ACTS AND RESOLUTIONS
OF THE
FIRST SESSION
OF THE
PROVISIONAL CONGRESS
OF THE
CONFEDERATE STATES,
HELD AT MONTGOMERY , ALA.
RICHMOND
ENQUIRER BOOK AND JOB PRESS.
BY TYLER, WISE, ALLEGRE & SMITH.
1861.
Page 35
ACTS AND RESOLUTIONS.
No. 1.] A RESOLUTION
To appoint Messrs. Reid
& Shorter Printers to the Congress.
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
No. 2] A RESOLUTION
Accepting the
appropriation of Five hundred Thousand
Dollars, made by the General Assembly of the 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
ADOPTED
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No. 3.] A RESOLUTION
For the preservation of
the Records of Congress.
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 secrecy,
therefore,
Resolved by the
Confederate States of
ADOPTED
No. 4.] A RESOLUTION
In regard to the State
of North Carolina
from said State to this Congress.
WHEREAS, The people of
Be it therefore
resolved, That this Congress receive with pleasure
the Commissioners from the State of
ADOPTED
No. 5.] AN ACT
To continue in force
certain laws of the United States of
America
America
Be it enacted
by the Confederate States of
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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are hereby continued in force until altered or repealed by the Congress.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
No. 6.] A RESOLUTION
In relation to the
occupation of the Forts and Arsenals, &c.
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
No. 9.] A RESOLUTION
Authorizing the
Secretary of Congress to arrange for Publication
the Provisional Constitution for the Government
of the Confederate States of America
Signatures of Members of Congress, &c.
Resolved by the
Confederate States of
ADOPTED
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No. 11.] A RESOLUTION
To authorize the Judiciary Committee to
have such matter
printed as they may desire to lay before the Congress.
Resolved by the
Confederate States of
ADOPTED
No. 12] AN ACT
To continue in office the Officers
connected with the Collection
of the Customs in the Confederate States of America
SECTION
1. 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
imports 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.
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
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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
No. 13.] A RESOLUTION
To continue in office
the Officers of the Customs.
Resolved by the
Confederate States of America in Congress assembled, That until otherwise
provided, the several officers connected with the collection of the 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 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
No. 14.] A RESOLUTION
Giving certain powers
to the Committee of Naval Affairs.
Resolved by the
Confederate States of
ADOPTED
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No. 15.] A RESOLUTION
To provide for Printing
for the Committees of the Congress.
Resolved by the
Confederate States of
ADOPTED
No. 17.] A RESOLUTION
For the appointment of
Commissioners to the Government
of the United States of America
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
No. 18.] A RESOLUTION
For the 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
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No. 19.] A RESOLUTION
For the relief of J. M.
Walden, a citizen of Georgia
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
and 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
No. 20.] AN ACT
To exempt from Duty certain commodities
therein named,
and for other purposes.
SECTION
1. 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.
SEC.
2. And be it further enacted, That all goods, wares and
merchandize 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.
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SEC.
3. And be it further enacted, That the
State of
ADOPTED
No. 21.] AN ACT
To Provide Munitions of War and for other
purposes.
SECTION
1. Be it enacted by the Confederate States of America in Congress
assembled, That the President or 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 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
No. 22.] AN ACT
To authorize the
President to appoint a Private Secretary.
SECTION
1. 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
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No. 23.] AN ACT
To determine the
Salaries of the Vice President and of the
Heads of 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
No. 24.] AN ACT
To organize the
Department of State.
SECTION
1. 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.
SEC.
2. Be it further enacted, It shall be
the duty of the Secretary of State to keep and preserve all bills and
resolutions
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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 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.
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.
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
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No. 25.] AN ACT
To establish the
Treasury Department.
SECTION
1. 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.
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 generally to perform all such services relative to
the finances, and all such other duties, as he may by law be directed to
perform.
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.
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
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in evidence in all the courts of the Confederate
States, in lieu of such original papers or records.
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 signatures 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.
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.
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.
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.
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
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certificates of balances of accounts
adjusted as herein directed.
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 acknowledgment for money
received into the public treasury 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.
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 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
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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
No. 26.] AN ACT
To establish the War
Department.
SECTION
1. 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.
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.
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
No. 27.] AN ACT
To establish the Navy
Department.
SECTION
1. 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.
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
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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
No. 28.] AN ACT
To establish the Post
Office Department.
