Page images
PDF
EPUB

we also recognize the right of the ingress and egress | the credit of said officers respectively: Provided, of the mouths of the Mississippi by all friendly That no draft shall be paid except out of the balance States and Powers, and hereby declare our willing-standing to the credit of the officer drawing the ness to enter into stipulations to guarantee the exer- same: And, provided, further, That the aggregate cise of those rights.' amount of drafts hereby authorized to be paid shall not exceed the sum of $306,592 80.

Doc. 28.-THE CUTTER MCCLELLAND.

Be it further ordained, That the State depositary aforesaid be, and he is hereby authorized to pay all The following statement in relation to the sur-to the passage of the ordinance of secession, against outstanding drafts drawn by the United States prior render of the revenue cutter Robert McClelland, is the funds heretofore deposited in the Sub-Treasury derived from an official source: of the United States at New Orleans, to the credit On the 19th of January, four days after Secretary of the public revenue of the United States, ProDix took charge of the Treasury Department, he vided, that the aggregate amount of said drafts shall sent Mr. Wm. Hemphill Jones, Chief Clerk in the not exceed the sum of $146,226 74; but no transFirst Comptroller's Office, to New Orleans and Mo-fer drafts on the bullion fund shall be recognized or bile, to save, if possible, the two cutters on service paid. there. Captain Morrison, a Georgian, in command of the Lewis Cass at Mobile, must have surrendered 44, standing to the credit of the Post Office DepartBe it further ordained, That the sum of $31,164

her before Mr. Jones' arrival. On the 29th of January, the Secretary received, in relation to the ment on the books of the late Sub-Treasurer of the United States, at New Orleans, is hereby held subother, the following telegraphic dispatch from Mr.ject to draft of the United States, in payment of postal services, until otherwise ordered by this convention or the General Assembly of the State.

Jones:

NEW ORLEANS, Jan. 29, 1861.

Hon. J. A. Dix, Secretary of Treasury: Capt. Breshwood has refused positively in writing, to obey any instructions of the Department. In this I am sure he is sustained by the Collector, and be- Doc. 30.-THE TEXAS ORDINANCE OF SECESlieve acts by his advice. What must I do?

W. H. JONES, Special Agent.

To this dispatch Secretary Dix immediately returned the following answer, before published:

TREASURY DEPARTMENT, Jan. 29, 1961. W. HEMPHILL JONES, New Orleans: Tell Lieut. Caldwell to arrest Capt. Breshwood, assume command of the cutter, and obey the order through you. If Capt. Breshwood, after arrest, undertakes to interfere with the command of the cutter, tell Lieut. Caldwell, to consider him as a mutineer, and treat him accordingly. If any one attempts to haul down the American flag, shoot him on the spot.

JOHN A. DIX, Secretary of the Treasury.

This dispatch must have been intercepted both at Montgomery and New Orleans, and withheld from Mr. Jones, and the treason of Captain Breshwood was consummated by means of a complicity on the part of the telegraph line within the States of Alabama and Louisiana. (See Doc. 31.)

-N. Y. Times, February S,

SION.

AN ORDINANCE TO DISSOLVE THE UNION BETWEEN
THE STATE OF TEXAS AND THE OTHER STATES UN-
DER THE COMPACT STYLED "THE CONSTITUTION OF
THE UNITED STATES OF AMERICA."

Sec. 1. Whereas, the Federal Government has failed to accomplish the purposes of the compact of union between these States, in giving protection either to the persons of our people upon an exposed frontier, or to the property of our citizens; and whereas, the action of the Northern States is violative of the compact between the States and the guarantees of the Constitution; and, whereas, the recent developments in federal affairs make it evident that the power of the Federal Government is sought to be made a weapon with which to strike down the interests and property of the people of Texas and her sister slaveholding States, instead of permitting it to be, as was intended-our shield against outrage and aggression-therefore, "We, the people of the State of Texas, by delegates in the Convention assembled, do declare and ordain that the ordinance adopted by our Convention of delegates on the fourth (4th) day of July, A.D. 1845, and afterwards ratified by us, under which the Republic of Texas was admitted into the Union with other States, and became a party to the compact styled 'The Constitution of the United States of America' be, and is hereby repealed and an

Doc. 29.-THE MINT AT NEW ORLEANS. The Louisiana Convention, after having taken possession of the United States Sub-Treasury at New Orleans, passed the subjoined ordinance, authorizing the payment therefrom of certain Gov-nulled." ernment drafts:

Whereas, The State of Louisiana has taken under its control the funds deposited in the late Sub-Treasury of the United States at New Orleans, but considering it just that certain drafts drawn against the same should be paid;

That all the powers which, by the said compact, were delegated by Texas to the Federal Government are resumed. That Texas is of right absolved from all restraints and obligations incurred by said compact, and is a separate sovereign State, and that her citizens and people are absolved from all allegance to the United States or the Government thereof.

