JOURNAL OF THE The second section being read as follows: [Feb. 22, 1861. SEC. 2. All ships, boats, or vessels, which may enter the waters of the said river within the limits of this Confederacy, from any port or place beyond the said limits, may freely pass with her cargo to any other port or place beyond the limits of this Confederacy without any duty or hindrance, except light money, pilotage, and other like charges. But it shall not be lawful for any such ship, boat, or vessel to sell, deliver, or in any way dispose of any part of her cargo, or land any portion thereof for the purpose of sale and delivery within the limits of this Confederacy; and, in case any portion of such cargo shall be sold or delivered, or landed for that purpose, in violation of the provisions of this act, the same shall be forfeited, and shall be seized and condemned by a proceeding in admiralty before the court having jurisdiction of the same in the district in which the same may be found; and the ship, boat, or vessel shall forfeit four times the amount of the value of the duties chargeable on the said goods, wares, or merchandise so landed, sold, or disposed of in violation of the provisions of this act, to be recovered by a proper proceeding in admiralty before the said court, in the district in which such ship, boat, or vessel may be found, onehalf for the use of the collector of the district who shall institute and conduct such proceeding, and the other half for the use of the Government of the Confederate States: Provided, That if any such ship, boat, or vessel shall be stranded, or from any cause become unable to proceed on its voyage, the cargo thereof may be landed and the same may be entered at the nearest port of entry, in the same manner as goods, wares, and merchandise regularly consigned to said port; and the person so entering the same shall be entitled to the benefit of drawback of duties or of warehousing said goods, wares, and merchandise, as provided by law in other cases. Mr. Hale moved to amend the same by striking out the words where they occur, viz: shall forfeit four times the amount of the value of the duties chargeable on the said goods, wares, or merchandise so landed, sold, or disposed of in violation of the provisions of this act, to be recovered, And to insert in lieu thereof the following words: "and her cargo shall be forfeited and may be seized and sold;" which amendment was lost. On motion of Mr. Memminger, the same was amended by adding after the words "it shall be lawful to enter the said goods, wares, and merchandise at any port" the words or to forward them under bond or seal, according to the regulations customary in such cases, when consigned to any port or place beyond the limits of this Confed eracy. On motion of Mr. Conrad, the section was further amended by inserting after the word "port," where it next occurs after the amendment of Mr. Memminger, the words "and on payment of the duties on said goods to obtain from the collector a license to land at any point on the river." The fifth section having been read, On motion of Mr. Walker, the same was amended by inserting after the words "goods, wares, and merchandise," where they first occur, the words "subject to the payment of duty," and after the words "a manifest of the cargo on board," where they first occur, the words "subject to the payment of duties." On motion of Mr. Harris, the said section was further amended by adding as the last clause thereof, the following proviso: Provided, however, That until ports of entry shall be established above the city of Vicksburg, on the Mississippi River, the penalties of this act shall not extend to the delivery of goods above that port by vessels or boats descending said river. The report of the committee as amended was then adopted in lieu of the original bill. The bill was then engrossed as amended, read a third time, and passed. Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled An act to prescribe the rates of postage in the Confederate States of America, and for other purposes. On motion of Mr. Sparrow, The Congress adjourned until 12 o'clock to-morrow. SATURDAY, FEBRUARY 23, 1861. OPEN SESSION. The Congress met pursuant to adjournment. Prayer by Right Rev. Bishop Andrew. The Journal of yesterday was read and approved. Mr. Anderson presented the following communication, which on his motion was ordered to be entered in full upon the Journal; which is done, viz: MONTGOMERY, ALA., February 23, 1861. To the Hons. JACKSON MORTON, JAMES B. OWENS, and J. PATTON ANDERSON, Deputies in Congress from the State of Florida. GENTLEMEN: I have the pleasure herewith to furnish you with a copy of the joint resolutions recently adopted by the general assembly expressive of their hearty approval of the election of the Hons. Jefferson Davis and Alexander H. Stephens as President and Vice-President of the Confederate States of America. Owing to the irregularity of the mails, I have deemed it advisable to furnish you with