« AnteriorContinuar »
lation therein, be discharged from such service or time for holding the election of President and Vicelabor, but shall be delivered up on claim of the party President, and for the meeting of the Electoral Cd. to whom such slave belongs, or to whom such service lege, and for counting the votes, and inaugurating the or labor may be due.
President. They shall also prescribe the time for The following is the provision in reference holding the first election of members of Congress to the admission of States into the new Con- the same. Until the assembling of such Congress, the federacy:
Congress under the Provisional Constitution shall conOther States may be admitted into this Confeder- tinue to exercise the legislative powers granted them; acy by a vote of two-thirds of the whole House of Rep- not extending beyond the time limited by the Constiresentatives and two-thirds of the Senate, the Senate tution of the Provisional Government. voting by States; but no new State shall be formed or erected within the jurisdiction of any other State, An act was also passed authorizing the issue nor any State be formed by the junction of two or of one million dollars in Treasury notes, and an more States, or parts of States, without the consent of appropriation bill to meet current expenses. the Legislatures of the States concerned as well as of
The tariff bill reported to Congress was postthe Congress.
poned to the 1st of May. As compared with The “Territorial question” is thus disposed of: the tariff of the United States, most of the artiThe Congress shall have power to dispose of and cles paying 30 per cent. were reduced to 25 per make all needful rules and regulations concerning the cent.; the larger portion of those paying 24 and property of the Confederate States, including the lands 19 per cent. were reduced to 15. There was thereof."
The Confederate States may acquire new territory; also a large 10 per cent. schedule, and a very and Congress shall have power to legislate and pro- small free list. vide governments for the inhabitants of all territory The Commissioners appointed to visit Europe belonging to the Confederate States lying without the were Messrs. Yancey, A. Dudley Mann, and P. such times and in such manner as it may by law pro- A. Rost, of Louisiana. They immediately provide, to form States to be admitted into the Confed. ceeded by way of New Orleans and Havana to eracy. In all such territory the institution of negro their place of destination. slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress and by the transit of merchandise through the Confed
The Congress also passed an act to authorize the Territorial government; and the inbabitants of the several Confederate States and Territories shall have erate States; also, a resolution requesting the the right to take to such Territory any slaves lawfully States to cede the forts, arsenals, navy-yards, held by them in any of the States or Territories of the dock-yards, and other public establishments Confederate States.
within their limits to the Confederacy. Amendments to the Constitution are to be The act passed to prohibit the African slave thus initiated and consummated :
trade was vetoed by President Davis on the Upon the demand of any three States, legally as- ground of a conflict in the details of one of the sembled in their several Conventions, the Congress sections with the provisions of the Constitution, shall summon a Convention of all the States to take into consideration such amendments to the Constitu
to wit: tion as the said States shall concur in suggesting at
EXECUTIVE DEPARTMENT, the time when the said demand is made; and should
Gentlemen of Congress : With sincere deference to the any of the proposed amendments to the Constitution judgment of Congress, I have carefully considered the be agreed on by the said Convention--voting by bill in relation to the slave trade, and to punish per States—and the same be ratified by the Legislatures of two-thirds of the several States, or by Conventions sons offending therein, but have not been able to sp in two-thirds thereof-as the one or the other mode of prove it, and therefore, do return it with a statemeet ratification may be proposed by the General Convention—they shall thenceforward form a part of this con- vides that the importation of African pegeoes from
The Constitution--section seven, article one-prostitution.
any foreign country other than Slaveholding States of The following temporary provisions are enu- the United States is hereby forbidden, and Congress merated:
is required to pass such laws as shall effectually pre The Government established by this Constitution and distinctly directs the legislation which shall
vent the same. The rule herein given is emphitis, is the successor of the Provisional
Government of the ually prevent the importation of African negroes. The Confederate States of America,
and all the laws passed bill before me denounces as high misdemeanor the in by the latter shall continue in force until the same portation of African negroes, or other persons of color, shall be repealed or modified; and all the officers
ap- either to be sold as slaves or to be held to service er pointed by the same shall remain in office until their labor, affixing heavy, degrading penalties on the act is successors are appointed and qualified, or the offices done with such
intent. To that extent it accords with abolished. All debts contracted and engagements entered into section of the bill provision is made for the transfer af
the requirements of the Constitution, but in the sixth before the adoption of this Constitution shall be as persons who may have been illegally imported into the valid against the Confederate States under this Con- Confederate States to the custody of foreign States * stitution as under the Provisional Government.
