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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 --FRIDAY, May 3, 1861.
OPEN SESSION.
Congress met pursuant to adjournment.
Prayer was offered by the Rev. Mr. Pellicer.
Mr. Ochiltree presented a communication from L. B. Collins, together with a design for a seal for the Confederate States; which were referred to the Committee on Flag and Seal.
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Mr. Shorter, from the Committee to Arrange for Government Buildings, made the following report:
The Committee on Government Buildings, to whom was referred the communication of his excellency the governor of the State of Alabama, inviting Congress to occupy the hall of the house of representatives of said State, report the following resolutions:
Resolved, That the President of the Congress communicate, in behalf of this body, to his excellency Andrew B. Moore, governor of the State of Alabama, their thanks for the tender made by him of the hall of the house of representatives for the use of Congress, and inform him that his courteous invitation to occupy the same is accepted by the Congress.
Resolved, That when Congress adjourns this day it will adjourn to reassemble in the hall of the house of representatives of the State capitol.
SHORTER, Chairman.
The report was agreed to.
Mr. Chesnut moved that an additional member be added to the Committee on Territories; which was agreed to, and the Chair appointed Mr. Oldham on said committee.
Mr. Cobb, from the Committee on Printing, made the following report:
The Committee on Printing, to whom was referred a resolution in relation to printing extra copies of the Provisional and permanent Constitutions, acts, and resolutions of the first session of this Congress, recommend that 1,000 extra copies be printed for distribution.
The report was agreed to.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to provide for the appointment of chaplains in the Army; also
A resolution of thanks to Brig. Gen. G. T. Beauregard and the army under his command for their conduct in the affair of Fort Sumter.
Congress went into secret session; and after remaining some time therein, adjourned until 12 o'clock to-morrow.
SECRET SESSION.
Congress having resolved itself in secret session,
Mr. Brooke offered the following resolution, to wit:
A resolution to extend the provisions of a resolution approved March fourth, eighteen hundred and sixty-one.
Resolved, That the resolution passed by this Congress and approved March fourth, eighteen hundred and sixty-one, in relation to patents and caveats, be extended to citizens of all the slaveholding States;
which was read the first and second times, engrossed, read a third time, and agreed to.
Mr. Sparrow presented a communication from R. A. Hunter relative to the establishment of an armory for the Confederate States; which was referred, without being read, to the Committee on Military Affairs.
Mr. Bartow, from the Committee on Military Affairs, reported
A bill providing for a regiment of zouaves in the Army of the Confederate States;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Bartow, from the same committee, reported
A bill to raise an additional military force to serve during the war;
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which was read the first and second times, ordered to be placed on the Calendar, and printed.
Congress then proceeded to the consideration of the special order of the day; which was
A bill recognizing the existence of war between the United States and the Confederate States; and concerning letters of marque, prizes, and prize goods.
The first section being as follows:
On motion of Mr. Chesnut, the same was amended by striking therefrom the word "wage," where it first occurs, and inserting in lieu thereof the word "meet."
On motion of Mr. Harris, the same was further amended by striking out the word "inaugurated," where it first occurs, and inserting in lieu thereof the word "commenced."
Mr. Walker moved to further amend the section by adding thereto the following, to wit:
Provided, however, That property of the enemy (unless it be contraband of war) laden on board a neutral vessel shall not be subject to seizure under this act: And provided further, That vessels of the citizens or inhabitants of the United States now in the ports of the Confederate States shall be allowed thirty days after the publication of this act to leave said ports and reach their destination; and such vessels and their cargoes, excepting articles contraband of war, shall not be subject to capture under this act during said period, unless they shall have previously reached the destination for which they were bound on leaving said ports.
On motion of Mr. Cobb, the amendment was divided into two propositions, viz, the first and second proviso, and the same were each agreed to.
The section as amended reads as follows, viz:
The twelfth section being as follows:
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be liable to be revoked; and such commanders, respectively, shall forfeit for every such offense the sum of one thousand dollars, one moiety thereof to the use of the Confederate States and the other to the informer.
On motion of Mr. Rhett, the same was amended by inserting after the word "obliterating," where it first occurs, the words "the record of," and by inserting after the word "transactions," where it first occurs, the word "contained." So that the sentence will read "or obliterating the record of any material transactions contained therein," etc.
The fifteenth section having been read, and which provided that 2 per cent of the prize money and salvage be pledged to the support of the widows and orphans of those slain in the privateering service,
On motion of Mr. Toombs, the same was amended by striking out the words "two per cent," where they occur, and inserting in lieu thereof the words "five per cent."