the same in advance of the regular certified copy which you will doubtless receive. Very respectfully, Joint resolutions. D. P. HOLLAND. Resolved, That the general assembly of Florida have heard with pleasure of the selection by the convention at Montgomery, of the Hons. Jefferson Davis and Alexander H. Stephens as President and Vice-President of the Southern Confederation; and that in the selection of these two distinguished statesmen, they recognize that burial of former political differences which is so much to be desired by all true lovers of their country. Resolved further, That this general assembly recognizes the Hon. Jefferson Davis as Chief Magistrate of the Southern Confederation, and as such, as being entitled to exercise the same powers and privileges at all points, and in all respects within the limits of the State of Florida, as the President of the late United States could have exercised while Florida was a member of that Confederation. Adopted at Tallahassee, Fla., February 14, 1861. Mr. Wright presented a design for a flag for the Confederate States; which was referred to the Committee on the Flag and Seal. Mr. Cobb, from the Committee on Printing, reported A bill in relation to public printing; which was read twice, placed on the Public Calendar, and ordered to be printed. And then, On motion of Mr. Hale, the Congress went into secret session. SECRET SESSION. Congress having resolved itself into secret session, The first general order being A bill to raise money for the support of the Government. The next regular order being A bill to be entitled "An act supplemental to an act to exempt certain commodities therein named, and for other purposes, passed February 18, 1861;" On motion of Mr. Barnwell, the same was referred to the Committee on Finance. Congress resumed the consideration of A bill in relation to the slave trade, and to punish persons offending therein. The third section thereof being reported as follows: SEC. 3. Any person violating the first section of this act, or any provision thereof, or aiding or abetting others in the violation thereof, shall be guilty of a felony, and on conviction thereof shall be punished by imprisonment in the penitentiary or common jail of the State where the conviction may be had, where by the laws of the State such penitentiary or jail may be used for that purpose, and if not, in such other place as may be provided by law, for a term not less than ten nor longer than twenty years; and shall, moreover, be fined, at the discretion of the court, not less than one thousand nor more than five thousand dollars. And if any person within the Confederate States shall knowingly sell, purchase, receive, conceal, remove, or aid and assist in concealing or removing, any negro, mulatto, coolie or person of color so illegally imported as aforesaid, such person shall be guilty of a high misdemeanor, and on conviction shall be punished by a fine of not less than one thousand dollars and not exceeding five thousand dollars. For all offenses under this act each negro, mulatto, or person of color illegally imported, or knowingly sold, purchased, received, concealed, or removed as aforesaid shall be held and considered as a separate offense. Mr. Barry moved to strike out the word "felony," where it first occurs, and insert in lieu thereof the words "high misdemeanor." Mr. Bartow demanded the question; which was seconded and the amendment was lost, the States voting as follows: Yea: Florida and South Carolina, 2. Nay: Alabama, Louisiana, and Mississippi, 3. At the instance of the State of South Carolina, the yeas and nays of the entire body were called for and recorded as follows: Alabama-Yea: Mr. McRae, 1. Nay: Messrs. Walker, Smith, Chilton, Hale, Shorter, and Fearn, 6. Florida Yea: Messrs. Morton, Anderson, and Owens, 3. Georgia-Yea: Messrs. Bartow, Crawford, and Wright, 3. Nay: Messrs. Howell Cobb, T. R. R. Cobb, and Kenan, 3. Louisiana Yea: Mr. Marshall, 1. Nay: Messrs. De Clouet, Conrad, Kenner, and Sparrow, 4. Mississippi Yea: Messrs. Wilson and Barry, 2. Harris, Brooke, Clayton, and Harrison, 4. Nay: Messrs. South Carolina-Yea: Messrs. Rhett, Barnwell, Keitt, Chesnut, Miles, Withers, and Boyce, 7. Yea: Florida and South Carolina, 2. Nay: Alabama, Louisiana, and Mississippi, 3. Divided: Georgia, 1. Mr. Barry moved further to amend the section by striking out the following words as they occur, to wit: shall be punished by imprisonment in the penitentiary or common jail of the State where the conviction may be had, where by the laws of the State such penitentiary or jail may be used for that purpose, and if not, in such other place as may be provided by law, for a term not less than ten nor longer than twenty years; and Also to strike out the word "moreover," where it next occurs, and to insert after the word "dollars," at the end of the sentence where it first occurs, the following: In the event the person or persons convicted under this section shall fail, refuse, or be unable to pay