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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-NINTH DAY--WEDNESDAY, February 22, 1865.

Journal of the Congress of the Confederate States of America, 1861-1865 [Volume 7]
EIGHTY-NINTH DAY--WEDNESDAY, February 22, 1865.

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OPEN SESSION.

The House met pursuant to adjournment, and was opened with prayer by Rev. Dr. Peterkin.

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

Richmond, Va., February 20, 1865.

To the Senate and House of Representatives:

I herewith transmit for your consideration a communication from the Secretary of War, covering an estimate of an additional appropriation required by the Department.

JEFFERSON DAVIS.

The message and accompanying documents were referred to the Committee on Ways and Means and ordered to be printed.

The Chair laid before the House a communication from the Secretary of the Treasury, recommending the passage of an act to repair defects and complete the organization of the agency of the Treasury Department west of the Mississippi River; which, together with the accompanying document, was referred to the Committee on Ways and Means and ordered to be printed.

Also, another communication from the Secretary of the Treasury, recommending the passage of an act to authorize the appointment, of assistants to the Register in signing bonds and certificates, approved February 14, 1863, providing for the appointment of two additional clerks for the purpose stated, in order to promote the prompt preparation and issue of "soldiers' bounty bonds;" which, together with accompanying documents, was referred to the Committee on Ways and Means.

Also, another communication from the Secretary of the Treasury in response to a resolution calling for the instructions issued from that Department to carry into execution the tax laws; which, together with accompanying documents, was laid upon the table.

Also, a Senate bill (S. 191) "to abolish the office of all officers engaged in discharging the duties of provost-marshals, except within the lines of an army in the field;" which was read a first and second time and referred to the Committee on Military Affairs.

Also, a Senate bill (S. 197) "declaring certain persons liable to duty in the reserve forces of the respective States;" which was read a first and second time and referred to the Committee on Military Affairs.

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

Mr. Speaker: The Senate have passed, without amendment, bills of this House of the following titles, viz:

• H. R. 375. An act authorizing proof to be received of the loss or destruction of vouchers necessary in the settlement of accounts; and
• H. R. 382. An act to amend the thirteenth section of an act entitled "An act to reduce the currency and to authorize a new issue of notes and bonds."

The Senate have passed a joint resolution of the following title, viz:

• S. 32. Joint resolution construing the act of May 31, 1864, to provide for the appointment of a disbursing clerk in the War Department;

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

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The Chair laid before the House bill (H. R. 325) "to make appropriations for the support of the Government of the Confederate States of America from the first day of January to the thirtieth day of June, eighteen hundred and sixty-five;" which had been returned from the Senate with sundry amendments.

Mr. Sexton moved to suspend the rule requiring the amendments to be referred to a committee; which motion prevailed.

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

• 1. Insert in line 83, after the word "impressed," the words "or hired."
• 2. Strike out lines 158 and 159; which read as follows, viz:

  "For compensation of three commissioners appointed under the sequestration act, and for clerk hire and contingent expenses, five thousand dollars."

• 3. Add the following:

  "For the exchange and redemption of mutilated Treasury notes, one million dollars."

• 4. "For traveling expenses incurred in carrying election returns of the Army of Tennessee to Arkansas in pursuance of authority contained in the act approved February eighteenth, eighteen hundred and sixty-four, entitled 'An act to provide for holding elections for Representatives in the Congress of the Confederate States of America from the State of Arkansas.'"
• 5. "To compensate the owners of the steamer Phoenix, impressed by the military authorities and sunk as an obstruction in the harbor of Mobile, August seventh, eighteen hundred and sixty-four, six hundred and forty-four thousand three hundred and seven dollars and thirty-four cents."
• 6. "Additional amount required for salaries of judges, attorneys, and marshals, and incidental and contingent expenses of courts from January first to June thirtieth, eighteen hundred and sixty-five, thirty thousand dollars."
• 7. "To pay for the barge Enterprise, seized and sunk by the Government at Plymouth, North Carolina, to obstruct the river, fifty thousand dollars."
• 8. "For clothing for officers of the Navy under acts of Congress approved, respectively, sixteenth and nineteenth January, eighteen hundred and sixty-five, one million eighty-seven thousand and twenty dollars."
• 9. In lines 119 and 120, strike out "four million" and insert in lieu thereof "one million eight hundred thousand dollars."
• 10. In lines 176, 177, 178, strike out the following proviso: "Provided, That the above appropriation for the Post-Office Department shall be paid out of the revenue of the Department."

