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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 --FIFTIETH DAY--WEDNESDAY, January 22, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
FIFTIETH DAY--WEDNESDAY, January 22, 1862.

OPEN SESSION.

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

Mr. Clark announced the presence of R. L. Y. Peyton, a Delegate-elect from the State of Missouri, who came forward, was duly qualified, and took his seat.

Congress then resolved itself into secret session.

SECRET SESSION.

Congress being in secret session,

The Chair presented a communication from the governor of Virginia; which was read, and is as follows, to wit:

Executive Department, January 20, 1862.

Gentlemen of the Provisional Congress:

In conformity with a request of the general assembly of Virginia, I transmit to you joint resolutions relative to the jurisdiction of Virginia adopted by the senate on the 16th and by the house of delegates on the 17th instant, as certified in due form by the clerks of the respective bodies.

Respectfully,JOHN LETCHER.

Joint resolutions.

Whereas the public enemy, invited by domestic foes, being in power within some of the counties in Virginia, where they are confiscating the property of loyal citizens and otherwise oppressing them in a cruel manner; and

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Whereas the traitors there, contemplating a division of this time-honored Commonwealth, with the aid of this public enemy, have set up a pretended government over the same, which under the force of circumstances, could not be prevented by the timely sending of an adequate military force; and

Whereas the legislature desires to reassure all loyal citizens throughout the Commonwealth of their desire and intention to protect them: Therefore,

• (1) Resolved by the senate and house of delegates, That in no event will the State of Virginia submit to or consent to the loss of a foot of her soil: That it is the firm determination of the State, and known to be that of the Confederate Government, to assert and maintain the jurisdiction and sovereignty of the State of Virginia, to the uttermost limits of her ancient boundaries, at any and every cost.
• (2) That the governor be requested to present a copy of these resolutions, properly certified, to the Provisional Congress, now in session, and to the permanent Congress to convene on the 22d of February, for their approval.

Agreed to by the senate, January 16, 1862.

SHELTON C. DAVIS,
Clerk of Senate.

Agreed to by the house of delegates, January 17, 1862.

WM. F. GORDON, Jr.,
Clerk House of Delegates.

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

Resolved, That Congress heartily approves of the resolutions passed by the legislature of Virginia, expressing her determination to vindicate the integrity of her ancient boundary, and pledges all the resources of the Confederacy to uphold her determination.

Mr. Rhett moved that a copy of the foregoing resolution be served on the governor of Virginia to lay before the legislature.

The motion was agreed to.

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

An act for the relief of A. B. Noyes, collector of the port of St. Marks, Fla.;

An act to authorize the appointment of officers of artillery in the Provisional Army and in the Volunteer Corps;

An act for the relief of Dillon Jordan and F. Glackmeyer;

An act to amend an act entitled "An act to establish a patent office, and to provide for the granting and issue of patents for new and useful discoveries, inventions, improvements, and designs," approved on the 21st day of May, 1861; and

An act to amend an act entitled "An act to collect for distribution the money remaining in the several post-offices of the Confederate States at the time the postal service was taken in charge by said Government," approved August 30, 1861.

The Chair presented a communication from the Secretary of the Treasury in response to a resolution of Congress relative to the produce loan; which was read and, together with the accompanying documents, was referred to the Committee on Finance and ordered to be printed.

Mr. T. R. R. Cobb offered

A resolution in reference to the arms of volunteers for twelve months;
which was read first and second times, engrossed, read third time, and passed.

Mr. Harris of Mississippi introduced

A bill to provide for recruiting companies now in the Confederate service for twelve months;

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

Mr. Smith of North Carolina presented a memorial; which was referred to the Committee on Postal Affairs, without being read.

Executive Department,
Richmond, January 22, 1862.

Mr. President: The President, on Saturday, the 18th instant, approved and signed

An act to organize the Territory of Arizona.

ROBERT JOSSELYN,
Private Secretary.

Mr. Rhett offered

A resolution instructing the Committee on Military Affairs to inquire into the tenure of the command of brigadier-generals;
which was read and agreed to.

Mr. Memminger presented sundry petitions of citizens of South Carolina; which were referred to the Committee on the Judiciary,
without being read.

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

A bill to promote the efficiency of the Military Corps and to create a corps of military nurses;
which was read first and second times and, on motion of Mr. Barnwell, was placed on the Calendar and ordered to be printed.

Mr. Hale, from the same committee, to whom was recommitted the report of the Secretary of War, reported the same back, with the recommendation that all of the same be printed except a portion of the "fifth clause;" which was agreed to.

Mr. Avery introduced

A bill to amend an act to provide for the public defense, approved March 6, 1861;
which was read first and second times and referred to the Committee on Military Affairs.

Congress then resolved itself into executive session; and having spent some time therein, again resolved itself into legislative session.

The Chair presented a communication from the Secretary of the Treasury, transmitting certain estimates; which were read and referred to the Committee on Finance.

Mr. Chilton moved to postpone the consideration of the unfinished business, for the purpose of considering the motion of Mr. Crawford to reconsider the vote on the passage of

A bill to increase the clerical force of the Post-Office Department.

The motion was agreed to.

And the vote being taken, the motion of Mr. Crawford to reconsider prevailed.

