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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 --THURSDAY, March 16, 1865.
OPEN SESSION.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed bills of the following titles; in which they request the concurrence of the Senate:
And they have passed Senate bills of the following titles:
The bill last named with amendments; in which they request the concurrence of the Senate.
The bills received this day from the House of Representatives for concurrence were severally read the first and second times; and
Ordered, That the bills numbered 439 and 440 be referred to the Committee on Military Affairs and that the bill numbered 441 be referred to the Committee on the Judiciary.
On motion by Mr. Watson,
Ordered, That Mr. Oldham be appointed temporarily on the Committee on the Judiciary.
The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 227) to repeal the sixth section of an act to regulate the business of conscription, approved March 7, 1865; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Burnett,
Ordered, That the Committee on Claims be discharged from the further consideration of the petition of O. L. Kimbrough.
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A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed a resolution fixing a time for the adjournment of the present session of Congress; in which they request the concurrence of the Senate.
The Speaker of the House of Representatives having signed sundry enrolled bills and enrolled joint resolutions, I am directed to bring them to the Senate for the signature of their President.
On motion by Mr. Semmes,
The Senate resolved into secret legislative session.
The doors having been opened,
Mr. Henry, from the Committee on Military Affairs, to whom was referred the bill (S. 226) to provide for organizing, arming, and disciplining the militia of the Confederate States, and for governing such part of them as may be employed in the service of the Confederate States, and for calling them forth to execute the laws of the Confederate States, suppress insurrections, and repel invasions, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; and the reported amendments were agreed to.
On motion by Mr. Semmes, that the further consideration of the bill be postponed indefinitely,
On motion by Mr. Burnett,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Caperton, Graham, Oldham, Orr, Semmes, Vest, and Wigfall.
Those who voted in the negative are,
Messrs. Barnwell, Burnett, Henry, Hunter, Johnson of Missouri, Maxwell, Simms, and Watson.
On motion by Mr. Burnett, to amend the bill by striking out the tenth section,
It was determined in the affirmative.
The bill having been further amended on the motion of Mr. Johnson of Missouri, it was reported to the Senate and the amendments were concurred in.
Ordered, That the bill be engrossed and read a third time.
The said bill was read the third time.
On the question,
Shall the bill now pass?
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, Henry, Hunter, Johnson of Missouri, Maxwell, and Simms.
Those who voted in the negative are,
Messrs. Caperton, Graham, Oldham, Orr, Semmes, Vest, Watson, and Wigfall.
So it was
Resolved, That this bill do not pass.
Mr. Oldham, from the Committee on the Judiciary, to whom was
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referred the bill (H. R. 441) to suspend the privilege of the writ of habeas corpus, reported it with the recommendation that it ought not to pass.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; and no amendment being proposed, it was reported to the Senate.
Ordered, That it pass to a third reading.
The said bill was read the third time.
On the question,
Shall the bill now pass?
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. Burnett, Henry, Johnson of Missouri, Maxwell, Simms, and Vest.
Those who voted in the negative are,
Messrs. Barnwell, Brown, Graham, Hunter, Oldham, Orr, Semmes, Watson, and Wigfall.
So it was
Resolved, That this bill do not pass.
Ordered, That the Secretary inform the House of Representatives thereof.
A message from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Mr. President: The President of the Confederate States, on the 13th instant, approved and signed the following acts and joint resolutions:
And, on the 14th instant, the President approved and signed the following acts:
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Caperton, from the committee, reported that they had examined and found truly enrolled and joint resolutions of the following titles:
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The President pro tempore having signed the enrolled bills and enrolled joint resolutions 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.
Mr. Semmes (by leave) introduced
A bill (S. 228) to amend an act entitled "An act to regulate impressments," approved March 26, 1863, as amended by the act approved February 16, 1864;
which was read the first and second times and considered as in Committee of the Whole.
On motion by Mr. Orr, to amend the bill by inserting after "impressment," line 8, the words
when the parties from whom such property is impressed shall refuse to receive therefor certificates of indebtedness,
On motion by Mr. Semmes, to amend the proposed amendment by adding thereto the words
issued under the authority of the act entitled "An act to reduce the currency and to authorize a new issue of notes and bonds," approved February seventeenth, eighteen hundred and sixty-four,
It was determined in the affirmative.
