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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-EIGHTH DAY--SATURDAY, December 21, 1861.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
TWENTY-EIGHTH DAY--SATURDAY, December 21, 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,

Mr. Hale presented sundry petitions; which were referred to the Committee on Postal Affairs, without being read.

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Also, joint resolutions of the legislature of Alabama; which were referred to the Committee on Military Affairs, without being read.

Mr. Garland introduced

A bill to provide for the payment of pensions in the Confederate States of America, and the Indian tribes under their protection;
which was read first and second times and referred to the Committee on the Judiciary.

Mr. Monroe introduced

A bill to determine the number of members the State of Kentucky shall be entitled to have in the House of Representatives of the Congress of the Confederates States, and in relation to the election and returns thereof;
which was read first and second times.

Mr. Ochiltree moved to refer the same to the Committee on the Judiciary, and upon which, 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:

• Alabama--Nay: Mr. Hale.
• Arkansas--Yea: Mr. Garland. Nay: Messrs. Johnson, Thomason, and Watkins.
• Florida--Yea: Messrs. Ward and Owens.
• Kentucky--Nay: Messrs. Monroe and Johnson.
• Louisiana--Yea: Messrs. Perkins, De Clouet, and Conrad.
• Mississippi--Yea: Messrs. Barry and Campbell. Nay: Messrs. Harris, Orr, and Harrison.
• Missouri--Yea: Mr. Harris. Nay: Messrs. Clark, Cooke, Conrow, Vest. and Freeman.
• North Carolina--Yea: Messrs. Davis, Avery, Smith, and Venable. Nay: Messrs. Puryear and Davidson.
• South Carolina: Nay: Messrs. Rhett and Boyce.
• Tennessee--Yea: Messrs. House, De Witt, and Currin. Nay: Mr. Caruthers.
• Texas--Yea: Messrs. Hemphill, Oldham, and Ochiltree. Nay: Mr. Waul.
• Virginia--Yea: Messrs. William B. Preston, Tyler, Boteler, and Staples. Nay: Messrs. Macfarland, Bocock, Rives, Brockenbrough, and Johnston.

Yea: Florida, Louisiana, North Carolina, Tennessee, and Texas, 5.

Nay: Alabama, Arkansas, Kentucky, Mississippi, Missouri, South Carolina, and Virginia, 7.

Not voting: Georgia, 1.

So the motion to refer did not prevail.

The bill was then engrossed, read third time, and passed.

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

Resolutions relating to Maryland.

Mr. Perkins offered the following resolution; which was read and agreed to, to wit:

Resolved, That the estimates from the several Departments be printed for the use of the House.

Also, the following resolution; which was read and agreed to, to wit:

Resolved, That the Secretary of the Treasury be requested to communicate to Congress, for information, the returns of the produce loan up to this date, together with

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suggestions as may relate to the same; also copies of such circular letters as he has addressed to the agents of the Government upon this subject.

Mr. Conrad asked to be excused from serving on the committee raised to inquire and report upon the manner by which the secret proceedings of the House were made public, etc.

The House refused to grant the request.

Mr. Harris, from the Committee on the Judiciary, to whom was referred the message of the President and accompanying documents relative to the taxes on sequestered property, reported and recommended the passage of

A bill in relation to the taxes on property which has been, or is liable to be, sequestered as the property of alien enemies;
which was read first and second times, engrossed, read third time, and passed.

Mr. Johnson moved that Congress do now resolve itself into executive session, and 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:

• Alabama--Yea: Mr. McRae. Nay: Mr. Hale.
• Arkansas--Yea: Messrs. Johnson, Garland, and Watkins. Nay: Mr. Thomason.
• Florida--Nay: Mr. Owens.
• Georgia--Yea: Mr. Toombs.
• Kentucky--Yea: Mr. Johnson. Nay: Mr. Monroe.
• Louisiana--Yea: Mr. De Clouet. Nay: Mr. Perkins.
• Mississippi--Nay: Messrs. harris, Orr, Bradford, Harrison, and Campbell.
• Missouri--Yea: Messrs. Clark, Cooke, Conrow, Vest, and Freeman. Nay: Mr. Harris.
• North Carolina--Yea: Messrs. Avery, Venable, Puryear, and Davidson. Nay: Messrs. Davis and Smith.
• South Carolina--Nay: Messrs. Rhett, Memminger, and Boyce.
• Tennessee--Yea: Messrs. House, De Witt, and Currin. Nay: Mr. Caruthers.
• Texas--Yea: Messrs. Waul and Oldham. Nay: Messrs. Hemphill and Ochiltree.
• Virginia--Yea: Messrs. Macfarland, Bocock, and Rives. Nay: Messrs. Brockenbrough, Russell, and Johnston.

Yea: Arkansas, Georgia, Missouri, North Carolina, and Tennessee, 5.

Nay: Florida, Mississippi, and South Carolina, 3.

Divided: Alabama, Kentucky, Louisiana, Texas, and Virginia, 5.

The motion did not prevail.

