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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --SIXTH DAY--TUESDAY, November 26, 1861.
OPEN SESSION.
Congress met pursuant to adjournment, and then resolved itself into secret session.
SECRET SESSION.
Mr. Smith of Alabama offered
A resolution instructing the Committee on Military Affairs to report a bill or bills for the payment of such bonus for the establishment of manufactories of small arms, of saltpeter, of sulphur, and of gunpowder as will insure the speedy development of the resources of the Confederacy in these several respects.
Mr. Avery moved to amend by inserting after the words "instructed to" the words "inquire into the expediency of and."
The amendment was agreed to; and the question recurring upon agreeing to the resolution as amended, the same was agreed to.
A message was received from the President, by the hands of his Private Secretary, Mr. Josselyn, informing Congress that the President has this day approved and signed
A resolution authorizing the transfer of funds to foreign parts.
Mr. McRae, from the Committee on Engrossment, reported as correctly engrossed and enrolled
A resolution authorizing the transfer of funds to foreign parts.
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Mr. Smith of Alabama offered the following resolution; which was read and agreed to, to wit:
Resolved, That the President be requested to communicate to Congress the reports of all battles not heretofore communicated to Congress or published in full to the country.
A message was received from the President, by the hands of his Private Secretary, Mr. Josselyn.
Mr. Johnson of Arkansas moved to suspend the call of the States in order that Congress might resolve itself into executive session for the purpose of considering the message of the President and accompanying documents.
The motion was agreed to, and Congress resolved itself into executive session; and having spent some time therein, again resolved itself into legislative session.
Mr. Ward introduced
A resolution instructing the Committee on Military Affairs to inquire into the expediency of constructing a military road connecting the Savannah and Gulf Railroad of Georgia with the Pensacola 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, be appointed to consider and report on the expediency and practicability of the Government making advances in Treasury notes or Confederate bonds on cotton, tobacco, and other produce, subscribed or hereafter to be subscribed, under the provisions of the acts of May, eighteen hundred and sixty-one, and August nineteenth, eighteen hundred and sixty-one, with leave to report by bill or otherwise.
Mr. Hemphill moved to amend the same by striking out the words "one from each State" and inserting in lieu thereof the words "the Committee on Finance."
The amendment was not agreed to.
Mr. Hill moved to lay the whole subject on the table, and called the question; which was seconded, and Mr. Sparrow, at the instance of the State of Louisiana, demanded that the yeas and nays of the whole body he recorded; which are as follows, to wit:
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The following States voted in the affirmative, viz:
Alabama, Georgia, North Carolina, South Carolina, and Texas, 5.
Those in the negative are,
Arkansas, Florida, Louisiana, Mississippi, and Tennessee, 5.
The State of Virginia being divided.
So the motion did not prevail.
Mr. Brooke moved that Congress do now adjourn.
The motion was not agreed to.
Mr. Johnson of Arkansas called the question, which was upon agreeing to the original resolution; and the call being seconded, Mr. Toombs, at 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:
The following States voted in the affirmative, viz:
Arkansas, Florida, Louisiana, and Mississippi.
Those in the negative are,
Alabama, Georgia, North Carolina, South Carolina, Tennessee, and Texas.
The State of Virginia being divided.
So the resolution was not agreed to.
Mr. Harris moved to reconsider the vote upon agreeing to the original resolution offered by Mr. Brooke, and Mr. Sparrow called the question.
Pending the call for the question,
Congress, on motion of Mr. Conrad,
Adjourned until 12 m. to-morrow.
EXECUTIVE SESSION.
Congress being in executive session,
The following message from the President, together with the accompanying documents, was read, viz:
To the Congress of the Confederate States:
I transmit to you for your consideration and action two acts passed by the general assembly of Missouri on the 31st of last October, the one entitled "An act declaring the political ties heretofore existing between the State of Missouri and the United
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States of America dissolved;" the other entitled "An act ratifying the Constitution of the Provisional Government of the Confederate States of America."
Together with this I send a letter from Governor C. F. Jackson, of Missouri addressed to myself and dated November 6 [5], 1861.
An act of the Confederate Congress, approved August 20, 1861, in reference to Missouri, provided that when the "Constitution for the Provisional Government of the Confederate States shall be adopted and ratified by the properly and legally constituted authorities of said State, and the governor of said State shall transmit to the President of the Confederate States an authentic copy of the proceedings touching said adoption and ratification by said State of said Provisional Constitution, upon the receipt thereof, the President, by proclamation, shall announce the fact." It was also declared by this act, that upon a proclamation thus made the admission of the said State into this Confederacy should be complete "without any further proceedings on the part of Congress."
