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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 --MONDAY, May 20, 1861.
OPEN SESSION.
Congress met pursuant to adjournment.
Prayer was offered by the Rev. Dr. Basil Manly.
Mr. Shorter gave notice that at the instance of the State of Alabama he would move to reconsider the bill to establish a patent office, and to provide for the granting and issue of patents for new and useful discoveries, inventions, improvements, and designs.
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Mr. Rhett offered the following resolution; which was agreed to, viz:
Resolved, That the ordinances of the States constituting the Confederacy ratifying and adopting the permanent Constitution of the Confederate States shall be recorded and filed away in the State Department.
Congress then went into secret session; and after remaining some time therein, adjourned until 11 o'clock to-morrow.
SECRET SESSION.
Congress being in secret session,
Mr. Stephens moved that an additional member be added to the Committee on Territories.
The motion prevailed, and the Chair appointed Mr. Thomason of Arkansas on the Committee on Territories.
On motion of Mr. Toombs, the special order of the day was postponed.
Mr. Shorter offered the following resolution; which was agreed to, viz:
Resolved, That the Secretary of Congress be authorized to employ such additional clerical force as may be necessary to dispatch the business of his office during the remainder of the session, at six dollars per day each.
Mr. Toombs, from the Committee on Finance, reported
A bill to provide for the expenses of the public service within the Indian tribes;
which was read the first and second times, engrossed, read a third time, and passed; also
A bill to increase the clerical force of the Bureau of Second Auditor of the Treasury Department;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Toombs, from the Committee on Finance, to which had been referred
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,
reported the same back with a recommendation that it do pass.
The bill was taken up, engrossed, read a third time, and passed.
Mr. Toombs, from the Committee on Finance, reported
A bill to prohibit the exportation of cotton from the Confederate States, except through the seaports of said States, and to punish persons offending therein;
which was read the first and second times.
Mr. Sparrow moved to postpone the consideration of the bill until to-morrow;
and the vote thereon, being taken by States, is as follows, viz:
Yea: Florida and Louisiana.
Nay: Alabama, Arkansas, Georgia, Mississippi, South Carolina, and Virginia.
Texas divided.
The motion was lost.
The first section declaring
That from and after the first day of June next, it shall not be lawful for any person to export any raw cotton or cotton yarn from said States except through the seaports of said States.
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Mr. Chilton moved to amend the same by inserting after the word "person" the words "or corporation."
The motion was lost.
Mr. Toombs moved to amend the same by striking out the word "first" and inserting in lieu thereof the word "fifteenth."
The motion was lost.
The second section being as follows, viz:
If any person shall violate or attempt to violate or evade the provisions of the foregoing section, he shall forfeit all the cotton or cotton yarn thus attempted to be illegally exported for the use of the Confederate States, and in addition thereto he shall be guilty of a misdemeanor and on conviction thereof shall be fined in a sum not exceeding five thousand dollars or be imprisoned in some public jail or penitentiary for a period not exceeding six months, etc.
Mr. Wigfall moved to amend the same by striking out the words "five thousand dollars" and inserting in lieu thereof the words "one hundred dollars per bale."
The motion was lost.
On motion of Mr. Hemphill, the bill was amended by adding to the end of the last section the following words, viz:
But nothing in this act shall be so construed as to prohibit the exportation of cotton to Mexico through its coterminous frontier.
The bill as amended was engrossed, read a third time, and passed.
Mr. Toombs, from the Committee on Finance, to which had been referred
A bill to exempt from duty certain cars purchased by the New Orleans and Carrollton Railroad Company and the New Orleans City Railroad Company,
reported adversely to the passage of the same, recommended that the bill lie on the table and that the committee be discharged from the further consideration thereof.
The report was agreed to.
Mr. Toombs, from the same committee, to which had been referred the communication of the Secretary of War to said committee relative to the purchase of books of tactical instruction for the use of the Army,
reported adversely to the same, asked that it lie on the table and the committee be discharged from its further consideration.
The report was agreed to.
