The American Annual Cyclopaedia and Register of Important Events of the Year, 1861-1865, vols. 1-5. New York: Appleton & Co., 1868.

Confederate Congress, 1861

CONGRESS, CONFEDERATE. 1861 No sooner was secession an organized fact in South Carolina with a certainty that other States would soon arrive at the same result, than suggestions were made for a Southern Confederacy. A committee in the Legislature of Mississippi, on January 19, reported resolutions to provide for a Southern Confederacy and establish a Provisional Government. Florida, Alabama, and Georgia at once approved of this general design, and delegates were appointed to a Congress to be held at Montgomery. The design of this Congress, as then understood, was to organize a new Confederacy of the seceding slaveholding States, and such other slaveholding States as should secede and join them; and to establish first, a Provisional Government, intended to prepare for the general defence of those States which were linked together by a common interest in the peculiar institution, and which were opposed to the Federal Union; second, make treaties with the United States and " other foreign" countries; third, obtain decisive legislation in regard to the negro; and, fourthly, determine what States should constitute the Confederacy. On the 4th of February this Congress met at Montgomery, in a hall, on the walls of which, portraits of Marion, Clay, Andrew Jackson, and several of Washington were hanging. It was composed of the following members, except those from Texas who were not appointed until February 14:

South Carolina.—R. B. Rhett James Chesnut, jr., W. P. Miles, T. J. Withers, R. W. Barnwell, C. G. Memminger, L. M. Keitt, and W. W. Boyce.

Georgia.—Robert Toombs, Howell Cobb, Benjamin H. Hill, Alexander H. Stephens, Francis Bartow, Martin J. Crawford, E. A. Nisbett Augustus B. Wright, Thomas R. R. Cobb, and Augustus Keenan.

Alabama.—Richard W. Walker, Robert H. Smith, Colin J. McRae, John Gill Shorter, S. F. Hale, David P. Lewis, Thomas Fearn, J. L. M. Curry, and W. P. Chilton.

Mississippi — Willie P. Harris, Walker Brooke, A. M. Clayton, W. 8. Barry, J. T. Harrison, J. A. P. Campbell, and W. S. 'Wilson.

 Louisiana.—John Perkins, jr., Duncan F. Kenner, C. M. Conrad, E. Spencer, and Henry Marshall. Florida.—-Jackson Morton, James Powers, and J. P. Anderson.

Texas.- T. Wigfall, J. H. Reagan, J. Hemphill. T. N. Waul, Judge Gregg, Judge Oldham, and Judge W. B. Ochiltree.

All the members were present except Mr. Morton, of Florida, and the members from Texas. A permanent organization was made by the election of Howell Cobb, of Georgia, as Chairman, and J. J. Hooper, of Montgomery, Alabama, Secretary.

Mr. Cobb, on taking the chair, made an address. He said:

"Accept, gentlemen of the Convention, my sincere thanks for the honor you have conferred upon me. I shall endeavor, by a faithful and impartial discharge of the duties of the Chair, to merit, in some degree, at least, the confidence you have reposed in mc.

"The occasion which assembles us together, is one of no ordinary character. We meet as representatives of sovereign and independent States, who, by their solemn judgment, have dissolved the political association which connected them with the Government of the United States. Of the causes which have led Page 155 to this decision it is unnecessary now to speak. It is sufficient to announce that by the judgment of our constituents they have been pronounced ample and sufficient. It is now a fixed and irrevocable fact. The separation is perfect, complete, and perpetual.

"The great duty is now imposed upon us of providing for these States a Government for their future security and protection. We can and should extend to our sister States—our late sister States—who are identified with us in interest, feeling, and institutions, a cordial welcome to unite with us in a common destiny —desirous at the same time of maintaining with our former confederates, as with the world, the most peaceful and friendly relations, both political and commercial.

"Our responsibilities, gentlemen, are great, and I doubt not we shall prove equal to the occasion. Let ns assume all the responsibility which may be necessary for the successful completion of the great work committed to our care, placing before our countrymen and the world our acts and their results, as the justification for the course we may pursue, and the policy we may adopt. With a consciousness of the justice of our cause, and with confidence in the guidance and blessings of a kind Providence, we will this day inaugurate for the South a new era of peace, security, and prosperity."

The rules of the Convention were drawn on the principle that it was a Congress of sovereign and independent States, and the members should therefore vote by States.

On the 7th of February, the Committee on a Provisional Government reported a plan which was discussed in secret session. On the 8th, the Constitution of the United States was adopted with some amendments, as follows:

Alterations.—1st. The Provisional Constitution differs from the Constitution of the United States in this: That the legislative powers of the Provisional Government are vested in the Congress now assembled, and this body exercises all the functions that are exercised by either or both branches of the United States Government.

2d. The Provisional President holds his office for one year, unless sooner superseded by the establishment of a permanent government.

3d. Each State is erected into a distinct judicial district, the judge having all the powers heretofore vested in the district and circuit courts; and the several district judges together compose the supreme bench—a majority of them constituting a quorum.

4th. "Wherever the word "Union" occurs in the United States Constitution the word "Confederacy" is substituted.

Additions.—1st. The President may veto any separate appropriation without vetoing the whole bill in which it is contained.

2d. The African slave trade is prohibited.

3d. Congress is empowered to prohibit the introduction of slaves from any State not a member of this Confederacy.

4th. All appropriations must be upon the demand of the President or heads of departments.

Omissions.—1st. There is no prohibition against members of Congress holding other offices of honor and emolument under the Provisional Government.

2d. There is no provision for a neutral spot for the location of a seat of government, or for sites for forts, arsenals, and dock-yards; consequently there is no reference made to the territorial powers of the Provisional Government.

3d. The section in the old Constitution in reference to capitation and other direct tax is omitted ; also the section providing that no tax or duty shall be laid on any exports.

4th. The prohibition against States keeping troops or ships of war in time ot peace is omitted.

5th. The Constitution being provisional merely, no provision is made for its ratification.

Amendments.—1st. The fugitive slave clause of the old Constitution is so amended as to contain the word "slave," and to provide for full compensation in cases of abduction or forcible rescue on the part of the State in which such abduction or rescue may take place.

2d. Congress, by a vote of two-thirds, may at any time alter or amend the Constitution.

Temporary Provisions.—1st. The Provisional Government is required to take immediate steps for the settlement of all matters between the States forming it and their late confederates of the United States in relation to the public property and the public debt.

