiin iriy sinceie thanks for the uiiusual and
coinplirrrwt yoii fravo just cxtcntlctl to nic as your presiding olficer.
nlntions are unusn:il at tiic. close of the first session of Itagiss JIW to regard your action its no mere piece of formality.

irit, 1 can fiiitl no words to give expression to the feelings

tcvl in tlic legislative coinirils of our country for a considerable

ant1 1)rc.n
r with o i i r legislative bodies for many yenrs. I CRII, with truth
ant1 c~~mdor,
~ : t y1 h t ~ \ IIPI tr swn such :L hotly asscinl)lid as the one ovor n hicil
your pnrtiality I i i r , . ~c*allt:cl I I W to prwitl(1. For inore than six meeks you 11a\ e t ) e i ~ l
w r i i ( w t ly cngiigrtl i n tlrc (lih(htr:(~ of your iinportant duties; during a large portion
of that t i i w your ci;iily
OW IISVC. estcntl(d owr nine liouru; yoiir discmicions
havc8 bcwi cwiicst :mil rib
pon snhjert9 of the grave rid nlost exciting character,
and yet during tlitil entiw ptbriod there has not beer1 thc first i n o ~ n e n t hen tire
( k u r could with prquic%y Ilave called any iricmber to order for irrelerancy ill
debate, nor has LI I\ 01 (1 E:~ilcnfrom tlie lips of a single luenllter calculatpd to lllar tilc.
hunrio~lyt ~ n dgooil fwling which Iiave characterized your proceeclings. I doubt
~ l i e t h e rt ~ l l ypresiding ollicer, iinder Filch circumstances, was ePer able to make a
8iIIlihr declaration. Po ha\ P prwdcd over s11cli body, clipaged in such duties, I
re art1 as tlw highest honor n hich ever has been or cver will be conferred upon me.
fltLving conlpleLe(1 the great work for which we assenlbled-the formation of a
fenlrallcilt Coiistitution for thebe Confederate Btates-\ye rest for a period fronl our
abors t n reccive thr judgment of our constituents upon our action. Already has
the ProIl(l &itc in \\ Iiich we lire a%etnblcd respondetl in a cordial and almost unanimous voice of approval; and you will allow inc to express the sincere gratification
tiint.

ih

I53

PROVISIONAL CONGRESS.

>far 16,1661.1

which the unanimous res onse of my own noble State has excited in my own heart,
and I doubt not in the Reart of every true friend of Southern independence and
caon&tutional liberty. \Ye niay look with confidence to similar responses from
all the States of the Confecterac!. Whatmer niay be t h e criticism of the hour
unon the Constitution n c have fornietl, I f e d tonfident that the judgment of our
people, and indtwl of tlie \vorld, >\ill, i n the end, pronounce i t the ablest instrument
ever prepared for t h e governinent of a free people. Accepting as the basis of our
action that noble legacy of onr Ite\olutionary fathers, the Constitution of the United
Stztes, we ha\ P rittrri down in tlie language of truth and simplicity the principles
which an honrst construction of that instruinerit has long pronounced its true
inranirig. Thi., \\ ith +iic.h amendments as t h e experience of more than a half century lias d i o n~ploIJer and liccessary, is the result me present to our countrymen for
tlrclr sanction and ap1)roral. Already we have the most gratifying evidence that the
judgment o f our constituency nil1 be t h a t me hare done our work and done i t well.
ion nil1 scarcely juktify me in looking to t h a t bright future which the
principles incorporatcd into this Constitution, if honestly adhered to, promise for our
(wintry. Long after those who liavc been engaged in these labors shall have passed
anaay, arid even thc iiieiiiory of their names be forgotten, will this favored land,
undcr the blespings of Providence, flourish and prosper, as t h e home of a free, happy,
and independent'pcople.
Again returning you the sincere thanks of a grateful heart for your kindness and
partiality, I announce that the Congress stands adjourned until the second Monday
in Nay,

Congresr then adjourned until the second Monday i n May next

EXEGUTIV1C SESSION.

Thc Congress having gone into executive session, the following communication WLH received from the President:
EXECUTIVE
DEPARTMENT,
March 16, 1861.
Hun.

IIOI\-EI,L

COBB,

President o j the Congress.

SIR: I hereby transmit for the advice and consent of t h e Congress the following
nomination^, to wit:
Andrew Gordon Magrath, to be judge of the district court for the district of South
Carolina.
Henry R.Jackson, to be judge of the district court for the district of Georgia.
William G. Jones, t o be judge of the district court for the district of Alabama.
William Lanier Harris, to be judge of t h e district court for the district of Mississippi.
Thornas J. fiernnies, to he judge of the district court for the district of Louisiana.
John Hemphill, to be judge of the district court for the district of Texas.
Jesse J. Finley, t o be judge of the district court for the district of Florida.
JlcQuccn IClcIiitosli, to be judge of the admiralty court at Key West, in Florida.
JEFFERSON DAVIS.

And the queqtion being,

Will tlic Congress advise and consent to the nominations above communicatctl!
1t wus unnniinously decided in the affirmative.
The following coiriruunication was also received from the President:
EXECUTIVE I)EPAHTMENT,

xWCh 16,1861.

SIR:I hereby transmit for the advice and consent of t h e Congress the nomination
of Alexander 13. Clitherall, of Alabama, to be Register of t h e Treasury, and Bolling
Baker, of Gehrgia, t o be Auditor of the Treasury, of the Confederate States of America.
JEFFERSON DSVIS.

And the question being,

Will the Congress advise and consent to the nominations?
It was unanimously decided in the affirmat,ive.

JOURNAL OF THE

154

[Mar. 16,1861.

The following communication was also received from the President:

EXECUTIVE
DEPARTMENT,
iwul-ch 16, 1561.
Eon. HOWE~L
COBB,
President of the Cmgress.
SIR: I hereby transmit for the advice and consent of the Congress the nomination
of James Sorley, of Texau, to be collector of the custom at Galveston.
JEFFERSON DAVIS.

And the question being,

Will tho Congress advise and consent to the nomination Z
It was unanimously decided in the affirmative.
The following communication was also received f roni the President:
EYECUTIYE
DEPARTVEXT,
Afurch f 6, 1861.
Hon. HOWELL
COBB,
President of thc Congress.
SIR: I hereby transmit for the advice and consent of the Congress t h e nomination
of David Hubbard, of Alabama, to be Commissioner of Indian Affairs.
JEFFERSON DAVIS.

And the question being,

Will the Congress advise and consent to the nomination?
It was uiianimously decided in the affirmative.
The following communication vas also received f r u m the PrBsidmt :
MONTGOMERY,
Z ~ L A . ,,%!urch16, 1 8 6 J .

TOthe President of the Congress, Confederate Stutes of America:

I nominate for a pointmcnt ill the Army the persons named in the accompanying
list, as recominen&d b y the Secretary of War.
JEFFERSON DAVIS.
~ONT"IWERATICS r m m OF AMERICA, WARDEPARTMENT,
ilfontgomery, Ala., &lurch15, 1861.
SIB: I have the honor to recommend the following nominations for appointments
in the Army of the Confederate States of America:
Br ipdier-gLmeral.

Samuel Cooper, Virginia.

AI).JIITANT-C)ENERAI~S DEPARTMENT.

Lieuti'nnnf-colonel.
George 1)oq 1,ouisima.
;Ir(l;ul.s.

David 11. Jories, (;cwrgia; 1 lag11 1,awxon Clay, Alabama.

( tlplui7is.

.lolin \Vitlwa, Miwis&ppi; I t o l ~ <;i \\'ootl, 1,onisiann.

~/lIAl~'Pl~KhfAS'I'BIl'h
1)l:PAlLTMENT

1,trzcfe~icciit-c.ulori~l.

A l ) m t 0.
~ ~Myeir, 1,ouiai;lua.
Mujors.

Tmkin Smitli, Vitginia; Willia~nI,. Cabell, Virginia; J. LawrenceCalhoun, Georgia.

SUI3BISTE~NCIPDl:I'ARTTnlEh'T.

Captains.
John 'I?. qhnuff, District of Colurnbia; William F. Howell, Louisiana; John M.
Gait, GeorgiiL.

Mar. 16, 1861.1

PftOVISfONAf, CONGRESS.

155

CORPS OF GNGIXEERS.

Xujors.

William TI. C. Whiting, Nississippi; D a n d l e Leadbetter, Alabama.

Captains.
Walter 13. Stevens, Texas; William R. Boggs, Georgia; William 11. Echols, Ahbama; B>dvard 1. Alexander, Georgia, Samuel 11. Lockett, Alabama.
CORPS

oF

AIWTILLERY.

Jfirjurs.

Samucl G. French, Mississippi; Thomas G. Rhett, South Carolina; E. Kirby Smith,

Floiida; John G . Barnwell, Sonth Carolina.
Captains.
William G. Gill, Virginia; John I. Forney, Alabama; George T. A n d r e w ,
South Carolina; John C. Booth, Georgia; John C. Moore, Tennessee; Johnson K.
Duncan, Tmiisiana; Stephen 1). Lee, South Carolina; John B. Villepigue, South Caroh a ; William D. Pender, North Carolina; Alfred B. Chapman, Alabama; Frederick
I,, Childs, South Carolina; Philip H. Stockton, South Carolina; Hypolite Oladowaki,
Louisiana.
First lieutmants.
\Yilliain Butler, South Carolina; Joseph 1. Jones, North Carolina; Edward F. Bagley, Alabama; (ieorge 6 . .Janies, South Carolina; Charles D. Anderson, South Carolina; Altrcd T. l . Torbert, Delaware; Fitzhugh Lee, Virginia; Thomas J. Berrj,
Cieorgla; Moses ,J White, hlississippi; Jamas H. Ilallonquist, South Carolina; Robert F. Beckhain, Virginia; Joseph Wheeler, Georgia; John H. B. Burtwell, A h bania; Benjamin F. Sloan, South Carolina; Francis A. Bhoup, Florida; John Gibbes
Barnwell, South Carolina; James L. Kennarcl, MissiEsippi; S. C. Williams, Georgia;
J o h n Pelhain, Alabama; Thornas L. Rosser, Texas; Wright Rives, District of Columbia; Alfred Rhett, South Carolina.
Second lieuienaizts.

John OBrien, Texas; Charles P. Ball, Alabama; Lueien D. Sandidge, Louisiana;

George H Frost, Tmiisiana; Felix H. Robertson, Texas; P. M. B. Young, Georgia;
John Tam, Oregon; John 11. Kelly, Alabama; George N . Reynolds, South Carolina; R. L. Sweetman, Florida.
INPANTRT.

Colonel.
ihrl Van Dorii, Xissis>ipj)i.

Iieutenant-colonel.
James Imgstreet, Alabama; Franklin Qardner, Louisiana.

Majors.
T,afayette MrLaws, Georgia; Alfred Cumming, Georgia.
Captains.
James NcIntosh, Florida; William S. Walker, Florida; John If. Frazer, Mississippi;
John I>unovant, South Carolina; Thomas R. MrConnell, Georgia; Theodore OHara,
Alabama; James 1,.Corley, South Carolina; George IT. Carr, Virginia; -4lfred Iyerson, jr., Georgia; Robert G. Cole, Florida; Philip A . Ouen, Alabama; Edwin J.
Harvie, Virginia; Williani M. Walker, Alabama; 8. Moses Philips, Mississippi; K.
G. Watts, Miqissjppi; John J. A. A. Mouton, Louisiana; John D. Walker, Georgia;
J o h n Scott, Virginia; Glover A. Ball, Florida; W. W. Kirkland, Georgia.

YOURNAL OF THE

[Xar. 16,1861.

first lieutenants.

E. Latimer, South Carolina; Richard V.Bonneau, South Carolina; Blelancmith, Alabama; Arthur Shaaff, Georgia; Alexander B. Montgomery, Georgia;
Aurelil~sF. Cone, Georgia; George W. I-Iolt, Alabama; Paul J. Qn,tttlebaum,. Sputh
Thomas,
I. Georgia; J. D: Balfour, Mississippi;
Carolina; 11. C. McNeil1,Texas; Bryan &
W. C. Porter, 1,ouisiana; William F. Barnwell, South Carollna; Jefferson Davis
Bradford, Mississippi; Robert Inge Smith, Alabama; E. Lawtpn,. Georgia; A. 31.
Rowland, Georgia; H. Lord King, Georgia; V. D. Groner, Misszsslppl.
Second lieuknnnls.

Edward S. Willis, Georgia; James Barrow, Georgia; 0. J. Semmes, Alabama;

J. G. Blount, Georgia; James FIamilton, South Carolina; 11. I,. Farley, South Carolina; Joseph K. Dixon, Mississippi; John R. Blocker, South Carolina; J3rnjalilin
King, District of Columbia; James E. Mcl. Washington, South Carolina; T. J.
Bruton, Georgia; Alfred &
ONeal,
I.
Alabama; J. G. Ashe, Florida; John Iercy
Walker, Alabama; Camphell Tracy, Georgia; Thomas W . Hunt, Mississippi; J. &I.
Berrien, Georgia; Samuel B. Pickens, South Carolina; J. T. W. Hairston, Jliqsissippi; Williarn B. Ochiltree, Texas; Samuel F. Rice, jr., Alabama; Peyton T. >Ianning, Mississippi; W. D. Humphreys, Mississippi; Colin McRae Selph, Alabama;
Theodore R. IIayne, South Carolina; William Edmund Stoney, South Carolina;
William DeB. Ilooper, Alabama; John Bradley, Texas; Willianl T. Tranum, A lab m a ; Garnett hndrews, Georgia.
Respectfully submitted.
I,, P. TVBJ,I<EIi,
Secretary of TTirr.

To the PRESIDENT.

And the question being,

Will the Congress advise and consent to the nominations above coinmuniwted P
It ww unanimously decided in the affirmative.
The following communication was also received from the President:
To the B&&nt

of tAe Congress of the Confederate States:

I nominate Lawrence Ronsseau, of Louisiana, lete a captain in the Xavy of tlte
United States, to be a c.apt;Lin in the Navy of the Confederate States.
Josinh Tattnall, of Georgia, late a captain in the Navy o f the TJnited States, to be
a captain in the Navy of the Confederate States.
Victor M. Randolph, of hlab:ima, late a captain in the Navy of the TJnited States,
to b~ LI captain in the Navy of the Confederate States.
Duncan N. Ingraham, of South Carolina, late a captain in the Navy of the United
States, to 1~ a captAtin in the Navy of the Confctlcmte States.
JEFFERSOK 1)iLVIS.

And the. liestion being,

will tho ? h n g r c s ~t~dviseurid aonscnt to the nominations nhore communicatccl?
It was nnnniinously dt:ridccl i l l the affirmative.
The following coirnnunic.iilit,nTKLS :dso received from tlte President:
T o the JAre.uid(wtof Ihc Cotig~msqf the CovJkl~r.a~e
,%trtcs:
I nominate ~ 1 ) c ~ l l W httlmnd,
W
of l+%)rida,late a coininander in the Navy of the
United States, to I w :I cwnniander in tht? Nary of t h e Confederate States.
Thonias W.Rrwrt, of Flcp%la, lato a. cwmnianderin the Navy of the Unitetl States,
to bc n cmnnrandcr i.1 the Nai y of the Confederate States.
Ibphael Penimw, of r\ld)ama, late a commandei*intheNa.\ry of the Unitetl States,
to be R ooinmandcr i n the Navy of the Confederate St:ttes.
ffciiry J. EIartstcno, of Hotith Carolina, late a commantler in the Kavy of the linited
States, to be a cornmaudcr in thc Navy of the Confederate States.

JEFFERSON DAVIS.

And the. uestion being,

Will the borigrem advise and consent to the nominations above communicated?
It was unaniniously decidcd in the :kffirin.dtive.

3L11

16, 1861 ]

PROVISIONAL CONGRPSS.

157

Tlic following c.ommunic.ation was also received from the President:

NARCH
16, 1861.
Ircaidcti~of tire (ongresr ojtlie Coit,fi.dcrccteXtutes:
1 noniinatc. W. A. TV. Bpotswood, of Virginia, late a burgeon in the United States
S a v y , to bt a surgeon in the NaT y of the Confederate States.
~YilliaiiiF. Carrington, of Tirginia, late a pasqed assistant surgeon in the Navy of
tile 17nitetlGtattle,to he a mrgeori in the Nary of the Confederate States.
Arthnr 31. Lynch, of Poutli Caiolina, late a passed assistant surgeon in thc Navy
of t h e I-nited States, to bt: a surgeon in the Nary of the Confedcrate States.
Charles 13. Lining, of Sorith Carolina, late an assistant surgeon in the Navy of the
United Stdtes, to be a n assistant surgeon i n t h e Eary of t h e Confederate States.

ilb

JEFFERSON DAVIS.

And thc question being,

JVill the Congress advise and c o n s e n t to the nominations above communicated a
1t was unaniniously decided in the aflirmative.
The following coirimunicntion mas also received from the President:
MARCH16, 1861.
To the Presadent of the Congress of tlie Confederate Stales:
I nominate William W. J. Kelly, of Florida, late a paymaster in the Navy of the
United States, to he a paymaster in t h e Navy of the Confederate States.
Henry Myers, of Georiia, late a paymaster in the Navy of the rnited States, to be
a paymastei in the Kavy of the Confederate States.
JEFFERSON DAVIS.

And tlic qucstion b a i n g ,

Will tlie Congress advise a n d c o n s e n t to the noniinfttions above com-

niunicatetl a

I t was uwuiiinously dccidcd in the afirmative.

The following corninunication was also received from the President:

MARCH16, 1861.
To t h e Iwsident qf the Congress ?f IAe Corlfederale stales:
I iioiiiiiiate Felix Senac, of Florida, late a paymaster In the Kavy of the United
States, to be a paymaster in the Navy of the Confederate States.
JEFFERSON DAVIS.

And the question being,

Will the Congress advise and consent to the nomination above communicated ?
1t was u n a n i m o u s l y decided in the affirmative.
The f o l l o v i n g c o i n m u n i c a t i o n was also received from the President:
MARCH16, 1861.
To tile P~*esidentqf llie Conq,*css of tlip Confederate Antes:
T nominate Francis B Kenshan , of lenns?lvania, late a lieutenant i n the Xavy of
the United States, to be a Iieirtenant iii the Xavy of the Confederate States.
Jaines 11. Korth, of South (arolina, late a lieutenant in the ha\ry of the United
States, to lie a limitenant in the X a r y of t h e Confederate States.
Thomas I3 HiigPr, of South Carolina, late a lieutenant i n t h e Eary of the United
StntCs, to be a lieutenant i n the Sary of t h e Confederate States.
.John Rutledge, of South Carolina, late a lientenant i n the Saiy of the United
State., to be a lieutenant i n the X a r of
~ the Confederate States.
C. .\I.Norris, of South Carolina, late a lieutenant i n the Navy of the r n i t e d States,
to IE :L lieutenant in t h e XRTYof the Confederate States.
A. 1. IVarley, of South Carolina, late alieutenant i n the K a q of the United States,
to be a lieutenant i n tlic S a i y of the Confederate States.
JoLn Kcll, of Georgia, late a Iicutenant i n the Kavy of t h e Ciiited States, to be a
lieutenant in the S a v y of the Confederate States.
Joseph Fry, of Florida, late a lieutenant i n tho Savy of the United States, to be a
lieutenant in the Navy of the Confederate States.
John R. 1Iainilton, of South Carolina, late a licut~iiantia the Savy of the United
States, to be a lieutenant in the Kavy of t h e Confederate States.

158

JOURNAL OF THE PROVISIONAL CONUSESS.

[AJar. lF, 1861.

John E. Fggleston, of Mimisnippi, late alieutenant in the Navy of the United States,
to be a lieutenant in the Navv of the Confederate States.
R. T.Chapman, of Alabanya, late a lieutenant in the Navy of thc Cnitetl States,
to be a lieutenant in the Navy of the Confederate States.
Thornm P. Pelot, of South Carolina, late a lieutenant in the Savy of the United
States, to be a lieutenant in the Navy of the Confederate States.
William G. Dozier, of South Carolina, late a lieutenant in the Gnited States Savy,
to be a lieutenant in the Navy of the Confederate States.
John M. Stribling, of South Carolina, late a lieutenant in the Nary of the United
States, to be a lieutenant in the Navy of the Confederate States.
Philip Porcher, of South Carolina, late a lieutenant in the Xary of thc United
States, to be a lieutenant in the Navy of the Confederate States.
Hamilton H. Dalton, of Nissisuippi, late a master in the line of promotion in the
Navy of the United States, t o be a lieutenant in the Navy of the Confederate States.
William E. Evans, of South Carolina, late a master i n the line of promotion i n the
Navy of the United States, to be a lieutenant in the Xavy of the Confederate States.
JEFFERSON DAVIS.

And the question being,

Will the Congress advise and consent to the nominations above communicated ?
It was unanimously decided in the affirmative.
There being no further executive business, Congress resumed the
consideration of the business upon the Calendar.

PROVISIONAL CONGRESS
0F

T H E CONFEDERATE STATES.
SECOIN'U SESSIKV (CAIJLED), APIZIL

29, 1861,

TO .MA 1: 21, 1861,

MONTGOMERY,
Monday, A p d 99, 1861.
OPEN SESSION.

I n res onse to the proclamation of the President of the Confederate

States, t e Congres5 convened in cxtra seqsion a t the Capitol in Montgoinery at thc hour of noon on t h e 29th day of April, A. D. 1861.
n n :q)propriate prayer was offered by the Rev. Dr. Basil Manly.
On the call of the States, it was ascertained that a quorum was
present.
Mr. Walker annonnced the resignations of Mr. Lewis and Mr. Fearn,
from thc State of Alabama, and that the vaeancics occasioned thereby
had been filled by the appointment of Mr. Nic. Davis, jr., arid Mr.
H. C. Jones.
Mr. Clayton announced the resignation of Mr. Wilson, from the
State of Mississippi, and the appointment of Mr. J . A. Orr in his
stead.
Mr. Ochiltree armouriced the presence of his colleague, Mr. Wigfall.
Whereupon, the constitutional oath was administered by the President of the Congress to Messrs. Jones, Davis, Orr, and Wigfall.
Mr. Cobb moved that a committee, to consist of three menibers, be
appointed by the Chair to inform the President that the Congress had,
in response to his proclamation, assembled and were ready to receive
any coiiimunication he might dwxi proper to make.
The motion prcrailed, and the Chair appointed Messrs. Cohb, Chesnut, and Perkins as said committee.
The committee, after some time, announced, through their chairman,
that they had performed the duty enjoined and required of them, and
that the President, i n response to the resolutioii adopted by the Congress, woiild commnnicate in writ,ing.
The Chair laid before Congress a con:munication from James A.
Lucas, president of the convention of the Territor? of Arizona, together
with a preamble and resolutions adopted by said convention; which
were referred to the Committee 01: Territories.
Mr. Cobb offered a resolution to fill a clerical vacaiicy i n t h e offices
of the Congress:

Resolved by the Congress of th Conjederate States of Amerzca, That the Secretary of

the Congress be authorized to appoint an assistant in the place of A. B. Clithmll,
resigned;
159

JOURNAL OF THE

Llpr. 29, 1861.

st and second time, engrossed, read a third time,

and agreed to.
Mr, Ochiltrre presented a conimunication from the governor of thc
Territory of Arizona, inclosing a copy of The constitution and schcdule of the provisional overnment of the Territory of Arizona;
which were referred to t e Committee on Territories.
The following message was received from the President, viz:

duty to announce to you that the

manent Government for the Conn each of those States to which it

petual existence.
It wa4 not, however, for the purpose of making this announcrment that I have
deemed it 111y duty to convoke yon at ail earlier day than that fixed by yourselves
for your meeting. The declaration of \zar made against this Confederacy by Ahraham Lincoln, the President of the United States, in his proclamation issued on the
15thdayof the present month, rendered it necessary, i n my judgment, tha t you should
convene a t the earliest practicable moment to devise the measures necessary for the
defense of the country.
The occasion i s indeed an extraordinary one. It justifies me in a brief review of
the relations heretofore existing bet,wecn us and the States wliidi now unite in v arfare against 118, and in a succinct statement of the events which have resulted in this
warfare, to the end that niankind niay pass intelligent and impartial judgment on its
motives and objects.
During the war waged against Great Britain by her colonies on this continent, a
common danger impc4led then1 to a close alliance and to the forniation of a confwleration, by the ternis of which the colonies styling theniselves Stateii, entered set enilly
into a firm leaguc of friendship with each other for their cointiion defense, the sccmity of their liberties, and their inutual and general ~velfare,binding theniselves t u
amht each other n ainst all force offered to or attacks made upon them or any of
them on acvount ofreligion, sovereignty, trade, or any other pretense whatcwr.
In order to uard against any misconstruction of their compact, the several States
made explicit 8eclaration, in a distinct article, that ec~chState vetains its sovereignty,
freedom, and independcnce, and every power, jurisdiction, and right which is not
b y this Confederation c.ipwi.y1g tllqctletl to the Iliiited States i n (ongress fwsenibled.
Undar this contract of alliance, the war of tlie Revolution was successfully waged,
and resulted in the treaty of peace with Great Britain i n 1783, by the terms of which
tho several 8tates were, e w h b?y 7inme, recognized to be independent.
The artciclesof confedurstioii contained a clause whereby all alterations were prohibited, unles8 confirnied by the legislatures of every State, after being agreed to by
the Congress; and i n obedience to this provision, under the resolution of Congress of
tlrc 21st Febrotiry, 1787, the sevcral States appointed delegates who attended a convention for Ihc sole n i ~ dr c p m s purpose of revising the artlcles of confederatioz?,.and
reporting to Congress mid the sereral legislatures such alterations and provisions
therein as sk$, y h e n agreed to in Congress, and confirmed h?y the xtcttes, render the
&derai (hstrtutlou adequate to the exigencies of governmelit and the preservation
of tho Onion.
It was by the delraates rhosen bv the seleral States under the resolution just
qnotec.1. that the Constittitioil of the united States was framed in 1787, and submitted
to the a e v m l Stales for ratification, as shown by the seventll article, which is in thcse
\V?$8lS:

The ratificntion of the conurntiom of ninc States shall he suflicient for the est&lishmont of this Constitution belzceor the Stotps so ratifyillg tile same.

X have italicised certain words in the quotatibns just made for the purpose of
attracting ctttention to the singular and marked cautiorl with \vhich the States
endeavored, in every possible form, to exclude the idea that the separate and independent sovereignty of each State was inergerl into one cotnmon govenlrnent arld
nation, and tho earnest desire they winced to irnprers on the Constitution its true
compact BETWEEN independent States.

PROVISIOZJAL CONGRESS.

Apr. 19, l%l.]

161

The Constitution of 1787 having, however, omitted the clause already recited fronl
t h e articles of confederation, which provided in explicit terms that each State retained
its sovereignty and independence, soine alarm n-as felt i n the States when invited to
rat,ify t h e Constitution lest this oniission ~ h o u l t 1)ct
l construed into ail abandonment
of tlieir cherished principle, and they refiisecl to be Patisfiecl nntil amendments were
added to the Constitution placing heyond any pretense of doubt the reservation by
t h e States of all their sovereign rights and powers not expressly delegated to the
United States by t h e Con~titution.
Strange, indeed, inust it, appear to the impartial observer, tint it is none the less
true, t h a t all these carefully worded clanses proved unavailing to prevent t h e rise
and groFvth in the Northern States of a political school whidi has persistently clainied
t h a t t h e government thus formed was not a compact between States, but was i n effect
a national government, set, up a b o ~ and
r
o w the States. An organization created by
t h e States t o secure t h e blessings of liberty and independence againstforeign aggression has been gradually per\-erted into a machine for their cont.ro1in their domesfic
affairs; tlie creature has been exalted above its creafors; tile principals have been made
subordinate to the u p n t appointed by themselves.
The people of t.he Southern States, whose almost exclusive occupation was agriculture, early perceived a tendency in the Sorthern States t,orender the common Govern- .
ineut subservient to their own purposes by imposing burthens on coin~nerceas a protection to their manufacturing and shipping interesb. Long and an ry controversy
grew out of these attempts, oft-n successful, to benefit one section oftlie country a t
t h e expense of the ot.her. And the danger of disrnption arising from this cause was
enliairced by the fact tlrat tlie Sorlherri populatioii \ias increasing b y inirriigratioii
and other causes in a grmter ratiu than t h e population of the South. Byd+y,rees, as
the Northern States pained prr:poiic!c~airccin the Satioiial Congress, selt-interest
taiight t.heir people t r i yield ~ e a d yassent to ail>-plausible advocacy of their right as
a niajority to govern t tie minority without control; they learned to listen with
inipaticnce to tho suggestion of any eonstitiitional inipcdiinent to the exercise of their
wiil; and so utterly have the principles of the Constitution been corrupted in t h e
irthern mind that i n t h e inangnral address delivered by President Lincoln i n
arch last he asserts, as an axiom whic~hhe plainly deems to be undeniable, that
e theory of the Constitution requires that in all cases the majority shall govern;
antl in another iiiemoralile instance t h e satlie Chief Xagistrate did not hesitate to
liken t h e relations between a State a n d the T.Tnited States to those which exist between
a m n n t y ant1 tlie State i n which it is sit,iia.teti a n d b y which it was created. This is
the lamentable ant1 fundamental error o n which rests t h e policy that has culminated
in his tleclaration of war a p i n s t these Confederate States.
In addition to the long-coiitinuetl antl deep-seated resentment felt by the Southern
States at the pernisterit. ahuse of the powers they hail delegated to the Congress, for
the purpose of enriching tlie iuanufacturing and shipping classes of the North at t h e
expense of the South, there has existed for nearly half a century another subject of
discord involving interests of such transcendent magnitude as a t all times to create
the apprehension in t h e mirids of inany devoted lovers of the Union that its permanence was impossible.
When the several
delegated cwtain powere to thc United States Congress, a
large portion of tile
1)opul:ition consistec! of African slaves imported into the
colonies by the mot
existed antl the right of
as recognized in tlic Co
escape of the dare. The
froiii Afri('it \vas tilso sec:n
trade antericir to a wrtain date, ant1 in no c.l;iu~ccar1 there be fouiid any delegation
of power to the Congress authorizing it, i n any manner to legislate to the prejudice,
det,riment, or discourageiiient of the owiei-s of that species of property or excluding
i t from the protection oi t,lie Governnicnt.
The cliiiiate and soil of the Sorthern States Soon proved unpropitious to the continunnce of davc lal)or, whilst t.11~
convcrsc wiis the ('axat the South. C'ndcr the
~inrestrictcdfree intercourse hctween the two Pections, the Korthern States naturally
cwiisulted thcir own interests by srlling their slaves to the SoutJi and prohibiting
slavery within thcir Iiiiiits. The South were willing purchasers of :I property suitable to their wants, and paid the price of the acquisition 17-ithoutharboring a suspicion *
t h a t their quiet possession \%-asto he distiirbeti by those who vx're inhibited, not only
b y want of constitutional.anthority but by good faith as vendors, from disquieting a
title emanating froin t,hemselves.

J-WI,

1-04-11

JOURNAL OF THE

11 Ithin
soon, however, as the Northern States that pEohibited ,ltrlcan
their litnit3 had reached a number sufficient to give thew represe?ltatlon a c o n t r o l %
in the Congres, a persistent and organized systenl 01 hostile nmmm% against
the rights of the Owners of slaves in the Southern &&!S T\.iiS InaWuratecl and gradually extended, A continuous series of ineasures wa5 dei iced a d prosecLitet1 for
the purpose of rendering insecure the tenure Of pJPertY in pla\
zations, supplied with money by voluntary subscriptions, %ere
in excitiilg a1non st t h e slaves a spirit of discontent and revolt; n
for their escape from their OwnCrs and agents secretly WIlplCJye
tho constitutional provision for their rendition to their OX ners TWS fi:st
then openly denounced as violative of conscientious obligation and religious
duty; men pere taught that it MW a merit to elude, dibobey, and violelltly oppose
tile est3cution of the Pan s enacted to becure the prrforinnnce of the proiliise contained
i n the constitutional coiilpaet; owners of slaves were mobbed and even nlurderrd in
open day solely lor applying to a magistrate for the arrest of a fugitire s l ~ v e ;thc
dognias of tlicse .iroluntary organizations soon obtained control of the legislatnres of
mamy of tlie Northern States, and laws were passd providing for the pllnisllrnent by
rninous fiilcs and long-continued imprisonment in jails and penitentiaries of citizens
of tho Poathern States who should dare to ask the aid of tile officers of the law for
the rpcpvcry of their property. Eni1)oltlcned by success, the theater of agitation and
aggres6lon :tgtinst Ihe clearly eipressetl constitutional rights nf the Ronthwn States
was tratlsferrcd to the Congress; Senators antl Repreucntatives were sent to the m m rliorl clooncils of the nation whom c h i d title to this distinction consisted in the tlisplay of a spirit of ultra fanaticism, arid whosc husineLs wap not to promote the
geric~alwc4fare or insure domestic tranquillity, but to awaken the bitterest liatrcd
agairrbt the citizens of sister States by violent denunciation of their institutions; the
ted efforts to usurp powers not
transaction of pulolic affairs wilti irnpcdecl b y
delegated by the Con.jtitntion, for the purpose
pairing tlic security of propert
in slaves arid reducing those Sbtes \J hich he1
~ e sto a condition of infcriorih
Finally, a great party was organizcd for the prpoee of obtaining the adniinistratio
oC tlic (iovernnie~~t,
n i i l i tlw avowed object of using its pomr for the total csclwion
of thc ~lsveStates from a11 participatioii I n the benefits of the public domain, acquirtd
b y all the 8tatt.a in (~oinnioti,whether b y cmqurst or purchase; of surrounding then1
entirely by States i n wliicli slavcry should be prohibited; of thuv rmdering t h c property in H~:WWso inseciire as to bc cornparatively worthless, and thereby annitnlatinp
rs. This party, thus orgxnection of its candidatt, for thc

f the Sonthei n States ailti tlir

fort of the laboring clabs, dictated alilcc b y infrrt,st aiitl Iiuniatiity, the AfriLan sla\es had augiiientccl i n n u m b e r
froui ;Il)oiit600,000 tit thc. datc of tliv adoption of the ronstitntioiial compact to upn ard
of 4,000,000. I n moral antl social condition they Iiad been elcvated fro111 brntal SATTsgw into tlot*ile,intclligt~tit,and vivilixcd ngriciiltiir:tl laborers; well ;.upplied 1
with hoilily ooniforts bnt \\ itlt careCnl religions Instruction. Uncler tllc pup
of a snprior ril<cL llicir 1al)or 1r:ttl Iwen so tlirtv+ccl as not only to illlow a gratlual anti
niarkotl :iinelioratioti of thcir own cwntlition, but to convert hnntlreds of thoob:irlds oE

Apr. 129, lbbl ]

PROVISIONAL CONGIZESS.

163

sovereign States, siich aq thaw which had united tlienivelves under the coiistitutional
compact. The Deiiiorratic party of the United States iepeatetl i n its mccewful canvms
in IPSG the declaration made i n numerous previous political contestr, that it would
faithfully ahide by arid uphold the principles laid do\\ n in the Kentiicky ancl Virginia resolutionr of 1708 and in the repoit of JIr. Jfadiiort to the Virginia legislature
in I799,and that it adopts those principles as constituting one of the main foundations
of its political creed.
The principlei tliw einpliaticall~
announccxl embrace t h a t to M liich I have already
ad! m t e d , the riglit of eavh State t o jiidge of arid redress the 11 rongs of which it ~0111plain?. These priiic4ples were iiiaiiitainect by overn lielinjng majorities of the people
of all t h e Stateq oi t h e Union at diifereiit elections, espec i::lly i n tlie elections of blr.
Jefierson 111 1805, JLr. 3Iadimi in 1809, a n d 311.. Jicrce i n 1852.
In the exerciie ok a right m ancient, KI \\ell t ))Iishetl. antl PO necessary for selfpreser\xtion, t h e people ot the Contetlerate Sk
in their coil\ entions, tleterniinect
that tlie n rorigs \i hlc.11 t h e v hati t.nltcretl and the e r i h xith whi:ah thcy n ere
nicnaced required that tlic~y~hoult1
re\ oke the delegation (11 powers to the Federal
Government m hich they hatl ratified i n their 6e\ eral cmwntionr. They consequently
passe(1ortiinwncc.s resuiiiing all their rielits as sovereign and independent States, and
dit.soi\etl their connection w i t h the other States of the Union.
IIa\ irig done t l i l h , tliey proceeded to iorrri a new compact among theniselres, by
new ai ticles of (c~nfetleration,
which have been albo ratified by the run\ entiom ol the
sc\ eral State6 1) it11an approach to unanimity far exceeding that of the conventions
v h i c h adoptetl the Constitution of 1787. They have organi/;etl their new Government in all its depnrtnimts; the fiinctionr of the executive, legislati\ e, and juciicidl
nve x i t h the vill of t h e people as displaved,
magiitrates are perfonnet1 in a
not nicrely in ti chccrfiil acq111e
, h i t i n thc. cmtlrusia.tic- <upport of the Govt.rnnicnt thus eutoldishetl l)y t liein
and but for the interfercnc c of t h c Gove~*riinc>iit of the Initotl Ptatcq i n this legitimate cxerciw of tlie Yight of a people to
self-go\ c~riiirie~it,
l)eatc, happine=, nird 1)roQperity\\ oultl iion s n d e on o i i r land.
Tlrnt p a c e i i aitl(~iit1vtlebired by t1)is (hi\ erninent and p e ~ ~ liar
p l ~been nixiii-

It \\as i i i ~plrawre as wcllas niv dutv to cooperate nit11 you in this work of peace.
Intlcctl, in riry address to you on taking thcx oath o f office, antl before ieceiving from
\ o i l the coiiiiiinnication of this resolution, I hatl said, A s R necvsit:, not a choice,
;$(>
ha:e iesorted to ttic. reniedy of separation; antl henceforth our energies must be
dirt,( trtl to the contluct ot our o a n affairs, ant1 the perpetuity of the Confetlcracy
whirh we hare formed. I f a j u s t perception ot niiitual interest shall permit 11s
peaceahlj to piirque our separate political career, ~ i i ymost earnett desire .I\ 111 have
heen fiilfillc~tl
I t I\ ,is i n fiirtlicianc~cof these acwrtlant views of the Coiigrcw antl thc Executive
hat I i<r:itIt. < ~ I O I ( Y , of three
listingnishetl ( itizcns, T+ ho repaired
ntion :tntl t!:tit 01 the qccretary of
lit1 i h c (ligiiitv ut tlic Confederacy
to the, eoiivi( tion that tlir Government ot t h e TJnitrtl btates was tletc~niiiietito itltniipt the conqiiest of this people,
ant1 tliat our ( hc.ri~!:ctlh o p e 01 ]w~ie(~
\\ere iinattniiia1)le.
On the arri\ztl of oiir c o i i i i i i i ~ ~ i o i iin
er~
\Va~hington,oii tlic
-tion of n friciitllv intc
\ il
l?liI \\ 3s done I
wlio had jii-t bee?i inanqnrnlecl, fo. t h o d
e+ixiq oflicinl duties in
the orpani/ation of l i i y ,~tlniiniiti:~tioii,
before (mgaging his attention on tlie object of
tlieir inis+ion Lt \\as not until tlicl 12111 of tht. irronth that t h r y oliiciallv addressed
the Secrctary of State, info
~ i hg i i n of the, piirpoie of their arrii a1 and stating, i n
the laiipuage of their i w t r ion<, llicir \I iqli to makc to the C+overnment of the
Tnitrtl States overtiires fnr
nring the Government of
tlic 17iiitedStates that the
carnestly desire a peacdnl
interest nor their ~vislito 1 1
iicr (lo any act to injure ibeil I a k ~ ~ o i i f ~ d c r a t ~ ~ ~ .
To this coi~inimiic.atioiino foriiial rcy~lv\\ as received nntil thc Stli dpril I h r i n g
the iiitcrval the coiiiiiiissioricrs kiai cwnmitetl to waive all qne4oiis of dorm \\it11

164

JOURNAL O F THE

firm resolve to avoid war if possible, they vent

80

far even

to Il(>ld,(luring

t long period, unofficial interconrw, through an intermediary, T i hosc liigh position

character inspired the heat, hope of success, anti through Ivhonl comkmt X w r from the Government of the United States ot peaceful i11tcntionS;
eterrnination to evacuate Fort Sumter; and further, that 110 lileasure, ( hangexisting stniux prejudicially t o the Confederate States, erpecially at Fort
in contenlplation, but that in the erent.of aiiy change of intention 011
,
the subject notice would be given to the commissioners. The crooked paths of
diplomacy call scarcely furniPh a n example so wantirig in (Qurtesy, i n candor, and
directness as was t h e course ol the United States Go1 errirnent tomrd our comniissionem in \Vashington. For proof of this 1 refer to the annexed documents marked
, taken in connection with further facts 7%hlch I now ptocec'd to relate:
Early in April t'rle attention of the whole country, as well as that of our colnrnissioners, was attracted to extraordinary preparations for an estensiT e niilitary and
naval expetlition i n New York and other northern ports. Theee prep"' ations, coinrilenced in secrecy, for an expetfition whose destination was co~~cealecl,
only became
known when nearly completed, and on t h e 5th, 6th, and 7th April transports an&
vessels of n ar, with tr<JopP,iiiunitions, a r i d rriilibary supplies, sailed froit1 northern
ports bound southward. Alitiiiied by RO extiaoldinary a deiiionstration, t h e cornanswer to their official coiunluniration of the
u&ianers reqiiestcd 1he delire1 of
12th .hfaroh, aricl thereupon re^ vetl, 011 the 8th April, a reply dated OII the. 15th
of tho pre\ioas month, from n h i h i t appears t h ~ tdiiriiig
,
that u hole inter>.al,\\hilst
the c.onimiseioners were receivin :wsuran(w cniculated to inspire hope of tlie burcess of their mission, the Secretary of Gtde aiitl the Prc&lcnt of tlie Gnited States
had already determined to hold no intercowse \\ ith them whatercr; to refwe even
to listen to any proposals they had t o make, and had profited by thc delay created
by their own assurances ill order to prepare secretly the nieans for effecting hobtile
operations.
That these assurances were given has heen virtually confessed by the Governnicnt
of the United States by its wilding a nirsscmger to Charlrston to give notice of its
purpose to use force if opposed i n its intwtion of snpplyiug Fort Siimter. So more
striking ])roof of the absc~nceof good faith in tho cwriducat of the (iorernrnent of tile
United States toward this Confederacy cau be required tliari is cmtainetl in the C I I cumstances whicsh ewoinpanied this notiw. According to the usual coil rat> oE n'!\ igation tile \wwls c~oniposirigthe eupetlitiori designed tor tlw relief oI Foi t PInriter
April; yet with our m n Cliarlrstoii JIarbor on t
Iiington, dctainctl nndr
ranct's that notice sl I ( I !:Id
atfdreswtl to t k m , Init a
to the go\ eriior of S'oiith Carome,cacngc~rI\ as cenr
l i i l i i , ~ n c the
t noticv
h e 8th April, t l i c x e\e of tile very
day OII whir.h t l i c f l
That this nisnt'uver failett iri
it8 piirpow w a not
~
(1 it. A heavy tenipert delayed
t h e arrival c i f thc c.xp(dition :tiid ga\ e t i i n c to theconr~riander01 our forces at ('harlcs-

antes were received

(he f i e ~ w t w
of n'ar and the palms whi

lrtillitiitt affair.

1 ('811 lloh I'cfraiII from a well-tleserved tribntp to the noble fitate,

e ~ l yqmlities of witose people wcre so conspicl1oaRly displayet~
S
hat1 1)ccn irritated 1,s t l q,pc.tac.lp
~ ~ ~ of a
'stoJ1. 1'01' I l l ~ i ~ t ht1lc.y
11their principal liarbor as a stanct ilig lliepapc against tlieiy ll~,:l(.c,

011,

Apr. 2B: lsl;l.]

165

PROVISIONAL COMGRESB.

Built i l l l w t , nitli their o\v11 nioney, i t s cnstody

o an apc+n?\ ~ h oheld IN) p o i v e r over then1 ot.11

(,gated for their

0 ~ 1 I)eiir4t,
1
iiitendect

conficletl with

to IJ(?

for r l i c I'celiiigB of the t)r;i\.c tjiit niifortuiiate officer n-ho had 1)eeii conipelkd to
l u ~ his
~ rflag. A11 i ~ ~ x ~ i i l e r t a ~ i i tof
i i nrxultation were checked ill his presence.
Tlirir coiiimandiiip general, I\ ith t h r i r curdial approval and the coiisent of his Governi;iwit, rc+raiiied fro111 iliiposirig any terms that could wound the seilsibiiities of
t h e coinmaiider of the fort. I l e WLISpermitted to retire n i t h tlic honors of war-to
salute his flag, to depart freely 1vitli all his comniand, and was escorted to the vessel
in \yhicli he eniharked, with the highest iiiarlts of rwpect f r o m those against whom
his guns hati becii so recently directed. S o t only does every e\-cnt connected with
tlic siclge rcfiect tire highest honor 011 South Carolina, but t h c forbenrarice of her
people, a n d of this (iovernnient, from making any harsh use of a victory obtained
uiitlo~c~irc~uiiistaiices
of such peculiar provocation, attest t o t h e fullest extent t h e
absunc~?of m y purpom beyond Pecuriiig their own traiiquillitp and the sincere desire
to al-oi(l the calaniitiw of wtr.

you will c o ~ ~ cwith

u r nie in tlie opiiiioii that in the ahseacc of a flect of public vessels

167

cnel!liiJY.

rl le I)attiit, uflice business in ninrli inore extensive anti iniportaiit than 1i:itl i)et?n

xro iioiv in the fieit1 :it (iiarlcston, PenPacola, Forts Morgan, Jackson, St. fhilip, and
Iulaski 19,000 iiien, iuicl 16,000 art: n o x en route for Virginia. It is proposed .to
orpanizc aiid Ii(11d in rc,adincw for instant action, in view of the present exigencies
r,f the ci~nnti.y,a n ~ r i i i yof 100,000 men. If further force S h C ~ l l kbe
~ needed, the wistlo:u m t l patriotism of Congrcsr will be confidently appe~tlctltc, for authority to call
into the field atlditional riuinl)ers of our noble-spirited volur:tec.rs, ~ l i are
o conetantly
teiirI:.ring scrric:e f;ir in e
llic ol)emtions of the
have been necosuarily restricted by the
for the p~ircliaseor confitructioii of more
fact that suflicient time 11
o 1 he public service. Two vessels pura limited iii!rnber o
etl haw becn nsinetl tlie Sumtw arid >!cliitt:, and arc IIOW being prepared for
it Xcw Orlrans wit,h ail possible cli,qpatcli. Contracts have also hecn iiiaile at that

appropriatioii iw that parpose. llithcrto bnch stores have usually been prepared at
tlie na\-y-yariir, and no :Lppropriation was
oiir last, semion for this object.
T l x Secretary also calls attcntion.to tlic
10 provision has been made for
ens. Xany of these persons are
t J r c p::yitmit- ot i n v d i t l pciisions to our o\
ntlvaneetl in life, they Iravt? no ii)cans o f suy

v to pay t l i w : pensioners, as well

as those of the Ariiiy, ivl~osec!ainis can sc
w e d $ i O , ~ I O i ) licr annum.
icral 1r:w alrtmly succeeded in orgaiiizing his Department to
silc.11an extent as t o I)o iii reatIint~Psto as~iinii:the clirertivn of our postal affairs on
ice of tlio rontingeiicy conteinplated by t h e act of 15th of March, 1861, or

YlXJBNAL OF TEE

Apr 29, 1Ybl 1

PltOVISIONAL CONGRESS.

169

Pou w which covers 11itii its protevtioli tlie just cawe, a 1%~ 1 1 1continue to struggle
for our iiihcwnt right to irc,edoiri, iiictepeiideiicc, and self-go\ eriixiiexit
.J F:FFERGOX DAVIS.
Momc1owmi~,
I l r , \., .1pril $<I, 1x61.

~ o n g r e s sthen wcnt into secret session ; and aftcr remaining some

tirnc therein, atljournctl until 1%oclock to-morrow,

sixwrr

SI~:SHIOR.

Congress haoing rosolvcd itself in secret session,

M r . Toorntts movcd t h at tlic documerr t s rcferred to and accompanying thc niessnge from tlie Irt~sident he referred t o the Comiiiittee on
Irinting, and that i t be lcft to the diwretion of a i d conirnittee as to
what portion of theiii shall bc printed and as to what poition of them
be printed for. secret and what for open scssion.
r ,
1 h e motion wa5 agrted to.
On motion of M r . Khett, it was agreed that the consideration of the.
Ircsidciits message be the spcciai order for to-morrow, Tuosday, 12
o cl~ck1x1.
O n motion of Mr. Keitt. the hour for t3he daily assembling of Congress was fixed a t 1 2 oclock 111.
Mr. Ilcmphill ofic~rcdthe follon ing resolution:
r*

I : t w / t ( ( I , That Fwi I( lIculix1T h e appointed rngrossiiig clerk of thib Congress;

which

i7 A?.

on iiiotioii of 311. Crawforcl, rcfcrrtd t o the Committee un

r. Toonit)\ oflercd the following resolution:

tolwl, That the Coiiii~uttevon Foreigri Affairs, if the? comerit 11 is expedient,
pielmre and report at t h e enr1ie.t con\ enient time a I d 1 authorizing the granting
Irttc*rr of i ~ r a r q u ea n d rc>pri-al against the Vnitcd Stater.

The rebolution vas agrecd to.

. ?he Chair h i d before Congress a report from the Secretary of Conrcklatirc>to disbursements o u t of the contingent fund of Congress;
which was referred t o the Comniittcxe on A4ccoants.

Mr. Z\/leniminger offered the follou~ingresolution:

IZcaohfd, That the Corninittee on Finance be instructed to inquire antl report upon
tlio rspediency of excepting imports from the States of Tirgixiia, Sorth Carolina,
Tennesbee, Arkansns, Kentucky, Miseouri, Maryland, antl Delawarc from the operation of t h e rooenno lam, and that they hme learn t o report by bill.

The resolution wtis ag-red to.

On motion of Mr. I3rookc, it was agreed that the Chair fill, by
appointment, the vacancies in the standing comniittees occasioned by
resignations of members of Congress.
I n pursuance thereof, the Chair appointed Mr. Jones in stead and
place of Mr.Lewis on the Coinmittees on Patents and Indian Affairs;
3lr. Daviq in stead and place of Mr. Pearn on the Committees on Territories and Public Lands, and Rlr. Orr i n place of Mr. Wilson on the
Conirnittees on Patents and Engrossment.
It was further agreed that the Committee on Foreign Affairs be
increased to the number of seven.
Whereupon, the Chair appointed Mi.. Wigfall upon said committee.
Mr. Bartow moved that 1,000 extra copies of the Presiaents message be printed for the use of the rnernbers.
On motion of MI-.
Curry, the motion was referred to the Committee
on Printing; and

.JOIJRNAL OF THE

170

[Apr. YO, 1861.

oilmotioll of ;cilr.Curry, a standing rule W ~ L doI>tCci

S
by Wlli(.l1 d l
motions to print extra copies of any docunient ht? rcferred to th(1 COIIIinittee on Printing.
Mr. Rhett lnoved that tlic ineinbers of Congress who had not signed
the enrolled permanent Constitution be requested to affix their signatures to the same.
The inotion prevailed.
(In motion of Mr. Crawford, the resolution adopted in open s
Fvhich authorized the Secretdry of Congress to appoint a11 :LS%iS
the lace of A. B. Clitherall, resigned, was reconbidcud.
~ i resolution
e
was then referred to the Corriniittee on R c c m m t s .
Mr. Wigfall introduced a, bill to raise an additional military force;
which was referred to the Committee on Military Affairs.
On motion of Mr. Withers,
Congress adjourned nntil 1%~ ~ c l to
o ~morrow.
k
rUESI)AY, h i m , 30, 1861.
011~C5 sE8RION.

Congress met ursuant to adjournment.

Prayer was o wed by t h e Rev. Mr. Mitchell.
Mr. Chilton presented a comniunicatiori from A. Hatchctt, o f the
cit,yof Meniphib; which w a b referred, without being read, to tlie Committee on Military Afftiirs.
Mr, Cobb presented n meniorial from certain ministers of the gospel
rcltitive to the ;tppoint,mcnt of chnplains for the Arniy ; wliich w:~s
vcferrd, without being r ~ : d to
, thc Coininitlee on Military Affairh.
Mr. Ocliiltrcc laic1 \)cfore Congress a ineinorial from ,J. P. Nash,
It. 1. Crump, and otlicrh, suggesting the establishnient of an armory
i n tho county of &l:trion, State of ltxxs; which TVXC; rcferwd to the
Coiiiinittvc o i i Military Affairs.
Congress theii went, into scvsct scssioii; itnd :tft(lr mnainiiig some
tinic thcrcin, adjouriitad until 12 oclock to-rnorrow.

s1~:cI~l~r
SB:sSION.

Congress hiwing rc~solveditself i n secret session,

Mr. Chilton nioved tlint, thc Coniniittcc on Iuhlic 13uildings be
t Congress relative to tlw ocwp:Lncy
iirhtructcdl to inquire :uid ~ e p o r to
by tlrc Oongress of thc Hall of the House 01 Keprescntativcs.
The iiiotiori ~rovnileil.
MI,.
l h t t of ered the following resolutions:

l?esolred, ilrat so inuclt of tiit

message : L I I ~ ;Iccompanying tlo<y1iii(qits
119 r@lHkSt0 the p~riilaii?iitCO11
he Confederate States be referred to the
Uoinrnittee on tlie Isriii,inent (
(2) That, so riiucdi ot the scud iri(ssagc and accompanring dociiments ils relate3 to
the tiffairs of t l i c Uniteti S Y n lth tho (:onfederate Staies, to letters of n ~ r q u e:ind
reprisitl, lo miding (oiiri
011?r8 t o the south American States, aiid the a(*tioii of
tlic Slate of Virginia, be
~ c to~ thc
d Coinmittee 011 Foreigrl ,iffairs.
( 3 ) That no n l L 1 c ~ h ol 9
nirssage and nccornpnnying docunieiits as relates to the
htc loan and tlie opei ittioris of tliclrrasury be referred to the Coilinlittee On Finance.
( 4 ) Jhtso iiiucli of mid iiicsaage iiiiit accompanying doculnenb as relates to the
patelit 0ffic.cm d tho grniiting of ))atelits be referred to the Committee 011 Patelltq.
i ! i w l i of the said iiiessage and
~ing
of troops, the rmk of g(
referrod to the Coniinittce on

hat so ~ i i u c hof t h e said itlessage antl acconilmi>ii

\ arid t h e c ~ ~ t t h l i c h ~ rof
~ em+pAine
ut
iriiil o r t l ~ i n ~ i
it.ic.i I t l t I LO the Cvniiiiittoe on ~ a \ aAffair-.
l
( 7 ) That b o IUU( 11 of the said irieszage antl acroiiipanl iiig douuiiir~ntsas relatcs to
the Jo5.t-Officrand postage be referred to the Comniittee on Postal .Iffair.;.

The resolutions were agreed to.

Mr. Cohb made the following report, v i z :
The Coinniittee on Printing, t o honi Mas referred the printing of the Presidents
message and arcompanping docwiient~,ha\ e had the saine under wriritleratiun and
report:
That they recornmend the printing of 5,000 copies oi the message in pamphlet form.
That t h e report of t h e Postnia5ter-Gerieral and exhibits be submitted to the
chairiiitiii of the Conmiittee o n lostal AWair., to s e h t therefrom, in eonnectioii
~ i t thh e Io.t~iin,.ter-<;eneral, mcli matteis a5 they bee proper and haTe a~ many
copies thereof printed for the UFR of t h e Congre5- and the Dcpartment as they may
decide to be necessary.
The remaining repui ty and at coiiiyaiiying docuincnt-; the coniinittee recoinmend
shall not be piinted at prewnt.

The report WRY agreed to.

Congress tlien took lip for consideration, from the Calendar,
A bill in relation to citizenship and t o prercribe uniform rules of
naturalization.
On inotion of Mr. Clttpton, the mile wns recommitted to the
Committee on Judicinry.
T h c ncxt regular ortlei. being
A bill to cstxblizh ti patrnt office, and to provide for the granting
and issuaricc of patents for ne~vniid I I ~ discoveries,
Y
inventions, and
iiri!;rovc.nicrits;
x h i c h war, on motion of Mr. Rrooke, recommitted to the Committee
0 1 1 1iLtCllti.
r
I hc nest w g ular ordrr being
A bill t o proridc w w n u e from coni~noditiesirnported from foreign
count rim
On Iizotion of A h . McKac, thc ~aiiiewas recornrriitted to the Comriiittcc on Finance.
Tlic next regular order on the Calendar heing
A bill to prevent the importation of African negrues from uii.v forrign c~ouiitryother than the slaveholding State.; of the United States,
and to punish per+ons offending thercin.
The same was, on motion of MY.Clayton, recoiiirnitted to the
Committee on Judiciarj .
On motion of Mr. Chesnut,
Congress adjourned until 1 2 oclock tomorrow.

WEIISESDAY, lVar 1, 1861.

OP RS SESSION.

Congress met pursuant to adjournuient.

\
by tlir: IZev. A h . Lhvi.;.
Prayer ~ : i offered
The Chair prescntcd to Congrc5s a. communication and resolutions
froin the Baptist con\-ention of- the State of Georgia; which were, on
motion of Mr. TTright, ordered to be spread upon the Journal, and are
as follows:
ATHESS,G i., A p ( 129, 1861.
SIR: I have the honor of transmitting to yoti the accorllpanving resolutions unanimously passed on Saturday lait Iiy thc Bsptist convention d the State of Georgia,
with t h e reqnest that you u i l l p r t v n t them to the Congress over which you preslde.

JOURNAL O F TITE

will direct aiid bless the councils of ttrc Congrets antl tile C<infeclei:tte
verninent is the prayer of the Baptist convention ot Georgia, and of wrie 1110r~
cerely than your obedient servant,
N. M. CIZAWFOKD,
Chaimncin oj' the Coninzitter.
HOWELL CoBn, President of Congress.
At the meeting of the Baptist convention of the State of Georgia the follovi1g preamble and resolutions were unanimously passed:
Whereas the State of Georgia, in t h e legitimate exercise of her sovereignty, hap
withdieawn from the confederacy known as the United States of ilmerica, and for the
better rnainte~~ance
of her rights, honor, and independence has united 1%it11 ot11t.r
States in a new confederacy under t h e title of the Confederate States.of Americl, antl
hereas Abraham Lincoln, the President of the United States, 1s attempting by
of arms to subjugate these States in violation of the fiindaiiiental pri1wiples of
American liberty: Therefore,
(1) Resolred, By the members of the Baptist convention of the State of Georgia,
that we consider it to be at once a pleasure and a duty to aww that both in feeling
bird in principle we approve, indorse, and support the Government of the Confetterate States of kinerical
(2) I?e+so/retl, That while this convention disclainis all authority, whether ecclwiastical or civil, yet as citizens we deem it but a duty to urge the union o all the peoplc
of the South in defense of the conirnoii cause, and to express the confident lielief that
in whatever conflict the madness of Mr. Lincolii and his Government ma) force ul)on
is the Baptists of Georgia will not be behind any class of our fellow-citizens in maintaining the independence of the South by any sacrifice of treasure or of blood.
( 3 ) Resobqed, That we acknowledge with devout thankfulncss to Almighty God
the signal favor with which up to this time He has blessed our arms ant1 o w policy,
and that the 13aptist churches of this State be requested to observe t h e 1st ~ i r i t l2 1
daaye of June next as days of fasting anti prayer that God will deliver us from all thc
power of our enemies and restore peace to our countyy
(4) Itmolz~td,That the Confederate (+ovrmment be requested to invite t h e churches
of all denominations within the Confederacy to unite in observing said days of hutin0 anci prayer.
75) 12euo/ued, Ttialt copies of these resolutions be sent to President Davis, t h e Confedcrate Congress, and the governor of Georgia.

, Mr. Shorter offered the following resolution:

f k ? S ( J h d , That one hundred topics of the Provisioiial and perinanent Constitus and the acts aiid rcsolutioriv of Congress passed iip to mid inclusive o f the sixith oE M'irch, and froin which the injunction of secrecy has hmi renio~ctl, I)c
printed fur the iist: of the Congress during the present session, and thst the C'onmnttet: on Printing bc inxtruotcd to inquire and report as to the expedienry of having
printod cstm copies of the same.
1 1

1bo resolation was agreed to.

Mr. Ochiltxc introducod
A hill to be cntitlcd "An act to establish a port of mtiy at Stbinp
PUSH,
in tho Stiitc of r l ' ( , ~ zind
~ i ~ ,t,o provide for the appointment of n
collccto~for thcl srune; '*
whic.11 m t ~ on
, tilotion of Mr. Ochiltree. referred to the Comnittcc or1
Conimorciul Athi1.s.
11I'. IIcinphill pI'esctited a communication from K. T. Brownuigg,
~ c c r e t w qof tlic: convention of Texas, together with resolutions :doptctl
by thc coitvcntion; which werc, on iiiotiorl of Mr. IIernphill, orclercd
Lo bo rntorcd at large on the Journal, aud are as follows:
CITY OF

5fC3SWh. ,TotrN GREGG,

Answv, TEX.,
E'riday, Mawh 16,ISGI.

w. 13. Ocrrtr,~xslr,T. PI'. WAitIl,, anci \v. s.OLDIIAJI,

~ f 8 i l l b F r SO?f C'o,l$JrChS.

By iilsiruction of the people of T e r a , I transmit you tllc nlc.lose(~

resolutions, rtdoptcd this day in convention.
To-day thc additional returns of thc votes npon the ordirlarlce of secession wrre
tl'i%l~s~nitted
wit11 the following result (in r o u ~ ~numbers).
d
Total rote recxeived,
54,000; majority for svression, 31,500 votew.
Tnily, your friend,
1%.T.BROWNRIGO,
Swwtcmy qf tlic c'om etrtion.
C?lN'PIjEMEN:

!I<,\ ! !%I ]

PKtOVISIOWAL CONGRESS.

173

as heard \+it11profound patipfaction of t h e election

iilexander 1. Stephens, of Georgia, to the
, itlent of the Proyiwnal Go\ crnment of the Conin their well-kno\t n ability, expprience, RncI

, and

ple guarantees that the high and hiportant

o adininistrred in these times of peril ar wtll
ert interests of the people.
foregoing resoliltion be comniunicated to our
Adopted in (i)nvention, a t the city of Austin, on the 15th day of Xarch, 18hl
It. T. 13EOWAltlGG,
Srcretnzy of tkr < ?JW eictton.

Mr. Bartow. from the Cornrnittee on Xilitary Affairb. oifcrcd the

following rcsolntion:
12t.~olved,That the Ciliiniiittw on \lilitary Affairs liare periiiiscion to print w c h
portions of the report of tile Secwtaiy of War ant1 a- man! copieq thereof a%they
may deem necewar) ;

~ ~ I i i cT Wh ~ Sadopted.
Congress mciit into secret ses4on; and after remaining some time
therein, adjourned until to-morrow, 12 o'c*lock.

smmx

RESSIOS.

Congrehs h a v i n g resoli-ed itwlf i n secret session,

1\11.. ('1;iyton offoi-ed thc f o l l o irig
~ resolution:
l < ( s d({d , That 50 irluch of the report of the tttorney-General as relates to the
~tliiiirriitrationoi juitice be referred to the Jritliciary Coininittee and t h a t SO much
'iu r,>latcx. to tlir iiiattcr of printing be referred to the Conlinittee on Printing.

'1'11(1 rewhition wile agreed to.

Air. l<bctt, froin tho Coriiiiiittce on Foreign Affairs, reported

AI bill to bc e n t i t l d ''An act recognizing the existence of W R
I the Cnitcd Statcr; :tnd the Confederate States; and concerning
)I iri:arque, prizcs, nnd prize goods:"
which 1va5 rmcl a first and second time : and, on motion of Mr. Withrrh, \\a,+ordered t o be placed on the Calendar to be printed and made
the s p e c i a l order o f to-morrow at 12 o'clock ni.
Xr. Chilton oferc~lthe following resolution:
I~eso/ced,That the Committee on Commercial Affairs be instructed at its earliest
d a t e t h e coasting trade of this Confederacy and
s mliich shall supersede and be in lieu of all the
which have been adopted by this Confederacy
~ s i s t i n gIxws of the Uniteil
upon thc subject of the coastiiig trade, registration, enrollment, and licensing of ships
and T esqcls ;

ton7 enience to report a hill

the registration ot bliipi and

hich WLS agreed to.

Xr. Ochiltrce offercd the followiiig resolution, I iz:
i'?eso/cI ( [ , T h a t t h e C iniittee n n \Iilitary Affairs be instructed to inquire into
the liere-ity for tlie cv-1 ioii o t a fort at *ahhe Pa$$,on the contheast corner ot thc
cmaut of t h e Ptatc of Tc.
, for the protection and defense of the salne, and that the
wait1 coinniittecx be rcqncsted to report at the earliest practicable day b y hill or
other\\ ibe ;

which

:ilgwed to.

S1 r. Erooltc oftered the following resoltition: n-hich was agreed to,

viz :
Rutol! d,That the Coniinittee on Military Affairs he instructed to inquire into the
cspediency of authorizing the appiiitment of an hbbistsnt Secretary of M7ai-.

Mr. I3oyc~reported a bill to cliaiige the seat, of gorerntneiit from

the city of Montgomery, A h . , to the citJ- of Kichnlond, Va.; which

PROVISIONAL COX G'ltlCSS.

175

T h e ha1110 ~ : di o\ p t c d .
Coiigi-th5 11 crrt into werct sc~zion: a d after reniaining sonic time
therein, adjourned until 12 o'clock to-iiiorrow.

Congress h a ~ i r i ggoire into secret h C \ \ i o t r . I)i'oeeeded to the consideration of the 5yeciitI or.dt~i.,J i A :
A\ bill to be crrtitlcd ' * A 1 1 act recogiiizing the exihterice o war
between the V n i t d Ptatcs and the Conf&rate State\: and concerning
letters of i m r q w , prjzeh. and prize goods."
'I'hc prcamblc having h w n rcportctl, Jlr. tVither+ ~novedN >uhstitutc
tht. rcfor .
0 1 1 lrlotioii of Sir.. Conrad, the further considerahior1 of the bill was
p 5 t p i l d until to-inorr'obv-,and it was ordered that the zubstitute for
thc prcamhlc, ofTcred hj- Mr.Tithers, together with any other amendillelits rv1iic.h iriay be handed in, be rioted.
l'hc first ~ . e g d a rorder on the Ca eridar h i r i g
X hill t o be entitled "Aii act relative to telegraph lines i n the
Corrfcder:tte Stat<>.;.''
Congrths took u p tliv ~ x i i w1))- ,ectioii<.
1'1-IC
wco:itl scetioii l)c.ing a< follox
. L' ' ~ I L L L t l i w ~ 1 ~ lr(x
1 1:ittacliid to the I'ost-Ofiict Department an additional

7:

(L

I<ureau, to c o w - t of one superiiiteiitlent, u, 110

1)) aiid v it11 the ad\ice and conGent of the Coniclcnt shall authorrze the Postmaster-General to
ndent ihall be
dollars per annum, and of

0 1 1 motion of M i . l'erkins, thc firat l~laiiliwa5 filled with the words

"thrce thousand '* autl the other b j the ivords "one thouhand."
The fourth st~kionhcliiig a s follo\vs:

81( . 4. Ttint llic ;n P~III('E of all telcqraphic liiieq shall be appropriated to their
curl e r i t ~ ~ x p r n s cand
\ nraiiitc~naiice 111 good running order; the wrplus, if an!, shall
l)tl imitl to tlie piopi-ietora ihcreof; iiat i t hai(l proprietors l,e alien enerniec, the P a i d
u p l u ~shall be paid into thc p1G)iic t r r a w r y , subject to the further order of Cone s ~ on
, tlie tcvrnination of t h e nw.

3 1 ~S
. i s h t n i o \ cd to aincirtl thc w i i c t ) j inserting after the words
tclegrsphic linc~."11 hero thcly o(*clti*,the words '. IIOW in hand or
hereatfter to 1)c reccii c d . "
Mi.. Howell Co!:b 11101 etl i o postlwne the furthcr considenttion of
thv hill until to-tilorrow.
The motion pre\-ailed.
On motion of 311.. Ihooke.
Congress adjourned until 12 o'clocli to-iiiorrow.
"

y'RIL)fiY, AlAY 3, 1stil.

OPES

s1'.ss195.

Congress iixt pursuant to adjournmeiit.

Prayer wtis offered by tlie Kev. M r . Pellicer..
Mr. Ochiltree presented a. corririiuiiication from E. B. CoIIins, togetht.1. with a design for n seal for the Confederate States; which were
referred to tho Comitiittw on F l n g and Seal,

176

JOURNAL O F THE

w a y 3,18~i.

Mr.Shorter, from tho Committee to Arrange f m Oovernlrlcnt Buildings, made the following report:
The Committee on Government Buildings, to whom was refei:re(f !he ~ w I I I ~ I I ~ I ~ ( - ~ tion of his excellency the governor of the State of Alabama, ~ t i v ~ t l nCgo n g ~ t ~ i ~
occupy the hall of the house of representatives of said State, report the folloming
resolutions:
Rcsolzed, That the President of the Congress communicate, in behalf of t h i p body,
to his excellency Andrew B. Moore, governor of the State of Blabama,.their thaiiks
for the tender made by him of the hall of the house of representatives for the usv of
Congress, a d inform hini that his courteous invitation to occupy the same is accepted
by the Congress.
Resolved, That when Congress adjourns this day it will adjourn to rcasseinblc in
the hall of the house of representatives of the State capitol.
SHORTER, Chnirrmti,.
The re ort was agreed to.

Mr. &esnut moved that an additional member he added to the

Corrtiriittee on Territories; which wasagreed to, and the Chair appointed
Mr. Oldham on said committee.
Mr. Cobb, from the Committee on Printing, made the following
report:

The Commlttee on Printing, to whoni was referred a resolution in rclation to

printing extra copies of the Provisional and permanent Constitutiom, act,,4 and resoution? of tlw first session of this Congress, recomniend that 1,000 extra copicq he
printed for distribution.

rhe

ort ww ag,g.r~ed
to.
Mr. I-; orter, from the Committee on Engrossment, reportcd

its

ritinent of chaplainsin the Army; also

. Qcn. G. T. Ihurcgard and the n ~ i n y

iindar his command for their conduct in thc affair of Fort S:unlter.
Congrws went into xccret wssion; ti~icllifter remaining some tiiric
therein, udjourncd until 3 2 oclock tomorrow.
SECIZIX SESSION.

Congress hfiving rcsolved iteclf in secrr t session,

Mr. IZrooke offcrcct the following resolution, to wit:
A rwoliition to e s t e i ~ dthe provi4onh of

11

reqolutiuu appro\ cd March fourth. eightccri hnri(litv1

<lxtp-onc.

:i r i d

IZr.uoltd,Tliat tlic resolntion passed by t h b Congress and appro\ ctl i\[:irch fowt 11,
ejqlitrrn Iuintircd :md sixty-oiie, in relation to patents and cbaveats, be exterdttl to
ntixenn oE d l tho slarcholding States;

whic41 \\ti?: r(wl the first and second times, cngrossed, read :t third
tinw, : ~ n d:igrwd to.
ritcd ;I, communication from E. A. Huntcr rclai m i t of an armory for tho Confcder>ita St:itc\;
, without lwing read, to thc Committee on Jlilitnry
A ff :iirs.
M r. IZ:~rtow,from thc Coinmittre on Military &fairs, rcportcd
A bill pro\ irling for R ~egimcnt~
of zoiiaves in the Army of the Conf edortitc Statw ;
which \VILS rwcl tho first,iind second times, engrossed, read B third time,
tirid p:isstd.
Mr. IZtwtow, rorn t,he same uommitter, reported
A bill to miso titi iidditional military force to serve during the war;

177

PIIOVISIONAT, COXGRESS.

3 h y 3. lX(il.1

which was read the first arid second times, ordered to bc placed 0x1 the
Calcndar, and printed.
Congress tlricri proceeded to thc consiclcration of the special order of
the (Lay; which wns
A bill recognizing the existence of war bettveen the IJnited States
and the Confederate States; and concerning letters of marque, prizes.
and prize goods.
The first section being as follows:
mox 1. The Congres,y of the Confrderate States qf drnericu d o enuct, That the
lent 01 the Confederate States is hereby anthorizetl t o use the whole laiitl alitl
naval force uf the Confederate States to wagc tlic war thus inaugurated, and to i.ssue

t:) pri\-ate armed vessels coiiiniiysionp, or letters oi marque and general reprisal, in
such forin as he shall think proper, untler tho wal of the Confederate Ptat,es, against,
the 1-essela, goods, and effects of the Goverrimerit of the Uriittv3 States, and of the
(:itizens or inhabitants of the States and Territoriep thereof, except the States and
Territ,ories hereinbefore named.

On motion of Mr. Chesnut, the same mas amended 5 striking

tlierefrom the word wag:(?,where it first occurs, and inserting in lieu
thereof the word meet.
On motion of Mr. Harris, the same was Further amended by striking out the word inaugiii-xted, w h e n it first occurs? and inserting in
lieu thereof the WOr.(l CO111II1CIlC(?d.
11r. Wallrcr moved to fiirthcr anierid tlic section by adding thereto
thc following, to wit:
I

IJ,oridetl, lmcectl, That Ixoperty of the eiieriiy (unless it be contraband of war)

laden on board a neutral ~ e s s e shall
l
not be Pubject to seizure under this act: And
ch:d,fu,~thW,That vessels of tilt? isens or iiiliahita~itsof the United States now
c ports of the Confederate Stat hall he alloi\--edthirty days after t h e publication of this act to leave saitl ports a reach their clestination; a r i d P I I C ~ sasaels and
their cargoes, excepting articles contra.baiid of war, shall iiot be subject to capture
rrntler this act during said period, unless they sfiall have previously reached the destination for wliicli they were bound 011 lcavirig said ports.

On motion of Mr. Cobb, the amendment w a s divided into two propositions, viz, the first and sccond proviso, and the same were each
:L(W!ncl to.
a,
I he section as amended reads ns follows, viz:
1

WION

1. The Congress oj the Confederntt~ S t d ~ s0s .4m

do e m d , Th at the
crate States is hereby authorized t
the whole land and
derate States to meet the ~ m thus
r
co~nmerrctd,and to imue

sriali form as he

thirty clays after the publication of this act to leare e d ports and reach their tlestination; and such vessels and their cargoes, excepting articiec! contraband of war,
sliall not be subject to capture under this act duririp said pariotl, uniess t h r y shall
have previously reached the destination for which they were bound on leaving
said ports.

The twelfth section being 8s follows:

SIW.12. That the comrnaiitlcrs of vwscls Iiayiiig
aforesaid, neglecting to keep a journal as afores:iic
entries therein, or obliterating any niatcrial tranea
of t h e Confederate States is concerned, or refusing
nal, commission or certificate, pnrsnarit, to the prcc
in such cases the comriiissioiis or lvttere .!f iii:ircinc
i.J-VOL

1-0&---12

arqne aiid repi-a1 as

making r a d i iImt
11, wherc the interest
nd deli\-er such jour1 of this act, then and
of such yessels shall
,I,

178

,JOURNAL OF THE

[Nay X, 1861

liable to be revoked: :m(l s w h tonunandcrs, respectirely, shall forleit for (V

such offenve the sum of one thousand dollars, one. moiety thereof to the US( of the
Confederate States and the other to the informer.

On motion of Mr. Ithett, the same mas iinended k~- inserting after
the word obliterating, where it first occurs, the \Tords the record
the word transa~tions,\VhPrP it first
and by inserting
O G ~ the
~ r word
~ , . contained. so that the sentence Will Yead 01
obliterating the record of any material transactions contained
E
therein, etc.
The fifteenth section having been read, and which provided that 2
per cent of t h e prize money and salvage be pledged t o thc support of
the aidows and oryllanb of tliobe sliih in the privntecring sclTTicc,
On rnotiorl of 311.. Loombs, the same was amended 1 1 . ~driliing out
the words 6 two per cent, where they ~ c c u rand
, inserting in lien
thereof the voids five per cent.
r1\ he preqmhlo king. as follows, viz:
Whcq-ear the President of the United States of America has issued his proclamation lnaking requisition npon the States of the ilinericari Cnloi1 for seventy-fire
thollsalld nien for the ptirpose, as therein declared, of capturing forts and other
stroi~ghold~
viithin the jurisdiction of and belonging to the i:otifecterate Stntea of
Amerira, and has detailed naval aririaiiients upon the coasls of the Confederate
States of America, and rai,sect, organized, and equipped a large military force to execute the purpose aforeswid, arid has issued his other proclalnation declaring the
ports of the Confederate States in a state of blockade; and
Whereas thp Gtatps of Maryland, Virginia, North Carolina, Keiitucky, Arkansas,
and Missouri have refnsctl, anti i t in believed that the State of Delaware and the
inhnbitantu o f tlie TrrritorieP of Arizona and New Xevico will refuse t o cooperate
with the (iovtmuncnt of the IJnited States in these acts of hostility aiitl wanton
aggreshion, w hich are plainly i n t e n d d to overawe, oppress, and finally snbjngate
the )eople of the Coiifectcrate States; and
\Vfrcrras by the acts and iiieaiis aforesaid, war cxistii be twen the Confetltlratc.
StatcH and tlrc (:ovcrnuient of thc lnited State3 and the States and Tcrritorics
tliercof, cxcc.pt the Stat f SI:tryland, Virginia, Korth (nrolina, Kentuelry, > l r l ~ w ~ sass, Missonri, aiid l)c
i w , and thc Tcrritoriei of Airieona and New Mexico:
Tlicrcfoi e,
r7

lhe qucxtion w i s , 0 1 1 the motion of Mr. )Tithers, to amend by

striking out, thc s:inic :ind inscrting i n lieu thcreof the following,
to wit:

311ry 3, 1861 ]

IROVISIONAL CONGKESF.

179

To the cnd illat these Conietlerate States niay effectnally meet thp state of hostility
thuc forced upon t h m In t h e said Abraham Lincoln and the States and people who
adhercl to him, that tlrey may repel invasion, vindicate their rights, maintain the
rightful go\ ernnicmt of their choice, ant1 protect and defend the property, lives, and
liherties of their inhabitants;
Tlir Conqress o j the Conftdernte lCtntes of Ame~*tcccdo derlnre, That by reason of
the nieans, actau, and circiitnstances hereinbefore recited, war exists between these
Conicdeiate Stater and t h e Government ot the said Lincoln, antl such of t h e States
and Territories a adhere to him, hereby excepting the States of Delaware, Maryland,
\irginia, Sorth Carolina, Tennewee, Kentucky, Xisouri, Arkansas, and t h c Territories of Arizona and ?\ erv Jleuico: Therefore.

1\11.. Jlalkcr niol-cd to niiiend the preamble of the bill b,. d r i k i n g

therefroin the first sentence, \-iz, to and inclusive of thc Korcl * blockade, where it f i r h t occurs, and inserting in lieu thereof t h e follow
ing, viz:
T\hereas the earnest eflorts made b y thip Government to establish friendly relations between the Go\rer iiment of the Tinited Stztes and the Confederate States, and
to settle all questions of disagreement between the tn o Govei iiments upon principles
of right, justice, equity, and good faith ha5e proved unavailing by reason of the
refuPal o l the Government of the United States to hold any intercourse \I ith t h e
c~ori~iuiesione~s
appointed by this Gorernment for the purposes aforesaid, or to listen
to a n y p r o p o d they had to iirake for t h e peaceful solution of all c a u m of difficulty
bet%een the two Go\~crriment~,
antl
\\hercar t h c PreLidcnt o! tlic Vnitetl States of I I H C ~ I C R has iwued his proclamation making rcqnisition upon the Stateil
American Union for seventy-five
thousand inen for the puq)osc, :H tlicwin
ted. or capturing forts and other
btl011gk10~d5i\itliiii the jnrihclic4,on of aiid
ng to the Confederate States, and
oi orerturniug hy force o f arnia t h e iritlepcndent goiwnment established by the
St2te.r o f this Csiif&~iacy, a d has detailed naval xrmainents upon the coasts of the
(oiiiedcrate Stateq, antl raiwci, organized, and equipped a large military force to
excmitc~the pnrpo~esaforesaid, and has issued hip other proclanlation announcing
h i r piii-po~(~
to 4 on foot a blockadc of t h e ports of the Confederate States.

1\11.. Conrad movcd to :imeid the same by substituting for the subhtitntc off crcd by l r r . \Tither5 the following, vie:
TVhcsreas the Irc idcnt oi the Tnited States persists in retaining possession by force
of arms ot sereral !oititicatioiis belonging to and mithin the limits of this Confed-

eracy; has declared all tlic waportq thereof to he in a state of blockade; has raised
an nrriiy of qeventy-fi I e thouqancl inen i n itdtfition to the regular force authorized by
law, and is causing the Same rapidly to concentrate on the borders of the Confederacy; has cawed ralualde niilitnry and na\ a1 estahlislimeiits belonging to these States
and the vessels, arms, and munitions of war therein contained tu he destroyed, and
i-ominittetl other wanto~iand nnproJ-oked acts of aggression and outrage on the
persons antl property of tlieir citizens; and
Whereas this Goreinmerit has used every effort to avert t h e calamities of war, but
~ l itq
l overture< for tliat 1iurpose hale been .cornfully repelled. Sow, therefore,
The Gong, ths of the ( O I I I C ~ / ( ~ I & htrrtes do ciictct, That the President of the Confederatr
States be, and hc ic, hrrebg, autlioriml to use the land. and naval forces for t h e purpose of recoxring mch forts anti tortiticalionsbeloi
g to these States aq are retainetl
by the (forcrnnirnt of the I-nitetl States, and ot re ing and repelling in such manner au he inar tieetn ad\ Isaltlc any arid all acts oi hostility or aggression that may be
committed I J said
~ (~oi~enimcnt.

hlr. Bnrto~vmoved to la^ all the amendments on the table.

Mr. Smith thereon dcinanded the qrieztion; which was seconded, and
the motion prevailed, the States voting as follows:
Ycx: Floric?a, Ocorgia, Xississippi, South Cwolina. and Texas, 5,
Kay : Alabsm~.a i ~ dI,ouisixnn. 2.
Mr. Toon111qmo.i-cd t o ninend by inscrting sifter the mords the Territorics of LIrizoiia atid Ncw Jlexico. whcrc thcy occur, the words
(and thc! Indian Icrri tory, south of Kanm.
The motion prevailed.

ilfll>- 3

JOURNAL OF THE

I d

Iker moved to amend the same by inserting as tho 1)eginriiirg

mble the following, viz:
fforts made by this Gorernment to establish fricndlj ]?lamerit of the Lnited State.; and thc Confederate States, an{l
isagreeinent between the two Governlnents npo:~princ.ij,h
and good faith have proved nnavailiiig by re
t of the United States to hold any intercourse n-i
missioners appointed by this Government for the purposes aforeeaitl, or
any proposal they had to make for the peaceful solution of all causes nf ci
between the two Governments.

The motion prevailed.

Mr. Conrad moved to amend by striking out all of the Sam( :~iter
the word blockade, whew it first occurs.
On motion of Mr. Toombs, the word Virginia, whcrever it occim,
was stricken out.
The auestion i.ecixrrinF on the motion of Mr. Conrad to amcnd, the
same was lost.
On motion of Mr. Smith, the same was amended by striking therefrom the word declared, where it first occurs, and inseyting i n licu
thereof the word commenced, and making the last clause ol the first
sentence read 8s follows:
v

and has i s s u d his other pioclamation annonncing his purpose to b e t o n foot a blockade of thc ports of the Confederate States.

Mr. Withers niovcd to xrnend by striking out :dl of the prrt~nihlc

except the lRst word thcrciof, to wit, the word thewfore and insert
irig in lieu of thc smie the following, viz:
Inasmuch as war exists by the acts of Abraharn Lincwln, styling himwlf Ire~i(1c~it
of the United States of Rnirrica, Iictween the Coiiftvfwatc~States of Anieii(**t
nriti t h c

poverniuent called the Government of thc lJriitrd PtateP of L4111~~liCa

an
States adtiering to that (;overniiient, herehy cxcciptiiig, hone! er, froiii
relation the States of Yirginia (nou, in allianw with tliew Coiitctierate
iliaryland, Delaware, North (arolina, Tennewt., I<cntut3ky,hlirLoun, 81
tlie perritories of New I;itxico, i4rizoii:t, niid tlie Indian Territory, eoutk

Iha motion was lost.

On inotion of Mr. Mcnirnir
inui-~iedintely1trececiing t~rid:is

c vas arncnded by inwrt ing

cond seiitcnce the following:

Fcdeial Cniun :mcl cntercd into

tli the Corifeclerate State>, :md
has adopted tlic lrovisional Chitihtitntion of the .aid States
TVhercah tho 8 b t o of Virginia ha

x conventioil of :~llianec~,
ciffcnrivci

Tlic prcanhlc ;4s iu~l(>i1il(d

ih as follows:
1Vhcre:i.q thc c x ~ n wefforts
t
nr:itl<\ by thr.: (+o\erixiwnt to eitanli
tiow l~clwoc~n
thc: (iovc~rntrieiito f the Iinittvl Stateq an(; the Contcti

Congrew met pnrsnant to :tdjonrnnicnt.

Prayer being ofrci*cd,and there bcing no hnsincss on 1 he Piihlic,
GzLlendar, C o i i p ~ wcnt
s ~ into secret session; ant1 :Ift(li i~eeininingsollie
tirtic therein, adjourned EnLil 13 oclock Monday I : Q T ~ .

182

JOURNAL OF THE

:>i;i)-

JlWVlSIONAL CONGRESS.

;, lS61.1

~ ~ ; I i i ~\v:is
*li
:dOridal~.

read

:i

first :

L I sewrid
~

183

time ;md ordcred to bc plncecl on the

Xr. Ctiilton introtlnced

.t 1)ill to provi(lo f o r tiw ii1:tnufactun.c of powder for the Confederat(? States of Aiii~-ri(::t;
Trhicli \v:is rcfcxnrtl to thc, Coniinittec on Militarj- ;iffairs.
Co.ngress tlic>n ~)roceedctlto tlic c*onsidcrat~ioito C t~ hill relative to
telegraph iinos it1 thcx Coiifetlvratc States, as nioclif:!ctl J)y the Committcc o n Foreign A ffaii-s.
,111.. Sjn~ithoffered the following as a su1)stitute for the ))ill, to wit:
S x c T I O X 1.

T i i p C~zgress
of tlie Co~?fec7erote
Hrtta;v c/o e ~ i a c /That
,
until otherwisedirected

of t,elepmphic comniuiiiration within t h e Confederate States

the control and ,supervision of Government.
President stiall appoint a superintendent of said telegraphic lines,
at pleasure, aiid such superintendent shalt employ such deputies
from tiiiie to time reqvire. The salary of such superintcndent
dollars per year, and tile pay of such deputies shall he
shall be a t t h o late of
tt,q the superiiitctririent shall c~iiitrxctfor. \Jut the pay of no Euch deputy ehall
dollars per ywr.
intcridt,l!t ~ k i a l ltie\ i.ue anr1 e~tahlirln~
w t i j e c t to the approval
:hall inakc raitl lines faithful and effii~ricatio~i
I ) v and v i t h the (+cJvcrnriient and as .shall prevent
invtJviiig it;trlIigt~ncedeeiiicd injurious to the public interest.
uperintendent diligently to
21~i(1it slinll lie tlrc. (1i:ty
y to accomlilish the p r p o
rail1 lint^ ro far as ~ i i a y?I
1 on, give to Congress ant1
rlrall froin time to tiinc, \
11 rcqectiiig sail1 lines and liis acstion in relation thereto.
. 4. That rhoultl m y telegraphic operator, agent, or servant lrnoivingly send or
t to 1,e ~ e n any
t
telcgraphic tlispatcli conveying to or for any enemy of this
t1ei.ctc.T iiitelljgeiice ciilculaieti to give such eiienry xitl and coiiifort i n a n y manIIPI., o r ~ l i o n l dany such oI)eratot, agctiit, or w r y a n t , seiicl any intelligence in willful
violation o f a n y rnlo o r rcgtilati(~nesial~lislietl iinder t h e provisions of this act, he
iovect b y tlit? anpcri~itt~nilent
from all connection with said teleall I)c guiltr ( i f felony, a n d rfiall, rrpoii conviction, be fined in a
en t h o u s a i d dollars ant1 iniprisonetl in the penitentiary, if there
be onc, if not, in the coirinioii jail, for a period of time, said fine ant1 iniprisoniiient
to be clcierniined by the conrt trying him, but such tiiiie not to be lees than two
years iior iiiore than ten years.
i w

( t h

X r . Clayton offered the following

offeretl I)? 311.. Smith, viz:

as

2%

substitute for the substitute

.I bill relritive t o telcgrapliic lines in t h e Confederate State.-

That all t h e stock i n any telegraph c~ompanydoing 1,asiness Ivithin the Confederate
States O\\-Iletl bv anv citizen of any State at, war with t h e States of this Confederacy
be, a n d t h e sni;ic iuhereby, eonfiscatetl to t,h: use of the Confederate States.

On niotion of Nr. IEale. both of the, wbstit,ut,cs w e r e laid on the

table.
331.. Smith mo\-ed that thc fnrther consideration of t,he bill he postponed wid that t h e hill its niodificd hp t h e coniniittec, together with
the amendiiients offered, be printed.
The motion w i s lost.
Mr. Withers offered t,lw following :is B sulwtitutt. f o r tht? bill, 1-k:

JOURNAL O F THE

p l a y 4. 1861.

XIay 4, 1861.1

185

PROVISIONAL CONGRESS.

and tlic Confccicratc Stateb,; arid concerning lctters of marque, prizcs,

and prize goods.
A I I ~ C ~ S Nwas
~ C received from thc Prrsiderit that ha had approved
and signed
A resolution to extend the provkions of a rrsolution approved
March 4, 1861: also
A11 Rct proFridirig for :I regiment of zoiiaves i n t h e Xriny of the ConfCdorat,c States.
On motion of M r . Morton,
Congress adjourned until 12 oclock on Xonday next.
EXECUTIVE SESSIOX.

The Congress liaving gone into exccutive session, the following

communication n-as received f r o m the President:
EXECI-TIIX
DEPARTMEST,
lMuy 4, 1861.
Hon. IIOTVELL
Cosu,
President of the Congress:
I herewith transmit, for the advice and consent of t h e Congresp, the inclosed
nominations of officers, appointed during t h e recess of Congress.
.JEFFERSOS DdTIS.
DEPARrXEST O F

JY~TTICIE,

Jfoontqo?nPrri, April 25, 1861.

To thC PIUh1I)CST.
Piit: Tlie follon ing NIC tlie appointmmts to office made i n this Department during
tlle recesq of Congress., arid ~ h i c l are
i required to be submitted for its advice and
coiisclnt, under the Constitiition and the a(t of Ifarch 16, 1861:
\ V d e Keyes, of Montgomery, t o be Assistant Attorney-General.
(ieurge E. IV. Xelson, oi Aupu*ta, Ga., to be Superintendent of Public Printing.
1Sdwin Warren Xoisc, of Louisiana, t o he judge of the district of Louisiana, to fill
thc I acmiq occasioned by the refusal of Thomas J. Semmes to accept t h e appointiiicrit.

ISlins E:. Blackbum, of Florida, to be niarshal of the district of Florida.

riiando .I. Noreno, of Florida, to be niarshal of the adiriiraky court at Key West.
sniel 11. Harnilton, of Charleston, 8. U., to be marshal of t h e district of South
C:iroliiia.
1TeJiry E. J~cCulloch,of Galveston, Tex., to he marshal of the district of T e x a s
1Jcnjaiiiiii Pattison, of Huntsxille, Ma., to be inarshal of the district of A41abama.
am 13. 1. Tison, of Baldwin, Xiss., to be marshal of the district of

,laritine B. Bewrly, of S e w Orleans, to be marshal of t h e district of Louisiana.

Thornat 1,. R w , of Xaron, (+a,, to he marshal of the district of Georgia.
D. 1. IJolland, of hpalachicola, to be dibtrict attorriey for the distrirt of Florida.
J o h n L. Tatum, ot K e j TTest, Fla., t o be attorney for tlie rourt of adiiiiralty at
Ice1 nest.
Gcorse Xasoii, of Galyeston, Tex., to be district attorney for the distriCt of Texas.
(iirnot Posey, of TVoodville, Mis., to be district attorney for the district of Misaissippi.
James Connrr, o f Charleston, to be district attorney for the district of South
Carolina.
I l r n r y C. Miller, of S e w Orleans, to be district attorney for the district of
I,oi&iana.
A J Requier, of Mobile, to be district attorney for the district of Alabama.
Ilamilton Cooper, of Savannah, to be district attorney for the district of Georgia.
gpst that you also aqk t h e approval of Congress t o t h e correction nierle
error in t h e name of t h e district judge o f South Carolina A commissiun was iwucJ to hidrew Gordon Magrath, which is the true name of the gentlenian L\ 110 n as confirmed by the Congress a t t h e last session, but whose riarne was by
mistake nritten Alexander Gordon Mamath. (1
ICeqmtfiiliy, your obedient servant,

J. 1. BEKJMIIN.

a r a r n e corrected

011

p. 1%.

JOURNAL O F THE

186

[>fay 6, 1861.

On motion of Mr. Clayton, the noniiriations sent in l ) ~ the

r
Ircsidcnt,
hereinbefore set, forth, were referred to the Committee o n thc ?Jndiciar .
T%CRbeing no Surther business in cxecntive session, Congress
resumed buginoss in ordinar? session.

MONDAY, MAY6, 1861.

OlBX SESRIOS.

Congress inot pursuant to adjournment.

P r ; ~ pwas
- oEered by the Bey. 1h. 3anly.
The Clxtir lttid before Congrcss a coniinuiiicatioii from ,J. Patton
Anderson; which, on motion of Mr. Xorton, w w ordered to 1)
on the Journal. It is ns follows:
XE\J;~ E Y S . \ ( O L A ,F L ~ M(iy
. , I, 1861.

IIon. HOWELL
CORB,

rsident, etc., I l h t c / o ~ ~ ~Nu.

c~y,
I the 8th April last I addressed to you a communication formally resigning
II the bocly over which you preside, which I had the honor of holding f:oni

thestateof Florida. I havc t?iis day learncd that up to a late date that cominunica
tion had not been receivtvl. I desire therefore to re
The new relations I have voluntarily assumed with
ment render this coin se proper, that a sLiccewor may
With niany of the livelic~tand most plcasing retw
with the rrieinorahlc bocly over which you so worth
of the highest regards for yourself personally,
I am, sir, .i.cry respectfully, your ol)etliciit wrvant,
J . PATTOY .\SI)I.:~LGOS.

Mr. C u i ~ yiatrocluccd
A bill to i i s the t imc 01. tho e1cc:tion of Rcpremitaii\-w t o (iongiw~
arid the titrin for tho :issorxihling o f tho Congress;
which W:M rc:icI lii*it ntid sc:coiitl tinicls :tiid referred t o thc Coinrnittce
on ,Jiidiciwy.
MY.Cu i*ry ill so i 11t roducc~t
.A I d 1 to pi*ovidc for tlrc c.lcykioii of li.esiden1 and Vic.e-li.wiclcilt;
which \ ~ ~ Ii Y~? s: L ~lirst ;urd . o t i d 1iinw : i i d rcfcrrrd to t1-w ( k ) n 1 l I l i t
ntcd :L nicrnoii:tl froin t h o prrsiicicwt of tlic len(;oorgi:t Ihilrozd Coiiil~:~nj~:
which W:LS w f p r r c d to thc
1 lien weot iiito scwet
I,

:ictjourncvl until 12 oc

mr

SICKSIOS.

Congro~shaving rtsolvccl itself in secrct scssion,

Mr. 13roctlic offcrcd t h ,]]owing rc.soll1tjoi1s :
)niinittw (311 Finar1c.c br instructed to inquire into the cxspediftnaI1c.t. hasetl on the following propositions:
sri1)scriptions of cotton, tolwc-o, rice, and sugar by agcnts
pose, said products to I)(>tlc~liveit~d
at the Heveral seaports of

t ~ n tof

2. Raid procluckii to bt: b o l d for and on acconnt of t h e Govcmment, a n d he net

sinoriiit to he awountcd forto thesubscribers, reapectively, in Treasury notes or Irjoiltls.
3. Phc Treasury notoe and bonds t o bt: nratle receisable for all public dues except
th o export duty on c,otton, and to be iiiatlc a lcgal tender in the paylllcnt of all debts.
4. Thocotton and otlicr products so tentlcrctl orsnhscribed to be sold up011 [before]
a11
are perniittecl to be sold on private account.

5. S o cottoii, iiw, tol)arco, or wgar t o 1~ piriiiitttil t o I)(- \ l i i p l ~ d Yorth ljy railf i on1 tlic. warorti o f t l w ( o i i t t v l w a t c . States.
ti. Pniil proclurts PO huhsr.ril)cd to 1)r made dell\ tm1)lc out of t h e ricst crop and
$nc*ceediiigc r o p for the next f i n s jwirs.
7. The appointment of an apc~11Lto Europe to offer the prutlurtr 60 subscribed to
l < ~ ~ r o p e apowers
ii
on their agreeiiient to herltl for lhrill. imd alqo to procure a loan
pw(1icatetl upon thcl arrangcment.
roltl or ri\ tir, aiitl only

Vhe resolution\ were agreed to.

J[r. (ohl) offered tlic following rewlutioii: u hich was adopted:
1 : e d i ~ ( 7 , That thr. Committcle 011 Financ.r lx* requected to inquire into tlie pror)riCty o f rxempt~ngfro111 the prewiit act i~iipo~ingr
duties on imports all goods
i)rouglit iilto the confctleratc h t w fioiii the. St-tes of Virginia, Marylarirl, Torth
~ i i r o l i n ~tk, l i n e ~ ~ eand
c , - ih~n < a \ , :mil rcsport b y bill

Mr. CIiiIton, from the Coniiiiittec~011 iostd ,l@airs, reported

9 bill t o e.tabJi5h and organize a h r e a u j n connection w i t h the
Departintiit of the Trea+ury for the Yost-Of&!e Depxrtment;
wll~chwits read i~ firht and zccond time. placed on tlir Calendar, and
ordered to be printed.
Air. Chi1ton, from the same committee, also reported
h I d 1 t o aiiieiid :HI act vesting certain powers in thc PostmasterGenclttl, approved I h r c l i 15. 1861;
WhiC!l was rc:id a first :\nd
ond time. ordered to b c placed o n the
Calcnthr, :uid to ijc printed.
O n niotion of 111.. Si>bet,the 5pecial order w a , ~postponed for the
tiiiic>:incl Corigiv>s 1)rocecdcd to tlic cvm4dcration of
1L bill to :ipprw c : i d ratify the cbonvcntiou and agreeinent entered
into I)ctv ccn tlic Coiiiiiion\~rultliof Jirginin and the Confederate
States of ,211icricx.
The bill TTiis Piigrossed, read a third time, and passed.
O n motion of Mr. Cobb,
rhv bill to define the juriidiction of the Eed(1rid courts in certain
cases; and
iZ hill to pt.ohibit t h e introdnc-cion of 4itvcs from :in)- State not; a
meinher of t h i s (onfedrracy
wcr( transferred from tho Public to thc Secret Calcnd~r.
On niotion of M r . Clayton, thc folloving bill WR: also trnn&lrred
frolii the Public t o the Secret Calcndar, to wit:
A hill to c.t:Lhlish a court of admiralty and maritime
thc S1:LtC of 3lississippi for the vonntiw lying on t h e Mi
in ,itid Bt:ttr.
$Xi.. lcrI&*,
from the Coinniittee on Foreign Affairo, to which was
recommitted t h e hill relative t o telegraphic lines in the Confederate
States, and :mendmen ti;, reportcd :L subztitute; which W R S ordered t o
be printed.
Nr. Bartov-, from the Committee on Military Affairs, to which was
r.eferred a hill to pro\ jdc Ior the manuf;tcture of powder for the Confederate Stutcs, reported thc sainc back ivithout :miendment. with a
rcc.omnwndation that it do p \ s .
The bill ivas p1:tced on the Chlendar.
Mr. ISartow, from the same committee, to which T\ as referred a bill
relative to invalid pensions, reported tlie same back with all the bill
cxccpting the title :mi the first section thereof stricken out.
The rcport,nrns ordrrcd to be placed on the Calendar and to he printed.
MY.Bartow, from the same committee, to which WIS referred R bill
fnrther to pro\-ide for the public defenv, reported a sni)stitute, with n

JOURNAL O F THF:

rocomnlendation that it be read for information dnrjng the considcrxtion of the bill by the same title on the Calends!.
~ r &Jemminger
.
offered the following resolutlon; whicJ)waq a g m d
to, viz:
Resolved, That a committee on pay and mileage, to consist of three members, shall
be appointed, who shall be charged with the duty of certifying the )av a n d lnileage
due to each memk,er of Congress; arid that the warrant of the h d i e f i t Of CollgresH
such certificate. shall authorbe the TredSUrer of the ('ollfederate St&s t0 pay
the same.

The Chair appointed Messrs. Campbell, Davis, a i d Ochiltrcc.

Congress then proceeded to the consideration of thc special o r d t ? ~ ,
it being
A bill to raise an additional military f o r c e to serve during the W R ~ .
Mr. Wright offered the following amendment as R substitute, to wit:
A n nct to make Iurthcr proribion for the public dcfcnsc.

Whereas the Confedrrate States of America are loenaced with war and an invasion
of their territory; and
Whereas the public welfare may require the reception of rolunteer iorces into the
service of the Confederate States, without the forlnality and delav of a call upon the
respective States:
SECTION
1. The Congress of the Confede+e Sates of America do enact, That t h e President be authorized to receive into service such companies, battalions, or reglments,
either mounted or on foot, as may tender themselves, and he may i - e p r e , wlthout
the delay of a formal call upon t h e respective States, t o s e n e for such time as he may
prescribe.
SEC,2. Such volunteer forres who may be accepted under this act, except as herein
differently provided, $hall be organized in accordance with and snbject to all the provisions of t h e act entitled "An act to provide for the public defense," and be entitled
to all the allowanccs provided therein, and when mustered into service may be
attached to such divisions, brigades, or regiments as the Presiderit may direct, c~r
orclerccl upon such independent or detached servke as the President may deem
expeclient.
8 ~ :3. The P i e d e n t shall he authorized to commission all office
niissiona, of buch voluntecr forcrs as may be received untlrr the pro

On motion of Mr. Stcphcns, tho fiirtlzer consideration o f the tbill

was postponed until to-morrow, and to remain the special order. It
WRS further ordored that thc? nrnendinents to thc bill b o jriritcd.
c wns rcccived from thc President that he lad approved

'i

A resolution of th:tnlw to Brig. Gen. G. T. Beanregard and the

f o r thoir eonduct in tho affnir of F o r t Sunitor;

R~IIIY
u n d c ~his
~ * conmand

dso

Ai: tict rccognizing the csistenco of wnr between thc United States
a11titho Conlodorate SBtc:s; >miconcerning letters of mttrquc. prizes,
$tiid prim goods.
r i
1ho following message was also rccaivod from thc Prcsidcnt, viz:
TOihe (bngre,v qf the Confedcrate
I lay bcforo the Congress, for
onsicloration and advice as to its ratification, n
(!opy."f the omvrntion brtwecn the Confederate States and the Commonwealth of
l'ir.:.rnia, which w w signed at the city of Richn~ontlon the 24th day of April, 1861,
k
Y tlte 1 h . Blexander 11. Stephens on thc part of t h e Confederate States, and by
rornul~wionersappoiated for that purpose on the part of the State of Virginia.
Wllilc pcrforining this act I congratulate the Congress and the people of the Confetlet.ak States upon the conclusion of this alliance, by w~iichthe great a n d p o w e r f ~ l
state of irirgi11iit has ~nadccommon came with us ancl joined her energies and
r e m r w f l to ours, for our coinmon defense, against t h e unprovoketl Tvar of aggrcssioI1
\Vflil'h tllo Chief Rlagistrate of the IJniteii States has &(>]arctlagainst 11s.
.JEFFERSON DAVIfi.

31ny G , 1861.1

PROVISIONAL CONGRESS.

189

Tlic folloviug is :L copj of the c o n v e n t i o n referred to:

t o i i r < i i l i o n I x t v ecii t h e Cornmoiiwcaltli of Virgmia arid the Coniederatc States of Amenca.

The Coiiiinoni\ealth of Virginia, looking to a speedy iinion of said Coininonwealth

Statw v ith the Confederate States of Aitiericsa, according to the
onititutioii for the Irovisional Govcrnment of eaid States, enters
rni y con\ ention arid agreement with said States for the
ng ruirrenc.ier affecting the common rights, interests, and
dlth and Paid Confederacy.
Firit. TJntil thr uliioii of said (oinmonwalth with said Confederacy shall he perfwtrtl arid caitl Corlli,ion\rcnlth dial1 become a niember of said Confederacy, according to the c o i ~ i t i t u t i o of
~ ~lmtli
s
poiver3, t h e \\ hole military force and military operations, offeiisive a i d tlefcnsi! e, of said Coininonwealth i n the impending conflict with
all k)tx iinctcr the chief control and direction of the President of
tes, Up011 tlie same principley basis, am1 footing-as if said Coinnionwealth \\ ere now and during the interval a member of said Contederacy.
Srcond. TI;? (oinniori\~ealtli of Virginia T\ ill, after t h e consummation oi t h e union
conizriiplntcd in this con\ention and hcr adoption of the Constitution for a permanent GINeriinic~iitof said Confederate States-and she shall become a ineinber of said
deracy i i n t l t ~said permanent Constitution, if the same occur-tarn over to &aid
derate Stntc.8 all thc public property, naval stores, and munitions of war, etc.,
av then he in pobwssioii of acquired froni the United State*, v11 the ~ a m e
terms
and i n like iriaiiiier a s the other States of raid Confederacy h a r e done i n like cases.
Third. \Vhate.r er eupendituies of iiii)iie!, if any, Faid Coinmonnc.alth of Virginia
shall makc bcfore tlie union under the Iruvisiorial Government, a4 above conternshall bc coiisumiii~Ltrcl,shall be nict and provided for by said Confederate
( o11ut.iit1on entcietl into and agreed to in the city of Richinond, Ya., on the
24th tlni of Lpril, 1861, b y Alexander 11. Stephens, the duly authorized commishionci t o act in the matter for thc said Confederate States, and John Tyler, William
t l ?rLstoii, Samuel RlcD. Noore, James 1. I-lolcoinbe, James C. Bruce, and
13~11.11
l,(>ni-,15 IIartie? parties duly authorized to act in like inanner for said Commonwralth of Vircinia, t h e whole srihject to t h e approral and ratiticatinri of the proper
authorities of both governments, respectively
In tcstiinony wh,sreof the parties aforesaid have h m w i t o set their hands and seals
the day and ytar aforesaid, and at t h p place aforcsaid, in duplicate originals.
ALEXANDER EI. STEPHENS, [SEAL.]
Con1inissioner .for Confedertrte States
.JOl-fN TYLEXt,
[SEAL.]
iVN. BdI,LARD PRESTOS,
[SEAL.]
8. McD. MOORE,
[SEA r,.]
JAMES 1. IOLCOMHE,
[SEhI,.]
JAMES C. BRUCE,
[SE \L.]
LEWIS E. IIARPIF,,
[SEAL.]
Committee tJ t l x Comenfion.
Ihz r~ o w h o i i t l 1,y t h i s ronwztiou, That the convention entered into on the 24th of
April, 1S61, betn ccn i21c.xantler 1 Stephens, commissioner of the Confederate States,
anti Jotin T! ler, Villiani Ballard Preston, S. McD. Noore, James P. IIolconibe, James
(. Brnctx, and Idenis 15 IIarvie, coinmissioners of Virginia, for a temporary union of
\irgiiii~\\ ith saitl Conftdcrate Statcs, under the Provisional Governincnt adopted
1)) said Confederate Statcs, he, and the canie is hereby, ratified and confirmed on the
t ~ r i i aqrred
i~
upon by said commissioners.
.idopted by the convention of Virginia, April 25, lS61
JOHN JANEEY, Presideit.
JYO.I,. EUILLXK,
,Terretnry

Congress lmving had u n d e r consideration and taken action touching

the matter of said convention, on motion of MY.Ithett, the message of
the President and accompanying papers were laid on the table.
On motioii of MI-. Stephens,
Congress adjourned until tomorrow 12 oclock.

190

JOURNAL O F THE

[Nay 6, 1861.

\I.\\ 1)

im]

IROVISIONAL

CONGRESS.

191

F i r 4 I-ntil the union of paid Coininonwealth with said Gonfetleracy shall be perfcctoit and paid Coinnionv ealth ,ihall become a member of said Confederacy, according to the constitutions of both poi! m, the whole military force and militarv
operatioris, offensive and tlcxfensive,o f said Commonwealth i n the impending t 0 1 1 flict with the Tnitd States shall be under t h e chief control and direction of tlw
President of said Confcdct ate Rtiitee, upon the same principles, basis, and footing as
if Paid Common\~ealttinere no\\ and during the interyal a ineniber of said Coil-

federacy.
Becontl. The Commonwealtli ot \irymia \r ill, alter the consumniation of t h e un:oii
y o n \ cntioii and her adoption of the Constitutior, for a perinaaid ContederxtcStates--and phe dial1 become a member of :a111
id permaiieiit Conititation, if the same occur-tuIn over to mid
Confedcratc Statrs ail the pnblic prol)trt>, 1 1 ~ nl
1 stort,s, a i d niunilions of xar, etc..
she niav theii bv i!i 1xweesion of acqnired i!om the Viiitetl States, on the same terms
and 111 like iiiniiiier as the othw Stated ot t-nid Confederacy have done in like cases.
Tliird. ~ ~ l i a cr
t me\pcnditni(2~
oi ruoncy, i t a i l \ , the craiti Comnionx ealth of Virginia shall iiiake before t l i c i ~ ~ i i uiitlei
~ i n
tlic l i izionnl
~ ~ ~ ~(government, as above conteiiiplated, sliall ?JJ~ miimiiiinated, -lid1 loci iiiet and provided for by said Confederate
States.
This conrention entered into aiid agreetl to i i i the city of Richnioncl, Ya,, on the
24th of April, 1861, b y Alexander H. Stephens, the duly authorized commissioner
t o act in the matter for t h e said Confederate States, and John Tyler, William [Ballard] Pre*ton, Samuc~lMcD. &Iooie, Jaiiies I Elolconibe, James C Hrncc, and Lewis
E. Harvk, partics duly author1,:ed to act in like manner for paid Commonwealth of
Virginia, t h e whole stiloject to tlic npproi al antl ratification of the proper authorities
ernnienti, rcwm ti\ ell
oily n hereof t l i c pnrtieG uiorehalti ha\ e lieieto set their haiids and Peals
the d a y aiid year aiorebaitl, i n tlnplicate originals.

o p t i o r r uf t h c (onqlilntmi 01 tix. P F O ~ I S I Govcnimcnt

O~,~~
of thc Confederate

Stntcv oi h m c n c n

\Ye, the delegates of t h c people of Virginia, in convention assembled, solernnly

intprcsbctl h v the perils s hich surround the Cominonweal t h , and appealing to the
Scni chci oi hearts for tho rectitude of our intentions i n assuming the grave responsibility 01 this act, do, by this ordinance, adopt and ratify the Constitotion of the
Provisioiial Governnierit of the Confdernte States of i h e r i c a , ordained and established at Jiontgoniery, <ila , o n thr 8th day of Febrnary, 1861: Proudtit, That this
ordinante shall ccaw to ha\c any legal operation or effect if the people of this Comnmnv calfh, ii1mi thc vote dirt~.tetlto I)e taken on the ordinance of secesqion passed
by this Coiiiiiioii~~,\.caltli
oil tliv 17th d a y of April, 1861, Hhall reject thv mne.

Ah.

olrcrcrl

t l 1 ~following

reioliitioii:

L i ( w 1 u ~ ~!,Iwr 1 l t i ~ \tiir ~ ~ g t ~ ~ nii iid ~< or ~ii \t c i i t i o i iciit(~red~ i i t ohctweiw tlw Commotir+i~alth
of
Virginia nnd the C~)nfc(ltr.itcState5 of AmenLii

b y the (b)agrrss of f h e Coiifrd~~cit?

5 l r i f f sof ,l?ntriea ( t u o - l h t k qf the &?gress
thewzn 1, That the Congress advices anti consents to the ratification of the
1 and agreement entered into on the ti\ enty-fourth day of April, eighteen
hnndied and sixty-one, a t liichmontl, Virginia, hetween the Commonwealth of
\iiginia, b y her commissioners, mid the Confederate States of America, by their
commissioner, the IIonorable i \ l e s a n d ( ~TI Stephens.

The yucstion \VRS 011 thv :itlol)tioii of t h c rcwlution; and

Tlic 5anic Iwing put,
T h e resolution wit5 adopted by tho unanimous vote of the C o n p ess.

TUESDAY, MAY 7,1861.

O P E S SESSION.

ess nlet p u r s u a n t to adjournment, and prayer was offcrecl 1,y

the Rev. Mr. Cobbs.
Blr. Brookc presented the following ordinance adollted k)y the C'OIIof Virginia, viz:
~ c for
e the Bdoptioll of the Constitution of the Provisional Gorerlrment of thc Contede1it:c

State? of Amerira.

We, the delegates of the people of Virginia, in convention assernbleti, solernnlv

impressed by the perils which surround the Commonwealth, and appealing to thi
Searcher of hearts for the.rectitude of our intentions in assunling the grave responsibility of this act, do, by this ordinance, adopt and ratify the Con
visional Government of the Confederate States of America, ordai
a t Montgomery, Ala., on thc 8th day of February, 1861: Prowklc cl,
shall cease to have any legal operation or effect if the people of 1
upon the vote directed to be taker1 011 the ordinance of secesion
vemtion on the 17th day of April, 1861, shall reject t h e same.
Adopted by the convention of Virginia, Bpril 26, 1861.
Attest:

JNO. L. E u n A N K , Secretary.
1n pursuance of a resolution adopted by the convention on the 29th day of April,
1861, Bobert M. T. Hunter, William C:. Kires, John \V. Brockenbrough, n'allcr It.

Staples, and Gitfeon D. Camden were elected to represent the Htntc of Virginia in the
Con reps of the Confederate States;, and by a resolution a d o p t d by t h e corivrntion
011 t i e lfitclay of May, 1861, the ~ a i d
Representatirep 71 ere instructed to procwd a?
soon as possible to Montgomery and ask sdmission for thia State into mid Confederacy.
JOHN JBKN'EY, Presided.
Attest:
JNO.
I,. EUIJANK,
Secretary
VIlU:tNLA, (0 G k '

I, John Leteher, governor of the State aforeaaitl, do heieby certil) arid 111
known unto all wliorn it may concern tlirtt the forcgoing docmiicntr are t r ne c'o
of an ortlinancc and of the proceedings of the convention of the Coinniori~\e
of Vireinia on tho days above specified, and that to the mile fnll faith, credit, and
authority are cine and ought to be gircn. Jn tcstinionv n hercofJ h a r e subscribed
niy name and caused tlre great seal ol the State to be affiscd hcrennto.
Done at the city of Richrnorid the 2d day of Nay, in the year of our Lor($ 1 ~ 6 1 ,
and of the Commonwealth the eighty-fifth.
JOIIN LETCllMi.
Jly the governor:
GEoIrcnr

\v. MUNlrollU,

8eieCwtcwy 01Commoiwcul/ti.

Mv.13r0oke allnounccd that .John W. Hroclrcnhrougli

and W a l l t ~It.
two of the 1)elegtitcs from Virginia, wcrc present;

tion of Mr. Uhctt, tlic 1)olcgates fro111Virginia were invited

to u t t d tilt! Cloi~grcssin secret spssion.

C O ~ ~t h
~ nWresolved
S
itsclf i n t o secret session; xrld after ~*enniniiig ~ o m otime therein, adjourned until 1 2 O

~ C ~ Oto-morrow.
C ~ ~

simwr simsiox.

Congress having resolved itsclf in secret session,

On motion of Mr. Nisbet, a t the instance of the State of Georgia,

the bill to approve and ratify the conveiltioil and agreement entered
into botwecn the Coirinionwealth of Virginia and the Confederate
ricu was reconsidered,

'1he bill wab ta~kcnup for coiisktcr:xLion.

r. Xishet ofhrccl :ib a srtbxtitnte therefor thc follo~vingresolution,
viz:

31sy 7. ISGI.]

PRO\'IBJ ON A L CON 0 REGS.

195

[ J h Y 8, 18G1.

Virginia--Nay : Messrs. Brockenbrough and Staples.

The section as nniended is as f o l l o ~ s :
SEC.2. Tliat the \wluntwrs so offering their services may hc ac~eptedI)y t h p
Prekident i n companies, to 1)e organized b y him into equatirons, battalions, o r 1 rglThc Ircsitleilt shall appoint all field and staff officers, but the colnpanlhall lm elected by the inen composing the company; and if accepted, the
offjc-eruso elected Phall be rornniissioned by t h e President.

31r. Cobb offered the following as n soparate section, to be scction

3, to wit:
11,. it furtkev marted, That anv vacancieq ocscurring in tlie ranks of the. s e r w a l
co~npankesJni1sterc.d into s e n ivg under the provisions of this Wt, may he fillF(1
by volunteers acrrptotl under the rnlw of such companies; and any I acancies
occrirring i n the ofEeers of wch coinpanies shall be filled by elections in accordaxe
wi ti1 the same rules.

The motion mas agreed to.

MI..
Wrigtit withdrew his substitute.
rho bill :is ~ n i c n d WRS
~ l c>ngrossed,read il third time, aud passed.
Congrebs procccded to the consideration of :L bill to rnrtlic further
provision for tho public dcfcnse, by sections:
Wben,
On motion of Mr. LMorton,the further coiisidcrntioii oE tlie bill wis

postponoa.

8Ir. Cohh niom that t h e hour of 11 oclock a. ni. h fixed for the
daily asse1111)lingof CongresF.
The motion W;LS lost.
Rill,. 13rockeiil)rorigfi presented thc following resolution and ccrlificate; which wcrc rcfcrred to the Committee on Military Affairs, 1%:

Ilcwl~rd,That tlir rcprcscntatives of Virginia to the Uongrebs of the Confedciate

States IF, and t1it.y arch liereby, instructed to urge the speedy adoptioii of iiieakurcs

for the ~~rc~cnrmxient

of ariiis froni 1:urol)e foi the Southern States.
E K E P W ~DFPAILTMEXT,
I~:

llicli)noi~d,I(i., M y L, fc\t)f.
1 hcreby certify that thc iowgoing is a true copy of a resolution adopted by the
convention of Virginkt on thc 1st (lay of May, 1861.
GEORCiE \Ir. 1\IUALOHD,
hkwlury o j t h e Commoriuealtlr.
011

niotion of- Mr. Mort,on,

Congrcss ndjourncd iititil 1%orlock twinorrow.

SECRET SERRIOK.

Congress being i n secret

Mr. Shorter, fro111 tho Co
e on Engrossment, reported 8s corrrctly ciigrossctl s i ~ enrolled
l
An a r t to r&c ,211 :tdclitional military force to wrve during the war.
Xr. IIemphil! reported
A bill to authorize the tr:Lnrfcr of npproprhtions;
which tvns reid t h ~f i 1 - d :uicl hccorid tiiiiei nud referred to the Cornmittcc on 1hmc.c.
Mr. l k Cloiwt, froin tlic Cominittec on ,iccoiiiits, to whom mas
rrfcrrccl L: rciolutioii to fill a c1cric.d vwxii(y i n the office of Assistant
h c c r e t n r ~of Congrcss mid :L resolution to appoint ail engrossing clerk:
for the Congrcss, reported adwrsely to the passage of the same.
On motion of Rlr. I)c Clowt, the report w a b agreed to and the
msolutions laid on the taljlc.
C O I I ~ : . then
I * C ~proceeded
N
to the consideration of
A bill to make furtlier provision for the puhlic defense.
The following mesbapo t v a ~received from the President, through
his 1'riv:ttc Secretary, Mr. ,Josselyn:
lli . A r s i d ~ n l Tlie President 011 yeitelday appro1
act to adriiit t h c Comnonwealtli of \'jrg~mi
State3 ot America.
I am instructed by the l'resictent tu deli\,er to CoiigrcGr a coiiiiiiunicatiou in \\ riting
Ail

Ori niotion of X r . 13ttrnwel1, thc (<onsiderationof the bill mas pobtponed for the present, :&ridthe iiicssagc of the President, was ttllieii u p
m ~ t l1wuL I ix:
I I V F Y 01' m i - C n w R r v . I n the inwage atldrcsseci to yon on the 29th ultimo,
ctl to tliL. (oiir\e o t cwiitluc t o l tile (;orernniciit d the tTnittdStates toirard
the ( o i i i i i i i - i o t i t - I q o k t h i > G o i w nineiit sent to Washingtoii 01 the purpoqe of effecting,
it p o w l ) l ~$1
, p c~ ~ cct nzulJu+tmtwt
l
01 t h e y m i i n g tlifii~~iltic~s
1)rt~eertthc ta o G o i eririiicwts
T w l w inade ,Lllnsioii to "a1 into1 iiiediary \\how high poqition and

be wen I)\ t h e lettcrs hereto nppentietl, that the c.orrec%ncss a n d accuracy of t h e

recital liaic iiot been yur~stioneilb y the kkrcltary ot State of the United States, to
wlioin it nas xddrcwed.
1 :L\ ail inybeii of tIliq oppo'tnniti to toircct 31 error i n oiie of the statement8 made
iii lily niessdge of the 29th Apt il I t I C thew recited that T \T as prompted to call you

JOURNAL O F THE

198

which

iriotioii prcvtdod.

1x1:

\, l tl.

Oilinotion of Mr.
follo\\-s, yiz:

TT;iri#ii,ill<

Srich volunteer forces 15 ho I I ~ R \ b? accepted ui1tlt.r I his art, cJxceptas herein differcut1 y I)rovided,shall be orgaiii~etliii accordaiic.e \\ it11 and subject to all the provivioris
o! the act entitled An act to provide i o r the pb!ic. defense, ajiil be entitled to all
t h c allon a i m s provitfcd thcte;Ii, a d \\hen ilrristricd into service iriay be attached
to iirh divisions, brigade,., or regiments its the P r e d e i i t may direct, or ortlcwd upon
m ~ 1 iiic:epenclent
i
or detached WI iice a s the President limy deem cxpedieiit,
wi5

niiiended by adding thcrcto the following proviso:

That battalion9 ant1 rcgimentb 11raj bv enliatecl from States not of
and the President niay nppoiiit all 01 any of ttw ficld officers thereof.

rlic bill was mgrobsed, read a third time, mid p s e d ah aniended.

air. Miles rcportcd a resolution in regard to iiiilitiiry expenditures
made 1 - t ~the Statc of South Ct~rolina;which \{-as read the fird and
second tinic\ :tnd inade the special order of the day for to-morrow.
Congrcs5 pro(&d to tJ
A bill to n m r d :m act
ers in the PostmasterC;ent.ral, :Ll)l)ru\ f t l N1:LrC.h15, 1861.
The IJill \nib engrossed, read ti t2iii.d time, and passed.
conininnic.Rtiori w : received
~
froiii the Secretary of War rolative
to the nl:lilLlfx(,tilre o f powder mid arm>; which mas rcfcrred to the
Coinmittcxe o i l 3Iilit:u.y Affairs.
Mr. Mcriiniingrr introduced
Ai hill to xuywnil tlie o1xir::tioiis of the mints;
w1iic.h was rcfcrrcd to the Coniuiittee on Finance.
On niotioti of Air. JVithers,
Congress adjourncd until 12 ocloc11 to-morrow.

TIVIRYI>AY, MAY9, 1861.

OIJEE SESSIOX.

Congress mct piirmant to :~djorirnnient.

Mr. JYright pre\ontccl :L communication from Pleasant Stovall;
which, without being rcJad, W:LS rcferrcd to the Coniinittee on Military
Affairs.
Thvrc being no business on the: Public Calendar,. Congress went i n t o
sccret session; and after reriiaiiriric sonic time therein, adjourned until
12 O(*lOc.l< to-niorro\\

Congress h;Lving resol~cditself in secret session,

Mr. Elnrris ~ K A I . the
~ following resolutions, viz:
IZ~soliwl,That the Conimittce 011 Xilitary Affairs 1 . ) ~instructed to consider at once
the propriety of c s t a ~ ~ l i cfou
~ l i i ~ ~(+a1
~ ~ inilitary districts, tR-0embi-acing the seaboard, one the Stater oii tbe I\
ippi River, and onc embrachg t h e States of
Virginia aiiil Kortli Carolina, \\ 1
c lattcr shall h a w joiiied this Confedcrq-.
t,hc c.oiiimit,teeconsider thc propriety of directing the :~ppoint) be p1ac.d in rc)in111ancl of these districts, with :
L vicw to the
effectual organizatiuu of thc saiiie ior defcnsc.
1 2 e s o Z ~ ~ ~ r l ~ ~That
i r f I ~the
r i , committee consider the propriety of ept;.hlishinp inilitary
camps for organization and instruction and for tho assembling of volunteers offering
their servicxys into such (~iiranipmcnts,and report by bill or otherwise;

which

WATC,

agreed to.

JOURNAL O F THE

"fly 9, 1861

.. McRae, from the Comniittee on

Engrossment, reported f l S corengrossed and enrolled

An act to amend an act vesting c(q.t&.iii1JOWHl'Y it1 the 1'OS~HiUStC?rGeneral, approved March 15, 1861.
Mr, Cobb offered the foliowing resolutions; which were referred to
the Committee on Foreign Affairs, viz:
Whereas the Governtnent of the Confederate States has been compelled to meet
with arms the threatened invasiori of their territory and blockade of their ports, antl
Whereas t h e Governmeiit of the United States, I\ ith studied alld yersiatcnt inisrepresentation, endeavors to conceal its purpose of euhjugating this pc.ople nnder the
false imputation of aggressive intentions never entertained by these States; a ~ r d
Whereas, under these circuntstances, it is proper to make known clearly and clefinitely the object and policy of this Government: Therefore,
&solved liy the Congress o j the Corged(wk 8tufea, That n hile it is absolutely nec
in' the conduct of a military c m i p i g i i to lcaj e iiinch to the discretion of tll
niander i n Chief, as pressing events may de\ clop or modif! a strategic policy,
i n ~ a i i o nof the tcm 1leading purpose of this (iovernment is to meet and repel
tory of tile States forriling or which rnay forin till8 C'onfede
, and by the destruction of the coniniertc of our cncinic~son the high seas to co
1 thein to desist from
the unlawful seizure of Gur property or.tlic attempted bloc~lradeof our ports.
( 2 ) Resoked, That we recognize the right of any one of the States conbtitutirig the
United States to withdraw from that politicd union, antl a t the sanie time r ( i k i i i i i C
jtirisdiction over ally portion o f its territory 4 hich may hare been veded to that
Government for the purposes of that union, and that it is the right and dnty of the
Confederate Ststes to assist such State when incorporated into this Confederacy, in
retaking any such territory t h i n nnlawfnlly nvcnpiecl hy the G o w r n m m t of the
United States.

Mr. Ciirry offered the following resolutions, viz:

Resolved, That tho Comniittc~eon Constitutioii he reqnrstetl to inquire into the
expediency of an aiiienclnient tlie Coilstittition mthorizing the \'ice-President to
act, as, ~ t i t ldiseIiaqy the dnti 01, the President, v hen that officer shall consic1c.r
that the public defense rrquirc I i i \ a l ~ s e n cfrom
~ ~ the seat of governmeiit.
Reso/ved, That it is in the jn nwnt of this Congress the Preqident, a5 soon as thc
public convenience will jwtify it, h o n l d bike command in prqoii of the Army of

thc Confederate States.

On niotion of Mr. I h i t t , tho wsolution:: wcw refcri+rdto the Committcii oti Cowtitution.
Mr. Kci1,t yrrsoiitcd certain p:Lpers of It. W. EIahcrsllnm, of South
Cnrolitui, toni.liing R new artillery s:ibar and asking thi~tit m:~ybc
tcstocl: which W:LS rcft1rrt:tl t o the Committee on Militarx hffairs, Lvithout beiug r e d .
Mr. I'ctrkiris, froiii the Comini ttec on Foreign Affairs, reported
A bill to ycriiiit certain :irticlcs of propcrty to be brought into the
Confedri*:it,c,States:
wliicli WUS, on nmtioti of 111.. Barn-cveII, r<>fcrrcdto tlic C:olrtmittee on
Finance.
Mr. l h 1 1 ~ 1 *from
,
tho Coinmittee on Finance, to w11oIll \.vns ref(lrrpd
n bill to hiisp(~iidtlic opcmtions of the niints, reported tlle sanio to tlic
-without ~ ~ I ~ I O I I ~and
I ~ ~recoiiinicndcd
C I ~ ~ ,
its paysage.
Tho bill, on iiiotioii of Mi-. littiner, was tnkrn u p for considertltion.
0 1 1 iiiotion of Mr. lLrrig,lit, Ihc hill way postpon(vj for the presetit
and placed 011 tlic C:LlcIldfL.l.
Mr. Ileniphill, froin the (hniiiiittcc on Finance, to lvhorn was ref e r d the bill to aulliorjzc? tho tr:LtisfC'r of :~pproritbtions, reported
the s:mc b:lck to Congr( b i t h i l t , :~iript1d11iprl~,
:111( recomnleiided its
pft;'$agc.
1110 bill WILR ordcrctl to I)(> pri
:ltl(? pl>t<>ed
0 1 1 tho Caiend:Lr.
Mr. U w h v , t'roni thc C'oiiinii
o i l AIilitar). lifI:iirs, to whorl1

May 9, ISFl.]

PROVISIONAL CONGRESS.

201

rcfcrrcd the cominunicsttion of the Secretary of War in reference to

the nianrifacture of arms and powder, reported resolntions conferring
certain p o ~ c r son the Secrctrtr~of W u , under the direction of the
President, in relalion to arms and iiiatcrials f o r gunpowder.
The rcsolutions~\-erctakcn up, read a first xiid second time, engrossed,
read a third time, and agreed to.
Mr. Campbell, from the Cornmi e on Pay and ililileage, reported
A bill to amend an act entitled A n act to fix the pay of members
of the Congress of the Confederate States of America, approved
March 11, 1811;
which was read the first and second times, and being before Congrcss for action, Mr. W ~ u irioved
l
to :mend the same by striking out
i n the words each mernher shall be allowed ten cents per inilo foia
coming t o and ten cents per milc fo r returning from the place where
Congress ma3 a w m h l c the word ten, where it Occurred, aiid
iitierting in lieu thereof the word twenty.
Mr. Wigfall moved to amend the aniendment by striking out the
word twenty, where it occurred, a n d inserting i n lieu thereof the
word forty.
Mr. Perkins dcniaiidcd tile question; which was seconded. mid the
motion was lost.
The question rccurring on the motion of MY. Wad, Mr. Perkins
tieniaiided the question; which was seconded, and the motion preI ailed.
,111.. Chesnut moved to postpoiic the bill indefinitely.
5lr. Crawford demandpd the question; which wab seconded, and
tiic motion was lo&
rhc bill was c.ngrosscd and read the third time, and on the question
of thc pissayt, of thc bill, M i , . Perkins deniancied tho qucqtion ; which
was secotided, alid t h o votc thereon, being talien by States, is as fol1o\vs, viz:
Yea: Looisisna, Misqissippi, Texas, and Virginia.
Nay: Alah;iiu:i, Eloi.ida, Gcxrgia, and South @a]-of itla.
The bill w f t s lost.
The following iiiebsage was recciyed froni the President, through
his Erivatr Swrctary, M r . ,Joiwlyn:
Lift . PI.
A hW l

. Iht. Preqitient 011 3 esterday appro\ed ant1 signed

a ti1 acttlitioiial iiiilitary f

L l i ~this
d day appio\rcl nird signed
h i :I( t to ciiiientl ail act vesting t e
appro\ctl Marc11 I,?, 1861.

to herve duiing the nar.

A1r. Josiclyn also preientcd to Congrci, n cornniunic~atio~i

in writfollow^:
ing from thr Prcvidcnt : u hich i y
Corn:,
t of thc Coriyrrts
to the Congrets x coinmunit sltioii Irom tlw Secretary of
iri:
I herewith tiaii
iations in the wdnctlon ot Eort Snlnter, together n i t h
IVar w i rJrinq thc rep
t h e l h g 1 1 4 011 that
JEPFISRSOS I),i V18.
IIO!l.

11
I

which 1v:ib referred, with Lhcl :I( co n ip iy in g ciocuiiients, t o the (:omniittec on Military Affairs.
MI-. Conrad, froiii thc Conin!ittet> on ?;an1 hff airs, reported
A bill to authorize thc piirchii>e or construction of certain vessels of
war;

202

JOURNAL O F THE

[ J k S Y , 1861.

which was read the first and second times and ordered to he placed 011
the Calendar.
Congress proceeded to the consideration of the special order of the
day, a resolution in regard to the military expenditures ruade hy the
State of South Carolina; which was engrossed, read a third time, and
agreed to.
Mr. Chesnut, from the Committee on Naval Affairs, reported
A bill to make appropriation for bringing [buying] 200 rifle cannon, 5 small steam propellers, and for providing sufficient crews and
munitions for the same;
which was read the first arid second times and ordered to he placed on
the Calendar.
Congress took up for consiclerntion
A bill relative to telegraph lines of the Confedcrate States.
The question being on the :Lmendment reported b~ the Coinmittec
on Foreign Affairs, which was to strike out a11 of said hill after t h e
enacting clause, and substituting in lieu thereof thc f o l l o w i n g , iiainely :
That dnriiig the existing war, the Prrsident be, ant1 he is hereby, authorized and
empowered to take such control of siich of the lines of telegraph in the Confederate
dates, and of such of the ofices connected therewith, as will enable him effectually
to supervise the conimunications passing through tlit: same, to the end t h a t no coiiiiiiuiiications shall be conveyeR of the military operations of the Governiiient to
endanger the 8ucress of snch operations, nor any communication calculated to injure
the cause of llie Confederate States, or to give aid and cwnfurt to ttirir enemies.
SW. 2. Tho President sliall appoint trohtworthy agents in sncli offices, and at siich
pointy on tlie Tarious l i r i e ~ ,
ay think fit, wtiose duty it dial1 be to sul)er\ise
all coiiiiiiutiicntioiiu sent o r
through said lince, and to prevent the trmsiiiibsion of any cotniniinicatioii
I to be dt~tiimc.nta1to the public service.
SIX. 3. 111caxe tho owners arid tiintiagvis of mid lines shall refuse to permit sii(11
snspansion, or slinll fail or refaqo to keep u p and roiitiiine the business on saiclline~,
the Iresident is 1ierel)y cinpo\r eretl to take powessioii of the same for the piirpokes
aforesaid.
SEC.4. The Presitletit sliall, froin time to tinit, lie instructions to tlie agents so
uppointed, and to t Iic opvr:*tois of tlic barious lin to regulate tlie traiisnii~sioiior
cominiuiic.:itioiistowtiinq the oiwratioiis of t h r Government, or calculitted to affect
the public welfiirc.
SIK.5. Tlint i n vases where tlrcl oiwrators of tlio lincs eliall hefountl to be of HUG-

f*I:OVISIONAL

9, Ihbl ]

CONGRESS.

203

aycrit uf (h(*( r ~ \ t ' i i i i i i e i l t , or any mesf tlieciiernic, OF tli(.('oriictlci~~tehtatcq,

c t court of the. Contcdw-ate State., and
tliaii li\ e hniitlrctl dollars and impris-

;\I;.. Chiitoii n i o \ ~ dto anicnd thc fifth section tlic.reof by striking

t!]v f o l l o n i u g 5rzt liriw, 1 i ~ :

0111

om oi tlic. lines shall Iw foiintl to be of siiRicGcnt

iiiay ctonstitute them,

t h c word, "Tliut tho President, a t his

dimetion, iiitiy ciii~~ioy."
and to imert aftcr the ~ o r d . ;" thc operators
of t h c lirirs" the \\ o i d "a,."
Thc motion prevail:d, ~ n tbe
d a ndimnt as amcntlcd mas agrccd to.
Tilt. bill 5th sniended \I i i > ~1ig1.0
r c : d R third time, rind 1msseecl.
,111.. Cliilton, a t the ii;st:ince
hc Shk: of Alabama, iiiovcd to
reconsider thr rote taken on yestcrdny on the 13 age of the bill to
tmlic. further provision f o r thc pni)lic, cldensc.
Air. Crawford deriinncled the qucdioii; which was sccondcd, a i d Mr.
tlic iristmce of thc State of XIiisishippi, dcniundcd the yens
0 1 1 the motion; nhich :LIT t i s f'ollo~vs:
ia -YW: Mcss~s.IYalk~r,Smitli, Chilton, Ilslr. &IcRt~c,tilid
Ihvi-;, S a y : 3Icssi.b. Ciiriy, Shorter, arid ,Toneb.
Ii'Ioridx--Te:t:
MI,.
IVard. S a x : ,111.. Orven~.
(3miwia- Sap: Jiessr+. IIowtll Cobb, Bartow. Crawfold, Yisbet,
l l i l l , 'l'.?lt. li. Cobb, Kcnan, and Stephens.
. Pcrkins, Uc Clouet, Conrad, and ICcnner.
Eouiiisna-Yca: Jlc
x i y : M r . Spxrrom.
JIibsihsippi --Yea: Mcssrs. Barry :Itid Cariipldl. Say: Messri;.
Harris, I3rooke. Orr, :tnd Harrimn.
xth Caroliua- Yea: Mebsrs. Barnwell, U i w n u t , R I I ~Bopcc. S a y :
$. R h P t t , Kci tt. ;LIilcs, and Withers.
cx:Ls-Y ca: Mr. Wigfall. Nay: Meshrb. Ilciiiphill, Waul, Gregg,
Oldhain, and Ochiltree.
, Brockenbrough and Staples.
Virginia- Kay: Me
Yen: A lalmna ttnd Louisiana, 2.
Nay: &orgin. Missishippi, Soath CiLrolina, Texas, and Virginia, 5.
I)i\ idcd: FIori(h, 1.
r..
i Iic iiiotion w i lost.
~
AKr. l'erkins oflc~rctithcx following resolution:

at

tllcb

folloi\ iiig shall l w added to the iules of the Congress:

the tinic shall h,iw dapsed TI ithin which a reconor Iiotitt: thereof given, unless otherwise ordered by the

( ~ 1 1 ~ 1 1 i ~,inti1
(1

!I(,
TT

hich

ICZS

iiiorcLti,

taken up f o r consiili~ration.
'0111 the Committet on Engrossrrieiit, reported as

11 rc5olutioi: vciting certain power.; in the Secretary of T a r , under

tlip direction of thc President, in rclation to arms and materials for
gU!lpo" der; also
Li bill to make further provision for the public defense.
The question hring on the resolution of IMr. Perlrins, pending the
wile,
On motion of Mr. Colot),
The CongresJ adjourned ut:iil 12 o ' v h 1c to-niorrow

nominations, to nit:
William Iinkncy Ifill, of Texas, to be jirtlge of the distrkt of Tcxaci, in the place
of the Hoii. J o h n Hemphill, who has declined the appointlricrit
Alexander M. Clayton, of Mississippi, to lic jiidgc 01 the district of Mississippi, iii
the d a c e of the Ion. Williani L. Harrih, ~ i h hno declinetl the nppointrnent
JEFFEIZSOS TIbVIS.

Tho qwstion being,

Will tho Congress advise and consent to tho nomiuations abovc
comniunicRtcd8
On tnotion of Mr. Harris, thcv were rcferred to the Conirriittec on
the ,Judici,zry.
Tho committee immediately reported hack the nominations wit,h
a recommendation that t h e v hc, confirmed; and the Congress did
unanimously advise and consent t o the nominations.

OPEN RESSIOh.

805

X r , Ochil tree offered the following resolution; which was agreed

to, viz:
IZrsolicd by liic ( IOrujith) of 2h &$cdc, nte htcitca o ~ A i ? i e r i c ( tThat
,
the Committee on
Indian Affairs bv in wted to inquire iiito and report upon the propriety of this
iiiakiiig pro\ isiori for the Indian8 located upoil
)f T e s a ~n liieh were under tlie c.oritro1 of the
b, aiicl that they ieport upon the same at tlie

niittee to S r r m g e f o r Government T3uilding-, i-.yorted the follo.iving rewliition:

cd, That tlic becretary 0 1 1hc rrcasary be authorized and directed to employ
(lent rught \\atc.Li t o p i n i t ! t h e esc.c.ritl\(lwilthiigs. akk,o that lie be directed
to I c>poit estimate$ of a~igrolmnticiiii\i liic.11 iiiay be f o u r i d needful to defray the
cul)crivs of tlic same, a ~ i d
also to pa> f o i g ~ ~ l i g li iii tthe
~ esecutiw buildings.
I/(

r ,

tl(>

1c.t)ort \ ~ a :lgrccd
b
to.

111.. fhxrvell iiio.i-ed tililt an udditiorial uicmbcr be added to the

(hiiriiittec on Finance.
Chi iriotion of XY.
S t q h e n s , the motion was amended so as to include

on dudiciaiy :mil Military Affxirs.

rcvailcd, and whereupon the Chair appointed Mr.
IIunter on tlic Committec on Finance, A h . Z3rockciibrough on tlie
Coininittee on JudiviarJ, iintl X r . Staples on the Committee on Military Affairs.
MI>.I3roolw, from the Committee on lntcnt5, reported
A bill to establish :I patent office, and to provide for the granting and
:mce of p t e n ts for new and uscful dibcorcries, invcntioris, improveiiicnts, and designs;
which was ordered to be printed and placed on the Calendar.
Congrcss went into secret session; :ind after remaining some time
therein, adjourned until 12 oclock to-morrow.
SECRET 8K.8SlUN.

Congress being i n secrct session,

311,.St:Lples announccd the arrival of Jfr. Itobert M. T. H u n t e r , one
of the Delc@es from the State of Virginia, who appeared, was qualified, a n d took his sent.
Mr. Ward prcsentcd a commntiication from Joseph Qicrm, cdleclor
a t thc Imrt of I>cii~:~cola,
inclosing two coniinnnications from Lewis
Crugcr, Coiiiptroller i n tlie Treasury Lhpwtnicnt; which more referred,
without lxiiig read, to t h e Coniiiiittcc o n Einanc*e.
Nr. Barry offered the following rewlutions, viz:
Rmo2c ed, That the Comiuittce on the Jitdiciary he i~istriictecl to inqiiirc into the
exlwdiency of forbitldirig liy l x u , \\ it11 adcqnale penaltiee, the $hippifig of cotton or
any Southern produce or the sencling o f any riioiicy to any of the United States occupied 12, tlic t r o o p of or ac.kno\\ Ietizirig their allcciance to said Governiiient, and
alyo to pre\ erit tlit.
of all good> fioiii the United States into the Confcdev o r othcrnise, except ~11~11
as are
erate States or thtx
of this Coiiprecs entitled An act to
eiiiiineratrd in an a
n named, atid for othcr purposes,
exempt, from duty
approvecl February eighteen, ciglitecn hnii(1red and sixty-one, and further to proT i t i c that tlie collcctioii i n the court3 of the Confedcrate States of inoiiey clue for the
purchase of ariv of the artic.lcs eiiiiiiirxratetl in t
i)ovi.-meiitioiicd act shall not be
tlrlayed or cioba~rassetlb y any plea or tlrien~e ng: out of the exibtence of a &ate
of war betwecn the Confederate Statca and the
tcd States, and to report by bill
or otherwise.

206

JOURNAL O F THE:

LLl!

10, IbB1.

[May 10,1861.

togetller wlth rifled cannon, +mall arriis, arid other ordnarice stores
f war, the slim of one inillion of dollars is hereby appropriated out of

the Confederate States.

The motion prevailed.

The bill as amended was engrossed, read r? third time, and passed.
Corlgress took up for consideration
A bill to autliorize the purchase or construction of certain rcssels
o war.
Mr. ConI.ad, froin the Committee on Naval lkfhirs, moved to a m i d
tho sanie by striking out all after the enacting clause :md mb3tituting
in lieu thereof the following, viz:
That the Iresideiit be, 2nd he is hereby, authorived to a i i b e to be piir(:hawl, if
possible, otherwise to 1x1 constructed, u it11 tlir least p 4 d e delay, in Francc or
Xngland, one or t\\ o T i m steamers of the niost rnodwn ant1 irnprnved drsc.riptioii,
with R powerful arnian~r~iit,
and frilly eqiiipp(>dfor s c w iw.
Hcc. 2. Ttlc Cong~e,\sc/o.ftirtlter otnct, That t h t x siini of t\\o iiiillions of dollar< lie,
and the same is hcrehy, appropriated to carry the loregoing fiection into effert.

The inotion prevailed.

The bill as anieiicled W:IS cngrossed, rmd :t third time, and pasied.
Mr. Bartow, a t the instance of tlic State of Q;corgia,moved to mmisidcr the vote on agrccing to the rcsolution confvrring certain ~ O W P I s
on the Secretary of War, undcr the dircction of the Presidcnt, in relatiori to arms and niatcrials for making gunpowdcr.
rho motion prevailed, and oii rnotion of Mr. Bartow the resolution
W ~ L H reconiiiiitted to the Conimittee 011 Military Aflairs.
MI*.Spwrow, from the Coinniitttc on 3liIitary Affairs, to IT hoin
CICLM rcferred the communication oU Col. I:.11. IIunter, propobiog to
sell to the Confederate States tlic I)cllville Iron \170rkh, near Stw
Orleans, reported a description of the same, :ind twornmcndecl tlmt
tho coriiinunictitiori and re1)ol-tthereon 1)c referred to tho Coiiiiriittec
on Navttl Rflairs.
The report was agreed to.
Mr. Gregg offered the following rcsolution, viz:
.7?mdwd, That tho flag \\ tiich \vm used :It Fort Xonltrie on thc occaGion o
boinbardxlic~ntof Fort Surnter, aiitl ~ h i c l h:is
i been sent by the President to tlic
gress for disposition, bc placmd i i t the (ongrcss IIall, to rc>niaiiiduring t h v pr
session in sonic conspicuous p l a c ~ ~and
; thxt the Hrcretary of \Iw be instruct
take charge of the S ~ L I I ~for
G safe-keeping aiter :djourninent;

which \Tiis ag::rcctlto.

Mr. C:mpbc\l, f I-ointhe Comniittec on Pay and Miicagc, rcportcd
a. bill to anicrid:~nact to fix thc pfiy of tlic members o i Congress o f tlw
<onlrderate Silrttcs of America, :qiprovccl 11th March, 1861; which
W ~ L read
S
tlicl first nnd sccond times.
M i . . IIill nio~wlto riiiicnd the sanie by striking out all after t>Iic
enacting clsusc arid substituting in licii thewof the following, to wit:
That tllo pay of iiicnil)c~ilof Congress of the Coiifetlerate States of ilmerica sliall be
tho ~ a m ciis t h e pay of ~irc~rir)crs
of Congress ot the Uilitetl States.

The inotion m s lost.

Mr. Bartow ofFci*cdt h e following resoliitioll, viz:
Resoloid, That the cflicieiit protection of tlw Stat( of Virgiiiin from the irlvas~nn
witti whir11 ~ I is
C I I O W t11rr:ttened and thc vigornns prosccution of r ~ ~ i l i t a opcnirp
tions up011 . i v h i d r tlepeild t,l~ctsafcty of all thc States, rertdrr rit~cessaryt h e ~ ~ r e b r n c ~
of the Cornnmnder in Uliief anti tho Ciovcrninciit in tlrr State of lirgiilia.

Mr. U:trnwell nmvcd to postpone I h c consideratiori of thc ~ ~ I I Itillti1

C
to-morrow; and at the instance of the State of Alabama the yeas and

>rag :I, iti61.1

P l Z O V I S I O N A L CONGIIBSS.

203

n a ~ sof the entire body w e r ~ordered to be recorded, anc! are follon,s, viz:
A1::lmiia-Y ei~: ~ I C S S ~Walkel.,
J.
Smith, Ctirry, Chiltoil, IIale,
JLcRac. :ind Sbortcr. S:LS:
Mr. Joncz.
Florida--Say : MY. On cns.
(tccirgia-Yea: hlr. Stephens. S:IJ:J
S. Toombs, f-iowpll
Co!tl). Bartow, Cranfoi,d. Sisbet, Tlili, JYr
T.li. K. Cobl), and
Kcnan.
I,oitisiana - Y ~ : L : AIcssrs. Perkin\, De Clouet, and Sparrow. Nay:
JIebqrs. Conrad and Kcnrier.
X i ~ s i s 4 p p i L S a ~3ltwrh.
:
Harris, Orr, Uarry, Harrison. :Lnd
Campi)cll.
South Carolina-Yea:
Mcsbrs. Rhe& Barnmell, Chcsnut, Nemiiiiiigcr, and ithers. Say: Xessrs. lieitt, Miles, and Boyce.
I exas--Yea: Xcssrs. Iteagan, Ileimpliill, Gregg, and Qchiltree.
Say : Slessrs. nigfall, Maiil, arid Oldham.
3lcssrs. Huiiter, Brockenbrough, and Stapleh.
, 7

received froin the Yresicieiit, through hi, Yrivate

Swi.et$iry, 1111.,Jo~sclyn,that he Iiacl npproved a n d signed
A resolution in regard to the inilitarjy expenditures inade in thc State
of South Carolina.
A I Y . Shorter, from the Comt11ittee on Engrohmwnt, reported as COPrectlj- erigrossed aiid enrolled
An x c t to anlend an act to provide for the public defense, approved
h h r c h 6, 1861;
A n act t o authorize the purchase o r construction of c e r t h v
of \Val*; ar1d
An xct aiithorjzing an agent to be sent abroad to piircliabe vessels
n r d arms; and making a n :ipproprintion therefor.
i hc question bcing on xgrceing to the resolution offered b y Mr.
1hi ~ ( J v , , JIr. Curly moved to ttiiicnd the same by Gtriking oiit the
wolds and thc Go\-ei*riiiieii
t.
On motion of Blr. Bartow,
Congress adjoarned until 12 ocloclr to-inorrow.
r 7

SATURDAY,

?+JAY

11, 1861.

h i nct to tm1entl
March 6, 1861;

ziti

act to provide for the pnhlic defense, approved

IItOVIS1O;LAL CdNGRXSS.

X w ? . 11, IShl ]

211

,in act autliorizing tin a g ~ i t~ot l ~ cw n t abroad to piirchabe vessels

arm\; :incl ni:Lking :Ln appivpriation therefor:
*Ln : ~ tot anthorize the p)iir(*ltaseu r construction o f certain L cssels
of n ar: :u1d
Zn act rclativc to trlegraph line. of tlic Confederate State,.
The Chair laid before Congres.: the following cornmimieation:

,tiit[

>IOSTGO\IERI,
C01313,

1i.rcidetti

OJ

~ ? f i / ! /10,1861.

Coiup

1Jeg lea\ e to tender to .i 911 ailti fl!roi:gh you to the Coiigresb over
side 1:iy i(-ignatioii as :L iiieiub~~!
(it tlint body.
c~riiiitiiie to +a> that 111)
inertion ion \I itli t i i i - c!istiiigr:ishecl assembly of patriots
1.i ill I,e cherieliccl aiiioiipet t h z iiiout tieaGiiret1 I ( ( ollcrtioris of- ~ i i y
life, and to express
r i i j I\ nriiiest I\ i h e s for the siiwess ot the gwat work in n hwh you %rcengaged.
I ha! e the honor t o be, yours, \ cr\ eiiiccrel?,
ALES. .\I. CL.IYTOX.

Clongrei-, then procecdcd to the considerztion of

n I)urcsu in connection with the
Dcpartmciit of the Trea,sury, t o be knowir :ts the OEce of the Auditor
of thc ircnsury f o r the Post-Ofiice Ueynrtinent .
ihc first cl:~iiwof the first srctioii lwing :i\follow\.h:

-.L IlilI to estahli~hand organizc

That theie +liall I)e established in coiinertioii \vitli the Ikpartiiiciit oi the Treawry
a burtwi n liicli shall lie knon n at. the Office ot tlie Aiuditoi of the Treasury f c i the
Iott-0fhc.c Dcpartiiicnt

111,.Crau ford nio~wlto aniend by bti-iking tlit?rrironi the words

t h e Auditor o f and inserting in lieu thoreof t h e words c.hief clerk
for.
lcnding which motion, on motion of air. Crawford, the hill was
rec.omniitted 1o the Corniiiittcc o n Eoskal Affairx.
A niesaage ITW received from the President t h a t h r had npproved
and tigncd
,111 act to anlend a11 act entitled An act to fix tlie pay of mcinbers
of the Congress of the Confederate State.-; of America, approved
&/larch 11, l b s t ;
An act in relntion to tlic Confrc1er:ite lonn; and
An act to I i l t L I i ~farther provision for t h e public defense.
Froni which I:i~t-namedact, on iiiotiou of Xr. Wright, the injunccc37 N as rrmo\-ed.
proceeded to the consideration of
tmicrid aii act to prcscrihc t h e rates oi postagc in the Confctlcrittc States of America. and f o r other purposes. npprovcd February
23, l86it.
The hill I \ : ; L~~n g r o s i e d ,i*cwA a third tinic, and pabs~1.
Coiigiw~tlrcn took l i p tlrc iiiifiuishrd l)uhincsb, viz: the r c d u t i o n
oflered hy Mi.. E:lrto\f i n id:ttion to moving tho Govrimmxt to the
city of Richinond.
A1 L. Khott nrcn cd to po&ponc indcfiiiitcly the fuitlici, coilsideration
of thc sii:i:c; and thereon Nr. lcrbini dcniandcd the question.
ecoridecl, and thc motion was lo-t.
1 . JIiI(>k.ar, thc instance of thr State of South Cin*olitra, called for
thc J - W ~ atld n a p of thc c n t i r r bodj , :tnd which : i i x a* Pollow-:
Alabt.,i~i:~--Y~:~:
Jiesbrs. Walker, Smith, Curry, Chilton, IMe,
McRac, and Shorter. N:ij-: Nessrs. ,Jones :ind Davis.
Floridti- Pea: >IreOmcnh.
Georgi:l--Say: Mesit 5. Toonih,, IIo\vcll (olil),Uarto\v, Nisbet, IIill,
T. it. It. Cobb, Icenun, &nd Stephens.

May 18, 1861 1

PROVISIONAL CONGRESS.

213

The drilland was not seconded.

After. lurther d iscussinn, Nr. Harris demanded the question; which
was seconded, :,nd thc motion w:tb agreed to.
R/I r. Shorier, at the instaiice of t h e Stntc of Alabama, called or the
yeas and i i n j s of the entirc body: which were t:tken and recorded as
follo\rh:
Rlal~ama- Kay: Messrs. Walker, Smith, Curry, Chilton, IIale,
bIcHnc, Shortcr, rloiics, mid Davis.
I.lorid:i--_Stiy : Nr. Owens.
Grorgia-Yen: X ~ s r s IIowell
.
Cobb, Bartow, Wright, 7.12. R.
Cohlt. and Ihiian. Kay:
rs. Cramford, Kishct, and Hill.
1,wisi:tna-Y ea: Mcbsr
kins, D o Clouet, Conrad, :tiid Kenner.
S R Y : A h . S~XLrro.
. IIarrih, Orr, and Barry. Nay: Messrs.
Mihsir4ppi-Yea: Me
I-Iarrimi and Campbell.
t h Carolina-Yea:
Messrs. Keitt, Miles, and Boycc. Naj7:
s. Khett. Barnwell, Mcmminger, 2nd Wither+.
ah-Yea: Mesurs. \Vigfall, Efe~iipltill,Waul, and Oldhnni. Nay:
Mcsirs. Gregg and Ochiltree.
Virginia -Yea: Messrs. IIunter, 13rockenbrough, and Staples.
Mr. Shorter, from the Coniiiiittce on Engrossment, reported as correel-1.v engrossed and enrolled
An act to aniend a n act entitled An act further to provide f o r the
organization of t h e Post-OEcce Ihpartmerit, approved March 9, 1861.
On motion of Mr. Wigfall, the resolution jwt adopted rrlative to
the adjorr rnnierit of Cougress and its reasmmbling t i t Kichmoncl, etc.,
was rcferred t o the Coininittee on ,Jndiciary, with instiwAions to said
corrirnittec to report a bill to oarry into effectthe intention of Congress
therein expressed.
On motion of Mr. TV:iul,
Congrc~sadjoarncd until 1%o~~loo1c
Monday next.
EXECUTIVE SESSION.

The Congress having gone into exccutive session, the following

corn mixni cation was received f roiri the President:
T

IioiriiiiiLLe
1 \ iw of

Mos~oozr~wr,
Moy J I , 1861.
Hen McCnlloch, of Tcxas, as brigadier-gerleral of yolunteer forces in
thc (hiifctleratcb States of Aineriva.
.JTWFERSOI: l>AVlS.

Lhe yuc5tion lving,

\$Till the < h g r e s s sdvisc and cwnseni to the nominal ion ahove
comninnic+atc~d
!
It 11as un:mintously dccidcd in the afiirrtlativc.

MOBLL~Y,M A Y 13, 18til.

0fl.X HEHSION.

Congress met pursuant to adjournment.

Prayer was ofIercd I)y the Rev. Xr. Hill.
On niotion of A h . Rhctt, the Chair mas authorized to appoint an
ndditiond mciiiber on the Coirilnittee on Foreign Affairs; whercul)on
the Chair appointed iVr. Rives 01 Virginia.

214

JOURNAL OF THE

[ m y 13. l8bl.

On motion of Mr. IIalc, the Chair filled the v a c ~ ~ r c0 y1 1 the Judiciary Committee occasioned by the resignation of 3lr. Chyton with thc
name of Mr. Smith of Alabama.
There being no business on the Public Calendar, Congress went into
secret session; and after remaining some time therein, adjourned until
11o'clock to-morrow.
SECRET SESSION.

Congress having resolved itself in secret session,

Mr. Stephens announced the presence of Mr. William C. E v e s , ong

of the Delegates froin the State of Virginia.
Mr. Rivcs was duly qualified and took his setbt.
Mr. Shorter, from the Conimittee on Engrossment, reported ns correctly engrossed and enrolled
An act to aniencl an act to prescribe the rates of postage i n the Confederate States of America, and f o r other purposes, approved February
23, 1861.
Mr. Cobb oflered the following resolution; which was agreed to,
viz :
Resolved, That after this (lay the hour for the daily nssembling of Gongreps shall
be elercii o'clock a. m.

Mr. Rhett, offered the following resolution:

Rc,uolued, That t h e duties on importations to be laid by the Confederate States and
foreign nations reciprocally IS a propw matter for negotiation and treaty stipulations,
and that the roiriinisRioners Of thc Confederate States 1 1 0 in
~ Europc be, and they are
hereby, authorized to propose a inaximuiii of duties n o t higher than tn enty per cent
ad vdoreni on all ortides of nraiiufacture or production imported froin any iiation
whic-11phall iiiake a trc%ty with the Coiift.tlerate States satisfactory in vtlier respects.

Tho resolution WRY rcferred to the Conirnittce on Foreign Affairs.

On motion of MY. i3wnwcl1, s c c r c ~ ywas r e n i o d from thc rtport
of tho (hnni i t t e e 011 Foreign Airairs on the President's nies5age relat
ing to the ttff:Lirs h t
ti tho Corrfctlerate and the United States.
Mr. IBll'tow, from
Co1i 1t nitb c a oti Mi litavy A f h i rs , r e p r te d
A bill t o iiicretw tlic inilitarp c.;l:tblishmcnt of the Confederate
States arid t o tiinorid t h e :L(% f o r the establishment and orgnnization of
the Army of tht: Confed(1ratc Y t a h s of Aiwrica;
which WTILS
read t~ first and sccond timc, ordered to he printed, wid
nwdo tlic special orctcr f o r to-niorrow.
Mu. ihrtow, froni tho sanic cwniniittec., m:~dcthe following report:
The Colmnittco on Milllitary Affair*, to I\ h i d i was referred il bill to amend an art
for the estahli~liirit~~it
anti orgmizatioii of t l i e llrrriy ot the Contetlerate states of
h l e r i c a , h \ T considcrcd the riaine a l i d >ISB leavc to report that they ha1 e embotlied
in general bill rq)ortcd Iiy thc coniinittcc those sections of this 1,111 Tvvhlch they
ttpprove, and Lliat i l l tlrcir opinion it is iiiexpetlicnt to pass tliis bill.

i h e report \ v w agreed to.

Mr. Ihrtow, froin the mine committee, to which waf referred the

1 7

resolution suqys t i ng the expediency of orgauizing i n i l i b q districts,

ek., r:eportccr:~dvc,~aoly
to the same and b u g p t c d that the matter be
left to the discretion of the Executive.
Tho ~ c p o rwas
t agreed to.
Mr. Qregg, from the same conimittee, to which as referred certain
tcd by the Secretary ol' \Var, reported the same back;
ered that the papers lie on the table.
, from the Committee on Postal' Affairs, to which mas
e bill to establish niicl organize a bureslt in conncction

\lay 13, 1861 1

PRO\ IRIONA I, CONGRESS.

215

with thc Department of the Treasury t o be known ns the Office of the

Auditor of the Treasury for the l'ost-Ofiice Ikpartnicnt, reported a
substitute, viz:
A bill t o provide for auditing the ncconnts of the Post-Office
artnient.
n motion of Mu. Chilton, the word '' fourteen '' in the words '' and
shall appoint fourteen additional clerlm, with salaries of twcl\ e hundred dollars each," T V ~ Sstricken out : ~ n dthe word " fifteen" inserted.
The substitute its thcn adopted i n lien of the original bill, and was
etigromed, read a third time, :ind passed.
Mr. McRne presented :L clxini :tg:iiiist thc Government in ftivor of
J o h n B. Todd; which w a s referred to tlic Coinmittee on Claims.
Mi-. Mcmniinger ofiered i~ resolution in relation to ll1iiritit1 hospitals;
which was read a first and secoiid tinie mid referred to the Committee
011 Finance.
Congress procecdcd t o the consideration of
A bill t o suspend the o erationa of t h e mints.
The bill was considem by scctions,
The third section thereof being :is follows:

"8

cf

Thnt the Secretary of the 'J'reasary slid1 take proper memires for the sale of the
of the Government at Ihhlonega at such time as he shall drein expedient.
in the iiieantiine thc ~ i i shall
e
be placed by liiiii in charge of some fit
person.

Nr. Stephens nioved to amend I)y qtriking out the same and inserting in liru thereof the following:
Ssc 2 That t h e Secretary of [the] Treasury, until otherwisc directed by law, be
authorizctl to take the t.aiiie course in relation to the iiiirit and public property connected with it at Daliloiiega.

The motion prevniled.

The bill ns aiiicndcd was engrossed, read a third time, and passed.
Mr. Cobl) offered the following resolutions:

COrrgreHP;
My.

Curry moved to rok'er tlie resolutions to the Conunittee on

Ii"1nxncv.

The itlotion war; lost.

On niotioii of MY. Cob\), the s:iinc wits sirieiided 1)y filling the blank
with " three thousand."
Thc~resolutions 8s :tinended were tiigrossed, read :L third time, and
passed.
Congrcss procccdcd to the considcration of
A bill regulating thc hale of prizes and thc distribution thereof.
The bill was mgrossed, read R third time, and p d S S d
The next regular order being
A bill to dcfinr the juristiict~onof the Federal court': in certain cases,
On motion of Mr. \Valker, the sanic
rrconilnittcd to t h e Con]mittee on qJutliciarF.
The next i * q u l s ~ order
r
on tlic ('~ihid:irt)t.irig

216

JOTJRNAL 9 5 TBE

tiray 13, im.

A bill to establish a court, of :Aniralty and maritime jurisdiction in

the State of Missisqippi, etc.,
It mas ordered that the considerstion of the same he postponed for
the presen t.
The next bill on the Calendar being
11 lbill to prohibit the introduction of slaves from any State not a
meinlwr of t h i s Confederacy,
Mr. 11oyc.e moved to amend the mme by substituting therefor
A bill to prohibit the importation of slaves from-the United States.
On rnotiotl of Mr. Hale, the hill, to ether with the amendnlcnt, \rras
recommitted to the Committee on J uC Ficiary.
Congress proceeded to the consideration of the next regular order,
vie :
A bill relatire to invalid pensions.
M y . Curry nioved to amend the bill by adding the following its an
additional section, viz:
That in all applications for the payment of inralicl pensions undcr this art the
affitlavitof tno pliysiciaiiu whobe credibility as mch sltall be certified b y the magistrate judge belore who111 the ttHida\ it is made, statiiig the continuance of the disaFility (desviibing it) for ~ h i c l thc
i
pension M A S originally grantetl anti the rate of
such ciizability at the tiriic of making the afidavit, shall accompany the appliration
for the first payment; and if i n a case of continned disability it shall I-,< statctf at a
rate below that for which the pension w m oiiginally granted, the affidavit [applicant] shall only bc paid at the rate stated in the :tffidavit;

which IVRS agreed to.

Ttie scwoncl section being
Sac. 2. That every roiiiiriissioned or noncommissioned offirer, musician, Poltlier,

MI.. Ilemphill moved l o :tinend the same by striking therefrom all

from and aft,ci- : ~ n dinclusivc of thc kords a t sixth rate of p y , etc.,
slid iiiscrting i n lieu thcrcol the following: (6
r i
1110 iriotiori prcwilcd.
MY.Ilalc., i L t tho in.;tancc of the State of Alabama, moved to reconI tho vott: juht takci~by which tho amendnieiit of Mr. IIcmphill
rtdo >tPd.
MI.. detiiiningrr: iiiorcct to postponc t h v further consideration of the
bill indclinitc~ly.
A tit1 fllereoti Mr. Ilttrris dcni:indcd thc question; vhich was seconded,
m i d tho iiiotion prcvailcd.
hlr. Ifclnpliill, :It thc instancc of the Sttttc of Texas, enllccl for the
W : ~ S rind nays of the cnti1.e body tlicreon; which mere taken, rLtld are
follo\rs:

;is

A l : ~ b t ~ i i i ; - + - - kMessrs.
~

Malker, Smith, Curry, >ind Shorter. Xay:

MWSW.Chiltoti. I l i ~ l Jones,
~,
xud IIavis.

-----

__ ___

--____I_

__

The ~~iiendrntwt
proposed b y 311.. Ileiiiphill 15 not rworclrd in the Joumal, nor
has it h C t 1 fou1Ni with the papers of the Coiigefig in the custody of t)ie War
Dqxirt nient.
(6

JOURNAL OF THE

TUESDAY, MAY 14, 1861.

OP E N SESSION.

Congress met pursuant to adjournment.

Prayer was oflered by the Itev. Xr. Cobbs.
Mr. Cobb offered the following resolution, vix:
A resolution in refeitnce lo a day of ftmtilis and player.

The dependence of nations, as of individnals, up011 an overrnling Providence, a t

1 timeq, we fnlly recognize. But a h e i i perils surround and natlonal cxlstence is
t reatened, it peculiarly becomes a pmple to nianifest their subnii~sionto the ill
md guidance of the Oinnipoteiit Ruler of tlie unirersd. If the cause be iighteous,
r
and the quarrel just, we may confidently ir4y on Him who reigncth alike o ~ e the
armies of earth and the hosts oi 11eaveq: at the same time we recogniLe our duty to
appeal liunihly to Him who hath said, I will be inquired of by my people. To
the end, therefore, that the whole people of these Coniederate States may 111 unison
and with one accord approach tlie throne of the Most High to mroke 111s hl(%iiig
u on us i n our defensive strucgle for the right of selt-government and the eiiloynient
of the liberty He voudisafed to our fathers, aiid to protect us froin those who
threaten o w lionies with fire ant1 sword, our domestic circles with rutlilew lud, onr

which

WLS

unnnimonsly tig~.cedto.

MT. Olclhtini offered the following resolution; which

wtth

ngreecl

to, viz:
Reaolird, That the Committee on Coniinercial Affairs be directed to inquire into
the wpediency of making tho city of Houston, in thp State of Texas, a port of +%ittry
arid tic41vcry, and that they report b v bill or otherwise.

iMr. Clinginan h i d beforc Congress thc following rwolutions,

adopted by the 1egisl:~tnr.cof North Carolina, viz:
Resolritioiiq nuthormng lhcgorernoi to iiw nll tho power5 of Ihe State, fivil and mihtai) , convstent
witlr tho ~onrtrtutionto 1xot( r t thv p<*r\on\ .MI proporty 01 oiir citircn\, ,nid t o maintain .tiid
cfeftknd the honor 01 301t h C ~ i r o I n i ~ t

Whereas the Constitntion of thc TJnitctl States has hecn entirely subvcrtcxi, :ind its
Croverninenthah I)ecw c-onvcrtctl into it military drspotism by the usurpations o t the
Adininistratioii c,f Abraliaiii Lincdri; m d
Whrrenr tlie b&l Ahraliaiii Liiicvlii has proinulgatetl a proclamation derlaring the
3ortb of North Carolina i n a rtitte of blockade, aiid clirticting our ships engaged in
f a w coinincrce
~
to be Peise(1; ant]
Whcrew sncti nicasnres arc, b j tlie IAWS of civilized nations, only to be resorted
to against a foreign Statc, itntl one agdinst which uar has been tleclarect, ~ i i t l
W1iwe:L- North Carolina has no altc>rnntive,rorihktent with her safetv and 3ioiior,
hut to swept, tlicl poritioii tliiis :imignt~Ito h c ~~L Ythat of an indepe1lcient and foi eign
State: llierc~fort~,
k i e it
Itesokied, lhat 1 1 gowrnor
~
is l i e r e b ~authorized to usc all the powers of the State,
civil :wid military, consistent it11 t h c constitution, to protect the person\ and
property of onr cbitiwns,anti t o inaintain :ind clefend the honor of North Carolinn.
A truc copy froin tlie iniiinttxs of the house of commons of North Carolina.
EDWARD CANTTVEI,L,
Clerk House of Coinmons.

Congrcss mcnt into secret scssion; and after reinainiiig home time
thwcin, :idjourncd until 11 oclock to-inorrow.

Xay 14, 18bl.l

219

PROYIYIOX AL CONGRESS.
SECRET SESSION.

Congress having iwolrcd itself in secret session,

On motion of Mr. Cohlt. Nr. Clayton, late a member of the Congress,

w:ib

invited t o n stat in the Hall during the sccret session of

rtcr, froiii tho Coiiimittee 011 Engrossment, reported as corrosqed and enrolled
An act to :iuthorise the tmnafer of appropriations;
Aii w-t Lo tleiine t he limits of tlie port of New Orleans;
At) act t o orgmize further the Biircnu of Superintendent of Public
Printing: and
A n n t t to suspend the operations of the mints.
hlr. 12~rnrrellprcventcd st niomorinl relative to duties on certain articles; irhich was referred to the Committee on Fipance.
Mr. Ochiltree introduced
A 1)ill further to provide for the payment of mileage to members
of tile Congress of the Confederate States of X merica;
which \vas read a first and second time.
Nr. &ai~nwcllmoved to po5tpone for the time the consideration of
the bill arid to plave the saiiic 011 tlie Calendar.
MY.l2ht:tt thcreon demanded the question; which was seconded, and
the niotion N W lost. The States roted thereon:
Yea: Y i rgi nia.
S a j : Alabania, Florida, Georgia, Louisiana, Mississippi, South Caroliim, and lexas.
Iltc qncstioti recnrwd on ordering the bill to be engrossed for a
t l i j i d roading.
Thr bill wntl engrossed, read a third time, and on the passage of the
same,
M r . Iltlc, a t the instance o f the State of Alabama, cdled for the
body; whicli were taken, and are as follows:
yc21S :1nd nnys of t
A1~L~xuI~:L-Y
CR :
essrs. Smith, ,Jones, and Davis. Nay: Messrs.
W d k e r , Curry, and Ihle.
Florida-Yea: Mr. Owens. K a j : Mr. Ward.
Georgia-Yen: 311..
Ilill. Kay: Illessrs. I I o ~ e l Cobb,
l
Bartow, Nisbet, Wright, 7.R. It. Cohb, I<enm, and Stephens.
Lo~iisi:~u:L--Yca:,Mcssrs. Forkins, De Clouet,, Conrad, Kenncr, Sparr01\. :ntd AI:lI.hhall.
IIi~hiv.ippi--Ycn: Mr. C m i p b ~ l l , Xay : Xessrs. Harris, OW, Barry,
and 1I:trrimi.
Soiitli C:\rolina--Pca: blessrs. 12hett mitt Niles. Nay: &I

1, Oldhxin. and Ochiltree.

ough. Nay: illessrs. lIunter, Rivcs,
Tlic ])ill was lost.
A1 r. \Talker introduced
A bill in latio ti on to iiiileagc;
wlii(<ljwis rcnd the first and second times, engiossed, and rcad
ti I 11P .
0 1 1 t l i c ~qircstiori,

f~

third

Florida-Say : Mcssrs. \Yard and Owens.

Georgia-Yea: M43eshi.b. Toonibs, IYright. and Kcnan. Nay: Mcssrs.
Elo~vellCobb, 13artow, &bet, and T. It. R. Cobb.
T,ouiiiana-Nay: Messrs. Perkins, De Clouct, Conrad, Xonner, Sparrow, arid Marshall.
i\libbisbippi--Yea: Nessrs. Orr, Barry, and Campbell. Nay: Messrs.
IIarris and IIarrison.
South Carolina-Yea:
Messus. Meiiiiiiiiiger a i d Boyce. Nay:
Jlessrs. Rhctt, Rara-well, ICeitt, Miles, and Withers.
Texas-Yea: Ilessrs. IIemphili, Gregg, and Oldham Nay: Mr.
Iteagan.
Virginia--Nag-: Messrs. Hunter, Rives, Brockenhrough, and Staples.
On motion of J2r. Oldhain, th e bill was postponed for t h e time and
madc the ~pcc~ial
order or to-morrow. It was further ordered that
tlic hill wid srnendnient be printed.
The Chair laid before Congrcsi estimates iiiade by the Secretary of
M7ar for the fiscal pear eridirig February 18, 1861 [1862]; which were
referred l o the Committee on Military Affairs.
Mr. 1Tithcr.s moved to adjourn.
The motion WLU 1pt.
1111.. Ilalc made the following report:
The Jntliciai y (hni~nittec,to n hoin n a4 referred
4 I d 1 to prohibit thcl iiitrochic tion of <lave$froin any State not a member of this
CollirYl(.rac*J.;also
11111to prohibit the importation of slaTes from the United State%,
hni e hacl the barn? niitlcr consideratioi~,arid nistroct iiie to report tlirrri back to the
House ith the recoinniendation that they lie upon the table.
6. V. HALE, Cliurrwkan.
A\

7he report was agreed to.

3fr. Hale. from tho saiiie committee, reporkd
Libill to transfer the testimony taken by eoiiimission in certain suits
thcrcin nanitd 1)rouglit i n the circuit and dixtrit-t courts of the United
Stater of Airicrica to the State courts of the Confederate States and to
aiithorizc the wnic to he uscd in said State courts;
which TVRR rc:ttl :Lfirat and second time and plac.ed on the Calendar.
JIr. Harrib, froin the Corninittee o n Judiciary. rnadc tlie following
report:

Tlic resolutionr were odercd to bc p l n c d on tlic. (alcndar.

Colyress procceded to tho con~idcrtrtionof thc specid order, it k i n g
h ))ill to incrcase thc i i i i l itary cstabliihrlleril of the Confederate
States and to amend thc act $0: tlic est:tblisliment and organization of
the Army cf t h t Confederate S1atc.i of America.
Tho second section thereof bcirig a s follows:
SI:~.2. That the fir?gpnernl oflicwq p i . (
States shall h a t e the rank and d~11~1111m

m g h i t P for the Confederate

1a1 instead of biigadier-

JOURNAL O F THE

[May 14. 1861.

general, which shall be the highest rnilitarp grade known to the Confedcratc
They shall b e assigned to such commands and duties as the President n ~ P a ~
direct, and shall be entitled to the Paine pay and allowances as are pro11
brigadier-generals, and to two aids-de-camp, to be selected as now pro\ itlrcl
tments to the rank of general, after the Army is orgailized, shall be 11
11s from the Army.

Mr. Conrad moved to aniend by striking out the same and substituting therefor $he following:
SEC.2. That whenerer, during the war, a general officer of the Confederate Starcs
and olle or more general officers of a State shall be stationed a t t h e S H I U ~ point or
&all cooperate together, the general officer of the Confederate States shall be entitled
to the command, unless t h e President shall otherwise direct

Mr. Cobb demanded the question: which was s e c o n d td and t h c

motion was lost.
Mr. JVright, at the instance of the Slate of Georgia, cxallcd f o r the
yeits and nays of the entire body thereon; which wcrc tnlicn, and a r c
as follows:
Alabama-Yea: Messrs. Curry, Halt. and Jones. Nay: h1ess1-s.
Mcltae and Shorter.
Florida-Yea: Mr. Owens. Nax: Mr. Ward.
Georgia-Yea: Messrs. Howell Cobb, WrightLand T. R. R. Cobb.
Nag: Rlessrs. Bnrtow, Nisbet, Hill, and Kenan.
Louisiana-Yea: Messrs. I)e Clouet, Conrad, and Xarshall. Nay:
Messrs. Perkins and Sparrow.
Mississippi-Nay : Messrs. Harris, O n , Harrison. and Campbell.
South Carolina-Yea: Messrs. lihett and IGitt. Nay: Nes:srs. I3arnwell, Memminger, Miles, Withers, and Boyce.
Texas-Yea: Messrs. flemphill and Ochiltree. Nay : Messrs. ltmgan and Gregg-.
Virginia- Yea: MY.Bives. Nay : Messrs. Hunter, 13roclrert\)i.oug~~,
and Stitples.
Mr. Cobb riiovcd to amend tho hcction by inserting immediatt.1- yreceding the word gcncral, where it owiirs, in the words bhall hare
, word *major.
the rniili mtl dcnominatiori of p n ~ ~ r a l the
The niotion was lost, and MI.. Cobb, at thc inbtance of the Statc of
Goorgin, rcquircd tho ycas and n:iyb; which a r as
~ follows:
Alabaiiie -Yea: Messrs. Curry, Hale, and ,Jones. Xay : 3lessrs.
Wdkor, McBae, :tiid Shorter.
Florida - Yea: MI.. Owens. Nay: 11111.. Ward.
Georgia-YYea: Messrs. lIowcll Cobb, Nisbet, Wright, and T. H. R.
Cobb. Nay: Mcssrs. h r t o w , IIiI1, and Kenan.
Louisiana: Yea: MessI-s. I k Clonet, Conrad, and Marshall. Xny :
*r, Harrison, and Campbell.
Keitt, and Withers. Xay:
Messrs. 13arnwell, il.lomniin er, Miles, and Boyce.
nxtls--Ye:t: MI-.~ ~ e r n p E i ~~1 .a y Messrs.
:
Iteagan, c; r e p , :Lnd
Och il tree.
Virginia-Yw: MI-. Rives. Kay: Messrs. Hunter, 12rockenbrough,
and Sta les.
Mr. &right moved to htrilie out the section.
The rnotiori was lost.
The eiglilh section being :is follows:
S S ~ .ldlett,

SEC. 8. That until a military school shall be established for the elementary i
tion of otficers for the Arinv, tiw Presidcirt shall k authorized to ztppoint cade
ral States, in number propor tioiied to their representation in the H

223

May 14, 1861.1

Representatives, and ten in addition, to 1

ectcd b y hiui a t large froin the Confederate States, who shall be attached to
mies in service in any brandr of the
Army, as supernnnierary officers, with the rank of cadet, and be competent for promotion a t such time and under such regulations as may be prescribed by the President or hereafter established by law.

On motion of Mr. Bai%ow, the same wa4 amended by inserting after

the words supernunicraq- officers, with the rank of cadet, the words
who shall receive the monthly pay of forty dollars.
The bill as ainended was engrossed, read a third time, and passed.
A message was received from the President that he had approved
and signed
A n act to suspend t h e operations of the mints;
An act to organize further the Bureau of Superintendent of Public
Printing;
An act to authorize the transfer of appropriations;
An act to define the limits of the port of New Orleans, and for
other purposes; and
An act regulating the sale of prizes and the distribution thereof.
On motion of Mr. Withers,
Congress adjourned until 11 07c10cli-tomorrow.
EXECUTIVE SESSION.

The Congrcbs liaving. gono into executive s

communication wab received f roni the President,:

ion, the following

&IONTGO\IERY, &fa$/
14) 1661.
To the Congress of tile Confedercrte 8ates:
I nominate for appointnient in the Army of the Confederate States: Robert E. Lee,
to be brigadier-general; Joseph E. Johnston, to be brigadier-general.
JFFFERSOX DAVIS.

The following communication was also received froin the President:

~ I O S T G O J I E R B ,A1fav14, 1861.
To the Congress of t h e ( b i ! f ~ d c ~ uStales:
te
I nominate 1:ugene E. McLean, late of United State8 Army, to be assifitant quarterma$tcr, with the rank of major, in t h e .4rniy of the Confederate StateF.
JEFFERSON DAVIS.

The question being,

\Irill Congress advise and consent to the nominations above communicatcd !
It was unnniiiioiihly decided in the affirmative.
EXECYJTTVX SESSION.

The Congress having gonc into executive sebsion) the following

coniinunicxtion w a b i w e i vcd f roni the President :
To flw Conyicss of f h c Coi;fe(lmile ,Vciits o j I m r i c a :
J lay befoi Coirgrr$s, for their coiisitleration and action i n relation thereto, copies
of a convention l)c+\i een the Confederste State.. and the State of Tennessee, which
was conclntltd and signed brr the commissioner of both parties a t the city of Nashville, 1311 the i t l i (lay of M a y , ,I. D. 1861) and of the ratification ancl confirmation cf
t h e panic by the general sseenibly of the State of Tennessee.
JEFFERSON DAVIS.
&loXTGOXElll,

LllCf?/
l C 3 ,1861.

Convention b c t n ccii the Statc of Tennessee and the Confederate States of America

The Ftate of Tennccve,looking t o a speedy arlmission into the Confederacy established by the Confectrr ate States of America, in accordance with the Constitution for
t h e Provisional Government of said Statw, cntew into the folloiving temporary convention, agreement, and military league with the Confederate States, for the purpose

JOURNAL 03 THE

224

[ L h Y 15,1861.

of meeting pressing exigencies affecting the common rights, interests, and safety of
said State and said Confederacy:
First. Until the said State shall hccoinc a inember of said Confederacy, according
to the constitutions of botP powers, the hole military force and military opeiations,
offensive and defensive, of said State in the impending conflict Txitl? the Liiitcd
States shall be under the chief control and direction of the President of the Coiifetl, npon the same basis, principles, and footing as if Said 8Stdte mere lioT\r
the interval a member of said Confederacy; w d force, togtther n It11 that
ederate States, to be cinploved for the common defense.
Second. The State of Tennessee will, upon .becoming a inember of said Confederacy, under the permanent Constitution of said Confederate Stateq, if t h e mine s1ii;ll
occur, turn over to said Confederate States all the public property, naval stores, and
munitions of war of which she may then he in possession, acquired from the United
States, on the same terms and in the same nianner as the other States of said Confederacy have done in like cases.
Third. Whatever expenditure of money, if any, the Haid State of Tennessee dial1
make before ?he becomes a member of said Confederacy shall be met and pro~itled
for by the Faid Confederate States.
This convention entert4 into aiitl agreed on in the city of Xashville, Tcnn., on t h e
7th d a y of May, A. I>. 1861, by I l r n ~ yW.IIilliard, the duly authorized conlmissionel. to iwt in f,hc niattrr for the Confederate States, and Gustitrus Ai.Ilcnry,
Architiald M. 0. Totten, and. Washington Barrow, commissioners duly anthorizcd
to act i n like nianner for t h e State of Tennesscc, the whole subject to the approval
and ratification of the proper authorities of both governments, respectively.
I n testimony whereof tho partics aforesaid have hereunto set their hands and seals
the day and year aforesaid in duplicate originals.
[
(Signed)
IIENRY W. HILLIARD,
Commissioner for the Confederate ,Qates 0.f il~nericcc.

Contn~issioner~s
on the part of
Joiiil

I(birii

rc~v)lut~on
raliiging nrid coilfirminan military league mlth the Confederrrlc Slate%

Whereas n niilitary l(wgiw, offrnsive anti defensive, was fornicd on this the 7 t h day
and hetwccn A . W.0. Totten, GustaTus A. Ilcnry, and \Vnuhiiidnii4one.rs on t h e part of the State of Tennessee, and 1. \V. Ililier on t l i c b p u t of the Confedcrate Statcs of America, subject to tlie
hc t \ r o govcwinlentP: Re it therefore
HI.wJ/w~~
1 q tlrc p r i ~ i ~ (It l I I I ~ / ? / o r tlrc A t r l e of Tennrssee, That said league be in a11
rcslwtr ratified ant1 con{ lied, a n d the said general assembly hereby pledges t h e
faith ant1 lionor oC t h c St (x of Tennecscc to a faithful observance of t h e terms and
conditiom of said league
W. 0. WIIITTHOKNE,
(Signrd)
~9pmX.o.qf liie frouse of Rey,i.esent,rfioes.
B. L. STOVALL,
Speaker oj the Sentrte.
ary of state, herchy certify that the foregoing is w true copy
oil filc in niy office.
In t e b t iniony 54 I r c w o t J 1i:tvc tlercunto set my hand and with the \Tarrant of the
governor aflivetl tlie pcat s r + 01 thc Statc at thc department in Kashville on this 8th
day of m y , A 1,. 1Wl.
(Signed)
J. E. It. RAY, ,Yeerelu?y.

On motion, i l i o corriimu~icationwas referred to thc Comrnittec on

Fo rcig 11 11fTili N.
WJI:DNESDRY, MAY 15, 1861.
sli:ssIoN.
Coi~grcssnlet pursn:tnt to adjourninent.
Prsycr w:ts offcrcd by the Rcv. hfr. Simmons.
Mr. Smith oifcrt~itha following: rcmlution; which was agreed to:
O1IX

Keaolved, That thc Committee c ~ i i the ,I utliciary be instructed to report a bill

and organizing courts of the Confederate States for the State of Virginia.

XIrLg

1.5, 1661.1

1'ROVISIONAL CONGRESS.

225

226

JOUENAL OF THE

L.\Iny 15, IRGI.

The resolution mas engrossed, read a third time, and passed.

3Ir. Toombs, froni the same committee, to whit+ was rrfwred
A bill to provide a compensation for the disbursiiig officers of tlie
several Executive Departments,
reported the Same back without amendment with :L rccolnlileiidation
that it do pass.
The bill was engrossed, mad a third time, and passed.
Mr. Hsrris introduced
A bill to amend an act to provide for the apyoiritnieiit of chaplains
to tho Army, approved May 3, 1861;
which was read the first and second times.
Mr. Barnlye11 moved to refer the bill to thc Conmiittee on J1ilit:iry
Affairs.
The motion was lost.
The bill being as follows:
Tlle Congress of ilie Conjedcr.ukSlatra do enact, That so much of the second section
of the above-recited act as fixes the pay of chaplains in the Army at eighty-fivc (101lars be lepaaled, and that the pay of haid chaplains be forty d o l l n r ~per month.

Mr. Hill moved to amend the same by adding thcrcto thc following:
Provided, This act shall not be
made by the Secretary of War.

bo

construed as to apply tu a~,poiiitnientualre~cly

The motion mas lost.

Mr. Stephcns moved to auicnd the samo by striking out the words
be forty dollarh p c x irmnth and adding to thc hectioii the following ;
shall be three hundred dollars per annuin, payablr monthly at that ratcx, besides
which they shall k ) allowed
~
the usual soldiers rations.

Mr. Stephens called the question; which \qTiIh V > U I I I ( ~ C ~ ,zind tlie
motion to amend mas lost.
And Mr. Jones, at, tho insttincc?of the State of itlahalnit. reqnirrti
the y e w and nays of tho Congress; which wore tdmn, and nre :is follows:
Alabania--Yea: i\/lessrs. J$:dk(~r,Smith, Ciiri*yv.Shorter, and Joncs.
Naq: Mr. Chilton.
Elorida---Yea: Mr. Ward. Kay: Xr. Owiin.
Georgia-Yea: Messrs. Tooinbs, Wright, Keiian, and Stophcns.
Nny: Mesum. IIowcll Cobb. Bartow, Nisbct, Hill, a i d 1. it. I<.Cobb.
Louisi:tn:+-Yen: Jlessrs. Kcnncr tirid Marshall. Nay: Mr. Icrkins.
ippi- -Yea: Mr. Harris. Nay: hlcssrs. l3rooko, O n , 13arry.
Harrison, and Campljell.
South Qirolino Yea: Mcssrs. Kritt, \\ithers, and Boyce. Say:
&lebsi*s.Itliett, Barnwell, 31rrnniinger, and. Miles.
Tesns-Pc:i: Messrs. Reagan and Oldhnm. Nay: 11
Gregg, and Ochiltrec.
Virginia---N:iy: Messrs. Hunter, Rives, Broclienbrough, and Staples.
on inotion of hfr. Hemphill, the bill was amended by striking therefrom thc ~ v o r d lorty and iiiscrtino in lieu thereof thc word * fifty.
Tho bill :LA aniendcd was engrossez, rcacl a third time, and pasbed.
Mr. ICenner offcred thc following resoliltion; which mas agreed to,
viz: .
Redolvect, That thc Committcc.on Military Bffairs be directed to inquirc whether
))

i t be not, advisable that Govcrnnient aid with reference to the defense of Louisiaila
and Texas and to niilitaiy purposes genelally in some form 1)c cxtcndcd to the railroad companies that have coinmenced and Dartiallv cwJcuted a line of railroad con-

JOURNAL O F THE

[Map 15,1861.

imue fifty millions of dollars in bonds, payable nt the expiration of twenty years from
their date, and bearing a rate of interest not exceedlng eight per cent per annum
until they become payable, the said inter& to be paid semiannually. The said
bonds, after public advertisement i n three newspapers within the Confederatc States
for six weeks, to b r Fold for specie, military stores, or for the proceeds of sales of
raw produce or manufactured articles to be paid i n the forn? of specie or M ith forpign
bed
bills of exchange in such manner and urider such repulatiorls as rnay be
by the Secretary of the Treasury, with the assent of the.President. But
1 he
1 to
the duty of t h e Secretary of t h e Treasul y to report a t Its next ensuing
the Congrew of the Confederate Statesa preci.se statement of his transxactl
tler
this lavv. Xor shall the said bonds be issued in fractional parts of the hundred, or
be exchanged by t h e said Secretary for Treasury notes, or the notes ot ally bank, corporation, or individual, but only i n the manner herein prescribed: ItSocrtled,That
nothing herein contained shall be so construed as to prevent the Secretary of the
Treasnry from receiving foreign bills of exchange in payment of these bonds.

Section 2 having. been reported, which provided that the bonds bear
six was

per cent interest, on motion of Mr. Withers the word

stricken out aid the word eight inserted in lieu of it.
The third section being as follows:

SEC.3. A n d be i t furtiler ~nctcled,That in lieu of the note5 authoiized b y t h s act

which niay be redeemed, other notes limy be issuvtl within thc. period of ten
aforesaid. Provided, h o u cter, That the amount of such notes outstanding, t
with the stock i n which the said Treasury notes tiii~yh a w been fnntlcd LII
provisions of this act, shall not exceed the suin of twenty rrlillioris of dollars.

On motion of Mr. Mernminger, the same was airiendcd by adding

thereto the following:
But the Secretary of [the] lr?awTy nia upon application of the lioltler of a bond
thiis funded, redeem it by giving in excgknge Treasury notes issuccl under tlit. provis1011s of this act to snch extent as that the entire aiiroiint of notes then iesnetl,
together with the anioiint of t h e bonds in which they may have 1)cen funtlcd, shall
not cxreed t\vcnty iriillions of dollars.
Section ti tieing as follows:
81rc. 6. d n t l he / t j u r t / w mncled, Sliat for the purpose of raising ten iiiillions of dol1:trs within the present calcndar year, antl of proriding for the ultimate recleniption
debt herein anthorized to b e contractcd, the Secretary of the Treasury is hereby
ed to collcct information i n regard to the ~ a l i i eof the property, the rereline
1, a11d the amount collocted tlnring the last %cal year in each oi the Confedorate Htatcs, and to report tli
to Congrem a t its next hebsion, so as to cnable it
to llty B fair, equal, and conv
internal tasatioii for tho pnrpose of

scwiring thc pnyineiit of llze

l x created in such iii:~nnt~r
as niay f
the pledgo of tlic faith of tlic Confe
thc said debt whcn duo.

s i p 1 of tlic debt tlierphy authorized t o

rge the obligatiuri lwrrin cotitractccl by
e~ to pay the principal antl inteiwt of

Mr. IIWI~S
niovcd to :uiicnd tho s:mi(l 1)y iii~t~rting
:it, t h c Iwginniiig
of thr scwtion tho following, vix:
Thilt, in oriter to CLIP^ i~ sam of money lor present eniergencies, a tax of three tloll a r ~on cac*li:nit1 PI ery slsvc in tlic Uonfedt)r:tte
and three dollars on every
plewurc carriage I E levied nnci collected by the
ond&yin October next; anti
that the tliarshals of the several districts of the
erate States be charged H 11 ti
t and collection of said tax and bc authorized to appoint assistants
&?d, That the altlo1illt paid 1)y any person for blaves and carriages shall
be tldtlctetl frwn t ~ l ot11c.r
y
nwesslilcrtt inadc lor the same year.
M v . Harris t h r c o n clainaridcd the question ; which \\as seconded,
and t h o motion was lost.

Mr. Smith moved to amend tho section by inserting after the words
the Secretary of the Treasury is hereby directed to (>ollectinformation in 1.egard to the value of the property the words, 1 iz: and the
annual inoctnie f1.o111property, including money, discrilninatirlg between
tho dosoriptions of property. 7

The question being,

Will the Congress advise and consent [to] tho resolixtion Z
It was unanimously decided in the affirmative.

230

JOTJKNAL OF THE

TISURSDAW, NAY16, lS61.

JOURNAL OF Tali?

r. Ochiltree lnoyed t o amend thc bill b>+additional scction, a\

follows:
That in every instance where a n applicant for a patent iintler the 11101 iiion.: ot
this act shall make oath that tie is b y reason of his poverty unable to 1)ay the Piinis
of molley required to be paid as fees, then he shall be entitlcd to al! the Ijtnefits of
this act in like manner as though he had paid the m n e .

The motion wtts lost.

The thirty-second section being :LS folloKs:
SEC.32. And be itfurther mnctd, That the oath required for applicants for patcnts
lnay be taken Then the applicant is not, for t h e time being, residing i n the Confetl
or con>mrieratc states before any minister plenipotcntiary, char& clnffaires,COIICU~,
cia1 agent tlolding commission under the Government of the Confcderutr Statcxi, or
beforc any notary public of the foreign country in which such applitant m n ~ 1x1

611 Inotion of Mr. Cobh, th

thc following:

amr

XI.:

atniendrti hy nddiiig tiicli*rto

Prolsicf&, Such foreign State Fjhall l i a P~ irc*opiimd the inclepcnclc~itt > i t 1 t hc (oiifederatc States :mtl shall be a1 t h e tilue in aiiiity T\ it11 thcw.
rhc t Iiirty-fourth section being a\ f o l l o ~ s :
Scc. 34. nntd be i t fiirtfrc,*enacted, That froin all jndgmc~ntsand decreei: ol m y
trict court rendered i n aiiy action, suit, controrcrsy, or (ape at Itiw or i n t ~ ~ r i i at y
ing untler an law o f tkiv Confedcrate States graritiiig o r ronfirniing to itutlior~
0xclusive riglt to tlicir inventions or clisroxeiies a rit of eiror or appeal, :is tlrr r:w
may require, shall lir, at the inhtar1c.e of either pal ty, to the Ruprtwie Coni t ol tlic
Confedvrate States in the mile iiiaiiner and nnder t h e same circuinstanccs as i t no^
pro\ideil b y l a w in other judgments and (1
f snch district courtsnithont ~ c g a i t i
to tlio s i q n or ~ a l n ien controversy i n thc

On iiiotion of Mr. Brooke, the sainc W R S anieridcd by striking out

the word autliors, whore it, occiiri, arid inserting in licii thercwf tlie
worcls iiivcntors and discoverers."
Mr. h i t h iiiovtd further to :uiiend t h e section by s t d < i i i gorit, tlw
words without rcg:ird to t h o siini or valiie in conti*o\Ter,y in the
action.
Tho motion was lost.
The thirt,y-swcnth section heing:
That the f ) i d ~ r yof l h c Coniiniwiorrcv of latcmtq, from ancl altw t l i c x I
thitr [act] slid1 be

On rnotion of MI.. I h o l w , t , h ~saint w t s :meridcd 11y lilliiig

blank with :uid adding :it thc cwd of t h o section thc following:
tlirco thousand doll
1:ws per annuni; th
annorn, aiid that of
dollars per anntirri.

i11rt

tli:Lt ~l tlie (4iicf lcrk, ciplitecn huiitlicti ctol

1 oxaininc.r of patentp, +hteen huntlrcd tlollars per
ilarly employed recorder or other clwk, on61 t t i o u ~ n n d
11n11113;

The tliir.t~-oightbswtion being a\ follows:

. 38. . I l r t ?

itfrrrtltrr o~ccctetl, That tlic Coiniiiissioitrr of Iatcwts is nuthori

icantn, or whew not reinored by them to other1
longing to rejected applications :is lrc, shall not th
S:~IIICaiithority is alro given in iclation to d I niodtslr
designs. IIe i.i further arithorieed to dihpense i n
WII the tiesign enn be siifficieiitly represented i)y a

On motion of MP. Brooke, thc samr was amended lq- inserting after
the word desig1~~
the words and inventions, anti inserting after
the word design the ~ivords * or inlwntion, and hy strikirlg oLlt the
Words i l l

flltllre.

The section

iib

aincndcd i \ :is follon-:,:

SEC.38. rl,icZ be i t jurihcr eizucted, That tlie Comniissioner of Patent4 iq authorized

to iestoie to the respcctivc applicank, or when not reiiiored by tlieiii to otherwise
dispose of, such of the niodels belonging to rejected applications as lie shall not think
o
iii relation to all inodels
necessary to be preserved. The s:me authority iq n l ~ given
accompanying applications for designs and inventions. Ilc is further authorized to
dispense with niodels of designs when t h e design or invention can be sufficie~itly
rcpresented by a drawing.

The pi-oviso of thc forty-second section being sty follows:

P r o z J u d , That thr fee to 1)e lmid iii ~ i c application
h
shall be for the terin of three
ypzir, and p i \ inoiitliq, ten dollni-; tor ~cveiij (lam, fifteen tlollar~;ant1 for fourteen
ycui $, thirty tlol lari.

OK)motion of Mr. 13rooke, the stmic w:L.~

amended by striking out
tlic word .thirty : ~ n dinsrrtitig in lieu thereof t h o mord twenty.
Ihr? following lteiiig n portion of the fiftieth section:
SIT. 50. d d hi> ~ / j m b hp?icictctl, That all ~ d ~ nheretofore
t s
granted and issued by
the Uiiitetl States to ally pcrsoii or persons now a citizen or citizciis of eitlirr of the
States of this Confederacv, or iiov held by asqigniiimt by any such citizen or citiAens,
shall continne i n form f & I h c trrni for 11Iricli they were i s s u ~yet
l miexpired, and if
assigned iu part only to any citizen oi this Confederacy, shall continne in force for
itcd Slates piior to t l i c twentieth
such ptrt. Ant1 ,211 patciitr grtiiitcti 1
d a y ot Ucceiiibcr, crglitc~erilintitlrctl 2
in? )JiY soil or pc~rwirsother than
n citiicn or citimis oL thiy Coiifder:u
11 ( J V i i c t l Xi)- any 511ch citizen, iii
I\ 1 1 o l c b or i n ixii t, sIr<ill 1x1 i i i ioicc f o i
crl t v i i n froin the tiriie n h e n the
0 1 c b r n i i w i i t b to \\ lricli vie l i perwii or p~~~;oiis
may owc allegiance
n i i l i arill I t.cognim tlie intiepcndencc and sovereignty of this Con(/, r1i:tt pntciits pi o~icled or iii this scrtion 6hall be rccortled, etc
0 1 1 iiiotiim of 311..Nishct, tlic s:~mcwas ariiendecl by inserting after
tlia woid C o n f e d ~ r a ( ~whme
~ , i t first occur\. the words o r of the
Stateh of S o r t h (ai-oliixi, Tcnnc
,or drknnsas, and inserting aftcr
llic wold Confcdcracy, whcr
cxt OCCLIW, ihc m ~ o r d(
~o r of the

Mr. Sniitli inovcd to :nncnd k)y striking out thc followitrg wo~*(Is,
]Tie:
Ant1 n l l patciits granted b y thc wit1 TJnitecl Sti~1t.qpiior to thc t v cntirtli day of 1)cccinrightccn liuiicirctl and sixty, to itny poi.;oii o i pcrsoiis ot1it.r tlim a citizen or citiof thir Conftdrmcy iinil riot i x i ~CJ\\ iirtl 1)ym y siicli ( iti~cii,in n hole or in part,
1 he i n f o r i ~foi their uiicxpirt.d t e i i n J r o i n t h e time lie1
governiiirrils to M hi(-Ii sncli prisoii or peimns nray owe tallcgiaiic
u itli mid ~ccwgiii/c~
tltc i n i l c p ~ ~ n t i e r ei t anid , ~ o \ ~ i i ~ i gofn thi.
i y Coiifrclcrxc~j

Slr. 13ai~ynio\-cd to :uiit>litl tlic :uiicirtliiicnt offci*c~clI)y XJr. Smith

xnd to ~wifcctI h c ioctiori I)y \trikitig. out the. f o l l o w i ~ wolds,
i~
viz:
IOL
i l r t 11
)

tlic tiiiit wtrt.n tliv gorc~i

or lirr~oii+iii:i\ n\\ alli~gaiicc.$Ii:i11

i i i w i i ) i i ( v l tc\t i i i i m i i

71 l i i i 11 siu-11l)oisiw

(1

A i l t i i~iwrtiiigin licn thci.c.ot t hc wortlk o f tin iorc~.

Cotllcdcratc stat(>\.
Ec>ndinl,rwhicbli motion,
0 1 1 rllolion of ,111.. Iooluh,. c:on
mcnt into m x c t stwioii: :md
aftcr rciiniiiitig \oiiic tiilia t l i c . 1 ~
iouriiecl iuitil 11 oclock lomorro\\.
h I<C T W F
on *

Congws.: having vcsolrcd itsclf iii swwt

On tnotion o f 311.. Toonib,. thc ip,cc.i:tl order was postponed for the
time; and
MI-. Tooiiih. f i * o i u tlia Coniniittee on Fin:inccJ, lo N hich w t i b 1 ccoiii-

rr,ittcd

JOURNAL OF THE

234

[May 16, IdGI.

A bill to provide revenue from commodities imported from foreign

countries?
reported the same back with modifications and recommended its passage.
The bill retains its place on the Calendar.
Mr. Tooinbs, froin the same committce, reported
A bill making appropriations for the legislative and executive
expenses of C;o.crernment for the year ending February 18,1862;
which was read the first and second times, ordered to be placed on the
Calendsr, and to be printed.
Mr. Toouibv also reported
A bill making appropriations for Lhe support o f the S a v y for thc
year ending Pckxuary 18, 1862;
which was w a d n first and second time and placed on thc Calrndar.
Mr. Toornhs, from tho snnie twnmittec, also reported
A 1)ill making :ippmpriatioiis l o supply deficiencies i n the revenuc.
of the Post-Offi(~e
I ) c p ~ ~ t n i e rfor
i t thc yc:w ending February 18, 1862;
.ivhich waq wad thc first and
ond tiiiiw, ordered to he placed on the
Calendai., and to he piinted.
Mr. Toombs also iiiadc the following rcport:
The Committee on .Finance, to whom were referred the rcport of the Coiuinittee
on Government Buildings and the contracts of lrase entered into for the saii~e?,
ant1
alFo eertain accounts for articles of furnitnrc provided for the Executive Mansion and
the executive built lings and ior work donc upon t h e exccutire buildings, report
that they ham esamincd paid contracTs autl recommend that they be approved arid
that the contracts of leaso be filcil iii the ofticc ot the Secretary of the Treasury.

~ r Wit1icr.s
.
oacrc(1 tlie following niricndinrrit to tlie report:
IZesoEued, That in considciation of t h e follotving c.lansc. of i l i r b Imvisional Constitution of tho Confcderattc Stat
lor Ins servi(-e>(luring the period of
The Yresictcnt shall R t

tho Provisional ( iovcrrinici

dollars per annuni; : t i i d lit. s11:ilI not i ( w i \
from this Confcdcmcy or any of tlic Pt:itc.s tl
That so much of the report of the coninri
pay for furniture purchased for ( t i t , we of t h

t the rate ot twcJnty-five thousand

(A

She report : ~ n dtlic :titic~ndrnc~nt

TVV(W o r d ~ r c dto 1x1 pl:icc~lon thr
CalendaI.
Mr. Smith, from ttir Con)tnit 011 ,Jiidiciwj-, to which w n b referred
A iwolutioii to ndniit wrtnin
tw hy proclaiiixtion of thc Prcsitlellt,
repor tctl
A I d 1 for tlw :dinission o i tiny slavcholding State now 01 lately :i
nicinhcr o f t h c Initccl Sttitvs into the Coirfct1er:~teStates of A41ne1*iCt1;
which \c:is I Y W ~ :L f i r h f :itit1 .;rcond titric.
Mr. Stcpii(>t\so f Y ~ l ~:ISd t~ suhhtitntr therefor the following, viz:
A hill to admit t h Slntr of Xoith (arolina into the Confcderaejf on
t i cwtain coldition.
I(
1 Iic prc)viso of tlw bill wporttd 1)) thc vominittcr being :i\ follon h:
S
t

a(t

ShitIL 0111) :tpl)Ly to : U I ~s ad i State taking sncli steps for,

irovi~iou:i~( ;o\ rniirwiit of the Coiife.der,zt(>Stales (luring a

MY. Cohb, tho si~m(\ \ a h striclccln out.

rho SilbStitiilc \\:~hthen :idoptc:d i n lieu of tile bill reported })y the,
ooinnlittcth, : ~ t W:LS
l
cwgimsed mid w.nd a third t,imc and passed; tllp

May 16, ISC;l.]

PROVISIONAL CONGRESS.

235

May 17, 1861.1

PBOVISIONAL COIYCfXEBS.

2 37

On motion of Xr. Cobh, they were ordered to Itc entcred at large

on the Joartinl, and are :is follon~s:

SIR: Herenith 1 beg lea\e to submit to you the report ant1 rtwliitions adol)ied by
the Southern Baptist Convention, 011 Vontlay, 13th instant.
I ain inqtructetl to reqriwt you to lay this document before tlie honorable body
over whic.1~yon preside.
Very respectfully, your obedicnt servant,
ASfriio~.N w cttcfy

JVN. CARET CRANE,

Baptist Cortverction.

OJ ~ I ISouthern
P

lk poic 0 1 ~ ~ i ~ i ~ i OIL
i t lf cl ieh~t l i l e of the comitr!.

We hold this truth to be Pelt-evident-that go\ ernnients are t.stablishetl for the
security, prosperity, aiid happinws o f tlic people. When, therefore, m y govermnent
is perverted from its proper design, becomes oppressive, aiid abuses its power, the
peoplc have a right to change it.
As to the States once combined upon this continent, it is now manifest that they
can no longer live together i n one confetleracy The Union constitoted by our forrfathers was one of coequal, sovereign Ptattp The fanatical spirit of the Korth has
long been seeking to deprive 11s of riph
i d franchisrs guaraiitecd b y the Constitution, and after years of peisisttiit apg
on they 1im v at last accoiiiplislied their
1 igliis :111(1 lioiicii, i n w l ~ - ~ l ~ ~
:tiit1
i ~ for
~ nthe
~ e ,proiclii~atioiioi tlic,ir ~,ic*ic(l
)i all \\ 1ric.h i\ tlc,it t o iiiiiii, thc Sotitliein Wttvs Iia\(>practically ahsertecl the
111 that c~tahlishrtlInrthe Consticrimelit b a w l ripon the principles
secures to each Rtate its sovereign

icr Imlitical cmnc,c.tioiis, becks to

late conledrrates i i n i i \kith all tlie
to \\ashiiigtoii with ovcrtiires for
peacc1 ant1 for a fair, ai~iioal)le
atljnstment o f all diflicwlties.
Thc Go\ c~riirric~iit
at \\abliiiigton lias insultingly I i~pelletlthew rettsona1)lu propods
ant1 now iiisiPts upoii tlcvastatlrig our land mitli fire and ~ w o i d ,1 1 p o n lrtting loose
h o r d ( ~of ariiied soltliery to pillage and clrscili~~v
tlrr cntiio South, f o i tlics ~ ~ u r p o of
se
forcing the sceecletl Staleh bnck iiitu unnatuial union o r of hnbjugyting tliciii and
holding tlieiii a y conquered province-.
IVIiile the t n o sectioiiu of tlie land :LIV tlim ai~atyedagaiiit each otlwr, it might
naturally ha\e been hopwl t h t at hd-t tiic ~ l i n r c h c ot
~ s the xortil woltld interpose
and protest against thiq appeal to the P N ortl, tlrir invokiiigok civil \\ ar, this deluging
the \I hole land in fratricidal bloo(1; 1)rit\\ it11 : i s t ~ ~ i i ~ l i r iandgrief
i ~ ~ i i t w (x lint1 c.lrnrches
hing 011 t rlaughtcr ant1 c.liuiioiiiig tor sangiiiiiary
11 \\c \\ oulit 1r:ive siipporett i i i i p o ~ ~ i l ~
among
lc
the
I
icu of w c ~ l iprt.ririxq t i l l < c * o i i \ ~ c ~ i i t i ocaii
ii
iiot kcv11s i l ~ w c
necessity tliat the \ \ ~ l ~ onli(o~i n i iri~lncmc of the 1j(Lopit,, in
01 ganimtioii, sl i o i i l t l I N > c s i i l i
~.:illeCI to ticfcntl ihc. c ~ i i t l a n
liherty, it is bonntl to u t t r r
conimitte.r 1 ecomiiic~iicl,llic
(1) IFZcerl, That i n i p a ~ti:rl history can not charge u p o n the Soutli 1 1 1 tlibtolution
~
tlint Union. To that
of the L nion. She \\a\ forc1iiio.t in ad\.ocnting and vc~tiit~ntitig
irougli long y a r i ol (aluriiiij , iiijnry, ant1 iiiiuit. She has nwer
11a1 iring 2iiJpe:dS against t t i t ~
i m n t i r i w i \+hich lias o1)htiiiatelyand
againit that Inion.
(2) Keboi, t i / , That \\ e rriokt cordially :ippro\ c of tlie iornlation of tlie Goveriiinent
of t h e Coiifctl(~rateBtatos of An~erica,and aclmire and applaud the noble course
ot that Govemnreiit 1113 to tiic presciit tinie
( 3 ) Rmlvcd, That
wilt assiduously invoke the Illvine tliiection ant1 favor in
behalf of thow ho hear rule among 118, that they may *ti11 rxei(m? Ihc aarrie wise,
prompt, elemttd btatrsmaiiship which h a p h i h e r t o chaiacterided theii incasures;
that their enterprises iriay be attended I\ itli m u e s , and that they rnay attain a great
reward, not only in seeing these Confednate States prosper under their adiuinistra-

238

JOURNAL O F T E E

[May 17, IPRI.

tion, but in contributing to t h e progress of the transcendent kingtloiii of our I,ord

Jesus Christ.
(4) Resolved, That we most cordially tender to the President of the Coiileclerate
States, to his Cabinet, and to t h e members of theCongress now conrcnctl at Nontcromerv the assurances of our svnipathv
\Titfi ttieiir arc our
and entire confidence.
&eartadandhearty cooperation.
(5) Resolwd, That the lawless reign of terror at the Eorth, thi. violciice co1rnnitted
upon unoffending citizens, above all the threats uttered to nage up011 the Poutli a
warfare of savage barbaritv, to devastate our homes and hearths ~ l t l iIioqts ot rtitfians and felons burning &th lust and rapine, ought to excite the horror ot all ci\ ilized people. God forbid that we Phould so far forget the spirit of Jcsiis as to suffcr
malice and vindiutiveness to insinuate themselves into our hearts, b u t evcrp princ5ple of religion, of patriotism, of hiutianity calls upon its to pledge our fortunes and
lives in the good work of repelling an invasion designed to destroy \\hatc.rcr is dear
i n our heroic traditions, ivliateiw is sweet in our donieetic. hopes :tlid eujopieuts,
whatever is essential to our institutions and our very mmliood, v hatci er is ivoi th
living or dying for.
( 6 ) ~ ~ ~ s o l t That
~ e d , we (lo now engage in prayer. for oiir friends, brother*, fatherb,
sons, and citizen soldiers ~ ~ have
h o leit their honic> to go forth for the clefenuc ot
their families and fireside.i and all \\liich is tlcaicst to the hunian lieart, and N P
recommend to the churchet i c y ) i went i n this body that they const:tntly invoke a
I l i o i n tlie teiiiptatioas to ivhiclr tlicy arc:
I

belong.
( 8 ) Resolwd, And
ilo licnrrbby recoirimcncl to the churches of the Baptist
clenornination in the Ponthern Statcs to observe the 1st day ot June as a dar of
wc(1

war of the Revolution and i n the w t r 01 1812 the 13aptists bated no jot 01 heart or
ho >efor t h e Maiealners ~itnsc. Their zcal and liberality abonntlcd i n tlicir tlccpebt
adictions. W e beseech the chnrclica t o clicrish thc spirit and imitate the cxauiple
of this noble army ol stlink an[l herow;
111 I\ ho through faith
and patience inherit t l pwinise.;
~
to
alwitys :t\)oiindilig ill
the work of the Lord, forasriindi :is they
is riot iii laill in the

Lorti.

(10) Kmolvetl, Tlral thew r v h o l i i ( i o i i h

Coiilederatc Silxtcs at Xotitgoiiitr~,\I
rqturies of the conventioii.
RICfTAItD FULLIW, 31itn l i t i i l l ,
IL\PIl, A1 ANLY, hlal)aii~a,
.rA%lbx 8. TBYLOIZ, Vir$iiia,
J . L. PRITCIIBRD, Korth Carolina,
C. T. JVINICLER, Soath ~ d ~ d l I l > L , P. 11. AiELL, Georgia,
1,. I\. Al,LI+~X,K e l l i u c k ~ ~ ,
12. 1%.C. HOlVELI,, Te1111e
\VN. CX1iE:Y CRANE, h i i s i m ~ i , tJ.IYIl<S E. BliOOME, Flol
U . 11. MBltTIN, RIisuissil)pi,

A tn1o ~ p y , i d ( l I ) t c d JIay IS, 18tij, a1 the city o f Savannali, (;zt.

WM. (>AltEY

BICilAItD FULLER,

C o i l i i n ctlee.

P i u.srdent.

CItANJ;,

(fIXJ.R. T A l I . O I (

Mr. Oohiltree prescritcd n momoi.i:tl rclntive to the Texas nnd New

OrlettnsRailroildConi any, petitioning For aid, etc. ; which was referred
to tile cornmittec! on Gilittry hifairs.

PH.OVIbIONAIA CONC+RESS.

S l a y 17, l8bl ]

939

Xr. Conrad resented ii cl:tiin in l u or

~ of J:icoI) 13:irlrer against tlie
Vnited State> kovcrrmcnt; which waq r&.m*ed to the Corriniittec on
C1:tirns.

N r . Conrad iiitroduced

A bill to exempt froni duty ( crtaitr mr- purchased by thc New

Orleans and Carrollton Railroad l lo nip an,^ :hiid the X~tlwOrleans City
Itnilroad Co~~ipaiiy
;
which, together with certain p:ipt~r\froin thtl \itid wilroad companies.
was referred to the Cointnittct. on Finance.
Congress then proceeded t o t h e considrlation of' thc unfiriished hihines'.. r i z :
X hill tlo establish R patent oflicoe, itrid to provide for tho granting and
issLianw of patents f o r iiew :tiid uscfiil di,scowrics, inventions. improvcnients, and designs.
The question pending ti1 the acljournnicti t j-csterday, on the motion
of Mr. Barry to strike out a n d insert, the s:me was lost.
The question then recurring on thc itiotioii of Xr. Smith t o iimend
I ) j r striking out, tho s a i m was agreed to.
On motion of A h . Withers. the section \\':is ftwthor :~rnendcd by
adding at the eiid of the firhl scnteou.; tlw following: " I'rotfid~.d,
rl'hat] such assignn~entwis iii:~dc prior t o tlic fourth of Fcbrnmry,
eiglitcc>ti 1iiind1-rd:ind hixty-one."
011
jnotioii of Xr. 13r00l<c, t h o section w~L'. f w t h c r X I ~ C I I
: ~ tlit:
t elid o f tlic ao~cndnicnl,adopted on tlic iiiotioii of
the followii I g :
/'wziitL t?, [That] nothing c.ctntained in this act shall he coiistriicd to 1 w o g n i x any
rrnewal of a p t e n t I y the Cnitrd Statrs licr&fore made.

O n iitotion of Mr. Brooke, t h c section WRS also aiiicndod by iiiscrting stftcr the word "patents," wlien it first occ~irsin the last proviso,
the word\ '. or tlic deed o f a.isigiirncntj therefor.''
11 as amended is as follows:
granted and isuetl by the
tizcns ot either of the
Tcririessco, or Arkaiisa
,en or citiznq, shall c'ontinuc in iorcc I

United States to any person

'r of this L'onfedciacy, or of
now held b y asuignmeiit by
re tcrm for wfncti they were

ciepo-itetl in sm<lotlicc *I

dollars, for the 11.e of the patcnt fnnd: uiiles such pattnts ale SO filed for record,
n it11 such drau ings or modcle as afore>aicl, \\ itliin nine niontlis from the date of publitation of$his a c t , t h e y fihall he coiisideretl as a1)andoncdand rhall be null a i d voitl
Arid it shall be t h e dutv of the CommioQioiierto indorse on each patent so filed for
record the date ot such filing, and also a certificate m d e r the seal of his o f i w that
said patent has been recorded, which ccrtificate shall hc. evidence of t h e fact i n any
court of justive, whether of the State or of the Confdcracy, and o the rights of the
owner thereof to uce sai(1patent, and such patents Pliall, alter they are recorded, be
returned to the owner fhcrcW'

The last section of thc bill being a\ follo\vs:

That if any citizen of thii Confederacy should at tlie claw 01 thc, war now existing
between this Confederacy and the United Stater of 4meric.n be in the use or exercise
of any patent rights belonging in whole or in part to a n alien enemy or enemies, or

[3Iny 17, 1861.

engaged in the manufacture of any article or fabric by niachinur~~

or (.omposition
covered and protected by any such rights, such citizen or citizens shall tiare the right
to continue such m e and manufacture notwithstamding such patent iiiay be recorctctl
as hereinbefore provided for: Provided, That the citizens of the slaveholding States
of the TTnited States shall not be considered as alien enemies within the Itleaning of
this act so long i h ~their respective States shall refuse to assist haid United States in
its war against this Confederacy with troops, provisions, or munitions of war; and
any citizen of any such slaveholding States desiring to a\ail liiirisclf of the J J I ~ ilzges
\
of this act during said war shall, with his application, file an affidavit or ktatelneiit
in writing, under oath, admitting the independence of this Confederacy aiid disclaiming all sympathy with t h e said United States in their war aforesaid.

On motion of Mr. Brooke, tht. same was stricken out.

On nlotion of Rlr. Broalm, at ttia instance of the State of Aiisiis4ppj.
the vote by wliich the thirty-acvcnth section, on his tilotion, was
amended was reconsidered.
Mr. Brooke thcli modified hi!, anicndrncnt h o a* to m:tkc thc ha1:trics
of examiners !@,,OOO instead of $1,800 1 ) ~1111nu1~1.
r
And thc :irncndnicnt :is rriodiiicd was :~grrccdto.
Mr. I-leIriphill, for t h c Stttto of Texas, moi-cd to rccoiihid~rtlio \-otc.
by which his aiotioii to arrieiid tlic thirteenth section on yebtcrdaj- i v a s
lost, and thereon Mr. Halt demanded t h e question.
The dcinarid WLY sustained, and the motion to rwonsider pr(vailccl.
The question bcing on the motion oE Mr. IIcrnphill to htrilic out, 1)y
tinanirrioiis curiselit tho motion to strike out W:LY YO modified as t o
include t h e whole section.
hlr. IIde denlanded t h o tlucstion; which wx>hoc~~ided.
and the seetiori was stricken out;
And 3Ir. Milns, at tho in~t:iuccof tho Stalc of South C:woliii:i,
required the y(tts i ~ t i dnttys uf tho cntirc hody ; which iwrc tRircn, :mtl
recorded as follows:
i\_lab:tIlla--Yea:
1s. Smith, ( h r i y , Chiltoii. tlalc, McB:ie,
Shorter, arid ,Jonrs.
FIorid:~--Y~~ii:
M
. Xlorto11 :n1d O \ W I l h . N : y : A i r . WiLrd.
Gcorgi:i-Yv:i: ,\Iosurs. ISarto\v, ( h ~ f o i d IYriglit,
,
7. It. It. Cobl,,
and Stephens. Ni~y:hLcsqrs. Ilowcll C h t ) b , Nibhcl, Hill, ant1 Keilaii.
I,ouisitLnn---Yci~: I2Icr;hrs. lc~rliins, Dc Clolict, Conrad. ICenoer,
Spnrrow, mid 3hrsh:Lll.
Mississippi-Nny : AI(wrs. I 1:wrih. Ilrctokc~, Orr, Ihrriboti, and
Cunpbcll.
South Chroliiia - Lrt::~: Mchs1.s. Klit.tt, 13:i~x~vell.Kcitt, Chcmut,
Il\iIciluniiiger, Rlilcs Withers, and 130
lCX:LS---Yt!it: nr
liwpn, lirmphill, ( h ~ g g ,Oldl~:mi, : ~ n d
Ochiltrw .
Virgitii:~- Ycti: RIchsrh. IIiiiit(>r,IZivoh, and Staples.
Mr. cJotws, 101. tho St;ttv of A 1 : i h ~ i i : ~~iiovccl
.
to rwon-;id(~r111~.\ otc.
wliic*li tho tliirly.,sccoiid sectioii, on niotion of MI.. W ) h , \VW$
13s.

MY. I3rookt) t h ~ ~ o tl~111andcd

11
tho ([tic ion: which w i h ~ecoridctl,
and
t h motion t o I-econsitlri-was lost.
I 3
Lhe t.cvc~nty-cig*htli
hcction, which w:~si ~ i f o i * ~ i ~passed
l I y over, and
which IWLSrepo~*tccl
:LH follows:
Sw. 28. h t l bf2 tt.liw/lw mnctetl, That no p(woii shall hc debarred from rccciviiig
for any itivention or tliscovcry, as provitled in this act, by roason of tliv
~ m n ehavillg been patentcrl in lowign (winti y niorc than six months prior to his
application: Jrovidetl, That the saine &iall not hat o been introduced into pnl)lic.
and COn3fnOIlllSC ill the Cotlfedcrate States prior to the application for such ydtent:
.*lndprolrided also, That in all cases every ~ticlipatent shall be limited to the term of
fourteen yews from the date of publication of such foreign letters patent.
~ t latt(311l
.

Nay 17, 1861 ]

PRO\IBIONAL

241

CONGRESS.

On motion of J h . Cobb, tho same was btricken out and t h e following inserted in lieu thereof, to wit:
MI app1ic:ttioiis by alieiis to obtain patents for inven
b mliich h a m already
iiioiithF froiri the date
been patentcll iii foreign countries shall be iiiadc mithiii
of such ioreign letters patent. Kor shall letters patent be prmted to aiiy alien whose
goveniinent is at 11 ar 11it11 the Confederate States.

On niotioii of Xr. Hcniphill, the bill wai amcndcd hy tho following

additional section, viz:
Be it fuitiier entrcted, That in caw the original in\ eritnr or discoverer of the art,
mac.hine, or iiiiprm einerit for which a patent i 5 solicited is a ..lave, the inaster of such
pla\c niay take an oath t h a t the +aid &la\e \\a5 t h c oiigiiial inventor, and 011 cornplyiiig \<itti the rcqtiieites of the lan shall icc.rirt> a patent for said cliscovery or
in) entioil and have d l tlw rights to 11hich x Inteiitec is entitled by IAW.

On riiotioii o f M r . Brooke. the Eolloniiig was ncloptcd

/u,-tireT r,tat(ed,

its

the last

That this hct bhxll take effect mid he i n force froin and after

its pamge.

rhc bill :is micnded was t h n q p o s s c d , read a third time, and

passed.
Congrehs then wcrd into secret scssioii; mid itftcr remaining some
~
tirile therein, adjourned until 11 O C ~ O Cto-illorrow.

Congrcss h:ii-ing resol~-cditself i i i secret musioii,

A. mc,ss?gc
.
was received from the President that Iic liad approved

JOURNAL O F THE

[May 18, 1861.

ered the following resolution; which was agreed to, viz:

cy +hall be removed from all acts q n e d by

nined to this House, unless the House deter-

c consideration of tlic })ill for tlic pro: i d on motion of X u . Kcitt the

ing additional sections. L i z :

tions.

further erzucfed, That the C'onr'etlcrate

duty and obligation of collecting and paying over a z tr
tribes now located in the Indian Territory sniith of
accruing, whether fro
Confederacy now helc
Indians or any of the
over to said Indians o
with the sereral trcatics and contracts now (:xisting brtweeii s t i d Inclian~and tlir
Government of the United Rtatcs.
SEC.7. That tlic seveial States of this ('onfcdoracy bii requcstcd to l)io\ itlc by legislation or otherwise that the. capital slid iriterwt of the bonds iwiecl b y tlic~ni
res ectively, and lielil by the Governincnt of the T'iiitctl States in t r n d for Faid
I&ana, or any of them, shall not be paid to saitl Govrrnnient of the lriiitrd States,
but shall be paid to this Government in trust for mid Indians.
SEC.8. That it shall be the duty of the Commissioner of Indian Affairs to obtain
and publish, at as early a period as practicable, a list of all the bonds of the several
States of this Confederacy now held in trust by the Government of thc United States
as aforesaid, and to give notice in said publication that the capital and interest of
said bonds are to be paid to this Goveriiment and to no other holtler thereof whatevcr.

The hill

as xtncnded was

engrossed, read :L third tiinc, and passed.

introduccd
A I d 1 to cliange tho scat of go\-eromciit;
whiali JVitS TO:^ the first and secoiid tirues atid piilctd on the Calendar.
ONmotion of Mr. Witlici*h,
Congrcsb :ul~journedirntil L 1 o ' c * l o c * k to-irlorrow.

Mr. Conrad

246

JOURNAL OF THE

[May 18,9861.

Mr. Toombs, from the Committee on Finance, to mhich mas referred

A bill making appropriations in addition to those already m:ide for
the military service of the Confederate States of Aiiierica for the Bycal year ending the 18th of Eebrusry, 1862,
reported the same back without slmendnlents and recommended its
passage.
Mr. Withers moved to have the hill printed.

May lS, 1861 .]

PROVISIONAL CONOXESB.

247
/-

reported the same bnck v i th nnicnclmrnt~and nsked that the amendments he printed; which T T ~ Sagreed to.
Mr. Bartow. from the Committee on Military Affairs, reported
A bill concerning ttic trmsportation of soldiers and nllowances for
clothing ot \ oluntcers :hiid anicxndatory of the act for the establishment
and orpsnizntion of t l i c Artily of the Confederate Slates;
which mas r e d t h e tirst silt1 second times, engrossed, read a third time,
arid passed.
SJr. Barkow, from thc Cornrnittec on Nilitary Affairs, reported
A bill to :tutliorizc the Pre>idenl to cmplog t h e Army in the border
d a r e States nndcr crrtain circriuislnnces;
which was rend thc first and second times, engrossed, read a third time,
wnd passed.
The following ordinance as takeii up, vie:
Ile < tortEahv7 1 , :he
~ CbLgless of Ilie Confedexlie Stales 01h z e n c a , That the second
paragraph of the first section of the third article of the Constitution of the Confederate States of Illlierim be so :mended, in t h e first line of said paragraph, as to read:
each Statc. shall, until otllermise cnacted by law, constltute a district, and in the
sixth linc, aim the word judge, add I or judges;

which was t3iig~os~,cd.

rcnil i i third iimc, and p:Lss:Cd, the States voting
as follo\Ts:
(ieorgitL, lmiisinna, Blibsissippi,
Yc:t: Al:LIml& ~ ~ l ~ l < : l l l
Sou 111 Cni-ol i ria, Ic.~:t.:. :
Corlgi*c>bprocc~rdcdlo the eon-idcratio11 o f
ui c coypiglit:: to authoi*srind composers.
hlr. IerLIn, ino\ (4t o 1;~ytlie l)iIl oil thc table.
rhc niotio:i W R I ~d .
llic bill WV:IS c n g i m + d read a third time, arid passed.
?,Ir. Staples iutroducecl
R bill to estnblkli thc judicial vourts o f the Confederate States of
Ameriw it1 thc St:tte of Yirginia;
which w a s Y e i i d the fir4 and second timca a n d i*cfcrredto the ComP

etl to thc coiisiderntioii of

A l)ill n~:ikiiig appropriations for tlic 1cgisl:itirc and executive
e\pcnscs of ( ; o \ ~ i ~ i m c nfor
t tho ycaz ending 18th of Fchrunry, 186%.
311..
\litheis moved to amend the same by htrikjng out thc following
v ords, to 1% it: ..For furniturc f o r E;secutiw ;\Iwnhion. nine hundred
nnd cightj--scmii doll22rs nnd fifty (2,cnts.
On thc yucstion of : r g i ~ ~ i to
n gthe aniendinent, 311..Withers, at the
instance of the State ot Mabanin, demanded tlritl ym:, and iiay;i of the
entire hotly; which wcrc recorded as follows:
A1:~I~ama-Xay : Mewrs. McRae a i d Shorter.
Aricaii~as--Nay: Mesqrs. Johnson, Riist. ( h r l a n d , mid IVatkins.
Flori&--Kay: M u . Alortori.
Gcorgia - N:%y:~ l ~ s s r rsF, o o ~ i i bCrnw-ford,
~~
Sishct. Kenan, and
Stephens.
Louisiann--Y ett : Mr. X u s h d l . Kay: Xlessi*a.Perkins and Conrad.
Mississippi Yay: Ilhwsrs. Harris, I3roolw. On., Harrison, and
Campbell.
South Carolina-Yea: Messrs. Khett, Barnwell, and Withers. Xay:
Messrs. Chcsiiut 2nd Jliles.
Texas-Nay : Alessrs. n7igfall, Waul, and Oldham.
Virginia-Nay : Messrs. H u n t e r atid Riws.

248

JOURNAL O F THE

piny 18, 1861.

Yea: South Carolina, 1.

Nay: Alabama, Arkansas, Florida, Georgia, Louisiana, Alississippi,
Texas, nnd Virginia, 8.
The motion to airlend mas therefore lost.
The bill was then engrossed, read a third time, and passed.
Congress took up the bill making appropriation to supply clefcicncies i n the revenue of the. Post,-OfGre Dopartment f o r the yea* erlcling
the 18th of February, 1862;
which was engrossed, read a third time, and passed.
Conwress proceeded to consider
llbfil nlaking appropriations in addition to those already 11i:lde for
thp lnilitary service of thc Confederate States of Ampi-im fort tlw
fiscal year ending the 18th of February, 1868;
which was engrossed, read a third tiine, ttncl passed.
Concrress took up
A bfil to amend $11 act to proride for thc organization o f the Navy,
approved March 16, 1861;
v h i c h was engrossed, read a third tirnc, and passcd; also
A bill aincndatory of an act to provide for the orgariizatioii of the
Navy;
which was engrossed, read u third time, and passod.
On motion of Mi-. Brooke, Congress proceeded t o considcr the bill
to cstablish :b court of admiralty f~ndinaritiinc, jurisdiction in the State
of Mississippi for the countic8 lying on the Miss ippi J3ir~rin xiid
State,
The thiid r;ection having heen read as follows, viz:
SEC.3. Pherc shall Itc alqmintetl by tlie
dent, by a n d v i t h tlic advice and
ronsciit of Congre&s,A judge of said court, fo
tiou, who sliall rcceihe tompensation at the lit
lars per nnnuni, puyablc qnartcrly. He shall 1
State, and shall holtl two rcgolsr tcriils of saitl
one Lommorwing on l t r c first Moncluy of May, tlie other o n the f i r i t llloiitlizy 01
Norember, aiul sl1:Jl hold extra sessions of the s e froin t i m e to time at ,qacR places
in said tlidrict :is occasion ma
the business of said court; and
the Raid coiirt shall 1)c at all ti
t o a oE licniiiq m t l deteiniining
all we^ of i u h i r n l t y and i m r

Mr. ljroolic irioved to :mend by striking out th

in lieu tlicreoi thc following, to witJ:
said w r r t aritl

t~iiieand

itiswt ing

icL of t t w State of Missisrippi shall be the presiding judqc of

IN, slrall 11oltL 111o rcgrrlni terins theieof in rach year in the city of

Vicksburp, t l i c k ~ J I I Oc.imnreiic.iiig011 tlie lirbt Monday

iirst Nonday i l l . I)ccrlnkier, iytl he sIlalI Iiolil extra
to timo 8s o(*(wioiimay rcqnrre.

i11

J u n e and t h e othcr on the

ioiiv of the sanw from tiiiie

idcd for :L clcrlc for said court, t,hc

senn in Llicw words, viz: and they s1i:~Il also
ham tho saiiie fees for l h i r rcspect,ire services tis i n h a i d act arc
I

1 of Mr. 13roolie, the smic was amended by striking o u t

the word l h c ~ ~:ml
iiiscrting in lieu thercof thc word * he, :~nd1)s

striking out tht. words * thcir respective alicl inserting in lie11 thereof
tlic .vvord his, and by addiiig to the end thereof the follo\ririg ~ r o r & ,
V k : ~ ( 1it\ :ire?prehcribed in othcr acts regu1:lting the, feCh
:dixii r d t y :tilt1 nitiritiiiic jurisdiction.

O I I C ~ RERSIOS.

Congress m et pursuniil t o adjournmcwt.

Prayer was oflcrcd hy the Rev. Dr. Basil 31ttnly.
hlr. Shorter g:tye noticc t h 1 at the iiistaiice of the State of Alabama
he wodd inow to reconsider the bill to est,zblish n patcnt office, and to
provide for the granting and issue of patent3 f o r I ~ C Wand useful discoveries, inventions, improvcmeiits, :md designs.

250

JOURNAL O F THE

[XRY

20, 1&61.

Mr. Rhett offered the following resolution; which mas agreed to, riz:
Resolved, That the ordinances of the States constituting the Confederacy ratifying
and adopting the permanent Constitution of the Confederate States sElal1 hc rcw>rdetl
and filed away in the State Dcpartrnent.

Congress tlicn went into secret session; and after. remaining sollie
time therein, adjourned until 11 oclock to-morrow.

YROVISIONAL CONGBESS.

iMay 20, 1867.]

Mr. Chiltoii iiiored 1 ( ~: ~ i i r ~ the

id wne
person thc -~vorcls * o rcorporatioli.

1)sinserting

251
after the word

to aiiiciid the smic by striking o u t tlie word

first :md inserting i n lieu tliereof thc .iror.d fifteenth.
T h e motioii xvas last.
The stcoiid section hciiig as follo~vs.viz:
If any perwii slinll TioitLte or attempt to noiate or wade the provisions of the
foregoing section, he shall forieit a11 t h e cotton or cotton yarn thus attempted to be
illegally exported for the use ot t h e Uoniederate State?, arid in addition thereto he
shall Be guilty of a misdemeanor : ~ n d011 coiiriction thereof shall be fined in a sum
not exceedirig,firth tliousand dollars or be inip oried in some public jail or penitentiary for :I period not excee(1iiig six nioiiths, ct

Jbr. JYigall i i i o x d to n i t i t ~ i i d the s a m ~1)y striking out the nw~*ds

iiyt%iliousnnct clollai~sand iii>ertiilgi t , licii thcrcof the words one

liuild!-cd d0lI:u.:: per bale.

rli(>
niotioii \ \ a h lost.
On motion of Mr. Ilicniphill, the hill JVRS aniciidrd by adcling to the
end of thc litzt soction tlic following \vordh, viz:
But iiotiiiiig in this act sliail \CPO (
to 3Icxitw tiirougli it5 C c t c ~ i w i i w i i +

: m d :I tliircl t h e , and passed.

All.. T O O l ~ i t h . f 1 , O l l l tilP co
o i l Fiiiaiic~~
l o, ~t hich h n d been
rcfPl-1-cd
-1bill t o exciiipt iroiii dnty cc.ri:iin car\ 1jurch:ised by the Sew
Orlcniis :ind Ctin~)lltoiiKnilroncl CIo~~ip:~ny
and the Yew Odeans City
l&Li1lO:M1 C O l l l ~ X L l I ~ .

reportcd advCi*hcl? to Ikic lxissagt o i tlic b i t i i i r , i~commendedthat the

bill lie on thc taldo aiicl that the coiiimittec be discharged from the
further coiwidrratioii Ihcrewf.
IYltl lcpo1% w::s :%greedto.
Air. T o o m l ~ .FPOIII tlle miiic conimittcc, to which had been rcfcrrcd
tho coiiini~ini(tLti0iio f thc Secretwy of W:ir to said corninittee relnt i v e to {lie p~trcl i i i i c of l)oolw of t:i(*ticaliii5tiiwtioii for the iiw of tha
ArIlly,

rcportccl adversely to thc sninc, d r c d tliat it lic on thcl t:ihle :ind tlic
coniinittee be clistaliarged from its further coniidcration.
Tltc rcport TVdS :igIced to.
A h . Hale, from the. Goitiinittcc 011 thcl Judiciary, to M hich liad hceri
ref erred
A bill t o cstal)lish tlic ji~ciicial(,ourti of t h e Confetler:ttc States of
ilriieiica in the Skate o f Virginia,
rcportecl the stiiiie ),ad<with :111 xii~endiii~~nt
mid reconiiiic~ndrdits pisStLge.

takeii np, and X r . Hale. from t h c Coi1;mittce 011 the

t o wiiiciid tlie vii~icl ~ y(wacti!ig that thc State of
s l ~ l lcortstitutt: I\\ o judicial di.;tl.icts, desipnatiiig the tcrritorial bound:ii~icsarid ri:iiiies L l i c i w f iuid g i ~ i n gthe President power
t o appoint, :t juclgc, iiiarslials, :md nttoriiej-s therefor, ctc.
1 ,
I h r nineiidmerit was q r e c d to.
The hill a s amelitled was passcd.
The title tlicreof ~ 7 x aiiienilcd
3
$0 as to m r d :is follows. 1%:
A bill to wtahlisli the judiciai coiirts of the Confederate States of
America in t h e States of Virginia and iirkiznsas.

The bill

k i s

, iiiovctl

253
enable thein to prepare such a ~ o r k containing
,
marginal references showing the
substance of the text, and t h e respectiye dates when the statuteswere passed, as also
the pages of the Statutes a t Large of tlie United States xliere the laiv may be found,
together TI ith references in the form of notes to the opinions of Attorney-Generals,
arid to judicial decisions construing statutes of doubtful meaning. To enable them
to co111p1y with what they ml)poxxl to be the desire of Coiigress, they have procured
a copy of the Statutes at Large, se\eial copiw of Tkightly8 Digest, and the Decisions
of t h e Supreme Court of the United Statw, T\ itli other works deemed of importance
as furnishiiig aids in the discharge of their dntim. Thcsc boolrs are contained in a
sclieclule aririexecl to this report oiiirketf A\, :ind :we carefully preserved for the
use of Congress in tlie rooms of ttic ro~iiiiiittvest the Madison House, where the
inembers can consult theni.
The committee furtlier report tlint all the expenbe riecdful to the preparation of
the work as provititd for nndcr tlic rcw)liition, iii tlic \YAY of hooks, i;tationclp, room
rent, Z L J ~ Cfurnitnrc~
~
liatl slrcatl 1)wn iiicurred, anti R consideral!lc portion of the labor
reqiiircii to coii~plctethe n oi lias 1)eenperformed
T1ic.y herc~\vithlay 1)cforc I( (oiigre-, for tltc iitspei*tioii ant1 suggestions 01 ity
meiiherb, rnrions iiratls of tlie l a w digestcrl 1)). tlits coinniittee, and at a proper tiiiie,
if desiwd, the- \\ill submit a rcyort of swli charigcs and modifications as they
woiikt rc~c~onimenctfor tlic atloption of Congress. ,111 whidi ilk respectfully
subiiii ttcd.

Congress took up
A resolution rescinding tlic rcsolntioii providiiig for n dig(
approrcd ;\I:~rch 12, 1861. : L t i d 1isi:ig tlic ]my of thr: cwtiiniwioners
appoiiitcd utictcr 4 d rwoltitioii t o 1 ~ r f o r i i &:lid
i
d u l ~ctc.;
which WLS e i i g i * o ~ ~cad
d . ;I t l t i i d tiiric, and : t g i ~ ~to.d
JIr. Cobh iiltl~oclu(YY1
A bill to iircic.ribc tlic snlaiy of the Irirnte SccrctR1.y of the Yrcsi.
dcllt, of the Confcdc1xle s m i ;
which was rcad t h o fii.st and ~ v o i i dtinic\.
hh.. Barnwt~llii~o\-cdto rdcr thc s:~iiicto tht (oi~iniittccon Finance;
and thc votc thcrton, 1)riiigt:iLcn by St:it(x i5 :IS follow^, to vit:
Yea: Al:tbmi:~, Vlorida, Imiisiitiia, Nihsissi pi, a n d Soiith Carolina.
Nay : (;corgia, Texas:, : ~ n dVirgin i:i.
Ihc i r i o t i o i i pcv:tilrd.
111. 1V:iul irilrodric*rtl
A 1)ill to divide tlic Yt:ttr 01 Trm\ iiilo two ,jiidi(*i:il distrit
proi.itlc for ,iiiclfies :uid offiwrs of thc s:tiiic;
which was r w d t h c fird :itid wcwnd tiirios w i r d I c r r d to tl1c CoIrlniittco on tlic Jutlici:irJ .
(oiigi~cs~
1 ) 1 ~ 0 ~ w d to
( ~ It It(, c.onhitlv1.iition 01 ttit: iiiifiiiislit~dbixsiricss
of tlic d:iy !wfow. N 11ic.li w i i 5 tlic rcwliitioiis i~l:iIitig to c1utic.s ant[
to 1)c lc\ irtl 1)y t 1w Con Icclt~i*atvHtntcs :mtl foreign
)ccti v ~ i yIw cj ~ ) r ~ ) ~ ~ : ~ ! l y J
csoliition 1 i i ~ iiig
i
hcen ~ c i ~:isd follo\vs, 17iz:
~

tc! 11c l m ied lip the Cul&dcmte States

l y , ik a. proper iiiattor for iic@xtion and treaty stipnso of Conprcis that snch negotiation and stipulation
shonld be I)ascd upon a Inrtxiiiiani of tlutit- ncli 1iit.licr than taciity per cent ad
valorem on all articles of nianufacturc or l ) r w I w t i o i i , etch.
dutieq

C)LI ~niportatious

MY.Cohl) niovtxl
< < ncgotintion

t o :tnicncl thr bamc 1)y i i rting after the words

xncl ht,ipuI:itioii tlic ord\ shall not rxtend heyoiid

lie motion pr4vailed.

On motion of Mr. Rhett,, the resolutions were laid on the table.

255

PBOVISIONA L CONC4REBS.

Nay 20, lbGl ]

X r . Harris deiwandcd the question; which W L seconded,

~
alld the
rnotiori prevailed.
A h . Meminingcr 1novc.d to aiiierid the 5aiiit bj striking out tlw following W O Y ~ Q ,to wit: .o r :it i n c h other placc, :LS tlic President niay
hereafter de,iignate.
The motion premilcd.
The becoiid resolution having been l ~ ah~follows,
d
1%:
ResoZ/(CC, That the Presidciit be, a i d Iiv I;, Iiercl)>,aicthoi (1 to cause thc several
15xecntive De~iartmeiits,)I ith the nrcllii\ c> tliereoi, to I F rcmoved at ruch time
iicxt t o Itichriio~i~l
or to sucli othcr place as
betnecn this aiid the
flR) ol
I r e iiiay designate, rlctciiiiinctl 011 ill I)circuarice of the iulcgoin(
go\ ernnicnt.

Jlr. iClenimiiigei*niored to auiend thc

wolaq

hi~i

by striking out the

or to such otlicr p h aq lit. i i i n j dwiglmtc., d ( ~ t ~ r n i i n011

( ~ i1n j)Liisimic<~
of the foregoing wctiori a3 the beat of rorcriiiiiriit,
(1

Ant1 to

i t i w t

in licit thereof the following words. to wit:

, That

iii case (11 an? pub1

it iinpoljtic to iiie
power by ploclaination to call C/oiigr(%sto
be selected b y 11:iii.
1 ciidw

mcrgency v liicli may in thc judgiiieiit

ii Iticliiiiond, the President shall I i a ~
e
her at ~ o i i i eother wii\eiiient plaee to

L 110 motioii prc\ ailcd.

lling thc blanks with
A h . IIariiy iii)\ c d to ainoiid the ~.csoi:ition 1
thc T\ orcls t \ \ - ~ i i t i ~ t lwxl
i J i t l ~ aiitl I iic xthercon, haiving been
talrt~n1)sStates, is as fo!ion \ ? \ iz:
Y w : Alabaim, J;loricl:~, Louisiana, South (hrolina, and Virginia.
Kay : Arliaiisas, Georgia, Xisissippi. a d Texal;.
rho motion p ~ - c ~ i ~ i l t d .
icndcd W : L ~eiigrossed: read R third timc, and on
The resolution a
ig thewto A h . Spizrrow deinandcd the question;
the qiiction of ag
v-11icli \\ :is swond
d, at thc instaiict of thc State of Louisiana, the
)F tlic entire l ~ o d rwcrc ordered to be recorded, and are
r ,

sy: Mcssrs. \Vallier. Sniilll, Curry, Cliiltoti, 1Tale, McRar, Shortcia, th id Jones.
Arkaiisas--Ye:i : Messrs. Ritst, (iarlaiicl, :tnd Thoiiiason.
Floridti- Yea: Mr. Morton. Nay: Mcisrs. \Yard :mcl Owcns.
Cieoryia-Yea: Rlessrs. Toombs, 1To~~cll
Cobb, Cm~vford,Wright,
:tiid Kenan. Nay: Afessrs. i\li.;bct, T. R. B. Cobb, mid Stopheris.
Idouisiana--Yea: Messrs. Conrad :md Kenner. Nay: Messrs. Spar
row a n d Ainrshall.
Mississippi-Yea: M r . 13rooito. Nay : Ncssrs. Ilnrris, Hmrison, and
Campbell.
South (hrolin2~--Say: Messru. 12~rnwel1,( h a n u t , wiicl &Icmrningcr.
r ,
Lexas- -Yea: Messrs. Wigfail, Hemphill. WTaul, and Oldham. Nay:
hIcssrs. Qrcgg and Ochiltr~c.
Virginia-Yea: Messrs. I-lnntcr, Rives, Ih-ockcnbroi~gl~
:ind Staples.
Yea: Arkmis;Ls, Georgia, Texas, and Virginia, 4.
Nay: Alabanra, Florida, Mississippi, and Soulh Carolina,, 4.
Divided: Louisiana, 1.
The rcsohtion mas irot agreed to.
Mr. Cohb offered the following resolution, viz:
lw, and he i i Iierehr, requested to bring
Resolue:ed,That each member of this Cong
before his constituents the Ioana anthorrst~lIiy law, and to U , ~ Chis efforts to procure
subscriptions in money or p r o d u ( ~
to~thc: frame.

2 66
The resolution was agreed to.
A message was received from the President, thr?ugh his Private
Secretary, Mr. Josselyn, that he had approved and-slgncd
An act to authorize the extension of the m i d service of the Confederate States in certain cases and upon certain conditions;
An act to adillit the State of Arkztnsac; into the Confcdcrtq; arid
An act amendatory of an act t o provide for the orgallization of the
Navy.
Mr.Cobb ititrocluced
A bill to :~utliorixccc'rttlin dcbtors to pay the amounts due by tlicm
into the Treasury of the Confedcrate States;
mrhich T V ~ Sr e d the first and second times arid rcferrcd to tho ~ ~ O J I i l n ~ t t C C
on Finiince.
J1r. 13e1ri~hiIIintroduced
11 hill to allow :L suni of irioiicy to cac.11 iiicmbcv of Corqrchh for
postage cxpcnscs:
which \vv:zs re:id Ilw h.4:ind sccorid tinics :tnd ~ ~ f e r i to
~ ctho
d Conunittee
on Firiaiicc.
MI.. Shortcr oil'ored the following rcdution, vix:
Tlrxt, the Sccrctarv of the Trcasury be antliorized to p y , o u t of the wntin~gont
fund of thc Treasur~L)ri,artmciit, d l awoiintu cwntracted for n o r k done or furniture
proTTidcc1 for thc use of the Exemtirc, office or in tlie ICxecntivc buildingsnot properly
chargea1)le to the contingent fund of either of the other Departments;
which \v:w rcud 1,Iic h s t and second times, engrossed, read a third tinie,

and ptisscd.
MI-. Miles. at tlic instance of the State 01' South Chroliiia, moved to

~ ' I W V Z S l O N A L COXU-KESS.

May 21, 18131]

251

Mr. Shorter, from tlrt. Coitiiiiit

on Ihprossnlent, reported as
correctly ciigrosscd and enrolled
A bill to establisli a s e p r a t c port of entry at Saline Pass, in the
c'oiiiity of tJcfferson, in the MtRtc of Tcsas, and to provide for the
xppointincnt of ;L colltmbr ticrriii; arid
A bill to put iri operiitioii the 1)wimment Constitution of the Confederate States of Aincrica.
Mu. Chilioit moved to adjourii.
Mr. Menncr demanded the qncztion.
The, question wts ~ ~ c o i i d :mtl
d , thc. iiiotioiz was lost.
The question recxwriiig o n :igrmirig to the resolution,
111.. Ochiltrcc, at the ii:itan(*c ol' thc State of Texas, demanded the
yc"q and nays of tlic eritire body thereoil to he qmxd on the Journal,
and they are as follows, yix:
Rlst)nma--T\'ay: Messrs. \.\.':tllier, Siiiitli, Curry, Chilton, Hale, MeKae, Shorter, and Jones.
Watkias, and Thomason.
Arkansas-Yea: Blessrs. Rust, Gar
Florida-Yea: Mr. illorlon. Say-: rs. Ward and Owens.
Geoi in-Yea: iLlessrs. rI'oonil)s, 130
Cobh. Wright, and Kenan.
Way: essi's. Nisbet and 1'. R. R. Cohh.
Louisiana-Yea:
il
s. De ('louct. Cour:id, and Rcnnw. Nay:
Messrx. Sparrow i d
Jlissis~ippi--l'ex: Air. ISiwilrt~. Snj : X C S S ~llarris,
\.
Harrison,
:tnd C:unpl'"l.
Soutlt C:iivlin:i - S : I ~31e
:
. Rarnwcil, C'hesnut, 2nd Jlemminger.
rI'cxas--Yc:~: Jlcshrs. TT7igfnll, I l e n t p ~ ~ iTTaul,
ll,
and Oldham. Kay:
Mcssrs. Grcgg and Ochiltwe.
Virginia-Yea: A f e s m . Ilunter. Ri\ t'>. Brockenbrough, and Staples.
Yea: Arlmis:is, Georgis, Louiii:ina. Texas and Virginia, 5.
Nity : ALabtliiit~,Florida, Nixsissippi, t m d Sbuth Carolina, 4 .
r ,
I hc wsohition war agreed to.
Coiigress adjourned until to-niorrom worning. 11 o'clocli.

r ,

[J

1i1sD24y.~ I L \ I 31, 1861.

7

OI'ES SRSSIOS.

Congresh iwt pursu:Lnt to acijournment.

Prayer was offercd by the 12er. Mr. Mitchell.
There being no busiricrs on the Public Calendar, C'ongress went into
sacrct seszioii; and after remaining some time therein, adjourned uiiLil
the 20th day of July next.
SECRET SESSIOS.

Congrcss having resolred itself in secret session,

Mr, Chilton presented a rrieiiiorial from Elizabeth Moon; which,
without being read, WXY refcri*cdto the Committee on Claims.
Mr. T o o n h , f roni the Committee on Finance, to which vsts referred
the bill relatin: to tho pxj-of iiicriikm-sof Congress f o r postage, reported
tidverseljT to the same :md recommended that the bill lic on the table
and that the committee be discharged from the further consideration
of the same.
c

J-VOL

1-04---17

258

JOURNAL O F THE

\X\rsy21,1861.

The report was agreed to.

Mr. T o ~ m b s from
,
the same committee, to whom WRY referred
A bill to authorize certain debtors to pay the amounts due by them
into the Treasury of the Confederate States,
reported the same back without amendment and rceommencled its
passage.
Thc bill \WS engrossed, react a third time, and pussed.
3fr. rootnl:~,frorti the same committee, to whorl1 TVHS referred
il bill to pi,escribe tho salary of the Private Secretary of the President of the Confederate States,
reported tilc ime back without arnendiiicrit and reeolnmcncled its
considered the stirne and the said bill mas c ~ l g r o s ~ rcnd
d,
Mr. T O O I Jfrom
~ ~ ,tfic same committee, to which I ~ rS
tain cl;tipci, reported thc saliic back, reconmended that the
table, :~ndthat the committee tx discharged from tho further colisidemtion o f the same.
The repost was agrced to.
Congress then proceeded t o the consideration of
A bill ms~lriiigsppropriatioris for the support of the Navy f o r the
year encling 18th February, 1862.
Thc bill I V ~ Yengrossed, i;ead a third time, and passed.
Mr. Oldham, from the Committee on the Jriclicimy, to which IVRS
referrcd
A bill to divido the State of Texab into two judicial c1jstric.t;; ;uid
provide for judgcs n r d o-riiceix of the same.
Thc scction of thc bill being as follows:

The c o i t i n i i t t t : c loportcd ati :L siibstilitln 1hcrcfor t h e following:

Tliat 111eF h t v of l(~\:~s
IN., nucI llrc ~
trkts in tlic. f o l l w i n q ii~aiiiier,t

n i i.
ci herchy,

clivitlcd into two judicial dis-

tho p u w c rind
~
jariPtlic.tioii ot tlic s m w , SO far as thrp arc coIlsistellt \\;it11 the ConHtitulion aiitl ~ L G N X O[ ttic CoiiCed.cralcSlatcs, arc hereby rcciiacteil anti continueil in
full forcc.

Mr. Grcgg, f ~ o n thc?

i Comiiittoc on Claims, imdc a report relative
to t h psyinenl
~
of ccrl:iin cl:iinis i1g:Linht thc Conlederato States; which
was sefcrrc~lto tbe Attoi.n(:y-Gcnei.sl.
Congress procccdctd to the considemtion of
A bill to transfer Llie tcstiniony tiikeii by coruiiiissiori jri certain suits

M a p 21, 1661 J

I'I~OVISIONAIi CONGRESS.

259

therein named brought in tht: circuit mid district courts of the United
States of America to the States of the Corifodcrate States, and to
tic saiix? to be i*e:itlin
cngrosscd, rend thir
ton oflfercct the following resolution; wliich was i~grccdto,
ria :

, That

tll? alllolutts oc
lavra, as rcportetl 1)y ti1
contingent fonds of Congres~.

incwrec1 l w thr conunit

tce 011 ClxiIi'ir tllir day, h

Mr. Miles offered the following iwolution ; ~ 7 h i ~was

h agreed to,
viz :
Z?esoZreci, That the amount of ninety dollai~sI)c paid ont of the contingent fund of
tflc House to Alexander X. Clithera11 'for defraying the coit of the Hag ordered by the
Flag Coininittee, togethpr v i t h thc cost of the fiagstaff, halyards, freight, etc.

Mr. Toombs, from the Coininittee on Finance: reported

A I d 1 to providc for tlie pay of additional officers, noncommissioned
officers, niusicians, and privates of the $ k i n e Corps, t o constitute a
regiment, and for the additional clothing and subsistence of the noncoiiiriiissioned officers, niusickins, and privates for the year ending
February 18,1862;
mhich was read the first and wcond timcs, cngrossed.
read a third time,
mid passed.
Mr. Shoitcr, froiii Lhu Coinniittcc on Fhgros\ment, reported as correctly cngimscd arid enrolled
A bill to divide t h e State of Text,.; into two judicial districts and
provide for the tippointment of judge, a r i d officers in tlie same;
A bill for the protection of ccrtaiii Indian tribcs;
,\ resolution in r&tion to certain accounts;
*Ibill to pro\ idc for the incidental cxpenses of thc p1111lic service
\\.itbin the Indian tribes;
I)ill to atithorixc tho I'rcsidcnt to con fcr temporary rank mid c'otii~ i i i n i dfor servicc with volunteer troops on of5ccrs of the Confederate
A r1ny ;
A hill to :miend m i act to i*:Lise:iri additional nri1itAr.v force to serve
dill-ing the \vai*;
A hill concerning the transportation of soldiers aiid allowarice for
clothing of volunteers and nmcndatory of the act for t h e establishment : ~ n dorganization of the Army of the Confederate States;
A hill to provide for certain deficiencies i n the appropriations for
the Post,-OfficeDepartment f o r t h e yea]. ending E'cbruary 18, 1862;
A bill nialiing appropriations for tlie legislative and executive
expeiises of Government for thc year ending 18th February, 1862;
A bill relative to telegraph lines of the Confederate States, approved
May-, 1861.
A bill inalcing tippropriations i n addition to those all-cady made for
the military sen-ice of the Confcderate States of Aiiicrica for tho fiscal
year ending the 18th day of February, 1862;
A hill to provide revenue from commodities iiriported ft~oinforeign
count rics ;
An act to define with more certainty the meaning of :in x t entitled
"An act to fix the duties on articlcs therein named," approved March
15, 1861;
A\

JOURNAL O F THE

260

[Bray 21,1861.

A11 act to establish a court of admiralty and. inaritimc jurisdiction

in the State of Mississi pi f o r tho counties lyrng on th e Mississippi
River in said State; an
An act to arrlerid an act relative to telegraph lines of the Confederate
States, approved May [I11, 1861.
Mr. Rust introduced
A bill to provide for tho ccssioii on thc part of tht: Skate of Arkansas of the arscna] at Little Rock arid F o r t Smith at thc city of Fort
Srnith, in the Skate of Arkansas, to the Confederate StRtcs of America,
and the acceptance of thc same by said Confederate States;
which was rc:ad the first and second times, engrossed, read a third
time, mid passed.
Mr. Ronjaniill delivorcd 2~ verbal message from the President in
reference to prisoners of war; which mas referred to the Coininittee
on thc Judiciary.
Mr. Toornbs, from the Coiriinittee on Pinance, reported
A ],ill f,o provide lor tlic pay of thc oficers who httvn resigned froin
the United Stsltea Navy, and whom it is proposed to add to the Confederate States Nsvy;
which was read the first and second times.
Mu. Conrad moved to amend the same by adding thereto the following words, viz:

To pay Captains Lawrence liousseau, Josiah T~lttiiall,Victor M. Randolph, and

Duncan N. liigrahani and Commander Raphael 8emmes certain traveling expenses,
as )cr resolut,ioii of March fifteenth, eighteen hundred and sixty-one, five liuiidred
anX niiiety-tlnm dollars.

'rho motion prevailed.

The bill a s tunended was cngrossed, read n third time, and passed.
age was rcceivcd froiii the President, through h i s Private
hlr. Jossolyn, that he had approved and signet1
An a(+ to :inicnd zin :wtt to pi*ovidcfor thc org:mixation o f tlic N a r y ,
a p p r o ~ diMsroh l(i, 1x6 I;
An act to est;rMidi t i h e srate port of entry at Saloinc l'as3, iii the
county o l Jcffcrson, in t ic S h t e of Texas, tmct to provide for the
Itppointinent of :L collcc tor therein; and
An act to piit in o1m"tion the Governincnt under the 1)erinmcnt
Constitution of the Confedorato Stntes of America.
MY. lInlc, from the Coniinittcc on the Judiciary, to which was
referred the coiiununic:itioii niade by the President through Xr,
Fleii j ~ i i init, rrpo rtcd
A bill rclatjw to prisoiicrs of war;
which was rcad tho first i d second times, engrossed, read t t third time,

11 of Mr. IIalc, Congress proceeded to the consideration of

A bill supplcnicntal to an act to establish thc judicial courts of the
Corifeder:ito S h i t ~ sof America;
which was ongross(:d, rcad a third time, and passed.
Mr. 'I'oonil~s,froin the Coninlittee on Finance, reported
A Ldl to n1alm teinpor:vy disposition of certain nilr road iron;
which W H S re:d the first and sccoiid tinleu, engrossed, read R third timc,

On motion ol MY.Stephens,

Congresb took a recess until -&.N o'clooli p.

111.

May 21, 1861.1

PROVISIONAL CONGRESS.

261

4.30 0c1~0c1~
I. x.
On motion of Mr. TT\ard, the injunction of secrecy was removed
From the memorial from the president of the Florida Railroad Compmy and the report of thc Coinillittee on Finance thrreon relative to
duty on certain iron.
Mr. Heinphi11 iiitroduccci
A bill for the publicatioii of the laws;
wliich mas read a first and socond timc. engrossed, read a third time,
and passcd.
A h . Sparrow offered the following resolution; which was agreed to,
viz :
Resoliwl, That the injunction of secrecy on the proceeding of Congress on the
consideration and passage of the bill removing the seat of government fro& Montgomery, Alabama, to Itichiiiond, Virginia, he so far removed as to authorize each
iiieinbcr to inake public his own action and vote on said bill.

Mr. Miles offered

A resolution in reference Lo the printing of the tariff act and other

docuiiicnts connected thcrcwith ;

which TV:LS read a first atid second tjrnc, engi~oswd,rwd :L third t h e ,
and agrccd to.
11/11.. Hnle offered
A resolution regulaliiig the p:tyment of unadjustcd accounts;
which TVRS rend a iirst a i d scconcl time, engrossed, rend a third time,
and agrecd to.
The following message was reccived from tho President:

10 the Congress.
GENTLEXES:
t have the Iioiior to return to you, withont appioral, t h e act entitled
An act to wtablisli tt court of admiralty and maritime jurisdiction in the State of
ippi for the counties lying 011 the Mississippi Itircr i n said state.
All,hougli I aim unable to perceive the adrantnge of an additional court i n Mississippi as pioritled [by] the bill, this n-onltl not constitute a sufficient reason for withholding lily approval. But tht: bill goes further. I t creates a jurisdiction for R
ccrtain portion of the bank of tlie 3lissiFsippi River entirely different frntn that
which exists above, below, and on the opposite bank of t h e river. This ran not but
lead to conflict of jurisdicstion, embarrassment, and confusion, and I can not perceive
the ncxcmity for so exceptional a aicasure.
I therefore return i t to the Congress M ith m y objections.
JKFFERSON PAVIS.

Congress proceeded to reconsider the bill; and on t h question,

Shall the bill pass 1
The same W R S decided in tfic ncay:iti\ c and thc bill w m lost.
Mr. Hernphill introduccd
A hill rclativr to the Library of Congress;
which was read the first and sccond times, eiigroqd, cad :t third time,
arid passed.
Mr. IIernphill also introduced
A bill for thc relief of the district attorneys of the Confederate
States in the field;
which was read thc first and sccond times, engrossed, read a third time,
and asaed.
Chilton offered
A resolution in reference to a Congressional seal;
which was referred to the Committee on Flag and Seal.

id.

262

JOURNAL O F THE

[ I h y 21, 1861.

Mr. Oldham introduced

h bill assigning the judge, district attorney, and marshal of the district of Texas to the eastern district of said State;
which was read a first and second time, engrossed, read a third time,
and passed.
Mr. Shorter. from the Comrriittee on Bngrossment, reported as correctly engrossed and enrolled
A11 act to prescribe the niode of publishing the laws and treaties of
the Confederate States;
An act t o establish the judicial courts of the Confeder.nte States of
America in the State of Virginia;
An act to prescribe the salary of the Prirttc Secmtarp of tlic President, of the Confcderatc St
on of the Congress of the Confederate
States;
An act to aincnd an act entitlcd An act recognizing the esistence
of war between the Unitrd State\ and the Confederate State?, and concerniiig lettrrs of marque, prizch, :tnd prim goods. nppimwl h4ay
[6], 1861;
Au act to provide for the pay of additional of6cers, noiiconiinissioiicd
officers, rnusicirms, and privates of the Marine Corps, to constitute a
regiment, and for the additional clothing and sal~sistcnccof the noncomrni,ssioncd officers, nnxsicians, mid primtes for the y e w ehdiiig
Fcbruwy 18,1861 118621;
An act to increase tho clcrical force of tho Treasury Deimtnient in
the Ilru.ean of Second Auditor;
A resolution rescinding the resolution providing for t i digest of Iaws,
approved M:L~cII18, 1861;
A rcsoliition in 1el:ition to the clcrical dcpartiiient of Congrchs;
A n act to n i i t h o i h certain iletkors to pay tho m o u n t s clue i>ythein
into tho I1~c~asul.y
ol tl1o Confetlcl*ntcstate\;
A resolution to pro rid^
the i*eniovalof the sent of govrrnment;
tinioii.~talsen by commission in ccrtain
An :Ict to tr:insfrr th
suits tlicroiri 11:inictl bro
i n the circuit ; ~ n ddistrict courts of the
IJriitcd States of Anicrica to (IN: S h t c courts of tlic Confederate States,
and to authorizc tho sanie to he r ~ : in
~ dsaid courts;
An nct to prohibit tho exportation of cotton froni the Confcdcmtc
Statcx, csccpt through the smports of said Stutes, and to punibh persons ojlonding thowin;
AII act to provitlc for 1 1 1 1 3 cession on tho p u t of the State of h r k a n s&q of the :xrscn:il :Lt Little llocli and of Fort Srnith at the city of F o r t
State of A h i i s \ s , to thc Conf cderate States of Anierica,
h n c c of tlic sanio by tho Confecleratc States;
An net to ni:Llic tcnipowry disposition of certairi railroad iron ;
An setJto provide for the p ~ of
y the officers mlzo have resigned from
the Unitccl Statci; Navy, :uid whoni it is proposed to add to the Confec1er:itc Stntos Navy;
Ail act ~iiaking:qyropriations for the support of the Navy for the
ycttr onding 18th I%I)ruary, 1863;
An rzct h ~ q y ~ l t ~ n r c nto
t a lan act to establish thc judiciril courts of the
con federatc Htntcu ;
An act rclatii e to prisoners of war;
An act f o r thc publication of thc laws;

S l a y 21, 1SGl.J

riiovmoxbl;

263

CONGRESS.

A rcsolution i n reference to thc printing of the tariff act and other

tlicr~wi
th;
ting the payment of Linucljiisted xmuiits;
An :wt, ix%lniiveto tlie Library of Congi1111 act for the rclicf of district) attornej
t h o Confederate States
ill thc ticlcl;
An act to securc copyrights to authors an
tl~?c.ulllcn
ts ('On1
11 res(il1ii-ioll

An :tci assigning tlrc j udgc, clisti*ict :it.to

tiistrkt 012"~snsto tire eiisterii t1jstvic.t of s
Air. Mciiiiiiiiig:(:r, Hccretxry of tJic Trwsiiry, siihmitted estimates of
cs1)cnsesof roinoviiig the seat of governnient to I<.ichmond,1-a.;which,
on motioii of hlr. Stephens, were referred to the Committec on
Finxrtce.
r'
llie follo~viiig messngc was received froin the President:
EXECGTITJE r ) E P A a T X X X T , 3r<tr!/
91,1861.
X r . I'rc~sitloit: The I'reeident has this day xpprorecl mid s i g i i ~ d
An a c t to auiiend aii act relatire to telegraph lilies o f tlw Confederate States,
itpprorcd May l l t h , 1861;
An net to provide for ccitain tlriiciencicii in thc appro1,riziti o i i q for t h e Post-Ofice
Dop:wtinent for ill(. year cndi
,inact to aiiieiid n n act l o
ii(1 cmixartiid

for serv-

iw \vit I i voluiitcer t

ive cspenses of Gov811

act lor the protection of certain I n

i l r i act iiiakinp appropriatioiis in adtlitioii to t Iioso rtlrc~aclyiiiadc for t,lic military

r;ervicc?of the Confederate States of Anicrim for tlie tiscill ycar ending the 18th day

of February, 1862;
A n act to proyicio revenue from eommotlit.icr: itiiprt,c>tlfroin fort:igii countries;
An act to dcfiiie with more ccrtairity t h c b irx'it
the tlut ics on articles thcreiii iiaincxl," al)j)royc(
,In a(%to provitlc fur the iiicideiital c~slvii
Tiiclian trilm;
iiii art, to tlivide tile State of
appoiiitiiient of juclpes ant1 ofiic
A resolution in rc,lalioii lo ce
IWCISI',T .TOSSELYN,
l'rivicte Xecrct(try.

Also t,lw follow irig:

l < X JSCCTTI'I;: I)lfP.\RTI\IRST, 3fUCly '1, 1861.
drf. PTesidPill: 'Phc I
nt 11x6 1,Iiis(la\- approvwl aiitl ~igiic(1
1\11 act, iri :int,lmrizc (
tlclitor:: t o pa? the x i i o u i i t ~tlne l)y tlrem into the Treasury oC the ('onfdrmte
A resolutiuii iri regarcl to thc clerical
nnnissioncd officers,
A n act. to provide for the pay oi R(
,giiiicnt, a n d for tho
iniisicians, and privates of tlie Mnrinc:
(vr3, rrlusiciaw, and
inp aiitl ~ubeistenceoi i
year ending February 1
t (I: l a w , approved
reseiiiding tlie renulntii

An a c t to proscribe thc mode of puijlishing tliv 1:tivs ant1 treaties of tlio Confederate
rille t,he salary of the I'rivatc Pccwtary of the President of the Confcderat (; States;
Aii a c t to iiicreane tlic clerical force of tlic Tmasiirp Departinelit. in the Bureau of
Secoiid . i d i t o r ;
An act supplcnlental to an act to cstablish the jix1 icial courts of the Confederate
Statcs oi' America;
An act to establish a patent oKice, and t,o provide for the granting and issue of patents for new and useful discoveries, inventions, improvements, and designs;

264

JOUltNAL O F THE

[ h h Y 21, 1881.

An act to provide for the pay of the officers who have resiglied from the inited
States Navy, and whom it is proposed to add to the Confederate States Navy;
An act to make temporary disposition of cyrtain railroad iron;
An act to establish the judicial courts of the Confederate StateB of America in the
S b t e of Virginia;
An ordinance of the convention of the Congress of the Confederate Stater?;
An act to amend an act entitled An act recognizing the existence of n ar betM-een
t2le United States and the CorifecleiatcStates, and concerning letters of marque, priyes,
and prizc goods, approved May [6], 1861;
,4n act to provide for the cession on the part of the State of Arkaiiras of t h e arsciial
at Little Rock antl of Fort Smith a t the city of Fort Smith, in the State of i l r k ~ n i a ? ,
to the ConfcdPiatt States of Anicrics, and the acceptallce of the same hy the said Coniederate States,
An act to prohiljit thc exportation of cottoll from the Confederate States, ehcept
till ougli the ac.aports of Faid States, arid to pnnish persons offending therein;
A rcqo!utioli to p o ~ i d feo r the reinoval of the peat Of gOVerl1rnent;
iln act inaking appropriation3 for the support of the Ka\y for the year erlding
18th February, 1862;
A reqolution in refcrence to printing the tariff act and other documents connected
thercnith;
All act to transfcr the testimony taken by coinmission in certain suits therein nanied
brongllt in the circuit and district courts of the United States of Anierlca t o the State
collrts of the Confederate %ttcs, and to authorize the eaine to be read in <aid State
courts;
An act concerning the transportation of soldiers and allowance for clothing of \wlunteers and amendatory of the act for tlie establishment and organization of the
Army of the Confederate States;
An act for the publication of the laws;
An act relative to prisonws of war;
An act relative to the Library of Congress;
An act for the relief of district attoriie>sof tlie Confcclcratc States in the field,
A rcrolntion regulating tlie payment or uniit1jiisted accounts,
Ail act wuigning the judge, drstricl ittloincy, and marhhal f o r tlic district of Texas
111 district of Bait1 Stat<, mid
sectire copylights to authors antl conipbsers.

MY.too nil)^, from the Committee on Finance, to which were referrcd

the estiinatc\ of the Sccrctary of I h c lrcasury relative to the reinoval
o tlic salt of government, i*eportcd
A bill imlcing appro ritition to dpfray the expenses of removing the
seat of governiiwirt to -iiclimontt, Va. ;
tlie first and second times, engrossed, read a third

r ofrered tlic following remlution, viz:

)f 1Iw Trrawry talw nieasur(1s for selIirig t h e unexpired lease
w :nit1 of the buildnigs usecl for the 1)epartments or for being
tloil of the rent a y soon as the scat of goyernmcnt shall have
bcen rcmowd, : i d t h a t lie cauic :dl fnlnituro no longer \+anted to be sold.

Thc rcuolutioii 11 read the tiwt and sccond times, engrossed, read
third t h e , ; ~ i i dp
Mr. Shortcr, from the Committee on Ihgrossnient, reported as
correctIy cngrosscd m d enrolled
A bill iiiaking q3propri:itiori to (lefrtir the cxpfnses of r r m o v i q the
scat of govcwiiniciit to 12ichmont1, VR.; a d
A rcsolrrtion conferring certain powers on the Sccrctary of Treasury
in rcferencu to stilling uncxpiretl letlse of the Presidents house, etc.
A 1liess:lgc w i s also rcccirccl f i m n the President, through Mr.
Jossrlyn, h1s Private Sccrctmy, that he hacl approved and signed
An act niaking :q)propriation to defray the expenses of removing
the seat of ~ O Y C ~ ~ H U CtoI IEichiiiotld,
~
JTa. ; and
:L

May 21,1861.j

IBOVISIONAL

CONGRESS.

265

A resolution conferring certain powers on the Secretary of the

lrcasury in rcfewncc to selling the unexpired lel~seof thc Iresiclents
house, etc.
Mr. Wigfall offered the Iollowiiig resolution, to wit:

r 7

R i w l i ed, That the thanks of this Coiigresi are doc, ant1 are liereby tendered, to the
onorable Iiowell Cobb, I-xesident of the b
ility, courtesy, and inipardity with which h e bas presided o w r our
r ,

i he resolution ma^ unnniinousl y agreed to.

l l r . \Tau1 offered r?. rc~solntion,i i z :

That the Prcsideiit of the Congress he directed to tender to the aiithorities of the

State of Alabama the thanks o k thiv Itocl> for llie uoe of the Capitol building in c hiclt
it< c!eliljeiations have been held, aricl a h to t h e people o f Maatponicry for the uniforiii kindness and hospitality wliich they have exteoded to the members of the

Cony1 t 5 k .

The rrsoliition was agreed to.

Mr. Shorter moved that a committee of three he appointed to wait
on the President and inforin hini that Congress, liavirip finished the
hr hid ~ 0 1 1 1further
~
business bcforc it, mas ready to tLdjourii uiil
comniuniie~itioiito make to the body.
Thc niotion prei-nilcd,
i\nd the C h i r appointed 11
. Shorter, C)oi-n~nd.xnd Ochiltrec as
said committee.
Tlir coininittee rctircd and again R pcwecl and reported, through
Mr.Shorter, that t h r cornmittcc had ( ischargcd the dutj? assigned it
and that the President had authorizcd thein to say that he had no further coiiimunication t o make.
Mr. FVsul nioved that thc Congrrs, do now adjourn; which motion
prevailrd;
T;lhcn,
Nr. Cohb rose and expressed his gratification and pleasure at the
rentw:il of t h kiudiicss of the body c~xpressrdin the resolirkion just
adoptctl,:md, rpturning his tharilih, dcclared that Congress wasadjourned
until the 20th day of tJuly next.

The Congress having gone into rxeciitivc scs4ion, the following

conimnnications v 7 ?re rccc4 I crl from the Frwidcnt :
10 the PTesideilt qf the C O ~ ~ I - E \ ofS the Cbyedwate ,(latPs.
3 nominate John W.Sixon, of Louisiana, late a payma+x in the Kavy of the
United State., to k a paylimiter in the Kavy of t h e Conicclernte States
late a pajiiiastcr in the Sav! of the LJnited
Geoige W. Clarke, of hrkan
States, to be a paymaster iri the r p of the Confederate State.
JEFFERSON DAVIS.

The following co~nrntliiicationwas also received from the President:

To the J2?.esdelzt o j the Congress of fiir Confedemte iStute.?:
I iioiniriiLlr George T. Sinclair, of Virginia, late H lieutenant in the Sa vy of the
United Stilttei, to be a lieutenant in the Y a ~ of
y [the] Confederate State%
James I). Johnbton, of I h l h c k y , late a lieutenant in tlie Xavy oi the United
States, to be a lieutwant in the Kavy of the Confederate States.
John K. Blafitt, of Sorth Carolina, late a lieutenant in the Kavy of the United
States, to be a liwtenant in the Bavy of the Confederate States.
Washington G;wathmey, of Virginia, late a lieutellant in the Navy of the linited
Staks!, to be a lieuteriant in the Kavy of the Confederate States.

JOURNAL O F THE

Lh,

21,~ot

Joel S. Kennard, of Alabama, late a lieutenant in the Xavy of the United Stateb,
t o be a lieutenant i n the Navy of t h e Confederate States.
Charles W. Hays, of Alabama, late a lieutenant i n the Navy of tho I-nited States,
to be a lieutenant in the Navy of the Confederate States.
Julian Myers, of Georgia, late a lieutenant in the Navy of the T-nited States, to be
a lieutenant in the Navy of th e Confederate States.
Jonathan FI. Carter, of North Carolina, late a lieutenant in the ilavy of the lJnited
Shtes, to be a lieutenant in t h e Navy of the Confederate States.
J. Pembroke Jones, of Virginia, late a lieutenant in Clie Kavy of the United State?,
t o be a lieutenant in the Navy of the Confcdcrat(! States.
John M. Brooke, of Virginia, late a lieutenant in the Eavy of the Tnited States, to
be a lieutenant i n the Navy of the Confederate States.
Williain T. Glns~ell,of Alabama, late a lieutenant i n the Savy 01 the. Inrted States,
to be a lieutenant in the Navy of t h e Confederate Stateq.
Joh11 W. Dunnington, of Kentuclry, late a lieutenant in the Savy of tlie l-nited
States, to be a lieutenant in the Navy of the Confederate States.
Williarn L. Bradford, of Alabarna, late a lieutenant in the S:tvy of tllv Lmted
States, to be a lieutenant in the Na\y of the Confederate States.
JI<;FFERSOS DAYIS

The following cominuiiication was also received from tlic lwsidmt,:

To Uic lrestclent of t h Corrgrns
~
of tlie
I nominate Richard T.Allison, o
Unitecl States, to be a payrnaster in
Samuel X. Gonzales, of Florida, to hc a quartermaster of the Marine Corps of the
Confederate States.
Ja(~o1)Read, of Georgia, late a first licuteiiant in the JIarine Corps of the Vnitcd
Stntes, to be B captain i n the Marine Corps of the Chiifedcralc States.
John It. P. Tattnaltll, of Gcoygia, late a first lieutenant in the & k i n eGorp5 of tlie
United States, to be a captain in t h o Marine Corps of the Confederate Stat
Andrcw 5. Hays, of ALabaim, late a firkt lientenant in the Marinc
United Statw, to be a captain in the Marine Corps of the Confcderatck P
Reuben T. Thorn, of Alabairia, to he a captain in the Xarine Corys o
erate States.
Alfred U. V i m Ueiitliiijscii, 01 Imiisiana, to be a raptain 111 tli
iic,ic, of thc I)i\tt ic*(of Colunibia, late a second Iieutciiant i n tlicx
M w i w Corps of tlw Unitctl States, to hr titsl, lieutenant in the Nai in(. ( ~ r i ) sof thc
CoriLecdc~rtoStafw.
Calvin r,. Rayre, of hlabnma, late 5 sc:c.ond lieutenant in the Marine Corps
Uiiitetl States, to be a liwt lieutenant i n the Marine Corps of the Confciieratt~
11. tJ:uirens Ingraliam, of South Ccmdiria, late a xcond lieutenant in the
C o r p of tlic ITnikd Stntrs, to be x fimt liciitenant in the NaiincJ C o r p of tl
federate Rtattw.
l m i c ~ nLo Conipto Dawson, of Texas, late a scconcl lieutenant in the Marine Corps
of the United Htatrs, l o be :L first lientcnant in the Marine Corps of t h r l Vo~~fcderatcl
St&%.
cond licutenmt in the Mariiic. Corps of the
e Marine Corps of the Conf(yl(xr;ite &tes.
~f Colunihia, to be a first lieutenant in the

1)rtbiid C i . Ilatiey, of Florida, to 1x3 a second lientcwmt i n the Marine Corps of the
Confeilemte Stxtcx.
JEFFERSON DAVIS.

Tho following cornmnnieation m s also received from the Prrsidcnt:

I(/ycSs (if lit(,

G~r@d(~r.ate
States:

1, of Viugiiiia, late a passed assistant burgeon in tfie y a y of

tlrc I J n i t d States, to be a ~nrgeonin the Kavy of tho Confederate States.

Franc.is L. Gal4 of (icwgia, late a pwsed :is&taiit snrgeou it1 tlle Navy of tlse Uriited
states, to be 8 surgeon in the Navy of thc Confederafe Stiztes.
IIl~.rn:ls J. Charlton, of Georgia, late an assistant surgeon in the Navy of the IJnited
States, to he a l l aHSi5talIt surgeon in tho Navy of the Confederate States.
Theodoxiux Rartow Ford, of tieorgia, to be an assistant surgeon in the Navy of the
Confederate Sjta~s.
JEFFERSON DAVIS.

May 21,lSGl.J

PROVISIONAL CONGRESS.

267

On motion, thc al)o\-eco~11111liiicalit~1~~

~ w r cI ofcrred [to] the Corniiiittee on Naval Aftair$, who reported tiieni l):tc.l; t o the Congress.
And the question being.
Will the Congress advise and con.ent to the noininations ?
It was unaniiriouhly decided in thc affirmative.
The following coiiiaiuriication w a h alvo received from the President:
*
M OLT( : ~\II: W, lircl?l
11, 1861.
Conn,
Ireszdent of the Congress
S l i t . I lime the lionoi t o submit for tlie consideration of Congress the nomination
eta1 Y of lhTrcwiirJ tranmitted here( untained in the recornnicudntiorl of the
with.
JEFFERGOX DAVIS.
Tery respectfully,

I loll

HoTVXLL

ment of Justice:
1. T. J. Ikvine to be judge of the district coiut fur the western district of Texas.
2. John C. \Vest, of JVaco, Tes., to be district nttorricy for the wcstern distri(t of
Texab.
3. J. I%. Jefferson to be marshal for the western district of Texas.
Itespectfull y, your obedient servant,
J. 1. RENJAXIN.

The question being,

Will the Congress
advise arid consent to the nominations :tl)ove corn__

municated !
It was unanimously decided in the :iffirinativc.
The folloming coiiimunicition was also received from tlic President:
~ I o X I G O X E I < > ,XUy

21, 18GI.

Hon. HOVELL
Coxn,
Prpsident of t h p Congress.
SIR: T have the honor to submit heirwith for tlic consideration of tlw Congress a
list of nominations in the*DepartmcIltof Justice.
Very respectfully,
JEFFERSON DAVIS.

268

JOURNAL O F THE

[JtaY 21, 1861.

NOSTGOVERY,
M C $1,
L ~1861.
T o tlie PRESIDEKIT.

SIR: I have the honor to submit the following nanies for iioniiiiation to of&(t ~ sin
the Department of Justice:
1. Daniel ltingo to be judge of the district court for the district of Alkansah.
2. James D. Halyburton to bc judgc of the district court for t h c eastern district
of Virginia.
3. John TV. Erockenbrough to be judge of the district court for the wcstciii tiistrict of Virginia.
4. Charles E. Jordan to be district attorney for the eastern district of Arlraii
6 . (irallville Wilcox to be district attorney for the western district of Arkan
6. 1atric.k 1. Aylett to be district attorney for the eastern district of Virgil1
7. E!cming Bowyer Miller to be district attorney for the western di. ti ict oE
Virginia.
[S. John G. IIalliburton to be marshal for the eastern district of Arkan*as
i). James M. Brown to be marshal for the western district of Arkansai:
10. John It. Wiley to be marshal for the eastern district of Virginia.
11. Jdfcrson T. Martin to bc marshal for t h e western district of Virginih
12. Kufus R Rhodes, of Mississippi, to be Commissioner of Patents.
Respectfully, your obedient servant,
J . 1. BTENJAMIN ]

The question being,

Will the Congress advise arid consent to the iioniinations i h v e coiiiniunicated ?
It was unanimously decided in the affirmative.
The following communication was also rcccived from tlic Prerident :
ExRcunrli: I ) I : P ~ R T ~JI(LIJ
I~:Y
$1,
~ ,1861.
Ion. I-Io~vctr,Conn,
J+euiclent of flre Cotzgres:
I herew it11 tiaiisiriil, for the sclvicc and consent of the Congress, tlie nomination of
Robert 11. ill. Davidhon, to be district attorney for the district of Florida, iii tlic
plrwc of I). 1. 1hlhncl, who has iivt qualified nor entered upon the dutics of his
office.
JEFE1~:RSUN 1)AVM.
3 r O N T Q O M l m Y , dluy 20, lSCil.
To the LIt ESTnENT.
SIR:I liavc. tho honor to submit for nomination i n this Department Robert 11. M.
Davlhoii, to ha district attorney for tht. district of Florida, i n t h e place 01 1). 1.
Holltind, who has not qualified nor c i i m d upon the duties of his office
Your obedi<.nt servant,
J. P. BI<X.Ji\MlS.

011

mtioii, tho nhovc, communicxtioii was referred to tho Coninlittee

wtcd it back to Congrcss.
c :md consont to thc noinina tion :J)ovc cornt l i n the :iffiirmative.

tion was xlso rcceivcAd from the President:

1 h S r with tr:nisiiiil, for tlic advicc and conacnt of the Congress, the iioiniiiatioii of
Williani 3. Austin to be marshal of the district of T t ~ a s ill
, the place of 11. lC.
k C ~ l l ~ ~who
l l ,dcclincs the appointment.
JEFF1I:RSON DXVIS.

OSIEBY,
K:

O h 1 20, 1861.

I ht\e the honor to * n t ) i i i t l tlrc. EolIowmg uoriiiiiatiori a4 11ro1xvto he made in

\Villiaiii T. Austin to I)c riirtrshal of the clibtrict of Texas, in the placc of kI. I$,
&~cCullocli,
wlio decliiicp tlic appointiiic.nt.
Your obcdierit servant,
J. 1. BENJAMIN.

On motion, the abovc corumunjcation was rcferi*cdto the Committee

on the Judiciary, who rcportcd it back to the Congress.
And the q u c d o n heing,
Will the Congrcss ttdvisc and consent, to the nomination above coininuiiicated ?
It was unanimously dccidcd in the affirmativc.
There hciiig no fiirthcr
tive busiims, thcl Congress resuined
thc coiisicleration of the bu
on the Caleiidar.

rm

CONFEDERATE STATES.

~iiiiw
~cssio~v,
.J( Y,

17

[r(;K

20, m i , yo .I

~ ~T i ~, 6 1 .

I h a i r ~ o ~ \ . VA.,
r > , J d y 90, 1861.
OPE\ sESsIoN.
111 pnrsanncc t o n notice of ndjouminent, Congress met a t the Capitol in the city of Biclrniond, S h t c of Virginia, a t nooil on the 20th day
of July, and WI; opened with p r a y r hy the RCT. Dr. Samuel K. Talnindge.
Upon :L call of the roll, L: quorum being present, the President
announced the Congress organ izcd and ready for business.
Mr. Hrockcnbrough of Virginia announced the prcscnce of Messrs.
,Jaiiws
Stdtlon, TI. 12. Prestoti, IVilliam 11. i\llac.farland,Charlcs W.
lhi~-ell,:uid 1tohi.t .Johnston, additional Delegates elected froni the
ihjtafc o f Virginla, who ttppearccl, wcrc qualjfied, :uid took thcir scats.
Air. looiiil~so f G w r g h announced tlrc presence o f M c ~ s ~ sGcorgc
.
T ) a \ is, X.JY. .I\, ?Ir. S. IT. Smith, I?. McDowcll, A. TI. Vcnnhle,
,J. nr. ;4iol*e~lctld, 1. PLII~C:LI*,
and A. 7. Dstvidson, Dclegatcs from
the StiLtc of Koi.th Carolina, w h o :~piwar~d,
wore qidificd, :and took
t lic i r mit s.
011
iriotioii of A h . fcrliins of Loiiisiati:L, :i coiiiiiiittcc of three wcrc
:iplx>irttcd to wnit i i p o n tlic lw.;idcrit, to itiforifi him th:Lt Congrcw
ion ai:d p ~ q c d to receive any coiiririunicntion he might
dcciii p l o p c r to uialrc.
hair :iniioiinced tlic following tis the committee, viz:
. icrkinr of Louisiana, 13rockenbroug.h of Virginh, :uid
,John.;on of ,irlixiisas.
Ah. Tootnhs, from tlic Committee on Wajx a n d Means, rcportcd a
bill cntitled
A /)ill to l)c eetitlcd
..ilii act to anthorizc tlrc. appointinelit of :Lgcnts
to sigii Treasiuy note,.:
which w:is rend the first t r n d \eoond tirncs, cngrowd. re.:ul the third
tirne, mid pasml.
311..
P o i kiris, o1i:Lirnlnn of the coimnittm appoiritcd t o wait upon the
Pwiident, reported that thcy had discharged that duty, and that the
President would communicate with Congress in writing.

271

272

A lllessage .ilias
Private Secretary,

JOIJSNAL OF THE

[Jnly 20, 18F1.

ivcd froiri thc President by the l ~ a n c lof~ his

Josselyn; which TYRI.~rend, RS follows, ~ i z :

To the Coirgress ojtlie Co)o,LSederaleStates ql,Itrierica.

GENTI,E>II:X:biy lnessage, addressed to you at t!ie coinmencement,of the yession,
contailled sach full inforniation of the Ptatc of the Confedrracy as to render it
unnecessary that I should now d o inore than call > our attention to suc1-1i~ilportant
facts as have occurred during the recesq, and to matters connected \C it11 the puk)lic
defense.
I have again to congratulate you on thr accession of new ntcmbers to OUT Confederation of free, equal, and bovereigii States. Our loved and honoretl brethren of
North Carolina and Tennessee ha\ e consuniinated the action, foreseen and provided
for a t your last session, and 1 have had the gratification of announc.ing, k)y proclamation, irl coiiforniity with law, that those States were adinitteil into the Confederacy.
The people of Virginia also, by a riiajority previously unknown in her Iktory,
have ratified the ac*tionok her conveiltion, uniting her fortunes mth our*. The States
of Arkansas, North Carolina, and Virginia have likewise adopted the pcrriinnent
Constitution of the Confcderate States, aiitl no doubt is cntertaincd of its adoption by
on to be hcld w r l y next month.
e to d 1 rcct the rcmoval of the s e ~ w aExecutive
l
l)cpartinents,
this city, to v;hicli you had reino\ed the sent of government,
ilrlnietliately after your atljourniricnt. The aggrebsive niovenients ot the encxnly
required prompt and energetic action The accninnlation of his force3 o n the lotornae sufficiently dernonstratecl that his cffortswere to be directed against Yirginia;
and from no point could the iiecebsary meayures for her defense and protection be so
efficiently directeti as Iron1 her o i ~ n
capital.
The rapid 1)rogrczsof events for the labt few weeks has fully sufficed to strip t h e
veil behind which the true policy and purposes of the Government of the United
States had been previously conceded; their odious features now stand fully revealed;
the message of their Ircsitlcnt and the action of their Congress during the present
month, cotifem tlic intention of subjugating tlicse States b y a n ar, whose folly i s
cqualctl b y its wic.licdncc?s;a w i r b y wliicli it is impossible to attain t h e proposed
result, whilst its dirc oalninities, not to br avoided by iis, will fall with double
severity 011 thcniselveu.
Coiriiirenc.in~ill X1:trc.h I&, with :ti1 affcctation of ignoring the secession of t h e

l h l e r ( * o v (of~ this iinfonndeti prctense that the Confederate States arc the assaila~lts,that high fnnctionary, :tIicsr cupwsbing his concywi that some foreign l~atiorls
I had SO shapcd their action at3 if they supposed the carly ticstruetion of our National

July 20 IRA1 1

PROVISIONzZL CONGBISSS.

2.73

war, rapine is tlie rnlc; pril ate ie~idenccqin peaccfiil rural retreAs are boiiibarded
consunled b y the tor( 11; and 15 hen the torch
a i d burnt; g a i n cropP in tile field
i q riot convenient, careful labor is
011 ed to reiitlcr coniplete tlic destruction of
riing in piivate dwellings after their inhabitel ery article of w e or oi iianieiit r
ants hm e f l t d from the ontragcs of R Iiriital soldiery.
In 1781 ({reat 13ritair1, when inrading licr revolted colonies, took pw6essioix of the
rery district of country near Fortress &Ionroc,now occupiecL b y troops of the United
States. The houses then iiihal.ntcd by the pcwplc, after I~ciiigrcyectctl and protected by a\ on ed inratlerq, arc IIOW pillagccl :mtl clcqtroyc.ti b y nicn TJ 110 prr.tenil
that the victiirv are their fellov -citii.eni
3IaiiBiiitl \\ 111 ~hiidtlcrto h t w the tnle- of outrages coiiiiiiitted on tlufeiibelebh
feina1t.s 1 ) soldiers
~
of tlic 1-nitetl htatcs no\\ iin A
lionles. Yet t1ie.r ontrages arc ~ I o n i p t c ~1)y
i I infl:uuctl Im.ions and tlie 111
intoxicatioii. 13ut wlio

ofkicer ha\ ing control of the p11koner8. To this c>ritl I cli~p.\1vIicd an ollicrr to hilt1
under it flag of truce, and i n miking tliv proposil L iiiforiticcl Iiubitlrnt Lincoln of
niy resolute purpose to cliec k all barbxritirs on priwlwry 01 n ar by hnch hcrrrity of
retaliation on the prisonerf IitxItI hy 113 :I
i ~ r ctho abantlonnlent of the
practice.
This coiiiriiunication I\ as ieceix eti niiil lead 1)) tlie offic,c.r in comtiiancl of thc . h n y
of the Ciiitcd Plates, and a message war brought from him by tlie bcarcr of my coin
iiiuniratioii that a rvply 1% ould be rctnmed by lrccident Liiicoln as soon a 4 pqssible.
I rarnestly hope that tlris promised reply, wliicli ha.: not yct b r e n reteiwd, will con~ e the
y as4urance that prisoner3 of war TT ill be treaied, in this nnhappv contest, nith
t h a t regard to humanity lvhich has mado such conrpicwous 1)rogrcssiii the conduct
of modt:rii warfare. A s a mpasuie of prrcaution, however, and until the proinised
reply is received, I still retain in close custody some officers captured from the enemy
c J-VOL 1-04-18

275

PROVISIONAL CONGRESS.

13ut tis not alone iii their prompt pecuniary contributions that the noble rare of
freenien who mhahit tlwke StatCS e\ ~iiccho\v \\ orth
tlie liberties -\Yhich
they so well know k i m 7 to cL&md. I n rintni)t2rs fa1
hose authorize(^ by
Voiir l a ~ tvh~y hRue prCwd the t c w k r of thc.11 sti
the eiieni
Their
ittitudc of caltil and sublinic ( l e i otioti to tlicir coini
aucl confident cowage n ith rrliich t h y are alieady prq)a1ing to meet t h e threatened in\asion i n \$-hatever proportions it niay assun~e,the assurance that their sacrifices and thcir services
uill be renencd from y a r t o y e n I\ itti urifalteiiiig purpose until they have made
good to the ritteririobt their rig
OT c~rnri~crit;
the generous and almost unqocstioniiig coiifidenc c M liich thcy
their (iouernnient during the pentling strugich a3 the orld lias rarely if ever seen.
gle, all coin1)iiie to prehent a
,so uriited aid detcmiined, i~ to speak a lanm To rr7i.t attdcle on tlieir iiplits or their liberties
I( t
\Vhc.thci ttii3 n a r shall last o m , or three, o r five years is
t o b e >ol\cd I)v t h e eneiriy alone; it 71 ill last till the eiietriy
froin tlivir borders-tlll their political light\, their altins, and
shall have with
f i o i i i i n \ asion
Theti ant1 then only n 111 t h c % rrest iioin this
thcir liorncs R I (
Me-sinqs TI hich M itli t h e fa\ or of Providence they
have mcured b y thc aid of their own strong lieart,. aiid ~ t u i m
d i~i s .
JEFFEHSO S 11AVlS.
Ill( 1 r n r o \ n , J l l l ~ /do J<S61.
7.

On motion of Mr. Vigfall of Tcxas, 5,000 copies of the Presidents

message and accompxiig.uig dociuiiicnt s m e r e ordcrcd to
MY.Kcitt nio\~ctlt h t tliv 4iil)jcct o f a printcr to Gong
to tlic Coliiniittcc 0 1 1 Printing; liicli niotiou \\-a+ agreed to.
On iiiotioii of 311..Il(~iilpl1illo f I(xxi)b,
Congress then ad jotirncd to 12 oclocli on Monday.

tight iieltl.

Om. force? h a w moii R plorions victory.

era1 miles from our field^ o r k , oiir force riigagcd thcrc not cscrctliiiq 15,000; that
of the enemy estirriated at 35,000.
J1SkFJSiihOF T)AVIS.

276

JOURNAL OF THE

[July 23,1$61.

Mr. Memminger of South Carolina then offcretl thc following resolutions, to wit:
ResoZwd, That we recognize the hand of t!ie 310s: High Goti, the King of Kings
and Lord of Lords, in the glorious victory with whlch Ile hath crowned our arms a t
Manasas; and that the people of these Confederate States are in\
services on the ensuing Sabbath, to offer up their united thanksg
this niightydeliveran6e.
Resolved, That, deeply deploring the necessity which has washed the soil of our
country with the blood of so many of her noblest sons, we offer to their respective
families and friends our warmest and most cordial sympathy, assuring them that t h e
sacrifice made will be consecrated in the hearts of our people, and will there enshrine
the names of the gallant dead as the chainpions of free and conbtitutiond go\ ernment.
ZZesokvd, That we approve of the prompt and patriotic darts of the innyor of the
city of Richmond to make provision for the Fonncled, and that a coinmittee of one
member from each State be appointed to cooperate in the plan.
Resolvetl, That Congress do now adjourn.

