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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-NINTH DAY--MONDAY, December 23, 1861.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
TWENTY-NINTH DAY--MONDAY, December 23, 1861.

OPEN SESSION.

Congress met pursuant to adjournment, and was called to order (in the absence of the President pro tempore) by Mr. Venable, who moved that Mr. Campbell be called to the chair.

The motion was agreed to.

And Mr. Campbell having taken the chair, the Journal was read and Congress resolved itself into secret session.

SECRET SESSION.

Congress being in secret session,

Mr. Monroe offered

A resolution in relation to the judicial courts and the administration of the laws of the Confederacy in Kentucky;
which was read and agreed to.

Mr. Harris, from the Committee on the Judiciary, reported

A bill to equalize the salary of the Assistant Attorney-General with the salaries of the assistant secretaries;
which was read first and second times and referred to the Committee on Finance.

Also, a bill to authorize the Secretary of War to audit and settle the claims of certain officers therein named; which was read first and second times and referred to the Committee on Finance.

Mr. Vest introduced

A bill to exempt the loyal citizens of Missouri and Kentucky from the payment of taxes during the war;

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which was read first and second times and referred to the Committee on Finance.

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

An act in relation to taxes on property which has been, or which is liable to be, sequestered as the property of alien enemies.

Mr. Harris, from the Committee on the Judiciary, to whom was referred a resolution of inquiry in relation to the bills passed at the last session and vetoed by the President. etc., made the following report; which was read and laid on the table, to wit:

The Judiciary Committee, to whom was referred the resolution of Congress instructing them to inquire into and report to Congress the condition of the bills passed by Congress and vetoed by the President at the close of its last session, and what action it becomes Congress to take in relation thereto for the fulfillment of its constitutional duties, report, that it does not appear from the journals of Congress that any veto was communicated at its last session and not acted on in the manner prescribed by the Constitution.

As a matter of fact, independent of the journals, it appears that certain [bills] passed between the 25th and 31st of August and presented to the President in that interval, were not signed by him but retained.

The termination of the session at which these bills were passed, by adjournment on the 31st of August and consequently, before the expiration of the ten days allowed by the Constitution for signing bills, prevented them from becoming laws.

The result was that the adjournment defeated the bills, and nothing remains for the fulfillment of the constitutional, duties of Congress respecting them.

It appears also that the President, being quite ill at the time and unable to communicate in writing to Congress, requested the Attorney-General to explain to Congress verbally "the reason for retaining the bills". His verbal message was delivered, but of course was not noticed on the Journals.

In that explanation the Attorney-General stated that the President did not approve the bills retained by him, but was unable from illness to prepare messages communicating his reasons.

Mr. Harris, from the same committee, reported back and recommended the passage of

A bill to establish a uniform rule of naturalization for persons enlisted in the armies of the Confederate States of America;
which was engrossed, read third time, and passed.

Also, a bill to repeal an act entitled "An act to establish a court of admiralty and maritime jurisdiction at Key West, in the State of Florida;" which was read first and second times, engrossed, read third time, and passed.

Also, a bill to amend an act to amend an act to establish the judicial courts of [the Confederate States of] America; which was read first and second times and, on motion, placed on the Calendar.

Also, a bill concerning the pay and allowances due deceased soldiers; which was read first and second times and, on motion, placed on the Calendar.

Mr. McRae introduced the following resolution; which was read and referred to the Committee on the Judiciary, to wit:

Resolved, That J. A. P. Campbell, President of Congress pro tempore, be empowered to sign all bills, resolutions, pay bills, and certificates passed and usually allowed by the Congress.

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

Resolved, That the Committee on Finance inquire into the expediency of exempting from the payment of taxes to the Confederate States certain parts of the State of Virginia now in the occupation of the public enemy, during such occupancy or during the war.

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Mr. McDowell moved to take up for consideration the resolution of Mr. Davidson relative to the adjournment of the Congress.

The motion did not prevail.

