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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 --THIRTIETH DAY--TUESDAY, December 24. 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]
THIRTIETH DAY--TUESDAY, December 24. 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. Johnson of Arkansas introduced the following resolution; which was read and agreed to, to wit:

Resolved, That the President be authorized to appoint on committees the members from the States admitted since the formation of the committees. Such appointments may be made from time to time, as the President may deem proper and convenient.

Mr. Conrad presented the memorial of Joseph Kaiser; which was referred to the Committee on Claims. without being read.

Mr. Boyce, from the Committee on Postal Affairs, reported in favor of printing the report of the Postmaster-General.

The report was received and agreed to.

Mr. Hale, from the Committee on Military Affairs, to whom was


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referred certain joint resolutions of the legislature of the State of Alabama, reported the same back, asked to be discharged from their further consideration, and that the resolutions lie on the table; which was agreed to.

On motion of Mr. Brockenbrough, certain bills reported by him from the Judiciary Committee were ordered to be printed for the use of the Congress.

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

An act making appropriations for the purchase and alteration of steamers into gunboats for the defense of Cumberland and Tennessee rivers;

An act to authorize the President to confer temporary rank and command on officers of the Navy doing duty with troops;

An act to amend an act, entitled "An act to establish a uniform rule of naturalization for persons enlisted in the armies of the Confederate States of America;"

An act to repeal an act entitled "An act to establish a court of admiralty and maritime jurisdiction at Key West, in the State of Florida;"

An act making appropriations for the construction of 100 gunboats for the coast defense of the Confederate States;

An act to provide for the appointment of chaplains in the Navy;

An act to authorize the transfer of a certain appropriation;

An act to authorize the President to cause to be constructed a certain number of gunboats;

An act to authorize the appointment of additional officers of the Navy; and

An act making appropriations for the expenses of Government in the legislative, executive, and judicial departments for year ending 18th of February, 1862.

Mr. Campbell, from the Committee on Territories, to whom was recommitted the bill to organize the Territory of Arizona, and to create the office of surveyor-general therein, reported the same back, and the first section of the same being under consideration; which is as follows, to wit:

Be it enacted by the Congress of the Confederate States of America, That all that part of the present Territory of New Mexico included within the following limits, to wit: Beginning on the Colorado River at the parallel of north latitude thirty-four degrees, thence with said parallel to the eastern boundary of New Mexico; thence south with said boundary until it intersects the line of Texas; and thence with said line to the Rio Grande, and so on to the line of Mexico, on said river, as fixed by the treaty of eighteen hundred and fifty-four; thence with the boundary line established by said treaty between the late United States and Mexico to the Colorado River, thence up the Colorado to the place of beginning, be, and the same is hereby, created into a temporary government, by the name of the Territory of Arizona; and nothing in this act shall be so construed as to inhibit the Government of the Confederate States from dividing said Territory into two or more Territories, in such manner and at, such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the Confederate States: Provided, That when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union of the Confederate States with a constitution providing for the full, adequate, and perpetual maintenance and protection of slavery therein; and that, in the meantime, the institution of slavery in said Territory shall receive all necessary protection, both from the Territorial legislature and the Congress of the Confederate Staten: Provided also, That nothing in this act contained shall be construed to impair the rights of persons or property now pertaining to the Pimos and Maricopas Indians on the Gila River.


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Mr. Campbell, from the Committee on Territories, moved to amend the same as follows, to wit:

Strike out of first section in third line, after the word "latitude," all down to and including the word "beginning," in the ninth line of said section, and insert in lieu thereof the following, to wit: "thirty-six degrees and thirty minutes: thence with said parallel to the eastern boundary of New Mexico; thence south with said boundary until it intersects the line of Texas; thence with said line to the Rio Grande and so on to the line of Mexico, on said river, as fixed by the treaty of eighteen hundred and fifty-four between the United Staten and Mexico; thence with the boundary line established by said treaty to the Colorado River, and thence up the Colorado and to the place of beginning.

The amendment was not agreed to.

Mr. Johnson of Arkansas moved to amend by adding the following words, to wit:
or the right or claim of the Confederate States to the remainder of the Territory of New Mexico.