Mr. M'illiani Ballarc1 Preston of Virginia announced thc prcsencc of

Messrs. Rohert I<.Scott and Walter Preston, Delegates froni the State
of Vir inia, who ctLnic f o r ~ a r c l ,were qualified, and took their scats.
Mr. h i d s o n of North C'arolina iiiinounced the presence of 3fr. 7'.
McDowell, a Delegate from the State of North Carolina, T T ~ Oc;~iiie
f o r w d , was qnalificd, and took his seat.
Mr. Shorter, from the Committee on Engrossment, reporkcd 8 s correctly engrosscd and enrolled
A bill to authorize tho appointment of agents to sign Treasury notcs.
Tho resollitions offered by MF. Bfernminger were then talien up and
unanimously passed.
Tho Chair announced the following as the comniitteo iuidcr thc
third of Mr. Memminger's resolutions7. to wit:
Mcssr~.W. El. Macfarland, of Virginia; A. W. Venablc, of North
Carolina ; .J%LmcsChcsnmt, jr., of Sout,h Carolina; Jackson Morton, of
Florida; Thornas I<. I<. Col)b, of' Georgia; Wicholas Davi,, of hlahainn; ?J. T. ETarrison, of Missiriippi; Ilenrg Marshall, of Louisiana;
A. 11. Charkind, of Arltansas; W. 13. Ochiltree, of TUXSLS.
The Chair than doclarcd the Congress adjourned until 1 2 o'clock
to-morrow.

TkllltD DAY --'I'UESl>AY, ?JULY 23, 1661.

O P E N SESSION.

Congress met pnrauant to at1journrncnt, iirlcl mis opened with p m p i

by tho l b v . Mr. EIogc.
A quorum bain p prcscnt, tho tJournnl of ycstcrday WRS read.
M 1'. I-Ii~nteroISirgini:1:uirioiincc'ci tlic prcscnce of Thomas 8. Bocock,
ZL Dclcpi1 o froin tho Sitate of Virginia. who appeared, was qualified,
md took his sctit.
MY. JhLvidsoti of North Carolinn, announced the presence of M r .
13iirtoii ( h i g t , :L Delcgyte from the &)ate of sort11 Carolina, who
ap ctired, WRS qudified. :md took his scat.
fi;r . l'crlti n s of Louisiana ofFcrod thc following preamble and resolution; which mere read, and, on his motion, referrecl to Committee on
Finance:
Whereas the Governmcnt of the United States i s exerting all its energies and
employing its Army and Navy and cverp agency withln its po\ber to prevent t h c
exportation of our great staples-cotton and tobacco--to any other country except

277

PROTrIBIONAL CONGRESS.

Jnly 23, 1861 ]

through its pelts, or by its peniii~sion,thereby

the complete commercial

uutrial and iiiaiiufacturing
cts to he ilepeiident lipon

Nr. l'crliins of Louisiana prcmited a mciriorial containing suggestions tis to thc linnncitL1 resoiircch of' the Confedcrate Stztcs; which,
upon his motioti, was rcforred to Clommittw on Finance.
JIr. Harris of SIi4wippi presented n mcinoriwl towhing thc public
seri ice; v-liic.h, iipoii hi\ motion, wa5 referred to the Committee on
Finance.
A h . Ochiltrcc of 'l'cxns ofiercci the following rcsolution; which was
%greed to. x-iz:
That the Coiiiiiiittee 011 Fiiiancc be instructid to iiiqiiirr into tlie expediency of
suspenciing tlic collc~-tioiiof all duties
1 1 0 1 i~ n foict' 011 goods,
arcs, xiwehaIidise, aiiti c.oiuiiiutlitics
lintwerer iniported into
these CoIifcdernte States diiriiig the
wit M ar, i~11(1 that they
report at an early clay 11y bill 01 other

Mr. Hires oi Virginia prchciitcd the memorial of Samuol Jones,

late captain in United State:: ,\rmy. now 1ic.utenant-coloiIcl in Provisional Army )rag iiig piyincnt of n i o n e p d ~ him
~ : for services by
1:nited States ' bo.i-crnineut, out of fnnds taken iii ca&mi-honsc at
Richinond, lipon secession of State of T3rginia; whidi T ~ S on
,
motion
of Mr. Biveb, referred to Committee on Alilitary Mslirs. '
Congress then went into secret hcssioii.
SECRET SESSION.

into secret session, two reports on unadjusted

iori arid d c of furniture w ~ r rc c c e i d fi*om
,J. ,J. Ilooper, Sccretn , and rcferred to the Connnilleo on Accounts,
311.. ICenncr of Louisi:tna offcred thc following resolution; which
was t:tl;en np. rc:td, and agreed to, to wit :
e ~ sof the Confedernfeh"ttrctes of America, T 2 ~ dihc Secretary of
to 1)urc-lia~e
iii v Iiundrctl clollarq' vortli of htatioricry for the

ti

tliv :iiiiount aircwly parchawl by hiiii for the present sessioii

of 11ie ("uiigrew.

Mr. St:iplci of Virginia ofl'crcd tlir followiiig resolution; which was

t:~keiiiq). i ~ n i l :uid
,
agi*ccd to, to wit:
t' Coimiittcc 0 1 1 l'o5t:il Affairs iiiquire iiito the crpe(iieiicy of prolie traiisniihwn of pickages itlid letter8 to aiid froin tlie ofliwrs,
ales in the servicc of the Confederate St:ttrr trw of postap.

On motion of Mr. Cobb of Georgia all

ordered to hc p i h t d for the ubc of Corigr
Mr. Stcphctis of Georgia offercd thc following i*esolution; which
wns t:Ll<eii up. rond, a n d :igi.orci to, to wit:
Rraolz ed, That the members of tlie standing coirilnittrclq of Conprc-4
nine, and that the Chair fill them up at hi5 leiwre.
'I'hc Chair prwciited thr report o f tlic S e c r o b r ~01' tho

rnistd to
'~'~(Y~swJT,

with accompanying schednlcs; which were rend arid referred to the

278

*JOURNAL O F THE

[July 23 1861.

Conllllittee on Finance, with instrnotioiis to have such portions of the

Same printed 8 5 said corninittee niiglit deem n
sary for the uw of
Congress.
The Chair presentetl the inemorial of Dickinson, inventor of a. steam
gun; which, on motion, was referred to the Committee on Naval Affairs.
Mr. Waul, at the instance of the State of Texas, moved to reconsider the inotion passed t o refer the report of tho Secretary of the
Treasury t o the Committee on Finance, with power to p ~ h such
t portions of same as might be iiccessary for the use of Congress.
The motion
lout.
blr. Shorter of illahaina, at the instance o i the Sitate of Alabama,
moved to reconsider the inotion referring the report of the Secretary
of the Treasury to ihc Conimittec on Finance, with power to print such
ortions of same as iiiight bc ncwssury lor the iihc of COII~TCSS,
and
gemarrded the vote by St:ites; -whichwas taken, and resultcd as follows,
to wit: Yeas 4, nays 5.
The Ytatcs voting i n the :iflirnii~tivearc: hl:d):tma, Floridn, Georgia,
and Tcxas.
Those voting i n tho negative arc;: Arlmiisw, i?Iishissippi, S o r t h
Carolina, South Carolina, and Virginia.
The vote of Louisiana was divided.
So the motion to reconsider was lost.
Mr. Cobb, chairman of the Committee on Printing, m t d e thc following report; which was received, to wit:
llic coinniittce find, upon investigation, that the resolution of Congress appointing
a printer extcndcd only to tlie tiiiic the Congress should sit at Montgomery, Ala.
Furthc,r, that, the printc.r of tho last session has iiiatle 110 arrangerrielits for the
printing o f the l)r(went scyion. Thcy tlwwfore recommend that Congress do now
procoetl to elect a pinter.

MI.. Conrad movcct to anlend by inserting in licu of the words do

now p r o c e d to cllcct, :L printer thnt the election of printer bc made
the special O J ~ Wfor 1oc1oc:k to-nrori*ow; which was h t .
r i
1110 original quostion, to wit, that Congress do now pi*occedto vlect
n priiitcr, was piit a n d caix+d.
Upon a, vote by SttLtcs ten Stiites voted as followb, to wit:
For tJdiii &I. I)tuiiol, thc Stutcs of Miwissippi, X w t h Cmilin:i, Sonth
Ctrolina, .AIt~l):iiii:i, %lorich, : ~ n dVirginia.
For rylcr, Wise & AlIcgrc, tlic State of IcXiLs.
For W. JV, I>utln:L\.imt,tho States of Ar1~:iiis:w:~ndGeorgi:i.
llro votc of the Sb~t,co f I,o~iisititrawis dividcd
Wlteroiiporr, JoIiii M. l):iniel, hiving iwcivcitl :L nisjorit,y of the
t, + R ~ S d(c4l:LI*(\(I l)y thc Ch:iii* dilly (~lcctcdpyiilter to the
M L.ConriLd o f 1,011ii:in:i o f F t ~ i . c ~;LI i.c.;oInlion to apljojnt ;L co11ilnittee
to ioquirc inlo t \ w i ~ i l i \ b c ~of
r :~iiit~
: l i d inunitions of ~v:iy distribrlted
to tho Rrllly wid n o ~ vi n posscssion of tlic Governincnt; which \vnb
re:uI nnct pltlcYYt on L h P C1:llrlld:u~.
On triotion of MY.lihttt, of South Cardin:i,
( ~ I I ~ W Stlltn
S
:itljo~~rncd
Iintil 1%ocloclr t(~-i~~()r1y)\y.

JOURNAL OF THE

[ J u ~ v25, 1861.

natural exultation for a glorious victory, acliieved by our arms, is checked by t h e

heavy loss sustained by the Confederacy in the death ot one of h e r m o P t efficient
counsellors; and that,
his colleagues, we feel a peculiar loss to ourselves in one
who had won our esteem and gained much of o w affection.
Resol?ecl, That with pleasure we record our admiration of his heroic d c h w e on the
field of battle; of the action of this Congress in which he participated so largely; and
find some consolation for his death in the conviction that his noble self-sacrifice will
s e n e to establish the work which he so boldly aided to begin.
Besolved, That we appreciate the loss which Georgia, his native State, has sustained
in the death of one of her noblekt sons, and that me tender to the bereaved family
the sympathy of hearts to sonic extent stricken by the sane blow v hich has cruslietl
their own.
BesoZved, That a copy of these resolutions he comniunicated to the family of the
deceased.
ResoZved, That in testimony of our reppect for 111s ruelnory the Congress do now
adjourn.

Mcssrs. Hill of Georgia, &son of Virginia, and Chesnut of South

Carolina having seconded the motion of Mr. Cobh, the Chair, upon a
taking of the vote, declared the resolutions unanimously adopted: and
the Congress adjotiriied uiitil 12 o'clock to-morrow.

FIFTII DAY-THUIZSDAY,

tJ

ULY

d5, 1861.

Ol'EN SF:SRIO\'.

Congress met pnrsuant to adjournment, :iticl,was opened with prayer

by tl1e Rev. Mr. Ware.
Mr. Venablo of North Carolina announced the presence of Mr.
Thomas Ru&n, a Delcgatc from tlie State of North Carolina, who
ap czrcd, \v:is qiinlificd, a r i d took his sent.
Gtirland of Arliansns offcred the following resolution ; which
was unanimously agreed to:

&;*.

N ~ ~ a o l v cThat
d,
tho Swretary be, and lie i s licreby, directed th have, as soon a p posfiiblp, t h e 1)roccwlings of Congress on the announceineat of the death of the Honor
able Fraiwis S. Uartow, together \r.ith tiit! several speeches made on thc occasion,
priiitcd in pamphlct form, a n d tlixt hc. ca~iscthree thousand five hundred copies of
the same to be grintccl for the i i s o of ('ongreis

Mr. Sioith of Aidmnis offered a nsolution instructing the Judiciary

Coininittea to 1v:port a bill auictiding a n act approved May 21, 1861,
cntilled " i h :xt to :tulhot~izc!cc3rtiiti dchtors to pay the amounts due
by tlicrii itilo tlw r l ' r ( w ~ r of
y the Confccleratc States," so ns to provide
p i d t i w 01, t)hc violtltion o f thc pro\ isioris contained in said act;
wliic.11 W:LS ~igrncdto.
MY. Ilill of Gcoi-gia o f f o r d :L heries of rcsolutioas from a meeting
in Gcorgi:~;which w o r ~~*cfet*retl
to Conimittce on Fitiatl(~c,without
b&g r ~ a d .
Rlr. 1<ci111cro f I m i i 4 i i 1 1 :offcwtl
~
rcsolutions instrncting .Judiciary
Coirittiit Icc to inquire into the cspedicncy of reporting a genentl confisaitioii hill; wiiic~hm i * c agreccl to,
M r. l'crkinr o f Lo~iisi:inapresented n letter f1.om r:tilroad companies
in Virginia, agrwittg to trtuiqiort sick :itld ilisahled soldiery; \+hich
was refcrrtd to Coitirriit,tcc o t t jklilitary i2tf:tirs.
MI..
L3rooltc of Nississippi pi*esctlrtciln coiiirnurlication from a citiZPII of How 0rlc:uis on subject of fiii:incc: which was referred t o
Coniinittcc? on Fin:~nce,without l*cltLdir1g.
Mr. Miles of Soul11 Ctlrolina presented i~ ineiiiorial from Messrs.

J u l 25,
~ Iwl.]

PROJISIONAL

COXGBESS.

281

Edg:rlrion & Richards, of South Carolina, pi*sying amendment of the

pnteiit la\\ : \\ I i i c b h was ~ e f ~ r r etod Cominittcc 011 iatents.
Mr. Scott of Virginia pi-e\entcd R iiiciiiorial of ITctiry Clay ]ate, of
Virginia, pra>-iiigwmpciimtion for hervices renilerod * Wise Legion
tcr and conimis.;ary: nliich was referred t o the Com-

Mr. Elusscll of Virginia offered :I resolution instructing the Comiiiittee on Finance to iiiqiii1.e into the expediency of :tclju\ting the
accounts between the st\ rral State, arid the Confcdcrntc Gorcmment
for expenditure, in:icle for thc war; which wxs n p r c d to.
A niessRge n:i\ rcwivcd froni the Ircsicleiit by the I m n d ~of his
Private Sccret:u.y, JIr. Jo,sclyn. cnFing that 1 1 ~had on ycqtcrday
appro\ ud tilid s i g r i d
An act to authorize tho :tpl)oiiitincirt of ngent;i to sign Treasnry
notes.
The Clinir presented a coinniunicatio~ifrom the Stcretsry of the
Treasury iii rcfcrciwc to donations from certain vhiirches, with the
amounts contributed by the acveral chiirches, in an accompanying
document thereto, xiid contnining :in estimate for zqqiropritttion of
money to bc cxpciidctl i l l ~Jellalf of the ~ ~ o u n d eat,d Jlaiinssas; which
was Islid on the bible m d ortleretl to be printed.
AIr. Aleiiiiiiiiqyr of South (nrolinrt offered rcsolntion in relation to
certain doiiatioiii ti.oni cliiudics; which n : ~ -rcad the first : ~ n c lsecond
tinies, enrolled : ~ n dengrozsed, read tliirtl tiiiic, tind l m ~ X 1 .
COIIglelS thcn reiolvcd it- elf into sccrct s c s h n .

Congress hsving ret olvcd i t d i iiito secret session,

The Chair prcscnted a communication f roni tlic Escautive Departiu:rInt, timsmittiiig to Congiws the report of the Secretary of \Tar
and acconpnyirig docnnients; wt.iiich ~ v e r emid and rcfcrrcd to the
Cornniitt~eon JIilitary hflairs.
The Chiur presented a communiccLtioiif1.0111 the Exccntivo Ikpartmcnt, t i m m i t t i n g t o Congress the report of the Sccretttq- of the
Kavy and xcconipnnying documents; which were read ~ l i d~ f e r r t dto
the Coniniittec on Na.iral Rffztirs.
age f i ~ n i itlic Executive I)cpartment,
ti-anxniitting to (otigr(~i,tho rcport of thc Secretary of the Ircrtsury
nncl :icc.onipaiiyrrig docuulciit~: \vhic~hm ~ rcad
r ~ and rofc~redto the
Coniiriittcc on I~ r i : i t i ( ~ ~ .
Mr. T. 1%.It. Col,l) of Georgia prtwntcd :L lcttcr fro111 Jolm &
Ilanicl, dcclining t h e oltiw of h h l k lrintc~i.,and niovcd th:tt Congrt
procwd 011 to-morrow :it 12.30 ot410(~1<,in serrct .cision, l o the C ~ C Y tiori of a printer; which niotion .v\ as agrccd to.
71111. Shorter of Aln\mua prcicntcd t IR :wc.ount of \\7hite. Ytistc.1- &
Co., of 3lotitgomrry, A h . , against Confedercktc States; wliicli ~ v a s
refci red to Gominittee on Cl:Liiii\.
MI.. T. It. R. Cohb of Georgia offered the following rcmlutioii, \iz:
re Confccdrrtute S/j(nlesof Amncct, That IT. 5. IIutchi

, be allou ed to substitute A. 1% Lamar a- Jounial Ci(

in thc Army, and that *said Lamar be authorized to

draii the pay of Faid Hut( hins and alro his a1lowanc.e lot trailsportation froin M m t goirier y to IW imond;

which wv8s agreed to.

282

.TOTJRNAL O F TEE

[July 25, IRFI.

Mr. TCenner introduced

A bill to authorize tho emission RS 1-equired of Treasury notes to :in
amount rlot exceeding in the aggregate one hundred millions of dollars, and to provide a war tax for their redemption of one-half of one
per. collt on all taxable property in the several States of the Confederate
States of America, as devcribcd in their last respectire assessirlent rolls,
and for other purposcs;
Tvhich was read the first and sccond times aud referred to the Cornmittee on Military AEnirs.
Mr. Harris introduced
* A bill to extend the provisions of an act entitled "An act to prohibit
the exportation of cotton from the Confederate States, except through
the seaports of said States, and to punish persons oifcndirig thcrciri,"
approved May 21,1861;
which ~vasread the iirst arid sccond times and referred to the Committee on Finance.
)fr. Craige prescntcd :L communic:~tionfroin \?r. F. Strangc i n rclatiorr t o tho mint in Cht~rlotte,X. C.; whicb was r c f e r r d , nilhoiit
being reiitl, to the Committee on F~I~:LKu:.
Mr. Avcry presented a coniiiiunicatiori from \VilIi:m ,Johnson in
refcrence to tho samc subject; which was also wfrrred, without bcing
rend, to tho Comimittce on Finance.
MY.hvcry introduced
A resolntion in relatioil to the First Hcgiinerrt of Sort11 Carolina
Volunteers ;
which WRY read the first and hworid titiics xncl wfcrrccl to the Coin
on Mi1itRr.y Afftiirs.
MY. Avcry :11s0 preserrtrd :L riiciiiorinl froin Capts. C. 31. Avery niid
William ,J. IIokc i n rrfcrcncc to tile First Regiment of North Caro1in:i Vo1utrteei.s; whicli 1 ~ : ~rcl'crrc4,
s
without being rend, to the Coinniitt oc oii i\ilil j t:ny A i h i 1.h.
itli-. Sliortet*ol' A l : i h i n : b rnovctl t cconsidcr and rcfer to the special
coiriiriitleo the rcsolutiot~p;i,sml on J tc>i.daji n rclatiori to thc wounded
which inot ion ~ i i ag
s
~r of R1:htnn ~ u o v r t lto i*otmsidcrthe resolution pused
to-tiny i n relation to thc woundctl :it ;1I:L1i:was and to refer the stiuic to
ormiittoe; which tilotion W A S :igrced to.
n of MI.LLhctt o f Roatli Carolinn,
tlit:n ndjoiirttcd iintil 12 o'cIock to-iiiorro-vv.

by t h o I'rwitlcnt o f tlw

("011

S L I ~1 :Ilclti.\)yt l a n h i n i t , for tlic ;ttlvicc~and cwnsent of the ('onqrcss, t h c nomillation

of iL)l)('pt M 1'. I L I I J I ~ P ~ , of Virginia, to 1 ) St.c-pc.tary
~
of Stat(,, in tile ylacc

'I'onin\)s, rc>sipiwtl.

Itobelt

.I l ~ l ~ F l ~ I ~
l)h\'IS.
sos

1~0tiollof MY.Kritt, ~ I I C~ o t i g r e s surianiinouhl\- ncIvi\e(j and

to tlic rioliiirlt~ti011.
I he Chair t~lsoh i d bcforcl tiir Clongrc.~n conimlulicatiorl frorrl the

011
W ~ I S Cn t ti1
r 7

J u 1 2G,
~ 1861 7

PROVISIONAL COBQK.ESB.

283

President, transmittiiig. for tlic taclricc and consent of Conyress, a list

of appointments for i ) o 4 i i i > i
rerally designated, viz:

ville, Teiin. ; Willjain 11. Orittendm, Holly Springs, ?21ss.: Owen L. Cochran, Houston,
Tex., George T. Cook, Raleigh, N. C. ; Samuel IE inley, Tuscunibia, Ma. ; William
H. Eager, Bclnia, hla. ; Joseph C. Guild, Tnecalooia, Ala. ; TAoyd Bov ers, Mobile,
A h . , Thomas E. Jordan, R r i i w d a , Fla. ; J. JI. Reid, SPITOrleans, La. ; Miles Naqh,
Tallahassee, Fld.; Janicb T. Porter, Sapoleon, Ark ; JYilliain 11 Iope, l i t t l e Rock,
Ark.; Henry liunsielrer, Shrereport, La ; IVilliam IIowell, \Iarion, hla. ; JC, Richardson, Albany, Ga. ; William Woods, \ladison, Ga ; Thoinas Crawfortl, Athens,
Ga. ; H. JI. Jeter, Columbus, Ga. ; J I C. Gallav.av, Memphis, Tcim. ; Reuben T.
Thom, Fredericksburg, Vs ; Xartin A . Rowdoin, -Griffin, Ga.; William 13. Bass,
Petersburg, Ya. ; TVilliaiii J Windham, Ilnntsville, Ma. ; \Villiani JIcXulty, Georgetown, S. C. ; Williaiii Wertcnbnker, University of Virginia, Virginia; G. 13. Graves,
Winchester, Va ; L. Id Stevenson, Staunton, Ta.; John I<. Cooke, Portsmouth, Ira.;
A. ill. Vaughan, Norfolk, Va. ; George Sandoe, Abingtlon, Va. ; John A. Smith,
Florence, Ala ; Thomas F. Ilnnkctt, Lexington, Va. ; William M.I<eblinger, Charlottes.i~ille,\a ; .T. C. Stevenson, Sewbern, S. C. ; ,James G. Cook, Fayette! ilk, 8 . C.

The message and noiiiiimtions were rcfcrred to the Corinnitttc on

Postal Affairs.
Tho Chair also laid before the Congress ti communication froin the
President, trnnsniitting, for the ad\ icc :lid consent of Congress, a list
of appointments for judge6 and marshals and :tttorneys for the districts
severally designated, viz:
1. iisa Biggs to be judgc of the diqtricat of North Carolina.
2. Chandler C. \rong~xt o bc xttotnry for the district of Florida
3. &orgy IT.
Stiong to 1 ) t ~attoiney for t h e dietrict of Sorth Carolina.
4. J c v x 13 Clenieritr l o I)(. niarchal of the district of Tennessee.
<7 .J. 0.IZaiimy to
attorney for the dihtrict of Tennessee.
6 \Vwt 11 TTnniphreys to be judge of t h e district of Tennessee.
1 x 1

7 Wc~clcyJones t o lie marshal of t h e tlirtrict of North Carolina.

which was referred t o the Committee, or1 the tJudiciary.

Congress resolved itself in secret msion.

Olli:N Sl~:ss10U.

Congress riict pursuant to : d j o u r n l t i c ~ i i land

,
W:LS opened witn p m ~ - e r
by the Ker. Mr. Pctcrkin.
The Chair prexcnted a coinmunication froin t h e moderator of the
Plorth Carolina Cliowt~nBnptist A?soeiation, togcthrr with a. series of
resolutioiw p s w d by that h d y ; which, upon motion of Mr. Wright
of Georgia, wcrc ordered to bc sprcad lipon the iniiiutrs of Congress,
iiiid are 8 s follows:
loxl~-Oal~~rcc,
K. c., X / H / I G , 1st;i.
TIon. l I o ~ v m r ,COIW.
SIR: i n accordance with the instructions rontaincd in the inclosed resolution^,
adoptetl bv the ,\ortli Carolina Choman Baptibt Association, I rerpectfnlly transmit
thein to $xi as President of Confederate Congress. This aseociation of Clirjstims
represents 52 churches, embodying a membership of iiiorc, than 10,000 men and
women. Tliere rcsulntions passed the body rulanimously and breathe forth the
sentinleiits of an undii idctl wnstituency. I n trnnsiiiittinp these resolutions to you,
and through you to the Congress of Confederate States, suffer me to express I ~ Y

284

JOURNAL OF THZ

[July 26,1861.

hearty concurrence in the positions therein assumed, and if our Jr-oald-be opprePenrs
continue to deny to us the rights of a free people, and nothing but the arbltralnent
of the sword Can settle pending difficulties, may the God of battles hc in our midst
and give success to our army.
With sentiments of respect and ccteem, believe me ever, ynnrk,
G. C. MOOHI.:, Jfotlerntor.
Rcsolutlonq &opted by tile Chowan Baptist Association, of the StalC 01 i\Orth
fifth annuill Scwmn, on 16th day of Ma>, IS61

C~lr011114 ? L t

its fiftp

(1) fiesobed, That this body concurs in the suggestion of the Georgia Baptist State
Convention to his excellency President Davis that he set apart and recommend to
tile people of tlie Confedprate f+tes, of n hich OUT o\\ 11 Cor~imoi~\vralth
is R O O I ~to
becol1le a inember, a da of humiliation, fasting, and play that God in His mercy
may avert fro171our laiidttie evils of mar, and 111 case our nfnlnees deinands chastisnne~ltthat our armies may achic\ c a speedy, honorable, and lasti~lgvictory.
(2) Itesol/3ed,That this body disavows all claiin to binding authority whether in
mattrrs temporal or pir ritual. and that we as the free citizens of a ~oinn~onnealtli
declare ollr confidence in the justiccl and inoderation wh1c.h have hitherto charavtcrized the Southern Shtcs. FPaving failcd to live in amity with the people of the
North, \ve hold that they are right in their demand to be let alone in their eltorts to
establisli a sep;irat(s a i d iiitl(y)cndent gorerirment.
(3) ficsolvct?, IIaviiig an alklirig c.oiifit1ciic.t. in the justice of our caw
it to 1)r otlr duty as Chrktiaiir and frcciiicn to coiitributcl our ut~nost
uyhold ancl dcfend our institutions antl to rcsint to tlic clii rst < s i t rerriit y
efforts of Abraham Iincoln and his supporters to hubvert antl tlcstroy t
(4) Ues:sol?izd,That FC admire and appro1.e the licroisin ancl tlcl otiu
by the patriots of our land, who are volunteering b y thousaiidb to tlu battlc in
defense of our religion, our liberty, and our firesides.
( 5 ) Ilcc.oZued, That we look forward with plcasure to the early torriial connection
of North C:arolina with her sisters of the Confederate Statcs.
(6) K~aoh~~rE,
That tlic presiding officer of this ljotfy be iristructcd to transmit copies
these resolutions to his cwccllency Jeff. I>avis, President of tho Coiifcdcrate Statcs;
of
to tlre 1Tor-1. Iowc41 Cobb, frrsidcnd of tlit. Confederate CongresP, and to his excellencby Jolm W. l<llis, governor of the State of North Carolina, and to t h e presiding
officer of the c*oii\~mtionof North Carolina
M y . C r i r r ~of~ AiiLbaiiia presented t i memorial o f 31. J . Rhodes and
otlwrs, p:itentrcs from t h c State of Alabama, praying x change in the
.patent I~LWH;which was referred to the Coiriiriittee on Patents, without
being rwd.
Mr. Yorlrins of Louisiana presented :I claim of Dr. 1. 3%Enders, of
New Oihuiis, for scryices rcndcred ns assistant tre:isix;er of tlic ITnited
Shtcs C+o\ernnient at; Xcw Orloaris; which was referred to the Committee on Cldins, witbout being re:id.
MY.13ococ~lrof Virginia prt ritcd the iiieiiiori~lof Doctor Garnett,
praying :~nicndnientto itn act king :yq~ointmcntsiv thc Confodcrate
Nnvy; w1iic.h wits refcrrcd to the Committee on Baval Afftlirs, without
b~ingrciid.
lrition instrncting the ,Jitdievidence corlccrriing slaves

u c ~ da rcsoliitiorl iiistrilctiiig the

aiil<ing pririlcge upoil ex-lycbidcnt

a resolution instructing the Corn-

on b f i1itiu-j-Afthirs to inqiiirc into the expcdiency of amending

thc 1ziilit;iry h w s SO :is to give surgeons coininand over enlibted men;
111iltrc

which wns ngrccd to.

Mr. Slilples of Virginia ofrered :I resolution instructing the SIilitnry
Comniittec. to inq~iireinto the expediciicy of altering the lalv s o to
geon-(2eneml a Iriossengcr; which was agreed to.
icii resolvcd itself into secret session.

Con
)i.irrg i n secret b
31r.
I t 1110\ cd that th
iitruduccd in opcw swbio~lto xxicnd
tht: eighth brct ion of :in act ciititlrd *LAh
act to provide for tho puhlie:
clcfciise he ti.:tnsferrcd to the, Calciidnr of the secret .csrion; which
motion prevailed
On iriotioii of 311.. \Yaul. tho bill introclnccci in open wssion to
aiiiencl an act ni:iking appointiiients i n the N a r w:ih
~ transferred to
the Gnlcndar uf thc secret sei.riioti.
The special order of t h r dxy bcliiip the clcctioti of a, 1ul)Iic lrintcr
to Congi*css,thc Congrehc, proceeded to thc saine; N h r r r Iticliard M.
Smith, of Virginia. was ~u~:~iiimouJy
clcctcd.
Air. Stephens offci-cd the. following 1-esolution. 1 ix:
Resollsed, That it shall br tlic duty of tlic lrt4tlent of tlie Coiigitw iiiiiiidiately
aftcr the 1 eadiiig of the Jourxial each morlling to announcr that Congress will go
into secret. session.

On agreeing to the resolution, :Lt the instttiicc of the State of Georgia, the yeas and nays of the entire body vere ordered to be recorded,
and are as follows, uiz:
Alal)wma-Yea.: Afcxsrs. Smith. Chilton. :(rid ;\IcRac. N n y : Messrn.
Curry a11d Shortcr.
ilrlransas-Yea: A h . Gni-lmd. Say:SIcssrr. J olirison, Thomttson,
RII d W at kins .
, ;\Iorton :ina O M csllb.
Florida-Yea:
Goorgia-YciL :
-. 11owell Cohl). S i s h t , JLill. I<ciian, and
Stcphcns. Xay:
rq. wkiii\.
l i c n n c r , and SIarsh:IIl. Kay:
Louisiana-Yea:
Me,Ysrs. Co11md x
Misyissippi --Te:i: Blcssr
arris and Harrison. X i y : Nr. Cnnipbell.
S. ILUltill, vt~Ii:il-,lc,and Iurycar.
say:
Kortli C:troli 1x1 --Yra: J
rs. 1 1 : is,
~ ~ c i - ~Smith,
,
Moreliead, : i r d Davidsoii.
utlr Carolina-Yea: Nessrs. Rhctt, Rarntvell, Kcitt, hlilcs, :itid
Uoy-cc. Kay: Mr. Chcmut.
Iexas-Yea,: Messrs. l\igf:ill : ~ n dH c ~ n p h i l l . Nay: Xcsbrs. licagm,
W Z I , Gregg,
~,
and Qchiltrcc.
Virginia-Yea: Mcssrs. 1tivc.s and Scott. Xt~y:Messrs. Bcddon,
3Iacfarlnnd. Pryor, I3oc.ocli, Xhson, I3rochenbrough, lit
ston, Staples, arid lrcstori.
rho rcxhrtion M a5 ;Lgucctt to.
Xr. Chrlttnd offercd tht followiiig rcsolution; which was ug-rccd to,
viz :
Resolcrtl, That tlie Coltiiiiittee

OII

11na11

JIr. Xhett offered thc following rcsolntion; which w:ih agreed to, viz:
Rpsolz.pd, That the Iresidrnt be requested, if in hic, opinion not iiicunipitiblc with
the public. intcrest, to coitiriii~iii~
ate to Clongre,is tllc. inctriictiori~given 1.13 thr. Ciovernmc.nt to oiir coii~ini~sioners
in Eiiropc an 1 the communicatioiis mddc by them to
the (onfederatc Gorerniiient.

;\I?..Hemphill introduced
A blll amendatory of an act to prescribe tho rates of postage in the

286

JOURNAL OF THX

[.llllY 26, 1861.

Confederate States of America, and for other p r p o b e s , approwd Fcbmittec on Posh1 Affairs.
Mr. Wigfall offered the following resolutions; w h i c h \ w r c Rgrced
to, viz:
Besolt>ed, That tfie Cornmittce on Foreign Affairs do incjnirc ant1 report to Congress v,hetlker in their opinion it is expedient that, th c ?onSllh Of foreipli nationq
accredited t o t h e United States should continue to exercise connitlar functions in the
ports of t h e Confederate States.
Resolved, That the Conirnittee on Foreign Affairs do further inquircl whethcr it is
expedierlt t h a t the commissioners of the Confederate States nom in Ecropc%should
remaill any longer seeking the recognition of the indepcndencbe of t h c Confetleratc
States by the (iovernments to which they h a r e been accredited.
Resolued, That the said conimittee do further inquire whether it is not expedient
that the exportntion of our agricultulal productions should be prohibit
not having amicable relations with the Confederate States by treaty

Mr. Mason offorctl the following rcsolikion; which was agreed to, viz:
12esolted, That the Iresidcwt of Congress provitlc b y pioper regulations for thc
execution of such printing as Congress rnay (1irec.t to be printed confidentially.

Mr. Brockenbrough off crcd thc following rcsolution; which was

agreed to, viz:
Resolv~d,That the Committee of Naval Affairs bc iiistructcd to inquire into aiiil

re ort upon the expediency of so amending the act orgmizing t h e N a i y of the Confeicrate States as to make provision for officers who have resigned their ofices in the
revenue service of the late. IJnited Gtxxtes in consquence of the secession of thc Confederate States or any of them from the Vnion. And that said coininittee l x further
instrncted to inquire into the expedicw-p of conferring, by resolution or othcri2 ise, a
commission of lieutenant in the Navy of thc Confederate States upon Bushrod W.
Frobel, late B lieutenant i n t h e revenue service of the United States.

$11. Staples offcrccl thc following resolution; which was agreed tqviz:
itaoiitd, m a t til(>
ing b y law for thc. coi
tlrrd sixty in taking t l

on Finance inquire into the expediency of Iiioviclof persous cinployeti in the year c4ghtceri 11nndred
t hn Cot1f(der:lte states.

Mr. Cliilton, troiri the Corninittee on Postal Affairs, t o whom was

referred tho resolution of inquiry respecting the tr.ansmi&on through
the inails of letters nrid p:tc,kagcs to and from the officcrs, miiSicians,
and privrLtcs o f the Arriiy of the Corifcclcratc States free 01 postage,
roportcd that the oommitteo deenicd it inexpedient to pass such a law,
hurt reconirricndcd the p:wsage of
A bill rclating to tlkC prepayment of postage in certain cases;
which was t&:n up t l r d mad the first and s(cond tinics.
MY. IIctiipliill i u o v d to niuciid thc sittnc by adding the following
ndditiontd section, to wit:
011 lcttcrh or othrr n ~ i niatt(1r
l
tranrinittctl by R monbcr of Cougrcss with his
nigiiittiirc iiidorsed OIL tho same, prqmyiwnt of pmtage bhall not be required,
p:lnl1) nay
pakt on clc4ivery of the inail matter thns transmitted.
0 1 1 moLioii of i
th.Cormid, the :mcndrnent as arneiided was restricted

cr:LliOti arid effect to

letters trAusniitt.cd hy nlembery of

1Jpon agreeing to the nmendincnl as amended, Mr. lthett dernandcd

the cpcstion; which was seconded, and the vote having hccn taken by
as follows, .cliz:
Yen: Arltnnsaq, Florida, C;eorgi:L, Louisiana, Mixsirsippi, North
and Virginia.
Carolinx, South CwoIina, TextLS:,
Nay: 8 1 bG F,allla.

Statcs,

,TOUKNAL OF THE

288

[JtIly 27, 1861.

custom-house in that, city; which WUH rcfcrrccl to Coliiiiiittcc on Clainls,

without being read.
Mr. Davis of North Carolina presented R riiernorial of Georgc
I\ilcl>nffie, a mail contractor in North Carolina, praying p a p l e n t of
rnoneys due for carrging mails in that State; which was referred to
Committee on Postal Affairs, without bcing read.
ilfr. Davis of North Carolina introduced
A resolution instructing the Committee on the Judiciary to inquire
into the expediency of rescinding that clause of the Irovisiond (:onstitution which prohibits the States from emitting bills of credit;
which was agreed to.
Mr. Koitt of South Carolina introduccd
A resolutioll instructing the Conimittee on Foreign Affairs to h l u i r c
illto the expdicticy of reporting a bill to prevent the exportation of
cotton, iohacco. and naval storcs;
whicli was ngrcwi to.
Mr. Chcsnut of South Cnroliiiii olrcred
A bill to provide n.dditiona1 field officerh to voluntcer hittalioils, and
to provide for tho appointiiicnt of lzn :Lssistant :~djutant-gcric,ralto tho
Prorisiond Army;
which was read thc first i~itdsecond times mid rclcrred to Coniniittce o n
Military Aff:~irs.
RIr. Oehiltrce oi lcxar oEercc1
A resolution i1istrii~tiri,rr~omnlittc3e
o i i l o d d .\fftiiw to iiiclui rc into
tho oxpcdicncy of c\rtcncling the fr:mking privilege to Mrs. Polk,
.widow of cx-lrchiclctit Jaiucs I<. Polk;
mhich was ag:.l.c~cl
to.
MI.. V a u l of lcx:~<introdlux4
A bill l o csta1)li~li:I. 1 ) u i w t i t of ainiy intc~lligcncc;
ir(l tiiriw : ~ n droiorred to Comiiiitt ce

Missouri, ;tlaryland,
loec~onlc
;

:itid

oil tho ,Juclici:iry to rcport

ttiir:iIizing 5th citizens of the
citiaoiis of thc S h t c s of Kentucky,
I )clawitrc, rcspectirely, it5 may desire so to

irnittrc c)ii thc ,Idic.iary to inqiiirc

cl wgii1:itiitg citimnship with rcferthese Stat(>\,but wlio have become
itlS retiirried, persons who
(Y)I~Wfroin ot1ic.r S h t w to c i i t ~ iri i t
rvicc of thcsc Sjtatcs, persoils wskling now i n thcse St:itcs, but h o r n in Northcrn States, and
snch other ( w w s iiq may ( ii rc i q p l a ti o i i 1)y 1:irv;
wliicli w s iwxtl :uid :igu
ICr. 1~roc.lrcnbror~~~I~
of Virginia offcrcci
A rcwlrition reqwdi ng tho Secretary of War to inforin Congress
mheth(>rhis I k p : i i * ~ i i i c i l t ,11:~sinn& contracts for the manufacture of
p o ~ dof( ~t h:
~ tiiflcimt g rwIes ancl piriptici; reqiiircyi in tile rliiiitary
service of
(lorifcdcrnt o Stutcs, whetlicr the persons with whorn
SUC~
cantracts hive heen maclc have yet fulfilled their contracts i n
vvbolo 01 in part, and whether they arc actually engagcd in the exet h c h

J u l \ 28, li.61

IR@\ISIONAL CONQRI~~SS.

289

cution of their wiitr:tcts, mcl \I llethcr they posses.; the requisite

riixterial m d inearis f o r the eiicrgctic and prompt cxccution thereof;
which \ \ a s read and agreed to.
hlr. I~TRLII
of Texas ofIcred
h resolution requesting the Secrt:ltLry of \Tray t o furnish for the use
of Congress a complcte list of a11 appointments inadc in the permanent
arinr of the Confederate States, with the l a n k and date of the appointment, the State of the aplwintee, and when tlie appointee is a yesigned
officerof thc United States Army a t the timc of his resignation the
date of his coniiiiission or appointment :tnd the State from which appointed;
which WRS read and agreed to.
m. Perkins of Louisiana offered
A wsolution aplminting a committee of three t o confer with the
Executive 1lep:trtnients of the Government and to ok)tttin information
if ally furthey legislation is needed for their disposition, and also as to
the propriety of removing them from the Capitol.
T h e wsolution was not agreed to.
;111-. TIai-ris of Illississippi oilerrd thc following resolution; which
was re:d nnd greed to, to wit:
iall bv abbcwt tlie Ionoral)l(x,I. I I.
ull the tiutieq of tlic Ircwident of

I<(MAC tl. W i d \I 1rc.n tlit. lrcbid

S;tq)licnP, o f ckwrgia, l i c antliori
Congress.

Lherc hcing 110 other hnsinesh bcfoi*c thc IIouse, the Caleiidar was
taken up, the l i n t l)iisiiie,~thcrcon being thc resolution of MY.Conrad
of Loni>iati:Lto appoint :L coninlittee to inquire into and yeport the
uinount o f siii:tll :ti ills and munitions of ~ v a rnow i n possession wild
; ~ l r e ~ ddistrilmtcd
y
by the Government.
On motion, thc 1~1:11il~i n the twolution was filled with the word live,
: w t thc resoltit ion read :iid agreed to.
The cotuniittce qqxjiiitccl by the Chair is as follows, 7 ia: .
. (onlad of Louisiana, Itires of Vii-giriia, Chesnut of South
(:iroIint~, Smith of Alabama, a x 1 Harris of Mississippi.
O n motion of 34r. Kejtt of Youth Carolinn,
Congress then adjourned until 12 oclock Mo~idaymorning.

EI(;IrriJ DAY- -MIONDAT, ?JULY 20, 1861.

OPE3 SESSIOiY.

Congress mct pursuant to :djouriimciit, and was opened with prayer

hy the Rev. A h . Duncan.
Congress t h t x , ) rc.iolvcd itwlf into secret session.
HF:CKF:T

STCSSIOS.

Congress being i n scwrct session,

X u . &lacfarland of Virginia, Prom the special committee appointed
relative to the \voiinclcd at the battle of Mtinassa3, reported the following resolution, to \\fit:
A resolution t o di-:)ox of donationh niade by certain churches on
the late fast day;
which was read the first and wcond times, engrossed, read a third time,
ttnd passed.
c

J-\OI.

1-04-11)

890

JOlJlENAL OF THE

[July 29, 1861

Mr. Shorter of Alabama, from the Committee 01 Engrossinelit,

reported as correctly engrossed and enrolled
An act relative to the prepayment of postage in certain cases.
Mr. Thoniason of Arkansas presented a niemorial npon the sul)ject
of a fee bill for Go\Ternmentmarshals; which was referred to the Committee on the Judiciary.
Mr. Thomason of Arkansas oflered
A resolution instructing the Committee on the ,Judiciary to inquire
illto the expediency of establishing $1 uniform fee bill f o r marshals and
clerks in the district courts, and to report by bill;
which was read a i d agreed to.
Mr. Thoniason of Arkansas offered
A resolution instructing the Committee on the Judiciary to inquire
into the propriety of longer det,zining prisoners now in cnstody and
further prosecuting ersons bound hy rccoo*niztLn(~c
to answer chargch
b
now pending, hy in iutment or olhunvise, tor thc yiolation within the
Indian country of m y of the laws of the United States regulating
trade aiid intercotme with the Indian tribes, and to report by bill;
which was read and agreed to.
Mr. Thoniason of Arkansas offered
A resolution instructing t h e Coriirriittec on the Jndicittry t o inquire
whether or riot jurisdiction in cases of libel against steaiiil)oats and
otlicr vessels designcd for the navigation of thc iiavigablc waters
within the Confederatc States should be conferred on the district
courts Chcrcof, arid t o report by bill;
which was read and :igrr,ed to.
MI-. Kcii~icrof 1,ouisiana in troduccd
A bill relittire to inoney deposited in thc registries of the courts;
which w i t s re:d the first mil second timts :md referred to the Coininitt w on the cJudiriuy.
Nr. Keiiircr of Louisiana oflercd two resolutions, the first rcqucsting tho .hesidarrt of thc Cotifcdtixto S h t e s to prevcnt, 1)y ini1itai.y
siithoritjy, tho accumulation of cotton in cities, towns, and othcr places
diwiiig the block~do,aiid tho second rcqiicstiiig the Scc.retary of the
Trciihru-y to cxtcnd tho tim f o r the payiwnt of suhcriptions to thc
producc lOLLl1.
On itiotion of A h . Rnrnwc~llof Sonth Cttrolina, the first resoliition
WIS i.cfc>i*i*tsd
to the Coriiinittrc on Military Affairs arid the sccond t o
tlic Conimittrc on I h ~ t i c e .
>lr. COIJIiLd of 1,ouisi:ina offeiwl
)Irition iwiucsting the President to trxnsmit to this body as
Ciirly ils pr;wtic:d)lc a ~ 0 1 of
3 ~ :L report i*cc*cntl.vni:idp to him hy I3ur1011, s i i ~ ) ~ ~ i . i i r t ( ? t i tOl Ft t thu
i ~ :irniory in thi\ l)I:~cc,
i.cI:~ti\-c,
to a11 appli(.tition i i i : t t l c I)y c.aitnin p : i y t , i w i n Louisiana and rennebsee to I)orrow :i
port i o n of ~ l i nincliinery
c
in stlid :trr~iory;

CE!

i w t i :ind :igrocd
i h n 1 i t d of I,oui*i:tri:t

.\rfiirIi wiih

Mr.

to.

offcrtd
~esolutiori itiqtrxctirig the Committee on JIilittLry Afiibirh to
incliiirc. i r i l o tho espedienoy of reporting a I)iII t o s e c ~ ~ the
rc ~ ~ i o r
s](dJ iind r(pl1hr transportation of trool)s and lliilitary and n:iv:iI
siippliw l).y mili.o;id;
which W ~ L rcitd
S
and tigreed to.
M r . P ~ i k i of
n ~Louisinna introdacetX
A bill to suspend thc collection o t datics V I iinports
~
irlto the Conil

[Jul? 29, l h b l

ction ol the first article of the Constitution of the Provibional

ycrnment of the Confederate States of America, reported
B bill to amend the eighth section of the first article of the Constitutiori of the Provisional Government of the Coniederate States of
America;
which was read the first and second times.
On motion of Mr. Chesnut of South Ctirolina, the consideration of
the report was post oried until tomorrow, and the bill ordered to be
placed upon tho Ca endar.
Mr. Miles, from the Committee on Military hffai1*s,to whom W:M
referred yesolutiolls relative to the First Itegirncnt of North Carolina
Volunteers, reported back the w n c and rcconimendcd thcir passage.
The resolutions wero then read the first and second times, engrossed,
read a third tinic, and passed.
Rfr. Miles, from the Committee on Military Affairs, rcportcd nnf:Lvorably iipori tho bill of Mr. Wright of Gcorgia, entitled An act to
anlorid the cighth bection of R I I act t o yi*ovidc for the pihlie defense,
etl to be dihehargcd from thti further conhideration of the s:inir.
otiori of Mr. Stephens of Georgia, tho further conuideJ-ntion
of the bill n - a b poztponcd until to-morrow, and ordered to be placed
upon the Calcndai*.
Mr. Miles, from t h c Coini-nittce ou Nilitary Affairs, reported unfavorably l q ~ o n
A ))ill to establish a buro:tn of army intelligcncc.
On x i i o 6 i o n of 1\11.. Sttyliens of Oeorgin, tho further considcration
of the SRIIIC w a s postponed until to-iiiorrow, and the bill placed upon
the C:aIcnd:H*.
MY.C%iltoii, froin thc Chminitteo on Posttil hfibirs:, reportctl unfavor:~l)lyupon two resolutions, ronfcri-ing thr fmnlcing 111 i v i l c p upon
cx- Liwidont .John lylor and Nrs. lolli, widow of cx-President J:mie.:
K. lolk.
O n iuotioii of Mr. Sectdon of Virginia. thc re9olutions were' h i d on
tlw t:tl)lP.
Mr. S I W ~ OofW1m~isi:in:tint rotluwd :ti1 act t o anlend tlic two acts
nientionod in tfic Iwdy of the 1)ill; which \\as refcrred to the Cominittec
on Military Affiiirs.
n of A t i s . Kcitt of South Carolina,
thcn :idjourncd until I2 oc.lock to-inorrow.

rp

ESJC1UTWE SI,XSIOS.

Gongress hwing ~csolvrditsclt i n clxt.c.ictivc session,

MI.. Chill on, lroin t,lir C:oiirtnittcc on Jostal hffairs, to whom was
~*i*cd
t,hc c~o~iiiiirrnic~~~tion
of tlir Prwidcnt trsnsrnitting for the
udvivo tind (:onwit>of
(hi :Llist, of ttppointmcnts f o r postni:ist(lrh
a t d , r r p i * t r dthat tlir (minniittee rrconiand convciit to tho noniin:itions tlicreiii
hlr. Corrr:icl mowd that the consideration of the nominntion of , I . AT.
Raid, for ~Stnl:l p fLt ~ C Orloans,
W
La., be postponed for the present.
Plm motion pw\-:iilrd.
COIIWCSS
thrn :LdvisecI and consented to tho non~iriatiousas rcported.
& h . ? e i ~ i ) l c n l o ~ c dto rcconsidvr tlie action of Congrebs 011 the
nonlin~~tion
of (korgc. T. (:oak for postfiIaster nt Raleigh, N, C,
Congress resurncd sccrot session.

294

JOURNAL Oh THE

[ J d y 30, lYGl

duty of 15 per cent ad valorem, in addition to the duties impobed by

the tariff law of 21st day of May, 1861, on all wares, goods, and nwrchandise importcd fvoin any of tho United States into the Confederate
States: Bovided, I~owevrr,That the productions made free of duty ~ J T
any laws now existing shall not be amenable to the above-proposed
tax; and that the same committee inqiiire into the expedipncg of prohibiting the entrancc of any goods, WRITS, or merchandise, the production or*manufacture of Europcan nationb, into the Confcdcrnte
States from :my portion of the United States.
Mr. IIurlter of Virginia introduced a prcamble anduesolutions defining the position of the Confederate States on point,s of nlaritirne Ixiv,
as 1:tid down by tho Congress of 1:Lris of lS%: which w e r ~rcad and
referrctd to the Coniniitteo on Foreign Affairs.
Mr. Chcsnut of South Carolina introduced
A bill to authorize thc distribution of the proceeds of thc h a l ~of
the ship A. 13. Thonipon, condcmncd a h a prize;
which was road first : L i d swond tinicr :~ndrefcmld to the Cotnniittce
on N a i d Afhirs.
Mr. Chesnut of South Carolina iritroduccd
A bill to increase the nrirnhcr of sergeants in :dl light i n h n t r y companies.
Mr. Conrad of Louisiana jntroduacd
A resolution wx1ucsting the Ircyident to transmit to Congrcsh any
information in hib possessioii in relation to Lht! sailing of R flotilla of
iron gunboats down thc Mississippi River, and whether xiiy prepar:~tions have 1 ) w n matic to resist thc same; which WLS read atid xgreed to.
Mr. litirtt of South C:wolin:L, from thc Committee on Foroign Aflairs,
reported in p:wt :is follows, t o wit:
Tliat the coniinittee tlecm it c3xpedient to postpoiie for the present the considcrat M o rcsolutioiis ref(wwl to tlrem-tiw
first, inquiring into the c~upetlieiicpof
f foreign iiittiorir a w r
to t h e 1Jnited States ti) perforrii thc.
s i n ttiv portyof tlieCc
.at(>States, aiid the second, iriqiiii irig
on of our qricnltiiral protlnctions to
of prohihitiiig the ex
any nations not liaving fritwlly rclatioiis R itli us, anti that the resolutions l)e laid 0 1 1
t1lB table;

tion of

which w t ~ sy p c d to.
Mr. T. 1L R. (hl)b, from the Conniiittce on tlhc ,Tudicistrv, to whom
was rc?ferred
A nxolution inqniring into the expediency of conferring upon the
d
corirls jttrisdiction in cascs of 1il)cl of stea1nho:its mid othcr
v
drsigiictl for tho navigation of the navig&lc rivcrs of t h c
crate States,
ropoltctd ~ l \ ~ ~ ~ .tos ctho
l gS X I I ~ C , :tnd begged to be discharged from the
furtlier cou~ictci~t~Cion,
: ~ i i dthat the remlution lic 0x1 the taljlc: jvhicli
was ngreetl to,
\ ~ f rl o ~ uthe Iresident by the hands of liis
Jossclyn, informing Congress that he had thib
day :lypro\~1Yi
A resolution to dispose of donations inade by certain churches on
the late fast day; d s o
~iesolritionsin relittion to the First Kcgiment of North Carolina

Volnnteers.
Mr. 1. B. It. Cobb of Georgia, from the Comniittee 011the Judiciary,
to whoni was rcferred

J u l y :iO, Ib(il.]

lXOVISIONA1,

CONGRESS.

295

iicting said coiiitiiittcc to iriquire into the propriety

Inited States pi-ihoncrs held $01. offenses comreported :idvei*scly to tlic rcsolutioii, zdicd to I)c discharged from
thc further coiihidcr:itioii of thcl sanie, :tnd that thc ~*ci;olutionlie on
the tablr; i~liicliW:I\ :~grccdto.
3Ir. T. K. Ii. Cobb of Gwrgi:L, from the Coiriinittctl on the. Judiciary,
reported back
bill ielatii-C to iiioiieys dcpositcd in the rcgistries of the courts,
witli the rccoiiinirndRtio~it h t it p q - with the Stiiieiidnieiits offered by
t l i ~committee.
I he bill was eiigrowctd, a aid :I third tillit>,nild passed a s :Lint.nded.
XIr. Siiiith of i\l:tl,:una, frotii the Coriiinittec~on thc Jndiciary,
rcportcd
A bill furthcr to :~nicntlmi act ciititlcd h
act t o cstahlisli the
judicial vonrls of the Confcdcratt Statcs of hiiicrica;
i w d the first and second times, engrossed, read a third tirne,
r 7

MI.. Smith of Ahh:~iii>i.f roiii thc Coniiriittce on tlie Judiciary,

reported
A MI to I)c entitled An 2tc.t pro\-iding penalties for violating the
pro.i-isions of :in :wt :tppimvrd JIaj t\\-cn t~
-fiwt. rightecii hundred a i d
hixty-onr, cntitlccl * A \ ~ :wt
i
to anthorizc c ~ r t : ~ i dclkors
ti
to pay the
aiiioutlts tliic. I)! tliriu iiito t h c 1rwh~ii-yof thc Chifedcmtc States;
w I i i ( d i , 011 niotiotr, w i ~ \ ordcrcd to l)c, printed and p l n c d upon the
Ca1ciid:ii..
JIr. Jlilw of South Carolina, lroni the Coiiiinittce on Militarv
Affairs, rcportc~lI):ic.k thc c1:iiin o f Doctor IIill, with thc request that
it be referred to thc (ommittw on Claims.
r ,
Lhc report \\.:is ngrcwd to.
Nr. Miles of South Carolina, from tho Committee on Military
Affairs, reported I)ack :I let tot^ froiit wrtain r d r o a d s in Virginia, with
the i y n c s t that it bc i v f c r i d to the Scc2rct:wy of \Vw,and that he be
requcstttd to publish thc ssirtc; w l i i c 4 i w:is agreed to.
Mr. 1. H. It. Cobb of Gcoi.gi:i, frotu the Coirttiiittc?~on Printing,
reported that the committees to wlmiii tho sereral reporth of tht:
Dcpartrnents werc refci~redhaving beeti authorizcd to pri tit siich portions of thciii as t1ic.v dccmcd ricccsw-y, he had hccn instructed to
move the i~econ4derationof thc resolution on printing psssed on SatUr.d>LJ-.
The report
diaiigreed to.
Ah.. ,\lcmininger of Sotiti1 Cxro1in:L iritroduced
A hill l o 1)ecntitlccl bAilact to in&c provision for the carc of supplich for thc iic.1~x i i d wou~idrrl;
which WRY mad the firat nnd
ond tiirics nnct referrcd to (:oniniittee on
Military AffStirh.
A niewige \\:is received froin thc Presidwt by thc 11t~11d5of his I?&
vate Secretary, Air. qJossclyii, trarismitting to Congr
instructions to c o m i n i s h n c r i iu I-hrope, wilh such portion of thcir
correspondence a s i b deeintd :~di~iiable
to cornmun i r : ~tcl :it Lhis t h e ;
which were read and referred to Cointriittec 011 Forcigii Nclntions.
On rnotioii of Mr. Kcitt 01 South Carolina,
Congress then adjourned 1111 ti1 I2 oclock to-niorrow morning.

296

JOURNAL O F THR

[ J u l y 3u. lb61.

EXECUTIVE SESSION.

Congress being in executive session,

The Chair presented a cornuiunication f rorn the President, transmitting, f o r the advice arid consent of the Congress, lists of appointments
for the Navy and Marine Corps of the Confederate States of Aimric:~,
which are as follows, viz:
Janles tV. Cooke, of North Carolina, late a lieutenant ill the xavy of the Unitetl
States, to he a lieutenant in t h e Savy of the Confederate State<.
Charles F. M. Spotswood, of Virginia, late a lieutenant in the Na\ y of the lTnite.tl
States, to be a lieutenant in the Kavy of the Confederate Stater.
William L. Maury, of Virginia, late a lieutenant in the Savy of the I'liltetl S t a t v ,
to be a lieutenant in the Navy of the Confederate States.
Kobert B. Pegram, of Virginia, late a lieutenant in the Navy of the 17lutcd State-,
to be a lieutenant in the Navy of the Confederate States.
Carter B. Poindexter, of Virginia, late a lieutenarit in the Xavy of the 17riitrc\
States, to be a lieutenant in the Navy of the Confederatc States.
Jlenry EI. Lewis, of Virginia, latc 2~ lieutenant in the Kavy of t l i r T'irite.tl S t a t c ~ ,
to be a lieutenant in the Navy of the Confederate State$.
George W.Harrison, of Virginia, latea lieutenant in the Navy of the I J ~ ~ ~ htatri,
tt~(1
to be a lieutenant in the Kar y of the Confederate Stiites.
Williaui A. Wayne, of Georgia, late a lieuteriant in the Navy o f t l i t Unitrvl State.,
to be a lieutenant in the Kavy of the Conirdertite States.
Peter U. Murphy, of North Carolina, late a lieutenant 111 the N a \ y of the Liiitvtl
States, to be a lieutenant i n the Navy of the Confederate StateP.
Isaac N. Brown, of Mississippi, late a lieiiteriairt i n the Kavy oi t h e Uiiit(i(l St'itc-,
to be a lieutenant in the Navy of the Confederate States
Catesby ap R. Jones, late a lieutenant in the Navy of the T T n i t c d Stat(-, t o 1 ) ti~
lieutenant in the Nav of the Confederate States.
John J. (iuthrie, ol?North Carolina, late a lieutenant in the S a \ y of t l i r . (7iiitt.cl
States, to be a lieutenant in t h e Navy of the Confederate States.
Joseph N. Barney, of Maryland, latea lieutenant in the Savy of the IJnitrcl St~to.,
to be a licntenunt in the P;:tvy ot the Confederate S t a t e
Van Rensellcar Morgan, of Virginia, late a lieutenant in the War) of thc. I T i i i t c d
States, to be :I lienten:int in the il'avy ot the Confederate States.
Edward L. Winder, of 3laryliinct, late :I lieutenant in the Savy of the 1Jiiitc.tL Stat(,.;,
to be a lieuteriant i i i tlit. Navy of the Confederatr States.
aohn Wilkinson, of Virginia, late a lieutclnant in the Navy of the United Kt,itcJ,, to
be a lieutenant in the Navy of the Confederate States.
Charlcs M. Fauntleroy, of Virginia, late a lieutenant i n the S a v y of the I'nitrd
States, to be a $itenant in the Navy of the Confederate States.
William B. l+itagerald,Lite a licvtenant in the Savy of tlie Cnitrtl States, to bc it
lieutenaut in t h c Navy of the Confederate Statw.
John S. illanry, of North Ctirolina, Ixte a lieutenant in the S a v y ol tile L'nited
States,. to be i t lieutenant in the Navy of the Confederate States.
Regn~aldFairfax, late :I liecitctvant in the Savy of the United States, to
a Iicutennnt in the Xavy of the Confederate States.
Willinin A. Webl), of Virginia, I:& a lieutenant in the S n v y of the United States,
to be a 1ieuteit:int i u the X ~ v yof the Confodwate states
C l u r l 0.
~ Sinims, of Virginia, late a lieutenant in the Ka\ y of the U111ted SLTtes,
to be ti licuteitant in the Navy of the Confederate States.
Jolin \V. Iienllctt, of Miiarylantl, late a lieutenant in thc S u v y of thtx t!nited htatrs,
to bo a liwtcminit in tlie Navy of the Confederate Statce
Allguvtlls hI(~Imgliliu,of Maryland, late. a lieutenant in the Navy of thc Ulllted
Stattm, to be n licutcnant in tlw Cu'avy of tllc Confetirrate States.
\Villiani El. I'rZrkCr, of Virqinia, late a lieutenant in thcl Kavy of the Unlteci States,
to bu a lieutentint i n tiiv R'itvy of t h c k Confcticr:ttc States
IViiIiain 1,. Powell, ot VIrginix, late R h e a t m a n t in the Savy of the [Jnited States,
to be il lieutenant in the Navy 01 the Coilfederate State?.
William 11. Murdaiigh, ot Virginia, late a lieutenant in the Navy of the United
States, to be R licutcnant in the Nkivy of the Conie(lefateStates.
James 11. Roohelle, of Virgiiiln, late a Iieutemtnt i n theSavy of the United States,
be a liciutenant in the Navy of the Conf(y1erateStates.
Robert n. illinor, of Missouri, late a heutenant in the Navy of t h e linited States,
to be a liwtcnant i n thr Nd\y ot' ttie vollfeder:lte States.

J u l y 90,1861.1

P R O YlSf ( )NAL CON($BE 98.

297

1)avid 1'. McCorklc, of lire Diptiitt of Colmiibia, late a lieutenaiit in i t i t ) Na1-y of

the I'nited States, to bc a liciitcnn~itin t h r S a r y of the Confedcratc Skatcc.
IYilliaiii Rliarp, of T-irginia, late a liwtenaiit i n tho Xavy of tlie I'nitetl Stateri, to
be :I licutrrinut in thc Savy of the Confederate States.
Ctiarles 1'. XcGarr, of Sort11 Carolilia, late a lieutenant in the S a v y of the United
States, to be a Iieutiiiant i n the Xavy of the Confederate States.
Itmiter l)a\.idson, of
yinia, late a lieutenant i n the Xavy of the United States,
to be a lieutenant in tli
ar p of tlie Confederate States.
Robert R.Carter, o f
.ginia, late a licwtenant i n the Navy of the United States,
to be a licutenant in t h
avy of the ('onfederate States.
Oscar F. Johnston, of Tennesser, late a lieutenant in the Sa vy of the IJniteti States,
to bc a lieutenant in tlie Xavy of the Confederate States.
Uererly Iiennon, of T'irginia, late a lieutenant i n the Fa\y of the Uiilted States,
to be a lirwtenant in t h e Xavy of the Confederate States.
F. 1;. Shepperd, of Sort11 ('arolina, late a lieutenant in the S a r y of the I-nited
States, to b c a lielitenaxit in tlie Navy of the Confederate States.
Joseph \V. Alexander, of Virginia, late a lieutenant in thr Kavy of the I'nited Slates,
to be a lieuttwant in t h e xavy of the Confederate states.
French Forrest, of Virginia, late a captain in the Ravy of the United State$, to be
a captain iii the X'avy of the Confederate States.
George X. Zlollins, of Maryland, late a captain i n the Navy of the linited States,
to be a captaiii in the Navy of the Confedrrate States.
Samuel Barron, of Virginia, late a aptiain in the Kavy of the IJnited States, to be
a captain in thc Kavy of tlie Confrticmte States.
of Tirqinia, late a captain in the Na\-y of the I ' n i t d Statec, to
y of the ('onfcclci,tte Statm.
Jlai r l w i t l ~late i~ ral)t;tin in tlic Xar 1 of the 17nitc.d Statcbs, to
1 1 1 (~' o i i t c t l r i ,ttt) Statci-.
i i t l , 1,rre <
p xiiiid+cr i n the Arniy of tlrc I'nitcd States,
('01
oi the C'onf~~tlerate
States.
i L t , l<Ltr adjutant and inspector of the Varinc. Corps of
tlie ITiiitcsclStatw, to be lir.utcnaiit-(*olonel of the illariiie Corps of tlie Confederate
(x

St;llCb.

(jcorgc' 11. Tclrrett, of Virginia, late a captain of the Marine Corllr of the I'nited
Statcs, to be inajor of t h e Marine Corps of the Confederate States.
John 1). Fiiiiiiis, of Virginia, latea captain i n the Marine Corps of the Vnited States,
to be :L cq'tain in tho blarine Corps of the Confederate States.
I s r x ~ (ii(-1cne,
l
o f Virginia, late a first lieutenant in the Marine Corps of thr liiiited
States, to b c x a taptaiii i n the Marine Corps of the Confederate States.
Georgi. Iiolnic~s,of FloritJa, late a first liciitenant in t h e Marine Corps of ttie Ilnited
States, to he a captain in the Marine Corps of ttie Confederate States.
Adani K IMrer, of Floritla, late a first lieutemantin thelrfaririe Corps of the L n i t e d
States, to br a first lieutenant in thc Jlarine Corps of tlie Coiitederate States.
Gcorgc. f.Turner, of Virginia, late a first lieutenant in tlie bfarinc Corps of the
Unitetl States, to bc :L first lic~utenantnf the lfarine Corps of the Confederate States.
14;. Cantey Stockton, of South Carolina, to be a second lieutenant in the Marine
Corpr of thc Vonfeticratc States.
Jarncss I?. Y. F(~n~lal1,
oi JlissiGpp, to bc a serond lieuttmmt in tlie Marine Corps
of t h e (hfedcintt. States

be a surgeon in the Sa\-p of the Confederate States.

John T ?ilasoii, of Virginia, late a snrgcon in the Sayy of tlie United States, to be
a surgeon in the Sary of the Confetleratt. State.
William 13. Sinclair, of T'irginia, late a smyeon in the S a v y of the United States,
to bc n surgeon i n t h e Kavy of the Confedcrate States.

298
It. F. Mason, of Virginia, late a surgeon in the Navy of tlie Unitrd States, to be a
surgeon in the Navy of the Confederate States.
James P. Harrison, of Virginia, late a passed assistant surgeon i n the Xavy of the
United States, to be a surgeon in the Savy of the Confederate States.
I>. 13. Philliip, of Virginia, late a passcd assistant surgeon i n t h e Xal y of the United
Statcs, to be a surgeon in the Navy of the Confederate States.
Charles 1. Williamson, of Virginia, late a passed assistant surgeon in the Xavy of
the United States, to be a surgeon in the Navy of the Confederate States
William E. Wyshain, of Maryland, late a passed assistant surgeon in the Kavy of tlic
United States, to be a surgeon in the Xary of the Confederate States
Daniel B Conrad, of Virginia, late a passed assistant surgeon in the S a v y of the
United States, to be a surgeon in the Navy of the Confederate States.
13. W.ill. Washington, of Vilginia, late a passed assistant surgeon in tlic l a \ y nf
the United States, to be a surgeon in the Navy of the Confectcrate States.
Algernon S. Gamett, of Virginia, late a n assistant surgeon i n t h e Navy of tliv lTnitcd
States, to be a n assistant surgeon in the Kavy of the Confederate States.
Frederick Van Bibber, of Maryland, late an assistant surgeon in the Na\ y of tlie
United States, to be a n a tant surgeon i n tlic Nary of the Confederate States.
John W.Sandford, jr., of North Carolina, late an assistant surgeon in the Nayy of
tlic United Statrs, to tw a n assistant surgeon in the Navy of t h e Confederate Stateq.
Bennett W. Green, of Virginia, late a n assistant surgeon 111the Navy of tlie IJnit:d
Statcis, to be an abmtant surgeon i n the Navy of the Confedrratr States
Joseph D. Grafton, of Arkansas~late a n assistant m g e o n in the Navy of t l i r I nitctl
States, to be an assistant suroeon in t h c Navy of tlie Confederate States.
Charles M. Morfit, of V i r g k a , late an assistant surgeon i n t h e Kavy of the [nitcd
States, to be an assistant surgeon in the Navy of the Confederate States.
R. It. (iibbes, of South Carolina, to be a n assistant surgeon i n t h e Navy of the Confederate States.
Sidnev Smith Lee. of Virginia. late a coiiirriaridrr in tlie Navv of the Inited States.
to lie a Eoninlander in tlie havyof tlie Confedrrate States.
Williarn 0.iVhittlc, of Virginia, latea comiiiander in the Navy of the United St&es,
to be a coiiiniaiider in the Navy of the Confederate States.
Rokwrt D. Thorburn, of Virginia, late a coininander i n the Kavy of tlic. ITuitetl
States, to ljr a commander i n the Navy of the Confederate States.
12obert C i . Robb, of Virginia, late a commander in thc Navy of tlie 1:nitt.d States,
to hc a cuiiiniandrr in the N:ivy of the Confederate States.
Nurray M:ison, of Virginia, late a c~oniinandrrin the Navy of the Vnitetl States, to
be a cornm:\ncler in tiw N < ~ voyf the Confederate Statcs.
Willixn: \V. Hunter, of J,oiiisiana, late a coimnander in the S a v y of the Inited
States, to bc a ronitiiandcr in the Navy of tlie Confederate States.
Arc1iil)ald J3. Fairfax, of Virginia, latca a commander in the S a v y of the IJiiited
Statcr, to be a eoiniiiander i n the Navy of the Confederate States
William MclUair, of Maryland, latc! a coriimancler in the Navy of t h e IJnited States,
to be a coiiiiriarider in the Navy of the Confcdrratc States.
Ilichttrd 1,. Page, of Virginia, late a roiumantfer in the Navy of the United States,
to be a commandcr in the Nevy of the Confederate States.
Eredcrirk Cliatartl, of ;Maryland, lnte a commander in the Savy of the United
coiiitiiander in the Navy of t h e Confederate States.
lair, of Virginia, late a cominander in the Navy of the IJnited States,
iiider 111 the Ntivy of the Confederate States.
Kenncdy, of Korth Carolina, late a commander in the Kavy o f t h e
to 1)c a connnancler in the Navy of the Confederate States.
RIaury, of Iennessw, lnte a commander in the Navy of the United
Statcu, t o l w II c.otiint:indcr~nthe Navy of tiie Confetlcrate States.
John It. Citcht~,of Yirginiti, late a commander in the Nat y ot tlie 1Jnited States,
to I 1)o
ii coiriuiiindt~rin ttir: Navy of the Confctlwate States.
,
llioliias .I. lage, ot Virginia, latc a coiiinimder in the Kavy of the. United States,
to l)o a cointilander i t i the Navy of the Cunfcdrratc States.
Gcorgc Rliuor, of Virginia, late :i coirituander in the Hiivy of thi. IJnited States, to
be a coirioiandcr in the Navy of the Cotlfcderate States.
Robcrt F. PinkiicAy, of Maryland, late a cointilander in tlic Navy of the Cnited
States, to be a eoniniaiid(~rin the N a i y oi the Confetlcrate Stateb.
Tlionias K. Jiootcs, o fC;corgiu, late n c~)mmander
in the Navy of the United States,
to 1)o a coiiiinrindcr in tlie Navy of the Confeclerate States.
Jauies I,. Ileiiderron, of Lirginia, late a comlnandcr in t h e Navy of the TJrlited
States, to be a cnmtnantler in tiie Navy of the Confederate Statcs.
Wi1Ii:mi T. Rfnse, of North Carolina, late a commander in the Kavy of thc Unitctl
States, to be a commander in the Navy of the Confederate States.

300

dOURNAL O F THE

[July 31, 1881.

T h e call for thc yucstiori being su,tZLiiled, the question was p u t :mil
the aniendriieiit agreed to.
The original question was then put, to wit: upoli ugrccing to the
resolution of Mr. Johiiso~i,and thc rewlution mas agreed to.
MY. Curry of Alabaiiia oflerecl
A resolution instructing the Coniiriittec on the Judiciary to iuqnircl
whcthcr any 1cgisl:ition is necessary to eiit~blcpcr\oiis, citizens o f the
Corifccleratc States, who, at the coniniencerilerit of the war, wcre in
partricrdiip wiLh persons who : ~ r c:ilien enemies, to col1t:c.t partnership
chitrib and to clisposc of partnership cff ects, and to report by bill or
otherwise;
which wa5 rend aid agreed to.
Ah. XIcliac~of A l n h m i n . prc+entCcl thc niemorial of fhoinah Rlli>oii,
of A1:ibarri:t: which WAS rc+rretl to the (onimittcc on Claims, without

Y IX:kCiCT

HICSSIOhr.

Mr. Shorter of Alahamn, froin the Cl/onitnittec, on lhgrohsmcnt,

reported :is correctly engrossed :tiid enrolled
An act to authorize the distributioii of thc p r o c ( d s of t h c hale of
the ship A. 13. Thompson iib :L prize; and

304

JOURNAL OF THE

[AUK. 1,1361.

A n act to amend a n act to establish the judicial courts of the Confederate States.
The Chair prescntcd a cornniunicatiori from the Secretary of IJTar,
trnnsmitting to congress irlforrnation in regard to contracts for th e
purchase and nianufacture of powder, and a list of appointnlents of
officers in the Arrny; which, on iriotion of Mr. Waul of Texas, were
laid on the table and orderccl to be printed.
Mr. dohnson moved to sixspcnd the special ordcr of thc day, which
was the consideration of a bill to prevent the cxportation of cotton,
tobacco, etc., for the call of the States and reports of committees;
which was agreed to.
Mr. Johnson of Arkansas introduced
A resol1xtion authorizing the Secretary of Jy ar t o furnish certain
troops of &/lissouri with qnartcrniabtcr and commissary stortls;
wllich mas rcad the rirbt and second tinics and rcfcrrecl to the Conimittcr on Military Aflairs.
Mr. Johnson of drliansns iiitroduccd
A resolution iiiithorizing the. Hcvrctary of War to furnish t'an\portrttion f o r certain troops;
which was read the first and second tirucs :Ind rcferrcd to thc Conimittee on Military ARairh.
MY.Ward of Florida, introduced
A resolution instructing the Coniniittec, on Military Affairs to inquire
into'thc expediency of ertablibhing :I niilit:-try road froni Tloustoti, on
the I'c~n,sacolaand Georgia lhili*osd i n Florida, to tlic ncarcd poi t i t
of thc Savmnxh :Ind ( h l f i*o:id i n Gcoi-gin, arid to report by bill or
otherwiac;
which w i h tigrcctl to.
Mr. Wright of C;corgi:i pix i i t d :i coiiiinuiiic:ition from 311.. Q i i i l lian relative? to tlic niint :it ihhloncga, Cia., and nio\wl its rcfcrciicc to
the Chnniittc~con k~in:inc*c.
Mr. Ilarnrv(~llof South Caro1iir:i iriovcd to lay the comniuniciitiori
on the tahlc; which rnotion n a s loxt.
Mr. Clicsiiut of Hoiith C'aiwlin:t clenin~idcd tlic oi*iginal quwtion;
and tlic dcinand h i n g ~ u ~ t x i n utllic
, original qucstion, which IF a5 I h o
rcfcreiice of tho cmnniuiiic:tt ion to tlic Coiiiniittcc 011 Fiixincc? w:ts
pnt nnd cnrricd. arid the cointririniwit ion was so referred.
MY. Hill of &orgi:t prcwntcd :I lcttcr in relation to thc iiiiiit :it
Dahlonega,. Chi. ;which was rekrred to tlic Coinmittec on Finance,
mitlioiit Imng rcad.
Nr. Sparrow of Louisi:inu introduwd
A rc~solutioninstructing thc ('oinniittcc 0 1 1 Nilitary M'airb to inquilc
into the ncccssity of est:LMsIiing :L niilitnry road froiii Orange on tho
Sahitw liiver to New ihcria on tlic ih y o u Tcche, in the Statc of
Louisi:ina, arid i n what 'IV:LF said r o d can hc nit~dcat the least expctlsc
to I)c ust?ful and rfiicicnt, :mito report by bill or otherwisc;
which was read a i d :igrcctX to.
MY. Perkins of 1~0~1isi:ini~
occrcd
A rosolu tion rclutivc to the ailjournineiit of Congress;
which was rcad and, on his own motion. laid on the bible until
to-nlorrow.
Mr. Catnpbcll of Missiusippi presented the memorial of T. J. Love,
c:igtain of the Hocky Point ILiAcs, Xississippi Volunteers; which was
referrcd to the Committcc on Claim.;, without bcing read.

PIEOVISION AL CONGRESS.

Aug. 1, 1861.1

305

Mr. Veiiahle of North Carolina introduced

A resolution instructing the Coinlnittee on Military Affairs to inquire
as to the propriety of allowing tobacco as a part of rations of soldiers
and whether any legislatioii is necessary in order that such additional
allowance be msde, and to report by bill or otherwise;
which wa~jread and agreed to.
A i r . Chcsnut of South Caroliiia introduced
olntion instructing the Committee on Military Affairs to inquire
into :Lnd report on the expediency of so amending the law a5 to make
it incuiilbcnt on the Gomrnment to supply the troops with shoes and
clothing, instead of paying a certain amount of money to each soldier
fo r thRt purpose, and also on the cspediaiicx of calling on the several
States t o supply e ~ c l its
i own soldicrs in the Confederate scrrice with
sliocs and clothina, kceping an account of the same, t o be settled with
the Confcderate &overnmcnt at the end of the war;
which WRS read and agreed to.
Air. Chcsnut of South Carolina introduced
A rcsolution respectfulIj requesting the President to inform Congress, if in his judgment it shall not be inconsistent with the public
service, 2s to the condition of the Subsistence Department, and whcther
or notJ he has received any authentic information going to show a want
of su-fficient and regular supply of food for the Arm y of the Confederato Statci, or a n ? portion of it, now i n the field;
which wa5 agrccd to.
Xr. Jhiiniing~i*
of South Carolina of-fered
il resolution that the Corninittee on Finance be instructed to inquire
iiiLo the expediency of removing coffee from the frec list of the tariff
act a proved May 21, 1861;
whic i was agreed to.
3fr. Ncmminger jntroduccd
A hill to be entitled An act to authorize advances to be made in
ccrtniii cases;
which WCLSrcxd the first and sccond tiirics arid referred to Committee
on Military Affairs.
Mr. Malter lrcston of Virginia offered
A resolution instructing the Connnittce 011 Military Affairs t o inquire
itit,o the rxpcdiency of authorizing the Presidcn tl of the Confederate
States to give conmiisiions f o r officers above the grade of captain to
such persons as hc 11ia\- think fit to command roluntecr regiments f o r
the service of thc Confcdcratr Stnlcs. to he con~posedof persons who
maj- rerno\ c f ~ o i i Kentucky
i
o r Maryland f o r the pu~powof rnlisting;
upon thc coiidition. h o ~ v e w that
~ , iuch officcri shall not hold rank or
receive pay until such rcgiiiients have h e n raised mid are ready to be
inustcred into w r ice:
~
which was agrced to.
Vr. Ihi-i?of Korth Curolitix introduced
A resolution instructing the Corninittce on M i l i t a r ~M a i r s to inquire
in to the expediency of appointing a director-general of hospitals.
Mr. Xiles, from the Cornmittre on Military Affairs, to whom was
ref erred
A resolution making inquiry into the necessity of further legislation
to insure the niore specdy transportation of troops and military and
naval supplies,
reported that no further Icgislation was necessary, and asked that the

J-VOL

1-04-20

310

JOURNAL O F THE

[ A U g . 3,

1801.

and pay of the Confederatt. States, and if any of thein haye 1lot beell SO xerei! (d,
to
inforin this House why they have not been received.
2. That the Secretary of the Navy be requested to furnish like irlforlnation
respecting officers of the Navy in like circumstances.

BTr. 1-hett, froin the Conimittcc on Foreign Affairs, t o whoin was

referred a series of rcsolutionq toixchiilg points of maritime law
decided by the Congr of Paris of 1856, r c p o r t d thc mme back, with
the recommendation
lutioiis were ordered to bc laid on
011 motion of Mr.
the &ble and printed.
MY. Barnwell, froin the Comtnittee on Finance, reported
A bill to aiiierid a i l :Let to provide revenue from comrnodities
imported from foreign countries, approved Xay 21, M i l :
which was read fir& and second times, engrossed, r c d thiid time, and
passecl.
Mr. Barnwell, from the Corriinittec on Finance, reported
A bill t o slmerid :in act in rdlation to the issue of Trcssury notes;
which was read first :~ndwcond times, engrossed, read third timc, mid
passed.
Mr. Shorter, from the Committcv on Engrossment, reported as COTrectly engrossed and enrolled
An act to extend tlic pro\-isions of mi act entitled An x t to prohibit the exportation of cotton from the ConfcderaLc States, c x w p t
through t h e seaports of said States, nitd to punish persons offending
therein, approved May 21, 1861.
Mia. 13arnwcll of South Chrolina, froin the Chrnniittac on I~iiiaiiw,
reported
A bill relativc t o entry rtnd disch~irgt~
of vessels;
which w : W~I L ~ the, iirst : ~ n dmxmd tinieh and, 0 1 1 iilotion. phced on
tiic Cslendw and ordctrcd to ho printccl.
Mr. Perltins introduced
A rcsolution instructing tlic Coniini
in Printing to inyuiic. and
report why all t1w la.c\;spassed by Con
huvc iiot hrrn publi.shed,
and to dr ~i gt i a t thosc.
t~
which :LIT oniittcd;
which T V : ~rmid and agrccd to.
On motion of Mr. Ochiltrcc,
Congress tlicri adjournctd until 13 c)cIock to-inorro\v.

Aug. 5, 1861 ]

PROVISIONAL CONGRESS.

31 1

Mr. Ihrnwell, f rani tlie Committee 0 1 1 Fitiuncc, rrportod

A bill t o bo cntitled "*\n :tct to :inthorim the issue of 'rrc:rsury llotes,
and to provide i~ w:ir tax f o r thcir redemption; "
which. on mot ion, u-x\ pl;tc*cdon tlie Cxlcndxr, ordercd to bc printed,
arid iiuidc the hpccli:il o r d e r oT the d : ~ yf o r Tucsday ncst.
Jlr. Chnrnd, f m i i the Chinmittre on Saval Affairs, reported
bill to nnierid a11 act entitled "An act making appropriations for
tlie support of the Savy for the ?-ear ending the fourth of Fcbruary,
eighteen hiundrcd and sixty-two;"
which WLS read first :ind weond titiiw, engrossed, r e d third time, and
passed.
Mr. Cormd, from thc Comtnittcx?on Sara1 ilffaiis, reported
A Ijill to provide for tlic construction of a new1.v invented implenient
of war;
which was read fi
and accoiid tirries and. on motion, placed on the
calclldar.

A h . Milts, from thc Coriiiiiittce on Military Affairs, to whom was

referred
A resolution inquiriiig into the expediency of allowing tobacco us a
part of the nitions of soldiers, reported hick the saiiic, xsltcd to be disch:~rgcdfroni tlrc I'urt1ic.r conridcration of thc siibjcct, and t h a t the
resollition lit. on thc taxl)lc;
which \\ :)< i ~ g ~ wto.
tf
311..h t i h . from t h r Coiiiniittee 011 Military Affairs, to whom was
rcfv Srf d
.i rcsolt1tic:n inquiring into tlic expediency of confcrring niil i 1:n.y
rmli i:pon ch:LpI:Liiih in t lie Army,
rcl)ortccl t It(. s:m11: l):rck, a\lccd t o bc dischai,ged from its f u r t h r r consiclchrntioii, :hiid that tho Iwolutioti lie iipoti thc table.
,,
1IN> v o t t upon agreeing to the report huving been tx1cc.n by States,
r c l h i i l t c d :t*, lollows, t o wit:
Ten: ,llxbxm:i. ili'ktrnsas, Georgia, Louisiana, Xorth C:rrolin:i, South
C:rrolin:L, 'l'exas, arid Virginia, 8.
Nay: Florida and Mississippi, 2.
So the report was ngrccd to.
MY.Jlilc+, from the Committee on Military Affairs, to whom mas
rcfcrrcd a communication from the President, togethor with the rcport
of Iiicuten:uit-Coloii~~l
13nrtoii, supcriiiteirdent of the a r ~ ~ i o ri ny lticlimoiid, rcpoitcd h : d t thc ,s,znic, :~skctlto be discharged from its furt,her
coti~itlcr:ttiori,and 1 h i l t thc cwnimunication :idreport lie upon the table;
e Coiiimittt:c on Mil
c'Aili : t d to :Lutlno

J-

Affairs, reported I m k

itdwnces to l r ni:rclo in

passage with the followitig :~niendineiitfroin the

con i n 1 i t ttv , to wit :
After tlie words "authorizing the Secretary o f War, with tbc
tLppivI):ttioil of the l'resitlcnt, during thc existence of the present mar
to iti:iLc :L(Iy:inws upon,aiiy contract " inbeit tlic words '' not to
thirty-tlirto aiitl one-tliii~l1wr centum."
r ,
1 hcan~c~itclnicn
t wxh :igreetl to, and. the bill :L\ amendcd W:L> tlng
read ,z third time, and passed.
Mr. Miles, from the Conimittec on Militasy Affairs, to ~ h o n iw:L\
referred a resolution iiiquiring into tlic expediency of mtliorizing tilr
L

JOURNAL OD TRE

\ll

7 l%l.

President to instruct the military officers in corninand of tlie >(>\-em1

departments to prevent the accumulation of cotton at the 1:trious ports
of the Confederacy during the blockade, reported that the cornrnittee
deelned the proposed legislation as unncccssary, askad to be dischargcd
iron1 its further consideration, and that the resolution lie on tho table.
Mr. Marshall of Louisianii demanded the qucstkm; which l)cjtig
sustained, the vote was taken and thc report
agreed to.
MY.Venalnle, a t tho instance of thc State of North C:irolina, m o w d to
reconsider the rrotc by which thc report of tricComrnittcc on Sfilitnry
Affairs concerning the issuance of tobacco as thc p art 01 rations to soldiers RRS agreed to.
The consideration of the motion was postponed or the present.
Mr. Brooke, from the Committee on Patents. reported
A bill to amc>nclan act to establish a patent office, ~ n to
d providc for
the granting and issuance of patents for new and uscfnl diwot-cries,
inventions, iniprovemcnts, and designs, approved >lay 21, 1861;
which was read the first and second times, ordered to be placed on
the Calendar, and printed.
Mr. 7.R. II. Cobb, from the Coiiiinittcc on Printing, rcportcd
.4 bill to provide for the safe custody, printing, publication, arid
diutrihution of the laws, and to provide for tho appointmcnt of a n
additioritil clcrk i n t,he Department of Jiisticp;
which was taken up, rriicl fir4 and second times.
hlr. Keinphill rnovcd to amend hy striking out the worcii - * oiic dollar
and a half,whcre it OCCLI~Si n the bill, and to insert * two clollars.
The motion was lost.
Mr. l3arnwell nioved to :merid by .,trikiny out i n tho scwnth scction
the words and tho saltiry of tho chief clerk 41x11 hc fiftcvn hiirtclred
dol1at.s il JICILr.
Tho nniendmen t was agreed to.
Mr. Oldlnani inovcd t o strike out Ilia whole of thc hevciith
The inotion did riot prevail.
So tho bill W:LS engrossed, ~cwlthird time, anel passed a 5 :unendtd.
Mr. Shorter froiii tho Conirriittw on Ertpossrncxnt, rrportd :is (orn7~s

Ail act to miend an act rrititled * An act irirLlting appropriatiott~for

the support of the Niivy for tlic yo:ir encling fourth I+I)ru:ti.y. eighteen
hutidrd and sixty-two.
Mr. I<cnnn introduced
A bill furtlicr t o provide for the piil)lic*tlefensc;
whi(*hWLS ~ * e : tlic
~ d fi r4t anti s(~-oiidtinics mid r ~ f e i ~ ttod t hc Corno n Jlilitxry Al1:iir..
MI*.Pvrkins e n l l ~ t LIP
l tlic resolntiori offcrcd 1j.y Ilini, to \\.it:
etl, llitit (ongrew will adjourn 0 1 1 \Vc~liic~tlay,
the tliirteelith ii1.t:Illt [s,, 1,
iblc spin a t 1iicliinoiitl oit Tiuwhy, tlic: first of ocatobrr n e x t , 11111rsy sooiitv
y tlic: tt~~ricltwt
to coiinvic :it soiiie other tine or placc.

Mr. Cittiipbell i t m ~ c dto aiiicnd by striking o u t the ~vord3 Lacsday firbt, of O(*toh3r
next, and iiiscrting first Monday ill J)ec(\lr1ber..
Idr. 13ocock n~ovcdto aincnd the arriertdnicrit by iubertiiig in lieu o f
the words first Monday in 1)ccwnber the worcls lliloriday after tho
b

ived from the lresidcnt by the h:i& of hi.;

Primto Sccrot:q, Mr. eJosselyii, that he had this day approved and
sigwti
a

Aug. 3,1861]

PROVISTONAL CONGHES8.

318

An act to aiiieaci an act erititlcd A n ;wt iiudiing appropriations for

the support of the 5a1-y for the >-card i n g fourth Februsry, eighteen
hiiiiclrcd aiicl b ix ty-t mo.
Also that he had o i i jestcrday appro~wland signed
h n act to extend thc proviiions of : ~ na(*t,entitled An act to prohibit tlic cxportntion of cottoti froiii the Confcdcmtc St:Lteg, except
tlirongli tlic m ~ p o r t sof sxid States, and to puiisli p r s o n s offending
thercin. ;~pprovotlMay 21, 1861.
The lrt4dLant liar this clxy :Ip~wowdand signed
Ahnest to aiiiciid an art t o mtikt: furthci* provisions for thc public,
defense, :~pproved11th illaj, 1861, and to anicnd an ttct entitled l\il
act to incre:ise the niilitary estttblishmciit of tho Confederate Stat(.,.
ttnd t o trmtlnd the :irt for the estiiblislinicnt ttiicl oryanization of the
Arlliy of tlw Confet1cr:ite States of Amcric*:t;
l\~i
: i t s t to aiiieiid a n act in relation to the issue of Treamry notes:
also
act to anmid an act to provide revenue from cviriniodities importpd froni fo1vig.n counti-ips, approved May 21, 1861.
311..Miles mo\-cd that Congrrbs do adjourn.
T h e motion w : i b lost.
Ill(>(hair pi-csentcd a coiiiiiiuiiic:itioti froiii t h c Prvsidciif : which was
read, :tq follo\v\, to wit:

to be supplied tinder mLh iegulations as Congress niay detei~iiirie.

JEFFS DAVIS.

The coinmuiiicatioii WR\ referred to thc Cornmittcc on Military Affairs

with instriictions to report on banie by bill.
Congress having resunled the cotisideration of Mr. Perkins resolution and the anicndrncnts to same,
Air. 13ocock moved to adjourn.
The inotion was lost.
Mr. Mason, by i~naniixonsconsent, introduced
A ~esolutionin~tnictiiigtlic Corumittcc on Foreign Affairs to
inquirc into the cxpcdieiicj of providirig I)g la\! for the protection hy
this (>o\ cmimcnt of h~iclicitizens of IIi\wuri? Kentuc~liy,Mxryland,
and the I)i\trict of Columbia ah ~ R V Chccn o r msu\. he captured by the
niilitai y forws of the 1Jnitc.d Stntes in arim against them;
which is :qr~.cctlto.
Nr. ;\lzicfarlttnd ~no~-ccl
to lay t h e rcsolotion of Nr. Perkins and the
arnenduiciits tliciicto on the table f o r the prcscnt, :md dcinanded the
question; which was seconded, a i d tlic voto Iia~ingbeen taken by
State., resulted as follows, to wit:
Yea: hrlmims, Florida, Lo~iisima,hortli (hrolin:i, South Carolina,
and Virginia, 6.
X a j : Alabama, Georgia, NiAssii)pi, : t i i d l~xi\,4.
So the iriotioii prevailed.
On motion oE Mr. Keitt,
Coiigrws thcn adjonrned until 1;? orlock Monday.

314

JOURNAL O F TH32

[Aug. 5 , 18Gl.

FOUKJEENT1-Z I)AT--MOKDRT, Auc;usT 5, 1861.

OPEX

s~sslos.

Congress met pursualit to adjournment, and W R opc~ird

~
xith
bv the Rev. ,Vr. Burrows.
-31~.
,Jones of Al:ihttma asked leave of absence for his colleague, Xr.
Davis, O n acco1uit of sickness; which W ~ L Sgranted.
Congres5 resolved itself in secret session.
SECRET SESSIOX.

Congress being in secret session,

3Ir. Rhett moved to podponc thc special ordcr of tho day in order
to rcccivc thr, reports of cotnniittecs.
The rnotion was a m c d to.
Nr. Elhcbttj,from t e Committee on Foreign Affairs, reported
A bill to einpowcr the Yrcsidcnt of the Corifedernte States to :Lppoint
additional cominissioricrs to foreign nations;
which wit, read first arid sccorid times, ordcred to l)e printed, and
placed on the Calendcw.
MY.Ithctt, from the Corninittee on Fomign Affairs, to n honi was
rc f erred
A rcksiolntion of inquiry respecting the expediency of hying a duty
of 16 ptr cent :id valorem, in addition to the duties iniposcd by the
tnriff of Majr 2 1, I HG1, ete.,
repoi-tccl that thc conirriittcc decixiecl it inexpedient to legislate further
upon tlic ,sul)jcct, asked to ho discharged from its flirther considcration, and that the resolution lie ayoii the table; which wac, tigrwd to.
MI,. Shortc.i, from the Committee on Engrossnient. reportcd as
correctly cngrosml a i d enrolled
A i l w t to provide for thc s:ifc custody, printing, publication, :tnd
distrihition of the h w s , mid to provide for the appointinent of a n
tidtlitiond clcrk in the Depaitnient of tJusticc: and
Ail :wt to :inthorizo advanctis to be made in certain cahes.
31r. Conni(1, from the Coniniittco on N : L V RAffairs,
~
reported
A hill to pi *o\ dof o r the dcfrnw of tlic Mississippi River.
llic ))ill WIS read tlw first and second tinics and, on motion, ordered
to 1w l)rintcd m d plnccd o n the Calcnctar.
)I].. Conrad, froin tlir Coniniittcc on Naval Affairs, reported
A hill to :uithorize imprcssmcnts of property in certain C : I S C S ;
which \\:w r(1itd t h filht, :tnd ontl times, ordered to be printed, avid
pl:LcYd Oil thc (:Llcnd:ir.
Air. ~ J O I I ~ ~ o~f ORI ~
~ * ~ ~ u Ifrom
H ; ~tht.
s , (hiinlittee on Military ilfr:Lirs,
roporl cd
A bill t o giw aid t o thc people and Stntc of Missouri;
which %v:I~r d the fird ~ n sdc ~ o n dtimes, engrossed, yead the tilirc!
tinit>,: i d p:i\sed.
31I. .Iohiiion of Ark:~iisas, from thr Coinniittec on Military ,iffairs,
to W l l O l l l \v:1s rcfcrrcd
A i*woliition wthorizing the Secrehry of War to furnish supplies
to ( T I . t : t i l l troopi,
r ( ~ 1 ~ ) ~ t t. ch. dS~X ~ WI)ack, with the recoininendation thut it PASS.

Aug. 5 , 1RG1.1

PEOVISIONAL CONGRESS.

315

Bug. 5, 18G1.1

IELOVISTONBL CONGRESS.

317

UP.Chilton, by unanimous consent, presented t h e petition of merchants arid others of Xaslivillc, Icnn.,in relation t o tlic tariff on military supplies; w1iit.h \\.as refc~-redto the Cominittee on Military
Affairs, without hcing rc:td.
3lc. Chilt,on, by i i n : t i i i i i i o i i s consent, presented
A bill to be entitled An act to autliorizo thc Secretary of W a r to
inako R certain p i p i c u t out of the contingent fund of the War Depart111cnt;
which w i s read first :md second tiiiics and referred to the Committee
on Nilitar? dftairs.
Thc special orclcr ~i-itsthen ttikon lip, which was the consideration of
A 1)ill to bc entitlccl AII act to prcvcnt tho iniportation of African
negrocs froin any forcigii csotuitries otlicr t,han the slaveholding States
of the I,TnitctlStatcs, mcl to p n i s h p(rsons offending therein.
The fifth ,xc.tion k i n g n!i&i- cori!;icl(.mt,ion, the Committee on the
Judiciary offcred tho following :uiiendmcnt to the same, to wit:
Aftcr tlie word infornier, in iiftli linv, strike out. tloivn to t,he word into, in
seventli line, and inwrt 9 1 1 ~ i i o n c yarising
~
fro111or rrcovered under any of the pro~risionsof tliis act shxll, af
nt of cwetp, he paid, etc., so the section as
\v;ttc,r craft, on which RU(.II .\ frican negroes
oartl, rtwi\-cd, or trmsportetl :is aforeeaitl, h e r tackle,
app:ircl, fm.nitiir.c, a r i ~ l1:~tliir~
s l i a l l 1)cforieitc~l,
oiie inoiety to tlie Confederate States,
>titer p y i i i g :ill casts, :i:iti t h e otlict:. t o t!ic iiiiorinrr. A l l moncys arising from or
is o f t l i i u act sliiill, a f t e r Iiayiiient OF cosbs, be
clc~atcFt:tt(.s, arril sliall bc aliplied, uncler the
y of t l i e Trca~iii-~-,
to tlie tfiinsporting such .ifrican negroes
C i i t c i tlic kingdoin, state, o r couiitry froin which they were
brongti t.

I hc :Llllondnlcnt \sas :tgrccd to.

The scwnth scctiori bcingy iiiidc~i-coiisider:~tioii,the Coiiiixittce on
tlic ,Jiiclic.i:try oflcrcd tlic following ttnicndincnt, to wit:
of section T insort: .\I1 suits and prosecutions under this act shall
r ,

)y the district attorilc~vof tlie district in which the proceeding is had;

coi~vickionhe slid1 be allo\ved a lee of tivtmt,y-five dollars, which
against t h e drfcntlant. J3nt when there is more than one prosecution
agaiii.-t the same defendatit, if h e sliall prove unable to pay the costs, the Confederate
States shall only be bouncl to pay one ~ n c hice. IIe shall also he alloived three per
cent on suc31inioncys l)y hiin so Icc:ov(md ant1 paid into the Treasury, so t h a t the
section as amcntlect shall read as lollow, to wit:
S i r . 7. .ill pro~:et~iings
iintlrr this act ant1 a l l offenses against its provi6ons shall
hc Iixcl and prowtxtctl in Ihc: tlistrict court of the Conf
e Stater?,held i n the
o r ii!)oii llic w:iLcrs :it\jac:cnt to which, the
occur, or into whose
ricil. .inti all writs, process,
xecutioiis, o r orders
a l l i v i i :tiit1 I)c c i i l o r c ~ di n any St,ata of this Cr)iifc:ilerncy
ty; aiitl in tlre esec~itionof this act any marshal o r deputy
s ilia pos;.e >iiiyc,itizcn or citiz.ciis CJE the Corifederi~teStates. A l l suits
1.3 iiiitl~\r
tliis act shall be c:ondncted I - J ~the district attorney of the
11 tlie proc:eecling is liad; am1 for cvery convict,ion he sliall be allowed
a fcc of twenty-firc clolliirw, which shalt be tascd against the defendant. But when
there is more t,h:tn oiic proxxution against the s:tnie defendant, if he shall prove
unable to pay thil coPts, tlie Confederate States shall oiily be bonntl to pay one such
fee. i l e shnll a h bc a!lowetl three per cent on all moneys by him so recovered and
paid into the Treas~iry.

The amendment was agreed to.

air. Hill moved to arnend the hill 1)y adding the following
tion, viz:

RS 21

sec-

No portion of this act shall be construed to prohibit the reintroduction of any

African slave or slaves into a n y State or Territory of the Coniedernte States who inay
h a r e escaped or been carried away from eit,hcr of said States or Territories to the sea
or to any foreign kingdom, place, or t;onnt,ry.

318

.JOURNAL OF THE

[AW. 6, 18G1.

M r . Cotirxd ~rtos-cdto pohtpone thc I)ill :ind pending aniendrticnt till

the next session; which rnotioii prevailed.
The next special order having bccn tabcn up, viz:
A bill to prohibit the introduction of slaves from any State not it
member of this Confederacy, etc.,
was on motion postponed u n t i l the next session.
The next bill on thc Cnlendar being taken up, viz:
A bill to prescribe uniform rulcs of iiaturslization, ctc.,
was on motion postponed until the iicxt session.
The next bill on the Calcnchr being taken up, viz:
A bill regulating the purchase of stationery, ctc.,
was on motion postponed until next sewion.
The next hill on the I:alcndar being taken up, vix:
A bill to change the clerical f o i w in the War Depirtrw~nt,cte.,
was on motion postponed for tho prescnt.
The bill reported i>y MY.Conrad, from the (hinmittcc on K:~val
Affairs, hiLving been tnkcn from the Calencl:w for consideration, viz:
A bill to provide for lhe constrwtion of R newly invented iniplement of war;
iMr. Harris moved to aniciid hy inserting after the \\o;.dh t h e
President hc. and hc is hcrebr, aathorized tlic words i i i his
discretion.
The amenduient W R S agreed to.
Mr. Johnson of ,2ikansas ciemtindcct the question, which I Y R S upon
oidering the hill to h cugrosscd.
The demand being sustaincd, the vote. t : h n by Statw, rcsultcd
as Pollowa, to wit:
Y e i ~ Arkansas,
:
Gcorgi:i, Iloiiisiana, Sortli Cwoliiin, Tcxah, and
Viiginia, 6.
Nay: AI:ibain:i, Florida, JIississippi, atid Hoiith C:wolinn, 1.
So thc bill as ~inciidcd\V:L\ cngro~scd,read the third tiine, grid
pahsed
On motion of 11.11. G:irl:ind,
Congrcss then adjourned until 19 oclock to-iiiorrow.

SPWlLI.~l. hl~:bSIOS.

Clongrtw bcing in w c r t
Mr. Iltirris niovcd t h t
Iati1-e to affording aid to the peoplc of & h o u r i I)c kcpt hccrCt.
Tlir considcratiori of tlw riiotiou (5-as postponed for the present.
dcd to t h r con,sider:ition of tho special order of the
bill for thc issuc o f lrcnhury notes, and to provide
a wni tax for their d e n i p t i o e .
Mr. I3roolcc moved that thc ,saitic
p o s l p n d until Thursday next.

Aug 6, 1861.1

PROVISIONAL CVNORESS.

319

3Ir. Hill called f o r the question, tint1 t h e call h i n g seconded, the

question was put, and thc vote hai-in,c; 1)ceii talien !)y Stxtcs, resulted
as follows, to wit:
Yea: AltLharna, h r k a l i ~ t ~ bMississippi,
,
S o i t h Cxrolina, Texas, and
Virginia, 6.
N:iy : Florida, Georgia, Louisiana, and South (hrolina, 4.
So the motion p r w d e d , and thc consideration of the bill was 1)ostponcd.
311.. Orr, froiii the Corninittee oil Ihgrobsilieiit, rcportcd as correctly
engrossed aiid enrolled
4 resolution authorizing the Kccretaiy of JYar to furnish supplicq
t o c c h i n troops;
A n act to g i n aid to thc people ;tiid Stiitc o f Niswuri: and
ution to provide transport:itioii i:i CY
t q e ~ : L I-cceived
S
from thc Prc\idcnt
twy, MI.. ,Tossclp, iiiforrtiiiig C o i i g r c w th:~fthe Iresidcnt9
hncl this dny approved aiid higned
An act to give aid to the people aiicl State of Missouri.
Ihc Chtiir presented a coiiirriuiiieatiOii fro111 the Siccrctxry of the
ditional cstiiiiatw tor tlic pay arid iiiilcage of
Lrcasuiy contai
l l i c l l l l ~ ~ of
~ r \Po
whic*h, together with the accompanying doculilcllts, \v:th rcfc
the Coiniiiittce on Fiiiancc.
311.. ~Iacfarla1t
nted :L coniinuiiication f 10111 Doctor Citbcll.
*lottcwillc, xiid a rcwlution instructing the
coiiiiiiittc~
of onc from each State to inqniw into the condition of tlic
\icL : L I ~woiindccl tit the hospitalr at Charlottesvillc, CulllcperCourt
I I o t w l(:nhtLcoln. and everywhere rlbc, a u d to report what pro^ ision
~ r to
y be niade by the (;o~crnineiit in eorijiiriction with prirc\ for their relief, c k . ; which w a y r w d :idagreed to.
idcration of the n c s t special ordrr being talien up, which w:is
11 1)iII furthcr to pro\-idc for the public clefcii\c;
t h c 5:iiiic TWS, on motion of MY.Ihnnii, pbtponed itncl iiinclc the spevinl order for to-morrow.
Mr. Harris, by gcuertll consent, called f o r the consideration of a bill
from the ,Judiciary Coiiiiiiittee, entitled
A bill rcipecting alien eneniiw.
T h e first section of the bill bcing nnder consideration, Mr. Conrad
movcd to xincnd the sainc by iriscrting after the word thcrcuf, in
thc ti\ clftli line, the words *who slid1 mnlw :t declaration of such
iiitciition in due forin. so that thc sectioii :I> amended shall read as
follmvi, to wit:
SwrroY 1. T\UJCongress of Ute Co,rfrtLm/~Atnks (lo i w d , 1 hat u lienercr there shall
be a tletlaretl 15 nr bctweeii the Coiifccleratc~States and any foreign nation or government, or an) inrnqion or predatory ir
~ p crated,
t
attempted, or
threattwc~clwgainGt the trrritory of thc
y a n y foreign nation or
goveriinirnt, ant1 the Prcbiderit of t11(~Coiifetlcxrttte
a l l iiiake public proclae\ent, or the saiiiC shall
of C u i i g i e ~ all
~ , iiati\ e y ,
ens, or subjects ot tlir h
rnincnt, being males of
fourteen pears ofape and upwaicl, \\ Iio ~ l i n l bc
l n ithin the Conirderate States and not
citizens thereof, shall be liable to be apprehended, restrained, or secured, and
reniovrd as alien cneinics: Pra &d, That during tlic existing \Tar citizens of the
United States residing within the Confcdcrate States with intcnt to bccome citizens
thereof, antl 1% ho shall make a declaration of such intention in due form andacknowledging the authority of the Government of the same, shall not becsonie liable as aforesaid, nor ?hall this act extend to citizens of the States of Delaware, 3Iaryland, Kentucky, ant1 AIis-onri, antl of the District of Columbia, who shall not be chargeable
with actual Iioitility or other mime againit the piiblic safety, and who shall acknowledge the authority of the C;overniiient of the Confederate States.

T h e amendment was agrccd to.

Mr. Chilton moved to amend the same section by adding aftfr the
words District of Coluxzbia, on the fourteentli line, the words * and
the Territories of Arizona 2nd New Mexico, and the Indixii lerritory south of Kansas, so the section as aniended shall read n s Pollows, to wit:
SECTION
1 . 7he Congmys of the Coicfedrrtrte ,States do en(ccf, That whenever t l i r ~ r rs11alt
be R dpclared war betweeii the Coiifcderate 8tatcq and any forclgn natio:l o r go\ -

Tho :menilrnen t was agreed to.

Tho second section of the hill being under considcratioc, A1r. Smith
~novcdto amend by striking out d l after the word aforrsxid, in LIic
third line, down to arid includiiig the word and, in thc fifth line,
hing tlic words, to wit:
to dirtxt t l w conduct to be oljhcn wl 011 tlic part of the Confederate, Statc3,i toward
the aliens Iio slid1 bwoliw 1id)le a q aloic-aid, and in what caw? and upon hat
~ecuritytlxir r(ihid(wwshall Iw periiiittcil, x i ~ l
r ,

Lhc iiiotion was lo\t.

The thiid wetion bring iuidcr considcration, Nr. Hemphill moved
to timend by striking out the word twenty, in thc, sixth line. and
iriscrting in lieu thercof tlic word . forty.
N r . IIwris cnl led for the clwtion; w1iic.h being sScondeC1, the Tote
was taken wid the snwndincnt agrecd to.
lhc fifth section hcing undcr c~onsitirration,MY. Smith 11101 ed to
i i i ~ ~ tlic
i d s : m o by striking out the words who by the President of
thc Chfcclcmtc Statw or, oil tho third liiie.
lhe niotion W L ~ lost.
311.. Davi\ riiovcd l o :uncnd the bill by adding tha f o l l o ~ i r i gwords
:L\ : ~ I I:idditiori:il scction, to wit: And the expcnscs of suc]l rcmov:il
shall h allowcd nncl paid l y thc Secretary of tlie Treasury.
The inotioii w m lost.
$11.. Shortcr, froni tlie Conmiittee 0x1 Engi osament, reporled a h corrcctly ctigrossed :md enrolled
An act to provide for the construction of :L ncwly invented iriiplciilent of war; :ind
1to.solution~of thanks to Gcna. Joseph E. Johnston and Guhtavc
k. 13ctLuregard and the officers and troops under their command :1t the
battle oi Manassas.
The bill as amended was then engi,ossed, read third time, and p:Lssed.
On motion, the President of the Congress wab authorized to intruct
the messenger to procure a suitable box f o r the safe-keeping of the

Aug. 7 , 18til.l

PROVISIONAL CONGRESS.

32 1

secret bills of the Congress, the s:me to be paid for out of the contintwnt f u n d of Congiws611 motion of MI*. 1{roolie,,
Congress then adjourned until I2 oclock tomorrow.
10s.

Congrcss being in csc(

The Chair prcxcnlcd to Coil
dent nominating, f o r th

coiiiiiiunicstion froin the Presionsent of Congress, officers to

t h c raiik aflixed to thcir imriics, wspcctivcly, viz:
a,

ac~irr-gericrals-I~aa(,1:. lh-iiriblt
cir\,l:ziid ; h i i i e l ltuggles, Virginia.
or, .\djntant-(;enerais I)cp~~rtriic,iit-ltot,rrt C. Hill, Xorth Carolina.
r

1lie iioiniii:~tioiiswerc rcfcrred to I iic Co:iirriittw on Military L\Eairr.

Congrrus rcsiimcd Icgisl:tti\rc session.

[Aug. 7, 1861.

into the propriety of authorizing citizens of the Confederate States to

make reprisals on land to the amount lost b j 7 them by reason of confiscations made under the authority of the United States, and to report
by bill or otherwise;
which WTS read and agreed to.
Mr. Norton presented the uiemorial of ccrtain mail contractorb;
which was referred to the Committee on Postal Affairs, without being
read.
Mr, Wri ht presented the petition of certain cit,iams of Georgia
and North barolina relative t o an assay office a t Dahlonega, (;a. ; which
was referred to the Committee on Finance, without loeirlg read.
Mr. Perkins ofiered the following resolution; which was read mid
referred to tho Committee o n Foreign Affairs, to wit:
KesoZeed, That Congress heartily approyes of ant1 unites iri thc r e c o ~ n t ~ r e n c l n i iof
t~i~
the cotton fattors and insurance coiiipnnies tlliit 110 cotton be sent forward from the
interior to the seaports of the country during the existence of the blockade.

Mr. Marshall ofFered the follomj ng wsoliition: which was rtwi aiid
agreed to, viz:
Resoluetl, That hereafter the hour of tht. iiieetiiig of Congrws 1)e fixwl at rlryen
oclock a. ill.

Mr. Brooke presented

A. bill to amend the Provisional Constitution of the (onfcdwate
States;
which was read first and second timcs and referred to the Corriiiiittee
on the Judiciary.
Mr. Brookc pmsentrd
A bill entitled An act to aincwci the Constitution for thcx lro\-ihjonal
Government of the Confederate States of Smeric:~;
which wis rczd first and srcsond t i m e s and wfcrrcd to thtx (oinnii
on the .Judiciary.
iMr. Harris offerccl thc follom ing rcsoliitioii; Jrhich with t : ~ l \ ( ~ i iup
and read, viz:
Hcsolwt?, Tliat tliis Coiigress w i l l utljc~urnon Moiiday, the ~ ~ i n e t t w i tinstxiit,
lr
to
meet again 011 tlw third JZoticlwy in N o v e i r r l ) ~next, unless sooner tallcd togc~tllc~r
by

the President.

Mr. Iturib dc~n:uitlctlthc qwstioii; whicsh Iwing put, and thv vote
h:Lving been tdrcn 1)y States, resnl trtl :is follows, to wit:
Yew: Blabanla, Georgia, Nlissisbippi, North Carolirta, South ( h o lina, md Texas, 6.
Nay : Florid:L, Louisi:ui:i, :mi Virginia, :3.
Dividcd : Ai-knris:~~,
1.
Mr. Johnson of hrkimbas, :it) the i i w t : L i i w o f Ilic Stat(. o f .\ i*li:tiih:~s,
drui:mdcd that, the ycas and nays of the whole body l)cx recorded;
which resulled 5th follows, to wit:
Alabxni:+-Ye:r: Messrs. Wdker, Curry, Chilton, 3lclbw, a i t d ,Jones.
hrlransas--17c:i: Messrs. Garland and Watkins. Nag: M
Johnson and Thoimson.
Florida-N:Ly : Mr. M o r ~ o n .
(her ia-Yca:
Mcsbri. IIowell Cobl), Hill, Kena11, and Stephens.
Na.y: 3 cssrs. Tooiii1)s, Foreman, and. Wrigl~t.
Lonisiana-Yea: Melessrs. Perkins and Marshall. Nar: Mezsrs.
De Clonet, Conrad, Kenner, and Spwrow.
Mississippi-Yex Messrs. Warris, Brooke, and Harrison. Eay :
Messrs. Barry and Canipbcll.

dug 7 IS61 ]

PROVISIONAL CONGRESS.

323

Korth Ctirolina-Yca: Messrs. D

A\Tery, Smith, Ruffin, and
Craipc. Kag : Blessrs. Xorchcad,
ar, and D:ividson.
South CI:irolina- - Poa: M
rnwell, Chesnixt, and
. Nay: Iilcssrs. ller
Texas-Yea: ;1Irssrs. GI.
chiltree. ?;a\.: Jlessrs.
Hcmphill and 71aul.
Virginia-Yea: Messrs. Bocock, Scott, a i d 3hsoti. Nay: Xessrs.
Seddou, W. T3. Preston, Tylcr, Macfarland, Russell, and Walter
Preston.
So tbe rcbolution W R S agreed to.
Xr. Smith of North C:irolirin introduced
A resolution dirccting the Conimittec on Finance to iriyuirc into the
expccticncy of authorizing the p iicrit of dues to the (;overrimant,
mid to e t d i dopartinorit thereof, to la niade i n thc bills of htinlis w11osc
currcz1c-yi 1 1 t h o States wlicrc piiylncnt is made is by law receii-able for
Ststc taxes and other St&: dues,
and tlut they report by bill o r otherwise:
Tha resolution \ m s taken iip, read, and agreed to.
Alr. Smith of North C:wolinn int>rodiic.ed
A bill to 1)c entitlctl An act t o t~iucndan a c t entitled ,\n :wt recognizing tho csistcwcc of war hctween the Iriitcd Sttttw and tlit Confcdcrntc St:itw. :ind c o i i ~ ~ ~ r n i n ciw of inarque, prizes, and i)riz(l goods,
h m ~ d l ~ cadl l d sixty-one. and a l l :ict
a p p i ~ > v ( d1 1 : ~
s i l~t h , cigii
ctititlcci -111 act rqyil:Ltin
s:ilc of prizrs and thr distribntion
tliewof, :ilq)ro\cd ilia>*sixtccnth, cightccn hundred mid sixty-one:
whicli \v:ts r(\iid first and sccond tinics t ~ n drcferred to the Committee
011 x:Lv:ll ,lHairs.
nted tlic nicinorial of W. 13. Whitelicad, of Korth
C a ~ ~ ) l i n1:itc
a , an officer in tho Iriitcd States ltereniio Service; which
\v:
rrc4 to the Coniniittc.e on Kaval Affairs, without being read.
ococli prcbented thc rric~iiiorialof fJonaa 1. Lc\-p; which was
r r f ~ r r c dto the Committee on Kan11 Affairs, withont bcing rcad.
111. l3iw)lcc prcsentcd a. c.orniriunication froni lhom:Ls 1. Ltincl;
M hich was i.cfcrrcd to tho Coininittee on Nilitary ARairs, without
bcing m i d .
MI-. Icrliins, froni the Cornniittcc on Foreign ,Wai rs, rcportcd
i\ hill to p i d i i h i t tlic: i i n p t a t i o n of :n.ticlcs the pi.otliic.tion or
i t i : i ~ ~ f:ictrtr-c
ci
o f thc: Iiiitcltl Shtcs, or of othcr ixitions, into thc Conf(,tict.ilicStutw froni thn I:nitccl States, arid to punish pcrsons offending liierc~in;
12 Iiicli \VRS rciid f i l b s t :urd s(Lcoli(t tinivs, 1)I:ud on the Calendar, ilnd
ol*dcl~cd
t o 1,c printcd.
31I.. Jlaion, f m n tlic Chutiiittec on li:oi*cign fixirs. rc3portcd
b i l l t o c.xtcric1 tho protcction of tho Confedwu States to citizens
of ot1rc.r St:ttcs in ccrt:tjn (tiscb;
which WLS rc:d first and second tiniris, placed on thc Calendar, and
o r d c r ~ t tlo bc printcd.
XI I.Barnwell, from the Corninittee 011Finance, to whom \v:is referred
tlicpctitiou of Petcri; & Kecd. praying :I wnii4oii of d u t i e s on imported
goods, reported thc s u n c l)ack, with tlic rccoiiirrieiitiatioii that no action
be taken on the subject, asbed to k)c clisclxirgcd from it;, further consideration, and that the niemori:il li n the table; which was agreed to.
Mr. I3:wnwell, from tho Coininit
oil Finance. reported
A bill making additional appropriations for the Army and volunteer

p b t p o n d for the prese1it.

Atr. M i l o h , from the coinniittec, by uiian iinous comerit, inor-cd to
yeconsiclei*the y u t c o n the cngrossnient and passage of an act to amend
;LIi : ~ c tto m a h further prori4oii or the public defense, approved
May 11, 1861, n i i d to amend an act elititled An wt to increase the
iiiilitary cstxI)!ishtnri~t o f the. (loiifedemte Stntes, :inti to amend the
;tct for the c~,,l:i~,lislunc.ntaiid organization of the A i r m yof the Confcc1pr:Lto St:itc~,,f o r the, prirpose of rr~wiiiinittingthe mrnc to t h e
Coniiiiittcy~oil 2iilit;irJ-1lff:iiI.s.
rhc mot ion u A > :lgi*ccdto.
w:ib

, I

1 1 i ( x (oiigrc-s

r : q - pwvi&n

r c ~ i i i i i dt l i c l

consideralion of the bill making tempo-

foi. n{Ltitr:ili:4ng as cilizens of thc (:onfederate

States

siich persons IMIW cit imns o f the Statw of Kentncky, Missouri, Naryl:ml, wid D ~ l a am,
n rrsytxdivcly, as ni:iy desire so to become.
The qiiwtiori fwiiig. on tlic iiiotioii of- MI..
EIeiuphill, to strike out
i i i tha fird m t i o n t h word :illcgi;zncc and inserting in lieu thereof
111(, w01xl 0t~cdirllC.c~:
11r. IIeinphill aiiieiidcd his rnotion by inserting after the word
:illcginnce tho words t,o aiiy foreign slat(..
rhc anicndnirnt wns agreed to.
MI.. Ocldtrcc. 11io\-cdto ainend thc
tiori by adding after the words
-That any pc~isoiinow :I citizen of
r of the Ststtcs of Kentucky,
Missouri, XiryI:~iid,IIcl:iwnrc~,or the District of Columhia, the words
01 citizens o f (hlifoniia horn in either of the slaveholding States of
thc l:LtC IJiiitctL Stxtes.
rhc iuotiuii \vab loit.
M r . Oldhani n i o \ . c d t o :tiiic?nd tho section by adding after the words
dc:,iriiig to 1)rc.oiiic~
:i citizen thc m o r d b of any State.
Pending the di.;cussion thcreori, a i1irssag-e war r(
Ireklent, tbroirgli h i h 11-irate Swrrb~ry,M r . ,Josselyn,that on J estt.rclny he had : ~ p 1 ~ r oand
\ ~ dsigned
An act t o provide for the conytruction of a newly inrented inipleliltlll of wnr; :tlso
lttcsolutions of thanks t o (+ens. *Joseph 11;. J ohiston and Gustave
r \
I . 13cauregurd arid the officcrs niid troop:, undcr their coinmand a t the
battIe of Manassas.
Mr. Conrad inovccl that thc injunction of sccrecy hr not removed
from the act to provide for the construction of :L ncwly invented iinplement of war.
On motion of Mr. Bocock,
Congrc.ss :iiljomned until 11 oclo(~Lto-1riori~)w.
b

3 26

JOURNAL OF THE

[.\ug.

s. 1861.

O P J * X SPSSIOY.

Congress inet pursuant to ,zdjo~irri~t~r,nt,

:~ndW:LS opened with
prayer by the Itev. Ms. Woodbridgc.
Congress then resolved itself i ri to secret session.

Congress I)eing in secret st

t, inoved to amend the Journal of
Mr. Miles, by unanimous
yesteday by striking thesefrom the motion inade hy himsclf fro111 the
Colnmittee On Military Affairs, to s e c o n d e r 1 he vote on the P I ~ ~ ~ O S
ment and passage of
An act to allicnd a11 act furthrr to provide for the public defenhc, ctv.
Thc motion was agreed to.
Clongress then took up the special order of the day, v hioh \;~:L,s the
considerntion of a hill from the Finance Committee, to 1~ entitled
An act to authorize tile issue of Treasury notes, arid t o pr*ovidc:L
war tax for their redemption.
Mr. 13arnivell mored to postpone the special order for tlic p i n p i e
of considering
A resolntion touching points of niaritinic law decidcd 1)y the Congress of Paris of 1856.
The motion ww agreed to, and thc rwolution \ y i l h ~RIWII ~ 1 > ,
, rcatl :Lthird tililt>, ~d i)iihsed.
ontl swtion of t h c hill, which WLS thrl s p C i i L 1 ortlc~*,I)!kiiig
siderat>iori: which is :IS follows, to wit:
Sw.2. That for t h e 1)tirposr of funding the &l notea, s i i d of ixiakiiig c
wlr of tlic, s:dc of raw produce a i d rnannfactured articles, oi
pwic or niilitary stor the Sccretary of the T r c a w r y , with the ~cseiit
eiit, i.i a i i t i i o i i z t tl to
al)lc riot Inort than twenty ycwzl
after date, a i d Iicniiug a iatc of iii
liiig riglit per centuin per ttiiiiuiii,
becoiire i~iyable,t h e iiiterwt to bc piitl seniia~inually;the p i l i d kxii:d~not
in the whole, oiic linrrclretl i~iii!ioi~s
of tlollars, arid to be dceined n \ill)stitute for thirty iiiilliotiq ol tlw hid^ authorizccl to bc i-wcd b y the art ap1)rrncd
BIllny nixtcciitli, ciglitecii kiniidr(~1:~ii(lcisty-one; and this act is to be deeiritd a re\ ocation of t h c t ~ u l l i o r i t yto issw tiic sdid thirty n d l i o i i ~ . The said boiidq t?h,iil not be
ishued in 1(w R I I I ~ I St h m on( trniitlrctL dollars nor 111 iractional parts of a huiitlrecl.
Thcy inay be sold for q ) w i c ~ iiiilitiiry
,
slores, or for the pmeetis of raw
nismufwturcd articles, iii llic f i i i n i ~iii:irint~as is pro! itled by the act af
ioiis of tlic s<iiiicI i a w b
w t a r y of 1 1 1 Trewiiry
~
g of ttw I)lockadc as hc

MI-.
Ioomh luovcd to ~ m c n dtlic saiiic by inserting aftcr thc ord
sh:~11,on thc iift i i l h line, the words have power to.
31r. W:iiil i i l o ~ dt o :Linciid tlio aineiidincnt ofFcrcd by Air. fooiril)s
hy adding 1 Iirreto the worcls i f required by the subsc~ril)crs.
Icnding whidi, Mr. Shorter, from the Committee on Engrossrricnt,
i*cportcdas correctly engrossed and enrolled
An izct sesycctiiig alien cnerriies; mid
An :Ict further to provide for the public defense.
MI..
Hill cdlcd for tho qiiestion, which was upon ngrecing to the
:~mcndnientoffered by Mr. Waul; which being seconded, MI-. Conrad

JOURNAL OF THX

328

[ \l?

l%l.

In respollse to your resolutioii 1coininunicate herewith a report Irom Charley Dim~ l ~ o cm

k ,y colonel of ordnance, v, hich, with the accoinpanyiIlg ctocu1ncnts, n ill p1ac.t.
CJongreds in possession of the infurination desired, so far as sinall arms arc coi1ctlriwl.
t am un%blcto state \\hat nnmber of regiments are formed or in p r o c c ~of
Formatioll but not yet receired into the service of t h e Confederate ,3tat?>. C O l l l j,:trlies are belng organized rapidly in eastern Virginin, t h e valley, and sonthrvcstern
Virginia, and ~vvewill in the course of the next two weeks have as niany cornpanics
in t h e several camps as can be armed from the limited supply of arms which I haye
now at command.
JOHN I,IY~CIIISR.

Mr. Miles presented the memorial of James G. IIolmea, of Charlcw

ton; which was refcrred to the Committee on Jhtenth, withont hcing
read.
Mr. Waul moved that Congress do now adjourn.
Mr. Thomason, a t the instance of the State of Arkansas, demancicd
that the yeas and na 7s of the wholo body bc recorded; the -\rotebeing
taken, resulted as foflows, to wit:
Yea: Louisiana, North Carolina, Texas, aitd Virginia, 4.
N:ty: Arkansas, Florida, slid Georgia, 3 .
Divided: Alabama, Mississippi, and South Carolina, 3.
Alabama-Yea: Messrs. Curry, Shorter, a n d .Jones. Say: M(
Walkcr, Chilton, a i d JiIcRac.
Arltansas--Nay: Messrs. .Johnson, Thornason, (;arlxiid, : ~ n dWxt-

kins.
Florida-Nay:

MP. Morton.
Georgia---Yca: Mr. Stephens. Nay: Ntcs~rs.Toom1)~,I<or(wi:in,
Nisbct, Hill, %\.right,and Kc11:~u.
Loui&na--Y ea: Messm. Perkins, De Clouct, K c ~ i i i i w , S1):~rrow,
and M:ir\hall. Nay: MY,Conr:d.
Mississip )i- - Y m : Messrq. I3rookr and I k ~ r r y . Y:LJ : MPM-~.
Harris titid h r i s o n .
North (twoliiizi-Y O:L: A1
Davis, A w r y , Vciiablc, Lurycw,
Craig:, : ~ n t l Davidson. Sa
e.
Smith, K i t A i i i , mid 3lorchc:id.
South C:wolina--kc:i: Mcssrs. lthctt, Kcitt, and Chesnnt. S:LJ
:
Messrs.
12:~rnwc?ll,Mlriniiiingcr, :tnd Miles.
r y
iexns-Yea: Messrs. I t c a p n , lIemphiI1, I V d , uud G egg. N t ~ y :
Mr. Oldhum.
Virginia-Tca: Alassrs. Scddon, W.
rcston, Tyler, Scott, Russell, rJohiiston, and Sbiplcs. S:y. : ;Lr
~ l x s o n ,Broclrcnl-~rongll,

and Raltcr l(l>iton.

My. Curry cicrnnndcd the qucstioii, whic.h .vvas upon agreping to tile
urnendiiient ofIchrod 115 Xlr. J(1rkirih; the dcni:tnd hcing scconcled, :\nd
tho vote h:Lving bccn taltcn by St,:itcy I Lilted :is foiioms, to wit:
Yea: Floridti, 1.
Nay: AltLhtlliL, h r h t \ , Gt:orgi:i, Nissibsippi, Sort11 (JLLr.olinil,
South CarolintL, lextls, and Virginia, S.
Diyidcd: Imiisianti, 1.
So the amcwtlrnent was not ~ g r c c dtJo.
On motion of MY.Brooke,
Congress t,ht!ri :~djo~riied
until 1t oclocl: to-itmrrow morning.
EXX~CCITTIVIZ SESRIOS.

Congress heiiig in csccutive sessior1,

h e Chaiy presented to Congi*c.sst~ colllmuiiic:ltioll fr.olll tllc lresidont, tixnsmitting t h nomiiiation
~
of Edward J. H:irdeu, o f (;oorgia,

330

JOURNAI; 0% TIIF:

\I& 11

l%l.

Mr.Chilton moved to :tmend by adding at t h e end of the s e c t i o n the

following words, to wit: . but this provision shall not prcvctit the
time before the period fixed
subscribers from making sales at
the Secretary.
The amendment was not agreed to.
And the section as amended reads as follows, to wit:
SEC.2. Thai for the purpose of funding the said notes, and of making exchange
for the proceeds of the sale of raw produce and mnnufactured articles, or for the
purchase of specie or military stores, the, Secretary of thc Treasury, with tile assent
e more t l ~ a n tqverlty
of the President, is authorized to isrue bond., p s ~ y ~ h lnot
years after date, and bearing :L rate of interest not exceeding eight per centmn
per i t l ~ ~ ~ uuntil
~ n , they becoirie payable, the interest to be paid selniannuallv;
the said bonds not to ttxc~ml,i i i the whnlr, one hundred illillions of dollars, and to
be deemed a substitute for thirty inillinns of the bonds authorized to be i s - u d b y
the act approvet1 May siuteenth, c~iglitet~n
hundred and sixty-one; and this act is to
be deemed a revocation of the authority to issue the said thirty niillion.. The said
bonds shall not he isstirtl in less suiw than one hundred dollars n o r in frslctioiial
part8 of a huntlratl, except when thc sril)scril)tion is less than one handred dollars,
[the said bontls may be issued] in swns of lilt v dollars. They may be sold for specie,
military aiitl~iavalstores, or forthe procecds o f r a x produce and inanufactured articles,
in the same manner as is provided by the act aforewid; and whenevcr subscriptioils
of thesame have been, or shall he, made papable a t a particular date, the Secretary of
the Treasury shall have power to extend the tune of sales until such date as lit: dial1
see fit to indicate.
The third section being under c o n s i d e r a t i o n ; which is as follow-.,

to wit:
SEC.3. The holders of the said Treasury notes may, a t any time, deniand in
exchange for them bonds of the Confederate States, according to such regulations
may be made by tht. Kwretary of the Treasury. Hut vlienevcr the Secretary of the
Treasury shall advertise that hc. will pay off anv portion of the said Treasury notes,
then the privilege of funding a? to snch notes ~ l i a l lcease, unless thrrc shall he a
failure to pay the sanie i n spem mi prcscntatim.

Mr. Oldham moved to iiineiid tlio stme by striking out tho whole
of said section, and, :Lt the instance ol tha Ststo of lex~ih,dcriiantlccl
that the vote should be taken 1)y Shtcs, :tnd that the ycas and nays
of the whole body bo reeordd: md the (111 ion liaving 1,ceii put,
resulted as follows, to wit:
Nay : Alabama, A IIIMLS,
~ F1o 1.i tl :L,i;tm-gi:t, Louisiana, Mississippi,
North Carolina, South C!arolin:i, rc1sas. and VirginitL, 10.
A I abamL---i\l ny : Messrs. JJ: ~ lw
1 I Sriiit,ti, Cu vry , Ch ilto 11, MclL:te,
Shorter, and Jones.
Rrlmmw-hay: Messrs. J obtlsori, Thointisoti, (hrland, a n d W a t l t i n s .
Floridti-Nay : MI. blortoll.
Uaorgia--Nny: Mcssrs. Toombs. F o m ~ i a n Crawford,
,
Ninbct, flill,
Wiwight, K e n t i n , arid Stephens.
Ilouisi:LarL--Nay: Messrs. P(~rkiiis,lk Cloiic~t,,(k~nr:d,Kenner, Sparrow, and Ma,~sIiaIl.
Missishippi --N:iy: i\/lcssrs. IIurris, 13roolcc., l \ m q - , ~ ~ l Han-isoll.
ld
XoAh Carolina--K:y: MCICSSXS.
IIiL\-is, A V C I ~ , Sniith, Ikxffiii, Vcnul)i.,ie,Morchead, Craigc, m d Davitison.
South Caroli na-Nay : &f csws. ltliet t , T3arri we 11, Memmingcr., Miles,
and Boycc.
Tcxw-Yeti: Messrs. O l d h ~ ~mmi l OchjItre~. Nay: illessrs. Ileniphill, Waul, and Grogg.
Vi rgi nia---Na.y: M rs. Seddon, W. 13. Preston, Tyler, Jlacfarlsnd,
Bococ/<, Scott, Mason. Brockcnbrougl~,Russell, .Johnston, St:zples,
and Wtdtw Preston.

331

IROVISION AL CONGICESY.

Arig. 9, lS(;l.]

So tlic wncndmcnt

WLS not agreecl to.

A i r . Seddon nioved to amc.nd by iiiscrting after the word
tlic. iollo\ring ~vords,to wit:

anti t 1 1 ~ .holilers of t.aitl b o d s ilia? cxclimige thrni for

thv atiionnt of snrh nottls t h c x n outstmidine d o ( v not (x

S t ~ t c s

Treasury notes whenever

1 fifty millions of dollars.

:Lnlelldmcnt \va3 not agreed to.

Scdtlon niored to amend t h swtion by adding thereto the fdlrip words, to wit:

ht.
11..

the date ol t c w
this act to tlic

? debt, mliethcr dnc t,o cor~ ~ l u a lan(1

- , it not acc*cy)ted,there s;hall be a stay to t h c collection
trust of wcli drbt until six
ted Statw, ant1 u n t i ~then, froru
t than may be ullowcd uiider
for ~1hich said 1 1 0 1 ~ 5nii~!- bc exchanged, I n i t during such stay

M u . Zlcnipliil! moved to reconsider the vote by which the second

section W:IS adoptcd.
The motio:i mas riot agreed to.
. ,Jo1inwn oi drliansas dcmandcd the question, which was upon
iiig to tlie iLin(~ndiiierit~)iwl)osctl
1)y MY.S(ddon; tuid the dcrliarid
being hc~condctl, tlic. question w : i s pit, and tilo ~rnendiiicritwas not

\ I d 1 for t1ic toitciturc a i l t i coriiiscation of the Cstates, property,

a n d cffccts of alien cncinies.
Ihc n~otioii\r R S agreed to, :xiid t lie billq having received its first nnd
second readiiigs, I\ : ~ hpl:~crdo i i tlw C:~lciid:u*m d ordered to bo printed.
I t , ruovcd to reconsider the
,\I 1. M ~ i i i i ~ i i ~ i g1!y
( ~ uii::iiiiiio\ia
r,
(011
rott. by wliicli :L ~~cwliition
t o w l i i i q 1 iti of niaritime law decided
of 1:irib of LS3i \ \ > j \ p : ~ ~ w i .
r ,
1 111. niotion \ \ a s tigrccd to, a i i d t1ic.j w d u t i o n was laid on thc tfthle.
1t ed two me niorial s from
M r . ,1l:Lcfarl;lllcl, by gencml con
citizens of Virginia, praxiiig i*cd
uiage:, clone by soldiers;
which W C I T ieferrcd to the Conini
Ckim.;. without bting iwid.
MY.13:irnwcll, froiii the Comniittcc on lciiiaiice, by unanimous conh c i i t, iiitroduccd
A ])ill to cstabiidi ahsay of1ict.s at Charlotte : i d Dahloncgft;
which wa\ i m d iiiht and wcontt timcr, pl:wcct on tlic Calendar, mid
orct~rcdto
1)rintcd.
The fourlh ijcctioll ol thr ))ill \wing undcr considcration; which is as
fullox,., to F\*it:
(This of bill to i.;suo Treu5ury ~ioteq,and pro\-ide war tnx f or their
redcnipt ion.)
SBL.4. That for the apecial purpose of paying the principal and interest of the
piblit debt. ar,d of supporting the Govermlicnt, a 15 ar tax ihall be assessed and
levied, of fiftv cents upon c ~ c hoiic Iiinitirt~ldollars i n 1 alne, of the following propcrty i i i thcl C;nfctlcrats S t a t w , naim3Ic I+a1 w t a t e of all kinds; slaxs; merchantlise;
bank sto( k-; niilroad and other corporatioTi stocks; iiioney a t interest, and cash on
hand; (.tittle, horses, and mules

Air. K c i i i i t ~moved to a i ~ ~ e i ithe

d same by adding at?the end of said
section tbc words
7, hou-ei el., That wheii the taxable property herein abor e enumerated, of
d of a family, is ol T alue lew than fi\ c hundred dollars, such taxalile prop111 ])(> c.seinpt froiii taxation nndcr this act.

332

JOIJRNAL OE' TEE

[bug. 9.19Gl.

Mr. Thomason inored to aineriil t h o :mendment by d d i n g the l'ol

lowing words, to wit:
&ovidpd, That the proirisions of this
citizens of the Coilfederate States tlq o
less t h i i five hundred dollarr iii \::lnc of
t h e property herein specified as subjec f tasatioii: i l n d pi,oiided cclso, Tfixt p' PDO:IS
citizens of the Confederate States in the Army ax1 Navy and voluiiteer 6ervic.c of the
Confederate States, the appraiped value of whose property does not esc*eed o w rhonsand dollars, shall also be exeuipt from the provisions of this act.

Mr. Harris moved to lay tlieaiuendment to the ainendrrient on the tihlc.

Mr. Hill demanded the question, wlrich was upon agreeing to the
motion of Mr. Harris to lay the amendment to the amcndmcnt on tlic
table; arid the cleninnd being seconded, the qnestion was put. : i d
the motion was agreed to.
Mr. Ochiltree demanded thc question, wliicli wab upon agreeing lo
the amendment offered by sir. Kenner, arid, tit tho instancc of the
State of 'l'cxns, dwianded that t h o vote bc taken hy Shtes, and that
the yeas and nays of the whole body be recorded; nnd the qiwstion
being put, tho vote resulted as follo\v;., to wit:
YetL: Alabama, Arkatisah, Georgia, Louisiana, Mississippi, Sorili
Carolina, and Virginia, 7.
Nay: Florida, South Carolina, aiid Texas, 3.
Alabani:i--Yea: Messrs. W:dkei*, Clnrry, Chilton, Shorter, wid ,Jonc.s.
Nay: Mr. McRtic.
Arkaiisas--Po>i: Messrs. Johiison, Thornasoii, Garlmd, miti \Y:~lkiiih.
FloridiL-Kay : 11111.. Morton.
Qeorgin-Yra: Mehsrs. 7'oorn bs, Crawford, Nishct, \\'right, K(WLII.
and Stephens. Bay:
rs. Foreui:~nand Hill.
Louisiana-Y o:i: hi
I>c Cloud,, Conrad, I<cnnoi~,S ~ L I T O id
W,
M:ii~shall. Nay: MI+.
Mississippi-Ycx: Messrh. Harris, 13inoltc, mid IIai~isoii. S:ty:
Mr. B:irry.
North Curolina Yen: Mesbrs. I h v i + , Avc~ry.Srnit ii, LLiiifiii. T'rii:iblc, ;?ioreheid, l'uq-etir, and Ihridwn.
South Ccwolin:i --N:ip: nZc.;srs. 13~~rn1vdI,
Kcitt, 3lcniming:.cr, Jiile;.,
m d Boyce.
Texas-Pea: Mcssrs. ( h g g aiid Ochiltreo. Kay: Mcwxs. I Icniphill, W d , and. Oltlliaiu.
Virgitrki--Yea: Mesm. Stddoii, I\'. I). l'restoii, Tyler, I?ilacfarl:~nd,
Bowck, Itivrs, Scott, l h s o n , Rnswll. ,Johnston, Sttples, arid Walter
P r w ton.
s o tho :LnleIltlulcnt \\'as :1grecd to.
On motiori of Air. Sp~wrow,
Corigresx thon adjouriiud imtil L t o'cIoc.Ic to-niorrinv morning.
I",XECUTl\'IC SESSIOn'.

Congiws bcing in eswuti\-o session,

Tile ChLi r prcsentrd to the Congress a c.oiiimunicatio11 frolyx tllc
I'residtwt, ti*ansinittirig tlic following list of nolilinatiolls f t ) r postnmstcrs, :LL tho respct,int plnces named, f o r tlic advicc and conse.nt of
Congrws, viz:
I Ingh 131tL(.k, ISnEsula, A h . ; l'honlas IVelsli, Montgoinc~v,Ala ; James 31

Aug,rnsta, (h.;iLtkiii~011
.!I'

Ilartiiii, Ronie, Ga. ; J o h \ V . " F a l ~ rSatc*hitncs

,
,I. S. A ~ ~ t l c Clinton,
v,
Miss.; B. G. ~;rahani,(;re.t~iisboro,s.C.; TT'illialli I).
Nadivillc, Tcnn. ;

w h k h \wri' wfcrrctl to tIia Coiriniit

011

I'oh(ii1 Affairs.

A I I ~10,
. 1861.1

PROVISIONAL CONGRESS.

333

Xr. JIiles, froin thc Cominittcc, 011 Nilitary Affairs, to whom was
rrcd thc folloving noniinations:
I3rig~tdit.l.-peiielil. I
11 T r h b l e , Mar~-lnnti,J)miel Hngglw, Vii-giiii:i.
JZajor, A\djiitsntGeiic~al'i:T)c,i'arti~ient-l~oli~.rt (". 11111, Sorth Carolina.

reported the banit' hicb, with recommendation that Congmi\ advise

and con.;eiit t o tkic smie.
T h e rcport n ~ agreed
~ s to. and Congress advised and comented to
t h e iiortzinat'1011%
Congresh rcsnmtd legislati) c

NINKI'ICEXTH DBS'--Sh'L'IJEftl)AY, AUUUST10, 1861.

OPI.:S SEssIOh.

Congress met pursurtiit to adjoummcnt, and rcsolved itself into

secret session.
SECRET SICSSION.

Congress hciiig in

session,

VCIX>~

MI.. Xisbct m o r d to suspend t h e consideration of the hpccinl order

f o r the call of the Stutw and the coniniittecs.
Thc motion TI :ts agrccd to.
Air. ,Jones of Ala1)am:i introduced
,I bill t o be cntitlcd ''lhi act to authorize the auditing, settlement,
arid pyiii c nt of a clnini therein n a n i d ; "
-,vliicb was icad tlic f i r b t and sccond times and, together with th e
accompanying dociuiimts, referred to the Committee o n Military
Affairs.
Mr. Smith presented tlrr petition of John A. Cuthbert, of Slabama;
which '\vas rc-terrcd to the Coininittee on the cJudiciary, without being
PCXL

Mi.. Kisbct ofiercd

rr~solutioninstructing t h e Coiiirnittec on Postal Affairs to inquire
into the propricty of providing 1)y hw for the tr:inmiissioii of newspipers frcc of postago by tho Houtlzcrn Exprcsb CoLqxiny:
which ~vasrcad and agreed to.
Jlr. n'istwt ofFewd
12 1.cw)liitioti xuthoriziiig t h c Cornmittcc o n Military Affairs to
into f h v pi ~) p rictyof providing hy I:LW for t d i c payment of
tifth hrrg:Citiit\ ant1 eorporalx of the winpanics of the Third
Gcor-gitL IZcgiiiic~nl:
which N :t\ -rwtd and agrced to.
Mr. 1Iill presciitctl thc inemorid of John Stilwell, of Gcorgia;
which JV:~', roicrrcd t o t h c Co1;1117
on htcrit5, without lwing raid.
Mr. I)ai.i, prebcntcd a wries (
bolutions of a meeting i n North
Girolina; I\ hich w c r o rcferrccl t o the Committee on Militsry Affairs,
without I)clitig read.
Mr. SPtltloIl off'cl.ed
A rc?solntion instruc+tingthe C h i n m i
on Claims to inquire into
the justico :uid pi'opricty of provicling 1)y law for the continuance to
faithful ci tizcns of any o l the Confrdt:r:rtc States of the pcnsions
heretofore alloivccl thcm 105' the Unitcd States as revolutionary o r
invalid l3eniion.i;
which wax read and agreed to.

Air,. 10, 1861.1

IROVISIONAL

CONGRESS.

335

row, a t thc instarice of thc State of Lot&im:i, dcmandcd that the yeas
m i d nays of thcwhole body be recordccl: and thc question having been
put. the rote resulted as follows, to M i t :
Yc:L: Florida, Korth Carolina, and Tirginia, 3.
Say : Alnhama, ,hkansas, Georgia. >,iississippi, South Carolina, and
Tesa,z, 6.
Divided: lmii,siaii:i, 1.
,Il:il~~nl:~
S:L
: ~
1 1 e s ~ q JValBcr,
.
Chrrg, Chilton, rClcRae, Shorter,
m d ,Jones.
.lukaiisas --Say : AIcssr,. ,Tohiison. Iho~~iasoii,
Garland, and Watkiris.
Iclorida-Yea: Mr. T1:trd.
(;eorgia--Nay: Mchhuq. louiiih, Yoreiiitm, Crawford, Sisbot, llili,
:tnd Stcphens.
IJouisixna--Pca:
Alcssrs. Lcrkiiis, Spurow, and Marshall. Nay:
Xessrs. I k (louet, Chiwad, :idKciincr.
Aiish-ippi -Xay: 3lcssrs. IIarris, Brooke, atid I-Iiwrisoii.
S02~thCaiwlina-YezL: Messrx. l h v i s , Siiiith, RiiAin, VcnnLle, Yury ~ : ~ and
r , L)avidsoii. Yay : Jlcssrs. Avery, hloreliead, and Craige.
Soutli Caidina- Yea: MY.Ikitt. Kay: Nessrs. Rhctt, Barnwell,
JIcniiiiingcr, :md 13oyc.e.
ltbxa,s --Pen: l i r . 0ldh:iiii.
X t ~ y: ;Slcv.r,z. lieiiiphill and W a d .
13. Preston, Hunter, Macfarl:tnd,
Virginia-Yca.: hlrs.rs. Scddon. \Ir.
Bococli, ltives, Scott, Rt 311, ,I ohnstori, Staples, and WalLer Yreston.
sxy : 31cssr\. Iylcr :xncl
So the nmcndnicnt I\ as lost.
&IT. I3rooBc, at t h e instniicc of Mr. Campbell, moved to :tinend the
same section by striking out the word fifty and insertiiig the words
twenty-five and callcd for the question; which heing secoiided, MI.
TOW, at the inst:incci of the Stnte of lJouisiaiix, deniandcd t h a t the
xnd na3s of tlic n-hole body be recorded; which arc as follows,
to wit:
You: Xorth Carolina and Yirghi:~,2.
Say : Alahama, .irlrans:is, Yloridn, (horgia, Mississippi, South
Caroliii:~,and Texac;, 7.
Divided: Louiai:mn, 1.
rs. W:ilkoi*, Smith, Cliwry. Chiltoti, Mclhe,
,il:thllIla--S:3y: M
Sliortcr, nnct Joncb.
Arlinnhas--Yea: Mr. Jl;l:itl<ins. K a y : Mcsxrs. tJ ohn~oti,Tho111ith011,
: 1 n d (;:;i*l:ud.
Floridn- S a y : N r . JY:id.
(ieorgi:L--XaJ : Illes\rs. T o o t i i l ) ~For(~in:~n,
,
Crawford, Nisbct, Hill,
a r 1 d st (> pll c 1I h .
I ,oiiihiiLiia kclx: Xlcssrh. lcrltiiih, S p r r o w , i ~ n dXarshall. Nay :
I I w C I r h . I)() Clouct, Clorri*:id, :tiid Kcriiicr.
ilpp-S>iy: Me~~srb.
IIaruis, ICroolw, and 1I:trrison.
North (aiwIiiiit-Yca: N c
. l>n\-is,Smith, lluffin, Vcnablc, Morehead, l~u~-ear,
i ~ n dDaviclson. Say: Nt:ssrh. Averv t n d Craige.
South Caro1in:i- Yea: Mr. Kcitt. Kay: Jlessrs. Rhett, Barnwcll.
Mciimiirigcr, Mile\, arid Boyc~.
r,
1 exix-Yca: M u . Oldham. S a y : Mcsirs. Hemphill and Waul.
Virginia- Yen: Jlfhsrs. Srtldon, JT. 13. Preston, X l t t c h h i d , Bocock,
Riws, Scott, Hi ell, .Tohnston, Staplcc, and Walter Preston. Nay:
Mcssrs. TTnntcr, Tyler, mid Mason.
So the amendment was not agreed to.

336

JOURNAL O F THE

r < w .10,1861.

Mr. Brooke moved to amend the same section by inserting after the
word interest the following vords, to wit: ior invested by i:iclividuals in the pnrchase of bills, notes, and other securities for money,
except the bonds of the Confederate States.
Mr. Boyce moved to amend the amendment by adding aftcr the I\ ord
States t he words and th e bonds of the Slates.
The motion was lost, and the question recurring on the arnendinent
of Mr. Brooke. the sarnr was agreed to.
Mr. Perkins moved to strike out from the beginning of 5ectiw
4 down to section 21.
&lr. Rh& moved that the Congress do now adjoiurn; and the vote
having been taken thereon I)y States, resulted ab follows, to wit:
Yen: Florida, Louisiana, Noikh Carolina, Texas, and Virginia, 5.
Nay: Alabama, Arlmnsas, Georgia, Mississippi, and South Cwolina, 6.
So the motion was not agreed to.
Mr. Smith called f o r the qtxestiou, which was upon agrccing to the
motion of Mr. Perkins t o strike out from the beginning o f section
4 clown to section 21; and tho call being seconded, JIr. Thomason, at
thc instancc of the State of Arkansas, deimndctl that the ycas itrid
nays of the whole body lw recorded; which arc as f o l l o ~ s ,to wit:
Yea: Arkansas, North Carolina, and Virginia, 3.
Nay: Alabama, Florida, Georgia, Mississippi, South Carolina. and
TCXSLS,
6.
Divided: Louisiana, 1.
Alahama---Nay: Messrs. nalker, Smith, Curry, M c I t a ~ ,Shortcr,
and Jones.
Arkansas-Yea: &ICSSI-S.
,Johnson, Thornason, and T a tk in ,. Nay:
Mr. Garland.
Florida-Nay : Messrs. Morton and Ward.
Georgi:L--N:tj-: Mrssis. Tooiiilx, Foreiiitin, Crav-ford, Sisbet, IIill,
Wright. :tnd Stcphcm.
Loui4i:iua---Yca: &i.Lcssrs. ltrltiny :tntl Spm~o\v. Say: AIes,rs. I)e

C ~ O UiLti(.l
C ~Col~ratf.

ippi - -Nay: Mcssi* Iarris, I3rookc, and ILarrisoii.

Y . I h y i s , Sinith, Rutfin, ltirycar. :tnd
North Cwoliiia --Yc:L: ;\I
L)avidsori. N:iy : &I
. A w i ~ y Vcnnl)l
,
P , JI oi*c\heati,am1 C: i x i p .
South C:irolinn Yw: M ( ~ + rItlieti
~ . :tnd Kcitt. Kay: iVlcssr~.I{:I~IIwell, M(wlining(~I.,:Lnd I~oJ-w.
TesRY---YCB: 311.
t ~ n . Sny : Mci;srs. I-Iennpiiill xi-id jV:hill.
Virginii~---Pr:~:
. r 1.> v I ( ~ l * ,130c~ck,Scott, ~ < ~ i 4 q ~ ,Johilston,
ll.
Staplcs, : ~ i i dW:iltct* lwstnri. Nay: Mcssrs. Scddon, IV. IZ. Ircstoll,
I i u ti ter, Rilacfwland, Rives, a r i d Mason.
SO the niotion w:ih not ngrccd to,
Mr. Hill ~ l o v c dto a 1 1 i ~ ~ the
i d fourth section k)y iiihertjng 2tftcr the
word cattlo tlic word hogs.
MY.P~xl*year,a t t h inst:tncc, of the State of North Cal.oliniL, dcn1~1ndedthat tho vote tlicrcon he taken by Statc-. and that the >-cabxnd
IIRYY of thc ~ 1 1 0 1t)ocly
~
i ) c rec*or(Ied.
P e n d i n g t h r vote upon thcl ainendmcnt offered 1 ) ~1\11.. IliII,
Congress, o n inotion of Mr. Heniphill,
Adjourned until 11 oclock Monday mortling.

rr\vEYril<ll~
l~f~~~-MoxD~
Auacsr
\ Y . 12, 1861.
OPEN SESSIOS

Congrws met pursnant t o adjournment.

Mr. Stc~piicns an~ioi~ncctlthe presence of Messrs. Robert L.
Carutlicrs, Thonias 31. .JOIHY, ,J. 13. Thoinas, and J o h n 12. Iiouse, Del(yptes from the Statc of I?ctinerscc, who C:LIIIC? forward, presented
their cmdcntials, wet( qualified, a n d took their seats.
Congress then ro.;olved itwif into hccret hemion.
SECRET SRRSION.

Congrcss h i n g in swret seisioir,

MY.Stcphcns inovcd to pstpoiic thc, consideration of the unfinished

husinezr of S:iturdny. for

tlit:

piirposc of introducing

h bill to I)(> entitled *Anact to xuthorizo thc Secrctarj- of War to

increase the nitdiml force of tlic .\rrny unctcr ce~txiricircumtanceb.

The motion was tigwed to, :ind t t i ~hill W : L ~read first a i d second
tinics a n d refcrtwl to thc Chniniittco on 11ilitw.v Affairr.
Mr. &lacfarland, from tho hpccial roinniittec of one lroni Each State,
by iiiianiiiioiis conhcnt, reported
A b i l l to providc hospital9 mid for their support;
which n i i rend
~
firht and s c w n d t imcs : ~ n dreferred to the Coriimittec
on Military Affaii*q.
3Ir. Smith of Korth Cwolin;i, hy iinniiiiiioi~~
consent, presented
A Itill to be cntitlcd An :wt to exempt, for a limitecl time from
arrest on ( . i d process rertaiii persons i n the scruice of the Confede m t e States;
o i r c t tiinw :mtl rcfcrred to t h r (lomrtiit
which W:L\ rcttcl fii
on 3lilit:ir). A:xii.h.
c J--\

01,.

1 -0 I

- -

338

JOURNAL OF THX

[Ang. 12, 1361.

Mr. Smith of Alabama, by unanirnous consent, nioucd to make the

special order for Wednesday nest the bill reported 1)y him from the
Judiciary Committee, entitled"
The motion was agreed to.
Mr. Waul, by unitnilnous cwnsent, introduced
A bill to provide f o r local dcfenbe m d special service;
which was read first and second times and referrcd to the Contiriittcc
on Military Affairs.
Mr. Morton, by iinaninioiis consent, 1)resented t~ nicniorial from
Charles W illey ;which-was referred tu the Committee on Cornniercial
Affairs, without being read.
Mr. Johnston of Virginia presented the mcniorinl of Benjaitiiii J .
Jordan; which w a s referred to the Cornmittco on CItLims, without Iwing
read.
Mr. Craige presented tlic ineiiioriat of sundry citizens of Kortli Chrolina relative to tho mint at Charlottc, in th>$State; which WL\ wferred
to the Cornrriitteo o n Fiiianm, without being read.
A h . Mason prwentcd t h e incniorial of Iladislas M'ankowicz, i)mying a change of his name; which was rcfcrrcd to the Conimittre on the
Judiciary, withoiit being read.
Mr. Ochiltree introduccd
A bill to require t h e rweipt 1)y the postmustei~sof t h c Confcderate
States of Trea~;urynotes in siinis of fivr dollr2rs and upward i n payment of postaga stamps;
which was wad lirst and
ond tiines and mEorrc~1to the Cloitiiiiitt~c
on postal A4ffail'~.
Mr. Conrad otl'crcd tho 1 ~ 0 1 1 0ilia
~ i*tw~ltttion;
which WL\ r v d and
agreed to, to wit:
Iiesohv d, That t kit,
h a \ e bee11taken tt) fo
at 1 1 0 distant period.

PL;I~Y rii \\.ar rtq)ott !O 11116 I I o u ~ c $1

~ IH
St.\\ Orl(wi-, i i i \ icJ\\ of <i prubahlc at1

1111.. Awry, I)y i i ~ ~ a i i i i n o ~i io~ i i w i i n

t i~ o v t ~ lt o lmvc I l k w t e wcouded
against d l the ittilt'ndlllCti t y o f t ' v i x d on S a t i i ~ d i ~toy Gho f'oui*thswtion
of thc hill to tinthorizc tliv i y - i i c o f 'l'w:ihtlry iiotw, and to provide it
war tax for their rcdcniption.
r ,
I he motion TV:N agrcc~tlto.
Congrws tlicti rchrinrcd t hc iiniinisliCd bichincss of Satiirday, ivhich
W\;NSthe connidc.rittion of tho aiiiendnicirt 0ffcl.d b~ MY.Hill to the
fourth section of the bill to amthorizc tho issue of Trcasuiy notcs. and
to provide R w a r tax for their rcdeiiiption, a n d upon vhich Mr. YLWyear. at the instance of the S h t e o f North Chrolintt, demanded the
yoas and nays of thc wholt: body he recorded; and the question being
put, the vote, rcsultrd as follows,. to wit:
Yeti: Alabanin, Florida, Georgia, Jlississippi2 and South C:trolina, 5.
Nag: Arkansas, Louisiana, horth Carolina, Virginia, and Tennebsee, ti.
Divided: 'rexus, 1.
AlabtLrns-Yea: blessrs. Sniith, Curry, Chilton, NcBatl. and dones.
Nap: MY. Walker.
Arkansas-Nay : Mess~s..Johnson, Thomason. and \\-atlrins.
Florida-Yea: Mr. Morton.

____

'(&Thetitle of the bill is 1 1 0

:tct fib! the Forfeiture and ('01
ellemles,

-___---

recorded, but later proceeding identify it as an

011 c i f tlie estates, property, and eftrcts of d i a l

~ ~ g . 13PBl.j
2,

PROVISIOWAL CONGRESS.

339

(Teorgia-Yea: 3Iessrs. Tooiiihs, Howell Cohl), arid Nishe.t. Xaj-:

~ i r Stephens.
.
TAouisiana--Yt~a: Mr. ( 0 1 1 f i d . X ~ J : M/Iesbrb. Perkins, ~ ; p ~ r r o \ v ,
anti Jlar~hall.
Miqsissippi -Yea: ;\!fews. &rri? tirid Hari*i,soli. hTaj-:MP. UrooBe.
Korth Carolina-Yea: Mr. 3iorc.heati. Kay : Messrs. Davis, A v q ~ ,
Siiiitli, Venable, luiycar, atid Craigo.
South Carolina-- Yca: M e w s . Rhctt, Barnwell, Meniniinger, :tnd
IliIr,s. Say: M r s w . Keitt a n d Clichnut.
r7
1ennessw --a ay : MCssrs. Ilholiias, f i ~ i i s e Joncs,
,
mid caruthers.
Texas- Yea: Jf
Tlcnipliill and T\7aul. S a y : Mesrrs. Oldham
and Ochiltrce.
Viyinia-Yea: Mr. TT. 13. Ire,ston. Say: Messrs. Scddon, Tyler,
R.Iacf-Rrl:md, Scott, M a ~ o n ~, J o l i n ~ t oSt:~ples.
n,
and Walter Preston.
So thr arrieiidinent mas not agreed to.
Mr. Ocliiltree iiioved t o amend by inserting after the word horses
t h o word s21eep.
The niotioii \\as riot agrcrd to.
M u . Arery rrioved to aniencl hy adding to the section the following
words, to wit:
7 .

gold watchps, gold and bilrer plat(,, and pleasure rarriages Iroi ~tErtl, T h t caii iayw
of less value than tlir te h u i d red clollstis bhall be exeiiipt froiii taxation.

31r. 13roolic~moved to amend the anienctrnent 1)) inserting aftw the

word b b p l a t c the Tvord *pinnos.
Mr. A \ cry deiiisiided the. question, which 11 (LA upon :tgreeing t o the
aiiieirdrrieiit to tho xniendnient ; and the question heing put, the ainendm c n t was agrecd to.
JIr. J o n w of Ala~~aiiia
inovcd to : 1 1 i ~ n r 1tlie :i111c1
MY.,l\-cry l)y 5trikiiig therefroin tlie woid.; 1)
rinpeb of less \-slut: than Ihrrc hundred dollar> shall be cxeinpt from
taxation. *
Ihc question then recurring upon the adoption of the aiiiendincnt uf
RIr. A\-ery as nnicnded, the s t m e was agreed to.
Mr. Hill moved to amend l)y striking o u t thc words c:ittlC, Iiorscs,
and iiinles; and the vote bcing talieri tliercon by States, resulted as
follom, to wit:
Yea: Koi-tli Carolina, and Virginitk, 2.
Kay: Alabam:%, Arkansas. c+mr:gi:t, Louihi:i, hIi\>is4ppi, :tiid
South Carolina, 6.
Divided: Tennessee and Texas, 2.
So the amendment was not agreed to.
Mr. Tholnason moved to :mend by inserting after the word . niules
the words over tmo years old .
The amendment was not agreed to.
Mr. Smith of North Carolina riiovecl to aniend by striking out the
words bank stocks; railroad and other corporation stocks, and
inserting i n lieu thereof the words
and also a tax of eight per centurn on dividends, intereht, and piofits declared and
acrruing and due during the year preceding the fiist day of October next, in l>anK,
railroad, and other corporation stocks.

The amendment was not agreed to.

MI.. Brooke mored t o :ziiicrid by iiiscrting after thv words on
h:rnd the following words, to wit: &oron deposit 1 1 1 b a t 1 l i 01
elsow here.

340

JOURNAL OF THE

1Aug 13, 1861,

The amendment was agreed to.

Mr. Prrkins iiioved to amend the fourth bection o f the bill hy 4riking out the following words a t the beginning of the SR~IIC, via:
That for the special purpose of paying t h e principal and interest of t l r c ~1)ublic
debt, and of supportiiip tho (k~vern~nent,
a war tax shall lie
fifty centv upon each one hundred dollars in ualue, of the fol
Confederate States, namely:
and inserting in lieu thereof the following mords,

purpose of ascertaining all property included in t

adding to the end of said section the following 15-0

and the value thereof, and nith a vie\+ to iuiyoPing a war tax, ~ h o ~ lthe
t l csigencieil
of the (iorerninent require i t , and in order to ascertain the per>on cllalpcable 31 ith

dollars.

IIct rhall pile bond

1miifisw lor t h e pnrposcs reqniretl hy this act.

Pcmding thr colisidemtion of the anic~ndnientoffered i)y Xr. Perkin\.

Cyongress,on motion of MY.Oldhatti,
Adjourned until 11 o'cIoc1~to-morrow niorning.

Congress being i n osecritirc scssion,

The C h i r Itkid bcfore Congrehs a. coniinunication in writing, froni
the Ir'rrsidcnt,,transinitting? for the h i w and consent of Congress, thc
nomintition of rJohn Grrthric, of l'cnnchsee, to bc marshal o f the Confederate S t a t w for thc? district uf Teniicssce; which was referred to thc
Comrnittc~con tho ,Iudiciary.
Congress rcsumed 1cgiul:iti ve .;cssiotr.

PROVTSIONAL CONGRESS.

341

Congress heiiig hi secret session, on motion of Mr. Hunter, the

unfinished husin
of Monday was post.poncd, and Congress took up
the considerutio
R rc.eonsiderc?d resolution tonching points of maritime lilw, etc., and N r . 1Iunter morcd to anlend by strikiag out
the same mid substituting in lieu t h e r w f the following; which -788
engrossed, read third tinie, and passed, to wit:
Resolution toriching ccrtaiii points of irirmitinic IIIW-. a ~ i ddefining t,he position of the Confederate
States in respect tliereto.

\Vliereas the plenipoteritiarim of tirout Britain, Austria, France, Pruesia, Russia,

Sardinia, xn(l Tarlrey, i n a t:onfereii(:e held :tt Paris oii the sixteenth of April, eiphteel1 hiintlretl airtl fifty-pis, nrn~lc!certain drttl
oils rcspt>ct,ing maritime law, to
s e n e as iiiriforiii rules for ttivir guidaiice in :ill (
arising under the principles thus
prociainled ; aiid
\\hercas it being desirable, riot only to attain certainty and uniformi
inay bo practicable in a riiaritiiiie law, hiit d s o to inaiiitaiii whatever
proper i n the e*tabliehetl usages of iiat.ione, thc: Confetlerate States of Aintrrica deem
i t iiiiportant to declare the princ4plt.s 1)y which they will be g o ~ ~ r i i eint l their intercourse with tlie rest of riiankintl: No\\-, tJicrefort,, be it
Kesoketi Gy the (ongirrs of the CL7i.fdr,da N u t e s , ( I ) That. we iiiaiiitain the right of
privateering, as it has heen long t~sta1)liulirdby the prac:tice ant1 recognized. b y the
law of nationz.
( 2 ) Tliat, thr. neiit,ral flag couers canemys goo($ xith the cxceptioii uf contraband
of war.
( 3 ) That neutral goods, with the csccptioil of cwiitraband of W N ~ are
,
not liable to
c:apture under enemys flag.
(4) That blockadcs, i n order to he hintling, innst he effective; that is to say, lnaintained t ) ~a force sufficient really to prevent :iccess to the coast of tlre enemy.

&fr.Orr of Mississippi presented t.lie nieinorial of H. IT.I~Mtnondson; which was referred to Ilie Committee on the ,Judic:iaiy-, without
being r e d .
MY.
~ r ofr Mississippi presented a- claim of 13. JY. Edtnoncison;
which was referred to the Committee on Claims, withorit beinp rend.
air. Mason introduced
A bill to nuthorizc -parnicnt
to l w inude for certain horscs purchased
.
for the Army;
which was rend first a n d second times and referred to the Cornniittee
on Military Affairs.
MI.. I-Tc~inphillin troducecl
ting i i i tbc\ Iresidrnt o f !lilt. Confedcratc StiLtes the power
of wh1i:itioii;
w1iic.h \\-as rc:d first : L I I ~ m*oiid tinics :uid i ~ ~ f e rtoi ~tlitl
~ tCoiiiiuittee
on the flw.liciiq-.
3Ir. h1clt;w ofrered
A resolution inqtrrwting the Coninlitkc on Finance to inquire into
the c~xl)cctic~nc~y
of c.h:mging the wlac. of gold a n d silver coin :is t:strtblishcd I)y the tttt of I1I:Lrch 14, 1861, :wd t o report 1 ) bill
~ or othrnvise.
Nr. Cliiltoti pr ( w nt ed tlw petition of A. (i.
13rcwer, chaplain of
thc Fifth licgiiuciit Alabaniir Volunteers; which was rcfcrrecl to the
Committee on Militmy Aff.ttir*, without bcing read.
A h . (:hilton, from tlic Committce on Postal Aflairs, introduccd
A bill to be entitled b b A nact to mllcct and distrihnte the moneys
remaining in the several post-ofices of the Confederate Statrs at the
time the postal service was taken i n charge by snicl Govornnient ;
which mas rcnd first t d s c ~ o n dtimes, placed on thc Cnlcndai., and
ordered to be printed.

342
Thc President of thc
grew presenttd the nieinorial of George
Sumrall, ( ~ u ~ ~ r t ~ i , r ~ ~writ
: i ~ o~f( lJoui.;inn>L
, ~ * - ~ Rattdion of Volrirrtre~i;
Conniiittec on Mil ikiry Jlfl:iii.s, JI ithout
which wts referred to
being read.
Congress then resurncd the consid~i.ationof the unfinished business
of yestcrday ; which w:is thc consic1cr:ition of the amendnierit offered
by Mr. lerkins to the fourth section of the l)ill to authorize the ibsue
of Treasury notes, and to provide a W:LP tax for their redemption.
Pending discussion thereon, Mr. Shorter, from the Committee on
Engrossment, reported as correctly engrossed and enrolled
iiesolution touching certain points of niaritinie law, and d(3tiiiingthe
position of the Confederate States i t , respect thereto.
A message was received from the President hy the hnncl.; o f his
Private Secretary, Mu. ,Josselyn, informing Congress that the Prcsident has this day approved and signed
12esolution touching certain points of maritinic .Inw, :md dcfinirig the
position of tho Confcderatc, States i n r~~specd,
thcreto.
Mr. Ochil t w o deiiiitiidccl the question, n-hich wis ulwn $1:
theaniendinent offered 1)sA l l . . 1orkin,; ;d
t h ~ d c ~ i i a nIring
d
MY. Ycrkins, a t the instawe of the State o f 1,ouii:Lti:i- tlcm
the yetis nnd nays of tlie wholc kmdy I w 1.ccordcd; wliich I L W ah follows,
to wit :
Yea: Tennessce, 1.
Nay: Alahtima, Florid:L, Gcwrgia, JIississippi, North C:troliria, South
Carolina, Texas, and Vii*ginia, 8.
Divicled: Ark:insas arid Ijouiskiia, 2.
Alabanui- Niy : Mcsm. M:tllicr, Sniith. C h i . (ihilton, 3 . I c l h r ,
Shorter, :wd ,Jones.
Arkansns--Yra: 311.. 1honi:iwii. Kay: 311..(hwland.
Florida- Nay : A l r. A1ort on.
Georgia --N:LY : hlessrs. Loonibs, I iowc~ll Cobt), Forcm:tn, C h w
ford, Niihct, flill, :tiid Stephciih.
--Yeti:

$~ez5lS. LcIkiIlS.

sp:klJ*OW
:,
L l l d ~ h ~ s l l t i 1 1 . Nil!.:

(lowt, Coiir:id, :ind I<crincxi*.

i- Xay : IL1~sst.s.I I:irris, Rrookc, O ~ Tuncl
, I hri-isoii.

oIin:i--Yv:i: Mc>.;>rs. Siiiith, Itu

C ~ L I - , :utd

I ):t\.itlwn.

)rclic:ltl, :Llld Cr:+y.

itt: Say: Alwsrh. I h r i i -

South CJ:irolin:i--Yea: 31
well, Chcstrut, Meiiiiiiinge
,->
1 cnncssec--Yca: Mcjsrs. Iloiihc, CIt~r~ithcrs,
,Jones, and At kitis.
Nay : MY. Ihonm.
1ex:th - Yc:L: Mcssrs. Oldhan~a d Ochillrcc. N t ~ y M
: t
Reatmi; Icmpliill, Waul, :itid ( i icgg.
1.h. IyI(~r, hiacfarland, a n d 1
Vyrginia- ~ c n :~t
tcr, Rives, Srott, MRSOI~,
i3rocliMessra. Scdtion, W. 1%Irehtorr, I
enbroiigli, St:iples, :urd I T j ~ l t ~
Pr
So the :tinendnicwt, wns not, :igrccd to.
MI.. Sbplcs, hy u~i:~niiiioiis
coiiwit, introduced
A rcsolution inbti-ucting the Conimittct? o n Claims to i n q u i i ~into
the expediriicy of niaking sonic, :dlowance to Olirei. Hoover, of Greenbrier County, V:L, in consideration of injurie:, received by him while
engaged in the service of the Confederate States;
which \viiz read and agreed to.
Mr. Staples, b i iinaninious cwnscnt, offered
A resolution instructing the Conmittre on Postal A&ii,s to inquire
I ,

Bug 13, 1861.1

PROVISIONAL CONGRESS.

illto the expediency of establishing an additional mxil route in Bedfor

Coimtj-. Ya., from Loving Creek post-office to Wades post-office, and
also of iishhlidiing w post-office a t Bright Prospect in s&1 county;
whicli was rcad and agreed to.
M r. Miles presented the petilion of H. Y. Gra ; which was referred
to the Committee on Claims, without being r e a 2
Xr. Keitt introduced
A resolntion referring to th e Committee on Engrossment the appointment of a clerk whose duty it shall be to take charge of, file, atld keep
thc paperh of tlic Congress, under the supervision of the Spcretary,
and whose salary s h d 1 he the sanic as that of the asiihtant secretAries
, and continue like thosc, during the continixance of the
1rovibioniil Govcrnment;
which w a i read and agreed to.
Nr. A\-cry presented a iiiemorial; which ~vvtw referred to tbe Committee 011 Postal Affairs, without being read.
(hngress, on iiiotion of MY.Chesnut,
Then adjonrncd until 11 ocloclr to-morrow morning.
EXECUTIVE SESSION.

Congre;>sheing in executive
The Chniv presented to Congreb.; a communication from the President, trunsinitting, for the advice and consent of that body, thc nomination of 1tol)ert Tyler, of Virginia, to be liegistcr of the Treasury
in lace of Alexander 3. Clitherall, reaigned.
6ongresi advised and consented to the nomination.
The Chnir al5o laid before tlie Congress a coinniunication from the
Pue4dent, t r a nmi t t i ng, f o r advice and consent, the norninxtion of Sanford C. Fnullincr, of Arkansas, to he military storcliecper, with the
pay of h t lieutenant.
Congrehs advised arid consented to the nomination.
The Chair. also laid hefore Congress :L conimunication from the President, transmitting, for advice vtmd cwnmit, :L list of noininations as
fo llo~is:
Brigadier-generals in the Pro\-isional B r m r of the Confederate States-George B.
Crittentlen, Kentucky; John B. (irayson, Louisiana; Kosu ell S. Itiplcy, Sonth Carolina; liichard C. Gatlin, Xorth Carolina; Albwt Pike, Arkansas.
Assistant adjntant-general, with the rank of 1ientciiant-c.olorii~l-Joliii P. Preston,
South Carolina.
Assistant adjntants-general, with the rank of major-B. F. Jones, \irginia;JOS.G.
Pickett, Tennessee.
Assistant sdjntants-general, with tlie rank of captain-Thomas 6. Mills, South
Carolina; F. 13. Jones, \irginia; Daniel E. Huger, 1,ouisiana; A. Cowrd, South
Carolina.
Lierrterlant-c.oIone1,to rank as such from July 21, 1861--.Jarnes 13. GriKin, South
Carolina.
Majors, to iank as such from July 21, 1861-James Coniier, South Carolina; &I. C.
Butler, South Carolina.
Captain, aqsistant adjutant-general, to rank BR such from August 0, 1RGl-Kd. P.
Laa ton, tkorgia.

Thc communication was referred to the Comniittee on Military

Affair,..
Mr. Conrad, from the Committee on Naval Affairs, to whom was
referred, on the 30th ,July, 1861, a commiinication from the President
contuining a li3t of noininations in the Narine and Naval Corps of the
Confederate States, reported back the same to the Congress recommending tliat t he same be advised and consented to, except the nomi-

3 44

JOIJRNAL Ob' THE

I.il1S.

1-1.1861,

nation of E. Cantey Stockton, of South Carolina, to be a second

lieutenant in the Marine Corps; which nomination Ihe cornillittee
asked to be laid on the table for the present.
The report was agreed to, and Congress advised and consented to the
nominations recommended by the conimittce.
The nomination of E. Cantey Stockton was laid on the table f o r the
present.
Congress resumed legislative session.
TWENTY-SECOND DllY--WKDNF,SI>AY.

I\i:GURT

14, 1861.

OPEN SESSION.

Congress met pursiiant to adjournnirnt, and \vas opcned with prayer

by the Rev. Dr. Nclson.
Congress the11 resolved itself into sccret session.
SECRET SESSIOX.

Congress being in secret session,

BIr. Tyler presented the petition of the 13ranch Bank of Virginia, at
Portsmouth; which was referred to the Committee on Claims, without
being read.
Also, a petition in relation to revenue affairs; which mas referred to
the Coninrittce on Commercial Afla'nirs, without, being read.
Mr. Spnrrow, from the Coniniittec on Military Affairs, reported
A hill to provide for thc qpointmcnt of surgeons and assistant surgeons for hospitalrj;
which was rcad first and scwmd tinieh, ongi~ossed,r e d third timc, and
passed.
Congress tlicn resunietl the considcr:btion of the iunfinished businew
of yesterday, which wits the considcration of the fourth section of
A bill to authorize tha issue o f TreRsury notes, i L n d to provide a
war tax for their redemption.
MY.,Johnston of Virginia nrovcd to aniend h j r :idding :it the end of
the scction the following words, to wit:
mcnt mtl ttlxition.

itioiiu, ownctl b y joint stock cornpail

this bill, siiall bc cseiript from :ws
I

iL1 r. n/laciarland, at Lh(1 instance of tltc State of Virginia, deinandtld

t11:it the ycas : m l nays of tho whole ltotly be recorded thereon; wliicli
wc. :IS follows, to wit:
Yca: Louisiana, North Ciirolinn, ~ n Virginia,
d
3.
Alahanla, A rlraiisns, F1o rida, Gco rgia, Mississippi, South
Curo ina, Tennessee, and TC~S:LY,
8.
AIabtima-Nay : Messrs. Walker, Smith. Curry, Chilton, Shorter,
and doneu.
Rrkt-lnsm---h'ag: hlessrs. 'rhomason and Garland.
Floridti--Nay : MY. Morton.
(;eorgin--Yex:
Mcssrs. Toombs and Stephens. Kay: &ssys. Foreman, Crawford, and Nishet.
Louisiana--Yea: blessrs. Yerkins and Conrad. Kay: Mr. 3iarshall.

NaF:

346

SOTJRNAL OF THE

[Allg. 14, 1861.

The amendment was not agrccd to.

&fr. Johnston of Virginia nioved to aincnd by striking out the ~ i o r d s
(tax collectors and inserting i n l i c v thereof the words chief
collector.
The amendment was not agreed to.
So the section as amended reads as folloms, to wit:
SEC.5. That for the purpose of ascertaining all property inclncted in the above
classes and the value thereof, and the percon chargeable n it11 the tax, eath State
skyall constitute a tax division, over which shall be appointed one chief collector, \\ ho

Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and ciirolled
An act to providc for 1 h nppoiiitmont,o f stirgeoiis :ind :i4*tnrit surgeons for hospitali;.
The ninth section Lc.ing- iiiidrai. coiisitlCl.iLtioir; which i5 :iy follows,
to wit:
SEC.9. The lists shall b i ~inntle i n reference to the value niid situation of thc property on thc first day of Octocwr iieut, ant1 ihall be i:i:Lile out, coiirpleted, and be
delivered into ttic liancls of ( w h o f the tax cdlectors on thc fiidt t l t ~ y0.i ~ ) t i m h e t
next; and upon the receipt theicot, c w l 1 t a Y collcvtor i:r:ty, t o 1 t n c n t y OIW t l ~ i\
ensuing the said lirst L k c w i i l t w , lirar ant1 tlt~tcrniineall appc+il~f i o i i i t h smi[ a
ments, wliich tletcriiiinstioii ~ l i n l lb(1 final.

MY.Brookc movcd to airiciitl 1 ) iiiwrting

~
after thc
following, to mi( :

o i ~ vli

llcst the

except of laiids a i d slaws, I\ h

property on ttir 6rct clay of Ja

and, a t the instwr1c.e of thv S

Missisbippi, dcmandcd that thc yens
and nays of the mholc body he recorded; which arc a i follows, to wit:
Yea: RrImns:i+ and Ttlxas, 2 .
N:iy: Rlatwna, Florida. Georgia, Loiiiaiaim, Sorth Cttrolina, Sonth
Carolina, TenIiesscc, mid Virginia, 8.
Divided: Mississippi, 1.
Alabama-Nay : Mcssrs. W d k e r , Smith, Curry, Chilton, &llcK.rtc,
Shorter, and ,Jones.
Brkmsas -Yea: Messrs. Thomason arid Watkins.
Florida-Nay : Mr. Morton.
eorgia-Ye:i: Mews. Toornlos and 1 io~7ellCobb. Nay: MCs.sl-h.
Foreman, Crawford, Nishct, H i l l , Wright, and Stephens.

Auy. 14, 18lit 1

34'1

PEOVISIONAL CONGRESS.

Louisi:m-Xay:
Mcssr5. Perkins, i)e Clouet, Conrfid, Kenner,
Sparrow, and A%Iarsliall.
Mississippi-- Yca: Xessr.;. ISrooBe and Om. Kay: Messrs. Harris
and llnrrison.
Xorth Ckwolina-Nny : Messrs. Davis, Avery, Smith, Ruffin, Venable, Morehead, I'urycar, Craige, and Davidson.
South Carolin;i--k't1a: MY, Xernminger. Nay: Messrs. Rhett,
Barnn7ell, Ihitt, antl Chesnut.
r ,
leiinebsee-Y ea:
S. Atkin:, and ,Jones.
Ex!-: Meusrs. Cwuthers, House, and Th
Texas--Yea: N r
Virginia-Kay :
rs. Srdcton, W. I<. Preston, Hnnter, Tyler,
illacfarland, Scott,
, I ~ ~ ~ o c k c r i l ~ rtJohnstoii,
o u ~ l ~ , Sjtttples, and
JYalter Preston.
So t h e anicndiiient \va\ n& agreed to.
MY.Smith niovcd t o niiiciid hy inherting after the word " assessments" llic f q l l o ing,
~ to wit: " a s well as applications for the reduction
of :Lciorthle tax, when such niuy have been incurred, to R single tax."
'l'lic :mendnicnt W R S agreed to.
So the section as :mended rcnds as follows, to wit:
SEC.9. The lipts shall be niatlc in rcfrrence to the .r.a!uc and situation of the t;"pcrty, on the first day ot Ortoher nest, antl shall be niade out, onipletetl, and be eliv(

eretl into the hands of each ot the tax co!lectors on the fir-t day of 1)eceniber next;
and upon tlie rewipt thereof, each tax collector niav, for twenty-ow da) P next ensuniI)rr, hear and tietrrniine i l l :qq)ea~sfroni the $:tic1 assess.atioiiq for the reduction of a dout)lc tax, when such tax may
a single tax, which determination &all be final.

A message was rcceivetl from the President by the hands of his

Private Secretary, Mr. Josselyn, informing Congrew t h n t the President has this day t ~ p p r o v ~and
d signed
A n act to provide for the appointment of surgeoris and sssistant
surgeons for 1iosl)it:tis.
Section 10 heiirg 11nti~rconsideration; which is as follows, to wit:
eral t a collectors
~
shall, on or before the f i r b t day of liebruary
tiic chiei collector of trie htate in which his district 14 situated, a
e l1.1 ot all t l aascssiiients
~
inadr up011 each person i n 111scliutnct,
and of the tiiiioiint of (nu tiJ be paid by srich person, spec.ifyiiig each objc'ct of tasation ; and the salt1 chief collrctor shall collate the m i l e in proper iorni, and forward
the c~ollatetllist to tlie Secretary of the Treasnr? .

YIr. Perkins moved to srriend hy adding at the end of tkic swtion

the following, to 15-it:
whose duty it shall be to inform tlic governors of th
eral States of the amounts
assessed against c w h State, ant1 in the evcnt of tlic p
nt, in specie or its tquivalent, by any State of the amount assessed against it, into t h e Treasury of the Connext, it shall be entitled to a tlednction of
federate States on or before the
fifteen per rent lipon the ainount paid in, and no tax shall be collected within sald
State under the provisions of this bill.

Mr. Tooinhs moved t o amend thc amendment hy filling the blanlr

with "the first day of ?c/larcB."
T h e amendment was riot agreed to.
341.. Mcrnmingor* nioved to ainend tho amendment by filling the
blank with "firbt day of April."
The amendment W R S agreed to.
Mr. Chesnut nlolred to 1:iy on the txble tlie anicndnient of Mr. Prrkins a4 amended.
The iuotion prevailed.

348

JOURNAL OF THE

[AIIg. 14, 1861.

The eleventh section hcing under consideration, Mr. Memminger

nioved t o anlend hj7 strikiny out the words the first day of May
and inserting in lie11 thereof the words the first day of April; il~ltl
the vote having been taken thereon by States, resulted as follows;, to
wit:
Yea: Alabama, Georgia, and Mississippi, 3.
Nay: Arkansas, Florida, Louisiana, North Carolina, South Carolina, Tennessee, Texas, arid Virginia, 8.
So the ameudmmt was not agreed to.
Mr. Thornas rnovecl to amend by striking out the section after the
words distrpsS o f arid inscrting in lien thereof thc wolds any
property exempt froin levy and hale by executions a t law uncicr the
Jaws of the several States.
The ainendmont n YI: not agrced to.
Mr. Thoinasori inorred to amerid by inserting after tkc worcl plow
t h e words ant1 farming utensils.
The miendincnt was agrced to.
MI*.Menimingcr tnol-cd t o amend by inserting after the word o r
the word such and:dter the word apparel the words as may he.
Tho amendment was agreed to.
Mr. Thoirisson moved t o aincnd by inserting after the word newspapers" the words if aiiy bc published in his district * and after the
words places i n the words each township, ward, or precinct
within.
The anirndtnent was agreed to.
Mr. Thoinason moved to miend 1)y htrilring out thc words first day
of May aforesaid :tnd inwrting in licu thercof the v70rdd .such
fai1ui.e.

r ,
I ho snic~iithrumtw i s not ngived to.
Mr. OITof Missisiippi inovcld to amend by adding a t the cnd of the
section thc following, to wit:

r 7

1 ho aincntlirtciit was not :igi*ecdto.

MI.. S p r ~ * o \ vintiwlricctl
-

it I x w l i i t h i . whicli \cab rc~itl:tnd agreed to,

iiihtiwclittg L l i ( 1 Cotnniittt~cio i t 3Iilit:tr.v Affnirr to iucluiro : i ~ t t lreport
w b a ~~)rol-i~ioii,
if :iiiy, I>:isbcrn n i n t l ( ~for tiic c~s,t:ilolisllrnc~nt
of 1nov:11)1~liospi h h for t w $ t i t v n t ~ i n thr firltl, :ind i f iio \tach provision hsir
l)(lcltt Ilt:td(>,to rcljort :iI)ill providing thcl t>for,shotllcl it in thciy opiI1ion l)o capcdicnt to do S O .

On motion of MY.ltlict,t,

thoti ndjoui-net1iuitil 11 o(~1oclii , o - i i i o r ~ ~ otuorning.

\i~
r ~ : s I ~ ~ l ~ rsF:ss10x.
I~-l~:

Congress h i n g in exccutivr, session,

Ihe Chair laic1 1)cfor.c thc body comnmiication from the President,
Iioluinatiug, for ridvice mid consent, ,J. W. 13. Grwxihow, of Georgia,

Congress h i n g i l l bccyst
ion, resnmed tho itnfiriishcd business of
ycstcrday : which was t h c c
dcrxtion of the cloventh scxtion of
A hill to :i.uthork the, issue of T r c a s w y notes, nnd to prorido ;L
wur tax for thcir rcdeiiiption.
Mr. Thoiiinxon iiiol-cd. to anieiid 1)y striking out thc word teti )
t i i c l itisertitig i n 1iei.i t1ic~iw)f
t h e word itw(:iitj-.
Tho ~ineridtiient\ras :igreecl to.
So t h e section :w amended reads as fo1lon.s. to wit:
SEC.11. The said several collectors shall, on the firrt clay of Ma)- iicst, proceed to
collect from every person liable for tlie said t.ax, the amounts severally due and
owing, and he shall previously girc notice for t x e n t y days ill one newspaper, if any
be published in l:is district, and by notificaticns in a t Ieaat four piihlic places in each
township, ward, or precinct within his district,, of tlie tinle aiid place at which he
will receive the said tas; and on failure to pay the saiiie, it shall be the duty of the
collector, within twenty clays aiter thc first day of May aforesaid, by hiinself or his
deputies, to proceed to collect the said taxes bv c!ist.rclss anti sale of the goods, chattels, or effects of the ~icrsonsdeliiiqucnt. Andiii caye of such distress, it shall be the
duty of t h e ofiicer charged with the collection t,o inalre, or cause to be made, a n
account of t h e goods or chattels which 1iia.y bc distrained, a copy of which, signed
by the officer making siich distress, shall be left wit11 the owner or possessor of such
goods, cliattcls, or effects, or at his o r her tiwellirig, with a note of tlie siiin demanded,
aiid tile tiiue aiitl 131:
salcb; and the said otticer shall forthwith cause a notificascd or postal up at t w o pul)lic places nearest to the resition to t)c public.ly a
dence of t h e person
[)roI)erty shall be clis:railletl, or at tlie court-house of the
saiiie county, i t n u t more than ten iniles distant, which iiotice shall specify the articles distrained, ailti the time and place proposed for the sale thereof, which time
shall not be less than t e n days i m n the dat of pnch iiotificatioii, and the place proposed for the sale not rn
tant. froill t h e plaw of makiiig such distreys: Procirled, That in
or thc pi~-iiicntof t h e taxes aforesaid,
sh:ill aiitl iuay he restorctl to the o w w
tho goods, c~hattcls,or (
inelit or tender thereof, sllall he imde to
or possessor, 11, prior t o
the propor otfificerc~liaigetlwitii (lie cwllcction, of the f u l l :unonnt tle~iiunded~
toi?.t?tl!<sl
with s n c h fee for levying, arid sticli s~iiiilor the necessary aiid reasonable c~zpc~~se
of
removing and keeping the goods, chattels, or effects so distrainect, as may be allowed

350

.JOURNAL O F TIIE

[.\Ug.

15, 1861

in like c a e s b y the laws o r practice of the State wherein the distress shall have been
made; b u t i n case of nonpayment or tender as aforesaid, the said officers sirall pro-

may be necessary for a family.

Section 1 2 being under consideration, Mr. Brooke inovccl to aiiiend

by striking out the following words, to wit:
SEC.12. That whenever goods, chattel>, or effects, sufficient to satisfy any tax npon
any real or personal property, owned, occupied, possessed, or snpcriiitentled by any
person known or residing .i%ithinthe same collection dktri(,t can not be found, the
collector having first adiertisc~lthe same for thirty d a ~ sin a nenspaper ptintcd
within t h e collectioii district, it ~ i l there
~ h be, and haking posted u p i i i at least five
public places within the saine, B notification o t the intended sale thirty clays prcvious thereto, slid1 proceed t o sell a t pnbiic sale P o m nch of the Paid property as
may be necessary to hatisfy thc taxeq due I)> tlie said person, together nith an addition of twenty per cerituin t o the said taxes.

And to inswt in licu thereof the following, to wit:

That if the tax assessed on any real e&tc shall remain unpaid on the first Jiay of
Julie next, thc tau collecstor of t h e district I\ herein the ~ a i i i cis situated shall, on
the first Nonday in July tlierewttc,r, p i oc~eetlto sell tlie sarnc, or a qufliciencv thereof,
a t public oiit(ary, to thc highest bidtlcr, to p a v siid tnaes, tog(>therI\ ith t v eiity per
centum on the airionnt (it said taxes ai
ot salr; s n l d sale to hr at the courthome door of tire c~innty01
Ijarish w11
tl wal cktnte IS sitnated, arid i f there
shall be inore than oiic c.oniity or paris
itrict, tlie h a i d tax collector is anthorized to appoint delnities to irinht. hiiclr bnles in
self, aiid fur all lantls KI >old 1)) bait1 tlcputiw,
shall IIC csccutrtl by sad c~)llet
tor, a i i t l +uc.li
the real estate PO sold shall be assewxi in ttie

The airiendiiicnt was ugreed to.

Mi.. Brooke niovrd t o airrend hy striking o u t thr. I\ ord ad~-crtiscd
arid inserting iri lieu thereof 1 he word ..oflered.
The amendniciit IVBS agrtwt to.
Mr. Brooke moved to :imcnd hy striking out thc following words,
aforesaid, :tdvcrti?ed f o r
to wit: after tlic s;mie qhall h a w been,
sale, and and to strike out the word it and to insert in lieu thereof
the words the ~an1c.
Thc amendment was agreed to.
Mr. I3rooke moved to amend by striking out the wordb +:~tidno
deed shall I.)rgiven in pursuance of such sale until the time of redemption shall have expired and inserting in lieu thereof the following,
to wit:
The deeds so made shall he deposited by said collector in the office for registry of
deeds of the county in which the said real estate is situztcd, and the miie shall
not be recorded or delivered to the vendee until t h e evpiratioii of two years lrom
the date of sale, and the recitals i n such deeds shall be taken to bc t r u e nnlasr disproved by any party contesting them.

Mr. Toombs called for the question; which was seconded; and t h e
vote havin been taken by States, resulted as followq, to wit:
Yea: Ar ransas, Florida, Louisiana, Mississippi, and Virginia, 5.
Nay: Alabania, Georgia, North Carolina, South Carolina, Tennessee, and Texas, A.
So tho aurendmeot mas not agreed to.

hug. 15, 1861.1

PROVISIONAL CONGEESS.

351

M u . Brooke inovetl to amend by adding a t the end of the,section

the following, to n-it:
ner of any r ~ a festate ir unknown, or is a ilonrcsi&nt
ierein t.he same is situated, and has no agent resident
shall himself make out a list of snch real estate for
assessnient,.

1~hcaniend~nciitwas trgreeci to.

M u . Davis moved to ainend b y inserting after the word
the following, to wit:

sitllated

or iii case of their cleatli or removal from office,1)y their SucceFmrs, 011 py1]1eIlt of
the p~~rcliase
nioney, or producing a receipt therefdr, if already paid.

.,Lho ariieridriirnt

to.

WVIISagreed

M u . Ochiltree tiloved to nnieiid by inserting iiftm- tlie word

expired t,he following, to wit:
I+-oroc;ded f w t h e r . , That \vIteii the owner of any land or other rml property sold for
taxes under t h e provisions of this act shall TIC in t,he niilitary service of the Confedernte States before and at, tlie t,inia thc! saitl sale shall h a w been Inatle, tlie said owner
shall have t h e privilegtt of retleeiiiiny tlie said property a t any t h e within two years
after thewloso of his term of service.

The arncndinent W R S agreed to.

MI*.Johnston of Virginin niored to :mend ))y inserting : ~ f t c rthe
words real est.aic the following, to wit:
anti the said deeds shall recite t.hc appointment of aid c~llector,the ass.essiiicnt, a.iid
nonpayment of the tax iniposetl on said Iaiidr, a1 1 the sale in conformity wit.li the
regulationu of this act, which recit,al sliall be pr iia facie cvidence of the triith of
the same.

M u . Toonibs called for the qiiesttion; which vas seconded; :rnd the
vote thereon having k e n txken hy States, rasultcd as follows, to wit:
Yea : Ark a 11, s q A!I issj 8si p p i il ti cl V i I$ 11i a, 3.
Nay: Alabama, Florida, Georgia, Korth Carolina, South Carolina,
Tennessee, and Texas, 7.
Divided: Louisiana, 1.
So the aniendrnenb TT-RS notJ tgrccd to.
1\41.. Davidson moved t o i~nicnclby striking out the following mwds,
to wit:
~

and also five dollars for every huiitlred tasithle liermns contained in the lists, as COIIIpleted hy hini and delivered to the collector.

Nr. Davis moved to amencl h\- stri f~ oirt tlie following words,
to wit: Pro m the ~ o r d
s R u t in all CR where the property, where
they occur in the ninth linc, to t,ho word :tpplicant, in the nineteenth
line, inclusive, and insertirig in lieu thereof the following, to wit:
And whenever land shall be sc11d for taxes, the sale shall be made to him \vho i d 1
take the least portion of t.he land for the amount of the taxes, costs, and coinmissioiis,
and it shalt be t.he diity of such purchaser, within t h e tiine allowed for redemption,
to produce t o the collector or his successor a plat of survey, made by a public surveyor of the dist,rict, setting forth by metes and hounds a description of that portion
of the land purchased by him ; and the collector or his successor shall execute %deed
therefor as hereinafter directed.

The amendment was not agreed to.

Mr. Ochiltree moved to amend by iuserting after the word Ewuided the following, to wit:
That in all cases where the honiwtead of the citizen .is cxenlpt frolrl sale for taxes
by virtne of the constitut.ioii ul the State in \j-hiCh hc lives, the saliie ultal1 be exempt
urider the provisiom of this act from forced d e .

352

JOURNAL OF THX

AUK.I.>,1S01.1

PR~)VISIC)NAL CON(+RBSS.

353

Section 16 I x h g i ~ i ? d c considcrat,ion,
r
Nr. Mcmminger moved to
aniend hy striitinig oiit t.ilt: mord i ~ v e ~ kand
? inserting in lieu thereof
thc follon-ing, to wit,: iiionth, or during any shorter period which
may he dcsi,ywtecl hs t hc Secretary of the Treasury.
lhe a:nendx:eni; i v m agreed to, and the section as amended reads as

f ~ l l ~to~ wit:
i - ~ ~
ing the tax due Ly each person, the collector shall sign two
lie whcwof shall IE deiivered to the person paying t.he same
collector of that State. The money
shorter period which may be desigte also iiiimediately forwarded to the
s l i t i chief collcctor and
according to the direction of the Secretary (;I the Treamry; and t h e said chief collector shall report the same imniediatcJly to the Secretary of the Treaniiry: and shall furnish him with a list specifying
tlie na:iiw and ainounts of each of t h e receipts which shall have been forwarded to
liiiii as aforcsaid b y tlic district collcctore.

Thc seventeenth section being under consideration, Mr. Toombs

m o r d to ttuiiend 1 . ) ~striking out after the word taxes the following T T O I * ~ Y , t o wit: i n preference to every other lien; which was
a g h e d to.
Mr. Sniitri of S or t h Carolina moved to amend by striking out the
words :
shall be bouiid b y statutory lien
xea, the date of such lien to coxiir ,

illt? anlcndnrcnt \\-as not, n p e c l to.

So t h e section as amended yeads as follows, to wit:

Sir. l i . The luxes
etl on each person shall be a statntorv lien for one year
upon all tlic: property
iat pcrson, in preference to an?; otherlien; the said lien
to take dat:: fro111 tlic f i r h t cia:< of October, to which the d u x t i o i i has relation, and
the lands untl other property of any collector shall he bound by statutory lien for
five yeare for all irroneys received by hiin for taxes, the date of such lien to corniiionce iron1 tlic time of his receiring the money.

Section I8 1)eing under conrideration, Mr. Mcniniinger moved to

aineiid by striking out the whole of said section and inserting in lieu
thcrcof t!ie follmiing, to wit:
The coinpensation of the t a s collectors shall he fire per cent on the firpt ten thousand dollars recei.rwl and t r o and a half per cent on a11 siniis beyontl that amount,
iintil t,hc compensation shall reach fifteen hundred dollars, beyond which no further
coinpeiisa!ion shall I)e paid.

Nr. IIiil nioved to aiiicnd the amendmelit by striking out the word
fiftcen xrid inserting the woid eight.
The :imendmeiit was agreed to, and the amendment as miended was
agrccd to.
So tho scctioti as :wie,ndetl reads as -follows, to wit:

Tho compensation of the tax collect,nrs shall be five per cent on the first
lid dollars receivetl and tn-o a n d a half per cent on all sums beyond tlrat
a n i n l i n t , nntil the t~~nrpensation
shall reach eight hundred dollars, beyond which
a
110 further compensation shall be paid.

Section 20 heiitig under considcmtion, Mr. Meniminger niored to

amend by striking out the following words, to wit: the individual
owner shall IIC c x e m p t ~ and

inserting i n lieu thereof the following,

to wit:
the stork in t,he hands of intiiyitloal!: sllall be eselnpt from tax; and also all the
real estate oivncd by thc corporation m t l wed for (:arrying 011its business.
C ,J-YOL
1-04----~~

[Allg. 15,1561.

Mr. Davis moved to amend the amendment by adding thereto the

following, t o wit:
and t h e capital stock of all corporations shall be retlirnecl, and t h e tax paid
corporations themselves, and not by the individual stockholders.

the

The aniendment was agreed to, and the question recurring upon
agreeing to the amendment as amended, the same was agreed to.
So the section as amended reads as follows, to wit:
SEC.20. Corporations are intended to be embraced under t h e word persons, used
in this act; and whenever the capital stock of any corporation is returned by the
corporation itself and the tax paid, the stock in tho hands of indiriduals shall be
e x e ~ r ~from
p t tax; and also all the real estate owned b y the corporatioll and used for
carrying on itu business; and t h e capital stock of all corporations shall be returned,
and the tax paid by tho corporations themselves, and not by t h e individual storkholders. The term merchandise is designed to embrace all goorls, wares, and merchandise hcld for sale, except the agricultural prodnch of t h e country. JIoney a t
interest i s intended to include the principal snm of all money belonging to any 1)CLrson, other than a bank, upon w hich interest is paid or to be paid by the debtor, as
tlie same stands on the first (lay of October. The term cattle, horses, antl miles is
intended to inclutle all snch animals as arc raised for sale, and not such as are raised
merely for food ant1 work on the plantation or farm \\here they are held. The term
real estate is intended to inclntle all lancls antl estates therein, and all interest grov ing
thereout, including ferries, bridges, mines, and the like, and in all cases the actual
marketable value of property i s to be assessed.

Section 21 being under consideration, Mr. Brockenbrough moved

to amend by inserting after the word "altered" the following, to wit:
or shall conspire or attempt to conspire with another t o pass, utter, or publish, or
xtteinpt to pass, utter, or publish as true m y falsely forged or rorinterfrited or any
f a l ~ l yaltered Treasury note of the Confederate States, knowing the Sitme to be
falsely forged or connterfeitetl or falsely altered.

Thc amendment was agreed to, and the scotion

follows, to wit:

RS

a1rit:nded rcxds

RS

SNC.21. 1any per'son shall, at any time (luring the existence of the present war
bc%wcwi the Confederatc. States and the United States, or M ithin oiic ycnr aftcr t h e
ratificntion of a trwty of pcaco between them, falsely innkc, forge, or c.ounterft,it,
or CRUSC or procure to be fakely n~ade,f o r g d , or c~ountt~rfeitccl,
or wlliugly aid or
assist in falsely making, forging, or connterfeiting any notc i l l imitation of or purporting to be a Treasury iiotc c>t tlieConfcderatc Stat
jrshall falsely altcr, or cause
or procure to befalsely altered, or willingly aid or a s
in falsely alteriiig any Tieasury note of tho Confederate Statcs; or shall pew, r, or pul)lish, or atteinpt to
am, utter, or publish as trne any false, forged, nr ronnterfeiterl note purporting to
a Treasury note of the Confctl ate States, knowing the s:une to be falsely forged
or countcrfcitcd; or slrall paw,
r, or pnhlish, of attempt to paw, nttw, or publish
I L ~true any f : h l y nltrrccl Tr
ry notc of tho Confederate Statcs, lrnoving the
sanie to be false1 altered; or dial1 conspire or attempt to conspire with another to
])am, utter, or pnhisli, or nttcnipt to pass, uttei, or p u ~ s as~ trne
i
any ialeelv forged
!)r mmtcrfcitcd or any f d w l y alterrd Treasnry notc of the Confederate States, knowI I W the WIW to be falsely forged or counterfeittvi or falsclv altered; every such person
d 1 d I b(>tk(?n%tland adjudged guilty of felony, a i ~ 1
being thereof conyicted
due
COII~HC
of law, shall suffer death.

1,

Section 22 1)eing under consideration. MI.. Rroclwnbi.oLigli moved

to amr?ntlby inserting after the word " altered" the following, to wit:
or ~ h r r l conspire.
l
or attempt to eoikpirta with anothw to pass, utter, or publish, or
attelnpt to p a s , utter, o r p t ) l i s h as trne a n y falsrl, f o r p d , or connterfrited lmnd or
conpo~ipurporting to be a 1)ond or cwupon of t IIP ConfctIc.ratc>States, or any falsely
altered 1)ond or conpol1 of ttie Confedelate States, h o ing~ tlie banie to be falsely
o t falsely altered,
forgctl or c.onittc~rfeited

l'hc ta~l~endrncnt
was ;igrced to, :~iidthe section
as follows, to wit:

:tb

:tmendcd reads

SISC.
22. If alny pcrsoll shall, xt any 'tinw, falsely make, forge, or counterfeit, o r cause
or procure to be falsely made, forged, or coantcrfcrtcd, or willingly aid or assist in

Aug. 15,1861.1

PROVISIONAL CONGKESS.

355

falsely nmking, forging, or couiiterfeit,inganv bond or coupon in imitatirtn of or pnrporting to bca'boiid or conpon of the Confetl~ratc:S
shall f:i]~elyalter, or Cause
;
or procure to lie falsely a!tered, or willingly aid ur
ely a1teriIlgany bond or
co1iuon of the C d e d c r a t c Ktatea; or r;l!all pass, i
)lie]r, attempt to pass,
iittgr, or publish as t r w aiiv
or cotlpon purporting
to be a i)ond or coripon of tlie
me to 1,e falsely fog(&
or counterfeited; or dial1 p:
p?;sy, iitt,ej-, or publish
a*; true any falsely altered
a t t btates, knowing the
same to he falsely altered; or hail c:ons]piro o r alteinpt to conspire with another to
pass, utter, or pul)lish, or attcnipt t.o ;oafs, irtter, or ptlhiish a: trrle any false, forged,
or counterfeited 1)ond or c:oul)oir I)urporting to he R bond or coilpon of the Confederate States, or any falsely altered i)ond
ing the same t.v 1)e falsely forged (JI' cnur
son shall be deeiiicil aiid atljutlgceti guilt
due course of law, s11:;ll be 5;enteiiced to
teriii not less than fire years, nor iiiore
exceeding fiw thousand dollars.

Mr. Brockenbrough moved to arnencl by inserting :is an additiorlal

section between scctiorls 22' m d 23 the following, to wit:

aforeeaid; every riich person being thereof lawfully conaw, shall hn sentenced to be imprisoned and kept to hard
than fire nor iiiorc than tcn years, and fined in a sum not
exceeding fiye thousand dollars.
8

Mr. Venable, by unanimous consent, moved to amend sc.ctioii 21 by

striking out, t,hercfroni thc, Tvords " s h ~ l lsuffer death " and inserting
in licu t,hereof the following, to Kit:
shall be confined in the public jail or penitentiary for a t'erni not less than ten nor
more t h a n fifteen years.

The aniendnient mas not agreed to.

Mr. ililacfarland mo\7ed to amend by adding the following as an additiona'l section to the bill, vjz:
Ssc. 24. If aiiv State shall, on or before the first day of April next, pay into the
Treasury, notes "of the Confederat,e States, or in specie, tlie taxes assessed against the
s per c:entum thereon, it' shall be t h e duty of the Secrecitizens of snch St&, l c ~ ten
tary of t h c Treasnry to notify t h e same to the sei-ei-al tax collectors of such State,
and thereupon their authority and duty under this act shall cease.

The ameriduient was agreed to.

&f r. Atkins moT-ed to postpone the further considerat,ion of the bill
nntil 1 2 o'(:lock to-morrow; which mas a.greed to.
Mr. Foreman moved that a coninlittee be appointed t'o inquire into
thc means by which the secret proceedings of Congress were published
in the public journals; which w t ~ snot agreed to.
&lr. Venable presented a inelnorial froin ,Jeptha Foullzes, of Tennessee; lvhich was referred, without being read, to t,he ComnlitJteeon
Finance.
3Ir. hIcRae oft'ered the folioming resolution; which wa.s agreed to,
viz :
Resolced, That tlie Colnmittee on Military Affairs be instructed to inquire of the Secretary of Mrar .ivhat arrangeinen ts have becn made for the reception and forwarding of

356

JOURNAL OF THE

IAUg. 15,1861.

clothes, shoes, and blankets that may be sent to niir Army by private contribution.
Axld that i n the event efficient arrangements haye not been p a d e for that purpose,
the committee be further instrutted to inqiiire into the expedlency of creatiilg a clerkship or bureau attached to the War Department for that purpose.

Mr. Walkcr introduced

A hill to prevent invasion, and to retaliate thc treatment inflicted
upon persons in the service of the Confederatc States taken prisoners
by the United States;
which was read the first and second times and referrcd t o the Cornniittee on Foreign Affairs.
&lr. MeRae offered the following resolution; which mas agreed to,
viz:
Resolved, That the President be requested to furnish Coiigress TTith the oiXc.ia1
reports of the various battles fought by our armies since the adjournment of Coiigr em.

Tho Chair yrescn ted the following communic~tttionfrom the Secretary of War, viz:
COSl~El>ERATlCSTATES O F

L$

MERICA, W A R DEPART\:CYT,

Rtchmond, Atigusl l,i, 18661.

SIR: The Department has rcceivcd the resohition of Congress embracing various
interrogatories transmitted by the Hori. C. i?,I. Conrad, chairman of the Committee
011 Nttyal Affairq, on the 9th August, 1861, arid after inature ddiberation 1have (*oncludctl that it i q riot coinpntiblc with the public interests a t this jrinctiire of o u r inilito nnfold the precise infornution desired. Rut the Conprcs.s iiray rest
t tlie \Var Dcpartmciit is being xtlininistered in every particular nicnrtl the attainment of the great :Jim of the Confederate $tates arid the
l)eneficent, cnds proposed by Congress after that iiianner that circninstnnceu \I ill
allow. 1 respect ully solicit thc Congresi to repose in the Department then faith a r i d
c~oiilitleiiw,t4nd not insist iipoii the didosnres that the answer to their interrogatorily evol;e and which f o r the present the public service dciiiands
in tile breast of the Adniinistration.
L. I?. WAI,I<EIZ,
Xccretctr?y of Tihr.
rl

l h c coniinunication wu
forred to the spccial committco undcr the
resolution of Mr. Conmd of !Btl ,Jixly.
T h o C h i r d s o prcscnted another communication froiii thc War
Departinent, viz:
Kichmontl, A z i p s t 14, f 861.

In a i i s ~ c to
r t l i k ~.esolntioiiJ IIRW the honor to state that this Dcpaitnient has
rcqpoiidrtl I t ) t Iri, iwasiires r(COiirtIiCiI(1cdby General Twiggs for thc defcrise (If Xclw
01Ii>;tI1s aqainht i t l t y att:wk tli:tt 111ay1 ) niatlc
~
upon that city. Such fortifit*atioiisas
11tl 1Nh9 wgec+fctt hi^\ 11 been > L ~ ~ I I cOdI ~ L I Na~w ~ i o \ \in proems of carectiorl, a
p u i x 110 Irtts iilllctl for lin\c I)wn ortlered to his coinrilauci. Orir h l ~ n
tsj tLnty-li\ c pirccxsof lieavy i a l i h froin the navy-yard a t Iortr.;lnoutli, t u
to t h i N Jk~i)artnirlit 1)y tlw Navy I)cpartnicnt, together wit11 a ltumber of IO-inch
Co1tiinbids, ~ I Y lwin;: c,onvtyctl to hiin as fafit ah traneportatiorl cBI1 be obtaitle(1,
:tlld orriinent u&cr has with him all the troops he requires.

A i q . 16, 1861 1

I ~ R O V 1 8 I O N A L CONGRESS.

357

-4 hill t o :miend an act recognizing war, etc., approved Alarch

1.lXiil :
\v!iic*li was rcad the first and second times a i d rcfcrred to the Committee on t h e ?Judiciary.
J I r . Scott prewnted a, claim against the Confederate States of Simon
I,. Sxiiiiior~:which was referred to the Committee on Claims.
X r . OYJ.introduced
A hill to establirh x mail route from Charleston, Miss., to Friar's
L'oint, Miss.;
which was read the first and second times and rcfrrrcd to the Comitlittee 011 Postal Miairs.
Xi-. Scddon offered thv following resolution: which WSLS read 2nd
agreed to, to wit,:
ResoTt r d , That the Committee on Foreign Affairs be instructetl to inquire i3-hether
additional Iegiilation Flioultl not he had to prevent the l~loclradeof the enemy from
t.eing m:idr 1)y connivance on his part with neutrals (tr 1)y special permits operative only to such extent and in relation to such nirrchaidise as they may desire to
interdict, mliile the transportation of what is desired b? tliciii or neutrals may be
accomplibhed.

On motion of Mr. Waul,

Congress adjourned until 11 o'clock to-morrow morning.

Ol'EX SESSIOS.

Congress met pursuaht to adjournment, and was opened with prayer

hy the Rev. SIr. Hozeman.
Mr. Caruthers announced the presence of Messrs. David 31. Currin
and W. 11. De Witt, Delegatcs from the State of Tennessee, who
ap eared, were qualified, and took their seats.
Eongreib tlteii resolvecl itself into secret session.
SECRET SESSION.

Congress being in secret session,

Mr. Johnson of Arkansas moved that hereafter the special order of
cadi day be called for consideration at the hour of 12 m.
The motion was tigreed to.
Rlr. Johnxoii of Arlmibas ogered the following resolution; which
was read and laid on t h e table, to wit:
Resolcctl, That so iriuch of the resolution as fixes t h e day of adjournment of Congress for t h c nineteenth instant is repealed, and that Congress will adjourn on the
twenty-sixth of Augart, eighteen hundred and sixty-one.

Mr. Curry offered the following resolution; which was read and
agreed to, to wit:
Itesolcetl, That the Coinmittee on Accounts be instructed to inquire into the propriety of increasing the compensation of the Doorkeeper, Tvith 1edVe to report by bill
or otherwide.

Mr. Nisbct presented the petition of sundry citizens of Georgia in

relation to a mail route; which was refcrrcd to the Conimittee on
Postal hlt'airs, without being read.
Mr. Shorter preserited

JOURNAL OF THE

[Ang. IG, 18G1.

A hill to be entitled An wt to aid in the conipietion of a railroad

for war and defensive purposes;
which was read first and s e c o n d times and referred to the Comnlittee
on Military Affairs.
Mr. Campbell presented
A 1)ill to he entitled An act to amend tlie law in reference to the
selection of adjutants to regiments of infantry In the Vo~lliiteerservice;
.vvbic.h mas reitd first and second tinics arid referred to tho Cornniittcc
on Military Aflairs.
Mr. Khet>t offered the following resolutions; which were read and
agreed to, 1%:
Rtsolved, That the Presiilent be requested, if in his opinion not incompatible with
the pIl!jlic intrrests, to co~nrnuiiicaleto this Gongreps any information he may possess
aa to the Irar~pingof captivcs in the late battle ot Manassas.
Iic.sol~rd, That the President be also requested to conimnnicnte to this Congrew
ally illforrnation he may possess as to craeltirs practiced by the authorities! of tlie
United States against prisoners taken in our privatecrs.

Mr. ,Jones of Tennessee presented the memorial of Steven D. Stout,

of Tennessee; which was referred to the Coininittee on Patents, without
being read.
Mr. Oldhain prcserited a memorial of Daniel C. Healy; which was
referred to the Committee on Claims, without being read.
Mr. Oldham presented joint resolutions conceiming the revenue
cutter Dodge arid her officers; which were referred to the Committee
on Naval Affairs, without being read.
M r . Mason presented the petition of him. Caroline A. Williamson;
which was rcierred to the Committee on Claims, without heing wad.
MI.. Criiwford offered thc following resolution; which was rcacl :itid
agreed to, to wit:
lksolvrd, That the Secretary of the Treasury be ?equcPtcd to inform the Congress
his earlicst convenicnce whether the salaries of all officers cnoiinectetl with tlie
collectioii of tlir iwtoins niny not be safely reduced during the contiiiuslnce of the
blockade; and, if 80, to what extent
:tt

Mr. Walkcr, froni the Committee on Foroign Aflnirs, reportcd 1)ncli

with t ~ 1 1micndrncnt
A bill t o 1)o ciititlcd An act to prcvcnt invasion, and to rctxlintc the
trcntuicnt intlictcd lipoil lwrsons in the service of the Confederate
States ttikeri prisoners by the lJnitcd States;
s
first, :ind sccoiici times and, on motion, placed on the
which ~ v a r-c:id
Calorid;~~:
and ordered tto I)($ printed.
Mr. Pcrliina, from tho Coninlittee on Foreign Affairs, to whom was
roftc,rred
A iwolntion cspressing the approval of Congiws of the plan of the
coirirriissioti nlcrchnnts atid insuranca companies to keep the cottoll
crop i n tbc intci-ior,
10 )orkd th(! S:LWO h * k . with the rccomincndation that i t pass.
If h rcuolut ion w i t h wgrcctd to, and, on motion, the injtxnction of
*emoc.y wlls I*cIno\.cdt~tlcrcfroin.
Mr. I(irkins, froin the Comtriittce on Foreign Affairs, reportcd the
f o h w i n g rcsolution; which IKLS read and pieced 011 the &l(indar,
to wit:
Ilesoluc,tl, llrnt it is l h c scnsc oE Congrew th:it our commissioner. at~roatlI,c an

izcd to (lxtcnd for n liniited period c~)ninlerc~inl

anct tonnage ad\ antagrs to
nations twliest r(~cognizingour in&pnde~~ce k)y the? forrllntioll ot ~ ~ m
treaties.

l l l

Aug. 16, 1861.1

PROVISIONAL CONGRESS.

859

Mr. Barnwell, from the Committee o n Finance, reported

An act to amend the law in relation t o the export of tobacco and
other commodities,
with tlie recorrirrieridatiori that it pass.
The bill was read first and second times, engrossed, read a third
t,inie, and passed.
Mr. IZrockenbrougli, from the Committee on the Judiciary, reported
A hill to perpetuate testimony in cases of slavcs abducted or har'nored bj7 the eneniy, and of other property seized, wasted, or destroyed
by them,
with the recomnicndation that it pass.
'l'lie bill having received its first and second readings, was, on
motion, placed on the Calendar and ordered to be printed.
Mr. fZrocl;enhrougli, from the same committee, reported
A n act to authorize the district courts of the Confederate States to
appoint comniissioncrs wi t11 power to arrest persons charged with
otfcnsc\, and f o r other purposes,
will1 the recomrnendation that it pass.
?'he hill having been wad first and second times, was, on motion,
placed on the Cdendar and ordered t o be printed.
The unfinished butiness of yesterday, which was made the special
order for to-day ilt 12 o'cIoc11 in., was then taken up; which was the
coilsideration of' tlie viigrosment for its passage, of the bill to authorize
the issue of T r c a s ~ i notes,
r~
aiid to provide a war tax for their redemption.
M r . Khctt, 5Lt the instance of the State of South Carolina, demanded
that t h c yeas :~ndnays of thc whole body be recorded; which are as
foilow8, to w it :
Pea: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi,
North Carolina, South Carolina, Tennessee, Texas, and Virginia.
A1:thxnia-Yea: Messrs. Walker, Smith, Curry. Chilton, McRae,
Shortcr. and Jones.
Arliansas-Kca: Mcs . Johnsori, Thomason, Garland, and Watlcins.
VJorida-Yea: Mcssrs. Morton and Ward.
Georgia-Yea: Alessrs. Toonihs, Howell Cobb, Foreman, Crawford,
Nisbet, Hill Wright, T. R. B. Cohh. and Stephens.
Louiaiaiia-Yea: Messrs. Perliins, De Clouet, Conrad, Kenner, Sparrow, acd Alarshall.
Mississippi-Yea: Mc'ssrs. Harris. Brooke, Orr, Harrison, and
Cam pbcll.
Korth Carolina-Yea: Nessrs. Davis, Avery, Smith, Ruffin, Venable, JIoremad, Puryear, Craige, and Davidson.
South Carolina- Yea: Messw. Rhett, Barnwell, Chesnut, Memniinger, Miles, and Boj-ce.
Tennessee-Yea: hlessrs. Caruthors, Jones, Atkins, House, Thomas,
Currin, arid De Witt.
Texas-Yea: Messrs. IIernphill, Waul, Gregg, Oldham, and Ochiltree.
Virginia-Yea: Messrs. Seddon, W. B. Preston, Hunter, Tyler, Macfarland, Bococli, Rives, Axason, Brockenbrough, and Johnston.
So the bill w i h engi-os$cd, read third time, and passed.
3Ir. I<cnncr moved that whwi the President shall sign and approve
the said bill that the vote thereon be made public as unanimous.

960

JOURNAL OB TEE

[Aug. 16, 1861.

Mr. CurrTmovcd to suspend the further consideration for the present

of the special order, for the purpose of receiving reports of committees
of bills or resolutions which are to be placed on the Calendar, or such
as do not elicit discussion.
The motion prevailed.
Mr. Shorter, from the Committee on Engrossment, to whom was
referred
A resolution of instruction requiring the committee to consider and
report upon the expediency of allowing the Secretary to appoint a clerk
to file and take charge of the papers oi Congress under the supervision
of the Secretary, and at the same compensation allowed the assistant
secretaries,
reported that in the opinion of the committee, though the services of
wlch a clerk are needed, they consider it unnecessary to make such
appointment before the commencement of the next session, and asked
to be discharged from its further consideration, and that the resolution
lie on the tnble; which was agreed to.
Mr. Conrad, from the Committee on Naval Affairs, to whom mas
referred the ctition of Dr. A. Y. I?. Garnett, reported the same back,
aslrcd to be S;ischargcd fro111 its further consideration, and that the
petition lie on the table; which mas agreed to.
Mr. Conrad, from the same committee, reported back the petition
of Jonas Y. Levy, asked to be discharged from the frxrthcr consideration of the sanic, and that it lie 011 the table; which was agreed to.
Mr. Conrad. from the Committee on Naval Affairs, reported back
A bill with nmendments t o be entitled An act to amend an act
lentitled (An act] recogriizirig the existence of war between tho United
[St:itcs] arid thc Confcdcratc States, arid concerning letters of marque,
prizes, and prize goods, approved Mag sixtli, eighteen hundred and
sixtF-onc, and : ~ r i:wt entitled An act regdating the sale of prizes and
the distribution thereof, approved May sixteenth, eighteen hundred
tirid sixty-one; )
which was ordrred to loe plnced on t h e Calendar and printed.
Mr. Corimd, froin t hc same conimittce, reported
A bill to hc rntillcci An act t o provide for certain revenue officcrs;
which way rc:d first,:tnci sccond liriics and placed on the Calendar.
MY. Con~nd,froin thr w n e comniittee, reported
A n wt to mtltorizc the Ircsidcnt to confer temporary rank and
conllnarid on olticers o f thc navy doing dnty with troops;
wliicli W ~ L Ss.c~tdfirst :tnd second times and placed on the Calendsr.
MY.d o h l i ~ o t of
i iI1*liansas,fvoin the Conmiittee on Military Affairs,
to whom w t s i*cfcrrl~ci
A rcsoliit ion of inclniry as to tho propricty of Eurnisl~ingInen and
tools for tlic innnufactarc, rtc., of slnall arms u t Little Rock, A r k ,
ctc.,
reported S B ~ W h ~ k asked
,
to be discharged from its further considet.aliOn tlnd that) t h n rcsdution lie on the table; whicll was agreed t o .
MY.301lnson of ~ i - i m i s a sfrom
,
tlw same conlmittcc, reported
A bill stcppletncntitry to an wt to put ill operation the Government
nndcr the l)(?rin:irirritConstitution of the Confedcrate Statrs of America;
which w8s rewl first rind second times and referred to the Conlrnittee
on t 1ie J ud iciary .
M y . Johnson of Arkansas, from thc same coinmittec, reported
A r l w h t i o n to p i w i d e transport:Ltioil in certairl cases;
which Wad
lirst &!id second tirncj 2nd placed on the Calendar.

Aug. 16, 1KF1.1

IROVISIONAL

CONGRXSS.

36 1

Mr. Ahley from the Committee on Military Affairs, to whont Tvas

referred

A reholutiori :Lnthorizing volunteers to appoint substitutes,

reported the sainc back, aslied to b e dibcharged from its fnrsiier. consideration, and that resolution lie on the table; which was agrcrd to.
Mr. Mile,, from the same committee, to whom was referred
A bill t o )I<>cntitled An act to authorize the auditing, settlement,
antl IXlyt11clit of a claim therein named,
rcportccl the m n e back, with the recommendation t>hatit be referred
to the Coininittee on (laims; which was :itgrt?ed to.
M r . Miles, from the satm conmiittee, to wliom was referred
A rcsolutioii touching the pr of fifth sergeants and corporals of a
Georgia rcginient,
rcyortt tl h;iin( back, nsked to he disc~hiirgcdfrom its further consideration, zn(1t h t the same hc rrfcrrcd ti) t h t l Contmittw on Claimq; which
\% :th agreed to.
M r . Miles, from the same cornmittce, to whoin was referred a communication respecting increase o l thc c*otnpisationof chaplains in the
iZrn1~7,reported the s i m p back, a :d to lie tlirch:qed from its further
consideration, nncl tlixt the conin ication lie or1 the tuhlc; mliich vas
agrccd to.
A h . Miles, from the sitinc comiriittw, to 11 hom \\-as rrfcrrect the
m t i v Ixwk, ailtetl t o be dismcmori:il of certain ruilroads, i*o~)ort(~O
charged from the further consideration t i ~ ~ ot ~f n,dttint the meinorial
lie on the table; which was agreed to.
MI.. Milci, front the samc comnii6tw. reported
A bill tiiahing appropriation5 four miiit:zij lio\pikl\;
whidi \ j a b wad first and second tinics, placcd on the Calendar, and
ordered to-be printed.
Mi-. 3Iilcs, from t he same conimittcci, reported
A bill to establish a uniform rule of natuidixation for persons
enlisted in the armies of the Confederate Htiitt\s of ,i~iic~rica;
which was read first and second times, placed on thc Calendar, and
ordcwd to be printed.
N u . &Rae offered the following resolution; wIii(8h w:ts read and
agreed to, to wit:
Resolved, That the President be requested to furnish Conqre
reports of the various battles fought by our armies since the atljoiir

Mr. Curry, from the Corninittee on Postal Affairs, reported

A bill t o he entitled An act atileiidatory of an act prcscrihing the
rates of postage in t he Confederate States, approved February twentythird, eighteen hundred and sixty-one,
and recommended its passage.
The bill was read first and second tirnes, engrossed, read third time,
and passed.
511..
Chilton, from the Comiiittee on Postal Affairs, reported
.I bill to be entitled A n act to establish the rates of postage o n
newspaperb and periodicals sent to dealers therein through the mail
or by express over post roads,
with rccoiiimendation that i t paw.
The hill maq read first, antl second times and placed on the Calendar.
Mr. Shorter, from the Corninittee on Engrossment, offered the following resolution; which was read and agreed to, to wit:
J Z ~ s o l ~ That
d,
the Secretary of Congt esi be authorized to employ under the supervision of t h e Conilllittee on F,ngrossnrent, such clerical force as may be found need-

JOURNAL OF THE

[ 8 U g . 16, iob:.

ful for the engrossment and enrollment of bills during the remainder of the present
semion, at a personal coinpensation of not more than six dollars per (la!.

Mr. I-larris, from the Conirnittee on the JudiciarJ-, to mhom was

referred t2ie petition of Ladislas Wankowicz praying a change of
his name, reported that the cornniittee had no power to grant the petition, asked to be discharged from its further consideration, and that it
lie on the table; which was agreed to.
Mr.Harris, from the same committee, reported back
An act vesting in the President of the Confederate States thc, pviver
of retsliation.
with the recommendation that it pass.
On motion, the bill was placed on the Calendar.
My. Puryear, from the Committee on Kaval Affairs, to whom was
ref erred
An act to further re in end an act to proride for the organization of
the Navy, approved March 16, 1861,
reported as a substitute for the same
An act further to anlend ail act to provide for the organization of
the Navy, approved March 16, 1861;
which was placed 011the Calendw.
Mr. Memminger, from the special committee on the renioval of the
seat of government, presented a report; which was placed on the
Calendar.
Mr. Gregg, from tlie Committee on Claims, to whom w a s referred
the jetition of Oliver Hoover, reported the sanie back, asked to be
discbargcd from its consideration, and thnt the petition lie on the
table; which was agreed to.
Nh. Grc. g , f r o a the game comniittee, reported back the rneinoriwl
of It. C. 8innmings ot ~ o, with
.
rccommendation that it be postponcd until the m c l of the war; which was agreed to.
Mr. Gregg, from the samo cornmittoe, reported back the meniorid of
Thoinas Ellison, with tho s m o recornmelidstion; which was ngrectl to.
iMr. (iregg, froin the same committee, reported haclr the niemorial of
11. II. Gurlcy, with the same rccomnieridatioii; which was agrccd to.
MY. Gregg, froin the sa~iiecommittee, reported back thc petition of
Sarriuctl $Jones,with tho satlie recorninoridation; which was agreed to.
Mr. (hag.,froni the same committee, reported b:ic*li tho petition of
Jolm 0. M o i ~ m with
,
saiiio recomn~etidation;which was agrcwl to.
M 1. 0 i q g , from tlic saiiie commit,tev, reported brick the mclnorial of
Dr. I. 1L1. ICnders, with same recorninelidation; which TVW agreed to.
MY.(i1*(lgo.,from thc sn~iiecommittee, to whom \\as referred the
petition of 12. 1.Gr:ty, rcportcd that tho coininittee fonnd no snffi,
ciciit ovidcticbco f tliv ,iiistness of the claim, aslrecl to be div&:qcd from
sidefibtion, and that the petition lie on the table; which
frorll the same committee, to whom was referred
c~ntitlctlAn act to authorize th(?Secretary of War t o
tnnko 2% ( ~ r t t ~pi tnp e n t out of the contingent fund of tile War 1)epartmxiL,
rc wrtccl t l x slim(?l)acli, with thc rccommendation that it pass.
h a hill, on motion, WBS ordered t o he placed on the Calendar.
( ~ O ~ I ~the11
~ ~ took
~ S SUP the special order; which way the consideration of
A bill to :~iitlioriz~
the :Ldtriission of tkie State of Missouri as a 11iemk m of the Confederate States of America, and for other purposes.

Ang. 16, 1861.]

PROVISIONAL CONGRESS.

363

The first section of t h e same heing under consideration; which is as

follow^, to wit:
SECTION
1. 77ri. Conqress of tlir Confederate ,Clcrtes of ihnerica do enact, That the State
of hlissouri shall be admitted a ineniher of tlie Confederate States of America upon
an equal footing with the other States under the Constitution for the Provisional Government of the sane, upon the condition that t h e said Constitution for the Provit.ional Government of tlie Confederate States shall be adopted and ratified h the
properly and legally constitnted authorities of said State, and the governor ozsaid
Ftate shall transmit to the President of the Confederate States a n authentic, etc.

Mr. Campbell moved t o amend by- striliinc. o u t tho words the

properly and legally constituted authorities hand inserting in lieu
thereof th e following words, to wit: a convention of the people or a
inajority of the legal ~ o t e r s .
M r . Caiiipbell deinandcd the question; which WRY seconded; and the
question being put, the amendment mas not agreed to.
Mr. Shorter, from t h e Committee on Engrossment, reported as correctly eiigrosseci and enrolled
An act to amend the law in relation to the export of tobacco and
other commodities.
A message -\\.as received from the President by the hmds of his
Private Secretary, JIr. Josselyn, informing Congress that the President has this day approved and signed
An :Let to inen end thc lsw i n relation to the cxport of tobacco and
other c~on~nioditie~.
Mr. V a u l moved to strike out the whole of thc first scction; pending the consideration of which inotion,
, on inotiori of Xr. Sparrow,
d until 11 oclock tomorrow niorning.
EXECUTIVE SESSION.

Congress heing in executive session,

ll~eChtiii. p w s m t d a comiiimiication froiii the President, tmnsmitting, for the advice arid consent of Co~igrcxs,the rioinirintion of 1. 0.
FEhcrt, of Louisiana, to be brigadier-general in the lrovisioiial Army
of the Confoclerate States: mliich was referrcd to the Committee 0 1 1
Mil ittiry Aff airs.
Mr. Miles, froin the Committee 011 Military .\thirs, to whorn mas
rcfcrrod, on the 1:Ith instant, the comniunication of the President
nmiiiiaLiiig, for ihc ad\ iw arid consent of Coiigrchs, a list of of6ccrs for
the Provisionnl L l r n ~ of
y the Confedcrate States, reported the same
back, with a rccornnicnclation that the Congress advise and consent

t h (L re to.
Thc report was agreed to, and Congress aclvihed and consented to the
norni nations.
On riiotion of Mr. Chesnut, Congress took up f o r consideration the
noinination of E. Cwiitey Stockton to be a lieutenant in the Marine
Corps of the Confederate States of America.
Mr.Chcsnut niovcd that Congress do advise and consent to said
noniination.
The, vote theycon h 1 4 n g been taken by States, reeultod :ts foihiis:
Yea: Loui~iana,South Carolina, Tcsas, arid Virginia, 4.
N ~ s : Ailab:~ma,
Florida, Georgia, Mississippi, 2nd Imn(
Dirided: Arkansds and Korth Carolina, 2 .

JOUltNAL OF TBE

364

[Aug. 17, 1861.

A t thc instance of the State of Texas, the yeas and nays of the entire
body were ordered to be recorded thereon, and are as follows:
Alabama-Y ca: Mr. McRae. Nay: Messrs. Walker, Smith, Curry,
Chilton, Shorter, and Jones.
Arkansas-Y ea: Messrs. Johnson and Garland. Nay: Messrs.
Thomason and Watkins.
Florida-Nay : Mr. Morton.
Georgia-Yea: Messrs. Wright and Stephens. Nay: Mcssra. Howell
Cobb, Foreman, Crawford, Nisbet, and Hill.
Louisiana-Y ea: Messrs. Perkins, De Clouet, Kenner, and Marshall.
Nay: Mr. Conrad.
Mississippi-Yea: Mr. Orr. Nay: Messrs. Harris, Brooke, Harrison, and Campbell.
North Carolina-Yea: Messrs. Davis, Morehead, and Davidson.
Nay: Messrs. Smith, Ituffin, and Venable.
South Carolina: Tea: Messrs. Keitt, Chesnut, Miles, and Boyce.
Nay: Mcssrs. Rhett and Bamwell.
Tennessee-Y ea: Messrs. Atkins and Jones. Nay: Messrs. Caruthers, House, and Thomas.
Texas-Yea: Messrs. IIemphill, Waul, Gregg, Oldham, and Ochiltree.
Virginia-Yea: Messrs. Tyler, Macfarlnnd, Rives, Scott, Mason,
and WrocBcnbrough. Nay: Messrs. Seddon, W. B. Preston, andBocock.
And thc vote having been announced as follows:
Yea: Louisiana, South Carolina, Texas, and Virginia, 4.
Nay: Alabama, Florida, Georgia, Mississippi, and Tennessee, 5.
Divided: Arktinsas and North Carolina, 2.
Congress refusod to advise and consent to the nomination.
By unanimous consent, Mr. Venalnlc withdrew his motion to reconsider the vote advising and consenting to the nomination of George T.
Cook to bo postmaster at ltaleigh, N. C.
Congrcss resumed legislative session.

TWENTY -FII?TH DAY-SATURDAY,

AUGUST17,1861.

OPEN SESSION.

Congress mot pursuant to adjournment; and

Resolved itself.into secret session.
SECRET SESSION.

Congross being in secrct session,

The Chitir presented the following communication from the President; which w~tsread and referred to the Committee on Military
Rfhirs, to wit:
EXECUTIVE DEPARTMENT,

IlOll. 1~oWlCLLCOBH,

Richmond, August 15, 1861.

I+&tlent qf Congress.
SIN:I I i c r c ~ i t htransmit t,o the Congress a communication from the honornblc

8eurctar.y of War. askiug for an appropriation of $130,000 to provide for cooks and
n t i r t.o
~ ~iiiiiiistcr to the sick and wounded of the Army.
JEFFERSON DAVIS.

Mi.. cJohnson of Arkansas moved to take up the consideration of a

resolution which was introduced by him and laid on the table, fixing
tlie time of udjournnlent of the Congress.

Aiig. 17,1861.1

PROVISIONAL

cmC:rmss.

365

The motion prevailed.

Mr. Ochiltree moved to amend bj striking out the n ~ ) r d stwentysixth and inserting in lieu tlirreof tlw words * twenty-second.
Mr. ,I ohnson of Arkansas called the qucstion; which T T ~ Sseconded,
and, at the instance of the State of Arliansas, demanded that the ycas
and nays of whole bodj- be recorded; which arc a< follows. to wit:
Yes: Alabama, Georgia, and Mississippi, 3.
Kag: iiorth Carolina, South Carolina, Tennessee, and Virginia, 4.
Divided : Arkansas, Louisiana, and Trxxs. 3 .
Alabama-Yea: Messrs. W a k x , Smith, Curry, Chilton, Shortcr,
and Jones. Nay: A h . McRae.
Arkansas-Yea : 3lesers. Garland and Watkins. Nay : Messrs.
,Johnson Rnd Thomason.
GeorgitL--Yea: III rh. FIomcll Cobb, Foreman, Crawford, Nisbet,
and U7right. Yay: Messrs. Hill and T. R. It. Cobb.
Louisiana-Yea: Messrs. Perkins, Sparrow, and Marshall. Nay:
Xessrs. De Clouet, Conrad, and Kenner.
Mississippi-Yea: Mcssrs. IIarris and Harrison.
Noyth Chrolina-Yea: Messrs. Smith, Craige, and Davidsoii. Nay:
Rlessrs. Davis. Avery, Vcnable, Morclicad, and Purycar.
South Carolina-Yea: Messrs. Barnw ell itrid Rile~~i~riingei~.
Nay:
Messrs. Khett, IZeitt, Chesnut, &iilcs, and Uoycc.
Tcnnessce-Y ea: M u . Thoinas. Say: Messrs. House, Caruthcrs,
Jones, and Dc Witt.
Texas Yea: Rfessrs. Oldhaiii and Ochiltree. Nay: Alessrs. Hemphill and Waul.
Virginia-Yea: Messrs. Bives and Mason. Nay: Messrs. Seddon,
W.B. Preston, Hunter, Tyler, Macfarland, Bocock, Scott, 13roclrenbrough, ?Johnston, and Walter Prcston.
So t h e ainendnient was not agreed to.
311.. Keitt moved to amend by strilring out the words twentysi\ctii .. and inserting in lieu thereof thr words twenty-fourth, atid
called for the question; which W R S seconded: :d the qucstion })ring
put, the aniendriient was agreed to.
hlr. rhomason moved to amend by inserting after the Tvorcls nincteenth instant and its next meeting on tlic third Nonday in Norrmher ncxt, and by adding at the close of tho resolution the words and
meet again o n the first Monday i n December 11rxt.
M r . Conrad moved to amend the amcndnicnt hy striking out tho
words first Monday in Ilecernbe~.and inserting in lieu thereof the
words first Monday in October.
Mr. Johnson of Arkansas called the question: which was seconded;
s ngrecd to.
and t h r question being put, the anicndment ~ r x not
Air. Sparrow moved to anicnd tlic nnicndnicnt hy striking out tho
words first Monday in Deceniber and inscrting in lieu thereof t h e
words first Monday in January, and cailed the question; wbich was
seconded; and the question being put, t h e tmendrnent was not agreed to.
Mr.Thornason called the question, which was upon agreelng to the
aniendmcnt as offcred by him; a n d the call bping srcondcd, Mr. Thomason, at the instance of the Slate of Arlwisas, domanded that the yeas
and nays of the whole body he recorded; which are as follows, to wit:
Yea: Arkansas, Mississippi, arid Tennessee, 3.
Nay: Alabama, Florida, Georgia, North Carolina, South Ctlrolina,
and Virginia, 6,

JOURNAL OF THE

I A w 17,1861.

Divided: Louisiana and Texas, 2.

Alabama--Yea: Messrs. Curry, Chilton, and McRae. N,z?.: Messrs.
Walker, Smith, Shorter, and Jones.
Arkansas-Yea: Messrs. Thomason, Garland, and Watkins. Nay:
MY. r J ~ h ~ ~ ~ ~ ) l l .
Florida-Nay: Mr. Morton.
Georpin-Yes: Messrs. Crawford, Iill, and T. R. 11. Cobb. Nay:
Nessl-s. IEowcll Cobb, Foreman, Nisbet, aid Wright.
I,ouj&i,~y~-Ypa: Messrs. De Clouet, Kenner, and Sparrow. Kay:
Messrs. Pcrkins, Conrad, and Marshall.
Missis~ipl)i-~pa:Mcssrs. Harris and Harrison. EST
: MI.. ( h p
bell.
North Carolinn: Nay: Messrs. Davis, Xvcry, Smitli, Vctlxblc, Moreliead, Yaryc:ir, Craig(:, and Davidson.
South Caro1in:i -Ye:i: MI.. 13arnwell. Nay: Mcssrs. Ithett, Keitt,
Chesnnt, Memminger, Miles, and Boycc.
Tennesscr--Yca.: Mcssrs. I3orise, Caruthers, and I>e Witt. X\ay:
Messw. .Jones and Thomas.
Tex;.hs--Ye;L: Me
, Oldtitini and Ochiltrec.
Nay : 31ei;srs. [Iemphill and Waul.
VirginiaTYea: Mr. Rives. Nay: Messrs. Scddon, JV. It. Ireshon,
Tyler, hlacfarland, J3ococI<, Scott, Mason, Brockcnbrough, Johnston,
S t a p h , anti Walter Ireaton.
So the tinii:irtlrrwnt W R S not ~grccclto.
Mr. Ihitt callccl tht: qimtion, which was upon agreeing to lhc rcsot,ion 2~samcndcd; ; ~ n dthc call I)cing sccondcd, the qucstion was put,
and the resolution as aniendtd v a s agrccd to.
Congrcss tlreri resumed tho unliiri4icd businesh of ycsterda) ; which
was tlic consideration of the motion by Mr. W a d to strikc out the first
scctiori of
A hill to proridc for tho :dmission of Blissonri, ctc.
Mr. hvery ctdlcil the qiiestion; \i hirh w i s not sec-onclcd.
Mr. Shorter, froru tlic Conimittcc 011 Eigrossmon t. reported as
corrortly ciigrossctl :mi crirollcd
Rii act runenctntoi-yof iui act to prcscrihc the rates of p h g c in the
Confederatc Statcs o f Amcrir:i, : ~ p p i * o v t !~(~bruary
~I
23, 1881.
Mr. 1V:uil ivitlitli.cw his niotion to strilic out, and pending tlic consideration of thc first section,
, on niotion of Mr. Niles,
Rdjoiirnod until 11 oclock Monday niorning.
I~:xECUTIVF: SESSION.

Congrcss baing in executive session,

Tbc &iir proscnted a couiinunication froin the President, transmitting, for thc advice and consent of the Congress, a list of appointnicnt.;
for collcctors, viz:
hitls 11. Trice, for BIemphis, Twin.; IFr. C. Davis, for Elizabeth City, K. C.;
Josqph kitinscy, for tlymouth, N. C. ;
WRS wferrcci to the Committee on Comniercial Affairs.
Mr. Miles, from t h c Committee on Militnry Affairs, to Jvhom mas
refcrrcd the nomination of 1. 0, H&crt, to
i)riga(jier-gcncral in
the Provi~ionalA~t11gof the Confederate Phtes, rq)()r.tcd the sa111e
back and rccornmended tlitrt CongrL advisc arid consent to the sanle.

which

h u g . 19,1861.1

367

PROVISIONAL CONGRESS.

The report \\as agreed to, and Congress advised and consented to the
nomination.
Mr. Crawford, milth e Committee on Commercial ABairs, to whom
was referred the communication of th e President, of th e 14th instant,
transmitting B list of appointments f o r collectors made during the
recess of Congress, reported the same hack and recommended that
Congress advisc and consent to the nominations.
The report was agreed to, and Congress advised and consented to the
nominations.
Congress resurncd legislative sehsion.

TWEXTY-SIXTH DAY-XONDAY,

L ~ U G U S T19,

1861.

OPEX SESSIOK.

Congress met pursuant to adjournrnent, and was opened with prayer

by the Rev. Mr. Pettigrew.
Mr.Harris presented a communication from the State of Mississippi,
upon the subject of finance; which was referred to the Comniittee on
Finance, without being rcad; also
A coriimunication fi-om the legislature of Mississippi, upon the subjcct of iinpaid agcntz and contractors f o r iiixil service, ctc.; which was
referred to the Coinmittce o n Postal Afhirs, without being rcad.
Congress then resolved i t d f into scci.ct session.
SECRET SESSIOS.

Congress being in accrct session,

The Chair presented the following c.oini~iunicationf r o m the President; which W R S rcud xnd, together with accompanying documents,
was referred to the Coininittee on Military Aeairs, to wit:
61n: I n reply to the reqolntion of Gongress of the 15th instalit, calling upon nie t o
furnish that body m i t h thc official reports of the various battles fought by our armies
since its last atijonrnment, I have the honor lierciiith to submit the report of the
becretary of IYar covering your resolution.
JEFFEESOS lIA4lr1S.
To the H O l l . n o \ \ ELI, C O B i3,
Presitlmt of the Congress.

X r . Shorter, from tho Coriiinittee on Engrossment. reported as

correctly ciigrosscd and enrolled
An act t u suthorizc tlic issue of T i ~ a s u r yiiotcs. i i d to provide a
war tax for their redcmption.
Mr. Chilton presented
A hill t o he entitled An act to establish a bureau jn connection
with the Treasury Department to he called the Bureau of Produce
Loan, :ind to provide f o r so disposing of the cottoii c ~ o p
of thc Confederate States as shall best conduce to the public defemc during the
war;
which was read first and second times mid referrcd to the Cortiriiittee
on Finance.
Mr. Morton offered the following resolution; which WLS read and
agreed to, to wit:
Resolcetl, That the Coiiimittet on Postal Affairs he iiistriidwl to inqnire into the
expcclicncy of cstnblishing a niuil ronto fro111 3Iontic~ello,Florida, to Station 17 in
the State of Georgia, on the Savannah, Albany and Gulf Railroad.

JOURNAL OF TEE

368

[Aug. 19,1861.

Mr. Cramford presented the memorial of citizens of Georgia; which

was referred to the Committee on Postal Affairs, without being read.
Mr. Foreman presented the petition of ThomasM. Nemeil, late captain
in United States Navy; which was referred to the Committee on Naval
Affairs, without being read.
Mr. Brooke presented
A bill to be entitled An act conccrning the marine hospital of Natchez, Mississip i;
which 1 ~ ~ p8 8a first and second times arid referred to the Committee
on Commercial Affairs.
Mr. Venablc introduced
A bill to be entitled An act to aiitliorize the appointment of an
additiollal assistant surgeon to each rcgiment in the Arlny of thc Confederate Stat es,
and moved its ~ R Y S : L ~ C .
The bill having been read first and second times,
Mr. IZar~~wcll
nioved Lo refer it t o thc Committee on Military Affairs.
Mr. Keit t callctl the question; which w a b seconded; and the qucstioii
being ppt, the motion to refor did not prevail.
Mr. Orr of Mississippi moved to amend the hill by adding thereto
the following words, to wit: a t the discretion of the Secretary of

War.
Mr. ,Johnson of Arkansas called the quostion; which v a s seconded;
and thc question bcing pnt, tlie amendment was not agreed to.
MI.. Camphell called the qucstion; which was seconded, the question
being upon the ordcring t,he bill t o be engrossed for a third readiiig;
and thc qiwstiori being put, the bill was engrosscd, read the third time,
* of 12 m. llnving urivcd, Congrcss rcsmned the consideration of the iiiifiiiishcd h s i n c s s of Satwclay ; which was the corisideration of
A bill to provide for the admission of Missouri, etc.
Mr. M:icfarl:uitl nioved to !)ostporic tlic further consider:ttion of the
bill for the prwent, Eor tho piirposo of calling for resolutions, etc., from
States arrtt rrports froin the conimittces.
Tho niot ion did not prevail.
Section 3 lwing uiidcr considcyiitioii; which i s as follows, to wit:

tlicConft,tlcr,ztc.Statcs of America he, and l i c is hereby,

iigh the niilitary powcr of this Goveriiiiiriit with the
thc S h t e of hlissouri in tlrieniliiic. that Statr a y a i n d a
SLatcri, a i l t i 111 niaiihininy tlir liherty aiitl iiiti~~peiit1rnc.c
:iiithorizetl :ind c ~ i i i p o w ~ ~tor tr~ tl n k anti iiiwtcr into
I Stntcq, in tlie St&:
of Miurouri, such troops of that
t i i i tlic Ariiiy of tlio Coiifrtleizle States, snhjcct to the

rulw n u t \ r c ~ i ~ l a l ~of
o nhalt1
s Army, :mt lit itccorclaiico witli the laws of Congrew
311.. .1ohiiso11 of L\rlw,nwts, fruni the ( h i i n i t tcc on MilitarT Aff:iirs,
inovrd to ;u~icwtL1))- iiisort8iiig: ~ f ( tlrc
~ r word -enipo\ycrcd the words

atr hi$; tlisc.retioii.

tlic following, to wit:

Aug. 19, 1SSl.l

PROVISIONAL CONGRESQ.

369

organization into rcgirncnts, arid to appoint tlie adtlitional field officers neccPsary for
the complete organization of the rc.ginic,nti
lornicd; a n d all -,acaiicie~that may
oe~iirarnonp4 the coniiiii~sioncclofficcrs of trc )l)sniiiLtercd into service un&r this act
shall ltc filled in tlie iiianner proricled in t h act entitled An act for the ehta1)lishiiient and organization of the Army of the Confederate States of America, approvcd
sixth Jfarch, eighteen hundred and Gisty-one.
:ib

The amendments were agreed to. and the section as amended reads
follows, to wit:

SEC.2. That tlie P r e d e n t of the Confederate States of America be, and h e is

hereby, a u t 1 i u r i A 1 0 cooperate through the military pon er of this Government with
the authoiities antl the pc.oplc of the Statr of
ouri in defending that State against
a lamlecs in\asioii 1)) the i-iiited StattJb, an(
itlairitairling tlie liberty and independence of her people; antl that lie 1)c a n t
.etl aiid enipu\wic.tl, at his discretion, to receive and n i n ~ t e rinto tlie s f ~ r i i wo
Confederate States, in the State of
Missouri, such troops of thdt Stat? a
. ilia! ~ o l u n t t wto m i e in t h e Army of the Confederate States, su1tjcc.t to the rrilr. antl regulation5 of paid Ariiiy, and in accordance
T\ ith the Ian P of Congrei.; ant1 mid troop- i
hi. received into service by compaelected by the troops, and the offinies, battalions, or regiments, I\ i t l i tlicir ofic
cers so elected shall be coiiirni$sionc~tlby t l
resident; and 11hen niustcrcd into
eervice said companies, battalions, or rcpiiririitr- may be attached to such brigades or
division.: as the President may deterniinc; ant1 tlie Iresident shall hare power to
appoint field oflieers for all battalion< antl rthgiiiieiit\ orgaiiizetl out of separate coiiipanies mustered into service, aiid to add t.1 bartalioiis a mfficieiit niiiiiber of separate
companies t o coiiiplete their organimtiori into rcgiiiieiits, ant1 to appoint the additional field officers ncce-ary f o r the coitl1>le,ie orpnimtioii of the I
ay o ( m r aiiioiipst the coiiiiiii=ioned offic
forinecl; antl a l l racaiic
mustered into senice II
act h a l l he filled i n the iiiaiiiier pro\-id
entitled An act for.tli
hmcnt and orpanimtion of the Ariiiy of the Confederate State. of Ainerica
ed sixth March, eighteen hundred and sixty-one.

Thc third section being wider consideratioti; which is as follows,

to wit:
SEC.3. That the protection of this Go\erninent is hereby extended orer all the
citizens of the Statc of Xssoiiri c.ngagct1 in rwibtiiig thtb lawless aggreseion~of the
Unitcti States, or ~ h may
o cyinpathize with aiid desire to unite their State with this
Confederacy.

Mr. ,Johnson, from the Corrimittce on Military Affairs, rnored to

amend by striking out the Same and inserting in lieu tlirrcof the following, to wit:
SEC.3 . That the Congress of the Confederate Stateq recognize the
of .;c.hich Claiborne 1. Jackson ib the thief mapidrate t o br the legally
regiilarly constitutrd government of the people and State ot Missouri; and that the
President of the Coiifedrrate States be, and h(. 1s hercby, empowered, at lriH tli,irretion, at any tiiiie prior to the adiiiis~ioiiof the said State as a iiieiiiber of this Conalliance, offenciye and defensive, n ith the said
federacy, to iierfect and p
government, linii tetl to t h
the existing n ar betn ecn this Confederacy and
the United States; the qai
alliance to he in form froni tlie date thereof arid
until the same shall 1.e di
r rejectcd by this Congress.

Ihc aruendixiciit W:L\ agreed to.

Thc preambbIe bring under c o i i s i d ~ r a t i o :n which is H
Tlir State of IIiLsouri being iiow engaged in open and actiye
I-iiited States, anti Coiigress being satisiietl that the properly c
thereof, iii conforniity with the :\ill of the people, are ccmtemplating measures to
make said State in the future a. iiiernber of illis Confederacy, 15 hich measures inay
be cxonsummatecl during the approaching recesz of Coiigrev: Aon-, therefore.

Mr. Miles, frolrl the Conirnittec, on 3Tilitary .Iflair.b, iuoved to :mend

by atrilting out thc same a:id in st~ rti~ in
ig lieu thereof the following,
to wit:
TT7hereast h e people of the State of Mivxmri 1 i ~ei been prcrented by the unron~titutionalinterference of the Governnient of the United States irom expressing their
c J--\OL
1-04-24

370

JOURNAL O F THE

[At%. 19. 1E61.

will through their legally constituted authorities in regard to Unioll 11 it!) tilt, Confederate States of America, and are now engaged in rePelllng a l d leis
~ 1111 asim of
their territorv b y armed forces; and
the pCOplc alld
Whereas iGs the right and the duty of the Confeferate States to
government
of the mid State in resisting such invasion, and In SC(L1r111p the I l l C d l l S alid
the opportunity of expressing their will upon all questions aftectlrlg theN rights
and liberties: Now, therefore.

The amendment was agreed to,

and the bill as amendcd
cngrossed,

read third time, and passed.

&. Miles, from the Cotninittee on Military Affairs, moved to change
the title of the ]]ill by inserting the following WOldS, to \! it: * :lid the
State of Missouri in repelling invasion by the United States, and to.
The amendment was agreed to.
Mr. Smith called for the consideration of the nest specid order;
wIli(;h was a I d 1 from the Judiciary Committce, entitled
An act for the forfeitnre and confiscation of the estate,. property,
and effech of alien enemies.
Mr. (jonr.ad moved to postpone the considemtion of thc saint to t d i c
up :I resolution introduced by him.
The motion did not prevail.
Mr. Conrad rnoved to postpone its consideration until Thursday
next.
The motion did not prevail.
The first section of the bill being under consideration; which is as
follows, to wit:
SIXTIOX
1. Be it therejore enacted by the Conyress of fhe Confederate 8tfrtei of ilmericn,
That all ancl every tho Irnid~,tenements aiid hereditaments, good..i ant1 rhattels,
rights mid (.redits withiii these Confederate States, and every right a ~ i diiitercst
thoreiii held, owncd, posscssed, or enjoyed bv or for auy alien enemy since the
twenty-Ar;.t day of May, eightern hnndred aiid sixty-one, be, and t h e canic a 1 c hweby,
forfeitcd ant1 contiscated by and for the Confederate States of America, arid c~~pecially
for tlic. frill intlcmriity of any tnic a i d loyal citizen or resident of these Coiifetl(~rate
Strttcs, or other pcrsoii aiding said Cotifederatc States in the prostxution of the prcsrnt war bctn~eensaid Confederate States and tlie IJnited States of Alnic~ica,aiitl tor
which h r has siifEered any Iom or injury under the nct of the United Stater to nhich
this a c t i h rf4aIiatory, and the same shall be seized and condemned atid appropriatccl
a.Y p l o d e d for in this :wi. P?o?tdo~,howaw, When the eftate, propert?, or rights
to br cffcctetl k).v this avt were, or arr, within soiiie State of this Confederacy, T\ hich
has becoiiio such since said twenty-first clay of IIag, the11 this act shall operate upon,
arid a8 to S U C ~estate, property, or riglitq, and all personi: clainiiiig the same from 2nd
after the d:~ysuch State 80 berarne a inember of this Confederacy, anti iiot before.

Mr. Wnlltcr moved to stinend tho s a n i ~by striking out, i n the tenth
line, tho words and for Tvhich he has suffered and inserting the
words who may siiffcr i n lieu thereof, and by adding after the word
( < r(?tfilitLfory,
in the eleventh line, the words
or nnder aiip other act of tlir United States,or of any of the States thereof, authorizing tllq seizure, sequwtration, 01 coniisvation ot
property of such citizells or reridelltfl(If
thtz (kmfcderateStates, or other persony ;ticling said Confederate States.

MI.. Thomas R. 1%.Cobh inoi-ed to amend the ainendiiient by adding

to tho end thoreof the followiiig words, viz:
or by

~C:IHOIIof the seizure or detention of any property belonging to c,itiztlis or cor],or;Ltlorl@of t1w Confedrrate SLTtes, either heforc or after the passage of the act
aforemid. clther by the Gonxnment of the United States or b y any of its officersor
by its nnthority.

A 1riess:igc mtsi received from the Presidelit 1117 the hands of his
Pri\-&t~
Secretdry, &h.Josselyn, informing Congres;s: that the President has this day approved and signed

A I I ~19
. lbfil.]

IltOll SION A12 CONGRI;XS.

871

An iLct to anthorbe th e isstLc of T r ~ : t s u rnotes:

~
and to provide a
w w tas for their rdcniption.
311.. Shortcr, from t h e Coniniittep on Engrossrncnt, rcported as c o p

ointment of mi additional asajstartt surgcon to c w h regiment in the Ariny of the Confederate States of
Anit>ric>i;also

An nct to aid the State of Xissouri in repelling iiirasioii b - the

Cnitcd Sitate:,, and t o authorize the admission of mid State as a iricmbcr
of the Confederate States of hiiierica. and for other purposes.
A h . I h n n e r introtluced
d I?ill to iniposc adc!itionnl duties on foreigii import.: in certain cases;
\vhich Y, read first aiicl second tiiues aiid refcrred to ttic Committee
on Finance.
MY.Housc introduced
-4 1)ill to tidiiiit certain articlcs free of duty during the war;
which x w read first and second tiiiies aiid referred to thc Committee
on Finance.
Mr. Curl-in introduced
>Ibill for the constrnction of ptiiiboats;
m ~ first
d :mid second tinics arid referred to tho Committee
on Savtil Atfair?;.
Xr. lylu pixwnteti thc petition of ,John E. ,\IcWilliains; n-hich was
r c fe n etl to the Coniiiiittcw 011 Claims, m-ithout Iieiiig read.
311.. Mac~far1:~iid
prcstntccl :iniemorial; vhich xas reforred lo the
Coiiiiiiittccl o n loital Affairs, without being read.
On niotion of 11r. Miles,
Congress then adjouriied until 11 oclock to-niorrow morning.
13XECUTIVE SESSIOS.

Co~igrosdbeing in e s c c u t i x session.
The Chair pieaentecl a coiniiiunicatioii from the President,
iiig J cbbe B. Cleiiients to be 111:irslial for thil cliytrict of Lcnii
abliinp to wit!idl.a.cv the noir:inatioii of ,To1111(iutliric foi (Itat
Congress not ha1 ing ye t w t d on the noniinaiion; whicah \v:th refcrred
to t h o Committee on t h e ,Judiciary.
Tlie Clitiir also laid hefore Congresh n comniunication from the
itoininalii;g .Fohn A. tJo~ies,of Gcorgia, m d H u g h NcLeod,
to t)e major:, iii thc Prorisioiial Army of Lhe Confederate
S h t e s of America; Char.1c.s Stringfellow, of Virginia, to be assistant
adjittaiit-~!.c?iiern!,with tho ranl; of captain, in thc Provisioiial Army
of the Coniedurate States; which W d S ycferrcd t o the Committee on
Nilitxry Affairs.
Tlie C>hairalbo presented a conimuiiicatioii froin the Prebident, norniiiiitirig (;cwrgc S. Shryock, of Kmtiwky, to bc n lieutenant in the N ~ Y J ~
of the Confedcrate States; which was referred to the Cyoniinittce on
S a r n l Sffairh.
Xr. (:ohti, froin the Committee on the J u d i m r y q to whom mas
referred the iioiiiination of Jesse U . Cleiiieuts, reported the sanie back
reconiniending that Congress cement to the Tvithdl.;tn-aIof the nomination of J o h n Guthric and :dvise aiid consent to the nominntioii of Jesse
R. Chments to be iiiardial for the diqtrict of Tennessee.
The report was agreed to, bind] Congress adrised and corlsented to
tbc nomination of Jesse 92. (leinents.

JOURNAL O F THE

[-\llR. 20, 1861.

Mr. Miles, from the Committee on Military Affairs, rcportccl back

the nomination of John A. Jones, of Georgia, to be majou in t,hc Pror;sional ArIriy, and recommended that Congress advise and consent
thereto.
rhe report was agreed to, and Congress advised and consented to the
nomination.
Mr. Cra.wford, from the Committee on Commercial Affairs, to whom
mas referred the nomination of Tandy H. Trice, J\illi:m C. Davis,
and Joseph Ramsey, to becollectors, etc., reported the saine back, with
a rccornmendation that Congress advise and consent thereto.
The report was agreed to, and Congress advised and consented to the
nominations.
Mr. Watkins nioved to reconsider the votc by which the n o a h a t i o n
of E;. Cantey Stockton was rejected.
Pending which,
Congress resumed legislative session.
TWENTY -SEVENTH DAY--TUESDAY, AUGUST20, 1861.
OPEN SESSION.

Congress met pursuant to adjournment, and was opencd v i t h prayer

by the Bey. Mr. Slack.
Congress then resolved itself into secret session.
SECRET SESSIOX.

Congress being in secret session,

$11.. Barnwell, from the Committee on Finance, by unanimous consent, introduced
A bill to be entitled An act making appropriations to carry into
effect an nvt to authorize the issue of Treasury notes, and to 1)rovide a
war tax for their redemption;
which was rcad first and second times, placed on the Calendar, and
ordcrcd to be irinted.
Mr. 13wnwc 1, from the same committee, reported
A bill to audit the claims of the respective States againbt the Confederate Government;
which was rend iirst and second times, placed on the Calendar, and
ordorod. to be xinted.
M r . I3arnweljI, from thc s:me committee, reported
h hill cntitlcd A n :wt to impose additional duties on foreign
inipoi*ts i n certrrin cases;
v\.hic*h WIS r w ~ dfirst and second times, placed on the Calendar, and
ordered to bc printed.
11r. t3irrnwei1, froin the smie committee, reported and recoiiirncndcd
tllP ptrssagr of
XI bill to bc entitled An act providing for the disposition of
unclainicd goods deposited in warehouse, as prewrihed by existing
l:L\-Ts:
which V V R S read tirst and second times, engrossed. read third time, and
pnsscd.
blr. Ih1Wel1, from the samc committee. to vhom mas referred the
ineniori:il of ,Jeptha Foulkes, r q m t e d the same back, aslted to be discharged froin its further consideration, and that the memorial lie on
the table; which was agreed to.

Ang. 20, l % l . j

PROVISIONAL CONGRFSS.

373

Jlr. Barnwell. from miie committee, moved to make the special

o r d t ~ rfor Friday ncxt thc appropriation bills reported from the Coalinittee on Finawe.
The motion waz, agreed to.
M r . Wright presented ti nieinorial from certain citizens of Georgia;
which was referred to the Coniinittee on Military Affairs, without
i)eing read.
Rlr. Oldham uresented a iiiemorial of Charles C. Clute. telegrauhic
superintendenb: which was referred to the Committee on ailitary
Xffairs, without being read.
Nr. T. R. K. Cobh presented the niemorial of W. H. I-Iarclec; which
wus rcfcrrcd tothe Committee on Patents, without being read.
Mr. T. R. B. Cobb offered
A resolution relative t o the equipment of volunteer cavalry companies;
which was read first and second times.
Rlr. Craige moved to refer the same to the Committee on Milih r v
Aflairs.
The motion was not agreed to.
Mr. Kenner niored to aiiiend the same by inserting the words
whose services are accepted f o r the war.
The arnendnient was agrccd to, and the resolution a s amended was
engrossed, read third tiine, and p:issed.
The Presideill having returned the tax hill with his approval and
signature,
Mr. Kenner rnored the taking up and consideration of his motion
to publish the rote on t he passage of the same as unanimous.
T h e motion prevailed.
The motion to publish was taken up and agreed to.
MY.Davis of Sorth Carolina ofiercd the following resolution; which
was read and :+greed to, to wit:
Resolred, That the K a r a l Committee iiiquire whether any, and what, provision
rhould be made for t h e case of oflirers in the Coast Suryey service of the IJnited
States who have ieeigned on accomit of the secession of their States.

Mr. Harry wis, o n niotion, by unanimous consent, allowed to record

his vote in favor of tlie pssagc~of th e hill to authorize the issue of
Treasury Iiotcs, and to provide a war tax for their ~*edcniption.
Mr. Xlilos, front tlie ~oniniittceO K Military
~
Affairs, reported
A b i l l to providc f or loval defense and special service,
and reconimcndcd it, passage.
The bill wab read first and second times, engrossed, read third time,
and pasb~d.
h4r. MiIps, f ~ w nt h e sxmc committee, reported and recommended
the passage 0:
A bill to authorize the employment of cooks and nurses, other than
enlisted nicn 01 volunteers, for the military service;
which was rcnd first and second times, engrossed, read third time, and
ptlssed.
Mr. Milcs, from thc siiine [cominittee], reported and ~*cconinict~~dt~
the passage o f
X hill to aiithorizc lxtyinent to be niadc for certain horses piirch:iscd
for the iirnl\. i)y Col. A. W. McDonald;
which was read first and second tinies, engrossed, read third time, and
passed.

374

JOURNAL O F THE

[ h u g . 20, 1861.

3 % ~Miles,
.
from the same committee, asked the passage of LL bill
atready reported and on the Calendar, entitled
\f
bill making appropriation for the serl-icc of physicians to be
rr>ployedin connection with thc medical staff of the Army.
The bill was taken LIP,engrossed, read third time, and passed.
My. Miles, froin the sanie committee, called for the co1lsideration <Jf
a Calendar hill entitled
A bill making appropriations for thP piiblic defense.
Tlle bill was taken up, engrosstd, read third time, and passcd.
BIT.Miles, froin the same conirnittee, called for thc considrmtion of
a (hleadar bill entitled
A bill to increase the Corps of Artillery.
Tile ]>ill Ivas taken ~ psnd
, the third section being under considcrntion, Mr. ?Jlilt.,s, from the Nilitary Committee, moved to amtwd I J ~
strilting orlt the words two thousand and inserting in lieu thereof
the ~ o r d . ; tmeiity-fire himired.
The amendment was agreed to, and the bill as amended was engrossed,
read third time, and passed.
Mr. Johnson of ,Irl<ansas, by unanimous consent, introihiccd the
follo.vving resolution; which was read and agreed to, to wit:
&strsolartZ, hat i t shall be thc duty of the Secretary of Congress to prepare and
cause t(Jbe printett and laid on the t:tble of each member, each day of the session, a
copy of tlie calendar business for the day.

Mr. Sparrow, by unanimous consent, offered the lollowing resolution; which WRH read and placed on the Calendar, to wit:
I?esolcetE, That a conimittee composed of one from each State, to be selected by
the 1)clegatcx thrrefroiii, he appointd to examinc into the administration of the
uarterimster?, and 3Iedicsll Tlepartments, and what changes, if any,
1 tlre laws and rcgnlations relating to thosc departments, and that
liaw: leabet to sit dtiring the recess of Congress.

Mi-.; J ~ h i i ~of~ iArkansas,

i
from the Committee on Military Affairs,
to whoni w:is referred
A rcsolrrtion ituthorizing thc Secretary of War to furnish supplies
to ccrt:~,introops,
wported tlic s:iine back, asked to be discharged from its further considortktion, iind that the resolution lie on the table; which ~ v a agreed
s
to.
nlr. Chilton, froin tlic Comrnittoc on Postal Affairs, reported
A bill to oxtablish cert;~inpost mutes thercin named;
which ww rend first :md second times and ordered to be piaced on t h e
Cu1ontl:Lr m d to lie on the tnble.
ldc, C h i r presented a cotnniunic.ation from the Secretary of the
T r ~ ~ u rmalting
y,
estiinaks of nn :ippropriation to carry into effect
section B of t t n : ~ tot clefinc M ith more certainty the meaning of an act
entitled An :wt to 6 s thc duties on articles: therein nmned; which
WILH ro,:ul r i d refcrred to the Committee on Finance.
Mr. (%ilton, fro111 tho Conimittec on Postal Affairs, to whorn TVAS
refcrrcd
A bill to provide for the tritnmiission of letters by soldiers i n the
Rr1lly without l.cPtyment of postage, and a resolution of inquiry
to suffering siich l(ittc\rs to go f r ~ ,
rcpol.tetl SIL~IU?h c k , that in the opinion of the committee no further
logislihoI1
neccssiiry, asked to be (&charged fro!>1 their further
(~O~lSide~atiOn,
id that the bill and resolution lie
the table; ~ ~ h i c j l
was tlgrccd to.

S n q . 20,1861 ]

PROV IS TON AL CONGRESS.

375

M r . Chilton, from the smne committee, to whom mas referred resolutions of inqiiir? respecting restrictions to he placed upon communications sent h y o i i t l the Corifcderate States, re iorted same hacli. and
that thr majority of said coiiiniittee deemed no egislation necessary.
And xlm, i n hrhali of thc minority of the committee,
X I)ill t o prevent iiiiproper comniunication by letter or otlicrwise
with the tncniy of the Confederate States;
which [ ~ v n hrcatl
]
first] : i d second 1 times1 ancl placed on Calendar.
M r . Chilton. froni same committee, reported back, mith recommendation that i t p s s ,
A hill to retluirc the receipt by the Postmaster-General of the Confcdcratc States of Treasury notes in sums of fi\Te dollars and upmard
in pyrnei i t cl posttigc stim p s or stamped enrelopes;
whivh was placcd on tlie Calendar.
X i . Seddon introduced th e following resolution; which was read
and agrecd to, to wit:
Riaolt d,That the Coriim;ttee on Iliiitary Affairs be instructed to inquire and

report forthn i t h 11l r ~ cfiicierit

t
legiqlahn may he adopted to secure to our armies
adequate supplies of wholcsoinc~Ixearl and likewise of vegetables.

Mr. 111ilcs. from tlie Corninittee on Military Ahirs, by unanimous

consent, callcd Poi. thc considerntioil of R bill on the Calendar making
:tppropri:Ltioii\ for military hospitals.
llic ])ill \\:LA ttikcn up, engrossed, mad third time, arid passed.
Rlr. licitt, fro111 the Coirirriittec on Foreign Affairs, called fo r the
consideration of a bill oil the Calendar . to empower the Pi-csident to
:q)point, addition:d commissioners t o foyeign nations, and moved the
postponcriiciit for the present of the special order; and th e vote having
h c n taken thercon hy Statc,s, resulted as follows, to wit:
Tea: Arlcatnsas, Florida, Xississippi, S o r t h Carolina, Tennessee, and
Tirginia, 6.
Say: Alabama, Georgia, ancl Texas, 3.
I)ividcd: Louisiaiia :md South Carolina, 2.
So the motion 1
q r e e d to; and Congress proceeded to the consiticratioii of the bill.
Jlr. Atkins n i o ~ c dt o aiiiend by offering as a substitute for the bill
t h c following, to wit:
That the Ire~itlentbe requested to n ithdraw the present commis~ion[ers] of the
o tht. great powers in Europe ant1 that he is hereby authorized to
cr p k u i p o t m t i a r j ti, earl1 of the Go\-ernments of Great Britain,
ia, ant1 the Creriiiaii States.

rhe xinmdruent \vtts not ngrcetl to, and the bill was engrossed, read
third time, and pawid.
MI-.
T. 13. R. Cobb, ironi tlie ,Judiciary Committee, reported hack
A bill sappl(~mentaryto an uct cntitled An act to put in operation
the (:owi nnient under th e pernianent Constitution of the Confederate
States,
mid recommended its passage.
Mr. Conrad moved to I x d p o n e its consideration and to place it on
tlic Ualendar.
The motion was not agreed to, and the bill was engrossed, read
third time, and passed.
Mr. T. 12. R. Cobh. from same committee, reported back two bills
t o aiiicnd t h e Constitution of the Confederate States, and that in the

/All% 21. 1861.

bpinion of the committee should not he passed, asked to be discharged,

and that the hills lie on tible; which was agreed to.
The hour of 12 m. having arrived, Congress resumed th e considemtion of the unfinished business of yesterday; which was the consideration of the amendmont of Mr. T. 1%.R. Cobb to the amendment of
Mr. Walker to the first section of
A bill to provide for the confiscation and forfeiture of the estates,
property, etc., of alien enemies.
Pending which,
Mr. &Rae, from the Committee or1 Engrossment, reported as correctly engrossed and enrolled
A i t act to empower the President of thc Confedcrato States to
"13 mint additional commissioners to foreign nations.
motion of ~ r Tqaul,
.
adjourned until 11 0'~'10(*kto-inorrow morning.

bn

 o t i g r e * ~lwing in iecret scsbion.

~ g W:I\
e Icccived lroni the fwsident by the hands of his Pri1 iitr Secrc.tary, M r . , J o s d y n , iiiforniiiig Congress that the President
on j-esterday appro\ cd and higiied
An act to aid the State of Missouri in repelling invasion by the
United States, arid to authorizc the admission of said State as a member of t h e Confederate States of Rmericn, :Lnd for other purposes; also
An act to empower the lresiclent of thc, Confederate States to
appoint additional comritissioiiers to forcigii nations.
3Ir. TTalker oflfercd the following resolutions, to wit:

(1)I!esoZi+ed, That during the remainder of the present wrsion of Congress the
hour or iriec%ingdial1 be ten oclock ant(>nicridian and the hour of adjournment
half oc.lock post meridinn.
, Tlint 1 1 0 member bhall be nlloii etl to speak more than once or longer
iiiuten o n the baim question.

ah. Crawford iiiovcd t o divide the question; which W R S agreed to.

And the qaeslion being piit, whiclh mis upon agreeing to th e first
resolutiori, tlic w i i e TELS ngrecd to.
r ,
Lhe second resolution hiyitig lwcn talicn iip,
N u . Thomason ~iioi-cclto postponc indtdiinitely the conhideration of
thc \ : L I ~ I P .
r >
I h ( >motion 1%a s agreed to.
N r . Curry ollerccl t h e following resolution; which ~va5read and
agwed to, to \$-it:
I;csoized, That the Committee
can iiot l)c di.pmsed \\it11 for
adrniniCtriLtloi1
not IF 111a
with leahe to report b y bill or

011

Jrinting inquire vhether the Bureau of Printing

; xiid it not, whether the expenses of its
iinirlied 1% itliout cletrinierit to the public,

Nr. Xorton introduced the following lasohition; which was read

and agreed to, to wit:
liesolvetl, That tlic Ooiiiinittec 011 Finmice l,e instrnrtcxl to inquirc into the policy
of gidntiiit. aitl to tlie Stat(, o f Florida, by :t ~ { J ~ ot
I I money. to be nscd and applied
by ll1e xutlioritieb 01 tlic State for militaiy p u r p o v ~

Mr. Foiwnan oflcred the following rcsoliition; which \\ah read and
agrecd to, to wit:
tce on 1hnnc.c be instructed to iiiyuiie into and report
cxpediency 01 opening-all the ports of the Confederate
0115 at peace with it to lree trade.

XI..
l. K. K. Cohb introduced
A bill lo authorize the cstablishrnent of recruiting stations for the
Provisional RrnijT under certain circumstances;
which was read first and secoiid times atid referred to the Committee
on M l i t a r y Affairs.
JIr. Mcmntinger introdiiced
A bill to provide a temporary substitute for engraved Treasury
noteh;
w h i c h was read first and second times, placed on the Calenclar, and
ordered to I)c prinkd.
Mi. Mason offered the following resolution; which was read and
agreed to, to wit:
Resoher:, i h t tlic Cornn~ittwon Forcien \ffairF Iw instru
tobacco 01 other pro(1uce of any of tiic (onfederate States h

d to inquire whethcJr
been exported froin

378
any of the ports of those States b y sea, since the declaration of t h e blockade, ant1 i f
so, what Ivgislution is neoessary, if any, to prohibit the same, and the committee
have power to send for persons and papers.

Mr. Brockenbrough offered the following resolutions, t o wit:

Resolved, That the Committee on Ililitary Affairs be instructed t o inquire into the
expediency of adopting for thc use and protectioii of our Army t h e plan of a portable breastwork invented by EI. T. Hartman, of Rockbridge Cotrnty, Virgillia
Aesolred, That the lctter of the inventor addressed to a member of this House
explaining the merits of the invention be referred t o the same committee.

14Pr. Brockenbrough offered the following resolution; which was

read and agreed to, t o wit:
l<esoloed, That the Committee on Claims be instructed to inquire into the expedien-y of continuing the payment of pensions heretofore paid by t h e Governrrlent of
the United Statcv for military or maval services to such of said pensioners as are citizens of the Confederate Statea.

Mr. Macfarland presented the memorial of Jos. Myers; which was

referied to the Cornniittee on Naval Affairs, without being read.
Mr. Barnwell, froin the Committee on Finance, reported
A bill to be entitled An act making appropriations to carry into
effect section two of an act approved May twenty-first, eighteen hundred and sixty-one, entitled An act to define with more certainty the
meaning of an act entitled An act to fix tho duties on articles therain
named, approved March fifteenth, eighteen hundred and sixty-one,
and recommended the passage of the same.
The bill was read first and second times, engrossed, read third time,
and passed.
Mr. Barnwell, from the sarno committee, reported and recommended
the passage of
An act to be entitled An act to repeal the fourth and fifth sections
of a n act to regulate [foreign coins] in the Confederate States of
America;
which was m i d first and second times, placed on the Calendar, and
ordered to be printcd.
Mr. Miles, from the Committee on Military Affairs, to whom was
referred the preamble and resolutions of a meeting of the citizens of
Wilmington, N. C., reported the same back, asked to be discharged
froin the further consideration of the same, and that thc resolutions
lie on the table; which was agreed to.
Mr. Milcs, from the sarilo conimittec, to whom wax referred resolut,ioris inqniring into the expedicncp of building certain military mads,
rcportctl tho ,yaino buck, asked to be disc.hargt?clfrom their further consideration, : ~ n dthat the resolutions lie on the table; which was agreed to.
Mr. Milcu, fro111 tht: same committec, to whom ~ r a referred
s
R rcsolulion of inquiry as to what legislation was necessary to prevent do ircclations on private property by the Confederate Army,
It orteci thc s m c h c k , tLsked to be dischargecl from its further cons1 eration, and that the resolution lie on the table: which ~ u
agrood to.
itir. Miles, lroi~ithe s:Lmo committee, reported and recommended
the piwage of
A hill to tluthorizc the Ircsident to continue the appointments inade
bp h i t i l i n (he inilittiiy :tnd naval service d11l.i!ig the recess of Congress
01 th( prcscllt session, and to ,subinit theill to Congress at its next
session;

.T

Ang. 21. ISGI.]

PROVISIONAL CONGRESS.

379

which \\TW\ read first and beconcl times. placed on the calendar, ~ 1 1 ~ 1
ordered to hc printed.
The hour. of 1 2 111. having arrived,
l l r . >file\ ~ u o r c dto postpone the considorstion of the special order,
for t h i ~p u r p o x of continuing the call of committees for reports, ttc.
1hc. motion WIS agreed to.
Mr. Jlile-, from t he Committee on Militar? Affairs, to whom was
referred the coiiitriuiiiuition of the Secretary of TT7sr transmitting to
Coiig-rehz t he reports of th e 1-arious battles fought bj- the Confederate
Arni?, ;1*eportcdthc? saiiic back, and the following resolution: which
wali rcwl and agreed to, to wit:
7 ,

Ilesolwtb, That the Secretary of War be, and he is hereby, antlioriml to publish
froiii time to tiirie, for the information of the country, such official repoi ts of battles,
ei~gagriiielit?,arid military operations as in his opiuion it iiitty be judicious and
proper to in::l;t. p u b l ~ c .

Xr. Miles, froin the same committee, to whom was referred

A bill t o aid in the completion of a railroad for war and dcfensive
purposes,
reportrd m n c back, that in the opinion of thc coniniittcc legislation
on the subject wac inexpedient, asked to be tiischayged froni i t c further consideration, and that the bill lic on the table: which W M
agreed to.
~ C S froni
,
the m i l e committee, reported back slid recoinnieridcil tlw p w i g e of
A bill :Luthor*izingt h e Presitlrnt to regulate and take control of railrunt!:, in certain cases;
which was r w d first nrid second times, platcd on the Calendar, and
ordered t o be printed.
Mr. Miles, froiii the smie coinniittee, reported and recouiriiended
the pas-age of
Ail :Let t o authorize the appointment of supernumc1-m.y lieutenants
in the Provisional Rrniy.
hlr, Tlalker moved to amend by adding tho following vords, to wit:
I,~~~idec.d,
That n o person under the age of tweiity-one y c ~ shall
s
be
ap sointed under this act.
T. R. It. Cobb moved to anierid the amendment b y :Ldding the
follon ing, to wit:

hi*.

PIo ~ c dtl< jtc&e,., Tliat all such appointcos shall be at least eighteen years of age
a n d bhall ha\ e wtoivetl a military etliication for at lcast tn o years at ~ 1 1 1 inilitary
~3
in-titutc TI ithin the Coilfederate Statw, ancl that no such superii~mierariesb l d l be
att:rchetl to a n y regiment without the request of the coiiiiiiaiidirip officer.

Air, .Curry called the question, which WAS upon agreeing to the
anientlmr~nt to the amendment; which was seconded; atid thc question
h c i n g p u t , t h e :ttnendment to the amendment was not a p e d to.
Afr. Meninlinger called the question, whic*h TT:LS npon agreeing to
the anicndmcrit offered by Xr. Walker; which w w secorldcd; and the
qucstioii heing put, the amendment was not agrccd to.
Mr. Curry niovcd to arnend by adding thc following words, to wit:
/t-o&cZ&d, That no person under twenty yearb o i age shaIl be
a ppiiited under this act.
&Ir. A~jerymoved to lay the amendment on the table; and th e vote
having been taken thereon by States, resulted as follows, to wit:
Yea: Arlianqxq, Florida, Georgia, Louisiana, North Carolina, South
Carolina, Tennessee, and Virginia, 8.

JOURNAL OF THE

[.?,W. 21, 1861.

Nay: Alabama, Mississippi, and Texas, 3.

So the motion was agreed to.
Mr. Atkins moved to amend by adding as an additional section the
following, to wit:
SEC.3. The pay of the supernumerary officers provided by this act shall be fifty
dollars per month.

Mr. Mernminger called the question; which was seconded; and the
question being put, the amendment was not agreed to.
Mr. Walker called the question, which was upon agreeing to the
engrossment of the bill for its third reading; which was seconded; atid
the question being put, the motion was agreed to.
The question then being on the passage of the bill, Mr. Harris, at
the instance of the State of Mississippi, demanded that the yeas and
nays of the whole body be recorded; which are as follows, to wit:
Yea: Louisiana. North Carolina, and Virginia, 3.
Nay: Alabama, Arliansas, Georgia, Mississippi, South Carolina,
Tennessee, and Texas, 7.
Divided: Florida, 1.
Alab,zmn-Yea: Mr. Chilton. Nay: Messrs. Walker, Smith, Curry,
McRac, Shorter, and Jones.
Arkansas-Yea: Mr. Johnson. Nay: Messrs. Thomason, Garland,
and VI'atBins.
FloPidn-Yea: MY.Morton. Nay: MY. Ward.
Georgia-Yea: Messrs. Foreman, Nisbet, and Hill. Nay: Messrs.
Howell Cobb, Crawford, Wrightt and T. R. B. Cobb.
Louisiana-Yea: Xessrs. De Clouet, Conrad, and Sparrow. Nay:
Mr. Kenner.
Mississippi-Nay : Messrs. Harris, Brooke, Orr, Barry, and Harrison.
North Carolina-Yea: Messrs. Davis, Avery, Venablc, and Morehead. Nny: Messrs. Smith nnd Puryear.
South Carolina-Yea: RiIcssrs. Hliett and Miles. Nay: Messrs.
Barnwell, Kcit't, Memminger, and Boyce.
Tenne,sscc- Tea: Messrs. Csruthers, Currin, and Jones. Nay:
Messrs. Atliins, IIouse, I)e Witt, and Thomas.
Texas-- Yea: Messrs. Waul and Ochiltree. Nay: Messrs. Reagan,
Eleniphill, Gregg, and Oldham.
Virginia--Yea: Messrs. Scddon, VI'. 1%Preston, Macfarland, Bives,
Scott, Mason, Rrockenbrough, and Walter Preston.
So the bill was lost.
MY.Shorter, f rani thc Committee on Engrossment, reported as correctly Prigrossed kind enrolletl
An :ic*t inalting aiqropriations for the public defense;
An act in:iking appropriation for the services of physicians to be
eniplo1t:d i n conjunction with the medical staff of the Army;
An act to nuthorim pnymertt to he made for cerhin horses purchased
for tliti Army by Col. A. W. McDonald;
An act to authorize the einployment of cooks and nurses, other than
enlisted nicn or volunteers, for the military service;
A n :Ict providing for the disposition of unclaimed goods deposited
in warrhouse, as prescribed by existing lnws;
An mt to provide for local defense and special service;
An act making appropriation for military hospitals;

Aug 21, 1861 ]

PROVJ SIONAL CONGRESS.

381

A resolution in relation to the cquipnrents of volunteer cavalry

c~olnp""1cs:

An act supplemental t o an act to put in operation the Goveriunent

under tlic: pelmanent Constitution of the Confederate Statcs of
,knerica; and
An act t o increase the Corps of Artillery, and for other purposes.
311..Johnson of Arkansas, from the qpecial committee to whom was
ref erred
A rcsolution of inquiry as to the necessitr of increasing the clerical
force in the IYar Department,
reported and recommended th e assage of
A bill t o :~niendan act entitleC P '.An act to create thc clerical force
of the S ~ era1
T
[Executive] Departments of' the Confederato States of
America, and for other purposes," appro\ ed March 7, 1861;
which !\a\ read first and second times, placed on the Calendar, :md
ordercd to he printed.
Xr. Shorter, by rinanimous consent, introduced the fcllowing r c w lution; which was read and agreed to, to wit:
Resolied, That t h e Secretary of t h e Congress he authorized to purchase
for the use of h k department, not to exceed in cost the siini of fifty dollar

A h . Gregg, from the Comniittec on Claims, to whom ~ v a sreferred

khe petition of W.S . Pass & Co., reported s m ~ back,
e
a.;l;ed to be discharged fr om its further considtlration, and that the petition lie on the
table; which wah agreed to.
Jlr. Gregg, from the samt committee, to whom was referred the
rneniorial of t he Branch San k of Virginia, a t Portsmouth, reported
s m i e back, asked to he discharged from its further consideration. and
that the ineiiiorial lie on the table; which was agreed to.
Mr. Gregg, from the same coinmittee, to whoin wab rcferred the
meniorial of ,John E. McWillianis, reported sanie back, with the
recommendation that it be postponed until the end of the \ \ : ~ r ;v-hich
~vaqagrred to.
Mr, Grcgg, from same committee, t o whom w\'ah referred the petition
of Caroline A. Il'illiamson, reported smic hack, nbked to bc diwharged
fro111 its further consideration, and that the petition lie on the table;
Tyhich was agreed to.
Mr. Grcyg, from the same committee, t o whom vas referred
12 re.;olution of inquiry as to the propriety of the paymrnt of certain ReT-olntion:tr\- claims.
reported mine h c k , asked to be discharged froni its further consideration. and thnt the resolution lie on tlic table; which was agreed to.
J1r. Merriniinpcr, from the <perid committee on thc remoral of the
seat of gorcrnmcnt, reportcd the following resolution: which was lead
and agreed to. to wit:
h'e~oltw7, That the coinillittee appointed to superintend the renio\al ol thc V d t Of
go\ crniiierit he authorized to lo(-atethe various bnreaui and officers in ~ ~ rooins
1
1
in the (.+overnineiit huiltlings as the cornmittee may deem proper.

Congre,ss then resumed the unfinished busincbh of yesterday: which

mts the coilsideration of the amendment of Xfr. T. It. 12. Cobb to the
amendment of A h . Walker to the first section of
A hill t o providc f or the confiscation and forfeiture of the estates,
property, etc.. of alien enemies.
Mr. Brooke moved t o postpone the further consideration of the bill
for the balance of the session.

The motion was not agreed lo.

Mr. Ochiltrce moved the xppointrnent of an :iclditional inember of
the Corninittee on P a y a n d Mileage.
The motion was agreed to.
Whereupon, the Chair appointed Nr. Jones of Alabama.
Mr. Chilton called for thc consideration of a hill on the C x l a n d ~
to authorize the Secretary of \F7ar to make a certain payment out
of the contingent fund of thc W a r Department.
The bill was taken up, engrossed, read third t h e , and lost.
On motion of Mr. Curry,
Congress then adjourned iint,il 3 0 oclock to-morrow morning.

TWENTY-NINTH I)AY-TZUIZSDAY,

AUGUST22, 1861.

OPEN sE:SsIopT.

rnct pursuant to adjournnient, and then resolved itself into

secret session.
SECREI SPXSION.

Congress bcing in secret session,

Mr. Chilton, from the Committee on Postal Affairs, reported and
recornmended the passage of
A bill to mthorize the Postmaster-General to contract for the carriago of the inails on CL ronte hereafter mentioned;
which w t ~ sread first and second times, engrossed, read third time, :~nd
passed.
JIr. Chilton, from the stme committee, to whom was referred the
nwniori:d of \-:trious routc :Lgents, reportrd smic back, u&ed to be
dirchnrgcd from its furtlicr considcr:Ltion, and that the same lie on the
tt1blc.
R3r. Chilton, from the sairtc cornmittee, to whom W : ~ Z rcfcrrcd thc
nioinorial of ccittliri citizens of Cohmbus, reported thc s:uii(>hacl\,
askcd to he cliwhxrgcd from its fnrthcr consideration, atid that it l)e YPfwrcd to the (hmmittcc on Chinicrcial Affairs; which \va> : ~ rced
g
to.
Mr. Cllilton, from the s:mc committcc, to ~r-liomW R Y rcferrccl a
coitirtiurii~atioi~
f roin thc lcgislaturc of Mississippi, rcportcd sariie lx~clc,
t~slcetlto I)o tlischargcd froin its further clonsidcratioti, and that the
rcsol~itioiilit. on the table.
Mr. 1)c Clouet, froin thc Coiiimittce on Xccounts, to s~--iioiii
was
rcdct.lctl llrc x c c o ~ u of
~ ( ~Whitc, Ifister cC; Co., of Xontgonicrr, Ma. ,
rcportcti h ~ i cI~icli,:islscd to I)e dihchargcd from it, fiirtlicr considcwl ion. ;~rd
that i t be refcrrcd to thc Coinmittec on ClAms; which
w:1s :Igrcc.d to.
Mr. J olrtison o f Ar1inns:~snio\-cd that the Secretary o f Clongrcss t)e
instxrwtcd to itlidraw from thc printer all tho bills of Congress not
printd 111)to 1%
in. to-moi*row.
Thc irtot ion W:IS :~grcedto.
Rlr. AIilcs nio\retl that Congress d o iiom procccd to the consider.rl t1011
of tltc bills oii tlic (blcndar, in their respective orchr; >Tliicli iuotioil
v~z1:. :igicrd to, tind tlic first bill having been t d w n up, w11ic.h was
A bill to establish R bure:tii of army intcllligencac,
On ~notioirof M r . Wxnl. the further consideratioil of the same mas
postpcnccl for the balance of the session.

.Lug. 22, I861.]

PRO\IPION AL CONCtRESS.

383

Xfr. JIilcs, from the Chninittee on M i i i t q - A f i h i r h , called for the

consideration of
rl. bill to cstablibh a uniforiii rule of naturalization f o persons
~
enlisted in the ariliictj of the Confedemte States of Ahnerica.
Tho first section of the same being tinder consider:ition,
X r . Oldham momd to aineiid the smie by inserting t h c following
w o ~ d safter the word States, to wit: provided there shall he no
of said State prohibiting thc silmc, and :Jso af.ter the word * oath
the words to support the constitution of said State.
Mr. Waiil, at the instance of the State of Texas, demanded that the
peas and nays of the whole body be recorded; which are as follo~m,
to wit:
Yea: Arliansas, Florida, South Grolina, Tennessee, a i d Texas. 5.
Kay : Alabama, Georgia, Louisianz, Mississippi, North Carolina, and
Virginia, 6.
Alabama-Say : Messrs. Walker, Smith, Chilton, and Jones.
Arkansas-Yea: Mcssrs. Johnson, Thomason, Garland, and Watkins.
Florida-Yea: Mi.. Morton.
Georgia-Yea: Mr. Forenian. Kay: Messrb. Howell Cobls, Crawford, \\ right, and T. 1%.R. Cobb.
Louisiarma Yen: 31eszx-s. Ierliins and M?vlurshall. Kay: Messrs. De
Clouet, Iicnncr. and SE-O\V.
Afissisd~qji-X~a~-:3 1 ~ , Ilarris and HarriNorth Carolin:L--Pea:
r. Smith. Nay:
s. Davis, A V C ~ Y ,
Venahle, Jlorchead, and Puryear.
Soiith Cnrolina-Yea: M~SSIR.
Iihett, Barnn-ell, Miles, and Boycc,.
ea: Mewrs. Currin, Caruthers, Atkinx, and Do Witt.
l e b ~ r sWaul,
.
(;egg,

and Oldham. Ka) : Xr. IIemp-

hill.
inia- Ycu : Meshrs. Scddoii. Ma$on, and Rrockeiihrough. Xay :
. W. B. Preston, Macfarlund. Ihcock, and Johnston.
So t h e aincndirient mas not agreed to.
Mr. McRae, from the Cornnuttee on Engrossment, reported a3 correctly cngroiscd and enrolled
An act making appropriations to carrj- into ettcct section 2 of an
act approi etl Mn- 21, 1861, entitled An act to define with n1orc
certainty the meaning of :in act entitled An act to fix the duticb on
articles t h ~ r c i i inamed, xpprovcd March 15, 1861.
Prc?:tml~lcand resolution5 concerning Brig. Gen. Ben. h5cCuliocli.
Mr. Jlahorl uiovcd to riincnd by inserting after the rvord shall the
following words, to \\ it:

thereby, and xhilst in such service, be under the protection of t h e Coilfederate States
a b frilly as if he were a citizen thereof, t h e rights of a citizen being to such extent
herelby conferred, and moreover shall

The nniendment was agreed to.

M i . . Chilton moved t o amend by adding at the end of the section t h e
following words. to wit:
b u t if the State in which t h c sitid applicant shall have resided next before his application shall afterwards become a member of this Confederacy, the citizenship of p a d
applicant C h d l remain ill said State a t hie election, notwithstanding proceedings
under thl3 a<t,

JOURNAL +OF THE

[.lop. 2%. lS61.

PROVISIONAL CONGRESS.

Ang. 22, 1861 ]

385

Congrcss took up for consideration the special order of the day;

which was :imcndmcnt of Mr. 1. R. R. Cobb to the amendment of
A h . I Y d k ~ rto the hill for tho forfeiture and confiscation of the
cst:ites, lxopcrtj, and efTects of alien cnemie.;.
Mr. Memmixiger inovcd t o lay thc bill on the table.
The niotioii prevailed.
Mr. Nalker introduced
A hill for the sequestration of the estates, property, and effects of
alien enemies, and f o r the indemnity of citizens of the Confederate
States, and persons aiding the same in the existing war with the
United States;
which was read the first and second times.
Congress proceeded to the consideration of the same, and the first
section thereof having been read as follows, viz:
SECTLOX
I. B e it therefore enacted by the Congress of the Confederate slates qf America,
That all and every the lands, tenements and hereditaments, goods and chattels,
rights and credits within these Confederate States, and erery right and interest
therein held, owned, possessed, or enjoyed by or for any alien enemy since t h e
tnenty-first day of May, eighteen hundred and sixty-one, be, and the same are
hereby, sequestrated by the Confederate States of America, and sliall be held for t h e
full indemnity of any true and loyal citizen or resident of these Confederate States,
or other pcrwn aiding said Confederatc States in thc prowcution of the present war
hctwwn Paid Confederate States and the Ihitetl S t a h of hnerica, and for which he
niny sufler any loss or injury untleu the a r t of thv CTnitetl States to ~ r h i c hthis act is
ret&~tory, or under any other act of thc United States, or of any State thereof,
autliorizing thc seizure, condenination, or confiscation of the property of citizens or
rrsidentr o f the Confederate fitate$, or other person aiding haid Confederate States; and
the s a i i i ~+halll)e&zed and diciposed of as provided for in this art: Provided, liozrezw,
1Tfic.nthc estate, lnoperty, or iiglito to be effeckd by this a r t were, or are, within some
State of this Confederacy, which has becoinc such since said twenty-first day of May,
tlieri this act shall operate iipon, and as to such estate, property, or rights, and all persons clainiing the bame from a n d after the day such State so became a memher of this
Confederacy, and not before: Im
tl j b t h ~ r ,That the provisions of the act shall
not extend t o the stocks or other public securities of the Confederate Government, or
of any of t h e States of this Confederacy, held or owned by any alien enemy, or t o any
debt, oMigation, or sum due from the Confederate Government, or any of t h e States,
to such alieneneiny: Andprooidednko, That theproykionsof thisact shallnotembrace
the property of citizens or residents of either of the States of I)elaivare, Maryland,
Kcntucky, or Missouri, or of the Districtof Columbia, or the Territoriesof New Mexico,
Arizona, or t h e Indian Territory south of Kansas, except such of said citizens or residents as shall commit actual hostilitiesagainst t h e Confederate States, or aid and abet
the United States in t h e existing war against the Confederate States.

Mr. Mscfarland moved to amend the same by striking out in the

fourth and fifth lines the words since the twenty-first day of May,
eighteen hundred and sixty-one.
Mr. Waul, at the instance of the State of Texas, demanded the yeas
and naps of the whole body be recorded thereon; which are as follows, viz:
Alabama-Kay : Messrs. Walker, Smith, Curry, Chilton, McRae,
Shorter, and Jones.
Arkansas-Kay : Mcssrs. Johnson, Thomason, Garland, and Watkins.
Florida-Nay : Messrs. Morton and Ward.
Georgia-Yea: Mr. Foreman. Nay: Messrs. Cramford and T. I1. R.
Cohb .
Louisiana-Yea:
Messrs. Yerkins, Conrad, and Sparrow. Nay:
Messrs. De Clouet and Kenner.
Mississippi-Nay : Messrs. Brooke, Orr, Barry, and Harrison.
Korth Carolina-Yea: Nessrs. Davis and Puryear. Nay: Messrs.
hverg and Morehead.
c

J-VOL

1-04-25

386

JOURNAL O F THE

falug. 22, 1861.

