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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-SIXTH DAY--FRIDAY, August 30, 1861.
OPEN SESSION.
Congress met pursuant to adjournment.
The Chair then addressed the Congress as follows, to wit:
Gentlemen of Congress: Allow me to interrupt for a single moment the usual course of business. If, gentlemen you could see the response my heart has already made to the resolution you were pleased to adopt during my absence from the Chamber yesterday, I should remain silent this morning, for words can not express the feelings which this renewed evidence of your kindness and confidence has excited. Since the first hours of our meeting to the present moment, approaching the closing hours of this session, I have received from you such repeated marks of your friendly regard as your presiding officer ever received from his associates. Be assured, gentlemen, they will be borne in grateful remembrance, and in the new field to which I have been called, not by taste or ambition but by the stern requirements of duty, they will greatly strengthen my heart and, I trust, under the protecting guidance of a kind Providence, nerve my arm to the discharge of the humble part which 1 may be summoned to perform. In the sincerity of my heart I believe that man was never engaged in a more just and holy cause than the one which has called our people to the defense of their homes, their families, and their firesides. And that the Supreme Ruler of the earth will continue to manifest His favor toward us, hitherto so remarkable, I go forward with this full conviction to the discharge of a solemn and imperative duty. Accept, gentlemen, my sincere thanks, and permit me to add in behalf of the brave and true men under my command, in whose hands your banner will be placed, that I feel authorized to say you will never have cause to regret the confidence you have shown in their valor and patriotism.
Congress then resolved itself into secret session.
SECRET SESSION.
Congress being in secret session,
Mr. Brooke moved to reconsider the vote on the passage of
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 motion was agreed to, and Congress proceeded to the consideration of the bill.
And the fourth section of the same being under consideration, which relates to the fees of the Commissioner of Patents,
Mr. Brooke moved to amend the same by inserting after the word "payment" the following words, to wit: "of ten dollars and."
The amendment was agreed to, and the bill as amended was read third time and passed.
Mr. Morton moved to take up for consideration a bill on the Calendar entitled
An act to give aid to the State of Florida.
The motion was agreed to, and Congress proceeded to the consideration of the bill.
Mr. Kenner moved to amend the same by striking out the word "five," where it occurs in the bill, and inserting in lieu thereof the word "three."
The amendment was agreed to, and the bill was engrossed, and read a third time; and the question being on its passage, Mr. Johnson of Arkansas, 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, to wit:
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Yea: Florida, Georgia, Louisiana, North Carolina, South Carolina, and Virginia, 6.
Nay: Alabama, Arkansas, Mississippi, Tennessee, and Texas, 5.
So the bill as amended was passed.
Mr. Morton moved to change the title of the bill by striking out the words "give aid to" and inserting in lieu thereof the word "reimburse."
The motion was agreed to, and the title of the bill reads as follows, to wit:
A bill to reimburse the State of Florida.
Mr. Memminger, by unanimous consent, moved to reconsider the vote on the passage and engrossment of a bill relative to the entry and discharge of vessels.
The motion was agreed to, and Congress proceeded to the consideration of the bill; when Mr. Memminger moved to amend the same by inserting before the word "blockade," where it occurs in the bill, the words "present attempt to" and immediately after the word "blockade" the words "our coast."
The amendment was agreed to, and the bill as amended was read third time and passed.
Mr. Venable offered the following resolution; which was read and agreed to, to wit:
Resolved, That the Committee on Patents be instructed to inquire whether any and what legislation is necessary in reference to the, registration of deeds of transfer and sale of patents by patentors by bona fide purchasers thereof prior to the adoption of the Provisional Government by the Confederate States.
Mr. Jones of Alabama presented the memorial of A. C. Matthews; which was referred to the Committee on Claims, without being read.
Mr. Miles moved to suspend the call of the States, for the purpose of making reports from the Committee on Military Affairs.The motion was agreed to.