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
No 29.] AN ACT
To organize and
establish an Executive Department, to be
known as the Department of Justice.
SECTION
1. The Congress of the Confederate States of
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
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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.
No. 30.] AN ACT
To prescribe the Rates of Postage in the
Confederate States
of America, and for other purposes.
SECTION 1. 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; and for any
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.
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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 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 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, hand bill,
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 pre-paid by stamps. And
books, bound or unbound, not weighing 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.
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
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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 peson 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.
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 letters 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.
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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, indorse on the back of
the letter or package to be sent free of postage, over their own signature, the
words "Official Business." And for any such indorsement
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 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 indorse thereon, over his
own signature, the words "Post Office Business." And for any and
every such indorsement falsely made, the person
making the same shall forfeit and pay three hundred dollars.
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.
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.
SEC. 8. Be it
further enacted, That the Postmaster General of the Confederate States be
and is hereby authorized to
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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 Februay 23, 1861.
No. 31.] AN ACT
For the Relief of William P. Barker.
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.
No. 32.] A RESOLUTION
To provide an Executive Mansion.
The Congress of
the Confederate States of America do resolve, 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. 33.] AN ACT
In relation to Public Printing.
SECTION 1. 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
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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.
SEC. 2. The acts
shall be arranged under appropriate titles, shall have marginal notes to each
section, and be fully indexed.
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.
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.
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.
SEC. 6. The public
printers shall be entitled to receive as compensation for the publication of
the laws and journal 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.
SEC. 7. For all
job printing ordered by Congress the public printers shall receive the
following compensation and no more, viz
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.
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, rule, two dollars; for rule and figure work on page larger than royal
octavo, per 1000 ems, one dollar: for press-work,
including folding and stitching, per token, seventy cents.
Third: For yeas
and nays, circular letters, and other miscellaneous printing ordered by
Congress--For composition, plain work, per 1000 ems,
seventy cents; rule and
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figure work per 1000 ems, one dollar;
for press-work, including folding and stitching, per token or fraction of
token, seventy-cents.
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.
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.
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.
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 1000 ems,
fifty cents; for press-work, per clean token, (the sheets not to be 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 post-office alone is changed. But the printer shall be required to keep
always on hand, forms for post-office 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.
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 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.
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.
SEC. 12. When
printing on parchment is required to be done for an Executive Department, the
parchment shall be
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purchased and furnished by such department, and a special contract
made for such printing, not exceeding ten dollars per thousand copies.
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.
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.
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.
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SEC. 16. All laws
or parts of laws militating against the provisions of this act are hereby
repealed.
APPROVED February
27, 1861.
No. 34.] AN ACT
To declare and establish the Free
Navigation of the Mississippi
River.
SECTION 1. 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.
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 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,
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
Page 59
States: Provided, That if any such ship, boat or vessel
shall be stranded, or front any cause become unable to proceed on its voyage,
the cargo thereof may be landed and the same 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.
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 merchandize 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 merchandize 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 merchandize transported as
aforesaid, each and every person so offending shall forfeit and pay five
hundred dollars, and shall be imprisoned not less than one or more than six
months, at the discretion of the court before which such person shall be
convicted.
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 merchandize 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 said goods, wares and merchandize at any port of
entry, in the same manner as goods, wares or merchandize 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 merchandize 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 merchandize, as is provided by law,
upon complying with all the laws and regulations which apply to cases of entry
for drawback or warehousing respectively.
Page 60
SEC. 5. Be it
further enacted, When any such ship, boat or vessel, having on board goods,
wares and merchandize subject to the payment of duties, as set forth in the
fourth section, shall arrive at the first port of her entry of 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 officers 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 deposit 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 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.
No. 35.] AN ACT
To modify the Navigation Laws and repeal
all Discriminating
Duties on Ships or Vessels.
SECTION 1. 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
merchandize 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.
Page 61
SEC. 2. All laws
which impose any discriminating duty on the tonnage of ships or vessels owned
by any subject or citizen of any foreign State or power, or upon goods, wares
or merchandize imported in any such ship or vessel, are hereby repealed.
APPROVED February
26,1861.
No. 36.] AN ACT
To define more accurately the exemption
of certain Goods
from Duty.
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.
No. 37.] AN ACT
For the Establishment and Organization of
a General Staff
for the Army of the Confederate States of America.
SECTION 1. The
Congress of the Confederate States of America do enact, That from and after
the passage 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.
