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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 --FOURTEENTH DAY--MONDAY, August 5, 1861.
OPEN SESSION.
Congress met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Burrows.
Mr. Jones of Alabama asked leave of absence for his colleague, Mr. Davis, on account of sickness; which was granted.
Congress resolved itself in secret session.
SECRET SESSION.
Congress being in secret session,
Mr. Rhett moved to postpone the special order of the day in order to receive the reports of committees.
The motion was agreed to.
Mr. Rhett, from the Committee on Foreign Affairs, reported
A bill to empower the President of the Confederate States to appoint additional commissioners to foreign nations;
which was read first and second times, ordered to be printed, and placed on the Calendar.
Mr. Rhett, from the Committee on Foreign Affairs, to whom was referred
A resolution of inquiry respecting the expediency of laying a duty of 15 per cent ad valorem, in addition to the duties imposed by the tariff of May 21, 1861, etc.,
reported that the committee deemed it inexpedient to legislate further upon the subject, asked to be discharged from its further consideration, and that the resolution lie upon the table; which was agreed to.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to provide for the safe custody, printing, publication, and distribution of the laws, and to provide for the appointment of an additional clerk in the Department of Justice; and
An act to authorize advances to be made in certain cases.
Mr. Conrad, from the Committee on Naval Affairs, reported
A bill to provide for the defense of the Mississippi River.
The bill was read the first and second times and, on motion, ordered to be printed and placed on the Calendar.
Mr. Conrad, from the Committee on Naval Affairs, reported
A bill to authorize impressments of property in certain cases;
which was read the first and second times, ordered to be printed, and placed on the Calendar.
Mr. Johnson of Arkansas, from the Committee on Military Affairs, reported
A bill to give aid to the people and State of Missouri;
which was read the first and second times, engrossed, read the third time, and passed.
Mr. Johnson of Arkansas, from the Committee on Military Affairs, to whom was referred
A resolution authorizing the Secretary of War to furnish supplies to certain troops,
reported the same back, with the recommendation that it pass.
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The resolution was engrossed, read the third time, and passed.
Mr. Johnson of Arkansas, from the Committee on Military Affairs, to whom was referred
A resolution authorizing the Secretary of War to furnish transportation for certain troops,
reported the same back, with the recommendation that it pass.
Mr. Russell moved to amend the resolution by inserting after the word "Delaware" the words "or from any part of the Confederate States which shall be in possession of the enemy, so that enlistments and organizations can not there be made."
Mr. Barry moved to amend the amendment by adding the words "and all who shall join any regiment or battalion already in service, shall be entitled to transportation from the place where the company thus joining shall have been formed," and to recommit the resolution with the amendments to the Committee on Military Affairs.
Mr. Brockenbrough demanded the question; which being sustained, the question was put and the resolution and amendments were recommitted.
A message was received from the President by the hands of his Private Secretary, Mr. Josselyn, informing Congress that the President has this day approved and signed
An act to provide for the safe custody, printing, publication, and distribution of the laws, and to provide for the appointment of an additional clerk in the Department of Justice; also
An act to authorize advances to be made in certain cases.
Mr. Kenan, from the Committee on Military Affairs, to whom had been referred
A bill further to provide for the public defense,
reported the same back, with a recommendation that it do pass.
Mr. Conrad moved to amend the same by striking out the words "three years or twelve months" and inserting in lieu thereof the words "for a period not less than twelve months or more than three years."
The amendment was agreed to and the bill ordered to be engrossed.
Mr. Barry moved to reconsider the vote by which the bill was ordered to be engrossed; which motion prevailed.
Mr. Perkins moved that the bill be printed, placed on the Calendar, and made the special order of to-morrow, and demanded the question.
The demand for the question being seconded, the bill was ordered to be printed, placed on the Calendar, and made the special order of to-morrow.
Mr. Johnson of Arkansas, from the Committee on Military Affairs, to whom was recommitted the resolution authorizing the Secretary of War to furnish transportation for certain troops, together, with the amendments offered thereto, reported the following resolution, to wit:
Resolved, That the Secretary of War be, and is hereby, authorized to pay for transportation proper and necessary in his discretion for all troops or volunteers from Kentucky, Maryland, Delaware, or Missouri coming to the Confederate States to enlist or volunteer and who do actually enlist or volunteer; and also that this provision be extended so as to embrace troops or volunteers coming from any part of the Confederate States in the possession of the enemy.
The report was agreed to, and the resolution read first and second times, engrossed, read the third time, and passed.
Mr. Miles, from the Committee on Military Affairs, reported
A bill to authorize the President of the Confederate States to grant
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commissions to raise volunteer regiments and battalions, composed of persons who are or have been residents of the States of Kentucky, Missouri, Maryland, and Delaware,
with the recommendation that it pass.
The bill was read first and second times, engrossed, read third time, and passed.
Mr. Brooke, by unanimous consent, reported
A bill to amend an act entitled "An act to establish a patent office, and to provide for the granting and issue of patents for new and useful discoveries, inventions, improvements, and designs;"
which was read first and second times, ordered to be printed, and placed on the Calendar.
Mr. Harris, by unanimous consent, presented a communication from the Superintendent of the Telegraph; which was referred to the Committee on Military Affairs, without being read.
Mr. Brooke, by unanimous consent, offered a resolution instructing the Committee on Military Affairs to inquire if any legislation is necessary to secure the small arms captured from the enemy at Manassas on the 21st ultimo, and to report by bill or otherwise; which was read and agreed to.
