| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --FRIDAY, February 8, 1861.
OPEN SESSION.
The Congress met pursuant to adjournment.
Prayer was offered by Rev. Mr. Pellicer.
Mr. Alexander M. Clayton appeared as a Delegate from the State of Mississippi, signed the roll, and took his seat.
Messrs. Thomas Fearn and David P. Lewis appeared as Delegates from the State of Alabama, and, having signed the roll, took their seats.
Mr. Chilton made the following report:
The committee appointed to extend an invitation to the reverend clergy of this city to open the sessions of this Congress with prayer have performed that duty, and beg leave to report their acceptance of said invitation, as indicated by a communication on their behalf, from the Rev. Mr. Petrie to your committee, which accompanies this report.
The communication referred to was reported as follows:
Montgomery, Ala., February 6, 1861.
Hons. W. P. Chilton, J. L. M. Curry, S. F. Hale,
Committee of Southern Congress.
Gentlemen: Your communication of this date to the clergy of our city, containing a request of the Congress to open its daily session with prayer, has been received by us, and it gives us pleasure to inform you that we will comply. We will make arrangements among ourselves for the regular performance of the service.
With high consideration of yourselves personally and with fervent desires to Almighty God for the body you represent, we are,
Your obedient servants,GEO. H. W. PETRIE,
In Behalf of the Clergy of Montgomery.
The President laid before the Congress a communication; which was reported as follows:
To the Hon. Howell Cobb,
President of the Southern Congress.
Sir: The libraries of the supreme court of the State of Alabama and of the State are under the charge of the judges of the supreme court.
By authority of the judges, I tender to the members of the body over which you preside the use of the libraries and free access to the library rooms.
Very respectfully, your obedient servant,
A. J. WALKER,
Chief Justice Supreme Court.
On motion of Mr. Miles, the President was requested to communicate the thanks of the Congress for the kind invitation extended to the body.
Mr. Hill, from the committee to whom was referred the communication from the general assembly of the State of Alabama, inclosing a copy of an act to appropriate $500,000 to the cause of Southern independence,
Page 32 | Page image
reported that they had had the same under consideration, and beg leave to present the resolutions following, and recommend that they be adopted by the Congress:
The same, having passed to a third reading, were unanimously agreed to.
Mr. Hill reported the following resolution:
Resolved, That a copy of the resolutions of the Congress in relation to the loan of five hundred thousand dollars just agreed to be communicated to the Hons. Samuel F. Rice, F. S. Lyon, and David Hubbard, committee of the house of representatives of the general assembly of the State of Alabama, with a request that the same be laid before the general assembly of that State;
which, having passed to a third reading, was agreed to.
On motion of Mr. Barnwell, the Congress went into secret session; and after spending some time therein, adjourned until to-morrow morning, 11 o'clock.
SECRET SESSION.
The Journal of the secret session of yesterday was read and approved.
Mr. Smith, chairman of a committee, offered the following report:
Whereas the people of the State of North Carolina and those of the States represented in this Congress have a common history, a common sympathy, a common honor, and a common danger; and
Whereas it is the opinion and earnest desire of this Congress that the State of North Carolina should be united in government with these States: Therefore, be it
Resolved, That this Congress receive with pleasure the commissioners from the State of North Carolina, and hope to pursue such a course of action as shall commend itself to and induce the State of North Carolina speedily to unite in our councils and in such government as shall be formed by these States;
which report was unanimously agreed to; and, on suggestion of Mr. Withers, a copy of the same was ordered to be furnished to the commissioners.
Mr. Withers offered the following resolution:
Whereas it is necessary that the records of this Congress be placed in a condition of safety and those pertaining to proceedings with closed doors in a condition of secrecy: Therefore,
Resolved, That the President be, and he is hereby, authorized and instructed to make proper provision for the purposes herein declared;
which, after the necessary readings, was agreed to.
The unfinished business of yesterday, viz, the report of the Committee of Twelve, was then taken up.
The title of the constitution proposed being read, Mr. Stephens moved that the word "North" be stricken out; which motion was agreed to.
Mr. Stephens moved to strike out the first line of the preamble, viz, the words, "In the name of Almighty God;" which motion was agreed to, the vote being taken by States, as follows:
Yea: Alabama, Florida, Georgia, Mississippi, and Louisiana.
Nay: South Carolina.
Mr. Chilton moved to place at the beginning of the preamble the words, "In the name of the Almighty, who is the God of the Bible, and the source of all rightful authority and rule."
Page 33 | Page image
Mr. Harrison moved as a substitute therefor the following: "Invoking the favor of Almighty God;" which was carried, the vote being taken by States:
Yea: Florida, Louisiana, Mississippi, and South Carolina.
Nay: Alabama.