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
Page 62
Assistant Adjutants General with the rank of Major, and four
Assistant Adjutants General with the rank of Captain.
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.
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.
SEC. 5. And 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.
SEC. 6. Be it
further enacted, That the officers of the Adjutant General's, Quartermaster
General's and Commissary General's Department, 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.
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
Page 63
such pay and allowances as shall be hereafter established by law.
APPROVED February
26, 1861.
No. 38.] AN ACT
To authorize the Secretary of the
Treasury to establish additional
Ports and places of Entry and Delivery, and appoint
Officers therefor.
SECTION 1. 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 merchandize 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.
SEC. 2. And 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.
No. 40.] AN ACT
To authorize the Secretary of State to
appoint an Assistant.
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.
Page 64
No. 41.] AN ACT
To raise Money for the support of the
Government, and to
provide for the Defence of the Confederate States of
America.
SECTION 1. 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.
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 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.
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.
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
Page 65
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.
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.
No. 42.] AN ACT
Supplemental to an act to regulate the
Rates of Postage
and for other purposes.
SECTION 1. 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 prepaid in money, under
such rules and regulations as he may adopt.
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
Page 66
States for similar service, and the compensation to be paid shall
not exceed the income from postage on such matter.
APPROVED March 1,
1861.
No. 43.] AN ACT
To raise Provisional Forces for the
Confederate States of
America, and for other purposes.
SECTION 1. 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.
SEC. 2. 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
said States, and all other arms and munitions which they may desire to turn
over and make chargeable to this government.
SEC. 3. And 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.
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, 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.
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
Page 67
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.
No. 44.] AN ACT
To admit Texas as a member of the
Confederate States of
America.
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.
No. 45.] A RESOLUTION
In relation to Patents and Caveats.
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
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be required by law establishing a patent office, on application
for patents and filing of caveats.
APPROVED March 4,
1861.
No. 48.] AN ACT
To provide for the Public Defence.
SECTION 1. 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.
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.
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.
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, to money in 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.
Page 69
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.
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.
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 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.
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 2d lieutenant; and that the
President may limit the privates in any volunteer company, according to his
discretion, at from sixty-four to one hundred.
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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.
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.
No. 49.] 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.
SECTION 1. 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
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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.
No. 50.] AN ACT
To provide for the Registration of
Vessels owned in whole
or in part by Citizens of the Confederate States.
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.
No. 51.] AN ACT
To establish and organize a Bureau in
connection with the
Department of the Treasury, to be known as the Lighthouse
Bureau.
SECTION 1. The
Congress of the Confederate States 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
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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 accounting clerk, with a salary of one thousand dollars.
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.
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.
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 the Lighthouse
Bureau, in superintending the construction or repair of lighthouses or other
necessary structures in connection with the lighthouse establishment, or other
similar duty assigned by the Lighthouse Bureau in connection therewith.
SEC. 5. The chief
of the bureau shall, at least once ever 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.
SEC. 6. All laws
and parts of laws contravening the provisions of this act are hereby repealed.
APPROVED March 6,
1861.
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No. 52.] AN ACT
For the establishment and organization of
the Army of the
Confederate States of America.
SECTION 1. The
Congress of the Confederate States of America no 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.
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.
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 service, 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 fortkeepers, preventing injury and
making repairs.
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,
&c., 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.
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.
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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.
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.
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.
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 aid-de-camp, may perform the duties of
assistants adjutant general.
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.
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.
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 and artillery,
according to corps. Appointments to
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the rank of brigadier general, after the army is organized, shall
be made by selection from the army.
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.
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.
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.
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.
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.
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,
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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.
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 years'
service in that grade, one hundred and thirty dollars; and an assistant surgeon
of less than five years' service, one hundred and ten dollars.
SEC. 19. There
shall be allowed, in addition to the pay hereinbefore 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.
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 they 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.
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
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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.
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.
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.
SEC. 24. Each
enlisted man of the army of the Confederate States 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.
SEC. 25. Rations
shall generally be issued in kind, but
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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.
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.
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.
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.
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 martial 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
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be composed of their own corps, according to the commission 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.
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.
SEC. 31. All laws
or parts of laws of the United States, which have been adopted by the Congress
of the Confederate States, repugnant to or inconsistent with this act, are
hereby repealed.
APPROVED March 6,
1861.
No. 53.] AN ACT
To create the Clerical Force of the
several Executive Departments
of the Confederate States of America, and for other
purposes.
