A DIGEST
OF THE
MILITARY AND NATAL LAWS
OF THE
CONFEDERATE STATES,
FROM THE
COMMENCEMENT OF THE PKOYISIONAL CONGRESS
TO THE
END OF THE FIRST CONGRESS UNDER THE
PERMANENT CONSTITUTION.
ANALYTICALLY ARRANGED
BY.
CAPT. W. W. LESTER, OF THE QUARTERMASTER-GENERAL'S OFFICE,
AND
WM. J. BROMWELL, OF THE DEPARTMENT OF STATE,
ATTORNEYS-AT-LA'W.
To be continued every session.
EVANS
COLUMBIA:
AND COGSWELL.
1864.
Entered according to act of Congress, in the year 1864, by
W. W. LESTER and WILLIAM J. BROMWELL,
In the Clerk's office of the District Court of the Confederate States in and for the Eastern Dis¬
trict of "Virginia.
Printed by Evans & Cogswell, Columbia, S. C.
INTRODUCTION.
The high favor with which the present work has already been received in military
and legislative circles, and by the administrative officers of the government, even
under the disadvantage of being examined in a manuscript state, leaves no room
to doubt that, in its present neat and convenient form, it will be received as a most
useful and acceptable work by all who may have occasion to consult the military
and naval laws of our country.
The following letter from the Attorney-General of the Confederate States to the
Hon. B. Barksdale, Chairman of Committee on Printing of the House of Represen¬
tatives, and the report of that committee, communicated to the House after an
examination of the work, fully describe its character and utility, and obviate the
necessity of a more formal introduction to the public.
Letter from the Attorney-General of the Confederate States to the Hon. E. Barksdale,
Chairman of the Committee on Printing of the House of Bepresentatives.
Confederate States of America,
Department of Justice, Richmond, January 30, 1864.
Hon. E. Barksdale, House of Bepresentatives :
Dear Sir : At your request I have examined, with some care, the " Analytical
Digest of the Military and Naval Laws of the Confederate States," prepared by
Messrs. Lester and Bromwell. It is, in my judgment, a most useful work.
The labor of searching through so many pamphlet copies of the laws, and the
uncertainty, at last, as to whether all the legislation on a particular subject has met
attention, have been an inconvenience long felt by all, and especially by the depart¬
ments and the committees of Congress.
This work has been prepared with diligence, care, and accuracy. All the legisla¬
tion upon the subjects embraced has been collated under appropriate heads, with
marginal notes and references, a table of contents, and a copious index. The
facilities which it furnishes to the departments and committees alone would, in
my opinion, justify its publication at the expense of the government.
I recommend it to the favorable consideration of the committee.
Yery respectfully, your obedient servant,
GEO. DAVIS.
Beport of the Committee on Printing of the House of Bepresentatives, relative to a
Eigest of the Laws of the Confederate States.
Mr. Barksdale, of Mississippi, moved a further suspension of the rule, to enable
him to make a report from the Committee on Printing.
He said the committee had not made a report this session, and there were matters
of importance awaiting the action of the House.
iv
INTRODUCTION.
The rule was suspended, when Mr. Barksdale, from the Committee on Printing,
to whom was referred a resolution of the House inquiring into the practicability of
having printed an analytical digest of the laws of the Confederate States, submit¬
ted the following report:
" That a compilation, after the plan of Brightly, embracing the military and naval
laws of the Confederate States, to the close of the last session of Congress, has been
submitted to them by Captain W. W. Lester, of the Quartermaster-General's depart¬
ment, and William J. Bromwell, Esq., of the Department of State, and that, upon
examination, the work discloses the following features :
"I. All the provisions of law bearing upon a given subject (accompanied with
marginal notes, chapter of the law, number of the section, and date of act) are
collected together, arranged under an appropriate general heading, and properly
subdivided.
"II. Where laws or parts of laws have been amended, modified, repealed, or
extended, they are followed, in all cases practicable, immediately by the laws which
so amend, modify, repeal, or extend them; in all other cases, suitable references and
cross-references are inserted.
" III. Eor greater convenience of reference, and to secure the utmost simplicity
of arrangement, an improvement upon similar works has been adopted of number¬
ing the paragraphs of the work continuously from beginning to end.
"IV. A table of the general divisions of the book, an analysis of contents pre¬
fixed to each division, and a copious index to the whole, as systematic aids to facili¬
tate investigation.
"V. An appendix, comprising the Articles of War, regulations concerning priva¬
teering, and other matter referred to in the body of the work.
" The committee further report that the Digest in question, extended to embrace
the military and naval laws of the present session, can be procured, ready for the
printer, for the moderate sum of twenty-five hundred dollars.
" The committee further report that an alphabetical and analytical Digest on the
same plan, embracing all the laws of Congress up to the close of the present ses¬
sion, can be prepared, ready for printing, for the sum of four thousand dollars."
Mr. Barksdale then reported a bill to authorize the publication of a Digest of the
Laws of the Confederate States.
[The bill above referred to was passed without opposition in the Senate, and by
more than a two-thirds vote in the House.]
TABLE OE CONTENTS.
MILITABY LAWS.
I.—REGULAR ARMY.
I. General Organization.
II. Adjutant and Inspector-General's department.
III. Quartermaster-General's department.
IV. Subsistence department.
V. Medical department.
VI. Cadets.
VII. Military Storekeepers.
VIII. Armories.
IX. Engineers.
X. Artillery.
XI. Cavalry.
XII. Infantry.
XIII. Pay.
XIV. Bounty.
XV. Rations.
XVI. Forage.
XVII. Zouaves.
II.—PROVISIONAL ARMY.
I. Forces in service of the several states ; how received.
II. Militia and military forces of the Confederate States, and 100,000
volunteers for twelve months.
III. Volunteers for the war.
IV. Volunteers for such time as the President may prescribe.
V. 400,000 volunteers for not less than twelve months, nor more than
three years.
VI. Requisition upon the states for troops.
VII. Bounty; furloughs; election of company officers, and other privi¬
leges.
VIII. Recruiting.
IX. Conscription.
X. Camps of Instruction.
XI. Employment of Negroes.
XII. Exemption.
XIII. Rendezvous.
XIV. Local defence and special service.
XV. Quartermaster, Commissary, and Medical departments.
vi
CONTENTS.
XVI. Supplies, clothing, and provisions.
XVII. Transportation.
XVIII. Cooks and nurses.
XIX. Chaplains.
XX. Engineers and engineer troops.
XXI. Artillery.
XXII. Military Storekeepers.
XXIII. Partisan rangers.
XXIV. Sharp-shooters.
XXV. Pikemen.
XXVI. Signal corps.
XXVII. Drill-masters.
XXVIII. Buglers and musicians.
XXIX. Disqualified, disabled, and incompetent officers.
XXX. Invalid corps.
XXXI. Retirement of officers.
XXXII. Drunkenness.
XXXIII. Absence without leave.
XXXIV. Punishment by whipping prohibited.
XXXV. Detailed soldiers and transfer of troops.
XXXVI. Pay and allowances due deceased soldiers.
XXXVII. Military courts.
XXXVIII. Indian troops.
XXXIX. Virginia militia.
XL. Miscellaneous.
III—ARMS AND MUNITIONS.
IV—FLAG.
V—FORTS AND ARSENALS.
VI—HABEAS CORPUS.
VII—HOSPITALS; SICK AND WOUNDED SOLDIERS.
VIII IMPRESSMENTS.
IX—MANUFACTURE OF SALTPETRE AND SMALL-ARMS; AND MINES
FOR THE PRODUCTION OF COAL AND IRON.
X—MISSOURI.
XI—NATURALIZATION.
XII—NITRE AND MINING BUREAU.
XIII— NORTH CAROLINA.
XIV—PRESIDENT.
XV—PRISONERS OF WAR.
XVI—PRODUCTION OF PROVISIONS.
XVII—PROPERTY DESTROYED.
XVIII—RETALIATION.
XIX—SLAVES.
XX—SOUTH CAROLINA.
XXI—TAXES.
I. Tax in kind—act of April 24, 1863.
CONTENTS.
vii
II. Tax in kind—act of February 17, 1864.
III. Exemptions from taxation.
XXII.—WAR DEPARTMENT.
NAVAL LAWS.
XXIII.—NAVY DEPARTMENT.
XXIV.—REGULAR NAVY.
I. Officers.
II. Marine corps.
III. Seamen.
IV. Gunboats and vessels of war.
V. Miscellaneous provisions.
XXV.—PROVISIONAL NAVY.
XXVI.—VOLUNTEER NAVY.
XXVII.—MARITIME LAW.
XXVIII.—PRIVATEERS AND PRIZES.
XXIX.—MARINE HOSPITALS.
XXX.—NATURALIZATION.
XXXI.—PRE SIDENT.
XXXII.—PRISONERS OF WAR.
XXXIII.—RETALIATION.
APPENDIX.
Clauses of the Constitution relating to military and naval affairs.
Articles of War.
United States laws relating to Ordnance department.
Salaries.
President's instructions to private armed vessels.
Act to perpetuate testimony in cases of slaves abducted or harbored by the enemy,
etc., etc.
MILITARY LAWS.
I.—REGULAR ARMY.
I. General Organization.
1. General staff.
2. Staff officers ; when to assume command.
3. How appointed.
4. Military establishment.
5. Brigadier-generals.
6. Additional brigadier-generals.
7. " Generals."
8. Officers ; how appointed. Period of enlistment of rank and file.
9. Examination of officers.
10. Vacancies; how filled. Brigadier-generals; how appointed.
11. Meritorious non-commissioned officers.
12. Duties of officers. Regulations.
13. Rules and Articles of War.
14. Sixty-fifth Article of War amended.
15. Number of troops to be called into service.
16. Repeal of conflicting laws.
17. Resigned United States officers.
18. Military oath.
19. Repealing clause.
20. Staff duty with volunteers or provisional troops.
21. Amending the foregoing and the act of May 11,1861. Staff appoint¬
ments from civil life.
22. Civilians appointed to staff of generals.
23. Staff of a general at seat of government.
24. Rank and command for service with volunteer troops.
25. Rank and command of officers on duty in certain bureaus.
II. Adjutant and Inspector-General's Department.
26. Officers and rank.
27. Rank changed.
28. Officers increased.
29. Clerical force.
III. Quartermaster-General's Department.
[See XV Prov. Army.]
30. Officers; rank and duties.
31. Organization amended.
32. Rank, pay, etc., of Quartermaster-general.
33. Officers increased.
34. Bonds.
35. Purchase and sale of certain articles prohibited.
36. Clerical force.
37. Additional clerks; compensation.
IV. Subsistence Department.
[See XV Prov. Army.']
38. Officers; rank and duty.
39. Organization amended.
40. Clerical force.
DIGEST OF
Y. Medical Department.
[See JFProv. Army ; also, Hospitals.]
41. Surgeon-general and assistant surgeons.
42. Hospital stewards.
43. Clerk in charge of hospital supplies.
VI. Cadets.
44. Appointment provided for.
VII. Military Storekeepers.
[See 246, I.]
46. Number and pay.
46. Military storekeepers of ordnance.
VIII. Armories.
47. Superintendents; master-armorers.
48. President may increase salaries of master-armorers.
49. Salary of master-armorer at Richmond increased.
IX. Engineers.
[See Engineers Prov. Army.'}
50. Corps organized.
51. Officers of sappers, miners, and pontoniers.
52. Duty of colonel of engineer corps.
53. Corps increased.
54. Company of sappers and bombardiers.
55. Vehicles, arms, pontons, tools, etc.
56. Pay of sappers and bombardiers ; allowances, rations, and forage.
57. Clerical force for Bureau of Engineers.
X. Artillery.
58. Corps organized.
59. Officers increased.
60. Quartermaster's sergeants and ordnance sergeants.
61. Number of ordnance sergeants increased.
XI. Cavalry.
[See Infantry, 61.]
62. Regiment organized.
63. Cavalry increased. Additional infantry.
XII. Infantry.
[See Cavalry, 57.]
64. Regiments organized.
65. Company sergeants increased.
66. Ensign.
XIII. Pay.
67. Brigadier-generals. Aides-de-camp.
68. Officers of corps of engineers.
69. Officers of artillery.
70. Officers of infantry.
71. Officers of cavalry.
72. General staff. Surgeon-general, surgeons, assistant surgeons.
73. Additional pay.
74. Forage, fuel, etc. Commutation, mileage.
75. Enlisted men.
76. Armorers, carriage-makers, etc., for ordnance service.
77. Cadets.
MILITARY LAWS.
13
XIY. Bounty.
78. Of ten dollars.
XY. Rations.
79. One ration per day. Clothing.
80. In kind; commutation.
XYI. Forage.
81. In time of war. In time of peace. Servants.
82. To aides-de-camp and adjutants.
XYII. Zouaves.
83. Regiment organized. Pay.
I. General Organization.
1. The Congress of the Confederate States of America Feb. 26,i86i
do enact, That from and after the passage of this General staff
act, the general staff of the Army of the Confederate
States shall consist of an Adjutant and Inspector-
General's department, Quartermaster-General's de¬
partment, Subsistence department, and the Medical
department.
2. That the officers of the Adjutant-General's, Quar-
termaster-General's, and Commissary-General's de- whea t0 as'
. 47 sum© com¬
partment, though eligible to command, according to niami.
the rank they hold in the Army of the Confederate
States of America, shall not assume command of
troops, unless put on duty under orders which special¬
ly so direct by authority of the President. The officers
of the Medical dejiartment shall not exercise command
except in their own department.
3. That the staff officers herein provided for shall ibid, §7.
, How ap-
be appointed by the President, by and with the ad- pointed,
vice and consent of the Congress, and shall receive
such pay and allowances as shall be hereafter estab¬
lished by law.
4. That from and after the passage of this act the ^g^®'
military establishment of the Confederate States shall oh. 29.
47 b Military eg-
be composed of one corps of engineers, one corps of tabiishment.
artillery, six regiments of infantry, one regiment of
cavalry, and of the staff departments already establish¬
ed by law.
5. There shall be four brigadier-generals, who shall
be assigned to such commands and duties as the Presi- generals.
14
DIGEST OF
dent may specially direct, and shall be entitled to one
aide-de-camp each, to be selected from the subalterns
of the line of the army, who, in addition to their duties
as aide-de-camp, may perform the duties of assistant
adjutant-general.
March 14, 6. That there shall be added one brigadier-general
1861, \ 2, ch. ° °
4i. to those heretofore authorized by law, and that any
brigadier- one of the brigadier-generals of the Army of the Con-
generais. federate States may be assigned to the duty of adju¬
tant and inspector-general, at the discretion of the
President.
May 16,1861 7. That the five general officers provided by exist-
>• Generals." ing laws [5 and 6] for the Confederate States, shall
have the rank and denomination of u General," instead
of " Brigadier-general," which shall be the highest
military grade known to the Confederate States. They
shall be assigned to such commands and duties- as the
President shall specially direct', and shall be entitled
to the same pay and allowances [67] as are provided
for brigadier-generals, and to two aides-de-camp, to be
selected as now provided by law. Appointments to
the rank of general, after the army is organized, shall
be made by selection from the army.
March 6, 8. All officers of the army shall be appointed by the
1861, j> 9, ch. J 1L J
29. President, by and with the advice and consent of the
Officers how
appointed. Congress, and the rank and file shall be enlisted for a
listment of term not less than three nor more than five years, un-
rank and file
der such regulations as may be established.
ibid,; 10. 9. No officer shall be appointed in the army until he
tion of offi- shall have passed an examination satisfactory to the
cers.
President, and in such manner as he may prescribe,
as to his character and fitness for the service. The
President, however, shall have power to postpone this
examination for one year after appointment, if in his
judgment necessary for the public interest,
ibid, 111. 10. All vacancies in established regiments and corps,
how filled! to and including the rank of colonel, shall be filled by
promotion according to seniority, except in case of
disability or other incompetency. Promotions, to and
including the rank of colonel, shall be made regimen-
tally in the infantry and cavalry; in the staff depart-
MILITARY LAWS.
15
ments, and in the engineers and artillery, according to
corps. Appointments to the rank of brigadier-gen- Brigadier-
eral, after the army is organized, shall be made by howappoint-
selection from the army.
11. The President of the Confederate States is here- ibid, g 12.
Meritorious
by authorized to appoint to the lowest grade of subal- non-commis-
■rxr ° sionedoffi-
tern officers such meritorious non-commissioned offi- cers.
cers as may, upon the recommendation of their colonels
and company officers, be brought before an army board
specially convened for the purpose, and found qualified
for the duties of commissioned officers, and to attach
them to regiments or corps, as supernumerary officers,
if there be no vacancies : Provided, There shall not be
more than one so attached to any one company at the
same time.
12. The officers appointed in the Army of the Con- ibid, g 26.
federate States by virtue of this act shall perform all officers,
military duties to which they may be severally assign¬
ed by authority of the President, and it shall be the
duty of the Secretary of War to prepare and publish
regulations, prescribing the details of every depart- Regulations,
ment in the service, for the general government of the
army, which regulations shall be approved by the
President, and, when so approved, shall be binding.
13. The Eules and Articles of War* established by ibid, §29.
the laws of the United States of America for the gov- Artfcie^of
ernment of the army, are hereby declared to be of War'
force, except that wherever the words "United States"
occur, the words " Confederate States " shall be sub¬
stituted therefor; and except that the Articles of War
numbers sixty-one and sixty-two are hereby abrogat¬
ed, and the following articles substituted therefor :
"Article 61. Officers having brevets or commis¬
sions of a prior date to those of the corps in which
they serve, will take place on courts-martial or of in¬
quiry, and on boards detailed for military purposes,
when composed of different corps, according to the
ranks given them in their brevet or former commis¬
sions, but in the regiment, corps, or company to which
such officers belong, they shall do duty and take rank,
* For Articles of War, see Appendix.
16
DIGEST OF
ed
both in courts and on boards as aforesaid, 'which shall
be composed of their own corps, according to the com¬
mission by which they are there mustered.
" Article 62. If, upon marches, guards, or in quar¬
ters, different corps shall happen to join or do duty
together, the officer highest in rank, according to the
commission by which he is mustered in the army,
navy, marine corps, or militia, there on duty by orders
from competent authority, shall command the whole,
and give orders for what is needful for the service, un¬
less otherwise directed by the President of the Con¬
federate States in orders of special assignment pro-
Feb. 17,1864 viding for the case."
r>» °
14. That the sixty-fifth Article of War* be so amend-
sixty-fifth ed as to read as follows :
war amend- " Article 65. Any general officer commanding an
army, or commanding a force of cavalry not with and
under the immediate command of the commander of
an army, or other officer commanding a separate de¬
partment, may appoint general courts-martial when¬
ever necessary. But no sentence of a court-martial
shall be carried into execution until after the whole
proceedings shall have been laid before the officer or¬
dering the same, or the officer commanding the troops
for the time being : neither shall any sentence of a
general court-martial in time of peace, extending to the
loss of life, or the dismission of a commissioned officer,
or which shall, either in time of peace or war, respect
a general officer, be carried into execution until after
the whole proceedings shall have been transmitted to
the Secretary of War, to be laid before the President
of the Confederate States for his confirmation or dis¬
approval and orders in the case. All other sentences
may be confirmed and executed by the officer ordering
the court to assemble, or the commanding officer for
the time being, as the case may be."
March 6, 15. The President shall call into the service of the
ch?2£p°' Confederate States only so many of the troops herein
troops to be provided for [4] as he may deem the safety of the
called into „ « .
service. Confederacy may require.
* For Articles of War, see Appendix.
MILITARY LAWS.
17
16. All laws or parts of laws of the United States, ^peaifng
which have been adopted by the Congress of the Con- clause,
federate States, repugnant to or inconsistent with this
act, are hereby repealed.
17. That in all cases of officers who have resigned,
or who may within six months tender their resigna- r
tions from the Army of the United States, and who s-officers,
have been or may he appointed to original vacancies
in the Army of the Confederate States, the commissions
issued shall bear one and the same date, so that the
relative rank of officers of each grade shall be deter¬
mined by their former commissions in the United
States army, held anterior to the secession of these
Confederate States from the United States.
18. That every officer, non-commissioned officer, ibid, \ 6.
musician, and private shall take and subscribe the fol¬
lowing oath or affirmation, to wit: " I, A. B., do solemn- Military
ly swear or affirm (as the case may be) that while I oath"
continue in the service I will bear true faith and yield
obedience to the Confederate States of America, and
that I will serve them honestly and faithfully against
their enemies, and that I will observe and obey the
orders of the President of the Confederate States, and
the orders of the officers appointed over me, according
to the Eules and Articles of "War."
19. That all laws and parts of laws militating against ibid, §7.
this act, be and the same are hereby repealed. clause!1118
20. That the President be authorized to assign offi- Mayi6,i86i
cers of the Army of the Confederate States to staff itaffduty
duty with volunteers or provisional trocps, and to con- tee™ °pro-
fer upon them, whilst so employed, the rank corres- troops!1
ponding to the staff duties they are to perform.
21. That the third section of the act entitled "An Aug. 3,1861
act to make further provision for the public defence," Amending
approved May 11, 1861 [113], be amended by striking 11,i86ifj9.
out of said section the words " detailed from the regu¬
lar army •" and further, that the ninth section of the
act entitled "An act to increase the military establish¬
ment of the Confederate States," and to amend the
"act for the establishment and organization of the
Army of the Confederate States of America," approved
2
18
DIGEST OF
May 16, 1861 [20], be amended by adding thereto the
following clause : " And that the President may, in his
discretion, upon the application and recommendation
pointments a major"genera^ or brigadier-general, appoint from
from civil civil life persons to the staff of such officer, who shall
have the same rank and pay as if appointed from the
Army of the Confederate States."
Aug.31,1861 22. That the President may, in his discretion, upon
civilians ap- the application and recommendation of a general of
staff of gen- the Confederate States army, appoint from civil life
61 al8' persons to the staff authorized by law of such officer,
who shall have the same rank and pay as if appointed
from the Army of the Confederate States.
March 25, 23. That whenever the President shall assign a gen-
staff of'a' eral to duty at the seat of government, the said gen-
seateiof gov- eral shall be entitled to the following staff, to wit: A
emment. military secretary, with the rank of colonel; four aides-
de-camp, 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 aides-de-camp shall be the
same as those of officers of cavalry of like grade [71];
and the salaries of the clerks shall not exceed twelve
hundred dollars per annum for eaeh.f Such offices,
office furniture, fuel, and stationery shall be provided
for the said general as the duties of his office may ren¬
der necessary, to be paid for out of the appropriation
for the contingent expenses of the "War department.
May 21,1861 21. That the President shall be authorized to confer
ch. 41. .
Rank and temporary rank and command, for service with volun-
command „
foy service tecr troops, on officers of the Confederate army; the
teertroops, same to be held without prejudice to their positions in
said army, and to have effect only to the extent and
according to the assignment made in general order.
Dec. 3i,i86i 25. That the above entitled act [21] be so amended
ch. 30. , , . , ,
Rank and that, in addition to the power therein granted, the
upon officers President of the Confederate States be and he is here-
certainb'u- by authorized to confer temporary rank and command
ieaus' upon officers of the Confederate army on duty in the
* See " Salaries " in Appendix.
MILITARY LAWS.
19
several bureaus of the Adjutant and Inspector-General,
Chief of Engineers, and Chief of Ordnance, to cease
at the end of the war; the same to be held without
prejudice to the positions in said army.
II. Adjutant and Inspector-General's Depart¬
ment.
26. That the Adjutant and Inspector-General's de- Feb. 26,i86i
partment shall consist of one adjutant and inspector- facers and
general with the rank of colonel,* four assistant ad- rank'
jutants-general with the rank of major, and four
assistant adjutants-general with the rank of captain.
27. That the Adjutant and Inspector-General's de- March 14,
partment shall consist of two assistant adjutants-gen- ^61'§1'ch-
eral with the rank of lieutenant-colonel, two assistant ^nged.
adjutants-general with the rank of major, and four
assistant adjutants-generals with the rank of captain.
28. That the first section of the act entitled "An bet. 8,1862
act for the organization of the staff departments of Officers in-
the Army of the Confederate States of America," ap- cieased-
proved March fourteenth, eighteen hundred and sixty-
one [27], be amended by adding to the Adjutant and
Inspector-General's department one assistant adju¬
tant-general with the rank of colonel.
29. For the Office of the Adjutant-General— Aug.29,is6i
ch. 46.
One clerk at the ratef of twelve hundred dollars per clerical
force.
annum; one clerk at the rate of one thousand dollars
per annum; one clerk at the rate of eight hundred
dollars per annum; for whose payment, from eigh¬
teenth of August, eighteen hundred and sixty-one, to
the eighteenth of February, eighteen hundred and
sixty-two, there is hereby appropriated the sum of
fifteen hundred dollars.
III. Quartermaster-General's Department.
[,See XV Prov. Army, 202 et seq.~\
30. That the Quartermaster-General's department Feb. 26,i86i
shall consist of one quartermaster-general with the Officers;
rank of colonel [32], six quartermasters with the rank duties.
* Brigadier-general may be assigned, 6.
f See " Salaries," in Appendix. For Other clerks, see 555, 557.
ment of assistant adjutants-general for volunteer forces, see 98.
For appoint-
20
DIGEST OF
of major; and as many assistant quartermasters as
may from time to time be required by the service may
be detailed by the War department from the subal¬
terns of the line, who, in addition to their pay in the
line, shall receive twenty dollars per month while
engaged in that service. The quartermasters herein
provided for shall also discharge the duties of pay¬
masters, under such regulations as may be prescribed
by the Secretary of War.
31. That the Quartermaster-General's department
shall consist of one quartermaster-general with the
rank of colonel [32], one assistant quartermaster-gen¬
eral with the rank of lieutenant-colonel, four assistant
quartermasters with the rank of major, and such other
officers in that department as are already provided by
law.
32. That from and after the passage of this act, the
BanbCpay'' rank, pay, and allowances attached to the office of
etc., of quar- Quartermaster-General of the Army of the Confeder-
termaster- ^ J
general. ate States shall be those of a brigadier-general in the
Provisional Army.
May 161861 ^hat there be added to the Quartermaster-Gen-
officershi- eral'8 department one assistant quartermaster-general
creased. with the rank of lieutenant-colonel, and two quarter¬
masters with the rank of major; and to the Commis¬
sary-General's department one assistant commissary
With the rank of major, and one assistant commissary
with the rank of captain; and to the Medical depart¬
ment six surgeons and fourteen assistant surgeons.
34. All officers of the Quartermaster's and Commis-
March 6, in. .
1861, \ 27, sary departments shall, previous to entering on the
Bonds'. duties of their respective offices, give bonds, with good
and sufficient sureties, to the Confederate States, in
such sum as the Secretary of War shall direct, fully to
account for all moneys and public property which
they may receive.
35. Neither the Quartermaster-General, the Commis-
purchase' sary-General, nor any or either of their assistants,
certafn6arti- shall be concerned, directly or indirectly, in the pur-
ited.pr°hlb" chase or sale of any articles intended for, making a
part of, or appertaining to public supplies, except for
and on account of the Confederate States; nor shall
March 14,
1861,13,
ch. 41.
Organiza¬
tion amend¬
ed.
March 20,
MILITARY LAWS.
21
they, or either of them, take or apply to his or their
own use any gain or emolument for negotiating any
business in their respective departments, other than
what is or may be allowed by law [215 to 220].
36. For the Office of the Quartermaster-Gen- Aug.29,i86i
ch 46.
eral three additional clerks at twelve hundred dollars clerical
each per annum,* three additional clerks at one force'
thousand dollars each per annum; for whose pay¬
ment, from eighteenth of August, eighteen hundred
and sixty-one, to the eighteenth of February, eighteen
hundred and sixty-two, there is hereby appropriated
the sum of three thousand and three hundred dollars.
37. That the Secretary of War be and he is hereby April 19,
J . J 1862, ch. 54.
authorized to appoint eight additional clerks in the Additional
Bureau of the Quartermaster-General at the following Compensa-
rates of compensation, to wit :* two at the rate of fif¬
teen hundred dollars per annum, two at the rate of
twelve hundred dollars per annum, and four at the
rate of one thousand dollars per annum: Provided,
that no person now by law subject to military duty
shall be appointed.
IT. Subsistence Department.
[See XV Prov. Army, 202 et sety.]
38. That the Commissary-General's department]- je4b,c2^']®61
shall consist of one commissary-general with the rank Officers;
fftnlr ftQci
of colonel, four commissaries with the rank of captain; duties,
and as many assistant commissaries as may from time
to time be required by the service may be detailed by
the War department from the subalterns of the line,
who, in addition to their pay in the line, shall receive
twenty dollars per month while engaged in that ser¬
vice. The assistant quartermasters and assistant .
commissaries shall be subject to duties in both depart¬
ments at the same time, but shall not receive the ad¬
ditional compensation but in one department.
39. That the Commissary-General's department shall
consistt of one commissary-general with the rank of ch.4'1.
1 J ° Organiza-
tiou amend-
* See " Salaries," in Appendix. For other clerks, see 555, 557. e<^
f Officers to give bonds, 34. Not to be concerned in purchase of supplies, etc.,
except on account of Confederate States, 35, 215, et seq. For additional officers,
see 33.
22
DIGEST OF
colonel, one commissary with the rank of lieutenant-
colonel, one commissary with the rank of major,
and three commissaries with the rank of captain;
and as many assistant commissaries as may from
time to time be required by the service may be de¬
tailed by the War department from the subalterns
of the line, who, in addition to their pay in the line,
shall receive twenty dollars per month while engaged
in that service.
Aug. 29,1861 40. Foe the Office of the Commissary-General,
ch. 46. 7
clerical for two clerks at the rate* of twelve hundred dollars
force.
each per annum; for whose payment, from eighteenth
of August, eighteen hundred and sixty-one, to the
eighteenth of February, eighteen hundred and sixty-
two, there is hereby appropriated the sum of twelve
hundred dollars.
Y. Medical Department.
[.See XV Prov. Army, 202 et seq., also Hospitals, 406
et seq.]
Feb.20,1861, 41. That the Medical department shall consist of
Surgeon- one surgeon-general with the rank of Colonel, four
general and • , , r> i ■
assistant surgeons with the rank 01 major, and six assistant
surgeons;
surgeons with the rank of captain [33]; and as many
assistant surgeons^ as the service may require may be
employed by the Department of War, and receive the
pay [72] of assistant surgeons.
May 16, i86i, 42. That there may be enlisted for the medical de-
? 7, ch. 20. J
hospital partment of the army, for the term already provided
stewards. x -> 7 ° x
by law for other enlisted men, as many hospital stew¬
ards as the service may require, to be determined by
the Secretary of War, under such regulations as he
may prescribe, and who shall receive the pay and
allowances of a sergeant-major [75].
Aug. 2, i86i, 43. That the Secretary of War shall forthwith ap-
ch.7. Clerk
in charge of point a clerk in the office of the Surgeon-General, to
hospital sup cparg6 Qf aq hospital supplies and other articles
which may be contributed for the use of the sick and
wounded, and the same to dispose of, according to
the wishes of the contributors, under the direction of
=" See ''Salaries," in Appendix. For other clerks, see 555, 557.
MILITARY LAWS.
23
the medical department of the army—the salary* of
the said clerk not to exceed one thousand dollars;
and the said clerk shall be authorized, under the direc¬
tion of the Surgeon-General, to procure and fit up a
proper place for the safe-keeping and proper disposal
of the said articles.
YI. Cadets.
44. That until a military school shall be established Mayi6, lsei
for the elementary instruction of officers for the army, Appoint-0'
the President shall be authorized to appoint cadets ^0for!'rovid"
from the several states, in number proportioned to their
representation in the House of Representatives, and
ten in addition, to be selected by him at large from the
Confederate States, who shall be attached to compa¬
nies in service in any branch of the army, as supernu¬
merary officers, with the rank of cadet, who shall
receive the monthly pay of forty dollars [77], and be
competent for promotion at such time and under such
regulations as may be prescribed by the President, or
hereafter established by law.
YII. Military Storekeepers.
[See 280.]
45. That the President be authorized to appoint as Mayie, i86i
1 r § 5, ch. 20.
many military storekeepers, with the pay and allow- Number and
ances of a first lieutenant of infantry [70], as the safe- pay"
keeping of the public property may require, not to
exceed in all six storekeepers.
46. That the President be and he is hereby author- Aug.2i,i86i
J § 2, ch. 34.
ized to appoint, in addition to the storekeepers author- Military
->i -»r • storekeepers
ized by the fifth section oi the act of May sixteen, of ordnance,
eighteen hundred and sixty-one, " for the establish¬
ment and organization of the Army of the jConfeder-
ate States," as many military storekeepers of ordnance,
with the pay and allowances of a captain of infantry
[70], as the safe-keeping of the public property may
require, not to exceed in all four storekeepers, who
shall, previous to entering on duty, give bonds, with
* See "Salaries," in Appendix. For other clerks, see 555 and 557.
24
DIGEST OF
good and sufficient security, in such sums as the Sec¬
retary of War may direct, fully to account for all
m-oneys and public property which they may receive.
Aug. 21,1861
I 3, ch. 34.
Superin¬
tendents.
Master ar¬
morers.
April 19,
1862, ch. 55.
President
may in¬
crease sala¬
ries of mas¬
ter armorers
Jan. 30,1864
ch. 19.
Salary of
master ar¬
morer at
Richmond
increased.
VIII. Armories.
[For enlistment of Master Armorers, etc., etc., for ordnance
service, see 76.]
47. That the President be and he is hereby author¬
ized, whenever in his judgment the interests of the
service may require, and where officers of the army
can not he assigned to these duties, to appoint one or
more superintendents of armories for the fabrication
of small-arms [388 et se<p], whose salary shall not ex¬
ceed two thousand five hundred dollars per annum,
with allowance for quarters and fuel at the rate fixed
for a major in the army. And that the President be
also authorized to appoint two or more master armor¬
ers, with a salary not to exceed fifteen hundred dol¬
lars [48] per annum, with allowance of quarters and
fuel at the rate fixed for a captain in the army.
48. That section third of an act entitled " An act to
increase the corps of artillery and for other purposes,"
approved August 21, 1861 [47], be so amended as to
authorize the President to increase the salaries of
master armorers, or any of them, to a sum not exceed¬
ing two thousand dollars per annum.
49. That the master armorer of the Confederate
States Armory at Richmond, Virginia, shall hereafter
receive a salary of three thousand dollars per annum,
from the time of the passage of this act, with allow¬
ances for quarters and fuel of a captain of infantry.
IX. Engineers.
[&e Engineers Prov. Army, 254.]
March 6, 50. The corps of engineers shall consist of one colo-
ch.29. nel, four majors, five captains, and one company of
Corps organ- . ,
izcd- sappers, miners, and pontoniers, which shall consist of
ten sergeants or master-workmen, ten corporals or
overseers, two musicians, and thirty-nine privates of
the first-class or artificers, and thirty-nine privates of
MILITARY LAWS.
25
the second-class or laborers, making in all one hun¬
dred.
51. The said company shall he officered by one cap- ibid, \ 3.
7. . t 1 • Officers of
tam of the corps of engineers, and as many lieuten- sappers, mi-
ants, to be selected by the President from the line of poutoniers.
the army, as he may deem necessary for the service,
and shall be instructed in and perform all the duties
of sappers, miners, and poutoniers, and shall, more¬
over, under the orders of the Chief Engineer, be liable
to serve, by detachments, in overseeing and aiding la¬
borers upon fortifications or other works under the
Engineer department, and in supervising finished for¬
tifications, as fort-keepers, preventing injury, and mak¬
ing repairs.
52. It shall be the duty of the colonel of the engi- Ibid-2f ,
J & Duty of colo-
neer corps [551, subject to the approval of the Secre- neiof engi-
A ° A x neer corps.
tary of War, to prescribe the number, quantity, form,
dimensions, etc., of the necessary vehicles, arms, pon¬
tons, tools, implements, and other supplies for the ser¬
vice of the said company as a body of sappers, miners,
and pontoniers.
53. That the President be authorized whenever, in Mayi6,i86i
. § 3, cb. 20.
his judgment, the public service may require the in- Corps in¬
crease, to add to the corps of engineers one lieutenant-
coloneb who shall receive the pay and allowances of a
lieutenant-colonel of cavalry, and as many captains,
not exceeding five, as may be necessary.
54. That there be added to the military establish- Mayi7,i86i
§1, ch.28.
ment of the Confederate States one company of sap- company of
JI uv , .j n 4.-4. Sappers and
pers and bombardiers, to consist 01 one captain, two bombardiers
first lieutenants, one second lieutenant, ten sergeants
or master-workmen, ten corporals or overseers, two
musicians, thirty-nine privates of the first-class, and
thirty-nine privates of the second-class, who shall be
instructed in and perform all the duties of sappers and
bombardiers, and shall, moreover, under the orders of
the Chief Engineer, be liable to serve, by detachments,
in overseeing and aiding laborers upon fortifications
or other works under the Engineer department, and in
supervising finished fortifications, as fort-keepers, pre¬
venting injury, and making repairs.
26
DI0EST OF
vehicles, That it shall he the duty of the colonel of the
toMS'toois" engineer corps [52], subject to the approval of the Sec-
etc- retary of War, to prescribe the number, quantity, form,
dimensions, etc., of the necessary vehicles, arms, pon¬
tons, tools, implements, and other supplies for the ser¬
vice of said company as a body of sappers and bom¬
bardiers.
ibid, \ 3. 5g. That the monthly pay of the captain of said com-
Pay of sap- J r J i
persand pany shall be one hundred and forty dollars : of each
bombardiers L ^
first lieutenant, one hundred dollars; of the second
lieutenant, ninety dollars; of the sergeants, thirty-four
dollars ; of the corporals, twenty dollars; of the mu¬
sicians, thirteen dollars; of the first-class privates, sev¬
enteen dollars, and of the second-class privates, thirteen
dollars. And the said commissioned officers shall be
Allowances, entitled to the same allowances as all other commis-
rations, and
forage. sioned officers of the army, and the same right to draw
forage for horses as is accorded to officers of like rank
in the engineer corps; and the enlisted men shall re¬
ceive the same rations and allowances as are granted
to all other enlisted men in the army.
Aug.29,i86i 57. For the Bureau of Engineers—One clerk at*
ch. 16.
Clerical twelve hundred dollars, one clerk, at one thousand
force for the
bureau of dollars, one draughtsman at twelve hundred dollars;
engmeeis. ^ whose payment, from the eighteenth of August,
eighteen hundred and sixty-one, to the eighteenth of
February, eighteen hundred and sixty-two, there is
hereby appropriated the sum of seventeen hundred
dollars.
X. Artillery.
[See XXI Prov. Army, 280 et se<?.]
March 6, 58. The corps of artillery, which shall also be charged
ch?29^°' with ordnance duties, shall consist of one colonel, one
Led.3organ" lieutenant-colonel, ten majors, and forty companies of
artillerists and artificers; and each company shall con¬
sist of one captain, two first lieutenants, one second
lieutenant, four sergeants, four corporals, two musi¬
cians, and seventy privates. There shall also be
one adjutant, to be selected by the colonel from the
See " Salaries " in Appendix. For other clerks, see 555, 557.
MILITARY LAWS.
27
first lieutenants, and one sergeant-major, to be select¬
ed from the enlisted men of the corps. The President
may equip as light batteries, of six pieces each, such
of these companies as he may deem expedient, not
exceeding four in time of peace.
59. That there he added to the corps of artillery, Aug,2i.i86i
Confederate States army, one lieutenant-colonel and Officers id-
two majors, with the pay and allowances authorized
by existing laws for those grades respectively.
60. That there be added to the military establish- May 16, i86i
J ? 6, ch. 20.
ment one quartermaster-sergeant for each regiment Quarter-
. i master-ser-
of cavalry and infantry, and one ordnance-sergeant geantsand
... . . . ordnance-
for each military post, each to receive the pay and sergeants,
allowances of a sergeant-major, according to existing
laws [75].
61. That the number of ordnance-sergeants author-
ized by section six of [60] " An act to increase the
military establishment of the Confederate States," etc., sergeants in-
J ' ' creased.
approved May 16, 1861, be so increased as to provide
one for each regiment of the troops now or hereafter
received in the service.
XI. Cavalry.*
62. The regiment of cavalry shall consist of one
colonel, one lieutenant-colonel, one major, and ten com- ^he'g^ent
panies, each of which shall consist of one captain, one organized,
first lieutenant, two second lieutenants, four sergeants,
four corporals, one farrier, one blacksmith, two musi¬
cians, and sixty privates. There shall also be one ad¬
jutant and one sergeant-major, to be selected as afore¬
said.
63. That the President shall be authorized to raise Mayie,i86i
2 1, ch. 20.
and organize, in addition -to the present military es- cavalry in-
.... . . n t • crease<L Ad-
tablishment, one regiment of cavalry and two regi- ditionai in-
' , i fen try.
ments of infantry, whenever in his judgment the pub¬
lic service may require such an increase, to be organ¬
ized in accordance with existing laws for the organi¬
zation of cavalry and infantry regiments, and to be
* Tor quartermaster-sergeants, see 60. For allowance for use of horses, and
compensation for horses killed in action, see 95.
28
digest of
March 6,
1861, § 3,
ch. 29.
Regiments
organized.
Aug. 21,1861
§ 5, ch. 34.
Company
sergeants in¬
creased.
Feb. 17,1864
ch. 76.
Ensign.
March 6,
1861, 113,
ch. 29.
Brigadier-
general.
Aide-de¬
camp.
Ibid, ? 14.
Officers of
corps of en¬
gineers.
entitled to the same pay and allowances provided for
the same respectively.
XII. Infantry.*
64. Each regiment of infantry shall consist of one
colonel, one lieutenant-colonel, one major, and ten com¬
panies; each company shall consist of one captain,
one first lieutenant, two second lieutenants, four ser¬
geants, four corporals, two musicians, and ninety pri¬
vates ; and to each regiment there shall be attached one
adjutant, to be selected from the lieutenants, and one
sergeant-major, to be selected from the enlisted men
of the regiment.
65. That hereafter there shall be allowed one addi¬
tional sergeant to each company in the service of the
Confederate States, making, in all, five sergeants per
company, who shall receive the same pay and allow¬
ances as are provided by existing laws for that grade
[75].
66. That there shall be appointed by the President,
to each regiment of infantry in the Army of the Con¬
federate States, an officer to be known as " Ensign,"
with the rank, pay, and allowances of a first lieuten¬
ant [70], whose duty it shall be to bear the colors of
the regiment, but without right to command in the
field.
XIII. Pay.]"
67. The pay of a brigadier-general shall be three
hundred and one dollars per month. The aide-de¬
camp of a brigadier-general, in addition to his pay
as lieutenant, shall receive thirty-five dollars per
month.
68. The monthly pay of the officers of the corps of
engineers shall be as follows: of the colonel, two hun-
* For two additional regiments, see 63.
f For pay of officers of sappers and bombardiers, see 56.
For additional pay to subalterns of the line acting as assistant quartermasters,
see 30.
For additional pay to subalterns of the line acting as assistant commissaries,
see 38.
For pay of armorers, etc., see 47 et seq.
For pay and allowances due deceased soldiers, see 338 et seq.
For pay of Zouaves, soe 83. Of engineers and engineer troops, 265 et seq.
MILITARY LAWS.
29
dred and ten dollars; of a major, one hundred and
sixty-two dollars; of a captain, one hundred and forty
dollars; lieutenants serving with the company of sap¬
pers and miners shall receive the pay of cavalry offi¬
cers of the same grade [71, 265, 276].
69. The monthly pay of the colonel of the corps of officers1^
artillery shall be two hundred and ten dollars; of a artillery,
lieutenant-colonel, one hundred and eighty-five dol¬
lars; of a major, one hundred and fifty dollars, and
when serving on ordnance duty, one hundred and
sixty-two dollars; of a captain, one hundred and thirty
dollars; of a first lieutenant, ninety dollars; of a sec¬
ond lieutenant, eighty dollars; and the adjutant shall
receive, in addition to his pay as lieutenant, ten dol¬
lars per month. Officers of artillery serving in the
light artillery, or performing ordnance duty, shall re¬
ceive the same pay as officers of cavalry of the same
grade.
70. The monthly pay of the officers of the infantry ibidem
shall be as follows: of a colonel, one hundred and infantry,
ninety-five dollars; of a lieutenant-colonel, one hun¬
dred and seventy dollars; of a major, one hundred
and fifty dollars; of a captain, one hundred and thirty
dollars; of a first lieutenant, ninety dollars; of a sec¬
ond lieutenant, eighty dollars; the adjutant, in addi¬
tion to his pay as lieutenant, ten dollars.
71. The monthly pay of the officers of the cavalry ibid, \ 17.
shall be as follows: of a colonel, two hundred and ten cavalry,
dollars; of a lieutenant-colonel, one hundred and
eighty-five dollars; a major, one hundred and sixty-
two dollars; a captain, one hundred and forty dol¬
lars; a first lieutenant, one hundred dollars; a second
lieutenant, ninety dollars; the adjutant, ten dollars
per month, in addition to his pay as lieutenant.
72. The pay of the officers of the general staff, ex- Qb6id'?j8-t
cept those of the medical department, shall be the
same as that of officers of cavalry of the same grade.
The Surgeon-G-eneral shall receive an annual salary of Surgeou-
three thousand dollars, which shall be in full of all geueral-
pay and allowances, except fuel and quarters. The
monthly pay of a surgeon of ten years' service in that Surgeons.
30
DIGEST OF
Assistant
surgeons.
Ibid, \ 19.
Additional
pay.
Ibid, \ 20.
Forage,
fuel, etc.
Commuta¬
tion.
Mileage.
Ibid, 0 22
Enlisted
men.
grade, shall be two hundred dollars; a surgeon of less
than ten years' service in that grade, one hundred and
sixty-two dollars; an assistant surgeon of ten years'
service in that grade, one hundred and fifty dollars;
an assistant surgeon of five years' service in that
grade, one hundred and thirty dollars; and an assist¬
ant surgeon of less than five years' service, one hun¬
dred and ten dollars.
73. There shall be allowed, in addition to the pay
hereinbefore provided, to every commissioned officer,
except the Surgeon-General, nine dollars per month
for every five years' service; and to the officers of the
Army of the United States, who have resigned or may
resign to be received into the service of the Confeder¬
ate States, this additional pay shall be allowed from
the date of their entrance into the former service.
There shall also be an additional monthly allowance
to every general officer commanding in chief a sep¬
arate army actually in the field, of one hundred dol¬
lars.
74. The pay of officers, as hereinbefore established,
shall be in full of all allowances, except forage, fuel,
quarters, and travelling expenses while travelling
under orders. The allowance of forage, fuel, and
quarters shall be fixed by regulations, and shall be
furnished in kind, except when officers are serving at
stations without troops where public quarters can not
be had, in which case they may be allowed, in lieu of
forage, eight dollars per month for each horse to which
they may be entitled, provided they are actually kept
in service and mustered, and quarters may be com¬
muted at a rate to be fixed by the Secretary of War,
and fuel at the market price, delivered. An officer
when travelling under orders shall be allowed mileage
at the rate of ten cents per mile.
75. The monthly pay of the enlisted men of the
Army of the Confederate States shall be as follows:
That of a sergeant or master-workman of the engi¬
neer corps, thirty-four dollars; that of a corporal or
overseer, twenty dollars; privates of the first-class or
artificers, seventeen dollars; and privates of the sec-
MILITARY LAWS.
31
ond-class or laborers, and musicians, thirteen dollars.
The sergeant-major of cavalry, twenty-one dollars ;
first sergeants, twenty dollars; sergeants, seventeen
dollars; corporals, farriers, and blacksmiths, thirteen
dollars; musicians, thirteen dollars; and privates,
twelve dollars. Sergeants-major of artillery and in¬
fantry, twenty-one dollars; first sergeants, twenty
dollars each; sergeants, seventeen dollars; corporals
and artificers, thirteen dollars; musicians, twelve dol¬
lars; and privates eleven dollars each. The non-com¬
missioned officers, artificers, musicians, and privates
serving in light batteries shall receive the same pay
as those of cavalry.
76. The President shall be authorized to enlist as ibid, §23.
Armorers,
many master armorers, master carriage-makers, mas- carriage-
ter blacksmiths, armorers, carriage-makers, black- for ordnance
smiths, artificers, and laborers, for ordnance service, service*
as he may deem necessary, not exceeding in all one
hundred men, who shall be attached to the corps of
artillery. The pay of a master armorer, master car¬
riage-maker, master blacksmith, shall be thirty-four
dollars per month; armorers, carriage-makers, and
blacksmiths,- twenty dollars per month; artificers,
seventeen dollars, and laborers, thirteen dollars per
month.
77. That the pay of cadets in the service of the Oct.13,1862
1 J ch. 84.
Confederate States shall be the same as second lieu- Cadets,
tenants of the arm of service to which they are at¬
tached [44].
XIV. Bounty.
[See Bounty, etc., Prov. Army, 125 et seq.; also Privateers
and Prizes, 666, 670.]
78. There shall be allowed and paid to every able- Mayi6,i86i
itt i. T • ? 1°' ch. 20.
bodied man who shall be duly enlisted to serve m the Oftendoi-
lars.
Army of the Confederate States, a bounty of ten dol¬
lars ; but the payment of five dollars of the said
bounty shall be deferred until the recruit shall have
been mustered into the regiment in which he is to
serve.
32 digest of
XV. Kations.*
[For Hospital Rations, see 11 Hospitals" 416 et seq.~\
i86ich§24 enlisted man of the Army of the Confeder-
ch. 29. one ate States shall receive one ration per day, and a
ration per x .
day. cloth- yearly allowance of clothing, the quantity and kind
ins' of each to he established by regulations from the War
department, to he approved by the President.
inkild25' 80. Bations shall generally be issued in kind; but
Commuta- under circumstances rendering a commutation neces-
tion. °
sary, the commutation value of the ration shall be
fixed by regulations of the War department, to be
approved by the President.
XYI. PoRAGE.f
81. In time of war, officers of the army shall be en¬
titled to draw forage for horses according to grade,
as follows: A brigadier-general, four; the adjutant
and inspector-general, quartermaster-general, commis-
sary-general, and the colonels of engineers, artillery,
infantry, and cavalry, three each; all lieutenant-
colonels and majors, and captains of the general staff,
engineer corps, light artillery and cavalry, three
each; lieutenants serving in the corps of engineers,
lieutenants of light artillery and of cavalry, two each.
In time of peace: general and field-officers, three;
officers below the rank of field-officers in the general
staff, corps of engineers, light artillery and cavalry,
two : Provided, in all cases, that the horses are actually
officers not kept in service and mustered. No enlisted man in
to employ *
enlisted men the service of the Confederate States shall be em-
as servants.
ployed as a servant by any officer of the army.
May21, i86i 82. That the twenty-first section [81] of the act for
To'aCides3-de- the organization of the Army of the Confederate
adjutants. States be so amended as to allow to aides-de-camp
and to adjutants forage for the same number of horses
* Officers of army and navy entitled to draw one ration. See 238.
Officers not allowed to purchase more than one ration a day. See 239.
For allowance of tobacco ration, see 241.
f Chaplains entitled to draw forage, 253.
Officers not on service in the field, under rank of brigadier-general, to draw
forage for only one horse. See 240.
March 6,
1861. i 21,
ch. 29.
In time of
war.
In time of
peace.
MILITARY LAWS.
33
as allowed to officers of the same grade in the mount¬
ed service.
XYII. Zouaves.
83. That there shall be added to the military estab- May 4,1861
lishment of the Confederate States one regiment of Regiment
organized.
Zouaves, to be composed of one colonel, one lieutenant-
colonel, one major, and ten companies; and each
company shall consist of one captain, one first lieuten¬
ant, two second lieutenants, one sergeant-major, one
quartermaster's sergeant, four sergeants and eight
corporals, and ninety privates. And to the regiment
there shall be attached one adjutant and a quarter¬
master, to be selected from the lieutenants. And one
assistant surgeon shall be appointed for the regiment,
in addition to those already authorized by law for the
medical department. The monthly pay of the officers Ray.
of the regiment of Zouaves shall be the same as that
of officers of infantry of the same rank; the allow¬
ances shall also be the same as those provided by
law for officers of infantry; and the adjutant and
quartermaster shall receive ten dollars per month
in addition to their pay as lieutenants. The monthly
pay of the enlisted men of said regiment of Zouaves
shall be as follows : sergeant-major and quartermas¬
ter's sergeants, twenty dollars; sergeants, seventeen
dollars; corporals, thirteen dollars, and privates,
eleven dollars each ; together with the same rations
and allowance for clothing as are received by all other,
enlisted men.
II.—PROVISIONAL ARMY.
I. Forces in Service op the several States; How Received.
84. For not less than twelve months, unless sooner discharged.
85. By companies, battalions, or regiments.
86. Pay and allowances.
87. Troops tendered by the governors of states.
II. Militia and Military Forces op the Confederate States, and
100,000 Volunteers for twelve months.
88. President authorized to employ the militia, military, and naval
forces of the Confederate States.
3
DIGEST OF
89. Militia to serve for six months.
90. Term of militia service not to apply to men furnished by the states
for three years or the war.
91. Volunteers; how accepted.
92. Organization. Appointment of commanding officers of brigades
and divisions.
93. Organization amended. Lieutenant-generals.
94. Organization further amended.
95. Pay and allowances. Horses killed in action.
96. Battalion officers. Additional second lieutenant to each company.
Number of privates to a company.
97. Two field-officers for each battalion of six companies.
98. Assistant adjutants-general.
III. Volunteers for the War.
99. President authorized to receive additional volunteers.
100. How accepted. Officers.
101. Vacancies.
102. Forces ; how organized.
103. Subaltern of the line assigned as adjutant.
104. Volunteers accepted singly.
105. Officers ; how appointed and chosen.
106. Vacancies in the ranks may be filled by volunteers. Recruiting.
Transportation, subsistence, and bounty.
107. Officers appointed to raise troops. Muster, pay, etc., of troops.
108. Commissions of officers whose commands are fully organized.
109. Volunteers from states and districts in occupation of the enemy.
110. Appointment of major and brigadier-generals and other officers.
IV. Volunteers for such time as the President mat prescribe.
111. Preamble. Reception of troops.
112. How organized. Allowances. Service. Enlistment from states
not of the Confederacy.
113. Commissions of officers. Supernumerary officer to each company.
V. 400,000 Volunteers for not less than twelve months, nor more
than three years.
114. Militia, military, and naval forces of the Confederate States to be
employed. 400,000 volunteers for not less than twelve months,
nor more than three years.
115. How organized. Pay and allowances.
116. Act; how construed.
117. Companies with less than the minimum number of men.
VI. Requisition upon the States for Troops.
118. Troops for three years or the war.
119. How proportioned among the states.
VII. Bounty; Furloughs; Election of Company Officers, and
other Privileges.
120. Bounty for those serving three years or for the war.
121. Furloughs and transportation. Commutation.
122. Troops entitled to the benefit of the aot.
123. Reorganization of companies. Election of officers. Vacanoies.
State troops in Confederate States service.
124. Provisions of Bounty act extended.
125. Date of rank of certain officers,
126. Bounty ; when payable.
127. Bounty due deceased and discharged soldiers.
128. Bounty of one hundred dollars.
MILITARY LAWS.
VIII. Recruiting.
129. For three years or the war.
130. Detail of officers.
131. Companies in service for twelve months. Election of officers. Pro¬
motion.
132. Detail of officers. Bounty, etc.
133. Regiments, etc., reorganized.
134. Companies organized by re-enlisted twelve months' volunteers.
135. When companies may be united.
136. Rules.
137. Officers to raise volunteers from Kentucky, Missouri, Maryland, or
Delaware.
138. Recruiting stations for volunteers from Kentucky, Missouri, Mary¬
land, apd Delaware.
139. Officers to raise and command companies of such volunteers.
140. Organization of companies.
141. Compensation to recruits.
142. Maryland Line.
IX. Conscription.
143. Preamble. All white men between eighteen and thirty-five years
of age. Continuance in service of those now in the army. Re¬
organization of companies, etc. Furloughs. Commutation.
All under eighteen and over thirty-five, now enrolled.
144. All white men between the ages of thirty-five and' forty-five. Who
to be first called out. Disposition of those called into service.
Suspension of this act and that of April 16, 1862, in certain
localities.
145. Enrolment of conscripts wherever found. State military organi¬
zations. Suspension of this act in certain localities.
146. Companies, etc., in process of organization.
147. Officers to make enrolment.
148. Assignment of persons enrolled.
149. Seamen, transfer of.
150. Idem.
151. Reserves. When subject to the Rules and Articles of War. Re¬
serves, when to be called into the service; organization; elec¬
tion of officers.
152. Bounty.
153. Private arms to be paid for.
154. Substitutes.
155. Substitute system abolished.
156. Principals liable to service.
157. Vacancies; how filled.
158. Idem.
159. Election of officers of regiments composed of twelve months and
war companies combined.
160. Rank and file to each company.
161. Privilege of volunteering.
162. Regiments or battalions organized prior to October 1, 1862.
163. Regiments or battalions organized of conscripts in states west of
the Mississippi river.
164. To elect their officers.
165. Infantry raised prior to December 1, 1862, in Middle and West
Tennessee.
166. Of all white men between seventeen and fifty.
167. Present organization to be preserved.
168. Persons heretofore discharged. Persons who have furnished sub¬
stitutes.
169. Time and places of enrolment.
170. Voluntary organizations. Rendezvous.
171. Failure to attend at rendezvous.
172. Employees of Quartermaster and Commissary departments, etc.
173. Penalty for violating provisions of foregoing section.
DIGEST OF
174. Details.
175. Local boards of surgeons.
X. Camps of Instruction.
176. Established.
XI. Employment of Negroes.
177. Male free negroes. Rations, clothing, and compensation. Ex¬
emptions.
178. Male negro slaves. Rations, clothing, and wages. In case of loss
of slave.
179. "When male slaves may be impressed.
XII. Exemption.
180. "What persons are exempted.
181. Officers of the Confederate and State governments. State troops.
Railroad, telegraph, and boat employees. Printers and pub¬
lishers of newspapers. Ministers of religion and others. Phy¬
sicians. Mechanics. Proviso. Superintendents of hospitals
and others. Apothecaries. Teachers. Employees for the
manufacture of arms, etc. Proviso. Shipbuilders. Miners
of salt, iron, and lead. Stock-raisers. Owners or overseers
• on plantations of twenty negroes. Duration of exemptions.
182. Repeal of Exemption act of April 21, 1862.
183. Repeal of so much of the act of October 11, 1862, as relates to the
exemption of persons on plantations.
184. For the police and management of slaves.
185. For the production of grain and provisions.
186. State officers exempted by the governor.
187. Mail contractors.
188. Drivers of mail-coaches, etc.
189. Repeal of former laws. "Who exempt from service. Persons unfit
for service. Certain Confederate and State officers. Ministers
of religion, editors, etc., etc. Overseers, etc. Exemption or
details for production of grain or provisions. Officers and em¬
ployees of certain railroad companies. Mail contractors.
XIII. Rendezvous.
190. For examination of persons enrolled.
191. Board of examination.
192. Absence of enrolled persons on account of sickness.
XIV. Local Defence and Special Service.
193. Defence of exposed localities.
194. Muster-roll to set forth the services. Pay.
195. How organized. Field-officers.
196. Companies composed of persons not liable to military duty. Mus¬
ter-roll. Persons of any age in certain states may form part
of such companies. Oath of allegiance.
197. Armed vessels for seaboard and general defence.
198. Corps for service on the western waters.
199. Floating defences for Mississippi river.
200. Appropriation for defence of Bay of Mobile.
201. Corps for defence of Bay of Mobile and Alabama river.
XV. Quartermaster, Commissary, and Medical Departments.
202. Appointment of additional officers for service with militia or vol¬
unteers.
203. Additional quartermasters and commissaries for permanent posts
and depots.
MILITARY LAWS.
204. Persons liable to military service not to be appointed as clerks.
Details for service.
205. Date of rank and pay.
206. Settlement of claims.
207. Surgeons for hospitals.
208. Office of regimental commissary abolished.
209. Commissary-sergeants.'
210. Supplies; how drawn by regimental quartermasters acting as com¬
missaries.
211. Sales; how to be made.
212. Quartermasters and commissaries permanently detached.
213. Orders to be issued by Secretary of War.
214. Repeal of conflicting laws.
215. Public moneys not to be invested in property on private account,
nor loaned.
216. Officers not to traffic nor speculate in articles of food, clothing,
materials of war, etc.
217. Receipts in blank prohibited. What receipts shall state.
218. Transportation of private property.
219. Penalty on conviction before a court-martial or military court.
220. Indictment, fine, and imprisonment. Civil remedy. Peace officers
to have power of commitment. Charge to grand juries.
XVI. Supplies, Clothing, and Provisions.
221. Volunteers to furnish their own clothing.
222. Money in lieu of clothing.
223. Twenty-one dollars in lieu of six months' clothing. Price of cloth¬
ing received, to be deducted.
224. Clothing to be furnished to the entire forces of the Confederate
States. Clothing furnished by the states to be paid for.
225. Clothing ; when furnished by the troops.
226. Law providing commutation for clothing. Repealed. Clothing
in kind.
227. Importation of machinery and materials for manufacture of cloth¬
ing or shoes.
228. Machinery may be worked, or leased, or sold.
229. Privileges extended to companies or individuals.
230. Color and quality of clothing.
231. Detail of persons for manufacture of shoes.
232. Pay.
233. Militia; commutation for clothing.
234. Claims for commutation ; how settled.
235. Purchase of steamer, and supplies of leather, shoes, etc.
236. Bread in lieu of flour. Fresh vegetables.
237. Private contributions.
238. Rations to officers.
239. Purchase of clothing and cloth.
240. Limitation as to forage.
241. Rations of tobacco for enlisted men.
XVII. Transportation.
242. Mileage in lieu of travelling pay, subsistence, forage, and undrawn
clothing. Proviso.
243. For persons to whom furloughs have been allowed.
XVIII. Cooks and Nurses.
244. Employment of.
245. Appropriation.
246. Cooks for the use of companies ; their duties.
247. Cooks may be white or black, free or slave. Pay.
XIX. Chaplains.
248. Appointment of.
249. Pay.
DIGEST OF
250. Pay reduced.
251. Rations.
252. Pay and rations.
253. Forage allowed.
XX. Engineers and Engineer Troops.
254. Appointment, rank, pay, and emoluments of officers of engineers.
255. Additional officers.
256. Number of officers in each grade limited.
257. Additional officers.
258. One company of engineer troops for each division of infantry.
259. Of what to consist.
260. Commissioned officers. Original vacancies; how filled.
261. Organization into regiments. Field and staff officers. Original
vacancies; how filled.
262. Pontoniers.
263. "Wagons, pontons, tools, arms, etc.
264. Vacancies in established regiments; how filled.
265. Pay of officers.
266. Pay of enlisted men.
267. Mounted troops.
268. Quartermaster's sergeants.
269. One company of troops from every twelve regiments of infantry.
270. Of what to consist.
271. Commissioned officers. Original vacancies.
272. Organization into regiments.
273. Pontoniers.
274. Wagons, pontons, arms, etc.
275. Vacancies in established regiments.
276. Pay of officers.
277. Of enlisted men.
278. Mounted troops.
279. Transfer of troops.
XXI. Artillery.
2$0. Light artillery.
281. Heavy artillery.
282. All companies of light and heavy artillery.
283. Officers of artillery.
284. Officers increased. Ordnance duties.
285. Officers further increased for ordnance duties.
XXII. Military Storekeepers op Ordnance.
286. Appointment, number, and pay.
287. First-class to give bonds. Eligibility.
288. Number increased.
XXIII. Partisan Rangers.
289. Officers to form bands of partisan rangers.
290. Pay, rations, etc., of partisan rangers.
291. Arms and munitions of war captured.
292. Former act repealed. Cavalry.
293. Merged into army organization.
294. Certain companies excepted.
XXIV. Sharp-shooters,
295. Battalion for each brigade. How armed and organized. Officers.
296. Arms; whence obtained.
XXV. Pikemen.
297. Organization.
298. To serve as infantry. Vacancies in the companies armed with fire¬
arms.
299. Copies of this act to be furnished to every general.
MILITARY LAWS.
XXVI. Signal Corps.
300. Corps organized.
301. Corps increased.
XXVII. Drill-Masters.
302. Preamble. Honorable discharge.
303. For camps of instruction and reserve forces.
XXVIII. Buglers and Musicians.
304. Appointment of.
305. Pay of colored musicians.
XXIX. Disqualified, Disabled, and Incompetent Officers.
306. Examining board. Duties.
307. Decisions of the board and report of its proceedings.
308. Secretary of War's approval. President's authority.
309. Monthly reports of the conduct of commissioned officers.
310. Vacancies; how filled, where officers are dropped or honorably re¬
tired.
XXX. Invalid Corps.
311. Retirement or discharge of persons disabled by service.
312. Examination before medical board.
313. Periodical examination.
314. Assignment to suitable duty.
315. Rules.
316. Vacancies.
317. Act to be enforced.
XXXI. Retirement of Officers.
318. When incompetent or without commands.
XXXII. Drunkenness.
319. Penalty for.
320. Report of cases. Trial.
321. Findings of courts.
322. Jurisdiction conferred on military courts and general courts-
martial.
323. Any citizen may report violations of the act.
324. Intemperate habits. Penalty.
XXXIII. Absence without Leave.
325. Soldiers absent without leave not to receive pay.
326. Length of absence to be stated on pay and muster-rolls, and pay
for such time to be deducted.
327. Officers to certify on honor as to absence. Certificate of com¬
manding officers of companies.
238. As to other penalties.
XXXIV. Punishment by Whipping Prohibited.
329. Soldiers not to be punished by whipping.
330. Article of War "twenty" amended.
XXXV. Detailed Soldiers and Transfer of Troops.
331. Pay as clerks increased to one dollar per day.
332. Pay increased to three dollars per day in lieu of rations and al¬
lowances.
DIGEST OF
333. Duration of the act.
334. Extended.
335. Increase of pay.
336. Transfer of troops to regiments from their own states.
337. Transportation.
XXXYI. Pay and Allowances due Deceased Soldiers.
338. To whom payment shall be made.
339. Mode of payment.
340. When payment may be made without producing pay-roll.
341. Claims of deceased commissioned officers.
342. Clerks to assist in settling claims.
343. Clerks to be employed for twelve months.
344. Employment continued until otherwise provided by Congress.
345. State agents.
XXXVII. Military Courts.
346. One to each army corps. To consist of three members. Judge
Advocate.
347. Provost marshal and clerk. Oath of members and officers of the
court.
348. Rules of court.
349. Jurisdiction of each court.
350. Courts shall attend the army. Decisions and sentences.
351. Appointments during recess of Senate.
352. Additional military court in each department.
353. One in North Alabama.
354. Additional courts for divisions of cavalry, and for each state.
355. When two or more army corps are united. Jurisdiction.
356. Assignment and transfer of members and officers.
357. Jurisdiction extended.
358. Transfer of judges.
359. Act; when to take effect.
360. Eield-officers may be detailed as members.
361. Summons of witnesses. Penalty for disobeying summons.
362. Pay for attendance on court.
XXXVIII. Indian Troops.
363. Payment for services. Allowance in-lieu of clothing; to whom
paid.
364. Accounts of acting commissaries and quartermasters of said
troops; how to be settled.
365. Articles furnished by Jones and Thebo and R. M. Jones.
XXXIX. Virginia Militia.
366. Compensation allowed officers for period of actual service.
367. Certificates of service required.
368. Pay of staff officers.
369. No payments to be made in certain cases.
XL. Miscellaneous.
370. Twenty general officers.
371. General for trans-Mississippi department.
372. Additional lieutenant-generals.
373. Rank; how long to continue.
374. Adjutants of regiments and legions of the grade of subaltern.
375. Adjutants for battalions of the grade of subaltern.
376. Minors may be commissioned.
377. Officers or soldiers elected to certain civil offices.
378. Loss of muster-rolls. Proof of service.
379. Oath to enable sick and other soldiers to receive pay.
MILITARY LAWS.
41
380. Army intelligence-office.
381. Medals and badges.
382. Promotion for peculiar value or skill.
383. Repeal of conflicting laws.
384. Cavalry equipments.
385. Horses of, purchased by order of Colonel Angus W. McDonald.
386. Procuring or enticing soldiers to desert. Purchase of arms,
clothing, etc., from soldiers.
387. Officers or privates to be paid for performance of staff duty.
I. Forces in Service op the several States ; How
Received.
84. That the President be authorized to receive in- Peb. 28, i86i
to the service of this government such forces now in For not less
the service of said states as may be tendered or who months, un-
may volunteer, by consent of their state, in such num- discharged,
bers as he may require, for any time not less than
twelve months, unless sooner discharged.
85. That such forces may be received, with their ibid, j> 4.
officers, by companies, battalions, or regiments, and p^°batfai-
when so received shall form a part of the Provis- ment°.r reg'
ional Army of the Confederate States, according to the
terms of their enlistment; and the President shall
appoint, by and with the advice and consent of Con¬
gress, such general officer or officers for said forces as
may be necessary for the service.
86. That said forces, when received into the service ibid, gs.
of this government, shall have the same pay and al- k>wanceSal
lowances as may be provided by law for volunteers
entering the service, or for the Army of the Confed¬
erate States [67 to 77], and shall be subject to the
same rules and government.
87. That the President be and he is hereby author- April 21,
ized to accept the services of any companies, squad- Troops ten-
rons, battalions, or regiments which have been organ- governors^
ized and are now in service under the authority of any
of the states of the Confederacy, and which may be
tendered by the governors of said states, with an or¬
ganization conforming to the act of March sixth, A.D.
eighteen hundred and sixty-one, " to provide for the
public defence " [91, 92, 95, 96],
42
DIGEST OF
March 6,
1861, § 1,
ch. 26.
President
authorized
to employ
the militia,
military and
naval forces
of the Con¬
federate
States.
Volunteers
for twelve
months.
Ibid, g 2.
Militia to
serve for six
months.
Jan. 29,1862
ch. 58.
Term of
militia ser¬
vice not to
apply to men
furnished by
the states
for three
years or the
war.
March 6,
1861, $ 5,
ch. 26.
Volunteers ;
how accept¬
ed.
II. Militia* and Military Forces oe the Confeder¬
ate States, and 100,000 Volunteers for twelve
months.
88. That in order to provide speedily forces to repel
invasion, maintain the rightful possession of the Con¬
federate States of America in every portion of terri¬
tory belonging to each, state, and to secure the public
tranquillity and independence against threatened as¬
sault, the President be and he is hereby authorized
to employ the militia, military, and naval forces of the
Confederate States of America, and to ask for and
accept the services of any number of volunteers,
not exceeding one hundred thousand, who may offer
their services, either as cavalry, mounted riflemen, ar¬
tillery, or infantry, in such proportion of these sever¬
al arms as he may deem expedient, to serve for twelve
months [118] after they shall be mustered into service,
unless sooner discharged.
89. That the militia, when called into service by
virtue of this act or any other act, if in the opinion of
the President the public interest requires, may be
compelled to serve for a term not exceeding six months
after they shall be mustered into service, unless sooner
discharged.
90. That the act entitled " An act to provide for the
public defence," approved sixth of March, eighteen
hundred and sixty-one, be and the same is hereby so
amended that the provisions of the second section of
said act [89], limiting the term for which the militia
may be called into service to a period not exceeding
six months, shall not apply to men drafted into ser¬
vice by the several states, and furnished by said states
to the President for service for three years or during
the war, in response to requisitions made upon said
states according to law.
91. That the said volunteers [88], so offering their
services, may be accepted by the President in compa¬
nies, squadrons, battalions, and regiments, whose offi¬
cers shall be appointed in the manner prescribed by
* For Virginia militia, see XXXIX. 366. See also 114,115. For commutation
for clothing for militia., see 233.
MILITARY LAWS.
43
law in the several states to which they shall respec¬
tively belong ; but- when inspected, mustered, and re¬
ceived into the service of the Confederate States, said
troops shall be regarded in all respects as a part of the
army of said Confederate States, according to the
terms of their respective enlistments.
