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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 --MONDAY, March 4, 1861.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
MONDAY, March 4, 1861.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Dr. Basil Manly.

Mr. Cobb offered the following resolution:

Resolved, That the members of the Alabama State convention be invited to seats in the Hall during the public sessions of Congress;
which was adopted.

Mr. Curry, on behalf of H. P. Oden, James G. L. Huey, and Andrew W. Bowie, presented to the President of Congress an inkstand made from Alabama marble.

Mr. Chilton presented to Congress a letter and drawings from Lieutenant Haines; which were referred to the Committee on Naval Affairs.

Mr. Chilton also presented to Congress a communication from Misses Rebecca C. Ferguson and Mollie A. D. Sinclair, pupils of the Tuskegee Female College, together with drawings as designs for a flag; which were referred to the Committee on Flag and Seal.

Mr. Cobb offered the following resolutions:

Resolved, That the mints at New Orleans and Dahlonega shall be continued, and the proper arrangements made as soon as possible to procure suitable dies for the coin of the Confederate States.

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Resolved, That the Secretary of the Treasury be requested to estimate and report to Congress the lowest amount of appropriation necessary to carry out the above resolution;
which, on motion of Mr. Kenner, were referred to the Committee on Finance.

Mr. Hill laid before Congress a communication from "A lady of Darien, Ga.," relative to a flag; which was referred to the appropriate Committee on Flag.

There being no business on the Public Calendar,

Congress went into secret session; and after remaining some time therein, adjourned till 10 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

Mr. Waul arose to a privileged question, viz, relative to the Delegates from Texas signing the Provisional Constitution.

On motion of Mr. Stephens, the Delegates from Texas were requested to sign the Constitution.

Mr. Miles, from the Committee on the Flag and Seal of the Confederacy, made the following report:

The committee appointed to select a proper flag for the Confederate States of America, beg leave to report:

That they have given this subject due consideration, and carefully inspected all the designs and models submitted to them. The number of these has been immense, but they all may be divided into two great classes.

• First. Those which copy and preserve the principal features of the United States flag, with slight and unimportant modifications.
• Secondly. Those which are very elaborate, complicated, or fantastical. The objection to the first class is, that none of them at any considerable distance could readily be distinguished from the one which they imitate. Whatever attachment may be felt, from association, for "the Stars and Stripes" (an attachment which your committee may be permitted to say they do not all share), it is manifest that in inaugurating a new government we can not with any propriety, or without encountering very obvious practical difficulties, retain the flag of the Government from which we have withdrawn. There is no propriety in retaining the ensign of a government which, in the opinion of the States composing this Confederacy, had become so oppressive and injurious to their interests as to require their separation from it. It is idle to talk of "keeping" the flag of the United States when we have voluntarily seceded from them. It is superfluous to dwell upon the practical difficulties which would flow from the fact of two distinct and probably hostile governments, both employing the same or very similar flags. It would be a political and military solecism. [It would produce endless confusion and mistakes. It would lead to perpetual disputes.^a

  [Note a: a Not in Journal, but contained in original report on file in the War Department.]

  ] As to "the glories of the old flag," we must bear in mind that the battles of the Revolution, about which our fondest and proudest memories cluster, were not fought beneath its folds. And although in more recent times--in the war of 1812 and in the war with Mexico--the South did win her fair share of glory, and shed her full measure of blood under its guidance and in its defense, we think the impartial page of history will preserve and commemorate the fact more imperishably than a mere piece of striped bunting. When the colonies achieved their independence of the "mother country" (which up to the last they fondly called her) they did not desire to retain the British flag or anything at all similar to it. Yet, under that flag they had been planted, and nurtured, and fostered. Under that flag they had fought in their infancy for their very existence against more than one determined foe; under it they had repelled and driven back the relentless savage, and carried it farther and farther into the decreasing wilderness as the standard of civilization and religion; under it the youthful Washington won his spurs in the memorable and unfortunate expedition of Braddock, and Americans helped to plant it on the heights of Abraham, where the immortal Wolfe fell, covered with glory, in the arms of victory. But our forefathers, when they separated themselves from Great Britain--

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  a separation not on account of their hatred of the English constitution or of English institutions, but in consequence of the tyrannical and unconstitutional rule of Lord North's administration, and because their destiny beckoned them on to independent expansion and achievement--cast no lingering, regretful looks behind. They were proud of their race and lineage, proud of their heritage in the glories and genius and language of old England, but they were influenced by the spirit of the motto of the great Hampden, "Vestigia nulla retrorsum." They were determined to build up a new power among the nations of the world. They therefore did not attempt "to keep the old flag." We think it good to imitate them in this comparatively little matter as well as to emulate them in greater and more important ones.