SECTION 1. 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: 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.
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.
To each of the
bureaus of the Treasury Department,
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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.
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.
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.
To the Post-Office
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 annum. And there shall be one messenger, at an annual
salary of five hundred dollars.
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
Page 81
twelve hundred dollars, and also a messenger at a salary of five
hundred dollars.
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.
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.
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.
No. 54.] A RESOLUTION
In relation to International Copyrights.
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
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.
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No. 55.] AN ACT
To create the clerical force of the Navy
Department.
SECTION 1. 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.
No. 56.] A RESOLUTION
To continue the Mints at New Orleans and
Dahlonega.
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.
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.
No. 57.] AN ACT
To admit certain materials free of Duty
for the construction
of Telegraph Lines from Savannah, in the State of Georgia,
to Fort Pulaski, and from Mobile, in the State of Alabama,
to Fort Morgan.
SECTION 1. The
Congress of the Confederate States of America do enact, That certain cable
wire and other materials for
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the construction of a telegraph 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.
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.
No. 58.] 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.
SECTION 1. 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.
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
redemption 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 redemption, at the
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time or times herein specified, the faith of the Confederate
States of America is hereby pledged.
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.
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 expedient 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.
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.
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
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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.
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.
SEC. 8. And be
it further enacted, That the Secretary of the Treasury be and he is hereby
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, canceling 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.
SEC. 9. And be
it further enacted, That the Secretary of the Treasury be and he is hereby
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 of said notes.
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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 not 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.
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,
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 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.
SEC. 12. And be
it further enacted, That if any person shall make or engrave, or cause or
procure to be made or engraved, 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
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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 at hard labor for a term not less than three nor more than ten years, and
fined in a sum not exceeding five thousand dollars.
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
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 28th 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.
No. 59.] AN ACT
To provide for an Assistant Treasurer of
the Confederate
States of America, and a Treasurer of the Mint in the
city of New Orleans.
SECTION 1. The
Congress of the Confederate States of America
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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 deposit 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 deposit, 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.
SEC. 2. And be
it 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.
No. 60.] AN ACT
Further to provide for the organization
of the Post Office
Department.
SECTION 1. 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,
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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.
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.
SEC. 3. And it
is further enacted, That the Postmaster-General shall have the general
power to transfer the clerks authorised by this act
from any one bureau to another, according to the exigencies of the public
service.
APPROVED March 9,
1861.
No. 61.] AN ACT
To fix the pay of Members of the Congress
of the Confederate
States of America.
SECTION 1. 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.
SEC. 2. Be it
further enacted, That the pay of the President
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of Congress shall be sixteen dollars per day, and the same mileage
as the members.
APPROVED March 11,
1861.
No. 62.] 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 in Act of the Congress "To raise Provisional Forces
for the Confederate States of America, and for other
purposes."
SECTION 1. 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
quartermaster's 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 quartermaster's 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.
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.
Page 91
No. 63.] AN ACT
Making appropriations for the support of
the Regular Army
of the Confederate States of America for twelve months,
and for other purposes.
SECTION 1. 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, guards,
hospitals, store-houses and officers; of forage in kind for 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 packages received and
sent by officers of the army on public service; expenses of courts martial and
courts of inquiry, 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, store-houses 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 clerk's 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,
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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 store-houses 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 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,
Page 93
one hundred and ninety-nine thousand five hundred and forty
dollars.
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.
No. 64.] AN ACT
To establish a Court of Admiralty and
Maritime Jurisdiction
at Key West, in the State of Florida.
SECTION 1. 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 suiters 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.
SEC. 3. There
shall be appointed by the President, by and
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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 despatch
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.
SEC. 4. The said
judge shall also appoint a marshal 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
services as in said act are prescribed.
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 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.
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.
SEC. 7. The said
judge shall also appoint for said court a fit person, learned in the law, to
act as attorney for the Confederate States in all matters 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.
Page 95
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.
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.
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.
SEC. 11. This act
shall take effect and be in force from and after the passage thereof.
APPROVED March 11,
1861.
No. 65.] RESOLUTIONS
Providing for a Digest of Laws.
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.
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.
Resolved
further, That the committee be appointed by the President of Congress.
APPROVED, March
12, 1861.
Page 96
No. 66.] AN ACT
Making appropriations to carry out the provisions
of "An
act to provide for the public defence."
SECTION 1. 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.
No. 67.] 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.