2d. Montgomery is made the temporary seat of government,

3d. This Constitution is to continue one year, unless altered by a two-thirds vote or superseded by a permanent government.

The tariff clause provided that "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, and all duties, imposts, and excises shall be uniform throughout the Confederacy."

The first section of Article I. is as follows:

"All legislative powers herein delegated shall be vested in this Congress, now assembled, until otherwise ordained."

The fifth article is as follows:

"The Congress, by a vote of two-thirds, may, at any time, alter or amend this Constitution."

The other portions of the Constitution are nearly identical with the Constitution of the United States.

On the next day after the adoption of the Provisional Constitution, at the opening of Congress, the President of the body was sworn by R. W. Walker to support the new Constitution, and the oath was then administered in turn by the President to all the members, in the order in which they were called by States.

At a quarter past twelve o'clock in the afternoon the Congress threw open its doors, after having previously gone into secret session, and proceeded to elect a President. The ballots were taken by States, each State being allowed one vote. On counting, it was found that Jefferson Davis, of Mississippi, had received six votes, the whole number cast. The same formality was gone through in the election of Vice-President, resulting likewise in the unanimous election of Alexander H. Stephens, of Georgia.

An immense crowd had gathered on the floor and in the galleries to witness the election of the first President of " the Confederate States of America." The election of Davis and Page 156 Stephens was greeted with loud cheers and applause from the spectators.

The President of the Convention was directed to appoint Committees on Foreign Affairs, Finance, Military and Naval Affairs, the Judiciary, Postal Affairs, Commerce, Patents, and Printing.

A bill was passed continuing in force, until repealed or altered by Congress, all the laws of the United States which were in force on the 1st of November, 1860, not inconsistent with the Constitution of the Provisional Government.

A resolution was adopted instructing the Finance Committee to report promptly a tariff bill for raising a revenue for the support of the Provisional Government. A resolution was also adopted authorizing the appointment of a Committee to report a Constitution for a permanent Government of the Confederacy.

The name "Confederate States of North America " was also adopted for the Union represented at Montgomery.

At the session on the next day, Mr. Stephens appeared and announced his acceptance of the office of Vice-President, and said:

"I have been notified by the committee of my election as Vice-President of the Provisional Government of the Confederate States of America. The committee requested that I should make known to this body, in a verbal response, my acceptance of the high position I have been called upon to assume, and this I now do in this august presence—before you, Mr. President, before this Congress, and this large concourse of people, under the bright sun and brilliant skies which now smile so felicitously upon us.

"I take occasion to return my most profound acknowledgments for this expression of confidence on the part of this Congress. There are especial reasons why I place an unusually high estimate on it. The considerations which induced me to accept it, I need not state. It is sufficient for me to say that it may be deemed questionable if any good citizens can refuse to discharge any duty which may be assigned them by their country in her hour of need.

"It might be expected that I should indulge in remarks on the state of our public affairs— the dangers which threaten us, and the most advisable measures to be adopted to meet our pressing exigencies; but allow me to say, in the absence of the distinguished gentleman called to the Chief Executive Chair, I think it best that I should refrain from saying any thing on such matters. We may expect him here in a few days—possibly by Wednesday— if he is not providentially detained. When he comes you will hear from him on these difficult questions; and I doubt not we shall cordially and harmoniously concur in any line of policy his superior wisdom and statesmanship may indicate.

"In the mean time, we may be profitably employed in directing attention to such matters as providing the necessary postal arrangements, making provision for the transfer of the custom-houses from the separate States to the Confederacy, and the imposition of such duties as are necessary to meet the present expected exigencies in the exercise of power, and raise a revenue. We are limited in the latter object to a small duty, not exceeding ten per centum upon importations. We can also be devoting 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."

The oath was accordingly administered.

A committee of two from each State was appointed to form a permanent Constitution for the Confederacy.

On the 12th resolutions were offered to continue in office the revenue officers of the respective States.

It was also resolved "That this Government takes under its charge all questions and difficulties now existing between the sovereign States of this Confederacy and the Government of the United States relating to the occupation of forts, arsenals, navy-yards, custom-houses, and all other public establishments, and the President of this Congress is directed to communicate this resolution to the Governors of the respective States of the Confederacy."

On the 13th of February, the Committee on Naval Affairs, and also the Committee on Military Affairs, were instructed to include in any plans they might propose for the army and navy, provisions for such officers as might tender their resignations.

A resolution was also adopted instructing the Committee on Commercial Affairs to inquire and report upon the expediency of repealing the navigation laws.

A debate took place on the subject of a National flag, proposing to make only such changes as might be necessary to distinguish it easily from that of the United States.

Mr. Brooks, in the course of his remarks, said the flag of stars and stripes is the idol of the heart, around which cluster memories of the past which time cannot efface, or cause to grow dim.

Mr. Miles, in reply, said he had regarded from his youth the stars and stripes as the emblem of oppression and tyranny.

The Committee to whom the subject was referred made a report, which was unanimously adopted. It recommended that the flag of the Confederate States should consist of three bars of red and white—the upper red, middle white, lower red. The lower bar should extend the whole width of the flag, and just above it, next to the staff in the upper left hand corner of the flag, should be a blue Union with seven stars in a circle.

The form of Government adopted by the Congress was chiefly objected to, so far as it held out any encouragement for reconstruction, or Page 157 any inducement to the Border Slave States to remain in the Union with the North.

On the 15th, Congress made arrangements for the reception and inauguration of President Davis. An official copy of the Texas secession ordinance was presented, and the deputy present invited to a seat, although the ordinance had not been ratified.

There was then a secret session, during which a resolution was passed removing the injunction of secrecy from an act continuing in office the officers connected with the collection of customs at the time of the adoption of the Constitution of the Confederate States, with the salaries and powers as heretofore provided; the compensation not to exceed five thousand dollars. The collectors were required, within two weeks, to execute the same bonds as heretofore, and the subordinates to give bond. One week after the collectors were required to take the oath to discharge their duties, and support the Constitution of the Provisional Government. The Secretary of the Treasury had been instructed to report a plan, to go into effect on the first of April, diminishing the expenses of collecting the revenue at each custom-house at least fifty per cent.

The 18th was devoted to the splendors and gaieties of a Presidential inauguration, which wa3 regarded as the grandest pageant ever witnessed in the Southern States.

