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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 --FIFTY-FOURTH DAY--TUESDAY, February 9, 1864.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Minnigerode.
The Chair laid before the House a Senate bill (S. 218) to amend the act entitled "An act to provide and organize engineer troops to serve during the war;" which was read a first and second time and referred to the Committee on Military Affairs.
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Also, a Senate bill (S. 210) to aid any State in communicating with and perfecting records concerning its troops; which was read a first and second time and referred to the Committee on Military Affairs.
Mr. Preston moved to reconsider the vote by which the bill of the Senate (S. 204) to provide and organize a general staff for armies in the field, to serve during the war, was indefinitely postponed.
The House resumed the consideration of the unfinished business of Saturday; which was the joint resolution for the relief of Mary C. Morgan, John McKown, and Samuel McKown; which, on motion of Mr. Clapp, was laid upon the table.
Mr. Clapp, from the Committee on Claims, reported back
A bill to authorize payments for property destroyed and injured by reason of military necessities,
with the recommendation that the committee be discharged from its further consideration, and that it do lie upon the table; which was agreed to.
Mr. Clapp, from the same committee, also reported back the memorials of A. K. Shepard, of Perry County, Ala.; Henry Miller, of Greenbrier County, Va.; A. Mahood, of Mercer County, Va.; James M. Avent, Lewis A. Phelps, and Jeff, Broadwater, William Waller, Murray & Co., John R. Cardwell, Captain Brown, the administrator of W. S. Smith, James A. Wright, W. E. Persons, and R. R. Pickering, all asserting claims against the Government, with the recommendation that the committee be discharged from their further consideration, and that they do lie upon the table; which was agreed to.
Mr. Clapp, from the same committee, reported
A bill to provide for the auditing and payment of certain claims against the Confederate States;
which was read a first and second time, postponed, placed upon the Calendar, and ordered to be printed.
Mr. Clapp, from the same committee, also submitted a written report; which was laid upon the table and ordered to be printed.
The House then, on motion of Mr. Lyon, resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:
Mr. Speaker: The Senate have passed, without amendment, a bill of this House of the following title, viz:
The Senate have agreed to the amendment of this House to the joint resolution of the Senate (S. 22) entitled "A joint resolution for the benefits of Zedekiah McDaniel, of Kentucky, and Francis M. Ewing, of Mississippi."
The President of the Confederate States has notified the Senate that he did, on the 3d instant, approve and sign the following joint resolution and bill, viz:
A message was received from the President, by Mr. Harrison, his Private Secretary, as follows, viz:
To the honorable Speaker of the House of Representatives.
Mr. Speaker: On the 6th instant the President approved and signed the following joint resolutions and acts:
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On the 8th instant the President approved and signed
On the same day the President also signed
The President has to-day approved and signed
Very respectfully, your obedient servant,
BURTON N. HARRISON,
Private Secretary.
Richmond, Va., February 9, 1864.
On motion of Mr. Hilton,
The House took a recess until half past 7 o'clock;
And having reassembled,
Mr. Jones, from the Committee on Ways and Means, to whom had been referred the bill of the House (H. R. 90) to make additional appropriations for the support of the Government of the Confederate States of America for the fiscal year ending June 30, 1864; which had been returned from the Senate with sundry amendments, reported back the same, with the recommendation that the House concur in the amendments of the Senate with an amendment.
The first amendment of the Senate was read and concurred in as follows, viz:
In line 73, page 3, after the word "department," strike out all down to and including "dollars," in line 76, and insert as follows:
"For pay of officers and privates of the Army, volunteers, militia, etc., seventy-three million eight hundred and three thousand five hundred and fifty-one dollars.
"For the service of the Quartermaster's Department, one hundred and sixty-two million eighty-one thousand five hundred and forty-four dollars."
The second amendment of the Senate was read as follows, viz:
Strike out the words in the seventy-seventh, seventy-eighth, and seventy-ninth lines and insert as follows:
"For pay of officers, their fuel and quarters, laborers, employees, and agents, hire of teamsters, rent of offices, material, labor and building storehouses, and incidental expenses required to collect and preserve the tax in kind, from July first, eighteen hundred and sixty-three, to June thirtieth, eighteen hundred and sixty-four, five million three hundred and thirteen thousand two hundred and four dollars.
