| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --THURSDAY, May 16, 1861.
OPEN SESSION.
Congress met pursuant to adjournment.
Prayer was offered by the Rev. Mr. Petrie.
Congress proceeded to the consideration of the regular order on the Calendar, to wit:
A bill to establish a patent office, and to provide for the granting and issuance of patents for new and useful discoveries, inventions, improvements, and designs.
The second section having been reported, which contained the following sentence, viz:
And the said Commissioner may also, with like approval, appoint such examiners and other clerks as may be necessary,
On motion of Mr. Brooke, the same was amended by inserting after the word "examiners" the words "of patents."
The fifth section having been read, which authorized the issuance of patents to extend to a term not exceeding seventeen years,
On motion of Mr. Brooke, the same was amended by striking therefrom the word "seventeen" and inserting the word "fourteen."
The thirteenth section being as follows:
Mr. Hemphill moved to amend the same by striking therefrom as they occur the words, viz:
it shall be in the power of the court to render judgment for any sum above the amount found by such verdict as the actual damages sustained by the plaintiff, not exceeding three times the amount thereof.
The motion was lost.
On motion of Mr. Hemphill, the words "by action on the case" as they occur in the section were stricken out.
The words "may have remedy by bill in equity" occurring in the fifteenth section, on motion of Mr. Hemphill, the words "by bill" in the same were stricken out.
The sixteenth section being as follows:
Page 231 | Page image
and under the same circumstances as is now provided by law in other judgments and decrees of district courts, and in all other cases in which the court shall deem it reasonable to allow the same.
On motion of Mr. Hemphill, the same was amended by striking out as they occur the words "upon a bill in equity filed by any party aggrieved."
Pending the consideration of the bill.
A message was received from the President, transmitting estimates submitted by the Secretary of War.
The same were referred to the Committee on Military Affairs.
The eighteenth section of the bill being as follows:
Mr. Smith moved to amend by striking out the same.
The motion was lost.
The twenty-second section being as follows:
Mr. Smith moved to amend by striking out the same.
The motion was lost.
The twenty-eighth section was passed over informally,
The thirtieth section being as follows:
On motion of Mr. Smith, the same was stricken out.
Page 232 | Page image
Mr. Ochiltree moved to amend the bill by additional section, as follows:
That in every instance where an applicant for a patent under the provisions of this act shall make oath that he is by reason of his poverty unable to pay the sums of money required to be paid as fees, then he shall be entitled to all the benefits of this act in like manner as though he had paid the same.
The motion was lost.
The thirty-second section being as follows:
On motion of Mr. Cobb, the same was amended by adding thereto the following:
Provided, Such foreign State shall have recognized the independence of the Confederate States and shall be at the time in amity with them.
The thirty-fourth section being as follows:
On motion of Mr. Brooke, the same was amended by striking out the word "authors," where it occurs, and inserting in lieu thereof the words "inventors and discoverers."
Mr. Smith moved further to amend the section by striking out the words "without regard to the sum or value in controversy in the action."
The motion was lost.
The thirty-seventh section being:
That the salary of the Commissioner of Patents, from and after the passage of this [act] shall be
On motion of Mr. Brooke, the same was amended by filling the blank with and adding at the end of the section the following:
three thousand dollars per annum; that of the chief clerk, eighteen hundred dollars per annum; that of each examiner of patents, eighteen hundred dollars per annum, and that of each regularly employed recorder or other clerk, one thousand dollars per annum.
The thirty-eighth section being as follows:
On motion of Mr. Brooke, the same was amended by inserting after the word "designs" the words "and inventions," and inserting after the word "design" the words "or invention," and by striking out the words "in future."
Page 233 | Page image
The section as amended is as follows:
The proviso of the forty-second section being as follows:
Provided, That the fee to be paid in such application shall be for the term of three years and six months, ten dollars; for seven years, fifteen dollars; and for fourteen years, thirty dollars.