Mr. Hale, from the Committee on the Judiciary, to which had been referred
A bill to establish the judicial courts of the Confederate States of America in the State of Virginia,
reported the same back with an amendment and recommended its passage.
The bill was taken up, and Mr. Hale, from the Committee on the Judiciary, moved to amend the same by enacting that the State of Arkansas shall constitute two judicial districts, designating the territorial boundaries and names thereof and giving the President power to appoint a judge, marshals, and attorneys therefor, etc.
The amendment was agreed to.
The bill as amended was passed.
The title thereof was amended so as to read as follows, viz:
A bill to establish the judicial courts of the Confederate States of America in the States of Virginia and Arkansas.
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Mr. Conrad, from the Committee on Naval Affairs, to which was referred the report of the Committee on Military Affairs on the proposition for the sale to the Confederate States of the Bellville Iron Works, near New Orleans, reported the same back, asked that the report and accompanying papers lie on the table, and that the committee be discharged from further consideration of the same.
The report was agreed to.
Mr. Conrad, from the same committee, to which was referred
A bill to amend an act entitled "An act recognizing the existence of war between the United States and the Confederate States; and concerning letters of marque, prizes, and prize goods,"
reported the same back with a recommendation that it do pass.
The bill was taken up, engrossed, read a third time, and passed.
Mr. Kenan, from the Committee on Military Affairs, reported
A bill to authorize the President to confer temporary rank and command for service with volunteer troops on officers of the Confederate Army;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Miles, from the Committee on Military Affairs, reported
A bill to amend an act to raise an additional military force to serve during the war;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Cobb, from the Committee on Printing, reported
A bill to prescribe the mode of publishing the laws and treaties of the Confederate States;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Toombs, from the Committee on Finance, to whom was referred the memorial of the Pensacola and Georgia Railroad Company concerning the duties due by them upon the importation of a quantity of railroad iron, reported.
That there seemed to be a question whether said duties are due and payable to the State of Florida or to the Confederate States, but, it being purely a judicial question, recommended that it be determined by the proper tribunals.
The committee further recommended that if the railroad company should pay the amount due into the Treasury of the Confederate States that it should be allowed a credit thereon to the amount due by the Confederate States to said company for transportation of troops and other commodities.
The report was agreed to.
Mr. Chilton submitted the following report, viz:
The committee appointed under the resolution of Congress of the 12th March, 1861, providing for a digest of the laws, beg leave to report that as soon after the adjournment of the last session of the Congress as they could procure suitable apartments and appliances to enable them to discharge the duties assigned them, they entered upon their labors of digesting the laws, but the time allowed them has not been sufficient to enable them to complete the work.
Your committee beg leave to state that in their attempts to systematize the laws, and to place under appropriate heads all the statutes relating to such heads, they have often found it a highly delicate and difficult task to determine how much of the old law remains in force, how much of it is applicable to the present condition of this Government, and what modifications and changes are required to make our system harmonious.
As the committee took it for granted that the Congress desired a digest which should embody accurately all the laws in force, gotten up upon the most approved and convenient plan, they have spared no pains in procuring the necessary means to
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enable them to prepare such a work, containing marginal references showing the substance of the text, and the respective dates when the statutes were passed, as also the pages of the Statutes at Large of the United States where the law may be found, together with references in the form of notes to the opinions of Attorney-Generals, and to judicial decisions construing statutes of doubtful meaning. To enable them to comply with what they supposed to be the desire of Congress, they have procured a copy of the Statutes at Large, several copies of Brightly's Digest, and the Decisions of the Supreme Court of the United States, with other works deemed of importance as furnishing aids in the discharge of their duties. These books are contained in a schedule annexed to this report marked "A," and are carefully preserved for the use of Congress in the rooms of the committee at the Madison House, where the members can consult them.
The committee further report that all the expense needful to the preparation of the work as provided for under the resolution, in the way of books, stationery, room rent, and furniture has already been incurred, and a considerable portion of the labor required to complete the work has been performed.
