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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-SEVENTH DAY--SATURDAY, August 31, 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-SEVENTH DAY--SATURDAY, August 31, 1861.

OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Doll.

Congress then resolved itself into secret session.

SECRET SESSION.

Congress being in secret session,

Mr. Orr, from Mississippi, moved to take up from the Calendar a resolution removing the injunction of secrecy from the appointment of a committee of one from each State to inquire of the commercial and financial independence of the Confederate States.

The resolution was taken up, read, and agreed to.

Craige offered the following resolution; which was read and agreed to, to wit:

Resolved, That the President of the Confederate States be requested to communicate to this House all the information he has in relation to the landing of Federal troops upon the coast of North Carolina, and what steps, if any, have been taken to repel the invasion and to put the coast in a state of defense.

Mr. Rhett moved to take up for consideration a bill on the Calendar, to establish the rates of postage on newspapers and periodicals,


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sent to dealers therein, through the mails or by express over post-roads.

Congress proceeded to the consideration of the bill, and section 2 being read, which relates to the carriage of newspapers outside the mails, the Committee on Postal Affairs moved to amend the same by striking out "and for express companies;" and also to strike out the word "package" and insert in lieu thereof the word "paper," and also to strike out the words "stating the number of such papers and periodicals."

The amendments were agreed to.

Section 3 being under consideration, which relates to the penalties for the violation of the act under consideration, the Committee on Postal Affairs moved to amend the same by striking out the words "or express companies."

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

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

Resolved, That the President be, and he is hereby, authorized to communicate copies of 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, and an act making appropriation to aid the people of Kentucky, etc., to such persons as he may think proper, and to publish such acts whenever he may deem it expedient to do so.

Mr. Miles moved to remove the injunction of secrecy from the resolution appointing a committee of five to examine into and report upon the administration of the Commissary, Quartermaster, and Medical Departments.

Mr. Hemphill offered the following resolution, to wit:

Resolved, That there be paid to R. H. Wynne, the Doorkeeper, forty-five and sixty one-hundredths dollars out of the contingent fired of Congress for excess of postage paid by him for the members.

On motion of Mr. Perkins, the resolution was laid on the table.

A communication was read from Mr. Josselyn, Private Secretary of the President, informing Congress that the President on yesterday approved and signed

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; also

An act to be entitled "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. Scott asked leave to withdraw from the file the petition of Dr. S. P. Hale.

The leave was granted.

Mr. William Ballard Preston, from the Committee on Military Affairs, to whom was referred the memorial of the auditing board of Virginia, reported the same back, asked to be discharged from its further consideration, and that the memorial lie on the table; which was agreed to.

Mr. Miles, from the Committee on Military Affairs, moved to reconsider the vote upon the engrossment and passage of resolutions to provide troops in the field with bread and fresh provisions.

The motion was agreed to: and


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Mr. Miles moved to amend the same by striking out the original resolutions and inserting in lieu of them the following, to wit:

Resolutions to provide troops in the field with bread and fresh provisions.

Resolved by the Congress of the Confederate States, That the Secretary of War be, and he is hereby, directed to furnish to such of our troops in the field as desire it upon requisition made, and whenever practicable, in lieu of the usual ration of flour an equivalent of well-baked bread; and to this end he is authorized to establish bakeries in such numbers and at such points as may be necessary, or to make contracts for the supply of such bread.

Resolved, That a daily ration of fresh vegetables be furnished to all troops whenever the same can be provided at reasonable cost and charges to the Government;
which was read first and second times.

Mr. Conrad called the question, which was upon agreeing to substitute as an amendment; and the call being seconded, the question was put, and the amendment was agreed to.

The question then recurred upon adopting the substitute in lieu of the original resolutions; and the question being put, the same was adopted and were engrossed, read third time, and passed.

Mr. Venable moved to take up for consideration the resolution offered by him to extend the time for the adjournment of Congress.

Mr. Curry called the question.

The call was not seconded.

Mr. Foreman called the question; which was seconded, and the motion was agreed to, and Congress proceeded to the consideration of the resolution; which is as follows, to wit:

Resolved, That the order fixing Saturday, the thirty-first instant, as the day of adjournment be rescinded, and that Saturday, the seventh instant [proximo], be fixed as the day of adjournment.

Mr. Kenner called the question, which was upon agreeing to the resolution; and the call being seconded, Mr. Venable moved to reconsider the vote by which the call for the question was seconded.

