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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journal of the Confederate Congress --TWENTY-SECOND DAY--SATURDAY, December 14, 1861.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume I]
TWENTY-SECOND DAY--SATURDAY, December 14, 1861.

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OPEN SESSION.

Congress met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Hoge.

Congress then resolved itself into secret session.

SECRET SESSION.

The Chair presented certain estimates from the Secretary of the Navy; which were referred to the Committee on Finance, without being read.

Mr. Orr, from the Committee on Engrossment, reported as correctly engrossed and enrolled

A resolution to make an advance to the State of South Carolina on account of her claims against the Confederate States.

The Chair presented a communication on the flag and seal of the Confederacy; which was referred to the Committee on Flag and Seal, without being read.

The Chair also presented a communication from the President, returning to Congress

A bill for the granting of furloughs and discharges in certain cases, together with his objections to the same; which is as follows:

To the Congress of the Confederate States.

Gentlemen: I deem it my duty to return for your reconsideration, with my objections, "An act regulating furloughs and discharges in certain cases." I am unable to sign this act, as my judgment does not approve it, and I respectfully submit to you my reasons for withholding my signature.

By the terms of the act any sick or invalid soldier now out of camp, whether in hospital or not, shall be entitled to furlough or discharge, on the ground of bodily disability, upon the certificate of any surgeon of the Confederate States or of any surgeon of a hospital where the soldier is treated, whether such surgeon be in the Army or not. My objections lie both as to the principle of this act and the practical difficulties which will embarrass its execution.

• I. I can not but regard it as extremely unwise to grant control over any soldier, to the extent, of discharging him from service, to any body of men not employed in the service, of the Government, over whom it exercises no control, and who present to it no guarantee whatever for the faithful discharge of the duties imposed on them. In the medical, as in all other professions, there are incompetent as well as unworthy men. This bill proposes to place the power of discharging from the public service the whole body of absent soldiers, now amounting probably to not less than 30,000 men, at the mercy of any physician who may call his office a hospital. The absent soldiers, out of camp, scattered over the entire Confederacy are to be allowed to leave the service at pleasure on producing the certificate of some man who signs himself a physician in charge of a hospital. No means are provided by the bill and, in the nature of things, no means can well be devised by which it can be ascertained at the office of the Adjutant-General whether the signature to the certificate is genuine or not; whether if genuine the signature is that of a physician, nor whether the signer if he be a physician, have really a hospital in which the sick soldier is treated. I venture to say that there is not a man now out of camp, whether sick or well, who could not readily find means for procuring such a certificate as this bill contemplates at the most trifling cost.
• II. Again, the bill applies to those only who are now out of camp. But if the principle of the bill is right, its application should be continuous and permanent, and I can not discover any reason why it should be confined to those not in camp. If a man out of camp is to have his discharge on a certificate of a surgeon and when far removed from the supervision of commanders, why not give the same right to the soldier in camp, where the presence of the commander would at least cheek the issue of fraudulent certificates? And if it be right to adopt this rule at all, why is it not as

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  well applicable to men who will be absent from camp next week as to those now, absent? The special limitations of the bill to soldiers out of camp, and to these only now out of camp, indicate an intention to provide for some present exceptional emergency not defined with sufficient accuracy to prevent great mischief in the practical working of the law. If there be such emergency, to what class of cases does it extend? Does it exist everywhere, or only at one or more determinate points? The language of the bill requires to be better guarded to meet what I infer, from its phraseology, to be an exceptional case; and if there be such a case, I respectfully submit to Congress that it might be remedied in a less objectionable manner than is provided for in the bill.

• III. It is obvious that, the intent and purpose of this bill was humane, and directed to ameliorating the condition of the sick soldier, but in very many cases the opposite effect will be produced. The sick soldier, entitled to either furlough or discharge, now obtains it through the regularly appointed officers of the Government, provided with blank forms to be properly filled up, by means of which the rights of the soldier to his transportation and allowances can be readily liquidated. But by the provisions of the bill it will very frequently occur that owing to irregularities in his papers it will be impossible that his account can be settled at the office of the paymaster; still worse, he may be exposed to the loss of his cherished honor, to be branded as a deserter by his failure to secure the proper evidence of his honorable discharge.

