| 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 --THIRTY-FIRST DAY--SATURDAY, August 24, 1861.
OPEN SESSION.
Congress met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Bozeman.
Congress then resolved itself into secret session.
SECRET SESSION.
Congress being in secret session,
Mr. Johnson of Arkansas offered the following resolution; which was read and agreed to, to wit:
Resolved, That five hundred copies of the acts of this, the third session of Congress, be published in pamphlet form as early as possible, to be distributed by the Attorney-General among the public officers and members of Congress.
The Chair presented a communication from the President, in reply to a resolution of inquiry concerning the letter of General Bonham, in relation to the hanging of prisoners taken by the enemy; which was read and laid on the table.
Congress then resumed the consideration of the unfinished business of the morning hour; which was the consideration of the amendment of Mr. Avery to the resolution of Mr. Sparrow relative to the appointment of a committee to examine into the Commissary, Quartermaster, and Medical Departments, etc., the amendment being to strike out the words "and said committee shall have leave to sit during the recess of Congress."
Mr. Curry moved to refer the resolution and amendment to the Committee on Military Affairs, and called the question; which was seconded.
Mr. Sparrow, at the instance of the State of Louisiana, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:
Page 400 | Page image
Nay: Arkansas, Florida, Louisiana, and Virginia, 4.
Divided: North Carolina and South Carolina, 2.
So the motion was not agreed to.
Mr. Avery called the question, which was upon agreeing to his amendment,and the call being sustained, he demanded, at the instance of the State of North Carolina, that the yeas and nays of the whole body be recorded; which are as follows, to wit:
Yea: Alabama, Arkansas, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee, 8.
Nay: Florida, Texas, and Virginia, 3.
So the amendment was agreed to.
Mr. Perkins moved to amend by striking out the following words, to wit: "a committee composed of one from each State, to be selected
Page 401 | Page image
by the Delegates therefrom, be appointed to" and inserting in lieu thereof the following words, to wit: "the Military Committee."
Mr. Gregg moved to amend by inserting between the words "examine" and "into" the following words, to wit: "during the vacation between this and the next session of Congress." And by adding at the end of the resolution the following words, to wit: "and that the committee report to the next session of Congress."
Mr. Harrison moved to lay the resolution and amendments on the table, and called the question; which was seconded; when
Mr. Orr, 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: Alabama, Mississippi, and South Carolina, 3.
Nay: Arkansas, Florida, Georgia, Louisiana, North Carolina,Tennessee, Texas, and Virginia, 8.
So the motion was not agreed to.
Mr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act to authorize the issue of inscribed stock in the stead of coupon bonds;
An act to establish assay offices at Charlotte and Dahlonega;
An act to repeal the fourth section of an act to regulate foreign coins in the Confederate States, approved March 16 [14], 1861, and for other purposes; and
An act making additional appropriations for the Navy of the Confederate States for the year ending February 18, 1862.
The hour of 12 m. having arrived, Mr. Garland moved to postpone for one hour the consideration of the special order; and the vote thereon having been taken by States, resulted as follows, to wit:
Yea: Arkansas, Georgia, Louisiana, Tennessee, and Virginia, 5.
Nay: Alabama, Florida, Mississippi, North Carolina, South Carolina, and Texas, 6.
So the motion was not agreed to.
Page 402 | Page image
Mr. Smith of North Carolina, by unanimous consent, presented the resolutions of the legislature of North Carolina relative to resigned naval officers; which were read and referred to the Committee on Naval Affairs.
Mr. Miles, from the Committee on Military Affairs, by unanimous consent, reported and recommended the passage of
A bill to authorize the establishment of recruiting stations for volunteers from the States of Kentucky, Missouri, Maryland, and Delaware;
which was read first and second times and placed on the Calendar.
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 making appropriations for the expenses of Government in the legislative, executive, and judicial departments for the year ending 18th February, 1862;
An act making appropriations to carry into effect an act to authorize the issue of Treasury notes, and to provide a war tax for their redemption, and for other purposes;
An act to authorize the issue of inscribed stock in the stead of coupon bonds;
An act to establish assay offices at Charlotte and Dahlonega;
An act making additional appropriations for the Navy of the Confederate States for the year ending February 18th, 1862; and
An act to repeal the fourth section of an act to regulate foreign coins in the Confederate States, approved March 16 [14], 1861, and for other purposes.
Congress proceeded to the consideration of the special order of the day; which was the unfinished business of yesterday, to wit, the motion of Mr. Rives to lay on the table the bill to sequestrate the estates, property, and effects of alien enemies, etc.
Mr. Orr having demanded the question, withdrew the same.
Mr. Foreman renewed the demand; which was seconded, and
Mr. Reagan, at the instance of the State of Texas, demanded that the yeas and nays of the whole body should be recorded thereon; which are as follows, viz:
Page 403 | Page image
W. B. Preston, Tyler, Bocock, Scott, Mason, Brockenbrough, Johnston, Staples, and Walter Preston.
So the motion was lost.