The motion was agreed to.

Mr. Venable moved to amend the resolution by striking out "Saturday, the thirty-first instant," and inserting in lieu thereof "Monday, the second instant [proximo]."

The amendment was agreed to.

Mr. Venable called the question, which was upon agreeing to the resolution; when Mr. Curry, tit the instance of the State of Alabama, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:

Yea: Florida, North Carolina, Texas, and Virginia, 4.

Nay: Alabama, Arkansas, Georgia, Louisiana, Mississippi, South Carolina, and Tennessee, 7.

So the resolution was not agreed to.

Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled

An act to reimburse the State of Florida;

An act to allow rations to chaplains in the Army;

An act providing for the reception and forwarding of articles sent to the Army by private contribution;

An act providing for the appointment of adjutants of regiments and legions, of the grade of subaltern, in addition to the subalterns attached to companies;

An act to authorize the appointment from civil life of persons to the staffs of generals;

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;

An act making an additional appropriation for the payment of clerks and a messenger for the Post-Office Department, and to authorize the Postmaster-General to appoint an additional messenger for the Post-Office Department;

An act making appropriation to aid the people of Kentucky;

An act providing for drawing jurors in criminal cases;

An act authorizing the sale of the steamer North Carolina; and

A resolution in relation to drillmasters appointed by States.

Mr. Conrad, from the Committee on Naval Affairs, to whom was referred the memorial of Thomas M. Newell, late a captain in the United States Navy, reported the same back, asked to be discharged from its further consideration, and that the memorial lie on the table.

Mr. Foreman moved to amend the report of the committee by substituting therefor the following, to wit:

Be it resolved by the Confederate Congress, That the President be requested to place Captain Thomas M. Newell, who resigned from the United States Navy upon the secession of the State of Georgia, and had been placed upon the best or honorable list by the board, having been retired, not for demerit, but honorably on account of his age, upon the same footing in the Confederate Navy that he held in the United States Navy.

Mr. Conrad moved to postpone the further consideration of the report and substitute until November next.

The motion was agreed to, and the report and substitute were laid on the table.

Mr. Conrad, from the Committee on Naval Affairs, reported and recommended the passage of a bill entitled

An act to amend an act relating to the prepayment of postage in certain cases;
which was read first and second times and, on motion, the further consideration of the bill was postponed until November next.

Mr. Conrad, from the same committee, reported and recommended the passage of


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A bill to provide an adequate supply of copper for naval purposes; which was read first and second times.

Mr. Curry moved to amend the bill by inserting after the word "mine" the words "or mines."

The amendment was agreed to.

Mr. Kenner called the question, which was upon ordering the bill to be engrossed for a third reading; and the call for the question being seconded, Mr. Perkins, at the instance of the State of Louisiana, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:

Yea: Arkansas, Florida, Louisiana, Tennessee, and Texas, 5.

Nay: Alabama, Georgia, Mississippi, South Carolina, and Virginia, 5.

So the House refused to consent to the engrossment of the bill.

Mr. Miles moved to take up for consideration a bill on the Calendar,

To authorize the President to continue the appointments made by him in the military and naval service during the recess of Congress, or the present session, and to submit them to Congress at its next session.

The motion was agreed to, and the bill was taken up, engrossed, read a third time, and passed.

Mr. Conrad, from the special committee of five appointed to inquire into the supply of powder and small arms, made a report; which was received and, on motion of Mr. Avery, was laid on the table.

Mr. Curry, from the Committee on Postal Affairs, reported and recommended the passage of

A bill making an additional appropriation for the payment of clerks and a messenger for the Post-Office Department, and to authorize the Postmaster-General to appoint an additional messenger for the Post-Office Department.

The bill was read first and second times, engrossed, read third time, and passed.

Mr. Curry, from the Committee on Rules, reported the following resolution; which was read and agreed to, to wit:

Resolved, That the proceedings of the Congress in secret session shall be held, and considered to be, in confidence, until the injunction of secrecy has been duly removed by the consent of the Congress, upon motion made for that purpose.


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Mr. Avery called for the consideration of his motion to reconsider the vote on the engrossment and passage of

A bill to authorize the appointment of supernumerary lieutenants in the Provisional Army.

The motion was agreed to, and the vote was reconsidered, when Mr. Avery offered as a substitute for the original bill

A bill to authorize the appointment of drillmasters, with the rank of second lieutenant, in the Provisional Army.

