TUESDAY, February 5, 1861. Link to Annals.

OPEN SESSION.

The Congress met pursuant to adjournment.

Prayer was offered by Rev. Mr. Mitchell.

On the motion of Mr. Withers, the President appointed Robert Wynn as Doorkeeper and John Wadsworth as Messenger.

Mr. Shorter moved that the Secretary be authorized to appoint an assistant secretary and a journal clerk.

The motion prevailed, and the Secretary appointed Robert E. Dixon Assistant Secretary, and Wiley N. Hutchins Journal Clerk.

Mr. Stephens, from the Committee on Rules, made the following report, to wit:

First. The vote upon all questions in this Congress, except as hereafter otherwise provided, shall be taken by States; each State shall be entitled to one vote. A majority of all the States represented shall be necessary to carry any question. The delegates of each State may designate the member to cast the vote of their State, and upon the motion of any member, seconded by one-fifth of the members present, or at the instance of any one State, the yeas and nays of the entire body shall be spread upon the Journals upon any question.

Second. Any number of members from a majority of the States now represented, or hereafter to be represented by duly accredited delegates from States seceding from the late United States of America shall constitute a quorum to transact business.

Third. The President having taken the chair, and a quorum being present, the Journal of the preceding day shall be read, and any mistakes in the entries shall upon motion then be corrected.

Fourth. No member shall speak to another, or otherwise interrupt the business of the Congress, while the Journals or public papers are being read or when any member is speaking in debate.

Fifth. Every member when he speaks shall address the Chair, standing in his place, and when he has finished shall sit down.

Sixth. No member shall speak more than twice in any one debate on the same question and on the same day without leave of a majority of the members present.

Seventh. When two or more members rise at the same time the President shall name the person to speak, but in all cases the member who shall rise first and address the Chair shall speak first.

Eighth. The President shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order subject to an appeal by any one State; and may call any member to the chair to preside temporarily, not to extend beyond that day's session. He may participate in the debates.

Ninth. When any member is called to order by the President or any member, he shall sit down, and every question of order shall be decided by the President without debate, subject to an appeal to the body.

Tenth. If any member be called to order by another member for words spoken, the exceptionable words spoken shall immediately be taken down in writing, that the President may be better able to judge the matter.

Eleventh. No member shall in debate use any language reflecting injuriously upon the character, motives, honor, or integrity of any other member.

Twelfth. No motion shall be debated until the same shall receive a second; and when a motion shall be made and seconded it shall be reduced to writing, if desired by the President or any member, delivered in at the table and read before the same shall be debated.

Thirteenth. Any motion or proposition may be withdrawn by the mover at any time before a decision, amendment, or other action of the body upon it, except a motion to reconsider, which shall not be withdrawn without leave of the body.

Fourteenth. When a question has been once made and carried in the affirmative or negative a motion to reconsider shall be entertained at the instance of any State, if made on the same day on which the vote was taken, or within the two next days of actual session. When a motion to reconsider shall be made its consideration shall take precedence of the regular order of business, unless a majority of the members present shall fix some other time.

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Fifteenth. When a question is under debate no motion (except one to reconsider some other question passed upon) shall be received but to adjourn, to lie on the table, to postpone indefinitely, to postpone to a day certain, to commit or amend; which several motions shall have precedence in the order they stand arranged, and the motion to adjourn shall always be in order and decided without debate.

Sixteenth. If the question for decision contain several parts any member may have the same divided, but on a motion to strike out and insert it shall not be in order to move for a division of the question; but the rejection of a motion to strike [out] and insert one proposition shall not prevent a motion to strike out and insert a different preposition, nor prevent a subsequent proposition simply to strike out, nor shall the rejection of a motion simply to strike out prevent a subsequent motion to strike out and insert.

Seventeenth. In filling up blanks the largest sum and longest time shall be first put.

Eighteenth. The unfinished business in which the Congress may be engaged on adjournment shall be the first business in order on the next day sitting.

Nineteenth. After the Journal is read and the unfinished business, if any, of the previous day's sitting is disposed of, the regular order of business shall be as follows:

First. The call of the States alphabetically, for memorials or any matter, measure, resolution, or proposition which any member may desire to bring before Congress.

Second. The call of committees for reports—the call of the committees to be made in the order of their appointment. Such reports of committees as may not be otherwise disposed of when made shall be numbered in the order in which they are presented and be placed in that order on the Calendar of the regular orders of the day.

Third. The Calendar, or the regular orders of the day, shall then be taken up and every resolution, proposition, or measure shall be disposed of in the order in which it there stands. No special order shall be made against this rule, except by a vote of a majority of the States, and such majority may, at any time, change the order of business.

Twentieth. Every resolution or measure submitted for the action of Congress shall receive three regular readings previous to its being passed. The President shall give notice at each reading whether it be the first, second, or third reading. No resolution or measure shall be committed or amended until it shall have been twice read, after which it may be subject to motion to amend or to refer to a committee. And all such matters on second reading shall first be considered by the Congress in the same manner as if Congress were in Committee of the Whole. The final question on the second reading of any matter not referred to a committee shall be, “whether it shall be engrossed and read a third time,” and no amendment shall be received after the engrossment for a third reading has been ordered. But it shall at all times be in order, before the final passage or action on any matter, to move its commitment, and should such commitment take place, and any amendment be reported by the committee, the whole shall be again read a second time and considered as in Committee of the Whole, and then the aforesaid question shall be again put.

Twenty-first. After any matter is ordered to be engrossed and it has been read a third time, the question shall be, Shall the resolution (or the matter, whatever it may be) now pass?

Twenty-second. All resolutions or other matter on the second and third reading may be read by the title, unless the reading of the whole shall be desired by a majority of those present.

Twenty-third. The titles of resolutions and other matters submitted, and such parts thereof only as shall be affected by proposed amendments, shall be inserted on the Journals.

Twenty-fourth. No motion for the previous question shall be entertained, but upon the call of any member for the question, if seconded by a majority of the members present, the vote shall be immediately taken on the pending question, whatever it may be, without further debate.

Twenty-fifth. A motion to lay any amendment on the table prevailing, shall carry with it only the amendment, and not the original proposition or matter

Twenty-sixth. Stenographers and reporters for the press wishing to take down the proceedings of Congress may be admitted, by the President, who shall assign such places to them on the floor to effect their object as shall not interfere with the convenience, of members in open session.

Twenty-seventh. On motion made and seconded by another member to close the doors on the discussion of any business which may, in the opinion of a member, require secrecy the President shall direct the doors to be closed and the gallery to be cleared, and during the discussion of such question no one shall be permitted to remain upon the floor but the members of the body and its officers.

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Twenty-eighth. Any officer or member of the Congress convicted of disclosing any matter directed by the body to be held in confidence, shall be liable, if an officer, to be dismissed from service; and in case of a member, to suffer expulsion from the body.

Twenty-ninth. All cases that may arise in the proceedings of this Congress not provided for in the foregoing rules shall be governed by the general principles of parliamentary law as laid down in Jefferson's Manual.

On motion of Mr. Kenner, the twenty-fourth rule was amended by striking out the word “members” and inserting in lieu thereof the word “States.”

On motion of Mr. Memminger, the report of the committee as amended was adopted and ordered to be printed in pamphlet form for the use of the Congress.

Mr. Curry offered the following resolution, to wit:

Resolved, That Messrs. Shorter and Reid be appointed printers to this Congress while it holds its sessions in Montgomery, and that [all] the work to be done shall, in style and quality, equal that done for the State of Alabama, and shall be paid for at the same proportionate rates of compensation; which was taken up, read three times, and adopted.

Mr. Nisbet offered the following resolution; which was taken up, read three times, and adopted, to wit:

Resolved, That the reverend clergy of this city be, and they are hereby, invited to open the sessions of the Congress with prayer; and that a committee of three, selected from the Alabama delegation, be appointed by the Chair to extend to them this invitation, and to arrange with them for the performance of the service.

The committee appointed by the President are Messrs. Chilton, Hale, and Curry.

On motion of Mr. Stephens, the Congress agreed that the hour for meeting each day shall be 12 o'clock until otherwise ordered.

On motion of Mr. Chesnut, the States were called in alphabetical order for the purpose of the presentation of resolutions; when Mr. Memminger of South Carolina offered the following resolutions, to wit:

Resolved, That this convention deems it expedient forthwith to form a Confederacy of the States which have seceded from the Federal Union, and that a committee be appointed to report a plan of a provisional government for the same upon the basis of the Constitution of the United States.

Second. That the committee consist of thirteen members, to be appointed as follows, namely: The chairman by the convention and two members to be nominated by the delegation from each State.

Third. That all propositions in relation to the provisional government be referred to this committee.

The same having been read twice, on motion of Mr. Stephens was amended by striking out in the first and second resolutions the word “convention” and substituting in lieu thereof the word “Congress.”

Mr. Bartow moved to amend by striking out the original resolutions and inserting in lieu thereof the following, to wit:

Whereas the States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana have dissevered the political ties which bound them to the compact of Union known as the United States of America; and through duly authorized delegates are now assembled in a Congress of sovereign States to provide for their common defense, to promote their general welfare, and to establish an enduring government, by which their rights, domestic tranquillity, and social institutions may be forever maintained, looking to the concurrence of such of their late confederates as may unite with them for these great objects; and

Whereas this Congress is empowered to establish a provisional government until a permanent constitution and government can be constructed;

Resolved, That a committee to consist of two delegates to be selected by each State 0020 20 be appointed, to report as soon as possible a form and plan for a provisional government to be adopted by this Congress.

Mr. Barry moved to amend the amendment offered by Mr. Bartow;

When,

On motion of Mr. Perkins, the Congress went into secret session; and after spending some time therein, adjourned until 12 o'clock to-morrow.

SECRET SESSION.

The Congress having gone into secret session,

Mr. Withers moved that the Journal of yesterday be corrected by striking out the prefix “honorable” wherever it occurs in connection with the name of any member of the Congress; and the same was unanimously agreed to.

The question pending being on Mr. Barry's amendment to Mr. Bartow's amendment to Mr. Memminger's resolutions,

Mr. T. R. R. Cobb offered an amendment to Mr. Bartow's amendment; which was read by unanimous consent, viz:

And be it further resolved, That the committee thus appointed be instructed in framing the provisional government to provide—

First. For a single executive head, with the powers of the President of the United States.

Second. For a vice-president.

Third. For the continuance of this Congress as the legislative branch of this provisional government, so long as may be necessary, not exceeding twelve months.

Mr. Kenner offered the following resolution; which was also read by unanimous consent, viz:

Resolved, That it be the sense of this Congress that the legislation necessary to a full and complete putting in action and carrying on the provisional government contemplated by the various State conventions sending delegates to this Congress belongs to and forms a part of the duties incumbent upon the members of this Congress.

The Chair announced the question to be on Mr. Cobb's amendment to Mr. Bartow's amendment to the resolutions offered by Mr. Memminger.

Mr. Boyce offered the following resolutions by way of substitute for the resolutions of Mr. Memminger; which were by unanimous consent read for information, viz:

Resolved, First. That the Constitution of the United States be adopted as the basis of the provisional government, with as few alterations an possible.

Second. That a president and vice-president be immediately elected.

Third. That a senate and house of representatives be immediately appointed by this body to execute the provisional government.

Mr. Hale offered a resolution as follows:

Resolved, That the Congress proceed as early an possible to organize a provisional government by the appointment of a president and vice-president, and organize the executive, department of the government; and that this body exercise all necessary legislative power until such time as the regular legislative department of the government can be organized on the principles of the late United States; which was by unanimous consent read for information.

Mr. Memminger moved to amend the amendment of Mr. Cobb by striking out the third proposition thereof, said proposition being in the words following:

For the continuance of this Congress as the legislative branch of this provisional government, so long as may be necessary, not exceeding twelve months; which motion was entertained by unanimous consent.

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Mr. Memminger moved to lay on the table all the amendments to his resolutions; and the vote having been taken, there were yeas 3, nays 3; so the motion was lost, the States voting as follows:

Yea: Florida, Mississippi, and South Carolina.

Nay: Alabama, Georgia, and Louisiana.

The question recurred on Mr. Memminger's motion to amend the amendment of Mr. Cobb by striking out the third proposition thereof; and the vote having been taken thereon, stood yeas 4, nays 2, the States voting as follows:

Yea: Alabama, Florida, Mississippi, and South Carolina.

Nay: Georgia and Louisiana.

So the amendment was adopted and the third proposition of Mr. Cobb's amendment was stricken out.

The question was now on Mr. Walker's amendment to Mr. Cobb's amendment; which motion was entertained by unanimous consent, and is in the words following: until a provisional congress, consisting of a senate and house of representatives, elected in the manner prescribed by the Constitution of the United States, shall be assembled and organized in pursuance of such provisions for that purpose as shall be made by this Congress, which provisions shall be reported by the committee as part of the plan for a provisional government.

And the amendment was lost—Yeas 2, nays 4, the States voting as follows:

Yea: Alabama and South Carolina.

Nay: Florida, Georgia, Louisiana, and Mississippi.

Mr. Cobb then withdrew his amendment.

Mr. Barry withdrew his amendment.

The question recurred on the amendment of Mr. Bartow, and the same was lost—Yeas 2, nays 4, the States voting as follows, to wit:

Yea: Georgia and Louisiana.

Nay: Alabama, Florida, Mississippi, and South Carolina.

The question was now on the resolutions of Mr. Memminger; and the same having received three several readings, were adopted—Yeas 5, nay 1, the States voting as follows:

Yea: Alabama, Florida, Louisiana, Mississippi, and South Carolina.

Nay: Georgia.

Mr. Barry offered the following resolutions; which were referred to the committee raised under Mr. Memminger's resolutions:

(1) Resolved, That this convention will proceed to the establishment of a provisional government.

(2) Resolved, That for such provisional government the Constitution of the United States of America shall be adopted, with those alterations of form and detail which may be necessary to adapt it to the necessities of our situation.

(3) Resolved, That for such provisional government a president and vice-president shall be elected by this convention to hold their offices under such appointment until an election shall be made by the States of the Confederacy, to be formed on the call of this convention, and until their successors are inaugurated.

(4) Resolved, That in said constitution, or by ordinance to be adopted by this body, the calling of a convention to revise and remodel said constitution shall be provided for; the time of its assemblage to be fixed with reference to such condition of public affairs as shall be favorable to a tranquil consideration of the subject, and to allowing ample time for the final action of those States which have not united with the seceding States, and which have or may contemplate such course.

(5) Resolved, That on the adoption of such constitution temporarily, this convention will recommend the States here represented to send Senators and Representatives to the Congress provided for in such constitution as speedily as possible to be appointed by said States in any manner they may adopt, and until the meeting of the Congress this convention will take such legislative action as the public safety may require.

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(6) Resolved, That such provisional government under the said constitution shall continue the government of the Confederacy formed under it until it is altered, amended, or superseded by the convention provided for in the fourth resolution, or other legitimate, popular action.

By unanimous consent, the resolutions of Mr. Memminger were so modified as to raise a committee of twelve instead of thirteen, each State appointing two members, and the selection of a chairman was in the same manner devolved on the committee.

Mr. Chilton offered the following resolutions:

(1) Resolved, That two stenographers be appointed by the President of this Congress to take down its proceedings and debates, and who, upon taking an oath not to disclose any matter directed by the body to be held in confidence, shall be admitted to such seats on the floor as the President may assign them, as well during the secret as the open sessions of this body.

(2) Resolved, That the printers who have been elected to this body, upon taking the oath prescribed in the first resolution for stenographers, be allowed to remain in the body during its secret sessions;

which, after having been read twice, were ordered, on motion of Mr. Stephens, to be placed on the Calendar.

Mr. Stephens offered the following resolution:

Resolved, That the Secretary keep two Journals of this body, one for the proceedings in open session and one for proceedings within closed doors. The Journal of the proceedings in open session only shall be read in public on the meeting of the daily sessions.

And the same, having received three several readings, was adopted.

On suggestion of the President, the several States appointed, under Mr. Memminger's resolutions, members of the committee of twelve, as follows:

From the State of Alabama—Mr. Walker and Mr. Smith.

From Florida—Mr. Anderson and Mr. Owens.

From Georgia—Mr. Stephens and Mr. Nisbet.

From Louisiana—Mr. Perkins and Mr. Kenner.

From Mississippi—Mr. Barry and Mr. Harris.

From South Carolina—Mr. Memminger and Mr. Barnwell.

On motion of Mr. Withers,

The Congress adjourned until 12 o'clock to-morrow.

WEDNESDAY, February 6, 1861. Link to Annals.

OPEN SESSION.

The Congress met pursuant to adjournment.

Prayer was offered by Rev. Mr. Tichenor.

Mr. Jackson Morton appeared as a Delegate from the State of Florida presented his credentials; which are as follows:

In the name and by the authority of the State of Florida.

To all to whom these presents may come, greeting:

Whereas Jackson Morton hath been appointed by the governor and approved by the convention of said State, by virtue of an ordinance of said convention, to be a delegate to represent the State of Florid in a convention of States composed of such slaveholding States as have now, or shall have before the final adjournment of said convention, dissolved their connection with the late Federal Union:

Now, therefore, the said Jackson Morton is hereby duly commissioned to be such delegate according to the ordinance aforesaid, to represent this State in the convention of slaveholding States (as have now, or shall have before the final adjournment of said convention, dissolved their connection with the late Federal Union), to be 0023 23 holden at Montgomery, in the State of Alabama, on the 13th day of February next, or at such other time and place as may be agreed upon by the delegates appointed for the purpose of forming a provisional government for a southern confederacy, to continue until superseded by the organization of a permanent government; and after said provisional government shall have been organized said delegates shall proceed to form a permanent government for said confederacy.

In testimony whereof the governor of said State has signed this commission and caused to be affixed the great seal of the State at Tallahassee, this 21st day of January, A. D. 1861.

[SEAL.] (Signed) M. S. PERRY, Governor of Florida.

By the governor.

Attest:

F. L. Villepigue.

Mr. Morton then signed the roll.

Mr. Toombs presented to the President a communication in writing from the commissioners from the State of North Carolina to the Congress; which was reported, and is as follows:

Montgomery, Ala., February 6, 1861.

To the Hon. Howell Cobb, President of the Southern Congress:

The undersigned have the honor to submit to the consideration of the Southern Congress the accompanying resolutions adopted by the general assembly of the State of North Carolina on the 29th ultimo.

We are, with high consideration, your obedient servants,

D. L. SWAIN,

M. W. RANSOM,

JOHN L. BRIDGERS.

The following were then reported to the Congress as the resolutions accompanying the foregoing communication:

(1) Resolved, That for the purpose of effecting an honorable and amicable adjustment of all the difficulties that distract the country, upon the basis of the Crittenden resolutions, as modified by the legislature of Virginia, and for the purpose of consulting for our common peace, honor, and safety—the Hons. Thomas Ruffin of Alamance, D. M. Barringer, David S. Reid, John M. Morehead, and George Davis be, and they are hereby, appointed commissioners to represent North Carolina in the proposed consultation to be held at Washington City on the 4th February, 1861; and

Whereas the State of North Carolina has been invited by the State of Alabama to meet at the city of Montgomery on the 4th February, 1861, for the purpose of forming a provisional as well as permanent government; and

Whereas North Carolina as apart of the Federal Union has no right to send delegates for such a purpose: Therefore,

(2) Be it resolved, That for the purpose of effecting an honorable and amicable adjustment of all the difficulties that distract the country upon the basis of the Crittenden resolutions, as modified by the legislature of Virginia, and for the purpose of consulting for our common peace, honor, and safety, the Hons. David L. Swain, M. W. Ransom, and John L. Bridgers are appointed commissioners to visit Montgomery, Ala., for the purpose above indicated.

(3) Resolved further, That his excellency, the governor, be requested immediately to inform the commissioners of their appointment, and upon the refusal of any one of them to serve, report the same immediately to the general assembly.

Indorsed, read three times, and ratified in general assembly this 29th day of January, A. D. 1861.

(Signed) WM. T. DORTCH, Speaker House of Commons.

HENRY T. CLARK, Speaker of Senate.

State of North Carolina, Office of Secretary of State.

I, Rufus H. Page, secretary of state, in and for the State of North Carolina, do hereby certify that the foregoing is a true copy of the original on file in this office.

Given under my hand this 31st day of January, 1861.

RUFUS H. PAGE, Secretary of State.

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On motion of Mr. Toombs, a committee of three was appointed to invite the commissioners from the State of North Carolina to seats on the floor when the Congress is in open session.

The committee appointed by the President are Messrs. Toombs, Walker, and Barry.

On motion of Mr. Keitt, the President is authorized to appoint an engrossing clerk when necessary.

Leave was granted, on motion of Mr. Memminger, for the committee appointed to frame a provisional government to retire and consult during the session of the Congress.

On motion of Mr. Toombs,

The Congress adjourned until 11 o'clock to-morrow morning.

THURSDAY, February 7, 1861. Link to Annals.

OPEN SESSION.

The Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Mr. Petrie.

The Journal of yesterday's session was read and approved.

Mr. Withers moved that the Congress take a recess until 12 o'clock this day, in order to allow the Committee of Twelve Mr. Memminger, chairman, time to perfect their report; which motion was agreed to.

The hour of 12 having arrived, the Congress reassembled,

When the President announced to Congress that he had received a communication, inclosing an act of the legislature of Alabama, from a committee of said legislature; which communication and act are as follows, to wit:

House of Representatives, Montgomery, February 6, 1861.

Sir: The undersigned have been appointed a committee on the part of the house of representatives to communicate to the Congress of seceding States now in session, the inclosed copy of an act of the general assembly of this State, approved by the governor placing at the disposal of Congress, or of the provisional government, of seceding States when formed, the sum of $500,000.

We have also been directed by an order of the house to make known the fact that the privilege of seats within the bar of the house has been tendered to the members of Congress.

Asking the favor of you to communicate these proceedings of the general assembly to the body over which you preside,

We remain, with great respect, your obedient servants,

SAML. F. RICE,

F. S. LYON,

DAVID HUBBARD.

Hon. Howell Cobb, President of Congress.

Section 1. Be it enacted by the senate and house of representatives in general assembly convened, That sum of $500,000 be, and the same is hereby, appropriated and placed at the disposal of the Southern Congress, now in session, or of the provisional government of the Confederacy of seceding States, which the said Congress may establish, by way of a loan to said provisional government or Confederacy, and that the governor be, and is hereby, empowered and required to pay out the said stun of $500,000, in such amounts, and at such times as the said Congress or provisional government may direct taking duly accredited receipts for the amounts so paid out: Provided, That it shall be left to the discretion of the governor to pay the said amounts in coin, or in any currency of the State of Alabama, or in bonds of the State, or in the treasury notes of this State, authorized to be issued under the authority of any law of this State.

Approved, February 6, 1861.

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Mr. Hill moved that the communication be referred to a committee of three, with instructions to prepare an appropriate response for the Congress, to the general assembly of Alabama; which motion was agreed to; and the Chair appointed as the committee Messrs. Hill, Conrad, and Harris.

Mr. Conrad, one of the deputies from the State of Louisiana, appeared, presented his credentials, signed the roll, and took his seat in the Congress.

Mr. Withers introduced the following resolution:

Resolved, That the governor and the members of each house of the legislature of Alabama be invited to seats on the floor of Congress when in open session.

The resolution received the necessary readings and was adopted.

The Congress then went into secret session.

SECRET SESSION.

At 1 o'clock p. m. the Congress went into secret session.

The Journal of yesterday's proceedings was read and approved.

Mr. Toombs, by unanimous consent, introduced the following resolution; which received the necessary readings and was adopted, to wit:

Resolved, That the communication of the commissioners from the State of North Carolina to this Congress be referred to a committee of three, to be appointed by the President.

The President appointed as members of said committee Messrs. Toombs, Smith, and Keitt.

Mr. Toombs, by unanimous consent, introduced the following resolution:

Resolved, That the committee who were instructed to invite Hons. David L. Swain, M. W. Ransom, and John L. Bridgers to seats on this floor be instructed to invite them to attend any open or secret session of this body at any time it may suit their convenience, for the purpose of making any communication to this body which they may desire; which resolution, having received the necessary readings, was adopted.

The call of the States was then proceeded with; and

Mr. Rhett of South Carolina introduced the following resolution:

Resolved, That a committee consisting of two from each State, to be nominated by the delegations from the States, shall be appointed to take into consideration and report to this Congress a constitution “for a permanent government” of the States represented in this Congress.

The said resolution, having received two readings, was ordered to be placed on the Calendar.

Mr. Memminger, from the Committee of Twelve to frame a provisional government, made the following report:

The committee appointed to prepare a constitution for the provisional government of the States which have seceded from the Federal Union, have duly considered the matter referred, and herewith report a constitution for that purpose.

C. G. MEMMINGER, Chairman.

February 7, 1861.

Constitution for the Provisional Government of the Confederate States of North America.

In the name of Almighty God:

We the deputies of the sovereign and independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, do hereby, in behalf of these States, ordain and establish this constitution for the provisional government of the 0026 26 same, to continue for one year from the inauguration of the President, or until a permanent constitution or confederation between the said States shall be put in operation, whichsoever shall first happen.

ARTICLE I.

Section 1. —All legislative powers herein granted shall be vested in this Congress now assembled, until otherwise ordained.

Section 2. —When vacancies happen in the representation from any State, the same shall be filled in such manner as the proper authorities of the State shall direct.

Section 3. —

1. The Congress shall be the judge of the elections, returns, and qualifications of its members; any number of deputies from a majority of the States, being present, shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members. Upon all questions before the Congress, each State shall be entitled to one vote, and shall be represented by any one or more of its deputies who may be present.

2. The Congress may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

3. The Congress shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members on any question shall, at the desire of one-fifth of those present, or at the instance of any one State, be entered on the journal.

Section 4. —1. The members of Congress shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederacy. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of the Congress, and in going to or returning from the same; and for any speech or debate they shall not be questioned in any other place.

Section 5.—

1. Every bill which shall have passed the Congress shall, before it become a law, be presented to the President of the Confederacy; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the Congress, who shall enter the objection at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the Congress shall agree to pass the bill it shall become a law. But in all such cases, the vote shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

2. Every order, resolution, or vote shall be presented to the President, and before the same shall take effect, shall be approved by him, or being disapproved by him shall be repassed by two-thirds of the Congress according to the rules and limitations prescribed in the case of a bill.

Section 6. —

1. The Congress shall have power to lay and collect taxes, duties imposts and excises for revenue necessary to pay the debts and carry on the government of the Confederacy; but no tax, duty, impost or excise shall be laid to foster or promote one branch of industry rather than another; nor shall any tax or duty be laid for revenue on importations from foreign nations, higher than fifteen per cent on their value at the place of their exportation, except in time of war; but the Congress may lay, any duties on importations from any foreign nation, or on exports of domestic products, as it may deem expedient to induce friendly political relations with such nation; and all duties, imposts and excises shall be uniform throughout the States of the Confederacy;

2. To borrow money on the credit of the Confederacy;

3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;

4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Confederacy;

5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

6. To provide for the punishment of counterfeiting the securities and current coin of the Confederacy;

7. To establish post-offices and post-roads;

8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries;

9. To constitute tribunals inferior to the Supreme Court;

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10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years;

13. To provide and maintain a navy;

14. To make rules for the government and regulation of the land and naval forces;

15. To provide for calling forth the militia to execute the laws of the Confederacy, suppress insurrections, and repel invasions;

16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederacy, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; and

17. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in this provisional government.

Section 7. —

1. The importation of African negroes from any foreign country other than the slaveholding States of the United States, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.

2. The Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy.

3. The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion, the public safety may require it.

4. No bill of attainder or ex post facto law shall be passed.

5. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another.

6. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

7. Congress shall appropriate no money from the treasury unless it be asked for by the President or some one of the heads of department, except for the purpose of paying its own expenses and contingencies.

8. No title of nobility shall be granted by the Confederacy, and no person holding any office of profit or trust under it shall; without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign State.

9. Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

10. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

11. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

12. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

13. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

14. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.

15. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise reexamined in any court of the Confederacy, than according to the rules of the common law.

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16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

17. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.

18. The powers not delegated to the Confederacy by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

19. The judicial power of the Confederacy shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the States of the Confederacy by citizens of another State, or by citizens or subjects of any foreign State.

Section 8. —

1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the Confederacy, and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE II.

Section 1. —

1. The executive power shall be vested in a President of the Confederate States of North America. He, together with the Vice-President, shall hold his office for one year, or until this provisional government shall be superseded by a permanent government, whichsoever shall first happen.

2. The President and Vice-President shall be elected, by ballot, by the States represented in this Congress, each State casting one vote, and a majority of the whole being requisite for election.

3. No person except a natural-born citizen, or a citizen of one of the States of this Confederacy at the time of the adoption of this constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years and been fourteen years a resident of one of the States of this Confederacy.

4. In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said office (which inability shall be determined by a vote of two-thirds of the Congress), the same shall devolve on the Vice-President and the Congress may by law provide for the case of removal, death, resignation or inability both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a President shall be elected.

5. The President shall at stated times receive for his services during the period of the provisional government a compensation at the rate of twenty-five thousand dollars per annum, and he shall not receive during that period any other emolument from this Confederacy or any of the States thereof.

6. Before he enter on the execution of his office, he shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States of North America, and will, to the best of my ability, preserve, protect, and defend the constitution thereof.”

Section 2. —

1. The President shall be commander in chief of the Army and Navy of the Confederacy, and of the militia of the several States, when called into the actual service of the Confederacy; he may require the opinion, in writing, of the principal officer in each of the executive,departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the Confederacy, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the Congress, to make treaties, provided two-thirds of the Congress concur; and he shall nominate, and by and with the advice and consent of the Congress, shall appoint ambassadors, other public ministers and consults, judges of the court, and all other officers of the Confederacy, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments.

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3. The President shall have power to fill up all vacancies that may happen during the recess of the Congress, by granting commissions which shall expire at the end of their next session.

Section, 3. —

1. He shall, from time to time, give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene the Congress at such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed; and shall commission all the officers of the Confederacy.

2. The President, Vice-President and all civil officers of the Confederacy, shall be removed from office on conviction by the Congress of treason, bribery or other high crimes and misdemeanors; a vote of two-thirds shall be necessary for such conviction.

ARTICLE III.

Section 1. —

1. The judicial power of the Confederacy shall be vested in one Supreme Court, and in such inferior courts as are herein directed or as the Congress may from time to time ordain and establish.

2. Each State shall constitute a district, in which the President shall, by and with the advice and consent of the Congress, appoint a judge who shall exercise the power and authority vested by the laws of the United States, as far as applicable, in both the district and circuit courts for that State, until otherwise provided by the Congress, and shall appoint the times and places at which the court shall be held. The jurisdiction of the district and circuit courts shall be merged in one, and appeals may be taken directly to the Supreme Court under similar regulations to those which are provided in cases of appeal to the Supreme Court of the United States. The commissions of all the judges shall expire with this provisional government.

3. The supreme court shall be constituted of all the district judges, and shall sit at such times and places as the Congress shall appoint.

4. The Congress shall have power to make laws for the transfer of any causes which were pending in the courts of the United States to the courts of the Confederacy; and for the execution of the orders, decrees and judgments heretofore rendered by the said courts of the United States, and also all laws which may be requisite to protect the parties to all such suits, orders, judgments or decrees.

Section 2. —

1. The judicial power shall extend to all cases of law and equity, arising under this constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made, under its authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederacy shall be a party; controversies between two or more States; between citizens of different States; between citizens of the same State claiming lands under grants of different States.

2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.

3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

Section 3. —

1. Treason against this Confederacy shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

ARTICLE IV.

Section 1. —

1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Section 2. —

1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.

2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.

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3. A slave in one State escaping to another shall be delivered up on claim of the party to whom said slave may belong, by the executive authority of the State in which such slave shall be found; and in case of any abduction or forcible rescue full compensation, including the value of the slave and all costs and expenses, shall be made to the party by the State in which such abduction or rescue shall take place.

Section 3. —

1. The Confederacy shall guaranty to every State in this Union, a republican form of government, and shall protect each of them against invasion; and, on application of the legislature, or of the executive (when the legislature can not be convened), against domestic violence.

ARTICLE V.

1. The Congress by a vote of two-thirds may at any time alter or amend this constitution.

ARTICLE VI.

1. This constitution, and the laws of the Confederacy which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederacy, shall be the supreme law of the laud; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.

All sums of money expended by any State before the adoption of this constitution, in asserting and maintaining its separation from the late United States, are charged upon this Confederacy, and shall be paid from its treasury.

The Government hereby instituted shall take immediate steps for the settlement of all matters between the States forming it, and their other late confederates of the United States, in relation to the public property and public debt at the time of their withdrawal from them; these States hereby declaring it to be their wish and earnest desire to adjust everything pertaining to the common property, common liability, and common obligations of that Union upon the principles of right, justice, equity and national good faith.

Until otherwise provided by the Congress the city of Montgomery, in the State of Alabama, shall be the seat of government.

The members of the Congress and all executive and judicial officers of the Confederacy shall be bound by oath or affirmation to support this constitution; but no religious test shall be required as a qualification to any office or public trust under this Confederacy.

Other States with institutions similar to ours, acceding to the terms of this provisional government, are invited to join us, with a view to the speedy formation of a permanent government for the whole upon the basis of the constitution of the late United States.

Mr. Stephens moved to postpone the consideration of the report until the same can be printed, and to direct the printing thereof; which motion he subsequently withdrew.

Mr. Conrad renewed the motion of Mr. Stephens.

Mr. Hale moved to amend the motion of Mr. Conrad by striking out all after the word “until” and adding “half past 7 o'clock this evening.”

The question was on Mr. Hale's amendment, and it was carried—Yeas 4, nays 2, the States voting as follows:

Yea: Alabama, Florida, Louisiana, and Mississippi.

Nay: Georgia and South Carolina.

The motion as amended was then adopted.

The President then instructed the Secretary to send the report forthwith to the printers of Congress; which was done.

The Calendar was then called, and there appeared thereon the resolution of Mr. Chilton (numbered 1); which by unanimous Consent was withdrawn.

The President announced to the Congress that he had received a communication from the municipal authorities of the city of Atlanta for information and laid on the table for the present.

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Mr. Walker moved that the Congress do now take a recess until 7.30 o'clock this evening; which was lost—Yeas 3, nays 3, the States voting as follows:

Yea: Alabama, Louisiana, and South Carolina.

Nay: Florida, Georgia, and Mississippi.

Mr. Hill moved that the Congress do now adjourn; which was carried.

And the Congress adjourned until 11 o'clock to-morrow.

FRIDAY, February 8, 1861. Link to Annals.

OPEN SESSION.

The Congress met pursuant to adjournment.

Prayer was offered by Rev. Mr. Pellicer.

Mr. Alexander M. Clayton appeared as a Delegate from the State of Mississippi, signed the roll, and took his seat.

Messrs. Thomas Fearn and David P. Lewis appeared as Delegates from the State of Alabama, and, having signed the roll, took their seats.

Mr. Chilton made the following report:

The committee appointed to extend an invitation to the reverend clergy of this city to open the sessions of this Congress with prayer have performed that duty, and beg leave to report their acceptance of said invitation, as indicated by a communication on their behalf, from the Rev. Mr. Petrie to your committee, which accompanies this report.

The communication referred to was reported as follows:

Montgomery, Ala., February 6, 1861.

Hons. W. P. Chilton, J. L. M. Curry, S. F. Hale, Committee of Southern Congress.

Gentlemen: Your communication of this date to the clergy of our city, containing a request of the Congress to open its daily session with prayer, has been received by us, and it gives us pleasure to inform you that we will comply. We will make arrangements among ourselves for the regular performance of the service.

With high consideration of yourselves personally and with fervent desires to Almighty God for the body you represent, we are,

Your obedient servants, GEO. H. W. PETRIE, In Behalf of the Clergy of Montgomery.

The President laid before the Congress a communication; which was reported as follows:

To the Hon. Howell Cobb, President of the Southern Congress.

Sir: The libraries of the supreme court of the State of Alabama and of the State are under the charge of the judges of the supreme court.

By authority of the judges, I tender to the members of the body over which you preside the use of the libraries and free access to the library rooms.

Very respectfully, your obedient servant,

A. J. WALKER, Chief Justice Supreme Court.

On motion of Mr. Miles, the President was requested to communicate the thanks of the Congress for the kind invitation extended to the body.

Mr. Hill, from the committee to whom was referred the communication from the general assembly of the State of Alabama, inclosing a copy of an act to appropriate $500,000 to the cause of Southern independence, 0032 32 reported that they had had the same under consideration, and beg leave to present the resolutions following, and recommend that they be adopted by the Congress:

(1) Resolved, That this Congress accept the liberal offer of the general assembly of the State of Alabama to place at the disposal of this body the sum of five hundred thousand dollars as a loan to the government of the Confederacy now being formed.

(2) Resolved, That this Congress place the highest appreciation upon this generous, patriotic, and considerate action of the State of Alabama, and realize in it the zealous devotion of the people of that State to the cause of “Southern independence.”

The same, having passed to a third reading, were unanimously agreed to.

Mr. Hill reported the following resolution:

Resolved, That a copy of the resolutions of the Congress in relation to the loan of five hundred thousand dollars just agreed to be communicated to the Hons. Samuel F. Rice, F. S. Lyon, and David Hubbard, committee of the house of representatives of the general assembly of the State of Alabama, with a request that the same be laid before the general assembly of that State; which, having passed to a third reading, was agreed to.

On motion of Mr. Barnwell, the Congress went into secret session; and after spending some time therein, adjourned until to-morrow morning, 11 o'clock.

SECRET SESSION.

The Journal of the secret session of yesterday was read and approved.

