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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-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 resolved itself into legislative session.
Executive Department,
Richmond, December 20, 1861.
Mr. President: The President has this day approved and signed
An act for the per diem and mileage of carriers of the electoral votes for President and Vice-President to the seat of government.
ROBERT JOSSELYN,
Private Secretary.
Mr. Rives, by unanimous consent, was allowed to make a verbal alteration in the resolutions relating to Maryland, to wit, by striking out therefrom the word "dignity" and inserting in lieu thereof the word "integrity," and by striking out the word "States" and by inserting in lieu thereof the word "Union."
Mr. Johnson of Arkansas moved that the Congress take a recess until 7 o'clock p. m.
Mr. McRae moved that the Congress do now adjourn.
The motion did not prevail.
Mr. Perkins moved that the Congress do now adjourn, to meet again to-morrow at 10 o'clock a. m.
The motion was not agreed to.
The question then recurring upon the motion of Mr. Johnson of Arkansas, to take a recess until 7 o'clock p. m., and the vote having been taken thereon,
The motion prevailed.
7 O'CLOCK P. M.
Congress met pursuant to adjournment, and on motion of Mr. Johnson of Arkansas, resolved itself into executive session; and having spent some time therein, again resolved itself into legislative session.
Mr. William Ballard Preston, from the Committee on Military Affairs, to whom was referred the report and accompanying documents of the Secretary of War, made a report thereon; which was laid on the table for the present.
Mr. Johnson of Arkansas moved that from and after 1 o'clock p. m. to-morrow be set apart for the consideration of the Indian treaties in executive session.
Mr. Garland called the question; which was seconded, and
Mr. Johnson, at 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:
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Yea: Arkansas, Kentucky, Mississippi, Missouri, North Carolina, and Tennessee, 6.
Nay: Alabama, Florida, Louisiana, South Carolina, and Texas, 5.
Divided: Virginia, 1.
Not voting: Georgia, 1.
The motion did not prevail.
Mr. Johnson moved to reconsider the vote by which the House refused to agree to his motion.
The motion to reconsider prevailed; and
The House, on motion of Mr. Ochiltree, agreed to take up the consideration of the Indian treaties after 1 o'clock p. m. in executive session, providing that the treaty with the Comanche Indians should be last considered.
Mr. Owens presented the memorial of T. N. Palmer; which was referred to the Committee on the Judiciary, without being read.
Mr. Hemphill introduced
A bill relating to the transfer of claims upon the Confederate States; which was read first and second times and, on motion, placed on the Calendar.
And Congress, on motion of Mr. Garland,
Adjourned until 12 m. to-morrow.
EXECUTIVE SESSION.
Congress being in executive session,
The special order, being the consideration of the Indian treaties, was take up.
Mr. Currin moved that the special order be postponed and that Congress proceed to consider the nomination of W. H. Carroll, of Tennessee, as brigadier-general.
Mr. Conrad moved to postpone the same.
Mr. Waul called the question; which was seconded.
Mr. Currin demanded the yeas and nays.
The question being on the motion of Mr. Conrad, to postpone the confirmation of Mr. Carroll, of Tennessee, as brigadier-general, the vote thereon was taken by States,
Yea: Alabama, Florida, Georgia, Kentucky, Louisiana, and South Carolina.
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Nay: Mississippi, Missouri, North Carolina, Tennessee, and Virginia.
Divided: Arkansas and Texas.
So the motion to postpone was lost.
Mr. Johnson of Arkansas called the question; which was seconded.
And the nomination of W. H. Carroll, of Tennessee, as brigadier-general in the Army of the Confederate States was confirmed.
Congress then proceeded to the consideration of the treaty between the Choctaw and Chickasaw nations of Indians and the Confederate States of America.
The forty-third article of the treaty having been read; which is as follows, viz:
Mr. Johnson of Arkansas moved to amend the same by striking out the words "or of any one of the States" and inserting at the end of the article the following words:
And the Confederate States will request the several States of the Confederacy to adopt and enact the provisions of this article in respect to suits and proceedings in their several courts.
The amendment was agreed to; and
Article XLIII as amended was, two-thirds of the States voting in the affirmative, adopted.
The forty-fourth article having been read; which is as follows, viz:
Mr. Monroe moved to amend Article XLIV by striking out the following words: "or in a State court" and insert in lieu thereof the following words, viz: "or in a State court, subject to the laws of the State."
The question being on agreeing to the amendment, the vote thereon was taken by States,
Yea: Arkansas, Missouri, North Carolina, and Tennessee.
Nay: Alabama, Florida, South Carolina, Texas, and Virginia.
Divided: Georgia, Kentucky, Louisiana, and Mississippi.
Two-thirds of the States not voting in the affirmative, the motion to amend was lost.
A message was received from the President, transmitting Indian treaties, etc.; which were referred to the Committee on Indian Affairs.
Mr. Johnson of Arkansas moved to reconsider the vote on the amendment offered by Mr. Monroe.
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Mr. Macfarland called the question; which was seconded.
Mr. Monroe moved to reconsider the vote by which the call for the question was sustained.
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; which were taken by States,
Yea: Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri. North Carolina, South Carolina, Tennessee, Texas, and Virginia, 12.
Nay: 0.
Divided: Alabama, 1.
Two-thirds of the States voting in the affirmative,
The amendment was agreed to.
The Chair presented a communication from the President, making sundry nominations of surgeons in the Army; which, on motion of Mr. Harris, were agreed to.
Also, several nominations of officers in the Confederate States Army; which were, on motion, referred to the Committee on Military Affairs.
Mr. Smith of Alabama moved to take up the nomination of Joseph B. Cherry, of North Carolina, as adjutant in the Provisional Army of the Confederate States.
The motion prevailed, and the Congress advised and consented to the same.
Mr. Conrad moved to confirm certain nominations, the objections to the same made at a previous session having been withdrawn.
The motion was agreed to, and the Congress advised and consented to said nominations.
Mr. Ochiltree moved to take up for consideration the nomination of Louis T. Wigfall, of Texas, as brigadier-general in the Provisional Army of the Confederate States; which was agreed to, and Congress advised and consented to the same.
Mr. Foreman moved the confirmation of Hugh W. Mercer, of Georgia, as brigadier-general in the Provisional Army of the Confederate States of America.
And Congress advised and consented to said nomination.
On motion of Mr. Johnson of Arkansas,
Congress then resumed legislative session.
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