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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-EIGHTH DAY--SATURDAY, February 13, 1864.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 6]
FIFTY-EIGHTH DAY--SATURDAY, February 13, 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 communication from the President; which was read as follows, viz:

Richmond, Va., February 12, 1864.

To the House of Representatives:

In response to your resolution of the 21st ultimo, I herewith transmit for your information a communication from the Secretary of War relative to the delivery of the "tax in kind" at the Government depots by the producers.

JEFFERSON DAVIS.

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

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

Richmond, Va., February 12, 1864.

To the House of Representatives:

In response to your resolution of the 29th ultimo, I herewith transmit for your information a communication from the Secretary of War, submitting copies of papers relating "to the trial and conviction of W. E. Coffman by a military court," and to "a writ of habeas corpus issued from the circuit court of Rockingham County, Va., to prevent the execution of said Coffman.'

JEFFERSON DAVIS.

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

To the House of Representatives of the Confederate States of America:

Having carefully considered the act entitled "An act to provide for wounded and disabled officers, soldiers, and seamen an asylum, to be called 'The Veteran Soldiers' Home,'" I feel constrained to return it, with my objections, to the House of Representatives, in which it originated. The object of the act appeals most strongly to the sympathies of all; but in providing the means for effectuating that object it enacts provisions which, in my judgment, are unwarranted by the Constitution. Without affirming that the act creates a perfect corporation, there can be no doubt that it confers upon the board of managers of the institution which it is intended to found corporate powers and franchises of a well-defined character which constitute them what is known as a quasi corporation. They are to organize themselves into a board by the election of a president, treasurer, and other necessary officers; are to continue in office until their successors are appointed, thus providing for a continual succession; and they are to be subject to the general approval and direction of the Secretary of War, thus constituting the Secretary a visitor, a usual incident of eleemosynary corporations. They have power to make by-laws, or, as the act expresses it, the "power to make all requisite rules and regulations" for the government of the institution, and they are authorized to receive endowments from individuals and from the States. These are all ordinary and well-known corporate franchises. But if any doubt could exist as to whether they are granted to the board as a corporation or quasi corporation, or only intrusted to them as individual trustees, that doubt is removed by the second section of the act. That section provides that the treasurer shall give bond with security for the faithful discharge of his duties, which bond shall be payable to the said board of managers and their successors in office, and may by them be put in suit in any State or Confederate court having jurisdiction. It can not be understood that this bond is to be taken to and sued upon by the board of managers in their individual capacity as natural persons. This is evident from two considerations:

• First. Such a power would be supererogatory and useless, since, as natural persons, they already had, by the common law, ample right to make any contract and take any bond or other security not contravening the policy of the law.
• Second. The right of action on a bond payable to the managers, as individuals, would, in the courts of law, remain in and be under the control of the managers after they had gone out of office; and, in case of the death of all of them, would belong to the personal representative of the last survivor; and to prevent these inconveniences, it is expressly provided that the bond should be payable to and be sued on by "the board of managers and their successors in office," which could only be accomplished by constituting them, to that extent, a corporation.

From these considerations it is apparent that the intent of the act is to confer corporate powers upon the board of managers; and that intent is, in my judgment, beyond the powers intrusted to Congress by the Constitution. However enlightened opinions may have differed under the old Government, the whole history and theory of the contest in which we are engaged and the express recognition in our Constitution of the sovereignty of the States preclude all idea of so widely extending, by construction, the field of implied powers. That there is no such power expressly granted need scarcely be remarked.

But if this view of the intent and operation of the act be discarded as incorrect then it can be susceptible of but one other interpretation. It provides for the support and comfort of soldiers and seamen disabled in the public service--a class in all countries regarded as the peculiar objects of governmental benevolence. The institution

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which it founds is endowed, in part at least, from the funds of the Government. The real estate necessary for the purpose of this act is to be leased or purchased by the Secretary of War, under the approval of the President, as the property of the Government. Officers in the service and pay of the Government are to be assigned for duty at the asylum. Its whole management is to be subject to the general direction and control of a high officer of the Government--the Secretary of War. And the board of managers are required to report to the Secretary, to be communicated to Congress at every regular session, a statement of the condition of the institution. It is, then, a Government institution, and its officers are officers of the Confederate States; but they are not to be appointed in any of the ways by which alone such appointments can be constitutionally made--neither by the President, with the advice and consent of the Senate, nor by the President alone, nor by the courts of law, nor by the head of a department. The managers are to be appointed by the governors of the several States, and they in turn are to appoint their president and treasurer and fix their salaries.

These two are, in my judgment, the only interpretations of which the act is susceptible, and, under either view, its provisions are violative of the Constitution.

JEFFERSON DAVIS.

Richmond, Va., February 11, 1864.

Bill to be entitled "An act to provide for wounded and disabled officers and soldiers an asylum, to be called 'The Veteran Soldiers' Home.'"

• Section. 1. The Congress of the Confederate States of America do enact, That, in order to make a just and adequate provision for the maintenance and comfort of officers and soldiers or seamen who have been or may be disabled by wounds received or disease contracted in the military or naval service of the Confederate States during the pending war, the sum of ... dollars be, and the same is hereby, appropriated to be expended, or so much thereof as may be necessary, by the Secretary of War, under the approval and direction of the President, in the lease or purchase of some safe and suitable location for an asylum, to be called "The Veteran Soldiers' Home," and for the erection and furnishing of such buildings and fixtures as the probable number of inmates may render necessary; and in order that the several Confederate States, and the citizens thereof, may have the opportunity of becoming identified with this philanthropic and patriotic enterprise, and of participating in the pleasing and grateful duty of contributing to the relief of those who have periled all, and have been disabled in the service of their country, it shall be the duty of the Secretary of War, immediately after the passage of this act, to invite the aid and cooperation of said States, through the respective governors thereof, and to request the appointment of one person on behalf of each State as a manager of the institution hereby established; and the several persons so appointed shall, as soon as practicable, assemble at some time and place, to be designated by the Secretary of War, and organize themselves into a board of managers by the election of a president and other necessary officers, with such compensation as the board may deem adequate, and a majority of the persons composing said board shall constitute a quorum for the transaction of business. They shall continue in office for the period of two years from the date of their appointment, and until their successors are in like manner appointed, and subject to the general approval and direction of the Secretary of War. They shall have the management and control of said institution, and the power to make all requisite rules and regulations therefor, including the appointment of stewards and nurses, the organizing a police force, and other necessary arrangements. Upon their recommendation and application the proper authorities shall appoint or assign for duty, at said institution, a commissary, who shall provide needful supplies for the same on Government account, and such surgeons and assistant surgeons, in the pay of the Government, as the wants of the institution may require, or as may be necessary for the skillful and successful management of an infirmary, which the board may establish as a part of the institution, for the benefit of all those invalids, soldiers, or seamen who may need the repose and treatment furnished therein, together with all other persons of said classes, whose wounds, from hasty field operations, require further surgical attention; and the Surgeon-General shall be authorized to appoint the most skillful surgeons to discharge the duties of said infirmary. They shall adopt such measure as they may deem best for obtaining contributions from individuals desiring to aid the enterprise, and shall preserve a registry, which shall be kept open to public inspection, of the names of such contributors and the amount contributed by each, and, also, all donations received from the several State governments.
• Sec. 2. The funds of the institution shall be placed in the hands of a treasurer to be elected by the board, who, before assuming the duties of his office, shall enter