The question being on concurring in the first amendment of the Senate,

Mr. Foster demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 46
• Nays ... 17

Yeas: Akin, Anderson, Baldwin, Barksdale, Batson, Baylor, Boyce, Branch, Clopton, Conrow, Darden, De Jarnette, Dickinson, Dupré, Ewing, Farrow, Foster, Fuller, Funsten, Gaither, Garland, Gholson, Gilmer, Goode, Holliday, Keeble, J. M. Leach, J. T. Leach, Logan, McCallum, McMullin, Menees, Miles, Miller, Ramsay, Rogers, Russell, Sexton, W. E. Smith, Snead, Triplett, Turner, Villeré, Wickham, Wilkes, and Witherspoon.

Nays: Atkins, Blandford, Bradley, Chambers, Chrisman, Clark, Cluskey, Colyar, Cruikshank, Gray, Hartridge, Hatcher, Hilton, Johnston, Perkins, Pugh, and J. M. Smith.

So the amendment was concurred in.

The question recurring on concurring in the other amendments of the Senate.

It was decided in the affirmative on each amendment, respectively.

The Chair laid before the House a Senate joint resolution (S. 32)

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"construing the act of May thirty-first, eighteen hundred and sixty-four, to provide for the appointment of a disbursing clerk in the War Department;" which was read a first and second time and referred to the Committee on Military Affairs.

Also, a message from the President; which was read as follows, viz:

Richmond, Va., February 20, 1865.

To the House of Representatives:

In response to your resolution of the 6th instant, I herewith transmit a communication from the Secretary of War, which conveys all the information in my possession relative to the nondestruction of the cotton in the city of Savannah before its evacuation by our military forces.

JEFFERSON DAVIS.

On motion of Mr. Hartridge, the message and accompanying documents were referred to the Committee on Military Affairs and ordered to be printed.

The Speaker presented a series of resolutions adopted at a meeting of the Fifty-sixth Regiment Virginia Infantry and a series of resolutions adopted at a meeting of the Third Regiment Virginia Cavalry; which were laid upon the table and ordered to be printed.

The House resumed the consideration of the unfinished business, viz:

Joint resolution "expressing the sense of Congress on the subject of the recent peace commission."

Mr. Blandford moved the previous question.

Pending which,

On motion, the joint resolution was postponed until to-morrow.

Mr. Boyce moved to suspend the rules, to enable him to report from the Committee on Naval Affairs.

No quorum voting,

Mr. Keeble moved a call of the House; which was ordered.

Upon the call of the roll the following gentlemen answered to their names:

Messrs. Akin, Anderson, Atkins, Baldwin, Barksdale, Batson, Baylor, Blandford, Boyce, Bradley, Branch, Eli M. Bruce, Carroll, Clark, Clopton, Cluskey, Colyar, Conrow, Cruikshank, Darden, De Jarnette, Dickinson, Dupré, Ewing, Farrow, Foster, Fuller, Gaither, Garland, Gholson, Gilmer, Goode, Gray, Hanly, Hartridge, Hatcher, Herbert, Hilton, Holliday, Keeble, J. M. Leach, Logan, Lyon, Machen, McCallum, McMullin, Menees, Miles, Miller, Pugh, Ramsay, Read, Rogers, Russell, Sexton, Simpson, J. M. Smith, W. E. Smith, Triplett, Turner, Villeré, Wickham, Witherspoon, and Mr. Speaker.

A quorum being present,

On motion of Mr. Anderson, all further proceedings under the call were dispensed with.

The rules were suspended, and Mr. Boyce, from the Committee on Naval Affairs, to whom had been referred a Senate bill (S. 170) "to increase the number of acting midshipmen in the Navy, and to prescribe the mode of appointment," reported back the same with the recommendation that it do pass.

The question being on postponing the bill and placing it on the Calendar,

It was decided in the negative.

The bill was read a third time.

