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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 --SIXTIETH DAY--MONDAY, February 3, 1862.
OPEN SESSION.
Congress met pursuant to adjournment, and was opened with prayer by the Nev. Dr. Hoge.
Congress then resolved itself into secret session.
SECRET SESSION.
Congress being in secret session,
Mr. Johnson of Arkansas offered
A resolution in regard to the transfer of certain Indian trust funds to the Confederate States;
which was read first and second times and referred to the Committee on Indian Affairs.
On motion of Mr. Johnson of Arkansas,
A bill to provide for the organization of the Arkansas and Red River Superintendency of Indian Affairs, and to regulate trade and intercourse with the Indians therein, and to preserve peace on the frontiers, was ordered to be printed.
Mr. H. C. Burnett, on his own motion, was allowed to place on the file
An act to facilitate and complete the admission of Kentucky into the Confederate States of America.
Mr. Jones of Tennessee presented a design for a flag; which was referred to the Committee on Flag and Seal.
Mr. Barnwell, from the Committee on Finance, to whom was referred
A resolution of inquiry of making appropriation for the Hampton sufferers,
reported the same back, asked to be discharged from its further consideration, and that the same be referred to the Committee on the Judiciary; which was agreed to.
Mr. Crawford, from the Committee on Commerce, to whom were referred sundry resolutions and memorials upon the subject of the repeal of all tariff laws, reported
A bill to admit duty free all goods, wares, and merchandise imported into the Confederate States for a limited period, except such as may be brought from the United States of America;
which was read first and second times, ordered to be printed, and made the special order for Tuesday next, the 11th instant.
Mr. Hale, from the Committee on the Judiciary, to whom was referred
A bill to establish certain judicial districts, and to provide for courts of the Confederate States therein,
reported the same back, with the recommendation that the same pass with certain amendments.
And the fifth section of the bill being under consideration, the committee moved to amend the same by striking out the words "good behavior" and to insert in lieu thereof the words "the term of four years," and to strike out the same words where they again occur and to insert in lieu thereof the words "the term of four years."
The amendment was agreed to.
And in section 7 to insert after the word "and" the words "also an."
The amendment was agreed to.
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And also in the tenth section to strike out the word "presentment."
The amendment was agreed to.
And also to strike out the whole of section 25.
The amendment was agreed to.
On motion of Mr. Thomason, the further consideration of the bill was postponed for the present.
Mr. Hale, from the same committee, to whom was referred
A bill to prescribe a uniform law of naturalization,
reported the same back, that in the opinion of the committee it was inexpedient to pass the same, asked to be discharged from its further consideration, and that the bill lie on the table; which was agreed to.
Mr. Hale, from the same committee, to whom was referred
A resolution of inquiry as to the expediency of increasing the salary of the law clerk in the Department of Justice,
reported the same back, asked to be discharged from its further consideration, and that the resolution lie on the table; which was agreed to.
Mr. Brockenbrough, from the same committee, to whom was referred
A resolution to pay James Lyons and Sydney S. Baxter for certain services rendered the Government, reported
A bill providing compensation to Sydney S. Baxter for certain services therein named;
which was read first and second times.
Mr. Perkins moved to refer the same to the Committee on Claims.
Pending which, the morning hour having expired,
Mr. Kenan, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act making appropriations for the payment of certain interest due, severally, to the banks at Memphis, on advances made by them to Maj. Gen. Leonidas Polk, for the benefit of the public service;
An act to authorize certain financial arrangements at the Treasury;
A resolution supplemental to the resolution entitled "A resolution appointing John D. Morris, of Kentucky, a receiver under the act of sequestration, approved August thirtieth, eighteen hundred and sixty-one," and which was approved by the President on the 16th of December, 1861; and
An act supplemental to an act entitled "An act providing for the granting of bounty and furloughs to privates and noncommissioned officers in the Provisional Army."
And, on motion of Mr. Kenan, Mr. Oldham was added to the Committee on Engrossment.
A message was received from the President, by the hands of his Private Secretary, Mr. Josselyn.
Mr. Brockenbrough moved to postpone, for the present, the consideration of the special order of the day.