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  into a bond and security for the faithful performance thereof, which bond shall be approved by the board of managers and made payable to said board and their successors in office, and may by them, for any infraction of the same, be put in suit in any State or Confederate court having jurisdiction of the amount. The said funds, subject to the general approval of the Secretary of War, as aforesaid, shall be expended by the board of managers in the erection of such buildings, fixtures, and appurtenances as may be necessary, and in providing for such agricultural, horticultural, mechanical, or other employment or pursuit as the wants of the institution or the comfort and recreation of the inmates may suggest. The said board shall, before the assembling of each regular session of Congress, submit a report of the condition and state of affairs of the institution to the Secretary of War, which it shall be his duty to communicate to Congress.

• Sec. 3. The beneficiaries of said institution, who shall be entitled to become inmates of the same, shall be all commissioned and noncommissioned officers, musicians, and private soldiers and seamen who have been, or who may hereafter be, retired or discharged by reason of wounds or injuries received or disease contracted in the military or naval service of the Confederate States in the line of their duty during the pending war; and any person claiming the benefit of this act shall present his application in the manner prescribed by the board of managers, and shall, if admitted, be subject to all of the rules and regulations of the institution so long as he remains an inmate thereof. He shall, at the time of his admittance, deposit with such person as may be designated by the board of managers, all certificates and other papers relating to his discharge from the service and entitling him to future pay or compensation from the Government as a retired or discharged officer, soldier, or seaman; which said pay or compensation shall, during the time of his continuance in the institution, be paid by the disbursing officer making such payments to the treasurer of the institution, and shall constitute a part of the general fund of the same, except so much thereof as the board of managers may direct to be paid, from time to time, to the person in whose right it is received.
• Sec. 4. Any beneficiary of said institution may discontinue his connection therewith at his option, and upon withdrawing from the same shall be entitled to withdraw also all certificates and other papers deposited by him at the time of his admittance, and shall be remitted to all the rights and benefits secured thereby.

On motion of Mr. Clapp, the communication was laid upon the table and ordered to be printed.

On motion of Mr. Jones, the communication of the President, received yesterday, submitting estimates of expenditure in the collection of the tithe, etc., was referred to the Committee on Ways and Means.

Mr. Boteler introduced

A joint resolution of thanks to the officers and men of Lomax's brigade;
which was read a first and second time.

The rule having been suspended requiring it to be referred to a committee, the joint resolution was engrossed, read a third time, and passed.

The title was read and agreed to.

Mr. Boteler also introduced

A joint resolution of thanks to the officers and men of the Seventh and Twelfth regiments of Virginia troops:
which was read a first and second time.

The rule having been suspended requiring it to be referred to a committee, the joint resolution was engrossed, read a third time, and passed.

The title was read and agreed to.

Mr. Chilton introduced

A joint resolution of thanks to the soldiers from the State of Alabama who have reenlisted for the war;
which was read a first and second time.

The rule having been suspended requiring it to be referred to a committee, the joint resolution was engrossed, read a third time, and passed.

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The title was read and agreed to.

Mr. Preston moved that the special order be postponed to enable him to make a report from the Committee on the Commissary and Quartermaster's Departments.

The motion prevailed.

Mr. Preston, from said committee, submitted a report; which was laid upon the table and ordered to be printed.

The House then proceeded to the consideration of the special order; which was the bill to facilitate the settlement of the claims of deceased officers and soldiers.

Mr. Clark moved to amend the first section by striking out, in line 7, the words "a salary ofdollars" and inserting in lieu thereof the words "the same compensation allowed by law to other auditors of the Treasury."

The amendment was agreed to.

Mr. Clark moved to amend same section, in line 9, by striking out the words "a salary ofdollars per annum" and inserting in lieu thereof the words "the salary allowed by law to the chief clerks in the offices of other auditors of the Treasury."

The amendment was agreed to.

Mr. Clark moved to amend the same section by inserting, in line 10, in the blank, the words "two thousand dollars."

Mr. Jones moved to amend the amendment by striking out the line 10, as follows: "and a register with the salary ofdollars per annum."

The amendment of Mr. Jones was lost, and the amendment of Mr. Clark was agreed to.

Mr. Clark submitted the following amendment; which was agreed to:

In section 1, line 11, fill up the blank with "one thousand five hundred dollars."

Mr. Gartrell submitted the following amendment:

Add at the end of section 1 the following proviso: "Provided, That no person shall be appointed under the provisions of this act who is liable to military service in the field,"

And demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 31 [32]
• Nays ... 30

Yeas: Arrington, Atkins, Barksdale, Bell, Boteler, Bridgers, Eli M. Bruce, Chambers, Chambliss, Chilton, Chrisman, Clopton, Conrow, Ewing, Funsten, Gaither, Gartrell, Goode, Hilton, Ingram, Kenan of North Carolina, Lander, Machen, McQueen, McRae, Menees, Preston, Pugh, Ralls, Strickland, Villeré, and Welsh.

Nays: Boyce, Clark, Conrad, Curry, Dargan, Davidson, Farrow, Foster, Garland, Graham, Hanly, Hartridge, Holcombe, Johnston, Lewis, Lyon, Lyons, Martin, McDowell, Miles, Miller, Munnerlyn, Russell, Sexton, Simpson, Smith of Alabama, Staples, Swan, Vest, and Wright of Texas.

So the amendment was agreed to.