Mr. Rhett, by unanimous consent, offered
A resolution instructing the Committee on Postal Affairs to inquire whether by the act of 28th of February, 1861, the tax of 2 cents is properly applicable to newspapers sent through the mail in packages or bundles;
which was read and agreed to.
Mr. Mason, by unanimous consent, offered and moved the adoption of the following resolutions, to wit:
Resolved, That the thanks of Congress are eminently due, and are hereby cordially given, to General Joseph E. Johnson and General Gustave T. Beauregard, and to the officers and troops under their command, for the great and signal victory obtained by them over forces of the United States, far exceeding them in number, in the battle of the twenty-first of July at Manassas, and for the gallantry, courage, and endurance evinced by them in a protracted and continuous struggle of more than ten hours; a victory, the great results of which will be realized in the future successes of the war, and which in the judgment of Congress entitles all who contributed to it to the gratitude of their country.
Resolved, That the foregoing resolution be made known in appropriate general orders by the generals in command to the officers and troops to whom they are addressed.
The resolutions were read first and second times, engrossed, read third time, and unanimously passed.
Mr. Scott, by unanimous consent, introduced
A resolution instructing the Committee on Finance to inquire into the expediency of providing by law for the auditing, by the proper officer of the Treasury Department, of the sums of money due by the Confederate States to the State of Virginia on account of expenditures made by the said State in the prosecution of the war, pursuant to the convention entered into on the 24th day of April, 1861, between the Hon. Alexander H. Stephens, as commissioner of the said Confederate States, and the Hon. John Tyler and others on the part of the convention of Virginia;
which was read and agreed to.
Mr. Russell, by unanimous consent, presented the memorial of certain officers; which was referred to the Committee on Military Affairs, without being read.
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Mr. Chilton, by unanimous consent, presented the petition of merchants and others of Nashville, Tenn., in relation to the tariff on military supplies; which was referred to the Committee on Military Affairs, without being read.
Mr. Chilton, by unanimous consent, presented
A bill to be entitled "An act to authorize the Secretary of War to make a certain payment out of the contingent fund of the War Department;"
which was read first and second times and referred to the Committee on Military Affairs.
The special order was then taken up, which was the consideration of
A bill to be entitled "An act to prevent the importation of African negroes from any foreign countries other than the slaveholding States of the United States, and to punish persons offending therein."
The fifth section being under consideration, the Committee on the Judiciary offered the following amendment to the same, to wit:
After the word "informer," in fifth line, strike out down to the word "into," in seventh line, and insert "All moneys arising from or recovered under any of the provisions of this act shall, after payment of costs, be paid," etc., so the section as amended shall read as follows, to wit:
"Every ship, vessel, boat, or other water craft on which such African negroes shall have been taken on board, received, or transported as aforesaid, her tackle, apparel, furniture, and lading shall be forfeited, one moiety to the Confederate States, after paying all costs, and the other to the informer. All moneys arising from or recovered under any of the provisions of this act shall, after payment of costs, be paid into the Treasury of the Confederate States, and shall be applied, under the direction of the Secretary of the Treasury, to the transporting such African negroes so illegally imported back to the kingdom, state, or country from which they were brought."
The amendment was agreed to.
The seventh section being under consideration, the Committee on the Judiciary offered the following amendment, to wit:
At the close of section 7 insert: "All suits and prosecutions under this act shall be conducted by the district attorney of the district in which the proceeding is had; and for every conviction he shall be allowed a fee of twenty-five dollars, which shall be taxed against the defendant. But when there is more than one prosecution against the same defendant, if he shall prove unable to pay the costs, the Confederate States shall only be bound to pay one such fee. He shall also be allowed three per cent on such moneys by him so recovered and paid into the Treasury," so that the section as amended shall read as follows, to wit:
The amendment was agreed to.
Mr. Hill moved to amend the bill by adding the following as a section, viz:
No portion of this act shall be construed to prohibit the reintroduction of any African slave or slaves into any State or Territory of the Confederate States who may have escaped or been carried away from either of said States or Territories to the sea or to any foreign kingdom, place, or country.
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Mr. Conrad moved to postpone the bill and pending amendment till the next session; which motion prevailed.
The next special order having been taken up, viz:
A bill to prohibit the introduction of slaves from any State not a member of this Confederacy, etc.,
was on motion postponed until the next session.
The next bill on the Calendar being taken up, viz:
A bill to prescribe uniform rules of naturalization, etc.,
was on motion postponed until the next session.
The next bill on the Calendar being taken up, viz:
A bill regulating the purchase of stationery, etc.,
was on motion postponed until next session.
The next bill on the Calendar being taken up, viz:
A bill to change the clerical force in the War Department, etc.,
was on motion postponed for the present.
The bill reported by Mr. Conrad, from the Committee on Naval Affairs, having been taken from the Calendar for consideration, viz:
A bill to provide for the construction of a newly invented implement of war,
Mr. Harris moved to amend by inserting after the words "the President be, and he is hereby, authorized" the words "in his discretion."
The amendment was agreed to.
Mr. Johnson of Arkansas demanded the question, which was upon ordering the bill to be engrossed.
The demand being sustained, the vote, taken by States, resulted as follows, to wit:
Yea: Arkansas, Georgia, Louisiana, North Carolina, Texas, and Virginia, 6.
Nay: Alabama, Florida, Mississippi, and South Carolina, 4.
So the bill as amended was engrossed, read the third time, and passed.
On motion of Mr. Garland,
Congress then adjourned until 12 o'clock to-morrow.
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