On the 19th, measures were adopted to admit, duty free, all breadstuffs, provisions, munitions of war, or materials therefor, living animals, and agricultural products in their natural state; also goods, wares, and merchandise from the United States purchased before the 1st of March, and imported before the 14th of March. Texas was excepted from the operation of the tariff laws.

On the next day the Departments of "War, Navy, Justice, Postal Affairs, State and Treasury, were organized.

On the 21st, a resolution was introduced by Mr. Cobb instructing the Committee on Finance to inquire into the expediency of laying a duty on cotton exported from the Confederate States to any foreign country.

Mr. Cobb, on presenting the resolution, said:

"I am not prepared to discuss the policy of levying such a duty. That we have the power to do so there can be no doubt. I apprehend that we are conscious of the power we hold in our hands by reason of our producing that staple so necessary to the world. I doubt not that power will exert an influence mightier than armies and navies. We know that by an embargo we could soon place, not only the United States, but many of the European Powers, under the necessity of electing between such a recognition of our independence as we require, or domestic convulsions at home.

"The information in our possession seems to justify such an inquiry as the resolution proposes. It is a fact that some of the cotton now produced in this Confederacy is already seeking a new channel to the sea. We are informed that at Pittsburg, Pennsylvania, more than 20,000 bales of cotton have already been received, conveyed thither up the Mississippi and Ohio rivers. We are also informed that more than 20,000 bales of cotton from Rome, Georgia, have been sent by railroad to seek a port at Norfolk and Alexandria. We are further informed that the directors of the railroads connecting with the principal lines in our territory are now concerting schemes for the purpose of reducing freights on those roads, in order in that way to entice our cotton to markets in Northern ports.

"The result of such a course, if successful, would, in the first place, necessarily be to make the blockade of our ports a matter of no importance to foreign nations; secondly, it would destroy all commerce with our own seaports; and, thirdly, and most important of all, it would compel us to receive all the imported goods we might need after paying duties on them in New York City. These considerations have induced me to offer this resolution of inquiry. I do not think that the resolution should elicit discussion at the present time, but, after the Committee on Finance have made their report, it may become a grave matter for the consideration of this body."

The resolution was adopted.

The President then nominated, and the Congress confirmed, the following: Mr. Toombs, of Georgia, Secretary of State; Mr. Memminger, of South Carolina, Secretary of the Treasury; and L. Pope Walker, of Alabama, Secretary of War.

On the 22d, an act was unanimously passed declaring the free navigation of the Mississippi River to be established.

On the 26th, an act was passed defining more accurately the exemption of duty on certain goods; also, an act modifying the navigation laws; an act in relation to the slave trade, for which the punishment was defined; an act organizing the general staff of the army; and an act authorizing the establishment of additional ports of entry and delivery.

Subsequently the nomination of Gustave T. Beauregard, of Louisiana, as Brigadier-General of the Provisional Army, was confirmed.

An act to raise provisional forces for the Confederate States and for other purposes was passed. It directed, among other provisions, that the President should take charge of all the military operations between the Confederacy and other Powers.

An act was also passed to raise money to support the Government. It authorized the President to borrow $15,000,000, payable in ten years, at an interest of eight per cent. The last section directed an export duty of one-eighth per cent, on each pound of cotton exported after the 1st of August following, to create a fund to liquidate principal and interest of the loan.

The postal system of the Confederate States Page 158 was adopted on the report of the Committee of Congress, made on the 25th of February. The report stated that the expenses, over and above receipts, for the post-office service in the six States (Texas not included) composing the Confederacy, were, for the year ending June 30, 1859, $1,600,595. The Committee recommended an increase of postage rates, by which they estimated an increase of receipts of $578,874. They also recommended a new mode of letting contracts, on what was called the "starbid system," by which it was hoped to save $619,033. Some routes were to be discontinued, by which $206,344 would be saved. Daily service was, in some cases, to be changed to tri-weekly, and thus another $206,344 would be saved. Minor post-offices were to be abolished, and $50,000 saved. These savings and the expected increase were estimated by the Committee to cover the deficiency. Present mail contracts were to be assumed by the Government until all the routes were re-let. The rates of postage proposed were: on each letter of half an ounce or less, five cents for five hundred miles, and ten cents for over five hundred miles; drop and advertised letters two cents. Newspaper postage was put at varying but not high rates. Stamps were to be used. The franking privilege was abolished, except in the case of the Post-Office Department. Letter registration was repealed.

On the 6th of March, the appointment of John H. Reagan, as Postmaster-General, was confirmed.

On the next day, a bill was reported providing that, in the event of a conflict or a refusal by the United States to recognize the independence of the Confederacy, no Court in the Confederate States should have cognizance of civil cases by citizens of the United States, and that all civil cases pending should be dismissed. A resolution was adopted authorizing the President to instruct the Commissioners to the European Courts to enter into a treaty for an extension of international copyright privileges.

On the same day, an act was passed authorizing a military force of 100,000 men to be raised. The first section is in these words:

Sec. 1.  The  Congress of the Confederate. States of America do enact, That in order to provide speedily forces to repel invasion, maintain the rightful possession of the Confederate States of America in every portion of territory belonging to each State, and to secure the public tranquillity and independence against threatened assault, the President be and he is hereby authorized to employ the militia, military, and naval forces of the Confederate States of America, and ask for and accept the services of any number of volunteers, not exceeding one hundred thousand, who may offer their services, either as cavalry, mounted rifle, artillery, or infantry, in such proportion of these several arms as he may deem expedient, to serve for twelve months after they shall be mustered into service, unless sooner discharged.

On the 11th of March the permanent Constitution was adopted by Congress. In nearly all its parts it adopts the precise language, and follows in its articles and sections the order of arrangement of the Constitution of the United States. The parts in which it differs from the latter either by variations from, or additions thereto, are herewith presented. It begins with the following preamble:

We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal Government, establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity—invoking the favor and guidance of Almighty God—do ordain and establish this Constitution tor the Confederate States of America.

The second section of the first article imposes the following restriction on the rights of suffrage, in order to correct an abuse which has sprung from the action of certain States in the Union which have granted the right of voting to unnaturalized aliens:

The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the Confederate States, and  have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.

