PREVIOUS NEXT NEW SEARCH

A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journal of the Confederate Congress --THIRTY-EIGHTH DAY--WEDNESDAY, October 1, 1862.


Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5] PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 5]
THIRTY-EIGHTH DAY--WEDNESDAY, October 1, 1862.

OPEN SESSION.

The House met pursuant to adjournment.

Mr. Lyons, by consent, offered the following preamble and resolutions:

Whereas Abraham Lincoln, finding that the people of the Confederate States can not be conquered in honorable and civilized war, has, by a proclamation the most inhuman and atrocious that was ever issued by any man or power professing to be civilized, endeavored to incite servile insurrection among us with a view to subject to massacre not only our aged and infirm men, but our women and children, and has commanded the Army and Navy under his command to aid and abet him in his hellish work: Therefore,

On motion, the resolutions were referred to the Committee on Foreign Affairs.

Mr. Foote, by consent, introduced the memorial of General Henningsen in relation to river navigation; which was ordered to be printed and referred to the Committee on Naval Affairs, without being read.

Mr. Foote, by consent, also introduced joint resolutions recognizing the practical neutrality of the States of Oregon and California and the Territories of Washington and Nevada, suggesting the advantages which would result to the people thereof from an immediate assertion on their part of their independence of the United States and proposing


Page 470 | Page image

upon their so doing the formation of a league offensive and defensive between the said States and Territories and the Confederate States of America; which were read the first and second times, referred to the Committee on Foreign Affairs, and ordered to be printed.

Mr. Chilton, by consent, introduced joint resolutions in relation to retaliation; which were read the first and second times and referred to the Committee on Foreign Affairs.

Mr. Gartrell, by consent, presented a memorial in relation to postal affairs; which was referred to the Committee on Post-Offices and Post-Roads, without being read.

Mr. Chambliss, by consent, presented a design for a flag; which was referred to the Committee on Flag and Seal.

Mr. Boteler, by consent, presented the memorial of Dr. Robert Randolph in reference to interest-bearing Treasury notes; which was referred to the Committee on Ways and Means, without being read.

Mr. Perkins, by consent, introduced a bill to regulate the pay of officers of the Army on furlough; which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Perkins, by consent, introduced

A bill to provide for the regular return of pay rolls in the Army to the proper authorities of the Government;
which was read the first and second times and referred to the Committee on Military Affairs.

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.

On motion, the bill reported was taken up, read the first and second times, and referred to the Committee on the Judiciary.

Mr. Miles, from the Committee on Military Affairs, reported

A bill to authorize the establishment of camps of instruction, and the appointment of officers to command the same;
which was read the first and second times, and the rule requiring it to be postponed and placed upon the Calendar was suspended.

The hour having arrived for the consideration of the special order, Mr. Bonham moved a postponement of the same until the disposal of the bill under consideration; which was agreed to, and Mr. Miles called the question.

The question was ordered, and the bill was engrossed, read a third time, and passed.

Mr. Hartridge, by consent, introduced

A bill supplemental to an act to amend an act to provide further for the public defense, approved April 16, 1862; which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Hartridge, by consent, presented the memorial of sundry officers of the Confederate States Navy, praying for pay while imprisoned by the United States; which was referred to the Committee on Claims, without being read.

Mr. Barksdale, from the Committee on Printing, reported

A bill to amend an act in relation to the public printing, approved February 27, 1861;


Page 471 | Page image

which was read the first and second times, its further consideration postponed, and ordered to be printed.

The House then 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 twenty-first April, eighteen hundred and sixty-two."

Mr. Chilton moved a postponement of the same, and that the House take up

A bill to enable the President of the Confederate States to provide the means of military transportation by the construction of a railroad between Blue Mountain, Ala., and Rome, Ga.

The motion was lost.

Mr. Chilton then moved that the bill referred to be made the special order for the morning hour of to-morrow.

The motion was lost.

The House having recurred to the special order, and the question being on the amendment of Mr. Miles, as amended,

The same was lost.

Mr. Baldwin moved to amend by inserting the word "hatters" after the word "shoemakers."

The amendment was lost.

Mr. Curry moved to amend by striking out the words "harness makers and saddlers."

The amendment was agreed to.

Mr. Chambers moved to amend by inserting after the word "trade" the words "habitually engaged in working for the public, and;" which was agreed to.