The motion did not prevail.
The Chair presented a message from the President; which was read as follows:
Executive Department,
Richmond, February 1, 1862.
To the Confederate Congress:
I return, with my objections, the bill passed by you, entitled "An act to provide for granting furloughs in certain cases."
Before proceeding to lay before you the special objections entertained to the provisions of this bill, it is proper that I should express the firm conviction that it is, from the nature of things, impracticable to administer an army in the field by statute.
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The Constitution vests in the Congress the power "to make rules for the government and regulation of the land and naval forces." None can deny the wisdom of this provision, nor the propriety of the exercise of this power, by the Congress, in its full extent; but there is an obvious distinction between making rules for the government of the Army and undertaking to administer the Army by statute.
When rules are established for the regulation of such matters as are in their nature susceptible of fixed and unvarying application, there can be no impolicy in providing them by statute. Thus, we have by law fixed grades for organization, for the composition of the different corps, for the number of officers and their grades, for the respective duties assigned to the staff in its several branches, and numerous like provisions that remain in force, in all localities, in the presence as well as the absence of the enemy, and uninfluenced by the exigencies of any particular occasion.
But there are other matters which are essentially administrative in their character, and are not susceptible of being determined by the rigid prescriptions of statutes, which executive officers are bound to obey under all circumstances, and without the exercise of any discretion. Suppose Congress should attempt to fix by law of what a camp equipage should always consist, or the precise kind and quality of clothing to be furnished, or the exact amount and kind of transportation to be allowed for each regiment, is it not obvious that these details depend so entirely on time, place, and circumstance, and are so essentially variable in their character, that the uniform compliance with such laws would be practically impossible? Suppose Congress should establish by law the precise proportion of infantry, cavalry, and artillery to be attached to each body of troops in service, this would not be a rule for the government of the Army but an attempt at a statutory administration of it, which could not but be found impolitic even if it were practicable.
Now, the act in question presents precisely the same objectionable features. It establishes a rule over which there is no discretionary power under any circumstances whatsoever; by which a commanding general, in the face of superior numbers and with his capacity for defense taxed to the utmost, may find his forces still further reduced by the action of his subordinate, not only against his consent but without his knowledge and in ignorance of his necessities and the purposes of their Government. No more striking example could be afforded of the impolicy of such a law than is presented by our condition at this time: Our armies are in force inferior to the enemy at the two points most vital to the defense of the country; the enlistment of the twelve months' men is soon to expire, and in order to secure their entry for a further term into the service you have directed that furloughs be granted to them as far as compatible with the safely of the respective commands.
If the bill in question becomes a law, it will at once be necessary to diminish the number of furloughs which might otherwise be granted as inducement to reenlistments, and to that extent the attainment of this most desirable object must be obstructed. From the West and from the South, from many and important points, urgent calls for reenforcement are received by the Department of War, which it is not possible to satisfy. At this crisis, without any check or control by commanding generals, five per cent of their effective forces would be withdrawn under the provisions of this bill. With conflicts impending against an enemy greatly our superior in numbers, our safety is dependent on keeping in the field every effective man that can be furnished with a weapon. This bill, therefore, it seems to me, is most inopportunely presented.
If, from these general objections, we turn to the details of the bill, other considerations are presented which would alone prevent my giving it approval. They may be stated briefly as follows, viz:
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In whatever aspect the proposed legislation is contemplated, I can not view it otherwise than as dangerous to the public safety, and I most earnestly recommend that, in taking it again into consideration, Congress will weigh any possible advantage that can result from this measure against the disasters that are not only the possible, but, as it appears to me, the probable results of its adoption.
JEFFERSON DAVIS.
A bill to be entitled "An act to provide for granting furloughs in certain cases."
Congress, January 16, 1862.
Read first and second times.
January 22, 1862.
Read third time and passed.
J. J. HOOPER, Secretary.
Mr. Barnwell moved that the further consideration of the bill be postponed for the present, and that the bill and message be printed.
Upon which Mr. Kenner, at the instance of the State of Louisiana, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:
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Yea: Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, South Carolina, Tennessee, Texas, and Virginia, 10.