Therefore, be it ordained by the people of the State of Louisiana in convention assembled, That the State depositary of said funds be, and he is authorized to Sec. 2 The ordinance shall be submitted to the pay all drafts drawn in the legitimate course of dis-people of Texas for their ratification or rejection, bursement by the disbursing officers of the United by the qualified voters, on the 23d day of February, States on the funds heretofore deposited in the Sub- 1861; and unless rejected by a majority of the Treasury of the United States at New Orleans, to votes cast, shall take effect and be in force on and Doc.-13

after the 2d day of March, A.D. 1861. Provided | letter of the Secretary, dated the 19th inst., and that in the representative district of El Paso said handed you personally by me. election may be held on the 18th day of February,

1861.

[blocks in formation]

"Second.-The control of commerce of the Mississippi Valley, by requiring the duties on all goods entered at New Orleans for delivery at St. Louis, Nashville, Louisville, and Cincinnati, to be paid to the State of Louisiana.

"Third. The seizure by Louisiana of all United States moneys, as well as those of private depositors in the mint and sub-treasury at New Orleans and other places.

Very respectfully,
WM. HEMPHILL JONES,
Special Agent.
}

To Capt. J. G. BRESHWOOD, commanding U.S.
revenue cutter Robert McClelland.
Breshwood conferred with Collector Hatch of New

Orleans, and then returned the following answer,
flatly refusing to obey the order:

U. S. REVENUE CUTTER ROBERT MCC, ELLAND,

NEW ORLEANS, January 29, 1861.

SIR: Your letter, with one of the 19th of January from the Hon. Secretary of the Treasury, I have duly received, and in reply refuse to obey the order.

I am, Sir, your obedient servant,

JOHN G. BRESHWOOD, Captain.

To WM. HEMPHILL JONES, Esq., Special Agent.
Mr. Jones's report continues:

Believing that Captain Breshwood would not have ventured upon this most positive act of insubordination and disobedience of his own volition, I waited upon the Collector at the Custom House, and had with him a full and free conversation upon the whole subject. In the course of it, Mr. Hatch admitted to me that he had caused the cutter to be brought to the city of New Orleans by an order of his own, dated January "Fifth.-The expulsion of the sick and invalid 15, so that she might be secured to the State of Loupatients at the United States Hospital at New Or-isiana, although at that time the State had not only leans, in order to provide accommodation for Louisiana troops."

"Fourth.-The seizure of revenue cutters, by arrangement between their commanders and the collectors of Mobile, New Orleans and Charleston.

[ocr errors]

not seceded, but the Convention had not met, and in fact did not meet until eight days afterwards. This, Mr. Dix says it is believed that duties on imports I must confess, seemed to me a singular confession continue to be collected in the ports of entry estab- for one who at that very time had sworn to do his lished in South Carolina, Georgia, Alabama, Louisi-duty faithfully as an officer of the United States; and ana and Florida, and that vessels are entered and cleared in the usual manner; but so far as the department has been advised, the collectors assume to perform their duties under the authority of the States in which they reside, and hold and reserve the duties, subject to the same authority.

Speaking of the general subject, Mr. Dix says: Throughout the whole course of encroachment and aggression, the Federal Government has borne itself with a spirit of paternal forbearance, of which there is no example in the history of public society; waiting in patient hope that the empire of reason would resume its sway over those whom the excitement of passion has thus far blinded, and trusting that the friends of good order, wearied with submission to proceedings which they disapproved, would at no distant day rally under the banner of the Union, and exert themselves with vigor and success against the prevailing recklessness and violence."

T. Hemphill Jones, the special agent appointed to secure the revenue cutters McClelland and Lewis Cass from seizure by the Louisiana secessionists, reports to the Treasury Department that he arrived in New Orleans in pursuance of his instructions on the 26th January. He found Captain Breshwood, of the McClelland, after a long search, and handed him the following order:

[blocks in formation]

on intimating as much to Mr. Hatch, he excused himself on the ground that in these revolutions all other things must give way to the force of circumstances. Mr. Hatch likewise informed me that the officers of the cutter had long since determined to abandon their allegiance to the United States, and cast their fortunes with the independent State of Louisiana. In order to test the correctness of this statement, I addressed another communication to Captain Breshwood, of the following tenor:

NEW ORLEANS, January 29, 1861. SIR: By your note of this date I am informed that you refuse to obey the orders of the honorable Secretary of the Treasury. As, on accepting your commission, you took and subscribed an oath faithfully to discharge your duties to the Government, and as you well know, the law has placed the revenue cutters and their officers under the entire control of the Secretary of the Treasury, I request you to advise me whether you consider yourself at this time an officer in the service of the United States. Very respectfully,

WM. HEMPHILL JONES, Special Agent. To Captain BREshwood.