In adjusting the basis of representation and direct taxation, "three-fifths of all slaves" are enumerated, as in the Constitution of the United States, which substitutes for the word "slaves" the term "other persons." The number of Representatives given prior to an actual enumeration of the population, appointed to take place within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, is as follows:

The State of South Carolina shall be entitled to choose six, the Stale of Georgia ten, the State of Alabama nine, the State of Florida two, the State of Mississippi seven, the State of Louisiana six, and the State of Texas six.

On the subject of impeachments, the following provision is made:

The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment, except that any judicial or other Confederate officer, resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof.

It is provided that the Senators of the Confederate States shall be chosen by the State Legislatures "at the regular session next immediately preceding the commencement of the term of service."

It is provided that the concurrence of " two- thirds of the whole number" of each House shall be necessary to the expulsion of a member.

Congress is authorized to make the following provision in reference to heads of the Executive Departments:

Congress may by law grant to the principal office in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his Department. The President is authorized to make the Page 159 following discrimination in giving his assent to appropriation bills:

The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved, and shall return a copy of such appropriations with his objections to the House in which the bill shall have originated, and the same proceeding shall then be had as in case of other bills disapproved by the President.

The following prohibition of the "protective policy " is engrafted in the Constitution in enumerating the powers of Congress:

No bounties shall be granted from the Treasury, nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry. Internal improvements by the

Confederate Government are also prohibited: Congress shall have power to regulate commerce with foreign nations and among the several States, and with the Indian tribes; but neither this nor any other clause contained in the Constitution shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all of which cases such duties shall be laid on the navigation facilitated thereby as may be necessary to pay the costs and expenses thereof.

The Post-Office Department must pay its expenses from its own resources " after the first day of March, 1863."

In relation to the slave trade, the following provision is made:

The importation of negroes of the African race from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same. Congress shall also have power to prohibit the introduction of slaves from any State not a member of or Territory not belonging to this Confederacy.

The imposition of export duties is restricted by the following provision:

No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses.

The appropriation of money for other objects than those indicated and estimated for by the several Executive Departments is thus restrained:

Congress shall appropriate no money from the Treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the Heads of Department, and submitted to Congress by the President, or for the purpose of paying its own expenses and contingencies, or for the payment of claims against the Confederate States, the justice of which snail have been judicially declared by a tribunal for the investigation of claims against the Government, which it is hereby made the duty of Congress to establish. All bills appropriating money shall specify in Federal currency the exact amount of each appropriation, and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent, or servant, after such contract shall have been made or such service rendered.

Akin to these regulations is the following provision:

Every law or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title.

Tonnage duties when levied by the several States are thus regulated:

No State shall, without the consent of Congress, lay any duty of tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus of revenue thus derived, shall, after making such improvement, be aid into the common treasury; nor shall any State keep troops or ships of war in time of peace, 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. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof.

The President and Vice-President of the Confederate States hold office for the term of six years, the President not being re-eligible. The qualifications of eligibility are as follows:

No person except a natural born citizen of the Confederate States, or a citizen thereof at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the 20th of December, 1860, 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 within the limits of the Confederate States, as they may exist at the time of his election.

Appointments and removals are regulated as follows:

The principal officer in each of the Executive Departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the Executive Department may be removed at any time by the President, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor.

The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session; but no person rejected by the Senate shall be reappointed to the same office during their ensuing recess.

The following provisions are made in reference to the rights of transit and sojourn with slave property, recovery of fugitive slaves, &c.

The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.

A person charged in any State with treason, felony, or other crime against the laws of such State, 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.

No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation Page 160 therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.

The following is the provision in reference to the admission of States into the new Confederacy:

Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives and two-thirds of the Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress.

The "Territorial question" is thus disposed of:

The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Confederate States, including the lands thereof.

The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States lying without the limits of the several States; and may permit them, at such times and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory the institution of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress and by the Territorial government; and the inhabitants of the several Confederate States and Territories shall have the right to take to such Territory any slaves lawfully held by them in any of the States or Territories of the Confederate States.

Amendments to the Constitution are to be thus initiated and consummated:

Upon the demand of any three States, legally assembled in their several Conventions, the Congress shall summon a Convention of all the States to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the said demand is made; and should any of the proposed amendments to the Constitution be agreed on by the said Convention—voting by states—and the same be ratified by the Legislatures of two-thirds of the several States, or by Conventions in two-thirds thereof—as the one or the other mode of ratification may be proposed by the General Convention—they shall thenceforward form a part of this Constitution. T

he following temporary provisions are enumerated:

The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished.

All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the Confederate States under this Constitution as under the Provisional Government.

The mode of ratification and the number of States necessary to put the Constitution in force are thus designated:

The ratification of the Conventions of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution shall prescribe the time for holding the election of President and Vice-President, and for the meeting of the Electoral College, and for counting the votes, and inaugurating the President. They shall also prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government. An act was also passed authorizing the issue of one million dollars in Treasury notes, and an appropriation bill to meet current expenses.

The tariff bill reported to Congress was postponed to the 1st of May. As compared with the tariff of the United States, most of the articles paying 30 per cent, were reduced to 25 per cent.; the larger portion of those paying 24 and 19 per cent, were reduced to 15. There was also a large 10 per cent, schedule, and a very small free list.

The Commissioners appointed to visit Europe were Messrs. Yancey, A. Dudley Mann, and P. A. Rost, of Louisiana. They immediately proceeded by way of New Orleans and Havana to their place of destination.

The Congress also passed an act to authorize the transit of merchandise through the Confederate States; also, a resolution requesting the States to cede the forts, arsenals, navy-yards, dock-yards, and other public establishments within their limits to the Confederacy.

The act passed to prohibit the African slave trade was vetoed by President Davis on the ground of a conflict in the details of one of the sections with the provisions of the Constitution, to wit:

                           EXECUTIVE DEPARTMENT,

                                    February 28,1861.

Gentlemen of Congress: With sincere deference to the judgment of Congress, I have carefully considered the bill in relation to the slave trade, and to punish persons offending therein, but have not been able to approve it, and, therefore, do return it with a statement of my objections.

