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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-SIXTH DAY--FRIDAY, March 20, 1863.
OPEN SESSION.
The House met pursuant to adjournment.
The Chair laid before the House a bill of the Senate entitled "An act to organize the Supreme Court of the Confederate States;" which was read the first and second times and referred to the Committee on the Judiciary.
On motion of Mr. Gardenhire, leave of absence was granted to Mr. Tibbs, on account of illness.
Mr. Wilcox moved that the House resolve itself into secret session.
On the vote being taken, it appearing that no quorum was present,
Mr. McQueen moved a call of the House; which was ordered, and the following members answered to their names, viz:
Arrington, Atkins, Baldwin, Boteler, Boyce, Horatio W. Bruce, Burnett, Chambliss, Chilton, Clopton, Collier, Curry, Dargan, Davidson, Farrow, Foster, Gardenhire, Gartrell, Goode, Hanly, Hartridge, Heiskell, Hilton, Jones, Kenner, Marshall, McDowell, McLean, McQueen, Menees, Miles, Moore, Munnerlyn, Perkins, Pugh, Ralls, Royston, Russell, Simpson, Swan, Trippe, Villeré, Welsh, Wilcox, and Mr. Speaker.
Mr. Chambliss moved that all further proceedings under the call be dispensed with.
Mr. Jones demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Ashe, Atkins, Boteler, Boyce, Burnett, Chambers, Chambliss, Chilton, Clopton, Collier, Curry, Dargan, Davidson, Foote, Foster, Freeman, Gartrell, Goode, Graham, Gray, Hanly, Harris, Hartridge, Heiskell, Hilton, Hodge, Holcombe, Kenner, Lyon, Marshall, McDowell, McLean, McRae, Menees, Moore, Perkins, Pugh, Read, Sexton, Simpson, Welsh, and Wright of Tennessee.
Nays: Baldwin, Farrow, Gardenhire, Jones, McQueen, Miles, Munnerlyn, Ralls, Royston, Swan, Trippe, Villeré, Wilcox, Wright of Texas, and Mr. Speaker.
So all further proceedings under the call were dispensed with, and the motion to go into secret session was agreed to.
The House having spent some time therein, again resolved itself into open session.
On motion of Mr. Machen, leave of absence was granted to Mr. E. M. Bruce, on account of sickness in his family.
On motion of Mr. Royston, leave of absence was granted to Mr. Batson.
On motion of Mr. Chambliss,
The House adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session, went into Committee of the Whole, Mr. Chilton in the chair, on a bill to lay taxes for the common defense and to carry on the Government of the Confederate States; and having spent some time therein, the committee rose and, through
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their Chairman, reported the bill back to the House, with the recommendation that it pass with sundry amendments.
And the bill having been read as follows, to wit:a
[Note a: a The bill is not recorded in the Journal.]
Mr. Baldwin moved that the further consideration of the bill and amendments be postponed until Monday next.
The motion was lost.
Mr. Jones moved that the rules be suspended to enable him to introduce a resolution limiting debate.
The motion prevailed, and
Mr. Jones moved that all speeches upon the pending bill and amendments be limited to five minutes.
The motion was agreed to.
And the question being upon agreeing to the first amendment of the committee, which was to insert after the enacting clause the following words, to wit:
That a tax of ten per centum shall be levied and collected upon the value of all naval stores, cotton, tobacco, and other agricultural products not owned by the producers and,
The same was agreed to.
And the question being upon agreeing to the second amendment of the committee, which was to strike out, in the first section, the word "one" and to insert in lieu thereof the word "two,"
Mr. Goode demanded the yeas and nays thereon; which were ordered.
Mr. Crockett asked leave to be excused from voting on the bill and amendments.
The House refused to grant the leave.
Mr. Harris asked leave to be excused from voting on the bill and amendments.
The House refused to grant the leave.
And the yeas and nays ordered by the House on agreeing to the second amendment of the committee were recorded,
Yeas: Baldwin, Boteler, Burnett, Chambliss, Chilton, Crockett, Curry, Ewing, Farrow, Garland, Gray, Harris, Hartridge, Heiskell, Holcombe, Kenner, McRae, Miles, Moore, Read, Simpson, Singleton, and Trippe.