Nay: Florida, Georgia, and North Carolina, 3.
So the motion prevailed.
Congress then proceeded to the consideration of the special order of the day; which was the amendment of Mr. Monroe to the first section of a bill to amend the sequestration act, etc.
And the question being upon agreeing to the same, the vote was taken, and the amendment was agreed to.
And the question recurring upon the motion of Mr. Toombs to strike out of the section the following words, to wit:
Mr. Toombs, at the instance of the State of Georgia, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:
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Yea: Georgia and Tennessee, 2.
Nay: Alabama, Arkansas, Florida, Kentucky, Mississippi, Missouri, North Carolina, and Texas, 8.
Divided: Louisiana, South Carolina, and Virginia, 3.
So the motion to strike out did not prevail.
Mr. Conrad moved to amend by inserting after the word "That" the following words, to wit:
in case the Government of the United States should enact a law confiscating the property of the citizens of the Confederate States who have taken or may take part in the war.
Mr. Campbell rose to a point of order, viz, that the amendment of Mr. Conrad was out of order, the House having refused to strike out that portion of the section sought to be amended.
Mr. Bocock being in the chair, decided that a motion to strike out being negatived by the House does not prevent a subsequent motion to amend the portion covered by the motion to stroke out, from which decision Mr. Campbell appealed, and the question being put,
Shall the decision of the Chair stand as the judgment of the House?
The vote was taken and decided in the affirmative, and the decision of the Chair sustained.
And the question recurring upon agreeing to the amendment of Mr. Conrad,
Mr. Conrad, at the instance of the State of Louisiana, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:
Yea: Georgia, Louisiana, and Tennessee, 3.
Nay: Alabama, Arkansas, Florida, Kentucky, Mississippi, North Carolina, Texas, and Virginia, 8.
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Divided: South Carolina, 1.
Not voting: Missouri, 1.
So the amendment was not agreed to.
Mr. Monroe moved to amend by striking out the following words, to wit:
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 an alien enemy, within the meaning of this act, except bonds, securities, and such debts and obligations as said Confederacy or State may have contracted or may contract directly with an alien enemy, and which has not been by said contracting party disposed of to another alien enemy; but nothing herein contained shall prevent the legal representative of such contracting party, after a release, from having and receiving all the rights hereby secured to the contrary.
Upon which Mr. Conrad, at the instance of the State of Louisiana, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:
Yea: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Virginia, 12.
Not voting: Missouri, 1.
So the amendment was agreed to.
Mr. Toombs moved to amend by adding at the end of the section the following proviso, to wit:
Provided, This act shall not apply to such property as any of the States may have pledged their faith to protect.
And upon which Mr. Toombs, at the instance of the State of Georgia, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:
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Yea: Georgia, Kentucky, North Carolina, South Carolina, Tennessee, and Virginia, 6.
Nay: Alabama, Arkansas, Florida, and Mississippi, 4.
Divided: Louisiana and Texas, 2.
Not voting: Missouri, 1.
So the amendment was not agreed to.
Mr. Oldham, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act supplementary to an act entitled "An act to amend an act entitled 'An act to raise an additional force to serve during the war, and for other purposes,' approved May eighth, eighteen hundred and sixty-one."
And the second section of the bill being under consideration; which is as follows, to wit:
Mr. Smith of Alabama moved to amend by striking out the whole of the same and inserting the following, to wit:
Mr. Russell moved to amend the amendment as follows, to wit:
Mr. Russell of Virginia, in lieu of Mr. Smith of Alabama (as second section) down to "And all money realized as aforesaid," etc.:
In addition to the claims of which indemnity is provided for in the act to which
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this act is amendatory, the following classes of claims shall be entitled to like indemnity out of the moneys arising under this act and the act aforesaid, viz:
The amendments of Messrs. Smith and Russell were ordered to be printed.
Mr. Thomason moved to reconsider the vote by which the proviso of Mr. Toombs to the first section was rejected.
On motion of Mr. Russell,
Congress adjourned until 12 o;clock m. to-morrow.
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