The substitute was agreed to, read first and second times, engrossed, read third time, and passed.

Mr. Miles moved to take up for consideration

A bill on the Calendar entitled "An act explanatory of an act amendatory of an act for the organization of the staff departments of the Army, and an act for the establishment and organization of the Army of the Confederate States of America, approved March fourteenth, eighteen hundred and sixty-one."

The motion was agreed to, and the bill was taken up, and, on motion of Mr. William Ballard Preston, the further consideration of the same was postponed until November next.

The Chair presented a communication from the President, in reply to a resolution of inquiry from the Congress, inclosing telegraphic dispatches from General Gatlin, of North Carolina, relative to the taking of Fort Hatteras, in that State.

On motion of Mr. Curry,

Congress then took a recess until 8 o'clock p. m.

8 O'CLOCK P. M.

Mr. De Clouet, from the Committee on Accounts, reported a resolution in regard to certain moneys of the Congress; which was read first and second times, engrossed, read third time, and passed.

Also, a resolution in respect to the accounts of Congress; which was read first and second times, engrossed, read third time, and passed.

Mr. Macfarland, from the special committee of one from each State, appointed to inquire into and report upon the condition of the hospitals for the sick and wounded soldiers, reported as follows, to wit:

That the committee instructed to inquire into the condition and management of the army hospitals in this city respectfully report that they proceeded, without delay, to visit many of the hospitals, wherein were confined the sick and wounded of our Army, and sought interviews with the surgeons having them under their charge, with a view to discover if the comfort of the sufferers were duly considered, and the care and treatment observed calculated to restore their health.

They had also in view to make known the sensibility of Congress and the country to secure for the wounded and sick soldiers the best medical attendance and the amplest provision for their wants.

They have the satisfaction to report that the hospitals visited by them are under the direction of skillful surgeons, attended by nurses, male and female, in a neat condition for the most part, some of them in excellent order and supplied with proper bedding and other necessaries. Many ladies who have been alike compassionate in their efforts to minister to the necessities of the suffering soldiers are worthy of the most thankful acknowledgment.

Their delicacy might be offended by directing public attention to them, and therefore, your committee content themselves with stating that they are of the different religious denominations among us.

It is due also to the city of Richmond to state that the citizens have been liberal and considerate in their contributions, as well as in their kindness and civilities, evincing a generous solicitude to welcome as friends all those of the Army by whom their sympathy in misfortune would be accepted.


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It does not seem to the committee that any special legislation is now necessary, and they ask to be discharged.

Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled

An act to authorize the appointment of drillmasters, with the rank of second lieutenant, in the Provisional Army.

Resolutions to provide troops in the field with bread and fresh provisions; and

An act to establish the rates of postage on newspapers and periodicals, sent to dealers therein, through the mails or by express over postroads.

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 authorize the appointment from civil life of persons to the staffs of generals:

An act providing for the appointment of adjutants of regiments and legions, of the grade of subaltern, in addition to the subalterns attached to companies;

An act providing for the reception and forwarding of articles sent to the Army by private contribution;

An act to allow rations to chaplains in the Army;

An act making appropriation to aid the people of Kentucky;

A resolution in relation to drillmasters appointed by States; and

An act making an additional appropriation for the payment of clerks and a messenger for the Post-Office Department, and to authorize the Postmaster-General to appoint an additional messenger for the Post-Office Department.

Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled

Resolutions in relation to the accounts of the Congress; and

Resolutions in regard to certain moneys of the Congress.

Mr. Brooke offered the following resolutions; which were read first and second times, to wit:

Resolved, That the Secretary of the Treasury be authorized and required to pay to Madison McAfee, quartermaster-general of the State of Mississippi, that portion of the accounts of said State against the Confederate States now audited and allowed by the proper accounting officers on the authority presented by said McAfee, attested by W. H. Brown, adjutant and inspector general of said State, by order of the governor thereof.

Resolved further, That the Secretary of the Treasury be authorized and required to pay to said McAfee the further sum of ten thousand dollars, to be applied to the wants of the sick and wounded soldiers of said State and for the use of hospitals for said soldiers, to be expended under his, the said McAfee's, directions; the said sum to be charged to sam State, or that portion of her accounts against the Confederate States yet to be audited and allowed: Provided, [That] the assent of the military board of said State be first had and obtained.