Mr. Perkins moved that Congress proceed to the consideration of the report of the Committee on Military Affairs relative to the publishing of the reports of the various battles, and upon which Mr. Harrison, at the instance of the State of Mississippi, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:

• Alabama--Nay: Mr. McRae.
• Arkansas--Nay: Messrs. Thomason, Garland, and Watkins.
• Kentucky--Nay: Messrs. Monroe and Johnson.
• Louisiana--Yea: Mr. Perkins.
• Mississippi--Yea: Messrs. Harris, Orr, Bradford, and Campbell. Nay: Mr. Harrison.
• Missouri--Nay: Messrs. Cooke, Vest, and Freeman.
• North Carolina Nay: Messrs. Smith, Venable, and Purycar.
• Tennessee--Yea: Mr. De Witt.
• Texas--Nay: Messrs. Reagan, Hemphill, Waul, Oldham, and Ochiltree.
• Virginia--Yea: Messrs. Tyler, Bocock, and Johnston. Nay: Mr. Boteler.

Yea: Louisiana, Mississippi, Tennessee, and Virginia, 4.

Nay: Alabama, Arkansas, Kentucky, Missouri, North Carolina, and Texas, 6.

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

The motion did not prevail.

The Congress then proceeded to the consideration of the oldest special order on the Calendar; which was

A bill to regulate the mode of filling vacancies of field officers in certain volunteer regiments and battalions.

Mr. Waul offered as a substitute for the same the following, to wit:

That vacancies in all regiments and battalions to which the President originally appointed field officers under existing laws shall be filled in the manner prescribed by law in the several States to which they respectively belong.

On motion of Mr. Orr, the further consideration of the bill and substitute was postponed until the 10th day of January next.

A message was received from the President, by the hands of his Private Secretary, Mr. Josselyn.

The Chair presented a message from the President, transmitting certain estimates of the Secretary of the Treasury; which were read and referred to the Committee on Indian Affairs.

Mr. Boyce, from the Committee on Postal Affairs, reported and recommended the passage of

A bill to amend an act to require the receipt by postmasters of the Confederate States of Treasury notes, in sums of five dollars and upwards, in payment of postage stamps and stamped envelopes, approved August 30, 1861;
which was read first and second times, engrossed, read third time, and passed.

Mr. Brockenbrough, from the Committee on the Judiciary, reported back and recommended the passage of

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A bill to amend an act to perpetuate testimony in cases of slaves abducted or harbored by the enemy, and of other property seized, wasted, or destroyed by them;
which was, on motion, placed on the Calendar.

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

A resolution to authorize the Secretary of the Navy to purchase and alter steamboats into gunboats for the defense of the Cumberland and Tennessee rivers.

Mr. Brockenbrough, from the Committee on the Judiciary, reported back and recommended the passage of

A bill regulating the fees of clerks, and for other purposes; which was, on motion, placed on the Calendar.

Also, a bill to amend the laws relating to the compensation of the attorneys of the Confederate States;
which was, on motion, placed on the Calendar.

Also, a bill to regulate the compensation to be allowed to commissioners of the courts of the Confederate States;
which, on motion, was placed on the Calendar.

Also, a bill regulating the fees of marshals, and for other purposes; which was, on motion, placed on the Calendar.

Mr. Conrad, from the Committee on Naval Affairs, to whom was referred a resolution of inquiry as to what provision should be made for resigned officers of the Coast Survey, reported the same back, and that, in the opinion of the committee, no rank could be assigned to them, as they held no commissions, asked to be discharged from its further consideration, and that the resolution lie on the table; which was agreed to.

Mr. Conrad, from the same committee, to whom was referred

A bill to dispense with quartermasters of the Marine Corps, reported the same back, asked to be discharged from its further consideration, and that the bill lie on the table; which was agreed to.

Mr. Conrad, from the same committee, to whom was referred the petition of Lieut. B. W. Hunter, reported as follows:

The Committee on Naval Affairs, to whom was referred the petition of B. W. Hunter, beg leave respectfully to report:

"That the petitioner represents that he is a citizen of the State of Virginia, and was a lieutenant in the Navy of the United States on the 'reserved list' and resigned his commission when his State withdrew from the Union; that his property, consisting of a large farm and a number of negroes, has been taken possession of by the enemy, his crops seized, his dwelling burnt, and that he finds himself with very inadequate means of support for his family; that he wishes to be appointed in the Confederate States Navy, but that he is informed by the Secretary of the Navy 'that he has no power to appoint officers of the Navy on the reserved list.' He prays that the law be so amended that the President, be authorized to appoint officers who were on the 'reserved list' of the United States Navy, 'and who are now capable and worthy,' who would have held a higher grade had they not been retired, to such grade and position as they would have occupied had they not been placed on the 'reserved list.'

