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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-FIFTH DAY--WEDNESDAY, February 10, 1864.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
FIFTY-FIFTH DAY--WEDNESDAY, February 10, 1864.

OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer, by Rev. Dr. Sehon.

The Chair laid before the House the following communications from the President; which, together with the accompanying documents, were laid on the table and ordered to be printed:

Richmond, Va., February 8, 1864.

To the House of Representatives:

In response to your resolution of the 12th ultimo, I herewith transmit for your information a communication from the Secretary of War relative to the "domestic passport system" now enforced upon citizens traveling in some parts of the Confederate States outside of the lines of the armies

JEFFERSON DAVIS.

Also, the following message:

Richmond, Va., February 8, 1864.

To the House of Representatives:

In response to your resolution of the 12th ultimo, I herewith transmit for your information a communication from the Secretary of War, stating the records of

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the War Office "do not show any authority granted to raise troops of conscript age, except in localities where the operation of the conscript law has been suspended, or, from the control of the enemy, it can not be enforced."

JEFFERSON DAVIS.

Richmond, Va., February 8, 1864.

To the House of Representatives:

I herewith transmit a communication from the Secretary of War in response to your resolution of the 15th ultimo, requesting to be informed "by what authority Generals Sam. Jones and Imboden have prohibited transportation of food from the military districts in which they are located to the city of Richmond for private use and consumption."

JEFFERSON DAVIS.

The Chair also laid before the House another communication from the President; which was read as follows, viz:

Richmond, Va., February 8, 1864.

To the Senate and House of Representatives:

I herewith transmit for your information a communication from the Secretary of War, covering a copy of the report by Gen. John S. Williams "of the operations of the forces under his command at Blue Springs, Henderson, and Rheatown, Tenn."

JEFFERSON DAVIS.

The communication and accompanying documents were laid upon the table and ordered to be printed.

The motion to print the usual number of copies was referred to the Committee on Printing.

Mr. Vest, from the Committee on Elections, under a suspension of the rules, reported

A bill to provide for holding elections for Representatives in the Congress of the Confederate States of America from the State of Arkansas.

The bill having been read a first and second time, and the question being on postponing the same and placing it on the Calendar,

It was decided in the negative.

The bill was then engrossed, read a third time, a passed.

The title was also agreed to.

Mr. Barksdale, under a suspension of the rules, from the Committee on Printing, submitted a report, accompanied by a bill to authorize the publication of a digest of the laws of the Confederate States.

The bill having been read a first and second time, and the question being on postponing the same and placing it on the Calendar,

It was decided in the negative.

Mr. Barksdale moved to suspend the rule requiring the bill to be considered in Committee of the Whole; which motion prevailed.

Mr. Ralls moved that the bill be indefinitely postponed, and called the question.

Pending which,

Mr. Jones moved that the House resolve itself into secret session; which motion did not prevail.

The question recurring on the call of the question,

It was decided in the affirmative.

The question recurring on the motion to postpone indefinitely,

It was decided in the negative.

Mr. Smith of North Carolina moved to amend the bill by striking out, in section 2, the words "the copyright being reserved to the compilers."

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Mr. Barksdale moved to amend the amendment of Mr. Smith by striking out the same and inserting in lieu thereof the words "except for the number of copies herein ordered to be printed."

Pending which,

The House, on motion of Mr. Jones, resolved itself into secret session; and having spent some time therein, the House again resumed business in open session.

The Calendar having been postponed,

The House again took up the bill to authorize the publication of a digest of the laws of the Confederate States; which, on motion of Mr. Perkins, was postponed until to-morrow morning.

Mr. Clark, under a suspension of the rules, from the Special Committee on Deceased Soldiers' Claims, reported

A bill to facilitate the settlement of the claims of deceased officers and soldiers;

which was read a first and second time.

The question being on postponing the bill,

It was decided in the negative.

Mr. Foster moved that the bill be postponed, placed on the Calendar, printed, and made the special order for Saturday morning next.

The motion prevailed.

Mr. Clark, from the same committee, also submitted a written report; which was ordered to be printed.