To this letter I never received any reply. I then repaired again on board the cutter, and asked for the order of the Collector bringing her to New Orleans. The original was placed in my possession, of which the following is a copy. And here it may be proper to observe, that the order is written and signed by the Collector himself:

[blocks in formation]

under sail to this city, and anchor the vessel under your command opposite the United States Marine Hospital, above Algiers.

Very respectfully, your obedient servant,

F. H. HATCH, Collector.

To Captain J. G. BRESHWOOD, United States Revenue
Cutter McClelland, Southwest Pass, La.

Defeated at New Orleans, Mr. Jones then took his Her way to Mobile, to look after the Lewis Cass. Captain (Morrison) could not be found, but Mr. Jones discovered in the cabin the following letter, which explains the surrender of that vessel:

STATE OF ALABAMA, COLLECTOR'S OFFICE,
January 30,

[blocks in formation]

G. G. Memminger.

Doc. 33.-CONSTITUTION OF THE CONFEDER

ATED STATES.

THE TITLE OF THE CONSTITUTION FOR THE PROVIS

IONAL GOVERNMENT OF THE CONFEDERATED STATES
OF AMERICA.

The Preamble reads as follows:

SIR: In obedience to an ordinance recently adopted by a convention of the people of Alabama, I have to require you to surrender into my hands, for the use of the State, the revenue cutter Lewis Cass, now under your command, together with her armaments, properties and provisions on board the same. I am instructed also to notify you, that you have the option to continue in command of the said revenue cutter, under the authority of the State of Alabama, in the exercise of the same duties that you have hitherto rendered to the United States, and at the same States of South Carolina, Georgia, Florida, Alabama, "We, the deputies of the sovereign and independent compensation, reporting to this office and to the Governor of the State. În surrendering the vessel to Mississippi and Louisiana, invoking the favor of the State, you will furnish me with a detailed inven- Almighty God, do hereby, in behalf of these States, tory of its armaments, provisions and properties of ordain and establish this Constitution for the proevery description. You will receive special instruc-visional government of the same, to continue one tions from this office in regard to the duties you will be required to perform. I await your immediate reply.

Very respectfully, your obedient servant,
T. SANFORD, Collector.

To J. J. MORRISON, Esq., Captain Revenue Cutter
Lewis Cass, Mobile, Ala.

Mr. Jones concludes his report with the statement, that he made a final and unsuccessful effort to recover the McClelland, but, failing in the attempt, he retraced his steps to Washington.

[blocks in formation]

year from the inauguration of the President, or until a permanent constitution or confederation between the said States shall be put in operation, whichsoever shall first occur."

The seventh section, first article, is as follows: "The importation of African negroes from any foreign country other than the slaveholding States of the United States, is hereby forbidden, and Congress is required to pass such laws as shall effectually pre

vent the same."

Article second-"Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy."

Article fourth of the third clause of the second section says:

"A slave in one State escaping to another shall be delivered up on the claim of the party to whom said slave may belong, by the executive authority of the State in which such slave may be found; and in case of any abduction or forcible rescue, full compensation, including the value of the slave, and all costs and expenses, shall be made to the party by the State in which such abduction or rescue shall take place." Article sixth of the second clause says:

"The Government hereby instituted shall 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 public debt at the time of their withdrawal from them, these States hereby declaring it to be their wish and earnest desire to adjust every thing pertaining to the common property, common liabilities, and common obligations of that Union, upon principles of right, justice, equity, and good faith."

The tariff clause provides that "the 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.”

All the other portions of the Constitution are almost identical with the Constitution of the United States.

-Commercial Advertiser.

Doc. 34.-SOUTHERN OPINIONS.

