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The Statutes at Large of the Provisional Government of the Confederate States of America,
from the Institution of the Government, February 8, 1861,
to its Termination, February 18, 1862, Inclusive. Arranged in Chronological Order.
Together with the Constitution for the Provisional Government,
and the Permanent Constitution of the Confederate States,
and the Treaties Concluded by the Confederate States with Indian Tribes:

Electronic Edition.

Confederate States of America.

Matthews, James M. (James Muscoe), b. 1822. Ed.


Funding from the Institute of Museum and Library Services
supported the electronic publication of this title.


Text transcribed by Apex Data Services, Inc.
Images scanned by Bryan Synche
Text encoded by Apex Data Services Inc. and Joshua G. McKim
First edition, 2001
ca. 2.5M
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
2001.

        © This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.

Source Description:
(title page) The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution of the Government, February 8, 1861, to its Termination, February 18, 1862, Inclusive. Arranged in Chronological Order. Together with the Constitution for the Provisional Government, and the Permanent Constitution of the Confederate States, and the Treaties Concluded by the Confederate States with Indian Tribes:
(uniform) Laws, etc. (Statutes at large of the provisional government of the Confederate States of America)
Edited by James M. Matthews
474p.
Richmond:
R. M. Smith, Printer to Congress.
1864

Call number 19conf (Rare Book Collection, University of North Carolina at Chapel Hill)


        The electronic edition is a part of the UNC-CH digitization project, Documenting the American South.

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Library of Congress Subject Headings, 21st edition, 1998

Languages Used:

LC Subject Headings:


Revision History:


        

Illustration


BY AUTHORITY OF CONGRESS.
THE
STATUTES AT LARGE
OF THE
PROVISIONAL GOVERNMENT
OF THE
Confederate States of America,
FROM THE
INSTITUTION OF THE GOVERNMENT, FEBRUARY 8, 1861, TO
ITS TERMINATION, FEBRUARY 18, 1862, INCLUSIVE.
ARRANGED IN CHRONOLOGICAL ORDER.
TOGETHER WITH
THE CONSTITUTION FOR THE PROVISIONAL GOVERNMENT,
AND THE PERMANENT CONSTITUTION OF
THE CONFEDERATE STATES,
AND
THE TREATIES CONCLUDED BY THE CONFEDERATE
STATES WITH INDIAN TRIBES.

EDITED BY

JAMES M. MATTHEWS
ATTORNEY AT LAW,
AND LAW CLERK IN THE DEPARTMENT OF JUSTICE.

RICHMOND:
R. M. SMITH, PRINTER TO CONGRESS.
1864.


Page iii

TABLE OF CONTENTS.


Page v

LIST
OF THE
PUBLIC ACTS AND RESOLUTIONS
OF THE
PROVISIONAL CONGRESS,
AND OF THE PROCLAMATIONS AND TREATIES
CONTAINED IN THIS VOLUME.


Page xvi

LIST
OF THE
PRIVATE ACTS AND RESOLUTIONS
OF THE
PROVISIONAL CONGRESS.


Page 1

        The Confederate States of America. At a Congress of the Sovereign and Independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana begun and holden at the Capitol in Montgomery, in the State of Alabama, on the fourth day of February, in the year of our Lord, one thousand eight hundred and sixty-one; and thence continued by divers adjournments, until the eighth day of February in the same year:

CONSTITUTION
FOR THE
PROVISIONAL GOVERNMENT
OF THE
CONFEDERATE STATES OF AMERICA.

        Constitution for Provisional Government, established.


        How long to continue.


        We, the Deputies of the Sovereign and Independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, invoking the favor of Almighty God, do hereby, in behalf of these States, ordain and establish this Constitution for the Provisional Government of the same: to continue one year from the inauguration of the President, or until a permanent Constitution or Confederation between the said States shall be put in operation, whichsoever shall first occur.

ARTICLE I.

SECTION 1.

        Legislative powers vested in Congress.


        All legislative powers herein delegated shall be vested in this Congress now assembled until otherwise ordained.

SECTION 2.

        Vacancies in the representation, how filled.


        When vacancies happen in the representation from any State, the same shall be filled in such manner as the proper authorities of the State shall direct.

SECTION 3.

        Congress to be the judge of the elections, returns and qualifications of members. Quorum, how constituted. What number may adjourn.


        Each State entitled to one vote. How State represented.


        1. The Congress shall be the judge of the elections, returns and qualification of its members; any number of Deputies from a majority of the States, being present, shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members; upon all questions before the Congress, each State shall be entitled to one vote, and shall be represented by any one or more of its Deputies who may be present.

        Rules of proceeding.


        2. The Congress may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member.

        Journal of proceedings to be kept.


        Yeas and nays.


        3. The Congress shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members on any question, shall, at the desire of one-fifth of those present, or at the instance of any one State, be entered on the journal.


Page 2

SECTION 4.

        Compensation of members. How paid.


        In what cases members priviledged from arrest.


        Not to be questioned for any speech or debate.


        The members of Congress shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederacy. They shall in all cases, except treason, felony and breach of the peace, be priviledged from arrest during their attendance at the session of the Congress, and in going to and returning from the same; and for any speech or debate, they shall not be questioned in any other place.

SECTION 5.

        Bills passed by Congress to be presented to President. Proceedings when the President disapproves.


        When bill retained by President becomes a law.


        President may veto one, and approve another appropriation in same bill.


        1. Every bill which shall have passed the Congress, shall, before it become a law, be presented to the President of the Confederacy; if he approve, he shall sign it; but if not, he shall return it with his objections to the Congress, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such re-consideration, two-thirds of the Congress shall agree to pass the bill, it shall become a law. But in all such cases, the vote shall be determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journal. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner, as if he had signed it, unless the Congress by their adjournment, prevent its return, in which case it shall not be a law. The President may veto any appropriation or appropriations and approve any other appropriation or appropriations in the same bill.

        Orders, resolutions, etc., to be presented to the President. If disapproved by him, how re-passed by Congress.


        2. Every order, resolution or vote, intended to have the force and effect of a law, shall be presented to the President, and before the same shall take effect, shall be approved by him, or being disapproved by him shall be re-passed by two-thirds of the Congress, according to the rules and limitations prescribed in the case of a bill.

        Until President inaugurated, bills, etc., of force, without his approval.


        3. Until the inauguration of the President, all bills, orders, resolutions and votes adopted by the Congress shall be of full force without approval by him.

SECTION 6.

        Power of Congress to lay taxes to carry on the Government.


        Duties to be uniform.


        1. The Congress shall have power to lay and collect taxes, duties, imposts and excises, for the revenue necessary to pay the debts and carry on the Government of the Confederacy; and all duties, imposts and excises shall be uniform throughout the States of the Confederacy.

        To borrow money.


        2. To borrow money on the credit of the Confederacy:

        To regulate commerce.


        3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes:

        To establish uniform rule of naturalization and law of bankruptcy.


        4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Confederacy:

        To coin money. To fix standard of weights and measures.


        5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures:

        To punish counterfeits.


        6. To provide for the punishment of counterfeiting the securities and current coin of the Confederacy:

        To establish post offices and roads.


        7. To establish post offices and post roads:

        To promote science and useful arts.


        8. To promote the progress of science and useful arts, by securing, for limited times to authors and inventors, the exclusive right to their respective writings and discoveries:

        To constitute inferior tribunals.


        9. To constitute tribunals inferior to the supreme court:

        To define and punish piracies, etc.


        10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations:

        To declare war.


        11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:


Page 3

        To raise armies.


        12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years:

        To provide a navy.


        13. To provide and maintain a navy:

        Government of army and navy.


        14. To make rules for the government and regulation of the land and naval forces:

        Militia.


        15. To provide for calling forth the militia to execute the laws of the Confederacy, suppress insurrections, and repel invasions:

        Organization, etc., of the militia.


        16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederacy, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress:

        To make all laws necessary to carry into effect the powers expressly delegated by the Constitution.


        17. To make all laws that shall be necessary and proper for carrying into execution the foregoing powers and all other powers expressly delegated by this Constitution to this Provisional Government.

        To admit States.


        18. The Congress shall have power to admit other States.

        To exercise Executive powers till President inaugurated.


        19. This Congress shall also exercise Executive powers, until the President is inaugurated.

SECTION 7.

        Importation of African negroes forbidden.


        1. The importation of African negroes from any foreign country other than the slave-holding States of the United States, is hereby forbidden; and Congress are required to pass such laws as shall effectually prevent the same.

        Introduction of slaves prohibited.


        2. The Congress shall also have power to prohibit the introduction of slaves from any State not a member of this Confederacy.

        Writ of Habeas Corpus.


        3. The privilege of the writ of Habeas Corpus shall not be suspended unless, when in cases of rebellion or invasion, the public safety may require it.

        Bill of Attainder, or ex post facto law.


        4. No Bill of Attainder, or ex post facto law shall be passed.

        No preference to ports of one State over another.


        5. No preference shall be given, by any regulation of commerce or revenue, to the ports of one State over those of another: nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties, in another.

        No money drawn from the treasury but by law. Receipts and expenditures published.


        6. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

        Appropriations of money from the treasury. When authorized.


        7. Congress shall appropriate no money from the treasury, unless it be asked and estimated for by the President or some one of the heads of Departments, except for the purpose of paying its own expenses and contingencies.

        No title of nobility to be granted.


        8. No title of nobility shall be granted by the Confederacy; and no person holding any office of profit or trust under it, shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince or foreign State.

        Religious freedom.


        Freedom of speech and of the press.


        Right of petition.


        9. Congress shall make no law respecting an establishment of religion or prohibiting the free exercises thereof: or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of such grievances as the delegated powers of this Government may warrant it to consider and redress.

        Right to bear and keep arms.


        10. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.


Page 4

        Quartering of soldiers.


        11. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

        Unreasonable searches and seizures prohibited.


        No warrant to issue but on oath or affirmation.


        12. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

        Trials for capital offences, or infamous crimes.


        No one to be twice put in jeopardy of life or limb, for same offence: nor compelled to testify against himself; nor be deprived of life, etc., without process of law.


        Private property not to be taken for public use, without compensation.


        13. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

        Trial by jury in criminal cases.


        14. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.

        Trial by jury in civil cases.


        15. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the Confederacy, than according to the rules of the common law.

        Excessive bail not to be required, nor excessive fine imposed or punishment inflicted.


        16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

        Enumeration of certain rights not to be construed to deny others retained by people.


        17. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

        Reserved powers.


        18. The powers not delegated to the Confederacy by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

        Limitation of the judicial power.


        19. The judicial power of the Confederacy shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the States of the Confederacy, by citizens of another State, or by citizens or subjects of any foreign State.

SECTION 8.

        Limitation of the powers of the States.


        1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

        2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the Confederacy, and all such laws shall be subject to the revision and control of the Congress. No State, shall, without the consent of Congress, lay any duty of tonnage, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.


Page 5

ARTICLE II.

SECTION 1.

        Executive power vested in President.


        Duration of his office and of the office of Vice-President.


        1. The Executive power shall be vested in a President of the Confederate States of America. He, together with the Vice President, shall hold his office for one year, or until this Provisional Government shall be superceded by a Permanent Government, whichsoever shall first occur.

        Manner of electing President and Vice President.


        2. The President and Vice-President shall be elected by ballot by the States represented in this Congress, each State casting one vote, and a majority of the whole being requisite to elect.

        Qualifications of the President.


        3. No person, except a natural born citizen, or a citizen of one of the States of this Confederacy at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident of one of the States of this Confederacy.

        Vacancy in office of President; how supplied.


        4. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, (which inability shall be determined by a vote of two-thirds of the Congress,) the same shall devolve on the Vice-President; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed or a President shall be elected.

        Compensation for the services of the President.


        5. The President shall at stated times receive for his services, during the period of the Provisional Government, a compensation at the rate of twenty-five thousand dollars per annum; and he shall not receive during that period any other emolument from this Confederacy, or any of the States thereof.

        Oath of office of President.


        6. Before he enter on the execution of his office, he shall take the following oath or affirmation:

        I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States of America, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof.

SECTION 2.

        Powers and duties of the President.


        May grant reprieves and pardons.


        1. The President shall be Commander-in-Chief of the Army and Navy of the Confederacy, and of the militia of the several States, when called into the actual service of the Confederacy; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the Confederacy, except in cases of impeachment.

        May make treaties, by and with consent of Congress.


        Appointments to office.


        2. He shall have power, by and with the advice and consent of the Congress, to make treaties; provided two-thirds of the Congress concur: and he shall nominate, and by and with the advice and consent of the Congress, shall appoint ambassadors, other public ministers and consuls, judges of the courts, and all other officers of the Confederacy whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.

        Vacancies during the recess of Congress.


        3. The President shall have power to fill up all vacancies that may


Page 6

happen during the recess of the Congress, by granting commissions, which shall expire at the end of their next session.

SECTION 3.

        President to give Congress information of the state of the Confederacy.


        May convene Congress on extraordinary occasions.


        Other powers and duties.


        1. He shall, from time to time, give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene the Congress at such times as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed; and shall commission all the officers of the Confederacy.

        Removals from office on conviction of crimes.


        2. The President, Vice-President, and all civil officers of the Confederacy shall be removed from office on conviction by the Congress of treason, bribery, or other high crimes and misdemeanors: a vote of two-thirds shall be necessary for such conviction.

ARTICLE III.

SECTION 1.

        Judicial power vested in Supreme Court, etc.


        1. The judicial power of the Confederacy shall be vested in one Supreme Court, and in such inferior courts as are herein directed, or as the Congress may from time to time ordain and establish.

        District Courts established; their jurisdiction.


        Appeals from District Courts to the Supreme Court.


        When commissions of the judges expire.


        2. Each State shall constitute a District,*

        * This paragraph amended. See post, p. 9.


in which there shall be a court called a District Court, which, until otherwise provided by the Congress, shall have the jurisdiction vested by the laws of the United States, as far as applicable, in both the District and Circuit Courts of the United States, for that State; the Judge whereof shall be appointed by the President, by and with the advice and consent of the Congress, and shall, until otherwise provided by the Congress, exercise the power and authority vested by the laws of the United States in the Judges of the District and Circuit Courts of the United States, for that State, and shall appoint the times and places at which the courts shall be held. Appeals may be taken directly from the District Courts to the Supreme Court, under similar regulations to those which are provided in cases of appeal to the Supreme Court of the United States, or under such regulations as may be provided by the Congress. The commissions of all the judges shall expire with this Provisional Government.

        Supreme Court constituted of the District Judges; when and where to sit.


        3. The Supreme Court shall be constituted of all the District Judges, a majority of whom shall be a quorum, and shall sit at such times and places as the Congress shall appoint.

        Transfer of causes in the Courts of the United States, to the courts of the Confederacy.


        Decrees, etc., of U. S. courts.


        Protection of parties to suits.


        4. The Congress shall have power to make laws for the transfer of any causes which were pending in the courts of the United States, to the courts of the Confederacy, and for the execution of the orders, decrees and judgments heretofore rendered by the said courts of the United States; and also all laws which may be requisite to protect the parties to all such suits, orders, judgments, or decrees, their heirs, personal representatives, or assignees.

SECTION 2.

        Extent of judicial power.


        1. The judicial power shall extend to all cases of law and equity, arising under this Constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made, under its authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederacy shall be a party; controversies between


Page 7

two or more States; between citizens of different States; between citizens of the same States claiming lands under grants of different States.

        Original jurisdiction of the Supreme Court.


        Appellate jurisdiction.


        2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.

        Trial by jury.


        3. The trial of all crimes except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

SECTION 3.

        What constitutes treason, and how to be proved.


        1. Treason against this Confederacy shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

        Punishment of treason. Not to work corruption of blood, etc.


        2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attained.

ARTICLE IV.

SECTION 1.

        The public acts, etc., of the States to have full faith and credit.


        1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved and the effect of such proof.

SECTION 2.

        Citizens of the States entitled to equal privileges.


        1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.

        Fugitives from justice.


        2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.

        Fugitive slaves.


        In case of abduction or rescue of slave, full compensation to be made.


        3. A slave in one State, escaping to another, shall be delivered up on claim of the party to whom said slave may belong by the executive authority of the State in which such slave shall be found, and in case of any abduction or forcible rescue, full compensation, including the value of the slave and all costs and expenses, shall be made to the party, by the State in which such abduction or rescue shall take place.

SECTION 3.

        Republican form of government guaranteed to each State; and protection from invasion and domestic violence.


        1. The Confederacy shall guarantee to every State in this union, a republican form of government, and shall protect each of them against invasion; and, on application of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence.


Page 8

ARTICLE V.

        Amendments to Constitution.


        1. The Congress, by a vote of two-thirds, may, at any time, alter or amend this Constitution.

ARTICLE VI.

        The Constitution, laws of the Confederacy and treaties, the supreme law of the land.


        1. This Constitution, and the laws of the Confederacy which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederacy, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding.

        All matters between the States forming this Government, and their late confederates of the United States, to be settled.


        2. The Government hereby instituted shall take immediate steps for the settlement of all matters between the States forming it, and their other late confederates of the United States in relation to the public property and public debt at the time of their withdrawal from them; these States hereby declaring it to be their wish and earnest desire to adjust everything pertaining to the common property, common liability and common obligations of that union, upon the principles of right, justice, equity, and good faith.

        Seat of Government.


        3. Until otherwise provided by the Congress, the city of Montgomery in the State of Alabama, shall be the seat of Government.

        Oath of members of Congress, and of executive and judicial officer.


        No religious test required as qualification for office.


        4. The members of the Congress and all executive and judicial officers of the Confederacy shall be bound by oath or affirmation to support this Constitution; but no religious test shall be required as a qualification to any office or public trust under this Confederacy.

Done in the Congress, by the unanimous consent of all the said States, the Eighth day of February, in the year of our Lord, One Thousand, Eight Hundred and Sixty-One; and of the Confederate States of America, the first. In witness whereof, we have hereunto subscribed our names.

HOWELL COBB,
President of the Congress.

South Carolina.--R. Barnwell Rhett, R. W. Barnwell, James Chesnut, Jr., C. G. Memminger, Wm. Porcher Miles, Lawrence M. Keitt, William W. Boyce, Tho. J. Withers.
Georgia.--R. Toombs, Francis S. Bartow, Martin J. Crawford, E. A. Nisbet, Benjamin H. Hill, Augustus R. Wright, Thos. R. R. Cobb, A. H. Kenan, Alexander H. Stephens.
Florida.--Jackson Morton, Jas. B. Owens, J. Patton Anderson.
Alabama.--Richard W. Walker, Robt. H. Smith, Colin J. McRae, Jno. Gill Shorter, William Parish Chilton, Stephen F. Hale, David P. Lewis, Tho. Fearn, J. L. M. Curry.
Mississippi--W. P. Harris, Alex. M. Clayton, W. S. Wilson, James T. Harrison, Walker Brooke, William S. Barry, J. A. P. Campbell.
Louisiana.--John Perkins, Jr., Alex. de Clouet, C. M. Conrad, Duncan F. Kenner, Edward Sparrow, Henry Marshall.

By a vote of the Congress, on the second day of March, in the year 1861, the Deputies from the State of Texas were authorized to sign the Provisional Constitution above written.

Attest, J. J. HOOPER,
Secretary.

Texas.--Thomas M. Waul, Williamson S. Oldham, John Gregg, John H. Reagan, W. B. Ochiltree, John Hemphill, Louis T. Wigfall.


Page 9

AMENDMENT
TO THE
PROVISIONAL CONSTITUTION
OF THE
CONFEDERATE STATES.

        An Ordinance of the Convention of the Congress of the Confederate States.

May 21, 1861.

        Amendment to 2nd ¶ of 1st § 3rd art. of Provisional Constitution.


        Be it ordained by the Congress of the Confederate States of America, That the second paragraph of the first section of the third Article of the Constitution of the Confederate States of America, be so amended in the first line of said paragraph, as to read, "Each state shall, until otherwise enacted by law, constitute a district;" and in the sixth line, after the word "judge," add "or judges."

APPROVED May 21, 1861.


Page 11

CONSTITUTION
OF THE
CONFEDERATE STATES OF AMERICA.

        Purposes for which the Constltution was ordained and established.


        We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity--invoking the favor and guidance of Almighty God--do ordain and establish this Constitution for the Confederate States of America.

ARTICLE I.

SECTION 1.

        Legislative power vested in Congress.


        All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representatives.

SECTION 2.

        House of Representatives; when chosen; qualification of electors.


        1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.

        Qualifications of Representative.


        2. No person shall be a Representative who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

        How Representatives and direct taxes are apportioned.


        Census to be taken every ten years.


        Ratio of representation limited.


        3. Representatives and direct taxes shall be apportioned among the several States, which may be included within this Confederacy, according to their respective numbers, which shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every fifty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six; the State of Georgia ten; the State of Alabama nine; the State of Florida two; the State of Mississippi seven; the State of Louisiana six; and the State of Texas six.


Page 12

        Vacancies in the representation; how filled.


        4. When vancancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.

        House chooses its officers, and has power of impeachment.


        5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment; except that any judicial or other Federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof.

SECTION 3.

        Senate; how composed. Senators; how chosen.


        1. The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the Legislature thereof, at the regular session next immediately preceding the commencement of the term of service; and each Senator shall have one vote.

        Senators divided into three classes.


        When seats of Senators vacated.


        Executive of a State may fill vacancy during recess of Legislature.


        2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature which shall then fill such vacancies.

        Qualifications of Senators.


        3. No person shall be a Senator who shall not have attained the age of thirty years, and be a citizen of the Confederate States; and who shall not, when elected, be an inhabitant of the State for which he shall be chosen.

        Vice President is President of Senate; votes only on equal division.


        4. The Vice President of the Confederate States shall be President of the Senate, but shall have no vote unless they be equally divided.

        Senate chooses its officers. When it may choose President pro tempore.


        5. The Senate shall choose their other officers; and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the Confederate States.

        Senate has sole power to try impeachments.


        Chief Justice presides when President is tried.


        6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

        Extent of judgment on impeachment.


        Party convicted subject to indictment at law.


        7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the Confederate States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law.

SECTION 4.

        Time, place, and manner of electing Senators and Representatives; how prescribed.


        1. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof, subject to the provisions of this Constitution; but the Congress may, at any time, by law, make or alter such regulations, except as to the times and places of choosing Senators.

        How often and when Congress to meet.


        2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day.


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SECTION 5.

        Each House the judge of elections, &c., of its own members. A majority to constitute a quorum.


        1. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide.

        Each House to determine its own rules.


        2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds of the whole number expel a member.

        Each House to keep a journal.


        Yeas and nays.


        3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.

        Adjournment of one House by consent of the other.


        4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

SECTION 6.

        Compensation of members; their privileges.


        1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederate States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

        Disability to hold certain offices.


        Principal officers in the Departments may sit in Congress; and discuss certain measures.


        2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the Confederate States shall be a member of either House during his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his department.

SECTION 7.

        Bills for raising revenue; where to originate.


        1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.

        Power of the President and Congress in enacting laws, and proceedings therein.


        2. Every bill which shall have passed both Houses, shall, before it becomes a law, be presented to the President of the Confederate States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in


Page 14

like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case it shall not be a low. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President.

        Same as to resolutions, etc.


        3. Every order, resolution or vote, to which the concurrence of both Houses may be necessary, (except on a question of adjournment,) shall be presented to the President of the Confederate States; and before the same shall take effect, shall be approved by him; or being disapproved by him, shall be re-passed by two-thirds of both Houses, according to the rules and limitations prescribed in case of a bill.

SECTION 8.

        The Congress shall have power--

        Power of Congress.


        To lay taxes; but not to grant bounties; nor to lay taxes or duties to foster any branch of industry.


        Duties to be uniform.


        1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary to pay the debts, provide for the common defence, and carry on the government of the Confederate States; but no bounties shall be granted from the treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Confederate States:

        To borrow money.


        2. To borrow money on the credit of the Confederate States:

        To regulate commerce; but not to appropriate money for internal improvements, except for certain purposes.


        When to lay duties on navigation.


        3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and expenses thereof:

        To make laws as to naturalization and bankruptcy.


        4. To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederate States; but no law of Congress shall discharge any debt contracted before the passage of the same:

        To coin money, and fix the standard of weights and measures.


        5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures:

        To punish counter-feiters.


        6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States:

        To establish post-offices.


        7. To establish post-offices and post-routes; but the expenses of the Post-office Department, after the first day of March in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues:

        To promote science and useful arts.


        8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries:

        To constitute inferior Courts.


        9. To constitute tribunals inferior to the Supreme Court:

        To punish piracies and felonies on the high seas.


        10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations:

        To declare war, etc.


        11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:

        To raise armies.


        12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years:


Page 15

        To provide a Navy.


        13. To provide and maintain a navy:

        To make rules for Army and Navy.


        14. To make rules for the government and regulation of the land and naval forces:

        To provide for calling out the militia.


        15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions:

        To provide for organizing militia, etc.


        16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress:

        To exercise exclusive legislation over seat of government over the C. S., and certain other places.


        17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of the government of the Confederate States: and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings: and

        To make all laws necessary and proper to execute other powers.


        18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the Confederate States, or in any department or officer thereof.

SECTION 9.

        Importation of African negroes forbidden.


        1. The importation of negroes of the African race, from any foreign country other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.

        Introduction of slaves prohibited.


        2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belonging to, this Confederacy.

        Writ of habeas corpus not to be suspended.


        3. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

        Bills of attainder, or ex post facto laws, or laws impairing right of property in slaves.


        4. No bill of attainder, ex post facto law, or law denying or impa[i]ring the right of property in negro slaves shall be passed.

        5. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.

        No tax on articles exported from any State.


        6. No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses.

        No preference to ports of one State over another.


        7. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.

        No money drawn from the treasury but by law. Receipts and expenditures published.


        8. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

        Appropriations of money from the treasury; when authorized.


        9. Congress shall appropriate no money from the treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of departments, and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the government, which it is hereby made the duty of Congress to establish.

        Bills appropriating money; what to specify.


        Congress to grant no extra compensation to contractors and officers.


        10. All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it


Page 16

is made; and Congress shall grant no extra compensation to any public contractor, officer, agent or servant, after such contract shall have been made or such service rendered.

        Titles of nobility not to be granted,


        Officers of C. S. not to accept presents from foreign States.


        11. No title of nobility shall be granted by the Confederate States; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince, or foreign state.

        Religious freedom.


        Freedom of speech and of the press.


        Right of petition.


        12. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the government for a redress of grievances.

        Right to bear and keep arms.


        13. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

        Quartering of soldiers.


        14. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

        Unreasonable searches and seizures prohibited.


        No warrant to issue but on oath.


        15. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

        Trials for capital offences or infamous crimes.


        No one to be twice put in jeopardy of life or limb for same offence.


        Private property not to be taken without compensation.


        16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.

        Trial by jury in criminal cases.


        17. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.

        Trial by jury in civil cases.


        18. In suits at common law, where the value in controversy shall excesd twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise re-examined in any court of the Confederacy, than according to the rules of common law.

        Excessive bail not to be required, nor excessive fines imposed or punishment inflicted.


        19. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

        Laws to relate to but one subject to be expressed in the title.


        20. Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title.

SECTION 10.

        Limitation of the powers of the States.


        1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, or ex post facto law, or law impairing the obligation of contracts; or grant any titte of nobility.

        2. No State shall, without the consent of the Congress, lay any


Page 17

imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the Confederate States; and all such laws shall be subject to the revision and control of Congress.

        3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus derived, shall, after making such improvement, be paid into the common treasury. Nor shall any State keep troops or ships-of-war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof.

ARTICLE II.

SECTION 1.

        Executive powers vested in President.


        Term of Office of President and Vice President.


        1. The executive power shall be vested in a President of the Confederate States of America. He and the Vice President shall hold their offices for the term of six years; but the President shall not be re-eligible. The President and Vice President shall be elected as follows:

        Electors of President and Vice President. Number for each State.


        2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative or person holding an office of trust or profit under the Confederate States, shall be appointed an elector.

        Meetings of electors, and their proceedings.


        Election of President.


        3. The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the government of the Confederate States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States--the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following,


Page 18

then the Vice President shall act as President, as in case of the death, or other constitutional disability of the President.

        Election of Vice President.


        4. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.

        Person ineligible to office of Vice President.


        5. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the Confederate States.

        Congress to prescribe time of choosing electors, and the day they vote.


        6. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Confederate States.

        Eligibility to the office of President.


        7. No person except a natural born citizen of the Confederate States, or a citizen thereof at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the 20th of December, 1860, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election.

        Vice President to act when office of President vacant.


        8. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President; and the Congress may, by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed or a President shall be elected.

        Compensation of the President.


        9. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the Confederate States, or any of them.

        Oath to be taken by President.


        10. Before he enters on the execution of his office, he shall take the following oath or affirmation:

        "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof."

SECTION 2.

        Powers and duties of the President.


        May grant reprieves and pardons.


        1. The President shall be commander-in-chief of the army and navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the Confederate States, except in cases of impeachment.

        May make treaties by and with the advice and consent of Congress.


        Appointments to office.


        2. He shall have power, by and with the advice and consent of the Senate, to make treaties; provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the Confederate States whose appointments are not herein otherwise provided for, and which shall be established by-law; but the Congress may, by law, vest the appointment of such inferior officers, as they think proper,


Page 19

in the President alone, in the courts of law, or in the heads of departments.

        When, and by whom, officers may be removed from office.


        3. The principal officer in each of the executive departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the executive departments may be removed at any time by the President, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor.

        President to fill vacancies during recess of Senate.


        4. The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session; but no person rejected by the Senate shall be re-appointed to the same office during their ensuing recess.

SECTION 3.

        President to give Congress information of the State of the Confederacy.


        May convene Congress on extraordinary occasions.


        When he may adjourn Congress.


        Shall receive ambassadors and ministers; and commission officers.


        1. The President shall, from time to time, give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States.

SECTION 4.

        Removals from office by impeachment and conviction of crimes.


        1. The President, Vice President, and all civil officers of the Confederate States, shall be removed from office on impeachment, for and conviction of, treason, bribery, or other high crimes and misdemeanors.

ARTICLE III.

SECTION 1.

        Judicial power vested in one Supreme Court, etc. Term of office and compensation of judges.


        1. The judicial power of the Confederate States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.

SECTION 2.

        Extent of the judicial power.


        1. The judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederate States shall be a party; to controversies between two or more States; between a State and citizens of another State, where the State is plaintiff; between citizens claiming lands under grants of different States; and between a State or the citizens thereof, and foreign states, citizens or subjects; but no State shall be sued by a citizen or subject of any foreign state.


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        When Supreme Court has original jurisdiction; when appellate.


        2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make.

        All crimes to be tried by jury.


        Where such trials to be.


        3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

SECTION 3.

        What constitutes treason and how to be proved.


        1. Treason against the Confederate States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

        Congress to prescribe punishment of treason. Not to work corruption of blood, etc.


        2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

ARTICLE IV.

SECTION 1.

        Credit to be given in one State to public Acts, etc., of another.


        1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

SECTION 2.

        Citizens of each State entitled to privileges, etc., in other States.


        1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.

        Fugitives from justice.


        2. A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.

        Fugitive slaves.


        3. No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor: but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.

SECTION 3.

        New States may be admitted into the Confederacy.


        1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives and two-thirds of the Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of


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States, without the consent of the legislatures of the States concerned, as well as of the Congress.

        Power of Congress over the property of the Confederate States


        2. The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Confederate States, including the lands thereof.

        New territory may be acquired; Congress to prescribe government for its inhabitants. When they may form States.


        Negro slavery to be recognized and protected in territories.


        3. The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States; and may permit them, at such times, and in such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory, the institution of negro slavery, as it now exists in the Confederate States, shall be recognized and protected by Congress and by the territorial government: and the inhabitants of the several Confederate States and Territories shall have the right to take to such territory any slaves lawfully held by them in any of the States or Territories of the Confederate States.

        Republican form of government guaranteed to each State.


        Protection of States against invasion, etc.


        4. The Confederate States shall guarantee to every State that now is, or hereafter may become, a member of this Confederacy, a republican form of government; and shall protect each of them against invasion; and on application of the legislature, (or of the executive, when the legislature is not in session,) against domestic violence.

ARTICLE V.

SECTION 1.

        Mode of amending the Constitution.


        1. Upon the demand of any three States, legally assembled in their several conventions, the Congress shall summon a convention of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the said demand is made; and should any of the proposed amendments to the Constitution be agreed on by the said convention--voting by States--and the same be ratified by the legislatures of two-thirds of the several States, or by conventions in two-thirds thereof--as the one or the other mode of ratification may be proposed by the general convention--they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal representation in the Senate.

ARTICLE VI.

        Character of the government established by this Constitution.


        Officers appointed by the Provisional Government remain in office.


        1. The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified: and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished.

        Debts, etc., heretofore contracted, valid against C. S.


        2. All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the Confederate States under this Constitution, as under the Provisional Government.

        What is the supreme law of the land.


        3. This Constitution, and the laws of the Confederate States made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederate States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.


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        Oath to support the Constitution; by whom to be taken.


        No religious test shall be required.


        4. The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the Confederate States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the Confederate States.

        Enumeration of certain rights, not to deny others retained by people.


        5. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people of the several States.

        Reserved powers.


        6. The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof.

ARTICLE VII.

        Ratification of this Constitution.


        1. The ratification of the conventions of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

        Congress, under the Provisional Constitution, to prescribe time for holding election of President and Vice President, meeting of the electors, etc., and time for holding first election of members of Congress.


        How long Congress under the Provisional Constitution to exercise power.


        2. When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution shall prescribe the time for holding the election of President and Vice President; and for the meeting of the Electoral College; and for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government.

Adopted unanimously by the Congress of the Confederate States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas, sitting in Convention at the capitol, in the city of Montgomery, Alabama, on the Eleventh day of March, in the year Eighteen Hundred and Sixty-One.

HOWELL COBB,
President of the Congress.

South Carolina.--R. Barnwell Rhett, C. G. Memminger, Wm. Porcher Miles, James Chesnut, Jr., R. W. Barnwell, William W. Boyce, Lawrence M. Keitt, T. J. Withers.
Georgia.--Francis S. Bartow, Martin J. Crawford, Benjamin H. Hill, Thos. R. R. Cobb.
Florida.--Jackson Morton, J. Patton Anderson, Jas. B. Owens.
Alabama.--Richard W. Walker, Robt. H. Smith, Colin J. McRae, William P. Chilton, Stephen F. Hale, David P. Lewis, Tho. Fearn, Jno. Gill Shorter, J. L. M. Curry.
Mississippi.--Alex. M. Clayton, James T. Harrison, William S. Barry, W. S. Wilson, Walker Brooke, W. P. Harris, J. A. P. Campbell.
Louisiana.--Alex. de Clouet, C. M. Conrad, Duncan F. Kenner, Henry Marshall.
Texas.--John Hemphill, Thomas N. Waul, John H. Reagan, Williamson S. Oldham, Louis T. Wigfall, John Gregg, William Beck Ochiltree.


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EXTRACT FROM THE JOURNAL OF THE CONGRESS.

CONGRESS, March 11, 1862.

        On the question of the adoption of the Constitution of the Confederate States of America, the vote was taken by yeas and nays; and the Constitution was unanimously adopted, as follows:

        Those who voted in the affirmative being Messrs. Walker, Smith, Curry, Hale, McRae, Shorter, and Fearn, of Alabama, (Messrs. Chilton and Lewis being absent); Messrs. Morton, Anderson, and Owens, of Florida; Messrs. Toombs, Howell Cobb, Bartow, Nisbet, Hill, Wright, Thomas R. R. Cobb, and Stephens, of Georgia, (Messrs. Crawford and Kenan being absent); Messrs. Perkins, de Clouet, Conrad, Kenner, Sparrow, and Marshall, of Louisiana; Messrs. Harris, Brooke, Wilson, Clayton, Barry, and Harrison, of Mississippi, (Mr. Campbell being absent); Messrs. Rhett, Barnwell, Keitt, Chesnut, Memminger, Miles, Withers, and Boyce, of South Carolina; Messrs. Reagan, Hemphill, Waul, Gregg, Oldham, and Ochiltree, of Texas, (Mr. Wigfall being absent).

A true copy:

J. J. HOOPER,
Secretary of the Congress.

CONGRESS, March 11, 1861.

        I do hereby certify that the foregoing are, respectively, true and correct copies of "The Constitution of the Confederate States of America," unanimously adopted this day, and of the yeas and nays on the question of the adoption thereof.

HOWELL COBB,
President of the Congress.


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THE
LAWS OF THE CONFEDERATE STATES.

PUBLIC ACTS OF THE PROVISIONAL CONGRESS
OF THE
CONFEDERATE STATES.

        Passed at the first session of the Provisional Congress, which was begun and held at the City of Montgomery, on Monday, February 4, 1861, and continued to March 16, 1861.

JEFFERSON DAVIS, President. ALEXANDER H. STEPHENS, Vice President of the Confederate States. HOWELL COBB, President of the Congress.

STATUTE I.

CHAPTER I.--An Act to continue in force certain laws of the United States of America.

February 9, 1861.

        Certain laws of the United States continued in force.


        Be it enacted by the Confederate States of America in Congress assembled, That all the laws of the United States of America in force and in use in the Confederate States of America on the first day of November last, and not inconsistent with the Constitution of the Confederate States, be and the same are hereby continued in force until altered or repealed by the Congress.

ADOPTED February 9, 1861.

CHAP. II.--An Act to continue in office the Officers connected with the Collection of the Customs in the Confederate States of America.

February 14, 1861.

        Custom House officers and assistant treasurers, continued in office.


        See resolution of Feb. 14, 1861.


        Their salaries, fees etc.


        Be it enacted by the Confederate States of America in Congress assembled, That the several officers who, at the time of the adoption of the Constitution of the Provisional Government of these states, held and exercised any office connected with the collection of the customs, duties and imposts in the several states of this Confederacy, or as assistant treasurers entrusted with keeping the moneys arising therefrom, are hereby appointed to the several offices which at the said date they respectively held; and they shall have the same powers, be subject to the same duties, and be entitled to the same salaries, fees and emoluments as are set forth and provided in and by the laws of the United States of America, until the first day of April next: Provided, That the maximum of compensation which each collector shall receive from all sources shall not exceed the rate of five thousand dollars per annum.


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        To execute bond.


        SEC. 2. Each collector so appointed shall, within two weeks from the date of this act, execute to the Confederate States of America a bond in the same amount and subject to a like condition with his last bond to the United States of America, with sureties to be approved by a judge of any superior or circuit court of the state where such collector is located. And each of the other officers shall, within one week after the collector shall have entered upon the discharge of his duties, execute to the Confederate States of America a bond in the same amount and subject to the like condition with his last bond to the United States of America, (in case he was required to execute a bond,) with sureties to be approved by the collector of the port where such office is located.

        And take certain oaths.


        Where bond to be filed.


        SEC. 3. The said several officers shall take an oath before a magistrate, well and faithfully to discharge the duties of his office, and to support the constitution of the Provisional Government of the Confederate States of America; which said oath shall be endorsed upon the bond; and the bond shall be filed in the office of the Secretary of the Treasury, or in such other place as he may direct.

ADOPTED February 14, 1861.

CHAP. III.--An Act to exempt from duty certain commodities therein named, and for other purposes.

February 18, 1861.

        Articles exempt from duty.


        Be it enacted by the Confederate States of America in Congress assembled, That the following articles shall be exempt from duty and admitted free into said states, to wit: Bacon, pork, hams, lard, beef, fish of all kinds, wheat and flour of wheat and flour of all other grains, Indian corn and meal, barley and barley flour, rye and rye flour, oats and oat meal, gunpowder and all the materials of which it is made, lead in all forms, arms of every description, and munitions of war and military accoutrements, percussion caps, living animals of all kinds; also all agricultural products in their natural state.

        Goods imported from any one of the late U. S. not a member of the C. S. exempt from duty.


        SEC. 2. And be it further enacted, That all goods, wares and merchandise imported from any one of the late United States of America, not being now a member of this Confederacy, into this Confederacy, before the fourth day of March next, which may have been bona fide purchased heretofore, or within ten days after the passage of this act, shall be exempt and free from duty.

        State of Texas exempted from operation of the tariff.


        SEC. 3. And be it further enacted, That the State of Texas be and is hereby exempted from the operation of the tariff laws heretofore passed and adopted by this Congress.

ADOPTED February 18, 1861.

CHAP. IV.--An Act to provide Munitions of War, and for other purposes.

February 20, 1861.

        Contracts for the purchase, manufacture and alteration of arms, authorized.


        Agents and artisans may be employed.


        SEC. 1. Be it enacted by the Confederate States of America in Congress assembled, That the President, or the Secretary of War, under his direction, is hereby authorized and empowered to make contracts for the purchase and manufacture of heavy ordnance and small arms; and of machinery for the manufacture or alteration of small arms and munitions of war, and to employ the necessary agents and artisans for these purposes; and to make contracts for the establishment of powder mills and the manufacture of powder; and the President is authorized


Page 29

to make contracts provided for in this act, in such manner and on such terms as in his judgment the public exigencies may require.

APPROVED February 20, 1861.

CHAP. V.--An to authorize the President to appoint a Private Secretary.

February 20, 1861.

        President authorized to appoint a private Secretary.


        His compensation.


        See Acts March 7, 1861, and May 21, 1861.


        Be it enacted by the Confederate States of America in Congress assembled, and it is hereby enacted by the authority of the same, That the President of the Confederate States of America be and he is hereby authorized to appoint a private secretary, through whom he may communicate with Congress, and who shall discharge such duties as may be assigned him by the President, and shall receive such compensation for his services as shall be fixed by law.

APPROVED February 20, 1861.

CHAP. VI.--An Act to determine the Salaries of the Vice President and of the Heads of Departments.

February 21, 1861.

        Salaries of the Vice President and Heads of the Departments.


        The Congress of the Confederate States of America do enact, That the annual compensation of the Vice President, and of the Secretaries of State, of the Treasury, of War, of the Navy, the Postmaster General, and the Attorney General, shall be at the rate of six thousand dollars, payable quarterly in advance.

APPROVED February 21, 1861.

CHAP. VII.--An Act to organize the Department of State.

February 21, 1861.

        State Department organized.


        Duties of Secretary of State.


        By whom appointed; his compensation.


        The Congress of the Confederate States of America do enact, That there shall be an executive department, to be denominated the Department of State; and there shall be a principal officer therein, to be called the Secretary of State, who shall perform and execute such duties as shall from time to time be enjoined on or entrusted to him by the President of the Confederate States, agreeably to the Constitution, relative to correspondences, commissions or instructions to or with public ministers or consuls from the Confederate States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers and other foreigners, or to such other matters respecting foreign affairs as the President of the Confederate States shall assign to the said department; and, furthermore, the said principal officer shall conduct the business of the said department in such manner as the President of the Confederate States shall from time to time order or instruct. Said Secretary shall be appointed by the President, by and with the advice and consent of the Congress, and shall receive a compensation to be ascertained and regulated by law.

        To keep and preserve the laws.


        This clause repealed. See Act of Aug. 5, 1861. Sections 1, 2, 3.


        And publish the same.


        To keep and affix the seal of the C. S.


        To cause a seal to be made for his Department; authentication of records under said seal.


        SEC. 2. Be it further enacted, It shall be the duty of the Secretary of State to keep and preserve all bills and resolutions of the Congress having been approved or signed by the President, or otherwise become laws; and he shall carefully preserve the originals, and shall, as soon as conveniently may be after he shall receive the same, cause every such law, order and resolution to be published, in at least three public newspapers published within the Confederate States, and shall also cause two printed copies, duly authenticated. to be sent to the executive authority of each state. It shall be the duty of the secretary to


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keep the great seal of the Confederate States, and to make out and record and affix said seal to all civil commissions to officers of the Confederate States to be appointed by the President, by and with the advice of the Congress, or by the President alone: Provided, That said seal shall not be affixed to any commission before it is signed by the President, nor to any other instrument or act without the special warrant of the President therefor. The said secretary shall also cause a seal of office to be made for said department, of such device as the President shall approve; and all copies of records and papers in said office, authenticated under the said seal, shall be evidence equally as the original record or paper.

        Clerks in State Department; their compensation, and oath of office.


        SEC. 3. Be it further enacted, That there shall be in the said department a chief clerk, to be appointed by the secretary, and such other clerks as from time to time may be found necessary and authorized by the Congress, who shall receive a compensation for their services to be fixed by law: and the Secretary of State, and every other person to be appointed or employed in said department, shall, before he enters on the execution of his office or employment, take an oath or affirmation well and faithfully to execute the trust committed to him.

        Fees of office.


        SEC. 4. Be it further enacted, There shall be paid to the secretary, for the use of the Confederate States, the following fees of office, by the persons requiring the services to be performed, except when they are performed for any officer of the Confederate States in a matter relating to the duties of his office, to-wit: For making out and authenticating copies of records, ten cents for each hundred words; for authenticating a copy of a record or paper, under the seal of office, one dollar.

        SEC. 5. And be it further enacted, This act shall be in force and take effect from and after its passage.

APPROVED February 21, 1861.

CHAP. VIII.--An Act to establish the Treasury Department.

February 21, 1861.

        Treasury Department established.


        Officers in said Department.


        The Congress of the Confederate States of America do enact, That there shall be an executive department known as the Department of Treasury, in which shall be the following officers, namely: A Secretary of the Treasury, to be deemed the head of the department; a Comptroller, an Auditor, a Register, a Treasurer, and an Assistant to the Secretary of the Treasury, which assistant shall be appointed by the said Secretary; all of which officers shall receive such salaries, respectively, as may be provided by law.

        Duties of Secretary of the Treasury.


        SEC. 2. And be it further enacted, That it shall be the duty of the Secretary of the Treasury to superintend the collection of the public revenue; to digest and prepare plans for the improvement and management thereof, and for the support of the public credit; to prepare and report estimates of the public revenue and the public expenditures; to decide on the forms of keeping and stating accounts and making returns, and to grant, under the limitations herein established or to be hereafter provided, all warrants for moneys to be paid into the Treasury, and all warrants for moneys to be issued from the Treasury, in pursuance of appropriations by law; to execute such services relative to the sale of the public property belonging to the Confederate States as by law may be required of him; to make reports and give information to the Congress or the President--in person or in writing, as may be required--concerning all matters referred to him by the Congress or the President, respectively, and which shall appertain to his office; and


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generally to perform all such services relative to the finances, and all such other duties, as he may by law be directed to perform.

        May appoint clerks; their compensation.


        SEC. 3. And be it further enacted, That the Secretary of the Treasury shall have power to appoint a chief clerk, and also such other clerks, from time to time, as he may deem necessary, and Congress may authorize by law, which officers shall respectively receive such compensation as may be provided by law.

        Shall procure an official seal.


        Copies of records, &c., under seal received as evidence.


        SEC. 4. And be it further enacted, That the Secretary of the Treasury shall cause to be procured an official seal for the Department of Treasury, to be approved by the President; and copies of all official papers or records in said department, certified under the seal thereof, shall be received in evidence in all the courts of the Confederate States, in lieu of such original papers or records.

        Duties of Assistant Secretary of Treasury.


        SEC. 5. And be it further enacted, That it shall be the duty of the Assistant Secretary of the Treasury to examine all letters, contracts, and warrants prepared for the signature of the Secretary of the Treasury, and perform all such other duties as may be devolved on him by law or by the Secretary of the Treasury.

        Duties of the Comptroller.


        SEC. 6. And be it further enacted, That it shall be the duty of the Comptroller to superintend the adjustment and preservation of the public accounts; to examine all accounts settled by the Auditor, and certify the balances arising thereon to the Register; to countersign all warrants drawn by the Secretary of the Treasury which shall be authorized by law; to report to the Secretary the official forms of all papers to be issued in the different offices for collecting the public revenue, and the manner and form of keeping and stating the accounts of the several persons employed therein. He shall, moreover, provide for the regular and punctual payment of all moneys which may be collected, and shall direct prosecutions for all delinquencies of officers of the revenue, and for debts that are or shall be due to the Confederate States.

        Duties of the Auditor.


        SEC. 7. And be it further enacted, That it shall be the duty of the Auditor to receive all public accounts, and after examination to certify the balance, and transmit the accounts, with the vouchers and certificate, to the Comptroller for his decision thereon: Provided, That if any person whose account shall be so audited be dissatisfied therewith, he may appeal to the Comptroller against such settlement.

        Auditor may administer oaths.


        SEC. 8. And be it further enacted, That the Auditor of the public accounts shall be empowered to administer oaths or affirmations to witnesses, in any case in which he may deem it necessary or proper for the due examination of the accounts with which he may be charged.

        Duties of the Register.


        SEC. 9. And be it further enacted, That it shall be the duty of the Register to keep all accounts of the receipts and expenditures of the public money, and of all debts due to or from the Confederate States; to receive from the Comptroller the accounts which shall have been finally adjusted, and to preserve such accounts, with their vouchers and certificates; to record all warrants for the receipt or payment of moneys at the Treasury, certify the same thereon, and to transmit to the Secretary of the Treasury copies of the certificates of balances of accounts adjusted as herein directed.

        Duties of the Treasurer.


        SEC. 10. And be it further enacted, That it shall be the duty of the Treasurer to receive and keep the moneys of the Confederate States, and to disburse the same upon warrants drawn by the Secretary of the Treasury, countersigned by the Comptroller, and recorded by the Register, and not otherwise; he shall take receipts for all moneys paid by him, and all receipts for moneys received by him shall be endorsed upon warrants signed by the Secretary of the Treasury, without which warrant, so signed, no acknowledgement for money received into the public Treasury


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shall be valid. And the said Treasurer shall render his accounts to the Comptroller quarterly, or oftener if required, and shall transmit a copy thereof, when settled, to the Secretary of the Treasury. He shall, at all times, submit to the Secretary of the Treasury and the Comptroller, or either of them, the inspection of the books and records in his office, and of all moneys in his hands; and shall, prior to entering upon the duties of his office, give bond, with good and sufficient sureties, to be approved by the Secretary of the Treasury and Comptroller, in the sum of one hundred and fifty thousand dollars, payable to the Confederate States of America, with condition for the faithful performance of the duties of his office, and for the fidelity of the persons to be by him employed, which bond shall be lodged in the office of the Comptroller.

        Prohibition upon persons appointed to office under this act.


        Penalty for breach of the prohibitions of the law.


        SEC. 11. And be it further enacted, That no person appointed to any office instituted by this act shall, directly, or indirectly, be concerned or interested as owner in whole or in part of any sea-vessel; or purchase, by himself or another in trust for him, any public property or forfeited goods; or be concerned in the purchase or disposal of any public Securities of any State or of the Confederate States; or take or apply to his own use any emolument or gain for negotiating or transacting any business in the said department, other than what shall be allowed by law. And if any person shall offend against any of the prohibitions of this act, he shall be guilty of a high misdemeanor, and forfeit to the Confederate States the penalty of three thousand dollars, and shall, upon conviction, be removed from office and forever thereafter be incapable of holding any office under the Confederate States: Provided, That if any other person than a public prosecutor shall give information of any such offence, upon which a prosecution and conviction shall be had, one-half of the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information.

APPROVED February 21, 1861.

CHAP. IX.--An Act to establish the War Department.

February 21, 1861.

        War Department established.


        The Congress of the Confederate States of America do enact, That an executive department be, and the same is hereby established, under the name of the War Department, the chief officer of which shall be called the Secretary of War.

        Duties of Secretary of War. To have charge of all matters connected with army and Indian Tribes.


        SEC. 2. Be it further enacted, That said Secretary shall, under the direction and control of the President, have charge of all matters and things connected with the army, and with the Indian tribes within the limits of the Confederacy, and shall perform such duties appertaining to the army, and to said Indian tribes, as may from time to time be assigned to him by the President.

        May appoint clerks.


        SEC. 3. And be it further enacted, That the Secretary of said department is hereby authorized to appoint a chief clerk thereof, and as many inferior clerks as may be found necessary and may be authorized by law.

APPROVED February 21, 1861.


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CHAP. X.--An Act to establish the Navy Department.

February 21, 1861.

        Navy Department established.


        The Congress of the Confederate States of America do enact, That an executive department be, and the same is hereby established, to be called the Navy Department.

        Duties of the Secretary of the Navy.


        SEC. 2. Be it further enacted, That the chief officer of said department shall be called the Secretary of the Navy, and shall, under the direction and control of the President, have charge of all matters and things connected with the Navy of the Confederacy, and shall perform all such duties appertaining to the navy as shall, from time to time, be assigned to him by the President.

        SEC. 3. Be it further enacted, That said Secretary shall be authorized to appoint a chief clerk and such other clerks as may be found necessary and be authorized by law.

APPROVED February 21, 1861.

CHAP. XI.--To establish the Post Office Department

February 21, 1861

        Post Office Department established.


        Duties of the Post-master General. His salary.


        May appoint clerks.


        The Congress of the Confederate States of America do enact, That there shall be an executive department, to be denominated the Post Office Department, and there shall be a principal officer therein, to be called the Postmaster General, who shall perform such duties in relation to post offices and post routes, as shall be enjoined on him by the President of the Confederate States, agreeably to the constitution and the laws of the land, who shall be paid an annual salary to be fixed by law, and have power to appoint a chief clerk and such inferior clerks as may be found necessary, who shall receive such compensation as may be fixed by law.

APPROVED February 21, 1861.

CHAP. XII.--An Act to organize and establish an Executive Department to be known as the Department of Justices.

February 21, 1861.

        Department of Justice established.


        Salary of Attorney General.


        May appoint a clerk.


        The Congress of the Confederate States of America do enact, That from and after the passage of this act, there shall be an executive department, to be known as the Department of Justice. The principal officer at the head of said department shall be denominated the Attorney General, who shall be paid an annual salary to be fixed by law, and who shall have the power to appoint a clerk, at such compensation as may be fixed by law.

        Duties of the Attorney General.


        Supervisory power over accounts of marshals and officers of the courts.


        SEC. 2. It shall be the duty of the Attorney General to prosecute and conduct all suits in the Supreme Court, in which the Confederate States shall be concerned, and to give his advice and opinion upon questions of law, when required by the President of the Confederate States, or when requested by any of the heads of departments, touching any matters that may concern their departments on subjects before them. He shall also have supervisory power over the accounts of the marshals, clerks and officers of all the courts of the Confederate States, and all claims against the Confederate States.

APPROVED February 21, 1861.


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CHAP. XIII.--An Act to prescribe the Rates of Postage in the Confederate States of America, and for other purposes.

February 23, 1861.

        Rates of postage established.


        On single letters.


        What deemed a single letter.


        What packages rated by weight.


        Drop letters.


        Postage pre-paid by stamps.


        Additional postage on letters advertised.


        The Congress of the Confederate States of America do enact, That from and after such period as the Postmaster General may by proclamation announce, there shall be charged the following rates of postage, to-wit: For every single sealed letter, and for every letter in manuscript or paper of any kind, upon which information shall be asked for or communicated in writing, or by marks or signs, conveyed in the mail for any distance between places within the Confederate States of America, not exceeding five hundred miles, five cents; for distance exceeding five hundred miles, double that rate; and every letter or parcel not exceeding half an ounce in weight shall be deemed a single letter, and every additional weight of half an ounce, or additional weight of less than half an ounce, shall be charged with an additional single postage; and all packages containing other than printed or written matter--and money packages are included in this class--shall be rated by weight as letters are rated, and shall be charged double the rates of postage on letters; and all drop letters, or letters placed in any post-office not for transmission, but for delivery only, shall be charged with postage at the rate of two cents each; and in all the foregoing cases the postage must be pre-paid by stamps, and all letters which shall hereafter be advertised as remaining over or uncalled for in any post-office, shall be charged with two cents each in addition to the regular postage, both to be accounted for as other postages of this Confederacy.

        Postage on newspapers sent from the office of publication to subscribers.


        On periodicals so sent.


        On other newspapers and periodicals, circulars handbills, engravings, etc.


        On books, bound or unbound.


        Publishers may send publications to each other, free of postage.


        SEC. 2. And be it further enacted, That all newspapers not exceeding three ounces in weight, sent from the office of publication to actual and bona fide subscribers, shall be charged with postage as follows, to-wit: The postage on the regular numbers of a newspaper published weekly, within the State where published, shall be six and one-half cents per quarter; and papers published semi-weekly, double that rate; and papers published thrice a week, treble that rate; and papers published daily, six times that rate; and the postage on all newspapers to actual subscribers without the State where published, shall be charged double the foregoing rates. And periodicals sent from the office of publication to actual and bona fide subscribers, shall be charged with postage as follows, to wit: The postage on the regular numbers of a periodical not exceeding one and a half ounces in weight and published monthly, within the State where published, shall be three cents per quarter; if published semi-monthly, double that rate; and for every additional ounce or fraction of an ounce, double the foregoing rates shall be charged; and periodicals published quarterly or bi-monthly shall be charged one cent an ounce; and the postage on all periodicals without the State where published shall be double the above specified rates; and regular subscribers to newspapers and periodicals shall be required to pay one quarter's postage in advance. And there shall be charged upon every other newspaper, and each circular not sealed, handbill, engraving, pamphlet, periodical and magazine, which shall be unconnected with any manuscript or written matter, not exceeding three ounces in weight, two cents; and for each additional ounce or fraction of an ounce, two cents additional; and in all cases the postage shall be prepaid by stamps. And books, bound or unbound, not weighing over four pounds, shall be deemed mailable matter, and shall be charged with postage, to be pre paid by stamps, at two cents an ounce for any distance. The publishers of newspapers or periodicals may send to each other, from their respective offices of publication, free of postage, one copy of each publication.


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        Deputy postmasters, and other persons, to be furnished with postage stamps and stamped envelopes.


        Penalty for forging or counterfeiting postage stamps.


        Or for making, using or possessing, forged or counterfeited dies, plates, etc.


        Or for delivering postage stamps without authority.


        SEC. 3. And be it further enacted, That it shall be the duty of the Postmaster General to provide and furnish to all deputy postmasters, and to all other persons applying and paying therefor, suitable postage stamps and stamped envelopes, of the denomination of two cents, five cents, and twenty cents, to facilitate the pre-payment of postages provided for in this act; and any person who shall forge or counterfeit any postage stamp provided or furnished under the provisions of this or any former act, whether the same are impressed or printed on or attached to envelopes or not, or any die, plate, or engraving therefor, or shall make or print, or knowingly use or sell, or have in his possession, with intent to use or sell, any such false, forged or counterfeited die, plate, engraving or postage stamp, or who shall make or print, or authorize or procure to be made or printed, any postage stamps of the kind provided and furnished by the Postmaster General as aforesaid, without the especial authority and direction of the Post Office Department, or who, after such postage stamps have been printed, shall, with intent to defraud the revenues of the Post Office Department, deliver any postage stamps to any person or persons, other than such as shall be authorized to receive the same by an instrument of writing, duly executed under the hand of the Postmaster General and the seal of the Post office Department, shall, on conviction thereof, be deemed guilty of felony, and be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding five years, or by both such fine and imprisonment; and the expenses of procuring and providing all such postage stamps and letter envelopes as are provided for or authorized by this act, shall be paid, after being adjusted by the Auditor of the Post-Office Department, on the certificate of the Postmaster General, out of any money in the treasury arising from the revenues of the Post Office Department.

        Postmasters to deface postage stamps attached to letters.


        Penalty for omission.


        Penalty for using postage stamps that had been before used.


        SEC. 4. And be it further enacted, That it shall be the duty of every postmaster to cause to be defaced, in such manner as the Postmaster General shall direct, all postage stamps of this Confederacy attached to letters deposited in his office for delivery, or to be sent by mail; and if any postmaster sending letters in the mail, with such postage stamps attached, shall omit to deface the same, it shall be the duty of the postmaster, to whose office such letter shall be sent for delivery, to deface the stamps and report the delinquent postmaster to the Postmaster General. And if any person shall use or attempt to use in pre-payment of postage any postage stamps which shall have been before used for like purposes, such person shall be subject to a penalty of fifty dollars for every such offence, to be recovered in the name of the Confederate States of America in any court of competent jurisdiction.

        Franking privilege abolished.


        Exception in favor of certain officers in the Postoffice Department


        and deputy postmasters.


        Penalty on these officers for making false endorsements on letters, etc.


        SEC. 5. And be it further enacted, That from and after the day when this act goes into effect the franking privilege shall be abolished: Provided, That the Postmaster General and his chief clerks and Auditor of the Treasury for the Post Office Department shall be and they are hereby authorized to transmit through the mail, free of postage, any letters, packages or other matters relating exclusively to their official duties or to the business of the Post Office Department; but they shall, in every such case, endorse on the back of the letter or package to be sent free of postage, over their own signatures, the words "Official Business." And for any such endorsement falsely made, the person so offending shall forfeit and pay three hundred dollars. And provided further, The several deputy postmasters throughout the Confederate States shall be and hereby are authorized to send through the mail, free of postage, all letters and packages which it may be their duty or they may have occasion to transmit to any person or place, and which shall relate


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exclusively to the business of their respective offices or to the business of the Post Office Department but in every such case the deputy postmaster sending any such letter or package shall endorse thereon, over his own signature, the words "Post Office Business," and for any and every such endorsement falsely made, the person making the same shall forfeit and pay three hundred dollars.

        Act establishing letter registration system, repealed.


        SEC. 6. And be it further enacted, That the third section of an act entitled "An act further to amend an act entitled 'An act to reduce and modify the rates of postage in the United States, and for other purposes, passed March third, eighteen hundred and fifty-one,' " approved March 3d, 1855, whereby the letter registration system was established, be and is hereby repealed, from and after the day when this act goes into effect.

        Express and other chartered companies prohibited from carrying letters unless postage pre-paid.


        Penalty for violation.


        SEC. 7. Be it further enacted, That no letters shall be carried by the express or other chartered companies, unless the same shall be pre-paid by being enclosed in a stamped envelope of this Confederacy; and any company violating the provisions of this act shall forfeit and pay the sum of five hundred dollars for each offence, to be recovered by action of debt in any court of this Confederacy having cognizance thereof, in the name and for the use of this Confederacy.

        Transmission of mails between the territories.


        SEC. 8. Be it further enacted, That the Postmaster General of the Confederate States be and is hereby authorized to make all necessary arrangements for the transmission of mails between the territories of this and other governments, subject to the approval of the President, until postal treaties can be effected.

APPROVED February 23, 1861.

CHAP. XIV. -- An Act to declare and establish the Free Navigation of the Mississippi River.

February 25, 1861.

        Navigation of the Mississippi river declared free.


        Regulations for vessels navigating the same.


        The Congress of the Confederate States of America do enact, That the peaceful navigation of the Mississippi river is hereby declared free to the citizens of any of the States upon its borders, or upon the borders of its navigable tributaries; and all ships, boats, rafts or vessels may navigate the same, under such regulations as may be established by authority of law, or under such police regulations as may be established by the States within their several jurisdictions.

        Vessels entering said river within the limits of the Confederacy may pass to any place beyond said limits with their cargoes, without any duty, except light money, pilotage, &c; but not to sell or dispose of any part of cargo in this Confederacy.


        Penalty for violation; how received.


        Exception in favor of stranded or disabled vessels.


        SEC. 2. Be it further enacted, All ships, boats, or vessels, which may enter the waters of the said river within the limits of this Confederacy, from any port or place beyond the said limits, may freely pass with their cargoes to any other port or place beyond the limits of this Confederacy without any duty or hindrance, except light money, pilotage, and other like charges; but it shall not be lawful for any such ship, boat, or vessel to sell, deliver, or in any way dispose of any part of her cargo, or land any portion thereof for the purpose of sale and delivery within the limits of this Confederacy; and in case any portion of such cargo shall be sold or delivered, or landed for that purpose, in violation of the provisions of this act, the same shall be forfeited, and shall be seized and condemned by a proceeding in admiralty before the court having jurisdiction of the same in the district in which the same may be found; and the ship, boat, or vessel shall forfeit four times the amount of the value of the duties chargeable on the said goods, wares, or merchandise so landed, sold, or disposed of in violation of the provisions of this act, to be recovered by a proper proceeding in admiralty before the said court, in the district in which such ship, boat, or vessel may be found,


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one-half for the use of the collector of the district who shall institute and conduct such proceeding, the other half for the use of the Government of the Confederate States: Provided, That if any such ship, boat, or vessel shall be stranded, or from any cause become unable to proceed on its voyage, the cargo thereof may be landed and the same may be entered at the nearest port of entry, in the same manner as goods, wares, and merchandise regularly consigned to said port; and the person so entering the same shall be entitled to the benefit of drawback of duties or of warehousing said goods, wares and merchandise as provided by law in other cases.

