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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, May 6, 1861.
OPEN SESSION.
Congress met pursuant to adjournment.
Prayer was offered by the Rev. Dr. Manly.
The Chair laid before Congress a communication from J. Patton Anderson; which, on motion of Mr. Morton, was ordered to be spread on the Journal. It is as follows:
Near Pensacola, Fla., May 1, 1861.
Hon. Howell Cobb,
President, etc., Montgomery, Ala.
Sir: On the 8th April last I addressed to you a communication formally resigning the seat in the body over which you preside, which I had the honor of holding from the State of Florida. I have this day learned that up to a late date that communication had not been received. I desire therefore to repeat its tenor as I have indicated. The new relations I have voluntarily assumed with another branch of the Government render this course proper, that a successor may supply my place in the Congress.
With many of the liveliest and most pleasing recollections of my brief association with the memorable body over which you so worthily preside, and with sentiments of the highest regards for yourself personally,
I am, sir, very respectfully, your obedient servant,
J. PATTON ANDERSON.
Mr. Curry introduced
A bill to fix the time for the election of Representatives to Congress and the time for the assembling of the Congress;
which was read first and second times and referred to the Committee on Judiciary.
Mr. Curry also introduced
A bill to provide for the election of President and Vice-President; which was read first and second times and referred to the Committee on Judiciary.
Mr. Morton presented a memorial from the president of the Pensacola and Georgia Railroad Company; which was referred to the Committee on Finance.
Congress then 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 resolutions:
Resolved, That the Committee on Finance be instructed to inquire into the expediency of adopting a system of finance based on the following propositions:
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The resolutions were agreed to.
Mr. Cobb offered the following resolution; which was adopted:
Resolved, That the Committee on Finance be requested to inquire into the propriety of exempting from the present act imposing duties on imports all goods brought into the Confederate States from the States of Virginia, Maryland, North Carolina, Tennessee, and Arkansas, and report by bill.
Mr. Chilton, from the Committee on Postal Affairs, reported
A bill to establish and organize a bureau in connection with the Department of the Treasury for the Post-Office Department;
which was read a first and second time, placed on the Calendar, and ordered to be printed.
Mr. Chilton, from the same committee, also reported
A bill to amend an act vesting certain powers in the Postmaster-General, approved March 15, 1861;
which was read a first and second time, ordered to be placed on the Calendar, and to be printed.
On motion of Mr. Nisbet, the special order was postponed for the time and Congress proceeded to the consideration of
A bill to approve and ratify the convention and agreement entered into between the Commonwealth of Virginia and the Confederate States of America.
The bill was engrossed, read a third time, and passed.
On motion of Mr. Cobb,
The bill to define the jurisdiction of the Federal courts in certain cases; and
A bill to prohibit the introduction of slaves from any State not a member of this Confederacy
were transferred from the Public to the Secret Calendar.
On motion of Mr. Clayton, the following bill was also transferred from the Public to the Secret Calendar, to wit:
A bill to establish a court of admiralty and maritime jurisdiction in the State of Mississippi for the counties lying on the Mississippi River in said State.
Mr. Perkins, from the Committee on Foreign Affairs, to which was recommitted the bill relative to telegraphic lines in the Confederate States, and amendments, reported a substitute; which was ordered to be printed.
Mr. Bartow, from the Committee on Military Affairs, to which was referred a bill to provide for the manufacture of powder for the Confederate States, reported the same back without amendment, with a recommendation that it do pass.
The bill was placed on the Calendar.
Mr. Bartow, from the same committee, to which was referred a bill relative to invalid pensions, reported the same back with all the bill excepting the title and the first section thereof stricken out.
The report was ordered to be placed on the Calendar and to be printed.
Mr. Bartow, from the same committee, to which was referred a bill further to provide for the public defense, reported a substitute, with a
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recommendation that it be read for information during the consideration of the bill by the same title on the Calendar.
Mr. Memminger offered the following resolution; which was agreed to, viz:
Resolved, That a committee on pay and mileage, to consist of three members, shall be appointed, who shall be charged with the duty of certifying the pay and mileage due to each member of Congress; and that the warrant of the President of Congress upon such certificate shall authorize the Treasurer of the Confederate States to pay the same.