The Constitution—section seven, article one—provides that the importation of African negros from any foreign country other than Slaveholding States of the United States is hereby forbidden, and Congress is required to pass such laws as shall effectually prevent the same. The rule herein given is emphatic, and distinctly directs the legislation which shall effectually prevent the importation of African negroes. The bill before me denounces as high misdemeanor the importation of African negroes, or other persons of color, either to be sold as slaves or to be held to service or labor, affixing heavy, degrading penalties on the act if done with such intent. To that extent it accords with the requirements of the Constitution, but in the sixth section of the bill provision is made for the transfer of persons who may have been illegally imported into the Confederate States to the custody of foreign States or societies, upon condition of deportation and future freedom, and, if the proposition thus to surrender them shall not be accepted, it is then made the duty of the President to cause said negroes to be sold at public outcry to the highest bidder in any one of the States where such sale shall not be inconsistent with the laws thereof. This provision seems to me to be in opposition to the policy declared in the Constitution— the prohibition of the importation fit African negroes —and in derogation of its mandate to legislate for the effectuation of that object. Wherefore the bill is Page 161 returned to you for your further consideration, and, together with the objections, most respectfully submitted.

                                               JEFFERSON DAVIS.

This veto of the President was sustained in Congress by the following vote—the question being, "Shall the bill pass notwithstanding the President's objections?"

Yeas—Messrs. Curry and Chilton, of Alabama ; Morton and Owens, of Florida; Toombs, H. Cobb, T. R. R. Cobb, Barton, Nisbit, and Kenan, of Georgia; Rhett, Barnwell, Keitt, and Miles, of South Carolina; Ochiltree, of Texas—15.

Nays—Messrs. Smith, Hale, Shorter, and Dean, of Alabama; Wright and Stephens, of Georgia; DeClouet, Conrad, Kenner, Sparrow, and Marshall, of Louisiana; Harris, Brooke, Wilson, Clayton, Barry, and Harrison, of Mississippi; Chesnut, Withers, and Boyce, of South Carolina; Reagan, Waul, Gregg, and Oldham, of Texas—24.

The clause in the permanent Constitution of the Confederate States prohibiting the African slave traffic was adopted in the Montgomery Congress by the vote of four States to two. South Carolina and Florida opposed the restriction, while Georgia, Alabama, Louisiana, and Mississippi advocated it.

An act was also passed to accept from the State of Louisiana the offer of a certain amount of the moneys of the United States, taken possession of by order of the State authorities, from the mint and sub-treasury.

On the 29th of April Congress assembled at Montgomery, in compliance with the proclamation of President Davis. This proclamation convoking Congress, was issued on the 12th of April, "and was prompted," -says President Davis, "by the declaration of hostile purposes contained in the Message sent by President Lincoln to the Government of South Carolina on the 8th of April.

H. C. Jones and Nicholas Davis, jr., elected to till the vacancies occasioned by the resignations of David P. Lewis and Thomas Feavre, from Alabama, were qualified and took their seats.

Louis T. Wigfall appeared, from the State of Texas, and J. A. Orr, the successor of W. S. Wilson, of Mississippi, and were qualified.

The Message of President Davis was then read. (See PUBLIC DOCUMENTS.)

It announced the ratification of the Permanent Constitution by all the States of the Confederacy.

The President said the declaration of war made against the Confederacy by Abraham Lincoln rendered it necessary to convene Congress, to devise proper measures for the defence of the country.

He reviewed at length the relations heretofore existing between the States, and the events which resulted in the present warfare. Referring to the mission of the Confederate State Commissioners to Washington, he said the "crooked paths of diplomacy can scarcely furnish an example so wanting in courtesy, in candor, and directness, as was the course of the United States Government towards our Commissioners."

Commissioners had been sent to England, France, Russia, and Belgium, to ask their recognition of the Confederate States as a member of the family of nations, to make treaties, &c. He recommended the appointment of other diplomatic agents.

The Confederacy, he said, through "Vice-President Stephens, had concluded a Convention with Virginia, by which Virginia had united her citizens and their fortunes with them. He had satisfactory assurances that other Southern States would soon unite with the Confederacy. Nearly all of the Executive departments were in successful operation. The Postmaster-General would soon be ready to assume the direction of postal affairs.

In conclusion, he congratulated the Confederacy on the patriotic devotion exhibited by her citizens—men of high official and social position and wealth were serving in the volunteer ranks. He spoke complimentarily of the railway companies for their liberal rates of transportation of troops and supplies, and of their proffer of liberal terms in transporting the mails, and to take pay in bonds of the Confederacy, no said: "A people thus united and resolved cannot fail of final success. We feel that our cause is just and holy, and protest solemnly in the face of mankind that we desire peace at any sacrifice, save that of honor and independence. We seek no conquest, no aggrandizement, no concessions from the Free States. All we ask is to be let alone—that none shall attempt our subjugation by arms. This we will and must resist to the direst extremity. The moment this pretension is abandoned the sword will drop from our hands, and we shall be ready to enter into treaties of amity and commerce mutually beneficial. So long as this pretension is maintained, with firm reliance on that Divine power which covers with its protection the just cause, we will continue to struggle for our inherent right to freedom, independence, and self-government."

On the 6th of May Congress passed an act recognizing a state of war with the United States, and authorizing the issue of letters of marque. The preamble and first section were as follows:

Whereas, The earnest efforts made by this Government to establish friendly relations between the Government of the United States and the Confederate States, and to settle all questions of disagreement between the two Governments upon principles of right, justice, equity, and good faith, have proved unavailing, by reason of the refusal of the Government of the United States to hold any intercourse with the Commissioners appointed by this Government for the purposes aforesaid, or to listen to any proposal they had to make for the peaceful solution of all causes of difficulties between the two Governments; and whereat, the President of the United States of America has issued his proclamation, making requisition upon the States of the American Union for seventy-five thousand men, for the purpose as therein indicated of  Page 162 capturing forts, and other strongholds within the jurisdiction of, and belonging to, the Confederate States of America, and has detailed naval armaments upon the coasts of the Confederate States of America, and raised, organized, and equipped a large military force to execute the purpose aforesaid, and has issued his other proclamation, announcing his purpose to bet on foot a blockade of the ports of the Confederate States; and whereas, the State of Virginia has seceded from the Federal Union, and entered into a convention of alliance, offensive and defensive, with the Confederate States, and has adopted the Provisional Constitution of the said States, and the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas, and Missouri have refused, and it is believed that the State of Delaware and the inhabitants of the Territories of Arizona and New Mexico, and the Indian Territory south of Kansas, will refuse to cooperate with the Government of the United States in these acts of hostilities and wanton aggression, which are plainly intended to overawe, oppress, and finally subjugate the people of the Confederate States; and whereas, by the acts and means aforesaid war exists between the Confederate States and the Government of the United States, and the States and Territories thereof, excepting the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas, Missouri, and Delaware, and the Territories of Arizona, and New Mexico, and the Indian Territory south of Kansas: Therefore,

