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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 --TUESDAY, May 7, 1861.
OPEN SESSION.
Congress met pursuant to adjournment, and prayer was offered by the Rev. Mr. Cobbs.
Mr. Brooke presented the following ordinance adopted by the convention of Virginia, viz:
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 convention on the 17th day of April, 1861, shall reject the same.
Adopted by the convention of Virginia, April 25, 1861.
JOHN JANNEY, President.
Attest:
Jno. L. Eubank, Secretary.
In pursuance of a resolution adopted by the convention on the 29th day of April, 1861, Robert M. T. Hunter, William C. Rives, John W. Brockenbrough, Waller R. Staples, and Gideon D. Camden were elected to represent the State of Virginia in the Congress of the Confederate States; and by a resolution adopted by the convention on the 1st day of May, 1861, the said Representatives were instructed to proceed as soon as possible to Montgomery and ask admission for this State into said Confederacy.
JOHN JANNEY, President.
Attest:
Jno. L. Eubank, Secretary.
Virginia, to wit:
I, John Letcher, governor of the State aforesaid, do hereby certify and make known unto all whom it may concern that the foregoing documents are true copies of an ordinance and of the proceedings of the convention of the Commonwealth of Virginia on the days above specified, and that to the same full faith, credit, and authority are due and ought to be given. In testimony whereof I have subscribed my name and caused the great seal of the State to be affixed hereunto.
Done at the city of Richmond the 2d day of May, in the year of our Lord 1861, and of the Commonwealth the eighty-fifth.
JOHN LETCHER.
By the governor:
George W. Munford,
Secretary of Commonwealth.
Mr. Brooke announced that John W. Brockenbrough and Waller R. Staples, two of the Delegates from Virginia, were present;
When,
On motion of Mr. Rhett, the Delegates from Virginia were invited to attend the Congress in secret session.
Congress then resolved itself 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,
On motion of Mr. Nisbet, at the instance of the State of Georgia, the bill to approve and ratify the convention and agreement entered into between the Commonwealth of Virginia and the Confederate States of America was reconsidered.
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The bill was taken up for consideration.
Mr. Nisbet offered as a substitute therefor the following resolution, viz:
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 motion prevailed.
The resolution was engrossed, read a third time, and unanimously adopted.
Mr. Stephens introduced
A bill to admit the Commonwealth of Virginia as a member of the Confederate States of America;
which was read a first and second time, engrossed, read a third time, and passed.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
A resolution to ratify the agreement and convention entered into between the Commonwealth of Virginia and the Confederate States of America; and
A bill to admit the Commonwealth of Virginia as a member of the Confederate States of America.
Mr. John W. Brockenbrough and Mr. Waller R. Staples, Delegates from the State of Virginia, appeared, were qualified, and took their seats.
Mr. Harris presented communications, resolutions, etc., from the Choctaw and Chickasaw tribes of Indians; which were referred to the Committee on Indian Affairs.
Mr. Shorter, from the Committee to Arrange for Government Buildings, reported relative to the renting of certain houses for the use of the Confederate States; which was referred, together with accompanying papers, to the Committee on Finance.
Mr. Shorter, from the same committee, also presented certain accounts against the Confederate States; which were referred to the Committee on Accounts.
Mr. Toombs, from the Committee on Finance, reported
A bill in relation to the Confederate loan;
which was ordered on the Calendar and to be printed.
Mr. Clayton, from the Committee on Judiciary, reported
A bill to prescribe uniform rules of naturalization;
which was ordered to be placed on the Calendar and to be printed.
Mr. Oldham, from the Committee on Judiciary, made a minority report and submitted a substitute for the bill
To prescribe uniform rules of naturalization;
which was ordered to be printed.
Mr. Bartow, from the Committee on Military Affairs, made the following report:
The Committee on Military Affairs, to whom was referred a resolution of inquiry 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
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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, have considered the same, and ask leave to report that in their opinion it is inexpedient to depart from the rules prescribed by existing laws and give instruction to the Secretary of War for his action in particular cases, and that it will become extremely embarrassing to the service to make discriminations in favor of particular regiments or companies of volunteers.
The report was agreed to.
Mr. Bartow, from the same committee, reported the following resolution:
Resolved, That the Secretary of War be authorized to purchase for distribution ten thousand copies of a revised edition of Hardee's Infantry Tactics: Provided, That the cost of the same shall not exceed one dollar a copy.
Mr. Oldham moved to amend the resolution by striking therefrom the proviso.
Mr. Curry moved to postpone the consideration of the resolution indefinitely, and thereon demanded the question; which was seconded, and the motion prevailed.
Mr. Brooke, from the Committee on Patents, reported
A bill to secure copyrights to authors and composers;
which was placed on the Calendar.
