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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 --SATURDAY, May 18, 1861.
OPEN SESSION.
Congress met pursuant to adjournment.
Mr. Stephens introduced
A bill to admit the State of Arkansas into the Confederacy;
which was read the first and second times, engrossed, read a third time, and passed, the States voting as follows:
Yea: Alabama, Florida, Louisiana, Mississippi, South Carolina, Texas, and Virginia.
Mr. Stephens announced the presence of Mr. Robert W. Johnson, Mr. A. Rust, Mr. W. W. Watkins, and Mr. A. H. Garland, Delegates from the State of Arkansas, who appeared, were qualified, and took their seats.
Mr. Stephens moved that an additional member be added to the Committees on Indian Affairs, on Public Lands, on Postal Affairs, and on Commerce.
The motion prevailed.
The Chair appointed Mr. Johnson, of Arkansas, on the Committee on Indian Affairs; Mr. Garland, of Arkansas, on the Committee on Public Lands; Mr. Rust, of Arkansas, on the Committee on Postal Affairs; Mr. Watkins, of Arkansas, on the Committee on Commerce.
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The Congress went into secret session; and after remaining some time therein, adjourned until Monday morning, 11 o'clock.
SECRET SESSION.
The Congress having gone into secret session,
Mr. Nisbet offered
A resolution in relation to the adjournment of Congress;
which was made the special order of the day for Monday next.
Mr. Sparrow presented a memorial from John A. Stevenson; which was referred, without being read, to the Committee on Naval Affairs.
Mr. Brooke introduced
A bill to define with more certainty the meaning of an act entitled "An act to fix the duties on articles therein named," approved March 15, 1861;
which was read the first and second times and referred to the Committee on Finance.
Mr. Brooke offered
A resolution in reference to adjourning to the city of Richmond;
which was made the special order of the day for Monday next.
Mr. Conrad offered
A resolution to provide for the removal of the seat of government; which was made the special order of the day for Monday next.
Mr. Miles presented the petition and claim of H. Y. Gray, clerk of the court of South Carolina; which was referred, without being read, to the Committee on Claims.
Mr. Withers offered the following resolution, viz:
Resolved, That it be referred to the Committee on the Judiciary to inquire and report upon the expediency of a law authorizing and requiring the President of the Confederate States of America to take measures to ascertain what property, moneys, stocks, bonds, or other assets belonging to States, companies, corporations, or individuals bearing the relation of enemies to the Confederate States, exist within their limits and in what custody, to the end that the same may be sequestered and placed in the Treasury to be disposed of to the use of these States and accounted for hereafter as to justice may appertain and may be directed by treaty or by statute;
which was agreed to.
A message was received from the President, through Mr. Josselyn, his Private Secretary; which is as follows, to wit:
Montgomery, Ala., May 18, 1861.
Hon. Howell Cobb,
President of the Congress:
I herewith transmit to the Congress the estimate of the Secretary of War for incidental expenses of officers of the Confederate Army assigned to duty among the Indian tribes for the fiscal year ending February 18, 1862. The functions which said officers will be required to perform are generally those of agents of Indian affairs.
JEFF'N DAVIS.
which was referred, with the accompanying document, to the Committee on Finance.
On motion of Mr. Rhett, the ordinances of the several States ratifying the Constitution were referred to the Committee on Constitution.
Mr. Rhett, from the Committee on Foreign Affairs, to whom was referred the resolution concerning the confiscation of certain railroad iron therein mentioned, reported that the committee had had the same under consideration and ask to be discharged from further consideration thereof; which was agreed to.
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Mr. Toombs, from the Committee on Finance, to which was referred
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 the 18th of February, 1862,
reported the same back without amendments and recommended its passage.
Mr. Withers moved to have the bill printed.
The motion was lost.
Mr. Crawford, from the Committee on Commerce, to which was referred
A resolution in relation to making the city of Houston, in the State of Texas, a port of entry and delivery,
reported the same back and recommended that it do not pass.
The resolution was placed on the Calendar.
Mr. Crawford, from the same committee, to which was referred
A bill to establish a port of entry at Sabine Pass, in the State of Texas, and to provide for the appointment of a collector for the same, reported it back with a recommendation that it do pass.
Congress took up the bill for consideration.
The bill was then engrossed, read a third time, and passed.
Mr. Hale, from the Committee on the Judiciary, reported
A bill to be entitled "An act supplemental to an act to establish the judicial courts of the Confederate States of America;"
which was read the first and second times and placed on the Calendar.
Mr. Harris, from the Judiciary Committee, to which was referred
A bill to fix the time for the election for Representatives to Congress and the time for the assembling of the Congress; and also
A bill to provide for the election of President and Vice-President; reported the same back with a recommendation that they do not pass, and reported
A bill to put in operation the Government under the permanent Constitution of the Confederate States of America;
which was taken up and read the first and second times.
Mr. Stephens moved to amend the same by adding thereto the following additional sections, viz:
Be it further enacted, That in case the State of Virginia adopt and ratify the Constitution for the permanent Government of the Confederate States of America before the elections in this act provided for, she shall be entitled to [elect] sixteen members to the House of Representatives, and the State of North Carolina in like case ten members, the State of Tennessee in like case eleven members, and the State of Arkansas in like case four members, the same being upon the basis of one member for every ninety thousand representative population, and an additional member for a fraction over one-half of the ratio aforesaid in each of said States, under the census of the United States taken in eighteen hundred and sixty, and being the same basis of representation fixed for the seven original States in said Constitution for permanent government.
