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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-NINTH DAY--THURSDAY, August 22, 1861.
OPEN SESSION.
Congress met pursuant to adjournment, and then resolved itself into secret session.
SECRET SESSION.
Congress being in secret session,
Mr. Chilton, from the Committee on Postal Affairs, reported and recommended the passage of
A bill to authorize the Postmaster-General to contract for the carriage of the mails on a route hereafter mentioned;
which was read first and second times, engrossed, read third time, and passed.
Mr. Chilton, from the same committee, to whom was referred the memorial of various route agents, reported same back; asked to be discharged from its further consideration, and that the same lie on the table.
Mr. Chilton, from the same committee, to whom was referred the memorial of certain citizens of Columbus, reported the same back, asked to be discharged from its further consideration, and that it be referred to the Committee on Commercial Affairs; which was agreed to.
Mr. Chilton, from the same committee, to whom was referred a communication from the legislature of Mississippi, reported same back, asked to be discharged from its further consideration, and that the resolution lie on the table.
Mr. De Clouet, from the Committee on Accounts, to whom was referred the account of White, Pfister & Co., of Montgomery, Ala., reported same back, asked to be discharged from its further consideration, and that it be referred to the Committee on Claims; which was agreed to.
Mr. Johnson of Arkansas moved that the Secretary of Congress be instructed to withdraw from the printer all the bills of Congress not printed tip to 12 m. to-morrow.
The motion was agreed to.
Mr. Miles moved that Congress do now proceed to the consideration of the bills on the Calendar, in their respective order; which motion was agreed to, and the first bill having been taken up, which was
A bill to establish a bureau of army intelligence,
On motion of Mr. Waul, the further consideration of the same was postponed for the balance of the session.
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Mr. Miles, from the Committee on Military Affairs, called for the consideration of
A bill to establish a uniform rule of naturalization for persons enlisted in the armies of the Confederate States of America.
The first section of the same being under consideration,
Mr. Oldham moved to amend the same by inserting the following words after the word "States," to wit: "provided there shall be no law of said State prohibiting the same," and also after the word "oath" the words "to support the constitution of said State."
Mr. Waul, at the instance of the State of Texas, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:
Yea: Arkansas, Florida, South Carolina, Tennessee, and Texas, 5.
Nay: Alabama, Georgia, Louisiana, Mississippi, North Carolina, and Virginia, 6.
So the amendment was not agreed to.
Mr. McRae, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act making appropriations to carry into effect section 2 of an act approved May 21, 1861, 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 15, 1861.
Preamble and resolutions concerning Brig. Gen. Ben. McCulloch.
Mr. Mason moved to amend by inserting after the word "shall" the following words, to wit:
thereby, and whilst in such service, be under the protection of the Confederate States as fully as if he were a citizen thereof, the rights of a citizen being to such extent hereby conferred, and moreover shall.
The amendment was agreed to.
Mr. Chilton moved to amend by adding at the end of the section the following words, to wit:
but if the State in which the said applicant shall have resided next before his application shall afterwards become a member of this Confederacy, the citizenship of said applicant shall remain in said State at his election, notwithstanding proceedings under this act.
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The amendment was agreed to, and the section as amended reads as follows, to wit:
The bill was engrossed, read the third time, and passed.
Mr. Sparrow moved to reconsider the vote upon ordering the bill to be engrossed for a third reading; and the vote having been taken thereon by States, resulted as follows, to wit:
Yea: Arkansas. Florida, Louisiana. Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Virginia, 9.
Nay: Alabama and Georgia, 2.
The motion was agreed to; and
Mr. Oldham moved to amend the first section by inserting after the word "oath" the words "to support the constitution of such State and."
The amendment was agreed to, and the bill was engrossed, read third time, and passed.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An get to establish a uniform rule of naturalization for persons enlisted lit the armies of the Confederate States.
A message was received from the President by the hands of his Private Secretary, Mr. Josselyn, informing the Congress that the President on yesterday approved and signed the following acts, viz:
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Congress took up for consideration the special order of the day; which was amendment of Mr. T. R. R. Cobb to the amendment of Mr. Walker to the bill for the forfeiture and confiscation of the estates, property, and effects of alien enemies.