"The committee are of opinion that by the law as it now stands the President is authorized to appoint all officers of the Navy of the United States who resigned on account of the secession of these States, to the same grade in the Confederate Navy as that which they resigned, provided he considers them fit for active duties. The circumstance of an officer having been placed on the 'reserved list' does not disqualify him for such appointment.

"The committee are of opinion that it is not advisable to give any greater privileges to this class of officers, however meritorious they may be, and beg leave to be discharged from the further consideration of the petition."

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The report of the committee was received and agreed to.

Mr. Conrad, from the same committee, reported and recommended the passage of

A bill to authorize the President to cause to be constructed a certain number of gunboats;
which was read first and second times, engrossed, read third time, and passed.

Also, a bill to authorize the appointment of additional officers of the Navy;
which was read first and second times, engrossed, read third time, and passed.

On motion of Mr. Conrad, Congress then proceeded to the consideration of the motion of Mr. Kenan to reconsider the vote by which the bill authorizing the Secretary of the Navy to appoint two additional clerks and a draftsman for the Navy Department, was passed.

The motion to reconsider did not prevail.

On motion of Mr. Conrad, Congress then proceeded to the consideration of a bill on the Calendar, to authorize the President to confer temporary rank and command on officers of the Navy doing duty with troops.

And the bill was engrossed, read third time, and passed.

And also, a bill on the Calendar to provide for certain officers of the Revenue Service;
which was taken up, engrossed, read third time, and passed.

Also, a bill to provide for the appointment of chaplains in the Navy; which was taken up, engrossed, read third time, and passed.

Also, a bill to authorize the transfer of a certain appropriation; which was taken up, engrossed, read a third time, and passed.

On motion of Mr. McRae, from the Committee on Finance, Congress proceeded to the consideration of a bill on the Calendar, supplementary to an act to authorized the issue of Treasury notes, and to provide a war tax for their redemption; which was engrossed, read a third time, and passed.

Also, a bill making appropriations for the expenses of the Government in the legislative, executive, and judicial departments for the year ending 18th of February, 1861 [1862];
which was engrossed, read third time, and passed.

Also, a bill making appropriations for the construction of 100 gunboats for the coast defense of the Confederate States;
which was read first and second times, engrossed, read third time, and passed.

Also, a bill making appropriations for the purchase and alteration of steamers into gunboats for the defense of the Cumberland and Tennessee rivers;
which was read first and second times, engrossed, read third time, and passed.

Executive Department,
Richmond, December 23, 1861.

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

An act in relation to taxes on property which has been, or which is liable to be, sequestered as the property of alien enemies; also

A resolution to authorize the Secretary of the Navy to purchase and alter steamboats into gunboats for the defense of the Cumberland and Tennessee rivers.

ROBERT JOSSELYN,
Private Secretary.

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Mr. McRae, from the Committee on Finance, also introduced

A. bill making appropriations to comply in part with treaty stipulations made with certain Indian tribes;
which was read first and second times;

When,

Mr. Johnson of Arkansas moved to amend as follows, to wit:^a

[Note a: a Amendment not recorded in the Journal.]

The Chair presented certain estimates of the Secretary of the Treasury; which were read and laid on table.

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

An act to amend an act to require the receipt by the postmasters of the Confederate States of Treasury notes, in sums of five dollars and upwards, in payment of postage stamps and stamped envelopes, approved August 30, 1861.

Mr. Johnson of Arkansas moved to reconsider the vote by which the Congress postponed the further consideration of a bill to provide for the filling the vacancies in the field officers of regiments and battalions until 10th January, next, and upon which he, at the instance of State of Arkansas, 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, Garland, and Watkins.
• Kentucky--Yea: Mr. Monroe.
• Louisiana--Nay: Messrs. Perkins and Conrad.
• Mississippi--Yea: Messrs. Harris and Campbell. Nay: Messrs. Orr, Bradford, and Harrison.
• Missouri--Yea: Messrs. Conrow and Vest. Nay: Messrs. Clark and Freeman.
• North Carolina--Yea: Messrs. Venable and Puryear.
• South Carolina--Yea: Mr. Memminger. Nay: Mr. Boyce.
• Tennessee--Yea: Mr. House. Nay: Mr. De Witt.
• Texas--Yea: Messrs. Reagan and Hemphill. Nay: Messrs. Waul, Oldham, and Ochiltree.
• Virginia--Yea: Mr. Boteler. Nay: Messrs. Bocock, Brockenbrough, Russell, and Johnston.

