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

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Treasury for the Trans-Mississippi Department be, and he is hereby, autliorized to
issue, under regulations to be prescribeti by the Secretary of the Treasury, the cer-
tificates of indebtedness provided for in the said act of seventeenth February,
eighteen hundred and sixty-four, for debts contracted in the Trans-Mississippi Depart-
ment prior or subsequent to the passage of said act of seventeenth February,
eighteen hundred and sixty-four, and that all the certificates above mentioned shall
be received in payment of said taxes at their market value in specie as aforesaid;
subject, however, to the condition above mentioned, that one-half of said taxes are
to be paid in Treasury notes.

Sec. 6. That the taxes mentioned in paragraphs three, four, five, and six of sec-
tion one of this act, and all the money taxes imposed by the act approved seven-
teenth February, eighteen hundred and sixty-four, entitled "An act to aiuend an
act entitled 'An act to lay taxes for the common defense and carry on the Govern-
ment of the Confederate States,' approved April twenty-fourth, eighteen hundred
and sixty-three," shall be paid in Confederate States Treasury notes of the new issue
only at par.

Sec. 7. That the State collector of taxes of each State shall, immediately after
the passage of this act, appoint three discreet persons in each Congressional district
in his State, who shall take and subscribe an oath before some officer authorized to
administer the same, for the true and faithful performance of their duties under this
act (which oath shall be deposited with such collector), and who shall meet on the
fifth day preceding the first day of June next, at such places in their district as they
or any two of them may agree upf)n, and shall ascertain and declare the market
value in specie of Confederate Treasury notes and certificates of indebtedness, and
shall immediately make out a written declaration of the same, and transmit a cojty
of the same to the collector of each county, parish, or district in their Congressional
district, and also a copy to the State collector, on or before the first day of June; and
thereafter said persons shall, on the fifth day before the expiration of each succeed-
ing month, again meet, and ascertain and declare the vahies aforesaid, and make out
and transmit copies of the same as aforesaid; and the values so ascertained anc'
declared shall l)e at the rate at which said evidences of Government indebtedness
and Treasury notes shall be receivable by collectors in payment of taxes during the
month inunediately succeeding such declaration: Proiided, That the governor of any
State may appoint one of the three jiersons in each Congressional district as above
mentioned, in case he make such appointment on or before the first day of May next.



646 JOURNAL OF THE [Mar. 4, 1865.

Sec. 8. That the act approved seventeenth Februarj% eighteen hundred and sixty-
four, entitled 'An act to levy additional taxes for the common defense and support
of the Government," in so far as the same can be construed as imposing taxes for the
year eighteen hundred and sixty-five, or any other than the year eighteen hundred
and sixty-four, is hereby repealed.

On motion by Mr. Barnwell, to amend the reported amendment by
striking out "one-half," section 1, line 11, and inserting "'one-third,"

It was determined in the affirmative.

On motion by Mr. Orr,

Ordered., That there be a call of the Senate.

The roll having Ijeen called, and the absentees again called, it appeared
that the following Senators were absent without leave, viz:

Henry C. Burnett, Augustus H. (xarland, Landon C. Havnes, George
G. Vest, Richard W. Walker, and Louis T. Wigfall.

On motion by Mr. Johnson of Georgia,

Ordered., That Mr. Walker be excused for nonattendance.

On motion by Mr. Maxwell,

Ordered., That the Sergeant-at-Arms be directed to request the
attendance of absent Senators.

On motion b}' Mr. Oldham,

Ordered., That he have leave of absence from the Senate Chamber,
temporarily.

On motion by Mr. Orr,

Ordered., That all further proceedings under the call be dispensed
with.