societies, upon condition of deportation and future The mode of ratification and the number of freedom, and, if the proposition thus to surrender States necessary to put the Constitution in them shall not be accepted, it is then made the daty force are thus designated :
of the President to cause said negroes to be sold at
public outcry to the highest bidder in any one of the The ratification of the Conventions of five States States where such sale shall not be inconsistent with shall be sufficient for the establishment of this Consti- the laws thereof. This provision seems to me to be in tution between the States so ratifying the same. opposition to the policy declared in the Constitution
When five States shall have ratified this Constitu. the prohibition of the importation of African Degroes tion, in the manner before specified, the Congress --and in derogation of its mandate to legislate for under the Provisional Constitution shall prescribe the the effectuation of that object. Wherefore the bill is
returned to you for your further consideration, and, nish an example so wanting in courtesy, in cantogether with the objections, most respectfully sub- dor, and directness, as was the course of the mitted.
United States Government towards our Com. This veto of the President was sustained in missioners.” Congress by the following vote_the question Commissioners had been sent to England, being, “Shall the bill pass notwithstanding the France, Russia, and Belgium, to ask their rePresident's objections ?”
cognition of the Confederate States as a memYeas-Messrs. Ourry and Chilton, of Ala- ber of the family of nations, to make treaties, bama ; Morton and Owens, of Florida ; Toombs, &c. He recommended the appointment of H. Cobb, T. R. R. Cobb, Barton, Nisbit, and other diplomatic agents. Kenan, of Georgia ; Rhett, Barnwell, Keitt, The Confederacy, he said, through Vice-Presand Miles, of South Carolina ; Ochiltree, of ident Stephens, had concluded a Convention Texas-15.
with Virginia, by which Virginia had united Nars-Messrs. Smith, Hale, Shorter, and her citizens and their fortunes with them. He Dean, of Alabama ; Wright and Stephens, of had satisfactory assurances that other Southern Georgia; DeClouet, Conrad, Kenner, Sparrow, States would soon unite with the Confederacy. and Marshall, of Louisiana; Harris, Brooke, Nearly all of the Executive departments were Wilson, Clayton, Barry, and 'Harrison, of Mis- in successful operation. The Postmaster-Gensissippi ; Chesnut, Withers, and Boyce, of eral would soon be ready to assume the direcSouth Carolina ; Reagan, Waul, Gregg, and tion of postal affairs. Oldham, of Texas-24.
In conclusion, he congratulated the Confed. The clause in the permanent Constitution of eracy on the patriotic devotion exhibited by the Confederate States prohibiting the African her citizens—men of high official and social posislave traffic was adopted in the Montgomery tion and wealth were serving in the volunteer Congress by the vote of four States to two. ranks. He spoke complimentarily of the railSouth Carolina and Florida opposed the re- way companies for their liberal rates of transstriction, while Georgia, Alabama, Louisiana, portation of troops and supplies, and of their and Mississippi advocated it.
proffer of liberal terms in transporting the An act was also passed to accept from the mails, and to take pay in bonds of the ConState of Louisiana the offer of a certain amount federacy. He said: “A people thus united and of the moneys of the United States, taken pos- resolved cannot fail of final success. We feel session of by order of the State authorities, that our cause is just and holy, and protest from the mint and sub-treasury.
solemnly in the face of mankind that we desire On the 29th of April Congress assembled at peace at any sacrifice, save that of honor and Montgoinery, in compliance with the procla- independence. We seek no conquest, no agmation of President Davis
. This proclamation grandizement, no concessions from the Free convoking Congress, was issued on the 12th of States. All we ask is to be let alone that April, " and was prompted,” says President none shall attempt our subjugation by arms. Davis, “ by the declaration of hostile purposes This we will and must resist to the direst escontained in the Message sent by President tremity. The moment this pretension is abanLincoln to the Government of South Carolina doned the sword will drop from our hands, and on the 8th of April.
