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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 --TWENTY-SECOND DAY--SATURDAY, February 7, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Crumly.
A message was received from the Senate, by their Secretary, Mr. Nash; which is as follows, viz:
Mr. Speaker: The Senate have passed bills of the following titles, viz:
In which I am directed to ask the concurrence of this House.
Mr. Miles, by consent, from the Committee on Military Affairs, to which was referred messages of the President in relation to the findings of courts-martial for desertion, etc., and to the examination and appointment of ordnance officers, etc., reported the same back, with the recommendation that they be printed and lie upon the table; which was agreed to.
Mr. Chilton, by consent, introduced
A bill to be entitled "An act to prevent frauds in the Quartermaster's and Commissary Departments, and the obtaining, under false pretenses, transportation for private property;"
which was read the first and second times, ordered to be printed, and referred to the Committee on the Quartermaster's and Commissary Departments and Military Transportation.
Mr. Gartrell presented the memorial and claim of Brown, Fleming & Co., of Atlanta, Ga., for sugar destroyed by the Government; which was referred to the Committee on Claims, without being read.
Mr. Foote moved that the House resolve itself into secret session.
The motion was lost.
Mr. Holcombe moved that the rules be suspended and the House proceed to the consideration of
A bill to authorize and regulate impressments of private property for the use of the Army and other military purposes.
The motion was lost.
On motion of Mr. Foote,
The House resolved itself into secret session; and having spent some time therein, again resolved itself into open session.
The Chair laid before the House a communication from the President; which is as follows, viz:
To the House of Representatives of the Confederate States:
I have this day received the following resolution:
"Resolved, That the President be requested to inform this House whether private property of citizens not in the Army has been seized and confiscated by his order or not; and if it has been, for what offense and under what law such seizure and confiscation have been ordered;"
And reply that no private property of citizens, either in or not in the Army, has been seized and confiscated by my order.
JEFFERSON DAVIS.
Executive Office,
Richmond, February 7, 1863.
which was read, ordered to be printed, and laid upon the table.
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The Chair also laid before the House a communication from the President; which is as follows, viz:
Richmond, Va., February 7, 1863.
To the Senate and House of Representatives:
I herewith transmit a communication from the Secretary of War, covering an estimate of the amount required for the remuneration of additional clerks in the War Department.
I recommend an appropriation of the amount and for the purpose specified.
JEFFERSON DAVIS.
which was read and, with its accompanying documents, ordered to be printed and referred to the Committee on Ways and Means.
The Chair laid before the House a bill of the Senate entitled "A bill to be entitled 'An act relating to appeals from the Commissioner of Patents;'" which was read the first and second times and referred to the Committee on Patents.
Also, a bill of the Senate to be entitled "An act to authorize the Commissioner of Patents to purchase books for the library of the Patent Office;" which was read the first and second times and referred to the Committee on Patents.
Mr. Jones of Tennessee, by the unanimous consent of the House, offered the following preamble and resolutions, viz:
Whereas the Constitution of the Confederate States provides that "Representatives and direct taxes shall be apportioned among the several States which may be included within this Confederacy according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those held [bound] to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall by law direct."--Constitution, Art. I, sec. 2, par. 3.
And whereas the Constitution also provides that "No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken."--Constitution, Art. I, sec. 9, par. 5: Therefore,
Resolved, That Congress has no power to lay a direct tax until the census shall have been first taken as directed by the Constitution.
Resolved, That until the census shall have been taken, Congress has ample powers of taxing property, privileges, licenses, corporations, vocations, incomes, and all other subjects of taxation under that provision of the Constitution which declares that "Congress shall have power to lay and collect taxes, duties, imposts, and excises for revenue necessary to pay the debts, provide for the common defense, and carry on the Government of the Confederate States."--Constitution, Art. I, sec. 8, par. 1;
which were read, ordered to be printed, and laid upon the table.
Mr. Chambers, by consent, introduced
A bill to be entitled "An act to authorize the issue of bonds to subscribers to the produce loans in certain cases;"
which was read the first and second times and referred to the Committee on Claims.
On motion of Mr. Read,
The House adjourned until 12 o'clock on Monday.
SECRET SESSION.
The House being in secret session, resumed the consideration of the unfinished business of the last secret session; which was the consideration of the motion of Mr. Baldwin to postpone indefinitely the further consideration of joint resolutions on the pending war, and matters appertaining thereto, and sundry amendments to the same.
Mr. Chambers, from the Committee on Enrolled Bills, reported as correctly engrossed and enrolled
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A bill to provide for transportation of persons who have been mustered into the service for the war.
And the Speaker signed the name.
A message was received from the President, by the hands of his Private Secretary, Mr. Harrison, notifying the House that the President had to-day approved and signed
An act to provide for transportation of persons who have been mustered into the service for the war.
The Chair laid before the House a message from the President; which is as follows, to wit:
Richmond, Va., February 7, 1863.
To the Senate and House of Representatives:
I herewith transmit for your consideration [in secret session] a communication from the Secretary of the Treasury, submitting an estimate of the amount required to carry into effect the act entitled "An act to authorize a foreign loan."
I recommend an appropriation of the amount and for the purpose specified.
JEFFERSON DAVIS.
On motion, the message and accompanying documents were referred to the Committee on Ways and Means.
The Chair laid before the House a message from the President; which is as follows, to wit:
To the House of Representatives of the Confederate States:
In reply to your resolution of the 28th ultimo, I herewith transmit a letter from the Secretary of the Navy, in which will be found a partial answer to the inquiries submitted. It contains full information in relation to the number of vessels, their cost and mode of payment, with a reference to laws conferring authority for what has been done.
I have not deemed it proper to communicate the names of officers employed abroad, and still less the names of contractors in foreign countries, for the obvious reason that to do so would endanger the execution of the works undertaken, and for the paramount consideration that to reveal the names of parties who have contracted abroad with us, would subject them to the penalties imposed by the laws of their own country, and to violate the faith, at least impliedly, given to them when they entered into contracts with the officers of our Government.
From such considerations, while the reports of the Secretary of the Navy made to this and previous sessions of Congress endeavored to give the fullest information in the relation to the operations of the Department, executed or to be executed within the limits of our country, those in foreign countries were stated with the reservation of whatever might be injurious to the public interest, or to persons who encountered hazards to render us service.
The laws and resolutions to which reference is made as giving authority for the construction of vessels abroad of a necessity contemplated their execution in places where the laws would forbid any subject or citizen being a party to the transaction, and, therefore, implied so much of secrecy as would be inconsistent with the exhibition of contracts and the exposure of the names of contractors, at least until time should have removed them from the danger of prosecution or damages.
Although these considerations do not apply so strongly to a communication made in secret session, the objections still remain that the danger of the parties is increased by the multiplication of authentic papers, any one of which would furnish conclusive proof against them, a hazard which it is fair to presume they would be unwilling to incur, and which if known to them might have prevented their consent to the contract.
I trust that the House will find in the above-stated reasons a justification for withholding fuller information than is contained in this message and the accompanying letter of the Secretary of the Navy.
JEFFERSON DAVIS.
On motion, the message and accompanying documents were referred to the Committee on Naval Affairs.
And the House,
On motion of Mr. Read,
Resolved itself into open session.
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