Mr. Boudinot moved to amend the second section by inserting, in line 3, the words "and the Indian territories."

The amendment was agreed to.

Mr. Bridgers submitted the following amendment:

In section 2, lines 7 and 8, strike out the words "a citizen of the State represented by his division" and insert in lieu thereof the words "as well as the clerks under him shall be citizens of the State represented by such division."

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The amendment was agreed to.

Mr. Smith of North Carolina moved to amend the same section by inserting, in line 8, after the word "and," the words "the superintendent."

The amendment was agreed to.

Mr. Vest submitted the following amendment:

Strike out the whole of the second section as amended; which reads as follows, viz:

• "Sec. 2. Be it further enacted, That the office of the Fourth Auditor shall be divided into separate divisions of claims for each State and the Indian territories, with a superintendent for each division: Provided, That the claims for the States of Arkansas, Kentucky, Missouri, Maryland, and Tennessee shall be included in the division for Tennessee, and shall be under the charge of the superintendent for that State, and that each of said superintendents, as well as the clerks under him, shall be citizens of the State represented by such division, and the superintendent shall be selected with strict reference to his experience and qualifications in his department," and insert in lieu thereof the following, viz:
  • "Sec. 2. Be it further enacted, That the office of the Fourth Auditor shall be divided into separate divisions of claims for each State, with a superintendent for each division: Provided, That the claims for the States of Arkansas and Missouri, and for the territories, shall be included in one division, and the claims for the States of Kentucky and Tennessee in one division, and shall be under the charge of superintendents to be appointed from one of the States included in said divisions. Each superintendent and clerk appointed under the provisions of this act shall be a citizen of the State or territory represented by his division, or where more than one State constitutes a division, then of one of the States therein included, and the superintendent shall be selected with strict reference to his experience and qualifications in his department: Provided further, That claims from the State of Maryland shall be embraced in the division represented by the State of Virginia."

The amendment was agreed to.

Mr. Jones moved to amend the third section of the bill by striking out the word "War," in line 6, and inserting in lieu thereof the words "the Treasury."

The amendment was agreed to.

Mr. Baldwin moved to amend the same section by striking out the last proviso; which reads as follows, viz:
Provided further, That the claims when so settled shall not be subjected to reference, or the revision of any other officer of the Government whatever.

Pending which,

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

On which motion Mr. Jones demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 33
• Nays ... 30

Yeas: Atkins, Baldwin, Barksdale, Boteler, Boyce, Eli M. Bruce, Chambers, Chrisman, Clapp, Conrad, Conrow, Curry, Dargan, Ewing, Gartrell, Hartridge, Hilton, Holcombe, Johnston, Kenan of North Carolina, Lewis, Lyons, McDowell, McRae, Munnerlyn, Perkins, Pugh, Sexton, Swan, Vest, Villeré, Wright of Texas, and Mr. Speaker.

Nays: Arrington, Bell, Bridgers, Horatio W. Bruce, Chambliss, Chilton, Clopton, Collier, Davidson, Farrow, Foster, Funsten, Gaither, Garland, Hanly, Holder, Ingram, Jones, Machen, Martin, Menees, Miller, Preston, Ralls, Simpson, Singleton, Smith of North Carolina, Staples, Strickland, and Welsh.

So the motion prevailed, and

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

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

Mr. Speaker: The Senate have passed bills of the following titles, viz:

• S. 199. An act 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," approved October 9, 1862; and
• S. 226. An act to provide for retiring officers of the Army.

The Senate have passed, with amendments, a joint resolution of this House of the following title, viz:

• H. R. 39. Joint resolution of thanks to Hart's battery, Hampden's Legion, South Carolina Volunteers;

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

The Senate insist on their amendment to the bill of this House entitled

• H. R. 109. An act to increase the compensation of certain officers of the Treasury.

The Senate have concurred in the amendments of this House to the bill (S. 204) to provide and organize a general staff for armies in the field, to serve during the war.

Mr. Speaker: The Senate have passed, without amendment, a bill of this House of the following title, viz:

• H. R. 119. A bill to provide for holding elections for Representatives in the Congress of the Confederate States of America from the State of Arkansas.

They have also passed joint resolutions of the Senate of the following titles, viz:

• S. 31. Joint resolution of thanks to Commander John Taylor Wood and the officers and men under his command for daring and brilliant conduct; and
• S. 32. Joint resolution of thanks to the Fifteenth, Twenty-seventh, and Thirtieth regiments of North Carolina troops for their patriotic devotion in reenlisting for the war.

Mr. Speaker: The Senate insist on their amendments, disagreed to by this House, to the bill (H. R. 92) to tax, fund, and limit the currency, agree to the conference asked by the House upon the disagreeing votes of the two Houses thereon, and have appointed Mr. Hunter, Mr. Semmes, and Mr. Orr the said committee on their part.

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

• S. 179. An act 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;
• S. 29. Joint resolution of thanks to the troops reenlisting for the war from the State of Georgia;
• S. 30. Joint resolution of thanks to certain Virginia regiments who have reenlisted for the war;
• H. R. 37. Joint resolution of thanks to the officers and men of the Third Georgia Regiment;
• H. R. 36. Joint resolution of thanks to the officers and men of the Twenty-eighth and Thirteenth regiments of North Carolina troops;
• H. R. 40. Joint resolution of thanks to the Sixteenth Mississippi Regiment;
• H. R. 44. Joint resolution of thanks to the Forty-sixth and Fifty-fifth regiments of Tennessee Volunteers at Mobile;
• H. R. 35. Joint resolution of thanks to Virginia troops stationed at Drewry's Bluff;
• H. R. 38. Joint resolution of thanks to the officers and men of the Twenty-second Virginia Regiment; and
• H. R. 118. An act to authorize the purchase and publication of a digest of the laws of the Confederate States.

And the Speaker signed the same.

The Chair laid before the House a joint resolution entitled

• H. R. 39. Joint resolution of thanks to Hart's battery, Hampden's Legion, South Carolina Volunteers;
  which had been returned from the Senate with amendments.

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The amendments of the Senate were read and concurred in as follows, viz:

• 1. Strike out, in line 3, the word "Hampden's" and insert "Hampton."
• 2. Amend the title by striking out the word "Hampden's" and insert "Hampton."

The Chair laid before the House a Senate bill (S. 226) to provide for retiring officers of the Army; which was read a first and second time and referred to the Committee on Military Affairs.

Also, a Senate bill (S. 199) 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," approved October 9, 1862; which was read a first and second time and referred to the Committee on Military Affairs.

Also, a bill of the House (H. R. 109) to increase the compensation of certain officers of the Treasury; which had been returned from the Senate with a message that the Senate insist on their amendments.

Mr. Jones moved that the House adhere to its disagreement to the Senate's amendments.

The motion was lost.

Mr. Miles moved that the House insist on its disagreement to the amendments of the Senate, and tender to that body a committee of conference; which motion prevailed.

A message was received from the President, by Mr. Harrison, his Private Secretary, as follows, to wit:

To the honorable Speaker of the House of Representatives.

Mr. Speaker: On the 11th instant the President approved and signed the following act (H. R. 96) entitled "An act to authorize the issue of certificates for interest on the fifteen million loan."

Very respectfully, your obedient servant,

BURTON N. HARRISON,
Private Secretary.

Richmond, Va., February 13, 1864.

The Chair laid before the House a Senate joint resolution (S. 31) of thanks to Commander John Taylor Wood and the officers and men under his command for daring and brilliant conduct; which was read a first and second time, read a third time, and passed unanimously.

The title was read and agreed to.

Also, a Senate joint resolution (S. 32) of thanks to the Fifteenth, Twenty-seventh, and Thirtieth regiments of North Carolina troops for their patriotic devotion in reenlisting for the war; which was read a first and second time, read a third time, and passed unanimously.

The title was read and agreed to.

The Chair laid before the House the following communication from the President:

Richmond, Va., February 12, 1864.

To the Senate and House of Representatives:

I herewith transmit for your information a communication from the Secretary of War, covering copies of several additional "reports of General Beauregard, connected with the defense of Charleston."

JEFFERSON DAVIS.

The message 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. Bridgers moved that the House do now adjourn; which motion did not prevail, and

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The House, on motion of Mr. Boyce, took a recess till half past 7 o'clock.

Having reassembled, a message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:

Mr. Speaker: The Senate have passed, with amendments, a bill of this House (H. R. 114) to provide for increasing the price of the rations for sick and wounded soldiers in hospitals; in which amendments 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 10th instant, approve and sign a bill entitled

• S. 159. An act to authorize the appointment of an agent of the Post-Office Department, and such clerks as may be necessary, to carry on the postal service in the States west of the Mississippi River.

On the 11th instant the President approved and signed the following bills and joint resolution:

• S. 191. An act to amend an act entitled "An act to establish a volunteer navy," approved April 18, 1863;
• 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; and
• S. 22. Joint resolution for the benefit of Zedekiah McDaniel, of Kentucky, and Francis M. Ewing, of Mississippi.

The Chair laid before the House a bill (H. R. 114) to provide for increasing the price of the rations for sick and wounded soldiers in hospitals; which had been returned from the Senate with amendments.

The amendments having been read as follows, viz:

Strike out all after the enacting clause; which reads as follows:

"That from and after the passage of this act the price of the ration for sick and wounded soldiers in hospitals shall be fixed at two and a half dollars,"
and insert in lieu thereof the following:

"That the commutation value of rations of the sick and wounded and of all employees in hospitals be fixed at such rates, not to exceed two and a half dollars, as the Secretary of War shall designate."

Strike out the title and insert in lieu thereof "A bill to increase the commutation value of hospital rations,"

Mr. Farrow moved that the House concur in the amendments of the Senate; which motion prevailed.

Mr. Baldwin offered the following resolution; which was adopted, viz:

Resolved, That the Committee on the Judiciary be instructed to inquire and report at what time the term of service of the present session of Congress will expire, and whether any legislation is necessary to conform the legislative to the executive term.

A message was received from the Senate, by Mr. Nash, their Secretary, as follows, to wit:

Mr. Speaker: The Senate have passed, with amendments, a bill of this House (H. R. 107) to increase the efficiency of the Army by the employment of free negroes and slaves in certain capacities; in which amendments I am directed to request the concurrence of this House.

Mr. Miles moved to postpone the unfinished business for the purpose of taking up for consideration the bill just returned from the Senate; which motion prevailed.

Mr. Hilton moved that the rules be suspended for that purpose; which motion also prevailed, and the amendments of the Senate were read and concurred in as follows, viz:

• 1. In section 1, line 12, after the words "Secretary of War," insert "or the commanding general of the Trans-Mississippi Department."
• 2. In section 1, line 18, after the words "Secretary of War," insert "or the commanding general of the Trans-Mississippi Department."

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• 3. At the end of the third section add "Care being taken to allow in each case a credit for all slaves who have been already impressed under this act and who are still in service, or have died or been lost while in service, and all impressments under this act shall be taken in equal ratio from all owners in the same locality, city, county, or district."

The House then, on motion of Mr. Hilton, resolved itself into secret session; and having spent some time therein, resumed business in open session, and took up for consideration the unfinished business; which was the bill to facilitate the settlement of claims of deceased officers and soldiers.

The question being on the amendment of Mr. Baldwin,

It was decided in the affirmative.

Mr. Hanly moved to amend the fourth section of the bill by striking out, in line 2, the word "the" and the words "for each State," and inserting in lieu of the word "the" the word "each."

The amendment was agreed to.

Mr. Smith of North Carolina moved to strike out "etc.," in line 3, and insert in lieu thereof the word "papers."

The amendment was agreed to.

Mr. Baldwin moved to amend by inserting the word "necessary" between the words "the" and "rolls," in line 3.

The amendment was agreed to.

Mr. Clark moved to amend the same section by striking out after the word "division," in line 4, the words
and it shall be the duty of the Quartermaster-General to file the pay rolls received in his office in the office of the Fourth Auditor, to be used in the divisions for the States to which the troops so paid belong, as soon after the reception thereof as the business of his office will permit; and the superintendents of said divisions shall classify the same according to the companies, battalions, regiments, etc., from said State, and keep the same separately for such companies, battalions, etc., in order for convenient access thereto.

The amendment was agreed to.

Mr. Jones moved to amend the fifth section by striking out after the word "Auditor," in line 14, the words
and, for said purpose, the Fourth Auditor is hereby further authorized to send an agent for each State to the troops in the field from said State, and to whom transportation for this purpose shall be granted, to obtain from the various commanders final statements of deceased soldiers, and said lists, when so obtained, shall be taken and used as evidence in the settlement of claims: Provided, That where such can not be or have not been ascertained, the Fourth Auditor shall have and exercise the equitable discretionary power named in the third section of this act, the intent and meaning of which is to facilitate the settlement of the claims of deceased soldiers without delay.

Mr. Foster called the question; which was ordered, and the amendment of Mr. Jones was lost.

Mr. Ingram moved to amend the sixth section by striking out, in line 2, the words "by legislative enactment" and inserting in lieu thereof the words "either by its governor, by legislative enactment, or otherwise."

The amendment was agreed to.

Mr. Baldwin moved to amend the bill by striking out the whole of the sixth section; which reads as follows:

• Sec. 6. Be it further enacted, That where any State shall, by legislative enactment, cause the appointment of a special agent to adjust and settle the claims of its deceased soldiers, such agent shall have free access to investigate said claims at all times, shall be empowered to take and certify testimony as a judicial officer, and in case of immaterial omissions in forms of application, date of death, or other incorrect description,

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  where the substance and justice of the claim and the identity of the deceased and claimant are ascertained to the satisfaction of the superintendent of the State division, may, in conjunction with said superintendent, where both are agreed, supply the necessary points by mutual certificate to the Auditor, who may allow the same as sufficient evidence.

The amendment was lost.

Mr. Hanly moved to amend the seventh section by striking out the "etc.," in line 5, and inserting in lieu thereof the words "father or mother."

The amendment was agreed to.

Mr. Baldwin moved to amend the eighth section by striking out the following after the word "accounts," in line 3:
that they shall be made payable alone to the ascertained representative or his executor or administrator, and not to attorneys or other parties; but may be assigned by the claimant, in writing thereon, to any other individual.

The amendment was lost.

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 and joint resolutions of the following titles, viz:

• H. R. 111. A bill to be entitled "An act for the relief of Livingston Mims;"
• H. R. 29. Joint resolution for the relief of Maj. Henry R. Hooper;
• H. R. 48. Joint resolution of thanks to the soldiers from the State of Alabama who have reenlisted for the war;
• H. R. 49. Joint resolution of thanks to the officers and men of the Seventh and Twelfth regiments of Virginia troops; and
• H. R. 50. Joint resolution of thanks to the officers and men of Lomax's brigade.

Mr. Hanly moved to amend the bill by striking out the ninth section; which reads as follows, viz:

• Sec. 9. Be it further enacted, That the appointments, other than those at present employed in the settlement of these claims, shall be from persons not liable to conscription, and that said Auditor and his clerks shall hereafter be entirely exempt from military duty, except such as may be required in the preservation and defense of the public property in their charge.

Mr. Smith of North Carolina moved to amend the amendment of Mr. Hanly by striking out all after the word "conscription," in line 3.

The amendment to the amendment was agreed to, and the amendment of Mr. Hanly was also agreed to.

Mr. Perkins moved to amend the twelfth section by striking out, in line 4, the word "six" and inserting in lieu thereof the word "twelve."

The amendment was agreed to.

Mr. Smith of North Carolina moved to amend the bill by striking out the twelfth section; which reads as follows, viz:

• Sec. 12. Be it further enacted, That when it is proven that any officer or soldier was wounded and fell into the hands of the enemy and nothing has been heard from such wounded officer or soldier for six months, this fact shall be deemed sufficient to presume death at the time when wounded; and the claim shall be audited and paid as if the death had been returned by the proper officer.

Mr. Foster called the question; which was ordered, and the amendment of Mr. Smith was lost.

Mr. Perkins submitted the following amendment; which was agreed to, as an independent section:

• Sec. 13. That no person employed as auditor, register, agent, or clerk in the settling or auditing of claims under this act shall be, directly or indirectly [interested?], either as administrator, executor, attorney, or assignee, of any claim that may come before the Fourth Auditor for settlement.

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Mr. Conrow moved to amend the third section of the bill by striking out after the word "determined," in line 7, the words "and amend immaterial omissions or points of evidence when satisfied of the justice thereof" and insert in lieu thereof the words "all claims."

The amendment was agreed to.

Mr. Dargan called the question; which was ordered.

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

It was decided in the affirmative.

Mr. Foster called the question on the passage of the bill.

Mr. Jones demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 33
• Nays ... 21

Yeas: Atkins, Boteler, Bridgers, Eli M. Bruce, Horatio W. Bruce, Chambliss, Clark, Clopton, Conrad, Conrow, Davidson, Ewing, Farrow, Foster, Gaither, Gartrell, Goode, Hanly, Holder, Ingram, Kenan of North Carolina, Machen, Martin, McDowell, McQueen, Munnerlyn, Perkins, Ralls, Simpson, Singleton, Smith of North Carolina, Staples, and Strickland.

Nays: Baldwin, Chrisman, Clapp, Dargan, Funsten, Graham, Gray, Hartridge, Hilton, Johnston, Jones, Lander, Lewis, McRae, Miles, Pugh, Sexton, Vest, Villeré, Welsh, and Mr. Speaker.

So the bill was passed.

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

On motion of Mr. Atkins,

The House adjourned until Monday, 11 o'clock

SECRET SESSION.

The House being in secret session,

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

To the Senate and House of Representatives of the Confederate States of America:

I feel impelled, by the condition of the country, earnestly to recommend to your adoption the extension of the conscription already recommended in my annual message of the 7th December last, and to inform you that the preparations made by the enemy for the campaign of the present year warn us that our armies in the field must be reenforced to the utmost possible extent.

The agricultural interests of the country must be protected and fostered, or we shall be unable to raise the supplies necessary for the subsistence of the Army, as well as of the people at home. How is this to be done?

There is no possibility of affording adequate local protection by our armies in the field, which must of necessity be kept concentrated to resist the main columns of the invading forces of the enemy. Our farms and depots can only be protected from destructive raids by the men who remain at home engaged in mechanical, agricultural, and other pursuits.

There are but two modes of rendering these classes available for such purposes. One is by calling them out as militia. The other by enrolling them under Confederate authority. I propose, in a few words, to contrast these modes.

If those left at home are available only as militia, it will become necessary to make requisitions for them on the States, in advance of any pressing necessity for their services, because of the delays which are always involved in obtaining forces under such calls. When called out, it will naturally result that the men will be retained for long periods in the field or in camp, to be ready for emergencies, as they could not, if discharged, be promptly recalled when required. This method of using the reserves will tell with disastrous effect on our agriculture.