The Chair appointed Messrs. Campbell, Davis, and Ochiltree.
Congress then proceeded to the consideration of the special order, it being
A bill to raise an additional military force to serve during the war.
Mr. Wright offered the following amendment as a substitute, to wit:
An act to make further provision for the public defense.
Whereas the Confederate States of America are menaced with war and an invasion of their territory; and
Whereas the public welfare may require the reception of volunteer forces into the service of the Confederate States, without the formality and delay of a call upon the respective States:
On motion of Mr. Stephens, the further consideration of the bill was postponed until to-morrow, and to remain the special order. It was further ordered that the amendments to the bill be printed.
A message was received from the President that he had approved and signed
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; also
An act recognizing the existence of war between the United States and the Confederate States; and concerning letters of marque, prizes, and prize goods.
The following message was also received from the President, viz:
To the Congress of the Confederate States:
I lay before the Congress, for their consideration and advice as to its ratification, a copy of the convention between the Confederate States and the Commonwealth of Virginia, which was signed at the city of Richmond on the 24th day of April, 1861, by the Hon. Alexander H. Stephens on the part of the Confederate States, and by commissioners appointed for that purpose on the part of the State of Virginia.
While performing this act I congratulate the Congress and the people of the Confederate States upon the conclusion of this alliance, by which the great and powerful State of Virginia has made common cause with us and joined her energies and resources to ours, for our common defense, against the unprovoked war of aggression which the Chief Magistrate of the United States has declared against us.
JEFFERSON DAVIS.
Montgomery, May 6, 1861.
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The following is a copy of the convention referred to:
Convention between the Commonwealth of Virginia and the Confederate States of America.
The Commonwealth of Virginia, looking to a speedy union of said Commonwealth and the other slave States with the Confederate States of America, according to the provisions of the Constitution for the Provisional Government of said States, enters into the following temporary convention and agreement with said States for the purpose of meeting pressing exigencies affecting the common rights, interests, and safety of said Commonwealth and said Confederacy:
This convention entered into and agreed to in the city of Richmond, Va., on the 24th day of April, 1861, by Alexander H. Stephens, the duly authorized commissioner to act in the matter for the said Confederate States, and John Tyler, William Ballard Preston, Samuel McD. Moore, James P. Holcombe, James C. Bruce, and Lewis E. Harvie, parties duly authorized to act in like manner for said Commonwealth of Virginia, the whole subject to the approval and ratification of the proper authorities of both governments, respectively.
In testimony whereof the parties aforesaid have hereunto set their hands and seals the day and year aforesaid, and at the place aforesaid, in duplicate originals.
Committee of the Convention.
Be it ordained by this convention, That the convention entered into on the 24th of April, 1861, between Alexander H. Stephens, commissioner of the Confederate States, and John Tyler, William Ballard Preston, S. McD. Moore, James P. Holcombe, James C. Bruce, and Lewis E. Harvie, commissioners of Virginia, for a temporary union of Virginia with said Confederate States, under the Provisional Government adopted by said Confederate States, be, and the same is hereby, ratified and confirmed on the terms agreed upon by said commissioners.
Adopted by the convention of Virginia, April 25, 1861.
JOHN JANNEY, President.
Jno. L. Eubank, Secretary.
Congress having had under consideration and taken action touching the matter of said convention, on motion of Mr. Rhett, the message of the President and accompanying papers were laid on the table.
On motion of Mr. Stephens,
Congress adjourned until to-morrow 12 o'clock.
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EXECUTIVE SESSION.
The Congress having gone into executive session,
Mr. Clayton, from the Committee on the Judiciary, to which was referred the nominations sent into the Congress by the President on the 4th day of this month, as also the suggestion of the Attorney-General in regard to the correction of a clerical error, whereby the name of "Andrew Gordon Magrath," appointed district judge of South Carolina, was written "Alexander Gordon Magrath," made the following report:
The Committee on the Judiciary, to which was referred the nominations sent into the Congress by the President, at the instance of the Attorney-General, on the 4th day of this month, beg leave to report that they have considered the said nominations, and return the same to the Congress, recommending that the Congress advise and consent to the same; and they further recommend as to the suggestion of the Attorney-General in relation to the clerical error in the writing of the name of the district judge of South Carolina, that the same be corrected and that the name of the said judge be made to appear on the Journal of Congress as "Andrew Gordon Magrath."