Mr. Chambliss, from the Committee on Naval Affairs, under a suspension of the rules, reported back a Senate bill (S. 179) making allowances to officers of the Navy of the Confederate States, under certain circumstances, and to amend an act entitled "An act to provide for the organization of the Navy," approved March 16, 1861, with the recommendation that it do pass.

The question being on postponing the bill,

It was decided in the negative.

Mr. Miles called the question; which was ordered, and the bill was engrossed, read a third time, and passed.

The title of the bill having been read and agreed to,

Mr. Miles moved to reconsider the vote by which the bill was passed.

The motion was lost.

Mr. Farrow, from the Committee on the Medical Department, under a suspension of the rules, reported

A bill to provide for increasing the price of the rations for sick and wounded soldiers in hospitals;
which was read a first and second time.

And the question on postponing the bill having been decided in the negative, it was engrossed, read a third time, and passed.

The title of the bill was read and agreed to.

Mr. Farrow, from the same committee, reported

A joint resolution to declare the meaning of an act allowing hospital accommodations to sick and wounded officers;
which was read a first and second time.

The question being on postponing the joint resolution and placing it on the Calendar,

It was decided in the negative.

The joint resolution was then engrossed, read a third time, and passed.

The title was read and agreed to.

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On motion of Mr. Miles, the motion of Mr. Preston to reconsider the vote by which the bill to provide and organize a general staff for armies in the field, to serve during the war, was indefinitely postponed was taken up for consideration.

Mr. Chambliss called the question; which was ordered.

Upon which Mr. Foster demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 35
• Nays ... 24

Yeas: Atkins, Baldwin, Barksdale, Bell, Boteler, Horatio W. Bruce, Chambers, Chambliss, Clark, Collier, Conrow, Davidson, Farrow, Funsten, Gaither, Goode, Hanly, Hartridge, Holcombe, Lander, Lewis, Lyon, Martin, McQueen, McRae, Menees, Miles, Miller, Perkins, Preston, Ralls, Staples, Swan, Vest, and Villeré.

Nays: Arrington, Bridgers, Chilton, Clapp, Clopton, Conrad, Crockett, Curry, Dupré, Ewing, Foster, Gartrell, Graham, Hilton, Holder, Ingram, Jones, Kenan of North Carolina, Machen, Sexton, Singleton, Smith of North Carolina, Welsh, and Wright of Texas.

So the motion to reconsider prevailed.

The question recurring on the motion to postpone indefinitely,

It was decided in the negative.

Mr. Sexton called the question; which was ordered.

The question being on ordering the bill to a third reading,

It was decided in the affirmative.

The bill having been read a third time,

Mr. Sexton called the question; which was ordered.

The question being on the passage of the bill,

Mr. Foster demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 30
• Nays ... 28

Yeas: Barksdale, Bell, Boteler, Horatio W. Bruce, Chambers, Chambliss, Collier, Conrow, Dargan, Davidson, Farrow, Funsten, Goode, Hanly, Hartridge, Lander, Lewis, Lyon, McQueen, McRae, Menees, Miles, Miller, Perkins, Preston, Ralls, Staples, Swan, Vest, and Villeré,

Nays: Ashe, Baldwin, Bridgers, Chilton, Clapp, Clark, Clopton, Conrad, Curry, Dupré, Ewing, Foster, Gartrell, Graham, Hilton, Holder, Ingram, Jones, Kenan of North Carolina, Machen, McDowell, Pugh, Sexton, Singleton, Smith of North Carolina, Welsh, Wright of Texas, and Mr. Speaker.

So the bill was passed.

Mr. Miles moved to reconsider the vote by which the bill was passed.

Mr. Sexton called the question; which was ordered.

Mr. Foster demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 32
• Nays ... 26

Yeas: Ashe, Baldwin, Barksdale, Bridgers, Chilton, Clapp, Clopton, Conrad, Crockett, Curry, Dupré, Ewing, Farrow, Foster, Gartrell, Graham, Gray, Hilton, Holcombe, Holder, Jones, Lyon, Machen, McDowell, Pugh, Sexton, Singleton, Smith of North Carolina, Vest, Villeré, Welsh, and Wright of Texas.

