EDITED BY
TO BE CONTINUED
ANNUALLY.
Page ii
CONFEDERATE STATES OF
Department of Justice,
By an Act of the
Provisional Congress, approved on the 5th day of August, 1861, section third,
it was made, inter alia, "the duty of the
Attorney General, at the close of each session of Congress, to cause all the
laws and resolutions having the force of laws, and all treaties entered into by
the Confederate States, to be published under the supervision of the
Superintendent of Public Printing." This section was amended by a further
act, approved on the 17th day of February, 1862, which provides, "That the
third section of said act be so amended as to authorise
the Attorney General to cause three thousand copies of the Provisional and
Permanent Constitution, and of all the acts and resolutions and treaties of the
Provisional Government of the Confederate States which are not secret, to be
published in one volume, at the close of the present session of Congress,
arranged, and with marginal notes, and indexed, as provided in said act."
The effect of this amendment, it will be observed, is to repeal the third
section of the first mentioned act, so far as it applies to the legislation of
the Provisional Congress, and restrict its application to the laws and
resolutions passed by Congress under the Permanent Constitution, and to
treaties entered into by the Confederate States under that Constitution.
For sometime after
the passage of the act of the 5th day of August last, it was impossible to
comply with its requirements because of the fact that the requisite
paper--"paper equal in quality to the edition of the laws of the United
States, as annually published by Little & Brown,"--could not be
procured; and it was not till very recently that the Superintendent of Public
Printing succeeded in obtaining it. For this reason the laws and resolutions
have been published, heretofore, under special resolutions of Congress, for temporary
convenience, on paper of inferior quality, and without regard to the provisions
of the act. This is the first publication that has been made in conformity with
its provisions.
The following laws
and resolutions have been carefully compared with the original Rolls on file in
this Department, and all typographical errors other than those noted in the
table of errata, corrected. Where anything essential to complete the sense is
omitted in the Rolls it is inserted in the text, included in brackets.
JAMES M. MATTHEWS,
Law Clerk.
Page iii
·
War Department. An Act supplementary to An Act entitled
"An Act to establish the War Department," approved February
twenty-first, eighteen hundred and sixty-two.
·
Writ of Habeas Corpus suspended. An act to authorize
the suspension of the writ of habeas corpus in certain cases.
·
Clerical force of the War Department increased. An Act to increase the
clerical force of the War Department.
·
Public Printing. An Act to amend An Act entitled "An Act
in relation to Public Printing," approved February twenty-seventh,
eighteen hundred and sixty-one.
·
Destruction of property and indemnity therefor. An Act to regulate the
destruction of property under military necessity, and to provide for the
indemnity thereof.
·
Pay of Officers of the Senate and House of Representatives. An Act to regulate the
compensation of the officers of the Senate and of the House of Representatives.
·
Post Routes established. An Act to establish certain Post Routes
therein named.
·
Defence of
·
Staff, etc., of General at the seat of Government. An Act to provide a
staff and clerical force for any General who may be assigned by the President
to duty at the seat of Government.
·
Compensation of Members of Congress. An Act to regulate the
compensation of Members of Congress.
·
Mode of paying Members of Congress and disbursement of
Contingent Fund. An Act to regulate the mode of paying the members of the Senate
and House of Representatives, and the disbursement of the contingent fund.
·
·
States assuming payment of the War Tax. An Act to enable the
States assuming the payment of their quotas of the war tax, to pay the same
into the Treasury.
·
President's personal Staff. An Act to authorize the President to
increase his personal staff.
·
Compensation of the President. An Act to fix the
compensation of the President of the Confederate States. April 3, 1862, ch.15 .
. . . .7
·
Appropriations for the support of the Government. An Act making
appropriations for the support of the Government from April first to the
thirtieth of November, eighteen hundred and sixty-two, and for objects
hereinafter expressed.
·
Public Defence. An Act to amend An Act
approved
·
Duty on railroad iron remitted. An Act to remit the
duty on railroad iron sufficient to complete the
·
Page
iv
·
Estimates of the heads of the Departments. An Act relative to the
estimates of the heads of the several departments.
·
Advance of money to the State of Missouri. An Act to authorize
the advance of a certain sum of money to the State of
·
Keeping of fire arms in the hands of effective men. An Act to provide for
keeping all fire arms in the armies of the Confederate States in the hands of
effective men.
·
Enlistments in the Marine Corps. An Act to encourage
enlistments in the corps of Marines.
·
The Acts of the District Attorney, &c., in
·
Payment to District Collectors. An Act to authorize
the Secretary of the Treasury to pay District Collectors in certain cases.
·
The Working of
·
Means for the support of the Government. An Act to provide
further means for the support of the Government.
·
Depositories of public funds. An Act to increase the
number of depositories of public funds.
·
Payment of Musicians in the Army. An Act for the payment
of Musicians in the Army not regularly enlisted.
·
Pay of members of Congress during recess of Congress. An Act to amend An Act
entitled "An Act to regulate the compensation of members of
Congress;" also to amend An Act entitled "An Act regulating the mode
of paying members of Congress."
·
Public Defence. An Act to further
provide for the public defence.
·
Employment of clerks at the offices of the Treasurer and
Assistant Treasurers. An Act to authorize the employment of clerks at the offices of
the Treasurer and Assistant Treasurers.
·
Appropriation for the Contingent expenses of the War
Department and the Army to be divided. An Act to authorize the Secretary of War to
divide the appropriation for the contingent expenses of the War Department and
the Army.
·
Manufactories of Saltpetre and
Small Arms. An Act to encourage the manufacture of Saltpetre
and of Small Arms.
·
Issue of Treasury Notes. An Act authorizing the issue of
Treasury Notes.
·
Construction of Railroad in the States of
·
Conveyance of mailable matter by
express or other companies. An Act to repeal certain laws therein named and to declare
others to full force, in relation to conveyance of mailable
matter outside of the mail.
·
Fees of Marshals, etc. An Act regulating the fees of Marshals and for
other purposes.
·
Further Appropriations. An Act making further appropriations
for the expenses of the government in the Treasury, War and Navy Departments,
and for other purposes.
·
Signal Corps. An Act to organize a Signal Corps.
·
Mines for the production of Coal and for the production and
manufacture of Iron. An Act supplementary to the Act entitled "An Act to
encourage the manufacture of Saltpetre and Small
Arms."
·
Post Routes established. An Act to establish certain Post Routes
therein named.
·
Ordnance Sergeants increased. An Act to increase the
military establishment of the Confederate States, and to amend the "Act
for the establishment and organization of the Army of the Confederate States of
·
Act suspending the Writ of Habeas Corpus, defined. An Act to limit the
act authorizing the suspension of the writ of habeas corpus.
·
Rates of Postage. An Act to amend An Act entitled "An Act
to prescribe the Rates of Postage in the Confederate States of
·
Drill Masters. An Act to authorize the employment of Drill
Masters.
·
Auditing Accounts for the War Department. An Act in relation to
Auditing Accounts for the War Department.
·
Compensation of Members of Congress and the disbursement of
the Contingent Fund. An Act to amend "An Act to regulate the mode of paying the
members of the Senate and House of Representatives, and the disbursement of the
Contingent Fund."
·
Compensation of Clerks, Marshals and District Attorneys,
limited.
An Act to limit the compensation of Clerks, Marshals and District Attorneys of
the Confederate States.
·
Chaplains to the Naval Hospitals. An Act to provide for
the appointment of Chaplains at the Naval Hospitals.
·
War Tax in States invaded by the enemy. An Act to regulate the
collection of the War Tax in certain States invaded by the enemy.
·
Clerks' fees, &c. An Act regulating the
fees of Clerks and for other purposes.
·
Payment of Officers of the Virginia Militia. An Act to provide for
the payment of officers of the Virginia Militia for services rendered.
·
Additional Clerks authorized in the Bureau of the
Quartermaster General. An Act to increase the clerical force of the Quartermaster
General's Bureau.
·
Salaries of Master Armorers
increased.
An Act to amend An Act entitled "An Act to increase the corps of
Artillery, and for other purposes," approved
·
Pay of Chaplains. An Act to amend the several Acts in relation
to the pay of Chaplains in the Army.
·
Companies with less than the minimum number already in the
service, recognized as if duly organized. An Act to recognize the organization of
certain military companies.
·
Transportation to, and sale of
articles in any port in the possession of the enemy, prohibited. An Act to prohibit the
transportation and sale of certain articles in any port or place within the
Confederate States in the possess[damaged page]on of the enemy, and to prohibit the sale,
barter or exchange of certain articles therein named, to alien or domestic
enemies.
Page
v
·
Augusta, Georgia, made a port of delivery for goods imported
into Charleston. An Act making
·
Who to act as President in case of vacancies in the offices
both of President and Vice President. An Act declaring the officer who shall act as
President in case of vacancies in the offices both of President and Vice
President.
·
Exchange of bonds or stocks for articles in kind. An Act to authorize
the exchange of bonds for articles in kind, and the shipment, sale, or
hypothecation of such articles.
·
Drunkenness in the Army punished. An Act to punish
drunkenness in the Army.
·
Bands of Partisan Rangers. An Act to organize bands of Partisan
Rangers.
·
Enlistment of Cooks in the Army. [An Act] for the
enlistment of Cooks in the Army.
·
Corps of Engineers increased. An Act to increase the
corps of Engineers in the Provisional Army.
·
Appointment of officers of Artillery. An Act to authorize
the appointment of officers of Artillery in the Provisional Army.
·
Compensation of Deputy Postmasters. An Act regulating the
compensation of Deputy Postmasters.
·
Organization of the Navy. An Act to amend An Act entitled
"An Act to provide for the organization of the Navy, approved
·
Exchange of bonds, &c., for articles in kind. An Act making
appropriations to carry into effect "An Act authorizing the exchange of
bonds for articles in kind, and the shipment, sale or hypothecation of such
articles."
·
Facilities of importing goods increased. An Act to increase the
facilities of importing goods, wares and merchandise into the ports of the
Confederate States.
·
Inventors, &c., of machines for destroying armed vessels
of the enemy. An Act to amend An Act entitled "An Act to amend An Act
recognizing the existence of war between the United States and the Confederate
States, and concerning letters of marque, prizes and prize goods,"
approved May 21st, 1861.
·
Battalions of Sharp Shooters. An Act to organize
Battalions of Sharp Shooters.
·
Public Defence. An Act supplementary
to An Act further to provide for the Public Defence.
·
Exemption from military service. An Act to exempt
certain persons from enrollment for service in the armies of the Confederate
States.
·
Public Defence further provided
for. An
Act to amend An Act entitled "An Act to further provide for the public defence," passed the sixteenth day of April, eighteen
hundred and sixty-two.
·
No. 1. Certain Resolution of
·
No. 2. No political affiliation with the people of the United
States. A Resolution declaring the sense of Congress in regard to
re-uniting with the
·
No. 3. Territorial integrity of the Confederacy to be
maintained. Resolution pledging the Government to maintain the territorial
integrity of the Confederacy,
·
No. 4. Thanks of Congress to Capt. Buchanan and his command.
Resolution of thanks to Capt. Buchanan and the officers and men under his
command.
·
No. 5. Aid to our prisoners of war. Joint Resolution to aid
our prisoners in the hands of the enemy.
·
No. 6. Arrearages of pay and mileage to Members of the
Provisional Congress. Joint Resolution relating to the manner of paying
Members of the Provisional Congress, the arrearages of their pay and mileage.
·
No. 7. Thanks of Congress to Major-General
·
No. 8. Thanks of Congress to the patriotic women of the country.
Joint Resolution of thanks to the patriotic women of the country for voluntary
contributions furnished by them to the army.
·
No. 9. Gratitude of Congress for the victory at Shiloh.
Joint Resolution of thanks for the victory at
·
No. 10. Thanks of Congress to Brig. Gen. Sibley and his command.
Joint Resolution of thanks to General H. H. Sibley and his command.
·
No. 11. Thanks of Congress to the officers, &c., of the
Patrick Henry and other vessels. Resolution of thanks to the officers and
crews of the Patrick Henry,
·
No. 12. Preservation of Public Documents. Resolution for
the preservation of public documents.
·
No. 13. Contingent Fund of the Provisional Congress. Joint
Resolution to authorize the Secretary of the Treasury to pay the mileage and
per diem of members of the Provisional Congress out of the contingent fund of
that Congress.
·
No. 14. Thanks of Congress to Major-Generals Van Dorn and Price
and their commands. Resolution of thanks to Major-Generals Van Dorn and
Price, and the officers and soldiers under their command, for their valour, skill and good conduct in the battle of Elkhorn, in
the State of Arkansas, and of respect for the memory of Generals McCulloch and
McIntosh.
·
No. 15. Account of Starke and Cardoza
for stationery. Joint Resolution to provide for the payment of stationery
purchased for the Provisional Congress.
·
No. 16. Rent of rooms for the Treasury Department. Joint
Resolution to authorize the joint committee on public buildings to rent rooms
for the Treasury Department.
Page vi
Page.
29,
Page.
33,
Page 1
Passed at the first
session, which was begun and held at the City of Richmond, in the State of
Virginia, on Tuesday, the eighteenth day of February, A. D., 1862, and ended on
Monday, the twenty-first day of April, A. D., 1862.
ALEXANDER H. STEPHENS,
THOMAS S. BOCOCK,
Army officer, appointed
Secretary of War, not to lose his rank.
The Congress of
the Confederate States of America do enact, That if any officer of the army
be appointed Secretary of War, and enter upon the duties of that office, he
shall not thereby lose his rank in the army, but only the pay and allowance
thereof, during the time he is Secretary of War, and receiving the salary of
that officer.
APPROVED
Suspension of
the writ of habeas corpus.
The Congress of
the Confederate States of America do enact, That during the present
invasion of the Confederate States, the President shall have power to suspend
the privilege of the writ of habeas corpus in such cities, towns and
military districts as shall, in his judgment, be in such danger of attack by
the enemy as to require the declaration of martial law for their effective defence.
APPROVED
Clerical force increased in
the War Department.
Compensation.
The Congress of
the Confederate States of America do enact, That there be added to the
number of clerks now authorized by law in the War Department, twenty additional
clerks, to be divided among the
Page 2
several Bureaus, in such proportion as the Secretary of War may
deem most advantageous, to receive compensation as follows, to wit: Six at the
rate of fifteen hundred dollars per annum; six at the rate of twelve hundred
dollars per annum, and eight at the rate of one thousand dollars per annum.
APPROVED
Act of 1861, Feb'y 27, amended.
Advertising
proposals for carrying the mail, in additional number of papers.