They herewith lay before the Congress, for the inspection and suggestions of its members, various heads of the law digested by the committee, and at a proper time, if desired, they will submit a report "of such changes and modifications as they would recommend for the adoption of Congress." All which is respectfully submitted.
Congress took up
A resolution rescinding the resolution providing for a digest of laws, approved March 12, 1861, and fixing the pay of the commissioners appointed under said resolution to perform said duty, etc.;
which was engrossed, read a third time, and agreed to.
Mr. Cobb introduced
A bill to prescribe the salary of the Private Secretary of the President of the Confederate States;
which was read the first and second times.
Mr. Barnwell moved to refer the same to the Committee on Finance; and the vote thereon, being taken by States, is as follows, to wit:
Yea: Alabama, Florida, Louisiana, Mississippi, and South Carolina.
Nay: Georgia, Texas, and Virginia.
The motion prevailed.
Mr. Waul introduced
A bill to divide the State of Texas into two judicial districts and provide for judges and officers of the same;
which was read the first and second times and referred to the Committee on the Judiciary.
Congress proceeded to the consideration of the unfinished business of the day before, which was the resolutions relating to duties and importations to be levied by the Confederate States and foreign nations, respectively [reciprocally].
The first resolution having been read as follows, viz:
Resolved, That the duties on importations to be levied by the Confederate States and foreign nations, reciprocally, is a proper matter for negotiation and treaty stipulation, and that it is the sense of Congress that such negotiation and stipulation should be based upon a maximum of duties not higher than twenty per cent ad valorem on all articles of manufacture or production, etc.
Mr. Cobb moved to amend the same by inserting after the words "negotiation and stipulation" the words "shall not extend beyond five years, and."
The vote thereon, having been taken by States, is as follows, viz:
Yea: Alabama, Florida, Georgia, Mississippi, and Virginia.
Nay: Arkansas, Louisiana, South Carolina, and Texas.
The motion prevailed.
On motion of Mr. Rhett, the resolutions were laid on the table.
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Congress proceeded to the consideration of the special order of the day, which was a resolution adjourning Congress on Tuesday, the 21st instant, to meet again upon the call of the President at such time and place as he might by proclamation designate.
Mr. Rhett demanded the question on agreeing to the resolution; which was seconded, and, at the instance of the State of Georgia, the yeas and nays of the entire body thereon were ordered to be recorded, and are as follows:
Yea: Alabama and South Carolina, 2.
Nay: Arkansas, Florida, Georgia, Mississippi, Texas, and Virginia, 6.
Divided: Louisiana, 1.
The resolution was not agreed to.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
A bill to authorize the President to employ the Army in the border slave States under certain circumstances;
A bill to admit the State of Arkansas into the Confederacy;
A bill for the protection of certain Indian tribes;
A bill amendatory of an act to provide for the organization of the Navy; and
A bill to amend an act to provide for the organization of the Navy, approved March 16, 1861.
Mr. Hemphill, from the Committee to Digest the Laws, etc., presented certain accounts for expenses for clerks, etc.; which were referred to the Committee on Accounts.
A communication was received from the President, submitting certain resolutions of the board of mayor and aldermen of the city of Memphis, inviting Congress to hold its next session in that city; which were laid on the table for the present.
Congress proceeded to the consideration of the resolution to provide for the removal of the seat of government.
The first resolution having been read as follows, viz:
Resolved, That this body will adjourn on Tuesday next, to meet again on the day ofnext, at Richmond, Virginia, or at such other place in Virginia or North Carolina as the President may hereafter designate; and that a committee of three members of this House be appointed to make suitable arrangements for the accommodation of this body, and of the several Executive Departments.
Mr. Curry moved to amend the same by striking out the words "in Virginia or North Carolina."
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Mr. Harris demanded the question; which was seconded, and the motion prevailed.
Mr. Memminger moved to amend the same by striking out the following words, to wit: "or at such other place as the President may hereafter designate."
The motion prevailed.
The second resolution having been read as follows, viz:
Resolved, That the President be, and he is hereby, authorized to cause the several Executive Departments, with the archives thereof, to be removed at such time between this and theday ofnext to Richmond or to such other place as he may designate, determined on in pursuance of the foregoing section as the seat of government.