The question then recurred on agreeing to the amendment reported
from the Committee on Finance, as amended; ajid

On motion by Mr. Maxwell, to amend the amendment by striking
out ''one-third of one per cent,'' section 1, line 11, and inserting:

ten per cent: Provided, That from the ten per cent tax on the value of property
emj>loyed in agriculture shall be deducted the value of the tax in kind derived
therefrom during the same year, assessed on tiie basis of the value of the articles
sul)jc(t to the tax in kind on the first day of July, eighteen hundred and sixty, and
delivere<l to the Government, whether delivered during the year or afterwards,
including the bacon deliverable after and not prior to the assessment of the tax on
property emi)loyed in agriculture as aforesaid; and the assessors of the tax in kind
shall, at the same time that they assess the i)resent value of the tax in kind for the
purpose of enforcing its collection and dehvery, l)e also authorized and recjuired to
assess the specie value thereof on the first <lay of July, eighteen hundred and sixty,
for the purpose of ascertaining and fixing the amount of the credit on the property
tax imjKwed by this section; and it shall l)e the duty of the post quartermaster to
certify, and of the district colle(;tor to deduct, the specie value of the tithe as afore-
said; and the collection of three per cent of the tax on the value of property employed
in agriculture imposed l>y this section shall be suspended l)y the Secretary of the
Treasury aft**r the assessment until the specie value of the tithe lus afore.said can l>e
ascertained. The terms properlii rmploi/eil iti <t;/iicnltareHha\\ be construed to include
the entire farm or plantation, any part of which may be in cultivation, and all the
slaves, stock, teams, and farming utensils thereon.

It was determined in the negative, -I i^ ,' . q

On motion by Mr. Orr,

The yeas and nays )>eing desired by one-fifth of the Senators present.

Those who voted in the affirmative are,

Messrs. Baker, Caperton, Graham, Hunter, Johnson of Georgia,
Maxwell, and Orr.

Those who voted in the negative are,

Messrs. Barnwell, Brown, Henry, Johnson of Missouri, Oldham,
Semmes, Simms, Watson, and Wigfall.



Mar. 4, 1865.] SENATE. 647

On motion by Mr. Johnson of Georgia, to amend the amendment b}^
striking out the words " the market value of the same or similar prop-
erty in the neighborhood where assessed, in the year eighteen hundred
and sixty," section 1, lines 12, 13, and 14, and inserting the words " its
present specie value,"

It was determined in the negative.

On motion by Mr. Simms, to reconsider the vote on disagreeing to
the amendment proposed b}^ Mr. Johnson of Georgia,

It was determined in the negative.

On motion by Mr. ,[ohnson of Georgia, to reconsider the vote on
agreeing to the following amendment proposed to the reported amend-
ment by Ml-. Barnwell, to wit: Strike out "one-half," section 1, line
11, and insert "one-third,"

It was determined in the affirmative, -^ T^T^^'^ ^

On motion by Mr. Johnson of Georgia,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Baker, Brown, Caperton, Graham, Hunter, Johnson of
Georgia, Maxwell, and Simms.

Those who voted in the negative are,

Messrs. Barnwell, Henry, Johnson of Missouri, Oldham, Orr,
Semmes, and Watson.

On the question to agree to the amendment proposed by Mr. Barn-
well,

It was determined in the negative.

On motion by Mr. Johnson of Georgia, to amend the reported
amendment by striking out "one-half," section 1, line 11, and insert-
ing "one-fourth,"

It was determined in the affirmative.

The repoi'ted amendment as amended was then agreed to.

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

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

The said bill as amended was read the third time.

On the question.

Shall the bill now pass?

( Yeas - 9

It was determined in the affirmative, j kt ^^ ^

On motion by Mr. Baker,

The 3^eas and na3^s being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Barnwell, Brown, Henr}^ Johnson of Georgia, Oldham,
Orr, Semmes, Watson, and Wigfall.

Those who voted in the negative are,

Messrs. Baker, Caperton, Graham, Hunter, and Maxwell.

So it was

Resolved^ That this bill pass with an amendment.

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

On motion by Mr. Barnwell,

The Senate adjourned.



648 JOURNAL OF THE [Mar. 6, 1865.

MONDAY, March 6, 1865.

OPEN SESSION.