The Charleston Mercury thus discusses the power of the Southern Congress:

[ocr errors]

invariably been consistent in our desire for coöperation. When our hopes seemed about to fail, and separate State action was an "accomplished fact,' we thought it better that Georgia, powerful in re sources beyond any of her neighbors, rich and pros perous, should set up for herself, and not link her fortunes to a confederacy ruled by disorganizing charlatans, without the talent to construct, though potent to destroy; governed by chimerical schemers, In the first place, has this convention any author-business knowledge, in which she would have to without a particle of practical common sense or ity to elect a President and Vice-President of the bear more than her share of the burdens, and incur Southern Confederacy? Excepting in Mississippi, it is doubtful whether any other State convention in the South thought of any such project. What good can result from this convention assuming to elect the President and Vice-President of the Confederacy, without at the same time electing the Senators and Representatives of the Congress? Mississippi has already exercised the right to elect her Senators and Representatives to the Congress.Surely the other States should exercise the same I conceive, Mr. President, this a fitting occasion right. It will not do for her to appoint her Repre-ed to me by some of my constituency of South to discharge a commission which has been entrustsentatives by her convention, and then come here and appoint ours besides.

mercial disadvantages. But with Stephens at the more than her proportion of the financial and comhelm (for he has brains) Georgia and the South are

safe.

Doc. 35.-MEMMINGER'S SPEECH.

Carolina. I have before me a flag which some of Congress, as a model flag for the Confederate States the young ladies of South Carolina present to this of America. This flag, as it will be seen upon inspection, embraces the idea of a cross-a blue cross

on a red field.

But there is a graver matter than its absurdity behind this scheme. Is it any thing else than the policy of reconstructing the Union? Take the Constitution of the United States as it is, with all its constructive powers, and get the frontier States in Now, Mr. President the idea of a cross no doubt the Confederacy with us, and will the Constitution ever be altered? And if not altered, will we not ladies, by the beauteous constellation of the Southwas suggested to the imagination of the young have the same battle to fight over again with them, ern cross, which the great Creator has placed in the after a few years, which we have been compelled to Southern heavens, by way of compensation for the fight with the Northern States? But will a Southern confederacy exist at all with such a policy? Will glorious constitution at the north pole. The inauguration of the young ladies was doubtless inspired not all the Northern States come again into a Union with us? Why should they not? They are satis-by the genius of Dante, and the scientific skill of fied with the Constitution of the United States as it another idea associated with it, in the minds of the Humboldt. But sir, I have no doubt that there was is, open to their interpretation. It establishes a cap-young ladies-a religious one; and although we have ital despotism under their power. Of course they not seen in the heavens the "in hoc signo vinces will seek to reconstruct the Union. And will it not written upon the labarum of Constantine, yet the be done? Yes, certainly, under this scheme. After all, we will have run a round circle, and end lets of the earth; for we all know that it has been same sign has been manifested to us upon the tabby the aid of revealed religion, that we have achieved over fanaticism the victory which we this day witness; and it is becoming on this occasion that the debt of the South to the cross, should be thus recognized.

where we started.

The Augusta (Ga.) Chronicle recommends the Hon. A. H. Stephens as provisional President, because he bears no "stain of the prevalent corruption," and because he is "Southern by birth and education, patriotic beyond question, calm, sound, and mature in judgment, with a reputation that was national when we had a nation, and a favorite, at one time or another, with all parties."

[ocr errors]

I have also, Mr. President, another commission from a gentleman of taste and skill, in the city of Charleston, who offers another model, which embraces the same idea of a cross, but upon a differSuch a nomination, the Chronicle says, would re-ent ground. The gentleman who offers this model, concile the feelings of our friends at the North, and also the Union men of the South. It then says: Disguise it as we may, the greatest danger to the new confederacy arises, not from without, not from the North, but from our own people. We have only to refer to recent speeches in Congress, such as those of Clemens, Etheridge, and Nelson, to show that the indications are growing stronger that organized if not armed opposition to the new order of things may arise in States or parts of Southern States not vitally interested in the Slavery question. Such discontent is to be allayed if possible.

Our position has ever been that all the Southern States should unite in action, and we have advocated separate action and an independent State Government by Georgia only because we saw no hope for united action by all the Southern States. We have

appears to be more hopeful than the young ladies. They offer one with seven stars, six for the States already represented in this Congress, and the seventh for Texas, whose deputies, we hope, will soon be on their way to join us. He offers a flag which embraces the whole fifteen States. God grant that this hope may be realized, and that we may soon welcome their stars, to the glorious constellation of the Southern confederacy! (Applause.)

Mr. Miles-I move that a committee of one from each State be appointed to report upon a flag for the Confederate States of America. Adopted.

The States were called, and the following committee was announced:-Messrs. Shorter, of Alabama; Morton, of Florida; Barton, of Georgia; Sparrow, of Louisiana; Harris of Mississippi; and Miles, of South Carolina.

Doc. 36.-COUNTING THE VOTE.

A message was sent to the Senate, informing them that the House was now waiting to receive them, so that in a joint body the electoral votes of the President and Vice President may be opened and the result announced.

After a short interval the Senators, preceded by their officers, were announced.

