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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--TUESDAY, September 30, 1862.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Moore.
Leave of absence was granted Messrs. H. W. Bruce. Moore, Gaither, and Machen for the remainder of the session.
On motion of Mr. Foote, the House resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:
Mr. Speaker: The Senate have passed a bill of the following title, viz:
In which I am directed to ask the concurrence of this House.
A message was also received from the Senate; which is as follows, to wit:
Mr. Speaker: The Senate have passed a bill and joint resolution of this House of the following titles, viz:
The Senate have passed a bill of the following title, viz:
In which bill I am directed to ask the concurrence of this House.
Mr. Moore presented the memorial and claim of William D. Miller, of Lynchburg, Va., asking pay for loss of a negro; which was referred to the Committee on Claims, without being read.
Mr. Chambers, from the Committee on Enrolled Bills. reported as correctly enrolled and ready for the signature of the Speaker
A bill to be entitled "An act supplemental to an act authorizing the Secretary of War to grant transfers, approved September twenty-third, eighteen hundred and sixty-two."
The Speaker signed the same.
The hour having arrived for the consideration of the special order, Mr. Chilton moved that the same be postponed.
The motion was lost, and the House proceeded to the consideration of the special order, which was
A bill to be entitled "An act to exempt certain persons from military duty, and to repeal an act entitled 'An act to exempt certain persons from enrollment for service in the Army of the Confederate States,' approved April twenty-first, eighteen hundred and sixty-two."
Mr. Perkins moved to amend by inserting after the word "mechanics" the words "in the active service and employment;" which was agreed to.
Mr. Foster moved to amend by striking out the words
every minister of religion authorized to preach according to the rules of his sect, and in the regular discharge of ministerial duties,
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and called the question thereon; which was ordered, and the amendment was lost.
Mr. Foster also moved to amend by striking out the words
and all persons who have been and now are members of the Society of Friends and the Association of Dunkers in regular membership in their respective denominations.
Mr. Ashe moved to amend by adding after the word "denominations" the words
Provided, The members of the Society of Friends or Dunkers shall furnish substitutes or pay a tax of five hundred dollars into the Confederate Treasury.
Mr. Kenner demanded the question; which was ordered, and the amendment was agreed to.
Mr. Garnett demanded the question; which was ordered, and was upon agreeing to the amendment of Mr. Foster.
Mr. Goode demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Barksdale, Batson, Bonham, Eli M. Bruce, Clapp, Clopton, Currin, Dupré, Foster, Gartrell, Holt, Kenan of North Carolina, Kenner, Lander, McRae, Menees, Pugh, Welsh, and Wright of Tennessee.
Nays: Ashe, Baldwin, Boteler, Chambers, Chilton, Clark, Collier, Conrad, Curry, Dargan, Dawkins, De Jarnette, Farrow, Foote, Garland, Garnett, Goode, Graham, Gray, Hanly, Hartridge, Heiskell, Herbert, Hilton, Holcombe, Jones, Kenan of Georgia, Lyon, Lyons, Machen, Marshall, McDowell, McQueen, Miles, Perkins, Preston, Ralls, Royston, Russell, Smith of North Carolina, Trippe, Wright of Texas, and Mr. Speaker.
So the amendment was lost.
Mr. Hanly moved a reconsideration of the vote by which the amendment was rejected.
Mr. Goode moved to lay that motion upon the table; which was agreed to.
A message was received from the President, by his Private Secretary, Mr. Harrison.
Mr. Garnett moved a suspension of the rules to enable him to introduce a resolution; which was agreed to, and Mr. Garnett offered a resolution that no debate shall be allowed upon the bill under consideration or the amendments thereto, and called the question thereon; which was ordered, and the resolution was agreed to.
Mr. Chambers moved that the House reconsider the vote by which the resolution was agreed to.
Mr. Royston moved to lay the motion upon the table; which was agreed to.
Mr. Smith of North Carolina moved to amend by inserting after the word "Dunkers" the word "Mennonists;" which was agreed to.
Mr. Miles moved to amend by inserting after the word "denominations" the words
all professors and teachers in theological seminaries and all students therein who are candidates for the ministry.