        Penalty for breaking open, unpacking, exchanging or consuming merchandise entered for transportation.


        Breaking or defacing any seal or fastening.


        Defacing or forging certificates.


        SEC. 3. And be it further enacted, If any person having the charge of or being concerned in the transportation of any goods, wares, or merchandise upon the said river, shall, with intent to defraud the revenue, break open or unpack, within the limits of the Confederate States, any part of the merchandise entered for transportation beyond the said limits, or shall exchange or consume the same, or with like intent shall break or deface any seal or fastening placed thereon by any officer of the revenue, or if any person shall deface, alter, or forge any certificate granted for the protection of merchandise transported as aforesaid, each and every person so offending shall forfeit and pay five hundred dollars, and shall be imprisoned not less than one nor more than six months, at the discretion of the court before which such person shall be convicted.

        Masters, &c., of vessels entering waters of the Mississippi may enter goods for sale or otherwise.


        On payment of duties; Collector to grant license.


        When entitled to benefit of drawback of duties or of warehousing goods.


        SEC. 4. Be it further enacted, In case any ship, boat, or vessel shall enter the waters of the said river within the limits of the Confederate States, having on board any goods, wares, or merchandise subject to the payment of duties, and the master, consignee, or owner shall desire to land the same for sale or otherwise, it shall be lawful to enter the said goods, wares, and merchandise at any port of entry, in the same manner as goods, wares, or merchandise regularly consigned to the said port, or to forward them under bond or seal according to the regulations customary in such cases, when consigned to any port or place beyond the limits of this Confederacy, and on payment of the duties on said goods, to obtain from the collector a license to land the same at any point on the river; and when goods, wares, or merchandise shall be entered as aforesaid, the owner, importer, or consignee shall be entitled to the benefit of drawback of duties or of warehousing the said goods, wares, and merchandise, as is provided by law, upon complying with all the laws and regulations which apply to cases of entry for drawback or warehousing respectively.

        Master of vessel, on arrival at first port of entry, to deposit with the collector manifest of the cargo.


        Collector to certify and transmit manifest.


        May put inspector on the vessel.


        Penalty on master for failing to deposit manifest or refusing to receive inspector.


        This act not to apply to goods delivered at certain ports.


        SEC. 5. Be it further enacted, When any such ship, boat, or vessel, having on board goods, wares, and merchandise subject to the payment of duties, as set forth in the fourth section, shall arrive at the first port of her entry of the Confederate States, the master or person in command of such ship, boat, or vessel shall, before he pass the said port, and immediately after his arrival, deposit with the collector a manifest of the cargo on board subject to the payment of duties, and the said collector shall, after registering the same, transmit it, duly certified to have been deposited, to the officer with whom the entries are to be made; and the said collector may, if he judge it necessary for the security of the revenue, put an inspector of the customs on board any such ship, boat, or vessel, to accompany the same until her arrival at the first port of entry to which her cargo may be consigned; and if the master or person in command shall omit to deposite a manifest as aforesaid, or refuse to receive such inspector on board, he shall forfeit and pay five hundred dollars, with costs of suit, one-half to the use of the officer with whom the manifest should have been deposited, and the


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other half to the use of the collector of the district to which the vessel was bound: Provided, however, That until ports of entry shall be established above the city of Vicksburg, on the Mississippi river, the penalties of this act shall not extend to the delivery of goods above that port by vessels or boats descending said river.

APPROVED February 25, 1861.

CHAP. XV.--An Act to modify the Navigation Laws and repeal all Discriminating Duties on Ships or Vessels.

February 26, 1861.

        Vessels not enrolled or licensed may be employed in the coasting trade.


        Laws forbidding importation of goods in vessels belonging to foreigners, repealed.


        The Congress of the Confederate States of America do enact, That all laws which forbid the employment in the coasting trade of ships or vessels not enrolled or licensed, and also all laws which forbid the importation of goods, wares, or merchandise from one port of the Confederate States to another port of the Confederate States, or from any foreign port or place, in a vessel belonging wholly or in part to a subject or citizen of any foreign State or power, are hereby repealed.

        Repeal of laws imposing discriminating duties on tonnage.


        SEC. 2. All laws which impose any discriminating duty on the tonage of ships or vessels owned by any subject or citizen of any foreign State or power, or upon goods, wares or merchandise imported in any such ship or vessel, are hereby repealed.

APPROVED February 26, 1861.

CHAP. XVI.--An Act to define more accurately the Exemption of Certain Goods from Duty.

February 26, 1861.

        Exemption from duties allowed by act of Feb. 18, 1861, to extend only to certain goods.


        The Congress of the Confederate States of America do enact, That the exemption from duties allowed by the act to "Exempt from duties certain commodities therein named, and for other purposes," passed on the eighteenth day of February, 1861, shall extend only to such goods, bona fide purchased on or before the twenty-eighth day of February instant, as shall have been actually laden on board of the exporting vessel or conveyance destined for any port in this Confederacy, on or before the fifteenth day of March, in the present year.

APPROVED February 26, 1861.

CHAP. XVII.--An Act for the Establishment and Organization of a General Staff for the Army of the Confederate States of America.

February 26, 1861.

        Officers in the general staff of the army.


        The Congress of the Confederate States of America do enact, That from and after the passing of this act, the general staff of the Army of the Confederate States shall consist of an Adjutant and Inspector General's Department, Quartermaster General's Department, Subsistence Department, and the Medical Department.

        Officers in the Adjutant and Inspector General's Department; their rank.


        SEC. 2. Be it further enacted, That the Adjutant and Inspector General's Department shall consist of one Adjutant and Inspector General, with the rank of colonel; four Assistant Adjutants General, with the


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rank of major, and four Assistant Adjutants General, with the rank of captain.

        Officers in the Quartermaster General's Department; their rank and pay.


        Quartermasters to discharge the duties of paymasters.


        SEC. 3. Be it further enacted, That the Quartermaster General's Department shall consist of one Quartermaster General, with the rank of colonel; six Quartermasters, with the rank of major; and as many Assistant Quartermasters, as may from time to time be required by the service, may be detailed by the War Department from the subalterns of the line, who, in addition to their pay in the line, shall receive twenty dollars per month while engaged in that service. The quartermasters herein provided for shall also discharge the duties of paymasters, under such regulations as may be prescribed by the Secretary of War.

        Officers in Commissary General's Department; their rank and pay.


        Assistant quartermasters and Commissaries subject to duty in both departments.


        SEC. 4. Be it further enacted, That the Commissary General's Department shall consist of one Commissary General, with the rank of colonel; four Commissaries, with the rank of captain, and as many Assistant Commissaries, as may from time to time be required by the service, may be detailed by the War Department from the subalterns of the line, who, in addition to their pay in the line, shall receive twenty dollars per month while engaged in that service. The assistant quartermasters and assistant commissaries shall be subject to duties in both departments at the same time, but shall not receive the additional compensation but in one department.

        Officers in Medical Department; their rank and pay.


        SEC. 5. Be it further enacted, That the Medical Department shall consist of one Surgeon General, with the rank of colonel; four Surgeons, with the rank of major, and six Assistant Surgeons, with the rank of captain; and as many Assistant Surgeons, as the service may require, may be employed by the Department of War, and receive the pay of assistant surgeons.

        Officers in the Departments not to assume command of troops.


        SEC. 6. Be it further enacted, That the officers of the Adjutant General's, Quartermaster General's and Commissary General's Departments, though eligible to command, according to the rank they hold in the army of the Confederate States of America, shall not assume command of troops, unless put on duty under orders which specially so direct by authority of the President. The officers of the Medical Department shall not exercise command except in their own department.

        Staff officers to be appointed by the President.


        SEC. 7. Be it further enacted, That the staff officers herein provided for shall be appointed by the President, by and with the advice and consent of the Congress, and shall receive such pay and allowances as shall be hereafter established by law.

APPROVED February 26, 1861.

CHAP. XVIII.--An Act in relation to Public Printing.

February 27, 1861.

        Acts and resolutions of Congress, and Provisional and Permanent Constitutions to be published.


        The Congress of the Confederate States of America do enact, That the Secretary of Congress shall, after each session, prepare for publication fair copies of all the acts passed by Congress, and resolutions of a public nature intended to have the effect of laws, together with the Constitutions for a Provisional and Permanent Government of this Confederacy, adopted by this Congress.

        How acts to be arranged.


        SEC. 2. The acts shall be arranged under appropriate titles, shall have marginal notes to each section, and be fully indexed.

        Journal of proceedings of Congress to be published.


        SEC. 3. The Secretary shall also prepare for publication copies of the public journal of the proceedings of this Congress, and a full index for the same.


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        Acts and journals to be delivered to public printer; his duty.


        SEC. 4. The acts and journals, when prepared, shall be delivered to the public printers, who shall, without delay, publish three thousand copies of each, in a style equal in execution, and upon paper of the same quality in every respect, as the laws of the United States, as annually published by Messrs. Little & Brown.

        Acts to be bound; fee for binding.


        SEC. 5. The acts of Congress thus published shall be bound by the public printers, in a style not inferior to the acts of the General Assembly of the State of Alabama, for which service he shall receive the sum of twenty-five cents per copy.

        Compensation of public printer for the publication of the laws and journals.


        SEC. 6. The public printer shall be entitled to receive as compensation for the publication of the laws and journals the following prices, viz.:

        For each page of the laws and journals, including press work, paper, pressing, folding and stitching, the sum of six dollars.

        For job printing.


        SEC. 7. For all job printing ordered by Congress the public printers shall receive the following compensation and no more, viz.:

        bills, resolutions and reports;


        First: For bills, resolutions and reports--For composition per page (foolscap) one dollar and seventy-five cents; for press work, folding and stitching one hundred copies, twenty-five cents per page and pro rata for all copies over one hundred.

        rules, Constitutions and other pamphlets;


        Second: For rules, constitutions and other pamphlets--For composition per page, (octavo) in small pica, plain, one dollar; in small pica, rule, one dollar and fifty cents; for brevier, plain, one dollar and fifty cents; for brevier, rule, two dollars; for rule and figure work on page larger than royal octavo, per 1,000 ems, one dollar; for press work, including folding and stitching, per token, seventy cents.

        yeas and nays, circular letters and other miscellaneous printing.


        Third: For yeas and nays, circular letters, and other miscellaneous printing ordered by Congress--For composition, plain work, per 1,000 ems, seventy cents; rule and figure work, per 1,000 ems, one dollar; for press work, including folding and stitching, per token or fraction of token, seventy cents.

        For paper.


        Fourth: For all paper on which printing is done for Congress, the public printer shall be allowed the fair market cost thereof, and twenty per centum additional thereto.

        Extra pay allowed for work done for Congress when in secret session.


        Fifth: On all work done for Congress when in secret session the public printer shall receive an additional compensation of ten per centum on the above rates.

        Heads of Departments to contract for printing for their offices.


        SEC. 8. The chief officers of the executive departments of the government are hereby authorized to contract for all necessary printing in connection with their several offices, in no case, however, at higher rates of compensation than hereinbefore prescribed for work done for Congress.

        Postmaster General to contract for the publication of blanks for his office; at what rates.


        Printer to keep on hand certain forms for postoffice blanks.


        Charge for new orders.


        SEC. 9. The Postmaster General shall contract for the publication of all post bills and other blanks connected with his office, not exceeding the following rates: For composition, including rule and figure work, per 1,000 ems, fifty cents; for presswork, per clean token, (the sheets not to be not less than 16 by 26 inches) fifty cents; for paper, ten per cent. on actual cost. Nothing shall be allowed for altering the name of a postmaster on a post bill or other blank, nor shall there be an additional charge for composition when the name of the postoffice alone is changed. But the printer shall be required to keep always on hand forms for postoffice blanks, and when new orders are given, the charge shall be made only for the press work and paper, and such new composition as may be necessary.

        Accounts for printing; how made out and certified.


        SEC. 10. All accounts for printing done for Congress or any one of the executive departments shall, before the same are allowed and paid, be sworn to by the public printer or contractor; shall be accompanied


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by vouchers, showing the cost of the paper used and the quantity thereof, and shall be certified to be correctly made out under the law by at least two disinterested practical printers in no way connected with the office or business of the claimant.

        Usual fees to be paid for advertisements in public gazettes.


        SEC. 11. The foregoing rates and provisions do not apply to advertisements in public gazettes by order of any of the executive departments, for which the usual fees paid by other advertisers shall be allowed. But no advertisement from any of the executive departments shall be inserted in more than three public gazettes in the same State.

        Printing on parchment.


        SEC. 12. When printing on parchment is required to be done for any executive department, the parchment shall be purchased and furnished by such department, and a special contract made for such printing, not exceeding ten dollars per thousand copies.

        Bureau of printing established; its chief officer, and by whom appointed.


        Eligibility to office of Superintendent of Public Printing.


        SEC. 13. There shall be connected with the Department of Justice a Bureau of Printing, the chief officer of which shall be appointed by the President, by and with the advice and consent of the Congress, and shall be known as the Superintendent of Public Printing. No person shall be eligible to this office who is not skilled in and acquainted with the practical details of the business of printing; nor shall the Superintendent of Public Printing be in any manner, directly or indirectly, interested in the contracts for public printing, nor with the printing office at which the same is done, nor connected with any newspaper in any capacity whatever.

        Duties of the Superintendent.


        SEC. 14. It shall be the duty of the Superintendent to supervise, direct and control all the printing done by order of Congress, or under contract with any executive department, as to the quality of paper to be used, the character of type, the style of binding, and the general execution of the work; and also as to the time and order in which the same shall be completed. It shall be his duty also to report to the head of the department, at least once a year, the condition of the public printing--stating the amount paid out for the same on each contract, specifying the amount paid out under the order of each department, and giving estimates of the probable expenditure for the succeeding year; which report shall be laid before the Congress by the President, in connection with his annual message. It shall be his duty also to take from every contractor for public printing such bond, with good security, as he may require, not exceeding the probable amount of the contract price for the printing to be done by such contractor, and conditioned for the faithful performance of his contract in every particular. Such bonds shall be renewed annually by contractors whose work shall be continuing in its character and extends beyond the year of its commencement.

        Superintendent to audit and allow accounts for printing, to authorize payment.


        Appeal from his decision.


        SEC. 15. All accounts for printing done, when rendered as hereinbefore provided, shall be audited and allowed by the Superintendent of Public Printing before the same shall be paid. If the Superintendent shall refuse to receive any work done, or shall refuse to allow any account rendered, the printer or contractor may appeal from such decision to the head of the department, whose decision on the appeal shall be final and conclusive.

        Laws repealed.


        SEC. 16. All laws or parts of laws militating against the provisions of this act are hereby repealed.

APPROVED February 27, 1861.


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CHAP. XIX.--An Act to authorize the Secretary of State to appoint an Assistant.

February 27, 1861.

        Secretary of State may appoint an Assistant Secretary.


        His duties, and pay.


        The Congress of the Confederate States of America do enact, That the Secretary of State be and he is hereby authorized and empowered to appoint an assistant, who shall be known as the Assistant Secretary of State, who shall perform such duties as may be assigned him by the Secretary, and receive such compensation for his services as may be fixed by law.

APPROVED February 27, 1861.

CHAP. XX.--An Act to authorize the Secretary of the Treasury to establish additional Ports and Places of Entry and Delivery, and appoint Officers therefor.

February 28, 1861.

        Secretary of the Treasury authorized to establish ports of entry and delivery;


        his power to change and abolish the same.


        The Congress of the Confederate States of America do enact, That the Secretary of the Treasury be and he is hereby authorized and empowered to establish such ports of entry and delivery of goods, wares and merchandise, as in his judgment may be necessary for the proper collection of the customs and the enforcement of the revenue laws of the Confederate States; and that he have power to change, alter and abolish such ports and places of entry and delivery at any time when the public interests may require it.

        May appoint collectors of the customs, and fix their salaries


        SEC. 2. Be it further enacted, That the Secretary of the Treasury be and he is hereby authorized and empowered to appoint suitable persons as collectors of the customs at such ports and places of entry and delivery, under such regulations and with such salaries as he may from time to time prescribe and establish.

APPROVED February 28, 1861.

CHAP. XXI.--An Act to raise Money for the support of the Government, and to provide for the Defence of the Confederate States of America.

February 28, 1861.

        President authorized to borrow money on the credit of the C. S.


        How to be applied.


        The Congress of the Confederate States of America do enact, That the President of the Confederate States be and he is hereby authorized, at any time within twelve months after the passage of this act, to borrow, on the credit of the Confederate States, a sum not exceeding fifteen millions of dollars, or so much thereof as in his opinion the exigencies of the public service may require, to be applied to the payment of appropriations made by law for the support of the government and for the defences of the Confederate States.

        Certificates of stock or bonds for the amount borrowed.


        Interest thereon.


        Coupons to be attached to the bonds issued.


        Faith of the C. S. pledged for the payment of the principal and interest.


        SEC. 2. The Secretary of the Treasury is hereby authorized, by the consent of the President of the Confederate States, to cause to be prepared certificates of stock or bonds, in such sums as are hereinafter mentioned, for the amount to be borrowed as aforesaid, to be signed by the Register of the Treasury and sealed with the seal of the Treasury; and the said certificates of stock or bonds shall be made payable at the expiration of ten years from the first day of September next; and the interest thereon shall be paid semi-annually, at the rate of eight per cent. per annum, at the Treasury, and such other place as the Secretary of the Treasury may designate. And to the bonds which shall be issued as aforesaid, shall be attached coupons for the semi-annual interest which shall accrue, which coupons may be signed by officers to


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be appointed for the purpose by the Secretary of the Treasury. And the faith of the Confederate States is hereby pledged for the due payment of the principal and interest of the said stock and bonds.

        Bonds or stocks may be paid on giving notice.


        When interest to cease.


        SEC. 3. At the expiration of five years from the first day of September next, the Confederate States may pay up any portion of the bonds or stocks, upon giving three months previous public notice, at the seat of government, of the particular stocks or bonds to be paid, and the time and place of payment; and from and after the time so appointed, no further interest shall be paid on said stock or bonds.

        Form and amount of the certificates of stock and bonds; certificates may be assigned.


        Report of the Secretary of the Treasury to Congress.


        SEC. 4. The certificates of stock and bonds shall be issued in such form and for such amounts as may be determined by the Secretary of the Treasury, and may be assigned or delivered under such regulations as he may establish; but none of them shall be for a less sum than fifty dollars. And he shall report to Congress, at its next session, a statement, in detail of his proceedings, and the rate at which the loans may have been made, and all the expenses attending the same.

        Duty on cotton exported.


        Duty pledged to the payment of the loan provided for by this act.


        Sinking fund established.


        Interest coupons receivable in payment of the duty


        When duty to cease.


        SEC. 5. From and after the first day of August, 1861, there shall be levied and collected and paid, a duty of one-eighth of one cent. per pound on all cotton in the raw state exported from the Confederate States, which duty is hereby specially pledged to the due payment of interest and principal of the loan provided for in this act; and the Secretary of the Treasury is hereby authorized and required to establish a sinking fund to carry into effect the provisions of this section: Provided, however, That the interest coupons, issued under the second section of this act, when due, shall be receivable in payment of the export duty on cotton: Provided, also, That when the debt and interest thereon herein authorized to be contracted shall be extinguished, or the sinking fund provided for that purpose shall be adequate to that end, the said export duty shall cease and determine.

APPROVED February 28, 1861.

CHAP. XXII.--An Act to raise Provisional Forces for the Confederate States of America, and for other purposes.

February 28, 1861.

        President to assume control of certain military operations in every State.


        The Congress of the Confederate States of America do enact, That to enable the government of the Confederate States to maintain its jurisdiction over all questions of peace and war, and to provide for the public defence, the President be and he is hereby authorized and directed to assume control of all military operations in every State, having reference to or connection with questions between said States, or any of them, and powers foreign to them.

        To receive from the States the arms, etc., acquired from the U. S.


        SEC. 2. And be it further enacted, That the President is hereby authorized to receive from the several States the arms and munitions of war which have been acquired from the United States, and which are now in the forts, arsenals and navy yards of the said States, and all other arms and munitions which they may desire to turn over and make chargeable to this government.

        To receive into service forces of the States; for what time.


        SEC. 3. Be it further enacted, That the President be authorized to receive into the service of this government such forces now in the service of said States as may be tendered, or who may volunteer, by consent of their State, in such numbers as he may require, for any time not less than twelve months, unless sooner discharged.

        The forces may be received, with their officers, by companies, etc.


        President may appoint their general officers.


        SEC. 4. Be it further enacted, That such forces may be received, with their officers, by companies, battalions or regiments, and when so received shall form a part of the Provisional Army of the Confederate States,


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according to the terms of their enlistment; and the President shall appoint, by and with the advice and consent of Congress, such general officer or officers for said forces as may be necessary for the service.

        Pay and allowances of the forces received.


        To be subject to army rules.


        SEC. 5. Be it further enacted, That said forces, when received into the service of this government, shall have the same pay and allowances as may be provided by law for volunteers entering the service, or for the army of the Confederate States, and shall be subject to the same rules and government.

APPROVED February 28, 1861.

CHAP. XXIII.--An Act Supplemental to an act to Regulate the Rates of Postage, and for other purposes.

March 1, 1861.

        Pre-payment of postage in money.


        The Congress of the Confederate States of America do enact, That until postage stamps and stamped envelopes can be procured and distributed, the Postmaster General may order the postage of the Confederacy to be pre-paid in money, under such rules and regulations as he may adopt.

        Postmaster General authorized to contract with steamers for the transportation of the mail.


        Rates of postage.


        SEC. 2. Be it further enacted, That until otherwise provided by law, the Postmaster General may contract with any line of steamers for the transportation of mail matter between the ports of this Confederacy and the ports of foreign governments: Provided, That the rates of postage shall not exceed the rates allowed by the present laws of the United States for similar service, and the compensation to be paid shall not exceed the income from postage on such matter.

APPROVED March 1, 1861.

CHAP. XXIV.--An Act to admit Texas as a Member of the Confederate States of America.

March 2, 1861.

        State of Texas admitted into the Confederacy.


        The Congress of the Confederate States of America do enact, That the State of Texas be and is hereby admitted as a member of this Confederacy, upon an equal footing with the other Confederate States.

APPROVED March 2, 1861.

CHAP. XXV.--An Act to repeal so much of the Laws of the Confederate States of America as prohibit the introduction of Liquors, except in casks or vessels of or above certain named capacity, and for other purposes.

March 5, 1861.

        Laws prohibiting the importation of liquors, except in casks, etc., repealed;


        also laws requiring sugars to be imported in certain vessels and packages.


        The Congress of the Confederate States of America do enact, That all laws and parts of laws which prohibit the importation into this Confederacy of beer, ale or porter, or distilled spirits, except in casks or vessels not below certain prescribed capacities, also all laws requiring loaf and refined sugars to be brought in in vessels of a certain tonnage and in packages of certain sizes, be and the same are hereby repealed. And hereafter it shall be lawful to import the same, subject to the payment of the duties prescribed by law, in such quantities as the importer shall choose.

APPROVED March 5, 1861.


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Chap. XXVI.--An Act to provide for the Public Defence.

March 6, 1861.

        President authorized to employ the militia, military and naval forces,


        and to ask for and accept volunteers,


        The Congress of the Confederate States of America do enact, That in order to provide speedily forces to repel invasion, maintain the rightful possession of the Confederate States of America in every portion of territory belonging to each State, and to secure the public tranquility and independence against threatened assault, the President be, and he is hereby authorized to employ the militia, military and naval forces of the Confederate States of America, and to ask for and accept the services of any number of volunteers, not exceeding one hundred thousand, who may offer their services, either as cavalry, mounted riflemen, artillery or infantry, in such proportion of these several arms as he may deem expedient, to serve for twelve months after they shall be mustered into service, unless sooner discharged.

        How long militia to serve.


        Sec. 2. And be it further enacted, That the militia, when called into service by virtue of this act or any other act, if in the opinion of the President the public interest requires, may be compelled to serve for a term not exceeding six months after they shall be mustered into service, unless sooner discharged.

        What the volunteers to furnish.


        To be armed by the States.


        Sec. 3. And be it further enacted, That said volunteers shall furnish their own clothes, and, if mounted men, their own horses and horse equipments; and when mustered into service, shall be armed by the States from which they come, or by the Confederate States of America.

        Volunteers to be subject to rules and articles of war.


        To receive money in lieu of clothing.


        Sec. 4. And be it further enacted, That said volunteers shall, when called into actual service, and while remaining therein, be subject to the rules and articles of war, and instead of clothing, every non-commissioned officer and private in any company shall be entitled, when called into actual service, in money to a sum equal to the cost of clothing of a non-commissioned officer or private in the regular army of the Confederate States of America.

        May be accepted in companies, squadrons, etc.


        Officers; how appointed.


        Sec. 5. And be it further enacted, That the said volunteers so offering their services may be accepted by the President in companies, squadrons, battalions and regiments, whose officers shall be appointed in the manner prescribed by law in the several States to which they shall respectively belong; but when inspected, mustered, and received into the service of the Confederate States, said troops shall be regarded in all respects as a part of the army of said Confederate States, according to the terms of their respective enlistments.

        President may organize volunteer companies, battalions, etc.


        And appoint officers for brigades and divisions.


        May apportion the staff and general officers.


        Sec. 6. And be it further enacted, That the President is hereby authorized to organize companies so tendering their services into battalions or squadrons, battalions or squadrons into regiments, regiments into brigades, and brigades into divisions, whenever in his judgment such organization may be expedient; and whenever brigades or divisions shall be organized, the President shall appoint the commanding officers for such brigades and divisions, subject to the confirmation of Congress, who shall hold their offices only while such brigades and divisions are in service; and the President shall, if necessary, apportion the staff and general officers among the respective States from which the volunteers shall tender their services, as he may deem proper.

        Organization and pay of the militia and volunteers.


        Allowance for use and risk of horses.


        Sec. 7. And be it further enacted, That whenever the militia or volunteers are called and received into the service of the Confederate States, under the provisions of this act, they shall have the same organization, and shall have the same pay and allowances as may be provided for the regular army; and all mounted non-commissioned officers, privates, musicians and artificers shall be allowed forty cents per day for the use and risk of their horses; and if any volunteer shall not keep


Page 46

himself provided with a serviceable horse, such volunteer shall serve on foot. For horses killed in action, volunteers shall be allowed compensation according to their appraised value at the date of muster into service.

        Officers of a separate battalion of volunteers.


        Additional second lieutenant to each company.


        President may limit number of privates.


        Sec. 8. And be it further enacted, That the field and staff officers of a separate battalion of volunteers shall be one lieutenant-colonel or major, one adjutant with the rank of lieutenant, one sergeant major, one quartermaster sergeant, and a chief bugler or principal musician, according to corps; and that each company shall be entitled to an additional second lieutenant; and that the President may limit the privates in any volunteer company, according to his discretion, at from sixty-four to one hundred.

        Additional officers, and when and by whom appointed for the Quartermaster, Commissary and Medical Departments.


        Bond and security required.


        Pay and emoluments.


        How long to continue in service.


        Sec. 9. And be it further enacted, That when volunteers or militia are called into the service of the Confederate States in such numbers that the officers of the quartermaster, commissary and medical departments, which may be authorized by law for the regular service, are not sufficient to provide for the supplying, quartering, transporting, and furnishing them with the requisite medical attendance, it shall be lawful for the President to appoint, with the advice and consent of the Congress, as many additional officers of said departments as the service may require, not exceeding one commissary and one quartermaster for each brigade, with the rank of major, and one assistant quartermaster with the rank of captain, one assistant commissary with the rank of captain, one surgeon and one assistant surgeon for each regiment; the said quartermasters and commissaries, assistant quartermasters and commissaries, to give bonds with good sureties for the faithful performance of their duties; the said officers to be allowed the same pay and emoluments as shall be allowed to officers of the same grade in the regular service, and to be subject to the rules and articles of war, and to continue in service only so long as their services may be required in connection with the militia or volunteers.

        President may purchase and equip vessels, etc., fit for or easily converted into armed vessels.


        Sec. 10. And be it further enacted, That the President be, and he is hereby authorized to purchase or charter, arm, equip and man such merchant vessels and steamships or boats as may be found fit or easily converted into armed vessels, and in such number as he may deem necessary for the protection of the seaboard and the general defence of the country.

Approved March 6, 1861.

Chap. XXVII.--An Act to provide for the Registration of Vessels owned in whole or in part by citizens of the Confederate States.

March 6, 1861.

        What vessels may be registered.


        The Congress of the Confederate States of America do enact, That all vessels, wherever built, one-fourth or more of which shall be owned by a citizen or citizens of the Confederate States, and commanded by a citizen thereof, shall be registered as a vessel of the Confederacy at the custom-houses thereof: Provided, That a majority in interest of the owners shall consent to such registration, and such vessels be not registered elsewhere.

Approved March 6, 1861.


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CHAP. XXVIII.--An Act to establish and organize a Bureau in connection with the Department of the Treasury, to be known as the Lighthouse Bureau.

March 6, 1861.

        Lighthouse Bureau established.


        Officers, and their salaries.


        The Congress of the Confederate States of America] do enact, That there shall be established in connection with the Department of the Treasury a bureau, to be known as the Lighthouse Bureau. The chief officer of such bureau shall be a captain or commander of the navy, detailed for this service by order of the President of the Confederate States, who shall receive as his compensation the same pay allowed to officers of the same rank in the navy. There shall be appointed also a chief clerk, with a salary of twelve hundred dollars, and an accounting clerk, with a salary of one thousand dollars.

        Matters under the control and direction of the Lighthouse Bureau.


        SEC. 2. All lighthouses, light vessels, buoys, and other aids to navigation, all the officers connected therewith, and all matters connected with the construction, repair, illumination, inspection and government thereof, and all duties appertaining to the administration of lighthouse affairs, shall be under the direction and control of the Lighthouse Bureau hereby established, subject at all times to the superintendence of the Secretary of the Treasury.

        Chief of bureau to divide sea-coast into districts


        Inspector for each district.


        His duties, and pay.


        SEC. 3. The chief of the bureau shall, as soon as possible, divide the sea-coasts of the Confederate States into districts not exceeding five in number, as the Secretary of the Treasury may deem expedient, and over each of these districts the President shall appoint an inspector, to be selected from the lieutenants in the navy, who shall discharge all the duties of inspection, survey or otherwise which may be required of him by the chief of the bureau. For these services the inspectors shall receive only their regular pay in the navy.

        Detail of officers of the engineer corps to superintend construction of lighthouses, etc.


        Other duties.


        SEC. 4. The President of the Confederate States may from time to time, at the request of the Secretary of the Treasury, detail one or more of the officers of the engineer corps of the army, to be employed under the direction of the Lighthouse Bureau, in superintending the construction or repair of light houses or other necessary structures in connection with the lighthouse establishment, or other similar duty assigned by the Lighthouse Bureau in connection therewith.

        Report by chief of the bureau to Secretary of the Treasury.


        SEC. 5. The chief of the bureau shall, at least once every year, make a full report to the Secretary of the Treasury, giving a full statement of the operations of the lighthouse establishment. He shall also from time to time give such information to the Secretary of the Treasury as he may require in reference to his bureau.

        Laws repealed.


        SEC. 6. All laws and parts of laws contravening the provisions of this act are hereby repealed.

APPROVED March 6, 1861.

CHAP. XXIX.--An Act for establishment and organization of the Army of the Confederate States of America.

March 6, 1861.

        Military establishment; of what composed.


        The Congress of the Confederate States of America do enact, That from and after the passage of this act the military establishment of the Confederate States shall be composed of one corps of engineers, one corps of artillery, six regiments of infantry, one regiment of cavalry, and of the staff departments already established by law.

        Corps of Engineers


        SEC. 2. The corps of engineers shall consist of one colonel, four majors, five captains, and one company of sappers, miners, and pontoniers, which shall consist of ten sergeants or master workmen, ten corporals or overseers, two musicians, and thirty-nine privates of the first class, or artificers, and thirty-nine privates of the second class, or laborers, making in all one hundred.


Page 48

        Officers of company of sappers, miners, and pontoniers.


        Their duties.


        SEC. 3. The said company shall be officered by one captain of the corps of engineers, and as many lieutenants, to be selected by the President from the line of the army, as he may deem necessary for the services, and shall be instructed in and perform all the duties of sappers, miners, and pontoniers, and shall, moreover, under the orders of the chief engineer, be liable to serve by detachments in overseeing and aiding laborers upon fortifications or other works under the engineer department, and in supervising finished fortifications, as fort-keepers, preventing injury and making repairs.

        Duties of Colonel of the Engineer corps.


        SEC. 4. It shall be the duty of the colonel of the engineer corps, subject to the approval of the Secretary of War, to prescribe the number, quantity, form, dimensions, etc., of the necessary vehicles, arms, pontons, tools, implements, and other supplies for the service of the said company as a body of sappers, miners, and pontoniers.

        Corps of Artillery.


        SEC. 5. The corps of artillery, which shall also be charged with ordnance duties, shall consist of one colonel, one lieutenant colonel, ten majors, and forty companies of artillerists and artificers; and each company shall consist of one captain, two first lieutenants, one second lieutenant, four sergeants, four corporals, two musicians, and seventy privates. There shall also be one adjutant, to be selected by the colonel from the first lieutenants, and one sergeant-major, to be selected from the enlisted men of the corps. The President may equip as light batteries, of six pieces each, such of these companies as he may deem expedient, not exceeding four in time of peace.

        Regiments of Infantry.


        SEC. 6. Each regiment of infantry shall consist of one colonel, one lieutenant colonel, one major, and ten companies; each company shall consist of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, two musicians and ninety privates; and to each regiment there shall be attached one adjutant, to be selected from the lieutenants, and one sergeant-major, to be selected from the enlisted men of the regiment.

        Regiment of Cavalry.


        SEC. 7. The regiment of cavalry shall consist of one colonel, one lieutenant colonel, one major, and ten companies, each of which shall consist of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, one farrier, one blacksmith, two musicians, and sixty privates. There shall also be one adjutant and one sergeant-major, to be selected as aforesaid.

        Brigadier Generals and their aids-de-camp; their duties.


        SEC. 8. There shall be four brigadier generals, who shall be assigned to such commands and duties as the President may specially direct, and shall be entitled to one aid-de-camp each, to be selected from the subalterns of the line of the army, who, in addition to their duties as aids-de-camp, may perform the duties of assistants adjutant general.

        President to appoint all officers of the army.


        Term of enlistment of the rank and file.


        SEC. 9. All officers of the army shall be appointed by the President, by and with the advice and consent of the Congress, and the rank and file shall be enlisted for a term not less than three nor more than five years, under such regulations as may be established.

        Examination of officers.


        SEC. 10. No officer shall be appointed in the army until he shall have passed an examination satisfactory to the President, and in such manner as he may prescribe, as to his character and fitness for the service. The President, however, shall have power to postpone this examination for one year after appointment, if in his judgment necessary for the public interest.

        How vacancies filled.


        Promotion.


        Brigadier Generals to be selected from the Army.


        SEC. 11. All vacancies in established regiments and corps, to and including the rank of colonel, shall be filled by promotion according to seniority, except in case of disability or other incompetency. Promotions to and including the rank of colonel shall be made regimentally in the infantry and cavalry, in the staff departments, and in the engineers


Page 49

and artillery, according to corps. Appointments to the rank of brigadier general, after the army is organized, shall be made by selection from the army.

        Appointment of subaltern officers.


        Proviso.


        SEC. 12. The President of the Confederate States is hereby authorized to appoint to the lowest grade of subaltern officers such meritorious non-commissioned officers as may, upon the recommendation of their colonels and company officers, be brought before an army board, specially convened, for the purpose, and found qualified for the duties of commissioned officers, and to attach them to regiments or corps, as supernumerary officers, if there be no vacancies: Provided, There shall not be more than one so attached to any one company at the same time.

        Pay of Brigadier General;


        of his aid-de-camp.


        SEC. 13. The pay of a brigadier general shall be three hundred and one dollars per month The aid-de-camp of a brigadier general, in addition to his pay as lieutenant, shall receive thirty-five dollars per month.

        Pay of officers of the Engineer Corps.


        SEC. 14. The monthly pay of the officers of the corps of engineers shall be as follows: of the colonel, two hundred and ten dollars; of a major, one hundred and sixty-two dollars; of a captain, one hundred and forty dollars; lieutenants serving with the company of sappers and miners shall receive the pay of cavalry officers of the same grade.

        Pay of officers of Artillery.


        SEC. 15. The monthly pay of the colonel of the corps of artillery shall be two hundred and ten dollars; of a lieutenant colonel, one hundred and eighty-five dollars; of a major, one hundred and fifty dollars, and when serving on ordnance duty, one hundred and sixty-two dollars; of a captain, one hundred and thirty dollars; of a first lieutenant, ninety dollars; of a second lieutenant, eighty dollars; and the adjutant shall receive, in addition to his pay as lieutenant, ten dollars per month. Officers of artillery serving in the light artillery, or performing ordnance duty, shall receive the same pay as officers of cavalry of the same grade.

        Pay of officers of Infantry.


        SEC. 16. The monthly pay of the officers of the infantry shall be as follows: of a colonel, one hundred and ninety-five dollars; of a lieutenant colonel, one hundred and seventy dollars; of a major, one hundred and fifty dollars; of a captain, one hundred and thirty dollars; of a first lieutenant, ninety dollars; of a second lieutenant, eighty dollars; the adjutant, in addition to his pay as lieutenant, ten dollars.

        Pay of officers of Cavalry.


        SEC. 17. The monthly pay of the officers of the cavalry shall be as follows: of a colonel, two hundred and ten dollars; of a lieutenant colonel, one hundred and eighty-five dollars; a major, one hundred and sixty-two dollars; a captain, one hundred and forty dollars; a first lieutenant, one hundred dollars; a second lieutenant, ninety dollars; the adjutant, ten dollars per month, in addition to his pay as lieutenant.

        Pay of officers of the General Staff.


        Pay of Surgeon General.


        Pay of Surgeons and Ass't Surgeons.


        SEC. 18. The pay of the officers of the general staff, except those of the medical department, shall be the same as that of officers of cavalry of the same grade. The surgeon general shall receive an annual salary of three thousand dollars, which shall be in full of all pay and allowances, except fuel and quarters. The monthly pay of a surgeon, of ten years' service in that grade, shall be two hundred dollars; a surgeon of less than ten years' service in that grade, one hundred and sixty-two dollars; an assistant surgeon of ten years' service in that grade, one hundred and fifty dollars; an assistant surgeon of five year's service in that grade, one hundred and thirty dollars; and an assistant surgeon of less than five years' service, one hundred and ten dollars.

        Additional pay of commissioned officers, and of United States officers who have resigned or may resign.


        SEC. 19. There shall be allowed in addition to the pay hereinbefore


Page 50

provided, to every commissioned officer except the surgeon general, nine dollars per month for every five years' service; and to the officers of the army of the United States, who have resigned or may resign to be received into the service of the Confederate States, this additional pay shall be allowed from the date of their entrance into the former service. There shall also be an additional monthly allowance to every general officer commanding in chief a separate army actually in the field, [of] one hundred dollars.

        The pay of officers to be in full of all allowances, except forage, fuel, etc.


        Allowance of forage, fuel, and quarters; how fixed and furnished.


        May be commuted.


        Mileage allowed officers.


        SEC. 20. The pay of officers, as hereinbefore established, shall be in full of all allowances, except forage, fuel, quarters, and travelling expenses while travelling under orders. The allowance of forage, fuel and quarters shall be fixed by regulations and shall be furnished in kind, except when officers are serving at stations without troops where public quarters cannot be had, in which case there may be allowed, in lieu of forage, eight dollars per month for each horse to which they may be entitled, provided they are actually kept in service and mustered; and quarters may be commuted at a rate to be fixed by the Secretary of War, and fuel at the market price delivered. An officer when travelling under orders shall be allowed mileage at the rate of ten cents per mile.

        Forage allowed officers of the army in time of war;


        in time of peace.


        No enlisted man to he employed as a servant.


        SEC. 21. In time of war, officers of the army shall be entitled to draw forage for horses, according to grade, as follows: A brigadier general, four; the adjutant and inspector general, quartermaster general, commissary general, and the colonels of engineers, artillery, infantry and cavalry, three each; all lieutenant colonels and majors, and captains of the general staff, engineer corps, light artillery and cavalry, three each: lieutenants serving in the corps of engineers, lieutenants of light artillery and of cavalry, two each. In time of peace: general and field officers, three; officers below the rank of field officers, in the general staff corps of engineers, light artillery and cavalry, two; provided in all cases that the horses are actually kept in service and mustered. No enlisted man in the service of the Confederate States shall be employed as a servant by any officer of the army.

        Pay of enlisted men.


        SEC. 22. The monthly pay of the enlisted men of the army of the Confederate States shall be as follows: That of a sergeant or master workman of the engineer corps, thirty-four dollars; that of a corporal or overseer, twenty dollars; privates of the first class, or artificers, seventeen dollars; and privates of the second class, or laborers, and musicians, thirteen dollars. The sergeant major of cavalry, twenty-one dollars; first sergeants, twenty dollars; sergeants, seventeen dollars; corporals, farriers and blacksmiths, thirteen dollars; musicians, thirteen dollars; and privates, twelve dollars. Sergeants major of artillery and infantry, twenty-one dollars; first sergeants, twenty dollars each; sergeants, seventeen dollars; corporals and artificers, thirteen dollars; musicians, twelve dollars; and privates, eleven dollars each. The non-commissioned officers, artificers, musicians and privates serving in light batteries, shall receive the same pay as those of cavalry.

        President authorized to enlist master armorers, and others, for ordnance service.


        Their pay.


        SEC. 23. The President shall be authorized to enlist as many master armorers, master carriage-makers, master blacksmiths, armorers, carriage-makers, blacksmiths, artificers and laborers, for ordnance service, as he may deem necessary, not exceeding in all one hundred men, who shall be attached to the corps of artillery. The pay of a master armorer, master carriage-maker, master blacksmith, shall be thirty-four dollars per month; armorers, carriage-makers and blacksmiths, twenty dollars per month; artificers, seventeen dollars, and laborers, thirteen dollars per month.

        Rations.


        Clothing.


        SEC. 24. Each enlisted man of the army of the Confederate States


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shall receive one ration per day, and a yearly allowance of clothing, the quantity and kind of each to be established by regulations from the War Department, to be approved by the President.

        Rations issued in kind; commutation value fixed.


        SEC. 25. Rations shall generally be issued in kind, but under circumstances rendering a commutation necessary, the commutation value of the ration shall be fixed by regulations of the War Department, to be approved by the President.

        Duties of officers.


        Secretary of War to prescribe details for the general government of the Army.


        SEC. 26. The officers appointed in the army of the Confederate States by virtue of this act, shall perform all military duties to which they may be severally assigned by authority of the President, and it shall be the duty of the Secretary of War to prepare and publish regulations, prescribing the details of every department in the service, for the general government of the army, which regulations shall be approved by the President, and when so approved shall be binding

        Quartermasters and commissaries to give bond.


        SEC. 27. All officers of the quartermaster's and commissary departments shall, previous to entering on the duties of their respective offices, give bonds, with good and sufficient sureties, to the Confederate States, in such sum as the Secretary of War shall direct, fully to account for all moneys and public property which they may receive.

        Not to be concerned in certain purchases or sales.


        SEC. 28. Neither the quartermaster general, the commissary general, nor any or either of their assistants, shall be concerned, directly or indirectly, in the purchase or sale of any articles intended for, making a part of, or appertaining to public supplies, except for and on account of the Confederate States; nor shall they, or either of them, take or apply to his or their own use any gain or emolument for negotiating any business in their respective departments, other than what is or may be allowed by law.

        Rules and articles of war.


        SEC. 29. The Rules and Articles of War established by the laws of the United States of America for the government of the army are hereby declared to be of force, except that wherever the words "United States" occur, the words "Confederate States" shall be substituted therefor; and except that the articles of war numbers sixty-one and sixty-two are hereby abrogated, and the following articles substituted therefor:

        "ARTICLE 61. Officers having brevets or commissions of a prior date to those of the corps in which they serve will take place on courts marshal or of inquiry, and on boards detailed for military purposes, when composed of different corps, according to the ranks given them in their brevet or former commissions, but in the regiment, corps, or company to which such officers belong, they shall do duty and take rank, both in courts and on boards as aforesaid, which shall be composed of their own corps, according to the commissions by which they are there mustered.

        "ARTICLE 62. If upon marches, guards, or in quarters, different corps shall happen to join or do duty together, the officer highest in rank, according to the commission by which he is mustered in the army, navy, marine corps, or militia, there on duty by orders from competent authority, shall command the whole and give orders for what is needful for the service, unless otherwise directed by the President of the Confederate States in orders of special assignment providing for the case."

        Only such troops as are needed to be called into service.


        SEC. 30. The President shall call into the service of the Confederate States only so many of the troops herein provided for as he may deem the safety of the Confederacy may require.

        Laws repealed.


        SEC. 31. All laws or parts of laws of the United States, which have


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been adopted by the Congress of the Confederate States, repugnant to or inconsistent with this act, are hereby repealed.

APPROVED March 6, 1861.

CHAP. XXX.--An Act to create the Clerical Force of the several Executive Departments of the Confederate States of America, and for other purposes.

March 7, 1861.

        Clerical force of the several Departments.


        The Congress of the Confederate States of America do enact, That the clerical force of the several departments of the Confederate States of America shall consist of the following officers:

        Clerks in the State Department, and their salaries.


        To the State Department there shall be one chief clerk, at a salary of fifteen hundred dollars per annum, and one clerk, at a salary of twelve hundred dollars per annum, and also a messenger, whose annual compensation shall be five hundred dollars.

        Clerks in the Treasury Department, and their salaries.


        Messenger.


        To the Treasury Department there shall be a chief clerk, whose salary shall be fifteen hundred dollars per annum, and three other clerks, who shall receive each twelve hundred dollars per annum; and there shall be one messenger, at an annual compensation of five hundred dollars.

        Clerks to each of the bureaus of the Treasury Departm't, and their salaries.


        Messengers.


        To each of the bureaus of the Treasury Department, viz.: the Comptroller, the Auditor, the Register and the Treasurer, there shall be a chief clerk, whose salaries shall be each fifteen hundred dollars per annum; and to all of said bureaus there shall be twenty-two clerks, eleven of whom shall receive salaries of twelve hundred dollars each per annum, and eleven shall receive salaries of one thousand dollars each per annum; and the said Secretary of the Treasury shall have power to distribute said twenty-two clerks among the said bureaus, as in his judgment will best subserve the public interest; and to each of the offices of Comptroller, Auditor, Register and Treasurer, there shall be a messenger, with an annual salary of five hundred dollars.

        Chief of the bureau and clerks in the War Department, and their salaries.


        Messenger.


        Clerks of the bureaus


        To the War Department there shall be a Chief of the Bureau of War, at an annual salary of three thousand dollars, and five clerks, who shall each receive twelve hundred dollars per annum; and one of them may be appointed disbursing clerk, with an additional salary of six hundred dollars, who shall give bond with sureties, to be approved by the Secretary of War. There shall also be one messenger, whose compensation shall be five hundred dollars per annum. And to all of the bureaus of the War Department, viz.: the Adjutant and Inspector General, Quartermaster General, the Commissary General, the Surgeon General, the Chief Engineer and the Artillery, there shall be fourteen clerks, seven of whom shall receive each a salary of twelve hundred dollars, and seven a salary each of one thousand dollars per annum.

        Secretary of War to assign clerks to duty.


        Messengers to bureaus.


        And the Secretary of War is hereby authorized to assign said clerks to duty in the respective offices enumerated, as in his judgment will best promote the public service. And to each of said named bureaus, except the office of Surgeon General, there shall be, if deemed necessary by the Secretary of War, a messenger, at an annual compensation of five hundred dollars.

        Assistant Postmaster General and clerks in the Postoffice Department; their salaries.


        Messenger.


        To the Postoffice Department there shall be an Assistant Postmaster General, with a salary of three thousand dollars per annum, and a chief clerk at a salary of fifteen hundred dollars per annum, and ten other clerks, five of whom shall receive salaries each of twelve hundred, and five shall receive salaries each of one thousand dollars per


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annum. And there shall be one messenger, at an annual salary of five hundred dollars.

        Assistant Attorney General and clerk in the Department of Justice, and their salaries.


        Messenger.


        To the Department of Justice there shall be an Assistant Attorney General, at a salary of twenty-five hundred dollars per annum, and one clerk, whose annual salary shall be twelve hundred dollars, and also a messenger, at a salary of five hundred dollars.

        Salaries of Assistant Secretary of State and of the Treasury, and Chiefs of Bureaus in the Treasury Department.


        SEC. 2. The annual salaries of the Assistant Secretary of State, the Assistant Secretary of the Treasury, the Comptroller, the Auditor, the Register, and the Treasurer, shall each be the sum of three thousand dollars per annum.

        Officers in President's household, and their salaries.


        SEC. 3. The President of the Confederate States of America is hereby authorized to appoint or employ in his official household the following officers, to-wit: one private secretary, at an annual salary of twelve hundred dollars, and one messenger, at an annual salary of five hundred dollars.

        Increase of clerical force in the several departments.


        Laborers may be be employed for the Departments; their compensation.


        SEC. 4. And be it further enacted, That the Secretaries of State, Treasury, War, Navy, Attorney General, and Postmaster General, are hereby authorized to employ such other clerical force in their respective departments as the exigencies of the public service may absolutely require, being limited in the compensation to the lower grade of salary for clerks provided for in this bill; they are also empowered to employ such laborers for their respective offices as may be required, not exceeding one for each of the executive departments, and whose compensation shall not exceed one dollar and fifty cents per day.

APPROVED March 7, 1861.

CHAP. XXXI.--An Act to create the Clerical Force of the Navy Department.

March 8, 1861.

        Clerks in the Navy Department and their salaries.


        Messenger, and his compensation.


        The Congress of the Confederate States of America do enact, That the clerical force of the Navy Department shall consist of one chief clerk, at a salary of fifteen hundred dollars per annum, who shall also perform the duties of disbursing agent and corresponding clerk of said department, and receive therefor an extra compensation of six hundred dollars per annum, and also three other clerks, two of whom shall receive a salary each of twelve hundred dollars per annum, and one a salary of one thousand dollars per annum; and there shall be attached to said department a messenger, whose annual compensation shall be five hundred dollars.

APPROVED March 8, 1861.

CHAP. XXXII.--An Act to admit certain materials free of Duty, for the construction of Telegraphic Lines from Savannah, in the State of Georgia, to Fort Pulaski, and from Mobile, in the State of Alabama, to Fort Morgan.

March 9, 1861.

        Cable wire, etc., for a certain telegraphic line, admitted free of duty;


        The Congress of the Confederate States of America do enact, That certain cable wire and other materials for the construction of a telegraphic line between the city of Savannah, in the State of Georgia, and Fort Pulaski, in the same State, which may be imported by C. C. Walden, the contractor for said line, be admitted free of duty, upon satisfactory proof being submitted to the collector of the port of Savannah that the materials herein designated are imported for and applied to the construction of the said telegraphic line.


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        also materials to construct a certain other telegraphic line.


        SEC. 2. And be it further enacted, That the materials necessary to construct a telegraphic line from Mobile to Fort Morgan may also be imported free of duty.

APPROVED March 9, 1861.

CHAP. XXXIII--An Act to authorize the Issue of Treasury Notes, and to prescribe the Punishment for forging the same, and for forging certificates of Stock, Bonds, or Coupons.

March 9, 1861.

        President to cause Treasury notes to be issued.


        The Congress of the Confederate States of America do enact, That the President of the Confederate States of America is hereby authorized to cause treasury notes to be issued for such sum or sums as the exigencies of the public service may require, but not to exceed at any time one million of dollars, and of denominations not less than fifty dollars for any such note, to be prepared, signed and issued in the manner hereinafter provided.

        When to be paid and redeemed.


        SEC. 2. And be it further enacted, That such treasury notes shall be paid and redeemed by the Confederate States at the treasury thereof, after the expiration of one year from the dates of said notes, from which dates they shall bear interest at the rate of one cent per day for every hundred dollars issued: Provided, That after the maturity of any of said notes, interest thereon shall cease at the expiration of sixty days' notice of readiness to pay and redeem the same, which may at any time or times be given by the Secretary of the Treasury, in one or more newspapers published at the seat of government. The payment or redeemption of said notes herein provided shall be made to the lawful holders thereof respectively, upon presentment at the treasury, and shall include the principal of each note and the interest which shall be due thereon. And for such payment and redeemption, at the time or times herein specified, the faith of the Confederate States of America is hereby pledged.

        Preparation and signing of Treasury notes.


        Accounts to be kept of notes issued, redeemed and cancelled.


        SEC. 3. And be it further enacted, That such treasury notes shall be prepared under the direction of the Secretary of the Treasury, and shall be signed, in behalf of the Confederate States of America, by the treasurer thereof, and countersigned by the register of the treasury. Each of these officers shall keep, in a book or books provided for that purpose, separate, full and accurate accounts, showing the number, date, amount and rate of interest of each treasury note signed and countersigned by them respectively; and also similar accounts, showing all such notes as may be paid, redeemed and cancelled, as the same may be returned, all which accounts shall be carefully preserved in the Treasury Department. And the treasurer shall account quarterly for all such treasury notes as shall have been countersigned by the register and delivered to the treasurer for issue.

        To be issued in payment of warrants in favor of public creditors.


        Borrowing of money on the credit of treasury notes.


        SEC. 4. And be it further enacted, That the Secretary of the Treasury is hereby authorized, with the approbation of the President, to cause such portion of said treasury notes as may be deemed expeid[i]ent to be issued by the treasurer in payment of warrants in favor of public creditors or other persons lawfully entitled to such payment who may choose to receive such notes in payment at par. And the Secretary of the Treasury is further authorized, with the approbation of the President, to borrow from time to time such sums of money, upon the credit of such notes, as the President may deem expedient: Provided, That no treasury notes shall be pledged, hypothecated, sold or disposed of in any way, for any purpose whatever, either directly or indirectly, for any sum less than the amount of such notes, including the principal and interest thereof.


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        Notes transferable by assignment.


        SEC. 5. And be it further enacted, That said treasury notes shall be transferable, by assignment, endorsed thereon by the person to whose order the same shall be made payable, accompanied together with the delivery of notes so assigned.

        Receivable in payment of all dues to the C. S., except the export duty on cotton.


        SEC. 6. And be it further enacted, That said treasury notes shall be received by the proper officers in payment of all duties and taxes laid by the authority of the Confederate States of America, of all public lands sold by said authority, and of all debts to the Confederate States of America, of any character whatever, which may be due and payable at the time when said treasury notes may be offered in payment thereof, except the export duty on cotton; and upon every such payment credit shall be given for the amount of principal and interest, if any, due on the note or notes received in payment on the day when the same shall have been received by such officer.

        Public officers to take receipts on treasury notes from the holders.


        Entries of treasury notes received in payment of public dues, and the character thereof.


        SEC. 7. And be it further enacted, That every collector of the customs, receiver of public moneys, or other officer or agent of the Confederate States of America, who shall receive any treasury note or notes in payment on account of the Confederate States of America, shall take from the holder of such note or notes a receipt upon the back of each, stating distinctly the date of such payment and the amount allowed upon such note; and every such officer or agent shall keep regular and specific entries of all treasury notes received in payment, showing the person from whom received, the number, date and amount of principal and interest, if any, allowed on each and every treasury note received in payment, which entries shall be delivered to the treasury, with the treasury note or notes mentioned therein, and if found correct, such officer or agent shall receive credit for the amount.

        Secretary of the Treasury to make rules, as to the custody, disposal, etc, of the notes,


        and the accounts and returns of such receipts.


        SEC. 8. And be it further enacted, That the Secretary of the Treasury be and he hereby is authorized to make and issue from time to time such instructions, rules and regulations to the several collectors, receivers, depositaries and all others who may be required to receive such treasury notes in behalf of and as agents in any capacity for the Confederate States of America, as to the custody, disposal, cancelling and return of any such notes as may be paid to and received by them respectively, and as to the accounts and returns to be made to the Treasury Department of such receipts, as he shall deem best calculated to promote the public convenience and security, and to protect the Confederate States of America, as well as individuals, from frauds and loss.

        Payment of treasury notes.


        SEC. 9. And be it further enacted, That the Secretary of the Treasury be and he hereby is authorized and directed to cause to be paid the principal and interest of such treasury notes as may be issued under this act, at the time and times when, according to its provisions, the same should be paid. And the said secretary is further authorized to purchase said notes at par, for the amount of principal and interest due at the time of the purchase of such notes. And so much of any unappropriated money in the treasury as may be necessary for the purpose is hereby appropriated to the payment of the principal and interest on said notes.

        Other treasury notes may be issued in lieu of those paid and reserved.


        SEC. 10. And be it further enacted, That in place of such treasury notes as may have been paid and redeemed, other treasury notes to the same amount may be issued: Provided, That the aggregate sum outstanding under the authority of this act shall at no time exceed one million of dollars: And provided further, That the power to issue and re-issue treasury notes conferred on the President by this act, shall cease and determine on the first day of March, eighteen hundred and sixty-two.


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        Forging or counterfeiting of treasury notes.


        Penalty


        SEC. 11. And be it further enacted, That if any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting any note in imitation of or purporting to be a treasury note, issued as aforesaid, or shall pass, utter or publish, or attempt to pass, utter or publish as true any false, forged or counterfeited note, purporting to be a treasury note as aforesaid, knowing the same to be falsely made, forged or counterfeited, or shall falsely alter, or cause or procure to be falsely altered, or willingly aid and assist in falsely altering any treasury note issued as aforesaid, or shall pass, utter or publish, or attempt to pass, utter or publish as true any falsely altered treasury note, issued as aforesaid, knowing the same to be falsely altered, every such person shall be deemed and adjuged guilty of felony, and being thereof convicted by due course of law, shall be sentenced to be imprisioned and kept at hard labor for a period not less than three years nor more than ten years, and to be fined in a sum not exceeding five thousand dollars.

        Penalty for making or engraving plates to be used in forging or counterfeiting such notes.


        SEC. 12. And be it further enacted, That if any person shall make or engrave, or cause or procure to be made or engraved, or shall have in his possession any metallic plate engraved after the similitude of any plate from which any notes issued as aforesaid shall have been printed, with intent to use such plate, or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid, or shall have in his custody or possession any blank note or notes engraved and printed after the similitude of any notes issued as aforesaid, with intent to use such blanks, or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid, or shall have in his custody or possession any paper adapted to the making of such notes, and similar to the paper upon which any such notes shall have been issued, with intent to use such paper or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid, every such person, being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a term not less than three nor more than ten years, and fined in a sum not exceeding five thousand dollars.

        Penalty for forging or counterfeiting any certificate of stock or bond, or coupon issued under the act of the 28th Feb., 1861.


        SEC. 13. And be it further enacted, That if any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making or forging, or counterfeiting any certificate of stock or bond, or coupon, in imitation of or purporting to be a certificate of stock or bond, or coupon, issued in accordance with the provisions of the act entitled an act to raise money for the support of the government, and to provide for the defence of the Confederate States of America, approved the twenty-eighth day of February, eighteen hundred and sixty-one, or shall pass, utter or publish, or attempt to pass, utter or publish as true any false, forged or counterfeited certificate of stock or bond, or coupon, purporting to be a certificate of stock or bond, or coupon, as aforesaid, knowing the same to be falsely made, forged or counterfeited, or shall falsely alter or cause, or procure to be falsely altered, or willingly aid or assist in falsely altering any certificate of stock or bond, or coupon, issued as aforesaid, or shall pass, utter or publish, or attempt to pass, utter or publish as true any falsely altered certificate of stock or bond, or coupon, issued as aforesaid, knowing the same to be falsely altered, every such person shall be deemed and adjudged guilty of a felony, and being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept at labor for a period not less than three years nor more than ten years, and be fined in a sum not exceeding five thousand dollars.

APPROVED March 9, 1861.


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CHAP. XXXIV.--An Act to provide for an Assistant Treasurer of the Confederate States of America, and a Treasurer for the Mint in the City of New Orleans.

March 9, 1861.

        Branch mint at New Orleans to be the place of deposit of public moneys in that city.


        Assistant Treasurer to be appointed.


        His duties.


        Bond and security.


        Proviso.


        The Congress of the Confederate States of America do enact, That the branch mint, formerly belonging to the United States, in the city of New Orleans, and the vaults and safes thereof, shall be the place of deposite of the public money of the Confederate States of America in that city; and the President shall nominate, and by and with the advice and consent of Congress shall appoint an assistant treasurer of the Confederate States of America, who shall hold his office until the expiration of this Provisional Government. And the said assistant treasurer shall have the custody and care of all public moneys deposited in said place of deposite, and shall perform all the duties required by law to be performed by assistant treasurers of the Confederate States, who shall give a bond with sureties for the faithful discharge of the duties of his office, which bond shall be for the sum of one hundred thousand dollars, and the sureties shall be approved by the Secretary of the Treasury: Provided, That it shall not be necessary that each surety shall bind himself for the whole amount of the bond, but the aggregate amount for which the sureties are severally bound shall be equal to the full sum of one hundred thousand dollars: Provided, That each surety shall be bound for at least twenty thousand dollars.

        Assistant Treasurer's salary.


        To perform the duties of treasurer of the mint.


        SEC. 2. And it is further enacted, That the salary of said assistant treasurer shall be four thousand dollars per annum; and the said assistant treasurer shall also perform the duties of treasurer of the mint, without any further compensation than is herein provided.

APPROVED March 9, 1861.

CHAP. XXXV.--An Act further to provide for the organization of the Post Office Department.

March 9, 1861.

        Chiefs of bureaus, clerks and draftsman, in Post Office Department, and their salaries.


        Postmaster General authorized to increase clerical force.


        Messenger and laborers.


        The Congress of the Confederate States of America do enact, That to the Post Office Department there shall be a chief of the contract bureau, a chief of the appointment bureau, and a chief of the finance bureau, each of whom shall be entitled to an annual salary of two thousand five hundred dollars; also a chief clerk, who shall be entitled to an annual salary of fifteen hundred dollars; also a draftsman, for such time as his services may be required, at an annual salary of fifteen hundred dollars, or at that rate for a shorter period than one year; also ten clerks at an annual salary of twelve hundred dollars each, and ten additional clerks at an annual salary of one thousand dollars each. And the Postmaster General is hereby authorized to employ such other clerical force in his department as the exigencies of the public service may absolutely demand, the salaries of such superadded clerks to be so employed by him not to exceed one thousand dollars each; but this power, together with the tenure of such appointees, shall extend no longer than the end of the first session of the next Congress. And he may also employ one messenger, at an annual salary of five hundred dollars; and also two laborers, at an expense of not more than one dollar and fifty cents each per day.

        Act creating clerical force in the Post-Office Department, repealed.


        SEC. 2. Be it further enacted, That so much of an act entitled "An act to create the clerical force of the several executive departments of the Confederate States of America, and for other purposes," as relates to the Post Office Department of the Confederate States be and the same is hereby repealed.

        Transfer of clerks from one bureau to another.


        SEC. 3. And be it further enacted, That the Postmaster General shall have the general power to transfer the clerks authorized by this act from any one bureau to another, according to the exigencies of the public service.

APPROVED March 9, 1861.


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CHAP. XXXVI.--An Act to fix the pay of the Members of the Congress of the Confederate States of America.

March 11, 1861.

        Pay and mileage of members of Congress.


        The Congress of the Confederate States of America do enact, That the pay of the members of Congress shall be eight dollars per day during the session, and that each member shall be allowed ten cents per mile for coming to and ten cents per mile for returning from the place where Congress may assemble for each session, to be computed by the usual mail route from his residence to the seat of government.

        Same of the President of Congress.


        SEC. 2. Be it further enacted, That the pay of the President of Congress shall be sixteen dollars per day, and the same mileage as the members.

APPROVED March 11, 1861.

CHAP. XXXVII.--An Act making appropriations for the support of Three Thousand Men for twelve months, to be called into service at Charleston, South Carolina, under the third and fourth sections of An Act of the Congress "To raise Provisional Forces for the Confederate States of America, and for other purposes."

March 11, 1861.

        Appropriation for support of the Provisional troops.