The members of the House immediately rose, and remained standing till the Senators took seats in a semi-circular range, in front of the clerk's desk.

Vice President Breckinridge was conducted to the right of the Speaker, and the tellers, viz:-Senator Trumbull and Representatives Washburn, of Illinois, and Phelps, took seats at the Clerk's desk. When order was restored, Vice President BRECKINRIDGE rose and said:

"We have assembled, pursuant to the constitution, in order that the electoral votes may be counted, and the result declared, for President and Vice President for the term commencing on the 4th of March, 1861, and it is made my duty under the constitution, to open the certificates of election in the presence of the two Houses; and I now proceed to the performance of that duty.

Vice President Breckinridge then opened the package containing the electoral vote of Maine, and handed it to the tellers, when the certificate thereof was read, the Secretary of the Senate making a note thereof.

The electoral votes of New Hampshire, Massachusetts, Rhode Island, Connecticut, Vermont, and New York were similarly disposed of.

Senator DOUGLAS suggested, and no objection was made, that the formal part of the certificates, and the names of the electors, be omitted from the reading.

The reading of the vote of South Carolina was productive of good-humored excitement.

The reading of all the electoral votes having been completed, the tellers reported the result:

Whereupon the Vice President, rising, said: ABRAHAM LINCOLN, of Illinois, having received a majority of the whole number of electoral votes, is duly elected President of the United States for the four years commencing on the 4th of March, 1861:

And that HANNIBAL HAMLIN, of Maine, having received a majority of the whole number of electoral votes, is duly elected Vice President of the United States for the same term.-Commercial Advertiser.

Doc. 37.-INAUGURAL OF JEFFERSON DAVIS. Gentlemen of the Congress of the Confederate States of America, Friends and Fellow-Citizens: Called to the difficult and responsible station of Chief Executive of the Provisional Government which you have instituted, I approach the discharge of the duties assigned me with an humble distrust of my abilities, but with a sustaining confidence in the wisdom of those who are to guide and aid me in the administration of public affairs, and an abiding faith in the virtue and patriotism of the people. Looking forward to the speedy establishment of a permanent government to take the place of this, and which by its greater moral and physical power will be better able to combat with the many difficulties which arise from the conflicting interests of

separate nations, I enter upon the duties of the office to which I have been chosen, with the hope that the beginning of our career as a confederacy may not be obstructed by hostile opposition to our enjoyment of the separate existence and independence which we have asserted, and which, with the blessing of Providence, we intend to maintain.

Our present condition, achieved in a manner unprecedented in the history of nations, illustrates the American idea that governments rest upon the consent of the governed, and that it is the right of the people to alter and abolish governments whenever they become destructive to the ends for which they were established. The declared compact of the Union from which we have withdrawn was to establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity; and when in the judgment of the sovereign States now composing this confederacy, it has been perverted from the purposes for which it was ordained, and ceased to answer the ends for which it was established, a peaceful appeal to the ballot-box declared that, so far as they were concerned, the government created by that compact should cease to exist. In this they merely asserted the right which the Declaration of Independence of 1776 defined to be inalienable. Of the time and occasion of its exercise they as sovereigns were the final judges, each for itself. The impartial, enlightened verdict of mankind will vindicate the rectitude of our conduct; and He who knows the hearts of men will judge of the sincerity with which we labored to preserve the government of our fathers in its spirit.

The right solemnly proclaimed at the birth of the States, and which has been affirmed and reaffirmed in the bills of rights of the States subsequently admitted into the Union of 1789, undeniably recog nizes in the people the power to resume the author ity delegated for the purposes of government. Thus the sovereign States here represented, proceeded to form this confederacy; and it is by the abuse of language that their act has been denominated revolution. They formed a new alliance, but within each State its government has remained. The rights of person and property have not been disturbed. The agent through whom they communicated with foreign nations is changed, but this does not necessarily interrupt their international relations. Sustained by the consciousness that the transition from the former Union to the present confederacy has not proceeded from a disregard on our part of our just obligations or any failure to perform every constitutional duty, moved by no interest or passion to invade the rights of others, anxious to cultivate peace and commerce with all nations, if we may not hope to avoid war, we may at least expect that posterity will acquit us of having needlessly engaged in it. Doubly justified by the absence of wrong on our part, and by wanton aggression on the part of others, there can be no cause to doubt the courage and patriotism of the people of the confederate States will be found equal to any measures of defence which soon their security may require.

An agricultural people, whose chief interest is the export of a commodity required in every manufacturing country, our true policy is peace, and the freest trade which our necessities will permit. It is alike our interest and that of all those to whom we would sell and from whom we would buy, that

« PreviousContinue »