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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 --TWENTY-FIFTH DAY--WEDNESDAY, December 18, 1861.
OPEN SESSION.
Congress met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Johns.
Mr. Monroe announced the presence of Mr. Thomas Johnson, a Delegate-elect from the State of Kentucky, who came forward, was duly qualified, and took his seat.
Congress then resolved itself into secret session.
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SECRET SESSION.
Congress being in secret session,
A message was received from the President, by the hands of his Private Secretary, Mr. Josselyn.
Mr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act providing for the transfer of certain appropriations;
An act to establish the date from which the commissions of certain staff officers shall take effect;
A resolution of thanks to Brig. Gen. N. G. Evans and the officers and soldiers under his command for their gallant conduct in the battle of Leesburg; and
An act for the recruiting service of the Provisional Army of the Confederate States.
Mr. Johnson of Arkansas, from the Committee on Indian Affairs, at the, instance of that committee, moved that to-morrow be set apart for the consideration of the Indian treaties in executive session.
The motion was not agreed to.
Mr. Crawford, by general consent, offered a resolution providing for the appointment of a committee of three to examine into the manner by which the secret proceedings of Congress were made public, and giving said committee power to send for persons and papers.
Mr. Rhett called the question; which was seconded, when Mr. Kenan, at the instance of the State of Georgia, demanded that the yeas and nays of the whole body be recorded thereon;
When,
Mr. Harris of Missouri moved to reconsider the vote by which the demand for the question was sustained.
The motion to reconsider prevailed, and Mr. Rhett withdrew the demand for the question.
Mr. Crawford moved to amend his re, solution by adding thereto the following; words, to wit:
that said committee be instructed to report such legislation as will prevent the publication of the proceedings of this body in future, unless the injunction of secrecy be removed therefrom.
The amendment was agreed to.
And the question recurring upon the adoption of the resolution as amended, the same was adopted, and is as follows, to wit:
Resolved, That a committee of three be appointed by the Chair to examine into the manner by which the proceedings of this body have been made public, and that said committee have power to send for persons and papers, and that said committee be instructed to report such legislation as will prevent the publication of the proceedings of this body in future, unless the injunction of secrecy be removed therefrom.
The Chair announced the following as the committee:
Messrs. Conrad of Louisiana, Johnston of Virginia, and Avery of North Carolina.
The Congress then proceeded to the consideration of the unfinished business of yesterday; which was the resolution of Mr. Kenner, providing for a recess of Congress.
Mr. Waul moved to amend the resolution of Mr. Kenner by striking out the whole thereof and substituting in lieu of the same the following, to wit:
Resolved, That when this House adjourns on Monday, the twenty-third instant, it will adjourn to meet on the thirteenth day of January next.
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Mr. Bocock called the question; which was seconded, and Mr. Waul, 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:
Yea: Alabama, Arkansas, Florida, Louisiana, Mississippi, Missouri, Tennessee, and Texas, 8.
Nay: Georgia, North Carolina, South Carolina, and Virginia, 4.
Divided: Kentucky, 1.
So the amendment was agreed to.
Mr. Perkins moved to lay the amendment, by way of substitute of Mr. Waul, on the table.
When Mr. Foreman called the question; which was seconded, and Mr. Perkins, 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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Yea: Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri, South Carolina, and Virginia, 8.
Nay: Florida, North Carolina, and Tennessee, 3.
Divided: Louisiana and Texas, 2.
So the motion to lay on the table prevailed.
Mr. Johnson of Arkansas moved that to-morrow be set apart for the consideration of the Indian treaties in executive session.
The motion was agreed to.
Mr. Conrad moved that Friday next be set apart for the consideration of bills from the Committee on Naval Affairs.
The motion was agreed to.
On motion of Mr. Ochiltree, Congress then proceeded to the consideration 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, the bill was, on motion of Mr. Ochiltree, recommitted to the Committee on Territories, with instructions to report a bill which shall be the special order of Saturday next.
Mr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act further supplementary to an act to authorize the issue of Treasury notes, and to provide a war tax for their redemption.
Mr. Boyce, by general consent, presented the petition of Rufus M. Johnston and others, relative to the sequestration act; which was referred to the Committee on the Judiciary, without being read.
Executive Department,
Richmond, December 18, 1861.
Mr. President: The President has this day approved and signed
An act to provide for the payment of the carriers of the electoral votes of the respective States of the Confederacy;
An act to establish the date from which the commissions of certain staff officers shall take effect; and
A resolution of thanks to Brig. Gen. N. G. Evans and the officers and soldiers under his command for their gallant conduct in the battle of Leesburg.