Yea: Alabama, Arkansas, Kentucky, and North Carolina, 4.

Nay: Louisiana, Mississippi, Texas, and Virginia, 4.

Divided: Missouri, South Carolina, and Tennessee, 3.

Not voting: Florida and Georgia, 2.

The motion did not prevail.

A message was received from the President, by the hands of his Private Secretary, Mr. Josselyn.

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

Resolved, That when Congress shall adjourn to-day, it adjourn to meet again to-morrow at twelve m.

On motion of Mr. Waul,

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

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EXECUTIVE SESSION,

Congress being in executive session,

The Chair laid before Congress the following communication from the President:

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.

JEFF'N DAVIS.

Chaplains.
• R. K. Porter, of Georgia; J. C. Hiden, of Virginia; William M. Young, of Virginia; W. G. H. Jones, of Virginia: John Paris, of Virginia; J. B. Avirett, of Virginia; John S. Cosby, of Virginia; W. A. Crocker, of Virginia; Sheldon H. Rose, of Mississippi; S. F. Cameron, of Maryland; R. F. Mattison, of Arkansas; Richard Johnson, of South Carolina; F. A. Kimbell, of Alabama; D. S. Snodgrass, of Mississippi; J. W. Timberlake, of Tennessee; G. B. Overton, of Kentucky; William Davis, of Florida; E. Smulders, of Louisiana; William M. Crumley, of Georgia; J. B. Dunwoody, of Georgia; Peter Tinsley, of Virginia; George F. Bagby, of Virginia; J. J. Engle, of Virginia; George F. Adams, of --; M. L. Whitten, of Alabama; W. B. Owen, of Mississippi; P. G. Roberts, of Louisiana; A. B. Carrington, of Virginia; Joseph Cross, of Tennessee; J. C. Granbery, of Virginia; T. H. Jordan, of Georgia; W. A. Simmons, of Georgia; Thomas Hume, jr., of Virginia; M. Oldham, of Virginia; W. Bowman, of Virginia; J. J. McMahan, of Virginia; J. C. McCabe, of Virginia; C. T. Quintard, of Tennessee; L. Hypolite Gache, of Louisiana; W. L. Kenedy, of Alabama; J. Carmichael, of Virginia; J. T. Wallace, of Virginia; H.J. McKennon, of Alabama; C. P. Sisson, of Alabama; R. R. Roberts, of Arkansas; Fredk. Fitzgerald, of North Carolina; Thos. D. Witherspoon, of Mississippi; Dabney Ball, of Virginia; Richard McIlwaine, of Virginia; E. J. Willis, of Virginia; J. M. Grandin, of Virginia; Moses Hoge, of Virginia; Richard H. Phillips, of Virginia; J. Prachensky, of Louisiana; James H. Richie, of Tennessee; J. A. Herrold, of Virginia; J. G. Landrum, of North Carolina; R. Anderson New, of Louisiana; George R. Edwards, of Georgia; Penfield Doll, of Georgia; George G. Smith, of Georgia; W. C. Power, of North Carolina; W. C. Gray, of Tennessee; J. T. West, of Georgia; W. P. Ratcliffe, of Arkansas; Joseph W. Ard, of Mississippi; Isaac T. Tichenor, of Mississippi; E. Hogue, of Arkansas; J. Brown, of Alabama; P. F. August, of Virginia; Robert J. Taylor, of Virginia; George T. Wilmer, of Virginia; O. J. Brent, of North Carolina; J. J. Millsapps, of Mississippi; F. White, of Louisiana; P. Sheeren, of Louisiana; George W. Pratt, of Florida; Lewis Downing, of Arkansas; James O. A. Sparks, of Georgia; George J. Mortimer, of Mississippi; J. H. Cason, of Mississippi; John W. De Vilbess, of Texas; C. B. Betts, of Virginia; W. W. Berry, of South Carolina; W. E. Jones, of Georgia; A. D. Betts, of North Carolina; Michael H. Galloway, of Tennessee; B. M. Stephens, of Tennessee; J. W. Flowers, of Mississippi; George W. Yarbrough, of Georgia; C. F. McRae, of North Carolina; Robert B. Lester, of Georgia; J. H. Weaver, of Georgia; M. B. Roach, of Alabama; George W. Stickney, of Louisiana; J. P. Moore, of North Carolina; A. M. Hamilton, of Alabama; J. A. Godfrey, of Louisiana; William Hicks, of North Carolina; T. J. McVeigh, of Virginia; R. R. Overby, of North Carolina; John A. Reynolds, of Georgia; John W. Griffin, of Virginia; H. R. McCallaine, of South Carolina; T. H. Capers, of Alabama; Sam. H. Mullan, of Virginia; J. L. Johnson, of Virginia; J. William Jones, of Virginia; J. E. Joyner, of Virginia; R. N. Price, of North Carolina; George H. Ray, of Virginia; W. Stoddert, of Virginia; J. P. Hyde, of Virginia; Jacob Brillhart, of Virginia; W. E. Wyatt, of Virginia; M. L. Weller, of Mississippi; George H. Patillo, of Georgia; L. C. Ransom, of Alabama; John M. Hendry, of Florida; E. P. Walton, of Kentucky; David Kerr, of North Carolina; N. J. Taylor, of Mississippi; George T. Wilmer, of Virginia; C. F. Linchicum, of Virginia; Thomas M. Ambler, of Virginia; J. J. Ungerer, of Missouri; S. M. Cherry, of Tennessee; William H. Anthony, of Tennessee; Thomas L. Duke, of Mississippi; J.P. Richardson, of Mississippi; A. L. Potter, of Mississippi; J. F. N. Huddleston, of Mississippi; J. T. Borah, of Mississippi; J. A. Williams, of Arkansas; James Mackay, of Arkansas; H. V. Brown, of Tennessee; Paul M. Morton, of Virginia; E. McNair, of Alabama; James M. Campbell, of Alabama; J. M. Jennings, of Alabama; W. D. Chadick, of Alabama; J. D. Barbee, of Alabama; J. R. Farish, of Mississippi; Jefferson Meek, of Mississippi; Francis Point, of Mississippi; N. Aldrich, of South Carolina; S. Chaddick, of Texas; John Sandels, of Arkansas; Robert E. Terry, of North Carolina; Robert Nelson, of Virginia; J. H. Washburn,

