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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 --THURSDAY, May 9, 1861.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
THURSDAY, May 9, 1861.

OPEN SESSION.

Congress met pursuant to adjournment.

Mr. Wright presented a communication from Pleasant Stovall; which, without being read, was referred to the Committee on Military Affairs.

There being no business on the Public Calendar, 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. Harris offered the following resolutions, viz:

Resolved, That the Committee on Military Affairs be instructed to consider at once the propriety of establishing four principal military districts, two embracing the seaboard, one the States on the Mississippi River, and one embracing the States of Virginia and North Carolina, when the latter shall have joined this Confederacy.

Resolved further, That the committee consider the propriety of directing the appointing of general officers to be placed in command of these districts, with a view to the effectual organization of the same for defense.

Resolved further, That the committee consider the propriety of establishing military camps for organization and instruction and for the assembling of volunteers offering their services into such encampments, and report by bill or otherwise;
which were agreed to.

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

An act to amend an act vesting certain powers in the Postmaster-General, approved March 15, 1861.

Mr. Cobb offered the following resolutions; which were referred to the Committee on Foreign Affairs, viz:

Whereas the Government of the Confederate States has been compelled to meet with arms the threatened invasion of their territory and blockade of their ports; and

Whereas the Government of the United States, with studied and persistent misrepresentation, endeavors to conceal its purpose of subjugating this people under the false imputation of aggressive intentions never entertained by these States; and

Whereas, under these circumstances, it is proper to make known clearly and definitely the object and policy of this Government: Therefore,

Resolved by the Congress of the Confederate States, That while it is absolutely necessary in the conduct of a military campaign to leave much to the discretion of the Commander in Chief, as pressing events may develop or modify a strategic policy, yet the leading purpose of this Government is to meet and repel any invasion of the territory of the States forming or which may form this Confederacy, and by the destruction of the commerce of our enemies on the high seas to compel them to desist from the unlawful seizure of our property or the attempted blockade of our ports.

(2) Resolved, That we recognize the right of any one of the States constituting the United States to withdraw from that political union, and at the same time resume jurisdiction over any portion of its territory which may have been ceded to that Government for the purposes of that union, and that it is the right and duty of the Confederate States to assist such State when incorporated into this Confederacy, in retaking any such territory thus unlawfully occupied by the Government of the United States.

Mr. Curry offered the following resolution, viz:

Resolved, That the Committee on Constitution be requested to inquire into the expediency of an amendment to the Constitution authorizing the Vice-President to act as, and discharge the duties of, the President, when that officer shall consider that the public defense requires his absence from the seat of government.

Resolved, That it is in the judgment of this Congress the President, as soon as the public convenience will justify it, should take command in person of the Army of the Confederate States.

On motion of Mr. Keitt, the resolutions were referred to the Committee on Constitution.

Mr. Keitt presented certain papers of R. W. Habersham, of South Carolina, touching a new artillery saber and asking that it may be tested; which was referred to the Committee on Military Affairs, without being read.

Mr. Perkins, from the Committee on Foreign Affairs, reported

A bill to permit certain articles of property to be brought into the Confederate States;
which was, on motion of Mr. Barnwell, referred to the Committee on Finance.

Mr. Kenner, from the Committee on Finance, to whom was referred a bill to suspend the operations of the mints, reported the same to the Congress without amendment, and recommended its passage.

The bill, on motion of Mr. Kenner, was taken up for consideration.

On motion of Mr. Wright, the bill was postponed for the present and placed on the Calendar.

Mr. Hemphill, from the Committee on Finance, to whom was referred the bill to authorize the transfer of appropriations, reported the same back to Congress without amendment, and recommended its passage.

The bill was ordered to be printed and placed on the Calendar.

Mr. Bartow, from the Committee on Military Affairs, to whom was

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referred the communication of the Secretary of War in reference to the manufacture of arms and powder, reported resolutions conferring certain powers on the Secretary of War, under the direction of the President, in relation to arms and materials for gunpowder.

The resolutions were taken up, read a first and second time, engrossed, read a third time, and agreed to.

