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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 --SIXTEENTH DAY--SATURDAY, December 7, 1861.
OPEN SESSION.
Congress met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Hoge.
Mr. Vest announced the presence of John B. Clark, Delegate-elect from the State of Missouri, who came forward, was duly qualified, and took his seat.
Congress then resolved itself into secret session.
SECRET SESSION.
Congress being in secret session,
Mr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act for the employment of laundresses in military hospitals.
Mr. Harris, from the [Committee on] Military Affairs, by general consent, introduced and recommended the passage of
A bill to authorize the appointment of one or more officers to aid the President to sign commissions in the Army;
which was read first and second times, engrossed, read third time, and passed.
Congress then proceeded to the consideration of the unfinished business of yesterday; which was the consideration of the motion of Mr. Rust to lay on the table the resolution of Mr. Johnson of Arkansas relative to the adjournment of Congress.
Mr. Curry called the question; which was seconded, when Mr. Venable, 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:
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Those States voting in the affirmative are,
Arkansas, Mississippi, Missouri, and South Carolina, 4.
Those in the negative are,
Alabama, Georgia, Louisiana, North Carolina, Tennessee, and
Virginia, 6.
The State of Texas being divided, and the State of Florida not voting.
So the motion did not prevail.
Mr. Sparrow moved as a substitute for the resolution of Mr. Johnson of Arkansas the following, to wit:
Resolved, That the Congress will adjourn on Monday, the sixteenth instant, to meet again in Richmond on the sixteenth of January next, unless sooner called together by the President.
Mr. Perkins moved to lay the original resolution, with the substitute, on the table, and Mr. Miles called the question; which was seconded;
When,
Mr. Sparrow, at the instance of the State of Louisiana, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:
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Those States voting in the affirmative are,
Arkansas, Florida, Mississippi, Missouri, South Carolina, Texas, and Virginia, 7.
Those in the negative are,
Alabama, Georgia, Louisiana, North Carolina, and Tennessee, 5. So the motion to lay on the table prevailed.
Executive Department,
Richmond, December 7, 1861.
Mr. President: The President has this day approved and signed
An act for the employment of laundresses in military hospitals.
ROBERT JOSSELYN,
Private Secretary.
Mr. McRae, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to authorize the 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 time therein, again resolved itself into legislative session.
Mr. Johnson of Arkansas introduced
A bill supplementary to an act for the sequestration of the property of alien enemies;
which was read first and second times and referred to the Committee on the Judiciary.
Also, a bill to provide for the instruction and to increase the efficiency of the provisional forces of the Confederate States; which was read first and second times and referred to the Committee on Military Affairs.
Mr. Thomason offered
A resolution instructing the Committee 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 sequestration act; which was read and referred to the Committee on the Judiciary.
Mr. Foreman presented a memorial of sundry citizens of Savannah, Ga., praying relief from the provisions of the sequestration act; which was read and referred to the Committee on the Judiciary.
Mr. Conrad presented the memorial of citizens of New Orleans; which was [read] and referred to the Committee on the Judiciary.
Mr. Brooke introduced
A bill to amend an act for the sequestration of the property and estates of alien enemies;
which was read first and second times and referred to the Committee on the Judiciary.
Mr. Rhett moved that the Chair fill the vacancy on the Committee on Foreign Affairs caused by the resignation of Mr. Venable.
The motion was agreed to.
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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 expediency 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 offered
A resolution instructing the Committee 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 presidents of railroads in North Carolina; which was referred to the Committee on Military Affairs, without being read.
Mr. Smith of North Carolina introduced
A resolution instructing the Committee on the Judiciary to inquire if further legislation be necessary to give full jurisdiction to the district courts over prize vessels first carried into their [sic];
which was read first and second times and agreed to.
Mr. Morehead presented the memorial and resolutions of citizens of North Carolina 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 the Southern Commercial Convention; which was referred to the 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 being 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 introduced
A bill 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 the Committee on Military Affairs to inquire into the expediency of appointing adjutants and commissaries from the ranks; which was read and agreed to.
Mr. Ochiltree presented the memorial of Judge Hill, of Texas; which was referred to the Committee on the Judiciary, without being read.