Nays: Arrington, Ashe, Atkins, Barksdale, Boyce, Breckinridge, Bridgers, Horatio W. Bruce, Chambers, Clapp, Clopton, Collier, Conrad, Conrow, Dargan, Davidson, De Jarnette, Dupré, Foote, Foster, Gardenhire, Garnett, Gartrell, Goode, Graham, Hanly, Herbert, Hilton, Hodge, Jones, Kenan of North Carolina, Lyon, Machen, Marshall, McDowell, McLean, McQueen, Menees, Munnerlyn, Pugh, Ralls, Royston, Russell, Sexton, Smith of Alabama, Strickland, Swan, Villeré, Welsh, Wilcox, Wright of Tennessee, Wright of Texas, and Mr. Speaker.
So the amendment was lost.
Mr. Arrington moved to strike out the word "one," in the original bill, and to insert in lieu thereof the words "one-half."
Mr. Read moved to amend the amendment of Mr. Arrington by striking out the same and inserting in lieu thereof the [words] "one and a half," and demanded the question.
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The Speaker ruled the call for the question out of order, it not being competent under the rule for a member making a speech or motion to demand the question.
From which decision Mr. Read appealed.
And the question being,
Shall the decision of the Chair stand as the judgment of the House?
The same was decided in the affirmative.
And the question recurring upon agreeing to the amendment of Mr. Read to the amendment of Mr. Arrington,
Mr. Strickland demanded the yeas and nays thereon;
Which were ordered,
Yeas: Atkins, Baldwin, Boteler, Burnett, Chambliss, Chilton, Clapp, Conrad, Conrow, Crockett, Curry, De Jarnette, Ewing, Farrow, Foote, Gardenhire, Goode, Gray, Hartridge, Heiskell, Hodge, Holcombe, Kenner, Lyon, Machen, Marshall, McRae, Miles, Moore, Perkins, Ralls, Read, Royston, Russell, Sexton, Simpson, Singleton, Trippe, Welsh, and Wilcox.
Nays: Arrington, Ashe, Barksdale, Boyce, Breckinridge, Bridgers, Horatio W. Bruce, Chambers, Clopton, Collier, Davidson, Dupré, Foster, Garnett, Gartrell, Graham, Hanly, Herbert, Hilton, Jones, Kenan of North Carolina, McDowell, McLean, McQueen, Menees, Munnerlyn, Pugh, Smith of Alabama, Strickland, Swan, Villeré, Wright of Tennessee, Wright of Texas, and Mr. Speaker.
So the amendment to the amendment was agreed to.
And the question recurring upon agreeing to the amendment as amended,
Mr. Atkins demanded the yeas and nays thereon;
Which were ordered,
Yeas: Baldwin, Boteler, Burnett, Chambliss, Chilton, Conrow, Crockett, Curry, Dargan, Ewing, Farrow, Garland, Harris, Hartridge, Heiskell, Hodge, Holcombe, Kenner, Lyon, McRae, Miles, Moore, Perkins, Read, Simpson, Singleton, Smith of North Carolina, Trippe, Welsh, and Wilcox.
Nays: Arrington, Ashe, Atkins, Barksdale, Boyce, Breckinridge, Bridgers, Horatio W. Bruce, Chambers, Clapp, Clopton, Collier, Conrad, Davidson, De Jarnette, Dupré, Elliott, Foote, Foster, Gardenhire, Garnett, Gartrell, Goode, Graham, Hanly, Herbert, Hilton, Jones, Kenan of North Carolina, Machen, Marshall, McDowell, McLean, McQueen, Menees, Munnerlyn, Pugh, Ralls, Royston, Russell, Sexton, Smith of Alabama, Strickland, Swan, Villeré, Wright of Tennessee, Wright of Texas, and Mr. Speaker.
So the amendment as amended was lost.
And the question being on agreeing to the third amendment of the committee, which was to insert after the word "held," in the first section, the words
within the Confederate States, and the personal property, moneys, and credits of all citizens of the Confederate States held without the Confederate States: Provided, That this tax shall not be collected on such property held abroad as may have been seized or sequestrated by the enemy,
The same was agreed to.
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And the question being upon agreeing to the fourth amendment of the committee, which was to strike out the word "licensed," in the first section,
The same was agreed to.
And the question being upon agreeing to the fifth amendment of the committee, which was to insert after the word "business," in the first section, the words "taxed under this act,"
The same was agreed to.
And the question being upon agreeing to the sixth amendment of the committee, which was to add at the end of the first section the following words, to wit:
Provided, That no tax shall be imposed by virtue of this section after a census of the Confederacy shall be taken, nor after the expiration of three years from the first meeting of the present Congress,
Mr. Chilton moved to lay the amendment on the table.
Upon which Mr. Jones demanded the yeas and nays; which were not ordered, and the motion to lay on the table did not prevail.