The amendment as amended was then agreed to.
No further amendment being proposed, 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.
Mr. Wigfall, from the Committee on Military Affairs, to whom was referred the bill (H. R. 412) to authorize the President of the Confederate States to organize, in the city of Richmond and county of Henrico, a volunteer force for temporary service, reported it without amendment.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; and no amendment being proposed, 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.
The Senate proceeded to consider the resolution of the House of Representatives fixing a time for the adjournment of the present session of Congress; and
On the question,
Will the Senate agree to the resolution?
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On motion by Mr. Wigfall,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Graham, Maxwell, Orr, and Semmes.
Those who voted in the negative are,
Messrs. Brown, Burnett, Caperton, Henry, Hunter, Johnson of Missouri, Simms, Vest, Watson, and Wigfall.
So the resolution was rejected.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Brown, to reconsider the vote by which the Senate refused to pass the bill (H. R. 441) to suspend the privilege of the writ of habeas corpus,
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. Brown, Burnett, Henry, Hunter, Johnson of Missouri, Maxwell, Simms, and Vest.
Those who voted in the negative are,
Messrs. Barnwell, Caperton, Graham, Orr, Semmes, Watson, and Wigfall.
On motion by Mr. Brown, to reconsider the vote by which the bill was ordered to a third reading,
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. Brown, Burnett, Henry, Johnson of Missouri, Maxwell, Simms, and Vest.
Those who voted in the negative are,
Messrs. Barnwell, Caperton, Graham, Hunter, Oldham, Orr, Semmes, Watson, and Wigfall.
On the question,
Shall the bill now pass?
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. Burnett, Henry, Johnson of Missouri, Maxwell, Simms, and Vest.
Those who voted in the negative are,
Messrs. Barnwell, Brown, Caperton, Graham, Hunter, Oldham, Orr, Semmes, Watson, and Wigfall.
So it was
Resolved, That this bill do not pass.
Ordered, That the Secretary inform the House of Representatives thereof.
On motion by Mr. Orr, to reconsider the vote on rejecting the resolution
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of the House of Representatives fixing a time for the adjournment of the present session of Congress,
On motion by Mr. Wigfall,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Brown, Graham, Maxwell, Oldham, Orr, Semmes, and Watson.
Those who voted in the negative are,
Messrs. Burnett, Caperton, Henry, Hunter, Johnson of Missouri, Simms, Vest, and Wigfall.
On motion by Mr. Orr,
The Senate resolved into executive session.
The doors having been opened,
The following message was received from the House of Representatives, by Mr. Dalton:
Mr. President: The President of the Confederate States has notified the House of Representatives that on the 13th instant he approved and signed the following acts:
And that on the 14th instant he approved and signed the following acts and joint resolutions:
The Speaker of the House of Representatives having signed sundry enrolled bills, I am directed to bring them to the Senate for the signature of their President.
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Mr. Caperton, from the committee, reported that they had examined and found truly enrolled bills and a joint resolution of the following titles:
The President pro tempore having signed the enrolled bills and enrolled joint resolution 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.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have passed the bill of the Senate (S. 204) to authorize the Secretary of the Treasury to receive specie from the several States of the Confederacy and use the same for the benefit of said States, with amendments; in which they request the concurrence of the Senate.
The Speaker of the House of Representatives having signed sundry enrolled bills, I am directed to bring them to the Senate for the signature of their President.
Mr. Orr submitted the following resolution for consideration:
Resolved (the House of Representatives concurring), That the President of the Senate and the Speaker of the House of Representatives adjourn their respective Houses, sine die, on Saturday, the eighteenth day of March, instant, at twelve o'clock meridian.
The Senate proceeded to consider the said resolution; and
On the question,
Will the Senate agree to the resolution?
On motion by Mr. Wigfall,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
Messrs. Barnwell, Brown, Henry, Maxwell, Oldham, Orr, Semmes, and Watson.
Those who voted in the negative, are,
Messrs. Burnett, Caperton, Hunter, Johnson of Missouri, Simms, Vest, and Wigfall.