On the other hand, troops for local defense and special service, as organized under the act of 21st August, 1861, would afford the Commander in Chief the means of calling

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out the men embraced in such organizations at a moment's warning, and enable him, without imprudence, to dismiss them the moment the danger had disappeared. They would probably not be absent from the fields and workshops more than two or three weeks at a time, and there would thus be no serious interruption to the productive industry of the country. If the spirit which rendered volunteering so general among all classes of citizens at the beginning of the war were still prevalent, there would be no necessity for the proposed legislation, as the citizens would readily join the organizations provided in the law above mentioned. But as this is not the case, it is necessary that conscription for local defense should replace volunteering.

If Congress should decline to adopt this measure, which my sense of what is needed for the public defense forces me again to urge upon its attention, I am unable to perceive from what source we are to obtain the men necessary not only to repel raids, but to relieve the large number of able-bodied soldiers now detailed from the Army for local service in the States.

I trust that my conviction of the pressing necessity for this legislation in aid of the public defense will be received by Congress as a sufficient justification for this renewal of the recommendation contained in the message addressed to you at the commencement of the present session.

JEFFERSON DAVIS.

Richmond, Va., February 13, 1864.

Mr. Chambers offered the following resolution:

Resolved, That the message of the President be referred to the managers on the part of the House on the disagreeing votes of the two Houses on the bill of the Senate (S. 158) to organize forces to serve during the war, and that its recommendations be considered by them as advisory from the House on the subject treated of in the message.

Mr. Clapp moved to amend the resolution by striking out the words "and that its recommendations be considered by them as advisory from the House on the subject treated of in the message."

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

The resolution as amended was also agreed to.

A message was received from the Senate, by Mr. Nash, their Secretary, as follows:

Mr. Speaker: The Senate have concurred in the amendments of this House to the 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.

The Senate have passed, with amendments, a bill of this House of the following title, viz:

• H. R. 100. An act to continue in the service, for the war, all the troops now in the Provisional Army of the Confederate States;

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

The Chair laid before the House a bill of the House (H. R. 100) to continue in the service, for the war, all the troops now in the Provisional Army of the Confederate States; which had been returned from the Senate with sundry amendments.

The amendments having been read as follows, viz:

• 1. Strike out all after the enacting clause in the first section down to the last proviso and insert as follows:

  "That from and after the passage of this act all white men, residents of the Confederate States, between the ages of eighteen and fifty-five, shall be in the military service of the Confederate States for the war, including those who may hereafter reach the age of eighteen years: Provided, That nothing herein contained shall be construed to authorize the discharge of enlisted men who shall hereafter reach the age of forty-five years, or over, from service in the field."

• 2. At the end of the first section insert the words "if at the time of such organization said troops protested against being so organized."
• 3. Strike out all of the second section after the word "Army," in the eighth line.
• 4. Strike out sections 3 and 4 and insert in lieu thereof of the following:
  • "Sec. 3. That there shall be issued to every noncommissioned officer, musician, or private who may have an honorable discharge from the Army of the Confederate

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    Page 820 | Page image
    
    State a bond, drawing eight per cent interest, for a sum equal to the amount which he has been paid while in the service; and that said bonds shall bear even date with the discharge, and that the interest be payable annually, and that the amount of said bonds shall be payable in twenty years after date, and that said bonds and the interest accruing thereon shall only be payable to the original obligee during his life, and to his widow, children, or widow, children, or widowed mother after his death.

  • "Sec. 4. That to the widow, children, or widowed mother of any noncommissioned officer, musician, or private who shall die in service shall be issued a bond of like character and conditions, bearing date on the day of the death of the husband, father, or son: Provided, That the benefits of this act shall not inure to any noncommissioned officer, musician, or private who shall die while absent from his command without leave, or while in arrest for, or when convicted of, desertion."
• 5. Add the following independent sections:
  • "Sec. 5. That all persons between the ages of forty-five and fifty-five, not now in the service, shall enroll themselves within such time and at such place or places in their respective counties or parishes as may be prescribed by the President, and upon their failure to do so, the persons so failing shall be conscribed into the army in the field; and all details for provost and hospital guards, for commissary, quarter-master, and Niter Bureau agents, clerks, and guards, and for service in enforcing the conscript acts, and for all other purposes, except as hereinafter provided, shall be taken from those persons who are between the ages of forty-five and fifty-five, not now in the Army, and from those below the age of forty-five who are unfit for military service in the field by reason of physical disability, within thirty days from the passage of this act: Provided, That in the Trans-Mississippi Department the time for the enrollment aforesaid shall be sixty days: Provided further, That all the persons herein named between the ages of forty-five and fifty-five shall only be placed in the service to act as details as herein provided."
  • "Sec. 6. That no person shall be relieved from the operation of this law by reason of having been heretofore discharged from the Army, where no disability now exists, nor shall those who have furnished substitutes be any longer exempted by reason thereof: Provided, That no person who has heretofore been exempted on account of religious principles, and who has paid the tax levied to relieve him from that service, shall be conscribed under this act.
  • "Sec. 7. That all laws granting exemptions from military service be, and the same are hereby, repealed, and that hereafter none shall be exempt except the following:
    • "I. All who shall be held to be unfit for military service under the rules to be prescribed by the Secretary of War.
    • "II. The Vice-President of the Confederate States, the members of Congress and of the several State legislatures, and the officers thereof, and such other Confederate and State officers as the President or governors of the States, respectively, may declare to be necessary for the proper administration of the Confederate or State governments, as the case may be.
    • "III. Every minister of religion authorized to preach according to the rules of his sect, and who was on the tenth of April, eighteen hundred and sixty-two, and has been since in the regular discharge of his ministerial duties; superintendents of asylums of the deaf, dumb, and blind, and of the insane; one editor of each newspaper established and being published on the tenth of April, eighteen hundred and sixty-two, who was owner or editor of a newspaper at that date, and which has been so published regularly since that time, and such journeymen printers as such editor may, under oath, declare are indispensable for printing said newspaper; one skilled apothecary in each apothecary store, who was doing business as such apothecary on the tenth day of April, eighteen hundred and sixty-two, and who is now and has been doing business since that time; all physicians over the age of thirty-five years, who now are and for the last seven years have been in the actual and regular practice of their profession; teachers whose schools are composed of not less than twenty students, and who are now engaged and have been continuously engaged in teaching for two years next preceding the passage of this act: Provided, That where the occupations enumerated in this clause have been suspended by the invasion of the enemy, and have been resumed at the place of residence or at any other place, the persons herein mentioned shall still be entitled to exemption if, in other respects, meeting the requirements of this and other exemption acts.
    • "IV. For the police and management of slaves there shall be exempted one person on each farm or plantation the sole property of a minor, a person of unsound mind, a feme sole, or a person absent from home in the military or naval service of the Confederacy, on which there are twenty or more effective hands: Provided, The person so exempted was employed and acting as an overseer previous to the sixteenth of April, eighteen hundred and sixty-two, and there is no white male adult on

