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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 --SATURDAY, May 4, 1861.
OPEN SESSION.
Congress met pursuant to adjournment.
Prayer being offered, and there being no business on the Public Calendar, Congress went into secret session; and after remaining some time therein, adjourned until 12 o'clock Monday next.
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SECRET SESSION.
Congress having gone into secret session,
Mr. Ward presented a memorial from Robert Gamble, jr., relative to a floating fort for the defense of harbors and the defense of mouths of rivers; which was referred to the Committee on Naval Affairs.
Mr. Ward offered the following resolution:
Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of adopting immediate measures to induce the manufacture of powder and of arms proper to the different branches of the military service within the States of this Confederacy and also in the slaveholding States, and that they report by bill or otherwise;
which was adopted.
Mr. Ward also offered the following resolution; which was agreed to, viz:
Resolved, That the Secretary of War be requested to inform this House if any measures have been taken to promote and induce manufactories of arms and of powder within the States of this Confederacy or elsewhere, and also to recommend to the House any action which he may deem expedient on the part of Congress to promote this object.
Mr. Rhett, from the Committee on Foreign Affairs, reported
A bill regulating the sale of prizes and the distribution thereof; which was read a first and second time and, on motion of Mr. Smith, ordered to be placed on the Calendar and to be printed.
Mr. Wright offered the following resolution; which was agreed to, viz:
Resolved by the Congress of the Confederate States, That the Committee on Naval Affairs be directed to inquire into the expediency of authorizing the Secretary of the Navy, with the advice and consent of the President, to employ a suitable agent to proceed to Europe to purchase, of practicable, with bonds of the Confederate States, such war vessels as have been heretofore authorized to be purchased or built, and such additional war vessels, not to exceed ten million dollars in cost, as they may deem necessary for the public service.
Mr. Perkins offered the following resolution:
Resolved, That the members of the Cabinet of the Confederate States not members of Congress have the privilege of discussing any measures appertaining to their respective Departments.
Mr. Perkins demanded thereon the question.
The demand was sustained, and the resolution was agreed to, the States voting as follows:
Yea: Alabama, Georgia, Mississippi, and Texas.
Nay: Florida and South Carolina.
Louisiana divided.
Mr. Chesnut offered the following resolution; which was agreed to, viz:
Resolved, That it be referred to the Committee on Military Affairs to inquire into and report upon the propriety of authorizing the Secretary of War at once to cause the First and Second Regiments of South Carolina Volunteers, now in Virginia, to be mustered into the service of the Confederate States upon the conditions proposed by the governor of South Carolina, and accepted by the Secretary of War when the said regiments were suddenly ordered to Virginia.
Mr. Hemphill introduced
A bill relative to invalid pensions;
which was referred to the Committee on Military Affairs.
Mr. Nisbet, from the Committee on Foreign Affairs, reported.
A bill to approve and ratify the convention and agreement entered
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into between the Commonwealth of Virginia and the Confederate States of America;
which was read a first and second time and ordered to be placed on the Calendar.
Mr. Chilton introduced
A bill to provide for the manufacture of powder for the Confederate States of America;
which was referred to the Committee on Military Affairs.
Congress then proceeded to the consideration of a bill relative to telegraph lines in the Confederate States, as modified by the Committee on Foreign Affairs.
Mr. Smith offered the following as a substitute for the bill, to wit:
A bill relative to telegraph lines in the Confederate States.
Mr. Clayton offered the following as a substitute for the substitute offered by Mr. Smith, viz:
A bill relative to telegraphic lines in the Confederate States.
That all the stock in any telegraph company doing business within the Confederate States owned by any citizen of any State at war with the States of this Confederacy be, and the same is hereby, confiscated to the use of the Confederate States.
On motion of Mr. Hale, both of the substitutes were laid on the table.
Mr. Smith moved that the further consideration of the bill be postponed and that the bill as modified by the committee, together with the amendments offered, be printed.
The motion was lost.
Mr. Withers offered the following as a substitute for the bill, viz:
A bill in relation to telegraphic lines, etc.
The Congress of the Confederate States of America do enact, That to prevent the use of any telegraphic line within the Confederate States for purposes injurious to the interests and safety of these States while engaged in war, the President, as Commander in
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Chief of the forces of these States, shall be, and he is hereby, empowered to exercise such supervision over the use of such lines of telegraph as from time to time he may deem the object herein expressed may demand.
