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Journal of the Congress of the Confederate States of America, 1861-1865 (Volume 4) online

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in the Provisional Army of the Confederate States of America:

First lieutenants arid aids-de-camp.

Thomas M. Hanckel, of South Carolina, to be aid to Lieutenant-General Hardee,
vice Lieutenant Wilkins, resigned, to rank from January 14, 1865.

Richard Beale, of Virginia, to ))e aid to Brigadier-General Beale (an original
vacancy), to rank from Fel)rnary 1, 1.SH5.

E. S. Bryan, of Nortli Carolina, to be aid to Brigadier-tTcnerai Levcnthorpc (an
original vacancy), to rank from February 3, 1865.

Henry C. Creel, of Virginia, to be aid to Brig. Gen. W. L. Jackson (an original
vacancy), to rank from February ',i, 1865.

I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,
To His Excellency Jefferson Davis, Secretary of War.

President, etc.
Executive Department, Richmond, February 28, 1865.
To the Senate of the Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate Capt. R. C.
Gilchrist, of South Carolina, to be major of artillery in the Provisional Army of the
Confederate States of America, under act approved January 22, 1862.

JEFFERSON DAVIS.
No. 227.] War Department, Richmond, February 25, 1865.

Sir: I have the honor to recommend the nomination of Capt. R. C. Gilchrist, of
South Carolina, to be major of artillery (under act approved January 22, 1862) in
the Provisional Army of the Confederate States of America, for duty in Department
of South Carolina, Cieorgia, and Florida, to rank from February 18, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

To His Excellency Jefferson Davis, ^''''^''"■I "-^ "'"''■

President, etc.

Executive Department, Richmond, February 28, 1865.
To the Senate of the Confederate State.'':

Agreeal)ly to the recommendation of the Secretary of War, I nominate Lieut. M. P.
Taylor, of North Carolina, to be promoted to captain of artillery, for ordnance duty,
in the Provisional Army of the Confederate States of America.

JEFFERSON DAVIS.



Mar. 1, 1865.1 SENATE. 625

No. 232.] Wau Department, Richmond, February 27, 1865.

Sir: I have the honor to recommend the nomination of Lieut. M. P. Taylor, of
North C'arohna, to be promoted to eaptain of artillery, for ordnance duty, in the
Provisional Army of the Confederate States of America (an original vacancy), report
for duty to Chief of Ordnance, to rank from February 21, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Richmond, February 38, 1865.
To the Senate of the Confederate States:

Agreealily to the recommendation of the Secretary of War, I nominate Lieut. Col.
Richard Morton, of Virginia, to be colonel Niter and Mining Corps, Provisional
Army of the Confederate States of America.

JEFFERSON DAVIS.

No. 228.] War Department, Richmond, February 25, 1865.

Sir: I have the honor to recommend the nomination of Lieut. Col. Richard
Morton, of Virginia, to be promoted to colonel Niter and Mining Corps, Provisional
Army of the Confederate States of America, vice Colonel St. John, appointed Com-
mij^sary-General, to rank from February 17, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

Executive Department, Richmond, February 28, 1865.
To the Senate of tlie Confederate States:

Agreeably to the recommendation of the Secretary of War, I nominate the officers
on the accomi^anying list to the grades affixed to their names, respectively.

JEFFERSON DAVIS.
No. 225.] War Department, Richmond, February 25, 1865.

Sir: I have the honor to recommend the following nominations for promotion in
the Provisional Army of the Confederate States of America:

Quartermasters — majors.

Capt. Charles jNIorris, of Virginia, to be major (report for duty to the Quartermas-
ter-General), to rank from February 15, 1865.

Capt. J. M. Hanger, of Virginia, to Vje major, for duty with Cavalry Corps, Army
of Northern Virginia (an original vacancy), to rank from February 15, 1865.
I am, sir, respectfully, your obedient servant,

JOHN C. BRECKINRIDGE,

Secretary of War.
To His Excellency Jefferson Davis,

President, etc.

The messages were severally read.

Ordered., That they be referred to the Committee on Military Affairs.

The S(Miate resumed the consideration of the nominations of Charles
J. Munnerlyn, to be lietttenant-colonel, and William Footman, to be
major of Munnerh'n's (commissary) battalion; and

ReHolDed., That the Senate do advise and consent to their appoint-
ment, agreeably to the nomination of the President.

Mr. Baker, from the Committee on Post-Offices and Post-Roads, to
whom was referred (on the 28th ultimo) the nomination of Isaac Estell,
to be postmaster at Talladega, Ala., reported, with the recommenda-
tion that .said nomination be confirmed.