Mr. Russell moved to amend the amendment by adding thereto the following words, to wit:
or to any other territory north of the line of thirty-four degrees north latitude.

The amendment to the amendment was agreed to.

And the amendment as amended was adopted, and the section as amended reads as follows, to wit:

Be it enacted by the Congress of the Confederate States of America, That all that part of the present Territory of New Mexico included within the following limits, to wit: Beginning on the Colorado River at the parallel of north latitude thirty-four degrees, thence with said parallel to the eastern boundary of New Mexico; thence south with said boundary until it intersects the line of Texas; and thence with said line to the Rio Grande, and so on to the line of Mexico, on said river, as fixed by the treaty of eighteen hundred and fifty-four; thence with the boundary line established by said treaty between the late United States and Mexico to the Colorado River, thence up the Colorado to the place of beginning, be, and the same is hereby, created into a temporary government, by the name of the Territory of Arizona: and nothing in this act shall be so construed as to inhibit the Government of the Confederate States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the Confederate States: Provided, That when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union of the Confederate States with a constitution providing for the full, adequate, and perpetual maintenance and protection of slavery therein; and that, in the meantime, the institution of slavery in said Territory shall receive all necessary protection, both from the Territorial legislature and the Congress of the Confederate States: Provided also, That nothing in this act contained shall be construed to impair the rights of persons or property now pertaining to the Pimos and Maricopas Indians on the Gila River; or the right or claim of the Confederate States to the remainder of the Territory of New Mexico, or to any other territory north of the line of thirty-four degrees north latitude.

Executive Department,
Richmond, December 24, 1861.

Mr. President: The President on yesterday approved and signed

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.

ROBERT JOSSELYN,
Private Secretary.

The seventh section of the bill being under consideration; which is as follows, to wit:

Mr. De Witt moved to amend the same by adding at the end thereof the following words, to wit:
Provided further, That the Congress, of the Confederate States may at any time change, modify, or annul any law that may he passed by the legislative assembly, but no change or annulling of the same shall affect or disturb any right acquired previous to the making of such change or alteration: And provided further, That said Congress may at any time, during the existence of said Territorial government, originate and pass for the people of said Territory any law which Congress may deem expedient or necessary and proper.

The amendment was agreed to, and the section as amended reads as follows, to wit:

And section 110 being under consideration; which is as follows, to wit:

Mr. De Witt moved to amend by inserting after the word "free dom" the following words, to wit:
Provided further, That nothing herein contained Shall be construed to apply to or affect any law which may be passed by the Congress of the Confederate States of America, in pursuance of the third item in the second section of Article IV of the permanent Constitution of the Confederate States, respecting fugitive slaves or other persons escaping from the service of their masters.

And upon which he demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:

Yea: Alabama and Tennessee, 2.

Nay: Arkansas, Mississippi, Missouri, North Carolina, South Carolina, Texas, and Virginia. 7.

Not voting: Florida, Georgia, Kentucky, and Louisiana, 4.

So the amendment was not agreed to.

Mr. Campbell moved to amend by striking out the following words, to wit: "a salary ofdollars per annum, payable quarter annually" and inserting in lieu thereof the words "such fees in all cases in said court as the clerk of the supreme court of the Territory of New Mexico is now entitled to by law."

The amendment was agreed to.

And section 11 being under consideration; which is as follows, to wit:

Mr. Waul moved to fill the first blank with the words "five hundred."

The amendment was agreed to,

And Mr. Campbell moved to fill the second blank with the words "two hundred."

The amendment was agreed to.

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

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

An act to provide for certain officers of the Revenue Service.

And section 12 being under consideration; which is as follows, to wit:

Mr. Campbell moved to fill the first blank with the words "fifteen hundred."

Mr. Monroe moved to amend by filling the blank with the words "two thousand."

Upon which Mr. Thomason, at the instance of the State of Arkansas, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:

Yea: Kentucky. Louisiana, North Carolina, South Carolina, Tennessee, and Virginia, 6.

Nay: Arkansas, Mississippi, Missouri, and Texas, 4.

Divided: Alabama, 1.

Not voting: Florida and Georgia, 2.

So the amendment was agreed to.