Mr. Perkins moved to amend the amendment of the committee by adding thereto the following words, to wit:
Provided further, That if any of the taxes hereby imposed and collected shall be held to be derived from objects of taxation subject alone to direct taxation, a separate account thereof, showing in what State collected, shall be kept by the Secretary of the Treasury for future apportionment under the census when taken, according to the Constitution.
The amendment was lost.
Mr. Conrad moved to amend the amendment of the committee by inserting after the word "tax" the words "on real estate or slaves."
The amendment was lost.
And the question recurring upon agreeing to the amendment of the committee,
Mr. Gray demanded the yeas and nays thereon;
Which were ordered,
Yeas: Ashe, Barksdale, Boteler, Horatio W. Bruce, Burnett, Chambliss, Clapp, Clopton, Conrad, Conrow, Crockett, Curry, Elliott, Ewing, Foote, Gardenhire, Garland, Gartrell, Goode, Hartridge, Hilton, Holcombe, Kenner, Machen, McDowell, McRae, Miles, Munnerlyn, Ralls, Read, Russell, Singleton, Trippe, Welsh, and Mr. Speaker.
Nays: Arrington, Atkins, Boyce, Bridgers, Chambers, Chilton, Collier, Davidson, Dupré, Farrow, Foster, Garnett, Graham, Gray, Hanly, Heiskell, Herbert, Hodge, Jones, Kenan of North Carolina, Lyon, Marshall, McLean, McQueen, Menees, Moore, Perkins, Pugh, Royston, Sexton, Simpson, Smith of North Carolina, Strickland, Villeré, Wilcox, and Wright of Tennessee.
So the amendment of the committee was lost.
Mr. Lyon moved to reconsider the vote by which the amendment of the committee was lost, and demanded the yeas and nays thereon;
[Which were ordered,]
Yeas: Ashe, Atkins, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Burnett, Chambliss, Clapp, Clopton, Conrad, Conrow, Crockett,
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Curry, Ewing, Foote, Gardenhire, Garland, Gartrell, Goode, Hartridge, Herbert, Hilton, Holcombe, Kenner, Lyon, Machen, McDowell, McRae, Miles, Moore, Munnerlyn, Ralls, Read, Russell, Sexton, Singleton, Strickland, Trippe, and Welsh.
Nays: Arrington, Boyce, Chambers, Chilton, Collier, Davidson, Farrow, Foster, Garnett, Graham, Gray, Hanly, Heiskell, Hodge, Jones, Kenan of North Carolina, Marshall, McLean, McQueen, Menees, Perkins, Pugh, Royston, Simpson, Smith of North Carolina, Villeré, Wilcox, Wright of Tennessee, and Wright of Texas.
So the motion to reconsider prevailed.
Mr. Jones moved to amend the amendment of the committee by striking out the whole of the same and inserting in lieu thereof the words
Provided, That this section shall be inoperative after the eighteenth day of February, eighteen hundred and sixty-five.
The amendment was lost.
Mr. Perkins moved to amend the amendment of the committee by striking out the whole of the same and inserting in lieu thereof the following, to wit:
Provided, That any direct tax which may be collected under this section shall be laid in proportion to the census or enumeration directed to be taken by section two of article one of the Constitution.
And demanded the yeas and nays thereon;
Which were ordered,
Yeas: Boyce, Chambers, Chambliss, Clapp, Curry, Dupré, Farrow, Foster, Hanly, Hartridge, Herbert, Hilton, Marshall, McQueen, Perkins, Pugh, Simpson, Swan, Trippe, and Villeré.
Nays: Arrington, Ashe, Atkins, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Burnett, Chilton, Clopton, Collier, Conrad, Conrow, Crockett, Dargan, Davidson, Elliott, Ewing, Foote, Gardenhire, Garland, Gartrell, Graham, Heiskell, Holcombe, Kenan of North Carolina, Kenner, Lyon, Machen, McDowell, McLean, McRae, Menees, Miles, Moore, Munnerlyn, Ralls, Read, Royston, Russell, Singleton, Smith of North Carolina, Strickland, Welsh, Wilcox, and Wright of Tennessee.
So the amendment was lost.
And the question recurring upon agreeing to the amendment of the committee,
Mr. Jones demanded the yeas and nays thereon;
Which were ordered,
Yeas: Ashe, Barksdale, Boteler, Horatio W. Bruce, Burnett, Chambliss, Chilton, Clapp, Clopton, Conrad, Conrow, Crockett, Curry, Elliott, Ewing, Foote, Gardenhire, Garland, Gartrell, Goode, Hartridge, Hilton, Holcombe, Kenner, Lyon, Machen, McDowell, McRae, Miles, Moore, Munnerlyn, Read, Russell, Singleton, Strickland, Trippe, and Welsh.