92. That the President is hereby authorized to or- ibid, §c.
_ , . . . Organiza-
ganize companies so tendering their services into bat- tion.
talions or squadrons, battalions or squadrons into regi¬
ments, regiments into brigades, and brigades into divis¬
ions, whenever in his judgment such organization
maybe expedient; and whenever brigades or divis¬
ions shall be organized, the President shall appoint the Appoint-
commanding officers for such brigades and divisions, Sanding0"1'
subject to the confirmation of Congress, who shall hold bngadesand
their offices only while such brigades and divisions are dmsions-
in service; and the President shall, if necessary, appor¬
tion the staff and general officers among the respective
states from which the volunteers shall tender their
services, as he may deem proper.
93. That the sixth section of the act to provide for ^Pj;-1^
the public defence, approved on the sixth of March, Orga'niza-'
eighteen hundred and sixty-one [92], be amended by ed.
adding after the words " brigades into divisions," the
words " and divisions into army corps," and each army
corps shall be commanded by a lieutenant-general,* Lieutenant-
generals.
to be appointed by the President, by and with the ad¬
vice and consent of the Senate, who shall receive the
pay of a brigadier-general [67].
94. That the sixth section of an act to provide for Oct. 6,1862
ch. 26
the public defence, approved March sixth, eighteen Organiza-
hundred and sixty-one [92], be so amended as to au- amended,
thorize the President to organize divisions of the Pro- March e,
1861, 17,
visional Army of the Confederate States into army ch. 26.
corps, and, by and with the advice and consent of the
Senate, to appoint officers to the command thereof.
95. That whenever the militia or volunteers are call- fw and al*
lowances.
ed and received into the service of the Confederate
States, under the provisions of this act, they shall have
* Lieutenant-generals to command military departments authorized, 372.
44
DIGEST OF
the same organization, and shall have the same pay
and allowances as may be provided for the regular
army [67 to 77]; and all mounted non-commissioned
officers, privates, musicians, and artificers shall be
allowed forty cents per day for the use and risk of
their horses; and if any volunteer shall not keep him¬
self provided with a serviceable horse, such volunteer
Horses km- shall serve on foot. For horses killed in action, vol-
e m ac on. unteers spap ke allowed compensation according to
their appraised value at the date of muster into ser¬
vice.
ibid. ? 8. 96. That the field and staff officers of a separate
officers. battalion of volunteers shall be one lieutenant-colonel
or major, one adjutant with the rank of lieutenant,
one sergeant-major, one quartermaster-sergeant, and
a chief bugler or principal musician, according to
Additional corps) and that each company shall be entitled to an
tenantto6U" additional second lieutenant; and that the President
each compa- may. the privates in any volunteer company, ac-
Numberof cording to his discretion, at from sixty-four to one
privates to a ° ' •>
company, hundred.
fil8ch2'81861 97. That the eighth section of the act of March 6,
officers for 1^61, " to provide for the public defence " [96], be and
each battai- the same is hereby so far amended that whenever bat-
ion of six ^
companies, talions of volunteers in the service of the Confederate
States shall consist of not less than six companies,
there may be allowed, in the discretion of the Presi¬
dent, to each battalion so constituted, two field-officers,
one with the rank of lieutenant-colonel and the other
with the rank of major,
ibid, js 2. Q3> qqnrt the President be and he is hereby author-
Assistant ad- J
iratats"sen" *zec^ aPP°in^ f°r the volunteer forces in the Confed¬
erate service as many assistant adjutants-general as
the service may require, whose rank shall correspond
with the rank of the assistant adjutants-general in the
regular army, and who shall receive the same pay and
allowances, according to their respective grades [72].
III. Volunteers for the War.
May 8, i86i 99. That in addition to the volunteer force author-
l 1, cb. 6.
President ized to be raised under existing laws [84,88], the Presi-
MILITARY LAWS.
45
dent be and he is hereby authorized to accept the authorized
services of volunteers who may offer their services, additional
without regard to the place of enlistment, either as
cavalry, mounted riflemen, artillery, or infantry, in
such proportion of these several arms as he may deem
expedient, to serve for and during the existing war,
unless sooner discharged [109, 110].
100. That the volunteers so offering their services ibid, ? 2.
may be accepted by the President in companies, to be ed?w accept'
organized by him into squadrons, battalions, or regi¬
ments. The President shall appoint all field and staff officers,
officers, but the company officers shall be elected by
the men composing the company; and if accepted, the
officers so elected shall be commissioned by the Presi¬
dent [109, 110].
101. That any vacancies [105] occurring in the ranks Ibid> 13-
d *- -1 0 Vacancies,
of the several companies mustered into service under
the provisions of this act, may be filled by volunteers
accepted under the rules of such companies; and any
vacancies occurring in the officers of such companies
shall be filled by elections in accordance with the same
rules.
102. Except as herein differently provided, the vol- ibid, ? 4.
1 i I'l l .iin Forces; how
unteer forces hereby authorized to be raised shall, m organized,
all regards, be subject to and organized in accordance
with the provisions of " An act to provide for the pub¬
lic defence " [92 et seq.~\, and all other acts for the gov¬
ernment of the Armies of the Confederate States.
103. That so much of the second section of the act May21,1861
ch. 40.
entitled " An act to raise an additional military force to Subaltern of
serve during the war," passed May eighth, eighteen signed as
hundred and sixty-one, be so amended as to authorize
the President, on the application of any commanding
officer of a regiment or battalion authorized by said
act, to assign a subaltern of the line of the army to
the duties of adjutant of said regiment or battalion
[100].
104. That volunteers offering their services under Jan. 22,1862
an act entitled " An act to rais^ an additional military ioiuntetrs
force to serve during the war," approved May eighth, sfn|iPy.ed
eighteen hundred and sixty-one [100], may be accept-
46
DIGEST OF
ed by the President singly as well as in companies,
squadrons, battalions, or regiments,
ibid, 12. 105. In all appointments of officers raised under this
Officers; how -1- ■L
appointed act, the field and company officers shall be chosen and
and chosen. . ... .. . , . . , ,
appointed m the manner prescribed by the act entitled
" An act providing for the granting of bounty and fur¬
loughs to privates and non-commissioned officers in
the Provisional Army," approved December eleventh,
eighteen hundred and sixty-one [128]; and all vacan¬
cies occurring in the said offices after the first election
made under this act, as well as under the act entitled
" An act to raise an additional military force to serve
during the war," approved May eighth, eighteen hun¬
dred and sixty-one [99], shall be filled by promotion,
according to grade and seniority, as provided in the
said act of eleventh December, eighteen hundred and
sixty-one, except in case of disability or other incom¬
petency : Provided, however, That the President be au¬
thorized to depart from the prescribed rule of promo¬
tion in favor of any person specially distinguished by
his commanding general for extraordinary merit, or
some signal act of military skill or gallantry [157,158,
310, 382].
ibid, 13. 106. Any vacancies occurring in the ranks of com-
uTerauks m panies mustered into the Confederate service for three
byavoiun-led years or for the war, may be filled by volunteers; and
teers- the commander of each of said squadrons, battalions, or
regiments oi'ganized as aforesaid, may detail one com¬
missioned officer, and one non-commissioned officer,
and one or more privates, from each company of his
command, with the approval of the brigadier-general
of the brigade to which said squadron, battalion, or
Recruiting, regiment may be attached, to recruit men for said
company: so that the same may contain not more
than one hundred and twenty-five, rank and file; and
the men so recruited shall be mustered at the time of
Transporta- enrolment, and shall be entitled to transportation and
tence, and subsistence, or commutation of subsistence, till they
bounty. their respective companies, and to fifty dollars
bounty, to be paid at the time of joining the same,
ibid, § 4. 107. The President be and he is hereby authorized
MILITARY LAWS.
47
to appoint and commission persons as field-officers or officers ap-
i . x pointed to
captains, to raise regiments, squadrons, battalions or raise troops,
companies, and the individuals comprising the same
shall be mustered at the time of enrolment, and be en- Muster, pay,
titled to pay, transportation, and subsistence from the troops,
date of the organization of companies; but the officers so
appointed by the President shall not be entitled to any
pay or allowance until their respective commands be
fully organized and reported to the Secretary of War;
and said appointments shall expire if the officer ap¬
pointed shall not, within a reasonable time, not to ex¬
ceed two months for a company and four months for for
a battalion, squadron, or regiment, report the corps
authorized to be raised by him, organized and ready
for duty : Provided, nevertheless, That every officer so
commissioned for such purpose shall receive an ap¬
pointment proportioned to the forces he recruits : And
provided, furthermore, That no enlistments under the
commission of captains shall be obligatory, unless the
number be sufficient to constitute a company.
108. That the second section of the above reeited-act Feb. 3,1862
ch. 65.
[105], requiring the election of field and company offi- commis-
, . . ■ i ii i sions of offi¬
cers by regiments and companies, shall not apply to cers whose
companies, battalions, and regiments raised under the are fully or-
fourth section of said act [107]; but the officers ap- saruzed"
pointed by the President to raise such companies, bat¬
talions, and regiments shall be the officers of the same;
and the commissions of such officers granted by the
President shall, when their respective commands are
fully organized, be absolute.
109. That the first and second sections [99, 100] of Oct. 11,1862
the act to which this is an amendment are hereby volunteer's
declared to have full force and effect in those states and districts
and districts in which the President may, under the tion of the
law, suspend the provisions of the acts providing for enemy-
the enrolment of persons for military service, or when
said acts can not be enforced by reason of the occu¬
pation of the enemy: Provided, That the troops
received under the sections of said act shall be receiv¬
ed for three years or for the war.
110. That the President may, in cases when, in his Ibid> §2.
48
DIGEST OF
Appoint- opinion, the public interest requires that he should do
ment of ma- r 7 1 ±
gad?e"dgen~ s0' appoint major and brigadier-generals, with their
other offid appropriate staff, and also the field, company, and
cers. • statf officers to regiments, battalions, companies, or
squadrons before the same are organized, by and
with the advice and consent of the Senate; and if said
regiments, battalions, companies, or squadrons are not
reported as complete within a reasonable time, the
President may, in his discretion, vacate the commis¬
sions of said officers, who shall be entitled to the pay
of their respective grades from the date of their
respective appointments until their commissions are
vacated j and that companies of infantry shall consist
of at least one hundred and twenty-five rank and file,
companies of artillery of at least one hundred and
fifty rank and file, and companies of cavalry of at
least eighty rank and file.
IV. Volunteers for such time as the President
may prescribe.
May lvwei 111. Whereas, war exists between the United States
preamble, and the Confederate States; and whereas the public
welfare may require the reception of volunteer forces
into the service of the Confederate States without
the formality and delay of a call upon the respective
States:
Reception of The Congress of the Confederate States of America do
troops' enact, That the President be authorized to receive
into service such companies, battalions, or regiments,
either mounted or on foot, as may tender themselves,
and he may require, without the delay of a formal
call upon the respective states, to serve for such time
as he may prescribe,
ibid, 12. 112. Such volunteer forces who may be accepted
izedb °rsan under this act, except as herein differently provided,
shall be organized in accordance with and subject to
all the provisions of the act entitled "An act to pro¬
vide for the public defence" [91, 92, 95, 96], and be
Allowances, entitled to all the allowances provided therein; and
when mustered into service may be attached to such
divisions, brigades, or regiments as the President may
MILITARY LAWS.
49
direct, or ordered upon such independent or detached
service as the President may deem expedient: Pro- service.
vided, however, that battalion^ and regiments may be Enlistments
enlisted from states not of the Confederacy, and the not of the
President may appoint all or any of the field-officers Confederacy-
thereof. ibid, ? 3.
113. The President shall be authorized to commis- of offlcers?n8
sion all officers entitled to commissions, of such volun¬
teer forces as may be received under the provisions of
this act. And upon the request of the officer com¬
manding such volunteer regiment, battalion, or com- Supemume-
pany, the President may attach a supernumerary to^ch com-
officer to each company (detailed from the regular pany'
army for that purpose) [21], and for such time as the
President may direct.
V. 400,000 Volunteers for not less than twelve
months, nor more than three years.
114. That, in order to provide additional forces to Aug. 8, lsei
. . s 1, ch. 20.
repel invasion, maintain the rightful possession of the Militia, miii-
Confederate States of America, and to securd the nava'iforces
independence of the Confederate States, the President to be em-'
be and he is hereby authorized to employ the militia, ployed"
military, and naval forces of the Confederate Stafes
of America, and to ask for and accept the services of
any number of volunteers, not exceeding four hun- 400,000 voi-
dred thousand, who may offer their services, either as not less than
cavalry, mounted riflemen, artillery, or infantry, in nor more
such proportions of these several arms as he may than3years-
deem expedient, to serve for a period of not less than
twelve months, nor more than three years, after they
shall be mustered into service, unless sooner dis¬
charged.
115. That whenever the militia or volunteers are ibid, §2.
How organ-
called and received into the service of tne Confederate ized.
States, under the provisions of this act, they shall be
organized under the act of the 6th of March, 1861,
entitled "An act to provide for the public defence"
[91, 92, 95, 96], with the same pay and allowances of Pay and al¬
lowances.
4
50
digest of
said act, and the same time for the service of the
militia [89].
ibid, jjs. 116. Nothing in this act shall be construed to extend
Act; how . °
construed, to or in anywise to alter any act heretofore passed,
authorizing the President to receive troops offered
directly to the Confederate States for the war, or for
any less time.
ch"1?19'1862 cases heretofore occurring where
withPiesses companies, not having the minimum number of men
than the necessary to form a company, as required bv existing
minimum j. «/ ~ o
number of ]aws, have been organized into companies which have
men. ' 1
entered into the serv.ice by order of a commanding
general, or been received by such officer into the ser¬
vice, in all such cases the Secretary of War is hereby
authorized and required to recognize said companies
as if duly organized under existing laws, and the offi¬
cers of said companies arc hereby declared as entitled
to the same rank to which they would have been
entitled if the companies had been duly organized;
and the officers and men thereof shall be entitled to
draw their pay and rations as if they had been duly
authorized under existing laws.
VI. Requisition upon the States for Troops.
Jan. 23,1862 118. That the first section of the act of March
Troops for 3 sixth, eighteen hundred and sixty-one [88], be and is
years or the so modified as to authorize the President to
call upon the several states, in his discretion, for any
numbef- of troops, not exceeding, in the aggregate,
the number heretofore authorized, to serve for the
term of three years or during the war.
ibid, \ 2. 119. In making such requisitions, the President shall
tt„wedpropo'" take into consideration the number of troops from
suites?the each state already enlisted for the war at the time of
the requisition, and shall, as far as practicable, equal¬
ize the same among the states according to their
respective white population.
MILITARY LAWS.
51
VII. Bounty;* Furloughs; Election of Company
Officers, and other privileges.
120. That a bounty of fifty dollars be and the same Dec. 11, i86i
is hereby granted to all privates, musicians, and non- Bounty for
commissioned officers in the Provisional Army, who ing 3 years
shall serve continuously for three years or for the °vai°r e
war, to be paid at the following times, to wit: To all
now in the service for twelve months, to be paid at
the time of volunteering or eplisting for the next two
ensuing years subsequent to the expiration of their
present term of service. To all now in the service
for three years or for the war, to be paid at the expi¬
ration of their first year's service. To all who may
hereafter volunteer or enlist for three years or for the
war, to be paid at the time of entry into service [126].
121. That furloughs, not exceeding sixty days, with ibid, 22.
1 , , i, , / „ Furloughs
transportation home and back, shall be granted to all andtrans-
. port at ion.
twelve months men now m service who shall, prior
to the expiration of their present term of service,
volunteer or enlist for the next two ensuing years
subsequent to the expiration of their present term of
service, or for three years or the war; said furloughs
to b'e issued at such times and in such numbers as the
Secretary of War may deem most compatible with
the public interest; the length of each furlough being
regulated with reference to the distance of each vol-'
unteer from his home : Provided, That in lieu of a fur¬
lough, the commutation value in money of the trans- £°™muta~
portation 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
itself would otherwise be granted.
122. This act shall apply to all troops who have Troopf en-
volunteered or enlisted for a term of twelve months titled to the
benefit of
or more in the service of any state, who are now in the se¬
ttle service of the said state, and who may hereafter
volunteer or enlist in the service of the Confederate
States under the provisions of the present act.
* For bounty to enlisted men in regular army, see 78. To men recruited for
three years or the war, 106,132. To soldiers continued in service by Conscription
act of 16th of April, 1862, see 152.
52
DIGEST OF
ibid, $ 4. 128. That all troops revolunteering or re-enlisting
Reorgamza- ' o o
tion of com- shall, at the expiration of their present term of ser-
panies. 1 r
vice, have the power to reorganize themselves into
Officers11 °f comPanies and elect their company officers, and said
companies shall have the power to organize them¬
selves into battalions or regiments and elect their
field-officers; and after the first election all vacancies
shall be filled by promotion from the company, bat¬
talion, or regiment in which such vacancies may
vacancios. occur: Provided, That whenever a vacancy shall
occur, whether by promotion or otherwise, in the
lowest grade of commissioned officers of a company,
state troops said vacancy shall always be filled by election: And
vice." "8er" -provided, further, That in the case of troops which
have been regularly enlisted into the service of any
particular state prior to the formation of the Con¬
federacy, and which have by such state been turned
over to the Confederate government, the officers shall
not be elected, but appointed and promoted in the
same manner and by the same authority as they have
heretofore been appointed and promoted.
Feb.3,1862 124. That the provisions of the above-entitled act
Provisions [120 et seq.], so far as the same are applicable to re¬
act Extend- enlistment of twelve months' volunteers, be and the
ed' same are hereby extended to troops now in the ser-
• vice of any state for a term not less than three
months, who may re-enlist in the service of the Con¬
federate States according to provisions of said act
for a torm which, added to their present term of ser¬
vice, may amount to three years.
Feb. 15,1862 125. That the rank of commissioned officers of regi-
Dateofrank ments, battalions, squadrons, and companies who
officers.1 continue in service by re-election in regiments, bat¬
talions, squadrons, or companies organized of troops
re-enlisting under the act providing for the granting
of bounty and furloughs to privates and non-commis¬
sioned officers in the Provisional Army, approved
December eleventh, eighteen hundred and sixty-one
[123], and the act supplemental thereto, approved
February third, eighteen hundred and sixty-two [124],
or under the act to provide for the recruiting compu-
MILITARY LAWS.
53
nies now in the service of the Confederate States for
twelve months, approved January twenty-seventh,
eighteen hundred and sixty-two [131 et seg'.], shall
date from the time of their 'original election or ap¬
pointment: Provided, Such officers shall be re-elected
or appointed to offices of the same grade in the same
corps.
126. That the bounty of fifty dollars, allowed by ^bgg7'1802
existing laws to soldiers enlisting for the war, or re- Bounty;
° 0 7 when pay-
enlisting for two years, or recruited, shall be payable able-
[127] as soon as the volunteer entitled thereto shall
have been sworn into the Confederate service, and
shall have been pronounced by any surgeon or assist¬
ant surgeon of the Confederate States, after inspec¬
tion, as being fit and able to do military service.
127. That the above recited act [126] be so amended oct.ii, 1862
as to secure to all soldiers and non-commissioned offi- Bounty due
cers who shall have entered the armies of the Confed- dfscharKed1 d
erate States for three years or during the war the soldlers-
bounty of fifty dollars, as therein provided, although
such soldier or non-commissioned officer may have
been killed in battle, died, or been honorably dis¬
charged before the expiration of the first year's ser¬
vice of his term, to be paid as other arrearages.
128. That, at the expiration of six months from the Feb. 17,1864
first day of April next, a bounty of one hundred dol- Bounty of
1 . , , 1 j 1 • , , 1 one hundred
lars, in a six per cent, government bond, which the dollars.
Secretary of the Treasury is hereby authorized to
issue, shall be paid to every non-commissioned officer,
musician, and private who shall then be in the service,
or, in the event of his death previous to the period of
such payment, then to the person or persons who
would be entitled by law to receive the arrearages of
his pay; but no one shall be entitled to the bounty
herein provided who shall, at any time during the
period of six months next after the said first day of
April, be absent from his command without leave.
YIII. .Recruiting.
129. That the Secretary of War be and he is hereby
authorized to adopt measures for recruiting and en- lor three
DIGEST OF
years or the listing men for companies in service for the war, or
three years, which, by the casualties of the service,
have been reduced by death and discharges,
ibid. ? 2. 130. That the Secretary of War be and he is hereby
Detail of offi- , . , , ^ ., , ... J;
cers. authorized to detail the company commissioned offi¬
cers for the above duty in such numbers and at such
times as in his opinion will best comport with the
public service j the officers thus appointed to enlist
and recruit for their respective companies.
Jan. 27.1862 131. That all companies of volunteers, now in the
$ 1 ch. 55.
Companies service of the Confederate States under enlistment for
twelve the term of twelve months, may be recruited by en¬
listing or receiving volunteers for three years or the
war, to a number not to exceed one hundred and
twenty-five, rank and file, and companies so recruited
shall, at the expiration of the term of service of the
Election of original company, elect their commissioned officers;
officers. aij(j vacancies thereafter occurring in the commissioned
offices of such companies shall be filled by promotion
Promotion. A .
of said commissioned officers, except that vacancies in
the lowest grade of such officers shall be filled by elec¬
tion.
ibid.?2. 132. The colonel or commanding officer of the sev-
Detailofoffi- .
cers. eral regiments, battalions, and squadrons enlisted for
twelve months as aforesaid, may detail one commis¬
sioned officer, and not exceeding two privates of each
company, to recruit for their respective companies,
and the officers and privates so detailed shall be en¬
titled to transportation while so engaged, and the
recruits so enlisted shall be entitled to pay, transpor¬
tation, and subsistence from the time and place of
enlistment, together with the sum of fifty dollars, as a
Bounty, etc. boun-fcy, upon joining their respective companies,
ibid, ? 3. 133. The original volunteers in such companies, re-
enlisting according to the terms of the act entitled
"An act providing for the granting of bount}T and
furloughs to privates and non-commissioned officers in
the Provisional Army" [120 et seq.~\, may re-enlist in
and form part of the companies to be recruited as
herein provided; and when all the companies com¬
posing the regiment, battalion, or squadron as afore-
MILITARY LAWS.
said shall, by recruiting as aforesaid, or by re-enlist- Regiments,
raent and recruiting as aforesaid, have attained, at ganlzed.
the date of the expiration of the term of service of
the original companies, the number required by law
for a company, the number and designation of such
regiment, battalion, or squadron may continue, or such
of said companies as are complete at that date may
reorganize into new regiments, battalions, or squad¬
rons, or attach themselves to other regiments, battal¬
ions, or squadrons; and in all such cases the field-offi¬
cers shall be elected, and vacancies thereafter occurring
in such field-offices shall.be filled by promotion, as di¬
rected by the act aforesaid.
134. Companies organized by re-enlisted twelve ibid, §4.
months' volunteers, under the act aforesaid, may be organizedby
recruited to the number of one hundred and twenty- wve8ted
five, in the manner prescribed in the second section of Sheers. v°'
this act.
135. Where, at the date of the expiration of the ibid, §5.
term of service of the original company, the number paniesmay
of recruits and enlisted men may not amount to the
minimum number required for a company, the re¬
cruited men may combine with recruits of other com¬
panies in like situation, so as to form complete com¬
panies ; and in default of such combinations, the said
recruits may be assigned or distributed to other com¬
panies from the state in which such recruits were
enlisted.
136. The Secretary of War shall make all needful ibid, §6.
' ' Rules.
rules to carry into effect the foregoing provisions.
137. That the President of the Confederate States Aug. 8, issi
, , , . , , , . . ch. 18. Offi-
be and he is hereby authorized to grqnt comupssiops cers to raise
to officers above the grade of captain to such persons teers from
Kentucky,
as he may think fit to raise and command volunteer Missouri.'
regiments and battalions for the service of the Con- Deiaware'°r
federate States, said regiments and b^ttaliqns to be
composed of persons who are, or have been, residents
of the States of Kentucky, Missouri, Maryland, or
Delaware, and who have enlisted, or may enlist, under
said officers; upon the condition, however, that such
officers shall not hold rank or receive pay until such
56
DIGEST OF
Aug 30,1861
g-l. ch. 52.
Recruiting
stations for
volunteers
from Ken¬
tucky, Mis¬
souri, Mary¬
land, and
Delaware.
Ibid, g 2.
Officers to
raise and
command
companies of
such volun¬
teers.
Ibid,g 3.
Organiza¬
tion of com¬
panies.
Ibid, g 4.
Compensa¬
tion to
recruits.
Feb. 15,1862
ch. 76.
Maryland
Line.
regiments or battalions have been raised and are mus¬
tered into service.
138. That the President be and he is hereby author¬
ized to establish recruiting stations within the Con¬
federate States for the reception of volunteers into
the -military service of the Confederate States from
among persons who are, or have been, residents of the
States of Kentucky, Missouri, Maryland, and Dela¬
ware.
139. That the President be authorized to grant com¬
missions as captains to such persons as he may think
fit to raise and command companies to be composed
of such volunteers; upon the condition, however, that
such officers shall not hold rank or receive pay until
such companies have been raised and are mustered
into service.
140. Whenever such recruits shall amount to a suffi¬
cient number to be formed into companies, the Presi¬
dent may direct the same to be so organized, appoint¬
ing all commissioned officers of the several companies,
in addition to the captains provided for in the preced¬
ing section; and such companies maybe organized into
regiments in like manner, under the direction of the
President.
141. Until such recruits shall amouhtto a sufficient
number to be organized into companies, they shall
receive no compensation except their clothing and
rations
142. That all native or adopted citizens of the State
of Marjdand who have heretofore volunteered, are
now in, or may hereafter volunteer in the service of
the Confederate States, may, at their option, be organ¬
ized and enrolled into companies, squadrons, battal¬
ions, and regiments, and with the first Maryland regi¬
ment, and several companies now in service, into one
or more brigades, to be known us the Maryland Line;
said organization to be in accordance with existing
laws.
MILITARY LAWS.
57
IX. Conscription.
148. In view of the exigencies of the country, and April 16,
the absolute necessity of keeping in the service our chfli?1'
gallant army, and of placing in the field a largQ addi- ea 1 e'
tional force to meet the advancing columns of the
enemy now invading our soil; Therefore
Pie Congress of the Confederate States of America do
enact, That the President be and he is hereby author- tween eigh-
• • • • n t6en and
ized to call out and place in the military service of thirty-five
the Confederate States, for three years, unless the war ea 8 S '
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 continuance
from the date of their original enlistment, unless the tho^enowin
war shall have been sooner ended : Provided, however, thearmj'
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 reorganize said companies, battalions, and regi- Re0rganiza-
ments, by electing all their officers which they had a p°"ies!etc?"
right heretofore to elect, who shall be commissioned
by the President [159] : Provided, further, That far- Furloughs,
loughs 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-commis¬
sioned officers in the .Provisional Army," approved
eleventh December, eighteen hundred and sixty-one
[121] —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 pro¬
vided,, further, That in lieu of a furlough, the commuta-
5N
PICKST OF
tion 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 grant¬
ed: Provided, further, That all persons under the age
of eighteen years or over the age of thirty-five yeai's,
who are now enrolled in the military service of the
Confederate States in the regiments, squadrons, bat¬
talions, and companies hereafter to be reorganized,
shall be required to remain in their respective com¬
panies, 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 com¬
panies, squadrons, battalions, or regiments, shall be
and the same are hereby repealed.
Sep. 27,1862 144. That the President be and he is hereby author-
ch. 15. All . .
white men ized to call out and place in the military service of the
between
thirty-flve Confederate States for three years, unless the war
five years of should have been sooner ended, all white men who are
age' residents of the Confederate States, between the ages
of thirty-five and forty-five years, at the time the call
or calls may be made, and who are not, at such time
or times, legally exempted from military service, or
such part thereof as, in his judgment, may be neces¬
sary to the public defence—such call or calls to be
made under the provisions and according to the terms
of the act to which this is an amendment [143]; and
such authority shall exist in the President during the
present war as to all persons who now are or may
hereafter become eighteen years of age, and when
once enrolled, all persons between the ages of eighteen
and forty-five shall serve their full time: Provided,
That if the President, in calling out troops into the
iust°called service of the Confederate States, shall first call for
out- only a part of the persons between the ages hereinbe¬
fore stated, he shall call for those between the ages ot
thirty-five and any other age less than forty-five : Pro¬
vided, That nothing herein contained shall be under-
AU under
eighteen
years and
over thirty-
five now
enrolled.
MILITARY LAWS.
50
stood as repealing or modifying any part of the aet to
which this is amendatory, except as herein expressly
stated: And provided, further, That those called out
under this act, and the act to which this is an amend¬
ment, shall be first and immediately ordered to fill to Disposition
, . , . of those
tieir maximum number the .companies, battalions, called into
, . n , . service.
squadrons, and regiments from the respective states
at the time the act to further provide for the public
defence, approved sixteenth April, one thousand eight
hundred and sixty-two, was passed, and the surplus,
if any, shall be assigned to organizations formed from
each state since the passage of that act, or placed in
new organizations to be officered by the state having
such residue, according to the laws thereof, or dis¬
posed of as now provided by law : Provided, That the
President is authorized to suspend the execution of Suspension
...... . of this act
this act, or the act to which this is an amendment and that of
[143], in any locality where he may find it impracti- mV,1 nf'cer-
cable to execute the same, and that in such locality, ties,
and during said suspension, the President is authorized
to receive troops into the Confederate service under
any of the acts passed by the Confederate Congress
prior to the passage of the act to provide further for
the public defence, approved sixteenth April, one
thousand eight hundred and sixty-two.
145. That all persons subject to enrolment for mili- ^*34 3862
tary service may be enrolled under instructions from Enrolment
J d of conscripts
the War department, and reported by the enrolling^ wherever
officer wherever found, whether within the state or
county of their residence or not; and when so enroll¬
ed shall be subject to the provisions of law as fully as
if enrolled within the county and state of which they
may be residents: Provided, That this act shall not
extend to any member of a military organization un¬
der any state law while he remains in actual service state mmta-
within the limits of his state: And provided, further, tkm°r.s<im /"1
That the President is authorized to suspend the exe- suspension
cation of this act as regards the residents of any h, cei-tan?
locality where he may find it impracticable to execute localltles-
the act entitled " An act to further provide for the
public defence," approved April sixteenth, eighteen
60
DIGEST OF
hundred and sixty-two [143], and the act to amend
the last mentioned act, approved September twenty-
seventh, eighteen hundred and sixty-two [144].
lmUt 11®- That such companies, squadrons, battalions, or
Companies regiments organized, or in process of organization, by
etc., in proc- authority from the Secretary of War, as may be, with-
ess of or- J j j */ 7
ganization. thirty days from the passage of this act, so far com¬
pleted as to have the whole number of men requisite
for organization actually enrolled, not embracing in
said organizations 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,
ibid. §3. 147. That for the enrolment of all persons compre-
Offlcers to 1 1
make enrol- bended within the provisions of this act, who are not
ment.
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 states, to
employ state officers, and on failure to obtain such
consent, he shall employ Confederate officers, charged
with the duty of making such enrolment in accord¬
ance with rules and regulations to be prescribed by
him.
ibid, §4. 148. That persons enrolled under the provisions of
Assignment L x
enroUed"8 Prece(ling section shall be assigned by the Secre¬
tary 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 respec¬
tively come.
ibid, g 5. 149. That all seamen and ordinary seamen in the
transfer of. 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.
May l.isea « 150. That all persons serving in the land forces of
idem." the Confederate States who shall desire to be trans¬
ferred to the naval service, and whose transfer as sea¬
men or ordinary seamen shall be applied for by the
MILITARY LAWS.
61
Secretary of the Navy, shall be transferred from the
land to the naval service: Provided, That nothing in
this act shall be so construed as to alter or repeal any
law now in force limiting the number of seamen [573].
151. That in all cases where a state mav not have April ie,
1862, g 6,
in the army a number of regiments, battalions, squad- ch. si.
rons, or companies sufficient to absorb the number of
persons subject to military service under this act, be¬
longing to such state, then the residue or excess there¬
of shall be kept as a reserve, under such regulations
as may be established by the Secretary of War, and
that at stated periods of no greater than three months,
details, determined by lot, shall be made from said re¬
serve, so that each company shall, as nearly as practi¬
cable, 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, fur¬
ther, That the persons comprehended in this act shall
not be subject to the Rules and Articles of War until Whensnb-
mustered into the actual service of the Confederate ^lesVnd
States; except that said persons, when enrolled and ^°l08of
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,fur¬
ther, 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 en- Reserves;
when to be
tire reserve, or so much as may be necessary, not pre- called into
7 J J 1 service.
viously assigned to different companies in service un¬
der provision of section four [148] of this act; said
.reserve shall be organized under such rules as the Sec- qrganiza-
retary of War may adopt: Provided, The company,
battalion, and regimental officers shall be elected by Election of
the troops composing the same: Provided, The troops
raised in any one state shall not be combined in regi¬
mental, battalion, squadron, or company organization
with troops raised in any other states.
152. That all soldiers now serving in the army, or ]^fy7'
mustered in the military service of the Confederate
States, or enrolled in said service under the authoriza-
62
DIGEST OF
tions 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 [120], shall be entitled to re-
• ceive said bounty,
ibid, §8. i53_ That each man who may hereafter be mustered
Private arms J
to be paid jnto service, and who shall arm himself with a musket,
for. _ ' '
shot-gun, rifle, or carbine, accepted as an efficient weap¬
on, 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 154. That persons not liable for duty may be re¬
ceived as substitutes for those who are, under such
regulations as may be prescribed by the Secretary of
War.
chC328'1863 110 Person liable to military service shall
Substitute hereafter be permitted or allowed to furnish a substi-
system abol- . .
ished. tute for such service, nor shall any substitute be re¬
ceived, enlisted, or enrolled in the military service of
( the Confederate States. '
ciTi5'1864 Whereas, in the present circumstances of the
country, it requires the aid of all who are able to bear
arms :
li'tble'to'sev Congress of the Confederate States of America do
vice. enact, That no person shall be exempted from military
service by reason of his having furnished a substitute ;
but this act shall not be so construed as to affect per¬
sons who, though not liable to render military service,
have, nevertheless, furnished substitutes.
i862l$io vacimcies shall be filled by the Presi-
valories- dent from the company, battalion, squadron, or regi-
how mied.' ment iii which such vacancies shall occur, by promo¬
tion 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
MILITARY LAWS.
63
company, battalion, squadron, or regiment who shall
have been distinguished in the service by exhibi¬
tion of valor and skill [105, 382, 310] ; and that when¬
ever 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.
158. That all vacancies shall be filled by the Presi- April 2iv
dent from the company, battalion, squadron, or regi- idem,
ment in which such vacancies shall occur, by promo¬
tion, according to seniority, except in case of disability
or other incompetency; and that whenever a vacancy
shall occur in the lowest grade of commissioned ofli-
ccrs of a company, such vacancies shall be filled by
election : Provided, however, That the President may,
when in bis opinion it is proper, fill any vacancy by
the promotion of any officer from any company, bat¬
talion, squadron, or regiment in which the same may
occur, who sliall have been distinguished in service by
the exhibition of extraordinary valor and skill [105,
382, 310] ; and that when any vacancy shall occur in
the lowest grade of commissioned officers of any com¬
pany, the same may be filled by selection by the Presi¬
dent of any non-commissioned officer or private from
the company in which said vacancy may occur, who
shall have been distinguished in the service by the ex¬
hibition of extraordinary valor and skill; and that
appointments made by the President shall be by and
with the advice and consent of the Senate.
159. That the provisions of the first section [143] of April 16,
this act, relating to the election of officers, shall apply chfli?11'
, . . i , t i - i • i Election of
to tnose regiments, battalions, and squadrons which officers of
are composed of twelve months' and war companies composed of
combined in the same organization, without regard to months'
the manner in which the officers thereof were origi- companies
nally appointed. combined.
160. That each company of infantry shall consist of ibid, g 12.
one hundred and twenty-five, rank and file; each com- file to each
pany of field artillery of one hundred and fifty, rank company*
and file ; each of cavalry, of eighty, rank and file.
64
DIGEST OF
Privilege' of 161. That all persons subject to enrolment, who are
volunteer- no£ now jn ^he service under the provisions of this act,
shall be permitted, previous to such enrolment, to vol¬
unteer in companies now in the service.
Oct. 11,1862 162. That the President be and he is hereby author-
g 1, ch. 39. J
Regiments ized and empowered, whenever in his opinion the pub-
or battalions , .
organized lie good would be promoted thereby, to receive into
tober, 1862. the service regiments or battalions which have been
organized in good faith prior to the first day of Octo¬
ber, eighteen hundred and sixty-two, under authority
or by direction of the Secretary of War, or any gen¬
eral officer of the government, although said regiments
or battalions may be composed in part of persons be¬
tween the ages of eighteen and thirty-five years: Pro¬
vided, That this authority shall not extend to regi¬
ments or battalions organized after the said first day
of October, eighteen hundred and sixty-two, except in
those states and locations where the conscript law may
be suspended.
ibid, §2. i63_ That the President be and he is hereby author-
Regiments ^ ^
or battalions ized and emoowered, whenever in his opinion it would
organized of A A
conscripts in promote the public good, to receive into service regi-
states west
of Mississip- ments or battalions which have been heretofore organ-
pi river.
ized of conscripts by a general officer in any of the
states lying west of the Mississippi river [164].
April 16, 164. That the second section [163] of the act entitled
1863 2 1
ch. so. ' " An act to authorize the President to accept and place
their officers in the service certain regiments and battalions hereto¬
fore raised," approved on the eleventh day of October,
in the year one thousand eight hundred and sixty-two,
shall not be so construed as to authorize any general
officer to appoint any of the officers of said regiments
and battalions. That said regiments and battalions
shall have the right, within ninety days, on a day to
be fixed by the commander of the brigade for that pur¬
pose, to elect such officers as volunteers have hereto¬
fore been authorized to elect: Provided, That this act
shall not apply to any case where such office has here¬
tofore been filled by election.
0^11,^1862 1 65. That all companies, battalions, and regiments
infantry of infantry raised or organized before the first day of
MILITARY LAWS.
65
December next within the limits of Middle and West raised prior
to Doc 1
Tennessee, to be composed of residents of said dis- i862,inMid-
die find Wsst
tricts, may be accepted by the President when, in his Tennessee,
opinion, the public interest will be promoted thereby,
and said troops shall be allowed to elect their own offi¬
cers for the first election, after which all vacancies
shall be filled by the President under the act, and the
acts amendatory of the same, providing for the public
defence, passed sixteenth of April, eighteen hundred
and sixty-two, and also such counties in North Caro¬
lina lying east of the line of the Wilmington and Wel-
don railroad as are beyond the lines of the army and
exposed to the incursions of the enemy.
166. That from and after the passage of this act all Feb. 17,^1864
white men, residents of the Confederate States, be- of'all white
tween the ages of seventeen and fifty, shall be in the tweenseven-
military service of the Confederate States for the war. fifty.
167. That all the persons aforesaid, between the ibid, ? 2.
ages of eighteen and forty-five, now in service, shall ganizations
be retained, during the present war with the United served."
States, in the same regiments, battalions, and compa¬
nies to which they belong at the passage of this act,
with the same organization and officers, unless regu¬
larly transferred or discharged, in accordance with the
laws and regulations for the government of the army :
Provided, That companies from one state, organized proviso,
against their consent, expressed at the time, with regi¬
ments or battalions from another state, shall have the
privilege of being transferred to organizations of troops
in the same arm of the service from the state in which
said companies were raised; and the soldiers from one
state in companies from another state shall be allowed,
if they desire it, a transfer to organizations from their
own state in the same arm of the service.
168. That no person shall be relieved from the opera- ibid, §4.
Persons
tion of this act by reason - of having been heretofore heretofore
discharged from the army, where no disability now
exists, nor shall those who have furnished substitutes Persons who
be any longer exempted by reason thereof: Provided, nished"sub-
That no person heretofore exempted on account of re- stltutes-
ligious opinions, and who has paid the tax levied to
5
66
DIGEST OF
Ibid, ? 5.
Time and
place of en¬
rolment.
Ibid, I 6.
Voluntary
organiza¬
tions.
relieve him from service, shall be required to render
military service under this act [181].
169. That all white male residents of the Confeder¬
ate States, between the ages of seventeen and eighteen
and forty-five and fifty years, shall enroll themselves,
at such times and places, and under such regulations
as the President may prescribe, the time allowed not
heing less than thirty days for those east, and sixty
days for those west of the Mississippi river; and any
person who shall fail so to enroll himself, without a rea¬
sonable excuse therefor, to be judged of by the Presi¬
dent, shall be placed in service in the field for the war
in the same manner as though he were between the ages
of eighteen and forty-five: Provided, That the persons
mentioned in this section shall constitute a reserve for
state defence and detail duty, and shall not be required
to perform service out of the state in which they reside.
170. That all persons required by the fifth section
of this act to enroll themselves may, within thirty
days after the passage hereof, east of the Mississippi
river, and within sixty days if west of said river, form
themselves into voluntary organizations of companies,
battalions, or regiments, and elect their own officers—
said organizations to conform to the existing law; and
having so organized, to tender their services as volun¬
teers during the war to the President; and if such or¬
ganization shall furnish proper muster-rolls, as now
required, and deposit a copy thereof with the enrolling
officer of their district (which shall be equivalent to
enrolment), they may be accepted as minute-men for
service in such state, but in no event to be taken out
of it. Those who do not so volunteer and organize,
shall enroll themselves as before provided, and may,
by the President, be required to assemble at places of
Rendezvous, rendezvous, and be formed into companies, battalions,
and regiments under regulations to be prescribed by
him, and shall have the right to elect their company
and regimental officers; and all troops organized un¬
der this act for state defence shall be entitled, while
in actual service, to the same pay and allowances as
troops now in the field.
MILITARY LAWS.
67
171. That any person who shall fail to attend at the ibid, 37.
, . Failure to
place of rendezvous, as required by the authority of attend at
i.i n rendezvous.
the .President, without a sufficient excuse, to be judged
of by him, shall be liable to be placed in service in the
field for the war as if he were between the ages of
eighteen and forty-five years.
172. That hereafter the duties of provost and hos- ibid, §8.
pital guards and clerks, of clerks, guards, agents, em- ofmQuarter-
ployees or laborers in the Commissary's and Quarter- commisS-and
master's departments, in the Ordnance department, payments,
and clerks and employees of Navy Agents, as also in etc"
the execution of the Enrolment acts, and all similar
duties, shall be performed by persons who are within
the ages of eighteen and forty-five years, and who, by
the report of a board of army surgeons, shall be re¬
ported as unable to perform active service in the field,
hut capable of performing some of the above-named
duties, specifying which; and when those persons
shall have been assigned to those duties as far as prac¬
ticable, the President shall detail or assign to their
performance such bodies of troops or individuals, re¬
quired to be enrolled under the fifth section of this act,
as may be needed for the discharge of such duties :
Provided, That persons between the ages of seventeen
and eighteen shall not be assigned to these duties:
Provided, further, That nothing contained in this act
shall be so construed as to prevent the President from
detailing artisans, mechanics, or persons of scientific
skill to perform indispensable duties in the depart¬
ments or bureaus herein mentioned.
173. That any quartermaster or assistant quarter- p^aity for
master, commissary or assistant commissary ("other violating
1 # . provisions of
than those serving with regiments and brigades in foregoing
, ® & section.
the field), or officer in the ordnance bureau, or navy
agent, or provost marshal, or officer in the conscript
service, who shall hereafter employ or retain in his
emphtyment any person in any of their said depart¬
ments or bureaus, or in any of the duties mentioned
in the eighth section of this act, in violation of the
provisions hereof, shall, on conviction thereof by a
court-martial or military court, be cashiered; and it
68
DIGEST OF
shall he the duty of any department or district com¬
mander, upon proof by the oath of any credible per¬
son, that any such officer has violated this provision,
immediately to relieve such officer from duty; and
said commander shall take prompt measures to have
him tried for such offence; and any commander as
aforesaid failing to perform the duties enjoined by this
section, shall, upon being duly convicted thereof, be dis¬
missed from the service,
ibid, ? 11. 174. That the President be and he is hereby author-
Details.
ized to grant details, under general rules and regula¬
tions to be issued by the "War department, either from
persons between forty-five and fifty years of age, or
from the army in the field, in all cases when, in his
judgment, justice, equity, and necessity require such
details, and he may revoke such orders of details when¬
ever he thinks proper : Provided, That the power here¬
in granted to the President to make details and ex¬
emptions shall not he construed to authorize the
exemption or detail of any contractor for furnishing
supplies of any kind to the government, by reason of
said contract, unless the head or secretary of the de¬
partment making such contract shall certify that the
personal services of said contractor are indispensable
to the execution of the contract: Provided, further,
That when any such contractor shall fail diligently
and faithfully to proceed with the execution of such
contract, his exemption or detail shall cease.
Local boards ^5- That in appointing local boards of surgeons for
of surgeons. the examination of persons liable to military service,
no member composing the same shall be appointed
from the county or enrolling district in which they
are required to make such examination.
X. Camps op Instruction.
Oct. 8,1862 176. That the President be and he is hereby author-
Established. ized to establish camps of instruction for persons
enrolled for military service, at such places and in
such numbers in the several states as he may deem
necessary, and to appoint, by and with the advice and
consent of the Senate, officers in the Provisional
MILITARY LAWS.
69
Army, with the rank and pay of major, to superin¬
tend and command the same.*
XI. Employment op Negroes.
177. Whereas the efficiency of the army is greatly reb. it, lsei
diminished by the withdrawal from the ranks of able- Male free'
bodied soldiers to act as teamsters, and in various nesroes*
other capacities in which free negroes and slaves
might be advantageously employed : Therefore,
The Congress of the Confederate States of America do
enact, That all male free negroes and other free per¬
sons of color, not including those who are free under
the Treaty of Paris of 1803, or under the Treaty of
Spain of 1819, resident in the Confederate States,
between the ages of eighteen and fifty years, shall be
held liable to perform such duties with the army, or
in connection with the military defences of the coun¬
try, in the way of work upon fortifications or in gov¬
ernment works for the production or preparation of
materials of war, or in military hospitals, as the
Secretary of War or the commanding general of the
trans-Mississippi department may from time to time
prescribe; and while engaged in the performance of
such duties shall receive rations and clothing, and and
compensation at the rate of eleven dollars a month, £i°0®pensa"
under such rules and regulations as the said Secretary
may establish : Provided, That the Secretary of War
or the commanding general of the trans-Mississippi
department, with the approval of the President, may
exempt from the operations of this act such free
negroes as the interests of the country may require
should be exempted, or such as he may think proper Exemptions
to exempt on grounds of justice, equity, or necessity.
178. That the Secretary of War is hereby author- Jbid> ?2.
^ J Male negro
ized to employ, for duties similar to those indicated slaves,
in the preceding section of this act, as many male
negro slaves, not to exceed twenty thousand, as in his
judgment the wants of the service may require, fur¬
nishing them, while so employed, with proper rations
* For drill-masters for camps of instruction, see 303.
70
DIGEST OF
clothing an(^ cl°thing, under rules and regulations to be estab-
and wages, fished by him, and paying to the owners of said
slaves such wages as may be agreed upon with said
in case of owners for their use and service ; and in the event of
loss of slave.
the loss of any slaves while so employed, by the act
of the enemy, or by escape to the enemy, or by death
inflicted by the enemy, or by disease contracted while
in any service required of said slaves, then the own¬
ers of the same shall be entitled to receive the full
value of such slaves, to be ascertained by agreement
or by appraisement, under the law regulating impress¬
ments, to be paid under such rules and regulations as
the Secretary of War may establish,
ibid, \ 3. 179. That when the Secretary of War shall be
slaves may5 unable to procure the services of slaves in any mili-
be impress- ^ary department in sufficient numbers for the necessi¬
ties of the department, upon the terms and conditions
set forth in the preceding section, then he is hereby
authorized to impress [436] the services of as many
male slaves, not to exceed twenty thousand, as may
be required, from time to time, to discharge the duties
indicated in the first section of this act, according to
the laws regulating the impressment of slaves in other
cases : Provided, That slaves so impressed shall, while
employed, receive the same rations and clothing, in
kind and quantity, as slaves regularly hired from
their owners, and in the event of their loss, shall be
paid for in the same manner, and under the same
rules established by the said impressment laws : Pro¬
vided, That if the owner have but one male slave
between the ages of eighteen and fifty, he shall not
be impressed against the will of said owner : Provided,
further, that free negroes shall be first impressed, and
if there should be a deficiency, it shall be supplied by
the impressment of slaves according to the foregoing
provisions: Provided,further, That in making the im¬
pressment not more than one of every five male
slaves between the ages of eighteen and forty-five
shall be taken from any owner, care being taken to
allow in each case a credit for all slaves who may
have been already impressed under this act, and who
MILITARY LAWS.
71
are still in service, or have died, or been lost while in
service. And all impressments under this act shall
he taken in equal ratio from all owners in the same
locality, city, county, or district,
XXI. Exemption.
180. [That all persons who shall be held to be unfit April 21,
for military service under rules to he prescribed by [Repealed;'
the Secretary of War; all in the service or employ of whatper-
the Confederate States; all judicial and executive exempted,
officers of the Confederate or State governments; the
members of both Houses-of the Congress and of the
Legislatures of the several states and their respective
officers; all clerks of the officers of the State and
Confederate governments allowed by law; all engaged
in carrying the mails; all ferrymen on post-route»;
all pilots and persons engaged in the marine service
and in actual service on river and railroad routes of
transportation; telegraphic operators, and ministers
of religion in the regular discharge of ministerial
duties; all engaged in working iron mines, furnaces,
and foundries; all journeymen printers actually em¬
ployed in printing newspapers; all presidents and
professors of colleges and academies, and all teachers
having as many as twenty scholars; superintendents
of the public hospitals, lunatic asylums, and the regu¬
lar nurses and attendants therein, and the teachers
employed in the institution for the deaf, and dumb,
and blind; in each apothecary-store now established
and doing business, one apothecary in good standing,
who is a practical druggist; superintendents and oper¬
atives in wool and cotton factories, who may be ex¬
empted by the Secretary of War—shall be and are
hereby exempted from military service in the armies
of the Confederate States.]
181. [That all persons who shall be held unfit for Oct. 11,1862
military service in the field, by reason of bodily or fitepeaied;
mental incapacity or imbecility, under rules to be offlceraof
prescribed by the Secretary of War; the Yice-Presi- erate and
dent of the Confederate States; the officers, judicial ernmentl*
and executive, of the Confederate and State govern-
72
DIGEST OF
ments, including postmasters appointed by the Presi¬
dent and confirmed by the Senate, and such clerks in
their offices as are allowed by the Postmaster-General,
and now employed, and excluding all other postmas¬
ters, their assistants, and clerks; and except such state
officers as the several states may have declared, or
may hereafter declare by law to be liable to militia
duty; the members of both houses of the Congress of
the Confederate States and of the Legislatures of the
several states, and their respective officers; all clerks
now in the offices of the Confederate and State gov¬
ernments authorized by law, receiving salaries or fees;
state troops, all volunteer troops, heretofore raised by any state
since the passage of the act entitled " An act further
to provide for the public defence," approved April
the sixteenth, eighteen hundred and sixty-two [143],
while such troops shall be in active service under
state authority: Provided, That this exemption shall
not apply to any person who was liable to be called into
service by virtue of said act of April the sixteenth,
eighteen hundred and sixty-two; all pilots and persons
engaged in the merchant marine service; the president,
telegraph superintendents, conductors, treasurer, chief clerk,
and boat engineers, managers, station-agents, section-masters,
employees. & ® ; 0 '
two expert track-hands to each section of eight miles,
and mechanics in the active service and employment
of railroad companies, not to embrace laborers, por¬
ters, and messengers; the president, general superin¬
tendent, and operators of telegx*aph companies, the
local superintendent and operators of said companies,
not to exceed four in number at any locality, but that
of the seat of government of the Confederate States;
the president, superintendents, captains, engineers'
chief clerk, and mechanics in the active service and
employment of all companies engaged in river and
canal navigation, and all captains of boats and engi-
Printersand neers therein employed; one editor of each newspaper
newspapers.^ now being published, and such employees as the edi¬
tor or proprietor may certify, upon oath, to be indis¬
pensable for conducting the publication; the public
printer, and those employed to perform the public
MILITARY LAWS.
73
printing for the Confederate and State governments;
every minister of religion authorized to preach accord- Ministers of
_ „ i . 1 . , -..I religion, and-
ing to the rules of his sect and m the regular discharge others,
of ministerial duties, and all persons who have been
and now are members of the society of Friends and
the association of Dunkards, Nazarenes, and Men-
nonists, in regular membership in their respective
denominations: Provided, Members of the society of
Friends, Nazarenes, Mennonists, and Dunkards shall
furnish substitutes or pay a tax of five hundred dol¬
lars each into the public treasury [168]; all physicians Physicians,
who now are, and for the last five years have been, in
the actual practice of their profession; all shoemakers, Mech»nics-
tanners, blacksmiths, wagon-makers, millers and their
engineers, millwrights, skilled and actually employed
as their regular vocation in the said trades, habitually
engaged in working for the public, and while so
actually employed : Provided, Said persons shall make
oath in writing that they are so skilled and actually
employed at the time as their regular vocation in one
of the above trades, which affidavit shall only be prima
facie evidence of the facts therein stated: Provided, Proviso.
further, That the exemptions herein granted to persons
by reason of their peculiar mechanical or other occu¬
pation or employment, not connected with the public
service, shall be subject to the condition that the pro¬
ducts of the labor of such exempts, or of the compa¬
nies and establishments with which they are connect¬
ed, shall be sold and disposed of by the proprietors at
prices not exceeding seventy-five per centum upon the
cost of production, or within a maximum to be fixed
by the Secretary of "War, under such regulations as
he may prescribe : And it is further provided, That if
the proprietors of any such manufacturing establish¬
ments shall be shown, upon evidence to be submitted
to and judged of by the Secretary of War, to have
violated or in any manner evaded the true intent and
spirit of the foregoing proviso, the exemptions there¬
in granted shall no longer be extended to them, their
superintendents, or operatives in said establishments,
but they, and each and every of them, shall be forth-
74
DIGEST OF
with enrolled under the provisions of this act, and
ordered into the Confederate army, and shall, in no
event, be again exempted therefrom by reason of said
manufacturing establishments or employment there-
Superin- in; all superintendents of public hospitals, lunatic
tendents of . .
hospitals, asylums, and the regular physicians, nurses, and at¬
tendants therein, and the teachers employed in the
Apotheca- institutions for the deaf, dumb, and blind; in each
nes' apothecary-store, now established and doing business,
one apothecary in good standing, who is a practical
apothecary; superintendents and operators in wool
and cotton factories, paper-mills, and superintendents
and managers of wool-carding machines, who may be
exempted by the Secretary of War: Provided, The
profits of such establishments shall not exceed seven¬
ty-five per centum upon the cost of production, to be
determined upon oath of the parties, subject to the
same penalties for violation of the provisions herein
contained as are hereinbefore provided in case of
other manufactories and mechanical employments;
Teachers. all presidents and teachers of colleges, academies,
schools, and theological seminaries, who have been
regularly engaged as such for two years previous to
the passage of this act; all artisans, mechanics, and
Employees employees in the establishments of the government
for the man- 1 J 0
nfactureof for the manufacture of arms, ordnance, ordnance
arms, etc.
stores, and other munitions of war, saddles, harness,
and army supplies, who may be certified by the offi¬
cer in charge thereof as necessary for such estab¬
lishments ; also, all artizans, mechanics, and employ¬
ees in the establishments of such persons as are or
may be engaged under contracts with the government
in furnishing arms, ordnance, ordnance stores, and
Proviso. other munitions of war: Provided, That the Chief of
the Ordnance bureau, or some ordnance officer author¬
ized by him for the purpose, shall approve of the
number of the operatives required in such establish¬
ments; all persons employed in the manufacture of
arms or ordnance of any kind by the several states,
or by contractors to furnish the same to the several
state governments, whom the governor or secretary
MILITARY LAWS.
75
of state thereof may certify to be necessary to the
same; all persons engaged in the construction of ships, ship-buiid-
gunboats, engines, sails, or other articles necessary to
the public defence, under the direction of the Secreta¬
ry of the Navy; all superintendents, managers, me¬
chanics, and miners employed in the production and Miners of
„ , rti i « salt, iron,
manufacture of salt to the extent of twenty bushels and lead,
per day, and of lead and iron, and all persons engaged
in burning coke for smelting and manufacture of iron,
regular miners in coal-mines, and all colliers engaged
in making charcoal for making pig and bar iron, not
to embrace laborers, messengers, wagoners, and ser¬
vants, unless employed at works conducted under the
authority and by the officers or agents of a state, or
in works employed in the production of iron for the
Confederate States; one male citizen for every five
hundred head of cattle, for every two hundred and stoek-rais-
fifty head of horses or mules, and one shepherd for eis'
every five hundred head of sheep, of such persons as
are engaged exclusively in raising stock: Provided,
There is no white male adult not liable to do military
duty engaged with such person in raising said stock;
to secure the proper police of the country [one person,
either as agent, owner, or overseer on each plantation owners or
. . overseers oi
on which one white person is required to be kept by plantations
,, , . n , ... of twenty
the laws or ordinances ot any state, and on which negroes,
there is no white male adult not liable to do military
service, and in states having no such law, one person
as agent, owner, or overseer on each plantation of
twenty negroes, and on which there is no white male
adult not liable to military service : And, furthermore,
For additional police for every twenty negroes on two
or more plantations, within five miles of each other,
and each having less than twenty negroes, and on
which there is no white male adult not liable to mili¬
tary duty, one person, being the oldest of the owners
or overseers on such plantations*]; and such other
persons as the President shall be satisfied, on account
of justice, equity, or necessity, ought to be exempted,
* Repealed, see 183.
76
MGKST OF
are hereby exempted from military service in the
armies of the Confederate States; and also a regiment
raised under and by authority of the State of Texas,
for frontier defence, now in the service of said state,
while in such service : Provided, further, That the ex¬
emptions herein above enumerated and granted here-
Duration of by, shall only continue while the persons exempted
exemptions. 4. n j • 4.1, • 4.- -4.
are actually engaged m their respective pursuits or
occupations.
ibid,§ 2 182. That the act entitled "An act to exempt cer-
Repeal of ...
Exemption tain persons from enrolment for service in the armies
act of April
21,1862. of the Confederate States " [180], approved the twen¬
ty-first of April, eighteen hundred and sixty-two, is
hereby repealed.
]fiych so863 80 mach °f the act approved October
[Repealed; eleventh, one thousand eight hundred and sixty-two,
see 189.] ' J '
Repeal of so as exempts from military service " one person, either
much of the A
act of Oct. as agent, owner, or overseer on each plantation on
11 1862 as
reiatestothe which one white person is required to be kept by the
exemption .
of persons laws or ordinances of any state, and on which there
tions.anta is no white male adult not liable to military service,
and in states having no such law, one person as agent,
owner, or overseer on each plantation of twenty
negroes, and on which there is no white male adult
not liable to military service," and also the following
clause in said act, to wit: "And furthermore, for addi¬
tional police for every twenty negroes on two or
more plantations, within five miles of each other, and
each having less than twenty negroes, and on which
there is no white male adult not liable to military
duty, one person, being the oldest of the owners or
overseers on such plantations," be and the same arc
hereby repealed.
ibid. \ 2. 184. For the police and management of slaves, there
For the 1 & '
police and shall be exempted one person on -each farm or planta-
manage- A A A
ment of tion, the sole property of a minor, a person of unsound
mind, a feme-sole, or a person absent from home in
the military or naval service of the Confederacy, 011
which there are twenty or more slaves: Provided,
The person so exempted was employed and acting as
an overseer previous to the sixteenth of April, one
MILITARY LAWS.
77
thousand eight hundred and sixty-two, and there is
no white male adult on said farm or plantation who
is not liable to military duty—which fact shall be
verified by the affidavits of said person and two
respectable citizens, and shall be filed with the enroll¬
ing officer: And provided, The owner of such farm or
plantation, his agent or legal representative, shall make
affidavit and deliver the same to the enrolling officer,
that, after diligent effort, no overseer can be procured
for such farm or plantation not liable to military
duty: Provided, further, That this clause shall not
extend to any farm, or plantation on which the
negroes have been placed by division from any other
farm or plantation since the eleventh day of October,
one thousand eight hundred and sixty-two : Provided,
further, That for every person exempted as aforesaid,
and during the period of such exemption, there shall
be paid annually into the public treasury, by the own¬
ers of such slaves, the sum of five hundred dollars.
185. Such other persons shall be exempted as the ™d>t|3-
President shall be satisfied ought to be exempted in auction of °
districts of country deprived of white or slave labor vSons.rpr°
indispensable to the production of grain or provisions
necessary for the support of the population remaining
at home, and also on account of justice, equity, and
necessity.
186. In addition to the state officers exempted by ibid, §4.
Stdrtd officers
the act of October eleventh, one thousand eight hun- exemptedby
dred and sixty-two [181], there shall also be exempted oregovein
all state officers whom the governor of any state may
claim to have exempted for the due administration of
the government and laws thereof; but this exemption
shall not continue in any state after the adjournment
of the next regular session of its legislature, unless
such legislature shall, by law, exempt them from
military duty in the Provisional Army of the Confed¬
erate States.]
187. That the contractors for carrying the mails of i^gi,
the Confederate States shall be exempt from the per- contractus!1
formance of military duty in the armies of the Con¬
federate States from and after the passage of this act,
78
DIGEST OF
during the time they are such contractors: Provided,
That no more than one contractor shall be exempt on
any one route, and that no more than one member of
any firm of contractors shall be exempt, and no con¬
tractor on any route of less than ten miles in length,
and on which the mail is carried on horse, shall be
exempt under this act; and if one or more members
of any such firm be exempt, from age or other cause,
from the performance of military duty, the other
member or members of such firm shall not be exempt
by this act on account of being mail contractors:
And provided, further, That no person to whom a con¬
tract for carrying the mails maj7' be transferred, with
the consent of the Postoffice department, after the
passage of this act, shall be exempt from military ser¬
vice on that account.
ibid, §2. 188. That the drivers of post-coaches and hacks for
Drivers of A
maii-coa.ehes carrying the mails, on all routes where the weight of
the mails requires that they should be carried in
coaches or hacks, shall be exempt from military ser¬
vice in the armies of the Confederate States, from and
after the passage of this act, so long as they continue
to be employed as such drivers: Provided, The con¬
tractor by whom any such driver is employed shall
take and subscribe an oath, to be furnished to the en¬
rolling officer, that the weight of the mails on his
route requires the use of coaches or hacks for their
conveyance, and that ho has not a greater number of
drivers employed in his service than are indispensable
to enable him to fulfil his contract for carrying the
mails, and that he will not, while a contractor, employ
a greater number of drivers than may be indispensa¬
bly necessary for that purpose, and that he will give
notice to the enrolling officer when any such driver
ceases to be in his employment.
flo'.ch1^4, That all laws granting exemptions from mili-
forinor laws ^ary 801'vicc be and the same are hereby repealed, and
hereafter none shall be exempted except the follow¬
ing :*
* For persons exempt on account of religious opinions, see 168.
MILITARY LAWS.
79
I. All who shall be held unfit for military service, who exempt
J 7 from service.
under rules to be prescribed by the Secretary of War. Persons unfit
1 J •'for service.
II. The Vice-President of the Confederate States; certain con-
federate and
the members and officers of Congress and of the several state officers
State Legislatures, and such other Confederate and
State officers as the President or the G-overnors of the
respective states may certify to be necessary for the
proper administration of the Confederate or State
governments, as the case may be.
III. Every minister of religion authorized to preach Ministers of
^ ° religion,
according to the rules of his church, and who, at the editors, etc.,
passage of this act, shall be regularly employed in the
discharge of his ministerial duties; superintendents
and physicians of asylums of the deaf!, dumb, and
blind, and of the insane; one editor for each news¬
paper being published at the time of the passage of
this act, and such employees as said editor may certify
on oath to be indispensable to the publication of such
newspaper; the public printer of the Confederate and
State governments, and such journeymen printers as
the said public printer shall certify on oath to be in¬
dispensable to perform the public printing; one skilled
apothecary in each apothecary-store, who was doing
business as such apothecary on the tenth day of Octo¬
ber, eighteen hundred and sixty-two, and has con¬
tinued said business, without intermission, since that
period; all physicians over the age of thirty years,
who now are, and for the last seven years have been,
in the actual and regular practice of their profession—
but the term physician shall not include dentists; all
presidents and teachers of colleges, theological semi¬
naries, academies, and schools, who have been regularly
engaged as such for two years next before the passage
of this act: Provided, That the benefit of this ex¬
emption shall extend to those teachers only whose
schools are composed of twenty students or more; all
superintendents of public hospitals, established by law
before the passage of this act, and such physicians and
nurses therein as such superintendent shall certify on
oath to be indispensable to ihe proper and efficient
management thereof.
80
DIGEST OF
IY. There shall be exempt one person as overseer
or agriculturist on each farm or plantation upon which
there are now, and were, upon the first day of Jan¬
uary last, fifteen able-bodied field-hands between the
ages of sixteen and fifty, upon the following condi¬
tions : 1. This exemption shall only be granted in
cases in which there is no white male adult on the
farm or plantation not liable to military service, nor
unless the person claiming the exemption was, on the
first day of January, eighteen hundred and sixty-four,
either the owner and manager or overseer of said
plantation; but in no case shall more than one person
be exempted for one farm or plantation. 2. Such per¬
son shall first execute a bond, payable to the Confeder¬
ate States of America, in such form, and with such
security, and in such penalty, as the Secretary of War
may prescribe, conditioned that he will deliver to the
government, at some railroad depot, or such other
place or places as maybe designated by the Secretary
of War, within twelve months then next ensuing, one
hundred pounds of bacon, or, at the election of the
government, its equivalent in pork, and one hundred
pounds of net beef (said beef to be delivered on foot)
for each able-bodied slave on the farm or plantation
within the above said ages, whether said slaves be
worked in the field or not; which said bacon or pork
and beef shall be paid for by the government at the
prices fixed by the commissioners of the state under
the Impressment act: Provided, That when the person
thus exempted shall produce satisfactory evidence
that it has been impossible for him, by the exercise of
proper diligence, to furnish the amount of meat thus
contracted for, and leave an adequate supply for the
subsistence of those living on said farm or plantation,
the Secretary of War shall direct a commutation of
the same to the extent of two-thirds thereof in grain
or other provisions, to be delivered by such person as
aforesaid, at equivalent rates. 3. Such person shall
further bind himself to sell the marketable surplus of
provisions and grain now on hand, and which he may
raise from year to year, while his exemption continues,
MILITARY LAWS.
81
to the government or to the families of soldiers, at
prices fixed by the commissioners of the state under
the Impressment act: Provided, That any person, ex¬
empted as aforesaid, shall be entitled to a credit of
twenty-five per cent, on any amount of meat which he
may deliver within three months from the passage of
this act: Provided, further, That persons coming within
the provisions of this exemption shall not be deprived
thereof by reason of having been enrolled since the
first day of February, eighteen hundred and sixty-four.
In addition to the foregoing exemptions, the Secre- Exemption
o n i it- t» or details foi
tary of War, under the direction of the President, may production
exempt or detail such other person as he may be satis- provisions,
fied ought to be exempted on account of public neces¬
sity, and to insure the production of grain and pro¬
visions for the army and the families of soldiers. He
may also grant exemptions or details on such terms as
he may prescribe, to such overseers, farmers, or plant¬
ers as he may be satisfied will be more useful to the
country in the pursuits of agriculture than in the
military service: Provided, That such exemptions shall
cease whenever the farmer, planter, or overseer shall
fail diligently to employ, in good faith, his own skill,
capital, and labor exclusively in the production of
grain and provisions, to be sold to the government
and the families of soldiers at prices not exceeding
those fixed at the time for like articles by the commis¬
sioners of the state under the Impressment act.
Y. The president, treasurer, auditor, and superin- officers and
A employees of
tendent of any railroad company engaged in trans- certanraii-
*' /*» road compa-
portation for the government, and such officers and nies.
employees thereof as the president or superintendent
shall certify on oath to be indispensable to the efficient
operation of such railroad: Provided, That the number
of persons exempted by this act on any railroad shall
not exceed one for each mile of such road in actual
use for military transportation, and said exempts shall
be reported by name and description, with the names
of any who may have left the employment of said
company, or who may cease to be indispensable to the
efficient operation of its road, at least once a month,
6
82
DIGEST OF
to the Secretary" of War, or such officer as he may
designate for that purpose : And provided, further, That
such president or superintendent shall, in each such
monthly report, certify on oath that no person liable
to military service has been employed by his company
since the passage of this act, in any position in which
it was practicable to employ one not liable to military
service, and capable of performing efficiently the
duties of such position. And in cases where railroads
have fallen into the hands of the enemy, and a portion
of the rolling stock of such roads is being used on
other roads not in the enemy's hands, the president
and superintendent of said first-named roads shall be
exempt.
iiaii con- yp That nothing herein contained shall be con-
ractors. 0
strued as repealing the act approved April fourteenth,
eighteen hundred and sixty-three, entitled an act to
exempt contractors for carrying the mails of the Con¬
federate States, and the drivers of post-coaches and
hacks [187, 188] from military service: Provided,
That the exemptions granted under this act shall only
continue whilst the persons exempted are actually
engaged in their respective pursuits or occupations.
XIII. Rendezvous.
Oct. ii,i862 190. That there shall be established in each county,
g 1, ch. 41. . . . .
For exami- parish, or district, and in any city in a county, parish,
nation of ., , , . - .
persons or district m the several states, a place 01 rendezvous
for the persons in said county, district, parish, or city
enrolled for military duty in the field, who shall be
there examined by one or more surgeons, to be em¬
ployed by the government, to be assigned to that duty
by the President, on a day of which ten days' notice
shall be given by said surgeon, and from day to day
next thereafter, "until all who shall be in attendance
for the purpose of examination shall have been exam¬
ined ; and the decision of said surgeons, under regula¬
tions to be established by the Secretary of War, as to
the physical and mental capacity of any such person
for military duty in the field, shall be final; and those
only thus ascertained to be fit for military duty in the
MILITARY LAWS.
83
field shall be required to assemble at camps of instruc¬
tion [176].
191. There shall be assigned to each congressional n>id,\i.
,..., , , i-iii B°ard of ex-
district in the several states three surgeons, who shall animation,
constitute a board of examination in such district for
the purpose specified in the foregoing section, any one
or more of whom may act at any place of rendezvous
in said district.
192. When it shall appear to any surgeon attending ibid, j 3.
such place of rendezvous, by the certificate of a respect- enrolled par¬
able physician resident in that county, district, parish, account of
or city in a county, parish, or district, that any enroll- nes8-
ed person therein is unable to attend on account of
sickness, it shall be the duty of said surgeon to file
said certificate with the commandant of the nearest
camp of instruction; and if the person named therein
shall not, within a reasonable time, report himself for
examination at said camp of instruction, or his con¬
tinued disability certified by the certificate of a re¬
spectable physician of his county, city, district, or
parish, he shall be held liable as absent without leave
of his commanding officer.
XIV. Local Defence and Special Service.
193. That the President be and he is hereby author- Aug.2i.i86i
J 21. ch. 28.
ized to accept the services of volunteers of such kind' Defence of
i i t exposed
and in such proportion as he may deem expedient, to localities,
serve for such time as he may prescribe, for the de¬
fence of exposed places or localities, or such special
service as he may deem expedient.
194. And such forces shall be mustered into the ser- iwd, 2 2.
Muster-roll
vice of the Confederate States, for the local defence or to set forth
• • -i-i n • the services,
special service aforesaid, the muster-roll setting forth
distinctly the services to be performed; and the said
volunteers shall not be considered in actual service
until thereunto specially ordered by the President.
And they shall be entitled to pay or subsistence only pay.
for such time as they may be on duty under the orders
of the President or by his direction.
195. Such volunteer forces, when so accepted and ibid, 23.
ordered into service, shall be organized in accordance izedL°rgan
*
84
DIGEST OF
with and subject to all the provisions of the act en¬
titled "An act to provide for the public defence,"
approved March 6, 1861 [91, 92, 95, 96], and may be
attached to such divisions, brigades, regiments, or
battalions as the President may direct, and when not
organized into battalions or regiments before being
Field-officers mustered into service, the President shall appoint the
field-officers of the battalions and regiments when
organized as such by him.
