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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 --SIXTY-SECOND DAY--WEDNESDAY, February 5, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
SIXTY-SECOND DAY--WEDNESDAY, February 5, 1862.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Crumley.

Mr. Ward announced his resignation and the presence of his successor, John P. Sanderson, a Delegate-elect from the State of Florida, who came forward, was duly qualified, and took his seat.

Congress then resolved itself into secret session.

SECRET SESSION.

Congress being in secret session,

On motion of Mr. Foreman,

Mr. Ward, late a Delegate from the State of Florida, was invited to a seat on the floor during the sessions of Congress.

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

Mr. Foreman moved that the business of the morning hour be suspended, for the purpose of considering the special order of the day.

The motion did not prevail.

Mr. Toombs moved to postpone the call of the States and committees, for the purpose of introducing bills, resolutions, etc., for reference only.

The motion was agreed to.

And Mr. Toombs introduced

A bill to call forth the militia, to resist invasion;
which was read first and second times, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Barnwell introduced

A bill to organize the clerical force of the Treasury Department;
which was read first and second times, referred to the Committee on Finance, and ordered to be printed.

Mr. Garland introduced

A bill to authorize the Secretary of the Treasury to exchange the bonds of the Confederate States for bonds of the Memphis and Little Rock Railroad Company;
which was read first and second times and referred to the Committee on Military Affairs.

Mr. Rhett introduced

A bill to regulate the navigation of the Confederate States and to establish direct trade with foreign nations;
which was read first and second times, ordered to be printed, and made the special order for Saturday next.

Mr. Ochiltree introduced

A resolution concerning a railroad from Monroe to the line of the State of Louisiana, west of Shreveport;
which was read and referred to the Committee on Military Affairs.

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Mr. Harrison presented a communication; which was referred to the Committee on Naval Affairs, without being read.

Mr. Staples offered

A resolution instructing the Committee on the Judiciary to inquire into the expediency of reporting a bill allowing compensation to jailers for keeping Confederate prisoners;
which was read and agreed to.

Mr. Currin presented a memorial on the subject of the completion of the Memphis and Little Rock Railroad as a military necessity; which was referred to the Committee on Military Affairs, without being read.

Mr. Macfarland presented a design for a flag; which was referred to the Committee on Flag and Seal.

The Chair presented a message from the President; which was read as follows:

Executive Department,
Richmond, February 5, 1862.

To the honorable President of Congress:

I herewith transmit to Congress a communication from the Secretary of War covering a special estimate of the Commissary-General.

The former estimate was to the 1st of April; the appropriation was made only to include the 18th of February.

This estimate is for a year's supply, and is recommended to the favorable consideration of the Congress for the reasons set forth in the Secretary's letter.

JEFFERSON DAVIS.

On motion, the message and accompanying documents were referred to the Committee on Finance.

Mr. Jones of Tennessee presented two designs for a flag; which were referred to the Committee on Flag and Seal.

The Chair presented a message from the President; which was read as follows:

Executive Department,
Richmond, February 4, 1862.

To the Congress of the Confederate States:

I return, with my objections, the bill entitled "An act to repeal so much of the laws of the United States adopted by the Congress of the Confederate States as authorize the naturalization of aliens." My objections are the following, viz:

• First. The bill does not save the rights of aliens who were domiciled in the Confederate States at the beginning of this revolution and had already commenced the proceedings necessary to their naturalization. It would be manifest injustice to such aliens as have remained among us and have sympathized with and aided us in our struggle to cut them off from these rights, at least inchoate, and deprive them of the boon held out to them by laws to which we were assenting parties at the time they immigrated to the Confederacy.
• Second. While there is perhaps no direct prescription of the Constitution making it the duty of Congress to establish a rule of naturalization, I submit that in addition to the grant of that power made to Congress, the States in the permanent Constitution have surrendered the power formerly exercised by some of them, of permitting aliens to vote, even in State elections, until naturalized as citizens of the Confederate States (Article I, section 2). A comparison of these provisions leads to the conclusion that it was in contemplation of the States that Congress should exercise the power vested in it, and it does not appear to me to be a fair compliance with the just expectations of the States to repeal, in mass, all laws providing for the naturalization of aliens without substituting some other system that may commend itself to the wisdom of Congress.

These are my special objections to the act as passed, but I beg permission to say that the general policy indicated by its provisions appears to be at least questionable. That there is no present necessity for such legislation is obvious; for there has not been, and we can not expect there will be, immigration, except on the part of such as are disposed to aid us in our struggle. To the future, which may well be left to take care of itself on this subject, it is submitted whether legislation intended to

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effect the entire exclusion from citizenship of all who are not born on the soil will be deemed in accordance with the civilization of the age.

In conclusion, it can scarcely be necessary to point out the evil effects that may be produced on aliens now serving in our Army and on those of our fellow-citizens who are of foreign birth by what will be considered as a legislative stigma cast on them as a class.

JEFFERSON DAVIS.

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

An act to amend the act entitled "An act to amend an act to provide for the organization of the Navy, approved March sixteenth, eighteen hundred and sixty-one," approved May 20, 1861, and an act entitled "An act to authorize the President to confer temporary rank and command on officers of the Navy doing duty with troops," approved December 24, 1861.