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      Page 821 | Page image
      
      said farm or plantation who is not liable to military duty, which facts shall be verified by the affidavits of said person and two respectable citizens, and shall be filed with the enrolling officer: And provided, The owner of such farm or plantation, his agent or legal representative, shall make affidavit and deliver the same to the enrolling officer, that, after diligent effort, no overseer can be procured for such farm or plantation not liable to military duty: Provided further, That this clause shall not extend to any farm or plantation on which the negroes have been placed by division from any other farm or plantation since the eleventh day of October, eighteen hundred and sixty-two: Provided further, That for every person exempted as aforesaid, and during the period of such exemption, there shall be paid annually into the public treasury by the owners of such slaves the sum of five hundred dollars: Provided further, That nothing herein contained shall be so construed as to prevent the President from detailing the owner of a plantation to oversee the same, upon the terms and in the cases where such owner would have the right to claim the exemption of an overseer to manage such plantation: Provided, That nothing herein contained shall be construed to repeal the act approved April fourteenth, eighteen hundred and sixty-three, entitled 'An act to exempt contractors for carrying the mails of the Confederate States and the drivers of post coaches and hacks from military service:' Provided further, That the exemptions herein granted shall only continue while the persons exempted hereby are actually engaged in their respective pursuits or occupations.

  • "Sec. 8. That the President be, and he is hereby, authorized to grant details, under general rules and regulations to be issued from the War Department, either from persons between forty-five and fifty-five years of age, or from the army in the field, in all cases where, in his judgment, justice, equity, and necessity require that he should make such details, and he may revoke such order of details whenever he may think proper: Provided, That the power herein granted to the President to make details and exemptions, under certain circumstances, shall not be construed to authorize the exemption or detail of any contractor for furnishing supplies to the Government, by reason of said contract, unless the head or secretary of the department shall certify that the personal services of said contractor are indispensable to the execution of the contract, and that the same is being carried out in good faith, and then never more than one person for each contract, or of the officers, clerks, agents, or employees of express companies.
  • "Sec. 9. That any quartermaster or assistant quartermaster, commissary or assistant commissary (other than those serving with brigades or regiments in the field), or officer in the Niter Bureau, provost-marshal, or enrolling officer who shall employ any person between the ages of eighteen and forty-five, who is liable to military duty in the field, as a clerk, agent, or in any other way, shall, upon conviction thereof by a court-martial or military court, be cashiered; and it shall be the duty of any department or district commander, upon proof, by the oath of any creditable person, that any quartermaster or assistant quartermaster, commissary or assistant commissary, or officer in the Niter Bureau, provost-marshal, or enrolling officer has violated this law, immediately to relieve said officer from his command and take prompt measures to have him tried for said offense; and any department or district commander who shall fail to do as required by this act as above stated shall, upon conviction thereof, be dismissed the service.
  • "Sec. 10. That nothing herein contained shall be construed to repeal any part of the act entitled 'An act to provide further for the public defense,' approved sixteenth of April, eighteen hundred and sixty-two, or of the act amendatory thereto, approved twenty-seventh of September, eighteen hundred and sixty-two, except as herein expressly provided for,"

Mr. Miles moved that the House refuse to concur in the amendments; which motion prevailed.

Mr. Chambers moved to reconsider the vote by which the amendment of Mr. Clapp to his resolution to refer the message of the President to the managers on the part of the House, in the committee of conference on the Army bill, was agreed to.

Mr. Hartridge called the question; which was ordered.

Upon which Mr. Chambers demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 35
• Nays ... 29

Yeas: Boteler, Horatio W. Bruce, Chambers, Chambliss, Conrad, Conrow, Curry, Dargan, De Jarnette, Ewing, Foster, Funsten, Gartrell,

Page 822 | Page image

Goode, Graham, Gray, Hartridge, Hilton, Ingram, Johnston, Lewis, Machen, McQueen, McRae, Miller, Perkins, Ralls, Sexton, Singleton, Staples, Strickland, Swan, Vest, Villeré, and Welsh.

Nays: Arrington, Ashe, Baldwin, Barksdale, Bell, Boyce, Bridgers, Eli M. Bruce, Chilton, Clapp, Clopton, Collier, Farrow, Gaither, Garland, Holder, Jones, Lyon, Lyons, Martin, Miles, Preston, Pugh, Russell, Simpson, Smith of Alabama, Smith of North Carolina, Wright of Texas, and Mr. Speaker.

So the motion to reconsider prevailed.

The question recurring on the amendment of Mr. Clapp,

Mr. Jones demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 30
• Nays ... 41

Yeas: Arrington, Ashe, Baldwin, Barksdale, Bell, Boyce, Bridgers, Horatio W. Bruce, Chilton, Clapp, Clopton, Collier, Curry, Davidson, Farrow, Gaither, Garland, Holder, Jones, Lyon, Lyons, Martin, McDowell, McLean, Menees, Miles, Pugh, Simpson, Smith of Alabama, and Smith of North Carolina.

Nays: Atkins, Boteler, Eli M. Bruce, Chambers, Chambliss, Chrisman, Clark, Conrad, Conrow, De Jarnette, Elliott, Ewing, Foster, Funsten, Gartrell, Goode, Graham, Gray, Hartridge, Hilton, Ingram, Johnston, Lander, Lewis, Machen, McQueen, McRae, Miller, Munnerlyn, Perkins, Preston, Ralls, Sexton, Singleton, Staples, Strickland, Swan, Vest, Villeré, Welsh, and Wright of Texas.

So the amendment was lost.

Mr. Hartridge called the question; which was ordered.

The question being on the resolution of Mr. Chambers,

It was decided in the affirmative.

Mr. Chilton moved that he be excused from serving as manager on the part of the House in the committee of conference on the disagreeing votes of the two Houses on the bill to organize forces to serve during the war.