we shall be ready to enter into treaties of amity H. O. Jones and Nicholas Davis, jr., elected and commerce mutually beneficial. So long as to fill the vacancies occasioned by the resigna- this pretension is maintained, with firm reliance tions of David P. Lewis and Thomas Feavre, on that Divine power which covers with its from Alabama, were qualified and took their protection the just cause, we will continue to seats.
struggle for our inherent right to freedom, inLouis T. Wigfall appeared, from the State of dependence, and self-government.” Texas, and J. A. Orr, the successor of W. S. On the 6th of May Congress passed an act Wilson, of Mississippi, and were qualified. recognizing a state of war with the United
The Message of President Davis was then States, and authorizing the issue of letters of read. (See PUBLIO DOCUMENTS.)
marque. The preamble and first section were as It announced the ratification of the Perma- follows: Dent Constitution by all the States of the Con- Whereas, The earnest efforts made by this Govern. federacy.
ment to establish friendly relations between the Gov. The President said the declaration of war States, and to settle all questions of disagreement
ernment of the United States and the Confederate made against the Confederacy by Abraham between the two Governments upon principles of right, Lincoln rendered it necessary to convene Con- justice, equity, and good faith, have proved unavail gress, to devise proper measures for the defenceing, by reason of the refusal of the Government of the of the country.
United States to hold any intercourse with the ComHe reviewed at length the relations hereto- poses aforesaid, or to listen to any proposal they had
missioners appointed by this Government for the purfore existing between the States, and the events to make for the peaceful solution of all causes of diffiwhich resulted in the present warfare. Refer- culties between the two Governments; and whereas, ring to the mission of the Confederate State the President of the United States of America has Commissioners to Washington, he said the States of the American Union for seventy-five thou.
issued his proclamation, making requisition upon the - crooked paths of diplomacy can scarcely fur- sand med, for the purpose as therein indicated of
capturing forts, and other strongholds within the On the 9th, an act was passed to authorize jurisdiction of,' and belonging, to, the Confederate the President to accept the services of volunupon the coasts of the Confederate States of America, teers without regard to the place of enlistment. and raised, organized, and equipped a large military On the 11th, a bill was reported to establish force to execute the purpose aforesaid, and has issued a patent-office. This was passed on the 17th. his other proclamation, announcing his purpose to set on foot a blockade of the ports of the Confederate Davis, recognizing T. J. Clingman as a commis
A Message was also received from President from the Federal Union, and entered into a conven- sioner from North Carolina, and conveying
the tion of alliance, offensive and defensive, with the Con- assurance that the State would cooperate with federate States, and has adopted the Provisional Con- the Confederate States. Mr. Clingman was stitution of the said States, and the States of Maryland, then invited to take a seat in the public and Missouri bave refused, and it is believed that the State secret session of Congress, and to participate of Delaware and the inhabitants of the Territories of in the discussions. Many appointments of Arizona and New Mexico, and the Indian Territory judges and marshals were then confirmed. south of Kansas, will refuse to coöperate with the Government of the United States in these acts of hos- the issue of fifty millions of dollars in bonds,
On the 18th, a bill was passed authorizing tended to overawe, oppress, and finally subjugate the payable in twenty years, with interest not ex people of the Confederate States; and whereas, by ceeding eight per centum, or, in lieu of bonds, the acts and means aforesaid war exists between the the issue of twenty millions in Treasury notes Confederate States and the Government of the United in small sums without interest. States, and the States and Territories thereof, excepting the States of Maryland, North Carolina, Tennessee, An act was passed abolishing the
mints at New Kentucky, Arkansas, Missouri
, and Delaware, and the Orleans and Dahlonega after the 1st of June. Territories of Arizona, and New Mexico, and the Indian Arkansas was admitted as one of the ConTerritory south of Kansas: Therefore,
federate States. Sec. 1. The Congress of the Confederate States of America do enact, 'That the President of the Confed
On the same day another bill was passed erate States is hereby authorized to use the whole forbidding the people of the Confederate States land and naval force of the Confederate States to meet to pay any debts due from them to the citizens the war thus commenced, and to issue to private armed of the Northern and Northwestern States. vessels, commissions, or letters of marque and genera! The following is the act : 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 America do enact, that all persons in any manner
Sec. 1. The Congress of the Confederate States of States, and of the citizens or inhabitants of the States indebted to individuals or corporations in the United and Territories thereof, except the States and Terri. States of America, (except the States of Delaware, tories hereinbefore named. Provided, however, that Maryland, Kentucky, and Missouri, and the District property of the enemy (unless it be contraband of war) of Columbia,) be and are hereby prohibited from payladen on board a neutral vessel, shall not be subject ing the same to their respective creditors, or their vessels of the citizens or inhabitants of the United agents or assignees, pending the existing war waged
by that Government against the Confederate States, States now in the ports of the Confederate States, ex.