I am thus empowered to judge as to the authorities in the State of Missouri which are properly and legally constituted to adopt and ratify the Constitution for the Provisional Government of the Confederate States. I am also authorized, without further consultation with Congress, to proclaim the admission of the State. Had the case been thus presented to me during the recess of Congress I should have deemed it my duty to issue the proclamation under this power; but as these acts are transmitted during the session of Congress I feel it to be due to you, in a matter of so much importance as the admission of a new State into the Confederacy, to lay before you the acts to which I have referred, that you may take such action upon them as in your judgment may be necessary and proper.
I also submit to you for consideration and action in relation thereto, a copy of a convention between the Confederate States and the State of Missouri, which was concluded and signed by the commissioners of both parties at the city of Richmond, on the 31st day of October, 1861.
JEFFERSON DAVIS.
Richmond, Va., November 25, 1861.
Cassville, Barry County, Mo.,
November 5, 1861.
His Excellency Jefferson Davis,
President Confederate States of America.
Sir: I have the honor and the pleasure of transmitting herewith "An act declaring the political ties heretofore existing between the State of Missouri and the United States of America dissolved;" also "An act ratifying the Constitution of the Provisional Government of the Confederate States of America."
These two acts were passed with almost perfect unanimity by the general assembly, and approved by me on the 3d instant, and are believed to be all that is necessary on the part of the State to secure her admission into the Confederate States of America as a member of that Government. If, in the opinion of the Confederate Government, anything further is required on the part of Missouri to complete and perfect her admission, it will be seen by reference to the second section of the act ratifying the Constitution of the Provisional Government that the executive of the State is directed and authorized to perform all other acts which may hereafter become necessary to secure the admission of the State. This clause of the act was inserted, not because the general assembly deemed it at all necessary to secure the admission of the State, but in the abundance of their caution it was considered safest to provide against any and all contingencies that might arise. By some of the members it was thought the Confederate Government might require the act to be ratified by a vote of the people before the admission of the State, and hence the clause was inserted, clothing me with power to have it done in that event.
On this point it is proper that I should state that the act would at once have been submitted to a vote of the people but for the reason that the State is now invaded by the Federal army to such an extent as to preclude the possibility of holding an election at the present time. That the people would ratify the act, if permitted, admits of no doubt. I am sure that more than four-fifths of the people desire an immediate and unconditional connection with the Southern Government, and I pray how soon it may be consummated.
As soon as this may be done, I desire that the Missouri forces shall be recognized at the earliest practicable moment under the Confederate Government, and a general appointed at once to command all the forces that may be Ordered to Missouri. Who the man shall be is of no consequence to me. I have full confidence in your good judgment, and doubt not you will give us the best man you can. General Bragg would be very acceptable, but we will all be satisfied with anyone you may
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select. You know, better than me, that an army to be successful can have but one head, and that should be a good one. It may possibly be known to you that heretofore there has not been that degree of harmony and concert of action between Generals Price and McCulloch that should exist between officers laboring in a common cause. While this has been the case hitherto, to some extent, I am rejoiced now to be able to say that a restoration of the most amicable relations has been effected, and that they and their armies are now cooperating together in the most harmonious manner, and I trust it will not be many days before they will be able to rout Frémont from this part of Missouri. Their joint force I can not give with exactness, but it is somewhere between 20,000 and 25,000--quite sufficient to meet any force Fremont can bring against them.
As soon as I can with propriety absent myself from the army, I shall endeavor to go to Richmond, where I can more freely communicate with you in reference to the organization of the Missouri forces and the future operations of the army in the State. For further particulars in relation to the movements of the army here, its general condition, arms, etc., etc., etc., I refer yon to Captain Myerson, the bearer of this letter. He is a reliable gentleman and a good officer.
I have the honor to remain, very respectfully, your obedient servant,
C. F. JACKSON.
An act declaring the political ties heretofore existing between the State of Missouri and the United States of America dissolved.
Whereas the Government of the United States, in the possession and under the control of a sectional party, has wantonly violated the compact originally made between said Government and the State of Missouri, by invading with hostile armies the soil of the State, attacking and making prisoners the militia while legally assembled under the State laws, forcibly occupying the State capitol, and attempting through the instrumentality of domestic traitors to usurp the State government, seizing and destroying private property, and murdering with fiendish malignity peaceable citizens, men, women, and children, together with other acts of atrocity, indicating a deep-settled hostility toward the people of Missouri and their institutions; and
Whereas the present Administration of the Government of the United States has utterly ignored the Constitution, subverted the Government as constructed and intended by its makers, and established a despotic and arbitrary power instead thereof: Now, therefore,
Be it enacted by the general assembly of the State Missouri, That all political ties of every character now existing between the Government of the United States of America and the people and government of the State of Missouri are hereby dissolved, and the State of Missouri, resuming the sovereignty granted by compact to the said United States upon the admission of said State into the Federal Union, does again take its place as a free and independent republic amongst the nations of the earth.
This act to take effect and be in force from and after its passage.
Approved, October 31, 1861.
I hereby certify the above and foregoing to be a full, true, and perfect copy of the original roll. In testimony whereof I have hereto set my hand and the great seal of the State of Missouri, this 2d day of November, 1861.
[SEAL.]B. F. MASSEY, Secretary of State.
An act ratifying the Constitution of the Provisional Government of the Confederate States of America.
Whereas the Congress of the Confederate States of America have, by an act entitled "An act to aid the State of Missouri in repelling invasion by the United States, and to authorize the admission of said State as a member of the Confederate States of America, and for other purposes," enacted that "the State of Missouri shall be admitted a member of the Confederate States of America, upon an equal footing with the other States, under the Constitution for the Provisional Government of the same, upon condition that the said Constitution for the Provisional Government of the Confederate States shall be adopted and ratified by the properly and legally constituted authorities of said State:" Now, therefore,
Be it enacted by the general assembly of the State of Missouri, as follows:
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This act shall be in force from and after its passage.
Approved, October 31, 1861.
I hereby certify the above and foregoing to be a full, true, and perfect copy of the original roll. In testimony whereof I have hereto set my hand and the great seal of the State of Missouri, this 2d day of November, 1861.
[SEAL]B. F. MASSEY, Secretary of State.
Convention between the Confederate States of America and the State of Missouri.
Whereas it is the common desire of the Confederate States of America and the State of Missouri that said State should become a member of the Confederacy; and
Whereas the accomplishment of their purpose is now prevented by an armed invasion of the territory of 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 the liberties of both;
Now, therefore, for these most desirable objects, the President of the Confederate States of America has conferred full powers on R. M. T. Hunter, their Secretary of State, and the executive power of the State of Missouri on Edward Carrington Cabell and Thomas L. Snead, who, after having exchanged their said full powers in due and proper form, have agreed to the following articles:
The State of Missouri shall be admitted into said Confederacy on an equal footing with the other States composing the same, on the fulfillment of the conditions set forth in the second section of the act of the Congress of the Confederate States, entitled "An act to aid the State of Missouri in repelling invasion by the United 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.
Until said State of Missouri shall become a member of said Confederacy, the whole military force, material of war, and military operations, offensive and defensive, of said State shall be under the chief control and direction of the President of the Confederate States, upon the same basis, principles, and footing as if said State were now and during the interval a member of said Confederacy, the said force, together with that of the Confederate States, to be employed for their common defense.
The State of Missouri will, whenever she becomes a member of said Confederacy, turn over to said Confederate States all the public property, naval stores, and munitions of war of which she may then be in possession, acquired from the United States (excepting the public lands), on the same terms and in the same manner as the other States of said Confederacy have done in like cases.
All expenditures for the prosecution of the existing war, incurred by the State of Missouri, from and after the date of the signing of this convention, shall be met and provided for by the Confederate States.
The alliance hereby made between the said Confederate States and the State of Missouri shall be offensive and defensive, and shall be and remain in force during the continuance of the existing war with the United States, or until suspended by the admission 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.
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In faith whereof we, the commissioners of the Confederate States of America and of the State of Missouri, have signed and sealed these presents.
Done in duplicate, at the city of Richmond, on the 31st day of October, in the year of our Lord 1861.
Mr. Johnson of Arkansas offered
A resolution to ratify the agreement and convention entered into between the State of Missouri and the Confederate States of America; which was taken up.
And on the question of agreeing to the name,
Mr. Kenner, at the instance of the State of Arkansas, demanded that the yeas and nays of the entire Congress be recorded thereon.
The demand was sustained.
And the yeas and nays are recorded as follows, viz:
The vote thereon being unanimous, the same was agreed to.
On motion of Mr. Sparrow, the injunction of secrecy was removed from the vote on the resolution and from the resolution itself.
On motion of Mr. Johnson, the message of the President, together with the accompanying documents, were referred to the Committee on the Judiciary.
Congress then resumed legislative session.
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