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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 --FRIDAY, February 21, 1862.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 2]
FRIDAY, February 21, 1862.

OPEN SESSION.

On motion of Mr. Barnwell, the joint resolution of the House of Representatives, approving the resolution passed by the legislature of Virginia, expressing her determination to vindicate her ancient boundaries, and pledging all the resources of the Confederacy to uphold her determination, was taken up, read the first, second, and third times, and the question being put upon the passage of the resolution, was decided in the affirmative--Yeas 23, nays 0.

On motion by Mr. Barnwell,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Barnwell, Baker, Brown, Clay, Clark, Davis, Dortch, Haynes, Henry, Hill, Hunter, Johnson, Maxwell, Mitchel, Orr, Oldham, Phelan, Peyton, Preston, Sparrow, Semmes, Simms, and Wigfall.

In the negative, none.

On motion by Mr. Haynes,

Ordered, That the vote by which the resolutions offered by Mr. Sparrow yesterday, providing for the classification of Senators, was adopted, be reconsidered.

Mr. Haynes then moved to amend the resolutions by striking out that portion of the first resolution in relation to the designation of the different classes and inserting in lieu thereof the following:
those drawing the ballots marked "two years" shall be designated as the first class; those drawing the ballots marked "four years" shall be designated as the second class; and those drawing the ballots marked "six years" shall be designated as the third class;
which was agreed to.

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The resolutions as amended were then agreed to, and are as follows:

Resolved, That the Senate shall be divided into three classes, as required by section third, article first, of the Constitution, in the following manner: Four ballots marked "two years--four years," five marked "four years--six years," and four marked "two years--six years" shall be prepared under the direction of the President of the Senate, and deposited in a box; and, in the presence of the Senate, one of said ballots shall be drawn therefrom by one of the Senators from each State in behalf of his State; and the term of service of the Senators from each State shall correspond with the number of years designated by the ballot thus drawn; those drawing the ballots marked "two years" shall be designated as the first class; those drawing the ballots marked "four years" shall be designated as the second class; and those drawing the ballots marked "six years" shall be designated as the third class.

Resolved further, That immediately after said drawing the President of the Senate shall direct two ballots to be prepared and deposited in a box, with numbers thereon corresponding with the term of the Senators from their respective States called in alphabetical order, and one of the Senators from the State thus called shall draw out one of said ballots, and his term of service shall correspond with the number thus drawn, and the term of the other Senator shall correspond with the number on the ballot remaining.

Mr. Clark submitted the following resolution; which was considered by unanimous consent and agreed to:

Resolved, That Richard M. Smith, the printer for the Provisional Congress, act as printer for the Senate until otherwise ordered by the Senate.

On motion by Mr. Orr,

The Senate proceeded to the consideration of the joint resolution (H. R. --) for the appointment of a committee to participate in the arrangement of the ceremonies for the inauguration of the President and Vice-President of the Confederate States of America.

On motion by Mr. Orr,

The resolution was agreed to, and a committee of three appointed on the part of the Senate.

The President pro tempore announced Messrs. Orr, Brown, and Henry as the committee.

On motion by Mr. Sparrow,

The Senate proceeded, by ballot, to the classification of its members, according to the provisions of the third section of the first article of the Constitution.

The ballots having been prepared and deposited in a box by the President pro tempore of the Senate, the States were called alphabetically and the ballots drawn, with the following result:

• The State of Alabama being called, Mr. Clay came forward and drew from the box, on behalf of that State, a ballot having marked thereon "two years--six years."
• The State of Arkansas being called, Mr. Johnson came forward and drew from the box, on behalf of that State, a ballot having marked thereon "two years--six years."
• The State of Florida being called, Mr. Maxwell came forward and drew from the box, on behalf of that State, a ballot having marked thereon "two years--four years."
• The State of Georgia being called, Mr. Hill came forward and drew from the box, on behalf of that State, a ballot having marked thereon "two years--six years."
• The State of Kentucky being called, Mr. Simms came forward and drew from the box, on behalf of that State, a ballot having marked thereon "two years--six years."
• The State of Louisiana being called, Mr. Semmes came forward and

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  drew from the box, on behalf of that State, a ballot having marked thereon "four years--six years."