Mr. Gregg moved to amend the sixth section of the bill by adding, to come in before the proviso offered by Mr. Walker and agreed to, the following proviso, viz:
Provided, That any person having a just claim against any alien enemy, may set off the same against any demand for the recovery of which proceedings shall be instituted under this act.
Mr. Walker demanded the question; which was seconded; and the vote thereon having been taken by States, resulted as follows:
Yea: Florida and Texas.
Nay: Alabama, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia.
Divided: Arkansas.
So the motion was lost.
Mr. Chilton moved to amend the sixth section by adding the following proviso, viz:
Provided further, That said court may, whenever, in the opinion of the judge thereof, the public exigencies may require it, order the moneys due as aforesaid to be demanded by the receiver, and if upon demand of the receiver, made in conformity to a decretal order of the court requiring said receiver to collect any debt for the payment of which security may have been given under the provisions of this act, the debtor or his security shall fail to pay the same, then upon ten days' notice to said debtor and his security, given by said receiver, of a motion to be made in said court for judgment for the amount so secured, said court, at the next term thereof, may proceed to render judgment against said principal and security, or against the party served with such notice, for the stun so secured with interest thereon, in the name of said receiver, and to issue execution therefor.
The amendment was agreed to.
Mr. Macfarland moved to amend the sixth section by adding thereto the following proviso:
Provided also, That nothing herein contained shall be so construed as to authorize the seizure and sequestration of any property or debts belonging to femmes covert or to minors who do not serve in the armies of the United States or to natural-born citizens of any of the Confederate States, who, residing in any one of the Northern or Western States before the dissolution of the Union, without any act of adhesion to the existing Government of the United States, shall return within the Confederate States before and become citizens thereof.
Mr. Harrison demanded the question thereon; which was seconded, and
Mr. Macfarland, at the instance of the State of Virginia, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, viz:
Page 404 | Page image
Yea: North Carolina and Tennessee, 2.
Nay: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia, 9.
So the motion to amend was lost.
Mr. Hemphill moved to amend the sixth section by adding thereto the following proviso, to wit:
Provided, That in all cases where the wife or the minor children of an alien enemy are residing within the limits of the Confederate States, the homestead (with its limits as defined by the laws of the States) of such wife or children shall not be sequestered; and of the rents, hire, interests, and profits of the allen's estate (exclusive of the homestead) such portion under the decree or order of the court shall be paid as may be necessary for their decent support and for the education of the children, and in the States where there is a community of goods between husband and wife one-half at least of such rents, hire, interest, and profits shall be paid over or received by the wife and children.
Mr. Hemphill demanded the question; which was seconded, and, at the instance of the State of Texas, the yeas and nays of the whole body were ordered to be recorded thereon; which are as follows, viz:
Yea: Florida, Georgia, Mississippi, and Texas, 4.
Nay: Alabama, North Carolina, South Carolina, Tennessee, and Virginia, 5.
Divided: Arkansas and Louisiana, 2.
So the motion to amend was lost.
Mr. Brooke moved to amend the sixth section by adding thereto the following proviso, viz:
Provided, That the provisions of this act shall not be operative upon the property of persons born within the limits of the Confederate States and now absent or residents
Page 405 | Page image
in the United States until the expiration of nine months from the date of its passage, and if within said period such persons shall return to the States of their nativity and resume their allegiance thereto, then this act as to them shall be inoperative and void.
Mr. Brooke demanded the question; which was seconded, and, at the instance of the State of Mississippi, the yeas and nays of the whole body were ordered to be recorded thereon; which are as follows, viz:
Yea: Mississippi and North Carolina, 2.
Nay: Alabama, Florida, Georgia, Louisiana, South Carolina, Tennessee, Texas, and Virginia, 8.
Divided: Arkansas, 1.
So the motion to amend was lost.
Mr. Memminger moved to amend the sixth section by adding the following proviso, to wit:
Provided also, That this act shall not be construed to include property, real or personal (other than debts), which may have been transferred or conveyed in good faith before the passage of this act to any citizen or subject of any neutral power residing beyond the limits of the United States.
Mr. Conrad moved to amend the amendment by striking out the same and inserting in lieu thereof the following, viz:
Provided, That all sales, transfers, or conveyances by citizens of the United States, of property situated within these States, made subsequently to the day of shall be presumed to be fraudulent and designed to evade confiscation or seizure unless the contrary be proven.
Mr. Curry moved to lay the amendments on the table; and the vote thereon having been taken by States, resulted as follows:
Yea: Alabama Arkansas, Florida, Louisiana, Mississippi, North Carolina, South Carolina, Texas, and Virginia, 9.
Nay: Tennessee, 1. Divided: Georgia, 1.
So the motion prevailed.