South Carolina--Nay : Messrs. Rhett, Barnwell, Chemut, Meinminger, Miles, and Boyce.
Tennessee-Yea: Mr. Jones. Nay: Messrs. Atkins, Currin, &ruthom, House, and De Witt.
Texas-Yea: Mr. Hemphill. Nay: Messrs. Reagan, Mraul, Grcgg,
and Oldham.
Virginia-Yea: Messrs. Maefarland, Rives, Scott, Brockenbrough,
Johnston, and Walter Preston. Nay: Messrs. Seddon, W. B. Preston,
Hunter, Bocock, and Mason.
Yea: Louisiana and Virginia.
Nay: Alabama, Arkansas, Florida, Georgia, Mississippi, South
Carolina, Tennessee, and Texas.
Divided: North Carolina.
So the motion t o amend was lost.
Mr. Mason moved to amend the section by adding the following to
the end of the same, viz:
And providfd furthcr, That when any citizen of the Confederate States having paid a
debt or acquired property prior to the passage of this act prohibited by t h e act
entitled An act to authorize certain debtors to pay the amount due by them into
tlie Treasury of the Confederate States, approved May tTventy-first, eighteen hundred and sixty-one, shall make oath in due form of law that he made mrh payment
in ignomncc of the prohibition aforesaid, then as to such payment this act shall be
inoperative.

Mr. Kenner moved to amend the amendment by atrikin out tlie

words prior to the assage of this act and insert in lieu t creof the
words previous to t e first day of July.:
The motion prevailed.
On motion of Mr. Walker, the amendment was further amended 1)y
striking out the mords of the rohibition aforesaid and inserting
in lieu thereof the words that t c, same was unlawful.
Upon agreeing to the amendment as amended, Mr. Mason demanded
that tho yeas and nays of the whole body be recorded thereon; which
are as follows, viz:
Alabama-Nay : Messrs. Walker, Curry, Chilton, McBae, Shorter,
and Jones.
Arkansas-Yea: Mossrs. Thomason and Watkins. Nay : Messrs.
Johnson and Garland.
Florida-Yea: Mr. Morton. Nay: Mr. Ward.
Georgia-Yea: Messrs. Foreman and T. R. It. Cobb. Nay: Mr.
Crawford.
Louisiana-Yea:
Messrs. Pcrkins, De Clouet, Conrad, Kenner,
and Sparrow.
Mississippi-Yea: Mesars. Brooke and Barry. Nay: Messrs. Orr
and Harrison.
North Carolina-Yea: Messrs. Davis, Smith, Morehcad, and Puryew. Nay: Mr. Avory.
South Carolina-Yea: Messrs. Rhett and Barnwell. Nay: Messrs.
Memminger, Miles, and Boyce.
Tennessee-Nay : Messrs. Atkins, Currin, Caruthers, De W itt,
Jones, and louse.
Texas- Yen: Messrs. Hemphill and Waul. Nay: Messrs. Reagan,
Gregg, and Oldhain.
Virginia-Yea: Messrs. Seddon, W. B. Preston, Hunter, Tyler,
Macfar*land,nocock, Rives, Scott, Mason, Brockenbrough, Johnston,
and Walter Preston,

Aug. 22, 1861.1

PROVISIONAL CONGRESS.

381

Yea: Georgia, Louisiana, Korth Carolina, arid Virginia, 4.

Kay: Alabama, South Carolinn, Tennessee, and Texas, 4.

Divided: Arkansas, Florida, and Mississippi, 3.
So the amendment as stmended was lost.
Mr. fIcmphill moved to arnend the section by inserting after the
n hundred mid sixty-one, in the fifth line, the words
hts due to a n alien enemy as may have been paid into
the treasury of any one of the Confederate States prior to the passage
of this law.
The motion prevailed.
MY.Xvery, by consent, moved. at the instance of the State of Sorth
Carolina, to reconsider the vote on the passage of t h e bill authorizing
the President to appoint supernumerary lieutenants, etc.
The motion was ordered t o lie on the table for the present.
The Congress resuined tho consideration of the first section of the
bill, the special order of the day.
Mr. Sparrow moved to amend the same by striking out i n the fifth
line the words twenty-first day of May and inserting the words
first day os J U ~ Y .
Mr. Walkt~rdrinanded the qnestion; which was seconded, and
Mr. Thom:Lhon, at the instance o f tlir Sttite of Arkansas, demanded
t,hat the J eas and nays of the entire body thereon should be Yecordrtl;
which arc 113 Sollo~w,viz:
A1abarn:t- hay: Mebsrs. \lrd1<~~r,
C ~ i r r y Chilton.
,
Xaltac, Shorter,
and JOIICS.
Arlcansas- Yea: 3lr. Thoinason. Kay: Mr. Garland.
Florida-Kay : A h . Morton.
Georgia-Yea: Messrs. Howell Cobb and T. K. R. Cobb. Nay:
Plfr. (:rnM~ford.
Louisiana--Yea: M rs. Perlrins, De Clouet, Conrad, Kenner, and
SparroTv.
Mississinui-Yea: Mcssrs. Broolre arid Harrison. Nay : Messrs.
Orr and nLarry.
North Carolina-Yea:
Messrs. Davis, Airery, Smith. Venable,
Morehead, and Puryear.
South Carolina--Yea: Messrs. Khett, Barnwell. Menimingcr, and
Miles.
Tennessee-Yea: Messrs. Currin, Jones, and ZIousc. Nay: Mesurs.
Atltins, Chnithers. and De IVitt.
Texas-Yea: 3Ir. Hemphill. S a y : Mcssrs. Reagan, Waul, Gregg,
and Oldham.
Virginia-Yea: Messrs. W. 13. Preston, Hunter, IIacfarlaiid, Bococli,
Rives, Scott, &son, Brockenhrough, and Walter Preston. Nay:
&Ir. Seddon.
Yea: Georgia, Louisiana, Berth Carolina, South Carolina, and Virginia, 5 .
E a r : Alabama, Florida, arid Texas, 3.
Divided: Arkansas, Rlissiesippi, and Tennessee, 3.
So the motion T V ~ Slost.
Mr. Shorter, from the Conimittee oii ICngrossment, reported as correctly engrossed and enrolled
An act to authorize the Postmaster-General to contract for the carriage of the mails on the route hereafter mentioned.

388

JOURNAL OF THE

[Aug. 22, 1861.

The first section as ainended reads as follows:

SECTLON
1. Be it thcrcfoore enacted by the Congress of the Con-fedrritle Stat
That all and every the lands, tenements and hereditaments, g o d s and c

and credits within these Confederate IStates, and every right R I I in

~
held, owned, possessed, or enjoyed by or for any alien enemy since t h
day of May, eighteen hundred and sixty-one, except such debts due to an alien
eneniy as may have been paid into the treasury of any one of the Confcderatc Skates
rior to the passage of this lam, be, and the same are hereby, scqncstrated b y the
Eonfederate States of America, and shall be held for the full indenirii ty of any t r w
and loyal citizen or resident of these Confederate States, or other person aiding caid
Confederate States in t h e prosecution of the present war betveen said Confederate
States and the United States of Anierica, and for which he :lap suffer any loss or
injury undcr the act of the United States to wliich this act 1s retaliatory, or tulder
any other act of the United States, or of any State thereof, authori7ing tlic. aciznre,
condemnation, or couliscation of the property of citizens or resident? of tht. Confederate States, or other person aiding said Confederate Statc>.s;and the sa111~shall hc
seized and disposed of as provided for in this act: Pyoritlecl, 7 m r e i er, l\hcn t h e estate,
property, or rights to bc effected by this act were, or are, x i t h i n some State of this
Confederacy, which has become such since said twenty-first day of slay, t h e n this
act shall olwratc iipon, and as to such estate, property, or rights, and all persons
claiming the ~aiiiefrom and after the day snrh State SO became x nienibcr of this
Collfederacv, and not before: Iwztded ,fiirf/i~r,That t h e provisions of the act shall
llot cxtendto the stocks or other public securities of the Confederate Government,
or of m y of the States of this Confederacy, held or owned by any alien enemy, or to
any debt, obligntion, or sum due from t h e Confederate Gorernment, or m y of the
States, to such alien eiieniy: ,!nil proviCIPd cilso, That the provisions of this act shall
not ellibrace the property of citizens or residents of either of t h e States 01 Ikla:care,
Maryland, Kentuc~ky,or IIissouri, or of the District of Colunibia, or the Territories
of Kew IIexico, Arizona, or the Indian Territory south of Kansas, exccpt such of
said ritizrm or residents as shall commit actual hostilities against thc Confecterato
States, or aid and abet t h e United States i n the existing war against the Coilfederate

States.

Tl;c second section having bccn rcud,

Mr. Conrad moved to anleiid by striking out the whole of said
section.
Mr. Foi-cninn niovcrl to amcnd the section by striking out nll after
the word aforc&d, in the sixt,h line.
Tlic anicndrncnt I
.lie question rcc
motion to strike o u t the wholo of the
section,
w i i , a t 11.10 iiisLuim of tho State of Ar.karwas, deinsnded
and nays of thc wholc body be recorded thcreon; which

Rlul):tl~i:~-Pi~y:Mcssrs. Wallier, Curry, Chilton, &Rae, Shorter,

mid .Jones.
Ariwis:is--Yc:i: M~lcssrs.Thoinason and Watkins. Nay : Xessrs.
JohI3nOt1 iLlld Cr:LlkLIld.

Floridii--Nay: Mr. Morton.

Chorgi:L-N:ty: Mcssrs. Howoll Cobh, Foreman, and Crtiwford.
Loirisiana-Yca: Massrs. Dc Clouet, Conrad, and Sparrow. Nay:
nlr . kr r k ins.
Mississippi-Nay : Messrs. Uroolie, O n , Barry, and Harrison.
North Curolina -Y va: Mcusrs. Dnvis, Xvcry, Smith, hlorehead, and
Purycai. h y : Mr. VcnnhIe.
South Carolin:i--Yca: 3Icssrs. Rhett, Barnwell, and Milcs. Nay:
a: Messrs. htkins, Caruthcrs, Do Witt, Jones, and
Thortiiis. Nay: Messrs. Currin atid Ifouse.
Texas -YCLL: Mr. Hciuphill. Bay: Messrs. Reagan, Waul, and
Gregg.

389

PROVISIONAL CONCJRESS.

Aug. 22, 1861 J

Virgi r: i:i--Yw : ?rl

Kii ~ 5 Scott.
.
li:i-oii,

rs. Jlr. 13. &ston. Hunter, ;Ilacfai.laud, BocoCk:,

oclwnhrough, :tnd Walter Preston. Say: Mr.

seddvil.

Yea: Loiii\i:in:i, Sorth Caruliria, South Carolina, Tennessee, and

Virginia, 5.
Kay: hlaharriu, Florida, Georgia, l\ilissibsippi, and Texas, 5.
L)ii idcd: Llrlcmsas, 1.
The iiiotion \tab lost.
The section as amendcd reads as follows, viz:
ii. and shall h ~ the
, duty of each a i d every
c Confcderato Statcs speedily to give iiltoriiiation to the officeis charged
ition ot tliis lam, o f any and e l er>-land\, tencnientv and hcieditanienta,
good9 : x i i d c.l-intic~l~,i iphts ant1 credi
thin this Confcttc.racy, and of CI ery right
arid inter& tliereni lIc.l(l, om ned, pos
(1, or enjoj ed by or for any alien ciiemy as
t.fuu?./hrre m c h 4 , etc., That it

aforesaid.

Section 3 of the bill having been read,

MY.Scddon inored to amend the same by striking out in the eighth
and i i i n t h lines the words coniply with the requirements of this section oE this ~ t c t and inserting in lieu thereof the words give such
information and render such account.!
The motion prevailed.
Mr. Xorehctld moved to amencl thc section by striking out :dl of
thc s m i ~:ifter the -\vordi: rcportd and turiicd OVCY, i n tlic ciglitli
line.
311~.
~ ~ T ~ moved
~ l k c to
r aiiieiid the part of the scctioii proposed to
stricken oiit h y striking out thr m o ~ c
l ~for each off
intlictrnc~ntmd ptinishmcnt :is provided in the sew
WL and inserting in lieu thereof tlic words
!)e guilty c i f :i Iiigh ~nistleineanor,and upon iiitl~ctnientand coiwiction, sliall be filled
111 it simi not c ~ ~ c . i ~ ~ five
l i r i gthouwid dollai s, and imprisoiicxl not longer than six
iiioiittis, Paitl fine ant1 imprisonineat to be determined by the roiii t ti ying the cne.

Nr. Tleinphill iiiorcd to aiiicnd the amendriient, by st~*ilting

out tlic
word court :ind inserting tlie word jnry.
The niotion was lost.
The nmcnrlnicnt proposed b r Mr. IYalker i n 1 4 then agreed to.
The section :is anicndcd reac s sts follows, viz:

chattels, ~ i g l i t s01 crctli

s p ( d i l y to inforill tlic i
aiid to rrntlcr :in ~ ~ Y Y X I I

to his coiitrol].

Nr. Miles mo\nd that when Congress adjourns it take

IL

~*ecess
until

8 ovlock p. in.

The inotion was ngrced to.

Mr. Mason presented
A hill to prohibit the export by sea of aiiy article beinp the prodlice of the Confederate States, during the period therein mentioned;

390

JOURNAL O F THE

22, 1861.

which was read first and second times, placed on the Calendar, and
ordered to be printed.
Mr. Conrad presented
A bill to be entitled An act to authorize the construction of certain
gunboats; )
which wati placed 011 the Calendar.
Mr. Barnmell introduced
A bill to be entitled An act to authorize the issue of inscribed
stock in the stend of coupon bonds;
which was read first and second times, placed on the Cnlendar, and
ordered t o be printed.
Mr. Josselyn, Private Secretary of the Yresident, informcd the
Congress that the President has this dag approved and sigricd
An act inaking appropriations to carry into effect section 2 of an act
approved May 21, 1861, entitled An act to define with more certainty
the meaning of an act entitled An act to fix thc duties on articles therein
named, )approved March 15, 1881;
An act to authorize the Postmaster-General to contract for the carriage of the inails on the route hereafter mentioned; and
All act to establish a uiiiforni rule of naturalization for pcrsons
enlisted i n the armies of the Confederatc Statcv of America.
The Chair presented a communication from t h e President, transmitting to Congress tho estimates of the Postmaster-General of
$6Ok~,OOO for the postal service; which was read and referred to the
Committee on Postal Affairs.
The Chair presented n message from the President, transmitting to
Cougrcss the estimates of the Secretary of War for the purchase of a
stc:~nierto trwsport troops, in the sum of one million of dollars;
wt1it.h was read and rcfc,rred to Corninittee on Military Affairs.
Ilic Chair prct,ented u niessage from the President, returning to
C0nglA hill to authorize the appointrncnt of an tdditional assistant surgoon to each rcginicnt of the Army of the Confederate States of
hnicrica,
with his objections t o the s:mie; which i N as follovh:
To the (ongr~ss.
~BNTLMMEPI:J have list1 nntler cmsitleration the hill entitled An act to authorize
the appointnrenl of :tii additional wsistixnt surgeon to each regiment in the A r m y of
tlic C!orihlcwte Staler, :inti frt.1 KI wcll conuinced that the expenditure which it
requires is iinn(wss:wy, :nirl that I h r . iiieans can ill he spared in the present condition of tlic Treasury, that I :mi reliictantly coinpellet1 to return i t for your reconsid-

eration.

Yt.t tlic :wt now prescntcd leaves nie no discretion to limit the niirnhcr o f the
atltlitiorial a&tant snrgeons to be appointed. It orders an additional officer to the
nwtli(a1 ntalf oi WCIL rt>giiiwit, wliether n-antctt or not, aiid thus requires an d d i lioiiul nriiiual cxprntliturc of 8732,000.
1 anl a m r e that therc have b ~ e nc a i i , of
~ rompldnt in relation to neglect of o w
si(k iind woiinded soldiers; but this, it is tlrlieved, arises not FO much from a n insufLiciency i n tlic number of the purgeoiis and assistant surgeons, as from inattention or
wiinl of qnnliliration, cuid 1am endeavoring t o apply the proper remedy by organizillg :I h r t l of csnuiiriers, $0 it: to ascertain Tvho are the officers really to blame and

Aug. 22, 1861.1

PROVISIONAL CONGRE8S.

391

replace tliern by others more competent and eEcient. I feel confident that by this
coiir.qe aniple medical assistance would be secured for the troops without further
expenditure. The surgeons and assistant surgeons heretofore appointed have, in
most instances, reeeived their commissions in consequence of the recommendations
of t h e officers of the regiments to which they are attached. This was almost the
only means of making selections in the sudden eniergencies of the war, and experience has suggepted that many of the oficers so appointed are unequal to the duties
of their stations.
For these reasons I hope that when you take the subject into reconsideration YOU
will be able to concur with me i n the opinion that this additional expenditure can
be avoided, and that there is no iiecessity for the passage of the bill.

Con less procccded to reconsider the same; and, pending the question w ether the bill should pass notwithstanding the objections,
Congress, on motion of Mr. Bocock, took a recess un ti1 8 o'clock p. M.

%'

EVENING

'

SESSION-^ O'CLOCK P. M.

Congress met pursuant to adjournment and resumed the consideration of the unfinished business of the morning session; which was the
consideration of the question whether the Fill authorizing the appointment of an additional assistant surgeon to each regiment in the Army
of the Confederntc States of America should pass notwithstanding the
objections of the Resident.
MI-. Haxison called the question; which was seconded, and, at the
instance of the State of Xssiuhippi, demanded that the yeas and nays
of thc mholt body should be recorded; which are as folloms, to wit:
Yeit: North Oarolina, 1.
Xay : Alahama, Arkansas, Florida, Louisiana, Mississippi, South
Carolina, Tennessee, Texas, and Virginia, 9.
Divided: Georgia, 1.
Alabama-Naj-: Messrs. Walker, Chilton, Shorter, and Jones.
Arkansas--Naj : &f cssrs. Thomason and Watl-iins.
Florida--Say : Bir. Morton.
Georgia-Yea: 31r. Foreman. ISay : Nr. Crawford.
Louiiiana-Nay : Messrs. De Cloiiet and Kenner.
Alississippi--Nay: Messrs. Brooke, Orr, Barry, and Harrison.
Korth Carolina-Yea: Messrs. Davis, Smith, and Puryear.
South Carolina-Yea: Mr. Rhett. Nay: Messrs. Barnwell, Memminmr, Miles, and Uoyce.
'pennessee-NaJ-: Messrs. Atkins, Currin, Caruthers, De Witt,
House, and Thomas.
Texas--Yea: 3f r. Gregg. Kay: Messrs. Reagan, Hemphill, and
Wa1d.
Virginia-Nay : M e w s . Seddon, W. B. Preston, Hunter, Macfarland, Scott, and Johnston.
The motion was lost; so the bill mas lost.
The Chair presented a communication from the President, recomniending the appointment of a superintendent of public buildings;
which was read and referred to the Committee on Finance.
l'lic Chair presented a communication from the President relative to
thc trcattnent of prisoners taken by the enemy; which was read and,
together with the accompanying {docurnentl, was laid on the table.
Mr. Rhett offered the following resolution; which was agreed to, viz:
Itesolaed, That the President be requested, if in his opinion not incompatible with
the public interests, to conilnunicate to Congress the letter from General Bonhsm,
dated the twenty-sixth, reporting the hanging of two sentinels of the South Carolina

392

JOUBNAL OF THE

[bug. 22,1861.

troops who were captured o n t h e seventeenth July by t h e enemy, near Centrevilk,

and also any information h e may possess relative to the facts asserted therein.

The Chair presented a comniunication from the President, tuansmitting to Con ress the estimates of the Postmaster-General for a law
clerk in t h e %epartrnent of Justice; which was road and referred to
the Committee on Finance.
The Congress resumed the consideration of the .unfinished business
of the day; which was the consideration of the blll for sequestration
of the estates, etc,, of alien enemies, etc.
The fifth section having been read,
Mr. Walker moved to amend the same by inserting after the word
trust, in the ninth line, the words:
And should the duties of any such receiver, a t any time, appear to the judge to be
greater than can be efficiently performed by him, then it shall be the ituty of the
judge to divide the district o r section into onc or inore other receivers districts, according to the necessities of t h e case, and to appoint a receiver for each of said newly
created districts.

The motion prevailed.

The section as amended rends as follows, yiz:
Be i t further enacted, That each judge of this Confederacy shall, as early as practicable, appoint a receiver for each section of t h e State for whirh h e holds a court,
and shall require him, before entering upon t h e duties of his ofEcc, to give a boiitl in
such penalty as ~riaybe prescribed by t h e judge, with good and sufficient security,
to be approved by the judge, conditioned that he will diligently and faithfully discharge t h e duties imposed upon him by law. A d said officer shall hold hi8 ofice
at t h e pleasure of the judge of the district or section for which h e i8 appoiiitcd, and
shall be removed for inconipetency, or inefficiency, or infidelity in the discharge uf hi?
trust. And should the duties of any such receiver, at any time, appear to the judycs
to be greater than can be efficiently performed by him, then i t shall be the dnty
of the judge to divide the district or section into one or more other receivers district-,
according to the necessities of the ease, and to appoint a receiwr for each of said
newly created districts. A n d every s u ~ hreceiver shall also, before cntering upon
the duties of his office, make oath in writing before the judge of the district or section for which he is appointed, diligently, well, and truly to execute the dcties of
his office.

The sixth section having been read,

Mr. Seddon moved to auiend the same by inserting after the words
Confederate States, in the sixth line, the words:
allowing, in the recovery of credits, such delays a8 m8y have been, or may be, prescribed in any State as to the collection of debts therein during the war.

The motion prevailed.

Mr. Davis of North Carolina moved to amend the amendment by
striking out the same and inserting in lieu thereof the following, viz:
Frowitdcd, rliat when judgrncnt shall be rendered sequestratmg any debts due and
owing from citizcns of the Confederate States to any alien enemies, the same shall
not be enforcrd hy cxwutioii until twelve months after the rntificatioll of pea( e
between the Confederate Rtaterc and the United States. &t such judgments shnll
draw interest until ctollected and prescription shall not run during the war or for
twelve nronths thermfter.

Mr. Walker dematided the question; which was seconded; and the
vote thereon having been taken by States, resulted as follows:
Yea: Florida, Louisiana, Mississippi, North Carolina, and Virginia.
Nay: Alabama, Arkansas, Georgia, South Carolina, Tennessee, and
Texas.

The amendment was rejected.

The amendment of Mr. Seddon was agreed to.

b u g . 22, lX61.1

PRO VISIONAL CONGRESS.

393

Xr. Renner moved to amend the section by adding to the end thereof
the following words:
t_

Pralirled, That in any r a w when the Confcderate judge shall find it to be consistent
with t h e safe-keeping ot the propertr so sequertmd, to leave t h e same in the hands and
under the control of a n v agent or debtor h o niay be in pocseseion of the said property o r credits, h e shall order t h e same to reinain i n the hands and under the control
of said agentr o r debtor, requiring in every Such case such security for the safekeeping of the property a n d credits as he may deem sufficient for t h e purpose aforesaid, and to ahitle by swli further orders as the court may make in the premises.

Nr. Walker rnovcd t o amend thc miiendment by striking out the

sanic and inserting in lieu thereof the following words, viz:
Pro1 itled, That n hen the property so Pequestratetl shall consist of land or negroes
eiigqed i n the cultivation thereof and the personal property attached thereto, t h e
Confederate jnt3ge s i i ~ ldcmn
l
it etrnkistmt with the safe-keeping of said property, to
leave the smie i n the hands and under t h e control of any agent or trustee appointed
before t h e passage of this act, he may order t h e satne in t h e hands and under the
control of said agent or trustee, requiring in every such case good and sufficient
security for the bafe-keeping of such property.

Xr. Meinminger demanded the question; which was seconded, and

the amenciinent was lost.
The question rrcnrring on t hc ainendment of Mr. Kenner,
Jlr. fc3rltiris movvd to aincnd thc mine by striking out the word
< L a p i t ; which wtis agreed to.
Mr. H p r r ~ 1)1 1~0 \ - 1 ~to
~ :inicnd the h:me by inserting after the word
Y P ~
it occurs in the amendnieiit, the words o r person in whose haid.: t h e rcnl wtat(1 :)lid qlavcq seized.
111.. \Valkcr doiiiundcd thc question; which was seconded, and the
111oLi U I I picvailcd.
Nr. Chilton i!iovrd t o reconsider the vote by which the amendment
as anicnded TI a i adopted.
M r . Ycrl<iiisdeiiistnded the question; which mas seconded, and
311.. Chilton, tit thc instance of thc State of Alabama, demanded that
the yeas mid nays of the whole be recorded th9reon; which are as
follows, viz:
Alabama-Yea: Messrs. Walker, Smith, Chilton, McRae, and Jones.
Arkansas--Yea: Messrs. Garland and Watkins. Nay: Mr. Thomason.
Florida-Yay : Mr. Morton.
Georgia-Yea: Messrs. Foreman and Crawford.
Louisiana--Say : Messrs. Perkins, De Clouet, Conrad, Kenner, and
sparrow.
jMibsissippi-Yea: Messrs. Barry and Harrison. Nay: Messrs.
13rookc 2nd Orr.
North Carolina- Tea: Nr. Morehead. Nay: Messrs. Davis, Avery,
Smith, Venahle, and Puryear.
Sonth Carolina-Yea: Messrs. Rhett, Memminger, and Miles. Nay:
Mr. I3oycc.
Tennessee-Yea: Alr. Currin. Nay: Messrs. Atlcins, Caruthers,
Dc Witt, ,Tones, House, and Thomas.
3Ir. Reagan. Nay: Messrs. Hemphill, Waul, and
Texas-Yea:
G regg.
Virginia-Nay : Messrs. Seddon, Macfarland, Bocock, Rives, Scott,
Brockenbrough, and Johnston.
Yea: Alabama, Arkansas, Georgia, and South Carolina, 4.

394

JOURNAL O F THX

[ A m . 2'3,1561.

Nay : Florida, Louisiana, North Carolina, Tennessee, Texas, and

Virginia, 6.
Divided: Mississippi, 1.
So the motion to reconsider was lost.
On motion of Mr. Walker,
Congress adjourned until 10 o'clock to-morrow morning.
EXECUTIVE SESSION.

Congress being in executive session,

e on Naval Affairs, to whom was
referred the communication of the President transmitting the nomination of George S.Shryoclr, of I<cntucky, to be a lieuteriant in the
Navy of the Confedcrate States, reported the same back and recommended that Congress advise and conseiit thereto.
The report was agreed to, and Congress advised and consented to the
nomination.
The Chair resented a coinmunication f roni the f'resident, transmitting, for t e advice and consent of Congress, the nomination of
William B. Howell, of Louisiana, to be Navy agent at New Orleans,
La.; which was referred to the Committee on Naval Affairs.
The Chair also presented a communication from the President,
transmitting, for the advice and consent of Congress, the nomination
of Henry U. Tyler, jr., of tho District of Columbia, late a first lientenant in the Marine Corps of the Unitcd States, to be a first lieutcnant in the Marine C"orpsof the Confederate States; which was referred
to the Comtnitteo on Naval Affairs.
The Chair also presented B communication froin the President,
transmitting, for tht: advice arid consent of Congress, the non~intltion
of Robert J. Proernan, of Virginia, late an assistant surgeon i n the
Navy of the United States, to br an assistant surgeon in the Navy of
the Confederate Stntocs; which was referred to the Committee on Naval
AfFairs.
The Chair :duo presented :L coiumunication from the Presidcnt,
transmitting, for the advice and consent of Conprew, the nomination
of Heniy ti'. Hancock, to bo collector of the port of Washington,
N. ; which was referred to tho Clonnriitlce oil Nttvttl Affairs.
Congress resolvcd itself i n legislative session.

Mr. Conrad, froin the ( h i m i

c.

'l'llHT~I~l'HI)AY--lWIUAY, A X J G ~ S23,
T 1861.
Ol'l",N SI',SS:TOX.

(longrcss nict pimaant to ttdjouriiinent, and was opened with prayer

by the Rev. Dr. 131rr.ro-ws.
Congress then resolred itself into secret session.
S1'% '1U4'F sIZssxON

Congress being i n srcvet mssioii,

Mr. Chilton, from thc Coininittee on Postal Affairs, reported
A bill to be entitled " A n act ~naking~urther.appropriationsfor the
service of the Post-Office Jlcpartnirnt during the year ending the
eiditecnth February , eighteen hundred and sixty-two;"
w k c h was ieitd firs&and second tinics, engrossed, read third time, and
passed.

Aug. 25, IS6l.j

396

PROTISIONAL GONGRESS.

Xr. Orr offered the following preamble and resolution; which was
read and agreed to, to wit:
Whereas it i. kno\\ n that t h e officers and cren s of the Confederate States privateers Sunitbr and Ietiel, and other prirateersriien captured by the authorities of the
United States, have been placed i n irons, incarcerated in durigeom, arid otheraiise
treated as pirates instead of prisoners of T\ ar; and
Whereas there are riot a n equal riuniber ol primneib taken a t sea in the possession
of the Confederate States on \Ihoni to inflict a jnkt and equal retaliation. Therefore,
Reaolced, That the Coninlittee o n Military Affairs be imtructed to inquire into the
expediency of Pelecting lroiii the prisoners of war in the possession of the Confederate States a d i i c i e r i t number 011 hoin t o inflict retaliation for the outrages upon
the officers a i d crttv, s of t h e privateers or national ships of the Confederate States
captured by the enemy.

MY.Sparrow offered t h c following resolution, to wit:

Resolved, That Chiiyr
to meet again on the th
by the President.

adjonrn on \Tetlnexlay next, the t w eiity-eighth instant,

Monday in Svvainber next unless sooner called together

Mr. Jones called the question; which mas seconded, and

Mr, Venable, at the iiistance of the State of Xorth Carolina,
demanded that the yeas atid n a j \ of the whole body be recorded;
which are as follows, to wit:
Yea: Florida, Louisiana, l!h ippi, South Carolina, Texas, and
Virginia, 6.
Bay: Al~l)itina,
.~rknn
Gcoi*gin,Sortli Carolina, ttnd Tennessee, 6.
Alabama--ieti: Mr. J
ac. h:i) : Messrb. Walker, Smith, Chilton,
and Jones.
Arkansas-Kay : 3 i e w x . Thonia~on,Garland, and Watkiris.
Florida -Yen: Mr. Morton.
Georgia-Yea: Mr.Wright. Say: Alessrr. Howell Cobb, Foreman,
Cramford, arid I. 12. H. Cobb.
Louisiana--Yea: Alessrs. Pcrkins, De Clouet, Ke~iner,Sparrow,
and Marshall.
Mississippi-Yea: MCSSYR.Broolte, Barry, and Ihrrison. Nay:
Messrs. Harris arid 01-1..
North Carolina --Yea: Mr. Vt1i:lhlc. Xay : Messrs. Davis, Avery,
Smith, Morehcxd, and Euryear.
Soutli Carolina-Yea:
Messrs. Khett. Miles, and Royce. Nay:
Messrs. Barnwell arid Chesnut.
Tennessee--Yea: ,Ilt.ssrs. htkiris arid Jones. Nay: Messrs. Currin,
Caruthera, Ilc \Vitt, EIouse, arid lhomas.
Texas -Yea: MesSis. Rcagnn, Heniphill, a i d Vaul.
Virginia Yea: Messrs. Scddon, JV. 13. Preston, Macfarland, Scott,
Mason, Biwkenbrough, and Johnston.
Mr. Orr ruovc.d to take up a resolution on the Calendar, offered by
Mr. Sparrow; which was agreed to, and
Congress proceeded to consider the resolution: which is as follows,
to wit:
I2(.solwtl, That a committee coinpowi of one Eroiii each
D?legateQ therefroin, be appointed
iriissary. Qaarterniaster, ant1 3Ircji
necessary i n the laitq arid r e p l a t i
committee have leave to sit during

Htatr, to be sclc~t d by the

tlininistration of the Coina h a t changes, if aiiy, are
cpartiiirnta, aiid that said

Mr. Avery moved to amend by striking out the words and said
committee have leave to sit during the recess of Congress.
The hour of 12 m. having arrived, Congress proceeded to consider
the special order of the day; which was the consideration of the appropriation bills on the Calendar.

[Allg. 23, 1861.

the first hill having been taken up, which was

A bill liiaking appropriations for tho ovpenses of Government in the
legislative, executire, and judicial departments for the year ending
18th February, 1862,
And the first section of the same being under consideration,
Mr. Barnwell, from the Committee on Finance, moved to anlend
by adding thereto the following words, to wit: For salary of the
law clerk of the Department of Justice, eight hundred a d seventyfive dollars.
The amendment wns agreed to, and the bill was engrossed, rmd
third time, and passed as amended.
A message was received from thc Yresidciit by the hands of his
Private Secretary, Mr. Josselyn, informing Congress that the iresident on yesterday approved and signed
Preamble and resolutions concerning Brig. Gen. Ben. AfcCnlloch.
Thc next bill having been taken up, which was
A bill making additional appropriations for the Navy of the Confederate States for the year ending Februery 18, 1863,
Mr. Barnwell, from the Corninittee on Finance, moved the follo-~-ing amendments, viz: For floating tlcfcnscs for SAW
Orlenns, Louisiana, eight hundred thousaid dollms, arid To con4ruct hubmarine
batteries for the destruction of vcssels, fifty thonsand dollars;
which were agreed to.
MY. Conrad riiovcd to amend by adding as follows, to wit:
To contrtrurt ccntrifugal gnn, thc invention of Charles S.Diekineon, snt)jec*tto the
conditions of the acst passed for that pnrpose, five thousand dollars.

which was agreed to.

And also by adding thc, allowing, to wit:
For expenditures i n the ordnanw department of the iinvy-yard at Norfolk, for thc
year eniliiig eigtitcwitli IWrumy, eighteen Iiuiidred wid sixty-two, one hriiidrcd and
fifteen t housaiid and fifty-one dolbrs.

rho arnendnient was itgreed to.

Mr. Currin inovcd to atncnd by adding

ah

follows, to wit:

For t h e construction, cquipnient, and armament of two iron-clad gnaboats, for the
defense of thc MisHissippi Riwr and t h e city of Mrmphis, one hundred and sixty
thousand dollars.

The nrncndincnt was agreed to.

The bill as arnendcd W:W engrossed, read thc third time, and passed.
The following bill was kilten up, viz:
A bill rnnlring nppropriations to carry into effect an act to authorize
the issLic of lwtisury notes, and to provide :I war tax for their 1~~l(:mption, arid for othei- purposes;
[which was] engrossed, rcad a third time, and passed.
The following bill ~vaqtaken 1111, viz:
To authorize the issue of insci*ibed stock in tho stead of coupon
bonds;
which was engrossed, read a third time, and passed.
The following bill was taken up, viz:
A bill relntivc to the entry :ind discharge of vessels;
which was engrossed, read a third time, rind passed.
The following bill WAS taken up, viz:
To repeal the fourth and fifth sections of an act to regulate foreign
coins i n tho Confederate States, approved March 16 [MI, 1861.

.lug 23, 3\61

PROVISIONAL CONGRESS.

397

ion of the bill ha\~ingbeen read, as follows, viz:

2. That tll? follo\\lng *11\t>r (
shall pass current as money ~ i t l i i i the
i
Coiifedtbratc State< of h 1 i ( I 1 ~ 2 1 , and be
ix c ~ in
l payment for all debts and demands
a t thc following rates. that is to say: rlie Auiwican dollar, four huntired and t\relve
aiid oue-li:df grains, and t h e dollar of Mexico, of not lws than eight huiidred and
niiiety-w\ en thoueantlths i n fineness, and four hundred and fifteen grains in weight,
ilia11 be cleenicd. eqnnl to OUP dollar and f i e~ cents The f i e-franc
~
piece, if not less
t h a n nine h u n d r d tl;oucantith~in fineness, and three hundred and eighty-four
grain< it1 \\eight, .hall be dceiiicd equal to ninety-six cents.
SIX.

On inotioii of Nr. Barnwell, the hill was amended by striking out

thc xholc of said sxtion.
On motion of hIr. 3Icl<ac,the first section was then amended where
occur tlic words . fourth and fifth scctions, by striking out the words
and fifth and niniting tho w o ~ dsections* yead -se~tioii.
The bill wis engrossed a\ auiended, read the third time, and passed.
On motion of N r . JicBac, the title was amended so as to read as follows, viz:
A bill to repeal the fourth section of an act to regulate foreign coins
in the Confederate States. approved March 16 [14], 1861.
The following bill was taken up, to wit:
To establish assay offices at Charlotte and Ihhlonega.
The fourth scction of the hill being under consideration, limiting
the d a r y of the a h s a ~(I to $2,000 over arid abo\ c a11 exyenses,
On iiiotiori of 31r. Chilton, thc same wa.: :mended by striking out
the wordy over and :tbo\-e all cspcnsch.
Jlr. Clonrt~clnior-ed to postpone the regu1:ir order of the day, which
was the unfinished business of ycstertlay
A bill heqnestrating the eshtttes, property, arid effects of alien
enemies, etc.,
111order to take up
A bill to authorize the impressment of property i n certain cases.
Mr. Orr called for a diric,ion of the question.
Mr. Waul demanded the question: which was seconded; and the vote
being taken on the first proposition, viz, to postpone the considoration
of t h e unfinished basine-3 o f yesterday,
The same as rcjectcd.
Mr. Joli~isoriof Arkansas nioved to postpone the regular order of
the day until ncxt Deceiiiber, and demanded the question; which was
seconded, and
Mr. Secldon. a t tlic iiihtance o f the State of Virginia, demanded the
yeas and i i a p of the nholc body to bc recorded thereon; which are as
follows, viz:
Alabama-Yea: Nr. Smith. Nay: Messrs. Walker, Curry, Chilton,
RlcIlaP, Shorter, and Jones.
ArBaribxs-Yea: Messrs. Johnson, Thomason, and Garland.
Florida-Say : Mr. Morton.
(;eorgist-Say:
Messrs. Howell Cobb, Forenian, Crawford, Wright,
and l. X. K. Cobb.
Loui&~na--?;ay: AIcssrs. Perkins, De Clouet, Conrad, Kenner, and
illnrshnll.
Rilississippi-Yea: Messrs. Warrib, Brooke, and Orr. Nay: Mcssrs.
Barry and Harrison.
North Carolina-Yea: 31r. Purvear. Nay : Messrs. Davis, Avery,
and Morehead.
South Carolina-Xay : Messrs. Rhett, Barnwell, Chesnut, Miles, and
Boyce.

39 8

JOURNAL OF THE

[ h w .23, 1861.

Tennessee-Yea: Messrs. Currin, Jones, ITo~lsc,and Thomas. Nay:

Messrs. Atkins, Caruthcrs, and Do l\itt.
Texas-Nay: Messrs. Beaptn, Hcinphill, JTaul, and Oldharu.
Vir inia-Yea: Alessrs. Tyler, Macfwland, Eivcs, and ?Johnston.
Nay: Gessrs. Seddon, W. 13, Preston, Scott, Mason, Brockenbrough,
and Walter Preston.
Yea: Arkansas, Mississippi, and Tennessee, 3 .
Kay: ,klabama, Florida, Georgia, Louisiana, Worth Carolina, South
Carolina, Texas, and Virginia, 8.
So the motion was not agreed to.
Mr. Shorter, from the Corninittee on Engrossment, reported as correctly engrossed and enrolled
An act niaBing appropriations f o r tlie cxperises of Goverrlrnent in
the legislative, executive, and judicial departments for the year ending 18th of February, 1862; and
i i n act making appropriations to carry into effect an act to authorize the issue of Treasury notes, and to provide a war tax for their
redemption, and for other purposes.
Congress proceeded to the consideration of the unfinished business
of yesterday; which was the consideration of the sixth section of the
bill to sec uestrate the estates, property, and effects of alien enemies, etu.
Mr. d a l k e r moved further to amend the same by adding t o the end
thereof the following, to wit:
But this proviso shall not apply to bank or other corporation stock, or dividonds clllc,
or which may become due thereon, or to rents on real estate in cities. And n o debtor
or other person shall Iw entitled to tho beriefit of this proviso unless he has first paid
into the h ~ n d of
s the r ivw all interest or net profits which may have accrued since
ghteeu hnntlretl and qiuty-one; and, in all cases coining
lebtor shall lie b o u n d to pay over annually to t h e receiver
all interest I\ lrich niay w c r w a4 the sainc falls dire; and the persnn i n whose hands
any other propczrty niay I E left shall be Ilound to account for, and pay over annually
to the roceivcr, t h e net income or profits o f said property, s ~ i don failure of such
debtor or otlicr p e r m i to pay o w r said interest, iiet income, or profits, as tlie ~aiiie
falls due, the rcccivrr ni:~ytlcriiaiid and recover the debt or property. Aiid wherever, after tcn days notiw to any debtor or person in whose hands property or debts
may 1)c left, of an applic&oii for further security, it shall be made to appear to the
fixtisfaction of the court that. thc srcarities of such debtor or person are not ample,
tile court inay, on t h c failnrc of the party to give sufficient additional securities,
reriilcr judgi~icntagainst all the parties oil the bond for the recovery of the debt or
property.

Mr. Johnson of hrlrans:is deninndcd tha question; which was secotided, and, at tho instawe o f the State of Arkansas, the yeas and nays

of the whole hody were ordcrcd to be recorded thereon, and are as follows, viz:
A l a h n ~-: Yea:
~
Messrs. Ilralker, Smith, Curry, Chilton, McRae,
and Jones.
Arlcaiisas-Yee: Blessrs. Johnson and Thoinason. Nay : Messrs.
Garland and Watkins.
Florida ---Yc;L: M r. RIort011.
(faorgin -\7(lti: &ssrs. Forenmil and Crawford.
I ~ o u i s i m -Yen:
I\lll~ssru.lcrlrins, De Clouet, Kenner, and &lars)iall.
Nay: Messw. Conrad a i i d Sparrow.
Mississippi-Yen: Messrs. Ihrris, BrookC, Om, Barry, and
Harrison.
Worth Carolina-Yea: Mr. Smith. Nay: Messrs. Davis, Avery,
Vcnable, Morehead, and Puryear.
South Carolina-Yea: Messrs. Rhett, Barnwell, Chesnut, Memminger, Miles, and Boyce.

~ u g21,
. 1861 1

PROVISIONAL CONGRESS.

399

Leiinessec--Yea: h1essr.s. Atkitis, Curriri, Caruthers, De Witt,

IJOUW, W I O I ~ I ~ S .
les:is--Yca.: 3le$srs. 1ic:igan. fl(~inpliill,
Waul, Greg$, and Oldham.
Ti rgiiii:~ Yea: Mrssra. Seddoii, T\l.
13. lrcston, Jlacfarland, Kives,
Scott, M u i o n , Itrockenl)rough, and Xa1tr.r Preston.
Pea: Alabama. Florida, Georgia. Louisiana, Jlihsibsippi, South
Carolina, Tennessee, Texas, ar:d Virginia, 9.
Say: North Carolina, 1.
Divided: Arkansas, 1.
So the amendmcut was agreed to.
Mr. Bi\ es moved t o lay the bill on the table.
J3r. Orr called the qucstion.
JIr. Brockenhrough moved to rcconsicler the rote on the passage of
A hill to authorize t he Secretary of TVar to make a certain payment
out of the contingent fund.
P e n d i n g the corisidcration of the call f o r the question by Mr. Orr,
Congress, on motion of Mr. Curry,
Adjourned until 3 0 oclocli to-mowow morning.
r ,

t J ~ ~ ~ ~ b , :i~iCl

THIRTY-FIRST IIAT---SAII~Rl~AY,, ~ G G C S T 24, 1861.

0 IlCh-

sI~>ssIox.

Congrcss iiict purbuant, t o adjournnieirt, and was opened with prayer

by the Rev. Dfr. Bozeman.
Congress then resolved itself into i w r e t scssiori.
IsIXKET S#:sSION.

Congress being in secret

Mr. Johnson of h r k a n s a
W R read
~

d the following rcsolution; which

and agreed to, to wit:

R/wlved, That five hundred copies of the acts of thk, t

be published in pamphlet forin asearly as poLsible, to be
General among t h e public offiwrh and menibers of Cong

The Chair presented a coniinunication froiii the President, in reply

to a resolution of inquiry concerning the letter of General Gonhain, in
relation to the hanging of p:-isoners tnlten by the enemy; which was
read arid h i d on the tablc.
Congress then rcsiuiied the consideration of the unfinished business
of the morning hour; which w a 5 the consideration of the amendment
of Mr. A r e r y to the resolution of Jlr. Sparrow relative to the appointment of x coninlittee t o exainine into th e Commissary, Quartermaster,
and Jledical Departnicntq, etc.. thr ain~iidiiicnthring to strike out the
words aiid mid committee shall have l r a r t to sit during the recess of
Cung rebb.
Xr. Curry inored to refer the resolution and aniendment t o tlie
Committee on N i l i t a r ~Affairs. and called the question; which was
scconded.
Mr. Sparrow, at the instance of thc State of Louisiana, demanded
that tlie yeas and nays of the whole body be recorded; which are as
follows, to wit:
Alabama-Yea: Messrs. Walker, Smith, Curry, Chilton, &Rae,
and Shorter.

JOURNAL OF THE

[ih24,
'.1E61.

Arkansas-Yea: Jlr. Thomason. Xay: Messrs. tJohnson, Garland,

and Watliins.
Florida--Nay : Mr. Morton.
Georgia-Yea: Messrs. Howell Cobh, Forelnan, C1*ntmford, and
T. R. R. Cobh. Nay: Mr. Wright.
Louisiana-Yea: Mr. Perkins. Nay: Messrs. De Clouet, Sparrow,
and Marshall.
Mis&sippi--Yea: ;?ilessrs. Harris, Brooke, Barry, and Harrison.
Nay: Mr. Orr.
North Carolina-Yea: Messrs. Davis and Avery. Kay: Messrs.
Smith and Venable.
South Carolina-Yea: Messrs. Barnwell and Miles. Nay: Messrs.
Bhett and Boyce.
Tennessee-Yea: Messrs. htkins, Currin, Caruthers, De Witt,
and Thomas. Xay: Messrs. Jones arid House.
Texas-Yea: Messrs. Keagan, Hemphill, and Waul. Nay: Messrs.
Gregg and Oldham.
Virginia-Yea:
Messrs. Seddon, Macfarland, Rives, and Scott.
Nay: Blessrs. W. B. Preston, R O C O CBrockcnbrough,
~,
Johnston, and
Staples.
Yea: Alabzrma, Georgia, Mississippi, Tennessee, and Texas, 5.
Nay: Arkansas, Florida, Louisiann, and Virginia, 4.
Divided: North Carolina arid South Carolina, 2.
So the motion was not agrced to.
Mr. Avery called the qmstion, which was upon agreeing to his
ainendment, and the call being sustained, he demanded, a t the instance
of the Statc of North Carolina, that the yeas and nays of the whole
body he recorded; which are as follows, to wit:
Alabania-Yen: Mcssrs. Walker, Smith, Curry, Chilton, McRae,
and Shorter.
Arkansas-Yea: Mcssrs. Thoinason, Garland, and Watkins. Nay:
Mr. Johnson.
Florida-Nay: h3r. Morton.
Georgia-Yea: Mcssrs. Howell Cobb, Foreman, and Crawford.
Nay: Messrs. Wright and T. E. &. Cobb.
Louisiana-Yea:
Rlcssrs. Perkins, Kenner, and Marshall. Nay:
Mcasrs. Dc Clouet and Sparrow.
Mississippi-Yea: Messrs. Harris, Brooke, Barry, and Harrison.
Nay: Mr. Orr.
North Uirolina-Yea: Messrs. Davis, Avery, and Venable. Nay:
Mr. Smith.
South Carolina--Yea: Messrs. Barnwell, Miles, and Boyce. Nay:
Mr. Rhctt.
Tennessee-Yeu:
Blessrs. Atkins, Caruthers, De Witt, House,
and Thomas. Nay: Mr. Jones.
Texas--Yea: Messrs. Reagan and Gregg. Kay: Messrs. Heniphill,
Waul, and Oldham.
Virginia-Yea: Messrs. Bocock, Rives, and Mason. Nay : Messrs.
W. B. Preston, Macfarland, Rrockenbrough, Johnston, and Staples.
Yea: Alabama, Arlransas, Georgia, Louisiana, Mississippi, North
Carolina, South Carolina, and Tennessee, 8.
Nay: Florida, Texau, and Virginia, 3.
So the amendment was agreed to.
MY.Yerkins moved to amend by striking out the follotving words,
to vit: '' a committee composed of one from each State, to be selected

PROVISIONAL CONQRESS.

Aug. 24, 1861.1

401

by the Delegates therefrom, be appointed to ) and inserting in lieu

thereof the following words, to wit: t h e Military Committee.
Mr. Gregg nioved to amend by inserting between the words
examine and into the following words, to wit: during the
vacation between this and the next session of Congress. And by
adding at the end of the resolution the following words, to wit: b b and
that the committee report to the next session of Congress.
Mr. Harrison nioved to lay tbe resolution arid amendments on the
table, and called the question; which was seconded; when
M v . Orr, at the instance of the State of Mississippi, demanded that
the yeas and nays of the whole body be recorded; which are as follows, t o wit:
Alabama-Yea: Messrs. Smith, Curry, Chilton, McRae, Shorter,
and Jones.
Arkansas-Yea: Mr. Johnson. Nay: Messrs. Thomason and Garland.
Florida-Nay: Mr. Ward.
Georgia-Na : Messrs. Howell Cobb, Foreman, and T. R. R. Cobb.
Louisiana- ea: Mr. Xenner. Nay: Messrs. Perkins, De Clouet,
Conrad, Sparrow, and Marshall.
Mississippi-Yca: Messrs. Brooke, Barry, and Harrison. Nay:
Mr. Orr.
North Carolina-Yea: Mr. Avery. Nay: Messrs. Davis, Smith,
and Puryear.
South Carolina-Y ea: Messrs. Barnwell, Chesnut, M e m i n g e r , and
Miles. Nay: Mcssrs. Bhett and Boyce.
Tennessee-Nay : Messrs. Atkins, Currin, De Witt, Jones, and
Thomas.
Texas-Yea: Messrs. Reagan and Oldham. Nay: Messrs. Hemphill, Waul, and Gregg.
Virginia-Yea: Messrs. W. B. Preston, Rives, Scott, and Mason.
Nay : Messrs. Seddon, Tyler, Macfarland, Bocock, Brockenbrough,
Johnston, Staples, and Walter Preston.
Yea: Alabama, Mississippi, and South Carolina, 3.
Nay: Arkansas, Florida, Georgia, Louisiana, North Carolina,
Tennessee, Texas, and Virginia, 8.
So thc motion mas not agreed to.
Mr. Orr, from t h e Committee on Engrossment, reported as correctly engrossed and enrolled
An act to authorize the issue of inscribed stock in the stead of coupon bonds;
An act to establish assay offices at Charlotte and Dahlonega;
An act to repeal t h e fourth section of an act to re ulate foreign
coins in the Confederate States, approved March 16 b4], 1861, and
for othcr purposes; and
An act making additional ap ropriations for the Navy of the Confederate States for the year engng February 18, 1862.
The hour of 12 M. having arrived, Mr. Garland moved to postpone
for one hour the consideration of the special order;and the vote
thereon having been taken by States, resulted as follows, to wit:
Yea: Arkansas, Georgia, Louisiana, Tennessee, and Virginia, 5.
Nay: Alabama, Florida, Mississippi, North Carolina, South Carolina, and Texas, 6.
So the motion was not agreed to.

rJT

J-VOL

1-04-26

IAug. 24, 1861.

of North Carolina, by unanimous consent,. prescn ted the

f the legislature of North Carolina relatlve to resigned

naval officers; vhich were read and referred to t h e Committee on SnvsLl

Affairs.
Mr. Miles, from the Committee on Military Affairs, by unaninious
consent, report& and recommended the passage of
A bill to authorize the establishment of recruiting stations for
volunteers from the States of Kentucky, Missouri, &laryland, and
Delaware;
which was read first and second times and placed on the Calendar.
A message was received from the President by the hands of his
Private Secretary, Mr. Josselyn, informing Congress th:Lt the President has this day approved and signed
An act making appropriations for the expenses of Qovcrnnlent in
the legislative, executive, and judicial departments for the year ending 18th February, 1862;
An act making appropriations to carry into effect ail act to authorize the issue of Treasury notes, and to provide a m a r tax for their
redemption, and for other purposes;
An act to authorize the issue of inscribed stock in the stead of
coupon bonds;
An act to establish assay offices at Charlotte and Dahlonega;
An act making additional ap ropriations for the Navy of the Confederate States for the year engng February 18th, 1862; and
An act to repeal the fourth sectjon of an act to rcgulate foreign
coins in the confederate States, approved March 16 [I&],1861, and
for other purposes.
Congress proceeded to the consideration of the special order of the
day; which was the unfinished business of yesterday, to wit, the motion
of Mr. Rives to lay on the table the bill to sequestrate the estates,
pro ert , and effects of alien enemies, e t c
dr.
having demanded the question, withdrew thc, sainc.
Mr. Foreman renewed the demand; which was seconded, and
Mr. Iteagan, at the instance of the State of Texas, demanded that
the yeas and nays of the whole body should be recorded thereon;
which are as follows, viz:
Alabama-May : Messra. Walker, Sniith, Curry, Chilton, McBae,
$hortar, and Jonca.
Arkansas-Yea: Messrs. Thomason and Garland.
Florida-Nay : Messrs. Morton and Ward.
Georgia-Nay : Messrs. Howell Cobb, Foreman, Crawford, and
Wright.
Louisiana-Yca: Mr. Sparrow. Nay: Messrs. Perkins, De Clouct,
Conrad, Kenner, and Marshall.
Mississippi-Yon: Mr. Barry. Nay: Messrs. Harris, 13rooke, Orr,
and Harrison.
North Carolina--Yea: Mr. Yuryear. N ; L ~Me
:
. Davis, ii\.cry,
Smith, and VenaLlc.
South CaroIin&--Yoa: Mr. Chesnut. Xay : blessrs. lthett, Btirnwell, Memmin er, Miles, and Royce.
Tennessee-- ea: Mr. Joncs. Nay: Messrs. Atkins, Caruthers,
Do Witt, House, and Thomas.
Texas-Nay : Messrs. Reagan, Nemphill, Waul, Gregg, and Oldham.
Virginia-Yea: Messrs. Macfarland and Rives. Nay: Messrs. Sed-

8rr

Aug. 24, 1861.1

PROVISIONAL CONGRESS.

$03

don, W. Tz. -Preston, Tyler, Bocock, Scott, Mason, Brockenbrough,

Johnston, Staples, and Walter Preston.
So the motion was lost.
Jlr. Gregg moved to amend the sixth section of the bill by adding,
to come in before the proviso offered by Mr. Walker and agreed to,
the following proviso, viz:
Provided, That any person having a just claim against any alien enemy, may set off
tlie same against any demand for the recovery of which proceedings shall be instituted under this act.

M r . Wt~1l;erdcmandcd tho question; which mas seconded; and the

vote thereon JlsLving been taken by States, resulted as follows:
Yea: Florida and Texas.
Nay : Alabama, Louisiana, Mississippi, Korth Carolina, South Carolina, Tennessee, and Virginia.
Divided: Arkansas.
So the motion was lost.
Mr. Chilton moved to amend the sixth section by adding the following proviso, viz:
PTO?
idrd jtwther, That said court may, whenever, in the opinion of the judge thereof,
the public exigencies niay require it, order t h e moneys due as aforesaid to be denlauded
hy the receirer, and if upon tleiiiand of the receivrr, riiade in conformity t o a decietal
order of the coui t requiring said receiver to collect any debt for the payment of
uhich security inaj h a r e berii gi\ en untlei the ~tro\isionsof this act, the debtor o r
his security din11 ail to pay the miiw, then upon ten days notice to said debtor a n d
his security, gi\ en by said irceirer, of a motion to be made in said court for judgnient
for the amount so secured, said court, at the n e s t term thereof, niay procced t o render judgincnt against said principal and tecwrity, or against the party served with
such notice, for the sum so secured with interest thereon, i n the name of said
receiver, and to issuc esccution therefor.

The amendment was agreed to.

Mr. Macfarland niored to amend the sixth s
the following- proviso:

ion by adding thereto

Imcidcd also, That nothing herein contained shall be so construed as to authorize

the seizure and sequestration of any property or debts belonging to femines covert or
to minors who do not serve in the armiw of the United Rates or to natnral-born citizens of any ot the Confederate States, who, resicling in any one of the Sortliern or
Western States before t h e dissolution of the Union, vithout any act of adlwion to
the existing Government of the L nited States, shall return T! ithiii the Confederate
States before and become citizens thereof.

MY.Harrison denistided the question thereon; which was seconded,

arid

M r . Macfarlnnd, at the instance of the State of Virginia, demanded

that tlic year and nays of the whole body be recorded thereon; which
are as follows,~
\ iz:
Alabama-hay: Messrs. Walker, Smith, Curry, Chilton, Ncltae,
Shorter, and Jones.
Arkansas-Xay : Messrs. Thomason and Garland.
Florida-?\Tax: 311.. Norton.
Georgia-Yea: Mr. T. R. B. Cobh. Xay: Messrs. Howell Cobb,
Forenian, Clawford, arid right.
Louisiana-Yea: Messrs. Conrad arid Sparrow. Xay : Messrs. De
Clouet, Kennel-, and Nardmil.
illississipp-Yea: Mr.Brooke. Say: Messrs. Orr, Barry, and Harrison.
North Carolina-Yea: Messrs. Davis, Smith, and Puryear. Nay:
Messrs. Avery and Venable.

404

JOURNAL OF THE

ZAW. 24,1861.

South Carolina-Nay : Messrs. Rhett, Barnwell, Chesnut, Memminger, and Miles.

Tennessee--Yea: Messrs. De Witt, Jones, House, and Thomas. Nay:
Messrs. Atkins, Currin, and Caruthers.
Texas-Yea: Mr. Hemphill. Nay: Messrs. Reagan, Waul, Gregg,
arid Oldham.
Virginia-yea: l\ilessrs. Macfarland and Bives. Nay: Messrs. Scddon, W. B. Preston, Bocock, Scott, Mason, Brockenhrough, Staples,
and Walter Preston.
Yea: North Carolina and Tennessee, 2.
Nay: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi,
South Carolina, Texas, and Virginia, 9.
So the motion to amend was lost.
Mr. I-Icmphill moved to ainend the sixth section by adding thereto
the following proviso, to wit:
Provided, That in all cases where the wife or the minor children of an alien enemy
are residing within the limits of the Confederate Stat!% the homestead (with its
limits as defined by the laws of the States) of such wlfe or children shall not be
sequestered; and of the rents, hire, interests, and profits of the aliens estate (exclusive of the homestead) such portion under the decree or order of the court shall be
paid as may be necessary for their decent support and for the education of the children, and in t h e States where there is a rpmmunity of goods between husband and
wife one-half a t least of such rents, hire, interest, and profits shall be paid over or
received by the wife and children.

Mr. Hemphill demanded the question; which was seconded, and, n t

theinstance of the State of Texas, the yeas and nays of the whole body
were ordered to be recorded thereon; which are as follows, viz:
Alabania-Nay : Messrs. Walker, Smith, Curry, Chilton, Shorter,
and Jones.
Arkansas-Yca: Mr. Thomason. Nay: Mr. Garland.
Florida-Yea: Mr. Morton.
Georgia-Yea: Messrs. Foreman and W-right. Nay : Mr. Crawford.
Louisiaiia-Yea: Messrs. De Clouet, Conrad, and Sparrow. Nay:
Messrs. Yerkins, Kenner, and Marshall.
Mississippi-Yea: Messrs. Brooke, Orr, and Barry. Nay: Mr.
Harrison.
North Carolina-Yea:
Mr. Puryear. Nay: Messrs. Davis, Avery,
and Venable.
South Carolina-Yea: Mr. Bhett. Nay: Messrs. Barnwell, Memmingev, and Miles.
Tennessee-Yen: Messrs. De Witt, Jones, and Thomas. Nay:
Mcssrs. Atkins, Currin, Caruthers, and House.
Pexas- Yea: Messrs. Heniphill, Waul, Gregy, and Oldham. Nay:
Mr. Rcagun.
Vir inla- Yea: Messrs. Macfarland, Rivcs, Mason, and Rrockenb r o w . Nay : Messrs. Seddon, W. B. Preston, Bocock, Scott, Staples,
and %alter. Preston.
Yea: Florida, Georgia, Mississippi, and Texas, 4.
Nay : Alabarnn, North Carolina, South Carolina, Tennessee, and
Virginia, 6.
Divided: Arkansas and Louisiana, 2.
So thc motion to amend was lost.
Mr. Brooke moved to amend the sixth section by adding thereto
thc following proviso, viz:

~ That
(
~ the
~ provisions
~
~
~ of
( this
~
~
act ~shall
, not be operative upon the property
of persons born within the limits of the Confederate States and now absent or resi-

Aug. 24, 1861.1

PROVISIONAL CONGRESS.

405

dents in the Vnited States until the expiration of nine months from the date of its
passage, and if within said period such persons shall return to the States of their
nativity and remne their allegiance thereto, then thid act as to them &all be inoperative and void.

Mr. Brookc dernandcd the question; which was seconded, and, at the
instance of the State of Mississippi, t h e yeas and nays of the whole
body were ordered to be recorded thereon: which are as follows, viz:
Alabama-Yen: Mr. Walker. Nay: Messrs. Smith, Curry, Chilton, McBae, Shorter, a n d Jones.
Arkansas-Yea: Mr. Thomason. Nay: Mr. Garland.
Florida-Nay: Mr. Morton.
Georgia-Nay : Messrs. Foreman and Crawford.
Louisiana-Yea: Messrs. Conrad and Sparrow. Nay: Messm. Yerkins, De Clouet, Kenner, and Marshall.
Mississippi -Yea: Messrs. Brooke, Orr, and I-Iarrison. Nay: MI-.
Barry.
North Carolina-Yea: Messrs. Davis, Smith, and Puryear. Nay:
Messrs. Avery and Venable.
South Carolina-Nay : Messrs. Khett, Barnwell, Memminger, Miles,
and Boyce.
Tennessee-Yea: Messrs. Jones and Thonias. Nay: Messrs. Atkins,
Currin, Caruthers, I)e Witt, and House.
Texas-Nay : Messrs. Reagan, Hemphill, Waul, Gregg, and
Oldham.
Virginia-Yea: Messrs. Macfarlmd, Brockenbrough, Staples, and
Walter Preston. Nay: Messrs. Seddon, W. 3. Preston, Bocock, Scott,
arid Mason.
Yea: Mississippi and North Carolina, 2.
Nay : Alabama, Florida, Georgia, Louisiana, South Carolina, Tennessee, Texas, and Virginia, 8.
Divided: Arkansas, 1.
So the motion t o amend was lost.
Mr. Memminger moved to amend the sixth section by adding the
following proviso, to wit:
'

Procidpd also, That this act shall not be construcd to include property, real or personal (other than debts), which may have been transferred or conveyed in good faith
before the passage of this act to any citizen or subject of any neutral power residing
beyond the limits of the United States.

Mr. Conrad moved to amend the amendment by striking out the

same and inserting in lieu thereof the following, viz:
Provided, That all sales, transfers, or conveyances by citizens of the United States, of
day of
property situated within these States, made subsequently t o the
shall be presumed to be fraudulent and designed to evade confiscation or seizure
unless the contrary be proven.

MI-. Curry moved to lay the amendments o n the table; and the vote
thereon having been taken by States, resulted as follows:
Yea: Alabama Arkansas, Florida, Louisiana, Mississippi, North
Carolina, South barolina, Texas, and Virginia, 9.
Nay: Tennessee, 1.
Divided: Georgia, 1.
So the motion prevailed.
The sixth section as amended reads as follows, viz:
SEG.6. Be it fuvther enacted, etc., That it shall be the dut.y of the several receivers
aforesaid to take the possession, control, and management of all lands, tenements and
hereditaments, goods and chattels, rights and credits of each and every alien enemy
within the section for which he a&. And to this end he is empowered and required,

t A w . 24,1861.

whenever llecessary for acconiplishing the purposes of this act, to sue for and recover
t h e Same in the name of said Confederate States, allowing, in the recovery of credits,
such delays as may have been, or may be, prescribed i n any State as to t h e collection
of debts therein during the war. And the form and mode of actioll, whether the
matter be of jurisdiction i n law or equity, shall be by petition t o the court setting
forth, m best he can, the estate,property, right, orthirig sought to bc recovered, I\yith
the name of the person holding, exercising supervision ol-cr, i n posbession of, or controlling the same, as the case may be, and praying a sequestration thrreof. Notice
shall thereupon be forthwith issued by the clerk of the coud, or by the receiver, to
such person, with a copy of the petition, and the same shall be served b y the lllarshal
or his deputy and returned to the court as other mesne process 1n law cases; a hereupon, the cause shall be docketed aiid stand for trial 111 the co!lrt according to the
usual course of its business, and t h e court or judge shall, at arly time, make all orders
of seizure t h a t nlay seem necessary to secure the subjectmatter of t h e suit from danger of loss, injury, destruction, or waste, and may, pending the cause, make orders
of sale in cases that may s w n to such judge or court necepsary to preserl e any property sued for from perishing or waete: I+ozndecZ, That in any case when the Confederate judge shall find it t o be consistent v( ith t h e safe-kecpirig of tlie prolxrty so
sequestered, to leave the pame in the hands and under t h e control oi any debtor or
person in whose hands the real estate and slaves were seized, who inay be in potwssioii of the said property or credits, h e shall order t h e same to remain in t h e hands
and under t h e control of said debtor or person i n whose hands t h e real estate and
slaves were seized, requiring i n every such case such secnrity for the safe-keeping of
the property and credits a8 he may deem sufficient for t h e purpose aforesaid, and to
abide by such further orders as t h e court may make in t h e premises. But this proviso shall not apply to bank or other corporation stock, or dividends due, or which
may be due thereon, or to rents on real estate in cities. And no debtor or other
shall be entitled to the benefit of this proviso unless h e has first paid into the
an& of the receiver all interest or not profits which niay have stccrued since the
twenty-first May, eighteen hundred and sixty-one; and, i n all cases corning under
this proviso, such debtor shall be bound to pay over annually to the receiver all intcrest which niay accrue as the same falls due; and the person in whose hands any
other property may be left shall be bound to account for, and
the receiver, t h e nct income or profits of said property, and on
or other person to my o m r said interest, net income, or profits,
the rcceivvr niay demand and recover the deht or property.
tcn days notice t o any drhtor or prrson in whose hands property or debts rnay be
left, of an application for further secnritp, it shall be made to appear t o the satisfaction of the court that tlre securities of such debtor or person are not ample, tlie court
may, on the failure of the party to give suflicient additioml securities, render judgment against all t h e parties on t h e bond for the recovery of the debt or property:
I.rozridedfi~,?!ier., That said court may, whenever, i n the opinion of the judge thereof,
the public exigencies inay require it, order the moneys due as aforesaid to he demanded
by the receiver, and if upon deinand of the rcceiver, made in conformity to a dccretal
order of the court requiring wid receiver to collect any debt for the paynient oi 11 hich
mcurity ma have been given untlcr the provisions of this act, tlre debtor or his
security S l U J fiti 1 to p y the saintA,then upon ten days notice to Faid debtor itncl his
swurity, given by mid receiver, of a motion to be inadc in said court for judgment for
the amount so seciircd, said court, a t the next term thereof, map proceed to render
jutlgnicnt againfit sitid principal and security, or against the party served with sncbfi
notice, for the sum so secured with interest thereon, i n the name of said rereivcr, and
to issw escwition therefor.

Ails. Avcry moved t o ninend the bill by adding tho following as an

additioiial section, to bc the seventh section, to wit:
No prolwty i, intended to be absolutely confiscntetl a t present 1)v this act except.
in eo far m our alien enetrks have or shall hereafter by their practices ullder .their
legislation confiscate tlie propcrty of citizens of the Confederate States of Alnerica or
of persons ddiiig the same, but to the irecise and full extent of such confiscation by
our enemies this act filial1 be construed retaliatory.

Mr. Atkins moved to lay the ainendnient on tlie table, and demanded
the question; which am seconded, and the motion prevailed.
Mr. Davis, by unanimous consent, resented the memorial of the
ton, Charlotte aud Rutherfor Railroad Company; which was
to the Committee on Postal Affairs,without being read.

ini: %, l W . ]

PROVISIONAL CONGRESS.

407

'I'he Chair presented a cornlnunication from the President, transmitting to Congress estimates from the Secretary of the Navy for the
construction aiid equipment of three gunboats for the coast and river
defense of the State of Florida, $420,000; which mas read and referred
to the Committee on N a r d Affairs.
Mr. Orr o f Mississippi oRered the following resolution, to wit:
Resolced, That the resolution under which a committee consistin of one from each
State was appointed to inquire of the commercial and financial intependence of the
Confederate States, and the conimittee as appointed, he niade public, and secrecy
be renioved from the same and it be published.

Mr. Walker moved that when Congress adjourns it take a recess

until 8 o'clock p. m. ; and thc vote having been taken thereon by States,
resulted as follows, to wit:
Pea: Alabarna, Mississippi, South Carolina, and Virginia, 4.
Nay : Florida, Georgia, Louisiana, North Carolina, Tennessee, and
Texas, 6.
Divided: Arkansas, 1.
So the motion was not agreed to.
On motion of Mr. Sparrom,
Congress then adjourned until 10 o'clock Monday morning.
EXECUTIVE SESSION.

Congress being in executive session,

Mr. Conmd, froni the Coinniittee on Naval Affairs, to whom were
referred the communications of the Yresident, transmitting the nominations of Henry 3.Tyler, jr., of the District of Columbia, to be a
tirst lieutenant in the Marine Corps; Robert J. Freeman, of Virginia,
to be an assistant surgeon i n the Navy; J. W. B. Greenhow, of Georgia, to b e a surgeon in the Navy; Israel Greene, of Vir inia, to be
adjutant of the Marine Corps, with the rank of major; %'illiam 13.
IIowell, of Louisiana, to hc Navy agent at New Orleans, La., reported
thc same back and recommended that Congress advise and consent
thereto.
Tho report was agreed to, and Congress advised and consented to
tbe nominations.
The nominalion o f ,J. 31. Reid to be postmaster at New Orleans was
takcn u p ; and, on motion of Mr. Reagan, Congress advised and consented to the noinination.
Mr. Curry moved to reconsider the vote by which Congress advised
:ind consented to said nomination.
Pending which,
Congress resumed legislative session.

THIRTY-SECOND DAY -MOWDAY, AUGUST26, 1861.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer

by the Rev. Bishop Early.
Congress then resolved itself into secret session.

408

JOURNAL OF THE

[AUg. 26,1861.

SECRET SESSION.

Con ress being in secret session,

Mr.%arnmeIl moved to take u a Calendar hill, entitled
A bill to audit the claims of t e respective States against the Confederate States.
The motion was agreed to.
And the first section of the same being under consideration, M r .
Barnwell moved to amend the same b striking out the words the
Second Auditor and inserting in lieu t ereof thc following words, to
wit:

such auditor or auditors of the Treasury Department, as may be designated b y the

Secretary of the Treasury, and to that end the said Secretary be authorized to
appoint &s many extra clerks for the time as he may deem necesmry, at the rate of
salary now allowed for clerks.

The amendment was agreed to, and the section as amended reads as
follows, to wit:
SECTION
1. The Congress of the Confederate States do enact, That it shall be the duty
of such auditor or auditors of the Treasury Department, as may be designated by
the Secretary of the Treasury, and to that end the said Secretary be authorized to
appoint 8s many extra clerks for the time as h e may deem necessary, at the rate of
salary now allowed for clerks [of the Treasury Department], to audit t h e accounts
and claims of the respective States of the Confederacy against the Confederate Government for the advancw and expenditures made by the said States respectively
for the use and benefit of t h e Confederacy in reparation for or in conducting t h e
war now existin against the United States, anl? all claims for advances or expcnditures of any k i n f made by any State prior to the passage of its ordinance of secession
shall be shown to have heen made in contemplation of the act of secession afterwards
consummated, and of the war that might probably ensue, or in the seizure or acquisition of forts, arsenals, navy-yards, armaments, munitions, and other useful instrumentalities of war, or in the purchase or manufacture of arms or munitions which
have since been transferred to the Confederacy, or in some regular mode heen brought
into its service for the prosecution of the war aforesaid, before such claims shall be
audited and the amount ascertained.

The second section of the bill being under consideration; which is

aa follows, to wit: .
SEC.2. And in auditing the claims of the States of Virginia, North Carolina,
and Tennessee, reference shall be had to the special compacts and engagenleiits had
with those States respectively by the Confederate Government in vicw of their proposed adhesion to the Provision~lConstitution, or of the support of their armaments
and the pros@cutionof the war afterwards, and all claims coming fairly within the
purview of such compacts, being properly verified by vouchers, shall iu favor of
said States be audited and ascertained.

Mr. Caruthers moved to amend by inserting after the word

v~uchers the following words, to wit: or other satisfactory evidence; and the vote having been taken thereon by States, resulted as
follows, to wit:
Yea: Arkansas, North Carolina, Tennessee, Texas, and Virginia, 5.
Nay: Alabama, Georgia, Louisiana, Mississippi, and South Carolina, 5 .
So tho amendment was not agreed to.
The third section being under consideration; which is as follows,
to wit:
SW. 3. That proof shall be made in all cases by proper vouchers to thc satisfaction of the auditor that the amount claimed was actually advanced or expended,
that the expenditure ww roper, and no greater amount for pay and services shall
be m.~ditedthan is allowedlby the regulations of the Confederate Government for pay
and services in the like cases, and the auditor shall make a special report of his
action under this law to the Congress at its next, session.

PROVISIONAL CONGRESS.

Aug. 26, 1861.1

409

Xr. Johnston of Virginia moved to amend by striking out the words

that the ex cnditure mas proper.:
The amen incnt was not agreed to.
Mr. Johnson of Arlransnv moved to postpone the further consideration of the biIl until the next session, and called the qucstion thereon;
which was seconded; when
Mr. Scott, at the instance of the State of Virginia, demanded that
the yeas and nays of t h e whole body be recorded thereon; which
are as follorvs, to wit:
Alabama-Yea: hlessrs. Smith, Chilton, Shorter, and Jones.
Arkansas-Yea: Messrs. Johnson and Thomason.
Florida-Nay: Mr. Morton.
Georgia-Yea: Mesms. Howell Cobb, Foreman, Crawford, and
T. It. It. Cobb.
Louisiana-Yea: Messrs. De Clouet, Conrad, Kenner, and Sparrow.
Kay: Mr. Perkins.
Mississippi-Yea: Mr. Orr. Nay: Messrs. Brooke, Barry, and
Harri son.
North Carolina-Y ea: Mr. Venable. Nay: Mossrs. Davis, Avery,
and Smith.
South Carolina-Tea: Mcssri;. Xhett, Mernminger, Ilililes, and Boyce.
Nay: Mcssrs. Barnwell and Chesiiut.
Icnnessee-NaT: Messrs. Atliins, Cnruthers, Do Witt, Jones, House,
and Thomas.
Texas-Yea: Mr. Oldhani. Nay: Mcssrs. Hemphill, Waul, and
Grqg.
Virginia-Yea: Mr. W. 13. lreston. Nap: Messrs. Hun ter, Tyler,
Macfarland, Rives, Scott, Mason, Brockenbrough, ,Johnston, and
Walter Preston.
Yea : Alabama, Arkansas, Georgia, Louisiana, and South Carolina, 5.
Nay : Florida, ;\/Iississippi, North Carolina, Tennessee, Texas, and
Virginia, 6.
So the motion %-asnot agreed to.
Mr. Thoinas moved to amend by adding the following proviso, to wit:

Prouided, That nothing in this section contained slid1 be construed to dfefert the pro-

visions of the second section of this act.

Mr. Smith called t h e qucstion; which was seconded; and the vote
having been taken thereon by States, resulted as follows, to wit:
Yea: Georgia, North Carolina, Tennessee, and Virginia, 4.
Nay: Alabama, Arliansas, Florida, Louisiana, Mississippi, South
Carolina, 6.
Divided: Texas, 1.
So the amendment was not agreed to.
Mr. Scott moved to aniend by inserting after the word expended
the following words, to wit: and unless otherwisc required by the
said special compacts and engagements.
Mr. Waul called the question; which was seconded; and the vote
having been taken thereon by States, resulted as follows, to wit:
Yea: Arkansas, Georgia, North Carolina, Tennessee, and Virginia, 5.
Nay: AIabama, Florida, Louisiana, Mississippi, South Carolina,
and Texas, 6.
So the amendment was not agreed to.
Mr. House moved to amend by inserting after the word (cases the
following words, to wit: unless the agreement between such States
and the Confederate States requires greater allowance.

JOURNAL O F THE

[AUg. 26, 1861.

Mr. McRae, from the Committee on Engrossment, r e p o r t d as correctly engrossed and cnrolled
An act to aniend an act entitled An act to create the clerical force
of the several [Executive] Departments of the Confederate States of
America, and for other purposes, approved March 7, 1861.
The hour of 1 2 in. having arrived, Xr. Conrad moved to postpone
the consideration of the special order, f o r a call of the committee for
reports, etc.; and the voCe having been taken thereon by States,
resulted as follows, to wit:
Yea: Arkansas, Florida, Louisiam, Mississippi, Korth Carolina,
South Carolina, Tennessee, Texas, and Virginia, 9.
Nay: Alabama and Georgia, 2.
So tho motion mas agreed to.
Mr. Shorter, from the Committee on Engrossnient, reported as correctly engrossed and enrolled
An act making further ap ropriations for the service of the PostOffice Department during t e year ending 18th February, 1862; and
An act relative to tho cntry and discharge of vessels.
Mr. Brockeilbrough, from the Committee o n the Judiciary, reported
and recoiuniended the passage of
A bill regdating the fees of clerks and msrshals;
which was read first and second times, placed on the Calendar, and
ordered to bo printed; also
An act to regulate the fees of district attorneys and cominissioncrs,
and f o r other purposes;
which was read first and second tiines, placed on the Calendar, and
ordered to bo printed.
Mr. T. R. M. Cobb, from the same committee, reported and recommended the passage of
A bill to fix the fees and costs in admiralty cases;
which was rend first and second times.
Mr. Conrad moved to aniend by inserting after the word States
the words in like cases.
The nrnendnient was agreed to, and thc bill t ~ anicnded
s
was engrossed,
read third time, and passed.
Mr. Conrad, from the Committee on Xaval Affairs, reported
A bill to authorize thc Sccretary of tho Navy to iiiake certain contracts wilhout advertising for proposals;
which WUR read first and sccorid tiiiics, engrossed, rcad third time, and
passed ; dso
A bill to anthorizc the construction of certain gunboats.
Section first being under consideration, Mr. Barnwell inoved to
amend by stri1citi.g out the words "specially adapkd to the dcfense of
the coast of Florich.
Lhc aniericlirieiil was agreed to.
MY. Conrad riioved to amend by inserting the words .expressly
ada tcd for seaconst defense.
7 oamendment WHS agreed to, and the bill as amended was engrossed,
read third time, ttnd passed.
Mr. Williani 13allard Prcston, from the Comniittce on Military
Affairs, reported and recorninended the passage of
A bill authorizing the President to purchase a steamer and certain
military supplies;

!i

Aug. 26, 1861.1

PROVISIONAL CONGRESS.

411

which was read first and second times, engrossed, read third time, and
passed; also
A bill making appropriations for the purchase of a steamer and certain military supplies;
which was read first and secorid times, engrossed. read third time, and
passed.
Xr. Miles, from the same committee, rrported and recommended
the passage of
A resolution to provide troops in the field with bread and fresh
provisions;
which mas read first) and second times, engrossed, read third time, and
passed.
Mr. Miles, from the Committee on Military Affairs, reported
A bill to amend the second section of a11 act concerning the transportation of soldiers and allowancc for clothin of volunteers, and
amendatory of the act for the establishment a n t organization of the
Army of the Confederate States;
which was taken up and read the first and second times.
The first section having been read, as follows, viz:
That instead of the twenty-one dollars at present allowed to each soldier every six
months in lieu of clothing, t h e War Departnient shall furnish clothing, etc.

Mr. .'i' It. B. Cohb moved to aiiiend the same by striking out [the
above words] and inserting in lieu thereof the following, viz:
That t h e Secretary of War be, and is hercby, authurized a n d required to provide, as
far as possible, clothing for the entire forves of t h e Confederate States, and to furnish
the same to every regiment or cuiiipany upon the requisition of the comniander
thereof.

The amendnient was agreed to.

Mr. T. R. R. Cobb niorcd further to atnetid the bill by adding the
following as an additional section, 17iz:
The commander of every mlnntcrr company shall have the privilege of receiving
commutation for clothing a t the rate of twenty-five dollars per man for every six
months, when they shall have furnished their ow11 clothing.

The amendment was agreed to.

The bill as ameiidcd was cngrossc~Lrc:d :L third time, and passed.
Mr. Shorter, from t h e Committee on JCnyrossrnent, reported as correctly engrossed and c n r o l l d
An act to authorize the construction of ccrtain gunboats;
An act to authorize thc Secrctary of the Kavy to make certain contracts without advertising for proposals; and
An act t o fix the fees and costs in admiralty cases.
Mr. Miles, froin the Conirnittce on Military Affairs, called for the
consideration of a bill on the Calendar
To authorize the establishment of recruiting slations for volunteers
from the States of Kentucky, Missouri, Atnryland, nnd Delaware.
The fourth section of t h e same being under consideration, which
provides that the recruits shall be provided with nothing but clothing
and rations until riiustcred in as companies,
Mr. T. X. E. Cobb moved to amend the same by adding the following proviso, to wit:
Provided, That such volunteers rliall not h e armed by the Confederate States until
the Tolunteers now i n the &Id shall be armed and equipped.

412

1.4%.

JOURNAL OF THE

26, 1861.

Mr. Foreman called the question; which was seconded; tvhen

Mr. Cobb, at the instance of the State of Geor ia, demanded that

the yeas and nays of the whole body be recorded; w iich are as follows,
to wit:
Alabama-Yea: Messrs. Curry, Chilton, and Mcltae. Nay: Messrs.
Shorter and Jones.
Arkansas-Nay : Mr. Thomason.
Florida-Yea: Mr. Ward. Nay: Mr. Morton.
Georgia-Yea: Messrs. Howell Cobb, Forcman, and T. R. 1%. Cobb.
Louisiana-Yet: Messrs. Perkins and Conrad. Nay: Messrs. De
Clouet, Kenner, and S arrow.
Mississippi-Yea: I r. Harrison. Nay: Mr. Barry.
North Carolina-Nay : Messrs. Davis, Smith, Venable, and Puryear.
South Carolina-Nay : Messrs. Rhett, Barnwell, Chesnut, Miles,
and Boyce.
Tennessee-Yea: Messrs. Atkins, Currin, Caruthers, De Witt,
Jones, House, and Thomas.
Texas-Yea: Messrs. Hemphill and Oldham. Nay: Mesws. Reagan,
Waul, and Gregg.
Virginia--Nay : Messrs. Seddon,W. R. Preston, Hunter, Macfarland,
Rives, Scott, Mason, Brockenbrough, Staples, and Walter Preston.
Yea: Alabama, Georgia, and Tennessee, 3.
Na : Arkansas, Louisiana, North Carolina, South Carolina, Texas,
and irginia, 6 .
Divided: Florida and Nississippi, 2.
So the amendment was not a reed to.
Mr. McEae moved to amen by striking out the words " clothing
and. "
The amendment was not agreed to, and the bill was engrossed and
read third time.
Mr. Atkins moved to reconsider the vote upon the ordering of the
bill to be engrossed for a third reading.
The motion WRS not agreed to.
Mr. Davis called the question, which was upon the passage of the
bill; and the call being seconded, Mr. T. R. It. Cobb, a t the instance of
the State of Georgia demanded that the yeas and nays of the whole
body be recorded; which are as follows, to wit.
Alabama-Yea: Messrs. Smith, Shorter, and Jones. Nay: Messrs.
Curry and Chilton.
Arkansas-Yea: Mr. Thornason.
Florida-Yea: Messrs. Morton and Ward.
Georgia-Yea: Mr. Foreman. Nay: Messrs. Howell Cobb, Crawford, and T. It. It. Cobb.
Louisiana--Yca: Messrs. De Clouet, Conrad, Kcnner, and Sparrow.
Nav: Mr. Perkins.
hsissippi-Yea: Messrs. Brooke, Barry, and Harrison.
North Carolina-Yea: Messrs. Dark, Smith, Venable, and Puryear.
South Carolina-Yea: Messra. Rhett, Barnwell, Chesnut, Miles,
and Boyce.
Tennessee-Yea: Messrs. Currin, Caruthers, De Witt, Jones, House,
and Thomas. Nay: Mr. Atkins.
Texas-Yea: Messrs. Reagan, Waul, Qregg, and Oldham. Nay:
Mr. Hemphill.
Virginia-Yea:
Messrs. Seddon, W. B. Preston, Rives, Scott,
Mason, and Brockenbrough.

d?

Aug. 27,1861.1

PROVISIONAL CONGRESS.

413

Yea: Alabama, Arkansas, Florida, Louisiana, ;?llississippi, North

Carolina, South Carolina, Tennessee, Texas, and Virginia, 10.
Nay: Georgia, 1.
So the bill was passed.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act authlorizing the President to purchase a steamer and certain
military supplies; and
Besolutions to provide troops in the field with bread and fresh
provisions.
Mr. Miles, from the Committee on Military Affairs, reported and
recommended the passage of
An act explanatory of an act amendatory of an act for the organizatlion of the staff departments of the Army, and an act for the establishment and organization of t h e Army of the Confederate States of
America, approved May [March] 14,1861;
which was read the first and second times and placed on the Calendar.
Mr. Miles, from the same committee, to whom was referred the
petition of certain citizens of Cass County, Ga., reported same back,
asked to be discharged from its further considoration, and that the
resolution lie on the table; which was agreed to.
Mr. Gregg, from the same committee, reported
A bill to authorize tho Secretary of War to advance the sum of
$60,000 to procure the establishment of a telegraph line from New
Orleans, in the State of Louisiana, to San Antonio, in the State of
Texas;
which was read first and second times, placed on the Calendar, and
ordered to be printed.
Mr. Sparrow, from the same committee, reported the following
resolution, to wit:
Resolved, That a coinmittee of five be appointed to inquire into the organization
and administration of the Quartermasters and Commissarys Departments, with
power to continue said inquiry during the recess, and to report at the next session
of Congress what changes i n the laws and regulations relating thereto are necessary
and proper.

Mr. Curry moved to take a recess until 8 oclock p. m.

Mr. Crawford moved that Congress adjourn until 10 oclock
to-morrow niorni ng.
The motion was agreed to; and the Chair declared the Congress
adjourned until 10 oclock to-morrow morning.
THIRTY -THIRD DAY-TUESDAY,

AUGUST27, 1861.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer

by the Rev. Mr. Hoge.
Congress then resolved itself into secret session.
SECRET SESSION.

Con ress bein in secret session, resumed the unfinished business of

yester ay; whicf was the consideration of the amendment offered by
Mr. House to the third section of a bill from the Finance Committee,

[ A w . 27,1861.

to audit the claims of the States against the Confederate Governnlent;

which is as follows, to wit:

To insert after the word casesthe following words, to wit: unless
the agreement between such State arid the COnfedel.ate States.
The amendment was not agreed to.
&lr. BarnnTell moved to amend by adding as a fourth section to the
bill the following, to wit:

szc.4. The Secretary of the Treasury is authorized, a t his discretion, before the
next session of Congress, to make advances to the respective Shies, on the amounts
that may have been audited and ascertained to an extent not exceeding fifty per
cent on the amounts then audited and ascertained, an$ shall report to the next Congress such advances and the causes that deterlnlned hls discretion.
Mr. Hemphill moved to amend the amendment by striking out the
word (c fifty and inserting i n lieu thereof the word thirty.
The amendinerit to the anicndment was not agreed to.
Mr. Kenner moved to postpone the further consideration of the bill
until 11.30 oclock a. m.
The motion was not agreed to.
Mr. Kennel. moved to postpone tho fmther consideration of the bill
until 3 O ~ C ~ O Cp.~ Cm. to-morrow.
The motion was not agreed to.
Mr. Kenner then moved t o amend the amendment by adding the
following proviso, to wit:
Provided, That no advance under this section shall be made to any one State until
the accouiits of all the States shall have been audited.

Mr. Avery moved to lay both aInendmciits on the table, and called
the question? which was scconded; and the vote having been Oaken
thereon by States, resulted as follows, to wit:
Yea: Alabama, Arkansas, Georgia, Louisiana, Mississippi, North
Carolina, South Carolina, and Tcxas, 8.
Nay: Florida, Tennessee, and Virginia, 3.
So the motion was agreed to.
Mr. Thomason moved to amcnd by adding as a fourth section to the
bill the following, to wit:
Ssc. 4. The Secretary of the Treasury shall caiise notice to be formrded to the
executivc of each of the States of this Confederacy, immediately after the passage of
this act, calling on such executive to forward the claims which may be held by his
State, subject to be audited tinder the grovisions of this act.

The ainendincnt wis agreed to, and tho hill as amended was engrossed,
read third time, arid pnsscd.
Mr. Barnwell, from the Comniittcc on Finance, by unanimous consent, reported and reconiinended the passage of
An act to esttbblish tho office of conmissioner of public buildings.
Mr. Curry moved to lay tho bill on the tablc, and called the question; which WILS scconded; and the vote having been taken thereon by
States, resulted xi follows, to wit:
Yea: hlahani:b, Georgia, and Iennessee, 3.
Ntt : Arltansas, Rloridn, Louisiana, North Carolina, South Carolina,
and Jirginin, ti.
Divided: Mississippi and Texas, 2.
So the motion was not agreed to.
On motion of Mr.T. R. R. C o b , t h e bill was then placed on the
Calendar aiid ordered to he printed.

zi\ig.Ui. I X 6 . I

PROVISIONAL CONGRESS.

415

311.. ,\leiiiniinp moved to postpone the c.onsideration of the unfinishctl business o i yesterday, in order to take up for consideration the
I-eportof the Special Committee on the Kernoval of the Seat of Governnient; andthe votc haring been taken thereon by States, resulted as
follows, to wit:
Yea: Arkaiisas, Georgia, Xorth Carolina, Tennessee, and Virginia, 5.
Nay: Alabama, Florida, Louisiana, Mississippi, and Texas, 5.
Divided: South Carolina, 1.
So the motion n-as not, agreed to.
Congress theti resuiiied the consideration of the unfinished business
of yesterday; which was the consideration of the nniendnicnt offered
by Mr. Perkins toothe resolnt.ion of Mi..Sparrow, providing for the
appointment of a committee of one frotn each State to inquire into the
atiiiiiriistratiori of the Quartermastcr, <:onimissary, and Medical Departments, t.he amendment being to strike out from the resolution the
following words, to wit: a committee of one from each State, to be
sclected by the Delegates therefrom, be appointed, and to insert in
lieu thereof the following words, to wit: b the Military Committee.
Mr. Sparrow offered the following as a substitute for his original
resolution, to wit:

Resolred, That a coiiiinit,tee of f i ~ he e appointed to inqnire into t h e organization

and adininistrxtion of tl
dical, Coiiunismq-, anti Quartermasters Departments,
inquiry tluring tlic rett~v,anti t o report a t the next
with power to coiitiiioc
nges in tlie 1 ~ ~ and
; s regulations relating t.hereto are

. Smith of Alabama niovcd t o lay the resolntion, amendments,

and snhstitute on the t>able,and called tho quest,ion; which mas seconded,
and
Mr. Sparrow, at the instmice of the State of Louisiana, demanded
that the yeas and nays of the whole body be recorded; which are as
follows, to wit:
L41ab~ma-Yea: Messrs. Smith, Curry. McRae, Shorter, and Jones.
Nay: Mr. Chilton.
Arkansas--Kay : Messrs. Johnson and ?bornason.
Florida-Kay : Mr. Morton.
Georgia-Yea:
Messrs. Howell Cobb, Poreitian, and Crawford.
Kay: Mr. T. R. B. CoFb.
Louisiana--Nay : Messrs. Perkins, De Clonet, Conrad, and Sparrow.
Mississippi.-Yea: Messrs. Brooke and Harrison. Nay: Mr. Orr.
North Carolina-Yea: Messrs. Davis and Avery. Nay: Messrs.
Smith and Venable.
South Cslroliiia-Yea: Messrs. I3arnwel1, Chesnut, and Meniminger.
Nay: Messrs. Kliett and Boyce.
Tennessee-Yea:
Mr. Thomas. Xaj-: Messrs. At-liins, Currin,
Carut.hers, De Wi
ouse.
Waid, Gregg, and Oldham.
Texas-Nay : A1
Virginia-Yea:
and Mason. Naji: Messrs. W. B.
Preston, Tyler, Scott, Brockenbrough, Staples, and Walter Preston.
I7ea: Alabama, Georgia, Mississippi, and South Carolina, 4.
Nay : Arkansas, Florida, Louisiana, Tennessee, Texas, and Virginia, 6.
Divided: North Caralina, 1.
So the motion was riot agreed to.
The question then recurred upon agreeing to the amendment offered

416

JOURNAL OF THE

[ A w . 27, 1861.

b Mr. Perkins; and Mr. Bvery, at the instance of the State of North
CIY,rolina, demanded that the yeas and nays of the whole body be
recorded; which are as follows, to wit:
Alabama-Yea: Messrs. Smith, Curry, McRae, and Shorter. Nay:
Messrs. Chilton and Jones.
Arkansas-Yea: Mr. Thomason. Nay : Mr. Johnson.
Florida-Yea: Mr. Morton.
Georgia-Yea: Mr. Crawford. Nay: Messrs. Foreman, MTright,
and T. R. R. Cobb.
Louisiana-Yea: Mr. Perkins. Nay: Messrs. De Clouet, Conrad,
and Sparrow.
Mississippi-Yea: Messrs. Brooke and Harrison. Nay: Mr. Orr.
North Carolina-Yea: Mr. Avery. Nay : Messrs. Davis, Smith,
and Venable.
South Carolina-Yea: Messrs. Barnwell, Chesnut, and Memminger.
Nay: Messrs. Rhett and Hoyce.
Tennessee-Yea: Messrs. Atlrins, Currin, Caruthers, De W itt, and
House. Nay: Messrs. Jones and Thomas.
Texas-Nay : Messrs. Hemphill, W:~ul,Gregg, and Oldhani.
Virginia-Yea: Messrs. Hunter, Macfarland, Rives, Scott, Mason,
and Johnston. Nay: Mcssrs. W. 3. Preston, Tyler, Brockcnbrough,
Sta les, and Waltcr Preston.
?tea: Alabama, Florida, Mississippi, South Carolina, Tennessee, and
Virginia, 6.
Nay: Georgia, Louisiana, North Carolina, and Texas, 4.
Divided: Arkansas, 1.
So the amendment was agreed to.
The hour of 1 2 m. having arriwd, Mr. Sparrow moved to suspend
the consideration of the special order for half an hour, and called thc
question; which was seconded; and the question being put, the motion
was agreed to.
Mr. Sparrow called the question, which was upon agreeing to the
substitute offered by him in lieu of the original resolution; and tho
call being seconded, the question was put, and the substitute was
agreed to.
The question was then put upon the adoption of the substitute, and
the resolution as a substitute WRYadoptcd.
Mr. Johnson of Arlcansas introdriccd the following resolution:
Bcsolved, That Congress extend the day of adjonrnnient to Saturday, the thirtyfirst day of August, eiglitcen liuiidrecl and sixty-one.

Mr. Brooke moved to :mend by striking out the words Saturday,

tho thirty-first [day1 o Q August and inserting in lieu thereof the
words Monday, the sccond day of September.
The amendment was not a .reed to.
The question then recurre upon agreeing to the resolution offered
by Mr. eJohnson; and the question being put, the resolution was
agreed to.
Mr. Barnwell moved to reconsider t h e vote by which the resolution
of Mr. Sparrow, as a substitute for his original resolution, was
adopted.
And Mr. Sparrow, at the instance of the State of Lbuisiana, demanded
that the yeas and nays of the whole body hc recorded; which are as
follows. to wit:
Alab~ma--lca: Messrs. Smith, Curry, McRae, Shorter, and Jones.
Nay: Mr. Chilton.

Aug. 27, 1861.1

417

PROVISIONAL CONGRESS.

Arltansas--Say : Rlessrs. Johnson and Thomason.

Florida--Nay : Mr. Morton.
Georgia-Yea: Mr. Crawford. Kay: Messrs. Foreman, Wright,
and T. K. 1%.Cobb.
Louisiana-Yes: Mr. Perkins. Say : M a r s . Conrad and Sparrow.
Mississippi-Yea: Mcssrs. Brooke and Harrison. Nay: Mr. Orr.
North Carolina-Yea: Mr. Avery. Nay : Messrs. Davis and Tenable.
South Carolina--Yea: Messrs. Basnwell, Chesnut, and Mcmminger.
Kav: Messrs. Rhett and Bovce.
jlennessee-Yea: Mr. Thuomas. Nay : Messrs. Atkins, Caruthers,
De Witt, Jones, and House.
- Texas-Yea:
Nr. Reagan. Nay: Messrs. Hemphill, Waul, and
Gsegg.
Virginia-Yea: Messrs. Seddon, Hunter, Scott, and Mason. Nay:
Messrs. W. B. Preston, Tyler, Macfarland, Rives, Broekenbrough,
Johnston, Staples, and Walter Preston.
Yea: Alabama, Mississippi, and South Carolina, 3.
Nay : Arkansas, Florida, Georgia, Louisiana, North Carolina, Tennessee, Texas, and Virginia, 8.
So the motion was not agrced to.
Mr. Chilton moved to takc up for consideration a bill on the Calendar cutitled
An act to establish certain post routes therein named.
The motion was agreed to, and Congress proceeded to the consideration of the bill.
A h . Crawford moved to amend by striking out the following words,
to wit:
And the Postmaiter-General is hereby authorized to establish upon said routes,
respectively, such niail service as in his opinion the public exigencies demand: Provided, however, That h e may withhold such serxlice altogether if in his opinion the
expense of such routes over the sunis to be derived from them should not be more
than counterbalanced by their convenience to the public.

The amendment was agreed to.

Mr. Chilton moved to amend by adding after the word
the following, to wit:

lL

Georgia

Also, that a route be established from Calhoun, on thc Alabama and Florida Railroad, in the county of Lowndes, i n the State of Alabama, t o Benton, in said county,
through Mount Willing a n d Gordonsville. Also, a post route from Clarkesville, in
lllecklenburg County, Virginia, to Brownsville, in the State of North Carolina; an&
also from Mullins, in Alabama, to Lime Kiln, via Canlpbek3 Home; and also, a post
route from Louisville, in t h e county of Winston, to Vaiden, in the county of Carroll,
in the State of Mississippi.

Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to amend the second section of an act concerning the transportation of soldiers and allowance for clothin of volunteers, and
amendator of the act for the establishnlerlt anif organization of the
Army of t e Confederate States; and
An act, to authorize the establishment of recruiting stations for VOIunteers from the States of Kentucky, Missouri, Maryland, and Delaware.
Congress then proceeded to the consideration of the special order of
the day; which was t h e unfinished business of yesterday, viz:
A bill to sequestrate the estates, property, and effects of alien
enemies, etc.

C J-VOL

1-04-27

JOURNAL O F THE

418

[hug.27,1861.

The ninth section having been read as follows, viz:

Ssc. 9. It shall be the duty of the district attorney of t he Confederate States,
diligently to prosecute all causes instituted under thls act, an(1 h e shall receive as a
compensation therefor one per cent upon and from the frults of all liti,nation instituted under this act: Provided, That no matter shall be called litigated except a
defendant be admitted by t h e court, and a proper plea be filed.

Mr. Davis of North Carolina moved to amend the same by striking

out all after the word therefor and inserting in lieu thereof the
words such fees as may be allowed by the court.
The motion was lost.
Mr. Brooke moved to amend the same section hj7 strilring out the
word one and inserting in lieu thereof the word (two.
The vote thereon having been taken by States, resulted as follows,
viz:
Yea: Alabama, Arkansas, Florida, Mississippi, North Carolina, and
South Carolina.
Nay: Georgia, Louisiana, Tennessee, Tcxas, and Virginia.
So the amendment was agreed to.
Section 14 providing for the appointment of commissioners to hear
and adjudge claims brought before them by persons aiding this Confederacy in the present war who allege that they have been put to
loss, and leaving the part of the section providing for the compensation of said commissioners blank, Mr. Smith moved to amend the same
by filling the blank with the sum of $2,500.
Mr. Chilton moved to amend by filling the blank with the siini of
$3,000.
The motion was lost; and the question recurring on t h e amendment
of Mr. Smith of Alabama, the same was agreed to.
The fifteenth section, providing that
all sums realized by the receiver in one year for his services, exceeding ten thousand
dollars, shall be paid into the Confederate Treasury, etc.

On inotion of Mr. rhomason, the same was amended by striking out

tho word ten and inserting in lieu thereof the word (five.
The same section providing that the
judges, i n settling accounts with receirers, shall make to them proper allowanres
of compensation, taking two and a half per cent on receipts, and the same amount
ou expenditures, as reasonable compensation, in all cases not attended with extraordinary difficulty or responsibility.

Mr. Rea an moved to amend the same by striking out the words

fi

not attcn ed with estraordinary difficulty or responsibility.

The ainendiiient was a reed to.
Mr. Macfarlsnd move8 to amend the bill by adding to the same the

following as an additional section, viz:

That all cases of myment in good faith, since the twenty-first of May last, by
citizens of the Confeberate States, or any of them, of debts due from them to citizens
of tho Iinited States, and of urchase 111 good faith b y the formcr of the latter of
property within any of t he tonfederate States since the date aforesaid, shall be
excepted from the foregoing provisions until otherwise provided by lam-.

Tlilr. Macfaihnd demanded the question; which was seconded, and,

at the instance of the State of Virginia, the yeas and nays of the entire
body were .ordered to be recorded thereon; which are as follows, viz:
hlahama-Nay : Messrs. Smith, Curry, Chilton, McItae, Shorter,
and Jones.
Arkansas-Nay: Mr. Johnson,

Aug. 27,1861.1

PROVISIONAL CONGRESS.

419

Florida-Nay: Mcssrs. Morton and Ward.

Georgia-Yea: Mr. Forenian. Nay: Mr. Crawford.
Imiisiana-Yea: Messrs. Conrad and Sparrow. Nay: Messrs. Perkins, De Clouct, and Kennel..
Mississippi--Yea: Blr. Brooke. Nay: Nessrs. Orr and Harrison.
North Carolina --Yea: Messrs. Davis and Smith. Nay: Messrs.
Arery and Venable.
South Carolina--Nay : Messrs. Rhett, Barnwell, Chesnut, Memminger, Miles, and Royce.
Tennessee-Yea: Rlessrs. Jones and De Witt. Nay: Messrs. Atkins,
House, and Thomas.
Texas-Yea: Mlr. Hemphill. Nay: Messrs. Reagan, Waul, Gregg,
and Oldham.
Virginia-Y ea: Xessrs. Tyler, Macfarland, Rives, Scott, Brockenbrough, and Johnston. Yea: Messrs. Seddon, W. B. Preston, Mason,
Staples, and Walter Preston.
Yea: Virginia, 1.
Nay: Alabama, Arkansas, Florida, Louisiana, Mississippi, North
Carolina, South Carolina, Tennessee, and Texas, 9.
Divided: Georgia, 1.
So the motion was lost.
The preamble of the bill being as follows, viz:
Whereas the Congress of the United States of America have lately passed a n act
prctcnding to confiwate t h e property of the people of these Confederate States
(except their slaves), and prctc.ndiny to liberate their davm; and
Whereas sucli unc.onstitutiona1 and unauthorized lcpislation evinces a determination o n the part of Paid United States to depart from tho ordinary rules of warfare
among civilized nations, and calls for retaliatory enactment by said Confederate
States.

Mr. Reagan moved to amend by substituting in lieu thereof the following, viz:
Whereas the Government and people of the TJnited States have departed from the
usages of civilized \$ ax lare i n confiscating and destroying the property of the people
of the Confederate Stateb, of all kinds, whether used for military purposes or not; and
Whereas our only protection against buch vcrongs is to be found in such measures
of retaliation as will ultimately indemnify our o ~ citizens
n
for their lowes and
restrain the wanton excesses of our enemieb: Therefore.

Mr. Curry demanded the question; which was seconded.

Mr. Chesnnt, in the chair, decided that the question was o n the
ordering the bill to be engrossed for a third reading.
Mr. Conrad rose to a point of order; that the question was o n the
imendment offered by him as a substitute for the Fill.
The Chair ruled that the substitute wxs not before the House, the
same not having [been] offered.
Mr. Conrad appealed from the decision of the Chair, and on the question,
Shall the decision of the Chair stand as the judgment of the House?
Mr. Conrad, at the instance of the State of Louisiana, demanded that
the yeas and nays of t h e whole body be recorded thereon; which are
as follow*, riz:
Alabama-Y ea: Messrs. Smith, Curry, Chilton, McRae, Shorter,
and Jones.
Florida--Nay : Messrs. Morton and Ward.
Georgia-Yca: Messrs. Foreman and Crawford.
Louisiana-Yea: Mr, Keiiner. Nay: Mr. Conrad.

420

JOURNAL OF THE

[Aug. 27, 1861.

Mississi.pi-Yea: Messrs. Orr and Harrison. Nay: Mr. Brooke.

North Carolina-Yea: Messrs. Davis, Avery, and Smith.
South Carolina-Yea: Messrs. Rhett, Barnwell, Chesnut, Memminger, Miles, and Boyce.
Tennessee-Yea: Messrs. Atkins, Currin, Caruthers, De Witt, Jones,
House, and Thomas.
Texas-Y ea: Messrs. Hemphill, Waul, Gregg, and Oldham.
Virginia-Yea: Messrs. Seddon, W. B. Preston, Tyler, Macfarland, Mason, Brockenbrough, and Staples. Nay : Messrs. Rives, Scott,
Johnston, and Walter Preston.
Yea: Alabama, Georgia, [Mississippi,] North Carolina, South Carolina, Tennessee, Texas, and Virginia, 7 [8].
Nay: Florida, 1.
Divided: Louisiana, 1.
Mr. Curry demanded the question on the engrossment of the bill.
And Mr. Conrad, at the instance of the State of Louisiana, on the
question
Will the House second the demand f o r the question?
Demanded that the yeas and nays of the whole body be recorded
thereon; which are as follows, viz:
Alabama-Yea: Messrs. Smith, Curry, Chilton, McRae, and Jones.
Nay: Mr. Shorter.
Arkansas-Nay : Mr. Thomason.
Florida-Nay : Messrs. Morton and Ward.
Georgia-Yea: Messrs. Howell Cobb, Foreman, Crawford, and
T. 1%.It. Cobb.
Louisiana-Yea: Mr. De Clouet. Nay: Messrs. Conrad and Kenner.
Mississi pi-Y e x Messrs. Brooke, Orr, and Harrison.
North arolina-Yea: Messrs. Davis and Avery. Nay: Messrs.
Smith and Venable.
South Carolina-Yea: Messrs. Rhett, Barnwell, Memminger, and
30 ce. Nay: Messrs. Chesnut and Miles.
' 'ennessee-Yea: Messrs. Currin, Caruthers, and Jones. Nay:
Messrs. Atkins, D0 Witt, House, and Thomas.
Texas- -Yea: Mr. Reagan. Nay: Messrs. Hemphill, Waul, Gregg,
and Oldhani.
Vir rinia-Yea: Messrs. Seddon, Mason, Brockenbrough, and Staples.
Nay: klessrs. W. 15. Preston, Macfarland, Rives, Scott, Johnston, and
Walter Preston.
Yea: Alabama, Georgia, Mississippi, and South Carolina, 4.
Nay: Rrltstnsas, Florida, Louisiana, Tennessee, Texas, and Virginia, 6.
Divided: North Carolina, 1.
So the demand for the question was not seconded.
Mr. Oldham moved to amend the bill by adding to end of the last
section the following, viz:

Prokfed, That nothing contained in this act shall in any wise impair or interfere
with any right, cslaim, debt or demand, mortgage, judgment, or other lien owned and
held by any citizen or citizens of any of the Confederate States against any citizen or
citizens of the United States nor prevent satisfaction of the same out of any property
of such debtor, debtors, or out of the specific property bound by such mortgage or
other lien, wherever the same may be found within the limits of the Confederate
%ks, but that in all such cases all the property, both real and personal, owned by
such debtor or debtors within the Confederate States shall be subject to the payment
Of the debt O r debts aforesaid, and shall be subject to seizure by atbcll1nent or such
other proceus as may be prescribed by the laws ol the State in which the same may

Aiig. 27, lS6l.l

PROVISIONAL CONGRESS.

421

be found; and such creditor or creditors may prosecute his said right, claim, debt,
or deiiiancl to jutlgriient in any court having jurisdiction thereof, and may have
a M rit of execution or other proper process requiring the sale of said property for the
satisfaction of said judgment, i n accordance with the laws of such State, and the
holder and onner of such mortgage or other lien may institute his snit in any court
ha\ ing jurisdiction thereof for the forec*losureof such mortgage or the enforcement
of such lien and prosecute the Fame t o jridgment and execution for the satisfaction
thereof. And all judgment cwditors as aforesaid may have execution of their said
judgments against the property of the judgment debtor found within the jurisdiction
of the court rendering such judgments, and t h e title of t h e purchaser or purchasers
undcr all such sales as aforesaid shall b e valid, notwithstanding the passage of this
act. And should there be a n overplus of money arising .froin t h e proceeds of said
sale after the payment of such execution and all costs arising thereon, such overplus
shall be paid, by the officer executing such writ, into t h e hands of the receiver:
Provided jtwLl.th~~,
That such creditor shall institute his suit within twelve months
after t h e passage of this act and prosecute the same n i t h due diligence to final
satisfaction.

Mr. Oldham dcmanded t h e question; which was seconded, and

Mr. Thomason, at t h e instance of the State of Arkansas, demanded
that the yea!$ and nays of the entire body be recorded; which are as
follows, viz:
Alabama-Nay : Messrs. Smith, Curry, Chilton, McRae, Shorter,
and Jones.
Arkansas-Yea: Mr. Thomason. Nay: MY. Johnson.
Florida--Nay : Messrs. Morton and M'ard.
Georgia---Tea: Mr. Howell Cob1). Nay : Messrs. Formian, Crawford, and T. R. It. Cobb.
Louisiana-Yea:
Messrs. Coinad and Smrrow. Nav: Messrs.
De Clouet and Kenner.
Mississippi-Yea: Messrs. Brooke, Orr, and Harrison.
North Carolina--Yea: 3'lessrs. Davis and Smith. Kay: Messrs.
A w r y and Venable.
South Carolina-Yea: Mr. Chesnut. Nay: Messra. Rhett, Barnwell, Memminger, Miles, and Boyce.
Tennessee-Yea: Messrs. Atkins, Caruthers, De Witt, Jones, House,
and Thomas. Nay: 34r. Currin.
Texas-Yea: Messrs. Hemphill, Waul, Gregg, and Oldham. Nay:
Mr. Reagan.
Virginia-Yea:
Messrs. Macfarland, Rives, and Brockenbrough.
Nay: Messrs. Seddon, WT. 13. Preston, Scott, Mason, Johnston, Staples,
and Walter Preston.
Yea: Mississippi, Tennessee, and Texas.
Nay: Alabama, Florid&, Georgia, South Carolina, and Virginia.
Divided: Arkansas, Louisiana, and North Carolina.
So the amendment was not agreed to.
Mr. Orr then demanded the uestion on ordering the bill to be
engrossed for a third reading; w ich was seconded; and the bill was
ordered to be engrossed for a third reading.
Mr. Conrad moved to lay the bill on the table.
Mr. Mernminger called the question; which was secondcd; and the
question being put, the motion was not agrccd to.
Mr. Brooke rose to a question of privilege, and demanded that the
bill should bc engrossed before its third reading.
Mr. Chesnut, being i n the chair, ruled and decided that, the Congress having ordered the bill to be engrossed for a third rcading, the
bill must now receive its third reading.
Mr. Reagan appealed from the decision of the Chair.

4h

422

JOURNAL OF THE

bug. 27,1861.

And the question being put,

Shall the decision of the Chair stand as the judgment of the House?
The same was decided in the affirmative.
Mi*. Brooke moved to reconsider the vote by which the bill mas
ordered to be engrossed for a third reading.
The motion mas not a reed to.
The bill was then rea a third time, and Mr. Curry called the question, which was on the passage of the bill; and the call being seconded,
the question was put, and the bil1,passed.
Congress then resolved itself into executive session; and having
spent some time therein, resumed legislative session; and
On motion of Mr. Walter Preston,
Adjourned until 10 oclock to-morrow morning.
I

A?

EXECUTIVE SESSION.

Congress bcing in executive session,

The Chair presenCed a communication from the President, nominating, for the advice and consent of Congress, in the Provisional Army
of the Confederate States:
To be assistant adjutant-general, with the rank of major-Ambrosio J. tionzales,
South Carolina; R. H. Riddick, North Carolina.
Assistant adjutant-general, w i t h the rank of captain-G. C. Brown, Tennessee;
R. H. Anderson, jr., Georgia.

Also a communication from the President, nominating, for the advice

and consent of Congress, in the Army of the Confederate States:
ADJUTANT-GENUHALS

1)EPARTYENT.

Lieutenant-colonel.

H. H. Chilton, Virginia.
-

Captain.

T. A. Washington, Virginia.
SUBBIsTENCE DEPARTMENT.

Colonel.

Lucius B. Northrop, South Carolina.

R. B. Lee, Virginia.

Lieutenant-colonel.

Majors.
George W.Lay, Virginia; William B. Blair, Virginia.

Captains.
T. G. Williams, Virginia; Theodore Lewis, Louisiana.
MEDICAL 1)EPARTMENT.

iS7~rgew~s.

~arntielP. Moore, South Carolina: David C. De Leon, South Carolina; Charles

W. Johns, Maryland;
William W. Anderson, South Carolina; IClisha Y. Langworthy, Texas.; Thomas H.
Williams, Maryland; Lafayette Guild, Alabama; Francis Sorrel, Georgia.
11, Smith, Virginia; John M. Haden, Mississippi; Eklward

Ang. 27,1861.1

PROVISIONAL CONGRESS.

423

Assistant suryeons.
Andrew J. Foard, Georgia; Richard Potts, Maryland; Robert L. Brodie, South
Carolina; Xathaniel S. Crowell, South Carolina; Asa Wall, Virginia; Charles BreKer,
Maryland; James H. Berrien, Georgia; Edward N. Covey, Maryland; David P.
Ramseur, North Carolina; J. J. Gaenslen, Virginia.
CORPS O F EiSGINEERS.

Major.
Martin L. Smith.

Caplain.

George W. C. Lee, Virginia.

CORPS OH ARTILLERY.

Lieutenant-colonels.
J o h n B. Magruder, Virginia; Josiah Gorgas.
Majvrs.
Edward C. Anderson, Georgia; Arnold Elzey, Maryland; Samuel S. Anderson,
Virginia; John C. Iemberton, Virginia; George W. Rains.
Captain&
Caleb Huse; James L. White, Florida; Benjamin C. Yancey, jr., Alabama; Thomas
M. Jones, Virginia; Charles 8 Winder, Maryland; Snrith &anShllry, 3Iaryland;
; Julius A. de Lagnel, Virginia;
Samuel Jones, Virginia; John Y llcCon n, Tenne
Lardnw Gibbon, North Carolina; drniistratl I,. Long, Virginia; James Deshler,
Alabama; B. 31. Cnylcr, Georgia; Anderson Merchant, Virginia; William N. Pendleton, Virginia; John A. Brown, Maryland.

First lieutenants.
Horace Randal, Texas; Robert C. Hill, Sorth Carolina; Robert H. Anderson,
Georgia; George A. Cunningham, Alabama; Janies Howard, Maryland; Abner
Smead, Georvia; John Pegram, Virginia; Samuel M. Cooper, Virginia; Daniel Trueheart, Virgigia; Theodore >loreno, Florida; Jos. A. Yates, South Carolina; James
E. Slaughter, Virginia; John S. Sauntlers, Virginia; ti. 13. Hill, Sorth Carolina;
Wade H. Gibbs, South Carolina; Benjamin Allston, South Carolina; M. H. Wright,
Tennessee; William Proctor Sinith, Virginia; C. R. Collins, South Carolina; Jasper
Whiting, Georgia; Robert B. Thomas, Florida; George U. Mayo, Virginia; J. R.
Waddy, Virginia.
Second lieutenants.
Franklin De Barry, Florida; Willis Wilkinson, South Carolina; John J. Garnett,
Virginia; Alexander D. Moore, North Carolina; Robert A. Talley, Virginia; Zaddock
T. \Villett, Texas; James P. Parker, h o u r i ; David G. White, Maryland; Nathaniel
R. Chambliss, Tennessee; IVilliam F. Niemeyer,TVirginia; Paul F. Faison, North
Carolina; Clarence Derrick, Virginia; George 0.V atts, Kentucky; 1%.
1%.McCreery,
Virginia.
CORPS O F CAVALRY.

Colonel.
Earl Van Dorn, ilIississippi.

Lieuf ennnt-colonel.

E:. Kirby Smith, Florida.

Major.

Kathan G . Evans, South Carolina.

Captains.
William R. Bradfute, Tennessee; Thomas H. Taylor, Kentuck James McIntosh,
Florida; Robert Johnston, Virginia; George 1. Steuart, MarylanJ: Charles W.Field,
Kentucky; Walter H. Jenifer, Xaryland; Dabney H. Maury, Virginia; W.D. De
h i s s u r e , South Carolina; John Adams, Tennessee.

[Aug. 27,1861.

First lieutenants.
Charles W. Phifer, Mississippi; James P. Major, Texas; Edward Ingraham, Miss k i p p i; George B. Cosby, Kentucky; John B. Hood, Kentucky; John T. Mercer,
Georgia; JohnC. Mullins, Mississippl; L. L. Lomax, Virginia; S.
Ferguson, South
Carolina.
Second lieutenants.

w.

Andrew Jackson, jr., Tennessee; John W. Smith, Florida.

CORPS OF INFANTRY.

Colon&.

W. W. Loring, Florida; Theophilus H. Holmes, North Carolina.

Lieutenant-colonels.
Robert S. Garnett, Virginia; Prince Camille d e Polignac.

Majors.
Sackfield Maclin, Tennessee; William %I. Gardner, Georgia; J o h n Tyler, jr.,
Virginia; Carter L. Stevenson, Virginia; W. D. Smith, Georgia.

Captains.
Jos. F. Minter, Vir inia; Lawrence OBannon, South Carolina; Henry Heth, Vir!p
iqGeorge C. Gibts, South Carolina; Constantine Rae, Misshippi; William T.
tockton, Florida; John M. Jones, Virginia; John Archer, Texas; William 13. Baldwin, Mississippi; Thomas I<.Jackson, South Carolina; Charles H. Tyler, Yirginia;
E. D. Blake, South Carolina; A. B. Gray, South Carolina; Thomas Claiborne, jr.,
Tennessee; Thomas Jordan, Virginia; Robert J. Morrison, Virginia; J. Lucius Cross,
Florida; Henry Little, Maryland.
First lieutenants.

Jm. K. McCall, Tennessee; Matthew L. Davis, North Carolina; Walter Jones,

Virginia; A. M. Haskrll, Maryland; Henry 1. Walker, Virginia; David II. Todd,
Jm&iana; John Johns, Virginia; Thomas Overton, Louisiana; William Knox, jr.,
Alabama; Janies A. Smith, Tennessee; Waters W. Herbert, South Carolina; John 1,.
Branch, Georgia; George G. Garner, Georgia ; Towson Ellis, Louisiana; Junius A.
Law, Alabama; 13enjamin Huger, Sonth Carolina; Peyton Randolph, Alabama;
L. Quinton Washington, Virginia; John R. Cooke, Missouri; Leroy Napier, jr.,
South Carolina; Lucius L. Rich, Missouri; John Ci. Taylor, Kentucky; Henry B.
Kelly, Louisiitna; F. C. Zacharie, Louisiana; L. G. Hoxton, Tennessee; Charles E.
Patterson, Arkansas; W e b Smith, Virginia; George Jackson, Virginia; F. S. Arinistex1,Viqinia; A. E. Steen, Missouri; 0. I<. McLemore, Alabama; J. H. Hill, Alabama; W. F. Lee, Virginia; John 0. Long, North Carolina; W. Orton Williams,
Virginia; Edmond Taylor, Virginia; J. 8. Marmaduke, Missouri; Lawrence S. Baker,
North Carolina; (i.Thomas Oetty, Virginia; Walter 11. Taylor, Virginia; Dudley M.
Du Bose, Georgia; A. S. Cunningham, District of Columbia; Oscar White, Florida;
Nathaniel Wickliffe, Kentucky.
Second lieutenants.
Edward Powell, Grorgia;.I?arold Borland, Arkansas; W. W. Bickell, Alabama;
Richard C . CrrifSth, Mississippi; W. H. Porter, South Carolina; Charles A. Forsgth,
District of Columbh; John Hirney, Alabama; Robert W.Atkinson, Georgia; W. 0.
Archer, Virginia; 1 . T. M. Harries, District of Columbia; William T. Withers, 3Iissksippi; Ste hen A. Moreno, Florida; Arthur Clayton, Mississippi; Charles M.
Wooper, hlatama; John W. Cooper, Alabama; Waller R. Bullock, Kentucky; Jos. A.
Alexander, Georgia; T. W. Blount, Texas; Thomas T. Grayson, Mississippi; Isaac
Eyams, Louisiana; J. H. Bolman, Tennessee; R. H. Riddick, North Carolina; Jesse
S arks, TexRs; T. Spaulding McIntosh, Georgia; James Raltzell, Texas; Theodore 0.
Ciestaey, District of Columbia; Thomas Madden, Texas; ,James M. Keeble, Tennessee; H. 1). Garden, Texas; George Hanipton Smith, Tennessee; ,John Hemphill
Dickens, Texas; Bobert W.Heyworth, Texas; William ICemp Tabb, Virginia; Dun-

AUg. 27,1861.1

PROVISIONAL CONGRESS.

425

can C. Baywood, North Carolina; Charles M. Graham, Korth Carolina; John Lee,
Virginia; Charles M. Lumpkin, Georgia; J. Hamilton Worley, South C?ro!in?;
Alfred P. Lncas, Georgia; RI. M. Lindser, Mississippi; John S. Lanier, Mississippi;
W. H. Harris, MisSissippi; Winfield C. Worthington, Mississippi; William E. D w ,
Virginia; C. Trvine Walker, South Carolina; Henry S. Foote, jr., Tennessee; Joseph
D. Ikyers, Missiwippi; Henry K. Washburn, Georgia; James G . Cowan, Alabama;
Philip B. Gpence, Tennessee; Thomas Bush, -4labama; Henry M. Rutledge, South
Carolina; George D. Wke, Tirginia; William Tyler, Virginia; George S. Lovejoy,
Korth Carolina; George W.McKee, Kentucky; Richard 1%.
Booker, Virginia; Charles
E. Bowman, Florida; OIin F. Rice, Kentucky; Charles B. Campbell, Missouri; George
A. Thornton, Virginia; Ladislas Wankowicz, Louisiana; John I. Snowden, Maryland; William K. Bradford, Narylnnd; J. N. Lipscomb, Maryland; William 1. Morgan, Virginia; John A. West, Georgia; Ebenezer NcE. ROSS,Tennessee; William H.
Browne, Virginia; John W.Lea, Mississippi; James Dearing, Virginia; E. M. Dabney, Virginia; W. A. Harris, Vir inia; W. E. Hill, Virginia; S. P. Kerr, Virginia;
E. B. Goode, Virginia; E. G. Mokler, Virginia; B. F. Bishop, Virginia; J. Barroll
Washington, Maryland; G. A. Henry, jr., Tennessee; R. A. Chambers, Georgia;
Johnson Hagood, Georgia; Charles H. Brown, Maryland; W. V. Taylor, Xrginia;
H. S. Duval, Florida; C . L. Jackson, Mississippi; Horace D. Twyman, Virginia; John
D. Payne, Virginia; Jos. M. Mason, jr. ,Virginia; Lawrence Lewis Butler, Louisiana;
W. W. Revely, Vir@nia; L. M. Butler, Florida; S. F. bdams, Kentucky; Thomas K.
Fauntleroy, Virgmia.
MILITARY ST0RP:KEEPERS.

TWli tlre p q of cuplain.

C. G. Wagner, South Carolinrt; F. C. ITumplireys, Georgia; J. E. P. Dangerfield,
Arkansas; W. S. 1 1 0iiei,
~ Virqinia.
v c t h the p q ( f ~ i r slieutenant.
t

W.N. Smith, District of Columbia; Richard Jmnbert, Louisiana.

CADETS.

George TV. Clayton, North Carolina; Villiam R. Jones, Virginia; George L. Gillespic, Tennessee; Thoinas Rowland, Virginia; Richard 31.Nelson, North Carolina;
William E. Gibson, Virginia; Leonce N. Olivier, Louisiana; Colin RlclZ. WeatherIy,
Korth Carolina; John Taliaferro, Virginia; William Lewis, Missmippi; Burdett A.
Terrett, Virginia; Robert F. Dancy, Florida; Frederick Stafford, Alabama; Ren&T.
Beauregard, Louisiana; Edward Dargan, Alabama; Henry Jatksoii, Georgia; G. D.
Laniar, Georgia; William A. Obenchain, Virginia; 1i:chard El. Christian, Virginia;
Edward T. Freeman Virginia; P. P. Dandridge, Virginia; William '3. Raller, Virginia; Thomas Harrhon, Mississippi; A. R. Magruder, Virginia; Joseph Johnson,
Alabaiiia; John 31. McNab, Alabania; Lewis M.Gamble, Florida.

On motion of Mr. Crawford, the nominations were referred to the

Cormnittee on Military Affairs.
Mr. Waul moved to print the lists of nominations; and the vote
thereon ha&g been taken, resulted, viz:
Yea: Florida, Tennessee, Texas, and Virginia, 4.
Nay: Alabama, Georgia, Louisiana, Mississippi, North Carolina,
and South Carolina, 6.
Divided: Arkansas, 1.
So t h e motion was lost.
On motion of Mr. Perkins, the Secretary of Congress was instructed
to make out a list of appointments for each State, respectively, and
present to the delegation from each State the list of appointrncnts
from said State.
On motion of Mr. Crawford,
Congress rcsumed legislative session.

JOURNAL OP THE

426

THIRTY-FOURTH DAY-WEDNESDAY,

[hug. 28,1861.

AUGUST28, 1861.

OPEK SESSIOS.

Congress met pursuant to adjournment, and WLS opened with prayer

by the Rev. Bishop Early.
Congress then resolved itself into secret session.
SECRET SESSION.

Con ress being in seuret session, resumed the consideration of the

unfinis ed business of the morning hour of yesterday; which was the
consideration of the amendment offered to the bill by Mr. Chilton, to
establish certain ost routcs therein named, the amendment being as
follows, to wit: $0 insert after the word Georgia the following
words, to wit:

Also, that a post route be established from Calhoun, on the Alabama and Florida
Railroad, in the county of Lowndes, in the State of Alabama, to Benton, in said
county, through Mount Willing and Gordonsvillc. Also, a post route froin Clarkesville, in Mecklenburg County, Virginia, to Broumsville, in the State of North Carolina; and also from Mullins, in Alabama, to Lime Kiln, via Campbells Zloine; and
also, a post route from Louisville, i n the county of Winston, to Vaiden, in tllc county
of Carroll, i n the State of Mississippi.

The amendment was agreed to.

Mr. Chilton moved further to amend by adding the following words,
to wit:
Also, from Morganton, in Barkc County, North Carolina, to Johnsons Depot, in
Tennessee; and also, from Wilmington, North Carolina, to Wadesboro, via Wilmington, Charlotte ant1 Rutherford Railroad.

The amendmelit was agreed to.

Mr. Thomason moved to amend by adding tlie following words, to
wit: From Clarksville to Spadra Bluff, in Johnson County, Arkansas.
The amendriicrit was agreed to.
Mr. Awry riiovcd to amend by adding the following*words, to wit:
Also, from .Jeffcrsoii, Asho County, North Cawlina, to Marion,
Smyth County, Virginia.
The amendniont was agrccd to,
And the bill was ongro d as tlmcnded, r ( d n third time, and
passed.
Mr. Conrad moved to micnd thc Journal by inserting i n the Journal, irnmt:distely after tlie place whcre the d ournal shows Congress to
have proceeded to the consideration of the bill providing for the sequestration of the ebtatcs arid property of alien enemies, the following, Lo
wit:
Mr. Conrad nioved to amend by offeiing as a sribstitutc for the bill, the following,
to wit:
Srcc.r~ox3 . Tile (on!~i~ras
qf Ute Ci?i~~tl(i.crle,Slatc.s
d o enncl, That all property, of every
description, X)cloiiging, in wholc [or in] part, to citizens ot the United States that
now is or ticreafter niay bv within the 1imit;l of the Confederate States, shall be
rctaind in order t o constitute ii fund to be applied in x u c h iiianncr and on such conditions as Congress iimy liorcafter direct, to the indemnification of Ruch citizens of
these Rttktes a8 have t3uytaitied 01 inay hereafter sustain lobs or damage by depredations or :I destruction of their property, or by other bwlesr acts of the enemy during
the existing war.
SBC-.2. That i t shall be the dnty of the niarshalt of the several districts, as soon as
p r a ( t id l0 after the passage ol this act, to nmkr, under the direction of the Secretary
of the Treasury, careful and correct lists of all ltinds, tenements, goods and chattels,

hug 28,i86i.j

PROVISIONAL CONGRESS.

427

rights and credits, and property of every description \vliatsoexrer, so far rn they can
discover the same, belonging or supposed to belong to citizens of the United States
v ithin t h e limits of such districts, spec~if)iiig the nature and the estimated value
thereof, the iianies and residerice of the owners, or, if a debt or chose in action, of
the debtor and creditor thereof; if real estate, the situation and extent thereof,
together with such further information as may conduce to a correct understanding
and estimate thereof, a hich lists or estimates shall be transmitted by the said mardials to t h e Secretary of t h e Treamry.
SEC. 3. Until Congress shall otherwise direct, no property of any description in
possession or re\ er-ion within t h e limits of these States, belonging to citizens of the
United States, shall bc sold, transferred, or conveyed, and all sales, transfers, or
alienations of such property made subsequently to the passage of this act shall be
null and void.

Mr. Atkins called the question; which mas seconded, and

Mr. Conrad, at the instance of the State of Louisiana, demanded
that the yeas and nag? of the whole body be recorded; which are as
follows, to \\it:
Alabama-Nay : Messrs. Smith, Curry, Chilton, McRae, Shorter,
and Jones.
Arkansas-Nay : Messrs. Johnson and Thomason.
Georgia-Nay : Messrs. Howell Cobh, Foreman, Crawford, Wright,
and r. it. R. ~ o b h .
Louisiana--Yea: Mcssrs. De Clouct, Conrad, Ihnner, and Sparrow.
Mississippi: Yca: Nr. Bi.ooBe. Kay: Mr. I-larrison.
North Carolina-Kay : 11 rs. Ihris, d r c r y , Smith, and Tenable.
South Carolina -Nay : nlcssrs. Ciicsnut, Miles. and Boyce.
Tcnncssecl--Ycn: M i . Currin. S ay: Messrs. htkins, Caruthers,
De JYitt, House, and Ihonins.
Trxas-Nay : hlessrs. Wi~u1and Gregg.
Virginia- -Yea: Mr. Scott. Say: MeshrY. Seddon, W. R. Preston,
Tyler, Macf arland, Mason, Brockcnbrough, Johnston, and Staples.
Yea: Louibiana, 1.
Nay: Alabama, Arkansas, Georgia, North Carolina, South Carolina,
Tennessee, Trxm, and Virginia, 8.
Divided: Mississippi, 1.
Mr. Thomason oflered the following resolution and niovcd its adoption, to wit:
Resoleed, That the Committee 011 Indian Affairs IJP instriicted to inquire whether
any, and if so what, treaties h a r e been n x d e with any of the Indian tribes, and if
so, with which of thein; a n d a hcther any, anti il so what, legislation is necessary
in consequence thereof; ant1 that thciy have leave to report a t such time and in such
manner as to thwii chall ~ C C I Tproper.
~

The resolution was read and not agreed to.

Mr. Norton introdiicccl
A bill 0 he entitled An act to givr aid to the State of Florida:
which was read first and second times and, on his own motion, was laid
011 the table.
Xr. T. R. It. Cobb introduced and asked the pzssage of
A bill to authorize the appointment of an additional number of
cadets in the Army of thc Confederate States;
which was read first and second times and, 011 motion of Mr. Curry,
was referred to the Comrnitke 011 Military Affairs.
Mr. Venable offered the following 1-csolution; which was read and
referred to the Committee on Aiilitary ABairs, to wit:
Where% under the authority of some of the States drillmasters were attached to

various regiments; and

"

428

900XNAL OF TUE

[Aug. 28,1861.

Whereas such offirms are not recognize? by t h e l a w of theConfeclerate States a nd

consequently were not mustered into servlce; and
Whereas Feveral of such dri1lmastm-s haye nevertheless continued to do effective
service voluntarily with their respective regimenb: Therefore,
Resolved, That such drillmasters be granted an honorable discharge whenewr they
shall apply therefor..

Mr. Rhett offered the following resolution; which was read and
agreed to, to wit:
Resolved, That the injunction of secrecy be removed from the resolutions adopted
by this House relative to the alleged hanging of South Carolina captives arid other
cruelties of the C n i k d States authorities, with t h e answer of the Executive thereto.

Mr. Hemphill offered the following resolution; which was read and
agreed to, to wit:
Resolved, That the Doorkeeper be authorized to purchase stationery for the use of
Congress, and that the sum of two hundred dollars from the contingent fund of Congress be appropriated for that purpose.

Mr. Mason moved that Congress take up for consideration a bill on

the Calendar entitled
An act to rohibit the exportation by sea of any article being the
produce of tPle Confederate States during the period therein mentioned.
And thevote having been takcn thereon by States, resulted as follows, to wit:
Yea: Alabamst, Arkansas, Florida, Tennessee, and Virginia, 5.
Nay: Georgia, North Carolina, South Carolina, and Texas, 4.
Divided; Louisiana and Mississippi, 2.
So the motion was not agreed to.
Mr. Seddon moved to take up for considciation a bill on tlic Calendar entitled
An act to perpetuate testimony in cftses of slaves abducted or harbored by the enemy, and of other property seized, wasted, o r destroyed
by them,
The notion was not sgreed to.
Mr. Brockcnbrough, from the Committee on the Judiciary, reported
and recommended the passage of
A bill to authorize the appointment of special marshals, and for other
purposes ;
which was read first and second times.
Mr. Foreman inovcd to strike out all of the bill after tho first section; which is as follows, to wit:
SEC.2. .Re it.furtlier eizacltd, That power is hereby vested in the President of the
Confederate States, upon the certificate of a judge of the Confederate States showing
the necessity of such i ~ i e~ s u rto
e, organize volunteer police force, in, such nuniber as he shall deem necessary, to aid such court or judge in the due execntion of
the authority conferred by the preceding Pertion, and to provide for the use of such
force whensoever tlie court or judge may require it, or thc sanm may be called upon by
an oficcr or other person acting under thc authority of such court or judge; and the
compensation of such volunteer police for services rendered in any such case shall
be provided for by an allowance of the said court or jndge entered" of record: Provided, That this act shall not supersede any law authorizing, in such cases, the use
of the military force of tlie Confederate States, or of tlic militia, or the right to call
for tlie osse coinitatus under any law now in force: Prowided also, That the compensation afiowecl to snc*hvolunteer police force shall not exceed two dollars per diem
each, while actlially employed in thc perforinance of the duties hereby prescribed,
and mileage a t the rate of five cents per mile for the distance actually traveled over
the usual route.

The motion was not agreed to, and the bill was engrossed, read third

time, and passed.

Aug. 28, lh61 I

PROVISIONAL CONGRESS.

429

Mi*. Uarnwell, from thc Committee on Finance, to whom was

referred
A bill to hc, entitled An act to admit certain articles free of duty
during the war; and also
A bill entitled An act to establish a bureau in connection with the
Treasury Department, to be called tJhe Bureau of produce Loan, and
to proT-ide for so disposing of the cotton crop of the Confederate
States as shall beat condnce to the public defense during the war,
reported the same back, that the committee deemed legislation on t h e
subject inexpedient, asked to be discharged from their further cond e r a t i o n , arid that the bills lie on the table; which was agreed to.
Mr. Milcs, from the Conimittcc on Military Affairs, reported and
recommended the passage of
A bill to authorize the President to inflict retaliation upon the persons of prisoners;
which was read first and second times and, on motion of Mr, Conrad,
was placcd on the Calendar and ordered to be printed.
Mr. Miles, from the same committee, to whom was referrod
A resolution of inquiry relative to the establishment of movable
hospitals,
reported the same back, asked to be discharged from its further
consideration, and that the resolution lie on the table; which wits
agreed to.
Mr. Chiltori moved to take up for consideration a bill on t h e
Calendar
To collect for distribution the nioneys remaining in the several postofices of the Confederate States at the time the postal service was
talien in charge hy said Government.
The motion was agreed to, aiid Congress proceeded to the consideration of the bill.
The second section of the bill being under consideration; which is
as follows, to wit:
Sw. 2. The moneys so received shall be kept separate and distinct from the other
funds of th e Post-Office Department, and shall constitute a fund for the liquidation
of claims for postal service which accrued before the first day of June, eighteen hundred and sixty-one, as may hereafter be provided.

The committee moved to amend by striking out the word liquidation and inserting in lieu thereof the words pro rata payment.
The amendment was agreed to, and the section as amended reads as
follows, to wit:
SEC.2. The moneys so received shall be kept Peparate and distinct from the other
funds of the Post-Office Department, and shall ( onstitute a fund for the pro rata payment of claims for postal service which accrued before the Postmaster-General took
charge of the postal service in the States respectively composing this Confederacy, a8
may hereafter be provided.

The third section being under consideration, the cominittee nioved

to amend by inserting after the word States the following, to wit:
and they shall also state, on oath, whether they performed fully the service according t o their contracts or appointments during the time for which they claim pay, and
if not, I\ hat partial service they did perform, and what deductions have been made
from their pay, so far as they know, on account of any failure, or partial failure, to
perform such service.

430

JOURNAL O F THE

[ A w . 28,1861.

The amendment was agreed to, and the section 51s amended reads as
follows, to wit:
SEC.3. It shall be the duty of the Postmaster-Gene@ to n?ake proclamation that
all persons who are citizens of the Confederate States ot America, arid who may have
rendered posh1 service i n any of the States of thls Confederacy, under contracts or
appointments, made bv the United States Government before t h e Confederate States
Government took charge of such seroice, shall present their claims to his Department, verified and established according to such rules as he shall prescribe, by a time
therein to be set forth not lew than six months, and requiring t h e claimant to state,
under oath, how much has been paid to him ai!d the. date.of such payments, on
account of the contract or appointment under mhlch said claim occurred, and what
fond or provision has been set apart or made for the further paylllent of. the whole
or any portion of the balance of such claim, by the Government of the Unlted States,
or of any of the States; and they shall also state, o n oath, a h e t h e r they performed
fully the service according to their contracts or appointiiients, during the time for
which they claim pay, and if not, what partial serrice they thd perform, and what
deductions have been made from their pay, so far as they know,, on account of a n
failure, or artial failure, to perform such service; and the Postmaster-General
as soon as Re shall have collected such moneys from said postmasters, and ascertained
the amount of claims against the Post-Office Department, and the amount received
respectively by the claimants as aforesaid, and the provisions, if any, for future
payment, make a report of the same, so that future action may be taken thereon ag
respects the distribution.

shalt

And the bill as amended was engrossed, read third time, and passed.
Mr. De Clouet, from the Committee onAccounts, reported and recommended the passage of the following resolution, to wit:
ResoZwd, That the sum of two hundred dollars be paid to R. H. Wynne, the Doorkeeper of Congress, as additional compensation, in conseqnence of t h e increase of
duties devolving upon that officer by the removal of the capital to this city and the
increase of members to this body.

Mr. Shorter inoved to amend by striking out two hundred dollars

and inserting in lieu thereof the following words, to wit: the same
mileage as allon~edmcmbers of Congress.
The snicndment was not agi-ced to.
Mr. Wright moved to amend by inserting after the word Doorkeeper the words thc Secretary, Assistant Secretary, Journal Clerk,
and Messenger, each, out of the contingent fund of Congress.
The xmendmcwt was agreed to, and the resolution as amended was
b
to wit:
agreed to and is i ~ followa,
Resolved, That the sum of two hundred dollars be paid to R. H. Wynne, the Doorkeeper, and the Secretary, Assistant Secretary, Journal Clerk, and Nessenger of
Congress, each, oul of the contingent fund of Congress, as additional compensation in
consequenco of the inweaso of dutics devolving upon those officers bv the removal
of the capital to this city and the increase of the members of this body.

Mr. Conrad asked to be discharged from the duties of the committee of five t o esamirie into the Qunrterniasters, Commissary, and
Medical Departnients, and report if any change was needed in the laws
and regulations relating to said de nrtments.
The discharge was granted, anc? the Chair appointed in his place
Mr. Atkins.
The Chair presented a communication from the Secretary of the
Trcasury, estiniating for the transportution of Treasury notes from the
seat of governmcnt to the viwioos places at which they are to be disbursed, (.ither by the disbursing officers or by the Department of the
Treasury; which was read and referred to the Committee on Finance.
Mr. I-lemphill introduced
A bill to make disposition of certain railroad iron;

Aug. 28, 1861 1

P K O ~ T S I O N A I i CONGRESS.

431

which was read the first and second times and referred to the Committee on Finance.
Coiigress proceetltd to the conhideration of bills 011 the Calendar,
and the first bill in order being
A bill providing ptnaltiw for violating the p r o v i s i o n s of an act
approved May 21, 1861, to authorize certain debtor:: to pay the
amounts due by them into the Treasury of the Confederate States;
which was, on motion, laid on the table fo r the present.
The next bill i n order being
A bill to provide f or authenticating claims for money against the
Confederate States not otherwise provided for.
The same v a s engrossed, read a third t h e , and passed.
The next bill i n order being
A bill to amend an act to establish a patent office, and to provide
for the granting and issue o f patents for new and useful discoveries,
inventions, improvements, and designs, approved May 21, 1861.
The same was engrossed, read a third time, and passed.
The next bill in order being
A bill to provide for the defense of the Mississi pi River,
And the second section thereof having been r e a x as follows:
The.surn of eight hundred thousand dollars is hereby appropriated for carrying t h e
forrgoing pro\ i~ionqinto effect.

On inotion of A h . Conrad, the 5ame wa5 stricken out.

The bill as anicndcd was engrossed. read the third time, and passed.
The next bill in order being
A bill to authorize the irilprcssnient of property in certain cases,
The first section of the bill authorizing the impressiiient of property
of citizens of the Confederate States, or of the United States, in certain cases, for the public service.
On inotion of Xr. Conrad, the words .the public service were
stricken out and the words military or naval wrviees were inserted
in lieu of the same.
The four t h section, providing that
I n caw it should appear that the property impressed had been transferred by an alien
enemy to a citizen of the (onfederate States, such trander shall be deemed fraudulent and shall haTre no effect 60 Par as regards t h e execution of this act, unless it shall
be proven to the satisfaction of the President or commanding officer aforesaid to have
day of
been made in good faith and for a wluable consideration paid prior to the
, eighteen hundred and sixty-one.

On motion of Mr. Conrad. the bmie wab amended by filling the first
blank with the words twenty-first and the second with the word
May.
The bill as amended was engrossed, read a third time, and passed.
The next bill i n order being
A bill t o amend an act to establish a patent office, and to provide fo r
the granting and issue of patents f o r new and useful discoveries,
i w e n tions, improvements, and designs,
Mr. Broolre iiiovcd to amend by striking out all after the enacting
clause; which is as follows, Triz:
That the Comiiiisqioner of Patents shall not be required to appoint examiners of
patents, as prol&led in the second section of the above-recited act, until the condition of t h e patent fund shall authorize the same, but may, instead thereof, with the
approval of the Attorney-General, appoint such assistant examiners as the business
of the Patent Office may require, a t an annual salary of fifteen hundred dollars.

432

JOURNAL OF THE

Mug. 28,1861.

SEC.2. B e it further enacted, That the Commissioner niay, with like approval,
appoint a messenger for said office, at an annual salary of thrce hundred and sixty
dollars.
SEC.3. Be it further enacted, That this act shall be in force from and after its passage.

And inserting in lieu thereof the following, viz:

That t h e Cominissioner of Patents, with the approval of the Attorney-General,
shall have power to appoint, in addition to the examiners of patents provided by t h e
second section of the above-recited act, such assistant examiners, at a salary of
fifteen hundred dollars per annum, as may be required to transact the currellt
business of the Patent Office with dispatch.
Sm. 2. A n d be (t,furtliw enacted, That the Commissioner, with like approval, rnay
appoint a messenger for said office, a t a salary of three hundred and sixty dollars per
annum.
SEC.3. And be it further enacted, That the Commissioner be, and he is hereby,
authorized to require applicants for patents, and all other persons with whom h e is
obliged t o correspond, or to whom drawings and other pnrers have to be returned
for alteration or correction, to deposit a sufficient siini of nioney to pay the postage:
Provided, That in no single case shall the deposit so required exceed two dollars.

The amendment was agreed to.

The bill as amendkd was engrossed, read a third time, and passed.
The next bill i n order being
A bill to prohibit the importation of articles the production or manufacture of the United States, or of other nations, into the Confedcrate
States from the United States, and to punish persons offending therein.
The first section of the bill reading as follows, viz:
That from and after the fifteenth day of August next, and pending the war now
existing between the United States and the Confederate States of Auierica, and until
i t shall otherwise he provided by law, it shall not be lawful for any person to introduce any articles, goods, wares, or merchandise, the production or manufacture of
the United States, or of any other country, into tlie Confederate States, from any portion of the United States, the following articles only excepted, etc.

Mr. Perkins inoved to amend the same by striking out the words
fifteenth day of August and inserting in lieu thereof the words
first day of bcptcnibcr.
The motion was agreed to.
Mr. Reagan moved to amend the same by adding the following proviso, viz:
ilndpr0iidedSurtl~er, That such articles as may be ordered by any of tlie Departments of Government shall be exempt from the provisions of this act.

Mr. -4tkins trloved to postpone the bill, in order to move to rescind

the resolution requiring Congress to sit until 3.30 p. m.
The motion was lost.
Air. Chcsnut moved to lay the bill and amendment on the table.
Mr. Foreman dernanded the question; which was seconded, and the
motion xvas Rgreed to.
Tho next bill in order being
A bill to extend the protection of the Confederate States to citizens
of other States i n certain cases.
The same was, on motion, postponed to third Monday, November
next.
The next bill in ordcr being
A bill to prevent invasion, wid to retaliate the treatment inflicted
upon persons in the service of the Confederate States taken prisoners
by thc United Ststes,
On motion the samc was laid on the table.
On motion of Mu. Miles, tho bill authorizing the President to inflict
retaliation upon the persons of prisoners was called up.

Aug. 26, 1661

433

PROVISIONAL COJYGRESS.

Mr. Crawford called the question; which was seconded; and the bill
was engrossed, read a third time, and passed.
Mr. Curry moved to reconsider the vote by which Congress extended
the time of adjournment until Saturday, theBlst of Au ust.
Mr. Hemphill mored to reconsider the vote by mhic the bill was
passed authorizing the President to inflict retaliation on the persons
of prisoners.
The motion mas not agreed to.
Congrcss proceeded to the consideration of the next bill on the Calendar; which \\a:, B bill from the Judiciary Committee
To perpetuate testimony in cases of slaves abducted or harbored by
the enemy, and of other property seized, wasted, or destroyed by
them.
Mr. Hemphill nioved to amend by adding the following as an additional section to the bill, to wit:

The provisions of this act shall not be construed as implying t h a t the Confederate
States are, in any way, liable to niake compensation for any of the property t o whieh
it refers.

The amendment was agreed to.

The first section of the bill being under consideration,
Mi.. Curry moved to amend the same by striking out the words
and loss.
Mr. Miles offered the following resolution; which mas read and
agreed to:
Uesolt~ed,That the Coinniittcc on Flag and Scal be instructed to inquire into the
expcdicncy of so changing t h e Confederate flag
to make it more distinctive and
more distinguished from t h e flag of the United States.

On motion of Mr. Waul,

Congress then adjourned until 10 oclork to-morrow morning.
EXECUTIVE SESSION.

Congress being in executive session,

Mr. Crawford, from the Committee on Commercial Affairs, to whom
was referred the nomination of Henry F. Hancock, to be collector of
the port of Washington, N. C., reported the same back and
recommended that Congress advise and consent to the nomination.
The report was agreed to, and Congress advised and consented to
the nomination.
Mr.Miles, from the Committee on Military Affairs, to whom was
refcrrcd, on the 1st instant, the communication of the Yresident transmitting a list of nominations for appointinents i n the Provisional
Army of the Confederate States, reported the same back and recommended that Congress advise and consent to the nominations.
The report was agreed to, and Congress advised and consented to
the nominations.
The Chair presented to Congress a communication from the President, transmitting the following nominations for appointments in the
Provisional Army of the Confederate States, viz:
EIGHTH ALABAMA REGIMENT, PROVISIONAL ARMY.

Colonel.
John A. Winston, Alabama.
John W. Frazer, Alabama.
C J-VOL
1-04-28

LieutPnant-cobneZ.

434

JOURNAL OF THE

Major.
Thomas E. Irby, Alabama.
NINTH ALABtMA REQIMENT, PROVIBIONAL ARMY.

Colonel.

Cadmus &I. Wilcox, Tennessee.

Lieutenant-colonel.

Samuel Henry, Alabama.

Major.

Edward A. ONed, Alabama.

TENTH ALABAXA REGIMENT, m o v I s I o N h L ARMY.

Colonel.

John H. Forney, Alabama.

James B. Martin, Alabama.

Lieutenant-colonel.

Major.

J. J. Woodward, Alabama.
BLEVESTH ALABAhlA REGIMEST, PROVISIONAL ARMY.

Colonel.

Sydenham Moore, Alabama.

Stephen F. Hale, Alabama.

Iieutenant-colonel.

Major.

A. Gracie, jr., Alabama.

TWELPTK ALABAMA IUCUIMENT, PROVISIONAL ARMY.

T. (. Ilintliiian, Arkansas.
J. W. Bocagc, Arkansas.
Harold Borlxnti, Arkansw.

V a n 11. Manning.

Colonrl.

T,ieufer~arlt-coloncl.

Major.

Major.

PROVTSIONAL CONGRESS.

Aug. 28, 1861.1

EIGIITR GEORGIA REGIYEST, PROVISIONAL ARMY.

Colonel.
W. 35. Gardner, to take rank July 21, 1861, Georgia.

Lieutenant-colonel.
Thomas L. Cooper, to take rank July 21, 1861, Georgia.
ilfajor.
John F. Cooper, to take rank July 21, 1861, Georgia.
TESTII GEORGIA REGIMEST, PROVISIONAL ARMY.

Colonel.
Lafayette McLaws, Georgia.
Alfred Cumming, Georgia.

Lieutenant-colonel.
Major.

John R. WCeems, Georgia.

TWELFTH GEORGIA REGIMEXT, PROVISIONAL ARMY.

CO1012Pl.
Edward Johnson, Georgia
%. T. Conner, Georgia.

Lieut~,nanl-colonel.
Major.

hbner Smead, Georgia.

SIXTEENTFI GEORGIA REGIMENT, PROVISIONAL ARXY.

Colonel.
Howell Cobb, Georgia.
Goode Bryan, Georgia.

Lieutenant-colonel.
Jfujor.

Henry P. Thomas, Georgia.

FOURTH GEORGIA RATTALIOX, YROVISION.IL ARMY.

Lieutenant-colonel.
John T. Mercer, Georgia.

Jfujor.

J. J. Morrison, Georgia.
SISE TE EST H &lISSISSIPPI REGIXENT, PROVISIONAL ARMY.

Lolonel.

C. H. Mott, Mississippi.
L. &. C . Lamar, Jlississippi.

Lieutenant-colonel.
Major.

Benjamin Allston, Xississippi.

TKESTIETII MISSISSIPPI REGIMEST, PROVISIONAL ARXY.

Colonel.

D. R. Russell, 3Iississippi.
Dabney H. Xaury, Iirginia.
William N. Brown, Mississippi.

Lieutenant-colonel.
Major.

435

436

JOURNAL OF THE

IAug. 28,1861.

FIRST MISSISSIPPI BATTALION, PROVISIONAL ARMY.

Lieutenant-colonel.

W. L. Brandon, Mississippi.

Maior.

John G. Taylor, Mississippi.

FIRST MI8SOURI REGIMEXT, PROVISIONAL ARMY.

Colonel.
John S. Bowen, Arkansas.

L. L. Rich, Arkansas.

Lieutenant-colonel.

Major.

0.C. Campbell, Arkansas.

FIRST MAXYLAND REGIMENT, PROVISIONAL ARMY.

Colonel.
George H. Steuart, to take rank July 21, 1861, Maryland.

Lieutenant-colonel.
Bradley T. Johnson, to take rank July 21, 1861, Maryland.

Major.
Edward R. Dorsey, to take rank July 21, 1861, Maryland.
FORTY-SIXTE VIRGINIA REQIMENT, PROVISIONAL ARMY.

Colonel.

J. Lucius Davis, Virginia.

John H. Richardson, Virginia.

Lieutenant-colonel.

Major.

13. W. Fry, jr., Virginia.

FORTY-FIFTII VIRGINIA REGIMENT, PROVISIONAL ARMY.

Colonel.
Henry EIeth, Virginia.

R. F. Ficklin, Virginia.
H. 13. Lyoii, Kentucky.

Lieutenant-colonel.

Major.

FIli"~IEF11 VIRGINIA REGIMENT, PIXOVISIONAL

A. W. 12eynolJs, Virginia.
W. W. Finmy, Tirgiiiia.

C. E. Thorbnm, Virginia.

ARMY,

Colonid.

Lieutenant-colonel.
Afcljor.

1W"TY-FIIZYT VIRGINIA REGIMENT, PROVISIONAL ARMY.

Gabriel C. Wharton, Virginia.

James U'. Massic., Virginia.

David S. Houiiuhell, Virginia.

Colonel.

Lieutenant-colonel.
Mi!jm..

PROVISIONAL CONGRESS.

Aug. 28,1861.1

FIRST GEORGIA REGIXENT, PROVISIOXAL A R N Y

Lieu feiiunt-colonrl.
TVilliam J. Magill, C~eorgia.

X{jor.

John D. Walker, Georgia.

FIRST VIRGINIA RATI'ALIOX, PROVISIONAL ARMY.

Xajor.
John D. Nunford, Virginia.
FIFTY-THIRD VIRGIXIA R E G I X E N T , PKOVISIONAL ARMY.

@OlOlKl.

Carter L. Stevenson, Virginia.

lieu fenant-colonel.

William E. Starke, Virginia.

REGIMENT CAVALRY, PROVISIONAL AHhIY.

Colonel.
Angus W. McDonald, Virginia.
Lieutenant-colmel
Turner Ashby, Virginia.

Xajor.

Oliver fc. Funsten, Yirginia.

TlIIHTEESTIi LOUISIASA REGIMEST, PROVISIONAL ARMY

Colonel.
V. Sulakowski, Louisiana.

Icfajor.

Zebulon York, Louisiana.

HADIPTON LEGION, PROVISIONAL ARMY.

Colonel.
Wade I-Tampton, South Carolina.
GEORGIA LEGION, PROVISIOSAL ARMY.

Colonel.
Thomas R. 1%.
Cobb, Georgia.
Lieutenant-colonel.
Thomas

I(.Jackson;

South Carolina.
Major.

Edward F. Bagley, Alabama.

BIRBT KEXTUCKY REGIMENT, PROVISIONAL ARMY.

Colonel.

J. M. Hawes, Kentucky.
Thomas H. Taylcr, Kentucky.

Lieutenant-colonel.

Major.

William Preston Johnston, Kentucky.

SECOXD KESTUCKY REGINENT, PROVISIONAL ARMY.

Colonel.

R. W. Hanson, Kentucky.

437

438

[Aug. 28, 1861.

4TOURNAL O F THE
Lieutenant-colonel.

Robert A. Johnston, Kentucky.

Major.

James \V Hewitt, Kentucky.

T H I R D KENTUCKY REGIMENT, PROVISION (1, ARMY.

Colonel.

Lloyd Tilghman, Kentucky.

Lzeutennnt-colonel.

A. P. Thompson, Kentucky.

Major.

Benjamin Anderson, Kentucky

hI)(TH h()lJTH C.\KOLIXA

I<~:<xI>IEVl,PK(>\IhIoShrJ I\1cVIy.

(hloncl.

CharIcs S. \Vintler, IIarylantl.

TWENTIETH G EOHOI A REX I hl ENT, PRO\ IS10YTA L A HVY.

CoLonul.

W. D. Smith, Georgia.
SECOND Tl<XAS REGIMENT, PROVISIONAL ARMY.

Colonel.

I,. T. Wigfall, Texas.

Lieutenant-colonel.

IIiigh Mc~lmd,Texas.

Maior.

R. A. IIoward, Texas.
1~IRhr (:EOR(z! i REGIMRNT, PROVISIONAL ARMY.

Sewtit1 Lieulrnccnls.

Charlcri 8. Wylly, Georgia; G . Aridley Maxwell, Georgia; J o h n S. Ilryan, Gcorgia.

IIRsr AIA13A\I.\ 13AITALIOX, lKO\ISIONAId ARMY.

Second Iieiitentrnta

Iticliard Clarke, Alabama; Robrrt L.

Alabama; 1. I,. Ilaniniond, Alabama.
SOIJTII CAROLIKA I3 \llAI.ION

Simpson, Alabama; Hnrivosco Austill,

AILIYLLERY, PRO\ ISIOXAL

\IlhiY.

,Second lirntencint.

Jarnev lt. lringle, Soutli (arolina.

13IIIGAI)R COJIHISSARIES.

3fiQors.
Jos. L. Locke, Georgia; William IIenry Smith, Virginia; R. J. Moses, Georgia;
A. &I. Lea, Tcnncssee; Alden M. Woodruff, Arkansas; Thomas Peters, Tennessee;
Andrew J. Vaughn, Tcnnemec; F. G. Ruffin, Virginia; Theodore Johnson, Brkan~as.
IUEIVEXTAL CO>IMISSARIES.

C@7i%S.

J. 8. Wooster, Louisiana; Henry Christmas, Mississippi; Albertis Wilkin?, Arkansas; George 1. Shorter, Alabama; J. H. F. Rlayo, Virginia; Parker Campbell, Virginia; Andrew J. Morrison, Alabama; John S. Kennedy, Alabama; Arthur U. Beard,
Alabanra; I3cnjainin Wyman, Alabama; Charles N. Farley, Alabama; Rich. C. Win-

Aug. 28, 1861.1

PROVISIONAL CONGRESS.

439

tersniith, Kentucky; .John H. Coleman, Alabama; Wyatt Oates, Arkansas; Seleyin B.

,\lalone, Mississippi; Browdie S. Crump, Mississippi; Thonias I?. Young, Mississippi;
Jesse R. Kirkland, Mississippi; A. Milton Hawken, Mississippi; D. P. McAlluni,
Nississippi; T. B Puckett, 3lissibsippi; J. Stodart Byers, Kentucky; Thomas L.
;VLaxwell, Louisiana; Harley C. Cunningham, Georgia; 13. P. Noland, Virginia; H.
Sidney Hug-hes, Georgia; J. B. Morgan, Georgia; H. 13. T. Montgomery, Georgia;
John W.Soloman, Georgia; K.T. Wilson, Georgia; George M. Stubinger, Louisiana;
H i a s Yulee, Florida; John A. Settle, Texas; Thomas G . Brook, Tennessee; Samuel

Viigiiiia; Herbrrt A. Claiborne, Virginia; S B. Ihwwh, Virginia; J. 11. Claiborne,

Virginia; Georgc ITT. Buckner, Louisiana; George IV. T. Kearsley, Virginia; A. Nleade
Smith, Virginia; Thomas S. Barton, Virginia; Leigh Watkins, Louisiana; 11. G. Wilson, Arkansas; Charler A. Snowden, Maryland; JoIin Hockenhull, Georgia; Richard
I;. Robertson, Alabama; Thomas IT. Francis, Alabama; R. A. Reid, Georgia; C.
Durfee, Texas; 1. C. Guerin, South Carolina; W. P. Stone, Arkansas; Solomon
Stephent, Alabania: S C Elliott, Virginia; A. F. Robertson, Vir inia; James M.
Strange, Viiginia; TV S. Peniberton, Arkansas; M. L. Woods, Alagbarna; 13. E. C.
Baslrerrille, Virginia; John H. Mangham, Georgia; C. W. Countz, Virginia; George
(2. Norton, Georgia; rliomas C. Walsh, North Carolina; H. RI. Drane, North Carolina; James F. Johnston, North Carolina; James R. Chrisman, 1cIississippi; John l?.
Heath, (;rorgia; I ~ a a c11.Partridge, Jliesissippi; 11. C. Kellogg, Georgia; Frederick B.
Wotlgeq, Georgia; George 13. Robertson, Georgia; E. A. Palfrey, Louisiana; William
A Ilsniel, Flo
ohn q. Edwards, South Carolina; John P. Baldwin, Mississippi,
I:iinrund 11.
Tirpinia; W. C. King, North Carolina; James M. Morphis,
rcuqc; F. K.
w-on, Virginia; C. S. XcKinney, Virginia; Robert Vaughan,
Yirgiiik; Frctl. 15. Biidgc, Louisiana; William E. Sinead, Tennessee; James 13.
]a\\ 1(y, South Carolina; It. 0. Barrett, Georvia; Jarties 81. Quinlan, Niusouri; T. Xi.
],ii~lipkin,Georgia; Thomas 1,;. Iiallard, VirGnia; P. A. lecbles, Mississippi; 31. N.
c.ilI, A o r t h Carolina; *i. A. Hughes, Alabama, Charles 1. Rogers, Georgia;
1 I I. MrCue, Virginia; T. J . Wortenbaker, Yirginia; Hugh Brewster, Georgia;
C. 13. Wclbern, Georgia; J. It. WiLlc, Georgia; Thomas Cain, North Carolina; James
I\. IIarkctt, Korth Carolina; 31. .I. Moore, South Carolina; Sknders Glover, South
Carolina; (icorge ltobrrlson, Georgia; Thomas Rector, Arkansas; W.W. Morrison,
Sort I i Carolina; Julin I. Waytt, Nprth Carolina; James Field, Virginia; James Vernty, Alabama; S. B Wright, Georgia; IViIliani Sherwood, Virginia; Robert F. Sirnonto;;, North Carolina, W.H. Alexander, North Carolina; John A . Williams, North
Carolina; Enoch Alldridge, Alabama; George Whitinan, Loiiisiana; A. E. Wilson,
Tirgiiiia; Lucius Ililliard, Sorth Carolina; John E Patterson, Virginia; L. P. Lucads,
Yiiginia, Daniel B. Allpot, Georgia; Charles Byme, Virginia; William 1%.H. Minge,
Louisiana.
l3RIOAI)E QUARTERMASTERS

Majors

J. B. Ferguson, jr., Virginia; James H. Trapier, South Carolina; Sumner J. Smith,

Georgia; Charles 3S. Carr, Virginia; W. M. Montgomery, Texas; N. G. Harman,
Virginia; I,. G. De Kussy, Louisiana; John Pope, Arkansas; Isaac B. Dunn, Virginia;
A. 1%.
Cookc, 1:rginia; W.f. Ashe, North Carolina; James Glover, Tennessee; Will i m 1 F. Alexander, Georgia; Daniel F. Cocke, Tennessee; Alfred M.Barbour, Virginia; George T. FTehb, Tennessee; John Goodwin, Virginia; \V. A. Broadwell,
Louisiana; A. 33. Ragan, Georgia; T. F. Fisher, Louisiana; Albert J. Smith, Virginia;
T. 6. Moise, Louisiana.
REGIMENTAL

QUARTERMASTEM.

Captains
C. D. Clarke; W. N. Govan, Arkansas; Julius A. Robbins, Alabama; Leroy T.
Johnson, Alabama; J. W. A. Sanford, Alabama; George W. Jones, Alabama; James
D. Webb, Alabama; Edwin H. Iiarris, Alabama; Theophilus A. Jones, Alabama;
J o h n B. Burton, Arkansas; James D. Latimer, Arkansas; Henry T. Hall, Georgia;
Alexander Phillips, Georgia; John Gilmer, Georgia; James M. Cole, Georgia; Ro.

440

JOURNAL OF THE

[Aug. B, 1861.

N. Ely, Georgia; R. R. Holliday, Georgia; Edmond A. Deslonde, Louisiana;

Benjamin Bloom field, Louisiana; Theodore Johnston, Louisiana; J. G . Kelburn,
Louisiana; David C. Labatt, Louisiana; John S. Jones, Mississippi; George Whitfield,
Mississippi; William R. Barksdale, Mississippi; James H. Turner, Illississippi;
Andrew G. Scott, Mississippi; Jones S. Hamilton, Mississippi; Hannibal Harris,
Texas; James W. Custer, Tennessee; M. W. Cluskey, Tennessee; 31.B. McYIicken,
Florida; J. M. Thomson, Missiasippi; Rich. H. Gayle, Virginia; C . G . Armstead,
Mimissippi; Landon W. Qglesby, Tennessee; John E. Garey, Texas; Saniuel I<.
Hays, Kentucky; Alfred Boyd, Kentucky; Thompson IIarrison, Louisiana; Grafton
D. Spurrier, Maryland; F. D. Cleary, Virginia: TV. M. Gray, Virginia; William 11.
Hickman, Florida; Walter Goodman, Mississippi; Charles C. ISicks, Georgia; B. F.
Lovelace, South Carolina; Charles H. Rhodes; J. D. Wright, South Carolina; A. D.
Gzaux, North Carolina; W.T. Hardy, Virginia; C . W. Hardy, Virginia; Williatu
H. Irwin, Virginia; J. B. McClelland, Virginia; S. 1%.Boykin, Virginia; J. A.
Johnson, Virginia; W. W. Weisiger, Virginia; John Ambler, Virginia; John A.
Harman, Virginia; Edward J. Armstrong, Virginia; Thornton P. Pendleton, Virginia;
W. B. CroscJ, Virginia; H. 11. Selden, Virginia; W. S. Wood, Virginia; R. 1. Archer,
Virginia; D. H. Wood, Virginia; Robert C. Woods, Virginia; F. 1. Clark, Virginia;
, Florida;
George W. Grice, Virginia; James Goodman, Louisiana; James M c l i a ~jr.,
John G. Pierce, Alabama; TV. 11. Harrison, Texas; William Mclfinn, Alabama;
R. G . Echols, Virginia; Chastain White, Virginia; Charles F. West, Virginia; James
Anderson, Mississippi; S. Ill. Yost, Virginia; M. 1,. Davis, Virginia; J. T, Morgan,
Vi nia; Thomas K. Heard, Louisiana; John I). Holloway, Arkansas; I<tlward
Phgips, Louisiana; W.L. Robinson, Louisiana; J. F. Whitiieid, Mississippi; R. R.
Winder, Virginia; W. F. Ilaines, Missouri; W. D. Schoolfield, Texas; R. G. Ranks,
Virginia; R.J. tialler, Virginia; Christian 11. Suber, South Carolina; John TV. Bell,
Virginia; F. &I. Hardwick, Alabama; Rich. P. Waller, Virginia; David Clopton,
Alabama; John R, Cringan, Virginia; James B. Thornto?, Tennessee; L. De La.ig!e,
Georgia; Emile Lasere, Louisiana; M. Suratt, Mississippi; W.L. Powell, Virginia;
Montilla Clark, Virginia; [It.] Cabiness, North Carolina; J o hn J. Anderson, Tennessee; Edward S. Cheatham, North Carolina; James Byrd, Georgia; John R. Grayson,
Virginia; Phiii Catching, Mississippi; F. W. Dillard, Georgia; C. S. Hart, Georgia;
J . 13. Echols, &abarna; George T. McGehee, Mississippi; W. J. Williford, Georgia;
W. M. Thoinas, Georgia; Charles Morris, Virginia; George A. Barksdale, Virginia;
E. M. L. En le, Florida; J. D. Tolson, Mississippi; C. R. Mason, Virginia; Baylis
F. Crayton, 8outh Carolina; John G . Finnie, Tennessee; J. R. Brethwait, Virginia;
J. H. Stith, TAouisiana; Clement Young, Virginia; H. T. Massingale, Tennessee;
Hutson Lee, Virginia; M. 11. Grump, North Carolina; John C. McClenahan, South
Carolina; D. M. Hood, Georgia; Jacob S. Shriver, Virginia; S. Ill. Lanier, Georgia;
Robert Thomas, Gtlorgia; F. Wadkius, Geor ia; Thomas D. Ilamilton, Mississippi;
li. I?. W hiteecarver, Virginia; David Uutche+,&irginia; W. T. Alston, North Carolina;
W. A. Adams, Georgia; G. T. Jones, Virginia; Mitchell Tate, Virginia; John Kirkland, North Cmolina; Jo!m T. Robcrts, Kentucky; Thomas 1. McCandish, Virginia;
P. M. Dohcrty, M wpgi; John C. Maynard, Virginia; Benjaniin I?. Bornar,
Georgia; Kensey Johns, (Teorgia; James A. R. Hanks, Georgia; James Vaughan,
Georgia; David Pendcr, North Carolina; T. J. Woolfolk, Alabama; N. N. Fleming,
North Carolina; J. 8. Green, South Carolina; Samuel M. Hays, Arkansas; R. C.;
Rankin, North Ctlrolina; Osborn R. Smith, Georgia; R. 1%.Taliaferro, Mississippi;
J. B. F. Boone, North Carolina; James Honston, Georgia; H. McD. McElrath,
Tennessee; 13. M. Bell, Virginia; N. E. Scales, North Carolina; Gilbert R. Campbell,
Tennessee; Samuel R. Harrison, Louisiana; James J . Zitchford, North Carolina;
N. K. Daniel, Georgia; Thomas M. Blount, North Carolina; Charles De Reigne,
Louisiana; B. Y. Baker, North Carolina; Miles Selden, Virginia; R. P. Atkinson,
North Carolina; J. S. lowell, Virginia.

On motion of Mr. Miles, Congress advised and consented to the

notninations of Louis T. Wigfall, Howell Cobb, Thomas R. R. Cobb,
and Stephen I?. Hale,
The other nominations were then referred to the Committee on
Military Affairs, and the Secretary instructed to furnish rnerubers
with copios thereof.
Congress resumed legislative session.

Aug. 29, 1861.1

PBOVISIONAL CONGBESS.

THIRTY-FlFTH DAY-THURSDAY,

441

AUGUST29,1861.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer

by the Rev. Bishop Early.
Congress then resolved itself into secret session; and after spending
some time therein,
On motion of Mr. Chilton, resumed open session.
Mr. Chilton offered the following resolution; which was unanimously adopted, to wit:
Resolved unanimously, That the President of the Confederate States of America is
hereby rcqoested to cause to be prepared a stand of colors and mord, to be furnished
and paid for out of the fund placed a t the disposal of the President by the contribution of t h e nieinbers of this body, to be presented to Colonel Howell Cobb as a testimonial of t h e high cstecrn in which his patriotic services are held by the members
of thc Confederate Congress.

Congress then adjourned un ti1 10 oclock to-morrow morning.

sImwr

SESSION.

Con ress being in secret scssion, resumed the Consideration of the

unfinis ed busitless of yesterday; which TVRS the consideration of t h e
motion of Mr. Curry to amend the bill to perpetuate testimony in cases
of slaves abductcci or harbored by the enemy, and of other property
seized, wasted, or destvoycd by them, the amendment being to strike
out the words and loss.
Mr. Jones of Alabama moved to lay the bill and amendment on the
table, and called the question.
And the question being put,
Shall the call for the question be sustained3
Mr. Atkins demandcd that the yeas and nays of the whole body be
recorded thereon; which are as follows, to wit:
Alabama-Yea: Messrs. Smith, Curry, Chilton, McRae, Shorter,
and Jones.
Arlmnsas-Yea: Messrs. Johnson and Thornason.
Florida-Nay: Mr. Morton.
Georgia-Yea: Messrs. Howell Cobb, Forcman, Crawford, and
Wright.
Louisiana-Nay: Mess1.s. De Clouet, Conrad, Kenner, and Sparrow.
Mississippi-Yea: Mr. Harrison. Nay: Mr. Brooke.
North Carolina- -Yea: Messrs. Davis, Avery, and Venablc.
South Carolina-Yea: Mr. Boyce. Nay: Messrs. Rhett arid Miles.
Tennessee-Yea: Messrs. Currin and Thomas. Nay: Messrs. Atkins,
Caruthers, De Witt, Jones, and House.
Texas-Yea: Mr. Oldham. Nay: Messrs. Hem hill and Waul.
Virginia-Yea: Messrs. Scott, Brockenbrough, !&rzples, and Walter
Preston. Nay: Messrs. Seddon, W. B. Preston, Macfarland, and
,Johnston.
Yea: Alabama, Arkansas, Georgia, and North Carolina, 4.
Nay : Florida, Louisiana, South Carolina, Tennessee, and Texas, 5.
Divided: Mississippi and Virginia, 2.
So the call for the question was not seconded.
Mr. Jones, by nnanimous consent, then withdrew his motion to lay
the bill and amendment on the table.

442

JOURNAL OF THE

[Allg. 29, 1861.

MY.Memminger called the queqtion, which was up011 agreeing to

the amendment offered by Mr. Curry; and the call being seconded, the
question was put, and the amendment was not agreed to.
Mr. Scott moved to amend as follows, by striking out the words
Theaffidavit o f and inserting in lieu thereof the T V O ~ 111
~ S all cases,
and by striking out the words . be competent evidence to establish
such ownership and )and inserting in lieu thereof the words inalcc
affidavit of the.
The amendments were agreed to.
MY.T. R. It. Cobb moved to amend by inserting after tlir word
loss the following words, t o wit:
Such affidavit shall not be taken as evidence of the fact of loss unless i t shall a pear
to t h e satisfaction of the officer takinT the same that no other imd better rvi$eience
can be obtained, which fact shall distinctly appear in the certificate ot such officer.

The amendment was agreed to, and the section as amended reads as
follows, to wit:
SSCTIOS1. Illtr Congress of the Confedemte States do enact, That whcn any slave or
slaves owned by a citizen of the Confederate States, or a n inhabitant thereof, shall
be, or may have been abducted or harbored by the eneiiiy, o r by any perPon or p r sons actink under the authority, or color of authority of the United States Government, or engaged in the military or naval service thcwof, daring the existing war, i t
shall be lawful for t h e owner or his attorney to appear before any judge ot tlic Confederate States, or a coninirssioner of any court thereof, or a n y notary public, or in
case of there being no such officer within t h e county, city, or corporation, where the
proceedings are instituted, before any justice of the peace or alderinan, conmitiii,n to
act in the premises, and adduce proof, oral or written, ot t h e fact of d t i c l i ou nersliip
arid abduction or harboring. If the o u n ~ ofr s u ~ dave
h
or slavrs 1s laboriiig uiiclcr
or coverttii e, the evidence tending to ertabharboring, iriay be aclduced by the propcr
11 cases such 01%ner, attorney, or rcyrcwiitaaffidavit of ttic loss. Such affitlarit shall not br taken as e\ ideiiceof
thc fnct of Ios? unless i t sliall appmr to the xatkfartion of the officer taking the 8 8 1 1 1 ~
that no other anit better evidence c a 1 be ol)tained, M hicli fact shall distinctly appear
in tlio certificate of such ofiicer; and i t shall be the duty o f t h e judicial officw taking
cognizance of tho case, to rcducc to writing the oral evidence, arid to retain t h e written
evidence in support of the alleged ownership and loss, and within thirty days after
the hearing, to transmit t h e mme to the Bccwtary of State of the Confederate States,
to be filed and preserved airiong tlic archives of the State I)epartnient, acuoinpariircl
177 a certificate froin the said jndicial o f t i c w , authenticbating the report so made by
him. And the said judicial oiiliccr shall alho state, in his certiiic ate of authentication,
whether in his opinion, t h e widcncc so heard and transinittcd is, or is not, entitled
t o credit. It shall be the tlrity of the Secretary of State to rcccivc and file in his
Department the report so transinittcd, and to furnish to the ownerb, attorney, or
representative a duly ccrtifietl copy thereof, whenever the same shall be demanded.

The bill was cngroased, reird third time; and thc question hcing on
the passage of the bill,
MY. Wright, at the 5nst:uw of t h e State of Georgia, dernmdcd that
the ye:ts and nays o the wliole body bc recorded; which are ah follows,
to wit:
Althama-Yca: Mr. Shorter. Nay: Messrr;. Smith, Cyrry, Chilton,
McRae, and Jones.
Arl<rtnsux-Yca: Messrs. Johnson and Thoinason.
Florida-Yea: Messra. Morton and Rard.
Geor in- Yea: Messrs. Howell Cobb, Foreman, and T. R. It. Cobb.
Najr: lV r. Wri ht.
Louisiana-fea: Messrs. Perkins, I)e Clouet, Conrad, Kenner, and
SplLrrow.
Mississippi-Yea: Mr. Brookc. Nay: IIessrs. Orr and I-Iarrison.

Aug. 29, 1861.1

PROVISIONAL CONGRESS.

443

Xorth Carolina-Yea: Messrs. n a r i s and Tenable. s a y : Messrs,

Avery and Smith.
South Carolina--Yea: Messrs. Rhett, Memniingcr, Miles, and Boyce.
Tennessee-Yea: Nessrs. Rtkins, Currin, Caruthers, De M'itt, Jones,
and House. Nay: Mr. Thomrts.
Texas-Yea: Messrs. Keniphill and Waul. Nay: Mr. Gregg.
Virginia-Yea; Messrs. Seddon, W . B. Preston, Tyler, Macfarland,
Rives, Scott, Brockenbrough, Johnston, Staples, and Walter Preston.
Yea: Arkansas, Florida, Georgkt, Louisiana, South Carolina, Tennessee, Texas, and Virginia, 8.
Nay: Alabama and Mississippi, 2.
Divided: Norlh Carolina, 1.
So the bill as amended was passed.
Mr. Wright offered the following resolution; which mas rcad and
agreed to, to wit:
Resolved, That the subject of the violation of the rule of secrecy of Congress be
referred to the Committee on Rules, and they be instrudt4 to inquire into a nd report
upon th e same, and that the coininittee have power to Fend for persons and papers.

Mr. Perkins introduced

A bill in relation to the collection of duties on imports during the
existence of the present b l o c l d e ;
which was rwd first :~ndxcconrl timcs and, on motion of Mr. Kenner,
WHS placed on the Calciidxr.
XIr. Kenner, f r o m the Committee on Finance, ucported and recommended the pa""ige of
A bill to provide for the transmission of money, bonds, or Treasury
notes;
which m:is read first a n d hecond times. engrossed, read third time, and
passed.
Mr. Hemphill, irom the same coinniittec, reported
A bill to make disposition of certain railroad iron;
which was read first and second times mid placed on the Calendar.
Mr. T. It. R. Cobb, from the Corninittee 011 Printing, to whom was
referred
A resolution of inquiry rclntire to the expediency of abolishing the
Bureau of Yublic Printing,
reported t h e same back, that in tlic opinion of the committee the
object could not be attained withoiit dctrinieiit to the public, asked to
be discharged from its fnrther considcration, and that the resolution
lie on the table; which n7as agrced to.
Mr. Gregg, from the Corninittee on Claims, to whom were referred
the memorials and petitions of S. 1.' Hale atid 0. Dickey, reported
the same back, asked to be discharged from their further consideration, and that they lie o n the table; which was agreed to.
Mr. Meinminger moved to tdtc u p for consideration the report of
the Special Coinrnitteo upon the Kemoval of the Sewt of Government.
The motion was agreed to, and Congress proceeded to the eonsideration of the report; mhich was read, when Rlr. Memminger offered,
from the committee, the following resolutions, to wit:
(1) &solved, That Congress, duly appreciating the liberal and patriotic action of
the corporation of Richmond, in its tender of the Executive Mansion and furniture
for th e use of t h e President, free of charge, prefer that the rent of said Mansion
should be a char e on t h e General Treasury ot the Confederate States, and ratifies
the agreement of t h e committee, to pay t h e annual interest of the cost, and to
return the same in good condition, according to the usual liability in such cases.

444

JOURNAL OF THE

[ A w . 29, 1861.

hat the agreements made for the lease of Gaddins Hall and the
ute Hall, by the committee, are accepted, and that the leases be
ury Department.
) Resolved, That a committee of three be appointed to make proper arrangets for the next meeting of Congress, and that they be authori?ed to purchase or
a temporary building for that purpose, at a cost not exceeding forty thousand

r. Memminger moved that a vote be taken on the resolutions

seriatim; which was agreed to.
And the question being put upon agreeing to the first resolution,
the same was agreed to.
The question being put upon agreeing to the second resolution, the
same was agreed to.
The third resolution being under consideration, Mr. lowell Cobb
moved that it lie on the table.
The motion was agreed to.
Congreds then proceeded to the consideration of a bill on the Calendar entitled
An act to authorize tho district courts of the Confederate States
to appoint commissioners with power to arrest persons charged with
offenses, and for other purposes.
And the first section of the same being under consideratiou, which
relates to the conferring of power upon the district courts to appoint
coinmissioners in their respective districts,
Mr. Orr of Mississippi moved to amend by striking out the followi n g words, to wit: That the district courts of the Confederate States
may appoint commissioners in their respective districts with and
inserting i n lieu thereof the following words, to wit: The commissioners appointed by the district courts of the Confederate States shall
have.
The amendment was agreed to, and the bill as amended was engrossed,
read third time, and passed.
On motion of Mr. Orr, the title of the bill was changed by striking
out the words: A n act to authorize the district courts of the Confederate States to appoint commissioners with power to arrest pcrsons
charged with offenses, and for other purposes, and inserting in lieu
thereof the following, to wit: A bill vesting certain powers in the
commissioners of the district courts of the Confederate States. )
The arnendinent was agreed to.
Mr. Reniphill moved to take up for consideration a bill on the Calondar entitled
An act t o require the rcceipt by the Yostmaster-General of the
Confederate States of Treasury notes, in sums of five dollars and
upwards, in payment of postage stamps and stamped envelopes.
The iiiotion was agreed to, and Congress proceeded to the consideration of the bill.
And section 1 being under consideration, which authorizes the
Postmaster-General to receive i n payment of postage Treasury notes,
in sums of five dollars and upwards,
Mr. Chilton moved to amend the same by adding the following proviso, to wit:
Prozrided, That,the postmasters, respectively, shall account i n kind for the postages
received by them, under such rules as the Postmaster-General nlay prescribe.

Mr. Orr called tho question; which was seconded; and the question
being put, the amendment was not agreed to.

AUg. 29, 1861.3

PROVISIONAL CONGRESS.

445

Mr. Hemphill moved to amend by adding as an additional section

the following, to wit:
Be itfurlher enacled, That t h e indomement b y a member of Congress of his name
on newspapers or other printed matter, sent by him through the mail, shall not
by remon of such indorsement subject him to letter or other increase of postage.

Mr. Foreman called the uestion; which was seconded; and the
question being put, the amen ment mas agreed to.
Mr. Thomason moved to reconsider the vote by which the amendmerit offered by Mr. IIemphill was agreed to, on which motion Mr.
Curry, at the instance of the State of Alabama, demanded that the
yeas and nays of the whole body be recorded; which are as follows,
to wit:
Alabama--Yea: Messrs. Curry, Chilton, and McRae. Nay:
Messrs. Shorter and Jones.
Arkansas-Yea: Messrs. Johnson and Thomason. Nay: Mr. Garland.
Florida-Yea: Mr. Ward. Nay: Mr. Morton.
Georgia-Y ea: Messrs. Howell Cobb, Foreman, Crawford, and
T. B. R. Cobb.
Louisiana-Yea: Mr. Kenner. Nay: Messrs. Perkins, De CIouet,
Conrad, and Sparrow.
Mississippi -Yea: Mr. Harrison. Nay: Messrs. Brooke and Orr.
Korth Carolina-Yea: Mr. Avery. Nay: Messrs. Davis, Smith,
and Vcnablc.
South Carolina-Y ca: Messrs. Memminger, Miles, and Boyce. Nay:
Mr. Rhett.
Tennessee-Yea: Messrs. Currin and Caruthers. Nay: Messrs.
Atkins, De Witt, Jones, and House.
Texas-Yea: Messrs. Reagan and Gregg. Nay : Messrs. Hemphill
and Waul.
Virginia-Yea: Messrs. Seddon, W. 3. Preston, Hunter, Tyler,
Mason, andBrockenbrough. Nay: Messrs. Macfarland, Scott, Staples,
and Walter Preston.
Yea: Alabama, Arkansas, Georgia, South Carolina, and Virginia, 5.
Nf~y.:Louisiana, Mississippi, North Carolina, and Tennessee, 4.
Divided: Florida and Texas, 2.
So the motion was not agreed to.
Mr. Avery called the question, which was upon ordering the bill to
be engrossed for a third reading; and the call being seconded, the
question was put, a n d the bill was engrossed and read a third time.
T h e question then recurring on the passage of the bill,
Mr. Iteagan, at the instance of the State of Texas, demanded that
the yeas and nags of the whole body be recorded thereon; which are
as follows, t o wit:
Alabama-Yea: Messrs. Curry, Chilton, and Jones.
Arkansas-Yea: Messrs. Thomason and Garland. Nay: Mr. Johnson.
Florida-Yea: Messrs. Morton and Ward.
Georgia-Yea: Messrs. Howell Cobb, Forernan, Crawford, and
T. It. R. Cobb.
Louisiana-Yea: Messrs. Perkins, De Clouet, Conrad, Kenner, and
Sparrow.
Mississippi-Yea: Messrs. Brooke, Orr, and Harrison.
North Carolina-Yea: Messrs. Davis, Avery, Smith, and Venable.

446

JOURNAL OF THE

[Aug. 29, 1861.

South Carolina-Yea: Messrs. Rhett, Chesnut, Memminger, Miles,

and Boyce.
Tennessee-Yea: Messrs. Atkins, Currin, Caruthers, De With,
Jones, and House.
Texm-Yea:
Mr. Hemphill. Nay: Messrs. Reagan, Waul, and
Gregg.
Virginia-Yea: Messrs. W. B. Preston, Tyler, Nacfarland, Scott,
Sta les, and Walter Preston.
&a: Alabarna, Arkansas, Florida, Georgia, Louisiana, Mississippi,
North Carolina, South Carolina, Tennessee, and Virginia, 10.
Nay: Texas, 1.
So t h e bill as amended mas passed.
A message was received froni the President by thc hands of his Private Secretary, Mr. Josselyn, informing Congress that the Presidcnt
has this day approved and signed
An act making further appropriations f o r the service of thc PostOfficeDcpartnient during the year ending the 18th of Fcbrnarg, 1863;
An act to amend an act entitled An act t o creatc the clerinil force
of the several [Executit c] Departments of the Corifecleratc States of
America, and for other purposes, approved March 7, 1861;
An act to authorize the construction of certain gunboats;
An act to fix the fees and costs i n adniiralty cases; and
An act to authorize the Secretary of Ihe Navy to make certain contracts without advertising for proposals.
Mr. Curry, by unanimous conscnt, withdrew his inotion to reconsider the vote by which Congress extended the time of adjournment
until Saturday, 31st of August, 1861.
Mr. Waul moved to suspend, for the balance of thc session, the rule
adopttd by Congress that no motion to adjourn was in order until 3.30
ocIocI< p. m,
The inotion was agrced to.
Congress procccdcd to the consideration of the ncxt bill on the
Calendar, which was
A bill to k)c entitled An act to anierid an act entitled An act recognizing tbc existence of war bchvecn tlic United States arid the Confederate States, xiid concerning l e t t c ~ ~ofs niarque, prizes, and prize
goods, a p roved May sixth, oightcen hundred arid sixty-one, and an
act entitle$ An act regulating the sale of prizes and the distribution
thereof, approvcd May sixtrc?nth, cightecn hundred and sixty-one,
And scction 1heing undcr consideration,
Mr. Memniingc?r moved t o amcud the samc by adding after the
word thereon the follominq ~vords,to wit: and forward the same
immediately to thc collector o t thc ncarcst port.
The amenclment was agrced to, and the section a 3 amended reads as
follows, to wit:
SBLTION
1. The Co:o1qwtw qf ill? Conffdmrte States of America do enact, That the
seventh sectioii of llie first above-recitctl art be so ani6nded as to perinit and authorize the hrealiing o f Ixdk a i i t l tile r~ino~.aI
by thc cq)tors of the ~11oIe
or any part of
the oods found nn Iioiirtl a cxptiirrtl vesscl I\ lieueyer F I I C ~reIuoval iiiay be necessary
for
Hi& carriage. ofsti(.h vcswl into 1)ort,and also in all c:~spswllerp, by grounding or otiicrwibe, tlic iiccuring ol llie cwgo or any part thereof may requlre the
renioval: Ivwider/, That the pet m i i n coriiniaritl of tlrc vessel making such capture
sliall, :xu soot1 HH practicable after landing the cargo or any part thereof, cause an
exact jtlvelltory of the fiiime to bc niatie by the iicarest niagistrate, wherein shall be
v r c i Aetl eacli :~ndevery iirticlc FO landed, a11d tlie Inarks, if any, thereon, and forward the suc inimediately to the collector of the nearest port; the property 80

8~

Aug. 20, 18Fl.j

PEOVISTONBL CONGRESS.

447

landed s l i ~ l lremain i n t h e custody of such magistrate, and h e shall retain possession thereof until the same can be delivered to the marshal; and the court before
which sucli cargo shall be brought, in case the same be condemned, may allow such
compensation to the niagktrate as to the court may seem just and proper: A d TOeided further, That when such reiiioval shall be made for the purpose of lightening
over bars and shoak, and the goody removed shall, ah soon thereafter as practicable,
be restored on board t h e prize vessel, the same may be carried to port as if no
reinoral had been ma&, and no delivery, as prmided in the preceding clause, to a
magistrate shall be required.

The second section being under consideration; which is as follows,

to wit:
P E ~ 2.
. That the first section of the lakt aboT e-recited act be so amended as to allow
the judge of a prize court, wherein any condenination may he had, to order and
decree that t h e said vessel and the cargo, or any part thereof, may, in his discretion,
and to enhance the value thereof, be niade by the marshal of the adjoining district,
and at such place therein as h e may dehignate,

Mr. Memininger moved to anicnd the sanic by adding thc following

proyiso, to wit: P m v i d ~ dalionys, That the dutics upon all dutiable
goods shall be paid froin the proceeds of sale.
The amendment was agreed to, and the section as amended reads as
follows, to wit:
SEC. 2. That the first scctioii of the last aborc-recited act be so amended as to
allow t h c judge of a p
court, wherein any cwitlenination may be had, to order and
I ant1 the ( . a l p , 01- :iny p i t thereof, iiiay, i n his discretion,
dccrec that the said \
aiicl to t x h a n c ~ .t h c 1 alncl tlitxrcvf, I)(, p o l t l 1)y tlir ni<irslial o f the a(ljoining district,
1(.1i place tlic>ri.iii a s l i ( s I I I R ~tlc4gnatc: Imivdrd ctlwtc!/a, That the duties upon
hle goods ~ l i a l l)c
l p i ( 1 troiri thc procccils of sale.

Mi-. Shorter, from the Coniuiittee on Engrossinertt, reportcd as correctly engrossed and enrollcd
Ah act to audit the accounts of tlic respwtive States against the
Confcdcracy ;
An avt, to establidi certain post routes therein named;
An act authorizing the President to inflict retaliation upon thc persons of prisonera;
,411 act to provide for the defense of the Mississippi River;
An act to amend an act entitled 6Lh
act to establish a patent office,
and to provide for the granting and i s h w of patents for new and usef u l discovcrics, inventions, improvements, :mcl designs, approved May
21, 1861;
An act to authorize the nppointmcnt of special ]rial-shals, and f o r
other purposes; and
An act to provide a mode of authenticating claims for money against
t h e Confederate States, not othcrmisc providcd for.
Congress, on motion of Mr. Chilton,
Then resolved itself into open session.
EXECVTIVE SESSION.

Congress bcing in executive \ession,

The Chair presented a communication from the President, norninating, for the advice and consent of Congress, the Hon. ,James M. Mason,
of Virginia, to be commissioner to England, and the IIon. John Slidell,
of Louisiana, to be commissioner to France.
On motion, Congress advised and consented to the nominations.
Congress resumed icgislative session.

448

JOURNAL OF THE

[Aw. 30,1861.

THIRTY-SIXTH DAY-FRIDAY, AUGUST30, 1861.

OPEN SESSION.

Congress met pursuant to adjournment.

The Chair then addressed the Congress as follows, to wit:
GENTLEMEN
OF CONGRESS:
Allow me to interrupt for a single moment the usual
course of business. Tf, gentlemen, you could see the response m y heart has already
made to t h e resolution you were pleased toadopt during my absence from the Chamber yesterday, I should remain silent this morniug, for words can not express the
feelings which this renewed evidence of your kindness and confidence has excited.
Since the first hours of our meeting to t h e present moment, approaching the closing
hours of this session, I have received from you such repeated. marks of your friendly
regard as your presiding officer ever received from his associates. Be assured, gentlemen, they will be borne i n grateful remembrance, and i n the new field to which I
have been called, not by taste or ambition but by the stern requirements of duty,
they will greatly strengthen my heart and, I trust, under t h e protecting guidance of
a kind Providence, nerve my arm to the discharge of the humble part which 1 may
be summoned to perform. In the sincerity of my heart I beliere that man was
never engaged in a more just and holy cause than the one which has called our
people to the defense of their homes, their families, arid their firesides. And that
the Supreme Ruler of the earth will continue to manifest His favor toward us,
hitherto so remarkable, I go forward with this full conyiction to the diwharge of a
solemn and im erative duty. Accept, gentlemen, my sincere thanks, arid permit
me to add in betalf of the brave and true men under my command, in whose hands
your banner will be placed, that I fccl authorized t o say you will never have cause
to regret th e confidence you have shown in their valor a n d patriotism.

Congress then resolved itself into secret session.

SECRET SESSION.

Con ress being in secret scssion,

Mr.%rooke moved to reconsider the vote on the passage of
A bill to amend an act to establish a patent ofice, and to provide for
the granting and issue of atents for new and useful discoveries, inventions, improvements, anldesigns, approved May 21, 1861.
The motion was agrced to, and Congress proceeded to the consideration of the bill.
And the fourth section of the same being under consideration, which
relates to the fees of the Commissioner of Patents,
Mr. Rroolrc moved to amend the same by inserting after the word
payment tho following words, to wit: of ten dollars and.
The amendrnrnt was ngrccd to, and thc bill as amended was read
third time and passed.
Mr. Morton moved to take iip for consideration a bill on the Cnlendar entitled
An act to give aid to tho State of Florida.
The motion was agrced to, and Congress proceeded to the consideration of the bill.
Mr. Kenner moved to amend thc same by striking out the mord
five, where it occurs in the bill, and inserting in lieu thereof the
word three.
The amendment was agreed to, and the bill was engrossed, and read
a third time; and the question being on its passage, MI-. Johnson of
Arkansas, a t the instance of the State of Arkansas, demanded that the
Yeas and nays of the whole body be recorded thereon; which are as
follows, to wit:
Alabama-Yea: Mr. Shorter. Nay: Messrs. Curry, McRae, and
Jones,

Alup. 30. 1861 ]

PROVISION AT^ CONGRESS.

449

Alrl~:uisa-Xay: M c h s r h . tJolinso~i:md Garland.

Floricla -Ycn: Me
. Morton and IVsrd.
Gcorgia--lc.a: ~ I e s s r sKow-c~l
.
Cobb and T. l<.B. Cobb. Nay: Mr.
Cmw f o rd .
Louisiana--Yc~~:3lcssrs. l h Clouet, Conrnd, Keniicr, and Sparrow.
Kay: MY.Perkitih.
Nissi5hippi- -Sa) : 3Iesarb. O ~ and
Y Harrison.
Nortli C:iroliiia - Tea: Xeshrq. I h v i s and \cnahle. Nay: Mr. Avery.
South (arolina -Yea: Slessrh. Bliett. Chcsnut. Xilcs, and Boycc.
Ear: MY.Mcmniingtr.
~ r c n l l e i h c ~ - ? ; t ~ ~LCSSL~. Xtlii~i., Carutherb. : ~ n dTholiiab.
Texa--Say: M( s. Ilcmphill, ITaul, Grcgg, and Oldhain.
Virgiiii:i-Yw: Nessri. Seddon, IT. 13. Preston, Tyler, Jlacfarlnnd,
Scott, J I : i w n , Johnston, S t a p h , mid \TaItt:r Ireston.
Yc:~:Eloikh, Georgia, Louisi~iii~,
S o r th C:trolina, South Carolina,
and Virginia, 6.
Xay: Alnl):tniti,,irkairsii Mississippi, Tennessee, and Texas, 5.
So the bill as nriicndcd
Mr. Slorloti n i o ~cd to change the titlo of thc bill by striking out the
vords give aid t o and inserting in lieu tlicreof th e word rcinib(llhC.

Thc i i i o t i o i i \i-:i\:ig~wtlto, : i i i ( l the title of tho bill iwds as follows,

to wit:
!)ill t o r o i t i i h i r ~ etliu State of 1iloiid;t.
111.. JIciiinringcr, by iinniiitiioui cwnictit. iiioved to rtwnsidcr the
:iud tngrossiiicnt of n bill relative to the entry and
I Iiv inotion as agreed to, and Coiigrcss procecdccl to the cotisideratioii of thc I d 1 ; whrii Mr. Alcmiiingcr niovcd to :~niciiclthe smie loy
iiibertiiig bcforc the word bloc.k:tdc, ~ l i c r eit o c ~ u r si n tttc bill, tlic
woids l)i*esent:tttcnipt to and iniinediately after the word hlockadc t h e words oiir coast.
Thc rinicndnient was agrccd to, arid thc l d l :ib airicridcd \ m s read
third t>inic,ant1 passed.
Mr. Venable ofTered the followitig resolution; which was read mid
agreed to, to wit:
r 7

R e w l c p d , That the Coiiii

I~gislationi:, tie(*es-a
SdlC of p t c . 1 1 l n 1)) patentol
the Pro\ iiional ( i t ) \ erriiiie
11 hat

d tu inquire. wlicthcr ~ i i a) i i t l
trntion of d c c d ~of tiansfer and
thcrcof prior to thcl adoption of

Nr. ,Tonci\ of A1:~bxni:iprchented t h e iiieniorial of A. C. Nattheivs:

which \\a:, i.cfciwd t o tile Couiintttw o n Cliiiii~i,wit hoiit being read.
Mr. J I i I ( ~inoiwl
~
to ~ u ~ p c nthe
c l (.all of the States, f o r the purpose
ominittee o n Military Affa h .
And JIY. Miles, fioiii the Coiiirnittce on Military Affairs, reportcd
arid ~~cc~ornrnendcd
the p a s s a p of
A I)ill to tiid t h e people of Kentucky in repelling: an inrasioii o r
occupition of their soil It? tlic :irmed forces of the I:nltc>c-lStntes.
The hill having hecu read first and second times, JIr. IYiomason
citlled the question, wliich \\:IS upon ordcring the ])ill to I)(>ciigrossed
for a third rtlading; which w i v sccaondcd; and thr qiwtion being put,
the bill wab engrossed, read third time, and passed.
C

I-VOL

1--!)~---~~

450

JOURNAL OF THE

[Aug 50, 1861.

Mr. McRao, from the Committee on Engrossment, I*epo~tcii

as e m rectly engrossed and enrolled
An act to collect for distribution tho rnonoys rcrnnining in the SCVera1 post-oftices of the Confctlerate States at the tirrie the postal c>(lrvice
was taken in charge by said Government;
An act t o perpctuatc, testimony in cases of s h v :~~)ductcd
~
or harbored by tho enem), antl of other property seiacd, \Fasted, or destroyed
by theill; antl
An act f o r the sqiiestmtioii of thc estates,. proopert~-.mid effects of
alien eneniics, tind for tlic indemnity of citizcns of the Confederatct
States and persons aiding the same in the existing IV:W with the United

.iLI<

Ll 1\01

IROYISIONAL

CONGXFSS.

451 .

Aorth carol in:^- Yea: ;\Icbhr\. Ihvis, Smith, and Vcnablc. Nay:
311. a T - t l * J .
South (arolina YCR: Air. Chcsnut. Xay: MCSSI~.
Rhctt, Mcmiiiingcr, Mile\, and 1k)yc.c.
--Yea: ,\Icssrs. Ctiriy, Caruthcrs, I k Witt, Jones, and
ay: 311.. Atkins.
Lex:~s--Y~\n:Me\w\. Heagiui. fIcrnphil1, JYaul, and &egg.
Virgini:i--Yca: Mr. 3Iacfarl:ind. Nay: Jfcsrrs. Scddon. W. R.
Ircstoir, I~-lc~.
Scott, and Ylason.
ida, Louisiana, hlississippi, North

N ~ F :South Carolinn and Virginia, 2.

IXridcd: Gcorgin, 1.
mo\-cd to rcconoidcr the votc 1 ) ) ~which the ainendincnt of M r . Perkin. way adoptcd; mid t h \ ole having been- taken
thereon by States, i*csnltcd RC:follows, to wit:
Pea: Georgia, South C:iroli na, Twnt cc, :itid Virginia, 4.
Nay: Alahama, Arkan , Florida, Louisiana, MiAssippi, and
T CXR S , ti.
Divided: Korth Cxi.olina, I .
So the iiio(ion wa\ not :igiwd to.
311..Hon.cll Col)h, MY.Clicitrut lbeing i t ) tlrc c h i r , iiiovcd to lay the
hill on tht, tal)l(>,a i r t l callcd tliv qitwtion; \\ 1iic.lr \vilq ~ c o n d ( dand
; the
qiie\tioii hciiig 1)iit. tlir : ~ 1 1 ~ ( ~ ~ 1 iwai w n :tgwcd
t
to, and tlic bill was
h i t 1 on tlic t61hlc.
ioni the lresidcnt hy tho 1i:inds of his
infovniing Congress that the Prcsidcrlt liil\ t l i i y d:~? : t p p r o v ~ d:LI
. I l l :ict in:diing appropi.i:it i o r i f o r the pLirch:tsc of a steamer and cert:iin iiii1it.m~-hnpplit!::
A n : i d to xutlmrizc t h o cst:ii)lishiiient o f recruiting stations for volrs froin the States of Tic~ntiicky.I\/lissouri, hlnryland, and I>elt~ware ;
An act to esta1)lish certain p o h l route\ tlicrcin n:Liircd;
A n act to audit the accounts of tho rcqxcti\-c States against the
Conf cdcracy ;
An act to aiiiciid tlie secorid scction of :III act c.onctrniug the trtinsportation of soldiers and allow T for clothing of voluntccrs, and
xlllc1Id:itory of thc :1ct for the
a1)lisliinent and organization of the
Army of thc. ConCcclcrtLtc Statchi:
A 1 1 act :iuthorizing I h c lrcsidpnt, to inflict retnliation ripon the persons of prisoncrs;
1\11 act to provide for the defeiisc of the Missisdppi River;
*in act to aiiicnd an act cntitlecl b Lact
l~
toi establish R patent ofice,
m i d t o provide for thc grantingalid issue of patcwts for ircu- and ~rsefiil
tli\covericw, inventions. iniprovements. arid designs, approvcd May 21,
1861; and
A n act to provide a riiode of authc~nticatingclaini.; for nioney ikgaind
the Confederate States, not otherwise provided for.
Kr. Shorter, from thc Conirnittcc 011 Engrossment and I<nroiiment,
wported as correctly engro.;scd and enrolled tlie follon ing bills:
An act to authorize t h o inipressmcnt of pro *tyin c ~ ~ r l acases;
in
An act to reyuirc tlic rwcipt l)y t h c postti? 1.b of the (:onfctlcr:lte
States of Treasury notes. i n i i i n i s of tive cto1lar.s and upwards, in payment of postage stamps or stamped piivelopes;
M i - , Mcriiniinger

.JOURNAL OB. THE:

[-\ug. 30,1961

An act t o provide for the transmission of n ~ i i c y hoiidh,

,
or Trwwry
notes;
An act to amend an act entitled An act i~xognizirtgthe existen(.p
of war between the United States and the Coiifedcr:ttc St:itch, : ~ n c l c o ~ ~ cerning letters of marque, prizcs, and prim g~o(L,approo\-cd N a y
6, Iscl, and an a($ entitled An act regulating thc d c of prizes : ~ n d
- the distribution thereof, approved ;Vley16, 1861;
~ 1 act
1 vesting certain powers in the commissioners of the di\trict
courts of the Confederate States; and
An act to aid the people of Kentucky in repelling a i l in\ahion or
occupation of their soil by the armed forccs of the United Statcx.
Mr. Miles, from the Committee on Military ARairs, to whom W : ~ S
referred a, resolution of inquiry as to what arrangements had l)ccn
made by the War Department for the reception and for\\.arding of
clothes, etc., for the soldiers, rcported same b ~ k asked
,
t o 1 ) (lib~
charged from its further consideration, and that tlw resolution lic on
the table.
Mr. Atkius called the question, which W S L ~ upon :Lgi*eeing to thc,
report of the couimittec; which wab seconded; and the question h i n g
put, the report was agreed to.
Mr. McRae introduced
A bill providing for the reception and forwirding o f :u*ticlc.;wnt
to the Rrniy by private contribution.
The bill was read first and second t,iinw, cngro d. wad third timc,
and passed.
Lhe Chair p r ~ w n t e d:I comniunic;ttion from the lrrsidont, in(-losing
an estimatc from the Postmaster-General for temporary clerk\; which
was read and rcfcrwd to the Conmittee 0 1 1 Zostal AfTairs.
Also, m i cstimnte fi-oni I 110 Secrctaq-of the S:I\y f o r tlic pim.ha,sc of
to the Comn~ittceon S a d Aff:~ir~.
copper; which w:is r d :irtd i.cfer
Mr. Rtkins niorcd that Congt t:tl<c:L r(~ccssuntil 8 oclock 11. 111.
s do iiow adjourn, :ind Nr. .JolinMY.S p a i ~ o winoved tlixt Con
son of A r l ~ i i n sdein:~ndcd
:~~
that t h e yeas and nays of t h e wholc [body]
he recorded thereon; which arc :is folloms, to wit:
Alab:iina---Nay : NIcssrs. Chwry, M c l t ; ~ ,and Shorter.
Arkans:is- -Naj: MCSSF~.
cJohnsoii and Ihomason.
Florida----Ye:i: Bless rs. Morton :ind \\ard.
Georgia--N;Lj; Mc,ssrs. Eoreni:ul and T. It. K. Cohl).
Louisiana- Y w : Jlessri. Kcnncr nnd Sp:iri*o~. Say: 31eh~l.h.Pcrkins, De Clorict, :tnd Coni~iid.
sippi--&uay: Mcbsrq. 12ronlrc, 01.1..
and Ihrrixoii.
North C:~roliii:i Nay: M(1ssi-h. Qniitli and Vcn:LhIe.
iu.olirr:i--Yea: Mr. Ithctt. K~IJ-:hIr. I1Iilch.
ce--N:~,y: Mcssrs. Atkitis, Currin, Giruthers, 110 \\itt. ,JOIIC+.

and I-Ionsc.
Tesas--Yea: Alcsstx. 11cnipliill and i\-at11. S : L ~
JII,.
: 1tcbt~g:~n.
Virginia--N:Ly: JIcsirh. \T, 13. Irc\to~l aud Scott.

Yea: Florida anti Icxab, 2.

Nay : Alabania, Arltnnsas, (icorgia. LouisimL, I\lishissippi, Sort11
Carolina, Tciinessec, and Virginia, 8.
Divitlcd : Youth C:iidina, I.
So the motion N:LS not, :igrccd to.
lhc question the11 rc( urred upon X r . AtkinS lilotion to talcp :L rcces:,
until 8 o~10clip. 111. ; and thc quc~tio11being put, the nlotio11 was :greed
to, and Congress took R recess until s o:clOc~cp. 111.

.\l

$0,lh61

PROVISXON AT, CONGRESS.

453

8 OCJ,OCIC 1. 31.

AIr. Miles, from tlic hmniiittcc on Military Affairs, to whoni was

referred a resolution of inqiiir.\- a s to the rvpcdiency of :idopting for
tlic Army a portablc breahtworli, rcportrd same back, asked t o be disc.li:\rgc.d froiii its l u r t h e r consideratioil, and that the resolution lie on
t l w t:ihlc.; which ~ 7 2 1 sagrec.d to.
111..Jliles, from tlic s : i t i i C coiniuittcc, i~ported.back a bill to exempt
frolit xrrrst certain p r s o n s in the sc~rviwof the Confrderate State\,
that in the opinion of the connnittcc, i i 13 >I\ iiwxpcdicnt to lcgislatc on
that subject, ahkcd to be dischnrgctl Proill ils further cotisidemtion,
mxl that thc bill lie 011 tho table; ntid a, vote 1i:Lving been taken thereon
by State-;, rcwiltcd as follo\vs, to wit:
Yea: hrliaiisas, Georgia, Loiiisiaii:i, Mi sippi, South Carolina,
:tnd Virginia, 6.
S a y : Alabaiii:~,Florida. North Carolina, Tennessee, and Textis, 5.
So the report of the cominittcc was agi.ecct to.
Mr. IIenipliill niovcd to srtspcii(1thr call of the States, for the pnrpo,y of introdncing :L hill.
I he motion m a 5 iigrccd to.
1d 11r . I Icn tph i 1 1 i 11 t roduwd
-4 1)ill to c.\c.inpt frotii :in*cst011 civil pro(> certain persons i n the
svi~
icvl of tlic (oiifrtlcixt(~iC;t:Lto\;
wliic.11 \\ I I i.cnd
~
fir-t :itid iccwnd tiinch.
311.. IIilt~l~i\oll
1110\ c d to post p o i i ~thc fnltllcr consideration of the
bill. and that i t t:tlic its p1:ic.c on ihv Calcntliir.
Air. At1,ins c.nllcc1 t h e qiiestion; \ b l i i c . h wtib sxoiided; mid tlie quesL i o i i bcxing p r r t , thc niotion W:L\ ngi~wito. :rnd tho l,ill w w placed o n
t:lc C:llt~ntlar.
Li iticsszigc w a s rccci
froin tlir ltwident by thc hiinds of his 1%vatc Secretary, fill.. ,J
orniinp Corigwsr that tho lresidcnt
his this clay yq~rovctl
h i act to pcrpetuatc. twtiriiony in c
b o d by the encmy. and of other piwp
zed, wasted, or dcstroyed
by them;
A n act to aid the people of Kentucky in repelling mi invasion or
occupation of their wil 1)ytlic ariiicd force^ of thc, Uiiitcd States;
An a c t to collcct lor dih-il)ution the moneys rcrnaining in the seveixl po~t-officesof the Confederate Strttcs :kt the time the postal
s e n ice was t:ikc>n ill chiirge 1,) said (+owrniiient;
An acl; wding certain pon ~ r ins the coititnission~i*:,of thc district
co11rts of the Confcderntc states;
An act to provide for t h e traiiiniii5ioii of iiioney, bontls, or Treasn1.y notcs; illld
A n act to aitictid an act entitlcil .An act recognizing the existence
:tnd thc Confcclcratc Statcs, and cono f w ~ I)c.tsw.cn
r
tlic United Ht
,):q)proved May 6 ,
ling letters of niaryuc., pi
ale of prizes and the
, and an act entitled An
diitribution thcreof, zpprorrd May 1 ti, 1861.
The Presidelit, in conipllancA with tho i y u e s t of the Congress, has
returned the resolutions t o provide troops in the field with bread and
frc.41 pwvihions.

454

JOURNAL OF THE

[Ang. 90,7861.

The Chair p-esented a couimunication f rorii the Prcsident ; \vhich

was read, as follows, to wit:
E X E ~ ~ ~ DEPARPMEPI'T,
TIVI?
Jhlchinoi~l,August

SO, 1861.

Hon. HOWELL
COBB,

I'resident of the Congress.

SIR: The Congress having passe8 an act to aid the people of ICentncky in
art iitvasioii or occqation of their soil by the ar~ n edforccs of thc United
made for Ilie piwposc. 01'
would recommend that an appropriation o f $1,000,000
carrying into cffect the object of said act.
~ J C L

JEFFERSON DAVIS.

Mr. Venable gave notice that he should on to-morrow move to extend

the time appointed for the adjournment of Congress.
Mr. Smith of Ahbaina moved to suspend the call of the committees
for reports, for the purpose of introducing a bill.
The motion was agreed to, and Mr. Smith o f Alabainn introduced
A bill providing for drawing jurors i n cases o f treason;
which was rcad first and second times.
Mr. Johnson called the question, which was on ordering the bill to
be engrossed for a third reeding; aird the question being put,
Shall the call for the question he sustained?
The saine was not seconded.
Mr. Milea moved t o postpone the further consideration of the bill,
and that i t take its place on the Calendar.
Mr. Foreman called thc question; and the call being seconded, the
question was put, arid the motion was not agreed to.
Mr. Neinminger cdlcd the question, which was upon ordering the
bill to be engrossed for a third reading; and the question being put,
the bill was crigrossod arid rcnd :Lthird time, a n d th e question re(wrring on the p:issilge of the bill, Mr. T. R. R. C'obb, at the jiistancc of
the State of Georgin, dcni:uidcil th:Lt the yeas and imys of the wliolc
body be recorded; which arc as follows, to wit:
's. Smith, Curry, Mcliae, Shorter, and ,Jones.
~ i a b n ~ n-~7(%1:
&- M
Arkansas-Yea: Messrs. John,ion ~ n Thoinason.
d
Florida-NLy : M r . Morton.
Georgia- -Yc:i: Mr. Poreni:tn. Xny : Mesm. llowoll (hbb, Chin.ford, and T. It. R. Col.
Louiuianrt--YezL: Me
. I'erkim, 110Cloutat, Conrad, and Kenner.
Nay : Mr. Sparrow.
Mississippi-Y oa: Messrs. 13rool\-c,Orr, IJarry, arid Harrison.
North Qwolina-Yea: Mcssrs. l h v i s , Avery, Smith, and Venablc.
South (hrolinii - Yea: xil r$+lthett and Meinminger. Nay: Mewrs.
Miles
aritl 1303 w.
r ,
~ c ? n l l ~ S ~ C ( ? - - Y C :MCRR~Y.
l:
Atkins, (hryin, C:aruthers, 110 \\'itt,
Jones, IIowso, and Tlioiiias.
Texas--Yea: Messrs. Kc:igan, TVaid, and (iregg. Nay: MI-.
Ecmphill.
Virginia- Y c : ~Messrs.
:
Sedilon, W. 13. Preston, Macfarland, Scott,
13rockerihrougl1,.Johnston, and Walter Prcstoii. N a y : Messrs. f Iuritcr
and Mason.
Yea: Alabama, Arkansas, Louisiana, Mississippi, Korth Carolina,
Tonnossco, Tcxns, wid Virginia, 6 .
Nay: Florida and Goorgiti, 2.
Divided: South Carolina, 1.
So the hill was ptassed.

hug. 30. 1SGl.I

PEOVIdIONAL GONGlZES8.

455

3ir. Smith of Alabauxt inovctl to cluingc the title of the bill by

striking out tllc words cases of treason and inserting in lieu thereof
c c criminal cases.
The motion was agrecd to.
Mr. Milcs, iroin the Coininittee 01: Military AAtLirs. rcyorted and
reeommentlrcl the passagr of
R bill making appropriation to :Lid tlic peoplr of Kentucky;
Tvlticli was read first and accord tiriics, ciigi*o~srd,
rr:d third timc, aud
passcd.
Xr. Niles, from the same committee, to whom was referred :t rcsolution providing for the discliarge of drilliiiastcrs voluntnrily serving
in the Army of the Confedcixte Statcs, rrpoi*trvlthc h : i i n ~h c l i , with
tlic ~~e~oiuiiiciid:ttioii
that it he adopted; wliirh WLS :~grecdto, : i i d tlic
resolution as adopted is :is follows:
IYlicrcas under the authority of soiiie of t h e Statcs tlvillinnsters were attachcct to
various repinleiits; and
Wicreas such oficers arr not rwognized b y tlic laws 01 t l w Coiifecleratc Rt:ttcs
and consequently were not mnstrrcd into service; and
TVhrreas several vf siic-hdrill
tcrs have ~ i ~ ~ ~ ( ~ ~ t 1 ~ t ~ I ~ ~tostloeffccti~
s e o i i t i i ti iwryi~~d
ice yoliintiwily \z itli their resp
rrginictits: Tlit~rclow,
e granted 311 honorable tlisc1i;trgc \I licriever they
ResohwJ, That such tlrilhuas
shall apply thcrcfor.

A h . Atkins introduccct
A bill iixing tlic rank and pay of :LdjutanCs of reginicnt~;
\vhich was i*tndfirst :ind brconc! tirnrs :ind referred to the Coiiiiilittee
011 A f i l i h q r AfYairs.
3lr. Vcnablc, introduced
A bill authorizing thc sale of thc steaincr North Carolinn;
n-liicli was rcad first and second times.
351.. Ithctt cdled the question, which T V R upon
~
ordoring the hill t o
be cngroswl for a third rcding: :ind the question being sccoiided,
w i b put, mid tho bill was cngrosscd ; L i d read :L third time.
311.. Waul nlol~cdt h t Collgrehs do now xdjou1-11.
The iuotiori W R S not ngrecd to.
The question then rccurring or1 the l):isstigc o f thr bill, Mr. Avery
callcci tho question; which wis secoirdctl, antl
Mr. \Vaul, at the instance of tlic State of Lexas, drni:tnclccl that thc
yeas and nays of thc whole body he recordcd tlici-coil; which :wc >L\
follows, to wit:
Messrs.
Alt~b~11:1--Yca: Ivlcssrs. Sinith, Curry, :tiid Shortci: Wr~y:

Georgia-Yen: $11..Poremm. Kay: Mexsrs. Craw-ford and T. H. R.

Cobb.
Louisiana-Yen: Mcssrs. De Clouet and Kenner. Nay : Xessrs.
Conrad aud Sparrow.
iMississippi--Say : Messis Brooke tind Ilarrisoit.
North Carolina-Yea: Messrs. Davis, A w r y , and Venablc. E~LJ:
MY. Smith.
Sonth Carolina-Yea,: Ncssrs. Rhett, Mcminingcr, Miles, and 13oyce.
--Yca: Messw. AtkinH, Currin, Caruthers, a n d Thomas.
Nay:
Xessrs.
De Witt and ,Jones.
rLcxas-Yea: Messrs. lteagan, IIcmphill, :~nd Gregg. Nay: Mr.
Waul.

456

JOERNAL OF THE

[Any. :11, M i l .

Virginia-Yea: 'illessrs. Seddon,

.Johnston. and Walter Preston.
BrockenGroug-h.
Yea: Alabama, Arkansas,. Florida, North Carolina, South Carolina,
Tennessee, Texas, and Virglnia, 8.
Nay: Georgia and Mississippi, 2.
Divided: Louisiana, 1.
So the bill was passed.
MY. Miles presented tho memorial of certain nieclicnl officers; wliicli
was referred to the Conimittrc on Military Affairs, without being iwd.
Mr. Curvy moved that when Congress adjourns i t adjourn to meet
at 11o'clock a. in. to-morrow.
The motion was agreed to.
And on motion of Mr. Kenncr,
Congress thcn adjourned until 11 o'clocli a. 111. to-morrow.
EX'EOTJTIVF: SESSIOX.

Congress being in executive session,

The Chair presented to Congress :L communication froin the Pwsident, transmitting, for advice and consent, thc, following noniiiint 10115
'
foi. postmasters :
J. D. Mann, hherdeen, Miss. ; S. I. Lamb, Clarksvillc, Tenn. ; Jacob Isaac?,
Columbus, Miss.; John B. Root, Galveston, Tex.; R. 11. Glass, I,~nchl)nrg,Va. ;
Washington Foe, Macon, Gn. ; \Villiaru F. Groves, ;\Isrictt:t, (;a. ; 1' S. Candler,
Blilletlgeville, (+a. ;

which were referred to the Comniittce on Postal Atfairs.

Congress resumed legislative scssion.

Ol%N S1488ION.

Congress met puvsuant to adjoui*nrnc?nl,and FI"W opencd with prayer

by tho Kcv. Mr. Doll.
Congress then resolvcd itself into sccret wssion.
sI~:clmTSI",S8ION.

Congrcss being in sccret scssion,

Mr. t
h
'
from
, &$issisrigpi,niovrd to take up from the Calendar

:L

resolution rcnwving the iirjiuiction of secrccy from the nppointnicnt

of 5t oornnnittee of ono from cwh Shto to inquire of the eoniinercid
and financial indcl)cndcnca of tlin Coiifeclcratc States.
The resolution WRS takcn 11 1, m i d , and agreed to.
Mr. Cruigo oftwd thc 0 lowing rcsolution; which was rcacl :m(I
tigrecd to, to wit:

Resahred, That tho Prcsiclcnt of the Conf ernte Statcb be requested to cmiiiinriicxte to this lioiicc all t h o iIifonriatioii lit, h i n relation to the landing of I'edcral
)f North Carolina, ai 11Iiat sttsps, if ally, have been txkeii to
repel the invasion ilnd to piit tlic coast in :L stat(>o f dckwc.
MI-.
Rfiett, moved Lo take up for consideration a bill 011 the Cnlcn-

day, to establish the rates of postage on iien.bp:tpers and periodic&,

.ing. 31, lhOl.1

w i t

457

PROVISIONAL CONORESS.

to & d e r \ therein. through the niaili or hy express over post-

ro:1<1>.
proceeded t o the consider:~tion of the hill, mid. section 2
which relates to the carriage of iiewspapers outside the
mnils, the Conlniittee on Postal Affairs moved to airierid the smie by
ktriliing out and for cxprcss coinpaiiies. and also to strike out the
word . package and inscrt in litm tht.rcof the word paper, and
: A o t o strike out the word- d a t i n g t h e number of such papers and
pi-iodicnls.
r\
llic nmendiiients wcre agreed to.
Sec.tion 3 being under considcration, which relate8 t o the penalties
for the violation of the act utider* considertition, t h c Coiiiniittee on
Posh1 Affairs 1110~edt o :mend the sanic by striking out the words

--

1ic1 the hill its ttmended was

Mr. Aliles offered the following resolution; which

agreed to, to wit:

WRY

read and

Resolr ed, That the IIW

Irereby, xnthoriecti to communicate
11 rrpctling 511 invasion or occupation
copies of tin art l o aitl tlie
Statcr, and nil act making appropriof their boil by tlie a i i i i c t l
ntiori t o ,iill tliv 1)rt)l)lc of
(411 ~ V I F O I ~ X a? lie niay think proper,
,in{l t o 1)iibli~liwch ac.ti: w l i ( ~ wcr
\ lie inav dwiii it t y m t i w t t o d o $0.

111..Mile:, iiio\-cd to rcniovc t h o injiinction of secrecy from the resol u t ion :tppoititing n c*oniinittc.eof five to (mimine into and report upon
1 he ntliiiiiiihtrittion o f the Conimiss:~ry. (Juartcrninster, and Medical
I )cyltnlc~nts*
311,. ITempliill oAcrcd t lic following resolution, to wit:
, That thcre be p:ii(l to JZ. 11. Wynric., thc Doorkeeper, forty-five and sixty
oiic-hiintlrccltliu dollars out of t h e coiltingelit frntd nf Congrcsq for c>ywss oE postage
paid 1,y Iiiiir f o i . tlw iiieniIwrp.

O n niolioti of Nr. Perkins, the

)Itition mas laid on the table.
A c~~rnnini~imtioii
WAS rtad Fro
I. .Joshelyii, Private Secretary of
thc lrcxidciit, informing Congr
hat tlie Prcsident on yesterd:iy
itpproved and signed
,In act to require the receipt, by lie postxiiasterh of t h t Confederate
Stateb of I?reasuiy notes, in sums of l i v e dollars a n d iipvards, in paymcnt of postage q t ~ n i or
p stainpcd ciivelopes; also
An act to he entitled .Ail act for the scqiieqtratioii of the estates,
property, and effects of iilieu ciieiiiies, and for the irideninity of citizcln:, of the Confederate States and persow aiding tlic mne in the
115war with the Initeci States.
*. bcott asked leave to withdraw from the file the petition of Dr.
Iho lea^ t: WRS granted.
MI-. Willkni 13allurd Preston, from thr Cvirimitter on Militmy
.iffairs, to whom w i s i-cfcrrcd thc meiiiori:il of the auditing lmwd of
Virgini:t, reported tlic smip b a c ~ i i ,asked to 1x1 dis:c.hargedfrom Yts further coiidcmtion. : ~ n dt h a t tlic mcnioi+tl lic on the table; which \VV~ZS
agreed to.
RBttirs, moved to rcconMr. Miles, from thc Coninlit
1Ly of r*c\olntions to prosi(JeT the vote upon tEic (iig~oq
ride troops in the field wit 11 I ) t . i ~ t d: L I I ~ireqli provkiotis.
r\
1he motion W L ~ ttgrcctl to: ~ n t L

458

JOURNAL O F THE

Mr. Miles moved to amend the same by striking out the original
resolutions and inserting in lieu of them the following, to wit:
Resolutions to provide troops in the field a i t h bread and frc5h pro! isions.

Resolved by the Congress of the Cor$ederute States, That the Secretary of War be, and
he is hereby, directed to furnish to such of our troops in tlie field as desirc it, upon
requisitioii made, and whenever practicable, in licw of the usual ration of flour arb
cyt1ivalent of well-baked hreacl; and to this end he is authorized to estahlihh bakeries
in such Iiuntbers arid at suvh points as may br necessary, or to make contracts for
the supply oi such bract.
Resolved, That a daily ration of frebh vegetabl(>ahe furnished to all troops whenever
the same call be provided at reasoriablc cost and charges to the Government;

which was read first and sccond times.

Mr. Conrad cdled t h e question, which &-asupon agreeing to substitute as an amendment; and the call being seconded, the question was
put, and the striendirient was agrccd to.
The question then recurred upon adopting the substitute in lieu of
the original resolutions; and tho quwtion hing put, the same was
adopted and mcre cngrossed, read third time, and passed.
Mr. Veiiable iiioved to take LIP for consiilcrativii thc resolution
offered by him to extend the time foi. the adjom.nment of Congress.
Mr. Curry called the question.
The call was not seconded.
MY. Foreman called the question; which was seconded, and tlie
motion was agreed to, and Congress proceeclcd to tlie consideration of
the resolution; which i s as follows, to wit:
fi!esolued, That the order fixing Sdturday, tlic thirty-first instant, as the day o f
adjournincnt Iw rrscincletl, and that Sntnrtlay, the sevexlth instaiit [proximo], IJC
fixed as tlie day of adjonrnuient.

Bfr. Kerincr called thc qucdion, which w:is upon agreeing to thc
resolution; m d tlic ctill being seconded, Mr. Vent1blc nioved to reconsider tlic votc by which tlic call for thc quc~tioirwis srconded.
The iiiotioii w)is ngrccd to.
Mr. Ventiblc movcd to aniend tlic resolution by strikiiig out *' Saturday, tho thirty-first instant," and insrrting in lieu thcrcof " Nond:iy,
the second instant I piwxinio]."
The amendment was :qpxd to.
MY. Venablo c:tlled thc question, which was upon agreeing to the
rcasolution ; w h c ~ i i1Mr. Curi*y, :It tho insjtaucc o f the State oft A\labsm:i,
deiri~iideclthnl the yc:ts:~ndnays of the wholu hody be recortlct-l thereon;
which are tis follows, t o wit:
Alabnrnn- Yeti: Mr. Shorter. Kay: Mcssrr. Smith, Curry, Mclk~c.,
:uid ,I oms.
ArliIanstis-Xiy : Messrs. 'I'honit~sonand Garland.
Blorida --Yea: Mr. Morton.
Georgi:i-Nay: Mr. Forenian.
Louisirina--Ytw 8Icxhrs. 1'crl;ins rmd ( h mid . Nay: i\/Zcssrs. I>c
Clouet, Iknncr, rtnd Sparrow.
Mississi q)i-Yw: MY.t3arry. Kay : ;Me . 13rooke :~ndIIarrisoii.
North &arolinn--Yca: Messrs. h i l h and Vcnable. g a y : MY.
Awry.
South Carolinti-Yeti: Mr. lthctt. Nay: Messrs. iLIcniminger and
I3OJlCS.

%ciincssec-~ctl: MY.Rtkins. Nay : Messrs. Currin, Caruthcr;?,

Dc Witt, Jones, ~IOUSC,
and Thorn:ts.

4ug 31, ISFl.]

PROVISIONAL CONGRESS.

459

Tcsa+-Yea:
illesbrs. Hempiiill anti Kml. Xay : Xr. Oldhaln,
Virginia-- Yea: Xessrs. Seddon, TT. 1% Prclston, Ilunter, Scott,
Johnston, and Waltcr Preston. Nay: M u . Hives.
T c ~Floridit,
:
North Cwolina, Texas, and Virginia, 4.
Nay: Alttlwna, Ark:iiirns, Georgia, I m i i ~ i n n : ~hIississiypi,
,
South
Carolina, and Tcnncssec, 7.
S o tlrc$ resolution w a s not agretd to.
,\zr. Shortcr, froni the Coniiiiittve on hgrossiiic.nt, i*cported as (ori w t l y e n g m s d and cnrollcil
An nct to rciiiiburse the State of Florida;
Aii act to allow rations t o cahapluins in the h r m y ;
An act providing for the reception and forwmding of articles sent
to the ilriiiy by private contribution;
An act providing for the appointnwnt of :Ldjntants of regiments aiid
legions, of tlie grade of snhdtcrn, in :tdclition to thc subalteriis attached
to companies;
An act to authorize tlic appointnicnt froin cairil life of pcrsoiis to
thc st:tffs of gcmrals;
An act, to ainend a11 act entitlccl *An:ict to c%ai)lisli a. patciit office,
and to proridc f o r tlie granting :ind iwuc of patents foi*new arid nsef u l discoverie,, in\eiitioiis, iiirlo~(iiici~ts,i t l i d designs, approved
May 21, lSCi1;
An act mtkiiig mi : d d ition:\I :ippropri:Ltio1t for t he p:ijmeii t of
clerlih R I I ~R incsiengcr for thc Poit-0flic.c. lhp:li*t1ilciit, :ii~dto :lutliorizc. the foitiiittstcr-(;c.ilrrtll to :ki>pint: ~ addition:il
n
messenger for the
Ibt-Officc Dcpartnlent;
A i r xct nialting appropriittion t o i i i d tlre pcoplc of Kentucky;
An act providing for dixwing jwors in criininal cases;
An :tct authorizing tlic sale of t h e steanicr Kortli Carolina; m d
A resolution i n rc1:ttion to drillmasters :ippointccl by States.
Nr. Conrad, froin the Coiiiniittcc on Sxv:d ,Iffairs, to whom was
refcrred the niciiiorial of Thoni:i> XI. Kcwc~ll,late :I c:ipttiin in the
Cni tcd Statcs Xavy, reporlcd the m n e i):ubI,, :i\lietl to bc discharged
from its further tonsidemtion, RIIQ that the incinorial lie on tlic tabk.
Mr. Porcmxn inoved to :~iii(~nd
tlic report of tlic coininittee by substituting tlicrcfor the following, to wit:
1Ze if w s o h i d brl l l i e (onfedr., t r l p Co~sqrrat,That the lresiclent be reqncsted to place
Capt:iiii i1ioiiia.q nl. Sen ell, 11110 re<rgrie(lfroiii the C~ii(ctiStates K a \ y upurn llie
le
scct,s.iiiii of the Stnte oI Geoi I , :3ntl 11:ttl I , C W l pLtcetl 1 )II the Iwhto1 l ~ o r i u ~ a blist
by the I)onrci, ha\-iiq bccn rctircvi, not for tlcdlncrit, but Iio~iorably011 a r c o ~ m of
t his
q c , irpuii the w i i c f t ~ ~ t i iin
i g the Confctlciate K a \ y that Ire lrcltl in the Cnited
States Savy.

MY. Conr:Ld niox-eil to poslpoiie the furthcr conhiticration of tlie

rclport and substitute uiitil Konmihcr next.
The motion was agreed to, mid the report :ind sulrmtitiita iverc: laid
o n t h table.
~
11r. Conrad, froni thc Coninii
on K:LL:t1 Affairs, rcpoi-ted mid
i.e~(wiiiiilentl?dthc pas~agcof :I bill entitlcct
,in :ict to nrriend an :tcl relttting to tho prclmynicttt o f postage in
ccrtain cii\(\;
which w:ts r e d first :tnd second tiiiic5 aiid, on inotion, tliv farther
consitlcration of tho bill wa\ po\fponed until N o ~ c ~ n i b next.
er
A l l . C ~ o ~ l r i ~from
c l , the sttnic? comniittce, rcporttd and reconin!endcd
the passage of

460

JOURNAL OF THE

[Ang. 31, 1861

A bill to lxovide an adequate supply of copper f o r 11nva;lpurposeb;

which was read first and second times.
&. c u r r y moved to amend the bill by inserting after tlic l r - ~ r d
mine the words o r mines.
The amendment was agreed to.
Mr. Kenner called the question, which mas upon ordering thc, hill
to be engrossed for a third reading; and the ctdl for the qucstlon hiiig
seconded, Mr. Perkins, at the instance of the State of I,ouisi:iii:L,
demanded that thc yeas and nays of thc whole body 1~ r ~ o r d c cthcxrcon;
i
which are as follows, to wit:
Alabama-Yea: Mr. Smith. Nay: &hshrh. C u r r ~, hIcl<ne, Shorter,
and Jones,
Arkansas-Yea: Messrs. Johnson and Thomason. Say: Xr. Gar1and.
Florida-Yea: Mr. Morton.
Georgia-Nay: Messrs. Crawford and T. K. R. Cobh.
Louisiana-Yea: Messw. De Clouet, Conrad, and Kenner. Nay:
Mr. Perkins.
Mississippi-Nay : Messrs. Barry and Harrison.
South Carolina-Yea: Messrs. Chesnut and 1301-ce. Xav : Messrs.
Rhett, Memminger, arid Miles.
Tennessee--Yea: Messrs. Currin, Caruttiers, De Witt, and Jones.
Nay: Messrs. Atkins, House, and Thomas.
Texas-Yea: Messrs. Mernphill and Waul. Nay: M r. Reagan.
Vir inia- Yea: M c ~ r s Macfarlantl
.
and Itlives. Nay: Mcssrs. Secldon, . B. Preston, IIuntcr, Scott, and Brockenbrough.
Yea: Arliansas, Florida, Louisiana, Tennessee, and Texas, 5.
Nay: Alabanla, (;eorgitl, Mississippi, South Carolina, and Virginia, 5.
So the IIouso rcfuscd t,o consent to tho engrossment of thc bill.
Mr, Milrs iiiovcd to takc np for consideration :L bill on the Culrnd:w,
To autliorixe the President to continue tho appointments niadc 1)y
him in the nii1it:ti-y and naval service during the recess of Cloiigro~,
or the pmscnt session, and to siibniit thein to Congress :it its nrxt
scuuion.
J
up, engrossed,
Thc motioii was ag~oecdto. and the bill I ~ taken
rcad a third time, and passed.
Mr. Conmd, from th )twial committee of five appointed to inquire
into tlw sup d y of pow
and sniall arms, niadc n report; which w a s
civcd and, 011 niotion of MY.Avcry, was laid on the tttl)lc.
311..
Curry, froin the Comniittec 011 Postal Affair>, r e p r t c d and
rcc.oinnit.ndcd Ilw ptissage of
A bill intdring a r i :idclitional qq)ropriation for the pnyintnt of clerk:,
anti :I niessentr.ei.for the lost-Otfcc Ucpartment, :ind to authorize thc
an additional inessenger for tlw Iost~ o s t r n a s t e r - ~ ~ton appoint
(~r~~~
Office Department.
The bill was read first and second tiinw, engrossed, read third time,
and pnused.
Mr. Curry, from the Cominittce on Xules, reported the following
resolution; which ~ v n hread and ngrcecl to, to wit:

Rf.Yok*fd, That the prowrdings of the Congress in cecrct session shall be held, and
(+onsideredto be, in confitlrnc~,tintil the injunction of sccrccy has been duly removed
by the consent of tile Congress, upon niotion inxcte for tl~atpurpose.

h u g . 31, 1?61.]

IROVIS t0NAL CONGRESS.

461

Mr. ,\very called for the conbidertition of his nlotioti to reconsider

the vote on the engrossment atid passage of
hill to authorize the :ippointnic.nt, of supertl~ullci~:lr~
ientenants
in the Pi~)vi4oii:dArixiv.
The motion m ~ sa g k e d to, and the vote was rocon\idered. when
MY.,\rerj- offered a s a ?id)stitutc for the original ])ill
,I bill to authorize tlic appointment of drillmasters, with the ranli. of
second licLiitenant, in tlic Irovisional Rriii~?.
The sul)stitnte ~ : i agrecd
b
to, read first and second times, engrohsed,
r e d third tiinc, and p a ~ ~ d
Mr. Milcs niovcd to take t i p for coiisidcrtition
-1 bill on the Calendar elititled *.An act explanatory of an a c t
mieiidatorr of an act f o r thc orpnization of tlie staff dqxwtnlents of
tlie Army, : ~ n dnn act for the estahlihiient mid organization of the
hniij of tlie Confcdernte Sjlitles of i2iiieric2t, approved March fonrtccnth, eightcen hundred niiti sixty-one.
1he niotion i m s agreed to, mid the bill was taken up, and, on motion
of Jlr. ~I7illinin
Baliard Preston, the further consideration of the saiiie
was postponed until Noreniber nest.
The Chair p r w n t c d a comminiication from the President, in re ly
to n rcsolntion of inqiiiry froin tlic C o i i g ~ ,inclosing teicyppliic Jispatches froiti Gcncral ( h t l i n , of North (>a h a , wlativr to tlie taking
of IJort IJ:tttcra\, in thn
r 3

ititil s ocloch 1). 111.

0~~1,0CK
1. 31.

l l r . I k Clouct. Ivoiii l h e Conniiittcc on Accounts. reported a resolution in reg:n.d t o certain nioncy\ of the Congrcs; which was read
first and second timcq, ~ n g r o w d i, w t l third time, and 1,
A l w , n rcsolution in rwpcct to the i u ~ c o u n of
t ~ Congrc
re:td first and wcoiid tiin(>\, engrosvd, rend third tiiiic, atid passed.
Mr. Macfarlxnd, froin thc special comniittco of otic fro111cwh State,
appointed to inqiiirc iiito and report upon thc condition o f the hospitals
for tlie sick arid woundcd soldierh, reported :is lollon s, to %wit:
That the cominittcc iiistrnrtrd to itiqnirc info f hc coiiditioii
.1r111~,anti songlit iiit

11rtli

:iiid

iiianagenient of

the wrgconq ha\ iiig them iiiider t h w r charge, wtli

to swiiic for thc n o u n d t ~ land sick solclierr the best iiicdical attendance and the
aiiip1c.t pro\ri<ioii lor their \\ants.
Tlicy h:t\ e the satisfaction to report that thc tioyitxls ~isitetlb y tliern are under
tlio tlircc tiori of skillfnl surgeons, attended 1)pnurses, niale antl feniale, in a neat (ont l r t i o i i for the most pait, some of thcvn i n e\ccllent ordcr and unpplied nitli prol~cr
I~c~cltl~iig
and other ncceqsaries. Many ladie3 who Itarc been alike coinpasionate in
tlivir efforts to niinistcr to the necesities of the suffering soldiers are \t ortliy of the
nioit thanktul acknon ledgment.
Their delicaacy iiiight he offended liy direc*tingpublic attent ion tu thrnr, and therefort,, 1 our coiiliiiitke Lolltent Ihenirel\es n ith stating tlint they are of thc clifferrnt
religiuri- ~lenoiriiiiationsaillong II<.
It 19 clue alc, to the city of Itichiiionti to Ftate that thc L i t i m n s lisrc heen I i l m d
m d tonbidcrate in thcir contilbutionq, RU I\ e l 1 aq i n their kindnew antl c i ~ i l i t i ~ s ,
evincing R generous solicitude to n e l c n n i c ~as iricntls all those of the Army by whom
their synipathy in inisfortunc,woulcl be accepted.

JOURNAL OF THE

462

It does not seem to the r~ommitteethat any bpecial legislation iand they ask to be discharged.

[ \w. 31, 1861.

110u

llcbcessary,

Mr. Shorter, from the Cominittce on Engrohslnerlt, rc.porteti a9 c o p

rectly engrossed and enrolled
An act t o authorize the appointment of clrillrriahtcr~,with t h v r:iiik
of second lientmant, i n the Provisional Armr.
Resolutions to provide troops i n the ficlti with b r( v d and f'wsh provisions; and
An act to establish the rates o pobtage on 11c~vsptlpc~1.~
: ~ n dperiodicals, sent t o dealers therein, through the inails or 1)y expresY over postroads.
A message
received from the President hy the h:Lnds of h i q Private Secretary, Mr. ,Josselyn, informing Congress that the President
has this day ap roved and signed
An act to aut iorize the appointment from civil life of 1)t'rm~s
to the
staff's of gcncrals;
An act providing for the appointnient of adjutants of regirncntii and
legions, o f the grade of subaltern, in addition to the subaIterns attached
to companies;
An act providing for the reception and forwarding of xrticles sent
to the Army by private contribution;
An act to allow rations to chaplains in t h e Arrny;
An act mi~ltingappropriation to aid the people of Icentucky;
A resolution in relation to drilliiiasters appointed hy States; and
An act making an additional appropriation for the paynient of
clorlts and a messenger for the Post-Officc Dep rtn ie n t, and to authorize the Postniaster-Generxl to appoint an additional messengt?r for the
Post-Office I)a~'artnlcnt.
Mr. Shortcr, from the Coininittee on Engrossment, reported as ('orrcctly cngrosscd arid pnrollcd
Resolutions in rc.latioii to the accounts of thc Congresr ; and
ftosolutions in regal (1to certain nioncys of the Congress.
Mr. Brooke offered the following resolutions; which were road first
and sccond times, t o wit:

Resolved, That the decretaiy of the Tieawry be authorized and required to pay to
Plladimii Mchfee, ,quarterrnastri -general ~i t h e State of Mississippi, that portion of
the accounth of *aid State agxinut t h e C'otifcderate States now audited and allo.*vetlby
the proper accounting officers 011 tticauthority prescntcd by said McAfee, attested by
\V. 1. 13ruwi, adjutant and inspector gt3iieral of said State, by order of the governor
tlicreof.
Uesolvctl f w t h o r , That the Secretary o f tho Treasury he authorized and wquired to
1)ay t o s& McAfee the further stun of ten thousand dollars, to be applied to the
wants of thc. sicLk ant1 nountletl soldiers of said State and for t h e use of hospitals for
iuidrr his, the said VcAfee's, directionq; the said sun1
r that portion of her acconiits against the Confederate
loivd: Provided, [That] the assent of the inilitary board
of said Statc 1 x 3 first had and obtained.

Mr. Milch callt~lthe cluestiioii, which mas upon ordering the rcsolutions to be ciigrossed for a third reading; and the call being seconded,
Mr. 13roolie,at the instance of the St,ate of Missisqippi, demanded that
the 37eau and nays of the whole body be recorded thereon; which are
as follows, to wit:
s. Smith, Curry, McRae, Shorter, and ,Jones.
rs. Johiison a11d Thomason.
rs. I'Iomcll Cobb, Foreman, and Chmford.
rs. DC Clouet, Conrad, Kenuer, aiid Sparrow.

Aug. 51,18611

IROVISIONrZL

CONGRESS.

463

Mississippi -Yea: Rlessrs. Brooke, Orr, and Rarry. Say : Mr.

Harrison.
Iiorth CrLrolina--Say : Slessrs. A w r y , Sniith, :\rid Venable.
South Carolina-Nay: Messrs. lihet t, Miles, and Boycc.
Tennessee-Kay : Mcssrs. Atkins, Currin, Cstruthers, De Witt,
Jones, House, and Thomas.
Texas--Say : Slessrs. licagan, Hemphill. M-aul, and Oldham.
Virginia-Yea: ;Clesrrs. Mncfarland, Johnston, and Ualter Preston.
Nay: Messrs. W. B. Preston, I1unter. Scott, a i d 13rockenbroug-h.
Yea: Mississippi, 1.
Nay: Rlahma, Aikaiisas, Gcorgia, I~ouisiaiii~,
North Carolina,
South Carolina, Tcrinessee, fcxas. and Virginia, 9.
So the House refused to consent to the engrossincnt of the
resolutions.
Mi-. AleRae offered the following resolution; mhich was read and,
on motion of Mr. Awry. was laid on t h e table.
Rrsolved, That the President bc requested to cause :t iigid inquiry to be made into
the organization of the Army, for the purpose of ascertaining I\ hcthm ttic various
mtioii Icquired by law, and,
regiments, battalion$, arid companies have the
here they arc Pound to be jnroiripl~~tc
or other
rcgnlar, lie i5 licreby authorns t h e cam iiiay be, so as to
iwd anti r r q i i i i r d to coildidate or clivitle the
anizatioii conforin to tlic a c t of the bixtli of XIarch, eiplitecii hundred

X nicss:ige W L ~ rcccived fi*om t h e Prcsident 1)v tlic hands of his

:it(? Secretary, Xfr. ,Jossclyn, itiformirig Congr
that the iresit l c i i t 1 1 ~ 1 thi>
,
day :qq)ro\ cd ant1 signed
. \ I I :wt to chtaMisli tlic mtm of postage on ncwsptipcr,.im d periodi(xl\, seiit t o dcslcrs thcrcin, through t h e mail\ or 1)y oxprcss over post4i.i\

ro:l(l*;

licsolutions in r c g t r d to ccrtain n1onq-s of thc Congress;

lieholutiori* to pro~7idctroops in the field with bread and fresh
provisions;
Kesolutionr i n rchpect to tlic ac.t~oiinti:of the Congicss; and
An a c t to rcimbursc the Stxtc of k1orid:i.
Mr. Curry off ercd t hc following nsoliitioii, to wit:
Ilesolved, That a coiiiiiiittee be appointed to n ait U ~ J O Itlici
~
Ircwticnt and inform
him that (ongresi: ii: no\+ readv to adjourn, uiiles. h e has iui tliai cominunicatioii to
make to the body.
M i * . Conrnd iiiovcd to lay tlw resolution on the taBlc, and called the
quvstion; whirli w:i\ sccondcd; and :I votc haying been taken thereon
follow\-s,to wit:
by States. rcinltctt
Yea: Florida, I,oLiwi:a, Texas, and Virginia, 4.
Xay : Alahania, Arlmmas, Georgia, Mississippi, North Carolina,
Sonth Carolina, arid Teiinessee, 7.
So the motion w : i ~not agreed to.
The question thcn recurred upon agreeing to tho rcsolution; and the
question bciug put, the resolution was agreed to, and the Chair
sinnounced the following as the committee :
Messr~.Curry of Alabama. Crawford of Georgia, and Currin of
Ten nebsee.
Mr. Kenner moved that the injunction of secrecy be removed from
the report of Nr. Macfar1:~ndon hospitals and the same be published.
The motion was agreed to.

464

JOURNAL OF THE; PliOVISIONAL CONQEESS.

Mr. Miles offered the following resolution; which

$greed to:

'itah

[.\LIP.

31,lXliI

rtml and

XesoloPd, That the injunction of secrecy be reinoreti as to d l a( ts ant1 r ~ ~ w l n t i o i 1 s

of a public nature passed and approved at the present session, except snch :is nmy
have the injunction upon them in whole or in part.

Mr. Curry, from the committee of three appoiutcd to \mit on thc

President and to inform hini that Congress TVRS ready to ndjourn if he
had no further communications to lay before it, reported that thc,
committee had discharged that duty: That the l'rcsitlent had cxprcsscd
himself highly gratified at the extent of the confidence, W ~ I in
O hi111
~
by the Congress, and t he prompt and efficient aid alforded to hiin in
the administration of the Government, and that h c had n o further
communication to make which would require further lcgiilation f o r
the present hy tho Congress.
Mr. Crawford moved that Congress do now adjourn.
The niotion was agreed to. and thc Chair dcclarcd thc Congress
adjourned until the third Jiorida~in Kovenihcr ncxt.
EXECUTITT SESSION.

Congress being in executive session,

The Chair presentcd a coinmuriication from thc Prcsident, withdrawin the nomination of Thomas K. ,Jackson, to he lieutenant-colonel

(5

in the eorgia Legion, and nominating for said appointnient Kichard

R. Gnrnett, of Virginia.
Congress advised and consented to the nomination.
T h o Chair presented also a comiiiunication froni tlic Prwidcnt,
making the following noniinations of generals in th e Arrnx of the Confederate States, to take rank as followb, viz:
Ganiucl Cooper, to tfatc from I(it11 Xav, 1861; AlheI t S.,John~ton,to dale from SOtli
May, 1861; Robert 15. h e , to date from 14th June, 1861; Joseph 1'. Johnston, to
date from 4th July, 1861 ; C. T. 13cmwegart1, to date from 21st Jnly, 1SG1.

Congi+cssa d v i d and consented to the nonhationq.

The Chtiir also laid before Congress a communication fi-oiii the
President, nominating as aids-de-camp to the President, with the ranli
of colonel of cavalry:
Joseph R. Davis, now lientenant-colonel of Mi
Lee, captain of engineers i n Confederate States

i Volunteers, arid Cicorge \V. C.

Congross advised and consented to thc nominations.

Congress agreed to the rnotion of Mr. Curry, to reconsider t h e vote
by which Congress
ised and consented to the nomination of ,J. &I.
Reid, to be postiiia
:kt New Orleans.
On niotioii of Mr. Sparrow, said nomination was recomiiiitted to the
Coiumittcc on Poqtal Affaii-s.
Mr. Curry, from the Connnittec on Yostal Affairs, to which I W L ~
reEerrcd thc couiiiiunication of the I'resident transrnitting, o n 3Otl1
instant, noiriiriations for postmasters. reported the satile back mttl
rccomnicnded that Coiigress advise and consent to the nolninatious.
~,
except that o f \\'nshiagton Poc, to he postmaster a t M R C O ~Ga.
The report JVil:, t~giwdto, and I l i e iioiiiintitions as rccomrnendeti W C W
advised nnd coiisc?nted to.
On motion of Mr. Curry, the nomination of Washington POPw w
postponed until next session.
C o ~ ~ gresumed
r e ~ legislative session.

PROVISIONAL CONGRESS
0F

T H E CONFEDERATE STATES.

VIRGINIA - - - - - - - - -.

--

- .. .

J. W. Bnoelicnbrough.
R. M. T. Hunter.
W. H. Macfarland.

Mr. Miles moved the appointment o f a committee of three to wait

upon the President of the Confedenatc States to inform him that Con1

J--VOL

1-04-30

465

466

JOURNAL O F THE I-ROVISTONAL CONUR,ESS.

[Sept. 3,1861.

grys had assembled and was ready to receive any co~~~munication

he
might desire to make.
The motion ivas agreed to, and the Chair appointed the follolving
as the committee:
Messps. Miles of South Carolina, Hemphill of Texas. and Craige of
North Carolina.
Mr. Miles, from the committee appointed to wait upon the Iresident.
reported that they had discharged that duty and that the President
would communicate with the Congress in writing.
The Chair presented a comniunication from the Yresident; -\Yhich
was read, and is as follows, to wit:
GENTLE~IEN
OF COXGRESS:
The bill important to the public service, being one to
continue in ofice persons who had been appointed and nominated and whose nominations had not been acted upon, was, I learned after your adjournnlent on the 31st
ultimo, enrollecl for niy signature, but by some accident was not dcliverecl to me,
and th11s failecl to beroaie a laiv; wherefore it has become necessary to collvene 3 ou.
You nay either inake the provisioiis contemplated, or, by acting upon t h e nominations, or other\\ ise, as in your judgment may seem best, relieve the Gorernment
of the enibarraesnieiit to which otherwise i t must be subjertcd.
JEFOERSOK DAVIS.

Mr. Miles presented

A bill to authorize the President to continue the appointments made
by him in the military and naval service during tho recesses of Congress, or the last or present session, and to submit them to Congress
a t its next session;
which was read a tirst and second time, engrossed, read a third time,
and passed.
h h . Reagan introduced
A bill snppleniontal to an act to establish the rates of postage on
newspapers and pcriodiails, scnt to dealers therein, through the mails
or hy espress oror post-rods;
which was read fii-st and second times, engrossed, read third time, and
passed.
Mr. Shorter, from thc Coniiiiittee on Engrossment, reported as correctly engrossed and enrolled
An act, t,o authorize tho Yresident to continue the appointments madc
by him in the niilitwy and naval service during the recesses of Congress, 01- the laat or present scssion, and to submit them to Congres;t at
the next session; and
An act supplenir:nt,al to an act to establish the rates of postage on
newspapers and periodicds, sent to dealers therein, through the mails
o r b y express over post-roads.
qge was received from the President by the hands of his
Private S m v t a r y , Mr. tJossclyn, informing Congress that the President has this day appi.owd arid signcd
An :wt to aiithorizo t,hn President, to continiic the appointments rnadc
by him i n the niilitary and nnval service during the recesses of Congress, or tho last or present session, arid to submit them to Congress at
the nest session;
Also, an act supplemental to an act to establish the rates of postage
on ncwspapw and periodicals, sent to dealers therein, through the
mails or by cxpress over post-roacis.
Mr. \Van1 moved that Conwess do now adjourn until the third
Monday in November next; wkch mas agreed to, and
The Chair declared the Congress adjourned until the third Monday
in November nest.

PROVISIONAL CONGRESS

T H E CONFEDERATE STATES.

01'137s

SESSION.

In purm mc c to :L notirc of niljonmmcnt, Congress iiict at, 1 2 o'cloclr

ni. to-day nt thc Capitol, iii thc city of Itichinond, auci mas opcncd
with p r a ~ wby the Rev. 311.. Flinn.
1'pon :L call of the roll, the following nicmber.; ansmered to their
ii:irncs, rcspcctively :
Ji;*os,7 the siccte ofALABAMA
.....- - - - -.
- - - - - .- .- - - - 15'. '. Chilton.
J . L. M. Curry.
G ~ ~ O I ~ G.~ I A... - . .. - ....- - - . I-rowcii c ~ M ) .
niIssIssIPP1 ..

____

.__.

__ ____

.. _
.

w.s. I Z W ~ .

NOKTII CAILOLINA_..
.__..
._ .. A. \V. Venablc.
TBSNERSEE. . -.- - - . - .... John P. IIousc.
Thomws M. Jones.
.J. 1). C. Atkins.
William tI. 1)e M'itt.
- - - - - - .- - .. . Wi1li:tm Ballard Preston.
VIRGINIA.- - - - .
J o h n Tyler.
W. 13. Macfarlaiid.
William C. Rives.
Robclt E. Scott.
Charles TV. Russell.
Robert .Johnston.

Mu. Venablc of North Carolina moved that a committee of three be

appointed t o wait upon thc Pre4dent to inform him that Coiigrpss was
in session and ready to receive any communication hc might desire to
make.
46'7

;IOURNAL O F THE

[SOT

I!), IS(i1.

The motion was agreed to, and the Chair announc.cd thc follon.ing
as the committee, viz:
Messrs. Venable of North Carolina, Scott of Virginia, : ~ n dBarry of
Mississippi.
On motion of Mr. Tyler,
Congress then adjourned until 12 m. to-morrow.

SECOND DAY-TUESDAY,

NOVEMBEI~
19, ltltil.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer

by the liev. Mr. Brown.
The following members not present at the opening of the scssion
appeared and answered to their names:

From the State qfLOUISIANA

..- .
-

- - .- - - - - - - - -

Edward Sp:~rrow.

_ _.
..
._
_ __W. P. IIarris.
~VISSISSIPPI
_ _ _ ___..__
_ -_

Walker Brooke.

J. T. Harrison.

NORTHCAROLINA
- - - - - - - .- - - - - - Gcorge Davis.
SOUTHCAROLINA
- - - - - - - - - - - - - - - - C. G. iMeinniinpcr.
TENNESSEE
- -.
- - - - - - - - - - - .- - James H. Thomas.
TEXAS_ _ _ _ _ _ _ _ _ _ - _ _ - .- - _ _ - -.... John H. Re~gan.
VIRGINIA- - - .- .. .
... James A. Seddorr.
Mr. Venahle, from the committee appointed t o wait lipon the lresiI

dcrit of thc Confcdcrate States rind to inform him that Congi

in session and wits prepared to rcccivc any con~n~utiic.ation
rriight desire to make, reported that they had performed t h a t duty, and
that the Yresident stated he would communicate with Congress in
writing.
A message was receii-ed froin the President hy thc heiidb of his
Private Secrctsry, Mr. Josselyii; which was read, and is as follows,
to wit:
To the Congress of flw Cow-fcclerateHates.
The few weeks which i a x elapsrd since your adjournment have brought us so

and we are gradually Iwcwning iiidepcndcnt ot the rcst of the n orltl for the supply
of siwh militai y stows ant1 iriiiiiitioiis as are intlispensn1,lc for war.
The operations of t h e Army, soon to be pwtidly intcrluptctl by the apgroac~lriiig
n intcr, lia\c affortlcd
iotcction to the (wintry, 111x1 lied a lustn. npou i t q :trins
through the trying \ ic itndcs of iiiorti ttiaii one ardiiony cmnpaigii, M Iiic~lichiititlr
our brave volnntccrs to otir praise and oiir gratitude.
From its coinmrnccineiit u p to the present period the \Far has berii e li2tigi11git:
proportions and expanding its boundaries so H Q to include new fields The u j ; i Hict

b y tho (onft&mte G o w n i n i w t to conyut~rc)r cotm*e t h e people of that State, but,

011 the contrary, it \vas dec,lared by o w generals that, they ~ ~ o u lwithdraw
cl
their

ple liberty of clioicc and n free oljportunity to dctide their own destiny according to
their o w n will.
ting the great contest in which
T h e Briny has been chiefly instruineiital in
in full pFoportion to its inemis.
but t h e Sa1--yha5 a
opportuility to make their procrs, deprived to a g
th conimendahlc zcal ancl gallantry on
7:iiiable at sea, liaye
f which will be fou~ldin the I-eportsof

470

JOTJRNAL OF THE

[SOT.

19.1861.

overcome by time and an improved condition of thc coiiiitry ~ p o ntlie reitoration of

peace, but others nray be remedied by lcgislation, ant1 yonr attention ii i n v i t d to the
recommendations coiitaiiiccl i n the report of the head of tliat Jklpaz tinent.
The condition of the Treasury will, doubtless, be it w1)jec.tof anvious illqtliry on
your part. I am happy to say that the financial systeiii already atloptetl ha+ n olked
well so far, and promises good reiults for the future To the r v t e n t tha
notes may be issued, the Governrnent is enabled to borrow
and thus facilitate the conduct of the ~ a r .This extent ia
of the field of circulation M 1iic.h these notm can be inade to
of the field thus ocbcupied depends again upon the amount
they are receivable, and when dues, not only to the Coiifcdcrate arid State go\ c w i menk, but also to corporations and intlividnak, are payable in this nleiliuni, a largc
anlount of i t may he circulated a t par. Theie is eTery reason to beliew that the
Confederate Treasury note i$ fazt beconiing such a medium. The pro\ iqion that
these notes shall be convertible into Confederate stock, bearing eight per cent intcxrest, at t h e pleasure of the holder, iiirures them against a depreciation helow the T xlnc
of that stock, and no considerable fall i n that Ialue need be feared so long as tlw
interest shall be punctually paid. The punctual payriieilt 01 this interest has becn
secured by the act passed by you at the laqt session impoPing such a rate of tasatioii
as must providc sufficient nieaiis for that purpose.
For the successful prosecution of this war it is indispensable that the 111
transporting troops and military supplies be furnished, as far as possible, i
manner as not to interrupt the conimercial intercourse between our p ~ p l 110
c
a, check on their productive energiex. To this rrid tlie nieans of transpui tatio
one section of our country to tlie other must be caiefully guartlcd and i m p UT t a d .
And this should be the object of anxious care on the part of State and Conietlwatt~
goveinments, so fai as they may hare power over the suhject.
We haye already two main SJ steins of through transportation from the north to
the. south-one froin Xichinond along t h e seaboard, the other through weitt.111 V '
ginla t o New Orleans. A third might be secured by complcting a link of about fc
miles betweeii Dandle, i n Virginia, and Greensborough, in North Carolina.
construction of this conipnratively short line would give us a through route f
north to south in the interior of the Confederate States, and give u~ acce's to a popiilatiou and to military rwources froin vhicli TX e are now in great riieasurc tl(~baricd.
\Ve should increase greatly the safety and capacity of our meails for tranLportiiig
inen and military supplies. If th
ould, i n the jiitlgiiiciit
of Congress, as it is in niine, be it
the nar, the action of t h e (iowrt
opes, ant1 attontion is
objection which would attach to
invited to the prartimbility of secwring its ettrly completion by pix ing thc iiredful
aid to tlie conipwny organized for its constrnction and atlministratioii.
If wc hushantl a i r inearis antl make a judicious use of our resourws
tiring n hich we could contluc t a. IF a
ditEciilt to fix a, lirnit to t
The very efforts v, hich he malrcs t
adwmary whom LVC now
whilst they serve to complete the circle antl
iirvade us must exhaust
diversify thv protlnctionr of our industrial system. The reconstruction wliich he seeks

1s piust be charac-

barded undefrnded
hem to escape, and

SOY.
19, 1861.1

in

47 1

PJlOV1SION AL CONGRESS.

instance selected
night as (lie period wl1en they might surprise them
cff(:ctnal!p, wliilst a
and nnsuspicioiis of dai er. Arson and rapine, the
uction of priwte h o
I I property,
~
arid iiijnri of the i!ioFt \niliton char, even upon nonconib:ttants, hare niarketl their f a r s along o u r borders Rntl
our territory. d l t l i o u g h we ought to have been
that, they were disposed to iriake \stir iipoii 11s i n tlic n
vt! were n o l prepwed to see tliciii iit out a large n
d purpose not oiily to pillage bnt to incite SL wrvile itisiirrc~ctioiiiii onr inidst.
t,liey convert, thcir soldiers into iiircii aries ant1 robi)c.rs, anti iiirolve us iii a
q)ecic.s of war whicli clairiis noncoiiibataiit woinen, and children as its &:tinis, they
iiiurt expect to bc trcntecl as outlaws and ic:niic*s of mankind. There are certain
rights of Iinmanity w h i c h are entitled l o rcqxct, CWJI in war, aiitl he who refuses to
regard tlieni forfeits his daiiiis, if captiirctcl,to be conaiiicrcd a? a priroiier of v a r , but
niurt espcct to be doalt with as an offeiidci against till Ian-, Iiiiiiiaii am1 divine.
of n:ttions at 110111c, they
But, not coritcnt with violating oiir rights under t
have csteiided tlicse iirjuric>s to 11s witliin otlicr
gciit1ciiic.n i~lioni,with your approval at the last se::
the Coiiiederiwy at wrtaiii foreign courty have been r ~ c e
s ship of war on board a Uritipli steaiiier
mrt of IIavana to I?:nglaiid. The United
tion over tho higli was, arid entering a 13ritish ship, sailing iinrlu
violated the riytits of ciiibaesy, for the most p a r t held sacred (vilii
aiiionpst barbarians, b y seizing.our iniiii~tcrswhilst, under tlir: protection a i d wif-iiin
tlie tiominions of a neutral nat1oii. Iliesc?geiit,leiiic~nrverc: its ~ricichuiider the jiiri;.diction of the British ( ; o v i ~ r i n i au1)oii
~ t t l i n t ship and beiiratli its flag as if thcy had
been on it,s soil, and a claim on tlic part of the liiitctl Ftaiw t.o wize thciii in t,lie
strwtu o f 1,ondon \vouli I Iinv
riiitied av t h a t to apy~ehr:ndthcni where
1 citizisns (:vex of t!ic? Unitcit
they were talren. l ~ l a c ltlic
v h i p or oii British F!)il, iinlezs
ling t,o the Coriiis tli(Arc!in proOJIC

Jiav Iwcn reco-nized so long by

that i t \vits to ho niiirc:rsally
p of their practice ratlier than
t,trrir declarations; aiid if such tleclarations are orily to be enforced in particular
instances at the pleasure of ttiost: \rho in:ike theni, then the colIinIcr(eof t h e world
so far froin being p od niirier the regulation of a general law, \\-ill I~cco~iie
subject,
who escc~uteor snq)end it at will. If each is t o be the coiirse
to the caljrice of tti
of iiatioiis in regal o this law,i t is plain that, it will thus I J ~ C O I I :tI ~ rt11c
~
for tlie
weak a n d not for the strong.
Feeling that sncli vicws i n u s t I)c taken b y the iiciitral n:Ltioiis of tht: earth, I have
c : ~ ~ ~ rthe
e d e\ri(lerice to IJe (:ollccted \vIiich pioves cwinpletcly t h e nttw inefficiency
of t h e proclaime(1 blot:kude of our coast, ant1 shall direct ii:11,
I z i ~ Ibcfore such
g.o.i-criimeatsas s l ~ a lafford
l
us tlic nieans of being hcard. Cut, although I\-e should
t)e benefited b y ttie enforcement of this l a w so wleiiiniy declxrcid by the great
powers of Ellrope, we are not dependent
t h a t enforc:cnic,iit for the succes~fiil
onfetltmte States will
prosecutiorl 01 llic Tvar. .ks long ZIP hostiliti
exhibit a steadily increasing capacity to furl1
t,h food, clothing, and
arms. If they &otlld be forced to forego inany of t h e irisuries afld some Of the
comforts of life, they nill, at least, have the ,consolatioii of knowing that they are

JOURNAL O F THE

[SO\

21, l%l,

ing more and more independent of the rest of the xmM. If, in this
the Confederate States should be gradually diverted from those
pies ffhich haj7e given 1
hannels, so as to make t h
ustomers, they will n u t be the only or e\
direction of their inciustry. Although i t
Southern States could only be totally cut o
yet it is plain that a long continuance of tlt
and a n investment of capital in other employlnent., so diminish the w p p l y as to
bring ruin upon all those interests of foreign countries which are dependciit on that
staple. For every laborer who is divertcd from the culture of cotton in the Sunth,
perhaps four times as many elsewhere, who have found suhsisteiiw i n the x arionr
employments growins out of its we, will be forced also to change thcir occupation.
While t h e war which is n aged to take from us the right of self-govern1iieilt can
never attain that end, i t remains to be seen how far it may morlr a revolution i n the
industrial system of the world, which niay carry snffering to othcr
to our own. I n the nieantirne, we shall continue this struggle in
dence upon Providence, from a how searrhing sprutiny we can not co
of our hearts, and to whose rule a e confidently snbmit m r deqtinics. For the rwt
we shall depend upon ourselves. Libcrty is always won where there rvistp the
unconquerable will to be free, and we hare reason to know the strength that is
given by a conscious sense, not only of the magnitude but of t l i ~riphteousne~sof
our cause.
JEFFERSOS DAVIS.
RICHMOND,
November 18,1861.

Mr. Venable of North Carolina moved that the mesbtrgc be hid on

the table and 5,000 copies of the same be printed for the m e of the
Congress; which was agreed to.
Congress then resolved itself into secrct session.
SECRET SESSION.

Congress being in secrct session,

Mr. Mernminger moved that when Congress adjourns it adjourn to
meet again at 12 in. on Thursday.
Tho motion was agreed to; and,
Upon motion of Mr. Curry,
Congress adjourned until 12 in. on Thurhdaty.
THIRD DAY-TIIURSDAY,

NOVEMI<EI~
5'1, 1861.

OPEN SESSION.

Congress mct ursuant to adjournment. and was opened with prayer

by t h e Rev. Dr. ?loge.
Upon motion of MY. Memminger,
MY.Bococli: was called to the chair.
The following inembers appeared i n their seats and answcrccl to
their names, vie:
From the State qfALABAMA
_ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _R.
__
W._ _
Walker.
_______
R. I-I. Smith.
13. C. Jones.
LOUISIANA
................................
_.
D. E. Kenner.

VIRGINIA- - - -

__

R. A. Pryor.
Thomas S. Kocock.
Congress then resolved itself into sccrct session.
--__ - -_

_ _ _
_
_
._ _
..
_ _ . _

P R O V I S I O N A I ~CONGliESS.

413

Congress being i n secret, session,

il, niclssage mas received froni the President, by the hands of his
Private $;ccrctai.j, Mr. t J o \ ~ ~ l y ~ ~ .
The Chair prcseiitcd a communication f r o m the President, transmittiiig to Congress thc r e p o r t and estimates of t h e Secretary of the
S n r y ; which were iuead and referred to the Committee on Naval
.\tfairs.
Also, the report ,zud estimates of the Secretary of the Treasury;
which werc rcad, referred to the Coininittee on Fiiinncc. and oril~rcd
to hc printrd for the private usc of the members.
3Ir. Vciiable offcrcd
resolution authorizing the Secretary of Congress to appoint an
additional secretary;
which, upon motion of Nr. Curry, mas referred to the Conirnittee on
Accounts.
Mr. Memmingcr offered
A resolution mtkiorizing the Sccrctaiy of the Trcahury to transfer
certain Govcrnnicnt f u ~ i d s ;
which was rcnd and, on nid3on. rcfertwl to the Coniiiiittec on Finance.
On motioli of Mr. Sniith o f iZhI)ania,
Congrcss then t~cijourncdiintil 12 oclo(*lito-mori-o.iv.
KS EOUTI\E SESSION.

Cvngrcss being i n cxccuti.ie session,

Tlie Chair h i d before C o i i g r ~ +it communication from the President,
noniinatiiig, for tlic advicc and coiiseiit of Coiigrebs, tlic follon.ing names
for nuijor-gcncrnls and brigadier-generals in the Provisional Ai-iriy,viz:
M a p / -gcizcxd.q.

a, to date from Septcmbcr 12, 1SG1.

Braston Rragg, of L
1Sarl Van I h m , of
) p i , to datc from Septrniber 19, 186l
Gustavus \J. Sinitli, of Kcntnckv, to (late from Se1)teiiiber 19, 1861.
T 11. Holirwq, of X o r t h (arolnia, to date frolu October 7, 1801.
from Octoher 7, 1861.
(late from Octobcr 7, 1861.
na, to date from Octokier 7, 1861.
tc from October 7, 1861.
from October 7, 1861.
date froiu October 7, 1861.
mi October 11, 1861.
George B. Crittenden, of Kentucky, to date froin Xorember 9, 1861.
A\

Urigad~er-ge,2el.cri9

31. T,. Bonham, of South Carolina, to (late from J u l y 14, 1861.

Joq. 1Z. Anderson, oi Virginia, to date froin heptcmber 3, 1861.
billion l3. Buckner, of Kentucky, to date from September 14, 1801.
1,. 1. Walker, of Alabama, to date from SepTeinbcr 17, 18G1.
A. G. Blancharct, of Louiqiana, to date froin September 21, 1861.
Gabriel ,J. Itairis, of Kentucky, to ttatc fioiii September 23, 1861.
J. 13. B Stuart, of iirginia, to ttattx fioiii September 24, 1861.
Laiayette McLau s, of Georgia, to date from September 25, 1861.
T. F. Ikdytoii, of South Carolinn, to date from September 25, 1861.
T. C. TIiiidniari, of Arkansas, to date from September 28, 1861.
A 11. Gladden, of Louiciana, to date from September $0, 1861.
John I. AlcCoTin, of Tennessee, to date from October 12, 1861.

474

JOlrRNAI; OF THE

[Sov 22,1861.

Richard B. Garnett, of firginia, to date from Koveniber 14, 18GI.

William Mahone, of Virginia, to date from Xovember 16, 1861.
I,. OR. Branch, of North Carolina, to date from November 16, 1861.

On motion of Mr. Sparrow,

The same were referred to the Committee on Military Affairs.
The Chair tilso laid before Coqqress a communication froin the President, nominating, f o r the advice and consent of Congress,
Jutlati 1. Benjamin, of the State of Louisiana, to be Secretary o f War; aiid
Thomas J h g g , of North Carolina, to be Attorney-General.

On motion of Mr. Memminpx,

Congress ad\ ised and consented t o the nominations.
Congress then resumed legislative session.

OP1m SESSION.

Congress met pursuant to adjournment, and was o p ~ n c dwith pr~j7cr

by the Rev. Dr. Hoge.
The following rnenibcr\ appeared and answered to their 1 1 ; ~ 1 n ( ~ ~ ,
respectively, viz:

From the &?ate qfFLORIDA

--- - --~

- - - - - .- - - - - - - - - ..- - .-

GEOHGIA
LOUISIANA

Jackson Morton.
A. 11. Stephens.

C. M. Conrad.

__.__.._._.___________^____

NOIWII CAROLINA
_ - _
__
. -_
- ..--- -- VIRGINIA.- - ..-

. ..

W. N.11. Smith.

- - - - - - - - - - .- - - .- - eJ. MT. Brocltenbrough.

..

Congrcss then resolvc4 itself into secret session.

SECRET SESSION.

Congress being i n secrct srssion7

The Chair presented a commurricittion from the Secretftry of Congress relative to sale of furniture; which mas read and referred to
the Committee on Accounts.

lKO\ISIONtlL

NOT.23, 1SGl.l

CONGKESS.

415

Nr. C n n p offcrcd

ol:ition instructing the Coinmi ttee on the ,Judiciary to inquire

cspeclil~ricyof authorizing t h e officer in coiiirnaiid of a company to draw the pay due a deceased soldier of such company;
Ivliich I! :I\ r d anti agreed to.
Xr. Kvt!ncr, from the Committee on Financc, to mliom was referred
:u rciolution aritlioi.izing tlic Secretary of the rrcasnry to transfer w r i:iin funds, rq30rtrd tlic wine I ~ t c k with
,
the reconmendatioii that i t
ie resolution
low., to wit:

en
Y g i ~ ) cl, r e d a third time. and passcd, as fol-

IiciolutloI1 aiitliuiiAiiig t r a i i 5 f u of I ~ i i i d zto foreign parts

I,That the Secretary of ti]: Ticawry be authorized to transfer and place

t, i.1 the hxndi of any foreign Itaiikcr, SLI( 11 :iiiiount of money, not exceediiiliionq

of dollar., as the public ruigencirs niay require, ant1 that he be

d l o niakc tlic. tian,cfer by reiiiittance oi bilk or shipment of produce, as he

m t y tlcrin iiioct adrantageou..

M r . Vc:i:J)ie rnioved h a t 11 i i ~ i Congress

i
d o itdjoiirri it :djourii to
iiicct again on &Ionday ricxt, wf; 1%in. ; which was agrwd to.
Xr. I3ococli offered 1lie following resolntioii; which 7: :I* m i d and
ngrccd to, to it:
bc, xii(l I i c i.i Iiciebr, xnrliori/cd
12ecolc c tl. That tilc Secretary ot
c . \ c c ~ i t i r e of VirgiiJi<k a i i t l t i i c otli
(oiitcder:u y i(i l i a ~ r
1L ( ~ ~ ~ I l ~
~tatelllent
il(~te 0
filv\ ol l ~ i il k ~ u i r t i i i ( ~ n\It ,it11 :L 1
and a r i i i i fuiiii~h(vlb y wcli htattls f o r scivire 111 tlic prrseiit wai.

the
the

Jir. 3Wg:Ln prescntcd

A bill to o i p i i z e the bcrritory o f Arizona, and t o c r h e i h e o f h e
of surwyor-gcner:il tlicreiii ;
which WLS r ~ w first
l
a i d sccoiid time5 :wd referred t o Comniittce on
Territorici.
Also, the cwdcntials of the i)ele~atc-clcct from Arizona; whicli
were rcfenwl t o smile coiiiniittecx, without being rend.
On niotion of Xr. 13urry,
Congrwr thcii adjoumcd until 12 111. Monday.

OLKN SESSIOV.

Congress met pursuant to rdjonrntneiit, iiiid wab opened with prayer

by the Rev. Dr. IIogc.
Congress then resolvcd itsclf into secrct session.
sIECILF,T

SEssIoS.

Clongress bcing in secret session, thc following 1iienil)er5 appeared

:wtl :inswered to their nnnieb, respcctivcly :
E;~)972thp 8t&e of. .- ..- - - - - - - - - - . Hale.
h IAUAVA
....

X RKAKSAS .

----

_ _ .Johnson.

--

. _ _.
_
_
.

Thomason.

FLORIDA
-.- .-.

-.

- - . \li?rd.

GEORGIA. . . . . . . . . . . . .

Craw ford.
Rill.

LOUISIANA

Yerkinu.

MISSISSIPPI. . . . . . . . . . . . . .

Campbell.

NOETHCAROIJXA...

SOUTRCAROLINA.. _ _ _ _

Bhet t.
Milos.
Bop.

VIRGINIA. . . . . . . . . . . . . . . .

Staples.
Walter Prcst on.

1EXNESSEE . . . . . . . . .

Gurrin.
Caruthcrs.

r,

Mr. Walker offered

A resolution instructing the Committee on Commerce to inquire

whether any legislation is necessary to prcrcnt thc s h i p c n t of produce to ports or places iu thc possession of the eneiny, :~ndth:it they
report by bill or otherwise;
which was Yead and ngrecd to.
Mr. Sniitli of Alabama introduced
A resolution iiistructing the (>ominitteeon Military Affairs to inqnirc
into tlic necessity of further legislation to wpl)rc\s intcinperancc i ti t l i v
Arilip ;
which was read and a grwd to.
Mr. Kenneu iutroduced
A hill to amend an act for the scqiicstmtion 01 thv estates of alicn
enemies, etc. ;
which was rcad first and second tinics and rcfcrred to tht? Committee
on the Judiciary.
Mr. Davis presented the aieniorinl of ccrtaiii citizens of Korth Carolina; which was referred to the Committee on the ,I udiciarp, witlhout
being road.
Mr.Tenable offered
A rcsolutioti instrwtirig thc Commi ttce on Ein2tnce so to amciid the
act, providing for dircct tnsation :ih to cxempt iiioriiecl capital from :I
d i I W t tax ;
which W:LY rc:td anti :~greeclto.
Mr. Bhctt offered
A resolution instructing the Military Committee to inquire :ind
report to Cloiqyc~suudeu what Inw tlic z~ppointn~tnt
of ni:ijou-~!:cnri.:ilh
is i n d e in tho Confcdcrntc? scrvicr;
which was u ( ~ f~i r di d agrccd to.
Mr. Tlioinns prcsentcd joint resolution of the Icgis1atm.e of h:iritmee re1:itivc ti) tlic cuportation of sugar, rice, cotton, ctc. to tliat
part of Kontuvky 11wv ocoupicd b y Confcderato troops; which M ah
I W ~and idkrrcd to tlic Coiiunitttae oli Coiiriuercc.
Mu. Hoiise prescrrttcl a memorial of certain citizens of Kashvillc,
Icnn. ; which w s rcierred t o the Comn-ritteeoil the Judiciary, without
being rc:td.
~

r ,

so\. 26, l b h t ]

movlsIoxI1r,

CONGRRSS.

477

Nr. H e i n ~ h i l introditced
l
A resolution inqtrrxcting the Couiniittcc on the llilitary t o irtquirc
into the cxpedjmcy o i completing a railroad bctweell Urnshear, in
Louisiana, and Orange, in Texas;
which n as 1.ead and a p e c d to.
Also, a bill supplementary to an act to authorize the issue of Treas: which was read tirst mid srcond times and referred to Cominittee on Fin,,.>rice.
A h . Seddon introduc.cd
A resolution instructing the Coninlittee on Military Affairs to
inquire into the cxpcdicncy of urging upon tltc people and providing
for the destruction of cotton, tobaceo, and naval stores upon the
approach of the encmy;
which T T " ~ reid a d tlpccd to.
Nr. Spzrrow introcluccd
12 resolution referring to thc Co~nmittccon Military Affairs so
niuch of the President's nicbsxgc ns relates to the cornpletion of a railroad front Danville, Vft.,to Greensborough, N. C.;
which was read and trgrcwd to.
Mr. Staples introduced
A resolution instructing lfilitary Coiiiniittcc to inquire into the
of i*:tiingthe pay of prinLes i n thc Army:
-eat1 1111<1:tgrecd to.
8 1 1 motion of SIr. I I ~ m ~ ~ l i i l l ,
Congress :id joiurnrd until 12 111. to-morrow.

Congrc+ iiiet pursuant to :djournment, ;uid then resolved itself into

SCcrCt YeSSi(J:l.
SECRET SESSIOP;.

M r . Smith of Alabama offered

A resolution initriicting the Coiiiiiiittec on Military Affairs to
report ii hill or IJillh lor the pa) rrierit of such bonn? for the establishriiciit of iiianufactoriw of m;i11 arm?, of saltpeter, of sulphur, and of
gunpowder a> will insure the speedy de\-clopinent of the resources of
the Confederacy in thebe swcral r e I p c t s .
Mu.Aver? inovtd to aineiid 1)y inserting after the word\ " instructed
to"r 7 the word3 b.iiquire into tlic espcdicncy of mid."
I he :mcnclnicnt was agreed to; and the qucztion recurring iipoii
o tlic rt1,oliition as amciidcd, the same wa's a p e d to.
gc was rcceivccl from t h o President, hy the hands of his
I 'riviite Sccrctnr-, Mr. .Josselyn, informing Congress that the President lias this day approved and signed
A rcsolntion authorizing the trarisfcr of funds to foreign parts.
from the Conmiittee 011 Engro*wiriit, reported RS cor-

A resolution anthorizing the tr;tnsfer of fund:, to foreign parts.

478

JOURNAL OF THE

[NOV. 26,

1\61.

Mr. Smith of Alabama offered the following resolution; which was

read and agreed to, to wit:
Resolved, That the President he requested to cornmiinirate to Coilgrrss the reports
of all battles not heretofore commnnicated to Congress or published i n full to the
country.

message was received front the President, by the hands of his

ate Secretary, Mr. Josselyn.
Mr. Johnson of Arkansas moved to suspend the d l of the States
in order that Congress might resolve itself into executive
the purpose of considcring the message of the President
panying documents.
The motion was agreed to, and Congress rcsolrcd itself into cxcciitive session; #and haring spent some time therein, agniri resol.i.ed itself
into legislative session.
Mr. Ward introduced
resolution instructing the Cominittec on N i l i b ~ yLiffairs to
inquire into the expediency of constructing :I military rotid connecting
the Savannah and Gulf Railroad of Georgia with the lensaeolst and
Georgia Railroad in Florida;
which was read and agreed to.
Mr. Brooke offered the following resolution:
Resolved, That a committee, to consist of one from each State
sider and report on t h e expediency and lrarticability of the
advances in Treasury notes or Confederate boiicly on cotton, to1
we, subscribect or hereafter to he subscribed, untler the pro
hPap
, eighteen huntlrecl arid sixty-onc, and August nine
dred and sixty-one, with leave to report by bill or otherwise.

Mr. I-ieniphill moved to amend the ,wine by striking out thc M or&
one from each State and inserting in lieu thereof the words t h e
Comiirittee on Fin:ince.
The arriendrnent was not agreed to.
Mr. Hill moved to lay the whole subject on the table, arid cixllcd the
question; which was seconded, and Mu. Sparrow. atJ tlic instance of
the State of Louisiana, dcniandcd thnt the yeas and nays of the whole
body he recorded; which arc as follows, to wit:
A1ab:ma-Y m: Messrs. TYalltcr, Smith, Curry, Chilton, Ilalc,
Mclhe, and .Jones.
Arluwxm---Nay: Messrs. Johnson arid Thomason.
Florida -N:iy: Neasrs. Morton, Ward, and Owens.
Georgia--Y earn:Messrs. 1\oorn1~, Foreman, Crawford, IXiIl, and
Kenan. Nay: Messrs. Wright, T. It. 12. Cobb, and Stephens.
Louisiana-Yea: MY. 1.enncr. Nay: Mcssrs. Perkins, Conrad, and
Sprrow.
Mississip i--T C R : A h . I3arry. N t ~ :y Illessrs. Harris, 13rooke, EIarrison, and &inipirei~
North (:arolin:~--Yca: Mcssrs. Dnvis, R ~ c r y ,S~nith,McDowcll,
Craige, arid h v i d h o n . Nay: Messrs. Vermble and Morehead.
South Carolina- Yea: Itlcssrs. Iitiett, Miles, and Boycc.
Tennessee-Y e:t: Messrs. Caruthers, De Witt, and Thomas. Kay:
Messrs. A tkins, Clurrin, Jones, and IIousc.
Texas-Yea: MY. Hwnphill.
. Virginia -Yea: Mes
illiarii 13. Preston, Macfarland, 12ussel1,
and Johnston. Nay:
. Scddon, Tyler, ftives, and TValtpr
Preutan,

iio\. 20 1561 ]

IEOTTISIORAL CONQRESS.

479

The following States voted in the affirmative, Tiz:

i2hbanla, Gcorgia, North Carolina, Soullr CtLrolina, and Texas, 5.
Those in the negative are,
Arltausas, Florida, Louisiana, Mississippi, and Tennessee, 5.
The State o f Virwinia being divided.
So t h c motion di8 not prevail.
MI.. Hroolie nioved Llittt Congress do now adjourn.
Thc iiiotion was not agreed to.
Mr. Johnson of Arkansas called the qucstion, which mas upon
ibgreeing t o the original resolution; and the call being seconded, Mr.
roomhs, at the instancc of the State of Geor la, doinnnded th a t t h e
veas and nays of thc whole body be rccordacf; which arc as follows,
i-o wit:
Alabaiiin --Say: Mcssrs. Walker, Smith, Curry, Chilton, Hale,
McRae, and Jones.
Arkanssks-Yea: Messrs. Johnson and Thomason.
Florida-Yea: Messrs. Morton, Ward, and Owens.
Georgia-Yea: Messrs. \Vright, 1. It. K. Cobh. and Stephens.
Nay: Messrs. Tooinhs, Fowman, Crawford, Hill, and Kcnau.
Louisiana-Yea: Messrs. Perkins, Conrad, anct Sparrow. Nay:
Mr. Kenner.
Mcssi*~.Hami\, Ih*ooke, Harrison. and CnmpMississippi-Yea:
bcll. xay: Mr. I+a1*rg.
K orth C:1roli 11:1 --Yea : I f s. Vcnable and Morchcad. Kay:
Me5srs. Davis, Arcry, Smith
Don-ell, Crnigc, and h v i d s o n .
South Carolina, - S ~ L e-bm. Rlictt, Miles, and I~OJCC.
r 7
Lenncssce--Yen: J1
Iloiibe, Jones, and Currin. S a y : Alessrs.
Tliomas, Chruthcr,s, Atkins, :~ndDe Witt.
rIexas-Nay-:
1
Mr. Hemphill.
Virginia -1 ea: Messrs. Seddon, Tyler, and Itivcs. Nay: Mcssrs.
Russell, Johnston, and Wa1tt.r Pre5ton.
Thc follon-ing States voted in the a6rmativc, viz:
Arkansas, Florida, Louisiana, and Mississippi.
Thohe in the negative are,
Alabama, Georgia, North Carolina, South Carolina, Tennessee, and
Texas.
The State of Virginia being dirided.
So the resolution J T R not
~
agreed to.
Mr. Harris moved to reconsider the vote upon agrceing to the
original resolution offered by Jlr. Brooke, and Mr. Sparrow called
the question.
he call for the question,
on mot,ion of Mr. Conrad,
Adjourned until 1 2 m. tomorrow.
EXECUTIVE: SESSlOK.

Congresq being in esccntiw session,

The following message froin the President, together with the accoinpanying documents, was read, viz:
TOt h e Conpess of the (ioqfeeclcroie States:
I transmit to you for yonr consideration and action two acts passed by the general
assembly of ;\Zirgotiri o n the 31st of last October, the one entitled An act declaring
the political ties heretofore existing between the State of Missouri and the United

480

JOURNAL OF THE

ilh, l b n l

Sbtcs of Alnerica dissolved; the other entitled An act ratifying the Constituti~jn
of the Provision:il (;overnnient of t h e Confederate states of , h c m ~
a
Together with this I send a letter from Governor C. F. Jaclrsorl, of 3!Iissouri,
addressed to myself and dated November 6 [51, 1861.
An act of the Contederate C o n p s s , approved Augll5t 20, 1861, in reference to
Miwouri, provided that R lien the Constitution for t h e Pro\ iaional Go\ crninent of
the Confederate States shall be adopted and ratifid by the properly and legdI\
constituted anthorities CJf said State, and the governor of s a d sitate sh:rll transinit 6)
the President of the Confederate Stntec an antlientic copy of the pioceetiiiigs touching
said adoption 2nd ratification hy said state of said IrOViPional Con~titUti~ii,
upoil
tlle receipt thereof, the President, by proclamation, shall announce t h e fac,t It \\ab
also declared by this act, that upon a proclamation thnq made the xtlnii
said State into this Confyqeracy should be complete 01ithout any further
on the part of Congress.
1 am thus empox ere(l to judge as to the authorities in the3 Stale of J k o m i TI liic~h
are properly and legally constituted to adopt and ratify t h e Con%titntion for the
Provisional (;overnment of the Confederate State?. 1 ail1 d.0 ai~tliari~etl,
TI ithout
further consultation with Congreqe, to proclaim the admission ot the State Ilad
the c s e been thus presented to iiie cluiing the rec(PS Of (OllgrFS I should havc
deemecl it my duty to ~ s s u ethe proclamation under this poer, Ixit as these acts
are transniitted during the hebsioii ol Congress J tee1 ~t t o bc d l i C to >OU,in a matter
of so much iiiiportance as the adinission of a new btatc i n t o the Confederacy, to lay
before you the acts to JThich I have referred, that qou ilia>take wch action upon
them a in your judgment may be necessary and proper.
I also submit to you lor coiisideratiori and action in relation thereto, R copy of a
convention bFtn eeii the Confederate States and the State of 3liscour1, v h ~ c 1%
h as
concluded and *igned by the coinrnissioiiers of both parties at the clty of liicli~nond,
on the 31st day of October, 1861.
JEPFEItSOS JIAVIb.
RICIIMOND,
VA., A r o v d ) e r 25, 1861.

CAWILLE,BARRY
Cor;sw, Xo.,

A-ofienzber 5,1861.
His Excellency JEFFERSOX D.\TIS,
PrwitlPizt Conftdcrate , W e s o j Anzericn.
Sia: I have the honor and tlie pleasure o t transmitting herev.ith An act dcclaring the political ties heretofore existing heta ern the State o! Jliszouri ant1 the
Vnitccl Statcs of Arncrica dissolved; also .In a( t ratiiying the Con~titutioiiof the
ProvLional GOTerurnent of the Confederate States of America
These two a r t y ncre pasbet1 nith almost pcrfcvt unainn~ltyby tlic general asernbly, aud approved by nic on tlie 3d instant, and are believed to IF all that IS nec~sBary on the part of the State to secuie lier adinishion into t h e Coiifctltrate Statcs of
4mericn as a member of that Go\-eininent. If, in the opiiiion of the Confederate
Government, anything further is required 011 tlr 1x11 t 01 Mibmii i to complete and
perfect hcr admission, it will be Peen by referen to t h c w o r l d section oi tlie act
ratifying the Constitution of the Pioiisional Go ininriit tliat the execnti\e of the
ed and autliorizcd to pertorni a l l other art\ \c hirh may hereafter
ire the admission of the State.
general asseinbly deenied I t at
admission of the State, hut in the ahundniice of their
safest to piovide agaiir~tany and all contii
Y t h a t mimht arise.
By s o i i i ~~l
the n x i n l x v it W ~ Athought the Confetierat
rniiieiit iizght require the act to
he ratiiicd b y a vote of thc people before t h
sion of tho Statt,, and hence the
clause W E insmtcvl, clothing iiic with pow.rr
e i t d o n c in that t,\ent.
On ttik p i n t it iz propvr that I shonld state that the act \\oultl at once liiyc I w i i
siihniittt.tl to a vote of the people bnt f(>rthe leafon that the Stt+tc i a no\\ i i ~ \ m t t t l
1)y the Federal arniv to such an extent ns to preclude the posslblllty of h o l t b g an
election at the preseilt tiine. That t h e people n o n l d ratify the act, if permitted,
admits ot no doubt. I a i n sure that inore than four-fifths oE tlie people desire an
immediate :tiid unconditional cXonncction 11 ith the Souther11 C;o\ ernmetit, a d 1
pray how s m i it m:ry bc c*onsoninmtet~.
A s ROO^^ as thi8 IIWJ be dotw, 1 Oesirc that the BLisqouri force3
a t the carlitkt practirabke ~ n o n ~ e W
n tI ~ I ~tile
Y
era1 aiwiiltcd at once to coiunraiid a11t h r for
Who the t11dl1 dial1 be iS of no Conwr~iienceto lilt I have frill confidencsfbin p l r
good jl1(klilent, arid doubt not yon n i l 1 giFe uc: tile best liyan 4011 can. (;elicraj
Bra@ would be very acceptable, but we w i l l aii be batisfietl TI itkl anyone you may

SOY.
26, 1861.1

PROVISION A I , CONGRESS.

481

select. You know, bett,er than me, that ail nriny to be successful CRII have but oiie
head, and that should be a good (me. I t may possibly be known to you that 11eretofore there has not been that degree of hariiiony ancl concert of action between
Generals Price and XcCnlloch that should exist betweell oficers laboring in a common cause. Mhile this has been the case Iiitherto, to some extent, I am rejoiced
n o \ r t o he able to say t,liat a restoration of the inort arnicdde relations hau been
effected, and that they and thcir armies are iiox cooperating together in the most
liarinonions inaiiiier, and I trust it will not be, many days before they will be able
to rout Fremoiit from this part of AIissonri. Their joint force I can not give with
cractness, but it is soniewhcre bctwcwi 20,000 aiid 25,000-quite sufficient to meet
airy force F r h o n t can bring against them.
As soon as I can with proprietyabsent myself from the army, I shall endeavor to
go to Richmond, wliere I can more fredy conirriunicate with you in reference to the
organization of the issouri forces and tlrc future operations of the army in the
State. For further
rtirnlars in relation to the nioveiiierits of the army here, its
general condition, artiis, etc:., etc., etc., I refer yon to Captain ItJperson, the bearer
of this letter. He is a reliable gentleillail arid a good officer.
I have the lionor to remain, very reepect,fully, your obedient servant,
C. F. JACKSON.
A n act declaring the political tien kcretofore existing betwecii tho State ol Missouri and the United
States of America dissolved.

Whereas the Government of the United States, in the posscssion and under the
control of a sectional party, has
atecl tlie compact originally made
lietween said Governnic~ntaiicl the
uri, h v in\wling n.ith hostile armies
t,he soil of t,lic Sta.te, attac-king anct
iers the niilitia while legally a s e m bled under tlie State laws, iorc:il
ttie State capitol, and attempting
tlirongh the instrn~ncntalityof d o i n r h c traitors to usiirl) t,he State government,
scixiug and tlestroying ~ ) r i w t eproperty, aiid iiinrtlering with fientlisti nialigriity
peaceable citizens, men, wonien, a t i d children, together with other acts of atrocit,y,
intlicat,ing a deep-settlecl hostility toward the people of Missouri and their institutions; and
\%ereas the present Adniinistration of the (ioverinnent of the United States has
utterly ignored the Constitution, subverted the Government as constructed and
intended b y its makers, and established a despotic and arbitrary power instead
thereof: Kow, therefore,
B e i t enacted b y tlrp gcnerctl assembly of the Htrte of Xissouri, That all political ties of
erery character now existing between the Governriient of the Inited States of Ainerica and t h e people and government of the State of Missouri are hereby dissolved,
arid t h e State of Missouri, resniiiing the sovereignty granted bv compact to the said
United States upon the adiiii~sioiiof said State into the Fediral Union, does again
take its place as a h e a r i d irtdeperident. republic amongst the nations of the earth.
This act to take effect and be ill force from ant1 after its passage.
Approved, October 31, 18G1.
I hereby certify the abore and foregoing to bc a full, true, and perfect copy of the
original roll. In tcstiiriouy whereof 1 have liereto set m y hand and the great seal of
the State of Missouri, this 2tl day of Sorember, 1831.
B. F. RIASSEY, Xecwlary of Stute.
[SEAL.]
An act ratifying the Constitution o i thc Provisional Golcrrimcnt of the Confederate Stntesoi America.

Whereas the Congress of the Coniederate States of America have, by an act entitled
An act to aid ttie State of Nissoriri in rei)elliiig invasion by the United States, aiid
to authorize the adniisyion of said State as a member of the Confederate States of
America, and for other piirposes, enacted that the S h t e of Missouri shall he
:Idiiiittecl a member of t h e Confederate States of America, upon an equal footing with
the other States, under t,he Constitution for the Provisional Government of the sanie,
upon condition that t h e said Constitiition for the Provisional Government of the
Confederat,e States shall be adopt,ed and ratified by the properly and legally constituted authorities of said State: Eow, therefore,
Missouri, as follow:
Nissouri, for and in behalf of the
of an act of tlle Collgrees of the
prc~aniblct o tlris act, tlit: State of
tntion for the lroviaional (ioverni n h of raid Clorifederacyupon an
equal footing with the other States under said ~o1it;titlltioll.
C J-T-01.

1-0.k-31

482

JOURNAL OF THE

SEC.2. His Excellency C. F. Jackson, governor of this State, is heroh\ directed

and authorked to transmit to the President of said Confederate State&df America
a n authentic copy of this act in pursuance of section t\\ o of the act of Paid Congress
above referred to, and to perform all other acts \+hich ]nay hereafter become necessary to secure the admission of t h e State of Missouri as a member of the said
Confederacy.
This a c t shall bc in force from and after its p a s ~ s e .
Approved, October 31, 1861.
I hereby certify t h e above and foregoing to he a full, true. and perfect copy of thtl
original roll. I n testimony whereof I have hereto set iny hand and the great seal of
the State of Missouri, this 2d dzy of November, 1861.
B F MASSEY, Secwtary of Stnte.
[SEAL.]
Convention between the Contedoratc States of America and thP Stntc of 1\1i?~oiiri

Whereas it is the common desire of t h e Confederate States of America and the

State of Missouri that Paid State should beconie a nieniber of the Confederacy; and
Whereas the accoiiiplishnie~~t
of their purpose 1s now prevented b y an armed invasion of the territory oi said State by the United States; and
Whereas the interests of both demand that they should make common cause in the
war waged by the United States against t h e liherties of both;
Now, thereiore, for these inoct desirable object<, the President of the Confederate
States of America has conferred full powers on R. 31. T. Hunter, their Secretary of
State, and theexecutive power of the State of Missouri o n Edward Carrington Cabell
and Thomas L. Snead, who, after having exchanged their said full powers i n dne and
proper form, have agreed to the following articles:
ARTICLE I.

The State of Missouri shall be admitted into said Confederacy on an equal footing
with the other States composing the sanie, on the fulfillment of the conditions set
forth i n t h e second section of thc act of the Congress of the Confederate States,
entitled An act to aid the State of llissouri in repelling invasion by t h e [Jnited
States, and to authorize the admission of said State as a member of the Confederate
States of America, and for other purposes, approved August 20, 1861.
ARTICLE 11.