or any of the slaveholding States before named. cept such as have been, since the 5th of April last, or may hereafter be, in the service of the Government and is hereby authorized to pay the amount of his
Sec. 2. Any person indebted as aforesaid shall be of the United States, shall be allowed thirty days after indebtedness into the Treasury of the Confederate the publication of this Act to leave said ports and reach States in specie or Treasury notes, and shall receive their destination; and such vessels and their cargoes, from the Treasurer a certificate, countersigued by the excepting articles contraband of war, shall not be sub- Register, showing the amount paid and on what acject to capture under this Act, during said period, count, and
the rate of interest which the same was unless they shall have previously reached the destina- bearing. tion for which they were bound on leaving said porte. Sec. 8. Such certificate sball bear like interest with
On the 7th, the ordinance of the Virginia the original contract, and shall be redeemable at the State Convention uniting the State to the Con- close of the war and the restoration of peace, in specie federate States, and the treaty concluded by or its equivalent, on presentation of the original' cer Vice-President Stephens and the Commission- Sec. 4. All laws and parts of laws militating against ers of Virginia, were presented. Another ordi- this act shall be and the same gre hereby repealed. nance was adopted ratifying the action of these HOWELL COBB, President of the Congress Commissioners and recognizing Virginia as one Approved, May 21, 1861. of the Confederate States. J. W. Brocken
JEFFERSON Davis. brough and Walter R. Staples, members elect On the 22d, an adjournment was made to from Virginia, were sworn in and took their meet at Richmond on the 20th July. The ob seats as members of the Congress. The time of ject of this removal was to strengthen the Gorthe Convention was passed almost entirely in ernment by its influence in Virginia. secret session. George T. Ward, successor of The tariff bill was passed with some unimportJ. P. Anderson, of Florida, also appeared. ant amendments; but such was the efficiency
On the 8th, Congress was in secret session, of the blockade of the ports of these Confederand engaged in perfecting arrangements for á ate States, that at the close of the year it had vigorous prosecution of the war. It was esti- yielded no revenue to the Government. mated that the Government had control of A committee, consisting of Messrs. Rives, sufficient arms, ordnance, and ammunition of Hunter, and Memminger, was also appointed every description to put into the field one hun. to make arrangements to transfer the military dred and fifty thousand men.
department to Richmond.
On Saturday, July 20, the Congress again or passing through said lines, and to prevent assembled. It convened in the ball of the the transinission of any communication deemed House of Delegates at Richmond, in Virginia. to be detrimental to the public service. About seventy members out of ninety-two “In case the owners and managers of said were present, Messrs. Scott, Tyler, Prior, lines shall refuse to permit such supervision, Bocock, Mason, and Preston were absent. The or shall fail or refuse to keep up and continue President's Message was received and read, the business on said lines, the President is hereand five thousand copies ordered to be printed. by empowered to take possession of the same (See Publio DOCUMENTS.) Afterwards a secret for the purposes aforesaid. session commenced. A standing resolution re- " The President shall from time to time issue quired that all business relating to the public instructions to the agents so appointed, and to defence should be discussed in secret session, the operators of the various lines, to regulate and although it did not extend to other sub- the transmission of communications touching jects, yet these were soon included.
the operations of the Government, or calculated The report of the Secretary of War stated to affect the public welfare. that one hundred and ninety-four regiments and “No communication in cipher nor enigmatical thirty-two battalions had then been accepted, or other doubtful communication shall be transbesides various detachments of artillery and mitted, unless the person sending the same shall companies of cavalry not made into regiments. be known to the agent of the Government to be He also recommended that Congress should trustworthy, nor until the real purport of such call forth and accept three hundred regiments, communication shall be explained to such agent. in view of the immense additions to the forces “If any person shall knowingly send or transof the Federal Government.
