Journals of the Confederate Congress, Volume 1 - Feb. 7 - Feb. 14, 1861

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Volume 1 contains the Journal of the Provisional Congress of the Confederate
States of America, the proceedings of the Constitutional Convention in
Montgomery, Alabama, and an appendix containing the Provisional and
Permanent Constitutions of the Confederate States. The Journals of the
Senate, 1st Congress of the Confederate States of America, are found in
volume 2 (1st and 2nd sessions) and volume 3 (3rd and 4th sessions). The
Journals document the proceedings of the open, secret, and executive sessions
of the Senate, which were held in Richmond, Virginia. The Journals of the
Senate, 2nd Confederate Congress, are found in volume 4 (1st and 2nd sessions).

The Journals of the House of Representatives of the 1st Congress of the Confederate 
States of America are found in volume 5 (1st and 2nd sessions) and volume 6 (3rd 
and 4th sessions). The Journals of the House of Representatives of the 2nd Confederate 
Congress are found in volume 7 (1st and 2nd sessions). The Journals document the 
proceedings of the House, including both open and secret sessions.

http://memory.loc.gov/cgi-bin/query/r?ammem/hlaw:@field(DOCID+@lit(cc001T000)):

THURSDAY, February 7, 1861.

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.



Page 25

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


Page 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;


Page 27

               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.


Page 28

               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 imports, 
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.


               Page 29  

               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.


               Page 30  

               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.



Page 31  

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.


Journals of the Congress of the Confederate States of America, 1861-1865
FRIDAY, February 8, 1861.

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,


Page 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."



Page 33  

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.



Page 34  

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.



Page 35  

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


Page 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."



Page 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


Page 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.



Page 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.

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


Page 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


Page 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."

     [Note 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.



Page 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.

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.



Page 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.



Page 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.

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.


     Page 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.



Page 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


Page 47  

that the respective governments of the States represented in this Congress be 
immediately furnished with a copy of this
resolution.

     [Note a: 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.

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.



Page 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. Henry 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


Page 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


Page 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.

Page 51  

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.



Page 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.



Page 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.


THURSDAY, February 14, 1861.

Page 51

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.



Page 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.



Page 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.