"For railroad transportation of the articles collected under the tax in kind, one million five hundred thousand dollars.
"For grain bags to be used for transportation of the grain collected under the tax in kind, three million two hundred and forty thousand dollars."
The committee moved to amend by inserting at the end of the second amendment of the Senate the following, viz:
For purchase of wagons, teams, and equipments, two million one hundred and sixty thousand dollars.
The amendment of the committee was agreed to.
The amendment of the Senate, as amended, was agreed to.
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The third amendment of the Senate was read and concurred in as follows, viz:
Strike out "for the pay of the officers," etc., in line 100, page 3, down to and including the word "dollars," in line 105, page 4.
The fourth amendment of the Senate was read as follows, viz:
After line 294, page 9, insert the following:
"For loss of slaves which have been impressed by the Confederate authorities and while engaged in laboring on the public defenses have escaped to the enemy, or died, or contracted diseases which have, after their discharge, resulted fatally, three million one hundred and eight thousand dollars."
Mr. Russell moved to amend the last amendment of the Senate by inserting after the word "authorities" the words "or under State laws for the use of the Confederate Government."
The amendment was agreed to, and the amendment of the Senate, as amended, was also agreed to.
Mr. Hilton moved to suspend the rules, to enable him to offer a resolution.
Pending which,
The House, on motion of Mr. Atkins, resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
Mr. Davidson moved to reconsider the vote by which the bill to authorize the President to appoint quartermasters and commissaries to armies, corps, and divisions, and to fix their rank, was lost.
The House,
On motion of Mr. Hilton,
Adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session,
Mr. Miles, from the Committee on Military Affairs, to whom had been referred a Senate bill (S. 194) to organize bodies for the capture and destruction of the enemy's property, by land or sea, and to authorize compensation for the same, [reported back the same,] with the recommendation that it do pass.
Mr. Baldwin moved to lay the bill on the table to enable him to make a report from the Special Committee on the Currency.
On which motion Mr. Miles demanded the yeas and nays;
Which were ordered,
Yeas: Baldwin, Conrad, Curry, Davidson, Dupré, Foster, Funsten, Hartridge, Jones, Lander, Lyon, McLean, and Miller.
Nays: Ashe, Atkins, Barksdale, Bell, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambers, Chilton, Chrisman, Clapp, Clark, Clopton, Collier, Conrow, Crockett, Elliott, Ewing, Farrow, Gaither, Gartrell, Goode, Hanly, Hilton, Holder, Ingram, Lewis, Lyons, Machen, Martin, McQueen, McRae, Menees, Miles, Munnerlyn, Perkins, Preston, Pugh, Ralls, Russell, Simpson, Singleton, Smith of North Carolina, Staples, Strickland, Swan, Vest, Villeré, Welsh, and Wright of Texas.
So the motion did not prevail.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
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Mr. Conrad moved to amend the bill by adding to the end of the last section the words "payable in four per cent bonds."
Mr. Miles moved the previous question; which was ordered.
The question being on the amendment of Mr. Conrad,
It was decided in the affirmative.
The question recurring on ordering the bill to a third reading,
It was decided in the affirmative.
The bill having been read a third time, and the question being put,
Shall the bill pass?
It was decided in the affirmative.
The title of the bill was read and agreed to.
The House then resumed the consideration of the special order; which was the bill to amend an act entitled "An act to lay taxes for the common defense and carry on the Government of the Confederate States," approved April 24, 1863.
Having resolved itself into Committee of the Whole for the purpose of considering said bill, Mr. McRae in the chair; and having spent some time therein, the committee rose and reported, through their Chairman, that they had had the matter referred to them under consideration, and recommended that the bill do pass with sundry amendments.
Mr. Jones moved the previous question.
On ordering the main question,
Mr. Lyons demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Atkins, Baldwin, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Clopton, Dargan, Davidson, Dupré, Elliott, Ewing, Farrow, Funsten, Gaither, Gartrell, Goode, Hartridge, Hilton, Holder, Ingram, Jones, Lander, Lewis, Lyon, Machen, McRae, Miller, Munnerlyn, Perkins, Preston, Pugh, Ralls, Singleton, Staples, Strickland, Swan, Vest, Villeré, and Welsh.