the fine imposed upon conviction, he or they shall be liable to imprisonment in the common jail of the State where the conviction may be had, where by the laws of the State such jail may be used for the purpose, and if not, in such other place as may be provided by law, for a term not less than two nor more than five years; which motion to strike out and add to was lost. Mr. Chilton moved to strike out where they first occur the words "shall be guilty of a felony;" which was agreed to, the States voting as follows: Yea: Alabama, Florida, Mississippi, and South Carolina, 4. Georgia being divided. On motion of Mr. Brooke, the words "if there be no penitentiary were inserted immediately after the word "jail," where it first occurs. Mr. Withers moved to strike out the last sentence of said section, the same being in the following words, to wit: For all offenses under this act each negro, mulatto, or person of color illegally imported, or [knowingly] sold, purchased, received, concealed, or removed as aforesaid shall be held and considered as a separate offense. Pending which motion, on motion of Mr. Brooke, the further consideration of the bill was postponed till Wednesday next. During the discussion of the bill, the following message was received from the President: EXECUTIVE DEPARTMENT, Montgomery, Ala., February 23, 1861. Mr. President: The President has on this day approved and signed An act to prescribe the rates of postage in the Confederate States of America, and for other purposes. Mr. Waul offered the following resolution: ROBERT JOSSELYN, Private Secretary. Resolved, That we suggest that all officers who have resigned or may resign their places in the Army and Navy of the United States on account of their attachment to the Confederate States, or either of them, to file their applications where they desire service in the Army and Navy of the Confederate States as early as convenient with the Secretaries of War and Navy, and that we recommend all such applications to the favorable consideration of the Secretaries of War and Navy and of the President; which was adopted, and on motion of Mr. Waul the injunction of secrecy thereon was removed. On motion of Mr. Kenner, the injunction of secrecy was removed from the act to declare and establish the free navigation of the Mississippi River. Mr. Shorter, from the Committee on Engrossment, reported as correctly engrossed and enrolled An act for the relief of William P. Barker; and A resolution to provide an executive mansion. On motion of Mr. Kenner, Congress adjourned until Monday at 12 o'clock. MONDAY, FEBRUARY 25, 1861. OPEN SESSION. Congress met pursuant to adjournment. Resolved, That the Committee on the Public Lands be instructed to inquire into the present condition of the public lands lying within the limits of the Confederate States, and also into the expediency of disclaiming by the Confederate States all title or right in the same in favor of the States respectively in which any public lands may be situated, and that the committee have leave to report by bill or otherwise, as they may deem expedient; which was adopted. Mr. Chesnut presented to Congress a memorial from George Fox and John C. Thornton on the subject of an invention; which was referred to the Committee on Patents. Mr. Waul laid before Congress a communication from Henry Winslow relative to the possession of the Territory of New Mexico by the Confederate States of America; which was referred to the Committee on Territories. Mr. Waul laid before Congress two communications from O. M. Roberts relative to Indian tribes; which were referred to the Committee on Indian Affairs. On motion of Mr. Cobb, the general order on the Calendar of the Open Session, it being a bill in relation to public printing, was postponed for the present. Mr. Memminger presented to Congress a communication from Simpson Bobo relative to the establishment of an armory; which was referred to the Committee on Military Affairs. On motion of Mr. Barnwell, Congress went into secret session; and after spending some time therein, adjourned till 12 o'clock to-morrow. SECRET SESSION. Congress having resolved itself into secret session, The Journal of yesterday [Saturday] was read and approved. A bill to be entitled "An act to establish the judicial courts of the Confederate States of America,' The consideration of the same was postponed for the time. On motion of Mr. Bartow, the resolution suggesting to the officers who have resigned their commissions in the Army and Navy of the United States to file their applications for office under the Confederate States was reconsidered; and on motion of Mr. Bartow, the vote by which the injunction of secrecy was removed from the same resolution was also reconsidered, and the resolution was referred to the Committee on Military Affairs. On motion of Mr. Bartow, the members of the Committee on Military Affairs were excused from attendance on Congress, for the purpose of allowing them to meet in committee. |