A message was received from the President, by the hands of his Private Secretary, Mr. Josselyn, informing Congress that the President, has this day approved and signed

An act to amend the act entitled "An act to amend an act to provide for the organization of the Navy, approved March sixteenth, eighteen hundred and sixty-one," approved May 20, 1861, and an act entitled "An act to authorize the President to confer temporary rank and command on officers of the Navy doing duty with troops," approved December 24, 1861.

Mr. Perkins moved to postpone the further consideration of the bill.

The motion did not prevail.

Mr. Elliott demanded the question; which was seconded.

And the question being,

Shall the bill pass, notwithstanding the veto of the President?

The yeas and nays of the whole body were recorded thereon; which are as follows, to wit:

• Alabama--Yea: Messrs. Smith, Curry, Chilton, Hale, and Jones. Nay: Mr. McRae.
• Arkansas--Yea: Messrs. Garland and Watkins. Nay: Messrs. Johnson and Thomason.
• Florida--Yea: Messrs. Morton, Sanderson, and Owens.
• Georgia--Yea: Messrs. Toombs, Foreman, Hill, and Kenan. Nay: Messrs. Crawford, Bass, and Stephens.
• Kentucky--Nay: Messrs. Monroe, Johnson, Ford, and Thomas.
• Louisiana--Yea: Messrs. Perkins and Conrad. Nay: Messrs. De Clouet, Kenner, and Marshall.
• Mississippi--Yea: Messrs. Bradford and Harrison. Nay: Messrs. Harris, Brooke, and Campbell.
• Missouri--Yea: Messrs. Clark, Cooke, and Conrow. Nay: Messrs. Peyton, Harris, and Vest.
• North Carolina--Yea: Messrs. Davis, Puryear, and Davidson. Nay: Messrs. Avery, Ruffin, McDowell, Morehead, and Craige.
• South Carolina--Yea: Mr. Rhett. Nay: Messrs. Barnwell, Memminger, and Boyce.
• Tennessee--Yea: Mr. De Witt. Nay: Messrs. House, Jones, Thomas, and Currin.
• Texas--Nay: Messrs. Wigfall, Reagan, Waul, Oldham, and Ochiltree.
• Virginia--Yea: Messrs. Rives, Scott, and Boteler. Nay: Messrs. Seddon, Hunter, Macfarland, Bocock, Brockenbrough, Russell, Johnston, and Staples.

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Yea: Alabama, Florida, and Georgia, 3.

Nay: Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas. and Virginia, 8.

Divided: Arkansas and Missouri, 2.

So the bill was lost.

The Chair presented certain estimates from the Secretary of the Navy; which were read and referred to the Committee on Finance.

Also, certain estimates from the Secretary of the Treasury; which were read and referred to the Committee on Finance.

Also, joint resolutions of the State of Florida; which were read and laid on the table.

Mr. Elliott moved that Congress do now adjourn.

The motion did not prevail.

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

A resolution to provide for the transfer of certain Indian trust funds to the Confederate States;
which was engrossed, read a third time, and passed.

Also, a letter from William Percher Miles; which was referred to the Committee on Military Affairs, without being read.

On motion of Mr. Stephens,

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

EXECUTIVE SESSION.

Congress being in executive session,

A communication was received from the President; which is as follows:

Richmond, February 1, 1862.

To the Congress of the Confederate States:

I nominate, J. B. Kershaw, of South Carolina, to be a brigadier-general, agreeably to the recommendation of the Secretary of War.

JEFFERSON DAVIS.
which was referred to the Committee on Military Affairs.

Mr. Hale, from the Military Committee, to whom was referred the message of the President of January 31, nominating surgeons and assistant surgeons in the Army of the Confederate States, reported the same back, with the recommendation that Congress advise and consent to the same; which was agreed to, and the nominations were confirmed.

The following communication was also received from the President:

Richmond, February 5, 1862.

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.

• FIRST REGIMENT GEORGIA REGULARS, PROVISIONAL ARMY.
  • Captain.
    • J. G. Montgomery, of Georgia, to take rank January 15, 1862.
  • First lieutenants.
    • G. B. Lamar, of Georgia, to take rank November 18, 1861; Michael L. Cass, of Georgia, to take rank January 15, 1862; J. A. Blance, of Georgia, to take rank from date of confirmation.

  ---

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  • Second lieutenants.
    • F. B. Palmer, of Georgia, to take rank from date of confirmation; A. H. Rutherford, of Georgia, to take rank from date of confirmation; Marshall de Graffenried, of Georgia, to take rank from date of confirmation; James R. Blount, of Georgia, to take rank from date of confirmation; James S. Madden, of Georgia, to take rank from date of confirmation; John R. Wells, of Georgia, to take rank from date of confirmation; James T. Armstrong, of Georgia, to take rank from date of confirmation; Lucius G. Rees, of Georgia, to take rank from date of confirmation.
• HAMILTON'S BATTERY, GEORGIA, PROVISIONAL ARMY.
  • Second lieutenant.
    • Frank Steiner, of Georgia, to take rank from date of confirmation.

Mr. Bass, at the instance of the State of Georgia, moved to reconsider the vote referring the nominations in Georgia regiments to the Committee on Military Affairs.

The motion was concurred in.

Mr. Foreman moved that the nominations of the President, in the Georgia regiments, be confirmed.

The motion prevailed, and the nominations were confirmed, Congress advising and consenting to the same.

On motion,

Congress then resolved itself into legislative session.

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