Mr. Perkins moved to amend the amendment by inserting after the word "therein" the words "who were such at the time of the secession of their respective States, and."
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The amendment to the amendment was lost.
Mr. Clopton moved to amend the amendment by striking out the words "and students therein who are candidates for the ministry."
Mr. Foster moved to lay the same upon the table.
Mr. Garnett demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Ayer, Barksdale, Bonham, Clark, Clopton, Collier, Conrad, Currin, Dargan, Dupré, Foster, Garland, Gartrell, Heiskell, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon, Machen, Menees, Pugh, Tibbs, Trippe, Welsh, Wilcox, Wright of Texas, and Wright of Tennessee.
Nays: Ashe, Baldwin, Batson, Boteler, Bridgers, Eli M Bruce, Chilton, Curry, De Jarnette, Farrow, Foote, Garnett, Goode, Graham, Gray, Hanly, Hartridge, Herbert, Hilton, Holcombe, Lyons, Marshall, McDowell, McRae, McQueen, Miles, Moore, Perkins, Preston, Ralls, Royston, Russell, Smith of North Carolina, and Mr. Speaker.
So the motion to lay on the table was lost, and the amendment to the amendment was lost.
Mr. Foster moved to amend the amendment by adding thereto the words "That all lawyers, farmers, planters, merchants, and mechanics be exempted."
Mr. Royston moved to lay the same upon the table; which was agreed to.
The question recurring on the amendment offered by Mr. Miles, Mr. Miles called for the yeas and nays;
Which were ordered,
Yeas: Ashe, Baldwin, Batson, Boteler, Eli M. Bruce, Chilton, Collier, Curry, Dawkins, De Jarnette, Foote, Garnett, Goode, Graham, Gray, Hanly, Hartridge, Herbert, Hilton, Lyons, Marshall, McDowell, McQueen, Miles, Preston, Ralls, Royston, Russell, Smith of North Carolina, Wright of Texas, and Mr. Speaker.
Nays: Arrington, Atkins, Ayer, Barksdale, Bonham, Bridgers, Clark, Clopton, Conrad, Dargan, Farrow, Foster, Garland, Gartrell, Heiskell, Holt, Jones, Kenan of Georgia, Kenan of North Carolina, Kenner, Lander, Lyon, Machen, McRae, Menees, Perkins, Pugh, Swan, Tibbs, Trippe, Welsh, Wilcox, and Wright of Tennessee.
So the amendment was lost.
Mr. Graham moved to amend by striking out the word "five" and inserting in lieu thereof the word "three."
The amendment was lost.
Mr. Kenan of Georgia moved to amend by striking out the words
all physicians who now are and for the last five years have been in the actual practice of their profession.
The amendment was lost.
Mr. Russell moved to amend by inserting after the word "profession" the words
Provided, That any time spent in military service during the war shall be reckoned as part of the time of such practice in computing the said five years.
On motion of Mr. Atkins, the same was laid upon the table.
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Mr. Russell moved to amend by inserting after the word "profession" the words
and where there is no such practicing physician residing among a population of two thousand persons or more, one physician for such population may be exempted at the discretion of the President.
The amendment was lost.
Mr. Holt moved that the House take a recess until 8 o'clock.
The motion was lost.
Mr. Barksdale moved that the House adjourn.
The motion was lost.
Mr. Gray moved to amend by inserting after the word "profession" the words
the only sons of widows who have sole charge of the widow's farm, stock, ranch, or other business for her support;
which was agreed to.
Mr. Conrad moved a reconsideration of the vote agreeing to the amendment.
Mr. Kenan of Georgia moved to lay that motion on the table.
The motion to lay on the table was lost, and the motion to reconsider was agreed to.
Mr. Conrad moved to amend the amendment by striking out the word "only" and inserting in lieu thereof the word "one," and inserting before the word "widows" the word "every," and to change the word "widows" to "widow;" which was agreed to.
Mr. Bonham moved to amend the amendment by inserting the words "and all persons whose families are dependent upon such person alone for support."
The amendment to the amendment was lost, and the amendment of Mr. Gray was agreed to as amended.
Mr. Miles moved to amend by inserting after the amendment of Mr. Gray the words
all professors and teachers in State military academies or schools and the cadets therein.
Mr. Foster moved that the House take a recess until a quarter past 8 o'clock.
The motion was lost.
Mr. Curry moved to amend the amendment by inserting after the word "cadets" the words "not over twenty-one years of age;" which was agreed to.
Mr. Foote demanded the previous question.
The demand was not sustained.
Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly enrolled and ready for the signature of the Speaker
A bill to be entitled "An act to amend an act entitled '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,' approved August thirty-first, eighteen hundred and sixty-one;" also
A bill to be entitled "An act to empower certain persons to administer oaths in certain cases."
And the Speaker signed the same.
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The Chair laid before the House a communication from the President; which is as follows, to wit:
Richmond, Va., September 30, 1862.
I herewith transmit for your consideration a communication from the Secretary of War, submitting estimates of the Quartermaster-General.
I recommend that an appropriation be made of the amount for the purposes specified.
JEFFERSON DAVIS
which, with its accompanying documents, was read and referred to the Committee on Ways and Means.
The Chair also presented a bill of the Senate to amend an act to provide for the public defense, approved March 6, 1861; which was read the first and second times and referred to the Committee on Military Affairs.
Also, a Senate bill to amend an act entitled "An act for the establishment and organization of a general staff for the Army of the Confederate States of America," approved February 26, 1861; which was read the first and second times and referred to the Committee on Military Affairs.
Also, a Senate bill to permit persons subject to enrollment to enlist in the Marine Corps; which was read the first and second times and referred to the Committee on Naval Affairs.
Also, a Senate bill to authorize the Vice-President of the Confederate States to employ a Secretary; which was read the first and second times and referred to the Committee on the Judiciary.
Also, a Senate bill for the relief of disbursing officers and other agents of the Government in certain cases; which was read the first and second times and referred to the Committee on the Quartermaster's and Commissary Departments and Military Transportation.
The Chair also presented a bill of the House entitled
A bill supplementary to an act concerning the pay and allowances due to deceased soldiers, approved February 15, 1862, and to provide for the prompt settlement of claims for arrearages of pay, allowances, and bounty due to deceased officers and soldiers,
reported from the Senate with the following amendment, to wit: Strike out in the third section the words "the same as the head of the Quartermaster's Division in said office" and insert in lieu thereof the words "fifteen hundred dollars."
The bill was taken up, and the question being on concurring in the amendment of the Senate,
The same was agreed to.
Mr. Miles, by consent, introduced
A bill to amend an act for the organization of the staff departments of the Army of the Confederate States of America, approved March 14, 1861; which was read the first and second times and referred to the Committee on Military Affairs.
On motion,
The House adjourned until 11 o'clock to-morrow.
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SECRET SESSION
The House being in secret session,
Mr. Smith of Alabama submitted the views of the minority of the Committee on Foreign Affairs on a resolution of the House relative to recall of commissioners abroad, etc.; which is as follows, to wit:
Minority report of the Committee on Foreign Affairs, presented by Mr. Smith of Alabama.
The undersigned members of the Committee of Foreign Affairs, to which was referred certain resolutions introduced into the House, touching the propriety of "recalling our commissioners to foreign powers, and of expelling those persons acting within the limits of the Confederate States as foreign consuls," not being able to agree with the majority of the said committee, and being unwilling to indorse their report, beg leave to present this minority report.
As it seems to us that the report of the majority reflects by implication upon the President of the Confederate States, and upon the Secretary of State, the undersigned deem it due to themselves and to the House to refer to such portions of the documents laid before the committee as will serve to place the subject in its proper light before the House.
In order that the committee might be enabled to act most advisedly on the subject, the House at the committee's request, adopted the following resolutions:
"Resolved, That the President be respectfully requested, if not incompatible with the public interest, to communicate to this House the number and names of all persons engaged in the service of the Confederate States in foreign countries, either as diplomatic, consular, or commercial agents, or in any other capacity, stating the places to which they have been sent, the date of their appointment, the salaries they receive, the duties they are expected to discharge, and how far they have been officially or otherwise recognized by any foreign government. Also the number and character of foreign agents, whether consular, commercial, or other, known to our Government, representing in any capacity foreign governments, within the limits of the Confederate States, and whether in communicating with this Government, they do so under an exequatur from our own Government or that of the United States, and whether they are subordinate or subject to the control and direction in any way, and to what degree, of the ministers of their respective countries accredited to and residing in the United States.
"The President is further respectfully requested to communicate such instructions as may have been given our foreign agents and such correspondence as may have been had with other governments, either through the Secretary of State or our commissioners abroad, as will aid Congress in its legislation regarding foreign nations and their citizens residing in our midst."
In response to these resolutions, the President submitted to the House an answer, consisting of a vast amount of information, which was referred to the committee, and by them examined. This answer was deemed unsatisfactory by the majority of the committee, as shown by their report. The complaint of the majority seems to be based upon the idea that the answers to the resolutions are not sufficiently full and explicit. Let us examine this objection.
The House resolutions called only for such information as could be communicated not incompatible with the public interest.
Who is to be the judge--who is to decide what statements should be made public? Certainly not the House nor the committee, but the President and his adviser, the Secretary of State. According to the theory upon which our Government is based, the Secretary of State stands at the head of the Cabinet. He is the President's chief adviser. He is the keeper of the secrets of the State, and to his enlightened judgment is committed the important discretion of publication.
The President was advised by the terms of the resolutions not to communicate anything, the publication of which would, in his opinion, be incompatible with the public interest. And thus, by the legitimate interpretation of the resolutions themselves, he was bound to conclude that whatever he did communicate might be made public at the discretion of the House.
We admit and claim that the Committee on Foreign Affairs is entitled to the confidence of the President, but not to an unlimited extent; and we do not believe that any committee of this House has a right to demand from him the possession of State secrets, when, in his opinion, these secrets ought not to be made public.
The committee did not request the information as a committee. The inquiry was preferred by the House; and, whatever information the answer might have disclosed, must, under the resolutions, be given to the House; and the House could publish or not, as a majority might determine. And it must not be forgotten that the inquiry
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itself was upon a subject which, from its very nature, belongs less to the House than to the President and the Senate. Diplomacy is a peculiar science; its very life is secrecy. It should always be crowned with the Helmet of Pluto, "which maketh the politic man go invisible."
The report of the majority, though guarded and courteous in its phraseology, is nevertheless a complaint that the President has not communicated all the facts requested. We come to this conclusion from the expressions of regret that it contains, and its attempted argument, that in making the inquiry, the House had not desired to trench upon the peculiar province of the Senate, nor had transcended its own powers.
Here is the argument of the majority: "This House in no way transcends its powers when it seeks of the Executive. through the proper channel, a knowledge not only of the number and names of our diplomatic agents, but also a statement of the fact whether consular or commercial agents have been sent abroad, and if so, to what countries; and whether they have been permitted by the governments to which they have been sent to exercise the customary powers of such agents, or have been forced to forego entirely the discharge of the very important duties pertaining to such appointments, and made to occupy the character of extraordinary or special or secret agents."
If, by the use of the word "powers" in the foregoing extract, we are to understand that it occupies the place of a synonym to the word "right," we do not admit the proposition; the very contrary is true. In this connection it must not be forgotten that the resolution of inquiry requested the President to communicate the "number and names of all persons engaged in the service of the Confederate States in foreign countries, either as diplomatic, consular, or commercial agents, or in any other capacity, stating the places to which they have been sent, the date of their appointment, the salaries they receive, the duties they are expected to discharge, and how far they have been officially or otherwise recognized by any foreign government."
This argument of the majority that the House has not transcended its power must be held to embrace the foregoing broad and sweeping interrogatory.
As a political proposition it is certainly true that every government has the undoubted right, especially in times of war, to have secret diplomatic, commercial, and consular agents. If the Government had this undoubted right it can not be deprived of it by any one of its coordinate branches. It is impossible that the Government and one branch of the Congress should have the same "power," if the existence of the one is inconsistent with the existence of the other; and for a government to reveal the names, number, and functions of its secret agents is at once to destroy that power, for they would no longer be secret agents.