Nays: Arrington, Atkins, Boyce, Bridgers, Chambers, Collier, Dargan, Davidson, Dupré, Farrow, Foster, Gray, Hanly, Heiskell, Herbert, Hodge, Jones, Kenan of North Carolina, Marshall, McLean, McQueen, Menees, Perkins, Pugh, Ralls, Royston, Simpson, Smith of
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North Carolina, Swan, Villeré, Wilcox, Wright of Tennessee, and Wright of Texas.
So the amendment of the committee was agreed to.
And the question being upon agreeing to the seventh amendment of the committee, which was to add at the end of the last amendment the following words, to wit:
Upon all ginned cotton the growth of the present year, a tax of four cents per pound, if not more than one bale of five hundred pounds per hand is grown, and a tax of eight cents per pound for all cotton in excess of the above quantity. And a tax of five cents per pound on all unmanufactured tobacco of five hundred pounds per hand, the growth of the present year, and on all tobacco in excess of the above quantity, a tax of eight cents per pound,
Mr. Herbert moved to amend the same by striking out the word "four" and inserting in lieu thereof the word "two."
Upon which he demanded the yeas and nays;
Which were ordered,
Yeas: Arrington, Boyce, Farrow, Gray, Herbert, Perkins, Simpson, Wright of Texas, and Mr. Speaker.
Nays: Ashe, Atkins, Barksdale, Boteler, Bridgers, Horatio W. Bruce, Burnett, Chambers, Chambliss, Chilton, Clapp, Clopton, Collier, Conrad, Conrow, Crockett, Curry, Davidson, Dupré, Elliott, Ewing, Foote, Foster, Gardenhire, Garland, Garnett, Gartrell, Goode, Hanly, Hartridge, Heiskell, Hilton, Holcombe, Jones, Kenan of North Carolina, Kenner, Lyon, Machen, Marshall, McDowell, McLean, McQueen, McRae, Menees, Miles, Munnerlyn, Pugh, Ralls, Read, Royston, Russell, Singleton, Smith of North Carolina, Strickland, Swan, Trippe, Villeré, Welsh, Wilcox, and Wright of Tennessee.
So the amendment was lost.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly engrossed and enrolled
A bill for the funding and further issue of Treasury notes.
And the Speaker signed the same.
Mr. Ralls moved to amend the amendment of the committee by striking out the whole of the same and inserting in lieu thereof the following, to wit:
On all seed cotton the growth of the present year, a tax of one cent per pound, and upon all tobacco in the leaf the growth of the present year, a tax of five cents per pound: Provided, That if more than fifteen hundred pounds of seed cotton per hand be grown, the tax shall be two cents per pound, and if more than five hundred pounds of tobacco be grown per hand, then the tax shall be ten cents per pound: Provided further, That one hundred pounds of seed cotton for each member of the family growing such cotton shall not be taxed.
Mr. Curry called for a division of the question; which was agreed to.
And the question being upon agreeing to the first part of the amendment of Mr. Ralls for the amendment of the committee,
The same was agreed to.
And the question being upon agreeing to the second part thereof,
Mr. Herbert demanded the yeas and nays;
Which are recorded,
Yeas: Barksdale, Bridgers, Conrad, Crockett, Davidson, De Jarnette, Dupré, Elliott, Farrow, Foote, Gardenhire, Hartridge, Heiskell, Kenan
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of North Carolina, Lyon, McLean, McRae, Miles, Munnerlyn, Ralls, Read, Strickland, Swan, Trippe, Villeré, and Welsh.
Nays: Arrington, Ashe, Atkins, Baldwin, Horatio W. Bruce, Burnett, Chambers, Chambliss, Chilton, Clopton, Collier, Conrow, Curry, Dargan, Ewing, Foster, Garland, Garnett, Goode, Graham, Gray, Hanly, Herbert, Hodge, Jones, Kenner, Machen, Marshall, McQueen, Moore, Perkins, Pugh, Royston, Russell, Sexton, Simpson, Singleton, Smith of North Carolina, Wilcox, Wright of Tennessee, Wright of Texas, and Mr. Speaker.
So the second part of the amendment was lost.
And the question being upon agreeing to the third part,
The same was agreed to.
And on motion of Mr. Swan,
The House went into open session.
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