On motion of Mr. Brooke, the same was amended by striking out the word "thirty" and inserting in lieu thereof the word "twenty."
The following being a portion of the fiftieth section:
On motion of Mr. Nisbet, the same was amended by inserting after the word "Confederacy," where it first occurs, the words "or of the States of North Carolina, Tennessee, or Arkansas," and inserting after the word "Confederacy," where it next occurs, the words "or of the States aforesaid."
Mr. Smith moved to amend by striking out the following words, viz:
And all patents granted by the said United States prior to the twentieth day of December, eighteen hundred and sixty, to any person or persons other than a citizen or citizens of this Confederacy and not now owned by any such citizen, in whole or in part, shall be in force for their unexpired term from the time when the government or governments to which such person or persons may owe allegiance shall be at peace with and recognize the independence and sovereignty of this Confederacy.
Mr. Barry moved to amend the amendment offered by Mr. Smith and to perfect the section by striking out the following words, viz:
in force for their unexpired term from the time when the government or governments to which such person or persons may owe allegiance shall be at peace with and recognize the independence and sovereignty of this Confederacy,
And inserting in lieu thereof the words "of no force or effect in the Confederate States."
Pending which motion.
On motion of Mr. Toombs, Congress went into secret session; and after remaining some time therein, adjourned until 11 o'clock to-morrow.
SECRET SESSION.
Congress having resolved itself in secret session,
On motion of Mr. Toombs, the special order was postponed for the time; and
Mr. Toombs, from the Committee on Finance, to which was recommitted
Page 234 | Page image
A bill to provide revenue from commodities imported from foreign countries,
reported the same back with modifications and recommended its passage.
The bill retains its place on the Calendar.
Mr. Toombs, from the same committee, reported
A bill making appropriations for the legislative and executive expenses of Government for the year ending February 18, 1862; which was read the first and second times, ordered to be placed on the Calendar, and to be printed.
Mr. Toombs also reported
A bill making appropriations for the support of the Navy for the year ending February 18, 1862;
which was read a first and second time and placed on the Calendar.
Mr. Toombs, from the same committee, also reported
A bill making appropriations to supply deficiencies in the revenue of the Post-Office Department for the year ending February 18, 1862; which was read the first and second times, ordered to be placed on the Calendar, and to be printed.
Mr. Toombs also made the following report:
The Committee on Finance, to whom were referred the report of the Committee on Government Buildings and the contracts of lease entered into for the same, and also certain accounts for articles of furniture provided for the Executive Mansion and the executive buildings and for work done upon the executive buildings, report that they have examined said contracts and recommend that they be approved and that the contracts of lease be filed in the office of the Secretary of the Treasury.
Mr. Withers offered the following amendment to the report:
Resolved, That in consideration of the following clause of the Provisional Constitution of the Confederate States of America, to wit:
"The President shall at stated times receive for his services during the period of the Provisional Government, a compensation at the rate of twenty-five thousand dollars per annum; and he shall not receive during that period any other emolument from this Confederacy or any of the States thereof."
That so much of the report of the committee as recommends an appropriation to pay for furniture purchased for the use of the President be disagreed to.
The report and the amendment were ordered to be placed on the Calendar.
Mr. Smith, from the Committee on Judiciary, to which was referred
A resolution to admit certain States by proclamation of the President, reported
A bill for the admission of any slaveholding State now or lately a member of the United States into the Confederate States of America; which was read a first and second time.
Mr. Stephens offered as a substitute therefor the following, viz:
A bill to admit the State of North Carolina into the Confederacy on a certain condition.
The proviso of the bill reported by the committee being as follows:
Provided, That this act shall only apply to any such State taking such steps for admission into the Provisional Government of the Confederate States during a recess of Congress.
On motion of Mr. Cobb, the same was stricken out.
The substitute was then adopted in lieu of the bill reported by the committee, and was engrossed and read a third time and passed; the States voting thereon:
Page 235 | Page image
Yea: Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia, 8.