Many of the commercial, diplomatic, and other agents now abroad were appointed in the first year of the Government, under the strictest secrecy; and Congress has repeatedly recognized the power of the Government to have secret agents, and has indorsed their appointment by appropriating money for the payment of their salaries.
It will be seen by an examination of the communication that the Secretary has given the names and localities of our principal diplomatic agents, together with his instruction to them, but that he has not communicated all the names, localities, and functions of others than the diplomatic agents. And the Secretary says that "It would be impossible to communicate to the House, without great detriment to the public interest, the names and number of all persons engaged in the service of the Confederate States in foreign countries, either as diplomatic, commercial, or consular agents, or in any other capacity, stating the places to which they have been sent, the date of their appointment, the salaries they receive, the duties which they are expected to discharge."
On this subject the Secretary adds: "During the pendency of hostilities the very objects for which other than diplomatic agents have been sent abroad would be exposed to defeat by divulging the details called for in the resolutions; and these objects are of great national importance."
The undersigned recognize the force of these observations.
Can it be supposed that a Government whose pride it has been to develop its mightiest energies in the prosecution of this war of subjugation at home, could have failed to have established abroad a system of espionage with detectives to track our foreign agents and to thwart their enterprises? We may well suppose, on the contrary, that wherever a ship may be built or purchased, wherever a gun or a pound of powder may be obtained, there are the agents of the United States to be found. Experience has proven this, and wherever abroad Southern sympathy exists, there in particular this swarm of secret emissaries may be supposed to congregate. Would not a revelation of the number, names, and functions of our secret agents, under such circumstances, endanger the success of their respective missions?
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And shall the Secretary of State be expected to step aside from his high duty even to answer the most solemn inquiry of a Congressional committee? We think not.
Among the many subjects of interest which the communication of the Secretary of State discloses we quote passages from the letters of Commissioners Mason and Slidell, bearing especially upon the subject of the original resolutions. Upon the subject of recognition Mr. Mason says: "I am in full and frequent communication here with many able and influential members of the House of Commons, who confer with me in perfect frankness and candor, and who are prepared to move the question in the House whenever it may be found expedient, but in the attitude of parties here (meaning the ministerial and opposition), as the ministry will not move, it is not deemed prudent to enable it to make the question an issue with the opposition, and so motions that have been projected 'hang fire.'
"As far as the public is concerned, all agree that there has been a complete change in sentiment as the war goes on. Both my own intercourse--which is becoming large--and information derived from all quarters satisfy me that the educated and enlightened classes are in full sympathy with us, and are becoming impatient at the supineness of the Government."
Mr. Slidell says, speaking of his interview with--: "In reply to my suggestions that the war could only be brought to a close by the intervention of European powers, which should be preceded by our recognition and a renewed proffer of mediation, he said that 'France could not act without the cooperation of England,' but that within the last few days there seemed to be a change in the tone of the English cabinet; that if New Orleans had not fallen our recognition could not have been much longer delayed; but that even after that disaster, if we obtained decided successes in Virginia and Tennessee, or could hold the enemy at bay a month or two, the same result would follow."
Mr. Mason also refers to this opinion, that if New Orleans had not fallen our recognition would not have been much longer delayed.
Thus the undersigned show through this correspondence that the state of things now actually exist in this country which, in the opinion of our commissioners, would have probably secured our recognition in England and France, for we have not only kept the enemy at bay a month or two but have obtained decided successes in Virginia and Tennessee. If the fall of New Orleans prevented recognition, as we are bound to believe from the opinions of our commissioners, may we not now expect such a reaction in the minds of European powers as will produce the best feeling in our behalf? To-day while we are discussing the propriety of recalling our commissioners, it may he that the French and British cabinets, driven by our recent glorious victories, have already decreed our recognition.
What is the fall of New Orleans, disastrous as it was, when we have driven off a vast beleaguring army from the precincts of our capital and pursued the fugitives to their gates; when Washington and not Richmond is threatened; when a veteran army, crowned with twenty successive victories and led by generals whose fame is yet unsullied by a single defeat, triumphantly erect their standards in the valleys and on the bills of an amazed and discomfited enemy. If, after such developments as these, such demonstrations of an ability to maintain our own independence, the courts of Europe should still stubbornly refuse to proclaim our rights and to invite us to participate upon terms of perfect equality at their diplomatic boards, that policy which would be petulance in us now may well assume the majestic proportions of national indignation, and Christendom would then applaud a resolution on our part to scorn those nations which had too sullenly denied our association.
As to the merits of that part of the original resolution referring to our commissioners, the undersigned are of opinion that we have done, as a nation, precisely as we ought to have done. Guided by the custom of ages, we sent commissioners abroad to proclaim that we had dissolved the political bands that connected us with the United States, and that we claimed a place amongst the independent powers of the earth.
This we did with modesty and dignity. To send other commissioners would be unbecoming, and to recall those we have already sent would be an exhibition of impatience which the world would interpret as petulance.
In regard to persons claiming to act as consuls for foreign powers in the Confederacy, the Secretary of State submits the following remarks:
"The annexed list marked 'C' shows the names of the only agents of foreign governments known by the Department within the limits of the Confederate States. All of these agents, except one, had been recognized by the Government of the United States by exequaturs as the duly authorized agents of the foreign governments by which they were respectively appointed, at a period antecedent to that when the several Confederate States revoked the powers previously delegated to the United States,
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and under which the Government of the United States controlled the relations, whether diplomatic or commercial, which grew up between those States and foreign countries."
The Secretary adds:
"According to well-recognized principles, both of public and private law, the agents of foreign governments having been recognized as such by the agent of the several Confederate States prior to the revocation of the power delegated to that agent, remain so recognized after the revocation. It was and is undoubtedly within the power of this Government, as it is within that of all governments, to decline permitting the above-mentioned agents to remain within our limits, but for obvious reasons the exercise of such power has been deemed unwise and impolitic. It is known to the Department that the foreign consuls within the Confederacy communicate with their governments in Europe by sending dispatches to the care of the ministers of their respective governments residing in Washington; and this Department has thus been enabled on different occasions to cause correct information to reach foreign countries on matters which it was highly important to the public interest should be widely disseminated and properly understood."
The undersigned cordially indorse the wisdom of these suggestions and the propriety of the policy therein indicated. In the present irregular condition of our commercial affairs, arising from the blockade of our ports, these persons may well be permitted to remain at their posts without strict formality, doing no harm to us, and often affording channels of information and communication which we might not otherwise readily obtain. The few truths that have reached Europe of the eventful occurrences of the war, within our borders, have been communicated through these persons. They have promptly contradicted the exaggerated statements of our foes, and charity compels us to suppose that while some of them may be unfriendly to us, yet a vast majority of them are at least sufficiently friendly to make to their respective governments the most favorable and impartial reports of the actual condition of things within the Confederate States.
While we admit and complain that the powers of Europe have been slow to be convinced of our right to be received into the fraternity of nations, we can not deny that they advised us in the earliest days of our struggle that, while recognition was impossible then, still, as soon as we had demonstrated our ability to maintain the independence we had declared, we should be recognized. This was their ultimatum. They had a right to make it. They are the judges. We must bide our time. Every nation is the keeper of its own fortunes, the dictator of its own policy, and we have no right to thrust our quarrels upon it. It would be unbecoming in us to be importunate, especially when we can approach only the precincts of foreign courts, for importunity in claiming favors is the basest suppliancy.
The resolutions of the House further inquire how far the agents aforesaid have been officially or otherwise recognized by foreign governments. To this question the Secretary gives all the information contained in the diplomatic correspondence now in the Department.
For these and other reasons the undersigned are of opinion that the communication of the President in answer to the resolutions of the House contains information as full and explicit as the circumstances authorized.
We therefore recommend the adoption of the following resolution:
Resolved, That it is inexpedient, at this time, to take any legislative action on the resolutions originally introduced on the subject of recalling our Commissioners, and dismissing from the limits of the Confederacy such persons as are supposed or known to act as consuls for foreign countries in the Confederate States.