The Senate proceeded to consider said report; and in concurrence
therewith, it was

c J— vol 4—04 40



626 JOURNAL OF THE [Mar. l, 1865.

ResoVoed^ That the Senate do advise and consent to the appoint-
ment, agreeably to the nomination of the President.

The Senate resumed the consideration of the nominations of William
H. Capers and C. C. Morgan, to be aids-de-camp, with the rank of
first lieutenants; and it was

Resolved., That the Senate do advise and consent to their appoint-
ment, agreeal)ly to the nomination of the President.

Mr. Wigfall, from the Committee on Military Aflfairs, to whom
were referi-ed (on the 28th ultimo) the nominations of R. L. Walker,
to be brigadier-general; W. Nelson, D. G. Mcintosh, F. Huger, and
W. J. Pegram, to ])e colonels; John Lane, John C. Haskell, W. M.
Owen, W. E. Cutshaw, K. M. Stribling, M. Johnson, and R. P. Chew,
to be lieutenant-colonels, and H. M. Ro.>5S, T. J. Kirkpatrick, W. J.
Dance, W. W. Parker, B. C. Manly, T. A. Brander, S. T. Wright,
N. A. Sturdivant, J. F. Hart, P. P. Johnston. James W. Thomson, and
M, F. McGregor, to be majors of artillerv (under act approved
January 22, 1862); Ed. N. Thurston, to be major; W. M. Fontaine,
J. L. Scales, A. Edwards, W. L. Randolph, W. M. iVrcher, S. H.
Starr, James E. Webb, and Louis Zimmcr, to be captains; N. M.
Os))orne, »T. T. Allyn, J. Howard Smith, A. M. Aiken, and William
Gl(>nn, to be first lieutenants of artillery, for ordnance duty; T. IL
Herndon, to be colonel; J. C. Timbcrlake and G. M. Norment, to be
lieutenant-colonels; and D. C. Hatcher, to be major; William E.
Faison, B. E. Coltrane. and James ,). Hatcher, to l)e captaijis; T. F.
Henry, to be major in the Adjutant-General's Department; Frank T.
Forbes, R. Burns, Thomas H. McKoy, F. L. Smith, to be commis-
saries, with the rank of major; John Denham, G. S. Barthelmess,
B. W. Cooke, J. W. Primrose, and E, W. Mikell, to be assistant com-
missaries, with the rank of captain; and John R. Leigh, to be surgeon,
reported, with the reconmiendation that all of said nominations be
confirmed.

The Senate proceeded to consider said report; and in concurrence
therewith, it was

Resolved^ That the Senate do advise and consent to their appoint-
ment, agreeably to the nomination of the President.

The Senate resumed the consideration of the resolution submitted
(on the 25th ultimo) by Mr. Wigfall, from the Committee on Military
Affairs, declaring that Maj. Gen. Stephen D. Lee, having been
appointed lieutenant-general under the act of February 17, 18()4, and
having been relieved from the dischai'ge of the duties in the conunand
to which he was appointed, can not be confirmed Ijy the Senate to the
said command, but must now resume his former rank in the service;
and

I'he resolution was agreed to.

On motion by ls\x. Burnett,

Ordered., That the Secretary of the Senate furnish the President of
the Confederate States with a copy of said resolution.

On motion by Mr. Baker,

The Senate resolved into secret legislative session.



Mar. 2, 1865.] SENATE. 627

THURSDAY, March 2, 1865.

OPEN SESSION.

A message from the House of Representatives, by Mr. Dalton:

Mr. President: The House of Representatives have passed bills of the following
titles; in which they request the concurrence of the Senate:

H. R. 230. An act to amend an act to provide revenue from commodities imported
from foreign countries, approved May 21, 1861;

H. R. 288. An act authorizing the promotion of officers, noncommissioned officers,
and privates for distinguished valor and skill, or for peculiar competency and general
merit; and

H. R. 395. An act to regulate the compensation of the State collector of Virginia.

The House of Representatives disagree to the amendments of the Senate to the
bill (H. R. 350) to diminish the number of exemptions and details, ask a conference
on the disagreeing votes of the two Houses thereon, and have appointed Mr. Miles,
Mr. Pugh, and ]\Ir. Sexton managers at said conference on their part.

The Speaker of the House of Representatives having signed an enrolled bill, I am
directed to bring it to the Senate for the signature of their President.

