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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 --FRIDAY, April 17, 1863.
OPEN SESSION.
Mr. Maxwell (by leave) introduced
A bill (S. 121) to fix the salary of the Commissioner of Patents;
which was read the first and second times and referred to the Committee on Patents.
Mr. Brown (by leave) introduced
A bill (S. 122) to allow compensation to William A. Addison as an acting assistant adjutant-general;
which was read the first and second times and referred to the Committee on Claims.
Mr. Brown (by leave) introduced
A bill (S. 123) to provide for the appointment of a commissioner-general of accounts;
which was read the first and second times and referred to the Committee on Finance.
Mr. Caperton (by leave) introduced
A bill (S. 124) fixing the salary of the judge of the district court of the eastern district of Virginia;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Johnson of Arkansas, from the Committee on Indian Affairs, to whom was referred the bill (H. R. 39)to provide certain regulations for holding elections for Delegates to the Congress of the Confederate States in certain Indian nations, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 39) last mentioned; and the reported amendments having been agreed to, the bill was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
Mr. Burnett, from the Committee on Military Affairs, to whom was referred, the joint resolution (H. R. 10) to provide for the payment of certain accounts of the acting quartermaster and other officers of the Indian troops, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution (H. R. 10) last mentioned; and the reported amendments having been agreed to, the resolution was reported to the Senate and the amendments were concurred in.
Ordered, That the amendments be engrossed and the resolution read a third time.
The said resolution as amended was read the third time.
Resolved, That it pass with amendments.
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.
Mr. Henry, from the Committee on Military Affairs, to whom was referred the bill (S. 40) to repeal an act to establish places of rendezvous
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for the examination of enrolled men, reported it with the recommendation that it ought not to pass.
On motion by Mr. Sparrow,
Ordered, That the Committee on Military Affairs be discharged from the further consideration of the joint resolution (H. R. 12) authorizing the payment of rent for the building occupied by the Quartermaster's Department, and that it be referred to the Committee on Finance.
Mr. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (H. R. 32) to amend an act entitled "An act to provide for an increase of the Quartermaster and Commissary Departments," approved February 15, 1862, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 32) 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. Sparrow, from the Committee on Military Affairs, to whom was referred the bill (S. 114) to confer upon the Chief of the Bureau of Ordnance the rank, pay, and emoluments of a brigadier-general in the Provisional Army of the Confederate States, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the bill (S. 114) last mentioned; and
After debate,
On motion by Mr. Johnson of Arkansas,
Ordered, That it be postponed indefinitely.
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:
On motion by Mr. Yancey, the vote on passing the bill (H. R. 42) to liquidate a claim due to the State of Alabama for the steamer Florida was reconsidered.
The Senate proceeded to consider the said bill; and
On the question,
Shall the bill pass?
The vote having been taken by yeas and nays, conformably to the ninth section of the first article of the Constitution,
Those who voted in the affirmative are,
Messrs. Brown, Burnett, Caperton, Clay, Davis, Dortch, Haynes, Henry, Hill, Hunter, Johnson of Georgia, Maxwell, Oldham, Orr, Peyton, Simms, Sparrow, Wigfall, and Yancey.
Mr. Johnson of Arkansas voted in the negative.
So it was
Resolved, That this bill pass, two-thirds of the Senators present voting in favor thereof.
Ordered, That the Secretary inform the House of Representatives thereof,
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Mr. Davis, from the Committee on Claims, to whom was referred the joint resolution (H. R. 9) for the relief of H. H. Epping, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the joint resolution (H. R. 9) last mentioned; and no amendment being made, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said resolution was read the third time.
Resolved, That it pass.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed a bill of the Senate (S. 75) to provide for having the laws relating to military and naval affairs digested and published, with amendments; in which they ask the concurrence of the Senate.
And they have concurred in the report of the committee of conference on the disagreeing votes of the two Houses on the bill (S. 27) defining who shall be exempt from military service in the armies of the Confederate States.
The Speaker of the House of Representatives having signed three enrolled bills, I am directed to bring them to the Senate for the signature of their President.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives have passed a bill and joint resolution of the following titles; in which they request the concurrence of the Senate:
Mr. Dortch, from the committee, reported that they had examined and found truly enrolled bills of the following titles:
The President pro tempore having signed the enrolled bills last reported to have been examined, they were delivered to the Secretary of the Senate and by him forthwith presented to the President of the Confederate States for his approval.
On motion by Mr. Haynes, that the Senate proceed to the consideration of the bill (H. R. 3) to repeal certain clauses of an act entitled "An act to exempt certain persons from military service," etc., approved October 11, 1862,
Mr. Haynes demanded the question; which was seconded, and
The question being put,
On motion by Mr. Phelan,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Brown, Burnett, Caperton, Davis, Dortch, Haynes, Henry, Hunter, Maxwell, Mitchel, Peyton, Phelan, Simms, and Sparrow.
