1861 1862 Confederate States of America I-150
1861 1862 Confederate States of America I-150
1861 1862 Confederate States of America I-150
THE
STATUTES AT LARGE
OF THE
PROVISIONAL GOVERNMENT
OF THE
TOGETHER WITH
AND
EDITED BY
JAMES M. MATTIIEWS
ATTORNEY AT LAW,
AND LAW LERKKIN THB DCPARTMBNT (1 JUSTrnU
RIC 1 MOND:
PR M SMITH, PRINTPR TO CONGRM9.
1864
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
TABLE OF CONTENTS.
PAGL
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
LIST
OF TIE
PROVISIONAL CONGRESS,
AND OF THE PROCLAMATIONS AND TREATIES
STATUTE I.-1861.
rAG B
An Act to continue in force certain laws ofthe United States of Amcr'ea. Fel'ruary 9, 1S61, ch. 1.. 27
An Act to continue in office the officers connected with the collection of the customs in the Confederate
States of America. February 14. 1861, oh. 2 ....................................................... .............. 27
An Act to exempt from duty certain commodities therein named, and for other purposes. February
18, 1861, ch. 3 ......... .: ...................... ................................... .......................................... 28
An Actto provide munitions of war, and for other purposes. February 20, 1861, ch 4 .................... 28
An Act to authorize the President to app, int a Privte Secretar-. Feb 20, 1861, h. 5 ...... .............. 29
An Act to determine the salaries of the Vice-President and of the heads of Departments. rebruary
21, 1861, ch. 6....................................................................... 29
An Act to .,rganize the Department of State. February 21. 8,. ch. 7.......................................... 29
An Act to e blish the Treasury Department. February 21. 881, ch. 8 ........................................ 30
An Act to e tablish te War Dapartment. February 21. 1861. ch. 0 ............................................ :i2
An Act to establish the Navy Department. February 21, 1861. oh. 10 ........................................... ,3
An Act to establish the Post-Office D.partment. February 21, 1861, ch. It .............................. 33
An Act to organize end establish an Executive Deparmett. to be ktown as the Depart neut of Jus-
tice. February 21, 1861, ch. 12 ........................................................ 3.
An Act to prescribe the rittes of postage in the Confederate States - f America and for ,other purposes.
February 23, 186t, ch. 13 ...................................................................... .1-
An Act to declare and establish the free navigation of the Mis.issippi river. Feb. 26, It-tI, ch. 14 ..... 36
An Act to modify the navigation laws and re, eal discriminating duties on ,hips or vessels. February
26, 1861, ch. 15 ...................................................................... 32
An Act to define more accurately the exemptimn of certain goods from duty. Feb. 26, 1861, oh. 16 ..... i,8
An Act for the establishment and organization of a general staff. for the army of the Confederate
States. February 28, 1861. ch. 17 ..................................................................................... 38
An Act in relation to public printing. February 27, 1861. ch. 18 ................................... . .......... 39
An Act to authorize the Secretary of State to appoint an as-istant. Februa ry 27, 1861, oh. 1f ......... 41
An Act to authorize the Secretary of the Treasury to establish additional ports and pl:ces of entry
and deliyery, and appoint officers therefor. February 28, 1861, ch. 20 ................................... 42
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
vi LIST OF THE PUBLIC ACTS 07 CONGRESS.
PAGE.
An Act to raise money for the support of the government, and to provide for the defence of' the Con.
federate States of America. February 28, 1861, oh. 21 ......... :................. t..................... ;....... 42
An Act to raise provisional forces for the Confederate States of America, and for other purposes.
February 28, 1861. ch. 22 ....................... .............. 43
An Act zupplemsentul to an act to regulate the rates of postage, and for other purposes. March 1,
1861, oh. 23 ..................................................................... . .... ... ........ . 44
An Act to admit Texas ask member of the Confederate States of America. March 2,1861, oh. 24 .... 44
An Act to repeal so much of the Laws of the Confederate States of America as prohibit the introduc-
tion of liquors, except in casks or vessels of or'above certain named capacity, and for other pur-
poses. M arch 5, 1S61, ch. 25 ..................................... .................................................... 44
An Act to provide for the public defence. March 6, 1-61, ch. 26 ................................................. 45
An Act to provide for the registration of vessels owned in whole or in part by citizens of the Confede-
rate States. M arch 6, 1861, ch. 27 ........................................... ............................. 46
An Act to establish and organize a bureau in connection with the Department of the Treasury, to be
known as the Light-House Bureau. March 6, 1861, oh. 23 .................................................... 47
An Act for the establishment and organization of the army of the Confederate States of America.