The Congress of
the Confederate States of America do enact, That the eleventh, section of
the act of the Provisional Congress, entitled "An Act in relation to
public printing," adopted the twenty-seventh day of February, eighteen
hundred and sixty-one, be, and the same is hereby, so amended as to authorise the Postmaster-General, when, in his opinion,
sufficient notice will not be given of advertisements for carrying the mail, by
inserting such advertisements in three newspapers in each State, to advertise
such proposals in such additional number of papers as may be necessary to give
them full publicity. Provided, that, by so doing, no
greater expense be incurred than if said advertisements be inserted in but
three newspapers.
APPROVED
Destruction of cotton,
tobacco or other property, authorized.
Perpetuation
of the testimony of such destruction according to act of 1861, Aug. 30.
Indemnity to
owners of Sequestration fund.
The Congress of
the Confederate States of America do enact, That the military authorities
of the Confederate Army are hereby authorized and directed to destroy cotton,
tobacco, military and naval stores, or other property of any kind whatever,
which may aid the enemy in the prosecution of the war, when necessary to
prevent the same, or any part thereof, from falling into the hands of the
enemy.
SEC.
2. Be it further enacted, That the owners of property destroyed
under the operation of this Act, as well as those persons who shall voluntarily
destroy their property to prevent the same from falling into the hands of the
enemy, are hereby authorized to perpetuate the testimony of such destruction,
in the manner prescribed by an Act of the Provisional Congress, entitled
"An Act to perpetuate testimony in cases of slaves abducted or harbored by
the enemy, and of other property seized, wasted or destroyed by them,"
approved thirtieth August, eighteen hundred and sixty-one; and such owners and
persons shall be entitled to indemnity out of the proceeds of property
sequestered and confiscated under the laws of the Confederate States, in such
manner as Congress may hereafter provide.
APPROVED
Salary of the
Secretary of Senate.
Secretary may appoint an
Assistant Secretary and two Clerks.
Their
Salaries.
Salaries of
Sergeant-at-arms, Doorkeepers and Page of the Senate.
The Congress of
the Confederate States of
Page 3
Senate be allowed to appoint an assistant
Secretary at a salary of two thousand dollars per annum, and two clerks at a
salary of fifteen hundred dollars per annum, each, payable monthly. That the
Sergeant-at-arms of the Senate, shall receive an annual salary of two thousand
dollars; and the Doorkeeper of the Senate shall receive an annual salary of
fifteen hundred dollars; and the Assistant Doorkeeper, shall receive an annual
salary of twelve hundred dollars, all payable monthly; and the Page of the
Senate, shall receive an allowance of two dollars per day, during the session
of the Senate.
Salary of
Clerk of House of Representatives.
Clerk may appoint three
Assistants.--Their Salaries.
Salaries of
Doorkeepers and Pages of the House.
SEC.
2. Be it further enacted, That the Clerk
of the House of Representatives shall receive an annual salary of twenty-five
hundred dollars, payable monthly. That the Clerk of the House of
Representatives be allowed to appoint three assistants, at a salary of fifteen
hundred dollars per annum, each, payable monthly. That the Doorkeeper of the
House of Representatives receive an annual salary of
two thousand dollars, and the assistant Doorkeeper shall receive an annual
salary of twelve hundred dollars, payable monthly; and the Pages of the House
of Representatives shall receive each, an allowance of two dollars per day,
during the session of the House.
APPROVED
Certain post routes
established; and action of Postmaster General in putting mail service on same,
confirmed.
The Congress of
the Confederate States of America do enact, That the following post routes,
upon which the service has been placed by the Postmaster General, be, and the
same are hereby established, and his action, in putting the mail service upon
the same, is hereby confirmed, to wit: A post route from Hernando, by Pleasant
Hill, to Olive Branch in the State of Mississippi; also one from Waxahachie, by
Alvarado and Buchanan, to Acton, in the State of Texas; also, from Goliad, by Cummengsville, Beeville and San Domingo, to Oakville, in
said State of Texas; also, one from Sherman, by Chalybeate Springs, Dickenson,
Delaware and Horse Shoe Bend, to Gainsville, all in
the State of Texas; also, one from Dresden, by White Rock, Hillsboro and
Covington, to Grand View, in said State of Texas.
Establishment
of certain other post routes.
SEC.
2. The following new routes are also hereby established, viz: one from Camden by Buffalo, to Miller's Bluff, in
Ouachita county, in the State of Arkansas; also, one from Walnut Hill, in
Lafayette county, in the State of Arkansas, by Spring Bank, Bright Star and
Courtland, Cass county, Texas, to Havannah of the
county and State last aforesaid; also, a post route in the State of Arkansas,
from Washington, in Hempstead county, by Ozan Postoffice, Wilton Postoffice, on
the Little Missouri river, Caddo Gap or Centreville Postoffice,
Caddo Postoffice at Farr's Mill, McConnell's Mill, Goodner's, Hickey's, Waldron Postoffice,
to Fort Smith, in Sebastian county; also, the following routes in the State of
Georgia, to wit: from Valdosta, by R. P. Hutchinson's to Irwinville;
also from Covington, by way of Oak Hill and McDonough to Jonesboro also, a post
route from Jonesborough, in the State of Tennessee, to Grassy Creek, in the
State of North Carolina, crossing the Iron Mountain where the McDowell and
Yancey turnpike road terminates.
APPROVED
Page 4
Appropriation for the defence of Mobile Bay and the Alabama River.
The Congress of
the Confederate States of America do enact, That the sum of one million and
two hundred thousand dollars is hereby appropriated for the further defence of the Bay of Mobile, and the Alabama river, to be
expended, at the discretion of the President, by the Secretary of the Navy; and
that the disbursement of said money shall be made in the manner provided by law
for appropriations for the Navy.
President may raise a corps
for service in said bay and river.
SEC.
2. Be it further enacted, That the President is hereby authorized
to raise a corps for the temporary and special service provided for in the
first section of this act in the Bay of Mobile, and the Alabama river,
consisting of a number of men not exceeding six thousand, and of such
commissioned and non-commissioned officers, and of such rank as the President
may deem necessary, who shall severally receive such pay and allowances as he
may determine.
APPROVED
Staff of General assigned
to duty at seat of Government.
Clerks.
Pay and allowances.
Offices,
fuel, &c., to be provided.
The Congress of
the Confederate States of America do enact, That whenever the President
shall assign a General to duty at the seat of Government, the said General
shall be entitled to the following staff, to wit: A military Secretary, with
the rank of Colonel; four aids-de-camps, with the rank of Major; and such
clerks, not to exceed four in number, as the President shall, from time to
time, authorize. The pay and allowance of the Military Secretary and
aids-de-camp, shall be the same as those of officers of cavalry of like grade;
and the salaries of the clerks shall not exceed twelve hundred dollars per
annum for each. Such offices, office furniture, fuel and stationery, shall be
provided for the said General as the duties of his office may render necessary,
to be paid for out of the appropriation for the contingent expenses of the War
Department.
APPROVED
Compensation
and mileage of Senators, Representatives and Delegates in Congress.
When
receivable.
Proviso.
The Congress of
the Confederate States of America do enact, That the compensation of each
Senator, Representative and Delegate in Congress shall be twenty-seven hundred
and sixty dollars for each year, and mileage at the rate of twenty cents per
mile for each session, to be paid in manner following, to wit: On the first day
of the first session of each Congress, or as soon thereafter as he may be in
attendance and apply, each Senator, Representative and Delegate shall receive
his mileage and all his compensation, from the beginning of his term, to be
computed at the rate of two hundred and thirty dollars per month; and during
the session, compensation at the same rate. And on the first day of the second
or any subsequent session, he shall receive his mileage aforesaid and all
compensation which has accrued during the adjournment at the rate aforesaid;
and during said session compensation at the same rate: Provided, no
member shall receive
Page 5
mileage for more than two sessions of any
Congress, unless more than twenty days shall elapse between the adjournment of
one session and the beginning of another.
When
President of the Senate pro tempore to receive compensation allowed the
Vice-President.
Speaker of the House to
receive double the pay allowed Representatives.
SEC.
2. That the President of the Senate pro tempore, when there shall
be no Vice-President, or the Vice-President shall have become the President of
the Confederate States, shall receive the compensation allowed by law for the
Vice-President; and the Speaker of the House of Representatives shall receive
double the compensation above provided for Representatives, payable at the
times and in the manner above provided for payment of the compensation of
Representatives.
This law
applicable to present Congress.
SEC.
3. That this law shall apply to the present Congress; and each Senator,
Representative and Delegate shall be entitled to receive the difference only
between their per diem compensation, already received under the law now
in force, and the compensation provided by this act.
Deduction for
absence without leave.
SEC.
4. That it shall be the duty of the Committee on Pay and Mileage and the
Secretary of the Senate, respectively, to deduct from the monthly payment of
members, as herein provided for, the amount of his compensation for each day
that such member shall be absent, without leave, from the Senate or House
respectively, unless such Senator, Representative or Delegate shall assign as
the reason for such absence the sickness of himself or of some member of his
family.
APPROVED
Compensation
due to members and officers of two Houses of Congress; how to be certified.
The Congress of
the Confederate States of America do enact, That the compensation which
shall be due by law to the members and officers of the Senate and House of
Representatives of the Confederate States, shall be certified as follows,
to-wit: That, which shall be due to the members and officers of the Senate
shall be certified by the President thereof, and that which shall be due to the
members and officers of the House shall be certified by the Speaker thereof,
and the same shall be passed as public accounts and paid out of the public
treasury.
Certificates granted to be
taken as conclusive.
SEC.
2. All certificates granted by the President and Speaker, as aforesaid,
of the amount of compensation due as aforesaid, shall be deemed, and are hereby
declared, to be conclusive upon all the departments and officers of the
Government of the Confederate States.
Payment of
appropriations for contingent expenses of Congress.
Who declared to be
disbursing officers of said appropriations.
SEC.
3. All moneys which have been or which may be hereafter appropriated for
the contingent expenses of the Senate and the House of Representatives,
respectively, shall be paid at the Treasury from time to time, in such sums as
the President of the Senate and the Speaker of the House may approve, on the
requisition and draft of the Sergeant-at-arms of the Senate and the Clerk of
the House, respectively, and shall be kept, disbursed and accounted for by
them, respectively, according to law, who are hereby deemed and declared to be
disbursing officers.
To give bond.
Penalty.
Condition.
Where bonds
to be deposited.
Disbursing officers
hereafter chosen likewise to give bond.
SEC.
4. The said Sergeant-at-arms and Clerk shall each, within ten days after
the passage of this act, enter into bond, with one or more sureties each, to be
approved by the Secretary of the Treasury, in the penal sum of five thousand
dollars each, with condition for the faithful application and disbursement of
such funds as may come into their hands, respectively, or may be drawn from the
Treasury, under this
Page 6
or any other act; which bonds shall be deposited
in the Treasurer's office, and it shall be the duty of the Sergeant-at-arms and
Clerk, hereafter chosen, to give bond as aforesaid, within ten days after his
election and undertaking the duties thereof, and before he shall draw any draft
or make any requisition as aforesaid.
Payments to
be by drafts.
SEC.
5. All payments on account of the compensation due by law to the members
and officers of the Senate and House of Representatives, respectively, shall be
by drafts drawn by the Sergeant-at-arms of the Senate and the Clerk of the
House, respectively, on the Treasurer, to be verified by the certificates of
the President of the Senate and Speaker of the House aforesaid.
Disbursement
of contingent funds subject to approval of committee of accounts.
SEC.
6. The disbursement of the contingent funds of the two Houses, hereby
placed under the control of the said Sergeant-at-arms and Clerk, respectively,
shall, before payment, be approved by the Committee of Accounts in each of said
Houses respectively.
Estimates to be submitted, and disbursement to be in accordance with
estimates.
SEC.
7. The said Sergeant-at-arms and Clerk shall regularly submit estimates
to their respective Committees on Accounts, and no disbursement of the
contingent funds of either House shall be audited by said committees, except in
accordance with such estimates.
Tabular
statements to be made by disbursing officers at the close of each session.
Statements to
be printed, and sent to members of Congress.
SEC.
8. The said Sergeant-at-arms and Clerk shall, as soon as practicable
after the close of the present and each succeeding session, make up a tabular
statement of all appropriations made during the session, and also a table or
statement showing the names and compensation of the clerks and officers of each
House, together with a detailed statement of the items of expenditure out of
said contingent funds for the next immediately preceding session; in which
statement the disbursements shall be arranged under the several heads of
printing, stationery, and so on, until each and every head of expenditure has
been specified and described, with the cost of every item; and which statement
shall exhibit, also, the several sums drawn by the said Sergeant-at-arms and
Clerk, respectively, from the Treasury, and the balances, if any, remaining in
their hands. Said Sergeant-at-arms and Clerk shall cause said statements to be
printed and a copy thereof sent to each member of the Senate and House of
Representatives, as soon as practicable.
APPROVED
Time for
holding Confederate court for Northern District of
The Congress of
the Confederate States of America do enact, That
hereafter the
Laws repealed.
SEC.
2. That all laws conflicting with this act be,
and the same are hereby, repealed.
APPROVED
States assuming payment of
their quotas of the War Tax, to pay the probable amounts thereof into the
Treasury.
Proviso.
The Congress of
the Confederate States of
Page 7
the tax imposed by the act approved August 19th, 1861, entitled
"An Act to authorise the issue of Treasury
Notes, and to provide a war tax for their redemption," shall not have been
furnished with a correct collated list of the taxes assessed on the people of
such State before the first day of April, 1862, the Secretary of the Treasury
shall agree with the Governor of such State upon the probable amount of such
assessment, and the State shall be entitled to pay the same, less ten per centum,
in like manner, and with like effect, as if such payment had been made before
the said first day of April; Provided, however, That when the corrected
assessment is made out, such State shall pay to the Confederate Government or
receive therefrom, as the case may be, the deficiency
or excess of the correct amount due from her on the assessment, allowing to the
State the deduction of ten per centum on the deficiency, if any.
APPROVED
Additional aides-de-camp
allowed the President. Their rank, pay and allowances.
The Congress of
the Confederate States of America do enact, That during the existing war
the President may, as Commander-in-chief of the forces, appoint, at his
discretion, for his personal staff; four aids-de-camp, in addition to the
number now allowed by law, with the rank, pay and allowances of a colonel of
cavalry.
APPROVED
Salary of the President
fixed. Payable quarterly in advance.
The Congress of
the Confederate States of America do enact, That the President shall
receive for his services during his term of office, an annual salary of
twenty-five thousand dollars, payable quarterly in advance, to commence on the
twenty-second day of February eighteen hundred and sixty-two, the time at which
he entered upon the duties of his office.
Rent of executive mansion
to be paid by the Government.
SEC.
2. And be it further enacted, That until
a suitable Executive mansion shall be provided for the President, the rent of
one suited to the purpose shall be paid by the Government.