The sixth section as amended reads as follows, viz:
Page 406 | Page image
whenever necessary for accomplishing the purposes of this act, to sue for and recover the same in the name of said Confederate States, 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. And the form and mode of action, whether the matter be of jurisdiction in law or equity, shall be by petition to the court setting forth, as best he can, the estate property, right, or thing sought to be recovered, with the name of the person holding, exercising supervision over, in possession of, or controlling the same, as the case may be, and praying a sequestration thereof. Notice shall thereupon be forthwith issued by the clerk of the court, or by the receiver, to such person, with a copy of the petition, and the same shall be served by the marshal or his deputy and returned to the court as other mesne process in law cases; whereupon, the cause shall be docketed and stand for trial in the court according to the usual course of its business, and the court or judge shall, at any time, make all orders of seizure that may seem necessary to secure the subject-matter of the suit from danger of loss, injury, destruction, or waste, and may, pending the cause, make orders of sale in cases that may seem to such judge or court necessary to preserve any property sued for from perishing or waste: 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 debtor or person in whose hands the real estate and slaves were seized, who may be in possession of the said property or credits, he shall order the same to remain in the hands and under the control of said debtor or person in whose hands the real estate and slaves were seized requiring in every such case such security for the safe-keeping 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. But this proviso shall not apply to bank or other corporation stock, or dividends due, or which may be due thereon, or to rents on real estate in cities. And no debtor or other person shall be entitled to the benefit of this proviso unless he has first paid into the hands of the receiver all interest or net profits which may have accrued since the twenty-first May, eighteen hundred and sixty-one; and, in all cases coming under this proviso, such debtor shall be bound to pay over annually to the receiver all interest which may accrue as the same falls due; and the person in whose hands any other property may be left shall be bound to account for, and pay over annually to the receiver, the net income or profits of said property, and on failure of such debtor or other person to pay over said interest, net income, or profits, as the same falls due, the receiver may demand and recover the debt or property. And wherever, after ten days' notice to any debtor or person in whose hands property or debts may be left, of an application for further security, it shall be made to appear to the satisfaction of the court that the securities of such debtor or person are not ample, the court may, on the failure of the party to give sufficient additional securities, render judgment against all the parties on the bond for the recovery of the debt or property: Provided further, That said court may, whenever, in the opinion of the judge thereof, the public exigencies may require it, order the moneys due as aforesaid to be demanded by the receiver, and if upon demand of the receiver, made in conformity to a decretal order of the court requiring said receiver to collect any debt for the payment of which security may have been given under the provisions of this act, the debtor or his security shall fail to pay the same, then upon ten days' notice to said debtor and his security, given by said receiver, of a motion to be made in said court for judgment for the amount so secured, said court, at the next term thereof, may proceed to render judgment against said principal and security, or against the party served with such notice, for the stun so secured with interest thereon, in the name of said receiver, and to issue execution therefor.
Mr. Avery moved to amend the bill by adding the following as an additional section, to be the seventh section, to wit:
No property is intended to be absolutely confiscated at present by this act except in so far as our alien enemies have or shall hereafter by their practices under their legislation confiscate the property of citizens of the Confederate States of America or of persons aiding the same, but to the precise and full extent of such confiscation by our enemies this act shall be construed retaliatory.
Mr. Atkins moved to lay the amendment on the table, and demanded the question; which was seconded, and the motion prevailed.
Mr. Davis, by unanimous consent, presented the memorial of the Wilmington, Charlotte and Rutherford Railroad Company; which was referred to the Committee on Postal Affairs, without being read.
Page 407 | Page image
The Chair presented a communication from the President, transmitting to Congress estimates from the Secretary of the Navy for the construction and equipment of three gunboats for the coast and river defense of the State of Florida, $420,000; which was read and referred to the Committee on Naval Affairs.
Mr. Orr of Mississippi offered the following resolution, to wit:
Resolved, That the resolution under which a committee consisting of one from each State was appointed to inquire of the commercial and financial independence of the Confederate States, and the committee as appointed, be made public, and secrecy be removed from the same and it be published.
Mr. Walker moved that when Congress adjourns it take a recess until 8 o'clock p. m.; and the vote having been taken thereon by States, resulted as follows, to wit:
Yea: Alabama, Mississippi, South Carolina, and Virginia, 4.
Nay: Florida, Georgia, Louisiana, North Carolina, Tennessee, and Texas, 6.
Divided: Arkansas, 1.
So the motion was not agreed to.
On motion of Mr. Sparrow,
Congress then adjourned until 10 o'clock Monday morning.
EXECUTIVE SESSION.
Congress being in executive session,
Mr. Conrad, from the Committee on Naval Affairs, to whom were referred the communications of the President, transmitting the nominations of Henry B. Tyler, jr., of the District of Columbia, to be a first lieutenant in the Marine Corps; Robert J. Freeman, of Virginia, to be an assistant surgeon in the Navy; J. W. B. Greenhow, of Georgia, to be a surgeon in the Navy; Israel Greene, of Virginia, to be adjutant of the Marine Corps, with the rank of major; William B. Howell, of Louisiana, to be Navy agent at New Orleans, La., reported the same back and recommended that Congress advise and consent thereto.
The report was agreed to, and Congress advised and consented to the nominations.
The nomination of J. M. Reid to be postmaster at New Orleans was taken up; and, on motion of Mr. Reagan, Congress advised and consented to the nomination.
Mr. Curry moved to reconsider the vote by which Congress advised and consented to said nomination.
Pending which,
Congress resumed legislative session.
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |