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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 14, 1861. OPEN SESSION.
OPEN SESSION.
Congress met pursuant to adjournment.
Prayer was offered by the Rev. Mr. Cobbs.
Mr. Cobb offered the following resolution, viz:
A resolution in reference to a day of fasting and prayer.
The dependence of nations, as of individuals, upon an overruling Providence, at all times, we fully recognize. But when perils surround and national existence is threatened, it peculiarly becomes a people to manifest their submission to the will and guidance of the Omnipotent Ruler of the universe. If the cause be righteous, and the quarrel just, we may confidently rely on Him who reigneth alike over the armies of earth and the hosts of Heaven, at the same time we recognize our duty to appeal humbly to Him who hath said. "I will be inquired of by my people." To the end, therefore, that the whole people of these Confederate States may in unison and with one accord approach the throne of the Most High to invoke Ills blessing upon us in our defensive struggle for the right of self-government and the enjoyment of the liberty He vouchsafed to our fathers, and to protect us from those who threaten our homes with fire and sword, our domestic circles with ruthless lust, our fathers' graves with the invaders' feet, and our altars with infidel desecration:
Resolved by the Congress of the Confederate States, That the President be requested to issue his proclamation appointing a day of fasting and prayer, in the observance of which all shall be invited to join who recognize our dependence upon God, and the happiness and security of that people whose God is the Lord;
which was unanimously agreed to.
Mr. Oldham offered the following resolution; which was agreed to, viz:
Resolved, That the Committee on Commercial Affairs be directed to inquire into the expediency of making the city of Houston, in the State of Texas, a port of entry and delivery, and that they report by bill or otherwise.
Mr. Clingman laid before Congress the following resolutions, adopted by the legislature of North Carolina, viz:
Resolutions authorizing the governor to use all the powers of the State, civil and military, consistent with the constitution, to protect the persons and property of our citizens, and to maintain and defend the honor of North Carolina.
Whereas the Constitution of the United States has been entirely subverted, and its Government has been converted into a military despotism by the usurpations of the Administration of Abraham Lincoln; and
Whereas the said Abraham Lincoln has promulgated a proclamation declaring the ports of North Carolina in a state of blockade and directing our ships engaged in lawful commerce to be seized; and
Whereas such measures are, by the laws of civilized nations, only to be resorted to against a foreign State and one against winch war has been declared; and
Whereas North Carolina has no alternative, consistent with her safety and honor,
but to accept the position thus assigned to her as that of an independent and foreign State: Therefore, be it
Resolved, That the governor is hereby authorized to use all the powers of the State, civil and military consistent with the constitution, to protect the persons and property of our citizens and to maintain and defend the honor of North Carolina.
A true copy from the minutes of the house of commons of North Carolina.
EDWARD CANTWELL,
Clerk House of Commons.
Congress went into secret session; and after remaining some time therein, adjourned until 11 o'clock to-morrow.
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SECRET SESSION.
Congress having resolved itself in secret session,
On motion of Mr. Cobb, Mr. Clayton, late a member of the Congress, was invited to a seat in the Hall during the secret session of Congress.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to authorize the transfer of appropriations;
An act to define the limits of the port of New Orleans;
An act to organize further the Bureau of Superintendent of Public Printing; and
An act to suspend the operations of the mints.
Mr. Barnwell presented a memorial relative to duties on certain articles; which was referred to the Committee on Finance.
Mr. Ochiltree introduced
A bill further to provide for the payment of mileage to members of the Congress of the Confederate States of America;
which was read a first and second time.
Mr. Barnwell moved to postpone for the time the consideration of the bill and to place the same on the Calendar.
Mr. Rhett thereon demanded the question; which was seconded, and the motion was lost. The States voted thereon:
Yea: Virginia.
Nay: Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, and Texas.
The question recurred on ordering the bill to be engrossed for a third reading.
The bill was engrossed, read a third time, and on the passage of the same,
Mr. Hale, at the instance of the State of Alabama, called for the yeas and nays of the body; which were taken, and are as follows:
The bill was lost.