Mr. Waul offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Commissioner who negotiated the treaty with the Indian tribes be invited to be present when the remaining treaties shall be considered by Congress, for the purpose of such explanation as may be desired.

On motion of Mr. Waul, Congress then resolved itself into executive session; and having spent some time therein, again resolved itself into legislative session.

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

An act to determine the number of members the State of Kentucky shall be entitled to have in the House of Representatives of the congress

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gress of the Confederate States, and in relation to the election and returns thereof.

Executive Department,
Richmond, December 21, 1861.

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

Resolutions relating to Maryland; also

An act to determine the number of members the State of Kentucky shall be entitled to have in the House of Representatives of the Congress of the Confederate States, and in relation to the election and returns thereof.

ROBERT JOSSELYN,
Private Secretary.

On motion of Mr. Johnson of Arkansas, Congress then took a recess until 7 o'clock p. m.

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. Davidson offered the following resolution:

Resolved, That when this House adjourns this evening it take a recess until the sixth day of January next.

Mr. Garland moved to postpone the consideration of the same until 12 o'clock m. on Monday, and upon which Mr. Davidson, at the instance of the State of North Carolina, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:

• Alabama--Yea: Messrs. Hale and McRae.
• Arkansas--Yea: Messrs. Johnson, Thomason, and Garland. Nay: Mr. Watkins.
• Kentucky--Yea: Messrs. Monroe and Johnson.
• Louisiana--Yea: Mr. Perkins.
• Mississippi--Yea: Messrs. Harris, Harrison, and Campbell. Nay: Mr. Orr.
• Missouri--Yea: Messrs. Clark, Harris, and Conrow.
• North Carolina--Yea: Messrs. Venable and Puryear. Nay: Messrs. Smith and Davidson.
• Tennessee--Nay: Messrs. House, De Witt, Currin, and Caruthers.
• Texas--Yea: Messrs. Reagan, Hemphill, Waul, Oldham, and Ochiltree.
• Virginia--Yea: Messrs. W. B. Preston, Bocock, and Johnston. Nay: Mr. Russell.

Yea: Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, Texas, and Virginia, 8.

Nay: Tennessee, 1.

Divided: North Carolina, 1.

Not voting: Florida, Georgia, and South Carolina, 3.

Mr. William Ballard Preston moved to take up for consideration the report of the Committee on Military Affairs relative to the publishing the reports of the various battles.

The motion was agreed to.

And Congress having proceeded to the consideration of the same,

So much of the report as refers to the publishing the report of Major-General Polk, of the battle of Belmont, was, on motion of Mr. Perkins, agreed to.

Congress, on motion of Mr. Smith of North Carolina,

Then adjourned until 11 o'clock a. m. on Monday.

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EXECUTIVE SESSION.

The Congress being in executive session,

The Chair laid before Congress a communication from the President of the Confederate States; which is as follows, viz:

Richmond, Va., December 21, 1861.

To the Congress of the Confederate States:

I nominate the officers on the accompanying list to the rank affixed to their names, respectively, agreeably to the recommendation of the Secretary of War.

JEFFERSON DAVIS.

• ADJUTANT-GENERAL'S DEPARTMENT.
  • Captain.
    • B. H. Robertson, of Virginia, to take rank March 16, 1861.
• MEDICAL DEPARTMENT.
  • Assistant surgeon.
    • James C. Herndon, of Virginia, to take rank March 16, 1861.
• CAVALRY.
  • Lieutenant-colonel.
    • Richard S. Ewell, of Virginia, to take rank March 16, 1861.
  • Major.
    • John G. Walker, of Missouri, to take rank March 16, 1861.
  • Captains.
    • W. N. R. Beall, of Arkansas, to take rank March 16, 1861.
    • George H. Steuart, of Maryland, to take rank March 16, 1861.
    • John Adams, of Tennessee, to take rank March 16, 1861.
    • W. D. Smith, of Georgia, to take rank March 16, 1861.
    • D. H. Maury, of Virginia, to take rank March 16, 1861.
    • W. H. Jenifer, of Maryland, to take rank March 16, 1861.
    • George B. Cosby, of Kentucky, to take rank March 16, 1861.
    • John Mullins, of Mississippi, to take rank March 16, 1861.
    • Lawrence S. Baker, of North Carolina, to take rank March 16, 1861.
    • Thomas H. Taylor, of Kentucky, to take rank April 8, 1861.
  • First lieutenants.
    • Horace Randal, of Texas, to take rank March 16, 1861.
    • C. W. Phifer, of Mississippi, to take rank March 16, 1861.
    • R. H. Riddick, of North Carolina, to take rank March 16, 1861.
    • Frank Mallory, of Virginia, to take rank March 16, 1861.
    • John S. Marmaduke, of Missouri, to take rank March 16, 1861.
    • Solomon Williams, of North Carolina, to take rank March 16, 1861.
    • George A. Cunningham, of Alabama, to take rank March 16, 1861.
    • B. H. Helm, of Kentucky, to take rank October 19, 1861.
  • Second lieutenants.
    • M. M. Kimmel, of Missouri, to take rank March 16, 1861.
    • Robert W. Keyworth, of Texas, to take rank May 18, 1861.
    • Charles M. Graham, of North Carolina, to take rank May 18, 1861.
    • John W. Smith, of --, to take rank July 3, 1861.
    • Charles H. Causey, of Virginia, to take rank September 11, 1861.
    • Ed. S. Hutter, of Virginia, to take rank October 9, 1861.
    • E. B. Shields, of Tennessee, to take rank October 11, 1861.

