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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 --TUESDAY, February 26, 1861.
OPEN SESSION.
Congress met pursuant to adjournment.
Prayer was offered by the Rev. Mr. Mitchell.
The Journal of yesterday was read and approved.
Mr. Hale presented to Congress a communication and design for a flag; which were referred to the Committee on Flag and Seal.
Mr. Curry laid before Congress two communications relative to a flag; which were referred to the appropriate Committee on Flag.
Mr. Hill presented to Congress a design for a flag; which was also referred to the Committee on Flag and Seal.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act in relation to the slave trade and to punish persons offending therein;
An act to authorize the Secretary of the Treasury to establish additional ports and places of entry and appoint officers therefor;
An act for the establishment and organization of a general staff for the Army of the Confederate States of America;
An act to modify the navigation laws and repeal all discriminating duties on ships or vessels; and
An act to define more accurately the exemption of certain goods from duty.
Congress resumed the consideration of
A bill in relation to public printing.
The bill was taken up by sections,
The sixth section being reported as follows:
On motion of Mr. Cobb, the word "four," where it first occurs, was stricken out and the word "six" inserted in lieu thereof.
The first clause of the seventh section being as follows:
Mr. Cobb moved to strike out the word "twenty," where it first occurs, and insert in lieu thereof the word "seventy;" which was agreed to.
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The bill as amended was then ordered to be engrossed for a third reading; which having been done, and the bill read a third time, was passed.
On motion of Mr. Brooke,
Congress went into secret session; and after spending some time therein, adjourned till 12 o'clock to-morrow.
SECRET SESSION.
The Congress having convened in secret session, the following proceedings were had:
On motion of Mr. Stephens, the special order of the day was postponed for the time, and the President proceeded to the call of the committees.
Mr. Rhett, from the Committee on Permanent Constitution, reported
The Constitution of the Confederate States of America.
Mr. Stephens, from the Committee to Organize the Executive Departments, reported
A bill to authorize the Secretary of State to appoint an assistant; which was read the first and second times, engrossed, read a third time, and passed.
Mr. Rhett, from the Committee, on Foreign Affairs, reported
A bill to provide the compensation for the commissioners to European powers.
The bill was read the first and second times; and
The first section having been read, placing the compensation for each of the commissioners "at the rate of one thousand dollars a month,"
Mr. Curry moved to amend the same by striking out the words "one thousand" and inserting in lieu thereof the words "eight hundred."
The motion was lost.
The bill was engrossed, read a third time, and passed.
On motion of Mr. Barnwell, the special order and regular order of the day were postponed and the bill to raise money for the support of the Government and to provide for the defense of the Confederate States of America was taken up.
The fourth section being as follows, viz:
On motion of Mr. Nisbet, the same was amended by striking out the words "one hundred" and inserting in lieu thereof the word "fifty."
The fifth section being as follows, viz:
Mr. Sparrow moved to amend the same by striking out the words "one-eighth of one cent per pound on all cotton in the raw state" and
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inserting in lieu thereof the words "two and a half per cent upon the value of all commodities."
Mr. Stephens, after discussion thereon, demanded the question; which was seconded, and the question being taken, the motion was lost.
Mr. Stephens moved to amend by striking out the whole of the section.
Mr. Withers moved to amend the section by adding the following proviso, viz:
Provided, also, That when the debt and interest thereon herein authorized to be contracted shall be extinguished, or the sinking fund provided for that purpose shall be adequate to that end, the said export duty shall cease and determine.
After discussion, Mr. Stephens demanded the question; which having been seconded and the question taken, the motion was agreed to.
The question then recurred on the motion of Mr. Stephens to amend by striking out the section, and the vote having been taken by States is as follows:
Yea: Alabama and Florida.
Nay: Georgia, Louisiana, Mississippi, and South Carolina.