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Nays: Boteler, Horatio W. Bruce, Chambers, Chambliss, Clark, Collier, Conrow, Dargan, Davidson, Funsten, Goode, Hanly, Hartridge, Ingram, Lander, Lewis, McQueen, McRae, Menees, Miles, Miller, Munnerlyn, Perkins, Preston, Ralls, and Swan.

So the motion to reconsider prevailed.

Mr. Baldwin moved that the House do now adjourn.

The motion was lost.

Mr. Jones moved that the House take a recess until half past 7 o'clock.

Upon which Mr. Ralls demanded the yeas and nays; which were not ordered, and the motion was lost.

Mr. Miles moved that the House resolve itself into secret session.

Mr. Jones demanded the yeas and nays; which were not ordered, and the motion of Mr. Miles prevailed.

The House having resolved itself into secret session; and spent some time therein, again resolved itself into open session.

The following messages were received from the Senate, by Mr. Nash, their Secretary:

Mr. Speaker: The Senate have passed, without amendment, the following bill and joint resolution of this House, viz:

• H. R. 102. A bill to amend an act entitled "An act to organize military courts to attend the Army of the Confederate States in the field, and to define the powers of said courts;" and
• H. R. 30. Joint resolution of thanks to the officers and men of McClung's battery.

The Senate have also passed a joint resolution of the following title, viz:

• S. 29. Joint resolution of thanks to the troops reenlisting for the war from the State of Georgia;

In which I am directed to ask the concurrence of this House.

The President of the Confederate States has notified the Senate that he did, on the 6th instant, approve and sign the following joint resolutions, viz:

• S. 27. Joint resolution of thanks to North Carolina troops; and
• S. 28. Joint resolution of thanks to the troops from the State of Louisiana in the Army of Tennessee.

Mr. Speaker: The Senate insist upon their amendments to the bill of this House (H. R. 75) entitled "An act to amend an act to regulate impressments, approved March twenty-sixth, eighteen hundred and sixty-three, and to repeal an act amendatory thereof, approved April twenty-seventh, eighteen hundred and sixty-three," ask a committee of conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Hill, Mr. Henry, and Mr. Jemison managers on their part at said conference.

Mr. Speaker: The Senate have passed a bill (S. 224) entitled "An act to promote the efficiency of the cavalry of the Provisional Army, and to punish lawlessness and irregularities of any portion thereof;"

In which I am directed to ask the concurrence of this House.

Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled

• H. R. 96. An act to authorize the issue of certificates for interest on the fifteen million loan;
• S. 208. An act to provide compensation for officers who may heretofore have performed staff duty under orders of their superior officers;
• S. 215. An act to amend an act to authorize the appointment of an agent of the Treasury Department west of the Mississippi, approved January 27, 1864;
• S. 191. An act to amend an act entitled "An act to establish a volunteer navy;" and
• S. 22. Joint resolution for the benefit of Zedekiah McDaniel, of Kentucky, and Francis M. Ewing, of Mississippi.

And the Speaker signed the same.

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Mr. Perkins moved that the House take a recess until half past 7 o'clock.

Mr. Hartridge moved that the House adjourn; which latter motion prevailed, and

The Chair announced that the House stood adjourned until 11 o'clock to-morrow.

SECRET SESSION.

The House being in secret session, resumed the consideration of the unfinished business of yesterday; which was the bill to tax, fund, and limit the currency.

The question being on the motion of Mr. McRae to reconsider the vote by which the amendment of Mr. Conrad to strike out the amendments of the Senate from 4 to 13, inclusive, was agreed to,

It was decided in the affirmative.

The question recurring on the amendment of Mr. Conrad,

It was decided in the negative.

The question recurring on the first amendment of the Senate, as amended,

Mr. Jones called the question; which was ordered, and the amendment of the Senate was not concurred in.

The second and third amendments of the Senate were not concurred in.