Mr. Watson (hy leave) introduced

A bill (S. 215) to appropriate money to pay the expenses of the
Joint Select Committee on the Subject of the Treatment and Exchange
of Prisoners;

which was read the lirst and second times and considered as in Com-
mittee of the Whole; and no amendment being proposed, it was
reported to the Senate.

Ordered., That it be engrossed and read a third time.

The said bill was read the third time.

Resolved., That it pass, and that the title thereof be as aforesaid.

Ordered., That the Secretary request the concurrence of the House
of Representatives therein.

Mr. Wigfall, from the Committee on Military Aflfairs, to whom was
referred the amendment of the House of Representatives to the bill
(S. 191) to abolish the office of all officers engaged in discharging the
duties of provost-marshals, except within the lines of an arni}^ in the
field, reported it with an amendment.

The Senate proceeded to consider the amendment of the House of
Representatives to the said bill; and the reported amendment having
been agreed to,

Resolved^ That the Senate concur in the amendment of the House of
Representatives to the bill (S. 191) last mentioned, with an amendment.

Ordered., That the Secretaiy request the concurrence of the House
of Representatives in the amendment.

Mr. Wigfall. from the Committee on Militar}^ Affairs, to whom was
referred the bill (S. 213) to provide for the organization of the Bureau
of Inspection, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill.

On motion bv Mr. Wigfall, to amend the bill b}- inserting after
"of," section 2, line 3, the words "major-general,"

It was determined in the affirmative.

No further amendment being proposed, the bill was reported to the
Senate and the amendment was concurred in.

Ordered., That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved^ That it pass, and that the title thereof be as aforesaid.



628 JOURNAL OF THE [Mar. 2, 1865.

Ordered^ That the Secretary request the concurrence of the House
of Representatives therein.

On motion Ijy Mr. Wigfall,

Ordered^ That the Committee on Military Affairs be discharged
from the further consideration of the message of the President of tlie
Confederate States of yesterday, communicating reports of various
military operations, and that it lie upon the table.

Mr. Orr submitted the following resolution; which was considered
and agreed to:

Resolved, That the Committee on Military Affairs be instructed to inquire into the
expediency of providing by law for vacating the commissions of such general officers
as have no coniinands or who may be regarded unfit for command on account of
inefficiency or incompetency.

Mr. Johnson of Missouri, from the Committee on Indian Affairs, to
whom was referred the bill (H. R. 393) to provide for paying, in cot-
ton, the annuities due the Seminole, Creek, Choctaw, and Chickasaw
nations of Indians, reported it without amendment.

The bills received this day from the House of Representatives for
concurrence were severally' read the ffrst and second times; and

Ordered^ That the bills numbered 230 and 395 be referred to the
Connnittcc on Finance and the bill numbered 288 to the Committee on
Military Affairs.

Th<^ Senate proceeded to consider their amendments, disagreed to by
the House of Representatives, to tlie bill (H. R. 35<>) to diminish the
num])er of exemptions and details; and

On motion by Mr. Orr,

Resolved^ That the Senate insist on their amendments to the said
bill, and agree to the conference asked by the House of Representatives
on the disagreeing votes of the two Houses thereon.

On motion of jNIr. Orr,

Oi'dend^ That the committee of conference on the part of the Senate
be appointed by the President pro tempore; and

Mr. Orr, iNIr. Caperton, and Mr. Burnett were appointed.

()rder<d^ That the Secretary inform the House of Representatives
thereof.

Mr. Caperton, from the committee, reported that they had examined
and found truly enroHed ])ills of the following titles:

S. 117. An act to authorize the commanders of the reserves in each
State to order general courts-martial and to revise the proceedings of
courts-martial and militar}' courts;

S. 169. An act to abolish the office of certain quartermasters and
assistant (|uartermasters, connnissaries and assistant conmiissaries, and
to provide for the appointment of bonded agents in said departments;

H. R. 348. An act to increase the compensation of marshals, criers,
jurors, and witnesses;

II. R. 371. An act to relieve agriculturists exempted and detailed
under the act of February 17, 1864, in certain cases;

H. R. 381. An act to provide for the redemption of the old issue of
Treasury notes held by certain Indian tribes; and

II. R. 3S3. An act to require noncommissioned officers and privates,
held as prisoners of war, to be paid upon their individual certificates,
supported by oath.

The President pro tempore having signed the enrolled bills last
reported to have been examined, they were delivered to the Secretar}'



Mar. 2,1865.] SENATE. 629

of the Senate and by him forthwith presented to the President of the
Confederate States for his approval.

