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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 --WEDNESDAY, April 8, 1863.
OPEN SESSION.
Mr. Clay (by leave) introduced
A bill (S. 113) to provide for the completion of the printing of 3,000 copies of the Provisional and Permanent Constitutions, and of the public acts and resolutions and treaties of the Provisional Government of the Confederate States;
which was read the first and second times and referred to the Committee on Printing.
Mr. Baker submitted the following resolution; which was considered and agreed to:
Resolved, That the Committee on Naval Affairs be instructed to inquire whether any further legislation is necessary to regulate the distribution of prize money in the Navy.
Mr. Orr, from the Committee on Foreign Affairs, to whom was referred the bill (H. R. 23) to amend an act entitled "An act to organize the Department of State," approved February 21, 1861, reported it with the recommendation that it ought not to pass.
Mr. Brown, from the Committee on Naval Affairs, to whom were referred the following bills:
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reported them severally with the recommendation that they ought not to pass.
Mr. Brown, from the Committee on Naval Affairs. to whom was referred the bill (H. R. 21) to amend an act entitled "An act to authorize the Secretary of the Navy to make certain contracts without advertising for proposals," approved August 29, 1861, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 21) last mentioned; and no amendment being made, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said bill was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Brown, from the Committee on Naval Affairs, to whom were referred the following bills:
The Senate proceeded, as in Committee of the Whole, to the consideration of the bills last mentioned; and no amendment being made, they were reported to the Senate.
Ordered, That they be engrossed and read a third time.
The said bills were severally read the third time.
Resolved, That they pass, and that the titles thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives in said bills.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed bills of the following titles; in which they request the concurrence of the Senate:
The House of Representatives have refused, upon reconsideration, to pass the bill of the Senate (S. 36) to increase the strength and efficiency of heavy artillery for seacoast defense, returned by the President with his objections.
Mr. Phelan, from the Committee on Printing, to whom was referred the bill (S. 75) to provide for having the laws relating to military and naval affairs digested and published, reported it with an amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 75) last mentioned; and the reported amendment having been agreed to. the bill was reported to the Senate and the amendment was concurred in.
Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time.
Resolved, That it pass, and that the title thereof be as aforesaid.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
The bills received this day from the House of Representatives for concurrence were severally read the first and second times.
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Ordered, That the bill numbered 28 be referred to the Committee on Military Affairs and that the bills numbered 29 and 30 be referred to the Committee on the Judiciary.
The Senate proceeded to consider the motion submitted by Mr. Clay on yesterday to reconsider the vote on passing the bill (H. R. 17) to aid committees of Congress in the investigation of matters referred to them, and to punish false swearing before said committees; and
The motion was agreed to.
The Senate proceeded to consider the said bill; and
On motion by Mr. Clay,
Ordered, That it be recommitted to the Committee on the Judiciary.
On motion by Mr. Barnwell,
The Senate resolved into secret, legislative session.
The doors having been opened,
The following message was received from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed the bill of the Senate (S. 27) defining who shalt be exempt from military service in the armies of the Confederate States, with an amendment; in which they request the concurrence of the Senate.
The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. 27) last mentioned; and
On motion by Mr. Sparrow,
Resolved, That the Senate disagree to the amendment of the House of Representatives to the said bill, and ask a conference on the disagreeing votes of the two Houses thereon.
On motion by Mr. Sparrow,
Ordered, That the committee of conference on the part of the Senate be appointed by the President pro tempore; and
Mr. Sparrow, Mr. Phelan, and Mr. Mitchel were appointed.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Maxwell,
The Senate adjourned.
SECRET SESSION.
Mr. Johnson of Arkansas gave notice of his intention to offer an amendment to the bill (S. 21) for the condemnation to public use of all cotton within the Confederate States, providing for the payment thereof, and for other purposes; which was ordered to be printed.
The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 18) to lay taxes for the common defense and carry on the Government of the Confederate States.
On motion by Mr. Phelan, to amend the amendment reported by the Committee on Finance by striking out "and," section 5, line 143, and inserting "or,"
It was determined in the affirmative.
On motion by Mr. Simms, to amend the reported amendment by striking out, section 5, lines 140 and 141, the words "and one per centum on the gross amount of sales made,"
It was determined in the negative.
On motion by Mr. Davis, to amend the reported amendment by striking out, section 5, lines 145 and 146, the words "or cakes of any description, pies and such like articles,"
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It was determined in the affirmative.
On motion by Mr. Simms, to amend the reported amendment by striking out, section 6, line 5, the words "first day of April" and inserting "the passage of this act,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the reported amendment by striking out, section 7, lines 11, 12, and 13, the words "nor of any person whose salary is prohibited to be diminished by the Constitution of the Confederate States, or of any State,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the reported amendment by inserting after "military," section 7, line 3, the words "service, below the rank of colonel,"
On motion by Mr. Yancey,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Clay, Dortch, Haynes, Johnson of Arkansas, Mitchel, Oldham, Simms, and Yancey.