SECTION 1. 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 assistant
adjutants-general with the rank of major, and four assistant adjutants-general
with the rank of captain.
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.
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.
Page 97
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.
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.
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 solemly 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.
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.
No. 69.] A RESOLUTION
Accepting certain Funds tendered to the
Confederate States
by the State of Louisiana.
WHEREAS, The
Convention of the State of Louisiana has adopted an ordinance as follows, to
wit :
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"An ordinance
to transfer certain funds to the Government of the Confederate States of
America.
"SEC. 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 Depository, and known as the
'Bullion Fund,' be transferred to the Government of the Confederate States of
America, and that said depository 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.
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 depository 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. 70.] AN ACT
To provide for the organization of the
Navy.
SECTION 1. 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 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.
SEC. 2. The annual
pay of said officers shall be as follows, viz:
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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.
When on leave or
waiting orders , three thousand dollars.
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.
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.
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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.
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.
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.
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.
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.
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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.
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.
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.
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.
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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 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.
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.
Page 103
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.
For twelve years'
sea service and upwards, one thousand dollars.
And be it
further enacted, That the commissioned officers hereinbefore 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.
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 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.
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.
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.
SEC. 6. The
following officers shall be attached to the
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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
inquiry, 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.
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.
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 take effect as soon as they shall be approved
by the President and published.
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.
Page 105
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.
No. 71.] AN ACT
To regulate Foreign Coins in the
Confederate States.
SECTION 1. 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.
SEC. 2. That all
laws now in force in reference to the coins of the United States, and the
striking and coining of 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 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.
SEC. 3. That the
silver coins issued in conformity with the law 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.
SEC. 4. That the
following foreign 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 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., 3 1-2 grs.) four pennyweigths three grains and
one-half, and of a fineness of not less than
Page 106
(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., 8 1-2 grs.) seventeen pennyweights eight grains and one-half, and
of the fineness of no less than (899) eight hundred ninety-ninth thousandths,
shall be deemed equal to fifteen dollars and fifty-three cents.
SEC. 5. That the
following silver coins shall pass current as money within the Confederate
States of America, and be received in payment for all debts and demands at the
following rates, that is to say: The American dollar, (412 1-2g.) four hundred
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.
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.
No. 72.] RESOLUTIONS
In reference to Forts, Dock-yards,
Reservations, and Property
ceded to the Confederate States.
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 these resolutions and the accompanying report to the governors of
the respective states.
Resolved
further, That in case of such cession, the President
Page 107
be and be is hereby authorized and empowered to take charge of any
such property ceded.
APPROVED March 15,
1861.
No. 73.] AN ACT
Making appropriations for the
Legislative, Executive
and Judicial expenses of Government for the year ending 4th
of February, eighteen hundred and sixty-two.
SECTION 1. 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.
-- 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.
-- 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.
For contingent
expenses of the executive office three hundred and fifty dollars.
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.--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.
Page 108
For the incidental
and contingent expenses of said department, including the bureaus, twelve
thousand dollars.
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.--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.
-- 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.--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.
-- For salaries of judges, attorneys, marshals, and incidental and contingent
expenses of courts, fifty thousand dollars.
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. -- 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.
--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
Page 109
of the Confederate States, one hundred and fifty thousand dollars.
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.
For expenses of
engraving bonds and 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. -- For rent of house for President of the Confederate States, five
thousand dollars.
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.
No. 74.] AN ACT
To authorize the appointment of
Commercial Agents or Consuls
to foreign ports.
SECTION 1. The
Congress of the Confederate States of America do enact, That the President
be and he is hereby authorized to appoint such commercial agents or consuls as
in his opinion the commercial interests of the Confederacy may require; 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 such 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.
Page 110
No. 75.] AN ACT
To authorize the construction or purchase
of Ten Gunboats.
SECTION 1. The
Congress of the Confederate States of America do enact, That the President
be and he is hereby authorized 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.
No. 76.] AN ACT
To define and fix the pay of the Officers
of the Congress of
the Provisional Government.
SECTION 1. 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 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.
SEC. 2 That the
extra clerk employed by the day to enrol or engross
the acts of Congress shall receive six dollars per diem, to be paid on the
warrant of the President of the Congress.
APPROVED March 15,
1861.
No. 77] 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."
SECTION 1. The
Congress of the Confederate States of America do enact, That so much of an
act entitled "An act to establish
Page 111
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 16,
1861.