mit any message or communication touching R. M. T. Hunter, of Virginia, was nominated the military operations of the Government, and confirmed as Secretary of State in place of without the same being first submitted to the Robert Toombs, resigned.
inspection of the agent of the Government, or The principal business of the session was to any message calculated to aid and promote the provide ways and means to sustain the opera- cause of the enemies of the Confederate States, tions of the Government. A disposition pre- he shall be subject to indictment in the District vailed to look in a considerable measure to the Court of the Confederate States, and on conaction of the banks. (See FINANCES, U. S.) viction, shall be fined in a sum not less than This action, however, was somewhat embar- five hundred dollars and imprisoned for a term rassed by the banks at New Orleans, which not less than one year." continued to pay specie, as they otherwise An act was also passed relative to alien enewould forfeit their charters. The banks of mies. It makes all citizens within the ConfedMobile still continued to pay specie, although eracy of any nation with which the Confedernot subject to such a penalty ou suspension. ate States are at war, enemies who shall be
An act was adopted which prescribed a uni- liable to be apprehended, restrained, or seform mode of taking, authenticating, and pre- cured, and removed as alien enemies, unless serving the evidence of the abduction or recep- steps are taken for naturalization. tion by the enemy, of slaves owned by any of The official reports made the number of men the Confederate States, as also of the age, sex, in the field at this time 210,000. Upon which and value of said slaves, to the end that indem- an act was passed further to provide for the nity might hereafter be exacted from the enemy. public defence, of which the following was the
Another act was passed in relation to the first section : telegraph, which illustrates the degree of power
Sec. 1. The Congress of the Confederate States of concentrated in the hands of the military lead- America do enact
, That in order to provide additional ers, and shows the prudent surveillance. exer- forces to repel invasion, maintain the rightful posses. cised by them over military matters. It was in sion of the Confederate States of America, and to sethese words:
cure the independence of the Confederate States, the
President be, and he is hereby, authorized to employ “During the existing war the President is here
the militia, military and naval forces of the Confed. by authorized and empowered to take such con- erate States of America, and to ask for and accept the trol of such of the lines of telegraph in the services of any number of volunteers, not exceeding Confederate States, and of such of the offices four hundred thousand, who may offer their services, connected therewith, as will enable him effect- fantry, in such proportions of these several arms as
either as cavalry, mounted riflemen, artillery, or innally to supervise the communications passing he may deem expedient, to serve for a period of not through the same, to the end that no communi- less than twelve months, nor more than three years cations shall be conveyed of the military opera- after they shall be mustered into service, unless sooner tions of the Government to endanger the suc
discharged. cess of such operations, nor any communication The nomination of Gustave T. Beauregard calculated to injure the cause of the Confederate to the rank of General was made and confirmed States, or to give aid or comfort to their enemies. unanimously. This is the highest denomina
* The President shall appoint trustworthy tion known under the act organizing the army Agents in such offices and at such points on the of the Confederate States, passed May 16, 1861. various lines as he may think fit, whose duty it The commission was to bear date from July 21st, shall be to supervise all communications sent the day of the battle at Manassas. This promotion was first communicated to Gen. Beauregard, by The measure adopted to furnish funds to the President Davis, in the following letter : Government authorized the issue of Treasury MANASSAS, July 21, 1861.
notes and funds, and provided for a war tax. Sir: Appreciating your services in the battle of Section one authorized the issue of Treasury notes, Manassas, and on several other occasions during the payable to bearer at the expiration of six months after existing war, as affording the highest evidence of your the ratification of a treaty of peace between the Conskill as a commander, your gallantry as a soldier, and federate States and the United States. The notes your zeal as a patriot, you are promoted to be a Gen- were not to be of a less denomination than five doleral in the army of the Confederate States of America, lars, to be re-issued at pleasure, to be received in pay. and with the consent of Congress will be duly comment of all public dues, except the export duty on missioned accordingly.
cotton; and the whole issue outstanding at one time, 'JEFF. DAVIS.