Sec. 1. The Congress of the Confederate States of America do enact. That the President of the Confederate States is here by authorized to use the whole land and naval force of the Confederate States to meet the war thus commenced, and to issue to private armed vessel*, commissions, or letters of marque and general' reprisal, in such form as he shall think proper, under the seal of the Confederate States, against the vessels, goods, and effects of the Government of the United States, and of the citizens or inhabitants of the States and Territories thereof, except the States and Territories hereinbefore named. Provided, however, that property of the enemy (unless it be contraband of war) lad en on board a neutral vessel, shall not be subject to seizure under this Act; and provided further, that vessels of the citizens or inhabitants of the United States now in the ports of the Confederate States, except such as have open, since the 5th of April last, or may hereafter be, in the service of the Government of the United States, shall be allowed thirty days after the publication of this Act to leave said ports and reach their destination; and such vessels and their cargoes, excepting articles contraband of war, shall not be subject to capture under this Act, during said period, unless they shall have previously reached the destination for which they were bound on leaving said porta

On the 7th, the ordinance of the Virginia State Convention uniting the State to the Confederate States, and the treaty concluded by Vice-President Stephens and the Commissioners of Virginia, were presented. Another ordinance was adopted ratifying the action of these Commissioners and recognizing Virginia as one of the Confederate States. J. W. Brockenbrough and Walter R. Staples, members elect from Virginia, were sworn in and took their seats as members of the Congress. The time of the Convention was passed almost entirely in secret session. George T. Ward, successor of J. P. Anderson, of Florida, also appeared.

On the 8th, Congress was in secret session, and engaged in perfecting arrangements for a vigorous prosecution of the war. It was estimated that the Government had control of sufficient arms, ordnance, and ammunition of every description to put into the field one hundred and fifty thousand men.

On the 9th, an act was passed to authorize the President to accept the services of volunteers without regard to the place of enlistment.

On the 11th, a bill was reported to establish a patent-office. This was passed on the 17th.

A Message was also received from President Davis, recognizing T. J. Clingman as a commissioner from North Carolina, and conveying the assurance that the State would cooperate with the Confederate States. Mr. Clingman was then invited to take a seat in the public and secret session of Congress, and to participate in the discussions. Many appointments of judges and marshals were then confirmed.

On the 18th, a bill was passed authorizing the issue of fifty millions of dollars in bonds, payable in twenty years, with interest not exceeding eight per centum, or, in lieu of bonds, the issue of twenty millions in Treasury notes in small sums without interest.

An act was passed abolishing the mints at New Orleans and Dahlonega after the 1st of June.

Arkansas was admitted as one of the Confederate States.

On the same day another bill was passed forbidding the people of the Confederate States to pay any debts due from them to the citizens of the Northern and Northwestern States. The following is the act:

Sec. 1. The Congress of the Confederate States of America do enact, that all persons in any manner indebted to individuals or corporations in the United States of America, (except the States of Delaware, Maryland, Kentucky, and Missouri, and the District of Columbia,) be and are hereby prohibited from paying the same to their respective creditors, or their agents or assignees, pending the existing war waged by that Government against the Confederate States, or any of the slaveholding States before named.

Sec. 2. Any person indebted as aforesaid shall be and is hereby authorized to pay the amount of his indebtedness into the Treasury of the Confederate States in specie or Treasury notes, and shall receive from the Treasurer a certificate, countersigned by the Register, showing the amount paid and on what account, and the rate of interest which the same was bearing.

Sec. 3. Such certificate shall bear like interest with the original contract, and shall be redeemable at the close of the war and the restoration of peace, in specie or its equivalent, on presentation of the original certificate. Sec.

4. All laws and parts of laws militating against this act shall he and the same are hereby repealed.

                  HOWELL COBB, President of the Congress.

Approved, May 21, 1861.

                                         JEFFERSON DAVIS.

On the 22d, an adjournment was made to meet at Richmond on the 20th July. The object of this removal was to strengthen the Government by its influence in Virginia.

The tariff bill was passed with some unimportant amendments; but such was the efficiency of the blockade of the ports of these Confederate States, that at the close of the year it had yielded no revenue to the Government.

A committee, consisting of Messrs. Rives, Hunter, and Memminger, was also appointed to make arrangements to transfer the military department to Richmond.

On Saturday, July 20, the Congress again assembled. It convened in the ball of the House of Delegates at Richmond, in Virginia. About seventy members out of ninety-two were present. Messrs. Scott, Tyler, Prior, Bocock, Mason, and Preston were absent. The President's Message was received and read, and five thousand copies ordered to be printed. (See PUBLIC DOCUMENTS.) Afterwards a secret session commenced. A standing resolution required that all business relating to the public defence should be discussed in secret session, and although it did not extend to other subjects, yet these were soon included.

The report of the Secretary of War stated that one hundred and ninety-four regiments and thirty-two battalions had then been accepted, besides various detachments of artillery and companies of cavalry not made into regiments. He also recommended that Congress should call forth and accept three hundred regiments, in view of the immense additions to the forces of the Federal Government.

R. M. T. Hunter, of Virginia, was nominated and confirmed as Secretary of State in place of Robert Toombs, resigned.

The principal business of the session was to provide ways and means to sustain the operations of the Government. A disposition prevailed to look in a considerable measure to the action of the banks. (See FINANCES, U. S.) This action, however, was somewhat embarrassed by the banks at New Orleans, which continued to pay specie, as they otherwise would forfeit their charters. The banks of Mobile still continued to pay specie, although not subject to such a penalty on suspension.

An act was adopted which prescribed a uniform mode of taking, authenticating, and preserving the evidence of the abduction or reception by the enemy, of slaves owned by any of the Confederate States, as also of the age, sex, and value of said slaves, to the end that indemnity might hereafter be exacted from the enemy.

Another act was passed in relation to the telegraph, which illustrates the degree of power concentrated in the bauds of the military leaders, and shows the prudent surveillance exercised by them over military matters. It was in these words:

"During the existing war the President is hereby authorized and empowered to take such control of such of the lines of telegraph in the Confederate States, and of such of the offices connected therewith, as will enable him effectually to supervise the communications passing through the same, to the end that no communications shall be conveyed of the military operations of the Government to endanger the success of such operations, nor any communication calculated to injure the cause of the Confederate States, or to give aid or comfort to their enemies.