ROBERT JOSSELYN,
Private Secretary.
The Chair presented a communication from the President, transmitting to Congress a letter from the Attorney-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 Department,
Richmond, December 18, 1861.
To the honorable President of the Congress.
Sir: Herewith I transmit a letter of the Attorney-General, covering a communication on the subject of taxes due upon property sequestered by the Government of the Confederate States, and for which it is liable to be sold on account of the several States.
The attention of Congress is called to the necessity of providing for the payment of sums now due, as well as those which will become due, on account of the property referred to and which it is believed must remain subject to taxation by the several States.
JEFFERSON DAVIS.
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The Chair also presented a message from the President; which was read and, with accompanying documents, referred to the Committee on Military Affairs, and which is as follows, to wit:
To the Provisional Congress of the Confederate States:
I herewith transmit a copy of a communication from Mr. William S. Ashe, urging the completion of certain railroads as necessary for the proper transportation of troops and military stores in the exigencies of the present war. I also transmit a copy of a communication from Mr. E. Fontaine, president, of the Central Railroad of Virginia, urging the completion of twenty miles of the Covington and Ohio Railroad upon considerations of military necessity.
I communicate to you with these letters a series of resolutions adopted at a convention of railroad presidents, held in Richmond on the 6th December asking for the assistance of the Confederate Government in procuring certain supplies which are indispensable to the railroad system of the country.
That certain appropriations which otherwise could not be constitutionally made by the Confederate Government come within the range of its powers when absolutely necessary for the prosecution of a war there is no doubt. It is equally clear that when this military necessity ceases the right to make such appropriations no longer exists. To exercise this power, when it exists, and to confine it within the proper limits, is a matter for the just discretion of Congress; and to enable it to act upon the interesting subjects to which they relate, I transmit the communications and resolutions which accompany this message.
I have already recommended that the Confederate Government should assist in making a railroad from Danville, Va., to Greensboro, N. C., upon the ground of a strong military necessity for completing an interior through line from Virginia to the Southern Atlantic States. I deem this to the necessary, not only on account of the superior safety of such a line from hostile inroads and invasions, but because of the great additional facilities which its completion would afford for the transportation of troops and military supplies. The road from Selma, Ala., to Meridian, Miss., is a link that has claims similar to the road already recommended to your assistance in a previous message. Whilst the completion of the twenty miles of the Covington and Ohio Railroad, as proposed by Mr. Fontaine, might be eminently useful for military purposes, I can not, in the present condition of the Treasury, recommend that you should contribute by direct appropriation.
The resolution of the convention of railroad presidents and superintendents relates to a most important subject. If the railroads should be generally disabled from transporting troops and military supplies for the prosecution of the war, the result would be most disastrous. It is urged that the capital necessary to construct, the establishments required for re-rolling rails and the manufacture of locomotives can not well be had unless the Confederate. Government would make some advance for the purpose. With the machinery proper for rolling the rails there might be connected that which is necessary for rolling plates, for uses which are wanted in the naval service. How far it would be proper for Congress to authorize advances to be made on contracts to furnish these plates or engines it would be for that body to consider and determine. Some such advance might facilitate and secure the establishment of works which would at the same time furnish what is required by the Government, re-rolling the railroad iron, and make locomotives for the use of the railroads.
The exigency is believed to be such as to require the aid of the Government, and is commended to your favorable consideration.
JEFFERSON DAVIS.
Richmond, December 17, 1861.
The Chair also presented a communication from the President; which, with the accompanying documents, was read and laid on the table and which is as follows, to wit:
Executive Department,
Richmond, December 18, 1861.
To the honorable President of the Congress.
Sir: I herewith transmit to the Congress a copy of a joint resolution of the State of Tennessee in accordance with the request of that body.
JEFFERSON DAVIS.
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Executive Department
Richmond, December 18, 1861.
Mr. President: The President has this day approved and signed
An act providing for the transfer of certain appropriations.
ROBERT JOSSELYN
Private Secretary.
On motion of Mr. Kenan, Congress then resolved itself into executive session;a and having spent some time therein, again resolved itself into legislative session.
[Note a: a The Journal of this executive session has not been found.]
Mr. Kenan, from the Committee on Military Affairs, returned an enrolled bill, and by unanimous consent was allowed to make a verbal alteration in the same, to wit: by striking out the words "the various regiments" and inserting in lieu thereof "service for the war or for three years."
Congress, on motion of Mr. Thomason.
Then adjourned until 12 o'clock to-morrow.
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