No. 78.] AN ACT
To provide for the payment of Light Money
in the Confederate
States.
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.
No. 79.] AN ACT
To appoint a 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
Page 112
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.
No. 80.] AN ACT
Authorizing the President alone to make
certain
appointments.
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.
No. 81.] AN ACT
Vesting certain powers in the Postmaster
General.
SECTION 1. 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.
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
Page 113
security, on the post routes within the Confederate States, other
than railroads and steamboats, in accordance with the acts passed by this
Congress.
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.
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.
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 pre-paid 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; and if pre-paid
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.
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
Page 114
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.
No. 82.] AN ACT
To amend the laws relative to the
compensation of the Attorneys
of the Confederate States.
SECTION 1. 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 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.
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.
Page 115
No. 83.] AN ACT
To establish the Judicial Courts of the
Confederate States
of America.
SECTION 1. 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.
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.
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, pleadings
and proceedings, of what nature soever, pending
before the said court, shall be continued of course.
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.
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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.
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 authorized 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 is 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 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.
SEC. 7. All writs
and process, either mesne or final, which shall issue
from the Supreme Court, shall bear test in the
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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 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.
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
different districts under the laws aforesaid.
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.
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 authorize 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.
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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.
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.
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.
SEC. 14. Except
the style, the forms of writs and executions and other process, and the forms
and modes of proceeding in the progress 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
proceedings 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.
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
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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 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.
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.
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, deposition 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 thereof 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.
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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
acknowledgments of deeds or other 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.
SEC. 19. In all
the courts of the Confederate States the parties shall have a right to be heard
either by themselves or counsel.
SEC. 20. Where
judgments are a mortgage or lien upon the property of a 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 enrollment, 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."
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.
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 the 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
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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.
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.
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 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.
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 empanneling 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
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to complete the pannel. 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 summon 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
place where the court is holden, and the same for
returning.
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 tendered in
the highest court of original jurisdiction in the State in which such district
court sits.
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.
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.
SEC. 29. A writ of
error, when authorized by law to operate as a supersedeas
and stay of execution, shall only have that effect when a copy thereof and a
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.
SEC. 30. Should
the marshal or clerk fail to pay over to
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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, upon
motion and three days' notice in the court of which he is marshal or clerk.
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.
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.
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.
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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.
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.
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.
SEC. 36. The said
courts, in term, shall have power to direct a grand jury to be summoned and empannelled, whenever in its judgment it may be proper to
do so, and at such time as it may direct. After such jury is empannelled 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.
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 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.
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 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
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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.
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, which are navigable
from the sea by vessels of one hundred or more tons burden, within the 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.
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
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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
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 bond 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 Courts
of the United States.
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 Courts 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.
SEC. 42. From all
final judgments or decrees which may be rendered in any district court in any
cases of equity, of 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 appeal:
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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.
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.
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 and
usages of law, to any courts appointed under the authority of the Confederate
States.
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, treaty or
laws of the Confederate States:
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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
causes 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 proceeding upon reversal shall be the same, except that the
Supreme Court, instead of remanding the cause 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 questions of validity or construction of
the said Constitution, treaties, statute, commissions or authorities in
dispute.
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.
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 the
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 court or district courts, or other
persons in whose custody said records, papers, dockets, depositions and
judicial 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
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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 be 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 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
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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.
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.
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
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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 cause is to be tried.
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 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.
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
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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.
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.
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 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.
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.
No. 84.] AN ACT
Making appropriations for the Custom
Houses at New Orleans
and Charleston, and for other purposes.
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:
Custom House,
Charleston, South Carolina.--For preserving unfinished work upon the
Charleston custom house, the sum of five thousand dollars.
Custom House,
New Orleans.--For roof, and preserving
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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 ten thousand dollars.
APPROVED March 15,
1861.
No. 85.] A RESOLUTION
In relation to 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.
Resolved
further, That estimates shall regularly be submitted by the Secretary, and
no disbursement of the contingent fund shall hereafter be audited by the
committee on accounts, except in accordance with such estimates.
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. 86.] AN ACT
To establish the Bureau of Indian
Affairs.
SECTION 1. 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.
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
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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.
No. 87.] AN ACT
To exempt from Duty certain articles of
merchandise therein named.
SECTION 1. 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 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 that 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.
