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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 --THIRTY-FOURTH DAY--WEDNESDAY, August 28, 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]
THIRTY-FOURTH DAY--WEDNESDAY, August 28, 1861.

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OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer by the Rev. Bishop Early.

Congress then resolved itself into secret session.

SECRET SESSION.

Congress being in secret session, resumed the consideration of the unfinished business of the morning hour of yesterday; which was the consideration of the amendment offered to the bill by Mr. Chilton, to establish certain post routes therein named, the amendment being as follows, to wit: To insert after the word "Georgia" the following words, to wit:
Also, that a post route be established from Calhoun, on the Alabama and Florida Railroad, in the county of Lowndes, in the State of Alabama, to Benton, in said county, through Mount Willing and Gordonsville. Also, a post route from Clarkesville, in Mecklenburg County, Virginia, to Brownsville, in the State of North Carolina; and also from Mullins, in Alabama, to Lime Kiln, via Campbells Home; and also, a post route from Louisville, in the county of Winston, to Vaiden, in the county of Carroll, in the State of Mississippi.

The amendment was agreed to.

Mr. Chilton moved further to amend by adding the following words, to wit:
Also, from Morganton, in Burke County, North Carolina, to Johnson's Depot, in Tennessee; and also, from Wilmington, North Carolina, to Wadesboro, via Wilmington, Charlotte and Rutherford Railroad.

The amendment was agreed to.

Mr. Thomason moved to amend by adding the following words, to wit: "From Clarksville to Spadra Bluff, in Johnson County, Arkansas."

The amendment was agreed to.

Mr. Avery moved to amend by adding the following words, to wit: "Also, from Jefferson, Ashe County, North Carolina, to Marion, Smyth County, Virginia."

The amendment was agreed to,

And the bill was engrossed as amended, read a third time, and passed.

Mr. Conrad moved to amend the Journal by inserting in the Journal, immediately after the place where the Journal shows Congress to have proceeded to the consideration of the bill providing for the sequestration of the estates and property of alien enemies, the following, to wit:

Mr. Conrad moved to amend by offering as a substitute for the bill, the following, to wit:

Mr. Atkins called the question; which was seconded, and

Mr. Conrad, 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:

Yea: Louisiana, 1.

Nay: Alabama, Arkansas, Georgia, North Carolina, South Carolina, Tennessee, Texas, and Virginia, 8.

Divided: Mississippi, 1.

Mr. Thomason offered the following resolution and moved its adoption, to wit:

Resolved, That the Committee on Indian Affairs be instructed to inquire whether any, and if so what, treaties have been made with any of the Indian tribes, and if so, with which of them; and whether any, and if so what, legislation is necessary in consequence thereof; and that they have leave to report at such time and in such manner as to them shall seem proper.

The resolution was read and not agreed to.

Mr. Morton introduced

A bill to be entitled "An act to give aid to the State of Florida;" which was read first and second times and, on his own motion, was laid on the table.

Mr. T. R. R. Cobb introduced and asked the passage of

A bill to authorize the appointment of an additional number of cadets in the Army of the Confederate States;
which was read first and second times and, on motion of Mr. Curry, was referred to the Committee on Military Affairs.

Mr. Venable offered the following resolution; which was read and referred to the Committee on Military Affairs, to wit:

Whereas under the authority of some of the States drillmasters were attached to various regiments; and


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Whereas such officers are not recognized by the laws of the Confederate States and consequently were not mustered into service; and

Whereas several of such drill masters have nevertheless continued to do effective service voluntarily with their respective regiments: Therefore,

Resolved, That such drillmasters be granted an honorable discharge whenever they shall apply therefor.

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

Resolved, That the injunction of secrecy be removed from the resolutions adopted by this House relative to the alleged hanging of South Carolina captives and other cruelties of the United States authorities, with the answer of the Executive thereto.

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

Resolved, That the Doorkeeper be authorized to purchase stationery for the use of Congress, and that the sum of two hundred dollars from the contingent fund of Congress be appropriated for that purpose.

Mr. Mason moved that Congress take up for consideration a bill on the Calendar entitled

An act to prohibit the exportation by sea of any article being the produce of the Confederate States during the period therein mentioned.

And the vote having been taken thereon by States, resulted as follows, to wit:

Yea: Alabama, Arkansas, Florida, Tennessee, and Virginia, 5.

Nay: Georgia, North Carolina, South Carolina, and Texas, 4.

Divided: Louisiana and Mississippi, 2.

So the motion was not agreed to.

Mr. Seddon moved to take up for consideration a bill on the Calendar entitled

An act to perpetuate testimony in cases of slaves abducted or harbored by the enemy, and of other property seized, wasted, or destroyed by them.

The motion was not agreed to.

Mr. Brockenbrough, from the Committee on the Judiciary, reported and recommended the passage of

A bill to authorize the appointment of special marshals, and for other purposes;
which was read first and second times.

Mr. Foreman moved to strike out all of the bill after the first section; which is as follows, to wit:

The motion was not agreed to, and the bill was engrossed, read third time, and passed.