Nays: Ashe, Bell, Chilton, Clark, Collier, Conrad, Foster, Graham, Gray, Johnston, Lyons, Martin, McQueen, Russell, Sexton, Simpson, and Smith of North Carolina.
Two-thirds having voted in the affirmative, the main question was ordered.
The amendments of the Committee of the Whole were read and agreed to as follows, viz:
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quartermasters may direct such delivery to be made at any time within eight months after the date of said estimates, under the sanction of the penalty aforesaid, and that producers shall be paid the expenses of the transportation of their tithes from the place of production to the place of delivery, at the usual rates of compensation paid by the Government in the State in which the delivery is made. Such delivery when required to be made of grain in bushels shall be made in bushels according to the Government standard of weight per bushel."
The bill was then engrossed and read a third time.
The question recurring on the passage of the bill,
Mr. Jones called the question; which was ordered, and the bill was passed.
The title of the bill having been read and agreed to,
Mr. Jones moved to reconsider the vote by which the bill was passed, and called the question; which was ordered, and the motion to reconsider was lost.
Mr. Baldwin moved that the consideration of the next special order be postponed to enable him to make a report from the Special Committee on the Currency.
The motion prevailed, and
Mr. Baldwin, from the Special Committee on the Currency, to whom had been referred the bill to tax, fund, and limit the currency, which had been returned from the Senate with amendments, reported back the same, with the recommendation that the House refuse to concur in the amendments of the Senate.
The amendments of the Senate having been read as follows, viz:
"That no Treasury note outstanding at the time of the passage of this act shall be receivable in payment of public dues or fundable after the first day of May, in the year eighteen hundred and sixty-four, east of the Mississippi River, or after the first day of August, eighteen hundred and sixty-four, west of the Mississippi River; but until the privilege of funding is taken away, as above prescribed, all Treasury notes outstanding as aforesaid shall be fundable in registered bonds payable twenty years after their date and bearing interest at the rate of four per cent per annum, payable semiannually, and the said four per cent bonds shall never be taxed by the Confederate States, in principal or interest, and all holders of bonds or stock of the Confederate States, bearing interest at the rate of six per cent per annum, or more, shall be allowed to exchange the same at par for the said four per cent bonds.
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such form as he may deem proper, payable two years after the ratification of a treaty of peace with the United States, bearing interest at the rate of six per cent per annum, payable semiannually, and transferable only by special indorsement, under regulations to be prescribed by the Secretary of the Treasury, and said certificate shall be exempt from taxation in principal and interest.
Mr. Foster moved to amend the amendments of the Senate by striking out the whole and inserting in lieu thereof the following, viz:
The Congress of the Confederate States of America do enact, That all Treasury notes issued previous to the first day of March, eighteen hundred and sixty-four, or that may hereafter be issued previous to the first day of March, eighteen hundred and sixty-four, may be convertible, at the pleasure of the holder, into Confederate bonds bearing interest at the rate of two per cent per annum, the interest payable semiannually in gold and silver, this privilege to extend to the holders of Treasury notes until six months after the approval of this act; but after that period Treasury notes may not be convertible into bonds bearing a greater interest than one per cent per annum, the interest payable in gold and silver semiannually.
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the month of its issue, the issue to commence on the first day of March, eighteen hundred and sixty-four. The authority hereby given to the Secretary of the Treasury to issue Treasury notes shall cease on the meeting of the first Congress after the ratification of a treaty of peace between the Confederate States and the United States.
The amendment was lost.
Mr. Lyons moved to amend the amendments of the Senate by inserting, in the first section, after the word "dues," the words "or of any private contract or demand."
Mr. Jones moved the previous question.
Two-thirds not voting in the affirmative, the main question was not ordered.
The question recurring on the amendment of Mr. Lyons,
It was decided in the negative.
Mr. Lyons moved to amend the amendments of the Senate by striking out the word "four," in line 9, and inserting in lieu thereof the word "three."
Mr. Atkins called the question; which was ordered.
Upon which Mr. Lyons demanded the yeas and nays; which were not ordered, and the amendment was not agreed to.
Mr. Lyon moved to amend the amendments of the Senate by striking out the whole of the first section and inserting in lieu thereof the following, viz:
No Treasury note outstanding at the time of the passage of this act shall be receivable in payment of public dues or fundable after the first day of May, eighteen hundred and sixty-four, east of the Mississippi River, or after the first day of August, eighteen hundred and sixty-four, west of the Mississippi; but until the privilege of funding as above prescribed shall cease all Treasury notes outstanding as aforesaid shall be received in payment of any taxes imposed by the act to lay taxes for the common defense and carry on the Government of the Confederate States, approved April twenty-fourth, eighteen hundred and sixty-three, or which, may be imposed by any act of the present session of Congress; and in case any tax imposed by either of said acts shall not have been assessed and ascertained by the period stated, it shall be lawful for any taxpayer to deposit in the Treasury or any of its depositories, by the first of May next, east, and by the first of August next, west of the Mississippi River, the supposed amount of his or her tax and receive therefrom a certificate of deposit, to be subsequently applied to the payment of such tax when assessed and ascertained, and any taxpayer so depositing shall be allowed interest at the rate of six per cent per annum on the amount of any such tax from the date of the deposit
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up to the assessment and ascertainment of such tax; and from the face of the remainder of all such Treasury notes outstanding as aforesaid not so used in payment of taxes there shall be deducted the tax of twenty-five per cent thereon imposed by the act of the present session of Congress, and also such Treasury notes outstanding as aforesaid at the period stated, after deducting the tax aforesaid, shall be fundable in registered bonds payable twenty years after their date, bearing interest at the rate authorized by the law under which said Treasury notes were issued, payable semiannually or at the option of the holder of said Treasury notes to bear interest at the rate of four per cent per annum, the said four per cent bonds to be in principal and interest exempt from taxation, and said bonds issued under the authority of this section shall be received in payment of any tax imposed by the act of the twenty-fourth of April, eighteen hundred and sixty-three, or by any tax law of the present session of Congress.
Mr. Russell submitted the following amendment to the amendments of the Senate:
Insert between the second and third sections the following:
"The taxes in kind for the year eighteen hundred and sixty-four shall be one-fifth instead of one-tenth of the subjects thereof as heretofore imposed, but each farmer and planter may for that year reserve twice the amount heretofore authorized to be reserved of any crop, and no property shall hereafter be impressed at the prices fixed by any of the boards of commissioners under the act to regulate impressments, approved March twenty-sixth, eighteen hundred and sixty-three, unless such prices correspond with the market prices at the times and places of impressment.
"The tax in kind of any crop for the year eighteen hundred and sixty-four may be commuted, at the option of the taxpayer, by the payment of four-fifths of the assessed value thereof to the proper collector, in specie or exchequer notes, withindays from the time of the assessment of such value according to law; and such value shall be assessed according to the market value in exchequer notes. But the tax in kind of bacon shall not be so commuted."
Mr. Jones moved that further consideration of the subject be postponed until Saturday next.
Mr. Hilton called the question.
Mr. Swan moved the previous question.
On ordering the main question,
Mr. Chilton demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Baldwin, Barksdale, Boteler, Boyce, Bridgers, Horatio W. Bruce, Clapp, Clark, Clopton, Collier, Crockett, Curry, Dargan, Davidson, Dupré, Ewing, Farrow, Funsten, Gartrell, Goode, Hartridge, Holder, Jones, Kenan of North Carolina, Lander, Lewis, Lyon, Machen, Martin, McLean, McQueen, Menees, Miles, Munnerlyn, Perkins, Preston, Pugh, Singleton, Staples, Swan, Vest, Villeré, Welsh, and Wright of Texas.
Nays: Ashe, Bell, Chilton, Conrad, De Jarnette, Foster, Graham, Gray, Hilton, Ingram, Johnston, Lyons, McRae, Miller, Ralls, Russell, Sexton, Simpson, Smith of North Carolina, and Strickland.
Two-thirds having voted in the affirmative, the main question was ordered.
