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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 --TWENTY-EIGHT DAY--WEDNESDAY, August 21, 1861.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
TWENTY-EIGHT DAY--WEDNESDAY, August 21, 1861.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Ryland.

Mr. Ochiltree offered the following preamble and resolutions; which were read and unanimously adopted, to wit:

Preamble and resolutions concerning Brigadier-General Ben. McCulloch.

Whereas it has pleased Almighty God to vouchsafe to the arms of the Confederate States another glorious and important victory, in a portion of the country where a reverse would have been disastrous by exposing the families of the good people of the State of Missouri to the unbridled license of the brutal soldiery of an unscrupulous enemy: Therefore, be it

Resolved by the Congress of the Confederate States of America, That the thanks of Congress are cordially tendered to Brigadier-General Ben. McCulloch and the officers and soldiers of his brave command for their gallant conduct in defeating, after a battle of six and a half hours, a force of the enemy equal in numbers and greatly superior in all their appointments; thus proving that a right cause nerves the hearts and strengthens the arms of the Southern people, tighting, as they are, for their liberty, their homes, and firesides, against an unholy despotism.

Resolved, That in the opinion of Congress General McCulloch and his gallant troops are entitled to, and will receive, the grateful thanks of our people.

Resolved, That the foregoing resolutions be communicated to that command by the proper department.

Congress then resolved itself into secret session.


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SECRET SESSION.

Congress being in secret session,

A message was received from the President by the hands of his Private Secretary, Mr. Josselyn, informing Congress that the President on yesterday approved and signed

An act to aid the State of Missouri in repelling invasion by the United States, and to authorize the admission of said State as a member of the Confederate States of America, and for other purposes; also

An act to empower the President of the Confederate States to appoint additional commissioners to foreign nations.

Mr. Walker offered the following resolutions, to wit:

Mr. Crawford moved to divide the question; which was agreed to.

And the question being put, which was upon agreeing to the first resolution, the same was agreed to.

The second resolution having been taken up,

Mr. Thomason moved to postpone indefinitely the consideration of the same.

The motion was agreed to.

Mr. Curry offered the following resolution; which was read and agreed to, wit:

Resolved, That the Committee on Printing whether the Bureau of Printing can not be dispensed with for the present; and if not, whether the expenses of its administration can not be materially diminished without detriment to the public, with leave to report by bill or otherwise.

Mr. Morton introduced the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Finance be instructed to inquire into the policy of granting aid to the State of Florida, by a loan of money, to be used and applied by the authorities of the State for military purposes.

Mr. Foreman offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Finance be instructed to inquire into and report by bill or otherwise as to the expediency of opening all the ports of the Confederate States to commerce with nations at peace with it to free trade.

Mr. T. R. R. Cobb introduced

A bill to authorize the establishment of recruiting stations for the Provisional Army under certain circumstances;
which was read first and second times and referred to the Committee on Military Affairs.

Mr. Memminger introduced

A bill to provide a temporary substitute for engraved Treasury notes;
which was read first and second times, placed on the Calendar, and ordered to be printed.

Mr. Mason offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Foreign Affairs be instructed to inquire whether tobacco or other produce of any of the Confederate States has been exported from


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any of the ports of those States by sea, since the declaration of the blockade, and if so, what legislation is necessary, if any, to prohibit the same, and the committee have power to send for persons and papers.

Mr. Brockenbrough offered the following resolutions, to wit:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of adopting for the use and protection of our Army the plan of a "portable breastwork" invented by H. T. Hartman, of Rockbridge County, Virginia.

Resolved, That the letter of the inventor addressed to a member of this House explaining the merits of the invention be referred to the same committee.

Mr. Brockenbrough offered the following resolution; which was read and agreed to, to wit:

Resolved, That the Committee on Claims be instructed to inquire into the expediency of continuing the payment of pensions heretofore paid by the Government of the United States for military or naval services to such of said pensioners as are citizens of the Confederate States.

Mr. Macfarland presented the memorial of Jos. Myers; which was referred to the Committee on Naval Affairs, without being read.