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  of North Carolina; J. H. De Votie, of Georgia; William Flinn, of Georgia; L. M. Carter, of Georgia; D. Hubert, of Louisiana; B. S. Dunn, of Louisiana; R. W. Trimble, of Arkansas; N. A. Davis, of Texas; J. D. Porter, of Alabama; Patrick Coyle, of Florida; John Feeling, of Virginia; William Minter, of Mississippi; T. W. Caskie, of Mississippi; E.J. Maynardie, of South Carolina; James A. Proctor, of North Carolina; J. Wheeler, of Georgia.

The communication was referred to the Committee on Military Affairs.

The Chair laid before Congress another communication from the President; which is as follows, to wit:

Richmond, Va., December 23, 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.

Brigadier-generals.
• Edward Johnson, of Kentucky, to take rank December 13, 1861.
• R. E. Colston, of Virginia, to take rank from confirmation.

The communication was referred to the Committee on Military Affairs.

Mr. McRae, from the Committee on Finance. to which was referred the message of the President nominating tax collectors, reported the same back, with the recommendation that they be confirmed.

The nominations were confirmed.

Mr. Conrad, from the Committee on Naval Affairs, to which was referred the message of the President nominating certain naval officers, reported back the same, with the recommendation that Congress advise and consent to said nominations; and

They were severally confirmed for the offices to which they were nominated respectively.

Mr. Harris of Mississippi moved to take up the nominations of major-generals; which motion prevailed.

Mr. Johnson of Arkansas moved that the consideration of the nominations of major-generals be postponed; which was not agreed to.

Mr. Johnson of Arkansas, from Committee on Indian Affairs, to which had been referred several Indian treaties, reported a treaty with the Seminole Nation of Indians.

The thirtieth article having been read, as follows, viz:

• Article XXX. Persons belonging to the Seminole Nation shall hereafter be competent witnesses in all cases, civil and criminal, in the courts of the Confederate States, unless rendered incompetent from some other cause than their Indian blood or descent.

Mr. Johnson moved to amend said article as follows, viz:

Add at the end of Article XXX 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 respective courts."