Mr. Memminger moved to amend the same by striking out the words
or to such other place as he may designate, determined on in pursuance of the foregoing section as the seat of government,
And to insert in lieu thereof the following words, to wit:
Provided, however, That in case of any public emergency which may in the judgment of the President render it impolitic to meet in Richmond, the President shall have power by proclamation to call Congress together at some other convenient place to be selected by him.
The motion prevailed.
Mr. Harris moved to amend the resolution by filling the blanks with the words "twentieth" and "July," and the vote thereon, having been taken by States, is as follows, viz:
Yea: Alabama, Florida, Louisiana, South Carolina, and Virginia.
Nay: Arkansas, Georgia, Mississippi, and Texas.
The motion prevailed.
The resolution as amended was engrossed, read a third time, and on the question of agreeing thereto Mr. Sparrow demanded the question; which was seconded, and, at the instance of the State of Louisiana, the yeas and nays of the entire body were ordered to be recorded, and are as follows, viz:
Yea: Arkansas, Georgia, Texas, and Virginia, 4.
Nay: Alabama, Florida, Mississippi, and South Carolina, 4.
Divided: Louisiana, 1.
The resolution was not agreed to.
Mr. Cobb offered the following resolution, viz:
Resolved, That each member of this Congress be, and he is hereby, requested to bring before his constituents the loans authorized by law, and to use his efforts to procure subscriptions in money or produce to the same.
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The resolution was agreed to.
A message was received from the President, through his Private Secretary, Mr. Josselyn, that he had approved and signed
An act to authorize the extension of the mail service of the Confederate States in certain cases and upon certain conditions;
An act to admit the State of Arkansas into the Confederacy; and
An act amendatory of an act to provide for the organization of the Navy.
Mr. Cobb introduced
A bill to authorize certain debtors to pay the amounts due by them into the Treasury of the Confederate States;
which was read the first and second times and referred to the Committee on Finance.
Mr. Hemphill introduced
A bill to allow a sum of money to each member of Congress for postage expenses;
which was read the first and second times and referred to the Committee on Finance.
Mr. Shorter offered the following resolution, viz:
That the Secretary of the Treasury be authorized to pay, out of the contingent fund of the Treasury Department, all accounts contracted for work done or furniture provided for the use of the Executive office or in the Executive buildings not properly chargeable to the contingent fund of either of the other Departments;
which was read the first and second times, engrossed, read a third time, and passed.
Mr. Miles, at the instance of the State of South Carolina, moved to reconsider the vote on agreeing to the resolution to provide for the removal of the seat of government.
Mr. Harris demanded the question; which was seconded, and Mr. Miles, at the instance of the State of South Carolina, demanded the yeas and nays of the entire body thereon to be spread on the Journal, and they are as follows, viz:
Yea: Arkansas, Florida, Georgia, Louisiana, Texas, and Virginia, 6.
Nay: Alabama, Mississippi, and South Carolina, 3.
The motion prevailed.
Mr. Chilton moved to postpone the consideration of the resolution until to-morrow.
Mr. Kenner demanded the question; which was seconded, and the motion was lost.
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Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
A bill to establish a separate port of entry at Sabine Pass, in the county of Jefferson, in the State of Texas, and to provide for the appointment of a collector therein; and
A bill to put in operation the permanent Constitution of the Confederate States of America.
Mr. Chilton moved to adjourn.
Mr. Kenner demanded the question.
The question was seconded, and the motion was lost.
The question recurring on agreeing to the resolution,
Mr. Olchiltree, at the instance of the State of Texas, demanded the yeas and nays of the entire body thereon to be spread on the Journal, and they are as follows, viz:
Yea: Arkansas, Georgia, Louisiana, Texas, and Virginia, 5.
Nay: Alabama, Florida, Mississippi, and South Carolina, 4.
The resolution was agreed to.
Congress adjourned until to-morrow morning, 11 o'clock.
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