The State of Georgia not voting, on account of a division.
Mr. Rhett moved to strike out the word "happen" in the last line of the preamble and insert the word "occur;" which was carried.
Mr. Cobb moved to amend by striking out the whole of the preamble and inserting in lieu thereof the following:
The sovereign and independent States of South Carolina, Georgia, Alabama, Florida, Mississippi, and Louisiana, having separated themselves from the compact of Union known as the United States of America, and being desirous of confederating for their common defense and mutual welfare; and being pressed by the exigencies of their present position to form a provisional government in anticipation of a more permanent union; and looking to the guidance and protection of Almighty God, do hereby, through their authorized delegates, confederate under the style of The Republic of Washington, and agree upon the following articles for the constitution of the provisional government, from the 22d day of February, 1861, or until a permanent constitution shall be put in operation, whichsoever shall first occur.
Mr. Smith moved to amend Mr. Cobb's proposition by striking out all after the words "provisional government" and inserting "to continue until a permanent government shall be put in operation, such provisional government not to exist beyond one year."
Mr. Cobb accepted the amendment of Mr. Smith.
The vote was then taken by States on Mr. Cobb's motion as amended;
which was lost, the States voting as follows:
Yea: Alabama, Florida, and Louisiana.
Nay: Mississippi and South Carolina.
The State of Georgia being divided.
Mr. Brooke moved that the words beginning the preamble, viz, "Invoking the favor of Almighty God," be transposed so as to make the preamble read as follows:
We the deputies of the sovereign and independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, invoking the favor of Almighty God, do hereby, in behalf of these States, ordain and establish this constitution for the provisional government of the same, to continue for one year from the inauguration of the President, or until a permanent constitution or confederation between the said States shall be put in operation, whichsoever shall first occur;
which motion was agreed to.
Mr. Harris moved to amend the first article by striking out the first section and inserting in lieu thereof the following:
All legislative powers herein delegated shall be vested in a congress, which shall consist of a senate and house of representatives. The senate shall consist of two senators from each State. The house of representatives shall consist of as many members as are equal to the numbers elected by the States parties to this Confederacy at the last election; and such senators and representatives shall be chosen by the conventions of the several States.
Mr. Hale moved to amend Mr. Harris' motion with the following:
And until the senators and representatives are so elected and qualified, all legislative powers hereby delegated shall be exercised by this Congress.
The question then being taken by States on Mr. Harris' motion as amended, the same was lost.
Yea: Florida and Mississippi.
Nay: Alabama, Georgia, Louisiana, and South Carolina.
Page 34 | Page image
Mr. Walker moved to amend the first section of the first article by adding the following:
And the Congress may at any time, by a majority vote, provide for the election and assembling of a provisional congress consisting of a senate and house of representatives, in like manner as the Congress of the United States, in whom shall be vested all legislative powers herein granted; and in that event may, by a like vote, make such changes in this constitution as shall be necessary and proper to accomplish that object, and to make the same distribution between such senate and house of representatives of the powers hereby vested in this Congress as is done in the Constitution of the United States;
which was lost, the States voting as follows:
Yea: Alabama.
Nay: Florida, Georgia, Louisiana, Mississippi, and South Carolina.
Mr. Withers moved to strike from the first line of the first section of the first article the word "granted" and that the word "delegated" be inserted; which was agreed to.
Mr. Rhett moved to insert the word "expressly" between the words "herein" and "delegated" in the first section; which was lost.
Mr. Cobb moved that the word "State" where it last occurs in the first clause of the third section of the first article be substituted by the word "delegate" and that the words beginning "and shall be represented," etc., in the same clause, and all after them to the end of the sentence be stricken out; which amendment was lost.
The fourth section was then read; which was as follows:
On motion of Mr. Memminger, the same was amended by inserting after the word "going" the words "to and."
Mr. Withers moved to amend the same by adding the following paragraph:
No member of this Congress shall be appointed under the authority of the Government hereby established to any civil office to be executed under the same, except only diplomatic agencies.
Mr. Smith moved to amend the amendment by striking out the words "except only diplomatic agencies."
On motion of Mr. Memminger, both of the amendments were laid on the table.
The fifth section was then taken up and the first paragraph read as follows:
On motion of Mr. Smith, the same was amended by adding thereto the following words:
The President may veto any appropriation or appropriations and approve any other appropriation or appropriations in the same bill.
Page 35 | Page image
The second paragraph of the same section was then taken up and read, an follows:
On motion of Mr. Hale, the same was amended by inserting after the word "vote" the words "intending to have the force and effect of a law."