Oct.^13,1862 196. That for the purpose of local defence in any
Companies portion of the Confederate States, any number of per-
composed of . . , .i n
persons not sons not less than twenty, who are over the age oi
military forty-five years, or otherwise not liable to military
duty" duty, may associate themselves as a military company,
elect their own officers, and establish rules and regu¬
lations for their own government, and shall be con¬
sidered as belonging to the Provisional Army of the
Confederate States, serving without pay or allow¬
ances, and entitled, when captured by the enemy, to
Muster-roii. all the privileges of prisoners of war: Provided, That
such company shall, as soon as practicable, transmit
their muster-roll, or a list of the names of the officers
and privates thereof, to the governor of the state, the
commanding general of the department, or any brig¬
adier-general in the State or Confederate service, to
be forwarded to the Secretary of War; but the Presi¬
dent or the commander of the military district may,
Persons of at any time, disband such companies: Provided, That
any age m •/ / x ?
certain in the states and districts in which the act entitled
states may
form part of "An act to further provide for the public defence,"
nies. °°mpa approved April the sixteenth, eighteen hundred and
sixty-two [143,145], and the acts amendatory thereof,
have been suspended, persons of any age, resident
within such states or districts, may volunteer and
form part of such companies so long as such suspen-
oathofaiie- sion may continue: Provided, That no person shall
giance.
become a member of said company until he shall have
first taken the oath of allegiance to the Confederate
States of America, in writing, a copy of which shall
be filed with the muster-roll of said company as above
prescribed.
MILITARY LAWS.
85
197. That the President be and he is hereby author- March 6,
, , 1861.110,
ized to purchase or charter, arm, equip, and man such ch. 26.
merchant vessels and steamships or boats as may be vessels for
found fit or easily converted into armed vessels, and and general
in such number as he may deem necessary for the
protection of the seaboard and the general defence of
the country.
198. That the President be and he is hereby author- Jan.u,i862
n , . , ch. 39.
ized to raise a corps tor the temporary and special corps for
service on the western waters, to cause to be enlisted the western
a number of men not exceeding six thousand, and of
such commissioned and non-commissioned officers,
and of such rank, either naval or military, as the Pres¬
ident may deem necessary, who shall severally re¬
ceive such pay and allowances as he may determine.
199. That the President be and he is hereby author- A«g.3o,i86i
ized to cause such floating defences as he may deem Bloating de-
best adapted to the protection of the Mississippi river protection of
against a descent of iron-plated steam gunboats, to be river. ^
constructed or prepared with the least possible delay.
200. That the sum of one million and two hundred March 24,
1862, \ 1,
thousand dollars is hereby appropriated for the further ch. 8. Ap-
defence of the Bay of Mobile and the Alabama river, for defence
to be expended at the discretion of the President, by MobUe.°f
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.
201. That the President is hereby authorized to ibid, ?2.
raise a corps for the temporary and special service fence of Bay
provided for in the first section of this act in the Bay and Aiaba-
of Mobile and the Alabama river, consisting of a num- manve1,
ber of men not exceeding six thousand men, 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 allowance,
as he may determine.
DIGEST OF
XV. Quartermaster,* Commissary, and Medical
Departments.
(.See Regular Army.')
202. That when volunteers or militia are called into
the service of the Confederate States in such numbers
"tonal offi ^ie °fficers of the Quartermaster, Commissary,
ceis for ser- and Medical departments which may be authorized by
vice with in,, m
militia or law for the regular service, are not sufficient to provide
volunteers. ,
tor the supplying, quartering, transporting, and fur¬
nishing them with the requisite medical attendance, it
shall bo lawful for the President to appoint, with the
advice and consent of the Congress, as many additional
officers of said departments as the service may require,
not exceeding one commissary and one quartermaster
for each brigade, with the rank of major, and one as¬
sistant quartermaster with the rank of captain, one
assistant commissary with the rank of captain, one
surgeon and one assistant surgeon for each regi¬
ment; the said quartermasters and commissaries, as¬
sistant quartermasters and commissaries, to give bonds,
with good sureties, for the faithful performance of their
duties—the said officers to be allowed the same pay and
emoluments as shall bo allowed to officers of the same
grade in the regular service, and to be subject to the
Bules and Articles of War, and to continue in service
only so long as their services may be required in con¬
nection with the militia or volunteers.
Feb. i5,is62 203. That in addition to the number of quartermas-
ch. 80. ^
Additional ters, assistant quartermasters, commissaries, and assist-
quartermas- ' A
ters and ant commissaries now allowed by law, the President
commissa-
vies for per- shall have authority to appoint as many of said officers
nianent . J . , , , '
posts and as shall, in his discretion, be deemed necessary atper-
depots. . .
manent posts and depots—said appointments to termi¬
nate at the close of the war, or sooner, if the services
of the officer can be advantageously dispensed with :
LP rovided [20-t], That no quartermaster, assistant quar¬
termaster, commissary, or assistant commissary be au¬
thorized to employ a clerk; but the commanding offi-
86
March 6,
1861. \ 9,
cli. 26.
Apnoint-
* Quartermasters empowered to administer oaths in certain cases, 379. Quar¬
termasters to make deduction from pay for absence without, leave, 326.
MILITARY LAWS.
87
cer of quartermasters, assistant quartermasters, com¬
missaries, or assistant commissaries shall detail from
the ranks under his command such person or persons
as may be necessary for service in the offices of said
quartermasters, assistant quartermasters, commissa¬
ries, and assistant commissaries.]
204. That the act entitled " An act to provide for an April 22,
increase of the Quartermaster and Commissary de- 36.
partments " [208], approved February fifteenth, eigh- liable to
teen hundred and sixty-two, be and the same is here- vice not to
by amended by striking out the proviso at the end of as clerks,
the same, and inserting in lieu thereof the following :
Provided, That no quartermaster, assistant quarter¬
master, commissary, or assistant commissary be au¬
thorized to employ as a clerk any one liable to military
service; and the commanding officer of quartermas¬
ters, assistant quartermasters, commissaries, or assist¬
ant commissaries may detail from the ranks under his
command such person or persons as may be necessary
for service in the offices of said quartermasters, assist¬
ant quartermasters, commissaries, and assistant com¬
missaries: Provided, That only disabled soldiers shall Details for
be so detailed, while one can be found for such service.
[172 est seq.~\
205. That all surgeons, assistant surgeons, quarter- Dec. i8,i86i
masters, commissaries, and assistant quartermasters Date of rank
and commissaries, appointed and commissioned in the an pay'
Provisional Army, and who may have commenced their
service before receiving their commissions, shall be en¬
titled to take rank and receive pay from the date when
they actually commenced to perform their respective
duties with troops in the service of the Confederacy.
[See, also, 387.]
206. That the Secretary of War be and he is hereby Jan. 15,1862
. . ch. 40.
authorized to audit and settle the claims of all assist- settlement
. ii0^ claims.
ant quartermasters-general, commissaries-general, and
surgeons, who discharged the duties of said offices from
the date of the transfer of the battalions or regiments
to which they were attached, to the time of the ap¬
pointment of their successors by the Confederate gov-
88
DIGEST OF
eminent: Provided, Said officers held commissions
from their respective states, and discharged the duties
of said offices under said commissions, and no other
officers during the time were appointed or discharged
the duties of the same.
Aug. 14,1861 207. That the President be and he is hereby author-
ch. 21. J
surgeons for iZed to appoint in the Provisional Army as many sur-
hospitals. 1 1 . J . , . i
geons and assistant surgeons, for the various hospitals
of the Confederacy, as may be necessary,
fi^ch 6i63 ^e °ffice °f regimental commissary be
office of regi- and the same is hereby abolished, and the duties here-
mental corn- "
missary tofore devolved by law upon said commissary shall be
abolished. , 1
performed by the regimental quartermaster : Provided,
That said quartermaster shall, if required by the Sec¬
retary of War, execute a new bond, with such addi¬
tional penalty as he may require,
ibid, ? 2. 209. That the commanding officer of a regiment or
se°rgeaut.aiy battalion shall, when the good of the service in bis
opinion requires it, detail a non-commissioned officer
or private as commissary-sergeant, who shall be as¬
signed to the regimental quartermaster to perform the
duties now performed by commissary-sergeants, and
the non-commissioned officer or private so detailed
shall receive as extra pay twenty dollars per month,
ibid,23. 210. That the regimental quartermasters acting as
Supplies; ... .. .
how drawn commissaries shall draw supplies for their respective
by regimen¬
tal quarter- regiments on provision returns, form fourteen, and not
masters act- .
ingascom- in bulk; and when detached irom their brigades, so
missanes.
that it is impracticable to draw supplies from the bri¬
gade commissary, it shall be the duty of the nearest
brigade or post commissary to supply his regiment on
provision return fourteen,
ibid,24. 211. Sales to officers shall be made by the brigade
to be'made, commissaries to which such officers are attached,
ibid,25. 212. That quartermasters and commissaries, assist-
masters and ant quartermasters and assistant commissaries who
ries perma- become permanently detached from divisions, brigades,
tached.d6~ or regiments to which they are originally appointed
and assigned respectively, whether by resignation or
otherwise, shall cease to be officers of the army, and
their names shall be dropped from the rolls of the army
MILITARY LAWS.
89
unless reassigned by a special order of the Secretary
of War.
213. That it shall be the duty of the Secretary of ibid,?6.
War to issue the necessary orders for the earliest prac- issued by
tical enforcement of the provisions of this law, and War?tary °
that he shall communicate to the Chiefs of the Subsist¬
ence and Quartermaster's bureaus the names of the
commissaries and assistant commissaries, quartermas¬
ters and assistant quartermasters retained and drop¬
ped from the rolls under this act.
214. That all laws and parts of laws contravening ibid, §7.
. .. /. i • i ii ii Repeal of
the provisions of this act be and the same are hereby conflicting
repealed.
215. That no officer charged with the safe-keeping, ^f^'gf63
transfer, or disbursement of public moneys shall con- Public
' 1 ^ moneys not
vert to his own use, or invest in any kind of property to be invest
J ed in proper-
or merchandize, on private account, or lend, with or tyonprivate
account, nor
without interest, any portion of the public moneys en- loaned,
trusted to him for safe-keeping, transfer, disbursement,
or any other purpose.
216. That no officer charged with the safe-keeping, t
transfer, or disbursement of public moneys, or charged to tra,ffic n?r
' *■ J ' ° speculate m
with or assigned to the duty of purchasing for the ^clecslo°t^
government, or any department thereof, shall buy,
trade, traffic, or speculate in, either directly or indi- etc.
rectly, for the purpose of gain to himself or others, by
resale or otherwise, any article of food or clothing, or
material of which the same is made, or which enters
into or constitutes a part of the same, or any material
of war or article whatsoever which is or may be re¬
quired to be purchased for the use of the army or the
prosecution of the war.
217. No officer shall take a receipt in blank for any ibid. ? 3.
Receipts ia
article or articles purchased by him for the govern- biank^pro-
ment or any department thereof; and every receipt whatre-
... „ . . , . -. , , ceipts shall
shall set forth the true amount paid, ana on what ac- state,
count; and when payment is made on account of prop¬
erty purchased, the receipt shall set forth the name of
the person from whom such property was purchased,
and the place of his residence, the thing or things pur¬
chased by items, number, weight, or measurement, as
90
DIOKST OF
price
Ibid, \ 4.
Transporta¬
tion of pri¬
vate proper¬
ty.
Ibid. \ 5.
Penalty on
conviction
before a
court-mar¬
tial or mili¬
tary court.
Ibid, I 6.
Indictment,
fine, and
imprison¬
ment.
Civil remedy
Peace offi¬
cers to have
power of
commitment
may be customary in the particular case, the
thereof, and the date of payment.
218. No officer who is in charge of transportation,
or who is empowered to grant the same, shall forward
hy government conveyance, or at the expense of
government, or to the exclusion or delay of govern¬
ment freight, any commodity or property of any kind,
unless the same belongs to the government or some
department thereof, except as authorized by law.
219. Any officer who shall violate any provision in
the foregoing sections shall, upon a conviction before
a court-martial or military court, be cashiered, and
placed in the ranks as a private, to serve during the
war: Provided, That nothing herein contained shall
impair the civil remedy which the government may
have against any officer or his sureties for fraud, pecu¬
lation, or misapplication of the public moneys entrust¬
ed to him by the government.
220. That any person in the employment or service
of the government as aforesaid, and all other persons
coming within the purview of this act, who shall vio¬
late any of the provisions of the foregoing sections,
shall be liable to indictment, and fined in a sum not
less than one thousand dollars, and imprisoned not less
than one year nor longer than five years, to be im¬
posed by the judge or jury trying the cause, according
to the course of judicial proceeding in force in the sev¬
eral states : Provided, The provisions of this act shall
in nowise interfere with or impair the civil remedy
which the government may have against any of said
officers, or their securities or employees, for frauds,
peculations, or misapplication of the moneys entrusted
to them respectively by the Confederate States : Pro¬
vided, also, That all conservators of the peace, who,
by the laws of the several states, have jurisdiction to
commit or bind over offenders for breaches of the crim¬
inal laws of the state in which they may reside, shall
have power to commit or bind over, in a sufficient re¬
cognizance, offenders against the provisions of this law,
to appear at the next term of the district court of the
Confederate States within the jurisdiction of which
MILITARY LAWS.
91
the offence was committed, for trial, in the same man¬
ner and under the same rules as if such preliminary
trial were had before the judge of such district court;
and the judges of the Confederate courts having juris- Charge to
diction of the offences defined by this act shall, at the e'a"d juneS
commencement of each session of their respective
courts, give this act and its provisions specially in
charge to the different grand juries [35],
XVI. Supplies, Clothing,* and Provisions.
221. That said volunteers ["881 shall furnish their March 6,
i , i •« , . • , 1861- § 3»
own clothes, and, if mounted men, their own horses <=h. 26.
and horse equipments; and, when mustered into ser- to furnish
vice, shall be armed by the states from which they clothing.11
come, or by the Confederate States of America.
222. That said volunteers shall, when called into ibid.? 4.
actual service, and while remaining therein, be subject lfeuofm
to the Bules and Articles of War; and instead of cloth- clothing-
ing, every non-commissioned officer and private in any
company shall be entitled, when called into actual ser¬
vice, to money in a sum equal to the cost of clothing
of a non-commissioned officer or private in the regular
army of the Confederate States of America [226].
223. That the fourth section of the act of March 6, May2i,i86i
' 32, ch. 39.
1861, 11 to provide for the public defence " [222], be Twenty^ne
amended as follows, viz : That there shall be allowed Ueuof six
to each volunteer, to be paid to him on the first muster clothing,
and pay rolls after being received and mustered into
the service of the Confederate States, the sum of
twenty-one dollars, in lieu of clothing for six months
[226] ; and thereafter the same allowance in money
at every subsequent period of service for six months in
lieu of clothing: Provided, That the price of all cloth- Price of
ing in kind received by said volunteers from the Con- ceivedtobo
federate States government shall be deducted first from
the money thus allowed; and if that sum be not suffi¬
cient, the balance shall be charged for stoppage on the
muster and pa}7 rolls; and that all accounts arising
* For clothing for the sick and wounded in hospitals, see 410. Yearly allowance
of clothing to enlisted men, 79.
92
DIGEST OF
Aug. 30,1861
i 1. ch. 51.
Clothing to
be furnished
to the entire
forces of the
Confederate
States.
Clothing
furnished by
the states to
be paid for.
Ibid, I 2.
Clothing
when fur¬
nished b3'
the troops.
Oct. 8,1862
ch. 30.
Law provid¬
ing commu¬
tation for
clothing re¬
pealed.
Clothing in
kind.
Oct. 8, 1862
11. ch. 31.
Importa¬
tions of ma¬
chinery and
materials for
manufacture
of clothing
or shoes.
Ibid, 2 2.
Machinery
may be
from contracts, agreements, or arrangements for fur¬
nishing clothing to volunteers, to be duly certified by
the company commander, shall be paid out of the said
semi-annual allowance of money.
224. That the Secretary of War be and he is hereby
authorized and required to provide, as far as possible,
clothing for the entire forces of the Confederate States,
and to furnish the same to every regiment or compa¬
ny upon the requisition of the commander thereof, the
quantity, quality, and kind thereof to be established
by regulation of the department, to be approved by
the President; and in case any state shall furnish to
its troops and volunteers in the Confederate service
such clothing, then the Secretary of War is required
to pay over to the governor of such state the money
value of the clothing so furnished.
225. The commander of every volunteer company
shall have the privilege of receiving commutation for
clothing at the rate of twenty-five dollars per man for
every six months, when they shall have furnished their
own clothing.
226. That so much of the existing law [223] as pro¬
vides commutation for clothing to the soldiers in the
service of the Confederacy, be and the same is hereby
repealed; and hereafter the Secretary of War shall
provide in kind to the soldiers, respectively, the uni¬
form clothing prescribed by the regulations of the
Army of the Confederate States; and should any bal¬
ance of clothing be due to any soldier at the end of
the year, the money value of such balance shall be paid
to such soldier, according to the value of such clothing
fixed and announced by order from the War depart¬
ment.
227. That the President is hereby authorized to im¬
port, duty free, cards or card-cloth, or any machinery
or materials necessary for increasing the manufacture
of clothing for the army, or any articles necessary for
supplying the deficiency of clothing or shoes, or mate¬
rials for shoes for the army.
228. That any machinery, or parts of machinery, or
materials imported as aforesaid, may be worked on
MILITARY LAWS.
93
government account, or leased, or sold, at the discre-
tion of the President. sold.
229. That the President may extend the privileges ibid, §3.
of this act to companies or individuals, subject to such extended to
, •, ' companies
regulations as he may prescribe. or individu-
230. That the clothing required to be furnished to ibid, §4.
the troops of the Provisional Army under any exist- quaiityof
inglaw may be of such kind, as to color and quality, cloth,Ils-
as it may be practicable to obtain, any law to the con¬
trary notwithstanding.
231. That the President be and he is hereby author- Oct. 9,1862
ized, on the requisition of the Quartermaster-General, Detaii'o37'
to detail from the army persons skilled in the manu- manufacnire
facture of shoes, not to exceed two thousand in num- of shoes-
ber; and it shall be the duty of the Quartermaster-
General to place them, without delay, at suitable points,
in shops, under proper regulations prescribed by him,
and employ them diligently in the manufacture of
shoes for the army.
232. That soldiers detailed under the provisions of ibid, 32.
Pay.
this act shall be entitled to receive pay for extra duty,
and also thirty-five cents per pair for shoes manufact¬
ured by them severally, in addition to regular pay
and rations.
233. That there shall be allowed and paid to the April 30,
1 1863, § 1,
militia of any state who have been, or may hereafter ^51.
be, called into the service of the Confederate States, commnta-
under authority of existing laws, to. each private and clothing,
non-commissioned officer commutation for clothing for
the time of actual service, at the rate of forty-two dol¬
lars a year, up to the thirtieth day of August, eighteen
hundred and sixty-one, and after that date at the rate
of fifty dollars per annum, deduQting therefrom the
value of any clothing which may have been issued
them, or commutation therefor which may have been
allowed them.
234. All claims for commutation under authority of ibid,§2.
.... t Claims for
this act made by any of the militia who have been commnta-
heretofore paid, shall be settled by the Second Auditor, settled^
with the approval of the Comptroller of the Treasury.
94
digest of
285. That the sum of one million of dollars be and
lool, ch. 50.
Purchase of the same is hereby appropriated, out of any money in
steamer, and " 1 1 " »
leather8 °f Treasury not otherwise appropriated, for the pur-
shoes, etc. chase of a steamer, and such supplies of leather, shoes,
flannel, and woollen clothing and blankets for the use
of the troops in the service of the Confederate States
—the said appropriation to be expended under the di¬
rection of the President.
Aug. 3i,i86i 236. That the Secretary of War be and he is hereby
Res. 8.
Bread in lieu directed to furnish to such of our troops in the field as
of flour. ... . , ,
desire it, upon requisition made, and whenever practi¬
cable, in lieu of the usual ration of flour, an equivalent
of well-baked bread; to this end he is authorized to es¬
tablish bakeries in such numbers and at such points as
may be necessary, or to make contracts for the supply
of such bread.
Fresh vege- Resolved, That a daily ration of fresh vegetables be
tiibics.
furnish[ed] to all troops whenever the same can be
provided at reasonable cost and charges to the govern¬
ment.
Aug.31,1861 237. That the Secretary of War be authorized and
Private con- required to make all necessary arrangements for the
reception and forwarding of clothes, shoes, blankets,
and other articles of necessity that may be sent to the
army by private contribution.
Feb. 17,1864 238. That from and after the passage of this act all
Rations to commissioned officers of the armies, whilst on duty in
officeis. field, or in the naval service, whilst afloat, of the
Confederate States, shall be entitled to one ration in
kind each, in quantity and quality the same as are now
allowed by law to privates, and shall draw and receive
the same under such regulations as may be prescribed
by the Secretary of War.
ibid, §2. 239. All commissioned officers of the armies of the
clothing and Confederate States shall be allowed to purchase cloth-
cl0,h" ing and cloth for clothing from any quartermaster at
the price which it cost the government, all expenses
included: Provided, That no quartermaster shall be
allowed to sell to any officer any clothing which would
be proper to issue to privates, until all privates entitled
MILITARY LAWS.
95
to receive the same shall have been first supplied :
Provided, That the officer offering to purchase shall
give his certificate on honor that the articles are neces¬
sary for his own personal comfort and use, and in no
case shall more than one suit per annum be allowed to
be so purchased by an officer : Provided, That no law
or army regulation shall hereafter be construed to al¬
low an officer to purchase or draw from subsistence
stores more than one ration a day, or for less price
than the cost thereof, including transportation.
240. No officer under the rank of brigadier-general ibid, g 3.
shall hereafter be entitled to forage or commutation for as to forage,
forage for more than one horse, except when on ser¬
vice in the field.
241. That there shall be furnished to every enlisted Feb. 17,1864
man in the service of the Confederate States one ra- Rations of
tion of tobacco, under such regulations as the Secre- eniistedmen
tary of War may establish.
XVII. Transportation.*
242. When transportation can not be furnished in May2i,i86i
- ... T,T -it • 81*cl1-39-
kind, the discharged soldier shall be entitled to receive Mileage in
ten cents per mile in lieu of all travelling pay, subsist- eiiingpay,
ence, forage, and undrawn clothing, from the place of forage, and'
discharge to the place of his enlistment or enrolment, clothing,
estimating the distance by the shortest mail route, and
if there is no mail route, by the shortest practicable
route. The foi'egoing to apply to all officers, non-com¬
missioned officers, musicians, artificers, farriers, black¬
smiths, and privates of volunteers when disbanded,
discharged, or mustered out of service of the Confed¬
erate States; and it shall also apply to all volunteer
troops as above designated, when travelling from the
place of enrolment to the place of general rendezvous
* For transportation for men recruited for three years or the war, 106,132.
For officers authorized to raise commands, 107.
For re-enlisted twelve months' men, 121.
For state agents to visit troops, 346.
For hospital supplies. 409.
For sick and wounded soldiers, 414.
Of private property by persons in charge of government transportation, 218.
Of sick and wounded soldiers after discharge from hospital, 422,
90
DIGEST OF
Proviso. or p0int where mustered into service : Provided, That
nothing herein contained shall be so construed as to de¬
prive the mounted volunteers of the allowance of forty
cents a day for the use and risk of his horse, which
allowance is made from the date of his enrolment to
the date of his discharge, and also for every twenty
miles' travel from the place of his discharge to the place
of his enrolment.
Peb.7,1863 243. That non-commissioned officers and privates
2 1, ch. 2. 1
For persons who have been mustered into service for the war, and
to whom
turioughs to whom furloughs may be granted for not more than
have been . , .
allowed. sixty days, shall be entitled to transportation home
and back: Provided, That this allowance shall only he
made once during the term of enlistment of such non¬
commissioned officers and privates.
XYIII. Cooks and Nurses.
Aug. 21,1861
2 1, ch. 29.
Employ¬
ment of.
Ibid, 2 2.
Appropria¬
tion.
April 21,
1862, 2 1,
ch. 64.
Cooks for
the use of
companies;
their duties.
Ibid, 2 2.
Cooks may
be white or
black—free
or slave.
[See Hospitals, 411, 413.]
244. That the better to provide for the sick and
wounded, the Secretary of War is authorized to direct
the employment, when deemed necessary, of nurses
and cooks, other than enlisted men or volunteers—the
persons so employed being subject to military control,
and in no case to receive pay above that allowed to
enlisted men [75] or volunteers.
245. That there be appropriated for the pay of the
nurses and cooks provided for in the above section,
one hundred and thirty thousand dollars.
246. That hereafter it shall be the duty of the cap¬
tain or commanding officer of his company to enlist
four cooks for the use of his company, whose duty it
shall be to cook for such company—taking charge of
the supplies, utensils, and other things furnished
therefor, and safely keep the same, subject to such
rules and regulations as may be prescribed by the
War department or the colonel of the regiment to
which such company may be attached.
247. That the cooks so directed to be enlisted may
be white or black, free or slave persons: Provided,
however, That no slave shall be so enlisted without
MILITARY LAWS.
97
the written consent of his owner; and such cooks Pay-
shall be enlisted as such only, and put on the muster-
roll and paid at the time and place the company may
or shall be paid off, twenty dollars per month to the
chief or head-cook, and fifteen dollars per month for
each of the assistant cooks, together with the same
allowance for clothing, or the same commutation
therefor, that may be allowed to the rank and file of
the company [226].
XIX. Chaplains.
248. That there shall be appointed by the President May s,i86i
such number of chaplains, to serve with the armies of Appoint-'
the Confederate States during the existing war, as he
may deem expedient; and the President shall assign
them to such regiments, brigades, or posts as he may
deem necessary; and the appointments made as afore¬
said shall expire whenever the existing war shall ter¬
minate.
249.. The monthly pay of said chaplains shall be ™d, ?2.
[eighty-five dollars; and said pay shall be in full of all
allowances whatever] [251, 252].
250. That so much of the second section of the b61
ch. 22. Pay
above recited act as fixes the pay of chaplains in the red«ced.
army at eighty-five dollars be repealed, and that the
pay of said chaplains be [fifty dollars per month] [252].
251. That chaplains in the army be and they are Aug.3i.i86i
hereby allowed the same rations as privates. Rations.
252. That hereafter the pay of chaplains in the
army shall be eighty dollars per month, with rations p*?J^d
as now provided by law.
253. That chaplains in the army in actual service in Jan.22,i864
the field shall be entitled to draw forage for one horse: age allowed"
provided the chaplain has a horse in his use.
XX. Engineers and Engineer Troops.*
[See Engineers Regular Army, 50.]
254. That the President be and he is hereby author- Dec. 3i,i86i
ized to appoint officers of engineers in the Provisional po'intmen^
* For appointment of officers of engineer troops during recess of Senate, see 486.
7
98
DIGEST OK
and^mofu- Army, f° a number not exceeding fifty, and of rank
cersof°en^i" n°k higher than captain, whose pay [68] and emolu-
neers. ments shall be the same as those allowed for officers
of a like grade in the Permanent Army of the Con¬
federacy, and whose appointments shall expire at the
end of the pending war.
1862*ch 65 -^5. That the President be and ho is hereby author-
officers,ial lze(^ to aPP°infj with the advice and consent of the
Senate, an additional number of officers in the engi¬
neer corps of the Provisional Army, of a rank not,
higher than captain : Provided, That the whole corps
shall not exceed one hundred [257].
chP8'2Num2 ^at the officers of the engineer corps of the
ber of officers Provisional Army may have rank [50 et se^.] conferred
grade limit- on them during the war equal to that authorized by
law for the engineer corps of the Confederate States
Army: Provided, That the number of officers in each
grade be limited to one colonel, three lieutenant-
colonels, six majors, forty captains, thirty first lieu¬
tenants, and twenty second lieutenants [257].
fibch'6o64 ^^he ac^s approved twenty-first April,
officers°nal eighteen hundred and sixty-two [255]. and twenty-
third September, eighteen hundred and sixty-two
[256], regulating the increase and rank of the corps
of engineers of the Provisional Army, be amended to
read as follows: That the President be and he is here¬
by authorized to appoint, with the advice and consent
of the Senate, an additional number of officers in the
engineer corps of the Provisional Army: Provided,
That the whole corps shall not exceed one hundred
and twenty, and that the number of officers in each
grade be limited to three colonels, four lieutenant-
colonels, eight majors, forty-five captains, thirty-five
first lieutenants, and twenty-five second lieutenants.
March 20, 258. That* there shall be selected, in such manner
1863, § 1, '
ch. 7. one as the Secretary of War may direct, from each division
company of
engineer of infantry in service, one company of engineer troops,
each division to consist of one hundred men, chosen with a view to
of infantry. ^ejr raechanical 8kip an(j physical fitness, and that
* This act modified and amended. 269.
MILITARY LAWS.
99
the men assigned to such company shall be required
to serve in the same only during the balance of their
term of service respectively.
259. That each company shall consist of eight ser-
geants, seven corporals, forty artificers, and forty-five consist,
laborers, and that two musicians may be added.
260. That the commissioned officers of each com- ,I,bid> §3-.
Commission-
pany shall consist of one captain, one first lieutenant,
and two second lieutenants: and that the original vacancies;
; ° how filled.
vacancies in these companies shall be filled Ity the
transfer of officers of corresponding grade from the
engineer corps, if practicable, and where not, then
from the other corps, or from the line or staff of the
army, reference being always had to their qualification
as engineers, or by selection; hut no one shall be se¬
lected who is not now serving in or with the army,
unless he is a military or civil engineer.
261. That the companies shall be organized into ibid, ?4.
i i c i Organiza-
regiments of ten companies each, and that the held tioninto
and staff officers shall consist of one colonel, one lieu- sifiTand8'
tenant-colonel, one major, one adjutant with the rank
of first lieutenant, one quartermaster-sergeant [268],
and one sergeant-major; and that the original vacan- original
cies in the regiments shall be filled in the manner pro- how filled,
vided for filling the same in the companies by the
third section of this act [260]; and that the sergeant-
major and the quartermaster-sergeant shall be selected
from the enlisted men of the army.
262. That in each regiment two of the companies ibid, g 5.
. 111 Pontoniers.
shall be assigned to duty as pontoniers, and each be
furnished with a bridge train complete.
263. That the officer in charge of the Engineer ibid,} 6.
Wagons,
bureau, subject to the approval of the Secretary of pontons^
War, shall prescribe the number, form, and dimensions etc.'
of the wagons, pontons, trestles, tools, implements,
arms, and other necessaries for all the troops organ¬
ized by this act.
264. That vacancies in the established regiments, to ibid, §7.
and including the rank of colonel, shall be filled by established
promotion, regimentally, according to seniority, ex- howTiied.'
cept in case of disability or other incompetency.
100
DIGEST OF
Pay'ol offi- * r-Fhat the monthly pay of the engineer troops
eers. shall be as follows : Of a colonel, two hundred and ten
dollars; of a lieutenant-colonel, one hundred and
eighty-five dollars; of a major, one hundred and sixty-
two dollars; of a captain, one hundred and forty dol¬
lars; of a first lieutenant, one hundi-ed dollars; of a
second lieutenant, ninety dollars: and the adjutant
shall receive ten dollars per month in addition to his
pay as lieutenant [276].
Pay of enlist- ^66. That the pay of the enlisted men, per month,
edmen. shall be as follows: The sergeant-major and quarter¬
master-sergeant, each twenty-one dollars; sergeants,
thirty-four dollars; corporals, twenty dollars; artifi¬
cers, seventeen dollars; laborers and musicians, thir¬
teen dollars [277].
Mounted' ' ^at mounted engineer troops may be selected
troops. from the cavalry, and be organized according to the
provisions of this act, for engineer troops, as herein¬
before specified.
chb597'1864 ahove recited act [261] be so amended
Quartermas- that there shall be allowed to each regiment of engi-
ter-sergeants ° 0
neer troops two quartermaster-sergeants.
fib'ch7,75864 r-^at an ac^ provide and organize engineer
panyof" troops to serve during the war (approved twentieth
troops from March, one thousand eight hundred and sixty-three)
every twelve ' 0 -1
regiments of [258] be amended to read as follows: That there shall
infantry. u J
be selected, in such manner as the Secretary of War
may direct, from each division of infantry in service,
or from every twelve regiments when not formed into
divisions, one company of engineer troops, to consist
of one hundred men, chosen with a view to their
mechanical skill and physical fitness, and that the
men assigned to such company shall be required to
serve in the same only during the balance of their
term of service respectively. These companies may
be formed or recruited from conscripts and volunteers.
of'wiLt'to * ^ha^ each company shall consist of eight ser-
consist. geants, seven corporals, forty artificers, and forty-five
laborers, and that two musicians may be added,
commission- ^71. That the commissioned officers of each corn¬
ed officers. pany shall consist of one captain, one first lieutenant,
MILITARY LAWS.
101
and two second lieutenants, and that the original Original
• i u i „ Vacancies,
vacancies in these companies shall be filled by transfer
of officers of corresponding grade from the engineer
corps, if practicable, and where not, then from the
other corps, or from the line or staff of the army,
reference being always had to their qualification as
engineers, or by selection; but no one shall be selected
who is not now serving in or with the army, unless he
is a military or civil engineer.
272. That the companies shall be organized into ibid, g 4.
regiments of ten companies each, and that the field tioninto
and staff officers shall consist of one colonel, one lieu- egunents-
tenant-colonel, one major, one adjutant with the rank
of first lieutenant, one quartermaster-sergeant, and
one sergeant-major, and that the original vacancies in
the regiments shall be filled in the manner provided
for filling the same in the companies by the third
session [section] of this act.
273. That in each regiment two of the companies ibid, g 5.
shall be assigned to duty as pontoniers, and each be
furnished with a bridge train complete.
274. That the officer in charge of the Engineer ibid, g 6.
bureau, subject to the approval- of the Secretary of pontonsj
War, shall prescribe the number, form, and dimen¬
sions of the wagons, pontons, trestles, tools, imple¬
ments, arms, and other necessaries for all the troops
organized by this act.
275. That vacancies in the established regiments, to ibid, g 7.
and including the rank of captain, shall be filled by established11
promotion, regimentally, according to seniority, ex- reslments-
cept in case of disability or other incompetency. The
field-officers shall be appointed by selection from the
captains of the regiments or battalions, except in the
case of original appointment or vacancy caused by
promotion to original vacanc3T of higher rank.
276. That the monthly pay of the engineer troops ibid, g 8.
shall be as follows: Of a colonel, two hundred and ten cera.° °ffi"
dollars; of a lieutenant-colonel, one hundred and
eighty-five dollars; of a major, one hundred and sixty-
two dollars; of a captain, one hundred and forty dol¬
lars; of a first lieutenant, one hundred dollars; of a
DIGEST OF
second lieutenant, ninety dollars; anil the adjutant
shall receive ten dollars, per month in addition to his
pay as a lieutenant.
277. That the pay of the enlisted men, per month,
shall bo as follows : The sergeant-major and quarter¬
master-sergeant, each thirty-four dollars; sergeants,
thirty-four dollars; corporals, twenty dollars; artifi¬
cers, seventeen dollars; laborers and musicians, thh'-
teen dollars.
278. The mounted engineer troops may be selected
from the cavalry, and be organized according to the
provisions of this act, for engineer troops, as herein¬
before specified.
279. Officers of the engineer corps and of the engi¬
neer troops of the Provisional Army, of equal rank,
may, with mutual consent, be transferred: Provided,
The relative rank of no officer of either corps be prej¬
udiced thereby.
XXL. Artillery.
[aScc X Reg. Army, 58 et seq.~\
Mfty10>1861 280. That the President may receive into the ser-
artii- vice of the Confederate States any company of light
artillery, which by said act [88] he is authorized to do,
with such complement of officers and men, and with
such equipments asto him shall seem proper—anything
in the said act of the 6th of March, 1861, to the con¬
trary notwithstanding.
April 3.18C2 281. That the act approved May 10th, 1861 [280],
Heavy artii- entitled " An act to amend an act to provide for the
lery A
public defence," approved March 6th, 1861, be and the
same is hei-eby so amended as to apply also to compa¬
nies received into service for duty as heavy artillery,
ibid, §2. 282. The provisions of this act, and of the act of
All coinpa- J 7
and beavyht ^-ay 10th, 1861, shall extend to all companies of light
artillery. an(j heavy artillery which are now in, or maybe here¬
after received into the service, and all acts or parts of
acts in conflict therewith are hereby repealed.
ch"!?2'1862 ^ie President be ancl he is hereby author-
artiiiery°f *zec^ aPP°int> by an(l with the advice and consent
of Congress, in the Provisional Army, and in the vol-
102
Ibid, 3 9.
Of enlisted
Ibid. 110.
Mounted
troops.
Ibid,\ 11.
Transfer of
officers.
MILITARY LAWS. 103
unteer corps, officers of artillery, above the rank of
captain, without reference to the number of batteries
under the actual command of the officer so appointed,
not to exceed in number, however, one brigadier-
general for every eighty guns, one colonel for forty
guns, one lieutenant-colonel for every twenty-four
guns, and one major for every sixteen guns.
284. That for the purpose of enlarging the number April 21,
of officers of artillery, and enabling them to discharge ch. 66.
more effectually the duties of ordnance officers, the creased"1"
President is hereby authorized to appoint, with the dutiMnce
advice and consent of the Senate, officers of artillery,
of the rank of captain and first lieutenant, in the Pro¬
visional Army, not exceeding eighty in number.
285. That the President, by and with the advice and ?ept. „
' •> 1862, ch. 2.
consent of the Senate, may appoint seventy officers of Officers fur-
^ 1 A ^ ther increas-
artillery in the Provisional Army, for the performance ed for ord-
" x nance duties
of ordnance duties, in addition to those authorized by
the act [284] entitled " An act to authorize the appoint¬
ment of officers of artillery in the Provisional Army,"
approved April twenty-first, eighteen hundred and
sixty-two; and that from the whole number of artille¬
ry officers appointed to discharge ordnance duties,
there shall be one with the rank of lieutenant-colonel
for each command composed of more than one army
corps, one with the rank of major for each army corps
composed of more than one division, and the residue
with the rank of captain and of first and second lieu¬
tenant in such proportion as the President shall pre¬
scribe.
XXII. Military Storekeepers.
[See 45.]
286. That the President be authorized to appoint as
many military storekeepers of ordnance in the Pro-
visional Army of the Confederate States as may be ber.andpay.
deemed necessary, not to exceed in all eight storekeep¬
ers, four with the pay and allowances of a captain of
infantry, and four with the pay and allowances of a
first lieutenant of infantry.
104
PIGEST OF
ibid, g2. 287. That military storekeepers of the first-class so
First-class to ^ x
give bonds, appointed shall be required to give bonds in the sum of
twenty thousand dollars, and those of the second-class
in the sum of ten thousand dollars, when charged with
the disbursement of funds. This act shall be in force
Eligibility, from and after its passage : Provided, That no one shall
be appointed under its provisions except officers without
commands, or officers or privates who have performed
meritorious services in the field, or have become inca¬
pacitated by wounds or sickness for active service.
gfcbVo864 r'^iere May be appointed six military store-
Number in- keepers, with the pay and allowances of captains of
infantry [70], who shall give such bond for the faithful
performance of their duty as may be prescribed by the
Secretary of War: Provided, That the said storekeep¬
ers shall be appointed from persons who are disquali¬
fied for active service by reason of wounds received in
the military service, or disease contracted while in the
army, or from persons over forty-five years of age.
XXIII. Partisan Kangers.
April 2i, 289. That the President be and he is hereby author-
ch?63^ized to commission such officers as he may deem prop-
ibnTbands er, with authority to form bands of partisan rangers
rangers.8911 [292] in companies, battalions, or regiments, either as
infantry or cavalry, the companies, battalions, or regi¬
ments to be composed each of such numbers as the
President may approve,
ibid, ? 2. 290. That such partisan rangers, after being regu-
Pay, rations, , , . 1 . , ,, , . , , ,
etc.,of parti- larly received into service, shall be entitled to the same
san iangers. rations, and quarters during their term of service,
and be subject to the same regulations, as other soldiers,
ibid, ?3. 291. That for any arms and munitions of war cant-
Arms and * # x
munitions uretl from the enemy by any body of partisan rangers,
captured. and delivered to any quartermaster at such place or
places as may be designated by a commanding gener¬
al, the rangers shall be paid their full value in such
manner as the Secretary of War may prescribe.
Feb. 17.1864 292. That the act of Congress aforesaid be and the
§ 1, ch. 54.
Former act same is hereby repealed: Provided, That organizations
cavalry!' of partisan rangers, acting as regular cavalry at the
MILITARY LAWS.
105
passage of this act, shall be continued in their present
organization : Provided, They shall hereafter be con¬
sidered as regular cavalry, and not as partisan rangers.
293. That all the bands of partisan rangers organ- ibid, g 2.
. /» i Merged into
ized under the said act may, as the interests of the ser- armyor-
i -l-ii • ganization.
vice allow, be united with other organizations, or be
organized into battalions and regiments, with the view
to bringing them under the general conditions of the
Provisional Army as to discipline, control, and move¬
ments, under such regulations as the Secretary of War
may prescribe.
294. The Secretary of War shall be authorized, if he Certain'
deems proper, for a time or permanently, to except
from the operation of this act such companies as are
serving within the lines of the enemy, and under such
conditions as he may prescribe.
XXIV. Siiarp-shooters.
295. That the Secretary of War may cause to be or- April 21,
J 1862, § 1,
ganized a battalion of sharp-shooters for each brigade, ch. 72.
n - , . Battalion for
consisting ot not less than three nor more than six com- each brigade
panies, to be composed of men selected from the bri¬
gade or otherwise, and armed with long-range muskets How armed
. „ . , . , . , , , "nd organ-
or rifles, said companies to be organized, and the com- ized.
missioned officers therefor appointed by the President,
by and with the advice and consent of the Senate.
Such battalion shall constitute parts of the brigades to
which they belong, and shall have such field and staff Officers,
officers as are authorized by law for similar battalions,
to be appointed by the President, by and with the ad¬
vice and consent of the Senate.
296. That for the purpose of arming the said battal- ibid, \ 2.
ion, the long-range muskets and rifles in the hands of whence ob-
the troops may be taken for that purpose : Provided,
The government has not at its command a sufficient
number of approved long-range rifles or muskets
wherewith to arm said corps.
XXY. PlKEMEN.
297. That the President be and he is hereby author- A1""-!1.10'
v 186*2, g 1,
ized to organize companies, battalions, 01* regiments of cb.22.
DIGEST 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 can not be
procured; such companies, battalions,or regiments to
be organized in the same manner as like organizations
of infantry now are under existing laws.
298. That the President may cause the troops armed
xu awi'vw us %/ L
infantry do. an(j organized 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
Vacancies in piace of men in the companies armed with fire-arms,
the compa- x L 1
nies armed whenever vacancies may occur from death or dis-
with fire- _ "
arms. charge, 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
array available at all times, by having it always in the
hands of a well and effective man.
ibid, ? 3. 299. Immediately after the passage of this act, it
acuobefnr- shall be the duty of the Secretary of "War to furnish a
everydge°n- copy °f same to every general in the service.
eral.
XXYI. Signal Corps.
April 19, 300. That the President be and he is hereby author-
1862. ch. 40. J
corps organ- ized, by and with the advice and consent of the Sen-
ized. ' J
ate, to appoint ten officers in the Provisional Army, of
a grade not exceeding that of captains, and with the
pay of corresponding grades of infantry [70], who
shall perform the duties of signal officers of the Army.
And the President is hereby authorized to appoint ten
sergeants of infantry in the Provisional Army, and to
assign them to duty as signal sergeants. The signal
corps above authorized may be organized as a separate
corps, or may be attached to the department of the
Adjutant and Inspector-General, or to the Engineer
corps, as the Secretary of War shall direct.
2l' 801. That the President, by and with the advice and
1862, ch. 14. ' J
Corps in- consent of the Senate, may appoint one major, ten first
creased.
loo
Organiza¬
tion.
Ibid, I 2.
MILITARY LAWS.
107
and ten second lieutenants in the signal corps, and that
the Secretary of War may appoint twenty additional
sergeants in the said corps.
XXVII. Drill-masters.
302. Whereas, under the authority of some of the Aug.31,mi
, ... , , . . Res. 7.
states, drill-masters were attached to various regi- Preamble,
ments; And whereas such office[r]s are not recog¬
nized by the laws of the Confederate States, and con¬
sequently were not mustered into service j And
whereas several of such drill-masters have neverthe¬
less continued to do effective service, voluntarily,
with their respective regiments : Therefore,
jResolved, That such drill-masters be granted an Honorable
honorable discharge whenever they shall apply there- dl8charge-
for.
303. That the President be and he is hereby author- April 19,
. ! ! , . 1 n 1862, ch. 46.
ized and empowered to appoint drill-masters for camps For camps of
- i c • r> instruction
of instruction |i7o] or reserve forces in any arm of and reserve
forces.
the military service, with such pay as the Secretary
of War may prescribe.
XXVIII. Buglers and Musicians.
304. That the President be and he is hereby author- Dec. 10, mi
ized to appoint a chief bugler or principal musician, pointmontof
according to corps, to each regiment in the Provi¬
sional Army
305. That whenever colored persons are employed April 15,
... . 1862, ch. 29.
as musicians in any regiment or company, they shall Pay of
be entitled to the same pay now allowed by law to musicians,
musicians regularly enlisted [75] : Provided, That no
such person shall be so employed except by the con¬
sent of the commanding officer of the brigade to
which said regiments or companies may belong.
XXIX. Disqualified, Disabled, and Incompetent
Officers.
306. That whenever, in the judgment of the general Oct. 13,1862
commanding a department, the good of the service examining
and the efficiency of his command require it, he is board"
authorized, and it is hereby made his duty, to appoint
108
DIGEST OF
an examining board, to be composed of officers of a
rank at least as high as that of the officers whose
Duties. qualifications it is proposed to inquire into, which
board shall immediately proceed to examine into the
cases of such officers as may be brought to their at¬
tention for the purpose of determining their qualifica¬
tions for the discharge of the duties properly apper¬
taining to their several positions.
Decision'of *^7. That whenever such examining board shall
the board, determine that any officer is clearly unfit to perform
and report of * «/ i
iugsloceed ^gitimate and proper duties, or careless and inat¬
tentive in their discharge, then the said board shall
communicate their decision, together with the full
report of their proceedings in the case, to the general
commanding the department in which the examina¬
tion shall have been held, who shall, if he approve the
finding of the board, be authorized to suspend the
officer who has been pronounced unfit for his position,
and shall immediately transmit to the Secretary of
War the decision and proceedings of the examining
board, with its own action and opinion endorsed there¬
on : Provided, That such officer shall be entitled to be
heard and to call witnesses in his defence,
ibid, \ 3. 308. That the Secretary of War, if he approve the
War^sap- finding of the board and the action of the general
provai. commanding the department, shall lay the same be-
President'a fore the President, who is authorized to retire honor-
authority. without pay or allowances, or to drop from the
army, as the circumstances of the case may warrant
and the good of the service require, the officer who
has been found unfit for his position,
ibid, \4. 309. That in order to secure reliable information of
Monthly re-
ports of the the efficiency and competence of officers, it is hereby
commission- made the duty of each officer commanding a regiment,
ed officers. , , ?
separate battalion, company, battery, or squadron, to
make to his immediate commanding officer, who shall
transmit the same to the brigadier-general command¬
ing, a monthly report in tabular form, a copy, whereof
shall be retained by the reporting officer, subject to
the inspection of all officers interested therein, con¬
taining a list of all commissioned officers of such regi-
MILITARY LAWS. 109
ment, separate battalion, company, battery, or squad¬
ron, in which shall be stated the number of days each
officer has been absent from his command, with or
without, or on sick leave; the number of times each
officer has been observed to have been absent from
his command when on march or in action; when and
where each officer has been observed to have perform¬
ed signal acts of service; when and where negligent
in the performance of duty and inattentive to the
security and economy of public property—printed
blank forms of which said reports shall be furnished
by the Secretary of War for the use of the officers
whose duty it is made to make such reports.
310. That whenever any officer of a company, bat- n>td,$5.
talion, squadron, 01* regiment shall have been dropped howfuied'
or honorably retired, in accordance with the provi- officers are
sions of this act, then the officer next in rank shall be honorably7
promoted to the vacanc}7, if competent—such compe¬
tency to be ascertained as provided in the first and
second sections of this act—and if not competent, then
the next officer in rank shall be promoted, and so on
until all the commissioned officers of the company,
battalion, squadron, or regiment shall have have been
gone through with; and if there be no officer of the
company, battalion, squadron, or regiment competent
to fill the vacancy, then the President shall, by and
with the advice and consent of the Senate, fill the
same by appointment: Provided, That the officer ap¬
pointed shall be from the same state as that to which
the company, battalion, squadron, or regiment be¬
longs : And provided, further, That nothing herein
contained shall be construed as limiting the power
heretofore conferred upon the President by existing
laws to fill any vacancy by the promotion of officers
or the appointment of privates "distinguished in the
service by the exhibition of extraordinary valor and
skill" [105, 157,158, 382] : And provided, further, That
vacancies arising under the operation of this act, in
regiments or battalions which were organized under
the laws of a state for the war, or for a period not yet
expired, shall be filled as in case of death or resignation.
110
digest of
XXX. Invalid Corps.
Peh. 17,1864 3H. That all officers, non-commissioned officers,
Retirement musicians, privates, and seamen who have or shall
or discharge .... .
of persons become disabled by wounds or other injuries l'eceived,
disabled by , . , . i rs o i
service. or disease contracted in the service 01 the uonlederate
States and in the line of duty, shall be retired or dis¬
charged from their respective positions, as hereinafter
provided. But the rank, pay, and emoluments of
such officers, qnd the pay and emoluments of such
non-commissioned officers, musicians, privates, and
seamen shall continue to the end of the war, or as
long as they shall continue so retired or discharged.
ibid, \ 2. 312. That all persoAs claiming the benefits of this
Examma- °
tton before act shall present themselves for examination to one of
medical x
board. the medical examining boards now established by law.
Upon the certificate of such board that such perma¬
nent disability exists, such persons shall be retired or
discharged as aforesaid.
Perioficai persons retired or discharged as afore-
examination said shall periodically, and at least once in six months,
present themselves to one of said boards for further
examination, under regulations to be prescribed by
the Secretary of War—the result of which examina¬
tion shall be reported by such board to the said secre¬
tary. And if any such person shall fail so to report
himself to such board whenever he shall be required
so to do, he shall be dropped from said retired or dis¬
charged list, and become liable to conscription under
the terms of the law, unless such failure shall be
caused by physical disability.
Assignment 3H- That the Secretary of War may assign such
dutyitable officers, and order the detail of such non-commissioned
officers, musicians, privates, and seamen for such duty
as they shall be qualified to perform. If any such
non-commissioned officers, musicians, privates, and
seamen shall be relieved from disability, they shall be
restored to duty in their respective commands.
Rufe'/5' That the Secretary of War shall make all need¬
ful rules and regulations for the action of the medical
boards as aforesaid.
MILITARY LAWS. 1U
316. That vacancies caused by the retirement of
" vacancies.
officers under this act, shall be filled as in case of the
death or resignation of such officers.
317. This act shall be in force from its passage. Acuobem
force.
XXXI. Retirement op Officers.
318. That the President be and he is hereby author- Feb;n,i864
ized, upon the recommendation of any general com- when'in-
,. , \ i. i competent
manding a department or any army, to discharge or without
from service any officer of the Confederate States comraand-
Army, or of the Provisional Army of the Confederate
States, who has no command, and can not be assigned
to any appropriate duty, or who is incompetent or
inefficient,* or who may be absent from his command
or duty without leave : Provided, That any officer who
may be discharged for incompetency, inefficiency, or
absence from his command or duty without leave,
shall be entitled to a trial before an examining board,
under existing laws, if he demands it of the command¬
ing general within thirty days : Provided, further, That
it shall not extend to any officer who is absent on ac¬
count of his captivity.
XXXII. Drunkenness.
319. That any commissioned officer of the Regular April 21,
1862 ^ 1
or Provisional Army who shall be found drunk, either ch. 62.
while on or off duty, shall, on conviction thereof before Penalty for'
a court of inquiry [322], be cashiered or suspended
from the service of the Confederate States, or bo pub¬
licly reprimanded, according to the aggravation of the
offence; and in addition to a sentence cashiering any
such officer, he may also be declared incapable of hold¬
ing any military office under the Confederate States
during the war.
320. That it shall be the duty of all officers to report ibid, \ %
to the commanding officer of the post, regiment, or fases^^
corps to which they belong, all cases coming under
their observation of intoxication of commissioned offi¬
cers, whether of superior or inferior grades to them¬
selves; and it shall be the duty of the commanding Trial.
* See also 306 et. seq.
112
DIGEST OF
officer of the division or brigade to which said post,
regiment, or corps belongs, to whom such report may
be made, to report the same to the officer commanding
the brigade or division, who shall organize said court
and order the trial of said offender at the earliest time
consistent Avith the public service,
ibid \ 3 321. The findings of any such court shall be prompt-
Finduigs of .
courts. ly transmitted to the Secretary of War, by the com¬
manding officer, together with his approval or disap¬
proval thereof, and shall be reported to Congress at
the next session thereafter, by the said secretary.
fib'ch7'77864 ' That the jurisdiction conferred upon courts of
jurisdiction inquiry f319"l, in the act above recited, is hereby re-
conferred on u J L J
military pealed, and the said jurisdiction is hereby conferred,
courts and # .
general for the punishment of the offence therein named, upon
courts-mar- .... . .
tiai. the military courts and general courts-martial con¬
vened in the Army of the Confederate States; and the
proceedings therein shall be subject to review, as in
other cases.
ibid, \ 2. 323. That any citizen of the Confederate States is
Any citizen J
may roDort hereby authorized to make report of any violation of
violations of J a ■/
the act. the provision of the act to which this is an amend¬
ment, in the same manner as officers of the army are
now required to do.
intemperate Upon any trial for drunkenness it shall be law-
habits. fu[ to prove, without special charge, that the accused
Penalty. is of intemperate habits; and if the court shall find
that he is of such habits, he shall be cashiered or other¬
wise punished at the discretion of the court.
XXXIII. Absence without Leave.*
ASo1*1?' 325. That no officer or soldier of the army shall re-
loOJf $ 5
Soiciie'rs ab ceiye PaX ^01" any period during which he may be ab¬
sent without gent without leave, or beyond the leave granted from
leavo not to J °
recoive pay. competent authority, according to the regulations of
the army: Provided, That this restriction shall not af¬
fect the sick and wounded in hospitals.
Lengtl2of 326. In order to enforce the requirements of the
absence to foregoing section, it is hereby made the duty of com¬
be stated on ° ® " J
* See also 318.
MILITARY LAWS.
113
manding officers of companies to state upon the mus- pay and
° *■ L muster rolls,
ter and pay rolls of their companies the length of time and pay for
.... . ? sucb time to
any officer or soldier has been absent therefrom, with- be deducted,
out leave of competent authority, since the previous
payment, when the deduction of pay for such absence
will be made by the quartermaster from the amount
otherwise due the officer or soldier; and any com¬
mander of a company who shall fail to note such ab¬
sence on the muster and pay rolls of the company shall
be required to refund to the government the amount
forfeited by such absent officer or soldier, unless it shall
already have been received from the officer or soldier
so absent.
327. Officers shall certify upon honor on their pay ibid. §3.
accounts, whether they have or have not been absent, certify on
without leave by competent authority, within the time absence*t0
for which they claim pay; and if absent without leave,
they shall state in their certificates the time and period
of such absences. In like manner, commanding offi- Certificateof
• • n _ , command¬
eers oi companies shall certify on honor on their pay ing officers
accounts that they have stated fully and correctly on
the muster and pay rolls of their companies the length
of time each officer and soldier of the company has
been absent without leave since the last payment of
the company.
328. That this act shall not be construed to relieve ibid, g 4.
any officer or private from any other penalty to which penalties,
he may be liable by existing laws or regulations.
XXXIV. Punishment by Whipping Prohibited.
329. That, from and after the passage of this act, it April is,
shall not be lawful for any court-martial or military
court to cause any soldier in the service of the Con- tobeepun-ot
federate States to be punished by whipping, or the in- whipping,
fliction of stripes upon his person; and that all laws
and customs contravening the provisions of this act
be and the same are hereby repealed.
330. That article twenty of the Articles of War* ibid, §2.
Article of
be so amended as to read as follows: " All officers and War "twen¬
ty " amend-
__ ed.
* See Appendix.
114
DIGEST OF
soldiers who have received pay, or have been duly en¬
listed in the service of the Confederate States, and shall
be convicted of having deserted the same, shall suffer
death or confinement in penitentiary, with or without
hard labor, for a period not less than one year, or more
than five, or such other punishment, not inconsistent
with the provisions of this act, as the court-martial or
military court may determine."
XXXV". Detailed Soldiers* and Transfer of
Troops.
April 27, 881. That the extra pay now allowed soldiers de-
1863, ch. 43. ... ni1 ,
Paya»clerks tailed to perform the duties of clerks in any of the pub-
one dollar lie offices in the City of Richmond, by reason of their
per day. physical disability to serve in the field, shall be in¬
creased from twenty-five cents per day to one dollar
per day [332 et seq.] from and after the passage of this
act.
May i,i863 332. That non-commissioned officers, musicians, or
payYncre'as- privates, when employed on detached or detailed ser-
doUars per vice by a departmental or other commander of a dis¬
trict, or under the direction of any of the military
bureaus, instead of the compensation now allowed,
may be allowed the sum of not more than three
dollars [335] per day, in lieu of rations and all other
allowances, upon the recommendation of the officer
immediately in charge of such men, with the approval
of the commander or chief of bureau, as the case may
be, and the sanction of the Secretary of War.
333. This act shall remain in force for one year
[834] from the first day of January, eighteen hundred
and sixty-three.
334. That the act entitled " An act to provide for the
compensation of certain persons therein named," ap¬
proved May the first, eighteen hundred and sixty-
three, which, by its own limitation, would expire on
the first day of January, eighteen hundred and sixty-
four, be and the same is hereby continued in force un-
day, in lieu
of rations
and allow¬
ance.
Ibid, \ 2.
Duration of
the act.
Jan. 6,1864
ch. 6.
Extended.
* For details for manufacture of shoes, 231, and for pay, see 232.
For details of clerks to quartermasters and commissaries, 172, 203, 204.
For transfer of troops to organizations from their own states, see 167.
MILITARY LAWS.
115
til the first of January, eighteen hundred and sixty-
five.
835. That the " Act to increase the compensation of feb. 17, isgi
Kes. 43.
certain civil officers and employees in the President's inci-oaseof
office, and in the Executive and Legislative depart- pay
ments at Richmond, for a limited period," approved
January thirtieth, eighteen hundred and sixty-four, be
and the same is hereby construed so as to embrace
soldiers detailed for clerical duty in Richmond.
836. That it shall be the duty of the Secretary of Sept. 23,
J J 1862, ch. 5.
War to transfer any private or non-commissioned offi- Transfer of
1 1 • • << /. • troops to
cer who ma}* be in a regiment from a state of this Con- regiments
fedcracy other than his own, to a regiment from his own states,
own state, -whenever such private 01* non-commission¬
ed officer may apply for such transfer, and whenever
such transfer can be made without injury to the pub¬
lic service; and the Secretary of War shall make regu¬
lations to facilitate such transfer: Provided, That this
act shall not apply to any one who has enlisted as a
substitute.
537. That whenever the Secretary of War shall grant ^-g2'1862
transfers agreeable to the above act [336] to any soldier Transporta-
now in the service, he shall furnish transportation also.-
XXXVI. Pay and Allowances due Deceased
Soldiers.
838. That the pay and allowances due to any deceas- Feb. JM802
ed volunteer, non-commissioned officer, musician, or To'whom'
private in the Army of the Confederate States, shall shaiTb"1
be paid to the widow of the deceased, if living; if not, made'
to the children, if any; and in default of widow or
children, to the father, if living, and if not, to the
mother of such deceased volunteer.
339. The pay and allowance due as aforesaid shall
be paid by the paymaster or proper officer charged paymont,
with the payment of the troops, to the person or per¬
sons entitled to the same, or to his or her authorized
agent, attorney, or guardian, upon the pay-roll [340]
made out and certified by the captain or commanding
officer of the company to which the deceased was at¬
tached, which pay-roll the captain or commanding offi-
116
DIGEST OF
Oct. 3, 1862
\ 1, ch. 25.
When pay¬
ment may
be made
without
producing
pay-roll.
Ibid, § 2.
Claims of
deceased
commission¬
ed officers*
Ibid, I 3.
Clerks to
assist in
settling
claims.
Ibid, § 4.
Clerks to be
cer as aforesaid shall make out and deliver to the per¬
son or persons entitled to such pay and allowance, or
to his, her, or their authorized agent, attorney, or guar¬
dian, and shall state in such pay-roll the name of the
deceased volunteer, the company and regiment to
which he was attached, and the date of his enlistment
and death; and the paymaster or officer to whom said
pay-roll shall be directed shall pay the same accord¬
ing to the tenor thereof, and shall file such pay-roll
with the pay-rolls of the army.
340. That claims due to deceased non-commissioned
officers and privates for pay, allowances, and bounty,
may be audited and paid without the necessity of the
parties entitled producing a pay-roll from the captain
or commanding officer, when there is other official evi¬
dence of the amount due satisfactory to the Second
Auditor, under such regulations as he has or may pre¬
scribe, with the approval of the Secretary of "War.
341. The claims of deceased commissioned officers
shall be paid to their heirs or representatives in the
same manner as similar claims of non-commissioned
officers and privates are now or may be directed by
law to be paid j and to assist the Second Auditor in
more effectually carrying out the provisions of this act,
and other pressing business of his office, the Secretary
of the Treasury is authorized to appoint an experi¬
enced accountant who, with the chief clerk, shall have
authority to sign and attest such official business as
said auditor shall approve and direct.
342. The Secretary of the Treasury is hereby au¬
thorized to employ in the office of the Second Auditor
as many additional temporary clerks as he may think
necessary, to assist said auditor in the settlement of
the claims of deceased officers and soldiei*s—the com¬
pensation of said clerks to be four dollars per day, and
without any addition whatever, for every day they
shall be so actually engaged, except one, whose annual
compensation shall be fifteen hundred dollars, the
others to be paid weekly at the Treasury, upon a cer¬
tificate of service of said auditor.
343- This act shall take effect from its passage, and
MILITARY LAWS.
117
the third section shall continue in force for twelve
months and no longer [344].
344. That the third section of an act entitled " An
act supplementary to an act concerning the pay and
allowance due to deceased soldiers," approved Febru¬
ary fifteenth, eighteen hundred and sixty-two [342],
and to provide for the prompt settlement of claims for
arrearages of pay, allowance, and bounty due deceas¬
ed officers and soldiers, be continued of force until
otherwise provided by Congress.
345. That, upon the application of the governor of
any of the Confederate States, the Secretary of War
be and he is hereby authorized to grant passports and
transportation to an officer of such state, duly commis¬
sioned according to the law of said state, to commu¬
nicate with its troops for such purposes, and at such
times and places as shall be approved by the Secretary
of War j and sueh officer shall be allowed to purchase
for himself supplies from the commissary stores on
the same terms with officers of similar rank in the ser¬
vice of the Confederate States, and according to the
regulations which govern them: Provided, Such sup¬
plies shall not exceed those which a colonel of the Con¬
federate States is allowed to purchase : Provided, That
these agents shall be charged with the duty of obtain¬
ing from the officers in command of companies final
statements of deceased soldiers, to be filed in the Sec¬
ond Auditor's office to facilitate the settlement of such
claims.
XXXVII. Military Courts.
346. That courts shall be organized, to be known as Oct. 9,1862
military courts, one to attend each army corps in the ne to each
field, under the direction of the President. Each court K>™onsistPof
shall consist of three members, two of whom shall con- bers?mem*
stitute a quorum, and each member shall be entitled
to the rank and pay of a colonel of cavalry, shall be
appointed by the President, by and with the advice
and consent of the Senate, and shall hold his office dur¬
ing the war, unless the court shall be sooner abolish¬
ed by Congress. For each court there shall be one Juds0 Ad-
employed
for twelve
months.
May 1,1863
ch. 76.
Employ
ment con¬
tinued until
otherwise
provided by
Congress.
Feb. 16,1864
ch. 39.
State agents.
118
DIGEST OF
Ibid, J 2.
Provost
marshal and
clork.
Oath of
members
and officers
of the court.
Ibid, § 3.
Rules of
court.
Ibid. 2 4.
Jurisdiction
of each court
Judge Advocate, to be appointed by the President, by
and with the advice and consent of the Senate, with
the rank and pay of a captain of cavalry, whose duties
shall be as prescribed by the Rules and Articles of War,
except as enlarged or modified by the purposes and
provisions of this act, and who shall also hold his office
during the war, unless the court shall be sooner abol¬
ished by.the Congress; and in case of the absence or
disability of the Judge Advocate, upon the application
of the court, the commander of the army corps to
which such court is attached may appoint or detail an
officer to perform-the duties of Judge A dvocate during
such absence or disability, or until the vacancy, if any,
shall be filled by the President.
347. Each court shall have the right to appoint a
provost marshal to attend its sittings and execute the
orders of the court, with the rank and pay of a captain
of cavalry; and also a clerk, who shall have a salary
of one hundred and twenty-five dollars per month, who
shall keep the record of the proceedings of the court,
and shall reduce to writing the substance of the evi¬
dence in each case, and file the same in court. The pro¬
vost marshal and clerk shall hold their offices during
the pleasure of the court. Each member and officer of
the court shall take an oath well and truly to discharge
the duties of his office to the best of his skill and abili¬
ty, without fear, favor, or reward, and to support the
Constitution of the Confederate States. Each member
of the court, the Judge Advocate, and the clerk, shall
have the power to administer oaths.
348. Each court shall have power to adopt rules for
conducting business and for'the trial of causes, and to
enforce the rules adopted, and to punish for contempt,
and to regulate the taking of evidence, and to secure
the attendance of witnesses, and to enforce and exe¬
cute its orders, sentences, and judgments, as in cases
of courts-martial.
349. The jurisdiction of each court shall extend to
all offences now cognizable by courts-martial under the
Rules and Articles of War and the customs of war,
and also to all offences defined as crimes by the laws
MILITARY LAWS.
119
of the Confederate States or of the several states, and,
when beyond the territory of the Confederate States,
to all cases of murder, manslaughter, arson, rape, rob¬
bery, and larceny, as defined by the common law, when
committed by any private or officer in the Army of the
Confederate States, against any other private or officer
in the army, or against the property or person of any
citizen or other person not in the army : Provided, Said
courts shall not have jurisdiction of offenders above
the grade of [357] colonel. For offences cognizable by
courts-martial the court shall, on conviction, inflict
the penalty prescribed by the Rules and Articles of
War, and in the manner and mode therein mentioned ;
and for offences not punishable by the Rules and Arti¬
cles of War, but punishable by the laws of the Con¬
federate States, said court shall inflict the penalties
prescribed by the laws of the Confederate States; and
for offences against which penalties are not prescribed
by the Rules and Articles of War, nor by the laws of
the Confederate States, but for which penalties are
prescribed by the laws of a state, said court shall in¬
flict the punishment prescribed by the laws of the state
in which the offence was committed : Provided, That
in cases in which, by the laws of the Confederate
States or of the state, the punishment is by fine or by
imprisonment, or by both, the court may, in its discre¬
tion, inflict any other punishment less than death; and
for the offences defined as murder, manslaughter, ar¬
son, rape, robbery, and larceny, by the common law,
when committed beyond the territorial limits of the
Confederate States, the punishment shall be in the dis-
eretion of the court. That when an officer under the
grade of brigadier-general, or private, shall be put un¬
der arrest for any offence cognizable by the court here¬
in provided for, notice of his arrest, and of the offence
with which he shall be charged, shall be given to the
Judge Advocate by the officer ordering said arrest, and
he shall be entitled to as speedy a trial as the business
before said court will allow.
350. Said courts shall attend the army, shall have courti^M
appropriate quarters within the lines of the army, ®^ydthe
120
DIGEST OF
and sl°n-8 shall be always open for the transaction of business,
tencea. and the final decisions and sentences of said courts on
convictions shall be subject to review, mitigation, and
suspension, as now provided by the Rules and Articles
of War in cases of courts-martial,
ibid, \ 6. 35j That during the recess of the Senate the Pres-
Appoint- o
mentsdiir- ident may appoint the members of the courts and the
ing recess of J r 1
Senate. Judges Advocate provided for in the previous sections,
subject to the confirmation of the Senate at its session
next ensuing said appointments.
May i,i863 352. That in addition to one military court to at-
j! 1, ch. 77. J
Additional tend each army corps in the field, as now authorized
courttneach by an act entitled " An act to organize military courts
department. attend the Army of the Confederate States in the
field, and to define the power of said courts," ap¬
proved October ninth, eighteen hundred and sixty-
two [346 et seq.~\, one military court shall be organized
in each of such military departments as, in the judg¬
ment of the President, the public exigencies may re¬
quire—to be organized in the manner and with powers
prescribed in the act of which this is amendatory.
Feb. 13,1864 353. That the act entitled "An act to organize mili-
ch. 33. °
Onein North tary courts to attend the Army of the Confederate
Alabama.
States in the field, and to define the powers of said
courts" [346 etseq.'J, be so amended as to authorize the
President to establish one in North Alabama, which
shall sit at such times and places as said court may
direct, and shall have all the powers and jurisdiction
given to said military courts by said act; but the
judges thereof shall give ten days' notice of the times
and places of holding said courts before the same are
held : Provided, however, That said court shall cease to
exist after one year from the passage of this act, un¬
less longer continued by Congress.
chb446'1864 -^ia^ Edition to the military courts now
Additional authorized by law, the President be and he is hereby
courts for *• J
divisions of authorized to appoint a military court to attend any
cavalry, and
for each division of cavalry in the field, and also one for each
state.
state within a military department, whenever, in his
judgment, such courts would promote the public inter¬
est—which courts shall be organized, and have the
MILITARY LAWS.
121
same powers and duties, and the members thereof ap¬
pointed, as provided by law.
355. That when two or more army corps are united Feb. 17, lse*
in the same army, charges shall be referred to said when two
courts, and their proceedings be subject to review by army corps
the army commander, as in the case of general courts- are umted*
martial; and that the jurisdiction of each of said Jurisdiction,
courts shall extend to any person connected with the
army of which the corps to which the court is attached
may be a part, without being limited to members of
the particular corps to which said court may be at¬
tached.
356. That when the corps to which any military ibid. §2.
Assignment
court may be attached shall, from any cause, cease to and transfer
. , r, . - . of members
exist as such, the secretary 01 War shall assign the and officers,
members and officers of such court to any other un-
supplied corps, or other subdivision of any of the
armies of the Confederate States, where a military
court may be needed; and exchanges and transfers of
individual members and officers from any one court to
another may be made by the Secretary of War, on
application of the parties concerned—the consent of
the commander or commanders of the army or armies
to which the particular courts may belong having
been first obtained to such exchange or transfer.
357. That the fourth section [349] of the act of ibid, §3.
J Jurisdiction
which this is amendatory, be and the same is hereby extended,
so amended as to extend the jurisdiction of the mili¬
tary courts to all offenders below the grade of lieuten¬
ant-general.
358. That the President be and he is hereby author- Feb.3,1864
ized, at any time, to assign judges from one military fransfer of
court to another, as, in his judgment, the service may Judses"
require.
359. That this act take effect and be in force from ibid, g 2. Act
when to take
and after its passage. effect.
360. That commanders of corps and departments be Feb. 6,1864
ch. 26.
and they are hereby authorized to detail field-officers Fieid-officers
as members of military courts, whenever any of the uuedas6
judges of said courts shall be disqualified, by consan- etc.
12 v
]>Kii:sT or
guinity or affinity, 01* unable, from sickness or other
unavoidable cause, to attend said courts.
Feb. 17,1864 361. That any military court or court-martial con-
g1, ch. 69. J J
summons of vened within the Army of the Confederate States shall
witnesses.
have power to summon as a witness before it any
citizen of the state in which said court may at the
Penalty for time hold its session ; and any citizen disobeying such
summons.5 summons—upon information given thereof by the
.fudge Advocate of such military court or court-mar¬
tial, to the judge of the district court of the Con¬
federate States for the district in which said citizen
may reside—shall be subject to the same penalties as
for disobedience of an order of said district judge; or,
on application of the Judge Advocate, such citizen
Arrest. witness may by military force be arrested and brought
before said military court or court-martial, by order of
the commander of the army, and may be held in close
confinemen ; until he or she shall consent to testify,
pa'yforat- That any citizen witness appearing upon being
courtnce °n sammone<^ as provided in this act, shall be paid such
reasonable amount for his or her attendance as the
commander of the'army shall deem reasonable—which
payment shall be made by any paymaster, upon the
certificate of said commander, specifying the amount.