Those who voted in the negative are,
Messrs. Barnwell, Burnett, Caperton, Clark, Davis, Henry, Hill; Hunter, Johnson of Georgia, Maxwell, Orr, Peyton, Phelan, Semmes, Sparrow, and Wigfall.
On motion by Mr. Yancey, to amend the reported amendment by inserting after "service," section 7, line 3, the words "below the rank of captain,"
It was determined in the negative.
On motion by Mr. Davis, to amend the reported amendment by inserting after "military," section 7, line 3, the words "service in the field,"
It was determined in the negative.
On motion by Mr. Johnson of Arkansas, to amend the reported amendment by inserting after "military," section 7, line 3, the words "service, below the rank of brigadier-general,"
On motion by Mr. Johnson of Arkansas,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Baker, Clay, Dortch, Haynes, Johnson of Arkansas, Oldham, Simms, and Yancey.
Those who voted in the negative are,
Messrs. Barnwell, Brown, Burnett, Caperton, Clark, Davis, Henry, Hill, Hunter, Johnson of Georgia, Maxwell, Orr, Peyton, Phelan, Semmes, Sparrow, and Wigfall.
On motion by Mr. Semmes, to amend the reported amendment by filling the blank in the sixteenth line of the eighth section with "ten,"
It was determined in the affirmative.
On motion by Mr. Semmes, to amend the reported amendment by inserting after "rent," section 8 line 16, the words "except that the rent derived from houses shall be subject to a deduction of not exceeding five per cent for annual repairs,"
It was determined in the affirmative.
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On motion by Mr. Simms, to amend the reported amendment by striking out, section 8, lines 52 and 53, the words "whatever, except the interest on Confederate bonds, stocks, and call certificates, which shall be exempt from taxation,"
On motion by Mr. Simms,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clark, Clay, Henry, Hill, Johnson of Georgia, Johnson of Arkansas, Mitchel, Phelan, and Simms.
Those who voted in the negative are,
Messrs. Baker, Barnwell, Brown, Burnett, Caperton, Davis, Dortch, Haynes, Hunter, Orr, Peyton, Semmes, Sparrow, Wigfall, and Yancey.
On motion by Mr. Davis, to amend the reported amendment by inserting after "business," section 8, line 50, the words "and in case of mutual insurance companies, the amount of losses paid by them during the year,"
It was determined in the affirmative.
On motion by Mr. Haynes, to amend the reported amendment by striking out, section 8, lines 78, 79, 80, and 81, the words
That the incomes and profits upon which the above tax is to be imposed shall not be deemed to include the products of land which are taxed in kind as hereinafter described,
and inserting:
That the incomes and profits of farmers and planters derived from the nine-tenths of the wheat, corn, oats, rye, barley, buckwheat, hay, fodder, sugar, cotton, wool, tobacco, peas, ground peas, beans, pork, or bacon, left in the hands of said farmers and planters, after deducting the one-tenth hereafter required to be paid in kind to the Government, and of the horses, mules, and asses, by persons raising the same, herein taxed, are hereby excepted from any other tax under this act,
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the reported amendment by striking out the word "annual," where it occurs in the fifty-ninth, sixty-first, sixty-third, and sixty-fifth lines of the eighth section, and inserting after the word "incomes," where it occurs in the same lines, "received during the year,"
It was determined in the affirmative.
On motion by Mr. Dortch, to amend the reported amendment by inserting the following independent section:
On motion by Mr. Dortch,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Caperton, Clark, Clay, Dortch, Haynes, Henry, Hill, Mitchel, Peyton, and Yancey.
Those who voted in the negative are,
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Messrs. Barnwell, Burnett, Davis, Hunter, Johnson of Georgia, Johnson of Arkansas, Maxwell, Oldham, err, Phelan, Semmes, Simms, Sparrow, and Wigfall.
On motion by Mr. Hunter, to amend the proposed amendment by striking out "stemmed," section 10, line 9, and inserting "stripped,"
It was determined in the affirmative.
On motion by Mr. Yancey, to amend the reported amendment by inserting after "packed," section 10, line 8, the words "in some secure manner,"
It was determined in the affirmative.
An amendment having been proposed to the reported amendment by Mr. Johnson of Georgia,
After debate,
On motion by Mr. Brown,
The Senate resolved into executive session.
EXECUTIVE SESSION.
Mr. Brown, from the Committee on Naval Affairs, to whom was referred the nominations of Sidney H. McAdam and Leon Smith, to be lieutenants for the war; J. Campbell Murdoch and Samuel M. Roberts, to be second lieutenants in the Marine Corps, reported, with the recommendation that all of said nominations be confirmed.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That the Senate advise and consent, to their appointment, agreeably to their respective nominations by the President.
On motion by Mr. Sparrow,
The Senate resolved into open legislative session.
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