Mr. Barnwell, from the Committee on Finance, reported

A bill to be entitled "An act making appropriations to carry into effect section two of an act approved May twenty-first, eighteen hundred and sixty-one, entitled 'An act to define with more certainty the meaning of an act entitled "An act to fix the duties on articles therein named,"' approved March fifteenth, eighteen hundred and sixty-one," and recommended the passage of the same.

The bill was read first and second times, engrossed, read third time, and passed.

Mr. Barnwell, from the same committee, reported and recommended the passage of

An act to be entitled "An act to repeal the fourth and fifth sections of an act to regulate [foreign coins] in the Confederate States of America;"
which was read first and second times, placed on the Calendar, and ordered to be printed.

Mr. Miles, from the Committee on Military Affairs, to whom was referred the preamble and resolutions of a meeting of the citizens of Wilmington, N. C., reported the same back, asked to be discharged from the further consideration of the same, and that the resolutions lie on the table; which was agreed to.

Mr. Miles, from the same committee, to whom was referred resolutions inquiring into the expediency of building certain military roads, reported the same back, asked to be discharged from their further consideration, and that the resolutions lie on the table; which was agreed to.

Mr. Miles, from the same committee, to whom was referred

A resolution of inquiry as to what legislation was necessary to prevent depredations on private property by the Confederate Army, reported the same back, asked to be discharged from its further consideration, and that the resolution lie on the table; which was agreed to.

Mr. Miles, from the same committee, reported and recommended the passage of

A bill to authorize the President to continue the appointments made by him in the military and naval service during the recess of Congress or the present session, and to submit them to Congress at its next session;


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which was read first and second times, placed on the Calendar, and ordered to be printed.

The hour of 12 m. having arrived,

Mr. Miles moved to postpone the consideration of the special order, for the purpose of continuing the call of committees for reports, etc.

The motion was agreed to.

Mr. Miles, from the Committee on Military Affairs, to whom was referred the communication of the Secretary of War transmitting to Congress the reports of the various battles fought by the Confederate Army, reported the same back, and the following resolution; which was read and agreed to, to wit:

Resolved, That the Secretary of War be, and he is hereby, authorized to publish from time to time, for the information of the country, such official reports of battles, engagements, and military operations as in his opinion it may be judicious and proper to make public.

Mr. Miles, from the same committee, to whom was referred

A bill to aid in the completion of a railroad for war and defensive purposes,
reported same back, that in the opinion of the committee legislation on the subject was inexpedient, asked to be discharged from its further consideration, and that the bill lie on the table; which was agreed to.

Mr. Miles, from the same committee, reported back and recommended the passage of

A bill authorizing the President to regulate and take control of railroads in certain cases;
which was read first and second times, placed on the Calendar, and ordered to be printed.

Mr. Miles, from the same committee, reported and recommended the passage of

An act to authorize the appointment of supernumerary lieutenants in the Provisional Army.

Mr. Walker moved to amend by adding the following words, to wit: "Provided, That no person under the age of twenty-one years shall be appointed under this act."

Mr. T. R. R. Cobb moved to amend the amendment by adding the following, to wit:

Provided further, That all such appointees shall be at least eighteen years of age and shall have received a military education for at least two years at some military institute within the Confederate States, and that no such supernumeraries shall be attached to any regiment without the request of the commanding officer.

Mr. Curry called the question, which was upon agreeing to the amendment to the amendment; which was seconded; and the question being put, the amendment to the amendment was not agreed to.

Mr. Memminger called the question, which was upon agreeing to the amendment offered by Mr. Walker; which was seconded; and the question being put, the amendment was not agreed to.

Mr. Curry moved to amend by adding the following words, to wit: "Provided, That no person under twenty years of age shall be appointed under this act."

Mr. Avery moved to lay the amendment on the table; and the vote having been taken thereon by States, resulted as follows, to wit:

Yea: Arkansas, Florida, Georgia, Louisiana, North Carolina, South Carolina, Tennessee, and Virginia, 8.


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Nay: Alabama, Mississippi, and Texas, 3.

So the motion was agreed to.

