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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 --THURSDAY, February 28, 1861.
OPEN SESSION.
The Congress met pursuant to adjournment.
Mr. Chilton presented a memorial from the merchants of the city of Montgomery; which was referred, without being read, to the Committee on Commercial Affairs.
Mr. Curry presented a communication from J. E. Hutz; which was referred to the Committee on Naval Affairs.
Mr. Curry also presented a design for a flag; which was referred to the Committee on Flag and Seal.
Mr. Cobb reported
A bill to define the jurisdiction of the Federal courts in certain cases; which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Hill presented a design for a flag; which was referred to the Committee on Flag and Seal.
Mr. Chesnut presented a memorial from George T. Sinclair, praying a caveat for an invention made by him in reference to a magazine
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until a patent can be obtained; which was referred to the Committee on Patents.
Mr. Ochiltree presented a communication from John C. Robertson, chairman of committee on public safety of the State convention of the State of Texas; which was referred to the Committee on Military Affairs.
Mr. Curry presented a communication from J. M. Lapsley on the subject of a tariff; which was referred to the Committee on Finance.
Mr. Hill presented a communication from I. C. Plant on the subject of patents; which was referred to the Committee on Patents.
Mr. Chilton, from the Committee on Postal Affairs, reported a
Bill supplemental to "An act to regulate the rates of postage and for other purposes;"
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to raise provisional forces for the Confederate States of America, and for other purposes; and
An act to raise money for the support of the Government and to provide for the defense of the Confederate States of America.
On motion of Mr. Nisbet,
The Congress went into secret session; and after spending some time therein, adjourned until 11 o'clock to-morrow.
SECRET SESSION.
Congress being in secret session, Mr. Cobb offered the following resolution, viz:
On motion of Mr. Morton, the Congress resolved that it would resolve itself in convention and take up for consideration each day at 12 o'clock m. the Constitution of the Confederate States of America, until the same should be disposed of.
On motion of Mr. Clayton, Congress took up for consideration the
Bill to establish the judicial courts of the Confederate States of America.
Mr. Harris moved to amend the second section thereof by inserting before the words "district court" the word "judicial;" which motion was lost.
Mr. Smith moved to amend the section by inserting after the words "who shall reside" and before the words "in the State" the words "in the principal commercial town;" which motion was lost.
Mr. Sparrow moved to amend the said section by striking out therefrom the word "three" and inserting in lieu thereof the word "five."
Pending discussion thereon, the following message was received from the President through his Private Secretary, Mr. Josselyn, viz:
Executive Department, February 28, 1861.
Mr. President: The President has approved and signed the following acts passed by the Congress, to wit:
An act to authorize the Secretary of the Treasury to establish additional ports and places of entry and delivery, and appoint officers therefor;
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An act to raise provisional forces for the Confederate States of America, and for other purposes; and
An act to raise money for the support of the Government and to provide for the defense of the Confederate States of America.
The Congress then, on motion of Mr. Waul,
Resolved, That the Secretary keep a separate journal, to be entitled "the Journal of the Convention of Deputies from the independent and sovereign States of Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, and Texas."a
[Note a: a For the journal authorized by this resolution, see pp. 851--896.]
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act supplemental to "An act to regulate the rates of postages, and for other purposes."
The following communication was received from the President:
Executive Department, February 28, 1861.
Gentlemen of the Congress: With sincere deference to the judgment of the Congress I have carefully considered the bill "in relation to the slave trade and to punish persons offending therein," but have not been able to approve and therefore do return it with a statement of my objections.
The Constitution, section seven, article first, provides that "The importation of African negroes from any foreign country other than the slaveholding States of the United States is hereby forbidden, and Congress is required to pass such laws as shall effectually prevent the same." The rule herein given is emphatic and distinctly directs legislation which shall effectually prevent the importation of African negroes. The bill before me denounces as a high misdemeanor the importation of negroes or other persons of color, either to be sold as slaves or to be held to service or labor, affixing heavy and degrading penalties on the act if done with such intent. To that extent it accords with the requirement of the Constitution, but in the 6th section of the bill provision is made for the transfer of negroes who may have been illegally imported into the Confederate States to the custody of foreign States or societies, upon condition of deportation and future freedom, and if the proposition thus to surrender them shall not be accepted it is then made the duty of the President to cause said negroes to be sold at public outcry to the highest bidder in any one of the States where such sale shall not be inconsistent with the laws thereof, etc.
This latter provision seems to me in opposition to the policy declared in the Constitution, the prohibition of the importation of African negroes, and in derogation of its mandate to legislate for the effectuation of that object. Wherefore the bill is returned for your further consideration, together with the objections most respectfully submitted.
JEFF'N DAVIS.
Mr. Memminger moved to adjourn.
The motion was lost.
Mr. Stephens moved that when Congress adjourn it adjourn until 10 o'clock to-morrow.
The motion prevailed.
On motion of Mr. Memminger,
The Congress adjourned until 10 o'clock to-morrow.
EXECUTIVE SESSION.
The Congress having gone into executive session,
Mr. Conrad, from the Committee on Naval Affairs, made the following report on the part of the majority of said committee:
The Committee on Naval Affairs, to whom was referred the nomination of S. R. Mallory, of Florida, as Secretary of the Navy, beg leave to recommend that said nomination be confirmed.
Mr. Owens, from the same committee, made the following minority report:
Being unable at this time to concur in the recommendation of the majority of the committee in reference to the nomination of Mr. S. R. Mallory as Secretary of
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the Navy, I feel it due to myself to say that as I am in daily expectation of further information touching the wishes of Florida in this regard, and, perhaps, other facts in the possession of my absent colleague, Mr. Anderson, I am not now prepared to act on the nomination, and must therefore at present dissent from the report of the majority.
All of which is respectfully submitted.
JAS. B. OWENS.
On motion of Mr. Morton, the further consideration of the subject was postponed until to-morrow.
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