Mr. Campbell, from the Committee on Pay and Mileage, reported

A bill to amend an act entitled "An act to fix the pay of members of the Congress of the Confederate States of America," approved March 11, 1861;
which was read the first and second times, and being before Congress for action, Mr. Waul moved to amend the same by striking out in the words "each member shall be allowed ten cents per mile for coming to and ten cents per mile for returning from the place where Congress may assemble" the word "ten," where it occurred, and inserting in lieu thereof the word "twenty."

Mr. Wigfall moved to amend the amendment by striking out the word "twenty," where it occurred, and inserting in lieu thereof the word "forty."

Mr. Perkins demanded the question; which was seconded, and the motion was lost.

The question recurring on the motion of Mr. Waul, Mr. Perkins demanded the question; which was seconded, and the motion prevailed.

Mr. Chesnut moved to postpone the bill indefinitely.

Mr. Crawford demanded the question; which was seconded, and the motion was lost.

The bill was engrossed and read the third time, and on the question of the passage of the bill, Mr. Perkins demanded the question; which was seconded, and the vote thereon, being taken by States, is as follows, viz:

Yea: Louisiana, Mississippi, Texas, and Virginia.

Nay: Alabama, Florida, Georgia, and South Carolina.

The bill was lost.

The following message was received from the President, through his Private Secretary, Mr. Josselyn:

Mr. President: The President on yesterday approved and signed

An act to raise an additional military force to serve during the war.

And this day approved and signed

An act to amend an act vesting certain powers in the Postmaster-General, approved March 15, 1861.

Mr. Josselyn also presented to Congress a communication in writing from the President; which is as follows:

Executive Department, Montgomery, May 9, 1861.

Hon. Howell Cobb,
President of the Congress.

Sir: I herewith transmit to the Congress a communication from the Secretary of War covering the report of operations in the reduction of Fort Sumter, together with the flag used on that occasion.

JEFFERSON DAVIS.
which was referred, with the accompanying documents, to the Committee on Military Affairs.

Mr. Conrad, from the Committee on Naval Affairs, reported

A bill to authorize the purchase or construction of certain vessels of war;

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which was read the first and second times and ordered to be placed on the Calendar.

Congress proceeded to the consideration of the special order of the day, a resolution in regard to the military expenditures made by the State of South Carolina; which was engrossed, read a third time, and agreed to.

Mr. Chesnut, from the Committee on Naval Affairs, reported

A bill to make appropriation for bringing [buying] 200 rifle cannon, 5 small steam propellers, and for providing sufficient crews and munitions for the same;
which was read the first and second times and ordered to be placed on the Calendar.

Congress took up for consideration

A bill relative to telegraph lines of the Confederate States.

The question being on the amendment reported by the Committee on Foreign Affairs, which was to strike out all of said bill after the enacting clause, and substituting in lieu thereof the following, namely:

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 of the offices connected therewith, as will enable him 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, nor any communication calculated to injure the cause of the Confederate States, or to give aid and comfort to their enemies.

• Sec. 2. The President shall appoint trustworthy agents in such offices, and at such points on the various lines, as he may think fit, whose duty it shall be to supervise all communications sent or passing through said lines, and to prevent the transmission of any communications deemed to be detrimental to the public service.
• Sec. 3. In case the owners and managers of said lines shall refuse to permit such suspension, or shall fail or refuse to keep up and continue the business on said lines, the President is hereby empowered to take possession of the same for the purposes aforesaid.
• Sec. 4. The President shall, from time to time, issue instructions to the agents so appointed, and to the operators of the various lines, to regulate the transmission of communications touching the operations of the Government, or calculated to affect the public welfare.
• Sec. 5. That in cases where the operators of the lines shall be found to be of sufficient capacity and fidelity, the President may constitute them the agents of the Government, so that in this, as in all other respects, there may be as little interference with the business and management of such lines as may be compatible with the public interest.
• Sec. 6. That the compensation of the agents appointed under this act, where such agents are not officers of the company, and the expense attending the execution of the provisions of this act, shall be paid out of the Treasury.
• Sec. 7. That no communications in cypher, nor enigmatical, or other doubtful communication shall be transmitted unless the person sending the same shall be known to the agent of the Government to be trustworthy, nor until the real purport of such communication shall be explained to such agent.
• Sec. 8. That the President is hereby authorized, whenever it may be found necessary or advisable for the successful prosecution of the war, to extend existing lines of telegraph or make connections between the same, the expense of constructing such additional lines to be paid out of any money in the Treasury not otherwise appropriated.
• Sec. 9. That all present and future officers of the telegraphic lines engaged in receiving and transmitting intelligence within the Confederate States shall, as soon as practicable after the passage of this act, or after their appointment, take and subscribe before any judicial officer of any one of the Confederate States the following oath:

  "I, A B, do solemnly swear that I will support and maintain the Constitution of the Confederate States of America, and will not knowingly, directly or indirectly, transmit through the telegraph any communication or information calculated to injure the cause of the Confederate States, or to give aid and comfort to their enemies."