Mr. Thomason moved to fill the second blank with the words "five hundred."

Mr. Ochiltree moved to amend by filling the same with the words "one thousand."

Upon which Mr. Thomason, 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:

Yea: Arkansas, Kentucky, Louisiana, South Carolina, Tennessee, Texas, and Virginia, 7.

Nay: North Carolina, 1.

Divided: Alabama, Mississippi, and Missouri, 3.

Not voting: Florida and Georgia, 2.

Mr. Johnson of Arkansas moved to reconsider the vote by which the Congress agreed to fill the first blank with the words "two thousand."

Upon which motion, Mr. De Witt, at the instance of the State of Tennessee, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:

Yea: Arkansas, Mississippi, Missouri, North Carolina, South Carolina, and Tennessee, 6.

Nay: Louisiana and Virginia, 2.

Divided: Alabama, Kentucky, and Texas, 3.

Not voting: Florida and Georgia, 2.

So the motion to reconsider prevailed.

And the question being upon agreeing to the amendment of Mr. Monroe to fill the blank with the words "two thousand,"

The same was not agreed to.

Mr. Johnson of Arkansas moved to fill the blank with the words "fifteen hundred."

The motion was agreed to.

And Mr. Johnson of Arkansas then moved to reconsider the vote by which the Congress agreed to fill the second blank with the words "one thousand."

The motion prevailed.

And the question being upon agreeing to the amendment of Mr. Ochiltree to fill the second blank with the words "one thousand,"

The same was not agreed to.

Mr. Johnson of Arkansas then moved to fill the blank with the words "five hundred."

The motion was agreed to.

Mr. Waul moved to fill the blank in relation to the salaries of judges with the words "two thousand."


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Upon which Mr. Freeman, at the instance of the State of Missouri, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:

Yea: Kentucky, Louisiana, South Carolina. Texas, and Virginia, 5.

Nay: Arkansas, 1.

Divided: Alabama, Mississippi, Missouri. North Carolina. and Tennessee, 5.

Not voting: Florida and Georgia, 2.

So the motion was not agreed to.

Mr. Thomason moved, to fill the blank with the words "eighteen hundred."

The motion was agreed to.

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

An act making appropriations to comply in part with treaty stipulations with certain Indian tribes.

Mr. Campbell moved to amend by striking out the word "five," where it occurs in the section, and insert in lieu thereof the word "four."

The amendment was agreed to.

Also to fill the last blank with the words "one thousand."

The amendment was agreed to.

The fourteenth section being under consideration, which refers to the Delegates to Congress, and their pay and mileage,

Mr. Campbell moved to amend by filling the first blank with the words "ten cents;" which was agreed to.

Also to fill the second blank with the words "eight dollars."

The amendment was agreed to.

Also to strike out the word "are" and to insert in lieu thereof the words "may be."

The amendment was agreed to.

And the fifteenth section being under consideration, which refers to surveying the lands of the Territory,

Mr. Thomason moved to strike out the word "two" after "market" and insert in lieu thereof the word "four."

The amendment was not agreed to wit:

And section 18 being under consideration; which is as follows, to wit:


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Mr. Campbell moved to amend the same by adding at the end thereof the following words, to wit:
And if said officers shall not be appointed and confirmed before the eighteenth day of February, eighteen hundred and sixty-two, they shall be appointed by and with the advice and consent of the Senate of the Confederate States.

The amendment was not agreed to.

By general consent Congress recurred to the twelfth section, when Mr. Thomason moved to amend by inserting after the word "Congress" the words "or the Senate."

The amendment was agreed to.

And Congress having recurred to the tenth section by general consent, Mr. Waul moved to amend by striking out the words "but neither of them shall be eligible to reappointment to the, same office in said Territory."

The amendment was agreed to.

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

And Mr. Campbell moved to amend the same by striking out the words "and to create the office of surveyor-general therein."

The amendment was agreed to.

Mr. Conrad moved to reconsider the vote on the passage of

A bill authorizing the construction of a certain number of gunboats.

The motion was agreed to.

Mr. Conrad moved to reconsider the vote by which said bill was ordered to be engrossed for a third reading.

The motion was agreed to.