Mr. Memminger moved to lay the bill on the table.
The motion prevailed.
Mr. Walker introduced
A bill for the sequestration of the estates, property, and effects of alien enemies, and for the indemnity of citizens of the Confederate States, and persons aiding the same in the existing war with the United States;
which was read the first and second times.
Congress proceeded to the consideration of the same, and the first section thereof having been read as follows, viz:
Mr. Macfarland moved to amend the same by striking out in the fourth and fifth lines the words "since the twenty-first day of May, eighteen hundred and sixty-one."
Mr. Waul, at the instance of the State of Texas, demanded the yeas and nays of the whole body be recorded thereon; which are as follows, viz:
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Yea: Louisiana and Virginia.
Nay: Alabama, Arkansas, Florida, Georgia, Mississippi, South Carolina, Tennessee, and Texas.
Divided: North Carolina.
So the motion to amend was lost.
Mr. Mason moved to amend the section by adding the following to the end of the same, viz:
And provided further, That when any citizen of the Confederate States having paid a debt or acquired property prior to the passage of this act prohibited by the act entitled "An act to authorize certain debtors to pay the amount due by them into the Treasury of the Confederate States," approved May twenty-first, eighteen hundred and sixty-one, shall make oath in due form of law that he made such payment in ignorance of the prohibition aforesaid, then as to such payment this act shall be inoperative.
Mr. Kenner moved to amend the amendment by striking out the words "prior to the passage of this act" and insert in lieu thereof the words "previous to the first day of July."
The motion prevailed.
On motion of Mr. Walker, the amendment was further amended by striking out the words "of the prohibition aforesaid" and inserting in lieu thereof the words "that the same was unlawful."
Upon agreeing to the amendment as amended, Mr. Mason demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, viz:
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Yea: Georgia, Louisiana, North Carolina, and Virginia, 4.
Nay: Alabama, South Carolina, Tennessee, and Texas, 4.
Divided: Arkansas, Florida, and Mississippi, 3.
So the amendment as amended was lost.
Mr. Hemphill moved to amend the section by inserting after the words "eighteen hundred and sixty-one," in the fifth line, the words "except such debts due to an alien enemy as may have been paid into the treasury of any one of the Confederate States prior to the passage of this law."
The motion prevailed.
Mr. Avery, by consent, moved, at the instance of the State of North Carolina, to reconsider the vote on the passage of the bill authorizing the President to appoint supernumerary lieutenants, etc.
The motion was ordered to lie on the table for the present.
The Congress resumed the consideration of the first section of the bill, the special order of the day.
Mr. Sparrow moved to amend the same by striking out in the fifth line the words "twenty-first day of May" and inserting the words "first day of July."
Mr. Walker demanded the question; which was seconded, and
Mr. Thomason, at the instance of the State of Arkansas, demanded that the yeas and nays of the entire body thereon should be recorded; which are as follows, viz:
Yea: Georgia, Louisiana, North Carolina, South Carolina, and Virginia, 5.
Nay: Alabama, Florida, and Texas, 3.
Divided: Arkansas, Mississippi, and Tennessee, 3.
So the motion was lost.
Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to authorize the Post, master-General to contract for the carriage of the mails on the route hereafter mentioned.
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The first section as amended reads as follows:
The second section having been read,
Mr. Conrad moved to amend by striking out the whole of said section.
Mr. Foreman moved to amend the section by striking out all after the word "aforesaid," in the sixth line.
The amendment was agreed to.
The question recurring on the motion to strike out the whole of the section,
Mr. Thomason, at the instance of the State of Arkansas, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, viz:
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Yea: Louisiana, North Carolina, South Carolina, Tennessee, and Virginia, 5.
Nay: Alabama, Florida, Georgia, Mississippi, and Texas, 5.
Divided: Arkansas, 1.
The motion was lost.
The section as amended reads as follows, viz:
Section 3 of the bill having been read,
Mr. Seddon moved to amend the same by striking out in the eighth and ninth lines,the words "comply with the requirements of this section of this act" and inserting in lieu thereof the words "give such information and render such account."
The motion prevailed.
Mr. Morehead moved to amend the section by striking out all of the same after the words "reported and turned over," in the eighth line.