The preamble being as follows, viz:
Whereas the President of the United States of America has issued his proclamation making requisition upon the States of the American Union for seventy-five thousand men for the purpose, as therein declared, of capturing forts and other strongholds within the jurisdiction of and belonging to the Confederate States of America, and has detailed naval armaments upon the coasts of the Confederate States of America, and raised, organized, and equipped a large military force to execute the purpose aforesaid, and has issued his other proclamation declaring the ports of the Confederate States in a state of blockade; and
Whereas the States of Maryland, Virginia, North Carolina, Kentucky, Arkansas, and Missouri have refused, and it is believed that the State of Delaware and the inhabitants of the Territories of Arizona and New Mexico will refuse to cooperate with the Government of the United States in these acts of hostility and wanton aggression, which are plainly intended to overawe, oppress, and finally subjugate the people of the Confederate States; and
Whereas by the acts and means aforesaid, war exists between the Confederate States and the Government of the United States and the States and Territories thereof, except the States of Maryland, Virginia, North Carolina, Kentucky, Arkansas, Missouri, and Delaware, and the Territories of Arizona and New Mexico: Therefore,
The question was, on the motion of Mr. Withers, to amend by striking out the same and inserting in lieu thereof the following, to wit:
Forasmuch as Abraham Lincoln, styling himself President of the United States of America, notwithstanding that organization, as originally constituted, has ceased to exist by the matured and complete separation therefrom of the Confederate States of America, has usurped the power to make war and a war of invasion upon said Confederate States--in a spirit ferocious, diabolical, and uncivilized--under the disguise and pretense of capturing, holding, and occupying forts and other strongholds within the limits of and rightfully belonging to the said Confederate States, and of enforcing obedience by said States and the people thereof to laws and a Constitution formally, notoriously, and rightfully abrogated by the sovereign authorities of said States; and forasmuch, likewise, as the said Abraham Lincoln has demanded of the States yet acknowledging his authority large quotas of troops and other appliances of war, and has set in motion all other military means and warlike measures, land and naval, within his power and under his control, to prosecute vindictive and unprovoked hostilities against these Confederate States, and all who take part with them; all which fully appears by the several proclamations issued by said Lincoln, and the many and notorious acts already done, or attempted, and yet actively prosecuted by his Government, its aiders and abettors; and in consideration, also, that sundry of the States which yet acknowledge the rule of said Lincoln have responded to his usurpations by complying with his demand for materials and means to prosecute the unholy war, so as aforesaid set on foot by him; but that the States of Virginia, North Carolina, Tennessee, Kentucky, Maryland, Delaware, Missouri, and Arkansas have either refused or failed to aid such usurpation, and the Territories of Arizona and New Mexico have given evidence that they will rally to the flag of these Confederate States;
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To the end that these Confederate States may effectually meet the state of hostility thus forced upon them by the said Abraham Lincoln and the States and people who adhere to him, that they may repel invasion, vindicate their rights, maintain the rightful government of their choice, and protect and defend the property, lives, and liberties of their inhabitants;
The Congress of the Confederate States of America do declare, That by reason of the means, acts, and circumstances herein before recited, war exists between these Confederate States and the Government of the said Lincoln, and such of the States and Territories as adhere to him, hereby excepting the States of Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Arkansas, and the Territories of Arizona and New Mexico: Therefore.
Mr. Walker moved to amend the preamble of the bill by striking therefrom the first sentence, viz, to and inclusive of the word "blockade," where it first occurs, and inserting in lieu thereof the following, viz:
Whereas the earnest efforts made by this Government to establish friendly relations between the Government of the United States and the Confederate States, and to settle all questions of disagreement between the two Governments upon principles of right, justice, equity, and good faith have proved unavailing by reason of the refusal of the Government of the United States to hold any intercourse with the commissioners appointed by this Government for the purposes aforesaid, or to listen to any proposal they had to make for the peaceful solution of all causes of difficulty between the two Governments; and
Whereas the President of the United States of America has issued his proclamation making requisition upon the States of the American Union for seventy-five thousand men for the purpose, as therein indicated, of capturing forts and other strongholds within the jurisdiction of and belonging to the Confederate States, and of overturning by force of arms the independent government established by the States of this Confederacy, and has detailed naval armaments upon the coasts of the Confederate States, and raised, organized, and equipped a large military force to execute the purposes aforesaid, and has issued his other proclamation announcing his purpose to set on foot a blockade of the ports of the Confederate States.
Mr. Conrad moved to amend the same by substituting for the substitute offered by Mr. Withers the following, viz:
Whereas the President of the United States persists in retaining possession by force of arms of several fortifications belonging to and within the limits of this Confederacy; has declared all the seaports thereof to be in a state of blockade; has raised an army of seventy-five thousand men in addition to the regular force authorized by law, and is causing the same rapidly to concentrate on the borders of the Confederacy; has caused valuable military and naval establishments belonging to these States and the vessels, arms, and munitions of war therein contained to be destroyed, and committed other wanton and unprovoked acts of aggression and outrage on the persons and property of their citizens; and
Whereas this Government has used every effort to avert the calamities of war, but all its overtures for that purpose have been scornfully repelled: Now, therefore,
The Congress of the Confederate States do enact, That the President of the Confederate States be, and he is hereby, authorized to use the land and naval forces for the purpose of recovering such forts and fortifications belonging to these States as are retained by the Government of the United States, and of resisting and repelling in such manner as he may deem advisable any and all acts of hostility or aggression that may be committed by said Government.