Mr. Conrad then moved to amend by striking out the words "approved and adopted by" and to insert in lieu thereof "as modified by."

The amendment was agreed to.

And the bill as amended read a third time and passed.

Mr. Harris of Mississippi introduced

A bill relating to the custody of the returns the certificates of the votes of the elections for President and Vice-President;
which was read first and second times, engrossed, read third time, and passed.

Executive Department,
Richmond, December 24, 1861.

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

An act entitled "An act making appropriations to comply in part with treaty stipulations with certain Indian tribes;" also

An act to authorize the, President to confer temporary rank and command on officers of the Navy doing duty with troops.

ROBERT JOSSELYN,
Private Secretary.

Mr. Waul, from the Committee on Indian Affairs, reported back and recommended the passage of

A bill to provide for the payment of certain indian troops;
which was read first and second times.

Mr. Harris moved to postpone the further consideration of the bill;
which was agreed to.

And on motion of Mr. Campbell,

Congress took a recess until 7 o'clock p. m.


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7 O'CLOCK P. M.

Congress met pursuant to adjournment and proceeded to the consideration of the unfinished business; which was the consideration of

A bill to provide for the payment of certain Indian troops.

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

Executive Department,
Richmond, December 24, 1861.

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

An act making appropriations for the purchase and alteration of steamers into gunboats for the defense of Cumberland and Tennessee rivers;

An act to amend an act entitled "An act to establish a uniform rule of naturalization for persons enlisted in the armies of the Confederate States of America;"

An act making appropriations for the construction of 100 gunboats for the coast defense of the Confederate States;

An act to provide for the appointment of chaplains in the Navy;

An act to provide for certain officers of the Revenue Service;

An act to authorize the transfer of a certain appropriation;

An act to authorize the appointment of additional officers of the Navy;

An act making appropriations for the expenses of Government in the legislative, executive, and judicial departments for the year ending 18th of February, 1862; and

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

ROBERT JOSSELYN.
Private Secretary.

Mr. Hale, from the Committee on Military Affairs, reported back and recommended the passage of

A bill to provide for a corps of engineers for the Provisional Army; which was engrossed, read three times, and passed.

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

An act to authorize the President to cause to be constructed a certain number of gunboats.

The Chair announced the following members of committees:

Mr. Monroe, Foreign Affairs and Judiciary; Mr. Burnett, Finance; Mr. Johnson of Kentucky, Military.

Mr. Johnson of Arkansas introduced

A bill to establish certain judicial districts, and to provide for courts of the Confederate States therein;
which was read first and second times and referred to the Committee on the Judiciary.

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

Mr. De Witt offered the following resolution:

Resolved, That when this Congress adjourns to-night it take a recess till Monday, the sixth day of January, anne Domini eighteen hundred and sixty-two.

Mr. Waul moved to amend the same by striking out "sixth day of January" and inserting "thirtieth December," and upon which, at the instance of the State of Texas, he demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:

Yea: Alabama, Arkansas, Mississippi, Missouri, South Carolina, and Texas, 6.

Nay: Tennessee and Virginia, 2.

Divided: Kentucky, Louisiana, and North Carolina, 3.

Not voting: Florida and Georgia, 2.

So the amendment was agreed to.

And the question recurring upon the adoption of the resolution as amended,

Mr. Bradford of Mississippi, at the instance of his State, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:

Yea: Alabama, Arkansas, Kentucky, Mississippi, South Carolina, Texas, and Virginia, 7.

Say: Missouri and Tennessee, 2.

Divided: Louisiana and North Carolina, 2.

Not voting: Florida and Georgia, 2.

So the resolution as amended was adopted.

Mr. Johnson of Arkansas moved to take up

A bill to authorize the President to confer temporary rank and command for service with volunteer troops on officers of the Confederate Army.

The motion was agreed to.

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

Mr. Boyce moved to take up for consideration the report, of the Military Committee in relation to the publication of the reports of the various battles.

The motion did not prevail.

And Congress, on motion of Mr. Orr,

Adjourned until 12 o'clock on Monday, December 30, 1861.


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Executive Session.

Congress being in executive session,

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

Executive Office, Richmond, 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.

The communication was referred to the Committee on Military Affairs.

