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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, February 5, 1861.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
TUESDAY, February 5, 1861.

OPEN SESSION.

The Congress met pursuant to adjournment.

Prayer was offered by Rev. Mr. Mitchell.

On the motion of Mr. Withers, the President appointed Robert Wynn as Doorkeeper and John Wadsworth as Messenger.

Mr. Shorter moved that the Secretary be authorized to appoint an assistant secretary and a journal clerk.

The motion prevailed, and the Secretary appointed Robert E. Dixon Assistant Secretary, and Wiley N. Hutchins Journal Clerk.

Mr. Stephens, from the Committee on Rules, made the following report, to wit:

• First. The vote upon all questions in this Congress, except as hereafter otherwise provided, shall be taken by States; each State shall be entitled to one vote. A majority of all the States represented shall be necessary to carry any question. The delegates of each State may designate the member to cast the vote of their State, and upon the motion of any member, seconded by one-fifth of the members present, or at the instance of any one State, the yeas and nays of the entire body shall be spread upon the Journals upon any question.
• Second. Any number of members from a majority of the States now represented, or hereafter to be represented by duly accredited delegates from States seceding from the late United States of America shall constitute a quorum to transact business.
• Third. The President having taken the chair, and a quorum being present, the Journal of the preceding day shall be read, and any mistakes in the entries shall upon motion then be corrected.
• Fourth. No member shall speak to another, or otherwise interrupt the business of the Congress, while the Journals or public papers are being read or when any member is speaking in debate.
• Fifth. Every member when he speaks shall address the Chair, standing in his place, and when he has finished shall sit down.
• Sixth. No member shall speak more than twice in any one debate on the same question and on the same day without leave of a majority of the members present.
• Seventh. When two or more members rise at the same time the President shall name the person to speak, but in all cases the member who shall rise first and address the Chair shall speak first.
• Eighth. The President shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order subject to an appeal by any one State; and may call any member to the chair to preside temporarily, not to extend beyond that day's session. He may participate in the debates.
• Ninth. When any member is called to order by the President or any member, he shall sit down, and every question of order shall be decided by the President without debate, subject to an appeal to the body.
• Tenth. If any member be called to order by another member for words spoken, the exceptionable words spoken shall immediately be taken down in writing, that the President may be better able to judge the matter.
• Eleventh. No member shall in debate use any language reflecting injuriously upon the character, motives, honor, or integrity of any other member.
• Twelfth. No motion shall be debated until the same shall receive a second; and when a motion shall be made and seconded it shall be reduced to writing, if desired by the President or any member, delivered in at the table and read before the same shall be debated.
• Thirteenth. Any motion or proposition may be withdrawn by the mover at any time before a decision, amendment, or other action of the body upon it, except a motion to reconsider, which shall not be withdrawn without leave of the body.
• Fourteenth. When a question has been once made and carried in the affirmative or negative a motion to reconsider shall be entertained at the instance of any State, if made on the same day on which the vote was taken, or within the two next days of actual session. When a motion to reconsider shall be made its consideration shall take precedence of the regular order of business, unless a majority of the members present shall fix some other time.

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• Fifteenth. When a question is under debate no motion (except one to reconsider some other question passed upon) shall be received but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit or amend; which several motions shall have precedence in the order they stand arranged, and the motion to adjourn shall always be in order and decided without debate.
• Sixteenth. If the question for decision contain several parts any member may have the same divided, but on a motion to strike out and insert it shall not be in order to move for a division of the question; but the rejection of a motion to strike [out] and insert one proposition shall not prevent a motion to strike out and insert a different preposition, nor prevent a subsequent proposition simply to strike out, nor shall the rejection of a motion simply to strike out prevent a subsequent motion to strike out and insert.
• Seventeenth. In filling up blanks the largest sum and longest time shall be first put.
• Eighteenth. The unfinished business in which the Congress may be engaged on adjournment shall be the first business in order on the next day sitting.
• Nineteenth. After the Journal is read and the unfinished business, if any, of the previous day's sitting is disposed of, the regular order of business shall be as follows:
  • First. The call of the States alphabetically, for memorials or any matter, measure, resolution, or proposition which any member may desire to bring before Congress.
  • Second. The call of committees for reports--the call of the committees to be made in the order of their appointment. Such reports of committees as may not be otherwise disposed of when made shall be numbered in the order in which they are presented and be placed in that order on the Calendar of the regular orders of the day.
  • Third. The Calendar, or the regular orders of the day, shall then be taken up and every resolution, proposition, or measure shall be disposed of in the order in which it there stands. No special order shall be made against this rule, except by a vote of a majority of the States, and such majority may, at any time, change the order of business.
• Twentieth. Every resolution or measure submitted for the action of Congress shall receive three regular readings previous to its being passed. The President shall give notice at each reading whether it be the first, second, or third reading. No resolution or measure shall be committed or amended until it shall have been twice read, after which it may be subject to motion to amend or to refer to a committee. And all such matters on second reading shall first be considered by the Congress in the same manner as if Congress were in Committee of the Whole. The final question on the second reading of any matter not referred to a committee shall be, "whether it shall be engrossed and read a third time," and no amendment shall be received after the engrossment for a third reading has been ordered. But it shall at all times be in order, before the final passage or action on any matter, to move its commitment, and should such commitment take place, and any amendment be reported by the committee, the whole shall be again read a second time and considered as in Committee of the Whole, and then the aforesaid question shall be again put.
• Twenty-first. After any matter is ordered to be engrossed and it has been read a third time, the question shall be, Shall the resolution (or the matter, whatever it may be) now pass?
• Twenty-second. All resolutions or other matter on the second and third reading may be read by the title, unless the reading of the whole shall be desired by a majority of those present.
• Twenty-third. The titles of resolutions and other matters submitted, and such parts thereof only as shall be affected by proposed amendments, shall be inserted on the Journals.
• Twenty-fourth. No motion for the previous question shall be entertained, but upon the call of any member for the question, if seconded by a majority of the members present, the vote shall be immediately taken on the pending question, whatever it may be, without further debate.
• Twenty-fifth. A motion to lay any amendment on the table prevailing, shall carry with it only the amendment, and not the original proposition or matter
• Twenty-sixth. Stenographers and reporters for the press wishing to take down the proceedings of Congress may be admitted, by the President, who shall assign such places to them on the floor to effect their object as shall not interfere with the convenience, of members in open session.
• Twenty-seventh. On motion made and seconded by another member to close the doors on the discussion of any business which may, in the opinion of a member, require secrecy the President shall direct the doors to be closed and the gallery to be cleared, and during the discussion of such question no one shall be permitted to remain upon the floor but the members of the body and its officers.

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• Twenty-eighth. Any officer or member of the Congress convicted of disclosing any matter directed by the body to be held in confidence, shall be liable, if an officer, to be dismissed from service; and in case of a member, to suffer expulsion from the body.
• Twenty-ninth. All cases that may arise in the proceedings of this Congress not provided for in the foregoing rules shall be governed by the general principles of parliamentary law as laid down in Jefferson's Manual.

On motion of Mr. Kenner, the twenty-fourth rule was amended by striking out the word "members" and inserting in lieu thereof the word "States."

On motion of Mr. Memminger, the report of the committee as amended was adopted and ordered to be printed in pamphlet form for the use of the Congress.

Mr. Curry offered the following resolution, to wit:

Resolved, That Messrs. Shorter and Reid be appointed printers to this Congress while it holds its sessions in Montgomery, and that [all] the work to be done shall, in style and quality, equal that done for the State of Alabama, and shall be paid for at the same proportionate rates of compensation;
which was taken up, read three times, and adopted.

Mr. Nisbet offered the following resolution; which was taken up, read three times, and adopted, to wit:

Resolved, That the reverend clergy of this city be, and they are hereby, invited to open the sessions of the Congress with prayer; and that a committee of three, selected from the Alabama delegation, be appointed by the Chair to extend to them this invitation, and to arrange with them for the performance of the service.

The committee appointed by the President are Messrs. Chilton, Hale, and Curry.

On motion of Mr. Stephens, the Congress agreed that the hour for meeting each day shall be 12 o'clock until otherwise ordered.

On motion of Mr. Chesnut, the States were called in alphabetical order for the purpose of the presentation of resolutions; when Mr. Memminger of South Carolina offered the following resolutions, to wit:

Resolved, That this convention deems it expedient forthwith to form a Confederacy of the States which have seceded from the Federal Union, and that a committee be appointed to report a plan of a provisional government for the same upon the basis of the Constitution of the United States.

• Second. That the committee consist of thirteen members, to be appointed as follows, namely: The chairman by the convention and two members to be nominated by the delegation from each State.
• Third. That all propositions in relation to the provisional government be referred to this committee.

The same having been read twice, on motion of Mr. Stephens was amended by striking out in the first and second resolutions the word "convention" and substituting in lieu thereof the word "Congress."

Mr. Bartow moved to amend by striking out the original resolutions and inserting in lieu thereof the following, to wit:

Whereas the States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana have dissevered the political ties which bound them to the compact of Union known as the United States of America; and through duly authorized delegates are now assembled in a Congress of sovereign States to provide for their common defense, to promote their general welfare, and to establish an enduring government, by which their rights, domestic tranquillity, and social institutions may be forever maintained, looking to the concurrence of such of their late confederates as may unite with them for these great objects; and

Whereas this Congress is empowered to establish a provisional government until a permanent constitution and government can be constructed;

Resolved, That a committee to consist of two delegates to be selected by each State

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be appointed, to report as soon as possible a form and plan for a provisional government to be adopted by this Congress.

Mr. Barry moved to amend the amendment offered by Mr. Bartow;

When,

On motion of Mr. Perkins, the Congress went into secret session; and after spending some time therein, adjourned until 12 o'clock to-morrow.

SECRET SESSION.

The Congress having gone into secret session,

Mr. Withers moved that the Journal of yesterday be corrected by striking out the prefix "honorable" wherever it occurs in connection with the name of any member of the Congress; and the same was unanimously agreed to.

The question pending being on Mr. Barry's amendment to Mr. Bartow's amendment to Mr. Memminger's resolutions,

Mr. T. R. R. Cobb offered an amendment to Mr. Bartow's amendment; which was read by unanimous consent, viz:

And be it further resolved, That the committee thus appointed be instructed in framing the provisional government to provide--

• First. For a single executive head, with the powers of the President of the United States.
• Second. For a vice-president.
• Third. For the continuance of this Congress as the legislative branch of this provisional government, so long as may be necessary, not exceeding twelve months.

Mr. Kenner offered the following resolution; which was also read by unanimous consent, viz:

Resolved, That it be the sense of this Congress that the legislation necessary to a full and complete putting in action and carrying on the provisional government contemplated by the various State conventions sending delegates to this Congress belongs to and forms a part of the duties incumbent upon the members of this Congress.

The Chair announced the question to be on Mr. Cobb's amendment to Mr. Bartow's amendment to the resolutions offered by Mr. Memminger.

Mr. Boyce offered the following resolutions by way of substitute for the resolutions of Mr. Memminger; which were by unanimous consent read for information, viz:

• Resolved, First. That the Constitution of the United States be adopted as the basis of the provisional government, with as few alterations an possible.
• Second. That a president and vice-president be immediately elected.
• Third. That a senate and house of representatives be immediately appointed by this body to execute the provisional government.

Mr. Hale offered a resolution as follows:

Resolved, That the Congress proceed as early an possible to organize a provisional government by the appointment of a president and vice-president, and organize the executive, department of the government; and that this body exercise all necessary legislative power until such time as the regular legislative department of the government can be organized on the principles of the late United States;
which was by unanimous consent read for information.

Mr. Memminger moved to amend the amendment of Mr. Cobb by striking out the third proposition thereof, said proposition being in the words following:

For the continuance of this Congress as the legislative branch of this provisional government, so long as may be necessary, not exceeding twelve months;
which motion was entertained by unanimous consent.

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Mr. Memminger moved to lay on the table all the amendments to his resolutions; and the vote having been taken, there were yeas 3, nays 3; so the motion was lost, the States voting as follows:

Yea: Florida, Mississippi, and South Carolina.

Nay: Alabama, Georgia, and Louisiana.

The question recurred on Mr. Memminger's motion to amend the amendment of Mr. Cobb by striking out the third proposition thereof; and the vote having been taken thereon, stood yeas 4, nays 2, the States voting as follows:

Yea: Alabama, Florida, Mississippi, and South Carolina.

Nay: Georgia and Louisiana.

So the amendment was adopted and the third proposition of Mr. Cobb's amendment was stricken out.

The question was now on Mr. Walker's amendment to Mr. Cobb's amendment; which motion was entertained by unanimous consent, and is in the words following:
until a provisional congress, consisting of a senate and house of representatives, elected in the manner prescribed by the Constitution of the United States, shall be assembled and organized in pursuance of such provisions for that purpose as shall be made by this Congress, which provisions shall be reported by the committee as part of the plan for a provisional government.

And the amendment was lost--Yeas 2, nays 4, the States voting as follows:

Yea: Alabama and South Carolina.

Nay: Florida, Georgia, Louisiana, and Mississippi.

Mr. Cobb then withdrew his amendment.

Mr. Barry withdrew his amendment.

The question recurred on the amendment of Mr. Bartow, and the same was lost--Yeas 2, nays 4, the States voting as follows, to wit:

Yea: Georgia and Louisiana.

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

The question was now on the resolutions of Mr. Memminger; and the same having received three several readings, were adopted--Yeas 5, nay 1, the States voting as follows:

Yea: Alabama, Florida, Louisiana, Mississippi, and South Carolina.

Nay: Georgia.

Mr. Barry offered the following resolutions; which were referred to the committee raised under Mr. Memminger's resolutions:

• (1) Resolved, That this convention will proceed to the establishment of a provisional government.
• (2) Resolved, That for such provisional government the Constitution of the United States of America shall be adopted, with those alterations of form and detail which may be necessary to adapt it to the necessities of our situation.
• (3) Resolved, That for such provisional government a president and vice-president shall be elected by this convention to hold their offices under such appointment until an election shall be made by the States of the Confederacy, to be formed on the call of this convention, and until their successors are inaugurated.
• (4) Resolved, That in said constitution, or by ordinance to be adopted by this body, the calling of a convention to revise and remodel said constitution shall be provided for; the time of its assemblage to be fixed with reference to such condition of public affairs as shall be favorable to a tranquil consideration of the subject, and to allowing ample time for the final action of those States which have not united with the seceding States, and which have or may contemplate such course.
• (5) Resolved, That on the adoption of such constitution temporarily, this convention will recommend the States here represented to send Senators and Representatives to the Congress provided for in such constitution as speedily as possible to be appointed by said States in any manner they may adopt, and until the meeting of the Congress this convention will take such legislative action as the public safety may require.

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• (6) Resolved, That such provisional government under the said constitution shall continue the government of the Confederacy formed under it until it is altered, amended, or superseded by the convention provided for in the fourth resolution, or other legitimate, popular action.

By unanimous consent, the resolutions of Mr. Memminger were so modified as to raise a committee of twelve instead of thirteen, each State appointing two members, and the selection of a chairman was in the same manner devolved on the committee.

Mr. Chilton offered the following resolutions:

• (1) Resolved, That two stenographers be appointed by the President of this Congress to take down its proceedings and debates, and who, upon taking an oath not to disclose any matter directed by the body to be held in confidence, shall be admitted to such seats on the floor as the President may assign them, as well during the secret as the open sessions of this body.
• (2) Resolved, That the printers who have been elected to this body, upon taking the oath prescribed in the first resolution for stenographers, be allowed to remain in the body during its secret sessions;

Mr. Stephens offered the following resolution:

Resolved, That the Secretary keep two Journals of this body, one for the proceedings in open session and one for proceedings within closed doors. The Journal of the proceedings in open session only shall be read in public on the meeting of the daily sessions.

And the same, having received three several readings, was adopted.

On suggestion of the President, the several States appointed, under Mr. Memminger's resolutions, members of the committee of twelve, as follows:

• From the State of Alabama--Mr. Walker and Mr. Smith.
• From Florida--Mr. Anderson and Mr. Owens.
• From Georgia--Mr. Stephens and Mr. Nisbet.
• From Louisiana--Mr. Perkins and Mr. Kenner.
• From Mississippi--Mr. Barry and Mr. Harris.
• From South Carolina--Mr. Memminger and Mr. Barnwell.

On motion of Mr. Withers,

The Congress adjourned until 12 o'clock to-morrow.

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