Mr. Smith, chairman of a committee, offered the following report:

Whereas the people of the State of North Carolina and those of the States represented in this Congress have a common history, a common sympathy, a common honor, and a common danger; and

Whereas it is the opinion and earnest desire of this Congress that the State of North Carolina should be united in government with these States: Therefore, be it

Resolved, That this Congress receive with pleasure the commissioners from the State of North Carolina, and hope to pursue such a course of action as shall commend itself to and induce the State of North Carolina speedily to unite in our councils and in such government as shall be formed by these States; which report was unanimously agreed to; and, on suggestion of Mr. Withers, a copy of the same was ordered to be furnished to the commissioners.

Mr. Withers offered the following resolution:

Whereas it is necessary that the records of this Congress be placed in a condition of safety and those pertaining to proceedings with closed doors in a condition of secrecy: Therefore,

Resolved, That the President be, and he is hereby, authorized and instructed to make proper provision for the purposes herein declared; which, after the necessary readings, was agreed to.

The unfinished business of yesterday, viz, the report of the Committee of Twelve, was then taken up.

The title of the constitution proposed being read, Mr. Stephens moved that the word “North” be stricken out; which motion was agreed to.

Mr. Stephens moved to strike out the first line of the preamble, viz, the words, “In the name of Almighty God;” which motion was agreed to, the vote being taken by States, as follows:

Yea: Alabama, Florida, Georgia, Mississippi, and Louisiana.

Nay: South Carolina.

Mr. Chilton moved to place at the beginning of the preamble the words, “In the name of the Almighty, who is the God of the Bible, and the source of all rightful authority and rule.”

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Mr. Harrison moved as a substitute therefor the following: “Invoking the favor of Almighty God;” which was carried, the vote being taken by States:

Yea: Florida, Louisiana, Mississippi, and South Carolina.

Nay: Alabama.

The State of Georgia not voting, on account of a division.

Mr. Rhett moved to strike out the word “happen” in the last line of the preamble and insert the word “occur;” which was carried.

Mr. Cobb moved to amend by striking out the whole of the preamble and inserting in lieu thereof the following:

The sovereign and independent States of South Carolina, Georgia, Alabama, Florida, Mississippi, and Louisiana, having separated themselves from the compact of Union known as the United States of America, and being desirous of confederating for their common defense and mutual welfare; and being pressed by the exigencies of their present position to form a provisional government in anticipation of a more permanent union; and looking to the guidance and protection of Almighty God, do hereby, through their authorized delegates, confederate under the style of The Republic of Washington, and agree upon the following articles for the constitution of the provisional government, from the 22d day of February, 1861, or until a permanent constitution shall be put in operation, whichsoever shall first occur.

Mr. Smith moved to amend Mr. Cobb's proposition by striking out all after the words “provisional government” and inserting “to continue until a permanent government shall be put in operation, such provisional government not to exist beyond one year.”

Mr. Cobb accepted the amendment of Mr. Smith.

The vote was then taken by States on Mr. Cobb's motion as amended; which was lost, the States voting as follows:

Yea: Alabama, Florida, and Louisiana.

Nay: Mississippi and South Carolina.

The State of Georgia being divided.

Mr. Brooke moved that the words beginning the preamble, viz, “Invoking the favor of Almighty God,” be transposed so as to make the preamble read as follows:

We the deputies of the sovereign and independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, invoking the favor of Almighty God, do hereby, in behalf of these States, ordain and establish this constitution for the provisional government of the same, to continue for one year from the inauguration of the President, or until a permanent constitution or confederation between the said States shall be put in operation, whichsoever shall first occur; which motion was agreed to.

Mr. Harris moved to amend the first article by striking out the first section and inserting in lieu thereof the following:

All legislative powers herein delegated shall be vested in a congress, which shall consist of a senate and house of representatives. The senate shall consist of two senators from each State. The house of representatives shall consist of as many members as are equal to the numbers elected by the States parties to this Confederacy at the last election; and such senators and representatives shall be chosen by the conventions of the several States.

Mr. Hale moved to amend Mr. Harris' motion with the following: And until the senators and representatives are so elected and qualified, all legislative powers hereby delegated shall be exercised by this Congress.

The question then being taken by States on Mr. Harris' motion as amended, the same was lost.

Yea: Florida and Mississippi.

Nay: Alabama, Georgia, Louisiana, and South Carolina.

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Mr. Walker moved to amend the first section of the first article by adding the following: And the Congress may at any time, by a majority vote, provide for the election and assembling of a provisional congress consisting of a senate and house of representatives, in like manner as the Congress of the United States, in whom shall be vested all legislative powers herein granted; and in that event may, by a like vote, make such changes in this constitution as shall be necessary and proper to accomplish that object, and to make the same distribution between such senate and house of representatives of the powers hereby vested in this Congress as is done in the Constitution of the United States; which was lost, the States voting as follows:

Yea: Alabama.

Nay: Florida, Georgia, Louisiana, Mississippi, and South Carolina.

Mr. Withers moved to strike from the first line of the first section of the first article the word “granted” and that the word “delegated” be inserted; which was agreed to.

Mr. Rhett moved to insert the word “expressly” between the words “herein” and “delegated” in the first section; which was lost.

Mr. Cobb moved that the word “State” where it last occurs in the first clause of the third section of the first article be substituted by the word “delegate” and that the words beginning “and shall be represented,” etc., in the same clause, and all after them to the end of the sentence be stricken out; which amendment was lost.

The fourth section was then read; which was as follows:

Section 4. —1. The members of Congress shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederacy. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of the Congress, and in going or returning from the same; and for any speech or debate they shall not be questioned in any other place.

On motion of Mr. Memminger, the same was amended by inserting after the word “going” the words “to and.”

Mr. Withers moved to amend the same by adding the following paragraph:

No member of this Congress shall be appointed under the authority of the Government hereby established to any civil office to be executed under the same, except only diplomatic agencies.

Mr. Smith moved to amend the amendment by striking out the words “except only diplomatic agencies.”

On motion of Mr. Memminger, both of the amendments were laid on the table.

The fifth section was then taken up and the first paragraph read as follows:

Section 5. —1. Every bill which shall have passed the Congress shall, before it become a law be presented to the President of the Confederacy; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the Congress, who shall enter the objection at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the Congress shall agree to pass the bill, it shall become a law. But in all such cases, the vote shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal. If any bill shall not he returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

On motion of Mr. Smith, the same was amended by adding thereto the following words: The President may veto any appropriation or appropriations and approve any other appropriation or appropriations in the same bill.

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The second paragraph of the same section was then taken up and read, an follows:

2. Every order, resolution, or vote shall be presented to the President, and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Congress, according to the rules and limitations prescribed in the case of a bill.

On motion of Mr. Hale, the same was amended by inserting after the word “vote” the words “intending to have the force and effect of a law.”

The sixth section was then taken up and the first paragraph was read, as follows:

Section 6. —1. The Congress shall have power to lay and collect taxes, duties, imposts and excises for revenue necessary to pay the debts and carry on the government of the Confederacy; but no tax, duty, impost or excise shall be laid to foster or promote one branch of industry rather than another; nor shall any tax or duty be laid for revenue on importations from foreign nations, higher than fifteen per cent on their value at the place of their exportation, except in time of war; but the Congress may lay any duties on importations from any foreign nation, or on exports of domestic products, as it may deem expedient to induce friendly political relations with such nation; and all duties, imposts and excises shall be uniform throughout the States of the Confederacy.

On motion of Mr. Kenner, the same was amended by striking out all after the word “Confederacy” where it first occurs to the word “nation” where it last occurs, inclusive; the vote being by States, and resulting as follows:

Yea: Alabama, Florida, Georgia, Louisiana, and Mississippi.

South Carolina being divided.

The others being read seriatim, the seventeenth paragraph, which is as follows:

17. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in this provisional government,

was, on motion of Mr. Stephens, amended by striking out the word “vested” and inserting in lieu thereof the words “expressly delegated” and by striking out the word “in” and inserting in lieu thereof the word “to.”

Mr. Stephens moved that when the Congress adjourns it adjourn until the hour of 10 o'clock a. m. to-morrow.

The motion prevailed.

Mr. Crawford moved to adjourn.

The motion was lost.

On motion of Mr. McRae, the said section was amended by adding the following paragraph:

And this Congress shall also exercise executive powers until the President is inaugurated.

On motion of Mr. Perkins, the Congress took a recess until 7.30 o'clock p. m.

7.30 O'CLOCK P. M.

The first paragraph of the seventh section was read, as follows:

The importation of African negroes from any foreign country other than the slaveholding States of the United States, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.

Mr. Rhett moved to amend the same by striking out all after the 0036 36 words “of African” and insert the words “negroes and slaves from Africa may be prohibited by Congress.”

Mr. Chesnut moved to amend the section by substituting for the whole paragraph the following words:

Congress shall have power to prohibit the importation of African negroes and slaves from any foreign country.

Mr. Bartow called for the question; which, being seconded by a majority of the States present, the motion of Mr. Rhett was put and, the vote being taken by States, resulted as follows:

Yea: South Carolina.

Nay: Alabama, Florida, Georgia, Louisiana, and Mississippi.

So the motion was lost.

The vote then was on the motion of Mr. Chesnut; which was lost.

The seventh paragraph of the said section was read as follows:

Congress shall appropriate no money from the treasury unless it be asked for by the President or some one of the heads of department, except for the purpose of paying its own expenses and contingencies.

Mr. Smith moved to strike out the whole paragraph.

The motion was lost.

On motion of Mr. Withers, the same was then amended by adding after the word “asked” the words “and estimated.”

The ninth paragraph having been read; which is as follows:

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the righter the people peaceably to assemble and to petition the Government for a redress of grievances.

On motion of Mr. Withers, the same was amended by inserting after the words “for a redress of” the word “such” and adding the following words: “as the delegated powers of this Government may warrant it to consider and redress.”

The eighteenth paragraph having been read as follows:

The powers not delegated to the Confederacy by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

On motion of Mr. Withers, the same was amended by inserting after the word “not” the word “expressly.”

The first paragraph of the eighth, section having been read, as follows:

No State shall cater into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

Mr. Cobb moved to amend the same by striking out the words “or confederation.”

The motion was lost.

The first paragraph of the first section of the second article was then read, to wit:

The executive power shall be vested in a President of the Confederate States of North America. He, together with the Vice-President, shall hold his office for one year, or until this provisional government shall be superseded by a permanent government, whichsoever shall first happen.

On motion of Mr. Stephens, the same was amended by striking therefrom the word “North.”

On motion of Mr. Shorter, the same was also amended by striking out the word “happen” and inserting in lieu thereof the word “occur.”

0037 37

The second paragraph of the same having been read, viz:

The President and Vice-President shall be elected, by ballot, by the States represented in this Congress, each State casting one vote, and a majority of the whole being requisite for election.

On motion of Mr. Withers, the same was amended by striking out the word “election” and inserting in lieu thereof the words “to elect.”

The third clause of the same having been read, viz:

No person, except a natural-born citizen, or a citizen of one of the States of this Confederacy at the time of the adoption of this constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident of one of the States of this Confederacy.

Mr. Hill moved to amend the same by changing the first three lines of said clause so as to read as follows:

No person, except a natural-born citizen of one of the States of the United States, and a citizen of one of the States of this Confederacy at the time of the adoption of this constitution, shall be eligible to the office of President.

The motion was lost.

Mr. Curry moved to amend the same by striking out the words “and been fourteen years a resident of one of the States of this Confederacy;” which motion was lost.

The fifth paragraph having been read, to wit:

The President shall at stated times receive for his services during the period of the provisional government a compensation at the rate of twenty-five thousand dollars per annum, and he shall not receive during that period any other emolument from this Confederacy or any of the States thereof.

Mr. Withers moved to amend the same by adding thereto the words “or any other power.”

The motion was lost.

The sixth paragraph having been read, as follows:

Before he enter on the execution of his office, he shall take the following oath or affirmation:

“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States of North America, and will, to the best of my ability, preserve, protect, and defend the constitution thereof.”

On motion of Mr. Hill, the same was amended by striking therefrom the word “North.”

The second clause of the first section of the third article was read, as follows:

Each State shall constitute a district, in which the President shall, by and with the advice and consent of the Congress, appoint a judge who shall exercise the power and authority vested by the laws of the United States, as far as applicable, in both the district and circuit courts for that State, until otherwise provided by the Congress, and shall appoint the times and places at which the court shall be held. The jurisdiction of the district and circuit courts shall be merged in one, and appeals may be taken directly to the Supreme Court under similar regulations to those which are provided in cases of appeal to the Supreme Court of the United States. The commissions of all the judges shall expire with this provisional government.

On motion of Mr. Walker, the same was stricken out and the following inserted in lieu thereof, to wit:

Each State shall constitute a district, in which there shall be a court called a district court, which, until otherwise provided by the Congress, shall have the jurisdiction vested by the laws of the United States, as far as applicable, in both the district and circuit courts of the United States for that State; the judge whereof shall be appointed by the President, by and with the advice and consent of the Congress, and shall, until otherwise provided by the Congress, exercise the power and authority 0038 38 vested by the laws of the United States in the judges of the district and circuit courts of the United States for that State, and shall appoint the times and places at which the courts shall be held. Appeals may be taken directly from the district courts to the Supreme Court, under similar regulations to those which are provided in cases of appeal to the Supreme Court of the United States, or under such other regulations as may be provided by the Congress. The commissions of all the judges shall expire with this provisional government.

The fourth paragraph of said section having been read, as follows:

The Congress shall have power to make laws for the transfer of any causes which were pending in the courts of the United States to the courts of the Confederacy; and for the execution of the orders, decrees and judgments heretofore rendered by the said courts of the United States, and also all laws which may be requisite to protect the parties to all such suits, orders, judgments or decrees.

On motion of Mr. Hale, the same was amended by adding thereto the words “their heirs, personal representatives, or assignees.”

The first clause of the second section being then read, as follows:

The judicial power shall extend to all cases of law and equity, arising under this constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made, under its authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederacy shall be a party; controversies between two or more States; between citizens of different States; between citizens of the same State claiming lands under grants of different States.

On motion of Mr. Smith, the same was amended by striking out the word “and,” after the words “United States,” and inserting in lieu thereof the words “as far as applicable, and the laws.”

Article fourth, the first section, being in the following words:

Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every ether State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Mr. Withers moved to strike out the last word of the same, viz, “thereof,” and insert in lieu of the same the words “of such proof;” which was agreed to.

Mr. Harris moved to amend the same section by adding the following: The laws of the United States in force at the adoption of this constitution, so far as applicable, shall continue in force an the laws of this Confederacy until altered or repealed by the Congress; which was lost.

Mr. Harris moved to strike out of the sixth article the following words:

All sums of money expended by any State before the adoption of this constitution, in asserting and maintaining its separation from the late United States, are charged upon this Confederacy, and shall be paid from its treasury; which was agreed to.

Mr. Clayton moved that the following be a distinct section of the sixth article, viz:

All rights acquired or vested under the Constitution of the United States, or any act of Congress, or any treaty passed or made in pursuance thereof, shall have the same force and effect as if the late Union had not been dissolved; which was lost.

Mr. Miles moved to strike out the word “national” where it occurs in the sixth article; which was carried.

Mr. Harris moved to strike out the last paragraph of the sixth article; which was agreed to.

0039 39

Mr. Memminger offered the following amendment to be inserted as the third paragraph of section 5 of article 1:

Until the inauguration of the President, all bills, orders, resolutions, and votes adopted by the Congress shall be of full force without any approval by him; which was agreed to.

Mr. Chesnut moved to strike out the last section of article 6, and to substitute as follows: “Congress shall have power to admit other States;” which was agreed to; and on motion of Mr. De Clouet, the said substituted section was transposed so as to form paragraph 18 of section 6, article 1.

The Constitution, as amended, was then ordered to be engrossed for a third reading and, having been read a third time, was unanimously adopted.

Mr. Walker moved that the injunction of secrecy, so far as the Constitution as adopted was concerned, be removed; which was agreed to.

Mr. Memminger moved that the oath prescribed by the Constitution be administered to the members of this Congress to-morrow in open session; which was also agreed to.

Mr. Boyce moved that this Congress proceed to the election of a President for the Provisional Government at the hour of 12 o'clock to-morrow.

Mr. Miles moved that the Congress proceed to the election of a President immediately; which was lost.

The question recurring on Mr. Boyce's motion, the same was agreed to, and it was further agreed that the election of President be conducted in secret session.

Mr. Walker moved that the Constitution be enrolled on parchment; which motion prevailed.

Mr. Curry moved that the election for a President and Vice-President be conducted in open session; which was lost.

On motion of Mr. Miles, 1,000 copies of the Constitution were ordered to be printed for the use of the Congress.

On motion of Mr. Rhett,

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

SATURDAY, February 9, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

An appropriate prayer was offered up by the Rev. Dr. Basil Manly.

The Chair announced that the first business in order was the administration of the oath to the deputies to support the Constitution of the Provisional Government.

Whereupon, Judge Richard W. Walker, of the supreme court of the State of Alabama, administered the oath to the President and the President administered the oath to the members of the Congress.

The oath thus taken was as follows:

You do solemnly swear that you will support the Constitution for the Provisional Government of the Confederate States of America, so help you God.

At the suggestion of Mr. Memminger, while the oath was being administered all the members stood upon their feet.

On the call of the different States, Mr. Memminger presented to the Congress from the ladies of South Carolina a model for the flag of 0040 40 the Confederate States of America; also another model from a gentleman of the city of Charleston, and accompanied the presentation of the same with appropriate and explanatory remarks:

Mr. Miles moved the following:

That a committee, consisting of one from each State, be appointed to take into consideration the adoption of a flag for the Confederate States of America; which was agreed to, and the following committee appointed: From Alabama, Mr. Shorter; from Florida, Mr. Morton; from Georgia, Mr. Bartow; from Louisiana, Mr. Sparrow; from Mississippi, Mr. Harrison; and from South Carolina, Mr. Miles.

Mr. Stephens offered the following resolution:

Resolved, That the President proceed to appoint the following standing committees, to consist of five members each:

A committee on foreign affairs:

A committee on finance;

A committee on military and naval affairs;

A committee on the judiciary;

A committee on postal affairs;

A committee on commercial affairs;

A committee on accounts;

A committee on engrossment;

A committee on patents; and

A committee on printing;

which resolution was adopted.

The Congress then proceeded to the election of a President and a Vice-President for the Provisional Government.

Mr. Curry moved that two tellers be appointed to conduct said election; which was agreed to.

Whereupon, the President appointed Mr. Curry and Mr. Miles as tellers.

The vote being taken by States for President, the Hon. Jefferson Davis, of Mississippi, received all the votes cast, being 6, and was duly declared unanimously elected President of the Provisional Government.

On motion of Mr. Toombs, a committee of three was appointed to inform Mr. Davis of his election.

Whereupon, the President appointed Mr. Toombs, Mr. Rhett, and Mr. Morton.

The vote was then taken by States for Vice-President, and the Hon. Alexander Hamilton Stephens, of Georgia, received all the votes cast, being 6, and he was duly declared unanimously elected Vice-President of the Provisional Government.

Mr. Perkins moved that a committee of three be appointed to inform Mr. Stephens of his electron; which was agreed to, and the President appointed Mr. Perkins, Mr. Harris, and Mr. Shorter.

Congress then adjourned till Monday next at 11 o'clock.

SECRET SESSION.

Congress having gone into secret session,

Mr. Rhett moved the following:

Resolved, That the injunction of secrecy upon the proceedings for framing the Constitution for the Provisional Government is removed, so far as to permit the Delegates of any State to explain to their own conventions in secret sessions the reasons for their action 0041 41 which was read the first and second times, engrossed, and read a third time, and agreed to.

On motion of Mr. Toombs, it was agreed to go into the election of a President and Vice-President for the Provisional Government.

Mr. Barry moved that the election be conducted with open doors and that no nominations for either President or Vice-President be made; which was agreed to.

On motion of Mr. Bartow, it was ordered that only the galleries be open to the public, except as to those who are privileged to the floor in open sessions; which was agreed to.

After the election of a President and Vice-President, and the Congress having again gone into secret session,

The resolution of Mr. Rhett, which was number 2 on the Calendar, was then taken up, it being in the words following:

Resolved, That a committee consisting of two from each State to be nominated by the Delegates from the States, shall be appointed to take into consideration and report to this convention a constitution for a permanent government of the States represented in this convention; which, after receiving three several readings, was adopted.

Mr. Memminger offered the following resolution:

Resolved, That the committee on finance be instructed to report as soon as possible a tariff for raising revenue for the support of the Government; which was agreed to.

Mr. Harris introduced the following bill:

A bill to be entitled “An act to continue in force certain laws of the United States of America.” a

a The words in brackets appear in the original draft of the bill on file in the War Department.

Be it enacted by the Congress of the Confederate States of America, That [all] the laws of the United States of America in force and in use [in these Confederate States] on the first day of November [last], and not inconsistent with the Constitution, be, and the same are hereby, continued in force until repealed or altered by the Congress; which, after having been read a second time, was ordered to be engrossed for a third reading; and

On the passage of the bill, the vote being taken by States, there were five yeas and one nay, the States voting as follows:

Yea: Alabama, Florida, Georgia, Louisiana, and Mississippi.

Nay: South Carolina.

Mr. Cobb offered the following resolutions.

(1) Resolved, That a committee of three be appointed from the members of this Congress, representing the State of Alabama, who shall inquire and report to this body upon what terms suitable buildings in the city of Montgomery can be procured for the use of the several executive departments of this Confederacy, under the Provisional Government.

(2) Resolved, That the same committee be charged with the duty of estimating and reporting to Congress the necessary expenses for fitting and furnishing such apartments for the official business of such departments; which were, after the necessary readings, agreed to, and Mr. Shorter, Mr. Chilton, and Mr. McRae were appointed as the committee.

Mr. Fearn offered the following resolution:

Resolved, That a committee consisting of two members from each State be appointed to draft an address making known to the world the motives which have constrained the people of the Confederate States of America to adopt the course they have taken and to declare the motives and objects had in view in the establishment of this Confederacy; which was lost.

0042 42

The committee raised by Mr. Rhett's resolution, viz, on a constitution for a permanent government was then announced: Alabama, Mr. Walker and Mr. Smith; Florida, Mr. Morton and Mr. Owens; Georgia, Mr. Toombs and Mr. T. R. R. Cobb; Louisiana, Mr. De Clouet and Mr. Sparrow; Mississippi, Mr. Clayton and Mr. Harris; and South Carolina, Mr. Rhett and Mr. Chesnut.

Mr. Miles offered the following resolution:

Resolved, That the committee raised to report a plan for a flag for the Confederate States of America be also instructed to report a device for a great seal of State and also arms and a motto for the Confederacy; which, after being read the necessary times, was agreed to, and the injunction of secrecy thereon was ordered to be removed.

On motion of Mr. Harris, the injunction of secrecy was removed from the bill which he introduced and was passed.

On motion of Mr. Rhett, the injunction of secrecy was removed from the resolution offered by Mr. Memminger and adopted.

Mr. Cobb moved that the injunction of secrecy be also removed from the resolutions he introduced; which was agreed to.

Then,

On motion of Mr. Chesnut,

The Congress adjourned until next Monday.

MONDAY, February 11, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer by the Rev. A. J. Battle.

The Journal of Saturday was read and approved.

Mr. Perkins, from the committee appointed to wait on the Hon. Alexander H. Stephens and notify him of his election as Vice-President of the Confederate States of America under the Constitution of the Provisional Government, reported that the committee had discharged that duty, and that the Vice-President would respond personally in the Congress this day at 1 o'clock, if it suit the convenience of Congress; which report was concurred in, and the hour of 1 o'clock p. m. appointed for hearing the response of the Hon. Alexander H. Stephens, Vice-President-elect.

Mr. Conrad offered the following resolution:

Resolved, That a committee composed of five members be appointed by the Chair, whose duty it shall be to prepare and report a bill providing for the establishment of the executive department of the Confederacy.

The resolution was read three times and adopted.

On motion of Mr. Stephens, the Congress reconsidered the vote by which the resolution for the appointment of standing committees was adopted on Saturday.

Mr. Stephens moved to amend said resolution by striking out the words “a committee on military and naval affairs” and by adding thereto— a committee on military affairs, a committee on naval affairs, a committee on Territories, a committee on public lands, and a committee on Indian affairs.

The amendment was adopted, and the resolution as amended was adopted.

0043 43

The Chair laid before the Congress a communication from — —relative to a flag for the Confederate States of America; which was referred to the Select Committee on the Flag.

The hour or 1 o'clock having arrived, the Chair announced the order for the hour to be the reception of the response of Mr. Stephens to the communication of the committee informing him of his election to the office of Vice-President of the Provisional Government.

Mr. Stephens then said:

Mr. President: I have been notified by a committee of this body of my election to the office of Vice-President under the Provisional Government established for the Confederate States of America; the notification is in a letter, which I beg leave to read:

Montgomery, Ala., February 9, 1861.

Sir: The Congress of the Provisional Government for the Confederate. States of America have this day unanimously elected you to the office of Vice-President of the Confederate States, and we have been appointed to communicate the fact, and to respectfully invite your acceptance.

In performing this pleasing duty, allow us to express the hope that you will accept; and we beg to suggest that it would be most agreeable to the body we represent, as you are a member of the Congress, that you should signify to it, in person, your consent to serve the country in the high position to which you have been called.

We have the honor to be, very respectfully, yours,

JOHN PERKINS, Jr.,

W. P. HARRIS,

JNO. GILL SHORTER.

To Hon. Alexander H. Stephens.

From this it appears to be the general desire that I should in person make known to the body in a verbal response my acceptance of the high position to which I have been called.

This I now do. In this august presence, before you, Mr. President, before this Congress and before this large concourse of people under the bright sun and brilliant skies which now smile so auspiciously upon us, I will take this occasion also to return my most profound acknowledgments for this expression of confidence on the part of Congress.

There are special reasons why I place an unusually high estimate on it. The considerations that induced me to accept it I need not state. Suffice it to say that it may be deemed questionable whether any good citizen can refuse to discharge any duty that may be assigned him by his country in an hour of need.

It might be expected that I should at this time indulge in some remarks upon the state of our public affairs, the dangers that threaten us, and the most advisable measures to be adopted to meet pressing exigencies. Allow me to say, that in the absence of the distinguished gentleman who has been called to the chief executive chair I think it best to forbear to say anything on such matters. We expect him here in a few days—by Wednesday of this week at farthest—unless providentially detained longer. When he comes we will hear from him on all these difficult questions, and I doubt not we shall cordially and harmoniously concur in the line of policy his superior wisdom and statesmanship shall indicate. In the meantime there are matters we may very profitably be directing our attention to. Such as providing necessary postal arrangements, making provision for the transfer of the custom-houses from the jurisdiction of the separate States to the Confederacy, and the imposition of such duties as will be necessary to meet present and expected exigencies. In the exercise of the power to assess duties we are limited to the objects of revenue. A small duty, not exceeding 10 per cent upon importations, it is believed will be sufficient.

And above all, in the interim between this and the arrival and inauguration of the President, we can be directing our attention to the constitution of a permanent government, stable and durable, which is one of the leading objects of our assembling.

I am now ready to take the oath of office.

The President then administered to Mr. Stephens the oath prescribed by the Constitution.

On motion of Mr. Barnwell, the communication of the committee, together with Mr. Stephens' response, were ordered to be entered upon the Journal.

0044 44

Mr. Rhett moved that 12 o'clock instead of 11 be the hour of the meeting of Congress to-morrow; which was agreed to.

And,

On motion of Mr. Perkins,

Congress then accordingly adjourned until 12 o'clock, to-morrow.

SECRET SESSION.

The Congress having gone into secret session, the Journals of the secret sessions of Friday and Saturday were read and corrected.

Mr. Toombs moved that the injunction of secrecy be removed as to the fact of the appointment of a committee to prepare a permanent constitution, and also as to the names of the members of said committee; which motion prevailed.

Mr. Lewis offered the following as a clause to be inserted in the permanent constitution for the Confederate States of America, when the same shall be framed and adopted, viz:

In all additional cases involving a constitutional question the Supreme Court shall consist, in addition to the district judges, of the chief justices of each State of the Confederacy, a majority of whom as well as a majority of the district judges, shall be necessary to a quorum; which resolution, after being read the first and second times, was referred to the Committee on Permanent Constitution.

Congress then took a recess, to reassemble in open session at 1 o'clock p. m.

TUESDAY, February 12, 1861. Link to Annals.

OPEN SESSION.

The Congress met at 12 m., pursuant to adjournment.

Prayer was offered up by Rev. J. M. Mitchell, of the Protestant Episcopal Church.

The Journal of yesterday was read and approved.

The Chair announced the following standing committees:

To Organize the Executive Departments—Messrs. Stephens, Conrad, Boyce, Shorter, and Brooke.

On Foreign Affairs—Messrs. Rhett, Nisbet, Perkins, Walker, and Keitt.

On Finance—Messrs. Toombs, Barnwell, Kenner Barry and McRae.

On Commercial Affairs—Messrs. Memminger, Crawford, De Clouet, Morton, and Curry.

On the Judiciary—Messrs. Clayton, Withers, Hale, Cobb, and Harris.

On Naval Affairs—Messrs. Conrad, Chesnut, Smith, Wright, and Owens.

On Military Affairs—Messrs. Bartow, Miles, Sparrow, Kenan, and Anderson.

On Postal Affairs—Messrs. Chilton, Boyce, Hill, Harrison, and Curry.

On Patents—Messrs. Brooke, Wilson, Lewis, Hill, and Kenner.

On Territories—Messrs. Chesnut, Marshall, Campbell, Nisbet, and Fearn.

On Public Lands—Messrs. Marshall, Harris, Fearn, Anderson, and Wright.

0045 45

On Indian Affairs—Messrs. Morton, Hale, Lewis, Keitt, and Sparrow.

On Printing—Messrs. Cobb, Harrison, Miles, Chilton, and Perkins.

On Accounts—Messrs. Owens, De Clouet, Campbell, Smith, and Crawford.

On Engrossment—Messrs. Shorter, Wilson, Kenan, McRae, and Bartow.

On motion of Mr. Stephens, the Secretary was instructed to have 100 copies of the list of committees, as above announced, printed for the use of the Congress.

The Chair laid before the Congress the following telegraphic dispatch received on this forenoon:

New Orleans, February 9, 1861.

To Hon. Howell Cobb, President Montgomery Convention.

Sir: I am directed to communicate to you that during the session of the convention of the State of Louisiana this morning, upon the receipt of the dispatch informing us of the election of the Hon. Jefferson Davis as President and the lion. A. H. Stephens as Vice-President of the Provisional Government of the Southern Republic, Mr. President Monton immediately suspended the regular business of the convention then under consideration, and announced the agreeable intelligence to the convention; whereupon the following resolutions were offered and unanimously adopted:

Resolved, That this convention receives with the most cordial approval the intelligence, this day received by telegraph, of the election of Jefferson Davis, of Mississippi, as President and Alexander H. Stephens, of Georgia, as Vice-President of the Provisional Government of the Southern Republic.

Resolved, That the secretary of ibis convention be instructed to communicate the foregoing resolution to the president of the convention at Montgomery.

Very respectfully, your obedient servant,

J. THOMAS WHEAT, Secretary of Convention.

Ordered, That said communication be spread upon the Journal, and lie upon the table.

The Chair then proceeded to call the States in their order for the presentation of bills, petitions, memorials, etc.

Mr. Thomas R. R. Cobb presented a design for a flag, seal, and coat of arms for the Confederate States of America, forwarded by Edwin V. Sharp, of Augusta, Ga.; which, on motion of Mr. Cobb, were referred to the Select Committee on the Flag.

Mr. Nisbet offered the following resolution; which was read the first and second times and referred to the Committee on Foreign Affairs, to wit:

Resolved, That the Committee on Foreign Affairs be requested to inquire into the propriety and necessity of sending, so soon as the President-elect shall be inaugurated, a commission to the Government of the United States of America.

Mr. Harris offered the following resolution:

Resolved, That until otherwise provided, the several officers connected with the collection of customs duties and imposts in the several States of this Confederacy be, and they are hereby, confirmed and continued in office, as officers of the Government of the Confederate States of America.

The same was read the first and second times and referred to the Committee on Commercial Affairs.

On motion of Mr. Thomas R. R. Cobb, the Congress then went into secret session with closed doors.

After some time spent in secret session, the Congress, at 3 p. m., adjourned until to-morrow at 12 m.

0046 46

SECRET SESSION.

On motion of Mr. Thomas R. R. Cobb. the Congress, being in open session, at 12.30 o'clock p. m. resolved to go into secret session; when the following action was had:

Mr. Walker offered the following resolution:

Resolved, That the Committee on Foreign Affairs be instructed to inquire into the propriety of sending a commission to the Governments of Great Britain and France and other European powers.

The resolution was read the second time.

Mr. Withers moved to lay the same on the table; which motion was lost.

The resolution was then read the third time and adopted.

Mr. Curry reported a bill to be entitled “An act to admit railroad iron free of duty;” which was read the second time and, on motion of Mr. Curry, referred to the Committee on Finance.

On motion of Mr. Chesnut, 100 copies of the list of the names of the members of the Congress and their respective post-offices were ordered to be printed for the use of the Congress.

Mr. Chilton offered the following resolutions:

Resolved by the Confederate, States of America in Provisional Congress assembled, That commissioners be appointed by this Congress to the United States of America, to proceed forthwith to Washington City to represent this Government at, the Government of the United States.

(2) Resolved by the authority aforesaid, That said commissioners be instructed to obtain a recognition by the United States of America of this Confederacy as an independent Government.

(3) Resolved, etc., That said commissioners be instructed to enter into and consummate negotiations for the delivery to this Government of all forts, arsenals, and other public property within the limits of this Confederacy and, if necessary, to make a formal demand on the part of this Government of the same.

(4) Resolved, etc., That said commissioners be, and they are hereby, instructed to announce to the Government of the United States (if in the opinion of such commissioners any doubt shall exist, on the part of such Government making such announcement proper) that the Confederate States of America having been organized as a separate and independent republic are determined to maintain said Government and that no proposition for a reconstruction of the Government of the United States by which the States of this Confederacy or any of them shall become reunited to the Government of the United States will be entertained by this Government.

(5) Resolved, etc., That said commissioners be further instructed to present to the Government of the United States assurances of the sincere wish on the part of this Government to preserve the most friendly relations between the two Governments and the States comprising the same, and to settle, by peaceful negotiations all matters connected with the public property and the indebtedness of the Government of the United States existing before the withdrawal of any of the States of this Confederacy; and to this end said commissioners are hereby fully empowered to negotiate with the Government of the United States in reference to said matters, and to adjust the same upon principles of justice, equality, and right.

(6) Resolved, etc., That said commissioners shall be controlled by the foregoing resolutions until the President-elect for this Confederacy shall have been installed into office, at which time said commissioners shall be guided by instructions from the President officially announced to them.

The resolutions were read the second time and, on motion of Mr. Withers, referred to the Committee on Foreign Affairs.

Mr. Kenan offered the following resolution:

Resolved, That Fort Sumter and all other forts within the Confederate States of America, and all questions connected with them, are within the jurisdiction and protection of this Congress, which will take immediate action for their protection, and 0047 47 that the respective governments a of the States represented in this Congress be immediately furnished with a copy of this resolution.

a So recorded in the Journal, but the original draft, on file in the War Department, reads “governors.”

The same was read the second time.

Mr. Clayton moved to amend by striking out all after the word “resolved” and inserting in lieu thereof the following, to wit:

That the State of South Carolina be requested to abstain from any hostile attack upon Fort Sumter until the Provisional President of the Confederate States shall be inaugurated, unless an attempt should be made to reenforce the fort by the Government of the United States, in which event the authorities of South Carolina are hereby requested to take the necessary steps to prevent it and to attack the fort if necessary to secure that end.

Mr. Chesnut offered the following as an amendment to Mr. Clayton's amendment by substituting in lieu thereof, viz:

Resolved, That the power to declare and engage in war is expressly and exclusively delegated to this Congress, subject to the exceptions contained in the second clause of the eighth section of the first article of the Constitution.

(2) Resolved, That the foregoing resolution be telegraphed to the governors of each of the States of the Confederacy.

Mr. Bartow, by unanimous consent, offered the following resolution:

Resolved, That this Government takes under its charge the questions and difficulties now existing between the several States of this Confederacy and the Government of the United States relating to the occupation of the forts, arsenals, navy-yards, and other public establishments, and that the President of this Congress be directed to communicate this resolution to the governors of the States.

Mr. Chesnut withdrew his amendment.

Mr. Clayton then withdrew his amendment.

Mr. Kenan withdrew his resolution, accepting in lieu thereof that offered by Mr. Bartow.

The question being then on the resolution of Mr. Bartow, the same was read the third time and agreed to.

On motion of Mr. Conrad the injunction of secrecy was removed from the action of the Congress in agreeing to Mr. Bartow's resolution.

Mr. McRae offered the following resolution:

Resolved, That the principal Secretary be authorized to employ an additional assistant at his own expense; which resolution, on motion of Mr. Crawford, was referred to the Committee on Accounts.

Congress then adjourned Until 12 o'clock to-morrow.

WEDNESDAY, February 13, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Mr. J. C. Davis.

The Journal was read and approved.

Mr. Stephens presented a communication on the subject of a flag and seal for the Confederate States of America; also models for a flag and a seal of state; which were referred to the Select Committee on Flag.

0048 48

Mr. Wright laid before Congress a communication from Mark A. Cooper relative to the establishment of an armory for the Southern Confederacy, and moved that the same be referred to the Committee on Finance; which was lost.

Mr. Curry moved to refer the communication to a select committee of five; which was lost.

On motion of Mr. Wright the communication was referred to the Committee on Military Affairs.

On the call of the States, Mr] Conrad offered the following resolution:

Resolved, That the Committee on Military Affairs and the Committee on Naval Affairs be instructed to include in ally plan they may propose for the organization of the Army and Navy, suitable provision for such officers of the Army and Navy of the United States as may have tendered a resignation of their commissions in consequence of their adhesion to any or all of the States of this Confederacy; which, after being read three times, was adopted.

