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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-SIXTH DAY--THURSDAY, December 19, 1861.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
TWENTY-SIXTH DAY--THURSDAY, December 19, 1861.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Hoge.

Congress then resolved itself into secret session.

SECRET SESSION.

Congress being in secret session,

Mr. Orr presented the memorial of a surgeon of a Mississippi regiment; which was referred to the Committee on Military Affairs, without being read.

Mr. House offered the following resolution; which was read, and is as follows, to wit:

Resolved, That the Secretary of the Navy be empowered to purchase four steamboats, to be converted as soon as practicable into gunboats, for the defense of the Cumberland River, and also to procure a like number of gunboats for the defense of the Tennessee River, at the earliest practicable moment.

Mr. Barnwell moved to refer the resolution to the Committee on Naval Affairs.

The motion did not prevail.

The question then recurred upon agreeing to the resolution of Mr. House; and the vote having been taken thereon, the same was adopted.

Mr. Russell moved that Congress do now proceed to the consideration of the special order for the day; which was the consideration of a resolution relating to Maryland, offered by himself.

The motion was agreed to, and Congress having proceeded to the consideration of the resolution; which is as follows, to wit:

Resolved by the Congress of the Confederate States of America, That the sufferings of the good people of Maryland, under the, oppression of our enemy, excite our profound sympathy and entitle them to speedy and efficient exertions on our part for their relief; and that the war should be prosecuted with a view to facilitate the admission of Maryland into this Confederation with the full consent of her people,


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Mr. Russell moved to amend the same by striking out therefrom the following words, to wit:
and that the war should be prosecuted with a view to facilitate the admission of Maryland into this Confederation with the full consent of her people,

And by inserting in lieu of the name the following words, to wit:
that it is the desire of this Government, by appropriate measures, to facilitate the accession of Maryland, with the free consent of her people, to the Confederate States.

The amendment was agreed to.

And the preamble of the same being under consideration; which is as follows, to wit:

Whereas the State of Maryland has suffered the same wrongs which impelled these Confederate States to withdraw from the United States, and is intimately associated with these States by geographical situation, by mutual interests by similarity of institutions, and by enduring sentiments of reciprocal amity and esteem; and

Whereas it is believed that a large majority of the good people of Maryland earnestly desire to unite their State with the Confederate States; a desire which is proved to exist even by the violent, extraordinary, and tyrannical measures employed by our enemy to restrain the expression thereof; and

Whereas the Government of the United States, by imprisoning members of the legislature of Maryland, by establishing powerful armies of foreign troops within that State and along her borders, and by suppressing with armed force the freedom of speech and of elections, has prevented the people and their representatives from adopting the political connection 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 accession of Maryland to this Confederation will be mutually beneficial, and is especially important to Virginia as well as Maryland: Be it therefore.

Mr. Russell moved to amend the same by striking out there from the following words, to wit: "and is especially important to Virginia as well as Maryland."

The amendment was agreed to; and

Mr. Rives moved further to amend by inserting therein the following words, to wit: "and is essential to the security and dignity of the Confederate States."

The amendment was agreed to.

And the preamble and resolution as amended were engrossed, read a third time.

Mr. Rhett moved to reconsider the vote by which the Congress ordered the resolution to be engrossed for a third reading.

The motion prevailed; and

Mr. Rhett moved to amend the same by adding as an additional resolution the following, to wit:

That no peace ought to be concluded with the United States which does not insure to Maryland the opportunity of forming a part of this Confederacy.

And upon which he called the question; which was seconded;

When,

Mr. Conrad, 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:

Yea: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Missouri: North Carolina, South Carolina, Tennessee, Texas, and Virginia, 12.

Divided: Mississippi, 1.

So the amendment was agreed to.

And Mr. Russell moved to amend the title to the same by making it read "Resolutions relating to Maryland," in lieu of "A resolution relating to Maryland."

The amendment was agreed to.

And the resolution as amended, together with the preamble and title, was engrossed, read a third time, and passed, and is as follows, to wit:

Resolutions relating to Maryland.

Whereas the State of Maryland has suffered the same wrongs which impelled these Confederate States to withdraw from the United States, and is intimately associated with these States by geographical situation, by mutual interests, by similarity of institutions, and by enduring sentiments of reciprocal amity and esteem; and

Whereas it is believed that a large majority of the good people of Maryland earnestly desire to unite their State with the Confederate States; a desire which is proved to exist even by the violent, extraordinary, and tyrannical measures employed by our enemy to restrain the expression thereof; and

Whereas the Government of the United States, by imprisoning members of the legislature of Maryland, by establishing powerful armies of foreign troops within that State and along her borders, and by suppressing with armed force the freedom of speech and of elections, has prevented the people and their representatives from adopting the political connection 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 accession of Maryland to this confederation will be mutually beneficial, and is essential to the security and dignity of the Confederate States: Be it therefore

Resolved by the Congress of the Confederate States of America, That the sufferings of the good people of Maryland, under the oppression of our enemy, excite our profound sympathy and entitle them to speedy and efficient exertions on our part for their relief.