Mr. Herbert moved to amend by inserting after the word "employed" the words "ferrymen on post routes and other principal routes now in existence."

Mr. Chambers moved to amend the amendment by adding thereto the words "not to exceed one at any locality."

The amendment to the amendment was agreed to, and the amendment as amended was lost.

Mr. Clark moved to amend by inserting after the word "employed" the words
Provided further, That any persons enrolled under the act of fifteenth of April, eighteen hundred and sixty-two, now in service or in camp, of the above trades, be also exempted on making oath that he is of one of said trades, and that he will employ himself in his trade.

The amendment was lost.

Mr. Smith of North Carolina moved to amend by inserting after the word "employed" the words
Provided further, That the exemptions herein granted to persons by reason of their peculiar mechanical or other occupation or employment not connected with the public service shall be subject to the condition that the products of the labor of such exempts, or of the companies and establishments with which they are connected, shall be sold and disposed of by the proprietors at prices not exceeding double the cost of production or within a maximum to be fixed by the Secretary of War under such regulations as he may prescribe.

Mr. Holt moved to amend the amendment by adding the words
And it is further provided, That if the proprietors of any such manufacturing establishment shall be shown upon evidence to be submitted to, and judged of, by the


Page 472 | Page image

Secretary of War to have violated or in any manner evaded the true intent and spirit of the foregoing provision, the exemption therein granted shall no longer be extended to them or their operatives in said establishments, but they and each and every one of them shall be forthwith enrolled under the provisions of this act and ordered into the Confederate Army, and shall in no manner be again exempted therefrom by reason of said manufacturing establishments or employment therein;
which was agreed to.

Mr. Barksdale moved further to amend the amendment by striking out therefrom the word "double" and inserting in lieu thereof the words "fifty per cent upon;"
which was agreed to, and the amendment as amended was agreed to.

Mr. E. M. Bruce moved a reconsideration of the vote by which the amendment of Mr. Curry was agreed to.

On motion of Mr. Royston, the motion was laid upon the table.

Mr. Perkins moved to amend by striking out the words "public hospitals."

The amendment was lost.

Mr. Baldwin moved to amend by inserting after the word "regular" the words "officers, physicians."

The amendment was lost.

Mr. Clapp moved to amend by striking out after the word "asylums" the words "and the regular nurses therein."

The amendment was lost.

Mr. Baldwin moved to insert after the Word "regular" the word "physicians;" which was agreed to.

Mr. Graham moved to amend by inserting between the words "factories" and "who" the words "and superintendents and managers of wool-carding machines;" which was agreed to.

Mr. Foster moved to strike out the words "who may be exempted by the Secretary of War."

The amendment was lost.

Mr. Miles moved to insert after the word "war" the words
Provided, The profits of such establishments shall not exceed fifty per cent upon the cost of production, subject to the same penalties for violation of the provisions herein contained as are hereinbefore provided in the case of other manufactories.

Mr. Menees moved to amend the amendment by striking out the word "fifty" and inserting in lieu thereof the words "twenty-five."

Mr. Gardenhire moved that the amendment and the amendment to the amendment be laid upon the table.

The motion was lost, and the amendment to the amendment was lost.

Mr. Harris moved to amend the amendment by inserting after the word "production" the words "to be determined upon oath of the parties;" which was agreed to, and the amendment as amended was agreed to.

Mr. Clark moved to amend by inserting after the word "factories" the words "and paper mills;" which was agreed to.

Mr. Baldwin moved to amend by inserting after the word "president" the word "officers;" before the word "academies" insert the words "and all teachers of," and insert after the word "schools" the words "other than trustees or board of visitors."

The amendment was lost.

Mr. Dupré moved to reconsider the vote rejecting the amendment.

The motion was lost.


Page 473 | Page image

Mr. Lyons moved to amend by inserting after the word "schools" the words "in which boys of not less than ten years of age are taught."

The amendment was lost.

Mr. Miles moved to insert after the word "seminaries" the words "and the students now therein."

The amendment was lost.

Mr. Heiskell moved to strike out the word "and" and insert after the word "schools" the words "and theological seminaries;" which was agreed to.

Mr. Foster moved to amend by striking out the words
all presidents and teachers of colleges, academies, and schools, who have been regularly engaged as such for two years previous to the passage of this act, and theological seminaries.

The amendment was lost.

Mr. Sexton moved to amend by inserting before the word "Government" the words "any State or with," and after the same word insert the words "or with any company, battalion, squadron, or regiment."

The amendment was lost.

Mr. Heiskell moved to insert after the word "furnishing" the word "iron."

The amendment was lost.

Mr. Sexton moved to amend by inserting after the words "ordnance stores" the words "saddles, harness;" which was agreed to.

Mr. Curry moved to insert after the word "salt" the words "or lime."

The amendment was lost.

Mr. Harris moved to amend by inserting after the word "miners" the word "necessarily."

The amendment was lost.

Mr. Clopton moved to strike out the words "to the extent of twenty bushels per day."

The amendment was lost.

Mr. Clark moved to amend by striking out the word "twenty" and inserting in lieu thereof the word "fifty."

The amendment was lost.

Mr. Heiskell moved to strike out the same word and insert in lieu thereof the word "ten."

The amendment was lost.

Mr. Collier moved to amend by inserting after the word "iron" the words "and coal," and to strike out the words "regular miners in coal mines."

The amendment was lost.

Mr. Harris moved to insert after the word "miners" the word "necessarily."

The amendment was lost.

Mr. Curry moved to insert before the word "regular" the words "superintendents and."

The motion was lost.

Mr. Wilcox moved to amend by inserting after the word "State" the words
one male citizen for every five hundred head of cattle, for every two hundred and fifty head of horses or mules, and one shepherd for every five hundred head of sheep, of such persons as are engaged exclusively in raising stock.


Page 474 | Page image

Mr. Dupré moved to amend the amendment by striking out the words "five hundred, two hundred and fifty, and five hundred," where occurring, and inserting in lieu the words "one thousand, five hundred, and one thousand;" which was agreed to.

Mr. Heiskell moved to amend the amendment by inserting after the word "State" the words "unless employed in the production of iron for the Confederate States;" which was agreed to, and the amendment as amended was agreed to.

Mr. Pugh moved to amend by striking out the words
and one person either as owner or overseer on each plantation on which one white person is required to be kept by the laws and ordinances of any State, and on which there is no white male adult not liable to do military service,
and inserting in lieu thereof the following:
one overseer on each plantation cultivated exclusively by negro labor and owned by any person in the civil or military service of the Confederate or State governments,or any minor, or widow, or person of unsound mind, or persons incapacitated by disease or age: Provided, That on plantations owned by the same persons and not five miles apart, only one overseer shall be thus exempted: And provided further, That the owner of any such plantation, his or her agent or representative, shall first pay into the treasury of the State in which said plantation may be located a sum equal to five dollars for each hand over sixteen and under forty-five years of age, and file therewith his affidavit that it is a true return of the hands between such ages employed on said plantation; and where the overseer on such plantation, being between the ages of eighteen and thirty-five years, has been enlisted or enrolled in the Army since the passage of the act further to provide for the public defense, approved April sixteenth, eighteen hundred and sixty-two, and said plantation is at the date of the affidavit without an overseer, the owner thereof, his or her agent or representative, may pay the said sum and file his affidavit, stating the truth of his said return, and also that his plantation was deprived of an overseer by enrollment or enlistment as aforesaid, thereupon the owner of any such plantation shall be entitled to the governor's certificate of the payment of said sum, and the filing of said affidavit, in which certificate shall be stated the name of the overseer sought to be exempted, and upon the production of said certificate to the enrolling officer, the overseer therein named shall be exempted from enrollment, or, if already enrolled or enlisted as aforesaid, shall, on the production of said certificate to the Secretary of War, or the commandant of the camp of instruction, or officer commanding the regiment to which said overseer may belong, be discharged therefrom by the Secretary of War, the commandant, or officer aforesaid, and the governor of each State is hereby authorized and requested to distribute the sum thus paid into the treasury for the benefit of the indigent families of soldiers from his State in the military service of the Confederate States, and also the indigent families of those who have died or been disabled in such service, making said distribution as equally as may be according to the number of such indigent families in his State.

Mr. Marshall moved to amend the amendment by striking out all of the same after the words "only one overseer shall be exempted."

Mr. E. M. Bruce moved to suspend the rules in order to introduce a resolution allowing debate.

The motion was lost.