And Mr. Miles, from the Committee on Military Affairs, reported and recommended the passage of
A bill to aid the people of Kentucky in repelling an invasion or occupation of their soil by the armed forces of the United States.
The bill having been read first and second times, Mr. Thomason called the question, which was upon ordering the bill to be engrossed for a third reading; which was seconded; and the question being put, the bill was engrossed, read third time, and passed.
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Mr. McRae, from the Committee on Engrossment, reported as correctly engrossed and enrolled
An act 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;
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; and
An act 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.
Mr. Sparrow moved that the President be requested to return to Congress the resolutions passed directing the Secretary of War to furnish the troops in the field with bread and fresh provisions.
Mr. William Ballard Preston, from the Committee on Military Affairs, reported and recommended the passage of
A bill to authorize the appointment from civil life of persons to the staffs of generals.
The bill was read first and second times, engrossed, read third time, and passed.
Mr. Seddon presented the petition of T. T. Cropper and others; which was referred to the Committee on Naval Affairs, without being read.
Mr. Miles, from the Committee on Military Affairs, reported and recommended the passage of
A bill providing for the appointment of adjutants of regiments and legions, of the grade of subaltern, in addition to the subalterns attached to companies.
The bill was read first and second times, engrossed, read third time, and passed.
Mr. Miles, from the same committee, reported and recommended the passage of
A bill to allow rations to chaplains in the Army.
The bill was read first and second times, engrossed, read third time. and passed.
Mr. Miles, from the same committee, reported back and recommended the passage of
A bill to authorize the appointment of an additional number of cadets in the Army of the Confederate States.
Mr. Perkins moved to amend by adding the following proviso, to wit: "Provided, [That] the appointments shall be confined to the citizens of the Confederate States,"
And called the question; which was seconded; when Mr. Crawford, at the instance of the State of Georgia, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:
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Yea: Alabama, Arkansas, Florida, Louisiana, Mississippi, North Carolina, Tennessee, and Texas, 8.
Nay: South Carolina and Virginia, 2.
Divided: Georgia, 1.
Mr. Memminger moved to reconsider the vote by which the amendment of Mr. Perkins was adopted; and the vote having been taken thereon by States, resulted as follows, to wit:
Yea: Georgia, South Carolina, Tennessee, and Virginia, 4.
Nay: Alabama, Arkansas, Florida, Louisiana, Mississippi, and Texas, 6.
Divided: North Carolina, 1.
So the motion was not agreed to.
Mr. Howell Cobb, Mr. Chesnut being in the chair, moved to lay the bill on the table, and called the question; which was seconded; and the question being put, the amendment was agreed to, and the bill was laid on the table.
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 appropriation for the purchase of a steamer and certain military supplies;
An act to authorize the establishment of recruiting stations for volunteers from the States of Kentucky, Missouri, Maryland, and Delaware;
An act to establish certain post routes therein named;
An act to audit the accounts of the respective States against the Confederacy;
An act to amend the second section of an act concerning the transportation of soldiers and allowance for clothing of volunteers, and amendatory of the act for the establishment and organization of the Army of the Confederate States;
An act authorizing the President to inflict retaliation upon the persons of prisoners;
An act to provide for the defense of the Mississippi River;
An act to amend an act entitled "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; and
An act to provide a mode of authenticating claims for money against the Confederate States, not otherwise provided for.
Mr. Shorter, from the Committee on Engrossment and Enrollment, reported as correctly engrossed and enrolled the following bills:
An act to authorize the impressment of property in certain cases;
An act to require the receipt by the postmasters of the Confederate States of Treasury notes, in sums of five dollars and upwards, in payment of postage stamps or stamped envelopes;
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An act to provide for the transmission of money, bonds, or Treasury notes;
An act to amend an act entitled "An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize goods," approved May 6, 1861, and an act entitled "An act regulating the sale of prizes and the distribution thereof," approved May 16, 1861;
An act vesting certain powers in the commissioners of the district courts of the Confederate States; and
An act to aid the people of Kentucky in repelling an invasion or occupation of their soil by the armed forces of the United States.