TJntil said Rtate of Missouri shall become a member of said Confederacy, t h e whole
military force, inaterial of war, and military operations, offensive and defensive, of
said Statr shall be under the chief control aiid direction of the President of t h e Confederate States, npon the pame hasis, principles, and footing as if mid State were
now and during the interval a nirmber of said Confederacy, t h e mid force, together
with that of the Confederate States, to be employed for their common defense.
ARTICLE 111.

Thc Stale of Missoiiri will, whenever she becomes a member of Faid Confederacy,
turn over to said Chnfederate States all the public property, naval ptores, and munition# of cvxr of whwh she may then b e in possepsion, acquired from the TJnited
States (eswpting the public lands), on the same terms and in t h e same manner as the
other States of saitl Confederacy hare done in like cases.
AIRTICLE IV.

All cxponrlitmes foi the prosrcution of the existing n ar, incurred b v t h e Statc of
Missonri, front and after the date of the signing of thin convention, shall he met and
provided for by the Confederate States.
ARTICLE V.

The alliance hereby made between the said Confederate States and t h e State of
Missouri shall be offensive and defensive, and shall be and remain in force during
the continuance of the existing war with the IJnited Staten, or until suspended b y
the actmisPion of said State into the Confederacy, and shall take effect from the date
thereof, according to the provisions of the third section of the aforesaid act, approved
August 20, 1861.

111 faith \I hereof we, t l i coinii~issioirers

~
of tlie Confederate States of dnierira and of
the Gtatr ol Nlssuuii, ha\ c 6ipned and sealed thcse presentb.
Dolie in duplicatc, at the city of Richmond, on tlie Xst day of October, in the
year of our Lord 1861.
I<. 11.T.IIUKTRR.
[SEAL.]
E. c. CABELL.
[SEAL.]
TII031AS L. SXEAD. [SEAL. J

X r . ,Johnson of .irkansas offered

A resolution to ratify the agreement 2nd convention entered into

between the State of Missouri and lh(1 (onPederiLtc States of America;
which was taken up.
A n d on thc, question of agreeing to thc smie.
Mr. Kennor, a t the iiistxncc of thc State of Arkansas, clenianded

that the yetis and nays of the entire Congress be recorded thereon.
The demaud was sustained.
Aiitl thc yeas and nays are rccorded as follows, viz:
Yeas.. - - - - - _ _ - - - - ..._
.- - . 58
It was decided in the affirmative, Nays
_.___
_
._
__
_
__
__
_
0_ _ _
Alatmlna--Messrs. Qalker, Smith, Curry, Chilton, Hale, McRae,
Shorter, Davis, and Jones.
Arkansas-Jlcssrs. ,Johnson, Knst, Thomason, Garland, and Wntkins.
Florida --&lessrs. Morton, TT>trd.:~ndOwens.
Gcorgiw 31essrq. Toombs. Cohh, Foreman, Nisbct, Crnwford, Iiill,
T. 13. B. Cob)), Wright, Iienxn, and Stephens.
Louisiana-Mcssrb. Icrkins, I>(.Clouet, Conrad, Kenner, Sparrow,
and AiIarshall.
~fissi.;sippi-ll.icssrs. Brooke. l%wry, JIarrison, :ind Campbell.
North Ciirolina--NoIcssrh. Ilaris, Awry. Smith, McDowell, Venable,
Morcheacl, lht\idson, and Craige.
South Carolina-llleswfi. Rhett, Miles, and Boycc.
Tennessce-Alcssrs. Thoaias, House, Jones, Cariithers, Cnrrin,
Atkins, and De Witt.
Texas-Nr. Hernphill.
Virginia-Slessrb. Seddon, Walter Preston, Huntrr, Tyler, Macfarland, Pryor. Rives. Russell. Johnston, Staples, :iiid Villiani U . Yrerton.
The vote thereon being unanimous, the sanic TVXS agreed to.
On iiiotion of Mr. Sparrow, the injunction of secrecy was reiiiovcd
from the vote on the resolution and from thc resolution itself.
On motion of M r . ?Johnson, t h e nic ge of the Ircsident, together
with the accompanying documents, were referred to the Committee on
the ,Jurliciarj-.
Congrcss then rcsunied 1cgislati.i

-.I

OIXK sES\Toh-.

Congress met pursuant to ad,journnient, and wxs opened with prayer

by t h e Rev. Dr. Hoge.
Mr. Brockenbrough announced the presence of Mr. A. It. Roteler,
a Delegate-elect from the State of Virginia, who came forward, presented his credentials, and ~ v n sduly qualified.
Congress then resolved itself into secret session.

484

JOURNAL OF THE

[XOV.

27, 1861.

SECRET SESSION.

Congress being in secret session, resumed the consideration of the

unfinished business of yesterday, which was the consideration of the
motion of Mr. Harris to reconsider the vote by which the resolution
off'eredby Bfr. Brooke was rejected.
Mr. Sparrow, a t tho instance of the State of Louisiana, demanded
that the yeas and nays of the whole hocly be recorded thereon; which
are as follows, t o wiit:
Alabama-Na~~: Messrs. Walker, Smith, Curry, Chilton, Hale,
McRae, and Jo&.
Arkansas Yea: Messrs. ,Johnson, Thomason, and Watlcins.
Florida-Yea: Messrs. Morton, Ward, and Owens.
Georgia-Yea: Messrs. Wrightand Stephens. Kay: Mcssrs. Toombs,
Foreman, Crawford, Hill, T. It. B. Cobb, and Kenan.
L0uisiana-Y ea: Messrs. Perkins, Conrad, and Sparrow. Kay : Mr.
Kenner.
Mississippi-Yea: Rllessrs. Harris, Brooke. Harrison, and Campbell.
Nay: Mr. Barry.
North Carolina-Y ea: MY.Venable. Nay : Messrs. Davis, Avory,
Smith, McDowell, Morehead, Craige, and Davidson.
South Carolina-Nay : Messrs. Rhett, Jfiles, and Boycc.
Tennessee-Yea: Mcssrs. Cnrrin, Jones, and House. Nay: Messrs.
Atliins, Carnthers, De Witt, and Thomas.
Texas-Nay : Mr. Hcmphill.
Virginia-Yea: Messrs. Tylor, Macferland. Rii-es, Drockcnbrough,
and Russell. Nay: &I( rs. Pryor, Staples, and Walter Preston.
Tho following States tcd in the affirrnative:
Arkansas, Florida, Lonisiar:a, Mississippi, and Virginia.
Those voting i n the negative :we,
Alabama, Georgia, North C':wolin:L, South Carolina, Tennessec, and
Texas.
So the motion t o reeonsidcr did not prevail.
Mr. Halo, froin the Committee on the Judiciary, to whom \vats
referred the mossage o f the l'i*rsident and the accompanying documents relative to the :tdinission of Missouri, reported and recommended
the passage of
h bill to admit thc State of 3fissouri into the Confederacy, as a meinbor of the Confederatc Sbtcs of Anierica;
~ v h i d was
i road first and second times, engrossed, road a third timc.
The questioii hcing upon t h e passage of the bill, Mr. Johnson, at
tho ins;t:tnt.c ol' the State of ilrkansas, demanded that the yeas and
nays of tho whole body I x rccordcd thereon; which are as follow+ to
wit:
Alabama-Yea: Messrh. WdBer, Cur'ry, Chiltoii, Hale, MoBac, :ind
Jones.
Arlransns-Yea: Mcssrs. .Johnson, Thomason, and Watkins.
Florida-Yea: illessrs. Morton, TVad, :tnd Owcns.
Georgia-Yea: RiIcssrb. Toornh, ChwSord, Hill, 'CVright, T. 11. LC.
Cohb, lConxti, and Stephens. icT:~y: iMr. Foremm.
Louisiana - Yea :
rs. Perkins, Conrad, Kenntlr, and Sparrow.
srs. Harris, Brooke, Barry, Harrison, :~ntl

485

PROVISIONAL CONG RESG.

Nor. 5 ,1861.1

S o r t h Caidina--Yca: Mcssrh. Davis, Arery. Smith, Mellowell,

Vrnnble, Morehead, ( h i g c , aiicl Ihviclson.
South Carolinzi- Yea: filessrs. Xemminger, Miles, and Boyce.
Tennessee -Yea: Messrs. htkins, Caruthcri, Currin, D e Witt,
House, Jones, and Thornas.
Texas-Yea: 31r. Hemphill.
Vivginia-Yea: Meshrs. Seddoii, Hunter, Tyler, Mncfarland, Pryor,
Ihcoc~k,Rives, 13rockcnbrougli, Kuisell. Staples, and n'alter Preston.
All the State3 Toting, in t h o aflirmatire. so the bill was passed.
c was received fro111 the President, hy the hands of his
'retary, Mr. JosielJ-n.
Jf r. Xeinmingev moved to a m e n d the preamble of the hill; which
i b a s follows, to n-it:
T h e general assemhly of the State of Missouri, for and on behalf of the people
tlicrcof, havin<rpawxi an act di-ol\ ing all political connection between the Governiiiwit of the ?nited Statec: of Anierica and tlie people and governnient of the State
01 Jlissouri, ant1 another act adopting and ratitying the Constitution for the Provisional (k~vcrniiiciitot the Confrtlerate States oi America, antl accepting the provisions
oi t h e act of Congress of the Con
3Iiewuri in repelling invapion b v
of said State as a iiieiiibcr of t h
poscs," approled on the tneirtie

By p r ( ~ ( " h gthe

5a111c

eac I t li the \\ill ( I f t l l

l i p ( ticin o f that State with t h e
\\

h?I

with tiic following words. t o

it:

ooplr ot thc. State of

iited State.; antl i ~ h r

111..Hill niov-cd to aiiiend tile aniendnieiit 1)y adding at tlic end of

thc prtvimblc the following \i-ord+, to wit:
e- lia\ irig satiiiactoiy e\ideiwe th'it the action of the general assemwill of tlie people of said State, antl who -are p r ( ~ ~ e n t efroiii
d
any
11 of w t h \\ill ))v an arineti iina.~on of the State.

,111..Johnson of ,hkansaz called the question, which was upon agreeing t o the airicnctnient ofierecl hy 3lr. Sfenimingcr; and the call being
seconded, the votc 11RS taken, and the :itl1eiid1l1er1tw a s not agreed to.
1h e question then heing upon :igreeing to the t n
by Mr. IIill. thc vote. was t:tlien, and the :~nic~ndntciit
The yuestion LLeii recurring upon agreeiiig to
amended, JIr. \T'alkcr. :It tlic iiihtance of the State of rlliil)anlit, deminded that the J-P and iiay of the whole hody he revordcd thereon;
which arc\ as follon
A 1a1m;ia --Tea. :
'alker. IT&.
and JIcKac. Say: Messrs.
Curry, C'hilton, arid .Joiics.
Arl<>~li\i~i-Y~:~:
Xessrs. ,Johnson, Thoniithon, and T\7ntkins.
Fiorid:i-Yea:
Me+r+. Xorton, TVwd, arid O w n s .
(;eorgix-Y'ca:
JIes5rs. Toornhi, Foreiiiiin, Xibbet- Hill. T. 1%.1Z.
Col)b, Kenan, mid Stephens. Kay: A h . C r a ~ f o r c t .
1,ouisiaila-Ye:i: J l e w x Perkins, Conrxd, Kt.riner, and Sparrow.
il.lississippi--l'ea: 3
, Harri- nnd Canip).'cll.
Ssly: Jlessrs.
Ihookc, 13arr?, and 11:
Korth C:irolill:l--Tpti: Jlr. DttviS. Say: Mcs+r+. Arery. AIcDowell, Vcnahlc, and 3lorehe:id.
south Carolina--Say : ;\I rs. Ithctt, Mculniiuycr. Mile\, a r ~ d130) ce.
r 3

486

JOURNAL OF THE

[h"OV.

27, 1861

Tonnessee-Yes: Messrs. Currin and H O U ~ CSay:

.
M ~ b \ r h ,\ticins,
.
Caruthers, De Witt, rJones, and Thomas.
Texas--Yea: Mr. Hcmphill.
Virginia--Y ea: Messrs. Tyler, Brockenbrough. and Eussell. Nay:
Messrs. Macfarland, Pryor, a n d Walter Yraston.
,Those States which voted in the affirmative are,
Arkansas, Florida, Georgia, Louisiana, and Texas.
Those in the negatire are,
Mississippi, North Carolina, South Carolina, and Tennessee.
The States of Alabaiiia and Virginia being divided.
So the preaniblc, as amcnded ~ n not
s agreed to.
,4 mesyagc pvab received fro111 the President. b j thc hands of his
Private Secretary, N r . ,Josselyn.
Mr. Hale, from the Coininittee on the Judiciary, to whom W R
referred a resolution of inquiry as to the expediency of allowing capb i n s of conipanies to dram the pay of deceased soldiers, reported
A bill for the relief of the heirs m d distrihutees of deceased soldiers;
which was read first and second times and placed on the Calendar.
The Chair presented a communication from the Sccrrtary of the
Navy, recommending the balance of the funds o n hand i n his Department under the appropriation act of May, 1861, be transferred f o r the
pay of officers on and off duty; which WRH read arid referred to the
Committee on Naval Affairs.
Also, a communication from the Doorkeeper of Congress relatin? to
rooms for committees; which was read and referred to the Committee
on Public Buildings.
Mr. Cnrry moved that the Chair appoint an :Ldditionnl membei- to
that coniniittce; which was agretd to.
MY. Boteler was announced hy the Chai:. a3 the iLppoititee in obedi
cncc to the motion.
The Chair presented a comniunication floni the President; which
was read, as follows:
RIciiuos1>,
, 3 7 & e d ~ ; r 27, 181.71.
TTz\.

Hon. HOWELL
Conn,
President of t h P Congress.
SIR: I have the honor to acknowledge the rereipt of the resolution requesting me
to coinniunicate to Congress the reports of all battles not heretofoie cornriiiiriicated
to Congress or pnblkhed in full to tlie country, and to reply that copies of all such
reports liaw been prcpared t o acconipany the report of the Pecretaiy of JYar, to
which it was supposted proper to append them as documents.
I hope very sooil to ho able to transmit the report of the Secretary of War with all
the documents which usually and properly attend it, thope specially called. for

included.

JEFFERSOK DAVIS.

Also, a communication from the President, transmitting to Congress

a roniriruiiicatiori from the Attorney-General, with the report of thc
Superintendent of Public Printing, containing estimates for approwhich w t r c read and referred to the Committee on Public
12. R. Coblo introduced
A resolution instructing tlie Committee on the Judiciary to inquire
into the espediency of anlending the sequestratioll act;
which was read and agreed to.
Also, a resolution instructing the Committee on Military Affairs to
inquire into thc expediency of the law authorizing a second junior

s o v 28 1Yb1 ]

PROVISIONAL CONCRESS.

487

IieutctiaiiL kind fifth serge:tlit t o inf:tutry co in p iics; which \vas read

arid agreed to.
Also, a resolution instrucking the (loniniittce on Military Affairs to
inquire into tlie expediency of so amending the lams as to allow paymerit for cavalry horses killed or lo5t by accident ill the service;
which w:tb read and agreed to.
Also, :t rcsolutiori instiwting the Committee on Military Aff'airx to
iriqiiirc into thc cspediency of :dIc)'Cving uoniniutation for rations not
tlr:~~vii
by cornpnies iipoii notice givcn to the Con~nii~snry
L)epArtriic,nt; which was r c d and ag-rctd to.
11 r. MeKae prcwtitcd :L iwmorial of cerixin citizen, of A1al)amn;
whic~h\VRS r e f c i v d t o the Coininittee 011 the ,I udiciary, without being
rcutl
Mr. Milcs pwsented a Iricmori:il of ccrtaiii citizen, of Charleston.
S.C. : rnhic.11 wa. referred to the Committce on Fiiiiiiice, without being
reiia.
MY.130~ce presented the petition of Edw. ?J. Arthur; which was
referred to the Committee on the ,Judiciary, without being read.
MY. Chilton introduced
h resolution instructing the Conirnittee on Military Afl'airs to inquire
into the practicability of pro1 iding a way for sick soldiers to obtain their
dizch:rrgea, imy, mid tmnsportation without thcir p e r w x J attendance;
w1iic.h was read nncl agreed to.
On inotioii of Nr. Khett,
Congress then adjourned iiiitil 12 o'clock to-morrow morning.

OPEN SESSIOS.

Congress met p ~ r s u t ~to

n tadjoui*iimcnt,:uid was opened with prayer
hy t h c Rev. Dr. I-Toge.
Corigresh thcii resolved itself into secret >c+sion.
SECRlCT SESSIOX.

Congress being in secret session,

hlessr\. Hunter, Seddon, and Bocock, by unanimous consent, mere
alloved t o record their Totes in the affirmative upon the passage of the
bill to admit Missouri as a State of tlie Confederate States of America.
A mcssagc wab reccivcd from thc President, by the hands of his
Pi*ivateSecrctaiy, Mi-. J o w d j n .
Mr. McRne, from thc Committee on Thgromnent, reported as correctly eiigrossecl and enrolled
A n act to admit the State of Missouri into the Confederacy, as a
member of the Confederate States of America.
Mr. Venahle oflercd the following resolution; whirh mas rend and
agrccd to, to wit:
Resolved, That the Secretary of \Var be requested to submit additional provisions
to the articles of n ar, for the puiiiuhiiieiit of offemei:committed by persons belonging
to the Ariiiy of the Confederate Stat(+, IION caognizable oiily by civil tribunals; the
said pro\isfoiib to be in force cturmq the I)rc.eeiit war.

JOURNAL OF THE

488

[KOlr.

28, 1861.

Mr.Liirery presented ti rneiriorial of Rqa Uiggs, praying tllilenctlricnt

to the sequestration act; which mas referred to the Committee on the
Judiciary, without being read.
Mi.. McDoiveIl presented a memorial and resolution i-elxtive to the
5
arid rcfci*rcd
Lumberton Guards of North Carolina; which 1 ~ yead
to the Cornmjttee 011 Military Affairs.
M y . Caruthcrs prcsented a incrnorial of Cochran c!! Co. : which vas
referred to the Corriniittec 011 the Judiciary, without bring read.
Mr. De Xitt introduced
A bill to extend the time within which patents or the deeds of : L ~ ~ I
ment therefor may be tiled for record in the Patent Office of the ("onfederate States;
which was rcdd first and second times and referred to the Committee
on Patents.
Also, a bill to increase the pay of privates in the Confederate and
Provisional Army; which was read first and second times and referred
to the Comniittee on Military Affairs.
Mr. Cumin introduced
A hill to aniend an act for the sequestration of the property and
effects of alien enemies, ete.;
which was read first and second times and referred to thc Committee
on the dudiciary.
1\11'. Staplcs presented the memorial of ,John 13. I. Logan: which
was read and referred to the special committee to examine into Medical,
Quarterni:istt?r's, and Commissary 1)cpwtinent.;.
Mr. Seddon off'ered
A resolution directing thc Committee on the tJudici:uy lo inquire
into'the expediency of so anirndiiio' the sequestration act as t o makc
it proinibc of' indemnity to those iv%o map destroy property when in
iminincnt d:inger of fulling into the hands of the enemy;
which was rc:d and agreed to.
A inevsage n:~.s rcceiied from the I'rcsident, by the hands of his
Private Srcretary, Mr. Josselyn, informing Congress that the President had this day approved and signed an act to admit thc State of
Missouri into the Confederacy, as a member of the Confederate States
of America.
Mr. Smith of Alabania prcsented the petition of MIX.Judge; which
was referred to thc Coinmittec on the Judiciary, without heing read.
Also, tho petition of Captain Handolph; which was read and referred
to the Committee on Naval Affairs.
MY. Curry oBcred
A resolution instructing the Coniinittre on the Judiciary to inquire
into thc expediency of so amending thc sequestration act so as to provide for the payrncnt out of the surplus created by that fund the
salaries of United States ol2iccrs duo at the time of the secession of
the several States;
which was reid and agreed to.
Mr. Chilton offered
A resolution instructing the Committee on Military Affairsto inquire
int'o the cxpcdicncy of hking further action upon the subject of
pws orts;
whic 1 was read and tl reed to.
Mr. Johnson of A sp"carisas offered

So\ 28, 18GI 1

PROYXSIONAL CONGRESS.

489

resolution instructing tho Conimittct: on Indian Affairs to inquire

into thc expediency of transferring the Indian Bureau from the War
to the State Department;
ivhich WILY read and agreed to.
Also, a resolution instructing the Committee on Xilitary Affairs to
inquire i n t o the expediency of constructing a gap in the Memphis and
Little Rock Railroad; which was rcnd and agreed to.
Also, the following resolution; which wad read and placed on the
Calendar:
Resolzed, That Congress niljoui 11 oil &Ionday the sixteenth day of December,
eighteen hundred a n d sixty-one, to meet apaiii on the third of February, eighteen
hnndred and sixty-two, unless sooner called together by Ihe Prebident.

Mr. lienan introduced

-4bill to repeal all tariff l a m , etc. ;
which was rcad first and second times.
A h . Kenan then morcd that the consideration of the bill be made
the special order of Tuesday next.
Mr. Curry moved to refer the same to the Cornmithee on Finance,
and called thc question; and the called being sustained, the question
wad put. and tlre bill wiis referred to the Committee on Finance.
Mr. T. R. I<. Cob?)introduced
A hill to iiiakc pcnaI the tranhportation and sale of cotton, tobacco,
and n:t\-al s t o i ~ si n ports of the Confederate States in occupancy of
tlic cncniy; \chich N ~ Srcad first and second tiines and referrcd to the
Corriiirittec on Comiiierce.
Jlr. Forciii:in presented the memorial of Judge Harden; which was
referrcd to the Cornriiittcc on the tJ udiciary. withont heing read.
Air. \\i.ight offered the following resolution; which was rcad and
agrecd to, to wit :
12esoZverl, That tlic President be, and lie is hereby, requested to commnnicate to
this body whether any restrictioiis (and if PO, what) have been placed upon rfwels
leaving the ports of t h e Confederate States, other than those imposed by lax. , h l
if any have been imposed, by what authority.

Mr. Harris offered

A resolution instructing the Committee on Military Affairs to inquire
into the expcdiency of offering additional inducements for volunteers
to enlist i n the service of the Confederate States, etc.;
which was read and stgreed to.
Mr, Scott prcmntctf the iiiernorial of Lieut. 15. TIr. Hunter; which
was referred to the Committee on ?uavalAflairs, without being read.
Mr. Brooke introduced
A bill authorizing the fwther prosecution of the loan of the proceeds of cotton, and for other purposes;
which was read first and second times and referred to the Committee
on Finance.
Mr. Rhett introduced the following resolution; which was read and
a p e e d to, to wit:
Kesoked, That so much of the Presidents message as refers to the foreign affairv
of t h e Confederate States be referred to t h e Coniinittee on Foreinn Affairs.

Mr. Hemphill moved that the Calendar of Congress be printed for

the use of the Congress.
The motion was agreed to.
Mr. Memminger inored that Congress do now resolve itself into
executive session.

490

JOURNAI; OF THE

[XOV.

28,1861.

The motion was agreed to; atid Congress having resolved itself into
executive session and having spentl some time therein, again resolved
itself into legislative sesLbion.
.*
Mr. Hale moved t o take u p fo r consideration from the Calendar.
A bill from the Judiciary Committee for the relief of thc heirs and
distributees of deceased soldiers.
The motion was agreed to, and Congress proceeded to t h e oonsidcration of the same, aiid the first section being under coil:,icleratio~~;
which is as follows, to wit:
The Coupem of the Confederate Stutes do enact, That the captain or colnm?ncling officer of any \rolunteer company in the service of the Confederate States, 111 event of
the death of any iioncoiiimissioned oficer, musician, or private, bring a \ olnnteer
and a member of his company a t t h e tiirie of his death, shall ) ) ~ nnti
~,
is h ~ r e t ) y ,
authorized to receive and receipt for any pay or allowan(.? that ~fli!yhave beeii d11c
such nonc*oinmissionedofficer, iniisic>iaii,or private nt the tiitif. of h is dcatli, ant1 all
paymasters, quartermasters, and other persons chargrtl 1; itli tlit. payiiieiit of troops
are required to pay the sanie to such commanding officer, 011 his demand, at the
same time that he pays off the company to which the deceased belonged. Ant1 the
coriiinaiiding officer who shall receive iiioneys under t h e provisions of this a r t shall
first pay off any just debt that the deceased may owe for clothing or other iiewisaries furnished him as a soldier, and the balance [he] shall pay to the uifc of the
deceased, if living; if not, to the children, if any I n default of either TI ife or children, then to the father of the deceased, and if he be dead, then to t h e niother of
the deceased; and t h e officer so receiving said money may forward the same to the
person entitled thereto under the provisionc. of this act, either by mail or other safe
hands, and shall thereupon he discharged trotn all iurther liability therefor. Aiid
if no person entitled to receive said inoiiey shall apply for the same within six
months from the time the same is received, then the same shall be paid over to some
quartermaster or other disbursing officer of the Gorcrnnient, and a certificate thereof
takeii and a ineinoranduin thereof entered upon the pay roll of the company niatle
out next thereafter. A n d any officer ho shall receive rnonry under t h e pro5 isions
of this a(+ arid fraudulently apply t h e snine to his owii use or fail to pay the sanie
over to thc person entitled to ieceive it, lor twenty (lays after a proper applic-atioii,
withont good cauw therefor, slinll, 011 convivtioii ttiereof by a general court-martial,
be cashiered,

Mr. T. R. R. Cohh moved to amend the same 1 9 7 inserting after the

words paid off the following words, to wit: * * a11 burial expenses
and such as attended liis last sickness.
Mr. f l ~ l moved
e
t o lay the aiiiendinent on thc table, and called the
question; arid the call heiug seconded, the question was put, arid the
inotion to lay on the table prevailed.
M r . Dc, Witt moved to amend by inserting after the words inother
of the deceasod thc words if there be no rnotticr. living, thori to tlie
next of kin.
Ttie ainendment was not agreed to.
MI.. 13ococ.k moved to recommit thc, bill t o the Comniittee on the
,Judiciai-y, and called the question; and the call for the question being
secondcd, tho qucstion was put, arid the motion was agreed t o and the
bill was recommittcd to tlic Committee on the Judiciary.
On motion of M i . . Morton,
Congress then adjourned until to-morrow a t 12 m.

EXF:CUTIVE PESSIOK.

CongreJs being in executive session,

The Chair laic1 before that body a conimunication from the President,
nominating, for the advice a n d conbent of the Congre,q, the following
list of appointments for district altortieys. viz:
EXECXTIYE
DEPARTXENT,
IZich?ttoid, Tu., - Y o w ~ I L ~98,
P ~1861.
*
70 tllr 1tonol.nhle President of the Congress.

I herewith transmit, for the advicc and consent of the Congress, the nomination of
Samuel H. Henipstead, to be Confederate States district attorney for the eastern district of Aikansa-, and J o h n c. Kicoll to be Confederate State.. tlistrict attorney for
the district of Georgia.
JI<FFERSON DAVIS.

On motion. the coininunication was referred to the Conirriittee o n the

Judiciary.
Congress then resumed legislative session.

NIKTI1 DRP-FRIDAY, KOVEMBER29, 1861.

01RX

SESSIOS.

Congress met pnrsn:uit to :idjournnient, and wab opened with prayer

I>y the He\-. I)r. Hog(>.
Congres3 then r e ~ l v c diticlf itito secret qession.
SECKEL SESSIOS.

Congrcm haring resoli-cd itself into secret session,

Nr. T\dkcr introduwd
A hill to increase the pay of privates, nnct t o reduce the piiy of
oflicers in the Arirty of the Cotifederatc Siatr?;
\\ liicli w:tls read firbt ; ~ n dsecond time, and rcfcr~wlto the Coinniittee
on ;\Tilittry XRairs.
31r. Curry presrntcd thc nieinorid of C. J . CIark. surgeon of the
Tenth Alabama Kegiincnt; which was referred to thc Conitiiittec on
Xilitnry Affairs, without bcing read.
M r , Thoinason introduced
A bill t o enable the State of Missouri to elect mcnibel*bof the Iloiibe
of Representatives;
which wab read fir>tand scconcl tinlw. cngro..;cd, read third time, and

. Morton offered
A resolution instrrwting the Comlnittec on the Judiciary to inquire
into the cupcdiency of r e p d i n g an act to establish R court of admiraltj- and iiiaritiine juriidiction a t Key West. in the State of Florida;
which \$as r m l and agreed to.
Mr. 1Sroolte offered the following resolution; which was read and
agreed to, to wit:
Besolled, That t h e papers TT hieh n err before the Coniinittee on Patents at the last
session, aiid which vere not acted UJJon and returned, be referred again to same
c~ommittee.

3Ir. Smith of Borth Carolina offered the following resolution, to

wit:
Resol?ed, That the daily sewionS of Conqwss shall be hereafter at el?\ en oclock a. 111.

JOURNAL OF THE

[SOT..

29, 1861.

Mr. Avery nloved to lay the resolution on the tiiblc; which was
agreed to.
Mr. Avery offered
A resolution instructing the Committee on Military Affairs to inuire illto the expediency of adding to each cavalry rcgilnent an
additional officer, with the rank and pl y of major;
which was read and agreed to.
Mr. Carutllers presented the memorial of certain citizens of Tennessee; which was referred to the Committee on the Judiciary. without
being read.
Also, a bill to divide the State of Tennessee into three judicial districts; which was read first and second times and referred to the
Committee on the Judiciary.
Also, a bill to provide for drawing jurors in criminal cases; which
was read first and second times and referred to the Committee on the
Judiciary.
Mr. House offered
A resolution instructing the Committee on Military Affairs to
inquire into the expediency of reducing the pay of commissioned 0%cers and increasing the pay of privates in the Confederate Army;
which was read and agreed to.
Mr. Fyler oBered
A resolution instructing the Committee on Commerce to iiiquirc
into the expediency of providing a new system of weights and measures, and of coin;
which was read and agreed to.
Mr. Tyler also moved that an article from the October numher of
Do Bows Beview, entitled Coniiiiercial eufranchiHemcnt of the Confederate Statcs, be printed for the use of Congress.
Mr. Kenner moved that the subject of printing the avticle bc
referred to the Conmiittee on Public Printing.
The motion was agreed to.
Mr. Brooke moved that the memorial of Mr. Stout, of Tcnne;?see,
on the same subject, be referred to the same Committee.
The motion was agreed to.
Mr. Bocock offered
A resolution instructing the Committee on Military Affairs to inquire
into the expediency of paying for horses killed i n t h o service, which
have not been regixhirly mustered in;
which was read and agrccd to.
The C b i r presented R comiriunication from the Secretary of Congress i n relation to the disposition of certain Iav books; which mas
rend and referred to the Committee on the Judiciary.
Mr. William Bullard Preston, by unanimous consent, was allowed
to record his vote in the affirmative upon the passage of an act for the
adinissiori of Missouri.
Mr. Curry moved that Congress do now resolve itself into executive
session.
The motion was agreed to; and Congress having spent sornc time
in executive bessioti, again resolved itself into legislatirp session.
Mr. Miles, from the Committee on Military Attairs, r~povtedthe
following resohition; which was read and :igreetl to, to wit:
Resolved, That an additional member
:tdded to the Committee
Affairsfrom cad1 Stste not now rctpreqeilte(l iri Fait[ pommlttpe.
1

011

Jlilitary

PIOV 29, lbbl ]

PKOVlSlONAL CONGRESS.

493

The Chair wnnounccd as additional members of the committee:

hlessrs. Ilalc of Alabama, Harris of Miasissippi, Atltins of Tennessee, arid Oc1iiltrc.e of Tcsas.
11.11.. Milcs, fro111 the w n c coirrinittc~e.to whoni was referred a
resolution of inquiry as to tho airthority under which the President
sppointcd major-genernis in the Conf cdcrate Army, reported the sarne
back, and adwd to be dihcliargcd froni i t i further consideration, and
that tlic rcwlution lic on tlic table. ctc.
311.. Ilhctt niovccl to connnit t h o resolution reported I)acli by the
to the (loniniittee 011 tlic Judiciary, with instrtictiorlh to
11 legalizing the action of the Prcsidcnt in appointing majorgencr:tl \.
Mr. Harris m o w d to lay thc whole sithjcc-t on the blile, :tnd Xr.
Ken:ni. at the instance of thc State of Georgia, demanded that the
yeas and nays of t h e whole body be rccorded thereon.
Mr. Mcliac, from the Coniniittee on Engrosmient, reported ah correctly erigrossed arid enrolled
An act to enable the State of Missotii*i to elect members to the
House of Itepresentatircs.
Mr. Brooke called the question, which wn\ upon the motion of hir.
Iwriq, to lay 0 1 1 the tablc the report from the Military Coniniittee,
iiiict the i i i o l i o n of M r . Rhett. upon which motion, M r . Kcnan. a t the
initxncc of the Stntc of Georgia, liad dcuiandcd th at thc yeas and nags
of thc wholc, I)ody hc, rccordcd: and the call bciiip seconded, the qucstioii \\a. put, arid the yeas and nays thereon are as folloJYs, to wit:
)ania--Tcil: Messrs. TVallier and McBae. Nay : Messrs. Smith,
Cliilton, Hale, and .Jones.
R<kansas--Pea: NY.Thoinason. Xay : Nr. ,Johnson.
Flouida--Say: ?vlcssrs.Morton, Ward, and Omens.
Georgia-Y ea: Nesbrs. Hill, IZenan, and Stephens. g a y : Mr.
Wright.
Lonisian:i--Yca: Xessrs. Perkins, De Cloixet, Conrad, Kenner, and
Sparrow-.
R/lisiibiippi--Tea: Messrs. Harris, Brooke, Harrison, and Campbell.
North Carolina-Yea: Mcssrs. Davis, Avery, Moreliead, aiid Davidson. Sag: Jlessrs. NcDo~velland Venable.
South Carolina-Yea: Mr. Chesnut. Xay : Messrs. Rhett, Miles, and

Bop?.
Tcnnesree-Yea: Mcssrs. Thomas, House, Carixthers, and Currin.
Kay: Jlcssrs. Jones, Xtliiiis, aiid Dc Witt.
lexas-Yea: Afcssrs. fJemphil1 and Ochiltrec.
Virginia-Y ea: Jlessrs. Bocock. Ihteler, and Kusscll. Nay: Messrs.
Seddon, \Yilliarn 13. Prchton, Macfarlnnd. Eircs, Scott, Staples, and
Waltcr Preston.
Those States voting j i i the affirmative are,
Gcorgia, Loui\iana. Mississippi, Eorth Carolina, Tennessee, and

,.

Texas.
Those i n the negative arc,
Alahania, Florida,
Ihc Stntc of Arkai
So tile motion t o lay on the table prcrailed.
A h . Harris introduced the following resolution, to wit:
IZesol~~T
d ,h n ~the Prebiderit be I equrstecl tu coiiiiiinnicate to Coiigrebs under authori t y ctf 11 hat la\\ the appuir~tmerithof niajor-generals in the Confederate sen 1vc were
appoiii t ed,

494

JOURNAL O F THE

[SOT7.

29, 1861.

And called the quest,ion; which was seconded, when Mr. Sparrow,
a t the instance of the State of Louisiana, demanded that the yeas and
nays of the whole body be recorded tlicreon.
Mr. Jones of Tennessee moved that Congress do now adjourn.
Mr. Hernphill moved that when Congress do adjourn it adjourn to
meet again on Monday next.
The motion was not agreed to,
And the vote being taken upon the motion of 3fr. rrones to adjourn,
the same was not agreed to.
The question then reourring upon the adoption of the resolution
offered by Mr. Harriy, upon which Mr. Sparrow had demanded that
the yens and nays of tho whole body be recorded, the votc was taketi,
and resulted as follows, to wit:
Alabama-Yea: Messrs. Smith, Hale, and Jones. S a y : Messrs.
Walker, Curry, Chilton, arid McRae.
Arkansas-Nay : Messrs. Johnson mid Thomason.
Florida-Yea: Messrs. Morton, Ward, and Owens.
Georgia-Yea: A h . Hill. Nay: Mcsnr~.Cpawford, Wright, Kenan,
and Stephens.
Louisiana-Yea: Mr. Perkins. S a y : Messrs. Llo Cloud, Conrad.
Kenner, and Sparrow.
Mississippi-Yea: Messrs. Harris, 13rooke, a n d Camphell. Nay :
Mr. fiarrison.
North Carolina-Yea: Messrs. Davis, Smith, and Davidson. Say:
Messrs. Avery, McDowell, Venahlr, and 31orrhr:Ld.
South Carolim-Yea: Messrs. Rhett and Boycc. Say : ALcssm.
Chesnut and Miles.
Tennessec-Yea: Messrs. House, Atkins, and ,loiies. S a y : Messrh.
De Witt, Thomas, Currin, and Caruthers.
Texas--Yen: M r . Tlemphill. Nay: 3Ir. Ochiltrec.
Virginia-Yea: MY. Millixni 13. Yreston. Xay : Meshrb. Seddoii,
Macf~rland,Ibcock, E v e s , Scott, Botcler, arid Itussell.
Those Stntcs voting. in the affirmative arc,
Florida, arid Mississippi.
Those in the negative are,
Atahma, Arlinnsas, Georgia, Louisiana, North Carolina, Tennessee,
and Virginia.
The States of South Carolina and Texas being divided.
So the resolution was riot agreed to.
, on motion of Mr. House,
lhen adjourned until 12 in. to-morrow.
EXECUTIVE SE:SSIOK.

Congrass being in rsccutive session,

Thc Chair laid before the itody IL conimuniclttion from the lresidcnt,
noitiiriatirig, lor thc advirc and conwnt of Congress, the oficers o i l
the aocornpxnying lkt, to the rank affixed to tlicir names, respcctiveiy.
agreetibly to the recornmendation oi thc Sccrctary of W a r ? viz:
AHERICA,
WAR DEPAKT3IEST,
Richmond, November 67, lhC1.
SIR: I liave the honor to recoinniend the following nominations for appoinlriient
in tho Army of the Confedcrate States ot America:
&XFF,DER

\TI> STATES O F

Nov. 29, 1861.1

PROVISIONAL CONGBESS.

Robert H. Cliilton, of Y~rginia,to rank from March 16, 1861.

Cnptutr1

T. A. JVashiiigtun,

ot

L7iigiiiia,

t u rank from >Larch 16, 1861.

ER-GESERA I,'

nEI'hRTJIE&T.

f,io?~te?zcrnt-c.o(o,,cl

Larkiii Smith, of T-irginia, to lank from 3larch 16, 1861.

Colonrl.
Lueius 1%.Sorthrop, of South Carolilia, to raiik from Narch 16, 1861.

Lieutenci,zt-coloiiel.

R. B. Lee, of Virginia, to rank from March 16, 1861.

lfCL/Ol~\

JVilliarn 1; Rlnii, oi \-iiginia, t o i d i l k i r o ~ 31aicli

l~
16, 1861.
T. G . M'illiaiiis, oi Yiigiina, to ianL froin 31aich 76, 1861.
Cupfaiii

Theodore Lcn i*, ot I~oui~iaiia,

to rank froni 3Iarch 16, 1861.
\I LDICI\ 1 1 )El' \RTXEUT

S~I/-gPo,/GPi,f.l.nc'

Samuel 1'. 3Zooit, 01 South Carolina. to rank from Narc11 16, 1861.

,srcf ( ~ ? O ? l S
I h r i d C. Ue Leon, ot South C a d i n a , to rank from March 16, 1861.
T. C: 3latlison, ot \'irginia, to rank lroiii 3larch 36, 1861.
Char1t.s H . P i i i i t h , ot Virginia, to lank from Jlarch 16, 1861.
John &I.Haden, of V i w b q p i . to rank fioni March 16, 1861.
Lafayette ( 4 l d , of Alahania, to r m k f m n March 16, 1861.
Thomas H. IT'iIlia~ii~, of JIarylan,l, to rnnk from March 16, 1887.
Edward IT. Johnq, of JIarT land, to 1:iiik tiom >:arch 76, 1861.
\17illiar11JY.Aiiderwn, of fioutli Cnrohna, l o rank from March 16, 1861.
13lislla 1'. I,itng\+orthy, of 3Iarylaiid, to rank froiii March 16, 1861.
f I S . 5 1 PtCIllt S l l v

p 011 \

dntlrcJ\\- J . Foartl, 01 Geoipia, to rank from Xarc.li It;, 1861.

Riclrwitl I'ottq, of 31air Iniitl, t,) iaiili Irotii Zlarc.11 16. 1Sfil.
lZobc1t I,. Biodie, 01 Soutli ('aroliiia, to i c i i i k fioiii itlarch 16, 1S61.
Sat1iaiiic.LF. Crowell, of Sonth ('~tiolinn,tq r
J. J. (;aensieri, ot ?'irgiiiia, to r n n l ~b o ~ n>LI
h a ~ ~ ' d ofl , Vilginid, to iaiik flolll >lal(!i 16, 1861.
C'liarlcs Bren ei, of Jlaryland, to rank froin Alarch 16, 1861.
Jnnics 11. Uerrien. of (korgia, to rank froiii Xaicli 16. 1861.
Edward X. C o ~ c y of
, &Iaryland, to rank from March 16, 1S61.
A. 1\1. Fanntlcroy, of Virginia, to r:mk from March 16, 1861.
David P. Ramseur, of Sort11 Carolina, t o rank from Narch 16, 1861.

495

496

JOURNAL OF THE

[No\-. 29.1861,

CORPS O F ESGIXEERS.

Tieutennizt-Colonel.
Jeremy F. Gilmer, of North Carolina, to rank from Tiarch 16, 1861.

Majors.
r/lartin L. Smith, to rank from March 16, 1861.
W. 13. Stevens, of Texas, to rank from March 16, 1861.

Captai,?&
J. C . Ives, to take rank March 16, 1861.
George W. C. Lee, of Virginia, to take rank >larch 16, 1861.
Charles R. Collins, of South Carolina, to take rank March 16, 1861.
REGIMENT O F CAVALRY.

Colonel.
Earl Van Dorn, of Mississippi, to rank Iroin 1larc.h16, 1861.
In'eutenant-colonel.

E. K. Smith, of Florida, to rank from March 16, 1861.

Major.

Richard 1. Bnderson, of South Carolina, to rank from March 16, 1861.

Captains.

James M. IIawes, of Kcntiickv, to rank from March 16, 1861.

Natlian t i . Evans, of Sonth Cirolina, to rank from March 16, 1861.
James DlrIntosh, of Florida, to rank from ;\larch 16, 1861.
Charles W. Field, of Iientucky, to rank from March 16, 1861.
Robert Ransoni, j u . , of Korth Carclina, to rank froiii Narch 16, 1861.
Robert Johnston, of Virginia, t o rank froin March 16, 1861.
J. E. 13. Stuart, of Virginia, to rank from March 16, 161.
H. 13. Davidson, of Tennewee, to rank from Mlarrh 16, 1861.
John I'egrm, of Virginia, lo rank from March 16, 1861.
John B. Ilood, of Kentucky, to rank from March 16, 1861.
I<'i?at lieutcwtnts

.John T.Mrrcer, of Georgia, to rank from Narch 16, 1861.

James P. Major, of Missouri, to rank froin March 16, 1861.
Ed. Ingrahani, of hlis ippi, to rank f r o m March 16, 1861.
Luxisfold I,. IAoniax,of District of Coluinbia, to rank from 3Iarch 16, 1861.
George Jackson, of Virginia, to rank from March 16, 1861.
H. C:. McNeill, of Mississippi, to rank from illarch 16, 1861.
Pitzhngh Im, of Virginia, to rank from March 16, 1861.

'

P. IV. l"yisoii, of Sonth Carolina, to rank from March 16, 1SGI.

Aiitlrew Jackson, jr., of Tcnnmcc, to rank froin March 16, 1861.
R. E-I. Urcwer, of hIaryland,to rank froin March 16, 1861.
Akoiid licxtermirh.

F. C. Armstrong, of Arkansas, to rank froin March 16, 1861.

Charles S. I3ownian, ( i f J'loritla, to yank from h3arc.h 16, 1861.
John M. Kerr, of Xortti Carolina, to rank from &larch 16, 1861.
I am, &r, rc~pertfnlly,yoiir obedient servant,
J. P. BENdAMIS,
Secretary qf 1Kw.
'ro rfis ~ s c e l i c n c yJI~FFEI~SONI ) , \ v I ~ .

which

WWO IT~WIYY~to

tho (:ominittoc on 3lilitury Aif'airs,

SOT.
2') IXGI. J

PROT'IPIONAL

497

CONGRESS.

The Chair also laid before Congresh the follo-iving coniinunication

from the President, Ti%:
Ricmxoxn, A-member 98,1~61.
70 ilrr (?ongrers of the Co,ifeederute Mates:
J nominate the officers on the accompanq irig liat to the rank affixed to their names,
rc,kpectirely, agreeably t o the recommendation of the Secretary of War.

JEFFERSOS DAT'IS.
IIGtlTJC ALABA\CA

KEGIM

Colonel.
,Jolm A. Winston, of Alabaina, to rank froin Jnne 11, 1861.

Lzeutenunt-colod
.John \\'. Frawr, of Mabama, to rank from June 17, 1861.

Xojor.
Thomas E. Irby, of Alabama, to rank from June 17, 1861.
TEXTR A L ~ A J4I KEGIJIEST, PROVISIOSAL

ARXY.

Colod.
John H. E'orney, of Alabaina, to rank froni Jnne 4, 1861.

liezrteirrc )it-coioiwl
,Janics B. Martin, of d l a l m i i a , to l a n k from June 11, 1861.

Xujo,..

J. J. Toodward, of Alabama, to rank from September 4, 1861.

H 4LABA\lA REGI>ICST, PKOT71SIOSAL ARMY.

C'ololael.
enhanl Moore, of Alabama, to rank from June 11, 1861.

fieu tenan t-colonel.

Stephen F. Hale, of Alabama, to rank from July 6, 1861.
Alfajor.

A. Gracie, jr., of Alabama, to rank from July 12, 1861.

FOURTBESTH \I, U M 3 1 A REGIMEAT, PROVISIOSAL ARYY.

Colonel.

Thomas J. Judge, of Alabama, to rank froin July 19, 1861.

Liecitenant-colonel.

I). W. Baine, of Alabama, to rank from July 19, 1861.

Xajor.
0. K. BlcLemore, of Alabama, to rank from Weptrinber 9, 1861.
SISETXESTII A l A B U l A EMil>lLA I, l'i{(l\ IbIOS \ L AIIXY.

C'ol07,el.

Joseph TVheeler, of AIal>ama,tn rank from Septemhrr 4, 1861.

c J-\~OL 1--04--32

498

[Xov. 29, 1861.

JOURNAL OF THE
Lieutelznnt-colonel.

E. D. Tracy, of Alabama, to rank from October 12, 1861.

Major.
S. K. McSpadden, of Alabama, to rank from September 4, 1861.
TWEPTTIhT'II ALhBAXA REGIMEXT, ~'XDVISIOSAL AXXY.

Colonel.

I. W. Garrott, of Alabania, to rank froin October 8, 1861.

Lieutenant-colonel.

E. W. Pettus, of dlabalna, to rank from October 8, 1861.

Mqjw.

Charles D. Anderson, of Alabaiiia, to rank from Sovember 9, 1861.

TWENTY-SECOND ALABAMA KEGXXEXT, I'ROVISIOSAL .\RJIl-.

Colonel.

Z. C. Dew, of Alabama, to rank from October 25, 1861.

1,ieuleizccnt-colo~~el.

John C. Mamast, of Alabama, to rank froin October 25, 1861.

MLjOT.

Robert B. hrmistrad, of A41ahania,to rank

fmii

October 25, 1861.

'PfII111) .\ RKBSSAS IIIZGI.\II3ST, I'ROTISIOSAI,

ARXY.

Colonel.

A. Rust, of Arkansas, to rank froin July 5, 1861.

Liewtenan,t-colonel.
Seth 111. Barton, of Arkansas, to rank from July 8, 1861.

Xwjor.
Van 1-1. ManiJng, of iirkanaas, to rank froin July 9, 1861.

J. 8. Illallrlatlukc., o i Lirkansas, to lank from Septeniber 19, 1861.

Sfczjor.
James B. Johii~oii,of Arkansas, to rank froin September 19, 1861.
SEVJNI) ARK11SSAR I3A1"lSALIOS, PI~OT1SIO\'AL IRXY.

Mcy0.r..

W. N. Bronaugh, of Bikamas, tu rank iron1 October 29, 1861.

Sov. 29, 1861.1

V ~ S Ti~i,oiui~.\
V . ~ T . L L R YBATTALIOS,

lmx\.

IROT-ISIOSAI,

I,ieute)~,oiit-colonel.

W.G . 31.Davk, of Florida., t>orank froiii Sovrmber 4, 1861.

xcljor.
(+.

T. Zclaxn-ell, of Florida, to rank froin SoT-ember4, 1861.

T X S T I I GEORGIA REGIXEST, PROTISIOXAL

ARMY.

i:olor1el.

Alfred (hmming, of Georgia, to rank froin Septeniber 25, 1861.

I,ieutenunt-coloi~el.
J . B. Weeins, of Georgia, to rank from September 25, 1861.
*llujoT.

R. R. Ilawes, of Georgia, to rank from September 25, 1861.

lTXLF1H GEORGIA IIEGIXEXT, IROT*ISIONAL ARYY.

Coloizel.

Edward Johnson, of (&or&

to

rank froin J u l y 2, 1861.

Lieulr,?ail2-col~flel.
%. T. Conner, of Georgia, to rank froin July 2, 1861.

x(6;ol,.
Altner &mead,of (korgia, to rank from June 10, 1861.
r,

F X ~ T - I S I ~ S A LARMY.

Lirutericrnt-coloiiel.
(ioode Bryan, of Gcorgia, to rank from Jnly 19, 1861.

.ircior.
Henry P. Thomas, of Gcorgia, to rank from July 19, 1861
IEllf GEORGIA REGIXEXT, PROTIRIOS.\L

ARSlY.

c.olonel.

William I).Sinit>h,

Georgia, to rank from Jnlp 14, 1861.

I;ielcteiicrr,t-colo,iel.

3 . R. Curuuiiiip, of (Teoryia, to rank froin September 5, 1861.

Colonel.

John T. MerccJr, ofGeorgia, to rank from September 28, 1861.

I,ie~rtciirtnt-c07onel.

James .T. Norrison, of Georgia, to raiik from Pepteiiiber 28, 1861.

M(lj0i..

Thomas 7V. Ilooprr, oi Georgia, to rank from Septeinber 28! 1861.

500

JOUIlNAL O F THE:

[XOV.

TWENTY-EIGHTH GEOKGI .I REGIWCXT, IIfOTISIOSAL AiRXY.

Colonel.

T. J. Warthen, of Georgia, to rank from Kovember 13, 1861.

Lieutenant-colonel.
George A. Hall, of Georgia, to rank from November 13, 1861.
,l!lfXjor.

James G. Gain, of Georgia, to rank from Xovember 13, 1861.

THIRD GEORGIA R.\TT.ILIOX,

PROVISIOSAL ARHdr.

I,~eictenunt-color~el.

141. A. Stovall, of C;eorgia, to rank from October 8, 1861.

Major.

A. F. Rudler, of Georgia, to rank from October 31, 1861.

FOURTII (rEORGIA BATTALIOX, PROYI8IONAL ARNY.

I~er~teizunt-coloni,l.

W. H. Stiles, of Georgia, to rank from September 19, 1861.

Mnjol..
Thomas J. Berry, of Georgia, to rank froin October 23, 1561.
FIRST KENTCCKY IIEGIXLCXP, I I < O V I S I ~ K , \ l ,AR\lI-.

Colonel

Thoinm IT. Taylor, of Kentucky, to rank front October 14, 1861.

~~rutenaiit-colonel.
William Prcstoii Jolniston, of Kentucky, to rank fro111October 14, 1861.
Staojo?.

Edward Crossland, of I<eiituc*kp,to rank front KO!e11lbe116, 1861.

E. IF. N a i i ~ ~ iofi , Ktmtnt ky, to r m k froui Scptc.inl)et 2, 7861.

liicllte,,a?,/-colonc I.

Robert A. Johnston, of lhmtuclry, to rank from July 12, 1861.

Jfajor

James IV. Hewitt,, of Kentucky, to rank from July 19, 1861.

FOURPIT KBXTIJCKY ~ G I M E S T ,PROVISIOBA I, ARVY.

Colonel.

Robert I-. Trabue, of Kentucky, to rank from September 23, 1861.

29, 1861.

501
Liriileritirit-c dunel.

Andre\+ I<.IIynes, of Kentucky, to rank froin September 23, 1861.

Majm.
Thomas B. Monroe, jr., of Kentucky, t o rank from October 15, 1861.
IT 1 0 1 IS1 I S A RCGIXENT, I'ROVISIONAI.

ARMY.

Colonel.

V. Sulakonski, o f Louisiana, to rank frorii ,Tune 1.5, 1861.

LiPutPnant-colorwl.
12. W. Jones, oi Louisiaria, t u rank froin September 20, 1861.

Majoy.
Zebulon York, of Louisiana, to rank from September 2, 1861.
J ~ I R ~LT~ V I S I A X ABITTALIOX,

morrsIosAiL IRJIY.

heutenunt-colonel.

N. H. Rightor, of TJouisiana, to ianlr from October 2, 1861.

Mup.
J. 11. Beard, of J,miiLian+ ti, rank fioxn October 2 , 1861.
THIRI) 1 0 1 1511 1 \ BA'lXAJAUb, PRO\ I \ I O S A L ARMY.

JT,ieute,aui~t-coloi,ti.
Chai lrs 31.f;intlfoitl, of LouiGiana, to rank from September 4,1861.

3lajo I..
Fdinunti Pentlleton, of Louisiana, to rank from Septenilwr 19, 1861.
l"OI'ILl~ LOI'ISI 4\'

<

33 Yr'rALIO\,

l'ItO\T'.IOS

\L

iRYY.

Jf+m
G. C. Waddill, of Louisiana, to rank from September 19, 1861.
I ~ I F r I iLOL IbI \ \ L HATTILIOS, FROVISIOSAL ARMY.

Lieu teticilzt-colonel

J . 13. (4. Kennedy, of Louiciaim, to rank froin October 22, 1861.

XIXErEES'PII >IIBSI'SIPPI REGI\IEXT, PROYIlIOYAT 4RkKY.

Colonel.

Christopher 1.Ilott, of \licsicsippi, to rank from June 11, 1861.

~~eutenaiit-coloiiel.

L. Q. C. I,amrr, of Jiissiesippi, to rank from June 11, 1861.

iMajor.
J o h n Miillinq, of Ilississippi, to rank from June 20, 1861.

JOURNAL O F THE

502

[SOY.

rpWEN'pY-hECOXD \IISSIBSIPPI REGIXE\'L', PROVISIO'?Al

kK\IY.

Colowl

D. W. C . Bonham, of Mississippi, to rank from October 10, 1861.

Lieutenant-colonel.
Frank Schaller, of Mississippi, to rank from October 2, 1861.

Ma?or.

Charles G. Nelms, of Nississippl, to rank from October 10, 1861.

FIRST \IISSIbbll'l'l

C A I ALRY REGIXES 1 , PIiOVISIOS k L AIZJIY.

Colonrl.

Wirt Adams, of Mississippi, to rank

froin

October 15, 1861.

Liezitena?it-eolonel.

Robert C. Wood, of Mississippi, to rank frorii October 15, 1861.

XOjO?".

James Hagan, of Mississippi, to rank from October 29, 1861.

THIRD bIIbsISSIPPI BATTALIOX, PKOVISION I L BR\IY.

Major.

A. 13. IIarclcastle, of Nississippi, to rank from November 16, 1861.

RECOSD

~CISRISSIPPIm m A I , I o N , PROYISIOSAL

ARXY.

Lieutenccnt-colon(1.

John

C;.

Taylor, of Mississippi, to rank froin Soveiiiber 2, 1861.

lW(7/or

W. 8. Wilson, of Mississippi, to rank from ?Torember 2, 7861.

IOY, I3 YITALIOS C IVALRY, PROVISIOY \ L A R M Y .

Jlajor.
William T. Martin, of TVIi&sippi, to rank from October 24,1861.
FIRST \ L I S S O ~ I ~I I ~ . I W ~ T
P R, O Y I ~ I O S ~ ~ I~, R M Y .

Colo?lel.

Johu H. I~OMWI, of l\Iissouri, t o rank from June 11, 1861.

l'ieutenaiit-colonel.

Lucins L.Rich, o f Missouri, to rank from July 1, 1861.

MajoT.

c. C . Campbell, of

hIissouri, to rank from .Tidy 13, 7861.

11"RS"P V-41tYL \XI) I(lSGIYI~ST, PRO\~ISIONAL ARMI'.

Cblonrl.

Gcorgc IT. Gttwart, of Maryland, to rank fronl Reptelnber 1, 1861.

29, 1861.

503

YROVISIONAL CONGRESS.

Sov. 39,1861.1

I;ieuteirtsnt-colorie/.

Bratiley T. Johnson, o f &Far)land, to rank from Repteniber 4, 1861.

Jfiijor.
Rdward R. Dorse? , of Marplantl, to rank froin September 4, 1861.
FIXbT YOLTJI C .IROLISB KEGI\IE\T.

PROVISIOS..\I, ARMY.

Colonel.

&laxcpGregg, of South Carolina, to rank fruin July 25, 1861.

J=ieuteii(oLL-L02orie/

D. TI. Innlilton, of South Carolina, to rank from July 26, 1861.

Xajor.

A. 21.Smith, of South Carolina, to rank from J u l y 26, 1861.

YIRST SOliTR C.LIEOIII.?A OAYAJ~IZPB B T P A L I O S , Jl?OTlS1OSAL ARMY.

I;i~iiteirtriil-colool2el.

John 1,. Rlwk, of South Carolina, to rank from October 31, 1861.
PhLXETTO 3ihTThLIOX AR~YLIIEI<Y(SOUTII C A R O I L T A ) , IKOTIGIOSAL

MCljOl..

E. B. White, of Sooth Carolina, to rank froin Soveiiiber 2, 1861.

TIIIRI)

m x i s m c m m m r : r x w r , PROVISIONAL ARMY.

Colonel.

E. Greer, of Texas, 1.0 rank froiii JnIy 1, 1861.

Lieicterrant-colorzel.
IVaIter P. Lane, ol Texas, to rank froin July 2, 1861.

Majoi*.

George W. Chiltun, of Texas, t,o rank from August 2, 1861.

xot:smn

REGI>~ENT.

Coloiael.

James Reily, of Texaa, to rank from August 19, 1861.

Iieuten a n t-colonel.
William zt. Scurry, of Texas, to rank from August 23, 1861.
i

JfltCjOY.

Henry 11. Kaguct, of Texas, to rank from Auplst 23, 1861.

( OlOILPl.

Thomas Grecn, of Tesils, ti, rmik ii0111

Angnst 20, 1861.

ARMY.

504

JOURNAL OF THE
I/ieutenant-colonel.

Henry C. McNeill, of Texas, to rank from August 20, 1861.

Major.
Sam. A. Lockridge, of Texas, to rank from August 20, 1861.
SIXTI%TEXAS MOTINTEI) REGIMEST, IllOVISIONAL AHbCY.

Colonel.

B. Warren Stone, of Texas, to rank from September 12, 1861.

Lieutenant-colonel.

John 8. Griffith, of Texas, to rank from September 12, 1861.

Majov.

L. S. Ross, of Texas, to rank from September 12, 1861.

SECOND PEXAR INFANTRY REOIYEWTT, PROVISIONAL ARMY.

Colonel.

J. C. Moore, of Texss, to rank from September 2, 1861.

Lieutenant-colonel.

J. F. Ward, of Texas, to rank from September 2, 1861.

Major.

x. B. Debray, of Texas, to rank from September 2, 1861.

THIRD TEXAS INFAh*TRY KEGIMEP;T, PROVISlONAL ARNP

Colonel.

P. N. Luckett, of Texas, to rank from September 4, 1861.

Iieutenant-colonel.

A. Buchel, of Texas, to rank from September 4, 1861.

Major.

E. F. Gray, of Texas, to rank from Septemher 4, lS61.

BOURTIl TEXAS INPANTRY REGIMENT, PROVISIONAL ARMY.

Colonel.

John R. IIood, ol Kentucky, to rank from September 30, 1861.

Lieutenant-colonel.

John Marshall, of Texas, to rank from October 2, 1861.

Najo r .

Bradfute Warwick, of Texas, to rank from October 2, 18G1.

FIETR TEXAS INFANTRY REGIUENT, P R O V I ~ I O S A L ARMY.

POlOolEl.

,J. J. Archer, of Maryland, to rank

frotll

0ctoht.r 2, 11161.

rm.29,1861.

x<n 29. Mil ]

PROVISIQWAL CONGRESS.
Lierrtentrtit-color~rl.

J. B. Robertson, of Texas, to rank from October 10, 1861.

ilfajor.
W. H. Botts, of Texaq, to rank from Koveinber 4, 1861.
SIXl'R TEXAS I

rm

K I ~ G I M ~ : ~ ' PROVISIONBI,
T,
ARMY.

Colonel.

It. 1%.(+arIancl, of Virginia, to raiik from September 3, 1861.

I;iezitennirt-colo/el.

[Thomas] Scott Anclerxon, of Texas, to rank from September 3, 1861.

luajor.

A. 31: Haskell, of District of Columbia, t o rank from September 3, 1861.

THIRTY-FOURl'tI TEPcNESSEE REGIMEST, P R O T I S I O S . 1 1 ~ ARMY.

Colonel.

William &I. Churchwell, of Tennessee, t o rank from s u g u s t 16, 1861.

I,iezifena??t-colonel.
James A. McJlurry, of Tennessee, to rank froin August 16, 1861.

JIajor.
Robert 1v. Lewis, of Tennessee, to rank from August 16, 1861.
'THIRTY-FIFTH TEXNESSEX KEG XYEKT, PROVISIONAL ARMY.

Colonel.

B. J . Hill, of Tennessee, to rank from September 11, 1861.

Lieutenant-colonel.

John L. Spurlock, of Tennessee, to rank from Septcrnber 11, 1861.

Major.

Joseph Brown, of Tennessee, to rank from September 1I, 1861.

THIRTY-EIGIITIl TEYYFSSER REGIMES I>,PROYIBIONAL ARMY.

Colonel.

B. F. TJooney, of Tennemee, to rank froin October 26, 1861.

Lieutenant-colonel.

R. J. Golladay, oi Tennessee, to rank from October 26, 1861.

Xajor.

D. 1%.Thrasher, of Tennessee, to rank from October 26, 1861.

FORTIETII TENNESSEE XEGIXEKT, PROVIBION.41, AHMY.

Colonel.

L. 31. JIT'alkcr,of Tennesxc, to rank fronr Xorember 11, 1861.

505

506

[SOT.
29, 1861.

JOURNAL OF THE

Lieutenant-colonel.

C. C. Henderson, of Tennessee, to rank from November 11, 1861.

Major.
J. A. Minter, of Tennessee, to rank from Soveriiber 11, 1861.
TRTENTY-NINTH VIRC4IS;IA R E G I Y E S T , IROVIhlON.4L

.iRDIY.

Colonel.
A . C . Moore, of Virginia, to rank from Sovember 4, 1861.
Lieutenant-colonel.

William Leigh, of Virginia, to rank from November 4, 1861.

-wqjor.

James Gilep, of Virginia, to rank from I o r e i i h e r 4, 1861.

FORlY-BIBLH VIRGISI.4 REGIMENT, IJtOYISIOXAL ARMY.

Colonel.
Henry Heth, of Virginia, to rank from June 17, 1861.
Lieutenant-colonel.

W. E. Peters, of Virginia, to rank from Sovember 14, 1861.

Major.

1%.H. Werth, of Virginia, to rank from November 14, 1861.

BORTY-SIXTR V I l t G l K l . \ l ~ E ( ~ I M F & T]IN)\
,
IhlOA.41,

ARMY.

ColoRel.

J. Lncius Daiis, of Virginia, to rank froni June 24, 1861.

Lielltrlrtr?2t-Co10,lPl.

John 11. Ricliardson, of Virginia, to rank froiri June 24, 1861.

&jor .

H. W. Fry, jr., of \irginia, to rank froin June 24, 1861.

FIlWhTFl V I R G I S I 1 REGIMENT, IROVISIONAL AR3IY.

Colollrl.

A. W. Reynolds, of Virgiiik, to rank from July 10, 1861.

I,irictantcril-c.olo,iel.

W. W. Finiiey, of I%ginia, to rank from July 3, 1861.

lfajov.
C:. K. Thorl)nrii, ol Virginia, to rank from July 10, 1861.
I ~ l I ~ T Y - I L ~ ~ \llK+IKl
hl
1 I ~ J ~ X ~ I ~ ~ PXOVISIONAL
IWP,
ARMY.
( blo7zel.
Cinbricl (. ! V I i a r ~ ( n o~ f~ Vii,gitti:L, t o rarlii froui J a l y 17, 1861.

KO\.29, 18bl.l

IlLOVISLONAL

CONGRESS.

Lieutenant-colonel.
James I\-. >lassie, of Virginia, to rank from July 17, 1861.
~Ic~oo,.
D:tritl S. JIoiinshell, of Tirginia, to rank from J n l y l i , 1S6l.
I IkTY-SIXTH YIRL1SI.k REGIVE\

1,

JI~OVl~IO\ALARXY.

CWoriel

C. 1;. Henningeen, of Georgia, to rank from h i g u s t 1, 1861.

/J(eiitPi2((llf-(oloi2el.

F. 1. Anderson, of Louisiana, to rank froiri . J d > 13, 18G1.

xici(.
John Lawsori, of Virginia, t o rank froin August 13, 1861.
hISTIETH YIR(r1Al.k ILl;(.rI\ICST, IROVI6IOS iL ARXY.

colo?zrl

W. R. Starke, of lTirginia,t o rank from Octobei 1.2, 1861.

I,ieiiie,?niit-coiolarl.
J n i i i ~I, Corky, o f T7irgiiiia, to lank troni October 12, 1861.

JlaJor

James Jv. S n eeney, of ylrgima, to rank from October 14, 1861.

IE\73YIR \-IR(x1\ I \ c l \ I L K > , I R 0 T I ~ I ~\I,S .ZR\IY.

Colonel.

Angus V, SlcDoiialtl, of \irgi&,

to rank

fiorii

J n n r 5, 1861.

~;znllP)lcx)it-Cul(~,Irtl

Turner Ashh:, of Yirginia, to lank from drily 17, 1S61.

Mujor.
Oliver R. Firnsteii, of Virginia, to rank from July 17, 1561.
CIORTH T 1RGIXI.L C4\- iLR\;,

PRO\ IRIOSAL .4RXY.

Colond.

Walter 11. Jmifer, oi Ylrginia, to rank from September 24, 1861.

Lmtem ii t-colonel.
Albert G. Jenkins, of STirgiriia,t o rank froiii Septeinbcr 24, 1S61.
&joy.

P. 31. Edmondbon, of Virginia, to rank from September 24, 1861.

FIRST \IRGIXI4

R \WAT TOT, PROVISIONAL ARMY.

Xcijor.

Joliii D. Miinford, of Tirgiiiia, to rank from ,Jaly 79, 1861.

508

JOURNAL O P THE
GEORGIA LEGION, PROVISIONAL AXMY.

Lieutenant-colonel.
Pierce M. B. Young, of Georgia, to rank from Noverriber 16, 1801.
2Micjors.
Benjamin U. Yancey, of Georgia, to rank from November 15, 1861.
Jefferson M. Lamar, of Georgia, to rank from November It;, 1861.

which were referred to the Committee on Military Affairs.

Congress then resumed legislative session.

TENTH DAY-SATURDAY,

NOVEMBE:~
30, 1861.

OPEN SESSION

Congress met pursuant to adjournment. and was opened with prayer

by the Rev. Dr. Hoge.
Mr. Chilton announced the presence of Gen. Cornelius lidbinson, a
Delegate from the State of Alabama, who came forward, presented his
credentials, mas duly qualified, and took his seat.
Congress then resolved itself into secret session.
SECRET SESSIOK.

Congress being in secret session, the following message was received,

viz :
EXECUTIVE
DEPART>~ENT,

Rich.mond, Aovember SO, 1861.

MT.fiesident: The President on yesterday approved and signed

An act to enable the State of Missouri to elect members to the Ilouse of Representatives.
ROBERT JOSSELYX,
Private Secretary.

Mr, Avery, from the Committee on Military Affairs, t o whom TV\RS

referred a resolution for the relief of the Lumberton Guards (Corn
pany 11, Second Rcgiincnt North Carolina Volunteers), reported back
nnd rccoinmended the passage of the same.
The report was received, and the resolution was engrossed, read
third timc, and passed.
Mr. iVlcRse offered the following resolution; which was read and
ugrccd to, to wit:
ll(~solwd,That thc Doorkeeper be authorized to purchase five hundred dollars
worth ol rtationery for ttie 11sc of Congress, and he shall purchase the saiiiC wlwe
lie can get it ctieqest.

Mr. Hill resented the memorial of sundry citizens of the Statc of

Georgia; w ich was referred to the Committee on the Judiciary, withoat bcing read.
Mr. Kcriner offered
A resolution instructing the Committee on Military Affairs to inquire
into tho expediency of authorizing the Hccretary of War to appoint an
assistant, who shall be known as Assistant Secretary of War;
whicli was read and agreed to.
Nlr. Davis presented a memoriul; which was referred to the Comniittcr on the Judiciary, without Iwinq 1.cnd.

Kov. 30,1861.1

IIZOVISIONAL CONGRESS.

509

Xr. Claruthers presented

A resolutioti instructing the Committee on the Judiciary t o inquire
into the expcdiencv of exempting froin the o erationi of the sequestration act all rebidentq of nonqlaveholding g a t e s at! thc time of the
dissolution of the Union, who can show to the satisfaction of the district courts that they liad determined to become citizens of the Confederate State., and that they were prevented from so doing by the
interference of the authorities, etc. ;
which was wad and agreed to.
Mr. Currin introduced
A Fill to establish certain post routes therein named;
which was read first and second times and referred to the Committee
on Postal Affairs.
A h . Seddon introduced
A rciolution instructing the Committee o n Military Affairs to
inquire arid report whether by any additional legislation and by the
presentation of additional inducements the terms of enlistment of the
volunteers now in the service fo rmo re limited periods to an enlistment
for the war may not be promoted;
which was read and agreed to.
Mr. Wright presented the memorial of M.G. Rushton; which was
referred to the Coninlittee on Naval Aff airs, without being read.
A h . Chilton presented a mcmorial: which was referred to the Committee on Postal Affairs, ~vithoutbeing read.
A h . Bocock presented a rneiiiorial of Charley C. Hudhon and Richard S. Roberson; which Tvab referred to the Committee on the Judiciary, without being read.
Congresi then proceeded to the consideration of the Yrirate Calendar, mid the fir4 bill thereon having- been taken u p for consideration,
11-hich was
il bill to prevent the importation of African negroes,
The same was, on motion of Mr. Ochiltree. laid on the table.
Mr. Arery moved to postpone the furthcr consideration of the Calendar, for thc purpose of receiving reports from the Committee on
Jlilitryv Affairs.
The motion ~ v a sagreed to; and
Nr. Miles, from the Committee on Militarj- Affairs. to whom was
referred
A resolution of inquiry as to the expediency of paying for horses in
the cavalry serrice not killed in action.
reported the same back, asked to be discharged from its further conhideration, and that the resolution lie on the table; which was agreed to.
Jlr. Miles. from the same committee, to whom was referred
A msolution instructing said committee to report R bill providing
f u r the payment of bonuses fo r the manufacture of gunpowder, saltr, srnall arms, etc.,
1-eported the Same hack, asked to be discharged from its further consideration, and that the resolution lie on the table.
A h . Sinith of Alabama moved to recomnlit t h e resolution to the
committee, with instructions to report the bill as provided f o r by its
terms.
The motion was agreed to, and the iwolution reconimitted.
A nlessagc W ~ L Sreceived from the President, by the hands of his
irirate S e c r e t r j , Mi.. Josselyn.

JOURNAL OF THE

510

~DCC.
2, 1661.

T h e Chair presented a communication from the President; which is

as f oilows :

EXECUTIVE

DEPARTXEXT,

Richnaontl, Ahcember 8'0, 1861.

To the honorable President of the Colagress:

I herewith transmit a communication from the honorable Secretary of War and
recommend it to the favorable consideration of t h e Congress.
JEFFERSON DAVIS.

On niotion of Mr. Kenner, the message and accompanying documents were referred to the Committee on Military Affairs.
Mr. McRae, from the Committee on Engrossment, reported as correctly engrossed and enrolled
A resolution for tbe relief of the Lumberton Guards (Company D,
Second Iteginient North Carolina Volunteers).
On motion of Mr. Wright,
Congress then adjourned until ;Monday a t 12 m.

ELEVENTH DAY-MONDAY,

DECEMBER
2, 1861.

OPEN SESSION.

Congress met pursuant t o adjournment, and was opened with prayer

by the Rev. Dr.-Ioge.
MI-.Johnson of Arkansas announced the presence of Messrs. George
G. Vest, C a s ~ a W.
r Bcll. and A. H. Conrow, Delegates-elect from the
Statc of' Misiouri, who came forward, presented th& credentials, mere
duly qualified, and took their seats.
Congress then resolved itself into secret session.
SECRET SESSION.

Congress being in Pecret session,

A message 'WRS received from the President, by the hands of his
Private Secretary, Mr. Josselyn.
Mr. Wallier offered
A resolution instructing- the Committee on Finance to inquire into
the expcdicncy of dispensing with the assessment in States assuming
the payment of the Confederate tax, by authorizing the Secretary
of the Treasury, in conjunction with the proper authorities, to assess
the tax;
which TYSY re:d and agreed to.
Mr. Ciw1:ind oflered
A resolution instructing the Committee on the Judiciary to inqiiirc
into the expediency of so amending the scquestration act as to exeinpt
the property of free iicgroes who were corrlpelled by the laws of the
slitvc Sttites to leave nnd seek homes in the free States;
which was rcad and agreed to.
Mr. Morton presented the memorial of the postmaster a t Pensacola,
H a . ; which was referred to the Committee on Postal Affairs, without
being read.
Mr. Crawford presented the niemorial of a chaplain in the Confederate Army; which was referred to the Committee on Military Affairs,
without being read.

Dec. 2, 1861 1

PROVISIONB

r,

C O N G R E~ S .

511

Mr. Conrad offered the following resolution: which was read atid
was not agreed to, to wit:
Resolzed, That the chairinai? and tn o nwnberb of a standing coinrnittee shall cunstitute a quorum

Mr. Brooke introduced

A bill to establish ccrtttiii pmt routes in the State of Mississippi:
which was read first and m m i d times and referred to the Committee
on Postal Affairs.
Jlr. Smith of S o r t h C:irolitia introduced
A bill to amend an act entitled * - i n act to e s t a h k h a miforin rate
[rule] of nat~irralimtionfor p e r i o n \ enlisted in the armies of the Confederate States:
which mas read firyt ant1 hecorid tiiriez and referred to the Committee
on the Judiciary.
Xr. Jones presented a joint resolution of the legislature of Tennessee concerning the increa5e of the pay of private soldiers; which mas
read and referred to the Coninlittee on Military Affairs.
Mr. Tyler presvnted the memorial of iiiercharits of Sorfolk, Va.,
asking a moditication of the sequestration act; which was referred to
the Comniittce on the ,I udiciary, without being read.
Also, a report of the committee of tho Virginia Convcntion; which
mas reftrr r d to the Coininittee on S a d A4Esirs,without being read.
Jlr. Milcb, from the Coiiiiiiittw on Military ,Iffair-, to whom mas
referred the spcckl report. of the Secretary of JVar, reported and recoiniiiendcd tlic p ~ a op
A hill to encourage t h e riilistnient of volunteers f o r the war.
The fird section of t h c mile k i n g under consideratioti; whicli is as
follom, t o wit :
SIXTIOX
7. Rc it enuctPt7 b y ! l i p Cong,ws 01 t h p Conffderrcte ,qtntes, That a bounty of
do:I~rcshall he p i d a t the time of rccnlictiiieiit to all troops now d i s t e d in the
~ d t ~ r : >States
tc~
for twelve inonthc, TI h o qliall prior to the eupirai t trriii of s e n Ice reeii1i.t f c w the \\ ar; and that furlouphe not
exceeding sixty days shall 1)e eranted to t r o o p ko reenlisting at such times as, in the
judqment of the mid Secretary, iiiay best cSom1)ort n i t h the exigencies of the public
service.

Mr, Hemphill moved to amend the same hy inserting after the word
dollars the folloving words. to wit: and transportation home and
back.
The amendment w a y agreed to; and
On motion of M r . Crnmford. the further cnnyideration of the hill
was postponed, and the same ordered to be printed and rriadc the special order for 1 oclock tomorrow.
M r . Harris, from the same corninittee, reported and recoiriincnded
the passage of
A bill to ainerid an act to increase the n i i l i t q - establishliient of the
Confederate States, and to airierid an act for the establishment and
organization of the Army of the Confederate States, approved May
16, 1861;
which was read the first and second times;
When,
Mr. Hale iiioved to lay the bill on the table; and
Mr. Crawford, at the instance of the State of Qeorgin, demanded

512

pJOUflNAL 02 THE

p e e . 2, 1861.

that the yeas and nays of the wholc body bc recorded thereon; which
are as follows, to wit:.
Alabama-Yea: Mtssrs. Curry, Chilton, Hale, and Jones. Say:
Messrs. Malker, McRae, and Bohinson.
Arkansas-Eay : Messrs. Johnson, Thomason, and Watkins.
Florida -Yea: Messrs. Morton and Owen.
Georgia-Yea: Messrs. Foreman, Crawford, Hill, and Wright.
Nay: MY.Stephens.
Loixisiana-Yea: Mr. Perkins. Nay: Messrs. De Clouet, Conrad,
Kenner, and Sparrow.
Mississippi-Yea: hlr. Campbell. Nay : Messrs. Harris, Orr, and
Harrison.
North Carolina-yea: Mesurs. Smith and Craige. Kay: alcssrs.
Avery, McDowell, Venable, Morehead, and Davidson.
South Carolina-Nay : Messrs. Rhett, Memminger, Miles, and
Boyce.
Tcnnesscc-- Yea: Messrs. Jones, De Witt, Currin, and Caruthers.
Nay: Messrs. House and Thomas.
Texas--Nay : Mr. Hemphill.
Virginia- Yea: Messrs, William B. Preston, Roteler, and Russell.
Nay : Messrs. Seddon, Macfarland, Bocock, Rives, Scott, Brockenbrough, Johnston, and Walter Preston.
The following States voting in the affirmative:
Alabama, Florida, Georgia, and Tennessee, 4.
Those voting i n the negative are,
Arlcansas, Louisiana, Mississippi, North Carolina, South Carolina,
Texas, and Vir inia, 7.
The Stato of issonri not voting.
So tlic iiiotion was not agreed to.
Thc first section of the bill being under consideration; which is as
follows, to wit:

17v Co)zpws of tlie Confederate &fates do enact, That PO much of the eighth section of
the above-entitled [act] as authorizes the appointment by the President of ten cadets,
to be selected at large from the Confederate States, be; and the same is hereby,
repealed; and in lieu thereof the President shall appoint twenty cadets, to be selected
at large from the Confederate States and Territories thereof, the District of Columbia,
and the border slave States.

MY.Crawford moved to amend the same by striking out therefrom

thc words District of Columbia; and
Mr. Johnson of Arkansas, at the instance of his State, derriandocl
that the yeas and nays of the whole body be recorded thereon; which
arc as follows, to wit:
Alubaraa-Yea:
Mcssrs. Curry, Chilton, Robinson, arid Jones.
Nay: Messrs. Wallrer and Hale.
Arkansas--Nay : Mcssrs. .Johnson, Thomason, and Watkins.
Florida-Yea: Messrs. Morton and Omens.
Georgia-Yea: Messrs. Foreman and Crawford. Nay: Messrs. Hill
and Stephens.
Louisiana-Yea: Mr. Perkins. Nay: Messrs. De Clouet, Conrad,
Kenner, and Sparrow.
&Yea: Mr. Campbell. Nay: Messrs. Harris, Brooke,
Orr, and arrison.
North Carolina-Ycn: Messrs. Smith arid Tenable. Nay: Messrs.
A v c ~14I
~ cDowell,
,
Morehead, and Davidson.

MisaissP

Dec. 2 , 1861.1

PROVISIONAL CONGRESS.

5 13

South Carolina--Nay : Nessrs. Rhett, Memminger, 31iles, and

Boyce.
Tennessee-Yea: Messrs. House, Jones, De Witt, Currin, and
Caruthers. hay: Mr. Thomas. .
Texas-Say : Mr. Hemphill.
Virginia-Yea: Messrs. Seddon and William B. Preston. Nay:
Messrs. Rlacfarland, Bocock, Rives, Scott, Roteler, Itussell, Johnston,
Sta les, and Walter Preston.
T!ose States voting in the affirmatirc are,
Alabama, Florida, and Tennessee, 3.
Those in the negative are,
Arkansas, Louisiana, Mississippi, Korth Carolina, South Carolina,
Texas, and Virginia, 7.
The State of Georgia being divided and the State of Missouri not
voting.
So the motion did not prevail.
Mr. Crawford moved to amend by striking out the word twenty
and inserting in lieu thereof the vord ten.
The motion was not agreed to.
Mr. Crawford moi-ed further to anicnd hy adding to the end of the
section the following prorim, t o wit:
Provided, That .aid appointments shall lse first made from the 1i.t of young men
rvicc of t h e Confederacy aq privates or noncommissioned
ho are already in th
f those who ha\ e t i i d iu t h e service of the Confederacy.
otficers, and to the FO
R

Nr. Walker called the question, which was upon agreeing to the
mendment proposed by M r . Crawford;
\Then,
N r . Arery, at the instance of the S k t e of Xorth Carolina, demanded
that the j-eas and nays of the whole body be recorded thereon; which
are as follows, to wit:
Alabama-Yea: Messus. Walker, Curry, Chilton, Hale, Robinson,
and Jones. Kay: Blr. McKae.
Arkansas -Yea: Messrs. Johnson, Thomason, Garland, and Watkins.
Florida-Yea: Messrs. Mortozi ~ i i dOMens.
Georgia-Yen: Messrs. Foreman, Cramford, Wright, and Stephens.
Nay: Nr. Hill.
Louisiana-Yea: Mr. Perkins. Say : hlessrs. De Clouet, Conrad,
and Sparrojv.
Mississippi-Yea: A h . Campbell. Say: JIessrs. Harris, Brooke,
Orr, and Harrisoii.
Missouri--Yea: Bfersrs. Bell, Conrow, and Vest.
North Carolina--Say : Mcssrs. Davis, Aver-; Venable, Morehead,
and Davidson.
South Carolina-Ka-: Messrs. Rhett, Mile*, and Boyce.
Tennemx- Yea: 31essrs. Jones, De TVitt, Currin, and Caruthers.
Nay: Messra. House and Thomas.
Texas-Yea: Nr. Hemphill.
Virginia-Yea: Messrs. 7Tilliani B. Preston, Macfarland, and Rives.
Nay: Riessrs. Seddon, Bocock, Scott, Brockenbrough, Staples, and
Walter Preston.
The following States voted in the affirmatire:
Alabama, Arkansas, Florida, Georgia, Missouri, Tennessee, and
Texas, 7.
Those voting in the negative are,
c

J--TOI,

1-04-33

514

JOURNAL OF THE

[Dee. 2, 1861.

Louisiana, Mississippi, North Carolina, South Carolina, and Virginia, 5.

So the amendment was agreed to, and the section as amended reads
as follows, to wit:
The CO7kgrrSS of the Confederate States do enact, That SO much of the eigl1tll section
of the above-entitled act asauthorizes theappointment by t h e President of ten cadets,
to be selected a t large from the Confederate States, be, and the same is hereby,
repealed; and in lieu thereof the President shall appoint twenty catlets, to be selected
at large from the Confederate Statcs a n d Territories thereof, t h e District of Columbia,
and the border slave Statcs: Provided, That said appointinents shall he first rnade
fronl t h e list of young men who are already in the service of the Confcderacy as
privates or noncommissioned officers, and to the sons of those who have died in the
service of the Confederacy.

The question then recurring u on the ordering of the bill to be

engrossed for a third reading, an the vote having been talicri, the bill
was ordered to be engrossed for a third reading.
Mr.Avery moved t o reconsider the vote by which the Congress
ordered the bill to be engrossed for st third reading; and
On motion of Mr. Avery,
Congress adjourned until 1 2 m. to-morrow.
EXECUTIVE SESSION.

Congress being i n executive session,

The Chair laid before the body the following communications from
the President, viz:
Decembrv 2, 1861.
R ~ c n x o s n \-A.,
,
To the Congrrss of the Confederate States:
I noiniiiate the officers on the accompanying list to the rankaffixed to their names,
respectively, agreeably to the recommendation of &lieSecretary of War.
JEFFERSOX DAVIS.
ADJUTANT-~ENERALS DEPARTYEST.

Meutencmt-coloizels.

John M. Jones, of North Carolina, to take rank September 4, 1861.

William W. hlackall, of T t ~ a s to
, take rank September 9, 1861.
S. S. Anderson, of Virginia, to take rank October 2, 1861.
Gcorge LV. Lay, of Virginia, to take rank October 7, 1861.
J. T. L. Preston, of Virginia, to take rank October 22, 1861.

Xajors.
R. 1-1. Itiddicli, of North Carolina, to take rank September 2, 1861.
1%. 1-1. Anderson, of Georgia, to take rank September 4, 1861.
Pollolr 13. Lee, of Tennessee, to take rank September 2, 1861.
Alex N. Jackson, of Texas, to take rank August 19, 1861.
Jaspcr S. JVhitinp, of , to take rank September 9, 1861.
Richard N Snowden, of Maryland, to take rank September 23, 1861.
William F. Nanc*c,of South Carolina, to take rank September 23,1861.
J. \V. Ilaniel, of Virginia, to take rank September 23, 1861.
George G . Garner, of Louisiana, to take rank Septetnber 27, 1861.
J. W.Itatchford, of North Carolina, t o take rankSeptember 30, 1861.
James 1-1. Hill, of Mississippi, to take rank October 2, 1861.
Alexander Casseday, of Kentucky, to take rank October 4, 1861.
J . W. Balfour, of Mississippi, to take rank October 9, 1861.
Paul J. Quattlebauin, of South Carolina, to take rank October 30, 1861.
Samuel W. Melton, of South Carolina, to take rank November 7 , 1861.
E. A. Palfrey, of Louisiana, to take rank Sorember 7, 1861.
A. 8. Cunningham, of Virginia, to take rank November 18, 1861.
George Wlliamson, of Louisiana, to take rank November 16, 1861.
3. E. 8laugilter, of Tennessee, to take rank Noyember 16, 1861.
W. A. Quarks, of -,
to take rank October 24, 1861.

Dec. 2, 1861.1

IROVIPIONAL CONGRESS.

515

Captains.

Archer Anderson, of Virginia, to take rank September 2, 1861.

Francis $1. Jordan, of Yirginia, to take rank September 2, 1861.
W. 1).Pickett, of Teiinessee, to Lakc rank September 2, 1861.
Williain R. 13arr>,of SIis-iwppi, to take rank September 9, 1861.
\\. U. \\hitthornc, of Teniiesree, t o take rank Sfytember 9, 1861.
JTilliani J . Gayer, of Virginia, to take rank September 2, 1661.
Roscoe B. Tlcath, of Yirginia, to take rank September 2, 1881.
Henry 1. BreBstcr, ot Telaq, to take rank September 11, 1861.
G. N. Sorrel, of Yirginia, to take rank Srpteinber 11, 1861.
F. Gardrier, of TT~rg~nia,
to take rank September 11, 1861.
A. J. Waddy, of Virginia, t o take rank September 11, 1861.
inan Bririi, of Yirginia, to take rank 8epteml)er 24, 1861.
1,. Porter, of Tenncssec, to take rank September 26, 1861.
L. 2). \T,:lker, of South Carolina, to take rank September 26, 1861.
Waihington I,. Iiiddick, of Tirginia, to take rank September 2, 1861.
L. I?. Page, of Xihsissippi, to take rank October 8, 1861.
A. I,. I:\ ans, of Suuth Carolina, to take rank October 9, 1861.
I?. 11. Finney, of Viiginia, to take rank October 11, 1861.
IIcnry E. Young, of South Carolina, to take rank October 1-1, 1861.
G u ~ t a ~ Au .s Ilenry, jr., of Temebsee, to take rank October 15, 1861.
T:S. Nclntosh, of Georgia, to take rank October 19, 1861.
Giles B. Cookc, of Virginia, to take lank October 29, 1861.
F. 1. Rol)crtsoii, of Louisiann, to take rank October 29, 1861.
George \V. TVartl, of \%-ginin, to take rank September 2, 1861.
Robeit S . \Vilton, of Tirginia, to take rank Soieinber 2, 1861.
T I\- Wickhffe, ol ICentnckj, to take rank So\ember 4, 1861.
(:corgc A Ilrrcer, oi Georgia, to take rank November I G , 1861.
IIenry &I.JThiIing, c ~ Ilabania,
f
to take rank November 16, 18G1.
George C. Hodpc, o f Kentuckj , to take rank Sovenibcr 16, 1861.

R~CEIWOXD,
PA.,December 2, 2861.
(o)qdc,nte ,Vrt/rs.
I nominatt. t h c officcri o n the accoruipaiij iiig list to the rank affixed to their names,
reLpecti\ elj , aprecahly to thc recomniendation of thc Secretary of War.
J EFPERSON DAVIS.
of

flip

Aids-r!r-camp,

7r

ifh , a d qf&t

lierrfetrwct.

I h n c i s s. Bloom, of Georgia, to t&c rank September 5, 1861.

H. 31. R. Fogp, of Tennessee, to take rank September 9, 1861.
I). Foriiey Mither~,of Alabama, to take rank Septembcr 2, 1861.
H I. Thornton, of Kentucky, to take rank 8epteniber 6, 1561.
lv. 11. 3IcCardle, of Xiasissippi, to take rank Septemhcr 9, 1861.
Williani S o r n ood,
, to take rank September 11, 1861.
takc rank September 11, 18G1.
t&e rank September 9, 1861.
to take rank Scptcinher 11, 1861.
to take rank September 28, 1861.
ke raril; September 11, 1861.
J$in IT.Grahani, of Korth Carolina, to take rank September 13, 1861.
( r . C. Bronn, of Virginia, to take rank September 2, 1861.
Thoinas [P.]Ochiltree, of Tcxa., to take rnnk July 9, 1861.
IZobert Elliott, of Georgia, to take rank September 23, 1861.
Frank K. SIcSairy, of Tennessee, to take rank September 26, 1861.
( k o i g e \Pest, of Sorth Caioiina, to take rank September 30, 1861.
Joqeph Loreli, of ___ , to take rank September 28, 1861
J. H. Iiorrison, of Virginia, to take rank October 4, 1861.
J. Edn ard Drarton, of Sooth Carolina, to take rank October 4, 1861.
Charles P.J o h k o n , of Kentuckv, t o take rank October 4, 1861.
William G . Hall, of Maryland, to take rank October 9, 1861.
J. B. Girardey, ok Louisiana, to take rank October 12, 1861.
J o h n IT. Hinsdale, of _ _ , to take rank October 18, 1861.
F. S. Parker, of South Carolina, to take rank October 24, 1861.
V.Sidney Winder, of IVlaryland. to take rank October 29, 1861.
E. C. Sulimne, of Xlssissippi, to take rank October 29, 1861.

16

JOURNAL OF THE

[Dee. 2,1861.

William w.Jqhnson, of Arkansas, to take rank October 29, 1861.

John Preston, ~ r . of
, South Carolina, t o take rank 0C:tober 29, 1861.
A. J. Toutant, of Louisiana, to take rank October 29, 1861.

Thomas Hawkins, of Kentucky, to take rank October 3% 1861.

Richard G . Byrd, of Virginia, to take rank October 31, 1861.
Thomas J. Noble, of South Cerolina, to take rank November 2, 1861.
A. R. Chisolm, of South Carolina, to take rank November 6, 1861.
George Jenkins, of Virginia, to take rank November 7, 1861.
Calhoun Haile, of Mississippi, to take rank November 9, 1861.
Joseph Heyward, of South Carolina, to take rank November 16, 1561.
W. W. Porter, of Kentucky, to take rank November 18, 1861.
E;. C. Anderson, of Georgia, to take rank November 16,1861.
J. T.V. Mallet, of Alabama, to take rank November 16, 1861.
A. S. Pendletoii, of Virginia, to take rank November 16, 1861.
W. H. Rogbrs, of South Carolina, to takerank November 16, 1861.
Horace Randal, of Texas, to take rank November 16, 1861.
James G. Martin, of Tennessee, to take rank November 16, 1861.
S. N. Dale, of Virginia, to take rank November 16, 1861.
Joseph F. Belton, of Florida, to take rank November 16, 1861.

RICRMOND,
VA., December 2, 1861,

To the Congress of the Con.federate Stales:

I nominate the officers on the accompanying list to the rank affixed to their nsihes,
respectively, agreeably to the recommendation of the Secretary of War.
JEFFERSON DAVIS.
Adjjutants, with the rank of first lieutenants.

Woodbur Wheeler, of North Carolina, to take rank September %, 1861.

T. G. Barier, of South Carolina, to take rank September 2, 1861.
James H. Lawrence, of Georgia, to take rank September 2, 1861.
V. &. Johnson, of Tennessee, to take rank September 19, 1861.
John Reily, of Texas, to take rank September 23, 1861.
James M. Davis, of South Carolina, t o take rank September 23, 1861.
Graham Davee, of North Carolina, to take rank September 23, 1861.
J. M. Poteat, of North Carolina, t o take rank September 23, 1861.
William M. Bruce, of Arkansas, to take rank September 26, 1861.
Peter Fox, of Louisiana, to take rank September 28, 1861.
Thomas Yhelaii, of Georgia, to take rank September 28, 1861.
A. R. Harper, of Georgia, to tdke rank October 2, 1861.
Philip Cook, of Georgia, to take rank October 2, 1861.
William J. Ready, of South Carolina, t o take rank October 2, 1861.
James W. Pegram, of Virginia, to take rank October 2, 1861.
Robert W. Eubank, of Virginia, to take rank October 2, 1861.
Charles Sanders, of Georgia, to take rank October 2, 1861.
R. H. Bassett, of Texas, to take rank October 2, 1861.
Joseph P. Minetree, of Virginia, to take rank October 4, 1861.
W. A. Brockenbrough, of Virginia, to take rank October 4, 1861.
J o h n 13. Willer, of Kentucky, to take rank October 4, 1861.
J. B. Muse, of Tennessee, to take rank October 7, 1861.
Lock Weems, of Alabania, to take rank October 7, 1861.
C. Flowerree, of Virginia, to take rank October 7, 1861.
Philip Cook, of Georgia, to take rank October 2, 1861.
Hugh Iterr, of Virginia, to take rank October 7 , 1861.
William Thomas Black, of Georgia, to take rank October 7, 1861.
William H. Talley, of South Carolina, to take rank October 8, 1861.
Charles C. Wight, of Virginia, to take rank October 9, 1861.
32. L. Williams, of Virginia, to take rank October 10, 1861.
Joseph D. Sayers, of Texas, to take rank October 11, 1861.
C!ifton Walker, of Alabama, to take rank October 12, 1861.
Joseph B. Cherry, of North Carolina, to take rank Scptcmbcr 11, 186i.
E. 0. Greenlaw, of Virginia, to take rank October 12, 1861.
John c. Fiser, of Mississippi, to take rank October 12, 1861.
John Shane, of Tennessee, to take rank October 14, 1861.
John R. Blocker, of Virginia, to take rank October 14, 1861.
John F.Neff, of Virginia, to take rank October 14, 1861.
(3. Paxto11, of Mississippi, to take rank October 15, 1861.

w.

Dee. 2,1861.1

PROVISIONAL CONGRESS.

W. C. P. Carrington, of Missouri, to take rank October 18, 1861.

W. 1. Sthreshley, of Louisiana, t o take rank October 18, 1861.
E. IF'. Hoyle, of Georgia, to take rank October 18, 1861.
Rufus E. Lester, of Georgia, to take rank September 21, 1861.
D. A. NcRae, of North Carolina, t o take rank October 18, 1861.
Robertson Taylor, of Virginia, to take rank October 18, 1861.
William E. Watson, of Tennessee, to take rank October 18, 1861.
D. R. Gurley, of Texas, to take rank October 18, 1861.
A. 0. Bacon, of Georgia, to take rank October 19, 1861.
IIenry C. Wood, of Alabama, to take rank October 21, 1861.
J. L. Henry, of North Carolina, t o take rank October 23, 1861.
JSdmund Atkinson, of Georgia, to take rank October 22, 1861.
William E. Mercer, of Arkamas, to take rank October 22, 1861.
0. 0. Cobb, of Louisiana, to take rank October 22, 1861.
J. J. Evans, of Louisiana, to take rank October 22, 1861.
W.X. P. Otey, of Virginia, to take rank October 12, 1861.
Robert Richardson, of Louisiana, to take rank October 22, 1861.
E. C. Barthelemy, of Louisiana, to take rank October 22, 1861.
Waller K. Martin, of Virginia, to take rank October 28, 1861.
James Bumgardner, of Virginia, to take rank October 29, 1861.
W.A. Cumminp, of North CaroIina, to take rank October 29, 1861.
Jasper A. Smith, of Tennessee, to take rank October 29, 1861.
John Allan, of Virginia, to take rank October 29, 1861.
James S. Vann, of Arkansas, to take rank October 7, 1861.
E. C. lines, of North Carolina, to take rank Xorember 5, 1861.
Beall Hempstead, of Arkanpas, to take rank Fo\ember 5, 1861.
Robert W.Huntrr, of Virginia, t o take rank Soreniber 5, 1861.
R. E. Graves, of Kentucky, tn take rank Xorember 5, 1861.
Richard B. Conncr., of Nississippi, to take rank Kovcniber 5, 1861.
Ferdinand Siebert, of Texai., t? take rank October 4, 1861.
Thomas I1 Dickcon, of Iliqsissippi, to take rank October 23, 1861.
Killiani 11. Sellers, of Tc-rai, to take rank Kovrinber 8, 1861.
G A. Cary, of Virginia, to take rank Koreinber 8, 1861.
Thomas C. Howard, of Texaq, to take rank October 9, 1861.
F. Stith, of Tennessee, to take rank Koveniher 16, 1861.
Jamec: Gardner, of Georgia, to take rank Kovember 6, 1861.
Charles S. Kest, of Texas, to take rank Xovember 14, 1861.
E. Taliaferro, of Virginia, to take rank September 2, 1861.
W.T. Stricklin, of Mississippi, to take rank October 16, 1861.
R. T. Daniel, of Kentucky, to take rank November 16, 1861.
Elias F. Travis, of Alabama, to take rank Koxmber 1, 1861.
Samuel J. Garland, of Virginia, t o take rank Korember 16, 1861.
Guilford Kiciiolson, of North Carolina, to take rank horember 16, 1861.
W.Al. lnge, ot Mississippi, to take rank Xoiember 16, 1861.
E. M. Crutchfield, of Virginia, to take rank Kovember 16, 1861.
J o h n C. Rutherford, of Georgia, t o take rank November 16, 1861.
K. T. ilfiller, of Virginia, to take rank November 16, 1861.
L. Pinckard, of Alabama, to take rank Xovember 16, 1861.
Thoinas J. Pennybacker, of Viroinia, t o take rank Sovember 16, 1861.
John C. Pegram, of North C a r o h a , to take rank Xovember 16, 1861.
John D. Hyman, of Sorth Carolina, to take rank Fovember 16, 1861.
T. Henderson Smith, of Virginia, to tahe rank Koveniber 18, 1861.
D. S. Doneltion, of Trrinebsee, to take rank Norember 18, 1861.
J . T. Toch, of Viiginia, to take lank Koiember 19, 1861.
Alexander C. Haskell, of South Carolina, to take rank November 20, 1861.
Walter Weir, of Virginia, to take rank November 21, 1861.
J o h n C. Smith, of alabama, to take rank November 21, 1861.
James C. Calhoun, of South Carolina, to take rank November 22, 1861.
A. S. Scott, of Virginia, to take rank Kovember 23, 1861.
Roger Barton, of Mississippi, t o take rank Rovemher 24, 1861.
James P. Perkins, of Georgia, to take rank Norember 25, 1861.
Walter Clark, of Louisiana, to take rank November 26, 1861.
J. A. Girardeau, of Georgia, to take rank November 27, 1861.
Dunstan E. Bankc, of Geoigia, to take rank Kovember 28, 1861.
Albert G. Smith, of Virginia, to take rank November 28, 1861.
A. F. Grayson, of Virginia, to take rank November 28, 1861.

518

JOURNAL OF THE

[Dec. 3,1861.

Mr. Rhett moved to lay the communications ?n the table, in order

to enable him to offer the following resolution, VIZ:
ResoZved, That it be referred to the Committee on t h e Jndiciary to report to the
Congress whether t h e original appointments made by t h e President of t h e Confederate States ought not to be acted upon first by this Congress unless the same shall
be withdrawn by the President at his request and t h e consent of Congress.

The motion prevailed.

And the resolution was taken up and agreed to.
Mr. Miles, from the Committee on Military Affairs, to whoin mas
referred the communication of the President of November 31,containing nominations referred t o the committee, reportcd the same back
and recommended that Congress advise and consent to thc same.
O n motion, the report was laid on the table for the present.
Congress then resumed legislative session.

TWELFTH DAY-TUESDAY,

DECENBER3. 1861.

OPZN SESSION.

Congress met pursuant to adjournment, and w a s opened with pmycr

by the Rev. Dr. Hoge.
Congress then resolved itself into secret session.
SECRET SESSION.

Congress being in secret session,

Mr. Bocoek, bjr unaninious consent, introduced R resolution; which
was read and unanimously adopted, as follows, to wit:
A resolution of thtmks to Major-Geiicral Sterling Price and to thc officersarid aoldiers iiiider his command for gallant arid mcritorious conduct in the present war.

Be it resolved by the Congress of the Confederate 8utes of America, That t h e thanks of

the people of the Confederate States are eminently due, and are hereby tencicred, to
Major-General Sterling Price, and the Missouri army wider his coiiiinand, for the
gallant conduct they have displzyed tlirouglioat their wrvice in the present war,
and especially for t h e skill, fortituck, and courage by which ihry gained t h e brilliant
achievement at Lexington, Missouri, resulting, o n the 1,n entieth day of September
last, i n the reduction of that town and the surreiider of the entire Federal army
there employed.
Be itfwther resolvrd, That a copy a f this resolution be cominnnicatecl by the Iresident to General Price, and, through him, to the army then under hii conlmantl.

Congress then procecded to tlic consideration of the nnfiriishcd business of yesterday, which was the motion of Mr. Avery to reconsidcr
the vote by which the Congress ordered to be engrossed f o r a third
readinv
A bill to aniencl an act to increase the military estrtblishinent of the
Confedcrate States, and to amend an act, for the cstahlishrnent and
organization of the Army of the Confederata States, approved May 16,
1861.
And the vote having becn taken thereon, the motion to reconsider
was not a reed to.
The bil received its third reading, and the vote being talte11 on the
passage of the same. the bill was lost.
On motion of Mr. Bocock, Congress then resolved itself into cxecutivc sessiona; and having spent some time therein, again resolved itself
into legislative session.

- .__

-_I__

nThe Journal of this executive session has not heen foiind

Dee 3, 1861.1

PROVISIO;?TAL CONGRESS.

519

A message was received from the President, by the hands of his

Private Sccrc~tary,Mr. J o s s e l p .
The hour of 1 oclocli having arrii-cd, Congress proceeded to the
consideration of the special order of the day; xhich xws the consideration of
A bill to encourage the enlistment of yolunteers for the war;
When,
3fr. Milcs moved t o ainencl th e same by striking out the words and
tranrportation home a n d hack, tLftr thc word dollars, a n d inserting the same a f t e r the word days.
Mr. Sparrow moved to reconsider thc rote by which the amendment
of Mr. Hemphill vas adopted.
Mr. ?,lcltae, from the Committee on Kngrossment, reported as correctiy engrossed a i d enrolled
A resolution of thanks to Naj. Gen. Yterlingfrice and to the officcrs
and soldiers: under his conirnand f o r gallant arid meritorious condurt
during the present war.
Mr. Stephens moved to p o d p n e for the present the further consideration of the bill, f o r the purpose of introducing a bill relating to
furloughs and discharges in certain cases.
The motion was agreed to, and the bill haTing received its first and
second readings,
MY.Miles moved to commit thr Snnie to t h e Committee on 3lilitxry
Affaii*s.
Mi,. Skplieiis demanded the question; n-hich T T R ~seconded, when
XI-.
Kenner, at thc instantc of the State of Louisiana, demanded that
the ycas and nays of the Thole bod? he recorded thereon; which are
as follow^, to wit:
Alabaiiia-Yea: Sle>sr$. Walker, Hale, and McKac. Say: Xcssrs.
, Cliilton, Bohinsori, arid Jones.
Arkansas-Yen:
Nr. ,Johnson. ;Sag: Messrs. Ruit, Thomason, Garland, and Jlatliins.
Florida-Yea: 3Ir. iltrd. Say: Jlr. Owens.
Georgia-Say : ?tIessrs. Crawford, Hill, Kenan, and Stephens.
Louisiana-Yea: Nessrs. Perkins, Ue Clouet, Xennei-, and Sprrow.
Mirsi\sippi--Yea:
Mr. Harri3on. Say: Ales5rs. Harris, Brooke,
Orr, and Camphell.
hlissouri S a y : Mcssrs. Bell, Conrox-, and Vest.
North Carolina-Yea: Xr. Aver-. Xay : Messrs. Smith, XcDowell,
Venable, Morehead. and Davidson.
South Carolina-Yea: Mesbrs. Ncmntinger and Niles. Xay : Mr.
Boyce.
Pennessec-Yea: Messrr. EIouhe and Thomas. Nap: hlessrs. JOIWS,
Da Witt, and Carutheru.
Texas-Yea: M e s m . Reagan and Ochiitree. Sag: Mr. Hemphill.
Virginia-Yea: Messrs. Sedclon, Brockenbrough , and Staples. Nay :
Messrb. William 13. Preston, Xacfarland, Bocock, Rires, and JYalter
Prestoii.
Those States Toting in the affirmatiJ-e are,
Louisiana, South Carolina, and Texas, 3.
Those in the negative are,
AlabamtL, Arli-ansas, Georgia, ;1Iississippi, Missouri, Xorth Carolina,
Tennessee, and Virginia, 8.
The State of Florida being divided.

JOURNAL O F THE

[ D ~ c 4. , 1861.

So the motion was not agreed to.

lfr. Conrad moved to amend the bill b3r inserting after the word
certificate the following words, to wit:
of the Confederate States surgeon that such fqrlough is necessary to the restoration of
his health, and any such soldier shall be entitled to a discharge on the certificate of
such surgeon that he is permanently disabled.

Mr. Stephens called the question; which was seconded, and Mr.
Harrison, at the instance of the State of Mississippi, demanded that
the yeas and nays of the whole body be rccorded thereon; which are
as follows, to wit:
Alabama-Yea:
Messrs. Walker, Hdc, McRac, and Robinson.
Nay: Messrs. Curry, Chilton, arid Jones.
Arkansas-Yea:
Messrs. Johnson and Watkins. Say: Messrs.
Rust, Thomason, and Garland.
Florida-Yea: Mr. b7ard. Nay: Mr..Owens.
Georgia-Yea:
Mr. Foreman. Nay: Messrs. Crawford, Ilill,
Kenan, and Stephens.
Louisiana-Y ea: Messrs. Yerkins, De Clouet, Conrad, Kenner, and
Sparrow.
Mississippi-Yea: Messrs. Brookc and Harrison. Nay: Messrs.
Harris, Orr, and Canipbell.
Missouri-Nay : Messrs. Bell, Vest, and Conrow.
North Carolina-Yea: Mr. Tenable. Nay: ;Ilwsrs. Rvery, Smith,
McDowell, Morehead, and Davidson.
South Carolina-Y ca: Mcssrs. Miles and Boycc.
Tennessee-Yea:
Mr. IIouse. Nay: Afcssrs.
De Witt,
Thomas, Cnrrin, and Caruthers.
Texas-Yea: Illessrs. Reagan and Ochiltree. Naj-: $11..Hemphill.
Virginia-Yea: Messrs. Seddon, Macfwland, and Brockenbrough.
Nay: Mcssrs. Willium B. Prcston, Bococ11, Staples, and Walter
Preston.
Those States voting in the affirmative are,
Alabama, Louiskina, South Carolina, and Texas, 4.
Those in the negative are,
Arlransas, Georgia, iliississippi, Missouri, North Carolina, Tennessee and Virginia, 7.
$he State of Florida being divided
So the aniendinent was not agreed to.
The bill was engrossed and road a third tirnc, and Mr. Stephens
called the question, which was on the passage of thc bill; arid the call
being seconded, the vote was taken, and the bill was passed.
On motion of Mr. Brooke,
Congress then adjourned until 12 111. to-morrow.
THIKTEENTH DAY--WEDNRSDAY, DECEMBER
4,1861.
OIEK SESSIO?r.

Congress met pursuant to adjournment, and mas opened with prayer

by the Rev. Dr. I-Iogc.
Congress then resolved itself into secret session.

Dee 4, 1861.1

PROTISIONA L CONGRESS.

521

S E C R E T SXSSIOS.

Congres.; heing in secret wsiion.

Resumed the coniidcration of the nnfinishd l>uiiuess of yesterday;
which was the consideration of thc iitotion of Mr. Sparrow to reconsider the \rote by which the xniendiiicnt of Mr. HcIiipliill lo the first
section of a bill to encourage the ciili~tmcntof yolunteers was adopted.
A message wa.; receix-r~clfrom t l i ~President, by the hand. of his
Private Secretary, Xr. J o s s e l p :
lYYE DEl'ART\lE\T,
rli~iotdL
, )ic/ribur

6, 2861.

i W . President: The President on peqtprctay approvcd arid c i y r ~ t ~ ~ l

il resolution for the relief of the ~ , ~ l l l ~ b ~ rGuar(lG
t U I l
(C'o~lipan~
I), Ceronci Ilegi-

ment Torth Carolina Tolunteer.) ; albo

A resoltition of thanks to X i j . (ieri. Gteriiug Price and to the officers and midier
under hi$ command for g a k n t arid mejltorioub condutl in the present war.
ROBERT JOSSELY S,
Private Secretary.

Mr. McRae, from the Committee on Engrossment, reported RS correctly engrossed arid erirolled
An act regulating. furloughs and discharge- ill certain cases.
Mi.. William Ballttrd Preston iiiored to rrcoiiimit the bill to tlie
Committee on Illilitary Affairs.
Mr. Rhett called the question; which rras seconded, :md 3Lr. Anx,x-?
a t the instance of the State of Sorlli Carolina, dCmZt71ded that the yea*
and nays of the n-hole bodj- be recorded thereon: vliich arc as follom,
t o wit:
Alabama--'l'ea: Xr. Curry. S a y : SIe-srs. Jl'alkcr, Smith, Chilton. Hale, Mcliae, Rohin>on, and Jones.
Arkansai-Yea: ?vf r. Thomaion. Saj-: Mr. Johnson.
Florida-Yea: Xcssrs. \17ard and On ens.
Georgia-Yea:
N e s w . Cravforcl, Hill, and Kenmi. Say: Mr.
Foreman.
Loui4ana-Yea: Messrs. Perkiiic and C'onmcl. Say: Messrs. De
Clouet and Kenncr.
Missisippi--Say : Xessrs. Brooke, Orr, Harrison, and Caniphell.
Missouri-Yea: Nr. Conrom. Say: Xr. TTest.
Korth Carolina-Xay : Xessrs. Arerr, Smith, McDowell, Vcnable.
Morehead, and Davidson.
South Carolina-Yea: Jlr. Koj-ce. Say: Jlessrs. Xhett and Mile*.
Tennessee-Yea: M e w s . TIC Q'itt, Currin, and Caruthers. Say:
Messrs. H O U ~Atkin\,
C,
and Jones.
Texas-Yea: 3ir. Beugan. Sa.;: Jlessrs. Heniphill and Ochiltree.
Virginia-Yea: Jlessrs. JTilliam B. Preston, Bocock, Boteler, Staples, and Tl'alter Preston. 3 a y : Messrs. Seddon, Rfacfarland, Rives,
Brockenhrough, Russell, and Johnston.
Thohe States roting in the affirmative are,
Floridn and Georgia, 2.
Those in the negative are,
Alabama. Mississippi, Missouri. Sorth Carolina, South Carolina,
Texas, and Virginia, 7.
The States of Arkansas, Louisiana, and Tennessee being divided.
So tlie motion was not agreed to.

522

JOUBNAL O F THE

IDec. 5, 1861.

The uestion then recurring upon the motion of Mr. Sparrow to

reconsi er the vote by which the anirndmcnt of 3r. Ileiiipllill was
adopted, the vote was taken, and the notion to reconsider prevailed.
Mr. Hcmphill then moved to amend by inserting after the n7ord
days the following words, to wit: and transportation home and

back.
The amendment ma5 agreed to.
Mr. Miles mowd t o amend by inserting after the word times the
words in such numbers.
The amendrnmt was agreed to.
Mr. Jones moved to arncnd by inserting aftcr the worcl f o r the
following words, t o wit: t h e ye:trs, u r for.
The amendment was agreed to.
MP.Hill moved to miend by substituting in l k u of the fimt section
thc following, to wit:
Be i t Enacted 2x1 ilia Congress of tlie ConjWeraie ,5intec, That transportation home and
back shall be granted to a11 troops iiom cnlisted 111 the service of tlie Confedernte
States for twelve nioiitlis, wlio shall prior to tlic expiration of their terms of service
reenlist for the I{ ar; and that iorlouglis riot exceeding sixti7 days hhall be granted to
troops so reenlisting a t such timw as, i n tl:c judgment of t h e Secretary of \Var, may
best coniport with the exigenrirs ol tila publir wrvice.

Mr. Conrad, by genewl consent, iiiovcd that the Chair appoint two
members t o the Naval Committee in the places of Messrs. ltiiffiri and
Oldham, now absent.
The motion T V ~ Sagreed to; :uid
On iiiotion of Mr. lerkins,
Congres.; acijouriied until 13 oclocI; in. to-morrow.

OPES SESSIOS.

Congress met pursuant to :idjoiu.nnicnt. :trid \va\h opened wilh prayer

by tho Rcv. Dr. Hoge.
M y . Orr moonnced the presenco of Alcxmdei 13. IZiudford, a. I k l e gate-elcct from tho State of Mississippi, wlio cauie forward, pr
his credentGtls, W:LS duly qii::Llificd, :iitd took his seat.
Congrcss thcn rcsolvcd itself into sccrct session.
SI.:CKlST SESSIOS.

Congress being in becrct scssion,

I he C h i r presented a comrnunication from the Presidant; n hie11
was read and referred to the Cotmiittee on Milihry Affairs, m d i.
as follows, to wit:
r >

I<xccv.rirr: ~ I I : I ~ \ I ~ I \ I E ~ I ,
lZiclinio?id, Dccenalw 3, 1861.

To the President of

t h r Oonp*css.

Silt: In ~csponscto tlic Icwlutioii of the Coiigreis of the 28th Souemher ultimo,
inquiting I \\ hctlicr a n y i e z t r ~ v t ~ ~(mid
i i \ if so, niiat) hale been placed upon vessels
leaving the poitx ot tlic Coiiledriatc, htatei other than t h o v ~mposedby law, and i f
aiiy such tiam been iinposcd, b y VI. hat authority, I licrenith transmit copies of letters forwarded by t h c War I)cp.Lrtmei1t, rl~nrI\etiA, B, C, and n, which will show
all tho action talrcw on tli? mbjcct of inquil y, arid that no restiictions have beein
iuiposctl other tll:iii those iilvidciit l o rz stntc oi I L ~ I ant1
,
\\hich the public defense,
I t was believed, not only justiiied, b u t ilcrnanded. I t \\ill be 11oted that the

Dee. 5,18F1.]

523

PROVISIONAL CONGRESS.

instructions mere given to :tn o a c e r c*ommandingthe defensixreline of a port tlireatcned by the enemys fleet, and related to articles usually rccoqnizcd as thc contmband of war.
JEFFIXUON DAVIS.

T h e Chair also presented a cominunication from the Sccrctary of

War in reply to a, rcyolution of iiiqEiry from the Congi
expediency of further regulations 2 i . j to the arresk : L i d p
soldiers; which was read and, 011 niotion, T ~ L laid
S
o n the table.
T h e Chair also piemited :L coiriniarric;ition frorii tlit: President, transmit ting to Congre.5 th
ic PobtmlLstcr-C;cneral; which was
r e f e i w d t o the C h i m i
Congress then reso
spent sonic time therein, again rc,~ol
Congress then proccedctl to the consideration of the unfiitishcd husiness of yesterday ; which was thc consideration of the substitute oiycred
b j r Mr. Hi11 f o r the first section of a bill to encourage the enlirtinent
of volunteers for the WW.
31.11..
Chilton, by unmiiiious cullbeti t, presented t h e memorial of certain revenue officors; TI hich na-, referred to the Comniittcc on Naval
Affairs, without being read.
Also, a memorial iii regaid to the fees of thc clerks of the district
courts; which was referred to tlic Committee on the Jndiciarr, with
out being read.
Albo, tl bill t o diipcnw with tlic oilice of yu:irtcrinastcr of the
A h 1 iric Corps; whicli I\:\\ rend fii
and seconci times aiid rcferred to
thc Conimittcc 011 XXTa1 zlfY:iir~.
Nr. P;lard p n x x t c d the incmorial of A. I3. Xoyes; which was
referred to the Conimittce oil ( h i i i i e r c c , without being read.
Mr. Kill, bv general consent, TY:~.; nllowcd t o withdraw his amendment to a hill to encourRpc t h e cnlistnnent of volnntwrs for the war,
i n order to introduce a substitute for the same; which is ac: follows,
t o wit:
PECTIOY1. & i t mnctecl l y tlic Congr(s9 of the Ponfedernte States, That the pay of
pri\ateq, now i n the s e n ice of t h e Confedriate Stateq, enlisted for the war, shall be
fifteen dollars a month, l o he
ti a t that rate from the first day of January
shall hcrcaftcr enlict for the ai, including
n e l t , a n d that the pay of p i i \
all w h o ale now enlisted, for
e than the war, a i d who shall ieenlist for
t h e liar, shall be the like suin of filtcen dollav a nionth, to be computed from the
date of such enlistment for the 11 11 , and all troops n o x ~enli~tcdfor a IeGs tiine than
the nar, and n h o shall rcwilist ior the ilar, shall be entitled to furloughs not
exceeding sixty days, n i t h trmipoitation hoine ant1 back, at such times as in thc
juclginent of the Secretaiy of War, iiiay best coinport ~ i t hthe exigencies of the
public sen ice
SEC.2 B e ct
t i w cnacled, That the pay of ofhcers i n tlic inilitary service of the
Confederate Stat(-, above anti Including the grade of second lieutenant, shall be
tnenty-fi\c per tent less than the pay no\\ allowed by law, to be coruputed froin the
firbt day of Januar) next.

Mr. Ycrkins moved to aiiierid a , follows,

~
to wit, by striking out the
words - a bounty of fifty dollars and inserting iii lieu thereof the
words:
The pay of pi i x ate soldicra in tlie Conlederate A r m y ,
months, shall be El!tcen dollats a month

ho ha\ e Qerwcl twelve

MI.. Ve-t uiinouliced tlie presence of Messrs. William 21. Cooke

and T. A\. ~ r e c ~ i i a D
n ,e l c g a t e d e c t from the State of iMissouri,
who
.
appeared. were duly qualified, and took their seats.
On motion of M r. Conrad,
Congress then acljourned until 12 i n . to-morrow.

524

JOURNAL OF THE

[Dee. 5,1861.

EXECUTIVE SESSION.

The Chair presented to the Congress the following conmiunication

from the President, viz:
R r c r r ~ o n r %Ta.7
~ , &rendlei 4, 2861.

To the Conyress of the

Conjedciate Stutes:

In the list sent for confirmation November 28 an error occur3 \Phich requires correction, vix, Stephen F. Hale, nominated lieutenant-colonel Eleventh Alabama Regiment, to take rank July 8, 1861, should be to take rank June 11, 1861.
JEFFERSOX DAVIS.

which mas referred to thc Committee o n Military Affairs.

The Chair also laid before Congress the following conlrriunication
froni the President, viz:
RIcahroxD, \la., necPmher 5, 1561.

To the Congress of the ConJederate Stntes:

I nominate the officers on the accompanying list to t h e rank afixed to their names,
respectively, agreeably to thc retornmendation of the Secretary of War.
JEFFERSON DAVIS.
COXMISSAR> D&PARTMENT.

iMnjors.
Joseph L. L o c h , of Georgia; William IIcnry Smith, of Virginia; R. J. Moses, of
Georgia; A. $1. Lea, of Tennessee; A. M. Woodruff, of Arkansas; Thomas Peters, of
Tennessee; Andrew J. Vaughn, of illarylaiid; Theodore Johnson, of hrlransas; Frank
G. Rnffin, of Virginia; J. H. Claiborne, of Virginia; John C. McDonald, of Jirginii;
W. S. Munday, of Tennessee; A. I Johnston, of Virginia; Rir1iard T. 13ro\vnrigg, of
Texas; George W. T. Kearsley, of -; F. It. Shackelford, of Virginia; J. J. \Valker, of Alabama; John L. Brown, of Tennewec; Charles 11. Smith, oi Virginia; 1. T.
G k y , of Tennessee; John 13. Chichestrr, of Alabama; Samuel T. Sawyer, of Xortii
Carolina; A . Davis, of Louisiana; B. 11. Grcm, of Virginia; S B. French, of Virginia; \V. \V. Morrison, of North Carolina; Sainnol E. Rarbec, of Tenncs
Fain, of Tennessec; C;. 31. Ilillper, of -;
\\r. C. \liiigfi(~ltl,of Louisi
\\ilson, of -; Henry L. Lyons, of Kentncky; Ilabncy Ball, of Virginia; \V.
IIaynes, of Mississippi; Richard Ilawcs, of Kentucky; Robert W. K e y w o r t h , of
xm; Joseph Kennedy, of South Carolina; S. A . Jones, of AliGsieeippi; I? ill.
Jones,
of Louisiana; Walter Joncs, of A1abam:r; \Tr. I,. J,anier, of Kentucky; T. R. .Tacdr?on, of Tennessee; William 11. Stc\\art, of Tcaas; John J . Murphy, of Tenneesee;
William J. Hawks, of Virginisk; Williani F. Ayer, of South Carolina; Ed. McNahon,
of Virginia; N. R. Pearce, of Kentucky.

Cqltains.
ins, of Aikaiiqas; Cicoige 11. Shorter, of Alabama; J. 11. F. Mayo, of
r Campbcll, of Yirginin; J o h n S. Kennedy, or Alabama; Arthur C.
ma; Itcnjaniin Wyinaii, o f Alabama; J o h n 1. Colt~Inan,of Alabama;
Arlransas; Selcvin U . AIalone, of Mississippi; Browdie 6. Crwnp, of
YC It. Kirkland, of Mississippi; A. nfilton Hawken, of Mississippi; D.
1. ILIcAlluiu, of Mississippi; T. B. Iiiclrctt, of Mipsirsippi; Thomas L. n l a x ~ e l l ,of
Louisiana; 11.C. Cunningham, of Georgia; 11. S. Hughes, of Gcorgia; J. B. DTorgan, of
Georgia; 11. R. T. Montgoniery, of Georgia; TV. T. Wilson, of Georgia; Elias Yulee,
of Florida; John A . Settle, of Texas; Thomas G . Brook, of Tenne>~er;Samuel h1.
MvConnrll, of (;cwrgia; Wi1Ii:iin 31. Strickland, of Missisrippi; \Ir. 11. T ~ I O I I Jof
~ SVir,
ginia; M. h1. Copeland, of Virginia; T. J. IClforti, of South Carolina; James W. Wade,
of Mississippi; F. G. Ragland, of Mississippi; \Tilliam 11. Vasser, of Mississippi;
Ferdinand Molloy, of Mi.ssimippi; J o h n E. Haeon, of South Carolina; George E.
Dennis, of Virgirih; Alexander C. Jones, of Tiiginia; V. 1Ioward Claiborne, of Virginia; I.lerlwt A: Claiborne, of Virginia; S. B. French, ot Virginia; George W. T.
gearsky, of Virginia; A. M.Smith, of Virginia; Thomas S. Barton, of ___ ; Leigh
Watkins, of Louisiana; I. G. Wilson, of Arkansas; John IIockenliull, of Georgia;
Richard F. Robertson, of Alabama; Thomas 11 Francis, of Alabama; Isaac M. Partridge, of Mississippi; 12. A . Reid, of Georgia; II. C. Guerin, of -.
, W. P. Stone,
of Arlcansas; Soloinon Stephen?, of Alabama; S. C. Elliott, of Virginia; H. E. C,

Dec. 5 , 1861 ]

PROVISIONAL CONGRESS.

525

Baskerville, of Virginia; John 11. Mangham, of Georgia; George C. Iiorton, of Georgia;

1.iL1. Urane, of horth Carolina; J a m s JJ. Johnston, of North Carolina; James B.
Chrisindn, ot Miqiiwippi; J o h n F . Heath, of Georgia; George B. Robertson, of -.
J o h n G. Edwards, of houth Carolina; J o h n P. Baldwin, of Florida; W.C. King, oi
Korth C a r o k a ; Jamcs 31. XIorphii;, of Texas; I?. W . Henderson, of -;
U. S.
IIcKinncy, of Virginia; Robert Yaughan, of Virginia; Fred. E. Bridge, of Louisiana;
Williaiii E. Sinead, of Tenne~see;James 1. Pawley, of South Carolina; R. 0. Barrett,
of Georgia; J a m s 31. Quinlan, of IIitsouri; 1. ill. Lunipkin, of Georgia; Thomas
E. Ballard, of Tirginia; P. A. Icdiles, of Misskippi; Charles 1%Rogers, of Georgia;
Cue, of l i i g i ~ i i ~T.~ ; \To1 tenbdher, of Virginia, Hugh Brenster, of
be It. Wihlc, 01 Geul , James TV. IIaclett, of Kortli Carolina; ilf. A.
Moore, of bouth Carolina; Swntkrs Glover, of South Carolina; Thomas Rector, of
Aikaiisa-; Johii 11. \Tajtt, of PTorth Carolilia; James Field, of Virginia, James Verney, of Alabama; Williain Bherwood, of Virginia; W. 11. Alexander, of Korth Carolina; John A . Williaiiis, of Korth Carolina; George Whitman, of Louisiana; A. E.
Wilson, of Virginia; I.ueins IIilliard, of il-orth Carolina; Richard C. Wintersmith, of
Kentucky; I?. 1. Soluiid, of Virginia; G. W.Wightman, of Korth Carolina; L. F.
Lueads, of Virginia; John E. Patterson, of Virginia; Charles Byrne, of Virginia; Ed.
W. Rayly, of Jirginia; C. \V. Countz, of Virginia; n1. N.I\lc?;eill, of horth Carolina;
A. A. Hughes, of Alabama; 77. IT. 1. Blinge, of Louisiana; W. S. Pemberton, of
Arkansas; J . 8. Wooster, of Louisiana; G. W.Buckner, of Louisiana; George .I: Stubinper, of Louisiana; D. F. Izoj d, of Louisiana; Janies G. Richardson, of Louisiana;
J. &I.Israel, of Korth Carolina; W.R. D. Moss, of Georgia; Jos. 1,. Keith, of Georgia;
Thos J. Bacon, of (korgia; IT. E. Moore, of Arkansas; R FI. Moseley, of Tirginia;
George TI. (hi.(.\ cr, of <;eorgia; I<Glmi?ndJ. Lloyd, of -; Francis Q. Metape, of
Louisiana; John 1,. Strong, of l\Iissisiippi; 11. Shepherd, of Sorth Carolina; W. H.
Houston, of Virginia; D. G . 3fe.a(!e, of -.
, Tliomas Robinson, of -; B. F.
Rust, of Tirginia; Adam Bear, of Virginia; P. B. Moffett, of Virginia; Geoige KinsIcy, 0 1 Virginia; George 11. King, of Georgia; (korge Westant, of Georgia; Daniel T.
C a n ~ a j of
, Korth Carolina; Jolt S. R j a n , of South Carolina; Williain TTaller, of
1-iigiiiia; lQl\\in Sniith, of Iiiginia; 11. C. Grier, of Tennessee, Jaiiies I<. Munehuii, of Tenlie-see; Thoinas 11. Ilartmus, of Tennewee; It. 31. Jarnghan, of Tennessee;
J. S. Ridlei, of Tennessee; Jaiiics C. Davis, of Tennessee; William J. Wood, of TennePve; John t. R u b y , ot Yirgiriia; ltobert U. PorPythe, of Alabama; J. B. Uenson,
of Alabaina; Uinson Ulanc Iixrd, oi Imiiuiana; R. H. Herbert, of Mississippi; Alex. P.
Sperry, of Virginia; Jos C. Sexton, of Yirginia; H. C. Trader, of Korth Carolina;
J. C. Wadily, of Georgia, A. 1. Etlnard5, of South Carolina; Killiatn Weeden, of
Florida; Jaines ill. Harper, of Virginia; A. J . I<ennedy, of Geoigia; Jaines D. We+
cott, of F!oritld; IT. C. George, of L-irgiiiia; J. 11. Muse, of Virginfa; Keenan T.
Terrell, of Georgia; .\Villiani 13. Edmundr, of Virginia; lVilli>iin 11. Slober, of Tennessec; Jackson \Vainer, of
; Albion Nartin, of Virginia; Alfred 13. Smith, of
Georgia; T. X. IIaridj, uf Teniirr-see. Richaid C I u m p , of Yiigniia, J. M. Kilkland,
of South Carulina; 1. 31. I31ov11, of Tilgfpia; George Chamberlain, of Virginia; J. L.
Fare, of Tenne:see; John S. Mayo, of 1Irginia; 1. D. Warlick, of Tcnncmee; J. D.
Rogers, of ;\Iississippi; IT. C. Donnell, of Arkansas; John W.E!oore, of Korth Carolina; 1. R. Shorter, of I\lahaina; G. .l Smiliiiers, of Tennessee; Jaiiies E. Givens,
of Tennessw; George J. litkinson, of Tcnncssec; G . W.Rlenees, of Tennessee; B. L.
Wilkes, of TennLscc; 8. C. Barber, of Tennessee; John D. Allen, of Tenneesee;
Albeit G . Ev inp, of Tennessee; Isaac K . Barnett, of Tennessee; George D. illartin, of
Tennessee; 31. 31. IIenkle, of rennwsec; Thomas OICeefe, of Tennessee; Robert N.
Smith, of Tcniiccwe; Thomas 11. Butler, of Tennessee; 11.J. TValker, of Tennessee; J.
W.Dam son, of Tennessee; Thomas Knos, of Virginia; Harvey Iamniond, of South
Carolina; XIcP. B. Aliller, of Georgia; I<nocli &ILowe, of ; Charles A. McUonald, of Forth Carolina; 13 13. Settle, of Texaq; John n. Hyman, of North Carolina;
Joq C. direy, of Alabama; Robert D. TTalker, of Georgia; Jas. St Gribble, of Tennessee; Robert TTenderwn, ot RIitlQissippi;Abraham Carr, of JIississippi; Ed. A.
Onens, of Jfisiissippi; John C. Carter, oi Alabaina; Bernard 1,. Wolff, of -.
I E.
A . Itahb, of South Carolina; Viinil I, Hopson, of Georgia; J. J. McCoriiack, of
Mississippi; Ihineas Horton, of Korth Carolina; John D. Richardson, of Virginia;
J o h n Af. Orr, of Virginia; Josiah Carter, of Virqinia; R. C. Williams, of Virginia;
Samuel 11. Ileiirv, of Virginia; E. 1. Rove, of Virginia; Robert \Valton, of Georgia;
John H. Dunla\y, of Virginia; Albert McDaniel, of Virginia; Horace W.Jones, of
Virginia; James P. Sawyer, of Sorth Carolina; James TV. Green, of Virginia; Francis
W. Reid, of Georgia; Charles D. Owens, of Georgia; Hardy I3. Willis, of Tennessee;
Abram Loller, of Arkansas; D. A. Kolen, of Louisiana; W.C. Dowd, of North Carolina; Charles Y. Bush, of Mississippi; N. S. Hill, of -; William H. Morrill, of
North Carolina; James H.Willis, ot Georgia; Daniel T. Webster, of Alabama; Solomon Gardner, of Arkansas; R. T. Bennett, of North Carolina; James C. Bryan, of
~

586

.JOURNAL OLi TEE

IDec. 5 , 1861.

salle, of Louibiana; Lewis RdcGuire, of Gcorgia; R. H. Caiinon, of (ieorgia; F, 8.

\.Vilson, of Tennessee; Timothy Rives, of Virginia; Gcorge Iioctor, of Arkansas;
Clinton McCarty, of Kentucky; J. C. IJolland, of Tennessec; Francis Laiiegan, of
Arkansas; E. I?. Turner, of Tennessee.

The communication was laid on the table.

The Chair also laid before Congress the following communication,
ViZ:

Rrcriuosn, Llecembcr 4,1861.

To the Congress of the Confedernle Stcitm:
T h e nominations sent to thc CongrePs a t the last session not having been acted on,
I respectfully request th:tt thcv be rcturned that they rnay be replaced b y fuller arid
more perfect lists, preparcd f i r submission to your action at the present sewion.
JEFFERSON DAVIS.

On motion of Mr. Rhett,

Congress consented to grant the request, and the Secretary of Congress was authorized to return the nominations t o the President.
Mr. Hale, from the Coinmittee on thc Jucliciaq, to mhich mas
referred a resolution of instruction to rcport whether t
appointrnents rriacle by the President ought not to be first
Congress, unless the s;tiiic shall be withclramw by the President a t his
request and the consciit of Coiigrcs~,wportcd that in the opinion of
the oommitttw it is thc ditty of Con ress to act upon nominations sent
in to tlicni by tht: Prcsidcnt, and tmt nominations, after they are so
sent in, cnn not IJC altered 01 niociificct by the Executive until first
withdra.i\.n bjr the Prcsidcnt with tho cmscnt of Congress, and therefore th:it the Congress sh
nct upon the nomiiiations f i r b t sent in to
they shall have been mithdrajr11 as above
tlieni by thc Pi*crideiit,u
indicatcd.
On motion of 311.. Elwtt,
T h e report, wiis h i d OH the table; and
Congress thcii resumed legislalive session.

Dee. G , 1561.1

PROVIRIONAL CONGRESS.

521

FIFTEEKTW I>AL'--FRIDhY, I)ecmars~:n 6, 1861.

O P E S SESSIOX,

Congres.; niet purbuant to adjournment, and was opencd Kith p'zyer

I)r.Hoge.
A h . Vebt nnnounccd thc presence of Thomis A. Harris, a Delegsteelect frc,lii thc htate of Missouri, who came forward, was duly qualified, xnd took his scat.
Congrcsh then resolwd itself in to sccret
hj- the Jim-.

PJX'RET 87".SIOX.

Congrcs.: being in secrct session,

311.. Currin ofPcrcd LZ resolution of thanks to Najor-General Polk,
Bripdier-Gc~neralsPillow and Cheatham, and the ofticerr and soldiers
under tlit.ir voiiiimnd; which was read first and second times, engrossed,
read third tiinc, and passed unanimously.
Mr. Venablr, :it his on n request, was by coninion consent excused
froin serving 011 thc Coiiimittee on Foreign Affairs.
Mr. Vcix~bleoffcrcd the following rrsoliition; which mis read and
agreed to, t o wit:
I i e d , That tlic (oinirii+ioncrs for tiic State of Iicxntuekr accretliteil to the
ional ( T o \ eriiiiient of tlii. Contcderate States lie invited to vats o n this floor.

Air.
to wit:

iritrotliiccd

:L

rcsolution; n liich was read arid agreed to,

Z k s d w d , That John 13. Claik and R.L. Y. Peyton be admitted to seats in this
1 the Statt. oi JIissouri as Dclegat<~s
at large.

thcii proceeded to the couxideration of the unfinished

ycstcrday; hivh was the consideration of thc amendment
of JIr. Pc&nu t o the first section of a. bill to encourage the enlistment
of volunteers for the var.
A iiiessage was rcccived f r o m the President, by tlic hands of his
Prir-atc Secretary, 11/11.. Jossclyn.
Under the rcbolution of X:.. Conrad of Wednesday the Chair appointed thr following members on the Committee on Karal Mfairs, viz:
Messr.;. JIciK:ic of -1hbama and Venable of Xorth Carolina.
hlr. IZlirtt cnlled tho qwstioii, which was upon agreeing to the
amencliiicnt off ercd I y A h . l'crkins.
s called the question; and the call being
secondcd, the quertion was pit, and the miendinelit was not agreed to.
Mr. Killitun Ballard Preston moved to amend by adding the following words to the first section. to wit:
That the pay of prix ate? 80 enlisting and of t1io.e alreadj enlided, or who may
hereafter enlkt for three J ears or the war, shall be fifteen ilollars per month, to commence, in the e a x of thobe alrc-ady enli d for three years or ior the war, at the
expiration of tn elve inorithe from the period of their enli-tnient.

And upon the adoption of the amendment he demanded that the yeas
and nays of the whole body be recorded.
Mr. McRac, from the Committee on Engrossment, reported as correctly engrossed arid enrolled
A resolution of thanks to Major-Generd Polk, Brigadier-Generals
Pillow and Cheatham, and the onicers and soldiers under their command.

528

JOURNAL OF THE

[Dee. 6, 1861.

Mr. Jones of Tennessee moved to amend by striking out the amendlnent of Mr. Preston and substituting in lieix thereof the following
words, to wit:
That the pay of all privates and noncommissioned officers who shall reenlist under
the pro\lisions of this act shall, in addition to the bounty proyided In the first section,
be increased two dollars per month for the first year of thew servlce after said reenlistment and iour dollars per month thereafter.
That the like increase of pay per month shall be given t o the privates and noncommissioned officers who are now in actire service and shall have enlisted for three
years or for the war, and to all privates and noncommissioned officers [who] shall
llereafter enlist and be mustered into the ber\.ice of the Confederate States for three
years or for the war.

Mr. William Ballard Preston demanded that the yeas and nays of the
whole body be recorded thereon; which arc as follows, to wit:
Alafsama-yea: Messrs. Walker, Curry, and McKae. Nay: Meusrs.
Chilton, Robinson, and Jones.
Arkansas-Yca: Mcssrs. Thonl:tson, Garland, and Watkins. Kay:
Messrs. Johnson and Itust.
Florida-Nay: Mr. Owens.
Georgia-Nay : Messrs. Foreman, Crawford, Hill, Kenan, and
Stephens.
Louisiana-Yea.: Messrs. Perkins and Kenner. Xay : Messrs. De
Glouet, Conrad, Sparrow, and Marshall.
Mississippi-Yea: Rilesbrs. Harris, Brooke, Bradford, Harrison, and
Campbell. Nay: Mr. Orr.
Missouri-Y ea: Messrs. Cool<:(>,Conrow, and Yrecman. Kay:
Messrs. Bell, Harris, and Vest.
North Carolina-Y ca: Messrs. Davis, MVlcDomell, and Davidson.
Nay: Messrs. Avery and Venable.
South Carolina-Yex MY. Miles. Nay: Messrs. Rhett and Boyce.
Tennessee-Yea: Messrs. Jones, rthomas, Currin, and Caruthers.
Nay: Messrs. House, Atkins, and De Jlitt.
Texas-- Yea: Messrs. Reagan arid Ileniphill. Nay: Mr. Ochiltree.
Virginia-Yea: Messrs. Seddon, Scott, and Johnston. Nay: Messrs.
W i l l i i ~13.
~ rPreston, &lwfnrland, 13ococli, ltives, Brockenbrough, Russell, Stiiples,
Wdtrr Preston.
Thosc States voting i n (110 :dtirniative are,
Arkansas, Missibsippi, North Carolina, Tennessee, and Texas, 5.
Those in the negative arc,
Flolid:L, G e o q i a , Louisiana, South Carolina, and Virginia, 5.
The Statrts of ~Alab:ima]and l l i s o u r i being divided.
So tlre aincndnicut W:LS Hot agreed to.
Mr. Sp:~rrowm o ~ c dto reconinlit thc bill and pending amendments
to the Committee on Military Affairs, arid demanded the question;
which wis seconded;
Whcn,
Mr. Avery, a t thc instunce of thc State of Korth Carolina, demanded
that the yeiis and nays of the whole body bc recorded thereon; which
arc as follows, l o wit:
Al:~bama-~c~~
: AIcssrs. i\lIcPinc arid Jones. Kay : Messrs. Walker,
Curry, Chiiton, and Robinson.
Arltansas-Y en: 3Icssrs. Rust, Thomason, Qarlanci, and Watkins.
Na : Mr. tJolin,son.
Jloricia-Yea: hxr. Owem.

PROVISIONAL CONGRESS.

Dee. 6 , 18b11

529

Georgia-Yea: Nessrs. Forenian, Crawford, Hill, Kcnan, and

Stephens.
Louisiana-Yca: hiessrs. Perkins, DeClouet, Conrad, Kenner, Sparrow, and hlarshall.
Mississippi-Yea: air. Orr. Xay : Xessrs. Harriq, Brooke, Bradford, Harrison, and Campbell.
bIissouri-Yca: Xessrs. Bell. Cooke, Freeman, and Harris. Nay:
Messrs. Conrow and Vest.
North Carolina-Yca: Messrs. Davis, Smith, McDowell, and Venahle. Kay: Messrs. Avery and Dayidson.
South Carolina-Yea: Mr. Khett. Xay : 31essrs. Miles and Boyce.
Tennessee-Yea: Air. ,Jones. Nay: Mesbrs. Atkins, De Witt, Currin, and Caruthers.
Texas-Yea: Messrs. Reagan and Hemphill. Nay: Mr. Ochiltree.
Virginia-Yea: Messrs. Macfarland, Rives, Scott, and Russell. Nay:
Messrs. Seddon, Williani B. Preston, Bocock, Brockenbrough, Johnston, Slaples, and Walter Preston.
Those,States voting in the affirmative are,
Arkansas, Florida, Georgia, Louisiana, Missouri, North Carolina,
and Texas, 7.
Those in the ncptive are,
Alabama, Mississippi, South Carolina, Tennessee, and Virginia, 5.
So the motion to recommit prevailed.
iitcd a communication from the President, transmitting to Congrcbs certain estimates of the Secretary of War; which were
referred to the Corninittee on Military Affairs, without being read.
Mr. Macfarltmd presentcd the rneniorial of Alessrs. Bell, Pace, and
Lavender; which was referred to the Committee on the Judiciary, without being read.
Also, a bill to amend an act in regard t o recruiting stations; which
was read first and second times and referred to the Committee on
Military Affairs.
Mr. Kenan, from the Coinrnittee on Xilitary Affairs, reported and
recommended the passage of
A bill for the eniploynien t of hospital laundresses;
which was read firs3t and second tirnev;
W hen ,
Mr. Conrad moved to amend the same hy inserting after the word
rates, in the clause authorizing the Secretary of War to employ
laundresses for hospital+ the words and in such numbers.
The amendnieut as agreed to,
And the bill was engrossed, read third time, and passed as amended.
Mr. Johnson moved tbst Congress do now proceed to the consideration of a resolution introduccd by hirnsclf in relation to adjournment.
The niotion was agreed to, and the resolution mas taken up for considera tion ;
When,
Mr. Orr moved that Congress do now adjourn.
The motion did not prevail.
Mr. Johnson moved to amend the resolution by striking out therefrom the words adjourn on the sixteenth day of and Monday,
third of Fe briiary, ~ i g h t p e nhundred and sixty-one, and by inserting
the words take a recess.
c J-VOL

1-04-34

530

JOURNAL OF THE

[Dec. 7, 1861.

The amendments were agreed to;

When,
Mr. Miles moved to fill the blanks in the resolution with the words
sixteenth day of December and the words t o fifteenth day of
January.
A message was received from the President, by the hands of his
Private Secretary, Mr. Josselyn, that he had this day approved and
signed
A resolution of thanks to Maj. Gen. Leonidas Polk, Brig. Gen. Gideon
J. Pillow, Brig. Gen. Benjamin B. Cheatham, and the officers and soldiers under their command, for gallant and distinguished services in
the present war.
Mr. Curry called the question, which was upon agreeing to the
motion of Mr. Miles to fill the blanks in the resolution in relation to
adjournment, and the call was sustained;
When,
Mr. Rust moved to lay the resolution on the table.
Pending which,
Congress, on niotiori of Mr. Orr,
Adjourned until 12 m. to-morrow.

SIXTEENTI3 DAY-SATURDAY?

DECEMBEIL
7, 1861.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with praycr

by the Rev. Dr. H o p .
Mr. Vest announced the presence of John B. Clark, Delegate-elect
from the State of Missouri, who came forward, mas duly qualified,
and took his seat.
Congress then resolved itself into secret session.
SECRET SESSION.

Congress being in secrct session,

Mr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act for the cinployrrient of laundresses in military hospitals.
Mr. Harris, from the [Committee on] Nilitary Affairs, by general
consent, introduced and recornmended tlic passage of
A bill to authorizc tho appointment of one o r more officers to aid
the Prcsidcnt to sign commissions in the Army;
which was r e d first and second tirnes, engrossed, rcad third time,
and passed.
Congress then proceeded to the consideration of the unfinished business of yesterday; which was the considcration of the motion of Mr.
Rust to lay on the tablc thc resolution of Mr. Johnson of Arkansas
relative to the adjournment of Con less.
Mr. Curry cslled tlic question; TV ich was seconded, when Mr. Venable, at the instancc of the State of North Carolina, denlanded that
tho ycas and nays of the whole body be recordcd thereon; which are
as follows, to wit:
Alabama-Yea: Mr. Walker. Nay: Messrs. Curry, Chilton, and
Jones.

8:

Dee. 7, 1861.1

PROVISIONAL CONGRESS.

531

Arkansas-Yea: l\iEessrs. Thornason, Garland, and Watkins. Nay:

Mr. dohnson.
Georgit+-?iay: Messrs. Foreman, Hill, Wright, Kenan, and Stephens.
Louisiana-Yea: Mr. Perkins. Kay: Messrs. De Clouet, Kenner,
and Sparrow.
Mississippi-Yea: Nessrs. Harris, Brooke, Orr, Bradford, and Campbell. Nay: Mi-. Harrison.
Illissouui-Yea: Messrs. Cooke, Conrow, Bell, Freeman, Vest, Harris, and Clark.
North Carolina-Yea: Messrs. Davis and Venabla. Nay: Messrs.
Avery, Smith, AfcDowell, Morehead, and Davidson.
Soiith Carolina-Yen: Messrs. Rhett and Boyee. Nay: Mr. Miles.
Tcnneswe-Yea: Mr. De Witt. Nay: Messrs. Jones, Thomas,
Cmrin, and Caruthers.
Texas-Yea: Mr. Hemphill. Naj7: Mr. Ochiltreo.
Virginia-Y ca: Messrs. Seddon, William B. Preston, Brockenbrough, Busscll, Johnston, ancl Staples. Nay: Mossrs. Macfarland,
BOCOC
Iiivcs,
~ , Scott, Boteler, and Walter Preston.
Those Slittvs voting in tlic affirmative are,
Arkansas, Mississippi, Missouri, and South Carolina, 4.
Thosc in thc negative arc,
Alabxina, Georgia, Louisiana, Koyth Carolina, Tennessee, and
Virginia, 6.
The S h l c of Texas being divided, and tlic State of Florida not
voting.
So the motion did not prcvail.
M u . Sparrow irioved as a substitute for the resolution of Mr. John,
son of Arkaiisas the following, to wit:
I2rsobec1, That t h c Congrccs 15311 adjourn on Monday, the sixteenth instant, to
meet again in Richmond 011 the sixteenth of January next, unless sooner called
together by tlw Presidtlnt.

R l r . lerkins muvecl to lay the original resolution, with the substitute,

on the table, and Mr. Miles called the question; which was seconded;
Nhen,
Nr. Sparrow, at thc instance of the State of Louisiana, demanded
that the yens and nays of the whole body be recorded thereon; which
arc as iollo\\ s, to wit:
Alahania --Pea : Messrs. Walker and Mcltae. Say : Rlessrs. Curry,
Chilton, Itobinron, and .Tones.
Arkansas-Yea:
Messrs. Johnson, Thomason, Garland, and \Vatkins.
Florida-Yen: Mr. Xorton.
Georgia-Yea:
N r . Hill. Kay: Slessrs. Foreman, Crawford,
Wright, Kenan, and Stephens.
Louisiana-Yea: Messrs. Yerkins and Conrad. Nay: Messrs. De
Clouet, Kenner, and Sparrow.
Afississippi-Yea: Messrs. Harris, Brooke, Orr, Bradford, Harrison, and Campbell.
Missouri-Yea: Messrs. Clark, Bell, Cooke, Conrow, Harris, Freeman, ancl Vcst.
North Carolina-Yea: Messrs. Davis and Venable. Nay: Messrs.
Avery, Smith, AtcDowell, Morehead, and Davidson.
South Carolina-Yea: Messrs. Pthett, Miles, and Boyce.

532

JOURNAL OF THE

[Dec. 7,1861

Tennessee-Yea: Messrs. House and De Witt. Nay: Messrs. Atkins,

Thomas, Currin, and Caruthers.
Texas-Y ea: Messrs. Hemphill and Ochiltrcc.
Virginia-Yea: Messrs. Seddon, William B. Preston, Macfarland,
Eives, Boteler, Brockenbrou h, Russell, Johnston, and Staples. Nap:
Messrs. Bocock, Scott, and 8 7alter Preston.
Those States voting in the affirmative are,
Arkansas, Florida, Mississippi, Missouri, South Carolina, Tcxss, and
Vir ainia, 7.
Tkose in the negative are,
Alabama, Georgia, Louisiana, North Carolina, and Tenn
So the motion to lay on the table prcvailed.
EXECUTIVE
DEPARTJIENT,
Richmond, December 7, 1861.
Mr. Presided: The President has this day approved and signed
An act for the eniployment of laundresses in military hospitals.
ROBERT JOSSELYN,
Private Xecretnry.

Mr. McRae, from the Committee on Engrossment, reported as

correctly engrossed and enrolled
An act to authorize thc appointment of one or more officers to aid
the President to sign commissions in the Army.
Congress then resolved itself into executive session; and having
spent some timc therein, again resolved itself into legislative session.
Mr. Johnson of Arkansas introduced
A bill supplementary to an act for the scqucstration of the propcrty
of alien enemies;
which was read first and second timcs and referred to the Committee
on the Judiciary.
Also, a bill to provide for the instruction and to increase the efficiency
of the rovisional forces of the Confederate States; which was read
first an second times and referred to the Committee on Military
Affairs.
Mr. Thomason offered
A resolution instructing thc Committce on Military Affairs to inquire
into the expediency of commissioning at the date of their commencement of service assistant surgeons and assistant commissaries and quartermasters;
which was read. and agreed to.
Also, a resolution relative to the amendment of the scquestration
act; which was read arid referred to the Conimitlee on the ,Judiciary.
Mr. Foreman prcscntcd a memorial of sundry citizens of Savannah,
Ga., praying relief from the provisions of the sequestration act; which
was road and rcferred to the Committee on the ,Judiciary.
MY. Conrad nresentcd the memorial of citizens of New Orleans;
which was [read] and referred to the Committee on the Judiciary.
Mr. Brooke introduccd
A bill to amend an act for the sequestration of the property and
estates of alien enemies;
which mas read first and second times and referred to the Committee
on thc Judiciary.
Mr. Rhett moved that the Chair fill the vacancy on the Committee
on Foreign Affairs caused by thc resignation of Mr. Venable.
The motion was agreed to.

Dcc. 7,1861.1

PROVISIONAL CONGRESS.

533

Mr. Rhett also moved that the Chair assign to the new members of
the Congress places upon such committees as he may think proper.
The motion was agreed to.
Mr. Brooke offered a resolution instructing the Committee on the
Judiciary to inquire into the expedicncy of repealing the sequestration
act, and introducing a confiscation bill; which was read and agreed to.
Mr. Campbell asked leave to withdraw from the hands of the Secretary of Congress the claim of [sic];
which was granted.
Mr. Davidson offeicd
A resolution instructing the Committcc on the Judiciary to inquire
into the expediency of so amending the sequestration act that estates
held in trust by alien enemies for citizens of the Confederate States
shall be exempt;
which was read and agreed to.
Mr. Davis presented the memorial of several residents of railroads
in North Carolina; which was referred to the ommittee on Military
Affairs, without being read.
Mr. Smit,h of North Carolina introduced
A resolution instructing the Committee on the Judiciary to inquire
if further legislation be necebsary to give full jurisdiction to the district courts ovcr prize vessels first carried into their [sic];
which was read first and second times arid agreed to.
Nr. Morehead presented the iiieniorial and resolutions of citizens of
Korth Cxrolina in relation to the building of a railroad; which were
referred to the Committee on Military Affairs, without being read.
Mr. McDowell presented the memorial of citizens of North Carolina;
which was referred to the Committee on Finance, without being read.
Mr. Miles presented the proceedings of t h e Southern Commercial
Convention; which was rcferrcd to tho Committee on Finance, without
being read.
Also. petition of sundry claimants for payment for work on new
custom-house at Charleston, S. C.; which was referred to Committee
on Claims, without heing read.
Mr. De Witt introduced
A bill to establish certain post routes therein named;
which was read first and second times and referred to the Committee
on Postal Affairs.
Mr. Currin introdnced
A hill to amend a bill for the sequestration of the property, estates,
etc., of alien enemies;
which was read first and second times and referred to the Committee
on the Judiciary.
Also, a resolution instructing thc Committee on Military Affairs to
inquire into the expediency of appointing adjutants and commissaries
from the ranks; which was read and a reed to.
Mr. Ochiltree presented the memoria of Judge Hill, of Texas; which
was referred to the Committee on the Judiciary, without being read.
Mr. Hcmphill odered the following resolution; which was read and
agreed to, t o wit:

Rpsohvd, That the Secretary of War be requested to report to this Congms the
number of gnns which have been transported to Texas for the defense of the coast of
that State, the cost of suc~htransportation, and what would have been the cost had a
railroad from Piew Iberia, in Louisiana, to Orange, in Texas, been completed.

534

JOURNAL OF THE

[Dec. 7,1861.

Also, a resolution to increase the ay of chaplains in the Anlnij~,and

to allow such ogcer one ration per fay; which W:LS read and reicrred
to the Committee on Militmy Affairs.
Mr. Seddon offered
A resolution instructing the Committee on the Judiciarv to inquire
into the expediency of so aniendin the sequestratlon act as to irlclude
banks and other corporations in Sentucky and Maryland, who may
have aided i n the war against t h e Confederate States;
which was read and agreed to.
Mr. Staples introduced
A resolution instructing the Committee on the Judiciary to explain
certain portions of the tax bill;
which was read and agreed to.
Also, a resolution instructing the Committee on Postal Affairs t o
inquire into the expediency of increasing the compensation of postmasters whose offices are in the vicinity of the camps; which was read
and agreed to.
Mr. Macfarland introduced
A resolution instructing the Committee on the Judiciary to inquire
what legislation is necessary to protect citizens of the Confederatc
States against judgments rendered against thein in the United States
courts ;
which was read and agreed to.
Mr. Boteler presented the memorial of Thomas M a s h , agent, etc. ;
which was referred to the Committee on Claims. without being read.
Mr. Bocock presented
A resolution instructing the Committee on Postal Affairs to inquire
into the expediency of establishing a certain post route;
which was read and agreed to.
Mr. Russell presented
A resolution relating to Maryland:
which was read and, on motion, placed on the Calendar and ordered
to be printed.
Mr. Conrad offered the following resolution, to wit:
*

Resolved, That the President be requested to ascertain, if practicable, on what terms

the States owning w b l i c lands vould be willing to cede to the Confederate States so
much of these as would enable Congress to give to each iioncoininissioned officer and
private in the Army, and to each petty officer and seaman who shall s e h e during
the war, or until disabled, sufficient land for a hoinesteacl.

MY.Crawford moved to lay the resolution on the table, when Mr.

Smith of Alabama called the question; which was secoiidcd, and
Mr. Crawford, at the instance of the State of Georgia, demanded
that the yeas and nays of the whole body be recorded thereon; which
are as follows, to wit:
Alabama-Yea: Messrs. Walker, Smith, Curry, Chilton, McBae,
and Jones.
Arkansas--Yea: Messrs. Thomason and Garland. Eay : X r.
Johnson.
Georgia-Y ea: Messrs. Foreman, Crawford, Hill, Wright, Kenan,
and Stephens.
Louisiana-Y ea: Messrs. Perkins, De Clouet, and Sparrow. Nay:
Messrs. Conrad and Kenner.
Mississippi-Yea: Messrs. Harris, Orr, Harrison, and Campbell.
Nay: Messrs. Brooke and Bradford.

Dee. 7,1861 ]

535

PROVISIONAL CONGRESS.

i\lisuouri--Yea: ?Illcssrs. Conrow, Bell, Harris, and Freeman. Nay:

Messrs. Clark, Clooke, and Vest.
Xorth Carolina-Yea: Mr. Avery. Nay: Mesrs. Smith, Venable,
and Morehead.
South Carolina--Yea: Jlessrs. Miles and Royce.
Tennessee-Yea: Jlessrs. House, Jones, De Witt, Currin, and Caruthers.
Texas-Y ea: Mr. I-Iemphill. Kay: Mr. Ochiltree.
Virginia-Yea : Messrs. Seddon , William B. Preston, Macfarland,
Kires, Scott, Boteler, Brockenbrough, and Russell. Xay : Mr. Walter
Preston.
Those States voting i n the aiErmative are,
Altibania, Arkansas, Georgia, Louisiana, Mississippi, Missouri,
South Carolina, Tcnnessee, and Virginia, 9.
Those in the negative are,
Korth Caro!ina, 1.
The State of Texas being divided, and the Stale of Florida not
voting.
So the motion to lay on the table prevailed.
l+33CITTITE

DEPART.\IENT,

Kicltniund, December 7 , 1861.

Mr. President: The President has this day approved arid signed
An act to authorize the appoiritrnent of one or more officc~sto aid the President to
sign coininis,qions in the A Y I I I ~ .
lZOBERT JOSSELYN,
Private SeSecretar?j.

On motion of Mr. Xemminger, Congress then resolved itself into

executive session; and having spent ioiiie time therein, again resolved
itself into legislativc session: and
On motion of Mr. Garland,
Adjourned until 12 ni. on Monday.
EXECUTI\X SESSION.

Congress being i n executive session.

Thc Clisir laid before the body a communication from the President
desiring to recall the nomination of Samuel H. Hempstead to be district attorney for the eastern district of Arkansas, and the return of
his communication on the subject.
Congress consented to the request.
The Chair also laid before Congrem a communication from the President, nominating the o6cers in the annexed lid, agreeably to the recommendation of the Secretary of the Navy, to appointments i n the
Kavy and Marine Corps of the Confederate States; which is as follows, viz:
To the ?resident of the Congress of the Confederate Stcites of Ame~ica:
named in the annexed list, agreeably to the recommendaI nominate t h e ofic
tion of the Secretary of the Savy.
JEFFERSON DAVIS.
Cuptain.

Franklin Buchanan, of Jlaryland, late a captain in the Eavy of the United States.
Comninnders.

Charles H. afcBlair, of Xaryland, late a commander in the hary of the United

States.
John K. &litcllell, of Florida, late n conmiander i n the S a v y of the United States.

536

JOURNAL O P THE

[Dec. 7,1861.

Lieutertunts.

Henry K. Stevens, of Florida, late a lieutenant in the Navy of the Un.ited States.
George H. Bier, of Maryland, late a lieutenant in the Navy of the Unlted States.
John Taylor Wood, of Louisiana, late alientenant in the Xavy of the United States.
William P. A. Caniuhell, of Tennessee, late a lieutenant in the Navy of the United

states.

Benjamin P. Loyall, of Virginia, late a lieutenant in the Xavy of the United States.

Surgeon.
James Cornick, of Virginia, late a surgeon in the Navy of the United States.

Paymaster.
George H. Ritchie, of Virginia, late a paymaster in the Kavy of the United States.
Assistant paymasters.

James 0. Moore, of North Carolina; Richard Taylor, of Virginia; James E. Armour,

of Alabama.
MARISE CORPS.

Captams.
Jabez C. Rich, of Virginia, late a captain in the Marine Corps of the United States.
Algernon S. Taylor, of Virginia, late a captain in the Marine Corps of the United
states.

Leutenants.

Thomas P. Gwynn, of Tlirginia; James Thurston, of South Carolina; Francis H.

Cameron, of North Carolina; Fergus Mac Bee, of Missouri; R. M. Ramsay, of Tennessee; John D. Fowler, of Alabama; David Bradford, of Xississippi.

The communication was referred to the Conimittee on Naval Affairs.

T h e Chair also presented the following communication in reference
to the State of Kentucky, viz:
To the IIon. Howmr, Conn,
President of the Cony ess:
I have the honor herewith to transmit a communication from the provisional governor of Kentucky, informing me ot t h e appointnient of commissioners on t h e part
of that State to treat with the Government of the Conlederate States of America for
the recognitiou of said State and its adiiiission into this Coniederacy. Also, a communication from t h e president and illembers of the convention which declared the
separation of Kentucky froin the United States and adopted the provisional government as therein recited. hio of the three commissioners thus appointed have presented their credentials and submitted i L proposition to eiiter upon negotiation for the
admission of the State of Kentucky into the Confederacy.
Before entering upon such npgotiatioii I have deemed it proper to lay the case
before Congress and ask its advice.
The history of this controversy, involving the State of Kentucky, is 80 well known
to Congress that it is deerned unncccssary to enter here into a statement of the various
stages through which i t has passed. It may, however, be proper to advert to the
fact that in every form in which the question lias been presented to the people of
Kentucky, we have sufficientevidence to assnre 11sthat by a large majority their will
has been manifested to m i t e their destinies TI ith thc Southern States whenever,
despairing of the preservation of the linion, they should be required to choose between
sssociatiori with the North or the South.
In both the comtiiunications pwsented will be found a pox crful exposition of the
misrepresentation of the pcople by the gorernnient of Kentuckv, and it has led me
to the conclusion that the revolution in which they are engaied offered the only
remedy within their reach against usurpation and oppression, to which it would be
a reflection upon that gallant people to suppoqe that they would tamely submit.
That this proceeding for the admission of Kentucky into the Confederacy is wanting in the formality which characterized that of the States which seceded by the
action of their organized govcrniiient is manifest, indeed admitted, by terming it
revolutionary. This imposes the necessity for examining t h e evidence to establish
, the fact that the popular will is in favor of the adinission of the State into the Con-

Dee. 7, 1861.1

PROVISIONAL CONGRESS.

537

federacy. TO this end, I refer t h e Congress to the commissioners, who have presented to me many fact's, which (if opportunity be afforded them) they will, no
doubt, as freely communicate to the Congress.
The conclusion to which 1 have arrived is, that there iR enough of merit in the
application to warrant a dieregarti of its irregularity; that. it is the people-that is to
sav, the State, who seek to confederate with us; that, though embarrassed, thev a n
n6t rightfully he controlled by a Government which cio1att.s its obligations* and
usurps powers in derogation of the liberty which i t was instituted to preserve; and
that, therefore, we niay rightfully recognize t.he provisional government of Kentncky,
and, under its auspices, admit the State into the Confederacy.
In reaching this conclusion I have endeavored to divest myself of the sentiments
which st.rongly attract ine toward. that Stat.e, and to regard considerations, military
and political, subordinate to propriety arid just'ice i n the determination of t,he question. I now iiirite the early attentioil of Congress, that I may be guided by its
advice in iriy action.
JEFFERSOX DAVIS.
Ordinance of the Kextucky con7Tention.

Whereas t h e Federal Constitution, which created the Government of the United

States, was declared by the framers t.hereof to be the supreme law of the land and
was intended t o limit the powers of said Government to certain general specified.
purposes, and did expressly reserve to the States and people all other powers whatever; and the Presidelit and Congress have treated this supreme law of the Union
with contempt, and usurped to themselves the power to interfere with the rights and
liberties of t,he States and the people against the espresetl proyisions of the Constitution, and h a r e thus substitntttd for the highest forins of rational liberty and const,itutional government, a central despotisin, founded lipon the ignorant prejudices of
eat1 of giving protection with the Coiistiof Northern societ.y, and,
1:iiion hare t urnetl loose upon t,lieni the
1e peoplc of fifteen States of
ulirestniined ragiiig paysiona oE riiobs i
arid hecause we swk to hold our
libertic,s, our p u ~ ~ ~ e rotwy ,honies, and
w, under the protection of the
orte, inraded our soil, arid waged
reserved powers of tlie States: h a r e hlock
war upon our pcolile for the piirpose of siil.)jugating ue to their will; and
Whereas our honor and our tlnty to poRtcrity demand that we shall not relinquish
our ovin liberty, and s1
not abandon the right of our descendants and the world t,o
the incstiniitblc Itlossin
f constitut,ional gorcnimcnt: Therefore,
Be it ordtrinccl, That
io hereby forevcr wver oiir connections with the Government of the Vnittd States, m t i , in the name of the people, we do hereby declare
Kentucky to be a free and independent State, clothed with all power to fix her own
destiny and to secure h w o n a rights and 1ilJertii.s; and
Whereas the majority of the legislature of Kentucky have violated t,heir most
solemn plcdges, rnade before the election, and deceived and betrayed the people;
have ahantloncd thc posit.ion of ncxitrality nssnnicd b y theiiie
arniiw of Lincoln; ha
and invited int.0 the State thi. orgai
eriinicnt, in favor of the military
otisiii which they have
selveP, but can not control, and ha
andoned the duty of skiidding t h e citizens
with their protect,ion; have thrown upon our people and the State the horrors and
ace, and have voted inen and
money for the ~ v a rw-aged
P Xorth for t h e deptruction of our constitiitional
rights; h a r e violated t!ie e
Ivords of the Constitution l ) y borrolving five millions of money for l ~ h esii
tlir \Tar, without a vote of the pe(Jpl?; hare pertransferred the constitntional
of partisans; hare seen the
s ];reservation, and permitted

liberties.

JOURNAL O F THE

LDec. 7, 1861.

SECTION
1. The supreme executive arid legislative power of the provisional government of this Conimonwealth, hereby established, bhall be vested in a gorernor and
ten councilmeii, one from each of t h e preseiit Congrexk~naldisliicts, a majority of
whom shall constitute a quorum to trarisacl business. The go\ ernor and councilmen to be elected by the nieinbers o this convention in such nianner ah this conT ention may prescribe.
SEC.2. The governor and council are hereby invested with full poa el to pass all
laws necessary to effect the objects contemplated by the formation of this go! ernnient. They shall have full control of the army and navy of this Coniinonnealth,
and the militia thereof.
SEC.3. No law shall be passed, or act done, or appointment niadc, either civil or
military, by the provisional government, except with the concurrencc of a majority
of the council and approval of the governor, excqept as hereiu specially provided.
SEC.4. In case of a vacancy in the gubernatorial office, occabioned by dcsth, resignation, or any other cause, the council shall have pol3 er to elect a gorernor, as his
successor, who shall not, however, he a member of their o \ m body.
SEC.5. The council hereby established shall consist of onc person selected from
each Congressional district in the State, to be chosen by thiq convention, who shall
have poner to fill all vacan&s from any calm from the diqtrict in which such
vacancy shall occur.
SEC.6. The council shall have power to pass any acts nhich they may deem essen* tial to the preservation of our liberty and the protection of our rights, and sneh acts,
when approved by the governor, shall become law, and as cuch shall be sustained by
the courts and other departments of the government.
SEC. 7. The governor shall nominate, and, by and with the advice and consent of
the council, shall appoint all judicial and executive a n d other officers necessary for
the enforcement of law and the protection of society under the extraordinary circumstances now existing, n h o shall continue in ofiice during the pleamre of the
governor and council, or until the establishment of a permanent governinent.
SEC.8. The governor shall have power, by and v i t h t h e consent ant1 atlTice of the
council, to conclude a treaty with the Confederate States of dnierica, by which the
State of ICentucky may be admitted as one of said Confederate States upon an equal
footing in all respects with the other States of said Contederacy.
SEC.9. That three coiiirnissioners shall be appointed by this convention to the
negotiate aiid trcat
Governnwnt of the Coniederate Statc:: of America, with poi\
with ::aid Confederate States for the earliest practicable adni
11 01 Keiitucky into
the Gu~er~inieiit
of said Confederate States of ilmerica, who shall report t h e result
of tlirir mission to the governor and council of this provisional government, for such
futurc actioii as niay he dreiiicd advisable, and, should lew than the full number
attend, such as may attend may conduct such negotiation.
SEC. 10. 80 soon as an election can be held, flee froui the influence of the arniics
of the United States, the provisional government rhall [)I(>\ itle for the assembling of
a conventioii to adopt such ineawres as niay be necewwy ant1 espedierit for the rcstoration of u permanent government. Faid convention shall conrist of one hundred
delegates, one from each rcprescntative chtrict in the State, except the counties of
Mason and Jienton, each of which shall be entitled to two delegates.
SEC.11. An auditor and treaqurer shall he appointed by the provisional povernmmt, whose duties s h d l bc prescribed b y law, and who shall give bond with sufficient security for the faithlul dischargc of tlie duties of their respectiJe ofiices, to be
approved b y thr governor and council.
SEC. 12. Thc following oath shall be taken by the governor, members of the couiicil, judgc?s, and all othw ofticcrs, civil and military, who may be coniniissioned ancl
a p p o i n t 4 b y this provisional gorernnicnt. I,
, d o solemnly swear ( o r
affirni), in tlw prcmice ol Almighty God, and npon my honor, that J will obserw
and obcy all la\<Y passed by the provisional government of Kentucky. So help me

God.
SEC.13. The governor shall rrceire, as his oalary, $2,000 per annul
men, $5 per diem, while in PesPion, ancl the salary of the other offi
by law.
SIX. 14. The constitution ant1 laws of Kentucky, not inconsistent with the acts of
this convention, and tlie establishment of this government, and the laws which may
be enacted b y the govwnor and council, shall be the laws of this State.
BEC. 15. That whenever the governor and council shall have concluded a treaty
with the Confederatc States of Amerii a, tor the admission of this State into t h e Confrderate Government, the governor and council shall elect two Senators, and provide
by law for the election of members of the IIouse of Bepresentatives in Congress.

Dee. 7,1861.1

PROVISIONAL CONGRESS.

539

SEC.16. The provisional gcioernment heiehy established shall bc located at Bowling Green, Icy., but the g u i e ~ n o rand council shall have poncr to meet a t any other
place that they rriav consider appt opiate.
c3ll\ille, in the State of Kentucky, this 20th day of Sovember, in the

T I . C. BUILNETT,
(Signed)
and mernbel fi+onz Trcgg County.
R. 3icI<EE,
Secretary, and ineiiibe? from Luuisdle.
T. I,. BURNETT,
lnnt sewetwy, and meinbe/*jroiiiA1)eizcer County.
T. 6. BRYAN,
,lisistcLnt seirclnry, ccitd member f i oin Cliristian County.
\V. 11. COFI'ISE, of Ballard County.
A. 11 K I S G X A S .
I\' .I I,I'SSFOBD.
J. J . C U S S I S G H A ~ 3 1of, Grayson County.
J O H N J . GBEEX.
5. P. RURSSIDE.
(;EOItQE U
'. MAXSOY.
ROBEKT 8. FORD, of I I a ~ d i nCounty.
\VILT,XAX JC)IIK\'STOS, ol IIardin County.
\VII,LT.~M \V. T1103IPSOS, of Hart County.
\\'. s SIIOWDY, of Hart County.
President 4,'

tile c o w ention,

I,I~:TOS, of Logan County.

NEtlLI,, of Logan Connty.

It. 1, ('ORII, of L>on County.

W I LLTS 13. I\ilC"IES, of 1,yoii County.

GEORGE 12. JIEIZRITT, of Lyon County.
.T. C GILBERT, of 3Iarsliall County.
\\'IT,LI.i11 E. RAP, of Marion County.

J . 1. I). JTcl<EB, of .\n(IPrson Conntp.

$~i:\Il<SA . McBK -\PER, of Anderson County.
K. TOWSLEY, of Ballard County.
J. P. IZATIW, of Barren Countv.
K. \V. rrlloMAs,of Barren County.

C. V.I'ARRISII, of Barren County.

J. W.E\'XHTS, of Barren County.
'\TTIIJLIA3iF. BELT,, of Barren County.
6. 6. SCOTT, of Barren County.
n. cUi\TsIS(iI-Ir23~,of Bourbon County.
SAMUEL 1. MrBILIDE, of Boyle County.
DORSEY B. BOWERS.
\VILL1A31 n'. UAITHER.

w.

540

JOURNAL O F THX

JAMES W. MOORE.
HARDY S. 1,YfERT.
1,.K. CHILTON.
FOHN J THONAS.
ROBERT McKEE.
STEPHEN EDWARDS.
P. C. BARNETT.
n. IvIATHE\TTSON, of Calloway County.
P. S. HAMLIN, of CalloRay County.
T.M. JONES, of Galloway Cotinty.
ALEXANDER WESSON, of Calloway CollIlty.
FRANCIS W.DODDS, ot Galloway County.
\VILLIAM T. MATHES, of Cxlloa ay County.
C. A. DUNCAN, of Callomay CountY.
A. J. HOLLANL), of Galloway County.
1%.
L. GILTSE:R, of Galloway County.
THOMAS T. BARRETT.
ROBERT J. BRECKINRIDGE.
J. S. GIBBOS.
I<.B. ALEXdP\DER.
E. R. WOOD WARD, of Netcalfe County.
E. M. BRUCE, of Kicholas County.
J. J. COXOVER, of Owen County.
OWEN DORSEP, of Oldham County.
GEORGE 1%JOIITSOS, of Scott County.
A. KEENE RICHARDS, of Scott County.
WILI,IAM B. CLARK, of Siinpson County.
B. W.WILLIARIS, of Simpson County.
T. L. BURSETT, of Spencer County.
J. A. RUSSELL, of Todd County.
W. B. HARRISON, of Todd County
G. LINE, of Todd County.
1%.1. POSTON, of Trigg County.
W. 1. NURTRIE, of Trigg County.
ROBERT WOLDRIDGE, of Tiigg Cnunty.
ANDREW CUNSINGHXJI, JTL,
of Trigg County.
J. Y. NEWKIRK, of Trimhle County.
WILLIAM n. RAY.
WILLIAM J. P A P K E , of Union County.
S. D. HLACKBURN, of IVarren County.
SANTIFORD LYNE, of \Voodford County.
J O H N 1%ARNETT.
.
ROBERT A. l3RECI<ESItIDt;F:, of Washington Ccxinty.
WARREN LYTTLETOS JENICISS, of Webster C:ounty.
THOMAS 8. BRYAS, of Chriitian County.
J. F. BELL, of Callomay County.
A. R. IIOONE, of Graves County.
H. If. ROSE, of Graves County.
.J. A . PERTLE, of Graves County.
J. D. SCAFF, of Graves Count
JOHN liIDGJVAY, of Grakes
ULANTON DUNCXK, of Lou
PHILIP B. TIIOMPSOi\, of Mercer County.
Z.BIcI>BNIEL,of Xonroe Cmnty.
W.N.WAND, of Nuhlenburgh County.
A. F. WILLIAMS, of MrCroskin Count).
JOTIN M. JOHNSON, of McCroslrin County.
WILLIAbI G. BIXLITT. of McCroskin County.
T I . TT. IITJSTOK. of McCroakiri Countv.
JOHK &. A. I<IXG, of iTcCroskin Clunty.
WILLIAN E. RlIXICR, of Kelson County.
JOHN C. RRODHEAD, of Xclson County.
JOHN J. DENKIS. of Cnlhoun. McLcaii County.
J. L. GREGORY, of Calhoun, McLean County.

Dee. 7, 1561.1

PROVISIONAL CONGRESS.

541

Bo~vr,rrc,GREEN,Ku., A~o~iemher
21, 1861.
His Excellency JEFFERSON
D,tvIs,
Iresiclent o j the Confederate States ?f ilmericrc.
SIR:The conveiltion which assembled a t Russellville, Ky., on the 18th of this
month, and which organized the provisional government of Kentucky, appointed
the Ilon. William Preston, t,he Hon. Henry C. Hurnett, and the Hon. \Villiam E.
Simms commissioners t o tlie Gorernment of the Confederate States of ilmerica,
tx Statrs for t.he earliest practiwith power to nqptiute and treat xvith said
of said Confederate States of
cable admission of Kentucky into the Go
Ainerica, arid I ha\-e the honor to accre
to your Government for that
purpose.
With assurances of m y high regard and esteem, I am, sir, your obedient servant,
GEORGI< \V. JOEISSOK,
Prorisionul Oocei-mT o j Kentucky.

B~IVLISG
GREEK,ICY., A-ocember 21, 1861.
His Excellency JEBFT.:IISON
Darrs,
President of the Confederate ,Pntcs of America.
SIR: The convention which assembled a t Itussellville on the 18th of this month,
composed of delegates from sixty-eight counties, and which organized a provisional
government for Kentucky, appointed the Hon. Ilenry C. Burnett, the Hon. William
Preston, and the I-Ion. Willia.iii E. Sitnrns corniiiissioners to treat with the Government of the Confederate States of Anierica, for the recognition of this government
and the admission of this State into said Coiifederacy upon an equal footing with the
other States composing it.
s State, in thus organizing a provisional governmeiit
of person and propcrtv, was based, as a necessity,
:11f nitinkind against perfidious
be called t h e war partv of
s of the kist Congress and a
r surrounding themselves with an army of 8,000
1,incoln troop, forcrtl a majority of thrir oivn I)ody into caucus and there concocted
ant1 afterwards eiiactetl in the legislature (against the vetoes of the governor and the
reiiionstraiices ol t,lir riiinority o f the eeriate ant1 house of representatives) a series of
oppressive arid despotic acts which h a ~ left
e us no alternatives except abject submission or manly reyistancc. The constitutional right of secession by the State, with
organized gorernment, from the ruins of the old Union, \vat: not possible, beciluse
the polver of atloptinp such nianly and philosophic action \\-as denied us by the
enslaved menibers of the legislature, who not, only submitted themselves to the
despotism of the army, but betrayed thcir political oppoiiciits w h o relict1 upon their
honor, and their o\vn constit,uents, and the great body of the people of Kentucky
who relied upon their pledges of neutrality. Secession being thus impossible, we
were compelled to plant ourselves on a doctrine nniverdly recognized by all
nations-tliat
allcgjance is due alone to such governments as protect society, and
upon that right which God hiiiiself has given to mankind, and which is inalieriable,
t!ie right to destroy any government whose existence is iiicoinpatible with the
interest ant1 liberties of ,society. The foundat,ion, therefore, upon which the provisional government rests is a. right, of revolnt,ion, institnted hy the people, for the
preswvxtioii of t,hn liberty, the interests, and thc honor of a vast majority of the
citizens of Kentucky.
Our justification before the world for a resort to this ultimate right of revolution
depends upon t h e facts constituting the necepeity of its exercise. Tliepe facts will be
placed before yon 1)y our corninissioners, and to thcse facts we fearlessly invite your
attention, and that of the great Government over which yon preside. We considered our constitntioual liberty and our personal honor worth more than life or
property, and wc! have confidently staked them both upon the issue.
It is believed that t h e Confederate States of Anierica will not refuse admissiob to
a State whose sympathiesantl whose interests are identical with their orvn and whose
geographical position is so important to the Confederacy inerely because we have
been unfortnnately deprived of that right of constitutional secession which was so
fortunately possessed, and so legitiniate1,v esercised, by thenisclves. There is no
incompatibility betTveen the right of secession by a State and the ultiniate right of
revolution by the people. The one is a civil right founded upon the Constitution;
t h e other is a natnral riplit restinr upon tlie lam of God. Mississippi legitimately
exercised the right of secession for the preservation of her constitutional liberty.
But it the State of 3lississippi had c:orruptly refused to discharge her duty and
treacherously lllade herself a part of the Korthern despotism which threatens the

[Dee. 7,1861.

Liberties of her people, would any philosophy deny to hey Citizens the right of revolution or any theory refuse her protection and admission ~ l t h l 1 1the Confrderate
States?
I t is, indeed, philosophic and true that a State shOy1d exercise jts riglit of peaceful
gecemion for the preservation of the rights and ~nstltrltlo~ls its people; but it is
neither philosophic nor true that becaube a people are dWIked bp 8 perfidious State
government, of the power of secession, that they therefore liave no riglit to maintain their liberty and their honor by revolution. The adniiration of manbirid nlay
be excited by a State firmly maintaining the rights oi its people; but t h e rnallly
deterlnination of a people to vindicate their own liberties, at the.hazard of life
fortune, against the despotic Government of the Xorth, and agnlnst the power and
resources of a base and perfidious State government, is not 1e.s noble ant1 prai5ewort11y.
The provisional government of Kentucky is now the index of a n ahnost nni\-erpal
sentimelit in the State in favor of a perinanent corinectiori x i t h the Confederate States,
and the history of the last year, attentively 6tuclirt1, d l demonstrate the truth of
this assertion, even to a stranger. Since the election of Abraham I,incoln, xyith the
exception oi a few thousand emancipators and Bbolitioniet~,t h e State of Rcntucky
h&qbeen tilvided into only two parties-the States Rights party and the Union party.
It lvill be unnecessary to do more than assel t that the States Rights party ere all,
and at all times, in favor of a connertion ith the South, for all candid men \-,ill
admit it.
The first position assumed by the TJnion party, after t h e Presidcntial e
embraced these ideas: First, the preser1ation of the Cnion; second, thc prote
Southern institutions by aniendinents of the Constitution; third, opposition to coercion of the South by arms; and fourth, a continued conriectioii and common desiinjr
with tlie South. At this period thc Union party could n o t h a r e stood one day if
the leaders had dared to avov themselves i n faror of Xorthern sentiment, or an ultimate connection with the North, in the event of a permanent disqoliition of the Union.
After the failure of the peace conference, in consequence of the refii~fllof t h e kbolitionists to vote amendments to the Constitution for the protection of Southern property, the Union leaders still avowed themselves opposed to t h e cnercioii of t h e South;
b u t they now advanced the idea of neutrality and peace for .Kentucky during the
war, and declared themselves in favor of an ultimate connection of the State with
the South by a vote of the people. Thns, after the refusal of their abolition allies to
give coiistitutional protection to Southern property, n e h a r e again a confession of
the Union leaders, embodied in their creed, that their party w+s in favor of a11
ultimate connection of the State with the South. This waj the party creed at the
last election in Kentucky, when inemhers of Congress and iiietiibers of the State lepislature were chosen.
The final chaige in the Union party was now near at band. The President and
his counsellors refused to respect theneutrality of Kentucky, and deterinined to orgauize a force i n Kentucky to hold the State and to pacs over it3 territory, 1.j +tiilte a
blow at the heart of the Southern Confederacy. C0ngres.i met, the lnion nienibcrs
threw off disguise and voted inen and money for the nxr. The indignation o f the
whole State was excited. The people were aroused, ant1 the denunciations ot the
war tax and enlistments for the Sorth were violmt and extreme. The members of
Congress were now secretly engaged in introducing and organizing an ariny. The
leaders of the Union party now cIenrIy perceived that t h e y mu-t shield themselves,
b y an army, from the indignation of the people. This idea was soon imprezrcd upon
those members of the legislature who wcre really in favor of a n honest neutrality of
Kentucky. They md in caucus and soon determined to protect themselves with
the army, orerawe their o n n constituents, and to pursue, n ithout mercy, their political opponents. This is a simple and true history of the Union party of Kentucky,
and under all it8 phases, except the last, it avowed its preference for the South; and
in its last, the leaders suppressed the Pentinlent of their own party by the sword.
.This recital is made for one purpose alone, and that is, t o shov; that t h e whole
body of the people of Kentucky hare, i n the last year, repeatedly a! o n ect thenisel\ es
in favor of an ultimate peaceful coiinection of the State, by a vote ot the people, with
the Confederate States. The Union leader3 avowed the same intent~onulltil they
had organized an ariny sufficient to protect themselves against t h e rape of t h e people.
The leadeis of the Slatev Rights party in Kentucky alvr-ays kne\\ tirat the people
were with them on this question, and they hoped to the last that tiley \vould beable
t o expose the designs of the war faction, arid thus carry I\ it11 thern the State government. The hope of being able to act with the forms Gt la\\ made them risk everything till too late. KO one could have anticipated the uuparalleled audacity and
treachery of the leaders of the Union party, when they violated thelr olvn position
Of neutrality and deliberately determined to plunge the State in war.
Up to the
last Xnonxmt of safety we attempted to sa\ e the State by State action; and we did

Dee. 9,1661.1

543

JROVISIONAL CONGRESS.

tually accustorned to look

n g ~ . We wished to secede
nclrians guarded by all t,he
last. We, adlirred to this
tlcteriiiin~tionuntil the t,lieory i t , d i was lost, in the treachery of the legislat,ure, ant1
until the Statc govt.riinient had abandoned its people arid indissolubly united it?elf
with the public eneniy.
For nearly two years no election can take place in Kentucky for members of the
legislat,ure. Should wc have submitted cliiring all this period to an anarchy, or to
laws hostile t.o our people? Even then the :;word \rould st,ill liare to be drawn to
11.
\\Then hope had left 118, and when, perhaps, the independence
)f tlic Confet1i:mte Stat,ea mere acknowledged and cslablished, and
owr-thcn to inaugurate a hopeless civil war \vould have been criiniI d have been, by our own honor, forced to go in exile from our ow~i
nat,ire State.
No theory, however sound, can demand this sacrifice. We come to you now, \vhcn
i t is honorable to do 80, to offer yon onr assistance in a common cause, while peril
surronnds us both, and to share with you a coinnion destiny. I t is not possible, in
a n age of honor, that tlic e t m i p will respect the weak, because the people havcrisen
up to vindicate that ranse \\-hichw a y t)et,rayecl b y the State.

With assinxiices of m y high regard, 1 am, sir, your obedient servant,

GKO. TV. JOIIRSON.

Mr. Crawlord offered the following resolution, viz:

Raolz~etl,Chat t.lie I~IonorableHenry C . nurnrtt and the Honorable William E.
Gininis, commi~sionersfroiri t,lie State of Kentucky to the Gorernnictnt of t.hc Confederate Statcs, hc c~nt.itletlto ap car nnd communicate with this Congress on Alonday nest, at one oclock, or at sii h other time as may be most agreeable to them, on
the suhject-niatt,er of their mission;

wliich was agreed to.

On motion of Mr. Bocock, the message and documents mere laid on
the tahlc until b1ond:i.p next, at 1 oclock p. m.
Congress the,n resumed legislative scssion.

SEVEXTEEKTI-I DAY-MOXDAY,

DECEMBER

9,1861.

O P E N SESSIOX.

Congress mct pursuant t o adjournment, and mas opened with prayer

by the Kev. Dr. Johns.
Congress then rcsolvcd itself into sccrct session.
SECRET SESBIOS.

Congress being in secret session,

The Chair announced the folloning names of the new members on
the several committees, to wit:
On the Commjttee on Foreign Affairs-Messrs. Thomas of Tennessee and (.X~ilrof Missouri.

544

JOURNAL OF THE

The Committee on Finance-Messrs.

row of Missouri.

Pet. 9,186l.

House of Tennessee and Con-

The Committee on Cominerce-&Iessrs. Corrin of Tennessee and

Cooke of Missouri.
&limittee on the Judiciary-Messrs. Caruthers of Teiinessee and
Vest of Missouri.
Committee on Naval Affairs-Messrs. Jones of Tennessee and Cooke
of Missouri.
Committee on Military Affairs-Mr. Harris of Missouri.
Committee on Postal Affairs-Jlessrs. Robinson of a h h a m a and
Freeman of Missouri.
On Public Lands-Nessrs. Bradford of Mississippi and Bell of Missouri.
0 1 1 Indiarl Afliairs-A!fessrs. Boteler of Virginia and Clark of Wssouri.
On Territories-Xessrs. De Witt of Tennessee and Bell of Missouri.
On Bccounts-Mr. Cooke of Missauri.
On Printing-Messrs. Roteler of Virginia and De Witt of Tennessee.
A message mas receired from the President, by the hands of his
Private Yecretnry, Mr. Jossel~n.
The (:hair prescnttd a communication relative to the flag of the
Confederacy; which was referred to the Committee on the Flag and
Seal, without being read.
Mr. Walker offered
A resolution instsncting the Committee on the Judiciary to inquire
into the expediency of so amcnding the scquestrtution act as to exempt
from its operations the property of citizens of the Gnitcd States who
went to Europe before thc breaking out of hostilities, etc. ;
which was read and agreed to.
Also, the following resolution; which mas read and agreed to, to wit:
Resob ed, Tlial the Secretary of IVar be requested to cominuiiicate to Congress a
statement of the number ol lroopb now in seryice, enlisted for the war, and of the
States fioni which they hare uolmitecred.

RIr. Curry p r t w n t d R coniniunicm5on from a surgeon in an Alabama

regiment; which was rcferrcd to the Committec on Military Affairs,
without being read.
Mr. Siiiith of Rlabania prcsentcd :i communication from Samuel H.
Lockctt, a captain in tlic Army; which was rcferred to the Committee
on Claims, without bcing read.
Mr. G:u.land introduced
A bill to provide for the ptiymcnt of certain troops raised in the
Indian country;
which W:LH rcad first and second timcs and referred t o the Committee
on Military Afhircs.
Mr. Owcns presented the rneniorial of a receiver i n the State of
Florida; which was referred to the Committee on t h e Judiciary, without being read.
Mr. Yerkins offered a series of resolutions proposing changes of
the rules of the Congress; which wcre read and referred to the Committee on Itulcs.
Mr. Sparrow oEered the following resolution, to mit:
Rrsolued, That hereafter Congress shall meet at eleven o'clock ante meridian, and
that no motion for an adjournment shall be in order until half after three o'clock
post meridian.

PROVISIONAL CONGEESS.

Ucc. 9,1861.1

545

And upon the passage of vvhich he called the question, when hIr.
Crawford moved to lay the resolution on the table, and Mr. Avery, at
the instance of the State of North Carolina, demanded that the yeas
and nays of the whole body be recorded thereon; which are as follows,
to wit:
Alabama--Nay : Messrs. Walker, Smith, Curry, Chilton, McRae,
Robinson, Davis, and Jones.
Arkansas-Yea: Messrs. ,Johnson, Thomason, Garland, and Watkins.
Florida-Yea: il/Iessrs. Morton and Owens.
Georgia-Yea: Nessrs. Crawford, Hill, and Wright. Nay: Mr.
Foreman.
Louisiana-Yea: Mr. Perkins. Nay: Messrs. De Clouet, Kenner,
Sparrow, and Marshall.
Mississippi-Yea: Messrs. Brooke, Bradford, and Campbell. Kay:
Messrs. Harris, Orr, and Harrison.
Missouri-Yea: Messrs. Clark, Bell, and Conrom. Nay: Messrs.
Freeman and Vest.
North Carolina-Yea: Messrs. Avery, Venable, and Craige. Nay:
Messrs. Davis, Smith, Morehead, and Davidson.
South Carolina-Yea: Mcssrs. Miles and Boyce. Nay: Messrs.
Rhett and Memminger.
Tennessee-Yea : Messrs. Atkins and Currin. 'Nay : Messrs. House,
Jones, Dc Witt, Thomas, and Caruthers.
Texas--Yea: Messrs. Hemphill, Waul, and Ochiltree.
Virginia-Yea: Messrs. Scddon, William B. Preston, Macfarland,
HOCOCB,
Rives, Scott, Boteler, I-tiissell, Johnston, and Walter Preston.
Those Statcs voting in the affirmative are,
Arkansas, Florida, Georgia, Missouri, Texas, and Virginia, 6.
Those in the negative are,
Alabama, Louisiana, North Carolina, and Tennessee, 4.
Th c States of lvlississippi and South Carolina being divided.
So t,he motion to lay on the table did not prevail.
The question then recurring upon the adoption of tho resolution,
when Mr. hvcry dcmanded a division of the question, and the question being upon agreeing to the first part of thc resolution of Mr.
Sparrow, which fixes the time of the meeting of Congress at 11 o'clock
a. m., Mr. A ~ e r y ,at the instance of the State of Korth Carolina,
deinanded that the yeas and nays of the wholc body be rccorded
thereon; which are as follows, to wit:
Alabama-Yea: Messrs. Wallier, Smith, Curry, Chilton, Robinson,
and ,Jones.
Arkmsab- Nay : Messrs. Johnson, Thomason, Garland, and Watlrins.
Florida-Yea: Messrs. Morton and Owens.
Georgia-Yea: Nr. Forernan. Nay: Messrx. Crawford, Wright,
and Kenan.
Louisiana-Yea: Messrs. De Clouet, Kenner, Sparrow, and Marshall. Nay: Messrs. Perkins and Conrad.
Mississippi-Yea: M cssrs. Harris and I-Iarrjson. Nay: Messrs.
Brooke, Orr, Bradford, and Cmipbcll.
Rfissoui*i-Yea: X c s s r ~ Frecniari
.
and Ve.;t. Sap: Mmsrs. Clark,
Conrow, and Harris.
North Carolina-Yen: Xessrs. Davis, Smith, and Morehead. Say:
Messrs. Avery, Venalde. Craigc, and Davidson.
C J-YOL

1-04-35

546

JOUR.NAL OF THE

[Dec. 9, 1861.

South Carolina-Nay : Messrs. Rhett, Barnwell, iliremminger, Miles,

and Boyce.
Tennessee-Yea:
Messrs. House, De \Vitt, and Thoruas. Kay:
Messrs. Atkins, Jones, Currin, and Caruthers.
Texas-Nay : Messrs. Hcmphill, Waul, and Ochiltrce.
Virginia-Yea: Mr. Seddon. Nay: Messrs. Wlliain B. Preston,
Macfarland, I3ocock, Rives, Scott, Boteler, Brockenbrough, Bussell,
Johnston, Staples, and Walter Preston.
Those States votinp in the affirmative are,
Alabama, Florida, and Loukiana, 3.
Those i n tlic negative arc,
Arkansas, Georgia, Mississippi, Missouri, North Carolina, South
Carolina, Tennessee, Texas, and Virginia, 9.
So the first part of the resolution WRY not agreed to.
The hour of 1 p. in. liaving arrived, Congreus ~ v o n tinto execntiw
stssion; and having spent borne h i e thercin, again resolved itself
consideration of the lattei- part o f MY.Sparwas, on motion of M r . Davis, laid on thc
table.

On motion of Mr. Sparrow, Congress again resolved itself inlo executive session; and having spent some time therein, again resolvcd itsclf
into legislative session;
W 11 en ,
Mr. Ilarris, from the Committee on the ,Judiciary, introd w e d and
rct:ommcndrd thc passage of
A hill or the adinishion of the State of Kentuclry into the C o n f d emtc States of Anlcrica, HY a nicniher thereof.
Thc bill 1i:~vinglwcn w:td first and serond times, was engrossed, and
read a third tinic; :tnd the quwtion hcing on the p x s q y of the saiiie,
Mr. dolinson of Ai*kitiis:Lh tleitinndcd that tho yea\ and nays of the whole
hich R I - C :IS follows, to wit:
body I,e rctcordad thc
Alabania - Ycn : Jlil
nlker, Sniith, Curry, Chilton, McRae,
hiison, lhonr:ison, C;arl:ind,arid Watkins.

RIil1~~hw11,

Mis.sis+pi --Yw: M c b h r h . IIarrk, B.s1001ic,Br:\dforcJ, EIarrison, and

CLLII I j )1W I I.
Missouri --Yea: i\lc
. Chrk, C ~ o k c(:onrow,
,
Bell, Frecm:tn, Harris, : l n d Vcst.
hortl I (:\ yo1in:+ YP:L:i\Icssus. Davis , A l ~ c r y ,Snl ill1 , &J enon;ell.
Venablc, illorel~c~ad,
(Iinigc, nud Davidsolr.
S c ) ~ ((:il-olina-~c:i:
h
~!f:Cssvs.Khelt, 13arnwpl1, Chesniit, Milps, and
13oyce.

~ennesscc--~~c:i:w s s r s . TIotise, Atliins, ,Jones, De With, Thoinas,

C: 11r rr
in, n n d C:uw t hers.
t

I (?X:i.;--tc~ : IfCH\IN. k n p l i i l l , IjaiiI, and CJchiltree.

VirginkL --YC:l: h h m . Srddon, Willi:~~i115. Y r c S t O l l , Macfarland,
l3ococIc3 liiveli, k t t , Ihtelrr, Ihcl<enbrough, Russell, Johnston,
Staples, and W:iltey Ircston.

Yea: .Uabama, A r I ~ m ~Florida,

a~,
G(wrgi:i. Tmiisi:iiia, ;Mississippi,
Alismii.i, Sorth Caroljna, South (aro1in:t. Tennessee, Texas, and
Virginia, 12.
SO the bill 31 it:, mi:triiiriousl~ ~ L S S C ~ .
J1r. ~ l n l p l r ~ coflcred
ll
on Claims to iiqiiire if any
A resolution inhxcting thc Comirii
hals and deputy iiiarshsls in
legislation wits propcr to compensate 1
thc different Statcs f o r taking the cenbus of 1860;
hich wtis read arid agreed to.
Mr. Cumin ofkrcd
A resolution instrti(-tingthe Committee on the Judiciai*yto inquire
into the puoprietjr of x proposed aiiicndiiicnt of the sequestration act;
which was read and ngiwd to.
Mr. Broclccnhrough introdiiced
A hill aimnclatory of tlic squestratioii act;
n-liich was read first and second tinies find referred to the Coaiiiiittcc
on the ,Judiciary.
JIr. Krnner, fro111 thc Coniniittce on Finance, to whom was referred
;i resolution of inquiry as to tha expediency of dispensing with tax
R ~ S C S S O I Sin the States awiming thcl l-xynwntof thc war tax, reported
the same h r k , x4xd to be diicIiarg(~tlfrom its further consideration,
and tlmt the rcsolution lie on tlic taIil(>;ivliic.11 is agreed to.
31I. Kennel.. froin the s;ti:it (*oninlittee,i o whom WLS referred
A ])ill t o rcycal all t:triff la\\ 5 .
r e p o r t d tlic s t i n i ~back, a 4 c r d to l w diwhargeil from its fiirther oonsidcratioii, a n d that tbc bill lie on the table; which TTB;~ agreed to.
On inotion of J I r . lerliins. thc bill was placed OII the Calendar for
lurt her consideration.
AI r. Conrad. froni the Conmiittee on Sand Affairs, reported and
rccomiiicnded the, pa~qag:of
A bill to authorieo the cnlistnicnt of additional seamen.
1 was i.estd tirbt and wcond tinies, engrossed, rezd third time,
ad, from the hame (wninittcc\, alm i*eportcd m d weomnicndcd the pmsage of
A bill to authorize the appointiiient of t w o additional c*lerksand a
draftsman i n t he J3:~t-gI)cI)artinc.nt;
which was read first xiid second times, engrossed, read third tiinc, :tnd
p:Lsseti.
Mr. Conrad, from the mnic coninlittee, reporled
A hill to authorize tlic transfer of :L certain apptqriatioii;
which \\as read fint arid sccond tiiiics and, on motion, placed on the
Calendar.
Also, a bili to pi*ovidrfo r the :ippoint-nlent of chaplains in the N:tvy;
which W A read
~
first and second tiincs and, on motion, placed on the
Ca1cnd;tr.
Also, a hill to provide for tlic education of niidshipincn in tlie Kutlvy;
which vvxs read first and second times End, on motion, placed on the
(lalend:ir.
J4r. Miles, from the Cominittcc, on Jlilitary Affairs, to whom was
recominittcd
A hill to c~neour:tgethe enlistment of volunteers for the war, reported

back two bills.

JOUBNAL OF THE

[Dee. 9,186

The first,
A bill providing for the granting of bounty and furloughs t
privates and noncommissioned officers in the Provlslonal Army; and
A bill to increase the pay of the Provisional Army.
The bills hziving received their first and second readings, were,
motion, placed on the Calendar, ordered to be printed, and made t
special order for Tuesday at I oclock p. m.
Mr. Miles, from the same committee, introduced
A bill to regulate the mode of filling vacancies of field officers
certain volunteer regiments and battalions;
which was rend first and second times, ordered to be printed, and ma
the special order for Tuesday.
Mr. Miles, from the same committee, to whom was referrcd the
communication of the Secretary of W a r recommending the creation
of higher grades of rank in the artillery service, reported the saiiie
back, that tho committee dcemed it inexpedient to create such grades,
asked leave to be discharged
- from the further consideration of the
subject.
On motion of Mr. Harris of Missouri, tlie report of the committee
was placed on the Calendar.
Mr. Miles, from the same committee, reported and recomi-~lcnded
the passage of
A bill to authorize the Secretary of Par to appoint an assistant.
The bill was read first and second times, engrossed, read third time,
and assed.
A i o , a bill to authorize the appointment of chief buglers and princi a1 musicians to regiments in the Provisional Army;
w ich was r e d first and second times, engrossed, read third time, and
passed.
Mr. Miles, from thc same committee, to whoni was referred a resolution of inquiry as to the expediency of paying f o r cstvalry horses
kilied in the service, not mustered into said service, reported samc
h,ok, asked to bc discharged from its further considcration, and that
the resolution lie on the table; which was agreed to.
Mr. Milcs, from the same committee, to whom mas rcferred a
rnemorial concerning the medical examining board, reported the same
l)~clc,askcd to be dischttrgcd froin its further consideration, and that
the resolution lic on the table; which was agreed to.
Mr. Milcw, from the same oommittw, to whom wan referred iL bill
to providc for. the public safety, reported the saine back, asked to be
clibcharged from its further consideration, and that the bill lie 011 tlie
tahle; tv1iic.h was agreed to.
Nr.Sparrow, from the same committec, to whom was referred a
resolution concerning the b u r n i q and destruction of cotton and other
Productions, rcportcd the same hack, asked to be discharged from its
turther considcr:rtion, and that the resolution lie on the table; which
was ngreed to;
When,
O n motion of Mi.. Sparrow, the resolution was placed on the
CtLlcnctar .
BTr. Spitrrow, f roni tlie same conimi ttee, reported
A bill to provide foi. connecting thc Itichmond and Ditnville and
the North CaroliniL rsilronds f o r niilitary purposes;
which was read first and sccoud times, ordered to be printed, placed
on the Calcntbxr, and made the special ordcr for Thursday next.

FROVISIONAL CONGIRBSS.

Dee. 10,lSOl.i

549 .

Air. Ochiltrcc, froin the same coininittee, reportccl

,2. hill to fix the rxnli- and to providc for the p'tj o i wrtain oGcers
therein nairiccl;
which wab read tirst :ind second times and, 011 his own motion, Flaced
on the Calendar.
Congress then, on motion of Mr. Johnson of Arkansas,
Adjourned until 1 2 in. to-morrow.

Congress being in executive session,

Mr. William E;. Simiiis and Mr. Henry C. Burnett, cornmissioners
froin the Stxte of Kentucky, were received, and addressed the Congress.
Mr. lihett offercd the following rcsolution, riz:
f<esolLed, That the President's message and accoinpanying documents before Congress be referred to the Judiciary Committee, with instructions to prepare and bring
in a bill admitting Kentucky into the Confederacy of t h e Confederate States, upon
an equal footing with the other States of the Confederacy.

Thc resolution was unanimonsly agreed to.

The Chair laid loeforc Congrcss a communication from the President,
transniitting, for tlie advice and consent of Congress, the nominations
of George 1'. Sa~i.burgh,of Virginia; Walker Brooke, of Afississippi,
and Thoiii:is C'. ltcyriolds, of Missouri, to be cornmissioners under the
act for the sequc?tmtion, etc., of the estates of alien enemies, etc.
Also, William 31. Ilandolph, of Arkansas, to be district attorney for
the eastern district of Arkamas;
which, on motion of Jlr. Cliilton, were referred to the Committee on
the .Judiciary.
Mr. Perli-ins offered the following resolution, to wit:
ResolLd, That the Secretary of Congress prepare for the delegation from each
State a list of the nominations froni the respective State*.

The resolution was agreed to.

Mr. Miles moved that all army nomilintions lying on the table, arid
sent in to Congress this session, bo r d e r r e d to the Committee 011
Military Affairs.
The motion prevailed,
And Congress resumed legislative session.

EIGHTEENTH DAY -'I'UESDAY:

DECTCXMBER
10, 1861.

OPES SESSIOS.

Congress met pursuant to adjournment and, in the absence of the

Vice-President, mas called to order by M r . Cramford, who offered the
follo\Fing resolution; which mas read mid agreed to, to wit:
LT'hereas the presiding officcr of this body is unavoidably detained from the 88ssionP of the Congress by indisposition:
I2e it tlicrcfore resoZced, That the Honorable Thomas S. Rocock, a Delegate from t h e
State of Virginia,
be, and he is hereby, chosen the President of the Congress pro
.
tenipore.
I

Mr. Rocock having t,alaken the chair, prayer was offered b y the liev.

Dr. Hoge;
When,

Drc. 10.IS61.1

PROVISIONAL CONGRESS.

551

U ~ O I Jthc subject OC IjiittInts, reported the sa1ne

tmck, iL\Ii(d to he diwhargcd f roni thcir further consideration, and
that the nieiliorials lic 011 thc t:~l)Ic;vliich n a s agreed to.
hlr. Campbell, from the Coniinittce o n Territories, reported back
A bill to organize the Territory of Arizona, and to create the office
of surveyor-general tliercin;
which was, on his own motion, placed on the Calendar, ordered to be
printed, and made tho special order of Saturday next at 1oclock p. m.
MY.Campbell also moved that \\hen the bill should he taken up for
consideration the llcl(~gatc-electJroni A4ri%~lla,
Blr. Oury, be invited
to communicate with thc Congrws pcrsonallj; which was agreed to.
Mr. De Clouet, from thc Committee on AccoLiiith, to nhom was
referred the estiiiiatcs of the Sccretary of Congress f o r tbc fourth
session of Congrcsb, rcportcd the mino back approved by the committee, with the esccption of $500 f o r the use o f t h e Pcnnanent Congress
and 8600 for stationery already provided for by Congress, asked to be
discharged from their consideration, and that they lie on tlie table;
which mas agreed to.
Mr. De Clouet, from thc sanie committee, to whom was referred
the report of the Secrettiry of Congress rcllttti; e to tlic hale of cerhin
furniturt, reported tlie s:~nichwk, with tlic : t p ~ ) r o \ dof the committee,
aslrcd to 1)o disc.liai.gd from its fnrtlier condcration, and thnt the
report lie oil thc kible: whivh \\ >L\ agwcd to.
XZr. I)(>Clonct, from thc hain(? conimittcc, to vhoni was referred
[n reroiutionj of iiiquiiy as to tlic iiccrssilyof :illowing the Secretary of
taiit, rcported the Etme I)acI<,with the opinion
I tho present clerical force of Congr
cient, :&d to be disclitirged from its furthcr conrideratioii, and that
the r c ~ o l u t i o nlie 011 i h c tsl)le; nhicsh w a s agiccd to.
Jlr. 1k Clouct, Froin tltc sairie cotnmittcc, rcported tho following
resolution; which IKH r c d :ind aprccd to, to Tit:

niiiiibvr of 1i:cinoiial.

l k 5 o l i r d , That tlit. 1)ooikeeper 1)c allonrd to 1rec.p oni \ \ h i t (

Congress (luring the
ions, npon mid awitaiit 1x4
assistant Iiaving h c w i
i e dollar per clay as one of tlrr
gress.

The Chair presented w letter of resignntion from Hon. fE. A. Sisbet,

late a Delegate from the State of Gcorgia: which was iead and laid on
the table.
The hour of 1oclock p. 111. having arrived,
Congress proccedctl to the consideration of thc special order of the
day, which was the consideration of the hill providing for the granting
of- bounty and furloughs to privates aiid noncoiiiinissioncd others in
the Provisional Briny.
And the first section of the saiiie I ~ n i gunder vonsideration; which
is as follows, to wit:
SEcmon- 1. Be it eatrcted by the Congress qf the Co@cdn.ctie Roles, That a bounty of
fifty dollars be, and t h e Faille is licrcby, granted to all prixates, musicians, and noncornmisiioned officer3 in thelrol isional Army M ho shall serve ontinnously for t h e
years or for thc w ~ r to
, be paid at the folloniiig times, to \ t . To all now i t 1 the
scrvicc for t \ T elve months, to be paitl at the time of volunteer g or enlisting for the
next tn o enauing J ears subsequent to the expiration of their Itresent term of service.
e for three years or for the ~ a r to, be paid a t t h e expiration
ce. To all n 110 n i a y hereafter volunteer or enlist for three
years or for the mar, to be paid at the time of entry into service.

JOURNAL OF THl?

[Dee. 30, 1861.

Mr. Campbell moved to anlend the same by strilring out therefrom

the following words, to wit:
To all now in the service for thiae years or for the war, to be 1):ticl at the expiration of their first years service.

Mr. Atkins called the question; which wax seconded, and tho vote
having been taken thereon, the amendnlent was not agreed to.
The second section of the bill being under consideration; which is as
follows, to wit:
SEC.2. A n d be it further wmcted, That furloughs, not excecding sistp days, with
transportation home and back, shall be granted to all twelve months men now i n
service who shall, prior to the expiration of their present term of servicc, volunteer
or enlist for the next two ensuing years subsequent to the expiratio11 of their present
term of service or for three years or the war; saitl furloughs to be ipsued at such
times and in such numbers as the Secretary of War may deem most compatible with
the public interest; the length of each furlough being regulated with reference to tlic
distance of each volunteer from his home: Pro,,irlecl, That in lien of a furlough t h e
commutation value in money of the transportation berein ahove granted shall be
paid t o each private, musician, or nonco~nmissionedofficer, who may elect to receive
it, at such time as the furlough itself would otherwise be granted.

Mr. Clark moved to amend the same by striking out therefrom the
following words, to wit:
Sac. 2. And be i t jurthcr enncted, That furloughs, not exceeding sixty days, with
transportation home and back, shall be granted to all twelve months men now in
service who shall, prior to the expiration of their present term of service, volunteer
or enlist for the next two ensuing years subsequent to the expiration of their present
term of service or for three ycnrs or the war,

And inserting in lieu thereof the following words, to wit:

That furloughs, not exceeding Bixty days, with transportation home and back,
shall be grmtcd to all men now in service who shall, prior to t h e expiration of their
prescnt terni of stwive, volunteer or enlist for the war or for three years or for a
period which, added to their original term of enlistment, will make a service of not
less than three ycws.

The amendment was not a reed to.

Mr. Jones moved to amen by insertingafter the word (days the
following words, to wit: and not less than thirty days.
The arnendnierit was not agrecd to.
Mr. Foreman moved to amend by striking out the whole of the
second section.
Mr. Thomiison moved to amend by insorting after the word I war
the following words, to wit:

fi

and to all those M ~ now

O
are in the service for three years or for the war, or who
may hereafter enter the service for such time, and wlio shall have served for the
period of one year.

Up011which motion, Mr. Campbell, at tho instance of the State of

Missisei pi, donlanded tlmt the yeas and nays of the whole body he
rocorde~;which a m :LS follows, to wit,:
Alal)ama-Bay: Messrs. Wallier, Smith, Curry, Chilton, and Jones.
Arkansas-Yea: Mr. Thomason. Nay: Messrs. Johnson, Garland,
and W cttkins.
Elorida-Nay : 1\/Iessra.Morton and Owens.
Georgia-Nay : Messrs. Foreman, Crawford, and Hill.
Louisiaun-Nay: Messrs. De Clouet, Conrad, Kenner, Sparrow, and
Marshall.
Mississippi-Yea: Mr. Canipbcll. Xay: Messrs. Iwris, Orr, and
Bradford.

IkY. 10, 1Uil

IROrTS1ONAL CONCRESS.

553

i+wiiri--\-ci : Messrs. Harris and Vest.

Nay: Messrs. Clari~,
Ucll, Cooke, Conrow, and Frecman.
ilortb Carolina -=Yea.: Mi-. MaBowoi;l. Say: Xlessrs. Davis, Arcry,
Sinith, Vcnable, Moi&cad, and Davidsoii.
South Carolina--Xay : Messrs. Ithctt, Barnwdl, Miles, and Boyce.
Ienne.;see-Yea: Nr. House. Kay: Messrs. Jones, De Witt, Thomas,
and Caruthers.
Mr. Waul. Xay : Messrs. Xeagan, Hemphill, and
Texas-Yea:
Ochiltree.
Virginia: Yea: Messrs. Macfarland, Russell, and Walter Preston.
Kay: Jlessrs. Willinrn 13. Preston, Rocock, Scott, Boteler, Brockcnbrough, *Johnston, and Staples.
Nay : Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi,
Nissonri, Eorth Carolina, South Carolina, Tennessee, Texas, and
Virginia, 12.
So the amendment was not agrecd to.
M i . Hill moved to amend the bill by striking out t h e first and second sections of the same ancl inserting in lieu thereof the following,
to wit:

SECTION
1. Be i t enacted by (lie Conqi e.rs ojilie Coiifederate States, That t h e pay of privates and rioncoiriiiiissioIit.d ofticci s and iiinsicianA now i l l tlie wr\ ice of the Confedcrltt(, Statcs, eriliited for the n a r , b k i J 1 be iiicieaaed four dollars a month, to be
cwiiipntcd ;it that rate irorir t h e firrt day oi January next; and that the pay of pri\ atcs and noncoinniipsionrtl otBcer* and iiin itians \\ ho shall hereafter enlist for the
T\ ar, iiicludiiig all ivho ar(1now ciilistd ~ O V less time than the war and who shall
rcerilibt for the nar, shall br tlic l i k e increahed rate a month, to h e computed from
the date of such rnliitiiient for t h e v a r . And all troops now enlisted for a less time
tlinii the nar and n h o shall reenliPt for the Mar, shall be entitled to furloughs riot
exceeding bixty days, with transportation home and back, at eoch times and in such
rininbcrs aq, i n t h e jndgment of t h e Secretary of War, may best comport with the
rxiyencier of the pullic service
SIX. 2. Be d f w t 1 1 ~ennctrd,
r
That the monthly pay of officers in the military service of the Confederate States, above and including t h e grade of second lientenant,
shall be twenty-fire per cent less than the siini now allowd b y law, to he computed
from the first day of January next

Mr. Atkinn called the question; whichwasseconded, and Mr. De Witt,

at the instance of the State of Tennessee, demanded that the yeas and
nags of the whole body be recorded thereon ; which are as follows, to wit:
Alabama-Yea: Messrs. Curry and Mcftae. Nay: Messrs. Walker,
Chilton, Robinson, and Jones.
Arkansas-Yea: Mr. Thomason. Xay : Messrs. Johnson, Garland,
and Watkins.
Florida-Yea: Messrs. Morton ancl Owens.
Georgia-Yea: Mr.Hill. Say: Mr. Foreman.
Louisiana-Xay : Messrs. Perkins, De Clouet, Conrad, Kenner,
Sparrov, and Marshall.
Mississippi-Y ea: Mr. O n . Eay : Messrs. Harris, Bradford, Harrison, and Campbell.
Missouri-Nay : Mcssrs. Clark, Cooke, Conrom, Bell, Freeman,
Harris, aid Vest.
North Carolina-Kay : Messrs. Davis, Avery, McDowell, Venable,
Morehead, and Davidson.
South Carolina-Yea:
Mr. Boyce. Nay: Messrs. Rhett, Memminger, and Miles.
Tennessee-Yea: Messrs. Ilouse and De Witt. Nay: Messrs.
Atkins, Jones, Thomas, Currin, and Caruthers.

554

JOURNAL 0%THE

[Dee. 10, l k b l

Texas-Nay : Mcssrs. Waul and Ochiltree.

Virginia--;iay: Messrs. Seddon, Wjlliaiii B. Preston, &lacfarland,
Hocock, gives, Scott, Boteler, Brockcnbrough, Russell, $tapleu, mid
Walter Preston.
Yea: Florida, 1.
Nay: Alabama, Arkansas, Louisiana, Mississippi, Missouri, Korth
Carolina, South Carolina, Tennessee, Texas, and Virginia, 10.
Divided: Georgia, 1.
So the amendment was not agreed to.
EXEC~TIVE
DEPARTMEXT,
ILidmontl, Dc.cnizber 10, 1861.
MY. President: The President has this day approved and signed
An act for the admission of the State of Kentucky into the Confedcrate States of
America, as a inember thereof;
An act to authorize the Secretary of War to appoint an assistant;
An act to authorize the appointment of chief buglers and priiiripal musicians to
regiments in the Provisional Brniy; and
An act to authorize the enlistment of additional seamen.
ROBERT JOSSELP N,
l+it cite 8ecreta~~y.

Mr. Johnson of Arkansas moved that thc injunction of secrecy be

renioved from the vote on the passage of the hill to admit Kentucky,
and from the nicssage of the President and the governor of Kentucky
relating thereto.
The motion was agreed to.
Thc question then recurring upon the motion of Mr. Forenmi to
strike out the second section of the hill, thc question mas put, and the
vote huving been tiikcn tliei*eon,
The motion WRS not :~gi*cc.dto.
Mr. Foreman thcn inovcd to amend by striliiiig ont the first and
second sections of t h hill ;tiid inhcrt ing in licn thereof the following,
to wit:
Tke Congvcss qf the Confderatr Q
do enncl, Lhcit in all rcgimcnts a i d hnttalions
to whic4i tlic Ircsidcnt originally wintecl iicltl officers, undrr existing laws, any
vacvrncy that niny o t x w iii the o f l i c ~of~ colonel
~
or lientt.naIit-coloilel stiall bc fillccl
by promotion, a n ~tiny
l vacmicy ill t h e oflice of 1 1 1 ; ~ j wsti:Jl be filled by appoiiitineiit
by the President, by ant1 with thc atlvicc micl c-oiiscnt of Coligrws.

When Mr. Ocliiltrcc ~ i ~ l l ethc

d question: which was wconded, and

Mr. Forcmaii, a t the iri~t:mccof tlic State of Gcorgia, d c n i r ~ n d ~t dh t

the yeas and n:iy~of tho wholc hotly be recorded thereon; which are
to wit:
Alr~baut--N;i~
: Milnssrs. WJkcr, Curry, Chilton, ltobinson, niid
Jones.
.Arltanstw-le:t: MI+.Thoni:isoii. Nay: Messrs. Johnson itnd Gar-

:is follows,

Inrid.
Georgia-Yca: Msssrs. 1~oreiiitmand Hill.
Luuisim:L-Ycn: M r. Mnrh1i:ilI. N ~ L YMessrs.
:
110 Clouet, Conrad,
Kennor, aid Spt)xrrow.
Missixsippi--K:ty: Messrs. Harris, Brooke, Ow, Bradford, IIarrison, and Cuin bell.
Missouri- !
i?
e t ~ :Mr. Harris. Nay: Messrs. Clark and Conrow.
North Ctirolina-Nay : & ! C S S ~ ~D:tvis,
.
Avery, Smith, McDompll,
Venuble, Morehead, arid Ihvidsoii.
Sonth Ctirolint+Nay : Messrs. lthctt, 13t~rriw~I1,
and Miles.
neSs(>e-Yea: 31r. L)e %%t. Nng: Messrs. &1lsc, AtkinS,
Thomas, Currin, and Caruthcrs.

IkY 10 1\61 ]

555

iROVISION~U~COXCRESS.

lc~s:ik--Say: Mesrs. Keagj?ii, T\7:aiil, and Ocliiltrce.

1irgiiiia -Say : 3 h s r s . 11il1i;tiii 12. lreston, Alacfarl:intl, IZocock,
Iii V P ~ ?Scott, I3iwlien hroug ii , Sttiplei, :uid \Val ter lrcston.
Yea: Gcorgia, 1.
Nay: Alahaina, Arliansas, Louisiana, Mississip i, Missouri, North
Caroliixi. South Carolina, lcnnesste, Texas, and irginitb, 10.
Not voting: Florida, 1.
Mr. Harris ~ i i o ~ ethat
c l Congress do now adjourn.
The motion did not prevail.
Tlie third mAioii of the bill Iwing under consideration; which is as
follows, to wit:

SIX. 3. This act shall aplily to all troop- n ho have ~ ~ o l u n t w r eor

d enlisted for a
term of twel\ c iiionths or iiiorc in the wri ice of m y State, who are now i r i the service of the said State and n h o may hereafter rolunteer or enlijt in the service of the
Confedcyate Stater under the pro\ i-ioiiq of the present act.

And there being no slrnciidinerits to the same,

Congress proceeded to the consideration of the fourth scction; which
is as follows, to wit:
SEC.4. h t l be it fwL/tm macfed, That all troops revolnnteering or reenlisting shall
a t the expiration of their present te
ce h a w thc pon er to reorganize theniwives into eoitipiiiw arid e1Pc.t the.
er5, aiicl said coriipnnies shall hare
I cginientwntl elect thcir field ofhl x .fillet1 by proinotion from the
awiw iiiay occur: Provided, That
(r by 1 oiiiotioii or otlterww, in the lowest
pan) said \-acancy phall alv,ays be Med by
the (*dscof t r o o p n tiicli h a r e been regularly
ar Ptntt. prior to thc formation of the Contede r n tririied o\ er to the Confederate Governi i l c ~ n t ,t l i ? ofhceii ~ha1inot I)e clected hut aljpointed a1idl)rolnoteil i n the sniiie maniicr aiitl by tht. t.aiiic authority a<they hnve Ii~retoforebeen appointed aid promoted.

A h . Harrib of Missouri moved to a i m n d the smne by striking out

therefrom the word *haid :uid inserting the following words, to wit:
thv cvniiiiisbioiied ofhers o f .
Af r. lltliiiis cxl1t.d the question; whioh ~ v : i h seconded, and the vote
hnriiip Ixen taken thereon,
The aiiicndriien t was n o t agreed to.
M r . Forcillixrl nio\.ed to strike out the fourth section.
The motion did not prevail.
X r . Curry iriovccl to aiiiwd by striking out the first section of the
hill mid substituting iii licii of the original bill the smoiid, third, and
fourth hcctions, iipoii which he ( d i e d the question; and the call being
bwoiided, thc qucektion was put, and the amendment was not agreed to.
Mr. Thoniasoii iziored as an additional section to the bill the following, to wit:
That furloughs of not leas than thirty or more than sixty days, with transportation honie and back, siiall lie granted to all troops 11 ho hare heretofore volunteered
(ir who may hereafter \olunteer for three years or for thc war, onee during each
t \ s c l \ c nionths of their service, at euch tiulcs and in such numbers as in the opinion
o f the Sccrctary of \\Tar will best comport with the safety of tho c.ouatry and the
bert intercats of the public servicc.

And, :kt the lilrtalicc of the State of Arkansas, demanded that the
yc:m and rmyq of the wholc body hc 1-ecorded thercon; which are as
follo~vs,to w i t :
Alabania---Say :
D&vis,aiid cJoiies.

Xebbrb.

TValker, Curry, Chilton, McRae, 12obinson,

JOURNAL O F THE

[Dcr. 11,18fil.

A ~~:LI~s:Ls---Yw: Mr.Tlioiixison. S a y : Meusrs. ,Johnmn nnd Garland.

(feorgia-Nay: Mr. Foreman.
Louisiana-Nay : Messrs. De Clouet, Conrad, Kenncr, a n d Hpt~rrow.
Mississippi-Yea: Messrs. Orr and OtLmpbell. Nay : Mcssrs. Harris, Brooke, Bradford, and Harrison.
Missouri-Yea: Messrs. Cooke, bireeman, Harris, and Vest. Kay:
Messrs.
Bell, and Conrow.
North Carolina-Yea: Mr, McDowell. Nay: Messrs. Awry, Venable, Morehead, and Davidson.
South Carolina-Nay : &lessrs. IZhett, Barnwcll, and Miles.
Tennessee-Yea: Messrs. Jories m d De Witt. Say: Jltssr<. IIouse,
Atkins, Currin, and Canithers.
Texas---Xay: Mcssrs. Reagan, JVaul, and Ochiltrec.
Virginia --N:LJJ: Messrs. Yeddon, William 13. Preston, Macfarland,
Bocock, IZives, Scott, arid Stttples.
Yea: Missouri, 1.
Nay: Alabama, Arkansas, Georgia, Louisiana, Mississippi, Korth
Carolina, Soixth Carolina, Tennesscc, Texas, arid Virginia, 10.
Not voting: Florida, 1.
So the anieridment was not agreed to.
Mr. Atkins: called the question, which was upon ordoring the bill
to be engrosscd for B third rending; and the call being sustained,
The bill ' w t ~ sengrossed, read a thii-d time, and passed.
The Chair, iinclcr authority of :Lresolution of the Congress, appointed
Mr. Currin of Tennessee an additional iiicrnber of the Comniittec on
Naval Aff:ti rs.
On motion of Mr. Sp~irrow,
Congress then :kdjoitrncd until 12 o'clock m. to-morrow.

NlNI3TEE:K'1'1 I DRY -- W 1i;I)N I<YIlRY, T ~ C I ~ M I W R 11, 1861.

O P m i SESSIOX.

Congress mot pursuant to ailjom.niiic:nt, mil w'as opencd with prayer

by tlto licv. L)r. IIogc.
Congregs then rcsol.rwl itself into
Congress being in secret scssion,
MY. Orr, froin the Committee on I<ngrossnient, reported as correctly ongi~osscd:utd cnroliod
An a(% providing for tho grtinting of bounty arid furloughs to privates tind nonc.oinuiiasioried dlicers i n tlw l'rovisionnl i h x i y .
Mr. Wright, by goncial coascnt, ofrfcred
A msolution instruetii~gtlic Cominittco on Accounts to inquire into
tho uxpedicwvy of reporting
A bill for tho p:ijwioiit of carriers of tho returns from t h e respcctive Sttltes to the cai)ital;
which IVUH read rtnd ngrced to,
M r . Ilill ofiered
A resolution instructing tho Committee on Military Affairs to inquire
into the pro ricty of appointing chxp1:h)s to the hospititls for the sic'k
tinct

woiindct ;

wvhioh r v w r e d and agreed to.

Ilcc. 11, 1861.1

IBOVISIONAL CONU.BESS.

557

Mr. Garland offered

A resolution providing that Congrehz take a recess from the 21st
instant of Ilcccmbcr nntil 13th day of January;
which was laid on the table.

Mr.Curry ufferctl

A resol~itioninstructing the Committee on Military Affairs to inquire

wlietlier the penal bonds of commissaries and assistant commissaries
are sllflicient.
Ah-. Scott offercd
X resolution instructing the Committee on3lilitary Affairs to inquire
into the expediency of increasing the Engineer Corps of the Arniy;
which was read and agrecd to.
Mi. Caruthers, f roni the Coininittee on the ,Judiciar;, reported back
and rcconimended the passage of
A bill to divide the State of Tennesscc into three judicial districts;
which r a s engrossed, read third time, and passed.
Mr. Cmwford, from the Coininittee o n Commerce, reported back
and recomnianded tlie passage oi
A bill to make penal the transportation and sale of cotton, tobacco,
sugar, rice, niola s, sirtip, and naval stores;
which was engrossed, rend third time; and
On niotion of Mr. Ihrnwell, was ordered to he printtd and placed on
the Calendtw.
Mr. I(lcnncr oifcrccl thc l o l l o ~ing resolntion, to wit:
I;( POZI i d , T1i:it I\ licii Congrcw atljniii 11s on ITetlnrday ncst, the eighteenth
imtaiit, it adjouin to nietit on MondNy, the thirtrentli day of Jantiary next.

Mi-. G i i r h d moved as i~ substitute for the same the following, to

wit:
RmoIc ct?, That Congre~stake a recess from Saturday, twenty-first December, to
Thursday, the second day of January next.

A h . I h n n c r moved to amend the substitute by striking out therefrom Saturday, twenty-first, and inserting in lieu thereof Wednesday, eighteenth, and by striking out Thursday, second day, and
inserting i n lieu thereof Monclay, thirteenth da-.
The aniendincnt was ,zgi.eed to, when MI.. Cnrry called the question;
which was upon agreeing to the substitute of MY.Garlarid as amended
by Mr. Kenner.
And the cail being sustained,
Mr. Ochiltree, at the instance of the State of Texas, demanded that
the yeas and iiays of the whole body be recorded thereon; which are
as follows, to wit:
Alabama-Yea: Messrs. Curry and Jones. Kay : Xessrs. Walker
and Robinson.
Arkansas-Yea: hlr. Garland. S a y : Messrs. John3on, Thomason,
and Watkins.
Florida- Yea: Mr. Morton.
Blessrs. Foreniriri, Crawford, Hill, JVright, and
Georgia-Yea:
Icenaii.
1,ouisiana-Xay: Messrs. Ierkinr, ne Clouet, Rcnner, and Spar&

YOW.

RIississippi-Ye&: 31r. Harrison.

snd Campbell.

Say: Messrs. Brooke, Bradford,

558

JOUXNAL OF THE

[Dee. 11.1861.

Nissouri-Yea: Messrs. Clark and Cooke. Say: Mesars. Httrris,

Conrow, Vest, Freeman, and Bell.
North Carolina-Y en: Messrs. Averg, Smith, Venahle, Craigc, and
Davidson. Xa37: Pvlessrs. Davis, McDowell, and Morehead.
South Carolina-Yea: Mcssrs. Bhett, IZarnmell, a n d Milcs. Xay :
Mr. Boyce.
Tennessee-Yea: Messrs. Atkins, Jones, De Witt, Currin, : L n d Gtruthers. Nay: Mr. Thomas.
Texas-Nay : Mcssrs. W a d and Ochiltree.
Vir inia-Yea: R/Icss~*s.
Seddon, Williani 13. Ircston, Macfarland,
Bococt, Hives, Scott, 13rocltcnbrough, Johnston, Stitplcs, and \Valter
Preston. Nay: Mr. Boteler.
Yea: Florida, Georgia, North Carolina, South Carolina, Tenneshee,
and Virginia, 6.
Nay: Arkansas, LouisitmL, Misiissippi, Missouri, and Texas, 5.
Dividcd: Alahmw, .I.
So the substitute as aniendecl was riot agreed 60.
The question then recurred lipon agreeing to tho original wmli1tion
of Mr. Kcnner;
When,
Mr. Thoirrasori inovecl to lay the sRme on the tahlc and, a t the
instance of the State of Georgia [Ark:msas ?I, dcni:mded that the yeas
arid nays of the whole body be recorded thcrcon; which :~rcas follows,
to wit:
Alabnma-Nay: Messrs. IValker, Curry, Chilton, Robinson, :tiid
Jones.

Arkansas-Yca: Messrs. Lholuason tind Watltins. Nay: Messrs.

Johnson and Q:wland.
Florida --A?:L~: M r . Morton.
GeoTgia - Nay: I\Iessrs. Fortm~ri,IIill, IYright, mid T<cn;ui.
Loulsiaiia-Yca: 311.. Icrlcins.
Nay: Messrs. nc Cloiict, Kcnncr,
mcl Sparrow.
Mississippi-Yca: RIessrs. IIarrison :itid (htip1)cll. Nay: Jicssrs.
Brooke and Bradford.
Mi ssou ri--Yc:x : Mcssrs. (11 ark, ( loolcc, ( h i I ro I+ , V cat, t i n d ki*cet m11.
Nay: Mcssrs. 1I:irris arid 13~11.
North (hrolintL - Yea: M~ssr*.I h v i s xiid Vcn:Ll)li:. S t ~ y :ilfchhrs.
A v ~ r y ,Biuitlt, Mt+Dowc~ll,M ~ t r d l d Crtiigc,
,
sncl lhvidson.
South C ~roli
L nn--Yc:i : h1 s. 1CllOtt illld IZoycc. Nay: iLlChSl~S.
l3arntvcl1, Mcitnn i ngcr, :inti
oc --Yw:
Mr. IEousc!. Nay: Nessrs. Atkins, rJoncs, I )c \lit,t,

Yca: Missoiii-i :tiid Virginia, 2.

, Louisianii, Worth C:trolin:I, S o u t h

Dividctd: Arli;krlsil\ i t t l d Missizhilgi, 2 .

So the nwtion \va.; lost.

MY. Curry ciillcd tlio qucstioii; \vhi(.li

resolutioti of
When,

Mr. ICenneq

wis

upon thc :Lcioption o f the

I)(( 11 1?01 1

IROVISIONXI,

CONGlEESS.

559

1\11.. Rhctt, a t tho inhtance of tho State of South Carolina, demanded

that the yeas and nays of the whole body be rccordcd thereon; which
:arc as follows, t o wit:
Alabama-Yea:
3Iessrs. Walker, Chrrj , Chilton, Itohinson, and
,Jones.
llrkanwq- Yca: Jleshrs. ,Johnson and Garland. Nay: Messrs.
711 0111 R W 11:I II d ilat ki
Florid:L-- Yc:i : Nr.
Georgia-Yea: Me
Foreman, Hill, and Wright. Nay: Mr.
Crxwf o rd .
Louisiana --l-e:i: Jicssrs. Dc Cloiiet, Kenner, and Sparrow. Nag:
31r. Ycrkinr.
~ 1 i h ~ k s i p p i - ~ a yMessrb.
:
12rooke, Bradford, IIarrihon, and Gaiiipbell.
Jli?hoiiri--Yeti: Mcssrs. Harris and Bell. Nay : Messrs. Clark,
Cookc, (:oiirow, Vest, :tnd Prcenian.
Nor.tEi Carolina-Ycs: Mcssrs. Awry, McDon-ell, iMorehead, Craige,
a n d Jhvidzon. Nay: Rlessrs. Davis, Smith, and Vcn:LLblc.
South Carolina- Pcn: R I C b s s . Barnwell, Mcmminger, and Miles.
Nay: ;1\Z~shrs.
Khett rid 13ogc~c.
Y e n : Mcssrs. Atkins. Jones. Ile Vitt, Thoniac~,and Cur-

l h g : 111, Mtuil , x i 113 Ocb ilt rcr ,

l\7altcr lrcston. Say : 3Icsbrs. Scddon, \Vil~rl:md,I30coc~li.Kii e?, Scott, ISotcler, UrockP I I I ) ~ Y ) I L;lohn\ton,
~~,
x11d Stnplcs.
Yen: AIal)ania, Floricla, Georgia, Louisiaiia, Xorth Carolina, South
CIRrolina, ICIIIICSW,: I I ~rl~>lah,8.
Kay: Nississippi, Jliisouri, and Virginia, 3 .
Divided: Arlm11~21~,
1.
So the rcsolutioii u n ? adopted, :~ndi k :is follows, to wit:
)iigi

)aiii

ess :ttl~miriison \\ednexlay nest, the eighteenth Decemo i l Jlontlay, the tliirteeiitli day ot Jaiiuary next.

Ihc Chair p r e m i t ~ dcertain cstiniatc.: of the Secretary of the Treasu r y ; which u w e refcrimi to the Corriinittce on Fin:ince, without hcing
red.
The lioiir of 1 oc~locli1). 11:. having :trrived,
(hngrehs proceeded t o thc consideration of the speci:Ll orclcr of the
day, v hicli w s b
A bill to increitw tlio p a j ~of the Irovisional Army.
E X B C ~ T IDE:PARTXIENT,
VE
Richmoncl, DecemhPr 11, 1861.
MF.PresitSent: The Presiclcnt litis thi, (lay approved and signed
A n act providing for the granting o t bounty and furloughs to privates and iioiicoinmisioned officers in the Iroi isioiial Ariiiy.
ROBERT JOSSELYN,
lrmzfe 8ecretary.

Mr. McRao, from tho Cornmittec on Engrossment, reported as correctly engrossed and enrolled
A n act to divide thc Stat(. of rIIenii cc into tbi-ec j iidicixl districts.
A h . Curry off crecl :I> :I ,.ul).tttute f o r thc )>illthe following, to wit:
SECTIOY
1. BE11 i ~ ~ t ectc.,
d , That t i r r i i i ~ n t h ~ y p aofy allofficers 111the Provisional
A r m y 01 t l r r Contederate States, abo: c: :itid incloding the grade ot second lieutenant,
&ali be tNenty-five per cent lets tliaii tlic uin no\\ allowed by law.

560

JOURNAL OF THE

[Dec. 12,1861.

Pending the consideration of which,

Congress, on motion of Mr. Waul,
Adjourned until 1 2 in. to-morrow.
EXECUTIVE SESSIOPJ.

Congress being in executive session,

Mr. Garland, from the Committee on the Judiciary, to whom was
referred the nominations of John C. Nicoll to be Confederate district
attorney for the State of Georgia, and William M. Randolph to be
Confederate district attorney for the eastern district of Arkansas,
reported the same back and recommended that Congress advise and
consent to the same.
The report was agreed to, and Congress advised and conscntcd to the
said nominations.
Congress then resumed legislative session.
TWENTIETH DAY--THURSDAY, DECEMBER12, 1861.
OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prajer

by the Rev. Du. Johns.
Congress then resolved itself into secret session.
SECRET SESSION.

Congress being in secret session,

Mr. Clark offered the following resolution, to wit:
Resolaed, That the injunction of secrecy I F removed from the Presidents message
and the accom anying dociinients i n relation to the admission of Missouri as a nicniber of the Conkderate States.

Mr. Garland movcd to refer the resolution and the documents

referred to in the same to a special corninittee of five; which was
agreed to; and
The Chair i n obedience thereto ;tnnounced the following coinniittee:
Messrs. Garland of Arkansas, C1:~rkof Missouri. Curry of Alabama,
Kenrier of Louisiana, and Currin of Tcnncssee.
The Chair presented a communication from the President; which
wns read and, with the accompanying documents, referred to tho Comniittec on Fiiiaiice, and which is as follows, to wit:
!ro the (%ngrrss of /he Coi~fcdcrctle8tntc.u.
I iiercwitli c.oitiiiiuiiic.:Ite to Congress an act of tlic provisional gorerntiieiit of h n tufky, to appoint :I coinniissiontx to tho Confetleratc Statcs of Anierica, on the subject of banks; arid also the coiriniission of John 1). RIorris, MI., ~ h 110s
o been d~11y
accredited to me as the commiusioricv appointed nndcr snicl w t .
I t appears from the terms of said :let, that xarious banks in Kentucky have, in
violation of tho State c*onstitiitioii,at t l i c t1ict:ition of torrign military power, conin t tic siibjiigatioii of the people of Kentucky;
tribtited large sitins of monc~yto
that the State of ICciituclry ii a
holtler 111 i:titl l)nn!iq, the stock having been
purchnsed with the f w i d ~ntisetl I)y taxation of nll the pc~)plc,and is entitled to control the said fnnds nnd to prcvcnl ttictr being usc~clfor the ~ ~ b j u g a t i of
o nher people.
To prevent such injuuticc, the act ar~tlior~zcs
the govelnor to appoint a caoinmissioner to procecd to the capital of the Coiifetlcrate States; to confer with the proper
authorities a8 to the most practicablc iiiamer ot securing all moneys and other akhets

561

PROVISIONdL CONGRESS.

Dec. 12,1661.1

of said t-ianks; and the Confederate State7 are requested t o cooperate with said
comiiiissioner in securing said moneys and asscts.
I n pursuance with the request of the provkional government of Kentucky, I submit the matter to your consideration and invite such cooperation as you may deem
i t advisable to afford.
JEFEEBSOS rjI\vIs.
Rrclrxosrl, TA.,Dec*eidm*11, i%1.

Congress t h t n resolved itself into executive session; and having

s p n t some time thercin, again resolved itself into legislative session.
Mr. Rhctt, at the instance of the State of South Carolina, moved t o
reconhider t he vote by which th e resolution of Mr. Kenner, relative to
a n adjoixrnmcnt, w a s passed by the Congress on yesterday.
J4r. Foreman called the question; whicli mas seconded, and the vote
haring been t&en thereon, the motion to reconsider was agreed to.
JIr. Rhctt iiiovcd to amend the resolution by strikin out therefrom
thc vt ortl " adjourn " nricl by inserting i n lieu thereof t e words '' take
a 1'ccess."
The aniendment W ~ L ; agreed to.
Nr. Rhett iiiovcd furtlicr to amend by adding at the cnd of the
resolution the following worcis, to wit: "and that members shall
receive their milcage during suid recess."
Mr. Il7azul inovcd t o :tinend the aniendment by adding thereto the
following woids, t o wit: "but they shall not receive any per diem
dnring said rcccss."
hlr. licnncr ~a l l e t lthc, ( l i t ion; which was seconded, and the vote
h:tviiig been ttdten t h c r c ~ ntho
, amcndimnt, to tlie :inicndmeiit W R riot
~
agreed to.

ffi

EYECUTITE
DEPARTMENT,
Richmond, December 19,18G1.
XY.P r e s d m f . Tlic PreGitlent f wthis (lay approved and signed
An act to (livide thc State of Tciinesqee into three judicial districts.
ROBERT JOSSELl'X,
Prkute Secretcrwy.

1 1 ~ Atkin,
.
then nioved to lnj- the titiiundnicnt of Mr. Rhett on the
tahlc; and
The iiiotion was agreed to;
Whcii,
Mr. Vcnable offered as a substitute for thc resolution as anicnded
thc following, t o wit:
That any mcnilxr ~~1ioc.e
engagements of lmsiiiess or otherwi-e xiray render temporary absence desirable be priviiegetl to 1)e absent from attendance on the Congress
froin t h r ciighteenth of 1)ecemher to the thirteenth of January next.

I'pon which Nr. Harris of Mishissip i demanded that the jcas and
na-s o f t h e whole body hc recorded; TT ich are as follows, to wit:
Alabarna-Yen:
A h . Smith. Say: Xessrs. IValker, curry, Chilton,
Itobinson, and Jones.
Arkansas-Y ca: Xr. Thomason. Say : Messrs. Johnson, Garland,
anti IYatkins.
E'loridn-Kay : 3fessr.s. Morton and Owenh.
Goorgin --Yea: Mcssrs. Toornbs, T. R. R. Cohh, and Kenan. Xay:
Messrs. Foreman, Cravford, Hill, and Wright.
Louisiana-Yea:
llessrs. Yerkins and Conrad. Nay: Messrs.
Do Clouet, Kenner, and Sparrow.
Jlississippi--Pea: ,Ile3srs. Harris, Brooke, Bradford, Harrison, :tnd
Campbell.

C J-TOL

1-0&---%

JOURNAL OF THE

[Dee. 12, 1861.

Missouri-Yea:
Messrs. Clark, Cooke, Harris, Conrow, Vest,
Freeman, and Bell.
North Carolina-Yea: Messrs. Davis and Venable. Nay: Messrs.
Avery, Smith, McDowell, Morehead, Craige, and Davidson.
South Carolina-Yea: Mr. Boyce. Nay: Messrs. Rhett, Bani well,
and Memminger.
Tennessee-Yea: Mr. House. Nay: Messrs. Atkins, Jones, Dc Witt,
Thomas, Currin, and Caruthers.
Texas-Nay : Mr. Waul.
Virginia-Yea: Messrs. Seddon, Tyler, Bocock, Brockenbi.oug.11,
Russell, and Johnston. Nay : Messrs. William B. Preston, Macfarland, Rives, Scott, Botoler, Staplcs, and Walter Preston.
Y ea: Mississippi and Missouri, 2.
Nay: Alabama, Arkansas, Florida, Georgia, Louisiana, Korth Carolina, South Carolina, Tennessee, Texas, and Virginia, 10.
So the substitute was not agreed to.
Mr. Mhett called the question, which mas lipon t,hc adoption of the
resolution as amended; and the call being sustained,
Mr. Freeman, a t the instance of the State of Missouri, denianded
that the yeas and nays of the whole body be recorded thereon; which
are as follows, to wit:
Alabama-Nay: Messrs. Walker, Smith, Curry, Chilton, McRae,
Robinson, and Jones.
Arkansas-Yea: Mr. Garland. Nay ; Messrs. Johnson, Thomason,
and Watkins.
Florida-Yea: Mr. Morton. Xay : Mr. Owens.
Oeoi-gia-Y ca: Messrs. Fownian, Crawford, Hill, Wright, and
Kenttn. Nay: Messus. Tooinbs and T. 1%.
13. Cobh.
Louisiana-Ym: Messrs. Dc Clouet, Kenner, and Sparrow. N a j :
Messrs. l'crkins and Conrad.
Mississippi-Nay : Messrs. Harris, I h o l c e , Bradford, Harrison, and
Campbell.
Missouri-Yea: MI-. I3cll. Nay: Messrs. Clark, Ilarris, Conrow,
Vest, arid Froeman.
North Carolina-Yea: Messrs. Avcry, Smith, McDowell, Morehcttd,
Craige, and Davidson. Na,y : Mcssrs. I k i s and Vrnable.
South Carolina-Yea: Mr. 13arn1vell. Nay: Messrs. Rhett, Memminger, and l-3oycc.
Tcnnessec--l'ca: Blessrs. r J ~ l i De
~ ~ , Witt, Thomas, Currin, and
Carut1hol.s. Nay: hlr. IIOUSC.
Texas-Nay : Mr. Waul.
Vir *inj:+-Ycrr: Messrs. Scott, Johnston, Staples, and Walter I'rcston. %ti,y: Mcssrs. Scddon, William 13. Preston, Tyler, Macfarland,
and Russell.
Bocock, Rives, BBotclt.r, 12rocltenl~ron~h,
Yeti: Georgia, 1 miisiana, North Carolina, arid Tennessee, 4.
Nay : Altthritt, A rli-tbnsas, Mississippi, Missouri, South Carolina,
Texasz and Virgini:), 7.
Divided: Florida, 1.
So the motion to adopt the resolution as mended did not prevail.
Congress then proceeded to the considerat ion of the unfinished business of yesterday; which WLS the hill to incrraso the pay of the Provisiond Army.
Mr. Harris moved to amend the smie by striking out therefrom the
words " aonconimissioned ofJiccrs."

31r. Sparron- moved to lax the bill and all pending aiiieridiiieriti on
the table xiid called the question; which w:ts seconded;
TT11c11,

Xr. IYilliani I3allard lrcstoii, a t the instance of the State oC Viro.iriii~,dcinanded that the J-eas and nays of the whole body I)c recorded

tliereou; which arc :i-j follon-h, t o \+it:

tl)ania-Yea: Mc s. Walker, Smith, Curry, and Mcltac. Say:
R. Robinion and cJones.
1;anias-Yea:
Mcssrs. Johnson. Garland, and Wstkins. Say:
3ir. Lhoniason.
Florida-Yea: N r . Owens. Say: l i r . 3Iorton.
Georgia-Yea: N e w s . Tooiii1)s, Crawford, Hill, IVright, T. lt. li.
Cohh, and Keiian. Nay: Mi.. Iot.ct:i:iil.
Louisiaiin -Yea: Nessrs. De Clouet, Conr:td, Kcnner, and Sparrow.

ris. 12rooke, I-I:mison, :mi Ctznipbell.

Xissouri-Yew: Nfessrs. Conrow, Vest, and Erecmui. Kay: Messrs.
Clark, Cookc, and I h r k
North Cnrol ina--Y;ca: Xessrs. Ilaris, Ven;tl)le, :nid t h i g e . Say:
Messrs. A w r y , Smith, hlcD
11. Morehead, and Ihridson.
South Carolina-Yea: Me
Bhctt, Barnwell. hfcnimingcr, :uid
Boy ct..
Iennri>ec-1-c;~: N r . Tlionia~. Nay: I\Iessrb. llouhc, htliins,
J o n c ~ I, h TYi tt, Chrrin, i r i i d Caruthrrr.
Texa.: -Yw: Mr. TTaul.
V irginia-Ye:i : 3 1 ~ ~ Scddon,
s ~ . 3Zacfarl:ziid. Scott, and ,Fohnston.
Kay: ?tlcssrs. \Villiaiii 12. Ireston, Tyler, Rives, Boteler. 12rockcnl)rongli, Russell, Staplcs, and \\alter lrwton.
Tca: Alab:iiiia, Arkansas, Georgia, Louisiana, Blississippi, South
Carolina, and Lexas, 7.
Nay: Korth Carolina, Illiiii(wer, and lirginia, 3.
Ilirided: Florida atid Missouri, 2.
So the motion to kiy or1 the table prevailed.
0
1
1niotion of Air. Sparrow,
Congress then resolved itself into executive session; and liaving
spent some time therein, again resolved itself into legislative session.
Thc hour of 1 oclocli p. m. having wrived,
Mr. Morehead m o x d to suspend thc consideration of the special
order of the day, f o r thc purpose of a call of the States for bills, resolutions,
etc.
r ,
I h c motion \vaq not agreed to.
Arid Congress proceeded to the c~onsider~tion
of the special order of
thc day; which wab
Ai hill to regulate the inode of filling vacancies of field oficers in
cc>rtainvolunteer reginients and batta1ion:s.
Mr. Cur1-y moved, as a proviso to the bill, the following. to wit:
IPo,iile(l, Gait1 appointment of major sliall be made fr& the officers or privatcs of
the battalion or regiment.

On iilotiotl of blr. IIitrris, the further c~)nsiclcrutio~r

of the bill was
IxApunccl for the 1)rcwit.
Mr. Johnson of Arkansas moved that Congress do tiow adjourt~.
Upon which motion Mr. Curry called for a vote by States.

,564

JOUJCNAT; O F THE

[Dcc. 13,1861.

,ind the rote having been taken thereon, resulted as follows, to wit:
Yea: Arkansas, Florida, Georgia, Mississippi, Missouri, South Carolina, and Virginia, 7.
Nay: Alabama, Louisiana, Sort11 Carolina, Teniies~ec,arid Texas, 5.
So the motion prevailed, and the Chair declared the Congress
adjourned until 1 2 in. to-morrow.
EXECUTIVE XESSIOX.

Congress being i n executive session,

Mr. Garland, froni the Committee on t>he,Judiciary, to whom had
been i,eferred the nominations of George P. Scarburgh, Wallwr
13rookc, and 'L'honi:L,s C. Reynolds, as comniissioners under the act for
the sequestration of the pro erty of alicn enemies, ctc., reported the
samo back and rccommendc that Congress advise nncl consent to the
same.
The report TWS agreed to, nnd Congrebs advised :tud conseritctl to
thc said no1nin:itionr.
The Chair prcqcnted to Congress the following aonllniinictttioii f m n i
tho President, viz:

(f

Ilrcnllosl~,1-L , I)Pcelithei. I I , l S G l
To the CYoiegretx of the Confedemte &lies:
I noininate John G. Walker t o be brigadier-gcncrnl in the I'roriuional Arniy, agreeably to the recommendation of the Secretary of War.
JEFk7J3RSOS DAJ71S.

Tho cointiiuiiic,stion w:t$ referred to the Cormlittee 011 Military

Affairs.
The C h i r also h i d hefore Congress ti cornmunicalion from the Presidciit, subinittirig for thc constitntionxl action of the body, treatics
recently matle with the Chiclahaw a n d Choctaw, Creek, Seminole, and
Chcmlccc tribcs o f Indkiris; which were, with the ac+companyingdocnnionts, rcferrcd t o the Coiiirriittcc o n 1ndi:Ln Affairs, with instriictiotis
to >rintsnch p p r s w1:ititig t o tho sii1)jcct as they may think propcr.
bongrcss thcn rcsuineil inisiiicss i n 1qisl:ttiw session.
!L'WENTY-FllWT DAY

1'WIJ>.2Y,

~ C E M I W I L13,

1Stil.

Dec. l:i,1RGl.j

PROVISIONAL CONGRESS.

565

hich w:ih rcfcrrvl to tlie Corumittw o i i Jlilitiil) All'airs, wjt2iout

being rc:tc?.
Mr. 'I'homah~niiitrotlixccd
A i*ciol:ition instructing- the Committee on the Judiciary to inquire
into the eapxliciicy of coinpensating marshals for taking the census of
1860, and al-o jailors, for hccping prisoncrv of the Confederate States;
which was i*cadxiid agreed to.
1\11..TVright prc-cntcd the memorial of sundry citizens of Georgia,
pi.aying rc1lic.i f~.oiiitlic provisions of the sequcstratioa act; which w:ts
,d t o tho Coininittee oil the Judiciary, without being rend.
TI

A bill to perpetLixte testimony in cases of slaves abclucted or harborctl 1)ytlie criciny, and of other property s e i e d or clestroyrd by them;
which was read first and second tiine.; and i.eerred to the Committee
on the ,Judiciary.
N r . Yest introduced
A bill to pledge the credit of the Confederate States of Americn for
certain b o n c l ~of the St:lte of Missouri;
whivh was read first and scrund tinics and rcfcrred to the Comniittee
on Finance.
1\11.. Davis presented the iiicrnori:il of sundry citizciis of Xortli Girolinn rclntiye to chaplains in the Ariny; which \ysuj referred t o the,
Coiiiniittrc on Military .Afhir\, Tvithout being read.
3 i r . J o i : c ~introduced
A Ijiil to authorize tlie Sccrc~lnryof \Tar t o : k i d i t and settle the claiins
of a&t:ttit qiinrterni:tst , conunimwie,s, m d surgeons previous to
thcir appoint iiicrit 1)sthe Confcderat c States;
which wts rc~iilfirht mid sccaoiid timcs and rcfcrred to the Committee
on JIilitary Aiftiirs.
Air. ,Johnson o f Arlwnsas otffered the following resolution ; which
was rcad and xgrwcl to, t o wit:
RP>OI~
id,That the, incssage of tlie President, comniunicating the rcport of Comrnii~ioricr I'ikc, aiitl the Indian trcatics, a~ alho tlie said repoit, be printed, and
that tlie Coniinittee 011 Iritiitm Affairs lje ituthorizcd to be caused to be printed any
o f tlic cioc.nnit 11:s at coiiipmyii~gtile iiiweiipe \rliich may appear to theiii neeeesary
strid

proper t o l w printed.

Air. House off'cred

A rekolution iiistrncting the Committee on Sar-a1 Affairs to inquire
into the cxpcdi6ncy of constructing oii(: or more gunboats for the
dcfenhe of the C I ~ ~ i ~ i l ~ c ~Rivei.,
. l : ~ t i dctc. ;
which w::s read and agrcetl to.
A h . M o w head prehcnttd the wsolutions of coufidence in our cause
of war and i n the President :md Arniy, passed by the convention of
tho Stntc of S o r t h Carolina.
On motioti of Nr. Vennble, the injunction of secrecy was removed
from the satnc, and thry ~.erc,
ordered to he puhlished.
Mr. Ciwrin pi*chpnted the memorial of certain citizens of Memphis,
Tenii., pr:iying rclief for the widow and children of A. 31. ]Br.)'akl
from the pror-ibions of the scquebtration act; which as referred to
the Corniiiittce on the Judiciary, withoiit being read.
Air. Alliiils presentecl the niemorial of John ti'csley Hughes; which
war referred to t h e Comniittc.e on the Judiciary, without being read.
R1r. Brockenhrougli aslicd and WZLSgranted leave to withdraw from
t h e Calendar and recommit to the Committee on the Judiciary two

JOURNAT, OF TEE

IDec. 13, 1861.

; One, a bill regulating thc fccs o f clerks :111tl ~ ~ ~ r d l the

d s other,
;

1to regulate fees of district attorncjs and ~oniniissioncrs,and for

rlis, and for other purposes;

rst and second times and referred to the Committee

Also, a bill to amend the act relative to the fees of the attorneys of
tho Confederate States;
which was rcad first and second times and referred to the Conlnlittee
on the Jndiciary.
Also, a bill to regulate the compensation to be allowcd commissioners of the courts of the Confederate States;
which was read first and second times and referred to the Committee
on t h e Judiciary.
Also, a bill regulating the fees of marshals, and f o r other purpcses;
which was r e d first and second times and referred to t,he Committee
on the Judiciary.
Mr. Tyler presented the inelnorial of Maria G. Clopton; T-cliich vas
referred to the Committee on Claims, without being read.
Also, the petition of Robert Is. Craddock, messenger of the President; which was referred to the Committee on Finance: withont being
read.
Mr. Brockenbrough introduced
A bill authorizing the transmission of pamphlets and newspapers
free of postage to the soldiers in the service of the Confederate Sjthtw;
which was read first and second times and referred to the Committee
on Postal Affairs.
Also, n resolution iristructiiig the Committee on Military Affairs to
inquire into tlie expediency of auditing and paying the accounts of
certain military officers appointed by Brig. Gen. Henry A. Wise;
which was read and agrccd to.
Mr. ICenner, from the Committee on Finance, rcxported
A bill snpplenwntary to an act to anthorize the isme of Treasury
notcs, aiid to proyide a war tax for their redemption;
which was read first xiid second times and, on niotion, placed on the
Ctzlendar and ordcred to be printed.
Also, a bill further wpplcmentary to ;Ln act to authorize the issue
of h2~sur37notes. anti to provide it war tax for their redemption;
which WRS rctid first and sccond tinies and niade the s p & d order for
S:LtJurday,alter the consideration of the Arizona hill.
The h o n r of 1oclock p. 111. having arrivcd, the honr for the consideration of tho spwial order of tlie day, which was tho hill to authoi
tho completion of the G reensboro and DaniriIIe lttailro:lcl, etc.,
M y . S p ~ r 111oved
o ~ to postpone the consideration of the sanre, :d
that Cougress do now go into executive session for the p u r p o ~ cof considering certain military, noniinations.
The niotion was agreed to, and Congress resolved itself into executive session; :mtl having spent some tinie thereill, a p i u resolved itself
into legislatire session.
A message was received from the lrcsident, by the hand- of his
Private Secretary, Mr. Jossclyn, and is as follows, to wit:
TOthe Congress of the Confederate htates:
The calainity xliicli has laid in ashes n largc portioii of the city of Charleston

Beem to justify the offer of aid in the manner liereafter suggested.

I)cc 19, l\bl

PROVISIONAL CONGRESS.

567

th Carolina will no doubt dcsire to aid the people of C

; but as hcr resources are now taxed to the utmost i n

inwwion of her soil, the prompt intervention of this Government rimy riot be deemed
unsuitable to t h e ocbcasion.
The State of South Carolina, in common v i t h the other States, has niade liberal
adranees on account of the war, and this Gorernment is unqnestionabl y largely her
tlebtor. With the cvisting pressure upon her rePources, i t is probable t h a t her desire
to aid the suffering city of Charleston may be restrained bv other demands upon her
:ioailable means. rtidcr such circumstances, may we not, eyhibit our synipathy
with her people b y an offer to p1ac.e a t the control of the legislature of t h e State, now
in w s i o n , a portion of the snm we owe her?
The iiiagnitude of the calaniity affords the reason for making a n exception i n her
favor and proniptness of action will inanifest, i n the most appropriate manner, tlie
sincerity of our regard for the people of that gallant State and our entire sympathy i n
all that concerns them.
I recommend, therefore, that Congress make a n appropriation of such amount as
may be deemed sufficient for the purpose, to be placed at the control of thc authorities of the State of South Carolina.
JEFFEXtSON DAVIS.

Mr. Kenner introduced

A resolution to make an advance to the State of South Crtrolina, on
accounh of her clainis against the Confederate States;
wliich was read lirst and second times, cngrossed, read third time, and
passed.
A message was received from thc P~esidcnt,by the hands of his
Prirnte Seci.etary, Mr. Josselyn.
Xlr. Clark of hllissouri, to whom was rcfcrrcd thc, subject of inquiring into the propriety of publishing tlie iilcssnges of the President
and tlie goveriioi- of Missouri in relation to the admission of that
State, reported that, in tlie opinion of tlie comniittec, the injunction
of secrecy should be removed from the sanic and that they be publishcd; which was agreed to.
On motion of Mr, Kenner, the irijunction of secrecy w;zs removed
from the meshage of the Yresidcrlt and the action of Congress relative
t,o the advance to the Stiite of South Carolina.
The Chair presented certaiii estiinates of the Secretary of the Treasury; which were referred to the Coininittee on Finance, without bcing
read.
Mr. Hill moved that Congress do now adjourn.
The inotion did not, prevail.
On inotion of MY. Sparrow, Congress then resolved itself into
executive session; and having spent some time therein, again resolved
itself into legislative session.
On motion of Mr. Morton,
Congress tlien adjourned until to-morrow at, 12 oclock m.
EXECCTIVE SESSION.

Congress being in executh-e session,

Mr. Spftrrow,from Committee on Military AfTaii-s, to whom mas
referred certain military nominations, reported and recommended the
confirmation of the smie, with the following exceptions, viz:
S. P. 3foore, to be Surgeon-General, arid L. I?. Northrop, to be CommissaryGeneral.

iMr. Perkins mo1w.j that the consideration of thereport bc postponed

for the present.
Upor1 which xnotioii Nr. Kenner demnndcd the yeas and nays, and
the motion to postpone W R S lost,leas
3, nays 8.

568
Mr. Rhett offered a resolution i n relation to the nominations of majorgenerals,
The consideration of which was postponed.
Congress then proceeded to the consideration of the nominations
before them, all of which, except the following, were confirmed on
motion of Mr. Sparrow:
The following were postponed, viz:
Brigadier-general-M. L. Ronham, of South Carolina; R. Taylor, of Lonisiana;
JIT. 11. Carroll, of Tennessee; 1. W. Mcrccr, of Georgia; N. G. X:vail~,of South Carolina; L. T. Wigfall, of Texas.

On motion, the nominations of Surgs. 1)avit.l C. 1)e Leon and

Thomas I. Williams were postponed.
Mr. Waul objected to the confirmation of all s~rgeoiisand assistant
surgeons.
The following nominatioiiH were, on niotion, postponed, viz:
Charles 8. Bowman, of Florida, second lieutenant of cavalry.
John M. Jones, of ilortli Carolina, lieutenant-colonel, Acljutant-Generals Depnrt-

ment.
W. W. Mackall, of Texas.
Alexander M. Jackson, of Texas.
George G. (;arner, of T,oniqiana.

Mr. Waul iiioved to take up the list of surgeons and assistant surgeons; which motion -was agreed to.
The following nominations were also, 011 motion, postponed, viz:
Joseph F. Bclton, of Florida, aid, first lieutonant.
W. 11. Stlircshlcy, adjutant, with rank of first lieutenant.
brit, with rniik of first lieutenant.
0. 0.Cobl), of Louisian:i,
119, adjutant, with rank of firat lieutenant.
Itobclrt IZichartlson, of T,oi
a, adjutant, w i t h rmk of firclt lieutenant.
E. C. Ilartlic~leniy,of I m i i
, aiijutant, with rank of first lieutenant.
\\\alter Clark, of Louibiaiiz, adjutant, ~ i t l raiik
r
of firbt lieutenant.
Peter Fox, of L o i i i s h . t , atljutaiit, it11 l a n k t)l U r d lieutenant.
I,ieuteiiant-Coloncl Stoval1 a i d Maj. A. P. Rntllcr, of tlrc Georgia httalion.
W. (3. \Vingfic,ld, of I ~ o u i ~ i a icoiiimissary,
i~,
with rank uf major.
F. M. Jones, of Zoui&na, coinitiili

ILI r. 1 ~ a i w wniovcd t h t the nnmcs of those objcctcd to be r c f e i ~ e d

to the Coinmittcc? on Military Affairs; which w:is not ngi-cecl to.
On motion of MY.I<enncr, the noiiiin:ition of It. hylor, o f Louisiana, brig:tdicr-gciiri.nl, w i s conlirmtvl.
Mr. Curry moved to talre up tlic noniinution of Ih.S. 1. Moore as
Snr~eoIl-~~~nol.:ll.
Thc motion prev:iilcd.
And the question being tnkcn on t h r confirmation of Doctor Moore
to I)O Surgeon-Gsnel~,21o f tilt? Conlcdorato Statos,
It was decided in the tiffirmttivc.
Congress thcn resumccl busincss in lcgiuhtive session.

oIE s

SE S810N ,

Congress niet pursuant to adjournment, and was opened with prayer

by tho Rev. Dr. I-ioge.
Congress theii resolved itself into s e c m t session.
SECRET SESSIOI-.

The Chair presented certain estimates from the Secretary of the

Navy; which were referrcd t o the Commi
on Finance, without 1)eing
retLd.
Mr. Orr, from tlie Committee on Engrossnient, reported as correctly engrossed and enrolled
iZ resolution t o make an advance to the ,%ate of South Carolina on
accouiit of her claims ngaiiist the Confederate States.
The Chair presented a coinmunicntion on tlic flag and seal of the Confederacy; which was reforred to tlic Committee on Flag t m l Seal, without being read.
pocsCiitlc?tiR (:orniuuiiicntioii f roni thr Ircsidcnt3 rct,urngranting of E~irlo~iglri~
and disc:h:xrgcs i n ccrtriiri cases,
toptlier .wit11 his objections tothe same; wliivli is :is follows:
y?) til? CO?l(JPeSS qf i i ! C (.ii,?,fPtlf?,

( ~ e s ~ r , e s r I~ x
deeiri
:
it in)eturn for your reconsidcratioii, with m y objection., ;hi act regulating inrlonghs n:id discharges in certaiii cases. I all1 n~iableto
eign tliis act,as iiiy jntlgiiiciit doc8 riot approve it, ant1 I respectfully submit to you
lily rii:wonH fur vitlilioldiiig itiy signature.
Uy the tcriri:: of tlic ac.t ally sick o r iiivalid soldier now o u t of camp, whether in
hos1)ital or iiot, shall 13s entitled to fnrlough or discharge, 011 the ground of bodily
disability, upon tlie ccrtiiicaate of any surgeon of the Confederat,e St,a.tes or of any
surgeoil of a !iospit.al where the soldier is trmtetl, wiiether siich siirgeon be in t.he
hriiiy or not. My o1)jet:tionu licx both as t,o t,lir?priiiciple of this act and the practical
diKicwlties n.hic*li will embarrass its excx*iit,ion.
1. I can riot 1)nt regard i t as extrciiirly tinwise to grant control over any soldier, to
the estent~of discharging liiiii froin sei.vice,to any body of men n o t employed in the
service? of tlie Goveriimc~iit,over \vhom it exerci*es no control, and who present to i t
no giiaraiitec Trliat,ever for t h o faithful discharge of the duties iinposed 011 tliein. In
the medical, as ill all other proieFsioriP, there are incompetent as well as unworthy
men. This bill propows t o place t!:e power OF dixhargirig froin the public service
the whole body of atisrn t sol(
, I I O W aiiiomntiiig probably to not Je~sthan 30,000
meii, at tlie mcrcy of any pi]
a n who map call his oliice a hospital. The absent
soldiers, out of cainl), sca:t,erc.d over the entire Coiifecierncy are to be allowed to leave
the sewice at pleasure 011 proc1uc:iiig the certificate of soiiie iiian who signs hiiiiself a
physician i u cliarge of a I!uspital. S o means are provjdod hy the bill and, in the
Iiatnrc oi things, no iiieany can well be devired by ~vhiclii t can be ascertained at the
office of tlie i~rljiitatit-tieiit?ralwhether the Elgriature to tlie ccrtificat,e i n geriuiiio or
riot; \vliether, if geniiine, the signature is that of a physician, iior wliet.her t h e signer,
i i he be i~ physician, Iiaye really a hospital i n which the sick eoltlier is treated. I
ventnre to say t h a t there is riot a lnan iiow out of ctuiip, whether sick or well, who
could riot readily find iiieaiis for procuring such a certificate as this hill contcmplates
a t the 1iio.t trifling cost.
11. .I&,
the bill applies to t1io.e only i v h o are nou,oiit of camp. Ilot if tho priiiciale of the bill is right. ity aur)liration slionltl be contixinous a n d perinanelit, an(1 I
ci11 not discorer t i n y reawn \vliy it rlioulri tje colifined to tliose i o t i n cainp. fa.
iiiaii out of caiiip is t.o have his discharge 011 n certificate of R surgeon and wlien far
reiiiovctl Iroiii tlie superrision of coii1tItanclcr~,wliy not give the S R I I I right
~
to the sold i n in camp, where the presence of t h c c~>t~ninancIer
~ o u l dat least check the irsue
of fraudulent certificates? And if it l x right to adopt t,his rule a t all, w h y is it not as
C i

570

JOTJKNAL OF THE

[Dee. 14,1861.

well applicable to men who will he absent from camp ncxt week aij to those 7111((t
absent? The special limitations of the bill to solclicrr oat of camp, and to those oiily
now out of camp, indicate an intention to providc for soiiie prebeiit exccptional emergency not dcfincd JI ith sufficient accuracy to prevent great mischief in the practical
working of the law. If there be such emergency, towhat class of eases does i t extend?
Does it exist everywhere, or only a t one or more determinate poirits? The laiiguage
of t h e bill requires to be better guarded to meet what I infer, froiii its phraseolygy,
to be a n exceptional case; and if there be such a case, I respectfully submit to Corigress that i t might be remedied in a less objectioiiable manner than is provided for
in t h e bill.
111. T t is obvious that, t h e intent and purpose of this hill was humane, and directed
to ameliorating the condition of the sick soldier, bat in very many cases the opposite
effect will be produced. The sick soldier, entitled to either iurlough or discharge, now
obtains it through the regularly appoiiited officers of tlie Government, provided with
blank forms to be properly filled up, b y irieaiis of which the rights of tlie soldier to
his transportatioii and allowances can be readily liquidated. But by the provisions
of t h e bill it will very frequently o ir that owing to irregularities in his papers i t
will be impossible that his accotiiit ii be settled at the ofice of the paymaster; still
worse, he may be exposed to the loss of his cherished honor, to be branded as a
deserter by his failure t o sewre tlie proper evidence of his honorable discharge.
I do not think that Congress can have been aware, that some weeks prior to the
passage of this bill, t h e War Department had issued reqi?lations relaxing t h e former
rules dispensing with riiariy of the formalities mid simplilyiiig the means ot obtaining
furloughs and discharoes for the sick. I aiinex a copy of these regulations, wliichgb
as far as is in niy opi&n compatible with t h e necessities of the service, and which
seem to me to rcncler the legislatioil now proposed unnecessary.

JEFFERSON DAVIS.
GENERAL
OILDEIIS,
ADJUTANT A S I ) lNSPECTOR GENERALS OFFICE,
No. 17.
12tchnioric1, Vci., iYovemhe? 7 , 1861.
Paragraphs I V and V of Army Regulations, published for guidance of t h e Army,
August, 1861, are modified as follows:
1 V. W1icnevt.r a iioiicorrii~ii~sione(~
officer or soldier shall bc unfit for military
service i n consequericc of I\ muds, disicaPe, or infirmity, his captain *hall forwartl,
tlirongh t h c caininaiitler of tire rcginicrit or battalion, to the brigade commander, or
other officer n e s t higlier i n ~ a n to
k tlie conirnaiider of t h e regiment or battalion, a
statetileiit of the case, with a ccrtifkatc of disability, signed by tlie medical officer
having charge of the invalid, with a lec,ommenclatioii for discharge or furlough, as the
case may require; and if the rccoinmcndatiori be approved, the authority for discharge
or fwlongli shiill be indorsed on the certificate of disability, mliich shall then be
returned to tlic: comuiaiicliiig officer
who will cause the
roper pnpers to be nraile ont--liiial
n the first case, furr)OU,41s and descriptive rolls in the
disability, properly
indorsed in case of discharge, will be lorwardetl by coinillanding officer to iltljutant
and Inspector General.
V. Where invalids are absent froin their iepimcnts or companies i r l hospitals, the
siirgcon iii charge u ill make otit certificatcs of disability i n all cases of disease likely
to prove of long contirinaiicv, arid foru arc1 thein to commanding officer of regiment
or battnlion to which the invalitl belongs, for reference, as prescribed in preceding
paragraph.
By order of Secretary of IVar:
s. COOIER,
ddjlrtunt t r n d Inspector Cmwid.

Mr. Ochiltrce moved to postpone the consider:ition of t hc 1iiws:igc

of the Prcuidcnt until illonday next.
The motion w:is zlgrc:ccl to.
And or1 niotion of Mr. Johnson of Rrk:ms:is, thc message of the
President and the nccorn-l>:bnyitig:doc~iiricntswero ordered to he printed.
Mr. I<entier, from thc Colrirnittee on Finance, reported and recoinmended tho p n s s y of
A bill ma Cing npproprhtions for thc ospenscs of the Government
in the Icgislntive, executive, arid judicial departments for the year
ending 18th February, 1862.

Dcc 14, lRG1.1

PROVISIONAL CONGRESS.

57 I

J\liic~h,o n motion, i l i po5tponccI until Monday, pl:ic.cd on the Calendxr, and ordered t o l ) printod.
~

Ii;.:lEEcLTTIVE T ~ P RTSIENT,
A
IZi chiiiontl, Ijecemher 14, 1861.
VI-.Iresicknt. The Pre.;itieiit ha4 this day approved and signed
A resolution to inakc an at1va:ic.e to t h e State of South Carolina, on arcount of her
c l a ~ i iagaiiiLt
i~
t h e Confederate State<.

iwmm JOSSELYN,

MY.Kenncr, from the Committw

)mate Secretary.
on Finance, reported and recoin-

niciided t h e
e of a
ltesol IItio
ntiiig J o h n I). Moi,ris, of Kentucky, a receiver under
the act of sequestration, approved August 30, 1861;
which wns ~ c a dfirst and socwnd [tiines].
hlr. Tooiiil~3n i o x d that the further consideration of thc resolution
be poitporied for the present, and that it be $aced on tlic Calendar
and printed.
The niotion mas not agreed to.
MY.Miicfarlrtnd nioved t h t tho message of the President and the
accompanying docuniciits, relative to thc appointment of Jolin D. Xorris, he printed.
The niotion TWS not tigrccd to.
SIr. Khctt c:rlled t h e qiwstion, n-hich \{Ti\\ iipoii ordering the bill to
I)(, ( w g r o s , ~ dfor :L thiid w:i(ling; :md
,,
1 hc call beiilg iudaiiied, the rcsolutioli wts eiigrossod, read third
tiIlJP, :1nd Iasscd.
C:ongrc\s t h e n resolved itself into executive session; and having spent
m i i w tinic therein, again ~csol.\-t~l
i
into legiilative .swsion.
A iiic-,s:igc WLS reccii-rcl froill t
rcsident, by t h e hands of his
Private. Hccrclnry, hlr. J o
Llxlioiur of 1ocloclc $1. i n . having arrived, which was the hour for
jrcitil ordcr of the clay; which was
t the Territoisy of Arizona, :Lnd to ci*eatJct h e office of
s u r r c j o r-gcncralthcrein.
The considwation of the same, on motiori of M r . Cmiphell, W L S postponed until Monday next.
On motion of A h . Icenner, ( oiigress then proceeded to the considelation of a Calendar hill, reported from th e Committee on Finance;
W h k h WtlS
A hill further supplementary to an act to authorize the h u e of
Ti.cniury notes, and to provide a war tax for their redemption;
Arid the first section of t h e hame heing under consideration; which
is :LS follows, to wit:
S F C P I ~1.X The Congress of the Confeclerriie States of Amerzcn do enact, That the Secretary ot the Treasury i, hereby authorized to pay o i e r to the several banks which
11~:ie ~iiade:~lvancest o tlip Go)eriiineiit, in anticipation ot the isme 01 Treasury notes,
x sufiic,iciit ariiourit ot Treamry notes to pay the principal and interest due upon the
wit1 ad\ aiice, a c ording
~
to the engagements inatle with them.

Mr. Kennel., froin t h e Committee on Finance, niovcd to amend the

m n e hy inserting after the N urd amount the following words, to
11 it: . not cxcccding ten niillioii.; of dollars for the principd
The micnclnient W R S agreed [to], and the section as amentlcd reads as
follows, to wit:
of tile f oiLfecl(,iw/(, htofea of AiIrrricci do m c d , That the Sec( ~ r d )m
y t l i o r i m l to pay over to the several banks which

572

JOURNAL O F THX

[Dee. 11, 1W.

have rnade advances to tlic Governineat, in anticipatioli of the issue of Treasury

notes, a s~~fficient
amount, not exceeding ten millions of dollar.; for the principal, of
Treasury noies to pay the principal and intcret-t due upon t h e said a(lvallce, according to the engagements made with them.

The secoild section of the bill being under consideration; which is

as follows, to wit:
SEC.2. The time fixed by the said act, to which this act is further supplementary,
for making assessments, is herehy extended to the firrt (lay of January next; and tlle
time for the colnpletion and delivcry of the lipts is extcncted to the first ciny of Fcbruary next; and the time for the rcturri of thc said lists t o t h e chief collector is
extended to the first day of >larch next; and in (:LSCS where the timc thus fixed
shall be found insuficicnt, the Secretary of the Treasury shall Ila\-e powcr to make
further extension as circumstance.! may require.

Aiid no nrrieiidiiicnts to tho m n e being proposed,

Congress proceeded to the consideration of the third
is as follows, to wit:
SPC.3. The cash oil hand or on rlcposit in hank, or elsenhere, mentioned i n t h e
to asmsinerit a n d taxfourth section of said act, is Iiereby decl:wctl to be FU
ation; and the riioney a t interest, or inve,itccl by indivit
in the purchase of hills,
notw, atid other securities for money, shail bc dcenietl t
ude sccurities for money
belonging to norire+idents, aiiil such securities shall be returiml and the tax thereon
paid by any agent ur trubtee ha1 ing the mile in possession or under his control. The
term inerchandise shall be coilstrued to include merc-handise belouging to any lionresident, a i d the property shall be returned and. thc tnx y i d by any person having
the sanie in possession as agent, attorne) , or consignee. l h e exception allowed by
thc twentieth Pection for agricultural products slinll be construed to einbracc siicli
products only when in the hands of the producer, 01 Ii~4Clfor his account.

Mr. Scott moved to alriciid the mrie by :iddiiig at the end thereof
the follomiiig words, to wit:
Bnt no tau hli:ill be

e w t l or Icried on any iiioncy a t interest secured by bills,

ii, by i r a r o n oi inwlvcmy, pay
f such iuoncy can not
ride in his list of taxitiing t h e amount of
1 clemands owiiig to

hic*li \YW agreed to;

Wlien,
Mr. Wousc oflcrccl i w tt su1)stitutc l o r the fird p u t of the amendt the following, to wit:
r ,4all Iitivc tlic +:IIIIC pox\ (r to f i s tlir value of securities for
tion to t h t . othcr property iiicntioncd in tliis act.

ovcd to lay both tlic aniendment atid the substitute

on tho ttlblc, xncl crillccl t he qwstion; which w \ ~ scconcied.
s
Aiid the voto having baen taken thereon, the motion to lay on the

taldc did not pi-(>v:iil.

1lie q u t 4 o n tlictn recurred npon :igrccing to the :mcndmcnt by \yay
of stii)stitute off(>wttby RIr. Ilousc?.
Atid the vote h a v i n g Iwcn taken tlicrcoir, thc samc w:i\ not :igrced t 0.
Mr. Cliiltoti inovcd to niiic.ncl the :itiicridmcnt o f 311.. Scott by substituting in licu o
firzt pwt tlicrcof 111(! iollowing, to wit:
7 ,

R u t no tax dial1 1~
~ t orl l ( > \ i c ~ l0 1 1 any ~iionc~y
at interclct . i ~ I i ~ the
ii
note,
boiicl, bill, or othcr
y, t;iktn lor itr lmynient, sliall be wortlilc,s Erorii the
itiwlveiicy :uid total i
y l o pap ot tile p i y o r or ohlipor or pcrwni liablc to inalte
snch paytiwit; and all sccunt I W for tiioiiey tnsal)lc wit1~1rtliis act shall be :XSWQS~CI
nccortltrig to their value, aiid the asheLt-or slrall h a w the same pom(r to ascertain t h e
value ot such securities as tile law confers upon tiini with respect to other property.

The amendinent mas iiot agrc(~1to.

11ec. 14, l8G1.1

PROVISIOPJAL CONQXESS.

573

Xr. Conrad moved to amend by inserting in lieu of the first part, of

tile aiiiendinent OP MY.Scott the following words, to wit:
tion of the said act be eo amended that in casc thc debtors of
to taxation be cleeinerl b y the creditor insoluent, he shall have the
~ariievalued by disinterestrtl parties, n hereof oiic shall be chosen
d one by the creditor, and in case o l disagreeinent thcy shall choose
o shall be b n orn to make an impartial valuation thereof, and the tax
&ill IJC
abeessecl on such T alue.

That the

MY.Sparrow caller! thc question; which wa3 seconded, and the vote
ha\ ing heen talcon thrrcon, tlie zmendment was not agrecd to.
M r . De Tlitt inored to xeconnidcu the vote by which th e amendment
of Mr. Chilton was lost.
Rlr. Johnson of Axlian,sah moved to lay the motion to reconsider on
thc tal,le.
The niotion to lay on t h e table did not prevail.
;MY. \lrauI called the question, which was upon agreeing to the
motion of Mr. I)e Witt, to reconsider the vote by which the amendiiicnt of Mr. Chilton was Iost; arid the call being sustained and the vote
taken thereon, the motion t o reconsider was ngt*erdto.
Mr. Waul called the question, which was upon agreeing to the
aniendment of 31r. Chiltoii; ~ n c the
t cxll being subtained, the vote was
taken, and thc miciitiment \ w s agreed to.
The q i i e h ~ nthcn J w i i r r h gupon tho zdoption of the aniendment of
M r . Chilton, thc vote \\ tttkcii m d tlic s a i w w : \ h :tdoptad.
1he q w h t ion tltcn rccuming upoii agrcciiig to the second portion of
the aiiiciiclnicnt c,f J I r . Scott.
Mr. \Vaul d l c d the question: which was seconded;
\Vhcn.
,If r. 3 ohnson of Ai-lmn
at the instance of his State, demanded
whole body be recorded thereon; which
th:& the yetis aiid 1 1 ~ 3 sof
arc as follows, t o wit:
Alaloama-lS~iy: Ale
\\.allier, Curry, Chilton, and Jones.
A rlia n 5% S-Y ca : M
Ihomason and Vatkins. Nay : Messrs.
Johnson and Garland.
Florida--Nay : Mr. Morton.
Georgia-Kay : Messr3. Crawford xnd TCTriulit.
Eouiyiana -Nay: nlcssrs. ~c Clouet, Conra8, I<enncr, and Sparrow.
Mississippi-Yea: l l r . C:~mpbell. Nay: Mcssrs. Harris, Brooke,
O n , Bradford, and Ilarriion.
Missouri--Say: iCleshrs. CooLc, Conuow. and J k l l .
Eorth Uaroliiia - - Yea: Xes\rs. Smith, Venablc, Morehead, and
.
and Arery.
Craige. Kay: M e \ ~ r >IhT-is
Sonth Carolina-Yea: MI.I3o-c~. Nay: 3
f r5. Ithctt, Barnwell,
and Keitt.
Tennessee-Yea: J1essi.b. Dc \\itt, Thoincis, and Cttruthers. Nay:
Rlr. House.
Texas-Yea:
AIr. Heniphill. Xay : Messrs. Iteagm, TIauI, and
Ochil tree.
Virginia-Yea: Mcssrs. Seddon, Vr. 1%.Preston, T~rlcr,Maeftdand,
Svott, l t u w ~ l land
, TTalter lreston.
Bocock, Ri\
Yea: Sorth Carolina, lcnnesscc. and Virginia, 3.
Say : Alabama, Floridn, (horgia, Louisiana, Mississippi, hfissouri,
South Carolina, and Texas, 8.
Divided: Arkansas, 1.
, T

574

*JOURNAL OF THE

[Dcc. 16, lbfil.

So the amendment was not agreed to.

Mr. Davis moved to amend by adding at the end oP the section the
following words, to wit:
Crude turpentine shall be considered a n agricultural product and ?hall riot be taxable in t h e hands of the producer, or of anyone purchasing it for distillation.

Mr. Seddon moved to amend the amendment by striking out therefrom the words o r of anyone purchasing it for distillation.
Mr. Sparrow moved to lay the amendment and the amendment to
the amendment on the table, and called the question; which was
seconded.
- vote having been taken, the motion to lay on the table
And._the
prevailed.
Mr. Campbell moved t o amend by adding the following wosds, to
wit:
The term money a t interest shall not be construed to einbrtlcc accounts, notee,
bills, or other securities for merchandise or property sold, or services rendered, and
not being for money loaned.

Pending the consideration of which,

Congress, on motion of Mr. Orr of Mississippi,
Adjourned until Monday at 1 2 oclock in.
I

EXECUTIVE SESSION.

Congress being in executive session,

The Chair presented a communication from the President, iiiaking
sundry nominations; which, upon motion, were referred to the Committee on Coninicrce.
The Clixir also laid hcforc (on grew t i coinmunicatioi~ Prom the
President, making nominations of tax collectors; which were referred
to the Committee on Finance.
Congress t h went
~ into lrgislativc session.

OIJCN YKSRION.

Congress met pnrsnant to :tdjournnient, and was opened with p a p e r

hy thc Rev. Mi-. Flinn.
Mr. Seddon announccd thc presence of Mr. Tho. 13. Monroe and
Mr. IIcnry C. Ihrnctt,, 1)elegntes-elect from the State of Kentucky to
tile 1rovision:tl Congress, who c;mo forward, were qualified, and took
their seats.
Congrcw tlrcrr resolved itsclf in secret session.

Congress having resolved itself in secrot session,

Mr. Orr, from the, Cornniittcc on IGqroesrncnt, reported as correctlp
engrossed and onrol1t.d
A resolution appointing John 13. Morris, of Kentucky, :Lrcceiver,
under the act of scquestr:ttion, :~pprovcdAugust 30, 1861.

Ikc. 16,1861.1

PROVISIONAL CONGRESS.

575

X r . Hhett offered the following resolution, viz:

liesolted, That, the audiciary Uoniinittee be instructed to inquire into and report
to Congress the coiiditioii of the hills passed by Congress and vetoed by the President
a t tlw dose of its last sebcion, and 1vhq.t action i t becomes Congress to take in relation
tlirrcto for the fulfillinerit of its constitutional duties.
0 1 1 iiiotioii of Xr. Mussell, the resolutions on the Calendar, in relation
to the State of Maryland, were made the special order of the day for
Thulwlay next.
Congress then proceeded to the consideration of the iinfinished
business of yesterday; which was the amendment offered by Mr.
Campbell to the third section of a till further supplementary to an
act to authorize the issue of Treasury notes, arid to provide a war tax
for their redemption.
Mr. Broolic inoved to amend the aiiiendnient by striking out the
same arid substituting in lieu thereof the following words, to v i t :

lrmklrd, That the ~ i o r d smoney a t interest, as used in the act to which this act
is an anrendnirnt, shall be so construed as t o include all notes or other e\-identrs of
debt hearing interest without reference to the consideration of the same.

The hour for the special order haviiig arrived, on motion of Mr.
Kenner, the saine was postponed and inadc the hpccial order for
Thursday next.
1111.. Kerincr c:tlled tho qiiestiou o n the motion of Mr. Brooke, to
anitiicl the aiuendmcnt offered by ,111.. C:impbell.
The qiieht ion vas seconded aiicl the iiiotion wa&q
agrccd to.
Mr. Thoiiiahon iiiored to anicnd the :unendmeiit a s amended by
striking out, the bame and inserting in lieu thereof the following
TVOldS, vie:
Provided, That the term nioncy at interest shall b p construed t o include orilv
money loaned a t interest or invested in the purchase of bills, notes, bonds, and oth&
securities for nioriey, except tlic bonds of the Confederate States as the sane stood
on the firet day ot October last, and that so much of the t\ientietli section of the act
to which this is snppleniental as is in conflict with this section be, and the saine is
hereby, repealed.

X r . Thoniason, at the instance of the State of Arkansas, demanded

that the yeas and nays of the whole body be recorded thcreon; which
are as follows, vix:
Alabama- Yay : Messrs. IMcRae, Itobinuon, and Jones.
Arlrarisas-YPe:L: hlessrs. Thoniason and \\latliins. Nay: Nr. Garland.
Florida--Say : hie s. Morton ancl Owen..
Georgia-Kay : Jlessrs. Too~iib&q,
Foreinan, Crawford, Wright,
and Kcnan.
Krntucky--Stly: 311cssrs. Xoriroe and Burnett.
Louisiana- S a y : Xfessrs. Perkins, L)e Clouet, ConPad, and Kenner.
Mississippi-Yea: Jlessrs. Bradford a n d Campbell. Xay : Messrs.
Harris, K~voke,Ort, and liarrison.
&lis;souri-Nay : l\Icssrs. Clark, C o n i ~ m Vest,
,
Freeman, and Bell.
North Carolina-Yea: Mr. M(~L)om-ell. Kay: Messrs. Avery, Smith,
Venxblc, Jforehead, Purycar, and Daridson.
South Carolina--Nay : Rlessrs. Khett, Barnwell, Keitt, Ncrnminger,
and Hoyce.
Messrs. IIousc, Atliins, Dc Witt, and Currin.
Tennessrc-Yea:
xay : Messrs. Jones and Csruthers.

JOURNAL O F THE

576

LDec. IF, lbG1.

Texas-Yea:
nlr. Ochiltree. Sap: Slessrs. Reagan, Hemphill,
Waul, and Oldham.
Virginia-Nay: Messrs. Seddon, William B. Preston, Tyler, Macfarland, Bocock, Rives, Scott, l3otcler, Johnston, Staplcs, and Walter
Preston.
Yea: Arkansas and Tennessee, 2.
Nay : Alabama, Florida, Georgia, Kentucky, Louisiana, IVlississippi,
Missouri, North Carolina, South Carolina, Texas, and Virginia, 11.
So the motion l\IiLs lost.
The question recurring on agreeing to the amendment of Mr.
Brooke,
Mr. De Witt, at thc instan8:e of the State of Tennessee, deiriandcd
that the yeas and nays of tlic whole body be recorded thereon; which
are as follows, vix:
Alabama-Yea: Messrs. Smith, ?(I(;R:w,Robinson, and Jones.
Arkansas-Yea:
Sh.. Garland. Kay : 1ZIes~rs. Thoiiiason and
Watkins.
Florida-Yea: Messrs. Morton arid Oxvcnq.
Georgia-Yea: Mcssr,s. Tooiiibs, Forctmn, Crnwford, Wright, and
Kenan.
Kentucky-Yea: Mr. Monroe.
Louisiana-Yea: Messrs. Perkins, Do C:louct, CIorirtid, and Kcnncr.
Mississippi-Yea:
Messrh. Brooke, Orr, :Lnd IliLrrisori. Kay :
Messrs. Harris and Campbell.
Missouri -Yea: Messrs. Clark, Harris, Conrow, Freen~an,and I k l l .
North Carolina--Yea: Messrs. Davis, Avcry, Venablc, Morcliead,
Yixryo~~r,
arid Tlavidson. Nay: Mr. Mcnowcll.
South C:irolintL--YeiL: Messrs. Khett, 12arnwel1, Keitt, 3Iciiiniit~ger.
aiid I3oyce.
Tcnncsscc-YetL: MI.
Currill, :ind Carut,hers. S:iy:
MCSS~S.
TTonsc, Atliitrs
Tes:w -Yea: Mcssrs. IIcmplrill and JTit,ul. Nay: 3Iessrs. Oldhimi
and Ooh i 1t rce.
Vir inia-Yea: Mesars. Seddon, JVillimri 13. lre~twi, Nacfarl:iiid,
Hocoo I, Hives, Scott, Botclcr, llusscll, ,Johnston, Staplcs, arid Walter
Preston.
Yea: Rlnbnni:~, Plorid:L, C;coigi:i, Kclit ucliy, I~o~iii;iana,
Nississippi,
Miusoiiri, North C:wolinn, Sonth Carolinit, :wid Virginia, 10.
Nay: Arkiirrs:is, I.

t
to.
MI.. 11nri.is o f 3Iississippi nioved to amend the third Heckion of the
bill 1)y :ulding tht.roto tho following words, viz:
111~1 L t 1 1 ~ ~ 1 1 d l 1 1 C t~W ~ H ilgr(Cd

Thcl l i o l t l ( ~of nolcs, lwiids, or cvitlenws of debt 1)c:niiig intcwr\t :iiitl p i i t r h a v t l l)v
hitii wit 11 i i i o n c y d i a l l not lw t i i s ~ d011 siicli iiotes, bonds, or evidences o t dcbt, hiit
on llic i)ric.oh c paid lor t l i ~ i i i .

Mr. Chnract nioved to uincncl tlic :miciidmcnt by striking out thc

word:, t h 1jrim lie lmid for them i~ndiiiscrting in lieu tliercof the
words lhe valuation theroof.
Mr. Keniicr rtlovcd to lay the timcndincnt and the :iiiiciidment to the
aniciidtncnt on the tablo.
Tho motion prevailed.
A incsvage was received froin the President, inforniing Congi-ess,
through his Private Secretarx, Mr. rJosselyn, that he had this day
approved and signed

517

PROVISIONAL CONGRESS.

Der. 16,1861.1

A resolution appointing .John D. Morris, of Kentucky, a receiver,.

under the act of sequestration, approved August 30, 1861.
Congress resuming consideration of the third section of the bill
supplenlentary to the act to authorize the issue of Treasury notes,
and to provide a war tax, etc.,
Mr. Perkins momd to amend the same by adding at the end of the
section the following words, to wit:
And all lands and iiegroes owned by railroad corporations and forming part of the
value of their stock be exempted from taxation.

Nr. Macfarland moved to amend the anicndinent by striking out the

word railroad.
The motion was lost.
The question recurring on the amendment offered by Mr. Perkins,
the same was rejected.
Mr. Perkins offered to amend the same section by adding at the end
thereof the words: And all lands owned by railroad corporations and
formin part of the value of their stock be exempted from taxation.
And %
1 r. Perkins,
l
a t the instance of the State of Louisiana, demanded
that the yeas and nays of the whole body be recordcd thereon; which
are as follows, viz:
Alabama-Yea: Messrs. McRac and Jones. ?Say : Messrs. Smith,
Chilton, and Robinson.
Arkansas-Yea: Rlessrs. Johnson, Thoxmason, and Watlrins. Nay:
Air. Garland.
Florida-Kay : Mcssrs. $lorton and Owens.
Georgia-NaT- : Messrs. Toombs, Cramford, Wright, and Konan.
Kentucky-Nay : Mr. Monroe.
Louisiana-Yea: Rlessrs. Perkins, Conrad, Kenner, and Marshall.
Kay: Mr. De Clouct.
Mississippi-Yea: Messrs. Harris and Bradford. Nay: Messrs.
O r r and Harrison.
Missouri-Yea: Mr. Conrow. Way: hlr. Clark.
North Carolina-Yca: Messrs. Davis and Davidson. Nay: Messrs.
Rvery, Smith, Venahle, Morehead, and Puryear.
South Carolina-Yea: Messrs. Ithett, Keitt, a n d Boyce. Nay:
Messrs. Barnm-ell and Memminger.
Tennessee-Yea: Messrs. House and Currin. Nay: Messrs. Jones,
De Witt, and Caruthers.
Texas-Xay : Nessrs. Reagan, Hemphill, Waul, Oldham, and
Ochiltree.
Virginia-Yen: Messrs. Seddon, Macfarland, and Johnston. Nay:
Messrs. William B. Preston, Tyler, Bocock, Scott, Boteler, Russell,
and Walter Preston.
Yea: Arkansas, Louisiana, and South Carolina, 3.
Nay: Alabama, Florida, Georgia, Kentucky, North Carolina, Tennessee, Texas, and Virginia, 8.
Divided: Mississippi and Missouri, 2.
The niotion was lost.
The section as amended reads as follows, viz:
The cash on hand or on deposit in bank, or elsewhere, mentioned in t h e fourth section of said act, is hereby declared to be subject to assessment and taxation; and the
money at interest, or invested b y individuals i n t h e purchaee of bills, notes, and other
securities for money, shall be deemed to include eecuritles for nioney belon ing to
nonresidents, and such securities shall be returned and the tax thereon paid y any

J-VOL

1-04-37

578

JOURNAL OF THE

agent or trustee liaving the same in possession or under his control The term
nierclianclise shall be construrcl to incluile irierchantli.rc~heloiiging to a n y nonresident, and the property shall be returned and the tax paid l)y any pm+i)n having
the same i n possession as agent, attorney, or ciinsignw. ir*ocitied, That the words
money at interest, used in t h e act to which this act is an anzcminient, cihall be so
construed as to include all notes or other e i ideiires of debt b e n i n g interest TF Ithout
reference to the (misideration of the saiiic. The exccptiou allowed by the t n entieth
section or agricultural products shall be construed to cnibrace such prodwts onlv
when in t h e hands of the producw, or held for his account. R u t 110 tax &all bc
assesmi or levied on any money a t interest \vIieii the note. bond, bill, or othrr
security, taken for its payment, shall be worthleq from the insolvency and total
inability to pay of the payor or obligor or perwn liable to make such payment; and
all securities for nioney taxable under tliis a r t shall be
acrording to their
value, and the assessor shall have the samv po~zerto a
tile value of such
securities as tlie law confers upon hiin with respect to otl

The fourth section of the bill having k)ccn rend as f o l l o ~ ~viz:

~s,
SICC.4. That an aniount of nione
he, and the sanic i s liereby, approp
wise appropriated, to be disbrirhcd
ury, to the chief State tax collecto
cliaigcs; but tlic boo
for salaries of clerks, oRice hire, Y
and printing required shall be a t the expense of the Dcpaitiiient aritl ,iul)jcct to
approval.

Mr. Russell moved to amend the same by acidiizg :it thc end tlicreof
the following words, viz:
h c salary of the chief collector of taxes for Virginia shall he at tlie rate of t h r w
thousand dollars per imiiuui.

Mr. Ilousc ~no\rcdto nincnd tlie imenciinent by striking out, the J V O I ~

bbVirgiriia: ~ i i dinswtiiig in licu thtrcof tho words -ct~cliState, i l l l d
by strikiiig o i i t tlio words tliwc thous:trid doll:ws and iiiscrting in
ii(1ii t h r e o f t l i c words two thousund five hiindrcd dollars.
Ihc motion W I L S lost.
Lht: inotion of Mr. R i i ~ : l lto aiiicrid w i s lost.
RIr. Smith of Nort,h Girolina iiiovcd t o airiciid the bill hy adding t h e
following as :LII ttdditional scctioii, vix:
Sm.8. h i t tax lish nlrtwiy giwnwryiiig 1 1 o i r i Ihc~iiiuvi.ioris o f tliis act shall bc
corrected

so

as to conform thereto.

r ,

I Iic n.rotioi-1prev:iilrd.
The bill :is :tiiicndcd w w cngrossid, rc:ul :i t h i d !iiiie, and p s w d .
Ihc Chair pwseiitd to Congrchs tlic following niesuage from t h e
lrcsidcu t, v iz:
7;) the' l r o t ~ ~ ~ /~ ~ iY J/ , v~~ Jf Irtl
i ~ q/ l l r i ~( h r ~ j w ~ ~ ~ .
Silt T l>rre\vitl~
h i i m i t tt>tlic Congrws tlic report ol tlic honoiablr S
\V;ir, with :ic.coinp:uiyinq tloc~iiiiciit,u.
J I ~ ; F l ~ i ~ : i I)AVlS.
~so~

MY.I<(.II tie r

)tfci-ctl

t lit: follow i I1g i-cso1II tion, 1-ix :

R e s o l r ~ ~ That
i,
this IIorisr mill, on its adjourniiiciit
instant,, takr a rcccss until tlic tltirttwith ( h y of * J a n i i

~ i v<a t Ii c ninr teen t 11

:L coitiniiiiiicntioii Fro111 thc S c c ~ e t u r y

The Clmii, laid bcforo Con
of thr? Navy, contaiiiing estimates *forIhr construction o l fifty additioiial gwihoixts;
which w:is referred to the Comrnittcvl 011 I4nanc.c.
(:ongi-css took up the rcsolutioii tuithoi*issingthc Sccrctary of Congress to eniploy temporary ahsistttnts.

a third rcadiiig.
Rfr. K c n a n m o d to rccoiisidcr the 3-otc hy which the Congress
ordered the ])ill to be enpi-ossctl for a thiid rcndiiie.
The motion prc\-ailed;<
When,
Mr. Kentin inowl to ariiend thc bill by iiikwtiiig xftcr the \rod
capital the moids o f the re>Ix.ctivc States.
The ainendnic-nt 11it\ ngrccd to, a[id the I)ill as :iiiic.ntlrct w ; i h cngrocscd,
read a third time, and passed.
3fr. Harris, froxi the Coiiirriittec on t h P ,Judiciary, I)y general consciit, reported
h hill to amend ail act for the seqiiesttration of the property and
estates of alien cncmics:
which was rcad first and second times and, on motion. was placed on
the Calendar and ordered to hc printed.
A h . Smith of Alabama presented the joint resolutions of tlic legislature of that Statc i n rcgard to the increase of the p u y of pri~-atc>
soldiers; which was read and referred to the Committee o n Military
Affairs.
Congress tlien proceeded to tho consideration o f tltc unfinishcd husiness of yesterday; m.hich war t h e coriimunicatiorl of tho Secretary of
War, transmitting to Congrc>s thc rcports of the various battles, ctc.
c,

580

JOURNAL O F THE

[DeL. 17,1861.