        The Congress of the Confederate States of America do enact, That the following appropriations be made for the support of the provisional troops called into service by the act aforesaid: Pay of the troops, six hundred and fifty-eight thousand six hundred and eighty dollars. Forage for officers' horses and quartermasters' animals and cavalry horses, twenty thousand six hundred and sixty-two dollars. Subsistence for troops, two hundred and seventy thousand dollars. Clothing for the troops two hundred thousand dollars. Camp and garrison equipage, eighteen thousand two hundred and sixty-seven dollars and seventy-two cents. Supplies for the quartermasters' department, seventy-six thousand one hundred and sixty dollars. Fuel for troops and hospitals, fifty-nine thousand nine hundred and ninety-seven dollars. Medical and hospital department, twenty thousand dollars.

        And for additional troops to be called into service.


        SEC. 2. And be it further enacted, That the additional sum of eight hundred and sixty thousand two hundred and twenty-eight dollars and forty-five cents is hereby appropriated for the support of two thousand additional troops to be called into the service of the Confederate States for twelve months, at Charleston, South Carolina, whenever in the discretion of the President their services may be required.

APPROVED March 11, 1861.

CHAP. XXXVIII.--An Act making appropriations for the support of the Regular Army of the Confederate States of America for twelve months, and for other purposes.

March 11, 1861.

        Appropriations for the support of the regular army.


        Proviso.


        The Congress of the Confederate States of America do enact, That the following appropriations are made for the support of the regular army for twelve months, viz.: For expenses of recruiting and for transportation of recruits, one hundred and ninety-two thousand five hundred dollars. Pay of the army, two millions seventy thousand four hundred and eighty-four dollars. Forage for officers' horses and for cavalry and light artillery horses, one hundred and seven thousand two hundred dollars. Subsistence for troops, nine hundred and twelve thousand five hundred dollars. Clothing for the army, six hundred and forty-eight thousand seven hundred and eighty dollars. Camp and garrison equipage, sixty thousand dollars. Supplies for the quartermaster's department--consisting of fuel for the officers, enlisted men,


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guards, hospitals, storehouses and offices; of forage in kind for the horses, mules and oxen of the quartermaster's department, at the several posts and stations and with the armies in the field; of postage on letters and packets received and sent by officers of the army on public service; expenses of courts martial and courts of enquiry, including the additional compensation of judge advocates, recorders, members and witnesses, while in that service; extra pay to soldiers employed under the direction of the quartermaster's department in the erection of barracks, quarters, storehouses and hospitals, for constant labor for periods of not less than ten days, including those employed as clerks; expense of interment of officers killed in action, or who die when on duty in the field, or at the posts on the frontiers, and of non-commissioned officers and soldiers; authorized office furniture; hire of laborers in the quartermaster's department; compensation of clerks of the officers of the quartermaster's department; for the apprehension of deserters and the expenses incident to their pursuit; for the following expenses required for the regiment of cavalry and for the four batteries of light artillery; namely, the purchase of travelling forges, blacksmith's and shoeing tools, horse and mule shoes and nails, iron and steel for shoeing; medicine for horses and mules; picket ropes, and for shoeing the horses of the corps named--three hundred and fifty-three thousand nine hundred and fifty-six dollars. For constructing barracks and other buildings at posts which it may be necessary to occupy during the year, and for repairing, altering and enlarging buildings at the established posts, including hire or commutation of quarters for officers on military duty, hire of quarters for troops, of storehouses for the safe keeping of military stores, and of grounds for summer cantonments and for temporary frontier stations, for commutation of forage for officers' horses when it cannot be drawn in kind, three hundred and fifty thousand dollars. For mileage, or the allowance made to officers of the army for the transportation of themselves and their baggage when travelling on duty without troops, escorts or supplies, thirty-five thousand dollars: Provided, That mileage shall not be allowed when the officer has been transferred or relieved at his own request. For transportation of the army--including the baggage of the troops when moving either by land or water, of horse equipments, and of subsistence--from the places of purchase, and from the places of delivery under contract, to such places as the circumstances of the service may require them to be sent, of ordnance, ordnance stores and small arms, freights, wharfage, tolls, and ferriages, hire of horses, mules and oxen, and the purchase and repair of wagons, carts and drays, and of ships and other sea going vessels required for the transportation of supplies and for garrison purposes, for drayage and cartage at the several posts, hire of teamsters, transportation of funds for the disbursing departments, the expense of public transports on the various rivers, the gulf of Mexico and the Atlantic, six hundred and fifty thousand dollars. For the purchase of horses for the regiment of cavalry and four batteries of light artillery, one hundred and sixty-three thousand two hundred dollars. Contingencies of the army, fifteen thousand dollars. For the medical and hospital departments, seventy-five thousand dollars. Contingencies of the adjutant general's department, six hundred dollars. Armament of fortifications and purchase of light artillery, two hundred and fifty thousand dollars. Purchase, manufacture and alteration of small arms, four hundred and fifty thousand dollars. For ordnance, ordnance stores and supplies, including horse equipments for the regiment of cavalry and for light batteries, one hundred and ninety-nine thousand five hundred and forty dollars.


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        Secretary of War may apply any part of appropriations to support of the Provisional forces.


        SEC. 2. And be it further enacted, That the Secretary of War, under the direction of the President, be and he is hereby authorized to apply any portion of the appropriations made by this act to the support of the provisional forces which may be called into service, whenever in his opinion the same may be necessary.

APPROVED March 11, 1861.

CHAP. XXXIX.--An Act to establish a Court of Admiralty and Maritime Jurisdiction at Key West, in the State of Florida.

March 11, 1861.

        Court of Admiralty at Key West, State of Florida.


        Jurisdiction.


        The Congress of the Confederate States of America do enact, That a court of admiralty and maritime jurisdiction at Key West, in the State of Florida, shall be and is hereby created, which shall have cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under the revenue laws or laws of navigation and trade of the Confederate States, when the seizures are made or cause of complaint arises on waters which are navigable from the sea by vessels of ten or more tons burden, as well as upon the high seas, saving to suitors in all cases the right of a common law remedy, where the remedy at common law is ample and complete. The said court shall exercise jurisdiction in all that part of the State of Florida which lies south of a line drawn due east and west from the northern point of Charlotte Harbor, including the islands, keys, reefs, shoals, harbors, bays and inlets south of said line.

        SEC. 2. The said court shall also have cognizance of all crimes and offences cognizable under the authority of the Confederate States arising upon the high seas and within the territorial limits aforesaid. And until otherwise provided by law of Congress, the laws of the United States in regard to crimes and offences, and to the mode of procedure, practice and trial in all criminal or penal cases, shall be in force and form the rule of practice and decision in the said court.

        Judge of said court, and his salary.


        Where to reside.


        Terms of court.


        Extra session.


        SEC. 3. There shall be appointed by the President, by and with the advice and consent of Congress, a judge of said court, for the term prescribed by the Constitution, who shall receive compensation at the rate of three thousand five hundred dollars per annum, payable quarterly. The judge shall reside at Key West, in the State aforesaid, and shall hold two regular terms of said court in each year, at Key West, the one commencing on the first Monday of May, the other on the first Monday of November in each year; and shall hold extra sessions of the same from time to time, at such places in said district as occasion may require, to dispatch the business of said court. And the said court shall be at all times open for the purpose of hearing and determining all cases of admiralty and maritime jurisdiction.

        Marshal and clerk.


        Their fees.


        SEC. 4. The said judge shall also appoint a marshall and a clerk for said court, who shall be in all respects subject to the provisions of the act entitled "An Act to establish the judicial courts of the Confederate States of America," so far as the same relates to the bonds, oaths, qualifications, powers, duties, liabilities and official conduct of the clerks or marshals respectively, and to the remedy for any violation of duty, breach of bond or other official delinquency. And they shall also have the same fees for their respective service as in said act are prescribed.

        Residence of clerk, and his duties.


        Marshal to attend court, may appoint deputies.


        SEC. 5. The clerk shall reside and keep the records of the court at the place of holding the same, and it shall also be his duty to attend the sittings of the said court wherever held, and keep a record of its acts and proceedings, as if held at the regular place of holding the


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same. The said marshal shall also attend the said court wherever holden, and shall have power to appoint as many deputies as he may deem necessary, for whose official acts he shall be bound as for his own.

        Appeals and writs of error.


        SEC. 6. Appeals may be allowed and writs of error sued out from said court to the supreme court of the Confederate States, in the same manner and upon the same terms as from a district court of the Confederate States.

        Judge to appoint an attorney.


        His duties,


        and compensation.


        SEC. 7. The said judge shall also appoint for said court a fit person, learned in law, to act as attorney for the Confederate States in all matrers touching their interest, and in all crimes and offences against their laws. He shall receive for his services a salary of two hundred dollars per annum, payable quarterly, and the further sum of five dollars a day for each day that he may attend said court when in actual session.

        Business of wrecking on the coast of Florida.


        Judge may grant licenses.


        SEC. 8. And be it further enacted, That no vessel, or any master thereof, shall be regularly employed in the business of wrecking on the coast of Florida without the license of the judge of said court; and before licensing any vessel or master, the judge shall be satisfied that the vessel is seaworthy and properly and sufficiently equipped and fitted for the business of saving property shipwrecked and in distress, and that the master thereof is trustworthy and innocent of any fraud or misconduct in relation to any property shipwrecked or saved on said coast.

        When the court to conform to the practice of the District Courts.


        May make rules of practice.


        SEC. 9. That the said court shall conform to the practice of the district courts when exercising admiralty and maritime jurisdiction, and shall moreover have power to make rules to govern the practice therein, not inconsistent with the laws of the Confederate States.

        Writs and process.


        SEC. 10. All writs and process, either mesne or final, which shall issue from said court, shall bear test of the judge of said court, and shall be under the seal and signed by the clerk thereof.

        When act takes effect.


        SEC. 11. This act shall take effect and be in force from and after the passage thereof.

APPROVED March 11, 1861.

CHAP. XL.--An Act making appropriations to carry out the provisions of "An Act to Provide for the Public Defence."

March 12, 1861.

        Appropriation for the public defence, and for pay, etc, of volunteer forces.


        The Congress of the Confederate States of America do enact, That to enable the President to carry into effect the provisions of the act of the Congress of the Confederate States, entitled "An act to provide for the public defence," and to provide for the pay, subsistence and transportation of such volunteer forces as may be called into service by authority of the said act, the sum of five millions of dollars, or as much thereof as may be necessary, be and the same is hereby appropriated from any moneys in the treasury, not otherwise appropriated.

APPROVED March 12, 1861.

CHAP. XLI.--An Act amendatory of An Act for the organization of the Staff Departments of the Army, and An Act for the establishment and organization of the Army of the Confederate States of America.

March 14, 1861.

        Adjutant and Inspector General's Department re-organized.


        The Congress of the Confederate States of America do enact, That the adjutant and inspector general's department shall consist of two assistant adjutants general with the rank of lieutenant colonel, two


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assistant adjutants general with the rank of major, and four assistant adjutants general with the rank of captain.

        Brigadier General added to those heretofore appointed.


        May be assigned to the duty of Adjutant and Inspector General.


        SEC. 2. Be it further enacted, That there shall be added one brigadier general to those heretofore authorized by law, and that any one of the brigadier generals of the army of the Confederate States may be assigned to the duty of adjutant and inspector general, at the discretion of the President.

        Quartermaster General's Department re-organized.


        SEC. 3. Be it further enacted, That the quartermaster general's department shall consist of one quartermaster general with the rank of colonel, one assistant quartermaster general with the rank of lieutenant colonel, four assistant quartermasters with the rank of major, and such other officers in that department as are already provided by law.

        Commissary General's Department re-organized.


        SEC. 4. Be it further enacted, That the commissary general's department shall consist of one commissary general with the rank of colonel, one commissary with the rank of lieutenant colonel, one commissary with the rank of major, and three commissaries with the rank of captain; and as many assistant commissaries as may from time to time be required by the service may be detailed by the War Department from the subalterns of the line, who, in addition to their pay in the line, shall receive twenty dollars per month while engaged in that service.

        Commissions to officers of U. S. army who have resigned and been appointed to original vacancies in the army of the C. S., to bear the same date.


        SEC. 5. Be it further enacted, That in all cases of officers who have resigned, or who may within six months tender their resignations from the army of the United States, and who have been or may be appointed to original vacancies in the army of the Confederate States, the commissions issued shall bear one and the same date, so that the relative rank of officers of each grade shall be determined by their former commissions in the United States army, held anterior to the secession of these Confederate States from the United States.

        Oath prescribed for officers, non-commissioned officrs, musicians and privates.


        SEC. 6. Be it further enacted, That every officer, non-commissioned officer, musician and private shall take and subscribe the following oath or affirmation, to-wit: I, A. B., do solemnly swear or affirm (as the case may be) that while I continue in the service I will bear true faith and yield obedience to the Confederate States of America, and that I will serve them honestly and faithfully against their enemies, and that I will observe and obey the orders of the President of the Confederate States and the orders of the officers appointed over me, according to the rules and articles of war.

        Laws militating against this act, repealed.


        SEC. 7. Be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed.

APPROVED March 14, 1861.

CHAP. XLII.--An Act to regulate Foreign Coins in the Confederate States.

March 14, 1861.

        Laws of the U. S. for the regulation of the mints and branch mints, declared to be in force.


        The Congress of the Confederate States of America do enact, That all laws and parts of laws now in force for the regulation of the mint and branch mints of the United States, and for the government of the officers and persons employed therein, and for the punishment of all offences connected with the mint or coinage of the United States, shall be and they are hereby declared to be in full force in relation to the mints of New Orleans and Dahlonega.

        Also the laws of the U. S. in reference to coins, and coinage.


        SEC. 2. That all laws now in force in reference to the coins of the United States, and the striking and coining the same, shall, as far as applicable, have full force and effect in relation to the coins therein authorized, whether the said laws are penal or otherwise, and whether they are for preventing counterfeiting or debasement, for protecting the


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currency, for regulating and guarding the process of striking and coining and the preparations therefor, or for the security of the coin, or for any other purpose.

        Silver coins issued under act of the U. S. of 21st Feb. and 3rd March, 1853, made legal tenders.


        SEC. 3. That the silver coins issued in conformity with the law[s] of the United States of twenty-first of February and third of March, eighteen hundred and fifty-three, shall be legal tenders in payment of debts for all sums not exceeding ten dollars, all laws to the contrary notwithstanding.

        Foreign gold coin to pass current as money at certain rates.


        SEC 4. That the following foreign gold coins shall pass current as money within the Confederate States of America, and be receivable for the payment of all debts and demands at the following rates, that is to say: The sovereign of England, of no less a weight than five pennyweights and three grams, and of the fineness of (915½) nine hundred and fifteen and one-half thousandths, shall be deemed equal to four dollars and eighty-two cents. The Napoleon, of the weight of not less than (4 dwts., 3½ grs.,) four pennyweights three grains and one-half, and of a fineness of not less than (899) eight hundred ninety-ninth thousandths, shall be deemed equal to three dollars and eighty-two cents. The Spanish and Mexican doubloons, of no less a weight than (17 dwts., 8½ grs.,) seventeen pennyweights eight grains and one-half, and of the fineness of not less than (899) eight hundred ninety-ninth thousandths, shall be deemed equal to fifteen dollars and fifty-three cents.

        Silver coins to pass current as money at certain rates.


        SEC. 5. That the following silver coins shall pass current as money within the Confederate States of America, and be receivable in payment for all debts and demands at the following rates, that is to say: The American dollar, (412½g.) four hundred and twelve and one-half grains, and the dollar of Mexico, of not less than (897) eight hundred ninety-seventh-thousandths in fineness and (415g.) four hundred fifteen grains in weight, shall be deemed equal to one dollar and two cents. The five-franc piece, of not less than (900) nine hundred thousandths in fineness and (384) three hundred eighty-four grains in weight, shall be deemed equal to ninety-five cents.

        Laws repealed.


        Be it further enacted, That all laws and parts of laws inconsistent with this act be and the same are hereby repealed.

APPROVED March 14, 1861.

CHAP. XLIII.--An Act making appropriations for the Legislative, Executive and Judicial expenses of Government, for the year ending fourth of February, eighteen hundred and sixty-two.

March 15, 1861.

        Appropriations.


        The Congress of the Confederate States of America do enact, That the following sums be, and the same are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the objects hereafter expressed, for the year ending the fourth of February, eighteen hundred and sixty-two, namely:

        Legislative.


        Legislative.--For compensation and mileage of members of Congress, twenty-six thousand seven hundred and forty dollars.

        For compensation of the officers, clerks and messengers, and others employed by Congress, nine thousand dollars.

        For the contingent expenses of Congress, twenty thousand dollars.

        Executive.


        Executive.--For compensation of the President of the Confederate States, twenty-five thousand dollars.

        For compensation of the Vice President of the Confederate States, six thousand dollars.

        For compensation of the private secretary of the President, and messenger, one thousand seven hundred dollars.


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        For contingent expenses of the executive office, three hundred and fifty dollars.

        Departments of State.


        Department of State.--For compensation of the Secretary of State, and assistant secretary, clerks and messenger, twelve thousand two hundred dollars.

        For the incidental and contingent expenses of said department, thirty-two thousand dollars.

        Treasury Department.


        Treasury Department.--For compensation of Secretary of the Treasury, assistant secretary of the treasury, comptroller, auditor, treasurer and register, clerks and messengers, including those employed in the several bureaus of the Treasury Department, fifty-eight thousand eight hundred dollars.

        For the incidental and contingent expenses of said department, including the bureaus, twelve thousand dollars.

        War Department.


        War Department.--For compensation of Secretary of War, chief of bureau, clerks and messengers, including the clerks and messengers in the several offices of adjutant general, quartermaster general, commissary general, surgeon general, chief engineer and artillery, thirty-four thousand dollars.

        For incidental and contingent expenses of said department, twenty-five thousand dollars.

        Navy Department.


        Navy Department.--For compensation of Secretary of the Navy, clerks and messengers in his office, twelve thousand three hundred dollars.

        For the incidental and contingent expenses of the Navy Department, five thousand dollars.

        Post-Office Department.


        Post-Office Department.--For compensation of the Postmaster General, clerks and messengers in his office, twenty-nine thousand nine hundred dollars.

        For incidental and contingent expenses of the Post-Office Department, fifteen thousand dollars.

        Department of Justice.


        Department of Justice.--For compensation of the Attorney General, clerks and messengers in his department, ten thousand two hundred dollars.

        For incidental and contingent expenses of said department, three thousand dollars.

        Judiciary.


        Judiciary.--For salaries of judges, attorneys, marshals, and incidental and contingent expenses of courts, fifty thousand dollars.

        Mint and Independent Treasury.


        Mint and Independent Treasury.--For compensation of officers, incidental and contingent expenses, including wages of workmen and pay of laborers, if necessary, for the mints and independent treasury, the sum of eighty thousand dollars.

        Foreign Intercourse.


        Foreign Intercourse.--For salaries of ministers, commissioners, secretaries or other officers employed by the government in relation to intercourse with foreign governments, and for incidental, miscellaneous and contingent necessities and expenses connected with said intercourse with foreign nations, one hundred thousand dollars.

        Lighthouses.


        Lighthouses.--For supplying the lighthouses and beacon lights with oil, wicks, glass, chimneys, and other expenses of the same, repairing and keeping in repair the lighting apparatus, salaries of keepers and assistants within the jurisdiction of the Confederate States, one hundred and fifty thousand dollars.

        Expenses of collecting Revenue.


        Expenses of Collecting Revenue.--For expenses of collecting revenue from customs at the several ports of entry and delivery as now established by law, and which may hereafter be designated under the authority given to the Secretary of the Treasury, in the respective States of the Confederate States of America, five hundred and twenty-five thousand dollars.


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        For expenses of engraving bonds or certificates of stock, under the acts to raise money for the support of the government, and to provide for the defence of the Confederate States of America, and to issue treasury notes, twenty thousand dollars.

        Executive Mansion.


        Executive Mansion.--For rent of house for President of Confederate States, five thousand dollars.

        Miscellaneous.


        Miscellaneous.--For necessities and exigencies under laws already passed, or which may be passed, or from causes which now exist, or may hereafter arise, and unforeseen emergencies, there is hereby appropriated the sum of two hundred thousand dollars, subject to the requisition and under the control of the President of the Confederate States of America.

APPROVED March 15, 1861.

CHAP. XLIV.--An Act to authorize the appointment of Commercial Agents or Consuls to foreign ports.

March 15, 1861.

        President to appoint commercial agents or consuls.


        Their fees.


        Proviso.


        The Congress of the Confederate States of America do enact, That the President be, and he is hereby authorised, to appoint such commercial agents or consuls, as in his opinion the commercial interests of the Confederacy may require; and all such commercial agents or consuls shall charge the fees usual under the laws of the United States: Provided, however, That the amounts of money obtained by said fees shall be reported to the Treasury Department, and the salaries shall not be greater than the laws of the United States allow.

APPROVED March 15, 1861.

CHAP. XLV.--An Act to authorize the construction or purchase of ten Gun boats.

March 15, 1861.

        Steam gun-boats to be constructed or purchased for coast defence.


        The Congress of the Confederate States of America do enact, That the President be, and he is hereby authorised, to cause to be constructed or purchased ten steam gun-boats, for coast defence, whereof five shall be of a tonnage not exceeding seven hundred and fifty tons, and five of a tonnage not exceeding one thousand tons.

APPROVED March 15, 1861.

CHAP. XLVI.--An Act to define and fix the pay of the Officers of the Congress of the Provisional Governments.

March 15, 1861.

        Compensation of the Secretary of Congress, assistant secretary, journal clerk, reading clerk, door-keeper and messenger.


        The Congress of the Confederate States of America do enact, That the Secretary of the Congress shall receive an annual compensation of twenty-five hundred dollars, and at that rate during the continuance of the Provisional Government; that the assistant secretary, journal clerk and reading clerk shall each receive an annual compensation of two thousand dollars, as aforesaid; that the door-keeper shall receive an annual compensation of twelve hundred dollars, as aforesaid; that the messenger shall receive an annual compensation of one thousand dollars, as aforesaid.

        Of extra clerk employed to enroll or engross the acts.


        SEC. 2. That the extra clerk employed by the day to enroll or engross the acts of the Congress, shall receive six dollars per diem, to be paid on the warrant of the President of the Coegress.

APPROVED March 15, 1861.


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CHAP. XLVII.--An Act to amend an act entitled "An act to establish a Court of Admiralty and Maritime Jurisdiction at Key West, in the State of Florida."

March 15, 1861.

        The President to appoint an attorney and marshal for the Court of Admiralty at Key West, Florida.


        The Congress of the Confederate States of America do enact, That so much of an act entitled "An act to establish a Court of Admiralty and Maritime Jurisdiction at Key West, in the State of Florida," as provides for the appointment of a district attorney and marshal of said court by the judge thereof, be and the same is hereby repealed; and it is hereby made the duty of the President of the Confederate States to appoint for said court a fit person, learned in the law, to act as attorney for the Confederate States in all crimes and offences against their laws, and in all other matters touching their interest. The President shall also appoint a marshal for said court; and said attorney and marshal shall receive such pay in every respect, and perform such services respectively as are provided for and required of attorneys and marshals by an act entitled "An act to establish the Judicial Courts of the Confederate States of America."

APPROVED March 15, 1861.

CHAP. XLVIII.--An Act to appoint a Second Auditor of the Treasury.

March 15, 1861.

        The President to appoint Second Auditor of the Treasury.


        The Congress of the Confederate States of America do enact, That there shall be appointed by the President, by and with the advice and consent of the Congress, an additional officer for the Treasury Department, to be called the Second Auditor of the Treasury, who shall be charged with the auditing of accounts for the War Department, and who shall receive for his services a salary of three thousand dollars per annum.

APPROVED March 15, 1861.

CHAP. XLIX.--An Act vesting certain Powers in the Postmaster General.

March 15, 1861.

        The Postmaster General authorized to renew, provisionally, the contracts under which the postal service is now performed, and to continue in office the postmasters and other officers.


        The Congress of the Confederate States of America do enact, That in the event of a discontinuance of the postal service in any of the Confederate States, as now carried on by the government of the United States, before the Postmaster General of this Confederacy shall have prepared the new service, under the provisions of the act already passed by this Congress, it shall be lawful for the said Postmaster General to renew, provisionally, the contracts under which the service is now performed, and to continue in office the several postmasters and other officers now employed in such postal service, until he is prepared to replace said service and said officers by new contracts and appointments.

        And to advertise and enter into contracts for carrying the mail.


        SEC. 2. That the Postmaster General, at a time to be fixed by him, is hereby authorized to advertise and enter into contracts for carrying the mail with due celerity, certainty and security, on the post routes within the Confederate States, other than railroads and steamboats, in accordance with the acts passed by this Congress.

        Conveyance of mails, except by his authority, prohibited.


        SEC. 3. That after such contracts shall have been entered into, on and after a day to be designated by the proclamation of the Postmaster General, all conveyance of mails within the limits of the Confederate States, except by authority of the Postmaster General, is hereby prohibited.


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        To issue circular instructions to postmasters and other officers performing service under the appointment of the U. S.


        SEC. 4. Be it further enacted, That the Postmaster General have power to issue circular instructions to the several postmasters and other officers still performing service under the appointment of the United States, in order to enforce the rendition of the proper accounts and payment of the moneys collected by them per account of the United States, until the Postmaster General shall have issued his proclamation announcing that the former service is discontinued and is replaced by the new service organized under the authority of this government.

        May allow express and other chartered companies to carry letters and other mail matter.


        Regulations concerning the pre-payment of postage on letters, etc., sent by companies.


        SEC. 5. That it shall be lawful for the Postmaster General to allow express and other chartered companies to carry letters and all mail matter of every description, whether the same be enclosed in stamped envelopes or pre-paid by stamps or money; but if the same be prepaid in money, the money shall be paid to some postmaster, who shall stamp the same paid, and shall account to the Post-Office Department for the same, in the same manner as for letters sent by the mail; but if prepaid by stamps, then the express or other company receiving such letters for delivery shall obliterate such stamps, under the penalty of five hundred dollars for each failure, to be recovered by action of debt in any court having jurisdiction thereof, in the name of the Postmaster General, for the use of the Confederate States; but if said letters or mail matter shall be received by such express or other company, not for delivery, but to be mailed, then the matter so carried shall be pre-paid at the same rate that the existing law requires it to be paid from the point where it may be received by such company to the point of its destination, and the postmaster, where such company may mail the same, shall deface the stamps upon the same.

        Oath required of agent of the company.


        SEC. 6. Be it further enacted, That each agent of any company who may carry letters under the provisions of this act, shall be required to take an oath that he will faithfully comply with the law of the Confederate States relating to the carrying of letters or other mail matter and obliterating postage stamps, which oath may be administered by any justice of the peace, and shall be in writing, and signed by such agent or messenger, and filed in the Post-Office Department.

APPROVED March 15, 1861.

CHAP. L.--An Act to amend the Laws relative to the Compensation of the Attorneys of the Confederate States.

March 15, 1861.

        Fees allowed attorneys of the C. S.


        The Congress of the Confederate States of America do enact, That in addition to the compensation now allowed by law to the attorneys of the Confederate States, there shall be hereafter allowed to them for their services to the Confederate States the following fees: For drafting the declaration writ information or other pleadings necessary to bring the cause to an issue, ten dollars; for arguing questions of law arising on the pleadings or demurrer, ten dollars--but not more than one such fee shall be allowed in any cause; for drawing indictments on criminal informations, five dollars; for collecting and paying over to the Confederate States, moneys, a commission of one per cent. on the amount collected and paid, whether the same have been collected on execution or otherwise; for attendance on a reference from the court to a master or commissioner, five dollars a day; for examining a land title and written opinion thereon, twenty dollars; for making abstract of title when required, twenty dollars; for examining and making report on any question or subject, when thereto required by the President


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or any head of department, thirty dollars; for services in any suit in a State court in which it may be necessary to appear in behalf of the Confederate States, twenty dollars; for services in any case arising under the extradition treaties of the Confederate States, twenty-five dollars.

        When act takes effect.


        SEC. 2. Be it further enacted, That this act take effect and be in force from and after the passage thereof.

APPROVED March 15, 1861.

CHAP. LI.--An Act making appropriations for the Custom-Houses at New Orleans, and Charleston, and for other purposes.

March 15, 1861.

        Appropriation.


        The Congress of the Confederate States of America do enact, That the following sums be and they are hereby appropriated for the objects hereafter expressed, for the year ending February the fourth, eighteen hundred and sixty-two:

        For Custom-House, at Charleston.


        Custom-House, Charleston, South Carolina.--For preserving unfinished work upon the Charleston custom-house, the sum of five thousand dollars.

        For Custom-House, at New Orleans.


        Custom-House, New Orleans.--For roof, and preserving unfinished work upon the custom-house at New Orleans, the sum of ten thousand dollars. For fitting up suitable rooms for the accommodation of the courts, and clerk's office at New Orleans, the sum of fifteen thousand dollars.

APPROVED March 15, 1861.

CHAP. LII.--An Act to establish the Bureau of Indian Affairs.

March 15, 1861.

        Bureau of Indian affairs, established.


        The Congress of the Confederate States of America do enact, That an additional bureau in the War Department be and the same is hereby established, to be known as the Bureau of Indian Affairs, and charged with the management of our relations with the Indian tribes.

        Commissioner of Indian affairs and clerk.


        Their salaries.


        SEC. 2. Be it further enacted, That the President, by and with the advice and consent of the Congress, may appoint a Commissioner of Indian Affairs and one clerk, to take charge of the business of the bureau hereby established, the salary of the commissioner to be twenty-five hundred dollars per annum, and the salary of the clerk fifteen hundred dollars per annum.

APPROVED March 15, 1861.

CHAP. LIII.--An Act to exempt from Duty certain articles of Merchandise therein named.

March 15, 1861.

        The duty on commodities bona fide purchased or contracted for on or before the 18th Feb., 1861, within the late U. S.--remitted.


        Proviso.


        The Congress of the Confederate States of America do enact, That the Secretary of the Treasury is hereby authorized and empowered to remit the duty in all cases where commodities were bona fide purchased or contracted for on or before the 18th day of February last, within the late United States, where the importer has not been able to comply with the provisions of the act to define more accurately the exemption of certain goods from duty, which required that the goods, wares and merchandise should have been actually laden on board of the exporting vessel or conveyance destined for any port in this Confederacy


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on or before the fifteenth day of March in the present year: Provided, Such testimony is furnished the Secretary of the Treasury by the importer that it was impossible to comply with the provisions of said act, and also the demand and collection of said duty has operated injuriously to him or them beyond the commercial effect upon articles of consumption by the imposition of duties.

        Books, etc., published by any church or benevolent society, exempted from duty.


        SEC. 2. And be it further enacted, That all books, pamphlets and tracts and other publications printed and published by any church or benevolent society, whose organization extends to and embraces citizens of the Confederate States, shall be free and exempt from duty.

        Facts entitling a party to the benefits of this act, to be established.


        SEC. 3. And be it further enacted, That all facts herein required to exist in order to entitle a party to the benefits of this act, shall be established to the satisfaction of the Secretary of the Treasury, in a manner to be prescribed by him.

APPROVED March 15, 1861.

CHAP. LIV.--An Act to fix the Duties on Articles therein named.

March 15, 1861.

        Ad valorem duty imposed on certain articles imported.


        The Congress of the] Confederate States of America do enact, That an ad valorem duty of fifteen per cent. shall be imposed on the following named articles imported from abroad into the Confederate States of America, in lieu of the duties now imposed by law, to wit: Coal, cheese, iron in blooms, pigs, bars, bolts and slabs, and on all iron in a less manufactured state; also on railroad rails, spikes, fishing plates, and chairs used in the construction of railroads; paper of all sorts and all manufactures of; wood, unmanufactured, of all sorts.

APPROVED March 15, 1861.

CHAP. LV.--An Act making appropriations for the support of the Navy for the year ending fourth February, eighteen hundred and sixty-two.

March 15, 1861.

        Appropriations for the Navy for the year ending the 4th Feb., 1862.


        The Congress of the Confederate States of America] do enact, That the following sums be and the same are hereby appropriated for the objects hereinafter expressed, for the year ending the fourth day of February, one thousand eight hundred and sixty-two, namely:

        For officers on duty and off duty.


        1st. For the pay of officers of the navy on duty and off duty, based upon the presumption that all the grades authorized by the act of eighteen hundred and sixty-one will be filled, one hundred and thirty-one thousand seven hundred and fifty dollars.

        For marine corps.


        2d. For the pay of officers, non-commissioned officers, musicians and privates of the marine corps, one hundred and seventy-five thousand five hundred and twelve dollars.

        For provisions and clothing and contingencies in paymaster's department.


        3d. For provisions and clothing and contingencies in paymaster's department, one hundred and thirty-three thousand eight hundred and sixty dollars.

        For warrant and petty officers, seamen, etc, and engineer's department.


        4th. For the pay of warrant and petty officers, and of five hundred seamen, ordinary seamen, landsmen and boys, and engineer's department, one hundred and sixty-eight thousand dollars.

        For coal for steamers.


        5th. For expenditures which will be required for coal for the use of steamers, two hundred and thirty-five thousand dollars.

        For steam gunboats.


        6th. For the probable cost of ten steam gunboats for coast defences of the Confederate States, to be built or purchased, as may be most convenient, one million one hundred thousand dollars.


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        For steam sloop Fulton.


        7th. For the probable cost of completing and equipping the steam sloop Fulton, now at the Pensacola navy yard, twenty-five thousand dollars.

        For pay of officers and others at the Navy Yard, Pensacola.


        8th. For the pay of officers and others at the navy yard, Pensacola, fifty-four thousand three hundred and sixty-three dollars.

        For clerks at the Navy Department.


        9th. For compensation of four clerks on duty at the Navy Department, as per act of eleventh of March, at fifteen hundred dollars each, six thousand dollars.

APPROVED March 15, 1861.

CHAP. LVI.--An Act to authorize the transit of Merchandise through the Confederate States.

March 15, 1861.

        Merchandise imported may be entered and have transit through the C. S. free of duty.


        The Congress of the Confederate States of America do enact, That goods, wares and merchandise imported from any foreign country into the Confederate States, destined for any foreign country, may be entered and have transit through the Confederate States free of duty, subject to such regulations as the Secretary of the Treasury from time to time shall make; and the said Secretary of Treasury shall have power to make such regulations as he may deem expedient for the safey of the revenue and for the public convenience, which regulations may be enforced in the manner prescribed by law as to other regulations in relation to the revenue.

APPROVED March 15, 1861.

CHAP. LVII.--An Act to repeal the Third Section of "An Act to exempt from Duty certain commodities therein named, and for other purposes."

March 15, 1861.

        The 3d section of the act of Feb. 18th. 1861, exempting certain commodities from duty, repealed.


        Tariff laws to apply to the State of Texas.


        The Congress of the Confederate States of America do enact, That the third section of an act passed February eighteenth, eighteen hundred and sixty-one, entitled "An act to exempt from duty certain commodities therein named and for other purposes," be and the same is hereby repealed; and that the tariff laws shall apply to the State of Texas from the date of her admission into this Confederacy in the same manner as the same apply to the other States.

APPROVED March 15, 1861.

CHAP. LVIII.--An Act to provide for the Organization of the Navy.

March 16, 1861.

        The President authorized to appoint commissioned officers of the Navy.


        and to employ masters, midshipmen, etc.


        The Congress of the Confederate States of America do enact, That the President be authorized to appoint, in the manner prescribed by law, the following commissioned officers of the navy, viz: four captains, four commanders, thirty lieutenants, five surgeons, five assistant surgeons, six paymasters and two chief engineers, and to employ as many masters, midshipmen, engineers, naval constructors, boatswains, gunners, carpenters, sailmakers and other warrant and petty officers and seamen as he may deem necessary, not to exceed in the aggregate three thousand.

        Annual pay of naval officers:


        of Captains;


        SEC. 2. The annual pay of said officers shall be as follows, viz: Captains.]--Captains, when commanding squadrons, five thousand dollars.

        All other captains on duty at sea, four thousand two hundred dollars.

        On other duty, three thousand six hundred dollars.


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        When on leave or waiting orders, three thousand dollars.

        of Commanders;


        Commanders.--Every commander on duty at sea, for the first five years after the date of his commission, two thousand eight hundred and twenty-five dollars.

        For the second five years after the date of his commission, three thousand one hundred and fifty dollars.

        Every commander on other duty, for the first five years after the date of his commission, two thousand six hundred and sixty-two dollars.

        For the second five years after the date of his commission, two thousand eight hundred and twenty-five dollars.

        All other commanders, two thousand two hundred and fifty dollars.

        Lieutenants commanding at sea, two thousand five hundred and fifty dollars.

        of Lieutenants;


        Lieutenants.--Every lieutenant on duty at sea, one thousand five hundred dollars.

        After he shall have seen seven years' sea service in the navy, one thousand seven hundred dollars.

        After he shall have seen nine years' sea service, one thousand nine hundred dollars.

        After he shall have seen eleven years' sea service, two thousand one hundred dollars.

        After he shall have seen thirteen years' sea service, two thousand two hundred and fifty dollars.

        Every lieutenant on other duty shall receive one thousand five hundred dollars.

        After he shall have seen seven years' sea service in the navy, one thousand six hundred dollars.

        After he shall have seen nine years' sea service, one thousand seven hundred dollars.

        After he shall have seen eleven years' sea service, one thousand eight hundred dollars.

        After he shall have seen thirteen years' sea service, one thousand eight hundred and seventy-five dollars.

        Every lieutenant on leave or waiting orders, one thousand two hundred dollars.

        After he shall have seen seven years' sea service in the navy, one thousand two hundred and sixty-six dollars.

        After he shall have seen nine years' sea service, one thousand three hundred and thirty-three dollars.

        After he shall have seen eleven years' sea service, one thousand four hundred dollars.

        After he shall have seen thirteen years' sea service, one thousand four hundred and fifty dollars.

        of Masters;


        Masters.--Every master in the line of promotion, when on duty as such at sea, one thousand two hundred dollars.

        When on other duty, one thousand one hundred dollars.

        When on leave or waiting orders, eight hundred and twenty-five dollars.

        of Midshipmen;


        Midshipmen.--Every midshipman at sea, five hundred and fifty dollars.

        When on other duty, five hundred dollars.

        When on leave or waiting orders, four hundred and fifty dollars.

        of Surgeons;


        Surgeons.--Every surgeon on duty at sea, for the first five years after the date of his commission as surgeon, two thousand two hundred dollars.

        For the second five years after the date of his commission as surgeon, two thousand four hundred dollars.


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        For the third five years after the date of his commission as surgeon, two thousand six hundred dollars.

        For the fourth five years after the date of his commission as surgeon, two thousand eight hundred dollars.

        For twenty years' service and upwards, after the date of his commission as surgeon, three thousand dollars.

        Fleet surgeons, three thousand three hundred dollars.

        Every surgeon on other duty, for the first five years after the date of his commission as surgeon, two thousand dollars.

        For the second five years after the date of his commission as surgeon, two thousand two hundred dollars.

        For the third five years after the date of his commission as surgeon, two thousand four hundred dollars.

        For the fourth five years after the date of his commission as surgeon, two thousand six hundred dollars.

        For twenty years' service after the date of his commission as surgeon, two thousand eight hundred dollars.

        Every surgeon on leave or waiting orders, for the first five years after the date of his commission as surgeon, one thousand six hundred dollars.

        For the second five years after the date of his commission as surgeon, one thousand eight hundred dollars.

        For the third five years after the date of his commission as surgeon, one thousand nine hundred dollars.

        For the fourth five years after the date of his commission as surgeon, two thousand one hundred dollars.

        For twenty years' service and upwards, after the date of his commission as surgeon, two thousand three hundred dollars.

        of Assisstant Surgeons;


        Assistant Surgeons.--Every assistant surgeon on duty at sea, one thousand two hundred and fifty dollars.

        When on other duty, one thousand and fifty dollars.

        When on leave or waiting orders, eight hundred dollars.

        of Paymasters;


        Paymasters.--Every paymaster on duty at sea, for the first five years after the date of his commission, two thousand dollars.

        For the second five years after the date of his commission, two thousand four hundred dollars.

        For the third five years after the date of his commission, two thousand six hundred dollars.

        For the fourth five years after the date of his commission, two thousand nine hundred dollars.

        For twenty years and upwards after the date of his commission, three thousand one hundred dollars.

        Every paymaster on other duty, for the first five years after the date of his commission, one thousand eight hundred dollars

        For the second five years after the date of his commission, two thousand one hundred dollars.

        For the third five years after the date of his commission, two thousand four hundred dollars

        For the fourth five years after the date of his commission, two thousand six hundred dollars.

        For twenty years' service and upwards, after the date of his commission, two thousand eight hundred dollars.

        Every paymaster on leave or waiting orders, for the first five years after the date of his commission, one thousand four hundred dollars.

        For the second five years after the date of his commission, one thousand six hundred dollars.

        For the third five years after the date of his commission, one thousand eight hundred dollars.


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        For the fourth five years after the date of his commission, two thousand dollars.

        For twenty years' service and upwards after the date of his commission, two thousand two hundred and fifty dollars.

        of Engineers:


        Engineers.--Every chief engineer on duty, for the first five years after the date of his commission, one thousand eight hundred dollars.

        For the second five years after the date of his commission, two thousand two hundred dollars.

        For the third five years after the date of his commission, two thousand four hundred and fifty dollars.

        After fifteen years after the date of his commission, two thousand six hundred dollars.

        Every chief engineer on leave or waiting orders, for the first five years after the date of his commission, one thousand two hundred dollars.

        For the second five years after the date of his commission, one thousand three hundred dollars.

        For the third five years after the date of his commission, one thousand four hundred dollars.

        After fifteen years' service after the date of his commission, one thousand five hundred dollars.

        Every first assistant engineer, on duty, one thousand two hundred and fifty dollars.

        When on leave or waiting orders, nine hundred dollars.

        Every second assistant engineer on duty, one thousand dollars.

        When on leave or waiting orders, seven hundred and fifty dollars.

        Every third assistant engineer on duty, seven hundred and fifty dollars.

        When on leave or waiting orders, six hundred dollars.

        of Warrant Officers.


        Warrant Officers.--Every boatswain, gunner, carpenter and sail-maker on duty at sea, for the first three years' sea service after the date of his warrant, one thousand dollars.

        For the second three years' sea service after the date of his warrant, one thousand one hundred and fifty dollars.

        For the third three years' sea service after the date of his warrant, one thousand two hundred and fifty dollars.

        For the fourth three years' sea service after the date of his warrant, one thousand three hundred and fifty dollars.

        For twelve years' sea service and upwards, one thousand four hundred and fifty dollars.

        When on other duty:

        For the first three years of sea service after the date of warrant, eight hundred dollars.

        For the second three years' sea service after the date of his warrant, nine hundred dollars.

        For the third three years of sea service after the date of his warrant, one thousand dollars.

        For the fourth three years' sea service after the date of his warrant, one thousand one hundred dollars.

        For twelve years' sea service and upwards, one thousand two hundred dollars.

        When on leave or waiting orders:

        For the first three years sea service after the date of his warrant, six hundred dollars.

        For the second three years' sea service after the date of his warrant, seven hundred dollars.

        For the third three years' sea service after the date of his warrant, eight hundred dollars.

        For the fourth three years' sea service after the date of his warrant, nine hundred dollars.


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        For twelve years' sea service and upwards, one thousand dollars.

        Commissioned officers may be appointed during recess of Congress.


        And be it further enacted, That the commissioned officers herein-before provided for, and who shall not be nominated before the adjournment of Congress, may be appointed by the President during the recess, to hold their commissions until the next session of Congress.

        Length of service of U. S. naval officers received into the service of the C. S., how computed.


        Sea service, defined.


        SEC. 3. In computing the length of service of such officers as were attached to the navy of the United States, but who have resigned, and have been or may be received into the service of the Confederate States, their period of service in the navy of the United States shall be included; and no service shall be regarded as sea service in the purview of said act but such as shall actually be performed at sea, and in vessels employed by authority of law.

        Pay of seamen to be determined by the President.


        SEC. 4. The pay of seamen of the navy shall be determined by the President, and may be altered by him from time to time as circumstances may require.

        Corps of marines. Their pay and allowances.


        SEC. 5. There shall be a corps of marines, to consist of one major, one quartermaster, one paymaster, one adjutant, one sergeant major, one quartermaster sergeant, and six companies, each company to consist of one captain, one first and one second lieutenant, four sergeants, four corporals, one hundred men and two musicians; and the pay and allowances of the officers and enlisted men shall be the same as that of the officers and enlisted men of like grade in the infantry of the army, except that the ration of the enlisted marines shall be the ration allowed by law to seamen.

        Officers attached to the Navy Department, and their duties.


        Secretary of the Navy to appoint one clerk to add each officer.


        His salary.


        SEC. 6. The following officers shall be attached to the Navy Department, to wit: An officer, not below the grade of commander, who shall be charged with the purchase or preparation of ordnance, ordnance stores and supplies and equipments, and with hydrography, and with such other duties as the Secretary of the Navy may from time to time assign to him; an officer not below the grade of lieutenant, to be designated as the officer of orders and detail, who shall, under the orders of the Secretary of the Navy, prepare and issue all orders and details for service, and who shall also, under the direction of the Secretary of the Navy, have charge of all matters and things connected with courts martial and courts of enquiry, and with the custody of all records and papers thereunto appertaining, and perform such other duties relating to the personnel of the navy, as the secretary may from time to time direct; a surgeon or an assistant surgeon, who shall, under the direction of the Secretary of the Navy, make all purchases of medicines and medical supplies for the navy, and perform such other duties appertaining to the medical department as the secretary may from time to time direct; a paymaster, who shall, under the direction of the Secretary of the Navy, make all contracts for or purchases of provisions, clothing and coal for the use of the navy, and perform such other duties as the secretary may direct. The Secretary of the Navy is authorized to appoint one clerk to aid each of the above officers in the discharge of his duties, whose annual salary shall not exceed fifteen hundred dollars each; but the officers therein detailed for duty shall receive no compensation for their services beyond their regular pay as on other duty.

        Quartermaster required to visit the posts of the marine corps.


        SEC. 7. It shall be the duty of the quartermaster of the marine corps to visit the different posts where portions of the corps may be stationed, as often as may be necessary for the proper discharge of his duties.

        Regulations for the government of persons in the naval service.


        SEC. 8. It shall be the duty of the Secretary of the Navy to prepare and publish regulations for the general government of all persons connected with or employed in the naval service, which regulations shall


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take effect as soon as they shall be approved by the President and published.

        Laws of the U. S. not inconsistent with this act, adopted.


        SEC. 9. All laws of the United States heretofore enacted for the government of the officers, seamen and marines of the navy of the United States, that are not inconsistent with the provisions of this act, are hereby adopted and applied to the officers, seamen and marines of the navy of the Confederate States.

        Relative rank officers of the navy toward those of the army.


        SEC. 10. The President may determine the relative and assimilated rank which officers of the navy shall hold toward those of the army.

APPROVED March 16, 1861.

CHAP. LIX.--An Act to provide for payment of Light Money in the Confederate States.

March 16, 1861.

        Light money on ships or vessels.


        Proviso.


        The Congress of the Confederate States of America do enact, That a duty of five cents per ton, to be denominated "Light Money," shall be levied and collected on all ships or vessels which, after the first day of May next, may enter the seaports of the Confederate States from any seaport, to be collected in the manner heretofore provided by law as to tonnage duties: Provided, however, That on all vessels trading regularly between ports of the Confederate States, the said duties shall not be levied and collected oftener than once in every three months.

APPROVED March 16, 1861.

CHAP. LX.--An Act authorizing the President alone to make certain Appointments

March 16, 1861.

        Appointment of inferior officers to be made by the President.


        The Congress of the Confederate States of America do enact, That during the recess of this Congress the President shall have power to make appointments of such inferior officers, as by the Constitution of this Provisional Government the Congress has authority to vest in him alone, anything in any law heretofore passed to the contrary notwithstanding.

APPROVED March 16, 1861.

CHAP. LXI.--An Act to establish the Judicial Courts of the Confederate States of America.

March 16, 1861.

        Annual session of Supreme Court.


        The Congress of the Confederate States of America do enact, That the Supreme Court of the Confederate States shall hold annually, at the seat of government, one session, commencing the first Monday of January, and continue until the business of said court is disposed of.

        District Courts organized.


        Judges thereof, and their salaries.


        SEC. 2. That each of the Confederate States shall constitute one district, in which there shall be a court called a District Court, to consist of one judge, who shall reside in the state for which he is appointed, and shall receive a salary equal to that paid to a judge of the court of the highest jurisdiction in the state where he resides, payable quarterly.

        Adjournment of Supreme Court until a quorum be convened.


        And of District Court, in case of in ability of Judge to attend.


        In case of failure to hold court, process, etc., to be continued.


        SEC. 3. And be it further enacted, That the Supreme Court may, by any one or more of its judges being present, be adjourned from day to day, until a quorum be convened; and that a district court, in case of the inability of the judge to attend at the commencement of a session, may be adjourned by the marshal of the district from day to day for three successive days, and at the close of the third day the same shall stand adjourned to the next regular term, if the judge do not appear; and in all cases of failure to hold the court, all process,


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pleadings and proceedings, of what nature so ever, pending before the said court, shall be continued, of course.

        Marshal and clerks to be appointed.


        Subject to removal.


        Oath or affirmation.


        Bond and sureties.


        Deputy marshals.


        SEC. 4. There shall be a marshal and one or more clerks appointed for each court--the marshal by the President of the Confederate States, and the clerks by the judge of said court--and said clerks shall not be connected with the said judge by blood or marriage, who shall hold their offices during the provisional government, subject to removal by the said judge. They shall each take the oath or affirmation prescribed in the constitution, and for the faithful discharge of the duties of their respective offices. They shall each give bond with sureties, to be approved by the judge, for the faithful discharge of their respective duties, in the penalty and for the amount which may be prescribed by the judge; but that of the marshal in no instance shall be less than twenty thousand dollars. The marshal may appoint as many deputies as may be necessary, for whose acts he and his sureties shall be bound as for his own.

        Duties of marshals, and their deputies.


        Posse comitatus.


        SEC. 5. It shall be the duty of the marshal to attend the court when sitting in his district; and the marshal of the district in which the Supreme Court shall be held, shall attend the sessions of said court. He shall, by himself or his deputy, execute throughout his district all lawful precepts directed to him and issued under the authority of the Confederate States, and he shall have power to command a posse comitatus in the execution of his duty.

        How process to be directed where marshal or his deputy is a party.


        In case of death, etc. of marshal, his deputy to continue in office.


        Misfeasance in office of deputy, adjudged a breach of marshal's bond.


        Remedy of executor or administrator of deceased marshal, against his deputy for misfeasance in office.


        Marshal or his deputy to execute process, etc., till next term of court after his removal or the expiration of his term of office.


        Liability of marshal for prisoners in his custody.


        SEC. 6. And be it further enacted, That in all cases in which the marshal or his deputy shall be a party, the writs and precepts therein shall be directed to some disinterested person, to be appointed by the court or judge thereof, and such person is hereby authorised to execute and return the same. And in case of the death, resignation or removal of any marshal, his deputy or deputies shall continue in office, unless otherwise removed, and shall execute the same in the name of the deceased, resigned or removed marshal, until another marshal shall be appointed and qualified; and the defaults or misfeasances in office of such deputy or deputies, in the meantime, as well as before, shall be adjudged a breach of the condition of the bond given as before directed, by the marshal who appointed them, and the executor or administrator of the deceased marshal shall have like remedy for the defaults and misfeasances in office of such deputy or deputies, during such interval, as the marshal would be entitled to if he had continued in life, or in office, and in the exercise of his said office, until his successor was appointed and qualified; and every marshal or deputy, when removed from office, or when the term for which the marshal is appointed shall expire, shall have power, notwithstanding, to execute all such precepts and process as may be in their hand[s] respectively at the time of such removal or expiration of office, until the next term of the court; and the marshal shall be held answerable for the delivery to his successor of all prisoners which may be in his custody at the time of his removal or resignation, or when the term for which he is appointed shall expire, and for that purpose may retain such prisoners in his custody until his successor shall be appointed and qualified as the law directs; or he may deliver his prisoners to the keeper of one of the jails of the state in which he is marshal, in cases where by law of such state it is made the duty of jailors to receive them.

        Writs and process.


        Seals of the courts.


        SEC. 7. All writs and process, either mesne or final, which shall issue from the Supreme Court, shall bear test in the name of either of the judges thereof; and all issued from the district court shall bear test of the judge of such court, and shall be under the seal of the


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court from whence they issue, and be signed by the clerk thereof. The seals of the Supreme and district courts to be provided by the respective judges of the same.

        Time and place of holding District Courts.


        When District Judge of Louisiana required to hold his court out of New Orleans.


        SEC. 8. The judge of each district shall appoint the times and places of holding the courts in his district, and where, under the laws of the United States, his state was divided into two or more districts, he shall annually hold not less than two terms of his court in each of these districts, as they existed on the first day of November, 1860. But in Louisiana he shall only be required to hold his court out of New Orleans at such time or times as he may consider the public interest requires him to do, and the counties, districts or parishes which constitute the divisions of his district, shall be the same as those which constituted the districts under the laws aforesaid.

        Oath of Judges.


        SEC. 9. The said judges, before they proceed to execute the duties of their respective offices, shall take the oath or affirmation prescribed in the constitution, and shall also swear or affirm to administer justice, without respect to persons, and to do equal right to the poor and to the rich, and faithfully and impartially to perform and discharge all the duties of his office, agreeably to the constitution and laws of the Confederate States, to the best of his ability.

        Jurisdiction of District Courts.


        SEC. 10. The district courts shall have jurisdiction, concurrent with the courts of the several states, of all civil suits at common law or in equity where the matter in dispute, exclusive of costs, exceeds the sum or value of five thousand dollars, and where the character of the parties is such, as by the constitution to authorise said court to entertain jurisdiction. But no person shall be arrested or summoned in any such suit in one division of district for trial in another; and no civil suit shall be brought before any of said courts against an inhabitant of the Confederate States by any original process in any other district than that of which he is an inhabitant, nor shall any district court have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee or transferee, unless a suit might have been prosecuted in such court to recover such contents if no assignment or transfer had been made, except in cases of foreign bills of exchange.

        Suits upon joint bills, bonds, notes or obligations.


        SEC. 11. Upon joint bills, bonds, notes or obligations, suits may be brought against any one or more of the parties, except that separate suits shall not be brought against joint parties thereto residing in the same district; and when several actions shall be brought against persons who might be legally joined in one action, the plaintiff, if judgment be given in his favor, shall not recover the costs of more than one action.

        Suits in Equity.


        SEC. 12. Suits in equity shall not be sustained in any of the courts of the Confederate States in any case where plain, adequate remedy may be had at law. And in any state in which there is or may be no separate court of equity, the district court shall administer and decide on matters of equity according to the course of practice in the courts of such state.

        Laws of the several States to be the rule of decision of the courts of the C. S.


        Rule of property.


        SEC. 13. The laws of the several states, except where the constitution, treaties or statutes of the Confederate States shall otherwise require or provide, shall be regarded as rules of decision in the courts of the Confederate States, in cases where they apply. And where the decision of the highest court in a state has become a rule of property, the same shall be adopted as a rule in the courts of the Confederate States, in cases in which the laws of such state apply.

        Forms of process, and the modes of proceeding in the progress and trial of suits at law and in equity.


        New trials.


        SEC. 14. Except the style, the forms of writs and executions and other process, and the forms and modes of proceeding in the progress


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and trial of suits, and in enforcing the judgments in the district courts of the Confederate States in cases at law, shall be the same in each of said states, respectively, as are now in use in the highest court of original general jurisdiction of the same; and in proceeding in equity, according to the principles, laws and rules which govern courts of equity in such state. And whenever any state shall, by law, change such forms or modes of proceeding in its own courts, such change shall be applicable to the forms and modes of proceeding in the said district courts held in such state, unless Congress shall otherwise provide by law. And the said district courts shall likewise have power to grant new trials.

        Costs and fees of clerks and marshals in the District Courts.


        Mileage.


        SEC. 15. The costs and fees of clerks and marshals in the said district courts shall be the same in all cases, both civil and criminal, as are allowed by the law of the state in which such court is held, for similar services, to the officers of such state in the highest court of original jurisdiction therein, except that the marshal shall be entitled to mileage at the rate of five cents per mile for the service of process on persons residing out of the county, district or parish in which the court is holden, such mileage to be computed for the distance actually travelled in the service of such process, upon the most direct route, computed from the place of holding such court; and if there be more than one defendant in the same case in one county, but one charge for mileage shall be made.

        Writs of injunction, scire facias and habeas corpus.


        SEC. 16. Both the district and supreme courts, and the judges thereof, out of term, shall have power to issue writs of injunction, scire facias and habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law: Provided, That writs of habeas corpus shall, in no case, extend to prisoners, unless when they are in custody under or by virtue of the authority of the Confederate States.

        Depositions of witnesses in cases at law.


        Attendance of witnesses.


        Depositions of witnesses in suits in equity.


        Perpetuating testimony.


        Proviso as to depositions taken in Louisiana and Texas.


        SEC. 17. The rules for taking the deposition of any witnesses in a case at law, whose attendance cannot be procured, shall be the same as are in force by law in the highest court of original jurisdiction in the state in which such depositions are to be used; and they shall be read in evidence upon the trial of the cause, subject to all legal exceptions to which they would be liable in the said court of the state. No witness, under any circumstances, shall be compelled to attend a court in a civil cause in any other district or division than that in which he resides; and where his attendance cannot be procured, his deposition may be taken. In suits in equity, depositions shall be taken under a commission issued under the seal of the court, in the same manner and under the same rules and regulations in and by which depositions may be taken in the highest court of original equity jurisdiction in the state in which such depositions are to be used, and when so taken they shall be read upon the hearing of the cause, if subject to no legal exception; and the said district courts may, also, on application thereto as a court of equity, direct depositions to be taken to perpetuate testimony relating to matters cognizable in any court of the Confederate States, such depositions to be taken according to the law and practice in the state in which the order is made: Provided, That in Louisiana and Texas depositions may in all cases be taken according to the laws regulating the practice of the highest courts of original jurisdiction in these states.

        Judges of District Courts may appoint commissioners; their duties.


        Swearing falsely before commissioner.


        Fees allowed commissioners.


        Notary public may exercise authority vested in commissioners.


        SEC. 18. The judges of the several district courts may, each for his own district appoint as many commissioners as he may deem necessary, to administer oaths and take acknowledgements of deeds or other


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papers, and take depositions, which acts of such commissioner shall have the same force and effect in all the Confederate States and the courts thereof as if done by a judge of such court. And any person swearing falsely in any oath or matter before such commissioner, shall, upon conviction, be liable to the same punishment, as if the oath had been made before such judge. And the same fees shall be allowed such commissioner as are allowed for similar services by the laws of the state in which they are performed. All the powers and authority conferred on commissioners in and by the preceding clause, are hereby vested in, and may be exercised by, any legally appointed notary public in any of the Confederate States.

        Parties may be heard in person or by counsel.


        SEC. 19. In all the courts of the Confederate States the parties shall have the right to be heard either by themselves or counsel.

        Lien of judgments and executions.


        Conflict between levies of process from the state and Federal courts; the first levy to have priority.


        SEC. 20. Where judgments are a mortgage or lien upon the property of the defendant in any of the states, they shall have the same effect or lien when rendered in one of the district courts of the Confederate States, as if rendered in a state court, and be subject to the same rules as to enrolment or recording of judgments or abstracts of judgments. And the lien of executions shall be the same as in the courts of the state where such district court sits. "But in all cases of conflict between levies of process from the state and federal courts, the first levy shall have priority."

        Mode of proof by oral testimony and examination of witnesses.


        Compensation of witnesses.


        Competency of witnesses, how determined.


        SEC. 21. The mode of proof by oral testimony and examination of witnesses in open court in trials at law shall be the same in the said district courts as in the court of the highest original jurisdiction in the State in which such trial takes place; and the compensation of witnesses shall likewise be the same. The rules to determine the competency of witnesses shall also be the same.

        Revival of suits.


        Suggestion of death on the record.


        When representative of deceased may be made a party.


        Revival by scire facias.


        SEC. 22. In any suit depending in any of the courts of the Confederate States if either of the parties should die and the cause of action should survive, such suit may be revived in the same manner as in similar cases in the courts of highest original jurisdiction in the State in which the cause is pending; and when there are two or more plaintiffs and defendants, and one or more of them should die, the suits shall not be thereby abated, but such death being suggested on the record, the suit may then proceed in the name of the survivor or survivors; or where the law of any State permits the representative of the deceased to be joined in such suit, the same may be done in the district court; or if the cause should be pending in the Supreme Court, then it may be revived by scire facias against the executor or administrator, issued from the office of the clerk of such court, returnable to the next term thereof, and duly served by the marshal twenty days before the sitting of such court.

        When district court may require production of books or writings as evidence.


        Judgment in case of failure to comply with the requisition.


        SEC. 23. The said district court shall have power in the trial of actions at law, on motion and due notice thereof, to require the parties to produce books or writings in their possession or power which contain evidence pertinent to the issue; and if the plaintiff shall fail to comply with such order, judgment of non-suit may be given against him; and if the defendant shall so fail, then judgment by default may be rendered against him.

        Contempts of court. How punished


        SEC. 24. The courts of the Confederate States shall have power to inflict punishment for contempts of court; but such power shall not be construed to extend to any cases except misbehavior in the presence of the court, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said court in their official transactions, and the disobedience, resistance or obstruction, by any person whatsoever, of the process, order, rule, decree or command


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of said courts; but such punishment shall not exceed the imposition of a fine of one hundred dollars and imprisonment during the term of the court.

        Jurors; their qualifications and exemptions.


        When jury may be summoned of the bystanders.


        Judge to direct the marshal as to the summoning of jurors.


        Compensation and mileage of jurors.


        SEC. 25. Jurors, in all cases, to serve in the courts of the Confederate States, shall have the like qualifications, and be entitled to the like exemptions, as jurors in the highest court of original jurisdiction of the state in which the district court is held, and shall be selected by lot or otherwise, according to the form and mode of forming such juries in the courts of the state, in so far as such mode may be practicable, and for this purpose, the district courts shall have power to make all rules and regulations necessary to conform to the selection and empanelling of juries to the laws of the state, so as to secure an impartial trial, without needless expense, and without undue burden to the citizens of any part of the district. And when, from any cause, there shall not be a jury to determine any criminal or civil case, the court may direct a jury to be summoned of the bystanders to complete the panel. And it shall be the duty of the judge, thirty days before the holding of the first court in his district, under this law, to direct the marshal in what manner, and to what extent, to summons jurors for such court. The compensation to jurors, in both civil and criminal cases, shall be the same as is allowed to jurors in courts of the highest original jurisdiction in the state in which such court is held; and if in such state court there be no allowance for mileage, the jurors shall be allowed five cents per mile for travelling from their respective places of abode to the places where the court is holden, and the same for returning.

        Amount recoverable in suits on bonds, etc., for penalties or for breach of covenant.


        When sum for which judgment is rendered is uncertain, the same shall be assessed by a jury.


        Rate of interest allowed on judgments.


        SEC. 26. In all suits on bonds, agreements, or specialities for penalties or breach of covenant, the amount recovered by the default or confession of the defendant, or upon demurrer, shall be the sum actually due; and when the sum, for which judgment is rendered, is uncertain, the same shall be assessed by a jury. On all judgments in civil cases for the payment of money, interest shall be allowed at such rate as is allowed upon judgments rendered in the highest court of original jurisdiction in the state in which such district court sits.

        Mistakes, etc., in the process and pleadings, or in the judgment, may be amended.


        SEC. 27. Every mistake, omission, defect or imperfection in the process, declaration, pleading, or any of the proceedings in any cause, or in the judgment, shall be amended from time to time, at the instance of either party, according to the several statutes of amendments or jeofails in the state in which the court sits, so as to secure a trial upon the merits, and that justice may be done, subject to any rule for the costs of amendment which the judge may impose.

        Where there are two or more divisions of the district court in a state, executions may be executed in any part of the state.


        SEC. 28. Where, in any state, there are two or more divisions of the district court, all writs of execution upon any judgment rendered in the court of either division may run and be executed in any part of such state, but shall be issued and made returnable to the court in which the judgment was rendered.

        When writ of error to operate as a supersedeas and stay of execuiton.


        When execution may be issued on judgment.


        SEC. 29. A writ of error, when authorised by law to operate as a supersedeas and stay of execution, shall only have that effect when a copy thereof and citation have been served on the adverse party or his counsel of record; but no execution shall issue in less than ten days from the rendition of the judgment or decree, unless upon affidavit made, showing a necessity therefor.

        Remedy against marshal or clerk for failure to pay over money in his hands.


        SEC. 30. Should the marshal or clerk fail to pay over to the party entitled thereto, or to his attorney of record, upon demand made, any money which may have come to his hands by virtue of any order or process of the court, such money, with legal interest and ten per cent. damages may be recovered from him and his sureties in his official bond,


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upon motion and three days' notice in the court of which he is marshal or clerk.

        President to appoint district attorneys.


        Their oaths and duties.


        Compensation.


        Mileage.


        When district attorney is absent, the judge may appoint a fit person to act for him for the term.


        SEC. 31. There shall be appointed in each of the districts, by the President, a meet person, learned in the law, to act as attorney for the Confederate States in such district, who shall be sworn or affirmed to the faithful performance of his duty in office, and to support the Constitution; and it shall be his duty to prosecute, in such district, all delinquents for crimes and offences cognizable in such court under the laws of the Confederate States, and to prosecute or defend all civil actions in which the Confederate States shall be concerned, except before the Supreme Court, in the district in which that court shall be holden. And he shall receive as compensation for his services a salary of two hundred dollars per annum, payable quarterly, and ten dollars per diem for every day that he is engaged in attending said court, together with such fees as shall hereafter be prescribed by law. And where there are three divisions in the district for which he is appointed, he shall be allowed mileage, at the rate of ten cents per mile, for going to and returning from the court which is most distant from his place of residence, to be computed on the most usual line of travel; and in case of the absence of such attorney from any term of the court, the presiding judge may appoint a fit person to act for him for the term.

        When the marshal sells real estate and dies before making a deed, the court may direct his successor to make the same.


        SEC. 32. Whenever a marshal shall sell any lands or tenements by virtue of any process in his hands, and shall die, or in any manner go out of office before making a deed to the same, the court to which the process is returnable may, upon written application and notice thereof to the plaintiff and defendant, or their counsel, and upon a statement and proof of the facts, direct his successor to make the necessary deed therefor upon the payment of any purchase money or costs remaining unpaid.

        Security for costs.


        Rules for the conduct and dispatch of business.


        SEC. 33. In any civil case in any of the courts of the Confederate States, the plaintiff may, upon motion, be required to give security for the costs, upon such terms as the court by its rules may prescribe; and if he should fail to comply within the time allowed, the suit shall be dismissed at the next term, unless good cause be shown against it. And the said district courts shall have power, from time to time, to make all needful rules for the conduct and dispatch of business therein, not inconsistent with the Constitution and laws of the Confederate States, or with the provisions of this act.

        State laws abolishing imprisonment for debt, and providing relief for debtors in custody.


        SEC. 34. The laws of the several States abolishing imprisonment for debt, and providing relief for debtors held in custody, shall take effect in favor of all persons held in custody for debt under the process of the federal courts of the Confederacy.

        Exclusive cognizance of crimes and offences vested In the district courts.


        SEC. 35. And be it further enacted, That the said district courts shall have exclusive cognizance of all crimes and offences cognizable under the authority of the Confederate States, except where the laws of said Confederate States shall otherwise provide.

        Summoning and impanneling of grand juries.


        What law to govern their proceedings.


        SEC. 36. The said courts, in term, shall have power to direct a grand jury to be summoned and impanneled, whenever in its judgment it may be proper to do so, and at such time as it may direct. After such jury is impanneled the proceedings shall conform, as nearly as may be, to the law and practice of the court of the highest original criminal jurisdiction in the State where such district court is held. But no grand jury shall be summoned unless upon the order of the judge or court, and if made by the judge out of term, shall be in writing, under his hand and seal.

        Laws of the U. S. in regard to crimes and offences and the practice in criminal cases, declared to be in force, and to form the rule of practice and decision in the district courts of the C. S.


        What to be the rule when there is no such law.


        Rules of evidence and mode of examining witnesses.


        SEC. 37. Until otherwise provided by law of Congress, the laws of the United States in regard to crimes and offences, and to the mode of


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procedure, practice and trial in all criminal cases, shall be in force and form the rule of practice and decision in the district courts of the Confederate States, and where there is no such law governing the practice, then the rule and course shall conform as nearly as practicable to the practice established by law of the State court of highest original jurisdiction in which the said district court sits. And this provision shall extend to the rules of evidence and mode of examining witnesses in such cases.

        Writs of error or appeals to the Supreme Court in criminal cases.


        Writ of error to operate as a stay to the execution of the sentence or judgment.


        When the Supreme Court to give judgment or pronounce sentence, and appoint the time and place for its execution.


        SEC. 38. Writs of error or appeals to the Supreme Court of the Confederate States shall be allowed the accused in all cases in which the punishment or penalty, upon conviction, is death or imprisonment in the penitentiary, in the same manner and upon the same terms as are allowed in the courts of highest original criminal jurisdiction in the State in which such district court is holden; and the remedy upon any bond given in such case, shall be the same as in the courts of the State from which such appeal or writ of error is taken. Such writ of error shall operate as a stay to the execution of the sentence or judgment, upon the execution of such bond as may be required by the State law in similar cases; and if such sentence or judgment shall be affirmed, and the time for executing the same shall have passed, the Supreme Court shall give such judgment or pronounce such sentence as the law prescribes, and appoint the time and place for carrying the same into effect by the marshal of the court from which said writ of error emanated.

        In what civil causes the District Courts to have original cognizance.


        Saving to suitors of common law remedy.


        District Courts, as Courts of Admirality, always open for the purpose of filing libels, etc.


        Laws of the U. S. and rules of Court in Admiralty cases to have full force in the courts of the C. S.


        SEC. 39. The said district courts shall have original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under the revenue laws or laws of navigation and trade of the Confederate States, when the seizures or cause of complaint arises on waters which are navigable from the sea by vessels of one hundred or more tons burden, within their respective districts as well as upon the high seas; saving to suitors in all cases the right of a common law remedy, where the remedy at common law is ample and complete. And said district courts, as courts of admiralty, shall be deemed always open for the purpose of filing libels, petitions, answers and other pleadings, for issuing and returning mesne and final process and commissions, and for making all interlocutory orders or rules which may be necessary. And the laws of the United States and the rules of court in reference to admiralty proceedings in force in the admiralty courts of the United States of America, on the twentieth day of December, one thousand eight hundred and sixty, so far as the same may be applicable, and are not inconsistent with the constitution and laws of the Confederate States, are hereby continued in full force and effect in the courts of the Confederate States, until altered or repealed by law.

        Writ of error to the Supreme Court in civil cases.


        Limitation.


        Bond and security to prosecute writ with effect.


        When writ of error to operate as a supersedeas.


        Appointment of Clerk of the Supreme Court.


        Oath and bond.


        His fees.


        SEC. 40. Final judgments and decrees in civil actions, and final decrees in equity in a district court, where the matter in dispute exceeds in value the sum of five thousand dollars, exclusive of costs, may be re-examined and reversed or affirmed upon a writ of error in the Supreme Court, the citation in such case being signed by a judge of the district court or of the Supreme Court, and the adverse party having at least thirty days' notice. Writs of error shall not be brought but within two years after rendering or passing the judgment or decree complained of, or in case the person entitled to such writ of [error] be an infant, femme covert, non compos mentis or imprisoned, then within two years, as aforesaid, exclusive of the time of such disability. And every judge signing a citation or any writ of error, as aforesaid, shall take bond, and good and sufficient sureties, that the plaintiff shall prosecute his writ with effect, and answer all costs if he fail to make good his plea; and no writ of error shall operate as a supersedeas and stay of execution, unless such


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bond be with sureties and of sufficient amount to secure the whole judgment, if it be affirmed, in addition to the costs. And the said court or the judges thereof, shall have power to appoint a clerk, who shall take the oath prescribed for the clerks of the district courts, and give bonds for the faithful discharge of his duty, in such amount as said court may direct, whose fees shall be the same as those now allowed to the clerks of the Supreme Court of the United States.

        Damages allowed on affirmance of judgment or decree.


        Execution in causes removed to the Supreme Court by writ of error, to issue from the District Court.


        SEC. 41. Where, upon such writ of error, the Supreme Court shall affirm a judgment or decree, they may adjudge or decree to the defendant in error just damages for his delay, not exceeding ten per cent. per annum--but such damages shall only be given when it is manifest to the court that the appeal or writ of error was taken for delay--and all costs. The Supreme Court shall not issue executions in causes that are removed before them by writs of error, but shall send a special mandate to the district court to award execution thereupon, including lawful costs accruing upon such appeal.

        In what cases appeals allowed to the Supreme Court.


        Transcript of proceedings.


        No new evidence to be received.


        Appeals subject to the rules prescribed in case of writs of error.


        Proviso as to appeals or writs of error from existing judgments or decrees.


        SEC 42. From all final judgments or decrees which may be rendered in any district court in any cases of equity or admiralty and maritime jurisdiction, and of prize or no prize, an appeal, where the matter in dispute, exclusive of costs, exceeds the sum or value of five thousand dollars in equity, or of five hundred dollars in courts of admiralty and maritime jurisdiction, shall be allowed to the Supreme Court, and upon such appeal, a transcript of the libel, bill, answer, depositions and all other proceedings of what kind soever in the cause, shall be transmitted to the said Supreme Court; and no new evidence shall be received in the said court on the hearing of such appeal; and such appeals shall be subject to the same rules, regulations, and restrictions as are prescribed in law in case of writs of error; and the said Supreme Court shall be and hereby is authorized and required to receive, hear and determine such appeals: Provided always, That appeals or writs of error in any case to the Supreme Court of this Confederacy, from existing judgments or decrees, may be taken under the same rules and regulations required by the laws of the United States for appeals or writs of error to the Supreme Court of the United States, existing at the time the said judgment or decrees were rendered.

        Supreme Court to make rules for the dispatch of cases.


        Proceedings in cases in which the judges are equally divided in opinion.


        SEC. 43. The Supreme Court shall have power from time to time to make all such rules and regulations as it may deem needful for the orderly and correct dispatch of cases not inconsistent with the rules of law, and this power shall extend both to original and appellate causes therein. In all cases in the Supreme Court where there is an equal division of opinion among the judges thereof, and the court is not full, there shall be awarded a re-argument before a full court. If there be such division when the court is full, then the judgment of the court below shall be affirmed.

        Original jurisdiction of the Supreme Court.


        Exclusive jurisdiction.


        Trial by jury.


        Writs of prohibition and mandamus.


        SEC. 44. The Supreme Court shall have original jurisdiction of all controversies of a civil nature where a state is a party, except between a state and its citizens, or citizens of any other state or nation. It shall also have exclusively all such jurisdiction of suits or proceedings against ambassadors or other public ministers, or their servants, as a court of law can have or exercise consistently with the law of nations; and original but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or vice-consul shall be a party. And the trial of issues in fact in the Supreme Court, in all actions at law against citizens of the Confederate States, shall be by jury, and it shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles


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and usages of law, to any courts appointed under the authority of the Confederate States.

        In what cases writs of error allowed from the final judgments or decrees of the highest courts of the States to the Supreme Court of the C. S.;


        and under what regulations and with what effect.


        Assignment of errors.


        SEC. 45. Be it further enacted, That a final judgment or decree in any suit, in the highest court of law or equity of a state in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the Confederate States; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties or laws of the Confederate States; or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute or commission held under the Confederate States; in each of these cases the decision may be re-examined, and reversed or affirmed in the Supreme Court of the Confederate States, upon a writ of error, the citation being signed by any judge of the said Supreme Court, in the same manner and under the same regulations, and with the like effect as if the judgment or decree complained of had been rendered or passed in a district court of the Confederate States; and the proceedings upon reversal shall be the same, except that the Supreme Court, instead of remanding the case for a final decision, may at their discretion, if the cause shall have once been remanded before, proceed to a final decision of the same and award execution. But no other error shall be assigned or regarded as a ground of reversal in any such case as aforesaid, than such as appears in the face of the record, and immediately respects the beforementioned question of validity or construction of the said constitution, treaties, statutes, commissions or authorities in dispute.

        Effect of judgments etc., of any State court rendered since the secession of such State.


        Appeal or writ of error therefrom.


        SEC. 46. All judgments, orders and decrees made by any state court since the date of the secession of such state, upon any subject or matter which before such secession was within the jurisdiction of the courts of the United States, shall have the force and effect of judgments, orders and decrees of the courts herein established, with the privilege of either party to appeal or sue out a writ of error.

        Transfer of records, etc., in suits pending in the Circuit or District Courts of the U. S. within any of the States of the Confederacy, to the District Court of the C. S. in the same district.


        Also of papers of every kind pertaining to judicial proceedings in any of said courts and to suits decided therein, or to any land office.


        Copies of said records and papers admissible in evidence.


        Proviso as to suits pending for five years without prosecution.


        Effect of unsatisfied judgments of the Circuit and District Courts of the U. S.


        What proceedings may be had thereon in the District Court of the C. S. by execution or otherwise.


        Suits in which U. S. are plaintiffs to remain suspended.


        Executions of all judgments rendered in favor of the U. S. likewise suspended.


        Seizures on executions made in behalf of the U. S., declared void.


        Proviso.


        SEC. 47. And be it further enacted, That all the records, papers, dockets, depositions and judicial proceedings of every kind appertaining to any suit now pending in the circuit or district courts of the United States, within any of the states of this Confederacy, shall be transferred to the district court of the Confederate States of America in the same state and district in which the same was pending; and the late clerk of said of said circuit court or district courts, or other person in whose custody said records, papers, dockets, depositions and judical proceedings may be, shall deliver the same to the clerk of the district court to which they may be transferred under the provisions of this act, and the same shall stand in the same plight and condition in which they were in said circuit and district courts respectively, and all previous orders therein made shall have the same effect. And the court to which said causes are hereby transferred shall proceed to hear and determine the same according to law, and all dockets, books, records, documents and papers of every kind pertaining to judicial proceedings in any of said courts, and to suits heretofore decided therein, and all patents, deeds, records, books and papers pertaining to any land office which may by law have been deposited with the clerk of any of said courts or transferred to his office for safe keeping, shall be delivered to the clerk of the district court for the district in which such court is situated, and the same shall be safely kept and preserved by said clerk until otherwise provided by law. And copies of any such records or other papers made out by said clerk of the district court and authenticated according to law, shall have the force and effect given to copies of other instruments of like character in such


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state, and be admissable in evidence in all cases in which copies are admitted as evidence in the courts of the Confederate States: Provided, That all suits which shall have been pending in any of said courts for the space of five years without prosecution shall be considered as abandoned, unless prosecuted within six months from the time of such transfer. And the judgments in all civil cases heretofore rendered in said circuit and district courts of the United States remaining unsatisfied, shall have the same force and effect which they had before the secession of the State in which said court is situated, and the same proceedings may be had thereon in the district court of the Confederate States, by execution or otherwise, which might have been taken in the court in which they were rendered at the time of their rendition. And where, under any such judgment of the circuit courts of the United States, any execution may have been in part executed by levy on property or otherwise, it shall be the duty of the marshal or officer in whose hands such execution and property may be, to turn over the same to the marshal of the Confederate States for the district in which such judgment was rendered, and to take his receipt therefor; and thereupon the said marshal shall proceed to dispose of the same according to the laws in force at the time such judgment was rendered, and pay over the proceeds to the party entitled. And new process shall be issued in such district courts when requisite; but all suits pending in said courts in which the United States are plaintiffs shall remain suspended, and no further proceedings shall be had therein until the independence of this Confederacy shall be recognized by the United States; and execution of all judgments rendered in favor of said United States is hereby suspended, and all seizures on executions heretofore made in behalf of the said United States are hereby declared to be inoperative and void, and shall not be renewed until recognition be made of the independence of this Confederacy as aforesaid. But this section shall be subject to such disposition of the causes therein provided for as has been made by the several States before the adoption of the Provisional Constitution, unless said States shall conform their legislation to the provisions in this act contained.

        Transfer of causes pending in the Supreme Court of the U. S., upon appeal or writ of error, to the Supreme Court of the C. S.


        If not transferred within twelve monihs the judgment of the Court below affirmed.


        Bond given for appeal, etc., to remain in force.


        Transcripts of records printed in the Supreme Court of the U. S., may be filed.


        SEC. 48. Where cases are now pending in the Supreme Court of the United States upon appeal or writ of error, from any court of the States now forming the Confederate States, it shall be lawful for the appellant or plaintiff in error, at any time within twelve months from the date, to dismiss such appeal or writ of error, and file a transcript of the record and a copy of the bond for the appeal or writ of error in the Supreme Court of the Confederate States, and thereupon the same shall be considered in all respects as if it had been originally filed in the said Supreme Court of the Confederate States, and shall be heard and determined in said court according to the laws in force at the time said cause was determined in the court below, and the rights of the respective parties shall be the same as when said cause was taken up to the Supreme Court of the United States. And if such cause shall not be transferred in twelve months as aforesaid, then the judgment of the court from which the appeal or writ of error was taken shall be deemed final and in all things affirmed. And in case of such transfer, the bond given for the appeal or writ of error shall be and remain in full force in the court of the Confederate States; and in cases where the transcripts of the records have already been printed in the Supreme Court of the United States under the rules thereof, such printed copy, duly certified by the clerk of that court, may be filed in the Supreme Court of these Confederate States, and it shall not be necessary to have a new transcript made by the clerk of the court from which the appeal or writ of error was prosecuted.


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        District Courts of the C. S. and their officers to carry into effect certain unexecuted judgments, etc, of the Supreme Court of the U. S. remaining in force.


        Proviso.


        Notice to party or his counsel of causes transferred under this law.


        SEC. 49. And where there shall heretofore have been any judgment or decree in the Supreme Court of the United States in a case from any of the district or circuit courts of the United States for any one of the States now forming a part of the Confederate States, and which remains in force and unexecuted, it shall be and it is hereby made the duty of the district court of such Confederate State and its officers, to carry into effect and to execute such judgment or decree according to the mandate of the Supreme Court of the United States, as if there had been no dissolution of the Union: Provided, That such judgment or decree was rendered before the secession of the State from which such cause went to the Supreme Court. When any cause is transferred under the provisions of this law, notice of such transfer shall be given to the adverse party or his counsel thirty days before the term of the court at which such case is to be tried.

        Effect of judgments of U. S. courts in criminal cases.


        District Courts of the C. S. empowered to execute them.


        Persons under arrest on process issued from the United States Courts.


        Bail bond to bind party to appear in Court.


        Indictments found in any of the U. S courts, to be heard, etc., in the District Courts of the C. S.


        Warrants or other process from said courts.


        SEC. 50. In all cases where persons are under judgment or sentence, or are imprisoned upon conviction of any crime or offence before any court of the United States, in any of the States now forming a part of the Confederate States of America, such judgment or sentence shall continue in full force and effect until the same has been executed and carried out, and the said district courts of the Confederate States are hereby clothed with all necessary powers to have such judgment or sentence executed. And no person now under arrest or in custody upon any criminal charge or offence, on process issued from the courts of the United States, shall be released by reason of the dissolution of the Union, but he shall continue under arrest or in custody until discharged by due course of law. And any bail bond given by any party to answer any charge under process from any of said courts, shall be obligatory upon such party and his sureties, and bind him to appear at the first term of the district court of the Confederate States to be held for the district in which he was arrested. And all indictments heretofore found in any of the said courts and not yet disposed of shall continue in full force and virtue until heard and determined in the district court of the Confederate States for the district in which the same was found. And all warrants or other process issuing on any criminal charge from any of said courts shall continue in force and be made returnable to the court of the district in the Confederate States in which the offence therein charged is alleged to have been committed. And to these ends full authority is hereby granted to said district courts.

        Penitentiary and jails.


        SEC. 51. Where, by the laws of any State, its penitentiary or jails may be used by the courts or marshals of the Confederate States, the same shall be so used whenever necessary; but if in any State there be no law authorizing their use, then it shall be the duty of the marshal to provide a suitable place or places for the custody and confinement of all prisoners or convicts who may be committed to his custody by competent legal authority.

        Special jurisdiction of District Court held at the seat of government, of crimes and offences committed by public officers, and of suits on their official bonds.


        SEC. 52. Where any forfeiture or penalty is by law prescribed against misfeasance or malfeasance in office by any of the officers of the Confederate States residing at the seat of government, or where crimes or offences are committed by any of said officers in their respective offices, which are or may be punishable by indictment, or where suits may become necessary upon the official bonds of any such officers, made payable to the Confederate States of America, the jurisdiction in all such cases shall pertain to and be exercised by the district court of the Confederate States which shall be held at the seat of government.

        Writs of error or appeal to the Supreme Court from judgments rendered in causes pending in the courts of the U. S. at the time of the secession of the States.


        SEC. 53. From all judgments or decrees which shall be rendered in causes pending in the courts of the United States at the time of the secession of the States in which the same were, and which causes shall


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be transferred to and decided by the courts of this Confederacy, writs of error or appeal may lie to the Supreme Court of this Confederacy, when the sum or matter in controversy exceeds the sum of two thousand dollars.

        When act takes effect.


        Laws repealed.


        SEC. 54. This act shall be in force and have effect from and after the passage thereof, and all laws and parts of laws coming within the purview of this act, shall be and the same are hereby repealed.

APPROVED March 16, 1861.

CHAP. LXII.--An Act supplementary to an act entitled an act to organize the Navy.

March 16, 1861.

        Relative position of officers of the Navy of the U. S. who have resigned and received appointments in the Navy of the C. S.


        The Congress of the Confederate States of America do enact, That in case officers who were formerly attached to the navy of the United States, but had resigned in consequence of the secession of any one or of all of the Confederate States, should receive appointments in the navy of the Confederate States, the President is authorized to affix to their commissions such dates as may be necessary to secure to them the same relative position that they held in the former service.

APPROVED March 16, 1861.

CHAP. LXIII.--An Act supplemental to an act to define and fix the pay of the officers of the Congress.

March 16, 1861.

        Pay of the officers of Congress under the Provisional Government, defined and fixed.


        The Congress of the Confederate States of America do enact, That the amount of salary established by the said act for each officer during the continuance of the Provisional Government shall be deemed a salary for a year; and that each officer may receive a rateable proportion thereof at any time during the year, upon the warrant of the President of the Congress.

APPROVED March 16, 1861.

CHAP. LXIV.--An Act to appropriate money for certain civil purposes.

March 16, 1861.

        Appropriation for salary of Auditor of the Treasury.


        The Congress of the Confederate States of America do enact, That the following sum be, and the same is hereby appropriated for the object hereafter expressed, for the year ending the fourth of February, eighteen hundred and sixty-two: For salary of Auditor of the Treasury, for auditing accounts of the war office in the expenditure for the army, the sum of three thousand dollars.

APPROVED March 16, 1861.


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CHAP. LXV.--Ae Act making additional appropriations for the support of the Army, for the year ending the first of March, eighteen hundred and sixty-two.

March 16, 1861.

        Appropriation for the purchase of ordnance and ordnance stores.


        The Congress of the Confederate States of America do enact, That the following sum be, and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, namely: For the purchase of ordnance and ordnance stores, one hundred and ten thousand dollars.

APPROVED March 16, 1861.

CHAP. LXVI.--An Act making appropriations for the service of the Postoffice Department, for the fiscal year ending the first of March, eighteen hundred and sixty-two.

March 16, 1861.

        Appropriations for Postoffice Department.


        The Congress of the Confederate States of America do enact, That the following sums be appropriated for the Post Office Department for the year ending the first of March, one thousand eight hundred and sixty-two, out of any moneys in the Treasury, arising from the revenues of the service of said department, namely: For transportation of the mails inland, one million one hundred and two thousand, two hundred and eighteen dollars and forty-nine cents; for compensation of Postmasters, three hundred thousand dollars; for clerk of Post Offices, one hundred thousand dollars; for ship, steam-boat and way-letters, five thousand dollars; for office furniture for Post Offices, two thousand dollars; for advertising, fifteen thousand dollars; for mail bags, ten thousand dollars; for paper blanks, ten thousand dollars; for printing blanks, three thousand dollars; for wrapping paper, eight thousand dollars; for mail locks, keys and stamps, ten thousand dollars; for mail depredations and special agents, twenty thousand dollars; for miscellaneous payments, forty thousand dollars; for postage stamps and stamped envelopes, twenty-five thousand dollars; for payment on account of foreign mail service, seventy-five thousand dollars; for payment of letter carriers, two thousand dollars.

        To supply deficiencies in the revenue of the said department.


        SEC. 2. That the sum of three hundred and twenty thousand and sixty dollars thirty-six cents be, and the same is hereby appropriated, to be paid out of any moneys in the Treasury not otherwise appropriated, to supply deficiencies in the revenue of the Post Office Department for the year ending the first of March, one thousand eight hundred and sixty-two.

APPROVED March 16, 1861.

CHAP. LXVII.--An Act to authorize the Secretary of the Treasury to appoint Special Agents in certain cases.

March 16, 1861.

        Special agents to organize custom-houses on the frontiers, and to examine books, accounts, etc.


        Compensation.


        The Congress of the Confederate States of America do] enact, That the Secretary of the Treasury shall be, and he is hereby authorized to appoint special agents for the purpose of organizing the custom-houses at ports of entry and delivery on the frontiers between the Confederate States and other Governments, and to cause examinations to be made of the books, accounts, money on hand and general management of all the offices of the several collectors of the customs, sub-treasurers, public depositories, mints, and all other officers and agents who may be under the control of the Treasury Department, as occasion may require, with such compensation, not exceeding six dollars per day and traveling expenses, as he may think reasonable, to be fixed at the time of each appointment.


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The agent selected to make these examinations shall be instructed, in all offices having charges of public funds, to examine as well the books, accounts and returns of the officer, as the money on hand and the manner of its being kept, to the end that uniformity and accuracy in the accounts, as well as safety to the public moneys, may be secured thereby.

        When this act to expire.


        SEC. 2. Be it further enacted, That this act shall expire in two years from the date of its passage.

APPROVED March 16, 1861.

CHAP. LXVIII.--An Act Making appropriation for the service of the Bureau of Indian Affairs.

March 16, 1861.

        Appropriation for the service of the Bureau of Indian Affairs.


        The Congress of the Confederate States of America do enact, That the following sum be, and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the service of the Bureau of Indian Affairs, for the year ending first of March, eighteen hundred and sixty-two, namely: For the salary of the commissioner and chief clerk of the Bureau of Indian Affairs and incidental expenses of the bureau, five thousand dollars.

APPROVED March 16, 1861.

CHAP. LXIX.--An Act to amend an act entitled an act authorizing the President alone to make certain appointments.

March 16, 1861.

        Appointment of officers by the President during the recess of Congress.


        The Congress of the Confederate States of America do enact, That the act described in the caption hereof shall be held and construed, to authorize the President to appoint, during the recess of Congress, all officers, civil, military and naval, established by law: Provided, such appointments shall be submitted to the Congress when it re-assembles, for its advice and consent.

APPROVED March 16, 1861.


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RESOLUTIONS.

[No. 1.] A Resolution to appoint Messrs. Reid & Shorter Printers to the Congress.

February 5, 1861.

        Public printers appointed.


        Style and quality of work.


        Compensation.


        Resolved, That Messrs. Reid & Shorter be appointed printers to this Congress while it holds its sessions in Montgomery; and that all the work to be done shall, in style and quality, equal that done for the State of Alabama, and shall be paid for at the same proportionate rates of compensation.

ADOPTED February 5, 1861.

[No. 2.] A Resolution accepting the appropriation of five hundred thousand dollars,
made by the General Assembly of the State of Alabama.

February 8, 1861.

        Appropriation by State of Alabama.


        1st. Resolved by the Confederate States of America in Congress assembled, That this Congress accept the liberal offer of the General Assembly of the State of Alabama, to place at the disposal of this body the sum of five hundred thousand dollars, as a loan to the government of the Confederacy now being formed.

        2d. Resolved by the authority aforesaid, That this Congress place the highest appreciation upon this generous, patriotic and considerate action of the State of Alabama, and realize in it the zealous devotion of the people of that state to the cause of "Southern Independence."

ADOPTED February 8, 1861.

[No. 3.] A Resolution for the preservation of the Records of Congress.

February 8, 1861.

        Preamble.


        Whereas, it is necessary that the records of this Congress be placed in a condition of safety, and those pertaining to proceedings with closed doors, in a condition of secresy: Therefore--

        Preservation of records of Congress.


        Resolved by the Confederate States of America in Congress assembled, That the President of Congress be and he is hereby authorized and instructed to make proper provision for the purpose herein declared.

ADOPTED February 8, 1861.

[No. 4.] A Resolution in regard to the State of North Carolina, and the Commissioners
from said State to this Congress.

February 8, 1861.

        Preamble.


        Whereas, the people of North Carolina and those of the States represented in this Congress have a common history, a common sympathy, a common honor, and a common danger; and, whereas, it is the opinion and earnest desire of this Congress that the State of North Carolina should be united in government with these states;--


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        Commissioners from North Carolina.


        Be it therefore resolved, That this Congress received with pleasure the Commissioners from the State of North Carolina, and hope to pursue such a course of action as shall commend itself to, and induce the State of North Carolina speedily to unite in our councils, and in such government as shall be formed by these states.

ADOPTED February 8, 1861.

[No. 5.] A Resolution in relation to the occupation of the forts and arsenals, &c.

February 12, 1861.

        Questions between the States of this Confederacy and the U. S. relating to forts, arsenals, etc.


        Resolved by the Congress of the Confederate States of America, That this government takes under its charge the questions and difficulties now existing between the several states of this Confederacy and the government of the United States of America, relating to the occupation of forts, arsenals, navy yards, and other public establishments; and that the President of the Congress be directed to communicate this resolution to the several states of this Confederacy, through the respective governors thereof.

ADOPTED February 12, 1861.

[No. 6.] A Resolution authorizing the Secretary of Congress to arrange for publication the Provisional Constitution for the Government of the Confederate States of America, with the autograph signatures of the members of Congress, &c.

February 14, 1861.

        Publication of Provisional Constitution with the autograph signatures and flag and seal of the Confederacy.


        Resolved by the Confederate States of America in Congress assembled, That the Secretary of Congress be allowed to have engrossed and arranged for publication the Provisional Constitution for the government of the Confederate States of America, with the autograph signatures of the members of Congress, and the flag and seal of the Confederacy, whenever adopted.

ADOPTED February 14, 1861.

[No. 7.] A Resolution to authorize the Judiciary Committee to have such matter printed as they may desire to lay before the Congress.

February 14, 1861.

        Printing for Judiciary Committee.


        Resolved by the Confederate States of America in Congress assembled, That the Judiciary Committee be authorized to have such matter printed as they may desire to lay before the Congress.

ADOPTED February 14, 1861.

[No. 8.] A Resolution to continue in office the officers of the customs.

February 14, 1861.

        Officers of customs continued in office, with their present salaries.


        Diminution of expenses of collecting the revenue.


        Resolved by the Confederate States of America in Congress assembled, That until otherwise provided, the several officers connected with the collection of customs, duties and imposts in the several states of this Confederacy, be and they are hereby confirmed and continued as officers of the government of the Confederate States of America, with their present salaries and emoluments, until the first day of April next; and that the Secretary of the Treasury be instructed to report to Congress a


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plan, to go into effect at the said date, whereby the expenses of collecting the revenue at each custom house shall be diminished at least fifty per cent.

ADOPTED February 14, 1861.

[No. 9.] A Resolution giving certain powers to the Committee on Naval Affairs.

February 14, 1861.

        Attendance of persons before Committee on Naval Affairs.


        Resolved by the Confederate States of America in Congress assembled, That the Committee on Naval Affairs be authorized to procure the attendance at the seat of government of all such persons versed in naval affairs as they may deem advisable to consult with in the preparation of their report.

ADOPTED February 14, 1861.

[No. 10.] A Resolution to provide for printing for the Committees of the Congress.

February 15, 1861.

        Printing for the standing committees of Congress.


        Resolved by the Congress of the Confederate States of America in Congress assembled, That each of the standing committees of Congress is authorized to cause to be printed any matters which it may deem requisite for the use of the committee.

ADOPTED February 15, 1861.

[No. 11.] A Resolution for the appointment of Commissioners to the Government of the
United States of America.

February 15, 1861.

        Commissioners to the Government of the U. S.


        Resolved by the Confederate States of America in Congress assembled, That it is the sense of this Congress that a commission of three persons be appointed by the President elect, as early as may be convenient after his inauguration, and sent to the government of the United States of America, for the purpose of negotiating friendly relations between that government and the Confederate States of America, and for the settlement of all questions of disagreement between the two governments, upon principles of right, justice, equity and good faith.

ADOPTED February 15, 1861.

[No. 12.] A Resolution for the enforcement of the Revenue Laws.

February 16, 1861.

        Enforcement of the Revenue Laws.


        Resolved by the Confederate States of America in Congress assembled, That the President of Congress instruct the collectors of the several ports of this Confederacy to enforce the existing revenue laws against all foreign countries, except the State of Texas.

ADOPTED February 16, 1861.


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[No. 13.] A Resolution to provide an Executive Mansion.

February 25, 1861.

        Executive mansion to be leased.


        The Congress of the Confederate States of America do resolve, That that the committee to arrange for government buildings be authorized to lease a furnished mansion for the residence of the President of the Confederate States.

APPROVED February 25, 1861.

[No. 14.] A Resolution in relation to patents and caveats.

March 4, 1861.

        Specifications, etc., of inventions and useful discoveries and improvements may be filed in the office of the Attorney General.


        To operate as a caveat.


        Proviso.


        Resolved by the Congress of the Confederate States of America, That all persons, being citizens of the Confederate States, who may wish to procure patents or file caveats for inventions and useful discoveries and improvements, may file in the office of the Attorney General a specification of such invention, discovery or improvement, together with such descriptive drawings as may be necessary; and such specification, when so filed, shall operate as a caveat to protect the rights of such persons, until regular application can be made according to law; and this resolution shall apply to all patents heretofore granted by the United States to citizens of this Confederacy, and to caveats heretofore filed by such citizens in the Patent Office of the United States, on such patents and copies of such caveats being deposited, as aforesaid, in the office of the Attorney General: Provided, That such applicants shall pay such fees as may hereafter be required by law establishing a patent office, on application for patents and filing of caveats.

APPROVED March 4, 1861.

[No. 15.] A Resolution in relation to international copyrights.

March 7, 1861.

        Preamble.


        Whereas, Great Britain, France, Prussia, Saxony and other European Powers, have passed laws to secure to authors of other states the benefits and privileges of their copyright laws, upon condition of similar privileges being granted by the laws of such states to authors, the subjects of the powers aforesaid; Therefore be it

        International copyrights.


        Resolved by the Congress of the Confederate States of America, That the President be and he is hereby authorized to instruct the Commissioners appointed by him to visit the European Powers, to enter into treaty obligations for the extension of international copyright privileges to all authors, the citizens and subjects of the powers aforesaid.

APPROVED March 7, 1861.

[No. 16.] A Resolution to continue the mints at New Orleans and Dahlonega.

March 9, 1861.

        Mints at New Orleans and Dahlonega.


        Dies for the coin.


        The Congress of the Confederate States of America do resolve, That the mints at New Orleans and Dahlonega shall be continued, and the proper arrangements made as soon as possible to procure suitable dies for the coin of the Confederate States.

        Appropriation for.


        Resolved further, That the Secretary of the Treasury be requested to estimate and report to Congress the lowest amount of appropriation necessary to carry out the above resolution.

APPROVED March 9, 1861.


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[No. 17.] Resolutions providing for a digest of laws.

March 12, 1861.

        Committee to revise the Statute laws of the U. S.


        Resolved, That a committee of three members of this body be appointed to revise the statute laws of the United States, and report, in form of a digest, such laws as are applicable to this Confederacy, together with such changes and modifications as they would recommend for the adoption of Congress.

        Authorized to employ clerks and to order printing.


        Resolved further, That the committee have leave to sit during the recess, and to employ such clerks and to order such printing as they may require, and that they be authorized to draw for the same on the appropriation for the contingent expenses of Congress.

        Committee to be appointed by the President of Congress.


        Resolved further, That the committee be appointed by the President of Congress.

APPROVED March 12, 1861.

[No. 18.] A Resolution accepting certain funds tendered to the Confederate States by the
State of Louisiana.

March 14, 1861.

        Preamble.


        Whereas, the Convention of the State of Louisiana has adopted an ordinance as follows, to-wit:

        "An ordinance to transfer certain funds to the government of the Confederate States of America.

        "SECTION 1. It is hereby ordained, That the sum of three hundred and eighty-nine thousand two hundred and sixty-seven, forty-six one hundredths dollars, now in the hands of A. J. Guirot, State Depositary, and known as the 'Bullion Fund,' be transferred to the government of the Confederate States of America, and that said depositary be and he is hereby authorized and instructed to pay said sum upon the order of the Secretary of the Treasury of said Confederate States.

        Funds tendered to the C. S. by the State of Louisiana.


        "SEC. 2. It is further ordained, That the sum of one hundred and forty-seven thousand five hundred and nineteen dollars and sixty-six cents, being the balance received by said State Depository from the customs since the thirty-first of January last, be transferred to said government and paid by said depositary upon the order of said Secretary of the Treasury of the Confederate States."

        Be it therefore resolved by the Congress of the Confederate States of America, That the Congress accepts with a high sense of the patriotic liberality of the State of Louisiana, the funds so generously tendered to the treasury of the Confederate States, and proffered in the ordinance aforesaid.

APPROVED March 14, 1861.

[No. 19.] Resolutions in reference to forts, dock-yards, reservations and property ceded
to the Confederate States.

March 15, 1861.

        Cession by the States of forts, arsenals, navy yards, etc.


        Resolved by the Congress of the Confederate States, That the Congress do recommend to the respective States to cede the forts, arsenals, navy-yards, dock-yards and other public establishments within their respective limits to the Confederate States, and moreover, to cede so much of the lands reserved heretofore by the government of the United States, or other public vacant lands in their respective limits as may be necessary for timber or lumber for naval or other purposes of public concern; and that the President of Congress be requested to communicate


Page 95

these resolutions and the accompanying report to the governors of the respective States.

        President to take charge of the property ceded.


        Resolved further, That in case of such cession, the President be and is hereby authorized and empowered to take charge of any such property ceded.

APPROVED March 15, 1861.

[No. 20.] Resolutions in relation to the contingent fund of Congress.

March 15, 1861.

        Disbursement of the contingent fund of Congress.


        1st. Resolved by the Congress of the Confederate States of America, That the disbursement of the contingent fund of Congress be placed under the direction and control of the Secretary, subject to the approval of the committee on accounts.

        To be made in accordance with the estimates of the Secretary.


        Resolved further, That estimates shall regularly be submitted by the Secretary, and no disbursements of the contingent fund shall hereafter be audited by the committee on accounts, except in accordance with such estimates.

        Report by Secretary to Congress.


        Resolved further, That the Secretary, at the next meeting of this Congress, shall submit a detailed and particular statement of the payments made and authorized by him from the contingent fund of Congress.

APPROVED March 15, 1861.

[No. 21.] A Resolution to provide for the auditing and payment of certain claims against
the Congress.

March 16, 1861.

        Auditing and paying of certain claims against the Congress.


        Resolved by the Congress of the Confederate States of America, That Hon. William P. Chilton, the resident member of the committee on accounts, be authorized to audit and allow the accounts against the Congress which have not been audited and allowed--the Secretary of the Congress to act with said member of said committee; and claims audited and allowed by them to be paid on the order of said Chilton, for said committee, countersigned by said Secretary; and this resolution to operate only during the recess of Congress.

APPROVED March 16, 1861.


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PRIVATE ACT OF THE PROVISIONAL CONGRESS
OF THE
CONFEDERATE STATES.

        Passed at the first session of the Provisional Congress, which was begun and held at the City of Montgomery, on Monday, February 4, 1861, and continued to March 16, 1861.

JEFFERSON DAVIS, President. ALEXANDER H. STEPHENS, Vice President of the Confederate States. HOWELL COBB, President of the Congress.

CHAP. I.--An Act for the relief of William P. Barker.

February 25, 1861.

        Wm. P. Barker authorized to file specification of his invention.


        The same to operate as a caveat.


        SECTION 1. The Congress of the Confederate States of America do enact, That William P. Barker, a citizen of the State of Alabama, be authorized to file in the office of the Attorney General, a specification of an invention claimed to have been made by him, as an improvement in the mode of casting ordnance; and that the same shall, from this date, operate as a caveat, to protect his said invention, until an application can be made for a patent according to law.

APPROVED February 25, 1861.

RESOLUTIONS.

[No. 1.] A Resolution for the relief of J. M. Walden, a citizen of Georgia.

February 16, 1861.

        J. M. Walden authorized to file a caveat, etc., for the protection of his improvement in railroad switches.


        Proviso.


        Resolved by the Confederate States of America in Congress assembled, That J. M. Walden, a citizen of the State of Georgia, be and he is hereby authorized to file with the Attorney General, a caveat, accompanied by suitable drawings and explanations, setting forth the design and purpose thereof, for the protection of an improvement claimed to have been made by him in railroad switches; and that said caveat, when so filed as aforesaid, shall be effectual to protect his rights to said invention, until a patent office shall have been established: Provided, That as soon as said office is established, said caveat shall be filed with the commissioner thereof, and such proceedings had thereon as may be authorized by law.

ADOPTED February 16, 1861.


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[No. 2.] A Resolution to pay certain naval officers their traveling expenses.

March 15, 1861.

        Samuel Rousseau and others, late officers of the U. S. Navy, to be paid their traveling expenses.


        SECTION 1. The Congress of the Confederate States of America do resolve, That the Secretary of the Navy be and he is hereby authorized to pay to Samuel Rousseau, Joseph Tatnall, Victor M. Randolph, J. D. Ingraham and Rapheal Semmes, late officers of the navy of the United States, who were summoned to this city by the committee on naval affairs, in pursuance of authority conferred on said committee by a resolution of this body adopted on the fourteenth day of February, one thousand eight hundred and sixty-one, their traveling expenses at the rates prescribed by law.

APPROVED March 15, 1861.


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PUBLIC ACTS OF THE PROVISIONAL CONGRESS
OF THE
CONFEDERATE STATES,

        Passed at the second session of the Provisional Congress, which was begun and held at the city of Montgomery, on Monday, the twenty-ninth day day of April, 1861, and ended on the twenty-first day of May, 1861.

JEFFERSON DAVIS, President. ALEXANDER H. STEPHENS, Vice-President of the Confederate States. HOWELL COBB, President of the Congress.

STATUTE II.

CHAP. I.--An Act to provide for the appointment of chaplains in the army.

May 3, 1861.

        Chaplains in the Army.


        SECTION 1. The Congress of the Confederate States of America do enact, That there shall be appointed by the President such number of chaplains, to serve with the armies of the Confederate States during the existing war, as he may deem expedient; and the President shall assign them to such regiments, brigades or posts as he may deem necessary; and the appointments made as aforesaid shall expire whenever the existing war shall terminate.

        Their monthly pay.


        SEC. 2. The monthly pay of said chaplains shall be eighty-five dollars; and said pay shall be in full of all allowances whatever.

APPROVED May 3, 1861

CHAP. II.--An Act providing for a regiment of Zouaves in the Army of the Confederate States.

May 4, 1861.

        Regiment of zouaves added to the military establishment.


        Officers, and their pay and allowances.


        The Congress of the Confederate States of America do enact, That there shall be added to the military establishment of the Confederate States, one regiment of Zouaves, to be composed of one colonel, one lieutenant-colonel, one major, and ten companies; and each company shall consist of one captain, one first lieutenant, two second lieutenants, one sergeant major, one quartermaster's sergeant, four sergeants and eight corporals, and ninety privates. And to the regiment there shall be attached one adjutant and a quartermaster, to be selected from the lieutenants. And one assistant surgeon shall be appointed for the regiment, in addition to those already authorized by law for the medical department. The monthly pay of the officers of the regiment of Zouaves shall be the same as that of officers of infantry of the same rank; the allowances shall also be the same as those provided by law for officers of infantry; and the adjutant and quartermaster shall receive ten dollars per month in addition to their pay as lieutenants. The monthly pay of the


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enlisted men of said regiment of Zouaves shall be as follows: sergeants major and quartermaster's sergeants, twenty dollars; sergeants, seventeen dollars; corporals, thirteen dollars; and privates, eleven dollars each; together with the same rations and allowance for clothing as are received by all other enlisted men.

APPROVED May 4, 1861.

CHAP. III.--An act recognizing the existence of war between the United States and the Confederate States; and concerning letters of marque, prizes and prize goods.

May 6, 1861.

        Preamble.


        Whereas, the earnest efforts made by this Government to establish friendly relations between the Government of the United States and the Confederate States, and to settle all questions of disagreement between the two Governments upon principles of right, justice, equity and good faith, have proved unavailing by reason of the refusal of the Government of the United States to hold any intercourse with the commissioners appointed by this Government for the purposes aforesaid, or to listen to any proposal they had to make for the peaceful solution of all causes of difficulty between the two Governments; and whereas, the President of the United States of America has issued his proclamation making requisition upon the States of the American Union for seventy-five thousand men for the purpose, as therein indicated, of capturing forts and other strongholds within the jurisdiction of, and belonging to the Confederate States of America, and has detailed naval armaments upon the coasts of the Confederate States of America, and raised, organized and equipped a large military force to execute the purpose aforesaid, and has issued his other proclamation announcing his purpose to set on foot a blockade of the ports of the Confederate States: and whereas, the State of Virginia has seceded from the Federal Union and entered into a convention of alliance offensive and defensive with the Confederate States, and has adopted the Provisional Constitution of the said States; and the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas and Missouri, have refused, and it is believed that the State of Delaware and the inhabitants of the territories of Arizona and New Mexico, and the Indian territory south of Kansas, will refuse to co-operate with the Government of the United States in these acts of hostilities and wanton aggression, which are plainly intended to overawe, oppress and finally subjugate the people of the Confederate States; and whereas, by the acts and means aforesaid, war exists between the Confederate States and the Government of the United States, and the states and territories thereof, except the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas, Missouri and Delaware, and the territories of Arizona and New Mexico, and the Indian territory south of Kansas: Therefore,

        President authorized to use the whole land and naval forces.


        And to issue letters of marque and reprisal.


        Proviso, as to property of the enemy.


        Further proviso as to vessels of citizens of the U. S. now in the ports of the C. S.


        SECTION 1. The Congress of the Confederate States of America do enact, That the President of the Confederate States is hereby authorized to use the whole land and naval force of the Confederate States to meet the war thus commenced, and to issue to private armed vessels commissions, or letters of marque and general reprisal, in such form as he shall think proper, under the seal of the Confederate States, against the vessels, goods and effects of the government of the United States, and of the citizens or inhabitants of the states and territories thereof, except the states and territories herein before named: Provided, however, That property of the enemy (unless it be contraband of war) laden on board a neutral vessel, shall not be subject to seizure under this act: And provided further, That vessels of the citizens or


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inhabitants of the United States now in the ports of the Confederate States, except such as have been since the fifth of April last, or may hereafter be, in the service of the government of the United States, shall be allowed thirty days after the publication of this act, to leave said ports and reach their destination; and such vessels and their cargoes, excepting articles contraband of war, shall not be subject to capture under this act during said period, unless they shall have previously reached the destination for which they were bound on leaving said ports.

        President may revoke letters of marque and reprisal.


        SEC. 2. That the President of the Confederate States shall be and he is hereby authorized and empowered to revoke and annul, at pleasure, all letters of marque and reprisal which he may at any time grant pursuant to this act.

        Applications for letters of marque and reprisal to be in writing. What to be stated.


        SEC. 3. That all persons applying for letters of marque and reprisal, pursuant to this act, shall state in writing the name and a suitable description of the tonnage and force of the vessel, and the name and place of residence of each owner concerned therein, and the intended number of the crew; which statement shall be signed by the person or persons making such application, and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State.

        Bond and security by owners of vessels.


        Penalty and condition.


        SEC. 4. That before any commission or letters of marque and reprisal shall be issued as aforesaid, the owner or owners of the ship or vessel for which the same shall be requested, and the commander thereof for the time being, shall give bond to the Confederate States, with at least two responsible sureties not interested in such vessel, in the penal sum of five thousand dollars, or if such vessel be provided with more than one hundred and fifty men, then in the penal sum of ten thousand dollars, with condition that the owners, officers and crew who shall be employed on board such commissioned vessel, shall and will observe the laws of the Confederate States, and the instructions which shall be given them according to law for the regulation of their conduct, and will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof, by such vessel during her commission, and to deliver up the same when revoked by the President of the Confederate States.

        Forfeiture of captures and prizes of vessels and other property.


        Distribution of prizes.


        SEC. 5. That all captures and prizes of vessels and property shall be forfeited and shall accrue to the owners, officers and crews of the vessels by whom such captures and prizes shall be made, and on due condemnation had, shall be distributed according to any written agreement which shall be made between them; and if there be no such written agreement, then one moiety to the owners and the other moiety to the officers and crew, as nearly as may be, according to the rules prescribed for the distribution of prize money by the laws of the Confederate States.

        Vessels and other property of citizens of the C. S. and certain other persons, recaptured, to be restored to owners on the payment of salvage.


        Distribution of salvage.


        SEC. 6. That all vessels, goods and effects, the property of any citizen of the Confederate States, or of persons resident within and under the protection of the Confederate States, or of persons permanently within the territories and under the protection of any foreign prince, government or state in amity with the Confederate States, which shall have been captured by the United States, and which shall be recaptured by vessels commissioned as aforesaid, shall be restored to the lawful owners, upon payment by them of a just and reasonable salvage, to be determined by the mutual agreement of the parties concerned, or by the decree of any court having jurisdiction, according to the nature of each case, agreeably to the provisions established by law. And such salvage shall be distributed among the owners, officers and crews of the vessels


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commissioned as aforesaid, and making such captures, according to any written agreement which shall be made between them; and in case of no such agreement, then in the same manner and upon the principles herein before provided in cases of capture.

        Vessel to be brought into port before breaking of bulk,


        and proceeded against before a competent tribun'l.


        Condemnation and forfeiture.


        District Courts to have exclusive original cognizance.


        When the court may degree restitution,


        and damages and costs.


        SEC. 7. That before breaking bulk of any vessel which shall be captured as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such captured vessel, goods or effects shall be brought into some port of the Confederate States, or of a nation or state in amity with the Confederate States, and shall be proceeded against before a competent tribunal; and after condemnation and forfeiture thereof shall belong to the owners, officers and crew of the vessel capturing the same, and be distributed as before provided; and in the case of all captured vessels, goods and effects which shall be brought within the jurisdiction of the Confederate States, the district courts of the Confederate States shall have exclusive original cognizance thereof, as in civil causes of admiralty and maritime jurisdiction; and the said courts, or the courts, being courts of the Confederate States, into which such cases shall be removed, and in which they shall be finally decided, shall and may decree restitution in whole or in part, when the capture shall have been made without just cause. And if made without probable cause, may order and decree damages and costs to the party injured, for which the owners and commanders of the vessels making such captures, and also the vessels, shall be liable.

        Persons on captured or recaptured vessels to be reported to the collector of the port, and delivered into the custody of the marshal, etc.


        SEC. 8. That all persons found on board any captured vessels, or on board any recaptured vessel, shall be reported to the collector of the port in the Confederate States in which they shall first arrive, and shall be delivered into the custody of the marshal of the district, or some court or military officer of the Confederate States, or of any state in or near such port, who shall take charge of their safe keeping and support, at the expense of the Confederate States.

        Instructions by the President to officers and crews of vessels commissioned.


        Copies to be delivered by collectors of the customs.


        SEC. 9. That the President of the Confederate States is hereby authorized to establish and order suitable instructions for the better governing and directing the conduct of the vessels so commissioned, their officers and crews, copies of which shall be delivered by the collector of the customs to the commanders, when they shall give bond as before provided.

        Bounties allowed.


        To be paid by the Secretary of the Treasury.


        SEC. 10. That a bounty shall be paid by the Confederate States of twenty dollars for each person on board any armed ship or vessel, belonging to the United States, at the commencement of an engagement, which shall be burnt, sunk or destroyed by any vessel commissioned as aforesaid, which shall be of equal or inferior force, the same to be divided as in other cases of prize money; and a bounty of twenty-five dollars shall be paid to the owners, officers and crews of the private armed vessels commissioned as aforesaid, for each and every prisoner by them captured and brought into port, and delivered to an agent authorized to receive them, in any port of the Confederate States; and the Secretary of the Treasury is hereby authorized to pay or cause to be paid to the owners, officers and crews of such private armed vessels commissioned as aforesaid, or their agent, the bounties herein provided.

        Commanding officer of vessel having a commission or letters of marque and reprisal, to keep a regular journal. What the journal to contain.


        On arrival into port to produce his commission and deliver up his journal.


        Officer of the customs to go on board and take an account of the officers and men, the number of guns, etc.


        Vessel not to leave port till journal shall have been surrendered, and certificate obtained from officer of the customs.


        Former certificate to be delivered up.


        SEC. 11. That the commanding officer of every vessel having a commission or letters of marque and reprisal, during the present hostilities between the Confederate States and the United States, shall keep a regular journal, containing a true and exact account of his daily proceedings and transactions with such vessel and the crew thereof; the ports and places he shall put into or cast anchor in; the time of his stay there and the cause thereof; the prizes he shall take and the nature and probable value thereof; the times and places when and where


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taken, and in what manner he shall dispose of the same; the ships or vessels he shall fall in with; the times and places when and where he shall meet with them, and his observations and remarks thereon; also, of whatever else shall occur to him or any of his officers or marine, or be discovered by examination or conference with any marines or passengers of or in any other ships or vessels, or by any other means touching the fleets, vessels and forces of the United States, their posts and places of station and destination, strength, numbers, intents and designs; and such commanding officer shall, immediately on his arrival in any port of the Confederate States, from or during the continuance of any voyage or cruise, produce his commission for such vessel, and deliver up such journal so kept as aforesaid, signed with his proper name and hand-writing, to the collector or other chief officer of the customs at or nearest to such port; the truth of which journal shall be verified by the oath of the commanding officer for the time being. And such collector or other chief officer of the customs shall, immediately on the arrival of such vessel, order the proper officer of the customs to go on board and take an account of the officers and men, the number and nature of the guns, and whatever else shall occur to him on examination material to be known; and no such vessel shall be permitted to sail out of port again until such journal shall have been delivered up, and a certificate obtained under the hand of such collector or other chief officer of the customs that she is manned and armed according to her commission; and upon delivery of such certificate, any former certificate of a like nature which shall have been obtained by the commander of such vessel, shall be delivered up.

        Penalty for neglecting to keep a journal, or wilfully making fraudulent entries therein, etc.


        SEC. 12. That the commanders of vessels having letters of marque and reprisal as aforesaid, neglecting to keep a journal as aforesaid, or wilfully making fraudulent entries therein, or obliterating the record of any material transactions contained therein, where the interest of the Confederate States is concerned, or refusing to produce and deliver such journal, commission or certificate, pursuant to the preceding section of this act, then and in such cases the commissions or letters of marque and reprisal of such vessels shall be liable to be revoked; and such commanders, respectively, shall forfeit for every such offence the sum of one thousand dollars, one moiety thereof to the use of the Confederate States, and the other to the informer.

        Penalty for violating the acts for the collection of the revenue and the prevention of smuggling.


        SEC. 13. That the owners or commanders of vessels having letters of marque and reprisal as aforesaid, who shall violate any of the acts of Congress for the collection of the revenue of the Confederate States, and for the prevention of smuggling, shall forfeit the commission or letters of marque and reprisal, and they and the vessels owned or commanded by them shall be liable to all the penalties and forfeitures attaching to merchant vessels in like cases.

        Deduction allowed of duties on goods captured and made lawful prizes.


        SEC. 14. That on all goods, wares and merchandise captured and made good and lawful prizes of war, by any private armed ship having commission or letters of marque and reprisal under this act, and brought into the Confederate States, there shall be allowed a deduction of thirty-three and one-third per cent. on the amount of duties imposed by law.

        Five per cent. on the net amount of prize money and salvage, to be paid to collectors of customs, consuls, or other public agents.


        This money to constitute a fund for the support of the widows and orphans of persons killed, and other persons.


        SEC. 15. That five per centum on the net amount (after deducting all charges and expenditures) of the prize money arising from captured vessels and cargoes, and on the net amount of the salvage of vessels and cargoes recaptured by the private armed vessels of the Confederate States, shall be secured and paid over to the collector or other chief officer of the customs, at the port or place in the Confederate States at which such captured or recaptured vessels may arrive, or to the consul or other public agent of the Confederate States residing at the port or place not within the Confederate States at which such captured or recaptured vessel may


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arrive. And the moneys arising therefrom shall be held and are hereby pledged by the government of the Confederate States as a fund for the support and maintenance of the widows and orphans of such persons as may be slain, and for the support and maintenance of such persons as may be wounded and disabled on board of the private armed vessels commissioned as aforesaid, in any engagement with the enemy, to be assigned and distributed in such manner as shall hereafter be provided by law.

APPROVED May 6, 1861.

CHAP. IV.--An Act to admit the Commonwealth of Virginia as a member of the Confedevate States of America.

May 7, 1861.

        Admission of Virginia.


        The Commonwealth of Virginia having, in a convention of her people, ratified and adopted the Constitution for the Provisional Government of the Confederate States of America; Therefore--

        The Congress of the Confederate States of America do enact, That the Commonwealth of Virginia be and is hereby admitted as a member of the said Confederate States, upon an equal footing with the other Confederate States, under the Constitution for the Provisional Government of the same.

APPROVED May 7, 1861.

CHAP. V.--An Act to raise an additional military force to serve during the war.

May 8, 1861.

        President authorized to accept the services of volunteers without regard to the place of enlistment.


        The Congress of the Confederate States of America do enact, That in addition to the volunteer force authorized to be raised under existing laws, the President be and he is hereby authorized to accept the services of volunteers who may offer their services, without regard to the place of enlistment, either as cavalry, mounted riflemen, artillery, or infantry, in such proportion of these several arms as he may deem expedient, to serve for and during the existing war, unless sooner discharged.

        May be accepted in companies and organized into squadrons, etc.


        President to appoint field and staff officers. Company officers elected by the company, and commissioned by the President.


        SEC. 2. That the volunteers so offering their services may be accepted by the President in companies, to be organized by him into squadrons, battalions or regiments. The President shall appoint all field and staff officers, but the company officers shall be elected by the men composing the company; and if accepted, the officers so elected shall be commissioned by the President.

        Vacancies; how filled.


        SEC. 3. That any vacancies occurring in the ranks of the several companies mustered into service under the provisions of this act, may be filled by volunteers accepted under the rules of such companies; and any vacancies occurring in the officers of such companies shall be filled by elections in accordance with the same rules.

        Volunteer forces to be subject to acts for the government of the army.


        SEC. 4. Except as herein differently provided, the volunteer forces hereby authorized to be raised, shall in all regards be subject to and organized in accordance with the provisions of "An act to provide for the public defence," and all other acts for the government of the armies of the Confederate States.

APPROVED May 8, 1861.


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CHAP. VI.--An Act to amend "An act vesting certain powers in the Postmaster General," approved March 15, 1861.

May 9, 1861.

        Postmaster General to take entire charge of the postal service.


        The Congress of the Confederate States of America do enact, That the provisions of "An act vesting certain powers in the Postmaster General," approved March fifteenth, one thousand eight hundred and sixty-one, be so amended as that he be and hereby he is authorized, on and after a day to be named by him in a proclamation to be issued by him for that purpose, to take the entire charge and direction of the postal service of the Confederate States.

        Empowered to annul contracts, or to discontinue or curtail the service, etc.


        Extra pay allowed where service discontinued.


        SEC. 2. And be it further enacted, That the Postmaster General be and he hereby is authorized and empowered to annul contracts, or to discontinue or curtail the service and pay on them, when he shall deem it advisable to dispense with the service, in whole or in part, or to place a higher or different grade of service on the route, or when the public interests shall require such discontinuance or curtailment for any other cause, he allowing one month's extra pay on the amount of service dispensed with, in full of all damages to the contractor.

        Classification of railroads.


        SEC. 3. And be it further enacted, That the railroads in the Confederate States be and they are hereby divided into three classes, on the following basis, viz: The great through lines connecting important points and conveying heavy mails, to be class number one; completed railroads connecting less important points, but carrying heavy mails for local distribution, to be class number two; and roads on which less important mails are conveyed, short branch roads, and such unfinished roads as do not carry great mails or connect important points, shall be class number three.

        Compensation allowed railroad companies.


        Additional pay for night service.


        Employees of the Postoffice Department to pass free over the road.


        SEC. 4. And be it further enacted, That in contracts made with railroad companies for carrying the mail once a day, on schedules to be agreed on, the Postmaster General may allow them compensation not exceeding the following rates, viz: On first class roads, one hundred and fifty dollars per mile; on second class roads, one hundred dollars per mile; and on third class roads, fifty dollars per mile; the amount of compensation to be determined by the importance and value of the services to be performed: Provided, That if one-half of the services on any railroad is required to be performed in the night time, it shall be lawful for the Postmaster General to pay twenty-five per cent. in addition to the above named maximum rates of pay: Provided, further, That the agents, messengers, and other traveling employees of the postoffice department shall pass free of charge over such roads, respectively; and this act shall take effect and be of force from and after its passage.

APPROVED May 9, 1861.

CHAP. VII.--An Act to amend "An act to provide for the public defence," approved March 6, 1861.

May 10, 1861.

        President may receive into service companies of light artillery.


        The Congress of the Confederate States of America do enact, That the President may receive into the service of the Confederate States any company of light artillery, which by said act he is authorized to do, with such complement of officers and men, and with such equipments as to him shall seem proper; anything in said act of the sixth of March, one thousand eight hundred and sixty-one, to the contrary, notwithstanding.

APPROVED May 10, 1861.


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CHAP. VIII.--An Act to make further provision for the public defence.

May 11, 1861.

        Preamble.


        Whereas, war exists between the United States and the Confederate States; and whereas the public welfare may require the reception of volunteer forces into the service of the Confederate States, without the formality and delay of a call upon the respective States: [Therefore]--

        President authorized to receive into service companies, battalions or regiments.


        The Congress of the Confederate States of America do enact, That the President be authorized to receive into service such companies, battalions or regiments, either mounted or on foot, as may tender themselves, and he may require, without the delay of a formal call upon the respective States, to serve for such time as he may prescribe.

        Organization of volunteer forces.


        Allowances.


        Service.


        Battalions, etc., from States not of the Confederacy. President may appoint the field officers.


        SEC. 2. Such volunteer forces who may be accepted under this act, except as herein differently provided, shall be organized in accordance with and subject to all the provisions of the act entitled "An act to provide for the public defence," and be entitled to all the allowances provided therein; and when mustered into service, may be attached to such divisions, brigades or regiments as the President may direct, or ordered upon such independent or detached service as the President may deem expedient: Provided, however, That battalions and regiments may be enlisted from states not of this Confederacy, and the President may appoint all or any of the field officers thereof.

        Commission of officers.


        Supernumerary officer to each company.


        SEC. 3. The President shall be authorized to commission all officers entitled to commissions, of such volunteer forces as may be received under the provisions of this act. And upon the request of the officer commanding such volunteer regiment, battalion or company, the President may attach a supernumerary officer to each company, detailed from the regular army for that purpose, and for such time as the President may direct.

APPROVED May 11, 1861.

CHAP. IX.--An Act relative to telegraph lines of the Confederate States.

May 11, 1861.

        President authorized to take the control of telegraph lines.


        The Congress of the Confederate States of America do enact, That during the existing war, the President be and he is hereby authorized and empowered to take such control of such of the lines of telegraph in the Confederate States, and of such of the offices connected therewith, as will enable him effectually to supervise the communications passing through the same, to the end that no communications shall be conveyed of the military operations of the government to endanger the success of such operations, nor any communication calculated to injure the cause of the Confederate States, or to give aid and comfort to their enemies.

        To appoint agents to supervise communications.


        SEC. 2. The President shall appoint trustworthy agents in such offices, and at such points on the various lines as he may think fit, whose duty it shall be to supervise all communications sent or passing through said lines, and to prevent the transmission of any communication deemed to be detrimental to the public service.

        When he may take possession of the lines.


        SEC. 3. In case the owners and managers of said lines shall refuse to permit such supervision, or shall fail or refuse to keep up and continue the business on said lines, the President is hereby empowered to take possession of the same for the purposes aforesaid.

        To issue instructions to the agents and operators of the lines.


        SEC. 4. The President shall from time to time issue instructions to the agents so appointed, and to the operators of the various lines, to regulate the transmission of communications touching the operations of the government, or calculated to affect the public welfare.


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        May employ the operators as agents of the government.


        SEC. 5. That the President, at his discretion, may employ the operators of the lines as the agents of the government, so that in this as in all other respects, there may be as little interference with the business and management of such lines as may be compatible with the public interest.

        Compensation of agents to be paid out of the treasury.


        SEC. 6. That the compensation of the agents appointed under this act, where such agents are not officers of the company, and the expense attending the execution of the provisions of this act, shall be paid out of the treasury.

        Communications in cypher and enigmatical communications.


        SEC. 7. That no communications in cypher, nor enigmatical, or other doubtful communication, shall be transmitted, unless the person sending the small shall be known to the agent of the government to be trustworthy, nor until the real purport of such communication shall be explained to such agent.

        Extension and connection of lines.


        SEC. 8. That the President is hereby authorized, whenever it may be found necessary or advisable for the successful prosecution of the war, to extend existing lines of telegraph, or make connections between the same, the expense of contracting such additional lines to be paid out of any money in the treasury not otherwise appropriated.

        Oath required of officers.


        SEC. 9. That all present and future officers of the telegraph lines engaged in receiving and transmitting intelligence within the Confederate States shall, as soon as practicable after the passage of this act or after their appointment, take and subscribe before any judicial officer of any one of the Confederate States, the following oath: "I, A B, do solemnly swear that I will support and maintain the Constitution of the Confederate States of America, and will not, knowingly, directly or indirectly, transmit through the telegraph any communication or information calculated to injure the cause of the Confederate States, or to give aid or comfort to their enemies."

        Communications touching military operations.


        Party sending, subject to indictment.


        Fine and imprisonment.


        SEC. 10. That if any person shall knowingly send or transmit any message or communication touching the military operations of the government, without the same being first submitted to the inspection of the agent of the government, or any message calculated to aid and promote the cause of the enemies of the Confederate States, he shall be subject to indictment in the district court of the Confederate States, and on conviction shall be fined in a sum not less than five hundred dollars, and imprisoned for a term not less than one year.

APPROVED May 11, 1861.

CHAP. X.--An Act to amend an act entitled "An act to fix the pay of members of the Congress of the Confederate States of America," approved March 11, 1861.

May 11, 1861.

        How mileage allowed members of Congress computed.


        The Congress of the Confederate States of America do enact, That the above entitled act, approved March the eleventh, eighteen hundred and sixty-one, be so amended and construed as to provide, that in computing the mileage to which members are entitled, the distance shall be estimated by the usual route of travel from the residence of the member to the place where Congress may assemble.

        Commencement of act.


        SEC. 2. Be it further enacted, That this act shall take effect and be of force from its passage.

APPROVED May 11, 1861.


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CHAP. XI.--An Act in relation to the Confederate Loan.

May 11, 1861.

        Preamble.


        Whereas, under and by virtue of the act to raise money for the support of the government, and to provide for the defence of the Confederate States of America, approved February twenty-eighth, eighteen hundred and sixty-one, the Secretary of the Treasury did proceed to offer five millions of said loan, conformably to the provisions of said act: And whereas, in many portions of the Confederate States the currency was and is composed of notes of banks which have suspended specie payment, not of necessity, but as a measure of public policy: And whereas, certain of said banks did agree to redeem in coin or its equivalent such of their notes as should be paid in by subscribers to said loan: And whereas, the Secretary of the Treasury, in view of the exigencies of the times, and with a desire to give to the people of all parts of the Confederate States the opportunity of subscribing to said loan, did authorize the loan commissioners to receive the notes of the banks hereinbefore referred to; and to avoid inconvenience and the risk of transit, has authorized the said loan commissioners to deposit the moneys received by them in said banks: Now, therefore--

        Acts of the Secretary of the Treasury, his subordinate officers and of the loan commissioners confirmed, and said officers to continue to act.


        Deposits of money in banks.


        Checks or warrants on the banks for the deposits; how payable.


        The Congress of the Confederate States of America do enact, That all of the acts and doings of the Secretary of the Treasury, of his subordinate officers, and of the loan commissioners, consistent with the facts recited in the foregoing preamble, are hereby confirmed and made valid, any law, usage or custom to the contrary, notwithstanding; and the said Secretary, his subordinate officers, and the loan commissioners, are hereby authorized to continue so to act in regard to the said loan, until the whole amount authorized by said act shall have been fully subscribed for, and their duties regarding the same shall have determined; and the said Secretary is authorized to make and continue the deposits of moneys received or to be received on account of the said loan in any of the said banks; and the Treasurer of the Confederate States is authorized to draw checks or warrants on said banks on account of said deposits, payable either in coin or its equivalent, or in current bank notes, as the Secretary of the Treasury may direct.

APPROVED May 11, 1861.

CHAP. XII.--An Act to amend an act entitled "An act further to provide for the organization of the Postoffice Department," approved March 9, 1861.

May 11, 1861.

        Salaries of chiefs of the bureaus in the Postoffice Department.


        The appointment of their successors.


        And of the clerks draftsman, and other employees.


        The Congress of the Confederate States of America do enact, That from and after the passage of this act, the annual salary of the chief of the contract bureau, the chief of the appointment bureau, and the chief of the fiuance bureau, shall be three thousand dollars; and that hereafter, as the office of either of them shall be vacated, the appointment of his successor shall be made by the President of the Confederate States, by and with the advice and consent of the Congress; and the clerks, draftsman and other employees of the department shall be appointed by the Postmaster General.

        Vacancy in the office of Postmaster General. Who to discharge the duties.


        Proviso.


        SEC. 2. And be it further enacted, That in case of the death, resignation, absence or removal from office of the Postmaster General, all his powers and duties shall devolve on and be performed by the chief of the contract bureau, until a successor shall be appointed and arrive at the general postoffice to perform the business, or until the return of the Postmaster General: Provided, however, The said chief of the contract bureau shall make no permanent appointment of clerks.

        Principal Clerk allowed to each of the bureaus, and to the inspection office.


        Additional clerks.


        Watchman.


        SEC. 3. And be it further enacted, That there shall be allowed to each


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of the bureaus of the department, and also to the inspection office, a principal clerk, at an annual salary of fourteen hundred dollars each. And the Postmaster General is hereby authorized to employ ten additional clerks, at an annual salary of twelve hundred dollars each; also four clerks, at an annual salary of one thousand dollars each; also one watchman, at an annual salary of five hundred dollars.

        Additional pay allowed the disbursing clerk of the contingent and salary funds.


        SEC. 4 And be it further enacted, That the clerk charged with the disbursement of the contingent and salary funds of the department, be allowed an additional compensation of two hundred dollars per annum; and that this act take effect and be in force from and after its passage.

APPROVED May 11, 1861.

CHAP. XIII.--An Act to amend "An act to prescribe the rates of postage in the Confederate States of America, and for other purposes," approved February 23, 1861.

May 13, 1861.

        Act of Feb. 23d, 1861, ch. 13, relating to postage on certain sealed packages, amended.


        The Congress of the Confederate States of America do enact, That so much of the first section of an act entitled "An act to prescribe the rates of postage in the Confederate States of America, and for other purposes," approved February twenty-third, one thousand eight hundred and sixty-one, as relates to sealed packages, containing other than printed or written matter, including money packages, be and the same is hereby so amended as to require that such packages shall be rated by weight, and charged the rates of letter postage.

        Amendment of 2d section of the above act.


        Postage on certain newspapers.


        On periodicals.


        On other newspapers, circulars, hand-bills, engravings, pamphlets, periodicals and magazines.


        Prepayment of postage.


        Books deemed mailable matter.


        Double postage on newspapers, periodicals and books published out of the C. S.


        Publishers of newspapers, etc., may send and receive them to and from each other, free of postage.


        Postage on newspapers, etc., placed in postoffice for delivery only.


        SEC. 2. And be it further enacted, That the second section of said act be amended as follows, to-wit: That all newspapers published within the Confederate States, not exceeding three ounces in weight, and sent from the office of publication to actual and bona fide subscribers within the Confederate States, shall be charged with postage as follows, to-wit: The postage on the regular numbers of a newspaper published weekly shall be ten cents per quarter; papers published semi-weekly, double that amount; papers published thrice a week, treble that amount; papers published six times a week, six times that amount; and papers published daily, seven times that amount. And on newspapers weighing more than three ounces there shall be charged on each additional ounce, in addition to the foregoing rates, on those published once a week, five cents per ounce or fraction of an ounce per quarter; on those published twice a week, ten cents per ounce per quarter; on those published three times a week, fifteen cents per ounce per quarter; on those published six times a week, thirty cents per ounce per quarter; and on those published daily, thirty-five cents per ounce per quarter. And periodicals published oftener than bi-monthly, shall be charged as newspapers. And other periodicals, sent from the office of publication to actual and bona fide subscribers, shall be charged with postage as follows, to-wit: The postage on the regular numbers of a periodical published within the Confederate States, not exceeding one and a half ounces in weight, and published monthly, shall be two and a half cents per quarter, and for every additional ounce or fraction of an ounce, two and a half cents additional; if published semi-monthly, double that amount; and periodicals published quarterly or bi-monthly, shall be charged two cents an ounce; and regular subscribers to newspapers and periodicals shall be required to pay one quarter's postage thereon, in advance, at the office of delivery, unless paid at the office where published. And there shall be charged upon every other newspaper, and each circular not sealed, hand-bill, engraving, pamphlet, periodical and magazine, which shall be unconnected with any manuscript or written matter, and not exceeding three ounces in weight, and published within


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the Confederate States, two cents; and for each additional ounce or fraction of an ounce, two cents additional; and in all cases the postage shall be prepaid by stamps, or otherwise, as the Postmaster General shall direct. And books, bound or unbound, not weighting over four pounds, shall be deemed mailable matter, and shall be charged with postage, to be prepaid by stamps or otherwise, as the Postmaster General shall direct, at two cents an ounce for any distance. And upon all newspapers, periodicals and books, as aforesaid, published beyond the limits of the Confederate States, there shall be charged postage at double the foregoing specified rates. The publishers of newspapers or periodicals within the Confederate States may send and receive to and from each other, from their respective offices of publication, one copy of each publication free of postage. All newspapers, unsealed circulars, or other unsealed printed transient matter, placed in any postoffice not for transmission but for delivery only, shall be charged postage at the rate of one cent each.

        Third section of the act of 23d February, 1861, ch. 13, amended.


        Postmaster General to provide ten cent stamps and stamped envelopes.


        SEC. 3 And be it further enacted, That the third section of the above recited act be and the same is hereby so amended, as to authorize the Postmaster General to provide and furnish ten cent stamps and stamped envelopes; and that the provisions, restrictions and penalties prescribed by said section of said act for violations of the same in relation to two, five, and twenty cent stamps and stamped envelopes, shall, in all respects, apply to the denomination of stamps and stamped envelopes herein provided for.

        Proviso in the fifth section of the above act amended, by extending to the chiefs of the bureaus the franking privilege therein conferred on the Postmaster General and others.


        SEC. 4. And be it further enacted, That the proviso contained in the fifth section of the said act be so amended as to extend to the chiefs of the contract, appointment and finance bureaus of the Postoffice Department the privilege therein conferred upon the Postmaster General, his chief clerk, and the auditor of the treasury for the Postoffice Department, of transmitting through the mails, free of postage, any letters, packages, or other matters relating exclusively to their official duties or to the business of the Postoffice Department, subject to the restrictions and penalties prescribed by the said proviso; and that this act take effect and be of force from and after its passage.

APPROVED May 13, 1861.

CHAP. XIV.--An Act to suspend the operations of the Mints.

May 14, 1861.

        Operations of the mints suspended.


        Moneys and bullion transferred to the Treasurer of the C. S.


        The Congress of the Confederate States of America do enact, That from and after the first day of June ensuing, the operations of the several mints in the Confederate States be suspended; and that all officers therein shall cease to exercise their functions or to receive any salaries; and that all moneys and bullion in the hands of any officer shall forthwith be transferred to the Treasurer of the Confederate States.

        Mint at New Orleans and appurtenances to be in charge of some fit person.


        The superintendent may be accepted as custodian. His compention.


        SEC. 2. That the mint at New Orleans, with the tools, implements and all appurtenances, be placed by the superintendent in charge of some fit person, to be approved by the Secretary of the Treasury; and that the said Secretary be authorized to accept the superintendent as such custodian, and to allow him, or such other person as may be appointed, the use and occupation of the portion heretofore used as a dwelling, in consideration of his undertaking the charge and safe-keeping of the whole establishment.

        Same course authorized in relation to the mint at Dahlonega.


        SEC. 3. That the Secretary of the Treasury, until otherwise directed by law, be authorized to take the same course in relation to the mint and public property connected with it at Dahlonega.

APPROVED May 14, 1861.


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CHAP. XV.--An Act to organize further the Bureau of Superintendent of Public Printing.

May 14, 1861.

        Salary of superintendent of public printing.


        The Congress of the Confederate States of America do enact, That the salary of the Superintendent of Public Printing shall be three thousand dollars, payable as other salaries of heads of bureaus in the several departments.

        His messenger and his salary.


        SEC. 2. The Superintendent of Public Printing shall be entitled to a messenger, who shall receive a salary of three hundred dollars per annum.

        The publication of the laws, etc., to be under the direction of the superintendent.


        Contracts with publishers of newspapers.


        SEC. 3. The publication of the laws and journals of Congress shall be exclusively under the direction of the Superintendent of Public Printing, subject to the supervision and control of the Attorney General. And the Superintendent may contract with publishers of newspapers as to the terms of publication of the laws and journals, not exceeding in compensation the rates usually paid by other advertisers for similar work.

        Advertising for sealed proposals, for paper.


        Contractor to furnish paper as the superintendent shall require. To give band and security.


        SEC. 4. The Superintendent shall have authority to contract, by advertising for sealed proposals, for all paper necessary to do all the printing ordered by Congress, or either one of the executive departments. In all cases the contractor shall furnish the paper, at such times and in such quantities as the Superintendent shall require, and shall give bond, with two good sureties, for the faithful performance of the contract.

        Orders for printing by Congress or any of the departments. Duties of the superintendent in respect there to.


        SEC. 5. All orders for printing by Congress, or any of the executive departments, shall be sent to the Superintendent of Public Printing, to be by him delivered to the printer or contractor; and the printing, when completed, shall be returned to the Superintendent, to be received or rejected, and by him delivered according to the order.

        Laws militating against this act, repealed.


        SEC. 6. All laws and parts of laws militating against this act, be and the same are hereby repealed.

APPROVED May 14, 1861.

CHAP. XVI.--An Act to authorize the transfer of appropriations.

May 14, 1861.

        Moneys appropriated for a particular branch of expenditure in one department may be applied to another in same department.


        Special account thereof to be laid before Congress.


        The Congress of the Confederate States of America do enact, That during the recess of Congress the President of the Confederate States may and he is hereby authorized, on the application of the secretary of the proper department, and not otherwise, to direct, if in his opinion necessary for the public service, that a portion of the moneys appropriated for a particular branch of expenditure in that department, be applied to another branch of expenditure in the same department; in which case a special account of moneys thus transferred, shall be laid before Congress during the first week of the next ensuing session.

        When this act to cease.


        SEC. 2. This act shall continue and be of force until the end of the existing war, and no longer.

APPROVED May 14, 1861.

CHAP. XVII.--An Act to define the limits of the port of New Orleans, and for other purposes.

May 14, 1861.

        Limits of the port of New Orleans, defined.


        The ports of delivery known as bayou St. John's, Lake Port, and Port Pontchartrain, and the customs officers, abolished and discontinued.


        The Congress of the Confederate States of America do enact, That the port of New Orleans, in the State of Louisiana, shall embrace and include all the waters, inlets and shores on both sides of the river Mississippi, within the whole parish of Orleans, that part of the parish of Jefferson on the right bank of said river to the upper line of the Destrehans canal,


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and that portion of the said parish of Jefferson on the left bank of the Mississippi river to the upper limits of the town or faubourg of Hurtsville. That the ports of delivery known as bayou St. John's, Lake Port, and Port Pnntchartrain, and the customs officers authorized therefor, be and the same are hereby abolished and discontinued, and all the waters, inlets and shores embraced within the limits of said ports be added to and included in the port of New Orleans.

APPROVED May 14, 1861.

CHAP. XVIII.--An Act regulating the sale of prizes, and the distribution thereof.

May 14, 1861.

        Sale of prizes.


        Notice of the sale.


        Terms.


        Purchaser may pay the purchase money, or give his promissory note.


        The Congress of the Confederate States of America do enact, That all prizes of vessels and property captured by private armed ships, in pursuance of the act passed by Congress recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes and prize goods, which may be condemned in any court of the Confederate States, shall be sold at public auction by the marshal of the district in which the same shall be condemned, within sixty days after the condemnation thereof--sufficient notice of the time and place and condition of sale being first given--on such day or days, on such terms of credit, and in such lots or proportions as may be designated by the owner or owners, or agent of the owner or owners, of the privateer which may have captured the same: Provided, That the term of such credit shall not exceed ninety days. And the said marshal is hereby directed to take and receive from the purchaser or purchasers of such prize vessel and property, the money therefor, or his, her or their promissory notes, with endorsers, to be approved by the owner or owners of the privateer, to the amount of the purchase, payable according to the terms thereof.

        Payment by the marshal, to the owners and the officers and crew of the privateer, of the funds received on account of the sale.


        Proviso.


        SEC. 2. That upon all duties, costs and charges being paid according to law, the said marshal shall, on demand, deliver and pay over to the owner or owners of the privateer, or to the agent of such owner or owners of the privateer which may have captured such prize vessel and property, a just and equal proportion of the funds received on account of the sale thereof, and of the promissory notes directed to be taken as aforesaid, to which the said owner or owners may be entitled, according to the articles of agreement between the said owner or owners and the officers and crew of the said privateer; and a just and equal proportion of the proceeds of the sale as aforesaid, shall, on demand, be also paid over by the said marshal to the officers and crew of the said privateer, or to their agent or agents. And if there be no written agreement, it shall be the duty of the marshal to pay over, in manner as aforesaid, one moiety of the proceeds of the sale of such prize vessel and property to the owner or owners of the privateer which may have captured the same; and the other moiety of the said proceeds to the agent or agents of the officers and crew of the said privateer, to be distributed according to law, or to any agreement by them made: Provided, The said officers and crew, or their agent or agents, shall have first refunded to the owner or owners, or to the agent of the owner or owners of the privateer aforesaid, the full amount of advances which shall have been made by the owner or owners of the privateer, to the officers and crew thrreof.

        Commission allowed marshal for selling, and receiving and paying over the proceeds.


        SEC. 3. That for the selling prize property and receiving and paying over the proceeds as aforesaid, the marshal shall be entitled to a commission of one per cent., and no more, first deducting all duties, costs and charges, which may have accrued on said property: Provided, That on no


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case of condemnation and sale of any one prize vessel and cargo, shall the commissions of the marshal exceed two hundred and fifty dollars.

        Marshal to file account of the sales, and of all duties and charges, with a statement of the promissory notes taken.


        The account to be verified by his oath.


        Penalty for failure; how recoverable.


        SEC. 4. That it shall be the duty of the marshal, within fifteen days after any sale of prize property, to file in the office of the clerk of the district court of the district wherein such sale may be made, a just and true account of the sales of such prize property, and of all duties and charges thereon, together with a statement thereto annexed of the promissory notes taken on account thereof, which account shall be verified by the oath of the said marshal; and if the said marshal shall wilfully neglect or refuse to file such account, he shall forfeit and pay the sum of five hundred dollars for each omission or refusal as aforesaid, to be recovered in an action of debt by any person interested in such sale, and suing for the said penalty, on account of the party or parties interested in the prize vessel or property sold as aforesaid, in any court having cognizance thereof.

        Removal of prize vessel or property from one port to another.


        Proviso.


        SEC. 5. That the owner or owners of any private armed vessel or vessels, or their agent or agents, may, at any time before a libel shall be filed against any captured vessel or her cargo, remove the same from any port into which such prize vessel or property may be first brought, to any other port in the Confederate States, to be designated at the time of the removal as aforesaid, subject to the same restrictions and complying with the same regulations with respect to the payment of duties which are provided by law in relation to other vessels arriving in port with cargoes subject to the payment of duties: Provided, That before such removal the said captured property shall not have been attached at the suit of any adverse claimant, or a claim against the same have been interposed in behalf of the Confederate States.

APPROVED May 14, 1861.

CHAP. XIX.--An Act to provide for the auditing of accounts of the Post-office Department.

May 16, 1861.

        The First Auditor of the Treasury to audit the accounts in the Post-office Department.


        Appeal allowed to the Comptroller of the Treasury.


        Report by Auditor to the Postmaster General.


        Auditor to keep accounts and vouchers,


        and to report delinquencies of postmasters.


        To close accounts quarterly.


        To register, charge and countersign warrants.


        Other duties.


        To state and certify quarterly, accounts of the moneys paid.


        To superintend the collection of debts, penalties and forfeitures, and direct suits, etc.


        The Congress of the Confederate States of America do enact, That it shall be duty of the First Auditor of the Treasury to receive all accounts arising in the Post-office Department or relative thereto; to audit and settle the same and certify their balances to the Postmaster General: Provided, That if either the Postmaster General, or any person whose account shall be settled, be dissatisfied therewith, he may within twelve months appeal to the Comptroller of the Treasury, whose decision shall be final and conclusive. The said Auditor shall report to the Postmaster General, when required, the official forms of papers to be used by postmasters and other officers and agents of the department concerned in its receipts and payments, and the manner and form of keeping and stating its accounts. He shall keep and preserve all accounts, with the vouchers, after settlement. He shall promptly report to the Postmaster General all delinquencies of postmasters in paying over the proceeds of their offices. He shall close the accounts of the department quarterly, and transmit to the Secretary of the Treasury quarterly statements of its receipts and expenditures. He shall register, charge and countersign all warrants upon the treasury for receipts and payments issued by the Postmaster General, when warranted by law. He shall perform such other duties in relation to the financial concerns of the department as shall be assigned to him by the Secretary of the Treasury or the Postmaster General, and shall make to them, respectively,


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such reports as either of them may require respecting the same. He shall state and certify quarterly to the Postmaster General accounts of the moneys paid pursuant to appropriations, in each year, by postmasters, out of the proceeds of their offices, towards the expenses of the department, under each of the heads of the said expenses specified in the appropriations; upon which the Postmaster General shall issue warrants to the Treasurer of the Confederate States, in order that the same may be carried to the credit and debit of the appropriation for the service of the Post-office Department, on the books of the Auditor of the Treasury. He shall superintend the collection of all debts due to the department, and all penalties and forfeitures imposed on postmasters for failing to make returns, or to pay over the proceeds of their offices, and he shall direct suits and legal proceedings, and take all such measures as may be authorized by law to enforce the prompt payment of moneys due to the department.

        To have charge of lands and other property assigned, etc., to the C. S.; and to sell and dispose of the same.


        SEC. 2. And be it further enacted, That the said Auditor shall have charge of all lands and other property which shall be assigned, set off or conveyed to the Confederate States in payment of debts, and of all trusts created for the use of the Confederate States in payment of debts due them on account of the Post-office Department; and to sell and dispose of lands or other property assigned or set off to the Confederate States in payment of debts, or being vested in them by mortgage or other security for the payment of debts due to the said department, under such rules and regulations as may be prescribed by the Postmaster General.

        Clerks to be appointed to aid the Auditor; their salaries.


        Messenger for Treasury Department.


        SEC. 3. The Secretary of the Treasury shall appoint a chief clerk to aid the First Auditor of the Treasury in auditing the accounts of the Post-office Department, who shall receive a salary of two thousand dollars per annum; and shall appoint fifteen additional clerks, with salaries of twelve hundred dollars each, and fourteen other clerks, with salaries of one thousand dollars each, to aid the First Auditor of the Treasury in auditing the accounts of the Post-office Department. And he shall appoint one messenger for the Treasury Department, who shall be allowed a salary of five hundred dollars per annum.

        Auditor may send communications relating to post-office business free of charge.


        Commencement of act.


        SEC. 4. Be it further enacted, That the said Auditor of the Treasury shall be allowed to send through the mail all communications, relating exclusively to the post-office business, free of charge, under the same rules, regulations and restrictions, and subject to the same penalties as are now prescribed with respect to transmission free of charge by the heads of bureaus of the Post-office Department. And this act shall go into effect from and after its passage.

APPROVED May 16, 1861.

CHAP. XX.--An Act to increase the Military establishment of the Confederate States, and to amend the "Act for the establishment and organization of the Army of the Confederate States of America."

May 16, 1861.

        Increase of military establishment.


        The Congress of the Confederate States of America do enact, That the President shall be authorized to raise and organize, in addition to the present military establishment, one regiment of cavalry and two regiments of infantry, whenever in his judgment the public service may require such an increase, to be organized in accordance with existing laws for the organization of cavalry and infantry regiments, and to be entitled to the same pay and allowances provided for the same respectively.


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        Rank of "General" established as the highest military grade.


        Assignment of general officers to commands. Their pay and allowances.


        Aids-de camp.


        Appointments to the rank of general.


        SEC. 2. That the five general officers provided by existing laws for the Confederate States, shall have the rank and denomination of "General," instead of "Brigadier General," which shall be the highest military grade known to the Confederate States. They shall be assigned to such commands and duties as the President may specially direct, and shall be entitled to the same pay and allowances as are provided for brigadier generals, and to two aids-de-camp, to be selected as now provided by law. Appointments to the rank of general, after the army is organized, shall be made by selection from the army.

        Increase of the corps of engineers.


        SEC. 3. That the President be authorized, whenever in his judgment the public service may require the increase, to add to the corps of engineers one lieutenant colonel, who shall receive the pay and allowances of a lieutenant colonel of cavalry, and as many captains, not exceeding five, as may be necessary.

        Increase of Quartermaster General's department,


        and of the medical department.


        SEC. 4. That there be added to the quartermaster general's department one assistant quartermaster general, with the rank of lieutenant colonel, and two quartermasters, with the rank of major; and to the commissary general's department, one assistant commissary, with the rank of major, and one assistant commissary, with the rank of captain; and to the medical department, six surgeons and fourteen assistant surgeons.

        Military storekeepers, and their pay and allowances.


        SEC. 5. That the President be authorized to appoint as many military storekeepers, with the pay and allowances of a first lieutenant of infantry, as the safe-keeping of the public property may require, not to exceed in all six storekeepers.

        Quartermaster sergeant and ordnance sergeant added.


        SEC. 6. That there be added to the military establishment one quartermaster sergeant for each regiment of cavalry and infantry, and one ordnance sergeant for each military post, each to receive the pay and allowances of a sergeant major, according to existing laws.

        Hospital stewards. Their pay and allowances.


        SEC. 7. That there may be enlisted for the medical department of the army, for the term already provided by law for other enlisted men, as many hospital stewards as the service may require, to be determined by the Secretary of War, under such regulations as he may prescribe, and who shall receive the pay and allowances of a sergeant major.

        State cadets to be attached to companies, as supernumerary officers, with the rank of cadet.


        Monthly pay.


        Competency for promotion.


        SEC. 8. That until a military school shall be established for the elementary instruction of officers for the army, the President shall be authorized to appoint cadets from the several states, in number proportioned to their representation in the House of Representatives, and ten in addition, to be selected by him at large from the Confederate States, who shall be attached to companies in service in any branch of the army, as supernumerary officers, with the rank of cadet, who shall receive the monthly pay of forty dollars, and be competent for promotion at such time and under such regulations as may be prescribed by the President, or hereafter established by law.

        Assignment of officers to staff duty.


        SEC. 9. That the President be authorized to assign officers of the army of the Confederate States to staff duty with volunteers or provisional troops, and to confer upon them, whilst so employed, the rank corresponding to the staff duties they are to perform.

        Bounties to enlisted men.


        SEC. 10. There shall be allowed and paid to every able-bodied man who shall be duly enlisted to serve in the army of the Confederate States, a bounty of ten dollars; but the payment of five dollars of the said bounty shall be deferred until the recruit shall have been mustered into the regiment into which he is to serve.

        Act of the Congress of the U. S. prohibiting the purchase of arms and military supplies of a patented invention, etc., suspended during the war.


        SEC. 11. That the provision of the third section of the act of the Congress of the United States, making appropriations for the legislative, executive and judicial expenses of the government for the year ending the thirtieth day of June, A. D., eighteen hundred and sixty-one, approved


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proved June twenty-third, eighteen hundred and sixty, which declares that no arms nor military supplies whatever, which are of a patented invention, shall be purchased, nor the right of using or applying any patented invention, unless the same shall be authorized by law, and the appropriation therefor explicitly set forth, that it is for such patented invention, (if of force within the Confederate States,) shall be suspended in its operation for and during the existing war.

APPROVED May 16, 1861.

CHAP. XXI.--An Act to provide a compensation for the Disbursing Officers of the several Executive Departments.

May 16, 1861.

        Disbursing clerk for each of the departments.


        His compensation.


        The Congress of the Confederate States of America do enact, That the Secretaries of the State, Treasury, War and Navy Departments, and of the Department of Justice, and of the Post-office Department, shall appoint one of their clerks as a disbursing clerk; and such clerk shall be allowed, in addition to his compensation as clerk, the additional sum of two hundred dollars per annum, for disbursing the funds of said departments which may be required to pass through their hands. And that all laws and parts of laws now in force relating to this subject, be repealed; and that this act take effect and be of force from and after its passage.

APPROVED May 16, 1861.

CHAP. XXII.--An Act to amend an act entitled "An act to provide for the appointment of Chaplains to the Army," approved May third, eighteen hundred and sixty one.

May 16, 1861.

        Pay of chaplains reduced.


        The Congress of the Confederate States of America do enact, That so much of the second section of the above recited act, as fixes the pay of chaplains in the army at eighty-five dollars, be repealed, and that the pay of said chaplains be fifty dollars per month.

APPROVED May 16, 1861.

CHAP. XXIII.--An Act to authorize the President to continue the Appointments made by him in the Military and Naval Service during the recess of Congress or the present session, and to submit them to Congress at its next session.

May 16, 1861.

        President authorized to continue appointments made by him in the military and naval service.


        The Congress of the Confederate States of America do enact, That the President be authorized to continue the appointments made by him in the military and naval service during the recess of Congress or the present session, and to submit them to Congress at its next session.

APPROVED May 16, 1861.


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CHAP. XXIV.--An Act to authorize a loan and the issue of Treasury Notes; and to prescribe the punishment for forging the same, and for forging Certificates of Stock, and Bonds.

May 16, 1861.

        Secretary of the Treasury authorized to issue fifty millions of dollars in bonds. When payable, and rate of interest.


        Sale of bonds for specie, &c.


        Secretary to report his transactions to Congress.


        Denomination of bonds.


        Proviso.


        The Congress of the Confederate States of America do enact, That the Secretary of the Treasury may, with the assent of the President of the Confederate States, issue fifty millions of dollars in bonds, payable at the expiration of twenty years from their date, and bearing a rate of interest not exceeding eight per cent. per annum until they become payable, the said interest to be paid semi-annually. The said bonds, after public advertisement in three newspapers within the Confederate States for six weeks, to be sold for specie, military stores, or for the proceeds of sales of raw produce or manufactured articles, to be paid in the form of specie or with foreign bills of exchange, in such manner and under such regulations as may be prescribed by the Secretary of the Treasury, with the assent of the President. But it shall be the duty of the Secretary of the Treasury to report, at its next ensuing session, to the Congress of the Confederate States, a precise statement of his transactions under this law. Nor shall the said bonds be issued in fractional parts of the hundred, or be exchanged by the said Secretary for treasury notes, or the notes of any bank, corporation or individual, but only in the manner herein prescribed: Provided, That nothing herein contained shall be so construed as to prevent the Secretary of the Treasury from receiving foreign bills of exchange in payment of these bonds.

        Secretary of the Treasury may issue treasury notes without interest in lieu of bonds, to the amount of twenty millions of dollars.


        Denomination.


        The notes receivable in payment of debts or taxes, except, &c.


        Exchange of notes for the bonds of the Confederate States.


        When the privilege of funding to cease.


        SEC. 2. And be it further enacted, That in lieu of bonds, to an amount not exceeding twenty millions of dollars, the Secretary of the Treasury, with the assent of the President, may issue treasury notes to the same amount, without interest, and in denominations of not less than five dollars--the said notes to be receivable in payment of all debts or taxes due to the Confederate States, except the export duty on cotton, or in exchange, for the bonds herein authorized to be issued. The said notes shall be payable at the end of two years from the date of their issue, in specie. The holders of the said notes may at any time demand in exchange for them bonds of the Confederate States, payable at the end of ten years, and bearing an interest of eight per centum per annum, to be paid semi-annually. The Secretary of the Treasury is hereby authorized to issue the said bonds, but not in fractional parts of the hundred. But if after the expiration of two years, when the treasury notes shall be due, the Secretary of the Treasury shall advertise that he will pay the same, then the privilege of funding shall cease after six months from the date of the advertisement, unless there shall be a failure to pay the same on their presentation.

        Other notes may be issued in lieu of notes redeemed.


        Proviso.


        Treasury notes given in exchange for bonds that are funded.


        SEC. 3. And be it further enacted, That in lieu of the notes authorized by this act, which may be redeemed, other notes may be issued within the period of ten years as aforesaid: Provided, however, That the amount of such notes outstanding, together with the stock in which the said treasury notes may have been funded under the provisions of this act, shall not exceed the sum of twenty millions of dollars. But the Secretary of the Treasury may, upon application of the holder of a bond thus funded, redeem it by giving in exchange treasury notes issued under the provisions of this act, to such extent as that the entire amount of notes then issued, together with the amount of the bonds in which they may have been funded, shall not exceed twenty millions of dollars.

        Faith of the C. S. pledged for the payment of the interest and redemption of the stock and notes.


        To be paid out of any money in the treasury.


        SEC. 4. And be it further enacted, That the faith of the Confederate States is hereby pledged to provide and establish sufficient revenues for the regular payment of the interest, and for the redemption of the said stock and treasury notes. And the principal sum borrowed under the provisions of this act and the interest thereon, as the same shall from


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time to time become due and payable, shall be paid out of any money in the treasury not otherwise appropriated.

        Penalties, &c., of the act of 9th March, 1861, authorizing the issue of treasury notes, considered as a part of this act.


        SEC. 5. And be it further enacted, That this act shall be deemed to contain all the provisions, limitations and penalties of the act entitled an act to authorize the issue of treasury notes, and to prescribe the punishment for forging the same, and for forging certificates of stocks, bonds, or coupons, and approved March ninth, eighteen hundred and sixty-one, which shall be considered as parts of this act, save the first, second and tenth sections, and save so much as relates to interest upon treasury notes.

        Secretary of the Treasury to collect information as to the value of property, &c., in the States, with the view to direct taxation. To make report to Congress.


        SEC. 6. And be it further enacted, That for the purpose of raising ten millions of dollars within the present calendar year, and of providing for the ultimate redemption of the debt herein authorized to be contracted, the Secretary of the Treasury is hereby directed to collect information in regard to the value of the property, the revenue system, and the amount collected during the last fiscal year in each of the Confederate States, and to report the same to Congress at its next session, so as to enable it to lay a fair, equal and convenient system of internal taxation, for the purpose of securing the payment of the interest and principal of the debt hereby authorized to be created, in such manner as may fully discharge the obligation herein contracted by the pledge of the faith of the Confederate States to pay the principal and interest of the said debt when due.

        Payment by State into the Treasury in anticipation of the tax.


        SEC. 7. And be it further enacted, That any State may pay into the treasury, in anticipation of the tax aforesaid, any sum not less than one hundred thousand dollars, in specie or its equivalent; and if the same be paid on or before the first day of July next, the said State shall be allowed to set off the same with ten per cent. additional from the quota to be assessed upon the said State.

APPROVED May 16, 1861.

CHAP. XXV.--An Act to admit the State of North Carolina into the Confederacy, on a certain condition.

May 17, 1861.

        Preamble.


        The State of North Carolina having adopted measures looking to an early withdrawal from the United States, and to becoming in the future a member of this Confederacy, which measures may not be consummated before the approaching recess of Congress: Therefore--

        Admission of the State of North Carolina upon the condition, &c.


        Proclamation by President.


        The Congress of the Confederate States of America do enact, That the State of North Carolina shall be admitted a member of the Confederate States of America, upon an equal footing with the other States, under the Constitution for the Provisional Government of the same, upon the condition that the convention of said State soon to assemble shall adopt and ratify said Constitution for the Provisional Government of the Confederate States, and shall transmit to the President of the Confederate States, before the reassembling of Congress, through the Governor of said State, or some other proper organ, an authentic copy of the act or ordinance of said convention so adopting and ratifying said Provisional Constitution; upon the receipt whereof the President, by proclamation, shall announce the fact; whereupon, and without any further proceeding on the part of Congress, the admission of said State into this Confederacy, under said Constitution for the Provisional Government, shall be considered as complete, and the laws of this Confederacy shall thereby be


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extended over said State as fully and completely as over the other States now composing the same.

APPROVED May 17, 1861.

CHAP. XXVI.--An Act to admit the State of Tennessee into the Confederacy, on certain condition.

May 17, 1861.

        Preamble.


        The State of Tennessee having adopted measures looking to an early withdrawal from the United States, and to becoming, in the future, a member of this Confederacy, which measures may not be consummated before the approaching recess of Congress: Therefore--

        Admission of the State of Tennessee upon the condition, &c.


        Proclamation by President.


        The Congress of the Confederate States of America do enact, That the State of Tennessee shall be admitted a member of the Confederate States of America, upon an equal footing with the other States, under the Constitution for the Provisional Government of the same: upon the condition that the said Constitution for the Provisional Government of the Confederate States shall be adopted and ratified by the properly and legally constituted authorities of said State; and the Governor of said state shall transmit to the President of the Confederate States, before the reassembling of Congress, after the recess aforesaid, an authentic copy of the proceedings touching said adoption and ratification by said state of said Provisional Constitution; upon the receipt whereof, the President, by proclamation, shall announce the fact; whereupon, and without any further proceeding on the part of Congress, the admission of said State of Tennessee into the Confederacy, under said Constitution for the Provisional Government of the Confederate States, shall be considered as complete; and the laws of this Confederacy shall be thereby extended over said State, as fully and completely as over the other States now composing the same.

APPROVED May 17, 1861.

CHAP. XXVII.--An Act to establish a mail route from Vermillionville, in the State of Louisiana, to Orange, in the State of Texas, and for other purposes.

May 17, 1861.

        Mail route established from Vermillionville to Orange.


        The Congress of the Confederate States of America do enact, That the following mail route be and the same is hereby established, to-wit: From Vermillionville, in the State of Louisiana, to Orange, in the State of Texas.

        Contract for carrying the mail over said route.


        SEC. 2. And be it further enacted, That the Postmaster General be and he is hereby authorized to make the first contract for carrying the mail over said route without the necessity of advertising for bids for said contract as required by existing law; and that this act take effect and be in force from and after its passage.

APPROVED May 17, 1861.

CHAP. XXVIII.--An Act to provide an additional company of sappers and bombardiers for the army.

May 17, 1861.

        Company of sappers and bombardiers added to the milit'ry establishment.


        The Congress of the Confederate States of America do enact, That there be added to the military establishment of the Confederate States one company of sappers and bombardiers, to consist of one captain,


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two first lieutenants, one second lieutenant, ten sergeants or master workmen, ten corporals or overseers, two musicians, thirty-nine privates of the first class, and thirty-nine privates of the second class, who shall be instructed in and perform all the duties of sappers and bombardiers, and shall, moreover, under the orders of the chief engineer, be liable to serve by detachments in overseeing and aiding laborers upon fortifications or other works under the engineer department, and in supervising finished fortifications, as fort-keepers, preventing injury and making repairs.

        Vehicles, arms, pontons, &c., for the service of said company.


        SEC. 2. That it shall be the duty of the colonel of the engineer corps, subject to the approval of the Secretary of War, to prescribe the number, quantity, form, dimensions, etc., of the necessary vehicles, arms, pontons, tools, implements, and other supplies for the service of said company as a body of sappers and bombardiers.

        Monthly pay of officers and privates.


        Allowances to the commissioned officers and forage.


        Rations and allowances for the enlisted men.


        SEC. 3. That the monthly pay of the captain of said company shall be one hundred and forty dollars; of each first lieutenant, one hundred dollars; of the second lieutenant, ninety dollars; of the sergeants, thirty-four dollars; of the corporals, twenty dollars; of the musicians, thirteen dollars; of the first class privates, seventeen dollars; and of the second class privates, thirteen dollars. And the said commissioned officers shall be entitled to the same allowances as all other commissioned officers of the army, and the same right to draw forage for horses as is accorded to officers of like rank in the engineer corps; and the enlisted men shall receive the same rations and allowances as are granted to all other enlisted men in the army.

APPROVED May 17, 1861.

CHAP. XXIX.--An Act to authorize the extension of the mail service of the Confederate States in certain cases and upon certain conditions.

May 20, 1861.

        Extension of mail service over the States and territories.


        The Congress of the Confederate States of America do enact, That the Postmaster General be and he is hereby authorized, to extend the mail service of the Confederate States over all such states and territories as shall, by their legislative or executive authority, request the same to be done, between this and the meeting of the next session of the Congress; and that this act take effect and be in force from and after its passage.

APPROVED May 20, 1861.

CHAP. XXX.--An Act to admit the State of Arkansas into the Confederacy.

May 21, 1861.

        Admission of the State of Arkansas


        The people of the State of Arkansas, in sovereign convention, having passed an ordinance dissolving their political connection with the United States, and another ordinance adopting and ratifying the Constitution for the Provisional Government of the Confederate States of America: Therefore--

        The Congress of the Confederate States of America do enact, That the State of Arkansas be and is hereby admitted into this Confederacy, upon an equal footing with the other States, under the Constitution for the Provisional Government of the same.

APPROVED May 20, 1861.


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CHAP. XXXI.--An Act amendatory of an act to provide for the organization of the navy.

May 20, 1861.

        Corps of marines.


        The Congress of the Confederate States of America do enact, That from and after the passage of this act, the corps of marines shall consist of one colonel, one lieutenant colonel, one major, one quartermaster with the rank of major, one paymaster with the rank of major, one adjutant, with the rank of major, one sergeant major, one quartermaster sergeant, ten captains, ten first lieutenants, twenty second lieutenants, forty sergeants, forty corporals, and eight hundred and forty privates, ten drummers, and ten fifers and two musicians.

        Pay and emoluments of the officers and enlisted men.


        Rations of enlisted marines.


        SEC. 2. The pay and emoluments of the officers and enlisted men shall be the same as that of the officers and enlisted men of like grade in the infantry of the army, except that the paymaster and the adjutant shall receive the same pay as the quartermaster, and the adjutant shall be taken from the captains and subalterns of the corps, and separated from the line. The rations of enlisted marines shall be the rations allowed by law to seamen. All acts inconsistent with the provisions of this act are hereby repealed.

APPROVED May 20, 1861.

CHAP. XXXII.--An Act to amend an act to provide for the organization of the navy, approved March sixteenth, eighteen hundred and sixty one.

May 20, 1861.

        Appointment of officers of the navy of the U. S. to the same rank and position in the navy of the C. S.


        Proviso.


        The Congress of the Confederate States of America do enact, That the President be and he is hereby authorized to nominate, and by and with the advice and consent of Congress to appoint, all officers of the navy of the United States, who have resigned or may hereafter resign their commissions on account of the secession of any or all of the Confederate States, and who may be fit for active service, to the same rank and position in the navy of the Confederate States which they held in that of the United States: Provided, however, That no officer shall be so appointed who may at any time have committed any act of hostility against the Confederate States or any one thereof.

        Assignment of officers of the navy to duty.


        SEC. 2. That the President be authorized to assign officers of the navy to any duty connected with the defence of the country, and suitable to their rank, which he may deem proper.

        Assistant paymasters of the navy; their salaries.


        Paymasters to be taken from the grade of assistant paymasters.


        SEC. 3. That the President be authorized to appoint six assistant paymasters of the navy, each to receive a salary of one thousand dollars when employed at sea, and seven hundred dollars when not thus employed; and all paymasters of the navy shall be taken from the grade of assistant paymasters.

APPROVED May 20, 1861.

CHAP. XXXIII.--An Act to establish a separate Port of Entry at Sabine Pass, in the County of Jefferson, in the State of Texas, and to provide for the appointment of a Collector therein.

May 21, 1861.

        Collection District of Sabine Pass established in the State of Texas.


        Sabine Pass the port of entry for said district.


        The Congress of the Confederate States of America do enact, That all that part of the collection district for the District of Texas included in the county of Jefferson in the State of Texas, embracing all the waters, islands, bays, harbors, inlets, shores and rivers in the same, shall be a collection district, to be called the District of Sabine Pass, and Sabine Pass shall be the port of entry for said district.

        Appointment of collector for said district. Where to reside; term of office, and salary.


        Excess of fees over his salary to be paid into the Treasury.


        SEC. 2. A collector for the said district of Sabine Pass shall be appointed by the President, with the advice and consent of Congress,


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who shall reside at Sabine Pass, and hold his office for the terms and the time prescribed by law for the like office in other districts, and who shall be entitled to a salary not exceeding seventeen hundred and fifty dollars per annum, including in that sum the fees allowed by law; and the amount he shall collect in any one year for fees, exceeding the said sum of seventeen hundred and fifty dollars, shall be accounted for and paid into the treasury of the Confederate States of America.

        Laws contravening this act repealed.


        SEC. 3. That all laws and parts of laws now in force, contravening the provisions of this act, be and the same are hereby repealed, and that this act take effect from and after its passage.

APPROVED May 21, 1861.

CHAP. XXXIV.--An Act to put in operation the Government under the Permanent Constitution of the Confederate States of America.

May 21, 1861.

        Election of members of the House of Representatives in the Congress of the C. S. under the Permanent Constitution.


        Election of President and Vice President.


        The Congress of the Confederate States of America do enact, That an election shall be held in the several states of this Confederacy, on the first Wednesday in November, eighteen hundred and sixty-one, for members of the House of Representatives in the Congress of the Confederate States under the permanent Constitution, which election shall be conducted in all respects according to said Constitution and the laws of the several states in force for that purpose; and in states which may not have provided by law for such election, according to the laws heretofore existing in such states for the election of members of the House of Representatives in the Congress of the United States. And on the same day the several States shall elect or appoint Electors for President and Vice President of the Confederate States of America, according to said Constitution, and in the manner prescribed by the laws of the several States made for that purpose; and in states where no such laws may exist, according to the laws heretofore in force in such states for the election or appointment of Electors for President and Vice President of the United States.

        When electors to meet and cast their votes; to make out lists, certify and forward the same.


        SEC. 2. The Electors for President and Vice President shall meet in their respective states on the first Wednesday in December, eighteen hundred and sixty-one, and proceed to vote for President and Vice President, and make out lists, certify the same, and forward the same to the President of the Senate; all as directed by the said Constitution in that behalf.

        When members of the Senate and House of Representatives to assemble at the seat of government.


        Election of a Speaker of the House, and President of the Senate, pro tempore.


        Opening of certificates and counting of votes.


        SEC. 3. The members of the House of Representatives so elected, and the Senators who may be elected by the several States according to the provision of said Constitution, shall assemble at the seat of government of the Confederate States, on the eighteenth day of February, eighteen hundred and sixty-two; and the said members of the House of Representatives shall proceed to organize by the election of a Speaker, and the Senators by the election of a President of the Senate for the time being; and the President of the Senate shall, on the nineteenth day of February, eighteen hundred and sixty-two, open all the certificates; and the votes for President and Vice President shall then be counted, as directed by said Constitution.

        Inauguration of President.


        SEC. 4. The President of the Confederate States shall be inaugurated on the twenty-second day of February, eighteen hundred and sixty-two.

        Number of representatives to which the States of Virginia, North Carolina, Tennessee and Arkansas shall be respectively entitled.


        Basis of representation.


        SEC. 5. Be it further enacted, That in case the State of Virginia shall adopt and ratify the Constitution for the permanent government of the Confederate States of America before the elections in this act provided for, she shall be entitled to elect sixteen members to the House of


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Representatives; and the State of North Carolina, in like case, ten members; the State of Tennessee, in like case, eleven; and the State of Arkansas, in like case, four members; the same being upon the basis of one member for every ninety thousand representative population, and one additional member for a fraction over one-half of the ratio aforesaid, in each of said States, under the census of the United States taken in eighteen hundred and sixty, and being the same basis of representation fixed for the seven original States in said Constitution for permanent government.

        Rules as to number of Presidential Electors in said States.


        SEC. 6. Be it further enacted, That the same rules and principles shall be observed as to the number of Presidential Electors in the States aforesaid as in the other seven original States.

APPROVED May 21, 1861.

CHAP. XXXV.--An Act making appropriations in addition to those already made for the military service of the Confederate States of America, for the fiscal year ending the eighteenth day of February, one thousand eight hundred and sixty-two.

May 21, 1861.

        Appropriations.


        For pay of officers and privates of one hundred regiments of infantry, and for quartermaster's supplies, &c.


        The Congress of the Confederate States of America do enact, That there be appropriated for the pay of the officers and privates of one hundred regiments of infantry, and for quartermaster's supplies of all kinds for the same, and transportation, including horses, wagons, harness, ambulances, and other necessary expenses, for the fiscal year ending the eighteenth of February, one thousand eight hundred and sixty-two, twenty-seven millions nine hundred and thirty-two thousand, four hundred and ninety-three dollars and twelve cents.

        For the pay, &c., of one regiment of legionary formation.


        SEC. 2. That there be appropriated for the pay, quartermaster's supplies of all kinds, transportation and other necessary expenses for one regiment of legionary formation, composed of one company of artillery, four companies of cavalry, and six companies of voltigeurs, five hundred and fifty thousand four hundred and eighty-five dollars.

        For the purchase of of subsistence and commissary property.


        SEC. 3. That there be appropriated for the purchase of subsistence stores and commissary property for one hundred thousand troops, for the fiscal year ending the eighteenth of February, one thousand eight hundred and sixty-two, five millions four hundred and sixty-four thousand, two hundred and fifty-eight dollars and eighty cents.

        For the ordnance service, preservation of public buildings at the arsenals, armories and depots, and of ordnance stores, &c.


        SEC. 4. That there be appropriated for the ordnance service, for the fiscal year ending the eighteenth of February, one thousand eight hundred and sixty-two--for the preservation of public buildings, quarters, barracks, etc., at the arsenals, armories, and depots; for the repairs and preservation of ordnance stores; for the pay of clerks, draughtsmen, colorers, superintendents, overseers, etc.; for the purchase of horses, mules, forage, stationery, and contingencies of ordnance service; for the purchase of heavy ordnance and carriages, with shot and shell for the same; for sixteen field batteries of six pieces each, with harness, implements and ammunition; for fifty thousand stands of small arms; for five thousand pistols and holsters; for sabres, swords, carbines and pistols; for five thousand sets of cavalry equipments; for five thousand sets of cavalry accoutrements, for one hundred thousand sets infantry accoutrements, knapsacks, haversacks and canteens; for two and one-half million pounds powder; for materials for the same; for lead, copper, and materials for percussion caps and for friction tubes; for additional shops and storehouses at Mount Vernon Arsenal, Alabama, and Augusta Arsenal, Georgia; for machinery, steam engine and tools; for cap machine; for bullet machine; for repairs of buildings and machines at Harper's Ferry--four millions four hundred and forty thousand dollars.


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        For medical and hospital supplies.


        SEC. 5. That there be appropriated for medical and hospital supplies, for the year ending eighteenth of February, one thousand eight hundred and sixty-two, the sum of three hundred and fifty thousand dollars.

        For the contingent service of the War Department.


        SEC. 6. That there be appropriated for the contingent service of the War Department, for the year ending the eighteenth of February, one thousand eight hundred and sixty-two, the sum of three hundred thousand dollars.

        For contingent expenses of the Adjutant and Inspector General's Department.


        SEC. 7. That there be appropriated for contingent expenses of the Adjutant and Inspectors General's Department, including office furniture, stationery, printed blanks for the use of the army, record books, postage, telegraphic despatches, etc., for the year ending the eighteenth February, one thousand eight hundred and sixty-two, the sum of eight thousand dollars.

        For the pay of surgeons, assistant surgeons and chaplains.


        SEC. 8. That there be appropriated for the pay of surgeons, assistant surgeons, and chaplains, for the year ending the eighteenth day of February, one thousand eight hundred and sixty-two, the sum of three hundred and twenty-nine thousand nine hundred and one dollars.

APPROVED May 21, 1861.

CHAP. XXXVI.--An Act to amend an act relative to telegraphic lines of the Confederate States, approved May, one thousand eight hundred and sixty-one.

May 21, 1861.

        Compensation to agents of telegraph companies charged by the President with special duties.


        The Congress of the Confederate States of America do enact, That the sixth section of the "act relative to telegraph-lines of the Confederate States," be and the same is hereby so amended as to authorize the President to allow such compensation as may be reasonable and proper, in addition to what may be allowed by the telegraph companies, to such of the agents of said companies as he may charge with special and important duties, where such agents are deemed trustworthy and acceptable both to him and the companies concerned.

APPROVED May 21, 1861.

CHAP. XXXVII.--An Act making appropriations for the Legislative and Executive expenses of government for the year ending eighteenth of February, eighteen hundred and sixty-two.

May 21, 1861.

        Appropriations for the year ending February 18, 1862.


        The Congress of the Confederate States of America do enact, That the following sums be and the same are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the objects hereafter expressed, for the year ending the eighteenth of February, eighteen hundred and sixty-two:

        Legislative.


        Legislative--For compensation and mileage of members of Congress, twenty-five thousand dollars. For compensation of officers of Congress, six thousand dollars. For contingent expenses of Congress, including printing, five thousand dollars.

        Department of State.


        Department of State--For compensation of two additional clerks, two thousand dollars. For the publication and printing of acts and resolutions of Congress, twenty-two thousand five hundred dollars. For necessities and exigencies under laws already passed, or which may be passed, or from causes which now exist or may hereafter arise, and unforeseen emergencies, forty thousand dollars--to replace same amount in State Department.

        Treasury Department.


        Treasury Department--For this amount to pay interest on loan of February twenty-eight, eighteen hundred and sixty-one, five hundred


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thousand dollars. For additional expenses under the act "to raise money for the support of the government, and to provide for the defence of the Confederate States of America," approved February twenty-eight, eighteen hundred and sixty-one, thirty thousand dollars. For incidental and contingent expenses of the Treasury Department, twenty thousand dollars.

        Miscellaneous.


        Miscellaneous--For compensation of two watchmen to guard the executive buildings, at four hundred dollars each, and for lighting the same, sixteen hundred dollars. For rent of executive building corner of Bibb and Commerce street, three thousand dollars. For rent of executive building on Bibb street, between Coosa and Commerce street, two thousand dollars. For rent of building of Noble & Brother and others, three thousand dollars. For furniture for executive mansion, nine hundred and eighty-seven dollars and fifty-eight cents. For furniture of executive offices and halls, six hundred and twenty-seven dollars and twenty-one cents. For work done on executive buildings by order of committee of Congress, six hundred and thirty-five dollars and fifty-two cents.

APPROVED May 21, 1861.

CHAP. XXXVIII.--An Act to provide for certain deficiencies in the appropriations for the Post-office Department for the year ending February eighteenth, eighteen hundred and sixty-one.

May 21, 1861.

        Appropriations for the service of the post-office department for the year ending February 18, 1851.


        Chiefs of Bureau.


        Disbursing clerk.


        Watchmen.


        Principal clerks.


        Other clerks.


        To supply deficiencies.


        Telegraph lines and agents.


        Proviso.


        The Congress of the Confederate States of America do enact, That the following sums shall be and are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the service of the post-office department, for the year ending February eighteenth, eighteen hundred and sixty-two: For increased compensation of the chiefs of the contract, appointment and finance bureaus, one thousand one hundred and six dollars and one cent. For compensation of disbursing clerk, one hundred and forty-seven dollars and forty-seven cents. For compensation of watchmen, three hundred and sixty-eight dollars and sixty-seven cents. For compensation of four principal clerks, at fourteen hundred dollars each, four thousand and thirty-six dollars and eighty cents. For compensation of ten clerks, at twelve hundred dollars each, eight thousand seven hundred and forty-nine dollars and twenty cents. For compensation of four clerks at one thousand dollars, two thousand nine hundred and sixteen dollars and forty cents. To supply deficiency in the appropriation for the compensation of the postmaster general, clerks and messengers in his office, made by the act approved ninth day of March, eighteen hundred and sixty-one, and entitled "an act further to provide for the organization of the Post-office Department," ten thousand dollars. For the compensation of agents, and for cost of materials, and constructing, repairing, and operating telegraph lines, and for other expenses which may be incurred under said act, thirty thousand dollars: Provided, That the Postmaster General is hereby authorized, with the approval of the President, to employ officers of the telegraph companies as agents to perform the services specified in the act entitled "an act relative to telegraph lines of the Confederate States," approved eleventh day of May, eighteen hundred and sixty-one. But the compensation allowed to such agents shall in no case exceed that provided for other agents by said act, and shall be fixed by the Postmaster General, with the approbation of the President.

APPROVED May 21, 1861.


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CHAP. XXXIX.--An Act concerning the transportation of soldiers, and allowance for clothing of volunteers, and amendatory of the act for the establishment and organization of the army of the Confederate States.

May 21, 1861.

        When discharged soldiers entitled to mileage.


        Proviso.


        The Congress of the Confederate States of America do enact, When transportation cannot be furnished in kind, the discharged soldier shall be entitled to receive ten cents per mile in lieu of all traveling pay, subsistence, forage, and undrawn clothing, from the place of discharge to the place of his enlistment or enrollment, estimating the distance by the shortest mail route, and if there is no mail route, by the shortest practicable route. The foregoing to apply to all officers, non-commissioned officers, musicians, artificers, farriers, blacksmiths and privates of volunteers, when disbanded, discharged, or mustered out of service of the Confederate States; and it shall also apply to all volunteer troops, as above designated, when travelling from the place of enrollment to the place of general rendezvous or point where mustered into service: Provided, That nothing herein contained shall be so construed as to deprive the mounted volunteers of the allowance of forty cents a day for the use and risk of his horse, which allowance is made from the date of his enrollment to the date of his discharge, and also for every twenty miles travel from the place of his discharge to the place of his enrollment.

        Act of March 6, 1861, ch. 26, sec. 4, amended.


        Allowance of money to volunteers in lieu of clothing for six months.


        Proviso.


        SEC. 2. That the fourth section of the act of March sixth, eighteen hundred and sixty-one. "to provide for the public defence," be amended as follows, viz.: there shall be allowed to each volunteer, to be paid to him on the first muster and pay rolls after being received and mustered into the service of the Confederate States, the sum of twenty-one dollars, in lieu of clothing for six months; and thereafter the same allowance in money at every subsequent period of service for six months in lieu of clothing: Provided, That the price of all clothing in kind received by said volunteers from the Confederate States government shall be deducted first from the money thus allowed; and if that sum be not sufficient, the balance shall be charged for stoppage on the muster and pay rolls; and that all accounts arising from contracts, agreements, or arrangements for furnishing clothing to volunteers, to be duly certified by the company commander, shall be paid out of the said semi-annual allowance of money.

        Act of March 6, 1861, ch. 29, § 21, amended so as to allow to aids-decamp and adjutants forage for horses.


        SEC. 3. That the twenty-first section of the act for the organization of the army of the Confederate States be so amended as to allow to aids-decamp and to adjutants, forage for the same number of horses as allowed to officers of the same grade in the mounted service.

APPROVED May 21, 1861.

CHAP. XL.--An Act to be entitled an act to amend "An act to raise an additional military force to serve during the war."

May 21, 1861.

        Act of May 8, 1861, ch. 5, § 2, amended.


        When subaltern of the line may be assigned to the duties of adjutant.


        The Congress of the Confederate States of America do enact, That so much of the second section of the act entitled an act to raise an additional military force to serve during the war, passed May eighth, eighteen hundred and sixty-one, be so amended as to authorize the President, on the application of any commanding officer of a regiment or battalion authorized by said act, to assign a subaltern of the line of the army to the duties of adjutant of said regiment or battalion.

APPROVED May 21, 1861.


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CHAP. XLI.--An Act to authorize the President to confer temporary rank and command, for service with volunteer troops, on officers of the Confederate army.

May 21, 1861.

        Conferring of temporary rank and command on officers of the Confederate army, for service with volunteer troops.


        The Congress of the Confederate States of America do enact, That the President shall be authorized to confer temporary rank and command, for service with volunteers troops, on officers of the Confederate army; the same to be held without prejudice to their positions in said army, and to have effect only to the extent and according to the assignment made in general order.

APPROVED May 21, 1861.

CHAP. XLII.--An Act to provide for the incidental expenses of the public service within the Indian Tribes.

May 21, 1861.

        Appropriation to meet the incidental expenses of the public service within the Indian tribes for the year ending February 18, 1862.


        The Congress of the Confederate States of America do enact, That the sum of one hundred thousand dollars be and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to meet the incidental expenses of the public service within the Indian tribes, for the year ending February the eighteenth, eighteen hundred and sixty-two. But a particular and specific account of the expenditures under this act shall be made and reported to Congress at its next session after the expiration of the period herein named.

APPROVED May 21, 1861.

CHAP. XLIII.--An Act to divide the State of Texas into two Judicial Districts, and provide for the appointment of Judges and officers in the same.

May 11, 1861.

        The State of Texas divided into two judicial districts.


        The Congress of the Confederate States of America do enact, That the State of Texas be and the same is hereby divided into two judicial districts, in the following manner, to-wit: all the territory of the State of Texas within and west of the following named counties shall compose one district, to be called the Western District, to-wit: Matagorda, Wharton, Colorado, Fayette, Washington, Burleson, Milan, Falls, McLellan, Hill, Johnson, Tarrant, Wise, Montague; and all the territory east of said counties shall constitute the Eastern District of Texas.

        Judge and marshal for western district.


        Terms of court.


        SEC. 2. There shall be appointed a judge and marshal for said Western District. The said judge shall hold two terms each year of said court, at the city of Austin, and at Brownsville, in the county of Cameron, at the times prescribed by the laws of the United States for the holding of the district courts of the United States, at said places.

        Laws of the U. S. relative to district courts of Texas continued in force.


        SEC. 3. All the laws of the United States relative to the district courts of Texas, and the powers and jurisdiction of the same, so far as they are consistent with the constitution and the laws of the Confederate States, are hereby re-enacted and continued in full force.

APPROVED May 21, 1861.

CHAP. XLIV.--An Act to provide revenue from commodities imported from from foreign countries.

May 21, 1861.

        Duties imposed on goods, &c., from and after the 31st of August, 1861.


        The Congress of the Confederate States of America do enact, That from and after the thirty-first day of August next, a duty shall be imposed on all goods, products, wares and merchandize imported from abroad into the Confederate States of America, as follows:


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        Classification.


        On all articles enumerated in Schedule A, an ad valorem duty of twenty-five per centum. On all articles enumerated in schedule B, an ad valorem duty of twenty per centum. On all articles enumerated in schedule C, an ad valorem duty of fifteen per centum. On all articles enumerated in schedule D, an ad valorem duty of ten per centum. On all articles enumerated in schedule E, an ad valorem duty of five per centum. And that all articles enumerated in schedule F, a specific duty as therein named. And that all articles enumerated in schedule G, shall be exempt from duty, to-wit:

SCHEDULE A, (twenty-five per centum ad valorem.)

        Schedule A, 25 per cent.


        Alabaster and spar ornaments; anchovies, sardines and all other fish preserved in oil.

        Brandy and other spirits distilled from grain or other materials, not otherwise provided for; billiard and bagatelle tables, and all other tables or boards on which games are played.

        Composition tops for tables, or other articles of furniture; confectionary, comfits, sweetmeats, or fruits preserved in sugar, molasses, brandy or other liquors; cordials, absynthe, arrack, curacoa, kirschenwesser, liquers, maraschino, ratafia, and other spirituous beverages of a similar character.

        Glass, cut.

        Manufacturers of cedar-wood, granadilla, ebony, mahogany, rosewood and satin-wood.

        Scagliola tops, for tables or other articles of furniture; segars, snuff, paper segars, and all other manufactures of tobacco.

        Wines--Burgundy, champagne, clarets, madeira, port, sherry, and all other wines or imitations of wines.

SCHEDULE B, (twenty per centum ad valorem.)

        Schedule B, 20 per cent.


        Almonds, raisins, currants, dates, figs, and all other dried or preserved fruits, not otherwise provided for; argentine, alabata, or German silver, manufactured or unmanufactured; articles embroidered with gold, silver or other metal, not otherwise provided for.

        Balsams, cosmetics, essences, extracts, pastes, perfumes and tinctures, used for the toilet or for medicinal purposes; bay rum, beads of amber, composition or was, and all other beads; benzoates; bracelets, braids, chains, curls or ringlets composed of hair, or of which hair is a component part, not otherwise provided for; brooms and brushes of all kinds.

        Camphor, refined; canes and sticks, for walking, finished or unfinished; capers, pickles, and sauces of all kinds, not otherwises provided for; card cases, pocket-books, shell boxes, souvenirs, and all similar articles, of whatever material composed, not otherwise provided for; compositions of glass, set or unset; coral, cut or manufactured.

        Feathers and flowers, artificial or ornamental, and parts thereof, of whatever material composed; fans and fire screens of every description, of whatever material composed.

        Grapes, plums, and prunes, and other snch fruit, when put up in bottles, cases, or cans, not otherwise provided for.

        Hair, human, cleansed or prepared for use.

        Manufactures of gold, platina or silver, not otherwise provided for; manufactures of papier mache; molasses.

        Paintings on glass; pepper, pimento, cloves, nutmegs, cinnamon, and all other spices; perfumes ard perfumery, of all sorts, not otherwise provided for; plated and gilt were of all kinds, not otherwise provided for;


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playing cards; prepared vegetables, fruits, meats, poultry and game, sealed or enclosed in cans or otherwise.

        Silver plated metals, in sheets or other form; soap, castile, perfumed, Windsor, and other toilet soaps; sugar of all kinds; syrup of sugar.

        Epaulettes, galloons, laces, knots, stars, tassels, tresses, and wings of gold or silver, or imitations thereof.

SCHEDULE C, (fifteen per centum ad valorem.)

        Schedule C, 20 per cent.


        Alum; arrow-root; articles of clothing or apparel, including hats, caps, gloves, shoes and boots of all kinds, worn by men, women or children, of whatever material composed, not otherwise provided for.

        Baizes, blankets, bockings, flannels and floor-cloths, of whatever material composed, not otherwise provided for; baskets, and all other articles composed of grass, osier, palm-leaf, straw, whalebone or willow, not otherwise provided for; beer, ale and porter, in casks or bottles; beeswax; berries and vegetables of all sorts used for food, not otherwise provided for; blue or roman vitriol, or sulphate of copper; bologna sausages; braces, suspenders, webbing, or other fabrics composed wholly or in part of Indian rubber, not otherwise provided for; breecia; burgundy pitch; buttons and button moulds of all kinds.

        Cables and cordage, of whatever material made; cadmium; calamine; calomel and all other mercurial preparations; carbonate of soda; castor beans; castor oil; candles and tapers of spermaceti, stearine, parafine, tallow or wax, and all other candles; caps, hats, muffs and tippets, and all other manufactures of fur, or of which fur shall be a component part; caps, gloves, leggins, mits, socks, stockings, wove shirts and drawers, and all similar articles worn by men, women and children, and not otherwise provided for; carpets, carpeting, hearth-rugs, bed-sides, and other portions of carpeting, being either Aubusson, Brussels, ingrain, Saxony, Turkey, Venetian, Wilton, or any other similar fabric, not otherwise provided for; carriages and parts of carriages; castorum; chains, of all sorts; cider and other beverages not containing alcohol, and not otherwise provided for; chocolate; chromate of lead; chromate, bi-chromate, hydriodate, and prussiate of potash; clocks and parts of clocks; coach and harness furniture of all kinds; cobalt; combs of all kinds; copper bottoms; copper rods, bolts, nails and spikes; copper in sheets or plates, called brazier's copper, and other sheets of copper, not otherwise provided for; copperas, or green vitriol, or sulphate of iron; corks; cotton cords, gimps, and gallons; cotton laces, cotton insertings, cotton trimming, laces, cotton laces and braids; court plaster; coral, unmanufactured; crayons of all kinds; cubebs; cutlery of all kinds.

        Delaines; dolls and toys of all kinds; dried pulp; drugs, medicinal.

        Earthen, china, and stone ware, and all other wares composed of earthy and mineral substances not otherwise provided for; encaustic tiles; ether.

        Felspar; fig-blue; fire-crackers, sky-rockets, Roman candles, and all similar articles used in pyrotechnics; fish, whether fresh, smoked, salted, dried or pickled, not otherwise provided for; fruits, preserved in their own juice, or pie fruits; fish glue, or isinglass; fish skins; flats, braids, plaits, sparterre and willow squares, used for making hats or bonnets; floss silks, feather beds, feathers for beds, and downs of all kinds; frames and sticks for umbrellas, parasols, and sunshades, finished or unfinished; Frankford black; fulminates, or fulminating powders; furniture, cabinet and household, not otherwise provided for; furs, dressed on the skin.

        Ginger, dried, green, ripe, ground, preserved or pickled; glass, colored, stained or painted; glass, window; glass crystals for watches;


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glasses or pebbles for spectacles; glass tumblers, plain, moulded and pressed, bottles, flasks, and all other vessels of glass not cut, and all glass not otherwise provided for; glue; grass cloth; green turtle; gum benzoin or benjamin; guns, except muskets and rifles, fire-arms, and all parts thereof not intended for military purposes; gunny cloth and India baggings, and India mattings of all sorts, not otherwise provided for.

        Hair curled, moss, seaweed, and all other vegetable substances used for beds or mattresses; hair pencils; hat bodies of cotton or wool; hats and bonnets, for men, women and children, composed of straw, satinstraw, chip, grass, palm-leaf, willow, or any other vegetable substance, or of hair, whalebone, or other materials, not otherwise provided for; hatter's plush, of whatever material composed; honey.

        Ink and ink powder; ipecacuanha; iridium; iris or orris root; iron castings; iron liquor; iron in bars, bolts, rods, slabs, and railroad rails, spikes, fishing plates and chairs used in constructing railroads; ivory black.

        Jalap; japanned ware of all kinds not otherwise provided for; jet, and manufactures of jet, or imitations thereof; jewelry, or imitations thereof; juniper berries.

        Laces of cotton, of thread, or other materials not otherwise provided for; lampblack; lastings cut in strips or patterns of the size or shape for shoes, boots, bootees, slippers, gaiters or buttons, of whatever material composed; lead pencils; leaden pipes; leather, japanned; leeches; linens of all kines; liquorice, paste, juice or root; litharge.

        Maccaroni, vermicelli, gelatine, jellies and all other similar preparations not otherwise provided for; machinery of every description not otherwise provided for; malt; magnesia; manganese; manna; manufactures of the bark of the cork tree; manufactures of silk; manufactures of wool of all kinds, or worsted, not otherwise provided for; manufactures of hair of all kinds not otherwise provided for; manufactures of cotton of all kinds not otherwise provided for; manufactures of flax of all kinds not otherwise provided for; manufactures of hemp of all kinds not otherwise provided for; manufactures of bone, shell, horn, pearl, ivory, or vegetable ivory, not otherwise provided for; manufactures, articles, vessels and wares not otherwise provided for, of brass, copper, iron, steel, lead, pewter, tin, or of which either of these metals shall be a component part; manufactures, articles, vessels and wares of glass, or of which glass shall be a component material, not otherwise provided for; manufactures and articles of leather, or of which leather shall be a component part, not otherwise provided for; manufactures and articles of marble; marble paving tiles, and all other marble more advanced in manufacture than in slabs or blocks in the rough not otherwise provided for; manufactures of paper, or of which paper is a component material, not otherwise provided for; manufactures of wood, or of which wood is a component part, not otherwise provided for; matting, china or other floor matting, and mats made of flags, jute, or grass; medicinal preparations, drugs, roots and leaves in a crude state, not otherwise provided for; morphine; metallic pens; mineral waters; musical instruments of all kinds, and strings for musical instruments, of whip-gut, cat-gut, and all other strings of the same material; mustard in bulk or in bottles; mustard seed.

        Needles of all kinds, for sewing, darning and knitting; nitrate of lead.

        Ochres and ochrey earths; oil cloths of every decription, of whatever material composed; oils of every description, animal, vegetable and mineral, not otherwise provided for; olives, opium; orange and lemon peel; osier or willow, prepared for basket makers' use.

        Paints, dry or ground in oil, not otherwise provided for; paper, antiquarian, demy, drawing, elephant, foolscap, imperial, letter, and for printing


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newspapers, hand-bills and other printing, and all other paper, not otherwise provided for; paper boxes, and all other fancy boxes; paper envelopes; paper hangings, paper for walls, and paper for screens or fire-boards; parchment; parasols and sun shades, and umbrellas; patent mordant; paving and roofing tiles, and bricks, and roofing slates, and fire bricks; periodicals and other works, in course of printing and republication in the Confederate States; pitch; plaster of paris, calcined; plumbago; potassium; putty.

        Quicksilver; quills; quasia, manufactured or unmanufactured.

        Red chalk pencils; rhubarb; roman cement.

        Saddlery of all kinds, not otherwise provided for; saffron and saffron cake; sago; salts, epsom, glauber, and rochelle, and all other salts and preparations of salts not otherwise provided for; sarsaparilla; screws of all kinds; sealing wax; seines; seppia; sewing silk, in the gum and purirified; shaddocks; skins of all kinds, tanned, dressed or japanned; slate pencils; smaltz; soap of every description not otherwise provided for; spirits of turpentine; spunk; squills; starch; stereotype plats; still bottoms; sulphate of barytes, crude or refined; sulphate of quinine, and quinine in all its various preparations.

        Tapioca; tar; textile fabrics of every description, not otherwise provided for; twine and pack thread, of whatever material composed; thread lacings and insertings; types, old or new, and type metals.

        Umbrellas; vandyke brown; vanilla beans; varnish of all kinds; vellum; venetian red; velvet in the piece, composed wholly of cotton, or of cotton and silk, but of whlch cotton is the component material of chief value; verdigris; vermillion; vinegar.

        Wafers; water colors; whalebone; white and red lead; white vitriol, or sulphate of zinc; whiting, or Paris white; window glass, broad, crown or cylinder; woolen and worsted yarns, and woolen listings; shot of lead, not otherwise provided for; wheelbarrows and handbarrows; wagons and vehicles of every description.

SCHEDULE D, (ten per centum ad valorem.)

        Schedule D, ten per cent.


        Acids of every description not otherwise provided for; alcornoque; aloes; ambergris; amber; ammonia and sal ammonia; anatto, roucon or orleans; angora Thibet, and other goats' hair, or mohair, unmanufactured, not otherwise provided for; annis seed; antimony, crude or regulus of; argol, or crude tartar; arsenic; ashes, pot, pearl and soda; asphaltum; assafoetida.

        Bananas, cocoa nuts, pine apples, plantains, oranges, and all other West India fruits in their natural state; barilla; bark of all kinds, not otherwise provided for; bark, Peruvian; bark, guilla; bismouth; bitter apples; bleaching powder of chloride of lime; bones, burnt; boards, planks, staves, shingles, laths, scantling, and all other sawed lumber; also spars and hewn timber of all sorts, not otherwise provided for; bone black, or animal carbon, and bone dust; bolting cloths; books, printed, magazines, pamphlets, periodicals, and illustrated newspapers, bound, or unbound, not otherwise provided for; books, blank, bound or unbound; borate of lime; borax, crude or tincal; borax refined; buchu leaves; box wood, unmanufactured; Brazil paste; Brazil wood, braziletto, and all dye-woods in sticks; bristles; bronze and Dutch metal in leaf, bronze liquor and bronze powder; building stones; butter; burr stones, wrought or unwrought.

        Cabinets of coins, medals, gems, and all collections of antiquities; camphor, crude; cantharides; cassia and cassia buds; chalk; cheese; chickory root; chronometers, box or ship, and parts thereof; clay, burnt


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or unburnt bricks, paving and roofing tiles, gas retorts, and roofing slates; coal, coke, and culm of coal; cochineal; cocoa nuts, cocoa and cocoa shells; coculus indicus; coir yarn; codilla, or tow of hemp or flax; cowhage down; cream of tartar; cudbear.

        Diamonds, cameos, mosaics, gems, pearls, rubies, and other precious stones, and imitations thereof, when set in gold or silver, or other metal; diamond glaziers, set or not set; dragon's blood.

        Engravings, bound or unbound; extract of indigo; extracts and decoctions of log-wood and other dye-wood, not otherwise provided for; extract of madder; ergot.

        Flax, unmanufactured; flaxseed and linseed; flints and flint ground; flocks, waste or shoddy; French chalk; furs, hatters', dressed or undressed, not on the skin; furs, undressed, when on the skin.

        Glass, when old and fit only to be re-manufactured; gamboge; gold and silver leaf; gold-beaters' skin; grindstones; gum--Arabic, Barbary, copal, East Indies, Senegal, substitute, tragacanth, and all other gums and resins, in a crude state, not otherwise provided for.

        Hair, of all kinds, uncleansed and unmanufactured; hemp, unmanufactured; hemp seed and rape seed; hops, horns, horn-tips, bone, bonetips, and teeth, unmanufactured.

        Ivory, unmanufactured, ivory nuts, or vegetable ivory.

        Jute, sisal grass, coir, and other vegetable substances, unmanufactured, not otherwise provided for.

        Kelp; kermes.

        Lac spirits, lac sulphur, and lac dye; leather, tanned, band, sole, and upper of all kinds not otherwise provided for; lemons and limes, and lemon and lime juice, and juices of all other fruits without sugar; lime.

        Madder, ground or prepared; madder root; marble in the rough slab or block, unmanufactured; metals, unmanufactured, not otherwise provided for; mineral kermes; mineral and bituminous substances, in a crude state, not otherwise provided for; moss, iceland; music, printed with lines, bound or unbound.

        Natron; nickel; nuts, not otherwise provided for: nut galls; nux vomica.

        Oakum; oranges, lemons, and limes, orpiment.

        Palm leaf, unmanufactured; pearl, mother of; pine apples; plantains; platina, unmanufactured; polishing stones; potatoes; prussian blue; pumice and pumice stone.

        Rattans and reeds, unmanufactured; red chalk; rotten stone.

        Safflower; sal soda, and all carbonates and sulphates of soda, by whatever names designated, not otherwise provided for; seedlac; shellac; silk, raw, not more advanced in manufacture than singles, tram and thrown, or organzine; sponges; steel, in bars, sheets and plates, not further advanced in manufacture than by rolling; and cast steel in bars; sumac; sulphur, flour of.

        Tallow, marrow, and all other grease or soap stock and soap stuffs, not otherwise provided for.

        Tea; terne tin, in plates or sheets; teazle, terra japonica, catechu; tin, in plates or sheets, and tin foil; tortoise, and other shells, unmanufactured; trees, shrubs, bulbs, plants and roots, not otherwise provided for; turmeric.

        Watches and parts of watches; woad or pastell; woods, viz.: cedar, box, ebony, lignum vitæ, granadilla, mahogany, rose-wood, satin-wood, and all other woods, unmanufactured.

        Iron ore, and iron in bloom, loops and pigs.

        Maps and charts.

        Paintings and statuary not otherwise provided for.


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        Wool, unmanufactured, of every description, and hair of the Alpaca goat and other like animals.

        Specimens of natural history, mineralogy, or botany, not otherwise provided for.

        Yams.

        Leaf and unmanufactured tobacco.

SCHEDULE E, (five per centum ad valorem.)

        Schedule E, 5 per cent.


        Articles used in dyeing and tanning, not otherwise provided for.

        Brass, in bars or pigs, old and fit only to be re-manufactured; bells, old; bell metal.

        Copper, in pigs or bars; copper ore; copper, when old and fit only to be re-manufactured; cutch.

        Diamonds, cameos, mosaics, pearl, gems, rubies, and other precious stones, and imitations thereof, when not set.

        Emery, in lump or pulverized.

        Felt, adhesive, for sheathing vessels; Fuller's earth.

        Gums of all sorts, not otherwise provided for; gutta percha, unmanufactured.

        Indigo; India rubber, in bottle, slabs, or sheets, unmanufactured; India rubber, milk of.

        Junk, old.

        Plaster of Paris, or sulphate of lime, ground or unground; raw hides and skins of all kind undressed.

        Sheathing copper--but no copper to be considered as such, except in sheets forty-eight inches long and fourteen inches wide, and weighing from eleven to thirty-four ounces; sheathing or yellow metal not wholly or part of iron; sheathing or yellow metal; nails expressly for sheathing vessels; sheathing paper; stave bolts and shingle bolts.

        Tin ore, and tin in pigs or bars; type, old and fit only to be re manufactured.

        Wold.

        Zinc, spelter, or tentenegue, unmanufactured.

SCHEDULE F. (Specific Duties.)

        Schedule F. specific duties.


        Ice--one dollar and fifty cents per ton.

        Salt--ground, blown or rock--two cents per bushel, of fifty-six pounds per bushel.

SCHEDULE G. (Exempt from Duty.)

        Schedule G, exempt from duty.


        Books, maps, charts, mathematical and nautical instruments, philosophical apparatus, and all other articles whatever, imported for the use of the Confederate States; books, pamphlets, periodicals and tracts, published by religious associations.

        All philosophical apparatus, instruments, books, maps and charts; statues, statuary, busts and casts, of marble, bronze, alabaster, or plaster of paris; paintings and drawings; etchings; specimens of sculpture; cabinets of coins; medals, gems, and all collections of antiquities: Provided, The same be specially imported in good faith for the use of any society incorporated or established for philosophical and literary purposes, or for the encouragement of the fine arts, or for the use or by the order of any church, college, academy, school or seminary of learning in the Confederate States.

        Bullion, gold and silver.


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        Coins, gold, silver and copper; coffee; cotton; copper, when imported for the mint of the Confederate States.

        Garden seeds, and all other seeds for agricultural and horticultural purposes; goods, wares, and merchandize, the growth, produce or manufacture of the Confederate States, exported to a foreign country and brought back to the Confederate States in the same condition as when exported, upon which no drawback has been allowed: Provided, That all regulations to ascertain the identity thereof, prescribed by existing laws, or which may be prescribed by the Secretary of the Treasury, shall be complied with.

        Guano, manures, and fertilizers of all sorts.

        Household effects, old and in use, of persons or families from foreign countries, if used abroad by them, and not intended for any other purpose or purposes, or for sale.

        Models or inventions or other improvements in the arts: Provided, That no article or articles shall be deemed a model which can be fitted for use.

        Paving stones; personal and household effects, not merchandise, of citizens of the Confederate States dying abroad.

        Specimens of natural history, mineralogy, or botany; provided the same be imported in good faith for the use of any society incorporated or established for philosophical, agricultural or horticultural purposes, or for the use or by the order of any college, academy, school or seminary of learning in the Confederate States.

        Wearing apparel, and other personal effects not merchandise; professional books, implements, instruments, and tools of trades, occupation or employment, of persons arriving in the Confederate States: Provided, That this exemption shall not be construed to include machinery, or other articles imported for use in any manufacturing establishment, or for sale.

        Bacon, pork, hams, lard, beef, wheat, flour and bran of wheat, flour and bran of all other grains, Indian corn and meal, barley, rye, oats and oat meal, and living animals of all kinds, not otherwise provided for; also all agricultural productions, including those of the orchard and garden, in their natural state, not otherwise provided for.

        Gunpowder, and all the materials of which it is made.

        Lead, in pigs or bars, in shot or balls, for cannon, muskets, rifles or pistols.

        Rags, or whatever material composed.

        Arms of every description, for military purposes, and parts thereof, munitions of war, military accoutrements, and percussion caps.

        Ships, steamers, barges, dredging vessels, machinery, screw pile jetties, and articles to be used in the construction of harbors, and for dredging and improving the same.


        Non-enumerated articles bearing a similitude to articles enumerated, chargeable with the duties on the latter.


        When the resemblance is to two or more articles.


        Proviso.


        Duty of ten per per cent. on all articles not enumerated and classified.


        SEC. 2. And be it further enacted, That there shall be levied, collected and paid on each and every non-enumerated article which bears a similitude, either in material, quality, texture, or the uses to which it may be applied, to any enumerated article chargeable with duty, the same rate of duty which is levied and charged on the enumerated article by the foregoing schedules, which it most resembles in any of the particulars before mentioned; and if any non-enumerated article equally resembles two or more enumerated articles on which different rates of duty are chargeable, there shall be levied, collected and paid on such non-enumerated article the same rate of duty as is chargeable on the article which it resembles, paying the highest duty: Provided, That on all articles manufactured from two or more materials, the duty shall be assessed at the highest rates at which any of its component parts may be chargeable: Provided further, That on all articles which are not enumerated in the foregoing schedules and cannot be classified under this section, a duty of ten per cent. ad valorem shall be charged.


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        Goods in public stores as unclaimed, or in warehouse under bonds, on the 31st of August, 1861.


        SEC. 3. And be it further enacted, That all goods, wares and merchandize which may be in the public stores as unclaimed, or in warehouse under warehousing bonds, on the thirty-first day of August next, shall be subject, on entry thereof for consumption, to such duty as if the same had been imported, respectively after that day.

        Decision of collector as to liability to or exemption from duly, of goods imported on or after the 31st August, 1861, final and conclusive, unless, &.


        Appeal allowed to Secretary of the Treasury.


        SEC. 4. And be it further enacted, That on the entry of any goods, wares or merchandise, imported on or after the thirty-first day of August aforesaid, the decision of the collector of customs at the port of importation and entry, as to their liability to duty or exemption therefrom, shall be final and conclusive against the owner, importer, consignee or agent of any such goods, wares and merchandise, unless the owner, importer, consignee or agent shall, within ten days after such entry, give notice to the collector, in writing, of his dissatisfaction with such decision, setting forth therein distinctly and specifically his ground of objection thereto, and shall, within thirty days after the date of such decision, appeal therefrom to the Secretary of the Treasury, whose decision on such appeal shall be final and conclusive; and the said goods, wares and merchandise shall be liable to duty or exemption therefrom accordingly, any act of Congress to the contrary notwithstanding, unless suit shall be brought within thirty days after such decision, for any duties that may have been paid, or may thereafter be paid on said goods, or within thirty days after the duties shall have been paid in cases where such goods shall be in bond.

        Invoice value of imports may be raised to the true market value.


        Addition of costs and charges.


        Dutiable value to be appraised.


        Extra duty to be paid if the appraised value exceed by 10 per cent. or more, the value declared on entry.


        Proviso.


        SEC. 5. And be it further enacted, That it shall be lawful for the owner, consignee, or agent of imports which have been actually purchased or procured otherwise than by purchase, on entry of the same, to make such addition in the entry to the cost or value given in the invoice as, in his opinion, may raise the same to the true market value of such imports in the principal markets of the country whence the importations shall have been made, and to add thereto all costs and charges which, under existing laws, would form part of the true value at the port where the same may be entered, upon which the duty should be assessed, And it shall be the duty of the collector within whose district the same may be imported or entered, to cause the dutiable value of such imports to be appraised, estimated and ascertained, in accordance with the provisions of existing laws; and if the appraised value thereof shall exceed by ten per centum, or more, the value so declared on entry, then in addition to the duties imposed by law on the same, there shall be levied, collected, and paid, a duty of twenty per centum ad valorem, on such appraised value: Provided, nevertheless,, That under no circumstances shall the duty be assessed upon an amount less than the invoice or entered value, any law of Congress to the contrary notwithstanding.

        Repealing clause.


        SEC. 6. And be it further enacted, That so much of all acts or parts of acts as may be inconsistent with the provisions of this act, shall be and the same are hereby repealed.

APPROVED May 21, 1861.

CHAP. XLV.--An Act to define with more certainty the meaning of an act entitled "An Act to fix the duties on articles therein named," approved March the fifteenth, eighteen hundred and sixty-one.

May 21, 1861.

        Act of March 15, 1861, ch. 54, fixing the duties on articles therein named, construed.


        The Congress of the Confederate States of America do enact, That the above recited act shall be so construed as to embrace all railroad rails, spikes, fishing plates and chairs, used in the construction of railroads, which were imported and were in bond at the date of its passage.

        When a greater rate of duty has been paid than is prescribed by said act, the excess to be refunded.


        SEC. 2. Be it further enacted, That the Secretary of the Treasury is hereby directed to refund to such railroad companies as have, since the


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passage of said act, paid on any of the above enumerated articles imported as aforesaid, a greater rate of duty than is prescribed by said act, the amount over and above said rate.

APPROVED May 21, 1861.

CHAP. XLVI.--An Act to establish a Patent Office, and to provide for the granting and issue of patents for new and useful discoveries, inventions, improvements. and designs.

May 21, 1861.

        Patent office established, and attached to the Department of Justice.


        President to appoint Commissioner of patents. His duties.


        The Congress of the Confederate States of America do enact,That there shall be established and attached to the Department of Justice, an office to be denominated the Patent Office, the chief officer of which shall be called the Commissioner of Patents, to be appointed by the President, by and with the consent of the Congress, whose duty it shall be, under the direction of the Attorney General, to superintend, execute and perform all such acts and things touching and respecting the issue of patents for new and useful discoveries, inventions and improvements, as are herein provided for, or shall hereafter be by law directed to be done and performed, and shall have the charge and custody of all the books, records, papers, models, machines, and other things belonging to said office.

        Chief clerk.


        Examiners of patents and other clerks.


        Commissioner and other officers disqualified from taking any interest in patents.


        Compensation.


        SEC. 2. Be it further enacted, That there shall be in said office an inferior officer, to be appointed by said commissioner, with the approval of the Attorney General, to be called the chief clerk of the patent office, who in all cases during the absence of the commissioner, or when the said principal office shall become vacant, shall have the charge and custody of the seal and of the records, books, papers, machines, models, and all other things belonging to the said office, and shall perform the duties of the commissioner during such vacancy. And the said commissioner may also, with like approval, appoint such examiners of patents, and other clerks as may be necessary. And said commissioner, and every other person appointed and employed in said office, shall be disqualified or interdicted from acquiring or taking, except by inheritance, during the period for which they shall hold their appointments respectively, any right or interest, directly or indirectly, in any patent for an invention or discovery which has been or may hereafter be granted. And said commissioner, and all others employed in said office, shall receive a compensation to be ascertained and fixed by law.

        Oath of office.


        Bonds.


        SEC. 3. And be it further enacted, That the said principal officer, and every other person to be appointed in the said office, shall, before he enters upon the duties of his office or appointment, make oath or affirmation truly and faithfully to execute the trust committed to him. And the said commissioner and chief clerk shall also, before entering upon their duties, severally give bonds, with sureties, to the treasurer of the Confederate States, the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, with condition to render a true and faithful account to him or his successor in office, quarterly, of all moneys which shall be by them respectively received for duties on patents, and for copies of records and drawings, and all other moneys received by virtue of said office.

        Seal of office.


        Copies of records to be evidence


        Fees.


        SEC. 4. And be it further enacted, That the said commissioners shall cause a seal to be made and provided for the said office, with such device as the President of the Confederate States shall approve; and copies of any records, books, papers or drawings belonging to the said office, under the signature of said commissioner, or when the office shall be vacant, under the signature of the chief clerk, with the said seal affixed, shall be


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competent evidence in all cases in which the original records, books, papers or drawings could be evidence. And any person making application therefor may have certified copies of the records, drawings and other papers deposited in the said office, on paying for the written copies the sum of ten cents for every page of one hundred words, and for copies of drawings, the reasonable expenses of making the same.

        Form of patents.


        Term.


        SEC. 5. And be it further enacted, That all patents issuing from the said office shall be issued in the name of the Confederate States, and under seal of said office, and be signed by the Attorney General, and countersigned by the commissioner of said office, and shall be recorded, together with the descriptions, specifications and drawings, in the said office, in books to be kept for that purpose. Every patent shall contain a short description or title of the invention or discovery, correctly indicating its nature and design, and in its terms grant to the applicant or applicants, his or their heirs, administrators, executors or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of making, using aud vending to others to be used, the said invention or discovery, referring to the specifications for the particulars thereof, a copy of which shall be annexed to the patent, specifying what the patentee claims as his invention or discovery.

        For what a patent may be granted.


        Application.


        Written description of invention, and of the manner of making, using, &c., the same.


        Drawings and written references; specimens of ingredients and of the composition of matter.


        Signature; attestation and filing of descriptions and drawings.


        Model of invention.


        Oath or affirmation of applicant.


        SEC. 6. And be it further enacted, That any person or persons having discovered or invented any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter, not known or used by others before his or their discovery or invention thereof, and not at the time of his application for a patent in public use or for sale, with his consent or allowance, as the inventor or discoverer, and shall desire to obtain an exclusive property therein, may make application in writing to the commissioner of patents, expressing such desire; and the commissioner, on due proceedings had, may grant a patent therefor. But before any inventor shall receive a patent for any such new invention or discovery, he shall deliver a written description of his invention or discovery, and of the manner and process of making, constructing, using and compounding the same, in such full, clear and exact terms, avoiding unnecessary prolixity, as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound and use the same; and in case of any machine he shall fully explain the principle, and the several modes in which he has contemplated the application of that principle or character by which it may be distinguished from other inventions; and shall particularly specify and point out the part, improvement, or combination which he claims as his own invention or discovery. He shall, furthermore, accompany the whole with a drawing or drawings, and written references, where the nature of the case admits of drawings; or with specimens of ingredients, and of the composition of matter, sufficient in quantity for the purpose of experiment, where the invention or discovery is of a composition of matter,; which descriptions and drawings signed by the inventor, and attested by two witnesses, shall be filed in the Patent office; and he shall moreover furnish a model of his invention, in all cases which admit of a representation by model, of a convenient size to exhibit advantageously its several parts. The applicant shall make oath or affirmation that he does verily believe that he is the original and first inventor or discoverer of the art, machine, composition, or improvement, for which he solicits a patent; and that he does not know or believe that the same was ever before known or used; and also of what country he is a citizen; which oath or affirmation may be made before any person authorized by law to administer oaths.

        Examination by Commissioner or other officer of the alleged new invention or discovery.


        What to appear to authorize the issuing of a patent.


        Commissioner to notify the applicant when his application is refused.


        If applicant persist in his claim for a patent, new oath required.


        Appeal to Attorney General.


        Proceedings on appeal.


        Proviso.


        SEC. 7. And be it further enacted, That on the filing of any such application,


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description and specification, and the payment of the duty herein-after provided, the commissioner shall make, or cause to be made, an examination of the alleged new invention or discovery, and if, on any such examination, it shall not appear to the commissioner that the same had been invested or discovered by any other person in this country, prior to the alleged invention or discovery thereof by the applicant, or that it had been patented or described in any printed publication, in this or in any foreign country, or had been in public use or on sale, with the applicant's consent or allowance, prior to the application, if the commissioner shall deem it to be sufficiently useful and important, it shall be his duty to issue a patent therefor. But whenever, on such examination, it shall appear to the commissioner that the applicant was not the original and first inventor or discoverer thereof, or that any part of that which is claimed as new had before been invented or discovered, or patented or described in any printed publication in this or any foreign country as aforesaid, or that the description is defective and insufficient, he shall notify the applicant thereof, giving him briefly such information and references as may be useful in judging of the propriety of renewing his application, or of altering his specification to embrace only that part of the invention or discovery which is new. But if the applicant in such case shall persist in his claim for a patent, with or without any alterations of his specifications, he shall be required to make oath or affirmation anew, in manner as aforesaid; and if the specification and claim shall not have been so modified as in the opinion of the commissioner shall entitle the applicant to a patent, he may, on appeal, and upon request in writing, have the decision of the Attorney General, who shall be furnished with a certificate in writing, with the opinion and decision of the commissioner, stating the particular grounds of his objection, and the part or parts of the invention which he considers as not entitled to be patented, and the Attorney General shall give reasonable notice to the applicant, as well as to the commissioner, of the time and place of hearing such appeal, that they may have an opportunity of furnishing him with such facts and evidence as they may deem necessary to a just decision; and it shall be the duty of the commissioner to furnish to the Attorney General such information as he may possess, relative to the matter under consideration. And on an examination and consideration of the matter by the Attorney General, it shall be in his power to reverse the decision of the commissioner, either in whole or in part; and his opinion being certified to the commissioner, he shall be governed thereby in the further proceedings to be had on such application: Provided, however, That before an appeal shall be had in any such case, the applicant shall pay to the credit of the treasury, as provided in the twenty-third section of this act, the sum of twenty-five dollars.

        Applications for patents which interfere with other pending applications or unexpired patents.


        Commissioner to give notice thereof.


        Appeal from his decision,


        Taking out letters patent in a foreign country not to deprive inventor of his right under this act.


        Date of patent.


        Filing of specifications, &c., in the secret archives of the office.


        SEC. 8. And be it further enacted, That whenever an application shall be made for a patent, which in the opinion of the commissioner would interfere with any other parent for which an application may be pending, or with any unexpired patent which shall have been granted, it shall be the duty of the commissioner to give notice thereof to such applicants or patentees, as the case may be; and if either shall be dissatisfied with the decision of the commissioner on the question of priority of right or invention, on a hearing thereof, he may appeal from such decision on the like terms and conditions as are provided in the preceding section of this act, and the like proceedings shall be had to determine which or whether either of the applicants is entitled to receive a patent as prayed for. But nothing in this act contained shall be construed to deprive an original and true inventor of the right to a patent for his invention by reason of his having previously taken out letters patent therefor in a foreign country, and the same having been published at any time within six months next


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preceding the filing of his specifications and drawings. And whenever the applicant shall request it, the patent shall take date from the time of filing of the specifications and drawings; not, however, exceeding six months prior to the actual issuing of the patent; and on like request, and the payment of the duty herein required, by any applicant, his specifications and drawings shall be filed in the secret archives of the office, until he shall furnish the model and the patent be issued, not exceeding the term of two years--the applicant being entitled to notice of interfering application.

        Patents may issue to executors, &c.


        Oath.


        SEC. 9. And be it further enacted, That where any person hath made or shall have made any new invention, discovery or improvement, on account of which a patent might by virtue of this act be granted, and such person shall die before any patent shall be granted therefor, the right of applying for and obtaining such patent shall devolve on the executor or administrator of such person, in trust for the heirs-at-law of the deceased, in case he shall have died intestate, but if otherwise, then in trust for his devisees, in as full and ample manner, and under the same conditions, limitations and restrictions as the same was held or might have been claimed or enjoyed by such person in his or her lifetime; and when application for a patent shall be made by such legal representatives, the oath or affirmation provided in the sixth section of this act shall be so varied as to be applicable to them.

        Assignment of patents.


        To be recorded.


        SEC. 10. And be it further enacted, That every patent shall be assignable in law, either as to the whole interest, or any undivided part thereof, by any instrument in writing: which assignment, and also every grant and conveyance of the exclusive right, under any patent, to make and use, and to grant to others to make and use, the thing patented within and throughout any specified part or portion of the Confederate States, shall be recorded in the patent office within three months from the execution thereof.

        Inventor may file caveat.


        Fees.


        To be kept secret.


        Notice to be given of interfering application.


        Decision.


        Remedy at law preserved.


        SEC. 11. And be it further enacted, That any person who shall have invented any new art, machine, or improvement thereof, and shall desire further time to mature the same, may, on paying to the credit of the treasury, in manner as provided in the twenty-third section of this act, the sum of ten dollars, file in the patent office a caveat setting forth the design and purpose thereof, and its principal and distinguishing characteristics, and praying protection of his right till he shall have matured his invention. And such caveat shall be filed in the confidential archives of the office, and preserved in secresy. And if application shall be made by any other person, within one year from the time of filing of such caveat, for a patent of any invention with which it may in any respect interfere, it shall be the duty of the commissioner to deposit the description, specifications, drawings and model in the confidential archives of the office, and to give notice (by mail) to the person filing the caveat, of such application, who shall, within three months after receiving the notice, if he would avail himself of the benefit of his caveat, file his description, specifications, drawings and model; and if, in the opinion of the commissioner, the specifications of claim interfere with each other, like proceedings may be had in all respects as are in this act provided in the case of interfering applications: Provided, however, That no opinion or decision of the commissioner or examiners, under the provisions of this act, shall preclude any person interested in favor of or against the validity of any patent which has been or may hereafter be granted, from the right to contest the same in any judicial court, in any action in which its validity may come in question.

        Defective patents may be surrendered and re-issued.


        Effect there of.


        Patents for new improvements of the original invention or discovery.


        Annexing to original patents, descriptions, &c., of such improvements disallowed.


        SEC. 12. And be it further enacted, That whenever any patent which has heretofore been granted, or which shall hereafter be granted, shall


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be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification as his own invention more than he had or shall have a right to claim as new, if the error has or shall have arisen by inadvertency, accident or mistake, and without any frandulent or deceptive intention, it shall be lawful for the commissioner, upon the surrender to him of such patent, and the payment of the further duties of twenty dollars, to cause a new patent to be issued to its head inventor, for the same invention, for the residue of the period then unexpired for which the original patent was granted, in accordance with the patentee's corrected description and specification. And in case of his death, or any assignment by him made of the original patent, a similar right shall vest in his executors, administrators or assigns. And the patent so re-issued, together with the corrected description and specifications, shall have the same effect and operation in law, on the trial of all actions hereafter commenced for causes subsequently accruing, as though the same had been originally filed in such corrected form before the issuing of the original patent. And in all cases where any new improvement of the original invention or discovery may have been invented or discovered by the original patentee subsequent to the date of his patent, for which a patent is desired by him, an independent patent for such improvement or discovery may be applied for; and no annexing to such original patent of the description and specification of such additional improvement or improvements shall be allowed.

        Defendant may plead the general issue, and give notice of special matter.


        Defences.


        What special matters the defendant to state in his notice, when he relies on a previous invention, &c.


        Judgment.


        When prior use abroad not to avoid patent.


        Costs.


        SEC. 13. And be it further enacted, That the defendant in any such action shall be permitted to plead the general issue, and to give this act and any special matter in evidence of which notice in writing may have been given to the plaintiff or his attorney, thirty days before trial, tending to prove that the description and specification filed by the plaintiff does not contain the whole truth relative to his invention or discovery, or that it contains more than is necessary to produce the described effect; which concealment or addition shall fully appear to have been made for the purpose of deceiving the public, or that the patentee was not the first and original inventor or discoverer of the thing patented, or of a substantial and material part thereof, claimed as new, or that it has been described in some public work anterior to the supposed discovery thereof by the patentee, or had been in public use or on sale with the consent and allowance of the patentee before his application for a patent, or that he had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using ressonable diligence in adapting and perfecting the same; or that the patentee, if an alien at the time the patent was granted, had failed and neglected, for the space of eighteen months from the date of the patent, to put and continue on sale to the public, on reasonable terms, the invention or discovery for which the patent was issued; and whenever the defendant relies in his defence on the fact of a previous invention, knowledge or use of the thing patented, he shall state in his notice of special matters the names and places of residence of those whom he intends to prove to have possessed a prior knowledge of the thing, and where the same had been used; in either of which cases judgment shall be rendered for the defendant with costs: Provided, however, That whenever it shall satisfactorily appear that the patentee, at the time of making his application for the patent, believed himself to be the first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery, or any part thereof, having been before known or used in any foreign country--it not appearing that the same or any substantial part thereof had before been patented or described in any


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printed publication: And provided also, That whenever the plaintiff shall fail to sustain his action on the ground that in his specification or claim is embraced more than that of which he was the first inventor, if it shall appear that the defendant had used or violated any part of the invention justly and truly specified and claimed as new, it shall be in the power of the court to adjudge and award, as to costs, as may appear to be just and equitable.

        Remedy in equity where there are interfering patents, or where a patent has been refused on the ground that it would interfere with an unexpired patent.


        Proviso.


        SEC. 14. And be it further enacted, That whenever there shall be two interfering patents, or whenever a patent or application shall have been refused on an adverse decision of the Attorney General, on the ground that that patent applied for would interfere with an unexpired patent previously granted, any person interested in any such patent either by assignment or otherwise, in the one case, and any such applicant in the other case, may have remedy in equity; and the court having cognizance thereof, on notice to adverse parties, and other due proceedings had, may adjudge and declare either the patents void in the whole or in part, or inoperative and invalid in any particular part or portion of the Confederate States, according to the interest which the parties to such suit may possess in the patent or the invention patented; and may also adjudge that such applicant is entitled, according to the principles and provisions of this act, to have and receive a patent for his invention, as specified in his claim, or for any part thereof, as the fact of priority or right or invention shall, in any such case, be made to appear. And such adjudication, if it be in favor of the right of such applicant, shall authorize the commissioner to issue such patent, on his filing a copy of the adjudication and otherwise complying with the requisitions of this act: Provided, however, That no such judgment or adjudication shall affect the rights of any person, except the parties to the action and those deriving title from and under them subsequent to the rendition of such judgment.

        All actions, &c., under the patent laws, cognizable in the District Courts of the C. S.


        Power of the court to grant injunctions.


        Proviso, as to writs of error or appeal.


        SEC. 15. And be it further enacted, That all actions, suits, controversies and cases arising under any law of the Confederate States, granting or confirming to inventors the exclusive right to their inventions or discoveries, shall be originally cognizable, as well in equity as at law, by the district courts of the Confederate States, which courts shall have power in any such case to grant injunctions according to the course and principles of courts of equity, to prevent the violation of the rights of any inventor as secured to him by any law of the Confederate States, on such terms and conditions as said courts may deem reasonable: Provided, however, That from all judgments and decrees from any such court rendered in the premises, a writ of error or appeal, as the case may require, shall lie to the Supreme Court of the Confederate States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of district courts, and in all other cases in which the court shall deem it reasonable to allow the same.

        Classification and arrangement in rooms or galleries, of models, &c.


        To be kept open for public inspection.


        SEC. 16. And be it further enacted, That it shall be the duty of the commissioner to cause to be classified and arranged in such rooms or galleries as may be provided for that purpose, in suitable cases, when necessary for their preservation, and in such manner as shall be conducive to a beneficial and favorable display thereof, the models and specimens of compositions and fabrics, and other manufactures and works of art, patented or unpatented, which have been or shall hereafter be deposited in said office. And said rooms or galleries shall be kept open during suitable hours for public inspection.

        Fees for several distinct patents on surrender.


        When duplicate models or drawings to be filed.


        Question of compensation for.


        SEC. 17. And be it further enacted, That whenever a patent shall be returned for correction and re-issue, under this act, and the patentee


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shall desire several patents to be issued for distinct and separate parts of the thing patented, he shall first pay, in manner and in addition to the sum provided by this act, the sum of twenty dollars for each additional patent so to be issued; nor shall any new patent be issued for an improvement made in any machine, manufacture or process, to the original inventor, assignee or possessor of a patent therefor, nor any disclaimer be admitted to record, until a duplicate model or drawing of the same shall have been deposited in the patent office, if the commissioner shall require the same; nor shall any patent be granted for an invention, improvement or discovery, the model or drawing of which shall have been lost, until another model or drawing, if required by the commissioner, shall in like manner be deposited in the patent office. And in all such cases the question of compensation for such models and drawings shall be subject to the judgment and decision of the commissioner, under the same limitations and restrictions as are herein prescribed.

        Patents may issue to the assignees of the inventors or discoverers.


        Applicant for patent to furnish duplicate drawings.


        SEC. 18. And be it further enacted, That any patent, hereafter to be issued, may be made and issued to the assignee or assignees of the inventor or discoverer, the assignment thereof being first entered of record, and the application therefor being duly made, and the specification duly sworn to by the inventor. And in all cases hereafter the applicant for a patent shall be held to furnish duplicate drawings, whenever the case admits of drawings, one of which to be deposited in the office, and the other to be annexed to the patent and considered a part of the specification.

        Patentee may disclaim where his specification is too broad.


        How made.


        Effect thereof.


        SEC. 19. And be it further enacted, That whenever any patentee shall have, through inadvertence, accident or mistake, made his specification of claim too broad, claiming more than that of which he was the original or first inventor, some material and substantial part of the thing patented being truly and justly his own, any such patentee, his administrators, executors and assigns, whether of a whole or of a sectional interest therein, may make disclaimer of such parts of the thing patented as the disclaimant shall not claim to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent, which disclaimer shall be in writing, attested by one or more witnesses, and recorded in the patent office, on payment by the person disclaiming, in manner as other patent duties are required by law to be paid, of the sum of ten dollars. And such disclaimer shall thereafter be taken and considered as part of the original specification, to the extent of the interest which shall be possessed in the patent or right secured thereby by the disclaimant, and by those claiming by or under him, subsequent to the record thereof. But no such disclaimer shall affect any action pending at the time of its being filed, except so far as may relate to the question of unreasonable neglect or delay in filing the same.

        Application for improvements and re-issues to be subject to revision as original application.


        Disclaimer.


        Appeal.


        SEC. 20. And be it further enacted, That whenever application shall be made to the commissioner for a patent for a newly discovered improvement to be made to an existing patent, or wherever a patent shall be returned for correction and re-issue, the specification of claim annexed to every such patent shall be subject to revision and restriction, in the same manner as are original applications for patents; the commissioner shall not add any such improvement to the patent in the one case, nor grant the re-issue in the other case, until the applicant shall have entered a disclaimer or altered his specification of claim, in accordance with the decision of the commissioner; and in all such cases the applicant, if dissatisfied with such decision, shall have the same remedy and be entitled to the benefit of the same privileges and proceedings as are provided by law in the case of original applications for patents.

        Patent to be good for so much as is original.


        Actions for infringements.


        No costs unless disclaimer filed.


        Delay in filing disclaimer, to bar.


        SEC. 21. And be it further enacted, That whenever, by mistake, accident


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or inadvertence, and without any wilful default or intent to defraud or mislead the public, any patentee shall have in his specification, claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the original and first inventor, and shall have no legal or just right to claim the same, in every such case the patent shall be deemed good and valid, for so much of the invention or discovery as shall be truly and bona fide his own: Provided, It shall be a material and substantial part of the thing patented, and be definitely distinguishable from the other parts so claimed, without right as aforesaid. And every such patentee, his executors, administrators and assigns, whether of a whole or of a sectional interest therein, shall be entitled to maintain a suit at law or in equity on such patent for any such infringement of such part of the invention or discovery as shall be bona fide his own as aforesaid, notwithstanding the specification may embrace more than he shall have any legal right to claim. But in every such case in which a judgment or verdict shall be rendered for the plaintiff, he shall not be entitled to recover costs against the defendant, unless he shall have entered at the patent office prior to the commencement of the suit, a disclaimer of all that part of the thing patented which was so claimed without right: Provided, however, That no person bringing any such suit shall be entitled to the benefits of the provisions contained in this section, who shall have unreasonably neglected or delayed to enter at the patent office a disclaimer as aforesaid.

        When affirmation may be taken instead of oath.


        SEC. 22. And be it further enacted, That in all cases in which an oath is required by this act, if the person of whom it is required shall be conscientiously scrupulous of taking an oath, affirmation may be substituted therefor.

        Patent fund appropriated for payment of expenses of the patent office.


        Commissioner to make annual report to Congress.


        SEC. 23. And be it further enacted, That all moneys paid into the treasury of the Confederate States for patents, and for fees for copies furnished by the commissioner shall be carried to the credit of the patent fund created by this act; and the moneys constituting said fund shall be and the same are hereby appropriated for the payment of the salaries of the officers and clerks provided by this act, and all other expenses of the patent office, including all the expenditures provided for by this act; and also for such other purposes as are or may be hereafter specially provided for by law. And the commissioner is hereby authorized to draw upon such fund, from time to time, for such sums as shall be necessary to carry into effect the provisions of this act, governed, however, by the several limitations herein contained. And it shall be his duty to lay before Congress, in the month of January, annually, a list of all patents which shall have been granted during the preceding year, designating under proper heads the subjects of such patents, and furnishing an alphabetical list of the patentees, with their places of residence; and he shall also furnish a list of all patents which shall have become public property during the same period, together with such other information of the state of the patent office as may be useful to Congress or to the public.

        Temporary clerks.


        Compensation.


        SEC. 24. And be it further enacted, That the commissioner be authorised to employ temporary clerks to do any necessary transcribing, whenever the current business of the office requires it: Provided, however, That instead of salary a compensation shall be allowed, at a rate not greater than is charged for copies now furnished by the office.

        List of patents to be published.


        SEC. 25. And be it further enacted, That the commissioner is hereby authorized to publish a classified and alphabetical list of all patents granted by the patent office previous to said publication, and retain one hundred copies for the patent office and five hundred copies to be deposited


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in the library of Congress, for such distribution as may hereafter be directed; and that one thousand dollars, if necessary, be appropriated out of the patent fund, to defray the expenses of the same.

        Appropriation for the library of the patent office.


        SEC. 26. And be it further enacted, That the sum of five hundred dollars be appropriated from the patent fund, to be expended under the direction of the commissioner, for the purchase of necessary books for the library of the patent office.

        Applications by aliens for patents.


        SEC. 27. And be it further enacted, That all applications by aliens to obtain patents for inventions which have already been patented in foreign countries, shall be made within six months from the date of such foreign letters patent. Nor shall letters patent be granted to any alien whose government is at war with the Confederate States.

        Inventors may dispose of right to use machines, &c., prior to application,


        during period of two years.


        SEC. 28. And be it further enacted, That every person or corporation who has, or shall have purchased or constructed any newly invented machine, manufacture or composition of matter, prior to the application by the inventor or discoverer for a patent, shall be held to possess the right to use and vend to others to be used, the specific machine, manufacture or composition of matter so made or purchased, without liability therefor to the inventor, or any other person interested in such invention; and no patent shall be held to be invalid by reason of such purchase, sale or use, prior to the application for a patent as aforesaid, except on proof of abandonment of such invention to the public, or that such purchase, sale or prior use has been for more than two years prior to such application for a patent.

        Remedy in case of interference extended to all cases where patents are refused.


        SEC. 29. And be it further enacted, That the provisions of the fourteenth section of this act shall extend to all cases where patents are refused for any reason whatever, either by the commissioner of patents or by the Attorney General, upon appeals from the decision of said commissioner, as well as where the same shall have been refused on account of, or by reason of, interference wlth a previously existing patent; and in all cases where there is no opposing party, a copy of the bill shall be served upon the commissioner of patents, when the whole of the expenses of the proceeding shall be paid by the applicant, whether the final decision shall be in his favor or otherwise.

        Fees paid by mistake may be repaid out of the patent fund.


        SEC. 30. And be it further enacted, That the Treasurer of the Confederate States be and he hereby is authorized to pay back, out of the patent fund, any sum or sums of money to any person who shall have paid the same into the treasury, or to any receiver or depositary to the credit of the treasurer, as for fees accruing at the patent office through mistake, and which are not provided to be paid by existing laws, certificate thereof being made to the said treasurer by the commissioner of patents.

        How oath to be administered abroad.


        SEC. 31. And be it further enacted, That the oath required for applicants for patents may be taken, when the applicant is not for the time being residing in the Confederate States, before any minister plenipotentiary, charge d'affaires, consul, or commercial agent holding commission under the government of the Confederate States, or before any notary public of the foreign country in which such applicant may be: Provided, Such foreign state shall have recognized the independence of the Confederate States, and shall be at the time in amity with them.

        To whom payments for patents to be made.


        SEC. 32. And be it further enacted, That all patentees wishing to make payments for patents to be issued, may pay all such moneys to the treasurer of the Confederate States, or to the treasurer of either of the mints within the Confederate States, or to such other depositary as shall be designated by the Secretary of the Treasury or commissioner of patents, in other parts of the Confederate States, to receive such payments and give receipts or certificates of deposit therefor.


Page 145

        Writ of error or appeal to the Supreme Court.


        SEC. 33. And be it further enacted, That from all judgments and decrees of any district court rendered in any action, suit, controversy, or case at law or in equity, arising under any law of the Confederate States granting or confirming to inventors and discoverers the exclusive right to their inventions or discoveries, a writ of error or appeal, as the case may require, shall lie, at the instance of either party, to the supreme court of the Confederate States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of such district courts, without regard to the sum or value in controversy in the action.

        Commissioner to prescribe rules for taking evidence.


        Before whom to be taken.


        Subpoenas for witnesses.


        Failure of witness to attend, or refusal to testify.


        Compensation.


        When not required to attend.


        When not deemed guilty of contempt.


        SEC. 34. And be it further enacted, That the commissioner of patents may establish rules for taking affidavits and depositions required in cases pending in the patent office, and such affidavits and depositions may be taken before any justice of the peace or other officer authorized by law to take depositions to be used in the courts of the Confederate States, or in the State courts of any State where such officer shall reside; and in any contested case pending in the patent office it shall be lawful for any clerk of any court of the Confederate States for any district or territory, and he is hereby required, upon the application of any party to such contested case, or the agent or attorney of such party, to issue subpoenas for any witnesses residing or being within the said district or territory, commanding such witnesses to appear and testify before any justice of the peace, or other officer as aforesaid residing within the said district or territory, at any time and place in the subpoena to be stated; and if any witness, after being duly served with such subpoena, shall refuse or neglect to appear, or after appearing shall refuse to testify, (not being privileged from giving testimony), such refusal or neglect being proved to the satisfaction of any judge of the court whose clerk shall have issued such subpoena, said judge may thereupon proceed to enforce obedience to the process, or to punish the disobedience in like manner as any court of the Confederate States may do in case of disobedience to process of subpoena ad testificandum issued by such court; and witnesses in such cases shall be allowed the same compensation as is allowed to witnesses attending the courts of the Confederate States: Provided, That no witness shall be required to attend at any place more than forty miles from the place where the subpoena shall be served upon him, to give a deposition under this law: Provided, also, That no witness shall be deemed guilty of contempt for refusing to disclose any secret invention made or owned by him: And provided, further, That no witness shall be deemed guilty of contempt for disobeying any subpoena directed to him by virtue of this act, unless his fees for going to, returning from, and one day's attendance at the place of examination shall be paid or tendered to him at the time of the service of the subpoena.

        Appeal from decision of the examiners.


        Second examination.


        SEC. 35. And be it further enacted, That no appeal shall be allowed to the Attorney General from the decisions of the examiners, except in interference cases, until after the application shall have been twice rejected; and the second examination of the application by the primary examiner shall not be had until the applicant, in view of the references given on the first rejection, shall have renewed the oath of invention as provided for in this act.

        Salaries of commissioner, clerks and examiners.


        SEC. 36. And be it further enacted, That the salary of the commissioner of patents, from and after the passage of this act, shall be three thousand dollars per annum; that of the chief clerk eighteen hundred dollars per annum; that of each examiner of patents two thousand dollars per annum; and that of each regularly employed record or other clerk, one thousand dollars per annum.

        When models may be restored.


        When dispensed with.


        SEC. 37. And be it further enacted, That the commissioner of patents


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is authorized to restore to the respective applicants, or when not removed by them, to otherwise dispose of such of the models belonging to rejected applications as he shall not think necessary to be preserved. The same authority is also given in relation to all models accompanying applications for designs and inventions. He is further authorized to dispense with models of designs, when the design and invention can be sufficiently represented by a drawing.

        Printing of papers.


        Misconduct patent agent.


        SEC. 38. And be it further enacted, That the commissioner may require all papers filed in the patent office, if not correctly, legibly and clearly written, to be printed at the cost of the parties filing such papers; and for gross misconduct he may refuse to recognize any person as a patent agent, either generally or in any particular case; but the reasons of the commissioner for such refusal shall be duly recorded, and subject to the approval of the President of the Confederate States.

        Fees paid on application for patents not to be refunded.


        Fee paid on filing a caveat, how considered.


        From what day the notice required by the 11th section computed.


        SEC. 39 And be it further enacted, That no money paid as a fee on any application for a patent after the passage of this act shall be withdrawn or refunded, nor shall the fee paid on filing a caveat be considered as part of the sum required to be paid on filing a subsequent application for a patent for the same invention. That the three months' notice given to any caveator, in pursuance of the requirements of the eleventh section of this act, shall be computed from the day on which such notice is deposited in the post-office at the seat of government of this Confederacy, with the regular time for transmission of the same added thereto, which time shall be endorsed on the notice.

        Rates of fees.


        SEC. 40. And be it further enacted, That the following shall be the rates of fees in all cases, respectively:

        On filing a caveat, ten dollars.

        On filing each original application for a patent, except for a design, twenty dollars.

        On issuing each original patent, twenty dollars.

        On every appeal to the Attorney General, twenty-five dollars.

        On every application for the re-issue of a patent, thirty dollars.

        On filing each disclaimer, ten dollars.

        For recording patents, as provided for in section forty-nine, ten cents for every hundred words.

        For certified copies of patents and other papers, ten cents per hundred words.

        For recording every assignment, agreement, power of attorney, and other papers, of three hundred words or under, one dollar.

        For recording every assignment and other paper, over three hundred words, and under one thousand words, two dollars.

        For recording every assignment or other writing, if over one thousand words, three dollars.

        For copies of drawings, the reasonable cost of making the same.

        Patents may be issued for original designs.


        Term of patent.


        Fees.


        SEC. 41. And be it further enacted, That any person or persons who, by his, her or their own industry, genius, efforts and expense, may have invented or produced any new and original design for a manufacture, whether of metal or other material or materials, an original design for a bust, statue, or bas-relief, or composition in basso or alto relievo, or any new or original impression or ornament, or to be placed on any article of manufacture, the same being formed in marble or other material, or any new and useful pattern, or print, or picture, to be either worked into or worked on, or printed, or painted, or cast, or otherwise fixed upon any article of manufacture, or any new and original shape or configuration of any article of manufacture not known or used by others before his, her or their invention or production thereof, and prior to the time of his, her or their application for a patent therefor, and who shall desire


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to obtain an exclusive property or right therein, to make, use, sell and vend the same, or copies of the same, to others, by them to be made, used and sold, may make application in writing to the commissioner of patents expressing such desire; and the commissioner, on due proceedings had, may grant a patent therefor, as in the case now of application for a patent, for the term of three and one-half years, or for the term of seven years, or for the term of fourteen years, as the said applicant may elect in his application: Provided, That the fee to be paid in such application shall be for the term of three years and six months, ten dollars; for seven years, fifteen dollars; and for fourteen years, twenty dollars.

        When applications to be completed.


        When regarded as abandoned.


        SEC. 42. And be it further enacted, That all applications for patents shall be completed and prepared for examination within two years after the filing of the petition, and in default thereof they shall be regarded as abandoned by the parties thereto, unless it be shown to the satisfaction of the commissioner of patents that such delay was unavoidable; and all applications now pending shall be treated as if filed after the passage of this act.

        How patented articles to be marked.


        On failure to mark them, no damages recoverable for infringement of letters patent, except, etc.


        SEC. 43. And be it further enacted, That in all cases where an article is made or vended by any person under the protection of letters patent, it shall be the duty of such person to give sufficient notice to the public that said article is so patented, either by fixing thereon the word patented, together with the day and year the patent was granted, or when, from the character of the article patented, that may be impracticable, by enveloping one or more of the said articles and affixing a label to the package, or otherwise attaching thereto a label, on which the notice, with the date, is printed; on failure of which, in any suit for the infringement of letters patent by the party failing so to mark the article the right to which is infringed upon, no damage shall be recovered by the plaintiff, except on proof that the defendant was duly notified of the infringement, and continued, after such notice, to make or vend the article patented.

        Commissioner to have printed descriptions and claims of patents, and drawings of the same.


        Proviso.


        SEC. 44. And be it further enacted, That the commissioner of patents be and he is hereby authorized to print, or in his discretion to cause to be printed, ten copies of the description and claims of all patents which may hereafter be granted, and ten copies of the drawings of the same, when drawings shall accompany the patent: Provided, The cost of printing the text of said description and claims shall not exceed, exclusive of stationery, the sum of two cents per hundred words for each of said copies, and the cost of the drawing shall not exceed fifty cents per copy; one copy of the above number shall be printed on parchment, to be affixed to the letters patent. The work shall be under the direction and subject to the approval of the commissioner of patents, and the expense of the said copies shall be paid for out of the patent fund.

        Copies of letters patent to be evidence.


        SEC. 45. And be it further enacted, That printed copies of the letters patent of the Confederate States, with the seal of the patent office affixed thereto, and certified and signed by the commissioner of patents, shall be legal evidence of the contents of said letters patent in all cases.

        Discrimination between persons in regard to patent office fees.


        SEC. 46. And be it further enacted, That no discrimination shall be made between the inhabitants of the Confederate States, and those of other countries which shall not discriminate against the inhabitants of the Confederate States in regard to patent office fees; and should any country discriminate against the Confederate States, the same fees shall be charged against the inhabitants of said country as are charged by it against the inhabitants of the Confederate States.

        Further fees to be paid by patentee.


        If not paid, patent deemed abandoned.


        SEC. 47. And be it further enacted, That at the expiration of three years from the date of any patent hereafter to be issued, there shall be


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paid to the commissioner, by the patentee or assignee of such patent, a fee of ten dollars, and the same amount at the expiration of seven years; and if such fees are not so paid, such patent shall be deemed abandoned, and shall be null and void.

        Patent fund appropriated for payment of expenses of the patent office.


        SEC. 48. And be it further enacted, That all moneys received by the commissioner under this act shall be by him paid into the treasury, and shall constitute a fund for the payment of the salaries of officers and clerks herein provided for, and all other expenses of the patent office, and to be called a patent fund.

        Patents issued by the U. S. to continue in force.


        Proviso.


        Further proviso.


        Further proviso.


        SEC. 49. And be it further enacted, That all patents heretofore granted and issued by the United States to any person or persons now a citizen or citizens of either of the States of this Confederacy, or of the States of Tennessee, Arkansas, and North Carolina, or now held by assignment by any such citizen or citizens, shall continue in force for the term for which they were issued yet unexpired, and if assigned in part only to any citizen of this Confederacy, or of the States aforesaid, shall continue in force for such part: Provided, Said assignment was bona fide made prior to the fourth day of February, one thousand eight hundred and sixty-one: Provided, further, Nothing contained in this act shall he construed to recognize any renewal or extension of a patent by the United States, heretofore made: Provided further, That patents or the deed of assignment therefor provided for in this section, shall be recorded in the patent office of the Confederate States, and there also shall be deposited in said office such models or descriptive drawings as may be necessary to identify and explain the subject matter of said patents; and all persons claiming the benefit of this section shall pay to the commissioner of patents the sum of twenty dollars for the use of the patent fund; unless such patents are so filed for record, with such drawings or models as aforesaid, within nine months from the date of publication of this act, they shall be considered as abandoned, and shall be null and void. And it shall be the duty of the commissioner to endorse on each patent so filed for record the date of such filing, and also a certificate under the seal of his office that said patent has been recorded, which certificate shall be evidence of the fact in any court of justice, whether of the State or of the Confederacy, and of the rights of the owner thereof to use said patent; and such patents shall, after they are recorded, be returned to the owner thereof.

        Where slave is inventor, &c., his master may obtain patent for his invention.


        SEC. 50. And be it further enacted, That in case the original inventor or discover of the art, machine or improvement for which a patent is solicited is a slave, the master of such slave may take an oath that the said slave was the original inventor; and on complying with the requisites of the law, shall receive a patent for said discovery or invention, and have all the rights to which a patentee is entitled by law.

        Effect of patents issued by U. S. to citizens of foreign countries.


        Proviso.


        SEC. 51. And be it further enacted, That all patents issued by the government of the United States, in favor of citizens or subjects of foreign countries, prior to the eighth day of February last, shall have the same force and effect in these Confederate States as if issued under the authority of these States: Provided, That this section shall not take effect in favor of any alien enemy, holder or assignee of any such patent as aforesaid.

        Commencement of act.


        SEC. 52. And be it further enacted, That this act shall take effect and be in force from and after its passage.

APPROVED May 21, 1861.


Page 149

CHAP. XLVII.--An Act to establish the judicial courts of the Confederate States of America, in the State of Virginia.

May 21, 1861.

        Two judicial districts established in Virginia.


        The Congress of the Confederate States of America do enact, That the State of Virginia shall constitute two judicial districts, the territorial boundaries of which shall be the same as those existing by force of the laws of the United States, when the said State of Virginia seceded from the United States, and shall be known and designated as the eastern and western judicial districts of the Confederate States of America, in Virginia.

        Judge, marshal and attorney for each district.


        Jurisdiction of the court.


        SEC. 2. Be it further enacted, That a judge and marshal and attorney shall be appointed by the President of the Confederate States for each of said districts; and that the jurisdiction exercised by the said district courts and the judges thereof shall be the same in all respects as that exercised by the other district courts of the Confederate States and the judges of such courts, respectively; and that the said courts shall in all respects be subject to the provisions of the act entitled "An act to establish the judicial courts of the Confederate States of America."

APPROVED May 21, 1861

CHAP. XLVIII.--An Act to prescribe the mode of publishing the laws and treaties of the Confederate States.

May 21, 1861.

        Publication of the laws and resolutions.


        The Congress of the Confederate States of America do enact, That it shall be the duty of the Attorney General to select from the laws and resolutions passed at each session, such as may be of a public nature and which in his judgment require immediate publication, and cause the same to be inserted weekly, for one month, in one public gazette published at the seat of government in each State, and also in two gazettes published at the capital of the Confederate States.

        Of treaties.


        SEC. 2. All treaties entered into by the Confederate States shall be published in the same manner; but the President may, in his discretion, order the publication of particular treaties in other gazettes published at other places.

        Compensation.


        SEC. 3. The compensation for publication of the laws in the gazettes shall not exceed one dollar and a half per page, estimated according to Little & Brown's edition of the laws of the United States.

APPROVED May 21, 1861.

CHAP. XLIX.--An Act to prescribe the salary of the private secretary of the President of the Confederate States.

May 21, 1861.

        Salary, of President's private secretary.


        The Congress of the Confederate States [of America] do enact, That from and after the passage of this act, the salary of the private secretary of the President of the Confederate States shall be at the rate of fifteen hundred dollars per annum.

        Repealing clause.


        SEC. 2. All laws and parts of laws militating against this act, be and the same are hereby repealed.

APPROVED May 21, 1861.


Page 150

CHAP. L.--An Act to amend an act entitled "An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes and prize goods, approved May sixth, one thousand eight hundred and sixty-one."

May 21, 1861.

        Act of 6th May, 1861. ch. 3, § 10, amended.


        Pay to cruisers of private armed vessels for sinking or destroying war vessels of the enemy.


        The Congress of the Confederate States of America] do enact, That the tenth section of the above entitled act be so amended that, in addition to the bounty therein mentioned, the government of the Confederate States will pay to the cruiser or cruisers of any private armed vessel commissioned under said act, twenty per centum on the value of each and every vessel of war belonging to the enemy, that may be sunk or destroyed by such private armed vessel or vessels, the value of the armament to be included in the estimate. The valuation to be made by a board of naval officers appointed, and their award to be approved by the President, and the amount found to be due to be payable in eight per cent. bonds of the Confederate States.

        Right's and privileges conferred on inventor of armed vessels, floating batteries or defences.


        SEC. 2. That if any person who may have invented or may hereafter invent any new kind of armed vessel, or floating battery, or defence, shall deposit a plan of the same, accompanied by suitable explanations or specifications, in the navy department, together with an affidavit setting forth that he is the inventor thereof, such deposit and affidavit (unless the facts set forth therein shall be disproved) shall entitle such inventor or his assigns to the sole and exclusive enjoyment of the rights and privileges conferred by this act, reserving, however, to the government, in all cases, the right of using such invention.

APPROVED May 21, 1861.

CHAP. LI.--An Act to provide for the pay of additional officers, non-commissioned officers musicians and privates of the marine corps, to constitute a regiment, and for the additional clothing and subsistence of the non-commissioned officers, musicians and privates, for the year ending February the eighteenth, eighteen hundred and sixty-two.

May 21, 1861.

        Appropriation for additional officers, &c., of the marine corps.


        Clothing, subsistence, &c.


        The Congress of the Confederate States of America do enact, That the sum of ninety-five thousand two hundred and forty dollars be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated, for the pay of additional officers, musicians and privates of the marine corps, and subsistence for same for and during the year ending February the eighteenth, eighteen hundred and sixty-two, said sum to be appropriated as follows: one colonel, (for nine months,) two thousand dollars; lieutenant colonel, (for nine months,) eighteen hundred dollars; quartermaster, (additional,) five hundred dollars; paymaster, (additional,) five hundred dollars; adjutant, (additional,) five hundred dollars; four captains, five thousand two hundred dollars; four first lieutenants, three thousand six hundred dollars; fourteen second lieutenants, ten thousand and eighty dollars; additional non-commissioned officers and musicians, four thousand eight hundred dollars; two hundred and forty additional privates at eleven dollars per month, twenty-three thousand seven hundred and sixty dollars; additional clothing for non-commissioned officers, musicians and privates, fifteen thousand dollars; additional rations for non-commissioned officers, musicians and privates, sixty-six thousand rations at sixteen thousand five hundred dollars; additional expenses of recruiting, transportation of officers and men, five thousand dollars; pay of armories and purchase of small arms, ordnance stores, accoutrements, flags, etc., four thousand dollars; contingencies, including freight, cartage, etc., two thousand dollars.

APPROVED May 21, 1861.


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CHAP. LII.--An Act to increase the clerical force of the Treasury Department, in the bureau of second auditor.

May 21, 1861.

        Clerks in the office of the 2d auditor of the treasury department.


        Salaries.


        May be distributed among the other bureaus of the department.


        The Congress of the Confederate States of America do enact, That the clerical force in the office of second auditor of the treasury department, shall consist as follows: one chief clerk, at a salary of fourteen hundred dollars per annum; five clerks at salaries, each, of twelve hundred dollars per annum; and five clerks with salaries, each, of one thousand dollars per annum: Provided, That the Secretary of the Treasury shall have the same power to distribute said clerks among the other bureaus of the Treasury department, if in his judgment the public interest requires, as is given to him by the act "to create the clerical force of the several executive departments of the Confederate States of America," approved March seventh, eighteen hundred and sixty-one.

APPROVED May 21, 1861.

CHAP. LIII.--An Act to authorize certain debtors to pay the amounts due by them into the treasury of the Confederate States.

May 21, 1861.

        Persons indebted to individuals, &c., of the U. S., prohibited, during the war, from paying.


        The Congress of the Confederate States of America do enact, That all persons in any manner indebted to individuals or corporations in the United States of America, (except the States of Delaware, Maryland, Kentucky and Missouri, and the District of Columbia,) be and are hereby prohibited from paying the same to their respective creditors, or their agents or assignees, pending the existing war waged by that government against the Confederate States, or any one of the slaveholding States before named.

        To pay the amount into the treasury of the C. S.


        Treasurer's certificate.


        SEC. 2. Any person indebted as aforesaid shall be and is hereby authorized to pay the amount of his indebtedness into the treasury of the Confederate States, in specie or treasury notes, and shall receive from the treasurer a certificate, countersigned by the register, showing the amount paid and on what account, and the rate of interest which the same was bearing.

        Certificate to bear interest.


        When redeemable, and in what.


        SEC. 3. Such certificate shall bear like interest with the original contract, and shall be redeemable at the close of the war and the restoration of peace, in specie or its equivalent, on presentation of the original certificate.

        Repealing clause.


        SEC. 4. All laws and parts of laws militating against this act be and the same are hereby repealed.

APPROVED May 21, 1861.

CHAP. LIV.--An Act to transfer the testimony taken by commission in certain suits therein named, brought in the circuit and district courts of the United States of America to the State courts of the Confederate States, and to authorize the same to be read in said State Courts.

May 21, 1861.

        Evidence taken in suits instituted in the circuit or district courts of the U. S. recommenced in the State courts of the C. S. to be read on the trial in the State courts.


        Rules and regulations.


        The Congress of the Confederate States of America do enact, That in all cases where suits have been instituted in the circuit or district courts of the United States of America, whether at law or in equity, by a citizen or citizens of one of the Confederate States of America, against a citizen or citizens of another of the said Confederate States, and said suits or any of them shall be recommenced in the State courts of any of the Confederate States, the evidence taken, in such suits whilst pending in the circuit or district courts of the United States, by


Page 152

commission, shall be read upon the trial of such suits so recommenced in the State courts aforesaid, under such rules and regulations as obtain respectively in the State courts of the Confederate States; except that no objection shall be good and available to the execution and return of the commissions for taking testimony, which would not be good and available in the circuit or district courts of the United States from which they issued; and that all consents between parties or their attorneys, entered into touching the return and execution of commissions for taking testimony and as to the admissibility of evidence, entered into in the said suits whilst pending in the said courts of the United States, shall be valid, and obtain in the said suits so recommenced in the State courts of the Confederate States.

        Clerks of the district courts of the C. S. to transmit such testimony to the clerks of the State courts.


        Clerk's fee.


        SEC. 2. That upon the application of either party, his agent or attorney, it shall be the duty of the clerk of the district courts of the Confederate States to transmit under his hand and seal, duly certified, all the testimony taken by commission in any case so brought as aforesaid, in any of the circuit or district courts of the United States, to the clerk of the State court where the same may be recommenced, as well as all consents as aforesaid, touching the execution and return of commissions and the admissibility of testimony. That he shall receive for such service the sum of one dollar, to be paid by the party applying for the same, which sum shall be taxed in the bill of cost in the State courts, and abide the result of the suit as other costs in like cases.

        State of Arkansas to constitute two judicial districts.


        SEC. 3. Be it further enacted, That the State of Arkansas shall constitute two judicial districts, the limits and boundaries of which and the officers thereof shall be the same as existed by force of the laws of the United States when the State of Arkansas seceded from the United States; and such districts shall be known and designated as the eastern and western judicial districts of the Confederate States of America in Arkansas.

        Judge, marshal and attorneys for each district.


        Jurisdiction of the court.


        SEC. 4. Be it further enacted, That the judge, marshals and attorneys for said districts shall be appointed by the President, and that the jurisdiction exercised by said district courts and the judges thereof shall be the same in all respects as that exercised by the other district courts of the Confederate States, and judges thereof; and that the said courts shall in all respects be subject to the provisions of the act entitled "An act to establish the judicial courts of the Confederate States of America."

APPROVED May 21, 1861.

CHAP. LV.--An Act to prohibit the exhortation of cotton from the Confederate States, except through the seaports of said States; and to punish persons offending therein.

May 21, 1861.

        Export of cotton except through the seaports of the C. S., prohibited.


        Duty of marshals and revenue officers


        The Congress of the Confederate States of America do enact, That from and after the first day of June next, and during the existence of the blockade of any of the ports of the Confederate States of America by the government of the United States, it shall not be lawful for any person to export any raw cotton or cotton yarn from the Confederate States of America, except through the seaports of the said Confederate States; and it shall be the duty of all the marshals and revenue officers of the said Confederate States, to prevent all violations of this act.

        Penalty for violating this act.


        SEC. 2. If any person shall violate, or attempt to violate or evade the provisions of the foregoing section, he shall forfeit all the cotton or cotton yarn thus attempted to be illegally exported, for the use of the Confederate States; and in addition thereto he shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding


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five thousand dollars, or else imprisoned in some public jail or penitentiary for a period not exceeding six months, at the discretion of the court, after conviction upon trial by a court of competent jurisdiction.

        Informer entitled to one half proceeds of articles forfeited


        SEC. 3. Any person informing as to a violation or attempt to violate the provisions of this act, shall be entitled to one-half the proceeds of the articles forfeited by reason of his information.

        Justice may issue warrant for the seizure of cotton.


        SEC. 4. Any justice of the peace, on information under oath from any person, of a violation or attempt to violate this act, may issue his warrant and cause the cotton or cotton yarn specified in the affidavit to be seized and retained until an investigation can be had before the courts of the Confederate States.

        Steamboats, &c., used in violating his act, forfeited.


        Exportation of cotton to Mexico allowed.


        SEC. 5. Every steamboat or railroad car which shall be used with the consent of the owner or person having the same in charge, for the purpose of violating this act, shall be forfeited in like manner to the use of the Confederate States. But nothing in this act shall be so construed as to prohibit exportation of cotton to Mexico through its co-terminous frontier.

APPROVED May 21, 1861.

CHAP. LVI.--An Act to provide for the pay of the officers who have resigned from the United States navy, and whom it is proposed to add to the Confederate States navy.

May 21, 1861.

        Appropriation for pay of officers of the U. S. navy who have resigned and whom it is proposed to add to that of the C. S.


        Be it enacted by the Congress of the Confederate States of America, That the sum of three hundred and fifty-two thousand six hundred dollars be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated, to be expended in the pay of the officers who have resigned from the United States navy, and whom it is proposed to add to that of the Confederate States, said sum to be appropriated as follows: for the pay of twelve captains, on and off duty, forty thousand dollars; twenty-nine commanders, on and off duty, seventy-one thousand dollars; eighty lieutenants, one hundred and thirty-nine thousand four hundred dollars; twenty-five surgeons, including passed assisiant surgeons, fifty-six thousand two hundred dollars; twelve assistant surgeons, fourteen thousand four hundred dollars; sixteen paymasters, thirty-one thousand six hundred dollars. To pay Captains Lawrence Rousseau, Josiah Tatnall, Victor M. Randolph, and Duncan M. Ingraham, and Commander Raphael Semmes certain travelling expenses, as per resolution of March fifteenth, one thousand eight hundred and sixty-one, five hundred and ninety-three dollars.

APPROVED May 21, 1861.

CHAP. LVII.--An Act to make temporary disposition of certain railroad iron.

May 21, 1861.

        Preamble.


        WHEREAS, In furtherance of a contract between Thomas C. Bates, an alien enemy residing in the State of New York, and the Memphis, El Paso and Pacific railroad company, a large quantity of railroad iron is on deposit at New Orleans and on the Mississippi and Red rivers, intended by said contract for said road, and said alien being now incapable of carrying on his contract--

        Disposition of certain railroad iron.


        The Congress of the Confederate States of America do enact, That said Memphis, El Paso and Pacific railroad company be and is hereby authorized to take possession of said iron upon payment of duty and lawful charges, if any, and lay the same on their road, upon giving bond to the Secretary


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of the Treasury, to respond for the payment of said iron, as Congress may hereafter direct, the ultimate rights of all persons being hereby reserved until such legislation.

APPROVED May 21, 1861.

CHAP. LVIII.--An Act to provide for the cession, on the part of the State of Arkansas, of the Arsenal at Little Rock, and of Fort Smith, at the city of Fort Smith, in the State of Arkansas, to the Confederate States of America, and the acceptance of the same by the said Confederate States.

May 21, 1861.

        Preamble.


        WHEREAS, By ordinance of the Convention of the State of Arkansas, passed the eleventh day of May, one thousand eight hundred and sixty-one, herewith submitted, authority was conferred upon the delegation of the State of Arkansas to cede to the Confederate States the arsenal at Little Rock, and Fort Smith at the city of Fort Smith, in the State of Arkansas, and the grounds, buildings and appurtenances attached to each, in accordance with the terms of said ordinance, therefore--

        Acceptance of the cession of certain arsenals of the State of Arkansas.


        Deed of cession.


        The Congress of the Confederate States of America do enact, That the cession as hereinbefore recited is hereby accepted, and it is now made the duty of the Secretary of War to accept a deed of cession of the said arsenal and other property to be executed by the said delegation, and to take charge of and hold the same in the name of the government of the Confederate States of America.

APPROVED May 21, 1861.

CHAP. LIX--An Act relative to prisoners of war.

May 21, 1861.

        Prisoners of war; transfer, custody and sustenance of.


        The Congress of the Confederate States of America do enact, That all prisoners of war taken, whether on land or at sea, during the pending hostilities with the United States, shall be transferred by the captors from time to time, and as often as convenient, to the Department of War; and it shall be the duty of the Secretary of War, with the approval of the President, to issue such instructions to the Quartermaster General and his subordinates as shall provide for the safe custody and sustenance of prisoners of war; and the rations furnished prisoners of war shall be the same in quantity and quality as those furnished to enlisted men in the army of the Confederacy.

        1861, ch. 3, § 8, p. 102.


        Officers, crew, &c., of unarmed vessels not to be held as prisoners of war.


        SEC. 2. That the eighth section of the act entitled "An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes and prize goods," shall not be so construed as to authorize the holding as prisoners of war the officers or crew of any unarmed vessel, nor any passengers on such vessel, unless such passengers be persons employed in the public service of the enemy.

        1861, ch. 3, § 10, p. 102.


        When bounty allowed for prisoners captured on armed ships or vessels.


        SEC. 3. That the tenth section of the above recited act shall not be so construed, as to allow a bounty for prisoners captured on vessels of the enemy and brought into port, unless such prisoners were captured on board of an armed ship or vessel of the enemy of equal or superior force to that of the private armed vessel making the capture.

APPROVED May 21, 1861.


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CHAP. LX.--An Act for the publication of the laws.

May 21, 1861.

        Acts of Congress to be published.


        How distributed.


        The Congress of the Confederate States of America do enact, That five hundred copies of the acts of this session of Congress be published forth with in pamphlet form, to be distributed as follows: one copy to the executive of each of the Confederate States; one to each judge of the district courts of the Confederate States; one to the executive of the Confederacy; one to the head of each department and of each bureau; one to each member of Congress, and one to each clerk of the district courts; and the remainder to be kept in the office of the Department of Justice, for the further order of Congress.

APPROVED May 21, 1861.

CHAP. LXI.--An Act making appropriations for the support of the navy, for the year ending eighteenth of February, eighteen hundred and sixty-two.

May 21, 1861.

        Specific appropriations for the navy.


        The Congress of the Confederate States of America] do enact, That the following sums be and the same are hereby appropriated, for the objects hereinafter expressed, for the year ending the eighteenth of February, eighteen hundred and sixty-two:

        Navy--For purchase of nautical instruments, books and charts for Confederate States navy, five thousand five hundred dollars. For equipment and repair of vessels of Confederate States navy, one hundred thousand dollars. For laboratory for safe-keeping ordnance stores, and labor in preparing them, thirty-seven thousand dollars. For ordnance and ordnance stores, eighty thousand dollars. For "contingent enumerated," for the following purposes, viz: Freight and transportation; printing and stationery; advertising, models and drawings; repair of fire engines and hose repairs, and attending to steam engines in yards; purchase and maintenance of horses and oxen and drawing teams; carts, lumber, wheels, and the purchase and repair of workmen's tools; postage on public letters; fuel, oil and candles for navy yards and shore stations; pay of watchmen and incidental labor not chargeable to other appropriations; wharfage, dockage and rent; travelling expenses of officers and others under orders; funeral expenses; store and office rent; commissions and pay of navy agents and clerks; flags, awnings and packing boxes; books for libraries of vessels; premiums and other expenses of recruiting; apprehending deserters; per diem pay of persons attending courts martial, courts of inquiry, and other services authorized by law; pay of judge advocate; pilotage and tonnage of vessels, and assistance to vessels in distress; and for bills of health and quarantine expenses;--fifty thousand dollars. For medical supplies and surgeons' necessaries for sick of navy, engineer and marine corps, six thousand dollars.

APPROVED May 21, 1861.

CHAP. LXII.--An Act supplemental to an act to establish the Judicial Courts of the Confederate States of America.

May 21, 1861.

        When judge of district court cannot sit on trial; what proceedings.


        The Congress of the Confederate States of America do enact, That in all suits and actions in any district court of the Confederate States, in which the judge of such court may be interested, or may have been of counsel of either party, or is connected with or related to either


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party, so as to render it improper for him to sit on the trial of such suit or action, it shall be his duty to cause the fact to be entered on the records of the court; also an order that an authenticated copy thereof, and a copy of all the proceedings, orders, pleadings and papers in such suit or action, shall be forthwith certified to the most convenient district court free from like objection; which said district court, upon such record being filed with the clerk thereof, shall take cognizance thereof, in the like manner as if such suit or action had been originally commenced in said court, and shall proceed to hear and determine the same accordingly. And the jurisdiction of such district court shall extend to all such cases so removed as were cognizable in the district court from which the same were removed.

        Transfer of appeal or writ of error from district court to supreme court, where the judge of the district court rendered the decision appealed from.


        Copy of the record.


        SEC. 2. When any appeal or writ of error was pending in any of the late circuit courts of the United States, from any of the late district courts of the United States, and the judge of the present district court to which such appeal or writ of error is transferred is the same person who rendered the decree or judgment from which such appeal or writ of error was taken, then such appeal or writ of error shall be transferred to the supreme court of the Confederate States, upon the party giving bond and surety, as required by law in case of an appeal or writ of error sued out to said supreme court. And an authentic copy of the record, under the seal of the district court, shall be sent along with such bond to the said supreme court, which court shall thereupon proceed to hear and determine the same, as in other cases.

        Further time allowed parties to appeal or sue out writ of error from judgments, &c., of the late district or circuit courts of the U. S.


        SEC. 3. When in any case heretofore decided in any of the late district or circuit courts of the United States, either party had the right to appeal, or to prosecute a writ of error, so as to suspend execution, but have been prevented from so doing within the time fixed by law, by the closing of the courts on the secession of the several States, in all such cases a further period of six months from the time of holding the first term of the district court of the Confederate States in such district shall be allowed such party, within which to take an appeal or sue out a writ of error; and such appeal or writ of error shall have the same effect as if sued out or taken within the time prescribed by the former laws.

        Official bonds of clerks and marshals, where deposited.


        Suit may be maintained on a copy.


        When necessary to produce the original, and how obtained.


        SEC. 4. The official bonds of all clerks and marshals of the courts of the Confederate States shall be deposited in the Department of Justice. In case of any suit thereon, in favor or for the use either of the government or of an individual or a corporation, such suit may be maintained on a copy of such bond, authenticated by said department under its seal, in the same manner as upon the original. But if the execution of such bond shall be desired by any party thereto, by a plea of non est factum, supported by affidavit, then it shall be necessary to produce the original before the trial of such suit; and in such case the said department shall transmit the original bond, retaining a copy thereof, to the court in which such suit is pending; but the same shall be returned to the said department when the suit is ended.

        Department of Justice to provide accommodations for holding courts, and to furnish books.


        SEC. 5. Where, in any case, there is no building provided for holding a court of the Confederate States, it shall be the duty of the Department of Justice to provide suitable accommodations for holding it, and to furnish the necessary books for records and dockets for the proper conducting of the business of the court, subject in all instances to the approval of the President.

        Act of 1861, ch. 61, sec. 48, p. 85, amended.


        Either party to appeals, &c., in supreme court of U. S. may file transcript of the record. &c. in the supreme court of the C. S.


        SEC. 6. The forty-eighth section of the act to which this is a supplement shall be and the same is hereby amended, so as to permit either party to file the transcript of the record and copy of the bonds, as therein required, in the supreme court of the Confederate States,


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without dismissing the appeal or writ of error in the supreme court of the United States, where the said court refuses to dismiss the same upon motion; and that the said section be also amended so as to allow the period of twelve months from the time of the organization of the supreme court of the Confederate States for filing such transcript and bond, instead of the time in said section prescribed.

APPROVED May 21, 1861.

CHAP. LXIII--An Act relative to the library of Congress.

May 21, 1861.

        Secretary of Congress to takecharge of books purchased by the committee appointed to revise laws of the U. S.


        To sell the furniture, &c., turned over to said committee.


        The Congress of the Confederate States of America do enact, That the books purchased by the committee appointed to revise the laws of the United States, be delivered to the Secretary of Congress, and be retained by him for the use and benefit of the members of Congress; and the secretary sell the furniture and other effects belonging to the government, which shall be turned over by the committee on revision.

APPROVED May 21, 1861.

CHAP. LXIV.--An Act for the relief of district attorneys of the Confederate States in the field.

May 21, 1861.

        When district judge may appoint an attorney pro tempore.


        The Congress of the Confederate States of America do enact, That whenever a district attorney of the Confederate States may enter the military service of the Confederate States, he may, by the consent of the district judge, entered of record, appoint an attorney pro tempore during his absence.

APPROVED May 21, 1861.

CHAP. LXV.--An Act to secure copy rights to authors and composers.

May 21, 1861.

        Exclusive right of publishing, &c., vested in authors &c. and their assignees.


        Period.


        The Congress of the Confederate States of America do enact, [That] any person or persons being a citizen or citizens of the Confederate States, or resident therein, who shall be the author or authors of any book or books, map, chart or musical composition, which may be now made or composed, and not printed and published, or shall hereafter be made or composed, or who shall invent, design, etch, engrave, work, or cause to be engraved, etched or worked from his own design, any print or engraving, and the executors, administrators or legal assigns of such person or persons, shall have the sole right and liberty of printing, reprinting, publishing, and vending such book or books, map, chart or musical composition, print, cut or engraving, in whole or in part, for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed.

        Copy of title to be deposited with the clerk of the district court.


        Record thereof.


        Fees.


        Copy to be delivered within three months from publication.


        List and copies to be annually transmitted to the State department.


        SEC. 2. No person shall be entitled to the benefit of this act, unless he shall, before publication, deposit a printed copy of the title of such book or books, map, chart, musical composition, print, cut or engraving, in the clerk's office of the district court of the district wherein the author or proprietor shall reside. And the clerk of such court is hereby directed and required to record the same thereof forthwith, in a book to be kept for that purpose, in the words following (giving a copy of the title, under the seal of the court, to the said author or proprietor, whenever


Page 158

he shall require the same): District of [blank] to-wit: Be it remembered that on the[blank] day of[blank] Anno Domini,[blank] , A B, of the said district hath deposited in this office the title of a book (map, chart or otherwise as the case may be), the title of which is in the words following, to-wit (here insert the title): the right whereof he claims as author (or proprietor as the case may be), in conformity with an act of Congress entitled "An act to secure copy rights to authors and composers." C D, clerk of the district." For which record the clerk shall be entitled to receive from the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually given to such person or his assigns. And the author or proprietor of any such book, map, chart, musical composition, print, cut or engraving, shall, within three months from the publication of said book, map, chart, musical composition, print, cut or engraving, deliver or cause to be delivered a copy of the same to the clerk of said district. And it shall be the duty of the clerk of each district court, at least once in every year, to transmit a certified list of all such records of copy-right, including the titles so recorded, and the dates of record; and also all the several copies of books or other works deposited in his office according to this act, to the Secretary of State, to be preserved in his office.

        Notice of copyright to be printed on title page, &c.


        SEC. 3. No person shall be entitled to the benefit of this act, unless he shall give information of copy-right being secured, by causing to be inserted in the several copies of each and every edition published during the term secured, on the title page, or page immediately following, if it be a book, or if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof; or if a volume of maps, charts, music or engravings, upon the title or frontispiece thereof, the following words, viz.: "Entered according to act of Congress, in the year [blank] by A B, in the clerk's office of the district court of[blank] , (as the case may be.)

        Copies to be sent to department of State.


        SEC. 4. The author or proprietor of any book, map, chart, musical composition, print, cut or engraving, for which a copy-right shall be secured under the existing acts of Congress, or those which shall hereafter be enacted respecting copy-rights, shall, within three months from the publication of said book, map, chart, musical composition, print, cut or engraving, deliver or cause to be delivered one copy of the same to the Department of State, for the use of Congress.

        When copyright to be renewed.


        Record.


        SEC. 5. If, at the expiration of the aforesaid term of years, such author, inventor, designer, engraver, or any of them, when the work had been originally composed and made by more than one person, be still living, and a citizen or citizens of the Confederate States, or resident therein, or being dead, shall have left a widow or child or children, either or all of them living, the same exclusive right shall be continued to such author, designer or engraver; or if dead, then to such widow and child or children, for the further term of fourteen years: Provided, That the title of the work so secured shall be a second time recorded, and all such other regulations as are herein required in regard to original copy-rights, be complied with in respect to such renewed copy-right, and that within six months before the expiration of the first term.

        Copy of record to be published.


        SEC. 6. In all cases of renewal of copy-right under this act, such author or proprietor shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more of the newspapers printed in the Confederate States, for the space of four weeks.

        Assignments to be acknowledged and recorded.


        SEC. 7. All deeds or instruments in writing for the transfer or assignments of copy-rights, being proved or acknowledged in such manner as deeds for the conveyance of land, are required by law to be proved or


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acknowledged in the same State or district, shall and may be recorded in the office where the original copy-right is deposited and recorded; and every such deed or instrument that shall in any time hereafter be made and executed, and which shall not be proved or acknowledged and recorded as aforesaid, within sixty days after its execution, shall be judged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration without notice.

        Fees for recording.


        SEC. 8. The clerk of the district court shall be entitled to such fees for performing the services herein authorized and required, as he is entitled to for performing like services under existing laws of the Confederate States.

        Jurisdiction of the district courts.


        Power to grant injunctions.


        Writ of error or appeal.


        SEC. 9. The district courts of the Confederate States shall have original cognizance, as well in equity as at law, of all actions, suits, controversies and cases arising under any law of the Confederate States, granting or confirming to authors or investors, the exclusive right to their respective writings, inventions and discoveries; and upon any bill in equity filed by any party aggrieved in any such cases, shall have authority to grant injunctions, according to the course and principles of courts of equity to prevent the violation of the rights of any authors or inventors, secured to them by any laws of the Confederate States, on such terms and conditions as the said courts may deem fit and reasonable: Provided, however, That from all judgments and decrees of any district courts, rendered in the premises, a writ of error or appeal, as the case may require, shall lie to the supreme court of the Confederate States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of such district courts, without regard to the amount of the decree, verdict or judgment appealed from.

        Penalty for violation of copyright.


        SEC. 10. If any other person or persons, from and after the recording of the title of any book or books, according to this act, shall, within the term or terms herein limited, print, publish or import, or cause to be printed, published or imported, any copy of such book or books, without the consent of the person legally entitled to the copy-right thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold or exposed to sale, any copy of such book without such consent in writing, then such offender shall forfeit every copy of such book to the person legally at the time entitled to the copy-right thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed or printing, published, imported or exposed to sale, contrary to the intent of this act; the one moiety thereof to such legal owner of the copy-right as aforesaid, and the other to the use of the Confederate States; to be recovered by action of debt in any court having competent jurisdiction thereof.

        For infringement as to prints, maps, charts and musical compositions.


        SEC. 11. If any person or persons, after the recording the title of any print, cut or engraving, map, chart or musical composition, according to the provisions of this act, shall, within the term or terms limited by this act, engrave, etch or work, sell or copy, or cause to be engraved, etched, worked or sold, or copied, either in the whole, or by varying, adding to, or diminishing the main design, with intent to evade the law; or shall print or import for sale, or cause to be printed or imported for sale, any such map, chart, musical composition, print, cut or engraving, or any parts thereof, without the consent of the proprietor or proprietors of the copy-right thereof, first obtained in writing, signed in the presence of two credible witnesses, or knowing the same to be so printed or imported without such consent as aforesaid, then such offender or offenders


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shall forfeit the plate or plates on which such map, chart musical composition, engraving, cut or print shall be copied, and also all and every sheet thereof so copied or printed as aforesaid, to the proprietor or proprietors of the copy-right thereof; and shall further forfeit one dollar for every shect of such map, chart, musical composition, print, cut or engraving, which may be found in his or their possession, printed or published, or exposed to sale, contrary to the true intent and meaning of this act; the one moiety thereof to the proprietor or proprietors, and the other moiety to the use of the Confederate States; to be recovered in any court having jurisdiction thereof.

        Printing, &c., of works of aliens, not prohibited.


        SEC. 12. Nothing in this act shall be construed to extend to prohibit the importation or vending, printing or publishing, of any map, chart, musical composition, print or engraving, written, composed or made, by any person not being a citizen of the Confederate States, nor resident within the jurisdiction thereof, except as hereinafter provided for.

        Penalty for unauthorized publication of manuscript.


        Courts may grant injunctions.


        SEC. 13. Any person or persons who shall print or publish any manuscript whatever, without the consent of the author or legal proprietor first obtained as aforesaid (if such author or proprietor be a citizen of the Confederate States, or resident therein), shall be liable to suffer and pay the author and proprietor all damages occasioned by such injury; to be recovered by a special action on the case founded upon this act, in any court having cognizance thereof: And the several courts of the Confederate States empowered to grant injunctions to prevent the violation of the rights of authors and inventors, are hereby empowered to grant injunctions in like manner, according to the principles of equity, to restrain such publication of any manuscript as aforesaid.

        Copyright in dramatic compositions to include the exclusive right of representation.


        Damages for violation.


        Prior rights to be protected.


        SEC. 14. Any copy-right hereafter granted under the laws of the Confederate States, to the author or proprietor of any dramatic composition, designed or suited for public representation, shall be deemed and taken to confer upon the said author or proprietor, his heirs or assigns, along with the sole right to print and publish the said composition, the sole right also to act perform or represent the same, or cause it to be acted, performed or represented, on any stage or public place, during the whole period for which the copy-right is obtained; and any manager, actor or other person acting, performing or representing the said composition, without or against the consent of the said author or proprietor, his heirs, or assigns, shall be liable for damages, to be sued for and recovered by action on the case or other equivalent remedy, with costs of suit, in any court of the Confederate States. Such damages in all cases to be rated and assessed at such sum not less than one hundred dollars for the first, and fifty dollars for every subsequent performance, as to the court having cognizance thereof shall appear to be just: Provided, nevertheless, That nothing herein enacted shall impair any right to act, perform or represent a dramatic composition as aforesaid, which right may have been acquired, or shall in future be acquired by any manager, actor or other person previous to the securing of the copy-right for the said composition, or to restrict in any way the right of such author to process in equity in any court of the Confederate States, for the better and further enforcement of his right.

        Person sued, &c., may plead general issue, and give special matter in evidence.


        SEC. 15. If any person or persons shall be sued or prosecuted for any matter, act or thing done under or by virtue of this act, he or they may plead the general issue, and give the special matter in evidence.

        Penalty for publication of pretended copyright.


        SEC. 16. If any person or persons from and after the passing of this act, shall print or publish any book, map, chart, musical composition, print, cut or engraving, not having legally acquired the copy-right thereof, and shall insert or impress that the same hath been entered according to act of Congress, or words purporting the same, every person so offending shall


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forfeit and pay one hundred dollars; one moiety thereof to the person who shall sue for the same, and the other to the use of the Confederate States; to be recovered by action of debt in any court of record having cognizance thereof.

        Limitation of actions.


        SEC. 17, No action or prosecution shall be maintained in any case of forfeiture or penalty under this act, unless the same shall have been commenced within two years after the cause of action shall have arisen.

        Privileges of this act extended to foreigners on certain conditions


        On failure to comply with conditions, privilege to cease.


        SEC. 18. Be it further enacted, That all the rights and privileges allowed by this act to authors, composers and designers, citizens of the Confederate States, be and are hereby extended to authors, composers and designers, citizens or subjects of any foreign State or power, by whose laws like rights and privileges are granted to the citizens of this Confederacy, on the following conditions, viz.: First, that copy-rights shall be applied for in this Confederacy within four months from the time of the publication of the original in the foreign State to which the applicant owes allegiance. Second, that the actual and bona fide publication of the book or other thing for which copy-right is sought, shall be commenced within the limits of this Confederacy within six months from the date of the granting of such copy-rights. On failure to comply with either of these conditions, all the rights and privileges attaching to the copy-right granted, shall cease and be of no effect.

        Reprints or publications prohibited from sale in the C. S.


        Penalty.


        SEC. 19. Be it further enacted, That all reprints or publications of books, maps, charts, musical and other compositions and designs, for which copy-rights may be granted under the provisions of the foregoing section, made or had in any State or country, denying the privilege of copy-right to the author, composer or designer thereof, shall not be introduced for sale into the Confederate States; and any person introducing or selling such reprints, shall be liable to all the penalties herein before prescribed for a violation of copy-rights.

        Commencement of act.


        SEC. 20. Be it further enacted, That this act take effect and be in force from and after its passage.

APPROVED May 21, 1861.

CHAP. LXVI.--An Act assigning the judge, district attorney and marshal for the district of Texas, to the Eastern district of said State.

May 21, 1861.

        The judge district attorney and marshal for the district of Texas, assigned to the Eastern district of said State.


        The Congress of the Confederate States of America do enact, That the district judge, heretofore denominated the district judge for the district of Texas, be hereafter denominated the district judge for the Eastern district of Texas; and that the district attorney heretofore denominated the district attorney for the district of Texas, be hereafter denominated the district attorney for the Eastern district of Texas; and the marshal heretofore denominated the marshal for the district of Texas, be hereafter denominated the marshal for the Eastern district of Texas.

APPROVED May 21, 1861.

CHAP. LXVII.--An Act making appropriation to defray the expenses of removing the seat of government to Richmond, Virginia.

May 21, 1861.

        Appropriation to defray the expenses of removing the seat of government, &c.


        The Congress of the Confederate States of America do enact, That the following appropriation is made, out of any money in the treasury not otherwise appropriated, for the object hereafter expressed, for the year


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ending eighteenth of February, eighteen hundred and sixty-two: For rent of executive buildings and President's house, furniture, expenses of packing books and records, railroad freight on furniture, books and records of the government, from Montgomery to Richmond, drayage and incidental and contingent expenses attending the removal, forty thousand dollars.

APPROVED May 21, 1861.


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RESOLUTIONS.

[No. 1.] A resolution of thanks to Brigadier General G. T. Beauregard and the army under his command, for their conduct in the affair of Fort Sumter.

May 4, 1861.

        Thanks to Brigadier General G. T. Beauregard and the officers under his command, and to the troops of South Carolina.


        Be it unanimously resolved by the Congress of the Confederate States of America, That the thanks of the people of the Confederate States are due, and through this Congress are hereby tendered, to Brigadier General G. T. Beauregard and the officers, military and naval, under his command, and to the gallant troops of the State of South Carolina, for the skill, fortitude and courage by which they reduced and caused the surrender of Fort Sumter, in the harbor of Charleston, on the twelfth and thirteenth days of April, eighteen hundred and sixty-one. And the commendation of Congress is also hereby declared of the generosity manifested by their conduct towards a brave and vanquished foe.

        Copy of this resolution to be communicated by the President.


        Be it further resolved, That a copy of this resolution be communicated by the President to General Beauregard, and through him to the army then under his command.

APPROVED May 4, 1861.

[No. 2.] A resolution to extend the provisions of a resolution approved March 4, 1861.

May 4, 1861.

        Resolution of March 4, 1861, relating to patents, &c., extended to citizens of all slave States.


        Resolved by the Congress of the Confederate States of America, That the resolution passed by this Congress, and approved March the fourth, eighteen hundred and sixty-one, in relation to patents and caveats, be extended to citizens of all the slaveholding States.

APPROVED May 4, 1861.

[No. 3.] A resolution in regard to military expenditures made by the State of South Carolina.

May 10, 1861.

        Certain military expenditures made by South Carolina to be audited and paid.


        Resolved by the Congress of the Confederate States of America, That the expenditures made by the State of South Carolina for the pay and maintenance of the troops employed in the defence of Charleston harbor, under the command of Brigadier General Beauregard, were intended to be provided for by an act making appropriations for the support of three thousand men, for twelve months, to be called into service at Charleston, South Carolina, under the third and fourth sections of an act of the Congress, to raise provisional forces for the Confederate States of America, and for other purposes; and that the amount of such expenditures be audited by the proper officer of the Treasury Department, and that the amount which shall be found due be paid to the State of South Carolina, from the appropriation made by the act aforesaid.

APPROVED May 10, 1861.

[No. 4.] A resolution in relation to marine hospitals.

May 16, 1861.

        Expenses of marine hospitals limited.


        Secretary of the Treasury may place them under the charge of any corporate or State authority.


        Resolved by the Congress of the Confederate States of America, That the expenses of the marine hospitals in the Confederate States be limited


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to the amounts received for their support; and that the Secretary of the Treasury be authorized to place any of such hospitals, as may be practicable, under the charge of any corporate or State authority which will undertake to keep open the same as a hospital for the sick, and to receive therein such seamen as the funds allowed by law for their support will enable them to provide for.

APPROVED May 16, 1861.

[No. 5.] A resolution in relation to imports from the States of Virginia, North Carolina Tennessee and Arkansas.

May 17, 1861.

        Imports from certain States exempted from duties.


        Resolved, That all imports from the States of Virginia, North Carolina, Tennessee and Arkansas, be exempted from the payment of duties; and that this exemption extend to imports from the said States, now in warehouse.

APPROVED May 17, 1861.

[No. 6.] A resolution in relation to certain accounts.

May 21, 1861.

        Payment out of contingent fund for work done and furniture for the executive office and buildings.


        Resolved by the Congress of the Confederate States of America, That the Secretary of the Treasury be authorized to pay, out of the contingent fund of the Treasury Department, all accounts contracted for work done or furniture provided for the use of the executive office, or in the executive buildings, not properly chargeable to the contingent fund of either of the other departments.

APPROVED May 21, 1861.

[No. 7.] A resolution rescinding a resolution providing for a digest of laws, approved March twelfth, eighteen hundred and sixty-one.

May 21, 1861.

        Resolution of March 12, 1861. providing for a digest of laws, rescinded.


        1. Resolved by the Congress of the Confederate States of America, That the resolution approved March twelfth, eighteen hundred and sixty-one, providing for a digest of laws be, and the same is hereby, rescinded.

        Allowance to members of the committee under said resolution.


        2. Resolved, That W. P. Chilton and John Hemphill, committee of this Congress appointed under the resolution rescinded, be allowed eight dollars per day for their attendance as said committee during the recess of Congress, to be ascertained and paid as the per diem of members of Congress in session.

        Committee to deposit the digest, materials, &c., in attorney general's office.


        3. Resolved, That the committee aforesaid be and they are hereby required to deposit in the office of the Attorney General the digest, so far as it has progressed, with the materials collected by them, with a statement or report explanatory thereof.

APPROVED May 21, 1861.

[No. 8.] A resolution in regard to the clerical department of Congress.

May 21, 1861.

        Secretary of Congress authorized to employ additional clerical force.


        Resolved by the Congress of the Confederate States of America, That the secretary of the Congress be authorized to employ such additional clerical force as may be necessary to dispatch the business of his office during the remainder of the session, at six dollars per day each.

APPROVED May 21, 1861.


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[No. 9.] A resolution to provide for the removal of the seat of government.

May 21, 1861.

        Removal of the seat of government.


        Resolved by the Congress of the Confederate States of America, That this Congress will adjourn on Tuesday next, to meet again on the twentieth day of July, at Richmond, Virginia; and that a committee of three members of this Congress be appointed to make suitable arrangements for the accommodation of this Congress, and of the several executive departments.

        Resolved, further, That the President be and he is hereby authorized to cause the several executive departments, with the archives thereof, to be removed at such time between this and the twentieth day of July next, as he may determine, to Richmond: Provided, however, That in case of any public emergency which may, in the judgment of the President, render it impolitic to meet in Richmond, the President shall have power by proclamation to call the Congress together at some other convenient place to be selected by him.

APPROVED May 21, 1861.

[No. 10.] A resolution in reference to printing the tariff act, and other documents conected therewith.

May 21, 1861.

        Certain number of copies of the tariff act, and of the comparative statements of duties under certain acts, to be printed.


        Resolved, That five hundred copies of the tariff act be printed for the use of Congress, and also five hundred copies of a comparative statement of the rates of duty under the United States tariff of eighteen hundred and fifty-seven, the Confederate States tariff just established, and the United States tariff now in force, be printed under the authority of the Secretary of the Treasury.

APPROVED May 21, 1861.

[No. 11.] A resolution regulating the payment of unadjusted accounts.

May 21, 1861.

        Accounts against Congress to be paid out of the contingent fund.


        Statement thereof, by secretary, to Congress.


        Resolved by the Congress of the Confederate States of America, That any account against the Congress left unadjusted at this session by the committee on accounts, shall be paid out of the contingent fund, if found to be just, by the first auditor of the treasury and the secretary of Congress, and on their joint certificates; and, and the Secretary be required to submit a detailed statement thereof to the Congress, at its next session.

APPROVED May 21, 1861.

[No. 12.] A resolution to confer certain powers on the Secretary of the Treasury.

May 21, 1861.

        Secretary of Treasury to sell the unexpired lease of the President's house and buildings used for the departments, &c.


        Resolved by the Congress of the Confederate States of America, That the Secretary of the Treasury take measures for selling the unexpired lease of the President's house and of the buildings used for the departments, or for being releived from any portion of the rent, as soon as the seat of government shall have been removed; and that he cause all furniture no longer wanted to be sold.

APPROVED May 21, 1861.


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PRIVATE ACT OF THE PROVISIONAL CONGRESS
OF THE
CONFEDERATE STATES.

        Passed at the second session of the Provisional Congress, which was begun and held at the city of Montgomery, on Monday, the twenty-ninth day of April, 1861, and ended on the twenty-first day of May, 1861.

JEFFERSON DAVIS, President. ALEXANDER H. STEPHENS, Vice-President of the Confederate States. HOWELL COBB, President of the Congress.

CHAP. I.--An Act to make temporary disposition of certain railroad iron.

May 21, 1861.

        Preamble.


        WHEREAS, In furtherance of a contract between Thomas C. Bates, an alien enemy residing in the State of New York, and the Memphis, El Paso and Pacific railroad company, a large quantity of railroad iron is on deposit at New Orleans and on the Mississippi, and Red rivers, intended by said contract for said road, and said alien being now incapable of carrying on his contract--

        Disposition of certain railroad iron.


        The Congress of the Confederate States of America do enact, That said Memphis, El Paso and Pacific railroad company be and is hereby authorized to take possession of said iron upon payment of duty and lawful charges, if any, and lay the same on their road, upon giving bond to the Secretary of the Treasury, to respond for the payment of said iron, as Congress may hereafter direct, the ultimate rights of all persons being hereby reserved until such legislation.

APPROVED May 21, 1861.


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PUBLIC ACTS OF THE PROVISIONAL CONGRESS
OF THE
CONFEDERATE STATES.

        Passed at the third session of the Provisional Congress, which was begun and held at the city of Richmond, on Saturday, the twentieth day of July, 1861, and ended on the thirty-first day of August, 1861.

JEFFERSON DAVIS, President. ALEXANDER H. STEPHENS, Vice-President of the Confederate States. HOWELL COBB, President of the Congress.

STATUTE III.

CHAP. I.--An act to authorize the appointment of agents to sign treasury notes.

July 24, 1861.

        Officers to be appointed, to assist in signing, & c treasury notes.


        The Congress of the Confederate States of America] do enact, That the Secretary of the Treasury is authorized to appoint officers to assist the register and treasurer in preparing and signing such treasury notes as are already authorized, or may hereafter be authorized by act of Congress; and the signature of any such officer in behalf of the register or of the treasurer, shall be as effectual to all intents and purposes, as if the same had been made by the register or the treasurer in person.

APPROVED, July 24, 1861.

CHAP. II.--An act relating to the pre-payment of postage in certain cases.

July 29, 1861.

        Mail matter may be sent by officers, &c. of the army, without pre-payment of postage.


        How to be endorsed.


        The Congress of the Confederate States of America do enact, That all letters and other matter authorized by law to be transmitted through the mails, written or sent by any officer, musician or private of the army, engaged in the actual service of the Confederate States, may be transmitted through the mails to any other place in the Confederate States, without pre-payment of postage, but leaving such postage to be collected upon the delivery of such letters or other matter: Provided, nevertheless, That in all such cases, the letters and other mail matter so sent shall be endorsed with the name, and shall be on account of the individual sending the same, and shall contain a description of the party who sends the same, by endorsement of his military title, if an officer, or of the company and regiment to which he belongs, if a musician or private.

        Forwarding of letters, &c. in case of removal, free of additional postage.


        SEC. 2. That letters and other mail matter sent to any officer, musician or private in the Confederate States army, at any point from which the


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said officer, musician or private may have been lawfully removed, shall be forwarded to the person to whom directed, at the post-office nearest which he may have been removed, free of additional postage.

        Pre-payment of postage not required on letters sent by members of Congress.


        SEC. 3. That on letters transmitted by a member of Congress, with his official signature endorsed on the same, pre-payment of postage shall not be required, but the same may be paid on delivery of the letters thus transmitted.

        Penalty for violating this act.


        SEC. 4. Any person attempting to violate the provisions of this act shall be guilty of a misdemeanor, and shall forfeit and pay the sum of twenty dollars, to be recovered before any justice of the peace having cognizance thereof.

APPROVED July 29, 1861.

CHAP. III.--An act further to amend an act entitled "An act to establish the judicial courts of the Confederate States of America."

July 31, 1861.

        Repeal of so much of the act of March 16, 1861, ch. 61, as directs the holding of a session of the supreme court, in January, 1862.


        When the court to be held.


        The Congress of the Confederate States of America do enact, That so much of the act approved March sixteen, eighteen hundred and sixty-one, entitled "An act to establish the judicial courts of the Confederate States of America," as directs the holding of a session of the supreme court of the Confederate States in January next, be, and the same is hereby repealed; and no session of the supreme court shall be held until that court shall be organized under the provisions of the permanent Constitution of the Confederate States, and the laws passed in pursuance thereof.

        Writs of error and appeal from district court, before organization of supreme court, when returnable.


        SEC. 2. All writs of error and appeals taken or prosecuted from the district courts of the Confederate States, prior to the organization of the supreme court, under the permanent Constitution, shall be made returnable on the second Monday of the first term to be held by the supreme court, after its establishment under the permanent Constitution.

        By whom and how issued.


        SEC. 3. It shall be lawful for the clerks of the several district courts to issue writs of error under the seal of said district courts, returnable to the supreme court, in the same manner, as nearly as may be, as the clerk of the supreme court may, by law, issue such writs, and with the same force and effect as if issued by said clerk of the supreme court.

        Jurisdiction of district courts under the revenue laws.


        [SEC. 4.] The jurisdiction of the district courts of the Confederate States, shall extend to all cases in law or equity arising under the revenue laws of the Confederate States, for which other provisions are not already made by law; and, if any person shall receive any injury to his person or property, for, or on account of any act by him done, under any law of the Confederate States, for the protection or collection of the revenue, he shall be entitled to maintain suit for damage therefor, in the district court of the Confederate States, under whose jurisdiction the party doing the injury may reside.

APPROVED July 31, 1861.

CHAP. IV.--An act relative to money deposited in the registries and receivers of the courts.

August 1, 1861.

        Moneys heretofore paid into the registries and receivers of the courts, to be withdrawn and deposited in the treasury.


        The Congress of the Confederate States of America do enact, That all moneys heretofore paid into the registries and receivers of the several courts of the United States, formerly existing in these Confederate States,


Page 169

shall be deposited in the treasury of the Confederate States; and it shall be the duty of the judges of the several courts of the Confederate States, now having jurisdiction over the disposal of the said sums of money, to withdraw the same from the registries and receivers of the courts, and pay the amount thereof to the Secretary of the Treasury.

        Secretary of the Treasury to issue bonds in lieu of the moneys withdrawn.


        When, and to whom the bonds made payable.


        SEC. 2. It shall be the duty of the Secretary of the Treasury to issue, in lieu of the amounts of money paid to him as aforesaid, an equal amount in bonds of these Confederate States, bearing interest at five per centum per annum, divided into such sums as shall be required by the judges making the payment; the capital and interest of said bonds being made payable only when payment thereof shall be ordered by a decree of the court having jurisdiction over the disposal thereof. Said bonds shall be made payable to the order of the judge of the court by whom the payment is made into the treasury, and of his successors in office; and it shall be the duty of the Secretary of the Treasury to make payment of said bonds and all accruing interest, on demand and presentation thereof, accompanied by a duly certified copy of the order of court directing such payment.

        Moneys hereafter deposited, remaining undisposed of, to be likewise transferred, &c.


        SEC. 3. That all sums of money deposited in the registries and receivers of the several courts of these Confederate States, or that may hereafter be so deposited, shall, if remaining undisposed of during six months from the date of the deposite, be transferred in like manner as is above provided, to the treasury of the Confederate States, and be replaced by bonds to be issued in like manner, and payable on the like terms and conditions, in all respects, as provided in the second section of this act.

APPROVED August 1, 1861.

CHAP. V.--An act to authorize the distribution of the proceeds of the sale of the A. B. Thompson, condemned as a prize.

August 1, 1861.

        Proceeds of the sale of the ship A. B. Thompson, condemned as a prize, to be distributed.


        The Congress of the Confederate States of America do enact, That the proceeds of the sale of the ship A. B. Thompson, taken by the Confederate States ship of war, the Lady Davis, and condemned as a prize, under a decree of the Confederate States court, for the district of South Carolina, when paid into the treasury, shall be distributed by the Secretary of the Navy, according to the provisions of the act of the United States of April twenty-third, eighteen hundred, entitled "An act for the better government of the navy of the United States," and made of force by an act of the Congress of the Confederate States, of February ninth, eighteen hundred and sixty-one, entitled "An act to continue in force certain laws of the United States of America," rating captain Elliott and his detachment--declared joint captors by the said decree--as marines, according to their respective ranks.

APPROVED August 1, 1861.

CHAP. VI.--An act to amend "An act to establish the judicial courts of the Confederate States of America."

August 1, 1861.

        Mileage allowed district attorneys.


        Act of 1861, ch. 61, § 31, ante p. 81.


        The Congress of the Confederate States of America do enact, That the provision in the thirty-first section of the "Act to establish the judicial courts of the Confederate States of America," which allows mileage to the district attorney, shall be modified to read as follows, namely: "and when there are two or more divisions in the district for which he is appointed,


Page 170

he shall be allowed mileage at the rate of ten cents per mile, for going to and returning from the court which is most distant from his place of residence; to be computed on the most usual line of travel."

APPROVED AUGUST 1, 1861.

CHAP. VII.--An act to make provision for the care of supplies for the sick and wounded.

August 2, 1861.

        Secretary of War to appoint clerk to take charge of and distribute articles for the sick and wounded.


        Salary.


        Place for the safe keeping, &c., of the articles.


        The Congress of the Confederate States of America do enact, That the Secretary of War shall forthwith appoint a clerk in the office of the Surgeon General, to take charge of all hospital supplies and other articles which may be contributed for the use of the sick and wounded; and the same to dispose of, according to the wishes of the contributors, under the direction of the medical department of the army; the salary of the said clerk not to exceed one thousand dollars; and the said clerk shall be authorized, under the direction of the Surgeon General, to procure and fit up a proper place for the safe keeping and proper disposal of the said articles.

APPROVED August 2, 1861.

CHAP. VIII.--An act to provide for an additional field officer to volunteer battalions, and for the appointment of assistant adjutants general for the provisional forces.

August 2, 1861.

        Act 1861, March 6, ch. 26, § 8, p. 46, amended.


        Certain battalions of volunteers allowed two field officers.


        Rank of officers.


        Be it enacted by the Congress of the Confederate States of America, That the eighth section of the act of March sixteenth, eighteen hundred and sixty-one, "to provide for the public defence," be, and the same is hereby, so far amended that whenever battalions of volunteers in the service of the Confederate States shall consist of not less than six companies, there may be allowed, in the discretion of the President, to each battalion so constituted, two field officers, one with the rank of lieutenant colonel and the other with the rank of major.

        Assistant adjutants general may be appointed for volunteer forces.--Their rank and pay.


        SEC. 2. That the President be, and he is hereby, authorized to appoint for the volunteer forces in the Confederate service, as many assistant adjutants general as the service may require, whose rank shall correspond with the rank of the assistant adjutants general in the regular army, and who shall receive the same pay and allowances, according to their respective grades.

APPROVED August 2, 1861.

CHAP. IX.--An Act to extend the provisions of an act entitled "An act to prohibit the exportation of cotton from the Confederate States, except through the seaports of said States, and to punish persons offending therein," approved May twenty-one, eighteen hundred and sixty-one.

August 2, 1861.

        Act of 1861, May 21, ch. 55. prohibiting exportation of cotton, except, &c., extended to other articles.


        The Congress of the Confederate States of America do enact. That the provisions of the above recited act be, and the same are hereby extended, and made applicable to the exportation of tobacco, sugar, rice, molasses, syrup and naval stores, from the Confederate States, from and after the tenth day of August next.

APPROVED August 2, 1861.


Page 171

CHAP. X.--An Act to amend an act entitled "An act to make further provisions for the public defence," approved eleventh May one thousand eight hundred and sixty-one; and to amend an act entitled "An act to increase the military establishment of the Confederate States;" and to amend the "Act for the establishment and organization of the army of the Confederate States of America."

August 3, 1861.

        Amendment of certain acts--1861. May 11, ch. 8, § 3, p. 166. 1881, May 16, ch. 22, § 9, p. 115.


        President may appoint civilians as staff officers. Their rank and pay.


        The Congress of the Confederate States of America do enact, That the third section of the act entitled "An act to make further provision for the public defence," approved eleventh May, one thousand eight hundred and sixty-one, be amended by striking out of said section the words, "detailed from the regular army;" and further, that the ninth section of the act entitled "An act to increase the military establishment of the Confederate States," and to amend the "Act for the establishment and organization of the army of the Confederate States of America," approved sixteenth May, one thousand eight hundred and sixty-one, be amended, by adding thereto the following clause: "and that the President may, in his discretion, upon the application and recommendation of a major general, or brigadier general, appoint from civil life persons to the staff of such officer, who shall have the same rank and pay as if appointed from the army of the Confederate States."

APPROVED August 3, 1861.

CHAP. XI.--An Act to amend an act in relation to the issue of treasury notes.

August 3, 1861.

        Preamble.


        WHEREAS, By an act of Congress, approved the ninth March, one thousand eight hundred and sixty-one, the Secretary of the Treasury is authorized to issue certain treasury notes in lieu of a first issue of such notes; and it is provided that the whole issue shall at no time exceed one million of dollars; and it is deemed advisable now to remove the restriction: [Therefore]--

        Treasury notes authorized by the act of 1861, March 9, ch. 33, p. 55, may be issued at any time.


        The Congress of the Confederate States of America do enact, That the other treasury notes authorized to be issued by the Secretary of the Treasury, under the provisions of the said act, may be issued by him at any time, with the approbation of the President, either before or after the calling in of the first notes: Provided, That the whole issue outstanding at any one time shall not exceed two millions of dollars.

APPROVED August 3, 1861.

CHAP. XII.--An Act to amend "An act to provide revenue from commodities imported from foreign countries," approved May twenty-one, one thousand eight hundred and sixty-one.

August 3, 1861.

        Amendment of the act of May 21, 1861, ch. 44, to provide revenue from imports.


        The Congress of the Confederate States of America do enact, That the following alterations and amendments be and the same are hereby made to the "Act to provide revenue from commodities imported from foreign countries," approved May twenty-one, one thousand eight hundred and sixty-one, to-wit: That the words "carbonate of soda," and the words "paving and roofing tiles and bricks, and roofing slates and fire bricks," in schedule C of said act, be and the same are hereby stricken out of and repealed in said schedule, and that in the same schedule C, in the enumeration of the various kinds of iron, after the word "slabs," the words "sheet or other form," are hereby inserted and made part of said schedule; and in schedule D of said act, the terms "lac sulphur," and "sulphur, flour of," be, and the same are hereby,


Page 172

stricken out of and repealed in said schedule. And the terms "terra japonica and catechu" are hereby transferred from schedule D to schedule E, they being considered in commerce as the same articles of merchandize as cutch, which is enumerated in schedule E of said act.

APPROVED August 3, 1861.

CHAP. XIII.--An Act to amend an act entitled "An act making appropriations for the support of the navy, for the year ending fourth February, eighteen hundred and sixty-two."

August 3, 1861.

        Act of 1861, March 15, ch. 55. making appropriations for the support of the navy, amended.


        Appropriation for the pay of officers and others at the navy yard at Norfolk.


        The Congress of the Confederate States of America do enact, That the eighth item of said act be so amended that thirty thousand dollars be deducted from the appropriation of fifty-four thousand three hundred and sixty-three dollars therein made for the pay of officers and others at the navy yard at Pensacola, and be appropriated to the same objects at the navy yard at Norfolk.

APPROVED August 3, 1861.

CHAP. XIV.--An Act to provide for the safe custody, printing, publication and distribution of the laws, and to provide for the appointment of an additional clerk in the Department of Justice.

August 5, 1861.

        Bills and resolutions to be deposited in Department of Justice.


        The Congress of the Confederate States of America do enact, That all bills and resolutions passed by the Congress and approved and signed by the President, or which may otherwise become laws, shall be deposited in the Department of Justice, and the originals carefully preserved in said Department.

        Publication of, in the public gazettes.


        Compensation for publishing.


        SEC. 2. It shall be the duty of the attorney general, as soon as conveniently may be, after he shall receive the same, to select from the laws, orders and resolutions passed at each session, such as may be of a public nature, and as in his judgment, require early publication, and cause the same to be inserted, weekly, for one month, in one public gazette published at the seat of government in each State, and shall also publish all the laws in two gazettes published at the capital of the Confederate States; and the compensation for this publication shall not exceed one dollar and a half per page, estimated according to Little and Brown's edition of the laws of the United States.

        Laws and resolutions and treaties to be published at the close of each session.


        Arrangement.


        Number of copies, style, paper and binding.


        Number to be bound.


        Index.


        SEC. 3. It shall be the duty of the attorney general, at the close of each session of Congress, to cause all the laws and resolutions having the force of laws, and all treaties entered into by the Confederate States, to be published under the supervision of the superintendent of public printing. The laws shall be arranged in the order of their date; shall have marginal notes to each section; shall be fully indexed; and shall be published to the number of three thousand copies, in a style equal in execution and upon paper equal in quality to the edition of the laws of the United States, as annually published by Little and Brown; they shall be bound in pamphlet, in a style not inferior to that in which the laws published by Little and Brown are bound annually; and one thousand copies thereof shall be preserved to be bound in calf, in a solid and substantial manner, as often as the number of pages shall be sufficient to form a volume of not less than eight hundred nor more than one thousand pages. And whenever the volumes are thus bound, a new index shall be made, comprising the contents of the whole volume thus bound.

        Printing to be done by public printer.


        Binding to be executed by contract.


        Superintendent of public printing to furnish prper.


        SEC. 4. The printing of the laws, as required by the foregoing section,


Page 173

shall be executed by the public printer; the binding in pamphlet form and in volumes, as provided in the foregoing section, shall be executed by contract to be entered into by the superintendent of public printing, after advertising for sealed proposals; and the paper for the printing of the laws shall be furnished to the public printer by the superintendent of public printing, in accordance with the fourth section of the act of fourteenth May, one thousand eight hundred and sixty-one, entitled "An act further to organize the bureau of superintendent of public printing.

        Price allowed public printer.


        SEC. 5. The price allowed to the public printer for printing the laws, under the provisions of this act, shall be the following, and no more, to wit: for composition, plain, seventy-five cents per thousand ems; for rule and figure work, one dollar and fifty cents per thousand ems; for press work, octavo forms, of sixteen pages, seventy-five cents per token.

        Distribution.


        SEC. 6. The laws, when bound in pamphlet form, shall be distributed as follows, to wit: one copy to each member of the Congress for the time being; twenty copies each to the secretary of the Senate and the clerk of the House of Representatives; one copy to each committee of the two houses of Congress; five copies each to the President and Vice President; two hundred copies to the Department of State, for its own use, and for distribution amongst the diplomatic and consular officers of the Confederate States; two hundred copies to the department of the treasury, for its own use, and for distribution amongst the revenue officers of the government; one hundred copies to the Department of Justice, for its own use, and for distribution amongst the judges, clerks, marshals and attorneys of the Confederate States; fifty copies each to the departments of war and the navy, and to the postmaster general; five copies each to the governors of the several States, for the use of the States. The remaining copies shall be preserved in the Department of Justice, subject to the further order of Congress.

        Attorney General authorized to appoint law clerk in Department of Justice. His salary.


        SEC. 7. The attorney general is authorized to appoint an additional clerk in the Department of Justice for the purpose of carrying into effect the provisions of this act, to be called the law clerk of said department, at a salary of fifteen hundred dollars per annum.

        Repealing clause.


        SEC. 8. All laws and parts of laws heretofore enacted, providing for the safe custody, preservation, printing, publication and distribution of the laws are hereby repealed.

APPROVED August 5, 1861.

CHAP. XV.--An Act to authorize advances to be made in certain cases.

August 5, 1861.

        Secretary of War authorized to make advances on contracts for arms or munitions of war.


        Proviso.


        The Congress of the Confederate States of America do enact, That the Secretary of War, with the approbation of the President, be authorized, during the existence of the present war, to make advances upon any contract, not to exceed thirty-three and one-third per cent., for arms or munitions of war: Provided, That security be first taken, to be approved by the Secretary of War, for the performance of the contract, or for a proper accounting for the said money.

APPROVED August 5, 1861.

CHAP. XVI.--An Act to give aid to the people and State of Missouri.

August 6, 1861.

        Appropriation to aid the people and State of Missouri.


        The Congress of the Confederate States of America do enact, That to aid the people of the State of Missouri, in the effort to maintain, within


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their own limits, the constitutional liberty, which it is the purpose of the Confederate States in the existing war to vindicate, there shall be, and is hereby, appropriated out of any moneys in the Treasury not otherwise appropriated one million of dollars, to supply clothing, subsistence, arms and ammunition to the troops of Missouri who may co-operate with those of the Confederate States, during the progress of the existing war, said sum to be expended under the discretion of the President of the Confederate States, for the purposes aforesaid.

APPROVED August 6, 1861.

CHAP. XVII.--An Act to prozide for the construction of a newly invented implement of war.

August 6, 1861.

        WHEREAS, Charles S. Dickinson alleges that he has invented a machine, generally known as "Winans' gun," whereby balls can be projected with such force, rapidity and precision as to render it a valuable implement of war, both in the army and the navy--

        Appropriation for the construction of "Winans' gun."


        Proviso.


        The Congress of the Confederate States of America do therefore enact, That the President be and he, is hereby authorized, in his discretion, to cause one machine of this description, calculated to throw balls measuring about three-fourths of an inch in diameter, and weighing about two ounces, to be constructed under the direction of said Dickinson: Provided, That the cost thereof shall not exceed five thousand dollars.

APPROVED August 6, 1861.

CHAP. XVIII--An Act to authorize the President of the Confederate States to grant commissions to raise volunteer regiments and battalions, composed of persons who are, or have been, residents of the States of Kentucky, Missouri, Maryland and Delaware.

August 8, 1861.

        President authorized to grant commissions to officers to raise and command volunteer regiments, &c., of persons from certain States.


        The Congress of the Confederate States of America do enact, That the President of the Confederate States be, and he is hereby, authorized to grant commissions to officers above the grade of captain, to such persons as he may think fit, to raise and command volunteer regiments and battalions for the service of the Confederate States, said regiments and battalions to be composed of persons who are, or have been, residents of the States of Kentucky, Missouri, Maryland or Delaware, and who have enlisted, or may enlist, under said officers; upon the condition, however, that such officers shall not hold rank or receive pay until such regiments or battalions have been raised and are mustered into service.

APPROVED August 8, 1861.

CHAP. XIX.--An Act respecting alien enemies.

August 8, 1861.

        Who liable to be apprehended and removed as alien enemies.


        Proviso.


        The Congress of the Confederate States of America do enact, That whenever there shall be a declared war between the Confederate States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted or threatened against the territory of the Confederate States, by any foreign nation or government, and the President of the Confederate States shall make public proclamation of the event, or the same shall be proclaimed by act of Congress, all natives, citizens, denizens, or subjects of the hostile nation or government,


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being males of fourteen years of age and upwards, who shall be within the Confederate States, and not citizens thereof, shall be liable to be apprehended, restrained or secured, and removed as alien enemies: Provided, That during the existing war, citizens of the United States, residing within the Confederate States, with intent to become citizens thereof, and who shall make a declaration of such intention, in due form, and acknowledging the authority of the government of the same, shall not become liable as aforesaid, nor shall this act extend to citizens of the States of Delaware, Maryland, Kentucky, Missouri, and of the District of Columbia, and the territories of Arizona and New Mexico, and the Indian Territory south of Kansas, who shall not be chargeable with actual hostility or other crime against the public safety, and who shall acknowledge the authority of the government of the Confederate States.

        President to provide for removal of those who fail to depart.


        and to establish rules, &c.


        SEC. 2. The President of the Confederate States shall be, and he is hereby, authorized, by his proclamation, or other public act, in case of existing or declared war, as aforesaid, to provide for the removal of those who, not being permitted to reside within the Confederate States, shall refuse or neglect to depart therefrom; and to establish such regulations in the premises as the public safety may require.

        President, by his proclamation, to require citizens of the U. S. within the C. S. to depart within 40 days.


        On failure to depart, treated as alien enemies.


        Time allowed aliens resident within the C. S.


        SEC. 3. Immediately after the passage of this act, the President of the Confederate States shall, by proclamation, require all citizens of the United States, being males of fourteen years and upwards, within the Confederate States, and adhering to the government of the United States, and acknowledging the authority of the same, and not being citizens of the Confederate States, nor within the proviso of the first section of this act, to depart from the Confederate States within forty days from the date of said proclamation; and such persons remaining within the Confederate States after that time shall become liable to be treated as alien enemies; and in all cases of declared war as aforesaid, aliens, resident within the Confederate States, who shall become liable as enemies as aforesaid, and who shall not be chargeable with actual hostility or other crime against the public safety, shall be allowed the time for the disposition of their effects and for departure, which may be stipulated by any treaty with such hostile nation or government; and when no such treaty may exist the President shall prescribe such time as may be consistent with the public safety, and accord with the dictates of humanity and national hospitality.

        Duty of the Confederate and State courts, judges, &c., on complaints against aliens and alien enemies remaining in the C. S.


        Apprehension and examination.


        Order for removal. How otherwise dealt with.


        SEC. 4. After any declared war, or proclamation, as aforesaid, it shall be the duty of the several courts of the Confederate States, and of each State having criminal jurisdiction, and of the several judges and justices of the courts of the Confederate States, and they are hereby authorized, upon complaint against any alien, or alien enemies, as aforesaid, or persons coming within the purview of this act, who shall be resident, or remaining in the Confederate States, and at large within the jurisdiction or district of such judge or court, as aforesaid, contrary to the intent of this act, and of the proclamation of the President of the Confederate States, or the regulations prescribed by him, in pursuance of this act, to cause such alien or aliens, person or persons, as aforesaid, to be duly apprehended and convened before such court, judge or justice, for examination; and after a full examination and hearing in such complaint, and sufficient cause therefor appearing, shall or may order such alien or aliens, person or persons, to be removed out of the territory of the Confederate States, or to be otherwise dealt with or restrained, conformably to the intent of this act, and the proclamation or regulations which may be prescribed as aforesaid, and may imprison or otherwise secure such alien person until the order which shall be made shall be performed.


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        Marshal, by himself or deputy, or other discreet person, to execute the order.


        Warrant for such execution.


        SEC. 5. It shall be the duty of the marshal of the district, in which any alien enemy or person offending against the provisions of this act, shall be apprehended, who by the President of the Confederate States, or by order of any court, judge or justice, as aforesaid, shall be required to depart, [or] to be removed as aforesaid, to execute such order by himself or deputy, or other discreet person, and for such execution the marshal shall have the warrant of the President, or the court or judge, as the case may be.

APPROVED August 8, 1861.

CHAP. XX.--An Act further to provide for the public defence.

August 8, 1861.

        President authorized to employ the militia, military and naval forces, and to ask for and accept volunteers.


        The Congress of the Confederate States of America do enact, That in order to provide additional forces to repel invasion, maintain the rightful possession of the Confederate States of America, and to secure the independence of the Confederate States, the President be, and he is hereby, authorized to employ the militia, military and naval forces of the Confederate States of America, and to ask for and accept the services of any number of volunteers, not exceeding four hundred thousand, who may offer their services, either as cavalry, mounted riflemen, artillery, or infantry, in such proportions of these several arms as he may deem expedient, to serve for a period of not less than twelve months, nor more than three years after they shall be mustered into service, unless sooner discharged.

        To be organized under the act of March 6, 1861.


        Pay and allowances and time of service.


        SEC. 2. That whenever the militia or volunteers are called and received into the service of the Confederate States, under the provisions of this act, they shall be organized under the act of the sixth of March, one thousand eight hundred and sixty-one, entitled "An act to provide for the public defence," with the same pay and allowances of said act, and the same time for the service of the militia.

        Construction of act.


        SEC. 3. Nothing in this act shall be construed to extend to, or in any wise to alter any act heretofore passed, authorizing the President to receive troops offered directly to the Confederate States for the war, or for any less time.

APPROVED August 8, 1861.

CHAP. XXI.--An Act to provide for the appointment of surgeons and assistant surgeons for hospitals.

August 14, 1861.

        Surgeons and assistant surgeons in the provisional army for the hospitals.


        The Congress of the Confederate States of America do enact, That the President be and he is hereby authorized to appoint in the provisional army as many surgeons and assistant surgeons for the various hospitals of the Confederacy, as may be necessary.

APPROVED August 14, 1861.

CHAP. XXII.--An Act to amend the law in relation to the export of tobacco, and other commodities.

August 16, 1861.

        Act of May 21, 1861, prohibiting export of cotton. except, &c., to take immediate effect.


        The Congress of the Confederate States of America do enact, That the act passed at the present session entitled "An Act to extend the provisions of an act entitled 'An act to prohibit the exportation of cotton from the Confederate States except through the seaports of said States,


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and to punish persons offending therein,' " approved May twenty-one, Anno Domini, one thousand eight hundred and sixty-one, shall go into effect immediately after the approval of this act.

APPROVED August 16, 1861.

CHAP. XXIII.--An Act to authorize the issue of treasury notes, and to provide a war tax for their redemption.

August 19, 1861.

        Secretary of the Treasury authorized to issue treasury notes, as the public necessities may require.


        Receivable in payment of war tax, public dues, &c.


        The Congress of the Confederate States of America do enact, That the Secretary of the Treasury be and he is hereby authorized, from time to time, as the public necessities may require, to issue treasury notes, payable to bearer at the expiration of six months after the ratification of a treaty of peace between the Confederate States and the United States, the said notes to be of any denomination not less than five dollars, and to be re-issuable at pleasure until the same are payable; but the whole issue outstanding at one time, including the amount issued under former acts, shall not exceed one hundred millions of dollars; the said notes shall be receivable in payment of the war tax hereinafter provided, and of all other public dues except the export duty on cotton, and shall also be received in payment of the subscriptions of the net proceeds of sales of raw produce and manufactured articles.

        Bonds to be issued for the purpose of funding said notes, and of making exchange, &c.


        Act of 1861, May 16, ch. 24, p. 117.


        Denomination.


        May be sold, &c.


        SEC. 2. That for the purpose of funding the said notes, and of making exchange for the proceeds of the sale of raw produce and manufactured articles, or for the purchase of specie or military stores, the Secretary of the Treasury, with the assent of the President, is authorized to issue bonds, payable not more than twenty years after date, and bearing a rate of interest not exceeding eight per centum per annum, until they become payable, the interest to be paid semi-annually; the said bonds not to exceed, in the whole, one hundred millions of dollars, and to be deemed a substitute for thirty millions of the bonds authorized to be issued by the act approved May sixteenth, eighteen hundred and sixty-one; and this act is to be deemed a revocation of the authority to issue the said thirty millions. The said bonds shall not be issued in less sums than one hundred dollars, nor in fractional parts of a hundred, except when the subscription is less than one hundred dollars, the said bonds may be issued in sums of fifty dollars. They may be sold for specie, military and naval stores, or for the proceeds of raw produce and manufactured articles, in the same manner as is provided by the act aforesaid; and whenever subscriptions of the same have been or shall be made payable at a particular date, the Secretary of the Treasury shall have power to extend the time of sales until such date as he shall see fit to indicate.

        Bonds in exchange for treasury notes.


        When privilege of funding to cease.


        SEC. 3. The holders of the said treasury notes may, at any time, demand in exchange for them bonds of the Confederate States, according to such regulations as may be made by the Secretary of the Treasury. But whenever the Secretary of the Treasury shall advertise that he will pay off any portion of the said treasury notes, then the privilege of funding, as to such notes, shall cease, unless there shall be a failure to pay the same in specie on presentation.

        War tax.


        Taxable property.


        Taxable property of head of a family, below a certain value, exempted.


        Also property of colleges, schools, &c.


        Public lands and property owned by a State for public purposes, likewise exempted.


        SEC. 4. That for the special purpose of paying the principal and interest of the public debt, and of supporting the government a war tax shall be assessed and levied, of fifty cents upon each one hundred dollars in value, of the following property in the Confederate States, namely: real estate of all kinds; slaves; merchandize; bank stocks; railroad and other corporation stocks; money at interest, or invested by individuals in the purchase of bills, notes, and other securities for money,


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except the bonds of the Confederate States of America, and cash on hand or on deposit in bank or elsewhere; cattle, horses and mules; gold watches, gold and silver plate, pianos and pleasure carriages: Provided, however, That when the taxable property herein above enumerated, of any head of a family, is of value less than five hundred dollars, such taxable property shall be exempt from taxation under this act: And provided, further, That the property of colleges and schools, and of charitable or religious corporations or associations, actually used for the purposes for which such colleges, schools, corporations or associations were created, shall be exempt from taxation under this act: And provided, further, That all public lands and all property owned by a State for public purposes, be exempt from taxation.

        Each State to constitute a tax division.


        Chief collector for each division. To divide the State into collection districts.


        By whom appointed. Term of office. Salary.


        Bond.


        Oath of office.


        To appoint tax collector for each district.


        Assessment, when to be made.


        Tax collectors to appoint assessors.


        Their duties.


        SEC. 5. That for the purpose of ascertaining all property included in the above classes, and the value thereof, and the person chargeable with the tax, each State shall constitute a tax division, over which shall be appointed one chief collector, who shall be charged with the duty of dividing the State into a convenient number of collection districts, subject to the revisal of the Secretary of the Treasury. The said collector shall be appointed by the President, and shall hold his office for one year, and receive a salary of two thousand dollars. He shall give bond with sureties to discharge the duties of his office in such amount as may be prescribed by the Secretary of the Treasury, and shall take oath faithfully to discharge the duties of his office, and to support and defend the Constitution. The said chief collector shall, with the approbation of the Secretary of the Treasury, appoint a tax collector for each collection district, whose duty it shall be to cause an assessment to be made on or before the first day of November next, of all the taxable property in his district, included in each of the above mentioned classes of property, and the persons then owning or in possession thereof; and in order thereto, the said tax collectors may appoint assessors, who shall proceed through every part of their respective districts, and, after public notice, shall require all persons owning, possessing, or having the care and management of any property liable to the tax aforesaid, to deliver written lists of the same, which shall be made in such manner as may be required by the chief collector, and as far as practicable, conformable to those which may be required for the same purpose under the authority of the respective States; and the said assessors are authorized to enter into and upon, all and singular, the premises for the purposes required by this act.

        Written lists of taxable property to be exhibited


        When officer to make the list.


        SEC. 6. If any person shall not be prepared to exhibit a written list when required, and shall consent to disclose the particulars of taxable property owned or possessed by him, or under his care and management, then it shall be the duty of the officer to make the list, which, being distinctly read and consented to, shall be received as the list of such person.

        Penalty for false or fraudulent list.


        SEC. 7. That if any person shall deliver or disclose to any collector or assessor appointed in pursuance of this act and requiring a list as aforesaid, any false or fraudulent list, with intent to defeat or evade the valuation or enumeration hereby intended to be made, such person so offending shall be fined in a sum not exceeding five hundred dollars, to be recovered in any court of competent jurisdiction.

        Party liable to double tax on failure to deliver list at the proper time.


        SEC. 8. Any person who shall fail to deliver to the collector or assessor a list of his taxable property at the time prescribed by him, shall be liable to a double tax upon all his taxable property; the same to be assessed by the collector or assessor, and to be collected in the same manner and by the same process as is herein provided as to the single tax.


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        Lists to be made in reference to value &c., of property on the 1st October, 1861.


        When to be delivered to tax collector.


        Appeals from as-assessments and for reduction of double tax.


        SEC. 9. The lists shall be made in reference to the value and situation of the property, on the first day of October next, and shall be made out, completed, and be delivered into the hands of each of the tax collectors on the first day of December next; and upon the receipt thereof, each tax collector may, for twenty-one days next ensuing the said first December, hear and determine all appeals from the said assessments, as well as applications for the reduction of a double tax, when such tax may have been incurred to a single tax, which determination shall be final.

        Tax collectors to furnish to the chief collector list of assessments and of the amount of tax.


        Chief collector to collate the same and forward to the Secretary of the Treasury.


        SEC. 10. The several tax collectors shall, on or before the first day of February ensuing, furnish to the chief collector of the State in which his district is situated, a correct and accurate list of all the assessments made upon each person in his district, and of the amount of tax to be paid by such person, specifying each object of taxation; and the said chief collector shall collate the same in proper form, and forward the collated list to the Secretary of the Treasury.

        When tax to be collected.


        Collectors to give notice.


        Proceedings by distress on failure to pay the taxes assessed.


        Proviso.


        Property exempted from distress.


        SEC. 11. The said several collectors shall, on the first day of May next, proceed to collect from every person liable for the said tax, the amounts severally due and owing, and he shall previously give notice for twenty days in one newspaper, if any be published in his district, and by notifications in at least four public places in each township, ward or precinct within his district, of the time and place at which he will receive the said tax; and on failure to pay the same, it shall be the duty of the collector, within twenty days after the first day of May aforesaid, by himself or his deputies, to proceed to collect the said taxes by distress and sale of the goods, chattels or effects of the persons delinquent. And in case of such distress, it shall be the duty of the officer charged with the collection to make, or cause to be made, an account of the goods or chattels which may be distrained, a copy of which, signed by the officer making such distress, shall be left with the owner or possessor of such goods, chattels or effects, or at his or her dwelling, with a note of the sum demanded, and the time and place of sale; and the said officer shall forthwith cause a notification to be publicly advertised or posted up at two public places nearest to the residence of the person whose property shall be distrained, or at the court-house of the same county, if not more than ten miles distant, which notice shall specify the articles distrained, and the time and place proposed for the sale thereof, which time shall not be less than ten days from the date of such notification, and the place proposed for the sale not more than five miles distant from the place of making such distress: Provided, That in any case of distress for the payment of the taxes aforesaid, the goods, chattels or effects so distrained, shall and may be restored to the owner or possessor, if, prior to the sale thereof, payment, or tender thereof, shall be made to the proper officer charged with the collection, of the full amount demanded, together with such fee for levying, and such sum for the necessary and reasonable expense of removing and keeping the goods, chattels or effects so distrained, as may be allowed in like cases by the laws or practice of the State wherein the distress shall have been made; but in case of non-payment or tender as aforesaid, the said officers shall proceed to sell the said goods, chattels or effects at public auction, and shall and may retain from the proceeds of such sale, the amount demandable for the use of the Confederate States, with the necessary and reasonable expenses of distress and sale, and a commission of five per centum thereon for his own use, rendering the overplus, if any there be, to the person whose goods, chattels or effects shall have been distrained: Provided, That it shall not be lawful to make distress of the tools or implements of a trade or profession, beasts of the plough, and farming utensils necessary for the cultivation of improved lands,


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arms, or such household furniture or apparel as may be necessary for a family.

        Sale of real estate for taxes.


        Deed to purchaser.


        Where property not divisible, the whole to be sold.


        Surplus of sales to be deposited in the treasury of the C. S. for the use of the owner.


        When the collector to purchase the property for the C. S.


        Sale not to take place it taxes paid before property actually sold.


        Right of redemption.


        Time allowed persons in the military service of the C. S.


        Collector to render account of charges of sale, and pay surplus into treasury.


        All deeds for real estate sold, to be made by the collector of the district, or his successor in office.


        Fee for the deed; for whose use.


        Commissions only allowed collector.


        Compensation allowed assessors.


        When assessor to make out list of real estate for assessment.


        SEC. 12. That if the tax assessed on any real estate shall remain unpaid on the first day of June next, the tax collector of the district wherein the same is situated shall, on the first Monday in July thereafter, proceed to sell the same, or a sufficiency thereof, at public outcry, to the highest bidder, to pay said taxes, together with twenty per centum on the amount of said taxes and costs of sale, said sale to be at the courthouse door of the county or parish wherein said real estate is situated; and if there shall be more than one county or parish in a district, the said tax collector is authorized to appoint deputies to make such sales in his name as he cannot attend to himself, and for all lands so sold by said deputies, the deeds as hereinafter provided for shall be executed by said collector, and such sales so made shall be valid, whether the real estate so sold shall be assessed in the name of the true owner or not. But in all cases where the property shall not be divisible so as to enable the collector by a sale of part thereof to raise the whole amount of the tax, with all costs, charges and commissions, the whole of such property shall be sold, and the surplus of the proceeds of the sale, after satisfying the tax, costs, charges and commissions, shall be paid to the owner of the property, or his legal representatives, or if he or they cannot be found, or refuse to receive the same, then such surplus shall be deposited in the treasury of the Confederate States, to be there held for the use of the owner or his legal representatives, until he or they shall make application therefor to the Secretary of the Treasury, who, upon such application, shall, by warrant on the treasury, cause the same to be paid to the applicant. And if the property offered for sale as aforesaid cannot be sold for the amount of the tax due thereon, with the said additional twenty per centum thereto, the collector shall purchase the same in behalf of the Confederate States for the amount aforesaid: Provided, That the owner or superintendent of the property aforesaid, before the same shall have been actually sold, shall be allowed to pay the amount of the tax thereon, with an addition of ten per centum on the same, on the payment of which the sale of the said property shall not take place: Provided, also, That the owners, their heirs, executors or administrators, or any person on their behalf, shall have liberty to redeem any lands and other real property sold as aforesaid, within two years from the time of sale, upon payment to the collector for the use of the purchaser, his heirs or assignees, of the amount paid by such purchaser, with interest for the same at the rate of twenty per centum per annum, and no deed shall be given in pursuance of such sale until the time of redemption shall have expired: Provided, further, That when the owner of any land, or other real property sold for taxes under the provisions of this act, shall be in the military service of the Confederate States, before and at the time said sales shall have been made, the said owner shall have the privilege of redeeming the said property at any time within two years after the close of his term of service. And the collector shall render a distinct account of the charges incurred in offering and advertising for sale such property, and shall pay into the treasury the surplus, if any there be, of the aforesaid addition of twenty per centum, or ten per centum, as the case may be, after defraying the charges. And in every case of the sale of real estate, which shall be made under the authority of this act for the assessment and collection of direct taxes by the collectors or marshals respectively, or their lawful deputies respectively, or by any other person or persons, the deeds for the estate so sold shall be prepared, made, executed, and proved or acknowledged, at the time and times prescribed in this act by the collectors, respectively, within whose


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collection district such real estate shall be situated, or in case of their death or removal from office, by their successors, on payment of the purchase money, or producing a receipt therefor, if already paid, in such form of law as shall be authorized and required by the laws of the Confederate States, or by the law of the State in which such real estate lies, for making, executing, proving and acknowledging deeds of bargain and sale, or other conveyances for the transfer and conveyance of real estate; and for every deed so prepared, made, executed, proved and acknowledged, the purchaser or grantee shall pay to the collector the sum of five dollars for the use of the collector, marshal or other person effecting the sale of the real estate thereby conveyed. The commissions hereinafter allowed to each collector shall be in full satisfaction of all services rendered by them. The assessors appointed under them shall be entitled to three dollars for every day employed in making lists and assessments under this act, the number of days being certified by the collector and approved by the chief collector of the State, and also five dollars for every hundred taxable persons contained in the list as completed by him and delivered to the collector: Provided, That when the owner of any real estate is unknown, or is a non-resident of the State or tax district wherein the same is situated, and has no agent resident in said district, the assessor shall himself make out a list of such real estate for assessment.

        Accounts at the treasury of all moneys received.


        Chief collector to procure details of the tax, and classify the same.


        SEC. 13. Separate accounts shall be kept at the treasury of all moneys received from each of the respective States, and the chief collector shall procure from each tax collector such details as to the tax, and shall classify the same in such manner as the Secretary of the Treasury shall direct, and so as to provide full information as to each subject of taxation.

        Collectors chargeable with interest on moneys retained.


        SEC. 14. Each collector shall be charged with an interest of five per cent. per month for all moneys retained in his possession beyond the time at which he is required to pay over the same by law, or by the regulations established by the Secretary of the Treasury.

        To give bond.


        Oath.


        SEC. 15. Each collector before entering upon the duties of his office, shall give bond in such sum as shall be prescribed by the Secretary of the Treasury, with sufficient sureties, and shall take an oath faithfully to execute the duties of his office, and that he will support and defend the Constitution of the Confederate States.

        Collector to sign receipts in duplicate for tax. How disposed of.


        Moneys collected to be forwarded to chief collector, and disposed of as directed by Secretary of Treasury.


        Chief collector to make report thereof.


        SEC. 16. Upon receiving the tax due by each person the collector shall sign receipts in duplicate, one whereof shall be delivered to the person paying the same, and the other shall be forwarded to the chief collector of that State. The money collected during each month or during any shorter period which may be designated by the Secretary of the Treasury, shall be also immediately forwarded to the said chief collector, and by him be disposed of according to the direction of the Secretary of the Treasury; and the said chief collector shall report the same immediately to the Secretary of the Treasury, and shall furnish him with a list specifying the names and amounts of each of the receipts which shall have been forwarded to him as aforesaid by the district collectors.

        Taxes assessed to be a statutory lien


        Property of collectors bound by statutory lien, for taxes received.


        SEC. 17. The taxes assessed on each person shall be a statutory lien for one year upon all the property of that person, in preference to any other lien, the said lien to take date from the first day of October, to which the valuation has relation, and the lands and other property of any collector shall be bound by statutory lien for five years for all moneys received by him for taxes, the date of such lien to commence from the time of his receiving the money.

        Compensation of tax collectors.


        SEC. 18. The compensation of the tax collectors shall be five per cent. on the first ten thousand dollars received, and two and a half per cent.


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on all sums beyond that amount until the compensation shall reach eight hundred dollars, beyond which no further compensation shall be paid.

        Regulations by Secretary of Treasury to carry this act into effect; and instructions as to details.


        Authorized to correct errors in assessments, &c.


        SEC. 19. The Secretary of the Treasury is authorized to establish regulations suitable and proper to carry this act into effect, which regulations shall be binding on all officers; the said Secretary may also frame instructions as to all details which shall be obligatory upon all parties embraced within the provisions of this act. He may also correct all errors in assessments, valuations, and tax lists, or in the collection thereof, in such form and upon such evidence as the said Secretary may approve.

        Construction of certain words and phrases used in this act.


        Capital stock and real estate of corporations.


        SEC. 20. Corporations are intended to be embraced under the word "persons" used in this act; and whenever the capital stock of any corporation is returned by the corporation itself and the tax paid, the stock in the hands of individuals shall be exempt from tax; and also all the real estate owned by the corporation and used for carrying on its business; and the capital stock of all corporations shall be returned, and the tax paid, by the corporations themselves, and not by the individual stockholders. The term "merchandize" is designed to embrace all goods, wares and merchandize held for sale, except the agricultural products of the country. Money at interest, is intended to include the principal sum of all money belonging to any person, other than a bank, upon which interest is paid or to be paid by the debtor, as the same stands on the first day of October. The term "cattle, horses and mules," is intended to include all such animals as are raised for sale, and not such as are raised merely for food and work on the plantation or farm where they are held. The term "real estate," is intended to include all lands and estates therein, and all interests growing thereout, including ferries, bridges, mines and the like, and in all cases the actual marketable value of property is to be assessed.

        Forging or counterfeiting of treasury notes.


        Uttering or publishing.


        Penalty.


        SEC. 21. If any person shall, at any time during the existence of the present war between the Confederate States and the United States, or within one year after the ratification of a treaty of peace between them, falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting any note in imitation of, or purporting to be a treasury note of the Confederate States; or shall falsely alter, or cause or procure to be falsely altered, or willingly aid or assist in falsely altering, any treasury note of the Confederate States; or shall pass, utter or publish, or attempt to pass, utter or publish, as true, any false, forged, or counterfeited note purporting to be a treasury note of the Confederate States, knowing the same to be falsely forged or counterfeited; or shall pass, utter, or publish, or attempt to pass, utter or publish, as true, any falsely altered treasury note of the Confederate States, knowing the same to be falsely altered, or shall conspire, or attempt to conspire, with another, to pass, utter or publish, or attempt to pass, utter or publish, as true, any falsely forged or counterfeited, or any falsely altered treasury note of the Confederate States, knowing the same to be falsely forged or counterfeited, or falsely altered; every such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall suffer death.

        Forging or counterfeiting of bonds or coupons.


        Uttering or publishing.


        Penalty.


        SEC. 22. If any person shall, at any time, falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist, in falsely making, forging or counterfeiting any bond or coupon, in imitation of, or purporting to be a bond, or coupon, of the Confederate States; or shall falsely alter, or cause or procure to be falsely altered, or willingly aid or assist in falsely altering, any bond or coupon of the Confederate States; or shall pass, utter or


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publish, or attempt to pass, utter or publish, as true, any false, forged or counterfeited bond, purporting to be a bond or coupon of the Confederate States, knowing the same to be falsely forged or counterfeited; or shall pass, utter or publish, or attempt to pass, utter or publish, as true, any falsely altered bond or coupon, of the Confederate States, knowing the same to be falsely altered; or shall conspire, or attempt to conspire, with another, to pass, utter or publish, or attempt to pass, utter or publish, as true, any false, forged or counterfeited bond or coupon, purporting to be a bond or coupon of the Confederate States, or any falsely altered bond or coupon of the Confederate States, knowing the same to be falsely forged or counterfeited, or falsely altered; every such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept at hard labor for a term not less than five years, nor more than ten years, and be fined in a sum not exceeding five thousand dollars.

        Engraving or having possession of plates, &c., with intent to forge treasury notes or bonds.


        Punishment.


        SEC. 23. If any person shall make or engrave, or cause or procure to be made or engraved, or shall have in his custody or possession, any metallic plate engraved after the similitude of any plate from which any notes or bonds issued as aforesaid, shall have been printed, with intent to use such plate, or cause or suffer the same to be used in forging or counterfeiting any of the notes or bonds issued as aforesaid; or shall have in his custody or possession, any blank note or notes, bond or bonds, engraved and printed after the similitude of any note or bond, issued as aforesaid, with intent to use such blanks, or cause or suffer the same to be used in forging or counterfeiting any of the notes or bonds issued as aforesaid, or shall have in his custody or possession any paper adapted to the making of notes or bonds, and similar to the paper upon which any such notes or bonds shall have been issued, with intent to use such paper, or cause or suffer the same to be used, in forging or counterfeiting any of the notes or bonds issued as aforesaid, every such person being thereof lawfully convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a term not less than five nor more than ten years, and fined in a sum not exceeding five thousand dollars.

        On payment by any State of taxes assessed against her citizens, authority of collectors in such States to cease.


        SEC. 24. If any State shall, on or before the first day of April next, pay, in the treasury notes of the Confederate States, or in specie, the taxes assessed against the citizens of such State, less ten per centum thereon, it shall be the duty of the Secretary of the Treasury to notify the same to the several tax collectors of such State, and thereupon their authority and duty under this act shall cease.

        Penalty for committing any of the acts described in the 21st section after one year from the ratification of a treaty of peace between the C. S. and the U. S.


        SEC. 25. If any person shall, at any time after one year from the ratification of a treaty of peace between the Confederate States and the United States, commit any of the acts described in the twenty-first section of this act, such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept at hard labor for a period of not less than five years nor more than ten years, and be fined in a sum not exceeding five thousand dollars.

APPROVED August 19, 1861.


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CHAP. XXIV.--An Act to aid the State of Missouri in repelling invasion by the United States, and to authorize the admission of said State as a member of the Confederate States of America, and for other purposes.

August 20, 1861.

        Preamble.


        WHEREAS, The people of the State of Missouri have been prevented, by the unconstitutional interference of the Government of the United States, from expressing their will through their legally constituted authorities, in regard to a union with the Confederate States of America, and are now engaged in repelling a lawless invasion of their territory by armed forces; and, whereas, it is the right and duty of the Confederate States to aid the people and government of the said State in resisting such invasion, and in securing the means and the opportunity of expressing their will upon all questions affecting their rights and liberties: Now, therefore--

        Aid to the State of Missouri in repelling invasion by the United States.


        The Congress of the Confederate States of America do enact, That the President of the Confederate States of America be, and he is hereby, authorized to co-operate through the military power of this government with the authorities and the people of the State of Missouri in defending that State against a lawless invasion by the United States, and in maintaining the liberty and independence of her people, and that he be authorized and empowed, at his discretion, to receive and muster into the service of the Confederate States, in the State of Missouri, such troops of that State as may volunteer to serve in the army of the Confederate States, subject to the rules and regulations of said army, and in accordance with the laws of Congress; and said troops may be received into service by companies, battalions or regiments, with their officers elected by the troops, and the officers so elected shall be commissioned by the President; and when mustered into service said companies, battalions or regiments may be attached to such brigades or divisions as the President may determine; and the President shall have power to appoint field officers for all battalions and regiments organized out of separate companies mustered into service, and to add to battalions a sufficient number of separate companies to complete their organization into regiments, and to appoint the additional field officers necessary for the complete organization of the regiments so formed; and all vacancies that may occur amongst the commissioned officers, of troops mustered into service under this act, shall be filled in the manner provided in the act entitled "An act for the establishment and organization of the army of the Confederate States of America," approved sixth March, eighteen hundred and sixty-one.

        Admission of Missouri as a member of the Confederate States.


        SEC. 2. That the State of Missouri shall be admitted a member of the Confederate States of America, upon an equal footing with the other States, under the Constitution for the Provisional Government of the same, upon the condition that the said Constitution for the Provisional Government of the Confederate States shall be adopted and ratified by the properly and legally constituted authorities of said State, and the Governor of said State shall transmit to the President of the Confederate States an authentic copy of the proceedings touching said adoption and ratification by said State of said Provisional Constitution; upon the receipt whereof, the President, by proclamation, shall announce the fact; whereupon, and without any further proceedings upon the part of Congress, the admission of said State of Missouri into this Confederacy, under said Constitution for the Provisional Government of the Confederate States, shall be considered as complete; and the laws of this Confederacy shall be thereby extended over said State of Missouri as fully and completely as over other States now composing the same.

        Recognition of the government of Missouri.


        SEC. 3. That the Congress of the Confederate States recognize the government of which Claiborne F. Jackson is the chief magistrate, to


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be the legally elected and regularly constituted government of the people and State of Missouri; and that the President of the Confederate States be, and he is hereby, empowered, at his discretion, at any time prior to the admission of the said State as a member of this Confederacy, to perfect and proclaim an alliance, offensive and defensive, with the said government, limited to the period of the existing war between this Confederacy and the United States; the said treaty or alliance to be in force from the date thereof, and until the same shall be disaffirmed or rejected by this Congress.

APPROVED August 20, 1861.

CHAP. XXV.--An Act to empower the President of the Confederate States to appoint additional commissioners to foreign nations.

August 20, 1861.

        President to determine to what nations the commissioners now in Europe shall be accredited.


        The Congress of the Confederate States of America do enact, That the President of the Confederate States be, and he is hereby, empowered to determine and designate to what nations the commissioners of the Confederate States, now in Europe, shall be accredited, either separately or unitedly; and to prescribe the duties he may think proper to assign to each of them.

        To appoint two other commissioners to foreign nations.


        SEC. 2. And be it further enacted, That the President be, and he is hereby, empowered to appoint two other commissioners to represent the Confederate States, either separately or unitedly, to such foreign nations as he may deem expedient.

        Pay of the additional commissioners.


        Their secretaries or clerks, and their compensation.


        SEC. 3. And be it further enacted, That the additional commissioners authorized by this act shall receive the same pay and emolument as the commissioners now in Europe receive; and the President shall appoint the secretaries or clerks required by said missions, and determine their compensation.

APPROVED August 20, 1861.

CHAP. XXVI.--An Act to authorize payment to be made for certain horses purchased for the army, by Col. A. W. McDonald.

August 21, 1861.

        Payment to be made for certain horses purchased for the army by Colonel McDonald.


        Proviso.


        The Congress of the Confederate States of America do enact, That the Secretary of War be, and he is hereby, authorized to cause payment to be made to the vendors, upon an audit of the accounts, of certain horses, heretofore purchased by order of Colonel Angus W. McDonald, to mount the men he was authorized to raise by order of the President of the Confederate States; and upon the payment of the said accounts, said horses shall become the property of the government, and shall be subject to the control of the quartermaster's department: Provided, however, That the quartermaster general shall be, and he is hereby, empowered to permit said horses to remain in the possession of the volunteers who now have them, subject to the general law controlling cavalry troops, upon the written agreement of said volunteers that said horses will be paid for by them out of the allowances now made to cavalry troops.

APPROVED August 21, 1861.


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CHAP. XXVII.--An Act making appropriation for the services of physicians to be employed in conjunction with the medical staff of the army.

August 21, 1861.

        Appropriation for the services of physicians employed in conjunction with the medical staff of the army.


        The Congress of the Confederate States of America do enact, That there be appropriated out of any money in the Treasury not otherwise appropriated, for the year ending the eighteenth of February, eighteen hundred and sixty two, the sum of fifty thousand dollars for the services of physicians to be employed in conjunction with the medical staff of the army.

APPROVED August 21, 1861.

CHAP. XXVIII.--An Act to provide for local defence and special service.

August 21, 1861.

        Volunteers for local defence and special service.


        The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized to accept the services of volunteers of such kind and in such proportion as he may deem expedient, to serve for such time as he may prescribe, for the defence of exposed places or localities, or such special service as he may deem expedient.

        To be mustered into service.


        Muster roll to set forth services to be performed.


        Pay or subsistence.


        SEC. 2. And such forces shall be mustered into the service of the Confederate States, for the local defence or special service aforesaid, the muster roll setting forth distinctly the services to be performed; and the said volunteers shall not be considered in actual service until thereunto specially ordered by the President. And they shall be entitled to pay or subsistence only for such time as they may be on duty under the orders of the President or by his direction.

        To be organized according to the act of 1861, Mar. 6, ch. 26, p. 45.


        President to appoint the field officers.


        SEC. 3. Such volunteer forces, when so accepted and ordered into service, shall be organized in accordance with and subject to all the provisions of the act entitled "An act to provide for the public defence," approved March sixth, one thousand eight hundred and sixty-one, and may be attached to such divisions, brigades, regiments or battalions as the President may direct, and when not organized into battalions or regiments before being mustered into service, the President shall appoint the field officers of the battalions and regiments, when organized as such by him.

APPROVED August 21, 1861.

CHAX. XXIX.--An Act to authorize the employment of cooks and nurses, other than enlisted men, or volunteers, for the military service.

August 21, 1861.

        Nurses and cooks for the military service.


        The Congress of the Confederate States of America do enact, That the better to provide for the sick and wounded, the Secretary of War is authorized to direct the employment, when deemed necessary, of nurses and cooks, other than enlisted men, or volunteers, the persons so employed being subject to military control, and in no case to receive pay above that allowed to enlisted men, or volunteers.

        Appropriation for the pay of.


        SEC. 2. That there be appropriated for the pay of the nurses and cooks, provided for in the above section, one hundred and thirty thousand dollars.

APPROVED August 21, 1861.


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CHAP. XXX.--An Act providing for the disposition of unclaimed Goods deposited in warehouse, as prescribed by existing laws.

August 21, 1861.

        Collectors of customs to take possession of, and sell certain unclaimed, imported goods.


        The Congress of the Confederate States of America do enact, That from and after the passage of this act, any collector of the customs is hereby authorized, under such regulations and directions as the Secretary of the Treasury may prescribe, to take possession of, either on board the importing vessel, or at the place of landing, and there to sell at public auction, upon due notice, any imported goods, wares, or merchandize, remaining unclaimed beyond the period prescribed by law for the unlading of the same from the importing vessel, that may, in the opinion of such collector, from its bulky character, or from its perishable or explosive nature, or from other like causes, render it impracticable to deposit the same in warehouse, as prescribed by law for unclaimed goods.

APPROVED August 21, 1861.

CHAP. XXXI.--An Act making appropriations for the Public Defence.

August 21, 1861.

        Appropriations for the public defence for the year ending 18th Feb., 1862.


        The Congress of the Confederate States of America do enact, That there be appropriated out of any money in the treasury not otherwise appropriated, for the year ending the eighteenth February, eighteen hundred and sixty-two, the sum of fifty-seven millions dollars for the pay of officers and privates of the army, volunteers and militia in the public service of the Confederate States; for quartermaster's supplies of all kinds, transportation and other necessary expenses; for the purchase of subsistence, stores and commissary property for the ordnance service in all its branches; for engineering, and for the surgical and medical service of the army, in all supplies and necessary expenditures.

        Distribution.


        SEC. 2. That the above appropriation shall be distributed amongst the several objects of appropriation above specified, in such proportions as shall be determined by the Secretary of War, with the approval of the President.

APPROVED August 21, 1861.

CHAP. XXXII.--An Act making appropriation for Military Hospitals.

August 21, 1861.

        Appropriation for military hospitals for the year ending 18th Feb., 1862.


        The Congress of the Confederate States of America do enact, That the sum of fifty thousand dollars be, and the same is hereby, appropriated out of any money in the treasury, not otherwise appropriated, for the establishment and support of military hospitals, during the current fiscal year ending February eighteenth, eighteen hundred and sixty-two.

APPROVED August 21, 1861.

CHAP. XXXIII.--An Act supplemental to "An act to put in operation the government, under the permanent Constitution of the Confederate States of America."

August 21, 1861.

        Election of senators for the first Congress.


        The Congress of the Confederate States of America do enact, That where, in any State of this Confederacy, there shall be no regular session of the Legislature to be held prior to the eighteenth of February, eighteen hundred and sixty-two, it is hereby provided, in obedience to the seventh article of the permanent Constitution, that the election of


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senators for the first Congress may be made at any special or extra session of the Legislature of such State, prior to the said eighteenth of February, eighteen hundred and sixty-two.

APPROVED August 21, 1861.

CHAP. XXXIV.--An Act to increase the corps of artillery, and for other purposes.

August 21, 1861.

        Increase of the corps of artillery.


        The Congress of the Confederate States of America do enact, That there be added to the corps of artillery, Confederate States army, one Lieutenant Colonel and two Majors, with the pay and allowances authorized by existing laws for those grades, respectively.

        President authorized to appoint military storekeepers of ordnance.


        Their pay and allowances.


        Act, 1861, May 16, ch. 20, p. 115.


        Bond.


        SEC. 2. That the President be, and he is hereby, authorized to appoint, in addition to the storekeepers authorized by the fifth section of the act of May sixteen, eighteen hundred and sixty-one, "for the establishment and organization of the army of the Confederate States," as many military storekeepers of ordnance, with the pay and allowance of a captain of infantry, as the safe keeping of the public property may require, not to exceed in all four storekeepers, who shall, previous to entering on duty, give bonds with good and sufficient security, in such sums as the Secretary of War may direct, fully to account for all moneys and public property, which they may receive.

        Superintendents of armories, salary and allowances.


        Master armorer's salary and allowances.


        SEC. 3. That the President be, and he is hereby, authorized, whenever, in his judgment, the interests of the service may require, and where officers of the army cannot be assigned to these duties, to appoint one or more superintendents of armories for the fabrication of small arms, whose salary shall not exceed two thousand five hundred dollars per annum, with allowance for quarters and fuel at the rate fixed for a major in the army. And that the President be also authorized to appoint two or more master armorers, with a salary not to exceed fifteen hundred dollars per annum, with allowance of quarters and fuel at the rate fixed for a captain in the army.

        Aids de-camp for President's personal staff. Their rank, pay and allowances.


        SEC. 4. That during the existing war, the President may, as commander-in-chief of the forces, appoint, at his discretion, for his personal staff, two aides-de-camp, with the rank, pay and allowances of a colonel of cavalry.

        Additional sergeant allowed each company.


        SEC. 5. That hereafter, there shall be allowed one additional sergeant to each company in the service of the Confederate States, making in all, five sergeants per company, who shall receive the same pay and allowances as are provided by existing laws for that grade.

APPROVED August 21, 1861.

CHAP. XXXV.--An Act making appropriations to carry into effect section two of an act approved May twenty-first, eighteen hundred and sixty-one, entitled "An act to define with more certainty the meaning of an act entitled 'An act to fix the duties on articles therein named,'" approved March fifteenth, eighteen hundred and sixty-one.

August 22, 1861.

        Act 1861, May 21, ch. 45, p. 135.


        Appropriation for President of Alabama and Florida railroad company, being difference in duty on railroad iron.


        The Congress of the Confederate States of America do enact, That for the purpose of carrying into effect the second section of an act approved May twenty-first, eighteen hundred and sixty-one, entitled "An act to define with more certainty the meaning of an act entitled 'An act to fix the duties on articles therein named,'" approved March fifteenth, eighteen hundred and sixty-one, the sum of two thousand three hundred and seventy-nine dollars and eighty cents be, and the same


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is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to be paid to Charles T. Pollard, President of the Alabama and Florida railroad company, being the difference between fifteen and twenty-four per cent. duty on railroad iron of the value of twenty-six thousand four hundred and forty-two dollars and twenty-six cents, withdrawn from warehouse at Pensacola, Florida, in the month of April, eighteen hundred and sixty-one.

APPROVED August 22, 1861.

CHAP. XXXVI.--An Act to authorize the Postmaster General to contract for the carriage of the mails on the route hereafter mentioned.

August 22, 1861.

        Mail route established from Groover's Station, in Georgia, to the town of Monticello, in Florida.


        The Congress of the Confederate States of America do enact, That the following mail route be, and the same is hereby, established, to-wit: From station seventeen, on the Savannah, Albany and Gulf railroad, commonly called Groover's Station, in the State of Georgia, to the town of Monticello, in the State of Florida.

        Contractor for carrying the mail over said route.


        Proviso.


        SEC. 2. And be it further enacted, That the Postmaster General be, and he is hereby, authorized to make the first contract for carrying of the mail over said route, without the necessity of advertising for bids for said contract as required by existing law; and that this act do take effect and be in force, from and after its passage: Provided, however, That nothing in this act contained, shall be so construed as to require the Postmaster General to put the mail upon said route, unless in his opinion the public interest demand it.

APPROVED August 22, 1861.

CHAP. XXXVII.--An Act to establish a uniform rule of naturalization for persons enlisted in the armies of the Confederate States of America.

August 22, 1861.

        Rights of citizenship extended to persons, who are not citizens, engaged in the military service of the Confederate States.


        May become naturalized and become citizens of any one of the Confederate States.


        Oath.


        Where the State in which the applicant last resided becomes one of the C. S., his citzenship to remain in that State at his election.


        The Congress of the Confederate States of America do enact, That every person not a citizen of one of the Confederate States engaged in the military service of the said Confederate States during the existing war against the United States of America, shall thereby, and whilst in such service, be under the protection of the Confederate States as fully as if he were a citizen thereof, the rights of a citizen being to such extent hereby conferred, and moreover shall have the right to become naturalized and to become a citizen of any one of the Confederate States, and shall thereby be entitled to all the rights and privileges of a citizen of said State of the Confederate States upon taking an oath to support the Constitution of such State, and well and faithfully to serve the Confederate States of America, to maintain and support the Constitution and laws thereof, and to renounce all allegiance and obedience to any foreign government, state, sovereignty, prince or potentate, and particularly by name the government, state, sovereignty, prince or potentate of which he may be, or have been, a citizen or subject, and stating which one of the Confederate States he intends to become a citizen of; but if the State in which the said applicant shall have resided next before his application shall afterwards become a member of this Confederacy, the citizenship of said applicant shall remain in said State at his election, notwithstanding proceedings under this act.

        Before whom the oath to be taken.


        Secretary of War to provide blank forms of the oath, and distribute same.


        To inform persons in the military service of this act.


        Oath taken to be returned to War Department.


        Where to be filed.


        Clerk of district court to record the oaths and index the same.


        Clerk's fee.


        SEC. 2. The oath prescribed in the preceding section may be made by all persons below the rank of colonel, before the colonel or commanding officer of the regiment to which such persons may be attached,


Page 190

and said oath may be made by colonels, and all officers superior in rank to colonels, and by all persons enlisted in the military service of the Confederate States not attached to regiments, before any commissioned officer of the Confederate States of rank higher than that of colonel. And it shall be the duty of the Secretary of War to provide blank forms of the oath required to be taken as aforesaid, and to cause the same to be distributed whenever necessary, and to make the regulations necessary for informing all persons now engaged in the military service of the Confederate States of the provisions of this act, and to cause all the oaths so taken as aforesaid to be returned to the War Department. And it shall be further the duty of the Secretary of War to file for record, in the district court of the Confederate States for the State and district where the capital may be situated, all the oaths so returned to the War Department as aforesaid. And it shall be the duty of the clerk of said district court to record all oaths of naturalization field with him as aforesaid, and to keep an index of the same; for which service he shall be entitled to a fee of twenty-five cents for each naturalization oath, to be paid out of the public treasury in the same manner as his other fees of office.

APPROVED August 22, 1861

CHAP. XXXVIII.--An Act making appropriations for the expenses of Government in the Legistative, Executive and Judicial Departments, for the year ending eighteenth of February, eighteen hundred and sixty-two.

August 24, 1861.

        Appropriations for the expenses of the government for the year ending February 18, 1862.


        The Congress of the Confederate States of America do enact, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the objects hereafter expressed, for the year ending the eighteenth of February, eighteen hundred and sixty-two:

        Legislative.


        LEGISLATIVE.--For compensation and mileage of members of Congress, forty-five thousand dollars.

        Executive.


        EXECUTIVE.--For contingent and telegraphic expenses of the Executive office, two thousand five hundred dollars.

        Department of Justice.


        DEPARTMENT OF JUSTICE.--For incidental and contingent expenses, including printing and advertising the laws, two thousand five hundred dollars.

        For salary of the law clerk of the Department of Justice, eight hundred and seventy-five dollars.

        For salary of superintendent of public printing, and clerk and messenger in his office, three thousand dollars.

        For purchase of paper for the printing of Congress and the Executive Departments, under the fourth section of the act of May fourteenth, eighteen hundred and sixty-one, seven thousand dollars.

        Treasury Department.


        TREASURY DEPARTMENT.--For one chief clerk to aid the first auditor in auditing the accounts of the Post-office Department, at two thousand dollars per annum, per act approved May sixteenth, eighteen hundred and sixty-one, the sum of one thousand five hundred and thirteen dollars and ninety-seven cents.

        For fifteen clerks, at twelve hundred dollars each, the sum of thirteen thousand six hundred and twenty-five dollars and eighty-two cents.

        For fourteen clerks, at one thousand dollars each, the sum of ten thousand five hundred and ninety-seven dollars and eighty-five cents.

        For one messenger, at five hundred dollars per annum, the sum of three hundred and seventy-eight dollars and forty-nine cents.


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        For one chief clerk for second auditor's office, at fourteen hundred dollars per annum, per act approved May twenty-first, eighteen hundred and sixty-one, the sum of one thousand and forty-four dollars and thirty-nine cents.

        For five clerks, per same act, at twelve hundred dollars each, the sum of four thousand four hundred and seventy-six dollars.

        For five clerks, per same act, at one thousand dollars each, the sum of three thousand seven hundred and thirty dollars.

        Judiciary.


        JUDICIARY.--For salaries of judges and district attorneys of the Confederate States, and incidental and contingent expenses of courts, twenty-two thousand dollars.

        Public debt.


        PUBLIC DEBT.--For interest on the public debt, two hundred and fifty thousand dollars.

APPROVED August 24, 1861.

CHAP. XXXIX.--An Act making appropriations to carry into effect, "An act to authorize the issue of treasury notes, and to provide a war tax for their redemption," and for other purposes.

August 24, 1861.

        Specific appropriations.


        The Congress of the Confederate States of America do enact, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, to carry into effect "An act to authorize the issue of treasury notes, and to provide a war tax for their redemption," for the year ending the eighteenth of February, eighteen hundred and sixty-two: For one chief clerk, fifteen hundred dollars; for two clerks, twelve hundred dollars each, twenty-four hundred dollars; for two clerks, at one thousand dollars each, two thousand dollars; for five additional clerks, if found necessary by the Secretary of the Treasury, at one thousand dollars each, five thousand dollars; for printing forms and advertising, ten thousand dollars; for paper for bonds, and for engraving and printing treasury notes and bonds, one hundred and thirty-seven thousand dollars.

APPROVED August 24, 1861.

CHAP. XL.--An Act to authorize the issue of inscribed stock in the stead of Coupon Bonds.

August 24, 1861.

        Certificates of inscribed stock may be issued in lieu of coupon bonds.


        The Congress of the Confederate States of America do enact, That in all cases where bonds are authorized to be issued under the acts of Congress, to raise money for the use of the Confederate States, the Secretary of the Treasury, at the request of the party interested, may cause to be issued, instead of bonds, certificates of inscribed stock, payable to order, transferable at the treasury for the same amount of principal, at the same rate of interest, and payable at the same dates as are prescribed for the bonds.

        Forging or counterfeitng of said certificates.


        Uttering and publishing.


        Punishment.


        SEC. 2. And be it further enacted, That if any person shall falsely make, forge or counterfeit, or cause, or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, or forging, or counterfeiting any certificate of stock, in imitation of, or purporting to be, a certificate of stock, issued in accordance with the provisions of any acts of Congress, authorizing the issue of any certificate of stock, or shall pass, utter or publish, or attempt to pass, utter or


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publish, as true, any false, forged or counterfeited certificate of stock, purporting to be a certificate of stock as aforesaid, knowing the same to be falsely made, forged, or counterfeited, or shall falsely alter, or cause or procure to be falsely altered, or willingly aid, or assist in falsely altering any certificate of stock, issued as aforesaid, or shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any falsely altered certificate of stock, issued as aforesaid, knowing the same to be falsely altered, every such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept at labor for a period of not less than three years, nor more than ten years, and be fined in a sum not exceeding five thousand dollars.

APPROVED August 24, 1861.

CHAP. XLI.--An Act to establish Assay Office at Charlotte and Dahlonega.

August 24, 1861.

        Assayers at Charlotte and Dahlonega. Their duties.


        The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized to appoint an assayer at Charlotte, North Carolinia, and another at Dahlonega, in the State of Georgia, whose duty it shall be to assay and certify the fineness and value of such gold and silver as may be submitted to them respectively to be assayed.

        Bond.


        Oath.


        To have charge of the buildings, used for the mint, etc.


        SEC. 2. The said assayers shall, respectively, execute a bond to the Confederate States, with sufficient sureties, in such sum as may be approved by the Secretary of the Treasury, to discharge the duties of his office, and shall take oath to discharge the said duties and to support the Constitution of the Confederate States; whereupon the Secretary of the Treasury shall place in his charge, and subject to his use, the buildings used for the mint, and the tools and implements used therein.

        To take care of buildings, grounds etc.


        Term of office.


        SEC. 3. It shall be the duty of the said assayer to take proper care of the said buildings, grounds, and property, keep the same in good repair, and to restore the same to the Confederate States in like condition in which they were received; he shall hold his office for two years, and shall employ under him, at such rates as he may agree upon, such workmen and inferior officers as he may see fit.

        Workmen and inferior officers.


        Defraying of expenses of the establishment.


        Salary of assayer.


        SEC. 4. The whole expense of the establishment shall be defrayed by the assayer; and, in order to defray the same, and to receive a reasonable compensation for his services, he shall be entitled to retain from all metals or ore submitted to him for assay, such seignorage or charge as will enable him to receive an annual salary not exceeding two thousand dollars.

        Report of his proceedings.


        Assayers and their officers subject to orders of Secretary of Treasury.


        SEC. 5. The said assayers shall, from time to time, as required by the Secretary of the Treasury, make an accurate report of all proceedings at their offices, in such form as may be required by the said Secretary; and they and their officers shall, at all times, be subject to such orders and regulations as the Secretary of the Treasury may, from time to time, make or direct.

APPROVED August 24, 1861.


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CHAP. XLII.--As Act making additional appropriations for the Navy of the Confederate States, for the year ending February eighteenth, eighteen hundred and sixty-two.

August 24, 1861.

        Specific appropriations for the Navy for the year ending Feb. 18, 1861.


        The Congress of the Confederate States of America do enact, That there be appropriated, out of any money in the Treasury, not otherwise appropriated, for the year ending February eighteenth, eighteen hundred and six-two, the following sums for the Navy:

        For the purchase and building of steamers and gun-boats for coast defences of the Confederate States, the sum of fifty thousand dollars.

        For repairing and fitting the steamer Merrimac as an iron-clad ship, the sum of one hundred and seventy-two thousand five hundred and twenty-three dollars.

        For raising the ships-of-the-line Columbus, Delaware, Pennsylvania and brig Dolphin, the sum of twenty-five thousand dollars.

        For pay, subsistence, and other wants of five hundred additional seamen, ordinary seamen, landsmen and boys, and firemen and coal heavers, the sum of ninety thousand dollars.

        For medical supplies and surgeon's necessaries, the sum of four thousand dollars.

        To pay employees at the Navy Yard, Norfolk, Virginia, from the first day of July, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, the sum of six thousand seven hundred dollars.

        For floating defences for New Orleans, Louisiana, eight hundred thousand dollars.

        To construct sub-marine batteries for the destruction of vessels, fifty thousand dollars.

        To construct a centrifugal gun, invented by Charles S. Dickinson, subject to the conditions of the Act passed for that purpose, five thousand dollars.

        For expenditures in the Ordnance Department of the Navy Yard at Norfolk, for the year ending February eighteenth, eighteen hundred and sixty-two, one hundred and fifteen thousand and fifty-one dollars.

        Eor the construction, equipment, and armament of two iron-clad gunboats, for the defence of the Mississippi river and the city of Memphis, one hundred and sixty thousand dollars.

APPROVED August 24, 1861.

CHAP. XLIII.--An Act to repeal the fourth section of "An act to regulate Foreign Coins in the Confederate States," approved March sixteenth, eighteen hundred and sixty-one, and for other purposes.

Aug. 24, 1861.

        Repeal of § 4 of act of 1861, March 14, ch. 42, regulating Foreign Coins.


        Foreign gold coin to be current at certain rates.


        The Congress of the Confederate States of America do enact, That from and after the passage of this act, the fourth section of "An Act to regulate Foreign Coins in the Confederate States," approved March sixteenth, eighteen hundred and sixty-one, be, and the same is hereby repealed, and that hereafter the following gold coin shall pass current as money within the Confederate States of America, and be receivable for the payment of all debts and demands at the following rates, that is to say: The Sovereign, of England, of no less a weight than five pennyweights and three grains, and of the fineness of (915 1-2) nine hundred and fifteen and one-half thousandths, shall be deemed equal to four dollars and eighty-five cents; the Napoleon, of the weight of not less than (4 dwt. and 3 1-2 grains) four pennyweights, three grains and one-half, and of a fineness of not less than (899) eight hundred and ninety-nine thousandths, shall be deemed equal to three dollars and eighty-five cents; the Spanish and Mexican Doubloons, of no less a weight than (17 dwt., 8 1-2 grs.) seventeen


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pennyweights, eight grains and one-half, and of the fineness of not less than (899) eight hundred and ninety-nine thousandths, shall be deemed equal to fifteen dollars and sixty cents.

APPROVED August 24, 1861.

CHAP. XLIV.--An Act amendatory of "An act to prescribe the rates of postage in the Confederate States of America," approved February twenty-third, eighteen hundred and sixty-one.

Aug. 29, 1861.

        Act of 1861, Feb. 23, ch. 13, amended.


        Pre-payment of postage not required on mail matter addressed to State officers.


        Proviso.


        The Congress of the Confederate States of America do enact, That all mailable matter addressed to officers of the several State governments, for the payment of the postage on which the said governments are responsible, in the adjustment of the accounts of the parties mailing the same, may be transmitted through the mails without the pre-payment of postage thereon: Provided, That the person mailing the same shall endorse thereon his official title and the nature of the matter mailed; and the postage thereon shall be collected of the said governments at the office of delivery.

CHAP. XLV.--An Act making further appropriations for the service of the Post-Office Department during the year ending the eighteenth February, eighteen hundred and sixty two.

Aug. 29, 1861.

        Appropriation to supply deficencies in revenue of Post-Office Department during the year ending Feb. 18, 1861.


        The Congress of the Confederate States of America do enact, That the sum of five hundred thousand dollars be, and the same is hereby, appropriated out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the revenue of the Post-Office Department during the year ending the eighteenth February, eighteen hundred and sixty-two.

APPROVED August 29, 1861.

CHAP. XLVI.--An Act to amend an act entitled "An act to create the clerical force of the several Departments of the Confederate States of America and for other purposes," approved March seventh, eighteen hundred and sixty-one.

Aug. 29, 1861.

        Act of 1861, Mar. 7, ch. 30, amended.


        Clerical force of the War Department increased.


        The Congress of the Confederate States of America do enact, That the clerical force of the War Department shall be increased to the extent and in the manner following, to-wit:

        For the office of the Secretary of War.


        FOR THE OFFICE OF THE SECRETARY OF WAR.--One clerk, at the rate of two thousand dollars per annum; for the payment of whom, from eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is hereby appropriated the sum of one thousand dollars.

        Office of Adjutant General.


        FOR THE OFFICE OF THE ADJUTANT GENERAL.--One clerk at the rate of twelve hundred dollars per annum; one clerk at the rate of one thousand dollars per annum; one clerk at the rate of eight hundred dollars per annum; for whose payment, from eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is hereby appropriated the sum of fifteen hundred dollars.

        Office of Quartermaster General.


        FOR THE OFFICE OF THE QUARTERMASTER GENERAL three additional clerks at twelve hundred dollars each per annum; three additional clerks at one thousand dollars each per annum; for whose payment, from


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eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is hereby appropriated the sum of three thousand and three hundred dollars.

        Office of Commissary General.


        FOR THE OFFICE OF THE COMMISSARY GENERAL, for two clerks at the rate of twelve hundred dollars each per annum; for whose payment, from eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is hereby appropriated the sum of twelve hundred dollars.

        Bureau of Engineers.


        FOR THE BUREAU OF ENGINEERS.--One clerk at twelve hundred dollars; one clerk at one thousand dollars; one draughtsman at twelve hundred dollars; for whose payment, from the eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is hereby appropriated the sum of seventeen hundred dollars.

APPROVED August 29, 1861.

CHAP. XLVII.--An Act to authorize the construction of certain gun-boats.

Aug. 29, 1861.

        Additional gun-boats to be constructed.


        The Congress of the Confederate States of America do enact, That in addition to the gun-boats heretofore authorized by law, the President be, and he is hereby, authorized, in his discretion, to cause to be constructed three others, specially adapted to sea coast defence.

        Appropriation for.


        SEC. 2. That the sum of four hundred and twenty thousand dollars be, and the same is hereby, appropriated to the object specified in the foregoing section.

APPROVED August 29, 1861.

CHAP. XLVIII.--An Act to fix the fees and costs in Admiralty cases.

Aug. 29, 1861.

        Fees in admiralty cases to clerks, marshals and district attorneys.


        The Congress of the Confederate States of America do enact, That for all services rendered by clerks, marshals, and district attorneys in admiralty cases in the Confederate Courts, and for which no compensation is now fixed by law, there shall be paid to said officers, and allowed to them in the settlement of their accounts, the same costs and fees as were allowed under the laws of the United States in like cases, which were in force on the eighteenth February, eighteen hundred and sixty-one.

APPROVED August 29, 1861.

CHAP. XLIX.--An Act to authorize the Secretary of the Navy to make certain contracts without advertising for proposals.

Aug. 29, 1861.

        Secretary of Navy may contract for building of gun-boats, &c., without advertising for proposals.


        Proviso.


        The Congress of the Confederate States of America do enact, That the Secretary of the Navy be, and he is hereby, authorized, in case he should deem it advisable, to contract for building any gun-boats for which appropriations have been, or may be, made during the present or any previous session of Congress, or for altering other vessels so as to convert them into gun-boats, without advertising for proposals for such work, as required by law: Provided, That the contracts so made shall be in writing, and shall be placed on file in the Navy Department, and a copy thereof deposited, without delay, in the office of the controller of the Treasury.

APPROVED August 29, 1861.


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CHAP. L.--An Act making appropriation for the purchase of a steamer and certain military supplies.

August 30, 1861.

        Appropriation for the purchase of a steamer and military supplies.


        The Congress of the Confederate States of America do enact, That the sum of one million of dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the purchase of a steamer, and such supplies of leather, shoes, flannel and woolen clothing and blankets for the use of the troops in the service of the Confederate States--the said appropriation to be expended under the direction of the President.

APPROVED August 30, 1861.

CHAP. LI.--An Act to amend the second section of "An act concerning the transportation of soldiers and allowance for clothing of volunteers, and amendatory of the 'Act for the establishment and organization of the army of the Confederate States.' "

August 30, 1861.

        Amendment of § 2, of act of May 21, 1861, ch. 39.


        Secretary of War authorized to provide and furnish clothing for the army.


        The Congress of the Confederate States of America do enact, That the Secretary of War be, and he is hereby, authorized and required to provide, as far as possible, clothing for the entire forces of the Confederate States, and to furnish the same to every regiment or company upon the requisition of the commander thereof, the quantity, quality and kind thereof to be established by regulation of the Department, to be approved by the President; and, in case any State shall furnish to its troo