Mr. Miles, from the Committee on Military Affairs, to whom was referred a resolution of inquiry as to what arrangements had been made by the War Department for the reception and forwarding of clothes, etc., for the soldiers, reported same back, asked to be discharged from its further consideration, and that the resolution lie on the table.
Mr. Atkins called the question, which was upon agreeing to the report of the committee; which was seconded; and the question being put, the report was agreed to.
Mr. McRae introduced
A bill providing for the reception and forwarding of articles sent to the Army by private contribution.
The bill was read first and second times, engrossed, read third time, and passed.
The Chair presented a communication from the President, inclosing an estimate from the Postmaster-General for temporary clerks; which was read and referred to the Committee on Postal Affairs.
Also, an estimate from the Secretary of the Navy for the purchase of copper; which was read and referred to the Committee on Naval Affairs.
Mr. Atkins moved that Congress take a recess until 8 o'clock p. m.
Mr. Sparrow moved that Congress do now adjourn, and Mr. Johnson of Arkansas demanded that the yeas and nays of the whole [body] be recorded thereon; which are as follows, to wit:
Yea: Florida and Texas, 2.
Nay: Alabama, Arkansas, Georgia, Louisiana, Mississippi, North Carolina, Tennessee, and Virginia, 8.
Divided: South Carolina, 1.
So the motion was not agreed to.
The question then recurred upon Mr. Atkins' motion to take a recess until 8 o'clock p. m.; and the question being put, the motion was agreed to, and Congress took a recess until 8 o'clock p. m.
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8 O'CLOCK P. M.
Mr. Miles, from the Committee on Military Affairs, to whom was referred a resolution of inquiry as to the expediency of adopting for the Army a portable breastwork, reported 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 back a bill to exempt from arrest certain persons in the service of the Confederate States, that in the opinion of the committee it was inexpedient to legislate on that subject, asked to be discharged from its further consideration, and that the bill lie on the table; and a vote having been taken thereon by States, resulted as follows, to wit:
Yea: Arkansas, Georgia, Louisiana, Mississippi, South Carolina, and Virginia, 6.
Nay: Alabama, Florida, North Carolina, Tennessee, and Texas, 5. So the report of the committee was agreed to.
Mr. Hemphill moved to suspend the call of the States, for the purpose of introducing a bill.
The motion was agreed to.
And Mr. Hemphill introduced
A bill to exempt from arrest on civil process certain persons in the service of the Confederate States;
which was read first and second times.
Mr. Harrison moved to postpone the further consideration of the bill, and that it take its place on the Calendar.
Mr. Atkins called the question; which was seconded; and the question being put, the motion was agreed to, and the bill was 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 to perpetuate testimony in cases of slaves abducted or harbored by the enemy, and of other property seized, wasted, or destroyed by them;
An act to aid the people of Kentucky in repelling an invasion or occupation of their soil by the armed forces of the United States;
An act 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;
An act vesting certain powers in the commissioners of the district courts of the Confederate States;
An act to provide for the transmission of money, bonds, or Treasury notes; and
An act to amend an act entitled "An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize goods," approved May 6, 1861, and an act entitled "An act regulating the sale of prizes and the distribution thereof," approved May 16, 1861.
The President, in compliance with the request of the Congress, has returned the resolutions to provide troops in the field with broad and fresh provisions.
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The Chair presented a communication from the President; which was read, as follows, to wit:
Executive Department,
Richmond, August 30, 1861.
Hon. Howell Cobb,
President of the Congress.
Sir: The Congress having passed an act to aid the people of Kentucky in repelling all invasion or occupation of their soil by the armed forces of the United States, I would recommend that an appropriation of $1,000,000 be made for the purpose of carrying into effect the object of said act.