Mr. Wan1 moved that the report of General Beauregard, of the battle of Alanasscs, should not be read.
The motion did not preyail.
The report having been read iii full to the Congress,
Mr. Harrison moved to suspend the further reading of the reports
of the battles.
Mr. Hemphill moved to amend t h e motion of Mr. Harrison by
excepting the report of General ltragg of the battle of Yensacola.
The amendment was not agreed to.
And the question then recurring on the motion of Mr. Harrison, to
suspend the further reading of the reports, and the vote having been
taken thereon, the motion prevailed.
Mr. Waul inoyed t o rcfer the report of the Secretary of War and
the accompmyi ng doounicnts to t h e Connnittce on Military Affairs,
with instructions to rcport to the Congress such portions of the stinie
as in their judgment should hc printcd for the use of the Congress.
Tho motion was agreed to.
Mr. Orr, from the Corninittee on Engrossrncnt, reported as correctly cngrossed and enrolled
An act to provide for the payment of the carriers of the electoral
votes of the respective States of the Confcdcracy.
Mr. Konan, from the Corninittee on Military Affairs, reported and
rec;omnicridcd the ptmsage of
A bill for the recruiting service of thc Provisional Army of the
Confcdcr:Ltc Shtes;
which was rmd first rid second t,irnes, engimsed, read third tirnc,, and
pasw d
Mi.. I b ~ i t i ( ~f irw, n i tho Comniittcc o n Finmce, to whont was rcfcrred
.I hill for tho t l * i ~ ~ soff ~certain
l*
npproprixt~ions,
r c p o r t ~ dthc ~ ~ 1 t):icl<
1 1 ~and ~*cconiincndcd
its p:tssagc.
Thc hill I V : ~ cnprosscd, rend :L t3hii*dtinre, : i d passed.
Mr. l3oyco offcrcd
%
. resolution of thiinlts t o Brig. (+en. N. G . 1 C v : i i i ~ :tnd the officers
and soldicwi wider his coinmmd;
which W:LR rc:d first t ~ n dsecond tinics, wgroswd, r ~ : d:t thiid tinic,
mid p i s s d urmniiriously.
Mr. Avory, fi.oin t,ho Coniniittet? o n Military Affairs, to whoin wis
ref(:rrVd
)Itition of inquiry as to thc espcdicncy of issuing commissions
to wrt;siir ofticers, to date from the time of their cornrnencement of
swvic-c,

fi-oni which the coniniissions of certain

which was rc~ullirst, : ~ n dm v n d tinws.

Mi.. Joncs of l(\niiwseo niovctl to :mend by :Ldding the following
words, to wit:
Ant1 all sndi oftivcbrs wlio
:wl tially disdi;~rgedtlw du
d d 1 recvivc p y froiii t he
their siiwcssors,

(*oiiiiiiissiotisfro111 tlici
ncztivc Statcq, arid
tid oflico niitil their SIIC
s w r e appomted,
Ire+ transfer to 1tic t i m e of tlir appoiiitinent of

And, upon which iriotion, tit t h e instance of tlic State of Tennessee,

he dciiinndcd that the ye;rs find nays of the whole body be recorded;
w1iic.h :ire a h follows, to wit:
Alabamti-Nay : Mr. &Rae.
i

Dee. 17,1861.3

PROVISIONAL CONGRESS.

581

Arkansas-Yea: Messrs. Thomason and Garland.

Flo;ida-Yea:
hlr. Omens.
Mr. Wright. Nay: Messrs. Howell Cobb and
Georgia--Pea:
Crawford.
I<entucli-y--?;ay : Nessrs. Monroe and Burnett.
Lonisiana-Yea: Mr. Conrad. Nay : Messrs. De Clouet and Marsha 11.
Mississippi-Yea: Nessrs. Bradford and Campbell. Nay: Illcssrs.
Elarriq, Rrooke, and Harrison.
Missouri-Yea: Xlessrs. Clark, Conrow, and Bell.
North Carolina- Yea: illessrs. Davis, Smith, McDowell, Venable,
Morehead, and Dxvidson. Nay: Mr. Avery.
South Carolina-Yea: Mu. Rhett. Nay: Mr. Boyce.
Tennesscc- Pea: Messrs. House, Atkins, Jones, De Witt, and
Currin.
Texas-Y ca: Messrs. Oldham and Ochiltree. Nay: Bfessrb. Reagan
and Waul.
Virginia-Yea: Messrs. Seddon, William n. Preston, T~7ler,Macfarland, Bocock, Rives, Botcler, Brockenbrough, Russell, Staples,
and Walter Yreston.
Yea: Arkansas, Florida. Missouri, North Carolina, Tennessee, arid
Virginia, 6.
Nay: Alabama, Georgia, Kentucky, Louisiana, and Mississippi, 5.
Divided: South Carolina and Tcxas, 2.
So the nniendment was not agreed to.
Air. Sjcddon moved to aniend by inserting after the word volunteem the follon4ng words, to wit: and who mey have commenced
their scrvicc: hef ore receiving their commissions.
The aniendincnt mas agreed to; and
The bill as amended was engrossed, read third time, and passed.
Mr. Smith of Alahaiiia moved to reconsider the rote by which the
report of thc Secretary of War and the accompanying docunicnts 9icre
referred to thr, Military Committee, with instructionq to report, c t r . ,
and on .rrhich, at the instance of the State of Alabaiiia, 110 dcinandcd
that t h e ycas and nays of the mhole body be recorded; which are as
follows, to ikit:
Alahanin--Ye~: M ~ s s r s .Smith and &Rae.
Arkanbas Kay: Messrs. Thoniason and Garland.
Blori&-Yca:
Nc
. Morton and Owens.
Georgia---Tea: Messrs. Foreman and Wright. Xay : Alessrs. Iio~vcll
Colsb end Kcnan.
Kentucky- Kay: Mcssrs. Monroe and Burnett.
Louisiana-Yea: Mesws. Yerliins and Marshall. Kay: Messrs.
De Clonet, Conrad, and Kenner.
Xississippi-Kay : Messrs. Harris, Brooke, Orr, Bradforcl, IIarrison
and Campbell.
Missouri-Nay: Messrs. Clark, Conrow, and Bell.
North Carolina-Yea: Messrs. Smith, Morehead, and Pnryear.
Nay: Messrs. Davis, Rvery, 1LlcIIowel1, Venable, and Davidson.
South Carolina-Yea: Mr. Rhett. Xay : Messrs. 13arnwell and
Boyce.
Tennessee-Yea:
Mr. De JVitt. Nay: Messrs. I I o u ~ e ,Atlcins,
Jones, and Currin.
Texas-Yea: Mr. Ochiltree. Way: Messrs. Hemphill, TVaul, ::nd
Oldham.

582

JOURNAL O F THE

[Dec. 18, l%l.

Virginia-Nay : Messrs. Seddon, William H. Freston, Tyler, Macfarland, Bocock, Rives, Brockenbrough, and Bnssell.
Yea: Alabama and Florida, 2.
Nay: Arkansas, Kentucky, Louisiana, Mississi pi, Missouri, North
Carolina, South Carolina, Teunessec, Texas, and irginia, 10.
Divided: Georgia, 1.
So the motion to reconsider did not prevail.
The Chair presented a eornniuriication from the Sccrctary of TfTar
in reply to a resolution of inquiry from the Cong-ess as to the nun~lser
of troops cnlistcd for the mar; which WLS read and laid on the table.
Mr. Kenner moved t o take up for consideration the resolution introducked by him relative to the adjournment of Congress.
r 7
I h o iriotion was agreed to, :mil pciiding the consideration of the same,
Mr. Conn~dnio\-cd that Conp
do t t o \ \ . :djonrn, :Lnd iipon which,
at the instance of the Sitato of I
s k i m , l i c dcinanded that the yeas
and riays of tlia wliolc l)ody I)c ~*ccoi*dctl;
wliic~liarc as follom, to wit:
A1:~l):~iii:~
--YW: MPC.SI*S.
Siiiitli and 3 l c * l h ~ .
Arlitllrh:is--Y(>:t: McssI.,~. Tho1iitiho11 s t r d ( h r l : > I i d .
Floridti- X L ~hfessn.
:
Morton atid Owms.
. 13 orrniaii, \\'right,
($eoi.gia-Yr:i : Mr. Howcll Cobb. Say: $1
and I<ciim.
Kcntticky- Nay: Messrs. Moriroe and 13urrwtt.
Louisim~---Yc:i: Messrrs. Yerlrins a i d Coimld. Nay : Messrs. De
Clonet, l<enncr, and Marshnll.
rs. Rroolie, Bradford, IItirrison, and CampMississippi --Yea:
bell. h':ly: Mchsrs.
Conrow. Nay: Mr. Bell.
North L'uo1in:t --Ycn: Mw,rs. Davis, ,\wry, Ven:Lblc, and Pnryear.
IcI(.Dowcll, Morc!lie:id, and Ihvidson.
80u11i Carolina-Yk'cn: MRlcssrs. 1ZhcLt mid UOJ'CC. Nay: Mr. Rwn-

co-- N : L ~ :M t ~ s n r ~Ilouse,
.
Atkitis, Jones, Dc Witt, and

Tcx:ts-Yc;L: M P ~ S WI.~ ~ ~ r n p l ~R':iul,

i l l , and O1dh:ini. Kay: Mr.
Ocliiltrce.
Virginia-Yca:
Messrs. Sdtlon nnd \Villi:mi 13. l'r(1hton. Nay:
1's. T y l o ~ 13ocoek,
,
Rive\, :tnd 1 3 i , o c . I i c n ~ ) ~ o u ~ ~ i .
Yw: Rlnl~uiin, Rr.'kXiihiIh, AIissihhippi, il'llisbouri, North Cnrolina,
Sotit11 ("iLI'oli1iti, :1t1<1 'I'(:X:LS, 7.
N:iy: I'loi.id:i, (horgi:L, IContuc.ky, Louisi:in:L, Tennessoe, and Virgiiih, ti.

So t lit. nrotion 1 o : d j o u n i pwviiilrtl; and

rl'hc~Cli:iii* tlcc*l:ii*cltl tlw Congww :ul,iourrie(I iiirtil 19 o'cloclc in.
t0-1110rrO\V.

Dee. 18, 1SGl.l

PROVISIONAL CONGRESS.

583

SECI1E:T SESSION.

Congrc-s heitig in secret session,

ni(w:tge was received from the President, by the hands of his
Privatc S(:crctBry, Mi-. Jossclyn.
N r . Orr, from the Committae on Engrossrrierit, reported ILY correctly

tho transfer of certain appropriations;

An wt t o cbtablish t h e date from which th e commissions of certain
staff otliccrs shall take effect;
A ~*esolution
oi thanks to Brig-. Gen. N. G. Evans and the officers
and soldiers undel. his corninarid for their gallant conduct iii the battle
of 1,ceshurg; and
An act for the rccruiting service of the Provisional Aimy of the
Confederate States.
11r. ,Johnson of Arkansas, from the Committee on Iiidiaii Affairs,
at the. i n s t a n c e of that committee, moved that tomorrow be set apart
f o r tlic conbidchion of the Indian treaties i n executive session.
Tlic inoti(w w:is not agrccd to.
Mr. Crawford. by gcncrd coitscnt, offered a resolution providing. f o r
the aplx~intmcntof :Lcommittee of tliwe to examine into the nittuner
by T\ Iiiclli thc wcivt procwdingh of Congrcss mere madc public, and
gi\.iiig sitid coniniittce power to S C I for
~
peryons and p a p c r ~ .
3 L r . I h t t cnilcd tlic quc~~tioii
; which w a s seconded, when Afr. ICe~ian,
nt tho in\t:in(~c o f thc State of Georgia, demanded that the yeas and
naj s o f tlic n holc t~odj7be rccorded thereon;
\I1,
1c11.
>Ire L1:trris of Missouri mored to reconsider the vote by which tlic
d e r i ~ n dfoi. the question was sustained.
'l'he inotiou to rwonhidcr prevttilcd, arid 3Ir. Ithett withdrew t h e
dc 1timid f o r 1h c> q u c i t i 0 11.
Nr. CIXM
ford i n o v ~ dto ainend his rcwlution by adding thewto the
f o l l o \ ~ i ~Tvord\,
lg
to wit:
that saitl coiiiuiitttke 1)r initruc%etl to report such legislation RS mill prrwnt the
pulhc.ation of the Iirocc.etlings of t h s body in future, unless thc irijunction of wcmxy
he re111orrtl the1 efro1n

The :uncndmcnt war agreed to.

hiid the clue5tioii rcvirring upon the adoption of the wsoliition as
anicndetl, tlic s:iinc \va>adopted, 2nd is as folloms, to wit:
Ilpsolc rd, That A coiiiuiittec of thrcc he appointed b y the Chair to examine into tlie
I)y \\ hich tlic procr4ings of this body h a r e been made public,, and that said
c~oiriniittec ha\ c pon er to wnd for persons arid papers, and that said coinmittrc be
instructed to r c l p r t siicah lrgislation as n ill pre\
thc publicatioii of tlic proceedings
rery be removed therefrom.
of this J m l y i n fatnrr, iinleqq tlie injunctinn o f
iiiitiincr

Thc Chair announced the f o l l o ~ ~ i nasg the comiiiitlee:

M C S Z ~Corir:d
*~.
of Ilouisinm, Johnston of Virginia, and Avcry of
Sortl-i Cholina.
Thtx C'ongrrss then procceded to the coiisideration of the niilinishccl
lxtiiilc,ss o f yesterday; 1vliicli was the resolution of Mi*. Kenncr, providing for a recess of Coilgl.ess.
Air. \ T a d iiiored to aincrid the resolutiori of MY.Kenner by striking
out the rvholc thereof and subhtituting in lieu of the same thr, follorving, to wit:
Resolzed, That mher1 this House adjourns on Monday, the twenty-third instant. lt
will adjourn to meet on the thirteenth (lay of January nest.

584

JOURNAL OF THE

[Deo. 18,1861.

Mr. Bocock called the question; which was seconded, and Mr. Waul,
at the instance of the State of Texas, demanded that the yeas and nags
of the whole body be recorded thereon; which are as follows, to wit:
Alabama-Yea: Mr. McRae.
Messrs. Thomason, Garland, and Watkins. Nay:
Arkansas-Yea:
Mr. Johnson.
Florida-Yea: Messrs. Morton and Owens. Nay: Mr. Ward.
Georgia-Yea: Messrs. Foreman and Wright. Nay: Messrs. Howell Cobh, Crawford, and Kenan.
Kentucky-Yea: Mr. Johnson. Nay: Mr. Monroe.
Louisiana-Yet: Messrs. De Clouet and Kenner. Nay: Mr. Perkins.
Mississippi-Yea: Messrs. Om, Bradford, Barry, Harrison, and
Campbell. Nay: Mr. Brooke.
Missouri-Yea: Messrs. Cookc, Harris, Conrow, Freeman, and Bell.
Nay: Mcssrs. Clark and Vest.
North Carolina-Yea: Messrs. Davis and McDowell. Nay: Messrs.
Avery, Smith, Venable, Morehead, Yuryear, and Davidson.
South Oarolina-Bay : Mcsers. lihctt, Iiarnwell, and Boyce.
Tennessee-Yea: Messrs. Atkins, Currin, and Curuthcrs. Nay: Mr.
De Witt.
Texas-Yea: Messrs. Hemphill, Waul, Oldham, and Ochiltree.
Virginia-Nay: Messrs. Seddon, William I3. Preston, Hnntrr, Tylcr,
Macfarland, Bocock, Boteler, Rrockenbrough, Johnston, Staples, and
Walter Preston.
Yea: Alabama, Arkansas, Florida, Louisiana, Mississippi, Missouri,
Tennessee, arid T e x q 8.
Nay: Gaol ia, North Cttrolina, South Carolina, and Virginia, 4.
Divided: ~ k t n c l c y 1.
,
So the ainendnlent was agreed to.
Mr. Pcrkiris moved to lay the amendment, by WRY of substitutc of
Mr. Waul, on tho table.
When Mr. Foreman called the qucstion; which was seconded, and
Mr. Perltins, at tho instmce of tho State of Louisiana, demanded
that t h e yeas and n t ~ y sof tho wholc body bc rccorded thereon; which
are as follows, to wit:
Alabania-Yea: Messrs. IIdo and McR:te. Eny : Mr. Smith.
Arkansas-Yea: MCSS~S.
,Johnsonand Thoinason. Nay : MI..Watkins.
Florida-Tea: Mr. Ward. Nay: Messrs. Morton and Owens.
Georgia-Yea: Mcssrs. Tooixibs, Howell Cobb, and Kenan. Nay:
Mcssrs. Foreman and Wright,
Keritud~y--Yea: Messrs. Monroe, <Johnson,and I3urnett.
Louisiantt-Yea: Messrs. Perliins and Marshall. Nay: Messrs. Dc
Clouct and Kcnner.
Mississippi-Yca: Mcssrs. Harris, Orr, Hr:idford, I3arry, IInrribon,
and Cainpbcll.
Missouri-Yea: Messrs. Clark, Conrow, Vest, and Erccmm. Nay:
Messrs. Cooke, IInt.ris, : i i d Bell.
North Carolina-Y w: M cssrs. Davis, Venablc, a i d liiryear. Nay :
Mesurs. Avery, Sniith, McI>owell, Morehead, a n d Davidson.
South Carolina--Yea: Messrs. Rhett and Boyce. Nay: Mr. 13arnwell.
Tennessee-Nay : Messrs. Jones, De Witt, Currin, and Caruthers.
Oldham and Ochiltree. Nay: Messru. HempTexas-Yea: MCSS~S.
hill and Waul.

Doc. 18, 1861.1

585

PROVISIONAL CONGRESS.

Virginia-Yea: Messrs. Seddon, milliam I3. Preston, Tyler, Macfarland, Rocock, Rives, Rotcler, Brockenbrough, Russell, and Johnston.
Pea: Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri,
South Carolina, and Virginia, 8.
Kay : Floridn, North Carolina, and Tennessee, 3.
Divided: Louisiana and Texas, 2.
So the motion to lay on the table prevailed.
Mr. Johnson of Brlmnsas rnored that to-morrow be set apart for the
consideration of the I n d i m treaties in cxccutivc session.
The motion was agreed to.
Mr. Conrad moved that Friday next be set apart for the ccnsideration of bills from the Committee on Naval Affairs.
The iiiotion was agreed to.
On motion of Mr. Ochiltree, Congreas then proceeded to the eonsideration of
A bill to organize the Territory of Arizona, and to create the office
of surveyor-general therein;
And Mr. Oury, a Delegate from the Territory of Arizona, having
addressed the Congress on the subject, tlie bill was, on motion of Mr.
Ochiltree, rccomiriittcd to the Coinniittee on Territories, with instructions to report a, hill which sliall bc the special order of Saturday next.
Mr. Orr, from the Coninii ttcc on Engrousuien t, reported as correctly
engrossed :uid enrolled
An act further supplementary to a n act to authorize the issue of
Treasury iiotcs, and to proicle x war tax for their redemption.
Mr. 130ycc, by gcrieral consent, presented the petition of Rufus M.
Johnston and others, relative to the sequestration act,; which was
referred to the Cornrnittce on tho Judiciary, without being read.
EXECUTIVE
DCPARTXENT,
Richmond, December 18,1862.
Mi-. President: The President has this day approved and signed
An act to provide for the payment of the carriers of tlie electoral votes of tlie respective States of the Confederacy;
An act to establish tlie daie from which tlie coinmissions of certain staff officers
shall takr effect; and
A resolution of thanks to Brig. Gen. R. G. E r m s and the officers and aoldiers
under his command for their gallant conduct i n the battle of IJeesbrirg.
ROBERT JOSSELYN,

R i v n t e Secretary.

The Chair presented a communication from the President, ti-ansmitt i n g to Congress a letter from tlie Bttorncy-General relative to taxes
due on sequestered property; which was read and referred to the Committee on the Judiciary, and is as follows, to wit:
EXECUTIVE
DEPARTHENT,
Richmond,December 18, 1861.
70 tlia honorrchlp Pwsident of the Congress.
S I R : Ilrre,vith I transmit a letter of the ,4ttorney-General, covering acommunication
o n thc subject of taxes due upon property sequestcrcd by the Government of the Confedelate States, and for which i t is liable to be sold on account of the several States.
The attention of Congress is called to the necessity of pro.r.iding for t h e paynent
of sums now due, as well as thosc which will become due, on account of the property
referred to and which i t is believed must remain subject to taxation by the several

States.

JEFFERSON DAVIS.

586

JOURNAT, O F TFIE

[Dee. 78, 1861.

The Chair also presented a niegsage from the Prcsident; which was
read and, with accompanying documents, referred to the Committee on
Milihry Affairs, and which IS :is follows, to wit:
To the Irocisional Congress of tile Cbnfeclerate States.
I herewith transmit a copy of a comniunication froin XPr. William S. Ashe, urging
the complrtion of certain railroads as necesrary for the proper transportation of troops
and military stores i n the evipencies of t h e present war. I also transmit a copy of
a communication from Nr. E. Pontainc., president of the Central Railroad of Virginia,
urging the completion of twenty miles of t h e Covington and Ohio Railroad upon considerations of riiilitarv necessity.
I communicate to you with these letters a series of resolutions adopted at a convention of railroad presidents, held i n Birhrtion(l on thc Gth December, asking for
the assistance of the Confdcrate Govcwimont in procuring certain supplies Iiich

.I I ~ ~ ~ ~ ~ 1~) 1I YIS.
~ ~ l ~ h O
I ~ l c I l 3 r o v l l ,l ~ , ~ ~ l l l l IY,
l l ~ ~I.%L
l

Tliv C I i : ~ i r : i l w p i ~ w nct ~ :Il ~ ~ o x ~ i i i ~ i i t ~ i ~f ~i -:o~i i ti i ot hi1

t i I t * w i c l ~ ~:~ i t
wliich, with t Iic :tc.c~oiiri):i~iSiti~
do~witwiits,W:L< i ~ : i t i: i t i d 1:titl o n th(.
tal)l(~,w d w l i i d i is 24 ioIlo\\~~,
1 0 wit :
7 b tlw lto~zorrtblt~
P r e d c i i t (;//IIO COIL:^ \,A.
SIR.1 horc~yitlitransillif t o tli(. Gong
of Tciinc,ssee in accordancfiewith 1 lic rcq

i~

cx)l)y of :i joint resolution of tlie Stale

J RFFEIWON DAVIS.

Dcc. 19, lbGl 1

PI10VI6IONAL CONGEESS.

587

EXECCTIVE
DBPARTXENT,
12ichnzond, December 18, 1861.
Jfi. President: The P~esidenthas this day approved and signed
Ah
act providing for the transfer of certain appropriations.

ROBERT JOSSELYN,

On motion of Mr. Konan, Congress then resolved itself into executive session; G and having spent some time therein, again resolved itself
into legislative session.
Mi-.Xciian, from the Committee on Military Affairs, returned an
enrolled bill, and by unwnimous consent was allowed to make a verbal
alteration in the same, t o wit: try htriliing o n t the words the various
regiments and inserting i n lieu thereof ocrvicc for the mar or for
three ycxrs.
Congress, o n mot ioii of Air. lfioiiwson,
Then adjourned riiitil 12 oclock to-morrow.

Congrcss being in sccrct, scssion,

Mr. Or18presented the nieniorial of n surgeon of a illississippi r e iment; which TVRS r c f enwl to tlic Committee on Military Affairs, wit5lout b e i n v read.
Mr. $oubc offered thc following rcmlution; \vl.iich was read, and is
as follows, to wit:
Resoh ed, That t h c Swrt+ary of the K a r bc
~ cmiponered to purchase four steamboats, to be cmivcrtc.d as m011 RS practic.ai)lc i n t o pinil-mts, for the defense of the
Cumberlarid River, a n d also to procure a l i k e n i i i i i l ~ roi gunboats for the defense of
thc Tennebwe I t i w r , at the c:?rlicst practicaabkmomt~lt.

Mr. I3xrn\vcll i r i o r ~ dto refer thc rcsolatioii to the Committee on

Naval A f h i r s .
Tho niotioii did not p r w n i l .
The q u c 4 o n then recurred upon ngrccing to the resolution of Mr.
House; arid the rote having 1)ccn tnkcn thercon, the mnic was adopted.
111r. Russell niowcl that (ongr~hsdo ~ i o wprocced to the consideration o f tho speci:il order for the d::y; which ivas tho consideration of
a resolution relating to i?I~iryIa~id,
otlcimi 1)shimself.
Tho motion I\ as agrwd to, ;Lnd Congress having proceedrrl Lo the
considcr ation of the 1-emlutiori; whirh is as follows, to wit:
Rcnoli rtl hj the C0itgws.s of f l i t ~
the goocl people of &Iaryl&id, 111
found sym pa tli y nntf en tit 1 I \ the
their relief; ant1 that t h e war
admission of Maryland into this

h z e r i a r , That tlie sufferings of

excite our prosiitl cflicierit cxwtions on our part for
losccuted with a view to facilitate the
)n with the full consent of her people,

O J ~ , ~ ~ ~ I ~ I ~ .of
~ I I I ~

o : ~of our ciieiny,

nThe Journal of this extwitive session hns not been found.

588

JOURNAL O F THE

[Dcc. 19,1861.

Mr. Russell moved to amend the same by striking out therefrom the
following words, to wit:
and that thc war should be prosecuted with a yiew to facilitate the admission of
Maryland into this Confederation with the full consent of her people,

And by inserting in lieu of the same the following words, to wit:

that i t is the desire of this Government, by appropriate measures, to f a d i t a t e t h e
accession of Maryland, with t h e free consent of her people, to the Confederate States.

The amendment was agreed to.

And the preamble of the samc being under consideration; which i s
as follows, to wit:
Whereas t h e State of Maryland has suffered the same wrongs which impelled these
Confederate States to wittidraw froin the United States, a r i d is intimately associated
with these Rtatcs by pcographicd silur?tinn, by ~iiiitiixlintc>rc=t\,by similarity of institutions, and by enduring sentinicnta ~f rcc.iprod atiiity aud eltwm; nud
Whereas i t is bolieicd that a large majority of the good prople of Maryland ear;:I dcsire which is proved
nestly desire to unite tliei
ieasures cinployctl by onr
to e x k t even hy tlreviole
enemy to restrain the ex
isoniny meinbcrs of the
Whereas t h e Governm
legislature of Maryland, by rsta1)lishing pow~rfiilaririies of foreign troop3 w
State a n d along her horders, and by suppressing \I ith anlied, force the fr
speech and of elections, has prcventcd t h e people anti t1ic.w reprf~wirtat
adopting the politic%l connection wlrich t h t y prefer, and, in wvcnqe of their preference, has inflicted upon them inany outrages and establishctl over them a foreign
despotism; anti
Whereas the acoessioii of Maryland to this Confederation will be niutually beneiicial, arid is esperially irnportant to Virginia afi well as Maryland: Bc i t therefore.

Mr. Russell rnovcd to nrricrid t h e same by striking out therefrom the

following words, to wit: : ~ i i d is cspccially important to Virginia as
well as Maryland.
The nmendment was agreed to; and
MI-.
ltivcs iiioved furthcr to airicnd by iiiberting therein thr following
words, to wit: and ir eswntial to thcj
urity and dignity of the
Confederate States.
The anieiidnicnt MIAS ttgrced to.
And the preamble and iwolirtion :is :Lniendcc\ wcrc engrossed, rend
1~ third timc.
Mr. Tthott moved to wconsidct. the votc 1 ) ) ~ wliicli thc, Congi*css
d f o :t~third reading.
ordei-ed tlie rosolntion to 1)c engrt
Tlr o 111oti0 n prci mil c d ; mid
Mr. Ltlictt Inoved to t r i n c ~ i i t ltho s>xiuel)g nddiiig :LX :in :tdditional resolution tho following, to wit:
That no peacc oughtft(Jbo coiicliiclt~dwith tlrc United States which docs not insure
t o b h r y l a d the oppoi taaity of forining :I part of this Chnfciieracy.

And upoii wliic.li IN? c ~ l l c dthe qwstiou ; which

When,

W:LY

seconded;

Mr. Conrad, :It the instance of t h e St:dc of I m ~ i s i : ~ i iclciiiatidcd

t~,
thtit t h e yeas and nays of the wholc l d y Iw rccorded tlicrcon; which
are as fol~ows,to wit:
Rlaba~~it~--Pct~:
l\icssi*s.Smith, I E:Llci, m1d hIclLac.
Arkansas-Yea: Jlc?ssi*s.rJi)linric)n,CholrltLw, iiiid Garland.
Florid:~-Yea: MY. O\vc>nh.
Georgia-Yea: Mr. Toombs.
Ken tncky-Yea: Messrs. Monroe and Johnson.
Louisiana-Yea: Messrs. 1erlrina:uid De Clouet. Nay: Mr. Conrad.

Dec. 19, 1861 ]

PROVISIONAL CONGRESS.

589

Nishissippi--Pea: Ncssrs. Harris and Bradford. Nay: Messrs.

Barry and Cainpbcll.
Ilfi5sou~i-Yca: Alessrs. Clark, Cookc, Conrow, Vest, Freeman, and
Bcll.
North Carolina-Yea: Messrs. Al-erg, Venable, Morehead, and
Davidson. Yay: Messrh: Davis and McDowell.
South Carolina-Yea: Nessrs. Rhett, Barnwell, and Boyce. Nay:
Mr. Mernminger.
Tennessee-- Yw: 34cssrs. House, De Witt, Currin, and Caruthers.
Texas-Y c x : Illcssrs. Waul a n d Oldham.
Virginia--Yea: 3% IS. Seddon, William 13. Preston, Hunter, Tyler,
Macfarland, 130cock, Rives, Boteler, Brockenbrough, Russell, Johnston,
Staples, and TValtcr Preston.
Pea: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Nissouri, North Carolina, South Carolina, Tennessee, Texas, and
Virginia, 12.
Divided: Mississippi, 1.
So the amendment was agreed to.
And Mr. Itussell moved to amend the titlc to the same by making it
read Resolutions relating to Maryland, in lieu of A resolution
relating t o Maryland.
The aniendincnt ~ v a hagreed to.
h n d thc resolution as xinended, togethcr with the preamble and
title, wab engrossed, read a third timc, and passed, and is as follows,
to wit:

Iiesoli~tiorisrelating to ~ a r ) l n l l i l .

Whereas the State of Maryland has suffered t h e same wrongs which impelled
tlicse Confederate States to witlidraw frorn the United States, and is intimately associatcd with tlicsc States l)y gcwpraphical situation, by mutual interests, by similarity
of institutions, and by cridriring scntinients of reciprocal amity and esteem; and
1iere:is it is l A c v e d that a large niajority of tlie good people of Maryland early desire to unite their State with the Confederate States; a desire which is
Ted to exist even b y the 1 iolent, extraordinary, and tyrannical nieasures employed
by our enemy t o restrain the expression thereof; and
Whereas the <;overiiinent of the United States, by iniprisoning members of t h e
~
powerful armies of foreign troops within
legislature of bIaryland, 1 ) esta1,lishing
that State and along h r r l)orciers, and by suppressing with armed force the freedoin
of speech a n d of elections, has prevented the people and their representatiws from
adopting the political vonnection which they prefer, and, in revenge of their preference, has inflicted upon them many outrages and established over them a foreign
despotism; and
Whereas the accespion of Maryland to this confederation will be mutually beneficial,
and is essential to the Fecurity and dignity of the Confederate States: Be it therefore
Eesolved by the Co:iqt+(ssqf tlie (hnfedrrctte 81iClntrs of America, That t h e sufferings of
the good people of .Maryland, rincier the oppression of our enemy, excite our profound sympathy and cmtitle them to speedy and efficient exertions on our part for
their relief.
Second. That it i. the desire of this GovernmentJby appropriate measures, to facilitate the accession of Maryland, with the frec consent of her people,
the Confederate States.
Third. That no peace ought to k x s concluded with the United States which does not
insure to Maryland the opportunity ot forming a part of this Confederacy.
ExEcvrIvE D E P ~ H I M E N ~ ,
Riclimoiitl, December 19, 1861.
Zr. President: The President has this day approhed and signed
An act further eupplenientary to an act to authorize the issue of Treasury notes,
snd to provide a war tax for their redemption.
ROBERT JOSSELYM,
Prioccte Xecretanj.

590

JOURNAL O F THE

[Dec. 19,1861.

T h e Chair presented certain cstilnstcs of tho Secretary of the

Treasury; which were referred to the Committee on Finance, without
being read.
MI-. T-Zarnwell, froin tho Coninii~tecon Finance, by iunanimous consent, reported back and recommended tlie passage of
An act for the per dicin and mileage of carriers of the electoral
votes for President and Vice-President to the seat of government;
which was engrossed, read third time, and passed.
On motion of MY.Johnson of Ayliansas, Congress then resolved
itself into executive session; mid having spcnt some time therein,
again resolved itsell into legislative session.
Mr. Orr, from t hc Committee on Engrossment, reported as correctly engrossed and enrolled
An act f o r the recruiting service of the Provisional Army of the
Confederate States.
E~ECUTIVIG
DEPARTMEET,
I~iChnio~Ld,
.DPcernber 19, 1861.
ilfr. President: The President has this day approved and signed
An act for the recruiting service of the Provisional Army of the Confederate SkdteS.
ROBERT JOSSELYK,
Iyi?iate Secretary.

Mr. McRae, from t he Committee on Engrossment, reported as correctly engrossed and cnrollcd
An act for the per diem and milcage of carriers of thc electoral
votes for Ircsident and Vice-Ircsident to the 5c:~tof government.
Mr. Johnson moved that to-morrow bc set apart f o r tho further
considomtion of thc I n d i m treaties in executive session.
Tho mo tio ti yrcv tiilotl.
And, on niotion of Mu. V ~ i i : h l ( ~ ,
Congrws :idjonrned iintil LS 0cIocI~in. tomorrow.
MXECUILVE

s1~:ssIoN.

Congress bihig in e
in:ition of If. G. Evans, of the
On motion of Mr.
State of Sonth C:u.olin:i, wac; tdwn lip, :ind Congress advised and consented t o the noniination.
Mr. Jolznxon of A l . k f l i l h i L h , IIWJI~tho Coninlittee on Indian Affairs,
to wlioni WILS rcf(~rcc1tht: I ~ P s s :of~ thc
~ ? Prcsident, with accompanying docwments, in rcfcrcnce to tucnties with various tndkn tribes,
I*cpor*tcd
to Congrrxs tho treaty k x h w n tho Choctaw and
Chioktisaw i d j o i i s o f Jlldiibils a i d tho Confederate Stittw of Aincrica,
i*cwmmiciitling tli:LtJ Coiigrcs5 do riitify the smic, with amonduients
hc~*ci~ft(>
I 101tol*tcd.
The twcnty-scycntli :i rt iclc ol tlw 1 I C ~ty 1i:ivinp h e n read, :LS follows, viz:
1 ) : ~ ( 8 k

I II nrdvr to cnal)lc the Clioct:/w and Chickasaw nations to claim

heir irittlieats 11 itliout iukrrcnticin ot agents or counscl, m d
in tlir coiuitry of eurh other, they sh:ill be jointly
SP of Itciptc~eiitative~
of thc Contederate States of
, and be a inember, b y birth or
blood, 011 eitlicr the fttthersor I I I O ~ ~ I U I side,
H
of one of s t i d nations, over twenty-one
years of agc, aud laborinffiiiitlcr 110 legd t1iwl)ility 1)v tlie l a w of either nation; and
sncti 1)elegatoshall bc entitled l o thv ~ m i iiglitb
e
a d privilege4 as may IIPenjoyed
by I)elcgatc,r from any Territory of t h e (oiifctlcrite Statrii. Tlie first election for
Delegate sliall bo held at such tiiiie a n d placca, arid be conducted in such manner aa
~ T I C L E XX\II.
:

591

person whose ncancy he fills.

3Ir. Johnson of 11rl~aris~s

moved to amend the same by striking
thcrc+rom Llic following - \ \ ~ ~ dYiz:
3,
to tlic w n c riglib ant1 privilcgc~sas niay l)e riijoyetl by Delegates from any Territory of the Conic+rate StRtcs.

Tlic qucstion being,

Shall the words remain R part of the article?
Tlic vote thereon mas ttiken by States,
i4nd is as folio,vs, Yiz: l e a s - . _ _ - - - - - _- ._ _ _ _ _ _ _ _ _ _ _ _ - - _ __ _ _ _ 0
N n j s - .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 13
Yea: 0.
Nay: Alabtimn, Arlinnsas, Fioridii, Gcorgia, Kentucky, Louisiam,
Xississippi, Rlisbouri, S t r r t l i Chrolin:L, South Cnrolina, Tennessee,
Tcxiis, and YirginitL, I:<.
I?)) o-thirds of tlic StiLtrh \ d i n g in tlic n c p t i v t , the words were
htriclion out.
3Ir. cJohiison of Arlitmsas inovcd to iiisert in licu of the words
\tricken out, the following \f orcl\, to wit :

-lT

to a seat in the Hall ot tlir I I o i i b ~of Ikprescntstivcs, to propose aiid introduce

i i i ~ a s u r ~for
b the. benefit of ,inid iiatioiiq, and to l)e h a r d in rcgartl tlirreto a i d on
other questions iii 1%h i d l either of p a i d iiatioiir i p particnl;irly iriterebterl, aiid such
other rights and prir ileges as may be cleterniiiied 1 )y the House of Representatives.

JIr. Barnwell ruovcd to ainend the xmcndrncnt hy striking out all

of the same, except the following words, Yiz:
such rights and pri\ ilcgeq a. iiiay be cl&~riiiinetl b y the Iiouee of Representatives.

311.. Broohc, mo~-cclto lay tho motion of Mr. Barnrvcll on the table.
The iiiotioii prevailed.
The question rccurriiig on the motion of Mr. Johnson of Arkansas,
the vote thereon ~ a t:tl<cn
b
by Statrh,
.- _.
. _.
.- -.- - .
._.
.- - - .
- _.
_ _ .. 13
is xb folio,\ h, viz: 1\ Yetis
Sap - .._ _ .-_
-_
..._.
._
_ -_
-. .
_ _ _
0_ _
Yea: A l a b ~ i i : ~Rrltansas,
,
Florida, Georgia, Iientuckx, Louisiana,
llississippi. Nissouri, North Carolina, Soulh Carolina, Tennessee,
Texas, and Virginia, 13.
Kay: 0.
Two-thirds of the States \ oting in th e affirmative, the motion was
aglw?d to.
Thc twcnty-eighth article having been read as follown, 1%:
A ~ u i c i xSXVIII. I n consideration of thc uniform loyalty and good faith, and tho
tried friendship for the people ot the Confederate States, of thc Choctaw and ChickBPA\\ people, aiid ot their fitness and tapaclty for self-government, proven by the
estal)li4iment and successful maintenance, by each, of a regularly organized re ub
licau po~eriimeiit,with all t h e forms and safcguards to which the people of the
fedeiate States a l e accustomed, it is liereby agreed by the Confederate States, that

8011:

592

JOURNAL O F THE

[Dec. 19,1861.

whenerer a n d so soon as the people of each of Faid nations shall, by ordinance of a

convention of delegates, duly elected by majorities of the legal voter8, a t a n election
regularly hcld after due and legal notice, i n pursuance of a n act of the legislature of
each, respectively, declare its dcsirc to become a State of t h e Confcdcracy, the whole
Choctaw and Chickasaw country, as above defined, shall be received and admitted
into t h e Confederacy as one of the Confederate States, on equal terms, in all respects,
with t h e original States, without regard to population; and all t h e members of t h e
Choctaw and Chickasaw nations shall thereby become citizens of the Confederate
States, not including, however, among such members, the individuals of the bands
settled in the leased district aforesaid: Provided, That, as a [condition] precedent t o
such admission, the Paid nations shall provide for the surrey of their lands, the
holding in severalty of parts thereof by their people, the cfrdicatlon of a t least one
section i n every thirty-six t o purposes of education, and t h e sale of such portions as
are not reserved for these, or other special purposes, to citizens of the Confederate
States alone, on such terms as the said nation shall see fit to fix, not intended or
calculated to prevent t h e sale thereof.

Mr. Johnson o f Arkanstis, f r a n the Committee on Indian Affairs,

moved to aincnd the same by striking out tlic following words, viz:
the whole Ciioc.taw antl Chickasaw country, ns above defined, shall be received
and admitted into the Confederacy as one o f the Confederate States, [on equal terms,
in all respects, with the original States,] without regard to population; and.

The question being,

Shall the words designated remain as part of the article?
T,he vote thereon was taken by States,
And is as follows, viz: Yeas-- - - _ _ _ _ _ -- - _ _ -. _ _ _ - _ -- - - - _ -_ -- - 0
Nays - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 13
Yea: 0.
Nay : Alabama, Ark:tnsns, Florida, Georgia, Kentucky, Louisiana,
Mississippi, Missouri, North Carolina, South Carolina, Tennessee,
Tcxms, and Virginin, 1 3 .
T7;Yo-tliirds of the Stiltcs voting in tlic negative, the words were
stridicIi out.
Mr. Johnuon of h ~ l < : ~ r i s i niovcd
is
to :tinend by inscrting i n lieu of
the words stricken out, the following words, viz:
the application of tlic said nations to bc adrrut
il State into the Confederacy
on equal trrms, in all reupcwts, with tlic origin;tk
, shall hc rcfcrretl to and considered by the Congress of the Confedcrate Statw, by whose act alone, under t h e
Constitntion, new States ran be :dniitteil, and wliosc cwnscnt it is not in the power
of tile Prc6drnt or of the prescwt Congress to guarantee in atl\-anc~~;
antl if t h e Congress dial1 assent, to such adiiiimioii, the n Iiolc. Choctaw antl Chickasaw country, as
abovu lierein ckiined, bliall constitntv tlic: Stitte adniitted,and in case of such admission.
r ?

1lie qiicstion h ( h g on t l r ~anicndinent o f Mr. Johnson, the vote

thcreon 1i:tvinp been taken by States,

yea: ~1:111auia,,11:ltanG:is, ~ l o r i d a (;emvia,

,
I<cntuc1<y, Louisiana,
Mississippi, Missouri, North C:~rolin:t, Teklitieswx, Texas, and Virginia, 12.
Nay: 0.
Two-thirds of tlic States voting in the :Lflirrriativc, the uricnilment
was ngrced to.
Mr. Garlarid ~nowtlt h t Congress rcsolvc itself into legislative session, with lcavo to sit in c~socutivcsession again at 12 oclocli to-morrow.
The motion was lost.
Rftvr Purther consideration of the treaty,
On iuotion of MI.. n t c h c ,
Congress rcsolvcd ilsclf into legi&tivc session.

PROVISIQNAL CONGRESS.

Dec. 20, 1861.1

TWENTY -SEVENTH DAY-FRIDAY,

DECEMBER
20,1861.

OPEN SESSION.

Congress met pursuant to adjournment, Mr. Bocock being in the

chair, and was opened with prayer by the Rev. Dr. Hoge.
Congress then resolved itself into secret session.
SECRET SESSION.

Congress being in secret session,

On motion of Mr. Currin, went into executive session; and having
spent some time therein, again resolred itself into legislative session.
EXECUTIVE
DEPARTMENT,
RkAmond, Beember 90, 1861.
ilh. President: The President has this day approved and signed
An act for t h e per diem and mileage of carriers of the electoral votes for President
and Vice-President to the scat of government.
ROBERT JOSSELYN,
Private Secretary.

Mr. Rives, by unanimous consent, was allowed to make averbal

alteration i n the resolutions relating to Maryland, to wit, by striking
ont therefrom t h e word dignity and inserting in lieu thereof the
woixl . iritegritj, and hy strihing out the word States and by
w f the word Union.
rkansas moved that the Congress take a recess
Rlr. McEtnc inovcd that the Congrcss do now adjourn.
Thc riiotion did not prevail.
Mr. Perkins inovcd that the Congress do now adjourn, to meet again
to-n~orrowa t L O oclock a. ni.
The motion was not agreed to.
Thc question then recurring upon the motion of Mr. Johnson of
Arlmnsas, to lake a recebs until 7 oclock p. ni., and the vote having
becn taken thereon,
The motion preyailed.
7 OCLOCK 1. hi.

n of Mr. Johnn; and having

spent some time therein, again resolved itself into legislative session.
Mi-.William Ballard Preston, from the Committee on Military
Affairs, to whom was rcferred the report and accompanying docunicnts of the Secretary of War, made a report thereon; which was
laid on the table for t h e present.
Mr. Johnson of Arkansas moved that froin and after 1 oclock p. m.
to-morrow he set apart for the consideration of the Indian treaties in
executive session.
Mr. Garland called the question; which mas seconded, and
Mr. Johnson, at the instance of the State of Arkansas, demanded
that the peas and nays of the whole 1)ody be recorded thereon; which
are as follows, to wit:
Alabama-Nay : Nr. Hale.
Arkansas-Yea: Messrs. Johnson, Thomason, and Garland.
Congress met pursuant to adjournment, and on

son of Arlmnsaq, resolved itself into executive

J-VOL

1-04-38

594

JOUBNAL OF THE

[Dee. 20,1861.

Florida--Nay: Mr. Owens.

ICentucky --Yea: Mr. Monroe.
Louisiana--Nay : Mr. Ycrkins.
Mississippi-Y ea: Messrs. Harris and Harrison. Nay: Mr. Campbell.
Missouri-Yea: Mesurs. Clark, Conrow, and Bell.
North Carolina -Yeti: Messrs. Davis, iivcry, Venablc, Jlorchcsd,
Puryear, a d Dayidson. Nay: Mr. Sniith.
South Carolina -Nay: Mr. Boyce.
Tennessee--Y ea: Messrs, Currin and Caruthers.
Mr. Oldham. Nay: Messrs. Hcmphill, Waul, and
Texas-Yea:
Qchiltree.
Virginia-Yea:
Messrs. Bocouk arid Boteler. Nay: Messrs. William 3. Preston and Macfarland.
Yea: Arkansas, Kentnclrp, Mii;iissippi, Missouri, Sort11 Carolina,
arid Tennessee, 6.
N?y.: Alabania, Florida, Iaiisimik, Soulh Ciirolinu, and Texas, 5 .
Ihvidccl: Viwiiii:~, 1.
T
Xot voting: Georgia,
I.
The motion did not prevail.
JIr. ,Joluisoii riiovcd to reconsider thc votc hy which the 1ioii4c
rcftiscd to agrcc to his niotion.
l11c iiiotioii to reconsider prevailed; a d
rbc Xloiihe, 011 niotiori of Mr. Ouhiltrce, agreed to tnlic u p tht. w n sidcr:ition of the Indian treaties after 1 oclock p. 111. in cxccutivc, h o \ hioil, providinv t h t the trcaty with the Comanche Indians should l)c
last consi(1emT.
Mr. Owaiis prw(3ntt.d the iricniorial of l. fi. Yal~ncr;which \\ as
rc~fcrrccttjo tlit: Co~nrriittcco i i t h c Judici:iry, witlioiit h i n g rcild.
Mr, IIeniptiill introduced
h bill relating to the tr:tnbtCr o f c1:Lirtih upon tlw Coiifcdcr:itc Statcs;
which was rcad lirst arid becond tiiiics and, on niotion, placcd on thc
C;llcnd:ll~.
And Congiws, on motion of Mr. G:irland,
Adjourned until 12 111. to-morrow.

Congiess being in cxecutivo mhioii,

The xpccial order, being the c~onsiderationof the Iiidian treaties,
was t a k C I 1 111).
MI,. Ciirrin iuovcd tlint tho h p i a l order bc postponed ilnd that
pt~ocwd to consiclcr t h c noiiiiniitioii o f M. 11. Crzrroll, of
, :is I)i.i~:idicr-gcnc~~~l.
nr:itl n i o v i ~ lto pohtpone the. s t i n i ~ .
MI-.i\ml cdlctl tl:cl qtwstiori: wliicl
Mr. Curriii tlcii~undcdtho ytvis :tricl I
r ,
t o potpow 1hc.
lhc. q w b t i o i i 1rt.irig o i i thci iiwt i o i i (
iiLr-gcrieml, thc
coniiim:ition of 31 Chi*roll,01 Icnil
vote? thoreon \vas t:ll<cw by St:l,tw,
Yeas - - - . - - .. . - ....
_._
6
Aird is RS ~OIIOWS, yiz: XiLys .
.. _
- - - .- ._ _ _ _ _ __.-_
_ . J
llivided - . _ . . __
__ _ _ _
.._._.
_ _ _
2 ._
Yw: hlabania, Ploridn, Georgia, Kentucky, Louisiana, and South
Carolina.
19.

Dec. 20, 1S61.1

PROVISIONAL CONGRESS.

595

Saj : A h i s s i p p i , &hsouri, xorth Carolina, Tennessee, and Virp i 11i a.

Divided: Arkansas and Texas.
So the motion to postpone was lost.
Jlr. .Johnson of Arkansas cdled the question; which was seconded.
And the norninatiori of W. H. Carroll, of Tennessee, as brigadiergcncral in the Army of the Confederate States was confirmed.
(:ongress then pro ded to the consideration of the treaty between
the Choctaw and Chickasaw nations of Indians and the Confederate
State5 of Anierica.
The forty-third article of the treaty having been read; which is as
folloms, viz:
A ~ ~ T I CSLIII.
LE
All per+ons 11,ho are member? of the Choctaw or Chickasan Kation,
ant1 ale not otherrvise diqnalified or disabled, shall hereafter be conipetent witnesses
in all ci\ il a i d criminal suits and proceedings in any court of thc Confederate States,
or of any one of the State<, any la\%to the contrary notwithstanding.

Mr. Johnson of A4rk~nsab

moved t o amend the saiiic by btriking out
the words or of any one of tlie Sjtates and inserting at the end of
the article the following words:
ilixl the Confederate State&u ill request the several States of the Confederacy to
adopt arid enact the pro\ isioiii of this article in respect to huits and proceedings in
their ser cml courts.

The aiiiendiri(wt was agrecd to; a n d

Aiticxlc XIJIIl as anientlcd wa\, two-thirds of the Sttttes voting in
the afiinnativc, adopted.
The. forty-fourth article having hocn read; which is as follows, viz:
Anircr E XLIV. T helie\ er
~ R T VSation qhall be iiidictrtl

any person 71 110 is a ineuiber of the Choctaw or Chickafor any offenbe in any court of the Confederate Statw,
Including the district court of the Tush-ca-hom-ma district, or in a Statt, court, he
shall he entitled, as of comirioii right, to sul)p(rria, aiiil, if iiecehsary, compulsory
procets for all i)iicfi vitiiesses 111 his behalf as his counsel may think material for his
iies5es, nntl of senice thereof, and the
by the Confederate States, bcing aftrrI , [out] of the propcrty of the a c m s d .
oy counsel, thi: conrt shnll a--ipn hini
encetl ( onn.el for his defense, who shall be paid I)\ the Confederate States
ble compeii,iation or hie services, to be fixed by the court, and paid upon
the certificate of tlie judge.

Mr. Monroc moi-cd to amend Article XLIV by striking out the

folloniiq \Cord,: * o r in a State court and insert in lien thereof the
following worclb, viz: o r in a Statc court, suhject t o the laws of the
Skdte.
The questioii heing 011 agreeing to the amendment, the vote thereon
was taken by States.
Yeas- - - . . . _ _ _ _ -4
- _ _
And is as follows. to >\-it: hays. - - - - - - - - - - . - - - - - - - - - - - - - - - - - 5
Di\ ided -. .- - - - - - - - - - - - - - - -.- 4
Yea: L4rkansa~,
Jliscouri, Korth Carolina, arid Tennessee.
Nay: Alabama, Florida, South Carolina, Tcxas, and Virginia.
Dirided: Georgia. I<cntucliy, P,ouisiana, and &Iississippi.
Imo-thirds of the States not voting in the affirmative, the motion to
aaiend was lost.
A message mas received from the President, transmitting Indian
treaties, etc. ; .Irrhich were referred to the Committee on Indian Affairs.
Air. .Johnson of hrkansah moved to reconsider the vote on the amcndmeiit offered by Mr. Monroe,

T.

596

JOURNAL O F THE

[Dec. 21, 1861.

Mr. Macfarland called the question; which was seconded.

Mr. Monroe moved to reconsider the vole by which the call f o r the
question T V ~ Ssustained.
Mr. Waul called the question; which was seconded.
And the motion to reconsider did not prevail.
The question then recurring on the amendment of Mr. Monroe,
Mr. House of Tennessee demanded the yeas and nays thereon; wliich
were taken by States,
Yeas- . _ _
._
_. _
_ __
_ _ ._
_
_
__
_
_
..-. 1 2
_ _ _ -_.
-.
-- -- - 0
And arc as follows, viz: Says - .- - _ _ ._- - ._
Divided-.
_ _ _ _ _ _ _ _.._
- _ - . - -1
.
Yea: Arkansas, Florida, Georgia, Kcn tuckp, Louisiana, Mississippi,
Missouri, North Carolina, South Carolina, Tenncssee, Texas, and Virginia, 12.
Nay: 0.
Divided: Alabama, 1.
Two-thirds of the States voting in thc :Lflirinative,
Iht: :uwndnient was ngrccd to.
Thc ( h i r presented a comniunicltion fi-on1thc. Lrcsidc.nt, nialiing
mnciry noininations of surgeon;; i n the r-lrmy; which, on motion of
Mr. Herris, \verc a y r e d to.
Also, scvcral nominations of officers in the Confederate SStatcs Army;
which were, on motion, rcfcrred to the Committee on Military Affairs.
Mr. Smith of ii1:~hiniamoved to take up the nomination of eJorcph
B. Cherry, of North Carolina, as adjutant in the Prorirional Army of
thc: Confrdcrate Stntcs.
Thc motion p w t i l c d , and the Congress adviscd and consented to
tltc s:Lmc.
Air. Cotiracl niovcd to confirni wrt:iin noniin:itions, the objections to
thc sIiinc ul i1 dc at it. previous st ion hiL\Ting l)ccIi withdl.:twn.
r
L hi: motion wts :~grcccLto, arid the Congloss :iclvistd :mcl conscntcd
l o stiid noniiiitttions.
Mr. Ocliiltrco niovcd to take u p for consitlcixtion tlie nomin:ition of
Louis V. jVigf:ill, of Tcms, :is b t i g : i t l i o i . - ~ c ~ i i ~ ~iri
t ~ : tthe
l
lt.ovisiona1
A i ~ ~ ol
i y the Cotifctler:itc SbitCh; which wa5 :qrcctl to, and Congress
advisctl antl c o n h ~ tn d to tlic sun(.
MI-, Forcnian n~ovrtltlic contirmntion of Hugh W. NIerccr, of Gcorgia. as bri~:~dicr-gclIlcr:L1
i n the lrovisionnl Arniy of the Confcderatc
Stntcs of Anwricn.
-1t i ( I (loll gwss :idvised a n t l coascntcd to said noniiristiolz.
On inot ion of Nr. ,Johnson of h r l m w s ,
Congrcw thi~ni*rsuincd1egisl:itire session.

Dee. '1.18bl j

PROVISIONAL CONGRESS.

597

Also, joint resolutions of the legislature of Alabama; which were

referred to the Goiniiiittee on Nilitary Affairs, without being read.
Xr. Garland iiitroduced
A hill to provide f o r tlic payment of pensions i n tlie Confederate
Statm of Anici.i(~tt,and tlw Tndi:in trihes under their protection;
which zvns read first and second times and referred to the Committee
on the JudiciarF.
Nr. Xonroe introduced
A bill to determine the nunibm of inernhers the State of Krntucky
shall be entitled to liuve in tlic House of Representatives of the Congress of the Confederatcs Statcs, and in relation to the election and
re t t i rr I t 11Preof ;
which w a s read first and second times.
Mr. Ochiltree irioved to refer the same to the Committee on the
Judiciary, and upon which, at the instance of the State of Texas,
demanded that the yeas and nays of the whole body be recorded
thereon; which are as follows, to wit:
Alaharna-Nay: Mr. Hale.
Arkan~a<-Ye~1:Mr. Gar~land. Xay : Messus. rJohnson, 'I'11011iasoii,
and Watkins.
Florida-Yea: Messrb. \Yard and Owens.
ICentucBy--Nay: Ales . Monroe and Johnson.
Perkin>. De Clouet, a i d Conrad.
Louibiana-Yea: 3leb
Rliisiqiippi--Te,z: me sir^. h r r y and Campbell. Yay: Messrs.
Harris, 0 r r . and Harriron.
Mjssonri --Tea: SIr. Iiarrib. S a y : Messrs. Clark, CooBe, Conrow,
t. and Frccinan.
orth Carolina-Yea: Messrs. Davis, Ai-ery, Smith, and Vcnable.
Nay : ?lles\r<.Puryear arid 1)avidson.
South Carolina Nay: Mcssrs. Rhett and Uoyce.
Tenrieshee-Yea: I\lessr3. IIouse, De V7itt, and Currill. Nay: Mr.
Carutl1el.s.
Texas-Yea: Nessrs. HemDhill, Oldhnm, aiid Ochiltree. Nay: Mr.
Waul.
Virginia--Pea: Messrs. William B. Preston, Tyler, Boteler, and
Staples. N a r : Xe.;hrs. Macf:irland, Booocli, Rivcs, Brockenbrough,
and Johnston.
Yet&:E'loridn, Tmiibiia, North Carolina, Tennessee, and Texas, 6.
Xay : Alabama, Arkansas, Kentucky, Mississippi, Missouri, South
Carolina, and Virginia, '7.
Not voting: Georgia, 1.
So the motion to refer did not prevail.
The bill was then engrossed, read third time, and passed.
A messagc was received froni the President, by the hands of his
c on EngrosEment, repoutcd as correctly engrossed and enrolled
Resolutions relating to Maryland.
Mr. Perkiiis offered thc follon%g resolution; which was read and
agreed to, to wit:
, That the estimates from the several Departnlents be printed for the use of

the House.

Also, tlie following resolution; which was read and agreed to, to wit:
Resoked, That the Secretary of the Treasurv be requested to communicate to Congress, for information, the returns of the produce loan up to this date, together with

598

*JOURNAL O F THE

@ec. 21, 1861.

suggestions as may relate to the same; also copies of such circular letters as he has
addressed to the agente of t h e Government upon this subject.

Mr. Conrad asked to be excused from serving oil the committee

raised to inquire and report upon the manner hy which the secret proceedings of the House were niade public, ctc.
The House refused t o grant the requebt.
Mr. Harris, from the Committee on the Judiciary, to whom was
referred the message of the President arid accompanying documents
relative to the taxes on sequestered property, reported nnd recommended the passage of
A bill in rclation to the taxes 011 property which has been, or is
liable to be, sequedtcred as the property of tk1it.n enemies;
which was read first and second times, engrossed, i*eadthird time, and
passed.
MI-.
Johnson moved that Congrabs do now rcwlvc itself into executive scssion, and at the instanco of tlic Stiile of .Ii*li:irihas, deiiianded
that the yeas and iiays of the whole body be rccorcted thcrcoii; which
are as follows, to wit:
Alabama-Yea: MI.. McRae. Nay: Mr. Hale.
Arkansas-Yea: Messrs. Johnson, Garland, and Watlrins. Nay:
Mr. Thoinrtson.
Florida--Nay : Mr. Omens.
Georgia-Yea: Mr. Toombs.
Kentuoky-Yea: Mr. ;Tohnson. Nay: Mr. Monroe.
LoLiisiana-Yea: Mi-.110 Clouct. Nay: Mr. Perkins.
Miwissippi-Nay : Messrs. I-larris, 6 r r , Bradford, Harrison, and
CRmpldl.
Missouri--Yea: Mcssrs. Clark, CooBe, Coiirow, Vest, a n d Frcomnn.
Nay: Mr. IIitrik.
North C):Lrolitia -Pea: Mcssrr. hvery, Vcn:Lble, Iurycar, and Davidson. Say: Xiessr?. Davis ;utd Sniith.
Soilt h (Iilrol in:i--N:iy : Mc*srs. Khc t t, Me mtni nge r , iincl Boytxc .
,,
Lennesscc--Yea: Messrs. IIousc, 110 Wi tt, :id Currin. Zay: Mi*.
Caruthcrs.
Losas-YczL: hlowsus. Waul :md Oldhani. N i l ) : 31
and Ochiltrco.
Virgiuia-Yen:
Messvs.
cf:wl:znd, 1Soc~)c.li, :inti Rives. N2iy :
Mossrs. Ili~oclrc:til~ror~~h,
R
11, :~iidJohtistori.
Pea: Arkansay, Gcwrgia,
soiiri, North Carolina, :wcI Tcnnesme, 5.
N:LJ~.:14orid:t7Pf ississippi, : ~ n dSouth Carolina, 3 .
Diy rdt:ti: A l : t h iia, I(o n t IIC~CJT,Louisimt ,ICX:LS, t i n ti Virginia, 6.
The. I t l o t i o n did not, prevail.
Mi.. \V:wl otfcrctl tlw Idlowiiig wholilt ion; whicfili \I as i w ~ d:tnd
(Tw l i o i i c y o t i a t c d tlw
I C ~ 1 1 i : i i t i i i i gtrwtiw

tieatj with tIi(

slid1 Lw

(011~1

) l a i i a t ~ o niw irra> IN, dc~irc~cl.

session: t ~ i dhii\~itig*slent s

tlicii rcsoIvcc1. itsclt into cxccutik c

tlivrt~iri.x p i n rcw)lrcd itself into

Air. Mcliae, from Lho Coniniittce 011 lSngrossmc,ntj, reported as

correctly engrossed and c~nrollcd
An act to determine tlw nunibc.r of inembers tho Stiitc of Kcrntuclry
sh:ill be cntitlcd to h a w in the House of ltepresentfttives of the Con-

I)ec 21, 18G1 3

PROVISIONAL CONGRESS.

5 99

grcsr of the Confederate States, and in relation to the election and

returns thereof.
EXECUTIVE
DEPARTMENT,
Iiiclimoncl, December 21, 1861.
YT.Yizside?zt: The President has this day approved and signed
K e d u t i o n s relating t o Maryland; also
.In ac.1 deteiniine the number of members the State of Kentucky shall be entitled
t o ha1 c i n the House of Representatives of the Congress of the Confederate States, and
in relation to the election and returns thereof.
ROBERT JOSSELYN,
Private Secretary.

On motion of Mr. Johnson of Arkansas, Congress then took a recess

until 7 oclock p. m.
7 OCLOCK P. M.
Coilgress met pursuant to adjournment, and on motion of Mr. Johnof Arkansas resolved itself into executive session ; and having spent
honi(~
time therein, again resolved itself into legislative session.
ah. Davidson offered the following resolution:
5011

Besolred, That \%henthis House adjourns this eTening it take a recess until the
sixth day of January next.

Mr. Garland inoved to postpone the consideration of the same until

12 oulocli in. on Monday, and upon which Mr. Davidson, a t the
indance of t h e State of Xorth Carolina, demanded that the yeas and
o f the whole bo
bc recorded; which arc as follows, to wit:
lY. Hale and 3IcRac.
lab:inix--Yen: A
Arliaiiias Yca: Jlessrs. Johnson. Thomason, and Garland. Nay:
M Y . JYatkiIlb*
Kentucky-Yea: Messrs. Monroe and Johnson.
Loiiisiana--Yea: Mr. Perkins.
Mississippi-Yen: Messrs. Harris: Harrison, and Campbell. Nay:
Mr. 0 r r .
Missouri-Yea: Messra. Clark, Harris, and Conrow.
Korth Carolina-Yea: Messrs. Venable and Puryear. Nay: Messrs.
Sniith and Ihvidson.
r ,
Iennessee-Xag : Messrw. House, I)e Witt, Currin, and Caruthers.
r 7
1exas-Yea: Rlessrs. Rcagiln, Hemphill, Wnul, Oldham, and Ochiltrec.
Virginia-Yea:
Illessrs. MT. 15. Preston, Bocock, and Johnston.
Kay: M u . Russell.
Yea: Alnbnmn. hrliansas, Kentucky, Louisiana, Mississippi, Missouri, Texas, a d Virginia, 8.
Nay: Tennessee, 1.
Dil-ided: Xorth Ca~olina,1.
S o t voting: Floridn, Georgia, and South Carolina, 3.
Mr. William Ballard Preston inoved to take up for consideration the
report of the Committee on Military AfTairs relative to the publishing
the reports of the various battles.
r 1
Jne motion TTBS agreed to.
And Congress hstving proceeded t o the consideration of the same,
So much of the report as refers to the publishing the report of
Ilkior-General Polk, of the hattle of Belmont, was, 011 motion of Mr.
Pedzins, agreed to.
Congress, on motion of Mr. Smith of North Carolina,
Then adjourned until 11oclock a. m. on Monday.

600

JOURNAL O F TBE

LDec. 21, 18G2.

EXECUTIVE SESSION.

The Congress being in executive session,

The Chair laid before Congress a communication from the President
of the Confederate States; which is as follows, viz:
R m m o m , VA., December $1,1861.
To the CongTess of the Confederate Bales:
I nominate the officers on the accompanying list to the rank affixed to their names,
respectively, agreeably to t h e recommendation of the Secretary of War.
JEFFERSON DBVIS.
ADJUTANT-GENERAI,'R

T)&PARTJIENT.

Ctcptain.

B. H. Robertson, of Virginia, to take rank March 16, 1861.

MEDICAL J)EPAZTT.\IE:PI'T.

Assistant

sur.geon.

James C. Herndon, of Virginia, to take rank March 16, 1861.

CAVALRY.

Lieutenant-colonel.
Richard S. Ewell, of Virginia, to take rank March IF, 1861.
Major.

John G. Walker, of Missouri, to take rank March 16, 1861.

Captairis.

W. N. R. Beall, of Arkansas, to tako rank March 16, 1861.

George 1. Steuart, of Naryliuid, to take rank March 16, 1881.

John Adanm, 01 Tenac~suee,to take rank March 16, 1861.

Vi'. 1). Smith, of (icvrgiSi;i,to take rank March 16, 1867.
D. H. Manry, of Virginia, to take rank Mar(*Ii16, 1861.
W. T I . Jenifcr, of Ilaryl~iicl,to talw rank 31:trc.h 16, 1861.
George B. Cosby, o ctitiic+y, to takv rank B1arc.h 16, IHGL.
John Ivzi~llins,of 111 ssippi, fo fnliu m i h hiiirclt 15, 1861.
L a \ v r i ~ nS.
( ~Raker, North C:mlin:i, to take rauk Marc~li16, 1861.
Thomav 11. Tttylor, I<cntuclry, to t&c raiilr Apiil 8, 1861.
li'irst lieutenants

to take rank March 18, 1861.

pi, to talw rank h1arc.h 16, 1861.
hwlina, to take rank 1lnrc.h 18, 1861.
Prank hlallory, of \'ir.t.inia, to tali(. rank hrardl 16, 1861.
Jolni S. Aliirliiadukc~,tri Miasonri, to take r m k S I m h 16, 1861.
Solorr~onW i l l i w ~ i i p ,of North C:troliti:i, to t d r e rank March 16, 1861.
George A. Cu~ininglian~,
of Al:alinnin, to t:ikc r:mk Marc11 16, 1861.

B. El. Helm, of ICcntwky, to take rank October 19, 1861.

Second licutmtriifs.

If. M. Kimmel, of NLissonri, to take rank RIarc5h16, 1861.

Robert W.Keynorth, of T e x i s , to hike rank Nay 18, 7861.
Charles M. Graham, of Xortii Carolina, to take rank May 18, 1861,

John W. Smith, of -,
to take rank J u l y 3 , 1801.
Charlcs II. Causey, of Virginia, to take rank September 11, 1861.
Ed. S. Hnttcr, of Virginia, to take rank Ortober 9, 1861.
E. B. Shields, of Tenneseee, to take rank October 11, 1861.

Dee 21, 1Ybl.l

Sipesniund Zulavsky, of

PROVISIONAL CONQRESS.

601

-, to take rank October 12, 1861.

J. Allen Gait, of Virginia, to take rank October 21, 1861.

I:. S. White, of Maryland, to take rank November 16, 1861.
(+eorge 13. St. elair, of nktrict of Columbia, to take rank November 18, 1861.
A . G. Ilaley, of Dktrict of Columbia, to take rank hoiember 20, 1861.
T. F. Wilson, of District of Columbin, to take rank November 21, 1861.
(+. 31 R t als, of Tirginia, to take rank Sorember 22, 1861.
Joqeph Phillips, of Iirginia, to take rank October 12, 1861.

On iriotioii the same mas referred to the Military Committee.

XY.rJohiison of Arkansas, froin the Committee on Indian Affairs,
to uhorn was referred the messape of the President in reference to
trcatics with various Indian tribes, reported hack to Congress thc
t r w t y with the Osage Nation of Indians and the Confederate States
of Anicrica. reconmendiiig that Congress do ratify the same with
nniciiclnients hereafter reported.
hlr. ,Johnson of Arkansas moved to amend the thirty-sixth article;
which, having been read as follows, viz:
ARTICLEXXSTI. Whenever any person who is a member of the Great or Little
Osage tribe shall be indicted for any offense i n any court of the Confederate States,
or in a State court, he shall be entitled, as of coininon right, to sabpccna, and, if
necessary, to compukory proceps for all surh witnerves in his behalf as his counsel
for such witnes~es,and
limy think material for his defense; and the costs of pro
the service thereof, and fees and mileage of P U C witneas
~
1x11be paid by thc Confederate States; ant1 \\ henerer thc accuced is not able to nnploy counsel, the court
~ l i a l la+ign liiiii uiie rxperiencctl coun~elfor his dcfense, \\ho shall be paid by the
Confedcrate Statcq x t etlwiablc corriprntation for his services, to be fixed by the
court, and paid upon the ccrtificate of the judge.

Mr. Johnson wowd to amend Article XXXVT by inserting at the

end of thc words o r in n State court the following words: subject
to the laws of the State.
The amendment wns agreed to; and
Mr. ?Johnson of Arkansas offered the following resolution of
ratification, via:
Rrsolzed ( t ~ ~ ~ o - t h ior jd ihe
s Congress concurring), That the Congress of the Confederate States of America do ad\iPe and consent to the ratification of the articles of
a convention made by Albert Pike, cornmissioner of the Confederate States to
Intlian nations west of Arkansas, in behalf of the Confederate States, of tho one
part, and the Great Osage tribe of Indianb, by its chiefs and htwimen, who signed
the same ai ticles, of the other pm t, concluded at Pal k Hill, in Llie Clierokee Eation,
on the second day of October, in the year of our Lord one thousand eight huridred
and Pixtv-one, with the following amendment.
In Artitlc XXXVI, at the end of the nor& or in a State court, h e r t the following words: subject to t h e laws of the State.

The qnestion being on the adoption of the resolution of ratification,

Two-thirds of the States having voted in the affirmative, the same
was stdopted.
Nr. Joliiisoii of Arkansas, froin the Cornmittee on Iridiari Affairs,
to whom was referred the treaty TT-ith the Seneca and Shawnee
Nation of Indians, reported back the same, vith the recommendation
thRt Congress do ratify the same, with amendments hereafter reported.
The twenty-seventh article of the treaty having been read, as follows, 1%:
Tlhenever any person n ho ic a member of the Seneca or Seneca and Shawnee tribe
shall be indicted for aiip offensein any court of the Confederate States, or in a State
court, he shall be entitled, RS of common right, to sub m a , and, if necessary, to
compulsory process for all such witnewes in his hehal as his counsel may think
material far his defense; and the rosts of process for such witnesses, and of the service
thereof, and fees and mileage for such witnesses shall be paid by the Confederate

602

JOURNAL O F THE

[Dec. 23, 18Gl

States; and whenever the accused is not able to employ counsel, the court shall
assign him one experienced counsel for his defense, who shall he paid by t h e Confederate States a reasonable conipemation for his services, to be fixed by t h e court,
and paid upon the certificate of the judge.

Mr. Johnson of Arkansas offered the following amendment:

At the end of the words or in a State court add the following words: subject
to the laws of the State.

The amendment mas agreed to.

Mr. Johnson then offered the following resolution of ratification:
Resolved (two-thirds of Congress concurring), That the Congrcs of the Confedelate
States of America do advise and consent to the ratification of the articles of a c o n w i -

tion made by Albert Pikc, coniiiiimioiirr of the Confctleratc~States to the Indian

nations west of Aykaims, in \)ehalf of tlw Confcdcrate States, of the one part, and
the Seneca tribe of Indians, iormeily known
the Senetas of Sandusky, and the
Shawnecxs of the tribe or coiiftvletacy ol S t ~ i a i d Shxvc new, formerly known as
the Senecas and Shawnces o f Ile\viqto~vii,or
neeu, each trilje for itself, by the chic~frand war
of t h e other par!; roiicluded a t laik Hill, i n the
of October, in thc year of our Lord oiic thousand eight huntlrctl mtl sixty-one, n i t h
the following amendment:
I n Article XXVII, at thc end of tlie words or in a Statr ronrf, add the tollowing words: subject to the laws of the State.

The question being on thc o tion of the resolution,

Two-thirds of tho Congr
faving tidvisccl and consciitcd t o the
same, tho rcsolution was adopted.
On motion, Congress tlicii resumed business in legislative scssion.

TWENTY-NINLI-I I)AY--MONDAY,

DECEMTUER
23, 1861.

DCC. 23, 18(il.l

603

PROVISIONAL CONGRESS.

which was read first and second times and referred to the Committee
on Finance.
MI, Orr, from the Coinmittee on Engrossment, reported as correctly engrossed and enrolled
An act in relation t o taxes on property which has been, or which is
liable to be, Fequestered as the property of alien enemies.
Sir. Warrib, from the Committee on the Judiciary, to whom lvas
referred a resolution of inquiry i n relation to the bills assed at the
last session and vetoed by the President, etc., made t e following
report; which was rend and laid on the table, to wit:

The Judiciary Committee, to whom TI as referred the resolution of Congress

instructing them to inquire into and report t o Congress the condition of the bills
passed by Corigrceb and x etoed by the President a t tlie close of its last session, and
what action it ltecoiiiev Congress t o take in relation thereto for the fulfillment of its
convtitutioiial duties, report, that it does not appear from tlie journals of Congress
that any veto \\as communicated a t its last session and not acted on in the manner
pescribed by t h e Constitution.
As a matter of fact, independent of the journals, it appears that certain [bills]
passed between the 25th and 31st of August arid presented to the President i n that
interval, were not signed by him but retained.
The termination of the session a t which these bills mere passed, by adjournment
on the 31st of August and consequently, before the expiration of the ten days
allowed by t h e Constitution for signing bills, prevented them from beconling laws.
The result was. that the adjournment defcatcd the bills, and nothinp remains for
the fulfillment of the constitutional duties of Congress respecting them.
It appears also that the Pretiident, being quite ill at the time and unable to communicate in writing to Congress, requested the Attorney-General to explain to Congress verbally the reason for retaining the bills. His verbal message was delivered,
b u t of course R as not noticed on t h e Journals.
In that explanation the i\ttomey-General stated that the President did not approve
the bills retained by him, hut was unable from illness to prepare messages commu-.
nicating his reasons.

Mr. Harris, from the same committee, reported back and recomniended the passage of
A bill to establish a uniform rule of naturalization for persona
enlisted in the armies of the Confederate States of America;
which was engrossed. read third time, and passed.
Also, a bill to repelt1 an act entitled An act to establish a court of
admiraltv and maritime jurisdiction a t Key Vest, in the State of
which was read first and vxoiid times, engrossed, read third
time, and passed.
A41so.a bill to amend an act to amend an act to establish tho judicial
courts of [the Confederate States ofJ America; which was read first
and second timcs and, on motioii, placed on the Calendar.
Also, a bill concerning the pay and allowances due deceased soldiers;
which was read first and second times and, on motion, placed on tho
Calendar.
Air. McRae introduced the following resolution; which was read and
referred to the Coniniittee on the ,Judiciary, to wit:
Resolved, That J. A. P. Campbell, President of Congress pro lempore, be einpowered
to sign all bills, resolutions, pay bills, and certificates pasbed and usually allowed by
the Congress.

MY.Johnston of Virginia offered the following resolution; which

was road and agreed to, to wit:
Resolved, That t h e committee on Finance inquire into the expediency of exempting from t h e payment of taxes to the Confederate States certain parts of the State of
Virginia now i n t h e occupation of the publlc enemy, dwlng such occupancy or during the war.

604

JOURNAL OF THE

[Dee. 23, Mil.

Mr. McDowell moved to take up for consideration the resolution of

Mr. Davidson relative to the adjournment of the Congress.
The motion did not prevail.
Mr. Perkins moved that Congress procecd to the consideration of
the report of the Conirnittee on Military AfTairs relative to the publishing of the reports of the various battles, and upon which Mr. HRYrison, a t the instance of the State of Mississippi, demanded that the
yeas and nays of the whole body be recorded thereon; which are as
follows, t o wit:
Alabama-Nay: Mr. McRae.
Arkansas-Nay : Messrs. Thoma~on,Garland, and W atkins.
Kentucky-Nay : Mesnrs. Monroe and Johnson,
Louisiana-Yes: Mr. Perkins.
,
and Campbell.
Mississippi Yea: Messrs. Harris, O ~ L .13rnclforc1,
Nay: Mr. Iiarrisun.
Missouri-- Nay: I\lessrs. Cooke, Vest, a n d 1 ~ rwma 1 1 .
North GLroIina-Nay: Messrs. Smith, Vcnahlc, nn(l L'nr~wnr.
'I'ennessee-Yea: Mr. Dc TVitt.
Texas-Nay : Messrs. Iterignn, Hernphill, Waul, Oldli:rin, w c l Ochiitree.
Virginia-Yea: Messrs. Tyler, Boeock, and cJohnstorr. Kay: Mr.
Boteler.
Yea: Louisiana, Mississippi, Tennessee, and Virginia, 4.
Nay: Alabama, Arkansas, Kentucky, Missouri, North Carolin%,and
Texas, 6.
Not voting: Florida, Georgia, and South Carolina, 3 .
The
motion did not prevail.
'
The Congress then procc?oded to the consideration of the olclest
special order on the Calcnctar; which was
A bill to regulate the mode of filling vactincies of ficld officers i n
certain volunteer regimcrits and battalions.
Mr. Waul offered as a substitute for the same the following, to
wit:
That vacrvricies in d l rcgiments ant1
appoitibd Lidd o f l i c w t i uritlcr rsistinp
by law illtlie scvcr:il States to wliic4i t

I'rc,ciciciit griginnlly
e 11i:iiinor prmcribed

On motion of Mr. Ori*,thc further consideration of thc bill and

(1 until the 10th day of January next.
cd from the President, by the hands of his
from the President, transmitting ccrb i n 0~ti111iitcs
of tho H~cretiilyof the 'I'I'c:MI~~; which ~vcrcw a d and
referred to the Coinniittcc on Indian i2tf:iirs.
Mr. I ~ o ~ c cf r, o m tho Coinniitteo on Postal Afl:iirs, rcportcd m d
recommcvidcd the 1)assagr of
A bill to atncnd :in wt! to rcquirc ttic iwcipt by postin:r+xy of the
Confeclei*ate States of 'l'rc:tsiu*y tiotes, in sunis of tivc tlo1l:ii.s :wtl
upwards, in payrncnt of postage st:it~ips nut1 st:impcd cnwlopcs,
spproved August 30, 1861;
which was read first and second times, engrossed, road third time, and
passed.
Mr. 13rockenbroug11, from the Coininittee on the Judiciary, reported
back and recommended the passage of

Dcc. 27, 18bl 1

PROVISIONAL CONGRESS.

A bill to amend an act to perpetuate testimony in cases of shv

abducted or harbored by the enemy, and of other property seiz
lT-asted, 01 destroSed by them;
which was, on motion, placed on the Calendar.
Mr. McRae, fro111 the Committee on Engrossment, reported
rectlr engromed and enrolled
h resolution to authorize the Secretary of the Navy to purchase
alter steamboats into gunboats f o r the defense of the Cumberland
Teniicssee rivers.
Air. BrockenI)rough, from the Committee on the Judiciary, repor
back and recommended the passage of
A hill regulating the fees of clerks, and for other purposes;
which was, on motion, placed on thc Calendar.
A l q a bill t o aniend the lams relating to the compensation of the
attorneys of the Confederate States;
which was, on motion, placed on the Calendar.
Also, a bill to regulate the compensation to be allowed to commissioners of the courts of the Confederate States;
which, 011 motion, mas placed on the Calendar.
Also, a bill regulating the fees of marshals, and for other purposes;
which was. on motion, placed on the Calendar.
Mr. Conrad, from the Committee on Naval Affairs, to whom was
referred a resolution of inquiry as to what provision should be made
for resigned officers of the Coast Survey, reported the same back, and
that, in the opinion of the committee, no rank could be assigned to
them, a4 thep held no commissions, asked to be discharged from its
further consideration, and that the resolution lie on the table; which
wab agreed to.
Mr. Conrad, froin the same committee, to whom was referred
Ll hill to dispense with quartermasters of the Marine Corps,
rcported the saine back, asked to be discharged from its further consideration, and that the bill lie on the table; which was agreed to.
Mr. Conrad, from the same committee, to whom was referred the
petition of Lieut. 13. 13. Hunter, reported as follows:
The Cominittee o n Naval Affairs, to whom was referred the petition of B. W.
Hunter, bcp leave respectfully to report:
That t h e petitioner rcprcscnts that he is a citizen of the State of Virginia, and
a lieutenant i n the NaTy of the Unitcd States on the reserved list and resigned
commisrion N hen his State withdrew from the Union; that his property, conng of a large farm and a number of negroes, has been taken possession of by the
enemy, his crops seized, his dwelling burnt, and that he finds himself with very
inacleqnate means of support for his family; that he wishes to be appointed in the
Corrfctlerate States S a t y, but that he is informed b y the Secretary of th? Navy that
lie has no power to appoint officers of the Navy on the reserved list. He prays
that the law be so anienrletl that the President, he authorized to appoint officers who
were on t h e resrrved list of t h e United States Xavy, and who are now capable
anti morthy, TI ho would hare held a higher grade had they not been retired, to such
grade and position as they w-ould have occupied had they not been placed on the
r e w n ed list.
The committee are of opinion that by the law a it now stands the President is
authorized to appoint all officers of the Kavy of the United States mho resigned on
account of the secession of these States, to the same grade In the Confederate Navy
as that which they resigned, provided he considers them fit for active duties. The
circumstance of an officer having been placed on the reserved list does not disqualify him for such appointment.
The cornrnittee are of opinion that it is not advisable to give any greater privileges to this clabs of oficers, however meritorious they may be, and beg leave to be
discharged from the further consideration of t h e petition.

806

JOURNAL OF THE

[Dec. 23,1861.

The report of the committee mas received and agreed to.

Mr. Conrad, from the same committee, reported and recommended
the passage of
A bill to authorize the President to cause to be constructed a certain
number of gunboats;
which was read first and second times, engrossed, read third time, and
passed.
Also, a bill to authorize the appointment of additional officers of the
Navy;
which was read Brst and second times, engrossed, read third time, and
passed.
On motion of Mr. Conrad, Congress then proceeded to the consideration of the niotiori of Mr. Kenari t o recon4cler the rote by which the
bill authorizing thc Secretary of tho Xiivy to appoint two additional
clerks and a clrd'tsmati f o r the Navy I)epnrhent, wtis passed.
The motion to reconsider did not prcv:iil.
On motion of Mr. Conrad, Congrc tlicti proteeclcd to the considerahoriec the l'rcsitlcnt to confer
tion of a bill on tho Calendar, to
temporary rank and coinmarid on officcrs of the ;?r'n\-ydoing duty with
troops.
And the bill was engrossed, read third tinic, and passed.
And also, a bill on the Calendar to provide for certain oficers of the
Kevcnuc Service;
which was taken up, engrossed. I * C ~ Lthird
~
timo, and passed.
Also, a hill to provide for the :ippointrnent of chaplains in the Navy;
which was taken iip, e n p o w d , rc:d third time, arid pnsscd.
Also, a bill to siutliorizc tho trandcr of n ccrtain appropriation;
which W:LS takcn t i p , c n p o (1, rc:tcl a third tinic, :tiid passed.
On niotioii of M i . . McIti~(1,froni tho Conitiiitttc on Fintmce, Congress
procccdcd to tho consideration o f :t !)ill on tlic (hlcntlai~,supplemcntary to tin t ~ c tto authorixo tho issiic of 'I'rc:~sitly iiotw, mtl to provide
t,hoir rcdeniption ; which was (~iigrossed,read a third
king appropriations for I hi. cxpcnscc" of the Governrncnt in tlic lrtr.islativo, cxuwlivc, : ~ n d,juditi;~lrlrp:irtnieuts for the
year en(1itig r d i of .~o~)rii:wy.
1 ~ t i Ittscj%I;
which was mgi*ossed, iwid third tinic, :tiid piwed.
Also, a hi1 I n1:iking iipt)roi)i,i:~tioiisfor thc construction of 100 gunboats for thc Cowt ti(~I'c~rIs1'of t l 1 c x C:olllcder:ltc states;
which \wts n ~ i dfirst mid second tiuics, cngrossed, read third time, and
parsed.
Also, it ))ill 1 1 d C i I 1 g :ipproprintioiis f o r the purchasc and alteration
of *st(~nnwrsinto gunboats for t hc defense of the Cunibcrland and
'lhIlcss(~(~
ri \vrs;
which M W r(1id lirst :md s c w n d tiiiirs, engrt crl, re:d third time,
and passed.
Jfr. Presrit?o/t:Tho I'rc~sidcntlins this (lay approvc~imic1 >iqnctl
AT^ act in re1:rtion to tastis on p 1 0 p r t v n hich liw bcon, or which is liable to be,
sequestered :is tho property o f alicii oiicnlics; also
A rwolntion to autliorizc~tlic Sticm+iry of ilic S n r y to purchase and alter steamboats into gnnboats for the clcfense of 'click Cuniberlancl and Tt~nnesseerivers.
KOBISltT JOSSELYN,
Prionte Xecretaq.

Dcr L3,1861 1

IROVISIONAL CONGRESS.

Xr. JlcRae, from the Corninittee on Finance, also introduced

A bill nlaltiny appropriations t o comply in part with treaty stipulatiom intide J\ ith certain Indian tribes;
jyliich was read first and second times;
IYhcn,

JIr. ,John3on of Brkan,ias iiioved to ainend as follows, to wit:^

rhe Chair presciited certain estimates of the Secretary of the Treasm y ; whicLh were read and laid on table.
Nr. XcRde, from the Committee on Engrossment, reported as
c.ori.tctly engrosscd and enrolled
,\a act to aniend an act to require the receipt by the postlnasters of
the Confederate Statcq of Treasury notes, in sums of fii7e dollars and
upwards, in pajment of po8tag.e stamps and stamped envelopes,
approycd ilugust 30, 1861.
Mr. rJolinsori of Arkansas moved to reconsider the vote by which
the Congress postponed the further consideration of a bill t o provide
for the filling the vacancies in the field o%ccrs of regiments and battalions until l o t h ,Janutwy, next, and upon which h s , at the instance
of Statc of Arkansas, demanded that the yeas and nays of the whole
body he recorded; which arc as follows, to wit:
Al:ibama--Yea: Nehsrs. Hale mid McKae.
Arkansay- -Yta: hlessrs. .Johnson, Thomason, Garland, and Watkins.
Iientuc*ky- Yca: N u . Notiroe.
Loui~iana-Saj : Mebsrs. Perkins and Conrad.
Niisissippi-Y ea: Xessrr;. Harris and Campbell. Nay: Messrs.
Orr, Hmdford, and I-Iarrihon.
Misionri--Yea: 3Iessrs. Conrow and Vest. Kay: Messrs. Clark
and Frceinan.
S o r l h Carolina-Yea: N e w s . Venable and luryear.
South Carolina-Yea: Nr. Meniniinger. Say: Mr. Boyce.
lennessee---PPa: Mr. IIoube. Xay : Mr. De T i t t .
Texas---Yea: Ncssrs. Reagan and Hcmphill. Way: Messrs. Waul,
Oldham, and Ochiltree.
Virginia-Yea:
Mr. Boteler. Xay : Ncsars. Bocock, Brockenbrough, Russell, and Johnston.
Yea: Alabama, Ai*kansau,Kentucky, and North Carolina, 4.
Say: Louisiana, Mississippi, Texas, and Virginia, 4.
Divided: i\lissoui*i,South Carolina, and Tennessee, 3.
Kot voting: Florida and Georgia, 2.
The motion did not, prevail.
A message .was received from the President, by thc harids of his Privnte Secretary, X u . ,Josselyn.
Jfr. Conrad offercd the following resolution; which was read and
agreed to, to wit:
r l

RPsoZzed, That when Congress shall adjourn to-day, it, adjourn to meet again
to-morrow at twelve m.

On rnotion of Mr. Waul,

Congress then adjourned until 12 oclock to-morrow.
~

a h c n d m e n t not recorded in the Journal.

GO8

JOURNAL OF THE

[Dee. 23,1861.

EXECUTIVE SESSIOR.

Congress being in executive session,

The Chair laid before Congress the following communication from
the Yresident:
RICHMOND,
Va.,Dpcember $1, 1861.
To the Congress of the Confederate States:
T nominate the officers on the accompanying list to the rank affixed to their names,
respectively, agreeably to the recommendation of the Secretary of War.
JEFFK DAVIS.
Chaplains.

R. K. Porter, of Georgia; J. C. IIiden, of Virginia; William M.Young, of Virginia; .

W. G. 1. Jones, of Virginia; John Paris, of Virginia; J. H. A virett, of Virginia; John S.
Cosby, of Virginia; W.A. Cm:ker, of Virginia; Sheldon 13. Rose, of Mississippi; 8.
F. Cameron, of Naryland; R. F. Mattison, of Arkansas; Richard Johnson, of Sonth
Carolina; F. A. Kiinbrll. of Alalmia; 1). S. Siiotlgrabs, of Miesiesippi; J. 11. Timberlake, of Tcnnessee; G. B. Overion, of Kmitnckp; William Davis, of Florida; E.
Smulclers, of Louisiana; Willittm bl. Crinnlev, of (korgia; .J. 1%.Dunwoodp, of Georgia; Peter Tindey, of Virginia; Georgc F. Uagby, of irirginia; J. J. li:ngle, of Virinia; George F. Adaim-, of -; 31. 1,. Whittrn, of Ala1)mia; \l. If. Owen, of
bississippi; i(.
i . Roberts, of I,onisiaiia; A. 13. ~arringtoii,of \irginia; JO-91 )I1 Cross,
of Tennessee; J. C. Granhery, of Iirginia; r. Jl. J o ~ ~ l a rofi , Georgia; I\. -1. Sinimom, of Georgia; Thonias lluinc, jr., of Virginia; M. Oldham, of Virgiiiia; \P.
Hownian, of Virginia; J. J. ]1Ir3Iah:ni, of Virginia; J. C:. McCa\)c, ot i7irginia; C. T.
Quintard, of Tennessee; 1,. I1 ypolite Garhe, of Louisiana; W. 1,. Keiiedy, of i\laltania;
J. Carmichael, of Virginia; J. T. Wallwe, of Virginia; 11. J . McIicnnoii, of AIat~aina;
C . 1. Si~soii,of Alabania; H.It. ltoherts, of Arkansas; Fretllr. Fitegeraltl, of North
Carolina; Thos. D. Witherq)oon, of
ipoi; Dabney Ball, of Virginia; Richard
Mcllwaine, of Virginia; E. J. Willis,
ginia, J. &I. Grandin, of Virginia, Mor-es
lloge, of Virginia; ILicliard TI. IhiIli])+, of Virginia; J. Irac.lienslry, of Jmiisianit,
Jaiiiea IT. Itirhic,
cs+ec; J. A . Hmrol(i, of Virginia; J. U . liandri~ni,.of
North (hroliiia; It.
011 New, of T,orii+iaiia; tkorgc 1%. Edwards, of Georgia;

llobcrt 15. Tcrry, of North Carolina; Robert Nelson, of Virginia; J. 11. Washburn,

Dec. 23, LbGi 1

of Sorth Carolina; J. 11. De Votie, of Georgia; William Elinn, of Geor la; L. &I.
Carter, of Georgia; D. Hubert, of Loukiana; B. S. Dunn, of I;ouisiana; It. \$ Jfimble,
of Arkamas; N. A. Davis, of Texas; J. D. Porter, of Alabama; Patrick Coyle, of
Florida; J o h n kccling, of Virginia; William Minter, of Mississippi; T.
C&ie, of
Mississippi ; E. J. ?tlaynnrdie, of South Carolina; James A. Proctor, of North Carolina;
J. Wheeler, of (horgia.

The communication wab referred to the Committee on Military

Affairs.
The Chair laid before Congress another communication from the
President; which is as follows, to wit:
To the Congrcss oj the Confdprcife ,Pates.

RICniifo3D, Y A .

, December 23, 1861.

I noniinate the officers on the accompanying list to the rank affixed tothcir nalnes,
recpectively, agreeably to t h e recommendation of the Secretary of War.
JEFFERWS DAVIS.
Brigadier-generuls.

ISd\vartl Johnson, of Kentucky, to take rank December 13, 1561.

R. I?. Cokton, of Virginia, to take rank from confirmation.

Ibe communication was referred to the Committee o n Military

Atfairb.
N r . McKac, from the Committee on Finance, to which wtis referred
the niess~geof the President nominating tax collectors, rGported the
same back, ~ i t the
h recomrriond~tionthat they be confirmed.
The nominations were confirmed.
,111.. Conrad, from the Committee on Naval Aftairs, to nliich was
referred t h e nicssage of the President noniiiiating certaii; ~ia\-alofficers, repoi-ted back the same, with the recommendation that Congress
advise and conscnt to said nominations; and
They TVPW sei Prallp confirmed for the offices to which they wero
noniinated respectively.
M i . Ilarris of Xississippi mo\ed to take up the nominations of
major-generals; which motion prevailed.
Mr. Johnson of Arkansas moved that the consideration of thc nominations of major-generals be postponed; which vas not agreed to.
Ah-. Johnson of Arkansas, from Committee on Indian A4ffairs, to
which bad been rrferrcd several Indian treaties, reported a treaty with
the Seminole Xatioii of Indians.
The thirtieth article having been read, as foll~ws.viz:
A~~(TICI,E
SSS. Persons belonging to the Seminole Xation shall hereafter be come4 in all cases, ciiil and criminal. i n the courts of the Confederate
eridered iricompetent from some other cause than their Indian blood
or descent.

A h . ,Johnson mol-cd to : m e n d said article a* follows, viz:

Add at the end of ?Lrticle XXY the folfoning words: And the Confederate
Stlite- TI ill request tht. qereral States of the Confederacy to adopt and enact the pro\ I + i o i l ~of this article in respect to suit? and proceedings in their respective courts.

The amendment was agreed to.

The t;hirty-seventh article having been read, as follows, viz:
.IIWICLE
XXXYII. In order to enable the Creek and Seminole nations to claim
their rigkits and secure their interests without the intervention of counsel or agents,
and as they ii-crc originally one and the same people and are now entitled to reside
In the conntry of each other, they shall be jointly entitled to a Delegate to the House
of Representatives of the Confederate States.of America, who shall serve for the k r n l
of two years, and be a member of one oi said natlons, over twenty-one years of age,
and laboring under no legal disability by the law of either natlon; and each Uelegatc
c J-VOL 1-04---39

610

JOURNAL O F THE

[Dec. 23,1861.

shall he entitled to the same rights and privileges as mav be enjoyed b y the Delegates
from any Territory of the Confederate States to the sa<d House of Representatives.
Each shall receive such pay and mileage as shall be fixed by the Congress of t h e Confederate States. The first election for Delegate shall be held a t such time and places,
and be conducted in such manner as shall be prescribed by the agent of the Confeclerate States for the Creek?, to M honi returns of such election shall be made, and he
shall declare the person having the greatest number of votes t o be duly elected, and
give him a certificate of election accordingly, 11hich shall entitle him to his seat. For
all subsequent elections, the times, places, and niannw of holding theni, and ascertaining and certifying t h e result, shall be prescribed by law of the Confederate Stat(+.

Mr. Johnson of Arkansas nioved to strikc out froiri Ai-ticlcSXXVlI

the following words:

other queationq in which eit1ic.r of mid 112

other rights and 1)rivilegei a i inay 116, tlr,tc

The ariiendrrieiit was agreed to.

Mr. Johns011of ilrltansas morecl to strikC orit f i w r t lii(%tliiitv-c~iglilii
article the following wolds: o r in a Stat(> (oult i L J l t 1 i n m t i n
thereof the following words: *orill :L State court. sitl)jtxct to the law\
of the State.
The amendment was sgrecd to.
Mr. tJohiison offered the following 1csoliition of riitifimtion, atid the
same was unaniinou4y adopted:
Kpsobed (ttao-lhrrds of
q ) , That the Congrcw of the Confederate
o the ratification ol the articles of a treaty
States of America (lo atL
made by Albert Pike, coniinisbioner ot t l i Cor
~
States to the Indian natioriti
oiir p r l , and by the
webt of Arkanras, In bt~hitliof tlw Confc4erat
or\, in gtmsial cot111Seminole Natioii of Jntlians, by ii,\
huncil IIonse, in tlit,
cil wseinbled,. ol the other part, c*
Seminolc Nation, or1 t h e liist t h y o
eight hundred and sixty-mc,, n it11
1. Add a t the eiic
States will rcyuwt t
vision^ of thitl articl

MY. .Johnson of Arlmiii-:ts d s o wportcd a tiwity of friendship :tiid

alliaiiw ith the Cht>rokceKation of Tndims.
The thirty-fifth articlc having bcen raid as follov 5, viz:
~\IXTrcLB XXSV. A11 ~ P T M X I R who are n i e r i i h r u of t h o Clic>rolrt~>
Nation shall
hereaftcv be rompetent as witiieser 111 all caws, civil uud criiniiial, 111 the courts of
the Confederatc States, ntilws rendered iiicoiiipc~toitiroiri xoiiiv other cause than
their Indian blood or descent.

>IT.Johnson moved to amend by adding a t the end of said :Lrticle

the following words:
And the Confederate States mill request the several States of the Collfederacy to
adopt and enact the provisions of this article in respect to suits and proceedings in
their respective courts;

which mas agreed to.

Strike outJf r o m Article XLlV the following words:
the hame right,. and privilegec as may be enjoyed by the Delegates from any Territory
of tlit: Confederate States to the said lfoube of Representatives,

:Ind insert in lieu thereof the following words:

a seat i n the llal I of the House of Representatives to propose and introduce 111~as11res
tor the benefit of said nation, and to he heard in regard thereto, and on other questions in which the nation is particularly interested, with such other rights and
privileges as inay be determined by the House of Representatives.

AISO,strike o u t frorn Article XXXLII the following words: or of

a State and i n w t hi lieu tliereof the following words: or of a

State, subject to the laws of the State;

which were severally considered and agreed to.
Xr. .Johnson ofered the following resolution of ratification; which
TWS unanirnouhly adopted:

Hcsoli PCL ( f v o-t/urd<of h e Concjres\ concurrrng) , That the Congress of the Confederate
Stp-teq of Alniericad o advise and consent to the ratification of the articles of a treaty
made lw Alhert Pikr, coinmi~sionrrot the Confederate Ftate.s to the Indian nations
\vest of Arkansay in behalf of the Confederate States, of the one part, and the
Cherokee Sation of Indian$, b y its principal and assistant principal chiefs, executive
councilors and commissioners, for that purpose only, anthorimi and empowered, of
the other part; c*oncludedat Tahlequah, in the Cherokee Sation, on the seventh day
of October, in the year of our Lord one thousand eight hundred and sixty-one.

On niot,ion of Mr. vJohnson,

Congres:s re3olvcd itself into lcgihlatii e session.

THIKYIETH DAY-TUESDAY,

DECENBER24,1861.

OPEN SERSIOS.

Coiigress met pursuant to djournment, and r m b opened with prayer

b\- the lie\,. Dr. Hoge.
Congress then rewlved itself into secret session.

sE:ciwr SESSION.
(ongrei.; being in secret session,

M r . .Johnson of A4rltansasintroduced thc following resolution; mhicb

wah r e d and agreed to, to wit:
Rusolrrd, That the President he authorized to appoint on conimittfw thr nic~ml~ers
troin the States admitted since the formation of the committees. Such appointments

may be made from time to time, as the President inay deem proper and convenient.

Mr. Conrad presented the rnemorial of Joseph Kaiser; w h k h WXY

referred t o the Committee on Claims, without being read.
hIr. B o ~ c e from
,
the Committee on Postal Affairs, reported in favor
of printing the report of the l-ostmaster-General.
The report was received and agreed to.
Mr. Hale, from the Committee on Military Affairs, to whom was

612

JOURNAL OF THE

[Uec. 24,1S61.

referred certain joint resolutions of the legislature of the State of Alabama, reported the same hack, asked to be discharged from their further consideration, and that the resolntions lie on the table; which was
agreed to.
On motion of Mr. Brockcnbrough, certain bills reported by h i m f roni
the Judiciary Committee mere ordered to he printed for the use of
the Congress.
Mr. Orr, from the Cornmittcc on Engrossmcnt, rcported as correctly
engrossed and enrolled
An act making appropriations for the ) ~ r c h and
~ e alteration of
steamers into gunboats for the defensc of f~unihorlanclaird Tennessee
rivers;
An act to authorize the President to confer teinporary rank and comniand on officcrr o f the N:tvy doing duty with troops;
,411act to ~niendan act) cntitlcti "An act to cztahlish n uniform rule
of naturalization for pvrsori\ cnli d in tliu :irnties of the Confederate
States of Rrricrim; "
An act to repeal :in act cntitlctl ' ' A t i t act to cxstablish :L c o i l i t of adinimlty and inaritiinc juridiction at Kcs \Ired, i n t h State of F1oritl:i;"
An act rnaliing appropriations or thc conh-uctioii of 1OO gunboats
for tho coast defense of the Confedcratc Stntcs;
An act to provide for the appointiiicnt of chaplains in thc Nwvj-;
An act to authorizc the transfer of n certain appropriation;
An act to :Luthorizo the P r c d e n t to cause to be constructed a ccrtain nuniltcr. oi gunboats;
An act to iiuthorize the aI)pointniriit o f adclitiorisl ol1ict:r.s ol thv
Ils~vy;and
An ttot nidcing :ippropri:Ltions for the cspcnsc.; of ('rovcrnintnt i n
the legislative, (Iwcutive, and judic.ix1 dcpartnicnt~for yesir ending
1Sth of Fobiwwy, 1SG2.
Mi.. Caiupbcll, fixxi1 tlio Cointtiittet: on Tcrritorie<, to whom was
rccoiniiiittcd the bill to organize tho 'I'erritoi y of Arizona, and to crcato the office of ,wrvcgor-gencr:il therein, reportctl the mine h c k , :tnd
the first section of the y:tine being untlcr considerntion: which is as
follows, to wit:
('ss of l l r ~('0nfceth"trl~ Rnlcs of America, That all tliat part

N(*w BIcsico iiic.lncIcd within tlic following limits, to wit:

Hivcr at the parallel of 1101 th latitutlc thirty-four degrees,
) tlic eactei 11 bonndary of New AIcxico; ttieiicc south with
iqccts t h e line of Texas; :uid tlience mith said line to the
Itio(;iaiitIc, and $1) on to the line of Mexico, 011 said river, a8 lised by the treaty of
cigtitc~c~ii
Iiriiitlrc.tl a i i d fifty-lour; tliciice with the boulidai y lint: estiiblisliod by said
treaty be1n ~ ( h i tlw
i
liiic ITiiitetl States and nlesico to tlic ('olorado River, thence up
thv (:oIorwlo to t h v l i l w ( t of beginning, k,
a i i d tlw w i i c i\ lierc+y, c.rcntcd into a
tctnponiry gowt t i i i i ( v i 1 , l)y tlir i i i i i i i o of tlic Tcrritoi y of .\rimria; ;mtl nothing in
(.oiihtrii(vl :iq to iiiliibit t l r t b ( g o \ o r i i i i i t ~ i i t of tlic('oiifet1ci:ite Statrs
T r i i i t o i y i i i t o t n o UI i n o i t ~Teiritoiiw, i i i s t i i 11 iiiaritic1 atitl a1 ~ c l i
l i d I tlccin umvwient uritl l)iop<'r,o i f i o i i i attaching aiiy portion
imj ri1tic.r State or Tcititoi
tlic Confederate States. I'roc idetl,
That when ;idiirittetl its a. Stntc, tlic said Teriit
or any portion of t h e saiiie, shall
be received iiito the Union of thc Coiitcdcr'itc
eb with a c.oii~titution providinq
for the full, nclcqriatc, and Iwrpctunl ninintenaii(~~
and protcctioii of slit\ cry tiitm3n;
and that in the Incwntinic,, the iiiditution oE d:tverv i i i said Territory sliall receivc
RI y protec-tion, botli froin the Teri itoiial legislatorc and the Congress of
t h e Confederate States: I'YOZ
itlrd trlso, That nottiiix i n t h k act contained dial1 be
construrti to impair tlie rights of persons or property now pertaining to the P h o s
arid Maricopas Indians on the Gila River.

r w . 24, 1861.1

PROVISIONAL CONGI.RESS.

61 3

Mr. Campbell, from the Committee on Territories, moved to amend

thc hame as allows, to wit:
Strike out Of first section i!i tf$d h e , after the word clatit~&, all down to and
including t h e word beginniiig, in the ninth line of said section, and insert in lieu
thereof t h e follou ing, to n i t : thirty-six degrees and thirty lninutes; thence with
said parallel to t h e eastern boundary of New Mexico; thence south with said boundarv until it intersects the line of Texas; thence with said line to t h e Rio Grande and
soon to t h e line of JIexico, o n said river, as fixed by the treaty of eighteen hundred
and fifty-four between the Lnited States and Mexico; thence Tvith t h e boundary line
established by said treaty to the Colorado River, and thence up t h e Colorado and
to the place of ht~ginning.

The ainendnient was not agreed to.

Xr. Jolinboii of Arkatisas moved to amend 1)s :Ldding the following
w o I ~to
~ ,wit :
or the riwht or daiiii of t h e CoiifrdrrateStates t o the remainder of the Trrritory of
s e w _\le%c*o.

Xr. IZussell morcd to nnicnd thc :inicnd~nc.,ntby adding thereto the

following T V O I ~ S ,to wit:
or to any 01 lier territory north of the linc of thirty-foiir tlcgreea north latitude.

Thc :uiiendment to the arnendiiient was agreed to.

h i d tho :miendmetit
miended was adopted, atid the section
anieiidutl reads N S follows, to wit:

as

He i t e n t r c l d Ly t h r Congress qf the Confedwcrtc Stoles of Anzericn, That all that part of

the present Territory of S e w Mesico included within the following limits, to wit:
Nrginning on the Cnlorxtlo River at tlie p r a l l e l of north latitude thirty-four degree,.,
thence with said parallel to the eastern hountiary of New hlexico; thence south wit11
said boundary until it intersects the line of Texas; and thentxe with said line to the
q i o Grande, and so on to the line of Mexico, on said river, as fixed by the treaty of
eighteen hnncired and fifty-four; thence with the boundary line established by said
treaty between the late Vnited States and Mcxico to the Colorado ltiver, thence u p
the Colorado to the place of beginning, bc, aiid the Fame ix hereby, created into a
teinporarv govcrnment, by t h e nanic of t h e Territory of Arizona; and nothing in
this act shall be so construed as to inhibit the Government of the Confederate States
froin dividing said Territory into trio or more Territories, in such manner and a t
such times as Congress shall d w m convenient and proper, or froni attaching any portion of said Territory to any other State or Territory of the Confederate States: Provided, That when admitted as a State, the said Territory, or any portion of the sdiric,
shall be received into t h e Union of the Confederate States with a constitution providing for t h e full, adequate, and perpetual maintenance and protection of slaverv
therein; and that, in the meantime, the institution of slavery in Paid Territory shall
receive all neces~aryprotection, both froni the Territorial legislature and the Congress of the Confederate 5
Pror-irZPd al.su, That nothing in this act contained
shall be constrned to iinpai
rights of persons or property now pertaining to tlic
Pinioa and hlaricopas Indians on the Gila River; or the right or claim of the Confetlelate Statcas to tlie ieniainder ot the Twritoly uf New Mexico, or to any other lcrritory north of tlicl linc of thirtj-four degrees north latitude.

Richmoncl, .Deceniher 24, 1861.

illi. I,aesltEenf. The President o n ycctwday approved and signed
A n at+ t o amenti a11 w t tn require the receipt by the postmasters of the Confederate
States of Treasury notes, in sums of fire dollars and npwards, in payrnellt of postage
stamps and stamped envelopes, approved August 30, 1861.
ROBERT ,TOSSI<LY~,
Pric ate Secwftr~y.

The serellth section of the bill being under consideration; which is

as follows, to wit:
SCC. 7 . i l n d be it further pnncled, That the legislative power of the Territory shall
clutenct to all rightful subjects of legislntion consistent with the Constitution of the
Corlfederate States and the proripions of this act; but no law shall be passed inter-

614

JOURNAL OF 'I'HX

[Der. 21, 1SSl.

fering with the primary disposal of the soil; no tax shall be imposed upon the property of the Confederate States, nor p l i a l l the lnncls or other property of nonresidrnts
be taxed higher than the lands or other prop
of residents. Every bill which shall
have passed the council and house of represe
i t C'S of the said Territory shall, hefore
it become a law, be presented to the governor or the Territory; if he appro! e, lie
shall sign it; but if not, he shiill return it, with Ins objections, to the house iii \vhich
i t originated, who shall enter the objections at large on their journal, anti proceed to
reconsider it. If, after such corisiderntioii, tn o-thirds of that liousc shall agrcrl to paw
t h e hill, i t shall be sent, together with t h e objections, to the other house, 1,) \vIiic~li
it shall likeaise he ronqidered, and, it approved Iiy two-thirds of that lion
become a law. But in at1 such caws the votes of I)oth honscs shall be dete
yeas and nays, to be entered on the journal of each housc rcyectively.
shall not be returned by t h e governor within three d a j s (Suiidays e x c q t e d ) after if
s+ll have been presented to 1 , the same shall be a law i n like manner a' if he had
d it, unlc~sthe Icgislatur )y atljonrnment, prtvent its return, in n liicli raw it
not br n law: I'rciwdd o 7/s, That the goicrnor shall not twxcise the veto in
hereinaftw cxpr~ssIvr c
ctl or tlenietl I)y tlim act

Mr. DCIt'itt inoi~edto iirnc.rid tltc

the l'ol lo.rviug words. to wit:

\iLt11('

l ) :iIding
~
sit the end thereof

P ~ o i ~ i t l r tj lw l h c r , l ' h t 1ltr Coiigirc- 01 1lie Con

I I)\, t h ( x l(~gi\htiiv
vhange, inotlify, OP annul a n y la\$ tlmt i1i:iy t)e 1)
but no changc ornnnnIliii,g 0 1 t l i v m i i c ih,ill :tflrct or tli.tilt 1) ~ i light
i
~:ttII
vious to tlw making of swti C L ~ I ~ tir
C :ilteratioii: L I J L f [ 111 0 1 / / I ( ( / j t ( 1 / / 1 ( 1 , That x t i i l
Congress inav a t any tiin(>.(liiriiig tlio ciuiittwre 0 1 caiil T t v ritorial g o y c w i u l t ~ i I ( oiiqi+
,
nate and pa& tor the peo ,Ie of said Tcwitory m y law w l i i i * l k ('ongie+- ii1,iy t k c m
expetlient or necessary a n 2 proper

Tho aineiidment was agreed to, mid the

follows, to wit:
SEC.7. ,l)ttl IV i t .further cnactrtl, That the
\ o power of the Tcrritory shall
iit with the Con6titution of the
extend to all rightful subjects of legislation
Confederate States ant1 the provisions of t h
u t iin In\\ h l i i i l l be paswcl interfering with the priniary clispovtl of tlii. <oil;
l i ~ l lbc inipo,sed upon the property of t h e ('oiif(v\er:itc~ Statcq; nor slinll thc land;- or othe ri)perty of iionresitlerits

'i'h'll

tha ~"ollgr(w
of

'Iullul all). k I V

1h:tl

I1t:LY

tllP
IN3

ion 1 0 lwitig rindcr c~oiisicl~~i~:it

ion: \c hich i< :I\ f'ollo~\
s, to wit:
SIW.10. .lid (If'i / f m / / / m errncltd, That tlrci jiicli&d ~ 1 o u oft ~+ i t 1 Teiritory sliall
I)(. vtntctl in a siiprt>mecourt, tlistrirt courts, prob
l~race. Tlic wpreme conrt sliiill mn&t oC it c1iic.f
:my two of whoiii rliall c )tirtitne :x quorum, nntl wl
governincnt of said Tcrritory annuzilly. ThcS) s1i:ill iippoint clerk, u 110 rhall hold
Iii s oflicv tluring their plcnsnre, and n h o slinll r c w i \ e :t salary of
dollars pt'r
:tlmiiiii, 1)") :ible qu'irter anniiully; iincl they shall hold thcii ofIicy,. ( I n k ? the period

YBOVTSIONAL CONCRESS.

Dee. 24, 1861.1

trict courts h h a l l linvc ancl exercise the mne jurisdiction in all c a m aribiiig under
the ConLtitiition mll lav q of the Confederate States a4 is T-ested in the circuit and
district corwi3 of t h c a Confederate States; and the said supreme aiid district courts Gf

M I . Dc \$it,t nio\-ed to auieud by inserting :iftei* ihc wort1 f l w

cloiii * the following words. to wit:
That i i o t h i ~ ~Iicrc+i
p
cviitaineil shall be construed to npply t o OF
Tr-hicli may be pawed h y tlic Cniigresg of the Confetleratc States of
econct section of Article TV of t h G
respecting fugitivc dares or other

J/r,.thc,,
T,

.\nd

la157

tlp011 ~ ~ l i i che
h

clemanded that the p a s aiid nays of tht. wholc

2s follo-crs, to wit:

: Mebsrs. Thomason, Garland, m c l Watliins.

Bradford, Harrison, and Campbell.

lark, Coiiro\v, Vest, and Freeman.
Korth Carolina-Say : 31cssrs. Veilable and Puryestr.
South Carolina-Nay: MY. R o ~ w .
Tennessee- P t a a : M u . Dc Witt.
;Yay: Messrs. Rengari. Heniphill. OldTexas-yea: 31~.~~~d
ham, and Ochiltrce.

616

,JOlJRNAL OB' THE

LDw. 24, 1861.

Virginia-Yea: Mr.Rives. Nay: Xessrs. Macfarlaiid aitd Brockenbrough.

Yea: Alabama and Tennessee, 2.
Nay: Arkansas, Blississippi, Missouri, North Carolina, Soutli Carolina, Texas, and Virginia, 7.
Not voting: Florida, Georgia, Kentucky, and Louisiana, 4.
So the amendment mas not agreed to.
Mr. Campbell moved to amend by striking o u t the following wot-dR,
to wit: "a salary of
dollars per annum, payablc quarter :innually" and inserting in lieu thereof the words "siich fees in all case&
in said court as the clerk of tlie supreme court, of the 'L'crritory of
New Mexico is now entitled to by law."
The amendment was agreed to.
And section 11 being andci.coiihidcrntioii; wliich is a4 follows, to wit:
Sw. 11. A

d be i f , f ~ r r l h e i enacfcd, That thcic ihall bc appoiiitcvi an attoiney for

Mr. Waul moved to fill the first Iilarik with the words " tivr h u n drcd. ''
Tho :imcntlmcnt was ngrccd to,
And Mr. Carnpltcll 1novcd to fill thc s c c ~ ~blank
~ d with the woi
" two hundi*cd."
r ,
Lhe arncnclwcnt IWS ayrwd 1o.
MI-. Ow, from tbr Coiuiriitttx on i<ngi-ossnioiit, ucportcd xs COYrectly engrossocl mid enrollccl
A n act supplcmc~ntwyto :in : i c s t to autlioi-rzc ttrc ibsiic of 'l7rcasury
notcs, and to provide :I w : ~ rt:is for t i i c i i * rc~lciitptioii; and
An act, to provide tor crrt;iin o l t i c ~ ~of, t h Kc\
~ v t i t t ~Scrvicc.
And .;twtioii 12 bring t i t I' c.oii~itl(.1.:itiori;whirh i h : i fo11ow~,
~
10 wit:

mr.

24, lab1 1

PROVISIONAL CON a RESS.

1111ndrcd.
111..l \ l o t ~111ored
~ ~ to ~ I I I P I ~1))C ~ tilling tho blank with the words
t\vo thouznntl.
[poti hic.11 Alr. l1Jioinmon,at tho instance of the State of Arkansas,
dcni:uideci that, I ho yeas and nays of thc whole body bp i*ecorded;
which arc? :I< follows, t o wit:
,ZJabnmn-Y ciz: MY. McRae. Nay: Mr. ITalc.
.bl.;ni 1 \:is --Say : hl essrs. Johnson, Thomason, (:arlaud, and \Vat kins.
Kenti:ck~ - -Yea: Mcssw. hloliroe mid ,Johnson.
I-- Y e a : Messr.;. Perkins and Conrad.
pi -Ym: M r . l h d f o r d . Kay: Mev~rs. Harrison and

Missouri---Yea: Sir.E1*ecmnn. Xay : M e w s . Clark, Conrow, aud

veit.
Sorth Carolina-Yea:

. Venable and Puryear.

Me
Xessrs. 31cniniinger and Royce.
ea: liebsrs. House aiid De Ritt.
n: ~ l c s s i ~ s Iieltiphill
.
and Ochiltree. Nap: Messrs.
i t c a p i t , J Y d , and Oldham.
Virginia - Pea: Messrs. Macfarland, Rives, Rrockenhrough, and
Johnston. Kay: 3fr. Bocock.
Ycn: Kei~~iiclq-.
Loi~isiaii:i, Sorth Carolina, South Carolina, Tenxrid Virgiiiia. (i.
Say: Ai~l~ms:iq,
,Ilis$issippi, Miwmii, arid Texas, 4.
Dividccl: AlaI):Ltna, 1.
Kot votiiig: Florida and Crcorgia, 2.
So the aniendrncnt waq agrccd Lo.
&lr. Thomaion moved to till t h r second blank with the words five
hundred.
Jlr. 0cliilti.ce 1 1 1 0 ~ctl io : t n i o r i t l hy Mling the same with the words
.one tlouuarlc~:
Upon mhich XY.lliomasori, at the iribtaiice of the State of A r l t ~ t ~ ~ s a s ,
demanded that thc yea$ aiid nays of thc whole body be recorded thereon;
which are as follo\v~,to wit:
Aklabama-Zca: Mr
cKxc. Say: Mr. Hale.
i \ r ] < ~ n ~--Yen:
~t.
31 ., ,Johnson, Qiwland, and Watltins. Nay:
3Ir. Tlio~iiaioii.
I<mtnck~---Yra: Mes61-s. Monroe and Johnson.
Loui&na-Yea:
Mcssrs. Perkinv and Conrad.
hlissis-ippi-Yea: A1essr.i. Bradford and Harrison. Nay: Messrs.
Harris and Campbell.
Missouri- Yea: Mcssrs. Vest, and Freeman. Nay: Messrs. Clark
and Conrow.
Korth Car.olina -A>iy: 3lcsrrs. l~en&lcand Iuryear.
a-Tea:

Dee. 24. 1SCl.l

IltOVI!3IONdL

CONGRESS.

Upon which Mr. Freeman, at the instance of the State of Missou

deiiiaiided that thc JPRY and naj7s of the whole body be recorded
which are as follows, to wit:
Alabama-Yea: A h . ;\lcKae. Kay : A h . IIale.
i2rkaus:is-Xay:
Y. Johnson, Thomason, and Watkins.
Kentucky-Yea:
rs. Monroe arid JO~USOII.
Louisianit--Tea: Messrs. Perkins and Conrad.
i\llissi~sippi--kca: Messrs. Orr and Bradford. Nay: Mcssrs. Ha
SOH and Cainpbell.
3Iis~ouri--Pe:i: ;\I TS. Clark and Vest. Nay: Messrs. Conro
and Freeinan.
North Carolina-Yea: 31
enable. Nay: Mr. Yuryear.
. ilfemminger and Boycc.
Naj7: Mr. De Witt.
gan and Wa~ul. Nay: Mr. Ochiltree.
Virginia--Yea: Messm. Macfarland, Rocock. Rives, Rrockenbrough,
lttissell, and Johnston.
Ye&: IZentucky, Lonisiana. South Carolina, Texas, and Virginia,%.
Kay: Arkansas, 1.
Divided: Alabama, Mississippi, Xissouri, North Carolina, and
Tennessw, 5.
Not voting: Florida and Georgia, 2.
80 the motion was not agreed to.
3fr. Thoiiiasoii moved- to fill the blank with the words eighteen
hundred.
The motion mas agreed to.
Xr. Orr, from the Committee on Engrossment, reported as correctly cngiwssed and enrolled
An act n1:iliing appropriations to coniply in part with treaty stipulations with certain liidiaii trihcs.
Mi-. Canipt)ell movctl to amend by striking out the word five,
wlicrc it occi~rsin tho hcetion, and insort in lieu theroof the word
four.
Ihc :iincndmcnt vas agreed to.
.tl.;o t o fill tho lest blank with the words one thowmd.
The amendment was agreed to..
eiiig undw consideration, which refers to
The fourteeiith scc
ind their pay and niileqgc,
the Delegates to Con
nictitl by filling the hrst blank with the
Mr. %ainpbcll nio
words ten cents; which was agrecd to.
Also to fill the second hlank with the vords right clollurs.
The amendinent was agreed to.
Also to strike out t h e word art: arid to insert in lieu thereof the
words m a y bc.
The amendment wah agreed to.
And thc fifteenth section heing under consideration, which r
hurveying the lands of the Territory,
Xr. Thorntison moved to strike out the word two after market
and insert in lieu thereof the word four.
The. :tinendmerit was not a g i ~ to.
d
And scction 18 bcing uridor consideration; which is as follows, to wit:
SEC.18. B ~ z t be
l it further enacttd, That the provisions of this act be, and are hereby,
suspentlcd. until the President of the Confederate States shall issue his proclamation,
cleclaring this act to be in full force and operation, and shall proceed to appoint the
oflicers herein provided to be appointed in and for said Territory,

620

JOURNAL O F THE

[Der. 24, 1861.

Mr. Campbell moved to amend the s:me by adding at the end thereof
the following words, to wit:
And if said officers shall not he appointed and confirmed before t h e eighteenth day
of February, eighteen hunilred xnd sixty-two, they shall be appointed by and with
the advice and conscnt of the Seiiate of the Confederate States.

The ainendmerit was not agreed to.

By general consent Congress recurred to the twelfth section, when
Mr. Thomnson moved to amend by inserting after tho word Congress the words or t h e Senate.
The aniendtiient was agreed to.
And Con ress having recurred t o the tenth section b y general consent, Mr. # a d inoved to amend By striking out the words but
neithcr of them shall l w cligiblc to renppointiucnt to thc same office in
said Territory.
T h e :miendnicnt WLS agreed to.
And t l i t bill was cngroiscd, rcxid :L third tiinc. and passed.
Ant1 i\l r. C;xmpbcll inovcd to nrncntl t 11o c,:inic hy
words :md to clcatc?t11~
of5ce of ~ t x ~ * v c y~ oS . rC I I C P ~ L I t
The amondnzeiit was :igrced to.
Mr. Conrad r n o v c d to iwmisider the vote 011 Lhc, p:iss$:igc,of
A bill authorizing tho construction of :t certain nuinltci. of gunboats.
TIE mbtion was xgroccl to.
Mr. Conrad inoved to Peconsidcr the vote t)y which said hill mas
ordered to be engr
for a third rcading. .
Tho m o t i o n was
Mr. Coniwl ther
to amoiict by striking out tho words
q ) p r o v ~ daiid ndoptctl l)y*:Lnd to insert, in lieu thereof as rnodi tied
by.
Ihainc?iiclrncntW:LS :tgrccd to.
Ant1 thc })ill a s :uiitarrtled I-cx.~!:ithird tiiuc and p : ~ ~ d .
Mr. IIwris of illississippi introduwd
A bill rcikatiiig to the iw.;todg of thc 1 u.nqof {lie ctcrtiticates of the
votes of thcl clections for Ircsidcrit :uid
wLich WVRS rr:tcl Lirst and ;.~coiid tiiiic.s, c n g r o i d , rcad thiid tiinc,
ELld pSd.

1<;\iXllTIVB

I)EP,\ILTIMENl,
f~icIk?i~o?ld,
&cwrtbfr 24,

1561.

k ~ yapproved and sigiie(1

wiati(it~sto c~~niply
in part with treaty stipnr111s01tliv Na\ry doing diity with troops,

) n l w tcvnporary rank anti command on offi-

i w ~ i m
SOSSELYN,
~
I~i7mk&m?ary.

MI-. M:iiil, tr-oni t hc (oiniiiit tcc o n 1ndi:Ln A tf:iii-s, i*cyortcdbaolt :Lnd

r t ~ ~ ~ o l l l ~ 1t Irc
l ~ 1):kWLgY
~ll~l~~
oil
A hill t o pro\ id(. lor t IIV I):ijwi(iit, o f ccrbh Iiidittn tmmps;
wliic4i \v:w 1 ~ ~ 1kitrhf
l :tiid W C O I I ( ~ f imcs.
MI.. Harris tirovd t,o I)o\tl)oLic I I I V f u r t l i w con ici*ntioti of t l i ~bill;
whic:li W:IS :igreeil to.
Atid on rriotion of MI,. C:1111p1)(~11,
C o i i g r c ? ~tool, :I ICSS utitil 7 oc.loc+lc 1). 111.

I)eo. 2i, 1661 ]

PXOVlHIONAL CONGRESS.

OCLOCK 1J. BI.

Congross met pursuant to adjournment and proceeded to the consideration of the iinfinished business; which mas the consideration of
A bill to proyide for the payment of certain Indian troops.
?he bill was engrossed? read third time, and passed.
EXECUTIVE
DEPARTJIENT,
IZichmond, December $4, 1861.
Xr. Presdcnt: The President has this day approved and signed
An act making appropriations for the purchase and alteration of stearners into
gunboats for t h e defense of Cumberland and Tennessee rivers;
An act to amend an act entitled A n act to establish a uniform rule of naturalization
for persons enlisted in the armies of the Confederate States of America;
An act making appropriations for the construction of 100 gunboats for the coast
defense of the Confederate States;
An act to provide for the appointment of chaplains i n the Navy;
An act to provide for certain officers of the Revenue Service;
A n act to authorize the transfer of a certain appropriation;
,in art to authorize the appointment of additional officers of the Navy;
A n act making appropriations for the expenses of Government iii the 1
executive, and judicial departments for the year ending 18th of February,
An act supplementary to a n act to authorize the issue of Treasury not
provide a war tax for their redemption.
ROBERT JOBST!: LYN,
Prwnte &cretar~y.

Mi.. Halc, from the Committee on Military Affairs, rcportcd back

and recommended the passage of
A bill to provide for a corps of engineers for the Provisional Army;
which was engrossed, read three times, and passed.
Mr. NcRae, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to authorize the President to cause to be constructed a certain number of gunboats.
The Chair announced the following members of coinmittees:
Mr. Monroe, Foreign Affairs and ,Judiciary; Mr. Burnett, Finance;
Mr. Johnson of Kentucky, Military.
Mr. Johnson of Arkansas introduced
A bill to establish certain judicial districts, and to provide f o r courts
of the Confederatc States therein;
which was read first and second times and referred to the Committee
on the Judiciary.
On motion of Mr. Hale, Congress then resolved i t d f into ftxecutive
session; and having spent some time therein, again resolved itself into
legislative session.
Mr. De Witt offercd the following resolution:
Resoltzd, That n lien this Congress adjourns to-night it take a recess till Monday,
the sixth day of January, anno Domini eighteen hundred and sixty-two.

Mr. Waul lnoved to amend the same by strikin out sixth day of
.January and inserting thirtieth December, an upon which, at the
instance of the State of Texas, he demanded that the yeas and nays of
the whole body be recorded: which are as follows, to wit:
Alabama-Yea: Rlcssrs. Hale and McRae.
&ka11sas--Yea: &fessrs.Johnson and Watkins. Nay: MY.Garland.
Kentucky-Yea: Mr. Monroe. Nay: RIr. Johnson.
Louisiana-Y ea: Mr. Yerkins. Nay : Mr. Conrad.

622

JOUItNhL O P THE:

[Dec. 24, 1861,

Mississippi-Yea: ?('Icsbrs. IIarris, Orr, Harrison, and Cai~ipl~ell.

Nay: Mr. Bradford.
Missouri-Yea: Messrs. Cooke and Conrow. Nay: Mr. Clark.
North Carolina-Y ea: Mr. Venable. Nay: Mr. Yuryetlr.
South Carolina-Yea: Mr. Boyue.
Tennessee-Bay: Messrs. House and De Witt.
Texas-Yea: Messrs. Waul and Ochil tree. Nay: Nr. Heniphill.
Virginia--Nay : Messrs. Bocock, Brockenbrough, and Russell.
Yea: Alabama, Arkansas, Mississippi, Missouri, South Carolina,
and Texas, 6.
Nay: Tennessee and Virginia, 2.
Divided: Kentucky, Louisiana, arid North Carolina, 3.
Not voting: Florida and Georgia, 2.
So the amendment was agreed to.
And the question recurring upon the adoption of the resolution :is
amended,
Mr. Bradford of Mississippi, at the i n k i t w e of his Stxtc, d~iniindcd
that the yeas and nays of the whole body bc recorded thercorr; 111iic.h
are as follows, to wit:
Alabama-Yea: Messrs. Hale and McRae.
Arkansas-Yea: Messrs. *Johnsonand Watkinx. S a y : XIY. (;arliLi)(l.
Kentucky-Yea: Messrs. Monroe and Johnson.
Louisiana-Yea: Mr. Perkins. Nay: Mr. Conlad.
:
Mississippi-Yea: Messrs. Harris, Harrison, and CS~iiipb(~l1.SWJMossrs. Orr arid Bradford.
Clark arid Cooltc.
Missouri-Yea: Blr. Conrow. Nay: MCSS~S.
North Carolina-Yea: Nr. Puryear. Nay: Mr. Venablc.
South Carolina---Yea: Mr. Boycc.
Tennessee-Yay : Mcssrs. Hoiisc and De Witt.
Texas-Yea: Messrs. IIenipliill arid Waul. Say : Mr. Ochilti-ec.
Vir inia-Yea: Messrs. Broclccnbrough :ml Itushell. Say: Mr.
Bococ .
Y 0a: Alabama, Brlcnnsae, Kentucky, Mississippi, South Carolina,
Texas, and Virginia, 7.
Nay: Missouri and 'rcnnessec, 2.
Divided: Louisiana and North Carolinn, 2.
Not voting: Florida and Georgia, 2.
So tho resollition as nriiendcd was udoptcd.
Mr. Jolinsoii of Arksnxts irioved to take up
A bill to authorizc the l'residcnt to confor temporary ratik and commnnd for servicw with yolunteer troops o n otficws o f the Confcdcrnte
hny.
T h e iiiotiotr wai: iigrocd to.
And thc, bill WL.S tiilccri up, (wgrmwd, rerid third tinic, :tnd p:iw~.l.
Mr. I3oyc.c iirovetl to t:tkc up for wn~idcrationthc report o f t It(.
Military Coiiiinittcc i n t*&tion to the ~ ~ ~ l ~ l i c :of
t l ithc
o ~ rreports o f tlic
various battles.
The motion did iiot prevail.
, on niolion of Jtr. Orr,
il 19 o'clock on &Ionday, 1)cccmber 30, 1861.

Dec. 21, 1861.1

623

CONCBESS.
SKYYIOX.
IOX.

Congress hein I in executive session,

The Chair lai before the Congress the following comniuiiietttion
from the President:

kixEcrrrivB; Owrcis, Rich~rtond,Decpvzher ~ 81861.

,
i / ~ihc C~~qrr,>a
of the Confeedelate States:
I noniinate the officer:: on the acconipanying libt to the rank affixed to theirnames,
req)trctiwly, agrrrably to t h e 1.ecoimnendatior1 of the Secretary of \.Far.

JEFFERSON DBVIS.

Xajor.
1:. 1. Solantl, o f

Coptnins.

Thoma. E. Tmnard, of Xssissippi; John 11. Walker, of North Carolina; Thomas

J. Collic,r, of Georgia; ,John G. Campbell, of Louisiana; George 1%. Stedham, of

; Jqhn 31. Quinn, of Georgia; Edgar Jliller, of Tennessee; W. J . Fleming,
ippi; S.G. Ray, of Tennesee; J. &I. Senter, jr., of Tennessee; A. IT. Shu-

orth Carolina; F.W.Green, of Tennessee; George P. Wagnon, of Alabama;

tierts, of Alabama; 12. 11. PinimonP, of Texas; A. K. Lee, of Texas; Preston
Miibisbippi; \V. 13. Sanford, of Sort11 Carolina; John Knox, of Virginia;
Andrew K. Venable, ot Yirginia; W. 13. Burns, of Kentucky; S. T. Bridgcs of Texas;
B. F. &IcKre,of Xorth Carolina; John E. Spearinan, of Korth Carolina;
W. Guy,
of Iiciitucky; 1,. 31. Gardner, of Kentucky; \Ir. 0. Hagerty, of Alabama; James C.
Jenifcr, of Virginia; John C. Bridgewater, of Tennessee; John Collins, of North
Carolina; Thomas B. McNaughton, of Tenneseee; Alpheus I?. Haymond, of Virginia.

d.

(~~I\RTERJ~~\STE:H
I)EP.1KT.\IE>ST.
S

Jlljors.
Peter Jf. Leath, of Tennessee; Fleming IIodges, of Alabama; S. T. Peters, of
Tirginia.
c?Jptfli,zs.
31. 11. Keene, of Arkansas; Benjamin A. Botts, of Texas; Benjamin F. Ridgeway,
of Tennessee; J o h n T. Averett, of Virginia; David B. Horner, of Virginia; S. M.
Someis, of Virginia, John 31. West, uf Louisiana, Jaine+ IIaniilton, of Mississippi;
L IIudging~,of Tenneseee, J. P. Barker, of llissouri, J. F. Thonipson, of Tennessee;
E. C. Siriikins, of Florida; Waltcr V. Crouch, of Louisiana.

Thc coiiirnunication WRY referrctl to the Coiiiiriitteo on Military

Afhirs.
The following co:ninuiiicatioii wa- rcceiveci f rani the President:
Excccmrx DEPiimimcr, Richinond, December 24, 1801.
To the Coi~~ress
of lhe Co?&dercite Stutes:
I nominate the officers named in the annexed list, agreeably to the recomniendation of the Secretary of thc Navy.
JEFFERSOX DAVIS.
1;i e uim (( rit
Kicholas H. \an Zandt, of the District of Coluinbi:i, late a lieatenant in the Unlted
States liavy.
Q U A R T E R V A S T E R IN \I AIIIUR CoRl,

Algernon S. Taylor, of Virginia, a captain in the Marine Corps.

624

JOURNAL OF THE

[Dec. 21, 1861.

The communication was referred to the Committee on Naval Affairs.

The Chair laid before Congress another communication from the
President; which is as follows:
ExEcu,rrvrc I)iwarc~wwi~,
Ricliinond, I)ecewthrr

JMf.

To the Congress of the Confederate States:

I nominate the officers on the accompanying list to the rank affixed to their names,
respectively, agreeably to the recomniendation of the Secretary of War.
JEFFERSON DAVIS.
QUARTERMASTERS DEIARTMENT

ilfujols.

J. B. Ferguson, jr., of Virginia; Charleh 13. Carr, oi Virginia; 11. (+.IIaiman, of

Virginia; Isaac R. Dunn, of lirginia; A . 13. Coolrc., of Viiginia; W. 8. Ashe, of
-.
, Dan. F. Cocke, of Tennessee; John (;ootlnin, oi Alabaina; A. B. Ragan,
of Georgia; Albert,J. Smith, nf VirginitL; \V. J . ~~~~~~~~~~on, oi Tc~nnessce;T. K. Stcvenson, of Tennessee; John 11. Cameron, of North Carolina; 1. 15. JAC
see; C. A. Snowden, of Maryland; IF. 11. Iilnsort, o f Floric1:t; .J,inir.c 1. lirewelr, of
Kentucky; George W.Jones, of -; William Laiiib, of Viipiniit; .John I:. 1 Iarvic,
of Virginia; N. G. Watts, of Mississippi; Sam. K. IIajw, of Kcmtiii
South Carolina; W.F. Ayer, of Virginia; Ed %ZcMahoa,of Tirgi
of Louisiana; 11.J. Itanney, of Kentucky; Jnlins Ileesce, of of Tennessee; W. B. Cross, of the Ilistrict of Coluinloia; IVilliani 22.
see; A. A. Burleson, of Alabama; A. 11. McLaps,,of Georgia; William 1. ?IXitch.ll,
of Tennessee; Charles S. Severson, of Mississippi; J. 11. ,1Ic,lIahon, of Tenncssce;
Sumner J. Smith, of Georgia; William 3%. hlontqoniery, of Arkansas; L.C;. De
Idussy, of Louisiana; John Pope, of *, Jariirs Glover, of Tennessee; \T. F. Alexander, of Georgia; Alfred M. Barbour, of Virginia; W.A. Broadwell, of Louisiana;
T. F. Fisher, of Louisiana; T. 8. Moise, of Louisiana; Ai.17. Cone, of Cieorgia; J. D.
Williamson, of Virginia; J. A. Johnston, of 1irgirii:t; .J. A . IIarnian, of \7irginiq
Alfred \V. ( i . Davis, of Virginia; Clcnirnt 1). TIill, of ---;
T. li. Ilcard, of 1,ouisiana; W. 1,. Bailey, of the District ot (olmiibia; .I. I$.
Jhoi
L. W. OI$annon, of -.
, J. 1. Jlintcr, of --;
I r. I;.
It. F. Mason, of -.
, 1L. C. Tylcr, 01 -.
, .John I). l i i ) ~
Davis, of -; w.14:. 1) PI,of AlzLb~llla;(;corge I~crol,er,
Queseiibury, of iirlransm; , X , ~ i n13. iltorey, of ; R O ~ A IILtlltt,
I ( ~ of h0111h CMOlina; Hiitson Lev, of South (ttro1iii:i; ( ;coigc 1). Jlctcer, of \irgiiiia; Iknjaniin
Bloomfield, of Virginia; A . W.Ilarinan, of -.
13.

William 11. Govan, of A~I;:uiu:

. T o l i n 1:. lhirtiin, of hrk;ins,ic; Janics I). J,:ztimcr,
of Arkausas; l l c n ~ yT. 11ii11, id wrgia; i\leunnclcr Iliillip, o f Georgia; J a i n t ~ r11.
( M c , of Georgia; Jiilins A . ltol ns, of Lll:xlxuii:~;Leroy T. ,Johnson, of Alalxinu;
J. W.A. Sanford, oi A1;LI)anra; .Jaiiiw 1). \ V d i l ) , of \lal)aiiia; Edwiii IT. Ilarris, of
lolliday, of (teorpia; Gcorge K h i t t i ~ l d ,

il>l(~r,
of Virginia; ,lo1111~\ lI{iriiian, ol
Virginia; 15. ,J. Ann%trong,of Virginia; 1. 1. It~ndlt~toii,
of Virqiiiia, 11. 11. S r l t l ~ i i ,
ot Virginia; W. S. IVoutl, 01 Virginia; 1;. 1. A\rvlirr, ol Tirgiiiia: D. 11. Wood, oi
Virginia; liol,crt (1. \\ocrtls, of Virginia; ( ieorgc \\ . ( t i i c ~ > , ot \ irgin~x;,Jolin
Whitfield, of -;
Williaiii F. Ilaiiicq, of 3Iismiri; .lob It. Cringan, ot \irg~n
I,. De i,aigle, of Grorgia; 111. Stwatt, of nlississippi; .John J . And(won, of Tennebs
I+:. S. Chcathani, of Kortli Carolina; Philip Catching, of Jlississippi; C . 6. Hart, of
(icorgia; George T. illc(ic>lic?t.,of Mississippi; 15. 11. I,. Ihglc, of Florida; John (1.
Finme, of Tenriesscc; Cleiiic~ntYoung, of IIood, of Georgia; IZobrr t Thomas, of C;ieorgia:
David Butcher, of Virginia; G. T. Jones, of Virg
Theodore Johnston, of Louisiana; J. G. Kclburn, of Imiisiana, Da\ icl C. I,abatt, ol
Louisiana; Hannibal Harris, of Texas; ?If. U. BlcJIic,ken, of Florida, Richard 11.
Gayle, of Virginia; Thompson Harrison, of Louisiana; F. D. Cleary, of Virginia: B. F.

Ilec 24, 1861.1

PROVISIONAL CONGRESS.

Lorehce, of south Carolina: 1 . 1). Wright, of South Carolina; James Goodnlall, of

Louisiana; J o h n G. Pierce, of Alabama; William H. ffarrison, of Texas; William
Blc3liiii1, of Alabama; R. (3. Echols, of Virginia; Chastaili \Vhite, of ~ ~ i ~ ~ i
Charles F. West, of Virginia; S . ill.Yost, of -.
, J. L. Morgan, of -.
, Ed.
Phillip6, of Louisiana; R. R. TT'inder, of Virginia; W.D. Schoolfield, of Texas;
12. Ci. Banks, of Virginia; R. J . Ilaller, of Virginia; Christian 1. Suber, of South
Carolina, J o h n W. Bell, of Virginia; Richard P. \V&ller, of Virginia; James B.
Thornton, of Tennebsee; Einile Lasere, of Louisiana; JVilliam L. Powel1, of Virginia;
filontilla Clark, of Virginia; Jol111 B. Grayson, of Virginia; F. IF'. Dillard, of -;
J . 11. I':CholH, of i\labariia; Charles Morris, of Virginia; C. 12. Mason, of Virginia;
J . It. Brethwait, of Virginia, FI. T. Massingale, of Tennessee; John c. MeGlenahan,
South Carolina; S.31. Lanier, o f Florida; Thornas D. Hamilton, of bfississippi;
T. .ilston, of Sorth Carolina; W.A. A d a m , of Georgia; Mitchell Tate, of Viria; J o h n T. Roberts, of Kentucky; P. 31. Doherty, of Nissi.qsippi; Ben. F.
ninr, of Gcorgia; I i c n ~ e Johns,
g
of Georgia; James A. It. Hanlrs, of Geor ia; Janles
V a u g h a ~ ot
~ , (korgia; 11. McD. >IcElrath, of Tennessee; If. 13. Scales, of north
B Carolina; James J . Litchford, of North Carolina; Charles De Reigne, of Louisiana; R. P.
Atlrinsnn, of Sorth Carolina; W.H. Hickman, of Florida; J. 1).Tolson, of 3liss1ssippi;
Jaq. lPlcKaj, j r , of Florida; Landon 11'. Oglesby, of Tennessee; George M. Cochran,
of Virginia; R C Shorter, of Georgia; John P. Dillingham, of North Carolina; D. F.
Piinimry, of Korth Carolina; Samuel 0. Broadwell, of Arkansas; H. C. TVhiting, of
-;
T. 11. Hiill, of -.
, A. IF'. Tick, of Tennessee; Miles I<. Crenshaw, of
Caqahat, of Louisiana; Herniann Hirsch, of Georgia; Robert
A. S Ryrd, of Virginia; John C. Wooson, of Virginia; N. H.
S. I. Lewis, jr., of Virginia; Ssmnel R. Chisman, of Virginia;
rginia; If. C. Deshields, of Virginia; Hamilton J. Stone, of Viryinia; John A. Xoore, of Alabama; P. C. Elutter, of ; S. A. Miller, of Virginia;
Stepton l'ickett, of Alabama; B. BlcICinne, of Alabama; Stephen IT. Oliver, of -.
TI. JIcCail Darenport, of Georgia; Thomas C. Clark, of Alabama; FXas \IT.
Kennedy:
of Alabama; B. F. Jone., of Geor ia; Thomas P. McCandlish, of Virginia; John C.
Maynarcl. of Pirginia; T. J . Woolfolk, of Alabama; J. 5. Green, of South Carolina;
Osborn K.Smith, C J ~Xilis~issippi;James Houston, of Georgia; 13. 3i. Bell, of -;
nt, of Sorth Carolina; &filer Selclen, of
Clark, of Virginia; John Jlirkland, of
A. D. Cazaax, of Korth Carolina; J. S.
Powell, of William Bacon, of Georgia; Henry B.
ssee; P. A. Sandy, of Virginia; Thomas
Wilron, of Tirgiriia; J. It. Vogler, of Xorth Carolina; E. 8. Tutwiler, of -;
George
S. Thompson, of -; David W. Hinkle, of Alabama; James McLofler, of Tenneswe;
J 3I. Jeniison, of Alabania; S. 1'. I\litchell, of -; A. 11. McGowan, of South
Carulim; 11.' W.Giddenu, of Tennessee; J. V. Mea, of Tennessee; James Davenpo11, ( J f Tcririessee; A. D. Taylor, of Tennessee; 71'. W. Floyd, of Tennessee; R..'X
Crockett, <If 'Tennessee; R. J. Lightfoot, of Georgia; Ed. BlcCouinick, of -'
,
31. Jones, of Kentucky; F. L. Groce, of Georgia; James 31. Morgan, of Tennessee;
Oliver h. Drwej , of Korth Carolina; C. NcGivern, of -; John Glaize, of Virginia; Shepherd 31. Ashe, of Trnnespee; S.V. Sheate, of Georgia; JohIl W.Hiitlive, of
(;corgia; John Iz. Hoge, of -; Albert Cammack, of Louisiana; G . W.Canning. L. Pehon, of ___ , G. iM. Fogg, jr., of -; C. G. Blonnt,
n AIcCreery, of Virginia, TIenry J. IZelly, of Yirginia; I,. S. Scrnggs,
, W. E. i\'arncl Prewitt, of Georgia; Henry Pendletuii, of -.
. 13. Richards, jr., of Yirginia; ~l'illian~G . hllan, of Yirginia;
James F. Bowyer, of Virginia; J. S. fine*, of Sorth Carolina; 1'. B. Robinson, of MilI m i ~ i : ~W.
; B. Brockett, of Louisiana; Efcnrp L. Harper, of MisAssippi; J. It. Billups,
o f Illissiseippi; 11. TI'. Forbes, of Georgia; \V. C. Brown, of North Carolina; John
3r. lit\ncorn, of -*
, C . 31. Smith, of
; C. II. Snber, of South Carolina;
('arcy I,loyd, of il1al)aina; Samuel T. Neal, of Georgia; Young J. Andemon, of Georgia; It. $3. Pattercon, of -; J. D. Wade, of Texas; 11. T. Hodnctt, of --;
J.
B. Hill, of -; J. 13. Yloorr, of -; Joseph H. Holt, of Virginia; 1%.
Yr. TF'aller,
of Yirgi,nia; It. kI. l'hillips, of Virginia; I?. B. Hoge, of Virginia; Benton <J. Bro\\Tn,
of Virglilia; Charles Floyd, of Virginia; F:. Powell, of Louisiana; T. J. Bell, of
South Caroliaa; Lovick 1'. Thomas, of Georgia; Adolphe I.emee, of Louri~iana;Sanlurl
Stevens, of VirgiIIia; fIer1ry ,I.
Meetze, of South Carolina; Kc4mn W. Crisler, of
Virginia; James G. Paxton, of -; W.D. Peck, of South Carolina; Thornas MarFllall, of
;1
'
. S. Patton, of _ _ ; Ervin Baines, of Mississippi; A. .T. A l l t ~ ~ v o r t h , of
; Cvrus IV. Grandy, of Sorth Carolina; Samuel I,. Lewis, of Virginia;
(%ailes I). llill, of North Carolina; Fred. Ingate, of Tennessee; Josephus Guthrle, ot (;corgia; Daniel Crawford, of South Carolina; Andrew Dnnn, of Georgia;

w.

__I

I
_
-

( ' I-VOL

~-o&---~~

JOURNAL O P THE

626

[Dee. 24, 1861.

E. C. Jordan, of Arkansas; E. A. Banks, of -, 1%.C. Tyler, of Tennessee; J. 3.

Carson, of Tennessee; J. L. Lea, of Tennessee; Rice W. Payne, of Virginia; William
Jameson, of Arkansas; C. W. Wallace, of Virginia; W.S. Hannah, of Virginia; 31. P.
Funkhouser, of Virginia; Peter C. Cox, of Virginia; IVilliam 3. Smith, of Virginia; Alexander Baker, of-Virginia; B. S. Thompson, of Virginia; P. 11. Woodward,
of Virginia; J. L. West, of Louisiana; R. S. Harris, of Sorth Carolina; E. S. Worthington, of Kentucky; W. H. Brannon, of Tennessee; 0. I?. Rrenster, of Tennessee;
James H. Grump, of Arkansas; E. F. Cheatham, of Tennessee; 1)aniel Richardson,
of Texas; Thomas B. Lee, of South Carolina; W.31. Jayne, ok filississippi; James R.
Kidd, of Mississippi; John Page, of \'irginia; ,lames H. Baaghan, of Virginia; John
Farrell, of North Carolina; W. D. I-Iardeman, ot Louisiana; W. A. Barbour, of
Mississippi; E. A. Wilcox, of Georgia; John F. Dir inc, ot Sorth Carolina; Ed. G .
Bradley, of Alabama; E. J. Guilford, of Tennessee; 13. Seanlan, of 3lississippi; G. S.
Thompson, of North Carolina; A. V. Saunders? of Korth Carolina; Charles S. Carrington, of ; James 11. Crunip, oi T'irginia; 11. 31. Uavtmport, ol Georgia;
James T. Stewart, of Georgia; R. 1., Cliri4an. o l Vitgiriia, James A. AIcClung, of
Virginia; John J. BurkC, of Viiginia, 1~r'tc.lGil)l)oii-, (JE I,onlki,ma, Robert P. Nolan,
of Arlianbas; Edward Mallory, of A i l ~ d i i s ~Jolrn
i ~ , \Vebb, of Aikanxts; George Scott,
of Louisiana; John G. Benton, o f Lonisiwna; JVilliaiii TI fhr-son, o f Korth Carolina;
P. A. Briscoe, of -; P a u l 1. IJai!gdon, of -,
J a i i i e ~T
William Hone, of Georgia; John 1,ir ing"ion, of r,oiii4nia, Wi

HCC;

h3. I,. Ogden, o l

ippi; Janncs I,. Cla

I)CC

24 1801 1

627

PROVISIONAL CONGRESS.

\\-illiam Carrere, Of ~ i a r y l a n d ;1:ranklin Sk>a\$*,

of Louisiana; James
s p i l l , 01 Sort11 Carolina; dallier Johnson, of Tenneqsee; IIeiiry L. JLartitl, of TenIleiFee; <Tame<L. ffer mi. of Tennrssre.
of \ Jar3 lxlltl,

The c.oiiimuriii.iLtioii

IC its

referred to the Committee on Military

hff
air..

Jlr. ITale, from the Committee on Militarj- Affairs, to whom was

refcrrcd the coriirilunications of the Yreridcnt making nominations of
offiwr. in the Army of the Confederate States, reported hack the same,
jl-itli the rccommcndatjon that Congress tidvise and consent to the same.
Sly. 11cKac of .21a1)~niamoved t o postpone the confirmation of W.
S. M. 13c:ill 215 cciphiii; which was agreed to.
3jr. Waul n i o ~
cd to postpone the confirmation of [M. M.1 Kiruxnel, of
thr Statc of Alisiouri; which wa:, agreed to.
Mr. (Ilarli- inovcd that the cmfirmation o [J. S.] illarmaduke be
p0;9)0ned.
I hc motion prevailed; :md
On i r i o t j o n of M r . fIalc,
The 1danc.e \\ ('IY~ confirmed, Congrew advising xnd c.onsenting to the
same.
hlr. Hale, from Committee on SIilitaiy Affairs, to whom was referred
the noiiiinations of Edward Jolinson, of Kentucky, and R. 13. Colston,
of Yirginia, as hrigadier-general3 i n the h'11iJ.' of the Confederate
States. reported hack the same, with the recoininenclation that Congress
advice and coiisen t to their confirmation.
The report! was (*oncurredi n and the nominations confirmed.
J l r . Hale. from same committee, reported back sundry nominations
i n the ltegular hrnij-.
Mr. Waul mored to postpone the consideration of the sanie; which
motion did riot prcvail.
Air.
m o d to postpone the nornination of B. K. Garland a5
captain of infantry; which was agreed to, and
Tlie w r n a i n c l t ~ r12 ere cwrifirined.
Mr. Halc, from same conimitter, reported back a list of appointiiients in tlie llcgular A r m y o the Confederate Statcs and recommended
their cwnfirui.A tion.
Mr. \\'nut inoved that the consideration of the ~ 1 1 6 he
:
poshtponed.
and, at the instance of the State of Texas, demanded the yeas and nays
thereon.
The deinxntl \\-as s u h i n c d and the yeas and nays ordcrc.d,
[Yeas .
.
.._
1
J Nags
...
.
9
. .
\\-it11 the f o l l o ~ i n grcwilt: 1 Divided
... . _ ._
_ _ _ _ _- _
I _.
[ Kot voting -~ _ _ ._
__ __ --__- - 2
Yeas: Jicssrs. l'crliins and Conrad of Louisiana, Mr. Orr o f Missiwippi, Mr. Cooke of Missouri, Mr. Puryear of Pu'orth Carolina, Mr.
Waul of Texas, and Mr. Bocock of Virginia.
S : L ~3lessrs.
<:
Hale and 3lcZtan of Alabanla, Messrs. Johnson, Garland. and JTatkinS of Arkansas, i\lesbrs, ITarris, Bradford, IIarrison,
and C:tnip?>cllof il/ississjppi, A/I rq. Clark and Conrom of Misiouri.
hfessrs. House aqcl De \Titt of Tennessee, il/Iessrs. Hemphill :Wl
Ochiltree of Texas, JIessrs. J3rocl~riit)rougliand Rursell of Virginia,
Mr. Venable of Kortli Carolina, and 11.11.. Hoyce of South Carolina.
So the motion to postpone the nolninations did'not prevail and, on
motion,
~

-.- _ _

628
.

JOURNAL O F THE

[Uec. 30, 1861.

T h e nominations were confirmed.

Mr. Monroe, from Committee on Military Affsirs, to whom was
referred sundry nominations of officers, reported and reconmended
the confirmation of all except Lieut. Col. Beuben R. ROSS,of Kentucky; which mas agreed to, and the nominations were confirmed.
Mr. Hale, from same corninittee, reported back ~ 1 .list of nomiiistioris in (Jommissery and Quartermasters Departments.
On motion, the consideration of thc nomination of Alpbeus F.
Haymond as captain in the Commissai*y Department, and J. 1. Barker as captain in the Quartermasters Ilepartment WRS postpond.
The balance of the list were confirmed.
Mr. Hale, froni same committee, reported back a li:,t of noiriinahris
of chaplains for the Army o f thc Confcdcrate States, i I d rcconimending the confirnmtioii o f thc stline.
The report wit adopted, (ongr
idvising :uid iwtiwiiting to the
nominations.
Mr. Hale, froin mrie corninittcc, to which I i ; d bccn ixfcrred .iuriclry
nominations of officer:, in the Corps of Artillery, reported hrk the
same and recoinnicndect their confirination.
On motion. the same were collfirmed.
Mr. Hale also reported back a list of quartermasters.
On motion, the confirniation of r. McMackin, of Nississippi, was
postponed; and
The reinwinder were confirmed.
Mr. I-iale, from tho Committee on Militiiry AfTnir:,, to which was
referred :L coniniunicntion of the Yrcsideiit, nominating brigadicrgeneralx, ctc., in the Provision:tl Ar1113 of the Confcderato States,
reported thc m r i o k ) i ~ ( b k a n d recornrncrictcd the coniirmation of the
same.
c iioiiiiti:~tioiiswntirnied.
The report W:L\ :doptctl :ir
011 w1s C ~ l O h ~ C l .
On motion, thc csccwtivc.

c.

wir ~ t r \ i - ~ r iiu~--mwfn-.
w
~ ~

:%o,
l iw.
~ :

inet piirhiia~itto adjourrnrierit,, the Vic,c-lrt.sidciit I)cing in

the chair.
Rncl tlie roll having becn cdlcd, tlio following Stxtcs WCIY found to
bc? rc?pr(?sen
tcd, respective ly to wit:
Al:il)an-ra, Arl~~nsas,
Georgia, I<cnt,ucky, Loiiisiam, Mi.ssissil)pi,
&Iiswiii-i,Horit 11 Carolina, k x n s , nml Virginix.
h1r. hlouroc iLniiounced tlie prcscnw o f Mr. ?John ,I. l l i o n i a ~ ; r i d
MI. lli(~otior(~
J,. 1311rnett, I l c l ~ g ~ t ~ \ - cfro111
l ( ~ . t h ShtC
~
of I<(>ntii(*l<y,
who ctiiiie foi-\v:ird, p~~crcntecl
thtiir cr(~dc~nti:iIs,
wcrc duly qualified,
and took thcir Scitts.
Congresq tlieri rc~oli-cditwlf into w v i ~ wsisioii.
~t

SK(lLK1 H E s s I o Y .

Congress be:ng iii s(%cr(

Mr. Hale offered

A resolution instructing the Committcc on Military Affairs to inquire
into and report what legislation is riecdetl to enahle sick :ind disabled
r;oldiers t o p r o ~ i i r espeedy dischnrgcq mid ft irloughs;
which was read and agrccd to.

Dee 31, l%l I

PROVISIOXAL CONGRESS.

629

Nr. W d presented the petition of William Steele; which was

referred to the Committee on the Judiciary, withont being read.
Ah. Bocock introduced
A bill to establish 3 post route from Hicksford to Lamrencevillp, in
Virginia;
which T ~ L Sread first a i d second times; and
On inotion of MY.Ocliiltree, referred to the Committee 011 Postal
Aftair..
EXECUTIYE
DEPARTMENT,
Ricliinoiid, Dwcmbrr SO, 1%1.
1Ir. P r c c i d ? r / / Ihe Irt~~idrrit
on lncsday, the 24th of December, iiistant, appro\
and Gigned
act t o tiiitliori~c.tllc. IrcGclrvit to cawe to ht. r-onstructetla ccsrtain 11111)11)~ of
gnnt,ottt c
ROBRltP JOSSELYN,
Irivnk Svcrclnry.

Mr. Ochiltwe presented joint resolutions of the legislature of Texas;

mhicxh wero read and referred to the Committee on Commerce.
The Chair presented a cominunication from the Yresident, trmsmittiiig t o Congresr the official report of the battle of Dranesville;
mhich was read and, on motion of Mr. Waul, was ordered to be
puhlished.
RLr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled
Ail act relating to the custody of the returns and certificate3 of the
votc5! of t he electors for President and Vice-President;
An act to provide for a corps of engineers for the Provisional Armj7;
An act t o xiiiend an act to authorize the President to confer tmiporary rank andcommand for service with volunteer troopr on officers
of the (:onfederate Army, approved May 21, 1861;
An act to provide for the payment of certairi Indian troops: and
An act t o organize the Territory of Arizona.
The Chair presented a coiiimunication from the President, transmitting cettain estimate3 from the Secretary of the Treasury; which were
read and referred to thc Committee on Finance.
Xr. Hal-rison, from the Comrriittee on Printing, reported and recommended the passage of
bill to make additional apptsopriations to defray the expenses of
the public printing;
which ~ v a bread first and second times. engrossed, wad third time, and
passed.
On motion of Xr. Uocock,
Congress the11 adjouriied until 12 oclock IN. tomorrow.

OPKX SESSION.

Congress met pnrsuant to adjournlnpnt? and TT:L:, opened with prayer

by the Rev. Dr. H o p .
Congress then resolved itself into secret session.

SECRET SESSION.

Congress being in secret session,

Mr. Orr, from the Cornmittre on Engrossment, reported as correctly engrossed and eiirolled
A n act to makc additional appropi-iations t o defray the expense of
the public printing.
MY. Harris of Missouri introduced
A hill to proviclc for i~iising.in tlic State of Alisboiiri, :Lddition:il
troops f o r the Provisional Army of the Confcdtw~teShtes;
which was wad first wid secoiid tiiiics.
Mr. \V:iul i i i o v ~ dto w f c r thc S ~ L I L I P to tlic Coiiiiriittw on Jlilitary
Affairs;
And MY.Clark, at the inhtuiicc of ttic Stdc of Mihbouri, deiiixnded
that t h e yeah and n a p of thc! \t Iiolr I)ody bo rcwxded thereon; wIii(~h
are as follows, to wit:
Ala,bama-Yc:t:
Mr. IIaIc.
Arkansaa-Naj : 311..Thoiiiiuon.
Georgia-Y ea : M y . Stephclib.
Kentucky-Yeti: Messrs. Moiiror , Thviictt, and Ihonms.
Louisiana--Ye:i: Mr. Pcrkins.
Mississippi--Yea: Messrs. IIarris, On., 12radford, lkwry, Rurrisoii,
and Campbell.
Missouri-Ycii: Mr. IIarrih. X r ~ :y Mcssrs. C h k , Conrow, Vest,
and Freeuiun.
Texas-Yea: Mcssrs. Wigfdl, Iteagatr, Waul, Oldham, : ~ n dOchil-

C h ~ g r c ~ljciug
ss
iir

d coiiimtuiicatioii
:It( Stxtc-:: whic4i is

the 1rct.sidcnt of the ConfederIticiislox;n, .7Seceinher 81, 18tiJ.

Ite (,biifrtlwaie Sttrlrs:

J. 31. Cciitrc~,jr., was nominated and by your hoiiorable

ant coniinissary, with the rank of mptain. Itnovv appears
enter, jr., instead of as above. I accordingly nominate
, as xi assistant commissary, with thc rank of captain.
JEFFERSON DAVIS.

The following coinninnicatioii was d s o ixxeived froin the President:

RICIINOXI),
December 31, 186i.
of tile Confeedcrate 8fatzs:
Ain(mg t h e noniinatinns sent to Congress on t,lie 2Yd ol December was that of
Alpheus 17. LIanimond, of Virginia, :is assistant commissary, with the rank of captain.
I desire to withdraw t h e said noinination and wbniit in place thereof the name of
dlpheiis 1. IIagiiiond, of %,kginia.
JEFFERSON DAVIS.

Vhe following coiuniunication ~ v a sreceived from the President:

EXECUTIVE
DEPARTXEWT,
Richmond, December 51, 1861.
hUlLOTcLb/e ~IeSideilt0-f the &lL$!WSS.
lb
SIX:I herewith transmit to the Congress the nomination of James I). Bulloch, of
Georgia, to t ~cominandcr
:
in the Confederate States S a v y during the war, as reconillmidecl by the Secretary of the Savy.
JEFFERSON DAVIS.

Sir. Hale. froiii Committee on Military Affairs, reported back the

follojyiiig lioniinations of officers in Tennes:jce regirnent,s and recommended t,hcil.-coiifii.i~ation:

Colo.r1el.

Peter Turney. of Tennessee, to take rank April 27, 1861.

LieaLlenn~zt-colo~iel.
Jaiiirn H. IIoIii~ui.01 Teriiiessoe, to titkc.rank Api-il 27, 1801.
Jlll,//l8.

Daiiiel W. Holnian, of Tennessee, to take rank April 27, 1861.

632

[Dec. 31, 1861.

JOUBNAL O P THX
SECOND TEXXESSEE REGI3IEKT, PROTISIOSAL ARhlY.

Colonel.

TVilliam B. Rate, of Tennessee, to take rank April 2i, 1861.

T,ieutenu)il-coZoneZ.

David L. C+oodall,of Tennesser, to take rank April 27, 1861.

Mu joy.
TVilliam It. Doak, of Triinesser, to take rank April 27, 186I .
PHIKI) TEYNESRBW

RlXiIMESY, IltOVISIO\
(:01017

\ I , AA\fY.

cl.

Jolin C . \Taugbn,of T t ~ i i c ~ s rto

e , Lt~l\erank hIay 3, I S6l.
Li~uteiici~il-coTonel.

John J. Reeae,

Tcniicwsee, to take rank May 3 , 1861.

or.

George TV. Morgan, of Tennessee, to take rank May 3, 1861.

The report was adopted, and thc nornirtations respectively confiriiic~rl.

On motion of Mr. Ochiltreo of Texas,
The nomination of Alpheus l?. Hayinorid, of Virginia, and J . > I .
Sent,er, jr., of Teiincssec, as assistant cornmissarics, with the raill; o f
captain, was confirmcd.
Mr. I-Pale, from the Coriirnittcc on Milittlrj h f airs,
f
to whom \\:is
referrctcl ti aouimunic:~tionof the Prcaident, noiriiriatiiig snndry oEww
for the htljut;iiit~-(;ciicrnlsI>cp:wtmciit, ~ c y o ~ t cthe
d sanie hack : t i i d
reconiiiirtidctf thcir confinustioil.
Mr. LTarris moved that the con,iitlt:rnt ion of the noiiiin:Ll,iottof Ckxirlcs
1. Eontajnc, of hiiysis~ipl)i,:is caplrtiii be postponed.
The motion prcvtiilcil.
The ba1mc.e of the i.epoi*twtic: c ~ o ~ i r ~ i r ~i irt c, ditrid tlzc nominations
rcs actively confirmed.
Coiigress
P
then procccdetl to thct consiclcli.irtiuii of thc treaty with the
Comanchc tribe of Indiaiis.
Mr. I3arris movcd to arnciitl ArLi(0lo XIII, in the last, p r w r a p h ,
vherc occur the worcls Init this :ii*tic.lct w a t t s no obligation to $diver
iip Mexic:ui* who may be pi*isoncr*h,as f011ows:
First. Strilit. out :dl after tlic word up ~ i i dinsert ill lieu thereof tlie following
words: otlwr prisoriclrs tiitiii inha1)it;tnts of the Confederate States or Territories
thereof.
Seconcl. Strila. 0111 a11 of Rrtic
Third. Rtrilct? out :dl of Artirl
rI I

which niotioii w s :igiwd to.

Mr. .Johiisoit o f Aik:itis:is otfcwtl tliti following i * t d i i t j o n of r*xtiiic.iLtion:
ollgr(~3of 1he Conietlion of tlie article5 of i i
fctlcratt. Statcs to tht:
\, in betulf of tlu, (hiifcdernte Stattls, of the oiie p:irt,
and the No-co-ni, Tn-ne-i-\v.cxti, Co-clio-till-ca, :itid \-a-p;i-rili-ca.ltuiitls of the KC-IIIII
or Conlnuc2ies of the Prairies ant1 Staked Ikiin, by tlwi I chirfs and headiiien, who
signed the ~ m i articles,
e
of tlie otlier part; cw~iclutieclat the Wichita Agency, I ~ C R T
the False Wiiahita Rivcr, in tlic coiiiitry It,nscd f i 0 1 1 1 tlw Clioctabt 8 and Chirlrassvs,

Resolved (tuv-tliirds o j tlw

(hi

PROVISXONAL CONGRESS.

1>1c 31, Ill(1.1

t l i c , Iirelftli (la). of -iugust,

111 the year of our LorcZ otle thousand eight hclndwd

-one, with the following amendments, to wit:
Fir-t. 111 the last paragraph of Article XI11 where occur the \\,ords but this
aiticlc Cr?at?5 no Obligatioll to deliVer up &xicans who ma be priso11eq strike
ont all aftcr the \ % u I t l up and inQert in lieu thereof the foTlo\vingwords: otller
pri.one1h than iiihithtaiit of the Confederate States or Territories thereof.
Srtoiid. Strike ont all of AI tide xx.
Third. Stiikc: out dll of f i r t i d e x?(vIl.

(111

>LIltl

111..Ochiltrcc, at thc imtance of the State of Texas, demanded the

yca5 :~nd11:tv: thcrcoll; which wcw ordered, and they are recorded as
itollows:
s. h l t L and &Rae of Ahbama, &lessps. .johnson,
d:iiid, and Watkins of Arkansas, Messrs. Monroe and
,Johnson of Kentucky, M r . Perkins of Louisimtt, Messrs. Harris, Orr,
]3wiy, I h r r i m i , and Campbell of i\/lississippi, Xessrs. Harris and
Coitivw of hIi>souri, Messrs. Smith, Vensble, Iuryear, xiid Davidson
of Sort11 Carolina, Messrq. House, De Witt, Currin, and Caruthers of
Twinewx, X ~ S S fteagm,
~S.
Hemphill, Waul, and Oldham of Texas,
arid Xessrs. Prebton, I3ococB, Itussell, and Johnston of Virginia.

Say: 111..Ochiltree of Texas.

So thc treaty was ratified.
MY.,I ohn.;oti offered the following resolution of ratification of the
treaty with the 1ieser.i-c Indians:

Uce Coiyress co~icurrzng),That the Congress of the Confedof ilinerica do adlise and consent to the ratification of the articles of
n inatlc by Allmt Pike, commiwioner ot the Confederate States to the
Jiidiaii iintioiib webt of Arkan , in I)chalf o f the Confederate States, of the one part,
and tlir Pen-cx-tegh-ta band
Ye-uiri or Conianchei., and the tribes and bands of
the W t h i b s , Cado-Ia-da-c.huh,IIue-cos, Ta-hau-ca-ros, A-na-dagh-cos, Ton-ca-wes,
lii-o-iiaib, Ki-chi., P!i;t\\ i i e r b , and Delav,arecj, residing in the country leased froin
tlirl Choctnir R mid Chit.l\aia\\s, each by its chiefs anti headmen, who signed the said
article., of the other part, cor1cluded at the Wichita -lgency, near the False Washita
I t i ~ r r in
, the b a i d lcasccl country, on the twelfth da? ol August, in the year of our
I,ortl one thouhdntl eight liuiitlred ancl sixty-one. A i d that the Congress also
ndi iqes and coii~entsto the ratifit atiori of the supplementary article of the same
con\ ention, made and coiicludecl at the same time and place, by the said commisbioiicr in behalf of the Confederate States with the Ta-wa-i-hash or Wichita band of
htlians, \\i ith the amendments adopted, t o \I it:
First. Strike oiit all o f Srticle S 1 X .
Second. Strike out all of Article XXIP.
f ~ ~ o - t hdsi i oj

which \\-as passed unaniniouslj-.

On motion of SIr. Om,
The executive session w ~ clissolvccl
s
until 7 oclock p. m.

OCLOCK P. 111.

ded to t h e consideration of the treaty with the

aiaw nations of Indians.
Sundry ariiendments of the Committee on Territories were agreed to.
Whereupon,
Mr. Johnson of Srkansas oflercd the following resolution of ratification :
Resolved (two-therds of the Congress concurring), That the Congress of the Confederate States of Amcrica do adyise and consent to the ratification of the articles of a
treifty made by Albert Pike, commissioner of t h e Confederate States to the Inillan
iiatiorls west of A%rl;aiisas,in behalf of the Confederate States, of the one par!, and
by t h e Choctaw aiid Chickasaw iiatioiis of Indians, by thelr respective cotnrn1saoners
thereunto appointed and elect&, of the other part; concluded at t h e North Fork
Village, 011 the Kor-11 Fork of the Caiiadian River, in the Creek Nation, on t h twelftll

634

JOURNAL OF THE

[Dee. 31,1861.

day of July, i n t h e year of our Lord one thousand eight hiindred and sixty-one, with
the following amendments.
I. Strike out from Article X Y V I I the words t o the same rights and pri\ilegr.:
as may he enjoyed by Delegates froin any Territory of the Confederate States itnil
insert in lie11 tlir.reof the following wordy: to a seat in the Hall of the House ot
Representatives to propoqe and introtlticr measures for the benefit of said nations,
and to be hea d i n regard thereto, and on other question5 i n which either of said
nations is particularly interested, with such other rightq and privileges as maj be
determined by t h e House of Representatives
11. Strike out froin Article XSVIII the following words: t h e whole Choctaw
and Chickasaw country, as above drfinetl, shall be received and admitted into the,
Confederacy as one of the Confederate State,, on equal terms i n all reqpects v lth tlic
original States, without regard to population, aud and invert in lieu thereof the following words: the application ot tlit. said iiatioiis to be admitted a2 a State into
, \I ith the original Sthtw, shall
the Confederacy, on equal terriis, i n ill
referred to and (.onsidered by the Corlgr
Confederxte States, by \z I i u x ac*L
i d I\ hoke coilsent it is
alone, under the Constitution, iicw State
guaiantee in advance,
not in t h e power of thr. lresicleiit 01 the
hoctaw and Chickasaw
and, if t h e Congrcsr shall dwkiit t [I( 11
) ndtiiittcd, m d in t a w
country, as above her&i ~ l ~ ~ ~ i 4n1 ,w~ ll li,
of such adiriisdoii.
111. Strike out fioni Biticlc S L I I 1 tlic iollowirio, x-ordt?. o r oi any one of tho
Statesand add at the end of this article the followinn word.: mid tlie Coufcxleratc
States will rcquezt thq s e r e r d Stater of thc Confedc1rac.y to adopt and cnact the provisions of this article i n respect to buiti autl proceedinqs in their several courts.
IV. Strike out from Article XI,W the following words: or in :L State court
aiid insert in lien t h r e o f tho folloiring words: or in B State court, subject to t h e
laws of the State.
V. Strike out froin the fourth paragraph of krticlc l > V I l , in the phrase t \ ~ o
hundred and ten thousiuid dollars, the word ten aiid inwrt in lieu thereof the
word two.
~

(1

r \

1 hc micndinonts were agreed to; and

lha resolution of i.:itiiict~tionadoptccl unaiiiinorislg.
MI.. .Johnson of ilr.Itaiisns, from Cotmnittw o n 1ridi:m Affairs, moved
the consiclctx(ior1of the treaty with tho Crccli N:itioii o f Itidisns; whicli
was ttgrcctl to.
Tlic twenty-eighth, thirticlli, and fortieth tLrticlcs o f tlie treaty havino. bccii imciided,
h r . Jolinson [of A r l i t ~ i i h a h ]o l l t ~ i ~ ~t thf following i*cksoliitionin ratification of tlic said trcat,y:
~ 8 ~ J l I ~ t ~mr li~t t; thc
) 7 ~collg
l),
h Y O / / Cd ( 1 CUO-lkLiTdS Of t/U (07
States of Ariicrica do atlvise a1
i i x i i i t to die r:ttilication of
incli?clingtlie wcrilt article m i (
H r i I ) l l ~ . n i c , i i t ; i rartirle,
~
iiiacle bv Albert Pike, comniiRsioiicr of tlic ( o i i i ( d i m t c Skttw to t I i v ~ i i t ~ i ,nations
ui
\vest of krkansaq, in behalf
of tlic ( o n i t ~ t l c ~ i iStiLlw,
tc
of tlicl on( pait. anti the (reek Kation of Indians, by its
cliit4x, luwlrncii, anil warriors, in gciici it1 c.ounci1 asueuibletl, of t h e other part; concbhrdetiat tlio North Fork VtlI:igc>, on tlic North Fork of tlie Canadian River, in the
Crcek Kation, oil tlic tcanth day of ,Jiily, in tlie year of our 1,orii one thousand eight
htiiicl1ctl and slut) -oiw, with tliv following :tiiic*ntlrnetits.
1. Strilw o i 1 1 froiii di tic.lo S S V l I l tlic following ~ o i c l h or
.
in a State coiirt and
insoit i n licri t I i ( . t v o f t I i ( * tollo\~iiig\ l o i i l h or in aSti~tcycoiirt, subject t v the laws of
the Stnte.
II. Add at the Vlld (
SSS t h c . following words: ttnd tlie Confederate
to ntlopt :met enact tlie proin their rcsprctike cvmitu.
t h r same rights aiid pririlegen XR may bc ctijoye~
.y of the Confederate States
in the said ilonbcof Itepr(sci1tatircs and insert i n I i t w thcwof the following words.
a witt iii tho Hall of ttic I I o i i ~ co ~f lleprcsctitativc,s, to propuse and iiitroiluco Ineayures for the bciieiit of said natioii-, niid to be hcartl in regard thereto, and on other
qiimtionx in which either of said nationR is pa1 ticularly interested, with such other
rights :md privileges as iiiay Iw d ( ~ t ciniucd
t
1)y the I I I N Yof~ Itepresentativcq.

, rhe iwolutioii i~iidarueiidincnts were iniariitnonsly agreed to.

Jan. 2 , 1hC2.1

PROVISIONAL CONGRESS.

635

Mr. ,I u11nvx1of .hkansas rtyorted treaty witli the Quapan. tribe of

Indian ).
Congress psoceeckd to tlic consideration of the same; and
111~ t n m t y - w w n t h article of said treaty ha\rillg been amended,
\1r. ,Johnwii [of Arkanhas] offeredtlic lollo\ving resolution of lxtiiicati 011 :
o h d (tzcwtliirrl\ of tltr Cotagress concurring), That the Congress of theconfederate
of America d o atlviqe 2nd consent to the ratification of the articles of a conwiitioii 111ade hy Albcsrt Pike, tonirllissioner of the Confederate States to tlie Indian
ll%tl(Jiiiweht of Arkansw, o f the one part, and the Quapaw tribe of Indians, by its
c!iii.ts and ~ ~ i r r i o rT\s ho
, 6iwied the mine articles, of the other part; concluded at
Park I 1111, in t h e ChrroBee %ation, on the fourth day of October, in the year of our
i,ol tl oiic thou*antl eight hundred a i d sixty-one, with the following amendment.
4tiilie oiit froill Article XXVI1 the folloning words: o r in a State court and
ii thereoi the followino TI ordq I or in a State court, subjert to the laws of
b

On

niotiori of 111. rJohnsw,

llw cxcv.rtti VP \ p s i o i l was clissolved.

011CX SESRIOS.

Coiigress inet pmsuunt to ~djoiilnniwit.and was opened with prayer

by tlic Kev. Dr. Hoge.
Nr. Jfonroc aiiiioiinced the presence of Ditiiiel 1. White, a Delegateoltlct from thc Sittitc of Kentncky, who came forward, was qualified,
and took his seut.
(kmgress t h ~ nrcsol ved itself in to secret session.

Congress being in secrct session.

311.. Harris of Mississippi, hy unaniniour consent, moved to reconsider thc vote by which
A bill to repeal an act to establish x court of adrnirxlty ~ i i dmaritiiiic jurisdiction at Key West, in the State of Florida.
W R \passcd.
~
The motion vas agreed to.
Mi-. Campbcll, from the Cominittre on Territories, by unanimous
cori~cmt,inoved to reconsiclrr tlie vote 011 the passage of
A bill t o organize the Territory of Srizoria.
The motion was agreod to.
M r . Campbell then iiioved to reconsidor the vote by which the Congress ordered the said bill to be engrosacd for a third reading.
Ilie motion was agreed to.
And, on motion of Air. Campbell, the said bill was recommitted to
3

Mr. &Rae, froiri the Committee on Engrossment, reported as correctly engrossed m d enrolled
An act to establish a inail route from flicksford to Lawrencedle,
in Virginia.
311,. cJohnso~l
of Arkansas, from the Cornmittre o n Indian Affairs,
reported and recommended the paqsage of

636

[Jtzn. 2, 1862.

JOURNAL O P THE

A bill to reward the loyalty of a Seminole chief;

which was read first and second times, engrossed, rend third time, and
passed.
Mr. Orr introduced
A bill supplementary to an act to organize thc force of the Yrovisional Army of the Confederate States;
which was read first and second timcs and rcferrrd tu thc Cotnmiltet:
on Military Affairs.
Mr. Tyler presented the petition of William J. Bishop; which mas
referred to the Committee on Military Affairs. without being rend.
Also, a conimunic;Ltion on tho flag of the Confederacy; which was
referred t o the Couiinittcu o n tho Flag :md Se:d of tho Confedcracy.
Mr. Ochiltrec presented tlic pctition of Geoi-ge P:irk)rougli; wliich
WRS referred to tho Comniittw on tlic ,Jndickry, without being rc:id.
Mr. IIale, from the Corntnittcc o n Military Aff:iirs, t o whom was
referred
A bill to arncricl an act to raiw t ~ i itult1ition:il force to wrvc (luring
the war,
reported the same back and reconitnendcd its p:w~age.
Mr. Waul niovrd that tho bill he printecl.
MY.O r r moved to nmcnd the motion of blr. Waul by adcling that
the bill introduced by him br also printed.
rho amendment was agreed to.
Mr. Oldharn offcrcd as R substitutc for tlic bill thr following, to wit:
And, on motion of 311..Moilroc, :dl snhtitntcs :tnd : u n r n c I n w t l t ~t o
the bill \VCI*O ordcrcd l o I)(> priritctl.
MT.AesitlPrd: Ilw lrmi(l(>irt,OII Incxitiy, t lie 3lst I)cwinl)c~r,iiltiiiro, :tppru\wi
and sigrictl
1111act rclating 10 thr cuutody of 11i(. rctiirnu :11it1 (
ilicatc..c of tlic otw ol tlic
elcctors for Prcbidcnt :tiid Viw-Irwidrii .
An act to provitlc for :i corps of (I
for tlri. 1rovisioii.tl .irniy;
All :tct to ;\ll~cnd
:1i1 act to :rrltllol
lrwi~loiit t o cwiitcxr trnrporary rank and
cornrnand for wrvicc w i t h \~oliir~tci~
troops O N o1licvr.i 01 1 1 1 ( ~ (onfcclcrtttc Army,
q)provcd May 21, 1861;
An act to providc for the payiiirnt oi rtitiii liicliaii tI(J(lpS; mid
h i nct to make additioixil nppropr
o w to tloirtiy tlie c.speiistxs of tlic public
printing.

noi~i~irr
.rossmYN,

IS-icule Acretuiy.

MI.. Orr, fi-0111 the Clomniit 0 1 1 Ic:ng~osSI-rrc~llt,

1~ltecl
R S correctly
engrossctl a I l d c~nrollcd
A n i L c L to reward the 1oy:dty of tlic principal chief of the Seminole
NILt3ic ) 11.
Iresidcnf litis thiH (Liy :~~)l)rovucl
tind signcd
rout(, from IIic*kslortlto La\vrc.iic~eville,in Virgiiiiw.
Roll E n T JOSSlSI,Y:N,
I+;( nfe ,sw,olm /.

it iii;iiI

fhc Chair presented :I communication transmitting to Congwsi certain estimates of thc Secret:irg of the ircasurj ; which were referred
to the Committee 011 Ipiiiaiicc, without) being. rcatl.
On motion of Mi-. Vcimblr,
Congress then adjouriicd until 12 ocloc.li in. to-niorrow.
-

-~~-

---

a The proposed substitiitc iil

not, rtwwtlcvl

iii

the J o n m s l .

_._

PROVISIONAL CONGRESS.

'I'IIIR'J'P-FOURTH DAY-FRIDAY,

637

r J ~ ? ; 3,~ 1862.
~ ~ t ~

OPEY SESSIOS.

(jongrehs met pirsuuant to acljournrncnt, and was opened with prayer

the Kev. Dr. Hoge.

Congres.; then resolved itself into secret session.

by

8 E G B E T SE8SION.

Congre+\ king in necret session,

MI-. ,Johnbon of Arkarms moved to reconsider the vote on the

P'l"s"g't of
A hill to i.c:wartl tlhc lovaltv of a Seminole chief.
I lie motion wtt5 agreed to.011motion of MI'.
Hale, the injunction of secrecy \va$ relnoved
r ,

fro111

resolution to authorize the President to send an agent to certain

Indjiin tribcs; and
An wt f o r the protection of certain Indian trihes.

MI. Perhiris introduced

A hill to a t a bl i sh a post route in the State of Louisiana;
which w'its read first and second times and referred to the Committee
on Portal Affairs.
Xr. Vest offered the following resolution; which mas read and
agreed to, t o xvit:
Rewlietl, That the PrePident he requested to canw the Secretary of War to transmit to Congress all t h e inforniatioii, Incliiding correspondence, nithin his possession
or control, i n regard to the cawe of thc troops under the coiixiiand of Brigadier( h i e r a 1 Ben \IcCnlloc*li n o t having hithrrto cooperated, and not now cooperating
14 it11 the. for.c.t.i nrid(1r Gcmeral Sterling Pricc, in the State of Missouri; and also
whc,tlier any iinmc,tliatc - t ~ p arc
s contemplated bv said Department toward reentorcirip c)r enstaining the command of General Price in their advance upon the enemy.

111..Nacfarland off'ered the following resolution; whicli was read

and agreed to, tu wit:
d out of tlie contingeril fund
12caolirtl, Tlint the mi11 of seventy-file dollars 1)c
made b y them for Congress,
of the Congrew t o Gwen arid Ailen for the hookc
thc chargc ha\ ing been approved b y the Comniittee on Accounts.

Congress tlien proceeded to the consideration of the ,,pecial order of

the clay; which war
h bill to amend an a c t to rsisc additional inilitiLry force to serve
during the v a r .
And tlic first section of the same being under consideration; which
is as follows, to 1%it:
Sacrrov 1. The Covyreqs of tiir Coi@l(wite ,Stair, oj'Alniericn do pizcbct, That the second kectiorl of said act shall read as follonc. to \\it. That tlic: volunterrs 50 offering
thcir x i vicw inaj hc ac,cqitetl b? the Presidrnt in compmie>, to be organized by
hiin into qnadrons, battahunr, or iegimcnts. The President Yhnll appoint all field
and staff offitcrr; and i f any \ acancy 01 \Tacancies sliall occur among the said field
officcrk, i n t h p oftice of tolonel or lieutennat-colonel, the saiiic pllall be filled by proiiiotion of the field oflicers of the PqUadroJl, hnttnllon, or regixllcnt in which the same
has occurred, a d the vacancy or vacancirs cauecd thereby shall be filled by &election
by the President; and if any ~ a c n n c yitill ill occur in the ofice of major, the same
ection as aforecaid; but the company officers shall be elected by
the company, and, if accepted, the offificw-sq o elected shall be
cornmissiorled by the President; and in the event of any vacancy or vacancies occur-

638

JOURNAL O F THX

[.Tan. 4.6, 1862. *

ring among mid company officers, the same shall be filled by proiiiotion of the officers
of said company, and the vacancy or vacancies thercby caused shall be filled by election by the noncommissioned officers and privates of mid company.

Mr. Berry moved to amend the same hp inserting after the word
President the words singly or, and Rftrr the word into the
word companies.
The amendment was agreed to.
Mr. Orr moved to amend by striking out the words (all field and
staff oflicers and to insert the following words, to wit: 1)lit thc
field officers shall be elwtcd by t h e volunteers when organized into
battalions or regiments.
The Chair presented R corrirririniCRti0ir froin the lrehident, traiisinitting to Congrcss certain estimates of thc Sccrctary of JT\xr; which
wore read and rcfcfrcd to thc Coniiriittcc o n Finance.
Mr. Harris of &lississippi, f l j 7 ~iri:tiiiriioiisConsent, introduced
A hill inaliirig appropriations for ctrtniii floating clcfcn
which was read first :tnd sword tinics, and,
On motion of MI.. IIarris of Blishouri, was I i i : d c tlie hpecid order
for 1%
ni. to-morrow.
On motion of Mr. Garland,
Congress then adjourned iuntil 12 1x1. to-niorrow.

Jan. 7,1862 1

IEOVISIONAL CONGRESS.

639

yending which,
3lr. TTaul morcd that a vommittce of one from each State be
;Lppointed by the Chair to make suitable arrangeinents for the funeral
ohcquies of R1r. Hemphill.
The motion w i s agreed to.
A n d the Chair announced the following 2 ~ sthe committee:
Xebsrh. Curry of Alabama, Garland of Arkansas, Ward of Florida,
Kenan of Georgia, Conrad of Louisiana, Orr of Mississippi, Clark of
Jlissouri, \\'bite of Kentucky, Venable of North Carolina, Boyce of
South Carolina, Atkins of Tennessee, Waul of Texas, and Seddon of
Virginia.
The yirestion then rccurriiig upon the adoption of the resolutions of
Rlr. Ochiltree, and the hame harin been seconded hy Mrssrs. Johnson of Arkansaq, Vcnable of Nort 1 Carolina, Boyce of Sonth Carolina, arid Pryor of Virginia, the question way put, and the resolutions
unaniniou>lyvadopted.
TVhereupon.
The Chair declared the Congress adjourned until 12 oclock m.
to-morrow.

Congrws met pursuant to adjournment, Mr. Bococli being in the

chair.
CongrePs then resolwd itself into secret session.

Congress being in secret session, proceeded to the consideration of

the unfinished business; which m : ~the pending motion of 1Mr. Orr,
to amend t h e first sectlion of
A hill to amend an act to raiv? an additional force to serve dnring
the war;
And Mr. Orr having cdled the question, and the Same being SUYtained,
Mr. Bradford, a t thc instance o f thc State of Mississippi, denlatided
that the 7.cas and nays of the whole body hc recorded thereon: which
arc, as follows, to wit:
Alabama-Nay : Illessrs. Smith, Curry, Tale, arid McRae.
Arkansas- Yea: Nr. Thomason. Kay: SIr.Garland.
Kentucky-Yea: Mr. \Vhite. Kay: hfessrs. Monroe and Ford.
Nississippi-Yen: Messrs. Ow. &-adford. and Campbell. Kay:
JIessrs. Harris and Rnrrison.
RlissoUri -Yea: X w r s . Clark, Test, and I M l . Hay: Mr. Conrow.
North C:irolin:L--Ye~: hi r. Smith. Xay : Mr. Venablc.
South Carolina-Yea: MI,. I ? q w .
lexas -Yen: hfe5srb. \V~tiiIand OIdhain. Nnj,: Mr. Wigfall.
Virginia-ye>i: Messrs. Tyler, Pryor, and Mives. Nay : 1Clessrs.
Seddon, Bocock, and Notelcr.
issippi, ;\lis~oui*i,South Carolina, and Texas, 4.
Nay: Alabama and Kentucky, 2.

640

JOURNAL 03 TIi32

[.Jan. S, 1S62.

Divided: Arkansas, North Carolina, and Virginia, 3.

Not voting: Florida, Georgia, Louisiana, and Tcnneszcc, LL.
So the motion to nniend was not agreed to.
Mr. Bradford, at the instance of the State of Mississippi, inoved to
reconsider the vote just tdrcn.
A message was received froiii the Ircsiclent. by the hands of his
Private Secretary, Nlr. Jossel.yn.
On motion of Mr. Bradford,
Congress then adjourned until 12 0cloc.li 111. to-niorro\v.

IROVISIONAL CONGRESS.

Jan. 8, 1&2I

641

officei*sof the squadron. battalion, or regiment in which the S B I I I ~has

occurted, and the .\-acancy o r vacancies thereby caused, and by
inserting i n lieu thereof the word same.
,and by ituiking out, t h c words:
aid i f R I I ~\ a t a n ? > ~ l ~ i l@cmr
ll
in t h e officcl of major, the Fitme shall bc filled by
selec.tio11:IS alorG:F;titl.

l l r , Ch111p1~11
adled the qnestion; which T T ~ Sseconded, and
Mr. ircn:hlc, at the instance of the Stat,eof Korth Carolina, demanded
tliat the ~ e a q:rnd nays of t h e whole hody be recorded thereon; which
ate iLS f o l 1 0 ~
S, t o wit:
. I ~ z L ~ : ~ I I ~ > b4r.
I - ~ P&rrj-.
:~:
S a y : Nessrs. Hale and ;McRap.
Arkan\:t\ - Yea: 3 1 ~Thomason.
.
Nay : Mcssrs. Johnson arid Garland.
Kentucky- >-:a: Xr. Monroe. Say : hlessrs. T. L. Burnett,White,
and Ford.
Iloiiisinna-Y ctt: Nessrz. Perkins and Conrad.
Mi\-i--ippk Yea: A h . Campbell. Nay : Messrs. Harris, Orr, Bradford, t i r i d l h r i s o n .
Ni>wiiri--Tea: Sle
C1:zrlc alld collro\~.

, Vest, and Freeman.

Nay: Messrs.

Sorth Carolina--Say : hlessrs. Smith and Venable.

South Carolina--Kay : Mi*. I3oyce.
Texas--Yea: Xessrs. Waul and Oldham. S R ~Nr.
: Ochiltree.
Virg-inigi-Yea: Messrs. Seddon, Russell, and ,Johnston. Nay:
1s/les.r*. Tyler, Mncfarland, Pryor, Bocock, liives, a n d Boteler.
Yca: I , o u i h n a , Jliisonri, and rI%m%,
3.
Say : A I:~b:tnia, .lrkan,as, Kentucky. Mi
ippi, Korth Carolina,
South Carvlina, and Virginia, 7.
S o t Iotinq: Floridi, Georgia, and Tennessee, 3.
So blic aniendment was not agrerd to.
311.. Om niorcd to amend hy inserting after the word company
the words -cxccpt i n case of diqability or othcr ineompeteiicg,
N r , IIale tiiored to amend by adding the following proviso, l o wit:
P?o?1tl~,7,
Thzi t h c x prnvrsionq of t l r i i aft, o far aq they relate to the promotion of
cwiiipan\ of1ic.w-,q l i a l l not apply to the ronrlmnies now i n thv scrvicae nf the Confederate Stalts-, hiit such companies, rwpwti\c>lJ,I)ego\ernrd by the laus in force a t

tlie time they \\ ere iiiuctered in reterence to the filling of vacancies that have orlnay
ou iir in cornpany officers.

JIr. \VauI rnoved as a >iiI)~titutvfor the saiiie tlic following, to wit:

P)oz tdetl, That the pmvicionq of this section shall only apply to voliinteer forces
who may he hereafter mustered into the ser\7ice of t h p Confederate States.

And t h o vote having bcen taken thereon, the same was not agreed to.
The question then recurring npon the an~endlnentoffered hy Mr.
Hale, and the vote having been taken thereon, the same was not agreed
to.
MY.Harris of hlissouri moved to amend as follows, to wit:
A\Etcrafore<aid, on tenth line, and during the existence of the vacancy the
oflirer f i l l l ~ ~t hg e ciutlcs of the vacant officeshall be entitled to the payandallowanern
corresponding to the grade of the office.

The amendment W ~ not

S
agreed to.
All.. Harris of Mississippi moved to amend by striking out the words
and the Iacancy or vacancies caused thereby and insert except in
tho office of major.
C .J--VOL

1-04-41

[Jan. 9, 1862.

Iso, t o strike out the word appointment and insert the word
lection; which was agreed to.
to strike out the words said company and insert in lieu
the commissioned [officers] of a company, and by striking
words b b the vacancy or vacancies thereby caused and inserting
u thereof except that vacancies in the lowest rank of commissioned officers.
The amendment was agreed to.
B y inserting after the word b y the words a majority vote of.
The amendment was agreed to.
Also, to amend by adding at the end of the section the following
words: and at such elections thcrc shall be a t least thirty-five votcs
cast, and a majority voting shall be necessary to a choice.
And upon which he demanded that the yeas and nays of the whole
body be recorded; which are as follows, to wit:
Alabama-Nay: Messrs. Curry and Hale.
Arkansas-Nay : Messrs. Johnson and Garland.
Kentucky-Nay : Messrs. Monroe and T. L. Burnett.
Mississippi-Yea: Mr. 0 r r . Nay: Messrs. Bradford and Harrison.
Missouri-Yea: Messrs. Harris and Conrow. Nay: Mr. Vest.
North Carolina-Nay : Messrs. Smith and Venable.
South Carolina-Nay : Mr. Boyce.
Texas-Yea: Messrs. Oldham and Ochiltree. Nay : Messrs. Wigfall and Waul.
Virginia-Nay : Messrs. Seddon, Tyler, Bocock, and Rives.
Yea: Missouri, 1.
Nay: Alabama, Arkansas, Ihntucky, Mississippi, North Carolina,
South Carolina, and Virginia, 7.
Divided: Texas, 1.
Not voting: Florida, Georgia, Louisiana, and Tcnncssee, 4.
So the amcndnicnt was not agrecd to.
On motion of Mr. Pryor,
Congress then adjourned until 1%
oclock i n . to-inorrow.

THIKLY-NINTI l)RY-IH 17 1W)A Y, ,I A N U A K Y !1, 1662.

OIRN SICSSION.

Congress inct pursu:int to adjourrinicrit, t ~ n dwas opened with pmyer

by the Rev. Dr. IIoge.
Congress then resolved itsclf into sccret sewion.
SE(1Wr SESSION.

Congress being i n secret scssion,

Mr. Bocock iriovcd that tlic States be called for resolutions, nieinorials, etc.
Mr. Perkins nioved l o amend the motion of Nr. I3ocock by moving
that one hour. each morning ho set, apart f o r tlic call of the States and
cornmittees.
The aniendmont was agreed to,
And the motion as amended mas agreed to.
The Chair presented certain estimates of the Secretary of the Trcasiiry ; which were referred to the Committee on Finance.

Jan. 9. IS@~.]

643

PROVISIONAL CONGRESS.

.Also, :I report from the QuartcrmastCr-C*Cnel.r21in reply to a resoIntion o f inquiry from the Congress; which was referred to the Comliiittte on Militmy Affairs, without being read.
, l l ~ o ,t t coniniunication f r u n i the Secretary of thc Nary, presenting
c-crtain cstimatcs; which were referred t o the CoIiimittee on Finance,
I\ ithotit being read.
Alio, :I message fro111tlie Presidcnl; which, with the accompanying
tloc.urnc.nts, was rcfcrrcd to the ConirnitLee 011 Military Affairs, and is
it\ follmm, to wit:
1sXECUTIIE ~EPAIlT,\rENT,

R k h n o n d , Janunry 6 , 18;iI.
7b t i i c ('onfedP,ute ~ ' o r i g r a s .
I h c ~ r c w i t htrancniit from the JVar Dcpartmeiit a copy of the official report of tlre
bat ti:^ 011 Aillegh~iny
Xoiintain 011 the 13th Ilecpniber.
m i a l :ittention to the snggestions of the Secretary of JYar in Itis
ompanying the report, with which I fully eoixyir.
J E FFRRSON DA V1S.

A\lho, a coniniunication from the Secretary of the Navy; which was

rcwd aiicl wferred t o the Comniittce on h'aval Affairs.

M r . l'crkins of Louisiana prescntcd the joint resolutions of the legis1:itnr.e of Luuihianii, i n relation to po\t:il afiiirs, tariffs, census takers,

and soldiers; which mere rend and referred to the several coininittces
c h x i g ~ dn ith the investigation of the srihjcrts 1-cferredto.
Also, the following rewintion; which was rwd and agreed to, to wit:
R e d / ctl, That tile
Treasury he rqnested to inforni Congresq, as
iicnrly a n he c m and
ble, how itiiich rrvenue tlie Government has
collectctl from dutieu upon i i
diffeient poinb o11 the scacoast of the Confeddesignating \I hat amomit of the duties thus
eracy * l I l ( P the ii1st
collectctl h n s been fro
befor:: that dat?, and how inuch from goods
imported since that date. ,21~0,the ainoant of duties collected at the different poink
on the AIcxic~anfrontier. A n d that IIC bc further requested to inform tlie Congrc5ii \+hat has been tlic co>t of haid collection, including therein a stateiiicnt of the
salarics paid to ofiic.eiF and the espcnse of Irceping up cnstom-housc~s.

Alho, thc following resolution; whivh was read and agreed to:fd
Mi-. 0 1 - 1 . prcwntcd
11 I)ill to provicle for the protection of l o y 1 citizens who hare
destroyed tlwir property to prevent its capture 1)y the enemy;
which WLS mad first and second times and referred to the Cornmittec
on the Judiciary.
Xr. Venable offered
LlI-csolution instructing tlic Coniniittcc on Military Affairs to inquire
illto the propriety of furtltcr legislation i n relation to habitual drunkenness among the olticers of the Army, and its punishment;
which was read and agreed to.
Mr. Waul oflercd the following resolution; which wa5 r e d and
iigrced to, to wit:
Resolved, That the Trcasurclr of the Confederate States be anthorized to pay to
ot the contingent fnntl of Congress, on the propw auditing of
u n t of pay and mileage due the late John Hemptiill, and take

311". Ochiltree presented tlie nmyiorial of 13. J . Sage; which was

referred to tho Cortimittr~o n the ,Judiciary, without being read.
_________

-~
~.

aTherecolution i s not recorded in the Joiirnal.

__

JOURNAL O F THE

6 44

[Jan 9,1862.

Mr. Seddon offered the following resolution; which was read and
agreed to, to wit:
Raolved, That hereafter during the present session the Congress will meet at rleT-en
oclock ante meridian.

Mr. Pryor, from the Committee on Military Affairs, reported back

and recommended the passage of
A bill to provide for raising and organizing, in the State of Alissouri,
additional troops for the Provisional Army of the Confederate Statcs.
Mr. Yerkins moved to place the hill o n the Calendar and print
The motion was not agreed to.
The bill was then engrosscd, read third time, and passed.
A message was received from the President. by the hands of liis
Private Secretary, Mr. Josselyn.
Mr. Harris of Mississippi, from the Coiiiinittee on h l i l i t q - Affairs,
reported
A bill to prevent information of the planv mid operations of the land
and naval forces of the Confederate Sitates hcing conrcyed to the
enemy;
which was read first and second times, placed on the Calcndsr, ai1d
ordered to be printed.
Mr. Venable offered tho following resolution; which was read and
agreed to, to wit:
ResoZved, That the fiecretary of the Confederate Congress be authori7ed to reccive
the slim of six hunclred dollars out of t h e contingent furid of the same, to be pait1
to the chniriiinn oi the committee of arrangements, to defray the expense of transportation of the body of the Iloiiorable John IItmpliill to t h e city of Austin, in t h e
State of Texas.

Congress thcn procecclcd to thc considemtion of the unfinished husincss of yesterday; whicli \vxs the first section of R bill to slincnd an
act to raise a11 additional lorco to serve during the war;
When,
Xr. liives inoveil to ainend tho same by striliing out all aftcr the
word regiment and by inserting in licri thcreof tlic following, to wit:
With regard to all volmtwrs r a i d af1c.r t l i c pnwiigr of this act, thc. field ant1
1 bc rliosen and nppointt~tli n t l w nrairn~rpo\irlccl by the act
idin:: for tlic g~:~iitiiig
of boniity arid furlonglis to 1xivatc.s ant1
cers of thv lro\ihion:al Arniy, :~pprowci0x1 the elc. cnth day
of J)ccciirlwr, cightcen huitdrctl atid Fiixty-onc, aiitl :kit vxcwiries orriirrin? i n miid
offices after thc. first clcction s1i:ill hc filled by proiiiotioii ficcoriljng to gr:itle anti
ficniority, e x w p t in KISW of disitbilit y or other inwinpetencay: 1~?.07 it?, h o w ~ w ,
That tho President lw anthorieccl to tley,ayt froin the 1)rescribed rule of proiiiotion in
fnvor of :any pcbrsoii spcc*ially1)rought to lrin notiro for extmordinarv iirvrit o r mine
signal act of gallnntvy or nii1it:iry &ill h y the reconmiendation of his coiriiiimiiiing
gcnwal.
111

tho C>oinmittcr on Engrossment, iq)ortcct

:IS

cor-

An act to pitol-idc f o r raising and organizing, in t l i t l Stat(\ of Missouri, additional troops for the Provisional Arriiy of tlic Ccmft~d~rate
states.
On niotion of A h . Stephens, tlici fiwthcr c~onsitlcrationof thc bill
was post,poned irntil 12 in. to-niorrom.
Mr. ltiisscll ofFt.rcd iwolutions of tliwks to Col. EtJ~vard,Johnson,
his officersand nicn, for scrviccbs in tlw bnttle of Alleghariy Mouni~iit;
which were read mid un:iniinonsl~-tigieed to.
Mr. lIarris of Mississippi introduced

Jan. 9, l%?1

PROVISIONAL CONGRESS.

645

A hill ni:iltitig appropri:ttions for cortain floating defenses;

w h i c h WAS rend first R I srcond
~
tiinw, engroqswj, l*e.nd a tliil-(l time,
:tnd pwscd.
M r . IIarris of i\fissouri iiitroduced
12. bill to pro\ ide for the organization of a marine brigade;
S
fir& and second times and, on motion of Mr. & b e ,
which W ~ rcad
was referred t o the Committee on Naval Affairs.
3lr. Smith of Altibania moved to publish the report of the Secretary
of \\ar; the report of General Beauregard concerning the report of
t h h t t l e of ~ ! h l W c j S & s ,except the first portion of the Sanle and the
lresidcnts indorsement; arid all other reports of battles aecontpanying
thc report of the Secretary of IVar, except the report of General
Ri-aggmid a paragraph i n the report of General Evans.
Mr. 1 larris moved t o amend the mutioil by publishing the report of
Geiicrsl Beauregard entire, and upon mhkh Mr. Ochiltree, a t the
instance of the State of Texas, demanded that the yeas and nays of
the whole body bc recorded thereon; which are as follows, to wit:
Alabslina -Yes: Messrs. I-Tale and McItae. Nay: Rlr. Smith.
Arhansas-Yea: Mr. Qnrland.
Kcntuckyv--Nay: hlessrs. Monroe, I?. L. Burnett, and Ford.
Louisiana-Xay : Jlessrs. Perkin.; arid Conrad.
Mississippi-Yea: Iliessrs. Ilarris, Orr, Bradford, and Harrison.
Missouri-Pea: hlessrs. Clark, Freeman, and Bell. Nay: Messrs.
Harris, Conrow, ttnd Yes!.
North Carolina-Yett: Messrs. Smith and Venable.
South Carolina--IZar : Mr. 13oym.
Texas-Yea: Messrs. TTaul and Ochiltree.
Virginia---Yca: N e s x s . Scddon, Macfarland, and Russell. Xay :
rs. Pryor, Boco(~lt,and Hives.
Yea: Alabania, Arkansas, Mississippi, hoorth Carolina, and Texas, 5.
Kay: Kcntuckj-, Xloiikiaiia, and South Carolina, 3.
Divided: RIiswuri and Virginia, 2.
Not T otiug: Florida, Georgia, a i d Tennessee, 3.
So the iriotiori mas lost.
Mr. Rlclittc, from the Corninittee on Engrossmcnt, reported as correctly cngrossed arid enrolled
An act iiiaking appropriiitions f o r certain Boating defenses.
Mr. 0i.r called for a division of the question o n the motion of Mr.
Smith; which was agreed to.
And the question bcing upon publishing the report of the Secretary
of War, tlie same was agivcd to.
All-. Pcrliins iiioved to i~rconsiclerthc vote just taken.
The question then recurred upon publishing the report of General
Johnston, and the rote having been taken thereon, the motion was
a g l w d t 0.
Mr. Conrad nioved to reconsider the vote just taken.
T h e questiorl then recurred upon publishing thc report of General
Remiregard, with the exception of the first p w t of the sanlc and the
indorsement of the President;
When,
Mr. Ochiltrec, a t the instance of the State of Texas, demanded that
the yeas allit llays of the whole bodj- be recorded thereon; which are
as follows, t o wit:
Alabama-yea:
&lr. Smith. Nay: Mewrs. I-Zale and MPRw.

646

JOURNAL OF THE

[Jan. 9, 1962

Arkansas-Yea: Mr. Garland.

Icentuclcy-Yea: Mr. Monroe. Nay: Messr~.Ford and T. 11. I h nett.
Jlouisiana-Yea: Messrs. Perkins and Conrad.
&fississippi-Yea: Mr. Orr. Nay: Messrs. Harris, 12r:rdford, and
Ilarrison.
Missouri-Yea: Messrs. Harris, Conrow, Vest, and Bell. Nay:
Mwsrs. Clark and Freeman.
North Carolina-Yea: Mr. Smith. Ntly: Mr. Venahle.
South Carolina-Yea: Mr. Boycc.
Texas-Y ea: Mr. Waul. Nay,: MY. Ochiltree.
Vir inia-Yea: Messrs. Macfavland, lt'ryor, Bocock, and Bivcs.
Nay: essrs. Seddon and 12ussell.
Yea: Arkansas, Louisiana, Missouri, South Carolina, and Virginia, 5.
Nay: Alabama, Kentucky, and Mississippi, 3.
Divided : ru'orth Carolina and Texas, 2.
Not voting: Florida, Georgia, and Tennessee, 3.
So tlie motion was not agreed to.
On motion of MI..
Harris of Missouri,
Congress then adjourned until 11 o'clock to-morrow.

EXECUTIVI~; SESSION.

Congresr being in emcutivo session,

The Chair h i d bcforc Congress the following communicntion froin
the President:
Itrcmroxu, .Jnnuciry 9, 1SG2.
T o the Congress of Uie C o n f e d ~ r i iStiifcx:
t~
I nominate the ofIicer's on the ncwnipnnying liat to t h c s r m k afliscd to tlir4i i i a i i i w ,
respectively, agreeably to the recoinilic,Iitlation of the Srrretary of Wa1,
d ICIWERSOY 1)AVTS.

('olor,d

B. I). F r y , of Alabama, to take rank f m r n J u l y 19, 1461.

L i ~ ( i Intriil-co/ond
i

n. H.

Marks, of hlabania, to takc rmlc frorir Nowinher 27, 1861.

JlUjOY.

12. II.

~ L W S O I Iof
,

Al~~l):w~a.,
to takc. ~ i n i l rfrom Novcwiber 27, 1861.

rim r, iwn ~ H I O S A L

Amw.

('olonc4.

J. W. Sritrfr, of f\rk:uis:w, to r m k

1)anicl C.

~ + o \ : L I I ,of

troiri

hrkstiitiaa, to rank

NoveriiI)cr 23, ISG1.

froill

Piorerubrr 23, 1861.

11filjW.

Itwben Ir'. Ifnrvey, of hrk:inms, to rmli froin Rovcinbcr 28, 1861.

Jan.

! I , lh(i2.1

PROVISIONAL CONGRESS.
T H I R D KENTUCKY REGIMENT, I'RO\.ISION 41, \RM\'.

Polon el.
A. 1'. Thoinpson, of R ~ n t i ~ c kto
y , rank from October 18, 1861.

Lieutrria?it-eolonal.
Ben. Anderson, of Rmtncky, to rank from October 18, 1861.
X aj o I .
Alfred Johnston, of Kentuc-ky, to rank from October 18, 1861.
TCTCliY C i T A L l l Y R I : ~ I v E K ' ~I~ROVISION.4L
,
ARxY.

Colond

Ben. Hardin F l t h - ~ of
, Kentucky, to rank from October 5, 1861.
Liezileiaccial-rolorir~.

Thoinas ( i . Wood\vard, of Kentucky, to rank froin Korernber 1, 1861.

dl(lj0r..

N. R. Chambliss, of Tennessee, to rank from Dercinber 12, 1861.

SIXTH KESTUCKY REGINENT, I'ROT'IhIOS.41, ARNIY.

(=olonel.
Joseph IT. Lewis, of Kentucky, to rank froin November 1, 1861.

I,ieut~nant-colonel.
JIartin IT. Cofcr, of Kentucky, to rank from November 1, 1861.
dfifJOl'.

Thonias T-I. Ilsys, of Kenturky, to rank froni November I, 1861.

IiIRST LOUISIANA 1x3 ASTRY RROI\IEST, PRO\71SJOS 41, ARMY (EXLISTEI)).

Cuptrrlrl.

Edlvard C. Preston, of Louisiana, to take rank from December 18, 1861.

First lieutenunt.
L. X. Olivier, of Louisiana, to take rank from December 18,1861.
Skcond lieutenant.

Joseph T. Garner, of T,ouiainna, to take ratlk front December 21, 1861.

'r\v&xry-s&VESTI3IISSIbSIPPI REGIJIIGKT, PROVISIONAL ARMY.

Colonel.
JoI~c,.~,
of BIississipyi, to rank from confirmation.
SEVENTH ALARA\I \ BAT PALIOS, PROVISIONAL ARMY.

Liezrtrnnnt-colmwl.

A. Baker, of Alabama, to take rank from confirmation.

648

JOURNAL Ol! TElC

RIltS'F KENTUCKY C'AV.4 l i K Y l<\l"f.A

[Jrtn. 9, 18U.

Ill() S , PROVISIOS .\ 1, .-\I1.V 7;.

Major.
John Shawhaii, of Kentucky, to take rank

froill

1)eceiiiber 24, 1861.

IiIRS'P NOH'PII CAROLLNA l~A'l''~~\LIOY,P R O V I S I O N z ~ I ARMY.

~

Jfiijor.

E. C. Rrabble, of North Carolina, to take rmlk

fro111

Novcrriber 29, 1861

E I G I ~ T R A\I,AIIA;MA BA'IT'\ I , l O S , l ' l ~ O \ r ~ S I O S A .\JUfY.

I~

L i e u t ~ n c ~t -i rc d o i i PZ.

F. I3. Shepherd, of Alabaiim, t o rank fron~JleceinLer 2, 1861.

Brigade conu~tissuries,with rank of nmjor.

'IV. H. Thomas, of Virginia; E. Yulee, of FIorida; John C. I-laskell, of -'

B. Mrtgruder, of Virginia; J. A. Sacller, of North Carolina.
Assistant coi?c?i~issff.ries,
wilh rank

of'

, Allan

cnptcrin.

A. Kinney, of Virginia; J . B. Santlers, of 3Iississippi; John 11. Fallin, of Virginia;

James Wade, of Virginia; \Yilliam B. Warwick, oi Virginia; Philip Vacaro, of Kentucky ; Richard Fancher, of Teririessce; Horace A. Parish, of Tcnnessre; John A.
Galbraith, of Mississippi; Samiiel H. Baci~nian,of Tenncssce; \Villiain Bnfin, of
Mississippi; E. A. Mcl<enney, of Ttsas.
Brigade q"a,.tcr),iccslei,s, with rank

I?. D. Cleary, of Virginia; .I

Moses H. (korgo, of Texns; I

o j major.

. &IcClcllancl,of Virginia; Alfretl Iioyd, 01 Kcntucky ;

ic

liriiikcr, of Virginia.

.Issisttrtii , ~ / i c ~ ~ / ' ( c r i ~ ~xi/h

~ / s l rcink
e i ~ ~ s03', ' crip/.(Ti)i.
N. J. Thomas, of Yirg
; 1,. N. \\'ebb, of Virginia; \V. I<. I'aston. of Jlisaissippi;
John C. Peay, of Arkmi
J o l i i i I,. Urisco(?,of Mississippi; i\. l l h a r t , of Virginia;
ni:i; George Joliiistoii, oi Loiiisiana; JIaroii Rforfit, of
Taliaferro f-Iiint,m, of \
-;
John A. I-Iannictr,of 'I'c~iincsscx~;Janies No(
OI ticwrxia; 1). c:. Spurlock,
of Tenneesee; Willon 1,. Yoniig, of hlat,tiiiia; I;.
I . K c ~ i i i ,oE Virgiiiia; A . .I.
Hclwthorn, of hrkarisns; J . 11. I'opt1, of Ala I) m~: i;(
. Styroil, ( I [ Sortli Carolina;
of Virginia; F. I
'I?. S. Jones, of District, o i Colriiiibia; -2. M (hh~,
Mississippi; Jaiiw W. Bradford, of .irliziiisL ; ,J. I,. l?r(;t>dC;y,of IUorth
(~hc?pi<?
i l l s.

W. 8. Paync, of Ttxuiewce; \V. <;. Joyce, of Texas; F. McCarthy, of Virginia;

Robert Elartlie, of (korgia; J o h n A. Vifc, of hlississippi; T. ti. l h l c y , of Iient,uc~ky;
,J. 11. Craw foul, of Virginia; A. 11. \Vitilic~l(l,of Arkanms; 1 ) ~ ~ ~ 1'.i t l1Litc:hie. of T e i i ncssee; ALcxiiridw JrC
e , of M i s s i s s i p p i ; A . 13. Canipl)ell, of Georgia; (;, \V.
; Willis l l x l l , of Gwrcia; \Viiey
Fe'eatherstoiic,of ' h i t i ( ?
ioiiipson 1., Siiiit 11, u l \'irgiiiia;
Nnrgess, of A l d f i i u i a ;
Andrew J. Witlierspooii, of
A d j i i l ( i t t / s , wilh thc? r ~ r ~ ~JJi'irsl
rk
liculc?rccill.

r m k froin Augnst 13,

R. A. Wise, of Virginia, to t
Virginia, to take rank froni 1)
ilwr 18, I M l ; ,I. 1'. 1~
rank from Deceinl)er 12, 1861 lnlcs A . liarclcn, of
November 9,1861; 13. A . Wliitiiix, oi A l a h i i i a , t o t i k c r
C. Wertenbaker, of Virginia, to tnbe l a l i l t froill 1)cct:iiiI)cr 31, 1861; Addison Talinferro, of Georgia, to take rank froin I>ecember 9, IS61 ; Noyes k i n d , of Virgink, to
take r m k from October 7, 1801; Joh 12oritli, of I\tisaissipl)i, to take riliik froin
Decembor 29, 1861; Stewart \V. Cay(:(:, of Alnl)ani~i,to take rank froill Beptcwl)er 10,
1861.

lill

l(l

PROVISIONAL CONGRESS.

AssistcLrrt

649

i ~ ( ~ j i i i i i i r / . ~ - c / ~with
j~i~r~il,

JV. 13; Tal,l~,of X'irginia, to take rank froin Angust 6, tS(iI, R. IV. ;LIrInminger, of
$,)nth ( :irolina, to take rank from TIeceInber 2-3, 1861; F:+\rette Tlewitt, of ArkanwM,
10 takc i ~ i i ktrom 1~ec~wll)er
98, 1861; Benj. Huger, jr., 01 South Carolina, to take
rauh I i o i i i J a n i i a y 6 , IYU.
-4 ids-de-ccinip, with tlir rank of .first liew,tozctrtt.

\v. ISacoii, of Virginia, to take rank from h g ~ i s 18,

t 18til; $3. I-'. Uarhour, of ICentucby, to takr i ~ i i kf l o m December 4, 1861; Chiswell Dabney, of Virginia, to take
i , i r i l i Iioiii I ) ( ~ e i u 20,
h 1861; Thoriias T. IIawkinr, of Kentnrky, to take rank from
No\ ciiil)er 11, 1861, Thomas a. Qoiee, of Texas, to take rank froln Decernber 31, 1861.
nrigrrtlier-geiiercr Is.

TIenry i Icth, of Virginia, to take rank from January 6, 1862; Johnson I<. Duncan,
of Loui~iaiia,to take rank froin January 7, 1862, S. A. M. Woocl, of dlabama, to
takr rank i - o m January 7, 1562.

Thc no1riin::tions w ~ r referred

e
to the CoinniitLee on Military Affairs,
and finally confirnicd.
Mr. Hale, froni the Committee on Military Affairs, to which had
h e m referred the nomination of James .'l' [,John G.?] Walker, as
br.i~:;idici.-~erier~~l,
reported tho same back, Kith the ~~cconiniciiclation
that (hngrcis aclvibe and consent to the same: which was agreed to,
and the 1minin:ition \I :t\ coilfirtned.
then rewiiicd lcgislntive session.

OI'EK RESSIOA

Congrcw iriet pursuant to adjoiirnment, and was opencd witli prayer

ly thc Hcv. 111.. Plogc.
Gong'i~c~s
tlwn resolwd itself into swrc.t session.
sE:cIwr

~ ~ B I O S .

Congress being in secret session,

J1r. Itussell moved to reconsider the rote on the passnge of r ~ s o l u tions of thanks t o Col. Edward Johnson, his officcrs and i i i c n , for
services in the battle of Alleghang Mountain.
The niotion v7as agreed to.
And the resolutions were then read first and second times, engrossed,
read third time, and pasied unanimously.
M r . Smith of A Iahania moved that a bill on the Calendar, providing
for the n1anufactul.e of gunponder, sinall arnw, etc., be made the
special order for Monday next, at 19 o'clock m.
The motion was agreed to.
Mr. Harris of Mississippi moved that a bill on the Calendar to
:nnend a n act to sequestrate the property, estates, etc., of alien
emmics be made thc special order for Tuesday next, nt 12 o'clock m.
The motion was agreed to.
Air. Russell introduced
A bill to repeal an act approved May 25,1861, to declare and estnblish the f w c navigation of the ,Mississippi River;
which )\-a$ read first and second times and referred to the Conmittee
UII

Cotnnierce.

650

JOURNAL OF THR

[ I n n 10,1862.

Mr. ,Johnson of Arkansas, from the Committe:c 011 Indian Affairs,

reported back
A bill making certain provisions in regard to Indian trust funds.
And the first section of the same being under considerstiou, which
refers to the payment of nroneys by the Secretary of War to th e
commissioners,
Mr. *Johnson, a t the instance of the committee, nioved to amend the
same by striking out the words a t the request of the Commissioner
of Indian Affairs.
The amendment was agreed to.
And the bill as amended was engrossed, read third time, and passed.
Mr. McRae, from the Cominittec on Finance, reported and recoiiimended the passage of
A bill appropriating $14,850,000 for the use of the Wa r Depnrtment;
which was read first, a i d second times, cngrossed, read a third time,
and passed.
Also, a hill appropriating $923,607 f o r the naval service;
which was read first and second times, cngrossed, read third time, and
passed.
Mr. Perkins offered the following resolution; which was read and
agreed to, to wit:
Resolved, That the President be iequested to cominuriic~ateto Congress copies of all
such correspondence from our commissioners abroad as, in his opinion, inay not be
incompatible with the public interest.

Mr. Hale introduced

A bill to provide f o r the organization of troops into brigades, %.id
the appointment of brigkdicr-generals;
which wits read first arid second times :uid referred t o the Uornrriittee
cecdcd to the consit1cr:ition of the unfinished business of yesterday; which was the iiiotioii o f 311..
Smith to publish the
reports of the various battles mxoiupanyiiig tlir report of the Secretary o War.
And thequestion bcing upon publishing the report of General Floyd
of the battle of Carnifix, thc vote WLS taken, ~ i i t lthe report orclcred
to be published.
The question then vccurrcd upon publishing the report of General
McCulloch of thc battle of Oak Hill, :uitl the vote having been tdten,
the rcport was ordcrcd to be publishccl.
Thc question then I-ecurredupon publisliing the report of General
Jackson o f tho battle of Greenbrier, mid the vote having been t:iken,
the sanic was ordered to be published.
The cluest io 11 t h e n recurred up0 n publishing t hc rc port of Gene ral
Evans of thc bitttle o f Lcesb~rg;
When,
Mr. Bogco moved to amcnd tlic nrotion t>o publish the rcport by
moving to publiah a11 of thc mile, cxcepl the following yaragrapli, to

wit:
At about 2 oclock p. ni. I seiit n mer,senger t o 13rig. Cen. R. 1,. Wright to biinp
his militia force to m y assistance a t Fort E\wis. He reported to me in p e r m i that
he WRS unable to get liis i i i e i i to t u r n out, though tlicre wcre :t grcat iiuinbrr in town,
and arms and animunitioii were offcrotl thc\lu.

And upon which Mr. W:inl, :it the institiice of the Skate of Texas,

JJII

21 l%2.]

PROVTSTONAL

c m a RESS.

JIr. Aw ry, from the Coniniittea on Military Affairs, to

i~+rrcd the rricssage of the Iresident relative to the comple
railrod from SeInia, A h . , to Xcridian, Miss., reported
Li hill to provide f o r the completion of the railroad connection f r
Selrm, ,ila., t o Xeridian, in Blississippi;
which
read firstj and second times, placed 011 t,hc CaleIlda
ordcrc~dto Iw i r i n t r d , together with the message of tho 1)
rt>l:itingthereto.
.ilso, a bill to p t w i iclc for the construction of rolling mills, loco
ti1 (5,a n i d engines for naval piirposrs: which W:M read first ttntl sec
I i i i i o s , \%,:ih lilxccd o n the Calendar, atid: together with tlicaccoinpanying
I I J O ~ + : L of
~ the PrcGdent, u-w oriicretl to he printed.
On t i i o t ion of 1Ir. , i v ( ~ j - the
, report of Colonel Rshc and the resol i i t j o n h of cci.taiti 1::ili~oatlcorpor:ition$, accompanying the inesrage of
tlic Trc~ident, M (re ordered to be
I Territories, reported and
I ( : c ~ ) l ~ l l i l ~ lth(
l d ~ pdSS:l@
~t~
of the PO
rcsolution; which was read
i ~ t i c l:igrced to, to wit:
, Tliat t i . 11. Our> Iw atlinitttvl to ii wat npon this floor as a Ilelegatc from
tlie Territory of .\rizoua.

hIr. Pcrliins, froirr tliu Cotiirni ttec o i l Iriiiting, to whom was referred
a copy of R lcttcr froiii tlic Soeret:Lq of thc Irra~iir:,.,addressed to the
prcsidcnt a n d tiii-eciorsof tho B:tiik of KPTY
Orlc:~ns,togethei*with two
other lctterr, :ttldre-wd to Governor moor^, oC Louisiana, and to the
at torneg-gcner:il, abl<iiig thcii- coolmation with thc Confederate Goveriimcnt in inducing the hwnks of Jdoiiiqima to suspend spccic payi i i w t i , rqmrtctl t h t thcy l i d hncl nndcr consideration the propriety of
pri~itiiigthc w n c . and l~(~1icvii1g
that to he the only question suhnitted
t o thciii. ~~ccominentictl
th:it the hanie 1)c not, published ; which was
:igi.ecd to.
Congrch;. tlieii proccccled to thr considcmtioii o l the unfinished busii l c ~ so f :,-csterd:Ly; wliich \\as the riiotion of MY.
Jooiiihs to stlriltc out
ihc. tii.st w c t i o i i of a hill to :~niendt h
Jfr. C:tmpl)c!l nrinoiinwd the presence of Alr. Oury, a Delegate-elect
Froni thc Territory of Arizona, \vho came forward, W B duly
~
qualified,
atid took his seat.
11 message WLS reccivcd troii? the Prcsidont, by tho hands of his
Private Secretary, MY.,Jo;.selyn.
Congi-cqs then resolved itwlf into executive session; and having
h p l t bonle tinic thrrcin. again rcholvcd itself into legislative session.
Cmgrcss:, on iiiotion of Mi.. Chilton,
Ad jouriied iintil 1S ocIocl< 111. to-morrow.
R S I$( :LTIVlC SRssION

Coiig IYS\ hciiig in csccutive ;.cssioii,

Ihc Chair presented the following riiossagc frorn tlie President:

I t r m m xi), January 24, 1869.

!h tlie (ongrcr\ of tiie Conjetlerccte Stutes.
1 noniiriatc the officer 011 the accompanying letter to the rank affixed to his name,
ngreeably to the rccoinmcndation of the Secretary of War.

JEFFERSON DAVIS.

1%. It. Johnson, c s f Tmncssee, as Ijri~~(~ier-gcrlewl

in the Provisional ,Irrlly of the
Confederate States of America, to take rank froin date of confirmation.

'702

JOUENAL O F THE

[Jim. 21. I$G%.

Jan. %1,lhG2.]

PROVISIONAL CONGRESS.

Lieutenant-colonel.
JV. H. 3icClellmi, of Alabama, to take rank January 8, 1862.

Majw.
(;eorge I).Johnston, of Alabama, to take rank January 8, 1862.
FIETIE dLABAl\lA HA'PTAIAIOP;, PKOVISIONAL ARMY.

Lienteiiant-colonel.
Xicholas Davis, of Xlabaiiia, to take rank Soveniber 25,1861.
Jfujur.

\V. 1). Chatlick, of Alabama, to take rank October 29, 1861.

.Josrph Finegan, ol Florida, to take rank January 14, 1862.

, I'KOVIBIONAL

ARMY.

Colonel.

I,. 11. Ilaniar, of Georg~a,to take rank Eovember 14, 1881.

Li~ui~,ritcnt-colo7i~l.

John K. l'owerb, of (+rorgia, to take raiik November 14, 1861.

Major.
15. J. hlagruder, of Georgia, to take m i l r X o r e ~ n l x r14, M l .

, I'l~OVlSlONAI~ARMY.
C'olon PI.

\\'alton J',ctor, of Georgia, to take rank Jrlly 8, 1861.

/,ieutetic~~it-culort~,l.

Alarcellris 1)ooglass. of tieorgia, to take rank July 8, 1861.

Major.
Jatiies 31. 8niitli, of Georgia, to take rank J ~ l 8,
y 1861.
'f1~1Kl~Y-F1k"rI[6 Y O K b I A ILEGIMEXJ, PlWVISlONAli AICMY.
( blUItt,l.

15. 1,. Tlionias, of Georgia, to take rank October 16, 1861.

Lieiiiei~aii~-coluriel.

6ustaws A. Bull, of Georgia, to take rank October 15, 1861.

ilfajor.
Uolling H. Holt, of Georgia, to take rank October 15, 1861.

104

JOURNAL O F THK

[Jan. 24, ISFZ.

Jan. 24,1862 ]

PROVISIONAL GONG

717.. 1,. Moon, of Alabama, to take rank January 13, 1862;

lrirgiiiia, to take rank January 4, 1862; George A. Me
rank January 18, 1862; WiUiam D. Jones, of Nonth Ca
18, 1862; Jonathan Stout, of Alabaina, to take rank
Spann, of North Carolina, to take rank January 18,1862
to take rank December 3,1861; Thomas 31. Scott, of T
81, 1861; Greenlee Butler, of Georgia, to take rank Dec
Aids-de-camp, wit11 rank of Jirst lieutenant.
J. T. Tosh, of Virginia, to take rank January 4, 1862; J. Barroll Washing
Xar)-land, to take rank August 31, 1861; Langdon C. Haskell, of South Carol
take rank January 18, 1862; Miles C. Selden, jr., of Virginia, to take rank Jan
22, 1862.
ADJUTAST-GENERALS

DEPARTMENT.

Captains.
George G . Garribon, of Virginia, to take rank January 4, 1862; J. Shelby wil.
liams, of Tennessee, t o take rank January 10, 1862; Henry A. CVhiting, of Alabama,
to take rank liovember 28, 1861; Henry Bryan, of Virginia, to take rank January
14, 1862; Robert c. Sewton, of Arkansas, to take rank December 1, 1861; Alexander
C. Ilaskell, of South Carolina, to take rank Jaiiuary 18, 1862.

The communication was referred to the Committee on Military

Affairs.
MY. House nioved the confirmation of J. Shelby Williams, of Tennessee, as assistant adjutant-general, with rank of captain; which was
agreed to, and the nomination confirmed.
The following message was received from the President, submitting
nominations for appointment in the Army of the Confederate S h t e s
of America:
RICIIMOND,
January 9.4,186.8.

To tile Congress of the Confederate Xtutes:

I nominate the officers on the accoinpanying list to the rank affixed to their names,

respectively, agreeably to the recommendation of the Secretary of War.

JEFFERSON DAVIS.
CORES OF Al1IILLEKY.

Ftrst lze?itenants.
Abner Smead, of Georgia, to take rank March 16, 1861; John 0. Long, of Georgia,
to take rank Mal;ch 16, 1861; James H. Hill, of South Carolina, to take rank March
16, 1861; R. C. Hill, of North Carolina, to take rank March 16, 1861; P. S. Armistead, of Virginia, to take rank March 16, 1861; 0. K. 31clJeinore, of Alabama, to
take rank ;\larch 16, 1861; Samuel M. Cooper, of Virginia, to take rank March 16,
1861; G. H. Hill, of North Caiolina, to take rank March 16, 1861; J. R. Waddy, of
Virginia, to take rank March 16, 1861; James Howard, of Maryland, to take rank
&Parch 16, 1861; A. S. Cunninpham, of the District of Columbia, to take rank March
16, 1861; R. 11. &4nderson,of Georgia, to take rank March 16, 1861; Lafayette Peck,
of Tennessee, to take rank March 16, 1861; R. K. Rleade, jr., of Virginia, to take
rank March 16,1861; William Proctor Smith, of Virginia, to take rank March 16,1861;
Joseph Jlixon, of Tennessee, to take rank March 16, 1861; John S. Saunders, of Virginia, to take rank March 16,1861; Leroy Napier, jr., of Georgia, to take rankMarch
16, 1561; Xoses H. Wright, of Tennessee, to take rank March 16, 1861; W. W.
XcCreery, of Virginia, to take rank Warch 16, 1861; Stephen D. Ramseur, of Eorth
Carolina, to take rank March 16, 7861; Wade H. Fibhes, of South Carolina, to take
rank March 16, 1861; Briscoe G. Raldwin, of Virginia, to take rank March 16, 1861;
It. B. Thomas, of Tennessee, to take rank March 16, 1861; Daniel Trueheart, of vlyginia, to take rank April 27, 1861; Theodore Moreno, of Floricia, to take rank Ap!lI
27, 1861; ,Joseph A. Yates, of South Carolina, to take rank filay 18, 1861; B e W P n
Allston, of South Carolina, to take rank March 16, 1861; .G.. @orr~as Getty, of Vlrgnia, to take rank July 11, 1861; George U. Mayo, of Vlrginla, to take lank J u ~
19. 1861; George Strong Storrs, of Alabama, to take rank October 4, 1861; James w.
c J-VOL 1-04-45

706

eJOURNAL O F THE

[Jan. 24,lSFZ.

Archer, of Virginia, to take rank October 5, 1861; T. 31. R. Talcott, of Virginia, to

take rank October 9, 1861; Jacob Cnlbertson, of Kentucky, to take rank October IG,
1861; C. S. \'enable, of South Carolina, to take rank Octobcr 18, 1881; S.S. Firlncy,
of Georgia, to take rank October 25, 1861; E. Cunningham, of Virginia, to take rank
October 29, lS6l; E. IT'. Ruvker, of Tennessee, to talreralili Korrmber4, 1S6l; (;corge
13. Bagwell, of Virginia, to take rank Noveinbcr 4, 1861; William 13. Selden, of Virginia, to take rank November 9, 1861; J. J. Legare, of South Carolina, to take rank
November 16, 1861; 1. L. Ingraham, of South Carolina, to take rank Xovember 16,
1861.

The message and accompanying nominations wore rcferred to the

Committee on Military Affairs.
Another message was received from the Brcsitllent; which i s ns
f olloms :
hcrnro\

, J i i ? i i ! r t j (1

36, 16'62.

To the Congress of the Confcdemte Xtutts.

I nominate the ofricers on thti act*oinpanjirig l i d to thc rank affixed to their
names, respectively, agreeably to the reconimcndation of the hccretary of War.
JEFFI'IISOS DAYIS.
CORI'5

ol.

1 \ P L\TRY

(Itiplma\

Alexander E:. Steen, of Xissouri, tAJ take rank 3larc.h 16, lS61; AITrcd 15. l,atinic~r,
of South Carolina, to take raiili I\Iarvh I(;, 1861.
Zf'f?..1 / / W t ! y ( / f 7 h .

William Kearny, of Kcntuckv, to talw rarilr ,\larch 16, 1

Kentucky, to take rank !llar(bh"l(<,
1s
March 16, 18G1; Jolin R. Cookc, 01 31
Haslwll, of the 1)iitrwt of Colnnibia, t
Tenneesec, to tnlrcl rank 31ar(.li 16, 1861; Willixni F:. I h r . n c % , o f Texai, to t i ~ k t brauk

'L'h:n o n i i i i : L t ion\ I\
I T F ~ I T ~ Y to
~ tliv ('ouiniitt(.c. 011 A 1 i I i t : ~ i . A\[t:tir,.
~
Mr. I M o , t'roiti ( " o i i i i i i i l
o i l 11ilit:it-y>\flair\. to v\.lioiit\vits rpfc
the meshiig!-c'oC t l i i ' l'ic4dvnt of t I : i t ~ u : i ~17,
~ j iioriiitlatiilg 111:~jor
:~nd
brigadier gm(~~'iils,
i~y)oi*totl1 1 S ~: I ~ I Il):it&k,
P
itli t iie ~~c~c.oiiiiiict~dntion
that Richard S. Kwcll lw co11firnic~lril:Lior-gc.ne~l.:11t u ~ d,I anws 31.l~
Intosll
( l i x b

bri~Litier-gctlelal,
Congrcss ad\~ised:mi c~)ns;cntcdto the. s:inic.
MY. Iiale, froiii saiiie c o i i i i t i i i t c ~ t, o T\ honi \ u s referred i l l c nolninaLions of the President o f cJ:iiiii:~ry14, 1 ~ ~ p o r tthe
( d s:~inch c k , it11 the
recomnicudation that the nomiiintions IJC confirmed.

Jai.

25, 1862.1

PROVISIONAL CONGRESS.

On motion, Congress advised and consented to the confirma

t h p officer..;as nominated.
Congress t h c b i i resumed business in legislative session.
FIEY-THIltD DAY-SATURDAY,

JAJUARY

25, 1862.

OPEN SEYSIOS.

(hngruss iiiet pirswmt to adjournment, and was opened with prayer

h\- t h e Eev. Xr. Baker.

Congress then resolved itself into secret session.

SECltET SESSIOS.

Congress being in secret session,

Mr. Hale moved to suspend the regirlar order of the day, for the
pose of taking up for consideration
A hill to provide for recruiting companies now in the service of the
Confederate States for twelve months.
The motion mas agreed to.
And the bill was engrossed, read third time, and passed.
Mr. T. R. K. Cobb offered t h e following resolution, to wit:
I k s o l u d , That the Secretary of Congress cause twenty-five hundred copies of the
proceedings of Congress upon the occasion of the death of the Honorable John Tyler,
together with the addresses delivered and the funeral discourse of the Eight Reverend Bishop Johns, to be printed in pamphlet form for the use of the House.

Mr. Harris of Nissouri mo.ired to refer the resolution to the Committee on Printing.
The motion did not prevail.
And the question recurring upon the adoption of the resolution, Mr.
Curry, a t the instance of the State of &4labarna,demanded that the yeas
and nays of the whole body be recorded thereon; which are as follows,
to wit:
Alabama-Kay : Nessrs. Smith, Curry, and Hale.
Arkansas-Y ea: Nessrs. Rust, Thoinason, and Garland. Kay:
Messrs. Johnson and IVatkins.
Florida-Yea: Messrs. Morton and Ward.
Yea: Messrs. Howell Cobb, Bass, Hill, and T. R. R. Cobb.
. Ioombs, Forcnian, and Crawford.
Kentucky-Yea: Xessrs. Monroe, [H. C.] Burnett, Thomas. Whitc,
and rJohiison. Nac: Mr. Ford.
Louisiana-Yea: Messrs. Perkins and De Clouet. Nay: Messrs.
Conrad and Kenner.
;\ilississippi--Yea: Mr. Bradford. Nay: Messrs. Harris, Brooke,
and Harrison.
Missouri-Yea: 3Iessrs. Clark, eyton,Yest, and Rell. Say: M~ssrs.
Harris, Conrow, and Freeman.
Sorth Carolina-Yea: Xr. Morehead. Say: Messrs. Davis, Smith,
Ruffin, McDo~yeIl,Craige, and Davidson.
Sonth Carolina-Yea: Messrs. Barnwell and Boyce.
Tennessee-Yea: Messrs. IIouse, Jones, and De Witt. Nay: Mr.
Thomas.
Texas-Yea: hlr. Waul. Say: Xr. Ochiltree.

708

JOUHNAL 08 THE

[Jan. 25, 1862.

Virginia-Yea: Messrs. Seddon, 1c1ac-f'arlnnd, Scott, Boteler, ltussell, Johnston, and Staples. Nay : Mr. Pryor.
Yea: Arkansas, Florida, Georgia, I<cntncky, Jlissoiiri, South Camh a , , Tennessee, and Virginia, 8.
Nay: Alabama, Mississippi, and Sorth Carolina, 3.
Divided: Louisiana and r F e x ~2.~ ,
So the resolution was adopted.
Mr. H. C. Burnett introduced
A resolution relating t o secondary testimony lo be tacken i n wscs
pending in courts under the sequestration act;
which was read and referred to the Committee, on thc Judiciary.
Mr. Conrad, from the sclcct committee of three t o whoiii \\.as
referred n resolution of irquiry as to the moitns by which thc sccrct
proceedings of this Congress ai'e nmdc public, and to report what
legislation, if any, is necessary to prcvcnt the sanie, reportcd the
following order, to wit:
That this Congress d o ortler that all persons, e x c q t the iiieiiihers aiitl ofiicerb o f
this body, he excluded froni all the rooms aiitl offices thereof, except froin tliis 1 3 ~ ~ 1 1 ,
during the public sessions of the body, and lialf an hour iiriiiiediatcly preceding s w h

sessions.

Mr. Venable moved to lay t h c report on the tztble, and called the
question; which was seconded, when MY.Conrad, at the illstance of
the State of Louisiana, demanded that the yeas aiid nays of the whole
bodv be rccorded thereon: which are as follows. to wit:
~labarn:+--Yea: Mcssrs: Smith, Curry, Chilton, Halc, and .Jones.
Nay: Mr. McRac.
Arkansas--Nay : Messrs. cJohrison and TTatkins.
Florida-Yea:" Messrs. Morton and W:trd.
Georgia-Yea: Mcssrs. Howcll Cobb, F o r c i ~ ~ i Crawford.
i,
Bass,
and T. R. R. Cobb. Nay: Mr. Hill.
Kentucky--Yea: Messrs. Monroe, [EI. C.] I3urnctt, Thomas, and
Johnson.
Louisiana-Nay : 3Iessrs. Pcrliins, I)e Clouct, C o n r d , arid Kenner.
Mississippi-Yca:
Messrs. 13rooltc, Bradford, and Harrison.
Missouri-Yea: Mr. Conrow. Nay : Messrs. Peyton and Freeman.
North Carolina Yea: Mcssru. Smith, Ruffin, McDomell, Venable,
and Davidson. Nay: Mehbrs. Davis, Avery, arid Morelmd.
South Carolina-Nay: Mcssrs. 12hett, Barnwcll. Memrninger, and
Boyce.
'l'cnnessc>c--Yea: Me s. House, ,Jones, and Currin. Xay: Messrs.
De M'i t)t iLt)(l Thomas.
T(JStbS---TCii: 31~.Oldl~ttm. Nay: h l c s ~ r Waul
~.
~ n Ochilt,rcc~.
d
Virginin- Yca: 3fcssrs. Yaddon; hIticf:wlauitl, Eiws, ISotclcr, IZrockciibrougli, St:tpics, :itid 7V:tltcr Vrcston. Say: Jfehsrs. Isocwcli and
Johnston.
Yea: Altit,ania Florida,,. Georgia, Kentucky, Jlississippi, Korth
e ~and
, 1 irginith, 8.
IAouisimii, Missonri, South C:wolina, and Texas, 5.
o lay on the table prcv:Lilcd.
A message was received from the Piwidrnt, by the hands of his
Private Secretnry, hlr. ,Josst\lyn.
Mr. Kenrier introduced
A hill to authorizc, ccrtnin firittiicial arrangements a t the Treasnry ;
which was read first and second times and referred to the Committee on

Jan. 25, 1962.1

PROVISIONAL CONGRESS.

MY. Johnson of Arkansas presented the letter of the Seere

Jv:tr jn Pelation to certain nclgroes captured frolll hostile Indian
Gcncrid McIntosh; which was read and referred to the Committ
RBaius.
Mi 1i t a I-?

MY. Brooke introduced a bill su plementary to an act entit

act [.$;c.]; x-hich was read first an(P second times and referre
Committee on Military Affairs.
Blr. Davis introduced
A resolution relating t v furnishing the Army with gloves;
which was read and referred t o the Committee 011 Military Affairs
Mr . Khctt introduced
A bill t o compel direct importations from foreign countries;
s first and second times and referred to the Committee on
which ~ t reat1
Commercial and Financial Independence.
Cpon lilotion of Mr. Venable, the injunction of secrecy was removed
from the report of the Kaval Committee on the case of Capt. [Lieut.]
B. W. Hunter.
Mr. De Witt iritroduced
A bill 01. tlie benefit of J. C. Apple;
which was read first and second times and referred to the Committee on
Claims.
Mr. Xacfarland introduced
A resolution relating to the claim of the steamer Mary Patterson;
which m s read and, together with the accompsnping papers, referred
to the Committee on Claims.
Mr. Brockcnbrough introduced
A resolution relating to colonels, lieutenant-colonels, majors, quartermasters, and commissaries serving without commissions;
which m s read and referred t o the Committee on Military Affairs.
3Ir. Rotclcr presented the memorial of Captain McGraw; which was
referred to the Committee on Claims, without being read.
MY. Stnples, from the Committee on Militsry Affairs, by unanimous
consent, reported and recommended the passage of
A hill to increase the pay of chaplains in the Army;
which wiis read first and second times and, on motion of Mr. B a r ~ ~ ~ c l l ,
--a\ placed on the Calendar.
On niotion of Mr. Conrad, the special committee to whom was
referred the resolution of inquiry as to the means by which the secret
p r o c t d i n g s of Congress are made public, etc., were discharged from
the furthcr consideration of the subject.
Congress the11 proceeded to the consideration of the unfinished busiiicss of ycsttarday; which ~vasthe niotiori of Mr. Toombs, as modified
b y himself, to strike out all of the first section of a bill to ~ n e n dthe
scqucbtration act, etc., except the last sentence of the same.
311.. Pryor moyed to reconsider thc vote on the passage of
li 1)ijl to prol-ide for the granting of furloughs in certain cases.
hlr. Orr, froin the Committee 011 Engrossment, reported as correctly
(~ngi-osml
and enrolled
n nct to nppropriatr $8tiO,OOO to pay for ordnance, ordnrtnc:e shres,
:L I I tl cq 11i pn im t.s;
R I act
~ to establisli an assay office at New Orlel*nb; and
An act to ntlthorize the chal1g-c of the nanIes of vessels i n certain
cases.
The C1iair presented a communicntioa from the President, transmitting to Cot~grcssa letter from the Secretary of War and the Qual%er-

710

.JOTJl<NAL OB THX

[.Jan. 27,18F2.

master-General in response to a resolution of inquiry from theCongress;

which was, together with the accompanying documents, rcftrred to
the special committee of one from each State to inquire into Frauds in
the Quartermaster and Commissnry Departments.
On motion of Mr. Monroe, a n amendrntml presented by Mi-. Memminger to an act to amend the sequestration act, cte., was ordered to
be rjntcd f o r t)he use of the Honse.
motion of Mr. Conrad,
Congress then adjourned nntil 1 2 oclock IN. on &Ionday.

&I

Jan. 27,1%2.!

PROVI~IONAL CONGRESS.

Texa5-Say: jlllpssrs. Rtbagan and W~LU].

Virginia -Yea: Messrs. Sttddon, Uuuter, Illacfarland, Pryor,
Scott, I)r.ocltcnbrough, 12ussel1,Johnston, Staples, a ~ l dmalter Presto
S a y : JIr. Hires.
Yea: A l n h ~ ~ l aFlorida,
,
Kentucky, Louisiana, Mississippi, N
Carolina, South Carolina, and Virginia, 8.
Nay: Georgia, Missouri, and Tcxas, 3.
Divided: Arkansas and Tennessee, 2.
So t h G motion t o reconsider prevailed.
Ah. h k i n s ofyfred as a substitute for the resolution of Mr. &bb
the followir!g, to wit:
R e d t d , That the Corninittee on Printing inquire what is the best mode of preserving the Journals of Congress.

Cpon which Mr. Wm1, a t the instnnce of tho State of Texas,

dciiiatided that thc Feas and n a p of the whole body be recorded; which
w e as follons, to wit:
Aluhama--lelz: d h s r s . Smith, Curry, Chilton, liale, and Jones.
Arksnhas--Yea: 3lc~srs.~Johnsoii,Rust, and G d a n d . Nay: Messrs.
T h o 1 1 1 ~ and
n Vatkins.
Florida-Yea: Mcssrs. Norton, Ward, and Omens.
C;eorgia-Xea:
Nr. Hill. Kay: Jiessrs. Tooinbs, Howell Cobb,
J?orcrnan, Crawfoi*d. Bacjs, I. R. R. Cobb, and Kenan.
Kentucky-Yea: Messre. Monroe and Thonias. Bag: Messrs. Johnson, Ford, and White.
Loui&na--Yea: 31cssrs. Perkins, I k Clouet, nnd Conrad. Nay: Mr.

KcII 11 er .

NiyYiisippi-Yea:
Jlessrs. Harris, Brooke, Orr, Barry, Harrison,
and Campbell. Kay: Mr. Bradford.
Missouri-Yea:
Ii4c . Fejton, Conrow. and Freeman. Nay:
Mcssrs. Clark, Cookc, Harris rliid Hell.
Xorth Carolina- Yea: N c
, Davis, Smith, Ruffin, McDowell,
Venahlc, 3lorthe:id. and David3on. Nay: Messrs. Arery and Puryear.
South Carolina-Yea: Nessrs. Barnwell, Memminger,
nnd Boyce.
Na.v: Air.. Rhett.
Tcnnessee-Yea: Mr. House. Kav: i&xxs. Jones, De Witt, and
Iliomas.
Texas-Xay : Messrs. Reagan, Waul, an$ Ochiltrce.
Virginin-Y en: Alrssrs. Seddon, Run ter, Macfarland, Uoc~ock,Scott,
.
Li,5sell, Johiiston, Staples. mid Walter Preston. Nay: M ~ s s r sPryor,
Kires, and I-Zroclcenbrough.
Pea: Alabama, Arlcansas, Florida, Louisiana, Mississippi, North
C:I rolina, South Carolina, and Virginia, 8.
Xzy: Georgia, Kenluck?, Missouri, Tennessee, and Texas, 6.
So the whstitute was agreed to,
Aiid the question hciiig upon the adoption of the substituta, the vote
taken, and the same was adopted.
r. Orr, from the Committee on Engrossment, reportd as COTrectly c>iigrowAand enrolled
An ~ c to
t proride for recruiting companies now in the service of
the Confederate St:iirs for tmeh-e months.
Mr. Venablr, niovcd to postpono the consideration of the unfinished lmsiness, for tb@purpose of concluding the call of the States.
The motion did not prevail.

JOURNAL OF THE

712

[Jan. 27, 1862.

Congress then resolved itself into executive session; and having

spent some time therein, again resolved itself into legislative session.
The Chair presented certain estimates of the Secretary of the Treasury; which were referred to the Committee on Finance, without being
read.
Congress then proceeded to the consideration of the unfinished buainess; which was the motion of Nr. Tooinbs to strike out all but the
last sentence of the first section oP a bill to amend the sequestration
act, etc.
Mr. Orr, from the Committee on Engrossment, report,ed RS orrectly engrossed and enrolled
An act for the relief of the State of Missouri.
Mr. Staples offered tho folloic irig rc\solution; whicli was read and
agreed to, to wit:
R e s o l d , That the Secretary of War be requestetl to furniPh to Uongrrss an estimate
of the amount propc'r to be paid to .James Lyons mitl Sydney S. Yastcxr, for services
rendered thc C;o~eriiiur.nt i i i irivcitigatiiig charges :gallist 1wrrons coiifinetl :G p i i u 0
oners in tlic city of liirliniontl.

Congress, on motion of hlr. W d t e r Preston,

Adjourned until 18 o'clock 111. to-morrow.
L

E:X3XXJTITr12 SESSION.

Congress being in executive scxsioii,

The following ~0iriniiii~i~:~tioiis
from thc Resident were laid before
by tht Chair, m d rei'crrc4 to thc Comiiiittce on Naval
( 1 list, :igrwtil~lyto t h o rc~co,iimentla-

J ~ + : ~ ~ ~I).\l ~
VIS.
;l~~o
f,icwtc'72n?,lsj0)' rhc?

WXI?.

Tlioinas B. lllills, oE i\l:~l):irna; TVilliarii A. licrr, (71 Xortli Carolinn; Samuel W.

Avcrt%t, of Virginia; TI. I<. ('I;iiboriic, OF lJciui4~iii~~,
llilary Ucii:
Wliittlc, jr., of \*irgiiii:i; ,Jolitt Griirihll, OF South Carol
corgict; (ieorga A. IIorc*licrt,o t (;corgi:i.
ve two now mastors an
m y lic~ite~iatits
i i i tlic S:tr
; Tliointir 1,. IIarrisoii,
I'irginia; J:inics 1,.
ci. Stone, of Alubama;
g, of Arlranhas; Jrirnes
Tlioiiias T,. Doriiin, of
Virginia; Charles W.
h a m , ol South Carolintz; Williani A: IIicks, of
Virginia; Charles I<. King, of Virginia; Jowpli
. b ' i l u o i i , of l<'Iori(l:i.
l'lic :il)ovv air(. I ~ I ) \ \ :ic4ttg i i i : i s t n ~ rin
~ tliv Nnvp.

02

7.

Jl<lWI?l&!OU I ) A YlS.
I,;/ I l l / , l ~ l I i l S i t 1 thr

lvil?l / .

.ker, o f Y i i g i ~ i i ~1:tl
i , i~ 1icwtc~n:iiiIin tlic liiiitctl States Nary.
\rm Z < l l d ~0 ,1 I l l ( . I) t r i c t 01' ("Oh71ibi:%, latc it liciiteiiaiit in tlic liiiited
raveb, of (;corgia, Iatc ii licwteiiant i n t h c x ITnitcd States Xavy.
utt, of Viigiiiix, I i t t ~:t Iic~iitcmmti n the Uii&tL Statvb Navy.
S iiI

Charlcs I;. Fali~,of Virginia, ]ale

gmr.

N <iir,gcwiiri

the. Tiiiitecl States Navy.

Jan. Zb, 1862.1

PROVISIONAL CONGRESS.
As.cistcrnt nurgeon.

, J ~ ~ M I<:.
X Ihiti+ay, of

Sort11 (hrolina, late assista

Ya~y.
Assistccnt paymfL?L.slP.r.

Ricliard I,. Narkall, of Virginia.

MARISE CORPS.

Captain.
Robtart Tancill, of L-irgiiiia, late a captain in the United States Marinecorps.
R r s t lieutenuiat.

Thomai

F. LYil%m, of Xiwouri, late a first lieatenant in the United States Marine

Gorp.

Second keuteiiant.
.James 7. Claiborne, of Louisiana.

Mr. Ruery, a t the instance of the State of South Carolina, moved

to reconsider the vote by which the nomination of J. E. Lindsay, to
,
referred to the Committee on Naval
be a surgeon in the N a ~ y mas
Affairs.
The motion was agreed to, and the nomination was then laid on the
table.
Mr. Naufarland, from the Committee on Commercial Affairs, to
which x7as referred the nomination of R. H. Lawton, to be collector
of the port of Richmond, reported the same back, with the recommendation that Congress advise and consent to the same.
The report was agreed
to, and Congress advised and consented to
the nomination.
Congress then resolred itself into legislative session.

FIFTY-FIETH I)AY--TUEST)AY, ?JANUARY

OPEN

28, 1863.

SEssIos.

Congress met pursuant to adjournment, and was opened with prayer

by the Rev. Mr. Dashiell.
Congress then resolved itself into secret session.
SIWKET SESSION.

Congress being in secret sesqion,

Mr. Perkins inoved to reconsider the vote on the passage of a resolution, calling upon the Secretary of War to submit an estimate for
the payment of James Lyons and Sydney S. Baxter, f u r scrvicea rendered the Government in examining prisoners confined in the city of
Richmond.
The Chair presented a comlnunication from the Secretary of War
in response to a resolution of the Congress, calling upon him to submit
an estiinate for the payment of James Lyons and Sydney S. Baxter,
etc. ; which was r e d and referred to the Committee on the ,Judiciary.
Mi-.Davidson presented tt niemorial; which was referred to the
Committee o:i Postal Affairs, without being read.
Mr. Venable offered

114

JOURNAL O F THE

[Jan. 28,1862.

A resolution instructing the Committee on Militnrp Affair.: to

inquire into the cxpcdiency of reporting a bill f o r thc inimcdinte
organization of the militia of the Confederate States;
which was read and agreed to.
Mr. Currin introduced
A bill making appropriations for the payment of certain interest
due, severally, to the banks at Memphis, on advances made by thcrn
to Maj. Gen. Leoriidas Polk, for the hencfit of tht: public service:
which was read first and second times wid referred to the Coiiiniittee
on Finance.
Also, a bill to rovide for the appointment of a
general and aids- c-camp by colonels of regiment, a + i p c t l to tlicx c'oiiiniarid of brigades ant1 to preserilw tlitir c~oinpens:ition,and for otlicr
purposes; which was rend first, and secsondtimes 2nd referred to the
Committee on Milit:xy Affairs.
Mr. TZrocBcnbrongh off'crcd
A rcsolution instructing the Coinmithe on I'rint ing t o iq)ort :L bill
niaking provision for tho publiotitiori of tlic L:LW of thc. l'i*ovi\ion:il
Con ress;
whic was read and agreed to.
Mr. Staples introduced
A resolution to p ~ James
y
Lyons and Sydney S. I3axtcr for ccrtnin
serviccs rendered the Governnicnt;
which was read first and second times and referred to the Coininittee
on >he Judiciary.
Mr. t3rockcnbroug.h offered
A resolution instructing thc, Coinmittre on the Judiciary to inquire
into tlie cxpcdioncg of increasing the s:tlary of thc law clcrk of the
Departmcnt of ,Just ice;
which W:M r r ~ and
1 t~gi*cetl
to.
Mi,. 13arnwrI1, from the Cornmittce on Finance, t o whom w:ih rsefcrrcd
n resolution relative l o ;issistance to thn State of l<entuclry, ieported
arid rcc*oinrrinnctcdtho p:is~ag.cof
h bill to aitl tlic Stat(> of I<cnlii(iky,and for other paryo
which wns i w d first arid sccond tinics, cwgrossrd, rc:d :I third tiuie,
arid passctl.
Mr. Chilwford, froiii tho C'oininittce or1 Coinnierc'c, to whoin was
reforrcd
A bill to 1~cpe~1
tlio nct npproved E'cbranry 25, 1801, to tieol:~rc\:Llld
estthlish ttic t'rw ii:ivig:ition of tlw hfisqissippi Rivcr,
rcportctl tlic s : ~ n ihwk,
~
wkrd to bc disch:Lrgcd from its fiirhhrr cotlsickrtition, :ind t1r:~O I I i o bill lic on tho ttiblc; which \
Rlr. IliLI(~,fro111the Coiruiiiltco on t h e .Judicai:ury, to WIIOIII \t:tq
re fc i*rrct
A bill t o providv I'or tl ixwing jurors i i r ci.irnina1 msc:s,
rcportotl t l w h:inw I):i(*k :ind i ~ ( ~ ( ~ o i i i i i i i(t~h ii\:iw:igp.
~~l(~~l
0 1 1 rriotion o f R i r. h l o ~ r o o ,~ I I C bill w a h p1:tc~~l
011 t l r ~(':lletldar :Ltld
ordered to hi 1)rint(vl0
Mr. Ihilc, froin tli,. s:mw mninittccl, to wlio~iiwas r
A bill to :uncnd : ~ i i:let cwtit,lcd 'In : i d huiqhtient:iry to : ~ I I act
to establish thc judivi:il courts o f tliv (:onfctlrrntc St:Ltcs o f ~ ! i i ~ c ~ : * i c ~ i i ,
approved May twenty-tilast, cightccrr Iiitndi~c~l
ant1 iixty-one,"
reported the s n m back, with the recoirrnieridntion that it pis:, with : ~ n
aniendnien t.

b'

Air(1 th(. ( ~ i ~ c n t i ohni n g upon agreeing to the aln(~~&~lent,

whi
w a s to d r i h out t h t ~5 hole ol' the original ]>ill and to illscft in lieu
thcrcof the following, to wit:
l'ltc Coiqrexs of ihe Chfefederate Stales d o ewict, That the first section of the aboveentitled twt be, and t h e Fame is hereby, repealed; and to the end that the auses
mentioned in said first srction of tho act to which this act is an amendment may
be brought to trial M ithotit unnecesqary expense and delav, it shall be lawful for the
j u d p of the several district courts to interchange with each otller temporarily, a
thtl judge whoqe iiiterest in, or connection with, the causes aforesaid pcnding in
district court in which he presides renders him incompetent to try such cauuscs, 811
requeqt R U C ~interchange with the judge of an adjoining district, and the judge 80
requested shall, without delay, enter upon such interchange; and the acts and decisions of jut1pi.s so presiding by interchange with each other shall be as valid as if
done and pnfornied in the districts for which they were severally appointed
Sec. 2. The judges so presiding by ixiterchange as aforesaid shall canae it to be
enterrci on the record! of the courts in which they so preside that such interchange
has been made according to this act,

The vote was taken, and the amendment was agreed to.
And the bill as amended was engrossed, read a third time, and passed.
Mr. Hale, from the same committee, to whom was referrcd
A bill for the protection of loyal citizens who have destroyed their
property to prevent its capture by the enemy,
reported the same back, vith the recommendation that it pass with un
amendment.
On motion of Mr. Orr, the bill and amendment were placed on the
Calendar.
Mr. IIale, from the same committee, to whom was referred
A bill to amend an act to provide for the safe custody, printing,
and publication of the laws, and to provide for the appointment of
an additional clerk in the Department of Justice, approved August
5, 1861,
reported the same back, asked to be discharged from its further consideration, and that the bill lie on the table; which was agreed to.
Mr. IIale, from the same committee, to whom was referred
A bill explanatory of the _appropriation for removal of the seat of
government,
reported the same back, asked to be discharged from its further consideration, and that the bill lie on the table; which was agrcod to.
Mr. Hale, from the Committee on Military Affairs, to whom wa8
referred
A bill to amend an act to provide for thc public defense, approved
March 6, 1861,
reported the same back and recoinmended its passage,
The bill was engrossed, read a thiyd time, and passed.
zXECUTIVI? DEPARTMEXT,

Richmoizd, rJcmuwy 38, 1862.

Presidenf: The President on yesterday approved and signet1
An act to appropriate $850,000 to pay for ordnance, ordnance htores, and equipIllellt s;
fin act to establish an a ~ s a yo g r e at New Orleans;
An act to authorme the chilngr of the names of vessels in certain cases;
A n act t o proTidc for rccrniting coitip::Iiies now i n the hrrvicc of the Confederate
My.

States for twelve months; arid

An act for the relief of the State of illi~soiiri.

ROBEKT ,JORSI~~LY
N,
Privnte &emtar?).

JOUR.NAL OF THE

716

[Jan.28,1862.

Nr. Halc, from the same committee, to whom was refcrred a resolu.
tion of instruction to report] a hill to providc for thc :Lppointinent of
adjutants, commissaiies,.ctc., from the ranlis, reported t h o same back,
that the present legislation on the subject, in the opinion of the committee, was sufficient, asked to be discharged froni its further consideration, and that the resolution lie on the kable; which was agreed to,
Mr. Hale, from the same committee, to whom W\VRSreferred
A resolution relatin to furnishing the Army with gloves,
reported the same Fa& asked to be discliarged from its fnrther consideration, and that the resolution lie on the table; which was agreed to.
Mr. Hale, from the same conimittec, to whoni was referred
A bill to authovizc the Secretary of T\7ar to nuclit 3 r d settlc tho
claims of assistant quartormastct.s, coiiiinibsayics, and surgcons f o r
ser\riccs before receiving thoir appoi i i t i I icnts by thc Con fedcrate Stat Cs,
re ,orted thc same hack. aslscd to bc tliscllarp~dfrorii its further consi eration, and that the bill lic on t h c a t:Ll)l(x; \vhirlr X I S agrced to.
MY. Hdc, from t)hc same coniniittcc, to wlion~v * x \ rcfcrrcd joint
resolntions of tho legislaturc of A1:ihiii:~i i i rclalioii to the iiici~~iv:
of the pay of prirnto soldiers, iqortccl thc s:~inebacli, nslccd to bc tli+
chargcd from their furthcr coilsideration, arid that thc resolutioiih lic
on the table; which was agrced to.
Mr. Avery, fmm the Committee on Military Aflairs, to whom WLS
ref erred
A bill to provide for the organization of troops into brigades, mcl thc
appointnicnt of brigadier-gcncrals,
iq)ortrc\ thc ganio back, with tho rccolvinendation t,h:it it do not pass.
On motion, tlre bill W:LS p1:tccd on tlic Ca1cnd:~r.
Mr. W:ird, from tlic s:mc c*ouiniittco, to who111 \ w s referred w r h i n
rcsoliitioiih o f the lagi4dur.c~o f k1orid:i o t i t tic sri1)jwt of i x i 5 i i q troops
for lhe Coiifcclcvatc service, r c p o r t d that iii:isiiiucLh as tlic 1cgisl:rtion
oI Congross cowred thc su bjcct the coninrittcc i k s l t d to
clischnrgcd
froiii t h i r furtt-icy consiclevation and that tlic resolutions lie on the
txtl)lc; whicli was agrtxxi to.
>[I.. 1rYOr, f Y O l k l the btilll
I):~tt:dioiisof pontoA bill to :iuthorixc thc 11
rr iers tLtitl to iy)poilit h p g r
ivlric~liWIS i ~ first
d :ind scc

tSc~sol
I I tioi 1; w 1iich w:is rc;ttl
Tli~~f
t 1 i 1 . i ~Iinntlrcvl ( ~ ) l i i c ,osf tlic rei)o~tof tho Coinniipsioncr ol l k t cn t s
iul OF tlrc patc~ntC u i i c l , fifty of w l i i c ~ l is1i:ill IIP r c h i i i t d i i k
llltr of I:ltt.lrtY, O i l ( hIllrtircY1 t o I K L dPli\YYl
to t l l V 1iitlrc4 ~ n t llifty t t ) ilw (loiigrcw i i r u l w 1
h 1k.i tii;iinc~iif
( h i s t it111i o i i .

Also,
rosolnlioii to :miciitl :idwitxl vrmr i n
J I I , crit,ill(vl \ i i ic.1 10 : i i i i c i i l :iii :i<+
1(1
rig

:iiitl

iwic,

<)C

ii:ttt~iifs

for

c w I firht, :uid h ( v ~ ) i i dt iriic1s, etigro

dl r(w1 tllirtl tiiiie, :md

Also, :t hill to iiicrcme t l w d x r y of tliv i w o r d i i i g clcrk:: in tlic Patent

Otlic-c; w l k h WLS i ~ a dtirst rind sccontl t iniw :uid p1itcc.d 011 tbe Calen-

dar and

o l Y l i ~ l - c + lto

I,c

1LilltCd.

J a t ~ 24,
.
1X6J.I

tioil of MI,. Curry, Congress then reso]ved itsel

spent some time therein, again reso

On niotion of Mr. P r j or, t,hc injunction of secrecy was remove

A bill to airiend an act to raise an additional force to serve
the war, approved May 8, 1861.
Mu.Do Witt, by general consent, offered some papers refe
tho claim of C. Apple; which were referred to tlle Comm
Ciainis, withoiit being read.
Congress then proceeded to the consideration of the unfinish
nebs of psterrlag; which was the consideration of the motion of $1
Toonibs to strike out all but the last sentence of the first section of a
bill t o amend the sequestration act, etc.
31I-.Xonroe moved tq amend by stri!-ing out i n the first section the
woids "are hereby declared confiscated, cxcept so far as the same aTe
hc~.e:tftcrexcepted by this act, and all such property shall on rendition of the decree of confiscation be sold as" and to insert in lieu
thereof the words ('shall be collected and sold as," and to strike out
the words
but nothing in this act *hall be construed to authorize the *ale of any mere indebtednes? b y chose in action to any alien enemy eiiibracctl by this act or the one to
which i t is amendatory,

And to insert in lieu thereof the following n'ords, to wit:

but i n n o c a ~ shall
e
a debt 01 trtlier elm-e in action l ~ bold.
c

On niotion of Mr. Brooke,

Congress adjouriicd until 12 o'clock in. to-morrow.
EXECUTIVE SESSIOK.

Congress being in execut>ivesession,

The Chair presented t,o the Congress the following communication
froin the President:
RICIIMOSD,
Junuury 28, 1862.
To the I'reaident qf the Congress qf the Cocfedemte States:
I a& leave to withdraw the nomination of Joseph E. Lindsay, of Xorth Carolina,
to hc ~LII
assistant surgeon in the Xavy,arid to substitute in lieu of it the nomination of
Jalncv E. Lindsay, of Korth Carolina, late an assistant siirgeon in the United States
Kary, tlle latter being the correct name of the person intended to be nominated.
JEFFERSON DAVIS.

The request w:ts agreed to, and the nomination referred to the Comniittcc on ? \ ' a d Affairs.
Mr. Hale, from Committee on Xilitary Affairs, to whoin was referred
sundry iiorrlinations of officersi n &heProvisional Army from Arkansas,
reported back the same, and recorrlniended the confirmation of the following officers i n Arkansas iy$lents, viz:
Uaniel C. Goran, colonel Serond Arkansas Regiment.
Renhen
F Ha r\?ex-. lietltenant-colonel Second Arkansas Regiment.
."--- J. S. 1\Iarmaduk&"&lolie1 Eighteenth Aikansas Begiment.
James B. Johnson, !ieutenant-cc>lonelEighteenth Arkansas Regiment.
.I.V. Kerp, major, Eighteenth Arkamas Regiment.

The reuort mas concurred in, arid Congress advised and consented to
referred nominations of officer:

718

JOURNAL O F THE

[Jan. 29, 1862.

for Georgia, Mississippi, Virginia, Arkansas, Tennessee, Kentucky,

South Carolina, Florida, I lonisiana, North Carolina, and Texas troops,
reported back the same, with the rcconiniendation that tht, nominations
be confirmed.
The report was agreed to, and Congress advised and consented to the
nominations.
Mr. Hale, from tho same committee, to which was referred t h e
communication of the President of the 24th January, submitting a list
of nominations for the Corps of Artillery in the Army of the Confederate States, reported the sairte back, with the recominendation that
Congrcss advise and consent to said nominations; which was agreed to,
and the nominations mere con[irnic.d.
Mr. Hale, from the same comniittoe, to which Inid been referred
another coniniunication of the I'r(>sidciit of the 24th January, nominating officers in thc Corps of Infnutry of thc Army of the confederate
States, rcportcd h v k tlic same aiid rccoinnirnrled thc confirniation of
all hit 1). 1. Todd, of Louisima, first 1ictutclii:int.
The report w a s agreed to, Congress udvisiiig arid consenting t o the
smic as recomnicndecl.
Nr. Hale, from the snnie conimiitcc, to which had bccri rcferred tlic
nomination of Lricius 13. Northrop as Corniiiiss:,iry-(;cne~,~~l
and Satnucl
1'. Moore as Surgeon-General, reported the same back, with the reconirncndztion that they bo konfirnied, and aslicd that the report lie upon
thc tablo; wliicli was agreed to.
On rnotioii of Rfr. Johnson of hrbansas,
Congrcss rcsumcd legislative session.

Jarr. 29, 1S62. ]

YXOVISIONAL CONGRESS.

M y . Conrad rnoved that it be referred to the Conlmittee 011 t

,judiciary.
The motion was agreed to
311.. Xonroe offered
A resolution t o inquire of the propriety of providing b y law for
the retaliation of ignominious punishment unustly inflicted u on the
citimns of the Confederate Stztes by the ju gments of the gederal
Go\ erriment a d of the States thereof, and their military an
oiticcrs ;
which ww read and referred to thp. Committee on the Judiciary.
311.. 13roolie m o w d to reconsider the vote on the passage, of
,Iresolution authorizing the Attorney-General to correct a clerical
error in tlie engrossment of a bill to amend an act to establish a patent
otficc, eto.
Ihc, motion to wconsider prevailed.
ah.Broolio then moved to reconsider the vote by which the Congress
orde1.c.d the said resolution to be engrossed for a third reading.
The motion prevailed.
N u . Ur.ookc, by unanimous consent, withdrew said resolution and
introduced
A bill t o cxplain an act entitled An act to amend an act entitled
A n tLct to eutthlish a patent ogce, and to provide for the granting
and issue of patents fo r new and useful discoveries, inventions, and
(lchigns, approved May twenty-first, eighteen hundred and sixty-one;
which was read first and second times, engrossed, read a third time,
and passed.
Mr. f3rooke introduced the following resolution; which was read
ttiitl laid on the table, to wit:

ItPsoZi*ed, That the Secretary of the Treasury be requested to communicate 20 this

body (if not incompatible with the public interest) thc quantity and quality of cotton obtained hy hiin for tlie uee of tlie Confederate Stabs; whether thc same was
piir(*l~asccditli the bonds or Treasury notes of this Government, and at what price;
n l ~ owhether eaicl cotton has been disposed of, and i n what manner, at vhat
and at what price; also whether it will be necessary to makc any further
and, if so, t o what amount.

pure!%;

Mr. Davidson offered

11 resolution instructing the Committee on Finance to report a bill
for the benefit of deputy marshals;
which was read and agreed to.
Nr. Royce offered
A resolution instructing the Committee on Military Affairs to
itlquiro ns to the expediency of so amending the law as to permit
soldicrs t o draw waterproof overcoats in lieu of some other articles
of clothing now allowed them;
which WRS read and agreed to.
Mr, Staples offered
A resolution instructing the Committee on Financ,e to inquire into
the cxpediellcy of reporting: a hill aul .orizing an exchange of Confederate bonds f o r bonds of the State of Virginia to the amount of
S~,ooo,ooo,
said Confedcrate bc ids t o be appropriated to the COmpletion of thc, Covington and Ohio Railroad lying west of the h v n Of
Covington ;
which ti-as rcad arid agreed to.
AJr, T. R. R. &bb, hy general consent, introduced

7 20

JOURNAL O F THE

[Jan. 28, 1862.

A bill to repeal so much of the laws of the United States adopted

by the Congress of the Confederate St,atc.sas anthorim the naturalization of aliens;
which was read first and second times, c n g r o s d , read a third tinie,
and passed.
Nr,Maul, from the special committee appointed to examine into
the Quartermaster, Commissary, and Medical Departments, made a
report; which was laid on the table and ordored to be printed, and is
as follows, to wit:
mroiw.

The committee appointed under tlie rebolution of Congrehb to inquire into t h e

organization arid administratioii of the Xedical, Commissary, and Quartermasters
Dc artments, and to report what changc5 i n the laws and regulations are necessary
anBproper, beg leave to report t1i:tt after tlio pawage of the resolution they called
upon the Secretary of War and o1)tained his zc:rlous cooperation, mid provided with
letters from him, they visited the cleptrrtiii~ml~
rc.tcwwl tc), the priiicipitl army corps
and posts, hospitals, and depot\, erery f:icility tieing s f f o r h l f l i t ~ i i iby tlic officers
in charge for the favorable pro utiijn of tlic.ir iiiqiiirie\.
The rcvmlution comprises all
I t rrlt1tes to t h e supply a l l d
in the field or i n camp or that tciidH l o proniotcl tlicx l i ~ t t l t h
dicr; i t embraces the acliiiinistratioii of thc civil polity of llir
from its comniand.
Tho labors of these departnients penetrate the cntire military c~ttil~li~h~iient,
breathe
life into tlie Army, nurture its gro\r:h, give i t strength aiid eflic-irncy in t h e field,
. maintaining its hcalth, and facilikititig i t s n101 ements. Vigilmt, prepared, and
prcsent, i t niovrs nnnoticed amid the stirring evciits of the field, and, obwuretl b y
the dust and smoke of t l i r (mibat, it reiriaiiis iiiiobservcd e w n while collecting the
fruits of victory.

t
thc Ariny.
every ofliccr tittaclicvl to t1i:rt 1 ) q ~ : i r t i i i w thtoi~gliont
These rcturns arid eiif r i w v l i o w I 1i:tt clottriiig, minp and garrisou eqiiipage are
accuiiiulatcd at depots sitiitticvl i n l<ii*tiiiioiid,
Orlcwiv, Xtmi)liis, C:liarlestoii,
Savannah, Coliimbiw ( ( ~ C O ~ ~ I H 3lt
) , uitgoiiiory,
inton, ism Antonio, and Fort
Smith, to k dislributetl upoii rcqniqition to tlic troops in their vkinity. These supplies, together with shoes arid l)i:iiilwts, are on hand or have beeu distributed in
such quantities as, with the aid given by the contributions of States and individuals,

Jan. 29,1SG2 1

to place our troops beyond the danger of sufferingduring ihe prm

the experience of the past, the knowledge of the resources of the
t o husband, systematize, and render them available furnish
prospect for the future.
Llothi7Lg and cofrc.rrkutation,

It is t h e duty of the Confederacy to have the Armv well clothed, and to

end 110 commutatio~ii n money should be allowed &ti1 i t appears that the
has a supply of clothing at least equal to the amount allowed by the regulations.
If furnished from private resources with the principal articles, the commubti
lrio~ieydue might be paid to the captains to be expended, first, in procuring su
articles aq arc nrcescary to make up the deficiency, and the balance given to t
voluntew..
l k p u t a f o r supp12es.

The iiurnim atid extent of the del)ots for arms, ordnance, clothino and stores for
the cmsuiiiption of the Army should be greatly increased and esta#ished a t Secure
pl:tces near the ficlds of operation.
Railroad trmspoi tatzoii.

lie alJiUliiitof transportation required demands that every legitimate means should
bc used to increase t h e capacity of that branch of the service, and for this purpose
the cwiimittee reconmerid that military control be taken of the priiicipal railroad
ruL1tc.o teriiiinating at or passing through Richiaond, Nttshville, Memphis, Atlanta,
and all ioutes leading to the headquarters of our several army corps, which should
be placed under t h e direction of an efficientsaperinteiident, free froin local interests,
investments in, or connection with special railroads.
Great delay, inconvenience, and expense is caused by the iiunwrous unconnected
tracks which, if joined by links, short in distance, would not only increase the facilities for transportation and the capacity of the roads, but woulcl save much time,
labor, and expeuse i n transferring troops and freight.
There is a deficiency of rolling stock on the most used and important railways and
I)ranrhcs, which could be remedied under a proper administration and distribution
of stock taken from roads n here there is a superabundance and adding where deficient, thus e q u a l i h g the supply throughout the Confederacy. \Vherever desirable
for thcx public defense, t h e same stock should j i a s over t h e longest avxilable route, and
wlicn t h e width of the grades [gauges] differs t h o roads should approach to proximity
until a change of width would perniit the connwtion to he perfected. With proper
management the capacity of the principal routc>Fcan be incrcased to six trains each
way 1)er day with a n average speed of 10 miles an hour, n hile the present transportation is no4 above two trains a day, and the rate of speed not more than G miles an
hour.
Wagon tra?csportalio?i.

The corninittee are satisfied that the wagon transportation is inadequate, and if
tho Army was furnished with the full amount allowed by thc present regulations, it
would still be inwfficirnt. Our volunteers arrive in the service rumwd to canlp lifc,
incumbered by an allowance of clothing hardly sufficient for their need, yet beyond
the amount allowed by regulations; overtaken by discaae, and with c~xiveniences,
though scanty, yet forbidden by the frugality and thrift suited to the educated
soldier; when a movement is made, the line of march inay be traced by the cheap
comforts and e l t m blankets cast aside, to be deeply regretted by the soldier a t his
next camping ground. From canscs like these, much siiffcring has bew endured k)y
our troops in exposed situations, especially in Western Virginis, whcre the transportation was barely sufficient to keep subsistence enough for the daily ration nhile on
th,e niarch froin Jackson Run to Sewell Mountain.
Phe amount and necessity for accumulated transportation has been greatly increased
by permitting the Arniy to feed and forage upon the neighborhood where stationed,
each succeeding day widening the circle, which it exhausts, and to tllc same extent
protracting t h e distancc for transportation, in addition to deiitroying the sollrcc of
Supply by taking from the country its present subsistence and ~ t ameans for furnlfihing anotl~ercrop. This systein enhanccq the price of all products to the Army, and
the inhabitants, until, forced to abandon t!ieir residences, they elnigrate in pnrsuit of
cheap food, and leal-e their homes depopulxtcd.
By adopting a tllfferent policv, x i t h the judiciouc use of rail\Vays to penetrate
the proiluctive regions, and hy the aid of wagon transportation, coanetsting with the
neighboring granaries, the supply might be rendered regular, cheap, and of better
quality.
C J-YOL

1-01-46

722

JOTJRNAL O F THE

[Jan. 29, 1862.

I-lnspitals a?id stations.

Connected with and auxiliary to this subject, the cwmmittce advice that hospitals
and stations for the wounded, sick, arid conrxlebccnt ~ h o n l d1)s pro\ ided a t a dt~tance
from the camps or crowded cities, where\er pure air, good v nter, snd an :ibunclance
of food would recommend theiii; leaving for rhe uw of t h c able, a r t i w soldier a
large quantity of food and transportation, and removing from t h e Army an incvbus
which, with i t s limited transportation, renders rapid uioveinent impracticable.
Transport trains.

Transportation being tlie motive)power of the Army, without i t the moct thoroughly
organized and disciplined corps is useless and its services unavailahle. To be efficient
i t should be systematized and trained to a performance of its duties. Competent
wagon masters should be selected, aiitl an enlisted or h r e d numher of teamsters
engaged, who, by their skill, attention, and adaptation to this sewire, M o d d faithfully perform their obligations.
The custom of detailing voluntcc~rs f ( ir this service is fraught with trouble;
horses, harnesp, and mapons are ntglectetl uiitil a nioveiiient is required, when t h e
death, diceace, or starvccl condition 01 the 110
of wagons rciider it ltii1!o~~iIJ!c,
or iti perioi 11
sick, lobs of I ~ g g a g cto tlic n ell, ant1 dimmi1
matured arc thc probal;le rcaults.
I u y m r i i t of tioop, and c ? c d ~ t o ~ ~

Admitting the eflicieiiry of tlie Quarterma rs Department, as a t present constituted, for w peace e.tabli-liment, to bc cqual to the dutiei with
it would be relieved of ninch of the embarrasbrnent and coiiipli
magnitude of the prcbent war, should B separate pay tlcpartnieii
Some discontent has arisen among the troops froin a fnilure to pay them TI. it11
regularity, pslrticularly a t posts and places disbnt fioni lieadquarters or the honies
of tlie volunteers. To detail an instructed aiid expericiiccd quarternlaster froin
lenre a post or iinportaiit, position
, and to wnd a n officer IICW to t h e
rc5ult in injury to tlie departnient,
)I (io\cwiuient; it

iq

particulitrly

RO

\\ith its Ariny.

To 1ii:iiiitaiu ail al!untlaiit

paraiiiouitt duty of t,ho Coiiin
subordinate. To cconoriiizc

. ttw soldier is tlic

Jan. 29, 186,31

IROVIRIONAL COXQRESS.

72

bnrsenicnt by \~ell-anthenticated.ienticate~laccounts are important considerations, brxt even

tlleze must yield to the oiic great object of military administration-to keep tlie soldier
in fighting condition at all tiiiics arid under all circumstances.
Wit h o d systeni i n the administration of this department, the most fertile keniug
\ ~ o u l dprove powerless, and the most abundant resources insuficient; yet, so varying
are the circuni+mces attending active warfarc, so much influenced by the character of
the opcrationq, the resources and extent of the country, t h e dispositioll of t h e population, t h e coiifidence and credit i n t h e Governmcnt, that far more reliatice must be
elligence, the ability, and the zed of the commissary tllan upon
heti for general guidance. I t is in availing himself of every
rvcry opportunity, i n guarding against all risks, and propiding
that the highest qualities of a good officer are u t t o tho test.
runiors or trust to probabilities; he inlist depcnzupon his own
judgment and energy, and, by exerting all his foresight, skill, and decision, anticipate tlic n a n t of t h e troops in whatcver position they inay be placed.
T h e niachincry, perfectly adapted to a season of peace and a country replete with
resources, would entirely fail, during a state of war, with the ordinary source of supply stopped or diniiniihed.
The returns of this department show that although its chief supply has been
obtained within the Confederacy, heretofore considered insufficient to support its
population, 1%
ith a n untiring, vigilant, and remorsele~senemy surrounding and
endeavoring by ever!. means to starve as m ell as subjugate, we have had our Army
well fed, and 15 ith a n amount on hand so lar6e as to place us beyond the reach of
want for the ensuing campaign; and trusting in a kind Irovidence for our usual seasons, and the preparations that are made throughout the Confederacy for the next
crop, we need fear 110 coming want.
PloChabZlky agent$.

To protect the department against the fluctuations and combinations of trade,

which are considered legitimate and generally used against the Government, where
it enter> the market a4 a n open purchaser, the Conimissary-C;eneral should have
power, \i-ith the approval of the Secretary of War, to e e l k t agents from able and
practical business ineii to make purchases a t distant points, and a proper discretion
allowed them, vithout referring to the department for confirmation.
Rutions and cooks.

The ration, ac restricted by the regulations, is in many respects unsuited to the

habit of our volunteer force. Ricc and corn meal, hominy, peas, tea, milk, molasses,
arid \-eget&les (particularly potatoes and onions) should be distributed whenemr
they can be reaqoiiably obtained, ant1 substituted by a scale to be prcpared by the
roniniisrary foy the ordinary ration. Flour should only be given in cases of necessity,
or v hwc oren4 R y e wed by the company or regiments. Bakeries should bc establishetl for hard bread at placeq convenient to the different army corps. Ovens should
be (1rectt.d in erery regiment and loaves of bread distributed, so as to maid the
~
nnn-holesome inass which constitutes the ordinary specimens of cooking I J Southern
soldiers. Cooks should be hired or enlisted, a t least two to each company, so that
well cooked, wholewine meals may be regularly served, and the cooking inspected at
each meal under the direction of the vfficer of the day.
To insure small comforts, the committee recommend that two or three cents per
day be alloned each volunteer, to be disbursed by the captain; that the ration of
coffee 2nd sugar lie increased to 10 Itounds of coffee and 1.5pounds of sugar for 100
nien; that the Furplus rations he under the charge of one of the sergeants, whose
duty it shall I)(> to sell them and purchase vegetables and other food not supplied by
thc Government, for the benefit of the company.
IffXP&<l8T f l t k O l l S

The regi1lntions provide that the rations not consmned in the hospitals shall be
coiniiiuted i n inoiiey ant1 constitntr n hospital fund from which articles for the sick
may b e obtainect. Under this regulation no money has brcn furnished the regimental commissaries, aiitl the sick are unprovided for or forced to use the ortlinary
ration of beef, bacon, and coffee. Thiy neglect calls for an immediate remedy.
Sutlera

The comfort of tlie volunteer would be consulted by a definite nurnbel of sutlers

judiciouslg bclcctcd, properly restricted, and a tariff of price8 with moderate profits
adopted.

724

JOURNAL O F TRE

[.an. 29, 1662.

Much information has been obtained by the committcie from the Coiriniissary
Department to be submitted to Congress, but the answer of the Coniiiiissary-(;eneraI
to tlie resolution of Congress, induding all that is iiiiportant and in iiiore e l a h r a t e
form, the committee beg leiwe to refer to that communication f o r tlie routiiic of
piirchase, etc.
%IF:DICAI, I)LQA I ~ T MENT.

In relation to the iMedical Departrnent, i u its organization and administrat ion

your comniittee report that there is, in the laws regulating that tlepartment, n o 11ant
of poaer lur its efficiency, antl, except in a fcirI)articulars, no necessity foi a clialigc
in the regulations which control it.
The authority of the Burgeon-General is amplo in the direction of the atlnii
tion of his depaituient, and under ortliiiary circumstances the medical staff
halls sufficiently numerous; but i n visiting thc camps ant1 hospitals your corn
were deeply impressed with tho intlilrqnacy of thc prcparationq w i t 1 provisioil for
the comfort of the sick soldiers, as \vtlll ns tlie obvioiis ratixs for tlie iinusual aiiionnt
of disease prevniling amongst the troops. JIiicli is to be ascribcd t o t h e nature of t!rr
service and the persons who compose 1 1 Army.
~ ~
The volunteers, when a t hoiw,
were not g e n t ~ a l l yaccustomed to care for themselves, usually living in families who
provided or their comfort and nursed thcni in rickncis, iiiiusetl t o exposure ant1
eiitirely nrrscwxstomed to tlic preparation of tlirir food. IBlien, iii :id( lition to this,
it is consitlerccl that the summer waq uiiusually rainy and that a w r y 1:trg
tion of t h e iiien contracted tlie nimsles in tlrcl cnrnps, i t coiiltl riot> l w other\
that there should be great suffering and greut mortality. It i s the peculia
teristic of measles that t h e system is Irft lirtble to the invasion of the most formitIal!lc
diseases upon exposure a short tiiiie after unclergoing an attack. Fever, pneunioiiia,
and diarrhea, t h e scourges of camps and armies, follow in the wake of measles \I Iwre
the convalescents are exposed to cold axid wet, and when to this we add nnsui table
diet, badly ventilated tents a n d 1ioPpitalsthere can he n o surprise at the number of
sick in t h e Army, as we11 as the great suffering aid distress.
Your committee found in sonic reginients but one surgeon or assistant snrgcAonsotnetiines a private cletail~tlfrom the ranks who happened to be a physician-to w h o m
a number of sick, too g r w t for any one ni:in to attend properly, [wcre] placed untl(Jr
his care. The diswt~wprcwlcnt i n thc: Arriiy ai cx c m i p iever, ineatilcs, pnennioiiia.
iliarrlicvt, ant1 tlgscwtc~ry. A l l of them partook of tlic tleprcviiig cliaracter oi t lit'
cairip fever, being of :I typhus tcntlciicy. 111 b o i i i c ~ loc:ilitic,u t l i c typlioitl r(
found grwtly :tcgrawtctl in its progcbs bv the general niciri)id i n h m of~ tho
~ at
~ ti105-

Jan. 2Y, 1862 J

PROVISIONAL CONGRESS.

Third. The great insufficiency ot transportation to be deyoted to the service of the

>fudical Department in t h e camps and at t h e hospitals. A great increase is iiidispenrable; t h e \\ant of i t has protlnred iiiuch of the mortality and iiiuch of t h e wffering.
Sirk men, on the advance of the enemy, are crowded into common wagons and amblp
lances, iiioved rapidly over bad roads, jolted and rendered uncomfortable, their mala-

difficulty which obstmrted evei y effortof friends to find and identify those to who111
thcir attentions hiere so desirable. No legislation is iiecrssnry to cure this eyil. The
fault is with the surgeons and the offirers of the rrgiuicnts and the posts. Their
authority is coinplete, arid the evils referred to arise from the want of its exercise.
I n none of the hospitals nerurate lists of the sick, conmlrscent, discharged, and dead
have hccm found, but i n a T a p t majority of instances t h e lists, instead of being made
f i om regimental retnrns accompanying the sick, have been t h e result of inquiry and
olmrvatioii 1)y the hospital surgeon. When to this is added that the absence of the
descriptire roll prevented the sick from the use of their pay i n the purchase of conzforts for theniheli es, 37onr committee feel it due to truth and justice to notice this
neglect as seriously injuring the service.
Kith. The indifferent, as n-ell as the unwholesomr, food provided for the sick, and
the u w of 11 liich by we11 nieu made them sick, attracted the attention of the co~nniittet.. The rations were wholesome, sound, and abundant, hut the cooking, par-

nir~diriiics. The great nyajority of tIie tkaths result from the want of proper nutrinient, w c h as the iinpsired digestion of the patient can assiniilate and without which
it i H impossible lor hiiii to recoyer. At Norfolk, a t Staunton, and Charlottesville the
the condition of the sick by irnprovecl nutriment, comfortable hosital surgeons TI erc strikingly apparent. The sickness aiid mortality
in<onsiderable, because of the fresh vegetables. the good bread, good
lioLl)itals, and all the comforts necessary for tlw sick.
hixtli. The cetablishmcnt of a corps of nuwcs for the camps, as well as the hospitals, \\-auld <lo ~ i i u c hto mitigate the el ils incident to the condition of the sick in
c'allip-. Good nursing is of equal value t o medical attention. Without i t the best
skill is oftcn unavailable. Constant attention and control of the sick can not be dispcnsed lrith, and t h e faithful application of rcniedies prescribed can not be expected
fro111the attention of casual nurses. Our yolunteer army arc unaccustomed to Such
duties. and me shall Tainlv lonk for great iinproveinent without the presence of constant and competent nursis for the &ck.
Much of the insufficiencyof the medical staff is to be attributed to unavoidable
evils i n the inode of appointment in the sudden organization of so large an arruy.

726

JOUi-lL

O F THE

[Jan. 29,1862,

It was impossible for the head of this bureau to be thoroughly infornied of the fitness
of a plicants for the position sought by them in t h e medical staff. He x a s neces-

sarig- dependent upon such means of inforination as the circumstances ~ ~ o uailow,

ld
and depended mainly upon the reconiinendations of the field offkers of the regiments t o which the surgeons and tl
ants were to be assigned. In this ]lay
many very young and inexperienced
ere rccoinniended arid appointed, and
much evil resulted from their wai
ification for their duties. The older
and best of the physicians of t h e country n ere not usually applicants for the places,
and the selection was to be made fro111those who ofiered their services The ilktory
of the war, up to a month or two since, has fully tlrvelopetl this w i l , and the institution of a board of examiners, i t is hoped, may affortl sonie ~ e n i t d y . The bervicc.
demands t h e bcst talents antl the iriost enlarged experience, and thc greatest circnnispection is indispensable i i i assigning to such responsible duties those who seek
appointiiientv i n the medical staff.
The want of medical stores is thc result, in R great riie~s~iie,
Oi tht. existing blockade
and the expense antl difficnlty i n procixing those foreign nieditines M hicli tire
indispensable for tlie pick, and i t i, but jn4 to 6ay that great ant1 unuhuallj succersful
efforts liavc been inade by the ctepartiiieiit i n o1)taining them.
Tho hospitals established by inany of the Slatw for tb(1 sick and wonndeil, and the
admirable manner in ~4 liirlt tlicy h:tve I)ccri contluctc t i , (1
strwlcs that, Tvitli tlie
same (arc 011 the part of the Confderate (iovcrnnient, tll
liiioii 0 1 tlic sick ant1
the prospects o l r c w v
I)c greatly inipowcl. 110
100111 :inti a n int.reare
of hospital snrgeonr a
Its art greatly Ilc~cYled.
I n connt~4ion11ith
of Ihc c~oiiiniitteeupon the means I)cst aLlnprcvlto tllc
preservation ol thv licaltli o f the Arniy and thcl rc4oration of tlic cic
call attention to the
ity of providing mine prarticaal, \ i i i i p l c x , zntl
obtaining furloughs
k soltliers to visit tlicir homcs. Tlie rcyyilat
the certiiicale of the
on of rrgimcnts or hospitals, \\-henthe sick are far distant
from thoir ccuiiiiand, and tlie certificates of coniniaiitling officc~sopposing tlie application, is, in a large proportion of the easw, a virtual tlcnial of the pii\ ilege. Obser-

t t t l i o n ~ ,1i:ii P c8:irritd ck:tnliii<+ znid comfort t o thr~gallantwltlier far from I i o 1 r i c ~ : m d

kiri(Iw(1. To 1fie wo~iicno f tlic. (wantry siniplc ~~ratitiid~~tlc.niniicls
that piil)lica thanku
ltr givcti, iintL ii public nc.l;rtowlcclgiiiaiit of their iaithfnlness iii tlic glorious work of
c~~iiiinittcc
visild :mi cu:tniinccl tht.
v1111io11d.rlli(x bit,l< ant1 tiuntlccl v PI
I i\21s both !\hnic t.OlIl(\ i l l l d alllpl<~. TI1
of tornplaint 111 t l i c b ciiitirc. i i i ~ ~ i i ~ ~ ~ ~ , i iIIolli
i ( ~ i i iiic~lic.:iL
t.
a l t e i i t i o n antl the supply of
y deniancletl.
necwsaries for looti \v(~rcscrc.11 jii,<ticc antl 1~n111~i1111
I i c ~ ) x c ( i o t t(aid ? c p i ~ t l r

The hcnltli, comfort, and c~ffic*ic~ncy

of l i i t \ A 1 ~ i i yrcwlt lcqy fro111defects in Irginlation than the proper c~iifoicr~riirnt
of tht. wgul:itinriY antl :L regnlar and thorough
syslcin of inspection.
The olficcs of adjutant and i n s p t ~ t o gcnrrah,
r
nom nuitetl, have distinct antl sepa-

rate duties.

JOURNAL O F THE

[Jan. 29,18@2,

A bill to transfer furids from the Q,unrtermasters to thc Ordnance

Department ;
which was read first and secoiid times.
Mr, T. R. R. Cobb moved that the bill IJOplaced on the Calendw
and printed.
The motion did not prevail.
And the bill mas engrossed, read ft third tiiiic, and p s s e d .
Mi-. Halo, from the Committee on the Jndieiarj-, to whom was
referred the etition of H. Y. Gray, reported the bai~ioback, asked to
be discharge from its further consideration, and that tho petition lie
on the table; which was agreed to.
Mr. Hale, froin thc s:imc cotimiittec, to svhoin was referred a inemorial relating to the complctioii of a railroad iiilcxas, reported the same
back, asked to be discharged froin its further consideration, and th:it
the memorial be referred to thc Committee on Military Affairs: which
WRY agreed to.
On motion of Nr. I-Talc, Congress rcsolvcd itself into cxocutive session; and lieiring rpcnt some tune therein, a p i n rosolrcd itself into
Iegislati~-asession.
Rlr. Pryor, froin the Coiniiiittce on Militzzrp hffairb, reported and
recotiiiiiendcd the ,assage of
bill to 8men n i l act entitled An act foi*tlic csbblishxucnt and
organization of n general staff for the Army of tho Confedcratc Stntcs
of America;
which was read first and second timcs.
Mr. Avery iriovecl that the ?)illbo placed on tlw C:Llcizdnr and printed.
Mi.. Chrnp1)cll nioved that ttia cwisideration of thc bill Iw indcfinitcly
postpo1tccl.
The triotioti provuilcd.
Mr. Ifalo, f i ~ tho
n Cotiiinittcc 011 It1 ilihry Aflxirs, to wliom was
rcferi*ed the. Iwtition of .J:LL~~cs 1. Owen, wting :ihsiht:Lnt surgeon,
rc ortcd thc s m w hack, :tsktd to 1 ) r1iwht~rgc.d
~
f r o m its futthcr consi cmtioii, :mi tlint thc pctitioii h I 1 . 1 d to tlic Coininittcc on Claims;

cp

cr

Jan. 30, 18G2 I

PROVISIONAL CONGRESS.

Co11gr1.wlhen proceeded to the consideration of the unfinished busi.