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The question recurring on the passage of the bill,

Mr. Atkins demanded the yeas and nays; which were not ordered.

The bill was passed, and the title was read and agreed to.

Mr. Boyce moved to reconsider the vote by which the bill was passed.

The motion was lost.

The morning hour having expired,

Mr. Boyce entered a motion to reconsider the vote by which the eighth amendment of the Senate to the appropriation bill was concurred in this morning.

Mr. Miller moved that the special order be postponed to enable him to move a suspension of the rules, in order to report from the Committee on Indian Affairs.

The motion was lost.

Mr. Ewing moved that the special order be postponed to enable him to move a suspension of the rules, in order to offer a resolution.

The motion was lost.

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

• S. 187. An act to regulate the business of conscription.

And the Speaker signed the same.

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. Atkins, by consent, withdrew his amendment.

Mr. Hilton, by consent, withdrew his amendment.

Mr. Colyar submitted the following amendment:

In section 13, after the word "kind," in line 26, insert the following: "And in case land is rented without any agreement between the landlord and tenant about the tax in kind and the credit therefor, then the credit shall be allowed them jointly; the credit given the landlord shall have the same proportion to the whole credit that the tax on the property employed in agriculture belonging to the said land does to the sum of the tax on the property and the tax in kind, and the credit given the tenant shall bear the same proportion to the whole credit that the tax in kind bears to the stun of the tax on the property and the tax in kind."

Mr. Gaither submitted the following amendment to the amendment of Mr. Colyar:

Strike out the whole thereof and insert the following, viz: "and in case of landlord and tenant, shall be deducted from their respective tax, in proportion to their several interests in the produce paid in kind."

Pending which,

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

Mr. Speaker: I am directed by the Senate to request the House of Representatives to return to the Senate the bill (H. R. 382) to amend the thirteenth section of an act entitled "An act to reduce the currency and to authorize a new issue of notes and bonds."

The bill was returned to the Senate.

The amendment of Mr. Gaither to the amendment of Mr. Colyar was agreed to, and the amendment as amended was agreed to.

Mr. Colyar moved to reconsider the vote by which the amendment of Mr. Gaither to his amendment was agreed to.

The motion was lost.

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Mr. Garland submitted the following amendment:

Strike out all from the beginning of the thirteenth section down to and including the word "kind," in twenty-sixth line; which reads as follows, viz:

• "Sec. 13. The taxes in kind shall, for each of the years eighteen hundred and sixty-five and eighteen hundred and sixty-six, be at double the rates now imposed--that is to say, one-fifth instead of one-tenth of the respective subjects thereof is hereby levied for each of those years, but subject to the exemptions and other provisions of law now in force relating to the levy, assessment, collection, and disposition of taxes in kind so far as they are consistent with this act. From the tax on property employed in agriculture (including the entire plantation from which the tax in kind is derived and all the slaves kept on it, except those exclusively employed in other services than the cultivation of the soil) shall be deducted the value of the tax in kind derived therefrom for the year, and delivered to the Government or commuted during the year or afterwards, including the bacon which shall be deliverable on or about the first day of March next after the year for which it is assessed: and for the purpose of adjusting the amount of such credit the taxes in kind shall be estimated at the usual market rates in Treasury notes, and the amounts so estimated shall be the amount of the credit, but no credit shall be allowed beyond such property tax; and the collection of the property tax on such property shall be suspended after assessment, under the order of the Secretary of the Treasury, until the value of the tax in kind to be deducted shall be ascertained, and, when so ascertained, it shall be the duty of the post quartermaster to certify and of the district collector to deduct the value of such tax in kind."

Mr. McMullin demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 18 [19]
• Nays ... 38

Yeas: Barksdale, Batson, Bridgers, Carroll, Cruikshank, Darden, Fuller, Garland, Gilmer, J. M. Leach, Logan, Lyon, McCallum, McMullin, Ramsay, Rogers, Smith of North Carolina, Turner, and Witherspoon.