"The President shall appoint trustworthy agents in such offices and at such points on the various lines as he may think fit, whose duty it shall be to supervise all communications sent or passing through said lines, and to prevent the transmission of any communication deemed to be detrimental to the public service.

"In case the owners and managers of said lines shall refuse to permit such supervision, or shall fail or refuse to keep up and continue the business on said lines, the President is hereby empowered to take possession of the same for the purposes aforesaid.

"The President shall from time to time issue instructions to the agents so appointed, and to the operators of the various lines, to regulate the transmission of communications touching the operations of the Government, or calculated to affect the public welfare.

"No communication in cipher nor enigmatical or other doubtful communication shall be transmitted, unless the person sending the same shall be known to the agent of the Government to be trustworthy, nor until the real purport of such communication shall be explained to such agent.

"If any person shall knowingly send or transmit any message or communication touching the military operations of the Government, without the same being first submitted to the inspection of the agent of the Government, or any message calculated to aid and promote the cause of the enemies of the Confederate States, he shall be subject to indictment in the District Court of the Confederate States, and on conviction, shall be fined in a sum not less than five hundred dollars and imprisoned for a term not less than one year."

An act was also passed relative to alien enemies. It makes all citizens within the Confederacy of any nation with which the Confederate States are at war, enemies who shall be liable to be apprehended, restrained, or secured, and removed as alien enemies, unless steps are taken for naturalization.

The official reports made the number of men in the field at this time 210,000. Upon which an act was passed further to provide for the public defence, of which the following was the first section:

Sec. 1. The Congress of the Confederate States of America do enact, That in order to provide additional forces to repel invasion, maintain the rightful possession of the Confederate States of America, and to secure the independence of the Confederate States, the President be, and he is hereby, authorized to employ the militia, military and naval forces of the Confederate States of America, and to ask for and accept the services of any number of volunteers, not exceeding four hundred thousand, who may offer their services, either as cavalry, mounted riflemen, artillery, or infantry, in such proportions of these several arms as he may deem expedient, to serve for a period of not less than twelve months, nor more than three years after they shall be mustered into service, unless sooner discharged.

The nomination of Gustave T. Beauregard to the rank of General was made and confirmed unanimously. This is the highest denomination known under the act organizing the army of the Confederate States, passed May 16,1861. The commission was to bear date from July 21st, the day of the battle at Manassas, This promotion Page 164 was first communicated to General Beauregard, by President Davis, in the following letter:

                                           MANASSAS, July 21, 1861.

Sir: Appreciating your services in the battle of Manassas, and on several other occasions during the existing war, as affording the highest evidence of your skill as a commander, your gallantry as a soldier, and your zeal as a patriot, you are promoted to be a General in the army of the Confederate States of America, and with the consent of Congress will be duly commissioned accordingly.

                             Yours, &c.,

                                     JEFF. DAVIS.

On the 21st of August, President Davis approved an act empowering him to appoint two other Commissioners to Europe. The act empowered the President to determine to what nations the Commissioners now in Europe should be accredited, and to prescribe their duties. The two additional Commissioners would receive the same pay as those now in Europe.

The President also approved an act for the aid of the State of Missouri in repelling the invasion, and to authorize her admission into the Confederacy. The preamble set forth that the people of Missouri had been prevented by the unconstitutional interference of the Federal Government from expressing their will in regard to union with the Confederate States, and that Missouri was engaged in repelling the lawless invasion of her territory by armed forces. The Confederate Government considered it their right and duty to aid the Government and people of Missouri in resisting this invasion, and securing the means and opportunity of expressing their will upon all questions affecting their rights and liberties.

The President was authorized to cooperate, through the military power of the Government, with the authorities of Missouri in defending that State against the lawless invasion of their soil by the United States, in maintaining the liberty and independence of Missouri, with power to accept the services of troops sufficient to suit the purpose. The act provided for the admission of Missouri to the Confederacy, on an equal footing with the other States, when the Provisional Constitution should be ratified by the legally constituted authorities of Missouri, and an authenticated copy be communicated to the President.

The President would then, in accordance with the provisions of the act, issue his proclamation announcing the admission of Missouri into the Confederacy. She recognized the Government in Missouri of which Claiborne F. Jackson was Chief Magistrate.

A bill was passed providing for the sequestration of the property of alien enemies. This bill was framed as a retaliatory measure, to offset the confiscation act of the United States Congress.

Congress called upon the Navy Department for an estimate of the amount required to construct two gunboats for the defence of the city of Memphis and the Mississippi River in that neighborhood, upon a special plan which had been submitted to the Department.

The measure adopted to furnish funds to the Government authorized the issue of Treasury notes and funds, and provided for a war tax. Section one authorized the issue of Treasury notes, payable to bearer at the expiration of six months after the ratification of a treaty of peace between the Confederate States and the United States. The notes were not to be of a less denomination than five do! lars, to be re-issued at pleasure, to be received in payment of all public dues, except the export duty on cotton; and the whole issue outstanding at one time, including the amount issued under former acts, was not to exceed one hundred millions of dollars.

Section two provided that, for the purpose of funding the said notes, or for the purpose of purchasing specie or military stores, Ac, bonds might be issued, payable not more than twenty years after date, to the amount of one hundred millions of dollars, and bearing an interest of eight per cent, per annum. This amount included the thirty millions heretofore authorized to be issued. The bonds were not to be issued in less amounts than $100, except when the subscription was for a less amount, when they might be issued as low as $50.

Section three provided that holders of Treasury notes might at any time exchange them for bonds. Section four provided that, for the special purpose of paying the principal and interest of the public debt, and of supporting the Government, a war tax should be assessed and levied of fifty cents upon each one hundred dollars in value of the following property in the Confederate States, namely: Real estate of all kinds; slaves; merchandise; bank stocks; railroad and other corporation stocks; money at interest or invested by individuals in the purchase of bills, notes, and other securities for money, except the bonds of the Confederate States of America, and cash on hand or on deposit in bank or elsewhere; cattle, horses, and mules, gold watches, gold and silver plate; pianos and pleasure carriages; provided, however, that when the taxable property, herein above enumerated, of any head of a family was of value less than five hundred dollars, such taxable property should be exempt from taxation under the act. It provided further, that the property of colleges, schools, and religious associations should be exempt.