11 1iic.h was the consideration of the amendment of Mr. $tonroe
to tlic tirst section of a hill to amend the sequestration act, etc.
Mr. OIT,from the Coninlittee on Engrosament, reported ah correctly
engrossed and enrolled
An MC!, to aid the State of Kentucky, and for other purposes;
An act to aniend an act entitled An act to provide for the public
defcn+, appi*ovedMarch 6, 1861; and
An act to aniend an act supplemental to a11 act to t
judicial courts of the Confederate States of Ainerica, approved May
21, 1861.
On motion of 111~.Seddon.
Congre ~sthcn adjourned until 1 2 oclock i n . to-morrow.
rich>;

EXECUTIVE SESSIOX.

Congress being in executive

Mi.. fT:tle, from Committee
Judiciary, to which had been
refciwd the conimunication of t,he PreJdcn t of .January 14,nouiin:atiiig nr~rslialsand district attorneys for the State of Lenncssee, reported
the smie back, with the recommendation that Congress :idvise and consent to the sltnie.
Xr. Jones inomd to postpone the consideration of thc confirmation
of ,J. C. Hninscy as district attorney and J. 11. IIalo a x marslid of the
eahtern cliitrict of Tennessee.
d also the noriiiiiation of Sohn 1,. Sehon as district attorney and
13. Clernerits as marshal for the middlc district of Tennessee.
ic inotion prevailed.
13. 31. Estes as district attorney and 15. W. Gatos as 111arhlit~l
of the
western district of Tennessee were confirmed, Congress advising aiicl
consenting to the saine.
Congress then resolved itsclf into legislatiw

FIFTY-SEVENTH DAY-THURSDAY,
OIEN

~ A N T J A ~ 30,
W

1862.

mssrox.

Congress met pursuant to adjournmt:nt, and WAS opened with prayer

by the Kev. Mr. Butler.
Congress then resolved itself into secrrt session.

Congress being in secret session,

Mr. Johnson of ArkansaH prescnted a communication on the siibject
of a flag; which was referrcd to thc Coinniittec on the Flag and Seal
of the Confederacy, without being read.
Mr. Garland introduced
A hill snpplenicntary t o an act to fix the pay of ~ t t c n i b r wof Congress of the Confederate States of America;
which was read first and second times and referred to the Committee
on Pay and Mileage.

730

JOURNAL O F THE

[J,m SO, 1862,

Mr. Howell Cobh offered the following resolation:

Ilesolued, That the Coiunittec o n Prinlirig bc instructed to prepare and report a
bill providing for, a t an early clay as practicable, the publiratiori of tlir jouriiiil o f
the conventiaii that adopted the proiTisiona1 and perillanent Coiietitutioris of 1l:e
Confederate States of America.

Mr. Perkins moved to amend by striking out at an curly ~ : L..J :LS

practicable and inserting in lieu thoreof foy futurc, publication.

Mr. Hill moved to lay the resolution and amendment on the table;
R7hen,,
Mr. Howell Cohb, a t the instance of the State of (feorgis,,demandccl
that the yeas and nays of the wholc hody hr rcmrdcd thcrcon: which
are as follows, to wit:
Alabama-Yea: Messrs, Curly, Cliilton, Il;~lo,mid t J o ~ i e ~ Nay:
.
MI.. McRae.
Arkansas-Yew Mr. G:uhnd. ,UiI\.: Mtw,r<. l?homitson and \Tatkins.
E1orid:i- Nay: Mwsr
Georgia-Yea: Mr.
, 1I O W C ~ l l COl)t),,
For(?rntlll,Crslvford, &I1
Kcntucky - Yes: hlessrs. Monro(\,,Joliiison, Ilioriias, atid l\liitcl.
Lonisiana-Yes:
Mr. (hrirad. Nay: M m \ r G . lt1i.kinr. I)c (loiiet,,
and Icenncr.
Mississippi-Yea: Messrs. IIarris, I3rookc, I I ~ L Y 0 1 1 , i L l d C:anIp\,ell.
Nay: Messrs. Orr aiid Bradford.
Missouri-Yea: Messrh. Conrow, Vest, anti Frccrnaii. Nay:
CLrk,, IcJton, and I3ell.
North Carolinti --Yo:t: Messr\. l):tvis, A v c ~ ~Sinith,
,,
ltritlin, XcDowell, mid Mordie:tcl. Nay: M ~ b b r b .Vrrinblc n i i d ihvitlson.
South C:trolina-Ye:i: Mcssrs. 13ariiwcll t w l 1 % ) ~ . Xq: 11.11..12hctt.
Tcnnesscc-Yea: Mcssrs. llouse atid Curriu. N:LJ-: JL
Do W itt, tind Ihoni~s.
Tcxns-N:~y : Messrs. Waul, Olclharn, and Ochiltree.
Virgini:L-Yea: Mc4si.s. Siedtlori, Scott, rJoliiistoii, Hi~iplcs,: ~ n dWdter Preston. N t ~ y :Messrs. ;Li:icfurlaud, 13ocock, Ihtclcr, I3roclwilorough,, and lZnsscll.
Y c x Alsbarn:i, I < e i i t ~ ~ ~ kMissi.;bippi,
.v,
Noitii (hi*olitm, : i i d South
C:irolina, 5.
Nay: Alka;ns:ts, I%rith, Grorgin, I , t n ~ i & i i : ~ , lcniic
Diviclrtl: Missouri :~ndVirgiiiia, 2.
So t h c iiiotioii to 1:iy on the tthblc did iiot prevail.
rf : lhc.

Irc4clcnt on ycaterclay approvc

:wt nup~plt~inetital
to :in act to

licirtt :HI

An act to :tincii(1 :in :I( I ontitlcrt h i a c t to providc for

approved &la1Cll (i,1 Hti I , $1 ko
An act to aid the Stntc of I<c~ntric~Icy,
aiid for ot,l:cr pui p

{kit.

pnl)lit. tletcm\c,

An act t o cspl:iiil an a(% rutitled An act to :uii(:nd an act entitlcd

An twt to ostablish 8 p:ztciit officc, ant1 to provide for the granting
and issue of patents for ncw aiid iiseful dibcoveries, inventions,

Jan. 30,1862.1

PROVISIONAL CONGRESS.

131

improveme] ts, and designs, approved May twenty-first, eighteel,

hunclrcd and sixty-one;
A n act to transfer funds froin the Quartermasters to tlle Ordrlallca
Department ; :tnd
A n act to repeal so much of t h o laws of the Urlited States adoljed
by the Congress of the Confederato States as authorize the naturalization of aliens.
ilnd the question being upon agreeing to the amc~l;dmcnt of Blr.
Perkins,
Mr. Rome11 Cobb, a t the instance of the State of Georgizi, demitllded
that the yeas and iiajs of the whole body be recorded thereoil, >~n(l
pending the vote on which, the inorriing hour having expired,
hlr. Russell, by general consent, was allowed to introduce
A bill to amend an act to provide for local defense and s p c ia l
service;
which was rcad first and second times t ~ n dreferred to the Coininittee
on Military AEairs.
Xlr. Ward, by general consent, o8iered a conimunication in reli&ii
to tile completioii of a railroad in the State of Florida f o r inilihkry
piirpo\es; whic,h TI 21s rc:fcrr.ed to the Coiiimittee on Military Afkirs,
without ltcing w i d .
Mr. Hale, froiii the Coininittee on Military AWnirs, ~ ~ i o t o~ 1mtt l
pone the special order of the day, for the purpose of taking up
A bill to provide for connectiig the Richinonci i ~ n dDanvillc arid the
Korth Crtrolina Railroads, for military pnrposes.
The motion was agreed to, and Congress proceeded to the considcration of the bill.
And the first section of tho same being under consideration; which
is as follows, to wit:
Whereas the President in his message to Congress on the nincteenth day of Novcmber, eighteen hundred and kixty-one, has esprrssed the opinion that the construction of a railroad between the Richmond and 1)alirille Railroad at or near D a n d l e ,
in t h e State of Virginia, and the Sorth Carolina Railroad at or ncar Gremsl)orougli, in
t h e State of Sorth Carolina, so as to connec-t the said roads, is indispensable for the
most successful prosecution of the war, in which opinion Congress fully concurs:
Now, therefore,
A i s enricirtl by the Congress qf the Conjederute States of ,lmericw, That the President
be, and he is hereby, authorized and empowered to contract, upon snch term and
conditions as he may think proper, with any company or companies which have
been or mav he organized for the purpose of building a railroad 60 as to connect the
said Richlr;oiid and D a n d l e Railroad 1% ith the North Carolina Hailrodtl a t tQUC11
points as he may deem inost advantageous to the Government, or to adopt such other
course for building or having the said road built, so as to effect the said connection
i n the manner he niay think will best promote the public interest.

MY. Dayis inoved to amend by striking out the word said where
it occurs before the word Richmond.
The ainendmeiit mas agreed to.
And the second section of the bill being under consideration; which
is as follows, to wit:
SEC.2. Be it furtiler enacted, That to enable the President to accomplish the object
contemplated by this act, the suni of
dollar6 are hereby appropriated nut
ol any money in the Treasnry riot othermise appropriated, to be drawn for b y the
President a t +uc.htiiiies and in such sums as he may deem proper.

Mi*. FTale nloxred to fill the blank i n the s:mie with the words one
million of dollars in honds of the Confederate States.
The amendment was agreed to.

734

JOURNAL O F THE

[.Jan. 31, 1862.

And t h e question being ixpori ordering the l d l to hr erigroxsed for a

third reading,
3Ir. Toomhs, at the instance of the State of Georgia, domirnded that
the y e w and nays of the wholc body bc recorded thereon; which are
as follows, to wit:
Alabama-Yen: Messrs. Hale and McRac.. Nay: Nessrs. Smith,
Curry, Cliilton, and ,Jones.
Arlrmsas-Yea: 1lessr.s. ltust and Tho111ason. Nay : Messrs. Garland and Watkins.
OTVC~~.
Florida-Yea: Messrs. Morton m d Ward. Nay: MI'.
Georgia-Yea: Mr. Hill. Nay: Messrs. Toonib,, Forenian, ( h w ford, and K m a n .
Kentucky-Yea: 1111.. ;l.io~iroc. Say: Mr. 11. C. IZwiiett.
Louisiana-Yea: Messrs. I k Clouct, CorirLid,:mi Xiciincr. Lay: Mr.
Perkins.
Mississippi - Yea: Messrs. f Iarris, I ~ J . o o ~ c arid
~ ~ , I h c i f o r d . SLY
:
Messrs. Or!., Harrison, 2nd Cnmpljell.
Missouri-Yea: Mcssrs. Clark, Pcyton. Conrow, Vest. :md Bell,
Nay: Mr. Harris.
Berth Carolina-Yea: Messrs. h ~ e r gVennXde,
,
Norehcad, I'iirycur,
and Davidson. Say: Messrs. Davk, Buffin, and ?JcDowcll.
South Carolina-Yea:
Messrs. Menimingcr and Boycc. Nay:
Messrs. Rhett arid Barnwell.
Tennessee-Yea: Mr. Currin. N a y : Nessrh. Housc, Jones, and
Thomas.
Texas --Yc:L: >It
W:~ul:~iidOchiltrcc. Kay: BIr. Oldhani.
Virginia-Ycs:
rs. Scdiion, IIuntei', 13ocock, 12;vcs, Scott, m d
Broc1ccnl)rougli.
Yea: Florida, Jm~isi:mi, Mi ) i w i , h'ortii Carolina, Texas, and
Virginia, 6.
Nay: Alabania, Cfcorgia, and TcnIicsscc. 3.
Diridccl: Arlmisas, ICrntucky, Miwissippi, i i i i d Soul 11 C;~rolin:i, I-.
So thv Congress rcf
to ordcr tho bill to hc engrossed for it- third
readi 1I g
0 1 1 motion 01' Mr.
1'L o'c.1oc.k 111. t 0 - 1110 1 ~ 0 1 \ ~ .
Congress tdjoiiriic

J m . 31 l b h 2 1

PROVISIONAL CONGRESS.

735

And Mr. Cobb having modified his resolution by accepting the

:~nicild111entof Mr. Perkins, withdrew his call for the yeas and najs,
and the question being upon agreeing to the resolution as modified,
tlic vote was taken, and the resolution was adopted, and is as follow??,
to n7it:
Kesolietl, Tll2Lt the Cornniittee on Printing be instructed to prepare and report a
bill providing for the tuture publication of the journal of the convention that
ac!opted the provisional a i d pcrniarient Constitutions of t h e Confederate States of

Auierica.

Mr. Foreman presented the prcswitnient of the grand jury of the

district court of Georgia; which wa5 referred to the Committee on
the ,Judiciary, without being read.
hir. Pcrliins presented two designs foi. :I flag; which were referred
on Flag and Seal of the Confederacy.
ing resolution: vhich WRS read and agreed to, to wit:
I?esolred, That the Committee on the Flag and Seal of the Confederacy be instructed
to i n q u i ~ einto t h e propr
i ro changing the Confederate flag as to make it more
e a ~ yto bc dibtingnislied
that of the United States.

Mr. Bradford prewited a coinniuiiication relative to a change of

ciglity t i n d iiieasures: which was referred to the Committee on Comiiicrc4:11 arid Financial Indrpcndence, j*;ithout being raid.
Blr. Brooke introduced
A bill to reimburse the State of Mississippi;
which mas read first :md second times and referred to the Committee
o n Finance.
Mr. Vest introduced
A bill supplenicntauy to and amendatory of a n act for thc r,)lief of
lid second tiincb :uid relerrcd to tlie Committee

Xr. Coolie presented

A hill to enconrsgc enlistinc~ntr Fur tho Conicderuto Army i n tho
State of Jlissouri;
hicli I\ :is read first arid sucoiid tiines and referred l o tha Coiiiinittec
on Military Affairs.
Ah.. Harris presented a design for a flag; which was referred to the
Cornmittcc on the Elag and Seal of the Confederacy.
MY.)Tau1 inored to reconsider the vote by which a bill to estahliih
t ~ organize
~ d
a general staff for the Army of the Confederate States
was indcfiiiitely postponed.
Mi.. Currin introduced
A bill to establish a po,Aroute from Shelby Depot?,in Shelby Connty,
Tcnn., to t h e town of Portersville, in Pipton Gotmty, renn. ;
which as read first and second tjines and referred to the Cotnmittcc
on Postal Affairs.
Mr. Ochiltree moved to take up for consideration a bill on the G d cndar to fix t h e rank and to provide for the pay of certain officers
therein named.
The iiiotioti was not agreed to.
Mr. lorcman moved to reconsider the votc just taken.
T h o motion t o reconsider did not prevail.
Mr. Boyce offered
A resolution instructing the Committee on the Judiciary to icyuirc
BS to the expediency of prohibiting members of Congress and Oov-

736

JOUBNAL O F THE

[Jan. 31, 1862.

ernment officers and agents from iir&irig and being interested in Government contracts, ctc. ;
which mas read a i d agrccd to.
Mr. Orr presented thc inenlorial of 8:~muclW. Dalton; which was
referred to the Conimitteo c)ii Clainis, without being read.
Mr. Harris of Nississip1)i introduced
A hill entitled An act supplemcvital to :in :Let ciititled An act i sic. J;
which was read first and second tiiiics and referred to the Coinniittcc
on Militwy Atfairs.
MY.Boteler presented a ilcsigti for a flag: whic:h was rcferrccl to
the Committee on the Flag arid Seal of the Confederacy.
Also, the rneiriorial of lhonia5 ;liw4in : which wes refcrred to the
Committee on Claims, witlio~itbeing i-cnci.
Mr.. Macfarland prcscrited :i de+n for i t fliig; which w:ix referred
to tho Conmittce O I I thc Flag witd S c ~ of
l tlic (hiifederacy.
Mr. Chilton offered tlie following rcsoliition; which was read and
agreccl to, to wit:
lieaolued, That tliv Coiiniiittcc,on Militarv .iffairs bo instrwtctl to pi cli:~rcwit1 rcymrt
a bill for t h e digesting arid publishing, T F i t l i a I)ropcbrintlcx, ol all the lans atloptctl
by the Congrehs of the Confederxte Slates o i i t h v subjetst of raixiiig mti cqilipping
troops, and t h e regulations adopted by thc )Vat Ikpartment regulating tlic rcwuiting scrvicc, in such number as may meet the exigencies of the public seryice

EXECUTIVE
DEPARTMEK
I>,
Richmond, January 31, 186%.
Mi. Presiderit: The Prcsident on gcsterday approred and signed
An act to transfer funds from the Quarterinasters to the Ordnance Ikpartnient.
ROBERT JOSSELYS,
Irtrcrt(~ k ~ r e l u r y .

Congress then procccdod to t,hr c o n d e r a t i o n of thc imiin

ness; which was the conxidcr:etion of the proviso offcrcd by
to I I bill to provide f or itn incrcasc of tlic Quart:riniLstvr a n d Comni issary nep:~
t tile n ts.
Rir. EItile ino\-ed to atiientl tho :mientlment of MI*. Pryor by insertiiig after the word permns thc. words with the coiisent, of the person s o detailed.
r ?
1 ha nmcnilnicnt \ViLH agreed to.
And the qnestion lxing ri1)oii :tgroeing to tlic micbndiiient as :mended,
tho \-ote was tiilwii, : i t i d the htiiii( W L S:itlopted.
Mr. Conrad niovcd l o :untlitd by strikipg out; thc: wcvordi trunbportrition servico or nny othor h(?rvi(:orequired to proiriote the efficiency
of tho R1.1ny.~

,,
I lit.

hiid

i u r i c ~ n t l i ~ i c nWLY
t

agreed to.

t1w cliiostion recurring upon t l i ~siibstitutc offcrrcl 1)y Mr.

IlOWC~llColh,
Mr. Toonll)s 1novctl t o n n m d tho smric by d d i r q tliercto tlic proviso ofiercd L)J &J I. Iryor.
r i
Llie :iinenchucnt w:is :igrecd to.
Arid thc quwtion wciirritig upon :igrceinq to thc hiihstituto it?
atneiidcd,
MI^. 11~~10,
at the% i ~ i \ t : ~ i i ow f t l i ~StiLtc o f .ll:ih:~iiia,, tlcirmndcd that,
lt~l
which :ire
tho ycas t w l nttyh of t tic I i o l c I)od,~I)o r c ~ * o t ~ tlwrcv~ri;
:1s follow^:
A1;~t):~nm-Yea: h l w ~ i *Curry,
~.
Cliiltoii, i u i d cJo~ich. Nay: ;\I
Smith, IIalt, : i d Mcltae.

Jan.31, 1S62 1

PROVISIONAL CONGBESS.

731

Arkansas- Yea: Messrs. rJohnson, Bust, Garland, alld Watkins.

Nay: Mr. Th0111ason.
Florida- Pca: Mmsrs. $Iorton and Owens.
Georgia-yea: Messrs. Tooinbs, Howell Cobb, Foreman, Cramford, lZatss, and T. R. R. Cobb. Sa?: Mr. Kenan.
I<entuckp--k'ea:
M e w s . Monroe, H. C. Burnett, Thomas, and
Elliott. Say : Mi-. Johnson.
Louisiana-Nay: Messrs. Perkins, De Clouet, and Cotlrad.
Mississippi--Say : Afessrs. Harris, Brooke, Bradford, Htlrrison, and
Campbell,
Missouri-Yea: Afessrs. Clark, Harris, Conrow, and Vest. Nay:
Mr. Yegton.
North Carolina-Ye:~: I\rcssrs. Piiryear and Craige. Nay: Messrs.
Daris, Avery, ItufIin, Venablc. Morehead, arid Davidson.
South Carolina-Yea: AIessrs. Ithctt, Barnwell, and Boyce.
Tennessee-Yea: SIessrs. Jones and I k Witt. Nay: Mr. Thomas.
Texas-Yen: A h . Oldham. Nay: Mcs3ru. Waul and Ochiltree.
Virginia-Yea:
J i c w x Seddon, Shcfarland, BococB, Botelcr,
Brockenbrough, and Walter Preston. Xay : Me s. Johnston and
Staples.
Yea: Arkansas, Florida, Georgia, Kentucky, Missouri, South Carolina, Tennessee, and Virginia, 8.
Nay : Louisiana, Mississippi, North C:trolinn, and Texas, 4.
Divided: Alabama, 1.
So the substitute as aiiiendcd was adopted.
And the bill was engrossed, read a third time, arid passed.
And the title of the sanie. on motion of Mr. 1%.C. Burnctt, was
amended by striking out thc whole of the same and inserting in lieu
thereof the mords:
To require brigade qiiartermasters to perform tlic duties of paymasters
and for other puiposes.

in the Army,

Mr. Harris of Mississippi moved to reconsider the vote on the

passage of the bill.
Also, to reconsider the vote by which the Congress r e f u d to order
to be engrossed f o r a third reading
A bill to provide f or connecting the Richmond and Danvilic and the
Oreensborough Bailroads in Xorth Carolina, for military purposcc".
Congress then proceeded to thc consideration of the special order of
the day: which was the amendment of Mr. Monroe to the first section
of a bill to ainend thc scquestration act, etc.
On irlotion of Jfr. Tooinbs, and by unanimous consent, Congress
proceeded to consider the motion of Alr. Pryor to reconsider the vote
on the pasuxgo of
h bill to proride f or granting furloughs i n cert?in ca
A11d the rotc loeing taken, the motion to reconsider did not prevail.
A mcisage mas receii cd from tho l'rrsident, by the har1d.i of his
Private Secretary, Xr. Josselvn.
T he Chair prebelited :t coiiiinunicatioii from the President, transmitting to Congress tl1e rpport of the tmttie of Chustt3nahlah; which war
referred to the Committee on Xli1it:try Affairs.
Also, certain estiniatps Croiii the Secretary of the Treusuq-; which
svere referred to the Cornrnittw on Finance, without being read.
On motion of iVlr. Kenner,
Congress then adjourned until 12 o'cIork ni. to-morron'.
C J-YOL

I---&&-4'i

738

[Jan. 31, 1562.

JOURNAL OF THE
EXECUTIVE SESSIOX.

Congress being in executive session,

The Chair laid before Congress the following message of thc President:
RIGHMOSD,
JWI
LLUT~J28, 1862.

To the Congress of the Conjederate States:

Inominate the officers on t h e accompanying list to the rank affiscd to their nanies,
respectively, agreeably to the recommendation of the Secretary of War.
JEFFERSON D.1V18.
MEDICAL DEPARTMENT.

SiLrgrons.

A. J. Foard, of Georgia; Edwd. A. F

Mississippi; A. J. Semmes, of Louisian
Xitchell, of Louisiana; Robert Battey, ol
lina; A. J. Sykes, of Blabania; J. \V. lowcll, ot Sonth
:I, I X. Jonw, of
ll)])l, h. 15. IIabrrAlabama; Robert E. Moore, of Alabama; J. I?. Blooie, of
sham, of Georgia; M. 8. Thomas, of Maryland; E:. Lloyd
, of Virgiiiia; \Villiam Hay, of Virginia; Robert P. Page, of Virginia; H. It
if Virginia; .Panics
Parrish, of Virginia; A. M. Fauntleroy, of Virginia; Jaiiies T. ,Johnson, of Xorth
Carolina; N. S. Crowell, of South Carolina; Jamrs C. Herndon, ol VirgiiiizL Thoinah
F. Maury, of Virginia; J. M. Green, of Georgia; W. I. i i r i d e i ~ u n , of Alahama,
Robinson Miller, of Alabama; James T. Iteese, uf Alabama; Itobett 11. Ilcd\vood, of
Alabama; Nathaniel Friend, oAlabama; ,John 1).Barnette, of dlahaina; il. t3. Baldwin, of Florida; Jolin I. McAden, of North Carolina; Paul C. Lee, of Alabama;
William 11. Philpot, of Georgia; J. F. Bell, of Louisiana; Charles Rrcx cr, of BZaryland; Edwd. N. Covey, of Maryland; Stokcs A. Smith, of Louisiana; C a w y U.
Gamblr, of Florida; J. McF. Gaston, of South Carolina; J . TI. Clail~ornc~,
o f Yir-

Tanner, of Virginia; W.B. Ilavies, of Virginia; Marion I Ionwtl, of Virginia; ,John

J. Gaenslen,. of Virginia; D. 1%. Tarlrcr, of Virginia; R. 1L Sayers, of Virginia; J.
FIunter Berrien, of Gcorgia; Alexander Jones, of T c x a .

Assistant xirgeoits.

Feb. 1, 1862.1

PBOVISIONAL CONGRESS.

Chalmcrs, of Virginia; Williani M . Turner, of Virginia; Toinlin BrfixtOn, of VirginiaJohn C. Baylor, of Virginia; Herbert M. Nash, of Virginia; A. T. Bell, of Virginia:
T. 1-1. Fisher, of Virginia; B. 31. Lebby, of Tennessee; J. TIT. Sears, of ,Slabama.
Willis W. Keith, of South Carolina; T. 13. JVingfield, of North Carolina; \Villia;n 13.
Mosely, of Florida; B. Ti Blount, of Alabama; H. F. Witherspoon, of Louisiana;
E. M . Seabrook, of South Carolina; F. 1,. Parker, of South Carolina; Johli 31. Richmond, of South Carolina; Edrnund Mason, of Virginia; R. &f. Terrill, of Virginia;
G. A. D Galt, of Virginia; J. Washington Bshby, of Virginia; Landon A. Woodson,
of Virginia; 1. 8. Dance, of Virginia; 1%. F. De Witt, of Georgia; J. C . Iarley, of
Alabama; J D. Jlorgan, of Alabama: Thomas W.Upshur, of Virginia; X1r.T.
ritt, of Tirgiiiia; Francis d. \Valke, of rirginia; FV %I. Morris, of Virginia; John S.
. Whartoii, of Urginia; R. T. Leach, of Xaryland; D. 1,. McLaughlin, of BIaryland; J.J.
ODonnell, of Maryland; Franklin J. White, of Virginia; L U. Mayo,of Viriinia; Jolin
E. Logan, of Xorth Carolina; George T. Harrison, of Virginia; V. W.Harrison, of Virginia; J. P. Wall, of Horida; James S. Gillianr, of Tirginia; J. G.Trrvilian, of Virginia;
J. E. Hall, of Virginia; T. 13. Vilkerson, of Sorth Carolina; Charles Sclden, of Tirginia;
W. 11. Priolean, of South Carolina; P. G . Taleiitine, of Kentucky; A. It. Barry, of
Maryland; Daniel IT. S~hnii(lt,
of Georgia; William G . Hancock, of Kortli Carolina;
Benjainin M. Cromnell, of-;
Lewis R. Gott, of 21aryland; T. 0. Barnwell, of
South Carolina; 1-1. \V. Moore, of Virginia; n.J. Holt,
Florida; James Pnrviance, of Lowia
oi Mississippi; It. A. Cole, of Mississ
?i2ississippi; George Ross, of Virgini
Virginia; RI. X. Fleming, of Tirginia; John T. Jones, o
Tirginia; B. A. B. Nunson, of Virginia; IF. 13. Peck, of Alabama; P.11. \Vheelwright,
of Virginia; W.I,.Raylor, of Virginia; \T. H. BaptiPt, of Alabama; ( T . G. %lathe\\s,
of Alabama; J3at!ien Turner, of Alahania; A. S. SIurphy, of ,Ualuama; J. P. Hope,
of Virginia, J. C. ?Ilobley, of South Carolina; P. 13. IJakcr. of Tirginia; Stinnis
Michie, of Tirginia, Robert 31. Erane, oC Tennebtee; W. \V. liainner, ot Tirginia;
J. C. I3rown, of Virginia, 1. T. Gra), of Virginia; Joselh Crock(%, of Tirginia;
IIoyle, of Jlibsis>ippi, TV. T I . IJurtoii, of
Elvis JIcCrory, of Xississippi; Jar
i; )Ir. A . Tlioinpeon, of-;
T. J. 1,.
Mississippi; XI. A. Collins, of Mi
nc Yampert, of Mississippi; I<. C.
of Nlississippi; Janieil Guild, of dlaharna;
I.rrtnk Iiawthorn, o f Alabama; Thomas E:. XVillianis, of Virginia; J. T. Spenccr, of
Virginia; J,. L. Strozer, of Georgia;.J. 111. K u ~ tof
, Virginia; William 11. Taylor, of
Virginia; FI. 1. Aiidrews, of Georgia; IV. R. Pntney, o f Virginin; M. Ritenour, of
Virginia; T. C. Nontague, of Virginia; Thomas Gaddis, of Virginia; F. L. Uronaugh,
of Virginia; W.R. Kenihle, of Virginia; A. Ilowartl Scott, of Tirginia; Gcorge G.
Griffin, of Ckorgia; T. L. Taylor, of Virginia; J \V. IIall, of S o r t h tarolinx; Ucnjamin I1 Riggs, of Alabama; Robert I?. Matting, of Alalxinra; B S. I3ariies, of Alabama; R n. Ragnnll, of Tirginia

The nominations mere referred to the Coniinittec on Military Afhirs.

Congress then resumed lminess in legislative session.

FIFTY-NINTH DSY-SBIl~RDAY, FEBZZUARY

1, 1862.
OPEN SESSIOX.

Congress met piirsuant to adjournment>and was opened with prayer

by the Rev. Mr. Baker.
Congress then resolved itself into secret session.
SECRET SESSION.

Congress being i n secret session,

Mr. T. R. Iz. Cobb rnorcd that
A bill explanatory of the appropriation for removal of the seat of
government,
which was reported back unfarornbly from the Commi~teeon the
Judiciary and laid on the table, be taken up and referred to tha
Commitfee on Finance.
The motion was agreed to.

740

JOUENAL 02' THE

[Feb. I, 1662.

MI-. Johnson of Kentucky introduced the following resolution;

mhich mas read and agreed to, to wit:
of
"Resohed, That five hundred copicn of the President's mesaage of the
December, eighteen hnndred and sixty-one, recoriiiiienrlinp the passage of the act
admitting thr State of Iientocky into thc Confederacy, with the accompanying
documente, together with t h e act of Cnnprew, he published for the use of tlie
members arid qovernmmt of Kentiicky.

Xr. Orr introduced

bill snpplcniental t o an act entitled "An act to establish the date
from which the conitnissions of cerLnin staff ofhers shall lakc effrct; "
which was read i i r d arid second times and referred to the Coimiittcc
on Mili tayy Miairs.
Mr. Ibtclcr pi.csentccl a design for M flag; \\ hicall was referred to the
C o n m i t t w on V h g arid Seal.
Mr. Barnwell, from tlic Committee on Finance, by gencml consent,
reported h ~ itiicl
~ rccoiriiiiciided
k
the passage of
d bill miking zppropriations for t h e payment of certain intrrest
due, sevcr:dIy, to the banks a t
rnpliis, on :idvanccs mticle lg thcni to
Maj. Gcn. Lcoiiidas Polk, f o r
henefit of tlie piihlic sci.\-icc;
which -was engrossed, read a third time, and the question boiiig o n the
PdSSagC Of the SiiIIlt?,
Mr. Crawford, at the instance of the State of Georgia, clcmanded
that the gcas and nays of the whole body bc recorded; which arc as
follows, to wit:
Alahaiua --Pea: Messrs. I& and Jones. Nay: Mr. Currj-.
A rlia t 1stis---V c'a : &
ossrs
I . l h s t ,Th oimson , Gar ltt n d, and IY:Itk i 11s .
Florida - Yc:L: hleshr,q:. M'arcl and Omens.
C;tvrgia--Yca: Xfessrs. Howell (loltl) and Forciii:~n. 3 x 3 . : 31
Tooitihs, ~'r:i\vi'ord, I3ass, ITill, T. It. It. Cohb, tirid Kctmn.
i<cntric.l\g Yca: Messrs. Monror, IT. C. 12urnctl, Thoniiis, \Yhiie,
mid Elliott. Say: Mr. rJolinson.
T)c Clouet :Lnd ICcnncr.
Louis i a n :L-Y eti : M
illissii;sippi--Y pa:
srs. Iltwris, Ifrookc, Orr, I Iarrison, and
CtLnlpbc~ll.
Missouri --Pex Messrs. Clark, llarris, C o n i ~ ~ \.'
w,
Bell.
Nortb Cwolinti- Yc:~:Mcrsrs. Davis, 'iClcl)o\.\tU, Vcn:~1)le.I'urye~r,
and Dnvidson.
South C'at*olina-JTra: ,Ifcssi.s. Rliett, J3~rnmel1,:inti Uoycr.
~ - - - Y c a : klcssrh. Tlouhc, ,I ones, 1)e W itt, 'I'lionuis, mid
Ciirrin.
1 V S ; ~-1-w: SIcssrs. \Tau1 and 0ldh:Lin. Nay: BIr. Ochiltt ev.
Viiy$ii;i- - 1-w: Alessrs. Scddon, Mscfnrland, Scott>,13otclcr. R i i - ~ ~ l l ,
,Jolitixton, Staplrs, :itid \Y:dter Predon.
1 7 t ~ i i :Alahniii, '11 . 1 ~ IIS:LS,
1
Florida, I<~~ntuc1<y.
Louisi:ina. Mi
Missouri, Sort11Ctrolina, South Carolina, Tvnnessre, 'I'exab,
g i h , .Id.
K:iy : ( hwrgi:i, 1.
So tiic hi 11
pissed.
Ali;o, a bill to aiithorizc (rrtain financi:d ;irrnngcnicnts :it the
ury : which was rcad first : ~ n dsrcond tiriiv\, c~rigrosscd,read B
thirtl t i m e , and passod.
M r . I2:imw.Yell int~odixcetl.
ii

, 1

Feb. I, 18G2 ]

PROVISIONAL CONGRESS.

741

A bill to make appropriations for the execution of the act provitl

ing for the sequestration of thc estates of alien enemies;
which r\as rend first and second times and referred to the Committtec
on Finance.
MI-. Harris of Mississippi, from the Committee on Militdry Affairs,
to whom was referred
A bill to amend a bill in regard t o recruiting stations, etc.,
reported tlie same back, asked to be discharged from its fnrtlier consideration, and that the bill lie on the table.
O n riiotioii of Mr. Macfarland, the bill was placed on the Calendar.
A h . Harris of Xississippi, from the sainc committee, reported I)nck
and rccommcndcd the passage of
A bill supplcmentd to an act entitled An act providing for the
granting of bounty and furloughs to privates and noncoiiimissionecl
officcrs in the Provisional Army;
which was engrossed, read a third time, and passed.
Rlr. Halt, from the same committee, reported back and reconimcndcd
tha passage of
A bill sappleinental t o an act entitled An act to raise an additional
force to serve during the war, approved May 8, 1861, and f o r other
purposes.
Mr. ,Jones of Tennessee moved that the bill bc placed on the Calendar a i d printcd.
Mr. Tlioiiiason called the question; which was seconded, and the
vote being taken, the motion to place on the Calendar and print did
not prevail.
The bill WBY t h e n engrossed, read a third time, and the question
being on the passage of the saiiic, Mr. rJones, a t the instance of the
Stah of Tennessee, demanded that the yeas and nays of the W ~ O Ibody
C
be recorded thereon; which are as follows, to wit:
Alabamn-Yea: Messrb. Smith, Curry, Chilton, Hale, McRae. and
,Jones.

Arkansas-Yea:

Il/lessrs. Johnson, Rust, Thornason, Garland, aiid

W:i t ki ns.
F1orid:i-Yea: Messrs. Morton and Ward.
Gcorgin-Yc,z: Mes\rb. Too~ribs,lIowell Cobb, Foreman. Crawford,
IJ:LS\, i. J1. 11. Cobl), a n d Kennn.
s. Monroe, 13. C. Burnett, Johiison, Ford,
I<cntIlc!iy--kca:
h
lhoii!~, TYhite, and
Louisiana-Yea: M(WI-. Perkins, ne Clouct, Conrad, ancl Xenncr.
ippi-17e:i: 12Icssrs. Harris, Ihooke, Bradford, Harrison, and
Cxiupt)c!l. X$LJ: M a . Orr.
Missouri-Yea: Mcssrh. Clark, Harris, Conrow, and Freeman.
Sorth Caroliix--Yen: Messrs, Davis, McDowell, Venable, Morehcatl, IUI~C~LY,
:tiItl Ihridson.
Naz: Mr. Buffin.
+xroJiri:L-Pea: Messrs. It ett, Barnwell, and Boyce.
cc Yea: Jlcssrs. House, De Witt, Thomas, andcurrin. Nay:
5.

Waul and Ochiltree.

Nay: Mr. Oltihtim.

bsrs. Scddon, Macfarland, Bococli, Scott, Botcler.

lhnqton, Staples, ancl Walter Ir(+kon.
11 or i da. Georgia, Kentucky , Louisiana,

th Carolina, South Carolina, Icnnessee,

Texaz, and Virgini:i, 13.

742

JOURNAL OF THE:

[Fcb. 1, 1862.

So the bill was passed.

A message mas received from thc Prcyideiit, by the hands of his
Private Secrctnry, Mr. dos.;cl-n.

Congress then resolved itself into cxecutivc

ion; a and having
spent some time therein, ag~iiiresolved itself i n
egislative session.
Mr. Monroe, from the Corninittee on the Judiciary, to whom was
referred
A resolution relating to secondary tedimoiij to be taken in cases
now pending in courts under thc sequestration act,
reported thr snme back, M ith the recommendation that it p s s with an
ame nd mcnt .
And the question being upoii the miicndmcnt, which i:, to strike out
the whole of tho origin31 resolution :ind t o insert i n lieu thereof the
following, to nit:
7 7 1C~h c / r e s s of tire Con ~ r n i r,Ctnf~rqf A n ~ e r i c nd o r ~ s o l w ,That i n all ca~esi n any
teq, iiistitrited by tlic antkiority of the a b o e-mentioned
~
court of t h e Oonietleiate
r i t shall a p p e a to t k i c x court tiint the docnmentary evidence or
to csttl.bliqli the facts alleged ill the pctitiori, arid to authorize
P court, arc Pituatcd \vithin tho limits occupied by the public
couit may, in its discretion, actinit oii the hearing t h e folloming articles
of docwniciiitary arid tmtimonial proof:
First. A copy of any report or cnuncia'ion of t h e bank, that i t had loaned or ex-

the contc.iity of sarh tlocnnivnts.

affidavit ot
pro\ P.

thtb

receiler tlii~the bc4ieres tlic fa(+ which such evidence tends to

And tlic vot t? being lalicn, thc :unctidr*icnt,\?.ns agrced to.

Anti t Iic t ewlution as :iiiicndtd \ V : L ~ ( ~ t i g x ~ w 1 dx,w d a third time,
and p:L5Sed.
Mr. Morii*oc! rnovcd tli:it t 1 1 ~l'imichnt he rcqurittit to rcturn to
CotkgI'CS'.:
A bill to t-cpcd all 1 : ~ wof tlic I;trittd Stater adopted by thc, Conf(&i.iLte Stat(.\ wtiic.li pro\ id(. f o r t Iic ~ ~ : t ~ ~ ~ r : ~ lof
i z aliens.
:itio~~
'l'h~ rriotion did not, pix'\ :Lii.
Coiigrc~~s
IItrri procccdcd to the coiisidrmtion of the special order of
tlw (!:I> ; \\ Iiicli w1.s tlic c~on~irlct~i of tlic pctidirig ainendmcnt of
qtmtt*nt,ionact, (
Mi-. ,~IOIIIYW
to mi r1c.t to :uncncl t l
ippi, i t
: t ~ r c w ltli:tt ttic vote
0 1 1 niotioii ol' Jlr. 1I:wris of
on :ill p ( ~ i i d i t :t u~~ ~ ~ n t l n i otoi ~tt s
t silttion of thc. hill I,(> t : k c n :tl
111. 0 1 1 JI0nd:y..
, o i l i t t o t i o i l of A[r. I l o i ~ c l Cobb,
l
)

-.

___

Tile Jollt l l d l 01

-_
cxctautivcbS C ~ P i o l ih:lS

- __
becrl found.

_
I
_

LhlH

llot

~~

Feb. 3,1562 ]

PROVISIONAL CONGRESS.

SIXTIETH DAY--MONDAY, FEBRUARY

3, 1862.
OPEK SESSION.

Congress met pursuant to adjournment, and was opened with prayer

bv the Re.\-. Ik.Hope.
./Congress then res&ed itself into secret session.
SEUKET SESSION.

Congress being in secret session,

Mr. cJolinson of Srltansas offered
A resolution i n regard to the transfer of certain Indian trust funds
to the Confedcrnte States;
which IVRS raid first : i d secviid times arid referred to the Conlmittee
on 1ndi:tn Aflaiw.
On inot)ion of R h . Johnson of Arkansas,
A hill to provide for thc organization of the Arkansas and Red River
Supcrintcndcncy of Indian Affairs, and to regulate trade and intercourse irith Lho Tridians therein, and to preserve peace on the frontiers,
was ordercd to he printed.
M r . 11. C. lhiriiett, on his own motion, was allowed toplace on the file
A n act t o facilitate and complete the admission of Kentucky into the
Coilfedelate States of America.
Mr. J o n w of Tcnnessee presented a design for a flag; which was
refciwd to the Committeo on Flag and Seal.
hlr. 13arnw11, from the Commi
on Finance, to whom was referred
appropriation for the Hampton
A resolution of inquiry of ina
suffcrc1-s,
rcported the same hack, asked to be discharged from its further con4df>ration, and that the same be referred to the Committee on the
,Judiciary; which was agreed to.
Jlr. Cran-ford. froni the Committee on Commerce, to whom w(re
rcfcribed sundry ixw~lutionsand memorials upon the subject of the
repeal of all tnriff hw s, reported
A hill to admit duty free all goods, wares, and merchandise imported
into the Confederate States for a limited period, except such as may
bc brought from thc Vnited Statrs of America;
1wxl first t ~ n dsecond times, ordered to be printed, and made
the special order for Tuesday next, the 11th instant.
Xr. llalc, from the Committee on the Judiciary, to whom mas
rcfcrrcd
A bill to establish w!*ti?injudicial districts, and to provide for courts
of thc Corifcderntc States therein,
rcportcd the same 13:~ck,with the mcommcndation that the same pass
with certain nrnendments.
Ancl the fifth section of the bill being under consideration, the cominit1ce moved to amend the same by striking out the words good
behaoior and t o insert in lieu thereof the words the term of four
years, and to htrike out the saiiie words v h ere they again occur and
to iiiscrt in lieu thereof the words the term of four years.
Thc amcndment was agreed to.
And ill stAction 7 to insert after the word and the words also an.
The amendment was agreed to.

144

JOURNAL O F TEE

[Fcb. 3, 1SG2.1

Feb. 3,1862 1

PROVISIONAL CONGRESS.

145

Ute. The Constitution vests in the Congress the power to make rules for the government and regulation of the land and naval forces. Xone can deny the wisdoni
of this pro] ision, nor tlie 11ropriety of the exercise of this pov er, bv the Congress, i n
its full extent; but there is an obrious distinction between makiniriiles for the government of the Army and undertaking to adniiiiistcr tlie Army by statute.
When rules are established for the regulation of such inatlets a5 are in tlieir nature
susc-eptible of fixed and unrarying application, there can be no inipolicy i n providing them by ~tatute. Thus, ~e have by law fixed guides for organization, for the
composition of the different corps, for the number of officers and tlieir grades, for
1 branches, anc1 niimerous like
ectiye chilies assigned to the staff in its se
iis lliat ieinain i n force, in all localities, in
presence as well as
abscncc
lemy, anti u:~influenced by the exigencies of any particular occasion.
J3ut there art other iiiatters \\ hich arc essentially adiniiiistrati\.e in their character,
and are not PUS( eptible of being determined b y the rigid prebcriptions of statutes,
which euccuti\ e officersmc tJoond to obey under 811 circumstances, aiid .(~ithontthe
exercise of any dis(wtion. fiuppoce Congress should attempt to fix b y law of what
a camp equipage hhould always consist, or the precise kind and quality of calothing
to be furnished, or the exact m o u n t and kind of transportation to b~ allon ed for
each regiment, is it not olJoious that these detailq deppntl so entirely on tiiiic, place,
and circumstance, arid are so essentially variable in their character, that the uaiforiii
compliance v i t h surh l a ~ c s, o d d be practically impossible? Suppose Congress
should o d d d i d 1 b y lam the preciw proportion of infantry, cavalrv, and artillery to
be :itt:whccl to each h c l y of troops in senice, this would not be a rille for the gorerninent of the drniy but an a t t e i q t a t a statutory administratim of it, which could
not but be found impolitic even if it were practicable.
Now, the a r t in question presents precisely the same olijectionablc features. It
estahlishes a rule over which there is no discretionary power nntler any circumstances wliatsoci er; Iw ii hich a coininanding general, in the face of superior nunibers anil TI itli his capacity for defense taxed to the utmost, may find his forces still
further reduced by the acstion of his subordinate, not only against his consent but
without his knowlcdqc and in ignorance of his necesbities and tlic purposes of their
(2orerninent. No more btriking example could be afforded of the iiiipolicy of such
a law than is presented by our condition a t this time: Our armies are in iorce inferior to the cnrriry a t the tx-o points most vital to the defense of the country; the
enlistment ot the ta elve montlis men is soon to expire, arid in order to secure their
ha\ e diiected that furloughs be graiited
entry tor a turther term into the semi
of tlie respectiye commandfi.
to them as far as compatible x-ith the
If the bill in question heconicxs a la
ill at once he necessary to climinish the
number of furloughs i\ liicli iiiigtit otherv ise be granted as iiiducciiicnt to reenlistments, and to that eLtenl tlic attainment of this most desirable object must be
obstructcd. Froiii the West and froin the South, from inany and important points,
urgent wlls for recriforcenient are recc-.ivetl by the Ucpartinent of Iiar, \\ hich it is
not pob~ibl(~
to Paticfy. At this crisk, TI ithout any check or control b y mnirnanding
generals, fi\ e per cent of their effcctive forces would be a ithdrawii nnder the provlsions of tliir bill. Ilith conflicts impending against an rncmy srently our superior
i n numbers? our safety is dependent on lr~epingin the fieltl every effectiie nian that
can be furnished with a weapon. This bill, therefore, it seems to me, is most inopportun el v p r ~ ~ e n t e d .
If, froth theqe gmeral objections, we turn to the details of the bill, other considerations are presented vhich mould alone prevent my giving it approval. They inay
be stated IJricfly as follou s, Tiz:

to time and to number of cases.

Third. d l l y soldier, that can get the certificate of any hospital surgeon, can be
sent home 011 furlotigh or discharged without the knowledge or conxent of any of his
o%cer,Q,eltbcr tym1pany or regimental. The tlurgeon has only to certi
soldier (1stoo reinotp from his commanding officcr to procure his cerl
ittiout inconrenieiic~eand delay. When troops
a soldicr in h o h p i t a l , that t h e commanding officers certificate
ithout inconvenience and dclav, SO that the soldier, absent
get a Iurlougli or discharge without the l<no\vledgcJof his
comniandcr.

746

YOUENAL O F THE

[Feb. 3, 1S62.

Fourth. The large number of soldiers that will be constantly traveling on t h e

railroads on the proposed system of a ten days furlough f u r five per cent of all t h e
effective men, together with the sick leares provided for, will form an average of
probably not less than fifteen or twenty thousand inen in conqtant moreinent. This
would occupy the transportation facilities, already inuch too limited, to such an
extent as seriously to impair the moreinent of troops and supplies.
In whatever aspect t h e proposed legislation is contemplated, I can not vieT i t
otherwise than a9 dangerous t o the public safety, and 1m0i.t earnestly recorninend
that, i n taking it again into consideration, Congress will weigh any possible advantage that can result from this measure against the disasters that are not only the porsiblc, but, as i t appears to me, t h e probable results of its adoption.
JEFFERSON 1)ATIS.
A bill to be entitled An act to proride for granting fiirioiiglis 111 ceit,un (

Sxmrow 1. The Com~rrcscf the Conlc.tEercttcS / u t c c of - 1nw1h i d o c

ever t h e surgeon a t t a c h d to >iny regiiiient, battalion. or wp:iratc
that any private or Iioiic.oniiiiissiorlrt1officcr 01 siic.11 rcgiiiiciit, h t t
post is incapblc of pel forniiiip iiiilitary duty by rcawn of siclmws, ant1 that thc
health of saitl private or ii~~ncoiiiinissionetl
officer n ill, ii is oI,iriion, 1)c i n i p o \ e!i
by a temporary sojourn at honie, the roloricl or other of1 r tonnnnntling wch reqinient, battalion, or wparatc. post, inav graiit a inrlociph to id pi ivattk or r i o n t ~ o t i i i i i i +
sionecl officer, for such time as iii>iy be thought proper by said coloiic~lor otlirr coiiimandirig officer: Iroactlrd, That u p ~ the
n certificate of the priiicipal snrgeon of :inv
Government hospital, that any sick or disabled Po1dit.r iv too remote iroin liis ( w i i inanding officer to procure his certificate tor a furlough or disc4iar&, TI itliont inc~)iivenience ant1 delay, such soltlier inay be furloughed or discharged, upon tlic rwonimendation of s r i c s h surgeon, by the coinmanilant ot the nearest post.
SEC.2. Whciiever it shall appear from the written statement of any priittte oriioiicoininissiontd officer of any regiment, battalion, or separate post, approwd by the
azptaiii or other otficcr commanding the company to whivli raid private or noncoiiiniissioneti o f l i c w is attiwlicd, that it in intlispensablr to the p w u n i a r y or family intcrest of Paid private or ~ic~nconirriissioiietl
oflicer that he shoultl J iait I i o i i i v , tlic colonc.1
oinn imding s i u I I rc,giiI ictnt, bat tal iun, or
alate post, inay, iu Iiis
a furlougli to ?Ad piiv,itcl o r iioncoiiiinii
c,I otliter for a periotl
11 days, \\ ith mi i i l l o w ~ i
h ~ i i i rt i n t i

rctnrii to ti

or othcr coiiinxuttling ofIiccr x h d 1 not p

ncr stated in this section, to such iiiiiiibcr UY
any tniic, firc per ccmt of
the forw actnally uutlw his coinnia~itl.
SIW.3 In all caws I\ liere furlonphs shall 1~ gr:iiitcd nndrr t h i ~wt, tlic notice o f
snch furlough, rcyiiirc(1 1)y ckuisting rtplatioiiq, .;h:tll I)c givc.n.
Cosc,itr

\\, J ( ~ l l / l l l l ~li;,
l / 1,si;2.

Ileact l h t , ant1 second tin~c~s.

. / i t ~ ) / / ~ i2
!/

lteatl thirrl l i u w :uid p : ~ ~ d .

, lsS(i,2.

a. J . IIOOlEl<, ,%r e l ( t ~ l / .

Mt.. L3nrnrvcll ~novcdthat, tlic fnrthc~rconsideration 01 tho bill bc

poatl)olid for tllo pPCh(>tlt, : L I I ~tllittn the bill tiiitl ttlc
(J1)oii w t i i c 4 i 111.. I<~iiii~i*,
:It tlic iiist:mcc~o f tiir St:itc ol huisi:uia,
d JI:1YS Of tllP W h O l C ItOC1y IN> lYCOt(i(V1;

ason.
Pllorid,z-X-:Ly: Mcssi.s. Mortm, M7iird, : ~ t i dO\vcn.;.
Gcorgiw-Yca: Messt~.1iowin:ui and K w a i i . X:iy : Mchsrs. Toomi)s,
Crntvford, Iktss, Hill, R
P. J o h r i ~ o n , : t i i d \\hitc.
Say:
MCSSIS. 11, @. Burnc
I,ouisiana--Pex 3
I h % ) W t , c o I l l ~ : L d , BIlCl I<c11nt.r.
Mississippi-Yea:
, I , ~ c ) o l i < ~ :ind
,
l1:irrisoii. XUY:
Mcssrs. Bractford a i d C n r u p t ~ ~ l l .

Feb. 3, 1862.1

Missouri-Yea: Messrs. Harris, Conrow, Vest, and Freeman. Nay:

Messrs. Clark, Cooke, and Bell.
North Carolina-Yea: Messrs. Venable and Morehead. Nay: Messrs.
Avery, Ruffin, McDowell, Puryear, and Davidson.
South Carolina-Yea: Messrs. Ehett, Barnwell, Mem1ninger7 and
Boyce.
Tennessee-Yea: Messrs. House, Jones, De T$itt, and Thomas.
Texas-Yea: Messrs. Wigfall, Waul, and Ochiltree.
Virginia-Yea: Messrs. Beddon, Hunter, Macfarland, Bives, Scott,
Boteler, Rrockenbrough, Russell, Johnston, and Staples. Nay:
Messrs. Bocock and \?alter Preston.
Yea: Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, South Carolina, Tennessee, Texas, and Virginia, 10.
Nay: Florida, Georgia, and North Carolina, 3.
So the motion prevailed.
Congress then proceeded to the considoration of the special order of
the daj7; which was the amendment of Mr. Monroe to the first section
of a bill to amend the sequestration act,. etc.
And the question being upon agreeing to the sanic, the rote TVRS
taken, and the amendment was agreed to.
And the question recurring upon the motion of Mr. Toombs to strike
out of the section the following words, to wit:
SECTION1. The Congress of the Confedercde Bates do enact, That all and every the
lands, tenements and hereditaments, goods and chattels, righh and credits, and
evcry right and interest therein embraced by said art of sequestration, of nhivh this
act is a n alteration and amendment, are hereby declared confiscated, except so far as
t h e same are hereafter excepted by this act, and all such property shall on the rendition of tlie decree of confiscation be sold as provided for in this act and the proceeds
paid into the Treasury of the Confederate States; but nothing in this act shall be construed to authorize t h e sale of any mere indebtedness by chose in action to any alien
enemy embraced by this act and the one to which it is amendatory.

Mr. Toombs, at thc instance of tlie State of Georgia, demanded

that the yeas and nays of the whole body be recorded thereon; which
are as follows, to wit:
Alabama-Yea: Mr. Curry. Nay: Messrs. Smith, Chilton, Hale,
McRae, and Jones.
Arkansas-Yea: Mr. Thomason. Nay : Messrs. Johnson, Garland,
and Watkins.
Florida-Yea: Mr. Ward. Nay: Messrs. Morton and Owens.
Georgia- Yea: Messrs. Toombs, Cramford, Bass, and Hill. Nay:
Messrs. Foreman and Kenan.
Ken tucky-Nay : Messrs. Monroe, Johnson, Ford, White, and
Elliott.
Louisiana-Yea:
Messrs. De Clouet and Conrad. Nay: Messrs.
Perkins and Kenner.
Mississippi-Nay : Messrs. Harris, Brooke, Orr, Bradford, I-Iarrison,
and Campbell.
Missouri-Yea:
Messrs. Cooke and Bell. Nay: Messrs. Clark,
Yeyton, Harris, Conrow, Vest, and Freeman.
North Carolina-Yea: Messrs. Puryear and Davidson. Nay: Messrs.
Davis, Avery, Ruffin, McDowell, Venable, Morehead, and (
South Carolina-Yea: Messrs. lthett and Boyce.
Barnwell and Memminger.
Tennessee-Yea:
Messrs. House, De Witt, arid Thomas. Nay:
Messrs. Jones and Currin.

148

JOURNAL OF THE

[Feb. 3, 1862.

Texas-Yea:
Mr. Wigfall. Nay: Messrs. Waul, Oldhani, and
Ochiltree.
Virginia-Yea: Messrs. Scddon, Hunter, illacfarland, Bocock, Rives,
and Scott. Nay: Messrs. Boteler, Brockenbrough, Itussell, Johnston,
Staples, and Walter Preston.
Yea: Georgia and Tennessee, 2.
Nay : Alabama, Arkansas, Florida, KenCucky, Mississippi, Missouri,
North Carolina, and Texas, 8.
Divided: Louisiana, South Carolina, and Virginia, 3.
So the motion to strike oiit did not prevail.
Mr. Conrad nioved t o anleiid by inserting after the word That
the following words, t o wit:
in case the Government of the Vnitrd StnttJs should enact B law confiscating the
property of t h e citizens of the Confederatc States who h a w taken or may t:lke imrt
in the war.
Mr. Campbell robe to a. point of order, viz, that thc aineiitlment of

Mr. Conrad was out of ordm, the oust having refused to strikc out
that portion of the scction sought to be amended.
Mr. Bococlr h i n g in tho chair, decided that :L motion to strike out
being neaatived tjy thc House does not prevent a subsequent motion
to amen$the portion covered by the motion to strike out, from which
decision Mr. Campbell appealed, and the question being put,
Shall the decision of the Chair stand as the judgment of the Hoii
The vote was taken and decided in the affirmative, and the dccision
of the Chair sustaincd.
And tho qiicstion rccnrring upon sgreeing to tlic? arneridnicnt of MY.
Conrad,
Mr. Corir:td, ut tlic instance of the Statr of I m i i s i n n a , tlcrnnndcd
thNt thc yeas mid nays of thc wholc body he rcc.orc1cd tlicrcon; which
arc ns follows, to wit:
Alahpnia-Ytn: Mr. ( 7 u i - r ~ . Nay: Mesws. Smith, Chilton, Hale,
M&io, ~ i i rdl ~ m r ~ .
--Y c:i: 31I-. Ilioniiiso~i. Nay: Mcsws. ,Johnson, Garland,
lL;lol*idil---Nsy:
1\11..MO~LOII.
Georgia - Yea: &I
. Ioornbs, Ih~ss, :uid Ilill. N : L ~: Bfwsrs.
Eorem:ui tmd 1 h t i
s. Monroe, ,Johnson, Ford, and Elliott.
. I)o Cllouet :tiid Conr:td. Nay: M v . Ycrkins.
: Messrs. I3rooko, O n , 13radforc1, I I a r h o n , and
North C:iroliii:~--Ye:i: Mr. 1uryr:w. Nay: Messrs. I h v i s , Avcry,
Buftiti, M ~ ~ i ~ o ~Vv( w
~ ~ bl llc,,hforehc;~tl,:md Ci.:tigc>.
South C7:ii*oli D:L- -Yea: M e s ~ .Kllctt ttnd J3oyco. N:ly: X w r s .
Burn wc.11 and iLloinmii
PcI~I~cw~x-Y~xL:
M
. I I o i i ~ ,I k Witt, :ind Thormh. N L ~MI..
:
Currin.
Mrag:i 11 :i11d W ~ 1 1 1 .
Tcxns-Yea: Mr. JVigfdl. Nay: Me
Virginiti----Yctr:
1%.
lllllltrr, M a
~ n d ,and Hocock. Nay:
1Mossrs. Sedtion, I.:
er, I{roc.lienbrougli, 1ti ell, Johnston, and
W it1 her Irestoii,
Ytlx: Cichorgia, Louisiati:i, and Tcnncsscc~,H .
N:ty: A l:htiirla, ii\rknns:is, Florida, Kcntiicky. Mi
Curoliii:L, TcxH~,
mid Virginia, 8.

Feb. 3, 1862.1

PltOVISIONAL CONGEESS.

749

Divided: South Carolina, 1.

Not voting: Missouri, 1.
So the amendment was not agreed to.
Mr. Monroe moved to amend by striking out the following words,
to wit:
h i d said act to which this is an amendinent shall not be construed to except from
its operation any public securities uf this Confederacy or of any State therein held
b y a n alien enenlq, nithin the meaning of this act, except bonds, securities, and such
debts m d obligations as Faid Confederacy or &ate niay hare contracted or ]nay contract directly \T ith an alien enemy, and which has not been b y said contracting party
disposed of to another alien enemy; but nothing herein contained shall prevent the
legal representati\-e of such contracting party, aftcr a release, from having and receiving all t h e rights hereby secured to thc contrary.

C pon n hich Nr. Conrad, at the instance of the State of Louisiana,

demanded that the yeas and nays of the ~ h o l cbocly be recorded
thereon; which are as follows, to wit:
Alal~aina-Y ea: lfessrs. Smith, Curry, Chilton, E-Ialc, McIiae, and
Jones.
Rrli-:mas--Yea: Messrs. Thomason, (hrland, mid M'atkins.
Florida-Yea: MY. Morton.
Georgia-Yea: Messra. Toombs. Foreman, Cmmford, Batis, Hill,
and Kenan.
Kentucky-Yea: Xessrs. Monroe, Ford, and Elliott.
Louisiana-Yea: Mwsrs. Perkins, De Clonet, Conrad, and Kcnner.
Mississippi-Yea: Messrs. Harris, Hroolx, Orr, Bradford, Harrison,
and Campbell.
North Carolina-Yea: Messrs. Davis, Aver) , Ruffin, Venabl~,Moreticad, Craige, and Davidson.
South Carolina-Yea: Messrs. Rhett, Barnwell, Jleinniinger, and
Royce.
Tennessee--Yea: Messrs. Jones, I h Witt, Thoiiiaa, and Currin.
Texas-Pea: Mr. Wigfall.
Virginia-Yea: Messrs. Seddon, Hunter, Macfarland, nocock, 13otel ~ rBrockenbrough,
,
Itursell, .Johnston, and Walter Yreston.
Yea: Alabama, Arkansas, Florida, Georgia, Kentucky, Imisiana,
Mississippi. North Carolina, South Carolina, Tcnncssco, 'rexas, and
Virginia, 12.
Not voting: Missouri, 1.
So the amendmerit was agreed to.
3Ir. Toombs movcd to amend h9 adding at the end of the section the
following proviso, to wit:
Pro/ d r d , This act shall not applv to s11ch propert> a:: any of the States riiay haye
pledged their faith to protect.

And upon lvhich Itlr. Toombs, at the instance of the State of GOOF
gia, demanded that the ycaa and nays of thc whole bocly be recorded;
which are a3 follows, to wit:
Alabama-Yea: 3111..
Curry. Nay: Nessrs. Smith, Chilton, Hale,
and Jones.
Arkansas-Yea: 3Ir. Thomason. S a y : Nesrs. Johnson, Chrland,
and Watkins.
Florida-Xay : Mr. Morton.
Georgia-Yea: Illessrs. Toombs, Foreman, Crawford, Bass, Hill,
and Kenan.
XentucIiy-yea: Messrs, Johnson, Ford, and Elliott.

750

JOURNAL O F THE

[Feb 3 1862.

Louisiana-Yea: Mcssrs. Dc Clouet and Conrad. Nay: Messrs.

Perkins and Kenner.
Mississippi-Y ea: Mr. Campbell. Nay: Messrs. Harris, Brooke,
Bradford, and Harrison.
North Carolina-Yea: Messrs. Davis, McDowell, Morehead, Puryear, and Davidson. Nay: Messrs. Rvery, Ruffin, Venable, and
Craige.
South Carolina-Yea: Messrs. Rhett, Memminger, and Boyce. Nay :
Mr. Barnwell.
Tennessee-Yea: Messrs. Jones, De Witt, and Thomas. Nay:
Messrs. House and Currin.
Texas-Yea: Mr. Waul. Nay: M r . Reagan.
Virginia-Yea:
Rlessrs. Secldon, f-Iunter, Macfarland, UOCOCB,
Boteler, Russell, Johnston, and Walter Yrcston. Nay: Mr. Hrockcnbrough.
Yea: Georgia, Kentucky, North Carolina, South Carolina, Tennessee, and Virginia, 6.
Nay: A labarna, Arkansas, Florida, and Mississippi, 4.
Dividrd: Louisiana and Texas, 2.
Not voting: Missouri, 1.
So the amendment was not agreed to.
Mr. Oldham, from the Committec: on Engrossment, reported as correctly engrossed and enrolled
An act supplenicntary to an act entitled An act to amend an act
entitled .!in act to raise an additional force to serve during thc war,
and for other purposes, appsovcd May eighth, aighteen hundred and
sixty-om.
And tho second section of tho bill being under consideration; which
is ns follows, to wit:
(acted, lhat all proreeclirigy taken and pending under said act
e deemed arid taken as pi ocwtlingx oi conlisc%atiori;and the
papers i n the cmiw iiiay Ire so aiiwiidcd
ply to prowedings for confischation
rendrrecl under raid sequestration
under thin wt. Aud d l jndginciils nnd (
iig 2111 money, property, and rights
act slinll haw the forcv and effwt of co
eiiibriwcd 1)). tlie sauic; and the c*oiirtliii
sdirtiori thereof ~ i i d l in
, wid cases,
make iill orctern of sale ant1 o t h e r orders :tiid tlocrew that inay lre nec.ensary fnlly to
acc~omplishtlie prirpotics of this act, in the same iiianrier &Y if Paid C ~ S \vere
~ Y
now
pending for trial or wore hereafter institntrd.

Mr. Smith of Rld)arniL iiiovcd to amcnd by striking out the whole

sitrnc, mtl iasarting the following, to wit:

of t h o

&., That all 111or1ey realized under this act, and the
riieiit, shall be applied to the equal indemnity of all
!oy:il citimiiy of tlicx Coiifedcr:stc~States, tsnd of otht:rs aiding said Confederate States
111 the prrsc~iit n i i r w i t h tlic IJiiiicd States, ag,iiiirt, all losses that have been, or
mity bc, infiic tvtl ripon t , l i ( s t i i by ariy act of conliheation of the enemy, or by any act,
wlielher cloiie or pvrinittetl under Sbttc or Fcderal authority, and hrtlic~rsaid act be
done or pcnuittcvl by c.i\ i I or iiiilitiwy authority, inconsistcmt with the principles,
practices, or usngc1h of I > l ( J d < ~ T ? l civilized warfare among separatci arid iiidepcndciit
natior:s when at war witli w ( ~ iother.
i
hncl all money realized as aforesaid shall be
ury o1 s:iict Oonlecleratc St
provided by t h e aet t o which
lit, ;ind the faith of thc Cot
e States is liereby pledged that
the same sliall be refnndccl :ts reqiiirtd for tli
scs aforesaid. And the Secrrtary of the Treasury sh:sl Ic:iuce R fieparate awount of said money to be kept in wellbound books procured for t hat purpose

Nr. ltussell movcd to amend the ameiidrncnl iii follows, to wit:

A h . Rusyell of Virginia, i n lieu of 31r Smith of Ilabauia

(RY

to And all money realized ax aforesaid, etc .

In addition to the claims of which indemnity is provided for in the act to which

Feb. 4, 1662.1

IROVISIONAL CONGRESS.

this act is aiiiendatory, t h e following classes of claims shall be entitled to like indelunity out of the moneys arising nnder this act and theaet aforesaid, viz:
I h t . For low by a n y confiscation law of the United States, or any State tilereof,
by the ahduction or harboring of slaves, or by the seizure, waste, injury, or destruction of other property, real or personal, belonging to loyal citizens of the Confederate
States, or to other pervons aiding them i n t h e present war, by the enemy, or by any
1)erson in the civil, military, or naval service of the enemy, or by any State goveriinient, or 1mtended State government, or other government adhering to the enemy,
or I-)v any person i n the service of any such government, or pretended government,
01 b i any pcrmi undcr color of the authority ol: any such government, or pretended
governments or of the Gowrnniect of the United States, or by traitors or rebels against
any of the Coilfedcrate States during t h e present war.
&ct.ond. For loss by t h e dvstruction, or attempted destruction, of property to baVe
it from capture or use b y t h e enemy, or persons adhering to the eriemy, and acting
irt. hostility 10 the Confederate States, or any of them.

The srncndmcnts of Rilessirs. Smith and Russell mere ordered to be

printed.
Mr. Thomason moved to rcconsidcr tlie vote by which the proviso
of Mr. Toomhs to the first section was rejected.
On iriotion of Mr. Russell,
Congrcss adjourncd until 1 2 oclock m. to-morrow.

SIXTY-F1KST DAY -TIJESDAY, FEBRUARY

4,1862.
OPEN SESSIOX.

Congresh met pur>wantto adjournment, and was opened with prayer

hy thc Her. Ur. Daggett.
Congress then resolvcd itself into secret session.
BECIZET SESSION.

Congress king i n secret session,

ALr. Crawford offered the folloming resolution:
fltsoicitl, That thc inenibera-e1et.t to the Congress under the pc~inanentConatitntion of t l ~ cConfederate States bc invited to seats on the floor during the sessions of
the Pro\ isional Conpreba under the smie injunction resting upon members as to
to bc by tliem observed.

On motion of Mr. Barnvell, the further consideration of the resolution was postponed until JIonday next.
Congrebs i1ic.n proceeded to thc consideration of the unfinished business of the morning hour; which was the considcratioii of the motion
of Mr. Perkins to refer to the Coniinittee oii Claiiiis
A bill providing compensation to Sydney S. Uaxter for certain services t h e r e i n named.
And the Tote having been talrcn thereon, the motion was agreed to.
MY. Staples morcd to rec.onsider thc Tote just taken.
Thc motion to reconsider prevailed.
Mr. Perkins moved to lay the hill on the table, on which inoiion Mr.
Campbell, at t h e instance of the State of Mississippi, demnndcd that
the yeas and nayh of thc wholc body bc recorded; ~ h i c are
h ah follows,
to wit:
Alxhama-yea: Jlessrs. Curry and Jones. S a y : Nessrs. Smith,
C h i l t o n , a n d Hale.
Arkansas-Yea: Mr. Johnson. Nag: 3fessr.s. Thomason, Garland,
mid Watkins.
Plosida-Yea: Xr, Xorton. Yaj-: Messrs. Ward and Owens.

'152

JOUIINAL OP THE

[J'eb 1, 18t2

(;eorgia--Yca: Mesws. Toonib,, Forenian, Crawford, iiay,. Kv:i:w7

and Stephens. Nay: Xr. Hill.
I<entucky-Yea: Mr. Thomas. Nay: ;\lessrs. Monroe, Johnson,
Ford, White, arid Elliott.
Louisiana-Yea: Mr. Yorkins. Nay : Messrs. Ile Glouct, Conrad,
and Kenner.
Mississippi-Yea: Messrs. Flarrison and Campbell. Say: Mcssrs.
Brooke and Bradford.
Xissouri-Yea: Messrs. Conrow and 13ell. Kay : Messrs. Pcyton,
Coolie, an%, and Freeman.
North Carolina-Yea: Messrs. Davis, Ruffin, JIcI)ov ell, and C h i p .
Nay: Messrs. Venable, Morehead, kind Thvidhon.
bouth Carolina-Yea: Mr. Boyce. Say: AIr. lthctt.
Tennessee-Yea: Messrs. Hoiw, I k \\'itt, a n d Thoinas. K:LJT:31r.
Currin.
Toxas-Yoa: Messrs. Waul and Ochiltret. S a y : Air. TIrigf>ill.
Vir inia-Nay : Messrs. Seddori, Mwfarlantl, Scott, 1Soteler. Brociienbroug , Russell, Johnston, Stsplcs, and Waltcr Prezton.
Yen: Georgia, Korth Carolina, Tcniiewv, arid ' r ~ x a s ,4.
Nay: Alabama, Arkansas, Florida, Ihntucli-y, LoiiiSiaria,
ouri,
and Virginia, 7.
Divided: Mississippi and South Carolina. 2.
So the motion to lay on the tablo did not p r ~ a i l .
The bill was then engrossed, read ft third tinic, and thc qiicstion
being u 011 the pwqp of the saiiic,
~ r&omi,\,
,
:it tiit. instancc of tlic State of (;eorgia, t i c n i n n ~ e ctli:it
~
t,hc yeas m d i1:kys of tlic wholc body he recorciocl tlicreon; which : i ~ * e
as follows, to wit:
Alabama-- Yea: Mcssrs. Smith rmd Cliilton. Sny : 31
Halo, a n d ,Jones.
Arkansas --Yen: AIcssrh. 'I'homnson and Gar1:Lnti. Say: hlesbrs.
Johnson nnct Wtit k in s.
Floridn.--Yca: Jlr. Ward. "ny:
hrs. ;\ioi-ton :itit1 Owciih.
rc:. rl'OO1 11I). . I?o ~ C T L I : ~n, C 1 - a ~
Georgia-- Yca: MI.. I Iill. Nay:

) c , Johnson, Ford, :iud t<>lliott. I ; : L ~ :

Louisiana- -Yca :

's.

1 k C'louct, Conn~d,and Keuncr. Say:

rris, 13rookc, tind I3radCord. Say:

.Cookc, II:w.i*is.:~ndF~~ccman.Sny:
Kart h C':ti*oIiti:t Y w : Jlw,r<. Vcn:i blc, ;\Iorc~ltc~:id,:mtl 1)xridhon.
Nay: X I ~ h r s .[):it i k . I < t i f t i i \ , X I v l ) o ~ e l l ,: i d C'riiigf.
S ~ ) i l t l ~ ~ ' : ~ ~17(>it:
o l i t ~I :I~t w w Iihctt ;tnd l ~ : t r n \ v ~ I lSay:
.
All,. 13oyce.
llfniiCsm---St~:i : hI 1.. ( 'I I i s r i 11.
rs. I I o u ~ c,Jones,
~,
Ijc IVitt,

\ V T R I:md
~ ~ Oehiltroc.
1, Scott. 13otcltT, nrockenton.
, Nissoiiri, South Carolina,
Y.

Feh. 1, 1862.1

JROVISTONAL CONGEESS.

153

Nay: L41ahama, Floricla, Georgia, North Carolina, Tennessee, and

Texas, ti.
Dirided: Arkansas, 1.
N r . hie. from the Conimittee on the Judiciary, reported
A bill to prohibit oificers, agents, and members of Collgress from
making (;oT-erninent contracts;
read first and second times and placed on the Calelldar and
which
ordcrcd to he printed.
On motion of Nr, Johnson of Arkansas, 100 copies extra of the
reports of the various battles were ordered to bc printed.
Alr. Conrad, from t h e Cornniittee on Naval Aaairs, reported and
rcconiniendcd the passage of
A bill to smtnd an act cntitled A n act to amend an act to provide
f o r the orgnnieation of the Kavy, approved March sixteenth, eighteen
hiindred and sixty-onC~,>andan act entitled An act to [authorize the
Yrcsident to] confer ternporary rank and comniaiid on officers of the
Wavy doing duty with troops, approved December 24, 1861;
which was read first arid second times, engrossed, read a third time,
and passed.
Mr. Halc, from the Coimiiittec: on Military Affairs, to wlioui mas
ref erred
A ~*~~solixtioii
of inquiry as to what legislation was necessary to enable
the Secretary of War t o furnish oiar soldiers, prisoners of war, with
clothing,
reported the saint bttck, aqlced to be discharged from its further consideration, ancl that thci*csolutionlie on the t:tble; wliich was agreed to.
on Military Affairs, made the followMr. Hale, from t l i ~
Cornni
ing report; which
aid on the table, and is as follows, to
mit:
on Military Affairs, to v honi was referrttl a resolution directing
tlieni to inqnircl and report I\ hether hripadier-gcnerals oC tlre Provisioiial Ariiiy are
officw-6 of t h e (onfrttt~ratcstates, gmernlly, indeperictent of any particular command,
or TI hether their o f f i , ~tr~riiiinatewhen the regiments composing their brigades are
tlil-l)andetl,lix\ e hxtl the saint under (,onsideration antl instruct me to report that
bripatlier-~eiieralsin the Irwisional Army are not officers, gencrally, independent
of :my pal ticular coinniantl, but on the contrary, iinctrr t h e provisions of the sixth
section of the act of JIarcll 6, 1861, it is the duty Ot the Prrsltltnt to organize regiments into brigades when the piibhr service so requires; and whenever brigades are
so organimd he shall appoint briaatlier-pt.neraIs to coinmarlil them, subject to the
confir~i~ation
of Congress;. antl the brigatiier-generals so appointed shall hold their
offjt,esonly PO long as their rePpectiJ e brigades continue in service.
Respectful Iy submitted.
S. F. IIALE, Chairman.

Mr. Hale, from the sanic committee, reported back a n d recommended the passage of
A bill t o amend a n act to provide f o r local defense and special
service.
A4r. JTTigfall moved to amend the same by adding at the end thereof
the following proviso, to mit:
protided, Tllat tile troops raised iintlcr this biII shall not bc accepted for less than
three years or the war.

On motion of Mr. Waul, the bill and proviso were ordered to be

printed.
Mr. C:onrad inoved that the Congress proceed to thc consideration
of a hill passed by the Congress ancl returned with an Executive veto,
c

J--\OL

1-0448

754

JOURNAL O F THE

[Feb. 4,1862.

to encourage the manuPacture of gunpowder, saltpeter. and small

arms within the Confederate States.
On motion of Mr. Harris of Mississippi, the further consideration
of the sanie was post oned for the present.
Congress proceedeg to the consideration of the special order of the
day.
The question being on the motion of Mr. Russell to mnend tlw
amendment of Mr. Smith of Alabama to the second section of the bill,
Mr. Smith modified his amendment so RS to read as follows, I iz:
That all money realized under this act and the act to which it is an aiiicntliiirnt
shall be applied to the equal indenintty of all persons loyal ritizenq of tli
erate States, or persons aiding t h e same in t h e pret.eiitwar, TI 210 IIRI c sufff>i
hereafter suffer loss or darnage by confiscation by the (io~crniiivnto f tl
States, or any State government, or pretendwl got eriiriitwt a krion ledgirig a i i t l ilidirig
the Government of the United States in this \!:ti, 01 by the seimio or captore or

Mr. Russell modified his amendment to the amcnclmcnt : ~ n diiiored

to strike out the following words, viz:
or by the seizure or capture or wanton and malicious destruction of pti\ittc
property of such persons on land, or by t h e capture or detention o f
e~ by the
military or civil authorities,

And inserting in 1ic.u thereof thc following mords, to wit,:

or by the ahduction or harboring of slai
destruction of othcr property, real or p r s (
the civil, military, or naval service of the
prctendec-i State government, or other govthr
p m o n in the seri7ic.c.of miy such goverrnnc
person unclor the autliority of nny such gov
the Govcrnnicnt of the Unitcd States, or
Confederate States during the prewnt v a r ; or 1)y the tlc
n, or pwttial dcutrric,tion, of property, to save it fronl captnrc OL usv b y t l ~ c(1
the enemy, and acting in hostility to the Coiif(4eratv
, o r :my of tlrclll; :
by any art, whcthcr done or perniitted undcr St&o or Vc~lc.ral:rathority or
authority of any protendcd go\vrnnicwt xllwring to tlrc ciiciny.

W hercupon,

Mr. Itussell, at the instance of tho S h t c of Virginia, dcrtinndcd

hhat the yeas and nuys of the wholc body lie rccorded thereon;
~
viz:
which i ~ asr follows,
Ahham:i - N : L ~Messrs.
:
Smith, Curry, Chilton, Tli~lr,Xlclkw, and
Jones.
Arkansas -Yc:L:MY. Lhoinxson. N ~ L:Y
lrins.
Florida-Yoa: Mcssrs. Morton, \ V d ,
Geor ia - -Yen: Mr. Forcriian. Nwy :
l n h , O:LN
Ford,
Bass, d n a n , and S;tcpticns.
:
Kentucky--Yen: MPWW.Whitc a i d Elliott. . X : L ~ N
Johnson, Bord, rind 1liom:is.
Loiiisi;itia--Yca: Mr. lerlcinq. N:hy: ;\I(>shr$. I)(. (loiict, (1011r:tcX,
and ISleniicr.
Mississippi-Nay : Messrs. I hrrib, ISroolic, lir:idfoid, t h r i m i , and
Campbell.

Feb. 4. 1862.1

lROTIBIONAL CONGRESS.

Missouri-Yea: XIPSSYS. Clark, Perton. Coolce, Hxri-is, Conrow,

Vest, Freeman, a n d 13~11.
North Carolina-Yeti: Mr. McI)omc.ll. Iu:iy: Messrs. Davis, Avery,
Buffin, Venablc, and Ihvidson.
South Carolina-Hay : Jlessrs. Barnwcll und 13oyce.
Tennessee-Tea: Messrh. House, Jones, and Dc Witt. Nay: Messrs.
Thornas and Currin.
Texas-Say: Messrs. \Vanl, Oldhtmi, and Ochiltree.
Viiginia-yca: hlcssrs. Hunter, ;Slacfarlxnd, Rives, 13otclei*,Brockenbrougb, Russell. Johnston, i d Wa1tc.r Preston. Say: Messrs.
Secldon, Scott, and Staples.
Pea: Florida. Nissouri. Tennessee, and Virginia, 4.
Kaj-: Alalnania, Arkansas, Georgia, Kentucky, Louisiana. Mississippi, S o r t h Carolina, South Carolina. and Texas, 9.
The motion was lo&
IMr. Scddori moved to miend the nniendiiient of Mr. Smith of A h hama to the sc(wn.d hection, by st rilcing out the following words, \ j z :
or by the heizure or captiirc or wanton and malicious destruction of privatv 1)roperty of such persons on land, or by the citptnrc or detention of slaves by the military
or civil authorities,

And inserting in lieu thereof the following words, viz:

or by such acts of tlie enemy or other causes incident to tlic nai a h by future act
of CoriprePg may be described and defined as affording, under the circuin&mces,
proper cases for indrninity.

Mr. Smith accepted thc amendinerit.

Mr. Monroe mowd to aiiiend the aiiicndnieiit as anieiiclod by inserting
a t the end of the a o r d s just inserted- proper cases for indemnitythe following words, riz:
and to satisfy all damages, any officer or soldier of tlic Army of tlie Confederate
States, or any pretended State thereof, or other ncryon acting undcr the authority of
any such offirrr, u 110 has o r shall hare wfferrd b y the sale or seizure of his property
nndcr any execution or order of any judicial court of the C n i t d Rtittrs, or any pretended State thereof, on a n y judgment thereon rcnderd 011 proweding? thyrcwn had
on tlie alleged ground of damages suffered by tlie plaintiff, by the de~trnrtionor
damage or COIII ersion of his property by the act of the defendant in the prosecution
of the present war betupen the Cnited States and the Confederate States.

Whereupon,

Mr. Xionroe, a t the instance of the State of Kentucky, denianclcd

that the yeas and nays of the whole body he recorded thereon; which
are as follows, vizi
Alabama-Nay : Messrs. Smith, Curry, Chilton, and Jonos.
Arkansas--Nay : Messrs. Garland arid Watkins.
Florida-Say : Mr. Morton.
Georgia-Kay : Messrs. Bass and Stephens.
Kentucky-Yea: Messrs. Monroe, Johnson, Ford, Thornas, White,
and Elliott.
Louisiana-Yea: 343. Perkins. Nay: Nessrs. De Clouet, Conrad,
and Kenner.
Mississippi-Yea:
Mr. Brooke. Nay : Messrs. Harris, Bradford,
Harrison, and Campbell.
Missouri- -Yea: Messre. Clark, Peyton, CooBe, IItlrris, Conrow,
Vest, Freeman, and Bell.
North C:arolina--Pea: Mr. Morehead. Nay: Bkssrs. Davis, Avery,
Ruffin, Venable, and Davidson.

756

JOUBNAL OF THE

[Feb. 4, 1862.

Feb. 3, 186'2.1

PROVISIONAL CONGRESS.

457

arid for o thcr purposes,' approved May eighth, eighteen hundred and
sixty-one. '*
3Ir. Xionroc moved that Congress do now Ikdjourn.
'L'ht niotion prevailed; a n d
Congrcss adjouriied until to-morrow at 12 o'clock IB.'

SIXI'Y -Yl%NSD DAY-WEDNESDAY,

FEBRUAXY
5, 1862.

OPEK SESSION.

Congrehs inct pursuant to adjournment, and \vas opened with prayer

by tho ltev. Alr. Crumley.
Air. V'artl Rtlnounccd his resignation and the presonce of his succcs,or, .John I-'.Saiiderson, a Delegate-elect from the State of Florida,
N 110 caiiic forivard, was duly qualified, and took his seat.
Congress then resolved itself into secret session.
SECRET SESSION.

Co~gresqheing in secret session,

O n iiiotion of Mu. Foreman,
Mr. IFard, late R Delegate from the State of Florida, was invited to
a seat on the floor during the sessions of Congress.
iZ mes;.;age w a ~
received from the President, by the hands of his
Private Secretary, Mr. Josselyn.
Mr. Forcnisin moved that the business of the morning hour be suspended, for tho purpose of considering the special order of the day.
niotion did not prevail.
1\51.. Toonibs iiioved to postpone the call of the States and committees, for the purpose of introducing bilk, resolutions, etc., for refercncc only.
The niotion was agreed to.
And Mr. Toonibs introduced
il bill to call forth the inilitia, to resist invasion;
which was read first arid second times, referred to the Committee on
1Llilit:iry Affairs, and ordered to bo printed.
3111. l%triiwellintroduced
11 bill to organize the clerical force of the Treasury Department;
which \ m a read first ant1 second times, referred to the Committee on
Finaiicc, and ordered to hc priiitcd.
Mr. Garland introduccd
A hill to authorize the Secretary of the Treasury to exchange-Lhe
bonds of the Confederate States for bonds of the Memphis and Little
Iiock Railroad Coinpany ;
which was read first arid second times and referred to the Committee
on Xilitary Affairs.
Mr. Rhett introduced
A bill to i~egulatcthe navigation of the Confederate States and to
establish dircct trade with foreign nations;
which W ~ L rS e d first and second tiiiies, ordered to be printed, :Lnd made

R resolution concerning a railroad from Monroe to the line of the

State of Louisiana, west of Shrewport;
Tvhicll 1 ~ read
~ sand referred to the Comniittce on Military Affairs.

758

JOCRNAE OF IHF:

[Feb. 5 , 1862.

Mi-. Harrison presented a coinmnaication; which was referred t o the

Corrimittee on Naval Afhirs, without being rcad:
Mr. Staples offered
A resolution instructing the. Corritirittre on thc ,Judiciary to inquire
into the expediency of reporting tl bill allowing compensation to jailers
for 1tet:ying Confederate prisoners;
which was read and agrccd to.
Jlr. Curriii presented a. iiieinorial on the subject of thc completion
of tho 3lcrriphis and Little Rock 1i:tilroad as n military necessity;
which was referred to the Comrnittec on Military Aff:tii*,, without
being read.
Mr. Macfarland pvcsenkcl :Lclctsigri for :L fhg; which W:LS rcfcrred to
t,lie Coininittee. on Ntig nntl Scd.
Tlic Chair prcsciitd :L iiiesst~gcfroni the liwi(lr,ti t ; ~vliiclii v m read
as follows:
l3.Y I.:ClxI VlC

1)~1~AI~T~lEEl~,

12icit )?lo11c I , I;eh,.lt n T y /i, lS6Q.

TOthe li,onorcdde Presitle,il OJ Congress:

isinit to Coiigrws a coinniunication from tlic
I hercxwi
cstirriatt: oi t Li e Coinmis~ary-G
eiieral.
covcrlllp a
mate was l o tlic 1st,of April; the ;tppr~priatiuiiwits iuade only to
The f o i l
iricladc tlie 18th of Febriiary.
This osLiirlsrk is for a years supply, and is rcconimcnded t
eratioii of thc Congress for the reasons ti& forth in the Secret:
JEFFI;,RROS DhV16.

On motion, the message nnd tlwoinpw ying documcn ts wore referred

to the. Cointnit8twon 1in:mcc.
Mr. ,Joiic:s 01 IPIIIN
i i t c t l t,wo ilcsigiis for ti flag; which
11 1 ~ I ~iuitl
k ~ S~ll.
ii.on1 t,ho liwitlcrit; wliicli W:LS re:d
p11(! (:\Mil ]>L(:Wllkd:I
RS ~ o l l o ~ v s :

Fcb. 5,1862 I

PROVISIONAL CONGRESS.

exclubion ~ I O I I I citizenship of all who are not born on the soil will be
dance with the civilization of the age.
it Yan SCXCdy be necessary to point out t h e evil effects that may be
1 m d u r e d 0 1 1 aliens llow wrving in our Army and on those of our fellow-citizens who
of foreign birth by what will be considered rn a legislative stigma cast on them
a? it class.
JEFFERSON DAVIS.

3Ir. JlcRae, from the Committee on Engrossment, reported as tor-

1)- engrossed and enrolled

A i nact to nnicnd t h e act entitled An act to amend an act to provide
for the org:zriizsttion of the Navy, approved March sixteenth, eighteen
hiundred :d
sixty-one, ap roved May 20, 1861, and an act entitled
An act, to authorize the !resident to confer temporary rank and
conimurtd 0 1 1 o f 5 c e ~of the Navy doing duty with troops, approved
I)eceinbrr 24) 1861.
e ~ v w sreceiled from the President, by the hands of his
etmy, Mr. Josselyn, informing Congress that the Presi-

tlcnt h i s this day approved and signed

An ac.t to anicnd the act entitled An act to amend an act to provide
for thc organization of the Navy, approved March sixteenth, eighteen
hundrcd and sixty-one, approved May 20, 1861, and an act entitled

An act t o authorize the President to confer temporary rank and

command on ofliceus of the Navy doing duty with troops, approved
Deccmbcr 24, 1861.
MY. Ierkins inovcd to postpone the further consideration of the bill.

The motion did not prevail.

Mi,. Elliott deniaiided the question; which was seconded.
And the question being,
Shall the bill pass, notwithstanding the veto of the Presidentt
Thc yeas and naij s uf the whole body were recorded thereon; which
to wit:
arc as follo~vs,~
Al:~I);ii~x-lea: Rlessrs. Smith, Curry, Chilton, Hale, and Jones.
Kay: Air. JlcKae.
Ar1i;insas -Yea: 3Ieshr.s. Garland and Watkins. Nay: Messrs. ,Johnson and T1iom:Lson.
Florid:i-Yea: Messrs. Morton. Sanderson, and Owens.
Georgi:t-Yea: Messrs. Toonibs, Foreman, Hill, and Kenan. Nay:
me sir^. Crawford, Bass:, and Stephens.
Kcntucky--Nay: Xessrs. Monroe, Johnson, Ford, and Thomas.
Louisiana-Yea: Me
. Perkins and Conrad. Nay: Messrs. De
Cloiiet, Krrtiier, and Mitrsha11.
r\.lisqis\i1)pi-Yca: Messrs. Bradford and Harrison. Nay: Messrs.
Harris, I3r.ookc, and Campbell.
>$isq)u:.i Yea: Messrs. Clark, Cooke, and Conrow. Nay: Messrs.
Peytoo, Harris, and Vest.
North Carolina-Y ea: Messrs. Davis, Puryear, and Davidson. Nay:
Messrs. XverJ-, Ruffin, McDowell, Morehead, and Craige.
South Caltolina-Yea: Mr. lthett. Nay: Messrs. Barnweli, Memininger, and Boyce.
M y . De Witt.
Nay: Messrs. House, Jones,
rrpnllcss(y-yea:
Thomas, and Currin.
rIcxas-Xiiy
: Ilessrs. Wigfall, Iteagan, Waul, Oldham, rtnd Ochiltlte.
Virgi11ia-yed: ;\~essys. liivcs, Scott, and Roteler. Nay: M w ~ ~ s .
seddoll, l-lunter, Macfsrland, Bocock, Brockenhrough, 1tussel1, Johnston, and Staples.

'760

JOURNAL O F THE

[Fcb. 5,1862.

Yea: Alabama, Florida, and Georgia, 3 .

Nay: Kentucky, Louisiana, M i s k i p p i , North Carolina, South Carolina, Tennessee, Tcxas, and Virginia, 8.
Divided: Arkansas and Missouri, 2.
So the bill mas lost.
The Chair presented certain estimates from the Secretary of the
Navy; which were read and referred to the Committee on Finance.
Also, certain estimates from the Secretary of the Treasury; which
were read and referred to the Committee on Finance.
Also, joint resolutions of the State of Florida; which were read and
laid on the table.
Mr. Elliott moved that Congress do now adjourn.
The motion did not prevail.
Mr. Johnson, from the Coninlittee on Indian Bfi'xirs, reported back
and rcconimended t h e passage of
A resolution to provide for the transfer of cwtain Indian trust funds
to the Confederate States;
which was engrossed, rend a third tiin(>,and passcd.
Also, a lettter from Williatii Porchcr Miles; which was rc-ferred t o
the Committee on Military Afrairh, without being read.
On motion of Mr. Stephens,
Congress adjourned until 18 o'clock 111. to-morrow.

BTeI>G , lR62.1

PROVISIONAL COBGRESS.

161

Second 1ieuterucnt.y.

F. 13. Palmer, of Georgia, to take rank froin date of confirmation; A. I. Rutherlord, of tieorgia, to kdke rank from date of confirmatiorl; Marshall de Graffenried,
of (;eorgia, to take rank from date of confirmation; James 12. Blount, of Georgia, to
take rririlr fro111 date of confirmation; James S. Madden, of Georgla, to take ra11k
~ J O date
I ~ of (,onfirmation; John R. Well:, of Georgia, to take rank froin date of confiriliation; James T.Armstrong, of Georgia, to take rank from date of confirniation;
Lucius ti. liees, of Georgia, to take rank from date of confiniiation.
~ I ~ ~ f I T ;R
~*o
\ w~E IJ< Y
S, GEORGIA, PROVISIONAL

ARMY.

Second lieutenant.

Frank Steiner, of Georgia, to take rank from date of confirination.

which wttb referred to the Corninittee on Military Affairs.

3x1..B:LSR,a t the instance of thc State of Georgia, moved to reconsider the r o t e referring the nominations in Georgia regiments to the
Coriimittee on Military Affairs.
The motioii was coiicurred in.
MY.Foreinan moved that the noinintitions of the President, in the
Georgia regiments, be confirmed.
The motion prevailed, and the nominations were confirnled, Congress
advising and consenting to the sanie.
On motion,
Congress then resolved itself into Icgislntive swsion.

SIXTY-TE-IIRD DAY-TIIURSDAP,

FEIIRUARY
6, 1862.

OPEX BESSIOS.

Congress met pursuant to adjournment, and W : L ~ opened with prayer

by the Bight ltev. Bishop Early.
Congress then resolved itself into secret
SECRET SESSIOK.

Congress being in secret session,

On motion of Mr. Owens, the name of Mr.Sanderson was substituted in place of that of Mr. Ward upon all coniinittecs of Congress
of which Nr. Ward was a member.
Mr. Seddoll presented joint resolutions of the gcrieral ussernbly of
Virginia; which were read as follows, to wit:
Resolved by the qeiaeral assembly of Krgi?&, That our Rcpreqcntatives in the Conpress of the konfdderate State!: be requested to use their utmost efforts to procure the
passage b y Congress of a law authorizing and liniting impressrnents for the niilitary
bervice of the Confederate States, and providing for the payment to the owner of land
anti personal property such losses and dainagrs as his property may hare sustained
T$ bile i n t h e possession arid use of the Confederate States of America.
Resolced, That the clerk of this house foraard without delay a copy of the foregoing resolution to each of niir Representatives in the Confederate Congress.

XIr. Seddon also offered the following resolution; which was read
nnd agreed to, to Kit:
&aok.ecl, That t h e foregoing resolutions be refcrred to the Co~nrnitteeon the Judiciary, and they k)e instructed to inquire and report ivhat legislation rrray be requisite
to effect the objects therein designated.

Congresr then proceeded to the consideration of the upfinished busineSs of the morning hour; Trhich was the consideration of the proviso offered by Mr. Wigfnll to

762

JOUBNAL O F THE:

[Feb. 6, 1862

A bill to provide f or local defense and special service.

On motion of Mr. Waul, the further consideration of the same
.

WY:L\

postponed for the present.

Mr.Avery, from the Coriimitkx on Military Affttirs, to whom wab
referred
A resolution relating to the claim of the steamer Mary Patt>erson,
re orted the same back, asked to be discharged from its further consi erntion, and that the resolution lie on the table; which was agreccl to.
Mr. Avery, from the same committee, reported back unfavorably
A bill sup lernentary to and amendatory of an act f o r the relief of
the State of ilissouri,
Asked t o be discharged from it\ fnrthcr c.onridcr:ition, nrid t h t tftc
bill lie on the tthle.
On motion of Mr. Vest, the considoration of the report of the coinmittee was ostponed for thc preesent.
Mr. Ochi trco, from tho smic coinniittec, to wlioni was referred the
report of Colonel McIntoA of the 1):tttle of Chnsten:ihlah, reported the
saiiic back, with the rc.cotiiiiicridatioii th:Lt it bc priiitcd; \vliich as
agrecd to.
Mr. Harris of Mississippi moved to postpone the f a r th e r consideration of the business of the tiiorrting h011r, for tlie p u r p o ~ oof considering his motion to reconsider the vote by which Congrcss refuscd to
order to be engrossed for a third reading
A bill to provide for the connection of the Richmond and Danville
and (;reonsboro Itailroads with the North Carolina l i d r o d .
And tipon which, t ~ tthe iristrtncc of tlw Stat(. of hlissiwil)pi, he
dctti:indtd thnt thc yc:is atid n:Lys of the whole body hc i.ecordcd; whic.li
m e ns follows, to wit :
A l : b h l i : L - - Yea: M
Crirry :ind Chiiton.
Arlcansas---Ye:i:
Mi.. I1ioiii:~~on. Nay : hlcssrs. Qarlanti i ~ n d \V:Lt-

1.s.

Morton, Sanderson, and Owens.

Nay : AI ( 3 s I Y . ToonJbci, Forcrnnn,

c raw ford.

Kentucky---Yea: MI.. Monroe.

Louisiana-N:iy: R
lvrk ins, Tilonncr , n11d A h i d i d 1.
Mis5ihsip1li- - Pc:i:
q~1.h. lX:Lrris, 13rooLv, 1!1~:~~11ord,
: ~ n t l1t;wrisoti.
hliswiiri Yw: ~ I V \ S I Xl(>ytorl, ( ( O O ~ C , iitid C ~ I ~ ~ O W .
NorLh (:urolin:L Yw: Alt1sst.s. Averg, M o l * c l i ( ~ i i t l , ltiryew, anti
I):LL itlson. NIL^: Mcssrs. I h v i s , ItiifEii, hlcl)owcll, Vcnablc, a i d
Cr:iip.
South (hroliiia Yctl: Mr. 130)-ce. N:L>-:A h h r s . 12hc~tL: u i d I h r n MY. 11
- Yw: Slossi~s.lhomas :dC i i r i h
r l
. Oldl1,zm.
I osas - Yeit: Mcssr
rwl :idOchil t r w . iv:
Virginin-Yca : Mc
S C ~ l d O I l , 12ococ~k,I3otc
oclwnbi*ongh,
IiUShCll, Stspleb, mtl
tltcr lrcston. Nay:
. Pryor nlld
1
9
s
.

dollttstotl.

Ycu: Alr~bant:~,
Li(:iitd<y, Mississippi, Missouri, Tciiiiessw, TCS:LS,
and Virginia, 7.
Xtty : Arkanstis, Norid:L, Georgi:L, I,onisi,zna, North C
South C:irolin;L, 6.
So the iiiotion to postpon(L provaiicci.

Feb. 6 , 1862.1

PROVISIONAL CON6XESS.

Mr. Harris called the question, and the question being,

Shall the call for the question be sustained?
Mr. Toombs, a t the instance of the State of Geor ia, demanded that
the yeas and nays of the whole body be recorded t iereon; which are
as follows, to wit:
Alabama-Yea: Messrs. Hale and McRae. Way: Messrs. Smith,
Curry, Chilton, and Jones.
Arkansas-Yea: Messrs. Thomason, Garland, and Watkins.
Florida-Nay : Messrs. Morton, Sanderson, and Owens.
Georgia-Nay : Messrs. Toornbs, Foreman, Crawford, Bass, Kenan,
and Stephens.
Kentucky-Yea: Mr. Monroe.
Louisiana-Yea:
Messrs. De Clouet and Kenner. Nay: Messrs.
Perkins and Marshall.
Mississippi-Yea: Messrs. Harris, Brooke, Bradford, and Harrison.
Nay: Mr. Campbell.
Missouri-Yea: Messrs. Peyton, Harris, Conrow, and Freeman.
North Carolina-Yea: Messrs. Avery, McDowell, Morehcad, Puryear, and Davidson. Nay: Messrs, Davis, Ruffin, Venablc, and Craige.
South Carolina-Yea: Messrs. Barnwelland Boyce. Nay: Mr. Rhett.
Tennessee-Yea: Messrs. House, Jones, Thomas, and Currin. Nay:
Mr. De Wtt.
Texas-Yea: Messrs. Waul and Ochiltree. Nay: Rtr. Oldharn.
Virginia-Yea: Messrs. Seddon, Macfarland, Pryor, Hocock, Soteler,
Brockenbrough, and Staples. Nay: Mr. Johnston.
Yea: Arkansas, Kentucky, Mississippi, Missouri, North Carolina,
South Carolina, Tennessee, Texas, and Virginia, 9.
Nay: Alabama, Florida, and Georgia, 3.
Divided: Louisiana, 1.
So the demand for the question was: sustained,
And the question recurring upon the motion of Mr. Harris to
reconsider,
Mr. Curry, at the instance of the Slate of Alabama, dcmandcd that
the Yeas and nays of the whole body be recorded thereon; which tire
as follovs, to ;it:
Alabania--Pea: Messrs. Hale and MclZne. Nay: Messrs. Smith,
Curry, Chilton, and Jones.
Arkansas-Yea: Messrs. Thomason and Garland. Nay: Mr. Watlrins.
Florida-Nay : Messrs. Morton, Sanderson, and Owens.
Georgia--Yea: Mr. Stephens. Nay: Messrs. Toombs, Foreman,
Crawford, Bass, and Kenan.
Kentucky-Yea: Mr. Monroe.
Louisiana-yea: Messrs. De Clouet and Kenner. Nay: Messrs. Perkins and Marshall.
Mississippi--Y ea: Messrs. Brooke, Bradford, and Harrison. Nay:
Mr. Camphell.
Missouri-Yea: Messrs. Peyton, Harris, Conrow, and Freeman.
North Carolina-Yea: Messrs. Avery, Venahle, Morehead, Puryear,
and Davidson. Nay: Messrs. Davis, Euffin, McDowell, and Craige.
South Carolina-Yea: Messrs. Memminger and Boycc. Nay:
Messrs. Bhett and Barnwell.
Tennessee-yea: Messrs. Jones, De MTitt, Thomas, and Cnrrin.
Nay: Mr. House.
Texas-Yea: Messrs. Waul and Ochiltree.

'964

-JOURNAL OF TAE

[Feb. 7, Ib(i2.

Virginia-Yea:
Messrs. Seddon, Hunter, Macfarland, Bocock,
Boteler, Brockenbrough, Johnston, and Staples.
Yea: Arkansas, Kentucky, Mississippi, Missouri, North Carolina,
Tennessee, Texas, and Virginia, 8.
Nay: Alabama, Florida, and Georgia, 3.
Divided: Louisiana and South Carolina, 2.
So the motion to reconsider prevailed.
Mr. Oldham, from t h e Committee on Engrossment, reported as correctly engrossed and enrolled
A resolution i n regard to the transfer of certain Indian trust funds
to the Confederate States.
A message was recpived from the President, by thc liar& of his
Private Secretary, Mr. Jossclyn, informing Congr that tlic President
has this day approved and signed
A revolution in regard to the transfer of cwtain Indian trust funds
to the Confederate States.
Mr. Smith of Alabania nroved to amend by adding to tho end of the
bill the following, to wit:
Be it further ermcted, That the President be authorized to employ the sum of o
hundred and fifty thonsand dollam in the completion of R railroad from or lit
, Demopolis, Alabaina, to Meridian, Mimishippi, i n stich niaiiner and on such terms
as to him shall seein proper.
Re it ficrther enacted, That t h e President be authorized to expend the sum of one
million of dollars in completing a railroad connectioii between Selma, hlabaina,
and Montgomery, bhb&llla,i n such manner and on such terms as to him shall sceiii
proper.

On motion of Mr. Ochiltree, 500 extra copies of the reports of the

various lmttlcs, inoluuivc of t h e report of Major-Crencral Yolk of the
battlc of J3cliiiont,, [ wcre ordered to 1 bc printed.
Mr. L k Witt iiiovcd to rcconsidcr the vote on thc pasbage of
A hill to compensate Syduoy S. 13axtor for certain service.; thcrcxiii
nanicil.
MY,Ochiltrce offered
A resolution relative to tho publication of ccrtain inilitriry bills
passed by the Co~igress;
which was r e d : ~ n dh i d on the talde.
On inotion of Mr. MOIWOC,
d l :imcndments to thc bill to amcnd the
se( uostration wt,, ctc., wcrc ordcrcd to be printed.
motion O-CMI.. , J ( > ~ I ~ Hof ~lal)amtt,
Congress adjourned until 12 o'clock to-niorrow.

bn

OPEN 81':8sIoN.

Congress nict piirsimnt to adjournment, and mas opened with pmycr

by tho Rev. 1)r. Ihgxott.
Congress then rcsolved itself into secret session.
HECNET SICRNION.

Chgress being in secret scssion,

Proccc:dcd to the considewtion of the unfinished business of the
inovning 11o~ir;which W:LY tho consideration of the ftrnendinent of Mr.
'Cl'igfall to

Feb 7,1862 1

PROVISIONAL CONGRESS.

765

A hill to amend an act to provide for local defense and special

scrvicc.
Mr. A w r y moved to amend by striking out all of the bill after the
cnncting clause and inserting in lieu thereof the folloming, to wit:
That the act entitled An act to provide for local defense and special service,
approved l u g u s t twenty-first, eighteen hundred and sixty-one, be, and the sarne is
lierchy, repealcd, providtd that the troops already enlisted under aild by virtue of
said a r t ,rhall be required to perform military service according to thc terlns of their
enlistiiieiit iri the mme manner and to the s a n e extent ay if said act llad not been

Pendiiig the consideration of which, the morning hollr having exllircd,

A nicsaage was received from the President, hy thc hands of his
ri\-ate Secretary, Mr. cJosselgn.
JIr. 12arnwel1, froin the Committee on Finance, by unanimous consent. reported
A bill to niake appropriation for the expenses of Governrncnt ill the
lcgislatirc, cxccutive, and judicial departments from the 18th of February to tlie I h t of April, 1862;
which was read first and second times, placed on the Calendar, rmd
ordered t o be printed.
Mr. Harris of Mississippi, by general consent, introdmwl
A bill to fix the rank of certain ofijcers;
which was read first and second tiines and referred to thc Coinillittee
on Military Affairs.
Rlr. Illacfnrland offered the following resolution; which was read and
agreed to, to wit:
Mpsoli ud, That a committee of one from each State be appointed by the President
of this body, to make such preliminary arrangenients as may be necessgry for the
iiiangurstioii of the President and Vice-President elwt, and to inquire II any and
M list legislation IS necessary for the accommodation UI the two Houses of the perinanent Congress and to report thereupon.

The Chair announced the following as the cotniiiittcc nndcr the foregoing resolution:
JIessrs. Macfarland of Virginia; Mcltae of Alabaina; Watkins,
Arliansaq; Morton, Florida; Foreman, Georgia; Ford, Kentucky;
Ken n er, Lonisiana; Harrison, Mississippi; Ve\ t, Missouri; Sniith,
iiorth Carolina; Boyct, South Carolina; Currin, Tcnncssee; and Ochiltlet, ruX:Ls.
Mr. Rhett offered the following rcsolution; which was read and
agreed to, to wit:
Reaolwd, That the Committee on Military Affairs do inquire and report to this
House 11hether the office of brigadier-general is abolished by the withdrawal of a
regiment or 1 egiiiicnts froin his coininand, >Therebyhis commarid is reduce1 to fewer
regiments t h a n shall constitute a full brigade; and also whethcr, there being four
reginleiits under his command, the departure of one of them, on account of its term
of her\ ice having expired, the brigade is dissolved, and the office of brigadier-general
iq al>oliphed with it; aiid also, whethcr upon the transfer of a brigadier-general who
is in coInma1ld of a brigade of twelve months men to regiments enlisted for the war,
thc coniini&on of such brigadier is thereby extended for the war.

Alr. House, from thc special coirimittec to inquire into abuses in thc,
Qu:trtern?asters and Comrnissxry Ilepartments, by unanimous consent,
introduced
A bill t o create a11 officer styled an auiiitor of contracts;
which Tyas read first and second times, placed on thc Calendar, and
ordered to be printed.
Mr. Garland, by unanimous consent, introduced

766

JOURNAL O F THE

[Feb. 7, 1862.

A bill a propriating $1,000,000 in bonds of the Confederate States,

to be u s e f by the President in supplying railroads with iron and
rolling stock;
which was read first and second times and referred to the Committee
on Military Affairs.
Congress then revolved itself into executive session; and having
spent some time therein, again resolved itself into legislative session.
The Chair presented certain estimates from the becretary of the
Treasury; which were read and referred to the Committee 011 Finance.
Congress then proceeded to the consideration of the unfinished business of yesterday; which was the consideration of the motion of Mr.
Ochiltree t o lay on the tablc the amendment of Mu. Smith of Aliibania to
A bill to providc for the connection of thc Richmond and D a n d l e
Railroad with tlic Inilroads of the State of North Carolina.
Mr. Chilton movcd to postpone iridefinitely the consideration of the
bill and all pending iimendments.
IJpo~iwhich riiotion Mr. Crawford ciilled the question; wliich mas
seconded, ancl
Mr. Rhett, a t thc instance of thc State of South Carolina, demanded
that the yciiii ancl nihys of the whole body bo recorded thereon; which
are as follows, to wit:
Al:ilxima--Yea: Messrs. Smith, Curry, Chilton, and Jones. Nay:
Messrs. Hal(?a i d McRae.
Arlrsns,zs--Yc:t: Mr. Garland. Nay: Messrs. Thomason and
Wfitlci n s.
Floridti- Yen: Mt~ssrs.Mortoii :inti Owens. Nay: M r . Sanderwon.
Georgia - Y e:~: Meshrs. Toonih, F o w n i a n , (r:iwford, I h s , Kenan,
and Step11cn s.
I<cntuclry- Nay: Mcssrs. Moiiroc, ,I olinsoii, V o i d , Ihomas, White,
and Elliott.
Louisiarw- Yen: Mcssrs. P ~ r l < i n s:ind & I ~ r ~ h a l lNay:
.
Messrs.
Do Cloiiet,, (:on rad, il ntt Kcnno r.
Mississippi --Yw: MY.C:~nipl)oll. N:ty: ;\I(
ITarris, Ihooke,
I{radford, iitld 1I:Lrrison.
Missouri- Nay: M rs. IIarris, Coniw\v, Vcst, nnct 13~11.
North (:arolina- -Y
Messrs. I)avis, ltuftiu, I\.lcI)owc~II,ttnd Chige.
Nay: M ~ s s r s Arery,
.
Ven:d~lc,Xlorelmid, lury:irq arid lhvidson.
South C:wolinn --Yea: 1LIcsws. lthett atid 13~irnwc~ll. Nay: Messrs.
hlc irimirigc. r and I3oycr.
I en ti(?ss(c--Nay:
h. Joncs, Ue CVitt, Thoinas, arid Currin.
rcxas-Pca: Mr.
A ~ I I ~Nay:
.
Messrs. Wigfall, Waul, and
Ochiltrac.
Virgitii:i - K:ty: Messrs. Setldon, Huntw, Macfarland, Fryor,
Ihcock, l l i v ~ s Scott,
,
Ihtelt\r, :tiid 13rockmbrough.
Yc~L:A b b s n i : ~ ,I~loi*id:L,: t r t d Gcwrgia, 3.
Arlctmsw, lienluc+lcy, I,oUisiatlii, Mississippi, Missouri, Korth
ct,EiCItt,
r r (nncsscc, l~x:i\, :Lilt1 Virgini:i, 3.
Divided: Sonth CtwoliniL, 1.
So t h o inotion did not ,rcvsil.
Upon inotion of Mr. Ilnrris of Mississippi, leave was granted to the
khcrottiry of War to withdr~iwthe reports of the varions battles, for
thc piiiyoie of correcting thc same.
And t,he question recurring upon the notion of MI.. Ochiltree to lay
the amendment of Mr. Smith of Alabarns on the bble,
1
2
s
.

,l

Fcb. 7 , 1562.1

PROVISIONAL CONGRESS.

111. c u r r y , :it the instance of the State of Alabama, demanded t h

tht. reas arid nays of the whole body be recorded thereon; which are
as follows, to wit:
Alabama--Yea : A!!essrs. Currj-, Hale, and McRae. Nay: Messrs.
Smith, Chilton, and Jones.
Arkansas-Yea:
M~ssrs.Thoniason and JVatkins. Nag: Mr. Gar+land.
Florida-- yeti: hlr. Sanderson. Nay: Messrs. Morton :Lnd Owens.
Gcorgia -Yea: Messrs. Kenan and Stephens. Nay: Messrs.
Toonihs, Forcrnan, Crawford, and Bass.
I<entucky--Yca: Messrs. Monroc, Johnson, Ford, Tholnas, and
Elliott.
Louisiana-Yea : Messrs. De Clouet, Conrad, and Kenner. Nay:
Blcssrs. Perliins and Marshall.
1Vlississipp-Yea: Messrs. Harris, Rrooke, Ihadford, and Harrison.
Nay: 1\31.. Camp1,ell.
Missouri-Y en: Jkssrs. Yeyton, Harris, Conrow, Vest, Freeman,
and Hell.
Korth Cmolina-Yea:
If rs. Davis, Al-ery, Ruffin, McDowell,
Venable, Morehead, l'iiryear, Craige, and Davidson.
South Carolina-Yea: Messrs. Mhett, Barnwell, Mcniminger, and
13oyce.
Tcnnessee-Yea: Messrs. ,Jones, De Witt, Thomas, and Currin.
Texas-Yea: Messrs. Sl'igfall, M'aul, Oldhanl, and OcLiltree.
Virginia-Yea:
illcssrs. Seddon, Hunter, hlacfarland, Pryor,
I3ocock, Kires, Scott, Eoteler, and Brocbcnbrough.
Yea: Arkansas, Kentucky, Louisiana, Mississip ii, Missouri, North
Carolin:i, South Carolina, Tennessee, Texas, and irgitiia, 10.
S a y : Florida and Georgia, 2.
Divided: Aiabaniw, 1.
So the motion prcrailtd
M r . Ochiltrce called the question.
And tlic q i i c h o n bring,
Shull thc call f o r the question be sustaincd?
Mr. Kcnan, :Lt the instance of the St:tte of Georgia, dcni:incled that
tlic J-cas and nays of the whole body he recorded thereon; .v~hiohare
ah follows, to wit:
Alabama-Yrs : Messrs. JIale and McBae. flay: Mcssrs. Smith,
Curry, Chilton, and .Jones.
Arliansas-Yea: Messrs. Thoirlason and Watkins. Nay: Mr. Garland.
Florida--Yea: &fr. Sandcrson. Nay: Mrssrs. Morton aiid Owens.
GeorgiLt-Nay: Nessrs. Toombs, Foreman, Crawford, Bass, Kenan,
and Stephens.
Kentucky-Yea: Messrs. Monroe, Johnson, and Thomas. Kay:
Nr. Ford.
Louisiana-Yea:
Messrs. De Clouet and Conrad. Nay: Messrs.
Perkins and Marshall.
lqississippi-yea: Messrs. Brooke, Bradford, and Campbell. Nay:
Mr. Harrison.
lqissouri-yea: Messrs. Harris, Conrow, Vest, Frecniltri, and Bell.
Nortll &ro]ina-yea:
Messrs. Davis, Avery, Siiiith, ltuffin,
McDo-weil, Morehead, Puryear, and Davidson. Xay : Mr. C~*aige.
South Carolina-Yca: Messrs. Barnwell, Memminger, and 1)oyce.

Nay: Mr. Rhett.

768

JOURNAL OLC THE

[Feb. 7, 1862.

Bcb. i , 1hGL.I

PROVISIONAL CONQRESS.

769

Arkansas-Yea: Mr. Garland. Nay: Messrs. Thomason and "atkinb.

Florida-Yea: Messrs. Morton and Owens. Nay: Mr. Sanderson.
Gcwrgia-Yea: Messrs. Foremm, Crawford, Bass, and Kenan.
Kentucky-Nay : &tessrs. Monroe, Johnson, Ford, Thomas, and
Elliott.
Louisiana-Yea: Messrs. Perkins and Marshall. Nay: Messrs. De
Cloiret and Conrad.
Mississippi -Nay: Messrs. Harris, Brooke, Harrison, and Campbell.
Mibsouri-Nay : Messrs. Harris, Conrow, Vest, Freeman, and Bell.
Sorth Carolina-Yea: Mr. Ruffin. Nay: Messrs. Davis, Avery,
Smith, McDowell, Morehead, Puryear, Craige, and Davidson.
South Carolina-Bay: Messrs, Barnwell, Memminger, and Boyce.
Tennessee-Nay: Messrs. House, Jones, De Witt, Thomas, and
Cirrrin.
d
Texas-Nay : Messrs. Wigfall, Waul, and Ochiltree.
Virginia-Nay : Messrs. Seddon, Macfarland, Pryor, Scott, Botclcr,
and Brockenbrough.
Yea: Florida and Georgia, 2.
Nay : Arkansas, Kentucky, Mississippi, Missouri, North Carolina,
South Carolina, Tennessee, Texas, and Virginia, 9.
Divided : Alabama and Louisiana, 2.
So the motion did not prevail.
Mr. Kenan again moved that the Congress do now adjourn.
Upon which Mr. Thomas, at the instance of the State of Tennessee,
demanded that the yeas and nays of the whole body be recorded
thereon; which are as foIIows, to wit:
Alabama-Nay : Messrs. Smith, Hale, McBae, and Jones.
Arkansas-Y ea: Mr. Garland. Nay: Messre. Thomason and Watkins.
Florida-Yea: Mr. Owens. Nay: Mr. Sanderson.
Georgiti-Y ea: Messrs. Toombs, Crawford, Bass, and Kenan.
Kcntucky-Nay : Messrs. Monroe, Johnson, Ford, Thomas, and
Elliott.
LouisiansL-Nay : Messrs. De Clouet, Conrad, and Marshall.
Mississippi-Nay : Mcssrs. Rarris, Brooke, Harrison, and Campbell.
Rilissouri-Nay : Messrs. Peyton, Harris, Vest, Freeman, and Bell.
North Carolina-Yea: Mr. Ruffin. Nay: Messrs. Davis, Avery,
Smith, McDowell, Venable, Morehead, Puryear, Craige, and Davidson.
South Carolina-Nay : Messrs. Barnwell, Memminger, and Boyce.
Tennessee-Nay : Messrs. House, De Witt, Thomas, and Currin.
Texas-Nay : Messrs. Wigfall, Waul, and Ochiltree.
Virginia-Nay : Messrs. Seddon, Xacfarland, Pryor, Bocook, Rives,
Scott, Boteler, and Brockenbrough.
Yca: Georgia, 1.
Nay : Alabama, Arkansas, Florida, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas,
and Virginia, 12.
So the motion did not prevail.
Mr.Macfarland offered the following resolution; which was read
and agreed to, to wit:
&solved, That the Committee on Pay and Mileage inqujre what provision should
be made to equalize the allowance to the members of this COWrWS to Pronde for
their traveling expenses, with leave to report by bill or otherwhr
h: J-VOL

1-0449

710

JOURNAL O F THX

[Feb. 7, 1862.

Xr. Curry withdrew his demand f o r the reading of the engrossed

copy of the bill.
And the bill was engrossed, read a third time, and the question
being u on the passage of the same,
Mr. Curry,
P at the instance of the State of Alabama, demanded t h R t
the yeas and nays of the whole body be recorded thereon; which are
as fdlows, to w3:
Alabama-Yea: Messrs. Hale and McRae. Nnv: Xessrs. Smith,
Curry, Chilton, and Jones.
Arkansas-Yea: Messrs. Thomason and Watkins. Nay : Mr. Garland.
Florida-Yea: Mr. Sanderson. K i ~ y :Messrs. Morton and Owens.
Georgia-Nay : Messrs. Toomhs, Eorcman, Crawford, Bass, Kcnan,
and Stephens.
Kentuaky-Yea: Messrs. Alonroo, ,Johnwn, Ford, Ttioinas, and
Elliott.
Louisiana-Yea: Messrs. Dr, Clonct, Conrad, and Kcnner. Nr~y:
Messrs. Perkins and &lar,shall.
Mississippi-Yea: Messrs. Harri5, Brooko, Bradford, ant3 E I : u ~ i ~ o n .
Nay: Mi-.
Campbell.
Missouri-Yea: Mcssrs. leyton, fIarrih, Conrow, Vcst, Frecrriaii,
and Bell.
Wort,h Carolina-Yea: Messrs. A ~ e r yVcnable,
,
Morehead, Puryear,
and Davidson. Nay: Messrs. Davis, Smith, Buffin, MIcDowell, and
Craige.
South (Jaivlina-Yes: Me
. 1Clenunirqyr :Lnd Boyce. Nay: MY.
Barnwell.
r7
lenneusee--Yen: Mcssrs. Joncs, I h \.\itt. I I ~ O I ~ I ~ L S , :tnd Currin.
Texas-Y GI: Mcs
]Vat11 :nld Oc*lliltl.c~c~.XZtJ : JIY. OldhtlL11.
Virginia---Yea:
IS. Sccldon, h f i ~ ~ f : t ~ . l ~ i130rm*I~,
tld,
Itivrs, S(*ott,
Botcler, and 13rockcnlmq$i. Nxy : A I Y . lq-or.
Yea: Rrkans:is, I<cntucliy, I,oui+iri::, Mihsissippi, Miswuri, Youth
Carolina, Tennessee, rlexas, and Yirginia. 9.
Say: Alwhania, FIoricl:h, and Gcorgi:L, 3.
Divided: North Carolina, 1.
So tho bill was passed.
And o n motion of MY. Elliott,
Congress udjourned until 12 ~cloelii n . to-morrow.

Congrcs? being in executive scssion,

The Cltnir 1:ricl before Congress the following conmunia~tionfrorn
the President:
RICIIMOND,

Fehlllctry 6 , I&:?.

To the Ere.sidtni or t / i c Conpess qf Ute Cortfedercite 8titate.s nf itnzerica:

L nominatn. tlie oflicers named in the annexed list as recoiiimerided by thc Sccretwy of the Navy.
JEFFERSON DAVIS.
hieufcnant, ivdy Confedwde Stoles.

Dulaney A. Forrest, of Virginia, late a lieutenant in the United States Ravy.

YKOVISIONAL CONGRESS.

,%rgeon, S u r y Confederate States.

[tic !lard \V. Jeffery, of Virginia, late a surgeon in the Cnited States Xal-y.
'I?ic riomiriations were referred to the Committee on Nttval ati;lirs.

T h o Cbair laid before Congress another commuilication from the

1'rcJdent; which is as follows, viz:
Ricnxom, VA., &%brunry 6, 1862.
the Cungras OJ" thv Co/qeckruteStfiteu uf iinaerica:
I Iioiiiinatc the officersnamed in the annexed list, agreeably to the recommendation of the Secretary of the Savy.
JEFFERSON DAVIS.
7;) tile P ~ e s t d e i i o
tf

Tn be captains in tlw Kacy Co~fedtmieStates.

Smith Lee, of Virginia. and William C. Whittle, of Virginia, coinmaiiders
vy of the Confederate States.

On niotion of Mr.Wntkins,
T h e noniinations were referred to the Comniittee on Naval Affairs.
T h e Chair laid before Congrcss a communication from the President,,
snbniitting for the action of Congress a list of nominations recommended by the Seeretar? of W a r for confirmation as officers in tho
Army of thc Confederate States; which was referred to the Coiiiniittee
on Alilitary -4flairs.
Alr. Conrad, from Committee on Sara1 Affairs, to which had been
referrcd the nominations of the P r c d e n t , Deceniber 24, reported the
sanio back, with the recommendation that thc said nominations be
con fi rnicd.
On motion, the consideration of the appointment of Algernon 8.

Taj-lor, of Virginia, as captain in the Jlarine Corps, was postponed.

The nomination of Sicholas 13. Van Zandt. of the District of Colurnbia, late a lieutenant i n the United States K:ivy. to be a lieutenant in
the Savy of the Confederate State,, ' i ~ a bcontirmcd.
Congress then resoIT-ed itself into legislative bcssion.

SIXTY -FIFTH DAY-SATURDAY,

FEBRUAI~Y
8, 1862.

OPES SESSIOS.

,Congress rnet pursuant t o adjournment, and was opened with prayer

by the Right Rev. Bishop Ear17.
Congress then resolved itself into secret session.
SECRET SESSTOX.

Congress being i n secret session,

The Chair presented a design for a flag; which was Yeferred to the
Committee oa the Flag and Seal.
Congress then proceeded to the consideratior1 of the unfinished businesq of the morning hour; which was the consideration of the pro\ is0
offered by Mr. Wigfall to
A ])ill to alnend an act to provide for local defense and special
service.
ITpon which &IT. Aliery called the question; which was seconded, and
the vote having been taken thereon, the amendment was not agreed to,

772

JOUBNAL 03' THX

[Feb. 8,1862.

The question then recurring upon agreeing to the arnendmant of M r.

Avery as a substitute for the whole bill,
Mr. Wigfall, at the instance of the State of Texas, demanded that
the peas and nayh of the whole body be recorded thereon; which :we
as follows, to wit:
Alabama-Yea: Messrs. Smith, Curry, and Jones. Nay: Mcssrs.
Chilton and Hale.
Arkansas-Nay : Messrs. Thomason, Garland, and Watkins.
Florida-Nay : Meshrs. MorLun, Sanderson, and Owens.
Georgia-Bay : Messrs. Toombs, Forem:tn, Bass, and Stephens.
Kentucky-Yea: Messrs. Ford and Elliott. Nay: Mcbsrs. Monroe,
Johnson, Thomas, and White.
Louisiana-Nay: Mcssrs. Perkins, Dc Clouct, Conrad, Kcnner, and
Marshall.
Mississippi-Yea: Messrs. Warris and Campbell. Xay : hlessrs.
Brooke and IIarriuon.
rs. Conrow, Vc!st, Frecinan, arid 13cll.
Mcssrs. Avcry, Ruffin, Vcrrxblc, Craige, and
h. Dtvis, Smith, and &kDowcU.
: Messrs. I3arnwell wid I3oyce. Nay: Mr.
Rhett.
Tennessee-Yea: Messrs. Jones, Thomas, and Currin.
Texas-Yea: Mcssrs. Wigfall and Ochiltrce. Nay : Mr. Waul.
Virginia-Yea: Mr. Pryor. Nay: Rlessrs. Seddon, Rotcler, Russcll,
and tJohnston.
Ye:&: Al:~b:tin:~,
North Gwolina, Sontlr C:woIim, Tenncsscc, : ~ n d
Texas, 5.
loridu, ( h y g i i t , Kent ucl\j , Loni+i:in;i, Misaotiri,
t) WLS not tqi'ccd to.
b4.r. C)ldhani, fiwnt t I r c Conririittce on Ihgroswicnt, iqmrtcd as rorroctly cngrowcl : ~ n dt~rirollctl
An nct to ploviclo for c.ortnc1c.tinj.y thc, Iticliniond :it~d1):tnvillc :trid
tho North (:ilrolitl:L li:~ili*o&, t 01'~\ri!it:~ry~ I I I . J ) O W ~ .
MY.A v c ~ rniovcri.
~
to rccoiisitlcr tlic 'i otct t)). whiclr hi, :trrirtidrirciit
w us r c icc:tc d .
M i . K c w ~ nniortd to postpow tlic i ' a ~ t l r c ~c.ousidrr:idon
.
of tlw ))ill
until ,Montliiy.
U p r i which 111..Bctldoii deinnndcct t h quchtiori; :ind tIw yotc having I)ccii t:ikrn tlrcrcon, thc niotion p r w d c d .
On ~ i r o t i o nof RIr.. Conr:id, Congrc thcii rc~solvcditself into <~:,o(yino thcrcin, ag.ain rcsol\-rd itself

T h o Cltair prcwitctl : )inmimication from the president of thc r:droad (wnwntioii now t~ niblcd in tlic city of 1tic.hrnond; which WLS
react :~ndlaid on tli(. tablo ior the prosent.
Mr. [Ittrris of M ishissippi inoved that (:ongrcss procccd to tho cc~iisiderdioii of the bill t o : ~ i n c ~ n tthc
t
scquestmtioo act, etc.; which was
agTeeCl $0.
Arid the (1ucstioi~being upon agrccing to the xiiiendment of MI-. Russell to thc :tnicndnicirt of Mr. Smith of Alalsania to the second section
of tho bill,

Feb. 8, 1862.1

PROVISIONAL CONGRESS.

1x1'.Smith, at the illstance of the State of Alabalna, demanded that

the yeas and nays of the whole body be recorded thereon; which are as
follows, to wit:
Rlahaniti-- XR? : &ssrs. Smith, Chilton, Hale, McRae, and Jones,
Arlcanc,as- Yea: A h . Thomason. Nay: Messrs. Johnson, Garland,
and Ti'atkins.
Florida-Yea: Xessrs. Sanderson and Omens.
C;eorgia--Say : ;s/lessrs. Toomhs, Foreman, Bass, and Hill.
Kentucky-Xay : hfessrs. Monroe, Johnson, Thomas, and White,
Louisiana-Yea: M v . Conrad. Nay : Messrs. Perkins, De Clouet,
and Kenner.
i\ilississippi--saj:
Messrs. Harris, Brooke, Bradford, Harrison, and
Canipbell.
Xissouri-Yea: Messrs. Harris, Conrow, and Freeman.
Korth Carolina---Yea: Messrs. McDowell and Morehead. Nay:
Messrs. Davis, Avery, Smith, Ruffin, and Davidson.
South Carolina-Yea: Mr. Barnwell. Nay: Messrs. Rhett, Memminger, and Boyce.
Tennessee-Y ea: Mr. De Witt. Nag: 1Silessrs. House and Currin.
Texas--Say : I1'Iessrs. Wigfall, Waul, and Oldham.
Virginia- Yea: Messrs. illacfarland, Pry or, Bocock, Boteler, I3rockenbrough, Russell, Johnston, and Staples. Nag: Mr. Seddon.
Yea: Florida, illissouri, and Virginia, 3.
Nay : Alabama, Arkansas, Georgia, Kentucky, Louisiana, Mississippi, Korth Carolina, South Carolina, Tennessee, and Texas, 10.
So thc nniendment to the amendment was not agreed to.
The question theii recurred upon agreeing to the amendment of Mr.
Smith.
And the rote having been taken thereon, the saiiic was agreed to.
And the section as amended is as follows, to wit:
SEC.2 . That all nioney realized under this act and the act to which this is an
amendiiient shall be applied to the equal indemnity of all persons loyal citieeiis of
the Confederate States, or peilonp aiding the same ill the piehent war, who have
,dferetl or who m a y hereafter suffer loss or daniage by confiscation by the Governnient of the United States, or by any State gokernment, or pretended governrnellt
acknou ledging and aiding the Go\ ernnlent of the Cnited Stateb in this war, or by
such acts of the enemy or other causes incident to the war as by future a c t of Congrew may be described and defined as affording, under the circuinstances, proper
8 for indelltnity.
And all money realized as aforesaid shall be paid into the Trmsa h provided by an act to which this is an amendment, and the faith of the Conrate States is hereby pledged that the same &all be refrmded as required for the
purpTeb aforesaid. And the Secretary of the Treasury shall cause a separate account
of Faid money to he kept in well-bound books prepared for that purpose.

Mr. Collrad moved to amend by inserting as section 3 in the bill

the following, to wit:
Said fuzld shall also be applied to the indemnity of all persolls vho may sustain
damage by the abduction or harboring of slaves, the seizure of cotton, rice, tobacco,
sugar, or illllitary or naxal supplies, or by the destruction of the same to prcverls
their being taken by the enemy.

Up011which, stt the instance of the State of Louisiana, he demanded

that the vcas and nays of tho whole body be recorded thereon; which
are as foilows, to wii:
Rlabanla-yea: Mr. l\MiXae. Kay: Messrs. Chilton, IIale, and
Arkansas-Nay: Messrs. Johnson, Thornason, Garland, and Watkins.

JOURNAL O F THE

flreb. 8,1862.

Florida--Nay : Messrs. Morton and Owens.

Georgia--Nay : Messrs. Toornbs, Bass, and Hill.
Kentucky-Nay: Messrs. Monroe, Johnson, and White.
Louisiana-Yea: Messrs. De Clouet and Conrad. Nay: Messrs.
Perkins, Kenner, and Marshall.
Mississippi-Yea: Mr. Harrison. Say: Messrs. Harris, Brooke,
Bradford, and Campbell.
Missouri-Yea: Messrs. Harris and Conrow.
North Carolina-Yea: Mr. Norehead. Nay: Messrs. Davis, Avcry,
Smith, Xuffin, and Davidson.
South Carolina-Y ea: hilessrs. Rarnwell and Eoycc. Say: Jfr.
Meinminger .
Tennessee-Yea: Mr. Jones. Say: Illessrs. HOU~C,
De Witt, :md
Thomas.
Texas-Yea: Mr. Oldham. PITSLY: MY.Ochiltrec.
Virginia-Yea: Messrs. Bocock, I3i~oc~ltcnbrongh,and Johnston.
Xay: Mcssrs. i\lacfkrInnd m d Staples.
Yea: Missouri, South Carolina, and Virginia, 3.
Nay: AlabamiL, Arkansas, Florida, Georgia, Kentucky, Louisiilna,
Mississippi, North Carolina, and Tennebsee, 9.
Divided: Texas, 1.
So the amendmmt wi~snot agreed to.
And the third section of the bill being under consideration; which
is as follows, to wit:

iric~iid

t h e follo~viiigproviso, to wit:
thc

1iosoit

1,s iiiswtiug nftcr t i e word

by ttdding at the cnd of th

having the posc&m or Control of any moiity of

debt or c h i n r and (1
CWS.
And if the ( *
saiiic nhall fortliwitl
t l c ~ ~ ci ne hvorof
aitiouiit origi~nllyi
otlicrvi isc IN, slinll I

Tho rmieridmeiit was ilgrced Lo.

Feb. 8, lWZ]

PBOVISIONAL CONGEESS.

311.. Russell moved to amend by addingat the end of the secti

folloxing, to wit:
If any garnishee shall allege and prove that the consideration of the debt claime
froin him was property which has been wholly or partly taken from hlm, or destroyed
bv t h e erleniy or returned to the creditor, the value of the property so taken,
dbstroycd, or returned shall be deducted from said debt.

The amcndment was not agreed to, and the section as am

as follows, to wit:
SEC.3. That it shall he the duty of every pemon actually in possession of or having under his control any money, property, effects, or evidences of debt belonging to
an alien enemy, speedily to inform the receiver, and to render an account thereof,
and at once to pay over to t h e receiver and to deliver to him such property and effects
and evidences of debt, and such payment and delivery shall be made without regard
to whether any proceedings hare or have not been instituted to confiscate the sanie.
And any person who, after giving such information, shall fail so to pay over ?Id
delirer o n demand, made by the receiver, shall stand i n contempt, and t h e receiver
shall a t once move t h e court or judge to proceed against such party as in other m e s
of contempt, and the court or judme may imprison the offender until h e shall fully
comply with the requirements of tks act. And such payment or delivery shall full
acquit and discharge the party from all and every claim for or on account of
money, property, effects, and evidences of debt. 9 n d the receiver shall give such
person a receipt, specifying the amount of money, the property, effects, and evidences
ot debt, as paid and delivered, and the name of the ahen enemy on account of whom
the Pame shall be paid and delivered: Irowided, That when the person haying the
possession or control of any money of a n alien enemy asserts a debt or claim in his
own favor against such alien enemy, he may file it in writing, swearing that he
believes himself juPtly entitled to the same, i n the district nhere he rebides, he shall
not be compelled, i n the first instance, to pay o\er to the receiver the amount thus
propounded and claimed by him. But the court shall then proceed to examine and
try the ~ a l i d i t yof the said debt or claim and decree according to the facts found
and the right and justice of the case. And if the court decides against the debt or
claim, t h e paity setting up the same shall forthrith pay over tho sum so retained by
him. And if the court should decree in favor of the debt or claim thus propounded,
and it exceeds the entire amount originally i n the possession of such debtor or claimant, he shall pay no costs; otherwise he shall pay all costs incident to the proceedings.

sue$

And the fourth section of the bill being under Consideration; which
is as follows, to wit:
SEC.4. This act, and the act to which it is an amendment, shall not operate to
avoid any payment bona fide made to an alien enemy, or to affect property, bona
fide and absolutely transferred by any alien enemy to a faithful citizen of the Confederate States.

Mr. De TVitt moved to amend the same by inserting after the word
transferred the words o r conveyed.
The amendment was agreed to, and the section as amended reads as
follows, to wit:
SEC.4. This act, and the act to which it is an amendment, shall not operate to
avoid any payment bona fide made to an alien enemy, o r to affect pro erty, bona
fide and absolutely kransferred or conveyed by any alien enemy to a faittful citizen
of t h e Confederate States.

And the fifth section of the bill being under consideration; which is

as follows, to wit:

SEC.5. The following persom shall not be taken to be alien enemies under this act,
or t h e act to nhich this is an amendment:
I. Persons who nolz~have bona fide become permanent residents of ally State of
tllis Confederacy, arid are actually residing and domiciled within the same, yielding
and acknowledging allegiance thereto, and who have not, during the present war,
roluntarily contributed to the cawe of the enemy.
11. All persons born \tyithin any State of this Confederacy, and all citizens and
subjects of a neutral country, who, since the breaking out of the TTar, have abandoned
thcir donlicilcs and ceased their busines in the enemys country, and who have not

776

[Feb. 8,1862.

JOURNAL O F THE

voluntarily contributed to the enemys cause; and all persons aforesaid who bona
fide have commenced to remove as aforesaid themselves and effects from the enemys
country, and who have been and still are prevented from completing such acts, by
the actual force or power of the enemy.
V. All married women, natives of any State of this Confederacy, M-ho shall not be
shown to have voluntarily contributed to the cause of the enemy. A11 infants under
t h e age of fourteen years, natives of any State of this Confederacy, and taken to and
now within the enemys country, without lawful authority i n the party taking thein
to change the infants domicile. A11 persons who are non compos mentis, and who,
when they became such, were citizens of a State of this Confederacy, and who have,
during such state of mind, been removed and kept within t h e United States.
VI. Free pemoncr of color, M. ho, by t h e laws of any State h a r e been compelled to
remove beyond the limits thereof, a i d art by law prohihited from returning to such
State, and who haw not in any nise aided the enemy. I n all cases, persons claiming
the benefit of the foregoing exceptions, shall be Icyuired to prove affirmatively that
they are entitled to tho same.

Mr. Harris moved to amend by striking out, thc following words,

to wit:

V. All married women, natives of any State of this Confederacy, n h o dial1 not be
shown to have voluntarily contributed to the cause of the cneiny 1\11 infants under
the age of fourteen years, natives of any State of this Confederacy, and taken to and
now within the enemys country, \\ithout lawful authority iu the pai t y taking thcm
to change the infants domicile. All persons who are non compos nir~iitis,and who,
when they became such, were citizens of a State of this Confctleracy, and who hare,
during such state of mind, been removed and kept M ithiii the United h t e s .

And inserting in lieu thereof the following words, to wit:

All persons born within any State of this Confederacy who, since the breaking out
of the war, have abandoned tlicir doniicile and c~asedtheir busincss in the cneinys
country, and all persons aforesaid who have bona iide connnenccti or attenipted to

inns resident in the Confcdernte States, :ml I\ ho 11:i\ P not \ oliiiitarily contrihutetl
to tho eneuiys cause, and all ini:iow rind(.r tlic :igv of t o i i I l w n ycnrs.
On motion of Mr. Scott), tht! fiirthc.r considcixtioii of thc b i l l \ \ a s

postponed imtil Monday :it, 12 oclo~k111.

Arid the bill :is ftir ns pcrfcctcd :itid :d1 ninctidriiciits to tbc mine wcrc
ordercd to bc, printnd.
MY. wnlll nlovcct tht1C tllc
* s1i:dl hcrmftclr corn1tlCtlOt> ILt 1 I O C ~ l O ( ~ tL.
k 111.
I\
1 ho motiolr W : L ~rigrectl to.
Mr. Ocfiilt wc, f i * o i n tlic C h n i i i i i ttce o n Pay t i d illilc:qy, to \\ h o i t i
W2LS rc,fc ITcd
A bill siipp1ptiient:Ll to tin not to fix tho pay o f m ~ i l i I ) o rof
s Cone
of the Coiifctlcratc States of Aiiic i*ic yt,
yoported tho s t m c I)iicli, with the recomiiicntl:ttion t l d it p
mendrncat.
And the qucstion being upon :tgrwiiig to thc amendment, which w:ts
to strike out tho wholc of the original bill tilid tu insert in lien thewof
thc following, to wit:
d0 PJLffcf,That (;. 11.
c~liinontl,lii-gini:i, mid

Feb. 8, 18F2.:

PROVISIONAL CONGRESS.

717

returning h o w to bc wtimated by the usual route of travel, and to eight dollam a

day durincr this sePSlon Of Congress, from the date of the approval of an act to
orgsBnim the 'Territory of Arizona, to be paid i n the same manner provided by law
for the coinpenuation of members of Congress.

' 1 % ~\rote
taken thereon, and the amendment mas agreed to.
Arid the bill was engrossed, read third tirne, and assed.
Mr. Ochiltrec, from the same committee, reporteg
A bill to amend an act to fix the pay of niemhevs of Congress of the
Confedwate States of America, approved March 11, 1861;
which w a s read first and second times and laid on the table.
A h . 'I'honlas of Tennessee offered the following resolution; which
w a i rcacl and agreed to, to wit:
12esoli erl, That five hundred copies of the reports of Brigadier-Generals Pillow and
Chci~thaiii,of the battlc of Belniont, and General A. S. Johnston's General Order,
So. 5, in relation to mid battle, be published for thc use of Congress.

Mr. Chilton offered the f o l l o ~ i n gresolution; which was read and

agreed to, to wit:
l:rsoZiecl, That thc Secretary of the Treasury cause to be paid, out of the contingent
iuml ot clongre-, the
enpw incurred by the Coininittee on Public Buildings for
tht. turniture and iurn
rig of coinmittee rooins, and for t h e rent of said rooms, at
the late ot two liundred dollars per month, from the fifth of December, eighWen
hundred and iiuty-one, to the eighteenth of February, eighteru hundred arid sixtyt n o: Proz X e d , That the acting chairniaii of mid conimittee shall first approve each
account for b d i d expense?.

On niotion of Mr. Hale,

Congress adjourned until 11o'clock a. in. on Monday.
EXECUTIVE SESSION.

Congress being in executive session.

MI-.
Conrad, froin Committee 011 Naval Affairs, to which had been
referred communication of the President of JanLlary 27, nominating
lieatenants for the war i n the Kavy of the Confederate States of
America, reported the same back, with a recommendation that they
be confirinled: which was agreed to, Congress advising and consenting
to the same.
MY.Conrad, from the same committee, to whom was referred the
corrlniur~icationof t h e President. withdrawing the name of Joseph E.
LirldsaJr and nominating James E. Lindsay as assistant surgeon i n the
Navy of the Confederate States, reported the same back and recommended that he be confirmed.
Congress advised and consented to the same.
;Mr. Conrad, fro111 the same committee, to whom had been referred
a message of the President, making sundry noniinations in the Navy
of the Confederate States, reported the same back, with a n ~ o m m e n dation that Congress advise and consent to the Same; which was
agreed to.
Congress then resolved itself into legislative SCsSion.

718

JOURNAL OF THE

SIXTY-SIXTH DAY-MONDAY,

[Feb. 10,1862.

FEBRUARY
10,1862.

OPICR SESSION.

Congress met pursuant to adjournment, and resolved itself into secret

scssion.
SECRET SESSION.

Fcb. 10,1862.1

PROVISIONAL CONBBESS.

rc1mrtt.d the same I)wck, asked to be discharged fronl its further con.
sideration, and that the 1-esolution be referred to the Committee on
Military Affairs; which was agreed to.
.
hlr. Bxrnwell, from the same committee, to whonl was referred
11 resolution instructing the committee to report a bill for the benefit
of deputy iiiardals,
reportcd the sanic back, asked to be discharged from its further consideration, and that the resolution be referred to the Committee on
Clainis; which was agreed to,
llr. Barnwell, from the same committee, reported back and recommended the passage of
A bill to organize the clerical force of the Treasury Department,
And called the question, which was on ordering the bill to be engrossed for a third reading.
And the question being,
Shall the call for the question be sustained?
The vote was taken and decided in the affirmative.
The bill was then engrossed and read a third time;
When,
Mr. Perkins nioved to lay the bill on the table and demanded the
question.
And the question being,
Shall the call for the question be sustained?
The vote was talcen and decided in the negative.
O n motion of Mr. Kenner, Mr. Perkins was allowed to state his
objections to thc bill.
Xlr. Bwnwell then moved to reconsider the vote by which the bill
was ordered to be engrossed for a third reading.
The motion to reconsider prevailed; and
M r . Barnn (111 moved t o amend by striking out the clause in the third
section of the bill, relating to the tenure of the offices of clerks.
The amendment vas agreed to.
lZnd the bill V:LS cngrosied, read a third time, and pasyed.
XTr. Hale, from the Committee on Military Affairs, reported unfnvorably on
A bill t o encourage enlistments for the Confederate Army in the
State of Missouri,
Asked to be discharged iron1 its further consideration, and that the
bill lie on the table; which was agreed to.
811.. Hale, from the same committee, made a similar report on
A bill to proT-idc for the appointntcnt of assistant adjutants-general
and aids-de-camp to colonels of regiments assigned to the command of
brigades, etc. ;
which was agreed to.
MY. Perkins, from the Committee on Printing, reported
A bill to pro\iide f o r the preservation and future publication of the
Journals of the Proyisional Congress and the proceedings of the conyention which framed the provisional and permailcnt Constitution of
the Confederate States;
1T;hich was read first all({ second times, placed 0 1 1 the (:alendal, and
ordered to he printed.
Mr. Hill, from the Committee on Claims, to whom \\a5 refei-red the
nieinorial of R. ,J. lJordan, reported
A bill for the relief of disbursing oEcers and agents of the Arniy
and Nary of the Confederate Statcs in certain cases;

Feb. 10,1862.3

PEOVISIONAL OONGIRESS.

Missisiippi-Nay: Messrs. Harris, Brooke, Harrison, and Campbell.

Missouri-Yea: alessrs. Clark and Bell. Nay: Messrs, Harris, conrow, and Freeman.
Sorth Carolina-Yea: Mr. Jlorehead. Nay: Messrs. Davis, Avary,
Buffin, Vcnable, Purycar, Craige, and Davidson.
South Carolina-Xag : Messrs. Rhett and Boyce.
lknnessce--Na~ : Messrs. Thomas and Currin.
Texas--Kay : Messrs. Wigfall, Waul, Oldham, and Ochiltree.
Virginia-Yea: hlessrs Seddon, Mncfarland, Bococl<,Scott, Brookcnhrough, Russell, and Johnston.
Yea: Florida, Georgia, Kentucky, and Virginia, 4.
Na? : A l a h u ~ a Arkansas,
,
Mississippi, Missouri, North Carolinn,
South Carolina, Tennessee, and Texas, 8.
Divided: Louisiana, 1.
So the Congress refused to order the bill to be engrossed for a third
reading.
Mr. Toombs movcd to reconsidcr the vote on the passage of
A bill to provide for the conncction of the Richmond and Danville
Railroad with the Xorth Carolina Railroad, for military purposes.
The m o t i o n to reconsider did not preyail.
On motion of Mr. Toonibs, the iollowing protest was ordered to be
spread at large on the Journal of Congress:
PROTEST.

The undersigned respectfully request that this, their protest against the passage of
the Act to provide for connecting the Richiiiond and Uanville and the North Carolina Railroads, for military purpows, may be cntcred on the Journals of Congress.
Thic; act, in effect, places $1,000,000 of t h e bond? of the Confederate States at the disposal ot t h e President, to be used and applied at such times and in such sums as he
i m y deem proper, for building and working the contemplated road according to
his discretion He riidy contract with incorporated companies, or, overriding and
tlisregarding them and their \-e+xi rights, he niay, without any act of incorporation
froili State or Federal legislative authority, adopt any course he may choose for making a ridroad betmeen the points designated hy the act. The wishes of States, the
rested intrrwts of States in other roads, rorporate rigkite, rights of private property
(inclnding the rights of way, timber and other materials), all, by this act, are made
to fall before the Gat of the Executiie. I t must also follow as a necessity that,
b y thus conferring upon the President the power to invade public, corporate, and
individual rights in order to build the road, it must include the power to protect it
when built. I t would be a reflection upon the i.nt$ligence of Congress to suppose
that they n ould authorize an expenditure of a.niillion of dollars to build a road without t h e po15er to protect it, \$ hen built, from injury or destruction. To effect these
objects, therefore, the President must prescribe penalties for injuries to it and obstructions impairing its fntnre we; establish tribunals to enforce them; declare what are
twmes in relation thereto; affix punishments and provide for their execution-thus
exercising dictatorial poJYers over the lives, liberties, and properties of the people
under color of giving improyed facilities to the Quartermasters and Commissary
Departments.
By t h e permanent Constitution, the power of the Confederate Government to
acquire places for its capital and for its forts, magazines, arsenals, and dry docks,and
for other needful buildings is expressly dependent upon the consent of the legislatures of the States in which the same shall be located. Here are military cstablishinents enumerated in the Constitution, not only unquestionable military necessities,
but especially indispensable means to the exercise of the war power and the public
defense, yet eren over these (so jealously does the Constitution guard the rights of
the States) Congress is not permitted to exercise any jurisdietlon whatever until the
consent of the States for that purpose is first obtained. This clause of t h e Constitntion substantially declares that no military necessity whatever shall give jurisdiction
over the soil of a soyereign State. This conclusion is irresistible, unless it can be
shown that there are special reasoiis for excluding these indispensable military establishments from the benefib of such jurisdiction. Under this view of the.permane;t
Constitution the dangerous powers assumed by the bill under consideration, even If

782

JOURNAL OF THE

[Feb. 10, 1862.

consistent with the Provisional Conctitution, would expire on the 22d instant. Their
exercise under such circumstances can not be justified.
If this bill be tested by t h e Pro1isional Constitution it will be found to be xithout
warrant or authority from that instrumpiit. This Constitution contains no grant of
powers which authorizes its passage. Its advocates admit that there is no express
grant to that end, but claim that it is neceqsary and proper t o the exercise of other
powers which are granted. They claim that the railroad connection in question is a
military necessity, hence the power to make it.
In the opinion o f the underPignKl, the power to pass the bill in qnestion is not
granted to Congress b y the Cunstitotion, nor is its exercise necesqary and proper to
the exccution of any granted powel. It is not n military necessity, because armies

.JA CICSOA 3 romw.

s.BASS.

Congress then procrcdcd to tho cwnsiclcmtion of the special order of

tho clay; which r v w the coiwiclertttion of' :I hill to miend the seyuestratiou act, etc.;

Feb. 10,1862.1

PROVlSIONAL CONGRESS.

When,
My.Harris of Mississippi moved to amend the satne by insertin
section 5 in said hill the following, to wit:
I n cases of partnership property and effects, the resident partner or partnem sttall
be (lralt with in all respects as surviving partners in cases of a dissolution of partnership by t h e death of one or inore of the partners, according to the laws of the place
of t h e principal place of buyiness of the partnership; and the receiver shall ha.rle the
hame remedies against such resident partners as the representatives of a deceased .
partner n ould be entitled to in like case.

The amendment was agreed to.

M r . >gacfarland, unanimous consent, presented a design for a flag;
S
to the Committee on Flag and Seal.
which W ~ referred
M r . C h h n moved to postpone the consideration of the bill prior to
thc twelfth section, and to proceed with the consideration of the same
from that point.
Tho motion was agreed to.
And section 12 being under consideration; which is as follows, to wit:
SEC.12. I t shall be the duty of all persons owing debts to alien enemies, within
tlirre munths from the passage of this act, to give inforrnatioll thereof to the receiver
of the dj-trict in which he or they reside, and in cme of corporations or joint stock
coinpames, to the receiver of the district in which the principal office of business of
such corporation or company may be, and such information shall be in writing and
sn orn to by the debtor, and in case of corporations or joint stock companies, by the
principal officer of such corporation or company, before any judge of a court of record,
justice of thc peace, notary public, commissioner of the court, or receiver, under the
act to u hich this is a n amendment, and shall set forth t h e name or names of the
creditor or owner of such debt, the amount he owes or owed on the thirtieth of
August, eighteen hundred and sixty-one, and m-hetherthe Same is or has been secured
by m o r t ~ a g eor otherwise, and the information or confession so made shall be filed
by t h e receirer in the proper court of the Confederate States, and such court shall,
on such information, proceed to decree confiscation and payment of the debt or debts
so confessed; and i n case any debtor shall in good faith confess his indebtedness as
aforewid, hnt +all be unable to state the true amount of his indebtedness, or shall
be i n tfonht nhcther the creditor or o\\ner of the debt is an alien enemy, the court
shall proveed to ascertain the character of the creditor or owner, and the true amount
of such indebtedness, and to that end shall direct such proceedin@ as shall he adapted
to the nature of the case, and decree according to the facts found: Provided, however,
That no execution shall issue on such decree, except for the interest which shall
accrne on the same a t the end of each year, until peace shall be declared between the
Confederate States and the United States, or until otherwise directed by law: A n d
pro1 tded, moreocer, That execution may issue for the costs of the proceeding, and
the sum so collected for costs shall be deducted from the principal sum due.

Mr.Hill moved to amend by striking out the whole of the same and
inserting in lieu thereof the following, to wit:
Neither this act nor the one to which it is amendatory shall operate to sequester

or t o confiscate any debt due to an alien enemy by rnercantile account, note, bond,
draft, or by other like evidence of debt, and so much of the act to which this is

amendatory as is in conflict with this section is repealed. Neither this act nor the
one t o which it is amendatory shall operate to confiscate or to sequester any p p erty invested in mining and other permanent improvements in any Shte; and whlch
the State in which such property may be situated has declared in soverelgn convention its fixed policy t o protect.

The amendment was not agreed to.

A message was received from the President, by the hands of his
Private Secretary, Mr. Josselyn.
Mr. Oldham, from the Committee on Engrossment, reported as
correctly engros'sed and enrollcd
An act to provide for the compensation of G. 1. OurY, Delegate
from Arizona, for his attendance at this session of Congress.

784

J O U E N A L OF THF,

[Fab. 10,1862.

Mr. TJe IITitt moved to amend by inserting after the word found
the following words, to wit:
I n all proceedings against persons for debts due by thein to alien enernies, the
debtor shall be allowed to make any defense in law or eqllity which he nlight or
could have made in a suit brought against him by the creditor to whom such debt
was due.

The amendment was agreed to.

A message was received from the President, by the hands of his
Private Secretary, Mr. Jossclyn, informing Congress that the President has this day approved and signed
An act to provide for conncoting the Richmond and Danville and
the North Carolina Railroads, for military purposes.
Mr. Macfarland moved to amend by adding at the end of the section
the following, to wit:
When citizens of any of the Confederate States >re both creditors and clrbtors to
citizens of the United States arid are impleaded for t h e debts so due from them as
herein provided, they may set off against the same the debts due to them as aforesaid, or so much thereof as is equal to their ind,ebtedness, provided it be shown that
the persons from whom the same may be owing are solvent; and thereupon h u c h
debts, or so much thereof as may be 80 set off, shall vest i n the receiver, as in other
cases.

And upon which, at the instance of the State of Virginia, he

demanded that the yeas and nays of the whole body be recorded
thereon; which are as follows, to wit:
Alabama-Say : Messrs. Smith, Curry, Chilton, Halo, :md McIZw.
Arkansas--Yea: MY. Thomason. Nay : Mcssrs. Johnson and Watliins.
Florida -Yea: ,MI*.
Santlnrson. ~ y : M r , Owcns.
Goorgia-Ym: Meshrs. Uahs and TIill. Nay: hlcssrs. Toornbs niid
Forernan.
I<entuc+y Nay: iliIc>ssrs.Nmroe, Thoinas, Whitc, atid Elliott.
Loui&mk- -Yra: Messrs. 110 Clorict and Conrad. Say: illcssrs.
Yerkins aid Marshall.
CP. 1 i > i r i k n ,a n d C:impbcll.
I. ( k r k , Pcytoa, Conrow,
North Carolina--Yoa: M C L C SSiiiith,
S ~ ~ . 3/lcl~owoll,and Purycar.
Nay: Mcsurs. Davis, A w r y , K ~ i f l i i n ,Venal)lc, Morehead, Craige, and
I h vidmi.
Sonlh (:nrolin:i--Nay : M CSHYS. Hhct t and Rnr nw eil.
I ( m i i ( s h e t Yea: Mesurs. .Jori(\ci, Dc Witt, and Thomas. Nay:
Mem-s. I-Iouho : L i d Currin.
Texas N:iy : Messrs. .Waul and Ochiltrcc.
Virwinia --IP:L:
Nlcssrs. iV1~~cfarland
and Scott. Nay: hfcssrs. Seddon, L~ocock,13rockcribrough, and Russell.
Yea: r , n n O H w C , 1.
Nag: Alab:tnr:~,Arlansas, Kentucky, Mississippi, Missouri, North
Carolina, South C:Lrolina, Fex:is, ant] Virgini:L, 9.
I)i\-ided: Florida, Geoigia, :uid Tlouisiana, 3.
So the :micudincut was not agreed to.
On motion of Mr. Avcry, thc injunction of sxrecy was remored from
A bill to provide for the connection of the Richmond and Danville
with the North Carolina Eailroad, for military purposes.
r 7

FVt, 10, 1662.1

PROVISIONAL CONGRESS.

A h . Cdmpbell moved to amend by striking out the following words,

to wit: except for the interest which shall accrue on the same a t the
end of each year.
Cpon which M r . Thomason, a t the instance of the State of Ar]lamaS,
dunlanded that the yeas and nays of Ihe whole body be recorded thereon;
which arc as follows, to wit:
Alabama-Yea: Mr. Curry. Nay: Messrs. Smith, Chilton, Hale,
and &Rae.
Arkansas-Yea: &h.
Thomason. Nay: Messrs. Johnson and Garland.
Florida-Y ea: Messrs. Morton, Sanderson, and Owens.
Georgia---Yea: Mr. Hill. Nay: Messrs. Foreman and Kenan.
Kentucky-Kay : Messrs. Monroe, Ford, Thomas, and White.
Louisiana-Kay : Messrs. Kenner and Marshall.
Mississippi-Y ea: Mr. Campbell. Nay: Messrs. Harris, Brooke,
and Harrison.
Xissouri --Nay: Messrs. Conrow, Vest, and Freeman.
North Carolina--Yea: BIcssrs. Smith and McDowell. Nay: Messrs.
Davis, Awrj-, l<uAin, Craige, and Davidson.
South Carolina-Yea: Mr. Rhett. Nay: Mr. Barnwell.
Tennessee-Yea: Mr. Jones. Nay: Messrs. De Witt, Thomas, and
Currin.
Texas-Yea: Messrs. Waul, Oldham, and Ochiltree.
Virginia-Yea:
Messrs. Macfarland, ltives, Scott, and Brockenbrough. Nay: Messrs. Seddon, Roteler, and Russell.
Yea: Florida, Texas, and Virginia, 3.
Xay : Alabama, Arkansas, Georgia, Kentucky, Louisiana, Mississippi, Mimouri, North Carolina, and Tennessee, 9.
Uivided: South Carolina, 1.
So the amendment was not agreed to.
Mr. Smith of North Carolina moved to amend by inserting after the
words 1T-rovideed, howetw, the following, to wit:
That all proceedings inbtituted under the provisions of this act, or that of which it is
ail aniendment, shall conform as far as practicable to the practice prescribed in the
courts of the States where they may be held, and further that.

And upon which, at the instance of tho State of North Carolina, he

demanded that the yeas arid nays of the whole body be rccordcd
thereon; which are as follows, to wit:
Alabama-Xay : Messrs. Smith, Curry, Chilton, and Hale.
Arkansas-Yea: Mr. Thomason. Nay: Messrs. Johnson, Garland,
and Watkins.
Florida-Nay: Messrs. Morton and Owens.
Qeorgia-yea: l\/lessrs. Bass and Hill. Nay: Messrs. Foreman and
Kenan.

Kentucky--- xas~y:Mcssrs. Monroe, Thomas, White, and Elliott.

Louisiana-Nay : Messrs. Perkins and Kenner.
Alississippi-Yea: 34r. Campbell. Nay: Messrs. Harris, Brooke,
I h d f o r d , and Harrison.
Missouri-Nay: Mr. Conrolv.
Xorth Caro1ina- Yea: Messrs. Smith, McDowell, and Davidson.
Kay: hiessrs. Davis, Avery, RuBn, Venable, and Crai 0.
South Carolina-Yea: Mr. Boyce. Nay: Messrs. It ett and Barnwell.

J-VOL

1-04-50

786
Tennessee-Yea:

JOURNAL O F THE

Messrs. Jones and Thomas.

[Peb. 10,1862.

Kay: Mcssrs. De

Witt and Currin.

Texas-Yea: Mr. Waul.

Virginia-Yea:
Mcssrs. Nacfarlnnd and Itives. Nay: Mcssrs.
Seddon, Scott, Boteler, Brockenbrough, and Russell.
Yea: Texas, 1.
Nay : Alabama, Arkansas, Florida, Konluckj ,h n is ia n a , hississippi,
Missouri, North Carolina, South Carolina, and Virginia, 10.
Divided: Georgia and Tennessee, 2.
So the amendment was not agreed to.
A message was receivcd from thc President, by the hands of his
Private Secrctary, Mr. Josselyn.
Mr. Smith of North Carolina moved to iuncnd by inserting aftcr the
word until the words twelve months after.
T h o amcndmcnt was agreed to.
Mr. Hill nioved to amend by adding at tho end of the bcctiori the
following, to wit:
Procided, [That] neither this act nor the one t o n hich i t is aiiieiitlatory dial1 operate
to sequester or to confiscate any debt dnc to an alien eueiny b y mercantile account,
note, draft, or by other like evidence of debt, and so much of tlic act to which this
is amendatory as is in conflict with this provision i q repealed.

Arid upon which, a t the instance of the State of Gcorgia, he denlanded

that the yeas and nays of the whole body be recorded; which arc as
follows, to wit:
Alilbania-Nsy: Messrs. Smith, Curry, Chilton, and Hale.
Arkansas- Nay: MCSS~R.
Johnson, Thommon, Garland, andll-atkins
FlwidiL - Tcx MI. Yanderson. Nay: Messrs. Illorton and Owcns.
Georgi:i --Yc:L: hlcssrs. r1700nil+ ISass, :~nd ITill, Nay: 3 tcshrs.
Forei iian n iid Kcnai1.
. Kcntucky--Nag: Mcssrs. Monroe, Il~oiii:~~,
:itit1 Nlliott.
Louisiana- Yea: Mr. Conrad. Hay: M r s s n . Lvi Itins, Kcniicr, and
M;LL.sI~LL~~.
n/Iissirsippi--N:ty : Mcssrs. 1I i1TL.ih, 1<10oLc~. 13r:tdford, Harrison,
arid Canipbcll.
Rlixwuri- - Nap: Nossrs. ( h r k , Conrow, atid \-c+.
North Ctuolin:L -Nay: Jlcssrs. Ihvis, l i u f l i i i , \c~n:~blc,Ci*aip, and
Davidson.
Soutlt Crtro1in:l- I-ca: hlr. I3oyce. N:i!: Jlr. I3arnwell.
--YTpa: Afesqr4. .Jones and De Witt. Nay: Jlcssrs. Thomas
Nay: M W. Rciigall a11d J V ~ U I .
Virgini:i Yc:L: I-. Rives. Xay:
ssrs. Seddon, 3kacfarland,
Scott, I3ot,clc1,1 ~ 1 ~ 0 c ~bough,
I ~ o n and ltr
Yeit: Gwrgi:i, 1 .
Nay: R1:ihiL111:i3 .irlwnsti~,Floritln, Kentiicky ,Louisiana, Mississippi,
Missouri, North (hrolil1:t, Texas, and Virginia, 10.
1Xvidod : Sout 11 Care1i r i a a nd Tc n ti c s s t ,~2.
So thc tlrncndniont wx3 not agrecd to.
Mr. Hill inovttl to amend furthcr by :Idding at tho clnd of t h e section the following, to wit:
rvxiiq

Iro?itEad jurllwr, Tlirtt neithw this act nor thc one to n liicli it is amendatory shall
oprrato to s~qtwstcror to wnliscntc any property invested in manufacturing, mining, and otlicr perinanent iruprovcment, in any Rtatc, and which the State in which
said proptrty may be situated liav heretoforc declared in sovereign convention i b
fixed policy to protect.

Feb. 10,1862.1

PROVISIONAL CONGXESS.

And on whicl-1, at the instance of the State of Georgia, he demanded

that the Teas and nays of the whole body be recorded; which are us
follow.;, to wit:
Alabama--Say : >lessis. Smith, C:urry, Chilton, and Hale.
Arkansas-Yea: Mr. Thomason. Nay: hlessrs. Johnson, Garland,
and Watkins.
F l o d a - N a y : blcssrs. Morton, Sanderson, and Owens.
(;corgia-Yea: Messrs. Toombs, Bass, and 13i11. Nay: Messrs. Foreman and Kenan.
Kentucky-Nay : Messrs. Xonroe, 'L'honlas, tLlld Elliott.
Louiiiana-Yea: 54 1'. Conrad. Kay: Messrs, Kellller and Marsllall.
ilili%irsippi-Yca: hh. Campbell. Nay: A'Iessrs. &r+
Brooke,
Bradford, rind Harrison.
Jlishouri-Yca: Messrh. Couke, Vesl. arid Bell. Say: Mc
and Conrow.
xorth Caroha-Yea: &Iessrs. Davis, fjjmith, $lcl)owel], arid David1-5. KufEn, Venable, and Craige.
South Carolina--Tea: hlr. Boyce. Nay: Mr. Barnwell.
Teniiessee--lTea: &jessrs. Jones awl Dr: Witt. Nay : &ssrs. House,
'l'hoinas:, and Currin.
Texas-Bay: Mr. Waul.
Virginia-Yea: Messrs. Macfarland arid Scott. Kay: Messrs. Seddon, Botelcr, Brocke!ibrough, and Russell.
Yea: Georgia, Alissonri, and Sorth Carolina, 3.
Xay : Alabama, Arkansas, Florida, Kentucky, LouisiantL, Mississippi,
Tennessee, Texas, and Virginia, 9.
Divided: South Carolina, 1.
So the amendment vas not agreed to, and the section as amended is
as follows, to wit:
SIX. 12. I t shall be tlie dnt? 01 all persons oninp debts to alien enemies, within
three months from the pawage of this act, to gi\ e information thereof to the reccivcr
of t h e district in ~ h i c hlie or they iwidc, and in case of corporations or joint stock
companies, to the rccei\-er of the district i n -\\hich the principal office of business of
brrch corporation or company may be, and such inforination shall he in writing and
Fworn to by the debtor, and in case of corporations or joint EtOCk companies, by the
principal officerof such corporation or conipany, before any judge of a court of record,
jwtice of t h e peace, notary public, commissioner of the court, or receiver, under the
act to which this is a n amendment, anti shall set forth the nanie or names of the
creditor or ovner of such debt, the amount he owes or oived on the thirtieth of
August, eighteen hundred and sixty-one, and \%.ether the same is or has been
Feeured by niortgage or otherwise, and the inforniation or confession so made shall
be filed by the receiver in the proper conrt of the Confederate States, and such
court shall, on such inforination, proceed to decree confiscation and payment of the
debt or debts so conIesyed; and in case any debtor shall i n good faith confess his
indebtedness as aforesaid, bat shall be unable to &ate the trneaniount of hisindebtedness, or shall be in doubt whether the creditor or owner of the debt is an alien enemy,
rhe cniirt Fliall proceed to ascertain the character of the creditor or owiier, and the
true amount of Fuch indebtedness, and to that end shall direct such proceedillgs as
ehall be adapted to the riature of the case, and decree according to the facts found.
I n all proceedings against persons for debts clne by them to alien e~~eniies,
thc
debtor shall be allowed to make any defense in law or equity which h e might or
such
n debt
mould haye rnade in a suit brovtght against him by the creditor to ~ i h o ~
rvas due: Providecl, /~o?/~ece~,
That 110 execution shall issue on such decree, except
for t h e interest R hich shall accrue on the same a t the end of each year, until twelve
ilionths after peace shall be declared between the Confcdrrate States and the United
State!, cr untll otherwise directed by law: And prob+ded, ~ O T E O I : C T ,That execution
may ~ssuefor the costs of the proceeding, and the sum so collected for costs shall
be deducted from the principal sum due.

788

JOURNAL OF THE

[Peb 10,186%

And section 13 being under consideration; which is as follows, to wit:

Sxc. 13. The receivers appointed under this act or the act to which this i s an
amendment, shall proceed diligently t o ascertain and collect t h e debte due to alien
enemies by persons residing i n the districts for which they are severally appointed,
arid shall, 011 the discovery of any such debts, and after t h e expiration of three
months from the passage of thir act, and the debtor shall have failed to give information of such debt, proceed to institute proceedings to confiscate the same, and in
such proceeding, v hi& shall be by petition, as prescribed b y said act, to M. hich tlns
is a n amendment, and shall be to confiscate the debt, as well as t o ascertain t h c slm
due t h e debtor, shall be made defenilant or respondent, as t h e case iiiay be, and the
process to bring such debtor before t h e court, or to co111pe1 him to answer, shall be
i n the nature of the writ of garnishment as prescribed in said acst, n hich sllall be
served on such debtor; and in case of corporations and joint stock coinpanic\s, on
some member or offirer of mch corporation or company; and shall require the
a~
defendant to ansscr 011 oath \vhetlicr h c is indchteil to any alicn enemy, or ~ 1 . 50
indebted on the tlnr ticth day of Angwt, eighteen hundred and sixty-one, in -\\hat
snm, and wticther h c knov s of any other person or p?rsonx so indebted, and on tlre
disclosure by the deicntlant of such indebtednew b y other persoiiq, like procertlings
shall Ir)e had as in the original cause; and i n caw the defendant shall suggest i n his
answer that the d(xbt due by him or her is claimed or owned by any person not an
alien enemy, setting forth tho name of such claimant, his placo of abode, citation
shall issue to such claimant to appear arid propound his claim on oath at the succeedi n term of the conrt; and in cake he is absent from the district in which t h e court ib
hJd, or can not be found, publication skiall be made for t h e space of one month in
some newspaper, best calculated to apprise such claimant, t o appcar and propound
his claims; and if such claiiiiant shall fail to appear, his claim shall be barred. On
t h e appearance of t h e claimant, the court shall direct an issne to try the same, and
shall award the costs against thc claimant, if the claim be nnfounded.

Mr. Smith of North Carolina moved to ~iiieridthe same by adding

(tiid of tho section tltc following word^, to wit:

at thc

Pmuilid, T h t thct t.ntirc ziwv cr 4i:dl Iw cwnriilt~rcdby the conrt

Upon wliich 3lr. Ihoni;i~oti,:it 1 1 1 ~in. l I ( T of ill(>St:Ll P of ~ ~ l ~ l ~ : l l l 5 : l h .

deui:mictl t11:il~the y ( ~: i tii d 11:~y.iof the. Iiolti 1)ocly rccorclcd: u7hic.h
arc, as f o l l o H,
~ Io wit :
Al&mm--S:ty : kksh rs. Sitiith ;wci Chiltoi
A r l i a t ~ ~-I(Y~:
t ~ 311%.
r l l ~ ~ ) t ~ ~Ntiy:
~ ~ ~ 1~1) ~ tI,\.. ~Jolinsonxiid JIv:tt11 :1I1
1.5.

(I

S:1 I I tlc Ih, ) 11.

Jorotii:tti, ~E:L\\,

l l i l l , :tilt1 KCII~LII.
liotd. hn~: 311.. Thoiriac..
S:ty: A1cshi.s. Icrkinz titid K ~ I I I W ~ .

I)\,

iVlotlt*o(~i i

t~tir:id.

~ ~ d

-,Vc,t, :utd h l l . h 2 : Nr* Jcyt011.

. D : i Y i \ , Smith, McDowoll, lwywr,
uftin :utd Venablc.

Soirtli (:iroli~i:i- Nar: 1\11., fS:ir.nwcll.

r(~ll11~
1-w.: ~ ~ C S V J .Ilousc. ,7oni$\, I)o TVitt,
r i

: t d rII~ot~i:~s.

I C X f l 5 - -Y(?l: 311.. \V:t1tl.

Virgiiii:i Yw: h I c + ~ , .Xiacf:~i*l:~utl:uid Stvtt. Nay: >I(Y~Y.;.
t3otr4cr and r~roclicrll,roagll.
YP:~:Florith, Gtwrgia, Iicwtiwliy, Mi.;wnt-i. Sort11 Cnrolinri, T C I ~ nc\s1,c, tLlld rcx:h, 7.
N : L ~i\labitni:i,
:
,Sl*liiltib:Ls, h11isitLiiit. Mix&sippi, iiild SoutJi Cii1.0Iina, 5 .
I )i v itlcd : V irgiii i $1, I.

So tlic aniondment was agreed to.

Feh. 10,1862.1

PROVISIONAL CONGRESS.

MI.. 1110111it~11 moved that Congress do llow adjourn.

1 1 1 ~ r~iotiondid not prevail.
311. 1Iarria of il/lississippi moved to amend by- illserting
16 thc following, to -vc-it:

section

All pro*eedings no\\- pencling under the act to which this act is an amendnlent
shall be iiiade to conform to the pioceedings directed in this act, so far as practicable,
and the jntlwiient~rendered therein shall be given in all respects, and have the saine
operation :incl effect acr judgments rendered nnder the twelfth section of this act.

The ainendment was agreed to.

,ind section 18 being undcr consideration; which is as follows. to wit:
SIK. I d . Irk no case shall the jndgnient or decree bea lien on the personal property
of the tlvbtor, but 15 here the court ,&hallaward execution under this act, the property
of thv debtor +a11 be hound from tlie delivery of the writ.

M r . Chilton moved to amend by striking out the word personsl.

The aniendment was agreed to.
Nr. lLusse11 moved to ainend by inserting as section 20 thc following, to wit:
I n proceeding4 under this art, and the act of which it is amendatory, upon
affidavit being made b y the attorney representing the Confederate States, or the
proper ieceixer, that t h e name of an alien enemy iq wholly or partly iinkn?mn to
hiin, or that the nanies of the members of a partnership of a 1ieii enemies are
unknown to him, the prncecr and proceedings inay be against such partnership by
the firm nanie thereof, stated in such affidavit, or against such alien enemy whose
name iq 1% holly or partly unknown, by such name or proper description as may be
kiioiq n and s d forth in such affidai it: Provided, That the court may, a t any time,
on motion, cause the full and proper name to be inserted in the record, and used
in tlie proceedings, \\hen the same become known to the court.

T h e amendment was agreed to.

Mr. B u w d l iiiored to amend by inserting as section 21 the following, to wit:
Erceivers &hall hare anthority to administer oaths touching
to proceedings under this act.

~ J I Y
niattrr

incident

The amendment was agreed to.

Mr. Russell further moved to amend by inserting as section 22 the

following, to wit:
Br i t further enacted, That all right, title, and interest which shall be msted in the
Confederate k3tatr.s of 4merica, or be sequestered, in any land or lots, by reason of
the provisions of tltir act, or the act entitled An act for the sequestration of the
estates, prnperty, and effects of alien enemies, and for the indemnity of citizens of.the
Confedernte States and per,cons aiding the pame in the existing war with the Unltcd
States, approved August thirtieth, eighteen hundred and sixty-one, shall be, and
tlie same are hereby, ahsolutely tiansferred to, and vested in, any person or persons
\\ ho are citizens of the said Confederate States, and are true and loyal to the same,
for so 111ucll as euch person or persons may have just title or claim, such failure shall
in 110 wise impair or invalidate the right or title of the person or persons to whom
the same shall be traiiPferred as aforesaid, and such right or title so transferred lnay
be aiserted in any court.

And upon which he demanded that the yew and nays of the whole
body he recorded; vhich are as follows, to wit:
AIabnma-Xay : Messrs. Smith, Curry, Chilton, Hale, and Mcllac,
Arkxnsns-Yea: Mr, Johnson. Nay: MU. %atkins.
Florida-Y ea: A l r . Sanderson.
Georgia-Nay: Messrs. Tooinbs, Foreman, and hss.
Kentucky-Nay : Messrs. Monroe and Ford.
Mississippi-Nay : Messrs. Harris and Harrison.
Missouri-Nay : Messrs. Clark and Vest.

190

JOURNAL 08 THE

[Feb. 10,1362.

North Carolina-Nay: Messrs. Davis, Ruffin, Venable, and Davidhon.

South Carolina-Nay: Mi-. Bamwcll.
Tennessee-yed: Messrs. Jones, Do Wilt, and Currin. Nay: Mesnra.
House and Thomas.
Texas-Yea: Messrs. Waul and Ochiltree.
Virginia-yea: illessrs. Rives, Scott, Boteler, Rrockenbrough, IZUSsell, and Johnston.
Yea: Florida, Tennessee, Texas, and Virginia, 4.
.Nay: Alabama, Georgia, Kentucky, Mississippi, Missouri, North
Carolina, and South Carolina, 7.
Divided: Arkansas, 1.
Not voting: Louisiana, 1.
So the amendment was not ngrecd to.
Mr. Russell moved to arriend again, by inserting as section 22 the
same amendment, with the words i n possession thereof ) inserted
after the word persons.
And upon vhich he denlanded t b s t the yeas and nays of the whole
body be recorded; which arc as follows, to wit:
Alabama-Nay : Messrs. Smith, Curry, Chilton, Ilale, rtncl McBac.
Arkansas-Nay: Mr. ,Johnson.
Florida-Nay : Messrs. Morton aiid Sandcrson.
Georgia-Nay : Mr. Toombs.
Kentucky-Bay : Messrs. Atonroc? and Ford.
Louisiana-Y ea: Mr. Pcrkins.
Mississippi-Nay : Messrs. Hrooke, ICIarrison, and Campbell.
Missouri-Nay : Messrs. C:lnrlc, Pegton, and Vest.
North Carolina--Nay : MCSML:.l h v i s , Smith, Vcnable, Craigc, and
Davidson.
South Ctn*olina-Nay : Mr. B:miwcll.
Tenncsscc-Yes:
M~ssrs. ,Jones and l)c TVitt. Nuy : M
Wilttl

i111d

Ocliiltrcc.

sis. Scott, htch>i*,1~iwlrcnbrough, 1twsell,

and .Jolinston.
Yea: Imiisiann, r 1, CXRS, :idVirginin, 3 .
Nay: hlabninn, Arlan , 14Iorida, Gcorgia, Kc~iitiicky,Mississippi,
Missonri, So i*thC:~rolin: oritli Carolina, :~nd~cniicssee,10.
So the tuncndmont w a s not agrccd to.
Mr. Currin inovcd to ariiciid I)yinsc>rtingas scctiori 22the following,
to wit:
All pcwoiw v i t i a c u h or residents ot m y of thc Confederate States who, since the
breakiiig out ot tlic \tar, h:11(> voliintarily ;ib:intlonctl their cloiiiiciles and renioved
thcirisclvc~Iwyoiit! t l i v Chiif&r:itct
liiit~sand I\ ittrin th cneniys lines, thcrrlty
h1iov i i t g tlicir i i i i \ \ i l l i n (
thc (:ollktlelrttc~ Statc i n the existing \\ ar :ind
their ndhr~ic.rrc~~
to tlic. 1
, iwc :inti sh:i11 bc ctcei led alieti enemies iiiitlei
thirs act and tlrv o ~ i vto I
1cr1dntory.

Arid ripon w1lic.h Iic tlciiiandccl that the yeas and nays of the whole
bocly be rccortlcd; whicli arc as follows, to wit:
ALL~>XITU--TC~X:
Messrs, Smith and MclZac. Nay: Messrs. Ciirry,
Chilton, and 1Talc.
Arkansas-Yea: 1Llu.Tho1nason. Nay : Messrs. Johnsonand Watkins.
Bloridtt-Yea: Messrs. Morton and Sanderson.
Georgia-Yex Mr.
renian. Nay: Mr. Toombs.
ICentwky-Nay 1 M
s. Monroe and Ford.
Louishm-Yea: MY.lerliins. Xay : illy. Conrad.

Felt. 10,1862.1

&f ississippi-Yea:
Messrs. Brooke snd Campbell.
11arr.k and Harrison.
Missouri-Yea: Messrs. Clark and Vest.
Xorth Carolina-Yea: Messrs. Davis, Cra
Mr. Smith.
South Carolina-Kay: Mr. Barnwell.
Tennessee-Yea: Messrs. House, De Witt, and Cur
Jones.
Texas-Yea: Mr. Ochiltree. Kay: Mr. Waul.
Virginia--Saj: Messrs. Seddon, Scott: Boteler, Brockenbrough,
Russell, and Johnston.
Yea: Florida, Missouri, Korth Carolina, and Tennessee, 4.
KaT: Alabama, Arkansas, Kentucky, South Carolina, and Virginia, 5.
Divided: Georgia, Louisiana, Mississippi, and Texas, 4.
So tlie amendment W R S not agreed to.
Mr. Perkins moved to amend by offering Mr. Currins anlendment
as section 22, leaving out the words o r residents.
On motion of Mr. Waul, Congress then resolved itself into executive
session; and having spent some time therein, again resolved itself into
legislative session.
And on motion of Mr. Perkins,
,
e
Adjourned until 11 oclock a. m. to-morrow.
EXECUTIVE SESSION.

Congress being in executive session,

The Chair. presented tlie following cominunication from the President:

RICHMOND,
February 10, 1862.
To tlie Congress of the Coigederute 8tatf.s:
1noininate the officers on the accompanying list to the rank affixed to their names,
respectively, agreeably to the recommendation of the Secretary of War.
JEFFERSON DAVIS.
To ha brigndter-genernls.
James R. Chalmers, of Mississippi, and J. Patatton Anderson, of Florida.

Congress advised and consented to the confirmation of J. Patton

Anderson, of Florida, to be a brigadier-general in the A r ~ n yof the
Confederate States.
The nomination of J . R. Chalmers, of Mississippi, was referred to
the Committee on Military Affairs.
T h e Chair laid before Congress a message from the President;
which is as follows, viz:

RICBIMOND, February 10,1869.

To the President qf f h e Congress of the Confederate Stales of America:
I nominate the officer named in the annexed letter of the Secre~~rY
of the Navy,
agreeably to his recommendation.
JEFFERSOX DAVIS.

C O ~ F ~ ~ ~ ESTATES
R A T EOF AMERICA,
NAVY

DEPAItlNENT,

Richmond,?dmiary 10, 1862.

The PRESIDEXT.
sin: 1have the honor to recommend t h e following nomination for appointlnent
i n t h e Navy of the Confederate States:

Assistant surgeon.

\v.

James
Herty, of Georgia, late a n assistant sUl.geOll in the United S b % NavyWith much respect, your obedient Servant,

S . I?,. MALLORY,
Secretary of the Nuvy.

792

JOURN.\L OF THE:

[Feb. 11,1662.

The nomination was referred to the Committee on Naval Bffrbirs.

The Chair also laid before Congress anothcs communication f roiii
the President; which was read, as follows:
DEPARTXENT,
Richmond, Fdwuary 10, 1S69.

EXECIJTIVE

To the President ofthe Congress of the Confedeyale States of

iimerka:

I nominate the officer naincd in the annexed letter of t h e Secretary of t h e Na\ p,

agreeably to his recommendation.
JEFFERSON DAVIS.
CONFEDERATE

STATFS

DEPARTXENI,
Eichmond, &i%brunry S, 18GZ.

08 AMERICA, N A V Y

The PRESIDENT.
SIR:I have the honor to recommend the followiiig iiorninxtiou for apl)ointment
in the Navy of the Confederate States:
Paymaster.
James K. Harwood, of Naryland, late a paymaster in the United States Nmy.
With much respect, your obedient servant,
S.R. NALLORT,
Secretary of i h c ~.A7avy.

The nomination was referred to the Committee on Naval Affairs.

Congress then resumed business i n legislative session.

SIXTY-SEVENTH DAY-TTJESDRY,

h>BXEAltY

11, 1862.

OPEN SESSION.

Congress met piirsiiarit to ad,joiirnrnent. ;LYI(I \V:M dpcncd with prayer

by the Itev. Dr. 1Ioge.
Congress tlicti resolved itself into .scwct scssioit
S1:CltEr SESSION.

Congress being in secret session,

Mr. E-Iurrison was, on his own iiiotion, cxcuscd from serving on tlic
committee to prepare for the inauguration of tlic Prwident and ViccPresident elect,
And the Chair appointed Mr. Broolic to b e w e in his placc.
Mr. %r:Ltliins of Arkansas W i t s also, on liis ow11 niotion, excused
froin scrviii on the sanic comiiiittee,
6 nppointcd Mr. Garland to servc i n liis plnc~.
And tho Chnir
MY.Foi.cnm~moved t u suspend tlic regular order of l)nsiiicss, for
the purposc of taking u p a bill froin the Calciid;n* to fix thc ratili
and to proviilc for tho pay of certain oflitliccm therein uuiiicd.
Upon which, fit, tlic instnnc-eof the State of Georgi;L, hc dcni:uidcd
thnt the y a ~ :Lnd
s
nayb of the .cvliolc body hc rocordcd; wliic4i arc :M
follows, to wit:
Alabam:L- N R ~Messrs.
:
Smith, Curry, Chilton, I-Ialc, and McKne.
Arkmsas---N tkp ; M rssYY . Gad and and W atli iiis.
Florida Y C R ;1/1cssrs.
:
Mortoii and Sanderson.
Gear ria-Yea: Mcssrs. Fowinan, Wright, Kenari. nnd Stephens.
N:L~:hk~ssrs.Toomh, 13ass, and Hill.
kcntuckg-Yca: Messrs. Monroe, Johnson, Thonlas, nnd White.
1,ouisinna-Yca: Me s.Perkins and C o n r d .

BP)J

11 1hC2]

PROVISIONAL CONGRESS.

793

ipp-Yea: Mr. Brooke. Nay: Messrs. & , r r i s o nand Camplwll.

Xi%our-Yea: Messrs. Vest and Bell. Nay: Messrs. Clark alld
Freeman.
S orth Carolina-Say : Messrs. Davis, Avery, Morehead, and Davidson.

South Carolina-Y ea: Messrs. Rhett, Barnwell, and Boyce.

1 ennessee-Yea: Messrs. Jones and Currin. Nay: Messrs, House,
De Witt, and Thomas.
Texas--Say : Mr. Waul.
Virginia-Yea: Messrs. Scott and Boteler. Nay: Messrs. Seddon,
Irlacfarland, Brockenbrough, Russell, and .Johnston.
Yea: Florida, Georgia, Kentucky, Louisiana, and South Carolina, 5.
Kay : Alabama, Arkansas, Mississippi, North Carolina, Pennessee,
Texas, and Virginia, 7 .
Divided: Missouri, 1.
So the motion did not prevail.
Mi.Brooke moved to take up from the Calendar a resolution offered
by him, asking information from the Secretary of the Treasury in
relation t o the cotton loan.
The iiiotion was agreed to.
And the resolution was taken up, read, and agreed to.
MY.Campbell introdnccd
A bill to transfer the county of Attala, i n tlie Stale of Mississippi,
from the northern to the southern judicial district of the State of
Xississippi ;
which was read first and second times, engrossed, read B third time,
and passed.
Mr. Chilton introduced
h resolution instructing the Committee on Military Affairs to inquire
into the propriety of employing. slaves as coolis and nurses, ctc. ;
which was read and agreed to.
Mr. Chilton presented a letter; which vas referred to the committee
to examine into abuses in the Quartermasters and Commissary Departiiients, without, being read.
Also. a bill to estrtbliqh certain post rontes therein named; which
was road first and second times, engrossed, read a third time, and
passed.
Also, a design for a flag; which was referred to the Committee on
Flag and Seal.
&Ir. Morton, from the Committce on Flag and Seal, made a. report,
accompanied by three designs f o r a flag; which was read and laid on
Lhe table for the present.
AJI-, Rill, from the Committee on Claims, re orted back sundry
papers referred t o that committee, asked to be ischarged from the
further consideration of the same, and that the claimants have leave to
withdraw the same; which was agreed to.
1LIr. CramTford moTred to make the special order for to-morrowA bill to admit duty free all goods, wares, and nierchandise imported
into t h r Confedwacy, etc.
Mr. Curry nloved to aniend 1 9 7 making the sanie the special order
immediately after the consideration of the confiscation bill was concluded.
r \

794

JOURNAL OF THE

[Feb. 11, 1862.

Tho amendment was agreed to, and the motion as amended was
adopted.
Mr. Crawford then moved as :I substitute that it be made the special
order f o r Thursday next.
And the vote having been taken thereon, the substitute was agreed to.
On motion of Mr. Ehett,
A bill to regulate t he navigation of the Confederate States
was made the special order for Friday next.
Mr. Smith of Alabama moved that the Public Printer be requested
to return the original manuscripts of the amendments to the sequestration act.
The motion was agreed to.
And Congress proceeded to the consideration of the unfinished business of yesterday; which was tlic consideration of the amendment of
Mr. Perkins to scction 22 of the a c t to amend the sequestration act, etc.
Arid u on which, a t the instance of tho State of Louisiana, -he
derriande that the yoas and nays of tho whole body be recorded; which
are as follows, to wit:
Rlsbama-Nay:
Messrs. Curry and Chilton.
Arkansas--Nay : Messrs. Johnson, Garland, and Watkins.
Florida-Nay : Messrs. Morton, Sanderson, and Owens.
Georgia-Yea: Messrs. Foreman, Crawfoyd, RRSS,Hill, and Kenan.
Na : Mcssrs. Toombs and Stephens.
I~mtucky--Nay: Messrs. Monroe, Thomas, and White.
Louisiana-Yca: Mes
Perkins and Kenner. Nay: Mr. Conrad.
Mississippi--Yw: M r. C:~mpbell. Nay : Messrs. Harris, 13rooko,
Bradford, and HRIT
Missonri-Yea:
h. Clarlc, cloIlro\\~,
\(%t, Rlld Frwlllall. sit?:
Messru. Icyton :in
Nortli Carolina--Yet&: MCSS~S.
h v i s , McL)o-rvt~ll,Moreheucl, >inti
Craigc. Nay: Messm. Vcnable and Davidbon.
. Ithett and Ihrnwell.
South (hrolina-Nay: 31
c~e-Yci:i: Messrs. 130 Witt and Ciirrin. Kay: Mr. House.
Cesas-Y c ; ~ :Mcssrs. \Van1 mnd Oc*hiltiw.
Virginia-Nay : Mcssi-s. Scddon, Ilnnter, M : d a r l m d , lryox-, Scott
Broclccnbrough, ltnsscll, and Johnston.
Yoa: Gaoygiii. Louisi:in,z, Missouri, North Carolina, ~cnnessoo,and
Ltlxas, 6.
Nay : AIa1)mia, A r l i : ~ n s i ~Florida,
~,
Keiitucky,
isnippi, South
Cwoliiia, ;in(\ Virginia, 7.
So tlic aiiicwliiicnt T Y ~ Wnot agreed to.
.4nd srction 20 lwing rindar considerntion; which is ns follows, t o wit:

i i o w or Iicwaftcr asscsscd on nriy property snbjcct to confiscat i : i i l bc p:iitl b y the recuivcsr of the diutrict iii w I i 1 ~ ~ thci
1 1 same niay
bc nitiiatod iruiri iirry iiioiicy i i i l i i ~
hands, atid tho siriouiit so paici shall be stateel i u
hi8 acwoiit, alriil i l l triht> l l i c ~ r t+hall
~
not I)(\ suftic iciit nioiiry in the hands of sucli
1

rccciver to p t y tlw tixisc~ritlic. property in his (listtic%hc ~ 1 1 ~ report

11
the fact to the
rourt a i d the, coiirl niny orctcr tho mrlw to bc paitl out of the general cwnfiscntiori fund.

Mr. Harris of Mississippi niovcxl to :mend by striking out the whole

of tho sanlt?.
rho mxndnicn t was tigreed to.
And section 24 being under consideration; which is as follows, to wit:
h c . 24. The coaimissioiiers ilutliorizctl b y the fourteenth scctioii of the act to
which this is Rn itmendmeiit, sliall :ippoiiit :L ckrk with a salary of
d O h to~ bc? paid ont of the Treasury of the Confederate States, but such salary, ns

PROVISIONAL OONClRESS.

Feb. 11,18G2.]

to exaniine witnesses as aforesaid, shall have p

iiesses and to issue subpanas, and witnesses failing to appear shall be subject to like
penalties and process as may be prescribed in the court8 of the Confederate states
against clefaulting witnesses: Proozded, howezer, That the costs of all procedjngs to
take testimony Phall be paid by t h e claimant, except i n cases where the AttorneyGeneral shall apply for lealyeto take testimony, and the fees of witnesses and cornmissioners shall be the same as are allowed in the courts of the Confederate States in
like c a m .

Mr, Harris moved to amend by filling the blank in the same with
t h e words fifteen hundred.
Tlie amendment was agreed to.
MY.Smith of Alabama moved to amend by i~isertingas section 25
the following, to wit:
So much of tlic act to which this is an amendment as requires the receivers to
settlc separately the estate of each alien enemy is repealed. and liereafter each settlement shall embrace all the matters ready for ~ettlenient;but the items of the
account shall be HO bpecific ar lo &OW the sources from which each is clerivcd.

The amendment was agreed to.

Xr. Foreman moved to aincnd by inserting as sectioii 26 the following, to wit:
Where any judgment has been rendered lip in any of the courts of the Confederate
States under the act to whirh thip is an aiiiendmeni, inconsistent with the spirit and
provisions oi this, t h e mine shall be set aside or amended in accordance with the
terms and pro\.isions of this act.

Thc aiiiendmeiit was agreed to.

Congress then recurred to the consideration of the pending amendment of 311.. Hxr14sof Miasissippi to the fifth section of Ihc bill.
Mr. Harris niodifiod his aineiidrneiit by inscrting after the word
Collfed~racy i n the first clause the words or neutrul country,
tknd b ~adding
a t the end of the same c1:rusc the words o r who from
physical infirmity are incapable of removing.
Aud in the second clause, by substituting for the word natives
the word citizens, and 1,s inserting after the word who the words
can not he srlonn to have, and before the words Confederate
States the words people of the.
And i n the fourth clause, before the word contributed, the word
voluntarily.
And in the third clause by striking out the words whether naturalized or not.
Mr. Kussell moved to amend by striking out as follows, to wit:
The amendment mas not agreed to.
A message was received from the President, by the hands of his
Private Secretary, Mr. Jo sselp .
Davis of North Carolina moved to amend by striking out in the
fouyth clause the word fourteen and by inserting i n lieu thcmof
the word sixteen.
The amendment mas agreed to.
&. Monroe Irloved to amend by striking out the words and all
minors under the age of sixteen years.
_______

_________
(I

~h~ proposed amendment is not recorded in the J O u m d

796

JOURNAL O F THE

[Feb. 11, ISG;?.

And upon which, at the instance ol the State of Kentucky. lic

demanded that the yeas and nays of the whole body bc Iworclcd: which
are as follows, to wit:
Alabama-Yea: Messrs. Smith and Chilton.
Arkansas-Yea: Mr. Watkins. Nay: Mr. Thomasoti.
Florida-Yea: Mr. Owens. Nay: Nr. Sandersoii.
C;eorgia-Yea: Messrs. Wright and Korian. Nay: ;41(
Foreman. Crawford, Bass, and Hill.
Kentucky-Yea: Messrs. Monroe, Thomas, tirid Elliott. Nay: A h .
Ford.
Louisiana-Nay : Messrs. Perkins :tiid He Clouet.
Mississippi-Yea: Messrs. EIwris. 13molic, :Lnd Harrison. Nay:
Messrs. Bradford and Campbell.
Missouri-Yen: Messrs. Peyton and Vest. N;tj : Jlcssrs. Clark and
Bell.
North Utrolina-Y ca: 3
. Avery, Venablc, and 3forehe:Ld.
Nay: 3Iessrs. Davis, XcDo
hip,:uid Davidson.
South Cnrolin,z--Yea: A4
Rhctt, r l ~ 1 1 ~ e l,1/Icniiiiinger,
l,
and
Boyce.
Tennessee-Yea : JIr. Currin. Kay: Messrs. House, tJo~ies,De
Witt, and Ihornas.
Texaa-hy: Messrs. Waul, Oldhain, and Ochiltrue.
Virginia-Yea: Messrs. Scddon, Mucfarland, Scott, Boteltx, Russell,
and Johnston.
YWL: Alahwua, Kentucky, Mississippi, South Carolina, and Virgini:h, 5.
Nay: Goorgia, Louisi:in:i, Kort 11 Carolin:L, i~nn( cc, : L i d T(.s:is, 5.
Divided: h r k ~ \ l l h i L ~FIoi.id:L,
,
:wtI hIissouri, :3.
drnrnt wad Hot, ;Lglccd lo.
of Tenncsscc~iiiovt:tl to a u w i i t t 1)sstriking out the \vords
<i
are :ind by inserting i n liou thrriwf 1 1 1 ~word iq..
The amcndment wts not :igrwd to.
Mr.Rhett moved t o :micrid by mlding at the c,ntl ol the fourth clnusc
tho words wlio WPW I)oi*ir i n ; m y St:itci of tliis Confedcr:icy, or :tiiy
Stato cxcinptcd from tliv l)tvvisions of t l , i > :wt, w l i i l c tlicir pi\wiiti
werc domkilcd in said State.
Lhc aiwnciment W:N agrce(l to.
MI.. IIoriso n i o ~ ( dto :uncntl hy addi1lg : ~ f t c rt l w w o l d I married
tho ~vorcl imniarricd.
S t y . I r y o ~niuvc?d t o p ~ t p o n itirlctiriitc!\jc
1 hi. furthcr consicicli.atioii
of t 1w hi I1 : L i d thc : i n ~ c ~ ~ ~ t l ut,st cthewto.
~ii
L J l m \vh icli ~ n o t ~ i o tMIS.
i Gai*I:iiid, at tho iiihttaiwc of thc Stat(. of
Arlt:llis<\\, ~ 1 0 1 i ~ ~ i illat
~ d ( dinc ~ c ; \ s :iiid ii:iys i ) f t h c b w h o l ~l ~ d yIF
rocordcd; wliich :LYC :ti follows, i,o wit:
Alabiin l:i--Y~:i:
rs. C%ilton : i d Hale.
hnd, :inn W : ~ f k i n ~ .
right.

Nay: Messrs.

nas, a n d Elliott.
Perkins, lh Clouet,

and M:irsball.
~fIssissippi----kTeti:
M r . I-Iwrison. iUaj : Ililessrs. Harris, Rrooke,
Bradford, and Cstmpbt311.

Fel,. 1 1, 1 %hi.]

X s o u r i - -Yw:Messrs. Clark, Coolte,Vcst, itild 13ell. Nay: ;c/lessrs.

leyton, IIwriq, Conrow, and Ereeman.
Korth Carolina-Kay : Messrs. Dayis, A ~ e r yVertable,
,
Norehead,
Craig?, :ind Ihvidson.
olina-Xay : Mcssrh. Bhett, 12arnwell, atid Memixiinger.
-Yca: Mr. .Jones. S a y : Messrs. House, De Witt,Thomas,
and Currin.
r 7
Lexis - Yea: A h . Oldham. Xay: Messrs. J.1a~uland Ochiltree.
Virginia-Yea: Messrs. Yryor, Itussell, and Johnston. Nag : Messrs.
Sctldon, Xacfarland, Rives, Scott, BotcIer, and Brockenbrougl1.
Kay : -llabama, Arkansas, Florida, Kentucky, Louisiana, Missishippi, S o r t h Carolina, South Carolina, Tennessee, Texas, and Virginia, 11.
Divided: Georgia and Migsouri, 2.
S o the motion did not prevail.
And the questiou recurring upon agreeing to the amendment of Mr.
Houhe,
Mr. Coiimd, at the instance of the Stttte of Louisiana, demanded
that the geas t ~ n dnays of the whole body be recorded thereon; which
are as follows, t o wit:
Alabiuna-Xay : Messrs. Smith, Chilton, and Hale.
Arktrnslt.;--Xay : Messrs. Garland and Watlrins.
Florida-Yea: BIr. Sanderson. Xay : Mr. Owens.
Georgia-Yea: Messrs. Toomhs, Bass, and Hill. Nay: Nessrs. Foreman and Wright.
Kentucky -Nay : Xessrb. Monroe and Elliott.
1,ouisiana-Y ea: Messrs. l>e Clouet arid Conrad. Nav: Meusrs.
Yerkins and Naidiall.
MissiwippiG-XTny : Messrb. Harrih, J)ridford, IIarrison, and Campbell.
Mis.jouri--Yea: 31r.13~11. Kay: 3ic
. lcyton, Conrow, Vcst, and
Frccnian.
North Carolina -Yea: I\!cssrs. 1)aTiis and Ilavidson. Nay : Messrs.
Avery, Venahlc, Morcliead, and Craigc.
South Carolina- Xay : Mebsrs. lthetl, 13srnwel1, and Ahnmingcr.
Tennessee-Yea: Messrs, IIOLWC,
De Witt, and Thomas. Nay: Mr.
Currin.
Texas-Yea: ;\fessrs. Waul, Oldham, and Ochiltree.
Virginia-Yea: Messrs. Macfar1:lnd and Scott. Fay: Messrs. Seddon, Rives, Rrockcnbrough, Russell, and Johnston.
Yea: (;eorgia, Tennessee, and Texas, 3.
Eay : Alabama, Arkansas, Kentucky, i\iIississippi, Missouri, North
Carolina, Soiith Carolina, and Virginia, 8.
Diridod: Florida and Louisiana, 2.
So the amendment was not agreed to.
Mr. Smith of A l a b ~ m amoved to amend hy inserting after the word
who^' the words * or whose husbands.
The amendment was agreed to.
Mr. Chilton moved to amend by adding to the end of the fourth
clause the words: and who have not trtlten up arms against the Confederate States.
The amendment was agreed to.
And the question being upon agreeing to the amendment of Mr.
Harris as amended, the vote was taken and the amendment as amended
was adopted,

JOURNAL 01' THE

798

[Fcb. 11,1862.

h i d the section as amended is as follows, to wit:

SEC.5. The following perbons sliall not be taken to be alicn enemies under this
act, or the act to which this is a n ainenclnieiil:
I. Persons who now have bona fide bccome permanent revidents of any Stnte of
this Confederacy, arid are actually residing ant1 domiciled within the banir, yielding
and acknowledging allegiance thereto, a n d who have not, during t h e prebent war, voluntarily contributed to t h e cause of the enemy.
11. All persons born within any State of this Confederacy, or natives of a neutral
country, who, since the breaking out of the war, h a w abandoned their domiciles and
ceased their business in t h e enemy's country, and all pcrsons aforesaid 'v( ho have
born fide commenced or attempted to rpmove themhelves and effects from t h r
enemy's conntry, ancl who have been and still are prevented from completing &ti
removal by t h e force or power of the enemy, or who from physical infirmity are
incapable bf removing.
111. All subiects or citizens of iici~tral conlitriw who can not be sliown to havo
of the encmiy, ant1 all persons xho, though
abandoned .that country on account of their
t h e people of the ('onfederate Stater.
any State of thi? Confrtlrrwy, who ( o r whose

taken up arms against the Corifodernte States.

V. Free persons of color, who, by tlic laws ot any Skate h w e bccn coinpelled t o
remove beyond the limits thcrcof, arid arc by law prohibited from retrirnirig to such
State, and who hare riot i n any w i v aided thc eiieniy. In all casw, persons clainicctptiorw, sh:tll be required to prove afIirniativclp
ing the benefit of thc forc
that they are entitlctl to t

MF. Tlill n i o \ ~ t to
l

tlPl* 111c \-otc j I l \ l

l:lk<~ll.

Tho motion to rcwnsiilcr (lid 1 1 0 L 1 ) 1 ~ ' 1ail.

Mr. Johnstoil of Virginia n i o ~~ t to
t :Lnicnd I)) i n
pende,nt section, to he scction 6 , as follows, to wit:
fctl, That all right, titlc, : ~ n diiitc
i l l a n y lands o r I(lt., Ly

1 hic.1~~ l l n l lhc atljuclgrd or

0x1 ot thc prorisionr of this
I tlrc ~ c n t l cing
~ i of thc5 judg-

1s :Ilu~~lld'lfoly,
sl1:dl l w ,
S : I I I I :IIC
~
h(li(>l)v
: L t ) w ~ l u t ( ~ ltraiisfcrretl
\
to
I? n l l o R1<' c~itlrcnso t t l l l k ~ ' l ~ l l i < ~ ~ lSl',tW,
< ~ l ' l t :1nd
~~

tion ant1 t l i c

their rcspcctivc titles.

IJpon .cvhidi Mr. I<iisscll, nt thc instxric~~

of' t l i t . Stntc of Virginia,
dern:wlcd that thc p i s and m y s of the \ ~ h o l c hod? l ~ circorded;
.cvhic.h xro 89 follows. to wit:
Aldiamil-Nny: Messm. Siniih, Curry, C%ilton, liale, and McRae.
Arkansas-Yea: MT, Thomuson. Nay: &lr. Garland.

800

JOUKNAL 08' THE

[Fob. 11, lbG2.

Mr. Macfarland moved to amend hy adding the following as an additional section to the bill, viz:
Whenever it shall be made to appear that the debt d u c from a citizen of any C'onfederate State to an alien enemy has heen discharged in whole or in part by subjecstirig thereto the effects or credits of such citizen within aiiy State of the TJnited States,
or within the military control of the enemy, the debt shall be reduced by a (*redit
corresporidimg to the value of the effects or credits so subjected.

Whereupon,
Mr. Macfarland, a t the iristaiice of the StAte of Virginia, denlanded
that the yeas arid nays of the whole hody should be recorded thereon;
which are as follows, viz:
Alabarna-Nay : Messrs. Smith, C ~ ~ r rChiltoii,
y,
h l c , and Mcl2ae.
Arknnsas-Yea: Mr.Thomason. Nay : Mcssrs. Garland and Watkins.
. Florida-Ym: Mr. Sanclerson. Nay: N r . Morton.
Georgia--Yea: Messrs. E'orem:tn, Bass, and Hill.
Kentucky-Xay : Mpssrs. Monroe and Elliott.
Louisiana-Yea: Mr. Conritd. Nap : Xr. Narshall.
Mississippi-Yea: Mr. Bradford. Xay: Messrs. Brooke and H a r rison.
Missouri--Yea: Nessrs. Clark, Harris, and Bell. Xay: Mr. Conrow.
North Carolina-Yea:
Messrs, McDowcll and PuryetLr. Nay:
Messrs. Davis, Vcniihlc, and Moi.ehend.
South Carolina-Kay : Messrs. Rarriwcll arid illemmirigcr.
Tennesscc-Yea: Messrs. HOIISC,Jones, and Do Witt. Say: Mr.
Curriii.
Texas-Yc:i: MI:. Ochiltrcc. N:ty: RIr. W a d
Virginkt -Yea : Aiessi-,. M;tcf:d:Lntl, lt'Lvc\, Scott, Botolrr, :ind
Brockenbrough. Nay : 3/11.. Sctldon.
Y a:Gcorgin, Missoui*i, r I ' e i ~ ~ i ~and
s s c Virgini:h,
~~,
4.
Nag: Alalmma, Arlrmsas, Rcntucky, Mississippi, :nd South Cai.olins, 5 .
Divided: Floridth, Louisiauit. Soitli (huolin:r, aiid 'I'cxns, 4.
Thc, iLrilcndlilcllt I\ :is lo5t.
MY. Coiir:id mo\-cCt to :initrid tho fiftli w c t i o n o f t hc. bill 1)y xlding
at tlic cnd thcrrof tho following w o r ~ l viz:
~,
Prouitlttl r r l s ~ ,T h d iii ('me tlicl debtor ,clii~11 1x1 Ii:iblc to :L thiitl party who is not a11
d i e u C I ~ C J I I ) ,for :L tlcbt tliit. by t1w ;tlim ( w ~ i i i yto ulioin Jic i p indebted, he n ~ a y
rctaiii iri hi.i hnrids so i i i i i ( . h oc liir ~ritlrbtetl~icss
RY .icill iucleinnify liiin against s w h
l i d d i t y iintil wlievc~lfroiir the p a n i c

J~~lic~c~"p"11,
341..Coiii~ad,at tlic ii1stmc.c of tlic State of Iiouisiuna, denlanded thnt
thc ~ : L : ~S n dn a \ . ~of the wholr h t l 1w
~ recorded thereon; which arp :LC:
follo\vs, 1 iz:
A l d ~ ~ i i > i - - N ~ ~ . :1's. Sniith, (hin.y, Chilton, Elt~lc,:tnd Mclhc.
A.rk~n~t~s--Nay
:
1's. (::lrlnncl :Lnd w~ltkitls.
Florida--Nay : Mossm. Mort on aiitl Hmderson.
Georgia -Y ?a: Mkssrs. Forcmmi, Bass, and TTill.
I<cntuclry-Y'ea: Mr. Monroc. .Yay: &h.Elliott.
Lonihiana --Yea: ili
*s, Pcrlrins aiid Gonmd.
Mississippi-Bay :
srs. Hnrrjs, I3rookc, Bradford, and Harrison.
Miswuri- Yea: ISiIes~rs.
C>ookc,IIarris, and ISell. Way: Mr: Conrow.
North Carolina-Yea: Messix. Davis and McDowell. Nay: Messrs.
en&Ic, Morehead: and Craig.

PROVISIONAL CONGRESS.

Feb. 11, 1862.1

South Carolina-Yea: Mr. Boyce. Nay: Mr. Me

lcnncssce--Yea: Messrs. House, Jones, a
Currin.
Texas-Yea: Mr. Waul. Nay: Mr. Ochiltree.
Virginia-Yea:
Messrs. Macfarland, Rives, Scott, and Boteler.
Kay: Mr. Seddon.
Yea: Gcorgia, Louisiana, Missouri, Tennessee, and Virgiaia, 5.
Nay: Alabama, Arkansas, Florida, Mississi pi, and North Carolina, 5.
Dir-ided: Kentucky, South Carolina, and exas, 8.
The amendment was lost,
Mr. Seddon moved to amend the bill by adding the following as an
additional section, viz:

The next of kin in the direct ascending and descending lines of any alien enemy,
faithful citizens of any of the Confederate States, or engaged in their military or naval
service, shall be entitled to have decreed them (they paying all costs) the property,
effects, and credits of such alien enemy, it9 if dead, intestate, leaving no other heirs
or distributees, chargeable, however, in their hands, as in case of administration or
heirship, with the debts of such alien enemies due to faithful citizens of any Confederate State.

The motion prevailed.

Mr. Conrad moved that Congress do adjourn.
The motion was lost.
The seventh section of the bill having been read, as follows, viz:
SEC.7. All payments of money and transfers of property, effects, and choscs which
heretofore have been bona fide and absolutely made to any true and loyal citizen of
the Confederate States in adjustment, settlement, and payment of any claim he had
against an alien enemy before the breaking out of the war, shall not be coufiscated.
The burden of proof of such exemption shall be on the party setting up tho right.

Mr. De Witt moved to amend the same by inserting after the words
effects, and choses the words (or the exchange of eithor.
The motion was lost.
Mr. Smith of Alabama moved to amend the bill by striking out the
whole section.
Whereupon,
Mr. De Witt, at the instance of the State of Tennessee, demanded
that the yeas and nays of the whole body be recorded thereon; which
are as follows, viz:
Alabama-Yea: Messrs. Smith, Curry, Chilton, Hale, and Mcltae.
Arkansas-Yea: Messrs. Garland and Watkins.
Florida-Yea: Mr. Morton. Nay: Mr. Sanderson.
Georgia-Yea: Mr. Foreman. Nay: Mr. Hill.
Kentucky-Yea: Messrs. Monroe and Elliott.
Louisiana-Yea: MY.Perkins.
Mississippi--Yea: Messrs. Harris, Brooke, Bradford, aiid Harrison.
Missouri-Yea: Messrs. Peyton and Conrom. Nay: Mr. Bell.
North Carolina-Y ea: Messrs. Davis, McDowell, Venable, Morchead, Puryear, and Craige.
South Carolina-Yea: Messrs. Barnwell, Memminger, and Boyce.
Tennessee-Yea: Messrs. Jones and Currin. Nay: Messrs. House,
De Witt, and Thomas.
Texas-Yea: Messrs. Waul, Oldham, and Ochiltree.
Virginia-Yea: Messrs. Macfarland and Scott. Nay: Messrs. Seddon and Brockenbrough.
C J-VOL

1-04-51

802

JOURNAL O F THE

[Fch. 11, 1862

Yea: Alabarna, Arkansas, Kentucky, Louisiana, Jfississippi,

sourj, North Carolina, South Carolina, and Texas, 9.
Nay: Tennessee, 1.
Divided: Florida, Georgia, and Virginia, 3.
The motion provailed.
Mr. Venable moved that Congress do now adjourn.
The motion was lost.
Section 8 of the bill being under consideration, as follows, 1%:

Nib-

See. 8. I n all decrew of sde under this act, and the one t o which it is an miendInent, the court making the decree sliall order such ternlr and notice of ?ale as to it
shall seem proper, and all sales, and all nionej Y and promises to pa! taken under
them, shall be reported by the remi\ er to the next term of the court alter they Shdll
be made, and shall be confirmed or rejected as the coui t shall deem just and proper;
and all confirmations of sale shall pass to the purchnser title to the ploperty and
effectssold, and the court may stay the execution of any decree of sale for such time
as may sccin fit in order to secure a sale at full value, nud may direct the semr,il
receivers to report whether sales may or may not be postponed with advantage to
the objects of this act.

Pfr. Harris of Mississippi moved to amend by striking out the same

and inserting in lieu thereof the following words, via:
A11 sales of property under this act shall be made by tlw receiver, a t public auction,
to tlie highest bidder, and on such ternis and such notice of ttic time and place ol
sale as the coui t may prescribe, and shall be duly rcportetl to the coiirt by such
receiver a t the term next after such sale, but no conveyance of title shall he made to
the purchaser of the property until the confirination of tlie salo by the court and ttita
payment of tho purzhase imney according to the twirls of the sale, and no sale shall
be valid until reported to and confirmed by t h e conrt, nor sliallany hale be confirmwl
nn ti1 the t e r m shall have been complied with, and the ( * o ut ~niay set aside ~ a c h
mlc.
for fraud, wmit of proper notice, or any Iiraterial irrcgolarity or xx hcw it s t ~ l :lt p p w r
that the revriver was thc purchaser or iiiterest(4 in the I)iircha-e, or tor su1)starrlixl
inadcquacy of price: Provided, ho?m'e).,That r;tloa of pcrboiidlty 1nay be rcportcd to
and confirnied b y the judge i n wcation.

Mr. Conrad moved to amend the amenclincnt, 1,). :idtling thc~retothe

following words, viz:
and provided no m1c shall 1 ) ~rnade iinlthss the pro
i t b appraiscd value,.

ty shall bring two-thirds of

\Vhereupon,

Mr. Conrad, at t,lir: insttirice of thc Stat(>of IJouisian:i, deiiiended

that tho yeas :tnd nays of thc whole bod!- I)(>recorded thereon; which
arc as follows, viz:
Aluhani:i--Nay: Mcssrh. Smith, Cui ry, Chilton, and Hale.
Arlinnsas-Yea: MY. Thomason. ?;SLY: Messrs. Garland and
IVatlci 11s.
F'lorid:~-Yea: MIessrs. Morton and Sanderson.
Georgin -Yea: Mr. Hill. Nay: Mr. Foreman.
Kentacky-Yca: Mr. Moilroe.
Louisiana-Yea: Mr. Conrad.
Mis4ssippi--Nay: NS~ssrb.Harris, I3rooli.e. Harrison, arid C':tmplwll.
Missouri -Yea: Mcssrs. Clark, Peyton, and 3eIL Nay: MI.. Clonron .
North Carolina-Y ea: Messrs. McDomell and Pnryenr. Kay :
Messrs. h v i s , Morehead, and Craige.
South Carolina-Yea: Mr. Boyce. Xay : Messis. Bar~iwell arid
Mermninger.
'I'ennessee-Yea : Messrs. House, ,Jones, Do Witt, and Thoinas.
Texas-Yea: Messrs. Waul and Ochiltree.
Virginia-Nay: 'l\iIessrs. Seddon and Brockcnbroug-h.

Feb. 11, 1662.:

IROVISIONAL
IROVISIONAL CVNOREPS.
CVNOREPS.

803

Yea : Florida, Ke11tucky7 Louisiana, Missouri, Tennessee, and

resah, 6.
: ~ ~ l : i b t K i aArlsansas,
,
Mississippi, South Carolina, and yirginia, 5 .
Iljvidcd: Georgia and Korth Carolina, 2.
Thc a~ircnilinentwas lost.
MY.Yerkins moved that Congress do now adjourn.
Thc inotion was lost.
The question recurring on the motion of Mr. Harris of Missjssippi
to anicnd the eighth section of the bill, the same mas agreed to.
The ninth section of the bill being under consideration; Ivhich is as
follows, yiz:
9. The court shall audit and pass on the accounts of the receirer as provided
act to \I hich this ip an ainendrrient; but in lieu of the compensation alld
therein provided for, shall allow such compensation as shall to it see~n
a l l o aiiccs
~
reasonable and just, following, in this respect, so far as may be a plicable, the analogies furnished by the lavs oi the State in Tvhic-h the court is he%, concerning compensation to executors, administrators, and trustees; and the court bhall furtl-ler
allow to the receiver all proper expenses attending the execution of his office. Alld
all fees and alloviances passed by the court in favor of any receirer inav be retained
by hiin froin any money in his hands; and all fees and allowances to any receiver
beyond the rate of five thousand dollars per annum, except for expenses as aforesaid. shall be forthxith paid by him into the Confederate Treasury to the use of the
Contederate States and shall be brought into and stated and accounted for i n his
next account of settlement as receiver.

Xr. Harris of iLlissisrippi moved t,o ninend by strikiiig out, the banie
and inserting in lieu thereof the following words, viz:
may, i n its diacretion, when special circiiinstances cxibt wliicli temporathe ~ a l a eof the property, delay the order of sale, or niay direct the
xainiiie and report whether it nould be expedient to make an inmetliate sale of such property, and on such report, or other satisfactory evidence, sliowing that a delay in the sale mould tend to secure a fairer price, may ordcr such sale
to be delayed, and in all such cases the court :nay, in the case of real estate or of a
plantation and slaves, order the receiver to lease the same on sucli terms as thc court
niay prescribe.

The motion preT-ailed.

Mr. Davic; of S o r t h Carolina moved to aniend the bill by adding
the following as an additional section, viz:
In case- 11 here an alien enemy may haT-e contracted, in writing, bcfore the hreittyfirst day of Nay, eighteen hundred and sixty-one, to sell real ertate to a c%izen or
citizens of this Confctleracy, and to make title upon pajmient of the purchase nloney,
the court, in decreeing questration of the said purchase money, or the residiie
thcrcof unpaid, ehall further decree that the receiver of the district in uhich said
real estate is situate, shall, upon payment of said purchase money, or the residue
thereof, as aforesaid, make title for such real estate to the purchaser or his assignee.

T h e aineiidment was agreed to.

M r. Foreman moved that Congress do now adjourn.
The iiiotion was lost.
The question recurring on the engrossnient of the bill as amended,
thc same was ordered to be engrossed for a third reading.
Mr. \TTaul denlanded the question thereon; which mas seconded.
Mr. Waul, a t the instance of the State of Texas, movcd to rcconsider the vote by which the question ~vasseconded.
On niohion of Mr. Currv,
Congress then adjourned until to-morrow morning, 11 oclock-

804

JOURNAL OF THE

[Beb. 12,1S62.

SIXTY-1;K:HTH DAY--WEDNESDAY, FEBRUARY

12, 1862.
OJICN SESSION.

Congress niet pursuant to adjournment, and was opened with prayer

by the Bev. Dr. Burrows.
Congress then resolved itself into secret session.
SECltET SESSION.

Congress being i n secret session,

Mr. Monroe introduced
A bill t o prescribe the mode of selecting and summoning jurors and
for the formation of juries i n thc Confedcratc courts;
which was read first and second times, placed on the Calendar, and
ordered to he printed.
Mr. llarris of Mississippi introdnccd
A 141 suppleinentd to an act to p u t in operation the Government
under the peminnent Constitution of the Confederate States of America, approved Mag 21, 1861;
which was read lir8t and second times, engrosscd, read a third time,
and passed.
Mr. Vest introduced
A bill to aid the State of Missouri, and for other purposes;
which was read first arid second times and referred to the Committee
on Einancc.
M u . Vest rriovctl. t o suspend tlic wgiihr oi-dcr of bii,sincss to takc u p
from tho t:LI)lc for considc~ration
A bill siil~p1ciiicnt:try to and nimiid:Ltory of an
of tbc State of Missouri.
1

bill and suk)stitiitiiig ill

ceded to the consideration of the sanie,

1)s striking ont tlic wholc of the original
licu tlicreof the following. to \\Tit:

2. Tliat npon the timl adjubtment of the meourits of the State of Missouri
ngainrit t h e CoiitrdciiLte Rtatw, the sum hereby advanced shall he tleducted fr<xnthe
ilrriornit ionnd d u r s to mitl StAte.

Mr. Rarnn ell iiio\.cd to refer the bill and thc arncndnient thereto to
tho Committee on Finance.
The niotion W;IS lost.
And the question being on agreeing to the mic~nclnientof 111..Vest,
the vote mas taken thereon arid the same was agrecd to.
And tho bill as amended wv&sengrossed, read R third timc, and passed.
And on iriotion of Mr. Vest, the title to the bill was amended b y
striliing oixt the whole of the same and inserting in lieu thereof the
words; An uat or the relief of the State of Missouri.

PROVISIQNAE CONQBESS.

Ecb 12, 1862.1

Ur. Vcnable offered some resolutions relative to amendments t

Provisional Constitution; which were read and laid on the hble.
Illr. Uarimcll inored to take up from the Calendar for consideration
A bill to make appropriations for the expenses of Government in
the legislative, executive, and judicial departments from the 18th of
February to the 1st of April, 1862.
The motion was agreed to.
And Congress having proceeded to the consideration of the bill,
MI-.
Barnwell, from the Corrimittee on Finance, nioved to amend by
adding at the end of the same the following, to wit:
For bounty of $50 to each noncominissioned officer, inusivian, and private
who niay cdist for three years, or during the war, on the basis that
100,000 inen will enlist wil1 require the sum of -.- -. - -.... .... P5,000,000
For the transportation of the above men froin the place of enlistiiiciit to
t h e army iii the field ._
._ - -.
*. - 7,000,000
~

__ -. __ _.__ _ _ ~.- __ -

___

Total required - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _-____ __ _ _ _ _ ___ __ _ 6,000,000

The amtwclnient was agreed to.
Mr. Macfsuland moved to amend by striking out the following
words, to wit: For transmission of the funds of the Confedorate
States, one hundred thousand dollars.
The amendment was not agreed to.
And the bill as amended was engrossed, read a third tinic, and passed.
And the title to the same, on motion of Mr. Barnvell, was ameuded
by adding thereto the words and for other purposcb.:
Mr. McRae introduced
A 1 4 1 to establish a -\-olunteer navy;
which mas read first and second times, placed on the Calenclar, and
ordered t o be printed.
On motion of Mr. House,
A bill to create an officer to be styled the auditor of contracts,
was made the special order after the consideration of
A bill to regulate the navigation of the Confcderata Statcs, etc..
Mr. Waul introduced
A bill to authorize the employment of cooks, to iricreasc the rations
for the Army, and for other purposes;
which was read first and second times, placed on the Calendar, and
ordered to be printed.
Also, :I 1)ill to promotc the efficiency of railroad transportation for
the Army and army supplies of the Confederate States; which was
read first and second times, placed on the Calendar, nncl ordered to
he printed.
MI.. Conrad introduccd
A bill to authorize and provide or the organization of the M ~ x r ~ r l a ~ d
Line;
which was read first arid second times and referred to l h ~Coinnlittee
on Military Affairs.
Mr. Brockenbrough, from the Committee on the Judiciary, reported
A bill to extend the provisions of an act entitled An act :xutklorizi11g
the President to inflict retaliation upon the persons of prisoners,
approved August 30, 1861;
which, on h ~ smotion, was placed on the Calendar, ordered to be
printed, and made the special order for Saturday next.
Mr. Rhett moved to take up f o r consideration
A bill to regulate the navigation of the Confederate S t d ~ s .
~

806

JOURNAL O F THE

[Feb. 12,1862.

The motion was lost.

And Congress proceeded to the consideration of the special order of
the day; which was the consideration of an act t o amend the sequestration act, etc.
And the question being upon the motion of Mr. Waul to reconsider
the vote by which the call for the question was sustained,
Tlze question being upon ordering the bill to a third reading,
The vote WRS taken and the motion to reconsider did not prevail.
And the bill having received its third reading and the qiiestion being
on the passage of the same,
MI-. Conrad, a t thc, instance of the State of Louisiana, dcnumded
that the eas and nays of the whole h d j hv rccordccl lhereon; which
are as fo lows, to wit:
Alabama-Yest: Messrs. Smith, Chilton, Hide, and McRae. Nay:
Mr. Curry.
Arkansas -Yen: illessrs. Johnson, Garland, and Watkins. Nay:
M ~ ~.
i
~
~
~
~
~
Florida-Yea: Messrs. Morton, Sanderson, :ind Owens.
Georgia-Yen: Mcssrs. P0reni:tnaiidlienan. Say: M
Bass, and Hill.
IGntutliy-Yca: IlIoxsrs. Noiiroc, Ford; Thoma,, \\hit(:, :ind IGlliott.
Louisiana-Yea: Mcssrs. Perkiiis, Jle Clouet, Kennel., and Mnrsbnll.
Nay: Mr. Conrad.
Mississippi-Yea: Messrs. Harrib, Brooke, I h d f o r d , and I-larrison.
Missou1.i-Yea: Messrs. Conrow mid Frecnian. Nuy : Messri. Cookc,
Vest, and Bell.
North Carolina -Ye:i: Jfessrs. lhvi5, hycry, Huffin. Vcnable, Morehead, Craige, and I)a\ idwn.
South (:arolina--Yr:~: M r h . Iihctt, IJSLIIIWC?II, t n t l Nciiiniingcr.
Nay: MY.I3oycc.
* IIOUSC.
N:gyV: Me
H. Jones and Thomas.
Waul aiid Oldlitmi. Nay: Mr. Ochiltrce.
rs. Scddon, Mac.i:trl:~tid,lrpor, Scott, Ihteler,
and I3rockciibrough. N R ~ Mwsrs.
:
Jluntc.t-, l t u w ~ l l ,and ,J ohtiston.
Yea: Alabuina, A r k t ~ r i ~ :Florida,
~~,
I<entuch~-,Tdoiii\i:iiiii, Jtississippi, North Carolina, South Carolina, r L e x : ~ ~and
,
Virginia, 10.
Nay: Gcorgia, Missouri, and Tcnnessec, 3.
So tho bill WRY p n h h i d .
$11.. Ilroolie 1 1 1 0 ~ dto ~ * c ~ c o r i s iIlic
d ( ~vote just, t:~li~il.
Flm rioti ion WILY lost.
MI.. lcrkiri~niovcd to talic u p f i * o i n tlic Calendar for consideration
A I)ill l o pro1iiI)it thc iniportation of article\ the productjoii or
mariufattixrc of tlic U n i t d States.
r ,
1h e i-riotioii was ilgiwd to.
M i . . 13:~riiw~Il,
l)y tiii:Lninious conscnt, rcporttd 11.oin Iliv Coiiiniittee
on Fiit:wco and rcic.c)iiiiiiciitlcd tho p:iss:tge of
11 bill to p:~yintclrest due tho Cliocta~ri u a t i o t i n p o n htoclis of t h e
Stato of Yirfiinia.
Tlw hill \ w s 1.cw1 h i t and
ond t i n w , cngi.oshcd, read a third
tinic, and pashed.
Air. Smith of A1nb:itm introduced
A MI appropriating the suni of 81,110.22 fo r the relief of the
Mohilo and Great Xortheyn Railroad Company, being the difference
htwci?n 15 and 24 per cent duty on railroad iron paid a t Pensacola,
May, lS6l.

i.

PROVISIONAL CONGRESS.

which ~ ~ 5 1read
5
first and second times, engrossed, read a third time,
and pa:id.
Xr. ( h i d , by general consent, moved to take up fronl the Calendar for consideration
A hill to provide for the education of midshipmen in the Navy.
The motion was agreed to.
And Congress having proceeded to the consideration of the same,
Air. Oldham moved to postpone the further Consideration of the
same.
Upon which Mr. Conrad, at the instance of the State of Louisiana,
dcrriaiided that the yeas and nays of the whole body be recorded;
which are PH follows, to wit:
R1aI):Lnia -Yea: Messrs. Smith, Curry, Chilton, and Hale. Nay:
Mr. Mcliae.
Arkansas--Yea: Messrs. Thomason, Garland, and Watkins.
Florida --Yea: Mr. Omens. Kay: Mr. Sanderson.
Gcorgitz--Yea: Messrs. Toombs, Foreman, Bass, Wright, and ICenan.
Iirntnc~ky--Tea: Nr. Ford. Say: Messrs, Monroe and Elliott.
Louisi:Liia--Say : Messrs. Pcrliins and Conrad.
Mississippi-Yea: Jfcssrs. Brooke, Harrison, arid Campbell.
Missouri--Say : Messrs. Conrow and Vest.
North Carolina-Xay: Messrs. ,!very, Euffin, and Davidson.
South Carolina-Yea: Mcssrs. Rhett, Barnwell, Memminger, and
Boyce.
Tennessee-Kay : Mes . House, Jones, and Thomas.
Texas-- Yea: Messrs. T a u 1 and Oldham. Nay: Mr. Ochillree.
Virginia-Yea: Messrs. Macfarland, Hoteler, Russell, and Johnston.
Say: Messrs. Seddon and Brockenbrough.
Yea: Alabama, Arkansas, Georgia, Mississippi, South Carolina,
Texas, and Virginia, 7.
Say: Kentucky, Louisiana, Missouri, North Carolina, and Tennessec, 5.
Dividcd: Florida, 1.
So the motion prevailed.
Congress then proceeded to the consideration of the bill to prohibit
the importation, etc.
And the first section of the same being under consideration, to which
an amendment offcrcd by Mr. Reagan was pending; which mas to add
to end thereof the following words, to wit:
n,Ldl)rooidedfLir/hP,., That wch aiticles as may be ordered b any of the 1)epark
nients: of Government shall be exempted from the provisions orthis act.

ihc vote was talien thereon and the hame was agreed to.
311.. Ierltins moved to amend by striking out the words first of
Scptc:inber and inserting in lieu thereof the words twenty-second
of I.c)>rnarJ.
>
Thc amendineiit was agreed to.
air. Conrow 1110\7cd to amend by striking out the words I~e1ltuCl~y
and Missouri.
The amendment was agreed to.
Mr. i<enncr moved to amend by striking o d the ~ o ~ *until
d s it
shall otherwise be provided by law.
Mr. Hale 1noved to postpone the further consideration of the bill
and amendments until the 22d of February.

808

JOURNAL O F THE

[Feb. 12,1862.

And upon which Mr. Perkins, at the instance of the State of Louisiana, demanded that the yeas and nays of the whole body bc recorded
thereon; which are as follows, to wit:
Alabama-Yea: Messrs. Curry, Hale, and &Rae.
Arkansas-Yea: Messrs. Thomason, Garland, and Watkins.
Florida-Yea: Messrs. Sanderson and Owens.
Georgia-Yea: Messrs. Foreman, Bass, Wright, and Kenan.
Louisiana-Yea: Messrs. Conrad and Kenner. Nay: Messrs. Perkins, De Clouet, and Marshall.
Mississippi-Yea: Messrs. Bradford, Harrison, and Campbell.
Nay: Mr. Brooke.
Missouri-Yea: Messrs. Vest and Freeman. Nay: MY.Conrow.
North Carolina-Yea:
Xcssrs. Davis, A\ ery, Xorehead, and
Davidson.
South Carolina-Yea: Mr. Memminger. Nay: Messrs. lihett and
Barnwell.
Tennessw-Yea: Xcssrs. Elouse, ,Jones, and Currin.
Texas-Yea: 1\11.. Waul.
Virginia-Yea: Messrs. IIunter, Macfnrland, Rives, Scott, Brockenbrough, and Johnston. Nay: Mr. Seddon.
Yea: Alabania, Arkansas, Florida, Georgia, Mississippi, Missouri,
North Carolina, Tennessee, Texas, and Virginia, 10.
Nay: Louisiana and South Carolina, 2.
Not voting: Kentucky, 1.
So the motion to postpone prcvailed.
Congress then resolved itsclf into executive session; and having
spent soinc tinic t h w i n , itgain rcsolvcd itself into 1c.gislative session.
nrr. ivaui lllolrc~~
til:lt corlg proceed to thc c*onsidcrationof the
bills retoccl. by the Presidcnt.
llr. ,Johnson of Rrkans;as moved to further postpone tho coiibider:~tion of the smw.
The motion to postpone was lost.
And the qwstion being upon agrceing to the motion of Mr. Waul,
thc vote TWS taltcn and the ~airicw a s :~grcctlto.
And tlic cluc\tioii
Shall thc hill t o encourage thc mttnufncture of siiiall arms, gunpowder, and saltpeter within tlic Confcderatc States pss, notwithstanding
tho veto of the lrcsid(,nt ?
The y w s :md nays of thc whole body wcre rcoorded thcreoii; which
ttrc as follows, to wit:
A h h i m Ic~t: l4i1cssi.s.Sniith, Il:~lc,itrid 1CZclkie, Nay: Messis
Cur I -3 :i ntl Cli i i t 0 1 1 .
AYI<XIIS:~\--X:~J
: N i c s ~ s ,Jolinson,
.
Thomason, Garl:md, : ~ n d1V:tthins.
Floridn --Nay: A h rh. Morton and Owcns.
Georgia - Ye:l: ,1
l h w . Nay: Messrs. Eoroiiiuri, Cr:~wford,
Wright, and K(w:tn.
Kentucky -S:L~
:
. Monroe and Ford.
Louisiana--Say : 3%
lcrkins, De Clo~ict,Conrad, Kcnner, :ind
bIarshal1.
Mississippi-Yea: 3x1..IIarrir. Nay: Messrs. I3radford, Harrison,
and Cxmpbell.
Missouri-Yea:
Mr. Vest. Say: Messrs. Cooke, Conrow, and
Freeman.
North Carolina-Yea: Xr. Davis. Nay: Messrs. Avery, Vensblc,
Morchead, and hvidson.

Peb. 12, 1862.1

PROVISIONAL CONGRESS.

South Carolina-Yea: Messrs. Rhett, Barnwell, and Bo

nlr. Xemminger.
Tennessee-Pea: Mr. Jones. Nay: Mr. IIouse.
Texas -Yea: Mr. Ochiltree. Nay: Messrs. Waul and Oldham.
Virginia-Yea: Messrs. Macfarland, Rives, a
Seddon, Hunter, Brockenbrough, Russell, and Johnston.
Yea: Alabama and South Carolina, 2.
Nay: Arkansas, Florida, Georgia, Kentucky
Missouri, North Carolina, Texas, and Virgini
Divided: Tennessee, 1.
So the bill mas lost.
And, a bill to authorize the Secretary of War t o receive into the
service of the Confederdte States a regiment of volunteers for the
defense of the frontier of Texas, being under consideration,
And the question being, *
Shall tho bill pass, notwithstanding the veto of the President?
The yeas and nays of the whole body were recorded thereon; which
aye as follows, to wit:
Alabama-Yea: Mr. Hale. Nay: Messrs. Smith, Curry, Chilton, and
Mcltae.
Arkansas - Nay: Messrs. *Johnson, Thomason, Garland, and Watkins.
Florida-Yea: Mr. Owens.
Georgia-Yea:
Mr. Foreman. Nay : Messrs. Crawford, Bass,
Wright, and Kenan.
Kentucky-Yea: Mr. Ford. Nay: Mr. Monroe.
Louisiana-Nay : Messrs. De Clouet, Kenner, and Marshall.
Mississippi-Yea: Mr. Bradford. Nay: Messrs. Harris, Harrison,
and Campbell.
Missouri-Yea: Messrs. Peyton, Cooke, Conrow, Vest, and Freeman.
Korth Carolina-Nay : Messrs. Davis, Avery, Venable, Morehcad,
and Davidson.
South Carolina-Yea: Mr. Rhett. Nay: Messrs. Baruwell, Memminger, and Boyee.
Tennessee--Nay : Messrs. House, Jones, Thomas, and Currin.
Texas-Yea: Messrs. Waul, Oldham, and Ochiltree.
Virginia-Nay : Messrs. Seddon, Hunter, Macfarland, and Rives.
Yea: Florida, Missouri, and Texas, 3.
Nay : alabama, Arkansas, Georgia, Louisiana, Mississippi, North
Carolina, South Carolina, Tennessee, and Virginia; 9.
Divided: Kentucky, 1.
So the bill was lost.
On motion of Mr. Vest, tho further consideration of the bill to provide for raising and organizing, in the State of Missouri, additional
forces for the Provisional Army of the Confederate States was postponed.
And, on motion of Mr. Crawford, the further consideration of a bill
to provide for granting furloughs in certain cases was postponed.
Mr. Rhett moved that the message of the President in relation to
A bill to provide for raising and organizing, in the State of Missouri, additional troops for the Provisional Army of the Confederate
States
be referred to the Committee on the Judiciary, with instructions to
report a bill for the repeal of the same.

810

JOURNAL O F THE

[Feb. 12,1862.

The motion was agreed to.

Mr. A w r y inoved to take up from the Calendar
A bill t o provide for the construction of a railroad from Selma, Ma.,
to Meridian, Miss.
Upon which Mr. Hale, at the instance of the State of Alabama,
demanded that the yeas and nays of the whole body be recorded;
which are as follows, to wit:
Alabama-Yea: Messrs. Smith, Chilton, and Hale. Nay: Mr.
Curry.
Arkansas-Nay : Mes .Johnson, Thomason, Garland, and Watltins.
Florida-Nay : Messrs. Morton :ind Owens.
Georgia-Yea: Mr. Kcnan. Nay: Mmm. 'I'oomI),, Forc.nitun, C'i*:iwford, Bass, and Hill.
Kentucliy--Yc;t : MI.. Monroe. Nay: MI.. Ford.
Louisiana--Yca: Messrs. Do Clouet, Conr:d, a n d I<enner. Say:
Messrs. I'cdcins and Marshall.
Mississippi-Yea: Messrs. T-Iarris, Brsdfortl, and Harriwii. Say:
Mr. Brooke.
LMissouri-Yea: Mr. Breernan. Nay: Messi*s.Coiirow and V e s t .
North Carolina -Yea: Messrs. Ihvis, Avery, Vcnahle, Morehcad,
and Davidson.
South Carolina-Nay : Messrs. Rhett, Barnwell, and Uoyce.
Tennesscc-Yea: Mr. Jones. Nay: Messrs. IIouse and Dc Witt.
Texas-Yea: M y . Ochiltree. Nay: Messrs. W a u l and Oldhain.
Virainia-Ye:%: Messrs. Seddon, Macfarlaud, Scott, and Broekenbroug%.
ippi, Noitli Carolina. and VirYea: Al:ii)aina, Imiihian:k, M
ginia, 5 .
Nay: Arkiinsas, Florida, (horgia, M w m r i , H o u ( h Carolina, 'L'ennessee, and Texas, 7.
Dividod: Kentucky, 1.
So the motion was lost.
c d into csecutivc
On motion of Jlr. Vennblt, Congr ~ c ~ 0 1 . r ~itsclf
session; and having spcnt SOIIIC, t imo tlicroin, : p i n r.rsolvc?d itself into
legislative session.
And, on motion of MY. C r : ~ ~ l ' o r d ,
Adjourncd until 1 1 o'(~1ock:i. ni. t o-nioi*row.

Congwss 1wing it\ (xcciitiw scssion,

The Ch:iii- ptwvntc4 tho I'ollowiiig c.oniniiniic:tt ion f i*oni the
Presidtwt :
h('lI\~o\i),

k;h/urrr// J?, JR;?.

7'0 the C'oiigress of /hc C ' o t ! ~ ' c c I o w r / o N c t i i h :

I noininst(. t l i c oiliwrs O I L tire :icc.ompanying list to t
names, rcspectivcly, q p e a b l y to tlic recc,iriiiiciiclation of tl

P(fptai7L9.

St. John, of Georgia; J. 31. Wainplcr, of Maryland; J. T. Champneys, of

ppi; W. 13. Thompson, of Sorth Cnrolina; Thomas J . Mac.lrcy, ot South Cnro. I,. I'ickett, of Virginia; R. 11. Pitzhugh, of Virginia; S.W. Presstman, of
Virginia; Leon J. IWmaux, of LouiPiana; Edmund fl. Cummins, of 31aryland;

Fcb. 12, lhG2 1

PROVISIONAL CONCfREsS.

lo\+hatan Robinson, of Missiwippi; 8.1,. Rives, of Tirginia; E. T. D.

Virginia; John -7. Clarke, of Virginia; D. B. Harris, of Virginia; J
of lirnr1c.c.

First lieutenants.
Francis Herbst, of Alabama; Charles T.Liernur, of Alabama; John L.
of Marylantl; K. T. Harper, of South Carolina; J. IV. Gregorie, of South Carolinnf
Charles S. Venable, of South Carolina; John B. Ilarvie, of Virginia; E. 3;. Mason,
of Virgnia; Frederick Y Dabney, of Mississippi; J. I<. Boswell, of Alabama; Duncan
G. Campbell, of Louisiana; J. C. Winder, of Rorth Carolina; Oscar Hinrichs, of
Korth Carolina; Chxrlen TT. Dirnmack, of Virginia; Conway R. Howard, of Virginia; H. T. l)ougla~,of Virginia; C. T. i\Iason, of Virginia.
Secmd lieictenccn~~.
a; G. Tlioiiias Cox, of Marylarid; 1,. A. Dade, of VirT ~ q $ n i a ;A. 3. de Saulles, of Louisiana; James D.

Ferguioti, of Tennessee.

The nominations were referred to the Coininittee on Military Affairs.

The following co1nniunic:btion co as rcceivcd from the President:
~ ~ l C I I \ i O N I )Fcbrunry
,
12, 18/;3.
T i the Cbngims qf the Cbnfederufe Siutes:
1 nominate) the officers on the accoiiipaiiyiriglist t o the rank affixed to their names,
respcctivrly, agreeably to the recoiuiiicridation of the Swlrtary of War.
JEFFERSON DAVIS.
Yo be briycrc~ie,.-y-lieroIs.

Jlowell Cobb, of Georgia, and George IT. Itantlolpli, of Virginia.

On motion, Howell Cob13 mil Gcorge W. llandolph were confirmed

brigadier-generals i n the Provisional Army of the Confederate States.
Congress then took up the nomination
Maj. Gen. George B.
Crittenden.
Ah-. Waul m o v d that the consideratio- cf the same be postponed
until Xonday next.
The motion was agreed to.
Congress then proceeded to consider the nomination of Lucius B.
Korthrop, which was laid on the table on the 28th January.
Mr. Smith of Alabama demanded the yeas and nays thereon; which
were ordered, and the same are recorded as follows, viz:
Yeas: Messrs. Curry, Chilton, Hale, and Mcltae, of Alabama;
Messrs. Johnson, Thoniason, Garland, and Watkins, of Arlmnsas;
3fessrs. Morton and Sandcrson, of Florida; Messrs. Toorrh, Foreman, CraIYford, Kacs, ICeiian, and Hill, of Georgia; Mr. Monroe of
Kentucky; Jlessrs. Perkins, De Clouet, Kenner, and Marshall, of
Louisiana; Messrs. IIai*rih,Uroolrc~,IZrndford, and Harrison, of Missjssippi; Mcssrs. Conyom, Vest, and F r e ~ ~ a of
n , Missouri; Messrs.
&\.is, Venable, Morehead, and Lhvidson, of Korth Carolina; Mr.
IZarnwell of South Carolina; Messr<. *Jones, Thornas, and Currin, of
Tennessee; Alessrs. Reagan, Waul, Oldham, aiid Ochiltree, of Texas;
air. fjeddon of Virginia; Messrs. Macfarland, Scott, :mi l h d r e r l brough, of Virginia.
Kays: Mr. Smith of Alabama, Mr. Conrad of Louisiana, and Mr.
D e TVitt of Tenncssoe.
SO Congress adviscd aiid consentcd to the confirlxlation of Lucius B.
Northron of South Carolina, as Commissary-General of the Army of
the Confiderate States.
Congress then resolved itself into legisla>tivesession.
<,

JOURNAL O F THE

812

SIXTY-NINTH DAY-THURSDAY,

[Feb. 13,1862.

FEBRUARY
13,1862.

OI'EN SESSIOS.

Congress met pursuant t o adjournment, and mas opened with prayer

by the Bev. Dr. Burrows.
Congress then resolved itself into secret session.
SECRET SESSION.

Congress being in secret session,

Mr. Venable, on his own motion, waz allowccl to withclraJv the resolutions introduced by him relative to aniendinents to tlie l'rovi&mal
Constitution.
The Chair presented a communication froin the Secretary of the
Treasury i n res onse to a resolution of inquiry of the Congrehs relative to the purc lase of cotton; which WLY rend and laid on tlic table.
Mr. Harris of Mississippi nioved to postpone the regular order of
business, for the purpose o f taking up fov consideration his motion to
reconsider the vote on the passage of
A bill to provide for an incrcme in the &uartc~riii;~stcr
and Coniliiisaary Departments.
The motion to postpone was agreed to.
And the question being upon the motion to reconsider, the votP was
taken and the uiotion prevailed.
Mr. Harris then moved to rccorisider the vote on the engrossirient
of the bill.
The motion revtlilcd.
Mr. IXarris 1 ien inowd t o vccoiiridcr tho rotc hy wliicli t l r ~:tiiiciidmont by way of sril>stitutc to the bill WL:, adopted.
And the question being o n agreeing t o tlic substitute, thc vote was
taken and the anieridnient \VUY lost.
The bill was then cngrosscd and read a t h i d time;
When,
Mr. Toomhs inovcd to lay the bill on tlie t:it)lc.
Tho motion was lmt.
And the qucstion being on thc passage of Ihc same,
MY. Toomhs, at the insttinca of the St:itc of (icorgia, cl~mnrdctlthat
i ~ i ~"ys
d
of tho wbolc body lw recorded tlicreori; which :we as

RI:Ll)ainu--Yca: Mesws. 11:iIv i ~ i i dX(~L&m. Nay: Messus. Sinith tind

Curry.
Arliarisas-Yc:i: Rilr. 7Vatkins.
: Mr.
~ Ow ens.
Flo rid:i---Y c:t: M w m . Morton R I l(i Sandcrho I 1 . S : L
Georgia -Yea: Mcwrs. 'Cfrright: ~ n dKcnan. S i ~ y ;:\ i l ( w r h . Tooni))h,
P O R I I I Cnlw
~ L ~ ,ford, N:lss, Hill, : L I St
~ cphens.
ICentucliy-Yea:
rs. &/Ionroc,cJoI1iison, 2nd Ford.
Louisiana -Ye:&:
Mississippi -Yea
SIBS. Harris, Rroolie, Bradford, and Harrison.
W , arid F I w r i i : L u .
Missoiiri--Yea: Mwsrh. Cooko, Harris, C O I I ~ OVest,
North Carolina-Yea: Messrs. Davis, Awry, Venable, :ind Dnvidsori.
South Carolina-Yea: Mr. Boyce. Nay: Messrs. Rhett andKarnwell.
Tennessoe-Yea: Mcssrs. House, Jonas, Thomas, and Currin.
Texas-Yea: Messrs. Wanl, Oldhaw, and Ochiltree.

licb. 13 1%2 j

PROVISIONAL C

Virginia--Tea: Messrs. Seddon, Pryor, Scott, Bro&

.I o h m t o n . Kay: MY. &lacfarland.
Yea: Arlmnsas, Florida, Kentucky, L
Korth Carolina, Tennessee, Texas, and
Way: Georgia and South Carolina, 2.
Divided: Alabama, 1.
So the bill was passed.
Mr. Oldham, from the Committee on Engrossment, report4 as COPrectly engrossed and enrolled
An act to organize the clerical force of the Treasury De artmenti
An act to transfer the county of Attala, in the State of hi8sissi pi,
from the northern to the southern judicial district of the State of i&ssissippi; and
An act to pay interest due thc Choctaw Nation upon stocks of the
State o f Jirgjnia.
Nr. Waul introduced
A bill to organize transport trains for the Army of the Confederate
States;
which was raid first and second times and placed on the Calendar.
Nr. Rvery, from the Committee on Military Affairs, reported
adversely to a bill to call forth the militia to repel invasion, aslred to
t)e discharged from its further consideration, and that the bill lie on
the table.
A message was received from the Prwident, by the hands of his
Prirate Secretary, Mr. Josselyn, informing Congress that the President on Tuesday, the 11th instant, approved and si ncd
An act to proride for the compensation of G.
Oury, Delegate
from Arizona, for his attendance at this session of Congress.
T h e morning hour having expired,
Mr. ICenan moved to suspend the consideration of the special order
of the daj-, for the purpose of considering the report of thc Military
Committee.
The motion to postpone was agreed to.
And the question being upon agreeing to the report of the Military
Committee,
Mr. Toombs, at the instance of the State of Georgia, demanded
that the yeas and nays of the whole body be recorded thereon;
which are as follows, to wit:
Alabama-Yea: Mcssrs. Chilton and Hale. Nay: Mr. Curry.
Arkansas-Yea: Messrs. Thomason and Garland. Nay: Messrs.
Johnson and Watkins.
FIorida--Yea: Mr. Sanderson. Nay: Mr. Owens.
Mr. Kenan. Nay: Messrs. Toombs, Foreman,
Georgia-Yea:
Craw lord, Dabs, Hill, Wright, and Stephens.
Kpntuckv-Yen: Messrs. Monroe, Johnson, Ford7 Thomas, and
White. -&y: MT. Elliott.
Louisiana-Yea: Messrs. De Clouet and Conrad. Kay: Mr. Marshall.
Mississippi-Yea: Messrs. Harris, Brooke, and Harrison. Nay:
Mr. Bradford.
Missouri-Yea: Nr. Conrow. Nay: Messra. Peytpn, Coolre, Harris, Vest, and Bell.
North Carolina-Yea: Xessrs. Avery and Ruffin. Nay: Messrs.
Bavis and Davidson.

&.

814

JOURNAL OF THE

[Feb. 13, 1862.

South Carolina-Yea: Messrs. Barnwell and Memminger. Nay:

Messrs. Rhett and Boyce.
Tennessee-Yea: Messrs. HOUSC,
Jones, and Thomas.
Texas-Yea: Messrs. Wigfall, Reagan, W i d , arid Ochiltrec. Nay:
Mr. Oldham.
Virginia-Y ea: Messrs. Scott and Brockenbrough. Nay: Messrs.
Macfarlttnd, Rives, and Itussell.
Yea: Kentucky, Louisiana, Mississippi, Tennessee. and Texas, 5 .
Nay: Georgia, Missouri, arid Virginia, 3.
Divided: Alabama, Arliansas, Florida, North Carolina, and South
Carolina, 5.
So the Coiigress refused to agree to tho report.
Congress then rcsolvcd itself into cxxecutive session; and havingspent soirie time therein, again resolved itself into legislative session.
Mr. Oldliam, from the Comniittec on Engrossiiient, reported as correctly engrossed and enrolled
An act to alter and amend an act entitled An act for the sequestration of the estates, property, and cffects of alien enemies, and for
iriderinity of citizens of the Confcderate States rtnd persons aiding the
same in the existing war with the United States, approved August 30,
1861.
Mr. Memniiiiger off wed
A resolution in relation to paynient to disbursing clerk of appropriation for removal of the seat of government;
which was rcnd first mid sccond tiiiieb, eiigrossed, i ~ a diL third time,
w t l to tlre coAckr;it,ion o f the
:111 Illovcti t l d C:ongrt
remiining 1)illh vctoctl by tho 11.
Mr. Crtiwfoxl iiiovcd to PrirLlinr pc)\tl)on(:tlic. uo~isidcrutionol tlic
8ttIi10.
r ,

11x0 rriotion to pvqt,poiic pi-cv~iild.

And, on motion of Mr. 1Cntmn,
Congress adjom.ncd iuitil 11 o(*Iot*L:L.
Congrcw I)cing i n c w c

111.

to-iriorrow.

the lrcsident, inaliirig tlic

1 Army o f the Confcderatc

Ttic following nwsst~gc~

tollowiiig lio1lll1liLtio1l.; it
Statc.:

)IU

(olo,,el.
R ~ ~ i j r ~ i(ni .mIhiiiiplir(y,, o f Xliswsippi, to take rmik Septeiiiber 11, 1861.

Lic.~rte~~ccnI-c.oloric~l.
TI. 1., 1Zrmclon, of Atississippi, to h k c rank J u l y 17, 1861.
-11(1/1.

I). S filoody, of Alississippi, to take rank Xoveiuber 2, 1S61.

C"olone1.

.I. T. ItaiiicLy, of Texas, to take rank January 2, 1862.

Tli~utenant-colonel.

I . Li. Black, of Texas, to take rank January 2, 1862.

Najor.
A. G. Clopton, of Texas, to take rank January 2, 1862.
FIRST ARKASSAY CAVALRY REGIMENT, PROVISIONAL ARMY.

Colonel.

Thonias J . Churchill, of Arkansah, to take rank June 9, 1861.

LleuterLttri1-coloiiel.

Clmrles H. Xatlock, of Arkansas, to take rank June 9, 1861.

Major.
Robert IFr. Harper, of Arkansas, to take rank June 9, 1861.
J<'TKhT A I , A R A M A

AIZTil.T,EKY RAlTAT,lO\',

l'IK)VISIOSAi,

ARMY.

&utenarrt-coZorrel.
Robert C. Forsyth, of Alabama, to rank from date of rorifir~nation.
E I G H T H TEXAS C 'IVALRY REGlMEYJ', PROVISIONAL ARMY.

f blonel.

J o h n A. Wharton, of Texas, to takt. rank Jannary 13, 1862.

Ijieuleriarjt-colonr1.

J. G. Walkei , of Texas, to take rank January 8, 1862.

Xaior,
Thoniai; Harrison, of Texas, to takt. rank September 7 , 1861.
TWENTY-FIXST LOTISIASA REGIMEST, PROVISIOSAL ARMY.

co101%Pl.

M. L. Smith, of

-, to take rank January 30, 1862.

Lzeutemnt-colonel.

Edward Higgins, of Louisiana, to take rank January 30,1862.

Jfajor.

Edward Ivy, of Loiiisiana, to take rank Jalzuary 30, 1862.

JEFF. DAVIS LEGlOX, PROVISIOSI\L ARMY.

L~eutentrnt-colonel.
m7illiam T. apartin, of l\lississippi, to rank from confirmation.

Major.
RTilliarn 51. stone, of

-,

to rank from confirmation.

JOURNAL OF THP

816

[Feb. 13, 1862.

TWENTP-SEVENTB DIISSISSIPPI REGIXENT, PROVISIONAL ARXY.

I,?eu ten u 71t-coloiiel.

James L. Autry, of Mississippi, to take rank from confirmation.

Xujor.
George H. Lipscomb, of Mississippi, to take rank from confirmation.
PIFTII ARKASSAH RA'TALIOW, PROVIsIOSAL ARMY.

Ijieutenurd-colonel.

Fran-,is A. Terry, of Arkdnsas, to rank from Sorember 30, 1861.

SEVENTH ARKAhSAS R U"I'ALIOX, E'ROYISIOA AL ARXY.
,TLUJOV.

F. W. Desha, of Arkansas, to take rank October 25, 1861.

EiLiwrrr

GEOILGIA I ~ ~ A I J O NPROVISIONAL
,

ARNY.

I;itutei~aiit-color~LI.

C. A. L. Lamar, of Georgia, to take rank Bovernber 2, 1861.

&kIjO?,.

Jolin H. Lamar, of Georgia, to take rank January 30, 1862.

.lL(l;or.

.John W. Caldwell, o f Kenttwhy, to tali<>Idllh

u J : ~ ~ 29,
~ t ~1862.
: ~ ~ ~

ElGIITi I VIIiG I N [A DA'LY'I~L~ON, I'IiOVISIONAL AEMY.

MRjOT.

C. 1%. Dnficld, of Virginia,

lo

lake r:ink Augnst 13, 1861.

BriUodt, comniisstriics, wiili

flip

rtrnk of rntrjor.

Philip 31. SI:wghtrr, of Louisiana; James W. TAyon,of Marylantl; W. N. R. Beall,

of Arkansas; Ir. C. Guerin, of South Carolina.

8pcm(vr 13. Scott, of Tesas; John A. Gibson, of North Carolina; Eli H. Miller, of
Xortli ('aroliiia; J. J L (>reen, of Tennessee; \\-. J. Bryant, of Mississippi; Ewing
I,ittcAral, of Virginia; Paul Yritchard, of South Carolina; John A. Stanly, of North
Cilro1in:t; .J &I I'etiigww, of Arkansas; (2. W. Alderson, of Virginia; James L.
Kames, of Virgii\i:t; T h o m s Ibggs, of South Carolina; R.TI. Williamson, of -;
I). It. Ilawkinb, c t Tennemx; Alexander I. Mason, of Virginia.
I3riqntlt, qiiu~ir,mnsterx,with i l v m v k .J' ~ r i o j o ~ .

Joliri Claiboriir, ot l,oiiis~:nia;Alptionsc Cazabat, of Louisiana; Thomas L. Brown,

of Virginia; J. G. Finiiie, of Tcnnc~sce;John U. Burton, of

-.

m s t e r a , ? d hthtJ rcrnk of mptcrcn.

John A. TVinbry, of Tems; \Villiani IIcnclrix, of Alabama; A. S. Garnett, of
Virginia; RaIisoni B. illooii. of Yirgirh; C. I,. Goodwin, of Sonth Carolina; R. W.
Santlcrn, of Louisiana; James I,. Cole, of Virginia; George Taylor, of Arkansas;
J. I) Canieron, of Georgia; W. \V. I'aine, of Georgia; J. C. Brannon, of Tennessee;
A. 13obct, of Imisiann; LV J Zverett, of North Carolina; E. Pinkney Hill, of Texas;
B. Steagall, of North Carolina.

Feb. 13, 1862.1

817

PROVISIONAL CONURESS.

Chaplains.

13.J. Walker, of Tennessee; George E. Eagleton, of Tennessee; J. H. Jordan, of

Louisiana; F. M. Latta, of Arkansas; James S. Ervin, of North Carolina; R. B. &ston,
of South Carolina; J. W.P. McKenzie, of Texas; W. G . L. Quai&, of Arkanm.
ADJUTAXT-GENERAL'S

DEPARTMENT.

Major.
Alexander M. IIaskell, of South Carolina, to take rank January 28, 1862.
Captains.
Jamcs G. hIartin, of Tennessee, to take rankJanuary 28,1862; Thomas W. Preston,
of Tennessee, to take rank January 31, 1862; TV. A. Harris, of Virginia, to take rank
January 31, 1862; I?. A. Reynolds, of Virginia, to take rank November 9, 1861;
Edward W. Hull, of Georgia, to take rank February 3, 1862.
Lieutenant-colonel.
Shmuel A. Roberts, of Texas, to take rank February 3, 1862.

Aids-de-camp, with the rank o f j r s t lieutenant.

Samuel Donelson, of Tennessee, to take rank January 10, 2862; C. T. Quintard, of
Tennemee, to take rank January 10, 1862; Stockton IIeth, of Virginia, to take rank
January 23, 1862; William E. Cannady, of North Carolina, to take rank January 30,
1862; John G. Meern, of
, to take rank February 3, 1862.

Adjutants, with $herank of first lieute7iant.

James \V. Batter, of Arkansas, to take rank June 9, 1861; A. McGoodwin, of
Kentucky, to take rank January 28, 1862; J . H. Ware, of Georgia, to take rank
January 28, 1862; Edward C. Hill, of Virginia, to take rank January 22, 1862;
Edward Warburg, of Louisiana, to takc rank January 31, 1862; Alfred T. Pettit, of
Virginia, to take rank January 31, 1862; E. A. Miller, of Mississippi, to take rank
January 31, 1862; Joseph W.Holden, of North Carolina, to take rank January 14,
1862.

Congress advised and consented to the conElrrnation of said nominations.

The Chair laid before Congress the following commnnication from
the President:
RICHXOBD,
Februay 1, 1862.

To the

Congress of the Confederate States:

I nominate J . 3. Kershaw, of South Carolina, to be a brigadier-general, agreeably to the recominendation of the Secretary of War.
JEFFERSON DAVIS.

On motion of Mr. Rhett of South Carolina,

Congress advised and consented to the said nomination.
Mr. Conrad, from the Committee on Naval Affairs, to which had been
referred the nominations of the President of January 25, reported the
same back and recommended their confirmation; which m s agreed to,
Congress advising and consenting to the same.
Mr. Conrad, from the same committee, to which was referred the
noniination of James K. Harwood, of Maryland, to be a paymaster in
the Navy, reported the same back and recommended his confirmation;
which -was agreed to.
The Chair laid before Congress the following communication from
the President:
RICFIMOND,
Fehmcwy 13, 1862.
ConfcdPrnte Stutes of h z e r h :
I noniinatc the ofticem named in the annexed letter of the Secretary of the Navy
for promotion, agreeably to his recommendation.
JEFFERSON DAVIS.
C J-VOL
144-52

To thP President of fhe C'mpss of

thp

818

[reh I$,1562.

JOURNAL O F THE

CONFEDER
LTE S T ~ ~ E
01-SAXERIG
i, S.i\ T Dcr, 1 1 ~ME>
1
r,
Ilickmor~il,Eelmiccly 13, Z,s(i?.
The PRESIDEST.
SIR: I have the honor to recommend t h e following noininations
the Marine Corps of the Confederate States:

101

proiiiutiori i r i

First lieutenants.
Second Lieut. David G. Raney, of Florida, vice First Lieut Heiiry I, J n g r a l i ~ ~ i i ,
rePigned, t o rank as such from t h e 22d day of Xovember, 1861.
Second Lieut. .James R. Y . Fendall, of the District of Columbia, r-iw Firbt Lirut.
Henry B. Tyler, jr., dismissed, torank as such from t h e 10th day of Dectmbcr, 1861.
I have the honor to be, very respectfully, your olndiriit ~ e r v a n t ,

The Chair also laid before Congrezh the foIlo

from the President:

RTrmro\ I), liS~biuctry1 3 , 186d.

To the Congres\ of the Confedcrate A a t e s .
I iiomiiiate the officers on the accompanying list to t h rank affivetl to their naniw,
respectively, agreeably to the reconiinendation of the Secretary of Wat
JEFFI;RSOS DAYIS.
Cccptciins.

hich

W(\I*C i.cfeiwci

to tlic

( oliiiriittt~c~
on

C~ongzwst,heii wiumcd legihlativc

JIiIit:ir> L l f l a i i , \ .

\(&oil.

SEVENTIETIT 1).4Y--FRlDAY,

~F:l~lLLiAliY
14,1862.

Feb. 11, 1862 1

PROVlSXONAL CONGRESS.

C'ongrehs then resolved itself into executive session; and hav

some time thcrein, again resolved itself into legislative session.
'The Chair presented certain estimates from the Postmaster-General;
which vcrc read and laid on the table.
311.. Iforton introduced
A bill to compensate Dillon Jordan and E. Glackmeyer for services
rendered the Government;
which w&S read first and second times, engrossed, read a third time,
and passed.
Mr. Brooke, at the instance of Mr. Campbell, withdrew the mot,io11
of the latter gentleman to reconsider the vote on the passage of a Yesolution appointing Captain Maury and Professors Bledsoe and Smith
to prepare a system of weights, measures, and coins for the C7onfederntc Cong'less.
3h. Sanderson, from the Committee on Military Affairs, reported
and reconimcnded the passage of
A bill t o aid in the construction of a road to connect the Pcnsacola
and Georgia road with the Savannah, Albany and Gulf road;
which was read first and secolld times, and the question being upon
ordering the bill to be engrossed for a third reading, Mr. Sanderson,
a t the indance of the State of Florida, demandrd that the yeas and
nays of the n-hole body be recorded thereon; wliich are as follows, to
wit:
Alabama--Xnj-: Mcssrs. Curry and Chiltoii.
Arkansas-Yea: Mr. Johnson. Xay : Mr. Wntkins.
Florida-Yea: Messrs. Morton, Sanderson, and Owens.
Georgia-Kay : Bllessrs. Toombs, Foreman, Crawford, Wright,
I<cnan, and Stcpliens.
Rentackj--Yea: Messrs. Monroe, Johnson, Ford, Thomas, White,
Elliott, and k i n g .
Louisiana-KajT : Messrs. Perkins, De Clouct, I<enner, and Marshall.
Mississippi-Nay : Nr. Brooke.
Missouri --Pea: Messrs. Clark, Cooke, Conrov, and Freeman.
Xorth Carolina-Yea: Messrs. Avcry and Davidson. Nay : Messrs.
Davis, Riiffiii, and Craige.
South ('arolina-Say:
31essrs. Rhett, Barnwell, arid Boyce.
Tcnncsscc --Say: A h . Currin.
Texa,---Yra: All-. Ochiltree. Kay: Mesars. Waul and Oldhani.
Virginia-Yea: Messrs. Seddon and Bussell. Nay: Messrs. Pryor
and Bocock.
Yea: Florida, Kentuckj-, and Missouri, 3.
Kay: Alalsama, Georgia, Louisiana, Mississippi, North Carolina,
South Carolina, Tennessee. and Texas, 8.
Divided: Rrlcansas and Virginia, 2.
SO the (>ongress yefu5ed b o r d e r t h e bill to be engrossed for a third
reading.
~ rrryor,
.
from the h a m committee, reported
A bill to colltinue in office the major and brigadier generals of the
Provisional Army;
which was p a d first and second times, placed on the Calendar, and
ordered to be printed.
My. Pryor, from the smi1: committee, to whom was referred
A bill to fix the rank of certain officers,
reported the same hack, with the recommendatioll that it pass.
1

820

.JOURNAL O F THE

The bill was engrossed, read third time, and passed.

Mr. Hale. from the same conimittee, reported back and reeommended the passage of
A bill t o authorize and to provide for the organization of the
Maryland Line.
The bill was engrossed, read a third time, and passed.
&lr. L)c Clouet, from the Committee on Accounts, reported back as
examined and approved the estimates of the Secretary of Congress and
sundry accounts, asked t o be discharged from their further consideration, etc. ; which was agreed to.
Mr. Chilton, from the Committee on Postal Affairs, to whom was
ref erred
A resolution instructing thc corninittee to jnqiiire into the propriety
of giving extra compensation to postmasters whose offices are in the
vicinity of the camps,
re orted thc same back, asked to be discharged from its further consileration, and that the resolution lie on the table; which was agreed to.
Mr. Chilton, from the same committee, to whoin mas rcfcrred the
pctitioii of sundry citizens of North Carolinain behalf of Moore Martin,
a inail contractor of that State, reported the same back, asked to be
discharged from its further consideration, and that the petition lie on
the table; which was agreed to.
M r . Chiltoii offered the following resolutioc; which was read and
agrccd to, to wit:
I

[Feb. 14, 1862.

Brsolved, That tliis Congress (lo :tdjoum 011 Monday, the seventcenth of February,
eighteen Iiulitlrc~land sixty-two, at tmelvr oclork mcridisii, sine die.
Mr. C r i ~ ~ f otriovccl
id
t1i:it tlic frut licr coricitlvrat ion of the hsiiicss

h postponed, for tho purpose of taking u p and

considering
A hill to admit duty free all goods, TVZLICS, and nwrc~1i:Lndiwimport (4
into the Confcdcratc States for a limited period, except snch as rmy
bv hrought from the Unitccl States of Amcrica.
Mr. Cliilton niovcd to la? the iriotion o f Mr. Crawford on thc table.
Upon wliicli 3Tr. Mlictt, nt t i e instance of the $ttite of South Carolina, demanciecl that tho y c : ~and nays of thc wholr 1)ody he recorded
thercon; which mo as follows, to wit:
A1ai)ania -Yea: 31 rs. Curry, Chilton, Hale, and RIcIttie,
.\rlmisas-Yra: Mcssrs. Johnson, Thomason, Garland, and 17;atkins.
ITlorith - Nng: Il/rcs.;rs. hlorton, Saiid~rson,and Owens.
Gwi*gi:h--Yra: il/lcssrs. Toonibs, Ilill, and Wright. Nay: Messrs.
k o ~ ~ ~ l lCI*:lwford,
i~li,
l h s , Kenan, ttnd Stephens.
I<cntuc.ky - Y w : Mcssrs. Monroe, rJotiiisoii, Ford, Tliuniab, Whitc,
Elliott, :iii(l Kwing.
Louisi:ina--kci,n: Messrs. Dc Clouet, Conmd, and Kcnncr. Nay:
Messrs. Irrlcins wid Marshall.
R/Tississiyyi--le~~: i?/lebs~s.Broolre and I h d f o r d .
Missouri-Yea: Messrs. Clark, Peyton, IIi1rris, Con row, and Freeman. Nap: Messrs. Cooke arid Vest.
North Carolina-Yv:L: Messrs. Davis, A m y , hlowhcad, and Davidson. Nay: Messrs. Ruffin nnci Craigc.
South Cnrolina-Yea: Messrs. 13iLrtilvell and Rileniminger. Kay:
MI..
lthctt.
r ,
I_cniics~ee- hay: Xr. Currin.
of the morning hour

Fcb 14, 18G2 ]

PROVI8IONAL CONGRESS,

Tcsas-hay : & ~ s s ~ Waul

s.
and &&]tree.
lrirginia-yf'a:
hfessrs. Hunter, Macfarland, Scott, Brockenbrough,
%ussell, and Johnston. Say: R'lessrs. Pryor and Rocock.
Yea: Alahma, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, Korth Carolina, South Carolina, and Virginia, 9.
Xay: Florida, Georgia, Tennessee, and Texas, 4.
So the motion to lay on the table prevailed.
Mr. Kenner lnoved to postpone the further d l of the St,ates, for
the purpose of taking up for consideration
A bill to provide for the connection of the railroad from Selin:i,
Ala., to Meridian, Miss.
The motion was agreed to, and the question being upon the engrossment of the bill,
Mr. Bhett, a t the instance of tho State of South Carolina, demanded
that the yeas and nays of the whole body be recorded thereon; which
are as follows, to wit:
Alabama-Yea: Messrs. Hale and 1SilcRae. Nay: Mr. Curry.
Arkansas-Yea : Mr. Johnson. Nay: Messrs. Thomason and \Vatkins.
Florida-Yea: Mr. Sanderson. Naj7: Mr. Owens.
Georgia-Nay : Messrs. Foreman, Bass, Wright, and Ste hens.
Messrs. Monroe, Ford, Thomas, 1 itc, and
Kentucky-Yea:
Ewing.
Louisiana-Yea: Messrs. De Clouet, Conrad, and lilenncr. Nay:
Messrs. Perkins and Marshall.
Mississippi-Yea: Messrs. Brooke and Bradford.
Missouri-Yea: Messrs. Clark, Harris, Conrow, Vest, Freeman, and
Bell. Nay: Mr. Peyton.
Xorth Carolina-Yea: Messrs. Davis, Avery, Venable, Morehoad,
and Davidson. Nay: Nessrs. Ruffin and Craige.
South Carolina-Yea: Messrs. Mcminingcr and I3oycc. Nay : Messrs.
Khett and Barnwell.
Tennessee-Yea: Mr. Currin.
Texas-Yea: Messrs. Wigfall, Waul, and Ochiltroe. Nay: Mr.
Oldham.
Virginia-Yea: Messrs. Seddon, Hunter, Macfarland, Bococli, Scott,
Brockenbrough, and Johnston. Nay: Mr. Pryor.
Yea: Alabama, Kentucky, Louisiana, Mississippi, Missouri, North
Carolina, Texas, and Virginia, 8.
Nay: Arkansas and Georgia, 2.
Divided: Florida, South Carolina, and Tennessee, 3.
SOthe bill was engrossed, read a third time, and the question being
on the passage of the same, Mr. Curry, at the instance of the State of
Alabama, demanded that the yeas and nays of tho whole body be
recorded thereon; which are as follows, to wit:
Alabaina-yea:
MeSsrs. Ilale and McRae. Nay: i\/lessrs. Curry
and Chilton.
Arkansas-Yea : Messrs. Johnson, Thomason, Garland, and Watkins.
Florida-Yea: Mr. Sanderson. Nay: Messrs. Morton and Owons.
Georgia-Nay : R'lessrs. Toombs, Foreman, Crawford, Bass, Wright,
Kenan, and Stephens.
Kentucky-Yea: Messrs. Monroe, Thomas, Elliott, and Ewing.
Louisiana-Yea: Messrs. De Clouet, Conrad, and Kenner. Nay:
Messrs. Perkins and Marshall.

.v%

822

JOURRAL 08 THE

[Feb. 14,1W2.

;l/lissisRippi-Yea: Messrs. Brooke and Bradford.

Missouri-Yea: Messrs. Clark, Cooke, Harris, ( o n r o ~ rVr5t,
,
and
Freeman. Nay: Mr. Yeyton.
North Carolina-Yea: Messrs. Davis, Avery, Veilable, Norehead,
and Ilavidson. Nay: Nessrs. Ruffin and (raige.
South Carolina-Y ea: Messrs. Memminger :mtl I3orce. Nay :
Mcssrs. Bhctt and Barnwell.
Tennessee-Yea: Mr. Currin.
Texas-Yea: Messrs. Wigfall, Waul, and Ochil trco. N a j : Mr.
Oldhani.
Messrs. Seddon, ITnntcr, 3Iacfarlsuid, 13ococ11,
Virginia-Yea:
Scott, Brockenbrough, and Johnston. Nay: Jlr. Pryor.
Yea: Arkansas, Kentuc.ky, Louisiana, Nissi~sippi,JIiw)uri, Sort11
Carolina, Teiincwv, Texas, and Virginia, !I.
Nf~y.:Florida xiid Georgia, 2.
Dir-idccl: Alabauia and South CILrolina, 2.
So thc, bill wns p:
Mr. Il/lc12ac, lronr the Comrnittcc, 011 Jhgrosslrlcnt, iqmrtcd its (orrectly engrohscd and enrollecl
Air act to establish certain post mutes thei*einnamed;
An act supplcniental to an act to p u t in operation the Government
under the permanent Constitution of the Confedcrate States of
America, approved May 21, 1861; arid
An act for the relief of the State of Missouri.
Mr. Perliiiis introduced
A bill rclatiw to the collection of duty on imports during the continnancc of tlic prescirt war.
Mr. Ciiriy, thcl morning hour having espircd, c ~ n l l r df o r the (onsicloratioit of the sprcial ordcr of tho &I>-, :Itid 11r. tc.i.l\i i i \ inorcd to
postporic tho sxiii~,for the 1)nrpose of considering the hill introdiiccttl
by him.
Upon which, at thc, instance of the State of Loiiisiima. hc denrandcd
that the yeas and nays of the whole body he rccordod; wliicli CFC as
follows, to wit:
Alabanu--Nay: A!!cs\rs. Cun*ry, Chilton, I T ~ I P . :ind 3lcIhc.
Arkansas- -Nay : Illcssrs. Johnson, lltoni:t~o~i, (hrl:iid, and
W atlii 11s.
F1orid:t-Yea: h1Llcssi.s. Morton, Sir~ndci~son,
~ i i d
Owctn\.
Georgk - lc:~: Mcssrs. l~orcrrian,Crawiorcl, Kenan, and Stephens.
Ntiy: M ~ s > r sloonrhs,
.
lhss, and Wright.
-S:ty: Rlchsrs. Moitroe, Elliott, and h7i11g.
- Yca: Messrs. Perkins and ,Marshall. Kay: ;\I
De ClOllCl, Con1*:td, and Ke11t1cr.
Mishissippi --S:iy: ssrs. Broolte :~ndI h d f o r d .
BIiswiri--Yc:L: A 1
s. Clark arid Vest. Say: 1fcssrs. Ic.yton,
Harris, and I3t.ll.
North Carolin:i--Yc~:i: nlr. Kuflin. K:ty: i \ l u a s r ~ . I h v i b , A i ~ r y ,
Venablc,, Morchcad, wid 1 1 :idson.
~~
South (!:iroliii:i--Teit: Mr. illictt. Kay: Messrs. 13arnw11, Menixningcr, atid 1Soyce.
Icnnessec--Yea: Mr. Currin.
Tcx:~~--Yca: Messrs. W21111 and Oldham.
Virgiliia-Yea: Mr. I3ocock. Nay: Messrs. Seddon, Hunter, Macfarland, Pryor, Scott, Rrockcnbrorigh, Russell, and Johnston.

l.( 1, 1 I, I X C ?

PROVISIONAL CON

Yea: Florida, Georgia, Tennessee, and Texas, 4.

SRY:Alabama, Arkansas, Kentucky, Louisiana, Miss
houri, S o r t h Carolina, South Carolina, and Virginia, 9.

So the motion to postpone did not prevail.

M r . Bhett moved that Congress proceed to the consider&ion of the
report of the Committee on E lag and Seal.
Tlic motion was agreed to;
'\Then.
, That i t is proper that the decision of a flag for the permanelit G
f t to the Chngress under that &vernment about to assei>ible.

Ant1 tlic q u e d o n being upon agreeing to the same,

XI.. Mortori, at the instance of the State of Florida, denlanded that

the yeas and nays of the whole body be recorded thereon; .which a r e
follows, to vit:
Alttba111a- -Pea: I\le~srs. Chilhon, Hale, and McRae. Nay: Mr.
C11rl-y.
Aykansas-Yea: Messrs. Thomason, Garland, and Watkins. Nay:
Mr. ,Johnson.
I2lorida-Yea: Messrs. Morton and Owens.
Georgia-Yea: Messrs. Toombs, Foreman, Bass, Hill, Wright, and
Stephens. Kay: Mr. Kenan.
Kentucky-Y ea: Messrs. Monroe, Elliott, and Ewing. Nay: Messrs.
T~OIH;LH
and White.
Loui4ana-Yea: Messrs. De Clouet, Conrad, and Marshall. Nag:
31essr.s. Perliins and Kenner.
Mississippi--l;ay: Messrs. Brooke and Bradford.
Messrs. Peyton, Harris, Conrow, Freeman, and
Missouri-Yea:
13ell. XRY: Mr. Clark.
North Carolina-Yea: Messrs. Davis, Avery ,Venable, Morehead,
and Davidson. Xay: RIr. Euffin.
South Carolina-Yea: Messrs. Barnwell and Memminger. Nay:
Messrs. Rhett and Boyce.
Tennessee-Yea: Mr. Currin.
Texas-Yea: 31r. TI7aul. Nay: Messrs. Wigfall, Oldharn, and
Ochiltree.
M r . Macfarland. Nay: Messrs. Seddon, Pry or,
Virginia-Yea:
Scott, Brockenbrough, Russell, and Johnston.
Yea: L41abama,Arkansas, Florida, Georgia, KcntuekF, Louisiana,
Missouri, North Carolina, and Tennessee, 9.
Say: Mississippi, Texas, and Virginia, 3.
Divided: South Carolina, 1.
So the resolution was adopted.
3lr. Waul offered the following resolution:
as

R ~ ~ s o l v c That
d,
in the opinion of this Congress it is not rlecessary that the appointment of cadets should be with the advice and consent of Congress.

And the question being upon agreeirig to the Same,

MY.'I'honi;tson, a t the instance of the State of Arlansas, dmmnded
that the yoas 2nd nays of the whole body be recorded tliereon; which
are as follows, t o wit:
Alabama-yea: Messrs. Curry and McRae. Nay: Messrs. Chilton
and Hale.
Arkansas-yea: Messrs. Johnsonand Garland. Nay: Mr. Thomason.

JOURNAL OF THE

824

[Feb. 14, 1862.

Florida-Yea: Mr. Sanderson. Nay : Messrs. Morton and Omens.

Georgia-Yea: Messrs. Toombs, Wright, and Stephens. Nay:
Messrs. Bass and Kenan.
Kentucky-Yea:
Messrs. Monroe and Thomas. Nay: Messrs.
White arid Ewirig.
Louisiana-Yea: Mr. Conrad. Nay: Messrs. Perkins, De Clouet,
and Marshall.
Mississippi-Yea: Mr. Brooke.
Missouri-Yea: Messrs. Harris, Conrow, Vest, and Freeman. Nay:
Mr. Bell.
North Carolina-Yea: Messrs. A w r y , Venrible, Norehead, and*
Davidson. Xay: Mr. Buffin.
South CarolintL--Yea: Mcs~rh. I%:~r~iwcll
:ind Mcniniinger. Nay:
Messrs. Rhett and Uoycc.
Tennessee--Yea: Mr. Currin.
Texas-YGL: Messrs. Waul, Oldhain, and Ochiltree.
Virginia-Yea: Messrs. S d d o n , Macfarland, Scott, and Brockenbrough. Nay : Messrs. Russell and ,Johnston.
Yea: Arkansns, Georgia, Mississippi, Missouri, North Caroliua,
Tennessee, Texas, arid Virginia, 8.
Nay: Florida and Louisiana, 2.
Divided: Alabama, Kentucky, snd South Carolina, 3.
So tho resolution was ugrccd to.
Mr. Ochiltree moved to take up for coilsideration from the Calendar
A bill to establish certain judicial districts, and to provide for
courts of the Confederate States therein.
1 he motion was :tgrcccl to.
And tlic iiiiitli section of tho hill h i n g under conhidcr:btion. which
refers to the tinic. f o r lioldirig coiirlb,
Mr. 'I'hoinason riioved to :ir-ric\ndby striking out.
And upon mhicb, :it tho instance of the Stat(? of Aylmisas, he
demanded th:it the yc:ts and nays of the whole body be recorded;
;which arc as follows, to wit:
R l a b ~ -Nity
l ~ : MOSSI.S.Cliiltou, >ilc,:irtd h l ( ; K t ~ ~ .
Arl<:Lnsas- Yra: Mr.'l'holn:~~on. Nay: M
.,Jolinson and \l.':~tltins.
Florid>t-Ni~y: M~SSYS.
Mo~toIi,8 : d c r s
Poreni:~iiand Crswford.
Georgia --Nay: Me
I<cntuel;y - 1'~: Mess~s.Ford and Ewing. Nay: Mr. MonroP.
Louihiiin:L---Y o:~: Mr. i'crliins.
Nssoiiri-Ycx Mi.. Conrow. Nay: Messrs. Ilarris and Freeman.
North Ctiroliim - Nay: Messrs. Davis, Avery, RufEn, Venable, arid
Morcliead.
South Carolina - Tea: Mr. Rhett. Nay: Messrs. Barrimcll and
Mcnimingw.
Tciiricssce--N:ty: iklr. Currin.
'L'exas--u"ty : XI(
. Wigfall, Waul, Oldhani, and Ochiltwe.
Vir inia-Nay : Rlessrh. Scddon, Maofarland, Scott, and Brockcnloroug 1.
Pea: Rcntucky and Louisi:tna, 2.
Nay: Alabamt, Rrliansas, Florida, Georgia, Missouri, North Cttro..
h a , South Caroliii:t, Tcnnessce, Texas, and Virginia, 10.
Not voting: Nississippi, I.
So the airrendrnent 'was lost.
And section 10 being under consideration, which refers to offenses
cognizable in the courts,
r 7

9
s
.

Fcb. 14,1862.1

PROVISIONAL OONGIRESS.

825

111~.Brockenbrougli moved to amend by striking out the words ( 6

sentinent or information of the district attorney and inserting in leu
thereof the words presentment or indictment of a grand jury.,,
Tbe amendment was agreed to.
And the bill was engrossed, read a third time, and passed.
And the title to the same, on motion of Mr. Monroe, was amended
by striking out the words certain, districts, and to provide for,
and .of the Confederate States therein and to insert in lieu thereof
the words in certain Indian Territories.)
Mr. Toolnbs moved that Congress proceed to the consideration of
A bil! to provide for raising and organizing, in the State of Missouri,
additional forces for the Provisional Arniy of the Confederate States;
which was returned to Congress with the veto of the President.
The motion was agreed to.
And the question being,
Shall the bill pass, notwithstanding the veto of the President?
The yeas and nays of the whole body were recorded thcreon, and
are as follows, to Fit:
Mr. Kale. Nay: Messrs. Chrry, Chilton, and
Alabama-Yea:
McKae.
Arkansas-Yea: Messrs. Johnson and Thomason.
Florida-Yea: Messrs. Morton and Owens.
Georgia-Yea: Messrs. Toombs, Bass, and Kenan. Nay: Messrs.
Foreman and Crawford.
Kentucky-Yea: Mr. Monroe.
Louisiana-Yea: Messrh. Perkins, Conrad, and Kenner. Nay: Mr.
Marshall.
Mississippi-Nay : Mr. Brooke.
Missouri-Yea: Messrs. Clark, Pepton, Cooke, Harris, Conrow,
Vest, Freeman, and Bell.
North Carolina-Yea: Mr. Morehead. Nay : Messrs. Davis, Venable, and Davidson.
South Carolina-Yea : Mr. Rhetl. Nay : Messrs. Rarnwell and
Memminger
Texas-Yea: Mr. Waul. Nay: Mr. Reagan.
Virginia-Yea: Messrs. Macfarland, Bocock, Scott, Broclcenbrough,
and Russell. Nay: Mr. Seddon.
Yea: Arkansas, Florida, Georgia, Kentucky, Louisiana, Missouri,
and Virginia, 7.
Nay: Alabama, Mississippi, North Carolina, and South Carolina, 4.
DiT-ided: Texas, 1.
Tennessee, 1.
;:tLG%vas
lost.
Mr. Harris of Missouri moved to reconsider the vote just taken.
Mr. Curry moved to take up for consideration
A bill concerning the pay and allowances due deceased soldiers.
The motion was agreed to.
And the bill being under consideration, Mr. Hale moved to mmnd
as follows, to wit, by striking out the words written order Of) and
inserting in lieu thereof the words upon the pay roll I I d e out and
certified by thc captain.
And also to strike out directed to said paymaster or proper o&er
as aforesaid, which order ) and to insert in lie! thereof which Pay
roll, and to strike out the word order and insert Pay roll.

Ye-

826

JOURNAL O F THE

[Felo. 14,1862.

Also, to strike out the words name of the party entitled t o such
pay and allowance, and in case tlic order shall be given to the agent,
attorney, or guardian of such person or persons, the name of such
agent, attorney, or guardian, together with the, and to strike out the
word order, where i t occurs again, and insert pap roll.
The amendments were ngrrcd to.
And the bill as amended was engrossed, read third timc, and passed.
Mr. Brockenbrongh moved to take u p
A bill regulating the fees of clerks, and for other purposes.
The motion was lost.
Mr. Kenan m ow d that the Co~igrc do n o w adjourn.
The motion did not prevail.
Mr. Conrad introdumd
A bill to reliiiquiHh any claim on the part of tlw Oovernment to any
share in any prizes;
which was read first :mi s,cvond timcs, engrowd, rend third time, and
passed.
On mulion oi MY. Toonibb,
Congress adjourned until 11 oclocli R . 1x1. t 0-inorrow.
1 ~ ~ X X Y ~ J TsEsSIoh-.
IV~~

Congress boing in executive session,

The following message was received from the President; which mas
read and referred to the Committee on Military Affairs:
RI(~IIJIONI),
Febebncury 14,1662.
I norniniite tlic offit
names, respectively, agrc
J 121WISRSOlr [),I VJ S.
(C)I<lH 01 1

8e( OWE I ~ P U ~ C I LI II tI5.

W. G. Robinson, of Vorlli C:
, to t:ikci iank I I m ~ l i16, 1861; Frank Hnger,
of South Carolina, to t;tltr. ran1
11 l(i, IS(i1; k i 1 I: I). Riley, of -.
to take
ratik Pv1arc.h l f i , 1861; Ilaroltl 1
1, of i\rlranw~,to titkc, rank 1f:ircli 16, lS(i1 ;
Seorye A . Tlrornton, of Virginia, to take rniik &Iiirch 16, 1861; Oliii V. llict., of Kentucky, to take rank March 16, 1861 ; John \i
Lea,
. of PlIississil)pi, to trtlrc raiik 11Iardl
16, 1861; W. 11. Browne, of Virginia, to take r a n k Marcli 16, 1861; Gcorgt. 8. Lovejo , of Korth Carolirix, to take rank Pliarch 16, 1861; Jariier ilearing, of \irginia, to
tare rank M ~ r c l 16,
i 18G1 ; .Iolrn A . West, of Georgia, to take rank March 16, 1861;
Ste h e n A . Moreno, of Florida, to take rank March 16, 7861 ; Horace .
)I Tnyrnan,
of hrginia, to t a k e rail< i b r ( ~ 1lti,
i 1 S N ; 1Cbcw.m- 31cE. I-Low, of Tennessee, to take
hingtori, of &lxrvlancl, to take rank March 16,
, to take rank Rcpteiiibcr 21, lS6l ; Ed. Powell, of
rclr 18, 1861; W. IT. Porter, of South Carolma, to take rank
ikwriw, of llistrict of Coluiubia, to take rank April 10, 1861;
take rank April 10, 1861; ILicliard C brifkith,
of Mississippi, to tali(. rank Api,il 10, 1861; John IJirney, of Alabama, to take
rank April 10, 1861; IV. IV. 15ckc11, of A l a ~ ~ a r ito
~ ~take
i,
rank April 10, 18(
W. 6. Arclier, of Viigiiiia, to t;ilrc> rank April 10, 1801; Arthur Cliiyton, of Miss
sippi, to take rank April 15, 1801; Charlrs $1. Hooper, of Alabama, to take rank
April 17, 1861; J o h n \V. Cooper, of A\labmia,t o t r t k raiik April 17, 1861; J o h A.
Keith, of South Carolina, to take lank April 20, 1861, IIaller It. Bullock, of Kentucky, to take rank April 25. 1SGl; Cliarles A. Foisyth, of District of Colunlbia, to
takc ratlli April 26, 1861; T. \V. Blount, of Texas, to take rank April 26, 1861;
Thomas T. Grayson, of Mississippi, to take rank April 26, 1861; Isaac IIyams, of
Louisiana, to take rank April 27, 1861; William I?. \\ithers, of Mississippi, to take
rank April 27, 1861; Robert A. Talley, of Viiyinia, to take rank May 18, 1861; T.

Feb. 14,1862.1

PROVISIONAL CONGRESS.

Spaulding JlcIntosh, of Georgia, to ta

to take rank May 18, 1861; Thomas

of Virginia, to take rank July 16, 1861; E. G. Mohler, of Virginia, to take rank July
16, 1861; 13. F. Bishop, of Virginia, to take rank July 16, 1861; G. A. Henry, jr., of
Tennessee, to take rank July 19, 1861; Charles H. Brown, of -,
to t a k e rank
July 19, 1861; William V. Taylor, of Virginia, to k k e rank July 19, 1861; Johnson
Ifagood, of , to take rank July 19, 1861; R. 8. Chambers, of Georgia, to take
rank July 19, 1861; Thomas I<. Fauntleroy, of Virginia, to take rank July 19, 1861;
John D. Yayne, of , to take rank July 19, 1861; James M. Mason, jr., of Virginia, to take rank July 19, 1861; C. L. Jackson, of Mississippi, to take rank July
19, 1861; H. S. Dural, of , t o take rank July 19, 1861; W. W. Revely, of
, to take rank July 19, 1861; Lawrence L. Butler, of Louisiana, to take rank
July 19, 1861; L. $1. Butler, of Florida, to take rank July 19, 1861; S. I.. Adams,
of , to takc rank July 19, 1861; Henry Bryan, of Virginia, to take rank September 4, 1861; Thomas J. Clay, of Icentucky, to take rank September G, 1861;
James Bon-les,of Keritucky, to take rank September 9,1861; Robert Grant, of -,
to take rank September 18, 1861; John F. lladd, of , to take rank September
21, 1861; P. L. Burwell, of iirginia, to take mnk Scpteniber 23, 1861; It. M. IIooe,
of Virginia, to take rank September 24, 1801; M. I). l,yon, of Alabama, to take
rank October 2, 1861; Charles S.Morgan, of Virginia, to take rank October 5 , 1861;
TValter G. Turpin, of Virginia! to take rank 0etobt.r 7, 1861; George &I.li:mack,
of Narpland, to take rank October 8, 1961; W. E. Cutshaw, of Virginia, to take
rank October 31, 1861; E. E. Portlock, jr., of -,
to take rank November I,
1861; W. G. Bonner, of Louisiana, to take rank November 4, 1861; John J. Clarke,
of _ _ , to take ranlr Koyember 6,1861 ; C . W. RlcT)onald, of Virginia, to take rank
Kovember 7, 1861; \Ir.Eugene Webster, of nlaryland, to take rank November 8,1861 ;
James &I. Garnett, of -,
to take rank Kovember 9, 1861; D. Callihan, of Louisiana, to take rank Norcmber 11,1861; Frank .Tones, of
,to take rank Kovember
16, 1861; J. B. Eussell, of South Carolina, to take rank Kovernber 19, 1861.
The Chair presented the following iiiessagefrom the President, n0m~

inntiIlg officers in the Army of the Confederate States:

RICHMOND,
February 14, 1869.
To the Congress of the Confederate States:
I llominate the officers on the accompanying list to the rank affixed to their names,
respecti\Iely, agreeably to the recommendation of tho Secretary of War.
JEFFERSON DAVIS.

828

[Feb. 15, 1862.

JOURNAL O F THE
CORPS OP AXTILLEKY.

n r s t lieutenant.

H. B. Lyon, of Kentucky, to take rank March 16, 1861.

Second lieutenants.
Nathaniel R. Chambliss, of Tennessee, to take rank March 16, 1861; Clarence Derrick, of , to take rank March 16, 1861; William B. Jones, of Virginia, to take
rank March 16, 1861; John J. Garnett, of Virginia, to take rank, March 16, 1861;
Paul F. Faison, of North Carolina, to take rank March 16, 1861; I%. H. Logan, of
Virginia, to take raiik March 16, 1861; Zaddock T. Willett, of Tennessee, to take
rank March 16, 1861; Alexander D. Moore, of North Carolina, to take rank March
16, 1861; William F. Niemeyer, of Virginia, to take rank March l G , 1861; James 1.
Parker, of MiSsouri, to take rank March 16, 1801; David G. White, of Ilaryland, to
takerankMarch 16,1861; George 0. Watts, of Kentucky. to take rank March 16, 1861;
Jose h A. Alexander, of Georgia, to takerank March 16, 1861; TVillib Wilkinson, of
S o u t i Carolina, to take rank April 20, 1861; Franklin l3. 1111 Barry, of , to
take rank April 26, 1801; L. Jaquelin Smith, of Virginia, to take rank Septernber
28, 1861; Charles Richardson, of Virginin, to take rank October 7, 1861; Mardial1
MilcDonald, of Virginia, t o take rank October 9, 1861; James A . Bryan, of Korth Cnrolina, to take rank October 12, 1861; James Ker, of Virginia, to take rank Novcmber 5, 1861; R. L. Poor, of District of Columbia, to take rank Novcmber 6, 1861;
A. J. Hartley, of Texas, to take rank February 13, 1862.
CORPS O F CAVALKY.

Fimt lieutenant.

William H. Jackson, of Tcnnessee, to take rank March 16, 1861.

Second

1ieuteticmt.q

Mathis W. Henry, of Kentucky, to take rank illarch 16, 1861; J. T. TV. Hairston,
of Mississippi, to take rank April 5, 1861; John I:rxtllcy, of T c x a ~ ,to take rank
March 30, 1861.

The nominations were referred to the Comniittce on Slilitzlry Afhirs.

Congress then resumed business in legislative session.

SEVENTY-FIRST DhY--SRTlJEtZI)AY,

FEliltUAI<Y

15, 1862.

OIEN SESSION.

Congress met pursuant to ;djournuie+ :Lnd was opeticd with prayer

by tho 1k:v. Mr. ISrown.
Congress then resolved itself into secret session.
SECRET SESSION.

Congress being in secret session,

Proceetlcd to the consideration of the imfinished brxsincm of the
morning ELOLII, wliich was tha consideration of the bill introduced
by Mr. Ierltins relative to the importation of articles during the
continwince of the present war;
When,
Mr. Kenner offcrcd thc following resolution:
lieuolocd, That tlie consideration of the Fubject of the collcction of duties during
the existmice of the present war be postponed, inasmuch as it is a subject proper to
be considered by the Congrcss under the permanent ConstiCution.

Feb. 15, lQ62.1

829

PROVISIONAL CONGRESS.

Ipo11 which Mr. Ochiltree, at the inshiice of the State of Terns

denlanded that the yeas and nays of the whole body be recorded
thereon; which are as follows, to wit:
Alabama-Yea: Messrs. Curry, Chilton, Hale, and McRae.
Arkansas - Yea: Messrs. Johnson and Watkins.
Florida--Say : Messrs. Morton, Sanderson, and Owens.
Georgia-Yea: Messrs. Toombs, Hill, Wright, and Kenan. Nay:
Mtssrs. Foreman, Cramford, Bass, and Stephens.
Ihntucky-Yea: Messrs. Monroe, Johnson, Ford, Thomas, Elliott,
and Ewing.
Louisiana-Yea: Messrs. Conrad and Kenner. Nay: Messrs. Perkins and Marshall.
MIi.;sissippi-Yea: Mr. Brooke.
M issouri-Yea: Messrs. Peyton, Harris, Conrow, Freeman, and
Bell.
North Carolina-Yea: Mcssrs. Davis, Avery, Tenable, Morehead,
and Davidson. Nay: Mr. Ruffin.
I
South Carolina-Yea: Messrs. Barnwell, Memminger, and Boyce.
S a y : MY. Rhett.
Tennessee-Nay: Mr. Cumin.
Texas-Nay : Messrs. Waul, Oldham, and Ochiltree.
Virginia-Yea: Messrs. Seddon, Macfarland, Pryor, Scott, Brockenbrough, Russell, and Johnston. Nay: Mr. Bocock.
Yea: Alabama, Arkansas, Kentucky, Mississippi, Missouri, North
Carolina, South Carolina, and Virginia, 8.
Nay: Florida, Tennessee, and Texas, 3.
Divided: Georgia and Louisiana, 2.
So the rcsolution was agreed to.
Mr. Harris of Missouri moved that Congress roceed to the consideration of his motion to reconsider the vote on t e passage of
A bill to provide for the raising and organizing, in the State of Missouri, additional forces for tho Provisional Army;
which was returned with the veto of the President, and lost.
Mr. Curry rose to a point of order, viz, that the motion of Mr. Harris mas out of order, the bill having already been reconsidered.
The Chair sustained the point of order, from which decision Mr.
Clark appealod.
And the question being,
Shall the decision of the Chair stand as the judgment of the House?
Mr. Clark, at the instance of the State of Missouri, demanded that
the yeas and nays of the whole body be recorded thereon; which are
as folloas, to d t :
Alabama-Yea: Mcssrs. Curry, Chilton, and McXac. Nay: Mr.
Hale.
Ar*hnsas-Yea: Mr. Watkins. Xay: Messrs. Johnson, Thornason,
and Garland.
Florida-Nay : Messrs. Morton and Sanderson.
Georgia-Yea: Messrs. Howell Cobb, Foreman, Hill, Wright, and
Kenan. Nay: Messrs. Toombs, Crawford, and Bass.
I<entuclcy--llea: Messrs. Johnson, Ford, Thomas, Elliott, and
Ewing. Nay: Mcssrs, Monroe and White.
Louisiana-Yea: Nessrs. Dc Clouet, Kenner, and Sparrow. Nay:
Messrs. Perkins, Conrad, and Marshall.
Mississippi-Hay : Messrs. Brooke and Bradford.