Mr. Atkins moved to amend by adding as an additional section the following, to wit:

Mr. Memminger called the question; which was seconded; and the question being put, the amendment was not agreed to.

Mr. Walker called the question, which was upon agreeing to the engrossment of the bill for its third reading; which was seconded; and the question being put, the motion was agreed to.

The question then being on the passage of the bill, Mr. Harris, at the instance of the State of Mississippi, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:

Yea: Louisiana, North Carolina, and Virginia, 3.

Nay: Alabama, Arkansas, Georgia, Mississippi, South Carolina, Tennessee, and Texas, 7.

Divided: Florida, 1.

So the bill was lost.

Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled

An act making appropriations for the public defense;

An act making appropriation for the services of physicians to be employed in conjunction with the medical staff of the Army;

An act to authorize payment to be made for certain horses purchased for the Army by Col. A. W. McDonald;

An act to authorize the employment of cooks and nurses, other than enlisted men or volunteers, for the military service;

An act providing for the disposition of unclaimed goods deposited in warehouse, as prescribed by existing laws;

An act to provide for local defense and special service;

An act making appropriation for military hospitals;


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A resolution in relation to the equipments of volunteer cavalry companies;

An act supplemental to an act to put in operation the Government under the permanent Constitution of the Confederate States of America; and

An act to increase the Corps of Artillery, and for other purposes.

Mr. Johnson of Arkansas, from the special committee to whom was referred

A resolution of inquiry as to the necessity of increasing the clerical force in the War Department,
reported and recommended the passage of

A bill to amend an act entitled "An act to create the clerical force of the several [Executive] Departments of the Confederate States of America, and for other purposes," approved March 7, 1861;
which was read first and second times, placed on the Calendar, and ordered to be printed.

Mr. Shorter, by unanimous consent, introduced the following resolution; which was read and agreed to, to wit:

Resolved, That the Secretary of the Congress be authorized to purchase stationery for the use of his department, not to exceed in cost the sum of fifty dollars.

Mr. Gregg, from the Committee on Claims, to whom was referred the petition of W. N. Pass & Co., reported same back, asked to be discharged from its further consideration, and that the petition lie on the table; which was agreed to.

Mr. Gregg, from the same committee, to whom was referred the memorial of the Branch Bank of Virginia, at Portsmouth, reported same back, asked to be discharged from its further consideration, and that the memorial lie on the table; which was agreed to.

Mr. Gregg, from the same committee, to whom was referred the memorial of John E. McWilliams, reported same back, with the recommendation that it be postponed until the end of the war; which was agreed to.

Mr. Gregg, from same committee, to whom was referred the petition of Caroline A. Williamson, reported same back, asked to be discharged from its further consideration, and that the petition lie on the table; which was agreed to.

Mr. Gregg, from the same committee, to whom was referred

A resolution of inquiry as to the propriety of the payment of certain Revolutionary claims,
reported same back, asked to be discharged from its further consideration, and that the resolution lie on the table; which was agreed to.

Mr. Memminger, from the special committee on the removal of the seat of government, reported the following resolution; which was read and agreed to, to wit:

Resolved, That the committee appointed to superintend the removal of the seat of government be authorized to locate the various bureaus and officers in such rooms in the Government buildings as the committee may deem proper.

Congress then resumed the unfinished business of yesterday; which was the consideration of the amendment of Mr. T. R. R. Cobb to the amendment of Mr. Walker to the first section of

A bill to provide for the confiscation and forfeiture of the estates, property, etc., of alien enemies.

Mr. Brooke moved to postpone the further consideration of the bill for the balance of the session.


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The motion was not agreed to.

Mr. Ochiltree moved the appointment of an additional member of the Committee on Pay and Mileage.

The motion was agreed to.

Whereupon, the Chair appointed Mr. Jones of Alabama.

Mr. Chilton called for the consideration of a bill on the Calendar to authorize the Secretary of War to make a certain payment out of the contingent fund of the War Department.

The bill was taken up, engrossed, read third time, and lost.

On motion of Mr. Curry,

Congress then adjourned until 10 o'clock to-morrow morning.

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