• The State of Mississippi being called, Mr. Phelan came forward and drew from the box, on behalf of that State, a ballot having marked thereon "two years--four years."
• The State of Missouri being called, Mr. Peyton came forward and drew from the box, on behalf of that State, a ballot having marked thereon "two years--four years."
• The State of North Carolina being called, Mr. Davis came forward and drew from the box, on behalf of that State, a ballot having marked thereon "two years--four years."
• The State of South Carolina being called, Mr. Barnwell came forward and drew from the box, on behalf of that State, a ballot having marked thereon "four years--six years."
• The State of Tennessee being called, Mr. Haynes came forward and drew from the box, on behalf of that State, a ballot having marked thereon "four years--six years."
• The State of Texas being called, Mr. Wigfall came forward and drew from the box, on behalf of that State, a ballot having marked thereon "four years--six years."
• The State of Virginia being called; Mr. Preston came forward and drew from the box, on behalf of that State, a ballot having marked thereon "four years--six years."

The Senate then proceeded to ballot a second time, with the following result:

• The States being called in alphabetical order, the President pro tempore placed in the box two ballots for the State of Alabama, having marked upon them the numbers corresponding with the numbers on the ballot first drawn for that State, which were drawn as follows: Clement C. Clay, two years; William L. Yancey, six years.
• The ballots for the State of Arkansas being placed in the box and marked with numbers corresponding with the numbers on the ballot first drawn for that State, were drawn as follows: Charles B. Mitchel, six years; Robert W. Johnson, two years.
• The ballots for the State of Florida having been placed in the box and marked with numbers corresponding with the numbers on the ballot first drawn for that State, were drawn as follows: Augustus E. Maxwell, four years; James M. Baker, two years.
• The ballots for the State of Georgia having been placed in the box, properly marked, were drawn as follows: Benjamin H. Hill, six years; Robert Toombs, two years.
• The ballots for the State of Kentucky having been placed in the box, properly marked, were drawn as follows: William E. Simms, two years; Henry C. Burnett, six years.
• The ballots for the State of Louisiana having been placed in the box, properly marked, were drawn as follows: T. J. Semmes, four years; Edward Sparrow, six years.
• The ballots for the State of Mississippi having been placed in the box, properly marked, were drawn as follows: James Phelan, two years; A. G. Brown, four years.
• The ballots for the State of Missouri having been placed in the box, properly marked, were drawn as follows: John B. Clark, two years; R. L. Y. Peyton, four years.
• The ballots for the State of North Carolina having been put in the

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  box, properly marked, were drawn as follows: William T. Dortch, four years; George Davis, two years.

• The ballots for the State of South Carolina being placed in the box, properly marked, were drawn as follows: Robert W. Barnwell, four years; James L. Orr, six years.
• The ballots for the State of Tennessee being placed in the box, properly marked, were drawn as follows: Landon C. Haynes, six years; Gustavus A. Henry, four years.
• The ballots for the State of Texas having been placed in the box, properly marked, were drawn as follows: Louis T. Wigfall, four years; W. S. Oldham, six years.
• The ballots for the State of Virginia having been placed in the box, properly marked, were drawn as follows: William Ballard Preston, four years; R. M. T. Hunter, six years.

So that the Senators of the first class are:

James M. Baker, John B. Clark, Clement C. Clay, George Davis, Robert W. Johnson, James Phelan, William E. Simms, and Robert Toombs.

And their term of office two years.

The Senators of the second class are:

Robert W. Barnwell. A. G. Brown, William T. Dortch, Gustavus A. Henry, Augustus E. Maxwell, R. L. Y. Peyton, William Ballard Preston, T. J. Semmes. and Louis T. Wigfall,

And their term of office four years.

The Senators of the third class are:

Henry C. Burnett, Landon C. Haynes, Benjamin H. Hill R. M. T. Hunter, Charles B. Mitchel, W. S. Oldham, James L. Orr, Edward Sparrow, and William L. Yancey,

And their term of office six years.

A message from the House of Representatives, by Mr. Dixon, their Clerk:

Mr. President: I am directed by the House of Representatives to inform the Senate that they have concurred in the following Senate resolution, to wit:

"Resolved by the Senate and House of Representatives of the Confederate States in Congress assembled, That the Attorney-General be requested to return to the Clerk of the House of Representatives the papers that were on file in the office of the Clerk of the Provisional Congress, and all documents and other papers that were under the Clerk's control in the hands of the Public Printer and not otherwise disposed of by order of the Provisional Congress; and that all papers referring to executive sessions and executive business be returned to the Secretary of the Senate."

On motion by Mr. Sparrow,

Ordered, That when the Senate adjourns it be to meet at 10 o'clock to-morrow.

On motion by Mr. Sparrow,

The Senate adjourned.

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