Mr. Walker moved to amend the part of the section proposed to bc stricken out by striking out the words "for each offense be subject to indictment and punishment as provided in the second section of this act" and inserting in lieu thereof the words
be guilty of a high misdemeanor, and upon indictment and conviction, shall be fined in a sum not exceeding five thousand dollars, and imprisoned not longer than six months, said fine and imprisonment to be determined by the court trying the case.
Mr. Hemphill moved to amend the amendment by striking out the word "court" and inserting the word "jury."
The motion was lost.
The amendment proposed by Mr. Walker was then agreed to.
The section as amended reads as follows, viz:
That it shall be the duty of every attorney, agent, former partner, trustee, or other person holding or controlling any such lands, tenements or hereditaments, goods or chattels, rights or credits, or any interest therein, of or for any such alien enemy, speedily to inform the receiver, hereinafter provided to be appointed, of the same, and to render an account thereof, and, so far as is practicable, to place the same in the hands of such receiver; whereupon, such person shall be fully acquitted of all responsibility for property and effects so reported and turned over. And any such person willfully failing to give such information and render such account shall be guilty of a high misdemeanor, and upon indictment and conviction, shall be fined in a sum not exceeding five thousand dollars, and imprisoned not longer than six months, said fine and imprisonment to be determined by the court trying the case [and shall further be liable to be sued by said Confederate States, and subjected to pay double the value of the estate, property or effects of the alien enemy held by him or subject to his control].
Mr. Miles moved that when Congress adjourns it take a recess until 8 o'clock p. m.
The motion was agreed to.
Mr. Mason presented
A bill to prohibit the export by sea of any article being; the produce of the Confederate States, during the period therein mentioned;
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which was read first and second times, placed on the Calendar, and ordered to be printed.
Mr. Conrad presented
A bill to be entitled "An act to authorize the construction of certain gunboats;"
which was placed on the Calendar.
Mr. Barnwell introduced
A bill to be entitled "An act to authorize the issue of inscribed stock in the stead of coupon bonds;"
which was read first and second times, placed on the Calendar, and ordered to be printed.
Mr. Josselyn, Private Secretary of the President, informed the Congress that the President has this day approved and signed
An act making appropriations to carry into effect section 2 of an act approved May 21, 1861, 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 15, 1861;
An act to authorize the Postmaster-General to contract for the carriage of the mails on the route hereafter mentioned; and
An act to establish a uniform rule of naturalization for persons enlisted in the armies of the Confederate States of America.
The Chair presented a communication from the President, transmitting to Congress the estimates of the Postmaster-General of $500,000 for the postal service; which was read and referred to the Committee on Postal Affairs.
The Chair presented a message from the President, transmitting to Congress the estimates of the Secretary of War for the purchase of a steamer to transport troops, in the sum of one million of dollars; which was read and referred to Committee on Military Affairs.
The Chair presented a message from the President, returning to Congress
A bill to authorize the appointment of an additional assistant surgeon to each regiment of the Army of the Confederate States of America,
with his objections to the same; which is as follows:
To the Congress.
Gentlemen: I have had under consideration the bill entitled "An act to authorize the appointment of an additional assistant surgeon to each regiment in the Army of the Confederate States," and feel so well convinced that the expenditure which it requires is unnecessary, and that the means can ill be spared in the present condition of the Treasury, that I am reluctantly compelled to return it for your reconsideration.
The medical and surgical force already provided by law, including the provision recently made for surgeons for hospitals, will require an expenditure of about $2,500,000. Power is already vested in me to employ temporarily the aid of physicians in hospitals and you have appropriated $50,000 for that purpose. Discretion is also given to the Secretary of War by the act of 26th of February, 1861, to appoint as many assistant surgeons as the service may require; and the legislation on the entire subject is on the most liberal scale.
Yet the act now presented leaves me no discretion to limit the number of the additional assistant surgeons to be appointed. It orders an additional officer to the medical staff of each regiment, whether wanted or not, and thus requires an additional annual expenditure of $732,000.
