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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 --EIGHTY-EIGHTH DAY--TUESDAY, February 21, 1865.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Peterkin.
The Chair laid before the House a Senate bill (S. 194) "to provide for promotion of officers in certain eases;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, a Senate bill (S. 192) "to amend the act entitled 'An act to organize forces to serve during the war,' approved February seventeenth, eighteen hundred and sixty-four;" which was read a first and second time and referred to the Committee on Military Affairs.
Also, House bill (H. R. 350) "to diminish the number of exemptions and details," which had been returned from the Senate with sundry amendments.
On motion, the bill and amendments were referred to the Committee on Military Affairs.
Mr. Anderson, from the Committee on Ways and Means, to whom had been referred the following memorials, praying to be relieved from taxation, viz:
Mr. Anderson, from the same committee, to whom had been referred
A bill "for the relief of taxpayers in certain eases," and
A bill "to suspend the collection of taxes in certain cases,"
reported back the same with the recommendation that the committee be discharged from their further consideration, and that they do lie upon the table; which was agreed to.
Mr. Hilton, from the Committee on Military Affairs, to whom had been referred
A bill "for the relief of bonded agriculturists in certain eases," reported back the same with the recommendation that it do lie upon the table; which was agreed to.
Mr. Hilton, from the same committee, reported
A bill "for the relief of bonded agriculturists in certain eases;" which was read a first and second time.
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
Mr. Blandford submitted the following amendment as an independent section:
The amendment was agreed to.
The bill as amended was engrossed, read a third time, and passed, and the title was read and agreed to.
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Mr. Hanly, from the same committee, to whom had been referred
A bill "to require noncommissioned officers and privates held as prisoners of war to be paid upon their individual certificates, supported by oath,"
reported back the same with the recommendation that it do lie upon the table; which was agreed to.
Mr. Hanly, from the same committee, reported
A bill "to require noncommissioned officers and privates held as prisoners of war to be paid upon their individual certificates, supported by oath;"
which was read a first and second time.
The question being on postponing the bill,
It was decided in the negative.
The bill was engrossed, read a third time, and passed, and the title was read and agreed to.
Mr. Clark, from the same committee, to whom had been referred a Senate bill (S. 166) "to amend an act entitled 'An act to provide and organize a general staff for armies in the field, to serve during the war,' approved June fourteenth, eighteen hundred and sixty-four," reported back the same with the recommendation that it do pass with the following amendment:
Strike out all after the word "repealed," in the third line, which reads as follows, viz: "And hereafter a general commanding an army in the field shall be entitled to two aids-de-camp; one with the rank, pay, and allowances of a major of cavalry, and one with the rank, pay, and allowances of a captain of cavalry. A lieutenant-general commanding an army corps shall be entitled to two aids-de-camp; one with the rank, pay, and allowances of a captain of cavalry, and one with the rank, pay, and allowances of a first lieutenant of cavalry. A major-general commanding a division shall be entitled to two aids-de-camp, each with the rank, pay, and allowances of a first lieutenant of cavalry; and a brigadier-general commanding a brigade shall be entitled to two aids-de-camp, one with the rank, pay, and allowances of a first lieutenant of cavalry, and one with the rank, pay, and allowances of a second lieutenant of cavalry; all of whom shall be appointed by the President, by and with the advice and consent of the Senate," and insert in lieu thereof the following, viz: "And hereafter a general commanding an army in the field shall be entitled to four aids-de-camp, with the rank, pay, and allowances of a major of cavalry. A lieutenant-general commanding an army corps shall be entitled to two aids-de-camp, with the rank, pay, and allowances of a captain of cavalry. A major-general commanding a division shall be entitled to two aids-de-camp, with the rank, pay, and allowances of a first lieutenant of cavalry; and a brigadier. commanding a brigade, shall be entitled to one aid-de-camp, with the rank, pay, and allowances of a first lieutenant of cavalry; all of whom shall be appointed by the President, by and with the advice and consent of the Senate."
The question being on postponing the bill and placing it on the Calendar,
It was decided in the negative.
The amendment of the committee was agreed to.
The bill as amended was read a third time and passed, and the title was read and agreed to.
Mr. Clark, from the same committee, to whom had been referred a Senate bill (S. 169) "to abolish the office of certain quartermasters and assistant quartermasters, commissaries and assistant commissaries, and to provide for the appointment of bonded agents in said departments," reported back the same with the recommendation that it do not pass.
The question being on postponing the bill,
It was decided in the negative.
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Mr. Hilton submitted the following amendment:
In section 1, strike out the words "and those engaged in the collection of the tax in kind."
Mr. Foster moved the previous question; which was ordered.
The question being on agreeing to the amendment of Mr. Hilton,
Mr. Blandford demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Atkins, Baldwin, Baylor, Bridgers, Horatio W. Bruce, Carroll, Clark, Clopton, Cluskey, Colyar, Conrow, De Jarnette, Farrow, Fuller, Gholson, Gilmer, Gray, Hatcher, Hilton, Holliday, Johnston, Keeble, J. M. Leach, Logan, Lyon, McCallum, Perkins, Read, Rogers, Sexton, Simpson, Snead, Villeré, Wickham, Wilkes, and Mr. Speaker.
Nays: Anderson, Barksdale, Batson, Bell, Blandford, Bradley, Branch, Chrisman, Cruikshank, Dupré, Ewing, Foster, Funsten, Gaither, Goode, Hanly, Herbert, J. T. Leach, Machen, McMullin, Moore, Ramsay, J. M. Smith, W. E. Smith, Staples, Swan, Triplett, Turner, and Witherspoon.
So the amendment was agreed to.
The bill was engrossed and read a third time.
The question being put,
Shall the bill pass?
Mr. Clark demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Anderson, Batson, Baylor, Bell, Blandford, Boyce, Bradley, Branch, Horatio W. Bruce, Chrisman, Clopton, Cluskey, Conrow, Cruikshank, Dickinson, Dupré, Ewing, Farrow, Foster, Fuller, Gaither, Goode, Hanly, Herbert, Hilton, J. M. Leach, J. T. Leach, Logan, Machen, McMullin, Miller, Perkins, Ramsay, J. M. Smith, Smith of North Carolina, Wickham, and Witherspoon.
Nays: Atkins, Baldwin, Carroll, Clark, Colyar, De Jarnette, Funsten, Gholson, Gilmer, Gray, Hartridge, Hatcher, Holliday, Johnston, Keeble, Lyon, McCallum, Miles, Moore, Read, Russell, Simpson, W. E. Smith, Snead, Triplett, Turner, Villeré, Wilkes, and Mr. Speaker.
So the bill was passed, and the title was read and agreed to.
Mr. Blandford moved to reconsider the vote by which the bill was passed.
Mr. Rogers demanded the yeas and nays thereon; which were not ordered, and the motion was lost.
Mr. J. M. Smith, from the Committee on Military Affairs, to whom had been referred the following bills and memorials, viz:
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The morning hour having expired,
Mr. Funsten moved that the Calendar be postponed to enable him to move a suspension of the rules, in order to report from the Committee on Flag and Seal.
The motion was lost.
Mr. Wickham moved that the Calendar be postponed to enable him to move a suspension of the rules to report from the Committee on Military Affairs.
The motion was lost.
A message was received from the Senate, by Mr. Nash, their Secretary; which is as follows, viz:
Mr. Speaker: The Senate have passed bills and a joint resolution of this House of the following titles:
The bill first mentioned with amendments; in which I am directed to ask the concurrence of this House.
The Senate have passed bills of the following titles; in which I am directed to ask the concurrence of this House:
Mr. Cruikshank, from the Committee on Enrolled Bills, reported as correctly enrolled
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And the Speaker signed the same.
The following papers were presented, laid upon the table, and ordered to be printed.
The House resumed the consideration of the special order, viz:
The bill "to provide means to support the Government and carry on the war."
Mr. Hilton, by consent, withdrew his amendment.
Mr. Herbert submitted the following amendment:
In section 1, line 22, after the word "act," insert the words "excluding the cotton in the Trans-Mississippi Department;"
which was not agreed to.
Mr. Smith of North Carolina submitted the following amendment:
Strike out the first section and insert in lieu thereof the following, viz:
"On the present value of raw cotton and of tobacco, manufactured or unmanufactured, there shall be levied a tax of fifteen per centum: Provided, however, That the following shall be exempt:
Mr. Wickham submitted the following amendment:
At end of section 1 add the following: "And no impressment shall be made under the provisions of this act of the bona fide stock of any retail dealer in tobacco which is necessary to the carrying on of his business;"
which was not agreed to.
Mr. Miller submitted the following amendment:
At end of section I add the following: "But any refugee having a wife or family, and who on the first of January, eighteen hundred and sixty-five, Owned cotton and tobacco, or either, and who purchased the same as a means of obtaining necessary supplies for his family, may continue to hold not exceeding fifteen hundred pounds of tobacco and fifteen thousand pounds of cotton, or to sell it for such purpose, and the same shall be free from impressment in the hands of all persons until consumed; and it shall be the duty of the impressing officer and agent to administer an oath to such refugee, and upon being satisfied of his right
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to hold the same under this provision, to mark the 'boxes and bales' 'free from impressment,' and officially sign the same;"
which was not agreed to.
Mr. Farrow submitted the following amendment:
In section 1, line 22, strike out the words "two years" and insert "one year;"
which was agreed to.
Mr. Carroll submitted the following amendment:
Strike out section 9; which reads as follows, viz:
Mr. Colyar demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Baldwin, Horatio W. Bruce, Carroll, Colyar, Conrow, Fuller, Gilmer, Hartridge, Hatcher, Herbert, Hilton, J. M. Leach, Lyon, McCallum, Menees, Ramsay, Sexton, Smith of North Carolina, Swan, Wilkes, and Witherspoon.
Nays: Anderson, Atkins, Batson, Baylor, Bell, Blandford, Boyce, Clopton, Cluskey, Conrad, Cruikshank, Dupré, Elliott, Ewing, Farrow, Foster, Funsten, Gaither, Gholson, Goode, Holliday, Johnston, Keeble, J. T. Leach, Logan, Machen, Marshall, McMullin, Miles, Miller, Perkins, Pugh, Read, Russell, J. M. Smith, W. E. Smith, Snead, Staples, Triplett, Villeré, and Wickham.
So the amendment was rejected.
Mr. Conrad moved to reconsider the vote just taken.
Mr. Blandford called the question.
Mr. Johnston demanded the yeas and nays thereon;
Which were ordered,
Yeas: Akin, Batson, Bell, Blandford, Boyce, Bridgers, Chrisman, Cluskey, Cruikshank, Dupré, Ewing, Foster, Fuller, Funsten, Gaither, Gholson, Goode, J. T. Leach, Logan, Machen, Marshall, Miles, Miller, Moore, Perkins, Pugh, Read, Rusell, Sexton, Simpson, J. M. Smith, W. E. Smith, Snead, Swan, Triplett, Villeré, and Witherspoon.
Nays: Baldwin, Branch, Eli M. Bruce, Horatio W. Bruce, Carroll, Clopton, Colyar, Conrad, Conrow, Farrow, Gilmer, Hartridge, Hatcher, Herbert, Hilton, Johnston, Keeble, J. M. Leach, Lyon, McCallum, Ramsay, Rogers, Smith of North Carolina, Turner, Wickham, and Mr. Speaker.
So the question was ordered.
The question being put,
Mr. Johnston demanded the yeas and nays;
Which were ordered,
Yeas: Baldwin, Bridgers, Eli M. Bruce, Horatio W. Bruce, Carroll, Colyar, Conrad, Conrow, Cruikshank, Fuller, Gilmer, Hartridge,
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Hatcher, Herbert, Hilton, Johnston, Keeble, J. M. Leach, Lyon, McCallum, Ramsay, Rogers, Sexton, Smith of North Carolina, Swan, Turner, Wickham, and Witherspoon.
Nays: Akin, Anderson, Atkins, Batson, Bell, Blandford, Boyce, Chrisman, Clopton, Cluskey, Dupré, Elliott, Ewing, Farrow, Foster, Funsten, Gaither, Gholson, Goode, Holliday, J. T. Leach, Logan, Machen, Marshall, McMullin, Miles, Miller, Moore, Perkins, Pugh, Read, Russell, Simpson, J. M. Smith, W. E. Smith, Snead, Triplett, and Villeré.
So the motion to reconsider was lost.
Mr. Marshall submitted the following amendment:
In section 9, line 4, strike out the words "the sums of money therein respectively specified" and insert in lieu thereof the words "amount named on the face of the bill, payable in cotton at fifty cents per pound;"
which was not agreed to.
Mr. Wickham submitted the following amendment:
In section 10, line 5, strike out the words "month of May, eighteen hundred and sixty-five," and insert the words "after the passage of this act;"
which was not agreed to.
Mr. Marshall submitted the following amendment:
Strike out the tenth section; which reads as follows, viz:
Mr. Marshall demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson, Branch, Bridgers, Horatio W. Bruce, Carroll, Colyar, Conrad, Conrow, Cruikshank, Darden, Dickinson, Fuller, Gilmer, Hartridge, Hatcher, Hilton, J. M. Leach, Lyon, Marshall, McCallum, Menees, Ramsay, Sexton, Smith of North Carolina, Swan, and Turner.
Nays: Akin, Atkins, Barksdale, Batson, Blandford, Bradley, Clopton, Dupré, Elliott, Ewing, Farrow, Foster, Funsten, Gaither, Gholson, Goode, Holliday, J. T. Leach, Logan, Machen, McMullin, Miles, Moore, Perkins, Pugh, Russell, Simpson, J. M. Smith, W. E. Smith, Snead, Triplett, Villeré, Wickham, Wilkes, and Witherspoon.
So the amendment was rejected.
Mr. Smith of North Carolina submitted the following amendment:
In section 10, line 5, between the words "eighteen hundred and sixty-five" and words "and to pay," [insert] the words "in payment of claims due deceased soldiers."
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Mr. Colyar demanded the yeas and nays thereon;
Which were ordered,
Yeas: Anderson, Atkins, Bridgers, Horatio W. Bruce, Carroll, Clopton, Colyar, Conrow, Cruikshank, Dickinson, Farrow, Fuller, Funsten, Gaither, Gilmer, Hartridge, Hatcher, Hilton, Keeble, J. M. Leach, J. T. Leach, Logan, Lyon, McCallum, McMullin, Menees, Ramsay, Sexton, W. E. Smith, Smith of North Carolina, Swan, Turner, Wickham, and Witherspoon.
Nays: Akin, Blandford, Branch, Conrad, Darden, Dupré, Elliott, Ewing, Foster, Gholson, Machen, Miles, Moore, Perkins, Pugh, Russell, Simpson, J. M. Smith, Snead, Triplett, and Wilkes.
So the amendment was agreed to.
Mr. Atkins moved to reconsider the vote just taken.
Pending which,
Mr. McMullin moved that the House adjourn.
The motion was lost.
On motion of Mr. Cluskey,
The House took a recess until half past 7 o'clock.
Having reassembled,
Mr. Akin called the question; which was ordered.
The question being on the motion of Mr. Atkins to reconsider the vote by which the amendment of Mr. Smith of North Carolina was agreed to,
Mr. Pugh demanded the yeas and nays;
Which were ordered,
Yeas: Atkins, Barksdale, Batson, Blandford, Boyce, Branch, Chrisman, Ewing, Foster, Funsten, Gholson, Keeble, J. T. Leach, Machen, Miles, Murray, Pugh, Russell, Simpson, J. M. Smith, Snead, Staples, Triplett, Villeré, Wilkes, and Mr. Speaker.
Nays: Bridgers, Carroll, Clark, Clopton, Cluskey, Colyar, Conrow, Cruikshank, Darden, Dickinson, Farrow, Gaither, Garland, Hartridge, Hatcher, Herbert, Logan, Lyon, McMullin, Menees, Miller, Ramsay, Sexton, Smith of North Carolina, Swan, and Turner.
No quorum voting,
Mr. Atkins moved that the House adjourn; which motion was lost.
Mr. McMullin moved a call of the House; which was ordered.
Upon the call of the roll the following gentlemen answered to their names:
Messrs. Akin, Atkins, Barksdale, Batson, Blandford, Boyce, Branch, Bridgers, Carroll, Chrisman, Clark, Clopton, Cluskey, Colyar, Conrow, Cruikshank, Darden, Dickinson, Ewing, Farrow, Foster, Fuller, Funsten, Gaither, Garland, Gholson, Hartridge, Hatcher, Herbert, Hilton, Keeble, J. T. Leach, Logan, Lyon, Machen, McMullin, Menees, Miles, Miller, Moore, Pugh, Ramsay, Russell, Sexton, Simpson, J. M. Smith, Smith of North Carolina. Snead, Staples, Swan, Triplett, Turner, Villeré, Wilkes, and Mr. Speaker.
The following gentlemen were excused:
Messrs. Anderson, Hanly, Holliday, McCallum, W. E. Smith, and Witherspoon.
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The following gentlemen were absent by leave of the House:
Messrs. Ayer, Bell, Chilton, Echols, Heiskell, Holder, Kenner, Lamkin, Lester, Montague, Norton, Orr, Rives, Shewmake, Welsh, Whitfield, and Wright.
The following gentlemen were brought before the House in the custody of the Doorkeeper, and, on motion, excused by the House, viz:
Messrs. Bradley, Burnett, Goode, Johnston, and Wickham.
On motion of Mr. Atkins, all further proceedings under the call were dispensed with.
A quorum being present, the yeas and nays on the motion to reconsider the vote by which the amendment of Mr. Smith of North Carolina was agreed to were again recorded,
Yeas: Atkins, Barksdale, Batson, Blandford, Boyce, Bradley, Branch, Burnett, Chrisman, Cluskey, Ewing, Foster, Funsten, Gaither, Gholson, Goode, Johnston, Keeble, J. T. Leach, Machen, Miles, Moore, Perkins, Pugh, Russell, Simpson, J. M. Smith, Snead, Staples, Triplett, Villeré, Wilkes, and Mr. Speaker.