All of which is respectfully submitted.
Mr. Wright of Texas moved that the majority and minority reports of the Committee on Foreign Affairs be printed for the use of the House; which motion prevailed.
On motion, Mr. Hartridge was granted leave to print, with majority and minority reports, resolution offered by himself as substitute for the same.
Mr. Foote, from the Committee on Foreign Affairs, to whom was referred
A resolution in relation to the amendment of the law concerning privateering,
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reported and recommended the passage of a bill entitled "An act to amend an act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes, and prize goods;" which was read first and second times.
Mr. Lyons moved to amend the bill by adding at the end thereof the following words, to wit:
But before the vessel to which the said letters are intended to apply shall go to sea, the owners thereof shall cause a full description of the said vessel, including her name and tonnage, to be made in writing before some commissioner or agent of the Confederate States, and attached to the said letters, a copy of which shall be retained by said commissioner or agent, and transmitted to the President of the Confederate States, as soon as practicable, all of which shall be expressed upon the face of the said letter.
Mr. Royston demanded the previous question; and the demand being sustained, the amendment of Mr. Lyons was agreed to.
On motion of Mr. Gray, the bill and amendment were recommitted to the Committee on Foreign Affairs.
Mr. Foote offered the following resolution; which was read and agreed to, to wit:
Resolved, That the President be requested to cause the Department of State to ask for and transmit to this House estimates of the expense incident to the sending diplomatic agents (supplied with such instructions as he shall deem most wise and proper) to the court of His Majesty the Emperor of Brazil, and such other of the South American States as he shall suppose to be judicious to open diplomatic relations with.
Mr. Kenner, from the Committee on Ways and Means, to whom was recommitted a Senate bill to increase the provisions for detecting counterfeit notes, reported that the committee had had the same under consideration, and recommend that it pass as originally reported and passed.
And the question being on the passage of the same, the bill was passed.
Mr. Kenner, from the same committee, to whom was referred a Senate bill to be entitled "An act to appropriate money for the purchase, arming, and equipping vessels abroad," reported the same back, with the recommendation that it pass.
The bill was taken up, read a third time, and passed.
Mr. Kenner, from the same committee, reported and recommended the passage of a bill making appropriation for the defense of western and southern rivers; which was read first and second times.
Mr. Jones moved to suspend the rule requiring the bill to be considered in Committee of the Whole.
The motion was agreed to.
Mr. E. M. Bruce moved to amend the bill by striking out therefrom the word "one" and inserting in lieu thereof the word "ten."
The amendment was agreed to.
Mr. Garnett called the previous question; which was sustained, and the question being on the passage of the bill,
On motion of Mr. Holt, the yeas and nays were recorded,
Yeas: Arrington, Ashe, Atkins, Baldwin, Barksdale, Batson, Bonham, Boteler, Boyce, Horatio W. Bruce, Eli M. Bruce, Chambers, Chilton, Clapp, Clark, Clopton, Collier, Conrad, Conrow, Currin, Curry; Dargan, Dawkins, De Jarnette, Dupré, Farrow, Foster, Freeman,
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Gardenhire, Garnett, Gartrell, Gentry, Goode, Graham, Gray, Hanly, Harris, Hartridge, Hilton, Holcombe, Kenner, Lyon, Lyons, Machen, Marshall, McDowell, McRae, McQueen, Menees, Miles, Moore, Perkins, Preston, Pugh, Ralls, Royston, Russell, Sexton, Smith of Alabama, Swan, Trippe, Welsh, Wilcox, Wright of Texas, Wright of Tennessee, and Mr. Speaker.
Nays: Heiskell, Holt, and Kenan of Georgia.
So the bill was passed.
Mr. Harris introduced
A bill to be entitled "An act to authorize Primus Emerson and Edward Haven, jr., to fit out a vessel to operate against the common enemy;"
which was read first and second times.
Mr. Chambers moved that the House resolve itself into open session.
Upon which motion Mr. Harris demanded the yeas and nays.
The demand was not sustained.
And the motion of Mr. Chambers prevailed.
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