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Mr. Barnwell, from the Committee on Finance, to whom was referred

A bill to be entitled "An act to admit certain articles free of duty during the war;" and also

A bill entitled "An act to establish a bureau in connection with the Treasury Department, to be called the Bureau of Produce Loan, and to provide for so disposing of the cotton crop of the Confederate States as shall best conduce to the public defense during the war," reported the same back, that the committee deemed legislation on the subject inexpedient, asked to be discharged from their further consideration, and that the bills lie on the table; which was agreed to.

Mr. Miles, from the Committee on Military Affairs, reported and recommended the passage of

A bill to authorize the President to inflict retaliation upon the persons of prisoners;
which was read first and second times and, on motion of Mr. Conrad, was placed on the Calendar and ordered to be printed.

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

A resolution of inquiry relative to the establishment of movable hospitals,
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. Chilton moved to take up for consideration a bill on the Calendar

To collect for distribution the moneys remaining in the several post-offices of the Confederate States at the time the postal service was taken in charge by said Government.

The motion was agreed to, and Congress proceeded to the consideration of the bill.

The second section of the bill being under consideration; which is as follows, to wit:

The committee moved to amend by striking out the word "liquidation" and inserting in lieu thereof the words "pro rata payment."

The amendment was agreed to, and the section as amended reads as follows, to wit:

The third section being under consideration, the committee moved to amend by inserting after the word "States" the following, to wit:
and they shall also state, on oath, whether they performed fully the service according to their contracts or appointments during the time for which they claim pay and if not, what partial service they did perform, and what deductions have been made from their pay, so far as they know, on account of any failure, or partial failure, to perform such service.


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The amendment was agreed to, and the section as amended reads as follows, to wit:

And the bill as amended was engrossed, read third time, and passed.

Mr. De Clouet, from the Committee on Accounts, reported and recommended the passage of the following resolution, to wit:

Resolved, That the sum of two hundred dollars be paid to R. H. Wynne, the Doorkeeper of Congress, as additional compensation, in consequence of the increase of duties devolving upon that officer by the removal of the capital to this city and the increase of members to this body.

Mr. Shorter moved to amend by striking out "two hundred dollars" and inserting in lieu thereof the following words, to wit: "the same mileage as allowed members of Congress."

The amendment was not agreed to.

Mr. Wright moved to amend by inserting after the word "Doorkeeper" the words "the Secretary, Assistant Secretary, Journal Clerk, and Messenger, each, out of the contingent fund of Congress."

The amendment was agreed to, and the resolution as amended was agreed to and is as follows, to wit:

Resolved, That the sum of two hundred dollars be paid to R. H. Wynne, the Doorkeeper, and the Secretary, Assistant Secretary, Journal Clerk, and Messenger of Congress, each, out of the contingent fund of Congress, as additional compensation in consequence of the increase of duties devolving upon those officers by the removal of the capital to this city and the increase of the members of this body.

Mr. Conrad asked to be discharged from the duties of the committee of five to examine into the Quartermaster's, Commissary, and Medical Departments, and report if any change was needed in the laws and regulations relating to said departments.

The discharge was granted, and the Chair appointed in his place Mr. Atkins.

The Chair presented a communication from the Secretary of the Treasury, estimating for the transportation of Treasury notes from the seat of government to the various places at which they are to be disbursed, either by the disbursing officers or by the Department of the Treasury; which was read and referred to the Committee on Finance.

Mr. Hemphill introduced

A bill to make disposition of certain railroad iron;


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which was read the first and second times and referred to the Committee on Finance.

Congress proceeded to the consideration of bills on the Calendar, and the first bill in order being

A bill providing penalties for violating the provisions of an act approved May 21, 1861, to authorize certain debtors to pay the amounts due by them into the Treasury of the Confederate States;
which was, on motion, laid on the table for the present.

The next bill in order being

A bill to provide for authenticating claims for money against the Confederate States not otherwise provided for.

The same was engrossed, read a third time, and passed.

The next bill in order being

A bill to amend 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, approved May 21, 1861.

The same was engrossed, read a third time, and passed.

The next bill in order being

A bill to provide for the defense of the Mississippi River,

And the second section thereof having been read, as follows:

The sum of eight hundred thousand dollars is hereby appropriated for carrying the foregoing provisions into effect.

On motion of Mr. Conrad, the same was stricken out.

The bill as amended was engrossed, read the third time, and passed.

The next bill in order being

A bill to authorize the impressment of property in certain cases,

The first section of the bill authorizing the impressment of property of citizens of the Confederate States, or of the United States, in certain cases, for the public service.

On motion of Mr. Conrad, the words "the public service" were stricken out and the words "military or naval services" were inserted in lieu of the same.

The fourth section, providing that

In case it should appear that the property impressed had been transferred by an alien enemy to a citizen of the Confederate States, such transfer shall be deemed fraudulent and shall have no effect so far as regards the execution of this act, unless it shall be proven to the satisfaction of the President or commanding officer aforesaid to have been made in good faith and for a valuable consideration paid prior to theday of, eighteen hundred and sixty-one.