The question being on agreeing to the amendment to the amendment,

Mr. Marshall demanded the yeas and nays;

Which were ordered,

Yeas: Bell, Chambliss, Clark, Conrad, Dupré, Farrow, Gardenhire, Gray, Hanly, Harris, Herbert, Johnston, Kenan of North Carolina, Marshall, Perkins, Preston, and Welsh.

Nays: Arrington, Ashe, Atkins, Ayer, Barksdale, Batson, Bonham, Boteler, Boyce, Eli M. Bruce, Chambers, Chilton, Clapp, Clopton, Collier, Currin, Curry, Dargan, Dawkins, De Jarnette, Elliott,


Page 475 | Page image

Foster, Freeman, Gartrell, Goode, Graham, Hartridge, Hilton, Holt, Kenan of Georgia, Kenner, Lyon, Machen, McDowell, McRae, McQueen, Miles, Pugh, Ralls, Royston, Russell, Sexton, Smith of North Carolina, Swan, Trippe, Wilcox, Wright of Texas, Wright of Tennessee, and Mr. Speaker.

So the amendment to the amendment was lost.

Mr. Chambliss moved to amend the amendment by striking out all of the same and inserting in lieu thereof the following:
and one person either as owner or overseer on each plantation on which there is no white male adult not liable to military service.

The amendment to the amendment was lost.

Mr. Dupré called the question; which was ordered, and was upon the amendment of Mr. Pugh.

The same was agreed to.

Mr. Perkins moved a reconsideration of the vote agreeing to the amendment.

Mr. Curry moved to lay the motion on the table;

Whereupon,

Mr. Clark demanded the yeas and nays;

Which were ordered,

Yeas: Arrington, Atkins, Ayer, Barksdale, Batson, Bonham, Boteler, Boyce, Eli M. Bruce, Chambers, Chilton, Clapp, Clopton, Collier, Curry, Dawkins, De Jarnette, Elliott, Foster, Goode, Graham, Hartridge, Hilton, Kenan of Georgia, Kenan of North Carolina, Kenner, Lyon, Machen, McDowell, McQueen, Miles, Pugh, Ralls, Royston, Russell, Swan, Trippe, Wilcox, Wright of Texas, Wright of Tennessee, and Mr. Speaker.

Nays: Ashe, Bell, Chambliss, Clark, Conrad, Conrow, Dargan, Dupré, Farrow, Freeman, Garland, Gartrell, Gray, Harris, Herbert, Holt, Marshall, McRae, Perkins, Smith of Alabama, Smith of North Carolina, and Welsh.

So the motion to lay on the table was agreed to.

A message was received from the President, by his Private Secretary, Mr. Harrison.

Mr. Barksdale moved to amend by striking out the words
and such other persons as the President shall be satisfied on account of justice, equity, or of necessity ought to be exempted are hereby exempted from military service in the armies of the Confederate States.

The amendment was lost.

Mr. Chambers moved to amend by striking out the words
Provided, That such numbers of the militia of any State as have been called out and mustered into the service of said State by the executive thereof, employed and necessary to repel any actual invasion of said State, shall also be exempted.

The amendment was lost.

Mr. Wright moved to insert after the word "State" the words
and the regiment raised under and by authority of the State of Texas for frontier defense, now in the service of said State;
which was agreed to.

Mr. Chambers moved to insert after the word "exemption;" which succeeds last amendment, the words "of militia;" which was agreed to.


Page 476 | Page image

Mr. Conrad moved to amend by striking out the words "Provided, That;" which was agreed to.

Mr. Trippe moved to amend by adding at the end of the first section the following, to wit:
Provided further, That no person except such officers of the State government as are herein exempted, such militia as above specified, and those herein exempted for bodily or mental incapacity, shall be entitled to the exemptions herein allowed or which may [be] allowed by the President until he shall have paid to such officers as the Secretary of War may appoint to receive the same, the sum of five dollars on every hundred dollars worth of real and personal property he may own or possess in his own right or in right of his wife, and the sum of five dollars on each hundred dollars of salary or fees or pay for personal services he may have received during the present year or which may be due him therefor, the value of which said property, salary, fees, and pay for personal services shall be ascertained by the oath of the parties claiming the exemption, and the certificate of the officer authorized to receive the same shall operate as a discharge of the person paying the same, and the money so received by said officers shall be by them paid into the treasury of the respective States under such regulations as may be prescribed by the Secretary of the Treasury; and the governor of each State is hereby authorized and requested to distribute said money in the same manner as he is authorized to do with the money raised from the owners of plantations in the cases of overseers, as hereinbefore provided.