APPROVED
Appropriations
for the support of the Government from April 1 to
The Congress of
the Confederate Slates 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 support of the Government from April first to
November thirtieth, eighteen hundred and sixty- two, and for the objects
hereafter expressed:
Legislative.
Legislative.--For
pay and mileage of Senators, seventy thousand dollars.
Page 8
For
compensation of officers, clerks, &c., of the Senate, eight thousand four
hundred and sixty-seven dollars.
For
contingent expenses of the Senate, eight thousand dollars.
For
pay and mileage of Members and Delegates of the House of Representatives, three
hundred thousand dollars.
For
compensation of officers, clerks, &c., of the House of Representatives,
seven thousand one hundred dollars.
For
contingent expenses of the House of Representatives, ten thousand dollars.
For
printing for Congress, fifteen thousand four hundred and sixteen dollars and
sixty-seven cents.
Executive.
Executive.--For
compensation of the President of the Confederate States, seventeen thousand
dollars.
For
compensation of the Vice-President of the Confederate States, four thousand
dollars.
For
compensation of Private Secretary and Messenger of the President, one thousand
three hundred dollars.
For
contingent and telegraphic expenses of the Executive Office, one thousand five
hundred dollars.
Office of Secretary of
State;
For
compensation of the Secretary of State, Assistant Secretary of State, Clerks
and Messenger, eight thousand two hundred and sixty-two dollars and sixty-seven
cents.
of Secretary of Treasury;
For compensation
of the Secretary of the Treasury, Assistant Secretary of the Treasury,
Auditors, Comptroller, Register and Treasurer, and clerks, and messengers and
laborers in the Treasury Department, one hundred and twenty thousand dollars.
For
incidental and contingent expenses of the Treasury Department, twenty-five
thousand dollars.
of Secretary of War;
For compensation
of the Secretary of War, Assistant Secretary of War, Chiefs of Bureaus, and clerks and messengers in the War Department, eighty
thousand dollars.
For Commissioner
of Indian Affairs, clerks and messengers, and contingent expenses, four
thousand dollars.
of Secretary of Navy;
For
compensation of the Secretary of the Navy, and clerks and messengers, &c.,
fourteen thousand six hundred and four dollars and forty-nine cents.
For
incidental and contingent expenses of the Navy Department, eight thousand
dollars.
of Postmaster General;
For
compensation of the Postmaster General, Chiefs of Bureaus, and clerks,
messengers and laborers in the Post-Office Department, fifty thousand two
hundred and thirty-two dollars and eighteen cents.
For
temporary clerks in the Post-Office Department, eight thousand nine hundred and
thirty-four dollars and seventeen cents.
For
incidental and contingent expenses of the Post-Office Department, eight
thousand three hundred and thirty four dollars and seventeen cents.
of Attorney General.
For
compensation of the Attorney General, Assistant Attorney General, clerks and
messengers, eight thousand two hundred and sixty-six dollars and sixty-seven
cents.
Superintendent Public
Printing.
For
Compensation of the Superintendent of Public Printing, and clerks and messengers
in his office, two thousand eight hundred and sixty-six dollars and sixty-seven
cents.
For
incidental and contingent expenses of the Department of Justice, one thousand
one hundred and sixty-six dollars and sixty-seven cents.
Printing.
For printing for
the several Executive Departments of the Government, one hundred and
twenty-four thousand six hundred and eighty-four dollars and thirty-eight
cents.
Page 9
Rent and removal of seat of
Government
For
rent of Executive Buildings and other expenses attending removal of seat of
Government to
Judicial.
Judicial.--For
salaries of Judges, Attorneys and Marshals, and for incidental and contingent
expenses of Courts, one hundred and seventeen thousand dollars.
Miscellaneous.
Miscellaneous.--To
supply deficiencies in the revenue of the Post-Office Department, one million
four hundred and fifty-one thousand six hundred and two dollars and thirty-one
cents.
Treasury notes, bonds,
&c.
For engraving and
printing Treasury notes, bonds and certificates of stock,
and for paper for same, one hundred and
twenty thousand dollars.
Telegraph lines.
For compensation
of agents, cost of materials and constructing, repairing and operating
telegraph lines, &c., (act approved
Collectors of
War Tax.
For
salaries of Chief Collectors and Sub-Collectors of the War Tax, two hundred and
fifty thousand dollars.
Assessors.
For
wages of Assessors of War Tax, and for printing, three hundred thousand
dollars.
Commissioners,
&c., under Sequestration Act.
For
salaries of Commissioners under the Sequestration Act, and for clerk hire, and
incidental and contingent expenses, seven thousand four hundred and twenty-one
dollars and eighteen cents.
For preserving
unfinished work upon the Charleston Custom-House, one thousand dollars.
Executive
Buildings.
For
rent of the Executive Buildings, eleven thousand six hundred and twenty
dollars.
Foreign
Intercourse.
Foreign
Intercourse.--For salaries of Ministers, Commissioners, Secretaries, or
other officers employed by the Government in relation to intercourse with
foreign governments, and incidental, miscellaneous and contingent necessities,
&c., sixty thousand dollars.
Public Debt.
Public
Debt.--For interest on the Public Debt, one million five hundred thousand
dollars.
War
Department.
Pay of officers, &c.
War
Department.--For the pay of officers and privates of the army, volunteers
and militia, in the public service of the Confederate States; and for
Quartermasters supplies of all kinds, transportation and other necessary
expenses, one hundred and fifty-five million dollars.
Subsistence
Stores.
For
the purchase of Subsistence Stores and Commissary property, twenty-nine million
dollars.
Ordnance
Service.
For
the Ordnance Service in all its branches, eleven million dollars.
Engineer Service.
For
the Engineer Service, one million eight hundred thousand dollars.
Surgical and
Medical Supplies.
For
the Surgical and Medical Supplies of the Army, two million four hundred
thousand dollars.
Contingent
expenses of Adjutant and Inspector General's Department.
For
contingent expenses of the Adjutant and Inspector General's Department,
including office furniture, stationery, blanks, record books, &c., ten
thousand dollars.
Incidental
and contingent expenses.
For
incidental, and contingent expenses of the Army, and of the Department of War,
two hundred thousand dollars.
Floating defences
For floating defences of the Western Waters, five hundred thousand
dollars, in accordance with the letter of the President of March 24, 1862, to
be expended by the Secretary of War.
Indian
Treaties.
Indian
Treaties.--To carry into effect treaty with the Creeks, of
Choctaws and
Chickasaws.
To
carry into effect treaty with the Choctaws and Chickasaws of
Cherokees.
To
carry into effect treaty with the Cherokees, of
Page 10
Comanches.
To
carry into effect treaty with the Comanches, of
Osages.
To
carry into effect treaty with the Osages, of
Quapaws.
To
carry into effect treaty with the Quapaws, of
Reserve Indians.
To
carry into effect treaty with the Reserve Indians, of
Senecas and
To
carry into effect treaty with the Senecas and
Superintendents
and Agents, &c.
For
pay of Superintendents and Agents, and incidental and contingent expenses of
the several Indian agencies, eighteen thousand, two hundred and sixty-four dollars
and twenty-eight cents.
Navy
Department.
Pay.
Navy
Department.--For pay of the Navy, one million, seven hundred and sixteen
thousand, two hundred and thirty-three dollars and twenty-nine cents.
Provisions
and clothing.
For
provisions and clothing, and contingencies in the Paymaster's Department, one
million and four thousand eight hundred and fifty dollars.
Ordnance and
Ordnance Stores.
For
Ordnance and Ordnance Stores, one million, six hundred and sixty thousand
dollars.
Nautical
instruments.
For
purchase of nautical instruments, books and charts, fifty thousand dollars.
Iron-clad
vessels.
For
construction of iron-clad vessels, three millions of dollars.
Equipments,
&c., of vessels.
For
equipment and repair of vessels, three hundred and fifty thousand dollars.
Fuel.
For
purchase of fuel for steamers, navy-yards, and stations, one million dollars.
Medical supplies,
&c.
For
medical supplies and surgeon's necessaries, sixty-one thousand five hundred
dollars.
Contingents.
For contingents enumerated, four hundred thousand dollars.
Hemp.
For
purchase of hemp for the Navy, seventy-five thousand dollars.
Marine Corps.
For support of the
Marine Corps (including Bounty) two hundred and forty-three thousand three
hundred and twenty-two dollars.
Iron-clad
vessels in
For
construction of iron-clad vessels in
Territorial.
Territorial.--For
salaries of the Governor and Commissioner of Indian Affairs and Secretary,
Judges, Attorney and Marshal of Arizona Territory, six thousand five hundred
and sixty dollars.
For
compensation of members of the Legislative Assembly of Arizona Territory and pay
of officers, twelve thousand dollars.
For contingent
expenses of the Legislative Assembly of Arizona Territory, including printing
the laws, five thousand dollars.
For
contingent expenses of
APPROVED
Act of 1861, May 10,
amended so as to apply to companies received as Heavy Artillery.
The Congress of
the Confederate States of America do enact, That
the act approved
Page 11
provide for the public defence,
approved
To extend
to companies of Light and Heavy Artillery.
SEC.
2. The provisions of this act and of the act of
APPROVED
Duty on certain railroad
iron, remitted.
Proviso.
The Congress of
the Confederate States of America do enact, That the duty on Railroad iron sufficient
to complete the road on the route from Selma in Alabama to Meridian in
Mississippi, held in bond, or which may hereafter be imported, and procured for
the purpose stated be, and the same is hereby remitted: Provided, such
iron shall be imported or purchased and used solely for the purpose stated,
within three months from the date of the passage of this act.
APPROVED
Bond.
Condition.
The Congress of
the Confederate States of America do enact, That the Superintendency
of Indian Affairs, for all the Indian country annexed to the Confederate
States, that lies west of Arkansas and Missouri, north of Texas, and east of
Texas and New Mexico, is hereby continued, and shall be called the Arkansas and
Red River Superintendency of Indian Affairs, and the
Superintendent thereof shall reside at Fort Smith, or Van Buren, in the State
of Arkansas, until otherwise ordered by the President; shall give bond to the
Confederate States, with sufficient sureties, in the sum of fifty thousand
dollars, conditioned like those of the agents hereinafter prescribed, and shall
receive a salary of two thousand five hundred dollars per annum, and be allowed
a clerk, at an annual compensation of one thousand dollars.
Duties.
May suspend
officers and others.
SEC.
2. And be it further enacted, That the Superintendent of Indian
Affairs for the Arkansas and Red River Superintendency,
shall, within his superintendency, exercise a general
supervision and control over the official conduct and accounts of all officers
and persons employed by the Government in the Indian Department, under such
regulations as shall be adopted or established by the President of the
Confederate States; and may suspend such officers and persons from their
offices or employments, for reasons forthwith to be communicated to the
Secretary of War.
Indian
Agents.
Bond.
Condition.
Compensation.
SEC.
3. And be it further enacted, That the following Indian Agents
shall be continued or appointed by the President, each of whom shall give bond,
with two or more sureties, to the Confederate States, in the penal sum of
twenty thousand dollars, if he disburses annually more than fifty thousand
dollars; and in ten thousand dollars, if he disburses annually less than fifty
thousand dollars and more than twenty thousand
Page 12
dollars; and in the sum of five thousand dollars, if he disburses
annually less than twenty thousand dollars; conditioned for the faithful
performance of the duties of their office, and that he will faithfully
disburse, pay out and apply all moneys placed in his hands as agent, and render
true and just accounts, as provided by the regulations of the War Department,
of the receipt and expenditure of all moneys and property of every description
entrusted to him, or coming to his hands in his official capacity, and pay over
all balances and deliver all property that may, at any time, remain in his
hands, on the order or requisition of the War Department or Bureau of Indian
Affairs; and each of such agents shall receive an annual compensation of
fifteen hundred dollars; that is to say:
Osage Agency.
An Agent for the
Osages, Senecas, Senecas
and
Cherokee
Agency.
An Agent for the
Cherokees, whose agency shall be known as the Cherokee Agency;
Creek Agency.
An Agent for the
Creeks, whose agency shall be known as the Creek Agency;
Seminole
Agency.
An agent for the
Seminoles, whose agency shall be known as the Seminole Agency;
Choctaw and
Chickasaw Agency.
An agent for the
Choctaws and Chickasaws, whose agency shall be known as the Choctaw and Chickasaw Agency;
Wichita
Reserve Agency.
An agent for the Wichitas, Comanches, Kichais, Huecos, Cado-ha-da-chos, Ta-hua-ca-ros,
Ton-ca-wes, An-a dagh-cos,
Ai-o-nais, Kickapoos,
Shawnees and Delawares, in the country leased from
the Choctaws and Chickasaws, whose agency, shall be known as the Wichita
Reserve Agency.
Discontinuance
or transfer of agency.
SEC.
4. And be it further enacted, That the President shall be, and he
is hereby authorized, whenever he may deem it expedient, to discontinue any
Indian Agency, or to transfer the same from the place of Nation designated by
law, to such other place or Nation, as the public service may require.
Where agent
to reside.
SEC.
5. And be it further enacted, That every Indian Agent shall
reside and keep his agency upon the reserve selected for an agency, within the
country of the Nation, or one of the Nations for which he may be agent, and
shall not depart from the limits of such country at any time, or for any length
of time, without the permission of the Superintendent, or of the Commissioner
of Indian Affairs, granted for special and urgent reasons only, on penalty of
immediate removal from office.
Limits of
each agency.
Duties of
agents.
SEC.
6. And be it further enacted, That the
limits of each agency shall be the country of the Nation, or Nations, for which
it is established. And it shall be the duty of each agent, within the limits of
his agency, to manage and superintend the intercourse with the Indians,
agreeably to law; to obey all legal instructions given to him by the Secretary
of War, the Commissioner of Indian Affairs, or the Superintendent of Indian
Affairs, and to carry into effect such regulations as may be prescribed by the
President.
Additional
security.
SEC.
7. And be it further enacted, That the President may at any time
require additional security, and, in larger amounts, from all persons charged
or entrusted, under the laws of the Confederate States, with the
transportation, disbursement application of money, goods or effects of any
kind, on account of the Indian Department.
Interpreter allowed each
agency.
Compensation.
Preference
given to persons of Indian descent.
SEC.
8. And be it further enacted, That one interpreter shall be
allowed to each agency, except that for the Wichitas
and other bands, who shall receive an annual compensation of four hundred
dollars; and that for the Wichita Agency one may be allowed for each
Page 13
different language spoken, each of whom shall receive a
compensation of four hundred dollars per annum; except those for the Comanches, and for the Wichitas,
Hue-cos, and Ta-hua-ca-ros,
each of whom shall receive a compensation of four hundred dollars per annum,
or, in lieu of part of these, one interpreter may be employed for the Comanches, Wichitas, Hue-cos, Ta-hua-ca-ros, Cado-ho-da-chos, and An-a-dagh-cos,
at a compensation of one thousand dollars per annum. These interpreters shall
be selected by the Superintendent, on the recommendation of the respective
agents, or upon his own knowledge of their competency and good character, and
may be suspended by the agent, from pay and duty, the circumstances being by
him reported to the Superintendent for final action. In the appointment of
interpreters, preference shall be given to persons of Indian descent, and of
the same nation, for which they are appointed, if such can be found, who are
properly qualified for the execution of their duties.