On motion of Mr. Conrad, the same was amended by filling the first blank with the words "twenty-first" and the second with the word "May."

The bill as amended was engrossed, read a third time, and passed.

The next bill in order being

A bill to amend 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,

Mr. Brooke moved to amend by striking out all after the enacting clause; which is as follows, viz:

That the Commissioner of Patents shall not be required to appoint examiners of patents, as provided in the second section of the above-recited act, until the condition of the patent fund shall authorize the same, but may, instead thereof, with the approval of the Attorney-General, appoint such assistant examiners as the business of the Patent Office may require, at an annual salary of fifteen hundred dollars.


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And inserting in lieu thereof the following, viz:

That the Commissioner of Patents, with the approval of the Attorney-General, shall have power to appoint, in addition to the examiners of patents provided by the second section of the above-recited act, such assistant examiners, at a salary of fifteen hundred dollars per annum, as may be required to transact the current business of the Patent Office with dispatch.

The amendment was agreed to.

The bill as amended was engrossed, read a third time, and passed.

The next bill in order being

A bill to prohibit the importation of articles the production or manufacture of the United States, or of other nations, into the Confederate States from the United States, and to punish persons offending therein.

The first section of the bill reading as follows, viz:

That from and after the fifteenth day of August next, and pending the war now existing between the United States and the Confederate States of America, and until it shall otherwise be provided by law, it shall not be lawful for any person to introduce any articles, goods, wares, or merchandise, the production or manufacture of the United States, or of any other country, into the Confederate States, from any portion of the United States, the following articles only excepted, etc.

Mr. Perkins moved to amend the same by striking out the words "fifteenth day of August" and inserting in lieu thereof the words "first day of September."

The motion was agreed to.

Mr. Reagan moved to amend the same by adding the following proviso, viz:

And provided further, That such articles as maybe ordered by any of the Departments of Government shall be exempt from the provisions of this act.

Mr. Atkins moved to postpone the bill, in order to move to rescind the resolution requiring Congress to sit until 3.30 p. m.

The motion was lost.

Mr. Chesnut moved to lay the bill and amendment on the table.

Mr. Foreman demanded the question; which was seconded, and the motion was agreed to.

The next bill in order being

A bill to extend the protection of the Confederate States to citizens of other States in certain cases.

The same was, on motion, postponed to third Monday, November next.

The next bill in order being

A bill to prevent invasion, and to retaliate the treatment inflicted upon persons in the service of the Confederate States taken prisoners by the United States,

On motion the same was laid on the table.

On motion of Mr. Miles, the bill authorizing the President to inflict retaliation upon the persons of prisoners was called up.


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Mr. Crawford called the question; which was seconded; and the bill was engrossed, read a third time, and passed.

Mr. Curry moved to reconsider the vote by which Congress extended the time of adjournment until Saturday, the 31st of August.

Mr. Hemphill moved to reconsider the vote by which the bill was passed authorizing the President to inflict retaliation on the persons of prisoners.

The motion was not agreed to.

Congress proceeded to the consideration of the next bill on the Calendar; which was a bill from the Judiciary Committee

To perpetuate testimony in cases of slaves abducted or harbored by the enemy, and of other property seized, wasted, or destroyed by them.

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

The provisions of this act shall not be construed as implying that the Confederate States are, in any way, liable to make compensation for any of the property to which it refers.

The amendment was agreed to.

The first section of the bill being under consideration,

Mr. Curry moved to amend the same by striking out the words "and loss."

Mr. Miles offered the following resolution; which was read and agreed to:

Resolved, That the Committee on Flag and Seal be instructed to inquire into the expediency of so changing the Confederate flag as to make it more distinctive and more distinguished from the flag of the United States.

On motion of Mr. Waul,

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

EXECUTIVE SESSION.

Congress being in executive session,

Mr. Crawford, from the Committee on Commercial Affairs, to whom was referred the nomination of Henry F. Hancock, to be collector of the port of Washington, N. C., reported the same back and recommended that Congress advise and consent to the nomination.

The report was agreed to, and Congress advised and consented to the nomination.

Mr. Miles, from the Committee on Military Affairs, to whom was referred, on the 1st instant, the communication of the President transmitting a list of nominations for appointments in the Provisional Army of the Confederate States, reported the same back and recommended that Congress advise and consent to the nominations.

The report was agreed to, and Congress advised and consented to the nominations.

The Chair presented to Congress a communication from the President, transmitting the following nominations for appointments in the Provisional Army of the Confederate States, viz:

On motion of Mr. Miles, Congress advised and consented to the nominations of Louis T. Wigfall, Howell Cobb, Thomas R. R. Cobb, and Stephen F. Hale.

The other nominations were then referred to the Committee on Military Affairs, and the Secretary instructed to furnish members with copies thereof.

Congress resumed legislative session.

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