Mr. Harris demanded the previous question; which was ordered.

And the question being on agreeing to the amendment of Mr. Trippe, Mr. Trippe demanded the yeas and nays;

Which were ordered,

Yeas: Atkins, Ayer, Barksdale, Bridgers, Eli M. Bruce, Chambers, Chilton, Clark, Clopton, Currin, Curry, Foster, Gartrell, Hilton, McQueen, Miles, Pugh, Ralls, Swan, Trippe, Welsh, and Wilcox.

Nays: Arrington, Ashe, Baldwin, Batson, Bonham, Boyce, Chambliss, Clapp, Collier, Conrad, Conrow, Dargan, Dawkins, Farrow, Freeman, Garland, Garnett, Goode, Graham, Gray, Harris, Hartridge, Heiskell, Herbert, Holcombe, Holt, Kenan of Georgia, Kenan of North Carolina, Kenner, Lyon, Machen, Marshall, McDowell, McRae, Perkins, Royston, Sexton, Smith of Alabama, Tibbs, Wright of Texas, Wright of Tennessee, and Mr. Speaker.

So the amendment was lost.

The question then being on the amendment of Mr. Miles,

Mr. Miles, by consent, withdrew the same.

The bill was then engrossed and read a third time, and the question being on the passage of the same,

Mr. Curry demanded the question; which was ordered.

Mr. Swan demanded the yeas and nays;

Which were ordered,

Yeas: Arrington, Ashe, Baldwin, Barksdale, Batson, Boyce, Eli M. Bruce, Chambers, Collier, Conrad, Curry, Dargan, Dawkins, De Jarnette, Farrow, Freeman, Garland, Garnett, Goode, Graham, Gray, Harris, Hartridge, Hilton, Holcombe, Holt, Lyon, Machen, McDowell, McRae, Miles, Preston, Pugh, Ralls, Royston, Russell, Smith of Alabama, Wilcox, Wright of Texas, Wright of Tennessee, and Mr. Speaker.

Nays: Atkins, Ayer, Bonham, Bridgers, Chambliss, Chilton, Clapp, Clark, Clopton, Conrow, Foster, Gartrell, Heiskell, Herbert, Kenan of Georgia, Kenan of North Carolina, Kenner, Marshall, McQueen,


Page 477 | Page image

Menees, Perkins, Sexton, Smith of North Carolina, Swan, Tibbs, Trippe, and Welsh.

So the bill was passed.

A message was received from the President, by his Private Secretary, Mr. Harrison.

Mr. Miles, by consent, from the Committee on Military Affairs, to whom was referred a bill of the Senate in relation to substitutes, reported the same back, asked to be discharged from its further consideration, and that it lie upon the table; which was agreed to.

Mr. Harris, by consent, introduced

A bill to authorize the construction and arming of certain vessels to operate against the enemy upon the waters of the Confederate States; which was read the first and second times and referred to the Committee on Naval Affairs.

Mr. Ralls, by consent, introduced

A bill relating to bounty of soldiers who entered the service for three years or the war;
which was read the first and second times and referred to the Committee on Military Affairs.

Mr. Smith of North Carolina, by consent, introduced

A bill to facilitate the payment of claims in certain cases;
which was read the first and second times and referred to the Committee on Claims.

The Chair presented the following communications from the President; which were read and, with accompanying documents, referred to the Committee on Ways and Means:

Richmond, Va., October 1, 1862.

To the Senate and House of Representatives:

I herewith transmit for your consideration a communication from the Secretary of War in reference to a loan by the Branch Bank of Tennessee to General Hindman.

I recommend an appropriation of the amount and for the purpose specified.

JEFFERSON DAVIS.

Richmond, Va., October 1, 1862.

To the Senate and House of Representatives:

I herewith transmit for your consideration several communications from the Secretary of War, submitting estimates for the month of January, 1863, in response to the resolution of the House of Representatives of the 22d ultimo.

I recommend appropriations of the sums for the purposes specified.

JEFFERSON DAVIS.

Richmond, Va., September 29, 1862.

To the House of Representatives:

I herewith transmit for your consideration a communication from the Secretary of State in response to your resolution of the 22d instant, submitting estimates for the necessary expenses of the Department of State for the month of January, 1863.