Mr. Curry called the question; which was ordered, and the motion of Mr. Chilton did not prevail.

Mr. Machen moved that two new members be added to the managers on the part of the House at said conference.

Pending which,

Mr. Jones moved that the House resolve itself into open session.

The motion was lost.

The question recurring on the motion of Mr. Machen,

It was decided in the negative.

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

• H. R. 101. A bill making additional appropriations of secret service money; and
• H. R. 113. A bill to suspend the privilege of the writ of habeas corpus.

And the Speaker signed the same.

On motion of Mr. Swan,

The House resolved itself into open session.

Being again in secret session,

Page 823 | Page image

A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:

Mr. Speaker: The Senate have passed, with amendments, a bill of this House (H. R. 98) to levy additional taxes for the common defense and support of the Government; in which amendments I am directed to ask the concurrence of this House.

The Senate insist upon their amendments, disagreed to by this House, to the bill (H. R. 100) to continue in the service, for the war, all the troops now in the Provisional Army of the Confederate States, 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 managers at the same on their part.

Mr. Miles moved that the House insist on its disagreement to the amendments of the Senate to the bill of the House (H. R. 100) to continue in the service, for the war, all the troops now in the Provisional Army of the Confederate States, and agree to the conference asked for by that body; which motion prevailed, and

The Chair appointed Messrs. Chilton, Holcombe, and Swan managers on the part of the House at said conference.

The Chair laid before the House a bill of the House (H. R. 98) to levy additional taxes for the common defense and support of the Government; which had been returned from the Senate with sundry amendments.

The amendments having been read as follows, viz:

• 1. In section 1, line 11, strike out the word "five" and insert "two."
• 2. In section 1, line 15, strike out the word "ten" and insert "five."
• 3. In section 1, line 15, strike out all the first clause after the word "Provided" and insert "That from this tax on the value of property shall be deducted the value of the tax in kind derived therefrom, as assessed under the law imposing it, and delivered to the Government, and also the tax on income derived from said property, and which may be paid to the Government, and also the tax of one per cent imposed on moneys and credits by the tax act approved twenty-fourth April, eighteen hundred and sixty-three."
• 4. Add at the end of clause III, section 1, the words "except in case where land, slaves, cotton, or tobacco have been purchased since the first day of January, eighteen hundred and sixty-two, in which case the said land, slaves, cotton, and tobacco so sold shall be assessed at the price paid for the same by the owner."
• 5. In section 2, strike out clauses I and II.
• 6. In section 2, line 22, paragraph III, strike out the word "five" and insert "two."
• 7. In section 2, line 25, strike out all of paragraph IV after the word "assessed" and insert the words "in the year eighteen hundred and sixty."
• 8. In section 3, line 3, strike out the word "five" and insert "two."
• 9. In section 3, lines 3 and 4, paragraph I, strike out the words "to be assessed and collected in kind."
• 10. In section 3, line 7, strike out the word "five" and insert "two."
• 11. In section 3, strike out all of the second clause after the words "upon the," in line 10, and insert as follows: "amount of all solvent credits not employed in a business the income derived from which is taxed, and of all bank bills and all other paper used as currency, exclusive of Confederate Treasury notes, two per cent; and on all Treasury notes above the denomination of five dollars, except interest-bearing Treasury notes, twenty-five per cent, to be deducted from the face of said Treasury notes when presented for payment, or in payment of public dues, or for funding, and said tax shall attach to said Treasury notes wherever circulated."
• 12. Strike out all of section 4.
• 13. In section 5, line 4, strike out the word "five" and insert "two."
• 14. In section 6, lines 3 and 4, paragraph I, strike out the words "five hundred" and insert "two hundred and fifty." In section 6, lines, 22 and 23, strike out the words "for twelve months preceding the passage of this act."
• 15. In section 6, line 5, paragraph I, strike out the words "one hundred" and insert "fifty."
• 16. In section 6, lines 9 and 10, paragraph I, strike out the words "five hundred" and insert "two hundred and fifty."

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Page 824 | Page image



• 17. In section 6, line 15, paragraph II, strike out the word "two" and insert "one."
• 18. In section 6, line 19, paragraph III, strike out the word "two" and insert "one."
• 19. In section 7, line 1, after "eighteen hundred and sixty-four" insert "except those laid by the tax act approved twenty-fourth of April, eighteen hundred and sixty-three."
• 20. In section 7, line 2, strike out the words "as on the day of the passage of this act" and insert "on the first day of April, in the year eighteen hundred and sixty-four."
• 21. In section 7, line 3, strike out the word "May" and insert "July."
• 22. In section 7, strike out lines 6, 7, and 8, down to and including the word "next," in line 8.
• 23. In section 7, line 8, strike out all after "Provided" and insert "That the collection of the tax of two per cent on the value of property employed in agriculture shall be suspended until the value of the tax in kind for the year eighteen hundred and sixty-four shall be assessed and ascertained."
• 24. Strike out section 8.
• 25. Add the following independent section.

  "Sec. --. That the taxes for the year eighteen hundred and sixty-four shall be paid in exchequer notes only: Provided, That the taxes due under the tax act of twenty-fourth April, eighteen hundred and sixty-three, prior to the passage of this act, may be paid in Treasury notes,"

Mr. Baldwin moved to suspend the rules for the purpose of considering all of the amendments of the Senate together; which motion prevailed.

And the question being on concurring in the amendments of the Senate,

It was decided in the negative.

The House then, on motion of Mr. Miles, resolved itself into open session; and being again in secret session,

A message was received from the Senate, by Mr. Nash, their Secretary, as follows, viz:

Mr. Speaker: The Senate insist upon their amendments, disagreed to by this House, to the bill (H. R. 98) to lay additional taxes for the common defense and support of the Government, ask a committee of conference on the disagreeing votes of the two Houses thereon, and have appointed Mr. Hunter, Mr. Semmes, and Mr. Orr the managers on their part at the same.

Mr. Jones moved to lay the bill and amendments on the table; which motion was lost.

Mr. Conrad moved that the House insist upon its disagreement to the Senate amendments and agree to the conference asked for by that body; which motion prevailed, and

The Speaker appointed Messrs. Baldwin, Lyon, Conrad, Boyce, and Lewis managers on the part of the House at said conference.

The House then,

On motion of Mr. Singleton,

Resolved itself into open session.

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