XXXVIII. Indian Troops.
;>r-^61 863. That the proper quartermaster in the military
payment for clepartment of Indian Territory be authorized to nay
services. * J i J
the officers and men of the company of Creek mount¬
ed volunteers, raised in the month of August, eighteen
hundred and sixty-one, by authority of the Commis¬
sioner of the Confederate States, for local purposes, at
the North Fork village, in the Creek country; and of
the Cherokee regiments of Colonels Stand Watie and
John Drew, and of the Choctaw and Chickasaw regi¬
ment of Colonel Douglas H. Cooper, and of the Creek
regiment of Colonel Daniel N. Mcintosh, and of the
companies of Seminoles raised b}T the chief, by author¬
ity of the same commissioner, and of the other troops,
called into the service by Colonel Douglas H. Cooper,
to aid in suppressing the insurrection of a part of the
MILITARY LAWS.
Creeks, and of any called into service by the Creek
Agent for the same purpose, by direction of the com¬
missioner, for the times during which all of said troops
were in the service, after being organized and before
being mustered into the service, in the same manner
as if they had been mustered in at the respective
times when they were organized and received by the
commissioner or either of said officers—which pay¬
ments shall be made upon special pay-rolls for that
purpose: Provided, That the allowance in lieu of Allowance
clothing shall be paid only to such of said officers and clothing; to
. 111 . .* i . whom paid.
men as shall have since been or may be mustered into
the service, and that none shall be paid who have de¬
serted or disbanded without permission, or have taken
sides with the insurrectionists among the Creeks.
364. That the accounts of the acting commissaries ibid, §2.
_ , , . - Accounts of
and quartermasters of all said troops shall be settled acting com-
and paid in the same manner as if the troops with or andquarter-
for which they acted had been regularly mustered into said troops;
the service at the time when they were organized and settled,
received; and that the debts incurred or moneys ad¬
vanced by them be paid by the brigade quartermaster
of the brigade commanded by Brigadier-General Al¬
bert Pike : Provided, further, That said accounts shall
be also approved by the said brigadier-general, and
that the prices paid by them be found by him not to
have been excessive or exorbitant, and the debts to
have been contracted in good faith, and the moneys
actually advanced.
365. That the Quartermaster-General audit and pay Mayi, 1803
o , , , Res- 6-
the accounts of the acting quartermaster and other Articles fur-
officers of the Indian troops for camp utensils, horse .ronesand
equipments, clothing, ordnance, and ordnance stores R.M.Jones.
furnished by Jones and Thebo, and R. M. Jones, for
the use of said troops, upon the bills of particulars
herewith filed, amounting to eleven thousand two
hundred and' sixteen dollars and seventy-five cents:
Provided, That said accounts have been examined and
approved by Brigadier-General Albert Pike.
DIGEST OF
XXXIX. Virginia Militia.
April 19,
1862,11,
ch. 53.
Compensa¬
tion allowed
officers for
period of ac¬
tual service.
Ibid. I 2.
Certificates
of service
required.
Ibid, ? 3.
Pay of staff
officers.
36(5. That all officers and non-commissioned officers
of the Virginia militia, who have been called into the
service of the Confederate States by the order of any
commanding officer of the Confederate States Army,
authorized to make such call, or by the proclamation
of the Governorof Virginia, in obedience to requisitions
duly made upon him by the President, shall be allow¬
ed, under the direction of the Quartermaster-General,
compensation for the period of their actual service,
according to the rate of pay and allowances to which
officers and non-commissioned officers of correspond¬
ing grades in the Confederate States Army are by
law entitled.
367. Before any officer of militia shall be entitled to
receive pay under the provisions of the preceding
section, he shall present to the proper officer to whom
he may apply for payment, a certificate signed by the
commandant of the brigade, regiment, or battalion of
militia to which he may have been attached, and ap¬
proved by the commanding general of the army, corps,
or department with which such brigade, regiment, or
battalion was serving, which certificate shall state the
precise period during which such officer was actually
in service and performed duty according to his rank,
not including in such period whatever time such officer
was absent from duty with his command, unless absent
on furlough, or detached or detailed for service by
order of the commanding officer. Non-commissioned
officers shall be required to present like certificates,
signed by the commanding officer of the regiment or
battalion to which they belong, before being entitled
to receive their pay.
368. All staff officers of the Virginia militia, duly
appointed and qualified, according to the laws of Vir¬
ginia, shall be entitled to receive the same pay and
allowances as are provided by law for officers of cor¬
responding grades in the Confederate States Army,
upon a like certificate that they have actually been in
service and performed the duties prescribed for their
MILITARY LAWS.
125
respective grades by the laws of Virginia and the
laws and army regulations of the Confederate States.
369. No payments under this act shall be allowed ibid, g 4-
for any period subsequent to the thirtieth day of mentajtobe
March, eighteen hundred and sixty-two, nor shall any taLcases?r"
junior major of a regiment to which two majors may
bo attached, nor any paymaster or surgeon's mate, be
deemed to be entitled to pay or allowances under the
provisions of this act.
XL. Miscellaneous.
370. That the President be and he is hereby author- Oct. 13,1862
ch. 64.
ized, by and with the advice and consent of the Sen- Twenty gen-
ate, to appoint twenty general officers in the Provi¬
sional Army, and to assign them to such appropriate
duties as he may deem expedient.*
371. That the President may appoint one general Feb.i7,i864
in the Provisional Army of the Confederate States Generaifo'r
when, in his discretion, it shall be deemed necessary sippi depart-
and proper, for the command of the trans-Mississippi
department, by and with the advice and consent of
the Senate [563, 564].
372. That the President may, by and with the ad- ibid, g 2.
J Additional
vice and consent of the Senate, appoint lieutenant- Heutenant-
generals.
generals in the Provisional Army of the Confederate
States when, in his discretion, it shall be deemed
necessary for the command of any one of the military
departments.]"
373. That the officers appointed under the provi- ibid, §3.
uions of this act shall continue to hold the rank herein long to con-
provided so long as they shall efficiently discharge tinue'
the duties in command of said several departments,
and no longer, but will resume thereafter their former
rank in the service.
374. That adjutants of regiments and legions may Aug.3i,i86i
be appointed by the President, upon the recommen- Adjutants of
dation of the colonel thereof, of the grade of subal- andTegions
tern, in addition to the subaltern officers attached to ofsubaftera.
companies; and said adjutants, when so appointed,
* President authorized to appoint general officers; see 85. 92,110.
f Lieutenant-generals to be appointed, 93.
iae
DIOJiST OF
shall have the same rank, pay, and allowances as arc
provided by law to adjutants of regiments.
cht-2i'1862 That provisions of said act [374] shall bo
Adjutants extended so as to apply to independent battalions,
for battal- •
ions, of the and that, on the recommendation of the commander
subaltern, of any such battalion, an adjutant of the grade of
subaltern may be appointed by the President for said
battalion, who is not attached as subaltern to said
battalion, and that said adjutant, when so appointed,
shall have the same rank, pay, and allowance as are
provided by law for adjutants of regiments.
18631 ch "2 That, from and after the passage of this act,
Minors may commissions in the Army of the Confederate States,
be commis- . ^
sioned. and in the Provisional Army of the Confederate
States, may be issued to persons under twenty-one
years of age, except in the case of officers who are
required by law to give bond.
chPri24'1863 That any officer, non-commissioned officer, or
officers or pj-ivate now in the military service of the Confeder-
soldiers ■«- ^
elected or a£e States, who has been elected or appointed since
appointed to # ^ A A
certain of- entering said service, or who may hereafter be elected
fices. may °
resign or be or appointed a senator or representative in Congress,
discharged. , • , • « , .. .
or in any state legislature, a judge of the circuit, dis¬
trict, or superior courts of law or equity in any
state of the Confederacy, district attorney, clerk of
any court of record, sheriff, ordinary, judge of any
court of probate, collector of state taxes, not to
exceed one for each county, parish recorder, upon
furnishing the Secretary of War with evidence of
such election or appointment, if an officer, his resig¬
nation shall be promptly accepted, and if a non-com¬
missioned officer or private, he shall be honorably
discharged by the Secretary of War.
May i, lsea 378. That all officers, non-commissioned officers, and
rh. 64. ' '
Lossofmus- privates of any legally constituted military organi-
proof of'scr- zation, which may have been actually received into
the service of the Confederate States by any general
officer thereof, but were never legally mustered into
service, in consequence of the loss of the muster-rolls
of such military organization, shall be entitled to
receive pay from the time they were so received:
MILITARY LAWS.
127
Provided, The fact of their having been so received
into the service, and the time they served, is duly
proved to the satisfaction of the Secretary of War,
under rules to be prescribed by him.
379. That the oath required to enable sick, wound- Oct. 2,1&62
ed, or other soldiers to receive their pay, may be oath to en-
taken before any quartermaster, who is hereby author- bounded', or
ized to administer the same, or before any justice of diers to°ie-
the peace having jurisdiction, or any other officer pay.ethe,r
having the right, by the laws of the state, to adminis¬
ter oaths.
380. That commutation in lieu of quarters be and Oct.13,1862
the same is hereby allowed to the Superintendent of Army'mtoiii-
the "Army Intelligence-Office" and his clerks, at the gCTCe"°ffice"
discretion of the Secretary of War, and under such
regulations as may be prescribed by him, and that the
extra pay allowed said clerks shall be and is hereby
increased from twenty-five to fifty cents per day.
381. That the President be and he is hereby author- Oct.. 13,1S62
1 . ,i-i i ch. 61.
ized to bestow medals, with proper devices, upon Medals and
such officers of the armies of the Confederate States ward for
as shall be conspicuous for courage and good conduct good'con-"'
on the field of battle; and also to confer a badge of
distinction upon one private or non-commissioned
officer of each company after every signal victory it
shall have assisted to achieve. The non-commissioned
officers and privates of the company -who may be
present on the first dress-parade thereafter may
choose, by. a majority of their votes, the soldier best
entitled to receive such distinction, whose name shall
be communicated to the President by commanding
officers of the company, and if the award fall upon a
deceased soldier, the badge thus awarded him shall
be delivered to his widow, or if there be no widow, to
any relation the President may adjudge entitled to
receive it.
382. That the President is hereby authorized, upon *'ei>. 17. ise-i
, ,. 1> c''- 58.
the recommendation of the general commanding a Promotion
• /iii />ii for peculiar
department or a separate army in the held, to fall any
vacancy in the commissioned officers of a regiment or
battalion, by the promotion to the same, by and with
128
DIGEST OK
the advice and consent of the Senate, of any officer,
non-commissioned officer, or private who may have
distinguished himself by exhibiting peculiar valor or
skill on the battle-field [157, 158,105]: Provided, That
the officer, non-commissioned officer, or private so
recommended and nominated for promotion shall
belong to the regiment or battalion in which the
vacancy may have occurred.
Repeal "of ^3. All acts and parts of acts in conflict with the
iawfictins ab°ve provisions are hereby repealed.
Ref'f1'1861 That the Secretary of War be and he is hereby
cavalry authorized, in his discretion, to furnish to volunteer
equipments. 7 1
cavalry companies, whose services are accepted for
the war by the Confederate States, all necessary
equipments.
S'1861 385. That the Secretary of War be and he is hereby
®3byr" authorized to cause payment to be made to the ven-
Angus°wCo1' dors, upon an audit of the accounts of certain horses
McDonald, heretofore purchased by order of Colonel Angus W.
McDonald, to mount the men he was authorized to
raise by order of the President of the Confederate
States; and upon the payment of the said accounts
said horses shall become the property of the gov¬
ernment, and shall be subject to the control of the
quartermaster's department: Provided, however, That
the Quartermaster-General shall be and he is hereby
empowered to permit said horses to remain in the
possession of the volunteers who now have them,
subject to the general law controlling cavalry troops,
upon the written agreement of said volunteers that
said horses will be paid for by them out of the allow¬
ances now made for cavalry troops.
ch"ii2' 1864 That every person not subject to the Eules and
Procuring or Articles of War, who shall procure or entice a soldier
enticing sol- .
diers to de- or person enrolled for service in the Army of the Con-
scrt.
federate States to desert; or who shall aid or assist
any deserter from the army, or any person enrolled
for service, to evade their proper commanders, or to
prevent their arrest to be returned to the service; or
who shall knowingly conceal or harbor any such de-
Purchase of gerter: or shall purchase from any soldier or person
arms, cloth-
MILITARY LAWS.
129
enrolled for service any portion of his arms, equip- ing, etc.,
, . . from sol-
ments, rations, or clothing, or any property belonging diers.
to the Confederate States, or any officer or soldier of
the Confederate States, shall, upon conviction before
the district court of the Confederate States having
jurisdiction of the offence, be fined not exceeding one
thousand dollars, and be imprisoned not exceeding
two years.
387. That when any officer or private of any legally Fei^n, 1864
constituted military organization may have hereto- officers or
fore, by order of his proper superior officer, performed be paid for
any staff duty appropriate to such command, he shall of staff duty,
be entitled to receive pay for the time he was so
engaged in the discharge of such duties: Provided,
That there was not then present, fit for duty, any
officer duly appointed for the discharge of the same
[see also 205].
III.—ARMS AND MUNITIONS.*
388. Contracts for ordnance and arms. Machinery. Agents and arti¬
sans. Powder-mills and powder.
389. Arms, etc., acquired from the United States.
390. Repeal of the United States laws relative to arms and military
supplies of a patented invention.
391. Authorizing the construction of " Winans' gun."
392. Arms of volunteers.
388. That the President, or Secretary of War under Feb. 20,1861
his direction, is hereby authorized and empowered to Contracts
make contracts for the purchase and manufacture of and arms,
heavy ordnance and small-arms; and of machinery Machinery,
for the manufacture or alteration of small-arms and
munitions of war; and to employ the necessary agents Agents and
and artisans for those purposes; and to make con- powder-'
tracts for the establishment of powder-mills and the ™wder?d
manufacture of powder; and the President is author¬
ized to make contracts provided for in this act, in
* For arms captured by partisan rangers, 291. For manufactories of small-
arms, saltpetre, etc., 454 et seq. For payment for private arms of persons mus¬
tered into service, see 153. For armories, 47 et seq. For advances on contracts
for arms and munitions, see 558.
9
130
DIGEST OF
such manner and on such terms as, in his judgment,
the public exigencies may require.
|eb.j!8,1881 389. That the President is hereby authorized to
Arms, etc., receive from the several states the arms and munitions
acquired
from the of war which have been acquired from the United
states. States, and which are now in the forts, arsenals, and
navy-yards of said states, and all other arms and
munitions which they may desire to turn over and
make chargeable to this government,
fn, ch'Ao61 390. That the provision of the third section of the
u^ted °f ac^ ^he Congress of the United States, making
iawt6reiative appropriations for the legislative, executive, and judi-
to arms and expenses of the government for the year ending
military sup- r & «/ o
plies of a the thirtieth day of June, A. D. eighteen hundred and
patented in- J 7 °
vention. sixty-one, approved June twenty-third, eighteen hun¬
dred and sixty, which declares that no arms nor mili¬
tary supplies whatever, which are of a patented
invention, shall be purchased, nor the right of using
or applying any patented invention, unless the same
shall be authorized by law, and the appropriation
therefor explicitly set forth that it is for such patent¬
ed invention (if of force within the Confederate States),
shall be suspended in its operation for and during the
existing war.
av,is61 391. "Whereas Charles S. Dickinson alleges that he
Authorizing ha8 invented a machine, generally known as " Winans'
construction ° J
of a machine Gun," whereby balls can be projected with such force,
known as ' J r •' '
^Winans' rapidity, and precision as to render it a valuable im¬
plement of war, both in the army and navy:
The Congress of the Confederate States of America do,
therefore, enact, That the President be and he is hereby
authorized, in his discretion, to cause one machine of
this description, calculated to throw balls measuring
about three-fourths of an inch in diameter, and weigh¬
ing about two ounces, to be constructed under the
direction of said Dickinson : Provided, that the cost
thereof shall not exceed five thousand dollars.
Jan. 22,1862 392. That the military exigencies of the Confeder-
Res 10
Arms of ate States render it absolutely necessary that the
volunteers. armg 0f volunteers now in the service should be
kept within the control of the President of the Con-
MILITARY LAWS.
131
federate States, so that, whenever the present volun¬
teers shall be discharged from service, the arms may
be placed in the hands of others.
IV-FLAG.
393. Described and established.
393. That the flag of the Confederate States shall 1863
be as follows: the field to be white, the length double Described
the width of the flag, with the union (now used as ashed,
the battle-flag) to be a square of two-thirds the
width of the flag, having the ground red; thereon a
broad saltier of blue, bordered with white, and em¬
blazoned with white mullets or five-pointed stars, cor¬
responding in number to that of the Confederate
States.
V.-FORTS AND ARSENALS.
394. Questions and difficulties relating to occupation.
395. Cession to Confederate States recommended.
394. Resolved, by the Congress of the Confederate States
of America, That this government takes under its
charge the questions and difficulties now existing be¬
tween the several states of this Confederacy and the
Government of the United States of America relating
to the occupation of forts, arsenals, navy-yards, and
other public establishments; and that the President
of the Congress be directed to communicate this reso¬
lution to the several states of this Confederacy through
the respective governors thereof.
395. Resolved, by the Congress of the Confederate States,
That the Congress do recommend to the respective
states to cede the forts, arsenals, navy-yards, dock¬
yards, and other public establishments within their
respective limits,to the Confederate States; and, more¬
over, to cede so much of the lands reserved heretofore
*
Feb. 12,1861
Res. 5.
Questions
and difficul¬
ties relating
to occupa¬
tion.
March 15,
1861, Res. 19.
Cession to
Confederate
States rec¬
ommended.
132
DIGEST OF
by the Government of the United States, or other
public vacant lands in their respective limits, as may
be necessary for timber or lumber for naval or other
purposes of public concern; and that the President of
Congress be requested to communicate these resolu¬
tions and the accompanying report to tbe governors
of the respective states.
Resolved, further, That, in case of such cession, the
President be and he is hereby authorized and empow¬
ered to take charge of any such property ceded.
VI—HABEAS CORPUS.
[See 11 Clauses of the Constitution" in Appendix.]
396. Power to suspend.
397. Limitation as to arrests.
398. Duration of the act.
399. Power to suspend. Limitation as to arrests.
400. Investigation of cases.
401. Duration of the act.
402. Suspension of writ. Specified cases.
403. Investigation of cases.
404. Answer to writ.
405. Duration of act.
chb227'1862 396. The Congress of the Confederate States of America
Power to do enact, That during the present invasion of the Con-
suspend. 7 o jt
federate 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 hy the
enemy as to require the declaration of martial law for
their effective defence.
lsesPgi' act [396] authorizing the suspension
S1?- .. of the writ of habeas corpus is hereby limited to ar-
Limitation r J
as to arrests. rests made by the authorities of the Confederate gov¬
ernment, or for offences against the same.
Duration of ^98. That the act which this act is intended to limit
the act. shall continue in force for thirty days after the next
meeting of Congress, and no longer.
git'cK 5i862 399. That during the present invasion of the Con-
ruspend? federate States the President shall have power to
MILITARY LAWS.
133
suspend the privilege of the writ of habeas corpus in
any city, town, or military district whenever, in his
judgment, the public safety may require it; but such
suspension shall apply only to arrests made by the
authorities of the Confederate government, or for
offences against the same.
400. The President shall cause proper officers to in- iwa, g 2.
vestigate the cases of all persons so arrested, in order toSes.
that they may be discharged, if improperly detained,
unless they can be speedily tried in due course of law.
401. This act shall continue in force for thirty days ibid, g 3.
after the next meeting of Congress, and no longer. thTact?n °f
402. Whereas the Constitution of the Confederate Feb.i5,i864
States of America provides, in article first, section preamble!
nine, paragraph three, that " the privilege of the writ
of habeas corpus shall not be suspended unless when,
in case of rebellion or invasion, the public safety may
require it;" and whereas the power of suspending the
privilege of said writ, as recognized in said article
first, is vested solely in the Congress, which is the ex¬
clusive judge of the necessity of such suspension; and
whereas, in the opinion of the Congress, the public
safety requires the suspension of said writ in the ex¬
isting case of the invasion of these states by the armies
of the United States; and whereas the President has
asked for the suspension of the writ of habeas corpus,
and informed Congress of conditions of public danger
which render the suspension of the writ a measure
proper for the public defence against invasion and in-
suwection. Now, therefore,
The Congress of the Confederate States of America do Suspension
enact, That during the present invasion of the Con¬
federate States the privilege of the writ of habeas cor¬
pus be and the same is hereby suspended; but such
suspension shall apply only to the cases of persons ar¬
rested or detained by order of the President, Secretary
of War, or the general officer commanding the trans-
Mississippi military department, by the authority and
under the control of the President. It is hereby de¬
clared that the purpose of Congress in the passage of
this act is to provide more effectually for the public
134
DIGEST OF
safety, by suspending the writ of habeas corpus in the
following cases, and no others:
specified First—Of treason, or treasonable efforts or combi-
cases.
nations to subvert the Government of the Confederate
States.
Second—Of conspiracies to overthrow the govern¬
ment, or conspiracies to resist the lawful authorities
of the Confederate States.
Third—Of combining to assist the enemy, or of
communicating intelligence to the enemy, or giving
him aid and comfort.
Fourth—Of conspiracies, preparations, and attempts
to incite servile insurrection.
Fifth—Of desertions or encouraging desertions, of
harboring deserters, and of attempts to avoid military
service: Provided, That in cases of palpable wrong
and oppression by any subordinate officer, upon any
party who does not legally owe military service, his
superior officer shall grant prompt relief to the op¬
pressed party, and the subordinate shall be dismissed
from office.
Sixth—Of spies and other emissaries of the enemy.
Seventh—Of holding correspondence or intercourse
with the enemy without necessity, and without the
permission of the Confederate States.
Eighth—Of unlawful trading with the enemy, and
other offences against the laws of the Confederate
States enacted to promote their success in the war.
Ninth—Of conspiracies, or attempts to liberate
prisoners of war held by the Confederate States.
Tenth—Of conspiracies, or attempts or preparations
to aid the enemy.
Eleventh—Of persons advising or inciting others to
abandon the Confederate cause, or to resist the Con¬
federate States, or to adhere to the enemy.
Twelfth—Of unlawfully burning, destroying, or in¬
juring, or attempting to burn, destroy," or injure any
bridge, or railroad, or telegraphic line of communica¬
tion, or other property, with the intent of aiding the
enemy.
Thirteenth—Of treasonable designs to impair the
MILITARY LAWS.
135
military power of the government by destroying, or
attempting to destroy, the vessels, or arms, or muni¬
tions of war, or arsenals, foundries, workshops, or
other property of the Confederate States.
403. The President shall cause proper officers to in- ibid. §2.
vestigate the cases of all persons so arrested or de- t£n1>f cases,
tained, in order that they may be discharged, if im¬
properly detained, unless they can be speedily tried
in the due course of law.
404. That during the suspension aforesaid no mili- ibid, §3.
Answer to
tary or other officer shall be compelled, in answer to writ,
any writ of habeas corpus, to appear in person, or to
return the body of any person or persons detained by
him by the authority of the President, Secretary of
War, or the general officer commanding the trans-
Mississippi department; but upon the certificate, under
oath, of the officer having charge of any one so de¬
tained, that such person is detained by him as a pris¬
oner for any of the causes herein before specified,
under the authority aforesaid, further proceedings
under the writ of habeas corpus shall immediately
cease, and remain suspended so long as this act shall
continue in force.
405. This act shall continue in force for ninety days Ration of
after the next meeting of Congress, and no longer. tbe act"
VII.—-HOSPITALS :* SICK AND WOUNDED
SOLDIERS.
406. Laundresses.
407. Pay of laundresses.
408. Hospital fund; how constituted and managed.
409. Transportation of supplies by railroads and boats.
410. Clothing allowed.
411. Matrons, female nurses, and attendants. . Surgeons and assistant
surgeons may employ other nurses, cooks, and ward-masters.
Soldiers assigned as nurses and ward-masters.
* For hospital surgeons and assistant surgeons, see 207.
For hospital stewards, 42.
For clerk in charge of supplies contributed to hospitals, 43.
For hospital guards and clerks, see 172 et seq.
For cooks and nurses for sick and wounded, 244,
For authority of quartermasters to administer oath to sick and wounded sol¬
diers, 379.
136
DIGEST OF
412. Hospitals; how designated. To what hospitals sick or wounded
soldiers shall be sent.
413. Pay of cooks, nurses, etc.
414. Transportation of sick and wounded soldiers. Provision for water.
415. Detail to accompany sick and wounded.
416. Commutation value of rations increased. Rules and regulations.
417. Idem.
418. Way hospitals.
419. Furloughs and discharges.
420. Idem.
421. No passport required other than furlough.
422. Discharges and transportation.
423. Board of examiners.
424. Duty of house surgeons.
425. Officers allowed hospital accommodations at one dollar per day.
426. When officers shall be without money.
427. Accommodations to include subsistence.
Deo. 7,1861
ch. 3.
Laundresses
May 1,1863
§ 2, ch. 86.
Pay of laun-
Sept. 27,1862
§ 1, ch. 17.
Hospital
fund; how
constitnted
and man-
406. That superintendents of the different military
hospitals be and they are hereby authorized to employ
laundresses for the sick and wounded soldiers, at such
rate's, and in such numbers, as may be prescribed by
the War department.
407. That the pay to be hereafter allowed to all
laundresses in hospitals or other places, in the service
of the Confederate States, shall be twenty-five dollars
per month, with rations and quarters, instead of the
pay now allowed by law.
408. That the commutation value of rations of sick
and disabled soldiers, in the hospitals of the Confed¬
erate States, is hereby fixed at one dollar [416, 417],
instead of the commutation now allowed by law, which
shall constitute the hospital fund, and be held by the
commissary, and be paid over by him, from time to
time, to the surgeon or assistant surgeon in charge of
the hospital of which the soldier, whose ration was
commuted, is an inmate, upon the said surgeon or as¬
sistant surgeon's requisition, made in writing, when
necessary to purchase supplies for said hospital: Pro¬
vided, however, When said sum for any one hospital
shall increase over and above the monthly expendi¬
tures of the same to an amount exceeding the sum of
five thousand dollars, the said commissary shall be re¬
quired to deposit the said excess over and above the
said five thousand dollars in the Treasury of the Con¬
federate States, or such other place of deposit where
government moneys are ordered to be kept j which said
MILITARY LAWS.
137
deposits, when so made, shall he passed to the credit
of the said Confederate States, and be liable to draft
as other public moneys are; and all such funds shall
be accounted for by the said commissary in his month¬
ly report and abstracts as now required by law: And
provided, further, That all such surgeons and assistant
surgeons who shall receive from the said commissary
any part of said hospital fund, to be expended for the
use of hospitals, shall be held liable for a faithful ap¬
plication of it, and in a weekly account and abstract,
to be made out and forwarded to the office of the Sur¬
geon-General, to be verified in every instance by vouch¬
ers, shall show what disposition has been made of it,
which account, abstract, and accompanying vouchers,
shall be placed on file.
409. That the Secretary of War is hereby authorized ibid, §2.
and directed to make a contract with the several rail- tion of sup-
road companies and lines of boats, for the speediest roadsand"1
practicable transportation of all supplies purchased
for the use of hospitals by agents accredited by the
surgeon or assistant surgeon in charge for that purpose,
or donations by individuals, societies, or states; and
it shall be lawful for the Quartermaster-General to fur¬
nish general transportation tickets to such agents upon
all railroad trains and canal-boats, when engaged in the
actual service of said hospitals, upon the request of the
said surgeon or assistant surgeon.
410. That there shall be allowed to each hospital of ibid, g 3.
Clothing
the Confederate States suits of clothing, consisting of allowed,
shirts, pantaloons, and drawers, equal to the number
of beds in the same, for the use of the sick while in the
hospitals, when so ordered by the surgeon or assistant
surgeon in charge—which said clothing shall be drawn
upon the written requisition of said surgeon or assist¬
ant surgeon, and shall be receipted for and kept as
hospital clothing, and be accounted for by him as other
public property.
411. That there be allowed to each hospital, with ibid, §4.
... ■, nil- 1 n 11 ■ Matrons, fe-
rations and suitable places ot lodging, the following maienurBes,
matrons, and female nurses and attendants, viz: Two ants,
matrons, to be known and designated as hospital
138
DIGEST OF
matrons in chief, at a salary not to exceed forty dollars
per month each, whose general duties shall be to exer¬
cise a superintendence over the entire domestic econo¬
my of the hospital, to take charge of such delicacies
as may be provided for the sick, to apportion them out
as required, to see that the food or diet is properly pre¬
pared, and all such other duties as may be necessary.
Two matrons, to be known and designated as assistant
matrons, whose general duties shall be to superintend
the laundry, to take charge of the clothing of the sick,
the bedding of the hospital, to see that they are kept
clean and neat, and perform such other duties as may
be necessary, at a salarj7- not to exceed thirty-five
dollars per month each. Two matrons for each ward,
at a salary not to exceed thirty dollars per month
each, to be known and designated as ward-matrons,
whose general duties shall be to prepare the beds and
bedding of their respective wards, to see that they are
kept clean and in order, that the food or diet for the
sick is carefully prepared and furnished to them, the
medicine administered, and that all patients requiring
careful nursing are attended to, and all such other du-
Surgeons ties as may be necessary. And all surgeons and as-
and assist- ^ ^ °
ant surgeons sistant surgeons in charge of a hospital are hereby
may employ
other authorized to employ such other nurses, either male
nurses,cooks
and ward- or female, as may be necessary to the proper care and
attention of the sick, at a salary each not to exceed
twenty-five dollars per month, and also the necessary
cooks, at a salary not to exceed twenty-five dollars
each, and one ward-master for each ward, at a salary
not to exceed twenty-five dollars per month each, giv¬
ing preference in all cases to females where their ser-
Soidiers as- vices may best subserve the purpose ; and in the event
signed as
nurses and a sufficient number of such nurses and ward-masters
ward-mas-
ters. can not be employed, not liable to military service,
and it shall become necessary to assign to this duty
soldiers in the service, then, upon the requisition of
such surgeon or assistant surgeon in charge of such
hospital, the soldier or soldiers so assigned, who are
skilful and competent, shall be permanently detailed
to this duty, and shall only be removable for neglect
MILITARY LAWS.
139
or inattention by the surgeon or assistant surgeon in
charge : Provided, In all cases, that all other attend¬
ants and servants, not herein provided for, necessary to
the service of said hospital, shall be allowed as now
provided by law.
412. That the hospitals of the Confederate States ibid, g 5.
shall hereafter be known and numbered as hospitals ho°wPdesig-
of a particular state; and in all cases where the same whathospi-
can be done without injury to the patients or great wounded01
inconvenience to the government, all sick or wounded shaUbesent
soldiers, being citizens or residents of such particular
state, shall be sent to such hospital as may represent
the same, and to such private or state hospitals repre¬
senting the same, which may be willing to receive
them.
413. That all persons authorized to be employed by p^'o|6-
section fourth of this act [411], who are not engaged
in the military service, and whose pay is not now pro¬
vided for by law, shall be paid monthly by any quar¬
termaster or other person authorized to pay troops in
the military service, upon a muster or pay roll to be
made out and certified to by the surgeon 01* assistant
surgeon having in charge the hospital or hospitals in
which said persons have been employed.
414. That the Secretary of War is hereby author¬
ized, in such way and manner as he may deem best,
and under such rules and regulations as he may pre¬
scribe, to enter into and perfect some suitable arrange¬
ment with the railroad companies, their officers, or
authorized agents, whereby seats in one 01* more cars
of each railroad train, as the necessities of the case
may be, shall be reserved for the use of the sick and
wounded soldiers who may desire transportation on
any such railroad, and that no person not sick or wound¬
ed, and not an attendant upon the sick and wounded,
shall be permitted to enter any such car or cars so
reserved, until the said sick and wounded and their
attendants shall first have obtained seats; and also Provision for
shall perfect some arrangement with the said railroad
companies, their officers, or agents, whereby all con¬
ductors having in charge any such trains shall be re-
Ibid, \ 7.
Transporta¬
tion of sick
and wound¬
ed soldiers.
140
DIGEST OF
quired to provide, for the use of the sick and wounded
in the cars so reserved, a sufficient quantity of pure
water.
Detaiito 445' ^hat a^ surgeons and assistant surgeons in
accompany charge of a hospital, having in his or their charge any
wounded, sick or wounded soldier, desiring transportation as
aforesaid, shall, in all cases, detail some competent per¬
son, acting under his or their authority, whose duty it
shall be to accompany all such sick and wounded to
the depot of any such railroad, to see that all such are
properly cared for, and that they obtain seats on the
said car or cars so reserved.
fiaych 8663 416. That the commutation value of rations of sick
Commuta- an(j disabled soldiers of the army shall, from and after
tion value of J 7
rations in- the passage of this act, be fixed at one dollar and twen-
creased. j. o j
ty-five cents each [417], instead of one dollar, as pro¬
vided in the first section of the above recited act, and
that the provisions of this act, and the above recited
act, approved September twenty-seventh, one thou¬
sand eight hundred and sixty-two, shall be so construed
as to apply to all sick and disabled soldiers of the army,
whether in hospitals or other places, used in camp or
in the field as hospitals ; and that it shall be the duty
of the Surgeon-General, under the direction of the
Secretary of War, to prescribe such rules and regula¬
tions in his department as will secure to all sick and
disabled soldiers the benefit of the provisions of this
and the act to which this is an amendment: Provided,
That twenty-five cents for each ration so commuted
shall not be drawn or appropriated until the Secretary
of War shall deem the same necessary to purchase
suitable supplies for the use of the sick and disabled
of the army.
Feb. 15,1864 417. That the commutation value of rations of the
idem.' sick and wounded, and of all employees in hospitals, be
fixed at such rates, not to exceed two and a half dol¬
lars, as the Secretary of War shall designate.
May 1,1863 418. That, in addition to the hospitals now establish-
§3, ch.86. ' r
pitaaishos" e(*' ^ 8^ia^ be duty of the Surgeon-General to es¬
tablish, at convenient and suitable points of location
on the different railroad routes, such other hospitals as
MILITARY LAWS.
141
may be necessary to furnish quarters and rations to
sick and disabled soldiers who may be permitted to re¬
turn home on furlough, or after an honorable discharge
from the military service •, and the hospitals so estab¬
lished shall be known and designated as way hospitals,
and shall be furnished with suitable bedding and pro¬
visions, and in every respect be under the same rules
and regulations of other hospitals.
419. That sick, wounded, and disabled soldiers in p^gg63
hospitals shall be entitled-to furloughs and discharges a"d'd^?hS
under the following rules and regulations : In places chai'ges-
where there are three or more hospitals, three surgeons
in charge of hospitals, or divisions in hospitals, shall
constitute a board of examiners for the hospitals to
which they belong, whose duty it shall be, twice in
each week, to visit said hospitals, and examine appli¬
cants for furloughs and discharges ; and in all cases
where they shall find an applicant for furlough unfit
for military duty, either from disease or wounds, and
likely so to remain for thirty days [420] or upwards,
they shall grant a furlough for such time as they shall
deem him unfit for duty, not to exceed sixty days.
Said board shall keep a secretary or clerk, who shall
Issue all furloughs by order of the board, and shall
specify therein the time of furlough, the place of the
residence of the soldier, his company, regiment, and
brigade.
420. That an act regulating the granting of furloughs Feb. 17,1864
and discharges in hospitals, approved May the first, idem.'
eighteen hundred and sixty-three [419], be and the
same is hereby so amended as to provide that the pe¬
riod of disability therein named which entitles soldiers,
sick and wounded in hospitals, to furloughs, shall be
extended to sixty days or upwards, in which case the
board of examiners may grant furloughs for sixty
days.
421. That no further regulation shall be required of May 1,1^3
the soldier, and no passport required other than his No passport
required
iurlough. Other than
furlough.
142
DIGEST OF
Ibid, § 3.
Discharges
and trans¬
portation.
Ibid, § 4.
Board of
examiners.
Ibid, 5 5.
Duty of
house sur¬
geons.
April 29,
1863, § 1,
ch. 47.
Officers al¬
lowed hos¬
pital accom¬
modations
at one dollar
per day.
Ibid, I 2.
When offi¬
cers shall be
without
money.
Feb. 13,1864
Res. 19.
Accommodar
tions to in¬
clude sub¬
sistence.
422. That the said board may recommend discharges,
stating the grounds thereof, which, when approved by
the Surgeon-General or the general commanding the
army or department to which the soldier belongs, shall
entitle him to a discharge and transportation to the
place of his enlistment or residence.
423. That in places where there are but two hospi¬
tals, two surgeons in charge of a hospital or division
shall constitute a board for the purposes aforesaid;
and in places where there is but one, the surgeon in
charge, and two assistant surgeons, if there be two,
and if not, then one, shall constitute a board for the
purpose aforesaid, and may furlough and recommend
discharges as aforesaid: Provided, That no furlough
shall be granted under the provisions of this act, if, in
the opinion of the board, the life or convalescence of
the patient would be endangered thereby.
424. The house surgeon in all hospitals shall see each
patient under his charge once every day.
425. That sick or wounded officers shall be allowed
hospital accommodations [427] in any of the hospitals
of the Confederate States, at one dollar per diem.
426. When said officer shall be without money, he
shall nevertheless be entitled to the same. The sur¬
geon in charge, at the expiration of every thirty days,
shall state the account, and be entitled to draw the
amount at any place where the officer might have
drawn it, which shall be deducted from said officer's
pay in the same way as if he himself had drawn it,
and any officer drawing the same again shall be pun¬
ished as in the case of fraudulent drawers.
427. That the true intent and meaning of an act al¬
lowing hospital accommodations to sick and wounded
officers, approved the twenty-ninth day of April, eigh¬
teen hundred and sixty-three [425], were to cause to
be furnished not only medicines, medical and other at¬
tendance and lodging, but subsistence also.
MILITARY LAWS.
143
VIII.—IMPRESSMENTS.
[See " Employment of Negroes" 179.]
428. Of forage—articles of subsistence or other property absolutely
necessary, authorized. Value of property; how to be ascer¬
tained.
429. Payment to be,made and certificate to be given by the impress¬
ing officer.
430. Value of property; when to be assessed, and how.
431. When the Secretary of War may authorize property to be taken
for public use.
432. Commissioners to be appointed in each state—one by the Presi¬
dent, and one by the governor. Schedule of prices to be
published every two months.
433. Property in the hands of any person other than the raiser or pro¬
ducer; how to be paid for. Cases of disagreement; how de¬
cided.
434. Property necessary for the support of the owner and family not to
be impressed.
435. Property impressed for temporary use and destroyed, to be paid
for.
436. Impressment of slaves; how regulated.
437. Certain slaves not to be impressed except in cases of urgent ne¬
cessity.
438. Substitute for preceding section.
439. Penalty for violating provisions of this act.
440. Impressing officer to approve or disapprove appraisements. Final
valuation.
441. Repeal of foregoing act. Affidavit of owner or agent.
442. Property to be paid for at the time, unless an appeal is taken.
443. Impressing officer to endorse his approval or refusal on appraise¬
ment. Appeal.
444. Commissioners may summon witnesses. Valuation.
445. Oath to be taken.
446. No impressment for benefit of contractors.
447. As to appeals.
448. Impressment of meat.
449. Quantity allowed to be retained. Mode of exercising the powers
granted.
450. Notice to be given to owner of the quantity required, etc.
451. Duty of owner on notice being served.
452. Mode of ascertaining quantity and compensation.
453. Certificate of impressing officer. Payment.
428. The Congress of the Confederate States of America Marcll26,
do enact, That whenever the exigencies of any army ^i'o?1,
in the field are such as to make impressments of for-
age, articles of subsistence, or other property abso- ^,bosti®teeince
lately necessary, then such impressments may be made P^°PeerW ab-
by the officer or officers whose duty it is to furnish necessary,
^ ** authorized.
such forage, articles of subsistence, or other property
for such army. In cases where the owner of. such value of
property and the impressing officer can not agree howmbeas-
upon the value thereof, it shall be the duty of such certained-
impressing officer, upon an affidavit in writing of the
owner of such property, or his agent, that such prop-
144
DIGEST OF
erty was grown, raised, or produced by said owner,
or is held or has been purchased by him, not for sale
or speculation, but for his own use or consumption, to
cause the same to be ascertained and determined by
the judgment of two loyal and disinterested citizens
of the city, county, or parish in which such impress¬
ments may be made—one,to be selected by the owner,
one by the impressing officer; and in the event of
their disagreement, these two shall choose an umpire
of like qualifications, whose decision shall be final.
The persons thus selected, after an oath to appraise
the property impressed, fairly and impartially (which
oath, as well as the affidavit provided for in this sec¬
tion, the impressing officer is hereby authorized to ad¬
minister and certify), shall proceed to assess just com¬
pensation for the property so impressed, whether the
absolute ownership, or the temporary use thereof, only
is required.
ibid, § 2. 429. That the officer or person impressing property
Payment to .-.ii i • « • i
be made and as aforesaid shall, at the time of said taking, pay to
fiftrti fi rifl.t.A to '
be given by the owner, his agent, or attorney, the compensation
ingofficer.88 fixed by said appraisers; and shall also give to the
owner, or person controlling said property, a certifi¬
cate, over his official signature, specifying the bat¬
talion, regiment, brigade, division, or corps to which
he belongs; that said property is essential for the use
of the army, could not be otherwise procured, and
was taken through absolute necessity; setting forth
the time and place when and where taken, the amount
of compensation fixed by said appraisers, and the
sum, if any, paid for the same. Said certificate shall
be evidence for the owner, as well of the taking of
said property for the public use as the right of the
owner to the amount of compensation fixed as afore¬
said. And in case said officer or person taking said
property shall have failed to pay the owner or his
agent said compensation as hereinbefore required,
then said owner shall be entitled to the speedy pay¬
ment of the same by the proper disbursing officer—
which, when so paid, shall be in full satisfaction of all
MILITARY LAWS.
145
claims against the Government of the Confederate
States.
430. Whenever the appraisement provided for in ibid, § 3.
the first section of this act shall, for any reason, be property;
impracticable at the time of said impressment, then assessed, e
and in that case the value of the property impressed
shall be assessed as soon as possible, by two loyal and
disinterested citizens of the city, county, or parish
wherein the property was taken, chosen as follows:
one by the owner, and one by the Commissary or
Quartermaster-General, or his agent, who, in case of
disagreement, shall choose a third citizen, of like
qualifications, as an umpire, to decide the matters in
dispute—who shall be sworn as aforesaid, who shall
hear the proofs adduced by the parties as to the value
of said property, and assess a just compensation there¬
for, according to the testimony.
431. That whenever the Secretary of War shall be ibid, §4.
, . When the
of opinion that it is necessary to take private property Secretary of
for public use, by reason of the impracticability of authorize
procuring the same by purchase, so as to accumulate be°taken for
necessary supplies for the army, or the good of the pubhcuse-
service, in any locality, he may, by general order,
through the proper subordinate officers, authorize such
property to be taken for the public use—the compen¬
sation due the owner for the same to be determined,
and the value fixed, as provided for in the first and
second sections of this act.
432. That it shall be the duty of the President, as ibid, g 5.
early as practicable after the passage of this act, to ers to be ap-
. . . . . 1 , , , pointed in
appoint a commissioner 111 each state where property each state-
shall be taken for the public use, and request the gov- President0
ernor of such of the states in which the President thegovern-
shall appoint said commissioner, to appoint another or"
commissioner, to act in conjunction with the commis¬
sioner appointed by the President, who shall receive
the compensation of eight dollars per day, and ten
cents per mile as mileage, to be paid by the Confeder¬
ate government. Said commissioners shall constitute Scheduleot
1 11 1 -iiii r> i • prices to be
a board, whose duty it shall be to fix upon the prices published
to be paid by the government for all property im- months.w°
10
146
DIGEST OF
pressed or taken for the public use as aforesaid, so as
to afford just compensation to the owners thereof.
Said commissioners shall agree upon and publish a
schedule of prices every two months, or oftener, if
they shall deem it proper; and in the event they shall
not be able to agree in any matter confided to them
in this act, they shall have power to appoint an um¬
pire to decide the matter in dispute, whose decision
shall be the decision of the board; and said umpire
shall receive the same rate of compensation for the
time he shall serve, allowed to said commissioners
respectively: Provided, That said commissioners shall
be residents of the state for which they shall- be ap¬
pointed ; and if the governor of any state shall refuse
or neglect to appoint said commissioner within ten
days after a request to do so by the President, then
the President shall appoint both commissioners, by
and with the advice and consent of the Senate,
ibid, §e. 433. That all property impressed or taken for the
thehandsof public use as aforesaid, in the hands of any person
otherthaT other than the persons who have raised, grown, or
orproducer; produced the same, or pei*sons holding the same for
pajdfoi\e their own use or consumption, and who shall make
the affidavit as hereinbefore required, shall be paid for
according to the schedule of prices fixed by the com-
Cases of dis- missioners as aforesaid. But if the officer impressing
agreement; 1 °
how decided, or taking for the public use such property and the
owner shall differ as to the quality of the article or
property impressed or taken as aforesaid, thereby
making it fall within a higher or lower price named
in the schedule, then the owner or agent and the otfi-
cer impressing or taking as aforesaid, may select
each a loyal and disinterested citizen, of the qualifi¬
cations as aforesaid, to determine the quality of said
article or property, who shall, in case of disagreement,
appoint an umpire of like qualifications, and his de¬
cision, if approved by the officer impressing, shall be
final; but if not approved, the impressing officer shall
send the award to the commissioners of the state
where the property is impressed, with his reasons for
disapproving the same, and said commissioners may
MILITARY LAWS.
147
hear such proofs as the partieB may respectively ad¬
duce, and their decision shall be final: Provided, That
the owner may receive the price offered by the im¬
pressing officer, without prejudice to his claim to re¬
ceive the higher compensation.
434. That the property necessary for the support of ibid, ?7.
1 . ,. Property ne-
the owner and his family, and to carry on his ordinary cessary for
111 1 • i 1 i 1 the support
agricultural and mechanical business, to be ascertained of the owner
by the appraisers to be appointed as provided in the not/obe'fm-
first section of this act, under oath, shall not be taken piessed*
or impressed for the public use; and when the im¬
pressing officer and the owner can not agree as to the
quantity of property necessary as aforesaid, then the
decision of the said appraisers shall be binding on the
officer and all other persons.
435. Where property has been impressed for tern- ibid, §8.
porary use, and is lost or destroyed without the de- pressed fo?1"
fault of the owner, the Government of the Confeder- use, and ^de-
ate States shall pay a just compensation therefor, to belaid for.
be ascertained by appraisers appointed and qualified
as provided in the first section of this act. If such
property when returned has, in the opinion of the
owner, been injured while in the public use, the
amount of damage thereby sustained shall be deter¬
mined in the manner described in the third section of
this act, the officer returning the property being
authorized to act on behalf of the government; and
upon such inquiry, the certificate of the value of the
property, when originally impressed, shall be received
as prima facie evidence of the value thereof.
436. Where slaves are impressed by the Confederate ibid,§9.
1 g J Impress-
government to labor on fortifications or other public mentof
. , slaves; how
works, the impressment shall be made by said gov- regulated,
ernment according to the rules and regulations pro¬
vided in the laws of the state wherein they are impress¬
ed; and, in the absence of such law, in accordance
with such rules and regulations, not inconsistent with
the provisions of this act, as the Secretary of War
shall from time to time prescribe: Provided, That no
impressment of slaves shall be made when they can
148
DIGEST OF
F<b. 16,1864,
I 5, ch. 43.
Substitute
for preced¬
ing section.
be hired or procured by the consent of the owner or
agent [179].
Certain10' " ^at previous to the first day of December
slaves not to next no slave, laboring on a farm or plantation ex-
be impress- ' ° 1
ed. except clusively devoted to the production of grain and pro-
in case of . , 1 ° 1
urgent visions, shall be taken for the public use without the
necessity.
consent of the owner, except m case of urgent neces¬
sity.
438. That the tenth section of the act of which this
is an amendment be stricken out, and the following
inserted instead thereof:
"No slave laboring on a farm or plantation exclu¬
sively devoted to the production of grain or provi¬
sions shall be taken for public use, without the con¬
sent of the owner, except in case of urgent necessity,
and upon the order of the general commanding the
department in which said farm or plantation is situ¬
ated."
439. That any commissioned or non-commissioned
officer or private who shall violate the provisions of
this act shall be tried before the military court of the
corps to which he is attached, on complaint made by
the owner or other person, and, on conviction, if an
officer, he shall be cashiered, and put into the ranks as
a private; and if a non-commissioned officer or pri¬
vate, he shall suffer such punishment, not inconsist¬
ent with military law, as the court may direct.
AprU27, ^ 440. That in all cases of appraisement provided for
impressing in said act [428], the officer impressing the property
prove or dis- shall, if he believe the appraisement to be fair and just,
praisements. endorse upon it his approval; if not, he shall endorse
upon it his reasons for refusing, and deliver the same,
with a receipt for the property impressed, to the own¬
er, his agent, or attorney, and, as soon as practicable,
forward a copy of the receipt and appraisement, and
his endorsement thereon, to the board of appraisers
appointed by the President and the governor of the
valuation, state, who shall revise the same and make a final
valuation, so as to give just compensation for the prop¬
erty taken, which valuation shall be paid by the
March 26,
1863, § 11,
ch. 10.
Penalty for
violating
provisions of
this act.
MILITARY LAWS.
149
proper department for the use of which the property
was taken, on the certificate of the appraisers, as
provided in the act of which this is amendatory.
441. That the act amendatory [440] of the above Feb. 16,1864
L J ? 6, ch. 43.
recited act (approved April twenty-seventh, eighteen Repeal of
\ • , , , „ , ° „ foregoing
hundred and sixty-three), and so much of the first act.
section of said act [428] as requires an affidavit to be Affidavit of
made by the owner or his agent that such property agenT01"
was grown, raised, or produced by said owner, or held,
or has been purchased by him, not for sale or specula¬
tion, but for his own use or consumption, be and the
same is hereby repealed.
442. That in all cases where property is impressed Feb. i6,i864
for the use of the army and navy, or for other public !Joperty3'to
use, under said act, the same shall be paid for at the at uptime
time of said impressment, unless an appeal shall be peaiisanap~
taken from said valuation, as hereinafter provided, taken'
according to the valuation agreed upon between the
parties, or ascertained by loyal and disinterested citi¬
zens of the city, county, or parish in which the im¬
pressment may be made, in the manner and according
to the regulations provided in the first, second, and
third sections of the above recited act, or in the eighth
section thereof, where it is applicable.
443. Whenever the officer making the impressment ibid, g2.
of property under the act hereby amended' shall officerStoeu-
believe that the appraisement is fair and just, he shall provai or re-
endorse his approval upon the appraisement, and praisemen t!
make payment accordingly; but if he shall believe Appeal,
that it is not fair and just, then he shall refuse to ap¬
prove, and endorse the reasons of his refusal on the
certificate, and shall have the right to appeal from the
decision of the appraisers, by reporting the case to
the commissioners appointed under said act to which
this is an amendment, for their decision, whose judg¬
ment shall be final; and in the meantime the property
shall be held and appropriated by the officer impress¬
ing the same, who shall give a receipt therefor to the
owner, who shall also have the right of appeal as
herein provided.
444. The said commissioners shall have power to ibid, g3.
Commission-
150
DIGEBT OF
era may summon and examine witnesses to enable them to fix
summon
witnesses, the value of property impressed, which shall be a just
compensation for the property so impressed, at the
Valuation, time and place of impressment; and when the com¬
missioners shall have fixed the value of property in
cases of appeal, the}1" shall furnish the owner and
impressing officer with a statement of such value,
which valuation by the commissioners shall be within
three months from the time of impressment.
ibid,?4- 445. That said commissioners shall be sworn faith-
Oath to be
taken. fully to discharge all their duties under this act and
the act to which this is an amendment.
No^iinpreBs- ^hat n0 impressment shall be made under this
benefit°of ac^' or a°t which this i8 amendatory, for the
contractors. use or benefit of contractors with the government,
ibid,18. 447, Nothing in this act shall be construed to
As to ap- o
peals. authorize the impressing officer to enter an appeal
from any decision of the local appraisers, under the
seventh section of the act to which this is amenda¬
tory.
Feb. 17,1864 448, That whenever the President shall declare that
21, ch 52. , ,
impress- the public exigencies render it necessary, impress-
meat. ments of meat for the use of the army may be made
from any supplies that may exist in the country,
under the express condition that just compensation
shall be afforded to the owner of the meat taken or
impressed, and subjected to the following restrictions
and limitations:
ibid, $2. 449. The power to direct such impressments shall
Quantity al-
lowed to be be conferred upon the Secretary of War; but he shall
not reduce the supplies of any person below one-half
of the quantity usually allowed for the support of
himself, his family, and dependents for the year. He
ercfslng* the shall exercise the said power by orders directed to the
granted. officers 01* agents he may employ, who shall have
explicit instructions as to the mode of its execution,
and injunctions that the same shall not be abused,
ibid, \3. 450. That these orders shall direct that a notice
Notice to be
given to shall be given to the owner of the meat needed, his
owner of tbe ° . , .
quantity re- bailee, or other agent, declaring the quantity required,
quired, etc. price offered, the existence of a necessity, and
MILITARY LAWS.
151
whether possession is to be taken of the same imme¬
diately, and with whom the risk of the safe-keeping
is to be, pending the negotiation, and in what manner
the compensation shall be settled in case the offer is
not accepted—service of which notice shall be a con¬
dition precedent to any impressment or seizure by
the impressing officer.
451. That upon the service of this notice upon the ibid,§4-
owner of any meat liable to impressment, the owner er on notice
shall hold the same, subject to the claim of the Con- bemgserved
federate States, and shall be entitled to just compen¬
sation, according to the provisions of this act; and if
the necessity is declared by the impressing officer to
be urgent, he shall deliver the possession to the im¬
pressing officer upon his demand, who shall give a
receipt therefor, as provided in the sixth section of
this act.
452. That for the ascertainment of the quantity of ibid, ? 5.
meat liable to impressment under this act, and also of certaining
just compensation for the same, where the owner and amTcompen-
impressing officer can not agree, the impressing officer
shall appoint one loyal and disinterested citizen of the
county, district, or parish in which the meat impressed
shall be at the time of impressment; and the owner of
the meat so impressed, his agent, or other bailee, shall
appoint another, who shall, upon oath, ascertain the
quantity liable to impressment, and the value of the
same at the date of the notice served upon the party,
which oath may be administered by the impressing
officer, and which ascertainment of the quantity and
value shall be conclusive evidence thereof; and if
the assessors can not agree, they may associate with
them a third person, of like qualifications, to make
said assessments.
453. That whenever an impressment shall be made ibid, §6.
under this act, it shall be the duty of the impressing 0f impress-
officer to give an official certificate, showing the quan- ingofflcer'
tity taken, the company, battalion, regiment, or other
command for whose use it is required, the compensa¬
tion to be paid, the circumstances of necessity that
existed—which certificate shall be evidence of a claim
152
DIGEST OF
against the Confederate States, and shall be promptly
Payment, paid by the disbursing officer of the command for
which the meat was taken, or by the chief of the
bureau having charge of disbursements for similar
objects.
IX-MANUFACTURE OF SALTPETRE
AND SMALL-ARMS * AND MINES FOR THE
PRODUCTION OF COAL AND IRON.
454. Establishment of factories. Advances by the government. Con¬
ditions.
455. Enlargement of existing factories.
456. Coal and iron mines. Contracts for purchase of coal and iron.
457. Sequestered land on which are mines of copper, iron, etc., etc.
454. The Congress of the Confederate States of America
do enact, That any person or persons who may propose
April 17,
1862. § 1,
ch. 34.
ment of fac- to establish, within the limits of the Confederate States,
lowances by a manufactory or manufactories of saltpetre, and of
ment.°vein" 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 lor the erec¬
tion and preparation of the works and machinery nec¬
essary to such manufactory or manufactories, to be
repaid without interest in the product of such manu¬
factory or manufactories, at a price to be agreed upon
before such advance shall be made, and subject to the
Conditions, following conditions, to wit: First, That the con¬
tractor 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 toward completion. Third,
That the proposed enterprise and works shall be ap-
* Sen '■ arms and munitions." 388 ft seq.
MILITARY LAWS.
153
proved by the President. Fourth, That the con¬
tractor or contractors shall enter into bond, with suffi¬
cient 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 bo
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 practica¬
ble, 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 administer¬
ed 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 wil¬
ful and corrupt violation of this oath shall be deemed
perjury, and punishable by imprisonment for not less
than three nor more than ten years.
455. The provisions of this act shall apply to cases ibid, §2.
. Enlarge-
of enlargement of manufactories of saltpetre and of pent ofex-
small-arms now established or being established with- ries.D
in the Confederate States, but the advances made in
such cases shall only be fifty per cent, upon the
amount proposed to be invested in the enlargement of
such manufactory or manufactoi'ies; and no now ex¬
isting investment in such manufactory or manufac¬
tories shall be computed or taken into account in de¬
termining such fifty per cent.
450. That the provisions of the act entitled "An A1™11,9'..,
1 1862, ch.41.
154
DIGKST OF
Coal and
iron in ..es.
Contracts
for purchase
of coal and
April 2,
1863, ch. 11.
Sequestered
land on
which are
mines of
copper, iron,
etc., etc.
act to encourage the manufacture of saltpetre and of
small-arms " [454] shall also apply to all establish¬
ments or mines for the production of coal, and for the
production and manufacture of iron; and that, in addi¬
tion to the advance of fifty per cent, therein men¬
tioned, the President be and he is hereby authorized
to enter into contracts for the purchase of coal and
iron, in such quantities as may probably be required
for a series of years, not exceeding six, and to make
advances thereon not exceeding one-third of the
amount of such contract.
457. That any district court of the Confederate
States may, in its discretion, direct any of its receivers
to lease out any sequestered land within his district,
on which are any mines or beds of copper, lead, iron,
coal, saltpetre, or other minerals, for a period not ex¬
ceeding three years, and in such manner and upon
such terms as the court may prescribe, and such orders
may be made either by the court or by the judge
thereof, in vacation.
X.—MISSOURI.
458. Aid extended.
459. Preamble. Co-operation of the President with the state author¬
ities to defend the state. Troops. Officers. Vacancies.
460. Admission of the state upon certain conditions.
461. Recognition of the government of the people and State of Mis¬
souri. Alliance.
462. Missouri admitted.
463. First election for representatives to Congress.
464. Number entitled to.
465. Major-general and brigadier-generals for the troops to be raised
in Missouri.
466. Pay. Staff. Duty.
467. Act when to take effect.
468. Repeal of act for raising troops in Missouri.
469. One million dollars to be issued on certain conditions.
479. To be deducted from amount due.
471. How to be applied.
472. One million dollars to be issued on certain conditions.
473. To be deducted from amount due.
474. Issue of amount authorized by act of January 27, 1862.
475. Pay of officers and soldiers enrolled under command of Major-
General Price.
476. Pay of officers and soldiers of Missouri State Guard.
477. Conditions of payment.
478. Appropriation for certain officers and men of the Missouri State
Guard.
MILITARY LAWS.
165
458. The Congress of the Confederate States of America Aug. 6,1801.
do enact, That to aid the people of the State of Mis- extended,
souri in the effort to maintain, within their own limits,
the constitutional liberty which it is the purpose of
the Confederate States in the existing war to vindi¬
cate, there Bhall be and is hereby appropriated, out of
any moneys in the Treasury not otherwise appropri¬
ated, one million of dollars, to supply clothing, subsist¬
ence, arms, and ammunition to the troops of Missouri
who may co-operate with those of the Confederate
States during the progress of the existing war—said
sum to be expended under the discretion of the Presi¬
dent of the Confederate States, for the purposes afore¬
said.
459. Whereas the people of the State of Missouri Aug.2o,is6i
, , . ? 1, ch. 24.
have been prevented, by the unconstitutional inter- Preamble,
ference of the Government of the United States, from
expressing their will through their legally constituted
authorities in regard to a union with the Confederate
States of America, and are now engaged in repelling
a lawless invasion of their territory by armed forces;
and whereas it is the right and duty of the Confeder¬
ate States to aid the people and government of the
said state in resisting such invasion, and in securing
the means and the opportunity of expressing their
will upon all questions affecting their rights and liber¬
ties; now, therefore,
The Congress of the Confederate States of America do c^the^rM^
enact, That the President of the Confederate States of thestate1
America be and he is hereby authorized to co-operate, to defend*
through the military power of this government, with thestate-
the authorities and the people of the State of Missouri
in defending that state against a lawless invasion by
the United States, and in maintaining the liberty and
independence of her people; and that he be author- Tro°Ps-
ized and empowered, at his discretion, to receive and
muster into the service of the Confederate States, in
the State of Missouri, such troops of that state as may
volunteer to serve in the Army of the Confederate
States, subject to the rules and regulations of said
army, and in accordance with the laws of Congress;
156
DIGEST OF
officers. an(j gaj(j troops may be received into service by com¬
panies, battalions, or regiments, with their officers
elected by the troops, and the officers so elected shall
be commissioned by the President; and when muster¬
ed into service said companies, battalions, or regi¬
ments may be attached to such brigades or divisions
as the President may determine; and the President
shall have power to appoint field-officers for all bat¬
talions and regiments organized out of separate com¬
panies mustered into service, and to add to battalions
a sufficient number of separate companies to complete
their organization into regiments, and to appoint the
additional field-officers necessary for the complete or-
vacancies. ganization of the regiments so formed; and all vacan¬
cies that may occur among the commissioned offi¬
cers of troops mustered into service under this act
shall be filled in the manner provided in the act en¬
titled " An act for the establishment and organization
of the Army of the Confederate States of America,"
approved sixth March, eighteen hundred and sixty-
one [10].
Adm'ifsionof 460. That the State of Missouri shall be admitted a
upon^ertain member of the Confederate States of America, upon
conditions. an equai footing with the other states under the con¬
stitution for the provisional government of the same,
upon the condition that the said constitution for the
provisional government of the Confederate States
shall be adopted and ratified by the properly and
legally constituted authorities of said state, and the
governor of said state shall transmit to the President
of the Confederate States an authentic copy of the
proceedings touching said adoption and ratification
by said state of said provisional constitution; upon
the receipt whereof, the President, by proclamation,
shall announce the fact; whereupon, and without any
further proceedings upon the part of Congress, the ad¬
mission of said State of Missouri into this Confederacy,
under said constitution for the provisional govern¬
ment of the Confederate States, shall be considered as
complete; and the laws of this Confederacy shall be
thereby extended over said State of Missouri as fully
MILITARY LAWS.
157
and completely as over other states now composing
the same.
461. That the Congress of the Confederate States ibid,§s.
n *i -n t i Recognition
recognize the government of which Claiborne r. Jack- of thegov-
• i i ■ o • .iiiii eminent of
son is the chief magistrate to be the legally elected the people
and regularly constituted government of the people Missouri,
and State of Missouri, and that the President of the
Confederate States be and he is hereby empowered, at
his discretion, at any time prior to the admission of
the said state as a member of this Confederacy, to
perfect and proclaim an alliance, offensive and defen- Alliance,
sive, with the said government, limited to the period
of the existing war between this Confederacy and the
United States—the said treat}7 or alliance to be in
force from the date thereof, and until the same shall
be disaffirmed or rejected by this Congress.
462. That the State of Missouri be and is hereby Nov.28.i86i
ch. 1.
admitted as a member of the Confederate' States of Missouri ad-
America, upon an equal footing with the other states
of the Confederacy, under the constitution of the
provisional government of the same.
463. In case the State of Missouri shall adopt and Nov.29,i86i
1 § 1, ch. 2.
ratify the constitution for the permanent uovern- Rirsteiec-
" . . t'011 for
ment of the Confederate States of America, the time Representa-
tives to
for holding in said state the first election for members Congress,
of the House of Representatives, in the Congress of
said Confederate States, under said constitution, shall
be such as may be designated by the legislature of
said state; which election shall be conducted, in all
respects, according to said constitution and the law
of said state, then in force for that purpose; and if
no provision by law shall have been made for such
election, then according to the laws heretofore exist¬
ing therein for the election of members of the House
of Representatives in the Congress of the United
States.
464. The State of Missouri shall be entitled to elect ibid, §2.
thirteen members to the House of Representatives, entitled to.
the same being upon the basis of one member for
every ninety thousand representative population, and
one additional member for a fraction over one-half of
158
DIGEST OF
the ratio aforesaid, under the census of the United
States taken in eighteen hundred and sixty, and being
the same basis of representation fixed for the seven
original states in said constitution for permanent
government.
ai%h2'45862 465. [That the President be and is hereby author-
Mai°anden" ^ze(^ to nominate, and, by and with the advice and con-
gelfearaisrfor sent Congress, to appoint and commission, in the
blera^sed8in Provisional Army of the Confederate States, one ma-
Missouri, jor-general and such brigadier-generals to the com¬
mand of troops, now and hereafter to be raised and
organized for the Provisional Army in the State of
Missouri, as he may think proper,
ibid, g 2. 400 officers appointed under the provisions of
this act shall be entitled to receive pay from the date
staff. 0f their respective appointments, and shall be allowed
Duty- the usual staff appropriate to their rank; and shall be
assigned to the duty of raising and organizing Con¬
federate forces in said state, with the view of putting
them and their respective commands in the field at
the earliest practicable period.
Act to take 467. This act to take effect from and after its pas-
efleet. -..
sage.J*
chb84.7'1862 468. That an act entitled "An act to provide for
actPforraL- raising and organizing, in the State of Missouri, addi-
Mi^souriTm tional troops for the Provisional Army of the Con¬
federate States," endorsed, "passed January ninth,
eighteen hundred and sixty-two " [465], be and the
same is hereby repealed.
^"ch^sm62 469. That the Secretary of the Treasury is hereby
doUarstobe directed to issue to the State of Missouri, upon the
certain°con- application of the fund commissioners for said state,
duions. one mjijjon d0iiars in treasury notes, upon the condi¬
tion that the said State of Missouri deposit with the
Secretary of the Treasury of the Confederate States
an equal sum in the bonds o£ the State of Missouri,
authorized to be issued under an act of the legisla-
* The foregoing act, presented to the President on the 9th of January, 1862, was
not approved by him, nor returned to the Congress within ten days (Sundays ex¬
cepted) after being presented to him; it therefore became a law on the 22d Janu¬
ary, 1862, but was repealed. See 373.
MILITARY LAWS.
ture of said state, entitled " An act to provide for the
defence of said state, and for other purposes," which
bonds shall be held by the Secretary of the Treasury
until the accounts of the State of Missouri for ad¬
vances made for military purposes are adjusted, as
Congress may direct.
470. That upon the final adjustment of the accounts ibid, 2 2.
To 1)6 d<j-
of the State of Missouri against the Confederate States, ductedtf™^
the sum hereby advanced shall be deducted from the °
amount found due to said state.
471. The sum hereby appropriated shall be applied ^id,fo3{,0
by the State of Missouri to the payment of troops in applied,
the service of the said state prior to their muster into
the Confederate service.
472. That the Secretary of the Treasury is hereby F®b-J;5,7:jj862
directed to issue to the State of Missouri, upon the on'e million
1 dollars to be
application of the fund commissioners for said state, issued on
.... in- it certain con-
one million dollars m treasury notes,, upon the condi- ditions.
tion that the said State of Missouri deposit with the
Secretary of the Treasury of the Confederate States
an equal sum in the bonds of the State of Missouri,
authorized to be issued under an act of the legislature
of said state, entitled " An act to provide for the de¬
fence of the State of Missouri, and for other purposes,"
which bonds shall be held by the Secretary of the
Treasury until the accounts of the State of Missouri
for the advances made for military purposes are ad¬
justed, as Congress may direct.
. 473. That upon the final adjustment of the accounts ™be?de-
of the State of Missouri against the Confederate ducted.f^
& amount due.
States, the sum hereby advanced shall be deducted
from the amount found due to said state.
47 i. That the Secretary of the Treasury be author- ^2}9,1802
ized to issue to the State of Missouri the sum of one j^unt
million of dollars, authorized by an act entitled " An ^yta°tri0zfed
act for the relief of the State of Missouri," approved d|62Uary ^
the twenty-seventh of January, eighteen hundred and
sixty-two [469], upon the authorized 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
160
DIGEST OF
in said act, and executing a receipt for the remainder
of such advance, conditioned for the filing of the re¬
mainder of said amount in bonds of the State of Mis¬
souri, 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.
fiPch371863 ' ^at a^ officer and soldiers belonging to the
fay of Confederate States service who were enrolled into
officers an d
soldiers en- said service under the command of Maior-General
rolled under "
command of Sterling Price, in the State of Missouri, shall be allow-
Major-Gen'l , „ _ .
ed by the quartermasters of the respective corps in
the Confederate Army to which such officers and sol¬
diers may belong, compensation according to the laws
of the Confederate States for that period of their ser¬
vice between the time of such troops having been ac¬
tually enrolled in the Confederate service and the
time of their regular acceptance by the proper author¬
ities as Confederate troops.
476. Ail officers and soldiers of the Missouri State
sridfersa<>fd Guard, called into the service of the Confederate States-
state°Guard order of any commanding officer of the Con¬
federate Army, and rendering service to the Confeder¬
ate States under any agreement made between the
authorities of the State of Missouri and those of the
Confederate States, shall receive the same pay for the
time during which such officers and soldiers may have
been in such service as they would have been entitled
to receive if belonging to the Confederate Army*:
Provided, however, That all staff officers belonging to
said Missouri State Guard shall only receive for their
services the same compensation with staff officers dis¬
charging like duties in the Confederate Army.
Conditions ' ^e^ore any officer or soldier shall be entitled to
of payment, receive pay under the provisions of the two preceding
sections, he shall present to the officer to whom he
may apply for payment, a certificate signed by the
commandant of the division, brigade, regiment, or
battalion to which he may have belonged at the time
of the rendition of service, which certificate shall
state the precise period during which such officer or
Ibid, 12.
Pay of
MILITARY LAWS.
161
soldier was in actual service, as contemplated in the
first and second sections of this act: And provided,
further, That the said officer or soldier shall file with
the disbursing officer with whom his application for
payment may be made his affidavit that the period
stated in said certificate is the true and correct time
of his actual service as aforesaid, and that he is not
indebted to the Confederate States on any account
whatever; and thereupon it shall be the duty of any
officer charged with the payment of troops to pay
such claim.
478. That the sum of seventy-five thousand dollars ^phiis,
be and is hereby appropriated out of any money in Appropria-'
the Treasury not otherwise appropriated, to pay the tain officers"
officers and men of the Missouri State Guard (after theMissonri
their transfer to the Confederate States) who, from stateGuard-
imprisonment, absence, and other accidental causes,
have not received their pay, under such rules and
regulations as the Secretary of "War may prescribe.
XL-NATURALIZATION.
479. Protection of aliens while in military service. Right to become
naturalized. Oath.
480. Who may administer oath. Blank forms of oath. Soldiers to be
informed of this act. Oaths to be filed and recorded.