The sixth section was then taken up and the first paragraph was read, as follows:
On motion of Mr. Kenner, the same was amended by striking out all after the word "Confederacy" where it first occurs to the word "nation" where it last occurs, inclusive; the vote being by States, and resulting as follows:
Yea: Alabama, Florida, Georgia, Louisiana, and Mississippi.
South Carolina being divided.
The others being read seriatim, the seventeenth paragraph, which is as follows:
Mr. Stephens moved that when the Congress adjourns it adjourn until the hour of 10 o'clock a. m. to-morrow.
The motion prevailed.
Mr. Crawford moved to adjourn.
The motion was lost.
On motion of Mr. McRae, the said section was amended by adding the following paragraph:
And this Congress shall also exercise executive powers until the President is inaugurated.
On motion of Mr. Perkins, the Congress took a recess until 7.30 o'clock p. m.
7.30 O'CLOCK P. M.
The first paragraph of the seventh section was read, as follows:
The importation of African negroes from any foreign country other than the slaveholding States of the United States, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.
Mr. Rhett moved to amend the same by striking out all after the
Page 36 | Page image
words "of African" and insert the words "negroes and slaves from Africa may be prohibited by Congress."
Mr. Chesnut moved to amend the section by substituting for the whole paragraph the following words:
Congress shall have power to prohibit the importation of African negroes and slaves from any foreign country.
Mr. Bartow called for the question; which, being seconded by a majority of the States present, the motion of Mr. Rhett was put and, the vote being taken by States, resulted as follows:
Yea: South Carolina.
Nay: Alabama, Florida, Georgia, Louisiana, and Mississippi.
So the motion was lost.
The vote then was on the motion of Mr. Chesnut; which was lost.
The seventh paragraph of the said section was read as follows:
Congress shall appropriate no money from the treasury unless it be asked for by the President or some one of the heads of department, except for the purpose of paying its own expenses and contingencies.
Mr. Smith moved to strike out the whole paragraph.
The motion was lost.
On motion of Mr. Withers, the same was then amended by adding after the word "asked" the words "and estimated."
The ninth paragraph having been read; which is as follows:
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the righter the people peaceably to assemble and to petition the Government for a redress of grievances.
On motion of Mr. Withers, the same was amended by inserting after the words "for a redress of" the word "such" and adding the following words: "as the delegated powers of this Government may warrant it to consider and redress."
The eighteenth paragraph having been read as follows:
The powers not delegated to the Confederacy by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
On motion of Mr. Withers, the same was amended by inserting after the word "not" the word "expressly."
The first paragraph of the eighth, section having been read, as follows:
No State shall cater into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.
Mr. Cobb moved to amend the same by striking out the words "or confederation."
The motion was lost.
The first paragraph of the first section of the second article was then read, to wit:
The executive power shall be vested in a President of the Confederate States of North America. He, together with the Vice-President, shall hold his office for one year, or until this provisional government shall be superseded by a permanent government, whichsoever shall first happen.
On motion of Mr. Stephens, the same was amended by striking therefrom the word "North."
On motion of Mr. Shorter, the same was also amended by striking out the word "happen" and inserting in lieu thereof the word "occur."
Page 37 | Page image
The second paragraph of the same having been read, viz:
The President and Vice-President shall be elected, by ballot, by the States represented in this Congress, each State casting one vote, and a majority of the whole being requisite for election.
On motion of Mr. Withers, the same was amended by striking out the word "election" and inserting in lieu thereof the words "to elect."
The third clause of the same having been read, viz:
No person, except a natural-born citizen, or a citizen of one of the States of this Confederacy at the time of the adoption of this constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident of one of the States of this Confederacy.
Mr. Hill moved to amend the same by changing the first three lines of said clause so as to read as follows:
No person, except a natural-born citizen of one of the States of the United States, and a citizen of one of the States of this Confederacy at the time of the adoption of this constitution, shall be eligible to the office of President.
The motion was lost.
Mr. Curry moved to amend the same by striking out the words "and been fourteen years a resident of one of the States of this Confederacy;" which motion was lost.
The fifth paragraph having been read, to wit:
The President shall at stated times receive for his services during the period of the provisional government a compensation at the rate of twenty-five thousand dollars per annum, and he shall not receive during that period any other emolument from this Confederacy or any of the States thereof.
Mr. Withers moved to amend the same by adding thereto the words "or any other power."
The motion was lost.
The sixth paragraph having been read, as follows:
Before he enter on the execution of his office, he shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States of North America, and will, to the best of my ability, preserve, protect, and defend the constitution thereof."
On motion of Mr. Hill, the same was amended by striking therefrom the word "North."