• Sec. 10. That if any person shall knowingly send or transmit any message or communication

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  touching the military operations of the Government, without the same being first submitted to the inspection of the agent of the Government, or any message calculated to aid and promote the cause of the enemies of the Confederate States, he shall be subject to indictment in the district court of the Confederate States, and on conviction shall be fined in a sum not less than five hundred dollars and imprisoned for a term not less than one year.

Mr. Chilton moved to amend the fifth section thereof by striking out the following first lines, viz:

That in cases where the operators of the lines shall be found to be of sufficient capacity and fidelity, the President may constitute them,
and inserting in lieu thereof the words "That the President, at his discretion, may employ," and to insert after the words "the operators of the lines" the word "as."

The motion prevailed, and the amendment as amended was agreed to.

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

Mr. Chilton, at the instance of the State of Alabama, moved to reconsider the vote taken on yesterday on the passage of the bill to make further provision for the public defense.

Mr. Crawford demanded the question; which was seconded, and Mr. Barry, at the instance of the State of Mississippi, demanded the yeas and nays on the motion; which are as follows:

• Alabama--Yea: Messrs. Walker, Smith, Chilton, Hale, McRae, and Davis. Nay: Messrs. Curry, Shorter, and Jones.
• Florida--Yea: Mr. Ward. Nay: Mr. Owens.
• Georgia--Nay: Messrs. Howell Cobb, Bartow, Crawford, Nisbet, Hill, T. R. R. Cobb, Kenan, and Stephens.
• Louisiana--Yea: Messrs. Perkins, De Clouet, Conrad, and Kenner. Nay: Mr. Sparrow.
• Mississippi--Yea: Messrs. Barry and Campbell. Nay: Messrs. Harris, Brooke, Orr, and Harrison.
• South Carolina--Yea: Messrs. Barnwell, Chesnut, and Boyce. Nay: Messrs. Rhett, Keitt, Miles, and Withers.
• Texas--Yea: Mr. Wigfall. Nay: Messrs. Hemphill, Waul, Gregg, Oldham, and Ochiltree.
• Virginia--Nay: Messrs. Brockenbrough and Staples.

Yea: Alabama and Louisiana, 2.

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

Divided: Florida, 1.

The motion was lost.

Mr. Perkins offered the following resolution:

Resolved, That the following shall be added to the rules of the Congress:

No bill shall be enrolled until the time shall have elapsed within which a reconsideration may be moved, or notice thereof given, unless otherwise ordered by the Congress;
which was taken up for consideration.

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

A resolution vesting certain powers in the Secretary of War, under the direction of the President, in relation to arms and materials for gunpowder; also

A bill to make further provision for the public defense.

The question being on the resolution of Mr. Perkins, pending the same,

On motion of Mr. Cobb,

The Congress adjourned until 12 o'clock to-morrow

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EXECUTIVE SESSION.

The Congress having gone into executive session, the following communication was received from the President:

Executive Department, Montgomery, Ala., May 9, 1861.

Hon. Howell Cobb,
President of the Congress.

Sir: I herewith transmit for the advice and consent of the Congress the following nominations, to wit:

• William Pinkney Hill, of Texas, to be judge of the district of Texas, in the place of the Hon. John Hemphill, who has declined the appointment.
• Alexander M. Clayton, of Mississippi, to be judge of the district of Mississippi, in the place of the Hon. William L. Harris, who has declined the appointment.

JEFFERSON DAVIS.

The question being,

Will the Congress advise and consent to the nominations above communicated?

On motion of Mr. Harris, they were referred to the Committee on the Judiciary.

The committee immediately reported back the nominations with a recommendation that they be confirmed; and the Congress did unanimously advise and consent to the nominations.

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