Blacksmiths
and wagon-makers.
Compensation.
Their
assistants.
Other
mechanics, teachers or physicians.
Compensation.
SEC.
9. And be it further enacted, That blacksmiths and wagon-makers
shall, in like manner, be employed, wherever required by Treaty stipulations,
and shall receive such compensation as may be fixed by treaties, or in the
absence of such provision by treaty, an annual compensation of not more than
seven hundred and fifty dollars; and if they furnish their shop and tools, an
additional compensation of one hundred and twenty dollars per annum: and their
assistants shall be allowed an annual compensation of two hundred and forty dollars;
and whenever other mechanics, teachers or physicians are required by Treaty
stipulations to be provided, they shall be, in like manner employed, and the
male teachers shall receive an annual compensation of not more than one
thousand dollars, female teachers an annual compensation of not more than six
hundred dollars; physicians an annual compensation of not more than one
thousand dollars, and mechanics an annual compensation of not more than seven
hundred and fifty dollars. Farmers and laborers, required by Treaty
stipulations to be furnished, shall be employed by the Agents, subject to the
approval of the Superintendent, unless the Superintendent himself sees fit to
employ them, which he may do; and their compensation shall not, in any case, be
greater for farmers than six hundred dollars per annum, and for laborers, than
forty dollars per month.
Salaries,
&c., to be in full of all emoluments, except fees.
Proviso.
Proviso.
SEC.
10. And be it further enacted, That the salaries and annual compensations
provided by this act shall be in full of all emoluments or allowances whatever,
except such fees as are hereinafter specially allowed to be received: Provided,
however, That reasonable allowances and provisions may be made for office
rent and office contingencies; and that when the Superintendent or Agent is
required, in the performance of the duties prescribed by this act, to travel
from one place to another, he shall be allowed the same expenses of travel, or
mileage and transportation, as may be allowed to officers of the army, and such
additional allowance for transportation and expenses of traveling in the Indian
country as the Secretary may be satisfied is just; but provided, also,
that no allowance shall be made to any such officer for travel or expenses, in
going to the Seat of Government to settle his accounts, or returning therefrom, unless ordered thither for that purpose, by the
Commissioner of Indian Affairs, or Secretary of War.
No person to hold more than
one office.
Agent or interpreter absent
without leave, to receive no pay; and interpreter may be removed from office.
SEC.
11. And be it further enacted, That no person shall hold more
than one office under this act at one and the same time; nor shall any Agent or
Interpreter receive any salary or compensation, while absent the Agency,
without leave of the Superintendent or Commissioner of Indian Affairs; and if
an Interpreter be absent, without leave of
Page 14
the Superintendent or Commissioner, for more than
sixty days, at any one time, it shall be sufficient cause of his removal from
office.
Superintendents, agents or
interpreters, not to trade with Indians;
nor be concerned in any claims on behalf of the Indians;
nor to receive any compensation for certain services.
Penalty.
SEC.
12. And be it further enacted, That no Superintendent, Agent or
Interpreter, shall have any interest or concern in any mercantile establishment
in the Indian country or in any trade carried on with the Indians, under the
penalty of immediate removal from office, and perpetual disqualification to
hold any office under the Indian Bureau; and neither of them shall be concerned
or interested in any claim on behalf of the Indians against the Confederate
States, of any kind whatever, nor receive any compensation fee or gratuity
whatever from the Indians, in any shape, manner or form, for any services in
the presentation or recovery of any such claim, or the collection of any moneys
from the Government, for individual Indians, or for the Nation; and any person
so offending shall be deemed guilty of misdemeanor in office, corruption and
extortion, shall be forthwith removed, and, upon conviction thereof by
indictment, shall be punished by fine of not less than five hundred, nor more
than five thousand dollars, and imprisonment not less than six months nor more
than five years, and be condemned to make restitution of the whole amount of
the compensation, fee or gratuity, so received, with interest at the rate of
ten per cent. per annum from the time when he received
the same; and shall also be forever disqualified to hold any office, civil or
military, under the Confederate States.
Payments of
annuities.
SEC.
13. And be it further enacted, That payment of all annuities, and
other sums of money, stipulated by treaty or directed by law, to be paid to the
Cherokees, Creeks, Choctaws and Chickasaws, shall be made to the Treasurer of
each Nation, or to such other person or persons, as the legislative power of
each may direct; and the moneys so received shall be disposed of by the
authorities of the Nation, without any interference on the part of any
Department, Bureau or office of the Government of the Confederate States.
Payments of all sums of money to be made to the Seminole Nation, and to any
other tribes or bands of Indians in the said superintendency,
shall be made to the Treasurer, Chief, or per capita, as the treaties
may provide, or, in the absence of treaty provisions, as the Commissioner of
Indian Affairs shall, in each case, direct.
By whom
payments of moneys to be made.
SEC.
14. And be it further enacted, That all payments of moneys to any
of said nations, tribes or bands, shall be made by such persons as the
President shall designate for that purpose; and that he may, at his discretion,
entrust military officers with such payments; in which case the duty shall be
performed by them, without other compensation than the ordinary allowances for
travel and transportation.
Penalty against Agent for
embezzlement;
or for employing person employed by the government to assist the
Indians;
or for receiving from contractor any share of profits.
SEC.
15. And be it further enacted, That if any Agent of the
Confederate States for any nation, tribe or band of Indians, shall convert to
his own use, or improperly withhold from any of the Indians under his charge,
any article, or any part or quantity of any article of provisions, clothing,
merchandize, or other thing whatever, placed in his hands by the Government of
the Confederate States, for distribution or delivery to such Indians, or any
moneys, to any amount whatever, placed in his hands to be paid to them, or to
be expended for their benefit, whether by the United States heretofore, or by
the Confederate States heretofore or hereafter, or shall employ in his own
private service and affairs any person employed by the Government to labor for
or assist the Indians, or shall receive from any contractor any share of
profits, per centage, compensation, or gratuity
whatever, every such agent, so offending, shall be deemed guilty of felony, and
on conviction thereof in the proper court, shall be fined not less than five
Page 15
hundred, nor more than fifty thousand dollars, sentenced to make
full restitution to the Confederate States, and be imprisoned, at hard labor,
not less than two, nor more than ten years.
No exchange of funds
allowed except for gold and silver, or Treasury notes.
Payments to be made in the
identical moneys or funds received.
Penalty for
failure.
SEC.
16. And be it further enacted, That no exchange of funds shall be
made by any superintendent or agent, or, by any other disbursing officer or
agent of the Government, of any grade or denomination, whatsoever, employed in,
or connected with the Indian service, other than an exchange for gold and
silver, or Treasury notes; and every such disbursing officer, when the means
for his disbursements are furnished him in gold and silver, shall make his
payments in the identical moneys so furnished, or when those means are
furnished to him in Treasury warrants or drafts, shall either cause such
warrants or drafts to be presented at their place of payment, and properly
paid, according to law, and shall make his payments in the identical moneys so
received for the drafts furnished; unless, in either case, he can exchange the
means in his hands, for the gold and silver, or other kind of funds, in which
they are payable, at or for more than par; and any officer, in any way,
violating the provisions of this section, shall be forthwith removed from
office, and upon conviction thereof, upon indictment in the proper District
Court, shall be punished by fine of not less than one thousand, nor more than
ten thousand dollars, be imprisoned, not less than six months, nor more than
two years, and be thereafter incapable of holding any office of trust or
profit, under the Confederate States.
Penalty against officers
for selling or disposing of Treasury notes, drafts, warrants, etc.
To account for premium
received.
Proviso.
SEC.
17. And be it further enacted, That no superintendent, agent, or
other officer mentioned in the sixteenth section of this act, shall either
directly or indirectly sell or dispose of, to any person or persons, firm or
corporation whatsoever, any Treasury note, draft, warrant, or other public
security in his hands, as such officer, and not his private property, at par,
where he can obtain a premium on the same, or for any less than the current
premium, at the time and place; nor shall sell or dispose of any specie funds,
with or without a premium, for any other funds; nor shall loan any of the funds
in his hands to any person whatever, nor sell the same, or any draft, warrant,
or other security, to any person whatever, upon time, or to receive the proceeds
at a future day, however near; and if any such officer shall, in any way,
violate the preceding provisions of this section, or shall receive, directly or
indirectly, any premium whatever, upon the sale or disposition, or exchange, of
any funds, specie, warrant, draft or security, by way of exchange, or
otherwise, and shall not make true return of such premium so received, and
account for the same, by charging it in his accounts to the credit of the
Confederate States, he shall be forthwith dismissed from office; and shall, in
addition, upon conviction upon indictment in the proper district court, be
punished and become incapable, in the same manner as is provided in the
sixteenth section of this act: Provided, That nothing in this act shall
be so construed as to allow disbursing officers to make payment in any other
funds than specie or Treasury notes.
Rations allowed Indians.
Special
accounts thereof to be kept.
Proviso.
SEC.
18. And be it further enacted, That the President shall be, and
he is hereby, authorised to cause such rations as he
shall judge proper, and as can be spared from the army provisions, without
injury to the service, to be issued under such regulations as he shall see fit
to establish; or beef and flour, in lieu thereof, to be purchased and issued by
the officers commanding military posts, to Indians who may visit such posts,
and by agents to those who may visit their agencies, and to councils called by
authority of the Confederate States; and special accounts of these issues shall
be kept and rendered, and the
Page 16
Secretary of War may authorise the
agents for the Creeks, Seminoles, Osages, and Reserve Indians to expend a sum
not larger than three hundred dollars per annum, in furnishing provisions to
Indians attending councils and payments of annuities: Provided, That no
money shall be expended for this purpose which has not been previously
appropriated by law.
Accounts of
disbursements to be settled annually.
Copies of
same to be laid before Congress.
SEC.
19. And be it further enacted, That all persons whatsoever,
charged or entrusted with the disbursement or application of money, goods or
effects of any kind, for the benefit of the Indians, shall settle their
accounts annually at the War Department, on the first day of October; and
copies of same shall be laid annually before Congress, at the commencement of
the ensuing session, by the proper accounting officers, together with the list
of the names of all persons to whom money, goods or effects had been delivered
within the year, for the benefit of Indians, specifying the amount of each, and
the object for which each sum or quantity was intended, and showing who are
delinquents, if any, in forwarding their accounts, according to the provisions
of this act; and also a list of the names of all persons appointed or employed
under this act, with the date of appointment or employment of each, and the
salary or pay of each.
Who not permitted to trade
with Indians without license.
By whom
license to be issued.
Proviso.
Term of
license.
Renewal of
license.
SEC.
20. And be it further enacted, That no person, other than a
member of the particular tribe or nation under treaty stipulations, or a member
of another Indian nation or tribe, permitted to trade by the authorities of the
nation or tribe, within whose limits he so trades, shall be permitted to trade
with the Indians, in the Indian country aforesaid, without a license therefor from the agent for the nation or tribes in whose
country the trade is to be carried on; and which license, in the Cherokee,
Creek, Seminole, Choctaw and Chickasaw countries, must be granted by and with
the advice and consent of the Legislature or General Council of such nation: Provided,
That no license shall be necessary to authorise the
selling from wagons, or otherwise, flour, bacon, fruits, and other provisions,
brought from the Confederate States, or wagons, agricultural implements,
domestic animals or arms brought from any of the same. Each license shall be
issued for a term not exceeding three years; and all licenses granted before
the passage of this act may be renewed by the agents, in their discretion,
without the advice or consent of the legislature or council, to continue until
the expiration of the year one thousand eight hundred and sixty-two.
Person
obtaining license to give bond.
Condition of
bond.
When license
may be revoked.
SEC.
21. And be it further enacted, That the person or persons
obtaining a license, must give bond in a penal sum not exceeding five thousand
dollars, with one or more sureties, approved and certified to be sufficient, by
the agent to whom the application is made, conditioned that such person or
persons will faithfully observe and obey all laws and regulations for the
government of trade and intercourse with the Indian tribes, adopted or enacted
by the Confederate States, or any department thereof, and will, in no respect,
violate the same. And the Superintendent of Indian Affairs shall have power to
revoke and cancel any license whenever he shall be satisfied that the person
licensed has violated any of the said laws or regulations, or that, for any
other good reason, it would be improper to permit him to remain in the Indian
country.
Trading
without license.
Forfeiture.
SEC.
22. And be it further enacted, That any person, other than a
member of the nation or tribe, under treaty stipulations, or a member of
another Indian nation or tribe, permitted to trade by the authorities of the
nation or tribe within whose limits he so trades, who shall attempt to reside
in any part of the Indian country as a trader, or to introduce
Page 17
goods, or to trade therein, without a license duly obtained, shall
forfeit all merchandise offered for sale to the Indians, or found in his
possession, and shall, moreover, forfeit and pay the sum of five hundred
dollars, to be recovered by action of debt, in the name of the Confederate
States, or adjudged on conviction and forfeiture of the goods, one-half thereof
to be paid to the informer, and the other half to the nation or tribe in whose
country the offence is committed, to which nation or tribe also all the goods
forfeited, and all wines and liquors confiscated, shall be given and belong.
Licenses to
be granted only to citizens of the C. S.
SEC.
23. And be it further enacted, That no
license to trade with Indians shall be granted to any person or persons other
than a citizen or citizens of the Confederate States.
When agent
may refuse application for license.
Proviso.
SEC.
24. And be it further enacted, That any agent may refuse an
application for a license to trade, if he is satisfied that the applicant is a
person of bad character, or that it would be improper to permit him to remain
in the Indian country; or if a license previously granted to him has been
revoked, or a forfeiture decreed of any bond previously given by him: Provided,
That any person, whose application is thus denied, may appeal to the
Superintendent of Indian Affairs, whose decision shall be final.
Penalty against licensed
trader for purchasing certain articles furnished the Indians.
SEC.
25. And be it further enacted, That if any licensed trader shall
purchase of an Indian any gun, or any instrument of husbandry, or blanket,
cooking utensil, or other article, furnished the Indians by the Confederate
States, his license shall be immediately revoked, and he shall forfeit and pay,
for the use of such Indians, to the Confederate States, the sum of fifty
dollars for every article so purchased.
Ranging and grazing in
Indian country.
Penalty
against.
Proviso.
SEC.