Mr. Crawford laid before Congress a communication from Dr. Hem'y M. Jeter, the postmaster at Columbus Ga., relative to postal matters; which, on motion of Mr. Crawford, was referred to the Committee on Postal Affairs.

Mr. Memminger offered the following resolution:

Resolved, That the Committee on Commercial Affairs be instructed to inquire and report upon the expediency of repealing the navigation laws of the Confederate States; and that they have leave to report by bill; which was read three times and agreed to.

Mr. Brooke offered the following resolution:

Resolved, That the Committee on the Flag and Seal of the Confederacy be instructed to adopt and report a flag as similar as possible to the flag of the United States making on v such changes as may be necessary to distinguish easily the one from the other, and to adopt the former in the arrangement of its stars and stripes to the number of States in this Confederacy.

After some discussion had thereon, Mr. Brooke withdrew the same for the present.

On motion of Mr. Rhett,

Congress went into secret session; and after some time spent therein, adjourned until 12 o'clock m. to-morrow.

SECRET SESSION.

Pursuant to the motion of Mr. Rhett, the Congress went into secret session; when the following proceedings were had:

The President stated to the Congress that, in accordance with the resolution agreed to yesterday, he had telegraphed the governors of the respective States of this Confederacy, that “this Government had taken charge of the questions and difficulties existing between the States of this Confederacy and the Government of the United States relating to the occupation of the forts, arsenals, navy-yards, and other public establishments,” and that he had received a reply from the governor of South Carolina; which was reported to the Congress.

On motion of Mr. Cobb, the same was ordered to be entered on the Journal, and is as follows:

Charleston, February 13, 1861.

Hon. Howell Cobb, President of the Congress:

Your dispatch covering resolutions of Congress of Confederate States taking charge of questions and difficulties now existing between the several States of this 0049 49 Confederacy and Government of the United States relating to the occupancy of forts, arsenals, navy-yards, and other public establishments is received.

Will communicate by letter, but we most respectfully urge that it is due to us under all the circumstances to get possession of Sumter at a period not beyond the fourth.

F. W. PICKENS.

Mr. Cobb offered the following resolution:

Resolved, That the Committee on Military Affairs be instructed to inquire and report what action may be necessary on the part of this Government, in relation to the occupation of Forts Sumter and Pickens by the Government of the United States.

The same was read the first, second, and third times, and on the question of agreeing thereto, the vote was taken by States, and is as follows:

In the affirmative: The States of Alabama, Florida, Georgia, and Mississippi.

In the negative: The States of Louisiana and South Carolina.

So the resolution was agreed to.

On motion of Mr. Withers, the President of the Congress was instructed to lay before the President, as soon as he is inaugurated, the communication this day received by him from the governor of South Carolina.

Mr. Rhett made the following report:

The Committee on Foreign Affairs, to whom was referred the resolution recommending that a commission be sent to foreign nations, respectfully report that they have had the same raider consideration and respectfully report the following resolution for the adoption of Congress:

Resolved, That a commission consisting of three persons be appointed forthwith by the Congress in secret session to proceed without delay to Great Britain, France, and other European powers, and to act under such instructions as may be given from time to time by the Congress, or, after his inauguration, by the President.

The resolution was taken up and read the first and second times;

When,

Mr. Perkins moved to amend the same by striking out the words “forthwith by the Congress in secret session” and inserting in lieu thereof the following words, to wit: “as soon as practicable after his arrival by the President,” and also by striking out the words “by the Congress, or, after his inauguration, by the President,” and inserting in lieu thereof the words “by him;” which motion prevailed.

Mr. Withers moved to amend by striking out all after the word “resolved” and inserting in lieu thereof the following, to wit:

That it is the sense of Congress that representatives of this Confederacy should proceed, as soon as possible after the inauguration of the President, to the Courts of England and France and other European powers, to represent the interests thereof.

Mr. Boyce moved to amend the amendment by adding after the words “should proceed” the words “in secret mission.”

On motion of Mr. Memminger, the amendment and the amendment to the amendment were laid on the table.

Mr. Withers moved to lay the resolution reported by the committee as amended on the table.

The motion was lost.

The resolution was read the third time and agreed to.

Mr. Bartow offered the following resolution:

Resolved, That the Committee on Military Affairs be instructed to report a bill for the organization of an army, and also to inquire what military establishments have been made by the several States of this Confederacy, and what officers of the Army 0050 50 of the United States have been received into their service, and what rank has been conferred on them, and what rank they held at the date of their resignations; which resolution was read three several times and agreed to.

Mr. Stephens offered the following resolution:

Resolved, That each of the standing committees of this body be authorized and instructed to take into consideration and report upon all such matters as legitimately belong to the objects for which they were appointed; which was adopted.

Mr. Owens, chairman of the Committee on Accounts, made the following report:

The Committee on Accounts, to whom was referred the application of the Secretary of Congress asking the aid of an additional clerk to assist in the duties of his office, beg leave to report the following resolution:

Resolved, That the Secretary be allowed to employ temporarily, on the terms proposed, the services of some competent person to aid him in the discharge of the duties of his office; which resolution was read and adopted.

Whereupon Alex. B. Clitherall, of Pickens County, Ala., was appointed under said resolution and entered upon the discharge of the duties of his office.

Mr. Shorter made the following report:

The committee who were directed to inquire and report upon what terms suitable buildings in the city of Montgomery can be secured for the several executive departments of this Confederacy under the Provisional Government have instructed me to report—

That the citizens of Montgomery, through a committee appointed by them, have tendered the use and occupation of twenty convenient rooms in a large and commodious building in the city free of charge, which accommodations they supposed to be sufficient for the present purposes of the Government; but your committee did not feel authorized to accept the proposition so liberally tendered, and, proceeding with their instructions, after a careful examination of the city, ascertained that a large and commodious fireproof building on Commerce street, a portion of which is now occupied by the Montgomery Insurance Company, can be procured for the use of the Government.

This building also contains two secure and fireproof vaults and is well located for ample supplies of water in case of fire.

The whole establishment, with its appurtenances, can be obtained at a rent of $6,000 for twelve months from this date.

The committee were further directed to make and report to the Congress an estimate of the necessary expenses for fitting and furnishing such apartments as may be selected for the use of the Government; but the committee respectfully suggest that they will be unable to present any satisfactory estimate or report upon these matters until the executive departments shall have been organized and therefore ask further time to submit their report upon this branch of their instructions.

Your committee recommend the adoption of the following resolution:

Resolved, That a committee of three be appointed by the Chair to contract with the owners and proprietors of the building referred to in the foregoing report for the rent of the same for twelve months from this date upon the terms specified in said report.

JNO. GILL SHORTER, Chairman. which resolution was taken up and, after being read three times, was agreed to.

The President appointed the same committee which reported the resolution, to wit: Mr. Shorter, Mr. Chilton, and Mr. McRae.

On motion of Mr. Brooke,

Congress adjourned till 19 o'clock to-morrow.

THURSDAY, February 14, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Mr. I. T. Tichenor.

The Journal of yesterday was read and approved.

Mr. Boyce presented to Congress two models for a flag, and laid before Congress a communication from Mrs. C. Ladd in relation to a flag; which were referred to the Select Committee on Flag and Seal.

Mr. Stephens presented to Congress a flag; which was referred to the Select Committee on Flag and Seal.

Mr. Walker presented two models for a flag; which were also referred to the appropriate committee.

On the call of the States, Mr. Clayton offered the following resolution:

Resolved, That the Judiciary Committee be authorized to have such matter printed as they may desire to lay before Congress; which, having been read three several times, was adopted.

Mr. Nisbet laid before Congress a communication from Elam Alexander on patents; which, on motion of Mr. Nisbet, was referred to the Committee on Patents.

Mr. Toombs presented to Congress a model for a flag, accompanied with a communication from Joseph M. Shellman; which were referred to the Select Committee on Flag and Seal.

On motion of Mr. Memminger,

Congress then went into secret session.

SECRET SESSION.

Congress having gone into secret session,

The Journal of yesterday was read and approved.

Mr. Shorter, chairman of the Committee on Engrossment, made the following report:

Congress, February 14, 1861.

The Committee on Engrossment has examined and found correctly engrossed and enrolled

A resolution to appoint Messrs. Shorter & Reid printers to the Congress;

A resolution in relation to the occupation of the forts, arsenals, etc.;

An act to continue in force certain laws of the United States of America; and

A resolution for the appointment of commissioners to the European powers.

SHORTER, Chairman.

Mr. Conrad offered the following resolution:

Resolved, That the Committee on Naval Affairs be authorized to procure the attendance at the seat of Government of all such persons versed in naval affairs as they may deem advisable to consult in the preparation of their report; which, after being read three times, was agreed to.

Mr. Cobb offered the following resolution:

Resolved, That the Secretary of Congress be allowed to have engrossed and arranged in proper form for publication the Provisional Constitution for the Government of the Confederate States of America, with the autograph signatures of the members of Congress, and the flag and seal of the Confederacy whenever adopted; which was agreed to.

0052 52

Mr. Rhett chairman of the Committee on Foreign Affairs, made the following report:

The Committee on Foreign Affairs, to whom was referred the resolution of the Delegate from Georgia, Mr. Nisbet, and the resolutions of the Delegate from Alabama, Mr. Chilton, touching the matter of sending commissioners to the Government of the United States of America, have had the same under consideration and beg leave to report the following resolution:

Resolved, That it is the sense of this Congress that a commission of three persons be appointed by the President-elect, as early as may be convenient after his inauguration, and sent to the Government of the United States of America for the purpose of negotiating friendly relations between that Government and the Confederate States of America, and for the settlement of all questions of disagreement between the two Governments upon just and honorable principles.

R. B. RHETT, Chairman. which, on motion of Mr. Miles, was ordered to lie over till to-morrow and be placed upon the Calendar.

Mr. Toombs offered the following resolution:

Resolved, That the President of Congress be authorized to employ a suitable agent at Washington to furnish any documents or information which may be useful to this body; which was read three times and adopted; and thereupon Mr. President appointed as such agent Philip Clayton, esq., of Washington City.

Mr. Memminger, of the Committee on Commercial Affairs, to which was referred the resolution of Mr. Harris confirming and continuing in office the officers connected with the customs, made the following report:

The Committee on Commercial Affairs, to which was referred a resolution confirming and continuing in office the officers connected with the customs, respectfully report:

That they have duly considered the same, and recommend that the resolution be adopted with a modification which the committee report by way of amendment.

The committee think the new organization of a government affords a proper occasion to reduce the expense of collecting the revenue, and in order to reach this result with as much consideration for the officers as possible, the committee think it best to refer it to the head of the treasury department to make a reduction in the expense of each custom-house of at least 25 per cent within the next six weeks, and to continue all the officers during that period.

The plan of the secretary can then take effect and appointments can be made under its provisions.

Many of the officers are required by law to give bond and to take an oath to support the Constitution. Neither the former bonds nor oaths would avail anything under the new appointment and it becomes necessary, therefore, to enact a law on the subject.

The committee respectfully recommend that the resolution referred to them be amended so as to read as follows:

“ Resolved, That until otherwise provided, the several officers connected with the collection of customs duties and imposts in the several States of this Confederacy be, and they are hereby, confirmed and continued as officers of the Government of the Confederate States of America, with their present salaries and emoluments until the first day of April next; and that the secretary of the treasury be instructed to report to Congress a plan to go into effect at the said date, whereby the expenses of collecting the revenue at each custom-house shall be diminished at least twenty-five per cent.”

The resolution was then taken up, to wit:

Resolved, That until otherwise provided, the several officers connected with the collection of customs duties and imposts in the several States of this Confederacy be, and they are hereby, confirmed and continued as officers of the Government of the Confederate States of America.

Mr. Memminger moved the adoption of the amendment reported by the committee.

0053 53

Mr. Kenner moved to amend the amendment by striking out in the last line the words “twenty-five” and inserting in lieu thereof the word “fifty.”

The motion prevailed.

The question then recurred on the motion of Mr. Memminger, and the substitute as reported by the committee and amended was agreed to.

The resolution was then read the third time and adopted.

Mr. Memminger, from the Committee on Commercial Affairs, also reported

A bill to continue in office the officers connected With the collection of customs in the Confederate States of America.

The bill having been read the first and second times,

Mr. Smith moved to amend the same by adding the following words to the first section, to wit: Provided, That the maximum of compensation which each collector shall receive from all sources shall not exceed the rate of five thousand dollars per annum.

Mr. Memminger moved to lay the amendment on the table; which motion was lost.

The amendment was then agreed to.

The bill as amended was read the third time and passed.

Mr. McRae presented a letter from Capt. R. Semmes, late of the United States Navy; and

Mr. Smith presented a communication from E. George; which were severally referred to the Committee on Naval Affairs.

Mr. Bartow, from the Committee on Military Affairs, to which was referred the resolution of Congress instructing said committee to inquire and report what action may be necessary on the part of this Government in relation to the occupation of Forts Sumter and Pickens, reported the following resolutions:

Resolved by the Confederate States of America in Congress assembled, That it is the sense of this Congress that an immediate demand should be made upon the Government of the United States for the delivery of Forts Sumter and Pickens.

(2) Resolved by the authority aforesaid, That if such demand be not forthwith complied with, the President be directed to take possession of them by force of arms, and he is hereby authorized to make all necessary military preparations for carrying these resolutions into effect.

On motion of Mr. Walker, it was ordered that the report and the resolutions lie over till to-morrow.

On motion of Mr. Withers,

Congress adjourned till 12 o'clock to-morrow.

FRIDAY, February 15, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. A. D. Pellicer.

The Journal of yesterday was read and approved.

Mr. Chilton offered the following resolution:

Resolved, That a committee of six, consisting of one Delegate from each of the States of this Confederacy, to be designated by the Delegates of said States respectively, be appointed to act in concert with the committees appointed by the public authorities of the State, and of this city, to make arrangements for the reception and inauguration of the President-elect of the Confederate States of America; 0054 54 which was read three times and adopted: and in pursuance thereof, the following committee was appointed: From Alabama, Mr. Chilton; from Florida, Mr. Anderson; from Georgia, Mr. Kenan; from Louisiana, Mr. De Clouet; from Mississippi, Mr. Barry; and from South Carolina, Mr. Rhett.

Mr. Brooke asked for leave of absence for his colleague, Mr. Campbell; which was granted.

Mr. Stephens presented to Congress a design for a seal for the Confederacy, together with a communication from a citizen of Richmond County, Ga.; which, on motion of Mr. Stephens, were referred to the Select Committee on Flag and Seal.

The Chair laid before Congress a communication from Messrs, Sands & Edwards, of New York, relative to ships suitable for the naval purposes of the Confederate States of America; which was referred to the Committee on Naval Affairs.

Mr. Memminger offered the following resolution:

Resolved, That each of the standing committees of Congress is authorized to cause to be printed any matter which it may deem requisite for the use of the committee; which was read three times and agreed to.

Mr. Shorter, from the Committee on Engrossment, made the following report:

The Committee on Engrossment and Enrollment has examined and found correctly enrolled

A resolution accepting the appropriation of $500,000 made by the general assembly of the State of Alabama; also

A resolution to authorize the Judiciary Committee to have such matter printed as they may desire to lay before the Congress.

SHORTER, Chairman.

Mr. Fearn laid before Congress a communication from John B. Read relative to rifled cannon and projectiles; which, on motion of Mr. Fearn, was referred to the Committee on Military Affairs.

Mr. Fearn announced that Mr. Gregg, one of the Delegates from the State of Texas, had arrived.

The ordinance of secession of the State of Texas from the Union and the credentials of the Delegates from the State of Texas were read; and, on motion of Mr. Fearn, were referred to a select committee of three.

The Chair appointed as that committee: Mr. Fearn, Mr. Miles, and Mr. Marshall.

On motion of Mr. Toombs, Mr. Gregg was invited to a seat on the floor of Congress while in open session.

Mr. Smith presented to Congress from a gentleman of Mobile, a design for the flag of the Confederacy; which was referred to the Select Committee on Flag and Seal.

On motion of Mr. Keitt, the hour of 1 o'clock Monday, the 18th instant, was fixed for the inauguration of the President-elect.

On motion of Mr. Rhett,

Congress went into secret session; and after remaining some time thereto, adjourned till to-morrow, 12 o'clock.

SECRET SESSION.

The Congress went into secret session on motion of Mr. Rhett.

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

0055 55

An act to continue in office the officers connected with the collection of the customs in the Confederate States of America;

A resolution to continue in office the officers of the customs; and

A resolution to appoint an agent at Washington to furnish documents to the Congress.

On motion of Mr. Crawford, the injunction of secrecy was removed from the bill and resolution relating to the customs; and

On motion of Mr. Memminger, the Secretary was directed to have the same printed and forwarded to the several customs officers.

The Congress then resumed the consideration of the resolution reported by Mr. Rhett, from the Committee on Foreign Affairs.

Mr. Hill moved to amend the resolution by striking out the words “just and honorable principles” and inserting in lieu thereof the words “upon principles of right, justice, equity, and good faith.”

The amendment was adopted, and the resolution as amended was adopted, and is as follows:

Resolved, That it is the sense of this Congress that a commission of three persons be appointed by the President-elect, as early as may be convenient after his inauguration, and sent to the Government of the United States of America, for the purpose of negotiating friendly relations between that Government and the Confederate States of America; and for the settlement of all questions of disagreements between the two Governments, upon principles of right, justice, equity, and good faith.

The Congress then resumed the consideration of the resolutions reported yesterday by Mr. Bartow, from the Committee on Military Affairs, to wit:

Resolved, That it is the sense of this Congress that an immediate demand should be made upon the Government of the United States for the delivery of Forts Sumter and Pickens.

(2) Resolved, That if such demand be not forthwith complied with, the President be directed to take possession of them by force of arms, and he is hereby authorized to make all necessary military preparations for carrying these resolutions into effect.

The resolutions were read the second time.

After discussion, the committee, through Mr. Bartow, by leave of the Congress, substituted in lieu of the above resolutions the following:

Resolved, That it is the sense of this Congress that immediate steps should be taken to obtain possession of Forts Sumter and Pickens by the authority of this Government, either by negotiation, or force, as early as practicable, and the President is hereby authorized to make all necessary military preparations for carrying this resolution into effect.

The substitute was adopted, and the resolution as amended was unanimously agreed to.

Mr. Memminger moved that the injunction of secrecy be so far removed from the action of the Congress on said resolution as to authorize the delegations herein from South Carolina and Florida to communicate the same, by mail, to the governors of said States, in confidence.

The motion was lost.

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

An act for the appointment of commissioners to the Government of the United States of America; and

A resolution authorizing the Secretary of Congress to arrange for publication the Provisional Constitution for the Government of the Confederate States of America, with the autograph signatures of the members of the Congress.

0056 56

Mr. Toombs offered the following resolution; which was read three times and adopted:

Resolved, That, the secret Journals of this body shall at all times be open to the inspection of the President of the Confederate States.

At 3 o'clock p. m.,

On motion of Mr. Stephens,

The Congress adjourned until to-morrow at 12 o'clock.

SATURDAY, February 16, 1861. Link to Annals.

OPEN SESSION.

The Congress met at 12 m., pursuant to adjournment.

Prayer was offered up by Rev. Dr. Petrie.

The Journal of yesterday was read and approved.

Mr. Bartow presented a letter from Augustus H. Hansell, of Georgia; which was referred to the Committee on Patents.

Designs for flags were presented by Messrs. Bartow, Cobb, De Clouet, and Memminger, and were severally referred to the Committee on the Flag and Seal.

Mr. Hale presented a communication from John B. Read in relation to projectiles; which was referred to the Committee on Military Affairs.

Mr. Clayton, from the Committee on the Judiciary, reported a bill in relation to citizenship and to prescribe uniform rules of naturalization; which was read twice, and ordered to be placed on the Calendar of the Secret Session, and 100 copies to be printed.

Mr. Brooke, from the Committee on Patents, reported a resolution for the relief of J. M. Walden, of Georgia; which was read three times and adopted.

Mr. Conrad presented a communication from Rufus Dolbear; which was referred to the Committee, on Patents.

And then,

On motion, the Congress went into secret session.

SECRET SESSION.

The Congress being in secret session, the Journal of yesterday's secret session was read and approved.

Mr. President laid before the Congress the following communication from Governor Pickens, of South Carolina; which, on motion of Mr. Chesnut, was referred to the Committee on Military Affairs, and on motion of Mr. Withers was ordered to be spread upon the Journal, and is as follows:

Headquarters, Charleston, February 13, 1861.

To Hon. Howell Cobb, President of the Provisional Congress.

Sir: I had the honor last night to acknowledge the receipt of your telegram, in which you informed me that the Provisional Congress had taken charge of the “questions and difficulties” existing between the several States of the Confederacy and the Government of the United States. In the reply made to you by telegram I stated that I would communicate with you by letter, and added to it the expression of the urgent conviction of the authorities of this State as to the period in which the reduction of Fort Sumter should be complete.

0057 57

And in the first place, let me offer you my warm congratulations upon the success which has attended you in the organization of the Provisional Government. May it be equal to the emergency of every occasion which may arise; and be to each State in this new confederation the efficient guardian of those rights which, ignored or usurped under the former confederation, have united these States in the bonds of a new political compact.

In taking charge of the “questions and difficulties” which relate to Fort Sumter, it will be necessary for the Congress to apprehend tightly their present position.

The force of circumstances devolved upon this State an obligation to provide the measures necessary for its defense. It has been obliged to act under the guidance of its own councils, but has never forgotten the interests of its sister States in every measure which it was about to provide for its own safety. And I beg to assure you that in all which it may at any time do, a regard for the welfare and wishes of its sister States in the new confederation will exercise a marked influence upon the conduct of this State.

The “questions and difficulties” of Fort Sumter can scarcely be fully appreciated unless by those who have been familiar with its progress from the commencement of its history to the present moment. If it shall appear otherwise, it has nevertheless been the constant, anxious desire of this State to obtain the possession of a fort, which, held by the United States, affected its dignity and safety, without a collision which would involve the loss of life. To secure this end, every form of negotiation which could be adopted in consistency with the dignity of the State, or had the promise or seeming of success has been honestly attempted. To all of these attempts there has been but one result; a refusal in all cases, positive and unqualified, varied only as to the reasons which were set forth for its justification, has followed each demand. And now the conviction is present to the State, derived from the most calm and deliberate consideration of the whole matter, that in this persistent refusal of the President of the United States is involved a denial of the rightful independence of the State of South Carolina.

The “questions and difficulties,” therefore, of Fort Sumter, comprehend now, as you will perceive, considerations which are political as well as military. And it would scarcely be considered that an undue estimate was made of the former if they were said to be as important as the latter. The establishment of them, moreover, is of the utmost consequence to every State which has united with this State in the bends of a now confederation.

The State has held its right to the possession of Fort Sumter to be the direct and necessary consequence of its right as a sovereign State to have the control of a military post within its limits; which post, during the period of the political connection of the State with the other States, was held by the United States for the protection of South Carolina; because South Carolina was a part of the United States. And being so, upon the United States was devolved the obligation to provide that defense for this State. With the termination of the political connection between South Carolina and the United States, the obligation of the United States to defend that State ceased, unless that State itself was the property of the United States. If the State was an independent power, the rightful control within its limits of a military post, which involved its dignity and affected its safety, was, and is, recognized by the plainest rules of public law.

The denial, therefore, of the right of the State to have possession of the fort was in fact a denial of its independence, Nor has there been even a colorable pretext for a consistency of that possession by the United States with the independence of the State, since the President authorized the distinct avowal that it was held as a military post. The sole use of it as a military post is in the control, called by the President the protection, it gives to the United States of the harbor of Charleston. The assertion, then, as you will perceive, of the rightful independence of the State carries necessarily with it the right to reduce Fort Sumter into its own possession, held as it is by a hostile power for an unfriendly purpose. It is a hostile power when it asserts a right to exercise dominion over the State, which that State refuses to recognize as consistent with its own dignity and safety; and its purpose can not be otherwise than unfriendly, when it can only be to enable the United States to commit to its military subordinates a power to refuse “to permit any vessel to pass within range of the guns” which are within its walls.

It has, therefore, been considered at once proper and necessary for this State to take possession of that fort as soon as the measures necessary for the accomplishment of that result can be completed. And it is now expected that within a short time all the arrangements will be perfected necessary for its certain and speedy reduction. With the completion of these preparations and the assurance they afford of success, it has ever been the purpose of the authorities of this State to take this fort into the possession of the State. The right to do so has been considered the 0058 58 right of the State; and the resources of the State have been considered equal to the exercise of that right. Whatever may be the mode in which the Congress will take charge of these “questions and difficulties,” it is considered that in the solution of them you will retard the position which the State of South Carolina now occupies in relation to them. That position is marked by these propositions: That the right to have possession of the fort is a right incident to the independence the State has asserted; that to obtain possession of the fort she has exhausted all modes which consistently with her dignity can be devised for a peaceful settlement; that the failure of such attempts has remitted her to the necessity of employing force to obtain that which should have been yielded from considerations of justice and right, and that as soon as her preparations are completed, the reduction of that fort should be accomplished, in the absence of any explanation or direction connected with the telegram received from you, I have assumed that the policy and measures which have been adopted by this State, and in prosecution, will be recognized as proper.

In the consideration of the question of Fort Sumter, I have not been insensible of those matters which are in their nature consequential, and have, I trust, weighed with all the care which befits the grave responsibilities of the case, the various circumstances which determine the time when this attack should be made. With the best lights which I could procure in guiding or assisting me, I am perfectly satisfied that the welfare of the new confederation, and the necessities of this State, require that Fort Sumter should be reduced before the close of the present Administration at Washington. If an attack is delayed until after the inauguration of the incoming President of the United States, the troops now gathered in the capital may then be employed in attempting that, which, previous to that time, they could not be spared to do. They dare not leave Washington now to do that which then will be a measure too inviting to be resisted. Mr. Lincoln can not do more for this State than Mr. Buchanan has done. Mr. Lincoln will not concede what Mr. Buchanan has refused. And Mr. Buchanan has placed his refusal upon grounds which determine his reply to six States as completely as to the same demand if made by a single State. If peace can be secured, it will be by the prompt use of the occasion when the forces of the United States are withheld from our harbor. If war can be averted, it will be by making the capture of Fort Sumter a fact accomplished during the continuance of the present Administration, and leaving to the incoming Administration the question of an open declaration of war. Such a declaration, separated as it will be from any present act of hostilities during Mr. Lincoln's Administration, may become to him a matter requiring consideration. That consideration will not be expected of him, if the attack on the fort is made during his Administration, and becomes therefore, as to him, an act of present hostility. Mr. Buchanan can not resist, because he has not the power. Mr. Lincoln may not attack, because the cause of quarrel will have been, or may be considered by him, as past. Upon this line of policy have I acted, and upon the adherence to it may be found, I think, the most rational expectation of seeing that fort, which is even now a source of danger to the State, restored to the possession of the State, without those consequences which I should most deeply deplore. Should such consequences nevertheless follow from an adherence to this policy, however much I would regret the occurrence, I should feel a perfect assurance that, in happening under such circumstances, they demonstrated conclusively that under the evil passions which blind and mislead those who govern the United States, no human power could have arrested the attempted overthrow of these States. And that in the exhibition of an ability by the States of the new confederation to maintain their rights, there could be found satisfaction in the reflection that their sufferings at this time might purchase for them quiet and happiness in time to come.

I have the honor to be, with great respect, your obedient servant,

F. W. PICKENS, Governor of South Carolina.

Mr. Perkins offered the following resolution; which was referred to the Committee on Foreign Affairs:

Resolved, That the views and purposes of the Provisional Government of the Confederate States of America in regard to its future political relations with the Government of the United States of America may be distinctly understood: Therefore, be it

Resolved, That while this Congress will admit into the Confederacy States whose institutions harmonize with those of the Confederate States, it will entertain no proposition for a reconstruction of the Federal Union, and declares the dissolution of all political connection with the Government of the United States to be “complete perfect, and perpetual.”

0059 59

Mr. Toombs, from the Committee on Finance, reported the following resolution:

Resolved, That the President of Congress instruct the collectors of the several ports of this Confederacy to enforce the existing revenue laws against all foreign countries, except the State of Texas.

On motion of Mr. Toombs, the resolution was laid on the table for the present.

Mr. Toombs, from the same committee, reported

A bill to exempt from duty certain commodities therein named, and for other purposes; which was read the first and second times.

Mr. Conrad moved that the further consideration of the bill be postponed until Monday next, and that 100 copies thereof be printed; which motion was lost.

Mr. Chesnut moved to amend the bill by additional section as follows:

Sec. 3. And be it further enacted, That the State of Texas be, and is hereby, exempted from the operation of the tariff laws heretofore passed or adopted by this Congress.

Mr. Brooke, at 2 o'clock p. m., moved that Congress now adjourn until Monday at 12 m.; which motion was lost.

The question recurred on the adoption of the amendment offered by Mr. Chesnut; which was adopted.

Mr. Conrad moved to amend the bill by additional section as follows:

Sec. 4. Be it further enacted, That in continuing in force the laws of the United States in force declaring duties on imports it was not the intention of Congress to apply those laws to importations into the Confederacy of goods, wares, or merchandise the product or manufacture of the United States.

The amendment was lost on a vote by States, the vote being unanimous in the negative.

Mr. Sparrow moved to amend the bill by additional section, viz:

Sec. 4. Be it further enacted, That it was not the policy of Congress in adopting the tariff and revenue laws of the United States that they should apply to articles produced in the States lying upon the Mississippi River, and introduced therefrom directly into this Confederacy.

Mr. Kenner moved that the further consideration of the bill and amendment be postponed until Monday next; which motion was lost.

The question recurred on the amendment offered by Mr. Sparrow, and on a vote by States the same was lost.

Yea: Louisiana, 1.

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

Mr. Curry moved to amend the bill by additional section, as follows:

Sec. 4. Be it further enacted, That all railroad iron now entered in any port of the Confederate States upon which the duty has not been paid, or which may be entered within the next six months, shall be admitted free of duty: Provided, That the owner or consignee of such iron shall make oath that such iron is to be exclusively used within twelve months from the passage of this act in the construction or repair of roads within the Confederate States.

Said amendment was lost on a vote by States, to wit:

Yea: Alabama and Florida, 2.

Nay: Georgia, Louisiana, Mississippi, and South Carolina, 4.

Mr. Sparrow moved to amend the first section of the bill by inserting in the free list the words “bagging and rope made from hemp, and all agricultural products.”

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Said amendment was lost on a vote by States, to wit:

Yea: Louisiana. 1.

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

And then the bill was read the third time and passed.

The resolution reported by Mr. Toombs, as above, was taken from the table, read the third time, and adopted, as follows:

Resolved, That the President of Congress instruct the collectors of the several ports of this Confederacy to enforce the existing revenue laws against all foreign countries, except the State of Texas.

Mr. Memminger, from the Committee on Commercial Affairs, reported

A bill to declare and establish the free navigation of the Mississippi River; which was read twice, placed on the Calendar, and 100 copies ordered to be printed.

Mr. Memminger, from the same committee, made the following report:

The Committee on Commercial Affairs, to which was referred a resolution of inquiry as to the expediency of repealing the navigation laws of the Confederate States, respectfully report that they have duly considered the same, and are of opinion that the said laws ought to be repealed, and that the commerce of the Confederate States should be opened as far as practicable to the competition of the world. The committee, in furtherance of these views, respectfully report herewith

A bill to repeal the navigation laws, and all discriminating duties on ships or vessels.

Said bill was read twice, placed on the Calendar, and 100 copies thereof ordered to be printed.

Mr. Fearn, from the select committee to which was referred the credentials of the Delegates from Texas, reported:

That in the opinion of the committee, it is desirable and proper that said Delegates should be immediately invited to seats upon the floor of this Congress, both in secret and open sessions, and be requested to participate in its debates and deliberations; that they have free access to the Journals of the secret sessions already held, and the right to attend the meetings of all standing committees; that, as the ordinance of secession of Texas does not take effect until the 2d day of March, the Delegates from said State neither claim nor desire to exercise the right to vote prior to that time.

Mr. Fearn, on the part of said committee, reported the following resolution; which was read three times and adopted:

Resolved, That the Delegates to this Congress from the State of Texas be invested with all the privileges of membership herein, except the right to vote.

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

A resolution to provide for the printing for the committees of the Congress;

A resolution for the preservation of the records of the Congress;

A resolution in relation to the occupation of Forts Sumter and Pickens;

A resolution giving certain powers to the Committee on Naval Affairs; and

A resolution in regard to the State of North Carolina and the commissioners from said State to this Congress.

Mr. Cobb, from the Committee on Printing, reported the following resolutions; which were adopted:

Resolved, That the printers selected by Congress, Messrs. Shorter and Reid, and the foreman in their printing office, and all journeymen, apprentices, or laborers employed by them in executing the printing ordered in secret session be required to appear before the President of the Congress and be sworn to keep secret all such 0061 61 matters connected with the secret proceedings of Congress as shall necessarily pass through their hands.

Resolved, That the said public printers be instructed and required to provide a separate and distinct apartment, or room, in which to have executed such printing for Congress as shall require secrecy on the part of the printers, from which shall be excluded all persons save such as shall be obligated to secrecy while secret matter is being printed.

Mr. Sparrow presented a communication from George C. Morse, of Louisiana, relating to the establishment of an armory; which was referred to the Committee on Military Affairs.

Mr. Memminger offered the following resolution; which was adopted:

Resolved, That the Committee on Military Affairs be instructed to inquire and report as to the expediency of taking immediate measures for establishing a manufactory of powder and an armory, and that if deemed expedient they report a plan to Congress.

Mr. Chilton, from the Committee on Postal Affairs, made the following report:

The Committee on Postal Affairs, having considered of the duties assigned them, have instructed me to submit the following report, and the bill accompanying the same:

The committee have mainly directed their inquiries to the question whether, without material inconvenience to the public, the post-office department of this Confederacy can be made self-sustaining.

The committee find, from the latest and most reliable means of information of which they have been able to avail themselves, that the excess of expenditure over the receipts of this department in the six States composing this Confederacy for the fiscal year ending 30th June, 1859, was $1,660,595.83. They have not been able to obtain the report of such receipts and expenditures for the last fiscal year, but they presume the above furnishes an approximation sufficiently accurate for the predicate of our present action.

To provide for this deficit, your committee would suggest that the rates of postage may be increased as proposed by the accompanying bill. By this they estimate an increase of receipts approximating $578,874.83.

They believe that a saving can be effected by a change in the mode of letting out mail contracts, adopting what is usually called “the star bid system,” providing all due safeguards for the celerity, certainty, and security of the mails, but without other restrictions as to the mode of transportation. In this way your committee are satisfied that the expense of mail transportation may be reduced, say, 33⅓ per cent upon the present cost—say, $619,033.

They are further of opinion that there should be a discontinuance of numerous routes the cost of which is greatly disproportioned to their convenience and the receipts of the post-offices supplied by them. In this way they believe a saving of one-tenth of the present cost of transportation may be attained—say, $206,344.

The service upon many of the routes may, without material detriment, be changed, daily routes reduced to triweekly, etc., at an estimated reduction of, say, $206,344.

They would also recommend the abolishing of a number of minor post-offices, which occasion considerable expense without corresponding profit or convenience. In this way a saving to the department might be readily secured to the amount of, say, $50,000.

These sums added, say, by increased receipts by reason of postage rates $578,874.83

By saving as above indicated total 1,081,721.00

Total 1,660,595.83

Present excess of expenditures over receipts 1,660,595.83

Your committee are of opinion that steps should be immediately taken to procure postage stamps of the denomination of two, five, and twenty cents; that these stamps will be sufficient to meet the wants of the department for the present.

They would further suggest that immediate steps should be taken for procuring a supply of locks and keys for the mail service, and for post-office blanks, such as are now in use.

They would further recommend that all the mail contracts within this Confederacy be relet at as early a day as practicable, and until they are relet, the existing contracts remain of force, this Government becoming responsible to such contractors from the 8th day of February, 1861.

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Your committee are unable to suggest any plan until further arrangements shall have been made for the transmission of mail matter to and from other governments. They believe, however, that until postal treaties can be made, expedients arising from the necessities of the public will readily suggest themselves which will, in a great measure, remedy the inconvenience. The widespread ramifications of the express companies Would furnish valuable auxiliaries for communication beyond the Confederacy, the mail matter bearing the stumps of each Government through which it may pass by said express.

All which is respectfully submitted.

W. P. CHILTON, Chairman.

Mr. Chilton, from the Committee on Postal Affairs, reported the following bill; which was read twice, placed on the Calendar, and 100 copies thereof ordered to be printed, viz:

A bill to prescribe the rates of postage in the Confederate States of America, and for other purposes.

Mr. Chilton made the following report:

The committee appointed to arrange for the inauguration of the President-elect for the Confederate States of America, beg leave to report that they have performed that duty, and, in connection with the other committees, have agreed upon the following programme:

1. Music.

2. Military escort.

3. The President-elect with Vice and Chaplain in open carriage drawn by six horses.

4. Congressional Committee on Ceremonies of Inauguration.

5. Committee on part of the State of Alabama.

6. Committee on part of the authorities of the city of Montgomery.

7. Commissioners to this Government from States other than the States of this Confederacy.

8. Governors of the several Confederate States.

9. Judges of the supreme courts of the several States of the Confederacy.

10. Ministers of the gospel.

The above in carriages.

11. Citizens generally, in carriages.

12. Citizens generally, on foot.

The whole under the command of Gen. H. P. Watson, marshal of the day, with such assistants as he may appoint.