Those who voted in the negative are,
Messrs. Clark, Clay, Hill, Johnson of Georgia, Johnson of Arkansas, Oldham, Orr, Wigfall, and Yancey.
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So the Senate proceeded, as in Committee of the Whole, to the consideration of the bill (H. R. 3) to repeal certain clauses of an act entitled "An act to exempt certain persons from military service," etc., approved October 11, 1862.
On motion by Mr. Haynes, to amend the bill by striking out all after the enacting clause and inserting:
That certain persons, as hereinafter provided, are, and shall be, exempt from military service in the Provisional Army of the Confederate States:
Mr. Burnett demanded the question; which was seconded, and
The question being put,
On motion by Mr. Haynes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Brown, Burnett, Caperton, Clay, Davis, Dortch, Haynes, Henry, Hunter, Maxwell, Mitchel, Orr, Phelan, Semmes, Simms, Sparrow, and Yancey.
Those who voted in the negative are,
Messrs. Clark, Hill, Johnson of Georgia, Johnson of Arkansas, Oldham, Peyton, and Wigfall.
On motion by Mr. Phelan, to amend the amendment last agreed to by adding thereto the following:
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military duty; members of both Houses of the Congress of the Confederate States, and of the legislatures of the several States, and their respective officers.
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On motion by Mr. Hill, that the bill be postponed indefinitely,
On motion by Mr. Haynes,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Clark, Hill, Johnson of Georgia, and Johnson of Arkansas.
Those who voted in the negative are,
Messrs. Barnwell, Brown, Burnett, Caperton, Clay, Davis, Haynes, Henry, Hunter, Maxwell, Mitchel, Orr, Phelan, Semmes, Simms, Sparrow, Wigfall, and Yancey.
On the question to agree to the amendment proposed by Mr. Phelan,
After debate,
Mr. Haynes demanded the question; which was seconded, and
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The question being put,
On motion by Mr. Orr,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Brown, Burnett, Caperton, Dortch, Henry, Hill, Johnson of Georgia, Maxwell, Phelan, Semmes, Simms, Sparrow, Wigfall, and Yancey.
Those who voted in the negative are,
Messrs. Clark, Davis, Haynes, Hunter, Johnson of Arkansas, Mitchel, and Orr.
On motion by Mr. Yancey, to amend the amendment last agreed to by adding thereto the following:
It was determined in the negative.
No further amendment being made, the bill was reported to the Senate and the amendment was concurred in.
Ordered, That the amendment be engrossed and the bill read a third time.
The said bill as amended was read the third time.
Resolved, That it pass with an amendment.
On motion by Mr. Davis, the title was amended so as to read: "An act to exempt certain persons from military duty, and to repeal the acts heretofore passed by Congress on the same subject."
Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.
The bills received this day from the House of Representatives for concurrence were severally read the first and second times.
Ordered, That the bill numbered 45 be referred to the Committee on Military Affairs; that the bill numbered 46 be referred to the Committee on Claims, and that the bill numbered 47 be referred to the Committee on the Judiciary.
The joint resolution (H. R. 13) to establish a seal for the Confederate States was read the first and second times and considered as in Committee of the Whole; and
On motion by Mr. Semmes,
Ordered, That it lie upon the table.
Mr. Sparrow (by leave) introduced
A bill (S. 125) to ratify and confirm the acquisition by the Government of certain property;
which was read the first and second times and referred to the Committee on the Judiciary.
Mr. Sparrow (by leave) introduced
A bill (S. 126) to provide for the compensation of certain persons therein named;
which was read the first and second times and referred to the Committee on Military Affairs.
On motion by Mr. Barnwell, the Senate resolved into secret legislative session.
The doors having been opened,
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The following message was received from the House of Representatives, by Mr. McDonald:
Mr. President: The House of Representatives has passed a bill (H. R. 48) allowing hospital accommodations to sick and wounded officers; in which they request the concurrence of the Senate.
On motion by Mr. Davis,
The Senate adjourned.
SECRET SESSION.
A message from the House of Representatives, by Mr. McDonald:
Mr. President: The Speaker of the House of Representatives having signed two enrolled bills, I am directed to bring them to the Senate for the signature of their President.
Mr. Barnwell, from the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. 18) to lay taxes for the common defense and carry on the Government of the Confederate States, reported
That they have met the committee on the part of the House of Representatives, and, after full and free conference, have agreed to recommend and do recommend to their respective Houses an follows:
That the House of Representatives agree to the amendment of the Senate to the said bill, with the following amendments:
In section 1, first line, strike out the words "a tax of fifteen per centum" and insert "there."