Be it further enacted, That the same rules and principles shall be observed as to the number of Presidential electors in the States aforesaid as in the other seven original States;
which motion prevailed.
The bill as amended was engrossed, read a third time, and passed.
Mr. Harris from the Committee on the Judiciary, to which was referred
A bill to prevent the importation of African negroes from any foreign country other than the slaveholding States of the United States, and punish persons offending therein,
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reported the same back with amendments and asked that the amendments be printed; which was agreed to.
Mr. Bartow, from the Committee on Military Affairs, reported
A bill concerning the transportation of soldiers and allowances for clothing of volunteers and amendatory of the act for the establishment and organization of the Army of the Confederate States;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Bartow, from the Committee on Military Affairs, reported
A bill to authorize the President to employ the Army in the border slave States under certain circumstances;
which was read the first and second times, engrossed, read a third time, and passed.
The following ordinance was taken up, viz:
Be it ordained by the Congress of the Confederate States of America, That the second paragraph of the first section of the third article of the Constitution of the Confederate States of America be so amended, in the first line of said paragraph, as to read: "each State shall, until otherwise enacted by law, constitute a district," and in the sixth line, after the word "judge," add "or judges;"
which was engrossed, a read a third time, and passed, the States voting as follows:
Yea: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia.
Congress proceeded to the consideration of
A bill to secure copyrights to authors and composers.
Mr. Perkins moved to lay the bill on the table.
The motion was lost.
The bill was engrossed, read a third time, and passed.
Mr. Staples introduced
A bill to establish the judicial courts of the Confederate States of America in the State of Virginia;
which was read the first and second times and referred to the Committee on the Judiciary.
The Congress proceeded to the consideration of
A bill making appropriations for the legislative and executive expenses of Government for the year ending 18th of February, 1862.
Mr. Withers moved to amend the same by striking out the following words, to wit: "For furniture for Executive Mansion, nine hundred and eighty-seven dollars and fifty cents."
On the question of agreeing to the amendment, Mr. Withers, at the instance of the State of Alabama, demanded the yeas and nays of the entire body; which were recorded as follows:
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Yea: South Carolina, 1.
Nay: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Texas, and Virginia, 8.
The motion to amend was therefore lost.
The bill was then engrossed, read a third time, and passed.
Congress took up the bill making appropriation to supply deficiencies in the revenue of the Post-Office Department for the year ending the 18th of February, 1862;
which was engrossed, read a third time, and passed.
Congress proceeded to consider
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 the 18th of February, 1862;
which was engrossed, read a third time, and passed.
Congress took up
A bill to amend an act to provide for the organization of the Navy, approved March 16, 1861;
which was engrossed, read a third time, and passed; also
A bill amendatory of an act to provide for the organization of the Navy;
which was engrossed, read a third time, and passed.
On motion of Mr. Brooke, Congress proceeded to consider the 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,
The third section having been read as follows, viz:
Mr. Brooke moved to amend by striking out the same and inserting in lieu thereof the following, to wit:
The judge of the district of the State of Mississippi shall be the presiding judge of said court and he shall hold two regular terms thereof in each year in the city of Vicksburg, the one commencing on the first Monday in June and the other on the first Monday in December, and he shall hold extra sessions of the same from time to time as occasion may require.
The motion prevailed.
The fourth section provided for a clerk for said court, the last sentence thereof having been in these words, viz: "and they shall also have the same fees for their respective services as in said act are prescribed."
On motion of Mr. Brooke, the same was amended by striking out the word "they" and inserting in lieu thereof the word "he," and by striking out the words "their respective" and inserting in lieu thereof the word "his," and by adding to the end thereof the following words, viz: "and as are prescribed in other acts regulating the fees in admiralty and maritime jurisdiction."
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The sentence as amended reads as follows:
and he shall also have the same fees for his services as in said act are prescribed and as are prescribed in other acts regulating the fees in admiralty and maritime jurisdiction.
The fifth section having been read as follows, viz:
Mr. Brooke moved to amend the same by striking out the words "wherever held" and all of the section after the words "acts and proceedings" and insert in lieu thereof the following words, viz:
and shall have the power, in the absence of the judge, to make such orders in vacation, subject to the approval of the court, as may be necessary to the proper transaction of the business of the court, and to issue all process of attachment, libel, and forfeiture as is by law required.
The motion prevailed and the section as amended reads as follows:
The clerk shall reside and keep the records of the court at the city of Vicksburg and it shall also be his duty to attend the sittings of said court and keep a record of its acts and proceedings, and shall have the power, in the absence of the judge to make such orders in vacation, subject to the approval of the court, as may be necessary to the proper transaction of the business of the court, and to issue all process of attachment, libel, and forfeiture as is by law required.
The bill as amended was engrossed, read a third time, and passed.
Mr. Perkins introduced
A bill to amend an act relative to telegraph lines of the Confederate States, approved May [11], 1861;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Morton presented a memorial from Robert Gamble, jr.;
which was referred, without being read, to the Committee on Naval Affairs.
Mr. Toombs introduced
A bill to provide for certain deficiencies in the appropriations for the Post-Office Department for the year ending February 18, 1862; which was read the first and second times, engrossed, read a third time, and passed.
On motion of Mr. Rhett, Congress proceeded to the resolutions in relation to duties on importations to be levied by the Confederate States and foreign nations, reciprocally;
And pending the discussion thereon,
Congress adjourned until Monday, 11 o'clock.
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