I do not think that Congress can have been aware, that some weeks prior to the passage of this bill, the War Department had issued regulations relaxing the former rules dispensing with many of the formalities and simplifying the means of obtaining furloughs and discharges for the sick. I annex a copy of these regulations, which go as far as is in my opinion compatible with the necessities of the service, and which seem to me to render the legislation now proposed unnecessary.

JEFFERSON DAVIS.

General Orders, No. 17.Adjutant and Inspector General's Office,
Richmond, Va., November 7, 1861.

Paragraphs IV and V of Army Regulations, published for guidance of the Army, August, 1861, are modified as follows:

• "IV. Whenever a noncommissioned officer or soldier shall be unfit for military service in consequence of wounds, disease, or infirmity, his captain shall forward, through the commander of the regiment or battalion, to the brigade commander, or other officer next higher in rank to the commander of the regiment or battalion, a statement of the case, with a 'certificate of disability,' signed by the medical officer having charge of the invalid, with a recommendation for discharge or furlough, as the case may require; and if the recommendation be approved, the authority for discharge or furlough shall be indorsed on the 'certificate of disability,' which shall then be returned to the commanding officer of the regiment or battalion, who will cause the proper papers to be made out--final statements and discharge in the first case, furloughs and descriptive rolls in the second. The certificate of disability, properly indorsed in case of discharge, will be forwarded by commanding officer to Adjutant and Inspector General.
• "V. Where invalids are absent from their regiments or companies in hospitals, the surgeon in charge will make out certificates of disability in all cases of disease likely to prove of long continuance, and forward them to commanding officer of regiment or battalion to which the invalid belongs, for reference, as prescribed in preceding paragraph."

By order of Secretary of War:

S. COOPER,
Adjutant and Inspector General.

Mr. Ochiltree moved to postpone the consideration of the message of the President until Monday next.

The motion was agreed to.

And on motion of Mr. Johnson of Arkansas, the message of the President and the accompanying documents were ordered to be printed.

Mr. Kenner, from the Committee on Finance, reported and recommended the passage of

A bill making appropriations for the expenses of the Government in the legislative, executive, and judicial departments for the year ending lath February, 1862.

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Which, on motion, was postponed until Monday, placed on the Calendar, and ordered to be printed.

Executive Department,
Richmond December 14, 1861.

Mr. President: The President has this day approved and signed

A resolution to make an advance to the State of South Carolina, on account of her claims against the Confederate States.

ROBERT JOSSELYN,
Private Secretary.

Mr. Kenner, from the Committee on Finance, reported and recommended the passage of a

Resolution appointing John D. Morris, of Kentucky, a receiver under the act of sequestration, approved August 30, 1861;
which was read first and second [times].

Mr. Toombs moved that the further consideration of the resolution be postponed for the present, and that it be placed on the Calendar and printed.

The motion was not agreed to.

Mr. Macfarland moved that the message of the President and the accompanying documents, relative to the appointment of John D. Morris, be printed.

The motion was not agreed to.

Mr. Rhett called the question, which was upon ordering the bill to be engrossed for a third reading; and

The call being sustained, the resolution was engrossed, read third time, and passed.

Congress then resolved itself into executive session; and having spent some time therein, again resolved itself into legislative session.

A message was received from the President, by the hands of his Private Secretary, Mr. Josselyn.

The hour of 1 o'clock p. m. having arrived, which was the hour for taking up the special order of the day; which was

A bill to admit the Territory of Arizona, and to create the office of surveyor-general therein.

The consideration of the same, on motion of Mr. Campbell, was postponed until Monday next.