Mr. Preston moved to reconsider the vote by which the main question was ordered.
Mr. Jones demanded the yeas and nays; which were not ordered, and the motion to reconsider prevailed.
The question recurring on ordering the main question,
It was decided in the negative.
The House then, on motion of Mr. Atkins, resolved itself into open session.
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Being again in secret session, and the question recurring on the amendment of Mr. Lyon,
Mr. Swan called the question; which was ordered.
Upon which Mr. Lyon demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Atkins, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Chambers, Chilton, Clark, Clopton, Conrad, Conrow, Curry, Elliott, Foster, Gaither, Gartrell, Goode, Graham, Gray, Hilton, Holder, Kenan of North Carolina, Lander, Lewis, Lyon, McDowell, McRae, Miles, Preston, Pugh, Ralls, Russell, Sexton, Simpson, Staples, Strickland, Villeré, and Welsh.
Nays: Arrington, Baldwin, Boyce, Clapp, Collier, Crockett, Dargan, Ewing, Farrow, Funsten, Hartridge, Ingram, Johnston, Jones, Lyons, Machen, McLean, McQueen, Menees, Miller, Munnerlyn, Perkins, Smith of North Carolina, and Swan.
So the amendment was agreed to.
Mr. McRae moved to reconsider the vote just taken, and called the question; which was ordered, and the motion to reconsider was lost.
Mr. Lyon moved to amend the Senate amendments by striking out, in the second section thereof, the words "shall proceed to issue notes to be denominated exchequer notes" and inserting in lieu thereof the words "shall, as the wants of the Treasury may require, proceed to make a new issue of Treasury notes."
Mr. Menees called the question; which was ordered, and the amendment was not agreed to.
Mr. Conrad moved to amend the said section by striking out, in line 7, the words "and such other dues as may be declared by law payable in specie only."
The amendment was agreed to.
Mr. Jones moved to postpone the consideration of the bill and amendments until Saturday next.
Mr. McRae called the question; which was ordered, and the motion to postpone was lost.
Mr. Russell moved to amend the second section by inserting after the word "holder," in line 11, the words "such exchequer notes shall be payable to the bearer and shall be of any of the denominations heretofore authorized for Treasury notes."
The amendment was agreed to.
Mr. Jones proposed to amend the amendments of the Senate by inserting between sections 2 and 3 thereof the bill to levy additional taxes for the common defense and support of the Government.
The Chair ruled the amendment out of order.
Mr. Conrad appealed from the decision of the Chair.
Mr. Menees called the question; which was ordered.
Upon which Mr. Jones demanded the yeas and nays;
Which were ordered,
Yeas: Ashe, Barksdale, Chambers, Clapp, Clark, Clopton, Collier, Conrow, Davidson, Funsten, Gaither, Gartrell, Goode, Gray, Hartridge, Holder, Lander, Lyon, Lyons, Machen, McDowell, McRae,
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Menees, Miles, Miller, Munnerlyn, Singleton, Smith of North Carolina, Swan, and Welsh.
Nays: Arrington, Atkins, Baldwin, Boteler, Bridgers, Chilton, Conrad, Crockett, Dargan, Ewing, Farrow, Graham, Hilton, Ingram, Johnston, Jones, Kenan of North Carolina, Lewis, McLean, Perkins, Preston, Pugh, Ralls, Russell, Sexton, Simpson, and Strickland.
So the House sustained the decision of the Chair.
Mr. McRae called the question; which was ordered.
The question being on the amendment of Mr. Russell,
It was decided in the negative.
Mr. Lyon submitted the following amendments; which were agreed to, viz:
Mr. Graham moved that the House resolve itself into open session.
The motion was lost.
Mr. Hilton moved the previous question; which was not ordered.
Mr. Conrad moved to amend the Senate amendments by striking out the remaining sections thereof, from the fourth to the thirteenth, inclusive.
Mr. Hilton called the question; which was ordered, and the amendment of Mr. Conrad was agreed to.
Mr. McRae moved to reconsider the vote by which the amendment was agreed to.
Mr. Machen called the question; which was ordered.
Pending which,
The House,
On motion of Mr. Gray,
Resolved itself into open session.
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