The committee would recommend the passage of the following resolution:

Resolved, That upon the arrival of the President-elect at the Capitol he and the Vice-President and Chaplain shall be introduced into this body by the Congressional committee, and President-elect and Vice-President shall be seated on the stand with the President of this body, and this body, upon motion, at one o'clock p. m., shall proceed to the stand prepared for them in front of the Capitol, the President-elect supported on the right and left by the Vice-President and the President of this body to the stand, when the President of this body shall call the Congress to order and announce that the Congress has assembled to inaugurate and install the President of the Confederate States of America, and shall call upon the Chaplain for prayers, after which the President-elect shall deliver his inaugural address, and then take the oath of office to be administered by the President of the Congress. After which the Congress with the President, shall return to this Hall in the same order in which they left it.

The resolution was then taken up, read three times, and adopted.

And then,

On motion of Mr. Stephens,

Congress adjourned until Monday, at 12 m.

MONDAY, February 18, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Mr. Shepherd.

The Journal of yesterday [Saturday] was read and approved.

0063 63

Mr. Shorter, from the Committee on Engrossment, made the following report:

The Committee on Engrossment and Enrolled Bills have instructed me to report that they have carefully examined the enrolled copy of “The Constitution for the Provisional Government of the Confederate States of America,” and that the same has been correctly and handsomely enrolled on parchment in accordance with the resolution of the Congress, and is now herewith presented complete and ready for the attestation and signatures of the deputies from the several States represented in the Congress at the date of its adoption.

SHORTER, Chairman.

On motion of Mr. Shorter, the President and the different members of Congress affixed their signatures to the Constitution of the Provisional Government as enrolled, the same being signed first by the President and then by the deputies from the several States in the order in which they appear in the preamble of the Constitution, to wit: South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana.

Mr. Brooke, from the Committee on Patents, reported

A bill to establish a patent office and to provide for the granting and issuance of patents for new and useful inventions and improvements; which was read twice, ordered to be placed on the Calendar of the Secret Session, and to be printed.

On motion of Mr. Perkins,

Congress went into secret session.

SECRET SESSION.

The Congress being in secret session,

Mr. Perkins moved to reconsider the vote by which, on Saturday last, the Congress passed the bill to exempt from duty certain commodities therein named, and for other purposes.

The motion prevailed, and the vote by which the bill was ordered to a third reading was reconsidered.

On motion of Mr. Perkins, and by the unanimous consent of the Congress, the first section of the bill was amended by adding thereto the words “also all agricultural products, in their natural state.”

The bill was then read the third time and passed.

At 1 o'clock p. m. the President-elect of the Confederate States of America, escorted by the Vice-President and the Committee of Arrangements, appeared within the Hall of Congress, and was escorted to the chair, supported on his right by the Vice-President and on his left by the President of the Congress.

On motion of Mr. Chilton, the Congress then repaired, in company with the President-elect, to the front of the Capitol for the purpose of inaugurating the President.

The President of the Congress presented the President-elect to the Congress.

The Rev. Dr. Basil Manly, as chaplain of the day, offered prayer.

The President-elect then delivered his inaugural address; after which the oath of office was administered to him by the President of the Congress.

On motion of Mr. Chilton, the Congress returned to its Hall, accompanied by the President of the Confederate States.

On motion of Mr. Chilton, it was ordered that the inaugural address of the President be spread upon the Journal of this body, and that 5,000 copies thereof be printed for the use of the Congress.

And then,

The Congress adjourned.

TUESDAY, February 19, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. Mr. H. Cobbs.

The Journal of yesterday was read and approved.

Mr. Shorter announced to Congress the arrival of Mr. Thomas N. Waul, one of the Delegates from the State of Texas. Mr. Waul appeared and took his seat by virtue of the resolution previously adopted in relation to the deputies from Texas.

Mr. Shorter, from the Committee on Engrossment, made the following report:

The Committee on Engrossment beg leave to report that they have examined and found correctly engrossed and enrolled

A resolution for the relief of J. M. Walden, a citizen of Georgia;

A resolution giving certain powers to the Committee on Naval Affairs;

A resolution for the preservation of the records of Congress;

A resolution for the enforcement of the revenue laws; and

An act to exempt from duty certain commodities therein named, and for other purposes.

Mr. Chilton laid before Congress a communication; which was referred, without reading, to the Committee on Permanent Constitution.

Mr. Brooke, from the Committee to Organize the Executive Departments, reported

A bill to organize the department of state; which was read two times, ordered to be placed on the Calendar of the Secret Session, and to be printed.

The inaugural address of the President was received, spread upon the Journal, and is as follows:

Gentlemen of the Congress of the Confederate States of America, Friends, and Fellow Citizens:

Called to the difficult and responsible station of Chief Executive of the Provisional Government which yen have instituted, I approach the discharge of the duties assigned to me with an humble distrust of my abilities, but with a sustaining confidence in the wisdom of those who are to guide and to aid me in the administration of public affairs and an abiding faith in the virtue and patriotism of the people.

Looking forward to the speedy establishment of a permanent government to take the place of this, and which by its greater moral and physical power will be better able to combat with the many difficulties which arise from the conflicting interests of separate nations, I enter upon the duties of the office to which I have been chosen with the hope that the beginning of our career as a Confederacy may not be obstructed by hostile opposition to our enjoyment of the separate existence and independence which we have asserted, and, with the blessing of Providence, intend to maintain. Our present condition, achieved in a manner unprecedented in the history of nations, illustrates the American idea, that governments rest upon the consenter the governed, and that it is the right of the people to alter or abolish governments whenever they become destructive of the ends for which they were established.

The declared purpose of the compact of Union from which we have withdrawn was “to establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity;” and when, in the judgment of the sovereign States now composing this Confederacy, it had been perverted from the purposes for which it was ordained, and had ceased to answer the ends for which it was established, a peaceful appeal to the ballot-box declared that so far as they were concerned the Government created by that compact should cease to exist. In this they merely asserted a right which the Declaration of Independence of 1776 had defined to be inalienable; of the time and occasion for its exercise they, as sovereigns, were the final judges, 0065 65 each for itself. The impartial and enlightened verdict of mankind will vindicate the rectitude of our conduct, and He who knows the hearts of men will judge of the sincerity with which we labored to preserve the Government of our fathers in its spirit. The right solemnly proclaimed at the birth of the States, and which has been affirmed and reaffirmed in the bills of rights of States subsequently admitted into the Union of 1789, undeniably recognize in the people the power to resume the authority delegated for the purposes of government. Thus the sovereign States here represented proceeded to form this Confederacy, and it is by abuse of language that their act has been denominated a revolution. They formed a new alliance, but within each State its government has remained, the rights of person and property have not been disturbed. The agent through whom they communicated with foreign nations is changed, but this does not necessarily interrupt their international relations.

Sustained by the consciousness that the transition from the former Union to the present Confederacy has not proceeded from a disregard on our part of just obligations, or any failure to perform every constitutional duty, moved by no interest or passion to invade the rights of others, anxious to cultivate peace and commerce with all nations, if we may not hope to avoid war, we may at least expect that posterity will acquit us of having needlessly engaged in it. Doubly justified by the absence of wrong on our part, and by wanton aggression on the part of others, there can be no cause to doubt that the courage and patriotism of the people of the Confederate States will be found equal teeny measures of defense which honor and security may require.

An agricultural people, whose chief interest is the export of a commodity required in every manufacturing country, our true policy is peace, and the freest trade which our necessities will permit. It is alike our interest, and that of all those to whom we would sell and from whom we would buy, that there should be the fewest practicable restrictions upon the interchange of commodities. There can be but. little rivalry between ours and any manufacturing or navigating community, such as the Northeastern States of the American Union. It must follow, therefore, that a mutual interest would invite good will and kind offices. If, however, passion or the lust of dominion should cloud the judgment or inflame the ambition of those States, we must prepare to meet the emergency and to maintain, by the final arbitrament of the sword, the position which we have assumed among the nations of the earth. We have entered upon the career of independence, and it must be inflexibly pursued. Through many years of controversy with our late associates, the Northern States, we have vainly endeavored to secure tranquillity, and to obtain respect for the rights to which we were entitled. As a necessity, not a choice, we have resorted to the remedy of separation; and henceforth our energies must be directed to the conduct of our own affairs, and the perpetuity of the Confederacy which we have formed. If a just perception of mutual interest shall permit us peaceably to pursue our separate political career, my most earnest desire will have been fulfilled. But, if this be denied to us, and the integrity of our territory and jurisdiction be assailed, it will but remain for us, with firm resolve, to appeal to arms and invoke the blessings of Providence on a just cause.

As a consequence of our new condition and with a view to meet anticipated wants, it will be necessary to provide for the speedy and efficient organization of branches of the executive department, having special charge of foreign intercourse, finance, military affairs, and the postal service.

For purposes of defense, the Confederate States may, under ordinary circumstances, rely mainly upon their militia, but it is deemed advisable, in the present condition of affairs, that there should be a well-instructed and disciplined army, more numerous than would usually be required on a peace establishment. I also suggest that for the protection of our harbors and commerce on the high seas a navy adapted to those objects will be required. These necessities have doubtless engaged the attention of Congress.

With a Constitution differing only from that of our fathers in so far as it is explanatory of their well-known intent, freed from the sectional conflicts which have interfered with the pursuit of the general welfare, it is not unreasonable to expect that States from which we have recently parted may seek to unite their fortunes with ours under the Government which we have instituted. For this your Constitution makes adequate provision; but beyond this, if I mistake not the judgment and will of the people, a reunion with the States from which we have separated is neither practicable nordesirable. To increase the power, develop the resources, and promote the happiness of a confederacy, it is requisite that there should be so much of homogeneity that the welfare of every portion shall be the aim of the whole. Where this does not exist, antagonisms are engendered which must and should result in separation.

0066 66

Actuated solely by the desire to preserve on r own rights and promote our own welfare, the separation of the Confederate States has been marked by no aggression upon others and followed by no domestic convulsion. Our industrial pursuits have received no check. The cultivation of our fields has progressed as heretofore, and even should we be involved in war there would be no considerable diminution in the production of the staples which have constituted our exports and in which the commercial world has an interest scarcely less than our own. This common interest of the producer and consumer can only be interrupted by an exterior force which should obstruct its transmission to foreign markets—a course of conduct which would be as unjust toward us as it would be detrimental to manufacturing and commercial interests abroad. Should reason guide the action of the Government from which we have separated, a policy so detrimental to the civilized world, the Northern States included, could not be dictated by even the strongest desire to inflict injury upon us; but otherwise a terrible responsibility will rest upon it, and the suffering of millions will bear testimony to the folly and wickedness of our aggressors. In the meantime there will remain to us, besides the ordinary means before suggested, the well-known resources for retaliation upon the commerce of an enemy.

Experience in public stations, of subordinate grade to this which your kindness has conferred, has taught me that care and toil and disappointment are the price of official elevation. You will see many errors to forgive, many deficiencies to tolerate, but you shall not find in me either a want of zeal or fidelity to the cause that is to me highest in hope and of most enduring affection. Your generosity has bestowed upon me an undeserved distinction, one which I neither sought nor desired. Upon the continuance of that sentiment and upon your wisdom and patriotism I rely to direct and support me in the performance of the duty required at my hands.

We have changed the constituent parts, but not the system of our Government. The Constitution formed by our fathers is that of these Confederate States, in their exposition of it, and in the judicial construction it has received, we have a light which reveals its true meaning.

Thus instructed as to the just interpretation of the instrument, and ever remembering that all offices are but trusts held for the people, and that delegated powers are to be strictly construed, I will hope, by due diligence in the performance of my duties, though I may disappoint your expectations yet to retain when retiring, something of the good will and confidence winch welcome my entrance into office.

It is joyous, in the midst of perilous times, to look around upon a people united in heart, where one purpose of high resolve animates and actuates the whole—where the sacrifices to be made are not weighed in the balance against honor and right and liberty and equality. Obstacles may retard, they can not long prevent the progress of a movement sanctified by its justice, and sustained by a virtuous people. Reverently let us invoke the God of our fathers to guide and protect us in our efforts to perpetuate the principles which, by His blessing, they were able to vindicate, establish and transmit to their posterity, and with a continuance of His favor, ever gratefully acknowledged, we may hopefully look forward to success, to peace, and to prosperity.

On motion of Mr. Nisbet,

Congress went into secret session; and after spending some time therein, adjourned till 12 o'clock to-morrow.

SECRET SESSION.

The Congress being in secret session,

The following bills were reported from the Committee to Organize the Executive Departments:

By Mr. Stephens: To organize and establish an executive department to be known as the department of justice.

By Mr. Shorter: To organize the treasury department.

By Mr. Conrad: To establish the war department.

By Mr. Boyce: To establish the post-office department.

Said bills were severally read the first and second times, placed on the Calendar of the Secret Session, and ordered to be printed.

Mr. Brooke introduced

A bill supplemental to “An act to exempt from duty certain commodities therein, named, and for other purposes;” 0067 67 which was read the first and second times, placed on the Calendar of the Secret Session, and ordered to be printed.

The bill to organize the department of state, reported by Mr. Brooke, from the Committee to Organize the Executive Departments, on this day in open session, was placed on the Calendar of the Secret Session and ordered to be printed.

The Congress then resumed the consideration of the bill in relation to citizenship and to prescribe uniform rules of naturalization.

And, after some discussion had thereon,

On motion of Mr. Stephens, the further consideration of the bill was postponed for the present, retaining its place on the Calendar.

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

A bill to provide munitions of war, and for other purposes; which was read three times and passed.

Congress resumed the consideration of the bill to declare and establish the free navigation of the Mississippi River.

Mr. Cobb moved to amend the first clause of the first section by striking out the words “or of the President;” which motion was lost.

On motion of Mr. Conrad, the first clause of the first section was amended by striking out the words “by authority of Congress” and inserting in lieu thereof the words “by law.”

The second section having been read, as follows:

2. All ships, boats, or vessels which may enter the waters of the said river: within the limits of this Confederacy, from any port or place beyond the said limits, may freely pass with her cargo to any other port or place beyond the limits of this Confederacy without any duty or hindrance, except light money, pilotage, and other like charges: Provided, That whenever such ship, boat, or vessel shall have on board any manufactured goods, wares, or merchandise, consigned to any port or place beyond the limits on the Confederate States, and the said ship, boat, or vessel shall reach a port of entry within this Confederacy, the master, agent, or consignee of such ship, boat, or vessel shall deliver to the collector of such port a manifest of his cargo, and shall give bond with sufficient sureties, to be approved by the collector, that none of the said manufactured goods, wares, or merchandise on board the said ship, boat, or vessel shall be sold, delivered, or disposed of in any of the Confederate States; and in case any of the said goods, wares, or merchandise shall be landed or delivered, the said bond shall be forfeited, and the said goods, wares, and merchandise shall be liable to be seized and condemned as forfeited to the use, of the Confederate States.

On motion of Mr. Memminger, the same was amended by adding after the words “goods, wares, or merchandise,” where they first occur, the words “subject to the payment of duties by the laws of the Confederate States,” and by striking out the word “a” in the words “shall reach a port of entry within this Confederacy” and inserting in lieu thereof the words “the first,” and by inserting after “and shall give bond” the words “in a sum equal to the amount of the duties upon the said merchandise,” and by adding after the words “approved by the collector” the words “with condition,” and by striking out in the same the words “sold, delivered, or disposed of” and inserting in lieu thereof the word “landed.”

And was also amended, on the motion of Mr. Memminger, by inserting after the words “of the Confederate States” the words “unless the entry thereof shall be first made and the duties thereon be paid or secured according to law.”

Mr. Memminger moved further to amend said section by inserting after the words “and shall give bond” the words “in New Orleans.”

And pending the discussion thereon.

The Congress adjourned until 12 o'clock to-morrow.

WEDNESDAY, February 20, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. Mr. Heard.

Mr. Wright laid before Congress a communication from Mark A. Cooper relative to the manufacture of arms; which was read and referred to the Committee on Military Affairs.

Mr. Stephens, from the Committee to Organize the Executive Departments, reported

A bill to be entitled “An act to authorize the President to appoint a private secretary;” which was read three times and passed.

On motion of Mr. Stephens,

Congress went into secret session; and after remaining some time therein, adjourned till 12 o'clock to-morrow.

SECRET SESSION.

The Congress went into secret session.

The unfinished business of yesterday was resumed; which was the consideration of the bill

To declare and establish the free navigation of the Mississippi River.

Several amendments having been offered, on motion of Mr. Memminger the bill, together with the amendments, was recommitted to the Committee on Commercial Affairs and ordered to be printed.

On motion of Mr. Stephens, the regular order of the day was postponed and Congress resumed consideration of the bills organizing the executive departments of the Government.

The first bill in order was the bill to be entitled “An act to organize the department of state.”

Mr. Conrad moved to amend the same by striking out in the fourth section the words “a copy of a,” where their occur in these words, viz: “And for authenticating a copy of a record or paper, under the seal of office, one dollar,” and inserting in lieu thereof the Word “any.”

The motion was lost.

The bill was ordered to be engrossed for a third reading; which having been done, was read a third time and passed.

The Congress then resumed consideration of the bill to organize and establish an executive department to be known as the department of justice.

On motion of Mr. Stephens, the enacting clause was ordered to be as follows for this bill and all others to be passed by the Congress, viz: “The Congress of the Confederate States of America do enact.”

The bill was then ordered to be engrossed for a third reading; which being done, was read a third time and passed.

The Congress then resumed the consideration of the bill to establish the treasury department.

On motion of Mr. Shorter, the first section declaring the following words, “That there shall be a department of treasury,” was amended so as to read as follows: “That there shall be an executive department known as the department of treasury.”

On motion of Mr. Shorter, the bill was further amended by filling 0069 69 up the blank in the tenth section, requiring the treasurer to give fond, to be approved by the secretary of the treasury and comptroller, with the words “one hundred and fifty thousand dollars.”

The bill was then engrossed, read a third time, and passed.

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

A bill to authorize the President to appoint a private secretary.

Congress then took up and considered

A bill to be entitled “An act to establish the war department.”

Mr. Howell Cobb moved to strike out from the second section thereof, where they first occur, the words “and navy;” also to strike from the same section the words “and naval forces;” which was agreed to.

On motion of Mr. Conrad, the word “land” in the second section was stricken out and the word “army” inserted in lieu thereof.

The bill as amended was read the third time and passed.

The second section of the bill as amended and passed is as follows:

Sec. 2. Be it further enacted, That said secretary shall, under the direction and control of the President, have charge of all matters and things connected with the Army, and with the Indian tribes within the limits of the Confederacy, and shall perform such duties appertaining to the Army, and to said Indian tribes, as may from time to time be assigned to him by the President.

Congress then took up for consideration

A bill to establish the post-office department.

On motion of Mr. Perkins, the same was amended so as to read as follows:

The Congress of the Confederate States of America do enact, That there shall be an executive department, to be denominated the post-office department, and there shall be a principal officer therein, to be called the postmaster-general, who shall perform such duties in relation to post-offices and post-roads as shall be enjoined on him by the President of the Confederate States, agreeably to the Constitution and the laws of the land, who shall be paid an annual salary to be fixed by law, and have power to appoint a chief clerk and such inferior clerks as may be found necessary, who shall receive such compensation as may be fixed by law.

On motion of Mr. Withers, the word “roads” was stricken out and the word “routes” inserted in lieu thereof.

The bill as amended was read the third time and passed.

The following was received from the President, viz:

Mr. President: The President has approved and signed the following acts which passed the Congress:

An act to provide munitions of war, and for other purposes; and

An act to authorize the President to appoint a private secretary.

The President has appointed Robert Josselyn, of Mississippi, his Private Secretary.

ALEX. B. CLITHERALL, Private Secretary pro tempore.

On motion of Mr. Barnwell, the regular order of the day was postponed for the time; when he reported

A bill to determine the salaries of the Vice-President and of the heads of departments; which was read the first and second times, engrossed, and read a third time, and passed.

Congress then took up for consideration

A bill to repeal the navigation laws and all discriminating duties on ships or vessels.

Mr. Memminger moved to amend the same by striking out of the third section the words, where they first occur, “tonnage” and “of 0070 70 fifty cents per ton, together with the additional amounts,” and also to strike out the word “fifty,” where it next occurs, and inserting in lieu thereof the word “twenty.”

Pending the discussion on which motion, Mr. Bartow moved to postpone the further consideration of the bill for the present; which was adopted, and the bill retains its place on the Calendar.

The injunction of secrecy was ordered to be removed from the acts organizing the executive departments.

On motion of Mr. Bartow, it was ordered that it be left in the discretion of the President as to whether the injunction of secrecy should be removed from the whole or any portion of the bill to provide munitions of war, and for other purposes.

Mr. Harris offered the following resolution, viz:

Resolved, That the President of Congress be authorized to direct for the time being the publication of all the public laws of Congress of general nature, heretofore enacted, in one newspaper of each of the Confederate States; which was read three times and agreed to.

Mr. Chilton offered the following resolution:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of appointing at the earliest practicable period a competent officer to proceed to the State of Texas to receive and accept the services of such volunteers as may be desirous of entering the Army of this Confederacy in said State; also into the propriety of conferring rank and pay upon all officers and privates now in the service of the United States within the State of Texas who may resign and join the Army of this Confederacy, and the time when such pay shall commence.

The resolution was read three times and adopted.

Mr. Chilton also offered the following resolution:

Resolved, That the Committee on indian Affairs be directed to inquire into the expediency, and report by bill or otherwise, for opening negotiations with the Indian tribes of the West in relation to all matters concerning the mutual welfare of said tribes and of the people of these Confederate States; which was read three times and adopted.

On motion of Mr. Miles, the Committee on Flag and Seal of the Confederacy were authorized to employ a draftsman.

Mr. Conrad, from the Committee to Organize the Executive Departments, reported

A bill to establish the navy department; which was read the first and second times and engrossed, and read the third time and passed.

Mr. Brooke moved that when Congress adjourn it adjourn until 11 o'clock to-morrow.

The motion was lost.

On motion of Mr. Withers,

Congress adjourned until 12 o'clock to-morrow.

THURSDAY, February 21, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

The Journal of yesterday was read and approved.

Mr. Chilton laid before Congress two communications from William P. Barker; which, on motion of Mr. Chilton, were referred one to the Committee on Military Affairs and the other to the Committee on Patents.

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Mr. Fearn presented to Congress a paper on the subject of an armory from Samuel P. L. Marshall; which was referred to the Committee on Military Affairs.

Mr. Cobb offered the following resolution:

A resolution of inquiry as to an export duty on cotton.

Resolved, That the Committee on Finance be instructed to inquire into the expediency of laying an export duty on all raw cotton which may be exported from the Confederate States to any foreign country by any other channel than through the seaports of this Confederacy; which was read three times and adopted.

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

An act to establish the treasury department;

An act to organize the department of state;

An act to establish the navy department;

An act to establish the war department;

An act to establish the post-office department;

An act to organize and establish an executive department to be known as the department of justice; and

An act to determine the salaries of the Vice-President and of the heads of departments.

On motion of Mr. Harris,

Congress went into secret session; and after remaining some time therein, adjourned till 12 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

The Journal of yesterday was read and approved.

Congress resumed the consideration of

A bill to be entitled “An act to prescribe the rates of postage in the Confederate States of America, and for other purposes.”

Mr. Crawford moved to strike from the first section the following words, to wit: “not exceeding three hundred miles” and further to strike out the words “and for any distance exceeding three hundred miles, double that rate;” which was lost.

On motion of Mr. Waul, the word “three,” where it occurs in the first, section, was stricken out and the word “five” inserted in lieu thereof.

Mr. Crawford moved to strike out the following words, they being the last sentence of the second section, to wit: The publishers of newspapers or periodicals may send to each other, from their respective offices of publication, free of postage, one copy of each publication; which was lost, the States voting as follows:

Yea: Florida, Mississippi, and South Carolina, 3.

Nay: Alabama, Georgia, and Louisiana, 3.

On motion of Mr. Chilton, the following was adopted as the beginning of the first section, viz:

The Congress of the Confederate States of America do enact, That from and after such period as shall be announced by the proclamation of the Postmaster-General there shall be charged the following rates of postage, to wit:

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Mr. Cobb moved to amend the bill by adding the following as additional sections, to wit:

Be it further enacted, That every deputy postmaster at whose office any mail matter is delivered from any contractor, or other officer, or agent, in the postal service of the United States of America, which matter shall have upon it the postage stamps of the said United States, shall forward the said matter by due course of mail, without prepayment of postage, to this Confederacy. And all deputy postmasters in the Confederate States to whose office such mail matter shall come, shall collect on all such matter, before delivery, the postage due thereon under the rates established by this act.

And be it further enacted, That it shall be the duty of all the deputy postmasters appointed under this Confederacy to deliver any mail matter directed to offices without the territorial limits of this Confederacy and within the United States to any contractor, or other officer, or agent, in the postal service of the said United States.

Pending discussion thereon,

The following communication was received from the President:

Mr. President: The President has approved and signed on this day the following bills which passed the Congress:

A bill to establish the War Department;

A bill to establish the Navy Department;

A bill to establish the Post-Office Department;

A bill to organize and establish an Executive Department to be known as the Department of Justice;

A bill to determine the salaries of the Vice-President and of the heads of Departments;

A bill to establish the Department of State; and

A bill to organize the Treasury Department.

ROBERT JOSSELYN, Private Secretary.

February 21, 1861.

On motion of Mr. Stephens, Congress went into executive session; and after spending some time therein, resumed the consideration of business in secret session.

Mr. Hale moved to amend the amendment offered by Mr. Cobb by substituting for Mr. Cobb's amendment the following:

Be it further enacted, That the Postmaster-General of the Confederate States be, and is hereby, authorized to make all necessary arrangements for the transmission of mails between the territories of this and other governments, subject to the approval of the President, until postal treaties can be effected; which was agreed to, the vote thereon being taken by States with the following result:

Yea: Alabama, Florida, Louisiana, Mississippi, and South Carolina, 5.

Nay: Georgia, 1.

The question then recurred on the adoption of Mr. Hale's amendment as an additional section of the bill, and which was agreed to.

Mr. Conrad moved to amend by adding the following additional sections, to wit:

Be it further enacted, That until such arrangement be made that every deputy postmaster at whose office any mail matter is delivered from any contractor, or other officer, or agent, in the postal service of the United States of America, which matter shall have upon it the postage stamps of the said United States shall forward the said matter by due course of mail without the prepayment of postage, to this Confederacy. And all deputy postmasters in the Confederate States to whose office such mail matter shall come, shall collect on all such matter, before delivery, the postage due thereon raider the rates established by this act.

Be it further enacted, That it shall be the duty of all the deputy postmasters appointed under this Confederacy to deliver any mail matter directed to offices without the territorial limits of this Confederacy and within the United States to 0073 73 any contractor, or other officer, or agent, in the postal service of the said United States.

The vote being taken on the amendment by States is as follows:

Yea: Florida, Georgia, and Louisiana.

Nay: Alabama, Mississippi, and South Carolina.

Mr. Crawford for the State of Georgia moved to reconsider the vote taken by States upon the motion to strike out the last clause of the second section of the bill; which was lost, the States voting as follows:

Yea: Florida, Georgia, and South Carolina, 3.

Nay: Alabama, Louisiana, and Mississippi, 3.

The bill as amended was ordered to be engrossed for a third reading; which having been done and read a third time, was passed.

On motion of Mr. Kenner, it was ordered that when the act prescribing the rates of postage for the Confederacy shall be published that the report of the Committee on Postal Affairs relative thereto be also published with the act.

On motion of Mr. Stephens,

Congress adjourned till 12 o'clock to-morrow.

EXECUTIVE SESSION.

The Congress having gone into executive session, the following communication was received from the President, viz:

Executive Department, Montgomery, Ala., February 21, 1861.

Hon. Howell Cobb, President of the Congress.

Sir: I hereby transmit for the advice of the Congress the following nominations, to wit:

Robert Toombs, of Georgia, to be Secretary of State of the Confederate States of America.

C. G. Memminger, of South Carolina, to be Secretary of the Treasury.

Leroy Pope Walker, of Alabama, to be Secretary of War.

JEFF'N DAVIS.

The question being,

Will Congress advise and consent to the nominations made by the President as above communicated?

It was unanimously decided in the affirmative.

There being no further executive business, the Congress resumed the consideration of the business upon the Calendar.

FRIDAY, February 22, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Mr. A. D. Pellicer.

The Journal of yesterday was read and approved.

Mr. Hale laid before Congress a communication relative to a flag for the Confederate States, together with designs for a flag from H. A. Pond; which were referred to the Committee on Flag and Seal.

Mr. Wright introduced a bill to be entitled

An act to form a volunteer division in the Army of the Confederate States of America; 0074 74 which was read twice, and on motion of Mr. Wright referred to the Committee on Military Affairs.

Mr. Brooke offered the following resolution:

A resolution for the relief of William P. Barker.

Resolved, That William P. Barker, a citizen of the State of Alabama, be authorized to file in the office of the Attorney-General a specification of an invention claimed to have been made by him as an improvement in the mode of casting ordnance, and that the same shall from this date operate as a caveat to protect his said invention until an application can be made for a patent according to law; which was read three several times and adopted.

On motion of Mr. Barnwell, Mr. Memminger was excused and relieved from further service on the Committee on Commercial Affairs;

Whereupon, Mr. President appointed Mr. Miles to be a member of said committee.

On motion of Mr. Smith,

Congress went into secret session; and after spending some time therein, adjourned till 12 o'clock to-morrow.

SECRET SESSION.

The Congress being in secret session, the following proceedings were had:

Mr. Shorter offered the following resolution, viz:

Resolved, That the committee to arrange for public buildings be authorized to buy or lease a mansion for the residence of the President of the Confederate States; which was read the first and second times.

On motion of Mr. Conrad, the same was amended by striking out the words “buy or.”

Mr. Crawford moved to postpone the resolution indefinitely; which motion was lost.

Mr. Conrad moved to amend the resolution by adding the following words, viz. “ Provided, That the rent of said mansion shall not exceed five thousand dollars per annum.”

The motion was lost.

The resolution was engrossed, read the third time, and on the question of agreeing to the resolution, the vote having been taken by States is as follows:

Yea: Alabama, Florida, Georgia, and Mississippi.

Nay: Louisiana and South Carolina.

So the resolution was passed.

Mr. Barnwell, from Committee on Finance, reported

A bill to raise money for the support of the Government of the Confederate States; which was read a first and second time and ordered to be printed and placed on the Calendar.

Mr. Clayton, from the Judiciary Committee, reported

A bill in relation to the slave trade, and to punish offenses against the same; which was read the first and second times, ordered to be printed, and placed on the Calendar.

Mr. Clayton, from the same committee, also reported a bill to establish the judicial courts of the Confederate States of America; which was read the first and second times, ordered to be printed, and made the special order for Monday next.

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Mr. Conrad, from the Committee on Naval Affairs, made the following report, to wit:

The Committee on Naval Affairs beg leave respectfully to report that the committee, believing that in the present condition of our affairs, With the limited means at our command and with no navy-yard in our possession except that of Pensacola, which is commanded by the guns of Fort Pickens, any very extensive naval preparations in time to meet the dangers that threaten us are impracticable, have for the present limited their inquiry to such naval means as might serve as auxiliaries to forts and arsenals and cooperate with land forces in the defense of rivers and harbors.

The committee having no means of informing themselves on this subject, and (the Executive Departments, whose appropriate duty it would be to furnish this information, not being yet established) they summoned to their aid several gentlemen of reputation and experience lately attached to the Navy of the United States and another formerly a distinguished officer of the Corps of Engineers, and requested them to prepare a report upon the subject. This report was promptly made, and the committee herewith append it.

The committee think that the suggestions therein contained are highly important and call for immediate action, but, as the duty of carrying them into effect has now devolved upon the Executive, the committee will simply recommend that a copy of this report and of the documents accompanying the same be sent without delay to the President.

On motion of Mr. Conrad, it was ordered that the report, with accompanying documents, be immediately laid before the President.

Mr. Bartow, from the Committee on Military Affairs, reported a bill to provide for the public defense; which was read the first and second times, ordered to be printed, and placed on the Calendar.

Mr. Bartow, from the same committee, reported the following resolution, to wit:

Resolved, That the President of the Confederate States be requested to communicate, in such manner as he may deem expedient, to the governors of South Carolina and Florida the resolution of Congress concerning Forts Sumter and Pickens; which was read the first and second times, engrossed, read a third time, and agreed to.

On motion of Mr. Brooke, the bill to establish a patent office, and to provide for the granting and issuance of patents for new and useful discoveries, inventions, and improvements, was removed from the Calendar and made the special order of the day for Tuesday next.

Mr. Crawford, from the Committee on Commercial Affairs, to whom was recommitted

A bill to declare and establish the free navigation of the Mississippi River, together with amendments thereto, reported a substitute as an amendment to the same; which, being taken up and the first section having been read,

Mr. Hale moved to amend the same so as to make it read as follows:

The Congress of the Confederate States of America do enact, That the peaceful navigation of the Mississippi River is hereby declared free to the citizens of any of the States upon its borders, or upon the borders of its navigable tributaries; and all ships, boats, rafts, or vessels may navigate the same under such regulations as may be established by law and such police regulations as the States within their several jurisdictions may establish; which was agreed to.

Mr. Withers moved to amend the first section so as to make the concluding clause of the same read as follows: and all ships, boats, rafts, or vessels may navigate the same under such regulations as may be established by the States within their several jurisdictions; which was lost.

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The second section being read as follows:

Sec. 2. All ships, boats, or vessels, which may enter the waters of the said river within the limits of this Confederacy, from any port or place beyond the said limits, may freely pass with her cargo to any other port or place beyond the limits of this Confederacy without any duty or hindrance, except light money, pilotage, and other like charges. But it shall not be lawful for any such ship, boat, or vessel to sell, deliver, or in any way dispose of any part of her cargo, or land any portion thereof for the purpose of sale and delivery within the limits of this Confederacy; and, in case any portion of such cargo shall be sold or delivered, or landed for that purpose, in violation of the provisions of this act, the same shall be forfeited, and shall be seized and condemned by a proceeding in admiralty before the court having jurisdiction of the same in the district in which the same may be found; and the ship, boat, or vessel shall forfeit four times the amount of the value of the duties chargeable on the said goads, wares, or merchandise so landed, sold, or disposed of in violation of the provisions of this act, to be recovered by a proper proceeding in admiralty before the said court, in the district in which such ship, boat, or vessel may be found, one-half for the use of the collector of the district who shall institute and conduct such proceeding, and the other half for the use of the Government of the Confederate States: Provided, That if any such ship, boat, or vessel shall be stranded, or from any cause become unable to proceed on its voyage, the cargo thereof may be landed and the same may be entered at the nearest port of entry, in the same manner as goods, wares and merchandise regularly consigned to said port; and the person so entering the same shall be entitled to the benefit of drawback of duties or of warehousing said goods, wares, and merchandise, as provided by law in other cases.

Mr. Hale moved to amend the same by striking out the words where they occur, viz: shall forfeit four times the amount of the value of the duties chargeable on the said goods, wares, or merchandise so landed, sold, or disposed of in violation of the provisions of this act, to be recovered,

And to insert in lieu thereof the following words: “and her cargo shall be forfeited and may be seized and sold;” which amendment was lost.

On motion of Mr. Memminger, the same was amended by adding after the words “it shall be lawful to enter the said goods, wares, and merchandise at any port” the words or to forward them under bond or seal, according to the regulations customary in such cases, when consigned to any port or place beyond the limits of this Confederacy.

On motion of Mr. Conrad, the section was further amended by inserting after the word “port,” where it next occurs after the amendment of Mr. Memminger, the words “and on payment of the duties on said goods to obtain from the collector a license to land at any point on the river.”

The fifth section having been read,

On motion of Mr. Walker, the same was amended by inserting after the words “goods, wares, and merchandise,” where they first occur, the words “subject to the payment of duty,” and after the words “a manifest of the cargo on board,” where they first occur, the words “subject to the payment of duties.”

On motion of Mr. Harris, the said section was further amended by adding as the hast clause thereof, the following proviso: Provided, however, That until ports of entry shall be established above the city of Vicksburg, on the Mississippi River, the penalties of this act shall not extend to the delivery of goods above that port by vessels or boats descending said river.

The report of the committee as amended was then adopted in lieu of the original bill.

The bill was then engrossed as amended, read a third time, and passed.

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

An act to prescribe the rates of postage in the Confederate States of America, and for other purposes.

On motion of Mr. Sparrow,

The Congress adjourned until 12 o'clock to-morrow.

SATURDAY, February 23, 1861. Link to Annals.

OPEN SESSION.

The Congress met pursuant to adjournment.

Prayer by Right Rev. Bishop Andrew.

The Journal of yesterday was read and approved.

Mr. Anderson presented the following communication, which on his motion was ordered to be entered in full upon the Journal; which is done, viz:

Montgomery, Ala., February 23, 1861.

To the Hons. Jackson Morton, James B. Owens, and J. Patton Anderson, Deputies in Congress from the State of Florida.

Gentlemen: I have the pleasure herewith to furnish you with a copy of the joint resolutions recently adopted by the general assembly expressive of their hearty approval of the election of the Hons. Jefferson Davis and Alexander H. Stephens as President and Vice-President of the Confederate States of America.

Owing to the irregularity of the mails, I have deemed it advisable to furnish you with the same in advance of the regular certified copy which you will doubtless receive.

Very respectfully, D. P. HOLLAND.

Joint resolutions.

Resolved, That the general assembly of Florida have heard with pleasure of the selection by the convention at Montgomery, of the Hons. Jefferson Davis and Alexander H. Stephens as President and Vice-President of the Southern Confederation; and that in the selection of these two distinguished statesmen, they recognize that burial of former political differences which is so much to be desired by all true lovers of their country.

Resolved further, That this general assembly recognizes the Hon. Jefferson Davis as Chief Magistrate of the Southern Confederation, and as such, as being entitled to exercise the same powers and privileges at all points, and in all respects within the limits of the State of Florida, as the President of the late United States could have exercised while Florida was a member of that Confederation.

Adopted at Tallahassee, Fla., February 14, 1861.

Mr. Wright presented a design for a flag for the Confederate States; which was referred to the Committee on the Flag and Seal.