including the amount issued under former acts, was
not to exceed one hundred millions of dollars. On the 21st of August, President Davis ap
Section two provided that, for the purpose of funding proved an act empowering him to appoint two the said notes, or for the purpose of purchasing specie other Commissioners to Europe. The act em- or military stores, &c., bonds might be issued, payable powered the President to determine to what na- not more than twenty years after date, to the amount tions the Commissioners now in Europe should of one hundred millions of dollars, and bearing
an inbe accredited, and to prescribe their duties. cluded the thirty millions heretofore authorized to be The two additional Commissioners would re- issued. The bonds were not to be issued in less ceive the same pay as those now in Europe. amounts than $100, except when the subscription was
The President also approved an act for the for a less amount, when they might be issued as low aid of the State of Missouri in repelling the
Section three provided that holders of Treasury invasion, and to authorize her admission into notes might at any time exchange them for bonds. the Confederacy. The preamble set forth that Section four provided that, for the special purpose the people of Missouri had been prevented by of paying the principal and interest of the public debt, the unconstitutional interference of the Federal and of supporting the Government, a war tax should
be assessed and levied of fifty cents upon each one Government from expressing their will in re- hundred dollars in value of the following property in gard to union with the Confederate States, and the Confederate States, namely: Real estate of all that Missouri was engaged in repelling the law- kinds ; slaves; merchandise; bank stocks; railroad less invasion of her territory by armed forces. and other corporation stocks; money at interest or The Confederate Government considered it and other securities for money, except the bonds of their right and duty to aid the Government the Confederate States of America, and cash on band and people of Missouri in resisting this invasion, or on deposit in bank or elsewhere; cattle, horses, and and securing the means and opportunity of ex- mules, gold watches, gold and silver plate; pianos pressing their will upon all questions affecting the taxable property, herein above enumerated, of any their rights and liberties.
head of a family was of value less than five hundred The President was authorized to coöperate, dollars, such taxable property should be exempt from through the military power of the Govern- taxation under the act. It provided further, that the ment, with the authorities of Missouri in de- property of colleges, schools, and religious associa
tions should be exempt. fending that State against the lawless invasion
The remaining sections provided for the collection of their soil by the United States, in maintain- of the tax. ing the liberty and independence of Missouri,
A resolution was adopted as early as the 8th with power to accept the services of troops of August, the object of which was to place sufficient to suit the purpose. The act pro- the Confederacy in a favorable position at the vided for the admission of Missouri to the Con- Courts of Great Britain and France, on the federacy, on an equal footing with the other rights of neutrals and belligerents. This was States, when the Provisional Constitution no less than an expression of adhesion to the should be ratified by the legally constituted declaration made at the Congress of Paris, erauthorities of Missouri, and an authenticated cepting the first clause. (See DIPLOMATIO CORcopy be communicated to the President. RESPONDENCE OF THE UNITED STATES.) The
The President would then, in accordance resolution adopted was in these words : with the provisions of the act, issue his procla
Whereas it has been found that the uncertainty of mation announcing the admission of Missouri maritime law in time of war has given rise to differ into the Confederacy. She recognized the ences of opinion between neutrals and belligerents, Government in Missouri of which Claiborne F. which may occasion serious misunderstandings, and Jackson was Chief Magistrate.
and whereas the Plenipotentiaries of A bill was passed providing for the seques. Russia, at the Congress of Paris of 1856, established
Great Britain, France, Austria, Prussia, Sardinia, and tration of the property of alien enemies. This a uniform doctrine on this subject, to which they in bill was framed as a retaliatory measure, to vited the adherence of the nations of the world, which offset the confiscation act of the United States is as follows: Congress.
1. That privateering is and remains abolished. Congress called upon the Navy Department with the exception of contraband of war.
2. That 'the neutral flag covers the enemy's goods, for an estimate of the amount required to con- 3. That neutral goods, with the exception of construct two gunboats for the defence of the city traband of war, are not liable to capture under the of Memphis and the Mississippi River in that enemy's flag; and neighborhood, upon a special plan which had effective; that is to say,
maintained by a force safk
4. That blockades, in order to be binding, must be been submitted to the Department.
cient really to prevent access to the coast of the enemy,