Nays: Akin, Atkins, Baldwin, Baylor, Eli M. Bruce, Clopton, Cluskey, Colyar, Conrad, Dickinson, Dupré, Ewing, Farrow, Foster, Funsten, Gaither, Gholson, Goode, Gray, Hanly, Hartridge, Hatcher, Hilton, Johnston, Keeble, J. T. Leach, Machen, Menees, Miles, Perkins, Pugh, Russell, Simpson, J. M. Smith, W. E. Smith, Triplett, Villeré, and Wickham.

So the amendment was rejected.

Mr. Russell submitted the following amendment:

In section 14, second line, fill up blank with "one hundred."

Mr. Akin moved to amend the amendment of Mr. Russell by filling up the blank with "two hundred."

The amendment of Mr. Akin was lost, and the amendment of Mr. Russell was agreed to.

Mr. Smith of North Carolina submitted the following amendment:

Section 14, line 2, strike out the words "revenue bills."

Mr. McMullin demanded the yeas and nays thereon;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 19
• Nays ... 41

Yeas: Bridgers, Eli M. Bruce, Horatio W. Bruce, Colyar, Cruikshank, Darden, Fuller, Garland, Gilmer, Hartridge, Herbert, Hilton, J. M. Leach, Logan, McCallum, McMullin, Ramsay, Smith of North Carolina, and Turner.

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Nays: Akin, Anderson, Baldwin, Batson, Blandford, Boyce, Branch, Carroll, Chrisman, Clark, Cluskey, Conrad, Dickinson, Dupré, Elliott, Farrow, Foster, Funsten, Gaither, Gholson, Goode, Gray, Hanly, Hatcher, Keeble, J. T. Leach, Machen, Miles, Moore, Perkins, Pugh, Russell, Sexton, Simpson, J. M. Smith, W. E. Smith, Swan, Triplett, Villeré, Wickham, and Wilkes.

So the amendment was rejected.

Mr. Russell submitted the following amendment:

In line 3, section 14, insert after the word "whole" the words "or one-half;"
which was agreed to.

Mr. Clopton submitted the following amendment:

In section 14, line 6, after the word "thereof," insert the words "in revenue bills;"
which was agreed to.

Mr. McMullin submitted the following amendment:

At the end of section 14 add the following as an independent section:

"That fifteen pounds of ginned cotton and ten pounds of unwashed wool shall be reserved to each member of the family;"
which was not agreed to.

Mr. Anderson submitted the following amendment:

At the end of the first paragraph, section 15, add the following: "which section is hereby repealed, saving any liabilities already incurred under the same;"
which was agreed to.

Mr. Herbert submitted the following amendment:

Strike out the third paragraph of section 15, which reads as follows, viz:

• "III. All cotton and tobacco shall be taxed at the rate of ten per centum of the value thereof in Treasury notes; but no tax shall be collected on cotton or tobacco transferred to the Government before the first day of June next east of the Mississippi River, or before the first day of August next west of that river, and the tax on an amount of the same article remaining in the hands of the owner equal to the amount voluntarily so transferred before those dates, respectively, shall be reduced to five per centum on the value thereof, or of similar property, at the place of assessment in the year eighteen hundred and sixty," and insert in lieu thereof the following, viz:

  "One-half of all cotton and tobacco shall be taxed at the rate of five per centum on the value thereof, or of similar property, at the price of assessment in the year eighteen hundred and sixty:"

Mr. Darden submitted the following amendment:

In paragraph 3, section 15, line 7, strike out the word "voluntarily;"
which was not agreed to.

Mr. Russell submitted the following amendment:

In paragraph 6, section 15, line 5, after the word "dollars," insert the words "one hundred dollars;"
which was agreed to.

Mr. Wickham submitted the following amendment:

At the end of section 15 add the following: "Any person who by reason of the occupancy of his property by the enemy, or by hindrance from the use of such property by reason of the proximity of the enemy, has been prevented from making a sufficiency of food from such property for the persons and animals living and employed on such property, shall be exempt from taxation on such property for the year in which such occupancy or hindrance occurred."

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Mr. Foster submitted the following amendment to the amendment of Mr. Wickham:

Strike out the whole thereof and insert the following, viz: "That such districts as have been overrun and despoiled by the enemy, upon satisfactory evidence of this fact and of the inability of such district to pay the taxes as provided for in this law being made known to the Secretary of the Treasury, under such rules and regulations as said Secretary may prescribe, he shall be authorized to exempt such district, in whole or in part, as may seem to him right and proper."