Mr. Withers moved to amend the section by striking out the same and inserting in lieu thereof the words as follows, viz:
From and after the first day of August, eighteen hundred and sixty-one, there shall be levied, collected and paidcents on each and every slave within the ages of twelve and fifty years, which tax is hereby specially pledged to the due payment of interest and principal of the loan provided for by this act; and the Secretary of Treasury is hereby authorized and required to establish a sinking fund to carry out the provisions of this section: Provided, That each State in this Confederacy may supersede the laying and collection of said tax by paying into the Treasury of this Confederacy a sum of money equal to the aggregate of said tax which would be received in such State: And provided also, That when the debt herein authorized to be contracted shall be extinguished, or when the sinking fund provided for that purpose shall be adequate to that end, the said tax shall cease and determine, and as the said debt shall be diminished, the said tax shall be reduced in due proportion: And provided further, That the interest coupons issued under the second section of this act, when due, shall be receivable in payment of said tax.
The following communications were received from the President:
Executive Department,
Montgomery, Ala., February 26, 1861.
Mr. President: The President has approved and signed the following acts passed by the Congress:
An act to modify the navigation laws and repeal all discriminating duties on ships or vessels;
An act for the establishment and organization of a general staff for the Army of the Confederate States of America; and
An act to define more accurately the exemption of certain goods from duty.
ROBERT JOSSELYN,
Private Secretary.
Executive Office, February 26, 1861.
Gentlemen of the Congress: Though the General Government of the Confederate States is specially charged with the questions arising from the present condition of Forts Sumter and Pickens, and the Executive is required by negotiations or other means to obtain possession of those works, and though the common defense and the issues of peace or war of the Confederate States must necessarily be conducted by their general agent, the only material of war which we possess is held by the authorities of the several States.
To distribute the arms and munitions so as best to provide for the defense of the country it is needful that they be placed under the control of the General Government.
We have now but little information as to the quantity and quality of the military supplies on hand, and have no authority to call for returns from the officers of the States. The courtesy and patriotism of the respective governors would no doubt
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willingly meet such inquiry, and would probably induce them to transfer either armament or stores in compliance with a requisition from this Government, but efficiency requires the exclusive control as well of the means as of the works of defense. The General Government, being also charged with foreign intercourse, may have in the course of negotiation to account for the property of the United States which as a consequence of secession passed under the authority of the several States anterior to the formation of this Government.
For these considerations I respectfully suggest that the proper legislation be adopted to secure the transfer of all arms and munitions now in the forts, arsenals, and navy-yards to the custody of the Government of the Confederate States, and that full returns be made of all arms and munitions which have been distributed from the public stores to the troops of the several States, with authority to this Government to take charge of the accountability for them, and also to receive, to be accounted for to the several States, such arms and munitions as have been purchased by them and which they are willing to devote to the common service of the Confederacy.
The difficulty of supplying our wants in that regard by purchase abroad or by manufacture at home is well known to the Congress and will render unnecessary an argument to enforce the general policy herein presented, and I have only respectfully to commend the subject to your consideration.
JEFF'N DAVIS.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to authorize the Secretary of State to appoint an assistant; and
An act to provide the compensation for the commissioners to the European powers.
On motion of Mr. Hill,
The Congress adjourned until 12 o'clock to-morrow.
EXECUTIVE SESSION.
The Congress having gone into executive session, the following communication was received from the President:
Executive Department,
Montgomery, Ala., February 26, 1861.
Hon. Howell Cobb,
President of the Congress.
Sir: I hereby transmit for the advice of the Congress the following nominations, in accordance with a resolution passed February 13, 1861, to provide for a commission to proceed to Europe, under instructions to be given: William L. Yancey, of Alabama; P. A. Rest, of Louisiana; and A. Dudley Mann, of Confederate States.
JEFF'N DAVIS.
On motion of Mr. Hill, the communication was referred to the Committee on Foreign Affairs.
There being no further executive business, Congress resumed the consideration of the Calendar.
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