The second clause of the first section of the third article was read, as follows:
Each State shall constitute a district, in which the President shall, by and with the advice and consent of the Congress, appoint a judge who shall exercise the power and authority vested by the laws of the United States, as far as applicable, in both the district and circuit courts for that State, until otherwise provided by the Congress, and shall appoint the times and places at which the court shall be held. The jurisdiction of the district and circuit courts shall be merged in one, and appeals may be taken directly to the Supreme Court under similar regulations to those which are provided in cases of appeal to the Supreme Court of the United States. The commissions of all the judges shall expire with this provisional government.
On motion of Mr. Walker, the same was stricken out and the following inserted in lieu thereof, to wit:
Each State shall constitute a district, in which there shall be a court called a district court, which, until otherwise provided by the Congress, shall have the jurisdiction vested by the laws of the United States, as far as applicable, in both the district and circuit courts of the United States for that State; the judge whereof shall be appointed by the President, by and with the advice and consent of the Congress, and shall, until otherwise provided by the Congress, exercise the power and authority
Page 38 | Page image
vested by the laws of the United States in the judges of the district and circuit courts of the United States for that State, and shall appoint the times and places at which the courts shall be held. Appeals may be taken directly from the district courts to the Supreme Court, under similar regulations to those which are provided in cases of appeal to the Supreme Court of the United States, or under such other regulations as may be provided by the Congress. The commissions of all the judges shall expire with this provisional government.
The fourth paragraph of said section having been read, as follows:
The Congress shall have power to make laws for the transfer of any causes which were pending in the courts of the United States to the courts of the Confederacy; and for the execution of the orders, decrees and judgments heretofore rendered by the said courts of the United States, and also all laws which may be requisite to protect the parties to all such suits, orders, judgments or decrees.
On motion of Mr. Hale, the same was amended by adding thereto the words "their heirs, personal representatives, or assignees."
The first clause of the second section being then read, as follows:
The judicial power shall extend to all cases of law and equity, arising under this constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made, under its authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederacy shall be a party; controversies between two or more States; between citizens of different States; between citizens of the same State claiming lands under grants of different States.
On motion of Mr. Smith, the same was amended by striking out the word "and," after the words "United States," and inserting in lieu thereof the words "as far as applicable, and the laws."
Article fourth, the first section, being in the following words:
Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every ether State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Mr. Withers moved to strike out the last word of the same, viz, "thereof," and insert in lieu of the same the words "of such proof;" which was agreed to.
Mr. Harris moved to amend the same section by adding the following:
The laws of the United States in force at the adoption of this constitution, so far as applicable, shall continue in force an the laws of this Confederacy until altered or repealed by the Congress;
which was lost.
Mr. Harris moved to strike out of the sixth article the following words:
All sums of money expended by any State before the adoption of this constitution, in asserting and maintaining its separation from the late United States, are charged upon this Confederacy, and shall be paid from its treasury;
which was agreed to.
Mr. Clayton moved that the following be a distinct section of the sixth article, viz:
All rights acquired or vested under the Constitution of the United States, or any act of Congress, or any treaty passed or made in pursuance thereof, shall have the same force and effect as if the late Union had not been dissolved;
which was lost.
Mr. Miles moved to strike out the word "national" where it occurs in the sixth article; which was carried.
Mr. Harris moved to strike out the last paragraph of the sixth article; which was agreed to.
Page 39 | Page image
Mr. Memminger offered the following amendment to be inserted as the third paragraph of section 5 of article 1:
Until the inauguration of the President, all bills, orders, resolutions, and votes adopted by the Congress shall be of full force without any approval by him;
which was agreed to.
Mr. Chesnut moved to strike out the last section of article 6, and to substitute as follows: "Congress shall have power to admit other States;" which was agreed to; and on motion of Mr. De Clouet, the said substituted section was transposed so as to form paragraph 18 of section 6, article 1.
The Constitution, as amended, was then ordered to be engrossed for a third reading and, having been read a third time, was unanimously adopted.
Mr. Walker moved that the injunction of secrecy, so far as the Constitution as adopted was concerned, be removed; which was agreed to.
Mr. Memminger moved that the oath prescribed by the Constitution be administered to the members of this Congress to-morrow in open session; which was also agreed to.
Mr. Boyce moved that this Congress proceed to the election of a President for the Provisional Government at the hour of 12 o'clock to-morrow.
Mr. Miles moved that the Congress proceed to the election of a President immediately; which was lost.
The question recurring on Mr. Boyce's motion, the same was agreed to, and it was further agreed that the election of President be conducted in secret session.
Mr. Walker moved that the Constitution be enrolled on parchment; which motion prevailed.
Mr. Curry moved that the election for a President and Vice-President be conducted in open session; which was lost.
On motion of Mr. Miles, 1,000 copies of the Constitution were ordered to be printed for the use of the Congress.
On motion of Mr. Rhett,
The Congress adjourned until 11 o'clock to-morrow.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |