Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1863-10-20
LssssLATuRE OF VIRGINIA.
EXTRA SESSION.
FRIDAY, OCTOBER IL, 1861.
SENATE.

Tho Senate vas called to order by tho Vic!
President-Mr. JcuS5e&, of Bedford.
Prayer by Rev. DR.. SPrigg, OF the Ep'scopa
Church.
go ELL PASSED.
Lnas, bill authorizing the Board of Pubic
Morris - modify the contract Of Stuart, bu
chan : Co. with Thomas r. Friend. wa;
taken up, the rules were suspended ana t"'
bill was passed.
arriving AND EoC1rp!SG THE MILITIA.
The Senate bill 10 arm and equip the militia
of the State, reported from the 1lonse
with several amendments, was LAID on the table
r,x,sc TOBACCO ~ ruE WAREHOUSES;.
A. communication was received from tns
Governor, enclosing several documents, ~hlct
were read, laid on the table, ordered to Of
printed, and referred TO the Commlttee on Con
federate Relations. We annex a portion "
these papers:
EXECUTIVE DEPARTMENT,
RIcn9oSD, Va, Oct. l6, 1863.
Gentlemen Of the Senate and House OF Des'
gates:
The papers herewith transmitted, mum
bered from one TO six, inclusive, reIste 10 SUD
jects Of very great Importance ana 'hey are
Communicated at the request OF the secretary
of the Treasury. | caunos concur IN the vie"
presented by THAI officer OF the Confederate
Government and cannot, therefore, recon-
mend the appropriation OF the money necessa'
ry to carry out the object specified.
We hare tobacco warehouses, at which in
snecrions arc made, at Richmond. Petersburg,
Farmville, %Lynchburg, Danville, and perhap:
other places, aud the amount Of tobacco stored
in each is at this time very large. Dibrell:
warehouse, in this city, is one Of the smallest
and on reference to one Of the papers onlmu
nicated, it will be seen that the amount o.
taxes claimed on tobacco therein stored
amounts to $45,lS7 20. Taking this rs the
basis Of calculation, it will be found that the
amount necessary 70 be appropriated, il the
views Of ,.e Secretary are adopted, will ex-
coed a ha.f million Of dollars.
The inspectors Of tobacco are responsible 70
the State, under the laws which cScarlydeEne
their duties, and aii!x the proper penalties tol
a violation Of their provisions. Their powers
and duties can neither DC enlarged nor re-
stricted by Congressional Lee Station. They
are State officers, duly appointed, commission
ed and qualified for s~I.ecifc purposes, all OF
which are defined in the law which created
them. They are anienabic 10 the State, and
II no other authority whatever.
The line Of separation between Confederate
and State authority is plain. distinct and wei
defined. The SAFES are the sovereigns-t!lc
Confederate Government is the creature, call
ed into existence by those s)vereigns. The
States retain oil power which has not been
specifically delegated to the Confederate Gov
eminent, or winch is not necessary to carry
into effect the delegated powers. Every cili'
zen owes allegiance 10 his State and fidelity II
the Confederate Government. Every State Of
fGer is responsible to his State, while every
Confederate officer is responsible 10 the Con-
federate Government. Keeping these principles
clearly in view, the two governments can move
on tremendously, and Ill conflicts will be
avoided. If the great doctrines Of State;
Rights are fully respected, harmony and con
cert between the two governments will most
certainly be secured.
The opinions oI the Attorney General or
this point is, in my Judgment, conclusive, and
10 it | respectfully invite your attention.
believe the proper construction Of the 2ct o.
Congress is, that each individual owner Of tho
tobacco is liable for the tax, and that, in Civ.
ing in a list Of his other taxable property, he
is required 70 give III the amount OF tobacco
owned BY him, no matter where il is stored,
whether in his own barn or in q public ware
house, and that the tax thereon Is colicctablc
from. him, and him only.
/ regret that | cannot concur with the Be.
cretary in this matter, and make the recon,
mendasion he desires. IL has been q source OF
much satisfaction TO me to know, that in al
most everything else which has been presented
to me for concurrent action by the Confede.
rate authorities, | have been able to unite
with them and to aid them in c~ffecting the
object desired. do not think IL would be
wise in the Legislature to make the apprOpri-
ation suggested, nor DO | think it necessary IL
do so 70 insure the collection of the taxes. IL
is easy f,r the Confederate officer 10 take 4
list OF the tobacco, with the names and resi-
dences Of the owners. aud Furnish this intor-
nation 10 the collectors Of the several cUun-
tics.
In conclusion. I call your attention to an
other opinion Of the Attorney General in re
gard to a proposition of the Secretary of the
Treasury, 10 tax the States revenue on DE-
post in the banks on the ETst Of July last
The opinion Of the Attorney i very able, and
| concur with him IN the argument and the
conclusion he has arrived at. The claim Of
right to tax the STATE r";cEUs is most extra
ordinary, and without parallel in the history
of this COMMONWEALTH.
Respectfully, &c. ,'cHS LITcHER.
T.Easugr DEPARTMENT.
RicEsoSD, October ID, 1863.
Hi. Excellencv, JouH LrTcHER, Governor Of
the State Of Virginia:
Sir-I respectfully AK your attention to q
communication from tho Commissioner OF
Taxes, of which a COPY is herewith submitted.
I have no doubt your Excellency..will, with
your accustomed patriotism, unite in any
measures which arc calculated to promote the
nublic interest. and this end will certainly he
turthered BY the avoidance, at the present
time, of Questions ofiurisdiction. 1t lis equal
ly the interest III she State and Confederate
Governments that the taxes imposed should be
promptly paid, and that any mere formal OBJ
structions to such payment should be set aside.
The tax on produce stored at large warehouses
can be collected with so much moro certainty
and convenience through the warehouse men,
and with 30 little Inconvenience to the owner,
that Congress has authorized that course. This
communication OF the Commissioner OF Taxes
noints out a difficulty arising from a local law,
which can easily be removed by the action of
the State Legislature.
Allow me. respectfully, to request that you will
bring the subject 10 the attention of that body,
now in session, and ask such modification of the
law as will remove the embarrassment
Very respectfully,
C. G. MEMMINGER,
Secretary Of the Treasury.
ELL TO REGULATE PRICES.
The bill to regulate prices was taken up,
the question being on the motion TO strike out
the first section Of the bill.
Mr.. PETERS, of Washington county, opposed
the bill. lie believed that all legislation on
~; a.ar.;nn was Ealsn In theory. and in nrac.