So the resolution was agreed to.
Ordered, That the Secretary request the concurrence of the House of Representatives therein.
The Senate proceeded to consider the amendments of the House of Representatives to the bill (S. 204) to authorize the Secretary of the Treasury to receive specie from the several States of the Confederacy and use the same for the benefit of said States; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the l louse of Representatives thereof.
On motion by Mr. Orr,
Ordered, That the Senate take a recess until 8 o'clock p. m.
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8 O'CLOCK P. M.
A message from the House of Representatives, by Mr. Lamar, their Clerk:
Mr. President: The House of Representatives have passed the resolution of the Senate fixing Saturday, the 18th day of March, instant, at, 12 o'clock m., as the time for the adjournment of the present session of Congress.
On motion by Mr. Maxwell,
The Senate adjourned.
SECRET SESSION.
Mr. Semmes, from the Committee on Finance, to whom was referred the bill (H. R. 438) to raise coin for the purpose of furnishing necessary supplies for the Army, reported it with amendments.
The Senate proceeded, as in Committee of the Whole, to the consideration of the said bill; 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.
A message from the House of Representatives, by Mr. Dalton:
Mr. President: The House of Representatives have agreed to the amendments of the Senate to the bill (H. R. 438) to raise coin for the purpose of furnishing necessary supplies for the Army, with an amendment; in which they request the concurrence of the Senate.
The President of the Confederate States has notified the House of Representatives that on the 14th instant he approved and signed an act (H. R. 426) to provide for the safety of the archives of the Government, and for the assembling of Congress at any place other than the seat of government.
The Senate proceeded to consider the amendment of the House of Representatives to the amendments of the Senate to the bill (H. R. 438) to raise coin for the purpose of furnishing necessary supplies for the Army; and
Resolved, That they concur therein.
Ordered, That the Secretary inform the House of Representatives thereof.
Mr. Orr, from the select committee to whom was referred that portion of the message of the President of the Confederate States of the 13th instant relating to the action of Congress during the present session, submitted the following report:
The select committee to whom was referred so much of the President's message of the 13th instant as relates to the action of Congress during the present session, having duly considered the same, respectfully submit the following report:
The attention of Congress is called by the President to the fact, that for carrying on the war successfully, there is urgent need of men and supplies for the Army.
The measures passed by Congress during the present session, for recruiting the Army, are considered by the President inefficient; and it is said that the results of the law authorizing the employment of slaves as soldiers will be less than anticipated, in consequence of the dilatory action of Congress in adopting the measure. That a law so radical in its character, so repugnant to the prejudices of our people, and so intimately affecting the organism of society, should encounter opposition and receive a tardy sanction, ought not to excite surprise, but if the policy and necessity of the measure had been seriously urged on Congress by an Executive message, legislative
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action might have been quickened. The President, in no official communication to Congress, has recommended the passage of a law putting slaves into the Army as soldiers, and the message under consideration is the first official information that such a law would meet his approval. The Executive message transmitted to Congress on the 7th of November last suggests the propriety of enlarging the sphere of employment of the negro as a laborer, and for this purpose recommends that the absolute title to slaves be acquired by impressment, and as an incentive to the faithful discharge of duty, that the slaves thus acquired be liberated,with the permission of the States from which they were drawn. In this connection the following language is used: "If this policy should recommend itself to the judgment of Congress, it is suggested that, in addition to the duties heretofore performed by the slave, he might be advantageously employed as pioneer and engineer laborer; and in that event that the number should be augmented to 40,000. Beyond this limit and these employments it does not seem to me desirable, under existing circumstances, to go." In the same message the President further remarks: "The subject is to be viewed by us, therefore, solely in the light of policy and our social economy. When so regarded I must dissent from those who advise a general levy and arming of the slaves for the duty of soldiers." It is manifest that the President in November last did not consider that the contingency had then arisen which would justify a resort to the extraordinary policy of arming our slaves. Indeed, no other inference can be deduced from the language used by him, for he says: "These considerations, however, are rather applicable to the improbable contingency of our need of resorting to this element of resistance than to our present condition." The Secretary of War, in his report, under date of November 3, seemed to concur in the opinion of the President, when he said: "While it is encouraging to know this resource for further and future efforts is at our command, my own judgment does not yet either perceive the necessity or approve the policy of employing slaves in the higher duties of soldiers."