Nays: Akin, Bridgers, Carroll, Clark, Clopton, Colyar, Conrow, Cruikshank, Darden, Dickinson, Farrow, Fuller, Garland, Hartridge, Hatcher, Herbert, Hilton, Logan, Lyon, McMullin, Menees, Miller, Ramsay, Sexton, Smith of North Carolina, Turner, Wickham, and Witherspoon.
So the motion to reconsider prevailed.
The question recurring on agreeing to the amendment of Mr. Smith of North Carolina,
Mr. Colyar demanded the yeas and nays;
Which were ordered,
Yeas: Akin, Bridgers, Carroll, Clark, Clopton, Cluskey, Colyar, Conrow, Cruikshank, Darden, De Jarnette, Dickinson, Farrow, Fuller, Funsten, Gaither, Garland, Hartridge, Hatcher, Herbert, Hilton, Keeble, Logan, Lyon, McMullin, Menees, Miller, Ramsay, Sexton, Smith of North Carolina, Turner, Wickham, and Witherspoon.
Nays: Atkins, Baldwin, Barksdale, Batson, Blandford, Boyce, Bradley, Branch, Burnett, Chrisman, Ewing, Foster, Gholson, Goode, Johnston, J. T. Leach, Machen, Miles, Moore, Perkins, Pugh, Russell, Simpson, J. M. Smith, Snead, Staples, Triplett, Villeré, Wilkes, and Mr. Speaker.
So the amendment was agreed to.
Mr. Logan moved to reconsider the vote by which the House refused to strike out the tenth section, and demanded the yeas and nays; which were not ordered, and the motion to reconsider was lost.
Mr. Atkins moved that the House return to the tenth section, to enable him to submit an amendment, and demanded the yeas and nays thereon; which were not ordered, and the motion was lost.
Mr. McMullin submitted the following amendment:
In section 13, strike out the word "double," in the second line.
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Mr. J. M. Leach demanded the yeas and nays thereon;
Which were ordered,
Yeas: Barksdale, Batson, Bridgers, Carroll, Cruikshank, Darden, Fuller, Garland, Herbert, J. M. Leach, Logan, Lyon, McMullin, Ramsay, Smith of North Carolina, Staples, Turner, Wickham, and Witherspoon.
Nays: Akin, Atkins, Baldwin, Blandford, Boyce, Bradley, Branch, Burnett, Chrisman, Clopton, Cluskey, Conrow, De Jarnette, Dickinson, Ewing, Farrow, Foster, Funsten, Gaither, Gholson, Goode, Hartridge, Hatcher, Hilton, Holliday, Johnston, Keeble, J. T. Leach, Machen, Miles, Miller, Moore, Murray, Perkins, Pugh, Russell, Sexton, Simpson, J. M. Smith, W. E. Smith, Snead, Triplett, Villeré, and Wilkes.
So the amendment was not agreed to.
Mr. Hilton moved to reconsider the vote just taken.
The motion was lost.
Mr. Wickham submitted the following amendment:
In section 13, line 9, after the word "derived," insert the words "and all stock belonging to it;"
which was agreed to.
Mr. Herbert submitted the following amendment:
In section 13, lines 10 and 11, strike out the words "except those exclusively employed in other services than the cultivation of the soil;"
which was not agreed to.
Mr. W. E. Smith submitted the following amendment:
In section 13, line 10, after the word "it," insert the words "and including plantation weavers, blacksmiths, shoemakers, wheelwrights, and mechanics."
Mr. Akin moved to amend the amendment of Mr. W. E. Smith by adding thereto the words "who do not work for others than their owners;" which was agreed to.
Mr. Herbert moved to amend the amendment of Mr. W. E. Smith by inserting the words "and stockherders" after the word "mechanics;" which was agreed to, and the amendment as amended was agreed to.
Mr. Atkins submitted the following amendment:
In section 13, line 15, after the word "assess," insert the words "Provided, That in eases where lands are rented the tenant shall have the credit upon his other taxes to the extent that he would be entitled if he owned the land."
Mr. Hilton submitted the following amendment to the amendment of Mr. Atkins:
Strike out the whole thereof and insert the following, viz: "Provided, That in cases where lands are rented or slaves hired, the tenant of the land or the bailee of the slaves, as the case may be, shall have a credit for his tax in kind upon his other taxes to the extent that he would be entitled if he owned the land or slaves."
Pending which,
On motion of Mr. Blandford,
The House adjourned until 11 o'clock to-morrow.
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