The remaining sections provided for the collection of the tax.

A resolution was adopted as early as the 8th of August, the object of which was to place the Confederacy in a favorable position at the Courts of Great Britain and France, on the rights of neutrals and belligerents. This was no less than an expression of adhesion to the declaration made at the Congress of Paris, excepting the first clause. (See DIPLOMATIC CORRESPONDENCE OR THE UNITED STATES.) The resolution adopted was in these words:

Whereas it has been found that the uncertainty of maritime law in time of war has given rise to differences of opinion between neutrals and belligerents, which may occasion serious misunderstandings, and even conflicts; and whereas the Plenipotentiaries of Great Britain, France, Austria, Prussia, Sardinia, and Russia, at the Congress of Paris of 1856, established a uniform doctrine on this subject, to which they invited the adherence of the nations of the world, which is as follows:

1. That privateering is and remains abolished.

2. That the neutral flag covers the enemy's goods, with the exception of contraband of war.

3. That neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag; and

4. That blockades, in order to be binding, must be effective; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.

And whereas it is desirable that the Confederate States of America shall assume a definite position on so important a point; now, therefore, be it

Resolved, That the Congress of the Confederate States of America accept the second, third, and fourth clauses of the above-cited declaration, and decline to assent to the first clause thereof.

The prohibition of the exportation of cotton, except through Confederate ports, was extended by Congress to embrace rice, sugar, molasses, and straps.

An act was also passed for the sequestration of all Northern property found in the State. The principal clause of the act was as follows:

Be it enacted by the Congress of the Confederate States, That all and every the lands, tenements, and hereditaments, goods and chattels, rights and credits within these Confederate States, and every right and interest therein held, owned, possessed, or enjoyed by or for any alien enemy since the twenty-first day of May, 1881, except such debts due to an alien enemy as may have been paid into the Treasury of any one of the Confederate States prior to the passage of this law, be and the same are hereby sequestrated by the Confederate States of America, and shall be held for the full indemnity of any true and loyal citizen, a resident of these Confederate States, or other person aiding said Confederate States in the prosecution of the present war between said Confederate States and the United States of America, and for which he may suffer any loss or injury under the act of the United States to" which this act is retaliatory, or under any other act of the United States, or of any State thereof, authorizing the seizure or confiscation of the property of citizens or residents of the Confederate States, or other person aiding said Confederate States, and the same shall be seized and disposed of as provided for in this act: Provided, however. When the estate, property, or rights to be affected by this act were or are within some State of this Confederacy, which has become such since said twenty-first day of May, then this act shall operate upon and as to such estate, property, or rights, and all persons claiming the same from and after the day such State became a member of this Confederacy, and not before: Provided, further, That the provisions of this act shall not extend to the stocks or other public securities of the Confederate Government, or of any of the States of this Confederacy, held or owned by an alien enemy, or to any debt, obligation, or sum due from the Confederate Government or any of the States to such alien enemy. And provided, also, That the provisions of this act shall not embrace the property of citizens or residents of either of the States of Delaware, Maryland, Kentucky, Missouri, or the District of Columbia, or the Territories of New Mexico, Arizona, or the Indian Territory south of Kansas, except such of said citizens or residents as shall commit actual hostilities against the Confederate States, or aid or abet the United States hi the existing war against Confederate States.

Sections 2 to 13 provide for the appointment of receivers in each county, and impose a penalty of $2,000 on all who may endeavor to conceal the ownership of property belonging to alien enemies. Section 14 provides for the appointment of three commissioners to take charge of the sequestration fund, and to hear and decide on all claims against it.

This session was short, and devoted almost exclusively to military and financial subjects, (see CONFEDERATE STATES, also FINANCES, U. S.,) and closed by an adjournment to the 18th of November. On that day Congress again reassembled at Richmond. The members present from Virginia were Messrs. W. 13. Preston, Tyler, and MacFarland. The aspect of affairs had somewhat changed since its adjournment. It was now manifest that serious dangers were beginning to threaten. The Northern force had gathered, and was organized and disciplined for desperate work. South Carolina had been invaded. North Carolina and Louisiana would 60on be threatened. Still there were no fears of the ultimate ability of the Confederacy to repel all invaders. The number of acts of general importance passed at this session was limited. One was adopted admitting Kentucky into the Union of Confederate States.

A Message from President Davis was also laid before Congress, relative to the secession of Missouri. It was accompanied by a letter from Governor Jackson, and also by an act dissolving the Union with the United States, and an act ratifying the Constitution of the Provisional Government of the Confederate States; also, the Convention between the Commissioners of Missouri and the Commissioners of the Confederate States. This Convention was made on the part of the Confederate States, by R. M. T. Hunter, Secretary of State, and was unanimously ratified by Congress. On the next day an act was passed, admitting Missouri as a member of the Confederacy. At the same time a resolution was adopted, refusing to make any advance to, or to purchase the produce of planters, and surprise was expressed that such applications should be made.

An act was also passed to increase the naval force and to enlist not more than two thousand seamen. A resolution was passed appropriating $250,000 as an advance, on account of any claims of the State of South Carolina upon the Confederate States. A large number of nominations, as major and brigadier-generals, was also confirmed.

About $60,000,000 were appropriated for the army, and about $4,000,000 for the navy. The provisions of the naturalization act were extended to all persons not citizens of the Confederate States, who were engaged in the naval service of the Confederate States during the war. Postmasters were required to receive Treasury notes in the sums of five dollars and upwards, in payment of postage stamps and stamped envelopes.

On the appointment of Attorney-General Benjamin, as Secretary of "War, Thomas Bragg, of North Carolina, was appointed to the vacancy.

All important matters relating to the war, finance, foreign relations, and many domestic measures were discussed in secret sessions, at which no persons were admitted but the regular members of that body and its officers.

It presented to the world the first example of a public body, which claimed to represent the people of a country, and to be acting by their authority and in their behalf, sitting with closed doors and withholding all its important transactions from their knowledge. Such a flagrant outage upon representative institutions can find no justification with freemen. (The American Annual Cyclopaedia and Register of Important Events of the Year 1861, vol. 1. New York: Appleton & Co., 1868, pp. 154-165.)


Source: The American Annual Cyclopaedia and Register of Important Events of the Year, 1861-1865, vols. 1-5. New York: Appleton & Co., 1868.