479. That every person not a citizen of one of the Aug. 22,
Confederate States engaged in the military service of ch^V?1'
the said Confederate States during the existing war Sf aliens"1
against the United States of America, shall thereby, military ser-
and whilst in such service, be under the protection of V1C0"
the Confederate States as fully as if he were a citizen
thereof, the rights of a citizen being to such extent
hereby conferred, and moreover shall have the right Right to
to become naturalized, and to become a citizen of any uraHzednat"
one of the Confederate States, and shall thereby be
entitled to all the rights and privileges of a citizen of
said state of the Confederate States, upon taking an oath,
oath to support the constitution of such state, and well
11
102
DIGEST OF
and faithfully to serve the Confederate States of
America, to maintain and support the constitution
and laws thereof, and to renounce all allegiance and
obedience to any foreign government, state, sovereign¬
ty, prince, or potentate, and particularly, by name, the
government, state, sovereignty, prince, or potentate of
which he may be, or have been, a citizen or subject,
and stating which one of the Confederate States he
intends to become a citizen of; but if the state in
which the said applicant shall have resided next be¬
fore his application shall afterwards become a member
of this Confederacy, the citizenship of said applicant
shall remain in said state at his election, notwithstand¬
ing proceedings under this act.
ibid, \ 2. 480. The oath prescribed in the preceding section
Who may
administer may be made by all persons below the rank of colonel,
the oath.
before the colonel or commanding officer of the regi-
ment to which such persons may be attached; and
said oath may be made by colonels, and all officers
superior in rank to colonels, and by all persons enlist¬
ed in the military service of the Confederate States
not attached to regiments, before any commissioned
officer of the Confederate States of rank higher than
oathf°rms that c°l°nel- -A-n(i it shall be the duty of the Sec¬
retary of War to provide blank forms of the oath re¬
quired to be taken as aforesaid, and to cause the same
to be distributed whenever necessary, and to make
be'tnformed the regulations necessary for informing all persons
now engaged in tbe military service of the Confeder¬
ate States of the provisions of this act, and to cause
all the oaths so taken as aforesaid to be returned to
the War department: And it shall be further the duty
of the Secretary of War to file for record, in the dis¬
trict court of the Confederate States for the state and
district where the capital may be situated, all the
oaths so returned to the War department as afore¬
said. And it shall be the duty of the clerk of said
district court to record all oaths of naturalization filed
with him as aforesaid, and to keep an index of the
same; for which service he shall be entitled to a tee
of twenty-five cents for each naturalization oath, to
of this act.
Oaths to be
-filed and
recorded.
MILITARY LAWS.
163
be paid out of the public treasury in the same manner
as his other fees of office.
III.—NITRE AND MINING BUREAU.
481. Corps of officers for the working of nitre caves, etc.
482. Their duties. Superintendent to make reports. Organization.
How long to continue.
483. Nitre bureau established.
484. Duties and expenditures. Powers of superintendent as to con¬
tracts, etc. i
485. Officers of the Nitre bureau.
486. Appointment of officers during recess of the Senate.
481. That for the purpose of procuring a supply of April 11,
1862, ^ 1)
nitre, adequate to the wants of the government dur- ch.26.
ing the continuance of the war with the United States, cers for the
the President be and he is hereby authorized to ap- nitre'caves,
ate
point a corps of officers, consisting of one superintend¬
ent, with the rank, pay, and allowances of a major of
artillery, four assistants, with the rank, pay, and al¬
lowances of a captain of artillery, eight subordinates,
with the rank, pay, and allowances of first lieutenants
of artillery.
482. The duties of the officers, under the supervision ibid, g 2.
of the Chief of Ordnance, shall be to inaugurate and Theirduties'
prosecute a system for the efficient working of the
nitre caves, and to purchase and contract for the de¬
livery of nitre produced within the limits of the Con¬
federate 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 enterprise; to estab¬
lish 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
mako reports, at stated periods, to the Chief of (3rd- make11 t0
1 reports.
164
DIGEST OF
Organiza¬
tion ; how
long to
continue.
April 22,
1863, g 1,
ch. 35.
Nitre
bureau es¬
tablished.
nance, to be submitted to the Secretary of War for
the information of Congress.
This organization to be
Ibid, g 2.
Duties and
expendi¬
tures.
Powers of
superintend¬
ent as to
contracts,
etc.
Ibid, I 3.
Officers of
the Nitre
bureau.
May 1,1863
g 1, ch. 87.
Appoint¬
ment of Offi'
cers during
recess of
Senate.
continued at the discretion of the President.
483. That the officers authorized and appointed un¬
der the act entitled " An act for the organization of a
corps of officers for the working of nitre caves, etc.,"
passed the eleventh of April, one thousand eight hun¬
dred and sixty-two [481], together with such addi¬
tional officers as are authorized by the provisions of
this act, shall constitute an independent bureau of the
War department, to be entitled "the Nitre and Mining
bureau."
484. That said bureau shall have charge of all the
duties prescribed in the second section of said act, and
shall, besides, be charged with all duties and expendi¬
tures connected with the mining of iron, copper, lead,
coal, etc., so far as it shall be deemed necessary to
supply the military necessities of the country; and
the superintendent thereof shall, under the Secretary
of War, have full power to make such leases of real
estate and purchases of fixtures as are necessary or
appurtenant to any mines it may deem expedient to
open or work on government account; and may also
contract, subject to the approval of the Secretary of
War, for such supplies, by purchase or otherwise, of
all copper, lead, iron, coal, zinc, and such other miner¬
als as may be required for the prosecution of the war.
485. That said bureau shall consist of one lieuten¬
ant-colonel as superintendent, three majors as assist¬
ant superintendents, six captains and ten lieutenants,
in which shall be included the officers of the present
nitre corps, who shall have the same pay and allow¬
ances prescribed for officers of cavalry [71] of the
same grades.
486. That the President be and he is hereby author¬
ized to appoint officers in the Nitre bureau and in the
engineer troops during the recess of the Senate, to be
confirmed by the Senate at its next session, and the
commissions of the officers so appointed shall expire
at the end of the next session of the Senate, unles*
the same be confirmed.
MILITARY LAWS.
165
XIII—NORTH CAROLINA.
487. First regiment of North Carolina Volunteers received into Con¬
federate States service for six months.
488. Cadets of the North Carolina Institute.
489. "Lumberton Guards."
490. Payment of North Carolina troops.
487. That the President be and he is hereby author- ^/f0'1801
ized to receive and muster into the service of the lst regiment
r. o n • . Of N. O. Vol-
Coniederate States of America, the First Regiment of inters re-
North Carolina Volunteers, now stationed at York- c. s. service
town, for the term of six months from the time they months,
were sworn in and mustered into the service of North
Carolina, and to discharge them after the expiration
of that period ; said period to commence, at the time
the first company of said regiment was mustered into
the service of North Carolina.
488. That the cadets from the North Carolina In- i^etsof
stitute, at Charlotte, who may have been acting with J^stitute
said regiment, be mustered into service in the same
manner as the residue of the regiment, and recognized
as part thereof, with the pay of privates.
489. Whereas, it appears that the company of volun- 1861
teers known as Company D, of the second regiment e„ards"rt°n
of North Carolina Volunteers, now serving at Sewell's (Company
_ . , ° D, 2d regi-
Point, in Virginia (having been organized prior to the ™
admission of the State of North Carolina into the
Confederacy), was enlisted for the period of six
months only, and has been erroneously enrolled for
the period of twelve months:
Resolved, by the Congress of the Confederate States of ^bedis-
America, That the President be and he is hereby when,
authorized to discharge the said company at the expi¬
ration of six months from the period when they were
sworn in and mustered into the service of North
Carolina, according to the terms of their enlistment
as aforesaid.
490. That the troops heretofore raised by the State May^i, 1863
of North Carolina, and afterwards received into the £aVment of
N. C. troops.
service of the Confederate States by the Confederate
•States, shall be paid from the date of their enlist¬
ment.
Ififi 1UGKST OF
XIV—PRESIDENT.
491. To assume control of military operations.
492. Personal staff.
493. Officer to sign commissions in the army.
494. Personal staff increased.
495. Empowered to make appointments during recess of Congress.
496. Construction of the foregoing act.
497. Certain appointments to be continued.
498. Idem.
499. Authority to make appointments.
Feb. '28,1864
a 1, ch.22.
To assume
control of
military
operations.
Aug. 21,1861
I 4. ch. 34.
Personal
staff.
Dec. 7,1861
ch. 4.
Officer to
sign com¬
missions in
the army.
April 2,1862
ch. 14.
Personal
staff
increased.
March 16,
1861, ch. 60.
during re¬
cess of Con
491. The Congress of the Confederate States of Ameri¬
ca do enact, That to enable the Government of the
Confederate States to maintain its jurisdiction over
all questions of peace and war, and to provide for the
public defence, the President be and he is hereby
authorized and directed to assume control of all mili¬
tary operations in every state, having reference to or
connection with questions between said states, or any
of them, and powers foreign to them.
492. That during the existing war the President
may, as commander-in-chief of the forces, appoint, at
his discretion, for his personal staff, two aides-de-camp
[494], with the rank, pay, and allowances of a colonel
of cavalry.
493. That the President be and he is hereby author¬
ized to delegate power to one or more officers, to be
selected by him, to affix the signature of the Presi¬
dent to commissions in the army.
494. That during the existing war the President
may, as commander-in-chief of the forces, appoint, at
his discretion, for his personal staff, four aides-de-camp
[492], in addition to the number now allowed by law,
with the rank, pay, and allowances of a colonel of
cavalry.
495. That during the recess of this Congress the
Empowered president shall have power to make appointments of
to make ap- 1 1 L
pointments such inferior officers as by the Constitution of this
Provisional Government the Congress has authority
to vest in him alone, anything in any law heretofore
passed to the contrary notwithstanding.
496. That the act described in the caption hereof
[495] shall be held and construed to authorize the
President to appoint, during the recess of Congress.
March 16,
1861, ch. 69.
Construc-
of the fore¬
going act.
MILITARY LAWS.'
167
all officers, civil, military, and naval, established by
law: Provided, Such appointments shall be submitted
to the Congress when it reassembles, for its advice
and consent.
497. That the President be authorized to continue Mayi6,i86i
the appointments made by him in the military and Certain ap-
naval service during the recess of Congress or the to'beam-'8
present session, and to submit them to Congress at 6 '
its next session.
498. That the President be authorized to continue Sept. 3, lsei
ch 1
the appointments made by him in the military and idem,
naval service, during the recesses of Congress, or
during the last or present session, and to submit them
to Congress at the commencement of its next session.
499. That the President be and he is hereby author- Oct. 13,1862
ch. 53.
ized to fill, by appointment, all offices created, and all Authontyto
vacancies which may have occurred, during the pres- pointments.
ent session of Congress: Provided, That said appoint¬
ments shall, at the next session of Congress, be sub¬
mitted to the Senate for its advice and consent: And
provided, further, That said appointments shall expire
unless confirmed during the next session of the Sen¬
ate.
IV-PRISONERS OF WAR.
[See " Retaliation," 508 et seq.~\
500. Preamble. Retaliation authorized.
501. Aid in money.
502. Transfer by the captors. Safe custody and sustenance. Rations.
503. Commissary-General to provide sustenance.
500. Whereas the Government of the United States Aug.3o,i86i
ch. 55.
has placed in irons and lodged in dungeons citizens of Preamble,
the Confederate States acting under the authority of
letters of marque, issued in accordance with the laws
of the Confederate States, by the President thereof,
and have otherwise maltreated the same, and have
seized and confined sundry other citizens of the said
Confederate States, in violation of all principles of
humane and civilized warfare: Therefore,
168
PTOEST OF
Retaiiatiou j$e a enacted by the Conqress of the Confederate States
authorized. * 3 j j
of America. That the President be and he is hereby
authorized to select such prisoners taken from the
United States, and in such numbers as he may deem
expedient, upon the persons of whom he may inflict
such retaliation, in such measure and kind, as may
seem to him just and proper.
501. That the Secretary of War be authorized to
1862, Res. 5. J
Aid in apply, out of the contingent fund of the War depart-
money, ® 1
ment, such sums of money, from time to time, as, in
his judgment, may be necessary for the aid of prison¬
ers of war in the-hands of the enemy : Provided, That
all sums paid any prisoner, or expended for him, shall
be charged to his account.
a^chW861 502. That all prisoners of war taken, whether on
transfer by land or at sea, during the pending hostilities with the
the captors. ' or©
United States, shall be transferred by the captors,
from time to time and as often as convenient, to the
and suste-dy Department of War; and it shall be the duty of the
nance. Secretary of War, with the approval of the President,
to issue such instructions to the Quartermaster-Gen¬
eral [503] and his subordinates as shall provide for
the safe custody and sustenance of prisoners of war;
Rations. an(i £he rations furnished prisoners of war shall be
the same in quantity and quality as those furnished
to enlisted men in the Army of the Confederacy.
chb4717'1864 ' ^at 80 much °f the act of Congress, passed
Commssary May the twenty-first, eighteen hundred and sixty-
provide sus- one [502], as makes it the duty of the Quartermaster-
General, under instructions issued by the War depart¬
ment, to provide for the sustenance of prisoners of
war, is hereby repealed, and hereafter that that duty
shall devolve on the Commissary-General of Subsist¬
ence, and be discharged by him, subject to the provi¬
sions of the act referred to.
MILITARY LAWS.
XVI.—PRODUCTION OF PROVISIONS.
504. Preamble. Recommending the production of provisions.
505. President requested to issue a proclamation.
504. Whereas a strong impression prevails through ^"^'J863
the country that the war now being waged against Preamble,
the people of the Confederate States may terminate
during the present year; and whereas this impression
is leading many patriotic citizens to engage largely
in the production of cotton and tobacco, which they
would not otherwise do; and whereas, in the opinion
of Congress, it is of the utmost importance, not only
with a view to the proper subsistence of our armies,
but for the interest and welfare of all the people, that
the agricultural labor of the country should be em¬
ployed chiefly in the production of a supply of food to
meet every contingency: Therefore,
Resolved, by the Conqress of the Confederate States of Recom-
mending the
America, That it is the deliberate judgment of Con- production
, m , . °f provi -
gress that the people of these states, while hoping sions.
for peace, should look to prolonged war as the only
condition proffered by the enemy short of subjuga¬
tion ; that every preparation necessary to encounter
such a war should be persisted in; and that the
amplest supply of provisions for armies and people
should be the first object of all agriculturalists; where¬
fore it is earnestly recommended that the people,
instead of planting cotton and tobacco, shall direct
their agricultural labor mainly to the production of
such crops as will ensure a sufficiency of food for all
classes and for every emergency, thereby, with true
patriotism, subordinating the hope of gain to the cer¬
tain good of tie country.
505. That the President is hereby requested to issue
a proclamation to the people of these states, urging requested to
u x x > o o 18Sue a proc-
upon them the necessity of guarding against the Nation,
great perils of a short crop of provisions, and setting
forth such reasons therefor as his judgment may dic¬
tate.
170 DIGEST OF
XVII.—PROPERTY DESTROYED.
506. Cotton, tobacco, etc., may be destroyed ; when.
507. Perpetuation of testimony. Indemnity out of sequestration fund.
March 17, 506. That the military authorities of the Confeder-
sf6cottonf' ate Army are hereby authorized and directed to
mayCbe'et°"' destroy cotton, tobacco, military and naval stores, or
when, ' other property of any kind whatever, which may aid
the enemy in the prosecution of the war, when neces¬
sary to prevent the same, or any part thereof, from
falling into the hands of the enemy,
ibid, §2. 507. That the owners of property destroyed under
uonPofUtesti- the operation of this act, as well as those persons
mony' who shall voluntarily destroy their property to pre¬
vent the same from falling into the hands of the ene¬
my, are hereby authorized to perpetuate the testimo¬
ny of such destruction, in the manner prescribed by
an act of the Provisional Congress, entitled " An act
to perpetuate the testimony in cases of slaves abduct¬
ed 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 indemnity out of the proceeds of property sequester-
questratTon e<^ and confiscated under the laws of the Confederate
fund- States, in such manner as Congress may hereafter
provide.
XV III.—RETALIATION.
[See u Prisoners of War," 500 et seq.~\
508. Captives ought to be dealt with by the Confederate government.
509. Acts of United States authorities in regard to slaves.
510. Violation by the enemy of the usages of war.
511. Officers of the enemy commanding negroes ; how punished.
512. Punishment for exciting servile insurrection.
513. Trial of offenders.
514. Negroes engaged in war to be delivered to state authorities when
captured.
fiayEes18563 508. Resolved, by the Congress of the Confederate States
oughtTto be °f America, in response to the message of the Presi-
* See Appendix.
MIMTARY LAWS.
171
dent, transmitted to Congress at the commencement dealt with
of the present session, that, in the opinion of Con- federate
gress, the commissioned officers of the enemy ought government'
not to be delivered to the authorities of the respective
states, as suggested in the said message, but all cap¬
tives taken by the Confederate forces ought to be
dealt with and disposed of by the Confederate gov¬
ernment.
509. That, in the judgment of Congress, the proc- J>id'82-
lamations of the President of the United States authorities'
dated respectively September twenty-second, eighteen slaves,
hundred and sixty-two, and January first, eighteen
hundred and sixty-three, and the other measures of
the Government of the United States and of its
authorities, commanders, and forces, designed or tend¬
ing to emancipate slaves in the Confederate States, or
to abduct such slaves, or to incite them to insurrec¬
tion, or to employ negroes in war against the Con¬
federate States, or to overthrow the institution of
African slavery, and bring on a servile war in these
states, would, if successful, produce atrocious conse¬
quences, and they are inconsistent with the spirit of
those usages which in modern warfare prevail among
civilized nations; they may, therefore, be properly
and lawfully repressed by retaliation.
510. That in every case wherein, during the present ibid, g 3.
. _ Violation by
war, any violation of the laws or usages of war among the enemy
• .i. i • in, , , , oftheusages
civilized nations shall be, or has been done and perpe- ofwar,
trated by those acting under the authority of the
Government of the United States on the persons or
property of citizens of the Confederate States, or of
those under the protection, or in the land or naval
service of the Confederate States, or of any state of
the Confederacy, the President of the Confederate
States is hereby authorized to cause full and ample
retaliation to be made for every such violation, in such
manner and to such extent as he may think proper.
511. That every white person, being a commissioned ibid, g 4.
officer, or acting as such, who, during the present the enemy
, ,, , i A • command-
War, shall command negroes or mulattoes in arms ingnegroes;
against the Confederate States, or who shall arm, ishedPUn~
172
DIGEST OF
Ibid, \ 5.
Punishment
for exciting
servile in¬
surrection.
Ibid, I 6.
Trial of
offenders.
Ibid, I 7.
Negroes en¬
gaged in
war to be
delivered to
state author¬
ities when
captured.
train, organize, or prepare negroes or mulattoes for
military service against the Confederate States, or
who shall voluntarily aid negroes or mulattoes in any
military enterprise, attack, or conflict in such ser¬
vice, shall be deemed as inciting servile insurrection,
and shall, if captured, be put to death, or be other¬
wise punished, at the discretion of the court.
512. Every person, being a commissioned officer, or
acting as such, in the service of the enemy, who shall,
during the present war, excite, attempt to excite, or
cause to be excited, a servile insurrection, or who
shall incite, or cause to be incited, a slave to rebel,
shall, if captured, be put to death, or be otherwise
punished at the discretion of the court.
513. Every person charged with an offence punish¬
able under the preceding resolutions shall, during the
present war, be tried before the military court attach¬
ed to the army or corps by the troops of which he
shall have been captured, or by such other military
court as the President may direct, and in such man¬
ner and under such regulations as the President shall
prescribe, and, after conviction, the President may
commute the punishment in such manner and on such
terms as he may deem proper.
514. All negroes and mulattoes who shall be en¬
gaged in war, or be taken in arms against the Con¬
federate States, or shall give aid or comfort to the
enemies of the Confederate States, shall, when cap¬
tured in the Confederate States, be delivered to the
authorities of the state or states in which they shall
be captured, to be dealt with according to the present
or future laws of such state or states.
Ill—SLAVES.*
515. Disposition of slaves when arrested or captured.
516. Depots for recaptured slaves.
517. Lists of such slaves to be advertised.
518. Employment and removal of such slaves.
* See "Impressments," 436,437, 438. See also " Employment of Negroes, 178,
179.
MILITARY LAWS.
173
519. To be restored to their owners.
520. Kegister to be kept of slaves employed in the army or navy.
521. Subsistence and regulations.
622. Captured slaves of hostile Indians; how to be disposed of.
523. Duties of Superintendent of Indian Affairs with regard thereto.
524. Facts to be reported to the Commissioner of Indian Affairs.
515. That every person connected with the army or Oct. 13^62
navy of the Confederate States, arresting or coming Disposition
into possession of any slave, by capture from the when arrest-
enemy, or otherwise than by lawful authority, shall tured^1*
immediately report the same to the commanding offi¬
cer of the post, or brigade, or station to which he may
be attached. The said commanding officer shall, with
as little delay as practicable, send the slaves so re¬
ported to the nearest depot described in the next sec¬
tion, with a register of the place and date of their
arrest: Provided, however, That the said slaves, or any
of them, may at once be delivered to their respective
owners, if claim is made and established on satisfactory
evidence.
516. The Secretary of War shall establish depots ibid, §2.
n ,11 i Depots for
for recaptured slaves at convenient places, not more recaptured
than five in number in each state, and all slaves cap¬
tured in such state shall be kept in such depots.
Public notice shall be given of the places so selected.
517. Lists of the slaves in each of such depots, show- ibid,?3.
ing the name and color of such slaves, the place and ^aves°tobeh
time of their arrest, and the names of their owners, advertlsed-
as given by themselves or otherwise ascertained, shall
be regularly advertised in each state, in one or more
newspapers of general circulation.
518. While such slaves are in depot, they may be iwd.?4.
employed, under proper guard, on public works; but ment and
no slave shall be removed from the depot to which such slaves,
they are first carried for at least one month after the
first advertisement of his being there, nor then, unless
an exact register is made of the removal, and due ad¬
vertisement made in the newspapers as aforesaid.
519. Free access shall be permitted to all persons ibid,?5.
desiring to inspect the said slaves for the purpose of ed to*their1"
identifying them and establishing ownership, and, upon owners-
174
DIGEST OF
due proof, they shall be immediately restored to the
persons claiming them.
ibid, §6. 520. It shall further be the duty of the Secretary of
Register to . J J
be kept of War to require the names of all slaves in the employ-
empioyed in ment of an officer or soldier of the Confederate Army
the army or _ T , . i r> i •
navy. or -Navy, with the names and residence of their own¬
ers, and of the person by whom hired out, and of the
officer or soldier hiring, to be reported to his depart¬
ment, and a full register thereof to be kept for public
inspection.
ibid, 7. 521. The President shall prescribe regulations for
Subsistence . . «. i • , n i i
and reguia- carrying this act into effect, and provide-for the sub¬
sistence of said slaves while in such depots.
Feb. 17,1862 5 2 2. That all negroes who are slaves, belonging to
Captured' hostile Indians who are members or citizens of any
hostile'in- one of the tribes of Indians friendly to this govern-
to be dispos- ment, and who have been, or may hereafter be, cap-
e ° ' tured by troops or persons in the service of the Con¬
federate States, shall be delivered to the Superintend¬
ent of Indian Affairs west of Arkansas,
ibid, § 2. 523. That said superintendent shall carefully inform
superintend- himself of the persons and tribes to whom each negro
dian°Iffairs belongs, and shall promptly notify the executive, or
theretofard head chief of the proper tribe or tribes, to receive the
same, at some convenient place, and shall deliver said
negro or negroes-to said executive 01* head chief of said
friendly tribe or tribes, as captured property, to be held
by said tribe or tribes until such provisions and orders
shall be made by this government as shall seem just
and wise, and shall take receipts for the same,
ibid, §3. 524. That the said superintendent shall, at or before
reported to the time of such delivery, make out a record, showing
sioner of"in- the name and age and value of each slave received by
him, and shall report the same, and the fact of such
delivery, or other disposition of each of said negroes,
to the Commissioner of Indian Affairs, together with
all the facts of time, place, and circumstances of the
capture, and by whom captured; but in no case shall
any free negro who is so captured be given up by
virtue of this act.
dian Affairs.
MILITARY LAWS.
175
XX—SOUTH CAROLINA.
525. Appropriation for support of provisional troops at Charleston.
526. For support of additional troops.
527. Expenditures by the State of South Carolina for troops employed
in defence of Charleston harbor, to be provided for.
528. Appropriation for claims of the state.
525. The Congress of the Confederate States of America March u,
1861 3 1
do enact, That the following appropriations be made ch. 37.*'
for the support of the provisional troops called into «onrforrsup-
service by the act aforesaid pay of the troops, six vSonai pr°~
hundred and fifty-eight thousand six hundred and Charleston,
eighty dollars. Forage for officers' horses and quar¬
termaster's animals and cavalry horses, twenty thou¬
sand six hundred and sixty-two dollars. Subsistence
for troops, two hundred and seventy thousand dollars.
Clothing for the troops, two hundred thousand dollars.
Camp and garrison equipage, eighteen thousand two
hundred and sixty-seven dollars and seventy-two cents.
Supplies for the quartermaster's department, seventy-
six thousand one hundred and sixty dollars. Fuel for
troops and hospitals, fifty-nine thousand nine hundred
and ninety-seven dollars. Medical and hospital de¬
partment, twenty thousand dollars
526. That the additional sum of eight hundred and ibid, g 2.
sixty thousand two hundred and twenty-eight dollars ofaddufonai
and forty-five cents is hereby appropriated for the troops'
support of two thousand additional troops, to be called
into the service of the Confederate States for twelve
months, at Charleston, South Carolina, whenever, in
the discretion of the President, their services may be
required.
527. That the expenditures made by the State of Mayio,i86i
South Carolina for the pay and maintenance of the Expendi-
troops employed in the defence of the Charleston har- state of1 e
bor, under the command of Brigadier-General Beau- linafor ai°~
regard, were intended to be provided for by an act pioyedi™"
_ _ defence of
Charleston
* Title : An act making appropriations for the support of three thousand men harbor to be
for twelve months, to be called into service at Charleston, South Carolina, under provided for.
the third and fourth sections [84, 85] of an act of the Congress "To raise pro¬
visional forces for the Confederate States of America, and for other purposes."
t An act to raise provisions! forces for the Confederate States of America, aud for
other purposes [84, 85].
176
DIGE8T OF
[525] making appropriations for the support of three
thousand men, for twelve months, to be called into
service at Charleston, South Carolina, under the third
and fourth sections [84, 85] of an act of the Congress
to raise provisional forces for the Confederate States
of America, and for other purposes; and that the
amount of such expenditures be audited by the proper
officer of the Treasury department, and that the
amount which shall be found due be paid to the State
of South Carolina from the appropriation made by
the act aforesaid.
Res 54'1861 528. That the sum of two hundred and fifty thou-
uonforrIa sand dollars be and is hereby appropriated, as an ad-
ciaims of the vance on account of any claims of the State of South
state. J
Carolina upon the Confederate States; and that the
same be paid to such person as may be authorized by
the Legislature of South Carolina to receive the same.
X XT.—TAXES.
I.—Tax in kind. Act of April 24, 1863.
629. What each farmer and planter may reserve. Tax on remainder.
530. Commutation for sweet potatoes.
531. Tobacco to be collected by agents appointed by Secretary of the
Treasury.
532. How and when to be delivered.
533. Qualities of tobacco.
534. Repeal of conflicting laws.
535. When cotton, etc., has been destroyed, tax to be refunded.
536. Remission of tax in proportion to loss.
537. Slaughtered hogs. Cattle, horses, etc.
538. Equivalent for bacon to he delivered in salt pork.
539. Post quartermasters. Collection and distribution of articles.
540. Duration of the act.
II.—Tax in kind. Act of February 17, 1864.
541. What eaoh farmer may reserve. Tax on remainder. Persons
exempt.
542. Slaughtered hogs. Cattle, horses, mules, etc.
543. Post quartermasters. Collection and distribution of articles.
544. Assessors; their appointment, duties, etc.
545. Duration of the act.
III.—Exemptions from taxation.
546. Salaries of persons in military or naval service.
647. Daily wages of detailed soldiers.
548. Salaries of persons in military or naval service.
519. Property of certain persons of a specified value.
military laws.
177
I. Tax in kind. Act of April 24, 1863.
529. Each farmer and planter in the Confederate April 24.
States, after reserving for his own use fifty bushels of chM's?11,
sweet potatoes and fifty bushels of Irish potatoes, Krwd
one hundred bushels of the corn, or fifty bushels of Reserve.may
the wheat produced in the present year, shall pay and ma^Ter™"
deliver to the Confederate government, of the pro¬
ducts of the present year, one-tenth of the wheat,
com, oats, rye, buckwheat, or rice, sweet [530] and
Irish potatoes, and of the cured hay and fodder;
also, one-tenth of the sugar, molasses made of cane,
cotton, wool, and tobacco; the cotton ginned and
packed in some secure manner, and tobacco shipped
and packed in boxes, to be delivered by him on or
before the first day of March in the next year. Each
farmer or planter, after reserving twenty bushels of
peas or beans, but not more than twenty bushels of
both, for his own use, shall deliver to the Confedei'ate
government, for its use, one-tenth of the peas, beans,
and ground-peas produced and gathered by him dur¬
ing the present year. As soon as the aforesaid crops
are made ready for market, the tax-assessor, in case
of disagreement between him and the tax-payer,
shall proceed to estimate the same in the following
manner: The assessor and the tax-payer shall each
select a disinterested freeholder from the vicinage,
who may call in a third in case of a difference of
opinion, to settle the matter in dispute; or if the tax¬
payer neglects or refuses to select one such freeholder,
the said assessor shall select two, who shall proceed
to assess the crops as herein provided. They shall
ascertain the amount of the crops either by actual
measurement or by computing the contents of the
rooms or houses in which they are held, when a cor¬
rect computation is practicable by such a method, and
the appraisers shall then estimate, under oath, the
quantity and quality of said crops, including what
may have been sold or consumed by the producer
prior to said estimate, whether gathered or not, and
the value of the portion thereof to which the govern-
12
178
DIGEST OF
Articles,
when and
how to be
delivered.
Collector
to issue
warrant of
distress in
case of de¬
fault.
Fees
allowed.
merit is entitled, and shall give a written statement
of this estimate to the said collector and a copy of
the same to the producer. The said producer shall
be required to deliver the wheat, corn, oats, rye,
buckwheat, rice, peas, beans, cured hay and fodder,
sugar, molasses of cane, wool, and tobacco, thus to be
paid as a tithe in kind, in such form and ordinary
marketable condition as may be usual in the section
in which they are to be delivered, and the cotton in
such manner as hereinbefore provided, within two
months from the time they have been estimated as
aforesaid, at some depot not more than eight miles
from the place of production, and if not delivered by
that time, in such order, he shall be liable to pay fif'ty
per cent, more than the estimated value of the por¬
tion aforesaid, to be collected by the tax-collector as
hereinafter prescribed: Provided, The government
shall be bound to furnish to the producer sacks for
the delivery of such articles of grain as require to be
put in sacks for transportation, and shall allow to the
producer of molasses the cost of the barrels contain¬
ing the same. The said estimate shall be conclusive
evidence of the amount in money of tax due by the
producer to the government, and the collector is here¬
by authorized to proceed to collect the same by issu¬
ing a warrant of distress from his office, under his
signature, in the nature of a writ of fieri facias, and
by virtue of the same to seize and sell any personal
property on the premises of the tax-payer or else¬
where, belonging to him, or so much thereof as may
be necessary for the purpose of paying the tax, and
the additional fifty per cent, aforesaid and costs; and
said sale shall be made in the manner and form and
after the notice required by the laws of the several
states for judicial sales of personal property, and the
said warrant of distress may be executed by the tax-
collector or any deputy by him appointed for that
purpose, and the deputy executing the warrant shall
be entitled to the same fees as are allowed in the
respective states to sheriffs executing writs of fieri
facias, said fees to be paid as costs by the tax-paver:
MILITARY LAWS.
179
Provided, That in all cases where the assessor and the
tax-payer agree on the assessment of the crops, and
the value of the portion thereof to which the gov¬
ernment is entitled, no other assessment shall be
necessary j but the estimate agieed on shall be re¬
duced to writing and signed by the assessor and tax¬
payer, and have the same force and effect as the
assessment and estimate of disinterested freeholders
hereinbefore mentioned; and two copies of such as¬
sessment and estimate, thus agreed on and signed as
aforesaid, shall be made, and one delivered to the pro¬
ducer and the other to the collector: And provided, Assessor to
mi i -ii i-i administer
further, That the assessor is hereby authorized to oaths,
administer oaths to the tax-payers and to witnesses
in regard to any item of the estimate herein required
to be made: And provided, further, When agrieultu- incaseten-
r , J ' & ant pays his
ral produce in kind is paid for taxes, if payment be rentinkind.
made by a tenant who is bound to pay his rent in
kind, the tenth part of said rent in kind shall be paid
in kind by the tenant to the government as and for
the tax of the lessor on said rent, and the receipt of
the government officer shall release the lessor from
all obligation to include said rent in kind in his state¬
ment of income, and discharge the tenant of so much
of his rent to the lessor.
580. That so much of section eleven of "An act to Dec. 28,1863
ch. 1.
lay taxes for the common defence, and carry on the Commuta-
Government of the Confederate States," approved sweet pota-
April twenty-fourth, eighteen hundred and sixty-three
[529], as requires farmers and planters to pay one-
tenth of the sweet potatoes produced in the present
year to the Confederate government, be so amended
as to authorize the producers of sweet potatoes in the
year eighteen hundred and sixty-three, to make com¬
mutation by payment of the money value of the tithe
thereof, instead of payment in kind, at rates to be fixed
by the commissioners under the Impressment act.
• 531. That the tax in kind of one-tenth imposed bjr fj^0'^864
said act [529] upon all tobacco grown in the Confed- Tobacco^
erate States, instead of being collected by the post by agents
^ 1 appointed by
quartermaster [539], shall be collected by the agents of
180
DIGEST OF
Ibid, § 2.
How and
when to be
delivered.
Ibid, I 3.
Qualities of
tobacco.
Ibid, § 4.
Repeal of
conflicting
laws.
Feb. 13,1864
g 1. ch. 32.
When cot¬
ton, etc.,
has been
destroyed.
Tax to be
refunded.
appointed by the Secretary of the Treasury to collect
and preserve tobacco, and the tax-assessor shall trans¬
fer their estimates of the tobacco due from each plant¬
er or farmer, specifying both quantity and quality,
to the said agents or their duly authorized sub-agents,
taking their receipts therefor, and shall also transmit
a copy of these estimates to the Chief of the Produce
Loan Office, and when said tobacco has been collected
the said agent shall be liable for its safe custody.
532. That each farmer and planter, not earlier than
the first day of June, nor later than the fifteenth day
of July, shall deliver his tithe of tobacco in prizing
order, put tip in convenient parcels for transportation,
at the nearest prizing depot, of which there shall be
not less than one established in each county by the
agents for the collection and preservation of tobacco,
where the said tobacco shall be prized, and securely
packed in hogsheads, or other packages, suitable for
market, by said agents.
533. That the tax-assessor shall require a statement
from each farmer or planter as to the different quali¬
ties of tobacco raised by him, and shall assess, as due
the Confederate States, one-tenth of each of said quali¬
ties, which shall be stated separately in his estimates,
and shall be delivered separately by the farmer or
planter at the prizing depots.
534. All acts and parts of acts inconsistent with the
foregoing, are hereby repealed.
535. That when cotton or other property subject to
taxation in money, shall have been burned or other¬
wise destroyed, by authority of the government, be¬
fore the expiration of the time fixed by law for the
payment of the tax thereon, the tax-payer may apply
to the district collector, who shall investigate the facts
and make report thereof to the state collector, who
may, if satisfied of such destruction by government
authority, remit the said tax. If the tax in any such
case shall have been paid in advance, it shall be re¬
funded by the state collector. The tax-payer shall, in
every such case, have the right of appeal to the Sec¬
retary of the Treasury.
MILITARY LAWS.
536. That in all cases where the crop out of which
the tax in kind is to be paid has been taken or de- tax in pro-
, . portion to
stroyed by the enemy, the district collector may remit loss,
the tax, in whole or in part, according to the extent
of the loss sustained by the tax-payer : Provided, That
the facts in each case shall be reported to the tax-col¬
lector, and the remission shall not be valid until ap¬
proved by him: And provided,further, That in case
the loss be sustained prior to assessment, the assessor,
on satisfactory proof thereof, may make deduction
therefor in proportion to the loss.
537. That every farmer, planter, or grazier shall April 24,
J * 'to 1863) j 12,
exhibit to the assessor, on or about the first of March, ch.38.
• 1 - ill- n n Slaughtered
eighteen Hundred and sixty-four, an account of all the hogs,
hogs he may have slaughtered since the passage of
this act and before that time; after the delivery of
this estimate to the post quartermaster hereinafter
mentioned by the assessor, the said farmer, planter, or
grazier shall deliver an equivalent for one-tenth of the Equivalent
for one-
same in cured bacon [5881, at the rate of sixty pounds tenth to be
delivered in
of bacon to the one hundred weight of pork. That bacon,
on the first of November next, and each year there- oattie,
after, an estimate shall be made, as hereinbefore pro¬
vided, of the value of all neat cattle, horses, mules not
used in cultivation, and asses, owned by each person in
the Confederate States, and upon such value the said
owners shall be taxed one per cent., to be paid on or
before the first day of January next ensuing. If the
grazier, or planter, or farmer shall have sold beeves
since the passage of this act, and prior to the first day
of November, the gross proceeds of such sales shall be
estimated and taxed as income, after deducting there¬
from the money actually paid for the purchase of such
beeves, if they have been actually purchased, and the
value of the corn consumed by them. The estimate Referew.
of these items shall be made in cases of disagreement
between the assessor and tax-payer as herein pre¬
scribed in other cases of income tax 3 and on each
succeeding first day of November the beeves sold
during the preceding twelve months shall be estimated
and taxed in the same manner.
DIGEST OF
?h°228'1863 ^at assi8tant quartermasters and other agents
Equivalent engaged in the collection of tax in kind may be ali¬
tor bacon to & . .
be delivered thorized, under orders and regulations made by the
in salt pork. 0 .
Secretary 01 War, to demand and receive, in commu¬
tation for the tax in kind on bacon [537], an equiva¬
lent therefor in salt pork.
lJSffib ^he Secretary of War shall divide the
ch. 38. service of the Quartermaster's department into two
Post quar- 1
termasters. branches—one herein denominated post quartermas¬
ters, for the collection of the articles paid for taxes in
kind, and the other for distribution to the proper
points for supplying the army, and for delivering cot¬
ton and tobacco [531] to the agents of the Secretary
of the Treasury. The tax-assessor shall transfer the
estimate of articles due from each person, by way of a
tax in kind, to the duly authorized post quartermas¬
ter, taking from the said quartermaster a receipt,
which shall be filed as a voucher with the chief collec¬
tor in settling his account, and a copy of this receipt
shall be furnished by the chief collector to the auditor
settling the post quartermaster's account as a charge
articles.011 °f against him. The post quartermaster receiving the
estimate shall collect from the tax-payer the articles
which it specifies, and which he is bound to pay and
deliver as a tax to the Confederate government. The
post quartermaster shall be liable for the safe custody
of the articles placed in his care, and shall account for
the same by showing that, after proper deductions
from unavoidable loss, the residue has been delivered
to the distributing agents, as evidenced by their re¬
ceipts. The said post quartermaster shall also state
the accounts of the quartermasters receiving from
him the articles delivered in payment of taxes in kind
at his depot, and make a monthly report of the same
to such officer as the Secretary of War may designate:
Provided, That in case the post quartermaster shall be
unable to collect the tax in kind specified in the esti¬
mate delivered to him as aforesaid, he shall deliver to
the district tax-collector said estimate as a basis for
the distress warrant authorized to be issued, and take
a receipt therefor, and forward the same to the chief
MILITARY LAWS.
tux-collector as a credit in the statement of the ac¬
counts of said post quartermaster: Provided, That
any partial payment of said tax in kind shall be en¬
dorsed on said estimate before delivering the same to
the district tax-collector as aforesaid, and the receipt
given to him therefor by the district tax-collector
shall specify said partial payment. When the articles Distribution
thus collected through the payment of taxes in kind
have been received at the depot as aforesaid, they
shall be distributed to the agents of the Secretary of
the Treasury, if they consist of cotton, wool, or tobac¬
co, or if they be suitable for forage or- subsistence, to
such places and in such manner as the Secretary of
War may prescribe. Should the Secretary of War
find that some of the agricultural produce thus paid
in and suitable for forage and subsistence has been, or
will be, deposited in places where it can not be used
either directly or indirectly, for these purposes, he
shall cause the same to be sold, in such manner as he
may prescribe, and the proceeds of such sale shall be
paid into the Treasury of the Confederate States.
Should, however, the Secretary of War notify the
Secretary of the Treasury that it would be impracti¬
cable for him to collect or use the articles taxed in
kind, or any of them, to be received in certain dis¬
tricts or localities, then the Secretary of the Treasury
shall proceed to collect in said districts or localities
the money value of said articles specified in said esti¬
mate and not required in kind, and said money value
shall be due on the first day of January in each and
every year, and be collected as soon thereafter as
practicable.
540. This act shall be in force for two years after ibid,lis.
. , , Duration of
the expiration of the present year, and the taxes the act.
herein imposed for the present year shall be levied
and collected each year thereafter in the manner and
form herein prescribed, and for the said time of two
years, unless this act shall be sooner repealed: Pro¬
vided, The tax on naval stores, flour, wool, cotton, to¬
bacco, and other agricultural products of the growth
of any year preceding the year eighteen hundred and
IMG EST OF
Feb. 17,1864
g 10, ch. 66.
What each
farmer may
reserve.
Tax on
remainder.
Referees.
Persons
exempt.
sixty 4hree, imposed in the first section of this act,
shall be levied and collected only for the present year.
II. Tax in Kind—Act of February 17, 1864.
541. That each farmer and planter in the Confeder¬
ate States shall pay and deliver to the Confederate
government, of the products of the present year, one-
tenth of the wheat, corn, oats, rye, buckwheat, or
rice, Irish potatoes, and of the cured hay and fodder;
also one-tenth of the sugar, molasses made of cane or
of sorghum, where more than thirty gallons are made,
cotton, wool, and tobacco; the cotton ginned and
packed in some secure manner, and tobacco stripped
and packed in boxes; the cotton to be delivered by
him on or before the first day of March, and the to¬
bacco on or before the first day of July next after
their production. Each farmer or planter shall deliver
to the Confederate government, for its use, one-tenth
of the peas, beans, and ground-peas produced and
gathered by him during the present year. As soon as
each of the aforesaid crops are made ready for mar¬
ket, the thx-assessor, in case of disagreement between
him and the tax-payer, shall proceed to estimate the
same in the following manner: The assessor and tax¬
payer shall each select a disinterested freeholder from
the vicinage, who may call in a third, in case of a dif¬
ference of opinion, to settle the matter in dispute; or
if the tax-payer neglects or refuses to select one such
freeholder, the said assessor shall select two, who shall
proceed to assess the crops as herein provided. They
shall ascertain the amount of the crops, either by act¬
ual measurement or by computing the contents of
the rooms or houses in which they are held, when a
correct computation is practicable by such a method,
and the appraisers shall then estimate, under oath,
the quantity and quality of said crops, including what
may have been sold or consumed by the producer
prior to said estimates, whether gathered or not, ex¬
cepting from said estimates such portion of said crops
as may be necessary to raise and fatten the hogs of
Such farmer, planter, or grazier, for pork: Provided,
MILITARY LAWS.
185
That the following persons shall be exempt from the
payment of the tax in kind imposed by this section,
viz:
I. Each head of a family not worth more [than] five
hundred dollars.
II. Each head of a family with minor children, not
worth more than five hundred dollars for himself, and
one hundred dollars for each minor living with him,
and five hundred dollars in addition thereto for each
minor son he has living or may have lost, or had dis¬
abled in the military or naval service.
III. Each officer, soldier, or seaman in the army or
navy, or who has been discharged therefrom for
wounds, and is not worth more than one thousand
dollars.
IV. Each widow of any officer, soldier, or seaman
who has died in the military or naval service, the
widow not worth more than one thousand dollars :
Provided, That in all cases where the farmer or planter
does not produce more than fifty bushels of Irish po¬
tatoes, two hundred bushels of corn, or twenty bush¬
els of peas and beans, he shall not be subject to the
tax in kind on said articles, or either of them; and
the forage derived from the corn-plant shall also be
exempt in all cases where the corn is not taxed in
kind; neither shall any farmer or planter, who does
not produce more than ten pounds of wool 01; more
than fifteen pounds of ginned cotton for each member
of the family, be subject to said tax in kind. The tax-
assessor, after allowing the exemptions authorized in
this section, shall assess the value of the portion of
said crops to which the government is entitled, and
shall give a written statement of this estimate to the
collector, and a copy of the same to the producer.
The said producer shall be required to deliver the Articles
wheat, corn, oats, rye, buckwheat, rice, peas, beans, howntobe
cured hay and fodder, sugar, molasses of cane or sor- dehvered-
ghum, wool, thus to be paid as a tithe in kind, after they
have been estimated as aforesaid, in such form and or¬
dinary marketable condition as may be usual in the
section in which they are to be delivered, within
DIGKST OK
thirty days from the date of notice given by the agent
of collection that he is ready to receive such produce
(except cotton and tobacco shall be delivered in the
manner and at the times hereinbefore provided) at
some depot not more than twelve miles from the place
of production; and if not delivered by the times and in
the order stated, he shall be liable to pay five times
the estimated value of the portion aforesaid, to be
collected by the tax-collector as hereinafter prescribed:
Provided, The post quartermasters may direct such
delivery to be made at any time within five months
after the date of said estimates, under the sanction of
the penalty aforesaid, and that producers shall be paid
the expenses of the transportation of their tithes at
the usual rates of compensation paid by the govern¬
ment in the state in which the delivery is made. Such
delivery, when required to be made of grain in bush¬
els, shall bo made in bushels according to the govern¬
ment standard of weight per bushel: Provided, That
the government shall be bound to furnish to the pro¬
ducer sacks for the delivery of such articles of grain
as require to be put in sacks for transportation, and
shall allow to the producers of molasses the cost of the
i8sue<war-t° barrels containing the same. The said estimates shall
tress in ewe conclusive evidence of the amount in money of tax
of default. ^ae ^ prociucer the government, and the col¬
lector is hereby authorized to proceed to collect the
same by issuing a warrant of distress from his office,
under his signature, in the nature of a writ of fieri
jacias, and by virtue of the same to seize and sell any
personal property on the premises of the tax-payer or
elsewhere, belonging to him, or so much thereof as
may be necessary for the purpose of paying the tax
and the increase aforesaid and costs; and said sale
shall be made in the manner and form, and after the
notice required by the laws of the several states for
judicial sales of personal property; and the said war¬
rant of distress may bo executed by the tax-collector
or any deputy appointed by him for that purpose, and
allowed. ^e deputy executing the warrant shall be entitled to
the same fees as are allowed in the respective states
MILITARY LAWS.
1*7
to sheriffs executing writs of fieri facias ; said fees to
be paid as cost, by the tax-payer: Provided, That in ^8e8sor
all cases where the assessor and tax-payer agree on payer may
i n i agree upon
the assessment of the crops, and the value of the por- assessment,
tion thereof to which the government is entitled, no
other assessment shall be necessary ; but the estimate
agreed on shall be reduced to writing, and signed by
the assessor and tax-payer, and have the same force
and effect as the assessment and estimate of disinter¬
ested freeholders hereinbefore mentioned; and two
copies of such assessment and estimate, thus agreed on
and assigned as aforesaid, shall be made, and one de¬
livered to the producer, and the other to the collector :
And provided, further, That the assessor is hereby
authorized to administer oaths to the tax-payer, and
to witness in regard to any item of the estimates '
herein required to be made: And provided, further, incase
tenant pays
When agricultural produce in kind is paid for taxes, if his rent in
payment be made by a tenant who is bound to pay
his rent in kind, the tenth part of said rent in kind
shall be paid in kind by the tenant to the government,
as and for the tax of the lessor on said rent; arid the
receipt of the government officer shall release the
lessor from all obligations to include such rent in his
statement of income, and discharge the tenant from
so much of his rent to the lessor.
542. That every farmer, planter, or grazier, or other ibid, |ii. ^
person who slaughters hogs, shall exhibit to the as- hogs? ter°
sessor on or about the first of March, 1864, an account
of all the hogs he may have slaughtered since the
passage of this act and before that time. After the
delivery of this estimate to the post quartermaster
hereinafter mentioned by the assessor, the said farm¬
er, planter, grazier, or other person who slaughters
hogs, shall deliver an equivalent for one-tenth of the
same in cured baqon, at the rate of sixty pounds of
bacon to one hundred weight of pork. That on the cattle,
first of November, 1863, and each year thereafter, an muies/etc.
estimate shall be made, as hereinbefore provided, of
the value of all neat cattle, horses, mules not used in
cultivation, and asses, owned by each "person in the
DIOKST OF
VJben per¬
sons not
subject to
bacon tithe.
Ibid, § 12.
Post quar¬
termasters.
Collection of
articles.
Confederate States, and upon such value the said
owner shall be taxed one per centum, to be paid on
the first day of January next ensuing. If the grazier,
planter, or farmer shall have sold beeves since the
passage of this act and prior to the first day of No¬
vember, the gross proceeds of such sales shall be esti¬
mated and taxed as income, after deducting therefrom
the money actually paid for the purchase of said
beeves, if they have been actually purchased, and the
value of the corn or peas consumed by them. The
estimate of these items shall be made, in case of dis¬
agreement between the assessor and tax-payer, as
herein provided in other cases of income tax: Pro¬
vided, That no farmer, planter, or grazier, or other per¬
son, who shall not slaughter more than two hundred
and fifty pounds of net pork during any year, shall be
subject to the bacon tithe imposed by this section;
and every officer, soldier, or seaman in the military
or naval service, or who may have been discharged
therefrom on account of wounds or physical disabili¬
ty, and any widow of such officer, soldier, or seaman,
or any head of a family who does not own more than
two cows and calves, shall be exempt from the tax
imposed by this section on neat cattle.
543. That the Secretary of "War shall divide the
service of the Quartermaster's department into two
branches—one herein denominated post quartermas¬
ters, for the collection of the articles paid for taxes
in kind, and the other for distribution to the proper
points for supplying the army, and for delivering cot¬
ton and tobacco to the agents of the Secretary of the
Treasury. The tax-assessor shall transfer the esti¬
mate of articles due from each person by way of a tax
in kind to the duly authorized post quartermaster,
taking from the said quartermaster a receipt, which
shall be filed as a voucher with the chief collector in
settling his account, and a copy of this receipt shall
be furnished by-the chief collector to the auditor set¬
tling the post quartermaster's accounts as a charge
against him. The post quartermaster receiving the
estimate shall colleet from the tax-payer the articles
MILITARY LAWS.
189
which it specifies, and which he is bound to pay and
deliver as a tax to the Confederate government. The
post quartermaster shall be liable for the safe custody
of the articles placed in his care, and shall account for
the same by showing that, after proper deductions
from unavoidable loss, the residue has been delivered
to the distributing agents, as evidenced by their re¬
ceipts. The said post quartermaster shall also state
the accounts of the quartermasters receiving from him
the articles delivered in payment of taxes in kind at
his depot, and make a monthly report of the same to
such officer as the Secretary of War may designate:
Provided, That in ease the post quartermaster shall be
unable to collect the tax in kind specified in the esti¬
mate delivered to him as aforesaid, he shall deliver to
the district tax-collector said estimate as a basis for the
distress warrant authorized to be issued, and take a re¬
ceipt therefor, and forward the same to the chief tax-
collector as a credit in the statement of the accounts of
said post quartermaster: Provided, That any partial
payment of said tax in kind shall be endorsed on said
estimate before delivering the same to the district tax-
collector as aforesaid, and the receipt given to him
therefor by the district tax-collector shall specify said
partial payment. When the articles thus collected, Distribution
through the payment of taxes in kind, have been re¬
ceived at the depot as aforesaid, they shall be distrib¬
uted to the agents of the Secretary of the Treasury,
if they consist of cotton or tobacco, or if they be
suitable for forage or subsistence, to such places and
in such manner as the Secretary of War may pre¬
scribe. The wool collected under this act shall be re¬
tained by the Quartermaster's department as supplies.
Should the Secretary of War find that some of the
agricultural produce thus paid in and suitable for for¬
age and subsistence has been, or will be, deposited in
places where it can not be used, either directly or in¬
directly, for these purposes, he shall cause the same to
be sold in such manner as he may prescribe, and the
proceeds of such sale shall be paid into the Treasury
of the Confederate States. Should, however, the Sec-
190
DIGEST OF
retary of "War notify the Secretary of the Treasury
that it would be impracticable for him to collect or
use the articles taxed in kind, or any of them to be re¬
ceived in certain districts or localities, then the Sec¬
retary of the Treasury shall proceed to collect in said
district or locality the money value of said articles
specified in said estimate and not required in kind,
and said money value shall be due on the first day of
January in each and every year, and be collected as
soon thereafter as practicable; and where in districts
heretofore, or which may hereafter be ascertained to
be so impracticable, quartermasters or commissaries,
serving with troops in the field, shall have collected,
or may hereafter collect from producers, any portion
of their tax in kind, the receipts of such officers shall
be held good to the producers against the collection
of the money value of their tax, to the extent and
value of such portions as may have been or may be
hereafter collected. And where assessments in prac¬
ticable localities have been made and transferred to
the post quartermaster, and transportation is difficult
to be obtained, the supply of grain sacks insufficient,
or the amount of produce receivable is too small to
justify the expenses of collection, post quartermasters,
with the approval of the superior officers, shall be
authorized to transfer the estimates to district collec¬
tors, to be collected in their money value only.
ibid, 113. 544. That the assessors whose duty it is under said
Assessors; ^
their aP- act [5291 to estimate the taxes in kind, shall be ap¬
pointment, •- J 1
duties, etc. pointed by the Secretary of War, and their duties
shall be the same and the duties shall be executed in
the same manner as is prescribed by sections ten,
eleven, and twelve of this act, in reference to the esti¬
mates and assessment of taxes in kind on agricultural
products and slaughtered hogs; and there may be one
assessor appointed for each practicable tax district,
and he shall take the oath as assessor of taxes in kind
prescribed by section five of the act for the assess¬
ment and collection of taxes, approved May first,
eighteen hundred and sixty-three, which oath shall be
delivered to such officer as the Secretary of War may
MILITARY LAWS.
191
designate. And the assessors of taxes in kind shall
be separate and distinct from the assessors of money
tax, and shall be subject to the exclusive direction and
control of the War department, and shall receive the
same compensation, for such time as they may be em¬
ployed, as is allowed to other agents of the Quarter¬
master's department.
545. This act shall be in force for two years after ibid, \is.
the expiration of the present year, and the taxes the act.
herein imposed for the present year shall be levied
and collected each year thereafter in the manner and
form herein prescribed, and for the said time of two
years, unless this act shall be sooner repealed.
III. Exemptions from Taxation.
546. That upon the salaries of all salaried persons ^p^124,
serving in any capacity whatever, except upon the jK ch. 3a
salaries of persons in the military or naval service, persons in
there shall be levied and collected a tax of one per nat'suser^
centum on the gross amount of such salary, when not vice"
exceeding fifteen hundred dollars, and two per centum
upon any excess over that amount, to be levied and
collected at the end of each year, in the manner pre¬
scribed for other taxes ennumerated in this act: Pro¬
vided, That no taxes shall be imposed by virtue of this
act on the salary of any person receiving a salary not
exceeding one thousand dollars per annum, or at a like
rate for anotherperiod of time, longer or shorter. [See,
also, 548.]
547. That the daily wages of detailed soldiers, and ^17,1864
other employees of the government, are not liable to Daily wages
. . , , , . of detailed
taxation as income, although they may amount in the soldiers,
aggregate to the sum of one thousand dollars per an¬
num.
548. That upon the salaries of all salaried persons Feb.i7,i864
serving in any capacity whatever, except upon the laiar^of
i • r, • , 1 i • j 1 • persons in
salaries of persons m the military or naval service, military or
there shall be levied and collected a tax of one per vfceal8el
centum on the gross amount of such salary, when not
exceeding fifteen hundred dollars, and two per centum
upon any excess over that amount, to be levied and
192
DIGEST OF
Feb. 17,1864
g 6, ch. 64.
Property of
certain per¬
sons of a
specified
value.
collected at the end of each year, in the manner pre¬
scribed for other taxes enumerated in this act: Pro¬
vided, That no taxes shall be imposed by virtue of this
act on the salary of any person receiving a salary not
exceeding one thousand dollars per annum, or at a like
rate for another period of time, longer or shorter.
549. The following exemptions from taxation under
this act* shall be allowed, to wit:
I. Property of each head of a family to the value of
five hundred dollars; and for each minor child of the
family to the further value of one hundred dollars;
and for each son actually engaged in the army or navy,
or who has died or been killed in the military or naval
service, and who was a member of the family when he
entered the service, to the further value of five hun¬
dred dollars.
II. Property of the widow of any officer, soldier,
sailor, or marine who may have died or been killed in
the military or naval service, or where there is no
widow, then of the family, being minor children, to
the value of one thousand dollars.
III. Property of every officer, soldier, sailor, or ma¬
rine, actually engaged in the military or naval service,
or of such as have been disabled in such service, to the
value of one thousand dollars: Provided, That the
above exemptions shall not apply to any person whose
property, exclusive of household furniture, shall be
assessed at a value exceeding one thousand dollars.
IV. That where property has been injured or de¬
stroyed by the enemy, or the owner thereof has been
temporarily deprived of the use or occupancy thereof,
or of the means of cultivating the same by reason of
the presence or proximity of the enemy, the assess¬
ment on such property may be reduced in proportion
to the damage sustained by the owner, or the tax as¬
sessed thereon may be reduced in the same ratio by
the district collector, on satisfactory evidence submit¬
ted to him by the owner or assessor.
* *' An act to levy additional taxes for the common defence and support of the
government."
MILITARY LAWS.
193
XIII-WAR DEPARTMENT.
550. Department established.
551. Duties of the Secretary of War.
552. Chief and other clerks.
553. When an officer of the army is appointed Secretary of War.
554. Assistant Secretary of War.
555. Chief of the Bureau of War, and clerks. Clerks in other bureaus
of the War department. Assignment of clerks.
556. Increase of clerical force.
557. Further increase of clerical force.
558. Advances on contracts may be made.
559. Purchase or lease of real estate by Secretary of War.
560. Purchase or lease of real estate made by Chief of Ordnance.
561. Consent of state required.
562. Accounts of War department: how to be audited and filed.
563. Bureaus or agencies west of the Mississippi river.
564. Staff officers and clerks.
550. The Congress of the Confederate States of Ameri- Feb. 21, i86i
ca do enact, That an Executive department be and the Department
same is hereby established, under the name of the "War establlshed-
department, the chief officer of which shall be called
the Secretary of War.
551. That said secretary shall, under the direction ibid> 32.
J ' Duties of the
and control of the President, have charge of all mat- secretary of
' & War.
ters and things connected with the army, and with the
Indian tribes within the limits of the Confederacy,
and shall perform such duties appertaining to the army,
and to said Indian tribes, as may, from time to time,
be assigned to him by the President.
552. That the secretary of said department is here- ibid, §3.
by authorized to appoint a chief clerk thereof, and as other clerks,
many inferior clerks as may be found necessary, and
may be authorized by law.
553. That if any officer of the army be appointed Feb^27,1802
Secretary of War, and enter upon the duties of that When an
r- 1 11 i • i-i officer of the
office, he shall not thereby lose his rank in the army, army is
but only the pay and allowance thereof during the time Secretary of
he is Secretary of War, and receiving the salary of
that officer.
554. That the Secretary of War be and he is hereby Dec. 10,1861
authorized and empowered to appoint an assistant, Assistant
who shall be known as the Assistant Secretary of War, war?tory °f
who shall perform such duties as may be assigned him
13
194
DIGEST OF
March 7,
1861.
11, ch. 30.
"Chief of
Bureau of
War, and
clerks.
Clerks in
other bu¬
reaus of the
War depart¬
ment.
Assignment
of clerks.
Aug. 29,1801
ch. 46.
Increase of
clerical
force.
March 14,
1802, ch. 3.
Further in¬
crease of
clerical
force.
by the secretary, and receive as compensation for his
services three thousand dollars per annum.*
555. To the War department there shall be a chief
of the bureau of war, at an annual salary of three
thousand dollars, and five clerks, who shall each re¬
ceive twelve hundred dollars per annum; and one of
them may be appointed disbursing clerk, with an ad¬
ditional salary of six hundred dollars, who shall give
bond, with sureties to be approved by the Secretary of
War. There shall also be one messenger, whose com¬
pensation shall be five hundred dollars per annum.
And to all of the bureaus of the War department, viz.,
the Adjutant and Inspector-General, Quartermaster-
General, the Commissary-General, the Surgeon-Gen¬
eral, the Chief-Engineer, and the Artillery, there shall,
be fourteen clerks, seven of whom shall receive each a
salary of twelve hundred dollars, and seven a salary
each of one thousand dollars per annum* And the
Secretary of War is hereby authorized to assign said
clerks to duty in the respective offices enumerated,
as in his judgment will best promote the public ser¬
vice. And to each of said named bureaus, except the
office of Surgeon-General, there shall be, if deemed
necessary by the Secretary of War, a messenger, at
an annual compensation of five hundred dollars.*
556. That the clerical force of the War department
shall be increased to the extent and in the manner fol¬
lowing, to wit:f
For the Oefice oe the Secretary of War.—One
clerk at the rate* of two thousand dollars per annum;
for the payment of whom, from eighteenth of August,
eighteen hundred and sixty-one, to the eighteenth of
February, eighteen hundred and sixty-two, there is
hereby appropriated the sum of one thousand dollars.
557. That there be added to the number of clerks
now authorized by law in the War department, twen¬
ty additional clerks, to be divided among the several
bureaus, in such proportion as the Secretary of War
* See "Salaries" in Appendix,
f See 29, 36. 37. 40. 43. 57.
MILITARY LAWS.
195
may deem most advantageous, to receive compensa¬
tion as follows, to wit: six at the rate of fifteen hun¬
dred dollars per annum ; six at the rate of twelve hun¬
dred dollars per annum, and eight at the rate of one
thousand dollars per annum.*
558. That the Secretary of "War, with the approba- ^.'55'1861
tion of the President, be authorized, during the exist- Advances on
° contracts
ence of the present war, to make advances upon any maybemade
contract, not to exceed thirty-three and one third per
cent., for arms or munitions [388 et seq.~\ of war:
Provided, That security be first taken, to be approved
by the Secretary of War, for the performance of the
contract, or for a proper accounting for the said money.
559. That the Secretary of War be and he is hereby May i,i863
$ 1 ch 63
authorized to purchase or lease any and all real estate Purchase or
which may by him be deemed necessary for the use of estate by
the government in the conduct of those works or op- war?taiy °f
erations submitted by law to the supervision or con¬
trol of the War department, and for which appropri¬
ations are made by Congress.
560. That the Secretary of War is hereby authorized ibid, \ 2.
to ratify and complete any purchase or lease of real lease of real
estate heretofore made under the direction of the Chief by chief of
of Ordnance, and all such leases or purchases hereto¬
fore made shall be binding as soon as the same are ap¬
proved by the Secretary of War.
561. Every purchase of freehold estate made by au- ibid, §3. •
1 • n 1111 1 • * • Consent' of
thority 01 this act shall be subject to the condition, state requir-
that the consent of the state within whose limits it
lies shall be obtained by the Confederate government.
562. That it shall be the duty of the Second Audi- April 19.
n . -rrr , 1882, Ch. 47.
tor, after examining the accounts for the War depart- Accounts of
, , War depart¬
ment, to certify the balances and transmit the account, ment; how
with the vouchers and certificates, to the Comptroller ed and filed:
for his decision thereon, and when finally adjusted,
said accounts, vouchers, and certificates shall be filed
with the Register, as required by the act " to establish
the Treasury department," approved February twen¬
ty-first, eighteen hundred and sixty-one.
* See "Salaries" in Appendix.
196
DIGEST OF MILITARY LAWS.
Feb. 17,1864
§1, ch. 55.
Bureaus or
agencies
■west of the
Mississippi
river.
Ibid. I 2.
Staff officers
and clerks.
563. That, under the direction of the President, such
bureaus or agencies of the War department may be
organized west of the Mississippi river as the public
service may require, which shall be auxiliary to the
similar bureaus of said department established by law,
and shall perform such duties as may be directed by
instructions from the Secretary of War, or the general
commanding in the trans-Mississippi department [371],
acting under the authority of the War department.
564. Such staff officers and clerks may be assigned
to duty, or appointed by the President in these bu¬
reaus, as may be necessary for the service; and, under
authority from the President, the general commanding
in the trans-Mississippi department may assign such
officers to duty or make appointments therein, subject
to the approval of the President: Provided, That no
clerk employed under this act shall be allowed a sala¬
ry exceeding two thousand dollars per annum, or be
liable to military duty.
NAVAL LAWS.
XXIII—NAVY DEPARTMENT.
[For Navy- Yards, Dock- Yards, etc., see " Forts and Arse¬
nals;" 394, 395.]
565. Department established.
566. Duties of secretary.
567. Chief and other clerks to be appointed.
568. Chief clerk ; his salary and duties. Three other clerks and a mes¬
senger.
569. Two idditional clerks and a draughtsman.
570. Register, draughtsman, and additional clerk.
571. Addnional clerks; how selected.
572. Officer in charge of ordnance, ordnance stores, hydrography, etc.
Officer of orders and details, and matters connected with
courts-martial and courts of inquiry. Surgeon or assistant
surgeon to purchase medicines or medical supplies. Paymas¬
ter to purchase provisions, clothing, etc. Clerks.
565. The Congress of the Confederate States of America Feb. 21, is6i
do enad, That an Executive department be and the Department
same b hereby established, to be called the Navy de- estabh8hed-
part mjnt.
566 That the chief officer of said department shall ibid, g 2.
be ca led the Secretary of the Navy, and shall, under secretary,
the direction and control of the President, have charge
of ill matters and things connected with the Navy of
the Confederacy, and shall perform all such duties ap¬
pertaining to the navy as shall from time to time be
assigned to him by the President.
>67. That said secretary shall be authorized to ap- ibid,§3.
pant a chief clerk, and such other clerks as may be other clerks
foind necessary, and be authorized by law. pointed*
568. That the clerical force of the Navy department March 8,
slall consist of one chief clerk, at a salary of fifteen Jh?3i?
hindred dollars per annum, who shall also perform the his saiary'k;
ratios of disbursing agent and corresponding clerk of and duties'
<aid department, and receive therefor an extra compen¬
sation of six hundred dollars per annum; and also three ^®es°atb®ra
other clerks, two of whom shall receive a salary each messenger,
of twelve hundred dollars per annum, and one a sala¬
ry of one thousand dollars per annum ; and there shall
200
DIGEST OF
Jan. 14,1862
ch. 38.
Two addi¬
tional clerks
and a
draughts¬
man.
April 4,1863
ch. 14.
draughts¬
man, and
additional
clerk.
Feb. 17, 1864
ch. 73.
Additional
clerks.
How select¬
ed.
March 16,
1861. § 6,
ch. 58.
Officer in
charge of
ordnance,
hydrogra¬
phy, etc.
Officer of
orders and
details,
courts-mar¬
tial and
courts of
inquiry.
Surgeon to
purchase
medicines
and medical
supplies.
be attached to said department a messenger, whose
annual compensation shall be five hundred dollars.*
569. That the Secretary of the Navy be and he is
hereby authorized to appoint one additional clerk at
a salary of fifteen hundred dollars per annum, one
other additional clerk at a salary of twelve hundred
dollars per annum, and one draughtsman at a salary
of twelve hundred dollars.*
570. That the Secretary of the Navy be authorized
to appoint a register at a salary of one thousand eight
hundred dollars per annum, a draughtsman $t a sala¬
ry of one thousand two hundred dollars per annum,
and an additional clerk at a salary of one thousand
two hundred dollars per annum.*
571. That the Secretary of the Navy be authorized
to appoint two additional clerks, each with a salary of
fifteen hundred dollars* per annum : Provide, That
such clerks be selected from men not liable to military
duty. T
572. The following officers shall be attache^ to the
Navy department, to wit: An officer, not bel)w the
grade of commander, who shall be charged with the
purchase or preparation of ordnance, ordnance Stores,
and supplies and equipments, and with hydroglaphy,
and with such other duties as the Secretary of the
Navy may from time to time assign to him; an officer,
not below the grade of lieutenant, to be designate as
the officer of orders and detail, who shall, under the
orders of the Secretary of the Navy, prepare and is¬
sue all orders and details for service, and who shall apo,
under the dmection of the Secretary of the Navy, h^e
charge of all matters and things connected with cou^s-
martial and courts of inquiry, and with the custodypf
all records and papers thereunto appertaining, and p^"-
form such other duties relating to the personnel of tie
navy as the Secretary may from time to time direct^
a surgeon or an assistant surgeon, who shall, unde1
the direction of the Secretary of the Navy, make al
purchases of medicines and medical supplies for the
navy, and perform such other duties appertaining to
* See " Salaries" in Appendix.
NAVAL LAWS.
301
the medical department as the secretary may from
time to time direct; a paymaster, who shall, under Paymaster
the direction of the Secretary of the Navy, make all purchases of
contracts for or purchases of provisions, clothing, and etc7181°ns'
coal for the use of the navy, and perform such other
duties as the secretary may direct. The Secretary of cierks.
the Navy is authorized to appoint one clerk to aid each
of the above officers in the discharge of his duties,
whose annual salary shall not exceed fifteen hundred
dollars each;* but the officers therein detailed for duty
shall receive no compensation for their services beyond
their regular pay as on other duty.
573. Commissioned officers to be appointed, and warrant and petty offi¬
cers and seamen to be employed.
574. Annual pay of captains. Of commanders. Of lieutenants. Mas¬
ters. Midshipmen. Surgeons. Assistant surgeons. Pay¬
masters.
575. Assistant paymasters.
576. Salary of assistant paymasters increased.
577. Engineers.
578. Pay of engineer-in-chief and passed assistant surgeons.
579. Warrant officers. Appointments by the President during recess of
Congress.
580. Mode of computing length of service of officers formerly attached
to United States navy.
581. Date of commissions of such officers.
582. Appointment of same.
583. Leave of absence pay of officers resigned from United States ser¬
vice and imprisoned.
584. Additional officers ; appointments from civil life.
585. Grades established.
586. Chief engineers.
587. Appointments for meritorious conduct.
588. Warrant officers.
589. Pay of additional grade.
590. Pay of master's-mates.
591. Chief constructor.
592. Naval storekeepers.
593. Assignment of officers.
594. Temporary military rank and command.
595. Rank in the navy retained, and same pay, etc.
596. Appointment to higher grade.
597. Chaplains for Confederate States naval vessels.
598. Chaplains for naval hospitals.
599. Rations, quarters, fuel, etc.
600. Privilege of purchasing stores.
I. Officers.
* See •' Salaries" in Appendix.
202
DIGEST OF
II. Marine Corps.
601. Corps established. Pay.
602. Duty of quartermaster.
603. Reorganization of corps.
604. Pay and emoluments. Rations.
605. Assignment to any duty connected with the public defence. Tem¬
porary rank and command.
606. Term of enlistment.
607. Bounty.
608. Appropriation for bounty.
609. Additional non-commissioned officers and musicians.
610. Clerks to commandant and quartermaster.
III. Seamen.
611. Pay.
612. Additional number to be enlisted.
613. Bounty.
614. Certain seamen continued in service.
IV. GrUNBOATS AND VE88ELS OK WAR.
615. Armed vessels for seaboard and general defence.
616. Ten steam gunboats for coast defence.
617. Three additional for sea-coast defence.
618. Appropriation.
619. Contracts for building gunboats, etc., without advertising for
proposals.
620. Supplies.
621. Issue of bonds to meet contract for six iron-clad vessels of war to
be constructed abroad.
622. Substitution of bonds for others cancelled abroad.
623. Inventions.
624. Steamer "Florida;" payment for.
625. Payment to be made in eight per cent, bonds.
V. Miscellaneous Provisions.
626. Regulations.
627. United States laws continue in force.
628. Relative and assimilated rank.
629. Corps for service on Western waters.
630. Persons subject to enrolment for military service may enlist in
the marine corps.
631. Duty of enrolling officer.
632. Pay of sailors and marines.
633. Employment of pilots.
634. Site for the preparation and safe-keeping of ordnance stores.
635. Impressment of supplies.
636. Clothing for enlisted men.
I. Officers.
March is, 573. The Congress of the Confederate States of America
ch.58. ' do enact, That the President be authorized to appoint,
Commission- , , . , , „ .
ed officers to in the manner prescribed by law, the following com¬
missioned officers of the navy, viz: four captains,
four commanders, thirty lieutenants, five surgeons,
five assistant surgeons, six paymasters, and two chief
mfdship engineers, and to employ as [many] masters, midship¬
men, engi- men, engineers, naval constructors, boatswains, gun-
NAVAL LAWS.
203
ners, carpenters, sail-makers, and other warrant and and
others, to be
petty officers and seamen as he may deem necessary, employed,
not to exceed in the aggregate three thousand.