The committee, in examining the representations of the flags of all countries, found that Liberia and the Sandwich Islands had flags so similar to that of the United States that it seemed to them an additional, if not in itself a conclusive, reason why we should not "keep," copy, or imitate it. They felt no inclination to borrow, at second hand, what had been pilfered and appropriated by a free negro community and a race of savages. It must be admitted, however, that something was conceded by the committee to what seemed so strong and earnest a desire to retain at least a suggestion of the old "Stars and Stripes." So much for the mass of models and designs more or less copied from, or assimilated to, the United States flag.

With reference to the second class of designs--those of an elaborate and complicated character (but many of them showing considerable artistic skill and taste)--the committee will merely remark, that however pretty they may be, when made up by the cunning skill of a fair lady's fingers in silk, satin, and embroidery, they are not appropriate as flags. A flag should be simple, readily made, and, above all, capable of being made up in bunting. It should be different from the flag of any other country, place, or people. It should be significant. It should be readily distinguishable at a distance. The colors should be well contrasted and durable, and, lastly, and not the least important point, it should be effective and handsome.

The committee humbly think that the flag which they submit combines these requisites. It is very easy to make. It is entirely different from any national flag. The three colors of which it is composed--red, white, and blue--are the true republican colors. In heraldry they are emblematic of the three great virtues--of valor, purity, and truth. Naval men assure us that it can be recognized and distinguished at a great distance. The colors contrast admirably and are lasting. In effect and appearance it must speak for itself.

Your committee, therefore, recommend that the flag of the Confederate States of America shall consist of a red field with a white space extending horizontally through the center, and equal in width to one-third the width of the flag. The red spaces above and below to be of the same width as the white. The union blue extending down through the white space and stopping at the lower red space. In the center of the union a circle of white stars corresponding in number with the States in the Confederacy. If adopted, long may it wave over a brave, a free, and a virtuous people. May the career of the Confederacy, whose duty it will then be to support and defend it, be such as to endear it to our children's children, as the flag of a loved, because a just and benign, government, and the cherished symbol of its valor, purity, and truth.

Respectfully submitted.

WM. PORCHER MILES,
Chairman.

Mr. Withers moved that the whole of the report from the Committee on the Flag be entered upon the Journal.

It was so ordered.

Mr. Kenner, from the Committee on Finance, reported a bill to be entitled

An act to repeal so much of the laws of the Confederate States of America as prohibit the introduction of liquors except in casks or vessels of or above certain-named capacity, and for other purposes;
which was read a first and second time and ordered to be engrossed for a third reading.

The bill was then read a third time and passed.

Mr. Bartow moved that Congress take a recess from 3.30 o'clock p. m. till 7 o'clock p. m.; which was agreed to.

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

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A resolution in relation to patents and caveats.

Mr. Clayton offered the following resolution:

Resolved, That hereafter the Congress will daily, as soon as the morning business is disposed of, resolve itself into a convention to consider the Constitution of the Confederate States of America;
which was agreed to.

Mr. Stephens, from the Committee on Rules, reported and recommended the adoption of the following resolution; which had been referred to the committee, to wit:

Resolved, That the heads of Departments be admitted to the floor of Congress both in secret and open session.

The resolution was taken up and adopted, and on motion or Mr. Stephens the injunction of secrecy thereon was ordered to be removed.

A message was received from the President that he had approved and signed

A resolution in relation to patents and caveats,

And on motion of Mr. Brooke the injunction of secrecy thereon was ordered to be removed.

Congress resumed the unfinished business of the day previous, it being the consideration of

A bill to be entitled "An act for the establishment and organization of the Army of the Confederate States of America."

Mr. Boyce offered the following resolution:

Resolved, That the bill to organize a military force be recommitted, with instructions to the committee to report a bill providing:

• 1. For a regiment of regulars to garrison the forts in the Confederate States.
• 2. For a regiment of rangers to protect the western borders of Texas from the Indians.
• 3. A military school for the training of officers in the science of war.
• 4. The organization of a volunteer force of one hundred thousand men to be ready for immediate service in case of war.
• 5. The purchase of powder, ordnance, and weapons of the best kind, in quantities to arm said volunteer force, said arms not to be distributed until actually needed in war;
  which was lost.