26. And be it further enacted, That no person, not being a member
of the nation or tribe, or otherwise authorised by
law or treaty, shall drive or otherwise convey, or cause, or permit to be
otherwise conveyed, any horses, mules, or cattle, to range and graze in any
part of the Indian country, without the consent of the authorities of the
nation or tribe previously obtained, under the penalty of one dollar a head for
each animal so pastured, which may be collected by the authorities of the
nation, and payment enforced, if necessary, by the seizure of the cattle: Provided,
That movers, and other persons driving stock through the country, may halt from
place to place, for such reasonable length of time as will be sufficient to
recruit their stock, but no longer, doing the same in good faith.
Removal of
intruders.
Proviso.
SEC.
27. And be it further enacted, That the Superintendent of Indian
Affairs, and each agent within his agency, shall have authority, and it shall
be the duty of each, to remove from the Indian country all persons found
therein contrary to law or treaty; and all other persons, not Indians, and not
by birth and blood members of the particular nation, whose presence is, in his
opinion, dangerous or mischievous; and shall have power to call upon the
officer commanding any military post to aid him in so doing, and enforce his
orders in that behalf: Provided, That the person so removed by an agent
may appeal to the Superintendent, whose decision thereon shall be final.
Sale of lands by certain
Indian nations, made valid.
SEC.
28. And be it further enacted, That the provisions of law invalidating
any purchase of lands from an Indian nation or tribe, shall no longer be in
force, in respect to the Cherokee, Creek, Seminole, Choctaw and Chickasaw
Nations, each of which may, under special or general laws passed for that
purpose, sell parcels of their lands, or convey parcels of the same by
legislative grants, in fee simple, to individual purchasers or grantees; and
such sales or grants shall be valid in law and equity, in the absence of fraud,
and shall only be impeached in the same manner; as if they had been made by a
State.
Page 18
Penalty for
attempting to cause infraction of Indian treaties, etc.
SEC.
29. And be it further enacted, That if any person shall send,
make, carry or deliver any talk, speech, message or letter, to any Indian
nation, tribe, band, chief or individual, with intent to produce a contravention,
or infraction of any treaty, or other law of the Confederate States, or to
disturb the peace and tranquillity of the Confederate
States, or to make such nation, tribe, band, chief or Indian dissatisfied with
their relations with the Confederate States, or uneasy, or discontented, the
person so offending shall, on conviction thereof, be punished by fine not
exceeding ten thousand dollars, nor less than two thousand dollars, and by
imprisonment not less than two, nor more than ten years; and the intent above
mentioned shall be conclusively inferred from the fact of knowledge of the
contents of any such talk, speech, message, or letter in writing.
For
correspondence with foreign powers, with such intent.
SEC.
30. And be it further enacted, That if any person, whether an
Indian or a white person, shall carry on a correspondence, by letter or
otherwise, with any foreign nation or power, or with any department or office
of such foreign nation or power, with intent to induce such nation or power, department
or office, to give assistance or encouragement to any Indian nation, tribe,
chief or chiefs, individual or individuals, in waging war, or commencing, or
continuing hostilities against the Confederate States, or in the violation of
any existing treaty, or shall attempt to alienate the confidence of any Indian
or Indians, from the Government of the Confederate States, he shall be
punished, if the offence be committed in time of peace, as in the last
preceding section is provided; and, if the offence be committed in time of war,
with such foreign nation or power, the punishment thereof shall be death, to be
inflicted as in other cases of capital offences.
For carrying on
correspondence with any power with which the C. S. is at war.
SEC.
31. And be it further enacted, That any Indian of any Nation or
Tribe, between which and the Confederate States a Treaty of friendship and
alliance has been concluded, who shall while the Confederate States are at war
with any other States, Nation or power, carry on any correspondence with such
States, Nation or power, or any Department or office thereof, or shall attend
any Council, or hold any talk or conference, in the Indian country or
elsewhere, with any officer of such States, Nation or power, shall, on conviction
thereof, be punished with death, to be inflicted as in other cases of capital
punishment.
Emissaries from such
powers, how punished.
SEC.
32. And be it further enacted, That any emissary from any State
or States, nation or power, with which the Confederate States may be at war,
found in the Indian Country, and any Indian therein apprehended, returning from
any council, talk or conferences with any officer of the enemy, or after such
return, shall be considered a spy, and punished by death by hanging, to be
inflicted upon the sentence of a Military Court, to be ordered by the General
commanding in such Indian country.
Twice the
value of property stolen or injured to be paid to friendly Nations.
Unless revenge be
attempted.
SEC.
33. And be it further enacted, That whenever the property of any
member of a friendly Nation, or Tribe of Indians, is unlawfully stolen, taken,
converted, destroyed or injured, by any white person, not a member by birth,
adoption, or otherwise, of said Nation or Tribe, or by a member of any other
friendly Indian Nation or Tribe, within the Indian country, if conviction be
had of the person offending, for the crime, misdemeanor or trespass so
committed, or recovery of damage therefor in a civil
suit, the person so offending shall be sentenced or adjudged to pay the person
injured a sum equal to twice the just value of the property so stolen, taken,
converted or destroyed, or twice the amount of damages sustained by the injury
of the same. And if the same cannot be recovered of the party, or if, for any
cause, conviction or recovery cannot be had then, upon, the said offence, and
the
Page 19
value of the property or the full amount of damage being
established upon investigation by the Agent of the Confederate States, for the
Nation or Tribe, to which the person injured belongs, the full value of the
property, or the full amount of damage sustained, with any other actual damage
caused thereby, and interest and expenses, or so much thereof as cannot be
collected of the party, shall be paid out of the Treasury of the Confederate
States: Provided, That no person shall be entitled to such payment out
of the Treasury, if he, or any of the Nation or Tribe, to which he belongs,
shall have sought private revenge for the injury in question, or attempted to
obtain satisfaction by violence or fraud.
Persons to be
indemnified for property destroyed by Indians.
If no revenge be sought.
Limitation.
How this act to be
construed.
Appeal.
Proviso.
SEC.
34. And be it further enacted, That if any member or members of
any Indian Nation or Tribe, within the Indian country, shall unlawfully take,
convert, destroy, or injure any property of any person lawfully within such
country, or shall, in any one of the Confederate States, or in any Territory or
Province of the Confederate States, or within the limits of any other Indian
Nation or Tribe, steal, take, convert, destroy or injure any property belonging
to any citizen or inhabitant of the Confederate States, or of any Territory or
Province thereof, or of any member of any other friendly Nation or Tribe of
Indians, other than that to which he or they belong, such citizen, inhabitant
or member of a friendly Nation or Tribe, may, by himself, or by his attorney or
agent, make complaint to the Agent of the Confederate States, for the Nation or
Tribe to which the offender may belong, or to the Superintendent, who shall
take and hear the proof of the truth of such complaint, and if satisfied of the
truth thereof, and that the offender belongs to the Nation or Tribe alleged,
shall demand prompt satisfaction from such Nation or Tribe; and if satisfaction
be not made within the space of six months thereafter, by payment by the Nation
or Tribe of the value of the property taken, stolen, converted or destroyed,
and all actual damages and expenses sustained in consequence thereof, and
interest on the said value from the time of taking or conversion, or of the
amount of damage sustained by the injury done the property, with like actual
damages, expenses and interest, then full report shall be made thereof to the
Commissioner of Indian Affairs; and thereupon the amount so ascertained shall
be directed to be deducted from any annuity or other moneys payable to said
Nation or Tribe; or if there be none such, then the president shall take such
other steps to enforce payment as may seem to him fit: and in the meantime, the
amount shall be paid out of the Treasury of the Confederate States: Provided,
That if such injured party, his representative, attorney or agent, shall, in
any way, violate any of the provisions of this Act, by seeking revenge or
redress by violence, or any other illegal means, he shall forfeit all his claim
to indemnification; that any such claim, not presented to the Agent or Superintendent
within three years, after the commission of the alleged injury, shall be
forever barred; that nothing herein contained shall be construed to prevent the
legal apprehension and punishment of any Indian, or member of any Nation or
Tribe, that may so have offended; and that from the decision of the Agent, the
complainant, or the Nation or Tribe may appeal to the Superintendent, and from
his decision to the Commissioner of Indian Affairs, whose judgment shall be
final in the premises: Provided, That the Indian country shall not be
deemed to include the residence of Indian Tribes or persons within the limits
of any of the Confederate States.
Proceedings
under the authority of the
SEC.
35. And be it further enacted, That any
proceeding instituted under the authority of the
Page 20
case mentioned in the two preceding sections, shall be carried on
and completed before the authorities of the Confederate States, as if no change
of government had taken place; and that if any final order or adjudication had
been made in any such case, by the proper officer of the United States, before
the assumption of jurisdiction by the Confederate States, on the twenty-first
day of May, eighteen hundred and sixty-one, the same shall still be deemed and
taken as final, and be carried out, as if made by the same officer of the
Confederate States.
Punishment for forging or
counterfeiting coin, or the securities of the Confederate States;
robbing the mail and other offences.
SEC.
36. And be it further enacted, That so much and such parts of the
laws of the Confederate States, as provide for punishing the counterfeiting the
coin of the United States, or any other current coin, and the uttering such
forged or counterfeit coin, or the counterfeiting or forging the securities of
the Confederate States, and the uttering such forged or counterfeit securities,
and the robbing of the mail, and for punishing the violations of the neutrality
laws, and resistance to the process of the Confederate States, and all the
provisions of the acts of the Provisional Congress, providing for the common defence and welfare, so far as the same are not legally
inapplicable, shall hereafter be in force in the Indian country; and offences
against the same by any person whatever, shall be punished by indictment in the
proper court of the Confederate States having jurisdiction.
Laws of the Confederate
States punishing felonies, declared to be in force in the Indian country.
Proviso.
SEC.
37. And be it further enacted, That so much of the laws of the
Confederate States, as provide for the punishment of forgery or counterfeiting,
perjury, subornation of perjury, rape, arson, shooting with intent to kill or
maim, burglary, robbery, larceny, or any other crime amounting to felony at
common law, or by statute, committed in any place whatever, within the sole and
exclusive jurisdiction of the Confederate States, shall be in force in the Indian
country: Provided, That none of the same shall extend or apply to crimes
committed by a member of any Tribe or Nation, by birth, adoption or otherwise,
as hereinafter defined, or by any negro or mulatto, bond or free, against the
person or property of a member of the same, or any other Nation or Tribe, by
birth, adoption, or otherwise, as hereinafter defined, or of any negro or
mulatto, bond or free; but these offences shall be within the sole and
exclusive jurisdiction of the Tribunals of the Nation or Tribe, within whose
country they are committed; excepting, however, such offences, when committed
in the Choctaw and Chickasaw country, west of the ninety-eighth parallel of
longitude, by an Indian of any one of the Bands settled therein, against the
person or property of such a member of the Choctaw and Chickasaw Nation, or by
such a member of one of these Nations against the person or property of an
Indian of any one of these Bands, as to which offences so committed, the said
laws shall be in force, and the offenders be tried therefor
in the proper court of the Confederate States.
Penalty
against gaming.
Duty of
agents and officers.
Forfeiture.
SEC.
38. And be it further enacted, That, if any person, not being a
negro or mulatto, or a member by birth, adoption, or otherwise, as hereinafter
defined, of the Nation or Tribe in which the act is committed, shall, in the
Indian country, open, exhibit and deal at, or be interested in, by furnishing
means, or sharing the profits of the game, any game of faro, monte, or other banking game; at which game betters bet
against the game, bank or dealer, or shall set up, exhibit and permit to be bet
against, at, or upon, or be interested, by furnishing means, or sharing the
profits in any roulette table, or other table, or game of like nature, at which
game or table, any person shall bet money, checks or counters, representing
money or any other thing of value, or shall bet on credits, every such person
shall be deemed guilty of an offence against the Confederate States, cognizable
upon indictment
Page 21
or presentment by the District Court having jurisdiction over such
Indian country, and upon conviction, shall be fined one thousand dollars, and
imprisoned at hard labor not less than ninety days, nor more than two years;
and it shall be the duty of the Agent, if he becomes cognizant of the carrying
on of any such game or table, to arrest the parties and seize all the tables,
boxes and other implements used, and all checks and moneys found thereon and
therein; as also any civil officer of the proper Nation may do; all which
articles and money, when seized, shall belong, one-half to the officer seizing
the same, and one-half to the Nation wherein they are seized. And any officer
of the Nation arresting such person shall deliver him to the Agent, who shall
investigate the case, and commit, bail, or discharge, as in other cases; but no
person so arrested and bailed shall be permitted to remain in the Nation, but
shall forthwith be removed therefrom.
Punishment of
contractors for fraud.
SEC.
39. And be it further enacted, That if any person who has taken,
or is concerned in any contract with the Confederate States, or with any agent
or officer thereof, for furnishing provisions to any Indians whatever, shall be
guilty of defrauding them by the issue of a less quantity than they, or any
part or one of them, are or is entitled to, and receiving pay for the quantity
which should have been issued, or of receiving pay in any otherwise, for issues
not made, or provisions not issued, such person shall be deemed guilty of
felony, and, on conviction thereof in the proper Court, shall be fined not less
than five hundred, nor more than ten thousand dollars, sentenced to full
restitution to the Confederate States, and be imprisoned at hard labor not less
than two, nor more than twenty years.
Penalty for
selling liquors to Indians.
SEC.
40. And be it further enacted, That if any person shall convey,
transport or introduce, or attempt to convey, transport or introduce, by land
or water carriage, into any Indian Nation or Tribe, for the purposes of sale,
exchange, barter or traffic, or knowing that the same is intended to be sold,
exchanged, bartered or trafficked, anywhere in the Indian country, any
spirituous or intoxicating liquors or mixtures, or wines of any kind or
description whatever, (unless the same are provided and to be used by some
licensed trader, druggist, apothecary or physician, for purposes purely
medicinal,) every person concerned in such offence shall forfeit and pay a fine
of not less than five hundred, and not more than two thousand dollars, upon
indictment or presentment before the proper court, to be paid, one-half to the
informer, and the other half to the Nation or Tribe, into the country whereof
such introduction was effected or attempted, and be imprisoned not less than
three months, nor more than one year.
Introducing
liquors into the
Duties of
Superintendents, Agents, &c.
Searches and
seizures.
Forfeiture.
Liquors may be distrained.
SEC.