A message from the President of the Confederate States, b}^ Mr.
B. N. Harrison, his Secretary:

Mr. President: The President of the Confederate States, on the 28th ultimo, approved
and signed the following acts:

S. 129. An act to provide for the employment of free negroes and slaves to work
upon fortifications and perform other labor connected with the defenses of the coun-
try; and

S. 170. An act to increase the number of acting midshipmen in the Navy, and to
prescribe the mode of appointment.

Ordered., That the Secretary inform the House of Representatives
thereof.

A message from the House of Representatives, by Mr. Dalton:

Mr. President: The House of Representatives have passed bills of the following
titles; in which they request the concurrence of the Senate:

H. R. 320. An act to change the mode of filling vacancies among commissioned
officers of companies, battalions, and regiments;

H. R. 323. An act to provide payment for horses killed or lost in the service of the
Confederate States;

H. R. 396. An act to organize a military court for western North Carolina;

H. R. 398. An act making an ai)i)ropriation for the purchase of a percussion-cap
pressing machine; and

H. R. 399. An act to authorize the Secretary of War to purchase a percussion-cap
pressing machine.

On motion by Mr. Wigfall,

Ordered, That the Committee on Militar}" Affairs be discharged from
the further consideration of the message of the President of the Con-
federate States communicating an estimate of the amount necessary for
the construction and repair of raih'oads necessary for military pur-
poses, and that it be referred to the Conunittee on Finance.

The Senate resumed the consideration of the amendment of the House
of Representatives to the bill (S. 208) to provide for returned prisoners
of war; and

On motion by Mr. Burnett,

Besolved, That they concur therein.

Ordered., That the Secretary inform the House of Representatives
thereof.

The residue of the bills (H. R. 320, 323, 390, 398, and 399) received
this day from the House of Representatives for concurrence were sev-
erall}' read the first and second times and referred to the Committee
on Military Affairs.

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 379) to levy additional taxes for the year 1865,
for the support of the GoAernment.

On the question to agree to the first reported amendment, to wit:
Strike out all of the bill from the enacting clause to the fourth section
and insert:

That in addition to the taxes levied by the act approved February seventeenth,
eighteen hundred and sixty-four, entitled "An act to amend an act entitled 'An act
to lay taxes for the commoii defense and carry on the Government of tlic ("onfederate
States,' approved twenty-fourth April, eighteen hundred and sixty-three," there
shall be levied for the year eighteen hundred and sixty-five, on the subjects of taxa-
tion hereinafter mentioned, and collected from every person, copartnership, associa-
tion, or corporation liable therefor, taxes as follows, to wit:

I. Upon the value of all ]>roperty, real, personal, or mixed, of every kind and
description, not hereinafter exemjited or taxed at a different rate, five ]jer cent. The
value of the property taxed under this section shall be assessed on the basis of the



630 JOURNAL OF THE [Mar. 2, 1865.

market value of the same, or similar property in the neighborhood where assessed,
in the year eighteen hundred and sixty; and it is hereby declared that all the {irop-
erty and assets of corporations, associations, or joint stock conijjanies, whether
incorporated or not, shall be assessed and taxed in the same manner, and to the sauie
extent, as the property and assets of individuals. The tax on such property and
assets to be assessed against and paid by such corporations, associations, or j(jint
stock companies: Provided, That no bank or banking company shall be liable to pay
a tax on deposits of money to the credit of, and subject to, the checks of others:
And provided further, That the stock or shares representing property or assets in cor-
porations, associations, or joint stock comi>anies shall not be assessed or taxed as
property under this act; but the dividends derived therefrom shall be subject to be
taxetl as income under existing laws.

II. Uijon the amount of all gold or silver coin, and upon the amount of all moneys
held abroad, or l)ills of exchange drawn therefor, promissory notes, rigiits, credits,
and securities, j)ayal»le in foreign countries, and upon the value of all gold dust, or
gold and silver bullion, valued in specie, twenty per cent, and upon the value of gold
and silver wares, plate, jewels, jewelry, and watches, valued on the basis of the value
of such property in the year eighteen hundred and sixty, ten per cent.

III. Upon the amount of all mone3'S, except those mentioned in paragraph two,
bank l)ills, Treasury notes, and other paper issued as currency, on hand or on deposit
on the day of the approval of this act, five per cent.