At what period of the session the President or Secretary of War considered the improbable contingency had arisen, which required a resort to slaves as an element of resistance, does not appear by any official document within the knowledge of your committee. Congress might well have delayed action on this subject until the present moment, as the President, whose constitutional duty it is "to give to the Congress information of the state of the Confederacy," has never asked, in any authentic manner, for the passage of a law authorizing the employment of slaves as soldiers. The Senate, however, did not await the tardy movements of the President. On the 29th December, 1864, the following resolution was adopted by the Senate, in secret session:
"Resolved, That the President be requested to inform the Senate, in secret session, as to the state of the finances in connection with the payment of the troops; the means of supplying the munitions of war, transportation, and subsistence; the condition of the Army, and the possibility of recruiting the same; the condition of our foreign relations, and whether any aid or encouragement from abroad is expected, or has been sought, or is proposed; so that the Senate may have a clear and exact view of the state of the country and of its future prospects, and what measures of legislation are required."
In response to this resolution the President might well have communicated to the Senate his views as to the necessity and policy of arming the slaves of the Confederacy as a means of public defense. No answer whatever has been made to the resolution. In addition to this, a joint committee was raised by Congress, under a concurrent resolution adopted in secret session on the 30th December, 1864. That committee, by the resolution creating it, was instructed "by conference with the President, and by such other means as they shall deem proper, to ascertain what are our reliable means of public defense, present and prospective."
A written report was made by the committee on January 25, 1865; and although it had a conference with the President, no allusion is made in the report to any suggestion by him that the necessities of the country required the employment of slaves as soldiers. Under these circumstances, Congress, influenced no doubt by the opinion of General Lee, determined for itself the propriety, policy, and necessity of adopting the measure in question.
The recommendations of the President--to employ 40,000 slaves as cooks, teamsters, and as engineer and pioneer laborers--was assented to, and a law has been enacted at the present session for the purpose, without limit as to number.
All the measures recommended by the President to promote the efficiency of the Army have been adopted, except the entire repeal of class exemptions, and some measures not suggested by him--such as the creation of the office of general in chief--were originated and passed by Congress, with a view to the restoration of public confidence, and the energetic administration of military affairs.
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On the subject of exemptions the President, in his message of November 7, uses the following language: "No pursuit nor position should relieve anyone who is able to do active duty from enrollment in the Army, unless his functions or services are more useful to the defense of his country in another sphere. But it is manifest that this can not be the case with entire classes. All telegraph operators, workmen in mines, professors, teachers, engineers, editors, and employees of newspapers, journeymen printers, shoemakers, tanners, blacksmiths, millers, physicians, and numerous other classes mentioned in the laws can not, in the nature of things, be either equally necessary in their several professions nor distributed throughout the country in such proportions that only the exact numbers required are found in each locality," etc. The casual reader would infer that the laws, as they stood at the date of the message, exempted the classes enumerated by the President, as well as many other classes not mentioned by him. Such is not the fact. The only class exemptions allowed by the laws then in force were the following: Ministers of religion; superintendents and physicians of asylums for the deaf, dumb, and blind, and of the insane; one editor for each newspaper, and such employees as the editor may certify on oath as indispensably necessary; the public printers of the Confederate and State governments and their journeymen printers; one skilled apothecary in each apothecary store who was doing business as such on the 10th of October, 1862; physicians over 30 years of age, and for the last seven years in practice; presidents and teachers of colleges, seminaries, and schools, and the superintendents, physicians, and nurses in public hospitals; certain mail contractors and drivers of post coaches; certain officers and employees of railroad companies, and certain agriculturists or overseers.