M arch 6, 1861, ch. 29 ........................................... ?;............................................ 47
An Act to create the clerical force of the several Executive Dep.rtments of the Confederate States of
America, and for other purposes. March 7, 1881, th. 30 ......... e............................................. 52
An Act to create the clerical force of the Navy Department. March 8, 1861, oh 31 ......................... 53
An Act to admit certain material free of duty, for the coniruction of telegraph lines from 6avannah,
in the State of Georgia, to Fort Pulaski, and from Mobile, in the State of Alabama, to Fort
M organ. M arch 9, 1861, eh. 32 ....................................................................................... 53
An Act to authorize the issue of treasury notes, and to prescribe the punishment for forging the same,
and for forging certificates of stock, bonds or coupons. March 9, 1861, oh. 33 ..... ................. 54
An Act to provide for an Assistant Treasurer of the Confederate States of America, and a treasurer
for the mint in the city of New Orleans. March 9, 1861, oh. 34.... .......... ... .................... 57
An Act further to provide for the organization of the Post.Office Department. March 9, 1861, oh. 35. 57
An Act to fix the pay of the members of the Congress of the Confederate States of America. March
11, 1861, oh. 36.................................... ................ . . . . . .. 58
An Act making appropriation for the support of three thousand men for twelvemonths, to be called
into service at -Char!ekton, South. Carolina, under the third and fourth sections of an act of the
Congress "to raise provisional forces for the Confederate States of America, and for other pur-
poses." March 11, 1861, ch.-37 ............................. ....... ........................... 58
An Act making appropriations for the support of the regular army af the Confederate States of Amer-
ica for twelve months, and for other purp Fes. March 11, 1861, ch; 38 .......................... i......... 58
An Act to-establish a court of admiralty and maritime jurisdiction at Key West, in the 6tae of Flori-
. da. M.A arch 11. 1861. oh. 39 ................ i .......................................................................... . 60
An Act makiatg appropriations to carry out the provisions of "An act to provide for the public de-
fence." March 12, 1861, ch. 40..-, ................. ; ..................................... ......... 61
An Act amendatory of an act for the orgtizatioun of the staff departments of the aimy, and an act
for the establishment and organization of the army of the Confederate States of A merics. March
14, 186 1 ch. 41 .............................. * ........ ................................................. .................... 61
An Act to regu ate foreign coins in the Confederate States. March 14, 1861. oh. 42 ....................... 62
An Act making appropiations for the legislative, exe uive and judicial expenses of povernuent, for
tle.year ending f4,sr h of February, eighteen hundred and sixty-two. .March 15. IS61, ch. 43.... 63
An Act to authorize the appointment of' commercial agents or consuls to foreign ports. March 15,
18,1l, oh. 44 .................... ............................................................................................... 65
An Act to authorize the coustruction or purc ;ase of ten gun-bo~ats. March 15, 1861, ch. 45..' ........ 65
An Act to define and fix the pay of the officers of the Congress of the provisional goveanment.
M arch 15. 1861, eh. 46 ...................................................................................................... 65
An Act to amend an act entitled -- An act to establish a court ,,I adubiralty and-maritime jurisdiction
at Key W est, in the State of Flrida." Mare, 15, 1861, oh. 47 .............................................. 66
An Act to appoitt a Second Auditor ,f the Treasury. March 15, 1841. oh. 48 ................................ 66
An Act resting cer!ain powers in the Postmest, r General March 15, 1861, ch. 49, ......................... 66
An Act to amend the lavs relative to the compensaion of the attorneys of the Confederate States.