574. The annual pay of said officers shall be as fol- ibw,g 2.
A ** Annual pay
lows, viz: of:
Captains, when commanding squadrons, five thou- Captains,
sand dollars.
All other captains on duty at sea, four thousand
two hundred dollars.
On other duty, three thousand six hundred dollars.
When on leave or waiting orders, three thousand
dollars.
Commanders.—Every commander on duty at sea, for Command-
the first five years after the date of his commission, ers"
two thousand eight hundred and twenty-five dollars.
For the second five years after the date of his com¬
mission, three thousand one hundred and fifty dollars.
Every commander on other duty, for the first five
years after the date of his commission, two thousand
six hundred and sixty-two dollars.
For the second five years after the date of his com¬
mission, two thousand eight hundred and twenty-five
dollars.
All other commanders, two thousand two hundred
and fifty dollars.
Lieutenants commanding at sea, two thousand five
hundred and fifty dollars.
Lieutenants.—Every lieutenant on duty at sea, one Lieutenants,
thousand five hundred dollars.
After he shall have seen seven years' sea-service,
in the navy, one thousand seven hundred dollars.
After he shall have seen nine years' sea-service, one
thousand nine hundred dollars.
After he shall have seen eleven years' sea-service,
two thousand one hundred dollars.
After he shall have seen thirteen years' sea-service,
two thousand two hundred and fifty dollars.
Every lieutenant on other duty shall receive one
thousand five hundred dollars.
After he shall have seen seven years' sea-service in
the navy, one thousand six hundred dollars.
204
DIGEST OF
After he shall have seen nine years' sea-service, one
thousand seven hundred dollars.
After he shall have seen eleven years' sea-service,
one thousand eight hundred dollars.
After he shall have seen thirteen years' sea-service,
one thousand eight hundred and seventy-five dollars.
Every lieutenant on leave or waiting orders, one
thousand two hundred dollars.
After he shall have seen seven years' sea-service in
the navy, one thousand two hundred and sixty-six
dollars.
After he shall have seen nine years' sea-service, one
thousand three hundred and thirty-three dollars.
After he shall have seen eleven years' sea-service,
one thousand four hundred dollars.
After he shall have seen thirteen years' sea-service,
one thousand four hundred and fifty dollars.
Masters. Masters.—Every master in the line of promotion,
when on duty as such at sea, one thousand two hun¬
dred dollars.
When on other duty, one thousand one hundred
dollars.
When on leave or waiting orders, eight hundred
and twenty-five dollars.
Midshipmen Midshipmen.—Every midshipman at sea, five hun¬
dred and fifty dollars.
When on other duty, five hundred dollars.
When on leave or waiting orders, four hundred and
fifty dollars.
Surgeons. Surgeons.—Every surgeon on duty at sea, for the
first five years after the date of his commission as
surgeon, two thousand two hundred dollars.
For the second five years after the date of his com¬
mission as surgeon, two thousand four hundred dol¬
lars.
For the third five years after the date of his com¬
mission as surgeon, two thousand six hundred dollars.
For the fourth five years after the date of his com¬
mission as surgeon, two thousand eight hundred dol¬
lars.
For twenty years' service and upward, after the
NAVAL LAWS.
205
date of his commission as surgeon, three thousand
dollars.
Fleet surgeons, three thousand three hundred dol¬
lars.
Every surgeon on other duty, for the first five years
after the date of his commission as surgeon, two thou¬
sand dollars.
For the second five years after the date of his com¬
mission as surgeon, two thousand two hundred dol¬
lars.
For the third five years after the date of his com¬
mission as surgeon, two thousand four hundred dol¬
lars.
For the fourth five years after the date of his com¬
mission as surgeon, two thousand six hundred dollars.
For twenty years' service after the date of his com¬
mission as surgeon, two thousand eight hundred dol¬
lars.
Every surgeon on leave or waiting orders, for the
first five years after the date of his commission as
surgeon, one thousand six hundred dollars.
For the second five years after the date of his com¬
mission as surgeon, one thousand eight hundred dol¬
lars.
For the third five years after the date of his com¬
mission as surgeon, one thousand nine hundred dol¬
lars.
For the fourth five years after the date of his com¬
mission as surgeon, two thousand one hundred dol¬
lars.
For twenty years' service and upward, after the date
of his commission as surgeon, two thousand three
hundred dollars.
Assistant Surgeons.—Every assistant surgeon on Assistant
duty at sea, one thousand two hundred and fifty dol¬
lars.
When on other duty, one thousand and fifty dollars.
When on leave or waiting orders, eight hundred
dollars.
Paymasters.—Every paymaster on duty at sea, for paymaster
DIGKHT OF
the first five years after the date of his commission,
two thousand dollars.
For the second five years after the date of his com¬
mission, two thousand four hundred dollars.
For the third five years after the date of his com¬
mission, two thousand six hundred dollars.
For the fourth five years after the date of his com¬
mission, two thousand nine hundred dollars.
For twenty years and upward after the date of hie
commission, three thousand one hundred dollars.
Every paymaster on other duty, for the first five
years after the date of his commission, one thousand
eight hundred dollars.
For the second five years after the date of his com¬
mission, two thousand one hundred dollars.
For the third five years after the date of his com¬
mission, two thousand four hundred dollars.
For the fourth five years after the date of his com¬
mission, two thousand six hundred dollars.
For twenty years' service and upward, after the
date of his commission, two thousand eight hundred
dollars.
Every paymaster on leave or waiting orders, for the
first five years after the date of his commission, one
thousand four hundred dollars.
For the second five years after the date of his com¬
mission, one thousand six hundred dollars.
For the third five years after the date of his com¬
mission, one thousand eight hundred dollars.
For the fourth five years after the date of his com¬
mission, two thousand dollars.
For twenty years' service and upward, after the
date of his commission, two thousand two hundred
and fifty dollars.
May20,i86i 57.5. That the President be authorized to appoint
I 3. ch. 32. 1 \
Assistant six assistant paymasters ot the navy, each to receive a
Paymasters.
salary of one thousand dollars when employed at sea,
and seven hundred dollars when not thus-employed;
and all paymasters of the navy shall be taken from
the grade of assistant paymasters.
NAVAL LAWS.
207
576. The annual pay of assistant paymasters shall April 21,
1862 ^ 5
hereafter be, when on service afloat, twelve hundred ch. 68. '
dollars; on other duty, eleven hundred dollars. ass^taiu
577. Engineers.—Every chief engineer on duty, for Fncyr?asSed.rs
the first five years after the date of his commission, i86i%2!'
ch 58
one thousand eight hundred dollars. Engineers.
For the second five years after the date of his com¬
mission, two thousand two hundred dollars.
For the third five years after the date of his com¬
mission, two thousand four hundred and fifty dollars.
After fifteen years after the date of his commission,
two thousand six hundred dollars.
Every chief engineer on leave or waiting orders, for
the first five years after the date of his commission,
one thousand two hundred dollars.
For the second five years after the date of his com¬
mission, one thousand three hundred dollars.
For the third five years after the date of his com¬
mission, one thousand four hundred dollars.
After fifteen years' service after the date of his
commission, one thousand five hundred dollars.
Every first assistant engineer on duty, one thousand
two hundred and fifty dollars.
When on leave or waiting orders, nine hundred
dollars.
Every second assistant engineer on duty, one thou¬
sand dollars.
When on leave or waiting orders, seven hundred
and fifty dollars.
Every third assistant engineer on duty, seven hun¬
dred and fifty dollars.
When on leave or waiting orders, six hundred dol¬
lars. '
578. That the annual pay of the engineer-in-chief of Sept. 26,
1862 ch 13
the navy, and passed assistant surgeons, shall be as fol- Pay'of engi-
lows: Engineer-in-chief, three thousand dollars; passed and"assede
assistant surgeons, for service afloat, seventeen hun- spoons,
dred dollars; for shore or other duty, fifteen hundred
dollars; when on leave or waiting orders, twelve hun¬
dred dollars.
208
DIGEST OF
i86i°§ 26' 579. Warrant Officers.—Every boatswain, gunner,
warrant carpenter, and sail-maker on duty at sea, for the first
officers. three years' sea-service after the date of his warrant,
one thousand dollars.
For the second three years' sea-service after the date
of his warrant, one thousand one hundred and fifty
dollars.
For the third three years' sea-service after the date
of his warrant, one thousand two hundred and fifty
dollars.
For the fourth three years' sea-service after the
date of his wai-rant, one thousand three hundred and
fifty dollars.
For twelve years' sea-service and upward, one thou¬
sand four hundred and fifty dollars.
When on other duty:
For the first three years of sea-service after the date
of his warrant, eight hundred dollars.
For the second three years' sea-service after the
date of his warrant, nine hundred dollars.
For the third three years of sea-service after the
date of his warrant, one thousand dollars.
For the fourth three years' sea-service after the
date of his warrant, one thousand one hundred dollars.
For twelve years' sea-serviee and upward, one thou¬
sand two hundred dollars.
When on leave or waiting orders:
For the first three years' sea-service after the date
of his warrant, six hundred dollars.
For the second three years' sea-service after the
date of his warrant, seven hundred dollars.
For the third thi*ee years' sea-service after the date
of his warrant, eight hundred dollars. *
For the fourth three years' sea-service after the
date of his warrant, nine hundred dollars.
For twelve years' sea-service and upward, one thou¬
sand dollars.
Appoint- That the commissioned officers hereinbefore pro-
ment by the A
President vided for, and who shall not be nominated before the
during '
recess °f adjournment of Congress, maybe appointed by the
NAVAL LAWS.
209
President during the recess, to hold their commis¬
sions until the next session of Congress.
580. In computing the length of service of such
officers as were attached to the Navy of the United computing
States, but who have resigned, and have been or may service of
be received into the service of the Confederate States, meriy at-
their period of service in the Navy of the United u. s.Navy.
States shall be included, and no service shall he re¬
garded as sea-service in the purview of said act hut
such as shall actually be performed at sea, and in ves¬
sels employed by authority of law.
581. That in case officers who were formerly attach- March 16,
ed to the Navy of the United States, but had resigned Date'ofcom-
_ , „ /? n missions of
in consequence of the secession of any one or of all officers
of the Confederate States, should receive appointments tachedltoat"
in the Navy of the Confederate States, the President U-S-Navy-
is authorized to affix to their commissions such dates
as may be necessary to secure to them the same rela¬
tive position that they held in the former serviqe.
582. That the President be and he is hereby author-
ized to nominate, and by and with the advice and con- Appoint-
' J • ment of
sent of Congress to appoint, all officers of the Navy
of the United States, who have resigned or may here- attached to
... & „ , u. S. Navy.
after resign their commissions on account of the se¬
cession of any or all of the Confederate States, and
who may be fit for active service, to the same rank
and position in the Navy of the Confederate States
which they held in that of the United States: Pro¬
vided, however, That no officer shall be so appointed
who may at any time have committed any act of hos¬
tility against the Confederate States or any one
thereof.
583. That the Secretary of the Navy cause to be
paid to those officers of the navy and marine corps, Leave of ab-
who resigned from the Navy and Marine corps of the officers8* °
United States, in consequence of secession, and who fromu.ds.
. n i service, and
were arrested and imprisoned m consequence of such imprisoned,
resignation, and who subsequently joined the Navy
and Marine corps of the Confederate States, leave of
absence pay for and during the term of such imprison-
14
210
DIGEST OF
Dec. 24,1861
ch. 24.
Additional
officers.
Appoint¬
ments from
civil life.
April 21,
1862,11,
ch. 68.
Grades es¬
tablished.
April 4,1863
ch. 16.
Chief engi¬
neers.
April 21,
1862, § 2,
ch. 68.
Appoint¬
ments for
meritorious
conduct.
Ibid, I 3.
Warrant
officers.
ment, and tip to the time of their appointment in the
Navy and Marine corps of the Confederate States.
584. That the President be and he is hereby author¬
ized to appoint the following officers of the navy, in
addition to those heretofore authorized [573, 575], to
wit: two captains, five commanders, fifty lieutenants,
ten assistant paymasters, and thirty assistant sur¬
geons ; said appointments to be made from the navy
and from civil life, as the President may see fit, and to
terminate at the end of the war.
585. That the grades of the commissioned officers
of the Navy of the Confederate States shall hereafter
be as follows, to wit: four admirals, ten captains,
thirty-one commanders, one hundred first lieutenants,
twenty-five second lieutenants, twenty masters in line
of promotion, twelve paymasters, forty assistant pay¬
masters, twenty-two surgeons, fifteen past assistant
surgeons, thirty assistant surgeons, one engineer-in-
chief, and twelve engineers.
586. That the twelve engineers in the navy, author¬
ized by the act number three hundred and sixty-two,*
approved April twenty-first, eighteen hundred and
sixty-two, shall hereafter be known and designated as
chief engineers.
587. All the admirals, four of the captains, five of
the commanders, twenty-two of the first lieutenants,
and five of the second lieutenants, shall be appointed
solely for gallant or meritorious conduct during the
war. The appointments shall be made from the grade
immediately below the one to be filled, and without
reference to the rank of the officer in such grade, and
the service for which the appointment shall be con¬
ferred shall be specified in the commission : Provided,
That all officers below the grade of second lieutenant
may be promoted more than one grade for the same
service.
588. The warrant officers shall be as follows: twenty
passed midshipmen, one hundred and six acting mid¬
shipmen, fifty first assistant engineers, one hundred
* It should be ch. 68. See 585.
NAVAL LAWS.
211
and fifty second assistant engineers, one hundred and
fifty third assistant engineers, ten boatswains, twenty
gunners, six sail-makers, and twenty carpenters.
589. The annual pay of the additional grades created ibid, § 4.
by this act shall be as follows: Admirals, six thousand tionai grades
dollars; second lieutenant, for service afloat, twelve
hundred dollars—when on leave or other duty, one
thousand dollars; master in the line of promotion, one
thousand dollars for service afloat—when on leave or
other duty, nine hundred dollars; passed midshipmen,
nine hundred dollars for service afloat—when on leave
or other duty, eight hundred dollars.
590. That from and after the passage of this act the April 30,
v & 1863, ch. 52.
pay of master's-mates in the navy shall be forty dol- Pay of mas-
ter's-mates.
lars per month.
591. That the President be and he is hereby author- April 30,
ized to appoint, by and with the advice and consent of chief con-
the Senate, one chief constructor in the navy, whose uc °r"
compensation shall be three thousand dollars per an¬
num, and who shall perform such duties as may be di¬
rected by the Secretary of the Navy.
592. That the President be and he is hereby author- Oct. 13,1862
J ch. 48.
ized to appoint three naval storekeepers, whose duties Nav^u store-
shall be performed under the direction of the Secretary
of the Navy. The compensation of such officers shall
not exceed seventeen hundred dollars per annum; and
before entering upon the duties of their offices, each of
them shall give a bond in such form and penalty as
the President may prescribe.
593. That the President be authorized to assign offi- May 20,1861
£2 ch. 32.
cers of the navy to any duty connected with the de- Assignment
fence of the country, and suitable to their rank, which
he may deem proper.*
594. That the President be and he is hereby author- Dec. 24,1861
ized to confer on any officer of the navy, ordered to do Temporary
duty on shore with troops, such temporary military nnkmd
rank and command, and with such limitations and re- command-
strictions, as he may deem proper.*
595.. Any officer of the navy on whom military rank ibid, \ 2.
and command shall be conferred, in virtue of the fore- navy retain-
ed, and same
* Amended so as to apply to marine corps. See 605. Pay> etc"
212
DIGEST OF
going section, shall retain his rank in the navy, and
shall be entitled only to the same pay and emoluments
that he would have received if no such rank and com¬
mand had been conferred on him.*
January 16, 596. That the President is authorized to appoint offi-
1862, ch. 43. l r
Appoint- cers of the Regular Navy to any higher grade under
higher grade the act above-mentioned [584], without prejudice to
their position under their original appointment.
d®®-24'1861 597. That whenever any vessel of the Confederate
ch. 21. J
fwac "sna ^ates Navy shall be about to depart for any point be-
vai vessels, yond the limits of the Confederate States, the Presi¬
dent may, in his discretion, employ a chaplain for the
voyage, who shall receive the same pay [248 et seq.]
and emoluments as chaplains in the army.
1862'ch'50 ^at ^he President may, in his discretion, ap-
chapiains point and assign to the naval hospitals in the Confed-
for naval r to r
hospitals, erate States chaplains for service during the continu¬
ance of the existing war, who shall receive the same
pay [248 et seq.~\ and emoluments as chaplains in the
army.
Feb. 16,1864 599. That the commissioned and warranted officers
Rations, . of the Navy of the Confederate States, on duty, are
fueifete.' hereby allowed rations, quarters, and fuel, or commu¬
tation therefor, as are now or may hereafter be allow¬
ed officers of the army, viz : To admirals, the same as
generals; to vice-admirals, the same as lieutenant-gen¬
erals; to rear-admirals, the same as major-generals;
to commodores and captains, the same as brigadier-
generals and colonels; to commanders and first lieu¬
tenants, the same as lieutenant-colonels and majors;
to second lieutenants and lieutenants for the war, the
same as captains and chaplains; to masters and pass¬
ed midshipmen, the same as lieutenants; and to offi¬
cers of the medical, pay, and engineer corps, to naval
constructors, and to boatswains, gunners, carpenters,
and sail-makers, the same as to the foregoing officers
of the line of the navy with whom they have assimi¬
lated rank.
ibid, ? 2. 600. That all the navy officers in the foregoing
Privilege of ^ o o
purchasing grades shall have the same privilege of purchasing
* Amended so as to apply to marine corps. See 605.
NAVAL LAWS.
commissary and quartermaster's stores [238 et seq.~\ as
are now, or may hereafter be, allowed to officers of the
army.
II. Marine Corps.*
601. There shall be a corps of marines, to consist of March 10,
1861 ^5
[603] one major, one quartermaster, one paymaster, ch. 58.
^ Corps estab-
one adjutant, one sergeant-major, one quartermaster- lished.
sergeant, and six companies, each company to consist
of one captain, one first and one second lieutenant,
four sergeants, four corporals, one hundred men, and
two musicians; and the pay and allowances of the Pay.
officers and enlisted men shall be the same as that of
the officers and enlisted men of like grade in the in¬
fantry of the army [70, 75, 632], except that the ration
of the enlisted marine shall be the ration allowed by
law to seamen.
602. It shall be the duty of the quartermaster of the ibid, g 7.
marine corps to visit the different posts where portions quartermas-
of the corps may be stationed, as often as may be
necessary for the proper discharge of his duties.
603. That from and after the passage of this act May 20, lsei
r 6 gl, ch.31.
the corps of marines shall consist of one colonel, one Reorganiza-
.. .. . . , tion of corps.
lieutenant-colonel, one major, one quartermaster with
the rank of major, one paymaster with the rank of
major, one adjutant with the rank of major, one ser¬
geant-major, one quartermaster-sergeant, ten captains,
ten first lieutenants, twenty second lieutenants, forty
sergeants, forty corporals, and eight hundred and for¬
ty privates, ten drummers, and ten fifers, and two mu¬
sicians.
604. The pay and emoluments of the officers and en- ibid, g 2.
1 *' Pay and
listed men shall be the same as that of the officers and emoluments
enlisted men of like grade in the infantry of the army
[70, 75, 632], except that the paymaster and the adju¬
tant shall receive the same pay as the quartermaster,
and the adjutant shall be taken from the captains and
subalterns of the corps, and separated from the line.
* For pay of officers of marine corps resigned from United States Marine corps,
and who were arrested and imprisoned in consequence thereof, 583.
For transfer of soldiers to marine corps, see 630, 631.
214
DIGEST OF
Rations.
Feb. 5,1862
ch. 66.
Assignment
to any duty
connected
with the
public de¬
fence.
Temporary
rank and
command.
April 10,
1862, § 1,
ch. 23.
Term of en¬
listments.
Ibid, 11.
Bounty.
Ibid, I 3.
Appropria¬
tion for
bounty.
Sept. 24,
1862, ch. 9.
Additional
non-commis¬
sioned offi¬
cers and
musicians.
April 30,
1863, ch. 56.
Clerks to
command¬
ant and
The rations of enlisted marines shall be the rations
allowed by law to seamen. All acts inconsistent with
the provisions of this act are hereby repealed.
605. That the second section of an act entitled " An
act to amend an act to provide for the organization of
the navy, approved March sixteenth, eighteen hundred
and sixty-one," approved May twentieth, eighteen hun¬
dred and sixty-one [593], and the act entitled " An act
to authorize the President to confer temporary rank
and command on officers of the navy doing duty with
troops," approved December twenty-fourth, eighteen
hundred and sixty-one [594], be so amended as to in¬
clude officers of the marine corps.
606. That from and after the passage of this act en¬
listments 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.
607. 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.
608. That for the purpose of carrying into effect the
provisions of this act, the sum of forty thousand dol¬
lars is hereby appropriated out of any money in the
Treasury not otherwise appropriated.
609. That from and after the passage of this act
there shall be allowed to the marine corps, in addition
to the number of non-commissioned officers and mu¬
sicians allowed by the first section of the act of Con¬
gress approved May twentieth, eighteen hundred and
sixty-one [603], twenty sergeant§, twenty corporals,
twenty drummers, twenty lifers, and two principal
musicians—each principal musician to receive the pay
and allowance of a sergeant-major [75].
610. That the Secretary of the Navy be and he is
hereby authorized to appoint one clerk to the com¬
mandant of the marine corps, and one elei'k to the
NAVAL LAWS.
215
quartermaster of the marine corps, at a compensation qnartermas-
not to exceed fifteen hundred dollars per annum each.
III. Seamen.*
611. The pay of seamen of the navy shall he deter- March i6,
1861 34
mined by the President, and may be altered by him ch. 58. '
from time to time as circumstances may require [632]. Pay'
612. That the President be authorized to enlist for Dec. io, mi
the war any additional number of seamen, not to ex- Additional
ceed two thousand, that the exigencies of the naval be enlisted,
service, and the defence of the sea-coast and of rivers
and harbors may, in his judgment, render necessary.
618. That the Secretary of the Navy is hereby au- Jan.i6,i862
J ch. 42.
thorized to give a bounty of fifty dollars to all persons Bounty,
enlisted as seamen, who shall enlist for three years or
for the war. And the provisions of this act shall, in
like manner, extend to all seamen heretofore enlisted
who will extend the term of their enlistment to three
years or for the war—said bounty to be paid at the
time of said enlistment. ,
614. That all seamen and ordinary seamen now in April 2, 1863
the service of the Confederate States, between the certain
ages of eighteen and forty-five, and whose term of tiwcun011"
service will expire before the end of the war, shall be service*
continued in the service for three years from the date
of their original enlistment, unless the war shall have
sooner ended.
IY. gunboatsf and vessels of war.
615. That the President be and he is hereby author- March 6,
, , • , , 1861, § 10,
lzed to purchase or charter, arm, equip, and man such ch. 26/
merchant vessels and steamships or boats as may be seis for sea-
found fit or easily converted into armed vessels, and general
in such number as he may deem necessary for the
protection of the seaboard and the general defence of
the country.
* For authority to employ, see 573.
For transfer from army, 149,150, 631.
t For corps for special service on Western waters, see 629.
For floating defences of Mississippi river, see 199.
For defences of Mobile bay, see 200, 201.
DIGUST OF
March 15,
1861, ch. 45.
Ten steam
gunboats for
coast
defence.
Aug. 29,1861
2 I, ch. 47.
Three addi¬
tional for
sea-coast
defence.
Ibid, g 2.
Appropria¬
tion.
Aug. 29,1861
ch. 49.
Contracts
for building
gunboats,
etc., without
advertising
for proposals
April 11,
1863, ch. 18.
Supplies.
Sept. 19,
1862, ch. 4.
Issue of
bonds to
meet con¬
tract for six
iron-clad
vessels of
war to be
constructed
abroad.
616. That the President be and he is hereby author¬
ized to cause to be constructed or purchased ten steam
gunboats for coast defence, whereof five shall be of a
tonnage not exceeding seven hundred and fifty tons,
and five of a tonnage not exceeding one thousand
tons.
617. That in addition to the gunboats heretofore
authorized by law, the President be and he is hereby
authorized, in his discretion, to cause to be construct¬
ed three others, specially adapted to sea-coast defence.
618. That the sum of four hundred and twenty
thousand dollars be and the same is hereby appro¬
priated to the object specified in the foregoing section.
619. That the Secretary of the Navy be and he is
hereby authorized, in case he should deem it advis¬
able, to contract for building any gunboats for which
appropriations have been or may be made during the
present or any previous session of Congress, or for
altering other vessels so as to convert them into gun¬
boats, without advertising for proposals for such work,
as required by law: Provided, That the contracts so
made shall be in writing, and shall be placed on file in
the Navy department, and a copy thereof deposited,
without delay, in the office of the Controller of the
Treasury.
620. That the above entitled act [619] be so amend¬
ed as to authorize the Secretary of the Navy, in case
he should deem it advisable, to contract for all sup¬
plies required for the navy, without advertising for
proposals as required by law: Provided, [That] this act
shall expire at the end of the present war.
621. That the Secretary of the Treasury be and he
is hereby authorized to issue, in addition to the
amounts heretofore authorized to be issued, three mil¬
lions five hundred thousand dollars of Confederate
States bonds, under the provisions and conditions of
the act entitled " An act to authorize the issue of
treasury notes, and to provide a war tax for their re¬
demption," approved August nineteenth, eighteen
hundred and sixty-one, and by the further supple¬
mental act to the above cited act, approved December
NAVAL LAWS.
217
nineteenth, eighteen hundred and sixty-one, to meet a
contract made by the Secretary of the Navy for six
iron-clad vessels of war and six steam-engines and
boilers complete, to be constructed abroad, and said
bonds, when issued, shall be delivered to the persons
entitled to them under the above recited contract.
622. That the Secretary of the Treasury be and he Jan. 9,1864
is hereby authorized, upon the receipt of satisfactory Substitution
evidence that eight per centum bonds, issued by him others
upon the requisitions of the Secretary of the Navy, abroad-,
dated October the eighteenth and twenty-seventh,
eighteen hundred and sixty-two, for one million of
dollars each, have been cancelled abroad, to substitute
and deliver to the Secretary of the Navy an equal
number of bonds of like character.
623. That if any person who may have invented or May 21,1861
may hereafter invent any new kind of armed vessel, inventions.,
or floating battery, or defence, shall deposit a plan of
the same, accompanied by suitable explanations or
specifications, in the Navy department, together with
an affidavit setting forth that he is the inventor there¬
of, such deposit and affidavit (unless the facts set forth
therein shall be disproved) shall entitle such inventor
or his assigns to the sole and exclusive enjoyment of
the rights and privileges conferred by this act—reserv¬
ing, however, to the government, in all cases, the right
of using such invention.
624. That the Secretary of the Treasury pay to the April 22,
1863 31
proper authorities of the State of Alabama the sum Ch. 37! '
of ninety thousand dollars, being the sum paid by "Florida;"
said state for the steamer Florida, which vessel was Paymentfor-
turned over by said state to the Confederate States
for a gunboat.
625. That the said sum of ninety thousand dollars ibid, g 2.
Said sum to
be paid in bonds of the Confederate States, bearing be paid in
„ . . eight per
interest at the rate of eight per centum per ann um, cent, bonds,
and payable at not less than twenty nor more than
thirty years, and redeemable at the option of the gov¬
ernment, after five years-—which bonds the Secretary
of the Treasury is authorized to issue.
21s
DIGEST OF
V. Miscellaneous Prowsions.
1861° ? g6' 626. It shall be the duty of the Secretary of the
ch.58. ' Navy to prepare and publish regulations for the gen-
Regulations J P n + ^
eral government of all persons connected with or em¬
ployed in the naval service, which regulations shall
take effect as soon as they shall be approved by the
President and published,
ibid, 19. 627. All laws of the United States heretofore enact-
TJ. S. laws
continued ed for the government of the officers, seamen, and
in force. ® '
marines of the Navy of the United States, that are not
inconsistent with the provisions of this act, are hereby
adopted and applied to the officers, seamen, and ma¬
rines of the Navy of the Confederate States,
ibid, i io. 628. The President may determine the relative and
Relative and
assimilated assimilated rank which officers of the navy shall hold
rank.
toward those of the army.
chn394'1862 President be and he is hereby author-
corpsfor ized to raise a corps for the temporary and special
service on L i. •/ ±
^western service on the "Western waters, to cause to be enlisted
a number of men not exceeding six thousand, and of
such commissioned and non-commissioned officers, and
of such rank, either naval or military, as the President
may deem necessary, who shall severally receive such
pay and allowances as he may determine.
Oct. 2,1862 630. That from and after the passage of this act
g 1, ch. 24. U t3
Persons sub- any person subject to enrolment for military service
ject to enrol-
ment for under the acts of Congress providing for the public
vice may r defence, shall be permitted to enlist in the marine
enlist in the . • j 1 • i • , ,
marine corps at any time prior to being mustered into the
corps. Army of the Confederate States : Provided, That the
number of men so enlisted does not increase the ma¬
rine corps beyond the strength authorized by law.
ibid, §3. 631. That if any person who has been or is about to
roiling en be enrolled for service in the army shall, at any time
1 ' before being assigned to any company, declare to the
enrolling or commanding officer that he prefers being
enrolled for service in the navy or the marine corps,
it shall be the duty of the said officer to enroll such
person for the service which he may prefer, and to
NAVAL LAWS.
219
transmit to the Secretary of the Navy a list of the
persons so enrolled.
632. That from and after the passage of this act ibid, g 3.
the pay of sailors and marines shall be increased four Snore and
•» 1 -i ji marines.
dollars per month.
633. That the Secretary of the Navy be and is April 4,
J J 1863, ch. 15.
hereby authorized to employ for service on board of Employ-
vessels, used or owned by the Confederate States for pilots,
purpose of running the blockade of any of the ports
of the Confederacy, the most skilful pilots, ©n such
terms as to him shall seem best and requisite to secure
their services, either by the month or the single or
round voyage.
634. That the Secretary of the Navy be and he is April 27,
hereby authorized to lease, for a period not exceeding site W the'
five years, a site, with or without buildings, as he may anTsafe-10"1
deem most expedient, near the City of Bichmond, for ordnance°f
the preparation and safe-keeping of ordnance stores: stores'
Provided, That the quantity of land leased does not
exceed two acres.
635. That the above entitled act* be so amended as April 30,
to embrace the impressment of supplies required for impress'-54'^"
Ihe navy as well as the army. applies. ■
636. That during the continuance of the war the ^gPl3i13®'
Secretary of the Navy be and he is hereby authorized Clothing for
ii. 1 t 1 n , enlisted
to issue clothing to the enlisted men of the navy, un- men.
der such regulations as he may prescribe, at an ad¬
vance of not exceeding fifty per centum upon the
prices at which such supplies were furnished at the
commencement of the war.
XXV.—PROVISIONAL NAVY.
637. Appointment of officers.
638. Transfer from the Regular Navy.
639. Officers of Regular Navy appointed to Provisional Navy.
640. Officers of Regular Navy appointed to rank of admirals, vice-ad¬
mirals, etc.
* " An act to regulate impressments" [428].
f Title: An act to amend an act entitled " An act to regulate impressments,"
approved March twenty-sixth, eighteen hundred and sixty-three [428].
220
MGKST OF
641. Assimilated rank.
642. Pay.
643. Laws and regulations.
May 1,1863
gl, ch. 85.
Appoint¬
ment of
officers.
Ibid, g 2.
Transfers
from the
Regular
Navy.
Ibid, g 3.
Officers of
Kegular
Navy ap¬
pointed to
Provisional
Navy.
Ibid, g4.
Officers of
Regular
Navy ap¬
pointed to
rank of
admirals,
vice-admi¬
rals, etc.
Ibid, g 5.
Assimilated
rank.
Ibid, g 6.
Pay.
637. There shall be a Provisional Navy of the Con¬
federate States, the officers of which shall be appoint¬
ed by the President, by and with the advice and con¬
sent of the Senate, and hold their commissions during
the present war. All officers appointed from the Reg¬
ular Navy shall have, at its formation, the same rela¬
tive position and rank they held in the Regular Navy.
638. All the warrant officers who may be fit for
active service, and all the petty officers, seamen, or¬
dinary seamen, landsmen, boys, firemen, coal-heavers,
and employees of every description, and all the vessels,
armament, and material of every description belonging
to the navy shall, so far as may be deemed necessary
by the President, be considered as transferred to and
as forming part of the Provisional Navy; and the
President is hereby authorized to appoint such addi¬
tional officers, and to employ such petty officers, sea¬
men, ordinary seamen, landsmen, boys, firemen, and
coal-heavers as he may deem necessary.
639. When an officer of the Regular Navy is ap¬
pointed to the Provisional Navy, such appointment
shall not alter or affect his rank or position in the
Regular Navy.
640. All commissioned officers of the Regular Navy
shall be appointed by the President, by and with the
advice and consent of the Senate, whenever, in his
judgment, the public service requires their appoint¬
ment, and in such numbers as he may think necessary,
to the following ranks and grade's, viz: Admirals,
vice-admirals, rear-admirals, commodores, and to such
other ranks and grades as may exist in the Regular
Navy.
641. All questions in regard to the assimilated rank
between officers of the Provisional Army and Provi¬
sional Navy, and between officers of the Regular Navy
and Provisional Navy, shall be fixed by regulation.
642. Officers of the Provisional Navy shall be paid
as follows: Admirals, the same as is now fixed by law
NAVAL LAWS.
221
for admirals in the Regular .Navy [589]; vice-admirals
and rear-admirals, the same as is now fixed by law for
flag-officers in the Regular Navy [574] j commodores,
the same as is now fixed by law for captains in the
Regular Navy [574]. All other ranks, grades, and
persons the same that similar ranks, grades, and per¬
sons receive in the Regular Navy.
643. All laws and regulations for the government of ibid, §7.
w Laws and
the Regular Navy shall apply to the Provisional Navy, regulations.
XXVI.—VOLUNTEER NAVY.
f>44. Private armed vessels received.
645. Vessels armed and provided at the expense of persons applying
for service.
646. Grades of commissioned officers. Warrant officers. Pay. Uni¬
form. Descriptive list, shipping articles, etc.
647. Authority to capture enemy's vessels and property. t Proceedings
in cases of prize.
648. Recaptures. Salvage.
649. Bounty for vessels destroyed and for prisoners captured.
650. Five per cent, of prize and compensation money to be paid into
the Treasury for relief of the wounded and others.
651. Vessels, officers, and crews "may be received beyond the Confeder¬
ate States.
652. Assistant paymasters. Who ineligible.
653. Not to apply to certain persons sent abroad.
644. The Congress of the Confederate States of Ameri- April is,
ca do enact, That the President of the Confederate ?i,c'h.30.
States is hereby authorized to receive into the service ed vessel*111
of the government private armed vessels, to be organ- received>
ized into a Yolunteer Navy, and to appoint and com- Appoint-
. . ment of offi-
mission officers for the same, who shall serve during cersforthe
the war, unless sooner discharged, under rules and
regulations hereinafter prescribed, and such as may
hereafter be established : Provided, however, That no
vessel of less capacity than one hundred tons shall be
received into said volunteer service.
645. An}*- person or persons applying for service un- ibid, §2.
der this act, sball arm, man, provide, and furnish the edandpTtv
vessel or vessels to be used at his or their own ex- expense of
pense, and shall furnish in writing to the Secretary of applying for
the Navy the name, armament, and character of such service"
vessel or vessels, and the names of the persons to be
222
DIGEST OF
Ibid, §3.
Grades of
commission¬
ed officers.
Warrant
officers.
Pay.
Uniform.
Descriptive
list, shipping
articles, etc.
Ibid, I 4.
Authority to
commissioned and warranted as officers, with the evi¬
dence of their character and fitness for the service;
and if, in the judgment of the President, the vessel or
vessels shall be fit for the service, and the parties
named as officers be worthy to command, the Presi¬
dent shall be authorized to receive such vessel or ves¬
sels into the Yolunteer Navy of the Confederate States
of America, and to commission the officers for the same
to serve during the war, unless sooner discharged.
646. The grades of commissioned officers of the Vol¬
unteer Navy shall be as follows: Commander, first lieu¬
tenant, second lieutenant, assistant surgeon, and first
and second assistant engineers. And the President
may direct the Secretary of the Navy to issue warrants
to such masters, boatswains, gunners, carpenters, and
sail-makers as he may deem necessary for such service;
and the pay of the officers and crew shall be as follows :
For a commander, twenty-five dollars per month; for
a first lieutenant, twenty dollars per month; for a sec¬
ond lieutenant, fifteen dollars per month; for an assist¬
ant surgeon, fifteen dollars per month; for an assistant
engineer, fifteen dollars per month ; for a second as¬
sistant engineer, ten dollars per month; for warrant
officers, ten dollars per month; for seamen, five dol¬
lars per month; but such pay shall be given only for
sea-service. And the President may prescribe a uni¬
form for the officers and seamen; and when any vessel
or vessels shall be prepared for service, and received
under the provisions of this act, it or they shall be un¬
der the control and direction of the President, and
subject to all the laws, rules, and regulations of the
.Regular Navy of the Confederate States, except as
otherwise provided for in this act. It shall be the duty
of the commander of every such vessel to transmit to
the Secretary of the Navy, as early as practicable
after the organization of his crew, a descriptive list
thereof, together with a duplicate of their shipping
articles or enlistment rolls, and of the contract be¬
tween owners, officers, and crew, for the division of
pinze-money.
647. That the vessels of tho Volunteer Navy arc
NAVAL LAWS.
223
authorized to seize, capture, and destroy upon the sea, capture ene-
' r > J i ' my's vessels
or within the ebb and flow of the tide, all vessels and andproperty
property of the United States, and of the citizens there¬
of ; and ninety per cent, of the value of all such capt¬
ures, less the costs and expenses of adjudication, shall
he forfeited, and accrue to the benefit of the owners,
officers, and crews of the vessels making such captures;
and all vessels and property captured as aforesaid shall Proceedings
be proceeded against and adjudicated as in other cases prize!68 °f
of prize under the laws of the Confederate States [661,
662], which are hereby extended over the same; and
the proceeds accruing from such condemnations shall
be distributed under order of the court having juris¬
diction thereof, according to the written agreement
between the parties entitled to the same; but if there
be no such written agreement, then one-half to the
owners of the vessel, and the other half to the officers
and crews, according to the rules prescribed for the
distribution of prize-money in the .Regular Navy.
648. All vessels, goods, and effects, the property of ibid, §5.
any citizen of the Confederate States, or of any per¬
sons resident in and under the protection of the Con¬
federate States, or of persons permanently within the
territories and under the protection of any foreign
prince, government, or state in amity with the Con¬
federate States, which shall have been captured by the
forces of the United States of America, and recaptur- Recaptures,
ed by vessels commissioned under this act, shall be re¬
stored to their lawful owners, upon payment by them
of a just and reasonable salvage, to be determined by Salvage,
the agreement of the parties mutually concerned, or
by the decree of any court having competent jurisdic¬
tion. And such salvage shall be distributed amongst
the owners, officers, and crews of the vessels making
such captures, according to the manner and upon the
principles heretofore provided for in such cases of capt¬
ure and prize [660].
649. The owners, officers, and crews of vessel's com- ibid, §6.
missioned under this act shall be entitled to receive, vessels de-
from the Treasury of the Confederate States, twenty- for°prisoners
live per cent, of the value of every armed vessel, or captured'
224
DIGEST OF
military or naval transport inthe service of the United
States which they may burn, sink, or destroy, and the
sum of twenty-five dollars for every prisoner captured
on board such vessel or transport, and brought into
the Confederate States. And the Secretary of the
Navy is hereby authorized to distribute the compen¬
sation accruing under this section in the same man¬
ner and on the same principles as hereinbefore pro¬
vided in cases of prize and capture [659]. All ques¬
tions of relative or assimilated rank between the Kegu-
lar and Volunteer Navy shall be decided by the Presi¬
dent.
Tenplrcent -^e remaining len per cent. [647] of all prize
of prize and and compensation money accruing under this act shall
compensa- J °
tion money be paid into the Treasury of the ^Confederate States,
to be paid in- -1
to theTreas- to be held by the government as a fund for the main-
ury for relief ~
of the ^ tenance of such persons as maybe wounded, and of
and others, the widows and orphans of those slain while engaged
in such service, to be assigned and distributed as shall
hereafter be provided for by law.
aib" l^on864 651. That the act entitled " An act to establish a
§ 1, ch. 30.
cers8and 0<H" Volunteer Navy," approved April eighteenth, eighteen
crews may hundred and sixty-three [644 et seq.l, be so amended
be received u
beyond the that the President be and he is hereby authorized to
Confederate .
states. issue the commissions and warrants contemplated by
said act, under such regulations as he may prescribe,
to applicants for service in the Yolunteer Navy, when
satisfied that said applicants will furnish a suitable
vessel for said service, and to receive into the Yolun¬
teer Navy said vessel, and her officers and crew, within
or beyond the Confederate States.
Assistant 652. That the President be and he is hereby author-
paymastors. jze(j to appoint assistant paymasters for the Volunteer
Navy, who shall receive, when on duty at sea, fifteen
who ineiigi- dollars per month. But no person under forty-five
years of age, and liable to perform military duty, shall
receive such appointment.
yieb«l7'1864 653. That the second section of the aforesaid act of
ch. b8.
NoUo app!y the eleventh February, eighteen hundred and sixty-
persons sent four [652], shall not apply to any persons who, prior
to the passage of said act, had been sent abroad as
NAVAL LAWS.
225
assistant paymaster, or for the purpose of disbursing
funds in the purchase or equipment of vessels.
XXVII.—MARITIME LAW.
654. Preamble. Declaration of principles.
654. "Whereas the Plenipotentiaries of Great Britain, ^f^3'1861
Austria, France, Prussia, Kussia, Sardinia, and Tur- Preamble,
key, in a conference held at Paris on the 16th of April,
1856, made certain declarations respecting maritime
law, to serve as uniform rules for their guidance in all
cases arising under the principles thus proclaimed :
And whereas it being desirable not only to attain
certainty and uniformity, as far as may be practicable,
in maritime law, but also to maintain whatever is just
and proper in the established usages of nations, the
Confederate States of America deem it important to
declare the principles by which they will be governed
in their intercourse with the rest of mankind. Now,
therefore,
Be it resolved, by the Congress of the Confederate States ofprincipies
of America, 1. That we maintain the right of priva¬
teering, as it has been long established by the practice
and recognized by the law of nations.
2. That the neutral flag covers enemy's goods, with
the exception of contraband of war.
3. That neutral goods, with the exception of con¬
traband of war, are not liable to capture under ene¬
my's flag.
4. That blockades, in order to be binding, must be
effectual—that is to say, maintained by a force suffi¬
cient really to prevent access to the coast of the enemy.
XXVIII.—PRIVATEERS AND PRIZES.
655. Preamble. Letters of marque and reprisal. Enemy's property on
neutral vessels. United States vessels in ports of the Con¬
federate States.
656. Revocation of letters of marque and reprisal.
15
226
digest of
657. Application for letters of marque and reprisal.
658. Bond.
659. Captures and prizes; how distributed.
660. Recapture of vessels belonging to Confederate States citizens.
Salvage.
661. Captured vessels to be taken before the courts for condemnation
before breaking bulk. District court to have exclusive orig¬
inal cognizance when brought within the Confederate States.
662. Authority to break bulk in certain cases.
663. Persons on board of captured or recaptured vessels to be reported
to collector and delivered to the marshal.
664. Unarmed vessels; their officers, crews, and passengers.
665. Instructions.
666. Bounty for vessels destroyed and for prisoners captured.
667. Payment in addition to bounty of twenty per centum on the value
of every vessel of war destroyed. Valuation; how made.
668. Bounty not allowed for prisoners in certain cases.
669. Evidence to establish value of armed vessels and their armaments
when destroyed.
670. Bounty for destroying armed vessels by new inventions.
671. Inventions of new kinds of armed vessels, etc.
672. Journal to be kept by the commander of every privateer. Delivery
of journal to collector of custbms. Duty of collector on ar¬
rival of vessels.
673. Penalty for violating the foregoing provisions.
674. Violation of revenue laws.
675. Deduction of duties on captured goods brought into the Confeder¬
ate States.
676. Fund for support of the widows and orphans of persons slain on
board of privateers, and for support of the disabled.
677. Prizes to be sold at auction by the marshal of the district in
which they are condemned.
678. Prizes to be sold in certain cases by the marshal of the adjoining
district.
679. Distribution of proceeds of sales.
680. Marshal's commissions.
681. Account of sales to be filed.
682. Removal of prizes before libel is filed.
683. Purchaser may change name of vessel.
684. Relinquishment of government claim for vessels captured by
Captain Hollins and others.
May 6,1861, 655. Recognizing the existence of war between the
Preamble. United States and the Confederate States: and con¬
cerning letters of marque, prizes, and prize goods.
Whereas the earnest efforts made by this govern¬
ment to establish friendly relations between the Gov¬
ernment of the United States and the Confederate
States, and to settle all questions of disagreement be¬
tween the two governments upon principles of right,
justice, equity, and good faith, have proved unavailing
by reason of the refusal of the Government of the
United States to hold any intercourse with the com¬
missioners appointed by this government for the pur¬
poses aforesaid, or to listen to any proposals they had
to make for the peaceful solution of all causes of diffi-
*
NAVAL LAWS.
227
eulty between the two governments: and whereas
the President of the United States of America has
issued his proclamation making requisition upon the
states of the American Union for seventy-five thou¬
sand men for the purpose, as therein indicated, of capt¬
uring forts and other strongholds within the juris¬
diction of and belonging to the Confederate States of
America, and has detailed naval armaments upon the
coasts of the Confederate States of America, and
raised, organized, and equipped a large military force
to execute the purpose aforesaid, and has issued his
other proclamation announcing his purpose to set" on
foot a blockade of the ports of the Confederate States:
and whereas the State of Virginia has seceded from
the Federal Union and entered into a convention of
alliance offensive and defensive with the Confederate
States, and has adopted the Provisional Constitution
of the said states; and the States of Maryland, North
Carolina, Tennessee, Kentucky, Arkansas, and Mis¬
souri have refused, and it is believed that the State of
Delaware and the inhabitants of the Territories of
Arizona and New Mexico, and the Indian territory
south of Kansas, will refuse, to co-operate with the
Government of the United States in these acts of hos¬
tilities and wanton aggression, which are plainly in¬
tended to overawe, oppress, and finally subjugate the
people of the Confederate States: and whereas, by the
acts and means aforesaid, war exists between the
Confederate States and the Government of the United
States and the states and territories thereof, except
the States of Maryland, North Carolina, Tennessee,
Kentucky, Arkansas, Missouri, and Delaware, and the
Territories of Arizona and New Mexico, and the In¬
dian territory south of Kansas: Therefore,
The Congress of the Confederate States of America do
enact, That the President of the Confederate States is
hereby authorized to use the whole land and naval
force of the Confederate States to meet the war thus
commenced, and to issue to private armed vessels Letters of
. . , . . n j , marque and
commissions, or letters 01 marque and general repri- reprisal.
228
DIGEST OF
sal, in such form as he shall think proper, under the
seal of the Confederate States, against the vessels,
goods, and effects of the Government of the United
States, and of the citizens or inhabitants of the states
Enemy's and territories thereof: Provided, however, That prop-
property on
neutral erty of the enemy (unless it be contraband of war),
vessels.
laden on board a neutral vessel, shall not be subject to
u. s. vessels seizure under this act: And provided, further, That
theCon-0 vessels of the citizens or inhabitants of the United
states. States, now in the ports of the Confederate States,
except such as have been since the fifth of April
last, or may hereafter be, in the service of the Gov¬
ernment of the United States, shall be allowed thirty
days after the publication of this act to leave said
ports and reach their destination; and such vessels
and their cargoes, excepting articles contraband of
war, shall not be subject to capture under this act
during said period, unless they shall have previously
reached the destination for which they were bound on
leaving said ports,
ibid, 12. 656. That the President of the Confederate States
Revocation
of letters of shall be and he is hereby authorized and empowered
marque and _ A
reprisal. to revoke and annul, at pleasure, all letters of marque
and reprisal which he may at any time grant pursuant
to this act.
ibid, §3. 657. That all persons applying for letters of marque
Applications . r . , .
for letters of and reprisal, pursuant to this act, shall state in writing
marque and 1 A . . °
reprisal. the name, and a suitable description of the tonnage
and force of the vessel, and the name and place of
residence of each owner concerned therein, and the
intended number of the crew—which statement shall
be signed by the person or persons making such ap¬
plication, and filed with the Secretary of State, or
shall be delivered to any other officer or person who
shall be employed to deliver out such commissions, to
be by him transmitted to the Secretary of State.
Bond^4" ®58. That before any commission - or letters of
marque and reprisal shall be issued as aforesaid, the
owner or owners of the ship or vessel for which the
same shall be requested, and the commander thereof
NAVAL LAWS.
for the time being, shall give bond* to the Confeder¬
ate States, with at least two responsible sureties not
interested in such vessel, in the penal sum of five
thousand dollars, or if such vessel be provided with
more than one hundred and fifty men, then in the
penal sum of ten thousand dollars, with condition that
the owners, officers, and crew who shall be employed on
board such commissioned vessel shall and will observe
the laws of the Confederate States, and the instruc¬
tions which shall be given them according to law for
the regulation of their conduct,* and will satisfy all
damages and injuries which shall be done or commit¬
ted contrary to the tenor thereof by such vessel dur¬
ing her commission, and to deliver up the same when
revoked by the President of the Confederate States.
659. That all captures and prizes of vessels and ibid, §5..
property shall be forfeited and shall accrue to the and prizes;
' /y> j n < v 11. i_ liow distrib-
owners, officers, ana crews of the vessels by whom uted.
such captures and prizes shall be made, and on due
condemnation had shall be distributed according to
any written agreement which shall be made between
them; and if there be no such written agreement,
then one moiety to the owners, and the other moiety
to the officers and crew, as nearly as may be, accord¬
ing to the rules prescribed for the distribution of prize-
money by the laws of the Confederate States.
660. That all vessels, goods, and effects, the prop- ibid, ? 6.
~ Recapture of
erty of any citizen of the Confederate States, or of vessels
persons resident within and under the protection of Confederate
Sta.tes
the Confederate States, or of persons permanently citizens,
within the territories and under the protection of any
foreign prince, government, or state in amity with the
Confederate States, which shall have been captured
by the United States, and which shall be recaptured
by vessels commissioned as aforesaid, shall be restored
to the lawful owners, upon payment by them of a just
and reasonable salvage, to be determined by the mu¬
tual agreement of the parties concerned, or by the
decree of any court having jurisdiction, according to
the nature of each case, agreeably to the provisions
*See Appendix—President's instructions to private armed vessels."
DIOKST OF
Salvage-
Ibid, | 7.
Captured
vessels to be
taken before
the courts
for condem¬
nation,
before
breaking
bulk.
District
courts to
have exclu¬
sive original
cognizance
when
brought
within the
Confederate
States.
Aug. 30,1861
j}l, ch. 64.
Authority to
break bulk
in certain
established by law. And such salvage shall be dis¬
tributed among the owners, officers, and crews of the
vessels commissioned as aforesaid and making such
captures, according to any written agreement which
shall be made between them; and in case of no such
agreement, then in the same manner and upon the
principles hereinbefore provided in cases of capture.
661. That before breaking bulk [662] of any vessel
which shall be captured as aforesaid, or other disposal
or conversion thereof, or of any articles which shall
be found on board the same, such captured vessel,
goods, or effects shall be brought into some port of
the Confederate States, or of a nation or state in amity
with the Confederate States, and shall be proceeded
against before a competent tribunal; and after con¬
demnation and forfeiture thereof shall belong to the
owners, officers, and crew of the vessel capturing the
same, and be distributed as before provided; and in
the case of all captured vessels, goods, and effects
which shall be brought within the jurisdiction of the
Confederate States, the district courts of the Con¬
federate States shall have exclusive original cogni¬
zance thereof, as the civil causes of admiralty and
maritime jurisdiction; and the said courts, or the
courts, being courts of the Confederate States, into
which such cases shall be removed, and in which they
shall be finally decided, shall and may decree restitu¬
tion, in whole or in part, when the capture shall have
been made without just cause. And if made without
probable cause, may order and decree damages and
costs to the party injured, for which the owners and
commanders of the vessels making such captures, and
also the vessels, shall be liable.
662. That the seventh section of the first above re¬
cited act [661] be so amended as to permit and author¬
ize the breaking of bulk and the removal, by the cap¬
tors, of the whole or any part of the goods found on
board a captured vessel, whenever such removal may
be necessary for the safe carriage of such vessel into
port, and also in all cases where, by grounding or
otherwise, the securing of the cargo, or any part
NAVAL LAWS.
thereof, may require the removal: Provided, That the
person in command of the vessel making such capture
shall, as soon as practicable after landing the cargo,
or any part thereof, cause an exact inventory of the
same to be made by the nearest magistrate, wherein
shall be specified each and every article so landed,
and the marks, if any thereon, and forward the same
immediately to the collector of the nearest port; the
property so landed shall remain in the custody of such
magistrate, and he shall retain possession thereof un¬
til the same can be delivered to the marshal; and the
court before which such cargo shall be brought, in
case the same be condemned, may allow such compen¬
sation to the magistrate as to the court may seem just
and proper: And provided, further, That when such
removal shall be made for the purpose of lightening
over bars and shoals, and the goods removed shall, as
soon thereafter as practicable, be returned on board
the prize vessel, the same may be carried to port as if
no removal had been made; and no delivery, as pro¬
vided in the preceding clause, to a magistrate shall be
required.
663. That all persons found on board any captured May e, lsei
§ 8 ch 3
vessels, or on board any recaptured vessel, shall be Persons on
reported to the collector of the port in the Confeder- captured or
ate States in which they shall first arrive, and shall vessels!™*1
be delivered into the custody of the marshal of the
district, or some court or military officer of the Con¬
federate States, or of any state in or near such port,
who shall take charge of their safe-keeping and sup¬
port, at the expense of the Confederate States.
664. That the eighth section [663] of the act enti- May2i,i86i
L J g 2, ch. 59.
tied " An act recognizing the existence of war between Unarmed
° ° vensels; their
the United States and the Confederate States, and con- officers,
crews, and
cerning letters of marque, prizes, and prize goods," passengers,
shall not be so construed as to authorize the holding as
prisoners of war the officers or crew of any unarmed
vessel, nor any passenger on such vessels, unless such
passengers be persons employed in the public service
of the enemy.
232
DIGEST OF
May 6,1861
i 9, ch. 3.
Instructions
Ibid, ? 10.
Bounty for
vessels
destroyed.
Bounty for
prisoners
captured.
May 21,1861
11, ch. 50.
Payment, in
addition to
bounty, of
20 per cent,
on the value
of every ves¬
sel of war
iestroyed.
Valuation;
how made.
665. That the President of the Confederate States is
hereby authorized to establish and order suitable in¬
structions* for the better governing and directing the
conduct of the vessels so commissioned, their officers,
and crews, copies of which shall be delivered by the
collector of the customs to the commanders, when they
shall give bond, as provided.
666. That a bounty shall be paid by the Confederate
States of twenty dollars for each person on board any
armed ship or vessel belonging to the United States
at the commencement of an engagement, which shall
be burnt, sunk, or destroyed by any vessel commission¬
ed as aforesaid, which shall be of equal or inferior force,
the Same to be divided as in other cases of prize-money;
and a bounty of twenty-five dollars shall be paid to
the owners, officers, and crews of the private armed
vessels commissioned as aforesaid, for each and every
prisoner [668] by them captured and brought into
port, and delivered to an agent authorized to receive
them, in any port of the Confederate States; and the
Secretary of the Treasury is hereby authorized to
pay, or cause to be paid, to the owners, officers, and
crews of such private armed vessels commissioned
as aforesaid, or their agent, the bounties herein pro¬
vided.
667. That the tenth section of the above entitled
act be so amended that, in addition to the bounty there¬
in mentioned, the Government of the Confederate
States will pay to the cruiser or cruisers of any private
armed vessel commissioned under said act, twenty per
centum [666] on the value of each and every vessel of
war belonging to the enemy that may be sunk or de¬
stroyed by such private armed vessel or vessels, the
value of the armament to be included in the estimate.
The valuation [669] to be made by a board of naval
officers appointed, and their award to bo approved by
the President, and the amount found to be due to be
payable in eight per cent, bonds of the Confederate
States.
* See Appendix—" President's instructions to private armed vessels."
NAVAL LAWS.
668. That the tenth section of the above recited act May 21,1861
[666] shall not be so construed as to allow a bounty for Bounty not
prisoners captured on vessels of the enemy and brought prisoners in
. , , ii. .iii certain cases
into port, unless such prisoners were captured on board
of an armed ship or vessel of the enemy of equal or
superior force to that of the private armed vessel
making the capture.
669. That the first section of the above entitled act April 30,
[667] be so amended that the board of naval officers Evidence to'
therein provided for to make valuation of any armed vaiueofarm-
vessel and its armament, sunk or destroyed under the and their ar-
provisions of said act, shall have, and are hereby in- destroyed,
vested with, power to take and receive such depositions,
affidavits, official reports, and other evidence, written
or oral, as they may deem necessary to enable them to
make the valuation required by said act.
670. That the first section of the above entitled act April 21,
■ 1862, ch. 71.
[667] be so amended that, in case any person or per- Bounty for
i . destroying
sons shall invent or construct any new machine or en- armed ves-
, . 1 i , i sels By new
gine, or contrive any new method lor destroying the inventions,
armed vessels of the enemy, he or they shall receive
fifty per centum of the value of each and every such
vessel that may be sunk or destroyed, by means of
such invention or contrivance, including the value of
the armament thereof, in lieu of twenty per centum,
as provided by said act.
671. That if any person who may have invented or
may hereafter invent any new kind of armed vessel, inventions
J 7 of new kinds
or floating battery, or defence, shall deposit a plan of
the same, accompanied by suitable explanations or spe¬
cifications, in the Navy department, together with an
affidavit setting forth that he is the inventor thereof,
such deposit and affidavit (unless the facts set forth
therein shall be disproved) shall entitle such inventor
or his assigns to the sole and exclusive enjoyment of
the rights and privileges conferred by this act, reserv¬
ing, however, to the government, in all cases, the iMght
of using such invention.
672. That the commanding officer of every vessel |\Y c'k1861
having a commission or letters of marque and reprisal, ^°™nal to
during the present hostilities between the Confederate the com.y
284
DIGEST OF
manderof States and the United States, shall keep a regular
every priva- ' a o
teer. journal, containing a true and exact account of his
daily proceedings and transactions with such vessel
and the crew thereof; the ports and places he shall
put into or cast anchor in ; the time of his stay there,
and the cause thereof; the prizes he shall take, and
the nature and probable value thereof; the times and
places when and where taken, and in what manner he
shall dispose of the same; the ships or vessels he shall
fall in with; the times and places when and where he
shall meet with them, and his observations and re¬
marks thereon ; also, of whatever else shall occur to
him, or any of his officers or marines, or be discovered
by examination or conference with any marines or pas¬
sengers of or in any other ships or vessels, or by any
other means, touching the fleets, vessels, and forces of
the United States, their posts and places of station,
and destination, strength, numbers, intents, and de-
Deiivery of signs ; and such commanding officer shall, immediate-
conectorof or) his arrival in any port of the Confederate States,
customs. from or during the continuance of any voyage or cruise,
produce his commission for such vessel, and deliver up
such journal, so kept as aforesaid, signed with his prop¬
er name and handwriting, to the collector or other
chief officer of the customs at or nearest to such port—
the truth of which journal shall be verified by the oath
Duty of of the commanding officer for the time being. And
arrivai°of0n such collectoror other chief officer of the customs shall,
vesaeL immediately on the arrival of such vessel, order the
proper officer of the customs to go on board and take
an account of the officers and men, the number and
nature of the guns, and whatever else shall occur to
him, on examination, material to be known ; and no
such vessel shall be permitted to sail out of port again
until such journal shall have been delivered up, and a
certificate obtained under the hand of such collector
or other chief officer of the customs, that she is manned
and armed according to her commission; and upon
delivery of such certificate, any former certificate of a
like nature which shall have been obtained by the
commander of such vessel, shall be delivered up.
NAVAL LAWS.
285
673. That the commanders of vessels having letters ibid, §12.
of marque and reprisal as aforesaid, neglecting to keep vioiatmgthe
a journal as aforesaid, or wilfully making fraudulent provisions,
entries therein, or obliterating the record of any ma¬
terial transaction contained therein, where the inter¬
est of the Confederate States is concerned, or refusing
to produce and deliver such journal, commission, or
certificate, pursuant to the preceding section of this act,
then and in such cases the commissions or letters of
marque and reprisal of such vessels shall be liable to
be revoked; and such commanders respectively shall
forfeit for every such offence the sum of one thousand
dollars, one moiety thereof to the use of the Confed¬
erate States, and the other to the informer.
674. That the owners or commanders of vessels hav- ibid, §13.
• iii r* 1 • 1 ry #ji Violation of
ing letters of marque ana reprisal as aforesaid, who menueiaws
shall violate any of the acts of Congress for the col¬
lection of the revenue of the Confederate States, and
for the prevention of smuggling, shall forfeit the com¬
mission or letters of marque and reprisal, and they and
the vessels owned or commanded by them shall be lia¬
ble to all the penalties and forfeitures attaching to
merchant vessels in like cases.
675. That on all goods, wares, and merchandize capt- ibid, 114.
. Deduction of
ured, and made good and lawful prizes of war, by any duties on
. i ^ . 1 . . , „ captured
private armed ship having commission or letters of goods
, -lit. , i , . brought into
marque and reprisal under this act, and brought into the confed-
the Confederate States, there shall be allowed a deduc¬
tion of thirty-three and one-third per cent, on the
amount of duties imposed by law.
676. That five per centum on the net amount (after ibid, §15.
r v Fund for
deducting all charges and expenditures") of the prize- support of
® . ' the widows
money arising from captured vessels and cargoes, and and orphans
, n 1 « , of persons
on the net amount of the salvage of vessels and car- siainon
board of
goes recaptured by private armed vessels of the Con- privateers,
rl 1,11 ,1. i an>d for sup-
federate States, shall be secured and paid over to the port of the
collector or other chief officer of the customs at the
port or place in the Confederate States at which such
captured or recaptured vessels may arrive, or to the
consul or other public agent of the Confederate States
residing at the port 01* place not within the Confederate
236
DIGEST OF
May 14,1861
3 1, ch. 18.
Prizes to be
sold at auc¬
tion by the
marshal of
the district
in which
they are
condemned.
Auk. 30,
1861, § 2,
ch. 64.
Prizes to be
sold in cer¬
tain cases
by the mar¬
shal of the
adjoining
district.
States at which such captured or recaptured vessel may
arrive. And the moneys arising therefrom shall be
held and are hereby pledged by the Government of the
Confederate States as a fund for the support and main¬
tenance of the widows and orphans of such persons as
may be slain, and for the support and maintenance of
such persons as may be wounded and disabled on board
of the private armed vessels commissioned as afore¬
said, in any engagement with the enemy, to be assign¬
ed and distributed in such manner as shall hereafcer be
provided by law.
677. That all prizes of vessels and property captured
by private armed ships, in pursuance of the act pass¬
ed by Congress recognizing the existence of war be¬
tween the United States and the Confederate States,
and concerning letters of marque, prizes, and prize
goods [655], which may be condemned in any court
of the Confederate States, shall be sold at public auc¬
tion by the marshal of the district in which the same
shall be condemned, within sixty days after the con¬
demnation thereof—sufficient notice of the time and
place and condition of sale being first given—on such
day or days, on such terms of credit, and in such lots
or proportions as may be designated by the owner or
owners, or agent of the owner or owners, of the priva¬
teer which may have captured the same : Provided,
That the terms of such credit shall not exceed ninety
days. And the said marshal is hereby directed to take
and receive from the purchaser or purchasers of such
prize vessel and property the money therefor, or his,
her, or their promissory notes, with endorsers, to be
approved by the owner or owners of the privateer, to
the amount of the purchase, payable according to the
terms thereof.
678. That the first section [677] of the last above re¬
cited act be so amended as to allow the judge of a prize
court, wherein any condemnation may be had, to order
and decree that the said vessel and the cargo, or any
part thereof, may, in his discretion, and to enhance the
value thereof, be sold by the marshal of the adjoining
district, and at such place therein as he may designate:
NAVAL LAWS.
237
Provided, always, That the duties upon all dutiable
goods shall be paid from the proceeds of sale.
679. That upon all duties, costs, and charges being Mayu. i86i
paid according to law, the said marshal shall, on de- Distribution
mand, deliver and pay over to the owner or owners of of sai°eseeds
the privateer, or to the agent of such owner or own¬
ers of the privateer which may have captured such
prize vessel and property, a just and equal proportion
of the funds received on account of the sale thereof,
and of the promissory notes directed to be taken as
aforesaid, to which the said owner or owners may be
entitled according to the articles of agreement between
the said owner or owners and the officers and crew of
the said privateer; and a just and equal proportion of
the proceeds of the sale as aforesaid shall, on demand,
be also paid over by the said marshal to the officers and
crew of the said privateer, or to their agent or agents.
And if there be no written agreement, it shall be the
duty of the marshal to pay over, in manner as afore¬
said, one moiety of the proceeds of the sale of such
prize vessel and property to the owner or owners of
the privateer which may have captured the same, and
the other moiety of the said proceeds to the agent or
agents of the officers and crew of the said privateer, to
be distributed according to law or to any agreement
by-them made: Provided, The said officers and crew,
or their agent or agents, shall have first refunded
to the owner or owners, or to the agent of the owner
or owners of the privateer aforesaid, the full amount
of advances which shall have been made by the own¬
er or owners of the privateer to the officers and crew
thereof.
680. That for the selling prize property and receiv- j^lal's
ing and paying over the proceeds as aforesaid, the commissions
marshal shall be entitled to a commission of one per
cent, and no more, first deducting all duties, costs, and
charges which may have accrued on said property:
Provided, That in no case of condemnation and sale
of any one prize vessel and cargo shall the commis¬
sions of the max-shal exceed two hundred and fifty
dollars.
238
DIGEST OF
ibid, g 4. That it shall be the duty of the marshal, with-
Account 01
med8 tobe *n ^^teen days after any sale of prize property, to file
in the office of the clerk of the district court of the
district wherein such sale may be made, a just and
true account of the sales of such prize property, and
of all duties and charges thereon, together with a
statement thereto annexed of the promissory notes
taken on account thereof, which aecount shall be veri¬
fied by the oath of the said marshal; and if the said
marshal shall wilfully neglect or refuse to file such
account, he shall forfeit and pay the sum of five hun¬
dred dollars for each omission or refusal as aforesaid,
to be recovered in an action of debt by any person in¬
terested in such sale, and suing for the said penalty,
on account of the party or parties interested in the
prize vessel or property sold as aforesaid, in any court
having cognizance thereof,
ibid, \ t. 682. That the owner or owners of any private arm-
Removal of .
prizes before ed vessel or vessels, or their agent or agents, may, at
libel is filed. . in i«i i % n i mi
any time before a libel shall be filed against any capt¬
ured vessel or her cargo,remove the same from any port
into which such prize vessel or property may be first
brought, to any other port in the Confederate States, to
be designated at the time of the removal as aforesaid,
subject to the same restrictions, and complying with
the same regulations with respect to the payment of
duties which are provided by law in relation to other
vessels arriving in port with cargoes subject to the
payment of duties : Provided, That before such re¬
moval the said captured propert}' shall not have been
attached at the suit of any adverse claimant, or a claim
against the same have been interposed in behalf of the
Confederate States.
jan^27,1862 683. That it shall be lawful for the purchaser of any
Purchaser vessel sold under a decree of court as a prize of war,
nameCofnse to alter the name thereof, and to bestow on the same
such name as he may deem proper—which change of
name shall be duly certified on the papers and titles of
such vessel by the collector of the port where such sale
was made.
NAVAL LAWS.
239
684. That the Government of the Confederate States Feb. 15,1862
ch. 77.
do hereby relinquish all claim to any portion of the Reiinquish-
proceeds of the sale of certain vessels and their car- emment
goes captured in the Chesapeake bay and the Potomac vessels capt-
river, on or about the twenty-ninth day of June, eigh- tain HoUins
teen hundred and sixty-one, by George M. Hollins, and others'
captain in the Confederate States Navy, and certain
officers of the navy and private citizens under his com¬
mand—said prizes having been made without the par¬
ticipation of any vessel of the Confederate States or
other government aid.
XXIX.—MARINE HOSPITALS.
685. Expenses. Transfer of authority.
685. That the expenses of the marine hospitals in Re^l6'1861
the Confederate States be limited to the amounts re- fransferof
ceived for their support; and that the Secretary of the authonty-
Treasury be authorized to place any such hospitals as
may be practicable under the charge of any corporate
or state authority which will undertake to keep open
the same as a hospital for the sick, and to receive there¬
in such seamen as the funds allowed by law for their
support will enable them to provide for.
XXX.—NATURALIZATION.
686. Protection of aliens while in naval service, etc.
686. That the provisions of the above recited act J^o*'1861
[4791 be and the same are hereby extended to all per- Protection of
aliens while
sons, not citizens of one of the Confederate States, who in navai
are engaged in the naval service of the Confederate
States during the present war with the United States:
Provided, however, That the oath therein prescribed Right to be-
may be administered by the captain or other command- rahz6ed,aetc.
ing officer of any national ship to all persons entitled
to the benefit of this act and attached thereto, and that
240
DIGEST OF NAVAL LAWS.
the duties therein imposed upon the Secretary of War
in regard to persons in the military service, shall be
performed by the Secretary of the Navy in reference
to persons in the naval service.
XXXI.—PRESIDENT.
(See 491 et seq.)
XXXII-PRISONERS OF WAR.
(See 500 et seq.)
XXXIII—RETALIATION.
(See 508 et seq.)
APPENDIX.
16
CLAUSES
OF THE
CONSTITUTION
OF THE
CONFEDERATE STATES OF AMERICA
relating to military and naval affairs.
ARTICLE I.
Section 8.
The Congress shall have power—
10. To define and punish piracies and felonies committed on
the high seas, and offences against the law of nations :
11. To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and on water:
12. To raise and support armies; but no appropriation of
money to that use shall be for a longer term than two years:
13. To provide and maintain a navy:
14. To make rules for the government and regulation of the
land and naval forces:
15. To provide for calling forth the militia to execute the
laws of the Confederate States, suppress insurrections, and re¬
pel invasions:
16. To provide for organizing, arming, and disciplining tlie
militia, and for governing such part of them as may be employ¬
ed in the service of the Confederate States—reserving to the
states, respectively, the appointment of the officers, and the
authority of training the militia according to the discipline
prescribed by Congress:
18. To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all other
powers vested by this constitution in the Government of the
Confederate States, or in any department or officer thereof.
APPKNDIX.
Section 9.
3. The privilege of the writ of habeas corpus shall not be sus¬
pended, unless when, in case of rebellion or invasion, the public
safety may require it.
13. A well-regulated militia being necessary to the security
of a free state, the right of the people to keep and bear arms
shall not be infringed.
14. No soldier shall, in time of peace, be quartered in any
house without the consent of the owner ; nor in time of war,
but in a manner to be prescribed by law.
16. No person shall be held to answer for a capital or other¬
wise infamous crime, unless on a presentment or indictment of
a grand jury, except in cases arising in the land or naval forces,
or in the militia, when in actual service in time of war or public
danger; nor shall any person be subject for the same offence to
be twice put in jeopardy of life or limb; nor be compelled, in
any criminal case, to be a witness against himself; nor be de¬
prived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use, without just
compensation.
Section 10.
1. No state shall enter into any treaty, alliance, or confeder¬
ation; grant letters of marque and reprisal; coin money; make
anything but gold and silver coin a tender in payment of debts;
pass any bill of attainder, or ex post facto law, or law impairing
the obligation of contracts; or grant any title of nobility.
3. No state shall, without the consent of Congress, lay any
duty on tonnage, except on sea-going vessels, for the improve¬
ment of its rivers and harbors navigated by the said vessels;
but such duties shall not conflict with any treaties of the Con¬
federate States with foreign nations; and any surplus revenue,
thus derived, shall, after making such improvement, be paid
into the common treasury. Nor shall any state keep troops or
ships of war in time of peace, enter into any agreement or
compact with another state, or with a foreign power, or engage
in war, unless actually invaded, or in such imminent danger as
will not admit of delay. But when any river divides or flows
through two or more states, they may enter into compacts with
each other to improve the navigation thereof.