The question was,
Shall the Congress concur in the report, and advise and consent to the nominations referred to therein?
Mr. Ochiltree moved to lay so much of the report as recommends that the Congress advise and consent to the appointment of Henry E. McCulloch as marshal of the district of Texas on the table; which motion prevailed.
The question recurred,
Shall the Congress concur in the report as modified, and advise and consent to the nominations therein recommended?
And the Congress did thereupon unanimously concur in the said report, and advise and consent to each of the several nominations referred to therein, except that of Henry E. McCulloch, as marshal of the district of Texas.
The following message and accompanying documents were received from the President of the Confederate States:
To the Congress of the Confederate States:
I lay before the Congress, for their consideration and advice as to its ratification, a convention between the Confederate States and the Commonwealth of Virginia, which was signed at the city of Richmond on the 24th day of April, 1861, by the Hon. Alexander H. Stephens on the part of the Confederate States, and by commissioners appointed for that purpose on the part of the State of Virginia.
While performing this act I congratulate the Congress and the people of the Confederate States upon the conclusion of this alliance, by which the great and powerful State of Virginia has made common cause with us and joined her energies and resources to ours, for our common defense, against the unprovoked war of aggression which the Chief Magistrate of the United States has declared against us.
JEFFERSON DAVIS.
Montgomery, May 6, 1861.
Convention between the Commonwealth of Virginia and the Confederate States of America.
The Commonwealth of Virginia, looking to a speedy union of said Commonwealth and the other slave States with the Confederate States of America, according to the propositions [provisions] of the Constitution for the Provisional Government of said States, enters into the following temporary convention and agreement with the said States for the purpose of meeting pressing exigencies affecting the common rights, interests, and safety of said Commonwealth and said Confederacy:
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This convention entered into and agreed to in the city of Richmond, Va., on the 24th of April, 1861, by Alexander H. Stephens, the duly authorized commissioner to act in the matter for the said Confederate States, and John Tyler, William [Ballard] Preston, Samuel McD. Moore, James P. Holcombe, James C. Bruce, and Lewis E. Harvie, parties duly authorized to act in like manner for said Commonwealth of Virginia, the whole subject to the approval and ratification of the proper authorities of both governments, respectively.
In testimony whereof the parties aforesaid have hereto set their hands and seals the day and year aforesaid, in duplicate originals.
Commissioners for Virginia.
An ordinance for the adoption of the Constitution of the Provisional Government of the Confederate States of America.
We, the delegates of the people of Virginia, in convention assembled, solemnly impressed by the perils which surround the Commonwealth, and appealing to the Searcher of hearts for the rectitude of our intentions in assuming the grave responsibility of this act, do, by this ordinance, adopt and ratify the Constitution of the Provisional Government of the Confederate States of America, ordained and established at Montgomery, Ala., on the 8th day of February, 1861: Provided, That this ordinance shall cease to have any legal operation or effect if the people of this Commonwealth, upon the vote directed to be taken on the ordinance of secession passed by this Commonwealth on the 17th day of April, 1861, shall reject the same.
Mr.offered the following resolution:
A resolution to ratify the agreement and convention entered into between the Commonwealth of Virginia and the Confederate States of America.
Resolved by the Congress of the Confederate States of America (two-thirds of the Congress concurring therein), That the Congress advises and consents to the ratification of the convention and agreement entered into on the twenty-fourth day of April, eighteen hundred and sixty-one, at Richmond, Virginia, between the Commonwealth of Virginia, by her commissioners, and the Confederate States of America, by their commissioner, the Honorable Alexander H. Stephens.
The question was on the adoption of the resolution; and
The same being put,
The resolution was adopted by the unanimous vote of the Congress.
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