I am aware that there have been causes of complaint in relation to neglect of our sick and wounded soldiers; but this, it is believed, arises not so much from an insufficiency in the number of the surgeons and assistant surgeons, as from inattention or want of qualification, and I am endeavoring to apply the proper remedy by organizing board of examiners, so as to ascertain who are the officers really to blame and
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replace them by others more competent and efficient. I feel confident that by this course ample medical assistance would be secured for the troops without further expenditure. The surgeons and assistant surgeons heretofore appointed have, in most instances, received their commissions in consequence of the recommendations of the officers of the regiments to which they are attached. This was almost the only means of making selections in the sudden emergencies of the war, and experience has suggested that many of the officers so appointed are unequal to the duties of their stations.
For these reasons I hope that when you take the subject into reconsideration you will be able to concur with me in the opinion that this additional expenditure can be avoided, and that there is no necessity for the passage of the bill.
Congress proceeded to reconsider the same; and, pending the question whether the bill should pass notwithstanding the objections,
Congress, on motion of Mr. Bocock, took a recess until 8 o'clock p. m.
EVENING SESSION--8 O'CLOCK P. M.
Congress met pursuant to adjournment and resumed the consideration of the unfinished business of the morning session; which was the consideration of the question whether the bill authorizing the appointment of an additional assistant surgeon to each regiment in the Army of the Confederate States of America should pass notwithstanding the objections of the President.
Mr. Harrison called the question; which was seconded, and, at the instance of the State of Mississippi, demanded that the yeas and nays of the whole body should be recorded; which are as follows, to wit:
Yea: North Carolina, 1.
Nay: Alabama, Arkansas, Florida, Louisiana, Mississippi, South Carolina, Tennessee, Texas, and Virginia, 9.
Divided: Georgia, 1.
The motion was lost; so the bill was lost.
The Chair presented a communication from the President, recommending the appointment of a superintendent of public buildings; which was read and referred to the Committee on Finance.
The Chair presented a communication from the President relative to the treatment of prisoners taken by the enemy; which was read and, together with the accompanying [document], was laid on the table.
Mr. Rhett offered the following resolution; which was agreed to, viz:
Resolved, That the President be requested, if in his opinion not incompatible with the public interests, to communicate to Congress the letter from General Bonham, dated the twenty-sixth, reporting the hanging of two sentinels of the South Carolina
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troops who were captured on the seventeenth July by the enemy, near Centreville, and also any information he may possess relative to the facts asserted therein.
The Chair presented a communication from the President, transmitting to Congress the estimates of the Postmaster-General for a law clerk in the Department of Justice; which was read and referred to the Committee on Finance.
The Congress resumed the consideration of the unfinished business of the day; which was the consideration of the bill for sequestration of the estates, etc., of alien enemies, etc.
The fifth section having been read,
Mr. Walker moved to amend the same by inserting after the word "trust," in the ninth line, the words:
And should the duties of any such receiver, at any time, appear to the judge to be greater than can be efficiently performed by him, then it shall be the duty of the judge to divide the district or section into one or more other receivers' districts, according to the necessities of the case, and to appoint a receiver for each of said newly created districts.
The motion prevailed.
The section as amended reads as follows, viz:
Be it further enacted, That each judge of this Confederacy shall, as early as practicable, appoint a receiver for each section of the State for which he holds a court, and shall require him, before entering upon the duties of his office, to give a bond in such penalty as may be prescribed by the judge, with good and sufficient security, to be approved by the judge, conditioned that he will diligently and faithfully discharge the duties imposed upon him by law. And said officer shall hold his office at the pleasure of the judge of the district or section for which he is appointed, and shall be removed for incompetency, or inefficiency, or infidelity in the discharge of his trust. And should the duties of any such receiver, at any time, appear to the judge to be greater than can be efficiently performed by him, then it shall be the duty of the judge to divide the district or section into one or more other receivers' districts, according to the necessities of the case, and to appoint a receiver for each of said newly created districts. And every such receiver shall also, before entering upon the duties of his office, make oath in writing before the judge of the district or section for which he is appointed, diligently, well, and truly to execute the duties of his office.
The sixth section having been read,
Mr. Seddon moved to amend the same by inserting after the words "Confederate States," in the sixth line, the words:
allowing, in the recovery of credits, such delays as may have been, or may be, prescribed in any State as to the collection of debts therein during the war.
The motion prevailed.