In section 1, line 10, after the word "next," insert the words "and not necessary for family consumption for the unexpired portion of the year eighteen hundred and sixty-three."
In section 1, line 7, strike out the words "not owned by the producers" and insert the words "held or owned."
In section 1, lines 8, 9, and 10, strike out the following words: "and on the value of all naval stores, cotton, wool, and tobacco owned by the producers on the first day of July next," and in the eleventh line after the word "growth," insert the words "or production."
In section 1, line 13, strike out the word "five" and insert the word "eight."
In section 1, line 14, strike out the words "Confederate or State Treasury notes."
In section 1, lines 16, 17, 18, and 19, strike out the words "and on all credits on which the holder has refused to receive Treasury notes in payment, a tax of two per centum," and insert "and on the value of all credits on which the interest has not been paid, held, or owned by any person, copartnership, or corporation on the flint day of July next, and not employed in a business the income derived from which is taxed under the provisions of this act, there shall be levied and collected a tax of one per centum."
Strike out, in section 5, tenth and eleventh clauses, from line 123 to 135, inclusive, the words
"Keepers of hotels, inns, taverns, and boarding houses shall pay forty dollars. Every place where food and lodgings are provided for and furnished travelers, sojourners, or hoarders, in view of payment therefor, shall be regarded am a hotel, inn, tavern, or boarding house under this act.
"XI. Keepers of eating houses shall pay forty dollars. Every place where food or refreshments of any kind are provided for casual visitors, and sold for consumption therein, shall be deemed an eating house under this act," and insert as follows:
"Hotels, inns, taverns, and eating houses shall be classified and rated according to the yearly rental; or, if not rented, according to the estimated value of the yearly rental of the house or property occupied or intended to be occupied as a hotel, inn, tavern, or eating house, as follows, to wit: In cases where the actual or estimated rent shall amount to ten thousand dollars or more they shall constitute the first class, and pay an annual sum of five hundred dollars; in cases where said rent shall be five thousand dollars and less than ten thousand dollars they shall constitute the second class, and pay an annual sum of three hundred dollars; and in cases where said rent shall be two thousand five hundred dollars and less than five thousand dollars they shall constitute the third class, and pay an annual sum of two hundred dollars; in
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cases where said rent shall be one thousand dollars and less than two thousand five hundred dollars they shall constitute the fourth class, and pay an annual sum of one hundred dollars; and in cases where said rent shall be less than one thousand dollars they shall constitute the fifth class, and pay an annual sum of thirty dollars. Every place where food and lodgings, or lodgings only, are provided for and furnished travelers, sojourners, or boarders, in view of payment therefor, the income or receipts from which amount to five hundred dollars from that source, shall be regarded a hotel, inn, or tavern under this act.
"XI. That every place where food or refreshments of any kind are provided for casual visitors, and sold for consumption therein, and every boarding house in which there shall be six boarders or more shall be deemed an eating house under this act."
Insert, in section 5, line 143, after the word "brokers," the words "or commission merchants."
Insert, in section 5, line 157, after the word "broker," the words "or commission merchant."
Strike out, in section 6, line 5, the word "collector" and insert the word "assessor."
Strike out, in section 6, line 13, the word "collector" and insert the word "assessor."
Insert, section 8, line 7, after the word "business," the words "whether registered or not."
Insert, in section 8, line 11, after the word "whatever," the words "except salaries."
Insert, in section 8, line 51, after the word "from," the words "boat or."
Strike out, in section 8, lines 84, 85, and 86, the following words: "except the interest on Confederate bonds, stocks, and call certificates, which shall be exempt from taxation."
Insert, in section 8, line 90, after the word "States," as follows:
"And, in estimating income, there shall be included the value of the estimated annual rental of all dwellings, houses, buildings, or building lots in cities, towns, or villages occupied by the owners, or owned or not occupied or hired, and the value of the estimated annual hire of all slaves not engaged on plantations or farms, and not employed in some business or occupation the profits of which are taxed as income under this act."
Strike out, in section 8, from line 94 to 108, inclusive, the words "All incomes received during the year, between five hundred dollars and fifteen hundred dollars, shall pay a tax of five per cent on their amount; and all incomes received during the year, between fifteen hundred dollars and ten thousand dollars, shall pay a tax of ten per cent on their amount. All incomes received during the year, between ten thousand dollars and fifteen thousand dollars, shall pay a tax of twelve and a half per cent on their amount; and all incomes received during the year, of more than fifteen thousand dollars, shall pay a tax of fifteen per centum on their amount," and insert the following: "On all incomes received during the year of over five hundred dollars, and not exceeding fifteen hundred dollars, a tax of five per cent shall be paid; and all incomes over fifteen hundred dollars, and less than three thousand dollars, five per cent shall be paid on the first fifteen hundred dollars and ten per cent on the excess; on all incomes of or over three thousand dollars, and less than five thousand dollars, a tax of ten per cent shall be paid; on all incomes of or over five thousand dollars, and less than ten thousand dollars, a tax of twelve and a half per cent shall be paid; and on all incomes of or over ten thousand dollars, a tax of fifteen per cent shall be paid."