830

JOUXXAL OF THE

[Feb. 75,1862.

Missouri-Nay : Messrs. Clark, Peyton, Cooke, Harris, Conrow,

Vest, Freeman, and Bell.
North Carolina-Yea: Messrs. Davis, Awry, Venable, Morehead,
and Davidson.
South Carolina-Yea: Xessrs. Barnwell, Mcmminger, and Royce.
Na : Mr. Rhett.
Jennessce-Yea: ~ r Cumin.
.
Texas-Yea: Messrs. Waul and Ochiltme. Nay: Mr. Oldham.
Virginia-Yea: Messrs. Seddon and Bocock. Nay: Messrs. Macfarland, Pryor, Scott, Rrockcn hrongb, R~issell,and JohnF;toii.
Yea: Alabama, Georgia, Kentucky, North Carolina, South Cnrolina,
Tennessee, and Texas, 7.
Nag: : Arkansas, Florida, Mississippi, Missouri, stud Virginia, 5.
Divided: Louisiana, 1.
So the clwision of the Chair W:IS siishined.
A message was received from thi. Prcsidont, by the hands of hid Private Secretary, Mr. Jossclyn, informing Congress that the President
has this day approved and signcd
An act to establidi corktin post routcs thercin nanied; also
An act supplemental to a n act to put in operation the Government,
tinder the permanent Constitution of the Confederate States oi
America, approved BIay 21, 1861.
The Chair presented a nicssage from the President; which was read,
and, together with the accompanying documents, ordered to be printed,
and is as folloivs, to wit:
IITIVE nEIAI<TMEYT,

!?ich?tLot?t!,

3)the hono~rclilrIr.c.srtl
In respoiiso t o t l i c IY
with transinit c o i i i i i i i i i

>(

Frbmrrwy I,:, 1869.

(oiigr.c.m ;ttlol)fccl on tlrc 10111 i

t l r c x q ) w t i \ c I ) C ~ L tiriviit5,
I
e

,111

irrloriircd 1)y t l w Swrt.tary of \V:u tllaf so pc,at

)n h i h I>cp:wtmeiit that ha has ilot hnd t i i i i c a s y e t
ircd, but Mill (lo *o at his earliebt opportunity.
JEFFISNBON DAVIS.

M r. Oldhani, from thc Coinniibteo on I~hgi~)i~iricnt,

reported as coi-rcctlp engi*ossccla iicl enrol 1ed
An act to iiitilic approi)ri;ition5 for the, ospcii5es ol Govcrnnient in
the Icgisl:Ltivc, cxeciitiv(>, and jaclici:d dcpartinents froni the 18th
Fcl)i*a:iryt o tho Lht April, tX(iB, :nid for other purposes; mid
An avt to c o n i ~ w r i ~1)illon
t c ~ .Jor*tlan :tiid I?. Glacknieyer f o r services
rentlcretl tlic. (h\wrnmont.
On motion of A1 r. l)ryor, Congiws then proceeded to the consideration o f
h bill to pl.ovidc for gI:tnting iut~loughsi n certain cmes;
whivli had I)CC\IIwtnrnccl with tlir w t o of the Prcsidont.
And the q w s t i o n lwing,
8hdl tlic bill pah-, iwtwithstmiditig 1he w t o of the President?
The yeas and nays of tlic \\*holebody wcrc rccordcd thcreon; which
are as follows, to wit:
Aial)amtl-Yea: &I(wws. Curry :uid ale. h a y : Xessrs. Chilton
nnd Mcltw.
Arkansas- Yea: A h rs. Ihotiinson and Garland. Kay: Mr.
rJOhllbc~II.

liloi*idn--Yc~L:Messrs. Morton, Sandcrsnn, a n d 07jYens.

(;eoi-gi:i Yca: Messrs. r o ~ n ~Crawford,
l~,
Bass, Hill, Wright,
Kenan, nnd Stepheus. Nay: Mr. Foreman,

Pcb. 15. 1862 ]

IROVlSIONAL CONQRESS.

Kentucky-Yea: Messrs. Xon

Loui4ana-Yea:
Messrs. P e r
L)e Clouet, Conrad, Kenner, and S arrow.
&1iSSiSSippi-&y : &ssrs. Rroo e and Bradford.
&hSouri-Yea:
Messrs. Clark, Cooke, Vest, and ]Bell. Nay: 3fessrs.
IIarris and Conrow.
North CarOlina-Yea: Messrs. Avery, RUED, yenable, Morehead,
and Davidson. Xay: Mr. Davis.
South Carolina-Yea: Xessrs. Rbett and Boyce. Nay: Messrs.
Karnwell and Memminger.
Tcnnessee-Yea: Mr. Currin.
Texas-Yea:
Mr. Oldham. Nay: Messrs. Reagan, maul, and
Ochiltree.
Virginia-Yea: Messrs. Macfarland, Pryor, Rococlc, Rives, Scott,
and Rrocken brough. Nay: Messrs. Seddon, Russell, and Johnston.
Yea: Arkansas, Florida, Georgia, Kentucky, Missouri, North
Carolina, Tennessee, and Virginia, 8.
Nay : Louisiana, Mississippi, and Texas, 3.
Divided: Alabama and South Carolina, 2.
So the bill was lost.
Mr. Bocock moved that a committee of three be ap ointed to wait
on the President to inform him that Congress had reso w d to adjourn
on Xonday at 12 m., the 17th proximo [instant], a n d to ascertain if he
had any furthei communications to make to the Congress.
The motion was agreed to, arid the Chair announced as the committee Messrs. Bocock of Virginia, Sanderson of Florida, and Johnhon of Arkansas.
A message -was received from the President, by the hands of his
P r i m t c Secretary, M Y . Josselyn, informing Congress that the President has this day approTed and signed
A n act for the relief of the State of Missouri.
Mr. Oldham, from the Committee on Engrossment, reported as correctly cngrossed and enrolled
An act to establish judicial courts i n certain Indian Territories;
An act to fix the rank of certain officers;
A11 act to relinquish anj- claim on the part of the Government to any
share i n certain prizes;
An act to authorize and proridc for the organization of the Maryland Line;
An act appropriating the sum of $1,110.22 for the relief of the
Mobile and Great MTestern [Sorthern] Railroad Company, being the
difference between 3 5 and 24 per cent duty on railroad iron paid at
Pensacola, in May, 1S61;
Resolution in relation to payment t o disbursing clerk of appropriation for the removal of the sent of government; and
An act to fix the rank of certain officers.
Mr. Bocock, from the committee appointed to wait upon the President, etc., reported that the corninittee had performed the d.ty assigned
theul; that the President had inforrncd thc committee that he had no
further collln1unicatiolls for the Congress, save to retuln with his
approval and signature sundry bills passecl-hy tho Co1lgress; thnt 1~
desired through the coiiimittee t o return to the Coiig:ress his acknodedgmellt of the niise and patriotic spirit which had marked 811 their
legislatiye action, and which had greatly facilitated his efforts in the

832

JOURNAL OF THE

[Feb. 15,1862.

administration of the Government,, and that he tendered to the members collectively and severally his sincere wishes for their future and
permancnt welfare and happiness; which was agreed to.
Congress then resolved itself into executive session; and having spent
some time therein, again resolved itself into legislative session.
Mr. McBae, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to establish judicial courts in certain indian Territories.
A message was received from the President, by the hands of his
Private Secretary, Mr. Josselyn, informing Congress that thc President has this day approved and signed
An act to make appropriations for the expenses of Government
in the legislative, executive, and judicial departments from the 18th of
February to the 1st of A ril, 1862, and for other purposes;
An act t o authorize an (P provide for the organization of the Maryland Line;
An act t o relinquish any claim on the part of the Government to
any share in certain prizes;
An act to fix the rank of certain ogcers;
An act ap ropriating the sum of $1,110.22 for the relief of the
Mobile and reat Northern Railroad Company, being the difference
between 15 and 24 per cent duty on railroad iron paid at Pensacola, in
May, 1861; also
A resolution in relation to payment to disbursing clerk of appropriation fol removal of the scat of government.
MY. Stephens movcd that whcn Congress adjourn to-day it adjourn
to mect at 10 oclock a. in. on Mond:Ly next.
The rnotion was agreed to.
Congress then resolved itself into cxccutiw scssion ; nncl having
spent some time therein, :ipin resolved itself into logislativc session.
Mr. Oldham, from the Committec on Engrossment, reported as corrcctly engrossed and enrolled
An act to prorido for an increase of the Quartermaster and Commissary Departments;
An act concerning the pay and allowances due to deceased soldiers;
and
An act to providc for the connection of the railroad from Selma, in
Alahrna, to Meridian, i n Mississippi.
A rtiessagc, was reccircd from the President, by the hands of Mr.
IIooper, Secretary of thc Congress, informing Congress that the Iresiderit of the Confedcrate States has this day signed and approved the
following acts:
An act to providc for an increase of tho Quartermaster and Commissary Dcpartnients;
An act cwncwning the pay and allowanccs [due] to deceased soldiers;
An act to providc for the connection of thc railroad from Selma, i n
Alabama, to Meridian, in Mississip i;
An act to compensate Dillon Jor iran and F. Glaclmieyer for services
rcndered the Govcrnmcnt; and
A n act to establish judicial courts in certain Indian Territories.
On motion of Mr. Monroe, Congress then proceeded to tho consideration of the special order of the day; which was the consideration of

PROVISIONAL CONGRESS.

bill to amend an act to authorize the President to inflict retaliation

upon the ~~ersolls
of prisoners, a proved August 30, 1861.
A rid the question being upon t e engrossment of tile bill,
,\f 1. ;c/lOnrOe, a t the instance of the State of Kentucky, demanded
that the yeas and nays of the whole body be recorded thereon; which
arc :ih follows, to wit:
Alabama-Yea: Messrs. Curry, Chilhn, Hale, and McEae.
Arkansas-Yea: XiIcssrs. Johnson and Garland.
Norida-Yea: Blessrs. Morton, Sanderson, and Owens.
(;coi-gia-yea: hfessrs. Toombs, Howell Cobb, Foreman, Crawford,
ISas~,and Hill.
Kentucky-Yea: Messrs. Monroe and Johnson.
Louisiana-Yea: illessrs. Parkins, Dr Clouet, and Kenner.
,Ili&sippi-Yea:
Messrs. Brooke and Bradford.
,Ilissouri-Yea: Blessrs. Peyton, (hoke, Conrow, Freeman, and
1SCll.
Sorth Carolina-Yea: Messrs. Avery, Morehead, and Devidson.
South Carolina-Yea: M r . Boyce.
Tcnnessee-Yea: Mr. Currin.
Texas-Yea: Mr. Waul.
Virginia-Yea: Messrs. Scddon, Macfarland, Pryor, Brockenbrough,
Itiirsell, and Johnston.
Yea: Alabama, Arkansas, Floricla, Georgia, Kentncky, Imiisiana,
Jlihsissippi. Missouri, North Carolina, South Carolina, Tennessee,
Texas, and Virginia, 1 3 .
So the bill was engrossed, read a third time, and passed.
Jlr. Perkins, from the Chnmittee on Printing, reported and recomnicnclcd the passage of
A bill to alnend an act to provide for thc safe custody, printing, and
puhlicatioii of the laws, and to provide for the appointment of an
:dditional clerk i n the Department of Justice, approvd August 5,

1Xtil;

hich

Was

read first and second times, engrossed, r e d

third time,

nnd passed.

Slr. Perkins introduced

A bill to establish a passport ofCice;
lvhich mas read first and second times;
\V hen,
Afr. Hill moved to postpone indefinitely the further consideration
of the same.
The motion to postpone prevailcd.
A message was received from the President, by the hands of his
41.iI-ate Secretary, Mr. Josselyn, informing Congress that the President has this day approved and b i p e d
to alter and anlend an act entitled An act for the sequestraLln
tioil of the estates, property, and effects of alien Ciieinies, and for
iti(jenlnjty of citizens of the Confederate States and persons :tiding the
halrle in the existing mar with the United States, ap1oVcd Allgust
30, 2861.
&jr.Ilowell Cobb moved to take up from the tahk for consichation
Lk hill to provjde for the preservation and futur.cl puk)licatioll of
the ,Journals of t h e Provisionnl Congress and the Pl*OCfiditlgs Of the
convention which framed the provisioaal and perlnanent C)OnStitutions*
The motion prevailed.
c

I-VOL

1-04-53

JOURNAL O F THE

884

[F?l>. 15, 1862.

And the bill was taken up, engrossed, read a third time, :tnd passcd.
Mr. Howell Cobk, introduced
A bill to authorize the lithographing of the Coristitulion of the Confederate States of America, with the signatures thereto, and to proridc
for the distribution of the same;
which mas read first and second times.
Mr. Brooke moved to amend by adding at the end of the bill the
following words, to wit: a d that one copy be furnished to each
member of the Provisional Congress.
The amendment was agreed to.
And the bill %samended was engrossed, read a third time, and passed.
. Mr. Ochiltree moved to take up from the tablc f o r consideration
A bill to amend a11act to fix the pay of the nienibers of Congress of
the Confederate States, app~ovedMarch l l , l 8 G 1 ;
which was agreed to.
And the bill being under consideration, Mr. Crawford moved to
lay the bill on the tuhle, and upon which motion, a t the instance of
the SttLte of Georgia, h e demanded that the yeas and nays of the
whole body be recorded; which are as follows, to wit:
Alabama-Yea:
Messrs. Curry, Chilton, and Hale. Nay: Mr.
Mc Rae.
Arkansas-Yea: Messrs. Johnson and Garland.
Florida-Yea: Messrs. Morton and Omwis. Nay : Nr. Senderson.
Georgia--Yea: Messrs. Toonibs, Howell Cohb, Foreman, Crawford,
Bass, and Hill.
Kentncliy -- Yea : MY. Monroc.
Louisiana- -Yea: M i . . lerkins. Nag : Mi.. Conrad.
Mississippi -Nay: BZr. IErookc.
Missouri-Nay : Mews. It>ytoii, @001w, ITwri 5, Conrow, and
Freeman.
Noith Carolin:+--lc~: Mr. Ihvis. Nay: AIcssrs. Avery, Morehead, i ~ n dT)~vidson.
South Carolinti- Yea: Mr. 13ojcc.
-N:iy: 311,.Currin.
y : ~ I C S S Y S .W a u l awl Ochiltrcv.
Virginia---N:ty : &l rs. Scddon, i\llticfarlancl, Pryor, Brocken.
brough, Russel I, tind tloh ns ton.
Yca: hlabnma, Arkmibab, l~ylorid:i,Gcorgia, Kentiic.ky, and South
ippi, Miswuri, Berth Carolina, Tcnnessce, Texas, and
IXvidtd: Iloiiisi:in:i. 1.

So the. rnotiotr 10 IiLy on tlic t;able did not prevail.

MY.C o ~ i r d111o\-(~lto iLttltnd ?)ystriking out the wholo of tho bill
and inserting i n licii crcof the following, to wit:
An act f i i r t l i t ~to ildiii,

iii

b1141 thv compcnsation of membcra o f Ihc (o~lgrci..of thc Confedh t w ot .\mcncn, 111 reference to mileage

Tla Cloiiq~wsof (lie (onfedcvnt(Bolis ( ~.lmemcic

f
do entact, That in addition to the
coinpe~lratiorralloir etl I)y l a w to incmbers of Congress, each inemher for each session
shall bt: allowed eight d o l l a r h for every twenty miles actually and necessarily traveled by other than I ailroiitl ant1 steamboat transportation, in coming from and
rc>turniiigto Ilia p!m of ieuirlciicc. from the place where Congress may asseinble, in
lieu of tlit: mileage now allowed over saicl space.

Mr. Broolcc moved to 1:iy klie whole wbject on the table.

The motion was lost,

F~J
15,. lat??.]

IROVISIONAL CONGRESS.

And t h question being upon a reeiiig to the anlendment l)y

substitute, the vote was taken an the amendmerit was agreed to.
And the hill Was engrossed as amended, and read a third time; and
the question being on the passage of the same,
Mr. Brooke, at the instance of the state of Mississippi, demanded
that the peas and nays of the whole body be recorded thereon; which
arc :is follows, to wit:
Alahama-Yea: Messrs. Chilton and McRae. Nay: Messrs. Curry
:~ndHale.
Arkansas-Nay : Messrs. Johnson and Garland.
Florida-Yea: Messrs. Morton and Sanderson. 3 % ~Mr.
: Owens,
Gcorgia-Yea: 3 h s r s . Hill and Ste hens. Nay: Messrs. ToOnlbs,
llowcll Cobb, Foreman, Crawford, an Bass.
Kentucky-Nay : Mr. Monroe.
Louiiiana-Yea: Mr. Conrad. Bay: Mr. Marshall.
Mississippi--Nay : Mr. Brooke.
Xissouri-Yea:
M essrs. Pegton, Cooke, Harris, Conrow, and
Erceinari.
North Carolina-Yea:
l\/lessrs. Davis, Morehcad, and Davidson.
Kay: Mr. Arery.
South Carolina-Yea: Mr. Bogce.
Tennesske-Yea: Mr. Currin.
Texas-Yea: Messrs. Waul and Ochiltree.
Vir inia-Yea: Messrs. Macfarland. Pryor, Bocock, and Brockonbrougi. Kay: Mr. Seddon.
Tea: Florida, Missouri, Korth Carolina, South Carolina, Tennessee,
Texas. and Virginia, 7.
S a y : Arkansas, Georgia. Kentucky, niid Mississippi, 4.
Divided: Alabama anti Louisiana, 2.
So the bill as aiiicndtd was passed.
Mr. Hocock moved that the session of Congress on Mmday bc held
with open doors after 45 minutes past 11oclock a. m.
Thc motion was agreed to.
M r . Boyce moved to take up for consideration fronl thc table
h hill to prohibit officers, agents, arid members of Congress from
malting Government contracts.
The motion was agreed to.
Mr. Monroe moved to lay the bill on the table.
The motion was lost.
And the bill was engrossed, read a third time, and passed.
BIr. Johnson of Arkansas, from the Committee on Indian Affairs,
reported and reconimended thc passage of
Al bill to malic disposition of negro slaves captured from hostile

Indiaris;

which was read first and second times, engrossed, read a third time,
and passed.
Mr. Hill moved that Congress do now adjourn.
The motion mas lost.
Congress then resolved itself into executive SCSSiOn; snd having spent
Some time therein, again resolved itself into kgiSlati\re session.
Mr. Porpman offered the following rcsolutioii; which was r e d and
agreed to, to wit:

836

JOUKNAL O F THE

[Fcb. 15, 1862.

Mr. Hale, from tho Coininittee on the ,Judiciary, rcportcd

A bill to repeal an act therein named;
which was read first and second times, engrossed, read a third time,
and passed.
Mr. Avery, from the Committee on Military Affairs, to whom wvns
referred the rcpoi-t of Maj. Gen. Braxton Bragg, of the bolnbxrdlneiit
a t Pensacola, reported the same back, that in the opinion of the cornmittee it was inexpedient to publish at present any portion of thc, sttiii(1,
asked to be discharged from the further consideration of the same, m c l
tbat the report lie on the table; which was agreed to.
And, o n motion of Mr. Kenner.
Congress adjourned until 1 0 oclock a. m. on Monday morning.
EXTCCUTIVE SESSION.

Congress being in executive sesbiori,

The Chair presented the following commixnicntion from the President, nominating for appointment in the Army of thc Confcderate
States of America, sundry oflicers, t o takc rank from the date of
confirmation:
To the Congress of the CouftPdProte SfntPs.

HIcrr\rosi), Ibhrtin,y 15, 1862.

I nominate the officers on thc acconipanying list to the rank affixed to their nitnies,
agreeably to the recommendation of the Secretary of War.
JEFFK DAVIS.

Feb. 75,1662 1

PROVISIONAL CONGRESS.

The nominations are as follows, riz:

EIGHTH GPOKGIA B.4lTALION, PROVISION.~L ARMY,

Lieutenant-colonel.

A. Littlefield, of Georgia, to take rank from -.

FIRST TEXAS CAVALRY BATEALION, PROVISIONAI, ARhfy.

Major.

R. 1. Crimp, of Tmac, to take rank Novembrr 4, 18F1.

XIhTJT A L A B A M 4 IIEGIMENT, PROVISIONAI, ARMY.

Colonel.

Samuel Henry, of Alabama, to take rank October 21, 1861.

Lieutcnani-colonel.

Edward A. OKeal, of Alabama, to take rank October 21, 7861.

Major.

F. 13. Riplcy, of Alalmiiia, to take YAI& October 21, 1S6l.

TWELIWH G E O R G I A ItEGISII

, 1IIOVIsIoNAL

AItiUY.

Colo?lel.
%. T. Conner, of Georgia, to take rank Dec~eiubcr13, 1861.

W~lrt~nanl-colon
PI.

Ahncr Sinead, of Georgia, to take rank Deccml-~cr13, 1861.

Jfcijor.

Willis A. IIawkin6, of Georgia, to take rank froni December 13, 1861.

TWELFTH AL.ISAMA I<IEGIYEVT, IROVISIOKAI~ AHMY.

Colo1zel.

R. T. Jones, of Alabmia, to take rank July 17, 1861.

~ieutmaizt-colonel.
J. C. Brown, of Alabama, to take rank November 11, 1861.
1llUiOl.

A. Stikes, of Alabama, to take rank Kovenibrr 11, 1861.

EIGHTEENTH A1,ABAMA

IIB(;IhlENT, IROVIRIONAL ARMY.

Colol%el.

Eli p. Shorter, of Alabama, to take rank Deceniher 23, 1861.

I,zt,ut~ncrl~t-colonel.
J. T.

~ ~ ] t eof ~Ak&ama,
] ~ ~ to, take rank Ifccwnber 2% 1861.

Major.

1..11. l\llosley, ot ~kibaiiia,to take rank December 23,

1861.

JOURNAL O F THE

838

[Feh. 15, 1862.

POURTI1 A R K A N h \8 l~E:C:L.\1BUT, I'KOVISlOh \ I , .\R\ZY.

iMmel.

E. McNair, of Arkansas, to take rank October 29, 1861.

JIajor.
James H. May, of Arkansas, to take rank August 17, 1861.
BIRST REQIMENT GEORGIA RE:CTtT,ARS, P R O V I S I O N A L ARXY.

C'olonrl.

William J. Magill, of Georgia, to take vmk J'eixwary 6, 1862.

I,ieutencint-colonel.
John I>. Walker, of Georgia, to take rank February 6, 1862.

X qjor .
William Martin, of (ieorgia, to take rank February 6, 1862.
F I R S T LOUISIANA I N F A N T R Y , PROVISIOSAL ARMY.

Colonel.

D. W. Adams, of Tmiisiana, to take rank September 30, 1861.

l,ieutrrca?it-c.olonel.
John A. Jaqness, of Tdonisinna, to t&e rwnk fi?ptcwiher :30, 1861.
*Ikt;O,~.

F. IE. Farray, jr., of Louisiana, to tskr rank Sicytcmher 30, 1RG1.

mvmTY-swoNI)

r OIJIV

\ & \ i m T i ~ r i : m ,I ' R O V I ~ I O S A ~ , imry.

Colonel.

Paul E. ThCard, of Louisiana, to take rank Jaiiuary 30,

1862.

Liecctenct tzl-colonel.
William S. Imrell, of Louisiana, to take rank January 30, 1862.
TWENTIETII MISSISSIPPI REGIMENT,

movisim 11,

ARMY.

Colonel.

I). It. TZnwell, of Illississippi, to take rank June 27, 1861.

Lieutenant-colonel.

It. H. Miller, of Mississippi, to take rank

-.

Xqjor.
William N. Brown, of Mirsissippi, to take rank July 19, 1861.
nvmrY-sEcoxi)

z r I s s I s s I p p I I L E G I M E ~ PROVISIONAL
I~,
ARMY.

Color1el.

F. Sehaller, of Mssissippi, to take rank 1)eceniher 24, 1861.

Feb. 15, 1862.1

PROVISIONAL CONGRESS.
Lieutenuiit-coloiie1.

Charles G. NelmS, of Mississippi, to take rank Deceml)er 24, 1861.

Major.
Janies S. Irestidgr, of Mississippi, to take rank December 2-1, 1861.
*iIRST FIDRIDA ChVALRl REQIBIEST,

IROVISIoNAT, ARMY.

Colonel.

W. G. $1. Davis, of Florida, to takr rank January 1, 1862.

Lieutenant-colonel.

G. T. Maxwell, of Florida, to take rank .January 1, 1862.

Major.
W. T. Stockton, okFlorida, to take rank January 1, 1862.
SECONI) A R K A N S A S MOUSTEI) RIFLI?: REGI?IENT, PROVTSIONAL ARMY.

Colonel.

Benjamin T. Enibry, of Arkansas, to take rank January 26, 1862.

Lieutenant-colonel,

Henry K. Brown, of Arkansas, to take rank January 26, 1862.

HAMPTON LEQION, SOUTH CAROLINA, PROVISIONAL ARMY.

Colonel.

Wade Hanipton, of South Carolina, to takr rauk July 12, 1861.

THIRTY-SEVENTII TENKESBEE REGIMENT, PKOVIHIONAL ARMY.

Colonel.

Moses White, of Tennessee, to take rank October 26, 1861.

Lieutenant-colonel

Hunter 1. Moffett, of Tennessee, to take rank October 26,1861.

Major.
Edward F. Hunt, of Tennessee, to take rank October 26, 1861.
NINTH REGIMENT TEXAY CAVALRY, IKOVISIONAI, ARMY-

Colonel.

Wi&m B. Sims, of Texas, to take rank November 14, 1861Lieutenant-colonel.

William Quayle, of Teras, to take rank November 1% 1861.

ltlnjor.
N. W. ToWnes, of Texas, ti) take lank ~ o \ 7 e l l ~ b14,
t ? r18%

839

840

JOURNAL OB THE

[Fcb. 16, 1862.

FIRST VLORIDA 13.AW.\LION, PROVIYlONAL ARJIY.

U~,i,~tenu~i,l-~oloneZ.

D. P. Holland, of Florida, to take rank February 12, 1862.

Xtjor.

Charles F. Hopkins, of Florida, to take rxnk Fcbrnary 12, 1862.

Brigade comizissnr.ies, v i t h the rcoik ?/ 7ncqhr.

N. R. Jennings, of Lonisiana; I I s r h r t S.I)allxtu, of ICentucky.

James W. Pope, of Texas; Bolivar ChI
Tenneesee; 1. T. Colby, of Marvland; F.
of Florida; Jesse S. Jones, of Yfississippi;
Gl3UM31A IZEGLLARS, PKOVI8IOXhL AILMY.

Cccptctir1s.

John Milledge, jr., of Georgia, to take rank January 28, 1862; 1. D.

Georgia, to take rank February 6, 1862.

n. Twigge, of

Erst lirutemnts.
12. R. Rntherforcl, of Gcorgia, to take rank January 28, 1862; Tlionias Burclell, of
Georgia, to take rank February 6, 1862.
(.h(f(,i(lcr1.

G. N. Clainpitt,, of Louisiana,

10 M t c rank

-.

-4ssisttcii t ~ i ~ ~ t i l i ~ r n c t rWUL
s l t ~vrmk
r , ~ ~ O / ctiptai?~.

Elisha M~~yfield,
of Arkat
Virginia; A4ddisoiiCraft, of
z l tfiZttZ?//S,

lisiiir

(>. I h y ,

of TeiiIiessec.; Alnior Antlermil, of

)pi.
?l;it/L

TctILk

(Jf

Peter .I. Shannon, of Sort11 Carolina, t o t a k e rank Febrnary 3, 186%;S.A. Key, of

Temiessee, to take rank 1)ecenil)er 14, 1861; Thoinas H. EJiit(81iisori,of Virginia, to
take rank Fcttwary 6, lN(i2; \Ir. 7. IMwar(l~,of Arkancas, to take raiik Peptt.iiilwr
25, 1861; I V . E. Carter, of North (:arolina, to take rank October 16, 1861; Williaiii
Crunip, of Mississippi, to take rank February 2-1, 1862.

Xajors.
tlrchcr i\ntlo.son, of Virginia, to take rank Feln-uary 6, 1862; W. D. Pickett, o f
Tennemee, to takc r ; d r Fcbruary 8, 1862.

Cuplains.

, of T c s ~ s to
, takc rank Xovmiber 27, 1861; D. $1. Du Bose, o f

nk .January 29, 1862; IQwhatan Ellis, jr., of Kentnc-I;?, to take

nmk Pebrriary I?, 1862.

Mr. Pryor, from Coiniiiittee on Military RffRirs, to which was

rofcrred tlie nomination of D. H. Todd, RS lieutenant of infantry,
rcportcd adversely to his confirmntion, said Todd being Lincolns
brother-in-1iw.
On motion of Mr. Perlrins of I,ouisiana,

I cb 15, 1862 1

The nomination of N. R. Jennings, of Lonisiana, as

Provisional Army of the Confederate States, w m una
tinned.
Mr. Norton moved to reconsider th
were referred t o the Committee on M
The motion prevailed, and Congress
The confirmation of the following no

Thc remainder of the nominations were confirmed.

M r . Hale, from Committee on Militmy Affairs, to whom was
referred the itlessage of tlie President of 13th February, submittin
nominations in the Provisional Army of the Confederate States, anc
also the message of the President of the 14th February, nominating
ofi(~rsin Ariny of the Confederate States, reported the Mame back
and rrcoiiimended the confirmation thereof.
On motion of Mr. Staples,
Congress took a recess until 7 o'clock p. in.
A t 7 o'clock p. m. Congress reassembled.
The Chair laid before the Congress the following communication
f r o m the President:

71) tile Congress of the Co)qederate Ytates.

Ricir~orn,A b m a r y

-,

lS6,O.

I nominate the officers on the accompanying list to the rank affixcd to their

names, respectively, agreeably to the recommendation

of the Secretary of War.

JEFF" DAVIS.

MEDICAL DEPARTMENT.

Sirrgeons.

Alexancfer R. Medway, of North Carolina; Sheldon Stringex,, of Florida.

Assistan1 surgeon.
I). C. O'Keefe, of Georgia.

'the non-jinations were confirmed, Congress advising and consenting

to the same.
The following communication was also received from the Prcsidcnt:
RICFIXOXD,
February 15, ISM.
7'0 the Congress of the Coyfederate States.

J nominate for the advice and consent of the Congress the officer .named in the
rcxcommendntionof the Secretary of War, hereto annexed.
JEFFERSON DBVIS.
WARDEPARTDIENT,
February 15, 1862.
SIR:I have the honor to recominend the following nomination in the Ariny of
the Confederate States:
il. C. Xyers, of South Carolina, Quartermaster-General, to be colonel, to take rank
froin the date of his confirmation.
J. P. BENJAMIN,
Your obedient servant,
J'ecretnry of T'Vtrr.
To the PRESIDENT.

Thc communication was referred to the Committee on Military

Affairs.
Another communication was received from the President; which is
as follows. viz:

JOURNAL OF THE

843

[Peh. 15,1862

To the Congrrss of the Cor$edeclercrte Stfitcs:

I nominate the officers 011 tlie accoiiipanj iiig list to tlie rank aflixrcl to their ~ X L I I I ~ S ,
respectively, agreeably to the recommendation of the Secretary of War.
JEFFERSON DAVIS.
FIRST TE!XA8 C %VAI,R\*, R 4TTAT,IOh, PROVISIONAL 4RMY.
~ ~ C l J, ~ ~. O

R. P. Crunip, of Texas, to take rank Soveinher 4, 1SGt.

BTigade qurwti?rntr.il/ I , 7 rrirk of mrkjor.

Sackfield Maclin, of Texas, to take rank

I
_

slssistaiLt n d ~ i ~ f r i ~ ~ t - g eri t~m~l ~of~ cmrijor.

tl,
John Tyler, jr., of Virginia, to take rank h g n s t 20, 1861.

Referred to the Military Committee.

The Chair laid before Congresr the following communication from
thc Presiciertt :
RI(TIMOND,February 15, 1862.

To tile Congre8.r of the CordPclernte XtatPs

1 nominate Camilluls Julius Polignac, of France, to be a lieutenant-colonel in t h e

Army of the Confederate States of ilnierica, agreeably to the recoriimendatioii of the
Secretary of War.
.JKFFI1:RSOK DAVIS.

which \vzw referrcd tlo tho Corrimitter on Military Affairs.

the following nominations of
The Chair xlio laid l ) ( ~ f oCongr
i~
thcl lrcsidcnt:
To the Prosid( rti

of

//I(

Cort!]~ of fllC

( b i l f l t l r i ~ o i l,\ttri1

>

01 1 ) l l e l

agrtwbly to his rc,c.oiiiriic,ndatjoii.

,I KFi~l<IiSOSI)\ VIS.

Tlis Excellcncy tlic P K I C ~ I Ir.) B Y

f i r i t . 1 have tlic Iiouor to re&xrinxriid t h e following noiiimations 101
in t Iir Navy oi tlic (hnietlc~ratc~
Rtntw, nndrr act ol (oriyw~s,Xo.
1)~c~nilw
24,r I X f i l .

AlplionHr Iktrbot, of I,onifiia112i; ,Joshna tIiimptircArs, of Virginia.

I ani respecthilly, vow ol)cdicwt s(v-1ant,
r ,

1 ho nornin:~tioriswcrc referred to tlit Coinmittcc 011 Nav:d Affairb.

h l h o , tlw following noiniimtionr in the. Army of the Confederate
States; which, oil triotion of Mi.. Chilton, were referred to the Committee on Military Affairs:
yoit w i g COILPS ov . m r i m : I t Y .

Rrsf lrPute?ln?ll.

TI. R. Lyon, of Kentucky, to take I m k March 16, 1861.

tYccond lieirttriwtfs.

Nathaniel R. Chambliss, of Tennessee, to take rank Marcxh 76, 1861; Clarence

, to take rank March 16, 1861; TVilliarn R. Jones, of Virginia, t o
Derrick, of t a k rank March 16, 1861; John J. Geriiett, of Virgiiiia, to take rank Xarrh 16,

Feb. 15,1862.1

PROVISIONAL CONGRESS.

8 43

1861; T'aUl p. F a i m , of Sorth Carolina, to take rank IR.Iarch 16, 1861; R. IT. rAogan,
of Virginia, to take lailk March 16,1861; Zaddock T. \villett, of TennesNep, to &kr
rank March J6, 1861; Alexander D. Moore, of North Carolina, to take rtlnk Marc11
16, 1861; Ll-iiliam F. Kiemever, of Virginia, to take ranlr M ~ r c 16,
h 1861; James p.
Parker, of XiPsouri, to take'rank March 16, 1861; David G. IVhite, of Bfaryland, to
takil rank Xarc*h16, 1861; George 0. watts,, of Keiitudqr, to take rank March 16,
1861; Joeepli 1.
Alexander, of Georgia, to take rank k1arch 16, 1861; \Villi8 'CVilkinson, of South Carolina, to take rank April 20, 1861; Franklin 13. Du Barry, of
to take rank April 26, 1861; 1,. Jaquelin Smith, of Virginia, to take rank Septembt.;
28, 1861; Charles Richardsoii, of Virginia, t o take rank October 7, 1861; Marsllall
X c D ~ i a l d of
, rirginia, to take rank October 9, 1861; James A. Bryan, of North
Carolina, to take rank October 12, 1861; James Ker, of Virginia, to take rallk
3 0 1 ember 5, 1861; 12 L. l'oor, of the District of Columbia, to take rank Novelnber
6, 1861; A. J. Hartley, of Texa?, to take rank February 13, 1862.

CORPS OF C.I\'ALRY.

First 1imiPnnnt

William H. Jackson, of 'L'ennessee, to take rank March 16, 1861.

Seecoid lieufenants.
Xathis W. Henry, of Kentucky, to take rank Xarch 16, 1861, J. T. W.Ha&ton, of Jlississippi, to take rank April 5, 1861; John Bradley, of Texas, to take rank
March 30, 1861

Nr. Chilton moved that all nominations f o r appointnieiit in the Kegular Army be laid upon the table.
Mr. Garlrtnd called the question; which having been seconded,
XI. T'CTaul iiioved to reconsider the vote j u s t taken and denlanded
the yeas arid nays thereon.
The motion was lost.
T l ~ equestioii then recurring on the motion to lay all nominations in
the Begular Arnig on the table,
The same was agreed to.
Mr. Curry inored to reconsider the confirmation of Robert Talisill
and A. H. Cross, of Virginia, as captain.; in the Army of thc Confcdernte States.
The motion to reconsider was lost.
Mr. Hale, from Committee on Military Affairs, to which had boen
refer& sundry nominations, reported adversely to the following:
F. H. Riplej , of Alahama, as major,
W. D. Pickett, of Tennessee, as major; and
8. T. Conriel, of Georgia, as colonel;

and the sanw were rejected.

The coilsideration of the following nominations in the First Regiment Georgia Regulars was, OH recoimneridation of comnii the, Postponed, T%:
TYilliani J. Magill, of Georgia, colonel;
John D. \Valker, of Georgia, lieutenant-colonel; and
Williani Martin, of Georgia, major.

&. Hale, fronl the same committee, reported back the IiOlnillations
of the follo\Ting officers; which, on motion, were laid on the table, viz:
&,muel B. D&\ris, of Texa., and D. 31. n u Dose, of Georgia,
Adjutant-General's Department.

captain8 in the

Mr. Hale, frolll committee on Nilitary Affairs, to which

referred
the nominatioll of Camillus Julius Polignac, of Frmce, a s lieutenar1tcolorlel in the Arnly of the Confederate States, rCpOrtOd the Sdnle I)aclc
a i d recoinwended his confirmarion.

844

[Fcb ii, 18G2

JOURNAL OF THE

The iiolriination w a b confirrned.

Mr. Hale, from the same committee, to whom was referred the
noaiinations of the President of February 14, in the Artillery and
Cavalry Corps of the Army of tho Confederate States, reported bnck
the same and recommended their confirmation.
The noniinations mere confirmed.
Mr. Hale, from Military Committee, to which had been referred
t,he messtigo of the President of Pchruary 18, iiominating officers i n
the Corps of Engineers, arid also officers in the P r o
reported the same back, with tlic rcc.omrneudnliot1 that they t )c
confirmed.
advisinfi m l conscnti n g to
The report was conourred in, Congrt
the same.
Mr. Waul rrioved to take u p the nomination of 1).C. Do Leo17. as
surgeon in the Arlny; which \VRS riot ilgrced to.
Mr. Currin moved to take up f o r consideration thc nomination of
George 13. Crittenden as major-general in tho L4rr~ty
of thP Confederate
States.
The motion was lost.
Mr. Conrad, from Committee on Puaval Affairs, to which had been
referred sundry noininations of the President, of oficcrs in the Kavy
of thc Confederate States, reported h e k the sanie, with the reconiniendation that Congress advise and consent to the samc; which w a s agreed
to, and the nominations mere confirmed.
MY. Hale, from the Coriiinittce on Military ,4ffairs, to whom was
refcriwl the no~nint~tion
of A. C. Myers, of South Carolina, rcported
bacli thc samc, wit,h tho I.t~c,onimcnclatioiithat hc I)(> confirnicd; which
was agreed to, :ind C o i i p :uLrised and ( ~ o n w n t ( dto wid aoarin:~tion.
MY. Conrad, from Corriinit~tceo n hTav~IAffairb, to \\ hich had been
referid the cornniunicatioii of the President of Fcblnai~y13. n o i n nat,ing ofiicers in the Marine Corps, rcported the s m i c I)wk :mtl revomrnendcd their confirmtition; which w a y agreed to, arid the said offic(1rs
were confirmed.
The executive session was then dissolvtd.

01

SESSIOS *

Congress mct pnrsimnt to tidjonrnmcn t, atid was opened with prayer

by tho ltcv. 1)r. IIogc.
JIr. 13arniwlI mnounccd tbc prest.nc~to f Jalricb L. Ow, n Dclegxtcelwt fi*omthe State of South Carolina, who c:tinc forward, J V : > ~dilly
qutilificd, a i i d took liiu sriit.
Congrcsr thtw rrsolvecl itself into secret session; and after spcnding
soine time thcrein, i n pursumce to an ordcr to that eilect, then reiol\ cd
7.

pen session,
thc following rwolution; which was read :~nd
passccl unariinionsly, t o wit:
Resul~wl,That the thanks of this lionse RI ti eminently due and are hereby tendered
to the Iron. Howell Cobb, Iresiderit ot the Irovisioiial Congress, for the dignity,
ability, :tnd impartiality which haw so highly distinguished his official (~oiidiitt
the prcsiiliiig o8icc.r of this body.

MY. 1Sococli then iiioved thRt (ongm ilo n o w

iictjoiirn.

Feb. 17,lSG2.1

84

FROVISIONAL CONGRESS.

The motion was agreed to.

then addressed tho House as follows:
I

COXFEDERATE CoXGREss: Xot as a Inerf. for]iia1.litydo rweive

0 x 1 ok the resolution just considered by the IIouse, and before

I discharge the last duty incunihent on me as your presidiw officer in declaring this
Congress adjonrned ~ i t l i o u ta day, permit me, i n the &eerity of my heart, to
return you iiiy grateful tiranlie. With whatever success I niay have discalialyed my
duties, I can truly say that no uresiding ofEcer ever received such cordial cooperation 01 wclr generous support <oni the body whose chair he occupied. A11n tlxolough
the. hour has airi\ ed for dissolving our connection a t the expiration of ollr service, I
trust t h e time will ne\ er come for severing the ties which have been forlnetl during
this connection.
Tile octasion naturally bears our mind back to the time of OUT aesenibling, when
the represcntatiyes of six sovereign States, in a distant capitol, in call11 tunkultation,
dclibcratcd o\ cr their destiny and sought to perpetuate their free institutions iipon
tlic basis atlol)tctl by our father3. One after another of our sister States hay li~llcecl
her fortiinrls T\ ith airs, until to-day the significant thirteen of the old Governnient
marks a l h o the nurnl)er of our Confedcratcs.
to the
Within that period the Constitution which you prepared and s~tbn~itted
cotintry has I c w i r d tlie alnioqt unanirnoiis approval of our conbtituents, while 1110st
of 3 our legislation has been in like manner approved a t tlie bar of public: opinion.
T xni preparctl to promise to the country that when the veil of secrery, which policy
has iiitiuced us to throw over our deliberations, shall be renioved, :I like indorseniciit of the entire action of this body mill be t h r wrdict of an
For T\ lrile it has been complinientary to you, it is but tile meed
patriotisin of this people to say, that aniore generous confideiicc~
to rulers under iiiore trying circumstances.
Sr\ era1 of o w niinibw have been talren by de
1 0111 iiritlbt. Iardon a niore
d i r w t allusion to one who, with many other no
ts, Iraq sealed YI ith his I)lootl
011 the field of battle the policy and acts 1%hich
isdoni assihttd to devise and
preparc. The niemories of the occasion would b c x incompletc without this passing
triI)nte to t h e illustrious dead.
f to-day is somethmg Q orthy to be rememberecl. At our assembling,
ed with almost unliniited power. The Provisional Constitution way a
d liiiiit to oiir poMers and yet as scrupulously regarded and niaintained
ah if it had h e i i the charter of our right. The period of onr existence was voli
tarily afh let1 by oursrh cs, and to-day 15 e clieerfully srymder our pcnvers to tlic
elrctrtl nntlcr a gor e r n n i ~ n tprovicletl by oursclvw Fhcg are not oiir successo
Coiigress lras no biicwwor They inangurate a gowrnirient which is the st
)r of the Jro\i~ional Qovernmei:t. To thew fact? I refei not iii tliv h j b i r i t of
ting-but to rcpel the unjust iinputation 60 pemistently
rupnlour enemy-that this was a military dtqotiani, s i i
pou er of oiir arms.
Thc neIr Gorerntnent w ill br fully inauguratcd 011 tlic 22d, a1
placing in oileration a constitution characterizctl b y the coi
enrinently di~tinpuished the Father of his Coiintry. In t l
Gc! ernnicnt on the same day, the cold, hrartless, antl hypocritical c~eremonywill be
performed by their rulcrs of liitrniirg t o the prewpts i n d c a t e d i n his last le aiy to
his coiintrynien-the persistent disregard of which by tlicmselr(% has fort.(>$ us to
wrk f o r s:lfety and lilierty 111 der a new organization. The contrast is before tlie
I\ orltl; Ict t h t k dwidc hetucwi 11s.
111 trtitl), gentlenien, I inirct refer to one remarkable c~haracteristicof this revolnr d d i n history. It can not be too
tion .ivliicli cli&iguishes it from all o
p~oinincntlyset forth, or too often c
I iiican its conservatism. Umally
re\ olutions are the rerult of the exc
s of t l w people \I linsc- patienw i h
eslranrtctl, and hence their popular t
m e too frequently dcyradcd t l i c m
to :ularchp ant1 discord.
Hut here the people at the ballot box rlc11l)t~rateIy
wto a
\elution to escape from the very anarchy whicdi they see inipend~ngand to prerr-e thosc caoniervative priric~plcsof the fathers of the Itt:pul)lic, I( hich were fast
bcing o\mm helmed by popular fanaticism. &:very step i n tlic., dranm has been
niarked by the ~.aliietendency. Tire changes i n the Federal C o ~ ~ t i t l ~ twere
i o n suggqyted antl adopted with the Fame views, and every page of the lri5tory of this war
11111 slio\t that e,
itho~itthe iheclts of government, h:i\ c a imposed upon ourwlves
the iriost conPcJryatiTre ~)rrii~~iplct,
\I hile onr eiit niiea, Ira\ ing the organized gorernnrtLnt, ]lave tr:i111p1c(t~ r ~ ~ cfoot
i c r cry mmistitiitional liniitation, and disrcyiirt1c.tl all
pi11)lic-arid p i \ ate rights. That lliis hpririps iroiii the ~ ~ e o pthenrse1vc.s
le
and is nnl
due alone to the wiudom of their rulers, is iiiaiiifcst fronl t ho fact, that in more tllan
(a\

846

JOURNAL 01 THE

[Feh. 17, 1862.

one of t h e States, the i e r y occasioii of revolution has been used to reform their own
Constitution; and to improve by impressing this same conservatism upon the fundamental law of the State.
Gentlemen, I have perhaps detained you too long. I can iiot close without commending to those who follow us i n gorvminicnt, one element of success to which I
may perhaps attribute too niuch. I refer to the generous confidence which each
department of tho Provisional Gowrnment has exhibited toward all others, In
our common danger there should be no divisions. The spirit of party has never
shown itself for an instant i n your deliberations, and I would that i t should be the
good fortune of each successive presiding officer i n the closing scene of every Congress t o be able to bear the testimony I n o w publicly give to t h e honor of this body.
When I first took this chair, I ventnred the opinion that our separation was
perfeet, complete, and perpetual. lt any doihted then tlie pait year has dispelled that doubt, and no person can no\\ be foiind who will say that the eepxration
was too soon, or would he too perprtual. Eelying on the harinoriy of our people;
upon the justice of our cause; upon our own strong arms, and the smile of a kind
and protectiiig Providence, from the incipiency of this revolution to this moment, I
have never had one despondent hour.
These have been our reliance in the past and iniist he our hope for the future; for
thus far we hnve ~ u c r e s ~ f n l condiirtetl
ly
oiir revolution, n ithoiit e~en the benefit of
that recognition which has never before been denied to a people w h o have shown
the same capacity and determination to maintain their independence.
Renew-ing the expression of my heartfelt thanks, I proceed, gentlemen, to discharge the last duty of t h e chair, and to pronounce thi8 Congress adjourned without a day.
SECRET SESSION.

Congress being in secret scssion,

Mr. Oldhani, from the Coinniittee on Engrossment, reported as correctly engrossed and enrolled
An act to provide for the prcscrvation and future publication of
the ,Jotiriid~o f Ilw Irovisional Congr
a n d thc proceeding? of the
convention wl-iicii frxnicd the provision:tl :tnd pcrnianent Constitutions of the Coiifctier;ttc StBtrh;
An tict to amcnd an net to provido f o r tkia safe castodj, pririting,
publication, and distribution of the l a ~ v s ,and to provide for the
appointment of art additional clerk in the I)epai*tmcnt of Jwtice,
approved hugtist 6, lSGl ;
An act to prohibit officers, agent*, and iiiciiihcrs of Coiigrcss from
making Govcrnmcnt contracts;
An act to make disposition of negro slaves cqtuwcl from hostile
Indians;
An act to extend the provisions of the act entitled An act authorizing tho Prcsident to infj ict rctstliation upon the persons of prisoners,
appro\-cd August 30, 1861;
A n act, to rcpeal a n :wt therein named;
An act to clcfinc :tiid o4xhlish the compensation of nicnihers of the
Congress of the Confederate States of America, in relation to inileage;
and
An act to tiuthorixc, tho Iitliographing of the Constitution of the
Confodcr:tte Statcs of Rnicrica, with the signatures thereto, and to
provide for the di\tribution of the same.
On niotion of N r . Conrow, tlie irijunction of secrecy was removed
froni the bills in relation to aid to the State of Missouri.
Mr. Stephens okfered thc following resolution; which m s read and
agreed to, to wit:
7?1%ohd, That, the secretary of the Provisional Congress transfer and Itant1 Over
to the Ihpartlnellt of Justire all papers of file i n 11% office, :uid all d ~ ~ u l J i ~and
~l1t~
other 1 ~ 1 ) ~ofthis
~ s ITonse iintlcr lrir control i i n ~in thc Iiands of tlie Public Irinter,
riol otheiwiso disposed uf by the older of the Ilouse.

Feb. 17, 1862.1

PROVISIONAL CUNGRESk.

847

M r . Keiiner offered the following resolntioii; Tv1iicIi was read arid

agreed to, to vit:
Xesoltsed, That JV. 11. Talnian be allowed two dollars per day from the setLoild d : 4 ~
of Deceml-)er to the serenteenth day of February, eighteen huncired and sixty-tw6,
$or his services as page o f this body.

MY. 0ldh:illl offt>rcd thc following rcsolutioll; which was read and
agreed to, to wit:
Kesolct,t/, That tlw Secwt
of tIic Congresn, aliowved heretofore to piibIis1i 1itIioprapllic c*ol)ic., of the Pro
nnal (onstitutio~~,
be ilo\v Rnthoriyed to pallfir to 1,e
lithographed o ~ l l pthe (aption ant1 utteqtirrg clause of eaic1 Con,qtitlltion with the signatnref of the, n t e t ~ i b of
~ ~CotIgrcss
r~
thereto.

Mr. 3Iwfarl:Lnd. from thc spochl coninii ttec qpoiiitt?d to propare

for the inaugilration of the Yresiclcnt and Vice-President clect, made
~ h following
c
report; \r.hich w.au rtad and t1g~et.dto, to wit:
The colrimittee clinrgctl with incpiring into the arrangements ivhich slloultl be
i m d e for the inanguration of tlic Iresidrnt and \ice-tresiilent elect and the arc0111modation of the tv o Honscs of the per~nanentCongrees, respectfully recoiimeiid:
That t h e President be wqochttcd to be present in t l ~ cHall now occupied by the
Pro\~isioii:~l
Congress at hiift p a p t 1 1 o r l o d c , on Xaturtlay nioming, thc 22d instant,
and that a seat be probidrtl fot liiiii 011 tlie iiglitof tlic Spc+ikcr; that a coninrittee of
ten, c-onsistingof fi\ e ineinbeis of t w h IIotiw, a1)pointed by the Scn,ztc and IToiisc
of Representatives, reapectii ely, n ait upon the Preiident at I I ~ rc.&lcmc~e
R
and attend
hiin to t h e 1Iall; that the Vice-lreqident and ineinbris of tlic Sciiate be reqwstetl to
assemblejn the h i t i l i e Hall, at t h e P r l l l l e tiiiie, ant1 that :t beitt be piorided for the VicePresident 011 the left of the S p i l w r ; that a like inritation be rstcritlcxl to tlir p v ernor of Viiginia and the govcrnorn of any of tlic Couicctc~rateStates in the city,
for whonr wats !)eprovided on the riglit of tlie 1ic&lent, to tlic t\zo honws of the
legislature, the jritlge~of her supr(~iiiec ~ o w
t of appeals, to f l i p heads of tlic Esecntive
Ilepartuients of the Confederate Sta.tw, antl to ttic eu-nicmhc~rs of the Provision:tl
Congress. That at 12 oclotk tlie Irebiilcmt of tlitl Senate and the Speaker of thr
Ilourc of He~reseritativesattend the Iwqidcnt to the portico of the Capitol, followtl
, tlic pcirrriior of Yirqinia antl tlio po\ eriiord :dorw~iid,tho
Court, tlie heatls of t h o Ikeciitirc I)rp:~rtinenta,tlic Seiuitors
it1 ilic v\-incw~h~rs
of the 11o~ision~~I
Congrcsq, an(l tho nirmof the lrgislatnrc, :rnd th4t tlie oath of oftice be then adiainisby tlic Ilon. John J. Allen, president of the snpreino court of

That a t the close of the ccreinonirs in the portico, the President oi tlie Senate and
tlie Spealrw of the I-lou~eof Represmtativen attend the President hack to the Ilall,
followeil by the Vice-]resident, the. governors and tlic others in the order of their
going from it, and that the Senate be called to order antl hold a session thcareirt, that
the oath of office may be administered to the Vice-Presiilent b y tlic President of the
Senate, and that the Senate retire to their Chamber a t the close of the ceremonies.
That the House of Rtq)resentatives be requested to convene in their lfall on the
32tl instant at 1 2 oclork m.
fhc corniriittee recomment1
copy ol this report he coniiiniiiicntc~c~
to the
a n d that they he infornictl tlmt this Ilall is
il6s anti that the room hereby provided on the
Igiied to tile FIonse of ltcpres
)r above is assigned to the Senatc

MY.Mrtcfarland, from the same coruaiittee, offored the following

resolution; which was ratid and agreed to, to wit:
Resol(~ dThat
,
one hunclretl and ten tlollwrs of the contingent funtl of Coligre
appropriated to pay t h e bill 01 Henry l+;xaflfor arranging the portico for the
monies of tlle twenty-second instant, and that the Secretary be nuthorim1 to appronecvsvary t o t l i ? 1):Lynieiit uf 11% bill.
priate so much as lriay

onlnotion of -. Vcn:ible, Congress rrrolvcd itself in to executive

session; and hajJirlg spit ~ ~ r i time
i o
thcrckin, again rexohed itself into
legislative session.
Mr. .Tolitison of Arkansas introdncccl
A hill to fix t ] ?date
~
-\+ihichtho boiinty shall be p d to Soldi(+rL
enlisted f o r the war;

848

JOURNAL OF THE

[Pcl~.17,1862.

which was read first and second times, engrossed, read third time, and
passed.
Mr. Ochiltree offered the following rcsolution; -which was read and
agreed to, t o wit:
ResoZwd, That the President of the Provisional Congress and acting chairman of
the Committee on Pay and Mileage br authorized, after the adjournnient of t h e same,
to certify arid sign all such papers as may be necessary to enable the inembers of said
Congress to obtain such compensation as may be alloli ed them by law.

A message was received froin the President, by the hands of his

Private Secretary, Mr. Josselyn, informing Congress that the Ircsident has this day approved and signed
An act to define and establish t h e conipensation of iccmbei~sof the
Congress of the Confederate States of A rncrira, i n refcrence t o mileage;
An act to repeal an act therein named;
An act to provide for the preservation a i d future publication of the
Journals of the Provisional Congress and the proceedings of the convention which framed the provislonal and permanent Constitutions of
the Confederate States;
An act to atncnd an act t o provide for the safe cnstodg, printing,
publication, and distribution of the laws, and to pro\.idc for the appointnicnt of an additional clerk in the Department of Justice, approred
August 5, 1861; and
An act to make disposition of negro slaves captured from hostile
Indians.
On motion of Mr.Tooinbs, Congress then resolved itself into exeouving spent some time therein, again resolved itself
on t l i ~
Jidi(~i:ii*j
tint1 Military Aflairs,
reportod hack sund
\ ( ~t lo l w tlisc.lian.getl from tlwir farthrr consitleration, find that tlic b a n i t i lic on tho tnhle; n 1iic.h IVBY
agreed to.
M u . Conrad, from the Committee on Kaml Affaii-s, niadc a similar
report in relation to pipers rc+brred to the committee; which was
agreed to.
Im,vc was granted to Mr. Cmrin, on his motion, to withdraw from
the lilo the pnpcrs of Corcoran & Co.
Mr. Conrad asked leave t o withdr:iw a draft on t h e Unitcd Stntci of
McConnell 6 Co., upon dcpositing their receipt for the s:\mc; which
w t ~ sgranted.
$11.. Ihycc, on motion, WNS nllowod to change hir: vote on the pasSlL)y(? of
A bill to :iuthorizo the President to inflict retaliation upon the per-

~ ) n tlic
i Coniiriittcc on E:ngrossinotit, reported as
1 tho I)oiiiity shtill be paid to soldicrs
ciilistitrg for the war.
A message W R S rcceivcd from the Prrhident, by tho hands of his
Private Secretary, Mr. .losselyn, in forming Congress that the President had this day signed and approved
An act to fix the date of the payment of tho hounty to soldiers
enlisted for the war.
Congress, in pursuancc of an order passed to that effect, then
resolved itself into open session.

PROVISIONAL CONGRESS.
EXECUTIVE

smjsroN.

Conwess being in executive session,

Mr.Ven&le moved that the vote rejectin the nomination of David
C. De Leon, as surgeon in the Army of t e Confederate States, be
i econsidered.
The motion did not prevail.
&. Awry nioved to reconsidcr thc vote by which the nominations
of officers in the Negular Army were laid on the table.
T h e niotion was lost.
Mr. Hale moved the confirmation of M. Dubme, assistant adjutantgeneral, with rank of captain.
The motion prevailed, and the nomination was confirmed.
Mr. Clark rnoved to take up the nomination of Lieut. 3.M. Kimmcl; which WILY H reed to, and the nomin~ttionconfirined.
Mr. Hale move that the nomination of George B. Crittenden 8s
major-omera1 be taken up for consideration; which w;ts agreed to.
Mr.$parrow moved that the consideration of tho same be postponed: which motion was lost.
Mr. Curry dernarided the yeas and nays on the confirmation; which
were ordered, and they are recorded as follows, viz:
Yea: Messrs. cJohnson and Thomason, of Arkansas; Mr. McRze, of
Alabama; Mr. Sanderson. of Florida; Mews. Toombs, Hill, Wright,
and Stephens, of Georgia; i\/lcssrs. Yerkins, De Clouct, arid Conrad,
of Jlouisiann; Mi-. Brooke, of Mississippi; Mr. Currin, of Tennessee;
Messrs. Avery, Morehead, Puryear, and Ilavidson, of North Carolina;
.Iiessrs. Kertgm and Ochilti*ee, of Texab; Messrs. Seddon, Hunter,
Scott, Russell, ,Johnston, and Staples, of Vir iiiia.
Kays: Messrs. Curry, Chilton, and Hale, o Alabama; Mr. C;arl:md,
of Arkansas; Mr. Jackson, of Florida; M rs. Foreman, Cohb, and
Kenan, of Georgia; Mr. Alarshall, of Louisiana; Mr. Bradford, of
Mississippi; Messw, Buffin arid Venable, o f North Carolina; Mcssrs.
Barn well, Milts, Orr, and Boyce, of South Carolina; Alessrs. Brockenbroug-h, JMacfarland, and Pryor, of Virginia.
Summary-Y eas 26, nays 19.
So the Congress advised and coiiscnted to the nomination.
The Chair laid before Congress the following nomination by tho
President:

KICHMONI),IWi'cunry 17, 1862.

tlie Coqfederate States:
I llorninate TV. TIr. Loring, or Florida, to bc a major-general, agreeably to the
recommendation of t h e Secretary of War.
JE:FPf',RSON DAVIS.
T o the Congrm of

Congress advised and consented to the same.

Also, the following communication from the President:
I t r c n ~ o ~ i+brzinry
n,
17, 1869.
the Coizyrcss of tile Conjederate Stuka:
I desire to Trithdraw the names of John D. Walker r29 lieutenant-colonel and
JVilliam Martin a6 major of the First Rcgimfnt C%orgia Eegulars, sent to Corlgress
in the list of Fehrllary 13, 1862, and to aomiuatc William Martin a s lieutenantcolonel of the First Regiment Georgia Regulars, to take rank FcbmarY 6 , 1862.
,JFXWRRSON DAVIS.

b
!!

The request was concurred in, and Con rebs adviscd and consented
to the confirln~tiollof Rilliani &%wtin%S fiCutenmit-CctlOm1C J-\OI,

l--@&----&k

850

JOURNAL OF THE PROVISIONAL CONGRESS.

[Fcb. 17,1862.

The Chair laid before Congress a communication from the Prwident;

which is as follows, viz:
RICmrosD,

Fetnziciry 17, 28F2.

To the Congress of the Confederate States:

I desire to withdraw the name of R. H. Grump, a9 major of First Texas Cavalry
Battalion, and Samuel W. Davis, as captain in the Adjutant-Generals Department,
sent to Congress in lipt of February 13, 1862, and to substitute in lieu thereof It. P.

Grump, as major of the First Texas Cavalry Battalion, to take rank November 4,
1861, and Samuel B. Davis, of Texas, as captain in the Adjutant-Generals Department, to take rank November 27, 1861.
JEFFERSON DAVIS.

The leave mas granted, and Congress advised and consented to the
said nominations.
A communication was received from the President, nominating J. W.
Herty, as [assistant surgeon] in the Knvy of the Confederate States;
which was referred to t h e Committee on Naval Affairs.
Mr. Hale, from Committee on Military AEairs, to which had been
referred sundry nominations of the President, of officers in the Army,
reported back the same and rccommended the confirmation thereof;
advising and consenting to their conwhich was agreed to, Congr
firmation.
Mr. Conrad, from the Committee on Naval Affairs, to wliich was
referred sundry noininations of officers in the Navy of the Confederate
States, reported and recommended that Congress advise and consent
to said nominations.
Tho same was agrocd to, and thc scveral nominations confirmed.
Mr. IIalc, from Committee on Military Affairs, to whom was referred tire nomillation of ,J. It. Chalmers, of Mississippi, as kxigadiergcnor:d, rcported thc s:um bttck and i*cc.onimcndedhis confirmation.
Thn i-eport was concurrcil in, :uid Congrcss acivisccl and coiisciited
to the sanio.
Congress thcri resolved into legislative session.

.
CONVENTION TO FRAME PERMANENT CONSTITUTION
FOR

T H E CONFEDERATE STATES.
FEGItlTAlZ)' 28, 3861, TO JI.tRCIr 11, 1861,

MOXTGOMERY.
T~'~~~.r;cdc~y,
IGhnimy 28, 1861-12 o'cloci~i l l .
Thc Congress having ~ t ~ w l v e itself
il
in Convcntion, proccedcci to
considcr the rcport of tht: Cominiltw oil Perniar~crit Constitution;
which is as follows, viz:
TJIECosswrrwou

OF m i :

COXFEIXGRATE
STanrs

01" ~MICRXCA.

K c , the people of tlie Confederate States, each Sttitc actiiig for itself, and in its
eipn ant1 intlrpendent character, in order to foriii a peririaiient fed(>
iiirnt, establish justice, inwre domestic trant~iiillily,t t n t l i.cviire the 1
hbci ty to ourbelct,s ant1 our posterity-to which cm(l4 \wiii\olre the
piiitlanw of Almighty (~od-do ordain ant1 cstnblisli t hie Constitution lor the
Confederate States of Bnicrica.
.\I~'i'ICLE I.

852

CONVENTION T O FRANE

[Peb. 2&, 16151.

4. When vacancies happen in the representation from a n y .State, the executive

authority thereof shall issue vrits of election to fill such vacancies.
5. The House of Representatives ehall choose their Speaker and other officers; and
shall have t h e sole power of iq?peachment.

Section 3.

1. The Senate of the Confederate States shall be composed of two Senators from
each State, chosen for six years by the legislature thereof, a t the regular session next
immediately preceding t h e commencement of the term of sen ice; and each Senator
shall have one vote.
2. Immediately after they shall be assembled, i n consequence of
they shall be divided as equally as may be into three clawes. The
tors of the first class shall be vacaled a t t h e eApirdtion of t h e be(
second class a t the expiiatiun of the foiirth 3 C ~ ,I arid of the third d
tion of the sixth year; so that on(.-third limy be ( h o ~ every
n
sccond year; alld if
vacancies happen by resignation, or otherm i v , tlurnig the recess of thc lcgislaturc of
any State, the executive thereof may make tcmlporary appointments uiitil t h e next
nieeting of t h e legiqlature nhich shall then fill such vacancies.
3. No perpon shall be a Scnntor who phall not have attaiiied to the age of thirty
years, and be a citizen of the Confederate States; and who shall not, when elected,
be an inhabitant of the State for which h e shall be chosen
4. The Vice-president of tlie Confedelate States &all be President of tlie Senate,
but shall have no vote unless they be equally divided.
5. The Senate shall choose their other officers; and also a President p ~ tempore
o
in
the absence of the Vice-President, or when h e shall exercise t h e office of President
of t h e Confederate Statecr.
6. The Senate shall have the sole power to try all impeachments. When sitting
for t h a t purpose, they shall be on oath or affirmation. When t h e President of the
Confederate States is tried, t h e Chief Justice shall preside; and no person shall be convicted without the conc~irrenceof two-thirds of the members present.
7. Judgirrent in CRS(~Sof impe:wlnnent shdl not eutend further than to removal
from office, antl tlisqnalilication to lit~ldand enjoy any oflire of honor, trust or profit,
under the Confederate fitdtcs; hut the p L i tv (.on\ ictcd shall, Iic~vcrtheless,be liable
and subject to indictment, tiial, j utipriicwt inti ~iaiiis~iiiic~irt
awortiiry to law.
S/,diO/l

6.

atives, shall be prcs

SPC~/iOll5.

d g of
~ the clcc.tions, returns, arid qualifications of its
I e x 11 >hall ronstittite a quoruin to do businem; b u t
froill d a y to (la), and niay be authoiimd to compel
r ~in, such mariner :ind under such penalties as each

IIoure i n ~ pi
y ovide.
2. I hc h Ilonse niay dctcrlriine tlre rulei of its proceedings, punish it4 members
for cliuortlt,rly l)t~h:ivior,and with tlic concurrcmcc' of two-thirds of the whole number cxpc~la riletnbcr.
3. Each 1Iou.e hall Iccep a jorirnal of its procecvlings,antl from time to time pi11)lish the sanw, cxwptinp such parts as map iii their judgn1ent require Recrecy ; antl
the year aiid nayr of t h e membcrs of eithtxr E T o u u e , on ally question, shall, at t h e
dclairo of one-fifth of t l ~present,
) ~ be cnteied on the journal
4. Neither Iloiise, dnrriig tlip s ( 4 o n oE Congresq, shall, witlitrnt tlie tonsent o f t h e
other, adjonrn for nrore than three clays, nor to any other place than that i n which
the Houses shall be sitting.
*!ecti6,7 6'.

1. The Scnators and KepresentJives shall receive a compensation for thpir SPITices, to be ascertained by law, ai
I out of the Treasury CJf the Conkderate bthtc".
They shall, in all a y e s , excqlt ti
, felony, and breach of t h e peaw
froin arrest thing tlicAir attenda
the ~ e ~ s l of
o ~tlrc.ir
i
rcspwtirc I
going to and retuinirig troin tliesaine; m i d f o r any byeecli o r debate in
thcy h h a l l iiot 1)c questioned in ally other place.

Peb. 28, 1861.J

PERMANENT CONSTITUTION.

2. so senator or Re reseiitative shall, during the time for wliich lie wafi elec
nIqtoiIlted to any civi? ofice under the authority of the Confe&yate states,
$hall hare been created, or the emoluments whereof shall have been increased during
suc.11 tiiiie; and no person holding any ofice under the Confedemte States shall be a
meinbcr of either Home during his continuance in office. But Congress may, by
lav, grant to the principal officer in each of t h e Executive Departments a seat upon
the floor of either House, with the privilege of discussing any measures appertaining
to his Department.
Section 7.

1. All bills for raising revenue shall originate in the I-Touseof Representatixres; but
the Senate may propose or concur with amendments, as on other bills.
2. Every bill vhich shall have passed both Houses, shall, before it become a law,
be presented to t h e President of the Confederate States; if he approw, he shall
sign It; but if not, he shall return it, with his objections, to that House i n whlch it
shall have originated, who shall enter t h e objections a t large on their journal, a1ld
procced to reconsider it. If, after such reconsideration, two-thirds of that House
shall agree to pass the bill, it shall be sent, together with the objections, to the other
House, by n hic8hit shall likewise be reconsidered, and if approved by tpio-thirds of
that House, it s!iall beconie a law. But in all such cast's, the votes of both Houses
shall be deterirlliied by yeas and m ) h , arid the names of t h e peisons voting for and
againit the b111shall be enteied on the journal of each IIouse respectively. If any
11111 shall not be returned by the President within ten davs (Sundoysexcepted) after
it $hall hare been presented to him, the mine shall be a h ,in like manner as if he
had higned it, nnlws the Congress, by thcir adjouininent, prevent its return; in which
case it shall not he a law. The 1'rcs;tlcnt may w t o anv apDropriation or approprintionn, and approre any other appropriation or apiliopriations in the sanie bill. 111
such cnbes he shall, in signing the bill, designate t h e appr"1)riatioiis disapproved; and
shall return a copy of such appropri:itione, with his objections, to the H o r i ~ ei n M hic%Ii
the bill slid1 h a \ e originated; and the same proctwiingY shall then hc had as in case
of other bil!s disapproved h r tlic Preiitlent.
order, resolutioii or vote, t o which the roncurrence of both Houses may
y, (except 011 a qne*tion of adjournment, ) shall be presented to the Presidevt of the Confederate Shtes; and bt.fore the wne shall take effect, sliall be
approved tiy ~iini;or being disapproved by hirri, shall be rcpassed by two-thirds of
both Hoiiqes, according to the rules and limitations prescribed in case of a bill.

Section 8.
The Congreqs shall have power1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary to
pay the debts and carry on the tiorerntnrnt of t h e Confeederntc States; but all duties,
impoFtq, initl cxcibes shall be uniform throughoat the Confederate States:
2. To boriow money on the credit .of the Confedwtllc?States:
3. To regulate commerce nith forcwgn rtationt, and ainoiig the sewral States, and
w i t h tlic liidiaii tribes:
4. To estabhrh uniform laws of naturalization, and uniform laws on the hubject of
bankruptcies, throughout the Confederate Stater:
5. T o coin moncy, regulate the value thereof anti of foreign coin, and fix the
standard of v eights and nieasures:
6. To provide for the puiiishmeut of counterfeiting the securiticu arid current coin
of the C'vnfederate State<.
7. To cqtablish pst-oRces and post-routes; but the expenses of the Post-Office
Departiiient ,sliall 1 ) paid
~ out of it. own reveriues:
8. To promote the prrggrcss of science and useful arts, b y securing for limited tilnes
to a ~ r t l t o ~
azld
s irlvcntois the exclusive light to tlicir respctive xkritings and discowrieF:

9. To constitute tribunals inferior to the supreme Court:

10. To tlefille allti punlsh piracies and felonies committed on the high seas, and
offense' againfit thcA la\\, of nations:
11. To dcclarc, n ar, grant letters of marque and repriwal, and make rules concerning ca1JturL-so n land and Rater:
12, T~ raise alld support arniiea, but no appropriation of money to that Use shall
be for a longer term than t n o years:
I:<, To provide and nisintain a navy:
14. T~ ,nake rules for the gorerriluent anct regulation of thc. lanil and naval forcsrs:
75
provide for ca]lirlg forth the militia to execute the la.iPS of the C'onfetk'rate
Siatc,s, suppress insurrections, and repel invasions:
16. T~ provide for organizing, :rmiing, and disciplining the militi:i, and for goy-

854

CONVENTION T O FRAME

[Feb. 28, 1861.

in the service of the Confederate

erliing such part of them
ppointnient, of the officers, and the
States; reserving to the Sta
discipline prescribed by Congress:
authority of training tlie n
ses whatsoever, over ~ u c hdistrict
17. To exercise exclusiv
(not exceeding ten miles square) as may, b y cession of particular States and the
acceptance of Congress,: become the seat of government of t h e Confederate Stat<%;
and t o esercise like authority over all places purchased by t h e consent of the legislature of t h e State in which t h e same shall be, for the erection of forts, magazines,
arsenals, dockyards, and other needful buildings: and
18. To niake all laws which shall be necessary and proper for carrying into execution t h e foregoing powers, and all other powers vested by this Constitution i n t h e
Government of the Confederate States, or i n any department or officer thereof.

Xectiun 9.

1. T h e importation of negroes of the African rrzcc, froin any foreign country other
than t h e slaveholtlirig States of the Unitctl States of hneri<.a,is hereby forbidden;
and Congress is required to pass such laws as shall effectually prcvcnt the Pame.
2. Congress sliall also h a r e the power to prohibit the introduction of slaves f r o m
any State not x nieinher of the Confederacy.
3. The priyilepe of t h e writ, of hnh&rts c o r p s shall not be suspended, unless when
in cases of rebellion and invasion the piihlic safety niay require it.
4. No bill of attainder, or ex post fuclo law, or law denying or impairing the right
of property in negro slaves shall be passd.
5. No capitation or other direct tax shall be laid unless in proportion to the ceiisus
or enumeration hereinbefore directed to be taken.
6. No tax or duty shall be laid on articles exported from any State, exrept by a
vote of two-thirds of both Houses.
7. No preference shall be given by any regulation of commerce or revenue to t h e
ports of one State over those of another; nor shall vessels honnd to or froin t h e seaports of one State be obliged to enter, elear or pay tititics in t,he seaports of another.
8. No inonoy shall he drawn froin the Treasury, but in consequence of appropriations niatle by 1x1~;and a regular account of the receipts ant1 espen(litures of all
public nioney shall bo pnl)lishetl froin time to time.
9. Congrew ~ l i u l appropri:ite
l
no mmixy fri)ni the Trc i1i.y n i i l ~ s ist Iic askml and
estimated for hy tlie l'resitlent or so~ircono of the 1ic.a o i Ifcpartnient, 1:scept for
the pnrposeof yayiii::ituo\\.iiesi,ciises I u i d contingenc.ios,o r for t h e px>.nicntof claims
against t h e Confetlcrate St,ates, th o justice of which Iiirs becn jntlicially declared by
a tribunal for the invcstigation of clainis against the (iorernnlent, xhich it is hereby
made t h e duty of Congress to e~tablish.
10. All bills appropriating
cify in Federal c'nrrency the exact
for \\.hich it is 111atle.
aniount of each appropriation
11. No title of nol)ility shal
ie Cunfetleratc Gtatcs; ant1 no pcrson
holding any oflice of profit or
shall, withont t h e consent of the Congress, accept of m y present, enioluiiieiit, office o r title of any kind whatever froin
any king, priricc, or foreign state.

shall issue hat u p i probablc came, su ported by oath or affirmation, and particularly doucribing the place t o be warche(fl and t h e persons or things to be seized.
16. No person sliall be held to answer for n capital or otherwise infamous crime,
unless on a prescntiiiwt or indictnicnt. of a grand jury, except in cases arising i n t h e
land or naval forces, or in tlie militia, when in actual service in time of war or public
n be subject for the same offense to be twice put in jeopcoinpelled, in any criminal case, t,o be a witness against
life, liberty, or property without due process of law; nor
shall private propert
ken for public use, without just compensation.
utions, the accused shall enjoy t h e right to a speedy a n d
1 jury of the State and district wherein the crime shall
gave been conimittcd, which district shall have been previously ascertained by law,

Feb 28, 1%1

PERMANENT CONSTPJUTION.

855

ed of the nature allcl cause of the accusation; to be confronte(l IVith

illst him ; to have coni~~ulsory
process for obtaining \vitncsses in his
e the assistance of counsel for h@defense.
18. In suits a t coinnioii la\\, when the yalue In controversy shall exceed tffellty
dollar%the riglit of trial by jury shall be preserved; and 110 &tt tried by $; jury stlall
o t h x ibe reexamined in any court of the ConfedcRtcy,than ac(lor&ng to the rtiles
of the coiiinion law.
19. Excessive bail shall not be required, 1101: excessive fines illlposed, 11w cruel iuitl
unusual punishment inflicted.
Section 10.
1. S o State shall enter into any treaty, alliance, or confederatioil; grant letters of

!nsrcpe and reprisal; coin money; make anything but gold and silver coirt a tentler
111 1)") iiient of debtu;
Y bill 01 attainder, or expoitftr('to h v , or law iinpairing
tlie obligation of cont
i p a n t any title of rioi)iliiy.
2. I'io State shall, xithout the consent of the Congiesu, I:LJ an! intpobtb 01 t1utit.s
oii iiiiports or exports, except \\lint inny be absolutely neceszary for exrcrltilig its
inspection lams; and the net produte ot all dnties and imposts shall be for the t1he of
tlie Trc>asur>of the Confederate St'ttw; and all such laws shall f)e subjrct to the
re1 ision and control of Corigresi.
3. So State shall, without the cwnsent of Congress, lay :my d u t y of
troops or sliipu of Tvar in time of peace, enter into any sgreouicnt or
nriotlicr State or with a foreign poa er, or engage in ~ a r unless
,
ac.tu~l
i n such iiriininent danger as will not adinit of delay. But wl~eiiany ri
fiows through t\io o r more States, they may enter into cwmpact.: \;it11 rxc.11otlrchr to
improve the navigation thereof.
AKPXLE 11.

,Yection 1.
1. The executive pon er dial1 l r x esletl in a Prrsidrnt of thc Confedcrate States of

America. He shall hold his of5c.e during the teriii of six years, and, together with
t h e Vice-Pre~identchosrn for the same term, be elected as followh:
2. E1':ac-hState shall appoint, in such inariner as the lcgislatrire thermf n i a y direct,
a number of electors equal to the whole number of Senators arid Kqireserihitives to
which the State may be entitled in the Congress; but 1x1 Sonstor or Itrprcscntutive,
or prwori holding an offire of trust or profit under the Conledcrate Statce, sliiill be

number shall be necessaiy to a chowe.

5. But no person constitutionally iiielig11)1(~
t o the office of Frcsidentshall t)r rligible
to that of T'ic*e-President of the Conktler'xtc Statw.

856

CONVENTION TO FRAME

[Pel]. 23. 1861.

6. The Coxrqlcss iiil~ydetermine the time of choosing tlic elecstors, aiitt the d a y on
which they shall give their vot6s; which day dixll be the mine throughout the Confederate States.
7. No perqon cxccpt a natural-born citimn or a citizeii of the Confederate States
at the tinic of the adoption of this Constitution bhnll be eligible to the office of Iiesident; neither shall aiiy Iterwii b~ eligible to that oflice
to the ageof tliirtv-fi~e)ears, a i d beeii fourteen years a
the Confederate States, as the) iiiay eui.t a t {lie time ol
8. In cabe of the rcnio\al of the Iiebidciit fruiii office,

froin the Confederate Stntcs, or any of t i x w

10. Before he enters on thc execution of his offiw, hc s l i ~ l ltaktl the folloning onth
or afiiriiiation:
1 do solcinnly swear (or affirm) t h n t t 11 ill faithfully execute the oifi
dent] of the Confederate States, and IF ill, to the bmt of my ability, prew
and defend tho Constitution thereof.
s f r * t i o n 9.

1. The Presiclent shall be Conimandcr i n Chief of the Army and Navy of the Con-

duct, or neglert of duty; ~ i i nd II(LIIsorcmovrd, tlic renioi a1 ~ l i a l lbe rqmrted to t h e

Senate, togrtlicr with the rwmiiq thctrt1foi
l i c k t h a t m a y happen duririg the
slrall expire at the end of their
shall br reappointed to the same
511

k f M m j.

Jcection 4.
7 . Thc President, Vicc-Presiileiit, and ail (*itil offi ers of the Confederate States,
shail I)c ~ciiiovcdfrom offic-con iriipcachniriit, fui and oiivictiori of, treason, bribery,
or other liiyh crimes and misdeoieaiiois.

Feb. 28,18G1.]

PERYANENT CONSTITITTION.

857

ARTICLE 111.

Section I .
1. The ludlcial power of the Confederate States shall be .i.ested in one Supreme
Court, 2nd in such inferior court9 as the Coiigress may, froin time to time, ordain and
establish. The judges, both of the Supreme axid inferior courts, shall hold t}leir
offices (tliring good behavior, arid shall, a t stated times, recaive for their services a
(*oIiiperisation,which shall not I w clnniiristletl (hiring tllrir c.ontinna~lcein office.
Section 1.
1. The jndieial power shall extend to all cams arising under tho Colitltitation, the
laws of the Confederate States, antl treaties made, or which shall be made, uniler tlieir
authority; to all cases affecting ambassadors, other public ministers atlit consnls; to
all cases of admiralty and maritime jurisdiction; to controversies to wllich the Co11federate States shall be a party; to controversies between taro or more St:itcs; 1
a State and citizens of another State, where the State is plaintiff; between cit
ctifferent States; between citizens of t h e same State claiming lands under grants of
different States; and between a State or the citizens thereof, and foreign Sbtes,
citizens or subject.; but no State sliall be sued by a citizen or subjcct of any foreign
State.
2. In all cases affecting ambaisadors, other public ministers and consuls, ant3 those
in which a State slid1 be a party, the Supreme Court shall have origiiial jurisctictioii.
In all the othcr cases before mentionen, the Supreme Court shall have appellate jiiris(tiction, both as to law and fact, with such exceptions and under such regulations as
the Congrew &hallmake.
3. The trial of all crimes, except in cases of impeachment, shall be br jury, and
surh trial shall be held in the State where the said crimes shall Iiaw been conmittetl;
but when not coniirijtted mithin any State, the trial shall I)c at well place or places
as ttic Congress may by law h a w directed.
Aedioii .i'.

1. Treason against the Confederate States shall consist only in levying war against
thcin, or in adhering to their enemies, giving them aid and comfort. No person
shall lw convicted of treason unless on the testimony of two witnemes to the same

overt ac t, or on confession in open court

2. The Congresg shall hare power to ctccLlar(b the puriishnient of trrawir, but no
attainder of treason shall work corruption of blood, or forfeiture, except during the
life of the person attainted.
ARTICLE IT'.

Section 1.
1. Full faith and credit shall he given in each State to the public acts, records, and
judicial proceedings of every other Skate. And the Congress inay, by general laws,
prescribe the manner in which such acts, records, and proceedings ?hall he proved,
and the effect thereof.
Section 8.

1. The citizens of cach State shall be entitled to all privileges antl immunities of

citizens i n thc scveral States.

2. A person charged in any State with treason, felon or other crime against the
laws of such State, -vc.hoshall fiee from justice, and be Cund in another State, shall,
on dcrllanil of the executive authority of the State from which he fled, be delivered
up, to be retarned to the State haviug jurisdiction of the crinir.
3 S o person held to service or labor in one State, under the laws thereof, escaping into another, phall, in consequence of any law or regulation therein, be discharged
frolll su(.h service or labor: but he shall be delivered up on Claim of the party to
whom such service or labor may be due.
Section 9.

1. New States illay be admitted by the Congress into the COllfede~acYby a vote of
two-thirds of each House; but no new state rliaIl be formed or erected within the
jurisdiction of any other State; nor any State be formed by the junction of two or
ll,Ore States, or parts of States, without the consent of the legislatures of the State8
roncerned, as well as of the Congress.

858

CONVENTION T O FRAME

[Feb. 28, 1861.

2. The Congress shall have pol5 er to dispose of and niakc all needful rules and regulations concerning the lands or other property of the Confederate States.
3. The Confederate States may acquire new territory; and Congress shall have
power to legislate aiid provide governinriits for the inhabitants of all territory belonging t o t h e Confederate States, lying without the limits of the sevrl a1 Stateu; aiid may
permit them, at such times, and in such manner as it may by l a \ t ~pro\idc, to foriii
Statestobeadmittedinto the Confederacy. In all such territory, so long as it remailis
in a territorial condition, the iiistitatiori of negro slavery, as it now exists in the
Confederate States, shall be recogniLed and protccted by Congrcbs antl h y the territorial government: and tlie citiecns of thc Confederate S B t w shall have the right ta
take to swh territory any slaves lawfully held by thein iii any ot the State* or Trrritories of the Confederate States.
ARTICLE V.

8ection 1.
1. Upon the demand of any three States, legally avrmblccl in tlicir several conventions, the Congress shall summon a convention of all the Stater, to take into coilsideration such amenrlments to the Conititntion a-i the bait1 States shall concnr in

AllTTIC1,E T I .

1. This Government is t h e successor of the Pro-\.isionalGovernment of the Confederate Shtes of hnerica, and all the laws passed by the latter shall continue i n
forw until tlip miiic' ale I
I d 01'iiiodifietl; ant1 all t k officers appointed by the
8ame s h d l remain in offic
ti1 thvir CU(Y e \ s o i b it' appoiiitt~land clualified, or the
oflives ab,oli>lietl.
ric.iit.1 c r i t c . i c ~ 1 i n t o 1)c.forc. t l i c > adoption o f this
2. A11 debt8 tontrac led niitl CI
Coiistitntioii liti ill hc a8 .r>~Iitlag'
hc, Contc~lcratc.St,itc.q niit1t.r this ('on.titrition,
as nnder the Provivonti) ( : o ern
~
3. Til(. Conf<der:itc htatcs rec.ognii.e their ultiixite li,ibilit> i ( ~hri i ~ l proportion
i
of
the tlcbts contracted by tlic United Stiites of i\nieric:t
r to the tficiitietli clay o f
Novcwibcr [Deceiiihcr')j, eighteen hiindrcrl ant1 sistv,
tiori of tlith C'onietlcrtite Stntw h r c to the c n t i r c k w p r
tat1.r c lmpnlation ot the
Unitvtl St:itc.s sccordiiig to the I s 4
4. The (:onbtitution, ant1 Llic. la
vler,ttc hlittcli 17 liitli slid1 be made
in p : i r s u m ~ *thcrwl,
~
and d l trc
whit11 i l i a l l 1~ iiiatle, iintlcr the
authority ot the Coiifct1tr:~tcStntos, sliall he the snprcwicx la\\ of 111
eby, anytliiiig i n the ('011
judgcw i i i t w ~ fitate
y
slid1 bc, hou1

.fore nicntioiied and the iiitwbeis of 1he

cwtivc and jndici,il o!Ticvi,u, hotli ol the Uonfetlxc, ilia11 1)e b ~ u i i t by
l oath or aftirniation to support tlit. ('oncrtitution; I)ut no rcX1igion.i t e s t sh:dl ewr I)c required a5 R qualification
to X J I V ollicc~or p i i l ) l ~ ctm.1 initlvr tho Confederatc Statclr.
icration, iii tfic Constitnt~oii,of c*ertain riglitq, shall i i o l IN, construed
ar'igt. otlicrs retaiiictl by tlrr people
rs not tielegated to the Confedrratc States by tlic, Constitution, nor
prohibited b y it to thc State&,:ire rcvervrd to thc States, rwpectirely, or to the
people tliereof:
AIlTlCLE VIJ.

1. Thc ratification of tliv con\ ention- 01 five States shall be sufficient for tlie establishment of this Constitution bctwceii the States so ratitynig the Game.

Mr. Harris moved to tmcrid the prcarnhlo by striking out the same
and inserting in licu thercof tlw following, to wit:
We, tlic people of the Conledci
tates of America, in order to form a permanent
federal go\ crnnrent, establidt j u
insnrr donirlstic tranryiillity, and secnre t h e
hlcpsings of 11l)crtyto ourselvcs anti onr ,ostc.rity-iarokinrr
the favor antl guidance
of hliiiighty (iotl-do ordain arid c,ital)liili t h i i ('oiictitntion.

Feb 28, 1861 ]

PERMANENT CONSTITUTION.

859

Mr. Withers moved to anicnd the amendment by striking therefrom

the words We, the people of; which motion W ~ Ylost.
Mr. Hill lnoved t o amend the amendment of &fr.IIarris by striking
out the same and inserting in lieu thereof thc followir~gwords:
Thc States of Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina,
anti Texas, in order to form a permanent federal government, establish justice, insure
tlonlestic tranquillity, and secure the blessings of liberty to onrsrlves ant1 O L I ~postcwty-invoking the favor of A!niighty God-do ordain a1~1
eshblish this Collstitntion for the Confederate States of America;

which motion was lost.

MY.Smith moved t o amend the amendment by inserting between
the words WTe, the people of and the words the Confederate
States the words each of.
The motion prevailed.
Mr. Chilton moved to amend the amendment by striking ont the
baiiie and inserting in lieu thcrcof the following words, riz:
s of h m i c ~ n each
,
State acting, for i t d f in its sovereign and

order to form a permanent iederal government, establish

tranquillit) , and to secnre the L)lcssinps of liberty to t heii
favor and guidance of Almighty G o d - d o ordain and estnb-

11

Hill, the preamble was amended hy striking out

these words, yiz: . for itself, and.
The question then recurred on the motion of MY. Chilton to ninelid
the amendment of Mr. Harris; which TVRY lost.
On agreeing to the amendment offered bv Mr. Harris, the votc was
taken by States and is as folloms:
Yen: Louisiana, Mississippi, and South Carolina.
Nay : Florida, Georgia, and Toxaq.
Alabarna divided.
The motion was thcreforc lod.
Mr. Col~radinoveil to amend thc prctmhlc hy iusertiirg after the
word L b Stateq. v~Iiercit first occiir,~,the words o f Arnerica.
The motion was lost.
On motion of hlr. Harris, the prearrihlc was arncwtled by hti*il<ingout
tile words t o wliic.11 elids we invoke and inserting in lieu tliweof
the word invoking.
The preamble as amended reads as follows, ~7iz:
of libcrty to o u r e s i l m

Mr. Kisbct ulovcd to :unend tlic first (aliLLis(>of ihcl second section 1);y
inhcrtirlg after tho T V O I X ~ Stxteh, where it first occurs, tho words
C L electing by general ticlcet; which motion W ~ lost.
S
&lr.il/3(,runlirlgei.llloved to ainmd the same clause I).v adding the fdlowing word.;:
7

of any one of the Confederate States shd1 bt. (lwnwd a

E~~~~~
free wklitc
citizen of thc Confrderatti States.

~ 1 ~ ~ .; lnovecl
~ to~amend
~ thegamendment by striking out the
inserting jn lieu thereof the following words, viz:

same

E~~~~free jvhite person who i h 2~ c i t ~ ~ eofn any one of the COnhderate States at the
tillle of its ratification of t h i s ~ o m t i ~ i i t i oand
n , every person born of parents dam-

860

CONVENTION TO FRAME

[Mar. 1, 18bl.

icilect in any of the States or Territories of t h e Confederate Stateq, shall he deemed a

citizen of t h e Confederate States;

which motion was lost.

Mr. Cobb moved to amend the amendment by striking out the same
and inserting in lieu thereof the following:
All free white citizens of the several States forming this Confederacy at the time of
the adoption of this Constitution are hereby declared citizens of the Confederate
States. And all persons hereafter declared to be citizens by any one of tlio States
(except aliens or persons h w i n g one-eighth or more of African blood in thcir \ eiiia)
shall be citizens of the Confederate States.

Mr. Walker moved to lay the amendment of Mr. Menimingcr nnd

the amendment of Mr. Cobb to the amendment on the tahlc.
Pending discussion thereon,
Mr. Stephens moved that the Convention take a recess until 7.30
oclock p. m. The vote thereon being taken by States is as follows:
Yea: Georgia, Louisiana, and Mississippi.
Nay: Alshizma, Florida, South Carolina, and Texas.
So the motion was lost.
On motion of Mr. Harris,
The Convention resolved itself into Congress.

FRIDAY, MARCH1, 1861.

Congress having resolved itself i n Convention. proceeded t o consider
the untinished business of yesterday.
Vhc question being on the motion of &!!r. Walker to lay the pending
amendnients on thc table, the motion prcvailed.
Mr. \Y:inl nioved b o :Lrnend thc first cl:irise of thc stxond section by
striking thcrofrom tho words shall b o citizenh of the Confederate
States and inhert in lieu thcreof the wordb
phall he citizens of such State, ant1 shall have resided
of thc Confederate States;

years within thr liiiiits

which was lost.

Mr. Will moved t o amend the same clause by striking thcrcfroni ttic
words I)c citizens of thr, Confederate States, :md and add :it tlic
end of tht. clmisc tho words
but 110 persori being of Africm tiescent, or being alien born ant1 unnaturalized, shall
bv qn:ilitied ai: an clector i n any State.

Mr. Walker moved to lay tkic amendment on the table.

After some discusbion thereon,
MI..Curry dcinnnded the question; which was seconded, and thc
motion to lay on the table prevailed, thc votc being tttlten by St:tteq.
as follows:
Yea: Alabama, Florida, Georgia, Louisiana, Mississippi, South
Crirolina, and Tesan.
Nay: None.
Mr. Marshnllmoved to strike from the same clniisc the words 2s
they occur, to wit: b e citizens of the Confederate States, and;which motion was lost.
The second clause of the second section of the first article being as
follows:
KO persoii shall be a Representative. who shall aot h a r e attained to tlie age of
twtmtv-Avc ~ P : I I * , and bci LI citizcii of the Confxlrra
elected, t)e iiii inha~)itant<If tti:it Stxtr i s ; \I 1iic11 l i c A

Xar. 1,1861.1

PERMANENT CONSTITUTION.

Mr. Hill moved to iiniend the same by striking. therefrom the 1vol-d
.he, where it occui-s tho second time, and inserting in lieu thereof the
m o d s been seven yeare; which was lost, the States voting 8s
follows:
Yea: Alabama.
Nay: Florida, Georgia, Louisiana, Mississippi, South Carolina, and
Texas, 6.
Mr, Conrad moved to aincnd the same clause by st,rilrillg out tlkc
words b e H citizen of the Confederate States and inserting in lien
thcreof the following words:
been ~ c v e iyears
i
a citizen of the Cmfederate States, in estimating mhicli tiiw, citi/enship of the Tnitecl States previous to the twentieth day of. December, riphtrcall
hundred and sixty, shall be included;

which motion was lost, the States voting:

Yea: Florida.
Nay: Alabama, Georgia. Lollisitma, Mississippi, South Carolina, :wd
I cxaj.
A t the instance of tho State of Louisian;~,tlict yeas arid nays of the
cntire body were called for and recordcd :is follows:
Alabama-Yea: None. Nay: Messrs. IVallter, Smith, Curry, Chiltori, Hale, McRae, Shorter, Lowis, and Fearn, 9.
Florida-Yea: Mr. Morton. Xay : Xlr. O w ~ n h .
Georgia- Yea: Messrs. Hill and Kenan. Nay : Mcbsrs. Toonibs,
Ilowcll Cobb, Bartow, EisheL, 7.12. R. Coblu, and Stcphcns.
Louisiana-Yea: Slessrs. Conrad and Kenner. Nay: Mew-s. Dc
Clouct, Sparrow, and Marshall.
ililisbissipyi-Yca: None. Eay : Messrs. Harris, Brooke, M7ilso~~,
Clayton, Barry, and Harrison.
South Carolina-Yczt: None. Nay: Messrs. It-hett, 13:wnwell, Keitt,
Chesnut, Memminger, Miles, and Witlwrs.
Texas-Tca: None. Nay: Messrs. Waul, Grogg, and Ochiltree.
The third clause of the second sectioti having bccn reportctl,
3fr. Kcitt tnorerl to & la therefrom the first scntence, it being in
thc following words:
r .

ltcpresentatires and direct taxes sliall he apportioned ai11011g the several Slates,
which may he included \c ithin this Confederacy, according to thcir respectivc numibers, \\ hich shall he determined, by adding to the whole nuiiiber of free persons,
inclilding those boiind to service for a term of years, and excluding TJldianS not
taxed, three-fifths of all slaves,

And insert the following words in lieu thereof, to wit:

Representatiues and direct tnx1.s ?hall be apportioned among ttiv scverd States
according to their rcJspectivenuniberu, excluding Indians not tawd.
~ f rStepliens
,
moved to t&ea rcccss until I.%) ocl0~1~
1). in.; wliich

was lost.
JlIr. Stephen.; derriandcd the qucstion on the iimertdnlc?ntoffered I)j
Keitt; Mrhich wa.; seconded, and thc motion to anrend Mw ngl(ed
to, the States voting as follows:
Yea: Florida, l,oijj\i:lIia, Mississippi, ;ird Sollth Calolina, 4,
Kay: Alabama, Georgia. : ~ n dTexas, 3.
The Con\Tentioii resolved itself in Congress.

862

CONVENTION T O FRAME

[>Par. 2, 1861.

SATURDAY, MARCH2 , 1861.

The Congress having resolred itself in Convention,
Mr. Stephens moved to reconsider thc vote I)y which the amendment offcrcd by Mr. Keitt to thc third clause of thc second section
was agreed to.
After some discussion thereon,
On motion of Mr. Kenner, the further considcration of the rnotioii
to reconsider and the consideration of the whole of the said clause WI*
postponed f o r the prcsent.
The fifth clause having hem read as follows:
The House of Representatives shall chooic tl>c.it B1vakt.r arid other officwu; and
shall have the sole p w e r nf impexrhment.

Mr. Gregg m o w d to ainend the m n e hy :Iclcling thcreto the following words, to wit:
except that any jndicial o r other Fetleral office1 , resitleiit and a(tirip wlcly 1% itliiii
the liiiiits ot any State, ma2 be inipcachcd by x 7 otc of t n o-thircls of both branches
of the legislature thereof.

Mr. Conrad moved to aiuend the aniendnicnt by striking out the

same :md inserting in lieu thereof the folloFing word$, 1%:
Hut it the legislature of a State sliall, b y a vote of tno-thirds ot each branch, and
approved by the executive, charge any jiipgc, district attorney, niarshal, or other
Federal officer, resident and discharging his duties 1%
ithiii si~1iStdte, \\ ith crimes
or inisdeirieanors, and qwcitying ttic wile, siicli ch;u g ( h~i l l be ttietl b y the Senate
in the same miiiiier as if snc.11officw had been iinpcwhed t)y thr IIouse of Representatives, arid the ofticer shall, if fouiiti gnilt) , be removed froirl oflice.

Mr.Stepliens dciliaiiclcd the qiwstion: wliicah was src~)ntlcd,and Air.

Conrads motion W:LS lost.
Mr. Chilton movcd to anirnd the : i i i i c d r n c L r i t I)! drilting out the
st~iiie:md inserting in iicu thereof the following:
RLITarticles of inipeac.hiiiont of any ofliccr whew
within :iny Statcx niay h(. prcwntcd, !)y a iliajot
asscmbl y of such Statc, to tlirx Senatr of the Confrc
have the power to eniploy connsel to prosccutc. sii(

Mr. Stephens deiriaiidcd the question; whicli \vas sccondcd, :ind thc
motion of Mr. Chilton was lost.
On t h e question on agreeing to th r ~ ~ ~ n rn d rrien
of tMr. Grcgg, Mr.
Sbophcns dctmrided tho question.
Plw cl~111andwas seconded.
The vote h:wing becn talcen by Statcs, the motion to amend prcrtiilrd iiii:~nirnoiisly.
M u . I3oyco moved t o niiicnd th
me clause by inserting :iftei*tlic
word Hpeakcr Y the words
by x iiiajority rotc; but :iftw f i r e ti,
no election, :I plurality votc shall

Mr. Miles moved t o ;~niclndtlic amciidinont b,v slriliing out all cxccpt
the urords by a niajority \Tote; which motion wds lost.
The rtiotiori of MI.. I3oyc~was also lost.
The clause as xincndcd reads RR follows:
The IIouse of Kepresentativcs

all choo>e their Speakrr m t l other officers; aiid

Mar. 4, 1361.1

PERMANENT CONSTITUTION.

The first clause of the third section having been read as follows:
The Senate of the Coilfederate States shall be composed of t-70 selyatom froin eacll
fitat?, & o w l for
years by the legislature thereof, a t the reRul:+r sessioll nc,xt
irniriediately preceding the comrncncemcut of the term of service; alld each Senator
shall have one vote.

Mr. Sparrow moved to amend the same by striking out the tvord
t w o and inserting three in lieu tliereof.
T h e vote having hccn taken by States is as follows:
Yea: Louisiana.
Say: Alabama, Florida, Georgia, Mississippi, South Carolina, and
Texas.
Yo the iiiotion was lost.
111.. Hill moved to miend by styiking out the word two and
insciting in lieu thereof the word one; which niotion \fils lost.
111. 1ZeagRii mo\ ed to amend by striking out the words two Sentors rind inserting in lieu thereof the words three Senators until
the nuiiiber of States shall reach ten; which motion was lost.
The third clause of the third section having bocn read as follows:
S o person shall be a Senator n ho shall not Iiaw attained to the age of thirty
years, and be a citizen of the Confederate States; and who shall not, when dccted,
be an inhabitant of the State for which he shall be chosen.

M r . liili moved to amend the sanic by striking out from ttw words
b e a citizon the IT-ord be and inscrt in lieu thsreof thc words
( 6
been nine years; which motion mas lost.
The seventh clause of the third sevtion having been read RS follows:
( 6 Judgnient in cascs. pic.
(Fourth p q e o f Constitution.)
Mr. Hale moved to itmend thc samc by striking out the words
liable and.
The motion was lost.
The second clause of the sixth scction having been read as follows:
T o Senator o r Itcprcsentuti~-c,ctc. ( h g r 6.)
Mr. Too111bsmoved to anicnd the saiiio by inserting after tkc words
<<
continuance iir office 9 the words:
except snch cahief ofticer of car11 13xeci1tivc I)cpartment, who may be elected to
either hrantli of (hnyress after his appointment to such ofice.

MI.. Smith inorrd to amend the aiiiendrrient b y striking out tho siinl(:
arid inserting in lieu thereof the words:
except this prohibition shall not extend to a rncinber of tllc IIouqc of IZcpreficrrtatives, provided he shall be electetl or reelectcd to thc Houec after accepting said
office, and before entering upon the saiae.

Pending discussion thereon Convention resolved itself in CongrCSS.

~

JfONDAT,

MABCI

4,1861.

~ 1 Co1lpress
~ e
being in Convention, proceedcd t o thn urlfinished
business of -Saturday.
T h e question being on the motion of Mr. Smith to amerid thc amendment of Mr.Toombs, Mr. tooinl)s wi thdrcw his arnenciment.
Mr. SteDhens moved to amend by striking out the sald secontl c.lnuse
of the six& section.
The motion was lost.
Y

aSo recorded in the Journal. For full text of the claoscs referred to, see pp. 852,
853, respectively.

CONVENTION TO BEAME

864

p a r . 1, 1861.

The second clause of the seventh section having been rend, and the
following sentence occurring therein :
The President iiiay veto any appropriation or appropriations, and approye any [other]
appropriation or appropriations iii the same bill.

Mr. Withers moved to amend the same by striking out wherever

they occurred the words or appropriations.
The motion prevailed.
On motion of A h . Conrad, the same was amended by striking out the
word veto and insert in lieu thereof the word disapprove, and
the sentence as amended rcads as follows, viz:
The President may disapprove any appropriation and approve any appropriation in
the same bill.

The first clause of eighth section having been read as follows:

T h e Congress shall have power, etc. (Page 8.) a
Mr. Rhett inovcd to amend tlic same b j inserting after the words
the Government of the Confederate States; but the ~ o r d s
no bounties shall begranted froiri the Treasury; nor shall aiiy duties or taxes on iniportations from foreignnations be hid to foster or proniote any hraiicti of industry; and.

Mr. Nisbet nioved to arnend the amendment by striking out the same
and inserting in lieu thereof the following:
no bounties shall he granted from the Treasury; iior shall any dutiefi or taxes on
importations from foregn nations he laid exclusively to foster or promote any branch
of indubtry a t tl-ic expense of any other; and.

Mr. Hill moved to lay the amendment and the ameiidment to the
ainendnicnt on the hblc, aid demanded the question; which was seconded, and the votc on the motion to lay on the table having been taken
by States i > tis follows, to wit:
Yea: Georgia : ~ n dLouisiana.
Kay : A l a h n a , Florida, South Cmoliiia, and Texas.
Mississippi divided.
The qiiestiion recurring on tlia niotion of M r . Kisbet, the sainewa.: lost.
Mr. 1i;eitt morecl to riinerrd the mi(wdiiiCnt of Mr. ithctt hy inaerting :iftor the .word Prcasur~the words
nor shall Congress have power to protect or foster any branch of in(lnstry by the
levying of taxes or dnties.

The inotioii m s l o h .
Mr. Milcs iiiovcd to arncnd the mncndnlent of Mr. fihett by striking
out tlic siiiiic itrid inht~rtingin lieu thercof the following words, to wit:
110 (luty, iinpoxt, or cxvise s M l he levied n ith a rirw to the protection of any individual intcwat, pursuit, or occupation in preference to or a t t h e expense of another.

M r . Citrry derrianded the qixcstion; which was seconded, and the

vote

hiLVit\R

I)WII t:Lkcn hy States is as follows:

Yea: (koi*gi:t and Louisiana.

Nay: . A l > ~ h t i 1 i \ ,Floridn, Mississippi, South Ctirolina, and Texas.
So tlre niotion W ~ L H lost.
Mr. T\ileinniing:.c~is
111ovcd to amend thc anwndnicnt of Mr. Rhett by

striking out the S : L I ~ Cand insortJingin lieu thereof the following words:
and 110 duty, impost, or excise sliall he laid, neither shall any appropriation be made
to foster or promote any branch of iiidustry.

Mr. Kcitt demanded the question; which

motion was 1oSt.
(I

So recorded in the Journal.

WRS

seconded, and the

For full text of tho clause referred to, see p. 833.

Nar. 5, 1861.1

PERBfAMENT CONSTITUTION.

865

Jh.JTithers moved to amend the amendment of Mr. Rhett by

htriking out the same and inserting in lieu thereof the following
n7orili:
no 1JOllntyS.ha11 h P granted, nor shall any impost duty or excise be laid and collec&
on iirlports or export9, with the intent to encourage by discrimination any form of
industry or labor.

Jlr. Keitt demanded the question; which was seconded, and the
motion was loit.
. Rhctt demanded the question on his motion to amend; which

the demand of Mr. Conrad, the question was divided, and the
firit proposition, to wit, to strike out, was agreed to.
On the questiori or1 agreeing to the second proposition of the amendment, viz, to insert, the vote was taken by States and is as follows:
Tea: Alabama, Florida, Mississippi, South Carolina, and Texas.
Say: Georgia and Louisiana.
cond proposition of the amendment was agreed to.
nrad iiioved to amend the clause then by striking therefrom
the following vords: necessary to pay the debts and carry on the
GOT-ernment of the Confederate States; which motion was lost.
On motion of Mr. Curry, the same was further amended by insertiiig after the FTorc-ls necessarj to ay the debts the following words
to \Tit: * * provide for the common efense, and the clause as amended
reads as follows:

t;

The Congress shall h x e power-

excises, for revenue necessary to pay

carry on the Government of the Contes; b u t no bourities shall be granted from the Treasury; nor shall any
ions be laid to foster or promote any
excises shall be uniforin throughout
the Confederate States.

The third clause of eighth section having been read as follows:

To recrulate co~n~iierce
with foreign nations, and among the several States,arid with
the I n d k n tribes.

311-. Toombs moved to amend the same by adding the followiitg

words:
tlut lieither thic, ilor any other clause contained in this Constitution, shall ever be
construed to delegate the power to Congress to appropriate money fcr any internal
improvement intended to facilitate commerce.

Pending discussion thereon, Convention resolved itself in Congress.

TUESDAY, MARCII6,1861.
The Congress having resolved itself in Convention, proceeded to the
consideration of the Constitution of the Confederate States of America.
Xr. Conrad moved, as a standing rule for the Convention, that any
member can move a reconsideration of any vote taken by the Convention.
The motion nras lost.
T h e pending question being on the amendment of Mr. Toombs, Mr.
Kenner moved to ainend the nitlendillent by adding thereto the following words: to wit:
unless said appropriations be for the purposes of keeping open the mouth of the
Xiseissippi River.
C J-VOL
1-0-5

866

CONVENTION TO FRAME

[Mar. 5, 1861.

Mr. Smith moved to lay the amendment and the amendment to the
amendment on the table.
Mr. Stephens demanded the question; which was seconded, and the
vote having been taken by States is as follows:
Yea: Alabama, Louisiana, and Texas.
Nay: Florida, Georgia, and South Carolina.
Mississippi divided.
So the motion was lost.
Mr. Withers moved that the consideration of the said third clause
of said section and the amendments proposed thereto and the amendment proposed to the amendment be postponed for the present, and
the vote thereon having been taken by States is as follows:
Yea: Alabama, Florida, Georgia, and Texas.
Nay: Louisiana, h!Cississippi,and South Carolina.
So the motion prevailed.
The fourth clause of the eighth section being RS follows:
To establiPh uniform l i w s of naturalization, and uniform laws on the subject of
bankruptcies, throughout the Confederate States.

Mr. Miles moved to strike therefrom the words as they occur uniform laws of naturalization, and; which was lost, the States voting as
follows:
Yea: South Carolina.
Nay: Alabama,Florida,Georgia, Louisiana, Mississippi, andTexas, 6.
Mr. X7ithers moved to amend the same clausr hy striking therefrom
the words and uniform laws on the subject of bankruptcies; which
nioliori was lost.
On motion of Mr, Barry, the clilusr, was amended by adding thereto
the following words:
but no law of Congrcss shall discharge any debt contracted bcfore the pzesago of the
same.

Mr. Gregg moved to further amend the cIausc by striIting out the
sarne and inserting in lieu ihereof the following:
To establish unifonii l m s on tlie mbject of hankmptcits, and, b~ a vote of twothirds of both IIouses, it nniforin rule of naturalization throughout the Confederate
States;

which motion was lost.

Mr. Mmniingeu moved to aniend the sameclause by adding thereto
the following words:
and no alicn atl~nittetlto br :I cvtiecn by the laws of any of the States shall he dceined
:i titi zcn of the Coiiteiterate States nnless naturalized according to the laws enacted
by thc Congress.

MY. Stephens nioved to lay the amendment, on the table and

demanded thcreon the question.
Tho quc\tion W:LS hecondcd, and the iiiotion to lay on the t;tblc prcvailed.
Mr. JVithers nioved to iLlncnd the s a m ~clause by inserting sftcr the
word bankruptcics the words iollowing, to wit:
in respcct only to parties litigating, or cases pending, or judgments obtained in the
courts of the Confederacy;

which motion was lost.

Mu. I3arry oftered the following as a separate clause to the section,
vix :
biit no alien not naturalized according to the Ian s of the Confederate States shall be
allowed to vote for any office, civil or political, in any of the States.

Mar. 6, IhSI.]

PEEM4NENT CONSTITUTION.

Mr. Stephens moved to lay the amendment on the table and deman
thc question; which was seconded, and the motion was lost.
The question recurring on the motion of Mr. Barry to amend, t
same was agreed to, the States voting:
Yea: Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas.
Nay: Sonth Carolina.
The fourth clause as amendcd is as follows:
To establish uniform laws of naturalization, and uniform laws on the subject of
bankruptcies, throughout the Confederate States; but no law of Congress shall discharge any debt contracted before the passage of the same; but no alien not naturaiized according to the laws of the Confederate States shall be allowed to vote for any
office, civil or political, in any of the States.

Mr. Cobb offered the following as a separate clause, to come in after

the fourth clause, vie:
To define the terms of citizenship in the Confederate States: Rovided, Congress
shall never deny the rights of citizenship t o any free white citizens of the several
States, nor grant the rights of citizenship to other persons to whom the same are
denied b y the several States;

which was lost, the States voting:

Yea: Florida, Georgia, and South Carolinn, 3.
Naj7: Alabama, Louisiana, Mississippi, and Texas, 4.
The scvcnth clause being as follows:

To establish post-offices and post-routes; but the expenses of the Post-Office Department dial1 be paid out of its own revenues.
On motion of Mr. Miles, the same was nriiended so as to read as

follows:
To establish post-offices a i d post-routes; but the expenses of the Post-Office
Department shall, after the expiration of two years, be paid ont of its own revenues.

Mr. Brooke moved to amend the same clause by strilring therefrom

all except the words To establish post-offices and post-routes.
The motion was lost.
The eighth clause being as follows:
To promote the progress of science and iiseful arts! by securing for limited times
to authors and inyentors the exclusive right to their respective writings and discoveries.

Mr. Halt moved to amend the same by adding thercto the following:
but Congress ?hall not be anthorizetl to grant such cxclnsive right to inventors for
a longer time than fourteen years, nor shall it grant any renewal or extension of any
such right to inventors.

%Ir.Harris cleiiianded thc question; which was seconded, and the

motion to amend was lost.
Mr. Wit,hcrs moved to amend the ninth clause of said section,
which reacl as follows: Lo constitute trihnnals inferior to the suprcnie
C O U ~ ~by, adding thereto the following words: )rosidcd, No State
court shall be constituted such.
The motion was lost.
The tenth clause having becii read as follows, to wit:
TO define aild punish piracies and felonies roiiiniitted o n the high seas, and offenses
against the law of nations.

Blr. AIiles lnoved to amend the same so as to read as follows:

punish piracies and to define and punish felonies committed
and offenses against the law of nations.
TO

011

the high seas,

CONVENTION TO FRAME

868

[Xsr. 5,1861.

Mr. Toonibs demanded the question; and the 8:xiiic being taken hy
States is as follows:
Yea: Florida, South Carolina, and Trxns.
Nay: Alabama, Georgia, Louisiana, arid rulixhissippi.
The motion of Mr. Miles was lost.
Mr. Cobb moved to amend by striking out the same arid inserting
in lieu thereof the following, to wit:
To define and punish offeiises coiniiiitted 011 the higli heas ant1 offenses against the
laws of nations and all offenses against t h e l a n s of the Coiifcderate States.

Mr. Chesnut demanded thc qiicstion ; which w a s sceoridcd, and the

motion was lost.
The eleventh clause having been read its f o l l o ~
To declare war, grant lrtters of marque and r r p r i d , and
captures on land and water.

iiialw

rnlr.; c~oncc~r~iing

Mr. Reagaii mo\ed to ttiiicrid the sttine by adding. thcrcto the

f oliowing :
But this grant of power shall not bo so c o n s t r i d as to prercnt tlic P i t
adopting all iiieasures necessary to maintain the rights of the Confcdcrnt
protect their citizens in foreign countries, and for these purposes lie i m p
Army and Navy during the recess of Congress;

which motion was lost.

The first claiise of t,hhr,ninth section hnviag been read as follows:
The importation of negroes of the African raw, from any foreign coiiiitry other
than t h e slareliolcliiig States of the United State3 of Arnerira, is hweby forbidden;
axid the Congress is requircd to pasq such laws as shall effectually prerent the ~ I T I C .

Mr. Bhett n ~ ~ c toc t:~niendhg striking oiit the same mid inscrting
in lieu thereof thc following, to I+it:
Congress limy proliibit tlie iiii~mrtationof

or labor into tlrr CoiiErderatc States and their

the limits thereof.

Mr.Clicxsnutj rnovcd to micnd thc aiucndiiiciit by striliing out thc

same arid iiiscrtiiig in lieu tlicrcof the following:
Congress slid1 have power to proliibit thci importation of Afric.nn ncgrocs and
slaves front any foreign country.

Mr. 13rooke moved to lny thc amendment and tho arncndment to t h e

amendment on thc? table, and on that motion dctiiundcd tlw qiieqdon;
which was seco~~clcd,
arid t h c x vote being taken by States is as follows:
Yen: Althnma, Florida, ffcorgia, Louisiana, Jlississippi, and Texas.
Nay: Soirtli C;xroliritL.
A t the instnncc of the Sttllc of Louisiana, the ycas and nays were
called and ordrrcd to bc spread on the Joiii*nal.
IllCY a a s follotv
RlahallliL
M W. Mdk~r,Smith. Il:~lc,Shorter, Lcwib, itrld
Pea1*n. N:t*y; 31r. 1McB:Lc.
Florida---I c:~: 311..
Anderson. Nay: Mr. Owens.
Georgin-Yca: Mcssrs. Howell Cohb, i\isbet, Hill, Thornas It. It.
Cobb. Nay: B I C ~ S ~ Toombs
S.
and Stephens.
Louisiana-Yea,: Mclssrs. Dc Clouet, Conrad, Kcnnrr, :ind Spnrlow.
Kay: Mr. Marshall.
Mississippi-Yea: Messrx. I l n ~ ~ iIEroolrc,
s,
Cl:yvton, slid Harrison.
Nay : Messr~.Wilson and IB~rry.
South C:wolina-Ycn: hlr. I3oycc. Xay : Messrs. Rhetk, Bammcll,
Keitt, Clzesnut, Memminger, h!Iileb, arid Witliurs.
-Ytb:$:

Xar. 5, 1861.1

PERMANENT CONSTITUTIUN.

r ,

IeXas-Yiea: Messrs. R e a p n , Waul, and Gregg. Nay: Mr. Oldham.

Ihc motion prcvailcd.
Air. Waul moved to aruerid the first clansc hy strikillg out the WdIne
aud inserting in lieu thereof the followiag:
The i~nportatioiiof negrocs born i n Africa is hereby forbidden; arld Corlgress is
required to pass such laws as shall effectually prevent the same.

Ah.Walker moved to lay the anlendnient on the table; Rnd the \rote
))ring taken by States is ah follows:
Tea: Alabama, Georgia, Louisiana, and Mississippi.
S a y : Florida and South Carolina.
So the motion prevailed.
The second clausc of the section being as follows:
Congress shall &lso have porver to prohibit the introduction of slaves from any
State not a member of thiq Confederacy.

Xr. Barry momd to amend the same by striking out and inserting
in lieu of the whole the following:
Thc importation of slaves from tho slaveholdiag States of the United Slates of
America is hereby forbidden after the first day of July, eighteen hundred and sixtyt n o ; and Congress is required to passsuch laws as shall cffcxctiiallg prevent the same.

The motion was lost.

Mr. Cohb moved t o amend the same by inserting sftor the word
prohibit the word.; or to regulate.
Mr. W a d dcrunndrd the question; which was secondd, and tho
motion wis lost.
On inotion of Mr. T a u l , the first clausc was aiiicnded by inserting
after the word States tlic words or Ierrito~*ies.
And the second clnnse was amended by inserting between t h e word
.State and the word (not the words o r Territories.
The fourth clausc M:LS read, to wit:
S o bill of attainder, or e c post jacto law, or law denying or impairing the right of
property i n iiegro slai es shall be passed.

blr. 7ITithers nioved to amend the same by inserting after tho words
ex poSt ,fcicto law the words o r lam ilnpairing the obligation of
contracts.
The vote thereon being taken by S h t e s is as follows:
Yea: Louisiana and South Carolina.
Nay: Alabaina, Florida, Georgia, Mississippi, and Texas.
The iiiotion was lost.
Mr. CIiesnut ino\-ed to arnend the same by iascrting after the ~ ~ r d s
O f property the words including the right of property in ncgro
slaves.
The motion wab lost.
The sixth clause being read, to wit:
S o tax or duty shall he laid on articles exported from any State, except by a .r.ote
of two-thirds of both Houses

31r. sparr0T.v moved to amend the same 1 ) j ~adding to the clause the
following words:
and
tax or duty shall be no higher upon onc article of export than another in
proportion to t t c value thereof a t the place of export.

&. Withers mored -to anleiid the ainendinent by striking out the
same and inserting in lieu thereof the ollo~ving~ o r d s TiZ:
,
arid any such tax or duty &all be ad ~nlorernon all exports, estimated a t the place
of exportation.

870

CONVENTION T O FRAME

[Mar. 5 , 1801.

MY.Curry demanded the question; which was seconded, and thc

motion was lost.
The question recurring on Kr. Sparrows motion, Air. Curry demanded the question; which was seconded, and the rote being taken
by States is as follows:
Yea: Louisiana.
Nay : Alabama, Florida, Georgia, Mississippi, and Texas.
South Carolina divided.
The inotion was lost.
Mr. Marshall moved to anisnd the clause by striking therefmu the
followingwords, viz: ~ x c ~by
p ta vote of t\vo-thirds of both I Iou
MY.Cobb demanded the quostion; which w a s seconded, :ind the
being taken by Statcs is as follows:
Yea: Florida and Louisiana.
Nay: Alabama, Georgia, Mississippi, South Carolina, and Tcxas.
The motion was lost.
The seventh clause having bcen road as follows:
No preference shall be given b y any regulation of coininrrce or rerenue to the
ports of one State over those of another; nor shall vessels bound to or froin 011~State
be obliged to enter, clcar, or pay duties in another.

On motion of air. Mcmrninger, the conderation of the snitie was

postponed for tht: present.
The ninth clause having 1)cc.n read, to wit:
Congress shall appropriate no money from the Treasury unless it be asked and
estiinated for by some oric o l thc heads of Ikpartmeiit, and submitted to Congress by
t h r Presitlent, ewept for the pnrpow of payirig its own expenses ant1 continpric.ie.,
or for tlie pay~irc~nt
of cllaiiiis :it.:tiiist l h (orifcder&~
~
dt,ttt.s, tlrc j n 4 w of wliich lias
been jntlic-idly (1cc.larc.d b y a t r i b n n ~ flo i the invcstic
erninent, wliic,li it is liereby ~ i l n c i c .thts iliity o f Congr

Mr. Bartow iiio~cdto :inlend b y striking out thc? s ~ i i i e .

Mr. Hill nioved to nriicnd tlw c l ~ r i s chy inserting after the words
(6
froin thc lrcasnry the words except by a vote of two-thirds of
both Houses, and to stri
ut the word txcvpt :tnd insert in lieu
thereof tlie words 01 1111
Mr. Cobb niovcd to am
lic :unendinent of Jlr. Hill 1)s :idding
thcrcto the following words, to wit:
or wherv l h c ~1Sxtwtive Ikpartnient rcfi1st.s to submil an ebtiiiinte wliicli has I)twi
dein~tiitlcdby a vote oE two-thirds of both I)ranches of Congress.

I IIC \rott: hcing inlien by Statc:, is as follows:

Pea: Florida, Gcorgia, Loirisi;in:L, Mississippi, itlld Texas. .
NIL^: Rliilr)>Lnl>i
mlcl South Carolim.
1110 motion prwailed, aiid the milendinerit was agreed to.
MY. Curry nio\-cd to aincncl the ci:iusc? hq striking- o u t a11 after the
first word, * ( : 0 1 l g 1 ~ mid
~ ~ ,inserting
~~
in lieu thcrcof thc woi
1 7

I ,

sale by a tao-thirds vote of both Ilouse~,shall :ippropriate no 11ionr37 froni the

Treasury nnle~sit l)c aslicd and estiniated by soni( one ol the> 1ir:ttls of I>rpartinent,, and subniittetl to 0oiigrc.ss by tlic Prcsidcnt; or except for tlic pnrposc of paying its own expiwc.; and (~)ntingeiicies;or for the p t ~ j ~ ~ i i of
c ~ nclaiinr
t
against the
Coufedcrat(~
States, thc jmtice of 11 liicli has been jndiciallr tleclaretl b y a tribunal
for ttw investigation of clainis against the C;overnnient, whi& i t is licreby made the
duty of Congress to establish.

Mr. Curry demanded the question; which was seconded, and the
vote being talieri by States is as follows:
Yen: Alabmm and Texas.

PERMANENT CONSTITUTION.

Mar. 6 , 18F1.]

Say : Flori&, Georgia, Louisiana, Mississippi, and Sonth Car

The motion was lost.
The question recurring on the motion of Mr. Bartow to amend by
striking out the clause,
Mr. Keitt demanded the question; which was seconded, and the vote
being taken by States is as follows:
Yea: Alabama and Tlouisiana.
Kay: Florida, Georgia, ililississippi, South Carolina, and Texas.
A t the instance of the State of Texas, the yeas and nays were ordered
to be taken and spread upon the Journal, and they are as f o l l o ~ s :
Alabama-Yea: Messrs. Walker, Smith, Hale, and &Rae. Naj7:
Mr. Curry.
Florida-Eay : Mr. Anderson.
Georgia--Yea: Messrs. Bartow and Hill. Nay: Mcssrs. Loombs,
Howell Cobb, Nisbet, Thomas R. 12. Cobb, and Stephens.
Tmdsiana-Yea: Messrs. De Clouet, Conrad, Kenner, and Sparrow.
Kay: Mr. Marshall.
Mr. Wilson. Nay: Messrs. Harris, Brooke,
Misaissi pi-Yea:
Barry, an Harrison.

South Carolina--Nay : Messrs. Rhett, Barnwell, Keitt, Chcsnut,

Memminger, Miles, Withers, and Boyce.
Texas--Yea: Messrs. Gregg and Ochiltree. Kay: Messrs. Reagan,
Waul, and Olclham.
So the motion to strike out was lost.
1Ir. Conrad niored to amend the clause by inserting after the words
:-estimated for hy thc words the President, and by striking out
the mords soine one of the lieads of Department,.
Pending discussion thereon. the Convention resolved itself in Congress.

WEDNESDAY, MARCE6, 18G1.

Congres resolved itself in Convention.
The pending question being- on the motion of Mr. Conrad to auiend
the ninth clause of the ninth section,
Mr. Withers moved to amend by striking out the clause and inserting in lieu thereof the following:
X o money shall be appropriated from the Treasury uiiless it be nskrcl arid estimated
for by the President, or, in defauIt thereof, unless the appropriation proporied to be
niade be first communicated to the President by order of Congress, with a view of
enabling the President either to submit a n estimate for t h e Hame or else to conimunicate his objections thereto: Irovrded, That this regulation shall not apply to moneys
appropriated by Congress to defray itu own expenses and contingencies, or for the
payment of claiins against the Confederate States, the justice wbercof inny liave been
judicially ascertained and declared by ail? tribunal for the investigation of such claims,
which tribunal Congress is empowercd to ordain and establish.

X r . Stcphens demanded the question on the motion of Nr. Convdd

to amend; which mas seconded, and the motion to amend was lost, the
States voting. as follom:
Yea: Loulsiana.
Nag: Alabama, Florida, Georgia, Mississippi, South Carolina, and
Texas.
Mr. Bartow moved to reconsider the vote by which the amendlnent
offered by Mr. Currv as a substitute for the same clause was lost, and
thereon denianded the question; which was seconded, and the motion
to reconsider prevailed.

872

CONVENTION TO PXAME

[Xar. 6, 1861.

Mr. Curry then offered the following as a substitute f o r the clause,

to wit:
9. Congress shall appropriate no money from the Treasury except b y a vote of twothirds of both Houses, taken by yeas arid nays, unless I t be asked or estimated for
by some oneof tliehvads of Department; or except for the purpose of paying i t s own
expenses and contingencies; or for the payment of claiinr agaimt tlie Confederate
States, t h e justice of which has been judicially declared. by a tribunal for the investigation of claims against t h e Government, which it is hereby inade the duty of Congress to establish;

which was agreed to.

Mr. Conrad moved t o strike o u t the clause as amended; which motion
was lost.
The tenth clause of the same section being a:, follo\vs:
All bills appropriating money shall spcciiy in iedeinl currcnc? the exact ainount
of each appropriation and the purposes for which it is niadc.

Mr. Ochiltrec moved to arnend the same hy adding thcreto the

following:
and Congress shall not grant extra compeiisation to any officer, apelit, eervant, or
public contractor after such service shall have bcen perforined or contract entered
into for the performance of the same.

MY.Keitt demanded the question; which was seconded, aiid the

motion to amend mas agreed to, the States -\-oting:
Yea: Alabama, Florida, Georgia, and Texas.
Nay: Louisiana, Mississippi, and South Carolina.
The motion prevailed, and the clausc as nmcnded is ai follows:
All bill. appopriatiiig iiioiiry sllall spcciiy in federal currtmcg thc esnct amount
of each appropriation and the pii11)o ior 15 Iric.11 it is ~nacle;aiid (oiigi
grant cxtm compensation to m y I I
u ~ , . c ~ ~wi nt ,a i i t . or 1niliiic roir
such mrvice shall have bcen perfon> or contiact c.utc~tcdiiito tor ltrc Iicrtoriiiancsc
of the same.
(11,

The twelfth clause of the s:tmr: icctioii 1i:iving I w r ~read

i
Coiigress sliall make 110 law ucspcctiiig a n r s
ing the free exercise thereof, or abridging the t
the right of the peoplo peaccably to ashciiible
redress of gricrances.

a5

follows:

lishirir~iitot ic~ligioii,or prohibitcloni of spc(~*li,

or of the prew; or
it1 petitioii tlie (iovernmeiit for a

Mr. Cobb moved to amend thc same by inwrting :Ifter thc word
thereof )) the following words:
or requiring of any citizen to perforiir secular labor
absolute necessity.

011

Sunday, except

111

c a w s of

Mr. Toorubs deniandecl thc question; which . W L Lseconded,

~
and, :Lt
the instaiice of the State of South Cai-olinn, the y a s and nays of thc
entire body wcrc cs~llcdfoi- aiid recorded as follows:
Alabania-Nay: Messrs. W:ilkri*. Smith, Curry, IId(3. Shorter,
S. Mortoll

iLnd And
1s. Ilowell Colh,

t, Ilill, and Thonizts

B.1I. CobF. Nay: 3ICssrs. Toonlbrs, Bartow, and Stcphenr.

Louisiana-Yea: Mr. Spt~rrow. Way: Xessrr. 1)c Clouct, Conrad,

Kenner, and Marshall.
Mississippi-Yea: Mcssrs. Brookc: and Clayton. Nay: illessrs.
Wilson, Barry, and Hmrison.
South Carolina-Yea: Messrs. Ithctt, Barnwell, Keitt, and Memminger. Nay: Messrs. Chcsnut, Niles, JTTithers,and Royce.
Texas-Nay : Messrs, Reagan, W a d , Gregg, Oldham, arid Ochiltree.

Mar 6, 18Gl.l

PERXANENT CONSTITUTION.

Pea: Florida and Georgia, 2.

9 y : Alabama, Louisiana, Mississippi, and TextbS, 4.
South Carolina divided.
Yeas 2, nags 4.
So the motion mas lost.
MY.Withers moved to amend the clause by adding thereto the following: such as the delegated powers herein contained may authorize
Congress to redress.
A t the instance of the State of Texas, the yeas and nays thereon were
required to be recorded, and are as follows:
Alabama-Yea: Messrs. Smith, Hale, and Lewis. Nay: 3fcssrs.
Walker, Curry, Shorter, and Fearn.
Florida-Nay : Messrs. Morton and Anderson.
Gcorgia-Yea: Messrs. Howell Cobb, Zlill, and Stephens. Nay:
Messrs. Iooinbs, Bartow, Nisbet, and Thoinas R. It. Cobh,
Louisiana-Yea: Messrs. De Clouet, Conrad, Kenner, and Marshall,
Nay : Mr. Sparrow.
Mississippi-Yea: Messrs. Brooke, Clayton, Barry, and IIa.
11
* -
ison.
Kay: Mr. Wilson.
South Carolina-Yea: Mossrs. lthett, Barnwell, Keitt, Chesnut,
IliIemminger, Miles, Withcra, and Boyce.
Texas-Yea: Messrs. IIaul and Gregg. Nay: Messrs. lteagati,
Oldham, and Ochiltme.
Yea: Louisiana, Mississippi, and South Carolina, 3.
Nay: Alabama, Florida, Georgia, aud Texds, 4.
So the motion t o amend way lost.
Nr. Memminger offered the following as a sopzrate clause of the
ion, to come in after the fourteenth clause, viz:
Upon the demand of the convention of any State, all troops under the authority of
the Confederate Statex which may be witliin any fort or ceded plate within such
Slate shall forthwith be removed, except when the Confederate States are in actual
war n ith a ioreign power.

Mr. Stephens demanded the question; and 011 the question to second
the demand, the vote being taken by States is as follows:
Yea: Florida, Mississippi, and South Carolina.
Kay: Alabama, Georgiti, Louisiana, and Texas.
The Congress refused to second the demand.
Jlr. Royce moved to amend the aniendment of Mr. Memmingcr by
striking out thc same and inserting in lieu thereof the following %voids,
viz:
That the right of secession of any State from this Confederacy is expressly admitted,
tn he exercised by any State according to its pleamre. That while a State remains in
t h e Confederacy, t h e decisions of the Supreme Court of the Confederate States on
constitutional questions ?hall he conclusive in all cnses capable of decision hy le.ga1
process. That in such cases as do not admit of decision by legal proccss, a convent~on
of all the States shall be assembled, in wliich convention the decision of the rnajority
of the States shall be conclusive, subjcct only to the right of secession of the State
or States ciispatisfied.

Mr. Kenner moved to lay the amendment offered by Mr. Memminger

arid the aniendment to the same offered by Mr. Boyce on the table, and
d e d for the question.
The question was seconded, and the motion to lay on the table prevailed, the States voting as follows:
Yea: Alabama, Florida, Georgia, Louisiana, &fississippi, and TCxW.
Kay: South Carolina.

874

CONVENTION T O FRAME

[Mar. 6 , 1861.

Mr. Kenner offered the following as an additional clause to the section, t o wit:
-c

Every law, or resolution having the force of law, enacted by t h e Congress shall
embrace but one object, and that shall be expressed in the title.

On motion of Mr, Conrad, the same was amended by striking out the
word embrace and insert in lieu thereof the words relate to, so
as amended to read as follows:
20. Every law, or resolutioir having the force o f law, enacted by t h e Coiigre
relate t o but one subject, and that shall IF expressed in the title.

Mr. Stephens demanded thc question; whicli wps s w o n d d , and the

amendment as amended was agreed to.
Che eighteenth clause of the ninth bcction haring heen read sts
follows:
In suits a t cornmon law, where the ralue ill controrersy shall exceed twenty
dollars, the right of trial by jury shall be preserved; and n o fact tried by a jury
shall be otherw isc reexamined in any court of the Confcdcracy, than according to
the rules of t h e common law.

On motion of Mr. Sparrow, the word so was inserted after the

word fact, where it first occiirs, ho that it will read - m d no fact so
tried by a jury, etc.
The first clause of tha tenth section having heen read as follows:
KO State +hall enter into any treaty, alliance, or confederation; grant letters of
marque and reprisal; coin money; make anything but gold and silver coin a tender i n
payment of debty; pa..; any hill of attainder, or ec post i ~ c t olaw, or law impairing
the obligation oi contrwts:; or grant any title of nubility.

MY.Kenncr moved to :ini(~ndtlic xnnw by d d i n p thereto the following worcis: or ptw> xrry I:LW clcnying 01 iiiipniring tho right of property in negro s l ~ ~ : . ~
Mr. lihctt moved to anieritl the aincndincnt by adding to the same
the following words:
Sor shall any State rcinain iu this Coiiiedmxy
tion of sla\ery within ith limitw.

\\

liich does riot autlrorixe the institu-

Mr. Conrad moved to lay the nnicndnic~ntxnd tlic anic.ndnm~tto the

arnt>ndinent on the table 01.the prchent.
Mr. Chesnut dcmanded tho qwstictn; which was seconded, and the
vote having h e n tskcn by States is as follo~vs:
y e a : Alabiuiia, Gcorgiz, N i
ippi, and South Carolina.
Nay: 1,ouisian:i.
Florida and Tcxn;; being clivided.
Thv niot i o n lirc~ailed.
The third clauw having bcen rcad, which rohiliitcd % State from
laxing dutieh of tonn:igt:, kecping troops :~n ship of war in t h e of
pet~cc?,and ciitering into conipncts with anothcr State o r with a foreign
power, or engaging in war oscept in certain C:LYCS, ete.,
Mr. Marshdl having proliosd to aiiiciid the m i i c , arid Mr. ltcagari
moving an amendment in lieu thereof,
On motic)ri of M u . lCenncl*,the consicleration of the clause and amendments w8s postponed for the present, and Congrt.ss proceeded to consider the first claase of the first section of the second article of the
Constitution; which is as follows:

The executive pouer shall be vested in a President of the Confederate States of

America. H e shall hold his office during the teriii of six years, and, together with
the Vice-President chosen for the same tern), be cxlected as follows.

X a r ~6. 1861]

PERIANENT CONSTITUTION.

Rhott niored to aniend the Same by strikillg out the wOr

j I(

&all hold his office t h i n g thtl term of six years, a ~ l d together

,
with the vice
fresident vhosen for the same term, be elected as folloJ$rs,

And insert in lieu thereof the following \qords, to wit:

He and the \ice-President shall hold their offices for the term of six years; hut the
Iresident shall not be eligible again to the Presidency until six years after the expilation of his term of service. The Presidelit and Vice-president stla11 be elected as
fOllOT$ P.

Xr. Sisbct rriored to amend the amendment by striking out the

word s ~ x and inserting in lieu thereof the mord eight.
11111.. Cobb moved to lay the amendment and tho amendmcnt to the
amendment on the table and deniaiided the question; which was seconded, and the vote being taken by States is as follows:
Tea: Georgia and Texss.
Kay: Alabama, Florida, Louisiana. Mississippi, and South Carolina.
The inotion mas lost.
Tho question recurring on the motion of Mr. Nisbet, tho samo was
1o\t.
Mr. Boyce moved to amend the atneiidment of Mr. lihett by striking out the following words: cligilolc again to the Presidency until
six years after the expiration of his term of service and adding after
the words shall not be the word reeligible. Thc votc being
taken by Stateh is as follows:
Yen: A41aban1:i,Florida, Louisiana, Mississippi, South Carolina, and
Texas.
Kay: Georgia.
The motion premiled.
A h . ilileinniinger moved to amend the amcndment by striking out
the word six and inserting in lieu thereof the word beven, and
the vote thereon h i n g taken hy St&s is as follows:
Yea: Alabama, Georgia, and Texas.
Kay: Louisiana, Mississippi, and South Carolina.
Florida divided.
The inotion was lost.
Thc quchtion rwurring on the amendment of Mr. Rhett as amended,
the banie was agrccd to, and the clause as amended is as follows:
The executive poiver shall be vested in a President of the Confederate States of
Altlerlca. He arid the \ic.e-Presitleiit shall hold their offices for the term of six
bexrs; k)ut the Lresdent sliall not be reeligible. The President and Vice-President
h ~ l be
l elected as folloive.

Lhc sccond, third, fourth, fifth, and sixth clauses, relatinw to the
Inode of clloohillg clcctors to rote for President and Vice-P&sidcnt,
atid relating to the nitmner in which they should choose a President
: L I I ~ 1.ice-Iresident [sic.],
MY.Brooke offered an amendment in lieu thereof.
Jlr. &files also offered nn anicndnicnt relating to the saine subject.
011 rllotioil of hjr. Stephens, the consideration of the Same was
po.stponed for the present.
The seventh clause having been read; which is as follo.\.cs:
persoil except a natural-born c.itiLen or a citizen of the Confederate States a t
the tllrle of the adoptiorl of this Coiistitution shall be eligilile to the office of
prrbl,lent; neither shall any person be eligible to that ofice who shall !lot have
attained the age ot tfiirty-five years, a n d been fourteen years a resident wlthln the
llm1ts of the Coniederate States, as they may exist at the time of his electioll.

876

CONVENTION TO FRAME

RT, 7, 1861.

Nfr. Rhett moved to mielid the same by inrorting aftpr the words
the Confederato States tho words or of the United States.
MI-. Hill iiiovod to lay the amvndnierit on the table and deniaiided
the question; which w a s sccondrd, and the motion prevailed.
Mr. Waul moved to postpone the consideration of the clause f o r the
present.
The motion was lost.
On motion of Mr. Stephens, the paragraph waq amended by inserting after the words a natural-horn citizen the words of one of the
S b t c s composing this Coiifedcr:wy at t h e tinie of tho ~ I ~ ~ t i o i i .
Mr. Cobb moved t o aimrid the c>lauso by iiiscrting nftcr the words
at the t i m e of tho words o r within tico xear> afttlr.
Mr. Ilill demanded the question; wliich WLS: wcondcd, and the
motion of Mr. Cobb was lost.
Mr. Cixriy moved to anicnd thc c ~ l x u ~by
c striliiiig out thc words
at the time o f and inserting in lieu thereof the words who was
born in the United States prior to; which motion was lost.
The section as amended reads ah f o l l o w :
No person except B natural-boni citizen of one of the States composing this Confederacy at the time of tho election, or a citizen of the Corifcilerate States a t the time
of the :idoption of this Conititution, shall eligible to the offico of Presideiit; nrlither
shall any person he eligible to that oflice 71 Iio shall iivt have attained the age of
thirty-five years, and been fourteen years a resident within t h e limits of t h e Confederate States, a s they inay exist a t the tiine of his election.

The iiinth clause containing the following words:

Thc lrcsideiit bh,tll, at itntctl t iriiw, 1 c c 4 m for his berviw~n c~ompen~ation,
v liicfi

sunic w;i\ :uncndecl by striking out

and inserting i n lic.ii thtircof tlio word rior.
On iiiotioii of MY.H:mis, the subjec.t-in:iLterscontained in the Constitution : ~ n dp : ~ over
~ d in Coriiinllp I)? the Coiigr(>s>,togcthcr with
tlic anicwdincnts thereto, ~ v ~ rcfcrrecl
r e
to a select coinmittet? of oiie
froni c:icIi Stat(>,to be :ippoiiitcd by the Prcldcnt of tho Coiigress.
On niotioti of Mr. Wtdker, the screnth clause was also referred to
the saiiie comiiiittcc.
Conyentioil rcsolvcd itself in Congress.

the wold

* O I - ~ )

rlHIJl~SI~AY,
XAILCII
7 , 1861.
The Congrec;~1i:iving x.csolvc4 itself in Conrcntion, procceded to the
corisidci~iitioiiof t l i c x ( h n s t i i u t i o i i of the. ( ~ i i t . ~ d ~ Stat(>.;
i ~ ; i t ~o f Anwricx.
Mr. Kcitt i i i o v c ~ to
l r w o n 4 c r tbc vote on the iiiotioii of 111..Ilari*i\
1))~ which :L h(\lcct c.oiiimittcc \\ i ~ z~p1
s
l la uses ol tlic Constitution pa
t

O W I -informally

; w!iich iiiotioii

. Ilarris tticii withdrcw l i i i iiiotioir.

Mr. ZI ill i i i o \ ~ dto :mic1ntl the roport of thc comiiiittcc by striking
out Article TIT; whicli i y a s follows:
rtieratifitatioii of the c~onveiitioilsof fi\c Stat
ineiit ol thiU (Joiistitutioii hctwcwi the Statrs so

Arid inserting in lieu tlicreof the folloi\ ing, yiz:

Seclim, 1.

, vliile
thi5

remaiiiiiig a iiwiiibc~ro
Constitution, or my Jaw 1)

11s Confederation, shall nullify or

etl by the Congress of the Confed-

Xar. 7, 1861.1

PERMANENT CONSTI'I'UTION.

877

2 ~ 1 n Ystate, by a convention of the people of such State, sliall have the right to
(lemand an I w e to try t h e constitutionality of any
of the Congress of the contederatt' States. Such issue shall be tried in a manner to be prescribed b congress,
i)V a court to be coiiiposed of the judges of the Suprel-ile Court of the Anfederate
States, and of the chief justice of the State demanding the issue.
3. On ColnPlaint made by any citizen, body politic or corporate aggrieved, the
I'resident Of the Confederate States may, and it is hereby lnade his duty, i n a manner t o be prescribed by Congress, to order an issue to try the constitutionality of any
la\\, order O r r@atiOll Of any one Of the States of this Confederation, amnullin
1lolatinp or iIli1)airing this Constitution or any law of the Congress of the Confei:
ate states. Such issue shall be tried in a manner to be provided by Coyress, aIld,
ter proper notice to the offending State, b y the Supreme Court of the Confederate
htates.
4. If ally State shall fail or refuse to conform to a decision of the court on any
issue tried under this section, the Coiigrehs of the Confederate States lnay withdraw
from such States all or any portion of the pii\Tileges arid benefits of this Confederation, without releasing such State from the duties and obligations thereof.

Section ,q
1. When any State shall desire to withdraw froin this Confederation, such desire
shall be comiiiunicated to the Congress of the Confederate States, through a co:lvention ot the people of such State, specifically setting forth the causes of such deslre to
n ithtlraw.
2. Congress shall consider of such alleged grievances, and, on failtirc to redress or
accommodate the same, to the satisfaction of the coinplaining State and of the Confederate States, shall arrange with snvh State an equitable dirision of the public
property, ant1 a peaceable 'i~
ithdrawal froiii the Confederation.
3. But no State by ithdraming froni this Confederation in the inaiiner herein proT idled, nor in any otlirr iiimrier, clhall be discharged or releast4 froni the obligation
to pav a due proportion of the public debt existing at the time of sneli withdrawal;
and Grcli 1%ithtlran a1 shall, iiioreo\ er, oblige the State n itlidran ing to account with
the Confederate States for all expenditures madc, or liabilities incurred by the Confctlerate State>, in acquiring, securing, fortifying or defending the territory or jurisdiction of snch State.

Air. Chesnut moved to amend the amendment of Mr. Hill by striking out thc sarnc and inserting in lieu therwf t h o following, to wit:
The right of a State to secede froin the Confederacy shall not he denicil. And
~ I i c n e ~ 7 any
e r State, through a convontion of its p e o ~ i l t ~shall
,
dissolve the connection but\\eeri it aiid its confederates, it shall be the cluly of the Presiclvrit to with&-a\\ all furcw fiom mithin the teiritorial limits of such State, and permit it peacefully to \\ithdraw.

According to previous order of the Congrcss, the consideration of

the amendment and the amendinerit t o the :mcndmont was postponed
and they were ordered to be printed.
The third clause of the second section Lof the second article] having
been read its follows, to wit:
3. All the civil officers in all the Executive Departments (except the p*incipal
officer i n each, and such a" may be connected with the diplomatic service) shall hold
their offices for h e term of four years from the time of their appointments unless
o t l ~ e r ~ ipro,
s e ided h) law; hut they may be removed from office at any time 1)y the
I'reiident, or other appointing power, for dishonesty, incapacity, inefficiency, misconclnct, or neglect of duty; and when so removed, the removal shall be reportcd*to
the Scnnte, together with the reasons therefor.
hfr. Barrg mored to amend by striking out the same and inserting

in lieu thereof the following, to wit:

The principal officer in each of the Ikpartmcnts, and such a$ may bc connected
t h e dip]oi>iatic pervicc, may hc r c i n o ~ c da t the plettsure of the PrcSi(lel1t; and
other civil officers of all tile ~ x e c i i t i \ eI)ep:trtmonts may be reilloved froin ofice
at any time b y the I'r<+deiit, or othcv appointing power, TI hen their servicex arc
nnnecessary, or for dislioiiesty, incapacity, inefiiciency, misconduct, or n 4 e c t of
dnty;
y r t l p n 80 removed, the removal shall be reported 10 the Senate, together
with t h e reasons therefor;

which amendment mas agreed to.

878

CONVENTION PO FRAME

[ A h l , 7 IhR1.

The vote having been taken by States is as follows:

Yea: Georgia, Louisiana, Mississippi, South Carolina, :tnd Tex:Ls.
Nay: Alabama and Florida.
The first clause of section 1of Article 111being as follows:
1. The judicial power of the Confederate States shall be rested in one Supreme
Court, and i n such inferior courts as the. Congress may, from time to time, ordain
and establish. The judges, both of the Snpreine a n d inferior courts, shall hold their
offices during good behavior, and shall, at stated timw, re(-eivefor their scrvicw a
compensation, which shall not be diminished during their continuancr in oflice

Mr. Cobb moved to amend thc sarii(: by striking out thc word (both
and the words and infcrior courtcl :~ntlinserting the word coiirt
in lieu of the word last mentioned; which niotion wns lost.
The second section being as follows, to wit:
1. The judicial power shall extend
s a r i h g mitlrr thi:! Constitution, the
laws of the Confederate States, and
adc, 01 w h;ch .hall I)e mad(., nndcr
ors, other 1)ul)lic iiiinistws and roiltheir authority; to all cases affecting
suls; to all eascs of atliiiiralty ant1 inaritiiiie jnrisdiction; to coutroversie~to \c hich
the Confederate States shall be a 1):irty; to contra\ ersiec lxltwren two o r iiiore States;
between a State nntl citizens of mother State, lvliere
ir plaintiil; ltetween
citizens of differmt States; h t m e n citizen9 of thc i a
laiiiiiiig I mdr under
grants of diffcrent States; and hctween a State or th
thereof, aiid foreign
States, citizens or subjects; but no State shall be sued hy a citizen or sii1)ject of any
foreign State.

Mr. Smith moved to amend the same by adding thereto the following:
but the extent of ncimiralty and rnaritinie jnrisdiction shall be subject to the control
of Congrcss;

which motion wns lost.

Mr. StCphCns moved to anicnd tlic sainc by stvil<ing tliercfroitl the
words I)etwcc~11
citizrnh of different States.
311..Stcpheits dcnianded tlic qiicist ion; which \i\ as swondcd, and, at
the instarice of thc State ol Georgia, thc yeas a r i d n:xrs of the cntire
body were called for arid orclcrod to be sproad on the Journal, and
arc as follomw
Alaba1lli+--Yctt: MCSS~S.
C>UXJ, I-Idc, ShortCr, and L c ~ ~ sNiy:
.
, Chilton, Mcltae, :inn Fcsrn.
s. Molton, Andcr+on, and Owcns.
Florida--Pc:i :
s. I l o ~ ~ Cobb,
ll
Thoniab it. It. Cobl,, and
Stcphcns. Nay: Messrs. Tooiiibs, 13artow, Nisbet, and Hill.
IJouisiana-lc:~: Xlessrh. Do Clouct, Conrad, Kenner, Sparrow, and
i pi-Yea.:
%ilson.

Mcssrs. Harris, Brooke, Barry, and Harrison.

hlcirtniingc hf ilw, nntl Withcrs.

Texas--Y m: Mcssr.. Iteagnn a d , Grcgg, Oldhmn, and Ocliiltrce.
Yea: Florida, Louisiana, Mi
ippi, South Carolina, and Texas, 5 .
Nay : Alabanin and (korgia, 2.
The motioti prevailed.
Mr. Sparrow niored to amend the claixso by striking therefroiii the
vorcls kwtwecn :I Stato and citiscns of nnothcr State, where the State
is plaintiff.
Tho niotioii was lost.
18,

Xu.7, 1861.1

PERMANENT CON6

Air. sparrow moved to amend by striking out the words

citizens of the same State claiming lands tinder granb of
States.
The \role having been taken by States is as follows:
Yea: Louisiana.
Kay : Alabama, Florida, Georgia, Mississippi, South Carolina, and
Texas.
The motion was lost.
N r . (lonrad moved t o postpone foib the present the consideration of
the clause and subject-matter.
T h e motion was lost.
N r . Waul moved to amend the same by striking therefrom the words
citizens or subjects.
The vote being taken by States is as follows:
Yea: Florida, Louisiana, and Texas.
Nal- : Alabama, Georgia, Mississippi, and South Carolina.
T h e motion was lost.
Mr. JYithcrs moved to amend the same by inserting after the words
shall he a party the words (except those of a political nature with
one or more of the separate States.
The motion was lost.
Mr.. Withers moved to amend the same by adding to the end of the
clause the followingwords: or in any case except by its own consent.
The motion was lost.
Mr. Rhett moved to amend the clause by inserting after the words
( * citizens or subjects the words who by treaty have the power to
sue o r be sued.
The motion was lost.
Mr. Cohh moved to amend by inserting after the words shall be
made, under their authority the words whether the same be pending in a Federal or Statc couit.
MP. Rhett demanded the question; which ivas seconded, and the
motion was lost.
Mr. Hill, at the instance of the Statc?of Chorgia, moved to reconsider the vote by which the Convention agreed, on the niotion of Mr.
Stephens, to strike from the said clause the words between citizens of
different States.
The motion prevailed.
The question then being on the motion of Mr. Stephens to strike
out said words,
Mr. Oldham derrlanded the question; which was seconded, and the
motion prevailed, the States Toting. as follows, to wit:
Yea: Florida, Louisiana, Mississippi, South Garolina, and Texas.
Kay: Alabama and Georgia.
Mr. Sparrow moved to reconsider thc vote taken refusing to strike
out froill the clause the words citizens or subjects.
Mr. Ochiltree demanded the question; which was seconded, and the
motion prevailed, and the question then being on the motion of Mr.
I\.aui t o strike out the words citizens or subjects,
Mr. Keitt deinmded the question; which was seconded.
The vote being talcen h p States, the motion W a s lost, the States
voting as follows, viz:
Pea: I,ouisiana, South Carolina, and Texas.

880

CONVENTION TO FRAME

[Vnr. 7 , i h ~ i .

Nay: Alabama, Georgia, and Mississippi.

Florida divided.
s the cntirc
At the instance of the State of Texas, the year and n a ~ r of
body were ordered to be spread on the Journal, and are as follow,vb:
Alabama-Yea: Mr. iLlcRue. Xay : Xessrs. Walkcr, Smith, Curry.
Chilton, Hale, Shorter, Lewis, and Fearn.
Florida-Yea: Messrs. Morton and Omens. Kay: ah. Anderson.
Georgia-Yea: Messrs. Howell Cobb, Thomas R. R. Cohh, and Hill.
Nay: Messrs. Tooinbs, Bartow, Xisbet, and Stephens.
Louisiana-Yea: Messrs. De Clouet, Conrad, Kenner, Sp?xrrow,arid
Marshall.
Mississippi-Yea: Messrs. Brooke and Harrison. S a y : Mcssrs. I-Inrria, Wilson, Clayton, and Barry.
Soutli Carolina-Nay : Messrs. Rhett, Uarnwcll, Keitt, Chesnut,
Mernminger, Miles, Withers, and Boyce.
Texas-Yea: Messrs. Waul, Gregg, Oldham, and Ochiltrcc.
Mr. Withers moved to anicncl thc same by striking out the following words: but no State shall be sued by a citizen or subjcct of any
foreign State.
Mr. Keitt demanded the question; which was seconded, and the
motion was lost.
The clausc as amcndcd reads as follows, viz:
The judicial poxvershall extend to all cases arising under this Constitution, t h e laws
of the Confederate States, and treatier made, or which shall be made, under their
authority; to all cases affecting ambassadors, other public niinisters and consuls; to
all cases of admiralty and niarit~mejurisdiction; to controversies to n liich 1 h e Confederate Statcs shall b~ a party; to cwtroversles bet\\ ceii t n o or inore btates; hetn eel1
a State :ind citi;.ens 01 anotlier State, where the btate is plaintiff; betn een citizens o:
the satlie State or of differentstates clai~ninglantis under grant< of different State-,
and Iictmeen a Sitate or the citimns thereof, anti foieign Statec, (
hnt no State shall be sued by a citizen or subject of any foreign St

The second clause of the section being as follows:

In all cases affecting ambassador%,other public ministers and coiiwls, and thoqe in
which a State shall be a party, thc Supreme (onrt shall lmvo original jurisdic*tioii.
In all the otlicr c a w betore nicntioned, t h e Supreme Conrt shall have appellatc jiiriidiction, both as to law and fact, with such exceptions and under such regulations 215
the Congress fihall make.

Mr. Mernminger moved t o miend thc ~ a i n eby adding to the end

tliereof the words
hut the appdlate jurisdiction of the Suprcme Court shall not extend to any caqe which
shall havc bee11 adjudged in any cowl ot a State.

Mr. ilicrnniingcr denianclcd the questtioil; which was wconded, and,

at the instanco of thc State of Texas, the yeas and najs of the whole
body were rcquirwl to be taken and spread on the ,Journal.
They are as follo\v2:
Alabama-Yea: Messrs. Walker,Curry, McRac, :tnd Shortcr. Kn?
Messrs. Smith, Chilton, IIalc, Lewis, arid F ~ ~ r r i .
Florida-Yea: Mr. Anderson. Nay: 311..Morton.
Georgia-Nay: Mcssrs. Loomhs. TIowvell (:obi), 12artow, Nisbct. 1Iili.
Mrright, Tllon~abK. B. Cohb, a n d Stephens.
Louisiana--Yea: Messrs. I k Clonet, I<ennc.r, Sparrom, a n d > I a i ~ slinll. N8y: Mr. Conrad.
~,
Rrookc,
Mississippi-Yea: Mr. Harrison. Xay : M c s s ~ Harris,
Wilson, Clayton, and Barry.

Niir. 7, 1561.]

PERMANENT CONSTITUTION.

88 1

South (arolina-Yea: 3fessrs. Rhett, Barnmrell, Keitt, Chesnnt,

Xtinmingcr, Xiles, and Withecs.
Texas-yea: Messrs. Reagan, Waul, Gregg, OldhaIn, and Ochiltree.
Yea: Louisiana, South Carolina, and Texas.
Say: Alabama, Georgia, and Mississippi.
. iXvided: Florida.
The motion was lost.
Xr. Hale moved to amend the same clause by adding to it the following words, viz:
A n d CongrePs may provide by law for appeals from the State courts to the Su reme
Court in all caw? arising under this Constitution, the l a w of the Coilfederate ltates,
and trwties made, or which shall be made, under their authority.

M i . Smith demanded the question; whish was scconded, and, at the

ir;atance of the State of South Carolina, the yeas and nays of the entire
body were recorded, and are as follows:
Alabama-Yea: illessrs. Smith, Chilton, Hale, Shorter, Lewis, and
Fcarn. Nay: Messrs. Walker, Curry, and McRae.
Florida-Yea: Mr. Morton. Nay: Mi,.Anderson.
Georgia-Yea: Messrs. Toonibs, Howell Cobb, Bartow, Nisbet,
Hill, nriglit, Thomas R. R. Cobb, and Stephens.
Loni.;iana-Yea: Mr. Conrad. Nay: Messrs. De Clouet, Kenner,
Sparrow, and Marshall.
Mississippi-Yea: Messrs. Brooke, Clayton, and Barry. Nay:
Messrs. Harris, TTilson, and Harrison.
South Carolina-Nay : Messrs. Rhett, Barnwell, Keitt, Chesnut,
Mcinminger, Miles, and Withers.
Texas-Kay : Messrs. \\igfall, Waul, Gregg, Oldham, and Ochiltree.
Tlie motion was lost.
Alr. Withers moved to amend the clause by striking out the words
(hoth as to lam and fact; which motion was lost.
Th(. first icction of the fourth article being as follows:
Full faith and credit shall be given in each State to the public acts, records, and
jutlicial proceedings of every other State. And thc Congrcss inay, by general IRWS,
prebcribr the lrlanner i n which such acts, rccords, and proceeding? shall br, proved,
and the effect thereof.

&.

Hill moved to anicnd the same by adding thereto thc following:

And up011 aug judgment or decree rendered in a court of record of any one of the
Collfcderate States upon personal service, a n action may be ~nainta~ned
at any time
nitllin six ream from the rendition of such judgment or decree in the proper court
of any other State in mhich the deiendant may reside.

&, Brooke demanded the question; mhich was seconded, and the
motion was lost.
The first clause of the second section being as follows, to wit:
Tlie citizen: of each State shall he cntitlecl to all privileges and immunities of citizcnb in the several States.

Mr. Kale mo.c-ed to amend the same by adding thereto the following:
and shall h a w the right of trantit throagh and temporary residence in any other
Stnte of this Confederac) ,H ith their ?laves and other property; and the right of property in such slayes shall not be thereby impaired.

Mr. Stephens demanded the question; which was seconded, and the
motion was agrcod to.
c J-TOL 1-04-56

882

CJONVENTION TO FEAME

[Xar. 7, 1861.

Mr. Smith moved to amend the same clause by adding thereto the
words and the courts of each State shall always remain open to the
citizens of every other State.
Mr. Conrad movcd t o lay the amendment on the table.
Mr. Stephens demanded the question; which was seconded, and the
motion t o lay on the table prevailed.
The clause as amended reads as follows, vix:
The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States; and shall have t h e right of trausit through and temporary
residence in any other State of this Confederacy, with their slaves and other property;
and t h e right of property in such slaves shall not be thereby impaired.

The third clause of the second section having been read, via:
No person held to service or labor in one State, under the l a a s thereof, escaping
into another, shall, in consequence of any law or regulation therein, be discharged
from such service or labor: but shall be delivered up on claim of t h e party to whoni
such service or labor is due.
Mr. Keitt rrioved l o amend the hame by striking out these words:

KO person held to servicc or labor in one State, under the laws

thereof and inserting in lieu of the same the words S o slave or
other person held to service or labor in one State.
Mi-. Keitt dernmided the question; which was seconded, and the vote
having been taken by States is as follows:
Yea: Alabama, Florida, Louisima, Mississippi, South Carolina, and
Texas.
Nay: Georgia.
The motion prevailed.
Mr. Rhctt riiovcd to aincnd the claixsc as amended by striking out
the same and inserting in licrr thewof thc following \\or&:
A slave or othcr person held to servic e or labor in i~ State or Territory, escaping into
another State or Territory, shall be delivered up, on claim of t h e party (personally or
hy his agent) to whom such slave or pcrbon niay belong, by t h e executive authority
of the State to wlilcli mid slaw or pcwon s I d 1 liaie fled; and in case of the failure
of the executive to deliver up a slake, or of any abduction or forcible rcscuc, full
compensation (including the .i:rluc, of tho slave a d all costs and expenses) shall be
made to tlie party by the State to M hich said slave may ha1 e fled.

Mr. Hill movcd to amend the amendment by striking out the same
arid inserting in lieu thcrcof the words as follows:
KO pcrson held to service or labor in one State, under t h e laws thereof, escaping
into another, or yc ho, hcing temporarily carried into another, shall escape or be unlawfull takcu or cnticrct av\ay, shall, in consequence of any law or regulation therein,
bc &scliaijicd froin such W I \ ice or ldior: but b ~ i c 1 iperson shall be delivered up on
claim of t h e party to \\horn such sen ice or labor nial be due. The person to M hoin
eucli s e r r k e or labor imy be due, and I+110 shall be prevented in any State f i om
iecovering tlic p c i ~ o nso e<cnping or so unlawfully taken or enticed away, shall be
entitled to be paid froin the Trcavury of the Confederate States the proien \ d u e of
the person o n ning [owing] such service or labor, together n-ith the expenses incuxed
in recowring or attempting to recover such person. And t h e Confedcratc Statea
shall, in such mminw as Congress may prescribe, recovcr from the State in which
snch damage occurred the full ainount HO paid, mith interest until paid, and all
expenses incurred in recovering such amount froin such State.

Mr. Walker moved to lay the amendment and the amendment to

tho amciidmerrt on the table, and on that motion demanded the question; which ma3 seconded, and the motion to lay on the table prevailed.
Mr. Hale moved to amend the clause by inserting after the word
State the words o r a Territory of the Confederate States and after

Mar. 7. 1801.]

PERNANENT CONSTITUTION.

the word escapin

?.
ment was agreed to.

the words or lawfully carried, and

883
011

tlie

JX1otion dcniarided 1 ~ t :question; which was seconded, and the amend$11.. Stephens nioved to amend the clause I)y insCi*ting after tho
words the party to whom the words s ~ ~ cslave
h
belongs or to
whom.
The motion prevailed.
The clause as amended reads as follows:

KO slave or other person held to service or labor in one State or a Territory of

the Confederate States, under the laws thereof, escaping or lawfully mrried Into
another, shall, in consequence of any law or regulation therein, bc discharged fronl
such service or labor: but shall bc delivered up on claim of the party to who& such
slave belongs, or to whom euch service or labor may be due.

The first clause of the third section being as follows:

1. New States may be admitted by the Cougrrs~into this Confcderacy, by a vote
of two-thirds of each House; but no new Statt. shall be formed or erectcd within the
jurisdiction of any other State; nor any State bc formed by the junction of two or
inore States, or parts of States, without t h e consent of the legislatures of the States
concerned, as well as of thc Congress.

Mr. Miles moved to amend the same by adding at the end tlicrcof
the following words, viz:
And no State shall be admitted ivliicli, by its constitution or I
of property in slaves of the African race, or (toes not fully pro
legal enactment.

A h . Stephens moved to ostponc for the pr nt the considcmtion

of the clause and the amen Lfmcnt thereto.
MY.Waul demanded the question; which was seconded, and thcvote
having been taken by States is as follows:
Yea: Gcorgia, Louisiana, and South Carolina.
Xay : Alabama, Florida, Mississippi, and Texas.
The motion was lost.
Mr. Harris moved to urnend the ainendriient bystriliing out thc ~ n ~ n c
and inserting in Iieu thereof:
But no nonslarcholding State shull be admitted except by the consent of it11 tile
States expressed through their legislatures.

Mr. Harris demanded the question; which W:LS seconded, and the
vote having been taken by States is as lolloms:
Yea: Alabama, Florida, Mississippi, South Carolina, and Tcxas.
Nay: Georgia and Louisiana.
A t the instance of the State of Louisinna, the yeas and nays of tho
entire body were sequired to be spread upon the Journal, and are as
follows:
Alabama-Yea: Messrs. Walkcr, Smith, Curry, Chilton, Hale, and
Shorter.
Florida-Yea: Messrs. Morton, Anderson, and Owens.
Geoqia-Yca: 31essrs. Nisbet, Hill, and Ste hens. Nay: Mossrs.
Howell Cobb, Bartow, Wright, and Thomas B.
Cobb.
Louisiana-Yea: BiIr. Perkins. Nay: ililessrs. De Clonet, Conrad,
Kenner, Sparrow, arid Marshall.
Mississippi-Yea: Mcssrs. Harris, Clayton, Barry, and Harrison.
Nay: Mrssrs. Brooke and Wilson.
South Carolina-Yea: Mwsrs. Rhett, Barnwell, Keitt, Chesnut, and
Withers. Nay: Mr. Miles.
Texas-Yea: Messrs. Waul, Gregg, Oldham, and Ochiltree.

K.

Yea: Alabama, Florida, Mississippi, South CRrolinu, and r w a s .

Nay: Georgia and Louisiana.
The motion prevailed.
Mr. Rhett, at the instance of the State of South Carolina, niovcd to
reconsider the vote by which the ainendnient offered by Mr. Harris a1s
a substitute for the amendment offered by MI.. Jliler was adopted.
Mr. Kenner demanded the question; which was seconded, and the
motion to reconsider prevailed, the States 1-otingas follows:
Yea: Alabama, Florida, Louisiana, South Carolina, and Texas.
Bay: Georgia.
Nississippi divided.
Convention resolvcd itsclf in Congress.

FRIDAY, MARCII8. 1861.

The Congress having resolved it>sclfi n con1-ontion, procecdcd to the

consideration of the Constitution of tile Confederate States of America.
On motion of Mr. Stephens, In!r unanimous conuent, the action of the
Convention on the seventh clause of the first bection of the second
article, defining who shall be eligible to the office of President, was
reconsidered and amended so ns to read:
No person except a natural-born citizen, being a native of one of the States composing this Confederacy a t the time of the electiurl, or a citizen of the Confederate
States a t the time of the adoption of this Constitution, ete.

The pending question bcing on the motion of Mr. Harris to the

amendment of Mr. Miles,
Mr. Harris withdrew his iuuendnient.
Mr. Yerlrins inovcd to anicnd t h ( ~aincndnicnt of Air. Niles by striking
out the pame and inserting in lien thcrcof thc ~rortluZLSfollo.urs: Imvided, That no nonslaveholding State shd1 be adinittcd into this Conf ederacy .
Mi.. Hill moved to lay the itinendrnent to the :mcndinent on the
hble.
Mr. Hale demdnded the question; which w:ib sccondd, and, at the
instance of the State of Georgia, the yea5 and nays of the cntirc body
thereon were recorded, and arc as follows:
Alabania-Yea: Riiessrs. Wallter, Smith, Currj, Chilton, Hale, and
Fearn. Bay: Mr. Shorter.
Florida-Nay: llcssrs. Morton, Anderson, and Owcns.
Georgia-Yra: Rlessrs. Toornk)s, IIiil, TVright, and Stophens. Nay:
Mcssrs. ITo\rcll Cohb, I3ai%ow, Sishet, and T. It. It. Cobb.
Louisiana- Yea: Mes.srs. De Clouet, Conrad, Kenner, Sparrow, and
Marshall. Nay: blr. Yerlrins.
Mississippi-Yea: Alessrs. Harris, Hrooke, Wilson, Claxton, Barry.
and Harrison.
South Carolina-Yea: Mcssrs. Chesiiut and Boyce. Say: Me5srs.
Rhett, Barn well, Mcmminger, Miles, and Withers.
Texas--Pea: Messrs. fteagan, Oldham, and Ochiltree. Kar : Messrs.
Watd and Gregg.
Yea: h l a b m a , Louisiana, Mississippi, and Texas, 4.
Nay: Florida and South Carolina, 2.
Divided: Georgia, 1.
The motion prevailed.

Mar. 8,1861.1

PERXANENT CONSTITUTION.

885

M U . CObb moved to amend the same clause by adding to the end of

the s:me the following Words, yiz:

But no state dxdl be admitted which, by its constittitioil or ln~~rs,

(lenies tile riglit
Pope%' in nW-0 slaves, or the right of the master to recapture his slave.

341..Cbbb demanded the question; which was seconded, and, :it the
i n s h ~ of
e the State of Geor ia, the yeas and nays of the entire hod?.
were recorded, and are as fol ows:
A hbama-Yea:
Mr. Shorter. Nay: Messrs. Walker, Sinith, cllrry,
Chilton, Hale, and Fearn.
Florida-Yea: Messrs. Morton, Anderson, and Owens.
Gcorgia-Yea: &lessrs. Howell Cohb, Bartow, Nisbet, Hill, T. It. 1%.
Cobb, and Stephens. Nay: Messrs. Toornbs and Wright.
Louisiana-Yea: Messrs. Yerltins, Kcnncr, Sparrow, and Marshall.
Nay: Messrs. De Clouet and Conrad.
Mississippi-Kay : Messrs. Harris, Brooke. Wilson, Clayton, Barry,
and Harrison.
South Carolina-Yea: Mess~s. Rliett, Barnwell, Chesnut, Menlminger, Miles, Withers, and Boyce.
Texas-Yea: Mr. Ochiltree. Nay: Messrs.. Reagan, 7TTau1, G r e g ,
and Oldhani.
Yea: Florida, Georgia, Louisiana, and South Carolina, 4.
Nay: Alabama, Missibsippi, and Texas, 3.
The aniendnient wau agreed to.
M r . V7alker, a l thc instance of the State of Al:Lbania, moved to rcconGcicr the vote just] k'1 1ccn.
Mr. Marshall deikinnded the question; which was seconded, and, at
the instance of the State of Georgia, the yens and nays of the entire
body mere recorded, and are as follows:
Alabatna-Yea: Messrs. Kalker, Smith, Chilton, Hale, and Feam.
Kay: Mr. Shorter.
Florida-Nay : illcssrs. Morton, Anderson, and Owens.
Georgia-Yea: Mcssrs. Toonihs, Hill, Wright, :tnd Stephens. Naj7 :
Messrs. lXosvell Cobb, Bartow, Kishet, and .'l' R. It. Cobh.
Louisiana-Yra: Messrs. Ilc Clouct, C0111*:td,Kenncr, Sparrow, and
Marshall. Kay: Nr. Pcrliins.
ippi-Yea: M c ~ r s Harris,
.
I3roolie, Wilson, Clayton, 13arry,
and Harrison.
South Carolina--Say : Mcssrs. Xhett, lhrnwell, Kcitt, Chcsnut,,
Alcmminger., Miles, IVithcrs, and 1 3 0 3 ~ .
r?
lexas- Yea: Jlessrs. M i d , Gregg, and Oldham. Nay: Mr.
Ochiltrce.
Yea: Alabama, Louisian:t, Mississippi, and Texas, 4.
Xay: Florida and South Carolina, 2.
IXuided: Georgia, I .
VIPmotion to reconsider prevailed.
Tho question then recurred 011 the amendment; o Mr. Cobh.
Alr. Stephens dcriianded the question; which was seconded, and, at
the iiistance of the State of South Carolina, the yeas rind 112Lys of the
elltire body T I ~ ~ Trecorded,
C
and are as follo\Vs:
Alahanla-Yetl: iliessrs. AfcIhe and Shortel.. Nay: Messrs. ITralker,
Smith, Chilton, Hale, and Beam.
Flori&--Pea: SIessys. Morton, Anderson,
Q\vens.
Georgia-yea: Messrs. Howell Cobb, Bartow, NiSbd, and T. B. 1%.
Cohl). yay: Messrs. Tooml)s, Hill, Wright, and Stephens.

If

886

))

CONVENTION TO FRAME

LMar. 8, 1861.

Lomsiana-Yea: Mu. Perkins. Nay: Messrs. De Clouet, Conrad,

Kenner, Sparrow, and Marshall.
Mississippi-Nay: Messrs. Harris, I3roolic, l\rilwn, Clayton, h r r y ,
and Harrison.
South Carolina-Y ea: Messrs. Rhett, 13arnwel1, Keitt, Chesnut,
Memminger, Miles, Withers, and Royce.
Texas-Nay: Messrs. Waul, Gregg, and Oldhani.
Yen: Florida and South Casoliiia.
Nay: Alabama, Louisiana, Mississippi, and Texas.
Dividcd: Georgia.
The motiori of Mr. Cobb to sniend was lost.
Mr. Withers moved to amend the clause hy striking out thc following words, via:
New States niay be admitted by the Congresv into thk Confederacy by a vote of
two-thirds ol each House,

and inserting in lieu thereof the words:

Other States niay be admitted into this Confederacy by a vote of two-thirds of the
whole representation of each House of Congress; the vote of t h e Rcriate to be counted
by States.

The motion was lost.

Mr. Withers moved to arncnd the clause by striking out the word
New and inserting in lieu thereof the word Other; which motion
prevailed.
The second clause having been read as follows:
The Congress shall have power to dispose of and make all needful rules and regalatioils coiicerriing the lantls or other property of the Confederate States.
0 1 1 motiori of Mr. Witlicrs, the words concerning tlic laids 01 other
property of the Coilfedcrate St;it(:b) were ariierided so as to rcad 8s
follows:

The Congrws shall have power to dispose of and make all ncrclful rulcs and regulations concrrning the pxoperty o f thv Conlederutc St&\, including tlir Paids thereof.

Thc third clsuse having beoii rcad as follow:

3. The Confederate Statm niay acquire new territory; and Congrws sliall haye
pomr to legislate and provide goveriiinents for the inhabitants of all tcwitory bclonging to tho Conletlt.r&teShtes, lying MTithout t h e liinits of thrxseveral States; and may
permit tlicni, a t such times, and in such inaniier as it may b y law provide, to ioriii
8tittcs to bc adniittcd into the Confedcracy. In d l such tetritory, so long as i t
remains in a tcwitorial condition, tlic inrtitiition of negro d a w r y , as it nciw exists in
the Confedcrate Statcu, slid1 be recognized and protected by Congrc.ay and by the
twritorial government: ant1 the citiieiis of thcl Confcderate States shall have t h e
right to txku to sucli territory any slaves lawfully tield by them in any of the Statex
or Trrritories 01 the Confederate States.

Mr. Withers moved to iuncnd the same by striking out the words
and the citizens of ttic Confederate States, etc., and imerting in
lieu thcrc~Ethe words and the inhitbitants of thc several Confederat(. States or Tcrrjtorios.
The iiiotion prcwilcd.
Mr. Curry utovcd to atneitd the same by striking out t,he following
~ o r d s
: SO h g as it remains in a tmritorid condition.
The motion prevaild.
Lhc. clause as anierided reads as follows, to wit:

3 . The Coiifrticratc States insp acquire new territory; and Congress shall have
powcr to legislate :ind provide goverrimcnts for thc inhabitants of all territory belonging to the Coiilederate States, lying without t h e liinits of the several States; and may

Mar. 8, 1861.1

PERMANENT CONSTITUTION.

887

Permit them, at such times, and in such manner as it may by law provide, t o form
States to be admitted into the Confederacy. 111 all such territory the institution of
n%ro slavery, as it now exists in the Confederate States, shall be recognized and
protected b y COngreSs and by the territorial government: and the inhabitants of the
era1 Confederate States or Territories shallhave the right to t&e to BLich jcrrltory
slaves laWcUllY held by them in any of the States or Territories of the Confed?.rite States.

On motion of Mr. Clayton, the following was added as an additional

hcction to the fourth article, viz:
Section 4.
The Confederate States sliall giiarnnty to every State that now is, or herenfter ma
S)ecome, a member of this Confederacy, a republican form of govemmcnt; ar~tlshag
protect each of them against invasion; and on application of the legislature, (or of t h e
execu~ve,when the legislature is not in session, ) against domestic violence.

The firsh division of the first clause o the first section of tilo fifth
article being as folloms:
Upon t h e demand of any three States, legally assembled in their eeveral conventions, the Congress shall sumnioii a convention of all tho Statcs, to tali0 into ronsideration such aiiiendnieiits to the Constitution as tho said States shall concur in suggesting.

Mr. I)e Clouet moved to amend the same by adding to the end thcrcof
the following words: a t the time whcn tho said demand is made.
The niotion prevailed.
On motion of Nr. lieagnn, the same was fui-thcr m c n d c d by striking
o u t the words any three and inserting in lieu thereof the words
* one-third of the.
The clause so far as reported : L I ~atlncndcd rmds as follows:
Upon the demand of one-third of the States, legally assembled in their several conventions, the Congress shall summon a convention of all the States, to take into
consideration such amendments to the Constitiition as the said States shall [c>oncnr]
in suggesting at the time when the [saitl] deiria~~il
i- niacle.

The following words occurring in tho sniiic clause, vix: and should
any of tlic proposed ainendnicnts to thc Constitution he agreed on by
thc said Convention,
Mr. Hill nioved to amend the same by inserting aftcr the word
Constitution the words i n the forin suggcstcct, or in any otlicr
form.
The lnotion was lost, and the Convcntion proceodcd to consider the
first section of the sixth article.
3Ir. Conrad morcd to amend the words snd all lt~wspassed by the
latter shall cont8inucin force until tlic same a1.e repenled or modified
by striking out tbc word are and inserting 111 lieu thereof the wol*ds
shall be; &ich
motion prevailed, and the words as amended rcsd
as follows: alld all laws passed by the latt8ershall continue in force
until the same sliall be repealed."
The third clause having been read as follows:
Tlle GoIliecleratc States recognize their ultimate Iial~ilit~
for mrh proporti011 of the
clelsts colltracted by the Gnitrd States of hiierica prior to the twentieth day of
December, eighteen hundred and bixty, as the reprefientativc poplllatioll of t h e
r n i t e d States according to the labt C ~ I I ~ Uthereof.
R

Mr. Curry moved to amend thc, same by striking out the words
last cellsuy) and insertin in lieu tlm-eof the words CPIISIIS of
eighteen hundred and sixty which motion 1)revailed.
hIr. IIale moved to amend by striking out the whole clause.
6

CONVENTION TO FRAME

888

[Mar. 8, 1861.

Mr. Rbett, at the instance of the State of Sonth Carolina, morcd to

reconsider the vote by which the sinendinerit ofTcrecl by Nr. Rcagm
to strike out the words any three. iv1iel-c thoy first occur, in tho first
section of Article V was adopted.
The motion t o reconsider prevailed, and the anlcndment offered by
Mr. Rea an to strike out the words m y three n n d insert in licu
thereof t e words [one-third] of the mas lost.
The question being on the motion of Mi-. Hale to strike out thc third
clause of the sixth article,
Mr. Keitt moved to amend the clauhe hy adding thereto the follswiiig
words:

and as may be ascertained to be due upon an acljustnient of the claims of these Confederate States and the United State8.

MT. Keitt demanded the yucstion; which was seconded. a i d the 1110tion to amend was lost.
The question recurring on the motion to strike oat,
Mr. Stephens demanded the question; which was seconded, and the
motion to strike out the clause p r c v d e d .
The fourth clause lieing as follows:
4. This Constitution, and the laws of the Confetlcrate States which shall he made
in pursuance thereof, and all treaties made, or yvliich shall be made, under the autliurity of the Confederate States, shall be the supreme law of the land; and the judges in
every State shall be bound thereby, anything in the constitution or laws of any State
to the contrary notwithstanding.

Mr. Gregg moved t o amend the same by striking therefrom the

following words:
This Con.ititution, a n d thc laws of the Conf
pursuance thereof, and all trentic.: made, or wli
of the Confederate States, shall I.)ct h c wprwi

i v h shall be made i n
n iitlcr the :tutli urity

And to iiiscrt in lieu thereol the foilowitig w o ~ l ~ :

This Constitution, and the Inws of the (orileclcratc~htatw \\ liich shall he made in
pnrsuance thereof, and all trcvties iiiad(~,or \\ Iric.li cliall l x 11iatlt1, 1)) tliv ConfedtArate
States, under the authority of tlw SMIIIC, shall 1x1 tlw ciipreine law of tlie lantl.

A h . Stephens dciiiunded thr question; which \\-as hworided, and the

motion to amcnd was lo&
The sixth claim of the sixth :Lrticle bcirig a> follow,.
The eriumerntion, in the Constitution, of cwtain riglit\, &hallnot be construed to
dony or dibparage othcrs retained b y tlic peoplc.
M u . M(1cs movcd to atiicritl thc ;.:~nic t)y adding thcreto the words
of tho scvcral States; TI likli was agrwd to.
Mr.Kenner oflered the folloving rc,solntion:
Resoloed, That the Cbrnniiitee on the (~rmmic~nt
Coiiititution
number a ~ L ~ ~ ) ( , ~ ) r ~ iof
n l ithree,
t t ~ ~ ~to
, wl~oln Aall 1 ) rc.fc>lttd
~
th(1
instructioiis to pwkct its style and arrmgciiicwt, n n t l hav<. the
rtqmrted for revisal :3t thc cmliest possible day;

which was adopted.

Nr. Cobb, at the iiistancc of the State of Gcorgin, moT-ed to ICCOIIsider tllc vote hy which the motion of MY.Col)b to anlc1nd the t5velfth
claiise of thc ninth scctiori of the f i r h t a r t iclc -\YXSloht.
The motion to reconsider was postponed for the time.
Convention yesolved itself into (2ongrpss.

SATURDAY, MARCH9, 1861.

Congress having resolved itself in Conyention, proceeded to the
consideration of those parts of the Constitution of the Confederate
St:LtCS of Riiierita which had been passed 0~er informally;
JT hen,
On motion of Mr. Cohb, the motion of Mr. Stephens (which prevtliled) to amend the seventh clnuse of the first section of the second
article was reconsidered.
The question then recurring on the motion of Mr. Stephens to
amend the section, it was disagreed to.
A h . Walker moved to amend the clause so as to read as follows:
S o person except a natural-born citizen of the Confederate Shtes, or a citizen
thereof a t the time of the adoption of this Constitntion, or a citizen thereof born in
the Ciiited Stated prior to the twentieth of December, eighteen hundred and sixty,
shall be eligible to the office of President, ctc.

Mr. Withers moved to amend the amendment by striking out the

same and inserting in lieu thereof the following, to urit:
Only a native born of some one of the States composing the Confederate Stntes of
America at the period of the election, including on
rn of such, tein orarily absent
beyond th e limits of the Confederate States, or a c
n of ttic Confejerate States of
America at the time of the adoption of this Constitution, or a citizen thereof and
born within the United States of America prior to January first, eightecn hundred
and sixty-one.

The motion was lost.

The motion of Mr. Wailrer to amend was agreed to.
The question then being on the motion to reconsider the amendment
of Xr. Keitt to the third clause of the second section of the first articlc, apportioning Representatives and direct taxcs aiiiong the sevcmd
States of the Confederacy according to thcir reqxxtivc nuinhrs,
excluding Indiam not taxed,
Mr,Harris demanded the question; which was seconded, arid the
motion prevailed, the States voting as follows:
Yea: A41abania,Georgia, Mississippi, and Texas.
Nay: Florida, Louisiana, and South Carolina.
The yuestioii recurriiig then on the motion of Nr. Iceitt to amend
the clause, at the instance of the State of South Carolina, the yetis
ttnd l l a p of the entire body were recorded, and they are as follo~vs,
to wit: a
Mr. Nisbet lnoved to amend the same clause defining that The
number of Reprcsentdtives shall not escwd one for every fifty thousand 7 by striliillg out the Xord fifty and inserting in lieu tll@reOf
the word eightT.
The irate being called for by States, is a h follows:
Tea: Georgia.
Xay : Alabama, Florida, Louisiana, Mississippi, South Carolina, and
Texas.
The niotion was lost.
31r. X(enner moved to aniend the same by inserting aftw the W)I&
and until such eiiuriieration be made n the words
the representatire number shall be seventy thousand; and in each state where there
is found a fraction greater tlian one-half of the reprc6entative nuniber, One adclitiorlal
Representative shall be allonred that State.

trThe yeas and nayr m e not recorded in the Journal.

890

CONVENTION TO FRAME

[Mar. 9, 1861.

The vote thereon being laken by States is as follows:

Yea: Florida, Louisiana, and South Carolina.
Nay : Alabama, Georgia, Mississippi, and Texas.
The motion was lost.
Mr. Chesnut moved to amend in the words t h e State of South
Carolina six by striking out t h e word six ) and inserting in lieu
thereof the word seven.
The motion wns lost.
Mr. Barry moved to amend the same by giving to the State of South
Carolina until a n enurnemtion wa:, made, acwrding to the basis adopted,
nine Representatives.
And the vote thereon being taken 1357 States is as follows:
Yea: Louisiana, Mississippi, arid South Carolinu.
Nay : Alabama, Florida, Georgia, arid Texas.
The motion was lost.
Mr. Boyce moved to ariiend the clause by restricting the number of
Representatives that all the States sliould be entitled to to 100.
The vote thereon being taken by States is as follows, viz:
Nay: Alabama, Florida, Georgia, Louisiana, Mississippi, and South
Carolina.
Texas divided.
The motion was lost.
Mr. Rhett niored to reconsider the vote taken by which the amendment offered by Mr. Barry to this clause was rejected, and the rote
thereon being taken by States is as follows:
Yea: Louisiana, Mississippi, South Carolina, and Texas.
Nay: Alabama, Florida, mid Georgia.
The motion prevnilcd.
The question being on tlic aniendmerit ofrered by Mr. Parry,
Mr. lihett inoved to amend the same by adding thereto the State of
Georgia 15 instcad of 10, the State of Alabnnia 13 instcad of 9, the
State of Florida 2 iiistcd of 2, the State of Mississippi 11instead of 7,
the State of Lonisiann 9 iiistcad of 6, and the State of Texas Y instead
of 6.
Mr. Chesnut demanded the question; which was seconded.
The vote thereon being taken by States is as follows:
Yea: Louisi:imt, Mississippi, South Carolina, and Texas.
Nay: Alabama, Floi+idtt,and Georgia.
The motion prcvailed.
Tho question recurring on the airiendment of Mr. Barry as amended
by tho arrieridirient of JIr. Bheit, A h . Keitt demanded the question.
rho Congrcss refiiscd to second the demand.
After discussion, MI-.
Oldham demanded the question; which was
secondd, atid, at tlic inshnce of the State of South Carolina, the yeas
and nays of thc oritire body were recorded as follows:
Alabaii1:~--N:~~~
Messrs. W ~ l k e r ,Smith, Cnrry, Chilton, Shorter,
and Fcaim.
Florida-Kay : Mcssrs. Morton, Anderson, and Owens.
CIeoiy+--;uily: Mcssrs. Toombs, Howell Cobb, Bartow, Nisbet,
Hill, Wright, T. 1%.
12. Cobb, and Stephens.
Louisiana-Yea: ILIessrs. Kenncr, Sparrow, and Marshall. Nay:
Messrs. Perkins, De Clouct, and Conrad.
Mississippi-Yeti: Messrs. Warris and Barry. Nay: ililessrs. Wilson, Clayton, and Harrison.

Mar !f, 1861.1

PERMANENT CONSTITUTION.

891

souill h d h - - Y c a : Messrs. Rhett, &un\vell, &&,, Memminger, a n d &&S.

Nay: khssrs. Chesnut, Withers, and Boyce.
Tcxas-yea: Mr. Ochiltree. Nay: Messrs, Waul, C;yegg, and
Oldham.
Pea: South Carolina, 1.
N:LJ: Alabama, Florida, Georgia. Mississippi, a d Texas, 5,
Di\Gdcd: Louisiana, 1.
The motion was lost.
MI-.
Kenner rlloved to :mend the clause by giving, until the ellulnepation provided for apportioning representatives among the several
States chould be made, to the Statesthe following numbers, respectively,
viz: South Carolina, 7; Georgia, 11; Florida, 2 ; Alabama, 10; Mississippi, 8; Louisiana, 7, arid Texas, 7.
Mr. Withers demanded the question; which was seconded, and the
States voted as follows:
Yea: Louisiana, South Carolina, and Texas.
Way : Alabama, Georgia, Florida, and Mississippi.
The motion was lost.
The Congress then proceeded to consider third clause of section 8,
of Article I, which had been informally passed ovor, and the amendments offered thereto, viz:
To regulate commerce with foreign nations, and among the several States, and
with the Indian tribes.

Mr. Toomba withdrew his amendment.

Mr. Rhett renewed it, and it is as lollows:
but neither this, nor any other clause contained i n this Constitution, shall ever be
cunstrned to delegate the power l o Congms to appropriate money for any internal
improl anent intended to facilitate commerce.

Mr. Bartow moved to lay the amendment on the tablc and dcmanded
the question; which was seconded, and, at the instance of the State of
South Carolina, the yeas and nays of the entire body ~vcrcrecorded,
and arc as follow\.s,viz:
Alaluainir -Pea: Messrs. Walker, Smith, Clijltorr , Tale, and Vcttr11.
Nay: Mr. Curry.
Florida-Yea: Mr. Morton. Nay: Ililessrs. Anderson and Owens.
Georgia-Yea: Messrs. Bartow, Kislwt, IG11, T. li. K. Cobb, mid
Stephenb. Nay: Meusrs. Toonibs, Howell Cobb, and Wright.
:
Dc Clouet, Conri~cl, and Kcnncr. Nay:
Louisiana-Y e ~ Rlcssrs.
Rfessrs. Yerkins, Sparrow, and Marshall.
Missi3sippi-Yea: Messrs. Harris and Clayton. Nay: Messrs. Wilson, Barry and Harrison.
South ciroljna--Say: & k s . Rhett, 13arnwel1, Keitt, Chesnnt,
~ e i i i m i n g e r Miles,
,
Withers, and Royce.
Texas-Xay: hlessrs. Waul, G r e g , Oldhani, and Ocliiltroc.
Tea: Alalmna and Georgi:~,~
2.
~~1~ : Jlorid,z, Mississippi, South Crwolinu, mid lexw, 4.
I)i\-ided: Louisiana, 1.
The imotion was lost.
on Iflotion of ~ r ~:obb,
.
the amendment w:t\ anicndotl hy adding
thereto the following, viz:
exceptfor the pnrpose of furnishing lights, beacona, buoys, and other aids to navigatioll uporl the
and the improvement of harbors and the relrloving Of
obstructtons ill rlrer narigation, in it11 I\ hich capeti, such dUtkS d d l be laid on the
Collllne~~e
facilitated thereby, a5 to pay thc costs and csImscs thereof.

CONVENTION TO FRAME

892

@hr. I), 1861.

Rlr. Sparrow moved to amend the uinendlncnt a h amended by striliing out the same and inserting in lien thereof the following:
Prwided, That Congress may appropriate, from the net r e y n x s of the port of New
Orleans,
per cent to kecp open the mouths of the Mihbissippi River, and a like
p e r cent of the net revenues of the other portu of the Confederacy to make necebsary

improvements in the harbors thereof.

The motion mas lost.

Mr. Ycrlrins moved t o amend the amendmerit of MY. lthctt :x\
amended by striking out the word-coiiinierce, where it last occuih,
and inserting in lieu thereof the word na~igation.
The motion prevailed.
The question recurring on tho ~rneiidrnentof Mi.. Rhett as amcndcd
to said clause, at the instance of the State of South Carolina, the yeas
and nays of the entire body were recorded, and arc a s follows:
Alabama-Yea: Messrs. IValker, C u q , IIale, Mcltae, Shorter, a d
Fearn. Say: Mcssrs. Smith and Chilton.
Florida--Y ea: Xessrs. Morton, Anderson, and Owens.
Georgia-Yea: Messrs. Toomf~s,IIo~vell Cobl), Nishct, T. ltt. lt.
Cobb, and Ste hens. Kay: Meshrs. Bartow and Hill.
Louisiana- ea: Messrs. Perkins, Sp&rro\v, and Marshdl. Nay:
Messrs. De Clouat, Conrad, aid Kennor.
Mississipgi-Yea: Mewrs. Clayton, Barry, a i d Harrison. Nay:
Messrs. Ilarris and Wilson.
South Carolina-Yea: Messrs. lthett, 13arnwel1, Iceitt, Chcsnut,
Memminger, Miles, and Boyce. Nay: Mr. Withers.
Texas-Yea: MY. JV:iul. Xny : Mcssrs. Gregg and Ochiltree.
Yea: Rlnhaina, Florida, Gcorg Ia, Missihsippi, :ind South Carolina, 5.
Nay: Texah, 1.
Divided:
Louisiaii:L, I.
r,
1he amcnclriierit \viLs : ~ g
\ I section of Article I being under
Tho seveuth clause of
consideration; which is as follows:
KO prc.fereiicLe shall I)egivcri b y m y rcyplatioii of c oiiiiiieicc U I

of one State over tlioie of :tnothtv, nor bh:tll W S Y ~ ~ ~t)ouiid

H
to
oliliged to entm, clear or 1)ayduties in another.

On motion of Mr. Memniingc~r~,

thc saiiw was :tiiwntlrd l)y striking
out tho ~ o r d sto
, wit: noi qlinll vcssel~1 ) o u r d to or f r x m orit State
be o b l i g d to cwter, clcar or pay duties in aiiotiier.
lh e
clause, following, b h g tinder considcration:
(:ougr

tl1c fwc

iiiakc 110 law lerpoc4mg an c~tablisliiiierit

of rcligiun, or piohibiting
thcrc.ai, ete.

r ,

Ihe question p i d i n g was on tho motion of Mr. Cobb to i*won4tlcr

the votc by lvhich hi$ anitwdiiiciit w:is rcljectcd to timmd tho h i ~ n i cI)y
inserting aftvr thc word thcrcof tlie -\vords or i q u i r i n g ser.111;~~
labor to bc, prrfornicd on tlm S:hbath by its eniployces.
Mr.
Cob\) witfidrcw thc inotion to wcoiisitlc.r.
r,
i h first
~ clttnsc~of section 10 o f the first articlo being tinder conrideration:
No Stat(. cliall wtcr iiito a n y
inarcluc and i c p r i 4 ;
in p y m ?it of tickbts, I
the obligation 01 conti

tv, alliance, or cwnfctleration; grant letters of

old aiicl silver coil: a te!iGcr

j(icto law, or la\\ mipairing

Xar. 3, 1Xbl.I

PERXAXENT CONSTITUTION.

893

T11c v e s t i o n pending was on the motion of Mr. Rhett to a~nendthe

s:me 13- adding thereto the following words:
S o r dial1 any State remain in this Coiifedcracy which does not autlloriee the institution of slayery within itu limitp.

3Ir. Rhett withdrew his motion.

311.. Perkins renewed it.
M r . Stephens moved to lay the motion on the table.
At the h t a n c e of the State of Louisiana, the yeas and nays of the
entire body were recorded as follows:
Alahama-Yea:
Messrs. ffalker, Smith, Curry, Chilton, I-Inle,
XcEae, and Fearn. Nay: Mr. Shorter.
Florida-Yca: Mr. Morton. Nay: Mr. Anderson.
Georgia-Yea: Messrs. Toombs, Kisbet, Hill, and Stephens. Nay:
Mcssrs. Howell Colob and Thomas B. B. Cobh.
Louisiana-Yea: 31Iessrs. De Clouet, Conrad, and Kenner. Kay:
Xessrs. Perkins, Sparrow, and Mamhall.
Xississippi-Yea : Messrs. Harris, Wilson, Clayton, Barrj-, and
Harrison.
Soiith Carolina-Yea: Mews. Chesnut and Boycc. Kay: Messrs.
Rhett, Barnwell, Kcitt, Memminger, Miles, and "ithers.
Texas-Xay : Mesm. Waul, Gregg, and Ochiltree.
Yea: A l a h n a , Georgia, and Mississippi, 3.
Nay: South Carolilia and Texas, 2.
Diridcd: Florida and Louisiann, 2.
The motion T I ~ S lost.
X r . Perkins then withdrew his aniendment, accepting in lieu thereof
the following, which mas offered by Mr. Barry as :in amendnicnt to
his, t o wit:
S o one of the Coilfederate State5 in w l ~ i d African
l
slavery eslsts h a l l abolish it
without the conqent of all the slaveholding States.

