Journals of the Confederate Congress, Volume 1 - Feb. 5 - Feb. 6, 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)):


TUESDAY, February 5, 1861.

OPEN SESSION.

The Congress met pursuant to adjournment.

Prayer was offered by Rev. Mr. Mitchell.

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

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

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

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

     First. The vote upon all questions in this Congress, except as hereafter otherwise 
provided, shall be taken by States; each State shall be entitled to one vote. A majority 
of all the States represented shall be necessary to carry any question.

     The delegates of each State may designate the member to cast the vote of their State, 
and upon the motion of any member, seconded by one-fifth of the members present, or at the 
instance of any one State, the yeas and nays of the entire body shall be spread upon the 
Journals upon any question. 

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

     Third. The President having taken the chair, and a quorum being present, the Journal 
of the preceding day shall be read, and any mistakes in the entries shall upon motion then 
be corrected. Fourth. No member shall speak to another, or otherwise interrupt the business 
of the Congress, while the Journals or public papers are being read or when any member is 
speaking in debate. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

          First. The call of the States alphabetically, for memorials or any matter, measure, 
          resolution, or proposition which any member may desire to bring before Congress. 
          
          Second. The call of committees for reports--the call of the committees to be made in 
          the order of their appointment. Such reports of committees as may not be otherwise 
          disposed of when made shall be numbered in the order in which they are presented and 
          be placed in that order on the Calendar of the regular orders of the day.
          
          Third. The Calendar, or the regular orders of the day, shall then be taken up and 
          every resolution, proposition, or measure shall be disposed of in the order in which 
          it there stands. No special order shall be made against this rule, except by a vote 
          of a majority of the States, and such majority may, at any time, change the order of 
          business.

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

     Twenty-first. After any matter is ordered to be engrossed and it has been read a third 
time, the question shall be, Shall the resolution (or the matter, whatever it may be) now pass?
 
     Twenty-second. All resolutions or other matter on the second and third reading may be 
read by the title, unless the reading of the whole shall be desired by a majority of those 
present. 

     Twenty-third. The titles of resolutions and other matters submitted, and such parts 
thereof only as shall be affected by proposed amendments, shall be inserted on the Journals.
 
     Twenty-fourth. No motion for the previous question shall be entertained, but upon the 
call of any member for the question, if seconded by a majority of the members present, the 
vote shall be immediately taken on the pending question, whatever it may be, without further 
debate. 

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

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

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

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

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

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

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

Mr. Curry offered the following resolution, to wit:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When,

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

SECRET SESSION.

The Congress having gone into secret session,

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

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

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

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

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

     Second. For a vice-president. 

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

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

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

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

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

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

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

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

Mr. Hale offered a resolution as follows:

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

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

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

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

Yea: Florida, Mississippi, and South Carolina.

Nay: Alabama, Georgia, and Louisiana.

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

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

Nay: Georgia and Louisiana.

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

The question was now on Mr. Walker's amendment to Mr. Cobb's amendment; which motion was 
entertained by unanimous consent, and is in the words following:

until a provisional congress, consisting of a senate and house of representatives, elected 
in the manner prescribed by the Constitution of the United States, shall be assembled and 
organized in pursuance of such provisions for that purpose as shall be made by this Congress, 
which provisions shall be reported by the committee as part of the plan for a provisional 
government.

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

Yea: Alabama and South Carolina.

Nay: Florida, Georgia, Louisiana, and Mississippi.

Mr. Cobb then withdrew his amendment.

Mr. Barry withdrew his amendment.

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

Yea: Georgia and Louisiana.

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

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

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

Nay: Georgia.

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

     (1) Resolved, That this convention will proceed to the establishment of a provisional 
government. 
     (2) Resolved, That for such provisional government the Constitution of the United States 
of America shall be adopted, with those alterations of form and detail which may be necessary 
to adapt it to the necessities of our situation. 
     (3) Resolved, That for such provisional government a president and vice-president shall 
be elected by this convention to hold their offices under such appointment until an election 
shall be made by the States of the Confederacy, to be formed on the call of this convention, 
and until their successors are inaugurated. 
     (4) Resolved, That in said constitution, or by ordinance to be adopted by this body, the 
calling of a convention to revise and remodel said constitution shall be provided for; the 
time of its assemblage to be fixed with reference to such condition of public affairs as shall 
be favorable to a tranquil consideration of the subject, and to allowing ample time for the 
final action of those States which have not united with the seceding States, and which have 
or may contemplate such  course. 
     (5) Resolved, That on the adoption of such constitution temporarily, this convention will 
recommend the States here represented to send Senators and Representatives to the Congress 
provided for in such constitution as speedily as possible to be appointed by said States in 
any manner they may adopt, and until the meeting of the Congress this convention will take 
such legislative action as the public safety may require.
     (6) Resolved, That such provisional government under the said constitution shall continue 
the government of the Confederacy formed under it until it is altered, amended, or superseded 
by the convention provided for in the fourth resolution, or other legitimate, popular action.

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

Mr. Chilton offered the following resolutions:

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

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

Mr. Stephens offered the following resolution:

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

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

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

     From the State of Alabama--Mr. Walker and Mr. Smith. 
     From Florida--Mr. Anderson and Mr. Owens. 
     From Georgia--Mr. Stephens and Mr. Nisbet. 
     From Louisiana--Mr. Perkins and Mr. Kenner. 
     From Mississippi--Mr. Barry and Mr. Harris. 
     From South Carolina--Mr. Memminger and Mr. Barnwell.

On motion of Mr. Withers,

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


WEDNESDAY, February 6, 1861.

OPEN SESSION.

The Congress met pursuant to adjournment.

Prayer was offered by Rev. Mr. Tichenor.

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

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

To all to whom these presents may come, greeting:

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

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

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

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

By the governor.

Attest:

F. L. Villepigue.

Mr. Morton then signed the roll.

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

Montgomery, Ala., February 6, 1861.

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

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

We are, with high consideration, your obedient servants,

     D. L. SWAIN, 
     M. W. RANSOM, 
     JOHN L. BRIDGERS.

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

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

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

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

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

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

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

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

State of North Carolina, Office of Secretary of State.

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

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

RUFUS H. PAGE,
Secretary of State.

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

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

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

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

On motion of Mr. Toombs,

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