The amendment was agreed to.

The thirty-seventh article having been read, as follows, viz:

• Article XXXVII. In order to enable the Creek and Seminole nations to claim their rights and secure their interests without the intervention of counsel or agents, and as they were originally one and the same people and are now entitled to reside in the country of each other, they shall be jointly entitled to a Delegate to the House of Representatives of the Confederate States of America, who shall serve for the term of two years, and be a member of one of said nations, over twenty-one years of age, and laboring under no legal disability by the law of either nation; and each Delegate

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  shall be entitled to the same rights and privileges as may be enjoyed by the Delegates from any Territory of the Confederate States to the said House of Representatives. Each shall receive such pay and mileage as shall be fixed by the Congress of the Confederate States. The first election for Delegate shall be held at such time and places, and be conducted in such manner as snail be prescribed by the agent of the Confederate States for the Creeks, to whom returns of such election shall be made, and he shall declare the person having the greatest number of votes to be duly elected, and give him a certificate of election accordingly, which shall entitle him to his seat. For all subsequent elections, the times, places, and manner of holding them, and ascertaining and certifying the result, shall be prescribed by law of the Confederate States.

Mr. Johnson of Arkansas moved to strike out from Article XXXVII the following words:
the same rights and privileges as may be enjoyed by the Delegates from any Territory of the Confederate States to the said House of Representatives,
and insert in lieu thereof the following words:
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, with such other rights and privileges as may be determined by the House of Representatives.

The amendment was agreed to.

Mr. Johnson of Arkansas moved to strike out from the thirty-eighth article the following words: "or in a State court" and insert in lieu thereof the following words: "or in a State court, subject to the laws of the State."

The amendment was agreed to.

Mr. Johnson offered the following resolution of ratification, and the same was unanimously adopted:

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 treaty 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 by the Seminole Nation of Indians, by its chiefs, headmen, and warriors, in general council assembled, of the other part; concluded at the Seminole Council House, in the Seminole Nation, on the first day of August, in the year of our Lord one thousand eight hundred and sixty-one, with the following amendments, viz:

• I. Add at the end of Article XXX 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 respective courts."
• II. Strike out from Article XXXVII the, following words: "the same rights and privileges as may be enjoyed by the Delegates from any Territory of the Confederate States to the said House of Representatives" and insert in lieu thereof the following words: "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, with such other rights and privileges as may be determined by the House of Representatives."
• III. Strike out from Article XXXVIII the following words: "or in a State court" and insert in lieu thereof the following words: "or in a State court, subject to the laws of the State."

Resolved further (two-thirds of the Congress concurring), That the Congress do also advise and consent to the ratification of the convention supplementary to the aforesaid treaty with the Seminoles, made by the same parties of each part, and concluded at the same time and place with the same.

Mr. Johnson of Arkansas also reported a treaty of friendship and alliance with the Cherokee Nation of Indians.

The thirty-fifth article having been read as follows, viz:

• Article XXXV. All persons who are members of the Cherokee Nation shall hereafter be competent as witnesses in all cases, civil and criminal, in the courts of the Confederate States, unless rendered incompetent from some other cause than their indian blood or descent.

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Mr. Johnson moved to amend by adding at the end of said 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 respective courts;
which was agreed to.

Strike out from Article XLIV the following words:
the same rights and privileges as may be enjoyed by the Delegates from any Territory of the Confederate States to the said House of Representatives,
and insert in lieu thereof the following words:
a seat in the Hall of the House of Representatives to propose and introduce measures for the benefit of said nation, and to be heard in regard thereto, and on other questions in which the nation is particularly interested, with such other rights and privileges as may be determined by the House of Representatives.

Also, strike out from Article XXXIII the following words: "or of a State" and insert in lieu thereof the following words: "or of a State, subject to the laws of the State:"
which were severally considered and agreed to.

Mr. Johnson offered the following resolution of ratification; which was unanimously adopted:

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 treaty 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 Cherokee Nation of Indians, by its principal and assistant principal chiefs, executive councilors and commissioners, for that purpose only, authorized and empowered, of the other part; concluded at Tahlequah, in the Cherokee Nation, on the seventh day of October, in the year of our Lord one thousand eight hundred and sixty-one.

On motion of Mr. Johnson,

Congress resolved itself into legislative session.

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