Mr. Miles called the question, which was upon ordering the resolutions to be engrossed for a third reading; and the call being seconded, Mr. Brooke, at the instance of the State of Mississippi, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:

Yea: Mississippi, 1.

Nay: Alabama, Arkansas, Georgia, Louisiana, North Carolina, South Carolina, Tennessee, Texas, and Virginia, 9.

So the House refused to consent to the engrossment of the resolutions.

Mr. McRae offered the following resolution; which was read and, on motion of Mr. Avery, was laid on the table.

Resolved, That the President be requested to cause a rigid inquiry to be made into the organization of the Army, for the purpose of ascertaining whether the various regiments, battalions, and companies have the organization required by law, and, where they are found to be incomplete or otherwise irregular, he is hereby authorized and required to consolidate or divide the same, as the case may be, so as to make their organization conform to the act of the sixth of March, eighteen hundred and sixty-one.

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 establish the rates of postage on newspapers and periodicals, sent to dealers therein, through the mails or by express over postroads;

Resolutions in regard to certain moneys of the Congress;

Resolutions to provide troops in the field with bread and fresh provisions;

Resolutions in respect to the accounts of the Congress; and

An act to reimburse the State of Florida.

Mr. Curry offered the following resolution, to wit:

Resolved, That a committee be appointed to wait upon the President and inform him that Congress is now ready to adjourn, unless he has further communication to make to the body.

Mr. Conrad moved to lay the resolution on the table, and called the question; which was seconded; and a vote having been taken thereon by States, resulted as follows, to wit:

Yea: Florida, Louisiana, Texas, and Virginia, 4.

Nay: Alabama, Arkansas, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee, 7.

So the motion was not agreed to.

The question then recurred upon agreeing to the resolution; and the question being put, the resolution was agreed to, and the Chair announced the following as the committee:

Messrs. Curry of Alabama, Crawford of Georgia, and Currin of Tennessee.

Mr. Kenner moved that the injunction of secrecy be removed from the report of Mr. Macfarland on hospitals and the same be published.

The motion was agreed to.


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

Resolved, That the injunction of secrecy be removed as to all acts and resolutions of a public nature passed and approved at the present session, except such as may have the injunction upon them in whole or in part.

Mr. Curry, from the committee of three appointed to wait on the President and to inform him that Congress was ready to adjourn if he had no further communications to lay before it, reported that the committee had discharged that duty: That the President had expressed himself highly gratified at the extent of the confidence reposed in him by the Congress, and the prompt and efficient aid afforded to him in the administration of the Government, and that he had no further communication to make which would require further legislation for the present by the Congress.

Mr. Crawford moved that Congress do now adjourn.

The motion was agreed to, and the Chair declared the Congress adjourned until the third Monday in November next.

EXECUTIVE SESSION.

Congress being in executive session,

The Chair presented a communication from the President, withdrawing the nomination of Thomas K. Jackson, to be lieutenant-colonel in the Georgia Legion, and nominating for said appointment Richard B. Garnett, of Virginia.

Congress advised and consented to the nomination.

The Chair presented also a communication from the President, making the following nominations of generals in the Army of the Confederate States, to take rank as follows, viz:

Samuel Cooper, to date from 16th May, 1861; Albert S. Johnston, to date from 30th May, 1861; Robert E. Lee, to date from 14th June, 1861; Joseph E. Johnston, to date from 4th July, 1861; G. T. Beauregard, to date from 21st July, 1861.

Congress advised and consented to the nominations.

The Chair also laid before Congress a communication from the President, nominating as aids-de-camp to the President, with the rank of colonel of cavalry:

Joseph R. Davis, now lieutenant-colonel of Mississippi Volunteers, and George W. C. Lee, captain of engineers in Confederate States Army.

Congress advised and consented to the nominations.

Congress agreed to the motion of Mr. Curry, to reconsider the vote by which Congress advised and consented to the nomination of J. M. Reid, to be postmaster at New Orleans.

On motion of Mr. Sparrow, said nomination was recommitted to the Committee on Postal Affairs.

Mr. Curry, from the Committee on Postal Affairs, to which was referred the communication of the President transmitting, on 30th instant, nominations for postmasters, reported the same back and recommended that Congress advise and consent to the nominations, except that of Washington Poe, to be postmaster at Macon, Ga.

The report was agreed to, and the nominations as recommended were advised and consented to.

On motion of Mr. Curry, the nomination of Washington Poe was postponed until next session.

Congress resumed legislative session.

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