Officers of the State governments are not properly included among the exempted classes, because it is conceded that Congress has no constitutional power to conscribe them as soldiers. Nor are Dunkards, Quakers, or other noncombatants regarded as belonging to class exemptions, because, under the act of June 7, 1864, the exemption of these persons is subject to the control of the Secretary of War. The exemption of agriculturists or overseers between the ages of 18 and 45 has been repealed at the present session. Tanners, shoemakers, millers, blacksmiths, telegraph operators, and workmen in mines, enumerated by the President as among the classes exempted, are not now and have not been since the passage of the act of 17th February, 1864, exempted as a class. If railroad officers and employees, and State officers, who are not constitutionally subject to conscription, be excluded, the classes now exempted east of the Mississippi River embrace about 9,000 men, one-third of whom are physicians, and nearly another third are ministers of the gospel; the remaining third is principally composed of teachers, professors, printers and employees in newspaper offices, and apothecaries.
In remarkable contrast to the number of persons relieved from military service by the exemptions above mentioned, the report of the Conscript Bureau exhibits the fact that east of the Mississippi River 22,035 men have been detailed by Executive authority. In consequence of this abuse of the power of detail, Congress, at its present session, passed an act revoking all details and limiting the exercise of that power in the future. The third section of this act, exempting skilled artisans and mechanics from all military service, which is excepted to by the President, and which has since been repealed, was originally adopted in consequence of suggestions contained in the report of the Secretary of War. In alluding to the embarrassments encountered by the administrative bureaus, the Secretary says: "In addition, they have been constrained, by the stringent legislation of Congress, to relinquish their most active and experienced agents and employees, and substitute them from more infirm and aged classes." Again: "Interferences of this kind are inevitably so prejudicial and disturbing, that it is hoped a well-devised and permanent system of providing and retaining in continuous employment a sufficient number of artisans, experts, and laborers for all essential operations may be devised and established." The truth is, that the bill originally introduced into the Senate, exempting skilled artisans and mechanics, was actually prepared in one of the bureaus of the War Department. Congress, therefore, had reason to suppose that it would meet the sanction of the Executive.
To conscribe the ministers of religion and require them to obtain details to preach the gospel, would shock the religious sentiment of the country, and inflict a greater injury on our cause than can be described. The conscription of editors and of the printers necessary to the publication of newspapers would destroy the independence of the press and subject it to the control of the executive department of the Government. The railroad officers and employees are as necessary to the prosecution of the war as soldiers in the field. Physicians and apothecaries are essential to the health of the people, and no complaint has reached Congress of abuses in this class of exemptions. If the education of youth be regarded as conducive to the maintenance
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of society and the preservation of liberty, it is not perceived that the exemption of professors of colleges and teachers of schools can be justly censured. The Senate passed a bill containing a section repealing the exemption allowed to mail contractors and drivers of post coaches; but at a subsequent stage of proceedings, and on the recommendation of a committee of conference, based on the urgent remonstrances of the Postmaster-General, the section alluded to was stricken out.
The subject of class exemptions was called to the attention of Congress by the Executive message of November last. It was carefully considered, and an act was passed expressive of the views of the legislative department of the Government. The message under consideration recurs to the same subject. It is to be regretted that the views of the legislative department of the Government have not met the favor of the Executive, and that be should deem it both necessary and proper to express dissatisfaction with the matured opinion of Congress.
It is true that Congress has failed to respond to the recommendation of the President to enact a general militia law. The subject was considered, and the failure to act was the result of deliberation. The conscription laws enacted by Congress have placed in the military service of the country all its able-bodied citizens between the ages of 17 and 50. The whole military material of the country, so far as legislation is concerned, is absorbed by the conscription acts. There is none left on which a militia law can operate except the exempted classes and the boys under 17 and the men over 50 years of age. It was deemed expedient to allow this material to remain subject to the control of the State authorities for the purposes of local police, to aid in the arrest of deserters, and to enforce the administration of State laws.