Executive Department,
Richmond, December 19, 1861.

Mr. President: The President has this day approved and signed

An act further supplementary to an act to authorize the issue of Treasury notes, and to provide a war tax for their redemption.

ROBERT JOSSELYN,
Private Secretary.


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The Chair presented certain estimates of the Secretary of the Treasury; which were referred to the Committee on Finance, without being read.

Mr. Barnwell, from the Committee on Finance, by unanimous consent, reported back and recommended the passage of

An act for the per diem 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 Mr. Johnson of Arkansas, Congress then resolved itself into executive session; and having spent some time therein, again resolved itself into legislative session.

Mr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled

An act for the recruiting service of the Provisional Army of the Confederate States.

Executive Department,
Richmond, December 19, 1861.

Mr. President: The President has this day approved and signed

An act for the recruiting service of the Provisional Army of the Confederate States.

ROBERT JOSSELYN,
Private Secretary.

Mr. McRae, from the Committee on Engrossment, reported as correctly engrossed and enrolled

An act for the per diem and mileage of carriers of the electoral votes for President and Vice-President to the seat of government.

Mr. Johnson moved that to-morrow be set apart for the further consideration of the Indian treaties in executive session.The motion prevailed.

And, on motion of Mr. Venable,

Congress adjourned until 12 o'clock m. to-morrow.

EXECUTIVE SESSION.

Congress being in executive session,

On motion of Mr. Smith, the nomination of N. G. Evans, of the State of South Carolina, was taken up, and Congress advised and consented to the nomination.

Mr. Johnson of Arkansas, from the Committee on Indian Affairs, to whom was referred the message of the President, with accompanying documents, in reference to treaties with various Indian tribes, reported back to Congress the treaty between the Choctaw and Chickasaw nations of Indians and the Confederate States of America, recommending that Congress do ratify the same, with amendments hereafter reported.

The twenty-seventh article of the treaty having been read, as follows, viz:

Mr. Johnson of Arkansas moved to amend the same by striking therefrom the following words, viz:
to the same rights and privileges as may be enjoyed by Delegates from any Territory of the Confederate States.

The question being,

Shall the words remain a part of the article?

The vote thereon was taken by States,

Yea: 0.

Nay: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, and Virginia, 13.

Two-thirds of the States voting in the negative, the words were stricken out.

Mr. Johnson of Arkansas moved to insert in lieu of the words stricken out, the following words, to wit:
to a seat in the Hall of the House of Representatives, to propose and introduce measures for the benefit of said nations, and to be heard in regard thereto and on other questions in which either of said nations is particularly interested, and such other rights and privileges as may be determined by the House of Representatives.

Mr. Barnwell moved to amend the amendment by striking out all of the same, except the following words, viz:
such rights and privileges as may be determined by the House of Representatives.

Mr. Brooke moved to lay the motion of Mr. Barnwell on the table.

The motion prevailed.

The question recurring on the motion of Mr. Johnson of Arkansas, the vote thereon was taken by States,

Yea: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, and Virginia, 13.

Nay: 0

Two-thirds of the States voting in the affirmative, the motion was agreed to.

The twenty-eighth article having been read as follows, viz:

Mr. Johnson of Arkansas, from the Committee on Indian Affairs, moved to amend the same by striking out the following words, viz:
the whole Choctaw and Chickasaw country, as above defined, shall be received and admitted into the Confederacy as one of 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?

The vote thereon was taken by States,

Yea: 0.

Nay: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, and Virginia, 13.

Two-thirds of the States voting in the negative, the words were stricken out.

Mr. Johnson of Arkansas moved to amend by inserting in lieu of the words stricken out, the following words, viz:
the application of the said nations to be admitted as a State into the Confederacy on equal terms, in all respects, with the original States, shall be referred to and considered by the Congress of the Confederate States, by whose act alone, under the Constitution, new States can be admitted, and whose consent it is not in the power of the President or of the present Congress to guarantee in advance; and if the Congress shall assent to such admission, the whole Choctaw and Chickasaw country, as above herein defined, shall constitute the State admitted, and in case of such admission.

The question being on the amendment of Mr. Johnson, the vote thereon having been taken by States,

Yea: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Tennessee, Texas, and Virginia, 12.

Nay: 0.

Two-thirds of the States voting in the affirmative, the amendment was agreed to.

Mr. Garland moved that Congress resolve itself into legislative session, with leave to sit in executive session again at 12 o'clock to-morrow.

The motion was lost.

After further consideration of the treaty,

On motion of Mr. McRae,

Congress resolved itself into legislative session.

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