Mr. Cobb, from the Committee on Printing, reported

A bill in relation to public printing; which was read twice, placed on the Public Calendar, and ordered to be printed.

And then,

On motion of Mr. Hale, the Congress went into secret session.

SECRET SESSION.

Congress having resolved itself into secret session,

The first general order being

A bill to raise money for the support of the Government.

On motion of Mr. Barnwell, the same was recommitted.

0078 78

The next regular order being

A bill to be entitled “An act supplemental to an act to exempt certain commodities therein named, and for other purposes, passed February 18, 1861;”

On motion of Mr. Barnwell, the same was referred to the Committee on Finance.

Congress resumed the consideration of

A bill in relation to the slave trade, and to punish persons offending therein.

The third section thereof being reported as follows:

Sec. 3. Any person violating the first section of this act, or any provision thereof, or aiding or abetting others in the violation thereof, shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the penitentiary or common jail of the State where the conviction may be had, where by the laws of the State such penitentiary or jail may be used for that purpose, and if not, in such other place as may be provided by law, for a term not less than ten nor longer than twenty years; and shall, moreover, be fined, at the discretion of the court, not less than one thousand nor more than five thousand dollars. And if any person within the Confederate States shall knowingly sell, purchase, receive, conceal, remove, or aid and assist in concealing or removing, any negro, mulatto, coolie or person of color so illegally imported as aforesaid, such person shall be guilty of a high misdemeanor and on conviction shall be punished by a fine of not less than one thousand dollars and not exceeding five thousand dollars. For all offenses under this act each negro, mulatto, or person of color illegally imported, or knowingly sold, purchased, received, concealed, or removed as aforesaid shall be held and considered as a separate offense.

Mr. Barry moved to strike out the word “felony,” where it first occurs, and insert in lieu thereof the words “high misdemeanor.”

Mr. Bartow demanded the question; which was seconded and the amendment was lost, the States voting as follows:

Yea: Florida and South Carolina, 2.

Nay: Alabama, Louisiana, and Mississippi, 3.

Georgia being divided.

At the instance of the State of South Carolina, the yeas and nays of the entire body were called for and recorded as follows:

Alabama—Yea: Mr. McRae, 1. Nay: Messrs. Walker, Smith, Chilton, Hale, Shorter, and Fearn, 6.

Florida—Yea: Messrs. Morton, Anderson, and Owens, 3.

Georgia—Yea: Messrs. Bartow, Crawford, and Wright, 3. Nay: Messrs. Howell Cobb, T. R. R. Cobb, and Kenan, 3.

Louisiana—Yea: Mr. Marshall, 1. Nay: Messrs. De Clouet, Conrad, Kenner, and Sparrow, 4.

Mississippi—Yea: Messrs. Wilson and Barry, 2 Nay: Messrs. Harris, Brooke, Clayton, and Harrison, 4.

South Carolina—Yea: Messrs. Rhett, Barnwell, Keitt, Chesnut, Miles, Withers, and Boyce, 7.

Yea: Florida and South Carolina, 2.

Nay: Alabama, Louisiana, and Mississippi, 3.

Divided: Georgia, 1.

Mr. Barry moved further to amend the section by striking out the following words as they occur, to wit: shall be punished by imprisonment in the penitentiary or common jail of the State where the conviction may be had, where by the laws of the State such penitentiary or jail may be used for that purpose, and if not, in such other place as may be provided by law, for a term not less than ten nor longer than twenty years; and

0079 79

Also to strike out the word “moreover,” where it next occurs, and to insert after the word “dollars,” at the end of the sentence where it first occurs, the following: In the event the person or persons convicted under this section shall fail, refuse, or be unable to pay the fine imposed upon conviction, he or they shall be liable to imprisonment in the common jail of the State where the conviction may be had, where by the laws of the State such jail may be used for the purpose, and if not, in such other place as may be provided by law, for a term not less than two nor more than five years; which motion to strike out and add to was lost.

Mr. Chilton moved to strike out where they first occur the words “shall be guilty of a felony;” which was agreed to, the States voting as follows:

Yea: Alabama, Florida, Mississippi, and South Carolina, 4.

Nay: Louisiana, 1.

Georgia being divided.

On motion of Mr. Brooke, the words “if there be no penitentiary” were inserted immediately after the word “jail,” where it first occurs.

Mr. Withers moved to strike out the last sentence of said section, the same being in the following words, to wit: For all offenses under this act each negro, mulatto, or person of color illegally imported, or [knowingly] sold, purchased, received, concealed, or removed as aforesaid shall be held and considered as a separate offense.

Pending which motion, on motion of Mr. Brooke, the further consideration of the bill was postponed till Wednesday next.

During the discussion of the bill, the following message was received from the President:

Executive Department, Montgomery, Ala., February 23, 1861.

Mr. President: The President has on this day approved and signed

An act to prescribe the rates of postage in the Confederate States of America, and for other purposes.

ROBERT JOSSELYN, Private Secretary.

Mr. Waul offered the following resolution:

Resolved, That we suggest that all officers who have resigned or may resign their places in the Army and Navy of the United States on account of their attachment to the Confederate States, or either of them, to file their applications where they desire service in the Army and Navy of the Confederate States as early as convenient with the Secretaries of War and Navy, and that we recommend all such applications to the favorable consideration of the Secretaries of War and Navy and of the President; which was adopted, and on motion of Mr. Waul the injunction of secrecy thereon was removed.

On motion of Mr. Kenner, the injunction of secrecy was removed from the act to declare and establish the free navigation of the Mississippi River.

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

An act for the relief of William P. Barker; and

A resolution to provide an executive mansion.

And then,

On motion of Mr. Kenner,

Congress adjourned until Monday at 12 o'clock.

MONDAY, February 25, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Dr. Manly.

The Journal of Saturday was read and approved.

Mr. Shorter offered the following resolution:

Resolved, That the Committee on the Public Lands be instructed to inquire into the present condition of the public lands lying within the limits of the Confederate States, and also into the expediency of disclaiming by the Confederate States all title or right in the same in favor of the States respectively in which any public lands may be situated, and that the committee have leave to report by bill or otherwise, as they may deem expedient; which was adopted.

Mr. Chesnut presented to Congress a memorial from George Fox and John C. Thornton on the subject of an invention; which was referred to the Committee on Patents.

Mr. Waul laid before Congress a communication from Henry Winslow relative to the possession of the Territory of New Mexico by the Confederate States of America; which was referred to the Committee on Territories.

Mr. Waul laid before Congress two communications from O. M. Roberts relative to Indian tribes; which were referred to the Committee on Indian Affairs.

On motion of Mr. Cobb, the general order on the Calendar of the Open Session, it being a bill in relation to public printing, was postponed for the present.

Mr. Memminger presented to Congress a communication from Simpson Bobo relative to the establishment of an armory; which was referred to the Committee on Military Affairs.

On motion of Mr. Barnwell,

Congress went into secret session; and after spending some time therein, adjourned till 12 o'clock to-morrow.

SECRET SESSION.

Congress having resolved itself into secret session,

The Journal of yesterday [Saturday] was read and approved.

The special order of the day being

A bill to be entitled “An act to establish the judicial courts of the Confederate States of America.”

The consideration of the same was postponed for the time.

On motion of Mr. Bartow, the resolution suggesting to the officers who have resigned their commissions in the Army and Navy of the United States to file their applications for office under the Confederate States was reconsidered; and on motion of Mr. Bartow, the vote by which the injunction of secrecy was removed from the same resolution was also reconsidered, and the resolution was referred to the Committee on Military Affairs.

On motion of Mr. Bartow, the members of the Committee on Military Affairs were excused from attendance on Congress, for the purpose of allowing them to meet in committee.

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Mr. Barnwell, from the Committee on Finance, reported the following bill:

A bill to define more accurately the exemption of certain goods from duty; which was read three times and passed.

Mr. Barnwell, from the Committee on Finance, reported

A bill to raise money for the support of the Government and to provide for the defense of the Confederate States of America; which was ordered to be placed on the Calendar and to be printed.

Mr. Crawford, from the Committee on Commercial Affairs, reported

A bill to authorize the Secretary of the Treasury to establish additional ports and places of entry and appoint officers therefor; which bill was read the first and second times, engrossed, and read a third time, and passed.

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

An act to declare and establish the free navigation of the Mississippi River.

Mr. Sparrow offered the following resolution:

Resolved, That the Committee on Indian Affairs be instructed to inquire into the policy of providing for the appointment of agents to the different tribes of Indians occupying territory adjoining this Confederacy, and, should they consider it advisable to do so, to report a bill for that purpose; which was adopted.

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

A bill to be entitled “An act for the establishment and organization of a general staff for the Army of the Confederate States of America;” which was read a first and second time, ordered to be engrossed for a third reading, and which having been done, was read a third time, and passed; and on motion of Mr. Bartow, the injunction of secrecy thereon was removed.

Congress resumed the consideration of

A bill to repeal the navigation laws and all discriminating duties on ships or vessels,

The first section being reported as follows:

The Congress of the Confederate States of America do enact, That all laws which require the registering, enrolling, or licensing of any ship or vessel, are hereby repealed, and also all laws which forbid the employment in the coasting trade of ships or vessels not enrolled or licensed, and also all laws .which forbid the importation of goods, wares, or merchandise from one port of the Confederate States to another port of the Confederate States, or from any foreign port or place, in a vessel belonging wholly or in part to a subject, or citizen of any foreign State or power.

On motion of Mr. Memminger, the following words as they occur were stricken out, to wit: which require the registering, enrolling, or licensing of any ship or vessel are hereby repealed, and also all laws.

On motion of Mr. Memminger, the section was further amended by adding to the end of the same the words “are hereby repealed.”

The section as amended is as follows:

The Congress of the Confederate State of America do enact, That all laws which forbid the employment in the coasting trade of ships or vessels not enrolled or licensed, and also all laws which forbid the importation of goods, wares, or merchandise from one port of the Confederate States to another port of the Confederate States, or from 0082 82 any foreign port or place, in a vessel belonging wholly or in part to a subject or citizen of any foreign State or power, are hereby repealed.

The third and last section being reported as follows:

3. A tonnage duty of fifty cents per ton, together with the additional amount of fifty cents per ton for light money, shall be paid upon every ship or vessel which shall be entered at a port of the Confederate States. But the said payments shall not be required more than once in a year from any ship or vessel whose usual employment is in river navigation or in the coasting trade between any ports of the Confederate States.

On motion of Mr. Memminger, the same was stricken out.

On motion of Mr. Sparrow, the title of the bill was changed so as to read as follows:

A bill to modify the navigation laws and repeal all discriminating duties on ships or vessels.

The bill as amended was then ordered to be engrossed for a third reading; which having been done, the bill was read a third time and passed; and on motion of Mr. Memminger, the secrecy thereon was removed.

Mr. Conrad offered the following resolution:

Resolved, That in the opinion of Congress the President, in making appointments in the Army and Navy, should give the preference to officers who have resigned their commissions in the Army and Navy of the United States on account of the secession of the States represented in this body, or of any one of said States, when such officers are found suitable for the service.

Mr. Harrison moved to refer the same to the Committee on Military Affairs; which was agreed to, the States voting as follows:

Yea: Alabama, Florida, Georgia, Mississippi, and South Carolina, 5.

Nay: Louisiana, 1.

Mr. Memminger offered the following resolution:

Resolved, That the heads of Departments be admitted to the floor of Congress both in secret and open session,

And on motion of Mr. Memminger, the same was referred to the Committee on Rules.

The following message was received from the President:

Executive Department, Montgomery, Ala., February 25, 1861.

Mr. President: The President has on this day approved and signed the following acts which passed the Congress:

An act to declare and establish the free navigation of the Mississippi River;

An act for the relief of William P. Barker; also

A resolution to provide an executive mansion.

ROBT. JOSSELYN, Private Secretary.

On motion of Mr. Clayton, the regular order was postponed; and

Congress took up the unfinished business of the last session, which was the consideration of the bill in relation to the slave trade and to punish persons offending therein.

The pending question was on the motion of Mr. Withers to amend the third section thereof by striking therefrom the following words: For all offenses under this act each negro, mulatto, or person of color illegally imported, or sold, purchased, received, concealed, or removed as aforesaid shall be held and considered as a separate offense.

The motion was lost.

The sixth section having been read as follows, viz:

Sec. 6. Every negro illegally imported as aforesaid into the Confederate States shall be arrested by the marshal or his deputies, or any officer of the said States 0083 83 charged in any manner with the execution of this act, and shall be safely kept, subject to the disposition hereinafter provided. And the said officer shall immediately notify the President of the Confederacy of such arrest and confinement. The President shall, as soon as possible, communicate with the governor of the State whence the vessel in which such negroes were imported cleared, if the same be one of the United States of America, and shall offer to deliver such negroes to the said State on receiving a guaranty from such State that the said negroes shall enjoy the rights and privileges of freemen in such State or in any other State of the United States. If such proposition be rejected, or if the contingency specified above shall not have occurred, the President shall receive any propositions which may be made by any responsible persons or society, who will furnish satisfactory guaranty to the President that such negroes will be transported to Africa and there placed at liberty free of expense to this Government. And if no such proposition shall be made within a reasonable time, the President shall cause the said negroes to be sold at public outery to the highest bidder under such regulations as he may prescribe, the proceeds of which sale, after paying all the expenses incurred by the Government in the capture, detention and sale of such negroes, and in the prosecution of the offenders, and the forfeiture of the property, shall be paid, one-half to the the informer (if he be bona fide such) and the other half into the Treasury of the Confederate States.

Mr. Harrison moved to amend the same by striking out the following words, viz: And if no such proposition shall be made within a reasonable time, the President shall cause the said negroes to be sold at public outcry to the highest bidder under such regulations as he may prescribe, the proceeds of which sale, after paying all the expenses incurred by the Government in the capture, detention and sale of such negroes, and in the prosecution of the offenders, and the forfeiture of the property, shall be paid, one-half to the the informer (if he be bona fide such) and the other half into the Treasury of the Confederate States; which motion was lost.

Mr. Conrad moved to amend the same section by striking out the following words: “enjoy the rights and privileges of freemen in” and inserting in lieu thereof the following words: “be properly provided for by.”

The motion was lost.

On motion of Mr. Walker, the section was amended by inserting after the words “or in any of the United States” the following words: or that such negroes will be transported to Africa and there placed at liberty free of expense to this Government.

Mr. Wilson moved to amend the section by striking out the following words, to wit: the President shall cause the said negroes to be sold at public outcry to the highest bidder under such regulations as he may prescribe, the proceeds of which sale, after paying all the expenses incurred by the Government in the capture, detention and sale of such negroes, and in the prosecution of the offenders, and the forfeiture of the property, shall be paid, one-half to the the informer (if he be bona fide such) and the other half into the Treasury of the Confederate States,

And inserting in lieu thereof the following words, to wit: “the said negroes shall be disposed of as may be prescribed by the laws of the State in which they may be found.”

Mr. Chesnut moved to lay the bill on the table.

The motion was lost.

Mr. Cobb moved to amend the section by inserting after the words “sold at public outcry to the highest bidder” the words “in any one of the States where such sale shall not be inconsistent with the laws thereof.”

The motion prevailed.

The question then recurred on the amendment of Mr. Wilson, and the vote having been taken by States is as follows:

Yea: Mississippi.

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Nay: Alabama, Florida, Georgia, Louisiana, and South Carolina.

So the motion was lost.

The section as amended reads as follows:

Sec. 6. Every negro illegally imported as aforesaid into the Confederate States shall be arrested by the marshal or his deputies, or any officer of the said States charged in any manner with the execution of this act, and shall be safely kept, subject to the disposition hereinafter provided. And the said officer shall immediately notify the President of the Confederacy of such arrest and confinement. The President shall, as soon as possible, communicate with the governor of the State whence the vessel in which such negroes were imported cleared, if the name be one of the United States of America, and shall offer to deliver such negroes to the said State on receiving a guaranty from such State that the said negroes shall enjoy the rights and privileges of freemen in such State or in any other State of the United States, or that such negroes will be transported to Africa and there placed at liberty free of expense to the Government. If such proposition be rejected, or if the contingency specified above shall not have occurred, the President shall receive any propositions which may be made by any responsible persons or society, who will furnish satisfactory guaranty to the President that such negroes will be transported to Africa and there placed at liberty free of expense to this Government. And if no such proposition shall be made within a reasonable time, the President shall cause the said negroes to be sold at public outcry to the highest bidder in any one of the States where such sale shall not be inconsistent with the laws thereof, under such regulations as he may prescribe, the proceeds of which sale, after paying all the expenses incurred by the Government in the capture, detention and sale of such negroes, and in the prosecution of the offenders, and the forfeiture of the property, shall be paid, one-half to the the informer (if he be bona fide such) and the other half into the Treasury of the Confederate States.

The eighth section having been read, as follows:

Sec. 8. Offenses against the provisions of this act may be prosecuted, or forfeitures declared, at any time within five years from the time the same were committed or occurred, or from the time of the discovery of the same.

Mr. Barry moved to amend the same by striking out the words “or from the time of the discovery of the same.”

The motion was lost.

On motion of Mr. Shorter, the section was amended by striking out all of the same and inserting in lieu thereof the following words, to wit:

All proceedings for offenses committed against the provisions of this act, or forfeitures incurred by the same, shall be barred unless commenced within five years from the time the same were committed or occurred, or from the time of the discovery of the same.

The ninth section having been read as follows, to wit:

Sec. 9. No transfers of title to an innocent purchaser, with or without notice, for or without value, shall interfere with such forfeiture, but the same shall be declared at the instance of any informer. On such trials the informer or prosecutor shall not be required to allege or prove the name of the vessel in which the illegal importation was made, nor the name of the master, owner, or consignee, nor the person from whom the negro was purchased, but shall only be required to satisfy the jury that such negro has been illegally imported. And on all such trials the person having such negro in possession shall be compelled to produce such negro in open court for the personal inspection of the jury. On failure to comply with the order of the court for such production, judgment of forfeiture shall go as of course, unless satisfactory excuse for such failure be offered, etc. a

a So recorded in the Journal, but the original draft, on file in the War Department, after the word “offered” reads “to the court,” omitting “etc.”

Mr. Barry moved to amend the same by striking out all after words “illegally imported,” in the second sentence; which motion was lost.

Mr. Smith moved to amend the bill by adding the following additional section, viz:

Sec. 10. All other laws on the same subject be, and the same are hereby, repealed.

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The motion prevailed.

Mr. Barry moved to amend the first section of the bill by striking out the following words, to wit: “other than the slaveholding States of the United States of America.”

The vote thereon was taken by States and is as follows:

Yea: Mississippi.

Nay: Alabama, Florida, Georgia, Louisiana, and South Carolina.

So the motion was lost.

The bill was then engrossed, read a third time,

And on the question Shall the bill pass?

The vote was taken by States and is as follows, viz:

Yea: Alabama, Florida, Georgia, Louisiana, and South Carolina.

Nay: Mississippi.

So the bill was passed as amended.

On motion of Mr. Cobb, the injunction of secrecy was removed from the action of Congress in passing the same.

Mr. Brooke moved that when Congress adjourn it adjourn until to-morrow, 11 o'clock.

The motion was lost; and

On motion of Mr. Stephens,

Congress adjourned until 12 o'clock to-morrow.

EXECUTIVE SESSION.

The Congress having gone into executive session, the following communication was received from the President:

Confederate States of America, Executive Department, Montgomery Ala., February 25, 1861.

Hon. Howell Cobb, President of the Congress.

Sir: I hereby transmit for the advice of the Congress the following nominations, to wit:

Henry T. Ellett, of Mississippi, to be Postmaster-General.

Judah P. Benjamin, of Louisiana, to be Attorney-General.

S. R. Mallory, of Florida, to be Secretary of the Navy.

JEFF'N DAVIS.

The Congress then proceeded to act upon the said communication.

And the question being,

Will the Congress advise and consent to the nomination of Henry T. Ellett to be Postmaster-General?

It was unanimously decided in the affirmative.

The question Will the Congress advise and consent to the nomination of Judah P. Benjamin to be Attorney-General?

Was unanimously decided in the affirmative.

The question being,

Will the Congress advise and consent to the nomination of S. R. Mallory to be Secretary of the Navy?

On motion of Mr. Morton, the said nomination was referred to the Committee on Naval Affairs.

The following communication was also received from the President:

Executive Department, Montgomery, Ala., February 25, 1861.

Hon. Howell Cobb, President of the Congress.

Sir: I hereby transmit for the advice of the Congress the following nominations of commissioners to the Government of the United States of America, in accordance 0086 86 with the resolution of Congress providing for such commission and declaratory of the purposes thereof: A. B. Roman, of Louisiana; M. J. Crawford, of Georgia; and John Forsyth, of Alabama.

JEFF'N DAVIS.

And the question being,

Will the Congress advise and consent to the nominations made by the President as above communicated?

The same was unanimously decided in the affirmative.

There being no further executive business, Congress resumed the consideration of the business upon the Calendar.

TUESDAY, February 26, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. Mr. Mitchell.

The Journal of yesterday was read and approved.

Mr. Hale presented to Congress a communication and design for a flag; which were referred to the Committee on Flag and Seal.

Mr. Curry laid before Congress two communications relative to a flag; which were referred to the appropriate Committee on Flag.

Mr. Hill presented to Congress a design for a flag; which was also referred to the Committee on Flag and Seal.

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

An act in relation to the slave trade and to punish persons offending therein;

An act to authorize the Secretary of the Treasury to establish additional ports and places of entry and appoint officers therefor;

An act for the establishment and organization of a general staff for the Army of the Confederate States of America;

An act to modify the navigation laws and repeal all discriminating duties on ships or vessels; and

An act to define more accurately the exemption of certain goods from duty.

Congress resumed the consideration of

A bill in relation to public printing.

The bill was taken up by sections,

The sixth section being reported as follows:

Sec. 6. The Public Printers shall be entitled to receive as compensation for the publication of the laws and Journals the following prices, viz:

For each page of the laws and Journals, including presswork, paper, pressing, folding, and stitching, the sum of four dollars.

On motion of Mr. Cobb, the word “four,” where it first occurs, was stricken out and the word “six” inserted in lieu thereof.

The first clause of the seventh section being as follows:

Sec. 7. For all job printing ordered by Congress the Public Printers shall receive the following compensation and no more, viz:

First. For bills, resolutions, and reports—For composition per page (foolscap), one dollar and twenty-five cents; for presswork, folding, and stitching one hundred copies, twenty-five cents per page, and pro rata for all copies over one hundred.

Mr. Cobb moved to strike out the word “twenty,” where it first occurs, and insert in lieu thereof the word “seventy;” which was agreed to.

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The bill as amended was then ordered to be engrossed for a third reading; which having been done, and the bill read a third time, was passed.

On motion of Mr. Brooke,

Congress went into secret session; and after spending some time therein, adjourned till 12 o'clock to-morrow.

SECRET SESSION.

The Congress having convened in secret session, the following proceedings were had:

On motion of Mr. Stephens, the special order of the day was postponed for the time, and the President proceeded to the call of the committees.

Mr. Rhett, from the Committee on Permanent Constitution, reported

The Constitution of the Confederate States of America.

Mr. Stephens, from the Committee to Organize the Executive Departments, reported

A bill to authorize the Secretary of State to appoint an assistant; which was read the first and second times, engrossed, read a third time, and passed.

Mr. Rhett, from the Committee, on Foreign Affairs, reported

A bill to provide the compensation for the commissioners to European powers.

The bill was read the first and second times; and

The first section having been read, placing the compensation for each of the commissioners “at the rate of one thousand dollars a month,”

Mr. Curry moved to amend the same by striking out the words “one thousand” and inserting in lieu thereof the words “eight hundred.”

The motion was lost.

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

On motion of Mr. Barnwell, the special order and regular order of the day were postponed and the bill to raise money for the support of the Government and to provide for the defense of the Confederate States of America was taken up.

The fourth section being as follows, viz:

4. The certificates of stock and bonds shall be issued in such form and for such amounts as may be determined by the Secretary of the Treasury, and may be assigned or delivered under such regulations as he may establish. But none of them shall be for a less sum than one hundred dollars; and he shall report to Congress, at its next session, a statement in detail of his proceedings, and the rate at which the loans may have been made, and all expenses attending the same.

On motion of Mr. Nisbet, the same was amended by striking out the words “one hundred” and inserting in lieu thereof the word “fifty.”

The fifth section being as follows, viz:

5. From and after the first day of August, eighteen hundred and sixty-one, there shall be levied, collected, and paid a duty of one-eighth of one cent per pound on all cotton in the raw state exported from the Confederate States, which duty is hereby specially pledged to the due payment of interest and principal of the loan provided for in this act; and the Secretary of the Treasury is hereby authorized and required to establish a sinking fund to carry into effect the provisions of this section: Provided, however, That the interest coupons, issued under the second section of this act, when due, shall be receivable in payment of the export duty on cotton.

Mr. Sparrow moved to amend the same by striking out the words “one-eighth of one cent per pound on all cotton in the raw state” and 0088 88 inserting in lieu thereof the words “two and a half per cent upon the value of all commodities.”

Mr. Stephens, after discussion thereon, demanded the question; which was seconded, and the question being taken, the motion was lost.

Mr. Stephens moved to amend by striking out the whole of the section.

Mr. Withers moved to amend the section by adding the following proviso, viz: Provided, also, That when the debt and interest thereon herein authorized to be contracted shall be extinguished, or the sinking fund provided for that purpose shall be adequate to that end, the said export duty shall cease and determine.

After discussion, Mr. Stephens demanded the question; which having been seconded and the question taken, the motion was agreed to.

The question then recurred on the motion of Mr. Stephens to amend by striking out the section, and the vote having been taken by States is as follows:

Yea: Alabama and Florida.

Nay: Georgia, Louisiana, Mississippi, and South Carolina.

Mr. Withers moved to amend the section by striking out the same and inserting in lieu thereof the words as follows, viz:

From and after the first day of August, eighteen hundred and sixty-one, there shall be levied, collected and paid cents on each and every slave within the ages of twelve and fifty years, which tax is hereby specially pledged to the due payment of interest and principal of the loan provided for by this act; and the Secretary of Treasury is hereby authorized and required to establish a sinking fund to carry out the provisions of this section: Provided, That each State in this Confederacy may supersede the laying and collection of said tax by paying into the Treasury of this Confederacy a sum of money equal to the aggregate of said tax which would be received in such State: And provided also, That when the debt herein authorized to be contracted shall be extinguished, or when the sinking fund provided for that purpose shall be adequate to that end, the said tax shall cease and determine, and as the said debt shall be diminished, the said tax shall be reduced in due proportion: And provided further, That the interest coupons issued under the second section of this act, when due, shall be receivable in payment of said tax.

The following communications were received from the President:

Executive Department, Montgomery, Ala., February 26, 1861.

Mr. President: The President has approved and signed the following acts passed by the Congress:

An act to modify the navigation laws and repeal all discriminating duties on ships or vessels;

An act for the establishment and organization of a general staff for the Army of the Confederate States of America; and

An act to define more accurately the exemption of certain goods from duty.

ROBERT JOSSELYN, Private Secretary.

Executive Office, February 26, 1861.

Gentlemen of the Congress: Though the General Government of the Confederate States is specially charged with the questions arising from the present condition of Forts Sumter and Pickens, and the Executive is required by negotiations or other means to obtain possession of those works, and though the common defense and the issues of peace or war of the Confederate States must necessarily be conducted by their general agent, the only material of war which we possess is held by the authorities of the several States.

To distribute the arms and munitions so as best to provide for the defense of the country it is needful that they be placed under the control of the General Government.

We have now but little information as to the quantity and quality of the military supplies on hand, and have no authority to call for returns from the officers of the States. The courtesy and patriotism of the respective governors would no doubt 0089 89 willingly meet such inquiry, and would probably induce them to transfer either armament or stores in compliance with a requisition from this Government, but efficiency requires the exclusive control as well of the means as of the works of defense. The General Government, being also charged with foreign intercourse, may have in the course of negotiation to account for the property of the United States which as a consequence of secession passed under the authority of the several States anterior to the formation of this Government.

For these considerations I respectfully suggest that the proper legislation be adopted to secure the transfer of all arms and munitions now in the forts, arsenals, and navy-yards to the custody of the Government of the Confederate States, and that full returns be made of all arms and munitions which have been distributed from the public stores to the troops of the several States, with authority to this Government to take charge of the accountability for them, and also to receive, to be accounted for to the several States, such arms and munitions as have been purchased by them and which they are willing to devote to the common service of the Confederacy.

The difficulty of supplying our wants in that regard by purchase abroad or by manufacture at home is well known to the Congress and will render unnecessary an argument to enforce the general policy herein presented, and I have only respectfully to commend the subject to your consideration.

JEFF'N DAVIS.

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

An act to authorize the Secretary of State to appoint an assistant; and

An act to provide the compensation for the commissioners to the European powers.

On motion of Mr. Hill,

The Congress adjourned until 12 o'clock to-morrow.

EXECUTIVE SESSION.

The Congress having gone into executive session, the following communication was received from the President:

Executive Department, Montgomery, Ala., February 26, 1861.

Hon. Howell Cobb, President of the Congress.

Sir: I hereby transmit for the advice of the Congress the following nominations, in accordance with a resolution passed February 13, 1861, to provide for a commission to proceed to Europe, under instructions to be given: William L. Yancey, of Alabama; P. A. Rest, of Louisiana; and A. Dudley Mann, of Confederate States.

JEFF'N DAVIS.

On motion of Mr. Hill, the communication was referred to the Committee on Foreign Affairs.

There being no further executive business, Congress resumed the consideration of the Calendar.

WEDNESDAY, February 27, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Dr. Capers.

The Journal of yesterday was read and approved.

Mr. Wright presented to Congress a model for a flag; which was referred to the Committee on Flag and Seal.

0090 90

Mr. Wright offered the following resolution:

Resolved by the Confederate States in Congress assembled, That whenever the Congress may enter upon the consideration of the permanent Constitution it shall be done in open session; which was ordered to be placed on the Calendar.

Mr. Chilton offered the following resolution:

Resolved, That the Committee on Naval Affairs be instructed to inquire into the propriety of constructing by this Government of two iron-plated frigates and such iron-plated gunboats as may be necessary to protect the commerce and provide for the safety of this Confederacy; which was read three times and adopted.

Mr. Conrad presented a memorial; which was referred, without being read, to the Committee on Finance.

Mr. Chesnut laid before Congress a communication on the subject of an armory; which was referred to the Committee on Military Affairs.

Mr. Withers laid before Congress a communication from J. M. Pitts relative to patents; which was referred to the Committee on Patents.

Mr. Waul laid before Congress a communication from James E. Harrison relative to the Cherokee, Choctaw, Chickasaw, and Creek Indian tribes; which was referred to the Committee on indian Affairs.

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

An act in relation to public printing.

Mr. Miles presented to Congress a model for a flag; which was referred to the appropriate Committee on Flag and Seal.

On motion of Mr. Chesnut,

Congress went into secret session; and after spending some time therein, adjourned till 11 o'clock to-morrow.

SECRET SESSION.

Congress having resolved itself into secret session,

The Journal of yesterday was read and approved.

On motion of Mr. Chilton, the regular business of Congress was suspended for the time and

Mr. Chilton introduced

A bill to authorize the collection of postages on mail matter carried in steamships between any port or ports in Europe and any port or ports in the Confederate States of America; which was read two times, and on motion of Mr. Rhett was referred to the Committee on Postal Affairs.

Mr. Chesnut moved to reconsider the vote by which the motion to strike out the fifth section of

A bill to raise money for the support of the Government and to provide for the defense of the Confederate States of America.

After some discussion thereon, Mr. Stephens demanded the question; which was seconded, and the motion to reconsider was lost, the States voting as follows:

Yea: Alabama, Florida, and Georgia.

Nay: Louisiana, Mississippi, and South Carolina.

Congress took up the unfinished business of the day previous.

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Pending the discussion on the amendment of Mr. Withers, offered by him as a substitute for the fifth section, Mr. Stephens demanded the question.

On the question to second the demand the same was lost, the States voting as follows:

Yea: Florida, Georgia, and Mississippi, 3.

Nay: Alabama and Louisiana, 2.

South Carolina being divided.

After further discussion Mr. Stephens again demanded the question; which was seconded, and the motion to substitute was lost.

Mr. Hale moved to amend the fifth section by striking out, where they first occur, the words “a duty of one-eighth of one cent per pound on all cotton in the raw state exported from the Confederate States,” and to insert in lieu thereof the following: an ad valorem duty of one per cent upon all cotton, rice, sugar, molasses, syrup, tobacco, lumber, tar, pitch, turpentine, and rosin exported from this Confederacy, the value thereof to be estimated at the port from which the same is exported; which amendment was lost, the States voting as follows:

Yea: Alabama and Florida.

Nay: Louisiana, Mississippi, and South Carolina.

Georgia being divided.

Mr. Marshall, at the instance of Louisiana, demanded the yeas and nays of the entire body; which were taken and recorded as follows:

Alabama—Yea: Messrs. Walker, Smith, Chilton, Hale, Shorter, Lewis, and Fearn, 7. Nay: Messrs. Curry and McRae, 2.

Florida—Yea: Messrs. Morton and Owens.

Georgia—Yea: Messrs. Crawford, Nisbet, Hill, T. R. R. Cobb, and Kenan, 5. Nay: Messrs. Toombs, Howell Cobb, Bartow, Wright, and Stephens, 5.

Louisiana—Yea: Messrs. Sparrow and Marshall, 2. Nay: Messrs. De Clouet, Conrad, and Kenner, 3.

Mississippi—Yea: Mr. Brooke, 1. Nay: Messrs. Harris, Wilson, Clayton, Barry, and Harrison, 5.

South Carolina—Yea: Messrs. Chesnut and Withers, 2. Nay: Messrs. Rhett, Barnwell, Keitt, Memminger, Miles, and Boyce, 6.

Mr. Sparrow offered the following as a substitute for the fifth section, viz:

That the Secretary of the Treasury be, and he is hereby, instructed to call upon the several States of the Confederacy requesting them to guarantee, each in proportion to its representative population, so much of the loan authorized to be made by this act as he may find the public wants require.

The amendment was lost, the States voting as follows:

Yea: Alabama and Florida, 2. Nay: Georgia, Louisiana, Mississippi, and South Carolina, 4.

Mr. Harris then offered the substitute offered by Mr. Sparrow as an additional section to the bill; which was lost.

Mr. Rhett offered the following as an additional section:

Sec. 6. And be it further enacted, That unless war arises between the Confederate States and the United States not more than five millions of dollars shall be raised by this act;

which was also lost.

Mr. Harris offered the following as a substitute for the bill, to wit:

The Congress of the Confederate States of America do enact, That there shall be collected at the several ports of the Confederacy an export duty of on all exports.

0092 92

And be it further enacted, That the Secretary of the Treasury be, and he is hereby, authorized to issue Treasury warrants in such sums not less than to an amount not exceeding , which warrants shall be receivable in payment of the said duty; which was lost.

The bill was then ordered to be engrossed for a third reading; which having been done and the bill read a third time, was passed, the States voting on the passage of the bill as follows:

Yea: Georgia, Louisiana, Mississippi, and South Carolina, 4.

Nay: Alabama and Florida, 2.

Mr. Shorter, at the instance of Alabama, called for the yeas and nays of the entire body; which were recorded as follows:

Alabama—Yea: Messrs. Chilton, McRae, and Lewis, 3. Nay: Messrs. Smith, Curry, Hale, Shorter, and Fearn, 5.

Florida— Nay: Messrs. Morton and Owens, 2.

Georgia—Yea: Messrs. Howell Cobb, Bartow, Crawford, Nisbet, Wright, and T. R. R. Cobb, 6. Nay: Messrs. Hill, Kenan, and Stephens, 3.

Louisiana—Yea: Messrs. De Clouet, Conrad, and Kenner, 3. Nay: Messrs. Sparrow and Marshall, 2.

Mississippi—Yea: Messrs. Harris, Brooke, Wilson, Clayton, Barry, and Harrison, 6.

South Carolina—Yea: Messrs. Rhett, Barnwell, Keitt, Memminger, Miles, and Boyce, 6. Say: Messrs. Chesnut and Withers, 2.

Mr. Bartow, from the Committee on Military Affairs, reported the following bill:

A bill to be entitled “An act to raise provisional forces for the Confederate States of America, and for other purposes;” which having been read the first and second times was ordered to be engrossed for a third reading.

The bill was then read a third time and passed.

Mr. Kenner offered the following resolution:

Resolved, That hereafter the Congress will meet at eleven o'clock a. m.; which was adopted.

Mr. Kenner also offered the following resolution:

Resolved, That the permanent Constitution shall be the special order for each day hereafter as soon as Congress goes into secret session, and shall so continue until final action is had thereon.

Mr. Rhett moved to amend the same by striking out the word “hereafter” and inserting in lieu thereof the words “after Saturday next;” which motion to amend was lost, the vote being taken by States, as follows:

Nay: Alabama, Florida, Georgia, Louisiana, and Mississippi.

South Carolina being divided.

The resolution was then adopted.

Mr. Rhett offered the following resolution:

Resolved, That the President of the Congress be authorized to employ two competent stenographers, who, under the injunction of secrecy, shall take down and write out the debates and action had upon the permanent Constitution; which was lost.

Mr. Clayton offered the following resolution:

Resolved, That in the consideration of the permanent Constitution the Delegated from Texas be in all respects recognized as members of this body, with full power to discuss and vote upon the same; which was agreed to.

0093 93

On motion of Mr. Bartow, the injunction of secrecy was removed from the act to raise provisional forces for the Confederate States of America, and for other purposes.

On motion of Mr. Barnwell, the injunction of secrecy was also removed from the

Act to raise money for the support of the Government and to provide for the defense of the Confederate States of America.

A message was received from the President to the effect that he had approved and signed

An act in relation to public printing;

An act to authorize the Secretary of State to appoint an assistant; and

An act to provide the compensation for the commissioners to European powers.