Mr. Jones moved to amend the fourth amendment of the Senate by striking out the same and inserting in lieu thereof the following:

That, in addition to the taxes levied 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, there shall be levied, from the passage of this act, on the subjects of taxation hereafter mentioned, and collected from every person, copartnership, association, or corporation liable therefor, taxes as follows, to wit:

• I. Upon the value of property, real, personal, and mixed, of every kind and description, not hereinafter exempted or taxed at a different rate, five per cent: Provided, That on all such property within the Confederacy owned by one not a citizen of the Confederate States residing outside of the Confederacy, not in the public service, the tax shall be ten per cent: And provided, That from this tax on the value of property employed in agriculture shall be deducted the value of the tax in kind derived therefrom as assessed under the law imposing it, and delivered to the Government; but this deduction shall not reduce the tax on the value of the property below two per cent.
• II. On the value of gold and silver wares and plate, jewels, jewelry, and watches, ten per cent.
• III. The value of property taxed under this section shall be assessed on the basis of the market value of the same or similar property in the neighborhood where assessed in the year eighteen hundred and sixty.
  • Sec. 2. I. On the value of wheat, flour, corn, rice, sugar, molasses or sirup, salt, bacon, pork, hogs, beef or beef cattle, sheep, oats, hay, fodder, raw hides, leather, woolen, cotton, or mixed cloths, cotton yarns, hats, shoes, boots, wagons, harness, coal, iron, spirituous liquors, steel, or nails held or owned by any other than the producer, raiser, grower, or manufacturer, and not being necessary and intended for family use or consumption, during the year eighteen hundred and sixty-four, twenty per cent: Provided, That this tax shall not apply to property acquired and held in the due course of a registered business, and for sale therein.
    • II. On the value of all cotton, except fifteen pounds of ginned cotton for each member of a family, tobacco and naval stores, held or owned by any other than the producer or grower, twenty per cent; but when held and owned by the producer or grower, ten per cent.
    • III. On the value of all shares or interests held in any bank, banking company or association, canal, navigation, importing and exporting, insurance, manufacturing, telegraph, express, railroad, and dry-dock companies, and all other joint-stock companies of every kind, whether incorporated or not, five per cent.