Mr. Davis of North Carolina moved to amend the amendment by striking out the same and inserting in lieu thereof the following, viz:
Provided, That when judgment shall be rendered sequestrating any debts due and ewing from citizens of the Confederate States to any alien enemies, the same shall not be enforced by execution until twelve months after the ratification of peace between the Confederate States and the United States. But such judgments shall draw interest until collected and prescription shall not run during the war or for twelve months thereafter.
Mr. Walker demanded the question; which was seconded; and the vote thereon having been taken by States, resulted as follows:
Yea: Florida, Louisiana, Mississippi, North Carolina, and Virginia.
Nay: Alabama, Arkansas, Georgia, South Carolina, Tennessee, and Texas.
The amendment was rejected.
The amendment of Mr. Seddon was agreed to.
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Mr. Kenner moved to amend the section by adding to the end thereof the following words:
Provided, That in any case when the Confederate judge shall find it to be consistent with the safe-keeping of the property so sequestered, to leave the same in the hands and under the control of any agent or debtor who may be in possession of the said property or credits, be shall order the same to remain in the hands and under the control of said agents or debtor, requiring in every such case such security for the safekeeping of the property and credits as he may deem sufficient for the purpose aforesaid, and to abide by such further orders as the court may make in the premises.
Mr. Walker moved to amend the amendment by striking out the same and inserting in lieu thereof the following words, viz:
Provided, That when the property so sequestrated shall consist of land or negroes engaged in the cultivation thereof and the personal property attached thereto the Confederate judge shall deem it consistent with the safe-keeping of said property, to leave the same in the hands and under the control of any agent or trustee appointed before the passage of this act, he may order the same in the hands and under the control of said agent or trustee, requiring in every such case good and sufficient security for the safe-keeping of such property.
Mr. Memminger demanded the question; which was seconded, and the amendment was lost.
The question recurring on the amendment of Mr. Kenner,
Mr. Perkins moved to amend the same by striking out the word "agent;" which was agreed to.
Mr. Sparrow moved to amend the same by inserting after the word "debtor," wherever it occurs in the amendment, the words "or person in whose hands the real estate and slaves seized."
Mr. Walker demanded the question; which was seconded, and the motion prevailed.
Mr. Chilton moved to reconsider the vote by which the amendment as amended was adopted.
Mr. Perkins demanded the question; which was seconded, and
Mr. Chilton, at the instance of the State of Alabama, demanded that the yeas and nays of the whole be recorded thereon; which are as follows, viz:
Yea: Alabama, Arkansas, Georgia, and South Carolina, 4.
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Nay: Florida, Louisiana, North Carolina, Tennessee, Texas, and Virginia, 6.
Divided: Mississippi, 1.
So the motion to reconsider was lost.
On motion of Mr. Walker,
Congress adjourned until 10 o'clock to-morrow morning.
EXECUTIVE SESSION.
Congress being in executive session,
Mr. Conrad, from the Committee on Naval Affairs, to whom was referred the communication of the President transmitting the nomination of George S. Shryock, of Kentucky, to be a lieutenant in the Navy of the Confederate States, reported the same back and recommended that Congress advise and consent thereto.
The report was agreed to, and Congress advised and consented to the nomination.
The Chair presented a communication from the President, transmitting, for the advice and consent of Congress, the nomination of William B. Howell, of Louisiana, to be Navy agent at New Orleans, La.; which was referred to the Committee on Naval Affairs.
The Chair also presented a communication from the President, transmitting, for the advice and consent of Congress, the nomination of Henry B. Tyler, jr., of the District of Columbia, late a first lieutenant in the Marine Corps of the United States, to be a first lieutenant in the Marine Corps of the Confederate States; which was referred to the Committee on Naval Affairs.
The Chair also presented a communication from the President, transmitting, for the advice and consent of Congress, the nomination of Robert J. Freeman, of Virginia, late an assistant surgeon in the Navy of the United States, to be an assistant surgeon in the Navy of the Confederate States; which was referred to the Committee on Naval Affairs.
The Chair also presented a communication from the President, transmitting, for the advice and consent of Congress, the nomination of Henry F. Hancock, to be collector of the port of Washington, N. C.; which was referred to the Committee on Naval Affairs.
Congress resolved itself in legislative session.
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