It is also true that the President has recommended the passage of a law suspending the privilege of the writ of habeas corpus. This recommendation was the subject of a special message in secret session. It occupied the attention of Congress for four or five weeks. After mature deliberation the measure was laid aside as unimportant and inexpedient. Spies can be arrested and tried summarily without suspending the writ of habeas corpus. Conspiracies tending in any manner to the injury of our cause were provided for by a special act passed at the present session--to define and punish conspiracy against the Confederate States. The States of North Carolina, Georgia, and Mississippi had expressed, through their legislatures, great repugnance to the past legislation of Congress suspending the writ, and a large portion of the people throughout the country was arrayed against the policy of that legislation. It was deemed wise and prudent to conciliate opposition at a time when dissensions are ruinous; and as the benefits to be derived from the suspension of the writ were conjectural, the deliberate judgment of Congress was expressed by its silence on the subject. It is to be regretted that the Executive does not concur in these views, and again calls on Congress to revise its action and to suspend the writ of habeas corpus, as a measure "almost indispensable to the successful conduct of the war." If the facts stated in the confidential message alluded to by the President be the basis of the opinion that the suspension of the writ "is indispensable to the successful conduct of the war," the Congress does not concur in that opinion. The writ has not been suspended since August last. It is not perceived that the military reverses of the country since that period were occasioned by the absence of the legislation asked for.
In regard to impressments, Congress at the present session has passed a bill declaring that the terms "just compensation," as used in the Constitution, entitle the owner whose property is impressed to the market value thereof at the time and place of impressment. This legislation was considered necessary in consequence of judicial decisions in some of the States and because of the difficulty of procuring supplies on any other terms. Indeed, it was supposed that the Executive had reached the same conclusion, as the Commissary-General, on the 20th December, 1864, had advertised that he would pay for supplies the price fixed by local appraisement, which is in fact the market price. The President, in his annual message of November last, did not call the attention of Congress to any difficulties attendant on the execution of the impressment laws. The present message, for the first time during this session, suggests modifications of those laws, and the recommendations of the President will doubtless receive the respectful consideration of Congress. It may well be doubted, however, whether the present specie value, payable in the future, will induce the owner of property to part with it, and whether the passage of such a measure would not result in a general concealment of provisions, and consequent starvation of the Army.
It is apprehended by the President that some degree of embarrassment in the management of the finances will be felt in consequence of the inadequate provision made by Congress, and it is intimated that some of the measures recommended by him were so retarded as to lose much of their value, and others after being matured were for the same reason abandoned, because no hinter applicable to our altered condition.
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The only financial measure abandoned after being matured was the currency bill recommended by the Secretary of the Treasury and indorsed by the President in his annual message. It may be remarked that the failure to enact any fiscal measure which has not sufficient vitality to render it valuable and applicable for the short period of four months does not deserve much regret. The currency bill was recommended to Congress and based on the condition the finances presented by the President in his message and by the Secretary of the Treasury in his report. It was abandoned without regret because, at a subsequent period of the session, it was ascertained that the arrears of public debt constituting cash demands on the Treasury exceeded by nearly four hundred millions the amount originally reported to Congress by the Secretary of the Treasury. The currency bill contemplated the reduction of the Currency to one hundred and fifty millions by a conversion of Treasury notes into tithe certificates, payable after the war, and by an annual application of a portion of the taxes in the nature of a sinking fund. The Treasury notes received for tithe certificates were to be canceled. The military reverses, which impaired the credit of the Government to such an extent as to destroy the salability of any of its bonds left little hope that Treasury notes would be exchanged for tithe certificates. As soon as the enormous increase in the arrears of debt was discovered, as above mentioned, all idea of reducing the currency was abandoned as impracticable. For these reasons the committee of conference having charge of the currency bill agreed to abandon it as a useless pledge of future resources without corresponding present advantage, indeed, if the bill had been passed the first day of the session it would have expired from inanition on the 9th of January, 1865, the day on which the Secretary of the Treasury reported to Congress the deficit of four hundred millions and recommended an increase of taxation to meet it.
The tax bill is regarded by the President as liberal, though inadequate. No nation on earth ever conducted a protracted war by resources derived from taxation alone. The message intimates a regret that the recommendation by the Secretary of the Treasury, of a tax on agricultural income, equal to the augmented tax on other income, payable in Treasury notes, was rejected by Congress. This is evidently a mistake, as it assumes there has been an increase of taxes on other than agricultural incomes. The present income taxes are those laid by the act of April, 1863, as amended and reenacted on the 17th of February, 1864. To require the agriculturist to pay a tax on the income derived from his farm, in addition to the one-tenth of his gross productions, and the property tax of 9 per cent ad valorem would be manifestly unjust and oppressive. After the delivery of his tithe, to tax the income of the agriculturist derived from the property producing the tithe would leave little for family subsistence, for the purchase of supplies necessary for carrying on his agricultural operations, and for the payment of the ad valorem tax on his property. Congress, therefore, did not concur in the recommendation of the Secretary of the Treasury, believing it to be highly inexpedient.