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    • IV. The value of property taxed under this section shall be assessed upon the basis of the market value of such property in the neighborhood where assessed, in such currency as may be in general use there in the purchase and sale of such property at the time of assessment.
  • Sec. 3. Upon the amount of all solvent credits, and of all bank bills, and all other paper used as currency, exclusive of Confederate Treasury notes, five per cent; and on all Treasury notes above the denomination of five dollars, except interest-bearing Treasury notes, twenty-five per cent.
  • Sec. 4. Upon profits made in trade and business, as follows:
    • I. On all profits made by buying and selling spirituous liquors, flour, wheat, corn, rice, sugar, molasses or sirup, salt, bacon, pork, hogs, beef or beef cattle, sheep, oats, hay, fodder, raw hides, leather, horses, mules, boots, shoes, cotton yarns, wool, woolen, cotton, or mixed cloths, hats, wagons, harness, coal, iron, steel, or nails, at any time between the first of January, eighteen hundred and sixty-two, and the first of May, eighteen hundred and sixty-four, thirty-three and one-third per cent.
    • II. On all profits made by buying and selling money, gold, silver, foreign exchange, stocks, notes, debts, credits, or obligations of any kind, and any merchandise, property, or effects of any kind not enumerated in the preceding paragraph, between the times named therein, twenty per cent.
    • III. On the amount of profits exceeding twenty-five per cent made during either of the years eighteen hundred and sixty-two, eighteen hundred and sixty-three, and eighteen hundred and sixty-four by any bank or banking company, insurance, canal, navigation, importing and exporting, telegraph, express, railroad, manufacturing, dry dock, or other joint-stock company of any description, whether incorporated or not, twenty-five per cent on such excess.
    • IV. From the taxes imposed on profits, under this section, shall be deducted the amount of tax on incomes assessed and collected on such profits under the act, to which this is additional, of the twenty-fourth of April, eighteen hundred and sixty-three.
  • Sec. 5. The taxation of certain articles of property at a higher rate when held or owned by other than producer, grower, or manufacturer shall not be construed to relieve such property from the tax of five per cent on its value when held or owned by the producer, grower, or manufacturer.
  • Sec. 6. The following exemptions from taxation under this act shall be allowed, to wit:
    • I. Property of each head of a family to the value of five hundred dollars, and for each minor child of the family to the further value of one hundred dollars, and for each son actually engaged in the Army or Navy, or who has died or been killed in the military or naval service, and who was a member of the family when he entered the service, to the further value of five hundred dollars.
    • II. Property of the widow of any officer, soldier, sailor, or marine who has died or been killed in the military or naval service, or where there is no widow, then of the family, being minor children, to the value of two thousand dollars.
    • III. Property of every officer, soldier, sailor, or marine actually engaged in the military or naval service, or of such as have been disabled in such service, to the value of two thousand dollars.
    • IV. Property destroyed by or under the control or in the occupancy of the enemy, or of the use or enjoyment of which the owner is and has been for twelve months preceding the passage of this act deprived by the presence or proximity of the enemy, or where there has been a partial destruction or temporary possession by the enemy of property, or injuries done to the same, within the time designated, then the tax upon such property shall be reduced in proportion to the diminished value thereof.
    • V. The property of and bonds issued by the States of the Confederacy, and the property of municipal corporations held for public purposes, and the property, incomes, and money of hospitals, asylums, churches, schools, academies, and colleges.
  • Sec. 7. The taxes laid for the year eighteen hundred and sixty-four shall be assessed as on the day of the passage of this act and be due and collected on the first of May next, or as soon after as practicable, allowing an extension of ninety days west of the Mississippi River, except such as may accrue on incomes and profits after that time, which shall be due and payable on the thirty-first of December next: Provided, That in calculating the tax of five per cent on the value of property employed in agriculture the reduction of three per cent thereof shall be suspended till the value of the tax in kind for eighteen hundred and sixty-four shall be assessed and ascertained.
  • Sec. 8. So much of the tax act of the twenty-fourth of April, eighteen hundred and sixty-three, as levies a tax on incomes derived from property or effects on the amount or value of which a tax is levied by this act, and also the first section of said act, are suspended for the year eighteen hundred and sixty-four.

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The Chair submitted to the House the question,

Is the amendment in order?

Upon which Mr. Jones demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 38
• Nays ... 30

Yeas: Arrington, Atkins, Baldwin, Bridgers, Chilton, Conrad, Dargan, Davidson, Elliott, Ewing, Farrow, Foster, Gaither, Garland, Graham, Hilton, Holcombe, Ingram, Johnston, Jones, Kenan of North Carolina, Lewis, Lyon, Martin, McQueen, Menees, Perkins, Preston, Pugh, Ralls, Sexton, Simpson, Singleton, Smith of North Carolina, Staples, Strickland, Villeré, and Welsh.

Nays: Ashe, Barksdale, Boyce, Chambers, Chambliss, Clapp, Clark, Clopton, Collier, Conrow, Crockett, Curry, Dupré, Funsten, Gartrell, Goode, Gray, Hanly, Hartridge, Lander, Lyons, Machen, McDowell, McLean, McRae, Miles, Munnerlyn, Smith of Alabama, Swan, and Vest.

So the House decided the amendment was in order.

Mr. Jones called the question; which was ordered, and the amendment was agreed to.

The question recurring on the amendment of the Senate, as amended,

Mr. Lyons demanded the yeas and nays; which were not ordered, and the amendment of the Senate, as amended, was agreed to.

Mr. Jones moved to reconsider the vote by which the amendment was agreed to, and called the question; which was ordered, and the motion to reconsider was lost.

Mr. Baldwin moved that the injunction of secrecy be removed from the bill of the Senate to organize forces to serve during the war, as it passed this House; which motion prevailed.

On motion of Mr. Perkins, the injunction of secrecy was removed from the bills of the Senate entitled

• S. 182. An act to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense; and
• S. 183. An act to prohibit the importation of luxuries, or of articles not necessaries or of common use.