CLAUSES OF THE CONSTITUTION.
245
ARTICLE II.
Section 2.
1. The President shall be commander-in-chief of the Army
and Navy of the Confederate States, and of the militia of the
several states, when called into the actual service of the Con¬
federate States; he may require the opinion, in writing, of the
principal officer in each of the Executive departments, upon
any subject relating to the duties of their respective offices;
and he shall have power to grant reprieves and pardons for
offences against the Confederacy, except in cases of impeach¬
ment.
ARTICLE III.
Section 3.
1. Treason against the Confederate States shall consist only
in levying war against them, or in adhering to their enemies,
giving them aid and comfort. No person shall be convicted of
treason unless on the testimony of two witnesses to the same
overt act, or on confession in open court.
2. The Congress shall have power to declare the punishment
of treason; but no attainder of treason shall work corruption
of blood, or forfeiture, except during the life of the person at¬
tainted.
4. The Confederate States shall guaranty to every state that
now is, or hereafter may become, a member of this Confederacy,
a republican form of government; and shall protect each of
them against invasion; and, on application of the legislature
(or of the executive, when the legislature is not in session),
against domestic violence.
ARTICLES OF WAR.
Article 1. Every officer now in the Army of the Confeder¬
ate States shall, in six months from the passing of this act, and
every officer who shall hereafter be appointed shall, before he
enters on the duties of his office, subscribe these rules and regu¬
lations.
Art. 2. It is earnestly recommended to all officers and sol¬
diers diligently to attend divine service; and all officers who
shall behave indecently or irreverently at any place of divine
worship shall, if commissioned officers, be brought before a gen¬
eral court-martial, there to be publicly and severely reprimand¬
ed by the president; if non-commissioned officers or soldiers,
every person so offending shall, for his first offence, forfeit one-
sixth of a dollar, to be deducted out of his next pay; for the
second offence, he shall not only forfeit a like sum, but be con¬
fined twenty-four hours ; and for every like offence, shall suffer
and pay in like manner; which money, so forfeited, shall be ap¬
plied by the captain or senior officer of the troop or company
to the use of the sick soldiers of the company or troop to which
the offender belongs.
Art. 8. Any non-commissioned officer or soldier who shall
use any profane oath or execration, shall incur the penalties
expressed in the foregoing article; and a commissioned officer
shall forfeit and pay for each and every such offence one dollar,
to be applied as in the preceding article.
Art. 4. Every chaplain, commissioned in the Army or Armies
of the Confederate States, who shall absent himself from the
duties assigned him (excepting in cases of sickness or leave of
absence) shall, .on conviction thereof before a court-martial, be
fined not exceeding one month's pay, besides the loss of his pay
during his absence, or be discharged, as the said court-martial
shall judge proper.
Art. 5. Any officer or soldier who shall use contemptuous or
disrespectful words against the President of the Confederate
States, against the Vice-President thereof, a'gainst the Congress
of the Confederate States, or against the chief magistrate or
articles of war.
247
legislature of any of the Confederate States in which he may
be quartered, if a commissioned officer, shall he cashiered or
otherwise punished, as a court-martial shall direct; if anon-
commissioned officer or soldier, he shall suffer such punishment
as shall be inflicted on him by the sentence of a court-martial.
Art. 6. Any officer or soldier who shall behave himself with
contempt or disrespect toward his commanding officer, shall be
punished, according to the nature of his offence, by the judg¬
ment of a court-martial.
Art. 7. Any officer or soldier who shall begin, excite, cause,
or join in any mutiny or sedition, in any troop or company in
the service of the Confederate States, or in any party, post, de¬
tachment, or guard, shall suffer death, or such other punishment
as by a court-martial shall be inflicted.
Art. 8. Any officer, non-commissioned officer, or soldier, who,
being present at any mutiny or sedition, does not use his utmost
endeavor to suppress the same, or, coming to the knowledge of
any intended mutiny, does not, without delay, give information
thereof to his commanding officer, shall be punished by the sen¬
tence of a court-martial with death, or otherwise, according to
the nature of his offence.
Art. 9. Any officer or soldier who shall strike his superior
officer, or draw or lift up any weapon, or offdr any violence
against him, being in the execution of his office, on any pretence
whatsoever, or shall disobey any lawful command of his superior
officer, shall suffer death, or such other punishment as shall, ac¬
cording to the nature of his offense, be inflicted upon him by the*
sentence of a court-martial.
Art. 10. Every non-commissioned officer or soldier who shall
enlist himself in the service of the Confederate States shall, at
the time of his so enlisting, or within six days afterward, have the
Articles for the government of the Armies of the Confederate
States read to him, and shall, by the officer who enlisted him, or
by the commanding officer of the troop or company into which
he was enlisted, be taken before the next justice of the peace, or
chief magistrate of any city or town corporate, not being an
officer of the army, or where recourse can not be had to the
civil magistrate, before the judge advocate, and in his presence
shall take the following oath or affirmation : " I, A. B., do sol¬
emnly swear, or affirm (as the case may be), that I will bear
true allegiance to the Confederate States of America, and that
248
appendix.
I will serve them honestly and faithfully against all their ene¬
mies or opposers whatsoever; and observe and obey the orders
of the President of the Confederate States, and the orders of
the officers appointed over me, according to the Rules and Arti¬
cles for the government of the Armies of the Confederate States."
"Which justice, magistrate, or judge advocate is to give to the
officer a certificate, signifying that the man enlisted did take the
said oath or affirmation.
Art. 11. After a non-commissioned officer or soldier shall
have been duly enlisted and sworn, he shall not be dismissed
the service without a discharge in writing; and no discharge
granted to him shall be sufficient which is not signed by a field-
officer of the regiment to which he belongs, or commanding offi¬
cer, where no field-officer of the regiment is present; and no
discharge shall be given to a non-commissioned officer or soldier
before his term of service has expired, but by order of the
President, the Secretary of War, the commanding officer of a
department, or the sentence of a general court-martial; nor
shall a commissioned officer be discharged the service but by or¬
der of the President'of the Confederate States, or by sentence
of a general court-martial.
Art. 12. Every colonel, or other officer commanding a regi¬
ment, troop, or company, and actually quartered with it, may
give furloughs to non-commissioned officers or soldiers, in such
numbers, and for so long a time, as he shall judge to be most
consistent with the good of the service; and a captain, or other
inferior officer, commanding a troop or company, or in any gar¬
rison, fort, or barrack of the Confederate States (his field-officer
being absent), may give furloughs to non-commissioned officers
and soldiers, for a time not exceeding twenty days in six months,
but not to more than two persons to be absent :it the same time,
excepting some extraordinaiy occasion should require it.
Art. 13. At every muster, the commanding officer of each
regiment, troop, or company there present, shall give to the
commissary of musters, or other officer who musters the said
regiment, troop, or company, certificates signed by himself, sig¬
nifying how long such officers as shall not appear at the said
muster have been absent, and the reason of their absence. In
like manner, the commanding officer of every troop or company
shall give certificates, signifying the reasons of the absence of
the non-commissioned officers and private soldiers—which rca-
articles of war.
249
sons and time of absence shall be inserted in the muster-rolls,
opposite the names of the respective absent officers and soldiers.
The certificates shall, together with the muster-rolls, be remit¬
ted by the commissary of musters, or other officer mustering, to
the Department of War, as speedily as the distance of the place
will admit.
Art. 14. Every officer who shall be convicted before a general
court-martial of having signed a false certificate relating to the
absence of either officer or private soldier, or relative to his or
their pay, shall be cashiered.
Art. 15. Every officer who shall knowingly make a false mus¬
ter of man or horse, and every officer or commissary of musters
who shall willingly sign, direct, or allow the signing of muster-
rolls wherein such false muster is contained, shall, upon proof
made thereof) by two witnesses, before a general court-martial,
be cashiered, and shall be thereby utterly disabled to have or
hold any office or employment in the service of the Confederate
States.
Art. 16. Any commissary of musters, or other officer, who
shall be convicted of having taken money, or other thing, by way
of gratification, on mustering any regiment, troop, or company,
or on signing muster-rolls, shall be displaced from his office, and
shall be thereby utterly disabled to have or hold any office or
employment in the service of the Confederate States.
Art. 17. Any officer who shall presume to muster a person
as a soldier who is not a soldier, shall be deemed guilty of hav¬
ing made a false muster, and shall suffer accordingly.
Art. 18. Every officer who shall knowingly make a false re¬
turn to the Department of War, or to any of his superior offi¬
cers authorized to call for such returns, of the state of the regi¬
ment, troop, or company, or garrison under his command, or of
the arms, ammunition, clothing, or other stores thereunto be¬
longing, shall, on conviction thereof before a court-martial, be
cashiered.
Art. 19. The commanding officer of every regiment, troop,
or independent company, or garrison of the Confederate States
shall, in the beginning of every month, remit, through the
proper channels, to the Department of War, an exact return of
the regiment, troop, independent company, or garrison under
his command, specifying the names of the officers then absent
from their posts, with the reasons for and the time of their ab-
250
APPENDIX.
senee. And any officer who shall be convicted of having, through
neglect or design, omitted sending such returns, shall he pun¬
ished, according to the nature of his crime, by the judgment of
a general court-martial.
Art. 20.* All officers and soldiers who have received pay, or
have been duly enlisted in the service of the Confederate States,
and shall be convicted of having deserted the same, shall suffer
death, or such other punishment as, by sentence of a court-
martial, shall be inflicted.
Art. 21. Any non-commissioned officer or soldier who shall,
without leave from his commanding officer, absent himself from
his troop, company, or detachment, shall, upon being convicted
thereof, be punished according to the nature of his offence, at
the discretion of a court-martial.
Art. 22. No non-commissioned officer or soldier shall enlist
himself in any other regiment, troop, or company, without a
regular discharge from the regiment, troop, or company in
which he last served, on the penalty of being reputed a desert¬
er, and suffering accordingly. And in case any officer shall know¬
ingly receive and entertain such non-commissioned officer or
soldier, or shall not, after his being discovered to be a deserter,
immediately confine him, and give notice thereof to the corps in
which he last served, the said officer shall, by a court-martial,
be cashiered.
Art. 28. Any officer or soldier who shall be convicted of
having advised or persuaded any other officer or soldier to de¬
sert the service of the Confederate States, shall suffer death, or
such other punishment as shall be inflicted upon him by the
sentence of a court-martial.
Art. 24. No officer or soldier shall use any reproachful or
provoking speeches or gestures to another, upon pain, if an
officer, of being put in arrest; if a soldier, confined, and of ask¬
ing pardon of the party offended, in the presence of his com¬
manding" officer.
Art. 25. No officer or soldier shall send a challenge to another
officer or soldier to fight a duel, or accept a challenge if sent,
upon pain, if a commissioned officer, of being cashiered; if a
non-commissioned officer or soldier, of suffering corporal pun¬
ishment, at the discretion of a court-martial.
Ainnnflfld. See JjSO.
articles of war.
251
Art. 26. If any commissioned or non-commissioned officer
commanding a guard shall knowingly or willingly suffer any
person whatsoever to go forth to fight a duel, he shall be punish¬
ed as a challenger; and all seconds, promoters, and carriers of
challenges, in order to duels, shall be deemed principals, and be
punished accordingly. And it shall be the duty of every officer
commanding an army, regiment, company, post, or detachment,
who is knowing to a challenge being given or accepted by any
officer, non-commissioned officer, or soldier under his command,
or has reason to believe the same to be the case, immediately
to arrest and bring to trial such offenders.
Art. 27. All officers, of what condition soever, have power
to part and quell all quarrels, frays, and disorders, though the
persons concerned should belong to another regiment, troop, or
company; and either to order officers into arrest, or non-com¬
missioned officers or soldiers into confinement, until their proper
superior officers shall be acquainted therewith; and whosoever
shall refuse to obey such officer (though of an inferior rank), or
shall draw his sword upon him, shall be punished at the dis¬
cretion of a general court-martial.
Art. 28. Any officer or soldier who shall upbraid another
for refusing a challenge, shall himself be punished as a chal¬
lenger; and all officers and soldiei*s are hereby discharged from
any disgrace or opinion of disadvantage which might arise
from their having refused to accept of challenges, as they will
only have acted in obedience to the laws, and done their duty
as good soldiers who subject themselves to discipline.
Art. 29. No sutler shall -be permitted to sell any kind of
liquors or victuals, or to keep their houses or shops open for
the entertainment of soldiers, after nine at night, or before the
beating of the reveille, or upon Sundays during divine service
or sermon, on the penalty of being dismissed from all future
suttling.
Art. 30. All officers commanding in th« field, forts, barracks,
or garrisons of the Confederate States, are hereby required to
see that the persons permitted to suttle shall supply the soldiers
with good and wholesome provisions, or other articles, at a
reasonable price, as they shall be answerable for their neglect.
Art. 31. No officer commanding in any of the garrisons,
forts, or barracks of the Confederate States, shall exact exorbi¬
tant prices for houses or stalls let out to sutlers, or connive at
252
appendix.
the like exactions in others; nor by his own authority, and for
his private advantage, lay any duty or imposition upon, or be
interested in, the sale of any victuals, liquors, or other neces¬
saries of life brought into the garrison, fort, or barracks for the
use of the soldiers, on the penalty of being discharged from the
service.
Art. 32. Every officer commanding in quarters, garrisons,
or on the march, shall keep good order, and, to the utmost of
his power, redress all abuses or disorders which may be com¬
mitted by any officer or soldier under his- command; if, upon
complaint made to him of officers or soldiers beating or other¬
wise ill-treating any person, or disturbing fairs or markets, or
of committing any kind of riots, to the disquieting of the citizens
of the Confederate States, he, the said commander who shall
refuse or omit to see justice done to the offender or offenders,
and reparation, made to the party or parties injured, as far as
part of the offender's pay shall enable him or them, shall, upon
proof thereof, be cashiered, or otherwise punished, as a general
court-martial shall direct.
Art. 33. When any commissioned officer or soldier shall be
accused of a capital erime, or of having used violence, or com¬
mitted any offence against the person or property of any citizen
of any of the Confederate States, such as is punishable by the
known laws of the land, the commanding officer and officers of
every regiment, troop, or company to which the person or per¬
sons so accused shall belong, are hereby required, upon applica¬
tion duly made by or in behalf of the party or parties injured, to
use their utmost endeavors to deliver over such accused person
or persons to the civil magistrate, and likewise to be aiding and
assisting to the officers of justice in apprehending and securing
the person or persons so accused, in oi'der to bring him or them
to trial. If any commanding officer or officers shall wilfully
neglect, or shall refuse, upon the application aforesaid, to de¬
liver over such accused person or persons to the civil magis¬
trates, or to be aiding and assisting to the officers of justice in
apprehending such person or persons, the officer or officers so
offending shall be cashiered.
Art. 34. If any officer shall think himself wronged by his
colonel, or the commanding officer of the regiment, and shall,
upon due application being made to him, be refused redress, he
may complain to the general commanding in the state or tcr-
articles of war.
253
ritory where such regiment shall be stationed, in order to
obtain justice; who is hereby required to examine into said
complaint, and take proper measures for redressing the wrong
complained of, and transmit, as soon as possible, to the Depart¬
ment of War, a true state of such complaint, with the proceed¬
ings had thereon.
Art. 35. If any inferior officer or soldier shall think himself
wronged by his captain or other officer, he is to complain
thereof to the commanding officer of the regiment, who is
hereby required to summon a regimental court-martial for the
doing justice to the complainant; from which regimental court-
martial either party may, if he think himself still aggrieved,
appeal to a general court-martial. But if, upon a second hear¬
ing, the appeal shall appear vexatious and groundless, the per¬
son so appealing shall be punished at the discretion of said
court-martial.
Art. 36. Any commissioned officer, storekeeper, or commis¬
sary, who shall be convicted at a general court-martial of
having sold, without a proper order for that purpose, embez¬
zled, misapplied, or wilfully or through neglect suffered any
of the provisions, forage, arms, clothing, ammunition, or other
military stores belonging to the Confederate States to be spoiled
or damaged, shall, at his own expense, make good the loss or
damage, and shall, moreover, forfeit all his pay, and be dis¬
missed from the service.
Art. 37. Any non-commissioned officer or soldier who shall
be convicted at a regimental court-martial of having sold, or
designedly or through neglect wasted the ammunition deliver¬
ed out to him, to be employed in the service of the Confederate
States, shall be punished at the discretion of such court.
Art. 38. Every non-commissioned officer or soldier who
shall be convicted before a court-martial of having sold, lost, or
spoiled, through neglect, his horse, arms, clothes, or accoutre¬
ments, shall undergo such weekly stoppages (not exceeding
the half of his pay) as such court-martial shall judge sufficient
for repairing the loss or damage; and shall suffer confipement,
or such other corporal punishment as his crime shall deserve.
Art. 39. Every officer who shall be convicted before a court-
martial of having embezzled Qr misapplied any money with
which he may have been intrusted, for the payment of the men
under his command, or for enlisting men into the service, or for
254
appendix.
other purposes, if a commissioned officer, shall be cashiered, and
compelled to refund the money; if a non-commissioned officer,
shall be reduced to the ranks, be put under stoppages until the
money be made good, and suffer such corporal punishment as
such court-martial shall direct.
Art. 40. Every captain of a troop or company is charged
with the arms, accoutrements, ammunition, clothing, or other
warlike stores belonging to the troop or company under his
command, which he is to be accountable for to his colonel in
case of their being lost, spoiled, or damaged, not by unavoid¬
able accidents, or on actual service.
Art. 41. Ail non-commissioned officers and soldiers who shall
be found one mile from the camp without leave, in writing,
from their commanding officer, shall suffer such punishment as
shall be inflicted upon them by the sentence of a court-martial.
Art. 42. No officer or soldier shall lie out of his quarters,
garrison, or camp, without leave from his superior officer, upon
penalty of being punished according to the nature of his offence,
by the sentence of a court-martial.
Art. 43. Every non-commissioned officer and soldier shall
retire to his quarters or tent at the beating of the retreat; in
default of which he shall be punished according to the nature
of his offence.
Art. 44< No officer, non-commissioned officer, or soldier shall
fail in repairing, at the time fixed, to the place of parade, of
exercise, or other rendezvous appointed by his commanding
officer, if not prevented by sickness or some other evident ne¬
cessity, or shall go from the said place of rendezvous without
leave from his commanding officer, before he shall be regularly
dismissed or relieved, on the penalty of being punished, accord¬
ing to the nature of his offence, by the sentence of a court-
martial.
Art. 45. Any commissioned officer who shall be found drunk
on his guard, party, or other duty, shall be cashiered. Any
non-commissioned officer or soldier so offending shall suffer
such cofporal punishment as shall be inflicted by the sentence
of a court-martial.
Art. 46. Any sentinel who shall be found sleeping upon his
post, or shall leave it before he shall be regularly relieved, shall
suffer death, or such otber punishment as shall be inflicted by
the sentence of a court-martial.
ARTICLES OF WAR.
255
Art. 47. No soldier belonging to any regiment, troop, or
company shall hire another to do his duty for him, or be ex¬
cused from duty but in cases of sickness, disability, or leave of
absence; and every such soldier found guilty of hiring his
duty, as also the party so hired to do another's duty, shall be
punished at the discretion of a regimental court-martial.
Art. 48. And every non-commissioned officer conniving at
such hiring of duty aforesaid, shall be reduced; and every com¬
missioned officer knowing and allowing such ill practices in the
service, shall be punished by the judgment of a general coqrt-
martial.
Art. 49. Any officer belonging to the service of the Con¬
federate States who, by discharging of fire-arms, drawing of
swords, beating of drums, or by any other means whatsoever,
shall occasion false alarms in camp, garrison, or quarters, shall
suffer death, or such other punishment as shall be ordered by
the sentence of a general court-martial.
Art. 50. Any officer or soldier who shall, without urgent
necessity, or without the leave of his superior officer, quit his
guard, platoon, or division, shall be punished, according to the
nature of his offence, by the sentence of a court-martial.
Art. 51. No officer or soldier shall do violence to any person
who brings provisions or other necessaries to the camp, gar¬
rison, or quaiffers of the forces of the Confederate States, em¬
ployed in any parts out of the said states, upon pain of death,
or such other punishment as a court-martial shall direct.
Art. 52. Any officer or soldier who shall misbehave himself
before the enemy, runaway, or shamefully abandon any fort,
post, or guard, which he or they may be commanded to defend,
or speak words inducing others to do the like, or shall cast
away his arms and ammunition, or who shall quit his post or
colors to plunder and pillage, every such offender, being duly
convicted thereof, shall suffer death, or such other punishment
as shall be ordered by the sentence of a general court-martial.
Art. 53. Any person belonging to the Armies of the Con-'
federate States who shall make known the watchword to any
person who is not entitled to receive it according to the rules
and discipline of war, or shall presume to give a parole or
watchword different from what he received, shall suffer death,
or such other punishment as shall be ordered by the sentence
of a general court-martial.
250
APPENDIX.
Art. 54. All officers and soldiers are to behave themselves
orderly in quarters and on their march; and whoever shall
commit any waste or spoil, either in walks or trees, parks, war¬
rens, fish-ponds, houses, or gardens, corn-fields, inclosures of
meadows, or shall maliciously destroy any property whatsoever
belonging to the inhabitants of the Confederate States, unless
by order of the then commander-in-chief of the armies of the
said states, shall (besides such penalties as they are liable to by
law) be punished according to the nature and degree of the
offence, by the judgment of a regimental or general court-
martial.
Art. 55. Whosoever, belonging to the Armies of the Con¬
federate States in foreign parts, shall force a safeguard, shall
suffer death.
Art. 56. Whosoever shall relieve the enemy with money,
victuals, or ammunition, or shall knowingly harbor or protect
an enemy, shall suffer death, or such other punishment as shall
be ordered by the sentence of a court-martial.
Art. 57. Whosoever shall be convicted of holding correspond¬
ence with or giving intelligence to the enemy, either directly
or indirectly, shall suffer death, or such other punishment as
shall be ordered by the sentence of a court-martial.
Art. 58. All public stores taken in the enemy's camp, towns,
forts, or magazines, whether of artillery, ammunition, clothing,
forage, or provisions, shall be secured for the service of the
Confederate States—for the neglect of which the commanding
officer is to be answerable.
Art. 59. If any commander of any garrison, fortress, or post
shall be compelled, by the officers and soldiers under his com¬
mand, to give up to the enemy, or to abandon it, the commis¬
sioned officers, non-commissioned officers, or soldiers who shall
be convicted of having so offended, shall suffer death, or such
other punishment as shall be inflicted upon them by the sen¬
tence of a court-martial.
Art. 60. All sutlers and retainers to the camp, and all per¬
sons whatsoever, serving with the Armies of the Confederate
States in the field, though not enlisted soldiers, are to be subject
to orders, according to the rules and discipline of war.
Art. 61. Officers having brevets or commissions of a prior
date to those of the corps in which they serve, will take place
on courts-martial or of inquiry, and on boards detailed for
ARTICLES OF WAR.
257
military purposes, when composed of different corps, according
to the ranks given them in their brevets or former commis¬
sions; but in the regiment, corps, or company to which such
officers belong, they shall do duty and take rank, both in courts
and on boards as aforesaid, which shall be composed of their
own corps, according to the commissions by which they are
there mustered.
Art. 62. If, upon marches, guards, or in quarters, different
corps shall happen to join, or do duty together, the officer
highest in rank, according to the commission by which he is
mustered, in the army, navy, marine corps, or militia, there on
duty by orders from competent authority, shall command the
whole, and give orders for what is needful for the service, un¬
less otherwise directed by the President of the Confederate
States, in orders of special assignment providing for the ease.
Art. 6-3. The functions of the engineers being generally con¬
fined to the most elevated branch of military science, they are
not to assume, nor are they subject to be ordered on any duty
beyond the line of their immediate profession, except by the
special order of the President of the Confederate States; but
they are to receive every mark of respect to which their rank'
in the army may entitle them respectively, and are liable to be
transferred, at the discretion of the President, from one corps
to another, regard being paid to rank
Art. 64. General courts-martial may consist of any number
of commissioned officers, from five to thirteen, inclusively;
but they shall not consist of less than thirteen, where that
number can be convened without manifest injury to the service.
Art. 65.* Ajiy general officer commanding an army, or
colonel commanding a separate department, may appoint gen¬
eral courts-martial whenever necessary. But no sentence of a
court-martial shall be carried into execution until after the
whole proceedings shall have been laid bbfore the officer order¬
ing the same, or the officer commanding the troops for the
time being; neither shall any sentence of a general court-mar¬
tial, in the time of peace, extending to the loss of life, or the
dismission of a commissioned officer, or which shall, either in
time of peace or war, respect a general officer, be carried into
execution until after the whole proceedings shall have been
17
Amended. See 14.
25S
appendix.
transmitted to the Secretary of War, to be laid before the Pres¬
ident of the Confederate States for his confirmation or disap¬
proval and orders in the case. All other sentences may be
confirmed and executed by the officer ordering the court to
assemble, or the commanding officer for the time being, as the
.case may be.
Art. 66. Every officer commanding a regiment or corps may
appoint, for his own regiment or corps, coui'ts-martial, to con¬
sist of three commissioned officers, for the trial and punishment
of offences not capital, and decide upon their sentences. For
the same purpose, all officers commanding any of fbe gar¬
risons, forts, barracks, or other places where the troops consist
of different corps, may assemble courts-martial, to consist of
three commissioned officers, and decide upon their sentences.
Art. 67. No garrison or regimental court-martial shall have
the power to try capital cases or commissioned officers; neither
shall they inflict a- fine exceeding one month's pay, nor im¬
prison, nor put to hard labor, any non-commissioned officer or
soldier for a longer time than one month.
Art. 68. Whenever it may be found convenient and neces¬
sary to the public service, the officers of the marines shall bo
associated with the officers of the land forces for the purpose
of holding courts-martial, and trying offenders belonging to
either; and, in such cases, the orders of the senior officer of
either corps who may be present and duly authorized, shall be
received and obeyed.
Art. 69. The judge advocate, or some person deputed by
him, or by the general or officer commanding the army, de¬
partment, or garrison, shall prosecute in the name of the Con¬
federate States, but shall so far consider himself as counsel for
the prisoner, after* the said prisoner shall have made his plea,
as to object to any leading question to any of the witnesses, or
any question to the prisoner, the answer to which might tend
to criminate himself; and administer to each member of the
court, before they proceed upon any trial, the following oath,
which shall also be taken by all members of the regimental
and garrison courts-martial:
You, A. B., do swear that you will well and truly try and
determine, according to evidence, the matter now before you,
between the Confederate States of America and the prisoner to
be tried, and that you will duly administer justice, according to
*
ARTICLES OF WAR.
259
the provisions of'An act establishing rales and articles for the
government of the Armies of the Confederate States,' without
partiality, favor, or atfection; and if any doubt should arise,
not explained by said articles, according to your conscience,
the best of your understanding, and the custom of war in like
cases; and you do further swear that you will not divulge the
sentence of the court until it shall be published by the proper
authority; neither will you disclose or discover the vote or
opinion of any particular member of the court-martial, unless
required to give evidence thei*eof, as a witness, by a court of
justice, in a due course of law. So help you God."
And so soon as the said oath shall have been administered to
the respective members, the president of the court shall ad¬
minister to the judge advocate, or person officiating as such, an
oath in the following words :
" You, A. £., do swear that you will not disclose or discover
the vote or opinion of any particular member of the court-mar¬
tial, unless required to give evidence thereof, as a witness, by a
court of justice, in due course of law; nor divulge the sentence
of the court to any but the proper authority, until it shall be
duly disclosed by the same. So help you God."
Art. 70. When a prisoner, arraigned before a general court-
martial, shall, from obstinacy and deliberate design, stand mute,
or answer foreign to the purpose, the court may proceed to trial
and judgment as if the prisoner had regularly pleaded not guilty.
Art. 71. When a member shall be challenged by a prisoner,
he must state his cause of challenge, of which the court shall,
after due deliberation, determine the relevancy or validity, and
decide accordingly ; and no challenge to more than one mem¬
ber at a time shall be received by the court.
Art. 72. All the members of a court-martial are to behave
with decency and calmness; and in giving their votes are to
begin with the youngest in commission.
Art. 73. All persons who give evidence before a court-mar¬
tial are to be examined on oath or affirmation, in the following
form:
" You swear, or affirm (as the case may be), the evidence you
shall give in the cause now in hearing shall be the truth, the
whole truth, and nothing but the truth. So help you God."
Art. 74. On the trials of pases not capital, before courts-mar¬
tial, the deposition of witnesses, not in the line or staff of the
APPENDIX.
army, may be taken before some justice of the peace, and read
in evidence; provided the prosecutor and person accused are
present at the taking the same, or are duly notified thereof.
Art. 75. No officer shall be tried but by a general court-mar¬
tial, nor by officers of an inferior i-ank, if it can be avoided.
Nor shall any proceedings of trials be carried on excepting be¬
tween the hours of eight in the morning and three in the after¬
noon ; excepting in cases which, in the opinion of the officer
appointing the court-martial, require immediate example.
Art. 76. No person whatsoever shall use any menacing
words, signs, or gestures, in presence of a court-martial, or shall
cause any disorder or riot, or disturb their proceedings, on the
penalty of being punished at the discretion of the said court-
martial.
Art. 77. Whenever any officer shall be charged with a crime,
he shall he arrested and confined in his barracks, quarters, or
tent, and deprived of his sword by the commanding officer. And
any officer who shall leave his confinement before he shall be
set at liberty by the commanding officer, or by a superior offi¬
cer, shall be cashiered.
Art. 78. Non-commissioned officers and soldiers, charged with
crimes, shall be confined until tried by a court-martial, or re¬
leased by proper authority.
Art. 79. No officer or soldier who shall be put in arrest shall
continue in confinement more than eight days, or until such time
as a court-martial can he assembled.
Art. 80. No officer commanding a guard, or provost marshal,
shall refuse to receive or keep any prisoner committed to his
charge by an officer belonging to the forces of the Confederate
States; provided the officer committing shall, at the same
time, deliver an account in writing, signed by himself, of the
crime of which the said prisoner is charged.
Art. 81. No officer commanding a guard, or pi-ovost marshal,
shall presume to release any person committed to his charge
without proper authority for so doing, nor shall he suffer any
person to escape, on the penalty of being punished for it by the
sentence of a court-martial.
Art. 82. Every officer, or provost marshal, to whose charge
prisoners shall be committed, shall, within twenty-four hours
after such commitment, or as soon as he shall be relieved from
his guard, make report in writing to the commanding officer
ARTICLES OF WAR.
•201
of their names, their crimes, and the names of the officers who
committed them, on the penalty of being punished for disobedi¬
ence or neglect, at the discretion of a court-martial.
Art. 83. Any commissioned officer convicted before a general
court-martial of conduct unbecoming an officer and a gentleman,
shall be dismissed the service.
Art. 84. In cases where a court-martial may think it proper
to sentence a commissioned officer to be suspended from com¬
mand, they shall have power also to suspend his pay and emolu¬
ments for the same time, according to the nature and heinous-
ness of the offence.
Art. 85. In all cases where a commissioned officer is cashier¬
ed for cowardice or fraud, it shall be added, in the sentence, that
the crime, name, and place of abode, and punishment of the de¬
linquent, be published in the newspapers in and about the camp,
and of the particular state from which the offender came, or
where he usually resides; after which it shall be deemed scan¬
dalous for an officer to associate with him.
Art. 86. The commanding officer of any post or detachment
in which there shall not be a number of officers adequate to
form a general court-martial, shall, in cases which require the
cognizance of such a court, report to the commanding officer of
the department, who shall order a court to be assembled at the
nearest post or department, and the party accused, with neces¬
sary witnesses, to be transported to the place where the said
court shall be assembled.
Art. 87. No person shall be sentenced to suffer death but by
the concurrence of two-thirds of the members of a general court-
martial, nor except in the cases herein expressly mentioned;
and no officer, non-commissioned officer, soldier, or follower of
the army, shall be tried a second time for the same offence.
Art. 88. No person shall be liable to be tried and punished
by a general court-martial for any offence which shall appear
to have been committed more than two years before the issuing
of the order for such trial, unless the person, by reason of hav¬
ing absented himself, or some other manifest impediment, shall
not have bqen amenable to justice within that period.
Art. 89. Every officer authorized to order a general court-
martial shall have power to pardon or mitigate any punishment
ordered by such court, except the sentence of death, or of cash¬
iering an officer; which, in the cases where he has authority
appendix.
(by Article 65) to carry them into execution, he may suspend,
until the pleasure of the President of the Confederate States
can be known ; whieh suspension, together with copies of the
proceedings of the court-martial, the said officer shall immedi¬
ately transmit to the President for his determination. And the
colonel or commanding officer of the regiment or garrison where
any regimental or garrison court-martial shall be held, may
pardon or mitigate any punishment ordered by such court to be
inflicted.
Art. 90. Every judge advocate, or person officiating as such,
at any general court-martial, shall transmit, with as much ex¬
pedition as the opportunity of time and distance of place can
admit, the original proceedings and sentence of such court-mar¬
tial to the Secretary of War; which said original proceedings
and sentence shall be carefully kept and preserved in the office
of said secretary, to the end that the persons entitled thereto
may bo enabled, upon application to the said officer, to obtain
copies thereof.
The party tried by any general court-martial shall, upon de¬
mand thereof, made by himself, or by any person or persons in
his behalf, be entitled to a copy of the sentence and proceedings
of such court-martial.
Art. 91. In cases where the general or commanding officer
may order a court of inquiry to examine into the nature of any
transaction, accusation, or imputation against any officer or sol¬
dier, the said court shall consist of one or more officers, not ex¬
ceeding three, and a judge advocate, or other suitable person,
as a recorder, to reduce the proceedings and evidence to writing
—all of whom shall be sworn to the faithful performance of
their duty. This court shall have the same power to summon
witnesses as a court-martial, and to examine them on oath. But
they shall not give their opinion on the merits of the case, ex¬
cepting they shall be thereto specially required. The parties
accused shall also be permitted to cross-examine and interrogate
the witnesses, so as to investigate fully the circumstances in
the question.
Art. 92. The proceedings of a court of inquiry must be au¬
thenticated by the signature of the recorder and the president,
and delivered to the commanding officer, and the said proceed¬
ings may be admitted as evidence by a court-martial, in cases
not capital, or extending to the dismission of an officer, provided
articles of war.
263
that the circumstances arc such that oral testimony can not be
obtained. But as courts of inquiry may be perverted to dis¬
honorable purposes, and may be considered as engines of de¬
struction to military merit, in the hands of weak and envious
commandants, they are hereby prohibited, unless directed by
the President of the Confederate States, or demanded by the
accused.
Art. 93. The judge advocate or recorder shall administer to
the members the following oath :
"You shall well and truly examine and inquire, according to
your evidence, into the matter now before you, without parti¬
ality, favor, affection, prejudice, or hope of reward. So help
you God."
After which the president shall administer to the judge advo¬
cate or recorder the following oath:
" You, A. B., do swear that you will, according to your best
abilities, accurately and impartially record the proceedings of
the court, and the evidence to be given in the case in hearing.
So help you God."
The witnesses shall take the same oath as witnesses sworn
before a court-martial.
Art. 94. When any commissioned officer shall die or be killed
in the service of the Confederate States, the major of the regi¬
ment, or the officer doing the major's duty in his absence, or, in
any post or garrison, the second officer in command, or the as¬
sistant military agent, shall immediately secure all his effects v
or equipage then in camp or quarters, and shall make an inven¬
tory thereof, and forthwith transmit the same to the office of
the Department of War, to the end that his executors or admin¬
istrators may receive the same.
Art. 95. When any non-commissioned officer or soldier shall
die or be killed in the service of the Confederate States, the then
commanding officer of the troop or company shall, in the pres¬
ence of two other commissioned officers, take an account of what
effects he died possessed of, above his arms and accoutrements,
and transmit the same to the office of the Department of War,
which said effects are to be accounted for and paid to the
representatives of such deceased non-commissioned officer or
soldier. And in case any of the officers, so authorized to take
care of the effects of such deceased non-commissioned officers and
soldiers should, before they have accounted to their represent-
APPENDIX.
atives for the same, have occasion to leave the regiment or post,
by preferment or otherwise, they shall, before they be permitted
to quit the same, deposit in the hands of the commanding offi¬
cer, or of the assistant military agent, all the effects of such de¬
ceased non-commissioned officers and soldier, in order that the
same may be secured for, and paid to, their respective represent¬
atives.
Art. 96. All officers, conductors, gunners, matrosses, drivers,
or other persons whatsoever, receiving pay or hire in the ser¬
vice of the artillery, or corps of engineers of the Confederate
States, shall be governed by the aforesaid rules and articles,
and shall be subject to be tried by courts-martial, in like man¬
ner with the officers and soldiers of the other troops in the ser¬
vice of the Confederate States.
Art. 97. The officers and soldiers of any troops, whether
militia or others, being mustered and in pay of the Confederate
States, shall, at all times and in all places, when joined, or act¬
ing in conjunction with the regular forces of the Confederate
States, be governed by these Rules and Articles of War, and
shall be subject to be tried by courts-martial, in like manner
with the officers and soldiers in the regular forces; save only
that such courts-martial shall be composed entirely of militia
officers.
Art. 98, All officers serving by commission from the author¬
ity of any particular state, shall, on all detachments, courts
martial, or other duty, wherein they may be employed in con¬
junction with the regular forces of the Confederate States, take
rank next after all officers of the like grade in said regular
forces, notwithstanding the commissions of such militia or state
officers may be older than the commissions of the officers of the
regular forces of the Confederate States.
Art. 99. All crimes not capital, and all disorders and neg¬
lects which officers and soldiers may be guilty of, to the prej¬
udice of good order and military discipline, though not men¬
tioned in the foregoing Articles of War, are to be taken cogni¬
zance of by a general or regimental court-martial, according to
the nature and degree of the offence, and be punished at
their discretion.
Art. 100. The President of the Confederate States shall
have"power to prescribe the uniform of the army.
Art. 101. The foregoing articles are to be read and publish-
articles of war.
205
ed, once in every Bix months, to every garrison, regiment,
troop, or company mustered, or to be mustered, in the service
of the Confederate States, and are to be duly observed and
obeyed by all officers and soldiers who are, or shall be, in said
service.
Sec. 2. And be it further enacted, That in time of war, all
persons not citizens of, or owing allegiance to, the Confederate
States of America, who shall be found lurking as spies in and
about the fortifications or encampments of the Armies of the
Confederate States, or any of them, shall suifer death, accord¬
ing to the law and usage of nations, by sentence of a general
court-martial.
PROVISIONS OF UNITED STATES LAWS
IX FORCE
DELATING TO THE
ORDNANCE DEPARTMENT.
April 5, From and after the passage of this act, the Ord-
1832, \ 1.
4 stat. 504 nance department shall consist of one colonel, one
lieutenant-colonel, two majors, and ten captains, and
as man}'" enlisted men as the public seiwice may re¬
quire, not exceeding two hundred and fifty.
ibid, ? 4. All officers and enlisted men authorized by this act
shall be subject to the Kules and Articles of War, and
that the officers shall receive the pay and emoluments
now allowed, or which may hereafter be allowed, to
artillery officers.
reb. 8,1815 it shall be the duty of the Colonel of the Ordnance
§ 4, 3 stat. J
uo3. department to direct the inspection and proving of all
pieces of ordnance, cannon-balls, shot, shell, small-
arms, and side-arms, and equipments procured for the
use of the Armies of the United States, and to direct
the construction of all cannons and carriages, and
every implement and apparatus for ordnance, and all
ammunition wagons, travelling forges, and artificers'
wagons, the inspection and proving of powder, and
the preparation of all kinds of ammunition and ord¬
nance stores. And it shall also be the duty of the
Colonel or senior officer of the Ordnance department
to furnish estimates, and, under the directibn of the
Secretary for the Department of War, to make con¬
tracts and purchases for procuring the necessary sup¬
plies of arms, equipments, ordnance, and ordnance
stores.
ibid, ?4. The Colonel of the Ordnance department shall or-
ORDNANCE DEPARTMENT.
267
ganize and attach to regiments, corps, or garrisons,
such number of artificers, with proper tools, carriages,
and apparatus, under such regulations and restrictions
relative to their government and number as, in his
judgment, with approbation of the Secretary for the
Department of War, may be considered necessary.
The Colonel of the Ordnance department, or senior ibid, g 5.
officer of that department, of any district, shall ex¬
ecute all orders of the Secretary for the Department
of War, and in time of war, the orders of any general
or field-officer commanding any army, garrison, or de¬
tachment, for the supply of all arms, ordnance, ammu¬
nition, carriages, forges, and apparatus for garrison,
field, or siege service.
The keepers of all magazines and arsenals shall, ibid, ge.
quarterly, or oftener if so directed, and in such man¬
ner as directed by the Colonel of the Ordnance depart¬
ment, make correct returns to the Colonel or senior
officer of the Ordnance department of all ordnance,
arms, and ordnance stores they may have in charge.
The costs of repairs of damages done to arms, ibid, g 7.
equipments, or implements in the use of the Armies
of the United States shall be deducted from the pay
of any officer or soldier in whose care or use the said
arms, equipments, or implements were when the said
damages occurred : Provided, The said damages were
occasioned by the abuse or negligence of the said offi¬
cer or soldier. And it is hereby made the duty of
every officer commanding regiments, corps, garrisons,
or detachments, to make, once every two months, or
oftener if so directed, a written report to the Colonel
of the Ordnance department, stating all damages to
arms, equipments, and implements belonging to his
command, noting those occasioned by negligence or
abuse, and naming the officer or soldier by whose
negligence or abuse the said damages were occasioned.
The Colonel of the Ordnance department shall make, ibid, § 8.
half-yearly, to the War department, or oftener if the
secretary for that department shall so direct, a cor¬
rect report of the officers, and all artificers and labor¬
ers in his department; also, of all ordnance, arms,
APPENDIX.
military stores, implements, and apparatus of every
description, and in such form as the Secretary for the
Department of War shall direct,
ibid, 19. To insure system and uniformity in the different
public armories, they are hereby placed under the
direction of the Ordnance department. And the
Colonel of the Ordnance department, under the direc¬
tion of the Secretary for the Department of War, is
hereby authorized to establish depots of arms, ammu¬
nition, and ordnance stores, in such parts of the
United States, and in such numbers, as may be deemed
necessary. -
ibid, 110. The Colonel of the Ordnance department, under the
direction of the Secretary for the Department of War,
is hereby authorized to draw up a system of regula¬
tions for the government of the Ordnance depart¬
ment, forms of returns and reports, and for the uni¬
formity of manufactures of all arms, ordnance, ord¬
nance stores, implements, and apparatus, and for the
repairing and better preservation of the same,
ibid, g 11. The pay, emoluments, and allowances for the offi¬
cers of the Ordnance department shall be the same as
the pay, emoluments, and allowances now allowed to
officers of similar grades respectively, in the artillery
of the United States. ******
April 24, The Ordnance department be continued as at pres-
1816 3 11
3 stat. 299. ent organized under the act of February 8,1815; and
that ordnance officers be assigned to their duties with
the staff of the army, in the same manner as from the
corps of engineers.
SALARIES.
An act to increase the pay of certain officers and employ- Oct. 13,1862
ees in the Executive and Legislative departments.
The Congress of the Confederate States of America
do enact, That on the salaries or compensation of all
officers and employees of the several Executive and
Legislative departments, appointed under any law of
Congress and employed in the City of Eichmond,
whose salaries or compensation shall not now exceed
one thousand dollars, there shall be added, for the pe¬
riod of one year, fifty per cent., and for the period of
one year the salaries or compensation of all such offi¬
cers and employees now receiving not less than one
thousand dollars and under fifteen hundred dollars,
shall be fixed at fifteen hundred dollars, and all now
receiving fifteen hundred dollars shall receive seven¬
teen hundred and fifty dollars.
An act to declare the meaning and extend the provisions April 29,
of an act entitled " An act to increase the pay of cer- 49.
tain officers and employees in the Executive and Legis¬
lative departmentsapproved October thirteenth, eigh¬
teen hundred and sixty-two.
The Congress of the Confederate States of America
do enact, That the act entitled " An act to increase
the pay of certain officers and employees in the Execu¬
tive and Legislative departments," approved October
thirteenth, eighteen hundred and sixty-two, be and the
same is hereby extended and declared to be in force
for the period of three months after the thirteenth day
of October, eighteen hundred and sixty-three.
Sec. 2. Be it further enacted, That it was the inten¬
tion of Congress that the said act should be construed
so that the benefits of the same shall extend and inure
to the tcmnorarv as well as nermanent officers and
270
appendix.
employees in the civil employment of the government
in the City of Richmond.
Sec. 3. Be it farther enacted, That it was not the
intention of Congress, by the passage of the above re¬
cited act, to repeal an act entitled " An act to provide
a compensation for the disbursing officers of the several
Executive departments," approved May sixteenth, A.
D. eighteen hundred and sixty-one; and it is hereby
declared that the disbursing clerks in the Departments
of State, Treasury, War, Navy, and Justice, and in the
Post-office department, and the disbursing officer of
the contingent fund of the Executive office, shall each
hereafter be allowed, in addition to his salary or com¬
pensation as cle«k, the sum of two hundred dollars per
annum for disbursing the funds of the department
which may be required to pass through his hands.
chn£>13' 1864 ~^n ac^ continue in force the provisions of an act therein
named.
The Congress of the Confederate States of America
do enact, That the provisions of an act entitled " An
act to increase the pay of certain officers and employ¬
ees of the Executive and Legislative departments,"
approved October thirteenth, eighteen hundred and
sixty-two, be and the same are hereby continued in
force until otherwise ordered by Congress.
i
chni6°'1864 act increase the compensation of certain civil officers
and employees in the President's office, and in the Ex¬
ecutive and Legislative departments, at Richmond, for
a limited period.
The Congress of the Confederate States of America
do enact, That the salaries and compensation of all
civil officers and employees in the President's office,
and in the Executive and Legislative departments, at
Richmond, whose compensation or salaries do not ex¬
ceed the sum of two thousand dollars per annum, shall
be increased from the passage of this act to the fif¬
teenth of May, eighteen hundred and sixty-four, at the
rate of one hundred per cent, per annum: Provided,
SALARIES.
271
The same shall not thereby be increased beyond tbe
rate of three thousand dollars per annum; and the
salaries of all said officers whose compensation is above
two thousand dollars, and does not exceed the sum of
three thousand dollars per annum, shall, for the same
period of time, be increased at the rate of fifty per cent,
per annum; but it is hereby expressly declared that
the increased compensation provided for in this act
shall not be paid to any officer or employee in any
executive department of the government who is liable
to perform military duty, or is able to bear arms in
the field, unless such officer or employee shall first ob¬
tain a certificate from the head of the department in
which he is engaged that his services are absolutely
necessary to the government, and that his place can
not be supplied by any one known to the head of the
department who is not subject to military duty—which
said certificate shall be filed with the Secretary of the
Treasury before the money is paid ; and it shall be the
duty of the said secretary, at the beginning of each
session, to communicate a list of all such certificates
to Congress: Provided, That no clerk who, by virtue
of a military commission, receives rations or commu¬
tation of rations, shall be entitled to the benefit of this
act.
An act to continue in force and amend the provisions of ^i.13'1864
an act approved January thirtieth, eighteen hundred
and sixty-four, increasing the compensation of certain
officers and employees in the Civil and Legislative de¬
partments, at Richmond.
The Congress of the Confederate States of America
do enact, That the provisions of an act entitled " An
act to increase the compensation of certain civil offi¬
cers and employees in the President's office, and in the
Executive and Legislative departments, at Richmond,
for a limited period," approved January thirtieth,
eighteen hundred and sixty-four, be and the same are
hereby continued in force until the first day of Janu-
ary, eighteen hundred and sixty-five, and that the
272
APPENDIX.
benefits of the said aet be, for the time aforesaid, con¬
tinued to such clerks of the Treasury department as
have recently been removed from Richmond to Charles¬
ton, South Carolina, and such other clerks as may be
there employed.
June 14, An act to increase the compensation of the heads of the
eh. 45. several Executive departments, and the Assistant Secre¬
tary of War and the Treasury, and of the Assistant
Attorney-General, and the Comptroller of the Treasury,
and other officers therein named.
The Congress of the Confederate States of America
do enact, That the compensation of the heads of the
several Executive departments of the government
shall, for one year from the passage of this act, be in¬
creased to nine thousand dollars; and of the Assistant
Secretary of War and of the Treasury, and of the As¬
sistant Attorney-General, and the Comptroller of the
Treasury, be increased to six thousand dollars; and
that the salaries of all clerks and employees in the va¬
rious departments located in the City of Richmond be
increased thirty-three and one-third per cent.; and at
all other points throughout the Confederate States
twenty-five per cent., for one year from the passage of
this act: Provided, That the clerks detailed from the
army or navy shall not be entitled to the benefits of
this act.
PRESIDENT'S INSTRUCTIONS
TO
PRIVATE ARMED VESSELS.
1. The tenor of your commission under the act of Congress
entitled " An act recognizing the existence of war between the
United States and the Confederate States, and concerning let¬
ters of marque, prizes, and prize goods," a copy of which is
hereto annexed, will be kept constantly in your view. The
high seas referred to in your commissions you will understand,
generally, to refer to low-water mark; hut with the exception
of the space within one league, or three miles from the shore
of countries at peace both with the United States and the Con¬
federate States. You may, nevertheless, execute your commis¬
sion within that distance of the shore of a nation at war with
the United States, and even on the waters within the jurisdic¬
tion of such nation, if permitted to do so.
2. You are to pay the strictest regard to the rights of neutral
powers, and the usages of civilized nations : and in all your
proceedings toward neutra], vessels you are to give them as
little molestation or interruption as will consist with the right
of ascertaining their neutral character, and of detaining and
bringing them in for regular adjudication, in the proper cases.
You are particularly to avoid even the appearance of using
force or seduction, with a" view to deprive such vessels of their
crews or of their passengers, other than persons in the military
service of the enemy.
8. Toward enemy's vessels and their crews you are to proceed
in exercising the rights of war, with all the justice and human¬
ity which characterize this government and its citizens.
4. The master, and one or more of the principal persons be¬
longing to the captured vessels, are to be sent, as soon after the
capture as may be, to the judge or judges of the proper court
in the Confederate States, to be examined upon oath touching
18
274
APPENDIX.
the interest or propertj?' of the captured vessel and her lading;
and at the same time are to be delivered to the judge or judges
all papeis, charter-parties, bills of lading, letters, and other
documents and writings found on board; the said papers to be
proved by the affidavit of the commander of the capturing
vessel, or some other person present at the capture, to be pro¬
duced as they were l'eceived, without fraud, addition, subduc-
tion, or embezzlement.
5. Property, even of the enemy, is exempt from seizure on
neutral vessels, unless it be contraband of war.
If goods contraband of war are found on any neutral vessel,
and the commander thereof shall offer to deliver them up, the
offer shall be accepted, and the vessel left at liberty to pursue
its voyage, unless the quantity of contraband goods be greater
than can be conveniently received on board your vessel, in
which case the neutral vessel may be carried into port for the
delivery of the contraband goods.
The following articles are deemed by this government con¬
traband of war, as well as all others that are so declared by
the law of nations, viz:
All arms and implements serving for the purposes of war by
land or sea, such as cannons, mortars, guns, muskets, rifles,
pistols, petards, bombs, grenades, ball, shot, shell, fuses, pikes,
swords, bayonets, javelins, lances, horse-furniture, holsters,
belts, and generally all other implements of war.
Also, timber for ship-building, jptch, tar, rosin, copper in
sheets, sails, hemp, cordage, and generally whatever may serve
directly to the equipment of vessels, un wrought iron and planks
only excepted.
Neutral vessels conveying enemies' despatches or military
persons in the service of the enemy, forfeit their neutral char¬
acter, and are liable to capture and condemnation. But this
rule does not apply to neutral vessels bearing despatches from
the public ministers or embassadors of the enemy residing in
neutral countries.
By the command of the President of the Confederate States.
ROBERT TOOMBS,
Secretary of State.
PRIVATE ARMED VESSELS.
275
FORM OF BOND.
Know all men by these presents, That we {Note 1)
are bound to the Confederate States of America in the full
sum of {Note 2) thousand dollars, to the payment where¬
of, well and truly to be made, we bind ourselves, our heirs, ex¬
ecutors, and administrators, jointly and severally, by these
presents.
The condition of this obligation is such, that, whereas ap¬
plication has been made to the said Confederate States of
America for the grant of a commission or letter of marque
and general reprisals, authorizing the {Note 3) or vessel
called the , to act as a private armed vessel in the
service of the Confederate States, on the high seas, against the
United States of America, its ships and vessels, and those of its
citizens, during the pendency of the war now existing between
the said Confederate States and the said United States.
Now, if the owners, officers, and crew, who shall be employed
on board of said vessel when commissioned, shall observe the
laws of the Confederate States, and the instructions which shall
be given them according to law for the regulation of their
conduct, and shall satisfy all damages and injuries which shall
be done or committed contrary to the tenor thereof by such
vessel during her commission, and shall deliver up said commis¬
sion when revoked by the President of the Confederate States,
then this obligation shall be void, but otherwise shall remain
in full force and effect.
Signed, sealed, and delivered in presence of on this
day of
A. B.)
V Witnesses.
C. D.)
SEAL.
SEAL.
SEAL.
SEAL.
Note i. This blank must be filled with the name of the commander for the
time being, and the owner or owners, and at least two responsible sureties not
interested in the vessel.
Note 2.—This blank must be filled with a "five," if the vessel be provided only
with one hundred and fifty men, or a less number; if with more than that number,
the blank must be filled with a " ten."
N0TE 3, This blank must be filled with the character of the vessel—" ship,'
"brig," "schooner," " steamer," etc.
PERPETUATION OF TESTIMONY.
AH ACT
Ans-^is61 To -perpetuate testimony in cases of slaves abducted or har¬
bored by the enemy, and of other property seized, wast¬
ed, or destroyed by them,.
Section 1. The Congress of the Confederate States
of America do enact, That when any slave or slaves
owned by a citizen of the Confederate States, or an in¬
habitant thereof, shall be, or may have been, abducted
or harbored by the enemy, or by any person or persons
acting under the authority, or color of authority of
the United States government, or engaged in the mili¬
tary or naval service thereof, during the existing war,
it shall be lawful for the owner or his attorney to ap¬
pear before any judge of the Confederate States, or a
commissioner of any court thereof, or any notary pub¬
lic, or in case of there being no such officer within the
county, city, or corporation where the proceedings are
instituted, before any justice of the peace or alderman
consenting to act in the premises, and adduce proof,
oral or written, of the fact of such ownership and ab¬
duction or harboring. If the owner of such slave or
slaves is laboring under the legal disability of infancy,
insanity, or coverture, the evidence tending to estab¬
lish such ownership, and abduction or harboring, may
ho adduced by the proper legal representative of the
owner. In all cases such owner, attorney, or repre¬
sentative shall make affidavit of the loss. Such affida¬
vit shall not be taken as evidence of the fact of loss,
unless it shall appear to the satisfaction of the officer
taking the same that no other and better evidence can
be obtained—which fact shall distinctly appear in the
certificate of such officer ; and it shall be the duty of
perpetuation op testimony.
277
the judicial officer taking cognizance of the case to re¬
duce to writing the oral evidence, and to retain the
written evidence in support of the alleged ownership
and loss, and, within thirty days after the hearing, to
transmit the same to the Secretary of State of the
Confederate States, to be filed and preserved among
the archives of the State department, accompanied by
a certificate from the said judicial officer, authenticat¬
ing the report so made by him. And the said judicial
officer shall also state in his certificate of authentica¬
tion whether, in his opinion, the evidence so heard and
transmitted is, or is not, entitled to credit. It shall
be the duty of the Secretary of State to receive and file
in his department the report so transmitted, and to
furnish to the owners, attorney, or representative a
duly certified copy thereof, whenever the same shall
be demanded.
Sec. 2. And be it further enacted, That whenever
any property, other than slaves, real or personal, be¬
longing to any citizen of the Confederate States, or
any inhabitant thereof, shall be seized, wasted, or de¬
stroyed by the enemy, during the existing war, or by
any person or persons acting under the authority, or
color of authority of the United States government,
or engaged in the military or naval service thereof, the
mode of taking and preserving proof thereof shall con¬
form in all respects to that prescribed in the above
section, and have like effect.
Sec. 8. And be it further enacted, That the provi¬
sions of this act shall not be construed as implying that
the Confederate States are in any way liable to make
compensation for any of the property to which it re¬
fers.
INDEX.
( The figures refer to parmjraphs.)
A.
Absence without leave 325 et seq.
Accounts—Of Indian troops 363, 364
Of acting quartermasters and commissaries of Indian troops 364, 365
For certain horses purchased by Colonel Angus W. McDonald 385
Of War department; how to be audited and filed 562
Adjutant and Inspector-General's department—
Officers of, when to assume command of troops 2
Of what officers to consist 26 et seq.
Clerical force of 29
Adjutants-general, assistant, for volunteer forces 98
Adjutants—Of regiments and legions 374
For battalions 375
Agents of states to visit troops 345
Aides-de-camp of brigadier-generals; duties of., 5
Alabama river; defence of 200, 201
Aliens—Protection of, while in military service 479, 480
Protection of, while in naval service 686
Appointments—Of officers in Regular Army ; how made 8
Of staff officers 3
Of brigadier-generals 5, 10
Of meritorious non-commissioned officers 11
Staff from civil life . 21, 22
Of cadets .......44
Of military storekeepers 45, 46, 286 et seq.
Of superintendents of armories, master-armorers 47, 48, 49
Of clerk in Surgeon-General's office to take charge of hospital supplies 43
Of officers of volunteers for the war .105
Of officers to raise volunteers for the war 107
Of twenty general officers 370
During recess of Congress 495 et seq.
Of officers of the Regular Navy See Navy.
Appraisement of military supplies See Impressments.
Appropriation—To meet contracts for six vessels of war 621, 622
For purchase of steamer "Florida" 624, 625
Armorers, master 47, 48, 49
Armories, Superintendents of 47
Arms—Of privates to be paid for 153
Purchase and manufacture of 388, 454 et seq.
INDEX.
Acquired from the United States 389
Of a patent invention 390
Of volunteers to be kept within control of the President 392
Purchase of, from soldiers, prohibited 38fi
Army corps to be organized 93, 94
Army intelligence-office 380
Articles of War—Established and amended 13, 14
Further amended 320
Artillery—Of Provisional Army 280 et eeq.
Of what each company composed of conscripts shall consist 160
Artillery corps—Of what to consist 58
Increased 59
Ordnance-sergeants for ...60, 61
Assessors to estimate tax in kind 529 et eeq., 541 et seq.
Auditor, Second; duties of, in relation to accounts of War department 562
B.
Badges of distinction 381
Bakeries 236
Battalion of volunteers; how officered 96, 97
Board of examination—To examine enrolled men 191
To examine applicants for furloughs and discharges 419 et eeq.
Bonds—Of officers of Quartermaster and Commissary departments 34, 362
Of military storekeepers of ordnance 46
Bounty—(See Privateers and Prizes)—To enlisted men in Regular Army 78
For volunteers for three years or for the war 106, 120, 126, 128
Due deceased and discharged soldiers '.....127
To recruits for three years or for the war 132
To those continued in service under Conscription law 152
To persons enlisting in marine corps 607
To seamen 613
Bread in lieu of hour 236
Brigadier-generals—Four to be appointed and assigned 5
One additional 6
Buglers and musicians 304, 305
C.
Cadets 44, 77
Camps of instruction 176
Cavalry—Quartermaster-sergeant for each regiment of 6(1
Companies composed of conscripts , 16U
Equipments may be furnished to volunteer companies -.384
Cavalry regiment, Regular Army; of what to consist 62
Cavalry regiment, additional 63
Chaplains—For army .' 248 ef eeq.
For naval vessels . 597
For naval hospitals 598
Claims of South Carolina against the Confederate States 528
Clerks to quartermasters and commissaries not to be employed if liable to
military duty 204, 172 et *e<i-
Coal-mines. 456, 457
Clothing—To enlisted men in Regular Army 79
INDEX.
281
Of volunteers 221 et seq.
Purchase of, by officers, allowed 238, 239
To militia; commutation for . 233, 234
Importation of machinery or materials for the manufacture of 227 et seq•
For sick and wounded soldiers in hospitals 410
For enlisted men of the navy 630
Purchase of, from soldiers, prohibited 386
Commissary department—Officers of, when to assume command oi1 troops 2
Of what officers to consist 38, 39
Clerical force of 40
Additional officers of, in connection with volunteers or militia 202, 203
Employees of; how to he selected 172, 204
Commissaries and assistants—Of Provisional Army .202, 203
Date of rank and pay of 205
Certain investments and purchases by, prohibited 35, 215 et seq.
Commissary, regimental; office of abolished 208
Commissary-sergeants assigned to regimental quartermasters .209
Commutation—For clothing 222 et seq., 242
For clothing to militia 233
For travelling pay, subsistence, forage, and undrawn clothing 242
In lieu of quarters to army intelligence-office 380
Companies—-To consist of how many 96, 160
With le^s than the minimum number 117, 135
Conscription—Of all white men between eighteen and thirty-five .. .143, 146 et seq.
Of all white men between thirty-five and forty-five 144
Of all white men between seventeen and fifty 166 et seq.
Persons liable to, may volunteer 161
Cooks—For army 244 et seq.
For hospitals 411, 412
Cotton—Destroyed under military necessity 506, 507, 535
Tax in kind on 529 et seq., 541 et seq.
Courts See Military Courts.
D.
Deceased soldiers; pay and allowances due 388 et seq.
Delaware ; recruits from 137 et seq.
Departments See War Department and Navy Department.
Desertion; penalty for procuring 386
Details—Required by justice and necessity 174
To accompany sick and wounded soldiers 415
Detailed soldiers 331 et seq.
For duty in Quartermaster and Commissary departments 172, 204
For clerical duty 331 et seq.
Discharges—Honorable may be granted to privates when elected or appointed
to certain civil offices 377
To sick and wounded soldiers -419, 422
Disqualified, disabled, and incompetent officers 306 et seq., 311
Drill-masters 302, 303
Drunkenness 319 et seq.
E.
Election—Of officers of volunteers for the war 100, 123, 131, 146
Of officers undej- Conscription laws 143, 144, 159
IM>KX.
Enlistments in Regular Army ' S
Enrolments See (Conscription.
Of persons subject thereto, wherever found 145
Employment of officers for 147
Engineer corps • • -50, 57
Colonel of; his duties 52, 55
May be increased 53
Engineers—Bureau of; clerical force for 57
• Provisional Army 254 et seq.
Engineer troops 258 et seq.
Ensign to each regiment of infantry tit!
Equipments for volunteer cavalry companies 38 4
Exemption—From military service 180 et seq.
From taxation 546 et seq.
F.
Flag; described and established 393
Forage 74, 81, 82, 240
Forces—In service of the several states 84 et seq.
Military and naval to be employed 88 et seq., 114, 115
For local defence and special service 193 et. seq.
Forts and arsenals 394, 395
Furloughs—To twelve months' men who volunteer or re-enlist for three years
or the war 121
Under Conscription laws 143, 144
To sick and wounded soldiers 419
G.
General—Assigned to duty at seat of government 23
For trans-Mississippi department. 371
Generals—Grade of, established; pay and allowances; aides-de-camp 7
Lieutenant, to command army corps 93
Military departments 372
Brigadier ; appointment and assignment to duty 5, 6, 10
Aides-de-camps to 5
May be assigned to duty of Adjutant and Inspector-General 6
General officers; twenty to be appointed by the President 370
Gunboats 615 et seq.
11.
Habeas corpus 396 et seq.
Horses—Allowance for use and risk of horses, and for horses killed in action... .95
Purchased by order of Colonel A. W. McDonald 385
Hospital—Stewards for Medical department 42
Supplies; clerk in office of Surgeon-General to take charge of 43
Transportation of 409
Fund 408
Accommodations allowed officers - 425 et seq.
Guards ; how to be solected 172
Hospitals—For sick and wounded soldiers 406 et seq.
Way 418
Marine 6S5
1i\di;X.
I.
Impressments—For the army 428 et seq.
For the navy 685
Of slaves for duties with the army 179
Indian troops 363 et seq.
Infantry—Regular Army 64
Of what each regiment shall consist 64
One additional sergeant to each company of. 65
Of what each company of conscripts shall consist. 160
Invalid corps 311 et. seq.
Iron ; mines and manufacture of 456, 457
Iv.
Kentucky : recruits from 137 et seq.
L.
Laundresses—For hospitals 406
Pay of 407
Lease See Heal Estate.
Letters of marque and reprisal See Prirateers and Prizes.
Local defence and special service; forces for 193 et seq., 629
Lumberton Guards 4S9
M.
Machinery—Importation of, for manufacture of shoes and clothing 227 et seq.
For manufacture of arms and munitions of war 388
Manufacture of saltpetre and small-arms, etc 454 et seq.
Maritime law 654
Marine corps—Of what to consist 601, 603
Additional officers and musicians for 609
Pay and allowances of 601, 604, 609, 632
Duties of quartermaster of .602
Officers of, resigned from the United States 583
Temporary military rank and command to officers of 605
Enlistments in, and bounty to 606 et seq.
Clerk to commandant of 610
Transfer of soldiers to 630, 631
Persons subject to enrolment may enlist in 630, 631-
Marine hospitals 685
Maryland—Recruits from 137 et seq.
Line 142
Matrons for hospitals 411
Medals for courage and good conduct 381
Medical department—Officers of, when and where to assume command of troops. .2
Of what officers to consist 41
Hospital stewards for 42
Clerk for, in charge of hospital supplies 43
Additional officers for, in connection with militia or volunteers 202, 203
Mileage 74
Military courts 346 et seq.
Military storekeepers 45, 46
Of ordnance 286, 287, 288
Militia—To be employed .88 et seq.
1NDKX.
/'Commutation for clothing to 233, 234
Virginia * • *366 et "e,l•
Mines for the production of coal, iron, etc 456, 457
Minors ; commissions may be issued to 376
Mississippi river; floating defences for 199
Missouri—Recruits from 137 et .ieq.t
Aid extended to 458
Co-operation of the President for defence of 459
Admission of 460, 462
Recognition of the government and people of 461
First election in, for representatives to Congress 463, 464
Troops ; major-general and brigadier-generals for 465, 466
■ Troops enrolled under Major-General Sterling Price; pay of 475
State Guard 476 et seq.
Treasury notes and bonds to be issued to 469 et seq.
Mobile bay; defence of 200, 201
Munitions of war 388 et seq., 454 et seq.
Musicians - 304, 305
Muster-rolls; loss of ....378
27.
Naturalization—Of aliens in military service ... 479, 480
Of aliens in naval service 686
Navy department—Established '. 565
Duties of the secretary of the 566
Clerical force of 567 et seq.
Naval officers attached to 572
Navy, Provisional 637 et seq.
Navy, Regular—Admirals of 585, 587
Captains of 573, 574, 584, 585, 587
Commanders of 573, 574, 584, 585, 587
Lieutenants of 573, 574, 584, 585, 588
Second lieutenants of ....585, 587
Surgeons of 573, 674, 585
Assistant surgeons of. 573, 574, 584, 585
Past assistant surgeons of 578, 585
Paymasters of 573, 574, 575, 585
Assistant paymasters of 575, 576, 584, 585
Chief engineers of 573, 577, 586
Engineer-in-chief of 578, 583
Engineers of 573, 585, 586
First, second, and third assistant engineers of 577
Midshipmen of 573, 574
Masters 573, 574, 585
Warrant officers of 573, 579, 588
Master's-mates of 590
Naval constructors of 573
Chief constructor of 591
Naval storekeepers of 592
Chaplains of 597, 598
Seamen of 573, 611 et seq., 631, 632
Officers resigned from the United States 580 et seq.
INDEX.
285
Reorganized 585 et seq.
Appointments in, for gallant and meritorious conduct 587
Officers of, entitled to draw rations and purchase clothing 238, 239
Officers of, entitled to draw rations, quarters, and fuel 599, 600
Relative and assimilated rank of officers of 628
Pay of additional grades created in 589
Assignment of officers of to any duty connected with defence of the country. 593
Temporary military rank and command may he conferred on officers of. 594, 595
Supplies for, may be contracted for by Secretary of Navy, without adver¬
tising for proposals ■ 620
Appropriation to meet contract for six vessels of war for 621, 622
Regulations for government of. 626
Persons subject to enrolment in army may enlist in 631
Impressment of supplies for 635
Clothing for enlisted men of 636
Volunteer 644 et seq.
Negroes—(See Slaves)—Employment of with the army 177 et seq.
Nitre and Mining bureau 481 et seq.
North Carolina—Volunteers, 1st regiment of 487
2d regiment of 489
Institute, cadets from the 488
Troops heretofore raised and received into Confederate States service ,• pay
of 490
Nurses 244 et seq.
For hospitals 411
0.
Oath—Form of military IS
To enable sick, wounded, or other soldiers to receive pay 379
Officers—Of the army; how appointed S
Examination of 1 9
Meritorious non-commissioned 11
Resigned from United States Army 17
May be assigned to staff duty 20
In military bureaus temporary rank and command maybe conferred on ... .25
Temporary rank and command when serving with volunteers 24
Of Quartermaster and Commissary departments to give bonds.. 34
Of Quartermaster and Commissary departments not to trade in certain
articles 35, 215, 20
Ma.y be appointed before their commands are organized. 110
Election of company 100, 123
Battalion of volunteers ; field and staff 96
To raise volunteer regiments from Missouri, Maryland, Kentucky, and
Delaware 137
Disqualified, disabled, and incompetent 306 et seq., 311
Retirement of 318
Appointment of twenty general officers by the President 370
May resign when elected or appointed to certain civil offices 377
Of the navy See Navy.
Ordnance department; Provisions of United States laws relating to. .See Appendix.
Ordnance-sergeants 60, 61
Ordnane6 stores, naval; lease of site for preparation and safe-keeping of 510
286
INDEX.
P.
Partisan rangers 289 et aeq.
Pay of officers and men in military service 67, 77
Pay and allowances—Of generals 7
Of acting assistant quartermasters 30
Of officers of Quartermaster, Commissary, and Medical departments, on
service in connection with militia or volunteers 202
Of acting assistant commissaries 38, 39
Of hospital stewards for medical department 42
Of clerk in Medical department in charge of hospital supplies 43
Of cadets 44, 77
Of military storekeepers 45, 46, 286 et aeq.
Of superintendents of armories and master-armorers 47, 48
Of sappers and bombardiers. 50
Of quartermaster-sergeants and ordnance-sergeants 60, 61
Of company sergeants On
Of militia and volunteers 95
Of volunteers for the war; when to commence 107
Of lieutenant-general 93
Of assistant adjutants-general for volunteers 98
Of recruits ; when to commence 132
Of cooks and nurses 244 et aeq.
Of chaplains for army 248 e< aeq.
Of chaplains for naval vessels 597
Of chaplains for naval hospitals 598
Of buglers and musicians 304, 305
Of detailed soldiers 331, 332
Due deceased soldiers 338 et aeq.
Of staff of general assigned to duty at seat of government 23
In case of loss of muster-rolls 378
Of laundresses, matrons, etc., for hospitals 406 et seq.
Of Missouri troops 475 et aeq.
Of officers of the navy F....See Nary.
Pikemen 297 et aeq.
Pilots 633
Post quartermasters for tax in kind 539, 543
President—To assume control of military operations 491
Personal staff of 492, 491
To delegate power to affix his signature to army commissions 493
To make appointments during recess of Congress .495, 496, 499
To continue certain appointments 497, 498
Principals who have furnished substitutes ....156
Prisoners of war 500 et aeq., 50S et aeq.
Privateers and prizes 655 et aeq.
Prizes—Made by volunteer navy 647 et aeq.
Made by privateers See Privnteera and Prixea.
Production of provisions 504, 505
Property destroyed under military necessity 506, 507
Promotions—In Regular Army 10
For peculiar valor or skill 157, 158, 382
Provisional Navy 637 et aeq.
INDEX.
287
Provisions See Supplies.
Provisions; production of 504, 505
Provost guards; how to he selected 172
Public moneys not to be invested in property on private account, nor loaned,
etc 215 et seq.