Mr. Walker introduced
A bill in relation to mileage;
which was read the first and second times, engrossed, and read a third time.
On the question,
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Whether the bill shall pass?
Mr. Ochiltree, for the State of Texas, called for the yeas and nays of the body, and the bill was lost.
The yeas and nays are as follows:
Mr. Shorter reported as correctly engrossed and enrolled
An act regulating the sale of prizes and the distribution thereof.
Mr. Keitt offered
A resolution to admit certain States by the proclamation of the President;
which was read a first and second time and, on motion of Mr. Miles, referred to the Committee on Judiciary.
A message was received from the President that he had approved and signed
An act to amend an act entitled "An act further to provide for the organization of the Post-Office Department," approved March 9, 1861; also
An act to amend an act to prescribe the rates of postage in the Confederate States of America, and for other purposes, approved February 23, 1861.
Mr. Toombs, from the Committee on Finance, reported
A bill to authorize a loan and the issue of Treasury notes, and to prescribe the punishment for forging the same, or for forging certificates of stock and bonds.
Mr. Withers moved to place the same on the Calendar, that it be printed, and that it be, for the time, postponed.
The motion was lost.
The bill was engrossed for a third reading.
On motion of Mr. Withers, for the State of South Carolina, the vote just taken by which the bill was ordered to be engrossed was reconsidered.
Mr. Withers moved to amend the bill by additional section.
Mr. Memminger moved to recommit the bill to the Committee on Finance, with instructions to insert proper provisions for laying a direct tax not exceeding $15,000,000.
Mr. Keitt thereon demanded the question; which was seconded, and the motion was lost.
Mr. Walker, at the instance of the State of Alabama, called for the yeas and nays thereon; which are as follows:
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On motion of Mr. Oldham, the bill was postponed for the time and made the special order for to-morrow. It was further ordered that the bill and amendment be printed.
The Chair laid before Congress estimates made by the Secretary of War for the fiscal year ending February 18, 1861 [1862]; which were referred to the Committee on Military Affairs.
Mr. Withers moved to adjourn.
The motion was lost.
Mr. Hale made the following report:
The Judiciary Committee, to whom was referred
A bill to prohibit the introduction of slaves from any State not a member of this Confederacy; also
A bill to prohibit the importation of slaves from the United States,
have had the same under consideration, and instruct me to report them back to the House with the recommendation that they lie upon the table.
S. F. HALE, Chairman.
The report was agreed to.
Mr. Hale, from the same committee, reported
A bill to transfer the testimony taken by commission in certain suits therein named brought in the circuit and district courts of the United States of America to the State courts of the Confederate States and to authorize the same to be used in said State courts;
which was read a first and second time and placed on the Calendar.
Mr. Harris, from the Committee on Judiciary, made the following report:
The Committee on the Judiciary, to whom was referred the resolution rescinding the resolution of the 12th of March, 1861, providing for a digest of laws, report the same back to the Congress with a recommendation that it be adopted with the following additional resolutions as an amendment thereto:
The resolutions were ordered to be placed on the Calendar.
Congress proceeded to the consideration of the special order, it being
A bill to increase the military establishment of the Confederate States and to amend the act for the establishment and organization of the Army of the Confederate States of America.
The second section thereof being as follows:
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which shall be the highest military grade known to the Confederate States. They shall be assigned to such commands and duties as the President may specially direct, and shall be entitled to the same pay and allowances as are provided for brigadier-generals, and to two aids-de-camp, to be selected as now provided by law. Appointments to the rank of general, after the Army is organized, shall be made by selections from the Army.
Mr. Conrad moved to amend by striking out the same and substituting therefor the following:
Mr. Cobb demanded the question; which was seconded, and the motion was lost.
Mr. Wright, at the instance of the State of Georgia, called for the yeas and nays of the entire body thereon; which were taken, and are as follows:
Mr. Cobb moved to amend the section by inserting immediately preceding the word "general," where it occurs, in the words "shall have the rank and denomination of general," the word "major."