    ---

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    • Sigesmund Zulavsky, of --, to take rank October 12, 1861.
    • J. Allen Galt, of Virginia, to take rank October 21, 1861.
    • B. S. White, of Maryland, to take rank November 16, 1861.
    • George B. St. Clair, of District of Columbia, to take rank November 18, 1861.
    • A. G. Haley, of District of Columbia, to take rank November 20, 1861.
    • T. F. Wilson, of District of Columbia, to take rank November 21, 1861.
    • G. M. Ryals, of Virginia, to take rank November 22, 1861.
    • Joseph Phillips, of Virginia, to take rank October 12, 1861.

On motion the same was referred to the Military Committee.

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

Mr. Johnson of Arkansas moved to amend the thirty-sixth article; which, having been read as follows, viz:

• Article XXXVI. Whenever any person who is a member of the Great or Little Osage tribe shall be indicted for any offense in any court of the Confederate States, or in a State court, he shall be entitled, as of common right, to subpoena, and, if necessary, to compulsory process for all such witnesses in his behalf as his counsel may think material for his defense; and the costs of process for such witnesses, and the service thereof, and fees and mileage of such witnesses shall be paid by the Confederate States; and whenever the accused is not able to employ counsel, the court shall assign him one experienced counsel for his defense, who shall be paid by the Confederate States a reasonable compensation for his services, to be fixed by the court, and paid upon the certificate of the judge.

Mr. Johnson moved to amend Article XXXVI by inserting at the end of the words "or in a State court" the following words: "subject to the laws of the State."

The amendment was agreed to; and

Mr. Johnson of Arkansas offered the following resolution of ratification, viz:

Resolved (two-thirds of the Congress concurring), That the Congress of the Confederate States of America do advise and consent to the ratification of the articles of a convention made by Albert Pike, commissioner of the Confederate States to Indian nations west of Arkansas, in behalf of the Confederate States, of the one part, and the Great Osage tribe of Indians, by its chiefs and headmen, who signed the same articles, of the other part; concluded at Park Hill, in the Cherokee Nation, on the second day of October, in the year of our Lord one thousand eight hundred and sixty-one, with the following amendment:

In Article XXXVI, at the end of the words "or in a State court," insert the following words: "subject to the laws of the State."

The question being on the adoption of the resolution of ratification,

Two-thirds of the States having voted in the affirmative, the same was adopted.

Mr. Johnson of Arkansas, from the Committee on Indian Affairs, to whom was referred the treaty with the Seneca and Shawnee Nation of Indians, reported back the same, with the recommendation that Congress do ratify the same, with amendments hereafter reported.

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

Whenever any person who is a member of the Seneca or Seneca and Shawnee tribe shall be indicted for any offense in any court of the Confederate States, or in a State court, he shall be entitled, as of common right, to subpoena, and, if necessary, to compulsory process for all such witnesses in his behalf as his counsel may think material for his defense; and the costs of process for such witnesses, and of the service thereof, and fees and mileage for such witnesses shall be paid by the Confederate

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States; and whenever the accused is not able to employ counsel, the court shall assign him one experienced counsel for his defense, who shall be paid by the Confederate States a reasonable compensation for his services, to be fixed by the court, and paid upon the certificate of the judge.

Mr. Johnson of Arkansas offered the following amendment:

At the end of the words "or in a State court" add the following words: "subject to the laws of the State."

The amendment was agreed to.

Mr. Johnson then offered the following resolution of ratification:

Resolved (two-thirds of Congress concurring), That the Congress of the Confederate States of America do advise and consent to the ratification of the articles of a convention made by Albert Pike, commissioner of the Confederate States to the Indian nations west of Arkansas, in behalf of the Confederate States, of the one part, and the Seneca tribe of Indians, formerly known as the Senecas of Sandusky, and the Shawnees of the tribe or confederacy of Senecas and Shawnees, formerly known as the Senecas and Shawnees of Lewistown, or the mixed bands of Senecas and Shawnees, each tribe for itself, by the chiefs and warriors who signed the same articles, of the other part; concluded at Park Hill, in the Cherokee Nation, on the fourth day of October, in the year of our Lord one thousand eight hundred and sixty-one, with the following amendment:

In Article XXVII, at the end of the words "or in a State court," add the following words: "subject to the laws of the State."

The question being on the adoption of the resolution,

Two-thirds of the Congress having advised and consented to the same, the resolution was adopted.

On motion, Congress then resumed business in legislative session.

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