SEC. 2. And be
it further enacted, That all books, pamphlets and tracts and other
publications printed and published by tiny church or benevolent society, whose
organization extends to and embraces citizens of the Confederate States, shall
be free and exempt from duty.
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.
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No. 88.] AN ACT
To fix the Duties on Articles therein
named.
SECTION 1. 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, on all iron in a less manufactured state;
also on railroad rails, spikes, fishing plates, and chains used in the
construction of railroads, paper of all sorts and all manufacturers of; wood, unmanufactured of all sorts.
APPROVED March 15,
1861.
No. 89.] AN ACT
Making appropriations for the for the
support of the Navy for the
year ending 4th February, eighteen hundred and sixty-two.
The Congress of
the Confederate States 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:
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 1861 will be filled, one hundred and
thirty-one thousand seven hundred and fifty dollars.
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.
3d. For provisions
and clothing and contingencies in paymaster's department, one hundred and
thirty-three thousand eight hundred and sixty dollars.
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.
5th. For
expenditures which will be required for coal for
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the use of steamers, two hundred and thirty-five thousand dollars.
6th. For the
probable cost of ten steam-gun boats for coast defences
of the Confederate States, to be built or purchased as may be most convenient,
one million one hundred thousand dollars.
7th. For the
probable cost of completing and equipping the steam sloop Fulton, now at the
Pensacola navy yard, twenty-five thousand dollars.
8th. For the pay
of officers and others at the navy yard, Pensacola, fifty-four thousand three
hundred and sixty-three dollars.
9th. For
compensation of four clerks on duty at the Navy Department as per act of 11th
March, at fifteen hundred dollars each, six thousand dollars.
APPROVED March 15,
1861.
No. 90.] AN ACT
Supplementary to an Act entitled an Act
to organize the
Navy.
SECTION 1. 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.
No. 91.] AN ACT
To authorize the transit of merchandize
through the Confederate
States.
SECTION 1. The
Congress of the Confederate States of America
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do enact, That goods, wares and merchandize imported from any
foreign country into the Confederate States, destined for any foreign county,
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 the power to make
such regulations as he may deem expedient for the safety 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.
No. 92.] A RESOLUTION
To pay certain Naval Officers their Travelling 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 Raphael 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 travelling expenses at
the rates prescribed by law.
APPROVED March 15,
1861.
No. 93.] AN ACT
To repeal the Third Section of an Act to
exempt from Duty
certain commodities therein named, and for other
purposes.
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
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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.
NO. 94.] AN ACT
Supplemental to an Act to define and fix
the pay of the Officers
of the Congress.
SECTION 1. The
Congress of the Confederate States of America do enact, That the mount 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.
No. 95.] A RESOLUTION
To provide for the 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 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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No. 96.] AN ACT
To appropriate Money for certain civil
purposes.
Section 1. 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.
No. 97.] AN ACT
Making additional appropriations for the
support of the
Army, for the year ending the first of March, eighteen
hundred and sixty-two.
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.
No. 98.] AN ACT
Making appropriations for the service of
the Post-Office
Department, for the fiscal year ending the first of March,
eighteen hundred and sixty-two.
SECTION 1. 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
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of the mails inland, one million one hundred and two thousand two
hundred and eighteen dollars forty-nine cents; for compensation of postmasters,
three hundred thousand dollars; for clerk of post-offices, one hundred thousand
dollars; for ship, steamboat 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 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.
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.
No. 99.] AN ACT
To authorize the Secretary of the
Treasury to appoint Special
Agents in certain cases.
SECTION 1. The
Congress of the Confederate States 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, subtreasurers, public depositaries, mints, and all other
officers and agents who may be under the control of the Treasury Department, as
occasion may require, with such compensation,
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not exceeding six dollars per day and travelling
expenses, as he may think reasonable, to be fixed at the time of each
appointment. The agent selected to make these examinations shall be instructed,
in all offices having charge 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.
SEC. 2. Be it
further enacted, That this act shall expire in two years from the date of
its passage.
APPROVED, March
16, 1861.
No. 100.] AN ACT
Making appropriation for the service of
the Bureau of
Indian Affairs.
SECTION 1. 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.
No. 101.] AN ACT
To amend an Act entitled an Act
authorizing the President
alone to make certain appointments.
SECTION 1. 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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CONFEDERATE STATES OF
AMERICA, DEPARTMENT OF STATE.
I certify that the
foregoing Laws and Resolutions have been carefully compared with the original
copies on file in the office of the Secretary of State.