The motion was lost, and Mr. Cobb, at the instance of the State of Georgia, required the yeas and nays; which are as follows:
Mr. Wright moved to strike out the section.
The motion was lost.
The eighth section being as follows:
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Representatives, and ten in addition, to be selected by him at large from the Confederate States, who shall be attached to companies in service in any branch of the Army, as supernumerary officers, with the rank of cadet, and be competent for promotion at such time and under such regulations as may be prescribed by the President or hereafter established by law.
On motion of Mr. Bartow, the same was amended by inserting after the words "supernumerary officers, with the rank of cadet," the words "who shall receive the monthly pay of forty dollars."
The bill as amended was engrossed, read a third time, and passed.
A message was received from the President that he had approved and signed
An act to suspend the operations of the mints;
An act to organize further the Bureau of Superintendent of Public Printing;
An act to authorize the transfer of appropriations;
An act to define the limits of the port of New Orleans, and for other purposes; and
An act regulating the sale of prizes and the distribution thereof.
On motion of Mr. Withers,
Congress adjourned until 11 o'clock to-morrow.
EXECUTIVE SESSION.
The Congress having gone into executive session, the following communication was received from the President:
Montgomery, May 14, 1861.
To the Congress of the Confederate States:
I nominate for appointment in the Army of the Confederate States: Robert E. Lee, to be brigadier-general; Joseph E. Johnston, to be brigadier-general.
JEFFERSON DAVIS.
The following communication was also received from the President:
Montgomery, May 14, 1861.
To the Congress of the Confederate States:
I nominate Eugene E. McLean, late of United States Army, to be assistant quartermaster, with the rank of major, in the Army of the Confederate States.
JEFFERSON DAVIS.
The question being,
Will Congress advise and consent to the nominations above communicated?
It was unanimously decided in the affirmative.
EXECUTIVE SESSION.
The Congress having gone into executive session, the following communication was received from the President:
To the Congress of the Confederate States of America:
I lay before Congress, for their consideration and action in relation thereto, copies of a convention between the Confederate States and the State of Tennessee, which was concluded and signed by the commissioners of both parties at the city of Nashville, on the 7th day of May, A. D. 1861, and of the ratification and confirmation of the same by the general assembly of the State of Tennessee.
JEFFERSON DAVIS.
Montgomery, May 13, 1861.
Convention between the State of Tennessee and the Confederate States of America.
The State of Tennessee, looking to a speedy admission into the Confederacy established by the Confederate of America, in accordance with the Constitution for the Provisional Government of said States, enters into the following temporary convention, agreement, and military league with the Confederate States, for the purpose
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of meeting pressing exigencies affecting the common rights, interests, and safety of said State and said Confederacy:
This convention entered into and agreed on in the city of Nashville, Tenn., on the 7th day of May, A. D. 1861, by Henry W. Hilliard, the duly authorized commissioner to act in the matter for the Confederate States, and Gustavus A. Henry, Archibald W. O. Totten, and Washington Barrow, commissioners duly authorized to act in like manner for the State of Tennessee, 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 in duplicate originals.
Joint resolution ratifying and confirming a military league with the Confederate States.
Whereas a military league, offensive and defensive, was formed on this the 7th day of May, 1861, by and between A. W. O. Totten, Gustavus A. Henry, and Washington Barrow, commissioners on the part of the State of Tennessee, and H. W. Hilliard, commissioner on the part of the Confederate States of America, subject to the confirmation of the two governments: Be it therefore
Resolved by the general assembly of the State of Tennessee, That said league be in all respects ratified and confirmed, and the said general assembly hereby pledges the faith and honor of the State of Tennessee to a faithful observance of the terms and conditions of said league.
Adopted May 7, 1861.
State of Tennessee:
I, J. E. R. Ray, secretary of state, hereby certify that the foregoing is a true copy of the original resolution on file in my office.
In testimony whereof I have hereunto set my hand and with the warrant of the governor affixed the great seal of the State at the department in Nashville on this 8th day of May, A. D. 1861.
(Signed)J. E. R. RAY, Secretary.
On motion, the communication was referred to the Committee on Foreign Affairs.
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