Mr. Chilton then moved to reconsider the vote by which Congress ordered the bill to be engrossed for a third reading.

The motion was agreed to.

Mr. Chilton moved to amend by adding at the end of the bill the following words, to wit:
and said clerk shall be subject to all the pains and penalties for violating the franking privilege now provided by law with respect to other officers entitled to such privilege.

The amendment was agreed to.

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Mr. Reagan moved to amend by adding as an additional section to the bill the following, to wit:

Be it further enacted, That the Postmaster-General be, and he is hereby, authorized to appoint one additional messenger for the Post-Office Department, at a compensation not exceeding five hundred dollars per annum, and two additional laborers, at a compensation not exceeding one dollar and a half per day.

The amendment was agreed to.

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

Congress then proceeded to the consideration of the unfinished business; which was the consideration of the amendment of Mr. Bass to the first section of

A bill to provide for granting furloughs in certain cases.

And the vote having been taken, the amendment was agreed to.

Mr. H. C. Burnett moved to reconsider the vote by which the amendment of Mr. Waul was adopted.

The motion to reconsider prevailed, and the question being upon agreeing to the amendment, the vote was taken, and the same was not agreed to.

Congress then proceeded to the consideration of the second section of the bill;

When,

Mr. Smith of North Carolina moved to amend by striking out the following words, to wit:
That it is indispensable to the pecuniary or family interests of said private or noncommissioned officer that he should visit home,

And to insert in lieu thereof the words "His temporary absence is necessary."

The amendment was not agreed to.

Mr. Conrad moved to amend by inserting after the word "may" the words "at his discretion."

The amendment was agreed to.

Mr. Foreman moved to amend by adding as an additional section to the bill the following, to wit:

In all cases where furloughs shall be granted under this act the notice of such furloughs required by existing regulations shall be given.

The amendment was agreed to.

By general consent, Congress returned to the consideration of the first section of the bill;

When,

Mr. Conrad moved to amend by inserting after the word "will" the words "in his opinion."

The amendment was agreed to.

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

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

A resolution in reference to the arms of the volunteers for twelve months.

Congress then proceeded to the consideration of

A bill to alter and amend an act for the sequestration of the estates, property, and effects of alien enemies, and for the indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States, approved August 30, 1861.

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

• Section 1. The Congress of the Confederate States do enact, That all and every the lands, tenements and hereditaments, goods and chattels, rights and credits, and every right and interest therein embraced by said act of sequestration, of which this act is an alteration and amendment, are hereby declared confiscated, except so far as the same are hereafter excepted by this act, and all such property shall on the rendition of the decree of confiscation be sold as provided for in this act and the proceeds paid into the Treasury of the Confederate States; but nothing in this act shall be construed to authorize the sale of any mere indebtedness by chose in action to any alien enemy embraced by this act and the one to which it is amendatory. And said act to which this is an amendment shall not be construed to except from its operation any public securities of this Confederacy or of any State therein held by or for an alien enemy, within the meaning of this act, except bond securities and such debts or obligations as said Confederacy or State shall have contracted or may contract directly with an alien enemy, and which has not been by such contracting party disposed of to another alien enemy; but nothing herein contained shall prevent the legal representative of such contracting party, after his decease, from having and receiving all the rights hereby secured to the contracting party.

Mr. Toombs moved to amend by striking out the same from the bill.

Executive Department,
Richmond, January 22, 1862.

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

An act to authorize the appointment of officers of artillery in the Provisional Army and in the Volunteer Corps; also

A resolution in reference to the arms of the volunteers for twelve months.

ROBERT JOSSELYN,
Private Secretary.

On motion of Mr. Macfarland,

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

EXECUTIVE SESSION.

Congress being in executive session,

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

Richmond, January 13, 1862.

To the Congress of the Confederate States:

In consequence of the resignation of Lieut. Col. James W. Scaife, of the Second Arkansas Regiment, which will necessitate an entire change in the field officers of that regiment, I desire to withdraw the following names nominated for it on the list:

• Colonel--James W. Scaife.
• Lieutenant-colonel--Daniel C. Govan.
• Major--Reuben F. Harvey.

JEFFERSON DAVIS.

Mr. Venable moved that leave be granted to withdraw the said nominations; which was agreed to.

Mr. House moved to reconsider the motion of Mr. Johnson of Arkansas to reconsider the above nominations; which was agreed to.

The Chair presented a message from the President, nominating officers in Arkansas regiment; which was referred to the Committee on Military Affairs.

The Chair also presented the following communication from the President:

Executive Department,
Richmond, January 15, 1862.

To the Confederate Congress:

I herewith nominate the annexed list of district attorneys and marshals, as recommended by the Attorney-General.

JEFFERSON DAVIS.

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For the Eastern District, Tennessee.
• District attorney--J. C. Ramsey, Knoxville.
• Marshal--J. Hamilton Hale, Rogersville.

FOR THE MIDDLE DISTRICT, TENNESSEE.
• District attorney--John L. Sehon, Nashville.
• Marshal--Jesse B. Clements, Nashville.

FOR THE WESTERN DISTRICT, TENNESSEE.
• District attorney--B. M. Estes, Memphis.
• Marshal--W. W. Gates, Jackson.

Congress then resumed business in legislative session.

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