Punishment by whipping prohibited 329, 330
Purchase See Real Estate and Public Honeys.
Q.
Quartermaster's department—Officers of, when to assume command of troops 2
Of what officers to consist 30/33
Rank, pay, and allowances of Quartermaster-General 32
Clerical force 36, 37
Additional officers in connection with militia or volunteers 202, 203
For collection of tax in kind 539, 543
Certain purchases, investments, etc., prohibited 35, 215 et seq.
Employees of; how to be selected 172, 204
Quartermasters and assistant quartermasters; date of rank and pay 205
Quartermasters—Regimental, acting as commissaries 210
When permanently detached, etc 212
R.
Rangers, partisan 2S9 et seq.
Rations—To enlisted men 79, 80
Of tobacco 241
To commissioned officers 238, 239
Of sick and disabled soldiers; commutation value of 416
Real estate—Purchase or lease by Secretary of War 559
Purchase or lease by Chief of Ordnance 560, 561
Lease of, by Secretary of Navy 634
Recruiting 106, 129 et seq.
Stations for volunteers from Kentucky, Missouri, Maryland, and Delaware.138
Recruits from Kentucky, Missouri, Maryland, and Delaware 137 et seq.
Regulations for the army 12
For the navy 626
Requisition upon the states for troops 118, 119
Rendezvous for enrolled men 190 et seq.
Reserves 151
Retaliation 500 et seq., 508 etseq.
Retirement of officers 31S
Rules and Articles of War ,13, 14
S.
Saltpetre ; production and manufacture of 454 et seq., 481
Sappers and bombardiers 54
Sappers, miners, and pontoniers 50, 51
Seamen—Transfer of 149,150
To be continued in service 614
Employment of 573, 612
Pay of. 611, 632
Bounty to 613
Secretary of War—(See War department)—To prepare and publish regulations
for the army 12
2!*j$ INDliX.
Sequestered laud, containing mines, or beds of copper, iron, coal, or other min¬
erals ... 4f>7
Sharp-shooters 295, 290
Shoes, army; importation of materials for 227, 235
Sick and wounded soldiers in hospitals 406 ct seq.
Sick and disabled soldiers ; commutation for rations of 416
Signal corps 300, 301
Slaves—Captured from the enemy 515 et seq.
Of hostile Indians 522 et seq.
Employment of, with the army 178, 179
Impressment of 436, 437, 438
South Carolina—Appropriation for support of provisional troops at Charles¬
ton 525 et seq.
Appropriation as advance on account of claims against Confederate States.52,8
Special service; forces for (see Local Defence) 193 et seq.
Staff—General staff organized 1
Pay and allowances to be established 3
Duty with volunteer or provisional troops 20
Appointments from civil life 21, 22, 23
Of general assigned to duty at seat of government ..23
Duty; officers or privates to be paid for performing 387
State agents to visit troops 345
State troops f 84 et seq.
requisitions for, by the President 118, 119
Stores destroyed under military necessity 506, 507
Subaltern of the line; assignment to duties of adjutant 103
Subsistence to recruits for three years or the war 106, 107, 132
Subsistence department See Commissary department.
Substitutes 154
Substitute system abolished 155
Supernumerary officer to each company of certain volunteers 113
Supplies—Traffic in, by certain persons, prohibited 35, 215 et seq.
Of shoes, clothing, etc 227 et seq.
Appropriation for steamer and 235
Por hospitals ; transportation of 409
For the navy may be contracted for without advertising for proposals 620
Surgeons for examination of enrolled men 190 et seq.
And assistant surgeons, Provisional Army 202 et seq.
Date of rank and pay 205
For hospitals 207 et seq.
Duties of hospital 408 et seq.
Examination of applicants for furloughs and discharges 419 et seq.
Of Regular Navy 573, 574
T.
Tax in kind—Act April 24, 1863 529 et sCq.
Act February 17, 1864 541 et seq.
Taxation; exemptions from. 546 et seq.
Tobacco—Rations to enlisted men 241
Destroyed under military necessity 506, 507
Tax in kind 529, 531 et seq., 539, 541, 543
Transfer of troops 336, 337, 167
1NI>KX.
Transportation 242 et seq.
For volunteers for three years or the war 106, 107, 243
With furloughs to twelve months' men who re-enlist 121
For officers engaged in recruiting. 132
Of private property by persons in charge of government transportation .. .218
When it can not be furnished in kind 242
Of hospital supplies 409
Of sick and wounded soldiers 414, 422
Troops, state—Tendered, or who may volunteer 84 et seq.
Requisition for, by the President 118, 119
Indian •*. 363 et seq.
V.
Vacancies—In the Regular Army; how filled 10
In officers of volunteers for the war 105
In the ranks of companies of volunteers for the war 106
Under Conscription laws 157,158
Vegetables to be furnished to troops .... .236
Vessels—For seaboard and general defence 615 et seq.
Of war; appropriation to meet a contract for 621, 622
Inventions of new kinds of armed 623
Virginia militia 366 et seq
Volunteer Navy 644 et seq.
Volunteers—State troops who may Volunteer 84 et seq.
One hundred thousand for twelve months 88 et seq.
For the war 99 et seq.
For such time as the President may prescribe Ill et seq.
Four hundred thousand for not less than twelve months nor more than
three years 114 et seq.
From Kentucky, Missouri, Maryland, and Delaware 137 et seq.
For local defence and special service 193 et seq.
W.
War; act recognizing the existence of 655
War department—Department established 550
Duties of Secretary of War 551
When an army officer is appointed Secretary of War 553
Assistant Secretary of War 554
Clerical force of War department 552, 555 et seq.
Chief of Bureau of War 555
Advance on contracts may be made by Secretary of War 558
Purchase or lease of real estate by Secretary of War 559 et seq.
Purchase or lease of real estate by Chief of Ordnance 560, 561
Accounts of War department; duties of Second Auditor in relation thereto.562
Bureaus or agencies west of the Mississippi 563, 564
Ward-masters for hospitals 411
Way-hospitals 418
Whipping; punishment by, prohibited 329,330
Winans' gun; authority to construct 391
Z.
Zouaves 83
19
SUPPLEMENT
CONTAINING THE
MILITARY AND NAVAL LAWS
OP THE
FIRST SESSION, SECOND CONGRESS,
ENDING JUNE 14, 1864.
MILITARY LAWS.
I. General officers.
II. General staff.
III. Quartermaster, Commissary, and Medical departments.
IV. Pay.
V. Rations.
VI. Transportation.
VII. Details.
VIII. Conscription.
IX. Exemptions.
X. Artillery.
XI. Cavalry.
XII. Ensign.
XIII. Chaplains.
XIV. Military storekeepers.
XV. Supernumerary officers.
XVI. Nitre and Mining bureau.
XVII. Military courts.
XVIII. State agents.
XIX. Claims.
XX. Habeas corpus.
XXI. Hospitals.
XXII. Taxes.
XXIII. Scouts for Mississippi valley.
XXIV. Virginia.
XXV. War department.
XXVI. War.
I.—GENERAL OFFICERS.
687. Appointment of temporary general officers.
688. How long to bold their rank and command.
687. That the President be and he is hereby author- May3i,i864
J il, ch. 8.
ized, by and with the advice and consent of the Sen- Appomt-
ment of tem-
ate, to appoint temporary officers of the rank of porarygen-
i . ,. , , eral officers.
brigadier-general, major-general, lieutenant-general,
or general, for the Provisional army, and assign them
to any appropriate command.
688. That the said officers, so appointed, shall only ibid, p. ^
hold their said rank and their said command for such ho°d their °
. . , rank and
time as the temporary exigency may require, at the command,
expiration of which time they shall resume their pre¬
vious permanent rank and command.
294
SUPPLEMENT.
II.—GENERAL STAFF.
689. To be constituted a corps.
690. Assignment to duties.
691. Staff officers allowed a general commanding in the field.
692. Allowed a lieutenant-general commanding a corps.
693. Allowed a major-general commanding a division.
694. Allowed a brigadier-general commanding.
696. Number of staff officers may be increased or reduced.
696. Appointments ; how to be made.
June 14,
1864.I 1,
ch. 58.
General
staff to be
constituted
a corps.
Promotions.
Ibid, I 2.
Assignment
to duties.
Ibid. I 3.
Staff officers
allowed a
general com¬
manding an
army in the
field.
089. That hereafter the general staff of the army
shall constitute a corps, and staff officers shall no
longer, except by assignment, be attached to any par¬
ticular military organization, or be held to duty at
any post. That promotions in said corps shall be by
selection, based upon capacity, merit, and services,
and no one shall be appointed in said corps unless he
has been two j^ears, at least, in the military service
during this war, or is over forty-live years of age, or
is unfit for military service in the field.
690. That the President is hereby authorized to as¬
sign all officers of the staff to such appropriate duties
as he may think proper, except that he shall not as¬
sign them to commands in the line, unless in cases of
emergency, and then only for a short time; and no
officer shall be allowed to hold, at the same time, a
commission or appointment in the staff and in the
line.
691. That the President is hereby authorized, upon
the application of any general commanding an army
in the field, to appoint, by and with the advice and
consent of the Senate, 0£ assign for duty with such
general, whilst so commanding, a general officer, who
shall be charged, under the direction of the general,
with the administration of his army ; there shall also
be allowed to a general, so commanding, two assistant
adjutants-general, one chief quartermasterv one chief
of ordnance, and one chief commissary, each with the
rank, pay, and allowances of a colonel of cavalry; a
surgeon, as medical director, with the pay and allow¬
ances of a colonel of cavalry; one aide-de-camp, with
the rank, pay, and allowances of a colonel of cavalry;
SUPPLEMENT.
295
and one aide-de-camp, with the rank, pay, and allow¬
ances of a lieutenant-colonel of cavalry [71].
692. That to a lieutenant-general commanding a ibid, f 4.
corps d'armee shall be allowed, to be appointed by the allowed a
President, with the advice and consent of the Senate, general com-
two assistant adjutants-general, with the rank, pay, corps
and allowances each of a colonel of cavalry; a chief of aimee'
ordnance, a chief quartermaster, and a chief commis¬
sary, each with the rank, pay, and allowances of a
lieutenant-colonel of cavalry; he shall also be allowed
one surgeon, as medical director, to be appointed by
the President, with the advice and consent of the
Senate, with the pay and allowances of a lieutenant-
colonel of cavalry; and, to be appointed as above, one
aide-camp, with the rank, pay, and allowances of a
lieutenant-colonel of cavalry, and one aide-de-camp,
with the rank, pay, and allowances of a major of
cavalry [71].
693. That to a maior-general commanding a division ibid, g 5.
, ,, , , , , -T-. ., Staff officers
shall be allowed, to be appointed by the President, allowed a
with the advice and consent of the Senate, two assist- erai°com-n
ant adjutants-general, with the rank, pay, and allow- Swsionf a
ances each of a lieutenant-colonel of cavalry; one
chief of ordnance, one chief quartermaster, and a chief
commissary, each with the rank, pay, and allowances
of a major of cavalry; also a surgeon, with the pay
and allowances of a major of cavalry; one aide-de¬
camp, with the rank, pay, and allowances of a major
of cavalry: and one aide-de-camp, with the rank, pay,
and allowances of a captain of cavalrj7" [71].
694. That to a brigadier-general commanding a ibid,g6.
„ , . . , , . , Staff officers
brigade shall be allowed, to be appointed as herein be- allowed a
n • i- it brigadier-
iore directed, two assistant adjutants-general and one general
, . , , . . commanding
assistant inspector-general, with the rank, pay, and a brigade,
allowances each of a major of cavalry; one surgeon,
with the pay and allowances of a major of cavalry;
one ordnance officer, with the rank, pay, and allow¬
ances of a captain of cavalry; one aide-de-camp, with
the rank, pay, and allowances of a captain of cavalry;
and one aide-de-camp, with the rank, pay, and allow¬
ances of a first lieutenant of cavalry [71].
SITTLEMENT.
ibid,?7. 695. That the President is hereby authorized to re-
Number nf «
staff officers duee the number of officers allowed by this act to the
may be in- "
creased or staff of any general officer, or to increase the same
reduced.
when, in his opinion, the service will be benefited
thereby.
ibid,18. 696. That all appointments under this act shall be
Appoint- 1 1
ments; how niadc from those already in service.
to be made. ^
III.—QUARTERMASTER, COMMISSARY,
AND MEDICAL DEPARTMENTS.
097. Additional quartermasters and commissaries for the Provisions 1
army. For railroad and field transportation, and for army sup¬
plies. Purchasing agents or transportation agents. Appoint¬
ments: how to be made.
698. Regimental or battalion quartermasters. Assignment of quar¬
termasters and commissaries.
699. When quartermasters and commissaries may he dropped from the
rolls.
700. Appointment of quartermasters to execute the duties in reference
to the tax in kind.
701. Commissaries for regiments of cavalry.
702. Contracts for the manufacture of alcoholic liquors.
703. Establishment of manufactories or distilleries.
704. Quantity to be manufactured. None to be disposed of except in
fulfilment of contract.
1864°11 President is hereby authorized, by and
ch. 62. with the advice and consent of the Senate, to appoint,
Appoint- A A
montofaddi- for the Provisional army, additional quartermasters
tional quar- ^ x
termasters and commissaries, with the rank of colonel, lieutenant
and commis-
series for the colonel, and major: Provided, That such additional
Provisional , .
army. quartermasters and commmissaries, with the rank of
colonel, shall not exceed the number of military de¬
partments and separate armies existing at the time of
their appointment j and that the additional quarter¬
masters and commissaries, with the rank of lieutenant-
colonel, shall not exceed the number of army corps
existingat the time of their appointment; and thatthe
additional quartermasters and commissaries, with the
rank of major, shall not exceed the number of divis¬
ions of the army existing at the time of the appoint-
Fo!i Iai,1Joad ruent; and for the collection, control, and distribution
and field * ' '
tion8andfor °I railroad and field transportation and army supplies,
pile8V8up President maJT appoint such additional quarter¬
masters and assistant .quartermasters and commissa-
SUPPLEMENT.
29?
ries as may be necessary for the efficient execution of
the duties of the Quartermaster's and Commissary's
departments; and such purchasing agents or trans- Purchasing
portation agents may be employed as the service may tfausporta-
require, who shall not have military rank, and whose t,onaKents-
compensation shall not exceed the pay of a captain of
infantry [70], and who may be required to give bond
for the faithful performance of those duties; but
nothing herein contained shall be construed to pro¬
hibit the assignment of quartermasters and commis¬
saries, or assistant quartermasters or commissaries, to
any of the foregoing duties, or to the duty of paying
troops : Provided, That all said appointments shall be Appomt-
, n r> ments: h°w
made from persons who are over forty-five years of to be made,
ago, or who are incapacitated, physically, for service in
the field, or who have been in the sendee over twelve
months, or have been heretofore discharging any of
the aforesaid duties : Provided, further, That addition¬
al assistant quartermasters and commissaries shall not
be appointed, if there are officers already in service
who can be assigned to such duties without detriment
to the service.
698. That it shall be no longer incumbent on the ibid,?2.
President to appoint or to keep in service an assistant orTaua"ion
quartermaster, with the rank of captain, for each regi- ^,r^terma8*
ment or battalion in the field, but he may assign the
quartermaster of any army corps, division, brigade,
regiment, or battalion, or the commissary of any army,
army corps, division or brigade, to duty as quarter¬
master or commissary elsewhere, and to assign quar- Assignment
termasters, assistant quartermasters, and commissaries master^and
and assistant commissaries appointed to posts or ri^.mi8Ba~
depots, or for other duties, to serve with armies, army
corps, divisions, or brigades in the field, whenever, in
his opinion, the public interest will be promoted
thereby.
699. That in case the services of any regimental iwd,?s.
When quar-
quartermaster, or any other quartermaster or assist- termastera
. . or commis-
ant quartermaster, or commissary or assistant com- saries may
missary, appointed under this act, can, in the opinion fromtheed
of the President, be dispensed with, and such officer
298
SUPPLEMENT.
can not be otherwise appropriately employed to the
public interest, his name shall be dropped from the
rolls, and he shall cease to be an officer of the Provi¬
sional army.
ibid, 14. 700. That the President be and he is hereby
Appoint- J
meutof authorized to appoint one quartermaster, with the
quartermas- _ L x -1
torstoexe- rank of major, for each state, and one assistant quar-
cute the du- .
ties in refer- tcrmaster, with the rank of captain, for each con-
ence to tax .......
in kind. gressional district in the several states, to execute the
duties of the act in reference to the tax in kind :
Provided, That the appointments to be made in pur¬
suance of this section shall be made with the same
restrictions and limitations as are set forth in the first
proviso to the first section of this act.
Mach2351864 -^ia^ from and after the passage of this act
Commissa- there shall be allowed to each regiment of cavalrv in
rics for regi- ° _ ^
nientsofcav- the Army of the Confederate States one commissary,
with the same rank, pay, and allowances as are now
allowed by law to the quartermaster of such regi¬
ment [202] [72],
J«nei4,i864 702. That it shall be lawful for the Surgeon-General
2, ch. 41. °
Contracts for or the Commissary-Gen eral to make all necessary
the manu- J . . ,
facture ofai- contracts for the manufacture and distillation of
quors. whiskey, brandy, and other alcoholic and spirituous
liquors for the supply of the army and hospitals, upon
such terms as may be conducive to the public interest;
and that the said contracts, and any heretofore made,
shall operate as a license to the contractor to manu¬
facture the same for the purpose aforesaid,
ibid, i 2. 703. That the Surgeon-General and the Commissary-
mentofman- General shall be authorized to establish manufactories
distilleries, or distilleries for the purpose of obtaining the supplies
aforesaid, and to employ laborers in the same, instead
of resorting to contracts, if they shall deem it more
prudent to do so.
ibid. 704. That no contractor or party shall, under the
Quantity to , , , . ,.
be manufact-- license granted by this act, distil or make more alco¬
hol, whiskey, brandy, or other alcoholic or spirituous
liquors than he shall deliver to the government or its
None to be agents, in fulfilment of his contract or contracts ; nor
disponed of
except in fui- shall it be lawful for any such contractor to sell, or in
SUPPLEMENT.
299
any way dispose of, otherwise than as said contract or fiimentof
contract
contracts may require, any alcohol, whiskey, brandy,
or other alcoholic or spirituous liquors manufactured
by him under the license aforesaid; nor shall this
act operate as a license to any contractor for any
violation of the prohibitions herein contained, when
such violation shall be a crime or misdemeanor under
the laws of the state in which the same may occur.
IV.—PAY.
705. Increase of pay of soldiers.
706. Pay of general officers. Duration of the act.
705. That from and after the passage of this act the June 9^1864.
pay of the non-commissioned officers, privates, and increase of
musicians of the Army of the Confederate States be, coinmuskm-
and the same is hereby, increased seven dollars per privates and
month for the period of one year from the passage of music,an8,
this act [75, 745].
706. That the pay of a general shall be five hun- Juneio.isei
ch 37
dred dollars per month; that of a lieutenant-general Of general
four hundred and fifty dollars per month, and that of
a major-general three hundred and fifty [dollars] per
month; that a general commanding an army in the
field shall receive, in addition to the said sum of five
hundred dollars per month, one hundred dollars; and
a lieutenant-general, a major-general, and a brigadier-
general shall, whilst serving in the field, each receive
fifty dollars per month, in addition to the sum herein
allowed, whilst so serving; and all laws allowing ad¬
ditional compensation for commanding a separate
army in the field be, and they are hereby, repealed,
except as herein provided; and that this act shall be Act to con¬
tinue for one
in force tor one year, and no longer. year.
800
,SUPPLEMENT.
June 7, 1864.
{II, ch. 23.
To commis¬
sioned offi¬
cers of the
army and
navy.
Ibid, I 2.
Same as
issued to pri¬
vates.
Ibid, J 3.
Commuta¬
tion not al¬
lowed. Ra¬
tions mnst
be for own
use.
Ibid, I 4.
Duration of
the act.
v.— RATIONS.*
707. To commissioned officers of the army and navy.
708. Same as issued to privates.
709. Commutation not allowed. Rations must bo for own use.
710. Duration of the act.
707. That all commissioned officers in tho army
and navy shall be entitled to one ration; and all com¬
missioned officers in the field and afloat, in addition
thereto, shall be allowed to purchase from any com¬
missary, or other officer required to issue subsist¬
ence to soldiers, marines, or seamen, at the prime cost
thereof, including transportation, as follows: One
ration each for officers of and below the rank of colo¬
nel ; two rations each for officers of the rank ot
brigadier-general, major-general, and lieutenant-gen¬
eral ; and three rations each for a general; one ration
each for commissioned officers of the navy of and
below the rank of commander, and two rations each
for officers above that rank.
708. That an officer shall not draw or purchase, at
any time, more of the component part of a ration
than is issued to the private soldier at the same time.
709. That nothing contained in this act, or the act
to which this is an amendment [238 et seq.\ shall be
construed as allowing commutation for rations, or as
authorizing an officer to receive or purchase rations,
except when he requires them for his own use.
710. That this act shall continue in force only during
the war.
VI.—TRANSPORTATION.
711. Allowed o(licers of army and navy whilo travelling under orders
712. To members of Congress.
713. To sick and wounded officers. Hospital accommodations.
June 4,1864. 711. That officers of the army and navy, while
AiiowedUiffl- travelling under orders of the War or Navy depart¬
ed navymy ments, shall be allowed transportation in kind for
* For hospital rations, free of charge, to sick and wounded officers, see 71S.
For commutation value of rations of sick and wounded, see 743
SUPPLKMKNT.
themselves and thou* personal baggage, and ten dollars whiletravei-
i /> , & .P ling under
per day ior expenses while necessarily travelling m the orders,
execution of their orders.
712. That whenever the usually travelled routes June 8, ism.
«h. 20.
between the homes of members of Congress and the To members
capital are interfered with by the enemy, it shall be °f Congres8'
the duty of military commandors to facilitate the pas¬
sage of members and delegates going to or returning
from Congress, by furnishing transportation in kind
for any distances over which they may state in writ¬
ing they can not provide themselves with transporta¬
tion | and such written application, endorsed k< fur¬
nished," by the party receiving the transportation,
shall be accepted as a sufficient voucher for the
expenditure of the officer in furnishing the same.
718. That sick and wounded officers on leave, upon Juneio.iSM
Res. 12.
certificates of a board of surgeons, be allowed trans- sick and
,•1 11, i • wounded of-
portation to their homes and back to their commands, fleers allow-
ed transpor-
as in the case of enlisted men on furlough [248]; the tation;&uo,
indulgence hereby accorded to continue in force for commoda-
ninety days after the next meeting of Congress.
Resolved, further, That all sick and wounded officers
in the naval and military service shall be entitled to
enter any hospital and receive such treatment and
rations as now provided by law, free of charge.
vii.—details.
714. Pay and allowances of detailed soldiers, seamen, and others.
715. Additional compensation.
716. Compensation of those detailed to government contractors.
714. That all persons detailed from the army, or Junes,ism.
after enrolment for military service, or from the navy ply'and ai7-'
or marine corps, for special duty or extra duty, shall detailed Voi¬
le allowed to receive their regular pay, rations, and men, and
allowances, as if they were performing service in the other8-
field.
715. That all such detached or detailed men shall be iwa ? 2.
.... ,. ... Additional
allowed, in addition, not exceeding two dollars per compensa-
day, and compensation for all extra work, or for any
SITPPWMENT
uncommon skill or industiy displayed in the perform¬
ance of duties to which they may be assigned, in
proportion to the value of such extra labor or uncom¬
mon skill or industiy, whether it be in performing an
unusual amount of work within the usual hours of
labor, or work performed beyond the usual hours,
or extraordinary skill and superior workmanship, dis¬
played in the execution of such duties—the value of
said extra labor or uncommon skill or industry to be
determined by the officer or superintendent under
whose immediate direction said detached or detailed
service may be performed, subject to the approval of
the Secretary of War or Navy. The additional com¬
pensation provided in this section shall be the same
for both the War and Navy departments, under
certain rules to be prescribed by the President,
ibid, 13. 715. That all non-commissioned officers, musicians,
Compensa- 7 7
detaiied'to'6 Priva^e8j sailors, or marines detailed to government
government contractors, shall be so detailed without pay and
contractors. x ^
allowances, but shall be compensated for their ser¬
vices by wages received from said contractors, under
rules to be prescribed bv the Secretary of War or of
the Navy.
VIII.—CONSCRIPTION.
717. Persons between 17 and 18, and 45 and 50, prevented from en-
, rolling themselves by the presence of the enemy.
juneio,i864 717 That the act entitled "An act to organize
ch. 3o» 0
white males forces to serve during the war," approved seventeenth
l)6tW66n I*
and is, and February, eighteen hundred and sixty-four fl66 et
45 and 50, -"to
prevented seq.~\ be, and the same is hereby, so amended as to
from enroll- J '
ingbythe allow all white male residents, between the ages of
presence of
the enemy- seventeen and eighteen and lorty-nve and fifty years,
who were prevented from enrolling themselves within
the time prescribed by the said act, by the occupation
of their localities or country by the public enemy,
and whose homes are, and have been since the passage
of said act, beyond the lines of the Confederate armies,
to organize themselves in pursuance of the sixth sec-
ItJFPI.EMENT.
303
tion of said act [170], after their homes or localities
are brought within the lines of the Confederate armies;
and this privilege shall continue for the space of thirty
days after the reoccupation is announced by an order
issued by the general commanding the department,
and published in the military department in which
such reoccupation may occur.
IX.—EXEMPTIONS.
718. From military service of members of certain Christian denomina¬
tions.
719. When exemptions may be revoked.
718. That the Secretary of War shall be authorized June7, 1864.
, , „ , . § 1. ch. 24.
to grant exemptions to the members of the various Erommiiita-
denominations of Christians mentioned in the Exemp- members^f
tion act of the eleventh of October, eighteen hundred christian de-
and sixty-two [181], who at that time belonged to n0minatl0Ils-
the same, and who were in regular association there¬
with, upon the terms and conditions ^specified in that
act, or upon such other terms and conditions as he is
authorized to allow exemptions or grant details under
any of the clauses of the act approved February seven¬
teenth, eighteen hundred and sixty-four, to which this
is an amendment [189].
719. That the Secretary of War be and he is hereby ibid, § 2.
... .' , . . When ex -
authonzed to revoke any such exemptions under the emptions
act aforesaid, when the same have been obtained by vnked.6 'e
any fraud, misrepresentation, or error.
X.—ARTILLERY.
720. Additional officers for ordnance duties.
720. That the President, by and with the advice Juneio,i864
and consent of the Senate, may appoint fifty officers Additional
of artillery in the Provisional army for the perform- tnieryfor
ance of ordnance duties, in addition to those author- duties,
ized by the act entitled "An act to authorize the
SI'PPI.KMKNT.
appointment of officers of artillery in the Provisional
army," approved April twenty-first, eighteen hundred
and sixty-two [284], and " An act to authorize the
appointment of additional officers of artillery for
ordnance duties," approved September sixteenth,
eighteen hundred and sixty-two [285], and that the
rank of said officers shall be as provided in said last
named act.
XI.—CAVALRY.*
721. When non-commissioned officers or soldiers may be dismounted
and placed in the infantry.
722. Horses ; how to be disposed of.
Jaiech1*>24' * Thatthe commanding general ofany army in the
when non- fie](j shall have the power to direct the dismounting
commission- A °
ed officers or cf any non-commissioned officer or officers, soldier or
soldiers mny ^ #
be dismount- soldiers, in the cavalry service in his command,
ed and plac-
ed in the in- and to place him or them in the infantry, who shall
misbehave before the enemy, or shall be guilty of ille¬
gally wasting, spoliating, or appropriating to his own
use any private property, or of doing any violence to
any citizen.
ibid, §2. 722. That the horses belonging to persons so dis-
Horses; liow ° ° A ♦
to be die- mounted, and which they may have had in the ser-
posed of. ^
vice, may be taken for the use of the army, and the
appraised value thereof shall be paid to the owner.
XII.—ENSIGN.
723. For each battalion of infantry.
724. To apply only to Provisional ariny.
May 3i, 1864. 723. That the above recited aot be, and the same ia
gl,ch. 10. '
lor each bat- hereby, amended so as to allow the appointment of an
talion of in- _ . „
fantry. ensign to each battalion of infantry [66].
ibid,? 2. 724. That the said act, and this amendment thereto,
only to Pro- shall he understood and construed to apply only to the
army. Provisional army of the Confederate States.
•For commissary to each regiment of cavalry, see 701.
SUPPLEMENT.
XIII.—CHAPLAINS.
725. To battalions and hospitals.
725 That the President be and he is hereby May3i,i864
authorized, by and with the advice and consent of the ToWtftiioBs
Senate, to appoint, when in his judgment it may be tais.h°8pi"
proper to do so, chaplains to battalions and to general
hospitals, who shall receive the same pay and allow¬
ances now authorized by law to chaplains appointed
to regiments and posts [252].
XIV.—MILITARY STOREKEEPERS.
726. Ten additional military storekeepers of ordnance.
727. Bonds. Who may be appointed.
726. That the President be authorized to appoint ten June4, ism.
military storekeepers of ordnance in the Provisional Ten addi-'" <
Army of the Confederate States, in addition to those rystorekeep-
anthorized by act of May first, eighteen hundred and nance may"
sixty-three, entitled "An act to provide for the ap- beapi1°,r,to't
pointment of military storekeepers in the Provisional
Army of the Confederate States" [286], five with the
pay and allowances of a captain of infantry, and five
with the pay and allowances of a first lieutenant of
infantry.
727. That military storekeepers of the first class, so pre¬
appointed, shall be required to give the usual bonds in Who may be
the sum of twenty thousand dollars, and those of the
second class in the sum often thousand dollars. This
act shall be in force from and after its passage: Pro¬
vided, That no one shall be appointed under its pro¬
visions except persons who were performing the duties
of acting military storekeepers prior to January first,
eighteen hundred and sixty-four, or have become in¬
capacitated by wounds or sickness for active service.
20
appointed.
SUPPLEMENT.
XV.—SUPERNUMERARY OFFICERS.
,7 line 14.1864
g 1, ch. 51.
Organiza¬
tion of su¬
pernumera¬
ry officers.
Ibid, g 2.
Privilege of
joining oth¬
er compa¬
nies.
Ibid. I 3.
Offices left
vacant by
the resigna¬
tion of su¬
pernumera¬
ries.
Low est
grade of
commission¬
ed officers,
senior 2d
lieutenant,
and 1st lien-
tenant.
728. Organizations of.
729. Privilege of joining other companies.
730. Offices left vacant by the resignation of supernumeraries. Low¬
est grade of commissioned officers, senior second lieutenant,
and first lieutenant.
728. Tbat the President is hereby authorized to
grant authority for the organization of companies,
battalions, or regiments, to be composed of supernu¬
merary officers of the Provisional army.
729. That it shall be lawful for any supernumerary
officer to join said organizations, or any other compa¬
ny in the Confederate service, which does not exceed
the maximum prescribed by law, upon tender to the
proper authorities of his resignation for that purpose.
730. That the offices left vacant by such resigna¬
tions shall not be filled, and that hereafter the lowest
grade of commissioned officer shall not be filled unless
there are upon the rolls of the company for service
at least forty-six non-commissioned officers and pri¬
vates ; nor shall the position of senior second lieuten¬
ant be filled, in case of a vacancy therein, unless there
are upon the rolls of the company for service at least
thirty non-commissioncd officers and privates; nor
shall the position of first lieutenant be filled, unless in
case of a vacancy thei*e are at least twenty non-com¬
missioned officers and privates on the rolls of the
company for service—which fact shall in each case be
certified to by the captain of the company, and ap¬
proved by the colonel of the regiment, before such
promotion can be made.
XVI.—NITRE AND MINING BUREAU.
731. Officers ; their pay and allowances.
732. Appointment of chemists ; their pay.
733. Duration of the act.
731. That the act [183] approved April twenty-
Officers; second, eighteen hundred and sixty-three, constituting
tlieir pay > fcs J .*->
and allow- the Nitre and Mining bureau an independent bureau
ances. 0 x-
of the War department, be amended as follows: That
SUPPLEMENT.
307
the Nitre and Mining bureau shall consist of one colo¬
nel as chief of bureau, two lieutenant-colonels, six ma¬
jors, twelve captains, who shall have the same pay
and allowances prescribed for officers of cavalry of the
same grade [71].
732. That chemists and professional assistants, ab- iwd,g2.
: Appoint -
solutely essential for the operations of the bureau, not
to exceed six of each class, shall be appointed by the their pay.'
Secretary of War, with pay in no case to be above
that of lieutenant-colonel of the commissioned corps.
733. That this act shall continue in force only dur- ibid. §3.
Duration of
ing the present war. the act.
XVII.—MILITARY COURTS.
73-1. When commanders of subordinate organizations may take action
upon charges and specifications.
735. Acquittals and release.
736. Military courts in North Alabama.
737. Clerks and marshals; persons to fill said offices to be detailed.
731. That the above entitled act [316] be so amend- June 14, ism
ed that in all instances in which the particular division, AVhencom-
... i • i • • rnanders of
corps, district, or other subordinate organization, to subordinate
... ... . . . ' . oreaniza-
which a military court is or may be hereafter appoint- tionsmay
ed or assigned, the commander of the army or depart- in relation
ment may, by order, when in his discretion it shall be
proper and safe to do so, direct and empower the com¬
mander of thesubordinate division, corps, district, etc.,
to pass upon and refer for trial all charges and speci¬
fications to come before said court, review and confirm
or disapprove the records thereof, transmit the same
direct to the War department, remit or suspend sen¬
tences (where lawful), and take all action and exercise
all jurisdiction in that behalf which pertains under
existing laws to the commander of the army or de¬
partment.
735. That from and after the passage of this act, Acquittals
when any person shall have been tried by any milita- andrelease-
ry court or court-martial, and acquitted of the charge
or charges preferred, the finding of the court shall be
announced immediately, and the person so tried and
SUPPLEMENT.
acquitted, if a soldier, shall be released from arrest
and returned to duty; and if other than a soldier, dis¬
charged from custody without awaiting the examina¬
tion or report of the reviewing officer of such court.
^ 736. That the proviso to said act [353], and also so
Military much thereof as requires that the iudge of the military
court in j. a o
bama Ala" Court North Alabama shall give ten days' notice of
the times and places of holding said courts before the
same are held, be, and the same are hereby, repealed.
jM"h1457864 80 much °f the said act [347] as empow-
cierksand ers the said military courts to appoint their clerks and
marshals: _
secretary of marshals, and provides for the payment of the sala-
Wartode- ' r r J
tail persons ries of the said officers, is hereby repealed: and here¬
to All Said .in! n l ra n x-it
offices. after it shall be the duty of the Secretary of War to
detail and assign persons to fill said offices from
military officers and non-commissioned officers and
privates unable to perform duty in the field, and the
compensation of such persons shall only be the pay to
which they may be respectively entitled by virtue of
their military commissions.
XVIII.—STATE AGENTS.
738. To communicate with troops ; may purchase forage.
May3i. 1864 738. That the above named act [345] be, and the
ch. 9. . , \x \
state officers same is hereby, amended so as to allow to the state
comimini- ° officer therein named the right to purchase forage for
trooif^ai- one horse, in addition to the. right granted thereby to
purchase purchase one ration—said purchases to be made upon
forage. same terms and conditions, and under the same
circumstances, under which officers of the Provisional
army may be allowed to purchase rations or forage.
SUPPLEMENT.
XIX.—CLAIMS.
739. For forage, provisions, etc., furnished or informally impressed.
Claims originating west of the Mississippi river. Compensa¬
tion to agents. Quartermasters, or disabled officers, may be
assigned. Non-commissioned officers and privates.
740. Limitation of act. Presentation of claims.
739. That it shall be the duty of the Secretary of
War to appointed assign, in each congressional dis- For forage,
x x w r* provisions,
trict, and for each territory, an agent, not liable to etc.,fumish-
J ' ed by the
military duty in the field, who shall, at stated times, owner,or
, . , , ,. informally
in each county or parish, under the direction of the impressed,
post quartermaster nearest to him, receive and take
proof, under oath, in relation to all claims in said dis¬
trict for forage, provisions, cattle, sheep, bogs, horses,
mules, teams, and wagons heretofore furnished to the
army by the owner, or heretofore taken or informally
impressed for the use of the army and not yet paid
for, by any officer in the military service, or by his
order or direction, express or implied, from the use of
the property, whether said officer be a line or staff
officer, and whether he be a bonded officer or other¬
wise, and report the facts and transmit the evidence
in each case to the proper accounting officei'S of the
Treasury, together with his opinion as to the justice
and validity of the claim; and the said accounting
officers are hereby authorized to audit, and, control,
and order payment of such claims as appear to them
to be equitable and just: Provided, That all such claimsorigi-
claims originating west of the Mississippi river shall ™the mis-1
be reported to the accounting officers of the Treasury 8188ippiriver
department established for the trans-Mississippi de¬
partment, who are hereby authorized to audit, control,
and direct payment of the same, in the same manner
as the accounting officers of the Treasury east of the
Mississippi river. And the said agent is hereby au¬
thorized, in taking testimony in regard to said claims,
to administer oaths to witnesses, and, if he think prop¬
er, to the claimants themselves. The compensation Compensa¬
tion to
allowed to said agent shall be ten dollars per day agents.
whil<# actually engaged in the performance of the
duties imposed on him by this act, and thirty cents
810
SUPPLEMENT.
per mile for eveiy mile actually travelled by him, to
be paid under regulations to be prescribed by the Sec-
^rs'or'fiisT-" retary of War : Provided, That the Secretary of War
bied officers may assign to the duty herein mentioned any quar-
may be as- " ° ^
signed. termaster or disabled officer of the army; and, in that
event, said officer or quartermaster shall, in addition
to the compensation now allowed him by law, be enti¬
tled to mileage at the rate of forty ^cents per mile :
Non-commis- Provided, further, That the Secretary of War may ap-
stoned offi- " •/ •/ j.
cers and pri- point and assign any nou-commissioned officer or
vates. 1 a J
private to perform the duties under this act who may
be unfit for active service in the field because of
wounds received or disease contracted in said service,
and the pay and allowances of such non-commissioned
officer or private, when so appointed and assigned,
shall be the same as are allowed to persons so appoint¬
ed who may not be liable to military service,
ibid. §2. 740. This act shall cease and determine on the first
Limitation
of act. day of January, eighteen hundred and sixty-five, east
of the Mississippi river, and on the first day of May,
eighteen hundred and sixty-five, west of the Missis-
Presentation sippi river; and all claims of the description aforesaid,
of claims. 1 r ' „ ; f . . ,
not presented to the agent aforesaid prior to said
dates, at the respective places mentioned, shall not be
entitled to the benefits of this act.
XX.—HABEAS CORPUS.
[See 390 et seq.~]
741. Compensation of commissioners and their assistants.
742. Powers of the commissioners.
J-9,1864. 741, That the commissioners appointed under the
compensa- said act [4031 shall be entitled to receive the com-
tion of com-
missioners pensation of two hundred and fifty dollars each per
and their as- J
sistants. month, from the date of their respective appointments
until the expiration of their service; and that their
assistants shall be allowed one hundred and fifty dol¬
lars per month, from the date of their appointments,
respectively, until the expiration of their service.
STTPPLKMRNT.
742. That the said commissioners shall have the iwj,?'2-
Powers of
powers conferred upon commissioners appointed by thecommis-
A _ \ • sioners.
the district courts by the act of the Provisional Con¬
gress approved thirtieth of August, eighteen hundred
and sixty-one, and numbered two hundred and
seventy-three in the acts of the said Congress.*
XXI.—HOSPITALS.!
*
743. Commutation value of hospital rations.
743. That the commutation value of rations of the Junei4,i864
Commuta-
sick and wounded officers and soldiers in hospitals or tion value of
• n rations of the
other places, used m camp or the field as hospitals, be sick and
. , . , wounded.
fixed at the government cost oi said rations, and one
hundred per centum thereon : Provided, that said one
hundred per centum on the government cost of each
ration commuted shall constitute a hospital fund, and
be drawn and appropriated as the Secretary of War
shall deem necessary, to purchase supplies for the use
of the sick and disabled of the army in hospitals [408].
*' No. 273. An act vesting certain powers in the Commissioners of the
District Courts of the Confederate States.
Section 1. The Congress of the Confederate States of America do
enact, That the commissioners appointed by the district courts of the
Confederate States shall have power to issue warrants of arre'st against
offenders, for any crime or offence against the Confederate States, or
the laws thereof, and to commit to prisoft or admit to bail such offender,
as the case may be, for trial before such court as may have cognizance
of the offence, and with all the powers in relation to crimes and offences
against the Confederate States, or the laws thereof, which are conferred
on justices of the peace in relation to crimes and offences against the
United States of America, by the act of the twenty-fourth of Septem¬
ber, seventeen hundred and eighty-four, of the Congress of said United
States, entitled " An act to establish the judicial courts of the United
States."
f Sick and wounded officers allowed treatment and rations free of
charge [713].
SUPPLEMENT.
XXII.—TAXES.
744. Additional tax for the year 1864.
745. Appropriated to payment of increased compensation of soldiers.
746. Tax remitted on slaves lost by act of the enemy.
747. Act of 17th of February, >864, amended.
748. Where crops have been wholly or partially destroyed.
749. Where quantity of corn reserved is insufficient for actual wants
of producer.
750. Fruit, and products of gardens, when exempt from taxation.
751. Account of slaughtered hogs.
752. Additional taxes levied. Five per cent, on property specified. De¬
duction for tax in kind. Duty of post quartermaster.
753. Bacon and certain agricultural products,- when not subject to
taxation.
74-i. That upon all subjects of taxation under
Additional exi3ting tax laws there shall be assessed and levied
tax tor the a tax equal to one-fifth of the amount of the present
year 1864. * r
tax on the same subjects for the year eighteen hundred
and sixty-four, Avhich tax shall be payable only in Con¬
federate treasury notes of the new issue, and shall be
collected at the same times with the other taxes 011
the same subjects, under the laws now in force,
ibid,? 2. 745. The money arising from the tax hereby im-
Appropri- 1 J ° J
ment°of in Pose(^ shall be appropriated, first, to the payment of
creased com- the increased compensation of the soldiers under the
pensation of
soldiers. act passed at the present session £705].
June io,i864 746. That whenever slaves shall have been assessed,
ch. 36. .
Tax remit- but between the time of the assessment and the time
ted on slaves
lost by act of fixed by law tor the payment of the tax thereon, such
ie enemy. gjaves g^ap pe Jogt tQ owner by the act of the
enemy, the said tax may be remitted in the manner
pointed out by the second section of the act entitled
"An act for the relief of tax-payers in certain cases,"
approved February thirteenth, eighteen hundred and
sixty-four [536].
"jTch 32^ ^ie ac^ [^41] approved seventeenth Feb-
wcti864Fe^' ruaiT> eighteen hundred and sixty-four, entitled "An
amended. act to amend an act entitled 'An act to lay taxes for
the common defence and carry on the government of
the Confederate States,"approved April twenty-fourth,
eighteen hundred and sixty-three " [529], be, and the
same is hereby, amended as follows : After the word
" wool," in the first proviso of the fourth paragraph of
section ten, the words " in the aggregate" shall be
:)l'i
June 10,
1864, ? 1,
ch. 34.
SUPPLEMENT.
inserted and in the same article and section, the word
"eight" shall be substituted for the word "five," so
as to read: Provided, That post quartermasters shall
direct such delivery to be made at any time within
eight months after the date of said estimates, etc.
748. In all cases where crops, subject to a tax in n>id«g?.
.... i i-ii • Where crops
kind, nave been or may be destroyed, m whole or m have been
i i i i , wholly or
part, by fire or any other accidental cause, or by the partially de-
enemy, if before assessment, the assessor shall regard 10>e
the part of the crop not destroyed as all that was
produced by the owner; if after assessment, and the
destruction be satisfactorily proven, the post quarter¬
master shall also regard the portion of the crop not
destroyed as all that was produced, and the proof re¬
lieving the producer shall entitle the quartermaster to
a credit on his return for the property thus lost [535,
531)].
749. In cases where the quantity of corn reserved
** Where quan-
from the tax in kind is not sufficient to supply the act- tity of corn
* reserved is
ual wants of the producer, without any default on insufficient
f • for actual
his part, upon satisfactory evidence of the fact, wants of
the Secretary of War is authorized to allow the money-
value to be paid for the tithe to the extent thus re¬
quired.
750. The law imposing a tax upon the assessed value n>id,g4.
Til l i - Fruit, and
of property shall not be so construed as to impose a products of
o gardens:
tax upon the produce of gardens intended for the use when ex-
of the family of the owner, nor upon fruit raised for Stion™"1
domestic use and not for sale.
751. That the account of slaughtered hogs required ibid,go. ,
O to i Account of
by the first section of said act shall be rendered on or slaughtered
. bogB.
about the first day of March, eighteen hundred and
sixty-five and eighteen hundred and sixty-six, for each
year preceding said date. [See 542.]
752. That the first, second, and third sections of the jUnei4,i8G4
"Act to levy additional taxes for the common defence ch'44'
and support of the government," approved seven¬
teenth of February, eighteen hundred and sixty-four,
be amended and re-enacted, so as to read as follows,
to wit:
Section 1. That, in addition to the taxes ievied by Additional
taxes levied.
srPPLEMHNT.
the "■ Act to lay taxes for the common defence and to
carry on the Government of the Confederate States,"
approved April twenty-fourth, eighteen hundred and
sixty-three, there shall he levied from the seventeenth
day of February, eighteen hundred and sixty-four, on
the subjects of taxatio#n hereinafter mentioned, and
collected from every person, copartnership, association,
or corporation liable therefor, taxes as follows, to wit:
o^property* I- Upon the value of all property", real, personal,
specified. 0f eveiy kind and description, not herein¬
after exempted or taxed at a different rate, five per
Deduction cent.: Provided, That from the tax on the value of
kind. property employed in agriculture shall be deducted
the value of the tax in kind derived therefrom during
the same year, as assessed under the law imposing it,
and delivered to the government, whether delivered
during the year or afterward, including the bacon,
deliverable after, and not prior to, the assessment of
the tax on property employed in agriculture as afore¬
said; and the collection of the tax on such property
shall be suspended after assessment, under the order
of the Secretary of the Treasury, until the value of
Duty of post the tithe to be deducted can be ascertained; and when
quarteimas ^ ascertained, it shall be the duty of the post quarter¬
master to certify, and of the district collector to de¬
duct, the value of such tithe, and any" balance found
due may be paid in bonds and certificates therefor,
authorized by the aAct to reduce the currency7 and to
authorize a new issue of notes and bonds," in like
manner as other taxes payable during the year : Pro¬
vided, That no credit shall be allowed beyond five per
cent.
ibid,§5. 753. That this act shall not be so construed as to
certain agri- subject to taxation corn, bacon, and other agricultural
ductionsPnot products which were produced in the y"oar eighteen
taxation. t0 hundred and sixty-three, and in the possession of the
producer on the seventeenth of February, eighteen
hundred and sixty-four, and necessary" for the support
of himself and family during the present yTear, and
from or on which taxes in kind have been deducted
and delivered or paid.
SUPPLEMENT. ^15
XXIII.—SCOUTS FOR MISSISSIPPI VAL¬
LEY.
754. Appointment authorized.
755. Authority to raise companies for scout and guard duty.
756. Details for such service.
757. Of what composed, and how equipped.
754. That the President of the Confederate States .iuneio,i864
ch. -—
he and is hereby authorized, by and with the advice Appoint-
i r. *i o . . , nient of
and consent ot the Senate, to appoint one major and scouts for
four captains to do service as scouts in the valley of the Missis-
the Mississippi river, or to assign any proper officers S'PP1 valley"
for that purpose.
755. That the officers thus commissioned shall have ibid,§2.
Authority to
authority to raise four companies, to be officered by raise compa-
. , . , . nies for scout
the President, to be composed of such members and and guard
sueli persons as he may approve, for scout and guard
duty for government transportation across the Missis¬
sippi river, under such rules and regulations as may
be prescribed by the War department.
756. That the President may detail such officers and lbi<1- ?3-
J Details for
men from the army as he may deem peculiarly quali- such service,
fied for such service.
757. That such scouts and guards shall be composed ibid, §4.
• i n- n i • , o 11 -i Ofwbatcom-
either of infantry or cavalry, or in part of both, at the posed, and
discretion of the President, and equipped in such pea. eq'up"
manner as will make them most effective, and shall be
entitled to the same pay and allowances, and be sub¬
ject to the same regulations, as other soldiers. [For
pay, see 67 et seqJ]
XXIV.—VIRGINIA.
758. Ancient boundaries to be maintained.
758. Whereas, Resolutions of the General Assembly of June4,i8G4.
Virginia, adopted October eighth, eighteen hundred Preamble,
and sixty-three, have been communicated to Con¬
gress by the governor of that state, at the request
of the general assembly, whfircin that body, refer-
I'ing to former proceedings, and to the attempt of
SUPPLEMENT.
the enemy to form a new state out of the State of
Virginia, declares that "it is the firm determination
of the state, and known to be that of the Confeder¬
ate government, to assert and maintain the juris¬
diction and sovereignty of the State ot Virginia to
the uttermost limits of her ancient boundaries, at
any and every cost:"
Ancient The Congress of the Confederate States of America do
boundaries • *
to be main- resolve, That in no event will this government con¬
tained. °
sent to a division or dismemberment of the state of
Virginia, but will assert and maintain her jurisdiction
and sovereignty to the uttermost limits of her ancient
boundaries, at any and every cost.
XXV.—WAR DEPARTMENT.
759. Appointment and salary of disbursing elerk
*0^12 1804 ^9- That there shall be appointed by the Secretary
Appoint- of War a clerk, with a salary of twenty-five hundred
ment and 7 J •>
salary of dis- dollars per annum, who shall be charged with making
buFsmg c > o o
cierk. the disbursements for the said department, and who
shall give a bond, with sureties, for the faithful per¬
formance of the duties of his office, in such sum as
the Secretary of War shall prescribe. And all acts
and parts of acts now providing for the appointment
and salary of disbursing clerk for said department be,
and the same are hereby, repealed: Provided, Said
salary shall not continue for a period beyond the du¬
ration of the war with the United States. [See 555.]
XXVI.—WAR.
760. Manifesto of Congress relating to the existing war with the United
States. Copies to be transmitted to our commissioners abroad.
Declaration of the principles, dispositions, and purposes of the
Confederate States.
June 14,1864 76O. Whereas. It is due to the great cause of hu-
Iles. 13.
Manifesto of inanity and civilization, and especially to the heroic
Congress re- J i .
latingtothe sacrifices of their gallant army in the field, that no
existing war
with the means consistent with a proper self-respect, and the
United „
states. approved usages of nations, should be omitted by the
SUPPLEMENT.
317
Confederate States to enlighten the public opinion of
the world with regard to the true character of the
struggle in which they are engaged, and the dispo¬
sitions, principles, and purposes by which they are
actuated: therefore,
Resolved, by the Congress of the Confederate States of copies to be
transmitted
America, That the following manifesto be issued in to our com-
. i i i • _ . it*, missioners
their name and by their authority, and that the Presi- abroad,
dent be requested to cause copies thereof to be trans¬
mitted to our commissioners abroad, to the end that
the same may be laid before foreign governments:
MANIFESTO OF THE CONGRESS OF THE CONFEDERATE
STATES OF AMERICA RELATIVE TO THE EXISTING WAR
WITH THE UNITED STATES.
The Congress of the Confederate States of America, Declaration
, . . ■, ... . . p of the dispo-
acknowledging their responsibility to the opinion of sitions, prin-
the civilized world, to the great law of' Christian phi- purposes of
lanthropy, and to the Supreme Ruler of the Universe, erate States,
for the part they have been compelled to bear in the
sad spectacle of war and carnage which this continent
has, for the last three years, exhibited to the eyes of
afflicted humanity, deem the present a fitting occasion
to declare the principles, the sentiments, and the pur¬
poses by which they have been, and are still, actuated.
They have ever deeply deplored the necessity which
constrained them to take up arms in defence of their
rights, and of the free institutions derived from their
ancestors; and there is nothing they more ardently
desire than peace, whensoever their enemy, by ceasing
from the unhallowed war waged upon them, shall
permit them to enjoy in peace the sheltering protection
of those hereditary rights and of those cherished in¬
stitutions.
The series of successes with which it has pleased
Almighty God, in so signal a manner, to bless our
arms on almost every point of our invaded borders
since the opening of the present campaign, enables us
to profess this desire of peace in the interests of civil¬
ization and humanity without danger of having our
motives misinterpreted, or of the declaration being
SUPPLEMENT.
ascribed to any unmanly sentiment, or any distrust of
our ability fully to maintain our cause. The repeated
and disastrous checks, foreshadowing ultimate dis¬
comfiture, which their gigantic army, directed against
the capital of the Confederacy, has already met with,
are but a continuation of the same providential suc¬
cesses for us. We do not refer to these successes in
any spirit of vain boasting, but in humble acknowledg¬
ment of that Almighty protection which has vouch¬
safed and granted them.
° *
The world must now see that eight millions of
people, inhabiting so extensive a territory, with such
varied resources, and such numerous facilities for de¬
fence as the benignant bounty of nature has bestowed
upon us, and animated with one spirit to encounter
every privation and sacrifice of ease, of health, of
property, of life itself, rather than be degraded from
the condition of free and independent states into which
they were born, can never be conquered. Will not our
adversaries themselves begin to feel that humanity
has bled long enough, that tears, and blood, and
treasure enough have been expended in a bootless
undertaking, covering their own land, no less than
ours, with a pall of mourning, and exposing them, far
more than ourselves, to the catastrophe of financial
exhaustion and bankruptcy, not to speak of the loss
of their liberties by the despotism engendered in an
aggressive warfare upon the liberties of another and
kindred people? Will they be willing, by a longer
perseverance in a wanton and hopeless contest, to
make this continent, which they so long boasted to be
the chosen abode of liberty and self-government, of
peace and a higher civilization, the theatre of the
most causeless and prodigal effusion of blood which
the world has ever seen, of a virtual relapse into the
barbarism of the ruder ages, and of the destruction of
constitutional freedom, by the lawlessness of usurped
power? These are questions which our adversaries
will decide for themselves. We desire to stand ac¬
quitted, before the tribunal of the world, as well as in
the eyes of Omniscient justice, of any responsibility
SUPPLEMENT.
319
for the origin or prolongation of a war as contrary to
the spirit of the age as to the traditions and acknowl¬
edged maxims of the political system of America. On
this continent, whatever opinions may have prevailed
elsewhere, it has ever been held and acknowledged by
all parties, that government, to be lawful, must be
founded on the consent of the governed. We were
forced to dissolve our federal connection with our
former associates by their aggressions on the funda¬
mental principles of our compact of union with them,
and, in doing so, we exercised a right consecrated in
the great charter of American liberty—the right of a
free people, when a government proves destructive of
the ends for which it was established, to recur to
original pi'inciples, and to institute new guards for
their security.
The separate independence of the states, as sover¬
eign and coequal members of the Federal Union, had
never been surrendered, and the pretension of apply¬
ing to independent communities, so constituted and
organized, the ordinary rules for coercing and reduc¬
ing rebellious subjects to obedience, was a solecism in
terms as well as an outrage on the principles of public
law. The war made upon the Confederate States was,
therefore, wholly one of aggression ; on our side it has
been strictly defensive. Born freemen, and the de¬
scendants of a gallant ancestry, we had no option but
to stand up in defence of our invaded firesides, of our
desecrated altars, of our violated liberties and birth¬
right, and of the prescriptive institutions which guard
and protect them. We have not interfered, nor do we
wish in any manner whatever to interfere, with the
internal peace and prosperity of the states arrayed in
hostility against us, or with the freest development of
their destinies in any form of action or line of policy
they may think proper to adopt for themselves. All
we ask is a like immunity for ourselves, and to be left
in the undisturbed enjoyment of those inalienable
rights of " life, liberty, and the pursuit of happiness ''
which our common ancestors declared to be the equal
heritage of all parties to the social compact. Let them
SUPPLEMENT.
forbear aggressions upon us, and the war is at an end.
If there be questions which require adjustment by ne¬
gotiation, we have ever been willing, and are still
willing, to enter into communication with our adver¬
saries in a spirit of peace, of equity, and manly
frankness. Strong in the persuasion of the justice of
our cause, in the gallant devotion of our citizen-soldiers
and the whole body of our people, and, above all, in
the gracious protection of Heaven, we are not afraid
to avow a sincere desire for peace on terms consistent
with our honor and the permanent security of our
rights, and an earnest aspiration to see the world once
more restored to the beneficent pursuits of industry
and of mutual intercourse and exchanges so essential
to its well-being, and which have been so gravely in¬
terrupted by the existence of this unnatural war in
America. But if our adversaries, or those whom they
have placed in authority, deaf to the voice of reason
and justice, steeled against the dictates of both pru¬
dence and humanity, by a presumptuous and delusive
confidence in their own numbers, or those of their
black and foreign mercenaries, shall determine upon
an indefinite prolongation of the contest, upon them
be the responsibility of a decision so ruinous to them¬
selves, and so injurious to the interests and repose of
mankind. For ourselves, we have no fear of the
result. The wildest picture ever drawn of a disorder¬
ed imagination comes shoi't of the extravagance which
could dream of the conquest of eight millions of people
resolved, with one mind, " to die freemen rather than
live slaves," and forewarned by the savage and exter¬
minating spirit in which this war has been waged
upon them, and by the mad avowals of its patrons and
supporters of the worse than Egyptian bondage that
awaits them in the event of their subjugation.
With these declarations of our dispositions, our
principles, and our purposes, we commit our cause to
the enlightened judgment of the world, to the sober
reflections of our adversaries themselves, and to the
solemn and righteous arbitrament of Heaven.
NAVAL LAWS.
I. Iron-clad vessels.
II. Bounty.
III. Invalid corps.
IV. Small-stores.
V. Provisional Navy.
VI. Volunteer Navy.
VII. Rations.
VIII. Transportation.
IX. Details.
I.—IRON-CLAD VESSELS.
761. Money contributed by ladies of South Carolina, appropriated to
build iron-clad vessels at Charleston.
761. That the sum of thirty thousand dollars be, Mayi9,i864.
and the same is hereby, appropriated, out of any Approprta-
money in the Treasury not otherwise appropriated, to ney wn'trib-
be expended, under the direction of the Secretary t>f iuadiesbofthe
the INav}^, in the construction of iron-clad vessels at nna!toCbuiid
Charleston, South Carolina—this amount having been gdgtt84™"
contributed by the ladies of South Carolina for this charleston-
object, and paid into the Treasury.
II.—BOUNTY.
762. Allowed to seamen, marines, and others.
762. That the provisions of the third section of the June7,i864.
act entitled " An act to organize forces to serve during Bounty ai-
the war," approved February seventeenth, eighteen men, ma-
hundred and sixty-four [128], be, and the same are rmes' etc'
hereby, extended to the warrant officers, pilots, sea¬
men, ordinary seamen, landsmen, and boys of the
navy, and to the non-commissioned officers, musicians,
and privates of the marine corps.
31
32 2
SUPPLEMENT.
HI.—INVALID CORPS.
763. Sick or disabled seamen, marines, and others. Assignment to
duty.
JThVi864' ac^ entitled " An act to provide
sickordis- an invalid corps," approved February seventeenth,
men, ma- eighteen hundred and sixty-four, be extended to and
rines, etc. , , . , ,
Assignment held to embrace the ordinary seamen, landsmen, and
to duty. boys of the navy, and the non-commissioned officers,
musicians, and privates of the marine corps ; and that
assignments to duty of all officers, men, and boys of
the navy and of the marine corps, under the fourth
section of the said act, shall be made by the Secretary
of the Navy.
IV.—SMALL-STORES.
764. To be issued to enlisted men of the navy.
Juue7a804. 761. That the act [636] entitled u An act to regu-
Smaii-stores late the supplies of clothing to enlisted men of the
to enlisted . . .
men of the navy during the war, approved April thirtieth,
Navy' efghteen hundred and sixty-three, be, and the same is
hereby, amended so as to authorize the Secretary of
the Navy to issue supplies of small-stores to the enlist¬
ed men of the navy, upon the same terms as provided
for the clothing authorized by said act.
v.—PROVISIONAL NAVY,
765. Amendment of aet to create a Provisional Navy. Appointment
of commissioned officers.
June 14.1864 765. That in the first line of the fourth section [610]
ch. 50.
Amendment of the act entitled " An act to create a Provisional
create aPro- Navy of the Confederate States," the word "provi-
navy. sional " shall be substituted for the word " regular," so
Appoint- that the said fourth section shall read as follows : All
mentof corn-
missioned commissioned officers of the Provisional Navy shall
officers. °
be appointed by the President, by and with the advice
and consent of the Senate, whenever, in his judgment,
SUPPLEMENT.
the public service requires their appointment, and in
such numbers as he may think necessary, to the fol¬
lowing ranks and grades, viz : Admirals, vice-admirals,
rear-admirals, commodores, and to such other ranks
and grades as may exist in the Regular Navy.
VI.—VOLUNTEER NAVY.
766. Resident foreigners and Marylanders allowed to volunteer in the
service of the Volunteer Navy. Passports.
766. That the act [6511 entitled " An act to amend Junei4,i864
ch. 49.
'An act to establish a Volunteer Navy,' " passed Resident Vor-
eleventh February, eighteen hundred and sixty-four, MaryianderB
be so amended as to allow persons to volunteer in the volunteer in
service of the Volunteer Navy: Provided, Such persons IfZvZn-
are resident foreigners or Marylanders; and the Presi- paTSports.'
dent is hereby authorized to cause passports to be
issued to such persons as shall volunteer as aforesaid,
and shall be accepted by the president of the company
by which such vessel was fitted out, either within or
beyond the Confederate States.
VII.—RATIONS.
[See 707 et seq., and 713.]
VIII.—TRANSPORTATION.
[See 711.]
IX.—DETAILS.
[See 714 et seq.']
INDEX
TO SUPPLEMENT.
A.
Admirals—Appointments of, in the Provisional Navy. .765
Agents to receive and take proof of claims for forage, provisions, etc., fur¬
nished to the army by the owner, or taken or informally impressed... .739
Agricultural products—Certain agricultural products of the year 1863 exempt
from taxation 753
Alabama—Military court in North Alabama 736
Alcoholic liquors 702 et seq•
Appointments—Of temporary general officers 687
Of ensign for each battalion of infantry 723
Of chemists and professional assistants for Nitre and Mining bureau 732
Of additional officers of artillery for ordnance duties 720
Of agents to receive and take proof of claims for forage, provisions, etc... .739
Of commissioned officers of the Provisional Navy 765
Of additional quartermasters and commissaries, of purchasing agents and
transportation agents; so much of act of October 9, 1862, as authorizes.697
Military courts to appoint their clerks and marshals ; repealed 737
Of quartermaster for each state and congressional district for collection of
the tax in kind 700
In the corps composed of the general staff of the army 689 et seq.
Of general officer charged, under the direction of a commanding general,
with the administration of his army 691
Artillery—Appointments of additional officers for ordnance duties 720
B.
Battalions—Appointments of chaplains to 725
Appointments of ensigns to 723
Bonds—Of additional military storekeepers of ordnance 727
Of purchasing agents and transportation agents • • >697
Bounty to warrant officers, pilots, seamen, etc., of the navy, and to non¬
commissioned officers, privates, and musicians of the marine corps... .762
C.
Cavalry Commissaries allowed regiments of 701
When officers or soldiers of the cavalry may be dismounted and placed in
the infantry 721
Horses of persons dismounted 722
Chaplains to battalions and to general hospitals 725
Chemists and professional assistants for Nitre and Mining bureau 732
Claims for forage, provisions, etc., furnished to the army by the owner, or-
taken or informally impressed 739
320 INDEX TO SUPPLEMENT.
Clerks—Disbursing clerk in tbe War department 759
Commissaries allowed regiments of cavalry -701
Additional commissaries for the Provisional Army 697
Additional quartermasters and commissaries for the collection and distri¬
bution of railroad and field transportation and army supplies..., 697
Commissary-General authorized to make contracts for the manufacture and dis¬
tillation of alcoholic and spirituous liquors 702
Commissioners under act suspending privilege of writ of habeas corpus .. .741, 742
Commodores may be appointed in the Provisional Navy 765
Commutation—Commutation value fixed of rations of sick and wounded offi¬
cers and soldiers in hospitals .74.'?
Compensation—Of disbursing clerk in the War department 759
Of officers of the army and navy travelling under orders 711
Of additional military storekeepers of ordnance 726
Of persons on detailed service 714, 715
Of persons detailed to government contractors 716
Of commissioners and their assistants under the act suspending the privi¬
lege of the writ of habeas corpus 741
Of non-commissioned officers, privates, and musicians, increased 705
Of general officers 706
Of agents appointed to receive and take proof of claims for forage, pro¬
visions, etc , 739
Of persons detailed by the Secretary of War to fill the offices of marshal
and clerk of military courts 737
Pay and allowances of staff officers 691 et seq.
Congress—When military commanders to furnish transportation in kind to
members of Congress 712
Conscripts beyond the military lines allowed to organize 717
Contractors—Compensation of persons detailed to government contractors... .716
Contract for the manufacture of alcoholic and spirituous liquors 702
Contribution—The ladies of South Carolina to build an iron-clad gunboat 761
Courts—See Military Courts 734 et seq.
Crops—When crops subject to tax in kind are destroyed. 748
Where the corn reserved from the tax in kind is insufficient for the producer. 749
Products of gardens, and fruit for domestic use, not liable to tax 750
D.
Detailed service—Pay and allowances of non-commissioned officers, soldiers,
sailors, and marines on detailed service .714, 715
Compensation of persons detailed to government contractors 716
Details of persons to fill the offices of clerk and marshal of military courts 737
Disbursing clerk in the War department 759
Distilleries for alcoholic and spirituous liquors 703
E.
Ensigns—Appointment of, to each battalion of infantry 723
Exempts—Members of certain denominations of Christians may be exempted
from military service 718
P.
Forage for state officers commissioned to communicate with state troops 738
INDEX TO SUPPLEMENT.
Foreigners—Resident foreigners allowed to volunteer in the service of the Vol-
teer Navy 766
Fruit raised for domestic use, not taxable 750
G.
Gardens—Products of, intended for the use of the family of the owner, not tax¬
able 750
General officers—Pay of 706
General staff 689 et eeq.
H.
Habeas corpus—Compensation of commissioners and .assistants 741
Powers of commissioners 742
Horses of persons dismouuted, taken for the use of the army 722
Hospital fund .743
Hospitals—Appointment of chaplains to general hospitals 725
Commutation value of hospital rations fixed 743
Sick and wounded officers in the naval and military service allowed hos¬
pital accommodations free of charge 713
I.
Infantry—Appointment of ensign for each battalion of infantry 723
Invalid corps to include persons in navy and marine corps 763
Assignment to duty to be made by the Secretary of the Navy 763
L.
Laborers—Employment of, for manufactories and distilleries of alcoholic liquors.703
M.
Manifesto of Congress in relation to the existing war with the United States..760
Manufactories for alcoholic and spirituous liquors 703
Marine corps—Bounty allowed to non-commissioned officers, musicians, and
privates 762
Non-commissioned officers, musicians, and privates maybe retired or dis¬
charged from the service 763
Marshals for military courts 737
Marylanders allowed to volunteer in the service of the Volunteer Navy 766
Mileage of agents appointed to receive and take proof of claims for forage,
provisions, etc 739
Military courts 734 et seq.
Military hospitals 713-743
Military service—Members of certain denominations of Christians may be ex¬
empted from 718
Conscripts beyond the military lines allowed to organize 717
Military storekeepers 726, 727
Musicians—Pay increased 705
N.
Navy—See Volunteer Navy, 766. Provisional Navy 765
Officers of, travelling under orders, allowed transportation and expenses... .711
Bounty allowed to warrant officers, pilots, seamen, ordinary seamen, lands¬
men, and boys 762
328
INDEX '10 SUPPLEMENT.
Ordinary seamen, landsmen, and boys of the navy may be retired or dis¬
charged from the service 763
Supplies of small-stores may be issued to enlisted men of the navy 764
Sick and wounded officers in the naval service allowed hospital accommo¬
dations free of charge 713
Nitre and Mining bureau—Of what officers to consist 731
Chemists and professional assistants 732
0.
Officers—Temporary general officers 687, 688
Of the army and navy travelling under orders 711
When officers or soldiers of the cavalry may be dismounted and placed
in the infantry 721
When military officers to furnish transportation in kind to members of
Congress 712
Of the Nitre and Mining bureau 731
Pay of general officers • 706
Additional officers of artillery for ordnance duties 720
Disabled army officers may be appointed agents to take and receive proof
of claims for forage, provisions, etc., furnished to the army or im¬
pressed 730
Appointment of commissioned officers of the Provisional Navy 765
Of additional quartermasters and commissaries ; of purchasing agents or
transportation agents 697
Supernumerary officers 728 etseq.
When the lowest grade of commissioned officers of a company, the position
of senior second lieutenant and of first lieutenant, may be filled 730
Sick and wounded officers of the army allowed transportation 713
Sick and wounded officers in the naval and military service allowed hospi¬
tal accommodations and rations free of charge 713
Ordnance duties—Additional officers of artillery for ordnance duties 720
P.
Passports to issue to such persons as volunteer in the Volunteer Navy .........766
Post quartermaster See Quartermavterg.
Privates—Pay increased 705
Promotions in the corps composed of the general staff * 689
Provisional Navy 765
Purchasing agents 697
Q.
Quartermasters—May be assigned to the duties of agents to take proof of
claims for provisions, etc . 739
Additional quartermasters for the Provisional Army 697
When additional assistant quartermasters not to be appointed 697
President not required to appoint or keep in service regimental or battal¬
ion quartermasters 698
Assignments of quartermasters 698
When quartermasters may be dropped from the roll 699
Quartermaster for each state and congressional district to execute duties
in reference to the tax in kind 700
INDT'.V TO SirpPI.F.MPNT SW.i
11.
Rank—Of officers in the Provisional Navy 76a
Of staff officers 691 et seq.
Rations—Allowed officers of the army and navy 707 et seq.
Commutation value of hospital rations fixed 7411
Allowed sick and wounded officers in the naval and military servifle, in
hospitals, free of charge 718
Rear-admirals may be appointed in the Provisional Navy 765
S.
Sick and wounded—Commutation value of hospital rations fixed 748
Hospital fund for the purchase of supplies for 748
Sick and wounded officers of the army allowed transportation to their
homes and hack 718
Sick and wounded officers in the naval and military service allowed hos¬
pital accommodations free of charge 718
Slaves—Tax remitted on slaves lost to the owner by the act of the enemy 746
Small-stores—Supplies of maybe issued to enlisted men of the navy 764
Soldiers—Increased pay of 705
Spirituous liquors 702 et seq.
Staff officers—General staff of the army 689 et seq.
State agents commissioned to communicate with state troops allowed to pur¬
chase forage... 738
Supernumerary officers—Organization of companies, battalions, or regiments
composed of supernumerary officers of the Provisional Army .. .728 et seq.
Supplies of small-stores may be issued to enlisted men of the navy 764
Surgeon-General authorized to make contracts for the manufacture and distil¬
lation of alcoholic and spirituous liquors 702 et seq-
T.
Taxes 744 et seq.
Transportation—For officers of the army and navy travelling under orders ... .711
To members and delegates going to or returning from Congress 712
For sick and wounded officers of the army 713
Transportation agents 739
U.
T'nited States—Manifesto of Congress in relation to the existing war with the
United States 760
V.
Vacancies—Offices made vacant by the resignation of supernumerary officers.. .730
When the lowest grade of commissioned officers of a company, the position
of senior second lieutenant and first lieutenant maybe filled 730
Vessels—Certain money contributed by the ladies of South Carolina, appro¬
priated to the construction of iron-clad vessels at Charleston 761
Vice-admirals may be appointed in the Provisional Navy 765
Virginia—Ancient boundaries to be maintained 758
Volunteer Navy—Resident foreigners or Marylanders allowed to volunteer ... .766
W.
War—Manifesto of Congress in relation to the existing war with the United
States 760
War department—Disbursing clerk to be appointed in 759
E R K A T A
Ou page 12, after the captions "VII. Military Storekeepers," "XL Cavalry,"
and " XII. Infantry," strike out the words and figures enclosed in brackets.
On page 15S, foot note, for " see M7o." read " see