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

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

H . R. 342. An act providing for the auditing and payment of properly authenticated
claims;

H. K. 343. An act providing for the auditing and payment of properly authenticated
claims against the Cotton Bureau in the Trans-Mississippi Department;

H. R. 402. An act to make rules concerning captures on land;

H. R. 412, An act to authorize the President of the Confederate States to organize,
in the city of Richmond and county of Henrico, a volunteer force for temporary
defense;

H. R. 413. An act to amend the sequestration laws;

H. R. 33. Joint resolution for the relief of postmasters in certain cases; and

H. R. 34. Joint resolution for the relief of Alexander F. Kinney, Confederate
States depositary at Staunton.

And they have passed bills of the Senate of the following titles:

S. 162. An a,vX to amend an act entitled "An act to impose regulations upon the
foreign commerce of the Confederate States to provide for the public defense,"
approved February 6, 1864; and

S. 180. An act to amend an act entitled "An act to prevent the procuring, aiding,
and assisting persons to desert from the Army of the Confederate States, and forother
purposes," approved January 22, 1864.

The bill first named with an amendment; in which they ask the concurrence of the
Senate.

The House of Repre.sentatives insist upon their disagreement to the amendments
of the Senate to the bill (H. R. 3K4) for the relief of bonded agriculturists in certain
cases, agree to the conference asked by the Senate on the <lisagreeing votes of the
two Houses thereon, and have appointeil Mr. Anderson, Mr. Foster, and Mr. De
Jarnette managers at the said conference on their ])art.

Mr. Semme.s, from the Committee on Finance, to whom were
referred the following- bills:

H. K. 4(>7. An act to construe and declare more explicitly the mean-
ing of an act to increase the compensiition of the heads of the several
Executive Departments and the Assi.stant Secretarv of War and the
Treasiny and of the Assistant Attorne3^-(Tcneral and the Comptroller
of the Treasur}^ and other officers therein named^ approved fJune 14,
1864; and

H. R. 408. An act regulating the compensation of Government
officers, clerks, and employees in the city of Petersburg;
reported them severally, without amendment.

The Senate proceeded, as in Counuittee of the Whole, to the con-
sideration of the said ))ills; and no amendment being made, the}' were
severally reported to the Senate.

Ordered, That they pass to a third reading.

The said bills were severally read the third time.

Resolved^ That they pass.

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

Mr. Semmes, f roiu the Committee on Finance, to whom was referred
the bill (H. R. 40(5) to amend the acts to regulate the assessment and
collection of taxes in kind, reported it with amendments.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill; and the reported amendments having been
agreed to, the bill was reported to the Senate and the amendments were
concurred in.



Mar. 6, 1865.] SENATE. 649

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

The said bill as amended was read the third time.

Resolved,, That it pass with amendments.

Ordered^ That the Secretary request the concurrence of the House
of Representatives in the amendments.

Mr. Oldham (by leave) introduced

A joint resolution (S. 35) providing for donations to the Treasury
of the Confederate States; wiiich was read the first and second times
and considered as in Committee of the Whole;

and having been amended on the motion of Mr. Watson, the resolution
was reported to the Senate and the amendment was concurred in.

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

The said resolution 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 were
referred the following bills:

H. R. 294. An act to secure to sick and wounded officers the same
rights and privileges in obtaining leaves of absence as are now provided
by law for soldiers obtaining furloughs;

H. R. 295. An act authorizing hospital accommodations for treat-
ment, including subsistence, to certain officers and soldiers resigned,
retired, or discharged;

H. R. 404. An act further to amend the act to provide an inv^alid
corps, approved February 17, 1864; and

H. R. 410. An act making an appropriation for the construction
and repair of railroads for military purposes for the year 1865;
reported them severally, without amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bills; and no amendment being proposed, they
were severally reported to the Senate.

Ordered., That they pass to a third reading.

The said bills were severally read the third time.

Resolved, That they pass.

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

Mr. Wigfall, from the Committee on Military Affairs, to whom was
referred the bill (H. R. 258) to amend the act of February 7, 1863, so
as to allow comnuitation to soldiers for the war who have received no
furlough, reported it with an amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
"sideration of the said bill; and the reported amendment having been
agreed to, the 1)111 was reported to the Senate and the amendment was
concurred in.