41. And be it further enacted, That if the Superintendent of
Indian Affairs, or the agent for any Nation or Tribe, or any Commanding officer
of a military post, or any judge or commissioner of a court of the Confederate
States is informed, or has reason to suspect, that any person whatever has
introduced, or is about to introduce, any spirituous or intoxicating liquors or
mixtures, or any wine, into any part of the Indian country, in violation of
this Act, it shall be the duty of such superintendent, agent, officer, judge or
commissioner, in accordance with such regulations as may be established by the
President of the Confederate States, to cause the houses, stores, boats,
wagons, carriages, packages and other places of deposit of such person to be
searched; and if any such liquors, mixtures or wine are found, all the goods of
such person of which they form a part, the boats on which they are found, the
wagons, carriages and packages conveying or containing the same, to an amount not
exceeding twenty times the value
Page 22
of the said liquors, mixtures and wine, shall be seized and
delivered to the proper officer, and be proceeded against by libel in the
proper court, and forfeited to the use of the Nation or Tribe into which the
same is introduced, or attempted to be introduced; and if the person offending
is a licensed trader, his license shall be forthwith revoked, and suit
instituted on his bond. And it shall, moreover, be lawful for any person in the
civil or military service of the Confederate States, or for any Indian, a
member by birth, adoption or otherwise, of any Indian Nation or Tribe, to take
and destroy any such liquors, mixtures or wine found in the Indian country in
violation of this Act.
Punishment
for selling liquors under fraudulent pretences.
SEC.
42. And be it further enacted, That if any licensed trader, or
any other person (other than a member by birth, adoption, or otherwise, of any
Indian Nation or Tribe) shall, within the limits of such Nation or Tribe, sell,
under the pretense of a gift, or otherwise, to any Indian, or exchange or
barter with any Indian, of either sex, and of full or mixed blood, any
intoxicating liquor or mixture, or any wine, in any quantity, large or small,
such person shall, on conviction thereof, upon indictment, be punished by fine
of not less than five hundred dollars, and imprisoned not less than ten days
nor more than six months, which fine shall be paid, one-half to the informer
and the other half to the Nation or Tribe, as other fines.
Proceedings against
property seized.
SEC.
43. And be it further enacted, That when
goods, liquors or other articles whatever are seized for any violation of this
Act, they shall be proceeded against in the manner directed to be observed in
the case of goods, wines or merchandize brought into the Confederate States in
violation of the Revenue Laws.
Penalty for
manufacturing liquors in the Indian Country.
SEC.
44. And be it further enacted, That if any person whatever shall,
within the limits of the Indian country, set up or continue any distillery for
manufacturing ardent spirits, he shall forfeit and pay a penalty of one
thousand dollars, on indictment, for such offence, and the buildings so used,
with the still and all other furniture and contents shall be confiscated,
one-half the penalty to the informer, and the other half, with the buildings,
still, furniture and contents to the Nation or Tribe; and it shall be the duty
of the Superintendent, or proper agent, to seize and turn over the same to the
Nation or Tribe.
How to be
recovered.
SEC.
45. And be it further enacted, That for
any penalty accruing under this Act, the informer may sue and recover the same
in an action of debt, qui tam, in the name of the Confederate States,
before any court having jurisdiction of the same in any State or District in
which the offender may be found to be served with process.
Duties of the
military in enforcing this Act.
Treatment of person
arrested.
SEC.
46. And be it further enacted, That it shall be lawful for the
military force of the Confederate States, to be employed in such manner and
under such regulations as the President may direct, and upon the requisition of
a Superintendent, or of an Agent, in the apprehension of any person offending
against any provision of this Act, or found in the Indian country, in violation
of its provisions, or of any Treaty stipulation, and him immediately to convey
from such country, and dispose of, as directed by the proper officer, or authority,
to be proceeded against, if the case require it, in due course of law; and also
in the examination and seizure of stores, boats, wagons, carriages and
packages, authorized by this Act, and in preventing the introduction of persons
and property into the Indian country contrary to law; which persons and
property shall be proceeded against according to law: Provided, That no
person apprehended by military force as aforesaid, shall be detained longer
than five days after the arrest, and before removal. And all officers and
soldiers, who may have such person or persons, in custody, shall treat them
with all the humanity, which the circumstances
Page 23
will possibly permit; and every officer and soldier,
who shall be guilty of maltreating any such person, while in custody, shall
suffer such punishment as a court martial shall direct.
Who considered members of
the Indian nations.
SEC.
47. And be it further enacted, That every person shall be
considered a member of the Cherokee, Creek, Seminole, Choctaw and Chickasaw
Nations, for the purposes of this act, whose mother was member of the same, or
whose father was so, though married to a white woman, if both were domiciled in
the nation when the party was born, and if such party still resides therein; or
who has with his or her consent, been adopted by the act of the legislature or
general council of the nation, and therein continues to reside; or who has
married a member of the nation, and is settled and resides therein; or who is
permanently domiciled therein with the consent of the nation, and is permitted
to vote at elections.
Exclusive
jurisdiction of the C. S.
Proviso.
SEC.
48. And be it further enacted, That the reservations or
selections for military posts and forts in the Indian country, shall be within
the sole and exclusive jurisdiction of the Confederate States, as also shall
the reservations for agencies in the several nations and tribes; and that all
the laws of the Confederate States in force, in any other place within such sole
and exclusive jurisdiction shall be in force within the limits of all such
reservations and selections, and offences committed therein be punished
accordingly: Provided, That as to all members of the nation, within
whose limits any agency reservation is situated, who commit any offence therein
against any law of such nation, upon the person or property of any other member
of such nation, or against its police regulations, the laws of such nation
shall govern, and they shall or may be punished thereunder,
by the tribunals of the nation.
Rights secured to party
indicted.
When court
may assign counsel.
SEC.
49. And be it further enacted, That whenever any person, who is a
member of any Indian nation or tribe, shall be indicted for any offence in any
court of the Confederate States, he shall be entitled, as of common right, to
subpoena, and if necessary, compulsory process for all such witnesses in his
behalf, as his counsel may think necessary for his defence,
and the cost of process for such witnesses, and of service thereof, and the
fees and mileage of such witnesses shall be paid by the Confederate States,
being afterwards made, if practicable, in case of conviction, of the property
of the accused. And whenever the accused is not able to employ counsel, the
court shall assign him one experienced counsel for his defence,
who shall be paid by the Confederate States a reasonable compensation for his
services, to be fixed by the court, and paid upon the certificate of the judge.
Certain acts of Congress
declared to be in force in the Indian country.
To apply to
fugitive slaves.
SEC.
50. And be it further enacted, That the provisions of all such
acts of the Congress of the Confederate States, as may now be in force, or as
may hereafter be enacted, for the purpose of carrying into effect the
provisions of the Constitution, in regard to the redelivery or return of
fugitive slaves, or fugitives from labor and service, shall extend to, and be
in full force, within the said Indian country; and shall also apply to all
cases of escape of fugitive slaves from any Indian nation or tribe into any
other Indian nation or tribe; or into one of the Confederate States, the
obligation upon each such nation, tribe or State to redeliver such slaves,
being, in every case, as complete as if they had escaped from another State,
and the mode of procedure the same.
Apprehension
and transportation of persons to proper jurisdiction for trial.
SEC.
51. And be it further enacted, That if any person charged with a violation
of any provision of this act, shall be found within any of the Confederate
States, or any territory or province of the same, he shall be there apprehended
and transported to the proper jurisdiction for trial.
Page 24
Protection
against unlawful aggression or invasion.
Removal of
dangerous or improper persons.
Reclamation of property,
lost, strayed or stolen.
Military aid may be
invoked.
SEC.
52. And be it further enacted, That each agent shall be empowered
to protect citizens of the Confederate States, and members of any other Indian
nation, peaceably and legally within the nation, for which he is agent, and not
subject to its jurisdiction and laws, against any unlawful aggression upon or
invasion of their rights, by individuals, or by the authorities of the nation.
He shall have power to remove dangerous or improper persons, other than members
of the nation by birth and blood, beyond the limits of the nation, subject only
to an appeal to the superintendent; and to hear complaints of citizens of the
Confederate States, in reclamation of property lost, strayed or stolen, to
examine testimony, and cause immediate restoration of such property, subject
only to the like appeal to the superintendent, whose decision shall be final,
saving the right of the parties to seek redress through the courts of competent
jurisdiction. And for all these purposes the agent shall have power to call
upon the commander of any military post for aid and assistance.
Power given
agent to enforce the laws against the introduction of liquors.
SEC.
53. And be it further enacted, That each agent shall also have
power to enforce the laws of the Confederate States, in regard to the
introduction of spirituous liquors into the nations or tribes, for which he is
agent, by seizure of the same, and apprehension and commitment of the persons
offending; to issue his warrant for the apprehension of such persons, and of
persons charged with any other offence against the laws of the Confederate
States, or of any State of the same; and to call to his assistance for the
execution of the same, and of any warrant of commitment, or other process, for
parties or witnesses, the troops of the Confederate States.
Armed police.
Their number
and compensation.
SEC.
54. And be it further enacted, That each agent may, with the
approval of the superintendent, and when there are no troops of the Confederate
States within his jurisdiction, keep in pay an armed police, composed of
members of the nation or tribe, for which he is agent, not exceeding
twenty-five in number, for such times and at such rate of compensation, as
shall be sanctioned by the superintendent, whenever it may be necessary to
preserve peace and order, or to enforce the laws of the Confederate States, by
whom the expense of such police force shall be paid.
General
duties of agents.
SEC.
55. And be it further enacted, That each agent shall be, within
the limits of the country of the nation or tribes for which he is agent, ex
officio, a commissioner in civil and criminal cases, of the courts of the
Confederate States, with power and authority to take the testimony of
witnesses, upon commission or otherwise; to administer oaths and receive
affidavits; to cause to be apprehended persons charged with offences against
the laws of the Confederate States, or of any State of the same, and found
within his agency, to examine them and hear the witnesses, and thereupon to
commit, bail or discharge the parties, and take recognizance of witnesses to
appear at the proper time to testify; to perform all the duties of commissioner
under the laws, for the rendition of fugitives from justice and fugitive
slaves; to receive the authentication by oath, of accounts and claims against
the Government, and all papers and pleadings needing to be sworn to in the
courts of the Confederate States, and of all other papers whereto, by any
regulation of any department of the Government, an oath or acknowledgment is
required; and to perform the marriage ceremony, and to do and perform such other
acts as a magistrate and notary public may do and perform, in any place under
the sole and exclusive jurisdiction of the Confederate States; and may act as
commissioner of any one or more of the Confederate States, to administer oaths,
take depositions, and receive acknowledgments of deeds; and full faith and
credit shall be
Page 25
given to all his acts and certificates, done and
given within the purview of this act.
To act as
ancillary administrator.
SEC.
56. And be it further enacted, That each agent shall be, ex
officio, ancillary administrator of all the goods and chattels, rights and
credits, within his agency, of all citizens of the Confederate States, or
persons, other than members of the nations or tribes, for which he is agent,
who may die therein, with power to collect and take possession of the same, to
sell such portions as may be perishable, and the rest to keep and preserve, and
the whole to turn over and account for, to the regular administrator or
executor in the proper jurisdiction.
Fees for
services.
SEC.
57. And be it further enacted, That for all services so
performed, each Agent shall receive from the parties, and the Confederate
States, respectively, such fees as shall be fixed in the proper Courts, or by
the regulations to be prescribed by the Secretary of War, or by the laws or the
State, for which he may be commissioned; and shall receive no other or larger
fees or allowances, nor any gratuities whatever, under the penalty of being
deemed guilty of corruption and extortion in office.
Secretary of War, to
prescribe certain rules and forms;
the same to be printed and distributed.
SEC.
58. And be it further enacted, That the Secretary of War shall
be, and he is hereby authorized and required to continue, adopt or prescribe
such rules and regulations, as he may think fit, for carrying into effect, the
various provisions of this act, and of any other act relating to Indian
affairs, and for the settlement of the accounts of the Indian Bureau; and also
such forms, as may be necessary or proper therefor;
and when he shall have completely revised and arranged the same, to cause them
to be printed in convenient form, and furnished to all officers, and persons,
who are to be governed or directed thereby. From the time of
the promulgation whereof, all former rules and regulations in regard to Indian
affairs, shall be deemed and taken to be rescinded.
Laws repealed.
SEC.
59. And be it further enacted, That all
acts or parts of acts, contrary to the provisions of this act, are hereby
repealed.
APPROVED
Estimates of
heads of departments to be communicated to Secretary of Treasury.
Secretary to
submit same, with the estimates of his Department, to the President.
The Congress of
the Confederate States of America do enact, That it shall be the duty of
the heads of the several departments to communicate to the Secretary of the
Treasury the estimates of their respective departments thirty days prior to the
assembling of Congress; and the Secretary of the Treasury shall submit said
estimates, together with the estimates for his own department, to the
President, ten days prior to the opening of the session of Congress.
Duplicates to be furnished
Secretary, of estimates made during session of Congress.
SEC.
2. Be it further enacted, That it shall
be the duty of the several heads of departments, in case of estimates made
during the session of Congress, to furnish the Secretary of the Treasury
duplicates thereof, who shall report thereon to Congress the ways and means to
provide for the same.
APPROVED
Advance of a certain sum of
money to the State of
Proviso.
The Congress of
the Confederate States of America do enact, That
the Secretary of the Treasury be authorised to issue
to the State of
Page 26
an act for the relief of the State of Missouri, approved the 27th
January, 1862, upon the authorised agent or agents of
said State, first filing with said Secretary the sum of four hundred and
ninety-one thousand five hundred dollars, in bonds of said State of Missouri,
as provided in said act, and executing a receipt for the remainder of such
advance conditioned for the filing of the remainder of said amount in bonds of
the State of Missouri, whenever the same can be conveniently done: Provided,
Such remainder in bonds shall be filed with said Secretary within six months
after the passage of this act.
APPROVED
Companies,
&c., of troops to be armed with pikes or other arms.
How organized.
The Congress of
the Confederate States of America do enact, That the President be, and he
is hereby, authorised to organise
companies, battalions or regiments of troops, to be armed with
pikes, or other available arms, to be approved by him, when a sufficient number
of arms of the kind now used in the service cannot be procured; such companies,
battalions or regiments to be organised in the same
manner as like organizations of infantry now are under existing laws.
To serve as
infantry or be attached to other regiments in the service.
May be detailed
to fill vacancies.
SEC.
2. Be it further enacted, That the
President may cause the troops armed and organised as
herein provided, to serve as similar organizations of infantry now do, or to
attach troops so armed to other regiments in the service, in numbers not
exceeding two companies of troops so armed to each regiment. And the colonel of
the regiment to which such companies may be attached, shall have power to
detail men from such companies to take the place of men in the companies armed
with fire-arms, whenever vacancies may occur from death, or discharge, or in
cases of absence, from sickness, furlough, or any other cause: the true intent
and meaning of this provision being to render every fire-arm in the army
available at all times, by having it always in the hands of a well and
effective man.
Secretary of
War to furnish a copy of this act to every General in the service.
SEC.
3. Immediately after the passage of this act it shall be the duty of the
Secretary of War to furnish a copy of the same to every General in the service.
APPROVED
Term of enlistment in the
Marine corps.
The Congress of
the Confederate States of America do enact, That
from and after the passage of this act, enlistments in the marine corps shall
be for the term of the existing war, or for the period of three years, as the
recruit may elect at the time of enlistment.
