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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 --SEVENTIETH DAY--TUESDAY, January 31, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Hoge.
The Chair laid before the House a message from the President, returning the bill (S. 130) "to authorize newspapers to be mailed to soldiers free of postage" with his objections; which was read as follows, viz:
To the Senate of the Confederate States of America:
I return to your honorable body, without my approval, an act which originated in the Senate, entitled "An act to authorize newspapers to be mailed to soldiers free of postage."
The act provides "that all newspapers directed to any officer, musician, or private engaged in the actual service of the Confederate States may be transmitted through the mails free of postage."
The Constitution, Article I, section 8, clause 7, gives power to Congress "To establish post-offices and post-routes; but the expenses of the Post-Office Department, after the first day of March, in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues."
This provision that the Post-Office Department shall be self-sustaining was not contained in the Constitution of our former Government. It is important that its spirit and object should be correctly determined now, because many members of the present Congress were also members of the Provisional Congress which adopted this new clause, and legislation by them will be deemed hereafter to possess peculiar value as a precedent and as a contemporaneous interpretation of the Constitution by those best acquainted with its meaning.
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It was generally understood that the clause under consideration was intended by its framers to correct what were deemed to be two great vices that had been developed in the postal system of the United States. The first was the injustice of taxing the whole people for the expense of the mail facilities afforded to individuals, and the remedy devised was to limit the Government to the furnishing of the machinery for carrying the mails, and compelling those who might use the facilities thus furnished to pay the expense thereof.
The second evil against which this clause was intended as a safeguard was the wasteful extravagance which grew out of the franking privilege, with its attendant abuses of large contracts for stationery, printing, binding, etc., and increased Government patronage with its train of corrupting influences.
With this knowledge of the purpose of the framers of the Constitution, and of the evils against which they intended to provide by the clause under consideration, I can not escape the conclusion that to authorize the transmission of any mail matter free of postage is to violate the true intent and meaning of the Constitution.
If the act now before me should become a law the Postmaster-General would be bound to pay railroads and other carriers for conveying newspapers to the armies without reimbursement from any source whatever. He could not be repaid out of the general Treasury without a violation of the letter of the Constitution; nor out of the other revenues of his Department without in effect imposing on those who pay for carrying their own correspondence an additional charge to defray the cost of conveying newspapers for others.
If it be competent for Congress under this clause to order newspapers to be carried free of postage, the power exists to order free transmission of any other mail matter. But we must ever remember that Congress can exercise no implied powers, certainly none not necessary to carry into effect the powers expressly granted; and where shall we find in the Constitution any power in the Confederate Government, expressed or implied, for dividing either the people or the public servants into classes unequally burthened with postal charges?
In that part of the Constitution which specially treats of the burthen of taxation every precaution has been taken to secure uniformity and to guard against bounties or preferences of any kind, and although not directly applicable to the subject of postage, the spirit of the whole provision is so opposed to inequality in legislation that the passage may well serve for illustration. The first clause of Article I, section 8, gives to Congress the 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; but no bounties shall be granted from the Treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry: and all duties, imposts, and excises shall be uniform throughout the Confederate States."
It is true that the payment of postage is not properly a tax, but compensation for service rendered; yet it would scarcely he ingenuous to deny that so to regulate the rates of postage as to produce an excess of receipts over the expenses of carrying mail matter for one class, and to use this excess in order to carry free of cost the mail matter of another class, would strongly conflict with the just equality of privileges and burthens which the above-cited clauses were designed to secure.
I regret to lie compelled to object in a measure devised by Congress for the benefit or relief of the Army; but, with my convictions on the subject, it is not possible to approve the act now before me.
JEFFERSON DAVIS.
Richmond, Va., January 25, 1865.
The question being put,
Shall this bill become a law, the objections of the President to the contrary notwithstanding?
The yeas and nays required by the Constitution were recorded,
Yeas: Akin, Anderson, Atkins, Baldwin, Barksdale, Batson, Baylor, Bell, Blandford, Boyce, Bradley, Bridgers, Clopton, Cluskey, Cruikshank, Darden, De Jarnette, Echols, Ewing, Farrow, Foster,
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Fuller, Gaither, Garland Gholson, Gilmer, Goode, Hanly, Hartridge, Hatcher, Herbert, Hilton, Holliday, Johnston, Keeble, Lamkin, J. M. Leach, J. T. Leach, Lester, Logan, Marshall, McCallum, McMullin, Miles, Miller, Montague, Moore. Orr, Push, Ramsay, Russell, Simpson, J. M. Smith, W. E. Smith, Smith of Alabama, Smith of North Carolina, Staples, Triplett, Turner, Villeré, Wickham, Wilkes, and Witherspoon.
Nays: Branch, Burnett, Carroll, Chilton, Chrisman, Colyar, Conrow, Dickinson, Dupré, Gray, Machen, Sexton, and Snead.
So it was
Resolved, That this bill become a law, two-thirds of the members present having voted in the affirmative.
Under a suspension of the rules, Mr. Goode introduced
A joint resolution "of thanks to the officers and men of the Ninth, Fourteenth, and Fifty-seventh Regiments of Virginia Infantry;"
which was read a first and second time.
Mr. Goode moved to suspend the rule requiring the joint resolution to be referred to a committee; which motion prevailed.
The joint resolution was engrossed, read a third time, and passed, and the title was read and agreed to.
Under a suspension of the rules, Mr. Ewing offered the following resolutions:
Whereas a resolution has been introduced in the legislature of the State of North Carolina, bearing date nineteenth January, eighteen hundred and sixty-five, calling for a convention to amend the Constitution of the Confederate States so as to prohibit members from some of the States which have been overrun by the enemy from voting or having a representation in the Confederate Congress only in a territorial capacity, for the passage of which said resolution there were east thirty-nine votes out of ninety-seven; and
Whereas all the oppressive and unconstitutional measures which are charged to have been passed by said Congress are attributed to the States thus overrun and in the possession of the enemy, and who, it is charged, are exercising this high privilege without constituents and in violation of the Constitution and laws of the said Confederate States; and
Whereas this opinion has often been intimated in this House, and also by various persons and newspaper publications from several of the States, thus showing that the services of those brave men who have left their property, their homes and families, and all that is dear to them on this earth, to defend that of these neighboring States, are not appreciated and not entitled to that consideration which is extended to other troops who have not been so unfortunate as to have their States overrun and their property despoiled: Therefore,
Resolved, That the Committee on the Judiciary be, and is hereby, instructed to inquire whether or not any member or members of the States or parts of States thus in the hands of the enemy are occupying their seats in violation of the laws and Constitution of the said Confederate States, or without constituents.
Resolved, That if any such State or States, or parts of a State, should be thus represented, that said committee report the same to this House, and that they also report a bill repealing so much of all acts or laws passed by said Congress as give the Confederate authorities the right to conscript or force into the Army any person whose residence shall be in any one of the States or parts of States thus in the enemy's possession.
Resolved further, That it is the duty of the President, and he is hereby directed upon the report of said committee showing that any States or parts of States have such members, immediately to discharge all the soldiers now in the Confederate service from such States or parts of States, unless they shall voluntarily reenlist and agree to serve without the privilege of having their interests represented in the said Congress.
Resolved further, That upon the repeal of the said laws and the discharge of the troops as aforesaid that the members of Congress elected from said States
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or parts of States should and will resign their seats, and will further organize under our own banner and with our brave soldiers march upon the soil of our own States and there live or die freemen.
Pending which,
The morning hour having expired,
On motion of Mr. Goode, the Calendar was postponed until the resolutions are disposed of.
Mr. Lyon moved to lay the resolutions on the table; which motion was lost.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate insist on their amendment, disagreed to by the House of Representatives, to the bill (H. R. 273) to authorize the consolidation of companies, battalions, and regiments, agree to the conference asked by the House of Representatives on the disagreeing votes of the two Houses thereon, and have appointed Mr. Sparrow, Mr. Henry, and Mr. Vest managers at said conference on their part.
Mr. Atkins moved to lay the resolutions on the table, and demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Anderson, Atkins, Barksdale, Batson, Baylor, Bell, Blandford, Boyce, Bridgers, Carroll, Chilton, Colyar, Conrad, Darden, De Jarnette, Dickinson, Dupré, Echols, Farrow, Foster, Fuller, Gaither, Garland, Gholson, Gilmer, Goode, Gray, Hartridge, Herbert, Hilton, Holder, Holliday, Johnston, Keeble, Lamkin, Lester, Lyon, Menees, Miles, Montague, Orr, Perkins, Pugh, Russell, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Snead, Villeré, and Wickham.
Nays: Baldwin, Bradley, Eli M. Bruce, Horatio W. Bruce, Chrisman, Clark, Clopton, Conrow, Elliott, Ewing, Hanly, Hatcher, J. M. Leach, J. T. Leach, Logan, Machen, Marshall, McMullin, Miller, Ramsay, Smith of Alabama, Triplett, Turner, and Witherspoon.
So the motion to lay on the table prevailed.
A message was received from the President, by Mr. Harrison, his Private Secretary, notifying the House that on the 27th instant he approved and signed
On motion of Mr. Lyon, the House resolved itself into secret session; and having spent some time therein, resolved itself into open session.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The President of the Confederate States has notified the Senate that on the 27th instant he approved and signed the following acts:
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Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
On motion of Mr. J. T. Leach,
The House adjourned until 11 o'clock to-morrow.
SECRET SESSION.
The House being in secret session, resolved itself into Committee of the Whole to consider the special order, viz:
The bill "to levy additional taxes for the year eighteen hundred and sixty-five for the support of the Government;" and having spent some time therein, the committee rose and reported, through their Chairman, that the committee had had the subject referred to them under consideration and had come to no resolution thereon.
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
And the Speaker signed the same.
On motion of Mr. J. T. Leach,
The House resolved itself into open session.
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