On motion of Mr. Brooke,

Congress adjourned until 11 o'clock to-morrow

EXECUTIVE SESSION.

The Congress having gone into executive session,

Mr. Rhett, from the Committee on Foreign Affairs, made the following report:

The Committee on Foreign Affairs, to whom was referred the nomination by the President of W. L. Yancey, P. A. Rost, and A. Dudley Mann, as commissioners to the European powers, respectfully report that they have had the same under consideration and recommend that the Congress do advise and consent to the nomination of W. L. Yancey and P. A. Rost.

The report was unanimously concurred in.

So the Congress do advise and consent that William L. Yancey, of Alabama, and P. A. Rost, of Louisiana, be commissioners to the European powers under the resolution of the Congress passed February 13, 1861.

There being no further executive business, the Congress resumed the consideration of the Calendar.

THURSDAY, February 28, 1861. Link to Annals.

OPEN SESSION.

The Congress met pursuant to adjournment.

Mr. Chilton presented a memorial from the merchants of the city of Montgomery; which was referred, without being read, to the Committee on Commercial Affairs.

Mr. Curry presented a communication from J. E. Hutz; which was referred to the Committee on Naval Affairs.

Mr. Curry also presented a design for a flag; which was referred to the Committee on Flag and Seal.

Mr. Cobb reported

A bill to define the jurisdiction of the Federal courts in certain cases; which was read the first and second times and referred to the Committee on the Judiciary.

Mr. Hill presented a design for a flag; which was referred to the Committee on Flag and Seal.

Mr. Chesnut presented a memorial from George T. Sinclair, praying a caveat for an invention made by him in reference to a magazine 0094 94 until a patent can be obtained; which was referred to the Committee on Patents.

Mr. Ochiltree presented a communication from John C. Robertson, chairman of committee on public safety of the State convention of the State of Texas; which was referred to the Committee on Military Affairs.

Mr. Curry presented a communication from J. M. Lapsley on the subject of a tariff; which was referred to the Committee on Finance.

Mr. Hill presented a communication from I. C. Plant on the subject of patents; which was referred to the Committee on Patents.

Mr. Chilton, from the Committee on Postal Affairs, reported a

Bill supplemental to “An act to regulate the rates of postage and for other purposes;” which was read the first and second times, engrossed, read a third time, and passed.

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

An act to raise provisional forces for the Confederate States of America, and for other purposes; and

An act to raise money for the support of the Government and to provide for the defense of the Confederate States of America.

On motion of Mr. Nisbet,

The Congress went into secret session; and after spending some time therein, adjourned until 11 o'clock to-morrow.

SECRET SESSION.

Congress being in secret session, Mr. Cobb offered the following resolution, viz:

Standing order. —Whenever the regular order shall have been passed through in open session it shall be the duty of the President to announce, without motion, that Congress will now go into secret session;

which was agreed to.

On motion of Mr. Morton, the Congress resolved that it would resolve itself in convention and take up for consideration each day at 12 o'clock m. the Constitution of the Confederate States of America, until the same should be disposed of.

On motion of Mr. Clayton, Congress took up for consideration the

Bill to establish the judicial courts of the Confederate States of America.

Mr. Harris moved to amend the second section thereof by inserting before the words “district court” the word “judicial;” which motion was lost.

Mr. Smith moved to amend the section by inserting after the words “who shall reside” and before the words “in the State” the words “in the principal commercial town;” which motion was lost.

Mr. Sparrow moved to amend the said section by striking out therefrom the word “three” and inserting in lieu thereof the word “five.”

Pending discussion thereon, the following message was received from the President through his Private Secretary, Mr. Josselyn, viz:

Executive Department, February 28, 1861.

Mr. President: The President has approved and signed the following acts passed by the Congress, to wit:

An act to authorize the Secretary of the Treasury to establish additional ports and places of entry and delivery, and appoint officers therefor;

0095 95

An act to raise provisional forces for the Confederate States of America, and for other purposes; and

An act to raise money for the support of the Government and to provide for the defense of the Confederate States of America.

The Congress then, on motion of Mr. Waul,

Resolved, That the Secretary keep a separate journal, to be entitled “the Journal of the Convention of Deputies from the independent and sovereign States of Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, and Texas.” a

a For the journal authorized by this resolution, see pp. 851–896.

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

An act supplemental to “An act to regulate the rates of postages, and for other purposes.”

The following communication was received from the President:

Executive Department, February 28, 1861.

Gentlemen of the Congress: With sincere deference to the judgment of the Congress I have carefully considered the bill “in relation to the slave trade and to punish persons offending therein,” but have not been able to approve and therefore do return it with a statement of my objections.

The Constitution, section seven, article first, provides that “The importation of African negroes from any foreign country other than the slaveholding States of the United States is hereby forbidden, and Congress is required to pass such laws as shall effectually prevent the same.” The rule herein given is emphatic and distinctly directs legislation which shall effectually prevent the importation of African negroes. The bill before me denounces as a high misdemeanor the importation of negroes or other persons of color, either to be sold as slaves or to be held to service or labor, affixing heavy and degrading penalties on the act if done with such intent. To that extent it accords with the requirement of the Constitution, but in the 6th section of the bill provision is made for the transfer of negroes who may have been illegally imported into the Confederate States to the custody of foreign States or societies, upon condition of deportation and future freedom, and if the proposition thus to surrender them shall not be accepted it is then made the duty of the President to cause said negroes to be sold at public outcry to the highest bidder in any one of the States where such sale shall not be inconsistent with the laws thereof, etc.

This latter provision seems to me in opposition to the policy declared in the Constitution, the prohibition of the importation of African negroes, and in derogation of its mandate to legislate for the effectuation of that object. Wherefore the bill is returned for your further consideration, together with the objections most respectfully submitted.

JEFF'N DAVIS.

Mr. Memminger moved to adjourn.

The motion was lost.

Mr. Stephens moved that when Congress adjourn it adjourn until 10 o'clock to-morrow.

The motion prevailed.

On motion of Mr. Memminger,

The Congress adjourned until 10 o'clock to-morrow.

EXECUTIVE SESSION.

The Congress having gone into executive session,

Mr. Conrad, from the Committee on Naval Affairs, made the following report on the part of the majority of said committee:

The Committee on Naval Affairs, to whom was referred the nomination of S. R. Mallory, of Florida, as Secretary of the Navy, beg leave to recommend that said nomination be confirmed.

Mr. Owens, from the same committee, made the following minority report:

Being unable at this time to concur in the recommendation of the majority of the committee in reference to the nomination of Mr. S. R. Mallory as Secretary of 0096 96 the Navy, I feel it due to myself to say that as I am in daily expectation of further information touching the wishes of Florida in this regard, and, perhaps, other facts in the possession of my absent colleague, Mr. Anderson, I am not now prepared to act on the nomination, and must therefore at present dissent from the report of the majority.

All of which is respectfully submitted.

JAS. B. OWENS.

On motion of Mr. Morton, the further consideration of the subject was postponed until to-morrow.

FRIDAY, March 1, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

The Journal of yesterday was read and approved.

There being no business on the Public Calendar, Congress went into secret session; and after spending some time therein, adjourned till 10 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

The first business in order was the consideration of

An act in relation to the slave trade and to punish persons offending therein; which was returned by the President with his objections.

Mr. Clayton moved to postpone for the time its consideration.

Mr. Chesnut submitted the point of order that under the Constitution Congress must proceed to the consideration of the bill.

The Chair so ruled.

Pending discussion on said bill, the hour of 12 o'clock m. having arrived, Congress resolved itself in convention, and after spending some time therein resolved itself in Congress; and

A message was received from the President through his Private Secretary that he had approved and signed

An act supplemental to an act to regulate the rates of postage, and for other purposes.

Mr. Bartow, from the Committee on Military Affairs, reported a bill to be entitled

An act for the establishment and organization of the Army of the Confederate States of America; which was read twice, ordered to be placed on the Calendar, and to be printed.

On motion of Mr. Bartow,

Congress adjourned till 10 o'clock to-morrow.

EXECUTIVE SESSION.

The Congress having gone into executive session, the following communication was received from the President:

Hon. Howell Cobb, President of the Congress.

Sir: I have the honor herewith to transmit the nomination of Peter G. T. Beauregard, of Louisiana, to be brigadier-general of the Provisional Army, authorized by the act of Congress of February 27, 1861, and to submit the same for the advice and consent of the Congress.

JEFF'N DAVIS.

0097 97

And the question being,

Will the Congress advise and consent to the said nomination?

The same was unanimously agreed to.

So the Congress do advise and consent that Peter G. T. Beauregard, of Louisiana, be brigadier-general in the Provisional Army of the Confederate States.

There being no further executive business, the Congress resumed the consideration of the business on the Calendar.

SATURDAY, March 2, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

The Journal of yesterday was read and approved.

Mr. Curry presented a memorial from Horace Ware relative to the establishment of a foundry and an armory for the Confederacy; which was referred to the Committee on Military Affairs.

Mr. Harris offered the following resolution:

Resolved, That the Committee on Finance be instructed to enter upon a revision of the present tariff as early as practicable, with a view to the gradual reduction of the rate of duties, and the enlargement of the free list by the exemption of such dutiable articles as occasion an expense and trouble in the collection of duties disproportionate to the revenue arising thereon; which, after discussion, the further consideration of the same for the time was postponed.

Mr. Waul announced the arrival of Mr. J. H. Reagan and Mr. W. S. Oldham, Delegates from Texas, who appeared and took their seats.

On motion of Mr. Stephens,

Congress went into secret session; and after spending some time therein, adjourned till 10 o'clock to-morrow [Monday next].

SECRET SESSION.

The Congress having resolved itself in secret session,

Mr. Stephens reported a bill to be entitled “An act to admit Texas as a member of the Confederate States of America;” which was read the first and second times, engrossed, read a third time, and passed.

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

An act to admit Texas as a member of the Confederate States of America.

A message was received from the President that he had approved and signed

An act to admit Texas as a member of the Confederate States of America.

On motion of Mr. Chesnut the injunction of secrecy was removed from the action of Congress in reference to said bill.

On motion of Mr. Toombs, the Delegates from the State of Texas took the oath to support the Constitution of the Provisional Government and signed the roll of the Congress.

The unfinished business of the previous day was taken up.

The question was on the passage of the bill in relation to the slave trade and to punish persons offending therein; which was returned by the President with his objections.

0098 98

Mr. Stephens demanded the question; which was seconded.

The vote on the passage of the bill was taken by States and the yeas and nays entered at large on the Journal.

Mr. Hill was excused from voting, for the reason that he was not present when the bill was under consideration and discussion.

The following is the vote:

Alabama—Yea: Messrs. Curry and Chilton. 2. Nay: Messrs. Smith, Hale, Shorter, and Fearn, 4.

Florida—Yea: Messrs. Morton and Owens, 2.

Georgia—Yea: Messrs. Toombs, Howell Cobb, Bartow, Nisbet, T. R. R. Cobb, and Kenan, 6. Nay: Messrs. Wright and Stephens, 2.

Louisiana—Nay: Messrs. De Clouet, Conrad, Kenner, Sparrow, and Marshall, 5.

Mississippi—Nay: Messrs. Harris, Brooke, Wilson, Clayton, Barry, and Harrison, 6.

South Carolina—Yea: Messrs. Rhett, Barnwell, Keitt, and Miles, 4. Nay: Messrs. Chesnut, Withers, and Boyce, 3.

Texas—Yea: Mr. Ochiltree, 1. Nay: Messrs. Waul, Oldham, Reagan, and Gregg, 4.

Summary—Yea: Florida, Georgia, and South Carolina, 3. Nay: Alabama, Louisiana, Mississippi, and Texas, 4.

The bill, not receiving a vote of two-thirds of the Congress, was lost.

On motion of Mr. Cobb, the injunction of secrecy was removed from the fact that the President had vetoed the bill; also from the message of the President and the subsequent proceedings of Congress thereon.

Mr. Stephens, at the instance of Georgia, moved to reconsider the vote just taken on Mr. Cobb's motion.

Mr. Stephens demanded the question; which was seconded, and the motion to reconsider prevailed.

Mr. Cobb then withdrew his motion.

Mr. Stephens moved that Congress take a recess from 3.30 o'clock p. m. till 7.30 o'clock p. m.; which was agreed to.

On motion of Mr. Bartow, the regular order was postponed and Congress proceeded to the consideration of a bill to be entitled

An act for the establishment and organization of the Army of the Confederate States of America.

At the hour of 12 o'clock m. Congress went into convention; and after remaining some time therein, again resolved itself in secret session; and

Mr. Brooke offered a resolution in relation to patents and caveats:

Resolved, That all persons, being citizens of the Confederate States, who may wish to procure patents or file caveats for inventions and useful discoveries and improvements, may file in the office of the Attorney-General a specification of such invention, discovery, or improvement, together with such descriptive drawings as may be necessary; and such specification, when so filed, stroll operate as a caveat to protect the rights or such persons until regular application can be made according to law; and this resolution shall apply to all patents heretofore granted by the United States to citizens of this Confederacy, and to caveats heretofore filed by such citizens in the Patent Office of the United States, on such patents and copies of such caveats being deposited, as aforesaid, in the office of the Attorney-General: Provided, That such applicants shall pay such fees as may hereafter be required by law establishing a patent office, on application for patents and filing of caveats; which was read the first and second times, engrossed, read a third time, and agreed to.

Mr. Toombs, from the Committee on Finance, reported

A bill to create the clerical force of the several Executive Departments of the Confederate States of America, and for other purposes; 0099 99 which was read a first and second time, ordered to be placed on the Calendar, and to be printed.

Mr. Toombs, from the Committee on Finance, also reported

A bill to be entitled “An act to fix the pay and mileage of members of Congress;” which was read a first and second time, ordered to be placed on the Calendar, and to be printed.

Mr. Memminger introduced

A bill to provide for the salaries of the judges of the Confederate States; which, on motion of Mr. Shorter, was referred to the Committee on Judiciary.

Mr. Ochiltree laid before Congress a communication from certain commissioners on behalf of the committee of safety of the State of Texas; which was referred to the Committee on Military Affairs.

The hour of 3.30 o'clock p. m. having arrived, Congress took a recess, to reassemble at 7.30 p. m.

7.30 O'CLOCK P. M.

The Congress proceeded to the consideration of a bill to be entitled

An act for the establishment and organization of the Army of the Confederate States of America.

The first sentence of the thirteenth section thereof being reported as follows, to wit:

Sec. 13. The pay of a brigadier-general shall be three hundred and one dollars per month.

Mr. Barry moved to strike therefrom the words “three hundred and one” and insert in lieu thereof the words “two hundred and twenty-six;” which was lost.

The fourteenth section being read as follows:

Sec. 14. The monthly pay of the officers of the Corps of Engineers shall be as follows: of the colonel, two hundred and ten dollars; of a major, one hundred and sixty-two dollars; of a captain, one hundred and forty dollars; lieutenants serving with the company of sappers and miners shall receive the pay of cavalry officers of the same grade.

Mr. Toombs moved to strike therefrom the words: lieutenants serving with the company of sappers and miners shall receive the pay of cavalry officers of the same grade; which motion was lost.

The twentieth section being reported; which is as follows:

Sec. 20. The pay of officers, as hereinbefore established, shall be in full of all allowances, except forage, fuel, quarters, and traveling expenses, while traveling under orders. The allowance of forage, fuel, and quarters shall be fixed by regulations and shall be furnished in kind, except when officers are serving at stations without troops where public quarters can not be had, in which cause they may be allowed, in lieu of forage, eight dollars per month for each horse to which they may be entitled, provided they are actually kept in serried and mustered; and quarters may be commuted at a rate to be fixed by the Secretary of War, and fuel at the market price delivered. An officer when traveling under orders shall be allowed mileage at the rate of ten cents per mile.

Mr. Hill moved to strike therefrom the words as they occur, viz: except when officers are serving at stations without troops where public quarters can not be had, in which cause they may be allowed, in lieu of forage, eight dollars per month for each horse to which they may be entitled, provided they are actually kept 0100 100 in service and mustered: and quarters may be commuted at a rate to be fixed by the Secretary of War, and fuel at the market price delivered,

And to insert in lieu thereof the words “and in no case shall a commutation for fuel, forage, and quarters be allowed;” which was lost.

The twenty-first section having been reported, the last sentence thereof being as follows: No enlisted man in the service of the Confederate States shall be employed as a servant by any officer of the Army.

Mr. Hale moved to insert after the word “servant” the words “or required to perform menial services for such officer;” which motion to amend was lost.

The twenty-eighth section being as follows:

Sec. 28. Neither the Quartermaster-General, the Commissary-General, nor any or either of their assistants, shall be concerned, directly or indirectly, in the purchase or sale, for commercial purposes, of any articles intended for, making a part of, or appertaining to public supplies, except for and on account of the Confederate States; nor shall they, or either of them, take or apply to his or their own use any gain or emolument for negotiating my business in their respective departments, other than what is or may be allowed by law.

On motion of Mr. Reagan, the words “for commercial purposes,” where and as they occur, were stricken out.

Mr. Toombs offered as an additional section to the bill, to come in after the twenty-eighth section, the following:

Be it further enacted, That the pay of officers provided for in the foregoing act, below and including the rank of colonel, be, and is hereby, reduced twenty per cent.

Pending discussion thereon,

On motion of Mr. Chesnut,

Congress adjourned till 10 o'clock Monday next.

MONDAY, March 4, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Dr. Basil Manly.

Mr. Cobb offered the following resolution:

Resolved, That the members of the Alabama State convention be invited to seats in the Hall during the public sessions of Congress; which was adopted.

Mr. Curry, on behalf of H. P. Oden, James G. L. Huey, and Andrew W. Bowie, presented to the President of Congress an inkstand made from Alabama marble.

Mr. Chilton presented to Congress a letter and drawings from Lieutenant Haines; which were referred to the Committee on Naval Affairs.

Mr. Chilton also presented to Congress a communication from Misses Rebecca C. Ferguson and Mollie A. D. Sinclair, pupils of the Tuskegee Female College, together with drawings as designs for a flag; which were referred to the Committee on Flag and Seal.

Mr. Cobb offered the following resolutions:

Resolved, That the mints at New Orleans and Dahlonega shall be continued, and the proper arrangements made as soon as possible to procure suitable dies for the coin of the Confederate States.

0101 101

Resolved, That the Secretary of the Treasury be requested to estimate and report to Congress the lowest amount of appropriation necessary to carry out the above resolution; which, on motion of Mr. Kenner, were referred to the Committee on Finance.

Mr. Hill laid before Congress a communication from “A lady of Darien, Ga.,” relative to a flag; which was referred to the appropriate Committee on Flag.

There being no business on the Public Calendar,

Congress went into secret session; and after remaining some time therein, adjourned till 10 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

Mr. Waul arose to a privileged question, viz, relative to the Delegates from Texas signing the Provisional Constitution.

On motion of Mr. Stephens, the Delegates from Texas were requested to sign the Constitution.

Mr. Miles, from the Committee on the Flag and Seal of the Confederacy, made the following report:

The committee appointed to select a proper flag for the Confederate States of America, beg leave to report:

That they have given this subject due consideration, and carefully inspected all the designs and models submitted to them. The number of these has been immense, but they all may be divided into two great classes.

First. Those which copy and preserve the principal features of the United States flag, with slight and unimportant modifications.

Secondly. Those which are very elaborate, complicated, or fantastical. The objection to the first class is, that none of them at any considerable distance could readily be distinguished from the one which they imitate. Whatever attachment may be felt, from association, for “the Stars and Stripes” (an attachment which your committee may be permitted to say they do not all share), it is manifest that in inaugurating a new government we can not with any propriety, or without encountering very obvious practical difficulties, retain the flag of the Government from which we have withdrawn. There is no propriety in retaining the ensign of a government which, in the opinion of the States composing this Confederacy, had become so oppressive and injurious to their interests as to require their separation from it. It is idle to talk of “keeping” the flag of the United States when we have voluntarily seceded from them. It is superfluous to dwell upon the practical difficulties which would flow from the fact of two distinct and probably hostile governments, both employing the same or very similar flags. It would be a political and military solecism. [It would produce endless confusion and mistakes. It would lead to perpetual disputes. a

a Not in Journal, but contained in original report on file in the War Department.

] As to “the glories of the old flag,” we must bear in mind that the battles of the Revolution, about which our fondest and proudest memories cluster, were not fought beneath its folds. And although in more recent times—in the war of 1812 and in the war with Mexico—the South did win her fair share of glory, and shed her full measure of blood under its guidance and in its defense, we think the impartial page of history will preserve and commemorate the fact more imperishably than a mere piece of striped bunting. When the colonies achieved their independence of the “mother country” (which up to the last they fondly called her) they did not desire to retain the British flag or anything at all similar to it. Yet, under that flag they had been planted, and nurtured, and fostered. Under that flag they had fought in their infancy for their very existence against more than one determined foe; under it they had repelled and driven back the relentless savage, and carried it farther and farther into the decreasing wilderness as the standard of civilization and religion; under it the youthful Washington won his spurs in the memorable and unfortunate expedition of Braddock, and Americans helped to plant it on the heights of Abraham, where the immortal Wolfe fell, covered with glory, in the arms of victory. But our forefathers, when they separated themselves from Great Britain— 0102 102 a separation not on account of their hatred of the English constitution or of English institutions, but in consequence of the tyrannical and unconstitutional rule of Lord North's administration, and because their destiny beckoned them on to independent expansion and achievement—cast no lingering, regretful looks behind. They were proud of their race and lineage, proud of their heritage in the glories and genius and language of old England, but they were influenced by the spirit of the motto of the great Hampden, “ Vestigia nulla retrorsum. ” They were determined to build up a new power among the nations of the world. They therefore did not attempt “to keep the old flag.” We think it good to imitate them in this comparatively little matter as well as to emulate them in greater and more important ones.

The committee, in examining the representations of the flags of all countries, found that Liberia and the Sandwich Islands had flags so similar to that of the United States that it seemed to them an additional, if not in itself a conclusive, reason why we should not “keep,” copy, or imitate it. They felt no inclination to borrow, at second hand, what had been pilfered and appropriated by a free negro community and a race of savages. It must be admitted, however, that something was conceded by the committee to what seemed so strong and earnest a desire to retain at least a suggestion of the old “Stars and Stripes.” So much for the mass of models and designs more or less copied from, or assimilated to, the United States flag.

With reference to the second class of designs—those of an elaborate and complicated character (but many of them showing considerable artistic skill and taste)—the committee will merely remark, that however pretty they may be, when made up by the cunning skill of a fair lady's fingers in silk, satin, and embroidery, they are not appropriate as flags. A flag should be simple, readily made, and, above all, capable of being made up in bunting. It should be different from the flag of any other country, place, or people. It should be significant. It should be readily distinguishable at a distance. The colors should be well contrasted and durable, and, lastly, and not the least important point, it should be effective and handsome.

The committee humbly think that the flag which they submit combines these requisites. It is very easy to make. It is entirely different from any national flag. The three colors of which it is composed—red, white, and blue—are the true republican colors. In heraldry they are emblematic of the three great virtues—of valor, purity, and truth. Naval men assure us that it can be recognized and distinguished at a great distance. The colors contrast admirably and are lasting. In effect and appearance it must speak for itself.

Your committee, therefore, recommend that the flag of the Confederate States of America shall consist of a red field with a white space extending horizontally through the center, and equal in width to one-third the width of the flag. The red spaces above and below to be of the same width as the white. The union blue extending down through the white space and stopping at the lower red space. In the center of the union a circle of white stars corresponding in number with the States in the Confederacy. If adopted, long may it wave over a brave, a free, and a virtuous people. May the career of the Confederacy, whose duty it will then be to support and defend it, be such as to endear it to our children's children, as the flag of a loved, because a just and benign, government, and the cherished symbol of its valor, purity, and truth.

Respectfully submitted.

WM. PORCHER MILES, Chairman.

Mr. Withers moved that the whole of the report from the Committee on the Flag be entered upon the Journal.

It was so ordered.

Mr. Kenner, from the Committee on Finance, reported a bill to be entitled

An act to repeal so much of the laws of the Confederate States of America as prohibit the introduction of liquors except in casks or vessels of or above certain-named capacity, and for other purposes; which was read a first and second time and ordered to be engrossed for a third reading.

The bill was then read a third time and passed.

Mr. Bartow moved that Congress take a recess from 3.30 o'clock p. m. till 7 o'clock p. m.; which was agreed to.

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

0103 103

A resolution in relation to patents and caveats.

Mr. Clayton offered the following resolution:

Resolved, That hereafter the Congress will daily, as soon as the morning business is disposed of, resolve itself into a convention to consider the Constitution of the Confederate States of America; which was agreed to.

Mr. Stephens, from the Committee on Rules, reported and recommended the adoption of the following resolution; which had been referred to the committee, to wit:

Resolved, That the heads of Departments be admitted to the floor of Congress both in secret and open session.

The resolution was taken up and adopted, and on motion or Mr. Stephens the injunction of secrecy thereon was ordered to be removed.

A message was received from the President that he had approved and signed

A resolution in relation to patents and caveats,

And on motion of Mr. Brooke the injunction of secrecy thereon was ordered to be removed.

Congress resumed the unfinished business of the day previous, it being the consideration of

A bill to be entitled “An act for the establishment and organization of the Army of the Confederate States of America.”

Mr. Boyce offered the following resolution:

Resolved, That the bill to organize a military force be recommitted, with instructions to the committee to report a bill providing:

1. For a regiment of regulars to garrison the forts in the Confederate States.

2. For a regiment of rangers to protect the western borders of Texas from the Indians.

3. A military school for the training of officers in the science of war.

4. The organization of a volunteer force of one hundred thousand men to be ready for immediate service in case of war.

5. The purchase of powder, ordnance, and weapons of the best kind, in quantities to arm said volunteer force, said arms not to be distributed until actually needed in war; which was lost.

The question recurring on the amendment offered by Mr. Toombs, the same was also lost.

The twenty-ninth section being as follows, to wit:

Sec. 29. The Rules and Articles of War established by the laws of the United States of America for the government of the Army are hereby declared to be of force, except that wherever the words “United States” occur the words “Confederate States” shall be substituted therefor; and the same change shall be made in all other laws relating to the Army which remain of force. And all laws or parts of laws of the United States, which have been adopted by the Congress of the Confederate States, repugnant to or inconsistent with this act, are hereby repealed.

Mr. Bartow moved to amend the same by inserting after the word “therefor,” where it first occurs, the following: and except that the articles of war numbers sixty-one and sixty-two are hereby abrogated, and the following articles substituted therefor:

61. Officers having brevets or commissions of a prior date to those of the corps in which they serve will take place in courts-martial or of inquiry, and on boards detailed for military purposes, when composed of different corps, according to the ranks given them in their brevet or former commissions; but in the regiment, corps, or company to which such officers belong, they shall do duty and take rank, both in courts and on boards as aforesaid, which shall be composed of their own corps, according to the commissions by which they are there mustered.

62. If upon marches, guards, or in quarters, different corps shall happen to join or do duty together, the officer highest in rank, according to the commission by which 0104 104 he is mustered in the Army, Navy, Marine Corps, or Militia, there on duty by orders from competent authority, shall command the whole and give orders for what is needful for the service, unless otherwise directed by the President of the Confederate States in orders of special assignment providing for the case; which motion to amend was agreed to.

On motion of Mr. Bartow, the section was further amended by striking out the following words: “and the same change shall be made in all other laws relating to the Army which remain in force.”

On motion of Mr. Bartow, the following words were stricken from the same section and constituted the thirty-first section, to wit:

And all laws or parts of laws of the United States, which have been adopted by the Congress of the Confederate States, repugnant to or inconsistent with this act, are hereby repealed.

The twenty-ninth section of the bill as amended is as follows:

Sec. 29. The Rules and Articles of War established by the laws of the United States of America for the government of the Army are hereby declared to be of force, except that wherever the words “United States” occur the words “Confederate States” shall be substituted therefor; and except that the articles of war numbers sixty-one and sixty-two are hereby abrogated, and the following articles substituted therefor:

61. Officers having brevets or commissions of a prior date to those of the corps in which they serve will take place in courts-martial or of inquiry, and on boards detailed for military purposes, when composed of different corps, according to the ranks given them in their brevet, or former commissions; but in the regiment, corps, or company to which such officers belong, they shall do duty and take rank, both in courts and on boards as aforesaid, which shall be composed of their own corps, according to the commissions by which they are there mustered.

62. If upon marches, guards, or in quarters, different corps shall happen to join or do duty together, the officer highest in rank, according to the commission by which he is mustered in the Army, Navy, Marine Corps, or Militia, there on duty by orders from competent authority; shall command the whole and give orders for what is needful for the service, unless otherwise directed by the President of the Confederate States in orders of special assignment providing for the case.

On motion of Mr. Bartow, the eighteenth section was then amended by altering the second sentence of the same; which reads as follows, viz:

The Surgeon-General shall receive an annual salary of three thousand dollars, which shall be in full of all pay and allowances, except fuel and quarters,

So that, amended, it would read: “The monthly pay and allowances of the Surgeon-General shall be the same as those of the colonel of cavalry.”

On motion of Mr. Bartow, the nineteenth section was amended by striking out the following words, to wit: to every officer commanding in chief a separate army actually in the field, one hundred dollars; to every officer commanding a military geographical department, seventy-five dollars; to field officers of regiments in command of permanent or fixed post, garrisoned by troops, fifty dollars; and to all other officers commanding in like manner, twenty-five dollars.

The twenty-first section being as follows, to wit:

Sec. 21. In time of war, officers of the Army shall be entitled to draw forage for horses, according to grade, as follows: A brigadier-general, five; the adjutant and inspector general, quartermaster-general, commissary-general, and the colonels of engineers, artillery, infantry, and cavalry, four each; all lieutenant-colonels and majors, and captains of the general staff, engineer corps, light artillery and cavalry, three each; lieutenants serving in the corps of engineers, lieutenants of light artillery and of cavalry, two each. In time of peace, general and field officers three; officers below the rank of field officers, in the general staff, corps of engineers, light artillery and cavalry, two: Provided, That in all cases the horses are actually kept in service and mustered. No enlisted man in the service of the Confederate States shall be employed as a servant by any officer of the Army.

0105 105

On motion of Mr. Bartow, the same was amended by striking out in the words “A brigadier-general, five,” the word “five” and inserting in lieu thereof the word “four,” and by striking out in the words “infantry and cavalry, four,” the word “four” and inserting in lieu thereof the word “three.”

On motion of Mr. Bartow, the twenty-second section was amended by making the monthly pay of “sergeants” “seventeen” instead of “eighteen” dollars, and the monthly pay of blacksmiths “thirteen” instead of “fourteen” dollars.

On motion of Mr. Kenner, the bill was amended by adding the following as an additional section, to be the thirtieth section, to wit:

That the President shall call into the service of the Confederate States only so many of the troops herein provided for as he may deem the safety of the Confederacy may require.

The bill was then engrossed, read a third time, and passed.

On motion of Mr. Bartow, the regular order was suspended, and the Congress proceeded to the consideration of the bill to provide for the public defense; which was ordered to be engrossed, and the same having been done, the bill was read the third time and passed.

Mr. Toombs offered the following resolution:

Resolved, That the President be, and he is hereby, authorized to send a commissioner from this Government to the convention of the State of Arkansas to consult touching matters concerning their mutual interests; which was read the first and second times, engrossed, read a third time, and agreed to under the following title:

A resolution to authorize the President to send a commissioner to the convention of the State of Arkansas.

Mr. Toombs also offered the following resolution:

Resolved, That the President be, and he is hereby, authorized to send a suitable person as special agent of this Government to the Indian tribes west of the State of Arkansas; which was read the first and second times, engrossed, read a third time, and agreed to.

Mr. Owens was excused from further service on Committee on Accounts, and the President appointed Mr. Gregg to fill the vacancy.

On motion of Mr. Withers,

The Congress adjourned until 10 o'clock to-morrow.

EXECUTIVE SESSION.

The Congress having gone into executive session,

On motion of Mr. Conrad, the Congress resumed the consideration of the reports of the majority and minority of the Committee on Naval Affairs on the nomination by the President of S. R. Mallory to be Secretary of the Navy.

After some [time] spent in discussion, Mr. Keitt demanded the question; which demand was not sustained.

Mr. Chesnut moved that the nomination be recommitted to the Committee on Naval Affairs; which motion was lost on a vote by States, as follows:

Yea: Florida and Louisiana, 2.

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

The question then being,

0106 106

Will the Congress advise and consent to the nomination of S. R. Mallory to be Secretary of the Navy?

It was decided in the affirmative on a vote by States, as follows:

Yea: Alabama. Georgia. Louisiana, Mississippi, and South Carolina, 5.

Nay: Florida and Texas. 2.

The yeas and nays were demanded by the State of Florida, and are as follows:

From Alabama—Yea: Messrs. Walker, Smith, Curry, Hale, McRae, Shorter, Lewis, and Fearn. Nay: Mr. Chilton.

From Florida—Yea: Mr. Anderson. Nay: Messrs. Morton and Owens.

From Georgia—Yea: Messrs. Toombs, Howell Cobb, Bartow, Nisbet, Hill, Thomas R. R. Cobb, and Stephens. Absent: Messrs. Crawford, Wright, and Kenan.

From Louisiana—Yea: Messrs. De Clouet, Conrad, Kenner, and Sparrow. Nay: Mr. Marshall. Absent: Mr. Perkins.

From Mississippi—Yea: Messrs. Harris, Brooke, Wilson, Clayton, Barry, and Harrison. Absent: Mr. Campbell.

From South Carolina—Yea: Messrs. Rhett, Barnwell, Keitt, Chesnut, Memminger, Miles, Withers, and Boyce.

From Texas—Yea: Messrs. Reagan and Gregg. Nay: Messrs. Waul, Oldham, and Ochiltree. Absent: Messrs. Wigfall and Hemphill.

Ordered, That the injunction of secrecy be removed from the fact of the confirmation of the nomination of S. R. Mallory as aforesaid.

There being no further executive business, the Congress resumed the consideration of the business upon the Calendar.

TUESDAY, March 5, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. Mr. Mitchell.

The Journal of yesterday was read and approved.

The Chair laid before Congress a communication relative to patents; which was referred to the Committee on Patents.

Mr. Nisbet presented to Congress a letter on the subject of postage; which was referred to the Committee on Postal Affairs.

Mr. Nisbet also laid before Congress a communication from Isaac Scott relative to railroad transportation; which was referred to the Committee on Commercial Affairs.

Mr. Ochiltree offered the following resolution:

Resolved, That the Committee on Foreign Affairs take into consideration the expediency of sending to central Europe a consular representative, and that said committee report at its earliest convenience; which, on motion of Mr. Ochiltree, was referred to the Committee on Foreign Affairs.

Mr. Waul presented a letter from Joan Hemphill concerning a light-ship; which was referred to the Committee on Commercial Affairs.

Mr. Curry, from the Committee on Commercial Affairs, reported

0107 107

A bill to establish and organize a light-house bureau; which was read the first and second times, ordered to be placed on the Calendar, and to be printed:

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

An act to repeal so much of the laws of the Confederate States of America as prohibit the introduction of liquors, except in casks or vessels of or above certain-named capacity, and for other purposes.

Mr. De Clouet, from the Committee on Commercial Affairs, to which was referred the memorial of the citizens of Montgomery to establish Montgomery a port of entry, reported adversely to the memorial; and, on motion of Mr. De Clouet, the Committee were relieved from its further consideration.

Mr. De Clouet, from the Committee on Commercial Affairs, reported

A bill to be entitled “An act to provide for the registration of vessels owned in whole or in part by citizens of the Confederate States;” which was taken up, read a first and second time,

The bill being as follows:

The Confederate States of America do enact, That all vessels, wherever built, one or more of which shall be owned by a citizen or citizens of the Confederate States, and commanded by a citizen thereof, shall be registered as a vessel of the Confederacy at the custom-houses thereof: Provided, That a majority in interest of the owners shall consent to such registration, and such vessels be not registered elsewhere.

On motion of Mr. Miles, the blank was filled by the insertion of the words “one-fourth.”

The bill as amended was then ordered to be engrossed for a third reading.

The bill was then read a third time and passed.

There being no business on the Public Calendar,

Congress went into secret session; and after remaining some time therein, adjourned till 10 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

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

An act to provide for the public defense;

A resolution to authorize the President to send an agent to certain Indian tribes;

A resolution to authorize the President to send a commissioner to the convention of the State of Arkansas; and

An act to provide for the registration of vessels owned in whole or in part by citizens of the Confederate States.

A message was received from the President that he had approved and signed

A resolution to authorize the President to send an agent to certain Indian tribes;

A resolution to authorize the President to send a commissioner to the State of Arkansas; and

An act to repeal so much of the laws of the Confederate States of America as prohibit the introduction of liquors, except in casks or vessels of or above certain-named capacity, and for other purposes.

0108 108

The following message was also received from the President:

Executive Office, Montgomery, Ala., March 5, 1861.

Hon. Howell Cobb, President of the Congress.

Sir: Herewith I have the honor to transmit the estimate of the Secretary of War of the amount required for the support of the Army of the Confederate States; also of that requisite for the support of a portion of the provisional army authorized to be raised.

The estimate, it will be observed, is for the authorized strength of the army, and as a large portion of that force will probably not be enlisted or commissioned, there will be a balance of appropriation, which, if permitted, might be used to support additional troops of a provisional army, a character of force which may be more speedily raised and on which we must in any early necessity expect mainly to rely.

JEFFERSON DAVIS.

The message and the estimates of the Secretary of War to which it refers were referred to the Committee on Finance.

Mr. Cobb moved that Congress take a recess from 3.30 o'clock p. m. to 7.30 p. m.; which was agreed to.

On motion of Mr. Kenner, the injunction of secrecy was removed from

An act to repeal so much of the laws of the Confederate States of America as prohibit the introduction of liquors, except in casks or vessels of or above certain-named capacity, and for other purposes.