Mr. Ochiltree introduced
A bill to authorize the President to appoint an officer to take command on the coast of Texas on special duty, and to provide for his pay and emolument;
which was referred to the Committee on Naval Affairs.
Mr. Chilton, from the Committee on Postal Affairs, reported
A bill to amend an act to prescribe the rates of postage in the Confederate States of America, and for other purposes, approved February 23, 1861;
which was ordered to be placed on the Calendar and to be printed.
Mr. Chilton, from the same committee, also reported
A bill to amend an act entitled "An act further to provide for the organization of the Post-Office Department," approved March 9, 1861; which was placed on the Calendar and ordered to be printed.
Mr. Bartow, from the Committee on Military Affairs, presented a report made to said committee by J. Gorgas, major and chief of ordnance; which was ordered to be printed.
Mr. Conrad introduced
A bill to define the limits of the port of New Orleans, and for other purposes;
which was referred to the Committee on Commercial Affairs.
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.
The first section being as follows:
The Congress of the Confederate States of America do enact, That in addition to the volunteer force authorized to be raised under existing laws, the President be, and he is hereby, authorized to accept the services of volunteers who may offer their services, either as cavalry, mounted riflemen, artillery, or infantry, in such proportion of their several arms as he may deem expedient, to serve for and during the existing war, unless sooner discharged.
Mr. Ward offered the following amendment, viz:
Provided, That if the State to which such volunteers belong be one of the Confederate States, the tender of their services shall be made through the governor thereof, and approved by him.
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Mr. Kenan moved to lay the same on the table, and thereon Mr. Kenner demanded the question; which was seconded, and the motion prevailed.
Mr. Kenan offered the following amendment, viz:
That the President shall have the power to accept of all troops tendered with a qualification as to the time of their being ordered into the public service.
Mr. Harris moved to amend the section by inserting after the word "services," where it last occurs, the words "without regard to the place of enlistment;" which was agreed to.
Mr. Clayton moved to amend by inserting after the word "war" the words "or for such shorter period as he may deem proper."
Mr. Campbell moved to amend the section by inserting after the words "to serve for" the words "the term of two years or for any greater time or for."
Mr. Kenner thereon demanded the question.
The demand was sustained, and the motion was lost.
Mr. Chesnut demanded the question on Mr. Clayton's motion to amend; which was seconded, and the same was lost.
Mr. Hale demanded the question on Mr. Kenan's motion to amend.
The demand was sustained, and the motion to amend was lost.
The second section being as follows:
On motion of Mr. Bartow, the same was amended by inserting after the word "field" the words "and staff," and by substituting the word "but" for the word "and," where it first occurs, and by striking out the words "and when," where they last occur, and inserting in lieu thereof the words "and if accepted, the officers."
Mr. Crawford moved to amend the section by striking therefrom the last sentence and inserting in lieu thereof the following, to wit:
The officers shall be elected by the men composing the companies, squadrons, battalions, and regiments, respectively, and when so elected shall be commissioned by the President: Provided, however, That the President may in his discretion appoint the field and staff officers to regiments of volunteers from States or Territories not members of or belonging to this Confederacy.
The motion was lost, and Mr. Ochiltree, at the instance of the State of Texas, called for the yeas and nays of the entire body, and which are as follows:
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The section as amended is as follows:
Mr. Cobb offered the following as a separate section, to be section 3, to wit:
Be it further enacted, That any vacancies occurring in the ranks of the several companies mustered into service under the provisions of this act, may be filled by volunteers accepted under the rules of such companies; and any vacancies occurring in the officers of such companies shall be filled by elections in accordance with the same rules.
The motion was agreed to.
Mr. Wright withdrew his substitute.
The bill as amended was engrossed, read a third time, and passed.
Congress proceeded to the consideration of a bill to make further provision for the public defense, by sections;
When,
On motion of Mr. Morton, the further consideration of the bill was postponed.
Mr. Cobb move that the hour of 11 o'clock a. m. be fixed for the daily assembling of Congress.
The motion was lost.
Mr. Brockenbrough presented the following resolution and certificate; which were referred to the Committee on Military Affairs, viz:
Resolved, That the representatives of Virginia to the Congress of the Confederate States be, and they are hereby, instructed to urge the speedy adoption of measures for the procurement of arms from Europe for the Southern States.
Executive Department,
Richmond, Va., May 2, 1861.
I hereby certify that the foregoing is a true copy of a resolution adopted by the convention of Virginia on the 1st day of May, 1861.
GEORGE W. MUNFORD,
Secretary of the Commonwealth.
On motion of Mr. Morton,
Congress adjourned until 12 o'clock to-morrow.
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