Mr. Dargan moved that the special order be postponed to enable him to make a report from the Special Committee on the Foreign Loan.

The motion prevailed, and

Mr. Dargan, from the Special Committee on the Foreign Loan, reported

A bill to authorize a further foreign loan;
which was read a first and second time, postponed, placed on the Calendar, and made the special order from day to day after the expiration of the present special order.

The House then proceeded to the consideration of the special order; which was the bill to amend the act for the assessment and collection of taxes, approved May 1, 1863.

Mr. Clark moved to amend the bill by striking out the fifth clause in section 1; which reads as follows, viz:

5. The thirty-sixth section of said act is hereby amended and reenacted so as to read as follows:

• "Sec. 36. The compensation of district tax collectors shall be five per cent on the first twenty thousand dollars collected and paid over, two per cent on the next thirty thousand dollars collected and paid over, one per cent on the next fifty thousand dollars collected and paid over, and one-tenth of one per cent on all moneys collected

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  and paid over above the sum of one hundred thousand dollars. And there shall be allowed and paid to the several assessors for their services under this act eight dollars for every day employed in making lists and assessments under this act, the number of days being certified by the district collector and approved by the State collector, and also eight dollars for every hundred taxable persons contained in the list as completed by such assessor and delivered to the collector: Provided, That in cities and large towns, where in his judgment the public interest may require it, the Secretary of the Treasury shall have power to increase the per diem compensation of assessors not to exceed ten dollars per day."

Mr. Clark demanded the yeas and nays on his amendment;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 13
• Nays ... 46

Yeas: Clark, Elliott, Ewing, Foster, Gartrell, Graham, Holder, Lewis, Miller, Smith of North Carolina, Strickland, Swan, and Welsh.

Nays: Arrington, Ashe, Atkins, Baldwin, Boteler, Boyce, Bridgers, Horatio W. Bruce, Chambliss, Chilton, Chrisman, Clapp, Clopton, Collier, Conrad, Conrow, Curry, Dupré, Farrow, Funsten, Gaither, Goode, Hanly, Hartridge, Hilton, Holcombe, Ingram, Johnston, Jones, Kenan of North Carolina, Lander, Lyon, Lyons, Machen, Martin, McRae, Menees, Miles, Perkins, Preston, Pugh, Ralls, Simpson, Singleton, Smith of Alabama, and Villeré.

So the amendment was not agreed to.

The bill was then engrossed, read a third time, and passed.

The title of the bill was read and agreed to.

The House then proceeded to the consideration of the next special order; which was the bill to authorize a further foreign loan.

The bill was engrossed, read a third time, and passed.

The title of the bill having been read and agreed to,

Mr. Dargan 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.

The following messages were received from the Senate, by Mr. Nash, their Secretary:

Mr. Speaker: The Senate have passed a joint resolution (S. 24) entitled "Joint resolution in relation to the exchange of prisoners;" in which I am directed to ask the concurrence of this House.

Mr. Speaker: The Senate have disagreed to the amendments proposed by this House to the bill of the Senate (S. 158) entitled "An act to organize forces to serve during the war," ask a committee of conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Sparrow, Mr. Wigfall, and Mr. Johnson of Georgia the managers at said conference on their part.

The President of the Confederate States has notified the Senate that he did, on the 6th instant, approve and sign bills of the following titles, viz:

• S. 169. An act to repeal an act entitled "An act supplementary to an act to provide for the funding and further issue of Treasury notes," approved April 30, 1863;
• S. 182. An act to impose regulations upon the foreign commerce of the Confederate States to provide for the public defense; and
• S. 183. An act to prohibit the importation of luxuries, or of articles not necessaries or of common use.

The House then, on motion of Mr. Baldwin, resolved itself into open session.

Being again in secret session,

Mr. Miles moved that the House insist upon its amendments to the bill of the Senate (S. 158) to organize forces to serve during the war, and that a committee of conference be appointed to meet a similar committee which had been appointed on the part of the Senate.

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The motion was agreed to.

And the House,

On motion of Mr. Perkins,

Resolved itself into open session.

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