Mr. Perkins demanded thereon the question; which was seconded.
On motion of Mr. Campbell, at the instance of the State of Mississippi, the vote just taken by which the demand for the question was seconded was reconsidered.
Mr. Harris then offered the following as a substitute for the substitute offered by Mr. Withers, to wit:
The Congress of the Confederate States of America do enact, That during the existing war the President be, and he is hereby, authorized and empowered to take such control of such of the lines of telegraph in the Confederate States and of such as will enable him or the officers connected therewith effectually to supervise the communications passing through the same, to the end that no communications shall be conveyed of the military operations of the Government to endanger the success of such operations or communications which may injuriously affect the public welfare.
On motion of Mr. Perkins, the bill, together with the amendments offered, was recommitted to the Committee on Foreign Affairs.
The next regular order being
A bill to raise an additional military force, etc.,
On motion of Mr. Bartow, the same was made the special order for Monday next.
Further regular orders were postponed for the time, and Mr. Crawford, from the Committee on Accounts, offered the following resolution:
Resolved, That the Clerk of this Congress be authorized to furnish each member withdollars' worth of stationery.
On motion of Mr. Conrad, the blank was filled with the word "five," and the resolution was agreed to.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act recognizing the existence of war between the United States
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and the Confederate States; and concerning letters of marque, prizes, and prize goods.
A message was received from the President that he had approved and signed
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.
On motion of Mr. Morton,
Congress adjourned until 12 o'clock on Monday next.
EXECUTIVE SESSION.
The Congress having gone into executive session, the following communication was received from the President:
Executive Department, May 4, 1861.
Hon. Howell Cobb,
President of the Congress:
I herewith transmit, for the advice and consent of the Congress, the inclosed nominations of officers, appointed during the recess of Congress.
JEFFERSON DAVIS.
Department of Justice,
Montgomery, April 29, 1861.
To the President.
Sir: The following are the appointments to office made in this Department during the recess of Congress, and which are required to be submitted for its advice and consent, under the Constitution and the act of March 16, 1861:
Wade Keyes, of Montgomery, to be Assistant Attorney-General.
George E. W. Nelson, of Augusta, Ga., to be Superintendent of Public Printing.
Edwin Warren Moise, of Louisiana, to be judge of the district of Louisiana, to fill the vacancy occasioned by the refusal of Thomas J. Semmes to accept the appointment.
Elias E. Blackburn, of Florida, to be marshal of the district of Florida.
Fernando J. Moreno, of Florida, to be marshal of the admiralty court at Key West.
Daniel H. Hamilton, of Charleston, S. C., to be marshal of the district of South Carolina.
Henry E. McCulloch, of Galveston, Tex., to be marshal of the district of Texas.
Benjamin Pattison, of Huntsville, Ala., to be marshal of the district of Alabama.
William H. H. Tison, of Baldwin, Miss., to be marshal of the district of Mississippi.
Constantine B. Beverly, of New Orleans, to be marshal of the district of Louisiana.
Thomas L. Ross, of Macon, Ga., to be marshal of the district of Georgia.
D. P. Holland, of Apalachicola, to be district attorney for the district of Florida.
John L. Tatum, of Key West, Fla., to be attorney for the court of admiralty at Key West.
George Mason, of Galveston, Tex., to be district attorney for the district of Texas.
Carnot Posey, of Woodville, Miss., to be district attorney for the district of Mississippi.
James Conner, of Charleston, to be district attorney for the district of South Carolina.
Henry C. Miller, of New Orleans, to be district attorney for the district of Louisiana.
A. J. Requier, of Mobile, to be district attorney for the district of Alabama.
Hamilton Cooper, of Savannah, to be district attorney for the district of Georgia.
I beg to suggest that you also ask the approval of Congress to the correction made of the clerical error in the name of the district judge of South Carolina. A commission was issued to "Andrew Gordon Magrath," which is the true name of the gentleman who was confirmed by the Congress at the last session, but whose name was by mistake written "Alexander Gordon Magrath."a
[Note a: a Name corrected on p. 153.]
Respectfully, your obedient servant,
J. P. BENJAMIN.
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On motion of Mr. Clayton, the nominations sent in by the President, hereinbefore set forth, were referred to the Committee on the Judiciary.
There being no further business in executive session, Congress resumed business in ordinary session.
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