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

The said l)ill as amended was read the third time.

Resolved., That it pass with an amendment.

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

The bill (H. R. 343) providing for the auditing and paj^ment of
properly authenticated claims against the Cotton Bureau in the Trans-



650 JOURNAL OF THE [Mar. 6, 1865.

Mississippi Department, received this day from the House of Repre-
sentatives for concurrence, was read the first and second times and
considered as in Committee of the Whole; and no amendment being
proposed, it was reported to the Senate.

Ordered^ That it pass to a third reading.

The said bill was read the third time.

Mesol'ved^ That it pass.

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

The residue of the bills and the joint resolutions received this day
from the House of Representatives for concurrence were severally
read the first and second times; and

Ordered, That the bills numbered 342, 402, 413 be referred to the
Committee on the Judiciary; the bill numbered 412 to the Committee
on Military Affairs; the joint resolution numbered 33 to the Committee
on Post-Offices and Post-Roads, and the joint resolution numbered 34
to the Committee on Claims.

Mr. Walker, from the Committee on the Judiciary, to whom was
referred the 1)111 (H. R. 244) to provide for the settlement of certain
matters of account growing out of purchases of propertv, as alleged
by the purchasers, for the use of the Government, by Payne & Co.,
in the State of Texas, reported it without amendment.

The Senate proceeded, as in Connnittee of the Whole, to the consid-
eration of the said bill; and no amendment being proposed, it was
reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the thiid time.

Resolved, That it pass.

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

On motion by Mr. Walker,

Ordered^ That the Committee on the Judiciary be discharged from
the further consideration of the bill (S. 158) to provide for the settle-
ment of certain matters of account growing out of purchases of prop-
ert3% as alleged b}- the purchasers, for the use of the Government, by
Payne & Co., in the State of Texas.

The Senate proceeded to consider the resolution of the House of
Representatives tixing a dav for the adjournment of the present ses-
sion of Congress; and

On motion by Mr. Vest, that the further consideration thereof be
postponed indetinitel}',

It was determined in the negative, j xr ^ q

On motion by Mr. Vest,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the afiirmative ai'e,

Messrs. Caperton, Henrv, Hunter, Johnson of Missouri, Vest, and
Wigfall.

Those who voted in the negative are,

Messrs. Barnwell, Graham, Johnson of Georgia, Maxwell, Oldham,
Orr, Semmes, Walker, and Watson.

On motion l)v Mr. Oldham,

Ordend, That the resolution lie upon the table.

On motion b}' Mr. Caperton,



Mar. 6, 1865.] SENATE. 651

The Senate resolved into secret legislative session.

The doors having been opened,

The Senate resumed, as in Committee of the Whole, the considera-
tion of the bill (H. R. 367) to increase the military force of the Con-
federate States; and

On motion by Mr. Caperton,

Ordered^ That the further consideration thereof be postponed to
and made the special order for to-morrow, at 12 o'^elock.

The Senate proceeded to consider the amendment of the House of
Representatives to the bill (S. 162) to amend an act entitled "An act
to impose regulations upon the foreign commerce of the Confederate
States to provide for the public defense," approv^ed Februarj^ 6, 1864;
and

Resolved^ That they concur therein.

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

Mr. Caperton, from the committee, reported that they had examined
and found truly enrolled bills of the following titles:

H. R. 389. An act to amend an act to authorize the appointment
of assistants to the Register in signing bonds and certificates, approved
February 11, 1863; and

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

The President pro tempore having signed the enrolled bills last
reported to have been examined, they were delivered to the Secretary'
of the Senate and by him forthwith presented to the President of the
Confederate States for his approval.

Mr. Baker, from the Committee on Post-Offices and Post-Roads, to
whom was referred the bill (S. 219) to regulate the payment of clerks
employed at the post-office in the city of Richmond, reported it without
amendment.