Bounty.
SEC.
2. Be it further enacted, That every able-bodied man who may
enlist and be received into the marine corps, shall be entitled to a bounty of
fifty dollars, to be paid at the time of joining the corps, and every
non-commissioned officer, musician and private, now in the marine corps, who
may have enlisted for three years, shall be entitled to receive the sum of
forty dollars, as an equivalent to bounty.
Appropriation.
SEC.
3. Be it further enacted, That for the
purpose of carrying into effect the provisions of this act, the sum of forty
thousand dollars is
Page 27
hereby appropriated out of any money in the Treasury,
not otherwise appropriated.
APPROVED
1861, Dec. 12.
Official acts of the
District Attorney, Marshal and Deputy Marshals of the State of
Fees and
emoluments.
The Congress of
the Confederate States of America do enact, That the official acts of J. C.
Ramsey, late District Attorney, and of Jesse B. Clements, late Marshal of the
District of Tennessee, and of the Deputies of said Marshal, from the time their
respective offices were vacated, by the passage of the act of the Provisional
Congress, approved on the twelfth day of December, 1861, by which said District
of Tennessee was divided into three several districts, without any provision
for continuing said officers in office, be, and the same are hereby, made legal
and valid to the same extent and in the same manner, as if they had been
continued in office up to the passage of this act; and they are hereby
exonerated from any penalty, forfeiture or liability to the public or any
private person by reason of any official act committed by them, to the same
extent and in the same manner, as if they had been legally in office at the
time of committing the same. And said officers are hereby authorised
to collect and receive the same fees and emoluments as if they had been
rightfully in office.
Continuance
of Marshal and his Deputies in office.
SEC.
2. Be it further enacted, That the said
Marshal and his Deputies may continue to act until the successors of said
Marshal are qualified.
APPROVED
Payment of
salaries to District Collectors of War Tax.
Maximum
amount.
Proviso.
The Congress of
the Confederate States of America do enact, That the Secretary of the
Treasury be, and he is hereby, authorized to pay a part of the salaries of the
several district collectors of the War tax, authorized by the act entitled
"An Act to authorize the issue of Treasury notes and to provide a war tax
for their redemption," approved August 19th, 1861, in those States which
have assumed the payment of said tax: Provided, That in no case shall
the amount so paid to each Collector exceed the sum of one hundred dollars: And
Provided, further, The Secretary of the Treasury shall be satisfied that
said collectors gave bond and rendered services as required by said act,
previous to the assumption of said tax by the respective States, equal in value
to the sum to be paid.
APPROVED
Corps of officers for the
working of nitre caves, etc.
The Congress of
the Confederate States of America do enact, That for the purpose of
procuring a supply of nitre, adequate to the wants of
the Government, during the continuance of the war with the United States, the
President be, and he is hereby, authorised to appoint
a corps of officers, consisting of one superintendent, with the rank, pay, and
allowances of a major of artillery, four assistants, with the rank, pay and
allowances of captain of artillery, eight subordinates, with the rank, pay and
allowances of first lieutenants of artillery.
Page 28
Their duties.
Superintendent
to make report to Chief of Ordnance.
Organization; how long to
continue.
SEC.
2. The duties of the officers, under the supervision of the Chief of
Ordnance, shall be to inaugurate and prosecute a system for the efficient
working of the nitre caves, and to purchase and
contract for the delivery of nitre produced within
the limits of the Confederate States; to inspect the nitre
caves and other natural deposits of nitriferous
earth, and to report the probable annual supply from these sources, and the
extent and economy, or otherwise, with which they are now being worked by
private enterprize; to establish nitre
beds in the vicinity of the principal cities and towns of the Confederacy, and
to contract for the necessary grounds, sheds, etc., and for the offal and other
materials used in the preparation of nitre beds; to
diffuse information and to stimulate enterprise in the production of an article
essential to the successful prosecution of the war. The superintendent will
make reports, at stated periods, to the Chief of Ordnance, to be submitted to
the Secretary of War, for the information of Congress. This
organization to be continued at the discretion of the President.
APPROVED
1861, Aug. 19.
1861, Dec. 19.
Further issue of Treasury
notes, certificates of stock and bonds, authorized.
Secretary of the Treasury
may effect loans.
Bonds; when
redeemable.
Faith of the Government
pledged.
The Congress of
the Confederate States of America do enact, That the Secretary of the
Treasury be, and he is hereby, authorised to issue,
in addition to the amounts heretofore authorised to
be issued by an act entitled "An Act to authorise
the issue of Treasury notes and to provide a War Tax for their
redemption," approved August 19th, 1861, and by the further supplemental
act to the above cited act, approved December 19th, 1861, from time to time, as
the public necessities may require, Treasury notes, certificates of stock and
bonds, not to exceed in the aggregate the sum of two hundred and fifteen
millions of dollars, of which fifty millions shall be in Treasury notes, to be
issued without reserve; ten millions in Treasury notes to be used as a reserve
fund, and to be issued to pay any sudden or unexpected call for deposits; and
one hundred and sixty-five millions certificates of stock or bonds: the said
Treasury notes, certificates of stock and bonds to be issued under the same
forms, conditions and restrictions as are provided by the above cited acts, in
every respect and particular: Provided, however, That the Secretary of
the Treasury may, if he shall deem the same advisable, effect a loan, at home
or abroad, in specie funds or bills of exchange or Treasury notes, by a sale of
the said bonds or stock upon such terms as may be found practicable: And Provided,
further, That all bonds issued under this section shall be made redeemable
at the pleasure of the Government after the expiration of ten years from their
respective dates, but the faith of the Government shall be pledged to redeem
the same at the expiration of thirty years from such dates.
Bonds or
certificates in exchange for Treasury notes.
Reconvertible into Treasury notes.
SEC.
2. The Secretary of the Treasury may issue in exchange for any of the
Treasury notes which may be issued under this or any other law, bonds or
certificates, payable in not more than ten years, at a rate of interest not
exceeding six per cent. per annum, payable semi-annually, to the extent of
fifty millions of dollars, which fifty millions shall constitute part of the
one hundred and sixty-five millions of stock and bonds above authorised; the said bonds or certificates to be reconvertible, at the pleasure of the holder, into Treasury
notes, and the said exchange and re-exchange to be subject to such regulations
as the Secretary of the Treasury may prescribe.
Page 29
Form.
May be with
or without coupons.
SEC.
3. The form of the said bonds or certificates authorized by the second
section above, shall be determined by the Secretary of
the Treasury; the said certificates may be issued with or without coupons, and
may be made payable to order or bearer, as may be deemed expedient.
APPROVED
Additional
depositaries of public moneys.
Depositaries
to give bond.
Their
compensation.
The Congress of
the Confederate States of America do enact, That the Secretary is hereby
authorized to make and constitute such additional depositories of public moneys
as in his judgment the public exigencies may require, which said depositories shall
give bond and be subject in all respects to the same laws and regulations, and
be entitled to the same compensation as the depositories now authorized by law.
When their office to cease.
SEC.
2. The offices of the said additional depositories, appointed under this
act, shall cease and determine at the expiration of one year after the
termination of the existing war with the
APPROVED
Pay of colored persons
employed as musicians.
Proviso.
The Congress of
the Confederate States of America do enact, That whenever colored persons
are employed as musicians in any Regiment or Company, they shall be entitled to
the same pay now allowed by law to musicians regularly
enlisted: Provided, That no such persons shall be so employed except by
the consent of the commanding officer of the Brigade to which said Regiments or
Companies may belong.
APPROVED
1862, March 25.
1862, March 26.
Pay of members of Congress
during recess of Congress.
Treasurer to
report the amount drawn.
The Congress of
the Confederate States of America do enact, That during the recess of
Congress, the members of the Senate and House of Representatives are authorized
to draw their drafts or orders on the Treasurer for their rateable
monthly pay; and at the commencement of each session of Congress, the Treasurer
shall report to each House the amount drawn by their respective members, during
the preceding recess: Provided that the members of the Senate and House
of Representatives, respectively, shall be entitled to draw their pay at the
rate fixed by law up to the period of adjournment of each session.
APPROVED
Preamble.
In view of the
exigencies of the country, and the absolute necessity of keeping in the service
our gallant army, and of placing in the
Page 30
field a large additional force to meet the advancing
columns of the enemy now invading our soil: Therefore
All white men, residents of
the Confederate States, between the ages of 18 and 35 years, placed in the
military service.
Those now in the armies
continued in the service.
Re-organization of
companies, &c., whose term of enlistment was for twelve months.
Furloughs may be granted.
1861, Dec. 11.
Commutation.
Persons now enrolled, under
the age of 18 or over 35 years, required to remain for 90 days.
Certain laws repealed.
The Congress of
the Confederate States of America do enact, That the President be, and he
is hereby authorized to call out and place in the military service of the
Confederate States, for three years, unless the war shall have been sooner
ended, all white men who are residents of the Confederate States, between the
ages of eighteen and thirty-five years at the time the call or calls may be
made, who are not legally exempted from military service. All of the persons
aforesaid who are now in the armies of the Confederacy, and whose term of
service will expire before the end of the war, shall be continued in the
service for three years from the date of their original enlistment, unless the
war shall have been sooner ended: Provided, however, That all such
companies, squadrons, battalions, and regiments, whose term of original
enlistment was for twelve months, shall have the right, within forty days, on a
day to be fixed by the Commander of the Brigade, to re-organize said companies,
battalions, and regiments, by electing all their officers, which they had a
right heretofore to elect, who shall be commissioned by the President: Provided
further, That furloughs not exceeding sixty days, with transportation home
and back, shall be granted to all those retained in the service by the
provisions of this Act beyond the period of their original enlistment, and who
have not heretofore received furloughs under the provisions of an Act entitled
"An Act providing for the granting of bounty and furloughs to privates and
non-commissioned officers in the Provisional Army," approved eleventh
December, eighteen hundred and sixty-one, said furloughs to be granted at such
times and in such numbers as the Secretary of War may deem most compatible with
the public interest: and Provided, further, That in lieu of a furlough
the commutation value in money of the transportation herein above granted,
shall be paid to each private, musician, or non-commissioned officer who may
elect to receive it, at such time as the furlough would otherwise be granted: Provided
further, That all persons under the age of eighteen years or over the age
of thirty-five years, who are now enrolled in the military service of the
Confederate States, in the regiments, squadrons, battalions, and companies
hereafter to be re-organized, shall be required to remain in their respective
companies, squadrons, battalions and regiments for ninety days, unless their
places can be sooner supplied by other recruits not now in the service, who are
between the ages of eighteen and thirty-five years; and all laws and parts of
laws providing for the re-enlistment of volunteers and the organization thereof
into companies, squadron, battalions, or regiments, shall be and the same are
hereby repealed.
Companies,
&c., with number of men requisite for organization to be mustered into
service.
SEC.
2. Be it further enacted, That such companies, squadrons,
battalions, or regiments organized, or in process of organization by authority
from the Secretary of War, as may be within thirty days from the passage of
this Act, so far completed as to have the whole number of men requisite for
organization actually enrolled, not embracing in said organization any persons
now in service, shall be mustered into the service of the Confederate States as
part of the land forces of the same, to be received in that arm of the service
in which they are authorized to organize, and shall elect their company,
battalion, and regimental officers.
Enrollment of
men.
SEC.
3. Be it further enacted, That for the
enrollment of all persons comprehended within the provisions of this Act, who
are not already in service in the armies of the Confederate States, it shall be
lawful for the President, with the consent of the Governors of the respective
Page 31
States, to employ State officers, and on failure to obtain such
consent, he shall employ Confederate officers, charged with the duty of making
such enrollment in accordance with rules and regulations to be prescribed by
him.
Persons enrolled assigned
to companies in the service, from the States from which they come.
SEC.
4. Be it further enacted, That persons
enrolled under the provisions of the preceding Section, shall be assigned by
the Secretary of War, to the different companies now in the service, until each
company is filled to its maximum number, and the persons so enrolled shall be
assigned to companies from the States from which they respectively come.
Transfer of seamen from the
land forces to the Naval service.
SEC.
5. Be it further enacted, That all Seamen and ordinary Seamen in
the land forces of the Confederate States, enrolled under the provisions of
this Act, may, on application of the Secretary of the Navy, be transferred from
the land forces to the Naval service.
Excess of enrolled persons
kept as a reserve.
Details from
the reserve to keep each company to its maximum.
Reserves may remain at
home.
Not to receive pay;
nor be subject to rules and articles of war.
When the entire
reserve may be called into actual service.
Organization.
Election of
officers.
Troops raised in different
States not to be combined.
SEC.
6. Be it further enacted, That in all cases where a State may not
have in the army a number of Regiments, Battalions, Squadrons or Companies,
sufficient to absorb the number of persons subject to military service under
this Act, belonging to such State, then the residue or excess thereof, shall be
kept as a reserve, under such regulations as may be established by the
Secretary of War, and that at stated periods of not greater than three months,
details, determined by lot, shall be made from said reserve, so that each
company shall, as nearly as practicable, be kept full: Provided, That
the persons held in reserve may remain at home until called into service by the
President: Provided, also, That during their stay at home, they shall
not receive pay: Provided, further, That the persons comprehended in
this Act, shall not be subject to the Rules and Articles of War, until mustered
into the actual service of the Confederate States; except that said persons,
when enrolled and liable to duty, if they shall wilfully
refuse to obey said call, each of them shall be held to be a deserter, and
punished as such, under said Articles: Provided, further, That whenever,
in the opinion of the President, the exigencies of the public service may
require it, he shall be authorized to call into actual service the entire
reserve, or so much as may be necessary, not previously assigned to different
companies in service under provision of section four of this Act; said reserve
shall be organized under such rules as the Secretary of War may adopt: Provided,
The company, battalion and regimental officers shall be elected by the troops composing
the same: Provided, The troops raised in any one State shall not be
combined in regimental, battalion, squadron or company organization with troops
raised in any other States.
Bounty.
SEC.
7. Be it further enacted, That all soldiers now serving in the
army or mustered in the military service of the Confederate States, or enrolled
in said service under the authorizations heretofore issued by the Secretary of
War, and who are continued in the service by virtue of this Act, who have not
received the bounty of fifty dollars allowed by existing laws, shall be
entitled to receive said bounty.
Pay for private arms.
SEC.
8. Be it further enacted, That each man who may hereafter be
mustered into service, and who shall arm himself with a musket, shot-gun, rifle
or carbine, accepted as an efficient weapon, shall be paid the value thereof,
to be ascertained by the mustering officer under such regulations as may be
prescribed by the Secretary of War, if he is willing to sell the same, and if he
is not, then he shall be entitled to receive one dollar a month for the use of
said received and approved musket, rifle, shot-gun or carbine.
Substitutes allowed.