Mr. Bartow moved to lay all the amendments on the table.
Mr. Smith thereon demanded the question; which was seconded, and the motion prevailed, the States voting as follows:
Yea: Florida, Georgia, Mississippi, South Carolina, and Texas, 5.
Nay: Alabama and Louisiana, 2.
Mr. Toombs moved to amend by inserting after the words "the Territories of Arizona and New Mexico," where they occur, the words "and the Indian Territory, south of Kansas."
The motion prevailed.
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Mr. Walker moved to amend the same by inserting as the beginning of the preamble the following, viz:
Whereas the earnest efforts made by this Government to establish friendly relations between the Government of the United States and the Confederate States, and to settle all questions of disagreement between the two Governments upon principles of right, justice, equity, and good faith have proved unavailing by reason of the refusal of the Government of the United States to hold any intercourse with the commissioners appointed by this Government for the purposes aforesaid, or to listen to any proposal they had to make for the peaceful solution of all causes of difficulty between the two Governments.
The motion prevailed.
Mr. Conrad moved to amend by striking out all of the same after the word "blockade," where it first occurs.
On motion of Mr. Toombs, the word "Virginia," wherever it occurs, was stricken out.
The question recurring on the motion of Mr. Conrad to amend, the same was lost.
On motion of Mr. Smith, the same was amended by striking therefrom the word "declared," where it first occurs, and inserting in lieu thereof the word "commenced," and making the last clause of the first sentence read as follows:
and has issued his other proclamation announcing his purpose to set on foot a blockade of the ports of the Confederate States.
Mr. Withers moved to amend by striking out all of the preamble except the last word thereof, to wit, the word "therefore" and inserting in lieu of the same the following, viz:
Inasmuch as war exists by the acts of Abraham Lincoln, styling himself President of the United States of America, between the Confederate States of America and the government called the Government of the United States of America and certain States adhering to that Government, hereby excepting, however, from such hostile relation the States of Virginia (now in alliance with these Confederate States) and Maryland, Delaware, North Carolina, Tennessee, Kentucky, Missouri, Arkansas, and the Territories of New Mexico, Arizona, and the Indian Territory, south of Kansas.
The motion was lost.
On motion of Mr. Memminger, the same was amended by inserting immediately preceding and as part of the second sentence the following:
Whereas the State of Virginia has seceded from the Federal Union and entered into a convention of alliance, offensive and defensive, with the Confederate States, and has adopted the Provisional Constitution of the said States.
The preamble as amended is as follows:
Whereas the earnest efforts made by this Government to establish friendly relations between the Government of the United States and the Confederate States, and to settle all questions of disagreement between the two Governments upon principles of right, justice, equity, and good faith have proved unavailing by reason of the refusal of the Government of the United States to hold any intercourse with the commissioners appointed by this Government for the purposes aforesaid, or to listen to any proposal they had to make for the peaceful solution of all causes of difficulty between the two Governments; and
Whereas the President of the United States of America has issued his proclamation making requisition upon the States of the American Union for seventy-five thousand men for the purpose, as therein indicated, of capturing forts and other strongholds within the jurisdiction of and belonging to the Confederate States of America, and has detailed naval armaments upon the coasts of the Confederate States of America, and raised, organized, and equipped a large military force to execute the purpose aforesaid, and has issued his other proclamation announcing his purpose to set on foot a blockade of the ports of the Confederate States; and
Whereas the State of Virginia has seceded from the Federal Union and entered into a convention of alliance, offensive and defensive, with the Confederate States, and has adopted the Provisional Constitution of the said States; and
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Whereas the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas, and Missouri have refused, and it is believed that the State of Delaware and the inhabitants of the Territories of Arizona and New Mexico, and the Indian Territory, south of Kansas, will refuse to cooperate with the Government of the United States in these acts of hostilities and wanton aggression, which are plainly intended to overawe, oppress, and finally subjugate the people of the Confederate States; and
Whereas by the acts and means aforesaid, war exists between the Confederate States and the Government of the United States and the States and Territories thereof, except the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas, Missouri, and Delaware, and the Territories of Arizona and New Mexico, and the Indian Territory, south of Kansas: Therefore.
Mr. Rhett demanded the question on ordering the bill to be engrossed for a third reading; which was seconded, and the bill was ordered to be engrossed.
The bill was then read the third time and passed.
Mr. Waul, on the passage of the bill, at the instance of the State of Texas, called for the yeas and nays of the entire body; which were taken and recorded as follows:
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
A resolution to extend the provisions of a resolution approved March 4, 1861; also
An act providing for a regiment of zouaves in the Army of the Confederate States.
Mr. Chesnut offered the following resolution; which was agreed to:
Resolved, That it be referred to the Committee on Naval Affairs to inquire into and report upon the expediency of sending naval agents to Europe to purchase small and swift steamers, well armed, for the purpose of defending the coast of the Confederate States.
A message was received from the President that he had approved and signed
An act to provide for the appointment of chaplains in the Army.
On motion of Mr. Rhett,
Congress adjourned until 12 o'clock to-morrow.
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