The question recurring on the amendment offered by Mr. Toombs, the same was also lost.

The twenty-ninth section being as follows, to wit:

• Sec. 29. The Rules and Articles of War established by the laws of the United States of America for the government of the Army are hereby declared to be of force, except that wherever the words "United States" occur the words "Confederate States" shall be substituted therefor; and the same change shall be made in all other laws relating to the Army which remain of force. And all laws or parts of laws of the United States, which have been adopted by the Congress of the Confederate States, repugnant to or inconsistent with this act, are hereby repealed.

Mr. Bartow moved to amend the same by inserting after the word "therefor," where it first occurs, the following:
and except that the articles of war numbers sixty-one and sixty-two are hereby abrogated, and the following articles substituted therefor:

• 61. Officers having brevets or commissions of a prior date to those of the corps in which they serve will take place in courts-martial or of inquiry, and on boards detailed for military purposes, when composed of different corps, according to the ranks given them in their brevet or former commissions; but in the regiment, corps, or company to which such officers belong, they shall do duty and take rank, both in courts and on boards as aforesaid, which shall be composed of their own corps, according to the commissions by which they are there mustered.
• 62. If upon marches, guards, or in quarters, different corps shall happen to join or do duty together, the officer highest in rank, according to the commission by which

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  he is mustered in the Army, Navy, Marine Corps, or Militia, there on duty by orders from competent authority, shall command the whole and give orders for what is needful for the service, unless otherwise directed by the President of the Confederate States in orders of special assignment providing for the case;
  which motion to amend was agreed to.

On motion of Mr. Bartow, the section was further amended by striking out the following words: "and the same change shall be made in all other laws relating to the Army which remain in force."

On motion of Mr. Bartow, the following words were stricken from the same section and constituted the thirty-first section, to wit:

And all laws or parts of laws of the United States, which have been adopted by the Congress of the Confederate States, repugnant to or inconsistent with this act, are hereby repealed.

The twenty-ninth section of the bill as amended is as follows:

• Sec. 29. The Rules and Articles of War established by the laws of the United States of America for the government of the Army are hereby declared to be of force, except that wherever the words "United States" occur the words "Confederate States" shall be substituted therefor; and except that the articles of war numbers sixty-one and sixty-two are hereby abrogated, and the following articles substituted therefor:
  • 61. Officers having brevets or commissions of a prior date to those of the corps in which they serve will take place in courts-martial or of inquiry, and on boards detailed for military purposes, when composed of different corps, according to the ranks given them in their brevet, or former commissions; but in the regiment, corps, or company to which such officers belong, they shall do duty and take rank, both in courts and on boards as aforesaid, which shall be composed of their own corps, according to the commissions by which they are there mustered.
  • 62. If upon marches, guards, or in quarters, different corps shall happen to join or do duty together, the officer highest in rank, according to the commission by which he is mustered in the Army, Navy, Marine Corps, or Militia, there on duty by orders from competent authority; shall command the whole and give orders for what is needful for the service, unless otherwise directed by the President of the Confederate States in orders of special assignment providing for the case.

On motion of Mr. Bartow, the eighteenth section was then amended by altering the second sentence of the same; which reads as follows, viz:

The Surgeon-General shall receive an annual salary of three thousand dollars, which shall be in full of all pay and allowances, except fuel and quarters,

So that, amended, it would read: "The monthly pay and allowances of the Surgeon-General shall be the same as those of the colonel of cavalry."

On motion of Mr. Bartow, the nineteenth section was amended by striking out the following words, to wit:
to every officer commanding in chief a separate army actually in the field, one hundred dollars; to every officer commanding a military geographical department, seventy-five dollars; to field officers of regiments in command of permanent or fixed post, garrisoned by troops, fifty dollars; and to all other officers commanding in like manner, twenty-five dollars.

The twenty-first section being as follows, to wit:

• Sec. 21. In time of war, officers of the Army shall be entitled to draw forage for horses, according to grade, as follows: A brigadier-general, five; the adjutant and inspector general, quartermaster-general, commissary-general, and the colonels of engineers, artillery, infantry, and cavalry, four each; all lieutenant-colonels and majors, and captains of the general staff, engineer corps, light artillery and cavalry, three each; lieutenants serving in the corps of engineers, lieutenants of light artillery and of cavalry, two each. In time of peace, general and field officers three; officers below the rank of field officers, in the general staff, corps of engineers, light artillery and cavalry, two: Provided, That in all cases the horses are actually kept in service and mustered. No enlisted man in the service of the Confederate States shall be employed as a servant by any officer of the Army.