On motion of Mr. Kenner, Congress then proceeded to the consideration of a Calendar bill, reported from the Committee on Finance; which was

A bill further supplementary to an act to authorize the issue of Treasury notes, and to provide a war tax for their redemption;

And the first section of the same being under consideration; which is as follows, to wit:

• Section 1. The Congress of the Confederate States of America do enact, That the Secretary of the Treasury is hereby authorized to pay over to the several banks which have made advances to the Government, in anticipation of the issue of Treasury notes, a sufficient amount of Treasury notes to pay the principal and interest due upon the said advance, according to the engagements made with them,

Mr. Kenner, from the Committee on Finance, moved to amend the same by inserting after the word "amount" the following words, to wit: "not exceeding ten millions of dollars for the principal."

The amendment was agreed [to], and the section as amended reads as follows, to wit:

• Section 1. The Congress of the Confederate States of America do enact, That the Secretary of the Treasury is hereby authorized to pay over to the several banks which

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  have made advances to the Government, in anticipation of the issue of Treasury notes, a sufficient amount, not exceeding ten millions of dollars for the principal, of Treasury notes to pay the principal and interest due upon the said advance, according to the engagements made with them.

The second section of the bill being under consideration; which is as follows, to wit:

• Sec. 2. The time fixed by the said act, to which this act is further supplementary, for making assessments, is hereby extended to the first day of January next; and the time for the completion and delivery of the lists is extended to the first day of February next; and the time for the return of the said lists to the chief collector is extended to the first day of March next; and in cases where the time thus fixed shall be found insufficient, the Secretary of the Treasury shall have power to make further extension as circumstances may require.

And no amendments to the same being proposed,

Congress proceeded to the consideration of the third section; which is as follows, to wit:

• Sec. 3. The cash on hand or on deposit in bank, or elsewhere, mentioned in the fourth section of said act, is hereby declared to be subject to assessment and taxation; and the money at interest, or invested by individuals in the purchase of bills, notes, and other securities for money, shall be deemed to include securities for money belonging to nonresidents, and such securities shall be returned and the tax thereon paid by any agent or trustee having the same in possession or under his control. The term "merchandise" shall be construed to include merchandise belonging to any nonresident, and the property shall be returned and the tax paid by any person having the same in possession as agent, attorney, or consignee. The exception allowed by the twentieth section for agricultural products shall be construed to embrace such products only when in the hands of the producer, or hold for his account.

Mr. Scott moved to amend the same by adding, at the end thereof the following words, to wit:
But no tax shall be assessed or levied on any money at interest secured by bills, notes, or other securities if, by reason of insolvency, payment of such money can not be actually enforced; and no person shall be compelled to include in his list of taxable property any insolvent security held by him. In ascertaining the amount of money at interest, held by any person, all liquidated claims and demands owing to others by such person as principal debtor, shall be deducted.

Mr. Kenner called for a division of the question; which was agreed to;

When,

Mr. House offered as a substitute for the first part of the amendment of Mr. Scott the following, to wit:
Provided the assessor shall have the same power to fix the value of securities for debt, as he has in relation to the other property mentioned in this act.

Mr. Garland moved to lay both the amendment and the substitute on the table, and called the question; which was seconded.

And the vote having been taken thereon, the motion to lay on the table did not prevail.

The question then recurred upon agreeing to the amendment by way of substitute offered by Mr. House.

And the vote having been taken thereon, the same was not agreed to.

Mr. Chilton moved to amend the amendment of Mr. Scott by substituting in lieu of the first part thereof the following, to wit:
But no tax shall be assessed or levied on any money at interest when the note, bond, bill, or other security, taken for its payment, shall be worthless from the insolvency and total inability to pay of the payer or obligor or persons liable to make such payment; and all securities for money taxable trader this act shall be assessed according to their value, and the assessor shall have the same power to ascertain the value of such securities as the law confers upon him with respect to other property.

The amendment was not agreed to.

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Mr. Conrad moved to amend by inserting in lieu of the first part of the amendment of Mr. Scott the following words, to wit:
That thesection of the said act be so amended that in case the debtors of any debt subject to taxation be deemed by the creditor insolvent, he shall have the right to have the same valued by disinterested parties, whereof one shall be chosen by the assessor and one by the creditor, and in case of disagreement they shall choose an umpire, who shall be sworn to make an impartial valuation thereof, and the tax shall be assessed on such value.