IV. Upon the amount of all solvent credits, except those mentioned in paragraph
two, five i)er cent : J'rorided, That all the bonds and stocks issued by the Confederate
States, or by any State, and all loans to the Government of the Confederate States,
shall be exempt from taxation, except as to the interest payable thereon, which shall
be taxed as income, under existing laws: I'roritied fifrllwr, That the interest on the
bonds, stocks, or obligations of the Confederate States, or of any Stiite, shall not be
taxed as income in cases where the acts under which they were issued contain a
stipulation that the interest thereon shall Ije exempt from taxation.

V. L'i)on ])rotit.s made l)y buying and selling merchandise, effects, or property of
any description, or money, gold, silver, stocks, credits, or obligations of any kind, at
any time l)etween January first, eigliti-cn hundred and sixty-five, and January first,
eighteen hundred and sixty-six, ten pi-r cent in addition to the tax on such profits as
income. Said profits to be ascertained by the difference between the jtrice paid in
Confederate Treasury notes, including all costs and charges, and the price realized in
the same currency: Provided, That if the objects of sale were j)ur(hased at any time
since January first, eighteen hundred and sixty-three, this additional tax shall attach
on the profits realized on the sale thereof during the year eighteen hundred and
sixty-five.

VI. Upon the amount of profits exceeding twenty-five per cent made during the
year eighteen hundred and sixty-five by any bank or banking company, insurance,
canal, navigation, importing or exporting, telegrai)h, exj)ress, railroad, mamifactur-
ing, mining, dry dock or other joint stock coni]>auy, of any description, whether
incorporated or not, twenty-five percent: J'rovided, That this tax shall apply to iiidi-
vi<luals and partnerships engaged in trade, or any l)usiness or employment enumer-
ated in this paragraph, as well as to cori>i)rations or joint stock companies.

Skc 2. That the ])roperty, the income and moneys, of ho.spitals, asylmns, churches,
schools, colleges, and charitable institutions, shall be exempt from taxation under the
I)rovisions of this act, or any other law. All property within the lines of the enemy
shall beexempt from taxation so long as it remains within such lines, butanj^ncome
derived therefrom shall be taxed as income under existing laws. The exemptions
enumerated in jjuragraphs one, two, and three of section five of the act entitled "An
act to levy additional taxes for thecommon defense an<l support of the Government,"
approved seventeenth February, eighteen hundred and sixty-four, are hereby reen-
acted. Household furniture, where the value does not excetnl three hundred dollars
on the basis of the value thereof in the year eighteen hundred and sixty; wearing
apparel; goods manufactured by any person for the use and consumption of his family,
including slaves; poultry, fruit and the products of gardens, when said poultry, fruit
and products are raised for the family of the producer, and not for sale; corn, bacon,
anil otlier agricultural products, which were produced in the year eighteen hundred
and sixty-four, and necessary for the taxpayer's family, including slaves, during the
present year, and in his possession on the day of the approval of this act.

Sec. 3. That the taxes on property for the year eighteen hundred and sixty-five,
imposed by this act, shall be assessed as on the day of the approval of this act, and
be due and collected on the first day of June next, or as soon thereafter as jiractica-
ble. The additional taxes on profits f<ir tlu^ year eighteen hundred and sixty-five
shall be assessed and collected according to the jirovisions t)f existing laws in regard
to the assessment and collection of taxes on income. And all the taxes imposed by



Mar. 2, 1805.] SENATE. 631

this act, as well as the taxes on incomes and profits, shall be payable in Confederate
Treasury notes of the new issue, or in the certificates of indebtedness authorized by
an act entitled "An act to reduce tlie currency and to authorize a new issue of
notes and Ijonds," approved seventeenth February, eighteen hundred and sixty-four,
at par, without any allowance for interest, except that the tax for the pay of soldiers
shall be payal)le in Treasury notes only.

Sec. 4. That upon all the subjects of taxation mentioned in this act and the act
approved seventeenth February, eighteen hundred and sixty-four, entitled "An act
to amend an act entitled 'An act to lay taxes for the common defense and carrj^ on
the (lovernment of the Confederate States,' app)roved twenty-fourth April, eighteen
hundred and sixty-three," there shall be levied and assessed for the year eighteen
hundred and sixty-five an additional tax in money, equal to one-fifth of the amount
of the tax on the same subjects imposed for the year eighteen hundred and sixty-five
by this act and the said act of seventeenth February, eighteen hundred and sixty-
four, which tax shall Ije payaljle in Confederate Treasury notes of the new issue only,
and shall be assessed and collected at the same time with the other taxes; and the



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