On motion of Mr. Bartow, the vote by which the bill entitled “An act to provide for the public defense” was passed was reconsidered.

On motion of Mr. Bartow, the vote by which the bill was ordered to be engrossed was also reconsidered.

The seventh section of the bill being as follows:

Sec. 7. And be it further enacted, That whenever the militia or volunteers are called and received into the service of the Confederate States under the provisions of this Act they shall have the same organization and shall have the same pay and allowances as may be provided for the Regular Army; and all mounted noncommissioned officers, privates, musicians, and artificers shall be allowed forty cents per day for the use and risk of their horses, except of horses actually killed in action; and if any mounted volunteer shall not keep himself provided with a serviceable horse, such volunteer shall serve on foot.

On motion of Mr. Bartow, the following words were stricken therefrom, to wit: forty cents per day for the use and risk of their horses, except of horses actually killed in action; and if any mounted volunteer shall not keep himself provided with a serviceable horse, such volunteer shall serve on foot,

And insert in lieu thereof the following: forty cents per day for the use and risk of their horses; and if any volunteer shall not keep himself provided with a serviceable horse, such volunteer shall serve on foot. For horses killed in action, volunteers shall be allowed compensation according to their appraised value at the date of muster into service.

The section as amended is as follows:

Sec. 7. And be it further enacted, That whenever the militia or volunteers are called and received into the service of the Confederate States, under the provisions of this act, they shall have the same organization, and shall have the same pay and allowances as may be provided for the Regular Army; and all mounted noncommissioned officers, privates, musicians, and artificers shall be allowed forty cents per day for the use and risk of their horses; and if any volunteer shall not keep himself provided with a serviceable horse, such volunteer shall serve on foot. For horses killed in action, volunteers shall be allowed compensation according to their appraised value at the date of muster into service.

0109 109

The bill, as amended, was then ordered to be engrossed for a third reading; which having been done, the bill was read a third time and passed.

On motion of Mr. Hale,

Congress adjourned till 10 o'clock to-morrow.

WEDNESDAY, March 6, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. Mr. Rolls.

The Journal of yesterday was read and approved.

Mr. Curry offered the following resolution:

Resolved, That the Committee on the Judiciary be instructed to inquire, into the expediency of prohibiting the importation of slaves from the United States into the Confederate States, except by persons emigrating thereto for purposes of actual settlement and residence; which was adopted.

Congress proceeded to the consideration of the regular order, it being

A bill to establish and organize a bureau in connection with the Department of the Treasury, to be known as the light-house bureau.

The first section being reported, on motion of Mr. Curry the words “or commander” were inserted after the word “captain,” where it first occurs.

On motion of Mr. Curry, the section was further amended by striking out the word “fifteen,” where it occurs, and inserting in lieu thereof the word “twelve.”

The first section, as amended, is as follows:

Section 1. The Congress of the Confederate States do enact, That there shall be established in connection with the Department of the Treasury a bureau, to be known as the light-house bureau. The chief officer of such bureau shall be a captain or commander of the Navy, detailed for this service by order of the President of the Confederate States, who shall receive as his compensation the same pay allowed to officers of the same rank in the Navy. There shall be appointed also a chief clerk, with a salary of twelve hundred dollars, and an accounting clerk, with a salary of one thousand dollars.

Mr. Curry moved that the following be added as the sixth and last section, to wit:

Sec. 6. And be it further enacted, That all laws and parts of laws contravening the provisions of this act be, and the same are hereby, repealed; which was agreed to.

The bill, as amended, was then ordered to be engrossed for a third reading; which having been done, the bill was read a third time and passed.

Mr. Miles presented a memorial from the “Swedish Iron Manufacturing Company,” of South Carolina; which was referred to the Committee on Military Affairs.

There being no further business on the Public Calendar, Congress went into secret session; and after spending some time therein, adjourned till 10 o'clock to-morrow.

0110 110

SECRET SESSION.

Congress having gone into secret session,

The Journal of yesterday was read and approved.

On motion of Mr. Kenner, it was agreed that Congress take a recess from 4 o'clock p. m. till 7.30 o'clock p. m.

Mr. Toombs, from the Committee on Finance, reported

A bill to authorize the issue of Treasury notes; which was read a first and second time and ordered to be placed on the Calendar and to be printed.

A message was received from the President that he had approved and signed

An act to provide for the registration of vessels owned in whole or in part by citizens of the Confederate States.

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

An act to establish and organize a bureau in connection with the Department of the Treasury, to be known as the light-house bureau;

An act to provide for the public defense; and

An act for the establishment and organization of the Army of the Confederate States of America.

A message was received from the President that he had also approved and signed

An act to provide for the public defense; and

An act to establish and organize a bureau in connection with the Department of the Treasury, to be known as the Light-House Bureau.

Mr. Stephens offered the following resolution:

Resolved, That the standing committees of this body on Commercial Affairs, on the Judiciary, on Military Affairs, on Postal Affairs, on Naval Affairs, on Indian Affairs, and on Territories shall consist of six members, and the President be authorized to fill them to this number; which was agreed to; and

In pursuance thereof the Chair made the following appointments:

On Commercial Affairs, Mr. Wahl; Judiciary, Mr. Oldham; Military Affairs, Mr. Gregg; Postal Affairs, Mr. Ochiltree; Naval Affairs, Mr. Oldham; Indian Affairs, Mr. Waul; and Territories, Mr. Ochiltree.

Mr. Marshall, from the Committee on Public Lands, made the following report,:

The Committee on Public Lands, to which was referred the resolution instructing it to inquire into the present condition of the public lands lying within the limits of the Confederate States, and also into the expediency of disclaiming, by the Confederate States, all title or right to the same in favor of the States, respectively, in which any public lands may be situated, beg leave to report:

That the public lands of the United States of America lying in the States of Louisiana and Mississippi have been vested in those States by ordinances passed by their respective State conventions; and that the Committee on Public Lands of the convention of Alabama have recommended to that body the passage of a like ordinance. From the best information they can obtain, the committee are of opinion that those lands are not very valuable, and that but little if any net revenue could be derived from the sale or disposition of them under the administration of this Confederacy, and they, therefore, recommend the adoption of the following resolution:

A resolution in relation to the public lands.

Resolved, That Congress disclaim and relinquish any right or title on the part of these Confederate States to the public lands lying in any of the States of this Confederacy.

On motion of Mr. Stephens, the resolution was ordered to be placed on the Calendar.

0111 111

Congress proceeded to the consideration of

A bill to create the clerical force of the several Executive Departments of the Confederate States of America, and for other purposes,

The first sentence of the fourth clause being as follows:

To the War Department there shall be a chief of the Bureau of War, at an annual salary of three thousand dollars, and five clerks, who shall each receive twelve hundred dollars per annum.

On motion of Mr. Memminger the same was amended by adding thereto the following: and one of them may he appointed disbursing clerk, with an additional salary of six hundred dollars, who shall give bond with sureties, to be approved by the Secretary of War.

The following clause having been read, to wit:

To the Post-Office Department there shall be a chief clerk, at a salary of fifteen hundred dollars per annum, and ten other clerks, five of whom shall receive salaries each of twelve hundred dollars, and five shall receive salaries each of one thousand dollars per annum. And there shall be one messenger, at an annual salary of five hundred dollars.

On motion of Mr. Stephens, the same was amended by inserting after the words “there shall be,” where they first occur, the words “an assistant postmaster-general, at a salary of three thousand dollars, and.”

The clause following being read, to wit:

To the Department of Justice there shall be a chief clerk, at a salary of fifteen hundred dollars per annum, and three other clerks, whose annual salaries shall be each twelve hundred dollars, and also a messenger at a salary of five hundred dollars per annum.

Mr. Sparrow moved to amend the same by striking out the words “a chief clerk,” where they first occur, and inserting in lieu thereof the words “an assistant attorney-general,” and to strike out the words “fifteen hundred” and to insert in lieu thereof the words “three thousand,” and to strike out the words “three other clerks” and to insert the words “one clerk,” and to strike out the word “each.”

Mr. Nisbet moved to amend the amendment of Mr. Sparrow by striking out the words “three thousand” and inserting in lieu thereof the words “two thousand;” which was lost.

Mr. Withers moved to strike out the words “three thousand” and to insert in lieu thereof the words “twenty-five hundred;” which was agreed to.

The amendment offered by Mr. Sparrow, as amended, was agreed to, and the clause as amended is as follows:

To the Department of Justice there shall be an assistant attorney-general, at a salary of twenty-five hundred dollars per annum, and one other clerk, whose annual salary shall be twelve hundred dollars, and also a messenger, at a salary of five hundred dollars per annum.

The second section being as follows:

Sec. 2. The annual salaries of the Assistant Secretary of State, the Assistant Secretary of the Treasury, the Comptroller, the Auditor, the Register, and the Treasurer shall each be the sum of three thousand dollars per annum.

Mr. Curry moved to amend by striking out the same and inserting in lieu thereof the following:

The annual salaries of the Assistant Secretary of State, the Assistant Secretary of the Treasury, shall be each the sum of three thousand dollars; the Comptroller, 0112 112 the Auditor, the Register, and the Treasurer shall each be the sum of twenty-five hundred dollars per annum; which motion was lost.

The third section being reported as follows:

The President of the Confederate States of America is hereby authorized to appoint or employ in his official household the following officers, to wit: One private secretary at an annual salary of twelve hundred dollars, and one messenger at an annual salary of five hundred dollars.

Mr. Withers moved to strike out the same; which was lost.

The bill as amended was ordered to be engrossed for a third reading; which having been done, the bill was read a third time and passed.

Mr. Cobb moved that Congress go into convention for the purpose of considering the Constitution of the Confederate States of America; which was lost, the States voting as follows:

Yea: Alabama and Georgia.

Nay: Louisiana, Mississippi, South Carolina, and Texas.

Florida divided.

Mr. Brooke moved that Congress proceed to the consideration of

A bill to be entitled “An act to establish a patent office and to provide for the granting and issuance of patents for new and useful discoveries, inventions, and improvements;” which was lost.

On motion of Mr. Sparrow,

Congress adjourned till 10 o'clock to-morrow.

EXECUTIVE SESSION.

The Congress having gone into executive session, the following communication was received from the President:

Executive Department, March 6, 1861.

Hon. HOWELL COBB, President of the Congress.

Sir: I hereby transmit for the advice and consent of the Congress the nomination of Edward C. Elmore, of Alabama, to be Treasurer of the Confederate States of America.

JEFFERSON DAVIS.

And the question being,

Will Congress advise and consent to the said nomination?

It was unanimously decided in the affirmative.

So the Congress does advise and consent that Edward C. Elmore, of Alabama, be Treasurer of the Confederate States of America.

The following communication was also received from the President:

Executive Department, March 6, 1861.

Hon. Howell Cobb, President of the Congress.

Sir: I hereby nominate for the advice and consent of the Congress, John H. Reagan, of Texas, to be Postmaster-General of the Confederate States of America.

JEFFERSON DAVIS.

And the question being,

Will Congress advise and consent to the said nomination?

It was unanimously decided in the affirmative.

So the Congress does advise and consent that John H. Reagan, of Texas, be Postmaster-General of the Confederate States of America.

There being no further executive business, Congress resumed the consideration of the business upon the Calendar.

THURSDAY, March 7, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. Mr. Heard.

The Journal of yesterday was read and approved.

Mr. Cobb offered the following:

Whereas Great Britain, France, Prussia, Saxony, and other European powers have passed laws to secure to authors of other States the benefits and privileges of their copyright laws, upon condition of similar privileges being granted by the laws of such States to authors, the subjects of the powers aforesaid: Therefore, be it

Resolved by the Congress of the Confederate States, That the President be, and he is hereby, authorized to instruct the commissioners appointed by him to visit the European powers, to enter into treaty obligations for the extension of international copyright privileges to all authors, the citizens and subjects of the powers aforesaid; which was read a first and second time and ordered to be engrossed for a third reading.

The resolution, having been read a third time, was adopted.

Mr. Clayton, from the Committee on Judiciary, to whom was referred the bill to define the jurisdiction of the Federal courts in certain cases, reported the same back.

The bill was ordered to be placed on the Calendar and to be printed.

There being no business on the Public Calendar,

Congress went into secret session; and after remaining some time therein, adjourned till 10 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

The Journal of yesterday was read and approved.

On motion of Mr. Shorter, the regular orders were postponed and Congress proceeded to the consideration of

A resolution in relation to the public lands.

On motion of Mr. Shorter, the resolution was amended by striking out the word “Congress” and inserting in lieu thereof the words “Confederate States.”

Mr. Withers offered the following as a substitute:

Resolved, That the Confederate States of America do not design to take charge of the public ungranted lands situate within the limits of any of the Confederate States, not intending to include herein such lands as have been ceded to the United States of America or reserved by them for forts, arsenals, navy-yards, light-houses, and custom-houses, or other public establishments.

Mr. Brooke moved to refer the report of the committee, together with the substitute offered by Mr. Withers, to the Committee on Judiciary, and thereon demanded the question.

The question was not seconded.

After further discussion, on motion of Mr. Shorter, the original resolution and substitute were referred to the Committee on Judiciary.

Mr. Morton presented to Congress a copy of

An act passed by the legislature of Florida; which was referred to the Committee on Finance.

Mr. Miles offered the following resolution:

Resolved, That all models or designs for a flag of the Confederate States, which have been referred to the Committee on the Flag, be placed in the custody of the clerk of 0114 114 Congress, who shall return them to the several authors or contributors, at their own expense, whenever they shall apply for the same; which was agreed to, and the injunction of secrecy thereon was ordered to be removed.

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

A resolution in relation to international copyrights.

A message was received from the President that he had approved and signed

An act for the establishment and organization of the Army of the Confederate States of America;

An act to create the clerical force of the several Executive Departments of the Confederate States of America, and for other purposes; and

A resolution in relation to international copyrights.

On motion of Mr. Withers,

Congress adjourned till 10 o'clock to-morrow.

EXECUTIVE SESSION.

The Congress having gone into executive session, the following communication was received from the President:

Executive Department, Montgomery, March 7, 1861.

Hon. Howell Cobb, President of the Congress.

Sir: I hereby transmit for the advice and consent of the Congress the nomination of Braxton Bragg, of Louisiana, to be brigadier-general in the Provisional Army of the Confederate States, under section 4 of the “act to raise provisional forces for the Confederate States of America, and for other purposes,” approved February 28, 1861.

JEFFERSON DAVIS.

And the question being,

Will Congress advise and consent to the said nomination?

lt was unanimously decided in the affirmative.

So the Congress does advise and consent that Braxton Bragg, of Louisiana, be brigadier-general in the Provisional Army of the Confederate States of America.

The following communication was also received from the President:

Executive Department, Montgomery, March 7, 1861.

Hon. Howell Cobb, President of the Congress.

Sir: I hereby transmit for the advice and consent of the Congress the nomination of William J. Hardee, of Georgia, to be colonel of the First Regiment of Infantry in the Army of the Confederate States of America.

JEFFERSON DAVIS.

And the question being,

Will Congress advise and consent to the said nomination?

It was unanimously decided in the affirmative.

So the Congress does advise and consent that William J. Hardee, of Georgia, be colonel of the First Regiment of Infantry in the Army of the Confederate States of America.

Mr. Rhett, from the Committee on Foreign Affairs, made the following report:

The Committee on Foreign Affairs, to whom was referred the nominations of commissioners to the European powers, respectfully report: That they recommend that the Congress advise and consent to the appointment by the President of A. Dudley Mann as one of the commissioners on said mission.

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The report was unanimously concurred in.

So the Congress does advise and consent that A. Dudley Mann be a commissioner to the European powers under the resolution of Congress passed February 13, 1861.

There being no further executive business, Congress resumed the consideration of the business upon the Calendar.

FRIDAY, March 8, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. Mr. Pellicer.

The Journal of yesterday was read and approved.

Mr. Wright presented a letter from Wesley Miller; which was referred to the Committee on Military Affairs.

Mr. Clayton, from the Committee on Judiciary, reported a bill to be entitled

An act to establish a court of admiralty and maritime jurisdiction at Key West, in the State of Florida; which was read a first and second time and ordered to be placed on the Calendar and to be printed.

Mr. Sparrow offered the following resolution:

Resolved, That the Committee on Commerce be instructed to inquire and report the present condition of the custom-house in New Orleans, and what repairs, if any, are immediately necessary to preserve the same from damage, and also to report a bill providing accommodation for the Federal courts in said city, and for the preservation of the records thereof; which was adopted.

Mr. Conrad presented a letter from Alexander Walker relative to providing for the safety of passengers on boats propelled by steam; which was referred to the Committee on Commercial Affairs.

The regular orders on the Public Calendar were postponed for the time and Congress went into secret session; and after remaining some time therein, adjourned till 10 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

The Journal of yesterday was read and approved.

Mr. Anderson laid before Congress a resolution of the convention of Florida; which was ordered to be spread on the Journal, and is as follows:

Resolved, That we heartily and cheerfully indorse and confirm the action of our Delegates in the Southern Congress at Montgomery, Ala., as reported to us by one of said Delegates.

Passed in convention, February 27, 1861.

W. S. HARRIS, Secretary of the Convention.

Mr. Barnwell, from the Committee on Finance, reported

A bill to create the clerical force of the Navy Department; which was read a first and second time and ordered to be engrossed for a third reading.

The bill was then read a third time and passed.

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Mr. Conrad, from the Committee on Naval Affairs, reported

A bill to be entitled “An act to provide for the organization of the Navy;” which was read a first and second time and ordered to be placed on the Calendar and to be printed.

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

An act to create the clerical force of the Navy Department.

A message was received from the President that he had approved and signed

An act to create the clerical force of the Navy Department.

The Chair laid before the Congress the following communication, viz:

Montgomery, Ala., March 8, 1861.

Hon. Howell Cobb, President of the Congress of the Confederate States of America.

Sir: I have been instructed by the State convention of Alabama to communicate, through you, to the body over which you preside, the inclosed resolution.

With the highest respect, I am your obedient servant,

JOHN COCHRAN.

The following is the resolution inclosed in said communication:

Resolved, That the members of the Congress of the Confederate States of America be invited to seats in the hall of this convention in secret and open session.

Attest: A. G. HORN, Secretary.

Mr. Chilton, from the Committee on Postal Affairs, reported

A bill to organize the Post-Office Department; which was read a first and second time and, on motion of Mr. Barnwell, was referred to the Committee on Finance.

Congress proceeded to the consideration of a bill to be entitled

An act to authorize the issue of Treasury notes.

The sixth section being as follows:

Sec. 6. And be it further enacted, That said Treasury notes shall be received by the proper officers in payment of all duties and taxes laid by the authority of the Confederate States of America of, all public hinds sold by said authority, and of all debts to the Confederate States of America, of any character whatever, which may be due and payable at the time when said Treasury notes may be offered in payment thereof; and upon every such payment credit shall be given for the amount of principal and interest, if any, due on the note or notes received in payment on the day when the same shall have been received by such officer.

Mr. Toombs moved to amend the same by inserting after the words “be offered in payment thereof” the words “except the export duty on certain;” which was agreed to, and the section as amended is as follows:

Sec. 6. And be it further enacted, That said Treasury notes shall be received by the proper officers in payment of all duties and taxes laid by the authority of the Confederate States of America, of all public lands sold by said authority, and of all debts to the Confederate States of America, of any character whatever, which may be due and payable at the time when said Treasury notes may be offered in payment thereof, except the export duty on cotton; and upon every such payment credit shall be given for the amount of principal and interest, if any, due on the note or notes received in payment on the day when the same shall have been received by such officer.

Mr. Memminger moved to amend the title of the bill so as to make it read as follows:

A bill to authorize the issue of Treasury notes, and to prescribe the punishment for forging the same, and for forging certificates of stock, bonds, or coupons; which was agreed to.

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Mr. Bartow, from the Committee on Military Affairs: reported

A bill to be entitled “An act making appropriations for the support of 3,000 men for twelve months, to be called into service at Charleston, S.C., under the third and fourth sections of an act of Congress ‘to raise provisional forces for the Confederate States of America, and for other purposes;’” which was referred to the Committee on Finance.

Mr. Bartow also reported

A bill to be entitled “An act making appropriations for the support of the Regular Army of the Confederate States of America for twelve months, and for other purposes;” which was also referred to the Committee on Finance.

Congress then took up for consideration

A bill to be entitled “An act to fix the compensation and mileage of members of Congress.”

The bill being as follows:

The Congress of the Confederate States of America do enact, That the pay of members of Congress shall be eight dollars per day during the session, and that each member shall be allowed ten cents per mile for coming to and ten cents per mile for returning from the place where Congress may assemble for each session, to be computed by the nearest mail route from his residence to the seat of government.

Mr. Hill moved to amend the same by striking out the words “eight dollars per day during the session;” which was lost.

Mr. Withers moved to amend by striking out the words “eight dollars” and inserting in lieu thereof the words “five dollars;” which was lost.

Mr. Waul moved to amend the same by striking out the words “ten cents per mile,” where they occur, and inserting in lieu thereof the words “twenty cents per mile;” which was also lost, the States voting as follows:

Yea: Texas.

Nay: Alabama, Florida, Georgia, Mississippi, and South Carolina.

Louisiana divided.

Mr. Toombs moved to add an additional section to the bill, as follows:

Sec. 2. Be it further enacted, That the pay of the President of the Congress shall be sixteen dollars per day, and the same mileage as the members; which was agreed to.

Mr. Toombs, from the Committee on Finance, made the following report:

The Committee on Finance, to which was referred the “resolution to continue the mints at New Orleans and Dahlonega,” have considered the same and instruct me to report the same back without amendment and to recommend its passage.

R. TOOMBS, Chairman.

Congress took up the resolution.

Mr. Curry moved to amend the same by adding thereto the following words: “ Provided, That the mint at Dahlonega be abolished after twelve months;” which was lost.

The resolution was then ordered to be engrossed; which having been done, was read a third time and adopted, and secrecy ordered to be removed therefrom when approved by the President.

On motion of Mr. Bartow, it was ordered that the injunction of secrecy be removed from all acts passed by the Congress and approved by the President, relative to the organization of military forces for the Confederate States.

0118 118

On motion of Mr. Harrison, it was agreed that Congress take a recess from 3.30 o'clock p. m. to 7.30 o'clock p. m.

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

A resolution to continue the mints at New Orleans and Dahlonega.

Mr. Barnwell offered a bill to provide for an assistant treasurer of the Confederate States of America in the city of New Orleans: which was read the first and second times.

The provisos as follows: Provided, That it shall not be necessary that each surety shall bind himself for the whole amount of the bond, but the aggregate amount for which the sureties are severally bound shall be equal to the full sum of one hundred thousand dollars: Provided: That each surety shall be bound for at least twenty-five thousand dollars;

On motion of Mr. Barnwell, was amended by striking out the words “twenty-five” and inserting in lieu thereof the word “twenty.”

The bill was engrossed as amended, read a third time, and passed.

The title of the bill was then amended, and is as follows:

A bill to provide for an assistant treasurer of the Confederate States of America, and an assistant treasurer of the mint in the city of New Orleans.

Mr. Bartow reported

A bill to admit certain materials for the construction of a telegraphic line from Savannah, in the State of Georgia, to Fort Pulaski free of duty; which was read the first and second times.

On motion of Mr. McRae, the same was amended by adding the following additional section, to wit:

And be it further enacted, That the materials necessary to construct a telegraph line from Mobile to Fort Morgan may also be imported free of duty.

The bill was engrossed, read a third time and passed as amended, under the following title:

A bill to admit certain materials for the construction of a telegraphic line from Savannah, in the State of Georgia, to Fort Pulaski, and a telegraphic line from Mobile to Fort Morgan.

Congress then adjourned until 10 o'clock a. m. to-morrow.

SATURDAY, March 9, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer being offered by Rev. Dr. Petrie,

The Journal of yesterday was read and approved.

Mr. Morton laid before Congress the following resolution adopted by the convention of Florida:

Resolved by the people of Florida in convention assembled, That our delegation to the Southern Congress be, and they are hereby, requested to bring the subject of the maintenance of marine hospitals, light-houses, etc., within the State of Florida to the attention of said Congress and urge an immediate provision for the same.

Done in open convention March 1, 1861.

WILLIAM S. HARRIS, Secretary of the Convention.

(Signed) JOHN C. McGEHEE, President of Convention. which was referred to the Committee on Commerce.

0119 119

Congress proceeded to the consideration of

A bill to be entitled “An act to establish a court of admiralty and maritime jurisdiction at Key West, in the State of Florida.”

The first section thereof being as follows, to wit:

The Congress of the Confederate States do enact, That a court of admiralty and maritime jurisdiction at Key West, in the State of Florida, shall be, and is hereby, created, which shall have cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under the revenue laws or laws of navigation and trade of the Confederate States, when the seizures are made or cause of complaint arises on waters which are navigable from the sea by vessels of ten or more tons burden, as well as upon the high seas, saving to suitors in all cases the right of a common-law remedy, where the remedy at common law is ample and complete. The limits or bounds of said court shall be all that part of the State of Florida which lies south of a line drawn due east and west from the northern point of Charlotte Harbor, including the islands, keys, reefs, shoals, harbors, bays, and inlets south of said line.

Mr. Withers moved to amend the same by striking therefrom the words “limits or bounds of said court shall be,” as they occur, and inserting in lieu thereof the words “said court shall exercise jurisdiction in;” which was agreed to.

The last sentence of the section as amended reads as follows, to wit: The said court shall exercise jurisdiction in all that part of the State of Florida which lies south of a line drawn due east and west from the northern point of Charlotte Harbor, including the islands, keys, reefs, shoals, harbors, bays, and inlets south of said line.

The third section thereof being as follows:

Sec. 3. There shall be appointed by the President, by and with the advice and consent of Congress, a judge of said court for the term prescribed by the Constitution, who shall receive compensation at the rate of dollars per annum, payable quarterly. The judge shall reside at Key West, in the State aforesaid, and shall hold two regular terms of said court in each year, at Key West, the one commencing on the first Monday of May, the other on the first Monday of November, in each year, and shall hold extra sessions of the same from time to time at such places in said district as occasion may require to dispatch the business of said court. And the said court shall be at all times open for the purpose of hearing and determining all cases of admiralty and maritime jurisdiction.

Mr. Anderson moved to fill the blank with the words “thirty-five hundred.”

Mr. Clayton moved to insert “three thousand.”

The question being on the largest amount, the motion of Mr. Anderson prevailed, the States voting as follows:

Yea: Florida, Georgia, Louisiana, and South Carolina.

Nay: Alabama and Mississippi.

Divided: Texas.

The seventh section being as follows:

Sec. 7. The said judge shall also appoint for said court a fit person, learned in the law, to act as attorney for the Confederate States in all matters touching their interest, and in all crimes and offenses against their laws. He shall receive for his services a salary of per annum, payable quarterly, and the further stun of five dollars a day for each day that he may attend said court when in actual session.

Mr. Clayton moved to fill the blank with the words “two hundred [dollars]:” which was agreed to.

Mr. Clayton offered the following as an additional section, to be section 10, to wit:

All writs and processes, either mesne or final, which shall issue from said court, shall bear teste of the judge of said court, and shall be under the seal and signed by the clerk thereof; which was adopted.

0120 120

The bill as amended was then ordered to be engrossed for a third reading; which having been done, the bill was read a third time and passed.

The other regular orders on the Public Calendar were postponed for the time and Congress went into secret session; and after remaining some time therein, adjourned till 10 o'clock Monday next.

SECRET SESSION.

Congress having gone into secret session,

Mr. Toombs, from the Committee on Finance, to which committee was referred

A bill to be entitled “An act further to provide for the organization of the Post-Office Department,” reported the same back with a recommendation that it pass.

Congress proceeded to its consideration.

The bill was ordered to be engrossed for a third reading; which having been done and the bill read a third time, was passed.

Mr. Toombs, from the Committee on Finance, to which committee was referred

A bill to be entitled “An act making appropriations for the support of three thousand men for twelve months, to be called into service at Charleston, South Carolina, under the third and fourth sections of an act of the Congress ‘to raise provisional forces for the Confederate States of America, and for other purposes,’” reported the same back without amendment, with a recommendation that it pass.

Congress having proceeded to its consideration, the bill was ordered to be engrossed for a third reading; which having been done, the bill was read a third time and passed.

Mr. Toombs, from the Committee on Finance, to which committee was referred

A bill to be entitled “An act making appropriations for the support of the Regular Army of the Confederate States of America for twelve months, and for other purposes,” reported the same back without amendment and recommended that it pass.

Congress having proceeded to its consideration, the bill was engrossed, read a third time, and passed.

Mr. Barnwell, from the Committee on Finance, reported

A bill to be entitled “An act to provide revenue, from commodities imported from foreign countries;” which was read a first and second time, ordered to be placed on the Calendar, and to be printed.

It was further ordered that, when printed, the injunction of secrecy thereon be removed.

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

An act to provide for an assistant treasurer of the Confederate States of America, and a treasurer for the mint in the city of New Orleans;

An act to authorize the issue of Treasury notes, and to prescribe the punishment for forging the same and for forging certificates of stock, bonds, or coupons;

0121 121

An act to admit certain materials free of duty, for the construction of telegraphic lines from Savannah, in the State of Georgia, to Fort Pulaski, and from Mobile in the State of Alabama, to FortMorgan; and

An act further to provide for the organization of the Post-Office Department.

A message was received from the President that he had approved and signed

An act to admit certain materials free of duty, for the construction of telegraphic lines from Savannah, in the State of Georgia, to Fort Pulaski, and from Mobile, in the State of Alabama, to Fort Morgan;

An act to authorize the issue of Treasury notes, and to prescribe the punishment for forging the same and for forging certificates of stock, bonds, or coupons;

An act to provide for an assistant treasurer of the Confederate States of America, and a treasurer for the mint in the city of New Orleans;

A resolution to continue the mints at New Orleans and Dahlonega; also

An act further to provide for the organization of the Post-Office Department; the secrecy on which last-named act was ordered to be removed.

The Chair laid before Congress two communications, one of which was referred to the Committee on Military Affairs and the other to the Committee on Finance.

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

An act making appropriations for the support of 3,000 men for twelve months, to be called into service at Charleston, S. C., under the third and fourth sections of an act to raise provisional forces for the Confederate States of America, and for other purposes; also

An act to fix the pay of the members of the Congress of the Confederate States of America.

Mr. Cobb introduced the following bill:

A bill in relation to Sunday mail service.

Section 1. The Congress of the Confederate States do enact, That the Postmaster-General, in the renewal or making of contracts for carrying mails within the Confederate States, shall not require of any contractor to carry or deliver any mails on Sunday. Nor shall he require any deputy postmaster to make up, distribute, receive, or deliver any mail matter or to keep open any post-office on that day.

Mr. Withers moved to refer the bill to the Committee on Postal Affairs, and, at the instance of South Carolina, the yeas and nays thereon were taken and recorded, as follows:

Alabama—Yea: Messrs. Walker, Smith, Curry, Hale, and McRae. Nay: Messrs. Chilton, Shorter, and Fearn.

Florida—Nay: Messrs. Morton and Anderson.

Georgia—Nay: Messrs. Toombs, Howell Cobb, Bartow, Nisbet, Hill, Wright, Thomas R. R. Cobb, and Stephens.

Louisiana divided—Yea: Messrs. Perkins, Kenner, and Sparrow. Nay: Messrs. De Clouet, Conrad, and Marshall.

Mississippi—Yea: Messrs. Barry and Harrison. Nay: Messrs. Harris, Wilson, and Clayton.

South Carolina divided—Yea: Messrs. Chesnut, Miles, Withers, and Boyce. Nay: Messrs. Rhett, Barnwell, Keitt, and Memminger.

0122 122

Texas—Yea: Messrs. Reagan and Ochiltree. Nay: Mr. Waul.

Yea: Alabama and Texas, 2.

Nay: Florida, Georgia, and Mississippi, 3.

Divided: Louisiana and South Carolina, 2.

The motion was lost.

Mr. Kenner offered the following amendment, to wit: Provided, That inasmuch as the people of the States of Louisiana and Texas recognize perfect freedom of conscience and freedom of religious action to worship their Maker at such times and on such days as they think proper, the contracts for carrying the mails in those States be exempted from the provisions of this act.

Mr. Conrad moved to lay the bill and amendment on the table.

Mr. Nisbet called the question; which was seconded, and the motion to lay on the table was lost.

The yeas and nays of the entire body were ordered to be taken, and are as follows:

Alabama—Yea: Messrs. Walker, Smith, and McRae. Nay: Messrs. Curry, Chilton, Hale, Shorter, and Fearn.

Florida—Nay: Messrs. Morton and Anderson.

Georgia—Nay: Messrs. Toombs, Howell Cobb, Bartow, Nisbet, Hill, Wright, Thomas R. R. Cobb, and Stephens.

Louisiana—Yea: Messrs. Perkins, De Clouet, Conrad, Kenner, Sparrow, and Marshall.

Mississippi—Yea: Messrs. Wilson, Barry, and Harrison. Nay: Messrs. Harris and Clayton.

South Carolina divided—Yea: Messrs. Chesnut, Miles, Withers, and Boyce. Nay: Messrs. Rhett, Barnwell, Keitt, and Memminger.

Texas—Yea: Messrs. Reagan, Waul, Gregg, and Ochiltree.

Yea: Louisiana, Mississippi, and Texas, 3.

Nay: Alabama, Florida, and Georgia, 3.

Divided: South Carolina, 1.

On motion of Mr. Cobb, the bill and amendment were then referred to the Committee on Postal Affairs.

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

A bill 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; which was read a first and second time and ordered to be placed on the Calendar and to be printed.

Mr. Bartow, from the Committee on Military Affairs, also reported

A bill making appropriations to carry out the provisions of an act to provide for the public defense; which was referred to the Committee on Finance.

On motion of Mr. Withers,

Congress adjourned till 10 o'clock Monday next.

MONDAY, March 11, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered by the Rev. Dr. Manly.

The Journal of Saturday was read and approved.

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The Chair laid before Congress the following communication and resolution; which, on motion of Mr. Wright, were ordered to be spread upon the Journal, to wit:

Savannah, Ga., March 8, 1861.

Hon. Howell Cobb, President, etc., Montgomery, Ala.

Sir: Under authority of the convention of Georgia I am instructed to lay before the Provisional Congress the inclosed resolution.

I have the honor to be, your obedient servant,

A. R. LAMAR, Secretary.

The following is the resolution:

Convention of Georgia, Savannah, Ga., March 8, 1861.

Resolved, That the people of Georgia in convention assembled most heartily approve the election, by the Congress at Montgomery, of the Hon. Jefferson Davis to the Presidency and the Hon. A. H. Stephens to the Vice-Presidency of the Provisional Government of the Confederate States of America, the duties of which positions their distinguished public services and acknowledged abilities eminently qualify them to discharge.

A true extract from the minutes.

Attest:

A. R. LAMAR, Secretary.

Mr. Withers offered the following resolution: A resolution accepting certain funds tendered to the Confederate States by the State of Louisiana.

Whereas the convention of the State of Louisiana has adopted an ordinance as follows, to wit:

An ordinance to transfer certain funds to the Government of the Confederate States of America.

Section 1. It is hereby ordained that the sum of three hundred and eighty-nine thousand two hundred and sixty-seven and forty-six one hundredths dollars, now in the hands of A. J. Guirot, State depositary, and known as the “Bullion fund,” be transferred to the Government of the Confederate States of America, and that said State depositary be, and he is hereby, authorized and instructed to pay said sum upon the order of the Secretary of the Treasury of said Confederate States.

Sec. 2. It is further ordained, that the sum of one hundred and forty-seven thousand five hundred and nineteen dollars and sixty-six cents, being the balance received by said State depositary from the customs since the thirty-first January last, be transferred to said Government and paid by said depositary upon the order of said Secretary of the Treasury of the Confederate States: Be it therefore

Resolved by the Congress of the Confederate States of America, That the Congress accepts with a high sense of the patriotic liberality of the State of Louisiana, the funds so generously tendered to the Treasury of the Confederate States, and proffered in the ordinance aforesaid; which resolution was agreed to.

Mr. Harrison presented a letter from A. M. Dowling relative to the structure of certain buildings; which was referred to the Committee on Finance.

Mr. Ochiltree offered the following resolution:

Resolved, That the Committee on Finance be instructed to inquire into the expediency of exempting from duties all railroad ears, tenders, iron chairs, spikes, and, generally, all the fixtures necessary to the building and equipping railroads, which were purchased in the United States for the benefit of railroads in the Confederate States prior to the twenty-eighth day of February, A. D. eighteen hundred and sixty-one; which was adopted.

Mr. Hemphill, one of the Delegates from the State of Texas, appeared, took the oath to support the Constitution, and signed the roll of Congress.

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The general orders on the Public Calendar were postponed for the present and Congress went into secret session; and after remaining some time therein, adjourned till 10 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

The Journal of Saturday was read and approved.

Mr. Barnwell offered the following resolutions:

Resolved, That a committee of three members of this body be appointed to revise the statute laws of the United States, and report, in form of a digest, such laws as are applicable to this Confederacy, together with such changes and modifications as they would recommend for the adoption of Congress.

(2) Resolved, That the committee have leave to sit during the recess, and to employ such clerks and to order such printing as they may require, and that they be authorized to draw for the same on the appropriation for the contingent expenses of Congress.

(3) Resolved, That the committee be appointed by the President of the Congress; which were read a first and second time, engrossed, read a third time, and adopted.

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

An act making appropriations for the support of the Regular Army of the Confederate States of America for twelve months, and for other purposes; also

An act to establish a court of admiralty and maritime jurisdiction at Key West, in the State of Florida.

On motion of Mr. Clayton, the unfinished business was postponed for the time, and Mr. Clayton, from the Committee on Judiciary, to which committee was referred the resolution in relation to the public lands, made a report thereon; which was ordered to be printed and laid on the table for the time.