I recommend an appropriation of the amount for the purpose specified.

JEFFERSON DAVIS.

Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly engrossed and enrolled and ready for the signature of the Speaker

A joint resolution of thanks to Lieut. I. N. Brown and all under his command;

Also, a bill to repeal the law authorizing commutation for soldiers' clothing, and to require clothing to be furnished by the Secretary of War in kind;

Also, a bill supplementary to an act concerning the pay and allowances


Page 478 | Page image

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; and

Also, an act supplemental to an act authorizing the Secretary of War to grant transfers, approved September 23, 1861.

The Speaker signed the same.

Mr. Conrad, from the Committee on Naval Affairs, to whom was referred a bill of the Senate (80) to be entitled "An act to permit persons subject to enrollment to enlist in the Marine Corps," reported the same back, with the recommendation that the same pass with sundry amendments.

And the question being upon agreeing to the first amendment; which was to add as section 2 to the bill the following, to wit:

The same was agreed to.

Mr. Foote called the question; which was ordered, and which was on agreeing to the second amendment offered by Mr. Conrad, and which was to add as section 3 to the original bill the following, to wit:

And the same was agreed to, and the bill as amended was read a third time and passed.

And the tithe to the same, on motion of Mr. Conrad, was amended by striking out the whole of the same and inserting in lieu thereof the following, to wit: "A bill to be entitled 'An act to promote enlistments in the Navy and Marine Corps.'"

A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, to wit:

Mr. Speaker: The President of the Confederate States did, on the 27th instant, approve and sign

On motion of Mr. Foote, the House resolved itself into secret session; and having spent some time therein, again resolved itself into open session;

When, on motion,

The House adjourned until 11 o'clock to-morrow.

SECRET SESSION.

The House being in secret session, the Chair laid before the House a communication from the President; which is as follows, to wit:

To the House of Representatives of the Confederate States:

The resolution passed by the House in secret session on the 30th of last month has been communicated to me by the Clerk of the House, and it is in the following words:

"Resolved, That the President be requested to cause the Department of State to ask for and transmit to this House estimates of the expenses incident to the sending of a diplomatic agent (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 South American States as he shall suppose to be judicious to open diplomatic intercourse with."


Page 479 | Page image

I deeply regret that, according to my view of constitutional duty, it is not in my power to comply with this request of the House. The Constitution expressly vests in the Executive Department the discretion of asking for such supplies as are deemed necessary to carry on the Government, and this discretion can not, with a due regard to the provisions of that instrument, be controlled by the request of the Congress, still less by that of one branch of the legislative department. The ninth paragraph of section 9, Article I, of the Constitution, declares that "Congress shall appropriate no money from the Treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of Departments and submitted to Congress by the President." It seems too clear for argument that this clause of the Constitution would be completely without effect in the Executive should yield to the request of either House or of both Houses combined "to cause a Department to ask for and transmit" an estimate for any purpose whatever. The design of the framers of the Constitution in inserting this new clause (not to be found in the Constitution under which the Confederate States were formerly united) is well known. It was determined that on the Executive Department of the Government should rest the responsibility of unwise and extravagant expenditures; while the legislative department not only retained the control over the grant of the appropriations, but was vested with power to compel the expenditure of money for purposes not recommended by the Executive, provided a vote of the two Houses equal to that which is necessary for overruling an Executive veto could be obtained. If I should yield my consent to the request of the House now under consideration, the plain effect would be to concur in the establishment of a precedent by which the House and [sic] require the expenditure of a sum not asked for by the head of a Department, nor submitted by the President, by a vote of a bare majority, instead of the vote of two-thirds, by yeas and nays.

While thus unable to comply with the request of the House so far as to cause the Department of State to ask for and transmit the estimate desired, a statement is submitted herewith for your information of the annual cost of each diplomatic mission sent abroad. It is also proper to add that the number of commissioners already authorized by law, and the amount of appropriations asked for by the Department of State, are sufficient for all the purposes suggested in the resolution without any further legislation on the subject.

JEFFERSON DAVIS.

Richmond, Va., October 1, 1862.

On motion of Mr. Perkins, the message and accompanying documents were referred to the Committee on Foreign Affairs.

And on motion of Mr. Holt,

The House resolved itself into open session.

PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR


PREVIOUS NEXT NEW SEARCH