The following communication was received from the President:

Executive Department, Richmond, December 24, 1861.

To the Congress of the Confederate States:

I nominate the officers named in the annexed list, agreeably to the recommendation of the Secretary of the Navy.

JEFFERSON DAVIS.


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The communication was referred to the Committee on Naval Affairs.

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

Executive Department, Richmond, December--, 1861.

To the Congress of the Confederate States:

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

JEFFERSON DAVIS.

The communication was referred to the Committee on Military Affairs.

Mr. Hale, from the Committee on Military Affairs, to whom was referred the communications of the President making nominations of officers in the Army of the Confederate States, reported back the same, with the recommendation that Congress advise and consent to the same.

Mr. McRae of Alabama moved to postpone the confirmation of W. N. R. Beall as captain; which was agreed to.

Mr. Waul moved to postpone the confirmation of [M. M.] Kimmel, of the State of Missouri; which was agreed to.

Mr. Clark moved that the confirmation of [J. S.] Marinaduke be postponed.

The motion prevailed; and,

On motion of Mr. Hale,

The balance were confirmed, Congress advising and consenting to the same.

Mr. Hale, from Committee on Military Affairs, to whom was referred the nominations of Edward Johnson, of Kentucky, and R. E. Colston, of Virginia, as brigadier-generals in the Army of the Confederate States, reported back the same, with the recommendation that Congress advise and consent to their confirmation.

The report was concurred in and the nominations confirmed.

Mr. Hale, from same committee, reported back sundry nominations in the Regular Army.

Mr. Waul moved to postpone the consideration of the same; which motion did not prevail.

Mr. -- moved to postpone the nomination of R. R. Garland as captain of infantry; which was agreed to, and

The remainder were confined.

Mr. Hale, from same committee, reported back a list of appointments in the Regular Army of the Confederate States and recommended their confirmation.

Mr. Waul moved that the consideration of the same be postponed, and, at the instance of the State of Texas, demanded the yeas and nays thereon.

The demand was sustained and the yeas and nays ordered,

Yeas: Messrs. Perkins and Conrad of Louisiana, Mr. Orr of Mississippi, Mr. Cooke of Missouri, Mr. Puryear of North Carolina, Mr. Waul of Texas, and Mr. Bocock of Virginia.

Nays: Messrs. Hale and McRae of Alabama, Messrs. Johnson, Garland, and Watkins of Arkansas, Messrs. Harris, Bradford, Harrison, and Campbell of Mississippi, Messrs. Clark and Conrow of Missouri, Messrs. House and De Witt of Tennessee, Messrs. Hemphill and Ochiltree of Texas, Messrs. Brockenbrough and Russell of Virginia, Mr. Venable of North Carolina, and Mr. Boyce of South Carolina.

So the motion to postpone the nominations did not prevail and, on motion,


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The nominations were confirmed.

Mr. Monroe, from Committee on Military Affairs, to whom was referred sundry nominations of officers, reported and recommended the confirmation of all except Lieut. Col. Reuben R. Ross, of Kentucky; which was agreed to, and the nominations were confirmed.

Mr. Hale, from same committee, reported back a list of nominations in Commissary and Quartermaster's Departments.

On motion, the consideration of the nomination of Alpheus F. Haymond as captain in the Commissary Department, and J. P. Barker as captain in the Quartermaster's Department was postponed.

The balance of the list were confirmed.

Mr. Hale, from same committee, reported back a list of nominations of chaplains for the Army of the Confederate States, and recommending the confirmation of the same.

The report was adopted, Congress advising and consenting to the nominations.

Mr. Hale, from same committee, to which had been referred sundry nominations of officers in the Corps of Artillery, reported back the same and recommended their confirmation.

On motion, the same were confirmed.

Mr. Hale also reported back a list of quartermasters.

On motion, the confirmation of T. C. McMackin, of Mississippi, was postponed; and

The remainder were confirmed.

Mr. Hale, from the Committee on Military Affairs, to which was referred a communication of the President, nominating brigadier-generals, etc., in the Provisional Army of the Confederate States, reported the same back and recommended the confirmation of the same.

The report was adopted and the nominations confirmed.

On motion, the executive session was closed.

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