Mr. Stephens also introduced
A bill to admit the State of Tennessee into the Confederacy on a certain condition;
which was read a first and second time, engrossed, read a third time, and passed; the States voting thereon:
Yea: Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia, 8.
Mr. Smith, from the Committee on Judiciary, made the following report:
The Committee on Judiciary, to whom was referred the resolution respecting the organization of the courts of the Confederate States for the State of Virginia, ask leave to report:
That it is important that the State of Virginia should be divided into two judicial districts and that the Confederate courts for said State be speedily organized. The Provisional Constitution ordains that "each State shall constitute a district," and to accomplish the object indicated, as well as to enable Congress to meet similar necessities on the part of Texas, the committee report and recommend the adoption of the following amendment to the Provisional Constitution, viz: An ordinance to amend the Provisional Constitution;
which was read the first and second times, and, on motion of Mr. Barnwell, placed on the Calendar, and ordered to be printed.
On motion of Mr. Toombs, it was agreed that the special order be postponed for the time and Congress proceed to the consideration of the bill to provide revenue from commodities imported from foreign countries.
On motion of Mr. Marshall, all the regular and special orders were postponed until after the call of the committees for reports, etc.
Mr. Conrad, from the Committee on Naval Affairs, reported
A bill to amend an act to provide for the organization of the Navy, approved March 16, 1861; also
A bill amendatory of an act to provide for the organization of the Navy;
which were severally read the first and second times and placed on the Calendar.
Mr. Bartow, from the Committee on Military Affairs, reported
A bill making appropriations in addition to those already made for the military service of the Confederate States of America for the fiscal year ending 18th February, 1862;
which was read a first and second time and, together with the estimates submitted by the Secretary of War, referred to the Committee on Finance.
Mr. Bartow, from the same committee, reported
A bill to provide an additional company of sappers and bombardiers for the Army;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Gregg, from the same committee, reported the following resolution:
Resolved, That it be suggested to the Secretary of War that he cause proper investigation to be made and have such defenses established at Sabine City, in the State of Texas, as the necessities of the people of Texas and the interests of the country require.
The resolution was agreed to.
Page 236 | Page image
Mr. Chilton, from the Committee on Postal Affairs, reported
A bill to establish a mail route from Vermillionville, in the State of Louisiana, to Orange, in the State of Texas, and for other purposes; which was read the first and second times, engrossed, read a third time, and passed.
Mr. Chilton, from the same committee, reported
A bill to authorize the extension of the mail service of the Confederate States in certain cases and upon certain conditions;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Ochiltree offered a resolution instructing the Committee on Foreign Affairs to inquire into the expediency of reporting a bill authorizing the confiscation of certain railroad iron belonging to citizens of the State of New York.
The resolution was agreed to.
On motion of Mr. Cobb, the bill to provide revenue from commodities imported from foreign countries was postponed and made the special order for to-morrow, 12 o'clock.
On motion of Mr. Shorter, leave of absence was granted to his colleague, Mr. Davis, to date from the 14th instant.
The Chair laid before Congress estimates made by the Secretary of the Treasury for the expenses of the loan authorized by act of Congress; which were referred to the Committee on Finance.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to provide a compensation for the disbursing officers of the several Executive Departments;
A resolution in relation to marine hospitals;
An act to amend an act entitled "An act to provide for the appointment of chaplains to the Army," approved May 3, 1861;
An act to authorize the President to continue the appointments made by him in the military and naval service during the recess of Congress or the present session, and to submit them to Congress at its next session;
An act to provide for auditing the accounts of the Post-Office Department;
An act 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; and
An act to authorize a loan and the issue of Treasury notes, and to prescribe the punishment for forging the same, and for forging certificates of stock and bonds.
On motion of Mr. Keitt,
Congress adjourned until to-morrow, 11 o'clock.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |