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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 --TENTH DAY--WEDNESDAY, July 31, 1861.
OPEN SESSION.
Congress met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Read.
Congress then resolved itself in secret session.
SECRET SESSION.
A message was received from the President by the hands of his Private Secretary, Mr. Josselyn.
Mr. Johnson of Arkansas offered the following resolution:
Resolved, That a committee be appointed whose duty it shall be to confer with the War Department and to report what additional clerical force, if any, may be needed in that Department, for the prompt dispatch of public business.
Mr. Stephens of Georgia offered the following resolution as an amendment to the resolution of Mr. Johnson, to wit:
Resolved, That the heads of the various Departments be requested to set apart certain hours in the day for the transaction of business with the members of Congress, to the exclusion of other business.
Mr. Brooke of Mississippi moved to lay the resolution and amendment on the table; which motion was lost.
Mr. Stephens demanded the question; which was upon agreeing to the amendment as offered by him.
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The call for the question being sustained, the question was put and the amendment agreed to.
The original question was then put, to wit: upon agreeing to the resolution of Mr. Johnson, and the resolution was agreed to.
Mr. Curry of Alabama offered.
A resolution instructing the Committee on the Judiciary to inquire whether any legislation is necessary to enable persons, citizens of the Confederate States, who, at the commencement of the war, were in partnership with persons who are alien enemies, to collect partnership claims and to dispose of partnership effects, and to report by bill or otherwise;
which was read and agreed to.
Mr. McRae of Alabama presented the memorial of Thomas Ellison, of Alabama; which was referred to the Committee on Claims, without being read.
Mr. Russell of Virginia presented the memorial of Peters & Reed, of Portsmouth, Va.; which was referred to the Committee on Finance, without being read.
Mr. Nisbet of Georgia introduced
A resolution instructing the Committee on Foreign Affairs to inquire into the expediency of providing by law for sending and accrediting ministers of the Confederate States to the several Governments of England, France, and Spain;
which was read and agreed to.
The Chair presented a communication from the President, transmitting to Congress the report of Lieut. Col. James H. Burton, superintendent of the armory in Richmond; which was read and referred to Committee on Military Affairs.
The Chair presented a communication from the President; which was read and referred to the Committee on Naval Affairs as follows, to wit:
Richmond, July 30, 1861.
Hon. Howell, Cobb,
President of Confederate Congress, C. S. A.
Sir: I have the honor to acknowledge the resolution of inquiry of this date in relation to hostile preparations for descent of the river Mississippi, and whether preparations for defense against such threatened attack have been made, with advice as to the mode of adopting a plan for that purpose, and in reply have to state that the only information I have in relation to the described preparations for descent, is derived from public newspapers and rumors; they had, however, such stamp of credibility as to induce to measure to repel the attack if attempted. Estimates have been prepared by the Secretary of the Navy for means described in the accompanying report, and which, in conjunction with the land batteries constructed and others devised, will, it is hoped, be adequate for the needful protection.
JEFFERSON DAVIS.
The Chair presented a communication from the President, transmitting to Congress a joint resolution of the legislature of the State of Tennessee in relation to the defense of the Mississippi Valley; which was read and referred to the Committee on Naval Affairs.
Mr. Chesnut, from the Committee on Naval Affairs, presented
A bill to authorize the distribution of the proceeds of the sale of the ship A. B. Thompson as a prize;
which was engrossed, read third time, and passed.
Mr. Shorter of Alabama, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act in relation to money deposited in the registries and receivers of the courts; also
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An act further to amend an act entitled "An act to establish the judicial courts of the Confederate States of America."
Mr. T. R. R. Cobb, from the Committee on the Judiciary, reported back
An act to amend an act to establish the judicial courts of the Confederate States of America,
with the recommendation that it pass.
The bill was engrossed, read third time, and passed.
Mr. T. R. R. Cobb of Georgia, from the Committee on the Judiciary, to whom was referred
A resolution inquiring into the expediency of protecting by law citizens of the States of Missouri, Kentucky, Maryland, Delaware, and the District of Columbia who may be taken prisoners by the United States Government on account of their sympathies with the Confederate States in the present struggle,
reported that the committee deemed an act already in force sufficient for the protection of the parties referred to, and asked to be discharged from the further consideration of the same, and that the resolution lie on the table; which was agreed to.
Mr. Harris of Mississippi, from the Committee on the Judiciary, reported
A bill entitled "An act respecting alien enemies,"
with the request that the same be printed and placed on the Calendar.
Mr. Miles of South Carolina, from the Committee on Military Affairs, reported back the memorial of Samuel Jones, colonel in the Provisional Army, with the request that it be referred to the Committee on Claims; which was agreed to.
Mr. Miles of South Carolina, from the Committee on Military Affairs, reported back a letter from General Fauntleroy in regard to the pay of resigned officers, asked to be discharged from the further consideration of the same, and that the letter be referred to the Committee on the Judiciary; which was agreed to.
Mr. Gregg of Texas, from the Committee on Claims, reported
A bill to be entitled "An act to provide a mode of authenticating claims for money against the Confederate States not otherwise provided for."
Mr. T. R. R. Cobb of Georgia moved to reconsider the vote referring the letter of General Fauntleroy to the Committee on the Judiciary.
The motion prevailed.
There being no other business before Congress, the Calendar was taken up, when Mr. Wright of Georgia called for the consideration of
A bill to be entitled "An act to amend the eighth section of an act to provide for the public defense."
Mr. Miles of South Carolina moved to recommit the bill to the Committee on Military Affairs.
The motion prevailed.
The Congress took up for consideration the bill to prevent the importation of African negroes from any foreign country other than the slaveholding States of the United States, and to punish persons offending therein.
The fourth section thereof having been read, as follows:
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States, in which suit a sum may be demanded and recovered by action of debt, in the name of the Confederate States, sufficient to defray the expenses of said African negroes while in the Confederate States, and to pay the costs of transporting the negroes so imported in such vessel back to the kingdom, state, or country from which they were brought, in such manner as the court may direct, in which such recovery shall be had.
Mr. Harris, from the Committee on the Judiciary, moved to amend the same by striking out all after the word "brought" and inserting the following words, to wit:
Any person who shall be found in possession of any African negro or negroes, imported contrary to the provisions of this act, shall be liable to suit in like manner as hereinbefore directed, and to the recovery of such sum as may be requisite to carry such negro or negroes so found in his possession back to the kingdom, state, or country from which they were brought.
On motion of Mr. Keitt, the amendment was amended by inserting after the words "African negro or negroes" the words "knowing them to be."
The amendment as amended was agreed to, and the section as amended reads as follows, viz:
Mr. Johnson of Arkansas moved to postpone the bill indefinitely.
The motion was lost.
Mr. Johnson of Arkansas moved to postpone the bill and make it the special order for Monday next.
The motion prevailed.
Congress took up for consideration the bill to regulate the purchase of stationery, blank books, etc., for custom-houses; which, on motion, was postponed for the present.
Congress took up for consideration the bill to change the law in relation to the clerical force of the War Department; which, on motion of Mr. Miles, was postponed for the present.
Congress took up for consideration the bill to extend the provisions of an act to prohibit the exportation of cotton from the Confederate States, etc., approved May 21, 1861; which, on motion of Mr. Macfarland, was postponed and made the special order of the day for to-morrow.
Congress took up for consideration the bill making temporary provision for naturalizing as citizens of the Confederate States such persons now citizens of the States of Kentucky, Missouri, Maryland, and Delaware, respectively, as may desire so to become.
The first section having been read,
On motion of Mr. Mason, the same was amended so as to include in the provisions thereof the citizens of the District of Columbia.
Mr. Hemphill moved to amend the section requiring the citizens of the States referred to therein to take an oath renouncing "all allegiance
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to the United States of America," etc., by striking out the word "allegiance" and inserting in lieu thereof the word "obedience."
The motion prevailed.
Mr. Waul, at the instance of the State of Texas, moved to reconsider the action of Congress on the motion of Mr. Hemphill, immediately preceding.
The motion prevailed.
The consideration of the bill, on motion of Mr. Mason, was then postponed for the present.
Mr. Ochiltree offered the following resolution; which was agreed to, viz:
Resolved, That the Committee on Postal Affairs inquire into the expediency of prohibiting by law the transmission of letters or other written communications from the Confederate States to any of the United States by express companies or individuals, except under such safeguards as may be provided by law.
On motion of Mr. Garland,
Congress adjourned until to-morrow, at 12 o'clock m.
EXECUTIVE SESSION.
Congress being in executive session,
Mr. T. R. R. Cobb, from the Committee on the Judiciary, to whom was referred the communication of the President, transmitting, on the 25th of July, 1861, a list of appointments for judges, attorneys, and marshals for the several districts therein respectively named, reported that the committee recommended that Congress advise and consent to nominations therein named.
The report was agreed to,
And Congress advised and consented to the nominations.
Congress resumed legislative session.
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