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

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

Mr. President: The House of Representatives disagree to the amendment proposed
by the Senate to the IMll (H. R. 379) to levy additional taxes for the year 1865, for
the supi)r>rt of the Government, ask a conference on the disagreeing votes of the two
Houses thereon, and have appointed Mr. Gilmer, Mr. Lyon, Mr. Russell, Mr. Ander-
son, and Mr. Hanly managers at the said conference on their part.

The Senate proceeded to consider their amendment, disagreed to by
tlio House of Representatives, to the bill (H. R. 379) last mentioned;
and

On motion bj^ Mr. Semmes,

Resolved^ That the Senate insist on their amendment 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 by Mr. Semmes,

Ordered, That the committee of conference on the part of the
Senate be appointed bv the President pro tempore; and



652 JOURNAL OF THE [Mar. 6, 1865.

Mr. Semmes, Mr. Oldham, and Mr. Graham were appointed.

Oi'dered^ That the Secretary inform tlie House of Representatives
thereof.

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

Mr. President: The President of the Confederate States, on the 2d instant, approved
and signed an act (S. 163) to authorize the appointment of additional officers in the
Engineer Corps.

Ordei'ed, That the Secretary inform the House of Representatives
thereof.

Mr. Walker was, on his motion, excu.sed from further service on
the joint committee appointed to prepare an address to the people of
the Confederate States.

Mr. Graham was, on his motion, also excused from farther service
on the said committee.

On motion b}^ Mr. Semmes,

Ordered^ That the President pro tempore appoint two members to
fill the vacancies existing in the committee; and

Mr. Wigfall and Mr. Watson were appointed.

Ordered^ That the Secretar}' inform the House of Representatives
thereof.

On motion of Mr. Barnwell,

The Senate adjourned.

SECRET SESSION.

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

3/r. I'rei^kh'ut : Tlie House of Representatives have jiassed a ])ill and joint resohi-
tion of the following titles; in which they request tiu' concurrence of the Senate:

H. R. 811. An act to i)rovide transportation for the otticers of either House of
Congress to their respective places of residence, and to increase, for a limited time,
their salaries; and

H. R. 32. Joint resolution in relation to the pay of Members of, and Delegates in,
and of the otlicers of both Houses during the recess of Congress.

The bill (H. R. 311) and tlie joint resolution (H. R. 32) received this
day from the House of Representatives for concurrence were sever-
ally read the lirst and second times and referred to the Committee on
Finance.

On motion by Mr. Caperton,

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the bill (H. R. 367) to increase the military force of the
Confederate States; and

On motion by Mr. Orr,

Ordered., That it be transferred to the Open Legislative Calendar.

Mr. Wigfall, from tlie C(nnmitte(> on Milit:iry Affairs, to whom was
referred the bill (11. R. 3(;i) to provide for the establishment of a
bureau of special and secret service, reported it without amendment.

The Senate proceeded, as in Committee of the Whole, to the con-
sideration of the said bill; and no amendment being proposed, it was
reported to the Senate.

Ordered^ That it pass to a third reading.

The said bill was read the third time.

On the question,

Shall the bill now pass?

It was determined in the affirmative, - \^^^ o

' I Nays 8



Mar. 6, 1865.] SENATE. 653

On motion by Mr. Graham,

The yeas and nays being- desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Brown, Caperton, Henry, Johnson of Missouri, Oldham,
Semmes, Simms, Vest, Watson, and Wigfali.

Those who voted in the negative are,

Messrs. Baker, Barnwell, Graham, Hunter, Johnson of Georgia,
Maxwell, Orr, and Walker.

ISo it was

Resolved., That this bill pass.

Ordered^ That the Secretar^^ inform the House of Representatives
thereof.

The Senate proceeded to consider the motion submitted by Mr.
Wigfali on the 24th ultimo, to reconsider the vote by which the Sen-
ate refused to pass to a third reading the joint resolution (H. R. 29)
in i*elation to the services of Manuel and Rafael Armijo and Julian
Tesorio; and

The motion was agreed to.

The Senate resumed the consideration of the said resolution; and

Ordered., That it pass to a third reading.

The said resolution was read the third time.

On the question,

Shall the resolution now pass?

It was determined in the affirmative, \^ / ^



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