JEFFERSON DAVIS.
Mr. Venable gave notice that he should on to-morrow move to extend the time appointed for the adjournment of Congress.
Mr. Smith of Alabama moved to suspend the call of the committees for reports, for the purpose of introducing a bill.
The motion was agreed to, and Mr. Smith of Alabama introduced
A bill providing for drawing jurors in cases of treason;
which was read first and second times.
Mr. Johnson called the question, which was on ordering the bill to be engrossed fore third reading; and the question being put,
Shall the call for the question be sustained?
The same was not seconded.
Mr. Miles moved to postpone the further consideration of the bill, and that it take its place on the Calendar.
Mr. Foreman called the question; and the call being seconded, the question was put, and the motion was not agreed to.
Mr. Memminger called the question, which was upon ordering the bill to be engrossed for a third reading; and the question being put, the bill was engrossed and read a third time, and the question recurring on the passage of the bill, Mr. T. R. R. Cobb, at the instance of the State of Georgia, demanded that the yeas and nays of the whole body be recorded; which are as follows, to wit:
Yea: Alabama, Arkansas, Louisiana, Mississippi, North Carolina, Tennessee, Texas, and Virginia, 8.
Nay: Florida and Georgia, 2.
Divided: South Carolina, 1.
So the bill was passed.
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Mr. Smith of Alabama moved to change the title of the bill by striking out the words "cases of treason" and inserting in lieu thereof "criminal cases."
The motion was agreed to.
Mr. Miles, from the Committee on Military Affairs, reported and recommended the passage of
A bill making appropriation to aid the people of Kentucky;
which was read first and second times, engrossed, read third time, and passed.
Mr. Miles, from the same committee, to whom was referred a resolution providing for the discharge of drillmasters voluntarily serving in the Army of the Confederate States, reported the same back, with the recommendation that it be adopted; which was agreed to, and the resolution as adopted is as follows:
Whereas under the authority of some of the States drillmasters were attached to various regiments; and
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 drillmasters 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. Atkins introduced
A bill fixing the rank and pay of adjutants of regiments;
which was read first and second times and referred to the Committee on Military Affairs.
Mr. Venable introduced
A bill authorizing the sale of the steamer North Carolina;
which was read first and second times.
Mr. Rhett called the question, which was upon ordering the bill to be engrossed for a third reading; and the question being seconded, was put, and the bill was engrossed and read a third time.
Mr. Waul moved that Congress do now adjourn.
The motion was not agreed to.
The question then recurring on the passage of the bill, Mr. Avery called the question; which was seconded, and
Mr. Waul, at the instance of the State of Texas, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:
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Yea: Alabama, Arkansas, Florida, North Carolina, South Carolina, Tennessee, Texas, and Virginia, 8.
Nay: Georgia and Mississippi, 2.
Divided: Louisiana, 1.
So the bill was passed.
Mr. Miles presented the memorial of certain medical officers; which was referred to the Committee on Military Affairs, without being read.
Mr. Curry moved that when Congress adjourns it adjourn to meet at 11 o'clock a. m. to-morrow.
The motion was agreed to. And on motion of Mr. Kenner,
Congress then adjourned until 11 o'clock a. m. to-morrow.
EXECUTIVE SESSION.
Congress being in executive session,
The Chair presented to Congress a communication from the President, transmitting, for advice and consent, the following nominations for postmasters:
J. D. Mann, Aberdeen, Miss.; S. H. Lamb, Clarksville, Tenn.; Jacob Isaacs, Columbus, Miss.; John B. Root, Galveston, Tex.; R. H. Glass, Lynchburg, Va.; Washington Poe, Macon, Ga.; William F. Groves, Marietta, Ga.; E. S. Candler, Milledgeville, Ga.;
which were referred to the Committee on Postal Affairs.
Congress resumed legislative session.
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