Mr. Hemphill offered the following resolution; which was read and agreed to, to wit:
Resolved, That the Secretary of War be requested to report to this Congress the number of guns which have been transported to Texas for the defense of the coast of that State, the cost of such transportation, and what would have been the cost had a railroad from New Iberia, in Louisiana, to Orange, in Texas, been completed.
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Also, a resolution to increase the pay of chaplains in the Army, and to allow such officer one ration per day; which was read and referred to the Committee on Military Affairs.
Mr. Seddon offered
A resolution instructing the Committee on the Judiciary to inquire into the expediency of so amending the sequestration act as to include banks and other corporations in Kentucky and Maryland, who may have aided in the war against the 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 to 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 Confederate States against judgments rendered against them in the United States courts;
which was read and agreed to.
Mr. Boteler presented the memorial of Thomas Muslin, 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 public lands would be willing to cede to the Confederate States so much of these as would enable Congress to give to each noncommissioned officer and private in the Army, and to each petty officers and seaman who shall serve during the war, or until disabled, sufficient land for a homestead.
Mr. Crawford moved to lay the resolution on the table, when Mr. Smith of Alabama, called the question; which was seconded, 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:
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Those States voting in the affirmative are,
Alabama, Arkansas, Georgia, Louisiana, Mississippi, Missouri, South Carolina, Tennessee, and Virginia, 9.
Those in the negative are, North Carolina, 1.
The State of Texas being divided, and the State of Florida not voting.
So the motion to lay on the table prevailed.
Executive Department,
Richmond, December 7, 1861.
Mr. President: The President has this day approved and signed
An act to authorize the appointment of one or more officers to aid the President to sign commissions in the Army.
ROBERT JOSSELYN,
Private Secretary.
On motion of Mr. Memminger, Congress then resolved itself into executive session; and having spent some time therein, again resolved itself into legislative session; and
On motion of Mr. Garland,
Adjourned until 12 m. on Monday.
EXECUTIVE SESSION.
Congress being in executive session,
The Chair 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 Congress a communication from the President, nominating the officers in the annexed list, agreeably to the recommendation of the Secretary of the Navy, to appointments in the Navy and Marine Corps of the Confederate States; which is as follows, viz:
To the President of the Congress of the Confederate States of America:
I nominate the officers named in the annexed list, agreeably to the recommendation of the Secretary of the Navy.
JEFFERSON DAVIS.
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The communication was referred to the Committee on Naval Affairs.
The Chair also presented the following communication in reference to the State of Kentucky, viz:
To the Hon. Howell Cobb,
President of the Congress:
I have the honor herewith to transmit a communication from the provisional governor of Kentucky, informing me of the appointment of commissioners on the part of that State to treat with the Government of the Confederate States of America for the recognition of said State and its admission into this Confederacy. Also, a communication from the president and members of the convention which declared the separation of Kentucky from the United States and adopted the provisional government as therein recited. Two of the three commissioners thus appointed have presented their credentials and submitted a proposition to enter upon negotiation for the admission of the State of Kentucky into the Confederacy.
Before entering upon such negotiation 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 so well known to Congress that it is deemed unnecessary to enter here into a statement of the various stages through which it has passed, It may, however, be proper to advert to the fact that in every form in which the question has been presented to the people of Kentucky, we have sufficient evidence to assure us that by a large majority their will has been manifested to unite their destinies with the Southern States whenever, despairing of the preservation of the Union, they should be required to choose between association with the North or the South.
In both the communications presented will be found a powerful exposition of the misrepresentation of the people by the government of Kentucky, and it has led me to the conclusion that the revolution in which they are engaged offered the only remedy within their reach against usurpation and oppression, to which it would be a reflection upon that gallant people to suppose 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 government is manifest, indeed admitted, by terming it revolutionary. This imposes the necessity for examining the evidence to establish the fact that the popular will is in favor of the admission of the State into the Confederacy.
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To this end, I refer the Congress to the commissioners, who have presented to me many facts, which (if opportunity be afforded them) they will, no doubt, as freely communicate to the Congress.
The conclusion to which I have arrived is, that there is enough of merit in the application to warrant a disregard of its irregularity; that it is the people--that is to say, the State. who seek to confederate with us; that, though embarrassed, they can not rightfully be controlled by a Government which violates its obligations and usurps powers in derogation of the liberty which it was instituted to preserve; and that, therefore, we may rightfully recognize the provisional government of Kentucky, and, under its auspices, admit the State into the Confederacy.
In reaching this conclusion I have endeavored to divest myself of the sentiments which strongly attract me toward that State, and to regard considerations, military and political, subordinate to propriety and justice in the determination of the question. I now invite the early attention of Congress, that I may be guided by its advice in my action.
JEFFERSON DAVIS.
Ordinance of the Kentucky convention.
Whereas the Federal Constitution, which created the Government of the United States, was declared by the framers thereof to be the supreme law of the land and was intended to 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 President 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 the States and the people against the expressed provisions of the Constitution, and have thus substituted for the highest forms of rational liberty and constitutional government, a central despotism, founded upon the ignorant prejudices of the masses of Northern society, and, instead of giving protection with the Constitution to the people of fifteen States of this Union, have turned loose upon them the unrestrained raging passions of mobs and fanatics, and because we seek to hold our liberties, our property, our homes, and our families, under the protection of the reserved powers of the States, have blockaded our ports, invaded our soil, and waged war upon our people for the purpose of subjugating us to their will; and
Whereas our honor and our duty to posterity demand that we shall not relinquish our own liberty, and shall not abandon the right of our descendants and the world to the inestimable blessings of constitutional government: Therefore,
Be it ordained, That we do hereby forever never our connections with the Government of the United States, and, 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 her own rights and liberties; and
Whereas the majority of the legislature of Kentucky have violated their most solemn pledges, made before the election, and deceived and betrayed the people; have abandoned the position of neutrality assumed by themselves and the people, and invited into the State the organized armies of Lincoln; have abdicated the government in favor of the military despotism which they have placed around themselves, but can not control, and have abandoned the duty of shielding the citizens with their protection; have thrown upon our people and the State the horrors and ravages of war, instead of attempting to preserve the peace, and have voted men and money for the war waged by the North for the destruction of our constitutional rights; have violated the express words of the Constitution by borrowing five millions of money for the support of the war, without a vote of the people; have permitted the arrest and imprisonment of our citizens and transferred the constitutional prerogatives of the executive to a military commission of partisans; have seen the right of habeas corpus suspended without an effort for its preservation, and permitted our people to be driven in exile from their homes; have subjected our property to confiscation, and our persons to confinement in the penitentiary as felons, because we may choose to take part in a contest for civil liberty and constitutional government against a sectional majority waging war against the people and institutions of fifteen independent States of the old Federal Union, and have done all these things deliberately against the warnings and vetoes of the governor and the solemn remonstrances of the minority in the senate and house of representatives: Therefore,
Be it further ordained, That the unconstitutional edicts of a factious majority of a legislature thus false to their pledges, their honor, and their interests, are not law, and that such government is unworthy of the support of a brave and free people; and that we do therefore declare that the people are thereby absolved from all allegiance to said government, and that they have a right to establish any government which to them may seem best adapted to the preservation of their rights and liberties.
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Done at Russellville, in the State of Kentucky, this 20th day of November, in the year of our Lord 1861.
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Bowling Green, Ky., November 21, 1861.
His Excellency Jefferson Davis,
President of the Confederate States of America.
Sir: The convention which assembled at Russellville, Ky., on the 18th of this month, and which organized the provisional government of Kentucky, appointed the Hon. William Preston, the Hon. Henry C. Burnett, and the Hon. William E. Simms commissioners "to the Government of the Confederate States of America, with power to negotiate and treat with said Confederate States for the earliest practicable admission of Kentucky into the Government of said Confederate States of America," and I have the honor to accredit them to your Government for that purpose.
With assurances of my high regard and esteem, I am, sir, your obedient servant,
GEORGE W. JOHNSON
Provisional Governor of Kentucky.
Bowling Green, Ky., November 21, 1861.
His Excellency Jefferson Davis,
President of the Confederate States of America.
Sir: The convention which assembled at Russellville on the 18th of this month, composed of delegates from sixty-eight counties, and which organized a provisional government for Kentucky, appointed the Hon. Henry C. Burnett, the Hon. William Preston, and the Hon. William E. Simms commissioners to treat with the Government of the Confederate States of America, for the recognition of this government and the admission of this State into said Confederacy upon an equal footing with the other States composing it.
The action of the people of this State, in thus organizing a provisional government for the protection of their rights of person and property, was based, as a necessity, upon the ultimate right of revolution possessed by all mankind against perfidious and despotic governments. A faction, which may be called "the war party of Kentucky," composed of the most of the members of the last Congress and a minority of the legislature, after surrounding themselves with an army of 8,000 Lincoln troops, forced a majority of their own body into caucus and there concocted and afterwards enacted in the legislature (against the vetoes of the governor and the remonstrances of the minority of the senate and house of representatives) a series of oppressive and despotic acts which have left us no alternatives except abject submission or manly resistance. The constitutional right of secession by the State, with organized government, from the ruins of the old Union, was not possible, because the power of adopting such manly and philosophic action was denied us by the enslaved members of the legislature, who not, only submitted themselves to the despotism of the army, but betrayed their political opponents who relied upon their honor, and their own constituents, 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 universally recognized by all nations--that allegiance is due alone to such governments as protect society, and upon that right which God himself has given to mankind, and which is inalienable, the right to destroy any government whose existence is incompatible with the interest and liberties of society. The foundation, therefore, upon which the provisional government rests is a right, of revolution, instituted by the people, for the preservation of the liberty, the interests, and the 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 the facts constituting the necessity of its exercise. These facts will be placed before you by our commissioners, and to these facts we fearlessly invite your attention, and that of the great Government over which you preside. We considered our constitutional liberty and our personal honor Worth more than life or property, and we have confidently staked them both upon the issue.
It is believed that the Confederate States of America will not refuse admission to a State whose sympathies and whose interests are identical with their own and whose geographical position is so important to the Confederacy merely, because we have been unfortunately deprived of that right of constitutional secession which was so fortunately possessed, and so legitimatety exercised, by themselves. There is no incompatibility between the right of secession by a State and the ultimate right of revolution by the people. The one is a civil right founded upon the Constitution; the other is a natural right resting upon the law of God. Mississippi legitimately exercised the right of secession for the preservation of her constitutional liberty. But it the State of Mississippi had corruptly refused to discharge her duty and treacherously made herself a part of the Northern despotism which threatens the
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liberties of her people, would any philosophy deny to her citizens the right of revolution or any theory refuse her protection and admission within the Confederate States?
It is, indeed, philosophic and true that a State should exercise its right of peacefull secession for the preservation of the rights and institutions of its people; but it is neither philosophic nor true that because a people are deprived, by a perfidious State government, of the power of secession, that they therefore have no right to maintain their liberty and their honor by revolution. The admiration of mankind may be excited by a State firmly maintaining the rights of its people; but the manly determination of a people to vindicate their own liberties, at the hazard of life and fortune, against the despotic Government of the North, and against the power and resources of a base and perfidious State government, is not less noble and praiseworthy.
The provisional government of Kentucky is now the index of an almost universal sentiment in the State in favor of a permanent connection with the Confederate States, and the history of the last year, attentively studied, will demonstrate the truth of this assertion, even to a stranger. Since the election of Abraham Lincoln, with the exception of a few thousand emancipators and Abolitionists, the State of Kentucky has been divided into only two parties--the States Rights party and the Union party. It will be unnecessary to do more than assert that the States Rights party were all, and at all times, in favor of a connection with the South, for all candid men will admit it.
The first position assumed by the Union party, after the Presidential election, embraced these ideas: First, the preservation of the Union; second, the protection of Southern institutions by amendments of the Constitution; third, opposition to coercion of the South by arms: and fourth, a continued connection and common destiny with the South. At this period the Union party could not have stood one day if the leaders had dared to avow themselves in favor of Northern sentiment, or an ultimate connection with the North, in the event of a permanent dissolution of the Union.
After the failure of the peace conference, in consequence of the refusal of the Abolitionists to vote amendments to the Constitution for the protection of Southern property, the Union leaders still avowed themselves opposed to the coercion of the South; but 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. Thus, after the refusal of their abolition allies to give constitutional protection to Southern property, we have again a confession of the "Union leaders," embodied in their creed, that their party was in favor of an ultimate connection of the State with the South. This was the party creed at the last election in Kentucky, when members of Congress and members of the State legislature were chosen.
The final change in the Union party was now near at hand. The President and his counsellors refused to respect the neutrality of Kentucky, and determined to organize a force in Kentucky to hold the State and to pass over its territory, to strike a blow at the heart of the Southern Confederacy. Congress met, the Union members threw off disguise and voted men and money for the war. The indignation of the whole State was excited. The people were aroused, and the denunciations of the war tax and enlistments for the North were violent and extreme. The members of Congress were now secretly engaged in introducing and organizing an army. The leaders of the Union party now clearly perceived that they must shield themselves, by an army, from the indignation of the people. This idea was soon impressed upon those members of the legislature who were really in favor of an honest neutrality of Kentucky. They met in caucus and soon determined to protect themselves with the army, overawe their own constituents, and to pursue, without mercy, their political opponents. This is a simple and true history of the Union party of Kentucky, and under all its phases, except the last, it avowed its preference for the South; and in its last, the leaders suppressed the sentiment of their own party by the sword.
This recital is made for one purpose alone, and that is, to show that the whole body of the people of Kentucky have in the last year, repeatedly avowed themselves in favor of an ultimate peaceful connection of the State, by a vote of the people, with the Confederate States. The Union leaders avowed the same intention until they had organized an army sufficient to protect themselves against the rage of the people.
The leaders of the States Rights party in Kentucky always knew that the people were with them on this question, and they hoped to the last that they would be able to expose the designs of the war faction, and thus carry with them the State government. The hope of being able to act with the forms of law made them risk everything till too late. No one could have anticipated the unparalleled audacity and treachery of the leaders of the Union party, when they violated their own position of neutrality and deliberately determined to plunge the State in war. Up to the last moment of safety we attempted to save the State by State action; and we did
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this because we knew the people were almost unanimously with us as to the ultimate destiny of the State. This fact is also admitted by General Thomas in his report as to the condition of Kentucky.
How, then, can Your Excellency refuse admission to our State because the State Government has itself dared to betray the people, and left them no hope except in their own manly determination to maintain with arms their own liberties? Your own theory of government was dear to us. We were habitually accustomed to look to the State and State action for the redress of Federal wrongs. We wished to secede from the old Federal Union, with all the rights of Kentuckians guarded by all the forms of State government. We pursued this idea to the last. We adhered to this determination until the theory itself was lost in the treachery of the legislature, and until the State government had abandoned its people and indissolubly united itself with the public enemy.
For nearly two years no election can take place in Kentucky for members of the legislature. Should we have submitted during all this period to an anarchy, or to laws hostile to our people? Even then the sword would still have to be drawn to solve the question. When hope had left us, and when, perhaps, the independence and boundaries of the Confederate States were acknowledged and established, and the struggle was over--then to inaugurate a hopeless civil war would have been criminal, and we would have been, by our own honor, forced to go in exile from our own native State.
No theory, however sound, can demand this sacrifice. We come to you now, when it is honorable to do so, to offer you our assistance in a common cause, while peril surrounds us both, and to share with you a common destiny. It is not possible, in an age of honor, that the strong will respect the weak, because the people have risen up to vindicate that cause which was betrayed by the State.
We, therefore, hope that you will feel disposed to throw around this provisional government, in its infancy, the protection of the Confederate States of America. Let the preservation of constitutional government be alike the destiny and the glory of your great Confederacy. As a people long connected with you, we ask admission to your Government. In such a struggle, however, we will not in any event despair; but, believing that God Himself has so organized human society and interests as to implant forever in truth an irresistible power, even if you abandon us, we will fearlessly struggle on to the consummation of our own destiny.
With assurances of my high regard, I am, sir, your obedient servant,
GEO. W. JOHNSON.
Mr. Crawford offered the following resolution, viz:
Resolved, That the Honorable Henry C. Burnett and the Honorable William E. Simms, commissioners from the State of Kentucky to, the Government of the Confederate States, be entitled to appear and communicate with this Congress on Monday next, at one o'clock, or at such other time as may be most agreeable to them, on the subject-matter of their mission;
which was agreed to.
On motion of Mr. Bocock, the message and documents were laid on the table until Monday next, at 1 o'clock p. m.
Congress then resumed legislative session.
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