The recommendations of the Secretary of the Treasury have, in the main, received the approbation of Congress, and every disposition has been manifested to cooperate with him. The tax bill adopted very nearly approximates the rate desired by him. He recommended 10 per cent on property. Congress has imposed a tax of 9 per cent. A new foreign loan was authorized in secret session at his request without any limitation on his authority, except as to the amount. A transfer of certain sterling funds abroad was, by joint resolution, directed to be made from the Navy to the Treasury. Efforts were made to raise specie. A bill was passed in the Senate, in secret session, to accomplish that object by the sale of certain licenses. It is understood the bill was defeated in the House of Representatives by the acquiescence, if not at the instigation, of the Secretary of the Treasury. It appears, from the correspondence submitted to Congress, that the Secretary of War, as early as the 18th of February, notified the President of the embarrassed condition of his Department, and it is to be regretted that the Executive deliberated on, and postponed for so king a period as nearly twenty days, the communication of that information to Congress.
If loss of time be a vice inherent in deliberative assemblies, promptitude is a great virtue in Executive action. There is every disposition on the part of Congress to comply with the recommendations of the President, and some means of raising the coin desired will no doubt be devised. It is unfortunate that the necessity for coin in the Commissary Department was not made known until the message under consideration was received. The use of coin in one department of the Government is calculated to superinduce the necessity for its use in all other departments; and hence the policy of the proposed measure, in a financial view, is very questionable. The necessity for supplies, however, overrides all other considerations. If practicable, it would be wiser to employ the specie in the purchase of Treasury notes and then use the notes to obtain supplies.
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Nothing is more desirable than concord and cordial cooperation between all departments of Government. Hence your committee regret that the Executive deemed it necessary to transmit to Congress a message so well calculated to excite discord and dissension. But for the fact that the success of the great struggle in which the country is engaged depends as much on the confidence of the people in the legislative as in the executive department of the Government, the message would have been received without comment. Your committee would have preferred silence. It has been induced to an opposite course, because they believe Congress would be derelict in its duty to permit its legitimate and constitutional influence to be destroyed by Executive admonitions, such as those contained in the message under consideration, without some public exposition of its conduct.
The Senate proceeded to consider the said report; and
Resolved, That they concur therein.
On motion by Mr. Maxwell,
Ordered, That the injunction of secrecy be removed from the report and that it be printed.
On motion by Mr. Barnwell,
The Senate resolved into open legislative session.
EXECUTIVE SESSION.
The following message was received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department, Confederate States of America,
Richmond, March 15, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the grades affixed to their names, respectively.
JEFFERSON DAVIS.
No. 245.]War Department, Confederate States of America,
Richmond, March 4, 1865.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
The message was read.
The Senate proceeded to consider the nominations (contained in the I residents message of this date) of Joseph V. Thomas and D. A. Given, jr., to be aids-de-camp, with the rank of first lieutenants; and
Resolved, That the Senate do advise and consent to their appointment, agreeably to the nomination of the President.
The following messages were received from the President of the Confederate States, by Mr. B. N. Harrison, his Secretary:
Executive Department, Confederate States of America,
Richmond, March 15, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Capt. J. H. Franklin, of --, to be promoted to commissary, with the rank of major in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
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No. 271.]War Department, Confederate States of America,
Richmond, March 13, 1865.
Sir: I have the honor to recommend the nomination of Capt. J. H. Franklin, of --, to be promoted to commissary, with the rank of major in the Provisional Army of the Confederate States of America, for duty with artillery, First Corps, Army of Northern Virginia (an original vacancy), to rank from March 2, 1865.
I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
Executive Department, Confederate States of America,
Richmond, March 15, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the grades affixed to their names, respectively.
