lation 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 as sembled in their several Conventions, the Congress 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 shall summon a Convention of all the States to take 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 Con stitution. The 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 VicePresident, 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 Consti tution 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 transit of merchandise through the ConfedThe Congress also passed an act to authorize erate 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, Feb. 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. vides that the importation of African negeoes from The Constitution-section seven, article one-proany foreign country other than Slaveholding States of the United States is hereby forbidden, and Congress is required to pass such laws as shall effectually preand distinctly directs the legislation which shall effectvent the same. The rule herein given is emphat.c ually prevent the importation of African negroes. The bill before me denounces as high misdemeanor the im portation 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 of done with such intent. To that extent it accords with section of the bill provision is made for the transfer å the requirements of the Constitution, but in the sta Confederate States to the custody of foreign States persons who may have been illegally imported into the 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 daty 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 of African negres and in derogation of its mandate to legislate for the effectuation of that object. Wherefore the bill as NAYS-Messrs. Smith, Hale, Sherter, and Dean, of Alabama; Wright and Stephens, of Georgia; DeClonet, 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 fill 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 fur nish 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. He 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 Composes aforesaid, or to listen to any proposal they had missioners appointed by this Government for the purto make for the peaceful solution of all causes of difficulties between the two Governments; and whereas, the President of the United States of America has States of the American Union for seventy-five thouissued his proclamation, making requisition upon the sand men, for the purpose as therein indicated of 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 set 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 hereby 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 vessels, 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) laden 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 been, 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 ports 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. the issue of fifty millions of dollars in bonds, On the 18th, a bill was passed authorizing 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 by that Government against the Confederate States, agents or assignees, pending the existing war waged 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 from the Treasurer a certificate, countersigned by the States in specie or Treasury notes, and shall receive 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 tificate. or its equivalent, on presentation of the original cer SEC. 4. All laws and parts of laws militating against this act shall be 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 Confeder ate 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 hall 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 hands 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 the militia, military and naval forces of the ConfedPresident be, and he is hereby, authorized to employ erate 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, fantry, in such proportions of these several arms as either as cavalry, mounted riflemen, artillery, or inhe 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 was first communicated to Gen. 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 com missioned 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 procla mation 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 dollars, 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, &c., 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 Section three provided that holders of Treasury notes might at any time exchange them for bonds. as $50. Section four provided that, for the special purpose of paying the principal and interest of the public det t be assessed and levied of fifty cents upon each one and of supporting the Government, a war tax should hundred dollars in value of the following property in the Confederate States, namely: Real estate of all kinds; slaves; merchandise; bank stocks; railroad invested by individuals in the purchase of bills, notes, and other corporation stocks; money at interest or 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 associa tions 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 OF THE UNITED STATES.) resolution adopted was in these words: The 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 sullcient really to prevent access to the coast of the enemy. |