Strike out, in section 8, lines 115 and 116, the words "The tax hereby laid shall be payable on the first of January next."
Strike out, in section 8, from line 124 to 137, inclusive, the words "Provided, however, 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, 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," and insert the following: "Provided, 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."
Insert, in section 8, line 148, after the word "aforesaid," the words "the tax levied in this section shall be paid on the first day of January next, and of each year thereafter."
Insert the following independent section, after section 9, as section 10:
"Sec. 10. On all profits made by any person, partnership, or corporation during the year eighteen hundred and sixty-two, by the purchase, within the Confederate
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States, and sale during the said year, of any flour, corn, bacon, pork, oats, hay, rice, salt, iron, or the manufactures of iron, sugar, molasses made of cane, butter, woolen cloths, shoes, boots, blankets, and cotton cloths, a tax of ten per cent shall be levied and collected, to be paid on the first day of July next: Provided, That the tax imposed by this section shall not apply to purchases and sales made in the due course of the regular retail business, and shall not continue beyond the present year."
Insert, in section 10, line 3, after the word "use," the words "fifty bushels of sweet potatoes and fifty bushels of Irish potatoes."
Strike out, in section 10, line 4, before the word "bushels," the words "and thirty" and insert the words "and fifty."
Strike out, in section 10, line 8, the word "barley," and in same line, after the word "rice," insert "sweet and Irish potatoes."
Strike out, in section 10, line 35, the words "if the crops are gathered."
Insert, in section 10, line 36, after the word "amount," the words "of the crops."
Strike out, in section 10, line 51, the word "barley."
Insert, in section 10, line 71, after the word "transportation," the words "and shall allow to the producer of molasses the cost of the barrels containing the same."
Strike out, in section 11, line 3, the word "before" and insert "about."
Insert, in section 11, line 17, before the word "and," where it first occurs, and after the word "mules," the words "not used in cultivation."
Insert, in section 12, line 3, after the word "one," the words "herein denominated post quartermaster."
Strike out, in section 12, lines 5 and 6, the words "herein denominated post quartermaster."
Strike out, in section 12, line 60, the words "to such places" and insert in line 61, after the word "subsistence," the words "to such places."
Insert, in section 12, line 66, after the word "been," the words "or will be."
Insert, in section 12, line 76, after the word "kind," the words "or any of them."
Insert, in section 12, line 80, after the word "estimate," the words "and not required in kind."
Insert, in section 15, line 2, after the word "hospitals," the word "asylums."
Strike out, in section 15, lines 2 and 3, the words "which have been endowed."
In numbering the sections from number 10 to number 17, both inclusive, strike out 10 and insert 11; strike out 11 and insert 12; strike out 12 and insert 13; strike out 13 and insert 14; strike out 14 and insert 15; strike out 15 and insert 16; strike out 16 and insert 17; and strike out 17 and insert 18.
The Senate proceeded to consider the said report; and
Resolved, That they concur therein and that the bill be amended accordingly.
Ordered, That the Secretary inform the t louse of Representatives thereof.
On motion by Mr. Brown,
The Senate resolved into executive session.
EXECUTIVE SESSION.
The Senate resumed the consideration of the nominations of John D. Simms, Jacob Read, John R. F. Tattnall, Andrew J. Hays, George Holmes, Reuben T. Thom, A. C. Van Benthuysen, Julius E. Meiere, George P. Turner, and Thomas S. Wilson, to be captains in the Marine Corps.
On motion by Mr. Clay, that the nominations be laid on the table,
Mr. Brown demanded the question; which was seconded, and
The question being put,
On motion by Mr. Brown,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Burnett, Clay, Davis, Dortch, Haynes, Mitchel, Oldham, Orr, and Yancey.
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Those who voted in the affirmative [negative] are,
Messrs. Barnwell, Brown, Caperton, Henry, Hunter, Johnson of Georgia, Maxwell, Peyton, Phelan, Semmes, Simms, and Sparrow.
On the question,
Will the Senate advise and consent to these appointments?
Mr. Brown demanded the question; which was not seconded.
On motion by Mr. Semmes,
Ordered, That the further consideration of the nominations be postponed till to-morrow.
On motion by Mr. Davis,
The Senate resolved into open legislative session.
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