JEFFERSON DAVIS.
No. 270.]War Department, Confederate States of America,
Richmond, March 13, 1865.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
Executive Department, Confederate States of America,
Richmond, March 15, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate Capt. R. W. N. Noland, of Virginia, to be promoted to commissary, with the rank of major in the Provisional Army of the Confederate States of America.
JEFFERSON DAVIS.
No. 272.]War Department, Confederate States of America,
Richmond, March 14, 1865.
Sir: I have the honor to recommend the nomination of Capt. R. W. N. Noland, of Virginia, to be promoted to commissary, with the rank of major in the Provisional Army of the Confederate States of America, report to Commissary-General for assignment to duty, to rank from March 4, 1865.
I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
Executive Department, Confederate States of America,
Richmond, March 15, 1865.
To the Senate of the Confederate States:
Agreeably to the recommendation of the Secretary of War, I nominate the officers on the accompanying list to the grades affixed to their names, respectively.
JEFFERSON DAVIS.
No. 273.]War Department, Confederate States of America,
Richmond, March 15, 1865.
Sir: I have the honor to recommend the following nominations for appointment in the Provisional Army of the Confederate States of America:
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I am, sir, respectfully, your obedient servant,
JOHN C. BRECKINRIDGE,
Secretary of War.
To His Excellency Jefferson Davis,
President, etc.
The messages were severally read.
Ordered, That they be referred to the Committee on Military Affairs.
Mr. Wigfall, from the Committee on Military Affairs, to whom was referred (on the 14th December last) the nomination of Maj. Gen. J. B. Hood, to be general, with temporary rank (under act approved May 31, 1864), submitted a report (No. 2); which was read; accompanied by the following resolution; which was considered and agreed to:
Resolved, That General J. B. Hood having been appointed general, with temporary rank and command, and having been relieved from duty as commander of the Army of Tennessee, and not having been reappointed to any other command appropriate to the rank of general, he has lost the rank of general, and therefore can not be confirmed as such.
On motion by Mr. Burnett,
Ordered, That a copy of the foregoing resolution be presented to the President of the Confederate States.
Mr. Wigfall, from the Committee on Military Affairs, to whom was referred (on the 28th ultimo) the nomination of O. M. Messick, to be colonel Eleventh Texas Cavalry Regiment, reported, with the recommendation that said nomination be rejected.
The Senate proceeded to consider said report; and
Resolved, That the Senate do not advise and consent to the nomination of O. M. Messick, to be colonel.
Mr. Wigfall, from the Committee on Military Affairs, to whom was referred (on the 1st instant) the nomination of Thomas M. Hanckel, to be aid-de-camp, with the rank of first lieutenant, reported, with the recommendation that said nomination lie upon the table.
The Senate proceeded to consider said report; and
Resolved, That the nomination of Thomas M. Hanckel, to be aid-decamp, with the rank of first lieutenant, lie upon the table.
Mr. Wigfall, from the Committee on Military Affairs, to whom was referred (on the 1st instant) the nomination of W. F. Perry, to be brigadier-general, reported, with the recommendation that said nomination be confirmed.
The Senate proceeded to consider said report; and in concurrence therewith, it was
Resolved, That the Senate do advise and consent to the appointment, agreeably to the nomination of the President.
Mr. Wigfall, from the Committee on Military Affairs, to whom was referred (on the 11th instant) the nomination of Maj. Gen. Stephen D. Lee, to be lieutenant-general, with temporary rank, reported, with the recommendation that said nomination be not confirmed.
The Senate proceeded to consider said report; and
After debate,
On the question,
Will the Senate advise and consent to the appointment of S. D. Lee, to be lieutenant-general?
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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. Barnwell, Burnett, Graham, Hunter, Johnson of Missouri, Maxwell, Orr, Semmes, Simms, Vest, and Watson.
Those who voted in the negative are,
Messrs. Brown, Caperton, Henry, Oldham, and Wigfall.
So it was
Resolved, That the Senate do advise and consent to the appointment of S. D. Lee, to be lieutenant-general, agreeably to the nomination of the President.
On motion by Mr. Caperton,
The Senate resolved into open legislative session.
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