The amendment to the amendment was agreed to.

Pending the question on the amendment as amended,

Mr. Rogers moved that the House adjourn; which motion did not prevail, and

On motion of Mr. Hartridge,

The House took a recess until half past 7 o'clock.

Having reassembled,

Mr. Menees called the question; which was ordered, and the amendment as amended was lost.

Mr. Funsten submitted the following amendment:

At end of section 15 add the following: "Provided, That where property, real or personal, has been injured or destroyed by the enemy, or the owner thereof has been deprived temporarily of the use thereof, or in the case of real estate, of the means of cultivating the same by reason of the presence or proximity of the enemy, the assessment on such property shall he reduced in proportion to the damage sustained by the owner, or the tax assessed thereon may be reduced in the same ratio by the district collector on satisfactory evidence submitted to him by the owner or assessor. But in no case shall the tax on such real estate employed in the production of supplies exceed in amount the value of the supplies so produced during the year for which such taxes shall be levied."

Mr. Dupré moved to amend the amendment by striking out the last clause, commencing with the word "But."

The amendment to the amendment was agreed to.

The amendment as amended was agreed to.

Mr. Logan submitted the following amendment:

After the amendment just adopted insert the following: "Provided, That the families of soldiers in the Army and those soldiers discharged or relieved from active service in the field on account of physical disability, and whose families are composed entirely of white members, whose farms are cultivated exclusively by the members of the family, shall not be liable to any tax in kind."

Mr. Snead called the question; which was ordered.

Mr. Logan demanded the yeas and nays;

Which were ordered,

And recorded as follows, viz:
• Yeas ... 49
• Nays ... 10

Yeas: Anderson, Baldwin, Batson, Blandford, Branch, Bridgers, Horatio W. Bruce, Carroll, Clopton, Colyar, Conrad, Conrow, Cruikshank, Darden, De Jarnette, Farrow, Foster, Fuller, Funsten, Gaither, Garland, Gilmer, Hatcher, Herbert, Hilton, Holliday, J. M. Leach, Logan, Machen, Marshall, McMullin, Menees, Miles, Pugh, Ramsay, Rogers, Russell, Sexton, Simpson, J. M. Smith, W. E. Smith, Smith of North Carolina, Staples, Triplett, Turner, Wickham, Wilkes, Witherspoon, and Mr. Speaker.

Nays: Chrisman, Dickinson, Dupré, Ewing, Gray, Hartridge, Lyon, Perkins, Snead, and Villeré.

So the amendment was agreed to.

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Mr. Russell submitted the following amendment:

At the end of section 16 add the following: "Such Treasury notes shall hereafter be receivable in payment of public dues, according to the provisions of existing laws, and the faith of the Government shall remain pledged as at present for the payment of them."

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

Mr. McMullin submitted the following amendment:

Insert the following as an independent section, to come in after the sixteenth section:

"Provided, That the States and districts not now paying taxes shall, upon the independence of the Confederate States, contribute their proportion of said taxes, which shall have accrued during the pendency of this war according to the ad valorem principle."

Mr. Turner demanded the yeas and nays; which were not ordered, and the amendment was not agreed to.

Mr. Herbert submitted the following amendment:

Insert the following as an independent section between the sixteenth and seventeenth sections:

"Whenever cotton or tobacco belonging to any citizen of this Confederacy has been impressed or taken by order of a general commanding a military department for the use of the Government previous to the passage of this act, the same shall be placed to his credit on account of any cotton or tobacco which may be impressed under the provisions of this act."

Mr. Herbert demanded the yeas and nays; which were not ordered, and the amendment was not agreed to.

Mr. Herbert moved to reconsider the vote by which the amendment was rejected; which motion prevailed, and the amendment was agreed to.

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

The President may prescribe all necessary and proper regulations to carry this act into effect;
which amendment was not agreed to.

Mr. Smith of North Carolina moved to amend the seventeenth section by striking out the word "President" and inserting in lieu thereof the words "Secretary of the Treasury;" which amendment was agreed to.

On motion of Mr. Menees,

The House adjourned until 11 o'clock to-morrow.

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