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On motion of Mr. Bartow, the same was amended by striking out in the words "A brigadier-general, five," the word "five" and inserting in lieu thereof the word "four," and by striking out in the words "infantry and cavalry, four," the word "four" and inserting in lieu thereof the word "three."

On motion of Mr. Bartow, the twenty-second section was amended by making the monthly pay of "sergeants" "seventeen" instead of "eighteen" dollars, and the monthly pay of blacksmiths "thirteen" instead of "fourteen" dollars.

On motion of Mr. Kenner, the bill was amended by adding the following as an additional section, to be the thirtieth section, to wit:

That the President shall call into the service of the Confederate States only so many of the troops herein provided for as he may deem the safety of the Confederacy may require.

The bill was then engrossed, read a third time, and passed.

On motion of Mr. Bartow, the regular order was suspended, and the Congress proceeded to the consideration of the bill to provide for the public defense; which was ordered to be engrossed, and the same having been done, the bill was read the third time and passed.

Mr. Toombs offered the following resolution:

Resolved, That the President be, and he is hereby, authorized to send a commissioner from this Government to the convention of the State of Arkansas to consult touching matters concerning their mutual interests;
which was read the first and second times, engrossed, read a third time, and agreed to under the following title:

A resolution to authorize the President to send a commissioner to the convention of the State of Arkansas.

Mr. Toombs also offered the following resolution:

Resolved, That the President be, and he is hereby, authorized to send a suitable person as special agent of this Government to the Indian tribes west of the State of Arkansas;
which was read the first and second times, engrossed, read a third time, and agreed to.

Mr. Owens was excused from further service on Committee on Accounts, and the President appointed Mr. Gregg to fill the vacancy.

On motion of Mr. Withers,

The Congress adjourned until 10 o'clock to-morrow.

EXECUTIVE SESSION.

The Congress having gone into executive session,

On motion of Mr. Conrad, the Congress resumed the consideration of the reports of the majority and minority of the Committee on Naval Affairs on the nomination by the President of S. R. Mallory to be Secretary of the Navy.

After some [time] spent in discussion, Mr. Keitt demanded the question; which demand was not sustained.

Mr. Chesnut moved that the nomination be recommitted to the Committee on Naval Affairs; which motion was lost on a vote by States, as follows:

Yea: Florida and Louisiana, 2.

Nay: Alabama, Georgia, Mississippi, South Carolina, and Texas, 5.

The question then being,

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Will the Congress advise and consent to the nomination of S. R. Mallory to be Secretary of the Navy?

It was decided in the affirmative on a vote by States, as follows:

Yea: Alabama. Georgia. Louisiana, Mississippi, and South Carolina, 5.

Nay: Florida and Texas. 2.

The yeas and nays were demanded by the State of Florida, and are as follows:

• From Alabama--Yea: Messrs. Walker, Smith, Curry, Hale, McRae, Shorter, Lewis, and Fearn. Nay: Mr. Chilton.
• From Florida--Yea: Mr. Anderson. Nay: Messrs. Morton and Owens.
• From Georgia--Yea: Messrs. Toombs, Howell Cobb, Bartow, Nisbet, Hill, Thomas R. R. Cobb, and Stephens. Absent: Messrs. Crawford, Wright, and Kenan.
• From Louisiana--Yea: Messrs. De Clouet, Conrad, Kenner, and Sparrow. Nay: Mr. Marshall. Absent: Mr. Perkins.
• From Mississippi--Yea: Messrs. Harris, Brooke, Wilson, Clayton, Barry, and Harrison. Absent: Mr. Campbell.
• From South Carolina--Yea: Messrs. Rhett, Barnwell, Keitt, Chesnut, Memminger, Miles, Withers, and Boyce.
• From Texas--Yea: Messrs. Reagan and Gregg. Nay: Messrs. Waul, Oldham, and Ochiltree. Absent: Messrs. Wigfall and Hemphill.

Ordered, That the injunction of secrecy be removed from the fact of the confirmation of the nomination of S. R. Mallory as aforesaid.

There being no further executive business, the Congress resumed the consideration of the business upon the Calendar.

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