Mr. Sparrow called the question; which was seconded, and the vote having been taken thereon, the amendment was not agreed to.

Mr. De Witt moved to reconsider the vote by which the amendment of Mr. Chilton was lost.

Mr. Johnson of Arkansas moved to lay the motion to reconsider on the table.

The motion to lay on the table did not prevail.

Mr. Waul called the question, which was upon agreeing to the motion of Mr. De Witt, to reconsider the vote by which the amendment of Mr. Chilton was lost; and the call being sustained and the vote taken thereon, the motion to reconsider was agreed to.

Mr. Waul called the question, which was upon agreeing to the amendment of Mr. Chilton; and the call being sustained, the vote was taken, and the amendment was agreed to.

The question then recurring upon the adoption of the amendment of Mr. Chilton, the vote was taken and the same was adopted.

The question then recurring upon agreeing to the second portion of the amendment of Mr. Scott.

Mr. Waul called the question; which was seconded;

When,

Mr. Johnson of Arkansas, at the instance of his State, demanded that the yeas and nays of the whole body be recorded thereon; which are as follows, to wit:

• Alabama--Nay: Messrs. Walker, Curry, Chilton, and Jones.
• Arkansas--Yea: Messrs. Thomason and Watkins. Nay: Messrs. Johnson and Garland.
• Florida--Nay: Mr. Morton.
• Georgia--Nay: Messrs. Crawford and Wright.
• Louisiana--Nay: Messrs. De Clouet, Conrad, Kenner, and Sparrow.
• Mississippi--Yea: Mr. Campbell. Nay: Messrs. Harris, Brooke, Orr, Bradford, and Harrison.
• Missouri--Nay: Messrs. Cooke, Conrow, and Bell.
• North Carolina--Yea: Messrs. Smith, Venable, Morehead, and Craige. Nay: Messrs. Davis and Avery.
• South Carolina--Yea: Mr. Boyce. Nay: Messrs. Rhett, Barnwell, and Keitt.
• Tennessee--Yea: Messrs. De Witt, Thomas, and Caruthers. Nay: Mr. House.
• Texas--Yea: Mr. Hemphill. Nay: Messrs. Reagan, Waul, and Ochiltree.
• Virginia--Yea: Messrs. Seddon, W. B. Preston, Tyler, Macfarland, Bocock, Rives, Scott, Russell, and Walter Preston.

Yea: North Carolina, Tennessee, and Virginia, 3.

Nay: Alabama, Florida, Georgia, Louisiana, Mississippi, Missouri, South Carolina, and Texas, 8.

Divided: Arkansas, 1.

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So the amendment was not agreed to.

Mr. Davis moved to amend by adding at the end of the section the following words, to wit:
Crude turpentine shall be considered an agricultural product and shall not be taxable in the hands of the producer, or of anyone purchasing it for distillation.

Mr. Seddon moved to amend the amendment by striking out therefrom the words "or of anyone purchasing it for distillation."

Mr. Sparrow moved to lay the amendment and the amendment to the amendment on the table, and called the question; which was seconded.

And the vote having been taken, the motion to lay on the table prevailed.

Mr. Campbell moved to amend by adding the following words, to wit:
The term "money at interest" shall not be construed to embrace accounts, notes, bills, or other securities for merchandise or property sold, or services rendered, and not being for money loaned.

Pending the consideration of which,

Congress, on motion of Mr. Orr of Mississippi,

Adjourned until Monday at 12 o'clock m.

EXECUTIVE SESSION.

Congress being in executive session,

The Chair presented a communication from the President, making sundry nominations; which, upon motion, were referred to the Committee on Commerce.

The Chair also laid before Congress a communication from the President, making nominations of tax collectors; which were referred to the Committee on Finance.

Congress then went into legislative session.

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