It was also ordered that the Alabama delegation be authorized to inform the convention of Alabama that Congress has the subject of public lands under consideration.

On motion of Mr. Conrad, the Congress postponed the regular order and took up, by sections, the bill for the organization of the Navy.

The first section being as follows, viz.

Section 1. The Congress of the Confederate States do enact, That the President be authorized to appoint the following commissioned officers of the Navy, viz: Four captains, four commanders, lieutenants, five surgeons, and five assistant surgeons, six paymasters, two chief engineers, and as many masters, midshipmen, engineers, naval constructors, boatswains, gunners, carpenters, sailmakers and other noncommissioned or warrant officers and seamen as he may deem necessary.

On motion of Mr. Conrad, the same was amended by filling up the blank with the word “thirty.”

Mr. Boyce moved to amend the same by adding the following proviso, to wit: Provided, however, That the appointments authorized by this bill shall be made only as they may be needed in actual service.

The motion was lost.

Mr. Conrad moved the following as an additional section to the bill, and to be called the sixth section:

Sec. 6. The following officers shall be attached to the Navy Department, to wit:

1. An officer, not below the grade of commander, who shall be charged with the purchase or preparation of ordnance, ordnance stores, and supplies and equipments, 0125 125 and with hydrography, and with such other duties as the Secretary may from time to time assign to him.

2. An officer, not below the rank of lieutenant, and to be designated as the Judge-Advocate-General of the Navy, who shall, under the direction of the Secretary, have charge of all matters and things connected with courts-martial and courts of inquiry, and with the custody of all records and papers thereunto appertaining. Said officer shall also, under the direction of the Secretary, prepare all orders to officers and details of a service, and shall perform such other duties relating to the personnel of the Navy as the Secretary may from time to time direct.

3. A surgeon or assistant surgeon, who shall, under the direction of the Secretary, make all purchases of medicines and medical supplies for the Navy, and perform such other duties appertaining to the medical department as the Secretary may from time to time direct.

4. A paymaster, who shall, under the direction of the Secretary, make all contracts for or purchases of provisions, clothing, and coal for the use of the Navy, and perform such other duties as the Secretary may direct.

The Secretary is authorized to appoint one clerk to aid each of the above officers in the discharge of his duties, whose annual salary shall not exceed fifteen hundred dollars; but the officers therein detailed for duty shall receive no compensation for their services beyond their regular pay on other duty.

The motion prevailed.

On motion of Mr. Conrad, the bill was further amended by striking therefrom the tenth section; which is as follows:

Sec. 10. In any case in which an officer who had previously been attached to the Navy of the United States shall be received into the naval service of the Confederate States, the President is hereby authorized to affix to his commission such date as he may deem proper, and the date so affixed shall be deemed to be that of his appointment: Provided, The date so affixed shall not be more than six months prior to that of his actual appointment.

Mr. Ochiltree moved to amend the bill by adding the following as an additional section, to wit:

No officers appointed under the provisions of this act shall be finally dismissed from the service except upon the finding of a court-martial or court of inquiry after charges duly preferred. And when charges shall be preferred against an officer he shall be furnished with a copy of the same, and shall have the right to appear before the court-martial or court of inquiry to answer the same, either by himself or counsel.

Upon agreeing to the amendment, at the instance of the State of Texas, the yeas and nays of the entire body were ordered to be taken and recorded on the Journal, and are as follows:

Alabama—Yea: Mr. Shorter. Nay: Messrs. Hale and Fearn.

Florida—Yea: Messrs. Morton, Anderson, and Owens.

Georgia—Yea: Mr. Howell Cobb. Nay: Messrs. Toombs, Nisbet, and Wright.

Louisiana—Yea: Mr. Perkins. Nay: Messrs. De Clouet, Conrad, Sparrow, and Marshall.

Mississippi divided—Yea: Messrs. Wilson and Harrison. Nay: Messrs. Clayton and Barry.

South Carolina—Nay: Messrs. Rhett, Keitt, Chesnut, Miles, Withers, and Boyce.

Texas—Yea: Messrs. Reagan, Hemphill, Waul, Gregg, and Ochiltree.

The motion to amend was lost.

Mr. Conrad moved to amend the bill by adding the following additional section, viz:

The President may determine the relative and assimilated rank which officers of the Navy shall hold toward those of the Army.

The motion prevailed.

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

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Mr. Kenner offered the following resolution, to wit:

Resolved, That when this Congress adjourns Tuesday, it stand adjourned till the third Wednesday in May, unless sooner reassembled by the President of the Confederate States; which was postponed for the present.

Mr. Toombs, from the Committee on Finance, to which was referred a bill making appropriations to carry out the provisions of an act to provide for the public defense, reported the same back to the Congress without amendment and recommended that the same do pass.

The bill was ordered to be taken up, was engrossed, read a third time, and passed.

Mr. Toombs, from the same committee, also reported

A bill to make appropriations for the legislative, executive, and judicial expenses of the Government for the year ending February 4, 1862; which was read the first and second times and put on the Calendar and ordered to be printed.

Mr. Toombs, from the Committee on Finance, to which committee was referred an act passed by the legislature of Florida relative to the Pensacola and Georgia Railroad Company, asked to be relieved from its further consideration and that the matter lie on the table for the present.

The report was agreed to.

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

A resolution providing for a digest of laws.

A message was received from the President, through his Private Secretary, Mr. Josselyn, that he had approved and signed the following acts passed by the Congress, to wit:

An act to fix the pay of the members of the Congress of the Confederate States of America;

An act making appropriations for the support of 3,000 men for twelve months, to be called into service at Charleston, S. C., under the third and fourth sections of an act to raise provisional forces for the Confederate States of America, and for other purposes;

An act making appropriations for the support of the Regular Army of the Confederate States of America for twelve months, and for other purposes; and

An act to establish a court of admiralty and maritime jurisdiction at Key West, in the State of Florida.

Mr. Wilson, from the Committee on Engrossment, reported as duly engrossed and enrolled

An act making appropriations to carry out the provisions of an act to provide for the public defense.

Mr. Barnwell offered the following resolution:

Resolved, That when this Congress adjourns on Wednesday next, it will adjourn until the second Monday in May.

Mr. Clayton moved the Congress take a recess till 7.30 o'clock p. m.

The motion was lost.

On motion of Mr. Morton,

Congress adjourned until 10 o'clock a. m. to-morrow.

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EXECUTIVE SESSION.

The Congress having gone into executive session, the following communication was received from the President:

Executive Department, Montgomery, Ala., March 11, 1861.

Hon. Howell Cobb, President of the Congress.

Sir: I herewith transmit for the advice and consent of the Congress the nomination of A. J. Guirot, of Louisiana, to be assistant treasurer of the Confederate States, and treasurer of the mint at New Orleans.

JEFFERSON DAVIS.

And the question being,

Will the Congress advise and consent to the nomination above communicated?

It was unanimously decided in the affirmative.

So the Congress does advise and consent that A. J. Guirot, of Louisiana, be assistant treasurer of the Confederate States, and treasurer of the mint at New Orleans.

There being no further executive business, the Congress resumed the consideration of the business upon the Calendar.

TUESDAY, March 12, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

Prayer was offered up by the Rev. Mr. Cobbs.

The Journal of yesterday was read and approved.

Mr. Wright laid before Congress a memorial from the New Mexican Railway Company; which was referred to the Committee on Territories.

Mr. Withers offered the following resolution:

Resolved, That when the printers of Congress shall have prepared an edition of the laws and resolutions directed to be published, the Secretary of Congress do transmit one copy of the same to each member of this body; which was agreed to.

The regular order on the Public Calendar was postponed for the time and Congress went into secret session; and after remaining some time therein, adjourned till 10 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

The Journal of yesterday was read and approved.

The unfinished business was postponed for the time, and

Mr. Toombs, from the Committee on Finance, reported

A bill to be entitled “An act to regulate foreign coins in the Confederate States;” which was ordered to lie on the table for the present.

The unfinished business was then taken up, it being

A bill to be entitled “An act to establish the judicial courts of the Confederate States of America.”

The bill was considered by sections.

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The second section being as follows:

Sec. 2. That each of the Confederate States shall constitute one district, in which there shall be a court called a district court, to consist of one judge, who shall reside in the State for which he is appointed, and shall received a salary of three thousand dollars a year, payable quarterly.

Mr. Waul moved to amend the same by striking out the word “three,” where it occurs, and inserting in lieu thereof the word “five.”

Mr. Harris demanded the question; which was seconded, and the motion was lost, the States voting:

Yea: Louisiana and Texas, 2.

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

Mr. Sparrow moved to amend the same by striking out the words “of three thousand dollars a year, payable quarterly,” and inserting in lieu thereof the following words: “equal to that paid to a judge of the court of the highest jurisdiction in the State where he resides.”

Mr. Memminger offered the following as a substitute for the proposition offered by Mr. Sparrow, viz: Each of the judges shall receive a salary of four thousand dollars, except the judge for the district of Louisiana, who shall receive the same amount of salary as is paid to the highest judicial officer under the State government of Louisiana.

Mr. Ochiltree demanded the question on the substitute; which was seconded, and the motion was lost, the States voting as follows:

Yea: Louisiana, Texas.

Nay: Alabama, Florida, Georgia, Mississippi.

Divided: South Carolina.

The question recurring on the motion of Mr. Sparrow, Mr. Toombs demanded thereon the question; which was seconded, and the motion prevailed.

The section as amended is as follows:

Sec. 2. That each of the Confederate States shall constitute one district, in which there shall be a court called a district court, to consist of one judge, who shall reside in the State for which he is appointed, and shall receive a salary equal to that paid to a judge of the court of the highest jurisdiction in the State where he resides.

The fourth section being as follows:

Sec. 4. Each of the district judges shall appoint a clerk and a marshal for his court, who shall hold their offices during the Provisional Government, subject to removal by the said judge. They shall each take the oath or affirmation prescribed in the Constitution, and for the faithful discharge of the duties of their respective offices. They shall each give bond with sureties, to be approved by the judge, for the faithful discharge of their respective duties, in the penalty and for the amount which may be prescribed by the judge; but that of the marshal in no instance shall be less than twenty thousand dollars. The marshal may appoint as many deputies as may be necessary, for whose acts he and his sureties shall be bound as for his own.

Mr. Sparrow moved to strike out the words where they first occur, viz: “and a marshal;” which was agreed to.

Mr. Clayton moved to strike out “a,” where it first occurs, and insert in lieu thereof the words “one or more;” which was agreed to.

Mr. Memminger moved to amend the section by striking therefrom the first sentence and inserting in lieu thereof the following:

There shall be a marshal and one or more clerks appointed for each court—the marshal by the President of the Confederate States and the clerks by the judge of such court; which was agreed to.

The eighth section was postponed for the time.

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The tenth section being as follows:

Sec. 10. The district courts shall have jurisdiction, concurrent with the courts of the several States, of all civil suits at common law or in equity where the matter in dispute, exclusive of costs, exceeds the sum or value of five thousand dollars, and where the character of the parties is such as by the constitution to authorize said court to entertain jurisdiction. But no person shall be arrested in any such suit in one district for trial in another; and no civil suit shall be brought before any of said courts against an inhabitant of the Confederate States by any original process in any other district than that of which he is an inhabitant, or in which he shall be found at the time of suing the writ; nor shall any district court have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover such contents if no assignment had been made, except in cases of foreign bills of exchange.

Mr. Clayton moved to amend the same by inserting after the word “arrested,” where it first occurs, the words “or summoned,” and to further amend so as to make the sentence read: “But no person shall be arrested or summoned in any such suit in one division of a district for trial in another,” etc.; which was agreed to.

On motion of Mr. Clayton, the section was further amended by striking out as they occur the words, to wit: “or in which he shall be found at the time of suing the writ.”

Mr. Waul moved to amend the section by inserting after the word “assignee,” where it last occurs, the words “or transferee,” and to insert after the word “assignment,” where it last occurs, the words “or transfer;” which was agreed to, the States voting as follows:

Yea: Alabama, Florida, Louisiana, and Texas.

Nay: Georgia, Mississippi, and South Carolina.

Mr. Smith moved to amend the same section by striking out the words “five thousand dollars,” where they occur, and inserting in lieu thereof the words “five hundred dollars.”

Mr. Toombs demanded the question; which was seconded, and the motion was lost.

The section as amended is as follows:

Sec. 10. The district courts shall have jurisdiction, concurrent with the courts of the several States, of all civil suits at common law or in equity where the matter in dispute, exclusive of costs, exceeds the sum or value of five thousand dollars, and where the character of the parties is such as by the constitution to authorize said court to entertain jurisdiction. But no person shall be arrested or summoned in any such suit in one division of a district for trial in another; and no civil suit shall be brought before any of said courts against an inhabitant of the Confederate States by any original process in any other district than that of which he is an inhabitant; nor shall any district court have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee or transferee, unless a suit might have been prosecuted in such court to recover such contents if no assignment or transfer had been made, except in cases of foreign bills of exchange.

Section twelfth was postponed for the time.

On motion of Mr. Miles, the further consideration of the bill was postponed for the time, and Congress took up

A bill 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.

On motion of Mr. Miles, the fourth section was stricken out and the following inserted in lieu thereof, to wit:

Sec. 4. And be it further enacted, That in all cases of officers who have left, or who may within six months tender their resignations from the Army of the United States, 0130 130 and who have been or may be appointed to original vacancies in the Army of the Confederate States, the commissions issued shall bear one and the same date, so that the relative rank of officers of each grade shall be determined by their former commissions in the United States Army, held anterior to the secession of these Confederate States from the United States.

The bill as amended was then engrossed, read a third time, and passed.

Congress then proceeded to the consideration of

A bill to regulate foreign coins in the Confederate States.

The bill was taken up by sections, was ordered to be engrossed; which having been done, was read a third time and passed.

Mr. Barnwell moved that Congress take a recess till 7.30 o'clock; which was lost, the States voting as follows:

Yea: Georgia, Louisiana, and Mississippi.

Nay: Alabama, Florida, and Texas.

South Carolina divided.

Mr. Ochiltree offered the following resolution: A resolution to authorize the employment of a special messenger to Texas to carry a copy of the Constitution.

Resolved, That the President of this Congress do forthwith employ a special messenger, by whom he shall transmit to the president of the convention of the people of the State of Texas, in session at Austin, in said State, a certified copy of the Constitution of the Confederate States, and that said messenger, upon the certificate of the president of said convention in Texas of the faithful discharge of his duty, shall be entitled to receive the sum of one hundred dollars, to be paid out of any money in the Treasury not otherwise appropriated; which was read a first and second time, engrossed, read a third time, and passed.

Mr. Sparrow moved to take up for consideration the resolution on the table relative to the adjournment of Congress.

The motion was lost.

A message was received from the President that he had approved and signed

An act making appropriations to carry out the provisions of an act to provide for the public defense; also

A resolution providing for a digest of laws.

On motion of Mr. Withers,

Congress adjourned till 10 o'clock to-morrow.

WEDNESDAY, March 13, 1861. Link to Annals.

OPEN SESSION.

Congress met pursuant to adjournment.

After prayer, the Journal of yesterday was read and approved.

Mr. Curry laid before Congress certain expense accounts against the Confederate States; which were referred to the Committee on Accounts.

On motion of Mr. Sparrow, Mr. De Clouet was excused from service on the Committees on Accounts and Commercial Affairs.

Mr. Clayton presented a letter; which was ordered to be spread on the Journal, and is its follows:

Salem, Miss., March 9, 1861.

Judge Clayton: I notice that the Montgomery Congress has authorized a loan, but have seen nothing further on the subject. I have just tendered Governor Pettus 0131 131 $5,000 for the use of our State, and have about the same amount in the hands of E. M. Apperson & Co., of Memphis, which is at the service of the Confederate States of America.

Yours, truly, F. S. LEAK.

Congress, on motion of Mr. Perkins, went into secret session; after remaining some time therein, adjourned till 10 o'clock to-morrow.

SECRET SESSION.

Congress having gone into secret session,

The Journal of yesterday was read and approved.

On motion of Mr. Barnwell, Congress proceeded to the consideration of the resolution relative to the adjournment of Congress.

Mr. Sparrow moved to amend the resolution so that the adjournment would extend to the first Monday of June next.

Mr. Clayton demanded the question; which was seconded, and the motion was lost.

Mr. Hale moved to amend the same by striking out “Thursday, the fourteenth instant,” and inserting in lieu thereof “Saturday, sixteenth instant;” which was agreed to.

The question recurring on agreeing to the resolution as amended, at the instance of the State of Louisiana, the yeas and nays of the entire body were ordered to be recorded, and are as follows:

Alabama—Yea: Messrs. Smith, Chilton, Hale, McRae, and Fearn. Nay: Mr. Curry.

Florida—Yea: Messrs. Morton and Anderson.

Georgia—Yea: Messrs. Howell Cobb and Wright.

Louisiana—Yea: Messrs. Perkins, Conrad, and Sparrow

Mississippi—Yea: Messrs. Wilson Clayton Barry and Harrison.

South Carolina—Yea: Messrs. Rhett, Barnwell, Chesnut, Miles, and Boyce. Nay: Mr. Withers.

Texas—Yea: Messrs. Waul and Ochiltree. Nay: Mr. Hemphill.

On motion of Mr. Wright, Mr. Crawford was excused from further service on the Committee on Accounts.

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

An act amendatory of an act fox the organization of the Army, and an act for the establishment and organization of the Army of the Confederate States; and

A resolution to authorize the employment of a special messenger to Texas to carry a copy of the Constitution.

On motion of Mr. Barnwell, the injunction of secrecy was removed from the provisions of the bill reported from the Committee on Finance relative to tariff.

Congress then proceeded to the consideration of the unfinished business; which was the

Bill to establish the judicial courts of the Confederate States of America.

Mr. Morton, at the instance of the State of Florida, moved to reconsider the vote by which Congress refused to strike out the words “three thousand” and insert in lieu thereof the words “five thousand.”

Mr. Morton demanded the question; which was seconded, and at the instance of the State of Florida the yeas and nays of the whole body were recorded, and are as follows:

Alabama divided—Yea: Messrs. Smith, Chilton, and McRae. Nay: Messrs. Curry, Hale, and Fearn.

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Florida—Yea: Messrs. Morton, Anderson, and Owens.

Georgia—Yea: Mr. Wright. Nay: Messrs. Toombs and Howell Cobb.

Louisiana Nay: Messrs. Perkins, Conrad, and Sparrow.

Mississippi divided—Yea: Messrs. Wilson and Clayton. Nay: Messrs. Barry and Harrison.

South Carolina—Yea: Mr. Boyce. Nay: Messrs. Rhett, Barnwell, Chesnut, Miles, and Withers.

Texas—Yea: Messrs. Hemphill, Waul, and Ochiltree.

Yea: Florida and Texas, 2.

Nay: Georgia, Louisiana, and South Carolina, 3.

Divided: Alabama and Mississippi, 2.

By consent Mr. Conrad, from the Committee on Naval Affairs, reported a bill to authorize the purchase or construction of ten gunboats; which was read the first and second times, put on the Calendar, and ordered to be printed.

Congress resumed consideration of the bill to establish the judicial courts of the Confederate States of America.

The eighteenth section being as follows:

Sec. 18. The judges of the several district courts may, each for his own district, appoint as many commissioners as he may deem necessary to administer oaths and take acknowledgments of deeds or other papers and take depositions, which acts of such commissioner shall have the same force and effect in all the Confederate Staten and the courts thereof as if done by a judge of such court. And any person swearing falsely in any oath or matter before such commissioner shall, upon conviction, be liable to the same punishment as if the oath had been made before such judge. And the same fees shall be allowed such commissioner as are allowed for similar services by the laws of the State in which they are performed. All the powers and authority conferred in and by the preceding section are hereby vested in and may be exercised by any legally appointed notary public in any of the Confederate States or any of the United States.

Mr. Clayton moved to amend the same by inserting between the words “other” and “district” the words “division or,” and by adding after the words “in which he resides” the words “and when his attendance can not be procured, his depositions may be taken;” which was agreed to.

Mr. Clayton moved further to amend by adding to the end of the section the F words, to wit: And the said district courts may, also, on application thereto as a court of equity, direct depositions to be taken to perpetuate testimony relating to matters cognizable in any court of the Confederate States; such depositions to be taken according to the law and practice in the State in which the order is made.

The motion prevailed.

Mr. Conrad moved further to amend the section as amended by adding thereto the following proviso: Provided, That in Louisiana and Texas depositions may in all cases be taken according to the laws regulating the practice of the highest courts of original jurisdiction in those States; which was agreed to.

The last clause of the eighteenth section, on motion of Mr. Sparrow, was amended by adding after the word “conferred” the words “on commissioner's,” and by striking out the word “section” and inserting in lieu thereof the word “clause.”

On motion of Mr. Waul, the clause was further amended by striking out the words “or any of the United States.”

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The clause as amended reads as follows: All the powers and authority conferred on commissioners in and by the preceding clause are hereby vested in, and may be exercised by, any legally appointed notary public in shy of the Confederate States.

Section 19 being as follows:

In all the courts of the Confederate States the parties shall be heard either by themselves or counsel.

On motion of Mr. Sparrow, the same was amended by inserting after the words “the parties shall” the words “have the right to.”

Section 20 having been read as follows:

Sec. 20. Where judgments are a lien upon the property of the defendant in any of the States, they shall have the same lien when rendered in one of the district, courts of the Confederate States as if rendered in a State court, and be subject to the same rules as to enrollment or recording. And the lien of executions shall be the same as in the courts of the State where such district court sits.

Mr. Clayton moved to amend the same by inserting after the first words “when judgments are a” the words “mortgage or,” and after the words “they shall have the same” the words “effect or,” and after the words “rules as to enrollment or recording” the words “of judgments or abstracts of judgments;” which was agreed to.

On motion of Mr. Smith, the section was further amended by adding thereto the following words: But in all cases of conflict between levies of process from the State and Federal courts, the first levy shall have priority.

The section as amended reads as follows:

Where judgments are a mortgage or lien upon the property of the defendant in any of the States, they shall have the same effect or lien when rendered in one of the district courts of the Confederate States as if rendered in a State court, and be subject to the same rules as to or recording of judgments or abstracts of judgments. And the lien of executions shall be the same as in the courts of the State where such district court sits. But in all cases of conflict between levies of process from the State and Federal courts, the first levy shall have priority.

The second and last clause of the twenty-first section being as follows: In all suits in equity the testimony shall be taken in conformity to the law of the State for courts of the highest original jurisdiction in equity in such State. And the district courts may also, on application made thereto as a court of equity, direct depositions to be taken to perpetuate testimony relating to matters cognizable in any court of the Confederate States, such depositions to be taken according to the law and practice in the State where taken.

Mr. Clayton moved to strike the same from the bill; which was agreed to.

The twenty-second section being as follows, to wit:

Sec. 22. Where in any suit at law there are two or more defendants, plaintiff may dismiss his suit as to any one or more and proceed against the other.

On motion of Mr. Chilton, the same was stricken out.

The twenty-eighth section being as follows:

Sec. 28. Every mistake, omission, defect, or imperfection in the process, declaration, pleading, or any of the proceedings in any cause, or in the judgment, shall be amended from time to time, at the instance of either party, so as to secure a trial upon the merits and that justice may be done, subject to any rule for the costs of amendment which the judge may impose.

On motion of Mr. Waul, the same was amended by inserting after the words “at the instance of either party,” as they occur, the words, 0134 134 viz: “according to the several statutes of amendments or jeofails in the State in which the court sits.”

The thirtieth section being as follows, to wit:

Sec. 30. A writ of error, when authorized by law to operate as a supersedeas and stay of execution, shall only have that effect when a copy thereof and citation have been served on the adverse party or his counsel of record.

On motion of Mr. Clayton, the same was amended by adding thereto the following, viz: but no execution shall issue in less than ten days from the rendition of the judgment or decree unless upon affidavit made showing a necessity therefor.

The thirty-second section being as follows:

Sec. 32. There shall be appointed in each of the districts, by the judge thereof, a meet person, learned in the law, to act as a for the Confederate States in such district, who shall be sworn or affirmed to the faith tiff performance of his duty in office, and to support the Constitution; and it shall be his duty to prosecute in such district a delinquents for crimes and offenses cognizable in such court under the laws of the Confederate States, and all civil actions in which the Confederate States shall be concerned, except before the. Supreme Court in the district in which that court shall be holden. And he shall receive as compensation for his services a salary of two hundred dollars per annum, payable quarterly; and ten dollars per diem for every day that he is engaged in attending said court. And where there are three divisions in the district for which he is appointed, he shall be allowed mileage at the rate of ten cents per mile for going to and returning from the court which is most distant from his place of residence, to be computed upon the most usual line of travel.

On motion of Mr. Clayton, the words “the judge thereof,” where they first occur, were, stricken out.

On motion of Mr. Hale, the section was further amended by adding thereto the following, to wit: and in the case of the absence of such attorney from any term of the court, the presiding judge may appoint a fit person to act for him for the term.

Mr. Conrad moved to further amend the section by adding thereto the words, to wit: Provided, That the annual salary of the district attorney of Louisiana shall be two thousand dollars, with the above per diem.

Mr. Harrison moved to lay the stunt on the table; which was agreed to, the States voting:

Yea: Alabama, Florida, Georgia, Mississippi, and South Carolina.

Nay: Louisiana and Texas.

Mr. Hemphill moved to amend the same section by inserting after the words “attending said court,” as they occur, the words “together with such fees as shall hereafter be provided by law;” which was agreed to.

The section as amended is as follows:

Sec. 32. There shall be appointed in each of the districts, by the President, a meet person, learned in the law, to act as attorney for the Confederate States in such district, who shall be sworn or affirmed to the faithful performance of his duty in office, and to support the Constitution; and it shall be his duty to prosecute in such district all delinquents for crimes and offenses cognizable in such court under the laws of the Confederate States, and to prosecute, or defend all civil actions in which the Confederate States shall be concerned, except before the, Supreme Court in the district in which that court shall be holden. And he shall receive as compensation for his services a salary of two hundred dollars per annum, payable quarterly, and ten dollars per diem for every day that he is engaged in attending said court, together with such fees as shall hereafter be provided by law. And where there are three divisions in the district for which he is appointed, he shall be allowed mileage at the rate of ten cents per mile for going to and returning from the court which is most distant 0135 135 from his place of residence, to be computed upon the most usual line of travel; and in case of the absence of such attorney from any term of the court, the presiding judge may appoint a fit person to act for him for the term.

Mr. Memminger offered the following as a separate section, to be the thirty-fifth section, to wit:

Sec. 35. The laws of the several States abolishing imprisonment for debt and providing relief for debtors held in custody shall take effect in favor of alt persons held in custody for debt under the process of the Federal courts of this Confederacy; which was agreed to.

The—section being read, Mr. Smith moved to amend the same by inserting after the words “execution of the sentence or judgment,” where they occur, the words, viz: “upon the execution of such bond as may be required by the State law in similar cases;” which was agreed to.

Mr. Memminger moved to amend the section by striking therefrom the words, as they occur, viz: “or imprisonment in the jail or penitentiary, or fine of one thousand dollars or upwards;” which was lost.

Mr. Conrad moved to strike out the words “the jail or” and also the words “or fine of one thousand dollars or upwards.”

The motion prevailed.

The forty-first section being as follows, viz:

Sec. 41. Final judgments and decrees in civil actions, and final decrees in equity in a district court, where the matter in dispute exceeds in value the sum of five thousand dollars exclusive of costs, may be reexamined and reversed or affirmed upon a writ of error in the Supreme Court, the citation in such case being signed by a judge of the district court or of the Supreme Court, and the adverse party having at least thirty days' notice. Writs of error shall not be brought but within two years after rendering or passing the judgment or decree complained of, or in case the person entitled to such writ of error be an infant, femme covert, non compos mentis, or imprisoned, then within two years, as aforesaid, exclusive of the time of such disability. And every judge signing a citation, or any writ of error, as aforesaid, shall take bond, and good and sufficient sureties, that the plaintiff shall prosecute his writ with effect, and answer all costs if he fail to make good his plea; and no writ of error shall operate as a supersedeas and stay of execution, unless such bond be with sureties and of sufficient amount to secure the whole judgment, if it be affirmed, in addition to the costs. And the said court shall have power to appoint a clerk, who shall take the oath prescribed for the clerks of the district courts, and give bond for the faithful discharge of his duty, in such amount as said court may direct.

On motion of Mr. Clayton, the same was amended by adding thereto the following: whose fees shall be the same as those now allowed to the clerk of the Supreme Court of the United States.

Mr. Sparrow moved to amend the section by striking therefrom the following words, viz: or in case the person entitled to such writ of error be an infant, femme covert, non compos mentis, or imprisoned, then within two years, as aforesaid, exclusive of the time of such disability.

The motion was lost, the States voting:

Yea: Louisiana.

Nay: Alabama, Florida, Georgia, Mississippi, and Texas.

Not voting: South Carolina.

Mr. Hemphill moved to further amend the section by striking there-from the words as they first occur, to wit, “and final decrees in equity.”

The motion was lost.

Mr. Sparrow moved to insert immediately after the words which he moved to strike out the following, to wit: “ Provided, That the exception shall not apply to the State of Louisiana;” which was disagreed to,

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The forty-second section being as follows:

Sec. 42. Where, upon such writ of error, the Supreme Court shall affirm a judgment or decree, they may adjudge or decree to the defendant in error just damages for his delay and all costs. The Supreme Court shall not issue executions in causes that are removed before them by writs of error, but shall send a special mandate to the district court to award execution thereupon.

Mr. Waul moved to amend the same by adding, after the word “delay,” where it first occurs, the following, viz: “not exceeding ten per cent per annum.”

The motion was agreed to.

Mr. Chilton moved to add to the words offered by Mr. Waul the following, to wit: but such damages shall only be given when it is manifest to the court that the appeal or writ of error was taken for delay; which was also agreed to.

On motion of Mr. Smith, the section was further amended by adding thereto the following words: “including lawful costs accruing upon such appeal.”

The section as amended is as follows:

Sec. 42. Where, upon such writ of error, the Supreme Court shall affirm a judgment or decree, they may adjudge or decree to the defendant in error just damages for his delay, not exceeding ten per cent per annum—but such damages shall only be given when it is manifest to the court that the appeal or writ of error was taken for delay—and all costs. The Supreme Court shall not issue executions in causes that are removed before them by writs of error, but shall send a special mandate to the district court to award execution thereupon, including lawful costs accruing upon such appeal.

The forty-third section being as follows, to wit:

Sec. 43. From all final judgments or decrees rendered or which may be rendered in any district court in any cases of equity of admiralty and maritime jurisdiction, and of prize or no prize, an appeal where the matter in dispute, exclusive of costs, exceeds the sum or value of five thousand dollars in equity, or of five hundred dollars in courts of admiralty and maritime jurisdiction, shall be allowed to the Supreme Court, and upon such appeal a transcript of the libel, bill, answer, depositions, and all other proceedings of what kind soever in the cause, shall be transmitted to the said Supreme Court; and no new evidence shall be received in the said court on the hearing of such appeal; and such appeals shall be subject to the same rules, regulations, and restrictions as are prescribed in law in case of writs of error; and the said Supreme Court shall be, and hereby is, authorized and required to receive, hear, and determine such appeals.

On motion of Mr. Chilton, the words “rendered or,” where they first occur, were stricken out.

On motion of Mr. Chilton, the section was further amended by adding thereto the following: Provided always, That appeals or writs of error in any case to the Supreme Court of this Confederacy, from existing judgments or decrees may be taken under the same rules and regulations required by the laws of the United States for appeals or writs of error to the Supreme Court of the United States, existing at the time the said judgments or decrees were rendered.

The forty-sixth section being as follows:

Sec. 46. Be it further enacted, That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the Confederate States; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the Confederate States; or where is drawn in question the construction of any clause of the Constitution, or of a treaty, or statute, or commission held under the Confederate States; in each of these cases the 0137 137 decision may be reexamined and reversed or affirmed in the Supreme Court of the Confederate States, upon a writ of error, the citation being signed by any judge of the said Supreme Court in the same manner and under the same regulations and with the like effect as if the judgment or decree complained of had been rendered or passed in a district court of the Confederate States; and the proceeding upon reversal shall be the same, except that the Supreme Court, instead of remanding the cause for a final decision may, at their discretion, if the cause shall have once been remanded before, proceed to a final decision of the same and award execution. But no other error shall be assigned or regarded as a ground of reversal in any such case as aforesaid than such as appears in the face of the record, and immediately respects the before-mentioned questions of validity or construction of the said Constitution treaties. statutes, commissions, or authorities in dispute.

Mr. Chesnut being in the chair, Mr. Memminger submitted the point of order that the sense of Congress could be taken on the adoption of one section of a bill and that it could be ordered to be engrossed disconnected with the other sections of the bill. The Chair decided to the contrary.

Mr. Withers appealed from the decision of the Chair.

The decision of the Chair was sustained, the States voting as follows:

Yea: Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas.

Nay: South Carolina.

Mr. Harrison moved to strike out the section.

Mr. Waul thereon demanded the question; which was seconded, and the motion was lost.

At the instance of the State of South Carolina, the yeas and nays of the entire body were taken and recorded as follows:

Alabama—Yea: Mr. Curry. Nay: Messrs. Smith and Chilton.

Florida—Nay: Messrs. Morton and Anderson.

Georgia—Nay: Messrs. Toombs, Howell Cobb, and Wright.

Louisiana—Yea: Mr. Perkins. Nay: Messrs. Conrad and Sparrow.

Mississippi—Nay: Messrs. Wilson, Clayton, Barry, and Harrison.

South Carolina—Yea: Messrs. Barnwell, Chesnut, Memminger, Miles, and Withers. Nay: Mr. Boyce.

Texas—Yea: Mr. Ochiltree. Nay: Messrs. Hemphill and Waul.

Mr. Withers moved to amend the section by adding thereto the following: Provided, That the writ of error provided for in this section shall not lie in any case where the judgment of the State court denies that the power in question has been delegated by the States.

Mr. Toombs demanded the question; which was seconded, and the motion was lost.

The yeas and nays were required, and are as follows:

Alabama—Yea: Mr. Curry. Nay: Messrs. Smith, Chilton, and McRae.

Florida—Nay: Messrs. Morton and Anderson.

Georgia—Nay: Messrs. Toombs, Howell Cobb, and Wright.

Louisiana—Yea: Mr. Perkins. Nay: Messrs. Conrad and Sparrow.

Mississippi—Nay: Messrs. Wilson, Clayton, Barry, and Harrison.

South Carolina—Yea: Messrs. Barnwell, Chesnut, Memminger, Miles, and Withers. Nay: Mr. Boyce.

Texas—Nay: Messrs. Hemphill and Waul.

The forty-seventh section being as follows:

Sec. 47. And be it further enacted, That all the records, papers, dockets, depositions, and judicial proceedings of every kind appertaining to the circuit or district courts of the United States, within any of the States of this Confederacy, shall be transferred to the district court of the Confederate States of America in the same State 0138 138 and district in which the same was pending; and the late clerk of said circuit or district courts, or other person in whose custody said records, papers, dockets, depositions, and judicial proceedings may be, shall deliver the same to the clerk of the district court to which they may be transferred under the provisions of this act, and the same shall stand in the same plight and condition in which they were in said circuit and district courts, respectively, and all previous orders therein made shall have the same effect; and the court to which said causes are hereby transferred shall proceed to hear and determine the same according to law.

And the judgments in all civil cases heretofore rendered in said circuit and district courts of the United States remaining unsatisfied shall have the same force and effect. which they had before the secession of the State in which said court is situated; and the same proceedings may be had thereon in the district court of the Confederate States, by execution or otherwise, which might have been taken in the court in which they were rendered at the time of their rendition. And where, under any such judgment of the circuit and district courts of the United States, any execution may have been in part executed by levy on property or otherwise, it shall be the duty of the marshal or officer in whose hands such execution and property may be to turn over the same to the marshal of the Confederate States for the district in which such judgment was rendered, and to take his receipt therefor, and thereupon the said marshal shall proceed to dispose of the same according to the laws in force at the time such judgment was rendered, and pay over the proceeds to the party entitled; and new process shall be issuable in such district courts when requisite.

On motion of Mr. Clayton, the first clause of the section was amended by adding thereto the words: Provided, That all suits which shall have been pending in any of the courts for the space of five years without prosecution shall be considered as abandoned, unless prosecuted within six months from the time of such transfer.

On motion of Mr. Clayton, the section was further amended by inserting, after the words “appertaining to,” the words “any suit now pending in.”

On motion of Mr. Clayton, the section was amended by adding at the end of the first clause the following, viz: and all dockets, books, records, documents, and papers of every kind pertaining to judicial proceedings in any of said courts and to suits heretofore decided therein; and all patents, deeds, records, books, and papers pertaining to any land office which may by law have been deposited with the clerk of any of said courts or transferred to his office for safe-keeping, shall be delivered to the clerk of the district court for the district in which such court is situated, and the same shall be safely kept and preserved by said clerk until otherwise provided by law. And copies of any such records or other papers made out by said clerk of the district court and authenticated according to law shall have the force and effect given to copies of other instruments of like character in such State, and be admissible in evidence in all cases in which copies are admitted as evidence in the courts of the Confederate States.

On motion of Mr. Clayton, the section was also amended by adding at the end of the same the following, to wit: but all suits pending in said courts in which the United States are plaintiffs shall remain suspended, and no further proceedings shall be had therein until the independence, of this Confederacy shall be recognized by the United States; and execution of all judgments rendered in favor of said United States is hereby suspended, and all seizures on executions heretofore made in behalf of the said United States are here, by declared to be inoperative and void, and shall not be renewed until recognition be male of the independence of this Confederacy as aforesaid.

On motion of Mr. Smith, the following was added to the end of the section as amended, viz: But this section shall be subject to such disposition of the causes therein provided for as has been made by the several States before the adoption of the Provisional Constitution, unless said States shall conform their legislation to the provisions in this act contained.

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Mr. Memminger moved that the following be an additional section