Air. Stephcni demanded the question; which was seconded, and, a t

the instance of the State of South Carolina, tbc Feas mid nrtys of the
~~~11olc
body mcrc required to be recorded, nrid are as follows:
Rlahama-Yea: Mr. Shorter. Nay : N e w s . IValltcr, Smith, Curry,
Chilton, Ilak, and Fenrn.
Vlorida-yca: Messrs. Anderson and. OMem. N ~ s : Mr. Morton.
Georgia-Ksy: Messrs. Toonil)s, IVisbet, 121, Thomas xi. It. Cobb,
and Stephens.
Louisiana -1'ca: Messrh. Perkins, Sparrow, and Marsldl. Nay:
AIessrs. De Clouet, Conrad, aud Iienner.
;CVlississippi-yea: My. Barry. Nay: Xessrs. Harrib, milson,
Clavton, and Harrison.
south Caro]ina--Yea: Nes.;rs. Rhptt, Barnwell, Keitt, Ahmmingcr,
rs. Chesnut, \Tithers, and Boyce.
Waul, Gregg, and Ochiltrec.
Yea: Florida, South Carolina, and Texas, 3.
Say: Alabanm, Georgia, and Nississippi, 3.
Diridcd: Louisiana, 1.
The third clause of the tenth section being under consideration, '' No
State shall, piithout the consent of Congress, lay any duty of tonnage," etc.,

894

CONVENTION TO FRAME

[Mar. 9, 1861.

The question being on the iiiotion of Mr. Marshall to amend by

adding after the word tonnage the words
except on seagoing vessels, for the improvement of its rivers and harbors navigated
by the same: P m i d e d , The same shall not conflict itith any treaties of tho Confederate States with other nations; arid anv surplw ot revenue, thus derived, bhall, after
making such improveinents, be paid *into the conimon treasury. Kor shall any
State, etc.

Mr. Conrad moved to amend the ainendmcnt by adding after the

words other nations the wordh
And prodded also, That such duties shall be collertrd and expciidcd untler t h c tiirection of the President.

Mr. Sparrow demanded the question; vhich was seconded, and the
motion was lost.
The question recurring on the motion of 31v. ?Yfnrihtill,the .;%mewas
agreed to.
The qucst,ion then was on the motion of Xr. Iktlagan to aincncl the
clause by striliing out the same and inserting in lieu thereof the
following :
No State shall, without the tonsent of Congrors, keep trooph or diips of n ar in
time of peace, enter into any agreement or cornpact ~ i t mother
h
State or with a
foreign poTver, or engage in war, unless actually in\ aded, or i:i siicli iiiuiiincnt danger
as will not admit of delay; but they inay l w y tonnagc duties u n I i t ers and other
iiaviqable waters in their jurisdiction for t h e sole purpose of impro\ iiiq thc rmvigation of such rivers and waters; and nhwe such rivers or othei waters divide or flow
thrniigh t w o or niore States, or forin a bouiiclary 1)etvecri any of the Confederate
Statcs and a foreign l~owc~r,
f t1c.y inay enter into compacts witli each other t o improve
the na] igatioii t l i r w n f , snljjcct to s ~ treaty
h
stipulatioiis as may he mattie by thp
Confederate States u it11 h)t.cxiyii powers P r o m mhicii such rivers map ilon or through
which tliey m a y paw.

The srcorid c1:ense of thc liiht wction of 111~f h t aiticlc }wingu n c l ~ r

consideration, which pi-o~iclcsfor c1ectoi.s for choosing li~c4clctrtand
Vice-lrcsidont and th(>modc and nianiier of the choosing thc s m i c ,
MY.Stcplicns niovcd to :ttlopt thc report of the coniinittm, und, at
tho instance of thc Stntc of l(ixab, thc yetis and n
of the cntirc body
werc recorded, and are as follows:
Alrhina-Yca : Mcssrs. Chilton, Hale, Jlcliac, Shoitcr, :xnd Fearn.
Nay: Mcssrs. Walkcr, Smith, and Curry.
Florida-Yea: Messrs. Morton mid Anderson. N>ty: Mr. Owens.
Georgia-Yea: Mcssrh. Iowcll Cobl), Kishct, E l l , Kright. Thomas
1%.
13. Cobh, and Stephcns. Nag: 11/11..Ioombs.
Louisiana-- YCB: Rilcssrs. L)e Clonct8, Conrad, and Konncr. Nay:
Messrs. Perkins, Sp:irrom, arid Marshall.
Mississippi-Yea:
3lesnrs. IIarri,, Wilson, Clayton, Barry, and
Harrison.
South Carolina-Kay: Mcssrs. Bhett, 13arnwcl1, Iceitt, Chesnut,
&Iemmiiigcr,
R4ilc.s. Withers, and Bogc~.
r >
lexxh--IToa: h4essi.s. \\aul, G.regg? and Ochiltree.
Yea: AlaI!tum, Florida, Georgia, Misbiqhippi, and Texas, 5.
Nay: South Carolina, 1.
Divided: LouisianR, 1.
On motion of Mr. Coblo, the amcndrnents which mere offered and
lnding to this subjctt-matter were laid on the table.
PLTh~first clause of the third section of the fourth article being under
cousideration, providing h o v other States may be admitted into this
Confederacy, etc.,

Mar. 9, 1Yhl.l

PEXMANENT CONSTITUTION.

895

Mr. Perkins moved to reconsider the vote rejecting the amendment

offered by Mr. Withers thereto.
The motion prevailed.
And the question being on agreeing to the amendment, Mr. Shorter
moved to amend the amendment by striking out the same and insorting
in lieu thereof the words
Other States may be admitted into this Confederacy by a vote of two-thirds of the
whole House of Representatires and two-thirds of the Senate, the Senate votirlp by
States.

The amendment as amended was agreed to,

Mr. Cobb offered the following as the last clause of the Constitution, to wit:
When five States shall haTTe ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution shall prescribe the time for
holding the election of President and Vice-president; and for the meeting of the
electoral collcgc; and for counting the votes, and inaugurating the Prcsident. They
shall, also, prescribe the time for holding the first election of members of Cong
under this Constitution, and the time for assembling the same. IJntil tlic asscnibling
of such Congress, the Congress under the Provisional Constitution shall continue to
exercise the legislative powers granted them; not cxtcnding beyond the tiiiie limitcd
by the Constitution of the Provisional Government;

which was agreed to.

Mr. Toombs ogered the following resoliition:
Kesolced by the Coi~oenlion. That the injunction of secrecy bc taken off so Ear as to
allom thr Secretary of 8.tate to rekr to its action on the Constitulion as far as the
pcblic intc.icrt inay reqmrt~;

:vhich was adopted.

MY. Cobb nioved that tho Convention proceed immediately to vote
the Constitution as amended; which was agreed to, the States voting
as follows:
Yea: Alabama, Florida, Georgia, Mississippi, South Gwolina, and
Texas, 6.
Nay: Louisiana.
Mr. Waul nioved to adjourn; which was lost.
After further discussion, Mr. Chesnut niovcd to adjourn; which
was also lost.
Jfr. \i7ithers, at the instance of the Stntc, of South (hrolina, nlovcd
to reconsider the vote by which it was agreed that tho Convention proceed a t once l o take a vote on the Constitution as amended.
Pending TThich,
On motion of Mr. Cobb,
The Convention took a recess till 7.30 07clockp. m.
7.30

O'CLOCK P. BI.

The question being on the motion of Mr. Withers to reconsider the

vote bJ; \-vhich it was agreed that the Convention should take the votc
irnunediately on the Constitxtion, the same prevailed, the States voting
as follows:
Yea: Florida, Louisiana, Mississippi, South Carolina, and Texas.
Nap: Alabama and Georgia.
The question then being on the motion of 14h. Cobh to take the lrote
imlnediately on the Constitution, the same was lost.
onlllotion of &fr. Smith, it was ordered that the report of the s u b committee of three appointed by the Conmiittee on Perrnancnt Consti-

896

CONVENTION TO FRATVIEI'ERNANENT

C o m r I T u T I o N . [Jrar. 11. I ~ I .

tution to revise the Constit,ut:ion,c,orrect clerical criwix, : ~ n dto transpose words for the better st.ructure of the language used should bc
spread at largo on the Journal.
The following is the report of the subcommittee: ('
Mr. Bartom offered the following resolution:
Resolved, That the injurlctiorl of secrecy as to the adopliori of the Coiistit.ution by
this Convention a d as to the proceedings of the Convention be reriiovcxl so far as to
allow each inernlser to communicate the same in writing or otherwise in secret eeevioii
to any of the State conventions;

which was agreed to.

On motion of Mr. Cobb, it was agreed that when the vote sliall be
taken on the Constitution that the name of 311.. Thornas R. R. Cobb
(to whom leave of absence mas g ~ a n t c d )should be recorded in the
affirmative.
Leave of absence wab granted to MI-. Bartow and Mr. Kcitt.
Convention then resolved itself in Congress.
MONDAY, MARCH11, 1861.
The Congress having resolved itself in Convention, proceeded to
the consideration of tho Consthtion of the Confederate States of
America.
The same was ordered to be engrossed; which having been dolle,
was read a third time.
And the qucstion being,
Shall tho Constitution bc passed and adopted?
At the instance of the State of Qcorgia, thc y ~ a band nsys of tlic
whole body were ordered to be spread 011 the Journal, z n d arc as follows, viz:
Alabama-Yea: ;l.lessrs. Walker, Smith, Currj-, Hale, MCRRC,
Shorter, and Fearn. Nay: Nonc.
Florida-Yea: R'lcssrh. lfoiton, Anderaon, and Owens. Kay: None.
Georgia-Yea: Mc
.Tooiiik, Howell Cobb, Bartom, Xishct, Rill,
Wright, T. M. R. Cobb, and Stephens. Nay: Sone.
Louisiana-Yea: Messrs. Perkins, De Clouet, Conrad, Kcnner, Sparrow, and Marshall. Nay: None.
Mississippi-Yea: Messrs. Harris, Brooke, VI7ilson. Clayton, Barry,
arid Harrison. Nay : None.
South Carolina-Yca: Mcssrs. Hhctt, Barnwell, Keitt, Chesnut,
Memminger, Miles, Wilhcrs, and Boyce. Nay: Sone.
Texas-Yea: Blesers. Reagan, IIemphill, Waul, Gregg, Oldham, and
Ochiltrec. Nay: Kone.
Thc Constitution was therefore passed and adopted unanimously.
The Convcntioii then 1-csolveditself into Congrezs.
-

___

~~-

__

aNot recorded in th(h Soiinial arid not found with the Confederate archives iii the
custody of the War Department.

CONSTITUTION FOR THE PROVISIONAL GOVERNMENT OF

THE CONFEDERATE STATES OF AMERICA
AND

PERMANENT CONSTITUTION OF THE CONFEDERATE

STATES OF AMERICA.
[Reprinted from the Confcderate States Statutes at Large, published by authority
of Congrws, Richmond, Va., 1864.1

T/Le Confiderute States of i l i t z e ~ l c c ~At a Conwrcss of

the Soverei n arid Independent States of South Charolina,
Georgia, Fyorida, Alabama, Mississip i, and Louisiana,
begun and holden a t the Capitol in h ontgomcry, in the
State of Alabama, on the fourth clay of Fobruary, in the
year of our Lord one thousand eight hundred and sixtyone; and thence continued, by divers adjournments, until
the eighth day of February in the same year:

MTe, thcDcputicsof the Soverei n andIndependcnt States p~;~,!&$!j~

of Sonth {hrolina, Georgia, Florifir, hlabaina, Mississippi, ernment, eshband Louisiana, invokin the favor of Almighty God, do lishcd.
hereby, i n behalf of t csc 'States, ordain and establish
this Constitution for the Provisional Government of the
same: to continue one year from the inauguration of t h e , ~ ~ ~ ~ u , itoO " g
Presidcnt, or until a pcrrmnen t Constitution or Confederation between the said States shall be put in operation,
whichsoever shall first occur.

ARTIcL.li:
SECTION

I.

1.

All legislative powers herein dole ated shall be vested , , " , c ~ ~ ~

in this Congress now assembled unti otherwise ordained. Congrcm.

SECTION

2.
Vacanciefi in

When 1-aeancies happen in the represontation from any the represen&State, the same shall be filled in such manner as the proper tion, how
authorities of the State shall direct.
899

900

PROVISIONAL CONSTlTUTlON
SECl'JOK

3.

1. The Congress shall be the judge of the elections,

t ~ ; g $ ~ ~ t ~ ;
e l e c t i o n s , re- returns and qualification of its members; any nuniber of
turns and qiialificlttlonsof mem- Deputies from a majority of the States, being present, shall
k;;:ioz;;;;$: constitute a quorum to do business; but a smaller number
What n u m b e r may adjourn from day to day, and may be authorized to
may adjourn
Each State en- compel the attendance of absent members; upon all quesHOW
State repre- tions before the Congress, each State shall be entitled to
tltledtoonevote.
sented.
one vote, and shall be represented by any one or nivre of
its De uties who may be present.
ceding.
Rules of pro2. he Congress may determine the rules of its proceedings, punish its members for disorderly behaTior, and
with the concurrence of two-thirds, expel a member.
, $ $ ~ ~ ; ~ P ~ o ; :3. The Congress shall keep a journal of its proceedings,
kept.
and from time to time publish the same, excepting such
parts
as may in their judgment require secrecy; and the
Yeas and nays.
yeas and nays of the members on any question, shall, at
the desire of one-fifth of those present, o r at the instance
of any one State, be entered on the journal.

.rp

SECTION

4.

Compensation The members of Congress shall receive a compensation

g5$;a$bers.for their services, to be ascertained by law, and paid out
In what cascqof the treasury of the Confederacy. They shall in all
members privilegedfromarrest.cases, except treason, felony and breach of the peace, be
privileged from arrest during their attendance at the sossion of the Congress, and in going to and returning from
Nottobequeq- the same; and for any speech or debate, they shall not be
tioned for any
speechordebatc. questioned in any other place.
SECTION

6.

c ~ ~ ~ ; e ; ~ ~1.
d ~Every
{

bill which shall have passed the Congress,

toshall, before it becotno a law, be presented to tho YresiPresident. Pro
ceedings wilell dent of the Confederacy; if he approve, he shall sign it;
$&~;$;;.dexit
but if not, he shall return it with his objcctions to the
Congress, who shall enter the objections at large on their
journal, and procecd to reconsider it. If, after such reconsideration, two-thirds of the Congress shall agree to
pass the bill, it shall become a law. But in all such cases,
the vote shall be determined by yeas and nays; and the
IIRIIIC'S of the persons voting for and against the bill shall
wllcll b
1
'
:
W- bc, entered on the journal.
If any bill shall not be returned
tairicd by I reyicicIlt ~ C L O ~ L a' Sby the President within ten days (Sundays excepted) after
kW.
it shall have been presented to him, the same shall be a
law, in like manner, as if he had signed it, unless the Congress by their adjonrninent, prevent its return, in which
Prcsidcllt
may
bcto OIIC and np- case it shall not be a law. l h o President may reto any
r)*ovc a i i o t h ( x rappropriation or appropriations and approve any other
rtpprnlirintion i n
sfunt, w
appropriation or appropriations in the same hill. *
tionu, et( re401uto bc
2. Every order, resolution or vote, intendcd to have the
prcsented'to tlic force and effect of a law, shall be presented to the PresiI ' r o s i d c n t If
di.appro,7c~ I), dcnt, and boforc the hxine shall take effect: shall be ap:;:id $,Tvc;;~~~roved
by him, or 1)ein disapproved by him, shall be
gress.
repassed by two-thirds o tho Congress, accordin to the
rules and limitation.; prcscrihed in the case of bi 1.
presented

F'

OF THE CONFEDERATE S'I'ATES.

3. IJntil the inauguration of the President, all bills, i ~ ~ ~ ~ ~ ; $ f ; , n t

~ r d c r resolutions
~,
and votes adopted by the Congress bi!is,etc.,of{orc;,
wlthout hls a p
shall be of full force without approval by him,
proval. .
SECTION 6.

1. The Congress shall have power to lay and c o l l e c t g ~ ~ ~ ~ ; ~ t ~ ;

taxes, duties, imposts and excises, for the revenue neces- to carry o n the
sary to pay the debts and carry on the Government of theGovernmcnt~
Confederacy; and all duties, imposts and excises shell bel,t:ktiE. t o b e
uniform throughout the Shtes of the Confederacy.
2. TOborrow nloncy 011 the credit of the Confederacy:
orrow
3. To regulate commerce with foreign nations, and Co~Ilro~~jlin t c
among the several States, and with the Indian tribes:
4. To establish n uniform rule of naturalization, and u l ~ o ~ $ & ~ ; s $
riatiirirl i ea tion
uniform laws on the subject of bankruptcies throughout and
law of bnnkthe Confederacy:
ruptcy.
5. To coin money, regulate the value thereof and of Tp;2i;tz;;;~
foreign coin, and fix the standard of w i g h t s and nieasures: of weights and
8. To provide for t h e punishnient of counterfeitir~gthe n l ~ ~ ~i s~ , I l
Lonnterfeits.
securities and current coin of the Confederacy:
To eq t 8 b 1 is h
7. To establish post offices and post roads:
post offices and
8. To promote the progress of science and useful arts, r o $ ~ p r o m o t c
hy securing, for limited tinics to authors arid inventors, $,e;.ald
methe exclusive right to their respective writings and discowries:
l'oconstitutcin9. To constitute tribunals inferior to the supreme court: ferior tribullais.
10. To define and punish piracies and felonies committed p;;;sp",:ag;
on the high seas, and offences against the law of nations: etc.
11. To declare war, grant letters of marque and reprisal, Todeclmwar.
and make rules concerning captures on Innti ttnd water:
12. To raise arid support armics; but no appro wiation Toraiscarmies.
of money to that use shall be for a longer term t ?an two
years:
To provide a
13. To provide and maintain a navy:
nnvy.
14. To make rules for the government and rcgulntion of a2g;;r;;y
the land and naval forces:
1.5. To provide for calling forth the militia to execute
the lams of the Confederacy, suppress insurrections, and
repel invasions:
Orgnniza ti on,
16. To provide for organizing, aiming, and disciplining etr., of tile mitithe nlilitia, and for governing such part of thciri as iiiaj' tirr.
be ernployed in the servicc of the Confederacy, reserving
to the States respectively the appointment of the officers,
and the aiithority of training the militia according to the
discipline prescribed by Congress: and
To m s k c sll
17. To niake all laws that shall bc necessary and proper 1,twsncccssary
to
rarrr iiito eftect
for carrying into execution the foregoing powers and all tlic 'powcri ex
other pomcrs expressly delegated by this Constitution to w
&ydelegqted
by the Constituthis Provisional Government.
tion.
18. The Congress shall have power to admit other States. Toadmitstates
19. This Congress shall also cxercise Executive powers , o ' $ " ~ ~ , ~ ;
till President inuntil the President is inaugurated.
augurated.

902

PROVISIONAL CONBTLTUTION
SECTION

7.

importation of African negrocs from any foreign

,forbiddcn.
, ? ~ & y ~ tcountry
; 1.
o ~The
~ other
than the slaveholding States of the United
States, is hereby forbidden; and Congress are required to
pass such lams as shdl effectually prevent the same.
2.~ The
Congress
shall
also
have
power
to prohibil the
s
l
~
~
~
d
~
~
~
~
~
i
~
~
ited.
introduction of slaves from any State not a nieinber of this
Confederacy.
*rltofHabeas
3. The rivilege of the writ of Habcas Corpus .;hall not
Corpus.
be suspen ed unless, when in cases of rebelliou or in\-%sion, the public mfety may require it.
Bill of Attainder, of e2:
4. No Bill of Attainder, or ex: post *fact0 law shall be
fact0 law.
passed.
t o N & , $ ~ ~5.~ No
~ ~ preference shall be given, by any regulation of
State o w mi- commerce or revenue, to the ports of one State over those
other.
of another: nor shall vessels bound to or from one State
be obliged to enter, clear, or pay duties, in another.
No money
drawn from t h e
6. No money shall be drawn from the treasury, but i n
;g;.s~.,~~k::$~
consequence of appropriations made by law; and a ~ c g u l a r
and c x p c n d i - statcmcnt and account of the receipts and expenditures of
published. all public money shall be published from time to time.
Appropriations
of money from 7. Congress shall appropriate no money from the treasthe
treasury. ury, unless it bc asked and estimated for by the President
When
authorized.
or some one of the heads of Departments, except for t h e
pnrposc of paying its own expenses and contingencies.
No title of nobility to
be
8. KO title of nolJility shall be granted by the Confedgranted .
eracy; and 1 1 0 person holding any office of profit or trust
under it, shall, withoiit the consent of the Congres.i, accept
of any prcsent, erriolunicnt, office, or titlo of ariy l c i d
whatever, from any Icing, prince or foreign State.
Religious free9. Congress shall make no law respecting an estahlishdom.
ment
of religion or proliihiting the frcc cscrcisw thereof:
Freedom
:{or abridging the freedom of spcech, or of t h e pro^^; or the
t.ec~,
tRe pieus.
right of the people peaceably to assemble, a n d to petition
Right of petithe Government for a redress of such gricvancts ;\$ t h e
tion.
delegated powers of this Government inay warrant it to
consider and redress.
Ri tit to bear
10. A well regulated militia beinq necessary to the seandieeparms.
curity of a free Statc, the right of the people to keep and
bear arms shall not be infringed.
Qnartering of
11. No soldier shall, in time of eace, be quartered in
soldiers.
any housc without tho eonscnt of t c owner; nor j r i time
of war, but in a manner to bc prescribed by lam.
,e,~$~O,n;~l; 1%The right of tho people to be secure in their persons,
seimres prohib- houses, papcrs, and effects, against unreasonable searches
itrd
N O warrant toand seizures, shall riot he violated; and no warrants shall
~ ~ ~ ~ ~ $issue
~ ; but
P t hupon probahle cause, supported by oath o r
affirmation, and particularly describing the lace to be
searched, and the persons or things to be seize

$.

OF THE CONFEDERATE B'I'ATES.

13. No person shall he held to answer for a capital or hy$&;g,~;

otherwise infamous crime, unless on a presentment or famouserimes.
indictment of a grand jury, except in cases arising in the tqriccputinjwp
No one to be
nrdy of life or
land or naval forces, or in the militia, when m
i actual serv- limb
forsameofice in tiinc of war or public danger; nor shall any person fen& nor coml w subject for the same offence to be twice put in jeopardy i ~ ~ $ & t o h ~ ~ { {
be deprived
of life or limb; nor shall be compelled in any criminal case7 nor
of life, etc., withto t'3 a witness against himself; nor bc dc rived of life, outprocesuofiaw.
liberty, or propcrty, without due process of aw; nor shall
t,"'"g
for publlc
private property be taken for public use, without just talcen
use, withoutcomcompensation.
pen.satiou.
14. I n all criminal prosecutions, the accused shall enjoy Trial
. . by juryin
the right to a speedy and public trial, by an impartial jury criminal cases,
of the Statc and district wherein the criiiie shall have been
committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause
of the accusation; to he confronted with the witnesses
against him; to have compulsory process for obtainin@
witnesses in his favor; and to have the assistance of counse?
for his defence.
15. In suits at common law, where the value in contxo- ciTz:&$Uryin
versy shall exceed twenty dollars, the right of trial by jury
shall be preserved; and no fact tried by a jury shall be
otherwise re-examined in any court of the Confederacy,
than according to thc rules of the common law.
16. Excessive bail shall not be required, nor excessive n ~ f ~ ~
nor ex c e s q i ve
fines imposed, nor cruel and unusual punishments inflicted. fine
imposed or
17. The enumeration, in thc Constitution, of cert2lln
'
unishment inrights, shall not be construed to deny or dispamge others 'i~~&crationof
eertriin rights not
retained hy the people.
to be construed
18. The powers not delegated to the Confederacy by the todLm .v others reConstitution, noy prohibited by it to the States, aretainedby
Reserve2eople
pow:
em.
reserved to the States respectivcly, or to the people.
19. The judicial power of the Confederacy shall not betk;fm;:;zi;i
construed to extend to any suit in law or equity, coni-power.
menced or prosecuted against one of the States of the Confederacy, by citizens of another State, or by citizens or
subjects of any foreign Statc.

SECTION

cprFi$

8.

1. No State shall enter into any treaty, alliance, or con- tlpigtpf

t;;
federation; grant letters of marque and reprisal; coin stutcs.
money; emit bills of credit; make any thing but gold and
4 v e r coin a tender i n payment of debts; pass any bill of
attainder, expost fucto law, or law impairing the obligation
of contracts; or grant any title of nobility.
2. No State shall, without tho consent of the Congress,
lay any imposts or duties on imports OY exports, pxcopt
what mag be absolutely necessary for executing its Inspection laws; and the nett produce of all duties and imposts,
laid by any State on im orts or exports, shall be for the
use of the treasury of t e Confederacy, and all such laws
shall be subject to the revision and control of the Con-

9.04

PXOVISIONAL CONSTITUTION

gress. No State, shall, without the consent of Co~igress,

lay any duty of tonnage, enter into ally :Lgrecnient or
compact with another State, or with a foreign powe,r, or
engage in mar, unless actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE
IT.
SECTION

1.

11 t i v e
1. The Executive power shall be vested i n a President
~ & ~ in ~of ~thet Confederate
e d
States of America. flc, together with
Durationof his the. Vice President, shall hold his office for 01ie year, or
ofice arid of the
office of V i c e - until this Provisional Government slid1 be supercedcd bj7
President.
a Permanent Governmemt, whichsoever shall first OCCIIY.
branner o f
2. The President aiid Vicc-President shall be elected by

Exec

electing P r e u i dent, and V i c e b d o t

by the States represented in t h i s Congress, each

State casting one vote, and a majority of the whole being
requisite to elect,.
except natural born c,itizeii, or R citizen
of'$tlFg&;;; of 3.oneNoofperson,
the States of this Confederacy at the time of the
adoption of this Constitution, shall be eligible t'o the
office of President; noither shall any person be eligible to
that office who shall not have attained the agc of thirtyfive years, and been fourteen yews a resident of one of
t h e State,s of this Confederacy.
V a c * ~ l ci!l~ 4. 111case of t,hc rcmoval of the Presidcnt from office,
ofiice of President; how Y 111)- or of his deat,h, resigntition, or i~iahilit~y
to discharge the
plied.
yovers and duties of thc said oflicc, (which inability shall
be determined I)y :L votc of tx-o-thirds o f the Congress,)
the same shall devolve o n the Vice-President; and the
Congrcss may by law providc for the casc of removal,
death, resigntition, or inability, both of the l'rosident and
Vice-Prcsidcnt,, doclaring what officer shall then act as
President; and such oficc:i* shall act accordingly, until the
disabilit,y be removed or a. Prcsident &all bc elcctecl.
Compensation
5. The President shall at stated limes receive for his
for tlie services
of the Prksident: YCTViceS, during the period of the 1'rovisional Government,
a compensation at the rate of twenty-five thousand dollars
per annuin; and he shall not receive during that pcriod any
other cniolnnient from this Confederacy, or any of the
States thercof.
Oath.of office 6. I3cforo he enter on the execution of his office, he
of Prereadent .
shall t,ake thc following oath or afiirmation :
I do solcniiily smear (or affirm) that 1 will faithfully
execute the offico of President of t h e Confederate St.at.es
of America, atid will, to the best of iiiy ability, preserve,
protect, nnd clefend the Constitution thereof.
pres'dent.

s&criox 2,

,President.
:tiTp:pr ;
;
:

1. Thc Yresident shall bc Commander-in-Chief of the

Army and Navy of thc, Confederacy, arid of the militia of
the several S t a h , when c:iilcd into thc nctunl service of the
Confedcracy; he may Icquirc the opinion, in writing, of

O F .THE CONFEDERATE STATES.

the principal oficer in each of the Executive Departments,

upon any subjcct relating to the duties of their respective
offices; and he shall have power to grant reprieves andpe;;i;v$;;t,;
pardons for offences against the Confederacy, except in pardons.
cases of irlipeechriient.
2. Re shall have power, by and with the advice andtr2:;e;
consent of the Congress, to make treaties; provided two- with &sent of
thirds of the Congress concur: and he shall nominate; and collgreSS*
by and with the advice and consent of the Congress, shall
appoint ambassadors, other public ministers and consuls, t o $ p n t m e n t s
judgcs of the courts, and all other officers of the Confederacy wliose appointments are not herein otherwise
provided for, and which shall be established by law. Rut
the Congress may, by lam, vest the appointment of such
inferior officers as they think proper i n the President alone,
in the courts of law, or in the lieads of departments.
3. The President shall hare power to fill up all v&can-.Vacancies during tho I'eceqs of
cies that may happen during the recess of the Congress, Cowem.
by granting- oommissions, which shall expire at t,he end of
their next session.
SECTION

3.

1. He shall, from time to time, give to the Congress P r c n i d e n t , t o

information of the state of tho Confederacy, and recorn-?ive Congress inorination of the
mend to their considemtion suc~limcasures ns he shall judge ; ~ ~ r ; ~ l ; ~Conle
ncwxsi:iry and expedient; he iuay, on extraordinar occaconvene
sions, convene the Congrcss at such times as he shal thinkz;FgEtgo,:
proper; he shall receive ambassadors and other gublic sion.;
niinisters; he shall take care that the laws be fait fully O t h e r powers
executed; and ehall cornmimion all the officers of the Con- and d'itles.
f ederacy .
2. The President, Vicc-President, and all civil officers of o,gmrd:;;z
the Confederacy shall be removed from office on convic- tion of cI'ln,c\.
tion by the Congress of treason, bribery, or other hi h
crimcs and misdemcanors: a vote of two-thirds shall e
necessary for such conviction.

fl

ARTICLE
111.
SECTION

1.

1. The judicial power of the Confederacy shall be vested JiiAirial power

vested in Suin one Supreme Court, and in such inferior courts RS arc preme Conrt, etc.
hcrcin directed, or as the Congress may from time to time
ordain and establish.
2. Each State shall constitute a District,a in which there District COUCS
their
shall be a court, called u District Court, which, until other-.esttibhshed,
jurisdietiou.
.
rovided by the Congress, shall have the jurisdiction
vestec
wise by the laws of the United States, as far as ap licable, in both the District and Circuit Courts of the d i t e d
States, for that State; the Judge whereof shall be appointed
by the President, by and with the advice and consent of
the Congrcss, and shall, iintil otlicrwisc provided 1)ythe
Congress, exercise thc poivci*and authority vested by the

5)

-~__ -

o This

1)aragmph :UY~C'I

ti.

SCY.post, p. 9 [90Y].

906

PROVlSTONAr> CONSTITUTION

laws of the Uriitcd States in the Judges of the District and

Circuit Courts of the United States, for that State, and
shall appoint the times a n d placcs at which the courts shall
District
Appeals
Courts
f r otom b e held. Appeals may bc taken dircctly from the District
t h e S u p r e m e Courts to the Sriprenic Court, undcr similar regulations to
Court.
those which are provided in cases of appeal to the Supreme
Court of the United States, or under such regulations as
When commis-inay be provided by the Congress. The commissions of
s i o n s of t h e
judges expire. all the judges shall expire with this Provisional Go\ ernment.
Supremecourt 3. The Supreme Court shall be constituted of all the
c o n s t i t u t e d of
t h e DistrictDistrict Judges, a majority of whom shall be a quonini,
and shall sit at such times and places as the Congress shall
appoint.
T r a n s f e r of
4. The (hngress shall have power to make laws for the
causes i n t h e
C o u r t s of t h e transfer of an causes which mere pending in the courts
United States, to
thecourtsof the of the United &ates, to the courts of the Confederacy, and
Confederacy.
for the execution of the orders, dwrees and judgments
Decrees e t c
of u. s. c&ts. heretofore rendered by thc said courts of the United States;
p ~ $ $ ~ ~ ~ ~ &and
s . o falso all laws which inay he requisite to protect the
parties to all such suits, orders, judgments, or decrees,
xheir heirs, personal representatives, or assignees.
SECTION

Extent of jud i e d power.

2.

1. The judicial power shall extend to all cases of lam and

c iiity, arising undcr this Constitution, the laws of the

6!ited
States, a i d of this Confcderacy, and treaties made,.
or which shall he niadc, tuidci~its authority; to all cases
affecting ambassadors, other public niinistew and consuls;
to all cases of admir:dty and rnaritime jurisdiction; to
controversies to which the Confederacy shall be a party;
controversies between two or more States; botween citizensof diffcrcnt States; between citizens of the same States
clainiing lands uiidrr grants of different States.
d
~
~
~ 2.
& Inj allucases
~ affectinv
~
ambassadors, other public minissupremecouit. ters and consuls, and tiose in which 8 State shall be a
j,,- arty, the Supreme Conrt shall have original jurisdiction.
r ~ ~ t i o n . f n all the other cases h d o re mentioned, the Supreme Court
shall have appellate jurisdiction, both as to law and fact,
with such exceptions and under such regulations as the
Congress shall make.
Tr1nlbyjivy.
3. The trial of all crimes except, in cases of impeachment, sliall be by jury, 2nd such trial shall bc held i n the
State ivhorc thc said crimes shall have been committed;
but when not conitnittecl within any State, the trial shall
be at sucli place or places as the Congress may by law
have directed.

OF THE CONFEDERATE S
SECZION

3.

1. Treason against this Confederacy shall consist only in tl:y$t

tg~;levying war against it, or in adhering to its enemies, giv- and holv to b;
ing them aid and comfort. No person shall be convictedproT'ed.
of treason unless on the testimony of two witnesses to the
sanm overt act, or on confession i n open court.
3. The Congress shall have power to declare the unish- Punishment of
nient of treason; but no attainder of treason sha 1 work $$;o!&r:$f:
corruption of blood, OT forfeiture, except during the life of blood, etc.
of the person attainted.

fl

ARTICLE
IV.
SECTION

1.

1. Full faith and credit shall be given in each State toa$PgOtcf:;P\;l;

the public acts, records, and judicial proceedings of every states to hllvc
other State. And the Congress may, by general laws, :;!&itfail'
prescribe the manner in which such acts, records, and
proceedings shall be proved and the effect of such proof.

1. The citizens of each State shall bc, entitled to alls~~~;;;i;~~l;;

privileges and inimunities of citizens in the scveral States. eq;my-;;;;~wi
2 . h person charged in ,2115' Statc with treason, felony, justice.
or ohher crime, who shall tlee from justice, and be found
in another State, shall, on demand of the executivu
authority of the State from which he fled, be delivered up,
to be removed to the State having jurisdiction of the
crime.
3. h slave in one State, escaping to another, shall be Fngitiveslaves
delivered np on claim of the arty to whom said slave may
belong bj- tho executive a u l iority of the State in which
In case of absuch slam shall he found, aiid in case of any abduction or duction
or r'eJcuo
forcible rescue, f d l compensntion, including the value of of slave full comthe slavc and all costs and expenses, shall be nisde to theEs;.tihn to be
party, by the State in which such abduction or rescueshall
take place.

SECTIOK

3.

1. The Confederacy shalt guarantee to every State in fog~~bJ;;e

this union, a republican form of government, and shall mentguaranteed
to etwh Statr;
protect each of thcm against invasion; and, on a plication a n d protection
of thc, legislature, or of the executive, (when t! I e legisla-?
;:;
z;:,~
violence.
tiire can not be convened,) against domestic violence.

908

PROVISIONAL CONSTITUTION O F TRF2 CONFEDERATE STATES.

Amendments
to Constitutton.

1. The Congrcss, by a vote of two-thirds, ~iiay,at3a,ny

time, alter or amend this Constitution.
ARTICLE
VL

The constitu- 1. This Constitution, and the laws of the Confederacy

tion laws of the
C o d f e d e r a c y , which shall be made in pursuance thereof, and all treaties
; $ r ~ ~ t { ~ w
made,
t ~
or which shall be made, under the authority of the
the land.
Confederacy, shall be the supreme law of tht. land; and the

judges in every State shall be bound t,hcreby, any thing in

the Constitution or laws of any State to the contrary notwithstanding.
~ l ~ m a t t ebers
2. The Government hereby institntcd shall take immetween the Statcs
f o r m i n g%hlsdiatesteps for the settlement of all matters bctv\.een the
~ ~ $ ~ ;States
g ~forming
~ ~ ~it,; and their other late confederates of the
confederates of United States in relation t o the public propcrty arid public
the Unitedstates,
tobesettled.
debt at the time of their withdrama1 from thcni; these
States hereby declaring it t o bc their wish arid earnest
desire to adjust everything pertaining t o the common
property, common liability, and common obligations of
that union, upon the principles of right, justicc, equity,
and good faith.
SeatofGovern- 3. Until otherwise provided by the Congress, the city
ment.
of Montgomery in the Statc of Alabama, shall be the seat
of Government.
oath of man4. The members of the Congrcss aiid all cxecntirc and
bers of Congress
andof executjvd judicial offiecrs of the Confcdcracy shnll be boand by oath
cer,s.judicial om-oi-affirmationto snpport this Constitution; hut no religious
and
No religio11s test shall be requircd as a qualification to any oGcc or public
test required as
qualification for trust nuder this Confederacy.
office.
Done in the Congress, by the unanimous consent of all
the mid States, the Eighth day of February, in thc year of
our Lord, One Thousand Eight Hundred and Sixty-One;
and of the Confederate States of America, the first. I n
witness whereof, we have hereunto subucri bed our names.

HOWELL COBB,
Prasidmt OJ the Conyress.
Xoitth CnroZina.-R. Barnwell Rhett, ft. W. Barnwell,
James Chesnut, Jr., c. G. Memminger, Win. Porcher
Miles, Lawrence M. Keitt, Williani W . Royce, Tho. ,I.
Withers.
Geo?.qict.-R. Toombs, Francis S. Bartow, Martin ?J.
Crawford, E. A. Nisbet, Benjamin H. Hill, Rugustns I<.
Wright, Thos. It. R. Cobb, A. 1-1. KensLn, Alexander K.
Ste hens.
2%ric7a.--Jackson Morton, Jui;. B. Owciis, J. Tatton
Anderson.
Alnbania.-Ricliard W. Walker, Robt. I. Smith, Colin
J. Mcltae, Jno. Gill Shorter, Williani Parish Chilton,
Steplicn 3. Hale, Dnrid 1. Lewis, Tho. Yearn, J . L. M.
CLIrry.
4

CONSTITUTION OP THE: CONFEDERATE STATES.

909

MiSsiss&~i.--W. Y. Harris, Alex. M. Clayton, W. S.

Wilson, James T. Harrison, Walker Brooke, William S.
Barry, J. A. P. Campbell.
Louisiana.-John Perkins, Jr., Alex. De Clouet, C. M.
Conrad, Duncan F. Kenner, Edward Sparrow, Henry
Marshall.
By a vote of the Congress, on the second clay of March,
in the year 1861, the Deputies from the State of Texas
were authorized to bign the Provisional Constitution above
written.
J . J. I-IOOPER,
Attest,
Secretary.
Ternas.-Thomas N. Waul, Williamson S. Oldham, John
Gregg, John H. Ilcltgan, W. B. Ochiltree, John Hemphill, Louis T. Wigfall.

AMENDNENT TO THE PRO VISIONAL CONSTITUTION OF

THE COh7F13DERATE STATES.
An Ordinance of the Convention of the Congress of the Confederate
States.

afay 21,1~61.

Be i t ordained by the Con yress of the Cowfederate fitcites ,&j~$a~$$j

of ProvisionAmc.18icn,That the second paragraph of the first sec- alnrt.Constitution.

tion of the third Article of the Constitution of the Confederate States of Anierica, be so ainended in the first line
of said paragraph, as to read, Each state shall, until
otherwise enacted by law, constitute a district; mid in
the sixth line, after the word judge, add o r judges.
Approved, May 21, 1861.

of

CONSTITUTION OF TFIE CONFEDERATE STATE3 OF

AMERICA.

;:2

We, the people of the Confederate States, each State$Fzo;;:

acting in its sovereign tind indppendent character, i n o r d e r uordained
t i t u t i o n WRS
arid esto form f~ permanent federal governluent, establi& justice 7 tabliuhed.
insure domestic tranquility, and secure the blessings of
liberty to ourselves and our posterity-invoking the
favor and guidance of Almighty God-do ordain and
establish this Constitution for the Confederato States of
America.
ARTICLE
1.
SECTION

1.

All legislative powers herein delegated shall be vested p;&fi$;2;;

i n n Congress of the Confederate States, which shall con- Congrea.
sist of a Senate and a House of ltlepresentatives.

910

OONSTITUTION OF THE CONFEDERATE STATES.

SECTION

2.

1. The
r eHouse
s e n t aof
t i vRepes.
chosen: members
when

House of Representatives shall be composed of

chosen every second year by the people of the
of
several States; and the electors in each State shall be citi4eualificatiotl
ectors.
zens of the Confederate States, and have the qualifications
requisite for electors of the most numerous branch of the
State Legislature; but no ersori of foreign birth, not a
citizen of the Confederate tates, shall be allowed to vote
for an officer, civil or political, State or Federal.
Qualificrttioxls
2.
person shall he a Representative who shall not
of Representahave attained the age of twenty-five years, and be a citizen
tive.
of the Confederate Statcs, and who shall not, when elected,
be an inhabitant of that State in which he shall be chosen.
s e ~ $ ~ v $ e ~ ~ e c ; 3. Representatives and direct taxcs shall be apportioned
direct taxes arc among the several States, which may be included within
apportioned.
this Confederacy, according to their respective numbers,
which shall be deterniined, by adding to the whole number
of free persons, including those bound to service for a terrii
of years, and excluding lndianv not taxed, three-fifths of
Census to be
taken every ten all slaves. The actual enumeration shall be made within
years.
three years after the first meeting of t h e Congress of the
Confederate States, and within every subsequent term of
ten years, in such manner as they shall by law direct.
Rati?of r?pre-The number of Re reventatives shall not exceed one for
sentation limited.
every fifty thousant but each State shall have at least one
Kepre>entative; and until such enumeration shall be made,
the State of South Carolina shall be entitled to choose six;
the State of Ucoi*giaten; the State of Alabama nine; the
State of Florida two; the State of Mississippi seven; the
State of Louisiana six; and the State of Texas six.
the
Vacancies in
'4: When vaiacancies happen in the represenbtion from
*]on:howfined. any State, the Executive authority thereof shall issue writs
of clection to fill such vacancies.
House chooqcs
Its otficers,
5. The House of Representatives shall choose their
igcg;,g,f im- Speaker and other officers; and shall have the sole power
of impeachment; except that any judicial or other Federal
officer, resident and acting solely within the limits of any
State, may be impeached hy a vote of two-thirds of both
branches of the Legislature thereof.

40

SECTION

composed.
Scnntc; Yenu1. The
tors;howchoycn posed of

5.

Senate of the confederate States shall be ('omtwo Senators from each State, chosen for six
years by the Legislature thereof, at the regular session
next immediately preceding the commencement of the
term of service; and each Senator shall bare one vote.
after they shall be assembled, in conse~ 8 e ~ ~ ~ m $ 2.
~ ~lnimediately
d ;
classes.
quence of the first election, they shall be divided as equally
hell sea~qOfas may be into three classes. The scats of the Senators
Senutofi varuted.
of the first class shall he vacated at thc, expiration of the
second year; of the second class at the expiration of the
fourth year; and of the third class at the expiration of the

; 3. No person shall. be a Senator who shall not h a , v e o f ~ ~ ~ ~ ~

akf&ned the age of thirty years, and be a citizen of the
Confederate States; and who shall not, when elected, be
a n inhabitant of the State for which he shall be chosen.
4. The Vice President of the Confederate States s h a l l i q V ~ ; ~ ; ~ ~
be President of the Senate, but shall have no vote unlesssenste: votes
only on equal
they be e ually divided.
division.
5; The enate shall choose their other officers; and also
a Presidentpo tan lore in the absence of the Vice Presi- it N a y choose
dent, o r when he s all exercise the office of Prcsident of giiTdeI)nt
the Confederate States.
6,: The Senate shall have the sole power to try all im- pf;;;E!;;y2
peacliments. When sitting for that purpose, they shall pwchments.
be on oath or affirmation. When the President of the Chief Justice
when
Confedmite States is tried, the Chief Justice shall pre-Kresides
.
resldentistried.
side; and no person shall be convicted without the concurrence of two-thirds of the members present.
7 . Judgment in cases of impeachment shall not extend m
~
ftirthcr than to removal from office, and disqualification to wchment.
hold and enjoy any office of honor, trust or profit, under
tho Confederate States; but the party convicted shall,. nev- ,$;&g$i;:
ertheless, be liable and subject to indictment, trial, pdg- dictmentat law.
ment and punishment according to law.

i$zz;$g;

gs

BEGTION

4.

('1. The times, places and manner of holding elections n ~ m ; ; $ , ~ c ~ ~

for Senators and Kepresentatives, shall be prescribed i n $yp;gt:g
each State by the Legislature thereof, subject to tho provi- tivea; how prc.
sions of this Constitution; but the Congress may, at any Scribed.
time, by law, make or alter such regulations, except BS to
the times and places of choosing Senators.
7:@ The Con ress shall assemble a t least once i n every w
~
~
meeting shall be on the first Monday inmcet.
year; and
Decembcr, unless they shall, by law, appoint a different
day.

sue!

SECTION
-'i

5.

(I. 'Each House shall be the judgeof the elections, returns, t~hC$dNg~U 7:
%ridqualifications of its own members, and a majority o f elections,
.
&c.,of
its own memeach shall constitute a quorum to do business; hut abers. A majority to constitute
smaller number may adjourn from day to day, and may a quorum.
be authorized to compel the attendance of absent members, in such manner and under such penalties as each
Ho&e may rovide.
Each ouse may determine the rules of its proceed- ,eggiF;u~ffi
ings, punish its members for disorderly behavior, and with own rules.
the concurrence of two-thirds of the whole iiumbcr oxpcl

a member.

912

CONSTITUTION OP THX CONF'EYEBA'L'E~ STATES.

Each House shall keep a journal of its procecdingq,

rorn time to time publish the same, excepting such
parts as may in their judgment require secrecy; and the
Y e a S y d nays. yeas and nays of the members of either House, on any
question, shall, at the desire of one-fifth of those present,
be-entered o n the journal.
Adjourriment
4j Neither House, during the session of Congress, shall,
of one House by
consent of the wh%out the consent of the other, adjourn for more than
other.
three days, nor to any other place than that in which the
two Houses shall be sitting.
keep a journal.

SECTIOX

6.

Qy

The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and
paid out of the treasury of the Confederate States. They
shall, in all cases, except treason, felony, and bl*each of
the peace, he privileged from arrest during their attendance at the session of their respective Houses, and in going
t o and returning from the same; and for any speech or
debate i n either House, they shall not be questioned in any
other place.
2. No Senator or Representative shall, during the time
h$AF!$g&
$:
ces.
for which he was elected, be appointcd to any civil office
under the authority of the Confederate States, which shall
have been created, or the einoluments whereof shall have
been increased during such time; and no person holding
any office under the Confedcrate StRtes: shall be a member
of either House during his continuance in ofice. Rut
Principal OR-Congress may, by law, grant to the principal officer in
cers In the Departments may each of the Executive Departments a seat upon the floor
~ ~ ~ d of
i either
~ ~ $Hoiise,
~ ~ mi
! th the privilege of discussing any
tam m e m m . measures appertaining to his department.

o~~~~~~~~
theirprivileges.

SECTIOX

I~il~efvo,r$$~:

@ All

7.

bills for raising rcvcnue shall originatc in tho

ouse of Representatives; but the Senate may propose or
ur with amendments, as on other bills.
Every bill which shall have passed both Houses, shall,
it becomes a law, he presented to the President of
nctmg law\ and
proc:eedi'tlgsthc Confederate States; if he approve, he shall sign it;
thcroin.
but if not, 110 shall return it, with his objections, to that
House i n which it shall have originated, who shall enter
the objections at large on their journal, and proceed to
reconsider it. If, after such reconsideration, two-thirds
of that House shall agree to pass the bill, it shall bc sent,
together with the objections, to the other House, by which
it shall likewise bc reconsidered, and if approved by tmothirds of that House, it shall become a law. Rut in nil
such cases, the votes of both Houses shall be determined
by Feas and nays, and the names of the persons voting for
and against the bill shall be entercd on the journal of each
House res ectively. If any bill shall not be returned by
the Yresi ent within ten days (Sundays exce ted) after it
shall have been presented to him, the same sl?
all be a law,
whore to o r i d
natc.

CONSTITUTION O F THE CONFEDERATE STATES.

in ]ilia inanner as if he had signed it, unless the Congress,

by their adjournment, prevent its return; in which case it
shall not be a 1nw:lThe President may approve any appropriat'ion and disa prove any other appropriation in the
same hill. I n suc case he shall, in signing the bill, designate the appropriations disapproved; and shall return a
copy of such appropriations, with his objections, to the
House in which the bill shall have originated; and the
same proceeding shall then be had as in case of other
bills disapprored by the President.
3: Every order, resolution or vote, to which the Con- Samcastorwocarrence of both Houses may be necessary, (except on a lutions, etc.
question of adjournment,) shall be resented to the Prcsident of the Confederate States; andp before the same shall
take effect, shall be approved by him; o r being disapproved by him, shall be re-passed by two-thirds of both
Houses, according to the rules and limitations prescribed
in case of a bill.

!i

SECTION

8.

The Congress shall have power1. To lay and collect taxes, duties, imposts, and excises, g:;yof Confor rercnrxe necessary to pay the debts, provide for thc yo lay tJ,xcs,
common defence, and carry on the government of the Con- but not t o giiiiit
federate States; but no bounties shall be grantcd from the;
trcasixrr; nor. shall any duties or taxes on importations branch f, induu.
froiii foreign nations be laid to promote or foster anytrl'.
branch of industry; and ail duties, imposts, and excises u;ggs t o be
shg) be uniform throughout the Confederate States:
orrow
'2. To borrow money on the credit of the Confederate
Siates:
3. To regulnte commerce with foreign nations, and cc;;;;;;k~;l;;,;
niiiong the scvcral Stntes, and with the Indian tribes; but, ]lot to tippropr1Rtc m o n q for 111neither this, nor any other clause contained in tho consti- t w m l inipriwrtution, shall ever be construed to delegate tho power l o ~2;~:;;~;;g
Congress to a propriate money for any internal irnprovernent intende to facilitate coniniercc; except for the purpose of furriishiiig lights, beacons, and buoys, and other
aids t o navigation upon the coasts, and the improvement
of harbors and the renioviiig of obstructions in river navilap
gttion, in all which cases, such duties shall be laid on the duticriefiont ontivinavigation facilitated thereby, as may be necessary to pay gatlor:.
the costs and expenses tliereoi:
4. To establish uniform laws of natiiralization, and uniform laws on the subject of bankruptcies, throughout the t l l ) l l nn(1 i)nnk(2onfcdPrate States; but no law of Congrcss qhall discharge r'wtc.~
atij, debt contracted before the passage of thc same:
i@- To coin money, replate the value thereof and of and
Toroinlnolw,
f i x thcmriilforeign coin, and fix the standard of weights and nieas-llr(l of t\8elght5
and mca8iires.
ures i
5 , To provide for the punishment of counterfeiting the T 0 P 111 5 11
securities and current coin of the Confederate States:
To ~ ~ I : i h l i ~ h
7. To establish pod-offices ttnd post-routeb; but the post-offices.
expenses of the Yost-office Department, after the first day

cf

y;;t$z

J-YOL

1-04-58

914

corJsTImrTIox

on'

THE CONFEDERATE STATES.

of ,March in the year of our Lord eighteen hundred and

sixty-three, shall be paid out of its own revenues:
8.,
To~ promote
the progress
of~ science and useful arts,
e
~
p
~
~
~
$
~
by securing for liniited times to authors and inventors thc
arts.
exclusive right to their respective writings and discoveries:
To constitute tribunals inferior to the Supreme Court:
, To define and punish piraciesand felonies committed
on the highseas. on $he high seas, and oEences against the law of nations:
Todeclarcwvar, 11. To declare war) grant letters of marque and reprisal,
etc.
anbpiake rules conreining captures on land and water:
Torakearrnies. 12. TOraise and support armies; but n o appropriation
of money to that use shall be for a longer term than two
years:
TO provide a
13. To provide and maintain a navy:
Navy.
14. To make rules for the government and regulation of
T~ makc rules
for
~
4
~
5
and
'
the
land and naval forces:
Navy.
TO provide for
1.5. To provide for calling forth the militia to execute
calling out the
the laws of the Confedcrate Statcb, suppress inuurrections,
militia.
and repel invasions:
TO provide for
16. To provide for organizing, arming, and disciplining
organizing milithe militia, and for governing such part of them as may
tia, etc.
be employed i n the service of the Confederate States;
reserving to the States, respectively, the appointment of
the oflicers, and the authority of training the militia
acco:ding to the discipline prescribed by Congress:
Toexercise cx- 17. To exercise exclusive legislation, in all CaSes whatclusive legislation over &t of soever, over such district (not cxceeding ten inilcs square)
g o vthe
over
e rC.S.,
n m and
e n t : ~ smay. by ccwion of one or niore Stated and the acceptcerhln o t ~ l o r a n c eof Congress, become the seat of the govcrnment of
places.
the Confederate States: and to exercise like authority over
all places purchnsrd hy the consent of the legislature of
the State in which the same shall be, for the erection of
forts, magazines, arsenals, dockyards, and other needful
buildings: and
TO make a11
18. To make ail laws which shall be necessary and proper
l a w Iiecessarv
andpro er to ei- f o r carrying into execution the foregoing powcrs, and all
ers. Otter Pow- other powers veqtcd by this Constitution in the gorernnient of the Confederate States, or in any department or
oficer thereof.
bECPION

9.

ioes of the African race, from

t an the slaveholding States o r
'I'errjtories of the TJnited States of America, is hereby for-

Twortation of
1. The importation of ne
Africrui negroes
rorbid8en.
any foreign country other

bidden; and Congress is required to pass such laws as shali

effectually prrvent the same.
S I Intro(lilctlollo~
HVO~. prohib2. Congress shall also have power to prohibit the iritrolted.
duction of slaves from m y State not a member of, o r Territory not belonging to, this Confederacy.
The privilege of the writ of hahecrs corpus shall not
spended, nnlcss when in CRYCS of rebellion or invasion
thc public safety niay require it,,

CONSTITUTION OF THE CONFEDERATE STATES

4. No bill of attainder, expost fmto law, or

inipa[ilring the right of property in negro

he passed.
5, No capitation or other direct tax shall h
iGpropor'tioii to the census or enumeration hereinbefore
directed to be taken.
6. Xo tax o r duty shall be laid on articles exported from
~~tXSpOOl~t~
any State, except by a vote of two-thirds of both Hotxses. from a n r state.
+.7: KO preference shall be given by any regulation oftox;o,p,:efgy;~
conirrierce or revenue to the ports of one State over those
over RIIof another.
8. S o money shall be drawn from the treasury, but in d,&& T;,&;g
cchsequence of appropriations made by ~ a w and
;
a r!gulai trwsiirv hut by
statement and xccount of the receipts :tnd ospcndltures Inw.
R l l d cRxeucle, iepnt~s l l of all ublic money shall be published from timc to time. tclres pobliSbcd*
9. ongress shall appropriate no money froni the treasury except by a Tote of two-thirds of both Houses, talrcn
by yeas and nays, unless it be abkcd and estimated for hy iacd.
sonie one of the heads of departments, and submitted to
Congress by the President; or for the purpose of pajriny
its own expwscs and contingencies; or for the payment of
clainis against the Confedcratc Statcs, the justice of which
shall have been jndicially declared by a tribunal for the
investiption of claims agtlinet the government, which it
is liereby iiiade the duty of Congrcss t o ehtablish.
10. All bills appropriating money shall specify in fedo;,PYiYii
era1 currency the exact amount of each a propriation nnd what to
the purposes for which it is niatlc; an Congress s h a l l , ~ ~ ~ ~ l
grant no extra compensation to any public contrtkctor, compcnmtion
to
con triictor'i and
officer, agent or servant, after snoh contract shall have oflicers.
b ~ % nmade or such service rendered.
fl. No titlo of nobility shall be granted by the Confed-l,'::'ttP:,Yf~t':"~'b
era e States; and no pei-son holding any office of profit o r w i n t e d .
trust under then], shall, without the consent of the Con- oficars of r. s.
not to Irrcept
gress, accept of any present, cmolunient, oflice or title cf presents from forany kind whatever, f roiii any king, prince, or foreign e l m statcs.
state.
'1%.Congress sliall make no law respecting an establish- dg.ligious
1<
' r e e d o m of
merit of religion, or prohibiting the froe exercise thereof; spcccli
and of the
or' iibridging the freedom of speech, or of the press; or the press.
Of pctiright of tlhe people peaceably to :xssemble and petition the
governinent for a, redress of grievances.
Ri 'lit to bctu
13. 4, well-regulated iiiilitia hcing riec m y to the and%cep
wcurity of a free state, the right of the people to keep
'nd bear ariria ,dial1 not be infringed.
~ 4 .No soldier shall, in time of peace, be cyual*teredi n & g p " Of
, , i ~ yhouse. withoat the consent of the owner; nor in time
O F J V ~ T , but i n :L manner' to he prescribed l)y law.
16. The right of tho people to lie secure in their persons, 8 ~ ~ ~ ~
houses, p p e ~ ' sand
, effects, against iini.eafonable hearchvs ;tei,
wnrey prolilhand seizures, shall not be violated; and no warrants shall

01'

clz
mz.

if

arm^,

916

CONSTITUTION OF THE CONFEDEBATE STATES.

hut upon probable cause. supported by oath or alfirmation, and particularly cicscribing the place to be searched,
a nd- qe persons or things to be seized.
it~;~&'&w&
6. No person shall be held to answer f o r a capital o r
infamous crimw. 0th -wise infamous crime, unless on a prcsentmcnt o r
indictment of a grand jurj-, except in cases arising in the
KO one to be
twiceputin jeop- land or n a r d forces, or in the militia, when in actual scrvardy of life or
limb for same of- ice in time of TT a r or public danger; nor shall ariy pei'son
fence.
be subject f or thc same ofcncc to bc ta-ice put in jeopardy
of
life or limb; nor be compelled, in any criminal casc, t o
Private
erty not o
t
P
O
'
L
be a witness against himself; nor be deprived of life, libt a k e n without
erty, or property without duc process of law; nor shall
private property be taken for public use, without just
compensation.
Trial by jurj In
17. In all criminal prosecutions, the aemsed sha11 viijoy
criminal cBses.
the"right to a speedy and public trial, by a n impartial jiwy
of the State and district wherein the crime shall have becn
committed, which district shall have been previously ascertained by law, .and to be informed of the nature and cause
of the accusation; to bc confronted with the n7itriesses
against him; to ham compulsory process for obtaining
witnesses in his favor; and to have the assistance of couns e l f or his defence.
18: I n suits at common law, where the value in controcivil casey.
by juryin
vcrsy shall exceed twenty dollars, the right of trial by jury
shall be pi.escrrcd; and no fact 50 tried by a jury shall he
othrrwihcb re-csmiined in any court of the Confederac?,
t h m according to tho i~iilesof coninion law.
Excessire ml
N. E;xcessivo hail shall not be rcyuircd. nor cxcessire
n o t t o b e rcquircd, n o r C Y tines iniposed, nor cruel and unusual puriisEinicrits inflicted.
issue
No but
warrant
on oath.
toissue

il

iinpoqed or pnnishment inflicted.

toLHWY
but to relate
hnl>.
CLLSSIY~line\

20. Every law, 01' rcdlition hving the force of law, shall
to but oiic subject, and that h a l l be c x p ~

jcct to I X ~c\- rclato

pressed in the
title.
title.

SliC?'lOX

t,$

(Q

111.

No Statc shall ontcr into any treaty, xllinnc

fe?fei.ation; grant letters of niarque arid rcpr
nioricy; niake any thiiig hut gold and silrcr coin n tender
in payriicnt of dcbts; pass any hill of attainder, or edc post
, f i t d o l:iw, 01'law impairing the obligation of contracts; or
g r m t any title of nobility.
2. KO State s l d l , without the consentof tlic Congress. lay
any iniposts or duties on imports or exportfi, except mh:Lt
may bc :tl)solutcly necessary for executing its inspection
laws; mid the nett producc of all clutiw :wid iinposts, laid
by any Stnto 011 imports o r exports, shall be for thc use of
the TledslIry Ol' the Confoderak States; and all such h\vs
shall bc subject to the revision and control of Congress.
3. No State di:ill, without the conscnt of Congress, lay
any duty on tonnage, except on sea-going vessels, for th e
iniprovenieiit of its i.i\-ers and harbors navigated by the
els; but suceti duties dial1 not conflict with a n y
treaties of the Confedriratn States with foreign nations;
and any surplus rcvenue, 1hus derived, shall, after making

CONSTITUTION OF THE CONFEDERATE $FATES.

i.11ct.h improvement, be paid into the con1~lontreasury.

x o r d d any State Beep troops or sIiips-of-war in tifiie of
peace, enter into any agreeilleiit or compact with another
State, or with a foreign Power, or engage in war, unless
actually invaded, or in such imminent danger 8s will not
: i d i d of delay. R u t when any river divides or flows
through two o r more States, they may enter illto colllpacts
nit11 each other to improve the navigation thereof.

ARTICLE
11.
SBCTIOS

1.

1. The executive power shall be vested in a President of p2$~t;;,ii;;

the Confederate State9 of America. Tie and the \ice ircql(iel1t.
Prcsident shall hold their offic+esfor the tcrm of six years; o ~ l ~ ~ &
but the Yresident shall not be re-eligible. Thc President vice lresident.
a n d v i c e President shall be elected as follows:
Each State shall appoint, in snch rnnnner as the legis ature thereof may dir , a nuin1)cr of electors eqa1 to
the whole number of Senators and Bepresentatives to for cncl
which the Stltte may be entitled i n the Congress; but no
Senator or Bepresentative or person holding an oftice of
trnst or protit under the Confederate States, shall be
appointed an elector.
3.) The electors shall mcct in their rcspcctive States and e,gF:p a :,
vbte by bal!ot for Prehident arid Vice President, one of their proc.uedtvhom, at least, shall not be an inllabitant of the same State Ings
with themselves; they shall name in their ballots the person voted for as President, and in distinct Ix~llotsthe pcrson voted for as Vice President, and they shall niako distinct lists of all persolis Toted for as Ymsident, :ind of
all persons voted for as Vice President, and of thc n u ~ n her of votes for each, which lists they shall sign and
certify, and transmit, sealed, to the seat of the governinen!, of the Confederate States, directed to the Prcxident of the Senate; the Prcsident of the Scnntc shall, in
the presence of the Senate and I-Iouxc of Beprescntatives,
open all the certificate$, and the votes s11:~llthen be coullted;
the person having the greatest n u n i l m of votes for 1resi- Election of
dent shall be the President, if snch nuurbcr be a rniijority of
the \\Thole number of electors appointed; and if no person
have such majority, then, from the persons: hitviilg the
highest numbers, not cxcceding three, on the list of those
voted f o r as Yresidont, the IIouse of Mrpresentatives shall
choose immedintcly, by hallot, the President. Rut in
choosing the President, the votes shall be talien by Statesthe representation from each State having one vote; a quorum for this purposc. shall consist of a member or rncnlhers froln tlvo-thirdsof the States, m d a niyority of all the
States shall tJe necessary to a choice. And if the Hoiise of
Representatives shall not choosc a Presidcnt, whenever
the right of choice shall devolve upon them, before the
fourth day of March next following, then the Vice-President shall act as President. as i n case of the death, O r other
colistitutiond disability of thc President.

q.

&

918

CONSTITUTION O F THE CONFEDERATE STATES.

&.)The person haviiig the great

numbei*of votm as
Vice President, shall he the Vice Pi dent. if such number
be a majority of the whole number of electors appointed;
and if no person have a majority, then, from the two
highest numbers 011 the list, the Senate shall choose the
Vice President; a quorum for the purpo
two-thirds of the whole n a m l x r of Scixttom mid a majority
of thc whole number shall be
ary to ZL chuiw.
Peryon ineligiineligible t o the office
ble to office of
51 But 110 person coiistitnti
vice mcqldcnt. of President shall he eligible to that of Vice Irc4dent of
vE;g;&g,t.of

determine the time of choosing

on which they slitill give their
e the saiiie throughout thc Con~7. l No
~ person
~ ~ p rexcept
~ ~ a natural born citizen of the Confederate States, or a citizen thereof a t the time of the
adoption of this Constitution, or a citizen thereof bosn i n
the United States prior to the 80th of Deccml)ey, 1860.
shall be eligible t o the office of President; neither shall
any person be eligible to that office who shall not have
attained the s~gcof thirty-five years, and been fourteen
years a resident within the limits of the Confederate States,
ar they may exist at the time of his election.
Vice President T
I n case of the rcmovd of the President from office,
toartwheiioffire
w- or of his dentli, resignation, or inability t o discharge the
taut.
(If
powers tind tlixtics of the haid offire, the same shall devolve
0 1 1 the Vice Prcsidcnt; :iud the Congresb mag, by law,
provide for the ciisc of r c n i o d , death, resign.<Ition, or
inability, hoth of the President and Vice President, cleclaring w1i:tt officer s h d l then act as Ire4dent; and s u ~ h
officer shnll act accordingly, uittil the disability bo removed
01 a lrcsidciit .;linll be clcctcd.
Compensation
9. The lrcsidcnt shall, at statctl times, rcceirc for his
of tile Ircqidcnt.
:I compensation, which hhall neithcr be incrcased
nor diniinishcd during the period for which he ah2111 have
becn elected; and he shall iiot receive within that period
any other ernolunient frorii the Confederate States, or any
of them.
10. Ikfore he enters on the exccution of his office, he
dent
sh:11I tnlic the following oath or affirmation:
1 do holcmiily swear (or affirm) that I will faithfully
exccutc the of3i.e of President of the Confederattl States.
axid will, to the best of my ability, preserve, protect, rmd
dpfend tlic Constitution thereof.

ident.

&

taf:thbFPl)f

m c m x 2.

7;;
Presi(1erit.

(&

The President shall be cominaildcr-in-chief of the

army and nary of the Confeder:tte States, and of the
militia of the sercrnl States, when called into the actual
service of the Confederate States; he iiiay require the
opinion, in writing, of the principal offices in each of the
executive departments, upon any subject relating to t h e

duties of their respective offices; and he shall have power

to grant reprieves and pardons for offences against the rieves
May
. grant reand par8ons.
Confederate States, except in cases of impeachment.
2. He shall have power, by and with the advice and con- May m a k e
s&t of the Senate, to make treaties; provided t T v o - t h i r d s ~ ~ ~ ~ : , ~
of the Senators present concur; and he shall nominate and consent of
and by and with the advice and consent of the Senate,7 Gongreus.
omtmentr
shall ap oint ambassadors, other public ministers and con- toAogc;e
d s , j u 5 e s of the Supreme Court, and all other officers
of the onfederate States whose appointments are not
herein otherwise provided for, and which shall be established by law; but the Congress may, by law, mst the
appointment of such inferior officers, as they think proper,
in the President alone, in the courts of law, or in the
heads of departments.
3. The principal officer in each of the executive de-,:t$
Tic:;
partmcnts, and all persons connected with the diplomatic ya&$?&yoved
service, may bc removed from office at the pleasure of the
President. All other civil ofhers of the executive departments may be removed at any time by the President,
or other appointing power, when their services are unnecessary, or for dishonesty, inca acity, inefficiency, misconduct, or neglect of duty; and w en so removed, the removal
shall be reported to the Senate, together with the reasons
theref or.
4. The President shall have power to fill all vacancies vg2&::%:$g
that may happen durin the recess of the Senate, by grant- rccem of Senate.
ing commissions whicf shall expire a t the end of their
next session- but no person rejected by the Sena:e shall be
re-appointed to the same office during thcir ensuing recess.

m10.N

3.

/I?The President shall, from time to time, give to the ? $ ~ $ $ ~

f?onnation oi the
dongress information of the state of the Confederacy, and Stnto of the Conrecommend to their consideration such measures a8 he federaev
shall judge necessary and expedient; he may, on extraor- c,"dt&$'rg
dinary occasions, convene both Houses, or either of them; ~ ; ; , ( ; 1 ; ~ ~ o c c a and in case of disagreement between them, with respect to' When he ]nay
the time of adjournment, he may adjourn them to
Contime as he shall think proper; he shall receive ambassadors IL;:&g&;g;g
and other ublic ininisters; he shall takecare thtit the laws ministers; a n d
be faithful y executed, and shall commission all the officers
of the Confederate States.

such^^&^"'"

SrnION

4.

The President, Vice President, and all civil officers of o

onfederate States, shall be removed from officeon h-wa' ,hment and

conviction of
eachment, for and conviction of, treason, bribery, 01d h e r crimes.
{igh crimes and misdemeanors.

920

CONSTITUTION O F THE CONFEDERATE Sl"l'TE8.

ARTICLE
U1.
SECTION

Judicial power
vested in one Su-'

1.

1. The judicial power of the Confederate States shall be

in uiie Supreme Court, and in such inferior courts
the Congress may, from time to tinie, ordain and establish. The judges, both of the Supreme and inferior courts,
shall hold their oflitxes during good behavior, and shall, at
stated times, receive for their services a corripensation
which shall not be diminished during their contiiiuance in
office.

premeCourt,etc. vested

ziy

as

tioil of judges.

BEcrIOS

2.

1. The judicial power shall cxtcnd to all cases arising

under-this Constitution, the laws of the Confederate Stites,
and treaties made, or which shall be made, under their authority; to all caseb affecting ambassadors, other public
ministers and consuls; to all cases of adrniralty and maritime jurisdiction; t o controveraies to which the Confederate States shall be a ptrtj?; to controversies between two
or more States; between a Stste and citizens of another
State, where the State is plaintiff; between citizens claiming lands under grants of different Statcs; and between a
State or the citizens thereof, and foreigri states, citizens or
subjects; but no State shall be sued by a citizen or subject
of,ariy foreign state.
c
~
$
~2. I n~ :dl ~cascsP afferting
~
~ ambassadors,
~
~
other public ininrial wisdictlon; isters and coiibiil~,
and those in which a. State s h d Ite a
wlieii appellate.
party, the Suprcnie Court shall hayt: original juridictioii.
In all tlie other cases before wentioned, the Supreme Court
shall have appellate jurisdiction both as to law and fact,
with such rxceptions and under such regulations HS the
Congress s h d l inakc.
3. The trial of all crimes, except in cases of impeachbe*I1
triedcrimes
by jury.
w w e snchment, shall be by jury, and such trial shall be held in the
trial8 to be.
State where tlie said crimes shall have been committed;
hut mhen not committed within any State, the trial shall
be at such plncc or places as the Congress may by law
have directed.

Extent of the
judicial povrer.

SECTION

What c o n q + i - 1.
tutes t r c i i s o n
and ilow to be only
proved.

3.

Treason against the Confederate States shall consist

in levying w:~ragainst them, or in adhering t o their
encniics, giving them aid and comfort. No person shall
be convicted of trcwon unless on the testiinoriy of tmc
witnesses to the saim overt act, or on confession in opcr;
coart.
C o n g r e s s to
prescribe
,2. The Congress shall have power to declare the punishi5hmcnt m?t%;
qol,
N o t tolllent of treason; but 110 :tttainder o f treason shall work
work corriiption corruption of blood, or forfeiture, except during the life
of blood, etc.
of the person attainted.

CONSTITUTION 01' THE CONFEDERATE STATES.

ARTICLE:
IV.
SECTION

1.

1.'E'Ull faith and credit shall be given in each State to Credit to he

t h r public acts, records, and judicial proceedings of every ~ ~ ~ ~ l l t ~ ' $
otllcr State. And the Congress may, by gellel*al laws hcts, etc., of 1111' other.
prescribe the manner in which such acts, rCcO&,
and
proceedings shall be prored, and the effect thereof.
SECTION

$ i ~

2.

1. The citizens of each State shall be entitled to all the Citirensofearil

privileges and immunities of citizens in the severnl States; ~
~
~
and shall hare thc right of Lransit and sojourn in any State otllcr stms
of this Confederacy, with their slaves and other property;
and the right of property in said slaves shall not be thereby
impaired.
2. A person charged in any State with treason, fclony, Fiigitivcv iron
o r other crime against trhe laws of such State, who shallJ'l'tlce
flee from justice, and be found in another State, shall, on
demand of the executive authority of the State from which
he fled, be dclivered up, to be removed to the Statc having
jarisdiction of the crime.
3. XOslave or other person held to service or labor in Fngitiveslaves.
any State orTerritor7 of the Confederate States, under the
l a m thereof, escaping or iawfiilly carried into another,
shall, in conscqucnce of any law or regulation therein, he
discharged from such service or labor: but shall be delivered up on claim of the party to whom such s1:t.c~belongs,
o r to whom such service or labor limy be due.

smmm 3.

1. Other States may bc admitted into this Confederacy m K g

by a vote of two-thirds of the whole House of 12cprcsent;i-into tile Confecttives and tmo-thirds of the Senate, the Senate voting by
States; but no new State shall be formed or erected within
the jurisdiction of any other State; nor any State be forrned
by the junction of two or more States, or parts of States,
without the consent of the legislatures of the States concerned, as well as of the Congress.
2. The Congress shall hare power to dispose of and make,z;yo;i
"g;
all needful rules and regulations concerning the property g;!ytyd ,of 2:;
of the ConfederaLe States, including the lands thoreof.
states.
3. The Confederate States rn:~yacquire new territory; m ~ ~ ~ e l $
and Congress shall have power to legislate and provide C**W .hS to p1egoverniiients for the inhabitants of all territory belonging sm cr n1 ht o fgovcwior its
11 11ab 1 t a l l t8.
to the Confederate States, lying without the limits of the 1When
they mcty
several States; and may erniit them, at such times, and f o r m s t w .
sl& lnanner as i t may y law provide, to forni States to
be admitted into the Confederacy. I n all such territory,
the institution of ne ro slavevy, as it now exists in the,,~;:,c:~;;~
Confederate States, p all he rwognized and protected by ;;:lgg:tc'd
111
Congress and by the territorial government: and the in(*

5:

~ ~

922

OONSTITUTION O F THE CYNFEDXBATE STAIES.

habitants of the screral Confederate States aiid Territories

shall have the right to take to such territory any slave3
lawfully held by then1 in any of the States or Territories
of the Confedcmte Shtcs.
R e ~ u b l i c n n 4. The Confedcrcite States shall guarantee to every State
form of governm e n t g u n r a n - that now is, or hereafter may become, :I member of thiv
t e e d t o c l t c h Confederacy,
t
a repiiblican form of goyernment; and shitll
state.
~ ~ r o t e c t i o On f protect each of them against invasion; atid on applicxtion
States a g a i n s t
invasion, etc.
of the lrgislature, (or of tlie executive, .\vhen the logislature is riot in session,) against domestic violence.

AIW~CLE
V.
SECTION

1.

Upon the demand Of any three States, legallg assemin their several conventions, the Congress shall sum
mon a convention of all the States, to take into consideration such aniendrrients to the Constitution as the said States
shall concur in suggestingat the time when the said deinand
is made; and should any of the proposed amendmcnts to
the Constitution be agreed on by the said conventjonvoting by States-and the same be ratified by the legislnturesof two-thirds of the several States, or by conventions
in two-thirds thereof-as the one or the other mode of
ratification may be proposed by the general conventioiithey shall thencsfor\vvard fortn a part of this Constitution.
But no State shall, wilhout itjs consent, be dcprived of its
equal representation in the Senate.

1.
Modeof amendtion.
ing tlie Constitu- bled

ARTICLE
VI.

&)?$:;&${

1. The Government established by this Constitutioii is

successor of the Provisional Governnlerlt of the Confederate States of America, and all the laws passed by the
tl0ll.
O f f i c e r s & p -latter shall continue in force until the same shall he repealed
painted
Provislonlll
b y the or modified; and all the officers appointed by tho same shall
ernmcnt remain remain in office until their successors arc appointed and
in office.
ificd, o r the oftices abolished.
l,eretofo;e
D c b t s c ct co ~ : 2 All debts contracted and engagements entered into
tracted, v a l i d be ore the adoption of this Coiistitution shall be as valid
against (7. S.
ageinst tho Confederate States under this Constitution, as
uqdqr the Provisional Government.
Whatistllcs11- :3, This Constitution, and the laws of the Confederate
reme law of thc ,.*
f*l,d.
bfates made in pursuance thereof, and all treaties made,
or wliich shall bo madc, under the authority of the Confederate States, shall he the supreme law of the land; a d
the jud es in every State shall be bound thereby, anything
in the onstitution or laws of any State to the contrary
cqtabllshed b y the
tins C o n s t i t u -

r!

and Representatives before montioned,

of the several State legislatures, and all
executive and judicial officers, both of the Confederate
States and of the several States, shall be bound by oath or
s

.-

__

CONSTITUTION OF THE CONFEDERATE STATES.

affirmation to support this Constitution; but no religious ,epgail

~;:;g
tost shall ever be required as a qualification to any ofIice or quired.
public trust under the Confederate States.
5. The enumeration, in the Constitution, of certain oee;Eg;&g
rights, shall not be construed to deny or disparage others ;;;eiore;?n~
retained by the people of the several States.
by people.
ti. The powers not delegntcd to the Confederate States Reserved POWby the Constitutiort, nor prohibited by it to the States, are
rcserred to thc States, respectively, or to the people
thered.

ARTICLE
VII.
1. The ratification of the conventions of five States shall ,t;tpg;;yf
be sufficient for the establishment of this Constitution tion.
between the States so ratifying the sanie.
2. When five States shall have ratified this Constitution, a2yf,y~p;i:
in the manner before specified, the Congress under the ;;KN;I~~
&
; ;:it
Provisional Constitution shall prescribe the time for hold- tillle for holding
ing the election of President, and Vice President; and for elccLt:on
d e , l t rind
of Presivice
the nieeting of the Electoral College; and for counting the President. meetvotes, and inaugurating the President. They shall, also, OIngr 8 , Ofe t c . nrtd
prescribe the time for holding the first election 01 mein- j ; ~ ;~; $ $~i i ; o pr
hers of Congress under this Constitution, and the tirnc for members of Conassembling the same. Until the assembling of such Con- grrrs
g r t ~ s ,the Congress under the Provisional Constitution HOW long congrcsq under the
h l l continue to exercise the legislative powers granted Provisiond Connhtution to eyerthem; not extending beyond the time limited by thc Con- cise power.
stitution of the Provisional Government.
Adopted unanimously by the CongreHs of the Confederate States of South Carolina. Georgia, Florida, Alabama,
Mississippi, Louisiana and Texas, sitting in Convention at
the capitol, i n thc city of Montgomery, Alabama, on tlie
Kleventh day of March, in the year Eighteen Hundred and
Sixty-One.

IOWELL COBB,
Presidmt of the Conigress.
South Curo%ncx.--R. Barnwell Rhett, C. G. Memminger,
Wm. Yorchcr Miles, James Chesnut, Jr., R. W. Barnwell,
William W. Boyce, Lavrence M. Keitt, T. J. Withers.
Qeo?yicr.-Erancis S. Hartow, Martin J. Crawford,
Berijaniin 13. Hill, Thos. K. It. Cobb.
FZorida-Jackson Morton, J. Patton Anderson, Jas. U .
Owens.
Ala6nma.-Richard W. Walker, Robt. H. Smith, Colin
J. JlcEae, William P. Chilton, Stephen F. Hale, David
1. Lcmis, Tho. Fearn: Jno. Gill Shorter, J. L. M. Curry.
il/.issiJssippi.--Blex. M. Clayton, James T. Ilarrison,
Tlilliam S. Barrj7, W. S. Wilson, Walker Brooke, W. P.
Ilarris, J. A. P. Campbell.
Lw&icciza.-Alex. De Clouet, C. M. Conrad, L)iincan F.
Kenner, Henry Marshall.
Teams.--John Hemphill, Thomas N. Waul, John H.
Reagan, Williamson S. Oldliarn, Louis T. Wigfall, John
Gregg, William I3eck 0chiltrc.e.

924

CONSTITlJrTON OF T H E UONFEDERATR STATES.

EXTRACT FKON THE JOURNAL O F TIIE CONGRESS.

CONGRESS,
iVa~ch11,18692 [1861].
On the question of the adoption of the Constitution of
the Confederate States of America, the vote was taken by
yeas and nays; and the Constitution was unaniniouslg
adopted, as follows:
Those who voted in the aermative being Messrs. Walker,
Smith, Curry, Kale, McEne, Shorter, and Fearn, of Alabama, (Messrs. Chilton and Lewis being absent); Messrs.
Morton, Anderson, and Owens, of Florida; Mes~rs.Toombs,
Howell Cobb, Bartow, Nisbet, Hill, Wright, Thomas 1L li.
Cobb, and Stephens, of Georgia, (Mcssrs. Crsmford and
Kenan being absent); Messrs. Perkins, Ile Clouet, Conrad, Kenner, Spanow, and i\larshall, of Louisiana; Nessrs.
Hai*ris,Brooke, Wilson, Clayton, Barry, and Harrison, of
Mississi pi, (Mr. Campbell being absent); Messrs. Rhett,
Barnwe 1, Keitt, Chesnut, Memminger, Miles, Withws,
and Boyce, of South Carolina; hlesnrs. Reagan, Kemphill, Wml, Gregg, Oldham, and Ochiltree, of Texas, (Mr.
Wigfall being absent).
A true copy:
J. J. HOOPER,
Xeeretmy of the Cmg~ess.

CONGRESS,
March 11,1861.
I do hereby certify that the foregoing are, respectively,
true and correct copies of Tho Co~istitutionof the Confederate States of Anierictt, maniniously adoptcd this
day, and of the y m s and 1ir~j-son the question of the
adoption thereof.
HOWELL COBB,
Pmsident of the COrLyrew,

INDEX.
J. R. Thompson, Prize Ship.

Proceeds of sale, 294,300,303,309.

Aecou11ts.
Adjustment between States a n d Confederate
States, 281.
OBcers appointed by General Wise, 566.
Ilegulation of payment of unadjusted, 261, 264.
Adams, D. W., 838.
ddams, (Jeorge F., 608.
Adams, J. N., 704.
Adam& John, 423,600.
Adams, S. F., 42126,827.
Adanis, Solomon, 671.
Adams, 7V. A., 440, 626.
Adams, Wrt, 502.
Atldington, W. N., 626.
Adjutant and Inspector General's Onlce, C. S. A.
Orders, General, series 1861: l o . 17, 570.
Adjutants.
Appointment from ranks, 633, 716.
Appointment of, of grade of subaltern, 450, 462.
Infantry voluntcers, 358.
Rank a n d pay, 455.
Admiralty. See Courts of Admiralty.
Advances on Contracts.
Authorized in certain cascs, 305, 311, 315.
Agricultural Productions.
Exportation prohibited, 286,291.
Airey, Jos. C., 525.
Alnbnma.
Delegates t o Provisional Congress, 11,13,31,159,
508.
LegiYlative proceedings, 579, 597, 612, 716.
Loan to Confederacy. 24,25, 32.
Secession, 8-10,12,13,116.
Alderson, G. W., 816.
Aldricli, R., 608.
Alexander, Edward P., 155.
Alexander, Elam, 51.
Alexander, Joseph A., 424, 828, 843.
Alesander, Joseph W., 297.
Alexander, H. n., 540.
Alexander, W. H., 439, 525.
Alexander, JVjIliam F., 439,624.
Alien Enemies.
Confiscation of estates, 280, 331, 338, 370, 3%
381, 382, 385.
Partnership claims, 300.
Passports, 682.
Rcmon%l,301, 319, 320, 327.
Sequestration of estates, 245,385-389,392-391,397399,402-406,417422,426,427,457, 476, 486, 488,
50+511, 532-534, 544, 547, 565,579,649,GG6,672,
675,692,693,698, 701, 709,710, 7P2,717,729,%?7,
741,742,747-751,754-756, 761,772-776, 782-791,
794-803,806,833.
Aliens.
Naturalimtion, 720, 758-760.

'

Allnn, John, 517.

Allan, \villlaN G . , 626.
Alldrldso, Enoeli, 439.
Allegiiany Jiountaln, Ta. Battle, Der. 18, 1861.
Action on report of, 643, 665.
Thanks to Col. Edward Johnson, 644,649,652.
Allegre. See njler, lRsc & AUegre, 278.
Allen. See Green & nuen, 637.
Allen, George, 738.
Allen, Joliii D., 525.
Allon, John J., 847.
Allen, L. W., 238.
AIlensnortii, A. J., 626.
Allison, Slcliard T., 266.
Allpot, Dtiniel B., 439.
Allston, Benjamin, 423,435,705.
Alhton, 11. B., 817.
Alston, W. T., 440,625.
Ambler, John, 440,624.
Ambler, Thomns N., 608.
Anderson, Abnrr, 840.
hiderhon, Arciier, 615,840.
Anderson, Benjninin, 438,647.
Anderson, Chnrlos D., 155,498.
Anderson, E. C., 51F
Anderson, Edvnrd (I., 423
507.
Andorson, F. I>-,
Andcrson, .I. I'atto~i(Florida).
Bllls, reqolutions, etc , introduced by, 119,141,
143
Committees:
Constitution (Provisional), Z!!.
Inaugnration, 64.
Nilitary Affairs, 44.
Public Liinds, 44.
Special, 16
Delegate to Provisionul Congres, 11,13,77,96.
N i h t , r y appointment, 791.
Petitions, papers, etc , presented by, 116.
Resignation, 174, 1%
Yea and nnv votes, 78,106,121, 122, 1%,131, 152,
137,141,858,871473,878,880,881, 883-885,8w)834,896,924
klldCl'htln, JUNCS,440
inderson, John J., 140.624.
indcrwn, .John T., 11%.
indersori, aoheph It., 473.
inderson, Sichard If., 307, 406
ilrdelhon, Robert, 104, 165
tnderson, llobert H., 422 423, 514,705.
\atlorson, 8. It., $07
h~clerson,Samnrl9., 423, 514.
Lnderson, T1rom:iu Srott, 505.
Lnderson, W. If., 738.

W. J., F24.
LndcrBon, lVllliam W., 422, 495.
inderson, Young J., 625.
Lndrom, James O., 77%
inderhoii,

925

926

INDEX.

Andrews, Garnett, 156.

Andrews, George T., 155.
Andrews, Henry 5'. ,738,739.
Ansley, John U., 671.
Anthony, William H., 608.
Antley, J. S., 332,337.
Apperson, E. M., & Co., 131.
Apple, C., 717.
Apple, J. C., 709.
Appointments.
Action in regard to time, 518,526.
Continued during recess of Congress, 378,379,
460,466.
From the ranks, 533,716.
Appropriations.
Army, 117,120,126,l5l,152,235,246, 248,263,323,
324,334,374, 384.
Certain civil purposes, 151,152.
Custom-houses, Ne~vOrleans a n d Charleston,
147, 151.
Floating defenses, 638, 645, 651, 661, 675.
Hospitals, 361,374384.
Indian Affairs Bureau, 151,152.
Interest d u e Memphis banks, 714,740,756.
Kentucky, 454,455,4m
Legislative, executive, and judicial, 126,143,151,
234,247,248,263,324,396,402,570,606,621, 765,
835,832.
Medical Department, 334,374,384.
Mobile a n d Great Northern Railroad Company,
806,807,832.
Kavy, 147,148,151, 234, 258, 264, 311, 313, 324,396,
402,650,657.

Ordnance, 700,715.
Post-OfRceDepartment, 151,152,234,248,249,263,
394,446,460,462.
Public defense. See Army (ante).
Public printing, 629,636.
Removal of seat of government, 264.
To carry into effect certain acts, 122,126, 130,
372,378,390,396,402,607,619,620.
Transfer of, 197, 200, 217, 223, 486, 547, 580, Em,
6 8 , 621.
Vessels and arms, 202,207,208, 211,411, 451, 606,
621.
War Department, 660,657.
Archer, J. J., 504.
Archer, James IV., 706.
Archer, John, 424.
Archer, B. P., 440, 624.
Archer, 8. IV., 735,
Archer, W. S., 424, 826.
Ard, Jomph W., 608.
Arlzona Territory.
Delegate to Provisional Congress, 475, 561, 701.
Orgmizatiou of, 476, 551, 571, 586, 612-620, 635
660, 661,691.
Resolutions of convention, 169.
Arlzona Terrltory, Goveriior of.
Provisional government, 160.
Arkausau.
Admitted to the Confederacy, 244, 256.
Cession of amenul and fort to Confederate
states, 260, 264.
Comruimioner to, 105,107.
Courts, judicial, 251.
Delegates to Provisional Congress, 244.
Secession, 196.

Arkansas Troops.
Infantry-Regintents: Zd, 693,
Armistead, Edwvd. II., 526.
Armistead, Y. S., 424, 705.
Armistead, Robert B., 498.
Armories.
Communications concerning, 48, 61, SO, 90, 91
170, 17G.
Richmond, Va., 290, 300.
Armour, James E., 536.
A r m s , animunition, ete. See Uunitions of War.
Armstead, C. GI., 4.40, 624.
Armstroug, Xdivard J., 440, 624.
Armstroug, .'1 C., 496.
Armstroug, dan~osI<., 526.
Aruistronq, .Jaeies T., 761.
hrnistrong, Pleiisaut, 5%.
Ariustrong, Ilichard F., 712.
Army Iiitclligeucc.
Xstablishment of Hurcau, 288, 292, 382.
Army of the Confederate States.
Appropriations. See Appropriations.
Cadets, 427,450, 451.
Employment of, in border slave States, 247.
Establishmcnt aiid organization, 49, 96, 98-ln0,
103-105,114,132,129,130,143, 206,214,221-223,
211, 247, 264, 411, 451, 463, <XI-514,518.
Gencral Staff, 81, 88, 122, 129, 130, 143,413,461,
7'28, 735.
lncrease of medical force, 337.
lncrease of military establishment, 214,221-223,
211, 511-514, 618.
List of appointments requested, 289, 30-1.
Naturalization of persons enlisted, 361,383, 384,
390, 511, 603, 621.
Nominations and confirmations, 96, 9 i , 114,151156,213,223, 299,307, 321, 333, 313,363,366,367,
371,371,376,422425,433-140,4fA, 4T3,4i4,494508,31.1,518,524-526,564,567,668,590,59-1-596,
600,601,fiOS, 609, 623-@28,63l,63?,646449,658,
639, F70472, 682,686,693,'i01-707,71i,718,738,
739, 7G0,761, i71,791,810,811, 814418,826-828,

a~a44,fi-t9,8fio.
Pay Department, establishment of, 778.
Pay of officers, 491, 492.
Pay of privates, 477, 488, 491, 492,511.
Sappers and bombardiers, 255, 243.
Zouaves, 176, 185.
See also Procision& Forces; Public Defense,
and Vololunteem
Arnett, John W., N O .
Arrest.
Authority of district courts, 359, 444,453.
Exemption from, 337,453.
Arrest aud Punishment.
Soldiers, for offenses against civil law, 487,523.
Arthur, Edw. J., 487.
Articles of War, 487, 523, 570.
Artillery Corps.
Appointment of officers, 676, 683, 684,693.
Increase of, 324,374, 384.
Rank of officers, 548.
Ashby, .J. Wushington, 739.
Ashby, Turuer, 437,507.
Ashe, John G;. 156,626.
Ashe, Samuel A., 67l.
Asko, Shephern M., 626.
Ashe, W. S., 489,624.

LNUKX.
AWY omces.
Charlotte, 331,397,401,402.
Dahionega, 322,331, 397,401,402.
Kew Orleans, 700,7l5.
Assistant Adjutants-General,
Provhional forces, 288,306, 309.
Assistant Adjutants-General and Alds-de-Camp.
Appointment of, by colonels, 714,779.
Adstant 1uspeetors.Ueneral.
Provision for appointment, 778.
Atkias, John D. C. (Tennessee).
Bills, resolutions, etc., introduced by, 375,380,

'3

Sacon, A. O., 617.

Iacon, John E., 439,624.
Iacon, Thos. J., 525.
Iacon, W., 649.
%Won,William, 625.
Iadger, E., 104.
lagby, QeorgeF., 608.
Wley, Enward F., 156,487.
lagnall, R. D., 739.
lagnell, George H., 706.
$Riley, 'w. L., 624.
lalne, I). W., 434,497.
lafnes, Ervin, 625.
Iulnhlll, John B., 526.
luker, Rev., 579, 707, 710,734, 789.
lnker, A., 647.
Saker, Adam W., 297.
laker, Alexander, 626.
taker, B. P., 440.
inker, Uolling, 153.
baker, Lawrence S., 424,600.
lakcr, P. B., 739.

455, 694.
Committees:
Military Affairs, 498.
Special, 430, 639,689.
Delegate to Provisional Congress, 540.
Petitions, papers, etc., presented by, 565.
Yea and nay votes, 342,345,359,364,380,383,386388,391,393,395,3!&402, 401,405,409,412,41Fr
4l7,419-421,427,441,443, 445,446,449,461,452,
464, 455, ,458,460,463,478, 479, 48%486,493,494,
521,528,529,531,546, 584, 556,558,559,562,563,
laldivln, A. S., 738.
575,576,581,582,584, 668,673-676,679-681,683talldwin, Urlscoe G., 705.
686, 695.
taldwln, John P., 439,525.
Atklmon, Edmund, 517.
baldnin, Willlam E., 424.
Atkinson, George J., 525.
liilfour, J. I)., 156, 514.
lnll, Charles P., 165.
Atkinson, R. P., 440,625.
tall, Dubney, 524, 608.
Atklnson, Robert W.,424,826.
lall, Ulovcr A., 155.
Attorney-General.
lailord, Thoinas E., 439,525.
Appointed (Benjamin), 85; (Brag@, 474.
laltxell, Janies, 424,827.
August., P. F., 608.
Ianks, Dunstan E., 617.
August?., Oa.
hmkS, E, A., 626.
Port of entry, 14.
Sanks, R. U., 440,626.
bustill, Huricosco, 438.
Iaptist, W. H., 739.
Austin, H. B., 718.
larbee, J. D., 608.
Anstln, L. M., 738.
Iarbee, Sxnrnel E., 524, 525.
Austin, lVilliam T., 268,269.
Iarbot, Alphonse, 842.
Autry, James L., 816.
Iarbour, Alfred M., 439,624
Averett, John T . , 623.
larbour, E. P., 649.
Averett, Samuel W., 712.
larbour, Junies, 688.
Avery, 6. B., 282.
larbour, W. A., 626.
Avery, William W. (North Carolina).
Bills, resolutions, etc., introduced by, W
', 339, Iarker, J. P., 623, 628.
Iarker, Jamb, 239.
395, 406, 414, 426, 461, 477, ,492, 656, 680, 691,
Sarker, T. O., 5lG.
765.
hrker, William P., 70, 74, 79,82.
Committees:
Military Affairs, 608,550, 580, 701, 716,762, 813, hrksdale, George A., 440.
3arksdnle, William H., 440, 624.
836.
3arne8, B. S., 730.
Special, 583.
barnos, J. T. K,424, 826.
Delegate to Provisional Congress, 271.
Petitions, papers, eto., presented by, 282,343,488. Jarnett, Isaac N., 525.
Yea and nay T70tes,285,323,328-330,332, 335,336, darnett, P. C., 540
llarnett, Thomas T., MO.
339,342,345,347,369,365,366,380,383,385-388,
itarnette, John R., 738.
393,39B, 397,398,400-405,409,415-417,419421,
Barney, Joseph N., 296.
427,441,443,446,449,461,454,455,458,463,476,
Rnmwell, John U., 155.
479,483-485,493,494,612, 513,519-521,528,529,
531,534,545,5&, 553,554,556,558,559,562,563, Barnwell, John Glbbes, 155.
573,575-577,581,582,584,589,594,597,598, fi51, Uanrnell, llobcrt W. (South Carolina).
Bills, resolutions, ctc., introduced by, 69, 118,
655,657,658,666,668,669,673-676,679-681,fi83124,126, 312, 390, 396, 397, 408, 41% 414, 591,
686,695,708,710, 711,730,733,734,737,747-750,
740,757,805.
755,759,162,763, 766-770, 772-774,780,781,784,
785,793, igfi, 797,806-810,812,813,819-824,829- Committees:
Constitution (Provisional), 22.
831, 833-835.
Finance, 44, 74,81,115,120,291,310,311,323,324,
Avlrett, J. B., 608.
331, 359, 372, 373, 378, 396, 414,429, 590,700,
Ayer, Willlam F., 524, 624.
714,725, '740, 743, 765, 778, 779.
Aylett, Patrick H., 268.
Delegate to Provisional Congress, 11,15.
Baohman, Samiiel K., 648.

928

I N DE:

x.

llart,ow, E'riincih S.-Contiu 1re11.

Baruaell, Rohert W.-Conlinued.
Tea nnd nay rotes,58,9L, 02,98, 106,121,123,181,
Petitions, papers, etc., presented by, 219.
195,1103, 209, 211-213,217,21+2X2,226,225,210,
president pro tempore of Provisional C o r ~ ~ r c r s ,
212,213, 861, 871-873,878,880,8S1,885-885,89010.
892,696,934.
Yca and nay votes, 78,91. 92,08,106, 121, 122,131,
Kiiskcrville, If. E. C., 439, 625.
132,137,141,181,195,203, 209,211-213,217~ 219
Bnsa, Suthnn (Georgia).
222,226,227,2.10,242,213,2.17,254-257,2S5, 308,
Amendment offered, 682.
323,328-330,332-336,339,3-12,345,347, 359, YC4Committee, Special, 676.
366,380,883,386-388,391, 395,397,398.400-40P,
Delegate to Provisiond Congress, 664.
404,405,409,412,416417, 419-421,516,5%
Pea. and iiuy votes, 666,669,673,6i4,677,679, 680,
556,558,559,562,563,573, 575-577,581,582
~

.%9, 681,683-6Rfi, 695, 707, 708,710,711,730,733,

734, 737,740,741,747-7R0, vci2?7%55*
766, 'iR9, 762,
763, 766-770,7i2-i74,780,784-788, 790, 791, 783,
794, 796, 795,799-802, 806412, 811, 819-825, S29831,849,861,868,871-873, 878,880,881,883-886,
891-894,896,924.
Barnwell, T. O., 739.
Barnwell, William F., 156.
Barrett, R. O., 439, 52.5.

689-666, 695, 707,708, 710,711,737,740,741,746749,752, 'is,

756,759,562, i63,76(i-770,772 ~774,
780,784-588, 792, 794,7'36,79i, 799, 800, 806-813,
SX-R%.5,829,8:30,SXL835.
Rass, 1Yilli;im B., 283.
Rassett,, I{. ii., 616.
Bate, William R., 632.
Bates, J. P., 539.

Batter, Janies W., 817.

Battey, Robert, 738.
Battle, A. J., 42.
Battles.
Action on reports of, &56, 361, 36i, 379, 476, 4PG,
578-682,599,601, @22,W l , 630,640,643,645, 646,
G O , 651, G34-656. 658,665, 680, 691,737,i53, i62,
764,766, 57i, 778,836.
Baughan, James H., G2G.
Baxter, Sydney S.
Compcnsntion, 74,l, 751-7,53.
Mentioned, 712-714,741,i51,764.
Baylor, John C., 739.
84, 85, 99, 198, 205, 233, 239, 315, 638, 866, 869,
,
890,893.
Uitylor, W. I,., 739.
Committees:
Raylp, E!Init1n~1W., 13,526.
Constitution (Provisional), 22.
Beall, d;inies >I., -'
Finance, 44.
Beall, Lloyd d . , 297.
Inauguration, 54.
Beall, 11. N. H., 600, 627, 816.
Special, 24, 468.
Bear, Adam, 525.
Delegate to Provisional Congress, 11, 15.
Beard, Arthnr C., 438, 524.
Military appointment, 615.
Ilenrd, .I. It., 501.
Petitions, papers, etc., presented by, 206.
Beauregard, 1;. T.
Yea mid nay votes,78,81,93,98,lO(i,l21,122,125,
Appointments, Y6, 97, 299, 464.
131, 132,137,141,181,185,203,209,211-213,217,
Mentioned, 164,165,&SO,645, 6j.L-6M.
219-221, 226, 227,243,308,322,3228-330,332,3SO,
Thanks of Congress, 174,18s,316,320,325.
3&%388,391, 393,395, 397,398,400-406,409,412,
Beaurepard, Ben6 T., 425.
454, 456, 460,463,478,479,483-485,584,589,597,
Bochttsr, 31. li. L , 671.
630,633, 710, 711,861,8@3,871-873,878,880,881,
Bcckh:un, llobert F., 155.
883-856,890494,896,924.
Bee, Rarnard E., 307.
Bartholemy, E. C., 517,568.
Ueggs, Thonins, 816.
Barton, C. Narsiiall, 648.
Belcher, E. I,., 626.
Barton, Roger, 517.
Bell, A. T., 739.
liarton, Seth PI., 434,498,686,702,
Bell, Cespar I\'. (Missouri).
Barton, Thomas S., 439,524.
Committees:
Nartow, Francis S. (Georgia).
Public Lands, 544.
Bills. resolutions. etc.. introduced bv. 19.47.49.
103-105, 108, 118,169,195,198,208, i l l , 223,870;

Barrett, Thomas T., 540.

Barringer, D. M.
Commissioner from North Carolina to Peace
Convention, 23.
Barron, Samuel, 297.
Barrow, James, 156.
Barrow, Waslilngton, 224.
Barry, A. R., 739.
Barry, W. J., 738.
Barry, Wllliam S. (Mississippi).
Bills, resolutions, ctc., introduced by, 20,21,78,

817.896.

Committees:
EngrosRment, 45.
Flag and Seal, 40,42.
Military Affairs, 44,53, 55, 67,75,81,92,96,117,
122,173,174,176,187,193,194,198,200,210,214,
225,229,235,247.
Death, 279, 280.
Delegate to Provisional Congress, 11,14.

Petitions, papers, ete., presented by, 56.

Yea and nay votes, 513,519,520,528,329,531,534,

545,546,553,556, 558,559, 562, 573, 575, 576, 581,
682,584,589,594,639,646,646,651, G52, 655, 667,
6fi6,668,673,674,679,683-685,707, i l 0 , 711, 730,
732-734,740,747,752,753,766-770, 772, 780, 781,
784,787,788,793,796, 797,f99-802,806, 813, 821-

825,829-831, E33.
Bell, 11. $I., 440, 625.
Bell, J. F., Iientucky, 540.

INDEX.
Bell, J. P., Louisiana,738.
Bell, J. F., Zorth Curolina, 349.
Bell, J. R., 626.
Bell, John W., 440, 625.
Bell, T. J . , 625.
Bell, IF. B. & A. R., & Co., 206.
Bell, Wlliani, 529.
Bell, \Fillinin, ]r., 704.
Bell, William P., 539.
Bellrille Iron Works, 208,252.
Belton, Joseph F., 516, 568.
Benjamin, Judah P.
Attorney-Gencral, 8.5,18.5,267-269.
Secretary of War, 474, 496, 841.
Bennett, C., 539.
Bennett, John W., 296.
Bennett, 11. T., 5%
Benson, J. R., 525.
Benton, John G., 626.
Berrlen, J. H., 156.
Berrien, James H., 423, 495, 738.
Berry, Thomas J., 153,500.
Berry, W. W., 608.
Betts, A. It., 608.
Betts, C. B., 608.
Beverly, Constantine B., 185.
Bickell, W. IF., 424, 826.
Bier, George H., 53G.
Rigger, Thomas R., 283.
Biggs, h a , 283,488.
Billups, J. R., 625.
Blossat, Eugene R., 283.
Birney, John, 424, 826.
Bishop, B. F., 425,827.
Bishop, William J., 636.
Black, H. H., 815.
Black, Hugh, 332, 337.
Black, John L., 503.
Black, William Thomas, 516.
Blaclchurn, Ellas E., 185.
Blackburn, S . D., 540.
Blacknall, Ueorge, 297.
Blair, William B., 422, 495.
Blake, E. D., 424.
Blance, J. A., 760.
Blanchard, A. G., 473.
Blancliard, Dawson A., 525, 568.
Bledsoc, A. T., 727,819.
Blockade of Southern Ports, 166, 341, 357. 471
Blocker, John R., 156,576.
Bloom, Francis S., 515.
Bioomfleld, Benjamin, 440, 624.
Blount, B. F., 739.
Blonnt, C. G., 625.
Blount, J. G., 156
Blount, James K., 761.
Blount, T. W., 924,826.
Blount, Thomas M., 440, 625.
Blow, Henry L., G71.
Bloxom, J. H., 738.
Blue, Rev., 141.144.
Blue, Charles, 688.
Bobet, A., 816.
Bobo, Slmpson, 80.
Bocage, J. W., 134.

C J-VOL

1-04-59

Bocock, Thomas S. ( V h g
334, 4i5,492, 518, 629, 688,699, 844.
Committees:
COmmrCial and Finaneial IndepenQq&e,
334.
Special, 689, 831.
Delegate to Provisional Con
Petitions, papers, ctc., presented by,2 8 4 , 3 2 3 , ~ .
Iresident pro tempore of Provisional Congress,
549,650.
Yea and nay votes, 286,308,329,32&330,832, @s,
336,359,364366,883,386,387,389,393,400,401,
403~03,485,487,493,494,512,513,519-521,5!2$,
629%531, Fd5,546,553-556,558,559,562,673,676,
677,581,582,584,<A?,589,594,597-599,604,607,
Gli-G19,621,622,@27,630,633,639,611,642, fX5,
G16,652,655-G57,683,685,686,695,708,711,730.
733,734,737,741,747-7M), 759,762-764,766770,
773,774, 781,784,819,821,822,825,8~1,835.
Boggs, WfIIfani &., 155.
Bolton, Henry, 706.
Boniar, BsnJnnrinF., 440,G25.
Bonhani, D. W. C., 502.
Bonliam, Blllledge L.
Appointments, 307,473, 568.
Mentioned, 391,399.
Bonneau, Illchard T., 156.
Bonrer, IV. U., 827.
Booker, E. D., 625.
Booker, George, 624.
Booker, Elchard M., 425, 827.
Boone, A. B., 540.
Boone, J. B. F., 440,624.
Booth, John C., 155.
Borali, J. T., 608.
Borcliert, George A., 7l2.
Borland, IIarold, 424, 434, 826.
Bosley, T. a., 648.
Bosmell, J . K., 811.
Boteler, Alexander It. (Virginia).
Committees:
Buildings, 486.
Vlag a n d Seal, 718.
Indian Affairs, 544.
Printing, 544.
Delegate to Provisional C O I I g R S , 483.
Petitions, papers, otc.,presented by,534,660,709,
736, 740.
Resolution offered, 778.
Yea and nay votes, 493,494,512, 615,621,631,554,
545, 546, 553, 554,558, 559,562,663,576,677,581,
584, 585, 589,594,597,604,607,618,639,641,661,
652,655-657,666,668, 673475,679481,683,686,
695, 708, 730, 737,740,741,747-750,752,765,766,
759, 762-764, 766770, 772, 773,186-788,790,?91,
793,796,797,799-801,806,807.
Botts, Benjamin A., 623.
Botts, W. B., 605.
Bounty aud Furlonghs.
Furloughs, 548, 551-556, 569, 678,680-682,69%709,
737,741,744-747,756,809,830,831.
payment of bounty, 676,
847,898.
Bowdoln, Iartln 8 . 9 283.
Bonen, John S., 436, W.2.

930

INDEX.

Bowers, Dorsey B., 539.

Bowers, Lloyd, 283.
Bowle, Andrew N., 100.
Bowles, James, 827.
Bowman, Charles S . , 425, 496, 568.
Bowman, W., 608.
Bowyer, James F., 625.
B O ~ C ~willlam
,
N. (South Carolina).
Bills, resolutions, etc., introduced by, 20,49,103,
1?.4,17~,206,216,336,580, 6 0 , 719,735,862,873,
875,890.
Committees:
Executive Departments, 44, 66.
Inauguration, 765.
Postal Affairs, 44, 604, 611.
Special, 639, 654, 689.
Delegate to Provisional Congress, lI,l5.
Petitions, papers, etc., presented by, 51,487,585.
Yea and nay votes, 78, 91,92, 98,106,121,122,125,
131,132,137,181,203,209, 212, 213,217,219-222,
226,227,240,242,243,285,308, 323, 329,330, 332,
S S , 336,359,364,365,380,383,386,391,393,395,
397,398,400-402,405,409, 412, 41M17,419-421,
427,441,44%446,449,451,454,455, 458, 460,463,
478, 479, 483-485, 493, 494,512,513,519-521,528,
529,531,534,545,546,553,558,559, 562, 563, 673,
575-577,581,582,584,589,594, 597, 598, GM,615,
617-619, 621, 622, 627,639,641,642,645,646,652,
655457,666, 668, 669,673-675,677,679,680,683686,695,707,708,710,711,730,733, 734, 737, 740,
741, 747-550, 752,755,759,762,763,766770,772774,780,781,782-787,793,796, 799, 801, 802, 8oG,
807, 809, 810, 812,814,819,821-824,829-831,833836,839,848,868, 871-873, 880, 884-886, 891-894,
81)6,924.
Boyd, Alfred, 440,625, 648.
Boyd, D. P., 525, 568.
Boykin, S. B., 440, 624.
Bozeman, Rev., 357, 399.
Brabble, E. C., 648.
Bradford, Alesander 6. (Irississippi).
Ameudmcnts offered,667, 668.
Committee on Public Lands, 544.
Delegate to Provisional Congress, 522.
Petitions, papers. etc., presented by, $35.
Pea and nay votes, 528, 529,531,534,515,546,552554,556-559, 561463,573, 575, 577,581,582,584,
589,598, 604,607,615,617-619, 621,622,627,630,
639,641,642,645, 646,651, 652, 655,657,658,666,
668, G69,6734i5, 679-681,683, 684, 686, 707, 708,
710,711,730, 732-731,737,741, 746-750,752,754,
755,759,762, 763, 766-768.770. 773. 774,785788
794,796,797,799-801,806,806-813,820-823,831,

833,849.
Bradford, Charles H., 501.
Bradford, David, 536.
Bradford, James IY., 648.
Bradford, Jefferson h i s , 156.
Bradford, W. A., 526.
Bradford, \YI111am H.,425, 827.
Bradford, Nilllam L., 266.
Bradlute, Wllllam R., 423.
Bradley, Ed. G . , 626.
Bradley, John, 156,828, 846.
Bragg, Braxton.
Appointments, 114,473.
Mentioned, 480,645, 651,656, 836.

Bragg, Thomas.
Attorney-General, 474.
Branch, Cyrus b., 6%.
Branch, E. B., 626.
Branch, .John I,., 424, 706.
Branch, L. WB., 474.
Brandon, IV. I., 436, 814.
Ikmnon, J. C., 816.
Brannon, N. H., 626.
Rransford, John S., 626.
Braston, Totulin, 739.
Breckenridge, llobert A., 540.
Breckinridge, John C., 474.
Breckinridge, Robert J., 540.
Brent, 0. J., 608.
Brent, Thomas IF., 156.
Brethmalt, J. R., 440, 625.
Brewer, A. O., 341.
Brewer, Charles, 423, 495, 738.
Brewer, James F., 624.
Brewer, R. I
496.
.,
Brewster, Henry P., 516.
Brewster, Hugh, 439,525.
Brewster, 0. F., 626.
Bridewell, L. O., 704.
Bridge, Fred. E., 439, 525, 568.
Bridgers, John L.
Commissioner from Xorth Carolina to Provisional Congress, 23, 25.
Bridges, S. T., 623.
Bridgewater, John C., 623.
Brlen, L. Tiernan, 515.
Brigadier-Generals.
Continuance in office, 819.
Provision for appointment, 650, 716.
Tenure of command, 691,753, 765.
BrlggS, Beorge N.,738.
Brillhart, Jacob, 608.
Brlnker, Isaac, 648.
Brlscoe, F. A., 626.
Briscoe, Henry L., 526.
Briscoe, John I,., 648.
Broadwell, Samuel O . , 625.
Broadwell, N. A.., 439, 624.
Brockenbrou:h, John W. (Virginia).
Bills, resolutions, etc., iiitroduced-by, 196, 286,
288, 354,355, 378, 647, 566, 709, 714.
Committees:
Judiciary, 205,225,369,410,428,60.1,605,744,805.
Special, 271.
Delegate to Provisional Congress, 192,193.
.Judicial appointment, 268.
Yea and nay votes,203,209,212,213,217,219-222,
226,227,242,243,254-257,285,308,328,%30,342,
345,34?,389,364-366,380,383, 886, 387,359, 393,

395, 39&401,403-405,409, 412, 41&417,419-421,

427,441,443,445,454,456, 460,468,484486,512,
513,519-521,628,529,531, 534,546,55%-655,558,
559, 562,663,681,582,584, 585,689,597,598, 607,
615,617-619,621.622,627, 683,685,686,695,708,
711,730, 7% 734, 737, 741, 747-750,752,755, 756,
759,762-764,766-770,773, 774,780,781,784-701,
793, 794, 797,799-802,806811,813,814,821-825,
829-831,833-835,849.
Brockenbrongh, W. A., 516.
Brockett, N. B., 625.
Brodhead, John C., 640.

INDEX.
Brodie, Robert L., 423, 495, 738.
Brouaugh, P. L., 739.
Bronaugh, \Y. X., 498.
Brook, Thomas G . , 439,524.
Brooke, John M., 266.
Brooke, Walker (Mississippi).
Bills, resolutions, etc., introduced by, 33, 48,66,

Bryan, Henry, 705,827,

Brgm, dames A., 828,843.
Bryan, James C., 525.
Bryan, John S., 438.
Bryan, Thomas 8., 539,640.
Bryant, W. d., 816.
Bryson, Willlam H., 626.
74, 59, 98, 173, 176, 186, 230,232, 233, 239, 240, Buchanan, Franklln, 535.
245,248,249,316,322,329,335, 336, 339, 346, 350, Buchnnan, James, 57,58.
331,368,404,416,418,431,448,462,478,489,491, Buchel, A., 504,
511,532,555,676,677,709,719,735,778,867,875.
Buckner, D. P., 639.
Committees:
Buckner, George W., 439,525,668.
Executive Departments, 44, 64.
Buckner, Slmon B., 478.
Inauguration, 792.
Buildings, Public.
Patents, 44, 56, 63, 194, 205, 312,550, 716.
Commissioner of, 414.
Delegate to Provisional Congress, 11,15.
Executive, 41, M), 256, 265, 444.
Petitions, papers, etc., presented by, lY2, 280,323.
Executive Bfunsion, 264, 265, 443.
Sequestration Commissioner, 549, 564.
Occupancy of hall of Alabama house of repreYea and nay votes, 78, 91, 92, 98, 106, 181, 195,
sentatives, 170,176, 265.
203,226,227,240-243,247,254-257,308,322,328Superintendent of, 391,
330,332, 335,336,339,342, 345, 317,359, 364,380, Bull, Bustams A., 703.
385-388,391,303,395,397,398,400-405,409,412,
Bullen, Lloyd, 626.
416-417,410421,427,441,443,445,450,452,454,
Bullltt, William G., 640.
455,458,463,478,479,483485,493,494,512,513,
Bulloch, James D., 631, 677.
519-521,528,529,531,534,545,546,554,656-559, Bullock, Waller R., 424, 826.
661-563,573,575, 576,651,582,684,651,652, 655, Bumgnrdner, James, 517.
657,666,668,669,673-675,677,679-681,605,707,
Bunting, 11. F., 7M.
708,710, 711, 730,73%73t, 737, 740, 741, 746750, Burdell, Thomas, 840.
752, 754, 755,759,762, 763, i6G770,77?-774,780, Burgess, Wlley, 648.
Burke, John J., 626.
781,784-788,790, 701,79& i94,796, 799-802,80G808,810-513,819-825,829,X31, 833-fi35,8.19,861, Ihrkhart, Phllip, 671.
XI%, X71-872, 878, %SO, XSI, R8:&856, R9G, 924.
Burleson, A. A,, 624.
Brooks, W'lllinui DI., 13.
Burnam, John, 539.
Broome, James E., 238.
Buruet, IVllllam E., 706.
Brown, Rev.. 468, 82s.
Burnett, Henry C. (Kentucky).
Bills, resolutions, etc., introduced by, 678,708,
Brown, A. J., 626.
Brown, Benton J., 6'25.
737.
Committees:
Brown, Charles H., 425, 827.
Brown, Q . C., 422,515.
Finance, 621.
Brown, U. H., 626.
Special, 670, 689.
Delegate to Provisional Congress, 574.
Brown, 11. Y., GOX.
Kentucky convention, 639, 541,543,649.
Brown, Henry K., 839.
Yea and nay votes, 576, 581, 682, 584, 630, 641,
Brown, Isaac K., 296.
G42,645,646,651,6FG, 658,669,673-675,080,681,
Brown, J., 608.
683,w)4,686,695,707,708,710,732-734,737,740,
Brown, J. B., 6%.
741,746.
Brown, J. C., Asd. A ~ r g . ,739.
Burnett, Theoaore L. (Kentucky).
Brown, J. C., l?XhAZn.,837.
Delegate to Provisional Congrem, 628.
Brown, James DI., 268.
Kentucky convention, 639,640.
Brown, John A., 4'23.
Burnham, Richard, 758.
Brown, John I,., 5'24.
Burns, \V. H., 623.
Brown, Joseph, 505.
Burnslde, J. P., 539.
Brown, Joseph >I., 626.
Burrows, Rcv., 275, 314, 394,804, 812, 818.
Brown, Preston, 623.
Burton, Charles R., 660.
Brown, Thonias L., 816.
Burton, James H., 290,300,311, 671.
Browu, V. B., 525.
Burton, John B.. 499, 624,816.
Browu, W. C., 625.
Burton, W. H., 739.
Brown, W. Il., 462.
Burtwell, John R. B., 155.
Brown, William N., 435, 838.
Barwell, P. L., 827.
Browne, YYllliam H., 425, 826.
Bush, Charles P.,625.
Browning, John A., 626.
Bush, Thomas, 425,827.
Brownrigg, Richard T., 145,146,172,173,524.
Butcher, David, 440,624.
Bruce, E. N., 540.
Butler, Rev., 718, 729.
Bruce, H. W. ,539.
Butler, Greenlee, 705.
Bruee, James C., 189.191.
Butler, L. M., 426,827.
Bruce, William I.,516.
Butler, Lawrence Lewis, 425,821.
Bruton, T. J., 156.
Butler, M. C., 343.
Bryan, A. DI., 565.
Butler, Thomns H., 525.
Bryan, Goode, 435,499.

INDEX.

932

Butler, IVilliam, 155.

Butt, H. F., 738.
Butf, J. H., 704.
Butt, Walter R., 712.
Byers, J. Stodarh 439.
Byrd, A. S., 6%.
Byrd, James, 440.
Byrd, Richard Q., 516.
Byrd, S. M. H., 625.
Byrne, Charles, 489, 525.
Cabell, A. S., 626.
Cabell, Edward Carrington, 482,483.
Cabell, J. L., 319.
Cabell, William L., 154.
Cnbipess, H., 440.
Cabinet.
Nominations and confirmations, 73,85,106,112,
282, 474.
Privileges, 182.
Cadets.
Appointment, 427,460,451,823, 824.
Cain, dames G., 500.
Cain, Thomas, 439.
Caldwell, J. W., 738.
Caldwell, John W., 816.
Calhoun, A. P., 12.
Calhonn, J. Lawrence, 154.
Calhoun, James C., 517.
Calllhan, D., 827.
Camden, Qldeon D. (Virginia).
Delegate to Provisional Congress,192.
Cameron, Francis H., 536.
Cameron, J. D., 816.
Cameron, John W., 624.
Cameron, S. F., 608.
Cllmmaek, Albert, 625.
Camp, WIlliam F., 738.
Campbell, A. B., 648.
Campbell, C. C., 436, 50".
Campbell, Charles B., 425, 827.
Campbell, ~ u n e a ua., 811.
Campbell, Ullbert R., 440.
Campbell, J. A. P. (Mississippi).
Billy, resolutions, etc., introduced by, 195,312,
358,363,547,552,574,613,616,617,619,620,660,
669, 682, 786, 793.
Committees:
Accounts, 45, 666.
Pay and Mileage, 188, 201, 208.
Territories, 41, 551, 612, 635, 660, 701.
Delegate to Provisional Congress, 15.
Leave of absence, 54.
Petitions, papers, etc., presented by, 304.
President pro tempore of Provisional Congress,
602, 603.
Yea and nay votes, 106,181,195,203,209,212,213,
217, 219-'222,226,227,240,242,243,247,254-257,
285,308,322,345,359,964,366,478,479,48.3-485,
493.494,.512,513,619-521, 528,529,551,534,545,
546,552-t554,556-559,561-563,573,576,576,581,
582,584,589,594,697499, M)4,607,615,617-619,
621,622,627,630,633,639,641,651,652,655,657,
658,666,668,673473,677, 679-681,683-686,695
710,711,730,732-734,737,740,74l,746-750,752
754,765,759,763,766-770,772-774,780,781,78478% 790,791,793,794,796,797,799,802,807-809,

924.

:ampbell, James, 526.

:ampbell, James B., 608.
tampbell, John A., 1F3,164,197,207.
Campbell, John G . , 623.
Campbell, Parker, 438,524.
Campbell, William P. A., 536.
Caglps of Instruction.
Establishment, 199.
Candler, E. S., 456.
Cannady, William E., 817.
Cannon, R. H., 526.
Cantwell, Edward, 218.
Capers, Rev., 89.
Capers, Le Grand G., 738.
Capers, T. H.. 608.
Capital of the Confederacy. See Seat of Gover?~meat, etc.
Caraway, Daniel T., 525.
cargiii, IV.H.,704.
Carmiehael, J., 608.
Caroll, Barbee, 699.
Carr, Abraham, 525.
Carr, Charles E., 439,624.
Cam, George W., 155.
Carrere, William, 627.
Carrington, A. B., 608.
Carrington, Charles S., 626.
Carrington, W. C. P., 517.
Carrington, William F., 16i.
Carroll, W. H., 474,568,594,595.
Carrnth, E. B., 526.
Carson, J. B., 626.
Carter, J. L., 739.
Carter, John C., 525.
Carter, Jonathan H., 266.
Carter, Josialt, 525.
Carter, L. K., 609.
Carter, R. B., 738.
Carter, Robert, 626.
Carter, Robert R., 297.
Carter, IV. E., 840.
Carter, \Villiam, 293.
Caruthers, Robert L. (Tennessee).
Bills, resolutions, etc., introduced by, 408,509.
Committee on the Judiciary, 544, 557.
Delegate to Provisional Congress, 337.
Petitions, papers, etc., presented by, 488,492.
Yea and nay votes, 339,342,345,347,359,364-366,
380,383,386-388,391,393,395,398-400,402,404,
405, 409,412,41547,420,421,427,441,443, 445,
446, 449,451,452,454,455,458,460,463,478, 479,
483486, 493, 494,512,513,519-521,528,529, 531,
534, 545, 546,553,554,553,558,562,563,573,575577, 584, 589,594,5974'29,633,
Cary, 0. A., 517.
(Iabkb, T. W., 609.
Cason, J. H., 608.
Cass, Michael L., 760.
Casseday, Alexander, 514.
Catchlng, Philip, 440,624.
Cansey, Charles H., 600.
Cavalry Reglments.
Additional officer, 492.
Cayee, Stewart W., 648.
Cazabat, Alphonse, 625,816.
Cazanx, A. D., 440,625.
Cenas, Hilary, 712.

933
Census of 1860.
Compensation of persons employed, 286, 291,
547, 665.
Chrutdick, S., 608.
Chadick, IV. D., 608, 703.
ChaBee, N., 738.
Chalmers, H. C., 739.
Chalmers, James R., 791,850.
Chamberlafn, George, 625.
Chambers, R. A., 425, 827.
Chambers, T. J., 145.
Chambllss, Nathanlel It., 423,647, 829,842.
Champneys, J. T., 810,518.
Chancellor, C. IV., 738.
Chaplains, Army.
Appointment, 170,174, 181, 226, 241, 556.
Memorial of North Carolina citizens, 56j.
Military rank, 293, 306, 311.
Pay, 226, 361, 534, 709.
Rations, 450, 462,534.
ClKiplalns, Navy.
Appointment, 196,547, 606,621.
Chspman, Alfred B., 155, 434.
Chapman, R. T., 158.
Chspman, IY. D., 738.
Charleston, S. C.
Appropriation for support of provisional forces
at, 117,120,126.
Charlton, C. W., 283.
Charlton, Thomas J., 266.
Chatard, Frederlck, 298.
Cheatham, llcnjamitt P.
Appointment, 307.
Thnnks of Congrm, 527,530,
Cheatham, E. F., 626.
Cheatham, Edward S., 440,624.
Cheatham, H. C., 704.
Chewer, George H., 525.
Cherokee Nation.
Treaty with Confederate States, 564, 610,611.
Cherry, Joseph B., 51G, 596.
Cherry, S. M., 608.
Chesnut, James, jr. (South Carolina).
Bills, resolutions, etc., introduced by, 36,39,47,
69, l77,181,182,207,2a8,294,305,868, 869,877.
Committees:
Constitution (Permanent), 42.
Naval Affairs, 44, Xl2, 207, 300,
Special, 159, 276, 289.
Territories, 44.
Delegate t n Provisional Congress, 11,15.
Mentioned, 656.
Petitions, papers, ete., presented by, 80, 90,93.
Yea and nay votes, 78,91, 92,98,106,121,122,125,
lS1,132,137,181,195,203,209,240,242,243,247,
254-267,285,308,328,328,330,339,342,346,347,
359,364,365,386,395,397,398,401,402,404.409,
412,415-417,41!&421,427,446,449,461,460,493,
494,546, 861,868,871-873,878,SSO,881,883-886,
891-894,896,924.
Chestnop, Theodore O., 424, 827.
Chlchcster, John R., 624.
Chickasaw and Cbortaw Natlors.
Treaty with Confederate States, 564, 590-592,
595, 596, 633, &34.
ChlldR, Frederick L., 155.
Chilton, Qeorge W., 543.

Chilton, L. E,, 540.

Chilton, Robert H., 422,495.

CMlWn, Willtam P. (Alabama).

Bills, resclutions, etc., introduced by, a,so,8
46,53,70,71,79, SO, 133,136,
183,208, 210,215,261,259,261,
367,383, 397,403,417,418,426,
677,683,691,77?,798,79?,
869,862.
Committees:
Buildings, 41,50.
68.
Inauguration, &,a,
Postal Affairs, 44,61,62,94,116,141,187,194,214,
'2%286,292,337,541,361,374,375,382,394,684,
685,820.
Printing, 45.
Special, 19,31,670.
Delegate to ProviMional Congress, 10,11,13.
Petitious, papers, etc., piesented by, 64,70,93,
100,144,170,257,317,341,509,523,793.
Yea and nay votes, 78, 91,92,98,106,121,122,131,
137,141, 181,195,203,209,211-213,216,226,2' %'
240.242,243,26&257,2&, 308,322,32&930,3%2,
335,338,3#2,344,346,359,364-366,380,%3,3R5388,391,393, 395,397-405,409,J12,415,416,418421, 427,441,442,446,478,479,483485,498,494,
612,513,519-521,528,650,531,.545,540,552-655,
658,569,561,562,573,577,&52,666,668,069,673675,677,679,G81,683-686,695,708,710,711,730,
732-734,736,741,746749,751,752,764,756,759,
762,763,766768,770,7?5!,773,780,784-'190,792,
794,790802,806-8ii,8i3, 8ig-m, 829, so,8s836,849,861,878,880,881,885-885,890-894,924.
Chlsman, Samuel It., 625.
Chlsolm, A. B., 516.

Ohortaw Natlon.
Payment of interest due to, 806,818.
Treaty. See ClLickUsuiuuud CJiortnw Ndion$.
Chowau Baptist Assochtlon, North Carolina.
Resolutions, 283,284.

Chrisman, Jumes Is., 439,625.

Uhrlstlan, Bolivar, 840.
Chrlstlan, R. Id., 626.
Christian, Blehard II., 425.
Chrfbtmns, Henry, 438.
Clrurches.
Donation8 irom, 281, 289, 294.
Gliurchlll, Thomas J., 816.
Churchwell, Wllllam M., 605.
Gltlrenshlp and Natnrallzatlon.
Regulations concerning residents i n Northern
states, 288,291.
Rule for persons in Confedcrate States A m y ,
361, 383, 384, 390, 611, 60s. 621.
Temporary provision for citizens of certain
border States, 288,291,302,303,325.
Uniform rules for, 56, 67, 171, 193, 217, 318,718,
719, 744.

Clvllians.
Appointment on staff, 450,462.
Claggett, Henry O., 626.
Clalborne, H. B., 712.
Clalborne, Horhert A., 439,524.
Clalborne, J. H., Corn. Sub., 439,624.
Clalborne, J. H., Surg., 738.
Claiborne, James F., 713.
Clalborne, John, 816.
Clalborne, Thomas, Jr., 424.

INDEX.
f.%tborne,

V. Howard, 439,524.

Claims.
M t a n t commissaries, quartermasters, and
.qurgeons-previous to their appointment by
Confederate States, 565,716.
Auditing, settlement, etc., 150,152, 333, 361.
naenticating of those against Confederate
states, not otherwise provided for, 3% 4%
451.

Officers,certain ones, 602, 665, 678.

States against Confederate States, 316,372,408,
409,413,414, 451.
Transfer of, 5%.
Clampltt, U. N., 840.
Clark, C. J., 491.
Clark, Charles, 307.
Qark, F. P., 440, 626.
Clark, Henry T., 23.
Clark, James L., 626.
Clark, John B. (Missouri).
Bills, resolutions, etc., introduced by, 552, 560.
Committees:
Foreign Affairs, 543.
Indian Affairs, 544.
Special, 5M), 639.
Delegate to F'roviaional Congress, 527,530.
Yea and nay votes, 531,534,515,646,553,554,556,
658,&9,562,663,575-577,581,582,584,589,594,
597-599,6(n,615,617-619,621,622,62i,630,659,
641,645,646,651,652,655,657,666,668,669,673676,679-681,683-685,695,707,710,711,730,732734,737,740,741,747,762,755,759,780,781, 784,
786-791,793,794, 796, 797,800,802,819-823,825,
830,831.
Clark, Montilla, 410,625.
Clark, Thomas C., 625.
Clark, Walter, 517, 568.
Clark, I l l l l a m B., 540.
Clark, Willlam J., 626.
Clarke, C. D., 439, 625.
Clarke, George W., 265.
Clarke, John J., 811, 818, 827.
Clarke, Blchard, 438.
Clay, Rugh Lawson, 164.
Clay, Thomas J., 827.

Clayton, Alexander DI. (Mississippi).

Bills, resolutions, etc., introduced by, 38, 47,51,
~,103,119,128,129,132-136,138,139,143,148,
160, 173,185, 195, 887.
Committees:
Constitution (Permanent), 42.
Judiciary, 44,66,74,113,115,124,i4i,144,145,
150,190,193.

Delegate to Provisional Congress, 15, 31.

Judicial appointment, 204.
Mentioned, 219.
Petitions, papers, etc., presented by, 130.
Resignation, 211.
Yea and nay votes, 78, 91, 92, 98, ios, 121,122,
125, 131, 132, 137, 141, 181, 195, 861, 868, 872,
8739 W W 883-886, 890-894,896,924.
Claytun, Arthur, 424, 826.
Clsyton, George w., 4%.
Clayton, Phllip.
Agent Of Confederate States at city of Washington, 52.
ClOav, F. D. 440, 624,648.

Cleinents, Jesse B., 2%, 871, 69.i. 7".

Ciemson, J. C., 671.
Clergy of Nontgoniery, A L . , 19, 31.
Clerical Force.
Congress, 17, 217, 250, 263, 313. 360, 4i3, 551, 5iX,
579.

Executive Departmeurs, 98, 111, 112, 114, 981,

410, 446.

Justice, Department of, 111, 312, 313, 1399, i 1 5 ,

833, 848..
Kavy Department, 113, 11G, %7, 550, 606, G O .
Post-Office Department, I1 1
Treasury Department+2X.
War Department, 111, 295, 299, 302, 318, 381.
Clinginan, Thomas I,.
Commissioner from North ('iirolin~to prnvisional Congress, 206, 218.
Clltherall, Alexander 1%.
Assistant secretary of Congres, 50, llH. 159, 1i0.
Mentioncd, 259.
Private secretary pro tenipore to the President,
69.

Register of Confederate States Treasury, 123,343.

Clopton, A. G . , 816.
Clopt011, David, 440.
Clopton, John, 738.
Clopton, Maria B., 566.
Clothing.
Private contributions, 235, 366,452, 462.
Supplies for Ar~ny,247,261,305,411,451, i09, i l 6 ,
719.

Clnskey, 1
.W., 440, 624.
Clote, Charles C., 353.
See also Teleyraph, Superhteiident oj, 316, 324.
Coakley, J. B., 738.
Coast Defense, 181.
See also c;U~iboats: aucl Eire? and Iurboi

Defenses.
Coastlng Trade, 173.
Gout of Arms, 42.
See also Cm~attteeon Flay alzd Seal.
Cobb, G i l w I'., $04.
Cobb, Howell (Georgia).
Addresses to Congress, 16, lj.2, 448, 845.
Bills, resolutions, etc., introduced by, 69, 728,
834.

Delegate to Provisional Congress, 11,14.

Military appointments, 435, 440, 811.
Petitions, papers, etc., presented by, 342.
Presentation of sword a n d colvrv to, 441.
President of Provisional Congress, 23,24, 31,45,
48, 56, 73. 85, 89, 96, 108, 112, 114,116,123,127,
142,153,151,172,185,186,196,201,204,211,237,
245, 267,268,%",281,300,309,327,364, 3G7,454,
486, 536, 699,908, 923, 924.
Thanks of Congress to, 265, 814.
Yea a n d nay votes, 78, 91, 92, 98, 106, 121, 1'22,
22.5, 131, 132, l37,141,1S1, 195,203,209,211-213,
217, 219-222, 226, 227, 240,242,243,25%287,286,
322, 329, 339, 342,346,359,364-366,380,353,387,
388, 395, 397,400-403,409,412,415,420,421,427,
441,442, 445,449,450,454,462,483,581,582,584,
683-686, 695, i07, 708,710,711,~30,737,740,741,
829, 83345,849, 861,868,871-873,878,880,881,
883-885,890-894,896,9'24.
Cobb, 0. O., 517, 568.
Cobb, It. L., 539.

INDEX.
Cobb, Thomas B. R. (Georgia).
Rills, resolutions, etc., introduced by, 20,33,34,
36, 41, 49, 51, 67, 71, 72, 83, 86, 93, 94,100, 113,
121,159,174,177,187,196,198,200,210,214,215,
218, 222,232, 234,240,241,253,%5,256,279,281,
287,370, 373, 377,379,411,427,442,486,489,490,

659, 670,675,681,690,694,707,718,719,860,867S70, 872, 876, 878,879,885,891,895.

Committees:
Constitution (Permanent), 42.
Judiciary, 44,291,294,295,301,303,371,375,410.
Printing, 45,60,77,176, 217,232,278,295,312,443.
Special, 159, 276,670.
Delegate to Provisional Congress, 11,14.
Dcsigns for flag, 45, 56.
Milititry appointments, 437, 440.
Petitions, papers, etc., presented by, 170,281,373.
Yea and nay votes, 78,91,92,98,106,121,122,181,
195, 203, 209, 211-213,217,219=222,226,227,240,
242, 243, W257,308,359,365,366,380,383,385387,395, 397, 400, 401,403,409,412,41Ml5, 420,
431,427, 442, 445, 449,450,452,451,456,460,478,
479,483485, 661-563,666,668.669,673-675, 679681,683-686, 695, 707, 708,510,711, 'i37, 740,741,
861,868, 871-873, 878, 880,881,883-885, 890-89.1,
896,924.
Cobbs, If., 64, 127, 192, 218.
Cobler, L. F., 1526.

Cochrn, George N., 625.

Cochran, John, 116.
Cochrim, Owen I,., 283.
Coehrm, Wlllfanr L., 626.
Coehrau 6.Co., 48s.
Coeke, Daniel F., 439,624.
Cocke, Philip St. (aeorge, 474.
Cofer, Martin if., 647.
Coffee, W. N., 630.
Cohen, Solomon, 283.
Coins, 341,732.
See also Foreign Coins; and Weights and

Measares.
Colby, P. T., 840.
Cole, A. H., 704.
Cole, James L., 816.
Cole, JameR M., 439, 624.
Cole, B. A., 739.
Cole, Eobert a., 155.
Coleman, John It., 439, 624.
Coles, J. S . , 626.
Collectors of Customs. See Customs Duties.
Collier, Chas. P., 687.
Collier, B. R., 688.
Collier, Thomas J., 623.
Collins, Charles R., 423, 496.
Collins, John, 623.
Collins, L. B., 175.
Collins, I\'. A., 739.
Colston, R. E., 609,627.
Conianche Xstion.
Treaty with Confederate States, 632,633.
Commissaries.
Penal bonds, 557.
Commissary Depnrtmont.
Deficiencies, 305,309.
Examination of, 374, 395, 399401, 413, 415, 416,
653,654, 678, 709, 710, 720, 722-724.

Increase of, 728, 736,737,812,813,832.

Commisslouers to Europe
Appointment of, 46,4Y
375, 317,447.
Compensation, 87, 89.
Further service, 286.
Instructions to,285,295.
:ommissloners to the United Slates.
Appointment of, 45, 46, 52,56,86.
:ONllllSSIOUS.
Dateoi commencement for certain staff officers,
53'2, 580, 681, 585, 740.

Officersserving without, 709.

Officersto aid in signing, 530, 5%.
Committee on Acooants.
Appointed, 45,105, 544.
Bills, etc., referred to, 47, 130,144,169,170,193,
206,254,277, 473, 474.

Instructions to, G7, 556.

Reportq by:
Clerk to secretary of Congress, 60,551; clerk
for assistant secretary of Congress and engrossing clerk for Congress, 197; account
against Executive Department, 209; claim
of White, Pfister & Co., 382; compensation
for doorkeeper and other employees of
Congrcas, 430; monep and accounts of Congress, 461, 820; assistant to doorkecper, 551;
pnymcnt of carriers of electoral votes, 579;
stAtionery for Congre%, 665.
Committoo OJI Huildlngs.
Appointed, 41,486.
Bills, etc., referred to, 486.
Instructions to, 170.
Reports by, 50,176, 193,205.
CommlttPa on Clalms.
Appointed, 197.
Bills, etc., referred to, 204,209, 216,239,245, 257,
281,281,288,291,293,295, 300, 301,304,309,324,
531,938,341,349,344,357,358,361,371,382,449,
533,534,566, 611, 654, G60,709,517,728,736, 744,
751,779.
Instructions to,393, 342, 378, 647.

Reports by:
Claimr against Confederate States, 258, 301;
pctitions and memorials, 362, 381, 443, 793;
contingent fund, 362; relief of di&bursing
offirers and agents of Army and Navy,
779.

Committm on Commerelal Affairs.

Appointed, 44, 74,110,244,544.
Bills, etc., referred to, 45, 93, 106, 115, 118, 141,
172,194, 206, 338, 344, 368, 382, 489, 523, 629,
649,678, 699.
Instructions to,48,115,173,218, 476, 492.
Rcports by:
Collectors of customs, 62, 63; free navi&ntion
of Mississippi River, 60, 75, 714; rcpcal of
navigation laws, GO; ports of entry, 81;
Light-House Bureau, 107, registration of
vesBols, 107; port of entry at Montgomery,
Ala., 107; limibof portof New Orleans, etc ,
207; port of entry at Houston, Tex., 246;
port of entry at Sabine Pass, Tex., etc., 246;
transportation and sale of tobacco, etc ,557:
relief of A. B, Noyes, 685; weights and
measures, 694; names of vessels, 700, tariff
laws, 743.

936

INDEX.

Jommittee on FinauceContinued.
Reports by-Continned.
revenue from imports from foreign couiitries, 120, 234, 310; Pensacollt and Georgia
Railroad Company, 126, 252; foreign coins,
12i, 378; transit of merchandise throdgh
Confederate States, 146; Confederate loan,
193; suspension of mints, 200; transfer of
itpprupriritions, 200, 580: marine hospitals,
225; cornpelisittion of disbursing officers of
Executive Departments, 226; contracts for
lease on Governmtat buildings. 234; expenses of public service within Indian
tribes, 250: duties on cerltin articles, 250;
86, 89, 90, 94, 95, 97, 102, 107, 110, 114, 116, 118,
exportation of cottou, etc., 250, 291; exemp120, 121,124,126,131,142,147, 149,150,176, 181,
tions of railroad ears from payrneutof duty,
184,193,197,2M), 203,207,209,210,213,214,219,
261; purchase of tactical books, 251; pity of
236, 241, 254, 257, 259,262,264,276,290,293,300,
Nembersof Congress for postage,257;claims,
303,309,310,312,314,320,32.~327,342,346,360,
258; certain debtors to pay amounts due
363,366, 367,371,376,380,383,384,387,398,401,
into Treasury of Confederate States, 258;
410,411,413,417,447,450,451,459,462,466,4i7,
salary of private secretary to President, 258;
487,493,510,511,6!21.527,530,632,550,656,559,
pay, etc., of Marine Corps, 259; pay of
66Y,574,550,583,585,590,597,598,603,605,607,
officers resigned from United States Navy
612,616,619,621, 629,630,635,636,614,645,F51to join Confederate States Navy, 260; dis653,664, 665, 670, 675,676, 679,683,685,690,692,
position of railroad iron, 260, 443; nppropri695,698,699,709, ill,712,729,730,744,750,759,
ation for removal of seat of government,
764,772, 783,813,814,322,831, 832,846, 848.
264; appointment of agents to sign Treasury
Resolution offered, 361.
Commlttee on Exeeutlve Departments.
. notes, 2i1; payment of persons for taking
cenfius,291; entry an4 discharge of vessels,
Appointed, 44.
Bills, etc., referred to, 659.
310; remission of duties on certain imported
Reports by:
goods, 323; assay offices a t Charlotte a n d
To organize the Department of State, 64; to
Dahlonega, 331; export of tobacco, etc., 359;
to audit claims of certain States against
establish Departments of Justice, Treasiiry,
Confederate States, 372; memorial of Jeptha
War, and Post-Office, 66; private secretary
to the President, 68; to establish the Nary
Foulkes, 372; additiorial duties on foreign
Department, 70; Assistant Secretary of
imports, 372; unclaimed goods in wareState,87; Assistant Secretaries of State, War,
house, 372; Commissioner of Public Buildand Treasury, 672.
ings, 414; Bureau of Produce Loan, 429;
Commlttee on Flnnnee.
transmission of money, bonds, etc., 443;
Appointed, 44, 205, 644, 621.
transfer of funds to foreign parh, 4763 tax
Bills, etc., referred to, 46, 78, 90, 94, 101, 108:113,
assessors, 547; repeal of tariff laws, %7; ap116,117, 121-123, 126,1-12,145-147,149,151,170,
pointment of J. D. Morris, 571; per diem
171,186,193,197,199,200,206,209,210,215,219,
and mileage for carriers of electoral votes,
229, 235,236,239,241,245,253,256,263,276-278,
590; relief of Missouri, 700; assay office at
280-282, 2 0 , 291, 293,300,304,308,319,322,338,
Iiew Orleans, 700; aid to Kentucky, 714;
3% 367, 371, 374,391,392,430,431,473,455,487,
transfer of funds from Quartermaster to
489, 633, 659,660,56&567,669,274,578,690,602,
Ordnance Department, 728; financial ar603, 629. 636, 638,642,613, FSi, 660, 690,691,708,
rangements of Treasury Department, 740;
712, 714, 734, 738,537,739,741,757,758,760,766,
Hampton sufferers, 743; exchange of Con804.
federat,efor State bonds, 778; deputy marInstructions to, 41, 71, 97, 123, 169, 186, 187, 277,
shals, 779; interest due Choctaw Nation, 806.
281, 25.5, 286, 305, 316, 323, 311, 377, 476, 610, Corninittee on Flag and Seal.
603, 666, 678, 719.
Appointed, 40, 718.
Reports by:
Authorized to employ a draftsman, 70.
To enforce reveinie laws, 69; exempting from
Devigiis aiicl models referred to, 40,43,45,47,51,
duty certain commodities, 69, 81, 113, 1.16;
64, 56,73, i7,86,89,90,93, 101,113,175,259, 261,
salaries of Vice-President, etc., 69; inone?
544, 569,630,636,678,729,735,736, 740,743,758,
for support of the Government, 74, 81; dc771,783, i93.
fense of the Confederate Stntes, 81; clerical
Instructions to, 42, 48, 433, 735.
force of Executive Departments, 98,115,250,
Report of, and design for flag recommended,
779; pay and mileage of memhers of Con101, 102,823.
gress, 99; laws conccrning liqnors, 102; Committee on Foreign AEairs.
Treasury notes, 110, 220, 310, 311, 372, 566
Appointcd, 44,169,213,543,621.
mints a t New Orleans and Dahlonega, 117
Bills, etc., referred to, 45,46,58,106,169,170,184,
organPJation of Post-Office Department, 1x1
198,214,221,294,206,322,489,666,699.
appropriations, 120, 126, 147, 151, 152, 234
Instructions to, 236,286,288,295,294,300,313,367,

Committee on Commercial aud Fiuancial Inde,

pendeuce.
Appointed, 334.
Bills, etc., referred lu, 699,709, 7%.
Report by, 727.
Committee on Constitution (Permanent).
Appointed, 42.
Reports by, 210.
Resolutions referred to, 44,170, 245.
Committee on Engrossmcnt~.
Appointed, 45,169.
Bills, etc., referred to, 343.
Reports by, 61, 54, 65, 60, 63, 64, 69, 71, 77, 7% 81,

246, 323, 324, 378,670, 607, 6G0, 700, 740, 765

377.

INDEX.
Conimittee on Foreign Affalrs-Continued.
:ommfttee on the Judlciiiry-Continiied.
Reports b y :
Report.?by-Continued.
Commission to European powers, 49; commisput under permanent Constitution, 246,375;
sion to the United States, 52; compensation
judicial districts i n Tcsns, 258; prisoners of
for commissioners to European powers, 87;
war, 260.301:. ~ublicntlon
of secret orocccd_
existence of war between United Statesand
in@' of Congress, 291; libel of vessels, 294;
Confederate Stntes, and letters of marque,
detention of United States prisoners in Inetc., 773; $ale and distribution of prizes, 182:
dian country, 296: moneys deposited in regagreement between Virginia ,ind the Conist,riesof courts, 295; penalties for violating
federate States, 182, 183; telegraphic lines
dcbtors act, 295: confiseat,ion of property,
in the ConfederateStates, 187; admission of
etc., 301, 331, 559; abduction of slaves, L59,
certain articlesinto the Confederate States,
605; district courts to appoint commission200; affairsbetwecn Confedcrate States and
ers, ctc., 359; retaliation, 362, 805; amendUnited Stateq, 207; treaty stipulations with
ments to Constitution, 376, 356: fees of
foreign nations. 225; confiscation of railroad
clerks, marshals, etc., 410,605,744;fees and
costs in admiralty cnses, 410; special mariron, 245; maritime law, 310; President to
appoint commissioners,314; udditional tnriff
shals, etc., 428: heirs of dcceased soldiers,
duties, 314; importation of nrticlesprodnced
4%; action upon nominations, 62G; judicial
districts inTennessee, 557; scquestered propi n the United States, etc., 323; protection to
erty of alien enemies, 598, 742; salary o f
citizens of other States, 323; invasion aitd
Assistniit Attorney-General, 602: claims of
retaliation. 358; cotton crop, 358; commercertflin olticcrs, 602; bills vctocd by Presicial and tonnage advantages, 358.
Commlttoe on I i i ~ i i g u r ~ t l o n .
dent, 603; pay, etc., due dece~sedsoldicrs,
603; Indian alfaira, 672; jurors i n criminal
Appointed, 55,54,765,792.
cases, 514; protection of citizens (property
Reports by, 62,847.
dcstroycd), 715; pnblication of laws, 715;
Committee on Indian Mrlrs.
milroad in Texns, 728; jiitlicial districts,
Appointed, 45,110,169,244,544.
etc., 743; pay of certain persons, 744; GovBills, etc., rcferred to, 70,80, 90, 142,193,564,595,
ernment contracts, 753.
604,640,672,743.
:ommittre on Jlilltimy bfhlrlc.
Instructions to, 81,205,427,489,665.
Appointed, 44,110,174, 205,403, 544,621, G40.
Reports by:
Hills, etc., referred to, 48, 54, 5G, 61,G8, SO, 71'74,
Bureau of Indian hflairs, 1.17; protection 01
60, 82, 90, '34, 97, 99, 1(M,115,141,1.12,170, 17-1,
certain Indian tribes, 215; treutit~sw i t h crr176, 182, 183,19G, 199-201,2OG,2O8,221,22GG,
231,
tain Indian tribes, 690, 601, 609; payxiwnt of
236,277,28&282,286,2W0,292,295,300,301,304certain Indian troops, 620; to reivrird Scm306,309, 312,313,316-317,323,326,327,533,
334,
inole chief, 636; Indian trust funds, 650, 760;
337,338, 341,342,358,564,367,3(i8,373,377, RTX,
disposition of captured negro slnres, 805.
390, 399, 4P7,456,177,48X,491,510, 511,$22, 54X,
Comnilttee on the Judiciary.
h20, 532-5:14,M9, SG5,579,681,5S6,587,5!)7, 1i30,
Appointed, 44,110,141,205,214,544,621.
631,G36, G40,643,650, 6Ci0,665,672,GT5,G76, 691.
Bills, etc., referred to, 9R,99,11H,14:3,171,17:3,181i,
709,71.1,718,728,731,735-737,740,757,7R8, 560,
206,209,21.5-217,220,247,253,260,290, 291,301,
765, 7G6, 779,805.
322,333,338,341,357,360,476,483,485490,4'J2,
Iristrri(!tiotis to, 48, 49, 61, 70, 173, 182, 189,226,
M)8,509,511,518,523,529,532,533,565,56F,585,
284,490,293,
Y04,305,316,33& 384, 348, 3:15,375,
694,597,603,621,629,636,640,643,659,(iFO, 665.
:17$,395,476-478,4RG-4S9,492,
508, 609, 532,533,
672,682,691,G94,699,708,713,714,719,735,743,
53,557,566,680,628,643, 682,714, 719, 736, 765,
809.
778,71)3.
Instructions to, 109,141,205,210,213,224,280,284,
287,2%, 290,291,293,300,321,475,486,488,491, Reports by:
Occilyation of Forts Snmter and I'iekens, 53;
549,5G5,675, G54,714,
509,510,533,534,644,547,
munitions of war, 67, 187, 201, 311, 360,609,
735,758.
650; public delensc, 75,1S7,292,306,316,5.&8,
Reports by:
715;organization of Army, 81, 96, 122,1.19,
Citizenshipand naturalization,56,193,291,603,
214, 2.17, 306, 411, 413, 493, 511, 728; provi744; slave trade, 74; judicial eonrts, 74,246,
sioiiul forces, 92; appropriations, 117, 122,
251, 295, 301, 603, 714; Federal collrts, 113;
235,334, 361, 411; friction capsfor firing callcourt of admiralty at Key West, 115, 603;
non, 142; telegraph lines, 174, 413; thanks
public lands, 124, 144; court of admiraltyin
l o General Bcauregard and army, 174;
Mississippi, 141; compensation of attorneys
chaplains, 174, 311, 361, 460, 709; IouaYcS,
of Confederate States, 145,605; ir1troduction
1%;additional military force, 176, 252, 636,
of slaves or African negroes, 160, 221, 246;
741; invalid pensions, 187; mustering into
public defense, 207; transfer testimony, 221;
service 1st and 2d South Carolina regiments,
digest 01 laws, 2'21; court of admiralty for
193; Hardec's Infantry Tactics, 194; BellTexas, 225; removal of seat of goveI'llmcnt,
ville Iron Works, 208; aerial locomotion,
225; admission of States, 231, 484, 516; to
210; military districts, 214: papers of Secreamend Provisional Constitution, 235, 291,
tary of War, 214, 879, 593, G91; clerical force
292; election of Representatives and ansemin War Department, 225; appointments dUrbling of Congress, 246; election of President
ing recess ofcongress, ctc., 229,378; sappers
and Vice-President, 246; Government to he

938

INDEX.

Committee on Military Affatrs-Continued.

Reports by-Continued.
and bombardiers, 235; defenses a t Sabine
City, Tex., 235; clothing and transportation
of soldiers, 247, 411,452, 716; emPloymt:Ilt
of Army i n border slave States, 247; nwident to confer temporary rank and command, 252, 550; 1st North Carolina Volnnteem, 292; Bureau of Army Intelligence,
292; claim of Dr. Hill, 295; railroads in Virginia, 295; memorial of Col. Sam. Jones.
301; pay of resigned officers, 301; transportation, 305, 306, 315, 360; field officers and
assistant adjutants-general, 306; supplies
for sick and wounded, 306; information
concerning arms and troops, 306; advances
on contracts, 311; supplies to troops, 311,
314,374; accumulation of cotton, 312; relief
of Missouri, 314, 762; commissions to raise
regiments, etc., 315, 316; payment out of
contingent fund, 324; Corps of Artillery,
etc., 324, 548; admission of Nissouri, 324;
arm3 captured a t ManasTan, 324; appointment ofsurgeons, etc., 344,716; Government
under permanent Constitution, 360; uniform
rnle of naturalization, 361; substitutes, 361;
local defense, etc., 3i3, 753; cooks and
nurses, 373; horses, 3i3,509,548, 695; military
roads, 378, 279; supernumerary lieutenants
in Provisional Army, 379; recruiliiig stations, 402,741; purchase of steamer and militarysupplies, 410,411~provisions
for troopsin
the field, 411; organization and administration of Quartermaster and Commissary
Departments, etc., 413; retaliation, 429;
movable hospitals, 429: aid to Kentucky,
449, 455; civilians to staffsof generals, 460;
adjutantsofregiments, ete., 450,716; cadets,
450; portable breastwork, 453; exemption
from arrest, 453; drillmasters, 455; Lumberton Guards, 508: enlistment of volnntecrr,
511, 547; hospital lanndrcssea, 520: officers
to aid President to sign commissions, 530;
bounty, etc., to volunteers, 548, 741; vacancies among field officers, 548: higher grades
of rank in artillery service, M8; assistant to
Secretary of War, 648; chief bugicrs, etc.,
6.48; destruction of cotton, etc., 5.18; bfedical Examining Board, 548; connecting certain railroads, 545, 701, 819;rank and pay
01 ccrtiiin officers,519, 819: recruiting service of Irovisional Army, 580; date of commissions for certaili oflicers, 580; Corps of
Engincers, 621; additional troops i n Yissouri [or Provisional Brmy, 644,779; iiiformntiou conveyed to enemy, 6-44; report of
COl. Edwmd Johnson, GB3; claimsof ccrtain
officers, GG5; attack on Forts Walk(!r and
Bcnuregard, G65; suppression of drunkenIleSS, 665; fnrlough8, 678; President to call
for troops, 682; regiment to protect frontier
OfreXW, 683; artillery offieera, 083; military
nurses, 691; recruitment of companies, etc.,
695; rolling mills, cte., 701; organization of
brigades and appointment of brigadiergenerals, 71 6; pontoniem and topographical
Officers,716: increase in Quartcrmaster and
Commissary Departments, 728; status of

Committec oil JIilitnry ABalrs-Continued.

Reports by-Continued.
brigadier-generals in Provisional Army,
753; clothing for prisoners of war, 733; rcport of Col. James Melntosh, 762; steamer
Nary Patterson, 782; m
sion, 813; to continue i n officegeneral officers of Provisional Army, 819; 3Iaryland
Line, 820; report of Gen. Rraxton Bragg, of
Pensacola Harbor, 836.
Coinmittec on Saw1 AU
persons, 51, 60, 64.
Bills,ete., referred to, 53,51,83, 100, 171, 181, 182,
i 9 ~ , 2 0 s , x 5xis,
, 258,281,284,29-~,300, R?:?, 356,
3%,368,351,378,402,407,450,452,473,4X6,
488,
489,509,511,523, 624,613,645, 657, 7j8.
Instructions to, 48, 90, 159, 196,286, 373, 565.

Papers, ctc.,delivered to Secretary of Tavy, 1t2.

Reports by:
Defenw of rivers and harbors, 55; confirmation of Secretary of Kavy, 95, 105; organization of Sav)., 116, 14i,235, 362, 5 3 : purchase
or construction of gnnboats, 132, 201, 410,
COG; traveling expenses of certain naval
ofticcrs, 1-15; appropriations for Nary, 147,
202, 311, GG1; Bellville Iron Works, 252; existciice of rvrrr between United States a n d
Confederate States, and letters of marque,
etc., 232, W,sale and distribntion of prizes,
300, 360; construction of newly invented
implcment of war, 311; defense Kssissippi
r, 314; impressment oi property, 314;
iiiic olficers, 360; petitions of Dr. A. Y. 1
.
G i ~ r i ~irrid
~ i tJoune 1. Levy, 360; temporary
rank, officers of Kai-y, 3F0,753; naval contracts without advertising, 410; memorial
of T. 31.Sewell, 450; prepayment of postage,
450; copper for nuvnl purposes, 460; cnliutment of seamen, 547; clerks for Xavy Department, 5-17; transfer ofcerttiin appropriations, 517; chaplaiIis, 517; education of
midshipmen, 517; petition of Lieutenant
Hunter, 605; resigned officers of Coast Survey, 605; appointment of officers of Navy,
606, 676; floating defenses, 661; bounty to
seamnn, 676; memorial of Capt. V. M. Randolph, 676.
Committee on Patents.
Appointed, 44, IfiS.
Bills, ete., referred to, 51, 56, 70, 80, 90, 94, 106,
170, 1i1,281, 8 4 , 328, 333, 358,373, 488, 699.
Instructions to, 449.
Reports by:
Relief of J. M. Walden, 56; Patent Ofice and
patents, 63, 150, 205, 312, 550, 551, 716: copyrights, 194; report of Conimissioner of Patents to be printed, 716; salary of clerks i n
Patent Office, 716.
Committee on Pay and Xileago.
Appointed, 185, 382.
Bills, ek.,referred to, 729.
Instructions to, 769.
Reports by:
Pay of members of Congress, 201, 208,776,777.
Committee on Postal Affairs.
Appointed, 44, 110, 244, 644.

IND
Committee on Postal ARalrs-Continned.
Bills, etc., referred to, 48,90,106,121,122,171,211,
288,288,321,322,338,343,357,367,3G8,371,390,
406,452,509-511,523,533,564,566,596,629,637,
654,672,691,713,735.
Census of 1860, 286,291,M7,565.
Instructions to, 210, 284, 288,303,316, 333,342,
Chaplains, 361,534,709.
367,534.
Collectors of customs, 53,358.
Reports by:
Commissioners to European Powers, 87,89.
Rates of postage, 61, 62,94,194,361;to organDisbursing officers of Executive Ikpartments,
ize Post-Office Department, 118,191;vesting
197,226.241.
certain powers in Postmaster-General, 141,
Members of Congress, 99,117,U G , 138, 201,208,
187; auditing of Post-Office accounts, 187,
210,211,219,220,129,769,776,77i, 834,835,848,
215; to establish mail routes, etc., 236, 374,
Officersof Congress, 117,144,14%152,430.
630;extension of mail service, 236; prepayPostmasters, 534.
ment of postage, etc., 286, 374,685; franking
Public printers, 5G.
privilege, 292;collection and distribution of
Snrgeon-General, 10.1.
moneys remaining in post-offices, etc., 341,
Vice-president andheadsof Ikpartmeuts, 69,72.
684;restrictions upon communications sent
See also Fees.
beyond the ConfederateShtcs, 375;payment Coniptoa, James, 626.
for postage stamps and stamped envelopes, Comstock, J. II., 712.
375,604;carriage of the mails, 382;memo- Cone, Aurcllus P., 156,624.
rials, etc., 382,820; appropriations, 394,460; Coufodoracy of Seceded Ststen.
messenger for Post-Office Department, 460;
Constitution adopted (Bebrnary 8, 1861), 39.
relief of certain persons, 681; clerical force
Formation of, 19.
of Post-Office Department, 685; extra com- Confederate Loan.
pensation to pustniasters, $20.
Authorized, 220,221, 227-229,241.
Committee on Iriotins.
Estimates of expenses, 236.
Appointed, 45,544.
Snbsciiptioris lo, 265, 290, 489.
Bills, etc.,referrcd to, 169,170,373,275,436,492,
See also TJenmi !I Aotes.
685.
Coafcdrmtc Troops.
Instructions to, 172,287,310,377,714,750,735.
Arm? for, 778.
Reports by, 60, 77,171,176,
217,252,278, 296, 3 E ,
Nurnber in service, 544,5S2,778.
443,629,672,501,
i79,833.
Organization into brigades, 650,7l6.
Committee on Provisiounl Oovernme1it..
Zouiwes, 176,185.
Appointed, 22.
(:on lirni a1 lous. See NcmzilLtrt i o i ~ and
s Cmfirmations.
Report of,25-30.
(onfisrntlon 8111, 778, 793.
See also Constit?rlion of the C~n~fc.dlerale
States
See slso Alifn l<nmaie.P.
(Provisional).
(oiiqrchs, Scwrtnry of.
Committee on Public Lands.
Charged with certain duties, 148.
Appointed, 44,169,174,244,
M4.
Congress of tho Confedernto States (lernlauent).
Instructions to, 80.
Election of members, 186,24G.
Time lor mscmbling, 186,246.
Rcport by, 110.
See also Constrtubioii of the Confederate Slates
Commlttee on Hules.
(Perniancnt): Opoation of dotwn?nent.
Appointed, 16.
Congrcss of the Cosfedoriito Stwtcs (Provlsionnl).
Bills, etc., referred to, 82.
Adjonrnmcnt of sessions, 126,131,312,313,357,
Instructions to, 443.
36436G, 395,41G,417,408,459,480,529-632,514Reports by:
5 16, 557-559,661,662,678,5f33-5%.
Rules for government of Congress, 17-19;
Agent a t Washington, 62.
heads of Departments admitted to floor of
Assembly of delegates (February 4,1861), 7,li.
.
Congress, 103;secret sessions, 460.
Clerical force, 17,217. 250,2G3, 281, 343, 360, 473,
Comniltteo on Terrlt,ories.
651,678,579.
Appointed, 44,110,169,176,250,544.
Confirmritions. Sce hruRTominutiwks w d CoxI?rmaBills, ctc., referred to, 80, l Z , 169, 160, 476,6%.
t~ons.
Instructions to, 585.
Duration of sessions,5.
Reports by:
lextra scssion convencd (April 29,1861),169.
To organize Territory of Arizona. eto., 051,
Journals oE,22,32,
M,64,779,8&, 834,848.
F12,660; to admitdelegate from Territory of
Loan from Alabama. 24,3.
Arizona, 701.
Outh of member%89.
Comniittecu, Standing.
Organization, 10-12,16.
Appointed, lG, 44,45,110.
Pay of members and officers Sec Cinnpmsation
Appointment authorized, 16,40,42,277.
Safe-keeping of records, 32,64,343,779,833,834,
Instriicted to report bills, 50.
848.
Commneicatlon nit11 tho Enemy.
Secret proceedings, 287,291,464,683,708,709.
Prevention, 303,375,G44,699.
Sessions, 5,7,159,271,465,467.
Compensation.
Army, 99,100,104,105, 477, 488,491,492,511,fm, Conoer, James, 185,343.
Conncr, Rlcliard E., 517.
716.
Comer, Z. T., 435,499,837,841,843.
Assistant Attorney-General, G02.

940

INDEX.

Constitution of the Confederate States (Frovieional).

Adopted (February 8, 1861),39.
Amendmentsconsidered, 32-39,288,292,322,325,
59, 67-69,72, 74,76,62,83,124,125,132, 134, 134,
375, 659, 612.
IM,146,147,149,150,179,180,1~4,194,208,212,
Committee of Twelve to report, 22.
222,239,244,245,260,276, 286,290,294, 31% 319,
Lithograph copics, 834,617.
338,366,388,390, 396,405,410,426,431,511,520,
Ordinance to amend, 235,247,264,909.
529,573,576, 607,630,662, 663,673,678,@1,69%
Reported, 25-30.
694, 736,748,773, aoo,so2, 8 ~ 5 , 8 2 6m, ~, 861,
~
Resolutions concerning, 172,176,200.
662,664,8&5,671,872,8i4,887,894.
Text as adopted, 899-908.
Committees:
Con~sls.
Executive Departments, 44,66,70.
Accredited to the United States, 2Slj,294.
Naval Affairs,44,75,95,116,132,142,147,201,208,
Appointment authorized, 144,151.
235,252,311,314,343,356,360,394,407,410, 459,
547,605,606,609,676,677, 753,771,777,817, 814, Contee, Richard, 515.
Contlngent Fund of Congress.
848,850.
Payments from, 146, 151, 169, 256, 259, 263, 203,
Special, 25,265,289,430,583,639,689.
317, 321,324,362,382,399,428,430,457,461,463,
Delegate to Provisional Congress, 14, 25.
637,643,644,658,699,777, R17.
Petitions, papers, etc., presented by, 56, 90, 115,
Contracts, Government.
204,209,239,309,632,660,699.
Advances, 305,311, 316.
Yea and nay votes, 76,91,92,98,106,121,122,125,
Auditor of, 765, 805.
131,132,137,141,181,195,203,209,212, 213,219,
Members of Congress prohibited from making,
221,22,240,242,243,247,254-257,2S5,308,322,
735, 736, 753, 835.
328,330,332,335,336,339,342,344,347,359,364366,580,385-388,393,397, ~98,401405,409,412, Cook, George T., 283,292,364.
415-417,419421,427,441,442,445,449,452,454, Cook, James G., 263.
455,456, GO,~62,478,479,485-485,493,494,5i~,Cook, Philip, 516.
513,520,521,5"8,529,534,546,552-554,556, 561- Cooke, A. B., 439,624.
663,573,575-57:,581,582, 588,597,607,617-619, Cooke, Giles B., 515.
621,622,627,MI,64ti, 668,669,673, 674,679-681, Cooke, James W., 296.
683-686,695,707,708, '710,711,730,732-734,737, Cooke, John K., 263.
Cooke, John R., 424,706.
741, 746-$50,752,754, 755, 709,766-770, 752-774,
780,784,786-588,790, 792, 791, 797,799,800, 802, Cooke, Williani JI. (Xissouri).
Bills, etc., introduced by, 7%.
606-808,810,811,613,820-825,829, S31,834,636,
Committees:
849,861,668,671-873,878,880, 881,86%886,890Accouuts, 544.
694,696,924.
Commerce, 544.
Conrad, Dauiel B., 298.
Ntlval Affairs, 544.
Courow, Asron H. (Miwouri).
Delegiitc to Provisional Congress, 323.
Amendment offered,607.
Yea and nay votes, 528, 529, 531, 534, 646, 553,
Committee on Finance, 544.
656, 558, 559,562,563,553,584,589,597, 598, 604,
Delegate to Provisional Congress, 510.
621, 622, 627,651,652,655,657,658,666, 666, 669,
Yea and nay votes, 513, 519-521,528,529,531,534,
673-675, 679, 661,686,695,711,747,752, 755, 759,
545, 546, 653, 554,556,558,559,562,563,573,575762, 787, 794,797,799,806,809,812,813, 819, 620,
577, h81, 582,584,589,594,697-599,607,1315,6178'22,625,830,831,833-8$6.
619, 621,h22,627,630, 633,639,641,642,648,646,
Cooks and Aurses, 364, 373, 384, 691, 793, 805.
651, 659,656,657, 658,666,668,669,673-675,677,
Cooper, Inmilton, 188.
679,681, 683-666, 695,705,708,710,711,730,732734, 737,740,741,747,753,765,759,763, 7G3,766- Cooper, John F., 435.
Cooper, John W., 424, 826.
770, 772-774.780,781,764-787,794,797,799-802,
Cooper, Mark d., 48, 68.
806-813,619-626,S%9-831,633-635.
Cooper, Samuel, 164,275,464, 570.
Constitutional Conventloa.
Cooper, Samuel M., 423, 705.
Journal of, 851-896.
Publication of Journal, 730,731,734,735,779,633, Cooper, Thoinns I,., 435.
Copelnnd, 1
.DI., 439, 324.
634, 648.
Cunstltution of the Confederate States (Perma- Coppens, A., 704.
Copper.
nent).
Adopted (March 11,1861),896.
Supply for naval piirposes, 460.
Amendments considered, 858-896.
Copyrights, 113, 114, 194, 247, 264.
Appointment of Committee on, 25,41,42.
Corcoran & Co., 848.
Opertxtion of Government, 246, 260, 360, 375, 384, Corley, James L., 155, 507.
804, Bso.
Coruick, James, 536.
Rcported, 87,851458.
Corumell, Jerome C., 704.
Resolutions, ctc., conceming,21,25,41, M, 64, go, Corprew, Oltver H. P., 626.
9&94,10%146,1M),1?0,172,176,21)4,245,250.
Coshy, George B., 424,600.
Text as adopted, 909-923.
COsby, JOhu S.9 608.

Conover, J. J., 540.

Conrad, Charles P. (Louisiana).
Bills, resolutions, etc., introduced by,42,48,5L

INDEX.
Cotton.
Accumulation a t seaports, 290, 312, 322,358.
Destruction, 477, M8.
Disposal of crop, 276, 277, 367, 4'29.
Exportation prohibited, 205, 250, 251, 264, 282,

Crmford, Msrtla J.--Continued.

Petitions, papers, etc., presented by, 48,368,510.
Yea and nay votes, 78,91,92, 106, 181, 196, 203,

'Los, 213, 240,242,243,247,254,255,329,330,38Z,

335,336, 342,344,346,359,364,866,380,38.3,385388,391, 393, 395,397,398,400,402405,409,412,
415-417, 419-421, 4'27,441,445,449,450,4M,455,
Purchase for Confederate States, 719,793, 812.
460,462, 478, 479,483-485,494,612,513,519-521,
Transportation and sale, 489, 557.
528,529, 531,534,645,512,559,661-563,573,575Countz, C. IT., 439, 525.
57l, 581,684, 666,673-675.681, F83-(i86,695.707,
Courts, Judielal.
708, 710, 711, 730,732-734,737,740, ?41,746, 747,
Establishment, 74, 80, 94, 127-129, 131-141, 152,
749,782, 7647~59~
762,763,766-~70,780,7~,
796,
246, 260, 263, 291,295,301,307,309,603,621,69-1*
799,808-813,819-822,824,826,829,830,833-836,
714, 715, 730, 743,744,821,825,832.
924.
Jurisdiction of Federal courts, 93, 113,187, 215, Crawford, N. M., 172.
324.
Urawlord, Thomas, 2%.
Powers vested in commissioners, %9, 444, 453.
Urayton, Beylls F., 440.

288, 291, 302, 304, 308, 309, 313.

Export duty, 71.

Testimony transferred from United States to

Confederate States rourts, 221, 268, 259, 264.
Virginia, 224, 235, 247, 251, 264.
Courts of Admiralty.
Fees and costs, 410, 446.
Key West, Fla., 115, 119, 120, 12G, 141, 143, 151,
491, 603, 635.

itfississippi, 141, 187, 216, 248, 2.19, 261.

Texas, 209, 225.
Covey, Edward X., 423, 195, 738.
l'ovlngton and Ohio Railroad, 719, 778, 7i9.
Cowan, d. H., 704.
Cowan, James G . , 425, 827.
Cowan, Id. E., 704.
COtTard, A., 343.
Cowen, E. A., G!!O
Cowherd, Colbp, 738.
Cowles, Thomas W., 626.
Cox, 0.Thomas, 811.
Cox, Peter C., 626.
Coyle, Patrlck, 609.
Crnft, Addison, 840.
Crnlge, Burton (North Carolina).
Committee, Special, 4bG
Delegate to Provisiotiul Congress, 276.
Petitions, papers, etc., presented by, 282, 338,
564.

Resolution offered by, 456.

Yea and nay votes, 308, 323, 328-330, 335, 336,
33Y, 312,345,347,359,365, 366,478,479,463-486,
612, 545, 546,558,559,562,563,573,666,668,673707,737,747-750,752,
675, 679,680,683-685,69b,
759, 762,763,766-750,77!2,780,7819 784-787,790,
791, 794, 796, 797,799-802,806,819-822.
Crane, Wm. Care), 237, 238.
Cranford, Daulel, 626.
Crawford, George W., 14.
Crawford, H. S., 704.
Crawford, J. H., 648.
Crnvford, Xartlu J. (Georgia).
Bills, resolutions, etc.. introduced by, 71, 184,
195, 211,358, 417, 512, 513,543, 549, 683, 681.
Commissioner to the United States, 86, 207.

Committees:
Accounts, 45, 131,184.
Commercial Affairs, 44,75,81,207, 246,367,372,
433, 557, 685, 694,700, 714, 743.

Special, 463,654,675,689.
Delegate to Provisional Congreas, 11,14.

Creek Nntlon,
Treaty with Cotifcderate States, 664,634.
:renshaw, Miles K., G25.
l'rlugnn, Jolm U., 440, 624.
Irlsler, Nelson W., 625.
Mttendeu, George 8., 343, 473,811,844, 849.
:rittoudeu, Wllllam H., ,283.
kltteudaii Uesolutlons, 23.
:rocker, \T. A., 608.
:rock&, J. W., 5.39.
kockett, Joseph, 739.
:rocLett, a. P., 625.
komwell, BonJamln M., 739.
kopper, T. T., 450.
Cross, A. H., 836, 843.
Uross, J. Luclus, 424.
Uross, Joseph, 608.
Cross, W. B., 440, 624.
:rossland, Edanrd, 500.
:roueli, Walter T., 623.
Crowcll, h'nthnniel S., 423, 495, 7%.
l'ruger, Lewls, 205.
kumlcy, Rev., 757.
h m l e y , Willtam N., 608.
:rump, Browdle S., 439, 524.
;rump, James N., 626.
:rump, M. II., 440, 624.
:rump, It. P., 170,836, 837, 841, 842,850.
:rump, Ilichurd, 525.
:rump, Wllllam, 840.
:ruse, Noses, 626.
:riitchfield, E. M., 517.
:ull~ertson, Jacob, 706.
:umberlaud Biver.
Defense of, 565, 587, 606, 621.
hmmlng, Alfred, 155,435,499.
:ummlug, J. B., 499.
:ummlng, W. A,, 517.
>Ilmmin(;R, John C., 738.
:ummlngs, R. C., &GO., 309,362.
hmmins, Edmund H., 810, 818.
:unnln~liam,A. S., 424, 614,705.
:nnnlngltam, Andrea, Jr., 540.
:unningliam, E., 706.
:unnlngliam, Q. W., 625.
:unninghsm, QeorgeA., 423, GOO.
:onningliam, Barley C., 439,524.
:a~ln$ham,J. J.3 539.

hMlnghi+m,w. &*, 6%

942

INDEX.

GurrIn, David 31. (Tennessee).

Bills, resolutions, etc., introduced b>', 371, 39%
488,509, 627, 533,547,714,735.

Committees:
Commercial Affairs, 514.
Inauguration, 765.
Naval Affairs, 556.
Special, 463, 660.
Delegate to Provisional Congress, 357.
Petitions, papers, ctc., presented by, 566,665,768.
Yea and nay votes, 359,380,383,386-388,391,393,
396,399-401,404,405,412,415,416, 420,421,427,
441,443,445,446,451,452,454,455,458,460,463,
478,479,483-486,493,494,612,513,620,521,5?8,
529,531,534,546,646,554,566,5.58,559,5F2,5G3,
575-577,581,5S2, 584,589,694,597-,599, F33, GG6,
673-676,680, 685,686,G95,708,'i30, 733,734,740,
741,747-750, 752, 755,756,759,762,763,7GGiiO,
772, 773,780, 781, 784-7S8, '790, i91,793,'i94,i96,
797, 799-801,808,809,811,812,819-824,829-831,

833-835, R49.

Cirrry,..Jrltez 1,. M. (Alabama).

Bills, resolutions, eto., introduced by, 19, 37, 46,
59,87,109, 111,117, 144,146,118,186, 200, 209,
212, 216, 254, 300, 357, 377, 379, 433, 460, 463,
475, 488. 555, 557, 559, 563, G56, 662, 790, 793,
865, 870, 872, 876, 886, 887.

Committees:
Commercial Affairs, 44,106.
Flag and Seal, 718.
Postal Affairs, 44, 361, 460,464.
Rules, 16, 460.
Special, 19, 31, 463, 560, 639, 689.
Delegate to Prox4sional Congress, 21, 13.
Petitions, papers, etc., presented by, 86, 93, 94,
97, 100, 2M, 491, 544.
Yea and nay votes, 91,92, 98,106,121,122,131,137,
141,181,205,209,211-213,216,219,220,2~2,226,
227,242,243,254-257,285,305,322,328-330,332,
535,536,338,342,344,346,359,361-366,380,385388,397-405,412,415,416,4184"1,427,411,412,
445,448,450,452,434,455,468,460,462,458,479,
483-485,493,49'1,.512,513,619521,528,530, S31,
534,545,646,552-555,.557-559,661-563,573,639,
641,842, 651,652, 857,666, 608,660,FT3-575,677,
679,681, 883-688, 695,707,708,7:0, ill,i30,732734, 73G,740,741, 746-749,751,552,754,755, i59,
762,763, 7G6-7~i8,~70,772,780,78~1-787,789,790,
792, 70~1,798-802,606-813,819-8?5,825,829,830,
833-836,849, 861,871-673,878,880,881,683-885,
890-891,896, 921.
Curry, S. P., W26.
Custer, Janics W., 440.

Custom-Houses.
Appropriation, New Orlcans and Charleston,
147, 151.

Sbationery, 217, 302, 318.

Customs Duties.
Abolished for a limited time, 743, 793, 820, 821.
Additional ad valorem, 293, 294, 314.
Collection, 443, 822, 828, 829.
Collectors of United States service retained, 45,
52, 53, 65.
Exemptions, 46,59,60,63,64,66,78,81,88,118,121,
123,145,148,151,169,187,229,239,243,251,371,
429.
Fixed on certain articles, 148,149, 151, 245,250,
263.

:ustonis Duties-Continued.
Foreign impoIls, 97,120,131,171,231-236,242,2F3,
310, 313, 371, 372.
Pay of collcetors, 368.
Rates, 210.
Repeal of certain laws, 146, 1li, G51, 489, 51i.
Revenue collected since July I, 1861, F43, 665,
672.
Suspension of, 277, 290, 291.
Treaty stipulations, 214, 225, 249, 253.
Sec also Impovf.

:utshaw, I!'. E., 82

hiyler, R. DI., 423.
labney, Chiswcll, 649.
hbuey. 8:. II., 4 5 627.
hbuey, Frederick T., 811.
lade, I,. b., 811.

?ale, S. N., 516.

hlillam, Herbert R., $40.
Ialton, Hamiltou ii., 158.
laltou, Samuel W., 736.
lance, P. S., 739.
Ianey, Bobert F., 425.
Iandrldge, P. P., 425.
Daniel, H. B., 440, 625.
Daniel, J. IY., 514.
Daniel, John X., 278,281.
Dauiel, R. T., 517.
Daniel, William A., 439.
Dauiel, William K., 539.
Dargaa, Edward, 425.
Darroh, J. F., 738.
Dashicll, Rev., 713.
Dasliiell, George, 626.
Davenport, H. NeCall, @25,626.
Davenport, .James, 625.
[bares, Gralram, 516.
Uavldson, A. T . (North Carolina).
Bills, resolutions, etc., introduced by, 351, 599,
719.

Delcgste to I'rovisional Congress, 271.

Petitions, papers, etc., presented by, 699, 713.
Yea and nay votes, 285,308,323,328-330,332,335,
33B,342,345,347,359,364-3G6,478,479,485-485,
493,494,512,513,519-521,528,529,531,615,526,
553,554,556,558,559,662,563,5i6-577,581,58'2,
584,589,594,597-599,633,695,707,708,710, ill,
730,733, 734,737, 740,741,747,549,750,752,755,
759,762, iG3, 76F-770, 772-774,780, 781,784-788,
590,791, 793, 794, 796, 797, 799,806813,819-825,
82!X331,833-836,849.
Davidson, I?. B., 496.
Davidsou, Hunter, 297.
Davidsou, J., 626.
Davtdsou, It. O., 206, 210.
Davidson, ltobrrt H. H., 268.
DaTles, W. U., 738.
Davis, Mr., 144.
Davis, A., 524.
Davis, Alfred W. Q., 624.

Davis, 1). W., 526.

Davis, George (North Carolina).
Bills, resolutions, etc., introduced by, 288,305,
320, 333,351,354,373,392,418,574,709,731,733,
803.

INDEX.
Davis, George-Continned.
Commissioner from North Cwolina to Peace
Convention, 23.
Committee, Special, 307, ( i ~ .
Delegate to Provisional Congress, 271.
Petitions, papers, etc., presented by, 288, 323,
406, 476, 508, 533, 565.
Pea. and nay votes, 285,323,328-330,332,335,336,
339,342,345,347,359,364466, 380,383,385-388,
391, 393,395,397,398,400-4Oj,409, 412,415417,
41941,427,441,443,445,449,451,454,4%, 478,
479,483-485,493,494,513,528,529,531,546,546,
553,554,5%,559,569,563,573,576,577,581,582,
584,589,594,597,598, 655, 657, G58,666, 668,673675,677, 679-GSl,G83-086,695, 707, 70s 710,711,
730,733,734,537,740, 741,747-750,752, 755,759,
762,7G3,766-770,7i2-774,780, 781, 784-788,790,
791, 79:3,794,796,797,799-802,806,80&813,819825,8294331,634, S35.
Davis, J. C., 47,171.
Davis, 3. 1. 788.
David, .J. Lucias, 436,506,
Davis, Janies C., 525.
Davis, James Rl., 516.

Davis, JtrRersou.
Approvals, 69, 72,79,82,88, 93,94, 96, 97, 103, 107,
110,114,116,1171,126, 130,141, I<&,145,151,152,
181,183,188,197,201,209-211, 220, 223,241-243,
256, 2GO,2G3,264,281,293,294,30i,309,312,313,
315,319, 325,327,312,347,363, 370, 377,384,390,
396, 402,446, 4cF>1,453, 457,4F2,463,4(iG,4 i 5 , -186,
508,521,630,532,535, 5j4, 559,56I,5il, ,576,685,
587, 689,590,593,599, GO6, 613, F20,6?1,629, 636,
F 3 , 652, 63F, 657, 670,675,678,680, 6 3 , 691,693,
695, 698, 715,730,736,756,759,764,784,813,818,
830-833, S48.
Anthorit,y i n regard to appointments, 143. l,W152, 229, 241.
Command of the Army in person, 2M), 210.
Inauzural address, 64-66; ceremonies, 53,62,6S.
Messages to Congress, 88,142,160-169,1%3, 190,
197,20F, 272-275,300,309,313,454,466,468-472,
479, 486,522, 53G, 560,5GG,586,699.
Nominations. See Nomominations and Confirma-

tions.
OEcers to aid in signing commissions, 530, 535.
President of Provisional Government:
Elected, 40.
Election approved by States, 45,77,123.173.
Inaugurated (February 18, 1R61), 63.
Private secretary for, 68, 69,253, 258, 263.
Residence provided for, 74,82.
Vetoes, 95, 2$2, 261, 390, 569, 696, 697, 744, 758.
Davls, Joseph It., 464.
Uavis, B. L., 440, 624.
Davis, liltthew L., 424.
Davis, N. A., 609.
Davls, Xcholas (Alabama).
Committees:
Pay aud Mileage, 188.
Public Lands, 169.
Special, 27G.
Territories, 169.
Delegate to Provisional CongreSd, 159.
Leave of absence, 236,314.
Military appointment, 703.
Yea and nay votes, 181,195,203,211-218,2~6,219,
220,483,545,555.

Davis, Samuel B., 840,841,843,850.

Davis, Skoltou C., GSS, 690.
Davis, W. B., 626
Davis, W. 6. M., 499,889.
Davis, William, 608.
Davis, William C., 368, 372.
Dawsou, J. W., 525.
0
Dawsou, James, 704.
Dawson, Lnelcn Le Compte, 266.
Dawson, It. It., 6 16, 659.
Das, Addlson C., 840.
Dayle, Walter J., 526.
Dcane, J. G., 626.
Dearlng, James, 425, 826.
Deas, George, 154.
Deai, lVilllaiu A., 425, 827.
DCa6, Z. C., 498.
Debray, X. B., 604.
De Bree, John, 299.
Debts.
Payment to United States citizens, 206, 256, 258,
263, 280, 295, 431.

Deceafied Soldiers.
Pay and allowances due, 475,486,490, 603,825,
W!G, 852.

De Clouet, Aleinndcr (Lomsiana).

Amendments offered,39,887.
Committees:
Accouul, 45,130, 197, 382, 430,401,651,679,820.
Conimercinl Affaiis, 4 I, 107, 130.
Constitution (Peimancnt),4.
Inauguration, 54.
Delegate to Provisional Congress, 11,14.
Petitions, papers, etc., presontcd by, 66.
Yeaand nayvotes, 78,91,92,98,I06,721,122,1&,
181,196,203,209,212,213,219-T12, 210, 2.12, 243,
2%. %7,308,322,328-330,339,535, 336, 342, 347,
359,364-366, 380,383,385-:1311, 391, 39:?,395, 397,
398,400-405,409,412,415, 416, 419-421, 427, 441,
442,445,449,450,452, 4,%, 455, 458,460, 4C2, 48%
483,494,512,513,519-521,828,529,531, 535, 545,
MG, 55!!-554,55G-,559,561-5G3, 573, 5734577, 881,
582,584,588,397,698,695,707,708,710,711, 730,
732-734,i37,740,741,746-750,752,754, 755, 759,
76,3,7BG-570,772-774,780,784,796, 797, 8oF,808811,813,819-824,829,831,833,849,861, 868,871873, 878, 860,881, 883-886, 690-894, 896, 924.
Dr GraRcmird, larsh:ill, 761.
Do lIugiiel, Julius A., 423.
De Lalglc, L., 440, 624.

Dolnrrare.
Recrtiiting stations, 377, 402, 411-413, 451.
Uelaivtirc Troops.
Commissions for officers, J15, 316, 527.
Do Leotr, Datld C., 122, 495, 568, 844, M9.
DenulB, George E., 439, 624.
Dennle, John J., 510.
Do Beigue, Ch.irles, 440, 625.
Derrick, Clnreure, 423, 828, 842.
D0 buss^, L. O., 439, 624.
Do Saalles, A. H., 811.
Do Saussure, W. D., 423.
Dcsha, F. IV., 816.
Deslliclds, n. C., 625.
Dcshler, James, 423.
Deslonde, Edmond A., 440, 624.
Dr Vllbess, John W., 608.
Devine, T. J., 267.

944

INDEX.

De Votie, J. H., 609.

Dewey, E. C., 283.
Dewey, Oliver S., 349, 625.
De Witt, W. F., 739.
De Witt, \V. 1%. (Tennessee).
Bills, resolutions, etc., introduced by, 488,490,
.533,614, 615,621,709,774,775,786,801.
Committees:
Printing, 544.
Territories, 544.
Delegate to Provisional COiIgreSS, 857.
Petitions, papers, ete., presented by, 717.
Yea and nay votes, 359,365,366,380,383,386-388,
391, 393,395,398-402,404,405,409,412,415-417,
419-421, 427, 441,443,445,44fi,4c51,452,454,455,
458, 460, 463,478,479,48348G,493,494,512,513,
519-521, 528, 529, ,531,534,545,546, 558,554,556,
558,559, 562, ,563,573,57&577,581,582,584,589,
,597-599, 604, 607,615,617-619,621,622,627,633,
6.52, 655-657, 6G6, 668,673-675,677,679-681, 683686, 695, 707,708, 710, 711, 730,737, 740, 741, i d i 750,752, 555, 756,759, i63,566-550, 573,774, ?SO,
7&788,790,791, 793,794,796,795,799-80'L,810,
811.
De Pampert, T. J. L., 739.
Dibrell, Montgomery C., 626.
Dickens, J o h n Hemphill, 424,827.
Dickey, O., 443.
Dickinsoii, Charles S., 278, 396.
Dickson, C. B., 283.
Dickson, Daniel, 283.
Dickson, Thomas H., 517.
Digest O f Laws.
Statutes of the United States, 124,130,215,217,
221,252-254,258,259,263.
Dillard, F. W., 440,625.
Dlllingham, Ueorge W., M6.
Dilllngham, John P., 625.
Dillon, Edward, 706.
Dlmmock, Charles, 328.
Dlmmock, CharIes W., 811.
Dlnsmore, D. L., 321.
Disbursing Omcers.
Relief for, 779.
Diwharges and Furloughs.
Invalid soldiers, 487,519,520,569,570,628,678,Gig.
District Attorneys.
Fees, 141, 145, 151.
Relief for those i n t h e field, 261, 264.
Divine, John F., 626.
Divine, K. C., 739.
Ulxon, Joseph, 705.
Diron, Josoph K., 156.
Dinon, Robert E., 17.
Doak, lVillInm R., 632.
Dobbin, James C., 671.
Dodds, Francis W., 540.
Dodge, Revenue Cutter, 358.
Doherty, P. X., 440, 625.
Dolbear, Rufus, 515.
Doll, Penfield, 456, 608.
Donelson, D. S., 517.
Donelson, Daniel S., 307.
Donelsoii, Samuel, 817.
Donnell, W. C., 525.
Dornln, Thomas L., 712.
Dorsey, Edward R., 4336, 503.
Dorsey, Owen, 540.

Dortelr, \\'illlam T., 23.

Doss, 11. P:mker, 626.
Doiiglas, If. T., 811.
Douglass, C. S., 704.
Douglass, Xareellus, 703.
D o i d , W. C., 525.
Dowling, A. X., 123.
Downer, W. S., 425, G i l .
Downing, Lewis, 608.
Dozier, lYilliam Q., 158.
Drane, M. 1.,439,525.
Drayton, J. Edward, 515.

'
I

Drayton, T. F., 453.

Drillmasters.
Appointment, 461.
Discharge, 42i,428,455, 462.
Drunkenness in the Army.
Supprcssion, 456, 643, G65.
Du Barry, Fraukliu B., 423, 828, 843.
Du Bose, Dudley X., 424, TOG, 840, 841, 813.
Dubrae, JI., 819.
Dudley, 0. L., G26.
Dune, 8 . x., 626.
DufBeld, C. B., 816.
Dulus, James A., 16.
Duly, F. JI., 626.
Duke, Thomas L., 608.
Duncan, Rev., 289.
Duncan, Blauton, 540.
Duncan, C. A., 510.
Duncan, Johnson B., 155, 649.
Duncan, \Yilliam E., 6'26.
Dunlap, Bryant U., 6'26.
Duulap, \V. W a t k h s , 6 i l .
Dunlnvy, Joliii H., $25.
Uunn, Bndreiv, 625.
I p n , B. S., 609.
Dunu, George B. R., 626.
Dunri, Isaac B., 439, F24.
Dunii, James, 738.
Duunavaut, I.W., 278.
Dunuiugton, John W., 266.
Diinovaut, John, 155.
Dunwoody, 3. B., GOB.
Dupuy, Jules, 70.1.
Durfce, C., 439.
Duties. See Ct~stonisDuties.
Dural, H. S., 425, 827.
Dyer, I!'. E., 624.
Eager, \Viiiiaui H., 283.
Eagleton, George E., 817.
Eames, James L., 816.
Exrip, Johrr, 321, 329, 407, 426, 441, 761, 771.
E a r l r , J u b a l A., 307.
Early, S. K., 515.
Eelrols, J. H., 440, 625.
Eclrols, R. Q.,440, 625.
Eehols, William H., 155.
Ector, Waltoii, 703.
Edgerton & Richards, 281.
Edmondson, 1'. X., 507.
Edmondson, R. W., 341.
Edmuiids, W. K., 539.
Edmunds, William B., 525.
Edwards. See Sands & Edwards,54.
Edwards, A. F., 525.
Edwards, Qeorge R., 608.
Edwards, John F., 704.

INDEX.
Edwards, J o h n B., 439,525.
Edwards, 0. W., 671.
Edwards, Stephen, 510.
Edwards, W. T., 840.
Eggleston, John R., 158.
Election Returns.
CUStOdY Of, 620, 636.
Payment of carriers, 556,579,585, s o , 593.
Elections.
Time for, 186,246.
Elford, T. J., 439,524.
Elhsrt, A., 648.
Ellason, Filllam A., 704.
Ellett, Henry T.
Postmaster-General, 85.
Elliott, J. M. (Kentucky).
Delegate to Provisional Congress, 672.
Yea and nay votes, 673-675,695,737,740,741,747749, 752, 754, 755,766-770,772,780,784-787,796,

797,799-801,806,807,813,819-823,829.
Elliott, Robert, 515.
Elliott, 8. C., 439, 524.
Ellis, J o h n W., 284.
Ellls, Powhatan, jr., 840.
Ellis, Towson, 424, 70G.
Elllson, Thomas, 300, 362.
Elmore, Edward C.
Tressurer of the Confederate States, 112.
EItener, W. H., 526.
Ely, Robert N., 440,624.
Elzey, Arnold, 307,423.
Emack, George H., 827.
Embry, BenJamin T., 839.
Enders, P. M., 7.84, 362.
Engineer Corps.
Increase of, 557, 621, 636.
Pay of officers, 99.
EngIe, E. I. L., 440, 624.
Engle, J. J., 608.
Epps, Richard, 626.
Ervin, James S., 817.
Erwin, Robert, 625.

Estas, B. H., 694, 729.

Estas, If., 7%.
Estes, Ludwell H., 283.
Estill, Auston, 526.
Eubank, J o h n L., 189,192.
Eubank, Robert W., 516.
European Powers.
Commissioners to, 46,49, 51, 89, 93, 114, 115, 314,
375, 377, 447, 471.

Evans, A. E., 515.

Evans, J. J., 517.
Evans, Nathan Q.
Appointments, 423,474,496,568, 590.
Mentioned, 635, 650, 656.
Thanks of Congress, 580, 583, 585.
Evans, Robert B . , 739.
Evans, William E., 158.
Evarts, J. W., 539.
Everett, W. J., 816.
ENart, David E., 788.
Ewell, Richard S., 307, GOO, 686, 706.
Ewing, Albert U., 525.
Ewing, Q. W. (Kentucky).
Delegate to Provisional Congress, 818.
Yea and nay votes, 819-824,829, 831.

J-VOL

1-04---60

Esall, Henry, 847.

Eseentlve Departments.
299, 302, 312, 315,318,981,410,446,547,650,606,

.-670,6%,691,69!2,698,699,7l.5,757,779,818,833,
S48.
Establishment, 64,66,70.
Exportatlon.
Restrictions upon, 250, 251,%4,282,288,291,~0~,
3@&308,309,313,389,390,428,476.
Express Companies.
Action concerning, 303,333,
Fahs, Charles F., 712.
Fain, R. U., 524.
Fairhs, Areliibald B., 298.
Fairfas, Reginald, 296.
Faisen, Paul F., 423,828,843.
Fallin, Johu H., 648.
Fancher, Elchard, 648.
Fare, J. L., 525.
Farish, J. X . , 608.
Farley, Charles H.,4%.
Farley, Frnncls F., 664.
Fnrley, H. L., 156.
Farley, J. C., 739.
Farrand, Ebenezer, 156.
Farrar, F. H., Jr., 838.
Farrar, aeorge D., BP6.
Farrell, John, 6%.
Fasting and Prayer.

Appointment of day, 218.

Faulkner, Charles J., 471.
Faulkner, Sanford C., 343.
Fauntleroy, A. H., 495,738.
Fauntleroy, Charles M., 296.
Fanntleroy, Thomas K., 425,827.
Fauntleroy, Thomas T., 301.
Fayette, Wllllani TV., 704.
Fayssous, T. S., 626.
Fearlng, Isalnh, 626.
Fearn, Thomas (Alabama).
Committees:
Public Lands, 44.
Special, 64,60.
Territories, 44.
Delegate to Provisional Congress, 13, 31.
Petitions, papers, etc., presented by, 64,7l.
Resignation, 159.
Resolution offered by, 41.
Yea and nay votes, 78,91,92,98,106,121,122,125,
131, 141, 861, 868,872,873,878,880,881,884,885,
890-894,8!%, 924.

Featherstone, Q. W., 648.

Feeling, John, 609.
Fees.
Attorneys, 141,145,151,566,605.
Clerks and marshals, 290,410,5?.3,666,605,826.
Fendall, James R. Y., 297,818.
Fergnson, J. B., Jr., 439,624.
Fergnsou, Rebecca C., 100.
Ferguson, S. W., 424,496.
Ferguson, W. W., 811.
Ficklen, J. B. ,738.
Fieklin, B. F., 436.
Field, Charlas w., 423,496.
Field, Jame8,439,525.
Fife, John A., 648.

946

INDEX.

Foreman, Thomns 1.-Continued.

Yea and nay votes, 3?2, %28-330,332,3:35,336,312,
344, 346, 359, 364-366,380,383,3S5,386,388,391,
393, 395, 397,398,400405,409,412,415417,419421, 427, 441, 4M,415,450,452,454,455,?5R.402,
478, 479, 483-185, 512,513,520,521,5528,$29,531,
534, 545, 546, 552-554,556-559,561-5633,575,576,
681, 682,584,666, 668,669,675,677, 679-681, F83686, 695, 707, 708,710,711,730,732-734,737,i40,
741, 746-749, 752, 754,759,762,763,766-770, 7i2,
773,780, 784-790,792,794,796,797,799-802,806813,8194325,829,830,833-835,843.
Formento, Felix, 738.
Forney, John H., 155, 434, 497.
Forney, W. H., 702.
Forrest, Dulaney A., 770.
Forrest, French, 297.
Forsberg, Augustus, 706:
Forsyth, Charles A., 424, 826.
ForsFt.h, John.
Commissioner to the United States, 86, 207.
Forsyth, Robert C., 525,815.
Forts, Arsenals, Xavy-Yards, ete.
Cession to Confederate States, 142, 144, 145, 151,
260, 264.
Occupation by Confederate States, 47, 48, 51.
Sce also specific names.
Fort Smith, Ark., 260, 264.
Foster, Thad., jr., 626.
Foulkcs, Jepths, 355,372.
Fowler, John D., 536.
Fob, George, 80.
Fob, Peter, 516, 568.
France.
Negotiations with, 46, 49, 447.
Francis, Tliomas W., 439, 524.
Frnzer, John It'. ,155, 433, 497.
Freeman, Edward T., 4%.
Freeman, Roliert J., 394, 407.
Freeman, Thomas 11'. (Jlissoiiri).
Committee on Postal Affairs, 544.
Delegate to Provisional Congress, 523.
Yea a n d nay votes, 528,529,531,534,545,646,553,
556,558,559,562,563,575, .576,R84, 589, 697, 598,
604,607,615,617-619,630,641, A45, 646, 651, 658,
666,668,669,673-675,679,680,GS6, 695, 707, 708,
710,711,730,740,741,747,752, 755, 763, 767-770,
772,773,780,781,784,785,793,794, 797, 806,805
811,813,819-825,829,830,833435.
Freeman, Tirginius, 299.
Frhmaux, Leon J., 810, 818.
FrBmont, John C., 481.
French, S. B., 433, 524.
French, Samuel U., 155,474.
Frensley, J. L., 648.
Frfend, Nathaniel, 738.
Frobel, Bnshrod W., 286.
813,819-821,824,829,831.
Frost, F. L., 738.
Ford, Theoaosius Bartow, 266.
Frost, George H., 155.
Foreign Coins.
Fry, B. D., 646,669.
Regulation of, 127,130,145, 378, 396, 337,402.
Fry, F. T., 738.
Foreman, Thomas M. (Georgia).
Fry, H. W., jr., 436,506.
Bills, resolutions, etc., introduced by, 377, 388, Fry, Joseph, 157.
428, 459,552, 564,565,795.
Fuller, Richard, 238.
Committee on Inauguration, 765.
Funda.
Delegate to Provisional Congress, 321.
Accepted from State of Louisiana, 123,143.
Petitions, papers, etc., presented by, 368,532,735.
Transfer of, to foreign parts, 473,475,477.

Finances.
Report of Secretary of Treasury, 210.
Financial and Commercial Independence. see
committee on Commercial, etc.
Fhegan, Joseph, 703.
Flnlej, Jesse J., 153.
Finiey, Samuel, 283.
Flnney, N. S., 706.
Flnney, B. H., 515.
Flnney, W. IT., 436,506.
Flnnie, John U., 440,624,816.
Flser, John C., 516.
Fisher, T. F., 439,624.
Flsher, T. H., 739.
Flske, James E., 7l2.
FlCgerald, Fredk., 608.
FtCgerald, William B., 296.
Fitzhugh, H. W., 626.
Fitzhugh, B. H., 810,818.
Flag and Seal. See Committee on,etC.
Fleming, 1.N., 739.
Fleming, N. K., 440.
Fleming, W. J., 623.
Fletcher, C. D., 738.
Flewellen, Edwd. A., 738.
Fllnn, William, 467, 574, 609.
Floatlng Defenses.
Appropriations, 638,645, 651, 661,675.
Florida.
Coast defense, 407, 410.
Delegates to Provisional Congress, 11, 13, 14, 22,
757.
Legislative proceedings, 77, 113, 147, 672, 716.
Marine hospitals, light-houses, ctc., 118.
Reimbursement, 377,427, 448, 449, 463.
Secession, 7, 8, 13, 14, 22, 115, 204.
Flowerree, C., 516.
Flowers, J. W., 608.
Floyd, Charles, 625.
Floyd, John B., 307, 650.
Floyd, W. IT., 625.
Foard, Andrew J., 423,495, 738.
Fogg, c;. M., jr., 625.
Fogg, H. JI. H., 515.
Fontalne, Charles D., 632,658.
Pontaine, E., 586.
Footo, Henry S., jr., 425, 827.
Forbes, H. W., 625.
Force, Charles F., 701.
Ford, Robert S., 539.
Ford, S. H. (Kentucky).
Committee on Inauguration, 765.
Delegate to Provisional Congress, 638.
Ye& and nay votes, 639, 641, 645, 646, 652, 655,
657, 668, 673-675, 681,683-686,695,707. il0,711,
741, 746-749, 752, 754,755,759,766,767,769,770,
772, 785, 78&790,796,799,806,807,809,810,812,

947

INDEX.
Punkhouser, 31. P., 626.
Funsten, Oliver K., 437, 507.
Furlowhs. See Bounty, etc.; and Discharges, etc.
Gaehe, 1,. Hypolite, 608.
GaAdin, Thomas, 739.
Gaenslen, John J., 423, 495,738.
Gagn6, Joseph, 626.
Gailor, F. X., 626.
*
Gaither, William k., 539.
Galbraith, John A., 648.
Gallaway, nr. c., 283.

Galloway, Michael H., 608.

Galt, Francis L., 266.
Galt, 0. A. D., 739.
Galt, J. Allen, 601.
Galt, James D., 738.
Galt, John N., 154.
Gamble, Carey B., 738.
Gamble, Lewis X., 426.
Gamble, Itobert, jr., 182,249.
Garber, A. RI., 648.
Garden, 11. D., 424, 827.
Gardner, I+'. ,515.
Gardner, Franklin, 155.
Gardner, J:rmes, 517.
Bsrdner, J,. M., 623.
Uardner, Solomon, 525.
Bardner, William M., 424, 435, 474.
Garey, Jolin E., 440, 624.
Garland, AuguStu8 H. (Arkansas).
Bills, resolutions, etc., introduced hy, 280,285,
321, 510, 544, 557, 597, 729, 757*765.
Conmi ttees:
Commercial and Financial Independence, 334.
Inauguration, 792.
Judiciary, 560,564.
Public Lands, 244.
Special, 276,560,639.
Delegate t o Provisional Congress, 244.
Petitions, papers, etc., presented by, 718.
Yea and nay votes, 247,254-257,286,308,322,328330, 332,335,336,342,344,359, 364-366, 380,383,
385-3-388,393,395,397,398,400-405,445, 449,450,
458, 460, 483, 519,520,528,531,634,545,546,552554,556-559,561-563,573,575-577,581,582,584,
688,593,597-599,604,607,615, 617,621,622,627,
633,.639, 641, 642, W, 646,651,652,655,657, 695,
l o t , t10,711,730,732-734,737, 740, 741,746-749,
C

751, 752, 754, 755,759,762,763,7F6-770,772, 7i3,

780,7&5-787,792,794,79E-W2, W6-811,813,820823,829,830,833-835,849.
Ckarland, R. X., 505,627.
Garland, Samuel J., 517.
Garnaway, James k., 526.

Garner, Ueorse G., 424, 514, 868,706.

Garner, Joseph T., 647.
Garnett, A. S., 816.
Garnett, A. P. P., 28.1, 360.
Garnett, Algernon S., 298.
Garnett, James Il., 827.
Garnett, John J., 423, 828, S42.
Garnett, Richard B., 464, 474.
Garnett, Itolxrt S . . 307,424.
Garrison, George G., 705.
Garrott, 1. W., 498.
Gaskins, Jnmes H., 738.
GastQn, J. XCF., 738.
Gates, W. W., 694, 729.

Gatlin, RSehard C., 343,461.

Gayer, William J., 515.
Gayle, Blatt., 671.
Gayle, Hichtud H., 440,624.
Geddings, Ell, 738.
George, E., 53.
Beorge, Moses B., 648.
George, 'IY. C., 6%.
Georgia.
Delegates to Provisional Congrea, 11, 14, 321,
664.

Legislative proceedings, 659.

Secession, i ,10,123.
Ueorgia Baptist Convention.
Resolutions, 171.
Georgia Troops.
Infantry-Eegiments: 1st Regulars, 843; Sd, 333,
361.

Uericke, N. A., 142.

Getty, G. Thomas, 424, 705.
Gibbes, R. H., 298.
Uibbes, Wade If., 423,705.
Gibbon, J. S., 540.
Qlbbon, Lardner, 423.
Gibbon, Nicholas, 626.
Gibboney, Willlam, 626.
Gibbons, Isrml, 626.
Uibbs, George C., 424.
Gibson, A. N., 526.
Gibson, John A., 816.
Glbson, William E., 426.
Giddens, W. W., 625.
Gilbert, J. C., 639.
Giles, James, M)6.
Gill, William a., 165.
Billesple, George L., 425. j
Uilliam, James S., 739.
Qilmcr, Jeremy F., 496.
GIlmer, John, 439.
Uiltner, H. L., 640.
Girardeau, J. A., 517.
Glrardey, J. B., 515.
Givens, James E., 625.
Glackmeyer, F., 684,690,696,819, 830, 832.
Gladden, A. H., 473.
Glaize, John, 625.
Glass, James B., 283.
Glass, P. T., 524.
Glass, R. N., 456.
Glassell, William T., 266.
Glover, James, 439, 624.
Glover, Sanders, 439, 625.
Godbold, C. X., 209.
Godfrey, 3. A., 608.
Rodwin, A. C., 706.
Golladay, E. J., 505.
Gonzales, Ambroslo J., 422.
Gonzales, Samuel Z., 266.
Goodall, David L., 632.
Goode, E. B., 425,827.
Uoodman, .James, 440, 626.
Goodman, Walter, 440,624.
Goodwin, C. L., 83.6.
Uoodwin, John, 439,624.
Gordon, Wm. F., Jr., 688,690.
Goree, Thomas J., 649.
Gorgas, Josiah, 194,423.
Gott, Lewls E., 739.

948

INDEX.

Gregory, J. L., 640.

Bovan, Daniel C., 646, 659, 682,693, 717.
Bregory, W. B., 738.
BOTS~,
William H., 439,624,704.
Uresham, James F., 704.
Qovernmentof the Confederate States.
Qribble, Jas. S., 525.
support of, 74, 77, 81, 87, 88, 90-92, 95.
Qrice, Beorge W., 440,624.
BracIe, A., jr., 434,497.
Qrafton, Joseph D., 298.
Brier, W. C., 625.
Brimn, Beorge Q., 739.
Brshsm, B. B., 332,337.
Graham, Charles M., 425, SOO.
Qrlmn, James B., 343:
B r i a n , John W., 605.
Brahsm, John IV., 615.
Brimth, John S., 604.
Qrall, J. F., 738.
Branbery, J. C., 608.
Grimth, Biohard, 474.
Grimth, Richard C., 424, 826.
Brandin, J. X., 608.
Qrandy, Cyrus W., 625.
Urlmball, John, 712.
Brant, &bed, 827.
Griswold, Elias, 626.
Brattan, Charles, 688.
Groee, F. L., 625.
Braves, Charles J., 712.
Broner, 1'. D., 156.
Braves, B. B., 283.
Groves, J. J., 639.
Groves, William F., 466.
Braves, B. W., 738.
Braves, B. E., 517.
Guerln, H. C., 439, 524,816.
Bray, A. B., 424.
Guild, James, 739.
Guild, Joseph C., 283.
Bray, E. F., 504.
Bray, H. V., 739.
Build, Lafayette, 422, 495.
Bray, H. Y., 245,343,362,728.
Gnilford, E. J., 626.
Bray, W. G., 608.
Gnlrot, A. J., 123,127.
Bray, W. iU., 440.
Gunboats.
Brayson, A. F., 517.
Appropriations for, 578, 606, 621.
Qrayaon,JohnB., Brig. &n., 343.
Purchase or construction, 132,141,151, 371, 390,
Brayson, John B., Quurtemnaster,440,625.
407, 410,446, 665, 578,587, 606,620, 6'29.
Brayson, Thomas T., 424,826.
Gurley, D. R., 517.
Qreat Britain.
Uurley, H. H., 362.
Negotiations with, 46,49,47.
Guthrie, John, 340, 371.
Qreen, A. M., 626.
Guthrie, John J., 296.
Breen, B. H., 524.
Guthrie, Josephus, 6%.
Green, Bennett W.,298.
Uuy, W. W., 623.
Qreen, Daniel S., 297.
Uwathmey, Washington, 265.
&een, F. W., 623.
Uwynn, Thomas P., 636.
Ween, J. E., 816.
Aabeas Corpus, W r i t of, 660.
Qreen, J. J., 626.
Habersham, R. W.,200.
Green, J. M., 738.
Eabersham, S. E., 738.
Green, J. S., 440,625.
Aackett, James W., 439,525.
Breen, James W.,525.
Aaden, John M., 422,495.
Green, John J., 639.
Eagan, James, w2.
Qreen, Thomas, 603.
Eagerty, W. O., 623.
Breen 8k Allen, 637.
Eagood, Johnson, 426,827.
Qreene, Israel, 297, 349,407.
Eaile, Calhonn, 616.
Breenhow, J. W. B., 548,407.
Eaines, Lieut., 100.
Greenlaw, E. O., 616.
Kaines, William F., 440,624.
Greensborowrd Danville Railrosd. See Richmond Hairston, J. T. W., 166,828,843.
and Dan&, etc.
Kale, A. P., 626.
Breer, E., Ml3.
Kale, F. L., 626.
Bregg, John (Texas).
Hale, J. Hamilton, 694,729.
Bills, resolutions, etc., introduced by, 208,209, Kale, Joshua, 626.
306,401,403,859,862,866,888.
Kale, S. P., 448,457.
Committees:
Hale, Stephen F. (Alabma)
Accounts, 106.
Bills, resolntions, etc., introduced by, 33,35,38,
Claims, 197, 268,301, 362, 381,443.
72,75,76,91,100,131,134,149,154,198,251,261,
Military Affairs, 110,214,236,413.
628,641,650,731,732,736,&b, 863,867,881,882,
Delegate to Provisional Congress, 54,172.
887.
Yea and nag votes,%, 106,122,125,181,i96,203, Committees:
209,212,213,217,221,222,226,227,240,212,W ,
Indian Affairs, 45.
25447,286, s
O
8
w
, 328330,332,342,345,359,
Judiciary, '444,221,246,251,260,486,626,672,
364,380,583,386-888,891,393.399-402,404,406,
714,716,728, 729, 743, 744, 763, 836, 848.
409,4129 415-417,41941,427,443,445,446,449,
Military Affairs, 493,611, 621, 627, 625, 681, 632,
461,454,466,861,869,871-873,878,W,
881,88%
636,61@,691,696,706,715-718,728,731,741,753,
886,891494,896,924,
760,779,820,841,897,814,848,850.
Bregg, Maxey, 603.
Special, 19,81.
Bregorie, J. W., 811.
Delegate to ProvisionalCongress, ii,i3.

949

INDEX.
Hale, Stephen F.-Continued.
Military appointments, 434, 440, 497,524.
Petition% papers, ere., presented by, 56, 73,86,
596.

Harman, A. W., 624.

Harman, John A., 440.624.
Harman,

a. u., 439,624.

Harney, Henry, 526.

Yea and nay votes, 78,91,92,98,106,121, I%, 125, Harper, A. El., 516.
131,141,181,195,203,209,211-213,216, 219, n0, Harper, Henry L., 625.
2% 240,242,243,254457,478,479, 483-485,493,
494,512,513,519421,584,588,593,597499, W,
615,617-619,621,622J 62i, 630,633, 639, 641,642,
645, 651, 652,655,657,673475,679,681,683-686,
695,707, 708,710,711,730, 732434,736, 740,741,
746-749,751, 752,754,759,762, 763, 7&770,772,
773,780, 784-787, 789, 790, 792,796-802,806-813,
820-825,829,830, fB3-835, 849, 861, 868,871-873,
878,880,881,883-885,891-894,896,924.

Holey, A. G., 601.

Hall, George A., 500.
Hall, Henry T., 439, 624.
Hall, J. E., 739.
Hall, J. W., 739.
Hall, Wllbnrn B., 712.
Hall, Wllliam C., 515.
Hall, Willis, 648.
Haller, R. J., 440, 625
Haillburton, John G., 268.
Hnllonqnist, dames H., 155.
Hahe), J. J., 526.
Haljburton, James D., 268.
Hamilton, A. M., 608.
Hamilton, Daniel H., 185, 603
Hamilton, James, Lieut ,156.
Hamilton, James, Quartermaster,623.
Hamilton, John R., 157.
Hamilton, Jones S., 440.
Hamllton, H . P., 626.
Hamilton, Thomas D., 440,625.
Hamlln, Hannlbal, 8.
Hamlin, P. S., 640.
Hammond, Harvey, 526.
Hammond, P. L., 438.
Hamner, W. W., 739.
Hampton, Wade, 437,639.
Hampton, Ta.
Payment for property destroyed at, 665,743.
Hanekel, M. S., 626.
Haneock, Henry P., 394,433.
Hancoek, Wllllani U., 739.
Handy, T. K., 525.
Hanks, James A. K., 440, 625.
Hanmer, John A., 648.
Hannah, W. S., 626.
Hanbell, Angnstob H., 56.
Hanson, B. W., 437,W.
Hardcastle, A. B., 502.
Hardee, W. H., 373.
Itardee, Wllliam J., 114,307,473.
Hardee's Infantry Tactlcs, 194.
Hardeman, W. D., 626.
Harden, Edward J., 337,489.
Harden, James A., 648.
Hardle, Robert, 648.
Hardln, Atklnson T., 332, 337.
Harding, Charles A.. 626.
Hardwlck, F. BE., 440.
Hardy, C. W., 440, 626.
Haray, Engene, 704.
Hardy, W. T., 440, 624.
Hargis, B. B. S., 739.

Harper, James M., 525.

Harper, B. T., 811.

Harper, Bobert W., 815.
Harrfs, D. B., 811, 818.
Harris, Edwln H., 439,624.
Harrls, Bannlbal, 440, 624.
Harrls, J. J., 648.
Harris, J. P., 648.
Harris, John W., 702.
Harris, B. S., 6%.
Harris, Thomas A. (Missouri).
Bills, resolutions, etc., introduced by, 655, 630,
641, 645,655,661.
Committee on Military Affairs, 544,683.
Delegate to Provisional Congress, 527.
Yea and nayvotes, 528,529,531,534,546,553,554,
$56,658,559, 562, 665,576,584,597-599, 630,633,
641,642,645,646,651,652,655,657,666, 668, 669,
67W375,679-681,683-685,695,707,710, 711, 732734,737,740,741,747,752,755,759. 763, 766-770,
773,774,781,797,799-801,812,813,820-825, 829831,895.
Harrls, W. A., 425, 817.
Harris, \V. H., 425, 827.
Harris, W. S., 626
Harris, Wlley P. (Mississippi).
Bills, resolutions, etc., introduced by, 35 8, 41,
45, 70,76,91,94, 97,177,184,195,199, 2#, 226,
228,255,282,289,293,318,322,489,493.562,876,
632,638,64:, 644,659,690,736,736,765,776,783,
789, 794,802404,858, 859, 883.
Committees:
Commercial and Financial Independence,
334.
Constitution (Permanent), 42.
Constitution (Provisional), %.
Judiciary, 44, 221,246, 301,302,337, 362,546,579,
598,602,603.
Military Affairs, 493, 511, 530, 644, 741.
Public lands, 44.
Special, 25, 40,43,289, 670, %9.
Delegate to Provisional Congress, 11,15.
Petitions, papers, etc., preaented by, 193, 277,
316, 367.
Yea and iiag votes, 78, 91,92,98,106,121,122,181,
195,203, 209, 211-213,217,219-222,226, 227,240,
242,243,247,255-257,285,308, 322,328-330, 332,
335, 336,339, 342,345,347,359,364-344380,383,
895,397,398,400,402,478,459,484,485, 493, 494,
512,513,519,520,528,529,531,534,545, 546, 55%
554, 556,561-563, 673,575-577,581,682,584,589,
594,597-599,604,607,617,618,621,622,627,630,
633,639, 641, 645,646,651,652,655,657,658,666,
673-675,677,679-681,683-686,695, 707, 710,711,
730, 732-734,737, 740,741,746,747,749,760,754,
755,759, 762,763,7&770,772-774,780,781,784789, 791, 794, 796, 797,799,801,802,806,809-813.
861,868,871,878,880,881,883-886,890-8%,896,
924.

Harrls, Wlllfsm Lanier, 153, 204.

Harrls, Wllllam S., 115, 118,204.
88rr160I1, B. H., 626.

INDEX.

950

Harrison, Benjamln J., 526.

Hnrrlson, ffeorge T., 739.
Harrison, ffeorce W., 296.
Harrison, James E., 'Jo.
HarriSOn, Janies F., 298.
Harrison, James T. (Mississippi).
Amendments offered, 33,83.
Committees:
Flag and Seal, 40, 42.
Inauguration, 765, 792.
Postal Affairs, 44.
Printing, 45, 629.
Rules, 16.
Special, 276, 654.
Delcgatc to Provisional Congress, 11, 15.
Petitions, papers, eto., presented by, 123, 758.
Yea and nay votes, 78,91,92,98,106, 121, lE,l%,

131,132,137,141,181, 195, 203,209,211-213,217,

219-222,226,227,240, 142,243,247, 254-257, 285,
308,322,328-330, 332,335,336,339,342, 345, 347,
359,364-366, 380, 353,385588,391,393,395,397,
398,400-405, 409, 4M, 415417,419421,427,441,
442,445,449,450,452,454,455, 458,460, 463, 4%
479,483-485, 493, 494, 512,613,519-521,528,529,
531,534,545,546,553,554, 556-559, 561-563, 573,
575-577, 581, 582, 584,594,597-599,604,607,61.5,
617-619,621,622,627,630,633,639,641,642, 645,
646, 651, 652, 655, 657,658,666,668,669,673475.
677,679-681,683-686,695,707,708,710,
711,'BO,
732-734, 737, 740, 741,746-750,752,554,755,769,
762,763, 766-770,712-774, 780, 781, 784-791, 793,
794,796,795,799-802,806813,861,868, 871-87'3,
8%, 880,881,883-886,890-894,896,924.
Harrlson, Samuel H., 440.
Harrlson. Thomas, Cudet, 425.
Harrlson, Thomas, 8th Tez Cuw., 815.
Harrlson, Thomas L., 71'2.
Harrison, Thompson, 440,624.
Harrison, V. W., 739.
Harrison, IV. B,, 540.
Harrison, IVllllam H., Collector, 349.
Harrlson, IVlllIam H., Qtsarterniaster, 440, 625.
Harrison, William M., 704.
Harrold, J. A., 608.
Hart, C. S., 440,624.
Hartlcy, A. a., 628,843.
Hartman, H. T., 378.
Hnrtmus, Tliomns H., 52.5.
Hnrtsteiie, Henry J., 1%.
Harvey, Reuben F., 646, &59, 682, 693,,717.
Hnrvle, EdNh J., 155.
Harvie, John B., 624, 811.
Harvie, Lewis E., 189,191.
Harvlo, W. O . , 526.
Harwood, Janies R., 792, 817.
Haskell, Alexauder C., 617,705.
Haskell, Alosander JI., 424,505, 706, 817.
Haskell, John C., 648.
Haskell, Lnngdon C., 705
Hnskinsl, Thomas P., 626.
Hatchett, A., 170.
Hatteras, Fort, N. C., 456, 461.
Hawes, James M., 437,496.
Hawcs, R. R., 499.
Hawes, Rlchard, 624.
Hawken, A. Xllton, 439, 524.
Hawklns, D. B., 816.
Hawlilns, Thomas, 516.

Hawkins, Thomas T., 649.

Kawkins, W. J., 626.
Hawkins, Willis d., 837.
Hawks, \YIlli$m J., 524.
Hamtliorn, A. J., 648.
Hawthorn, Frank, 739.
Hay, William, 738.
Haymond, Alpheus F., 623, 628, 631, 632.
Bayiit?, Theodore U., 1.56.
Haynes, J. N., 626.
Haynes, IV. H., 524.
Hays, Andrew J., 266.
Iiays, Charles W., 266.
Ilitys, Samuel K., 440, G24.
Hays, Samuel #I., 440.
Hays, Thomas H., 647.
Haywood, Duncan C., 42-1, 527.
Ilealy, Daniel C., 358.
Heard, Rev., 68, 113.
lieard, Thomas It., 440, 624.
Hearsep, H. J., 6%.
Heath, Jessee H., 626.
Heath, John F., 439, 525.
Heath, Roscoe U., 515.
Hebb, George V., 439.
HQhert, Y. O., 363, 366.
Hcggie, E. A., 626.
Helm, Ben. Hardin, 600, 647.
Helm, Charles J . , 672.
Helvenston, Alexander H., 502.
Henipltfll, Jnnies, 643.
Hemplilll, John (Texas).
Bills, resolutions, etc., introduced by, 134, 1%5,
140, 141, 169, 152,197,206,216,217,226,230,231,
240,241,251,25G,261,255,286,302, 312, 320, 325,
341, 345, 387, 389,404,414,426,430,433,445,453,
457,477,478,511,522, .580,594.

Committees:
Commercialand Finrtncial Independence, 334.
Finance, 151, 152, 200, 443.
Judiciary, 141.
Special, 254, 466.
Death, 635-640,643, 644, 658.
Delegate to Provisional Congress, 123.
Judicial appointments, 153, 204.
Mentioned, 106.
Petitions, papers, etc., presented by, 172.
Yea and nay votes, 106,125,131,132,137,141,181,
195, 203, 209, 212,213,217,219-222,226,240,242,
243,254-'257,285,308,323,328-330, 332, 335, 336,
339, 342, 345, 359,3644366,380,383,386-388,391,
393,395,398-402,404,405,409,412,415-417, 419421, 441, 443, 445,446,449,451,452,454,455.459,
460,463,478,419,483-486,493,494, 512,513, 519..
521, 525, 529, 631,534,545,54F, 553,573,576,5ii,
581,58!2,531,594,597-599,604,607, 615, 617, 616,
621,622,627,633,896,924.
Hempsteacl, Beall, 517.
Hempstead, Snmuel H., 491, 535.
Henderson, Rev., 149, 307.
Henderson, C. C., 506.
Henderson, 8. W., 439,525.
Henderson, James L., 298.
Henaerson, Hkhard H., 266.
Henderson, Robert, 525.
Hendris, William, 816.
Hendry, John M., 608.
Henkle, M. %. ,525.

INDEX.
j-lenley, ~t., 526.
I!rnning-sen, C . F . , 507.
Henry, Ciistnvus d., 224.
Henry, (:mtarus b., jr., 425, 515,827.
Henry, J. I,., 517.
Henry, illathis W., 828, 843.
Henry, Samuel, 434,837.
Henry, Samuel H., ?25.
Ifensliarv, Ferrell, 526.
Henshaw, Ferrie, 169.
Henshaw, J o h n H., 626.
Herbert,, H. I i . , 525.
Herbert, W. W., 526.
Herbert, Waters W., 424, 706.
Herbst, Francis, 811.
Heritdon, James C., 600, 738.
Herron, J. S., i39.
Herron, James L., 627.
Iferty, J a m e s W., 791, 850.
IIessee, Julius, 624.
Heth, Henrx, 424, 436, 506, 649.
Heth, Stockton, 817.
Heustis, James F., 738.
Hewltt, Fayette, 649.
H m i t t , .James W., 438, 500.
Hefward, Joseph, 516.
Hibble, J o h n L., 6%.
Hickman, William H., 440, 625.
Hicks, Charles C., 440.
BIcks, William, 608.
Hleks, Wllliam A., 712.
Hltleii, J. C., 608.
Hlrglns, Edward, 815.
1111, Dr., 295.
Hill, Rev., 213.
Hill, B. J., 505.
Hill, Ilen@min H. (Georgia).
Bills, resolutions, etc., introduced by, 32, 37,55,
99,117,208,226,280, 317, 336, 339, 353, 485,522,
523,653,556,783,786,859-861, 863, 876, 881, 882,
887.

Committccs:
Claims, 197, 779, 793.
Commercial a n d Financial Independence, 334.
Patents, 44.
Postal Affairs, 44.
Special, 25, 31.
Delegate to Provisional Congress, 11, 14.
Petitions, paprrs, etc., presented by, 86, 93, 94,
101. 304, 333, 508.

Yen and n a p votes, 51,92,98,106,121,122,181, 195,

203,209,211-213,217,219,220, 222,226, 227,240,
242,243,285,308,322,328-330, 332, 335,336,342,
346,359,364-366,380,478, 479,483-485,493,494,
512,513,519421,528,529, 531, 534, 645,552-54,
557-5.59, 561-563,695,707,708,710, 711, 730, 732734, 540,746-749,752,759, 573, 774, 784-788, 792,
794,796, 797,799-802,806,810-813, 820,823,829,
830,833-835,849,861,868, 871-873,878,880,881,
883-885,890-894, 896, 924.

Hill, C. S., 671.

Hill,
Hill,
Hill,
Hill,
Hill,
Hill,
Hill,

Charles D., 625.

Clement D., 624.
D. P., 196.
Daniel Harvey, 307.
E. Pinkney, 816.
Edward C., 817.
G . H., 423, 705.

951

Hill, Henry, 704.

Hill, J. B., 625.
Hill, J. H., 424.
11111, J. W. D., 738.
Hill, Jacob I., 6'26.
Hill, James H., 1st L ~ c c ~
705.
.,
11111, James Il., Ma$, 514.
Hill, Joseph It., 738.
Hill, 5. S., 625.
Hill, Hiehrrd J., 626.
HI11, Robert C., 321, 333, 423, 705.
Hill, W. E., 425, 827.
Hill, '(YilllaniPlnkney, 204, 533.
Hilllard, Henry W., 224,229.
Hilllard, Loeius, 439, 525.
Hillyer, 6. N., 524.
Hindman, T. C., 434,473.
Hines, E. C., 617.
Hines, J. S., 625.
Hiiikle, David W., 626.
Hinrichs, Oscar, 811.Hinsdale, John W., 515.
Hirwh, Hernianil, 625.
Hockenhull, John, 439, 524.
Hodge, George B. (Kentucky).
Committee, Special, 654, 656.
Delegate to Provisional Congresb, 653.
Military appointment, 515.
Yea and nay votes, 663, 653.
HOdgeS, Fleming, 623.
HOdgeS, Frederick B., 439.
Hodnett, W. T., 625.
Hoge, Francis L., 712.
Hoge, John B., 625.
Hoge, BIoses, 276, 303, 318, 413, 472, 474,476,483,
487, 491, 508, 610, 518, 520, 522, 527, 530, 549,
556, 564, 569, 687, 693, G98, GO8, 611, 629, G3,5,
637, 638, G40, 642, 649, 683, 669, GG4, 672, 878,
682, 687, G89, 743, 792, 844.
I I O ~ C , r. B., 625.
Hogg, J. L., 814.

Hoguc, E., 608.

Hoke, \Wliain J., 282.
Noleombe, James P., 189,191.
Holden, Joseph W., 817.
Holland, A. J., 540.
Hollnnd, D. P., 77, 785, 268, 840.
Hollnnd, J. C., 526.
Holliday, Henry B., 625.
Hollidny, R. &., 440, 624.
Hollins, George h'., 297.
Hollowmy, John D., 440.
Holman, Daniel W., 631.
Holman, James II., 424, 631, 706.
Holmes, George, 297.
Holnies, James U., 3%.
H o l n m , Tiieoplillus H., 307, 424, 473.
Halt, Balling H., 703.
Halt, George W., 156.
Halt, JosephH., 626.
Halt, S. A., 739.
Halt, IV. J., 739.
Holtzclaw, J. T., 837.
Homesteads, 534,535.
Hone, Wllllam, 626.
Hood, D. H., 440,624.
Hood, John B., 424, 496,504.
Hoot, J. G. P.y 539.

INDEX.

visional Congress, 16, 277, 746,

illism De B., 156.

Hornsby, B. H., 539.

Horses.
Payment for, 341,373,384,487,492,509,548,695.
Horton, Phineas, 525.
Hospitals.

Chaplains, 556.
Condition and management, 276,307, 319, 461,
462.

Director-Qeneral, 305.
Laundresses, 5'29, 532.
Marine, at Natchez, 368.
Movable, 348,429.
Support of, 334, 337, 361, 375, 384.
Surgeons for, 344,347.
Hoanshell, David S., 436,507.
House, John F. (Tennessee).
Bills, resolutions, etc., introduced by, 409, 492,
665, 572, 578, 687, 653, 664,660, 796.
Committees:
Finance, 644.
Special, 651,678, 765.
Delegate to Provisional Congress, 337.
Petitions, papers, etc., presented by, 476.
Ye& and nay votes, '339,342,345,347, 359,361-366,
380,383,386-388,391,393,39S,398-400, 4G2, 404,
405, 409,412,416-417,419-421,427,441,443, 445,
446,452,464,458,460,163,478,479,483-486, 493,
494,612,513,519-521, S28,534,645,646,553, 554,
656,658,559,562,563,573,575-577,581,58",569,
597-599,'607,617-619,621,622,627,633.651,
655657,666,668,673-675,677,679-681,683, 684, 686,
696,707,708,710,711,730,733, 734,740,741, 747,
748,750,75!!, 755,759,763,768,769,773,774, 784,

787,788,793,791,793,794,796,797,799-802,806810, 812, 814.

Houston, James, 440, 625.

Houston, W. A,, 525.

Houston, Tex.
Port of entry, 218,246.
Howard, Conway R., 811.
Howard, E. Lloyd, 738.
Howard, James, 423, 705.
Howard, Marion, 738.
Howard, &. A., 438.
Howard, Thomas c., Mjt., 617.
Howard, Thomas C., Postmaster, 283.
Howell, Becket K., 266.
Howell, R. B. C., 238.
Howell, W., 626.
Howell, Willlam, 283.
Howell, William B., 394, 4137.
Howell, WIlliam F., 154.
Hoxton, Llewellyn GI., 424,706.

Hoyle, E. W., 517.

Hoyle, James If., 73'3.
Hubbard, David, 24, 32, 152.
Hubert, D., 609.
Huddleston, J . P. S., 608.
Hudglngs, L., 623.
Hndglns, Albert 6., i12.
Hudson, Charles C., 509.
h e y , James 4. I'., 100.
Huff,1'. C., 626.
linger, Alfred, 283.
Huger, Benjamlu, 307, 4 2 .
Huger, BenJamin, jr., 424, 6.1'3, 706.
Huger, Daniel E., 343.
Huger, Frank, 826.
Huger, Thomas B., 157.
Hughes, A. A., 439, 525.
Hughes, H. Sidney, 439, 521.
Hughes, John Wesley, 565.
Hull, Edward IY., 817.
Iiull, T. H., 625.
Hunie, Thomas, 704.
Hunie, Thomas, Jr., 608.
Humphreys, Benjamin ( i . . 814.
Humphreys, F. C., 4 5 , 671.
Humphreys, Joshua, 842.
Humphreys, 'IY. D., 156.
Humphreys, West H., 283.
Hungerford, P. C., 526.
Jlnnsleker, Henry, 263.
Hunt, Edward F., 839.
Hunt, Thomas W., 1%;.
Hunt, William R., 624.
Hunter, B. K.,489,605,709.
flunter, J., jr., 672.
IIunter, It. A., 176, 208.
Hunter, Hobert 11. T. (Virginia).
Bills, resolutions, etc., introduced by, 294, 341.
Committee on Finance, 205.
Delegate to Provisional Congress, 192, 205.
Petitions, papers, etc., presented by, 206.
Secretary. of State, 282,482,4S3.
Yea and nay votes, 209,219,213,217,219-222,226,
227,240,242,243,247,254-257,335,336,342,345,
347,359,365,386,387,389,391,409,412,416,417,
445,454,459,460,463,483,485,487,584,589,618,
655,656,666,673-675, 711,733,731,747-750,755,
756, 759,764,766-768,794,806,809,821,822,849.
Hunter, Robert W., 517, 688.

Hunter, Tallafcrro, 648.

Hunter, Thomas T., 299.
Hunter<Wlllialu W., 298.
Ruse, Caleb, 423.
Huston, H. H., 510.
Hutcherson, R. A., 704.
Hntchlugs, J. W., 738.
Hntchlns, Wfley N., 17,281.
Hutchison, Thomas B., 840.
Hutter, Ed. EL, 600.
Antter, F. C., 625.

Hute, J. E., 93.

Hyams, Isaac, 424, 826.
Nyde, J. P., 608.
Hyde, T. V., 625.
Hyman, John D., 517,525.
Hynes, Andrew R., 501.
I'hson, W. H., 624.

INDEX.
Imports.
Articles permitted, 200.
Collection of duty, 443,822,828,829.
Direct from foreign countries, 709.
Duty free, 187,229,243,743,793,820,82i.
Prohibited from the United States, 205,323,432
678,806-808.

Revenue from, 643,665,672.

Impressments.
Aothority and limitation, 761.
Indlan Affairs, Bureau of.
Appropriation, 151,152.
Commisioner, 154.
Establishment, 142,147,151.
Transfer, 489.
Indian Territories.
Courts, judicial, 621,743,744,824,825,832.
Indian Tribes. .
Arkansas and Red Rivcr Superintendency, 640,
672,743.

Communications concerning, 80,90,193.

Expenses of officers on duty with, 245, 250,
263.

In charge of War Department, 69.

hegotiations with, 70, 81.
Pensions, 597.
Prisoners in custody for violation of United
States laws,290, 295.
Protection of, 225. 244, 263.
Special agent to tribes west of Arkansas, 105.
Texas Indians, 205.
Trade and intercourse, 640, 672, 743.
Treaties with, 427, 564, 565, 590-596, 601, 602, 609611, 632-635.
Indlan Troops.
Payment, 544, 620, 621, 636.
lndlan Trust Funds.
Provisicns regarding, 640,650, 656.
Transfer, 743, 760, 764.
Ingate, Fred., 625.
Inge, W. M., 517.
Ingraliam, Duncan S., 156,260.
Ingraham, Edward, 424, 496.
Ingruham, H. Laurens, 266, 706, 818.
Ingraham, John E., 712.
Inscribed Stock.
Authorized in the stead of coupon bonds, 390,
396,402.

Intemperance In the Army.

Suppression, 476,643,665.
Intercourse. See Trade and Entercourse.
International Copyrights, 113,114.
lrby, Thomas E., 434, 497.
Irwin, Wllliam H., 440, 624.
Isaaes, Jacob, 456.
Isbell, Thomas M., 688.
Israel, J. iif., 626.
Iverson, Alfred, jr., 155.
Ires, J. C., 496.
Ivy, Edward, 815.
Jackson, A. E., 624.
Jackson, Alexander El., 514, 568.
Jackson, Andrew, jr., 424, 496.
Jackson, C. L., 425,827.

Jackson, Cislborne F., 369,480-482.

Jwkwn, George, 424,496.

.Jackson, Henry, 425.
Jackson, Henry R.
Appointments, 153, 307.
Mentioned, 329, 650.
Jackson, John K., 671.
Jackson, T. J., 307,473.
.Jackson, T. R., 524.
Jackson, Thomns A., 299.
Jackson, Thomas K., 424,437,464.
Jackson, I~llliamH., 828, 843.
James, George S., 165.
Jameson, IVllliam, 626.
Janncy, John, 189,192.
daqness, John A., 838.
Jarnghan, R. M., 525.
Jaj UC, W. M., 626.
Jefferson, J. It., 267.
.Jefferson, Thomas, 163.
Jeffery, Blohard W., 771.
Jeminon, J. M., 625.
Jenifer, James C., 623.
denlfcr, Walter H., 423, W7, GOO.
Jonklns, Albert GI., 507.
Jenklns, B. W., 539.
Jenkins, George, 516.
Jenkins, Wnrren Lyttloton, 540.
Jennings, J. M., 608.
Jenningq, N. It., 840,841.
dprnlgan, W. II., 626
detor, Henry M., 48, 283.
Johns, Edward W., 422, 495.
Johns, John, Bzkhop, 543, 560, 582, 707.
Johns, John, I,ieiit., 424, 706.
Johns, Rensey, 410, 62.5.
Johnson, B. It., 701, 702.
Johnson, Bradley T., 436, 503.
Johnson, Charles F., 515.

Johnson, Edward.
Appointments, 435,499,609, 627.
Mentioned, 665.
Thanks of Congress, 644, 649, 651, 632.
Johnson, George W., 540,541,543.
Johnson, J. A., 440, 624.
Johnson, J. L., 608.
Johnson, James, 627.
Johnson, James B., 498, 717.
Johnson, James F., 688.
Johnson, Jameh T . , 738.
Johnson, John D., 626.
Johnson, John M., 540.
Johnson, .Joseph, 425.
Johnson, Richard, 608.
Johnson, Wobert W. (Arkansas).
Bills, rcsolutions, etc., introduced by, 299, 304,
334, 357, 368, 369, 374, 399, 416, 480, 529,632,
565, 591,592,595, GO], 602,607,609-611,613,818,
621, 632-635, 650,699, 743,847.

Committees.
Indian Affairs, 244, 683, 590, 601, 609, 634, 635,
650, 760, 835.

Military Affairs, 314,315,324, 360, 368, 369, 374.

Special, 271, 381, 689, 831.
Delegate to Provisional Congress, 244.
petitions, papers, etc., presented by, 729.

964

INDEX.

Johnson, Robert IVY.-Continued.

yea and nay votes, 245,283, 308,322, 328-330, 332,
%,33F, 338,359,364466, 380, 383,385, Wb, 3%
397, 398,400,401,409, 415-418,427,441, 444 lJa,
449,452,454, 455,460,462,478,479,4834% 493,
494,512, 513,519-621,52ti, 531,531,545,216,5Y25jq,556-559,561-563,573,577,584, 588,293,5Yi599, 617-619, 621,622,627, 633,641, b42, G51 652,
655,657,668,673,674,69,i,707,708,710,711,7~7,
741,747,743,751, 752%759,773,780,784-790,794,
806, 80&811,8:3,819-825,829,
830,833-83~,8@.
Johnson, Theoclore, 438,524.

Johnbon, Thomas (Kentucky).

Committee on hlilitaiy Alfairs, 621.
Delegate to Provisional Congress, 582.
Yea and nay votes, 584,588, 597-599,604,617-619,
621, 622., 633,695,707,708,710, 711,730, 737, i 4 0 ,
741, 746-749,752,754,755, 769,766-770,772 574,

780, 792, 812, 813, 819, 820,829, 833.

Johnson, V. Q., 516.
Johnson, IY. J., 526.
Johnson, I\. R., 6%.

Johnson, Wilbur F., 297.

Johnson, Willinm, 282.
Johnson, Wllllrm W., 516
Johnston, A. H., 524
Johnston, Albert S., 464
Johnston, Alfred, 647
Johnston, Egbert B., 738.
Johnston, George, 648.
Johnston, ffeorge D., 703.
Johnston, J. A., 624.
Johnston, James A., 526.
Johnston, James D., 265.
Johnqton, James F., 439, 625.
Johnston, John, 299.
Johnston, Joseph E.
Appointments, 223, 464.
Mentioned, 640, 645, 654.
Thanks of Congress, 316, 320, 325.
Johuston, Leroy F., 439, 624.
Johnston, Oscar F., 297.
Johnston, Robert (Virginia).
Bills. resolutions, etc., introduced by, 344-346,
351,409,603,699,732,798.

Committee, Special, 583.

Delegate to Provisional Congress, 251.
Military appointments, 413, 1Y6.
Petitions, papers, etc., presented by, 338.
Yea and nay votes, 285, 329, 330,332,830,336,339,
345,347,359, 365, 366, 383,386,391,393.396,398,
400,401,403,409, 416, 417,419421,427,441,443,
449,454,456,459,463,478,479,483,512,513,521,
525,529,531, 545, Ed6, 552,558,559,562,563,576,
677,584, 585, 589, 597-599,604,607,617-619,630,
633,641, 655,666, GF8, 669,673-675,683,685,708,
711,730,733, 737, 740, i41,717-750,732, 755, 756,
759, 762-764, 772-774, 7S0,781,790,7Yl, 793,794,
796,797,799, 806-809. 813,821-824,829-831,833,
834,849.
Jolinston, Robert d., 438,m.
.)ohn8ton, Theodore, 440, 624.
Johnston, Wlllism, 539.
Johnston, Wflliam Preston, 437, 500.
Jones, Alexander, 738.
.Jones, Alexander C., 439, 524

Jones, B. F., Xi-.,

146.
JOlIeS, B. F., Asst. Adjt. Gen., 343.

Iones, B.

P., Quartermnster, 625.

loncs, Catesbr ap It., 296.

lones, Diirid It., 154, 307.
lolres, F. n., 343.
[ones, F. I . , 624, 568.
lones, Frank F., 827.
lones, 6. L., 738.

maps,

a. rr.,

440, G2.i.

rones, 8oorgo W., 439, 624.

Iones, 11. C. (hI:rbtt~oa).
Bills, rebolutionu, etc., introclnced b ~333,
, 339,

56:.

Commitlecs:
Claims, 19i.
Iiidian Xfiairs, 169.
Patents, 1F9.
Pay and hliledgc, 382.

Delegate to Provisional Congress, 1.59.

219,220, 222, 2?6,297,210,213,254-?67,308, 322,
328-330, 332, 3S, 336,338.342, S44,346,3.39,361RFG, 380, 363, 383-388,391,393.30.>, 397,398,101405,409, 412, 415,416,41S-~21,427,411, 112, 445,
448,430, 451, 4%%,458,460,4
493,404, 512, 613,519-521,s
R16,5.5-555, 557459, 561-5
668, MI,673-675,fi77, 679,681, 683-688, 695,708,

lones, J. Yembroke, 266.

Iones, J . William, 608.
lones, Jesse S., 840.
lones, John A., 3i1,372.
[ones, John JI., 424, 514, 568.
Iones, John S., 440.
lones, John T., 739.
[ones, Joscph P., 155.
lanes, R. T., 431, 837.
lones, 11. W., 501.
Iones, S. A., 524.
lones, Saniuel.
Appointments, 307, 423.
hientiwed, 277, 301, 382.
lones, T. XI., 510.
Iones, T. S., 648.
lones, Tlieophilus A., 439.
lones, Thomas 11. (renne.see).
Rills, resolutions, ete., introduced by, 511, 522,
328, 552, 580, 663.

Committees:
Delegate to Provisional Congress, 337.
Petitions, papers, etc., presented by, 358, 654,
i43, 758.

Yea and nayrotes, 339, 342, 345,546,359,364466,

380, 383, 386-388, 393, 396,398401,401,405,409,
412,415-417,419-421,441,41Y, 445, 446, 451, 431,
454, 455, 458, 460, 463,4i8,179,483-186,493,494,
512,513,519321,528,529,531, 534, 345, 646, 533,
554, 556, 5jS, 559, 562,563,575-577,581,58& 584,
652, 055658, 666, 668, 673-675,657,679-681,683686, 695,707, 708, 710,711,530,733,734,737,740,
741, 747,749,750,752,755,756,759,763,766,768770, 772, 774,780, 784-788,790,791,793,798,797,
799-802, 806812,814.

956

INDEX.
Thomas >I., 27tB X.ss., 423, 647.
1:. It., 738.
W. E., 608.
IF'. C . JI., 608.
Jones, W. >I., 625,
Jones,
Jones,
Jones,
Jones,

Jones, Walter, 424,524.

Jones, Warner T., 688.

.Jones, Wesley, 283.
dones, Wlliam U:, 705.
.Jones, 3YillIam U., 153.
Jones, William R., 425, 671, 828, 842.
Jordan, Benjamln J., 338, i i 9 .
.Jordan, Charles E., 268.
Jordan, D i l l O U , 684, 690, 696, 819, 830, 632.
Jordan, E. C., 626.
Jord:in, Frailcis 1.. 515.
Jordan, 3. Ii., 81i.
Jordan, T. Il., 608.
.Jordan, Thomas, 424.
Jordan, Tlioiiias E., 283.
Josselyn, Robert.
Private secretarr to the President, G9, 72, 79, 82,
88,94,126, 143,145, 132; 197, 201, 206, 209, 245,
256, 2150, 2G3,2G4, 272,281,293-205, 299,307,309,
312,315, 319, 325,327,342,347, 363, 370, 3 7 , 384,
390, 396, 402,446, 451,453,455,46",463,4(i6,468,
473,477,4i8,465-468,5U8-510, 519, 521, 327, 530,
532, 535, 2 4 , 554, 559,561,566,567,571,576,583,
585, .&37,589,590,593,59?,599, 604, G06, 60i, 613,
620,621, 629, G30, 636, 640,644,651,652, 655, G5i,
670,676, S i 8 , 660, FS3,683, 691, 693, 696, 698, F99,
i01, i 0 8 , 710, 715, 730, 736,73i,742,544,7.56,757,
iS9,764, iF5, iS3,;86,796,813,818, 830-633,8-18.
.Journal of the Coiireiition of Deputies.
Ordered, 9b.
Text of, 831-896.
Journals of C'ougrens, 22,32,56,64,779,833,88 I,848.
Jofee, W. G . , 648.
Joyner, 3. P!,, 608.
Judge, Jfxrgnret. T., 488.
Judge, Thomas J . , 434, 497.
Judiclury. See Comntittee on the Judiciary; and
Courts; etc.
Jurors.
In criminal cases, 454, 455, 492, 71 1.
Node of selecting, 804.
Justice, Department, of.
Attorneys-General (Benjamin),86: (Bragg),474.
Charge of docume-it? of I'rorisional Congress,
$46.

Clerical force, 111,312, 315. 699, 715, 833, 848.

Establishment and organization, GF, 68, 7".
xominations and confirmations, 85,153,185,194
201, 267-269, 283,303,3!?8,329, 337,340,371,474,
491, 53,519,5GO,664,693,694,729.
Kaiser, Josriih, 611.
Kean, R. H. If., 648.
Kearny, Williani, 706.
Kearsley, George IT. T., 439,5!!4.
Keblinger, Willlani I.,283.
Keeble, James X., 424, 827.
Keene, 31. H., 623.
Keep, H. T., i17.
Keith, Jolui A., 826.

Keith, Jos. L., 5%.

Keith, W1llls W., 739.

Keltt, Lawrence 1
. (South Carolina).
Bills, resolutions, etc., introduced by, 206,220,
244,288,302,343,365, SGl, 864,882,888.
Committees:
Foreign Affairs, 44, 376.
Indian Affairs, 45, 2%.
Rules, 16.
Special, 25,307.
Delegate to Provisional Congress, i1,15.
Petitions, papers, etc., presented by, 200.
Yea and nay votes, 78,91,92,98,104 121,122, 125,
181,195,203,209,211-213,217,219-222, 226,2!27,
240,242,243,285,308,328, 329,332, 335. 336, 339,
342, 345, 347,364-366,380,573, 575-577, SG1,868,
8il-873,878,880,881,883,886,891-894,896,92.l.
Kelburn, J. 8 . 440, 624.
Kell, Jolin JIcI., 167.
Kellofis, 1%.C., 439.
Kelly, Henry B., 424.
Kelly, Heiiry J., G25.
Kelly, John B., 738.
Kelly, Jolin H., 155.
Kelly, \Villiaiii W. J., 157.
Kemblo, W. E., 739.
Beiian, dugust,ns 11. (Georgia).
Bills, resolutions, ete., introduced by, 4G, 195,

293, 312, 321, 489.

Committees:
Engrossment, 45, 741.
Inauguration, 54.
AIilitary Affairs, 44, 252 SOG, S S , 321, 529, 650,
680, 687.

Special, c39.
Delegate to Provisional Congrcsrt, 11,14.
Ten and nay votes, 78,'J1,92,98,106,203,209,211213,217,219-2%2.226,22i, 240,24'2,243, 247, 254-

257, 285, 308, 322,3%6-330.332

4'J3,494,519-521,628,529,531,
561-563, 575-577, 661, 582,58 1
732-734,737,740,74lj74(i-74O,752, 7.54, 789, 7B2,
763, 76G-770, 780, 785-788,702,79.1, 796, 806-813,
819-6!%, 8'29,830,849,861,924.
Kenedy, IF'. L., 608.
lieiiiiarrd, dames L., lt5L
Kennard, doe1 S., 266.
Kennedy. A. ,I., 525.

Kennedy, Clisrlofi H., 298.

Kennedy, Flirts IF'., G25.
Kennedy, J. 1%.G., 501.
Kennedy, John S . , 438,524.
Kennedy, 3osep11, 524.
Kennor, Dilncaii F. (Louisiana).
Bills, resoli~tions,etc., introduced by, 19, 20, 35,
53, 92, 105,122,126,226, 2i7, 280, 2112, 290, 331,
371, 373, 386, XIS, 414, 418,476, 508, 557,567,
571, 576, 708, 807, 847, 865, 874,889.
Committees:
Constitution (Provisiund), 22.
Finance, 44, 102, 200,443, 647,566, 570, 571,680.
Inauguralion, 766.
Patents, 44.
Special, 6GO.
Delegate to Provisional Congrem;,11,14.
Petitiona, papers, ctc., presented by, 287.

INDEX.

enner, Duncan F.-Continued.

yea and nay votes, 75, 91, 92, 98, 106, 121, 122,
181, 195,203,209,211-213%
219-222,226, 227,240,
242,243,254-257,285, 308. 322,328330,332,335,
342,347, 359,364-366,380,383,W388,391,393,
395, 397,395,400-405,409,412,419-421,427, 441,
442, 445,449,450, 452,451,455,458,460,462, 478,
479, 483-485,493,494,512,51!?-521,528,529,531,
534,545,546,652-554,556-j59,561-563,573,575677,581,582,584,695,707,708,710,711,730, 732734, 740, 741,746, 747, 749,750,752,754,753,759,
762, 763,766-768,770-774,780,7$5-788,794, 806,
808$12,819-823,825,529,531,833,561,868,871873,875,880,851,&33-556,890-894,596,924.
Kennon, Beverly, 297.
Kentucky.
Admission to the Confederacy, 536,646,547,549,
551,740,743.
Ald for, 449,453-455,467,462,678,714,?30.
Delegates to Provisional Congress, 574,582,628.
635,638,653,818.
Exemption of citizens from taxation, 602.
Exports to part occupied by Confederate
troops, 476.
Judicial courtu, 602.
Recruiting stations, 377,402,411-413,451.
kepresentation i n Confederate States Congress,
597,699.
Kentucky Banks.
Sequestration of funds:
Message of t h e President, 560.
Morris, J. D., appointed receiver, 5n,
577.
Kentoeky Convention,
Commissioners to Provisional Congress, 527,
541,513,549,672.

Communication from provisional governor,

541-543.
Provisional government, 538,539,660.
Secession ordinance, 537.
Kentucky Troops.
Commissions for officers, 306,315,316,327.
Ker, James, 828,&13.
Kerr, David, 608.
Kerr, Fred. A., 526.
Kerr, Hugh, 516.
Kerr, John M., 496.
Kerr, S. P., 4 2 5 , ~ .
Herr, William A., 712.
Kershaw, 3. B., 760,817.
Key, S. A., 840.
Keyes, Wade, 185.
geyser, N. I., 625.
Bey West, Fh.
Court of admiralty:
m b l i s h e d , l15,119,120,i%, 141,143,151.
Repeal of act, 491,603,635.
Keyworth, Robert W., 424,524, 600.
Kldd, James R., 626.
Himbell, F. A., 608.
J k m e l , M. M., 6M), 6!27,849.
King, BenJamin, 156.
King, Charles H.,712.
King, George I., 525.
King, R. Lord, 156.
King, John Q. A., 540.
King,
c., 439,525.
Kingman, A. D., 539.
Klnney, A., 648.

w.

Kinney, Thomas C., 811.

Kinaley, Georcre, 5%.
Kirby, Wley G., 7M.
Kirkland, J. M., 525.
Kirkland, Jesse B., 439, 524.
Kirkland, John, 440, 6 3 .
Klrkland, W. W., 155
Hnox, John, 623.
Hnox, Thomas, 5%.
Iinox, Wllllam, jr., 424, 706.
Hocrner, P. W. O., 811.
Labatt, David C., 440,624.
Ladd, C., 51.
Lamar, A. R., 11,123,281.
Lamar, C . A. L., 816.
Lamar, U. B., Jr., 760.
Lamar, U. D., 425.
Lamar, JeRerson H.,508.
Lamar, John H., 516.
Lamar, L. X., 703.
Lamar, L. 9. C., 435, 501.
Lamb, S. H., 456.
Lamb, I\ illlam, 624.
Lambert, Richard, 425,671.
Land, A. L., 626.
Land, Thomas T., 523.
Landrum, J. U., 608.
Lane, John, 1%.
Lane, Thornas B., 7%.
Lane, Walter P., 503.
Lanegan, Francis, 526.
Lanegall, Thomab, 526.
Langdon, Paul H., 626
Laugworthy, Elishs P., 422. 495.
Lsnier, John S., 425, 827.
Lauier, S. JI., 440, 626.
Lanier, IF. L., 524
Lapsley, J. N., 94.
Lasere, Emile, 440, 625.
Lossnlle, A. E., 526
Latimer, Alfred E., 156, 706.
Latimer, James D., 439, 624.
Latta, F. M., 817.
Lavender, William D., 620.
Law, Junins A., 424, 706.
Lawrence, James H., 516.
Lawrence, II. L., 626.
Laws of the Provisfonal Congress.
Ribtication and distribution, 70, 127, 143, 252,
261, 263, 264, 310, 312, 315, 399, 694, 699, 710,
711, 714, 716, 736, 833, 848.
Laws of the United Statan.
Continued i n foreein Confederate S h t e s , 41,51
Digest of, for Confederate States, 124, 130, 21.5,
217, 221, 252-254, 258, 259, 263.
Lawson, John, 507.
Lawton, A. It., 307.
Lawton, Ed. P., 156,343.
Lawton, R. H., 713.
Lay, George W., 422,514.
Lea, A. M., 438, 524.
Lea, a. L., 626.
Lea, John W., 425, 826.
Leach, R. T., 739.
Leadbetter, Danville, 155.
Leak, F. S., 131.
L e a n , Peter M., 623, 704.
Le Baron, Thomas H., 626.

INDEX.
Iiebby, B. M., 739.
Let?, A. K., 623.
Lee, C. G., 671.
Lee, Fltzhugh, 155, 496.
Lee, George W. C., 423,461, 496.
Lee, IIutson, 410,624.
Lee, John, 425, 827.
Lee, Pan1 C., 738.
Lee, Pollok B., 514.
Lee, E. B., 422,495.
Lee, Robert E., 223,464.
Lee, Sidney Smith, 298, 771.
Lee, Stephen D., 155.
Lee, Thomas B., 626.
Lee, W. F., 424.
Leesburg, To. Battle, Oct. 21-82, 1861.
Thanks of Congress to Gen. N. G. Evans, 580,
590.
Legare, J. J., 706.
Lelgh, Willlam, 506.
Lemee, Adolphe, 625.
JAeonard, Thomas F., 623.
Lester, Robert B., 608.
Lester, Rufus E., 517.
Letcher, John, 192, 323,689.
Levy, Jonas P., 323,360.
Lewis, Davld, 704.
Lewis, David P. (Alabama).
Committees:
Indian Affairu, 45.
Patents, 44.
Delegate to Provisional Congress, 13,31.
Resignation, 159.
Resolution offered by, 44.
Yea and n a y votes, 91, 92, 106, 143,861,8G8,872,
873,878, 880, 881, 924.
Lewis, Henry H., 296.
Lewis, Joseph H., 647.
Lewls, b b e r t N., 505.
Lewis, S. H., Jr., 625.
Lewis, Samuel L., 624, 625.
Lewis, Theodore, 422, 495.
Lewis, Willlam, 425.
Lexington, Xo. Siege, Sept. 15.20,1861.
Thanks of Congress to Gen. Sterling Price, 518,
521.
LibrarieR.
TJse of, tendered to Confederate States Congress, 31.
Library of Congress, 261, 264.
Lieruur, Charles T., 811.
Lieutenants.
Junior second, 486,487.
Supernumerary, 379,380, 387,461.
Lightfoot, R. J., 625.
tight-House Bureau.
Establishment and organjzation,107, 109, 110.
Light Money, 143,152.
Linehicum, C. F., 608.
Liucoln, Abraham, 8,58,160,161,163-167,172,178180,198, 218,272-274, 2 4 , 541,542.
Lindsay, .James E., 713, 717, 777.
Llndsey, M. M., 425, 827.
Line, G . , 540.
Lining, Charles E., 157.
Lipscomb, UeorgeH., 816.
Lipscomb, J. K., 425,827.

Liquors.
Repeal of certain laws,102,107.
Lihhford, James J., 440,6%.
Littaral, Ewing, 816.
Little, Henry, 4%.
LittleSeld, A., 837.
Littlefield, J. H., 626.
Little Bockbrsenal, Ark., 260, 264, 334, 360.
Livingston, John, 626.
Lloyd, Carey, 625.
Lloyd, Edmund J., 297, 525.
Lloyd, W. D. C., 526.
Loans to the Confederacy, 24, 32, 64,166,170,186,
187, 193, 207, 211.
Local Defense and Special Servire.
Provision for, 338, 373,384,731, 753,762, 765,7n,
772, 780, 781.
Locke, Joseph L., 438,624.
Lockett, P., 626.
Lockett, Samuel H., 155,544.
Lockridge, Sam. A., 504.
Logan, John B. I., 488.
Logan, John E., 739.
Logm, It. H., 828,843.
Loller, Abram, 526.
Lomax, Lunsford L., 424, 496.
Long, Armistead L., 423.
Long, John O . , 424, 705.
Longstreet, James, 155, 307,473.
Loomls, J. Q., 7@2.
Looney, R. F., 505.
Loring, W. W., 307, 424, 849.
Louisiann.
Delegates to Provisional Congress, 11,14,26.
Free navigation of Mississippi River, 9.
Legislative proceedings, 643,666.
Secession, 9, 10, 14, 45.
Transfer of funds to Confederate States, 123,143.
Louisiana Bonks.
Suspension of specie payments, 701.
Love, T. J., 304.
Love, W. S., 738.
Lovejoy, George S., 425, 826.
Lovelace, B. F., 440, 625.
Lovell, Joseph, 515.
Lovell, Mausfield, 473.
Lovell, William S., 838.
Lowe, Enoch M., 525.
Lowe, L. M., 539.
Loyall, Benjamln P., 536.
Jmxds, L. P., 439,525.
Lucas, Alfred P., 425,827.
Lucas, James A., 159.
Luckett, P. N., 504.
Lumberton Uuards. See North Carolina 23'0oPS,
zd Regt. Infty. (Co. D).
Lumpkin, Charles I.,425, 827.
I,umpkiu, T. M., 439, 5'25.
Lnnsford, W. J., 539.
Lgles, WIlllam D., 738.
Lynch, Arthur I,,157.
Lyucb, William F., 297.
Lyue, Sandford, 540.
Lyon, F. S., 24, 32.
Lyon, B. B., 4dG, 702,828,842.
Lyon, Jamen W., 816.
Lyon, Thomas T. A.9 526.

958

INDEX. .

Q o n , W. D., 827.
Lyons, Henry L., 524.
Lyons, James, 712-714,744.
Lypert, Hardy S., 540.
lc.4den, John H., 738.
McAfec, Madison, 462.
McAllum, D. P., 439, 524.
mchty, Michael, 539.
McBlair, Charles H., 535.
McBlair, Willlam, 298.
MoBrayer, James A., 539.
McBridc, Samuel H., 539.
McBryde, Alexander, 648.
HcCabe, J. C., 608.
MoCall, Jas. K., 424, 706.
BIcCallaine, H. R., 608.
McCamant, S., 688.
MCCaUdlibh, Thomas I'., 440,625.
MoCardle, I?'. H., 515.
McCarthS, F., 646.
McClanaghan, C., 526.
McClarty, Clinton, 526.
McClellan, W. B., 703.
McClelland, J. B., 440, 624, 648.
MeClenahan, John C., 440, 625.
BIcCleuahan, William F. ,297.
McClung, James A., 626
McConnell, =chard, 626.
McCouuell, Stuunel M., 439,524.
McCounell, Thomas K., 155.
HcConnell & Co., 846.
McCorklc, David P., 297.
Mecormtck, Ed., 625.
McCormick, Joseph, 283.
1IIcCornack, J. J., 525.
McCown, John P., 423, 473.
rnccoy, H., 626.
HcCreery, John, 625.
MeCreery, 'IV. W., 423, 705.
mccrory, Elvis, 739.
XeCue, John If., 439, 525.
McCnlloch, Ben.
Appointment, 213
Yentioned, 461, 637, 658.
Thanks of Congress, 376, 383, 396.
McCulloch, Henry E., 185,190, 268, 269.
McDaniel, Albert, 525.
MeDaniel, Z., 540.
McDouald, Angus W., 373, 380, 384, 437, 3 7 .
McDonald, C. IV., 827.
McDonald, Charles d., 525.
McDonald, John C., 524.
McDonald, l a r s h a l l , 828, 843.
McDonough, Benjamin F., 267.
HcDowell, Thomas D. (North Carolina).
Delegate to Provisional Congress. 271, 276.
Leave of absence, 303.
Petitious, papers, ete., presented by, 468, 533.
Yea and nay votes, 478,478,4834%, 493,494 512,

519-521,528,5!29,531,546, 553,554, 556, 558,559,

562,563,675,576,581,582,584, 589, 666, 668, 669,
673-675,677.67+661,683-686,695, 707, 708, 710.
711,730,733,734,740, 741,747-780, 752, 755, 759,
762,763,766-770,772,T73,764,765, 737,788, 794,
796,7Y%02.

HcDume, George, 288.

McElrath, H. McD., 440,625.
McEnery, John, 704.

fiIacfarland, Willianr H. (Virginia).

Bills, resolutions, etc., introduced hy. 279, 2x9,
5,385,403,418,
M i , 637, 657,
709,765,769,784,800,805.

Committees:
Commcrcia.1Affairs, 713.
Inauguration, 765.
Special, 276, 307, $17.
Delegate to Provisional CongresP, 271.
Petitions, papers, etc., presented by, 319,331,371,
378, 529, 630, 678, 736, 758, 783.
Pea and nay votes, 285,308,323,829,330,332,335,
336,339, ?&,345, 347,359,364-366,380, 383, 386,
387,389,391,393,395,39$-402,403, 405, 409, 412,
416,417,419-421,427,441,4?3,445, 446, 419, 451,
454,456,460,463,478, 483386,498, 49.1, 512, 513,
519-591,528,629,531, ,534,515, 516, 553-556, 5523,
659,562,563,573,576,577,581,582,5sJ, .5S5, 589,
594,597, 598,616619,630, M,615, 646, 652,655658,666,668, 669,679481,663,685, 686, 695, 708,
711,730,737,540,7-l1,747-750,752,755, 756, 759,
763,764,766-770,773,774, 780, 781, 784-788, 793,
794, 796,797, 799-801,806-811,813,814, 821-825,
829-831,833-835,849.
SlcGary, Charles f., 297.
IcGehee, Xdward F., 704.
IcGehee, George T., 440, 624.
XcGehee, John C., 118, 204.
tIcGivorn, C., 625.

IcGoodwin, h., 817.

McGowau, A. H., 625.
tIcGraw, Patrick, 709.
BcGrrier, Lewis S., 526.
lachen, Willis B., 639.
XcIlliany, J. K.,738.
IcLlwrtine, Sichard; 608.
MC1Ut05l1, Charles F., 299.
XcIutosh, James, 133, 423, 496, 685, iO6, 709. 762.
IeIntosJi, XcQueen, 15%
XcIntosh, T. Spauldhp, 424, 515, 827.
tIarkalI, nichard L., 713.
bIaekaI1, William W., 514, 5%.
Xackay, James, 608.
KcRay, James, jr., 440, 625.
l c l i e e , George IT., &5.
McKee, J. N. D., 539.
BcKee, It., 533.
IcKee, R. F., 623.
lcKee, Robert, 640.
NcKenney, E. A., 648.
XcKennie, George, 626.
SlcKenuon, H. J., 608.
BIcBenzie, J. W. P., 817.
lackey, Thomas J., 810, 818.
HcKlnne, B., 623.
BcKinney, C . S., 439, 5%.
klcLanghlh, hugustus, 296.
XcLanghlin, D. L., 739.

KcLaws, A. H., 624.

EcLsws, Lalayette, 155, 435,173.
Kclean, Eugene E., 223.
tIeIjemore, 0. H.,424, 597, 705.
EcLeod, Hugh, 371, 376, 4%.
&LCOd, B. D. L., 526.
RIacliu, Sackdeld, 424, 836, 842.
Maelin, Thomas, 827.
BcLofler, James, 625.
McBLackin, T. C., 626, 626.

BcUahm, J . J., 608.

ml Service-continued.
Jlellahon, Ed., 524, 624.
Extension, 236,256.
JfrBaiion, J. H . , 624.
Routes,236,245,343,357,367,374,417,426, 451,509,
flc'llirkm, 31. B., 440,624.
5 1 1 2 5331 534, 629, 630, 636, 637, 735, 793,
IleMInn, Wllllnin, 440. 625.
830.
Ne3lurrj, .James A , 505.
sunday, 121, 122.
XcXah, John Jl., 425.
JIador, James P., 424, 496.
I c S a l r , E., ChupEuin, 608.
Najor-Generals.
XrSafr, E., Lth A?!:.,XSX.
Appointment of, 476, 471,493,494, 668.
JlcSairy, Frank H., 515.
continuanck in office,819.
JIcSuaqhton, Thomas R . , 623.
Pafors.
XrSelll, Henry C., 156, 496, 504.
Cavalry regiments, 492.
1 ~ S e l 1 1 ,X. S., 4 3 , 525.
Malcolm, Green, 539.
leSIs11, Willlam D., 332, 337.
Pallet, J. IV., 516.
I c S u l t y , \VIllIam, 283.
Eallory, Edvuiird, 6%.
JIrRae, Vessel, 167.
Nallory, Frank, 600.
XrRae, C. F., 608.
Nallory, R. X., 688.
JIrRae, Colin 2. (Alabama).
Iallery, Stephen R.
Bills, resolutions, etc., introduced by, 35, 47,
Secrehry of the Navy, 85, 95, 105, 106, 791, 792,
118, 148,149, 341,%5,338, 361,397,412,482,463,
818, 842
508, 603, 805.
Malone, F. A., 648.
Committees :
i)Ialone, John W., 539.
Buildings, 41, 50.
Nalone, Selevlu R., 439, 524.
Engrossment, 46,200. 293,376,383,410,450, 477, Nnloney, Robert, 526.
487,493,510, 511,521,527, 532,559,590,598,605, illanassas, Va. Battle, July 21, 1861.
607,621, 633, 636, 645, 651, 670,692,698,759,822,
Captured property, 316, 324.
832.
Care of wounded, 276, 279, 282, 289, 461.
Finance, 44, 606, 607, 609, F50.
Reports, etc., 275, 276.
Inauguration, 765.
Thanks of Congress to Generals Johnston and
Sara1 Affairs, 527.
Beauregard, 316, 325
Delegate to Provisional Congress, 11,13.
Treatment of prisoners, 358, 391,392, 399.
Petitions, papers, etc., presented by, 53, 209, Nangham, John R., 439, ,525.
215, 300, 487, 564.
Nungum, T. H., 704.
Tea and nay votes, 78, 91, 92, 106, 121, 122, 131, Nanly, Basil, 10'39, 63,80,100, 159, 186, 238, 249.
1IIann, A. Dudley, 89, 93, 114, 115.
137, 141, 203, 209,211-213, 222, 227,240,242,243,
247, 254-2.57, 285, 308,32L,328,330,332,335,SSG, Mann, J. U., 456.
338, 342, 336, 359,364-366,380,385-386,393,39S, Nannlng. Peyton T., 156.
397403,405, 412, 415,416,418.421, 42i, 441,442, Nanning, Van H., 434, 498.
415,448, 452, 451,455,438,460,462,478,479,483- lardfs, Kapolron B., 704.
485,493,494, 512,813,519-521,528,531,534,545, Nariue Brigade.
Organization ol, GI5.
546,5S3,555, 362,563,575-577,580-582,584,588,
598,599, 604, 607,617-F19,621,622,827, F33,639, Jiarine Corps.
Nominations and confirmations, ZGF,267,297,343,
641,642,6& 6Z, 655,657,666,668,673-6i5,679,
344, 349,363,372,394,407, 536,623,713,771,817.
681,683-685, 695, 708,710,730,73% 734, 7 3 6 741,
,4 i- (49,554, 759, 762,763,766-750, 773,784,785,
618, 844.
Pay of additional offirers, etc., 259, 263.
589,790,592, 798-801,806809,811,812,820-825,
Quartermasters, 523, 605.
629,830,832-835, 849,861,868,871,878,880, 881,
Narine Hospitals, 215, 225, 226, 211.
892-894, 896, (124.
Nnritlmo Law.
IcRue, D. A . , 617.
9ositian of Confederate States defined, 294, 310,
IacRee, Forgus, 536.
326, 331, 341,342
UeSpadden, S. H.. 498.
Xarkq, S. It., 646, 659.
HcTeigh, T. J., GO8.
3Iarniadnke, John s., 424, 498,600, G'L7, 717.
UcWilliamt;, John E., 371, 381.
Iarque and Reprisal.
Xadden, Jamas S . , 761.
Issue of letters of, 165, IGF, 169, 170,173,155, 177Iladden, Thomas, 424.
181, 188, 252, 264, 323, 360, 446, 447, 453.
Xadison, James, 163.
Narrast, John C., 498.
XIadisnn, T. I'. , 495.
Harshall, Rev., 310.
UaWtt, John S., 265.
i7lursIial1, Henry (Louisiana).
l1agH1, Willlam J., 437, 838, 841, 843.
Bills, resolutions, etc., introduced by, 322, 860
Xagrath, Andrew Gordon, 153,185, 1%.
894.
Iagrnder, .411au R., 425, 648.
Committees:
Nagruder, E. J . , 703.
Claims, 197.
Nagruder, John B., 307, 423, 473, 665.
Public Lands, 44,110.
Nalione, William, 474.
Special, 54, 2%
IaI1 Service.
Territories, 44.
Agents, etc., 367, 352.
Delegate to Provisional Congress, 11, 14.
Contracts, 382, 390.
I_,-..

960

INDEX.

Bfarshsll, Henry-Continued.
Yea and nay votes, 78,91, 92, 98,106,121,122,125,
181,219-222,226,227,240,242,243, 247,254257,
286,308, 322,328330,332,335,339,342,344,347,
383,395,397,398,400--105,483,528,
359,3&366,
629,545, 546, 652464,577,581,582,584,759,762,
763,766 770, 7'72,774, 780,784-787,796-800,806,
808-811, 813, 81-25,
829, 831,835,849,861,868,
871-873, 878, W, 881,883-&36,890-894, 896,924.
larshnll, Humphrey, 474.
Marshall, John, 504.
Harshall, Samnel P. L., 71.
Marshall, Thomas, 625.

Marshals.
Deputy, 719, 7'79.
Special, 428.
Martin, Albion, 525.
Martin, 8. H., 238.
Martin, aeorge D., 525.
Martin, Henry L., 627.
Nartin, James B., 434,497.
Hartin, James G., 516,817.
Nartln, Jrfferson T., 268.
Martin, John D., 704.
Martin, Waller K., 517.
Martin, William, Liezit. Col., 838, 841, 843, 849.
D$wtln, Willlam, NT.,5i9.
Martin, Wllliam T., 502, 815.
Maryland.
Recruiting stations, 377, 402, 4 1 1 4 3 , 4%51.
Sympathy for, 534, 575, 587689, 593, 599.
Naryland Line.
Organization of, 805,820, 832
Maryland Troops.
Commissions for officers, 305, 315, 316, 327.
Infantry-&egzme?zts: Hnryland Line, 605, 820,
831, 832.

.Mary Patterson, Steamer, 709, 762.

Maslln, Tl~omas,534.
Mason, Alexander H., 816.
Mason, C. B., 440, 6%.
Mason, C. T., 811.
Mason, E. E., 811.
Mason, Edmnnd, 789.
Mason, George, 185.
Mason, James I . (Virginia).
Bills, resolutions, etc., introduced by, 286, 288,
302,313, 316, 341, 377,383, 586,389.
Commissioner to England, 447,471.
Committee on Foreign Affrtirs, 323.
Delegate to Provisional Congress, 279.
Petitions, papers, etc., presented by, 338,358.
YO%and nay votes, 285, 323,329-330,332,335,33G,
339, 342, 845, 347, 359,364366,380,383,386,387,
889, 395, 398-401, 403405,409,412,415-417,419421,427,445,449,451,454,456.
Mason, James M., jr., 425,827.
Mmon, John, 626.
lason, John T., 297.
Mason, Murray, 298.
MilsOn, B. F., Quartmaster,6%.

Mason, R. F., Surg., 298.

MaEon, R. M., 704.
Massenberg, Thomas, 705.
Hnasenbnrg, A. C., 526.
Mas8ey, B. F., 481, 482.
Massie, J. L., 836.
Naasle, James W., 436,507.

Massingale, H. T., 440, 625.

Mathes, lVilliam T., 540.
Mathews, A. IF., 52G.
Mathews, a. ci., 739.
Matlieason, D., 540.
Mntloch, Charles H., 815.
ilLatthcws, A. C., 449.
Matting, Robert F., 739.
Battison, R. F., 608.
Maury, Dabney H., 428, 435, GOO.
Maury, John S., 296.
Mnury, JIatthew F., 298, 727, 819.
l a n r y , Thomas F., 738.
Maury, William L., 296.
Maxson, George W., 5N.
Maxwell, U. Audley, 438.
laswell, G. T., 499, 830.
Iaxwell, Thomas L., 439, 524, 6%
May, Jnmes H., 8%.
Mayers, 3oseph D., 235, 827.
;Ylayficld, Elisha, 840.
Xaynard, John C., 440, 625.
Naynardie, E. J., 609.
Mayo, George V., 423, 705.
R3y0, 3. H. F., 438, 524.
Mayo, John S., 525.
Kayo, L. U., 739.
Mea, J. F., 625.
Meade, D. GI., 525.
leade, B. K., 672.
Meade, R. H., jr., 705.
Means, H. J., 738.
leans, T. A,, 738.
Xedical Department.
Appropriations, 334,374, 384.
Examination of, 374, 395, 399-401. 415, 416, 654,
720, 724427.

Increase, 337.
Inspectors, 778.
Medical Examining Board, 548.
Medway, Alexander R., 841.
Meek, JeRorson, 608.
Meem, John G . , 817.
Neetze, Henry b., 625.
Meiere, Julius Ernest, 266.
illell, 1'. H., 238.
Mellen, 'IYilliam P., 283.
illelton, Samuel W., 514.
Melvin, J. S., 526.
Xemmluger, Christopher 6. (South Carolina).
Bills, resolutions, etc., introduced by, 19,20, 34,
39, 41, 48, 54, 61, 67, 69, 76, 81, 82, 99, 111, 116,
128,185,139,141,149,169,180,138,199,215,227229,255,264,276,281,295,305, 345,347,348,362,
377,381,583,405,443,446,147,449,473,485,774,
814, 859, 864, 866, 878, 880, 892.

Committees:
Commercial Affairs, 44, 52, 58, 60, 74.
Constitution (Provisional), 22, 25.
Special, 362,381.
Delegate to Provisional Congress, 11, 15.
Petitions, papers, ctc., presented by, 56, 80, 691.
Secretary of the Treasury, 73,263,267.
Yea and nay votes, 91, 92,106,121,122,137,. 141,
181, 209, 211-213,217,222,226,227,240,242,243,
254257, 323, 328, 330,332,335,336, 339,342,345,
347, 3.59,365, 366,380,3R6388,391,393,398,401,
402, 404,405, 409,4154l7,419-421,443-446,449,

nay Votes-Continned.

liiltia.

Organization of, 514

4, '65, 458,460,485,512,513,519, W+j,546, To resist mrasion. 757, 813.
19, 582. %?, S7%577,589,598,607,617&9,
>Illledge, Jolin, Jr., 840.
6 , 668, 508,711,733, 7 3 4 , 7 4 i - i ~ , is~,;a, Xiller, E. A.,
- 0 , 773,774, 'i96,797,799-~2,806-m,814,
Biller, Edgar,
-825. 829-831, 861, 868,871-&73,S78, epO,@1,
816
.,
Biller, Ell I
,886, 891-8Y4,896,921.
Mller, Fleming Buaycr, 268.
Xumniingcr, 11. IY., 649.
Iiller, Franclh, 840
X ~ r l i y l ~and
l s 1,Ittle Roek Kailroad.
Viller, H. H.,R?R
Bonds of,757.
Illle r, H. T., 517
Completion of, 489, 758.
Hiller, Henr) t., 1%.
X r n i p h i ~Ranks.
Hiller, James T., 349.
I n t c ~ Son
t advances to Gen. L. Polk, $14,740, Xiller, HrP. B., 5%
756.
Hiller, Rohinton, 738.
Xence.;, C.W., 5%.
Xwcer, George h., 515.
Jlerwrl Gooree D., 624.
IIerf%-, Hugh IF., 474, 5F8,696.
Xercer, dolin T., 424, 435, 496, 499.

IIerrer, '(Villiam S., 51i.

Ilerciiandise.

Transit through Confederate States, 146, 151.

IIPrclrarit, Anderson, 423.
Xerrick, Beurge h., 705.
Xerritt, C. G., i04.
Xerritt,, George R., 539.
Ilerritt,, W. T., 739.
Xetage, Franelx Q., 525, 548.
Xetcalfe, O . , 738.
Nithie, Jnnius, 739.
XicLle, T. A., 739.
Xicks, Thomas It., i38.
Hidshipmen.
Education of, 547, 807.
Biles, 7Yilliam Poreher (South Carolina!.
Bills. resolutions, etc., introduced by, 3F, 40,42,
10i. 113, 129,143,199,259,261,350,374,433,457,
4.58, 461, 466, 519,532,530,%0, W2, SG4,866,867,
8i5, %,888.

Committees:
Commercial Affairs, 74.
Flag a n d Seal, 40, 42, 101.
Xilitary Affairs, 44, 262, 292, 295, 301, 305, 306,
311, 315, 324, 326,333,334,361,363,366,369,370,
372-376. 3i8. 379, 383,402,411,413,429,433,449,
450, 452, 453, 455,493,493,B09,511,518,547,548,
,550.

Friiiting, -1.5.
Special, 40,54, 466.
Delegate to Provisional.Coilgresp, 11, 15.
Petition& papers, etr., presented by,SO, 109,245,
281, 3?8, 334, 343,456,487,533.
Tea a n d ~ i t t votes,
y
78, 91, 92,98,106,121,12% l'2.5,
131, 132, 137, 141,181,195,203,209,211-213,217,
219-221, 226, 227, 240,242,215,247,288,308,323,
5"350,
$92, 336, 539,342,345,359,364-3GG, 380,
383, 386-388, 391, 393,395,397,396,40@'@'> 404,
~105,409, 412,419-421,42i, 441,443, 445,446, 449,
451,4~,2,454,455,460,463,458,4iS, 4%-485,4%
.194,ji?, 513, 51oj21,628,529,531,534,545~5 %
653, 5j3, jj6,@,8, 659,849,861, 868,87l-S73,878,
880,8-81, sS3-8S6, 891-894,896,924.

Xilitary Districts.
Establishment of,199, 214.
Iilitary lloaiis.
Establishment of, 304, 378, ,478.

v J-TOL

1-04--61

Uiller, 8. A., 6%
Biller, W. 1.J., 5'26.
lille r, WesIej, 115
Xtller, YytlIiam, 626
Hilligan, J. A. S., 538.
Uiils, Tliomm B., 712.
Xills, 'Phomaj S.,343
Hill%?pps, J. J., 608
Hlner, Wtllinm L., 540
Winetree, Joseph P., 616
Ifluge, WilIfam 11. W., 439, 325, 5%.
Xiuihterr of tile Confrderatn States, 300.
See also Coiiin~ibb~~nzers
to Euiopca~zPozueva.
Minor, Oeorgc, 298
JIlnur, Henrj k., 73R
Minor, L e i r i b \\ ,,207
liinur, Rohert D., 296.
Wuter, d. h., 506
Uinter, Jo\. P., 414,6"4
Minter, \tllllam, bO9
Uints.
Charlotte T C 282, RiB
Dahlonega, Gn , 100, 101, 117,121,304
Xw or lean^, La , 100, 101, 117, 118, 121, 157
Suspension of, 199, 200, 215, 223
1Iissiosipyl.
Delegate\ to Pro+iiional Congress, 11, 15, 31.
139, 522.

Legiiiatii e proceedings, 307, 3S2.

Reimbursement of, 462, 535

Secewon, 8,15
Tramler of I t t a L Lountj to southern ~udlcial
district, 793, 818
Kississippi Biter.
Deteniei of 194,100, 314, 431, 451.
Free nangfltion of, 9, bU, 67, bb, 7c5,76, 82, 649,
714

tllfi~onrl.
Ad~ nim ontu t h e Confederttq, 324, 362, 363,366,
368-370, 37i, 479,480, 484-486, 488
Aid lor qee ULssauiz Troop7 Supplle,c.foT.
Convention n i t h Confederate States, 482, 483.
Cooperatinn of troops under NcCulloch and
Price, 637
Delegates to Provi-ional Congress, 510, -3.3, 525,
530, 669
Election of membcri to House of Repreuenttltiver, 491, 508
Encouragcrnf'nt of mlirtmcnts for Confederate

Stnteu Arm), 5.35 579

Exemption of citizens from taxatmi, bO2
Recruiting station\ 377 402, 411-413,451

962

INDEX.

Missouri-Continued.
Relief for, 565,700, 715, 735, 762, 804, 831.
Secession, 481.
Missouri Troops.
Commissions for officerq, 315, 316, 325.
Provision for raising, 630, G44, 652, 657, 681, 697700, 809, 825, 829, 8A0, asti, 848.
Supplies for, 304, 313-315,319, 334, 374.
Mitchell, J. M., 17, 44, 88, 106, 150, 257.
Mttrhell, John H., 535.
Mitchell, S. P., 625.
Mitchell, IV. S., 738.
iltitchell, Willitlni P., 634.
Mizcll, d., 626.
Mubile and Great Xorthern Bailroad ("ampany.
Relief for, 806, 80i, 832.
Dlobley, J. C., i39.
Noffett, Hunter P., 839
Moffett, JanieT F.. 704.
Moffett, P. B., 526.
Mohler, E. Q., 425, 827.
Moise, Edwin Warren, 186.
Molse, T. S . , 439, 624.
Molloy, Ferdlnnnd, 439, 524.
Moneys.
Deposited in registries of courts, 290, 295, 307.
Remaining i n Confederate States post-offices,
341, 429, 430, 453, 656, Gj7, 681.
Transmisdon of, 443, 453.
Monroe, Thomas 1%.(Kentucky).
Bills, resolutions, etc., introduced by, 595, 59i,
602, 617, 654, 670, 691, 717, 719, 749, 755, 795,
804, 825.
Committees.
Foreign Affairq, 621.
Judiciarj , 621, 742.
Military Affairs, 028.
Delegate to Provisional Congress, 574.
Yea and nay votes, 5 7 5 4 7 i , 501, 5S2, 58#$ 588,
594, 597-599, 604, 607, 617-619, (121, 622,630,633,
639, 641, 642, 645, b4h. 651, 632, 6
668, 669,653-675,67i, 679481, 6
708,710,711, 780, iU-i34,73;, 540,741, i4b-74Y.
752, 754, 755.759, 7192, i b 3 , 5hb-7i0, i72-774,780,
784-790,792,79L, 796,795. 'iQ9-80t,806,807,809813,819-825,829,831,833-835.
Monroe, Thomas B., Jr., 501.
Xoutsgue, T. C., 739.
Montgnnierj, Alu.
Poitof entry, 93, 107.
Montgomery, dlexnnder B., 156.
Montgomery, 11. B. T.. 439, 524
Montgomery, J. G., 760.
Blontgoniery, William >I., 439, (i24.
MoodT, D. X., 814.
Moon, Elizabeth, 23;
Moon, Ransom H., 816
Moon, I V . I,., 703.
l o o r e , Rev., 287.
Moore, A. G . , 546
Moore, A l ~ r a n d D
~.,r 423 828, 843.
loorc, Andrew B., 176
Moore, Charles P., 626
Hoore, F., 626.
loore, 6. C., 284.
Moore, II. IY., 739.
loore, J. 'n., 625.

IXoore, J . Y., 738.

Ifoore, J . P., 60%
Uoore, Janies O . , $36.

Uoore, John A.,

Moore, John IT., 525.

b o r e , 11. A., 459, Y!6.
Uoore, Robert, E., 73s.
Moore, Saniuel Xcn., 189,191.
Uoore, Samuel P., 422, 405, 667, RBS, 71s.
Ifoore, figdenham, 434, 497.
Uoore, Thomas O., 701.
Iloore, W. E., 52.3.
Uoore, Williitni *I.?738.
Koran, J(hn O., 2s7, 36';'.
tforehead, dolin 1.( S o r t h Carolina).
Rills, resolutionv, ctc., introrlureil b
681.

Commissioner from 'iortti CFiroliiia to Peare

Convention, 23.
Cnmmittw 011 Coinlnerciwl a n d Financial Independence, 334.
Delegate to Prorisional Congress. 271.
Petitions, papers, etc., pres
Yea a n d nay votes, 2Ss3,308,3?3
336, 339,342,345,34i, 359,
388,393,395.39i, 398,475,
512, 513, t519-321, 331, 534,546,546,553,554,556,
538,539,562,3F3,573,575-577,5S1. 5s",584, 589,
594, 652, 63i,658, 668,669,6i3-6i5,6ii, 6iY4S1,
759, 7@2.763,i66-7i0.ii3,

Xoreno, Fcrriiindo .J., ISJ.

Xoreno, Steplies .i.,
$24, s"6.
Noreno, Theodore, 423, 703.
Xorey, John U., 621.
Xorflt, Charles X., ZYS.
xornt. jlason, MS.
n o r g i n , Cliarles S., 627.
>fors:in, George X., 6%.

Xorgan, (ieorpe W., 832.

Horgan. J. I$., $39, 5'24.
3forgan, d. D., i39.
Yforsiiii, J. 1,. ,4i0. B2.3, 704.
Worgaii, Jiiiires M., 625.
[norgan, T a n Benssrlaer. 296.
BIorgnn, ITillieni H., 425, 8".
Porphis, Janies >I., 43% 525.
Illorrill, Wlllii~mH., 5%.
Xorris, C. JI., 15i.
LIIorris, Charles. 110, 625.

l o r r i s , John D.
Receir-er for Kentuck.; blinks, 560, 551, 5 i l , 5 7 ,
i4.1, 766.
Morris, W. >I., 789.
Horrison, Andrm d . , 438.
;tlorrison, .T. H., 515.
lorrisoa. James J., 435, 199.
Xorrison, Robert J., 424.
Xorrison, IT. IY., 439, 521.
Norse, GeOrRe C., 61.
Xcrtimer, George .J., 608.
3Iortoa, C'hsrles B., 738.
Norton, J . H., 738.

#ortoit, .Jackson (Florida).

Mils, resolinions, etc., introduced by, 9-1, 147,
1'36. 204, 367, 3ii, 427, 449,491, sly.
('ommittees:
Commercial Affairs,44.
Constitution (Permanent), a.
Flag and seal, 40, 42, 793.
Inaugnration, i65.
Indian Affairs. 45,147.
Spwial, 40. 276.
Ijelcgate to Provisional Congress, n,23, 77.
I'etjtions, papers, etc., presented by, 113, 118,
174. 186, 249, 322,338, 510.
Tea a n d nay votes, i8,91,92.9S, 106, 121,in,
125,
131, 1R2, 1 3 i , 141, 195,240,212,243,247,2&257,
286,3011,322,328-330,332,336,338,312, 344, 346,
3.59, 36-1, 366, 380, 353,385-388,3Y1,393,395,397,
398, 400, 102-405, 409, 412,415,417,119-4?1,441,
4 4 L 445-449, 452,454,455,458,460,458,4'i9,48493, 4Y4, 512,513,M5,5?6,552,653,55i-559,
,763, 573, 375-577,581, 582,584,G81,683-686,
707,708, ill, 730, 73?-534,737,741,746i49,i51,
i.52, 7.54, 75.5, 559, 762,763, i66-'iiO,772, i i 4 . 7 8 0 ,
i8bi88, i90, 792, 794, 800-80t7,806,808,810-812,
W-82c5, 823, 630,833-835, 849, 861,852,873,878,

880,8hl,8&3-885,Y90-894,896,924

Morton, P;iul B., 608.

Xosrlry, R. It.. 523.
JIosely, Williani H., i3Y.
l o s e s , I{. J . , 438,524.
Zloss, W. It. D., 526.
Ilott, t'liristoplicr H., 435,M)l.
I l w t o n , b., 1.5,45.
>loutox, Johu d. A. A., 155.
Xosleg, W. X., 8 3 .
Jlu1:;iii3 Sani. El., 608.
Bulllns, d:tnias C., 73%
Bullins, .John, 424,50l,(iOO.
3Iulltlny,

IY. s.,

324.

Hiinehon, danies E., 2 5 .

3lunford, C;eorrc W., 192,196.
Xunfortl, John D., 45i,.iOi.
l u u i t i o n s of War.
drlvaiice on contracts, 305,311,315.
Arms of I'?-months' rolunteers, G90,G93.
Inyentioils (Wiiians' gun), 278, 311, 318,325,396.
JIanufarlure and purchase, 51, 56, 61,6i49,9i,
152.183, 185,196,190,201,202,2Oi,208,211,21i,
288, 301, 311, 315, 325,334, 860,3YG,4i7,508,B50,
619; GG1-664,696,754,808,809.

On hand, 278,289,306,32i,328,460.
Transfer to the Coniederacy, 88,89.
Transported to Texas, 533.
Hunaon, R. A. I%., 739.
Niirdaugh, IWliani H., 296.
Burphy, A. S., 739.
l u r p h y , Jolln J., 524.
Xnrpliy, Peter U., 296.
,llurtrie, 1Y. I%., 540.
l u s e , 5. B . , 516.
%use, J . H., 5'25.
Jlusr. Wllliani T.. 298.
Husieians.
.kppointme~lt to regimeiits in Provisional
Army, 548,554.
Xyers, ,kbrshttni C., 154.841,844.
Xyers, E. T. D., 811,818.

Myers, Henry, 157.

Myers, Job., 378.
Nyers, Juliwn, 266.
Myers, W. R., 526.
Nyerson, Capt., 481.
Ranee, WIlliani F., 514, 704.
fiwter, Leroy, jr., 42.1, 705.
Sash, Herbert M., 739.
Naslr, J . P., 170.
Rash, Xiles, .B,%
htnrallzatiou. See Citilenship, etc.
KaiIgatIon Imrs.
Modincationor repeat, 48?60, 68, io,fil,Sf3, w,'?o~.
Sariantion of the C'oafeder~teStates.
Begulatioii of, 155, 7%, 805, 806.
Kavg Depiirtnient.
Clerical force. 115, 116, 5 4 i , 550, tiO(i, 670.
Establishment, 70, 7 2 .
Nominctions and ronfirniatio~is(civil), &5, 106,
391, 40i.

Searetary: Xaliory (Xnrch 1. 18611, 106.

Savg of the Confederate Stntes.
Additional officcrs,GOB,BBI, 676, 683.
Appropriations. See Ayproprialiom.
Bounty to swmen, Gi6, GS3.
,
Chaplains, 5 4 i . 606, 621.
Establishment oi Volunteer, 805.
hlidshipmen, 547.
Xominations iind confirmations, 15G-1.53, 265-26i.
296299, 343,314,318, 349,871,394,401.53.5, BN,
609, GL3,C31, Gii, 712,713,ili,7iO,771, 7 i i . 791,
792, Yli, 842,841,$50.
Organization of, 116, 124, 125, l4i, 152,285, 248,
2SG, 2G0, 362, 753, 759.
Proposals for contracts, 410, 446.
see also Giciibonts; and i%sscls of Iihr.
Seal, Saiuiiel T., @25. .
See, John li., 516.
Negrors. See Bnre~.
Seill, Jssies It., @2i.
Xelnis, Charles G . , 502, 839.
Kelson, Rev., 344.
Nelson, George E. IT., 135.
Aelson, i(.Idiard Dl., 425.
Nelson, llobert, 608.
Sew, It, Aiidcrson, 608.
Sewell, Tliornns X., :M,450.
Sewklrk, J. Y., 540.
Sewman, W. IT., 688.
Sew .1Ieri(*o
Territory.
Posscsdon of,RO.
Sew Orlmns, Ira.
Custom-house repairs, and prcscrvation of court
records, 115.
Defcnxs of, 338,356.
Port of entry, 194, 207, 217, 2225.
~ e w
a)rleann and Currollton itailroatl Compi~ug,
239,2.51.
Newton, Robert C., 7O;i.
Newton, Willoughb~, 088.
JIChOlS, K. c., 526.
Sicholson, Gullford, 5 1 i .
Nlcoll, John C., 491, 560.
;Yiemeger, Willinni F., 423, 828, Wd.
Nisbet, Eugeuius A. (Georgia).
Bills, resolutions, etc., introduced by, 19,45,87,
111, 155, 193, '238, 2.15, 300, 83, 859, 8e4, 875.

964

INDIF: X

3isbet, Eugenius .L-Continued.

Committees:
Constitiition (Provisional),22.
Foreign Affairs, 44, 182.
Territories, 44.
Delegate to Proovisional Congress. 11, 11.
Petitions, papen, etc., presented by, 51, lob, 3.57.
Resignation, 551.
Yea and nayvotes, 91,92,98,106,121,122,125,181,
195, 203, 209,211-213,21i, 219-222.226,227,240,
242, 243, 247,254-257,2%, 308,328330,332,335,
336, 339, 342,344,346,3,59,364-366,380,861,868,
871-873, 878, 880,881,883-885,890494,896,924.
Nxon, John W., 265.
Sobie, Thomas J., 516.
Socqoet, James, 811, 818.
Soel, H. R., 738.
Solan, Robert P., 626.
Soland, B. P., 439, 525. 623.
holen, D. A., 525.
Sominations and Confirmations.
Authority of the Prcsidcnt, 224, 229.
Civil, i3, 85, 86, 89, 93, 106, 112, 111, 115, 127, 153,
154,185,190,204,267-269,282,2S3, 292, 303, 328,
329, 332, 337, 340,343.349,364,366,367,3il,372,
394,407,433,447,456,464,474,491, 535, 549, 560,
664,574,609,686,693,694,713,729.
Xilitary, 96, 97,114,154-156,213,223,299,307,321,
333,343,363,366,367,371,372, 376,422-42.5, 433440, 464, 47:3,474,494-33,514-518,524-526,564,
567, 568,590,594-596,600,601, 605, 609, 623-628,
631, 632, 646-649,658,659,670-672,682,686,693,
701-707,717, ilS,738,739,760,761, 771, 791, 810,
811,814-818, S26-828,836-844.849, 850.
Nary and Narine Corps, 156-158,266267,296-299,
343,344,348,349,363,371,372,394, 407,633, 536,
609, 623, 631, 6i7,712,713,717,7i0,771,777,791,
792,817,816,842,844,850.
north, James H., 157.
north Carolina, Steamer, 455, 456.
Sorth Carolina.
Admitted to the Confederacy. 220, 234, 242, 272.
Commissioners to Peace Convention, 23.
Commissioners to Provisional Congress, 23-25,
32, 206.
Delegates to Provisional Congress, 271, 276,
280.
Resolutions submitted to Provisional Congrew,
23, 25.
Secession, 218, 272.
Worth Carolina Coast.
Landing of Federal troops, 456, 461.
Xortii Carolina Itailroutis. See IZidinzond and
DanviUe, etr.
Sorth Carolina Troops.
Infantry-Itegiments. lst, 282, 292-294; Bd, 488,
508, 510, 521.
Sorthrop, Luelus B., 422, 495, 56i,718,811.
Sortou, Beorge C., 439,626.
XorRood, IVllISam, 515.
Soges, A. B., 523,685, 690, 695.
Snrbes. See Cooks and kmees.
Oatcs, Wyatt, 439, 524.
ORannnn, Laurens W., 424,024.
Obenehaln, \Vllllsm A., 425.
Ollrlen, John, 155.
Oclilltree, Thomas P., 515.
Oehiltree, William B., jr., 156.

.
630,638, FFl,7.57,764,8-18,872.

Committees:
Inangoration, 765.
Military Affairs, 493, ,549, 6R%, 083,7 6 2 .
Pay and Mileage, 188, 7 i t i , i i 7 .
Postal Affairs, 110, 630.
Special, 263, 276.
Territories, 110
Petitions, papers, etc., presented by, 94, 99, 141,
160, 170, 175, 238, 533, 636, 643.

Pea and nay votcs. 9S, 106, 1?2, 12.5,131. 132,137,

141, 181,19~,20:3,209, 212.213, 21i, 219,220,222,
226, 227,240, 212, 213. 281-257, 28.5, 308,323. 319?

330, 332,339,342,359,364-366,380, 493,494 519521, 528,529, 531, 534. 545, 546, ,553-556,553,559,
573, Si6,577,581, 582, ,581. 59l, 597-.599,604,607,
613-619, 621,622,627, 630, 6-11.6-Q 645, 6A6, 651,
652, 657, 658,666, 668, 673-675, 679-6S1, 683,684,
695, 707, 708, ill, 530, 733,734, 73i, 740,741, 747,
748, 7.52, 75.5, 756, 759, 562, 763, 766-770,772,774,
580, i81,784,R 5 , 790, 791,594, %fi, 797, ROO-802,
XOA, 807, R09-812,814, 819,821-824,829431,834,
835, 849,861,871-873, 578,880,881,883-883,891894, 896,924.
Oden, H. P., 100.
ODonnell, J. J . , 739.

OfBeers.
Additional, Savy, 606, 621, 676. 683.
Artillery of Provisional Army and Volunteers,
6%. 6S3, 684, 693.
Commissions for command of troops from Delaware, Kentnclq-, Xaryland, and Missouri,
3

303, 316, 327.

List of appointments requested, 289, 304.

List of, at Richmond, requested, 778, 830.
Kavy, on duty xith troops, 360, 606, 620,753,759.
Payment of, appointed by General Wise, 566.
Rank and pay of certain, 546, 549, 735, 765, 792,
793, 819, 820, 832,

Resigned from United States scrrice, 48. 79, SO,

S2,260,264,286,289,309, 310: 360, 3i3, 605, 606,
621.

Temporary rank, 252, 263, 550, @ ! 2 ,636.

Topographical, 716.
Traveling expenses, X a r a l , 147, 151.
Vacancies of field, 548, 563, 564,604,607,653, 661.
Ogden, 31. L., 626.
Ogleshy, Landon W., 440, 8%.
OHarx, Theodore, 135, 434.
OKeefe, D. C., 811.
OKeefe, Thomas, 525.
Oladomski, Hypolite, 1%.
Oldham, 31.. 608.
Oldliam, Williamson S. (Texas).
Bills, resolutions ctc., introduccd by, 194, 213,
262, 312. 325, 330. 3.58, 383, 381, 420, 847.

Cornmittccs:
Engrossment, 550,764, 772,783,813,814, 831,832,
846, 848.

Judiciary, 110, 193, 268.

Naval Affairs,110.
Special, 689.
Territories. 176.

Olclliarn, IYilliamron %-Continued.

J k l cgate to Provisional Congress, 97,152.

Ictitions, papers, etc., presented by, m,373.

T e n and na)- votes, 98, 106, 181, 195,203,209,212,
213. % l i ,219,221,226,227, 240,2q24&, 7,2:542 n i . 308, 323,328330,332,335,336,339,342,345,
353, %4-366, 380,383,386, 38i. 398402,404,405,
409. 112, 415,416,419121,411,449,459,463,576,
577. 681, 682, 584, 589,597-599. 601,607,615,617,
618, 630, 633,639,641, 642, 651,632,665458,669,
673, 674, 6i9-6S1, 683,681, 686, 708,730, i33,734,
i di , 740, 7i1, 748, i.55, 759, 562,763,766-i68,ii0,
773, 7i4, 580,781,785,i96,797,801,806,807,809X12.814, 819, 821-824,829-831, 869,8il-673,878,

-.

James B.-Contintied
Committees-Continued.
Constitution (Provisional), 22.
Naval Affairs, 4 4 , ~ s .
Delegate to Provisional Congrea, 11, 14, 77.
Leave of absence, 303.
Petitions, papers, etc., presented by, 544. 594.
Yea and nay votes, 78,91,92,%, IOG,125,132,181,
195, 203,2O9,211-213,219-222,226, 227, 240, 242,
~3,2j4-257,285,478,479,483-483,493,494, 512,
513,519-521,5?8,545,5&6,552,553, 561-563, 5%-

%ns,

577,581,582,564,588,594,597, 598,710, 711, 730.

732-734,737, 740,746,147, i51,75?, 754, 759, 762.
763,76ti-770,772-774,784-i87,794,796, i97, SO6-

810,812,813,819-825,829,830,833-835,861, 668,
OlivIer, 1,ronee S., 425, 6 4 i .
OSeal, Alfred )I., 156.
OSeal, E;dirard A . , 434, 637.
Orr, Jarurs I,. (Sonth Carolina).
Delegate to Prorisional Congress, 844.

395,40i. 414,565, 636,638,640, 641, 643, 661,

F 6 i , FU9,740.

Committees:
Claims, 197.
Engrossment, 169,310,401,530,550,556,569, 5 i 4 ,
580,583, .585, 590,597,603,612,616,619, 619, 630,
641, 6c52,6.53,6F1,655, Gi5. GiF,679,683, 685, 690,
695, (BY, 709, 711, il,729,730.
Patents, 169.

Special, F39.
Delegate to Provisional Congress, 159.
Petitiona, papers, etc., presented by, 309, 341,

sai, 736.
Yea and nay votes, 181,195,203,209,211-213, 217,
219-222, 226, 2Ei,24O,247,2<&t, 308, 312, 346, 347,
359,ar;4,380,3x5-388,391,393,395, 395, 398,4M)405,-109,41.%l1~,4lY-~21,442,445, 449,430, 452,
454,463,5l52,.513,5i9-j21,32Y,529, Y31, 534,545,
53L--5,54,556,563,5i3, 575-5i7,581, W2, 5S4,597599,604, mi, 619,621,622,627,630, 633, C39, 641,
6.12,645,646, 651,632,655,657,658, 666, 686, 669,
6i3-tii5,6i7,680.6S1,G8fi,69~,710, 711, 7 3 0 , W 534,740,741,74i-749.
Orr, John Jf., 525.
Osage Sation.

Treaty with Coniederate States, 601.

Otey, U. G . , 706.

Otey, W. S. l., 5li.

Oury, Uranrille H . (Arizona).
Cornpensstion, 7 i 6 , 777, $13.
Delegate to provisional Congress, 551, 585, 701.
Orerby, It. R., F08.
Overton, G . B., 608.
Overton, Thonins, 424, 706.
Owen, James P., 728.
O w n , Philip b., 156.
Oiren, Thonius JI., $26.
Onen, W. B . , 608.
Owens, Charles D., 52.5.
Owens, Ed. d., 5%.
Owens, James B. (Florida).
Committees:
45, 50, 105.
L4cc~i~nts,
Constitution (Pernianent), 42.

876,880,883-885,890-894, S9G, 924.

Pace, Janica T., 529.
Page, ishani R., 7311.

Page, John, g26.

Page, Johii R., i38.
Page, L. H., 515.
Page, Richard I,., 298.
l u ~ e ,Itobrrt I>., 73s.
Page, Rufus H., 23.
Page, Thomas J., 298.
Pninr, W. YY., 816.
Palfrey, 6.A., 439, 514.
Palnier, 5. H., 761
Paliner, T. K., 594
Paris, John, 608
P:iriaL,Horacs A., 648
kirk, R. IY., 738.
Parker, F. L., 739
Parker. F. S., 515.
Parker, J:iine4 l.. -123,828, 843.
Parker, ,Johli I!., 712.
Parker, Williiirri H., 296.
Parrfsh, C. W., 539
Parrish, James, 538.
Pass, W. S., 6 CO., 309, 381.
Passports, 488, 682, 699, 833.
Pate, Henry Cloy, 281.

Patent Onlee.
$,stablishment, 63, 75, 112, 171, 205, 230-233, 239241, 249, 263,312,316,431, 432,418,4~1,5)0, Ci6,
677,698,716, 713,756.

PaLeutS.
Caveats for in1 entions, 71, 98, 103,176, lh;
Communications concerning, 51, 66, 50, 80, !JO,
93, 94, 106.

Dccds of transfer, 410. 488.

15suance of,203, 230-233, 239-241, 263.
Pntillo, George It., F08.
Petridge, Isaac JI., 439, 524
Patterson, Ciharle~EL, 424.706.
pattercon, John E., 439, 525
pattrrsnn, Iary, Steamer, 709, 762.
Patterson, H. U., 625.
pattlson, Bou)ilmIn, 1%~.
Patton, Wllliam F., 29i.
Patton, Y. S., 623.
pavley, James H., 439,5%
Paxton, Jaiues 61., 625.
Paxton, W. E., 618
Paxton, \Ir.
U., 516.
pay and illileage. See CompmsUlfO?b.
Payne, ,John I)., 425, 827.
Pajne, Bice W., 626.

966

INDEX.

Payne, W. S., G48.

Payne, William D., 340.
Payne, William J., 540.
Peace Convention, Feb. 4, 1801.

Borth Carolina Commissioners, 23.

Pearce, 1.B., 524.
Peay, John C. ,648.
ck, Lalayette, 705.
ek, w. n., tm.
Peek, W. H., 739.
Peebles, P. A., 439,525.
Pegrani, James W., 516.
Pegrani, John, 423, 496.
Pegram, John C., 517.
Pegram, Robert B., 2%.
Pcgues, Thomas W., 283.
Pelham, John, 155.
Pellloer, A. D., 81, 63, 73, 115, 175.
Pelot, Thomas P., 158.
Pemberton. J. C., 307, 323, 671.
Pemberton, W. S., 439, 525.
fender, David, 440.
Pender, \Villiam D., 155
Pendleton, A. S., Rlfi.
Pendleton, C. S., h39.
Pendleton, Edmund, 501.
Pesdleton, Henry, 625.
Pendleton, J. L., 526.
Pendleton, Thornton P., 440, 624.
Pendletoii. \YSlliani 6.. 423.
Pennjbwker, Thomas J., 517.
Pensacola and Georgia, and Yavauiiali, hlbanr and
(iulf Hiri1rotid.i.
Connection of, 819.
Pensseola rind Georgia Il:rilroad Coinpany, 126,147,
186,252.
Pensions.
Continuance of, 333, 3i8,381.
Invalid, 152, 187, 216.
Provision for payment, 597.
Penton, J. b., 839
Pcrkins, James P., 517.
Perkiiis, John, jr. (Louinana).
Bills, resolutions, etc., introduced by, 49, 58,63,
69, 142, 175, 182, 203, 212, 227,249, 2ib, 289, LYO,
204,308,310, 322, 327, 336,340,347,393,400,432,
443,450, 523, <%4, 549,5i7,597,63i, 642,643,650,
GCI, 652,699, 711, 730, 778,791,807,8?2,8&3,884,
892.
Committeeu.
Commercial and Fiiianciril Independence,

Perkin& John, Jr.--Coiitinne~l.

Pea and nay votes-Continued.
4i9, 483485, 493,494, 312,313,519-521,,528,$29,

710, 711, 730, i&L-iM, 537,741, i4&iXI, T;).?, i:A,

-_~ ~ x559,
i , 562, iii.?,
iW-ii0,72-ii4,i80, W&-iXIi,
i 8 8 , 790, i 9 2 , iY4, i9G, 79i. 799-801,806-80X, $10812, 819-825, R29,831,833,S31, s19,SXX-Rfiti, 880894, 89F, 924.

Perpetuating Tt&niony.
Blrtves abducted, 284, 3 X , 428, 433, 441443, 453,
R G , GOS.

Perrin, E. B., 738.

Perry, Iladison S., 14, 23.
Perry, V. I,., 788.
Persinper, Gcorpa 1. 636.
Pertle, 11. )I., 626.
Pertle, d. A . , 540.
Peterkin, Josliu:i, 283.
Peters, 6 . T., 6!3.
Peters, Thomas, 438, 524, 624.
Peters, W. E., 506.
Peters k. Reed, 300, 33.
Petrie, Gmrg? H. W., 21. 31, 56, 11&, 230.
Pettigrew, Rev., :%i.
Pettigreir, J . 11.. 816.
Pettit, Alfred T., 81i.
Iettus, E. W.. 498.
Pettua, Jolin J., 130.
Peyton. K. 1,. T. (Missonri).
Delegate to Provisional Congres?, 527, 689.
TW a n d ilwy voter. 695, i O i , i08, 510,711, i30,532734, W , 7,52, 755,759,7(?2, 7K1, iOi-ii0,784, 788,
790,781, i91, i9~i,795,801,802,809,813,820-823.
826,829,830,833-835.

Peyton, W. H., W26.

Pflster. See White, &7iisfo. &

m,,
281, 382.
Phelan, Tiionias, 516.
lhifer, Charles IF., 114, 600.
Philips, S. Moses, 155.
Phillips, Alexander, 439, 624.
Phillips, D. B., 198.
Phillips, Ednartl, 440, 625.
Phillips, If. T., 283.
Phillips, .Joseph, 601.
Phiilips, 11. H.: 625.
Phillips, Kicliard H., 60s.
Philpot, William H., 738.
334, 727.
Plckens, Francis IY., 15, lG, 49. 56, 58.
(onsti tution (Provisional), 22.
Pickens, Samuel B., 156.
Foreign Affairs, 41,187,200, 323, 358, 678.
Pickens, Fort, Fla.
Uilitary Affairs, 174.
Occupatioii, 49, 53, 55, 60, 7 5 , b8.
Printing, 45, 672, 701. 779, 833.
Pickett, George E., Fil.
Rules, 16.
Piekett, Jos. &,343.
Special, 40, 42, 43, 159, 271, 654.
Plckett, Stepton, 625.
Delegate to Proviuonal Congress, 11, 14.
Plckett, W. D., 515, 840, 641, 843.
Petitions, papers, etc , presented b y , 2i7, 280, Plckett, W. I,., 810, 818.
281, 293, 735.
Pierce, Franklin, 163.
Yea and nay votes, l06,121,122,1!?5,131,i32,i37, Pierce, John G . , 440, 625.
141,181, 195, 203, $9,212,213,219-222,226,227,
Pike, Albert.
240,242, 243, 247, 285,308,322,328,3S00,332,335,
Commissioner to Indian nations, 565, 598, 601,
336,339, 342, 344, 347,359,364-366,303,385-3!%3,
W2, 610, lil I , 632-635.
393,395, 397, 398,400-402,404,405,409,412,415Xilitary appointment, 3.13.
417,419,442,445, 449,450,452,454,458,460,4i8,
Pilcher, 31. R., 626.

Illloa, (;ideon d.
Ap1 wi n tnienl, 307.
Thanks of Congrees, V!, 530.
Iirrrkard, L., 8 l i .
Iinvkncy, It. Q . , 626.
Iiirkneg, Eobrrt F., 298.
Iitts. d. >I., 90.
Ilxllt, I. c.,.91.
Plunkett, Thonias B., 283.
Ioe. M~slrinpton,466, 464.
Iolndezter, Carter B., 296.
Point. Francis. 606.
PfJliSIlaC, (!:lnlilluS J., 424, 842, 843.
Polk, James li., 288, 292.
Polk, James K., Jf~s,,
288, 292.
Polk, J,eonidas.
ApImintment, 30i.
l\fentioncrl, 714, 7.14, 7.56, 764.
Thiinkc of Congress, 52;, 530.
Ion11, H. A.. i 3 .
Porrtoiiicrs, 716.
Poor. It. I)., S28, 843.
Poike, .J. I. , 648.
Pope, .James 1%., 840.
Pope, John, 439, 624.
Pope, Williani F., ;783.
Porelier, Philip, 158.
Porteaus, %. B., 626.
Porter, J. D., 609.
Porter, James U., 515.
Porter, James T., 283.
Porter, It. K., 608.
Porter, 1%. C., 1%.
Porter, W.H., 424, 626.
Porter, 1%. W., 516.
Portlock, E. E., jr., 827.
Ports of Entrr.
Additional, 81,94.
Angnsta, Ga., 141.
Houston, Tcx., 218, 246.
Sew Orleans, La., 194,20i,21i,223.
Sabine Pass, Tex., 172,246,260.
Poseg, Carnot%185.
Iostage.
Foreign mail, 90.
Free to soldiers, 210,2ii,286,566,685.
Xembers of Congress, 256,257
Prepayment, 286,287,293, 34,459.
Rates, 62,51-73,i9,94,96,194,211,220,265,286,316,
361,366,4&4,5i, 4G3,466.
Iostirraster-(;eireral.
Appointed (Ellett),8S: (Reagan), 112.
Pon-crs, 141, 141, 1.51,l S i , 199, 201.
Postmasters.
Compensation. 3 1 ,R20.
Post-Om(:c Departinent.
Appropriations. See Bpp?opr&2fbJ*s.
Auditing of accounts, lSi,211,214,21.5,241.
Clerical force, 111,665,691,692,698.
Eptablishmenr anti organization, 66, 69, i2,116,
120,121,194,210,220.
Sominations and confirmations, 63,112,2fi3,292,
3::1,:?3i, 364, 40i,456.164,666.
Postmaster-General (Ellet,t),65; (Reagan), 112.
Post-OWGPS.
Collection and distribution of money remainina from United States service, 341,429,430,
453, 656, G5i, 68-1,696.

Poston, H. H., 540.

Post Routes. See dpail senrice.
loteat, J. >I., 516
Potter, A. L., 608.

PO@.,

Rlchard, 423,495,738.

Powell, A. H., 738

Powell, E., 627,
Poweli, Edward, 424,826
Powell, J. S., 440,625
Posell, J. vy., 73s.
Powell, YYllliani 1). h-uiy, 296.
Powell, William L., Quartermaster,440, 625.
Power, W. C., 606
Powerr, John B., F86
lrachenskj, d., 608
Pratt, keorge W., 608
Presidorrt of the Confedcrate States.
Election, 39,40.
Inauguration, 53,62-66
See 11ko -%vzs
.Jrfe?voon.
President of the United 4tates.
See Buclicman, JamLs, and Lincoln,Ab?aha?n
Preshtinan, h. \\ 810,818
Prestidge, J a m s h., 839
Preston, Edward C., 647.
Preston, J. T. L., 514
Pre\tm, John, jr., 516.
Preston, John S., 343
Preston, Thomab W., 817.
Preston, \$alter (Virginia).
Delegate to Pro! isional Congress, 276.
Resolntion offered by, 305.
Pea and iiav Totes, 265,30b, 323,328-330,332,335,

.,

336, 339,342,347,363,

366, A80,386-389,398,399,
401,403-405,409, 412,41C417,419421,441, 143,
445,446, 449,454,456, 459, 463, 478,4i), 483486,
493, i12, j13,519-521, 528, 32Yl :131,5,34,545,i16,
553-535,
, 502, 563, ,173, l i b , 5i7, a81, 184,
j89, 633,
, biJ-b7,1, hhl, 683, 685,686,05,
iOb, i11,730,73J,i37,740, i41,i47-7$OO,75, 755,
556,762
Preston, ~\illiam,541.

Pre\ton, I\ illldin I%allard(Virginia)

Ameiidmenr offcrcd by, 527
Commiwoner for Virginia, 189,191
Committee on Yilitarg Affair\, 110,450, 457, 593.
Delegate to Provisional Congrew, 271.
Yea. and n3) votes, 305,323,328-r30, 332, 336, 336,
339,342,31&34i, 359,364-366, ?SO, 383 386, 387,
189,391,39i,39&401,403-405, 409, 412, 415-417,

419-121,427 441,443,446.446,449, 451, 4B2,

4iG,459,480,461,478 483,4Y2-494, 512. 513, 519521,528,529 531 534,545, 546, 553-576, 558, 559,
iO2,563,57.3,576,577,581, X A 581, 585, 549, 894,

597,599
Prewitt, Samuel, 625
Price, 11. A., Gob.
Prlce, SterlinF.
Xentioned, 481, 6 3
Thanksof Congrcss, ,518, 519, 821.
Price, William X., 704
Priestl), 11illiaru, 283.
Iringle, Jaiiros K., 438
Iringk, Xotte A., 520
Printers. See Publie Ir mlws.
Prioleau, It. H., 739
Prisoner$, Political.
Protection, 293, 301, 313, 323, 432, 660.

INDEX.
Prlnoncra of War.
Clothing, 699, 75.3.
Retaliation, 273, 341,356,358,362,393,429,431,433,
451,719,805,5538.
Treatment, 260,264,333,391,392,395,399,428.
Pritchard, J. L., 238.
Prltchard, Paul, 816
privateers and Privatewing, 165, 166, 341, 358,395.
Private Property.
Depredations and seizures, 291,3Y1,3d4,378
Destruction, 477, 548, 643,715.
Impressments, 314,397,431.
Perpetnation of testimony, 359, 428, 433,441-443,
453, 565, 605.
Unclaimed, 372, 384.
Prizes and Prize Qoods.
Relinquishment of claims, 627, 826, 8.32.
Sale and distribution, 182, 210, 214, 2'23, 323, 360,
446, 447, 453, 533
See also MarquP and Reprisal.
Proctor, George, 526.
Proctor, James A., 609.
Produce Loan, 166, 256, 277, 367,429, 478,489, 697,
690.
Pruvlvional Congress. See Congress of the Confed.

erate States (Pvovzszonal).

Purpear, B. C.-Continued.
Delegate to Provisioiial Congress, 271.
Yea aud nay rotes, 285,303, 823,328, 329, 332, 335,
336, 339, 342, 345,317,359,365, 366,3X0,3XB,38.5388,391,393,393,397, 398, 401-405,412, 575-577.
582,584,594,597-599,F04,607,615, 617-619, 621,
622, 627, 633, 710, 711,733.734,737,740,741,747,
748, iB0,762,763,766-770, 780,581,784, 788, 79Y802,819.
Putney, 1Y. R., i39.
Qiiaite, W. 44. I,., 815.
Qunpaw Tribe.
Treaty with Confederate States, 6%.
Quarles, W. A., 51-1.
Quartermaster Departinent.

Increase of, 718,736,73T,812,81:3,832.

Quartermasters.
Marine Corps, 523, 605.
Quattiebauni, Paul J., 156, 514.
Quayle, Willianl, 839.
(luesenbury, IYilllam, 621.
Quillisn. Lewis W., 304.
Quinlnl;. James JI., 439, 525.
(luinn, Jolin JI., 623.
Qnian, Xichael, 299.
Qnfntard, C. T., 608, 815.
Rahb, E. A., 525.
Kae, Constantine, 424.
Ragan, A. B., 439, 624.
Ragland, F. G . , 439,524.
Raguet, Heury W., 503.
Rallroafl Iron.
Confiscation. 236, 245.
Disposition, 260. 26.1, 430, 431, 413.
Dut,ies, 46, 59, 123, 148, 151, 239. 251, 252, 261.

Provlsionrl Forces.
Additional field oBcers, 288, 306, 305.
(:ontinuance of major-generals and brigadiergenerals, 819.
Efficiency, instruction, ek., 532,691.
Increase of pay, 546, 559, 679. 562, 563, 716.
Supernumerary lieutenants, 379, 380, 38i, 4bl.
Volunteers from States, 73, 74, 92, 93.
See also Volunteevs.
Provislonxl Qoverument.
Establishment of,19-21.
See also Constitptzon OJ th8 Confederate States RaiiroadFi.
(Prouisionul).'
CollstrUCti~ll,3%, 379, 470, 477, -by, 548, 566, 586,
or, Roger A. (Virginia).
701, 719, 728, 731-534.7J7, Zi, 758, i(i'-764,7GGAmendments offered by, 655, 728.
768, 770, 7i3,779,581.782,764, 810, 819, 821,822.
Committees:
832.
Military Affairs, 640, 844, 665,670,678, 716, 728,
Government aid, 22G, 258, 361.
819, 840.
President to take control, 3%.
Special, 670,Gi2.
Transportation of troops and snpplies, 280, 290,
elegate to Provisional Congress, 279
295, 30.5, 805.
etitions, papers, etc., presented by, 6.54.
Rainey, A. T., 815.
Yea and nay votes, 285,483186,641,645, 646,651, Rains, Gabriei d., 473.
652,655-667, 668,673-675, 677, 679-681, 683,li85, Rains, George W., 423.
M)6,708, 711, 762, 763,766-770,772,773,791,797,
ltambo, James K.. 626.
806,813, 819, 821-823,829-831, S33-835,849.
Ramsap, It. >I., ,536.
ublic Defessc.
Ranisear, David P., 423, 495.
Provision for, 75, 105, 108-110, 174, 187, 188, 1 9 ~Bamseur, Stephen D., 705.
199,203,206,207,210,911,2S5,292, 301, 306,312, Ranisey, J. C., 283,691, 729.
313,315,319,321,32~5-3!27,691,715,730.
Ranme)-, Joseph, 366, 372.
ublic Lantis.
Rand, Noyes, 648.
Right or title to,80,110,113,124,143-145,151.
Randal, Horace, 423, 516, GOO.
See also Forts, Arsenals, etc.
Randolph, George \l'., 811.
Public Printers, 19,60,%, 2 7 6 , 2 7 8 , 2 8 1 , ~ ~ .
Randolph, Peyton, 424, 706.
PuMh l*rintt%, 51,54,60,77,80,86,87, 93,281,264, Rasdolph, Victor >I., 156, 260, 488, 676.
295, 374, 382.
Randolph William ]I., ,549, 560.
PnblIc Printing, Bureau of, 217,223,37i, 443.
Rancy, David G., 266, 818.
Puakett, T. B., 439, 524.
Rankin, K. G., 440.
Purvinuoa, James, 739.
Ranncy, H. .J., U24.
Yuryear, R. C. (North Csroliua).
Bansom, John JI., 625.
Committee on Naval Affairs, 362.
Bansom, L. C., 608.

Ransom, Xatthem 17,

C:ommissioner from Plorth Carolina to proviisional Congrem, ~ , 2 5 .
Hansom, Ilobert, Jr., 496.
HilrlhOn, A. R. H., 827.
Katrhford, S. W., 514.
Qatcliffe, I T . P., 608.
Hations f o r the Army, 305, 311, 312, 3i5, 411, 450,
4.53, 457, 458, 462, m, 487, 805.
llay, George If., 608.
Ray, d. E. H., 224.
Kag. L. >I., 539.
Ray, S. G . , 623.
Kay, Williani D.. ,540.
Say, \Villiam I!;., 539.
Head, Rev., 299.
&ad, ChilrlQS lv., 712.
Read, Edmund G., 712.
Head, J. R., 704.
Read, .Jacob, 266.
Read, John B., 54,56.
Ready, \Tilliarn J., 516.
Reaqan, J o h n H. (Texas).
Hills, re.whitions, etc., introdiiced hy, 100. 227,
287,418,419,432, 466,475,692,807,%3, RIB, RS7,
894.
Delegate to Provisional Congress, 9i.
Postmaster-General, 112.
Yea and nag Totes, 98, 106,122, 125, 181, 221,222,
226,227,210, 242,243,285,328, 3U,380,386-388,
391,393,395,398402,404,405,412,417, 419-421,
445, 446,451, 452, 4.%,455,460,463,.519-521, <528,
529,553, 555, 5S6,5.59,573, 576,577, 561, 599,601,
607,616, 617-619,630,633, 65i,675,686,695, i l l ,
i.iO,759,768,i86,811,814,825, S31,849,869,8il873, 878, 881, 884, 885, 896, 924.
Recognition by Foreign Powers.
Commercial advantages, 3Fj.S. 3i7.
Segotiations, 42,46, 49, 166,28F, 314, 375, 650, 666.
Reernltlng Service.

Establishment for volunteers from Delaware,

Kentucky, BIaryland, and 3lisouri, 377,
402, 411413, 451, 529, 741.
Hector, Thomas, 439, 526.
Kcdwood, Robert H., 7%.
Reed. See Peters & Reed, 300, 323.
Reed, Ilobert K.,704.
Reed, Thoinis K.. B26.
Reea, Lucius ci., 761.
Keese, James T., 758.
Keese, John J., W .
~ e g i s t r a t i o nof Vessels, 107, 110.
Reid. Bee ,Shorter k Reid.
lleid, David S.
Commissioner from Sorth Cerolina to P e m
Conrcntion, 23.
Beid, Frsucls W., 625.
Reid, J. X., 288,292,407,464.
Reid, John, 704.
Reld, I1. A., 439, 524.

Reily, James, 503.

Reily, John, 516.
Kensham, Francis B., 167.
Reprisals on Land, 322.
liequier, A. J., 185.

KeRerve Indians.
Treaty m t h Confederate St&=@
Retaliation.
prisoners of mar, 273, 341, w, 358,362,395,4~s,
432, 433, 451, 719, 805, 833.
lierely, K. W., 425, S2i.
Itevenue.
Imports from foreign countries, 9 i , 120, 131, 171,
234r-236, 242,263, 310, 313, 371, 352.
Instructions to Finance Committee, 41.
See also Uc&oms ~ u t m .
Rejnolds, A. W., 436,606.
Reynolds, F. A., 817.
fleyuolds, George S., 1%.
Relnolds. J o l ~ nA., G08.
Reynolds, Thonias C., 649,564.
Bhett, Alfred, 155.
Rliett, Robert Barnnell, sr. (South Carolina).
Bills, resolutions, etc., introduced by, 25, 33-35,
40,41.91,92,144,150,152,170,178,214,229,241,
250,2S5,293,316,358,301,428,476,489, X9,5%,
561, 568,575, 588,690, 691, 509,767,796,864,866,
87CSiB,R79, 882,891, 893.

Committees
Commercial and Financial Independence,334.
Constitution (Permanent), 42, 87, 210
Foreign Affairs, 44, 49, R!,87, 93, 114, 173, 182,
207, 225, 245, 310, 314.
lnauquration, 54.
Special, 16, 40.
Delegate to lro\isional Congrexs, 11, 15.
Petitions, papers, etc., presented by, 245.
Yea and nay votes, 78,91,92,98, 106, 121,122,126,
131,1?2,1Sl, 195,203,209,212,213,217,219-222.
226, 240, 2Q, 213,247, 285, 308, 329, 328-330,835,
336, 339, 312,347,3c59,3&I-36(1,330,383,38C~388,
391,394395,397,398,40040?, 404, 405,409,412,
4&tii, 41W21, 441,443,448,446, 449, 451,4h2,
454,455,438,460,463,4?8,479,483-485,499,494,
512, 513,521, 528,529,531, 546, 540, 653, 551, 66i56,
558, m,m , 563,573,575-577, &a,
58y, 5bl,;,2(9,
597, 585, 63-680, 708,710, 711, 7J0, 7j3, 734. 737,
710,741,i 17-750, 752, is%,739, 7A2,763,766-7b8,
-?) _i i-, (13, 780,751,784,785,793,791,796,707, hOfih10,812,814, b19425,8L9-XYI, 801,868,871-873,
8i8, 880,Rlil,883-(iYG,691-891,8L16,924.
Rlrett. Ilolaud, 0%
Rhett. Thoinah u., 155.
Llliodes, Charles H., 410.
Lthodes, 31. J., 284.
Blrodes, Rufus K., 268
Pice, C. A., 738.

Iiivh, d:ibtv C., 586.

Rich, I.llciUb I,., 424, 436, 502.
Itichartl~. See >;dqWto?k k Kiclinrda, 2x1.
LLiielinrdb, A. Peeeo, MO.
Ricliarth, 11. U., jr., 625.
[(icliardson, Chtirleq, 828, 843.
Rirhsrdson, Dc~nieI,626.
Richardson, P., 283.
Plclrardson, 5. P., 606.
Richiirdson, JanlPS G . , 525. 668.
Kiclisrdcon, John D., M i .
Rlrhurdson, J O ~ H
I.I, 436, 306.

970

INDEX.

Richardson, Robert, 517, 568.

Ulchle, James H., 608.
Richmond, John X., 739.
KIchmond, W. B., 706.
Remoiral of seat of government to, li3.106,208,
211-213, 225, 242, 243, 245, 254-257, 261, 263,

mond and Danville, and Sorth Carolina RailConnection of, 470, 477, 548, 566, 586,7&1-734,W,
762-i64,766-i68, i70, 781,782,784.
Ricketts, E. D., 539.
Hiddiek, R. H., 422, 4'24, 514, bOO.
Biddlck, Washington L., 515.
Ridgeway, Benjamin F., 623.
Ridgway, John, 540.
Ridlep, J. S., 525.
KIggs, Benjamin H., 739.
Riyhtor, N. H., 501.
Rile), Ed. B. D., 826.
Kingo, Daniel, 2G8.
Ripley, F. H., 8 3 i , $41, 843.
Ripley, llosmell S., 343.
Kitchie, Dayid P., 648.
Ritehie, George H., 536.
Rltenour, X., 739.
River and Harbor Defenses.
Cumberland and Tennessee Rivers, 565,587,606,
621.
Flortting defense-, 182,&38,645, G51,661,6iFi.
Florida coast, 405.
Report of committee, 75.
Rives, A. L., 811. 818.
Hlves, Edward, 738.
Rives, Georac E., 686.
Rives, Timothy, 526.
Rives, William C. (Virginia).
Bills, rcsolutions, ctc., introduced hp, 5hh, h44,
660, 664.
Committees:
Foreign Affairs, 213.
Special, 289.
Delegate to Provisional Congress, 192, 21 4.
Petitions, papers, etc., presented by, 277.
Yea and nay votes, 217,219-2-222,226,?27,210,242,
243, 247,255-257, 285,308,352,335,336,342,348,
359,364-866, YbO, 3W, 887,389, 393, 396402,404,
409, 412, 416, 417, 4lc&4'L1,44Y,469,4Kr 4Th, 4i9,
38348% 493,494,512,513,519,521, a& a29, 531,
531, 545, 546, 5,51-,536,5,%, W9,562,563,5;3,556,
581,5W, 685,589, ,507,599, 616-619, 630, 639,641,
642, 645, 646, 6c32,655-65S,6(i6, 668, (k9 Oi3-h76,
683-685, 695, i O S , 711,733,734,747,748,755,i%,
XG570,785,736,7!M, 797, 799-801, 808, 809,814,
831.
Hlves, Wrlght, 155
itoach, 1
.B., 608.
Kobb, Kobrrt G., 298.
Iiobbias, Julius A., 439, 624.
Robernon, Riehnrd S., 60s.
KObertb, AS:% S., 625.
Bobert8, John T., 440, 625.
Woherts, 0r:m X., 80, 145, 146.
Roberts, P. G., 608.
Boherts, R. H., 608.
t
Roberts, Samuel b., 81i.

Roberts, W. W., 836.

Robertson, A. F., 439.
Kobertson, R. B., 600.
Robertson, F. U., 738.
Itobertson, Felix If., 155, 516.
Plobertson, George, 430.

Itohertson, George B., 439, 525.

Robertson, J. B., SU5.
Robertson, John, FSP.
Ilobcrtson, John C., 94.
Bobertson, Kiciiara F., G Y , $24.
Robertson, W. b., 7%.
Ilobinson, Cornelius (Alabama).
Committee on Foetal Affairs, 5-14.
Delegate t o Provisional Congress, 306.
Resigriatiun, 69s.
Pea ancl n a y votes, 512, 513, 519421, 528, 531,
545, 546, 559-%5, 667-559, 261-583, X S 5 i i .
Ilobinson, ,John I.,682.
nobinsoa, x. T. s., 226.
Bobinson, i'. I%.,62Robinson, P. C. 7
Ilobinson, Povhiitnn, 811, 811.
Robinson, T. L., 739.
Ilobinson, Thomas, 525,
Robinson, W. B., 826.
Itohinson, W. 1). ,440.
Hocltelle. James Ii., 296.
Kodefer, William, 626.
nodes, R. E., 474.
Rogers, Charles H., 439, 525.
Rogers, J. D., 525.
Rogers, J. >I., 738.
RozerR, James, 648.
Kowrs, John
624.
Rogers, Thnckrr, 5%.
~

Ilogerfi, W. H., M G .
Hogerli, W. S.. 704.
Ilolling 3lills.I,oconiotires, etc.
Consrruction, 586,701, 766.
ItOllS, Her., 109.
Rornaa, Andrew B.
Commissioner to the Cnitcd States, 86, 207.
Knot, John R., 456.
Ilootes, Tlionias H., 298.
Hosr, H. X., 540.
Kose, Sheldon li., 608.
Ross, E. >I., 672.
Ross, Ebelirzcr BcE., 425, 8!!&
Iloss, George, 739.
RObS, L. s., 504.
Itciss, Reuben R., 628, i02.
Rus-i, Tiinmas L., 18.5.
Kosser, G. C., 640.
Bosser, Thomas L., 1%.
Rost, Peter A.
Commissioner to Europe, 89, 93.
Kous~enii,Lairrenee, 136, 260.
Routh, .Job, 648.
Rowe, I:. H., 5%.
Rowland, A. X., 156.
B o d a n d , Thomas, 425.
Ruby, .Jnhn C., 625.
Kuclier, E. W.,706.
Kucld, John S., 527.
HudIrr, A. F., 500, 568.
HuBIn, Frank G . , 438, 524.

,
KuIRn, Thonias (Sorth Carolina).
rommissioner from Sorth Carolina to Peace
Coiircntion, 23.
Delegate to Provkional Cgngress, 280.
Yea find nay votes, 285,908,323, 328-330,332,3&5,
3:%, 342,347, 359,364,695, iO7, 708,710,711,730,
733, 734, i37, 741, 547-430,752,755, ij9,762,763,
766-i70,572-774,780,781,784-788,790,
806, 807,
813,819-824, 829,851,849.
fluflla, IVIlliam. 648.
Ilugrles, Daniel, 321, 333.
t~unible,S. E., 626.
Itusliton, 31. Q., 509.
itussell, Charles IT. (Virginia).
~o111tio11s.etc.. introducefi by, 281, 284,
09,31.5,578,588,,589, GlS, 644, 649, 654,731,

Ietition.s, papers, elc., presented by, 300, 316.

Tea and nay T-otcs, 28.5,508,323,32Pr330,332, 335,
336,342,34.>,478,479, 483486,493, 494, 512, 513,
321,528,529,531,$34, .%a, 546, 553,,554, 562,563,
573,57i, 581,582, <585,589,698,599, 60i, 618, 613,
621, 622,627,630,633,641, 646,646, 651, 66%G58,
666,668,669, Gi3-6i5,695,708, ill, 730. 740,741,
14/-,~0;762,iRR,
r ri56,759,762,i72, 773, 760, 761,
i 8 C i 8 7 , 7 9 0 , 791,793,794,796, 797, 799, 806, 807,
809,S14,819,821-62.5,829-831,833,834,M9.
Ilussell, I). K., 435, 838.
Russell, .J. d., 540.
Russell, J. I%., 827.

Itnst, Mliert (Arkinisas).

Bills, ctc.. intmdnccd by, 260.
Committee on Postal Affairs, 244.
nclpgate to Provisional Congress, 244.
Military appointments, 434, 498.
Tea and nay votes. 247.254-257, 483, 319, ,720, ,528,
581, 695%70i, 711,732-734,785, i40,741.
Kust, 8. F., 5%.
Kust, J. >I., $39.
Kust, .James A.? 626.
liust, William, 283.
Rutherford, A. H., 761.
Rutherford, J o h n C., 517.
Kutlrerford, It. R., 840.
Rutledge, Henry JJ., 425, 827.
Rutlrdee, John, 157.
R p l s , 6 . X., 601.
Ky:in, .John S.: 825.
E ~ l a i i d ,Rev., 376.
Sahine Pass, Tes.
Defenses, 173, ZB.5.
Port of entry, 172, 2%. 260.
dler, J. h., 648.
flarans, J., 626.
pe, R. J . , 643.
Ciair, (ieor+!e It., 601.
Jolin, I. I:.? 810, XIP.
Iaries. See Compensntion.
ndels, John. 608.
nders, Charlrr, 516.
riders, J. B., 648.
nders, K. IT.? 816.
nders, W. H., 736.

Sanderson, John P. (Florida).

Committees:
Claims, 761.
3filltary Affairs, 761, 619.
Pubhe Lands, 761.
Special, 831.
Delegate to Provisional Congress, 767.
Pea aiid nay votes, 759,761,7G3,766-770,772,773,
780,784-790,792,794,796, 797, 799-802, $06-808,
811-813,819-822,824,829,830,833-835,849.
Sandford, John W., jr., 298.
Sandidse, hucier D., 155.
Sandoe, Ueorgc, 283
Sand4 L Edwards, 51.
Sniidy, P. b., 625.
salmg, Thomas J., 704.
Sanford, d. It. A., 439,Bw.
Sanford, W. H., 6.23.
Snppers and Bonibaidicrs.
Authorized, 235, 213.
Snundera, A. V., 626.
Saundcrs, E. T., 6%.
Swnders, Fleming, 026.
Snundcrs, John S., 423, 705.
Hnvannah, dlbrny niid 6ulf Hailroad, 819.
Suiiyer, Jameq P., 525.
Sswycr, Saniuel T., 521.
Sayers, Juaeph D., 516.
Sayerg, s. It., 738.
Sayre, C a b i n L., 266
Scat?, .J. D., 540.
Seaife, J . W., 646, 659, 682, 693.
Scales, E. D., 526.
Scales, S. E., 440, 625
Seanlxn, E., 626.
r
Srarhurph. Qrorge P., 549, 664.
liarffer, F. B., 672.
haller, Frank, 502, 838.
hmitit, Daniel IF., 739.
hoolfleld, W. D., 440,626.
utt, A. Hoxwrd, 739.
ott, A. S., 517.
ott, Andren G., 440, 624.
O l t , ti. w.,$28
Scott, Grorpe, 626.
Scott, Isaac, 106.
Scott, John, 166.
srutt, Itobrrt 5:. (Virginla).
B~lls,ieqolntions, etr , Introduced by, 316, 409,
122,557,572.

Committee, Spccial, 468.

Delegate to Provlsloliul C O n g r W , 276
Ictitions, papers, etc , pres.cntrd b \ , 281, 357,
457, 489
yea and niiy vote\, 285,308,323,3%,330,3Y2,333,
?,36,339,3?, 315,347,3M-366,380, 386, 387, 389,
391, 393, 895, 39WO1,40340i,409,412,415-417,
419-421,427,411,443,445,416,4~9, 451, 4% 454,
456, 459, 460,463,493,494, 51ZJ513, 628,529,531,
5 3 , :&I546,
, 553-556,558,559, 5@,563,573,876,
,j77,708,i11,730,731,734,740,741, 747, 748, 75%
i;5, 766, 759, i66-770,78l,i84-788,790,791,793,
794, i96, 797, 799-801, 806,808-811,813, 814, 821825,829-831,849.
Srott, S. S., 539

972

INDEX.

Scott. Spencer B., 816.

Scott, Thomas X., 705.
Screven, Richard D., 672
Scrag~s,L. S., 626.
Scurry, IVilllam R., 508.
Seabrook, E. JI., 7.39
Seal of the Confederate States, 42, 261.
See also Cmmittee on Flag and Sml
Seamen.
Additional pnlistments, ,547, 531
Sears, J. W., 739.
Seat of Government of the Confederatr State%
Appropriation for removal, 2C3, 6F0, 715, 739,814,

Seml i l e, daines, 733,

Sequestration.
Board of commissioners. SFi.64,694.
Estates, 511,56i1563,651, i l i .
See also A i m Ewvries.
Serseauts.

Increase i n light infantry, %9L,4

Pay of, i n certain regiment, 339,
Settle, E. n., 525.
832
Removal, 30,173,244,245,2X-257,264,3F2,381,415, Settle, John A., 439,F12.t.
Yererson, Charles Y., I?.
413. 444.
Seward, I\~ilIiiimH., 16:3,164,19i.
Seay, Joseph X., 626.
Sexton, .Jos. C., 525.
Secesslon, 41, 58.
SIiaaff, Artltur, 156.
See also respective States.
Sliaaff, .JoIin T., 154.
Secretary of the Kavy.
Shackelford, F. It., 3 4 .
Appointed (Xalloryj, 106.
Shane, doliu, 516.
Secretary of State.
Shannon, Peter J., 840.
Appointed (Toombs), 73, (Hunter), 282.
Secretary of State, E. S. See Seward, William I. Sharp, Fdwin V., 45.
Sliarp, Thomas 11.: F96.
Secretary of the Treasury.
Sharp, Williani, 297.
Appointed (Memminger), 73.
Siiaw, Franklin, GE.
Authorized to appoint special agents, 151, 162.
Shnw, George T., 526.
Secretary of War.
Shawhan, Jotiii, 618.
Appointed (Walker), 73, (Benjamin), 474.
Seddon, James A. (Yirgnia).
Yliawnees. See Seneca mid Shawnee A?ktio?i.
Bills, resolutions, etc., introduced by, 284, 331, Siieats, 8. V., 625.
333, 357, 375, 389, 392,477,488,008,574,581,640, Sheeren, P., 608.
Slieffey, Hugh W., 688.
644,660, 662, 6F3,6h5,755,561, 801.
Committee, Special, 639.
Shelby, 6. A., 739.
Shellinan, dosepli X.. 51.
Delegate to Provisional Coiigres, 251.
Petitions, papers, etc., presented b ) , 450.
Slicpard, Jolin T., tM;.
Yea aiid nay Totes, 285,308,323,328-3.i0,33?, 333,
Slirplierfi, Rev., (2.
33G,339,3.12,345,347,09,364-366, 380, SXS, 3SF, Siieplierd, F. K., 645,
387,389,391,393,396,39P-402, 404, 405, 412, 41-,, Hiiepiierd, H., 325.
417,419-421,405,441,4-13, 443,449, 451, 454, 456,
459,460,478, Ii9, 183,455,487, 493, 494, 512, 513,
519-521,528, .529, 531,534, J4i, 54G, %A,656, k58,
,559,562,563,
573, 5i6,377,381, 582, 584, 583,559,
630,639,641,6&2,615,646,651, 652, 635-Gj8, 666,
668,669,673475, 679-681,653,68i, 6.36, 695, 708,
711,730,73.3,7S1,737,740,741, 747-i50, 732, 755,
756,759,762-761, 76G770,772, 7i3, 781, 78G787,
791,793,794,796,797, 799-RO2, R06-811, 513,819,
821-825,829-831,833-835, ,849.
Seeley, Rev., 293, 689, 694, 698.
Sehoa, John 1,. , 023, 694, 729.
Seldeu, Charles, 739.
Selden, 11. B., 440, 624.
Selden, Joliu A., 526.
Selden, Mlles, 440, 625.

Seldea, Mllex C., jr.. 705.

Solden, VlilliaN R., 706.
Sellera, \Yilllani H.. 517.
Helms and Meridian Ballroad.
Completioii of, 58F, 701, 7F4,810, 821, 822, 832.
Selpli, Colin i@ch(ae,156.
Seininole Katiou.
Loyalty of chief rewarded, 636, 637, 683.
Treaty with Confederate btates, 5F4, 609, 610.
Senilues, A. J., 738.
Sernmes, 0. ,J., 156.
Semmes, Raphael, 53,156, 260.

Sliepperd, F. 1;. 2 9 i .
Skermun, S., 141.
Miorwood, Williain, 439, ,725.
Shields, E. R., 600.
Shorter, Eli S., 8%.
Shorter, UeorSe H., 438,3L1.
Shorter, 11. It., W5.
Shorter, Jolin Gill (Alabama).

Bills, reaolntions, etc., introduced by, 36,68,74,

80, 84,113, 172, 171, 217, 250, 2.56, 829, 358, 381,
430,89.5.

Commit tees:
Accounts, 209.
BuildingR, 4 1 , SO,176,193,205.
Engrossment, 4.5. 51, 54, 55, 60, 63, 64, 69,7l, 77.
79,81,86,89,94,93,97,10i,110,111,116,1l8,l2O,
121,176,181,184,193,197, 203, 20i, 209, 210,218,
214,219,220,23G,241,25-1,257, 259, 262, 2fi4,276,
190,300,303,309,310,312,314, 320, 315-3X, 312,
346,360,361,363,366,367,371, 380, 384, 387. 398,
410,411,413,417,447,4.51,459,4G2,466.

Executive Departments, 4466.

Flag and Yed, 40,42.
Special, 40,43,2GR.
Delegate to Provisioiiai Congress, 11,13.
Petitions, paper$, etc., presented by, 206,281.
Yea and nay votes, 78,91,92.9S,106,121,122,125~
181.19.5,203,209,211-21~, 216,220, 422, 226, 22;;
240,243,247,2X-287,285,308, 328-330, 332, 335,

'.tiorlor. d n l ~ i Gill--Cr,ntinucd.
i
y$:a a n d n s y rotes--Continued,
,.?-1.1,3%3% 364-366, 380, 385-3%, 391,
-.10J,409,412,415,416, 416421,427, 441,
,44&.4s,I%, 454,4%,4%, 460, 462, 483,

Wiort
Sliorter h W e l d .
I'rinter'i to the Conpress, 19, 60.
shotip. Franeis A., 165.
Viowip, W. S., 559.
*tiriver) .Jacob S., 440.
Slirj~<Jck.( W r g e S., 371, 394.
*liuford, 1. H., VL3.
hil+lr)-,H . H . , 3Oi.
%lIiiq. d. T.. 626.
<irk aud \Younded.
.itttle of Manassas. 2 i 6 , 279. 282, 269, 294, 461.
ooks and iinrses lor, 364, 793.
ischarges and furloughs, 487, 519, 520, 669, 570,
6%. 676, 679.
IIospiMl~:,etc., 276, 307, 319, 461, 462.
.~iqJpIi%?
for, 295, 306, 309.
Transportation, 280, 295.
iebert, Ferdinand, 617, 568.
ierre, Joseph, 205.
imklus, E. C., 623.
Simmons, Rex-., 224.
immons, B. H., 623.
immons, W. 1., 608.
ininis, Charles C., 296.
imnis, John D., 297.
imms, Willinni R., c541, 543, ,549.
inionton, Robert F., 439.
impkins, d. ,I., 349.
Simpsou, .James B., 704.
Slnipsoa, Robert T., 438.
Sims, WilIiam B., 839.
Sinclair, Arthur, 298.
Sinclair, George T., Xr., 93.
Sinrlalr, George T., Xuay, 265.
Siuelair, Jolin, 704.
Sfnclair, Xollie A. D., 100.
Slurlair, Wllliant B., 297.
Singleton, Willlam 8 . , 349.
Simon, C. P., 608.
Slack, Rev., 372.
Slaughter, James E., 423, 514.
Slaughter, Phfllp JI., 816.

Slaves.
Captured from hostile Indians, 709, 635,848.
Employment as cooks and nurses, 798.
Importation of African negroes prohibited, 95,
150,171, 246, 247, 301, 302, 317, 318, 509.
Introduction fiom the United States prohibited,
IWJ, 150, 187, 216, 221, 318.
Remuneration for, lust in battle, 664.
Testimony perpetuated in cmes of abduction
by the eriemj-, 28.1, 35'3, 428, 433, 141-4@, 453,

566, 60$.
Slave Trade.

punishment for offenses, 7.1, 78, 79, 82-&5,95-98.

Slidell, John.
Commissioner to France. 447. 471.
Sloan, Benjamin F., 165.
Slovcr, IYilltalu H. ,.5%.

Smead, IVtIltsm E., 439, 525.

Smith, A. X., 503.
Smith, A. Meade, 439, 5%.
smith, Albert G., 517.
Smith, Albert J., 439, 624.
Smith, Alfred B., 525.
Smith, C. X., 625.
Smith, Caleb, 424.
Smith, Cliarles H., Corn. sub., 524.
Smith Charles H., Surg., 422, 495.
Smith, E. Kirby, 155, 307,423,473, 496.
Smith, Edwln, 525.
Smith, F., 727, 819.
Ymlth, 6.P., 515.
Smith, George G., 608.
Smith, George Hnmptou, 424, 827.
Smith, Gustarus W., 473.
~ m f t h James
,
A., 424.
Snilth, Jrmm Df., 703.
h i t h , Jasper A., 517.
Jmith, JOhu A., 263.
Smith, John C., 517.
Smith, John W., &24, 609.
Smith, L. Jnquelhi, 828, S43.
Smith, Larkin, 154, 495.
Jmlth, martin L., 423,496, 815.
Smith, Xelnnctlion, 156.
Smith, S. A., 539.
Smith, Osborn lt., 440,625
Smlth, Blrhrrd B., 285.

Smith, Robert H. (Alabama).

Bills, resolutions, etc., introduced by, 32-34, 36,
38,53,84,94,129,133,135,136,138, 140,180, 183,
ZO7,210,224,22i, 228,231-233, 239, 280, 287, 418,
454,455,476-478,654,750,764,764,795,801, 806,
859.663,858. 882.
Committees
Account5, 45.
Constitution (Permanent), 42.
Constitution (Provisional), 22.
Judiciary, 141, 207, 214, 234, 335,291, 295, 338.
Naval Affairs, 44.
Special, 25, 32, 289, 664.
Delegate to Provisioual Congress, 11, 13.
Petitions, papers, etc., presented by, 63, 54, 333,
488,544.

Yea and nay votes, 78, 91,92,96,106,121,122,131,

137, 141, 181, 203, 209,211-213,216,217,220,~G,
227,240, 242, 243, 254-257,%5,308,329,330,336,
336,338,342, 344, 346,359,3643%,380,383,385,
393,39.5, 397-405, 409, 412,415,416,41!3421,427,
441, 442, 464, 456, 468,460,462,478,479,483,484,
493, 491, 519, 521, 534,543,546,562,562,563,576,
5i7, ,581,582, 584, 688, 639,645,651,652, 655,657,
666, 668, 673-675, 684-686,695, 707,708, 711,732734, 736, 741, 746749, i51,782,7t54,765,759,762,
763, 766-7712,772, 773, 780,785,786,788-790, 7%.
796802, 806812, 861, 868, 871473,876,880,881.
883465,890-894, 896, 924.
Smlth, Robert Inge, 15G.
Smith, Robert N., 525.
h i t l t , Stokes A., 736.
Smith, Sumner J . , 439,624.
gmith, T. IIenderson, 517.
Smith, Thompson L a , 648.
Smith, 'YY. X., 425, 671.

974

INDEX.

Smith, M. h. H. (North Carolina).

Bills, resolutlons, etc., introduccll b!-, 320, 323,

Sp:irrom, Edu;iird-Contiime(l.
Yea ~ ~ 1llay.iotei,
1~1
i s , 91, 92, 98,106, 121,122, U 5 ,

337,33!3,347,353,402,49l,Nl,.iT8, (r92,789,788.

Committees:
Inaugunttion, 765.
Special, 689.
Delegate to ProTisional CongreSs, 2il.
Petitions, papers, etc., presented by, 691.
Yea and nay votes, 285,308,323, 328-330 332,395,
336, 339, 842, 347. 339,36.1-366,380,383,386-388,
391, 393, 395, 398, 400-403,405,409,412,41i, 416,
419d21, 427, 448, 445, 451,452,454,4.55,458,4FJ,
478, 4i9,4i33185, 494, 512,519-521,529,i31, R34,
545, 546, 553, 5 2 , 558,5,59, 5@2,563,573,573,,577,
581, 58'2, 584, 594, 597-5!+9,604.633,639,641,6-1?,
645, 646, 652, 655, Gi7,6jS, 666, FGS, 669,6i3-67.5,
677, 679-681, 686, 696, 707,708,710,711,730, 7J3.
767, 769, 770, 772-774, 784, i?5,787, 788,790,791
Smith, William R., 626.
Smith, William D., 424, 438, 499, 600.
Smith, WIlliam Henr), 438, 524
Smith, Yl'illiani Proctor, 423. 505
Smolders, E., 608.
Smylie, James J., 626
Smythe, James X., 332, 337.
Snead, A. H., 738
Snead, Thomas Id., 482, 483.
Snead, Thomas T. I,., 706.
Snodgrass, D. S., Gob.

Snowden, Charles A., i39, 6'2.1.

Snowden, Harold, 738.
Snowden, J O ~ IH.,
I 4Li
Snowden, Richard S., 514
Soloman, Jolin \\ ,439.
Soruers, S. X., 6'23.
Sorley, Jtciues, 154.
Sorrel, Francis, 428.

455,458,462,478,4i9
319,520,328, 5!29,531,

449, 450, 452,454,

193,494, 512, 515,

Spearuian, John E., G23.

Speer, h n i e l S., 6%.
Jpcncv, Philip Is.. 425.
Spencer, E'. X., 840.
J~c%YT. J . T., ?39.
Sperry, Ales. P., 525.
Spotsmoocl, Charles E'. N., 299ri.
Spotwood, 1Y. A . W., 15i.
Spurlock, I). C., 648.
Spurlock, John L., 303.
Spurrier, Grafton 1). , 440.
Stafford, Frederick, 423.

Stantlinx Coniinittees. See f%mii,iftPcs. Standiny.

Stanly, dohu h., 816.
Rtansbtiry, Sniith, 423.
Staples, Wiiller H. (Virginia).
Bills, rcsoliitions, etc,, in:ruduced ~JJ-, %IT, 2 i i ,
284, 286, 342, 477, iP2, 714, ilY, 75%
Committee on Bfilitary Affairs, 203, 709.
Delegate to Prouisiunal Congress, 192, 193.
Petitions. papers, etc., presented by, 488.

Sorrel, ci. >I., 515

South Caroiina.
Claims against Confederate St,itck, 199, 202, !m,
566, 567, 571

Delegates to Pro! i~ionalCong~t-,., 11, 15, &4.

Secession, 7, 9, 15.
South Carolina, Governor of.
Communications regarding F o r t Srimter, 48,
5fL58.

See ako PicLciia, Ir,.a?iri, If'

South, Ctrro~tuaTroopr:
Ininntry--RF~~.i,iLe?ith, Ist, Pcl, 182, 193.
Mustcr into Confedernte service, 182,1%.
Southern naptlst Conventlon.
Resolutions and report, 237, 238
Spsnn, John J., 705.
Spitrkh, James 0. b., 608.
Sparks, Jesse, 424, 82i.
Sptbrrow, EdwFsrd (Louisiana).
Bills, resolutions, ete., introduced by, 59, 81, 82,

Committees.
Constitution (Permanent), 42.
Flag and Scal, 40. 42.
Indian Affiiirs, 45.
Military AfFairs, 44, 142, 208, 344, 413, 548, 567.
Delegate to Provisional Congresb, 11, 14.
IJetltlOnY, papers, etc., presented by, 61, 176,245.

Starke, Willinin I:., 4Yi. 507.

State Depurtineoc, c. s.
i n t Secretary, S7. h9, lj39, Biz. 680.
iuhiueiit aiid orgiinixaticn, ti+, ti;, 68, i 2 .
Nomfxiations and wnliriiitrlioiis, 73, 282.
Secretaries (Toomba). 73: (Huuter), 28'2.
Stilt(.$.
Claims against Confederate Statcc, 372, 408, 409,
414, 451.

Stationery, 184, 217, 277, 302, 318, 381,,428, 548, G60,

665.

Stexyell, It., 816.

Xten1nbo:rts.
Jurisdiction in caws of libel Rgrrinst, 290, 294.
'
Strdhiiui, George W., 629.
Sti!rle, l\-illi:ini, 629.
Stera, Alcxauder E., 424, i O t i .
Steinor, Frank, 561.
SteyLens, Alexander H. (Georgia).
Address to Provisional Congress, 43.
Bills, resolutions, etc., introdiiced by, 22, :?2
40, 42, 50, 66.88,97.110. 111,199, 203, 215,
234, 233, 244,246, 2 i i , 283, 299,337,652,846,675,
676, 878, 883.
Commissioner to Virginia, 166, 168-191, 193,
316.

INDEX.
S t ( q M m , Alexander H. --Continued.
(:omnu ttees:
(:on:titiltion (lrovisioiirt]),22.
Executiw Departments, 44, 66, 68, 87, 672.
l<llles, 16. 17. 103.
Delegate to Provisional Congress, 11, 14.
Petitions, papers, etc., presentee by, 4 i . 51, 51.
-Presideill, 40, 42, $3, 123, 173, 289.
R l l d llay voles, 91, 91, 98, :OF. 121, 122, 181,
195,20:3,209, 211,219,210,226.227, 210,211,243,
247, 2.74, 236, 265,308, 322,318-530, 332,335,336,
339. 34% 344, 346. 359,301,36:. .478,479,4834$5,
493, 494 512, 513, 519, 520. 528,529, ,531,334.F30,
651 65.5,657, GGG, 668,673-655, 079-681,683-685,
746, 732, 7.3, 755, 769, iG2, i63,i66-766, i70, 772,
780, 792, 792, S12,813, 819-824, 829,830,836,$49,
~

861,868, S7l-S53,878,880,881,883-885,890-S91,
896, 924.
Steplieas, B. Jl., 608.
.Stepheas, Sattian, 209.
Stc.pheiis, Soloinon, 139, $24.
terrett, Isaac S., 2 9 i .
tenart, George tl., 323. .G6, :m2, 600.
tevens, Henry K., 536.
tevens, J. P., F26.
Stweiis, S ~ I I I U
6%.~ ~ ,
Sterens, IYaltcr H., 155, 49%
Steveiison, Carter I., 424, $3;.

Stwensou, J. C., 283.

teveuson, .John A., 215.

c.

~ ~ ~ P U S O I I ,I,.

, 283.

Stovenson, Y. K., @24.

Stewart, Alexander f., 474.
Stewart, Jarues T., 626.
Stewart, illla lam H., $21.
Stiireshley, W. H., 517, 568.
tiekney, Georje I!., 608.
tikes, A., 837.
tiles, W. H., 600.
Stilrrell, Jolm, 3%.
Stftli, F., 517.
Stith, J. H., 140.
Stocliton, E. Caiitey, 297, 344, 365, 372.
Storktoil, Philip it., 155.
Stockton, Wlliiuni T., U 4 , 839.
Stoddert, V. GO&
Stoiie, B. Warreu, 504.
Stone, Hamilton d., 625.
Stone, Swdiue G., 712.
Stoue, V. P.,439, $24.
Stone, \Villiam aI., 81.5.
Stonebrenker, A. S., 626.
Stoiiey, William Iitlniund, 156.
Stows, George Stroug, 70.5.
tout, Jonathan, iO.5.
tout, Steven n., 588, 492.
tovnll, B. I,., 224.
Storail, 1.A., 500, 566.
Storall, Ileasaut, 199.
Strlitli, J . A., iY8.
Strange, Jiimes X., 439.
Strange, IV. F., 282.
Strfbliiig, J o J I ~X., 158,
Strickland, WlllI&nl 8 . , 439, 324.
Rtrickliii, \V. T., 5 l i .
Stringer, Sheldon, 841.
StringfeiIow, Cliarles, 371, 376.

Strons, George V., 283.

StronqBnliu L., 5%.
htroser, L. L., 739.
Btuart, James E. B.
Appointments, 473, 49b.
Mentioned, 651
Stubliiger, Ueorgo DI., 439,625.
Styron, C. W., 648.
%her, CIiri\tiaii H., 440, 625.
subsistence.
Fresh proriaioni for Army, 375,411,460,453,457,
458, 463
See also Coam/nlzs,raryD y a tmoct
~
Sub5titutos for Voluuteers, 361.
Sulukorrskl, P., 1.37, 501.
dulirsne, E. C., 515
Jullens, Darid, 704
Junrniers, i.G., 526
iuniniere, U. P., 525
%aniiiwre,Slmon I,., 357.
Yuninie), U. F., V25
w n r a i l , George, 312
Suuiter, Vessel, 167
Sumter, Fort, S. C.
Occupntlon, 46-49, 53 55, 56, 60, 75 88.
Surrender, 164,1Gi. 174, 201
h p r r i n e Court, 44
See nlio C o w f ? ,J u d m a l .
SUIdtt, I.
440,,
624.
Sureeon\.
Additional as\i.tant, 3FS, 390, 391
Appointment lor hospitnls, 344, 347
Command ot e n l i ~ t e dmen, 284.
Yutliro, Jotiii 11 6 2 ~ .
CIIaIIl, Usrid L.
Conimissioner Irom Svrtli Carolina to Iriwiblollal Collgle\s, 23, 2s
wvedialr 11ou Jlauuf.icturinq C o i n p ~ u 109
~,

.,

bvveellcj,

Jlllllrs

\v.,

507

Svvretinnu, It. L., 155.

Cjkcc, 4. d., 7&
r m , I \ . B., 649
rebit, \ \ i l t l n n ~Kenip, 114. 827
Taber, Joliii \\ 112 337
ralbot, (.eorge 1. , 039
I alcott, T. li. It., 506
Taliuferro, Adtlihoti, 618
Taliaferro, E., kli, 70b.
Tnliaferro, Jolm, 425.
Taliaferro, U. It., 440.
Tslley, Robert A., 423, 826.
Tailley, \\illi:ini H., 516
Talnitidqe, Saniuel K., 271.
T ~ I I Hag
I ~ Harbor,
~
Fla., 174
Tauiier, J . S., 738.
Tsn~III,Itoimt, 713, SSG, 843
lariR, 91, 9i, I G , 261, 264, 309, 317
See alio Lrrstcmis Dlct~C?
Twte, Xitchell, 440, b h
rattnall, John 11. 1. 266
Tnttnall, .JOSIa11, 15b, 260
Tiltuni, doh11 L., 1%.
lax Bill. See Taws. War Taz,C t C .

..

raxed.
Exemptions, 476, 602, 603.
n ~ o d eof au,essment, 510, 517
Seqiieqtercd property, 585,598,606

976

INDEX.

Taxes-Continued.
War tax tor rpdemption of Treasury n&s, 28''.
311, 318, 319, 326-332, 334-336, 338-30, 322.
34&355,359,371,477,534, 566,5'71-57S, 589,606,
621.
Tayloe, James L., 712.
Taylor, A. D., 625.
Taylor, Algernon S., 636, 623,771.
Taylor, Edmond, 424,706.
Taylor, Beorge, 816.
Taylor, Beo. B., 238.
Taylor, James, 626.
Taylor, James B., 238.
Taylor, John G., 424,436,502,706.
Taylor, S. J., 608.
Taylor, Richard, Brig. Gen., 474,568.
Taylor, Richard, Ahcy, 536.
Taylor, Robert J., 608.
Taylor, Robertson, 517.
Taylor, T. L., 739.
Tqlor, Thonias H., 423, 457, 500, 600.
Taylor, Walter H., 424, 706.
Taylor, Yl'illiatm H., 739.
Taylor, William T., 425, 827.
Teasdale, 11. It., 624.
Telegraph, Superinteadent of, 316, 324.
See also CZute, Chnvks C.,373.
Telegraph Lines.
Control and management, 174,175, 183, 184,187,
202,203,211,249,263.
Establishment, 413.
Materials non-dutiable, 118,121.
Teanewr.
Admitted to the Confederacy, 235, 243, 272
Convention with Confederate States, 223, 224
229.
Delegates to Provisional Congress, 3 3 i , 310, 255
Judicial districts, 492, 557, SGl.
Secession, 272.
Tennessee Elver.
Defense, 587. 606, 621.
Terrell, 6eenan T., 525.
Terrett, Burdett A., 425.
Terrett, Beorge If., 297.
Terrlll, R. X., 739.
Terry, Francis A,, 816.
Terry, Robert E., 608.
Tentimany.
Case? under sequestration act, 708,742.
Perpetuation, 284, 359, 428, 453, 441-443, 453,505
I

605.

Tsxnx.
Admitted to the Confederacy, 97.
Committee of Public Safety, 94,99.
Defenses of coast and frontier, 333,6fi3, 696, 697
809.
Dclegates to Provisional Congress, .id, 60,64,97
101, 123, 159.
Judicial districts, 253,258, 259, 262-264.
Offlcerto command coast, 194.
Revenue laws, 59, 60, 140, 147, 151.
Seeesuion, 54, 60, 145b146,172,i73.
Service of United States officers, 70.
Special messengcr, 130,141.
Texas mid Nea Orleaiis Railroad Company.
Aid for, 226, 238, 361.
ThBard, Paul E., 8%.
Tlieobald, 6. P., 6%.

'Jioni, Reuiwn 'I,., Xari:ic ( b r p q . 266.

'Iiiixii, Weuljen T., I'o.st,iiaater, 2S&.
'fionias, Bryitn JI., 156.
'honrns, E. L., 703.
'hornas, George H., 543.
'honras, Henry P., 435, 499.
'homxs, 3. D., 63%.
'tiontas, J. H. (Tennessee).
Bills, resolutions, etc., introduced by, 348, 409,
45fi, i96.
Committce on Foreign Affairs, 543.
Delegate to Provisional Con
Yea arid nay votes, 389,342,
380,3P,3,391,393,395,398-402, 401,405,409,412,
41b415,419-421, 427,441,443,449,451,454,455,
458, 460, 463,4i8,479,483486,493,494,512,513,
519,320,528,531,645,54G,5.5:3,.%%,658, 559, 562,
563, 573, 651,6$2,655-658,666,668,669,673,674,
679-681,6SY,W, 707, 708,710,711,730, 733, 734,
i37, 740, i 4 1 , i47-750,752,i55,756,759,762,763,766-7i0,77!, 774,780,781,784-788,790, 793, 796,
5%. 799,801,802,806,807,809,811,8l2,814.
rhomas, Janies D.,811.
rhomas, Jesse, 349.
rhomas, John J. (Kentucky).
Committee, Special, 676.
Delegate to Provisional Congress, 628.
Kentucky Convention, 540.
Yea and nay votes, 630, 652,666,668,669,673,674,
683-68j,695,707,708,710,711,730,737, 740, 741,
752, 754,755, 759,766-770,772,773,780,784-788,
792,794,790,806,813,819-821,823,824,829.
fhomas, Lurenzo, 633.
Phomas, Lovlek P., 625.
Plronias, If. S . , 538.
fhonias, S. d., 648.
Phonies, R. W., 539.
Phomas, Sobert, 440, 624.
rhoma8, Robert n., 123, 705.
rhomas, W. H., 439, &24, G48.
Chomas, W. X., 440.
Fhomason, Hugh F. (Arkansas).
Bills, resolutions, etc., introduced by, 290, 293,
331, 339, 345, 346, 349,365,414,418,326, 427,491,
532,552, 555, 565,675,617,619,620,681,778,824.
Cnmmittees:
Special, 654.
Territories, 250.
Petitions, papers, etc., presented by, 290, 640.
Pea and nay votes, 2.54-267, 285, 308,322,328-330,
332, 335, 336, 338, 342,844,346,359,364-366,380,
383, 385-388, 391, 393,395,397,398,400405,409,
412, 415-417, 420, 421,427,441,442,445,450,4&2,
454, 455, 458, 460, 462,478,479,483-485,493,494,
512, 513, 319-521, 528, 531,534,545,546,552-554,
556-559, 561-563, 573, 575-577,581,582,984, $88,
593, 597499,604, 607,615,617-619,630,633,6:39,
641, 651, 692, 655, 657,666,668,669,677,680,681,
683486,707, 710,711,730,732-734,737,740,741.
746-749,761. 752, 754, 759,762,763,766-770,772.
773, 780, 784-788, 796, 798-800,602,806-811,813,
820-825, 829, s30, 849.

Thomasou, W. D., 626.

Thompson, A. B., Ship, 294, 300, 303, 309.
Thompson, A. P., 4d8, 647,
Thompson, B. S., 626.
Thompson, George S., 625, 6%
Thompson, J. F., 623.

Tlioiirpson, Yiiilfp B.. 510.

~flicimpsoii,W. A., 739.
'rtiomiison, IY. s.,810, 818.
l'hompson, Willlam W., 539.
'riiomson, d . M., 440. 624.
Tliorliurn, L'. t;., 436, 506.
Tliorfiurn, Robert D., 298.
'rliurnhill, f. It-., 538.
'rliornley, James, 738.
Tliorntoa, George A. 425, 826.
Tliurniun, H. I., 515.
Thornton, James B., 440, 6a.
Tborritori, John C., 80.
Tlir~rslier,D. H., 508.
Thurston, Janrea, 536,
Tichenor, Isaac T., 22, 51, 608.
Tilghman, John L., 811.
Tilghnian, Lloyd, 438, 474.
Tiiton, Satlianiel O., 626.
Timberlake, J. W., 608.
Tinsloq, Peter, 608.
Tison, Killiam H. H., 185.

Tohacco.

Export, 2iG, 277, 339, 363, 377.

Rations, 303, 311, 312.
Transportation and sale in certain ports prohibited, 489, 587.
Todd: DavM It., 424, 706, 718, 840.
Todd, .John R., 215.
Tolsnn, J . D., 440, 628.
Toonihs, Robert (Georgi8).
Bills. resolutions, ete.. introduced by, 25, 52, 56,
99,100,105,116,117,139,143, 148,161,169,158180, 207, 219, 251, 826,327, 347,353,693,736,747,
749, i 5 i , 863,865,895.
Committees:
Constitutioii (Permanent), 42.
Finance, 42,59,60, 98, 99, 110, 117, 120,126,127,
143,146; 147,193,220,225,226,233,234,246,250252: 257-260,264271.
Special, 21, 25, 40.
DelcFate to Provisional Congress, 11, 14.
Military appointment, 307.
Petitions, papers, etc., presented by, 23, 51.
Secretary of State! 73, 282.
Pea and nay votes, 91,98,106,121,122,125,132,137,
181, 195, 211, 220,221,226,227,242,2-13,247, 2542.57, 322,328-330,352,3:I5,3X, 3 9 , 342,344, 346,
:%9, 479, 483485, 5W2, 5f%,55~>577,584,588,598,
693,707,710,711, 730,732-734,737, 740, 741, 746749, i32,752, 759, 562,763,766-770,772-774,780,
iS-~,iSG-790,792,i 9 4 , 796, 797,799, 80F, 807,810813. 819-82,5, 829, 830,833-836,849,861,868,871873, S$78.8SO,881,84,885,890-891,896,924.
Torbert, Blfreil T. A., 165.
Tosli, d . T., 317, 705.

Tottm, drcliibald W. O., 224.

Toutant, 8 . J., 516.
Towers, John R., 703.
Towncu, S. W., 830.
Toirsley, W., 539.
Trabuc, Robert P., 5W.
Tracy, Campbell, 156.
Tracy, Edward D., 434, 498.
Triltle and Intercourse.
Foreign nations, 757, 794, 805, 806.
Free ports, 377.
Indians, 640, 672, 743.

J-TOL

1-04-62

Trader, H. I?.,625
Transportstton.
Discharged soldiers, 247, 264
For certain troops, ,304 31i, 319,334, 360.
Railroad, 280, 290, 295,305 805
Transport Trslus.
Organiiation for Army, 813.
Tranum. Milllnm T., 156.
Trapler, Jauies W., 439, 474.
Travis, E'liaR F., 517.
Treasurer of the Coilfederate Statw.
Appointed (Elmore), 112
Assistant Treasurer, 11S,121,117.
Treasury Department.
Assistant Secretary, 659, 672, 6b0
Anditors, 143, 151, 185, 211,214, 215, 241.
Clerical force. 230, 263, 757. 779.818
Establishment and orgamzlztion, 66, 68, 69, 72.
Financial arrangements, 708,740, 756.
Kominalioiis an& eonfirmatlons, 73,112,127,153,
164, 2 6 i , 343, 349, 366,367, 372,394,43&574,609,
713
Registei of the Treasury (Tiler), 343.
Secretarj- (Memminger) , 53.

Trcasnry Jotes.
Acceptance for postal dues, 338, 375,444446,457,
604, 613

Advances oii produce subscml)rd, 478, 479, 484.

AgY-ti: to sign, 271, 261
Issue, 110,116, 121, 220, 221, 2Li-229, 211, 282, 310,
311, 313, 318, 319, 326-332,134-336,338-340,342,
344-3~5,359,3X,457,566,371-576,589,606, 621.
Legal tender, 285
Substitute foi engraved .Zi.
Transmission, 44J, 453.
rreatles.
Inciian tribes, 364, 563, 590496, 601. G02, 604-611,
632-635
Prent, Steamer, 171.
frent, IV. It., 626.
Previlian, J. Q., 739.
Price, Tnndy If., 366, 372.
Crlnible, Iraac K., 321, 333.
Prinible, R. W., 609
Pruehe:irt, Daniel, 42S, 705.
Prmt Pund%
Indians, 640, 650, 656
Puekcr, B. St. George. 736.
l'ueker, D. El., 738
rucker, John R., 298.
run5t.Iii, A . , Jr., 705.
Purbeville, S. F., 701.
rurk, Rauctolph, 62G.
Purim, E. P., 526
Purner, Georgc P., 297
Furncr, Janirs H . , 410 624.
Purnrr, Vathen, 739
Pirmer, Thontas 1'. 826
rurner, Williaui H.,739.
Purney, Peter, 631
rurpin, Walter a., 827.
rntnilrr, E. S., 625.
rutniler, T. H., 704.
rwfggs, David E.
Appointment, 307.
Mentioned, 356
rniqgs, if. D. D., 840.
PvFynran, Horace D., 426, 826.

978

INDEX.

Tyler, Charles lt.. 4'24

Tyler, Henry B., 299;.
Tyler, Henry H., jr., 394,407, 81b.
Tyler, John (Virginia).
Commissioner for Virginia, 159, 191, 316.
Death, 687-689, 699, 70s.
Delegate to Provisional Congress, 305
Mentioned, 284, 292
Resolutioiir offered b ) , 344,351, 482 511, 566, 636
Yea and nayvotes, 308, 323, 325-530, 332, 335,336,
339, 342, 346,347,359, 364-3GG,398,401,403,409,
415-417,419,420,427,443,445, 446, MY, 451, l i R ,
4i9,483-485, 562, 563, 57&5i6,577,581,582,S8.1,
885,689,597,604,630,639,641,(32, 651, 652, 65%
658.
Tyler, John, Jr., 4'24, 836, 84'2
TyI'er, it. P., 624, 626.

Tyler, Ilobert.
Register of the Trencury, 313
Tyler, Williani, 425 827
Tyler, Wlse & Allege, 2%
Unqerer, J. J., 608.
United States.
Commissioners to, 45, 46, 52. 55. 8G.
Debts to citizens of, LOG, 256, 2.58, 263
Importations from, prohibited, 205, 323, 432, 678,

<enable. A. 17.-Continued.
P e n and nay roles-Continued.
733,734. 739;.740, i41, i47-750, i32,i 5 5 , TF", 7R3,
766-770,772,780, 781, 78&78S, 790, 791. 796, 797,
i'Jt)-801, 806,809-812, 8'21-825, 529-831, 849.
Fenable, Andrew if.. 0.23.
Fenable, Charles S., 706, 811.
Ferney, dames, $39, 925.
Vertner, A. V.. 513.

Fesscls.
Change oi names, 678, 700, 515.
Entry and discharge, 310, 396. 4-19,
I'nrchase, 1S2, 201, 202, 207. 203, 211, 410, f l 1 . 451.
Registration, 107, 110.
Kcstriction*, 459, 3 2 , 550.
Vest, George B. (Xissoiiri).
Rills, resolutions. me., introduced by, 32i,565,
637, 73% Sol.

Commiltccs:
Inaugiira lion, 765.
Judiciary. 544.

806-808.

Laus of, coiitiiiued in force i n Confederate

States, 41.
Upshur, Thonias W., 739.
Vamnrles in Omce.
Field officers, 548, 56.3, 5fi4, 604, 605, 653, 661.
Vucaro, Philip, 648
Valeiitliie, P. G., i39.
Van Benthuysen, Alfred C., 261;.
Tau Blbher, Frederick. '2W
Van Conistock, IVllliain. 512
Vaiidlrcr, Joel J . , 50-1.
VauDorn, Earl, 155+3Oi. 423, 473, 496.
Vanii, James S., 517.
Vau ZaiiBt, Slclioliis R.. 623, 512, Xl.
Vass, Douglas, 626
Vasser, Wllliani 11.. X39, 524.
Vaughan, A. N., 283
Baughan, Janios, 410, 625.
Vaughtm, R o l w t . LJ9,5%.
Vauglirr, Aiidrerv J . , 138, 521.
Vaughn, Johm C., 632
Veilable, A. \V. (Xorth Carolina)
introdneed by, 305, 3%
,413,476,487, 517,561, 579,
>

Cominittees:
Foreign Affairs, 527.
Naval Affairs, $27. 661.
Special, 276, 468, 639.
Dclegate to Prorisionnl Congress, 2i1.
Petitions, papers, etc , presented b ~365.
,
Yea and n ~ votcu,
y
285 308, 328-330,334 335, 336,
339,312, 347, 339,3F1-366,330, 383,387,388.393,
395,898,400,40L-405, 109,412, 416-417,419-42l,
427,411. 443. 4l5,4JD,451,462,454, 155, 458, 463
,483-485.493,494,512,513,519-621,52b
F34,545,54G,553,554, 65G, 5i9, 559,562
$i%577,581, 582,584,,599, 594,597,599
615,617-619,621,G22, 627, C33, V39,641
642,045, 646,651,652, 655, 657, 658, GGG, 6F8, F69,
673-6i5,6i9-651, 683.6Y.1, b95,iOS. 710, ill, 730

734,537, 740, 747,755,759, 766-770, 772,754-791,

i93,594, 796, 797, 806-813,820-822,824,5L6. ,930,
831.

Vetoes.
Bills returned, 9.5, 242, 261, 390,569,696. 697, 744,
75s.
Special action. 575,603.
Vlce-l'residriit of the Confedcrate %iiteh.
Flertion. 39, 40.
Time of election, 186,246.
See also steplieiis, il?e.e.rcoitlcr ?I.
Yirk, A.

W., 625.

Villepigne, F. L.. 14,23.

Villepigne, Joluii B., 155.
Virginia.
Admittea to the Confederacy, 193, 1%.
Claims against, Confederate States. 316,
Coiiveiitiori with Confederate States, 182. Is;$.
187-393.

Delegates t o Provisional Congress, 192, 193, ?03,

214, 271, 276.279, 303, 4x3.

Establishinent of judicial courts, 22.1. "35, 217,

261, 2G4.

Exchsnge ofState bonds for Confederate States

bonds, il9, i78,ii9.
Exemption of citizens from taxation. 603.
Legislative proceedings, 657-690.
Naintenance of ancient boundaries. GSY, tiW.
0tTict-r.: oi provisional army, 309.
Protection of,208, 211, 212.
Resolutions o n death of John Tyler, 6s;.
Secession. 189-192, 272.
Voaler, J. B.. 625.
Volnuteers.
Additional force to serve during war. 170, 1%.
177, 181, 188, ISI-lSG, 201,252,2F3,631,6:36-64".
GI-1, 631-653, 6G1, 664, BGG-6i0,673-675,G95, i41,
7.12,7.iG.

Call upoii Statcs authorized, 675, 682, 698.

Ctimlry. eqiiipment of, 373, 384.
Clothiiig and traiisportation, 411, 451,

~oluliteers-Contiiiued.
Enlistment and rccruitment, 489, 509. 511,519,
521-523, 327-sY, 6 4 i , 516,580, 5w, 660.
Raisedin bordcrStatcs, t o s e n e duringmar, 694.
Teniporary rank for officers of C. S.Brmy cornmanding, 251, 263, 550, 622, 686.

See also Prorkional Forces.

Yolunteers for the War.
Transier from twelve-months companies, 682.
Yore, Israel G., 626.
Waddill, G. C., 601.
WaM)., A. J., 615.
Watidy, J. C., ,525.
1\ :tdtly, J. R., 423, 705.
Wade, a. u., 62.5.
Wade, dames, 648.
Wade, .James K., 439, v24.
Wadkliis, F., 440.
Wadsaorth, J o h n , 17.
Wagner, C. U.. 45,671.
W~ngnun,Geurpe P., 623.
WYaiuer, Jackson, 526.
Walden, J. M., 56,64.
IValke, Francis A., 739.
Walker, A. J., 91.
Walker, Alexander, 115.
Walker, C. Irrine, 425,82i.
Walker, Clifton, 516.
Walker, R. J., 525.
Walker, Henry 13. 424.
Walker, J. G . , S15.
Walker, 1. J., 524.
\\-alker, John, 704.
Walker, John D., 165,4!37,838,841,848:849.
\V:ilkcr, John G., 564,600,649.
Walker, dolin It., 623.
\ValkPr, John Percy, 156.
Walker, I,. D., 516.
\Valkor, 1. B., 505.
Walker, I m o y Pope.
Slilitary appointment, 473.
Secretary of War, 78, 156, 164,167,356.
\Valker, It. J., 817.
Walkcr, Rlcliard \Y. (Alabama).
Administers oath to President of Coilgrcss, 39.
Bills, resolnlions, etc., introduced by. 21, 3437,
46,76,83,177,179,1SO,219,346,35S. 370. 377,379,
385, S S G , 389, 392, 393, 398, 476. 491, 510, 889.
Committces:
(ommercial and Financial Indcpendence, :131.
Coiistitution (Permanent), 42.
Constitution (Provisional), 22.
Foreign Affairs, 44. 3%.
Special, 16, 24.
~ e l e g a t eto Provisional Congress, 11,IS.
Petitions, papers, etc., presented b: . 51.
yen. and nay votes, is, 91. 106, 121, 1?2.161, 135.
203, 209, 211-213, 216, 219, ?PO, 222.22F. 227; 242,
z4?,,25&25;, 322, S2S-330: Y32,33i,

344, 316. 359, 364-300,380,383.38R

395.397-400,402-<05,4i9, 4%-485,
513, 519-821, 628, 530,531,R34,61.5
557-559,561-563,573, 861,868, S71
881.883-885, S90-S91,S96,924.
Walkor, Robert I)., 525.
Walker, ?Villisni H. T., 307.
Wnlker, Killiain I.,lG.
\Valker, I ~ i l l i a i uS . , 155.

\Vall, h a , 423, 495.

Wall, d . I>., i39
Wall, W. II.,iM.
Walldee, C. K.. 626.
Wallace, J. T., 608.
Wallace, TIiomas L., 840.
Wallack, Charles S., 626.
\taller, If. 1.,625.
Waller, llieliard P., 440, 615.
Kaller, \\ illlani, 625.
Waller, \\illirm G . , 416.
Walbh, Thomas C., 339.
Waltoa, E. P., 608.
Walton, R. P., 73.5.
Wnlton, Robert, 5?5.
Wainpler, J. X., 810, 816.
Wand, W. X., 540.
\Yaskoirirz, Ladislas, 33S, 362, 425, 827.
11ar.
Conduct of, 200, 207.
Existence of, recognized, li3, 173, lii-181, 168,
252, 264. 323, 357, 360, 446,44i, 452, 453.
l\ arburg, Edward, 815.
l\ard, A. X., 704.
I\ ard, Georqe T. (Florida).
Bills, resolutions, etc , iiitroduced by, 182, 194,
304, 4i8.
Committees
Clt\lms, 197.
Coinmercial mid I h a n c i a l Independence,
334.
Militnr: Affairs, 174, 716.
Public Lands. l i 4 .
Spccial, G39. 6il,6h9.
Delegate to Provkioonl Congrew, 174.
Petition- pnperu, etc , presented by, 182, 203,
523 is1
Rf%gnntion, 757
Im and nav votes, 181, 195. 203, 219-222, 326,
227,210 24?,243,251-?67.30h, 335,336, 359,3XO,
385,386,401, 402, 412,419-421,142,445, 449, 450,
452,478, 179,483-485, 493,494,51!&521,584,687,
666,668,669, 673-Gi5, 679-681,683, 685, 686,696,
707, iOS, 710,711,730,732-~34,740,741,746, 747,
XI, 752,764.
\\ m l , Georae W., 515.
W:ird, J. F., 504.
\V:ird, John, 266.
Nard, Tlioniss B., 73P.
\\ ar Departnient.
.igpropriations Scc App?optnlrons.
Ass~stantSecretary, 173, 505, 548, 5 i 4 , 059, 672,
bSO.

lerical force, 111, 225, 299, 302, 318, 981

bll~hJIlCllt,66, 69, 72
cminations and confirmations (civil), i 3 , 474.
Sqcretaries (Walker), i s , (Benjamin), 474.
Mzirdlan, (2. .4., 626.
I\ are, Rex , 280
\\are. Hornre, 97.
%nre, J. Ii., q l i .
\Yare, Tlionia\ l:., 299.
\Varlc>, A. F., 157
\Variick, P. D., 525.
\Vsrner, James H., 299.
Wnrrm, YF. C., 6%.
11ar TPL See Tlc tes.
i\artiien, T. J, iO0.

980

INDEX.

Webster, Daniel T., 5%.

WeBster, W. Sugnie. 827.
Weedrn, Wllliani, 525.
\Teems, John B., 435, 499.
Weenis, Lock, 516.
Weights slid Ileasures.
Change of system, 492, 694, 699, 727. 732. 735, 819,
Weir, WYtllter, 517.
Welsiger, W. W., 440, 624,
Welbern, C. B., 439.
Weller, 31. I,., 608.
Wellford, J. S., 738.
Wells, John It., 761.
Welsh, Thonia~,332, 337.
Wertenbakcr, C . , 648.
Wertenhaker, 7Tillian1, 283.
Werth, I T . H . , 506.
Wescott, dames D.. 52.5.
328-330, 332, 335, 3S6, 335,340, 3.59,36t36G, 380, Wcsson, Alexander, 540.
West, Charles F., 440, 625.
583, Se5, 386, 388, 391. 393, 39.5, 398. 400.483-483,
512, 513, 519, %20,.i118,531,545,846.5312.333,557- West, Charles S . , 517.
659,561-.563,573,575-575,5S4,597-Z99,604, 60i. West, George, 515.
615,617-619, 621,642,633,655, 657, 666, GG8,609, West, J. I,., 6%.
673-675,679-&31. 683-686,695,708,710, 711,530. West, J . T., 608.
732-734,740, $41, i46-749,$51, $52. 754, 765, $59. West, John A., &2R, 826.
762,763,766-570,77'2,7i3, $80, iS1-790,792,794,
West, Jolui C., 267.
79G, 797,799-802,806-8Y3,819-824,8L?'3.
West, John X.,623.
Watson, H. Y., 62.
West, X. G . , 739.
Wntson, YYflllnm E., 81.:
West, William V., 704.
WattR, l?. 1.,
738.
Wcstant, George, 525.
Watts, Qeorge O., 113, S28, 843.
Whartnii, Arthur D., 712.
'(Yatts, K. ti., 153,624.
\Vharton, Gabriel C., 436, 506.
Waal, Thontns S. (Texas).
\Vharto~i,doiiii A . , 815.
Bills, resolutioiis, ctc., introduced by
117.128,129, 132, 133, 136, 201, 283, 2
291,326, 338.363, 3%.5Gl. 553,59b. G
Wiio<*lor, J . , UN.
621,641,643, GGT. 672.681, 778,809, 8
\TBwlrr, Jow~111,
155,497.
Committees:
Wheelrr, Woodhiiry, 516.
Commercial Affairs, 110.
\Vheelnrie.iit, F. 19., 739.
Indian Affairs. 110, 6'20.
IThitahr. A. 9.. 626.
Special, 639, 654, 720.
White. 1%.S., 601.
Delegate to Prorisional Congress, 61, 172.
\ V h l t ~ ,('hastain. 110, 625.
Petitions, papers, etc.. presented hy. 90. 106, 142, White, I):ini(~lP. (Kcntiicky).
145,682.
Committvc, Special, 639.
Yca arid nay votes, 98, 10G,122,125, 131,W ,13$,
Uelcgatc to l'rovisioml Congreas, 636.
141,181,195,!?03, 209,212,213,247,231-2.i7,2S5,
Y e s and nay votcn, 639,6,41,652,666.6GS, G69.6733Y",335, 336, 339, 342, 315,3-47,
309,3'L3,3'-Y;io,
675, 679, C,80,683-085,693,707,510, 711, 730, 740,
359,364-366,380, 353,3tiG-388,391,393, 395,39S741,740,747,752, 754,755, 766, 772-774, 780, $84,
r 480,792, 794, S06,813,819-&21,S?3,824,S29.
IYhite, Ihivitl G., 423, 828, 543.
Wiitr, E. U.. .508.
681,5$'L,584, 589.59 4 5Bi-599,604. SO,; 615,617- White, Y., 608.
G19, G"1, G"2, S?i, 630.
,641. 6-12, 645, G46, White, Fr:inklln J., 739.
6R1, 65'2, 653-688, GI%.
, 6 i 3 4 7 ,679-6S1, NMte3dames K., 626.
White, dames I,., 4?3.
741,747,748, 750, 5 2 , i5.5,756, i59, iD", 7&3,i6GWhite, .Jotin W., (Z6.
7i0,752,7:3, $80, Xl. is?-788, i90, 791. i9:<, 794,
White, Ioses, S3Y.
$96, 797, 799-802.800-812, Sl.i, S19-825, S29-831,
While, Xnsrs d., 15i.
XSS-S35,861, 869, S'il-STY, 678. 8S0, SSI, SF34RG,
1Ylritc, O s r m , 424, 706.
SQl-SS.I, 896, 924.
Whlte, Pflstrr S C o . , 261, 382.
Wayne, '(Yilllnm b., 2'36.
\Vhitehead, VV. R . , 323.
Wnytt, Juhii H . , 439, 525.
Whitescarver, n. F., 4.10, SL4.
Weathcrly, (:olin Xcft., 4".
\Yhitfleld, ( h o r ~ c 440,
,
624.
Weaver, J. It., 60s.
ll'hitfleld. do1111F., 440, 624.
Webb, Jantes D., 439, 624.
Khltiirg, 11. C., 625.
Webb, Jolta, 626.
Wlritirrg, Hoiiry A., ,515, 618. 706.
,I;. a., G1S.
Whitiug, J s q w S., 425, .5l,i.
,~~1111uni
k., B G .
Whiting, William I. C., 12.5,3Oi.

)$'arwick, Bradfnte, 504.

Warwick, WPlliam B., 643.
Washbourne, Josiah W., 626.
IVashburn, Henry li., 425, 82i.
Washburn, J. It.? 608.
Washington, H. IT. M., 298.
Washington, J. Barroll, 425, $05, 826.
Washington, James E. XcP., 1%.
Washington, L. Quinton, 424.
Washington, T. A., 422, 495.
Watkins, Rev., 349.
Watklns, Leigh, 439,324, 566.
YI'nWrins, H'. I\-. (Arkansas).
Committees:
Commerce, 244.
Inauguration, 765,792.
Delegate to Provisional Congress, 244.
Yea a11d nay votes, 247.254,2M, 255,285, 308,322,

Whitman, George, 439, 525.

Whitten, 1.1,. , 608.
Wliitthorne, W. C., 224, 515.
Whittle, Willfam C., 298,771.
Whittle, William C.. jr., 712.
')Yickham, W. 1,. ,626.
Vylckllffe, Sathaniel, 424,515, 706.
W W I , LouiR T. (Texas).
Bills, resolutions, etc., introduced by, 170,201,
251,265,286,630,676,681,753.
Committee on Foreign Affairs, 169.
Delegate to Provisional Congress, 1%.
hfilitary appointments, 438, 440,474, 568, 596.
Yea and nay votes, 106,181,195,203,209,2:2,213,
217,247,234-2-257,265,342,345,630,639,612,657,
658,666,653,675, 679,681,683-686,747-749,55?,
759,76G-769,772,773,781,821-'824,924.
Wight, Cliarles C.. 516.
Wiglitman, C. W., 439, 525.
Wikle, Jesse R., 439, 525.
Rilcos, Cadmus RI., 434,474.
IYileox, E. A.. 626.
Wileox, Granville, 263.
N'iley, dohn F., 268.
IYiIey, Robert JI., 688.
IYllkerson, T. B., 739.
IVllkes, B. L., 525.
Wilkes, Charles, 471.
7Vllkins, Albertis, 438, 524.
IYllklns, Hsnillton, 671.
W!lliinson, John, 2%.
IYilkinson, Willis, 4'23, 528. 843.
F i l l e r , John N., 516.
tYiIlett, Zaddoclc T., 423, 828, 843.
'YYllley, Charles, 338.
IYilliams, A. F., 540.
'(Villiams, B. D., 626.
Williams, B. W., 540.
WilIinms, E. C., 526.
:Viiliams, Floyd, 526.
Willianis, J . d . , 608.
Williams, J. Shelby, 705.
wlllittuis, John d., 339. 525.
'IVilliams, John S., 651.
WHlisrns, R. L., 516.
Killianis, Robert C., 52.5, 840.
Williams, S. C., 15.5.
\Yi1liants, Sanioel T., 526.
\Yiilianis, Solonton, GOO.
Tiii!anis, T. G . , 422,495.
\Tilliams, Thonias E., 739.
1Billiaurs, Tlinmas H., 422, 49.5, 338.
Wllllams, 1Y. B., 526.
\Yilliilm6, W. Orton, 424, i0G.
Wiliiantson, Caroline .k., 358,381.
IrYilliamson, Charles H., 29'8.
Iyilliamson, Oeorpe, 514.
\Till:arnsoii, .J. D., 624.
\YiIliamson, It. A,, 816.
Williamson, Wiliiam Y . , 299.
JYilliford, W. J., 140.
Willis, E., 624.
Willis, E. J., 608.
Willis, Edffard S . , 156.
Willis, Hard1 B., 325.
Willis, James H., 525.
Xllmer, George T., 608.

IVilmington, Charlotte and Butherford Ballroad

Company, 406.
Kilson, A. E., 439, 525.
Wilson, E. S . , 526.
Wilson, H. B., 439, 524.
Wilson, John T., 524.

Wilson, Joseph lo., nz.

Wilson, Robert K., 515.
Wilson, T. F., 601.
Wilson, Thomas, 625.
Wilson, Thomas S., 713.
"llson, W. S., 602.

W i l S O ~ ~W.
, T., 439, 524.
'byilsou, I t illiam I.,738.
Wilson, yl'llliant S. (Xmissippi).
Amendment offered by, 53.

Committees:
Engrossment, 45,90,102, 124, 126, 131,142, 147,
149, 150.

Patents, 44, 150.

Delegate to Proxisional Congress, 11, i5.
Resignstion, 159.
Yea and n a y votes, 7&,91, 92, 98, ioe, 121,122,125,
131, 132, Y37,141,Sbl, 868,871-S73,8'78,880,881,
883-380, 890-894, 896, 924.
Winniis' G m , 278, 311, 318, 325,396.
Wlnbry, John A., 816
Wlrtder, Charles S., 423, 4'38.
Winder, Edward L., 296
Winder, 3 . C., 811
Winder, 3ohn H., 30i
Winder, R . B.. 440, 625.
Winder, IV. Sldne), 515.
IVindlism, IBilliiirir J. 283
Wlnfield, A. It.. 618.
1%
Ingflcld, T. I!., 739.
Wiagneld, W. C., 524, ,565.
Winkler, E. T., 238.
~villSlOW,Henry, so.
\I Inston, John A., 433, 497.
1BintermMt, Ibiclitrrd C., 455, .525,
Wise. See Tyler, IlZse & Allegre, 278.
W s r , Georgo 1).,425, 827
7\ Ise, H. A., 648.
Wiyc, Henry A . , 307.
Witlirm, D. Forney, 615.
jTitlier\, John. 154.
lVitlier\, Jones X., 3Oi.
\Yit)lrru, rliomas 3. (South Calolina).
B~llc,resolutions, ctc , mtroduced by, 25, 32, 34,
5'3-dS. 49 69,7~~1,79,82,88,111-113,117,119,
123,
12i,137,14i, 178 180, 183,220,228,229,284, 239,
215, 217, S j 9 , 864-867,869,871,873,879-881,88G,
b89.

Committee on the Judiciary. 41

Delegate to P i o ~ l ~ i o nCnngw\,
nl
11, 16.
petltioni', pupera, ctc , prw.1
Yea and nay vote9 78 91,92
131,132, 197, 1S1,19i,20:1,?
222, 226,22i,240,246,243,217,861,868,'8il-873,
878, SSO, M1,0S3-8S6,P91-894,896,9..~'24.
11 ither\, I\ illiani E
'., 424, 826.
witlterspoon, kndrra J., 648.
Withcrqioon, H. F., 739.

INDEX.

Wood, John Tallor, 536.

Wood, Robert C., 154,502.
Wood, S. A. N., 649.
Wood, W. R., 702.
Wood, W. S., 440, FL4
Wood, William .T., ,525
odbridge, Rev., 279, %2G. 940.
odrufl, Alden N., 438, 524.
Woods, Robert C., 440,624.
Woods, 'lyilllrm, 253.
Wooduon, Landoii A., 739.
Woodward, E. E., 540.
Woodwurd, J. J., 431,49i, 702.
Woodward, I?. El., 626.
Woodward, Tliomas U., 647.
Woolfolk, T. J., 440, 6%

Wooson, Johii G., 626.

Wooster, J. S., 436,525,568.
Wooten, Willlam H., 626.
Worley, J. Hamilton, 426, 827.
Wortenbaker, T. J., 439, 525.
Worthiagtou, E. S., 62.
Wortl~ingtoii,Winfieid C., 425, 627.
Wrlght, AUgUStIlb R. (Georgia).
Bills, resolutions, etc., introduced hg, 53, 90,
140,174,182,188,22?,, 321,430,443,48Y, 356.
Committees.
Haw1 Affairs, 44.
Public Lands, 41.
Dclcgate to Provisional Coiigress, 11,14.
Petitions, papers, etc., presented b ) , 48, 6S, 77,
89, 115, l"7, 145, 199,301,322, 375,509, 565.
Yea and nay rotca, 78, Ill. 92,96,10F, 121,122,123,
131, 132, 137,1Y1,195,212,213,219-22?, 228, 240,
'242, 243, 261-257,286,322,3'-330,332,338,
$46,
359, 364466, 380,383,3R5,39i1400,40?-404,11(~,
417, 4'27, 441,41'L,.179,483,484,493,484,312,513
631, 534, 54.5,546,557-559,561-.563,573, b i 5 - 5 i i .
$31, 582, 564,780,792,796,797,'i99,608,809, 812
813,819-8"1,823,824,829,830,849,880,861,8S3
885,890,891,694, 896, 921.
Wright, 3. D., 440, G25.
Wright, Xoseh If., 423, 706.
Wrlgl~t,11. I,., 650.

\FrIzht, b. B., 439.

Rgatt, JIarloii B . . G2h.
I\ J dtt, 11. E., 608
b\ ~ 1 1 1 ,cliarlec S.. 43R.
IYJ nim, Ilenjaoi!u, 43h 2 4 .
Rynue, Robert H., li, 430, 457, 658
B J S I I , ~ U ,Hillisiii E., 29
Kancej Beujnmiu ( SO
rancey, Bou$axuiii C., jr.. -11:

*,

rancey, Willinm I,., 89,9

'
:
Karbrough, George, 636
Iarbrough, George Y;. 600.
Fates, Jo<epli A., 423, 705
Fea and Say Totes, 7h, 91, 92, 98, 108, 121, 122, '127,
151,137,141, l b l , 195,203,209, 211-213, 211, 2
220, 222,126, L2i>210, 212, 2-13, 217, 23-257, 2
308,:22,328-330,332 335,336,3:8,342,344,3
359, 3h4,365,3bO, 383,395-388 3'Jl,;'J3,395,39i406,409412 3li,416,41h-42i 4 Y i , 411, 112, 44j,
448,400.4iZ 4i4,455,438,160. 4b2, li8, 179, 4%455,493,494,512,513, 519-521, 525, 530,
545, 546,562-565,557-5iS, 561-563, 573,
5S0-S82,584,586,593,59i-ci-.igq, AOi, 60i,
619, 621,622,627,630,633, 639 641, fil2,
652,656, G Z , 666, 66s. 669,673-6i5, b77,
683-666, 695,707, 708, i10,ill,id0 i32740,741, i46-749, 551, 752, 754, 755, i 5 q
766-770, 772,773, 580, 584-590, i92, 791,

bOG-S13,819-8?5,829,830, &;3-834. W9,

ail-853,878,660,6&1,883-ES3,
890-641,696 924
Pee also names of respecti\ e members.
Yerbj, Albert F., 626.
Ferby, StcLpliei! E., 526
louge, Chaudler C., 283.
l o r k , Zebulon, 437, 501.

Iro<t, S. X., 440, 625.

louiig, Clenieot, 440,624.
lOUll& Wcuq E., E l i
Young, Pierce 31. B.. 155,508.
'touag, Thoiuas P.. 439
louug, W I l i l m X., Cub
louag, 11fltoli I,., F45
Y i l l w , Eliao, 439,524 646, 670.
%at11ari@,
F. C., 424,iOF
Z i w l l , Sohn S., 648
%ollicoier. F. li., 907
Zouarec.
Regimmt authunderl 176, 1b5.
Zubrsky, 4Lgebmund, 601.