SEC.
9. Be it further enacted, That persons
not liable for duty may be received as substitutes for those who are, under
such regulations as may be prescribed by the Secretary of War.
Page 32
Vacancies filled by
promotion according to seniority.
Proviso.
Further
proviso.
SEC.
10. Be it further enacted, That all vacancies shall be filled by
the President from the company, battalion, squadron, or regiment in which such
vacancies shall occur, by promotion according to seniority, except in case of
disability or other incompetency: Provided,
however, That the President may, when in his opinion, it may be proper,
fill such vacancy or vacancies by the promotion of any officer or officers, or
private or privates from such company, battalion, squadron or regiment who
shall have been distinguished in the service by exhibition of valor and skill;
and that whenever a vacancy shall occur in the lowest grade of the commissioned
officers of a company, said vacancy shall be filled by election: Provided,
That all appointments made by the President shall be by and with the advice and
consent of the Senate.
§1 of this Act to apply to
certain regiments, &c.
SEC.
11. Be it further enacted, That the
provisions of the first section of this Act, relating to the election of
officers, shall apply to those regiments, battalions, and squadrons which are
composed of twelve months and war companies combined in the same organization,
without regard to the manner in which the officers thereof were originally
appointed.
Complement of infantry;
field artillery;
cavalry.
SEC.
12. Be it further enacted, That each
company of infantry shall consist of one hundred and twenty-five, rank and
file; each company of field artillery of one hundred and fifty, rank and file;
each of cavalry, of eighty, rank and file.
Persons subject to
enrollment may volunteer.
SEC.
13. Be it further enacted, That all
persons, subject to enrollment, who are not now in the service, under the
provisions of this Act, shall be permitted, previous to such enrollment, to
volunteer in companies now in the service.
APPROVED
WHEREAS, The issue and deposit of Treasury notes at the offices
connected with the Treasury involve an increase of labor and responsibility:
[Therefore]--
Secretary of the Treasury
authorized to appoint additional Tellers and Book-keepers.
Compensation.
Number.
Proviso.
The Congress of
the Confederate States of America do enact, That the Secretary of the
Treasury is hereby authorized to employ such additional Tellers and
Book-keepers as are required at the offices of the Treasurer and Assistant
Treasurers for the additional duties required in the receipt and disbursement
of Treasury notes: Provided the compensation to be allowed shall not
exceed the rate of twelve hundred dollars per annum, for each Teller or
Clerk: and Provided also, that the number of Clerks to be employed shall
not exceed seven: and, Provided, that no person shall be appointed in
either of said offices who is under the age of forty years, and capable of
active service in the army: and, Provided, further, that a preference
shall, in all cases, be given, in making appointments, the qualifications being
equal, to those who have been discharged from the military service of the
country on account of wounds received, or disease contracted, in the line of
duty.
APPROVED
April l7, 1862
Secretary of
War to divide appropriations for the contingent expenses of the Army and War
Department.
1862, April 3.
The Congress of
the Confederate States of America do enact, That
the appropriation of two hundred thousand dollars made for the incidental and
contingent expenses of the Army and of the War Department, in the Act entitled
"An Act making appropriations for the support
Page 33
of the Government from April first to the thirteenth of November
eighteen hundred and sixty-two," approved April third, eighteen hundred
and sixty-two, be divided and applied, by the Secretary of War, to the
incidental and contingent expenses of the War Department and to those of the
Army, in such proportions, as, in his opinion, the exigencies of the public
service may require.
APPROVED
Manufactories
of Saltpetre and of Small Arms.
Advances by
the Government.
Plan of the
works.
Advances
payable in instalments.
President's
approval.
Contractors
to give bond.
Penalty.
Condition.
Oath.
Penalty for
perjury.
The Congress of
the Confederate States of America do enact, That any person or persons who
may propose to establish within the limits of the Confederate States a
manufactory or manufactories of Saltpetre and of
Small Arms adapted to the use of the army, shall be entitled to receive from
the Government an advance of fifty per cent. of the amount required for the
erection and preparation of the works and machinery necessary to such
manufactory or manufactories, to be repaid without interest in the product of
such manufactory or manufactories, at a price to be agreed upon before such
advance shall be made, all subject to the following conditions, to wit:--First,
That the contractor or contractors shall submit to the President a plan of the
proposed works, showing their location, nature and extent, together with a
sworn estimate of their probable cost, and a detailed account under oath of the
amount already expended on the same, which amount shall be at least twenty-five
per cent. of the entire estimated cost of such work.
Second, That the amount so advanced shall be paid in instalments as the works shall progress towards completion.
Third, That the proposed enterprise and works shall be
approved by the President. Fourth, That the contractor or contractors shall
enter into bond with sufficient security, to be approved by the President, in
the penalty of double the amount proposed to be advanced, and conditioned that
the principal obligor or obligors shall well and truly, by a certain time,
(which may be extended by the President if he thinks proper,) named in the
bond, proceed to erect, complete and put into effective operation the
manufactory or manufactories proposed; that he or they will expend the sum
named for these purposes; that he or they will appropriate the money advanced
by the Government to such purpose and to no other use or purpose, and, as far
as practicable, keep the property insured; and that he or they will repay the
same from the merchantable articles manufactured, to be delivered at such times
and in such quantities as may be agreed upon, the same, in all cases, to be
inspected by a government officer before it is received, until he or they shall
fully repay to the Confederate States, in the article and at the price
stipulated for the sum advanced; that the contractor or contractors shall
subscribe a written oath, endorsed upon the back of said bond; which may be
administered by any one authorized to administer an oath, that said advance is
asked for the purposes specified in this Act, and no other, and that he or they
will so apply said funds, which may thus be advanced; and a willful and corrupt
violation of this oath shall be deemed perjury, and punishable by imprisonment
for not less than three nor more than ten years.
This Act to
apply to cases of enlargement of existing manufactories.
SEC.
2. The provisions of this Act shall apply to cases of enlargement or
manufactories of Saltpetre and of Small Arms, now
established of being established
within the Confederate States, but the advances made in such cases, shall only
be fifty per cent. upon the
Page 34
amount proposed to be invested in the enlargement of
such manufactory or manufactories: and no now existing investment in such
manufactory or manufactories shall be computed or taken into account in
determining such fifty per cent.
APPROVED
Issue of
Treasury Notes of the denomination of one and two dollars.
When payable.
Receivable in
payment of public dues except &c.
The Congress of
the Confederate States of America do enact, That in addition to the
Treasury Notes, authorized to be issued under previous acts, the Secretary of
the Treasury is hereby required to prepare and put in circulation, by such
means as he may deem proper to adopt, five millions of dollars of Treasury
Notes of the Confederate States, of the denomination of
one dollar and two dollars. Said notes shall be issued in such proportions of
each, to the aggregate sum herein authorized as the said Secretary may
determine, payable to bearer, six months after the ratification of a treaty of
peace, between the
Printing of
the notes.
SEC.
2. Be it further enacted, That the
Secretary is hereby authorized to have said notes printed as he may deem most
practicable and advisable in effecting a speedy issue and circulation of said
notes.
Issue of
Treasury Notes of not less than $100, bearing interest.
To be a substitute for
certain bonds.
Receivable in
payment of all dues, except, &c.
SEC.
3. Be it further enacted, That the Secretary of the Treasury is
hereby authorized to issue Treasury notes payable in six months after the
ratification of a treaty of peace, between the Confederate States and the
United States, of a denomination not less than one hundred dollars, bearing
interest at the rate of two cents per day for each hundred dollars; the said
notes when issued to be a substitute for so much of the one hundred and
sixty-five millions of bonds authorized by the act of Congress, passed at the
present session; and said notes shall be receivable in payment of all public
dues except the export duty on cotton.
Report by Secretary to
Congress.
SEC.
4. Be it further enacted, That the said
Secretary shall make report to Congress of the amount of each denomination of
notes, herein required to be issued, which he may put in circulation.
Act of 1861, Aug. 19, §§21 and 23, against the
forgery of notes, &c., to apply.
SEC.
5. Be it further enacted, That the twenty-first and twenty- third
sections of "An act to authorize the issue of Treasury Notes, and to
provide a War Tax for their redemption" be, and the same are hereby
declared to apply to the Treasury Notes herein authorized, as fully, in all
respects, as if the same constituted a part, of this act.
APPROVED
Preamble.
Construction
of railroad from
WHEREAS, The
Confederate States the engaged in actual war, and the
President has recommended, for military reasons, the construction, of the
railroad from
Contract for the completion
and connection of said roads.
The Congress of
the Confederate States of America do enact, That the President be, and he
is hereby authorized and empowered to aid or contract with the New Orleans and
Texas Railroad Company, and
Page 35
the
Appropriation.
Mortgage on
the road.
SEC.
2. Be it further enacted, That to enable the President to
accomplish the object herein contemplated, the sum of one million five hundred
thousand dollars in the bonds of the Confederate States, is hereby appropriated
to be issued and applied by the order of the President at such times and in
such sums as he may deem proper, and that the President be directed to take a
mortgage on said road and its appurtenances for the ultimate repayment of the
money so expended in aid of its erection.
APPROVED
Certain laws repealed and
others declared in force, relating to the conveyance of mailable
matter by express or other companies.
1861, Feb. 9.
Proviso.
Frauds upon the revenue of
the P. O. Department, how punished.
How this act to be
construed.
When to take
effect.
The Congress of
the Confederate States of America do enact, That so much of the existing
enactments of the Confederate States, as relates to the conveyance or
transportation of letters or packages of letters or of mailable
matter of any kind by express or other companies of any kind, their agents or
employees, be and the same are hereby repealed, and the laws of the United
States adopted by an act of the Provisional Congress entitled "An Act to
continue in force certain laws of the United States of America," on the
ninth day of February, one thousand, eight hundred and sixty-one, relating to
the conveyance or transportation of letters, packets, or packages of letters or
other mailable matter by express or other companies,
their agents or employees, be and the same are hereby declared to be in full
force: Provided, That nothing in this act contained shall be so
construed as to declare that any portion of said laws of the United States,
adopted as aforesaid, not inconsistent with the acts of the said Provisional
Government was by said last named acts in any wise abrogated or repealed: Provided,
further, That frauds upon the revenue of the Post Office Department and
offences against and violations of the laws hereby repealed may be proceeded
against and punished under the laws existing at the time of the commission of
such fraud, offence or violation, and this act shall not be construed to have a
retroactive operation so as to repeal or abrogate any law as to such frauds,
offences or violations heretofore committed, but shall have a prospective
operation only: Provided, also, That this act shall take effect from and
after the first of June, one thousand, eight hundred and sixty-two.
APPROVED
Marshals'
fees.
The Congress of
the Confederate States of America do enact, That all laws now in force
prescribing the fees of Marshals of the Confederate States be, and the same are
hereby repealed; and in lieu thereof the said Marshals shall be allowed to have
and charge the fees following, to wit:
For service of any
warrant, attachment, summons, capias or other writ
(except execution, venire or summons, or subpoena for a witness,) two dollars
for each person on whom such service may be made:
Page 36
Provided, That, on petition setting forth the facts on oath, the court
may allow such fair compensation for the keeping of personal property, attached
and held on mesne process, as shall, on examination,
be found to be reasonable.
For serving a writ
of subpoena on a witness, fifty cents; and no further compensation shall be
allowed for any copy, summons or notice for witness.
For travel in
going to serve any process, warrant, attachment, or other writ, including writs
of subpoena in civil and criminal cases, five cents per mile for going and the
same for returning, to be computed from the court where the process is issued,
to the place where served, by the route usually traveled between such points;
and if more than one person is served therewith, the travel shall be computed
from the court to the place of service which shall be most remote, adding
thereto the extra travel which shall be necessary to serve it on the other. And
in all cases where mileage is allowed to the Marshal by this Act, it shall be
at his option to receive the same, or his actual traveling expenses, to be
proved on his oath to the satisfaction of the court.
For
each bail bond, fifty cents.
For
summoning appraisers, each, fifty cents. For every
commitment or discharge of a prisoner, fifty cents.
For
every proclamation in admiralty, thirty cents. For
sales of vessels or other property, under process in admiralty, or under the
order of a court of admiralty, and for receiving and paying the money, one per
centum on the amount.
For serving an
attachment in rem, or a libel in admiralty,
two dollars; and the necessary expenses of keeping boats, vessels or other
property attached or libelled in admiralty to be
ascertained and allowed by the court.
For serving a writ
of possession, partition, execution, or any final process, the same mileage as
is herein allowed for the service of any other writ: Provided, That no
charge for mileage in any case shall be made, except for the distance actually travelled; and for making the service, seizing or levying
on property; advertising and disposing of the same by sale, set-off or
otherwise, according to law, receiving and paying over the money, the same
fees, commissions and poundage, as are or shall be allowed for similar service
to the Sheriffs of the several States, respectively, in which the service may
be rendered
For serving
venires, and summoning jurors, fifty cents each: Provided, That, in no
case shall the fees for distributing and serving venires, and summoning jurors,
including mileage chargeable by the Marshal for such service, at any court,
exceed fifty dollars.
For traveling from
his residence to the place of holding court, to attend a term thereof, ten
cents per mile for going and the same for returning, and five dollars per day
for attending the court and for bringing in and committing prisoners and
witnesses during the term.
For executing a
deed prepared by a party or his attorney, one dollar.
For
drawing and executing a deed, five dollars.
For transporting
criminals to the Penitentiary, or other place of confinement, ten cents per
mile for each necessary guard and each prisoner, for going only, and ten cents
per mile for himself for going and returning.
For conveying
prisoners under arrest from the place of arrest to the court where the
prisoners are to be tried, ten cents per mile for himself and each necessary
guard, and each prisoner.
For copies of
writs or papers furnished at the request of any party, ten cents per folio.
Page 37
For holding a
Court of Enquiry, or other proceedings before a jury,
including the summoning of a jury, five dollars.
For attending
examinations before a commissioner and bringing in, guarding and returning
persons charged with crime, five dollars per day for himself, and three dollars
per day for each deputy necessarily attending, not exceeding two.
Criers and
persons attending on juries.
The respective
courts of the Confederate States shall appoint criers for their courts, to be
allowed the sum of two dollars per day; and the Marshals are hereby authorized
to appoint such a number of persons, not exceeding five, as the Judges of their
respective Courts shall determine, to attend upon the Grand and other Juries,
and for other necessary purposes, who shall be allowed for their services the
sum of two dollars per day, to be paid by, and included in the accounts of the
Marshal, out of any money of the Confederate States in his hands; the
compensation to be given only for actual attendance.
Marshals allowed certain
expenses.
For expenses while
employed in endeavoring to arrest, under process, any person charged with or
convicted of a crime, the sum actually expended, not to exceed two dollars per
day, in addition to his compensation for service and travel.
Allowance for
disbursing money.