M arch 15, 1861, oh. 50 .................................................................... ; ............................. 67
An Act naking spprtpriations for the eusa.t houscs at New. Orleans anl Ch'arlieston, and fer other
purposes. M ar h 15, 1861, oh. 51 .............................................................................. *....... 68
An Act to establist the Bureau 4 Indian Affairs. March 15, 1861, oh. 52 ................................... 68
An Act o exempt froataduty aeatain artichla8 .f anerchandise therein named. March 15, 1861: ch. 53,.. 68
An Act t0 fix the dutis on articles theren naned. Mar.-h 15. 1861, oh. b4 ...... : .............................. 69
An A,'t making api r,,Iriati'ns' or the support of the navy for the year ending fourth Fvbruary,
eighteen hundred and ixty-two. March 15, 1861, oh. 55 ..................................................... 69
An Act t4 authorize the transit of" merchandise through the Confederate States. March 15. ch. 56, .... 70
An Act to repeal the third section of '- An act t. exempt from duty certain commeodities therein
named, and f..r other purp,,ses." March 15. 1861. oh. 57......................................... 70
An Act to provide for the'organizatin of the navy. March 16, 1861', ch. 58 .............................. 70
An Act to pr,:vide for paymcut of light money in the Confederate btatcs. March 16, 161. oh. 59 ..... 75
An Act authorizing President alone tomake a.artain appointmente. March 16. 1861, oh. 60............... 75
An Act to establish the judicial courts'of the Cosfederate States of America. March 16, 1861, ch. 61,. 75
An Act saupplemenatary to an act entitled an net to organize the navy. Mech 16, l'61, oh. 62 ........ 87
An Act sutplamental to an act to define.and fix the pay of the officers of the Congress. March 16,
1861, oh. 63 .... .................................................
. ................... 87
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
LIST OF THE PUBLIC ACTS OF CONGRESS. vii
PAGE,
An Act to appropriate money for certain civil purposes. March 16, 1861, ch. 64 .................... 87
An Act making additional appropriations for the sppport of the army, for the year ending the first cf
March, eighteen hundred and sixty-two. March 16, 1861, oh. 65 ............................................ 88
An Act making appropriations for the service of the Post-Office Department, for the fiscal year ending
the first of March, eighteen hundred and sixty-two. March 16, 1861. ch. 66 ........................... 88
An Act to authorize the Secretary of the Treasury toappoint special agents in certain cases. March
16, 1861, ch. 67 ............................................................................ ................................ 88
An Act making appropriation for the service of the Bureau.of Indian Affairs. March 16, 1861, oh. 68, 89
An Act to amend an act entitled "An act authorizing the President alone to make certain appoint-
ments. M arch 16, 1861, ch. 69 ......................................................................................... 89
RESOLUTIONS.
No. 1. A resolution to appoint Messrs Reid and Shorter printers to the Congress. Feb. 5, 1861 ..... 90
No. 2. A resolution accepting the appropriation of five hundred thousand dollars by the General As-
sembly of the State of Alabama. February 8, 1861 ............. ........................... 90
No. 3.. A resolution for the preservation of the records of Congrss. February 8, 1861 ................... 90
No. 4. A resolution in regard to the State of North Carolina, and the commissioners from said State
to this Congress. February 8, 1861 ......................................................................... 90
No. 5. A resoultion in relation to the occupation of the forts and aresenals, ac. February 12, 1861, 91
No. 6. A resolution authorizing the Secretary of the Cottgreps to arrange for publication the provis-
ional Constitution for the government of the Confederate States of America, with the auto-
graph signatures of the members of Congress, &c. February 14, 1861 ....................... 91
No. 7. A resolution to authorize the judiciary committee to have such matter printed as they may
desire to lay before Congress. February 14, 1861 ..................................... ................... 91
No. 8. A resolution to continue in office.the officers of the customs. February 16, SM,: ................. 91
No- 9. A resolution giving certain powers to the committee on naval affairs. February 14, 1861 ....... 92
No. 10. A resolution to provid for printing for the committees of the Congress. February 15, I6S,. 92
No. 11. A resolution for the appointment of commissioners tothe goverrnment of the United States of
America. February 15, 1861 ............................... ................................................... 92
No. 12. A retolution for the enforcement of the revenue laws. February 16, 1861_ ...................... 92
No. 13. A resolition to provide an executive mansion. February 25, 1861 .................................... 93
No. 14. A resolution in regard to patents and caveats. March 4, 1861 ............ ...................... 93
No. I5. A resolution in relation to international copy-rights. March 7, 1861 ................................. 93
No. 16. A resolution to continue the mints at New Orleans and Dahlunega. March 9, 1861 ............... 93
No. 17. Resolutions providing for a digest of laws. Matich 12, 1861 ............................................ 94
No. 18. A resclution accepting certain funds tendered to the Confederate States by the State of Lou-
isiana. M arch 14, 1161 ............................................................................... ............ 94
No. 19. Resolutions in reference to forts, do.k-yards, reservations aid property ceded to the Confed-
erate.States. March 15, 1861, t ...................................................... 94
No. 20. Resolutions in reltion to the cMtingent fund of Congr, ss. Ilarch 15, 1861 ....................... 95
No. 21. A resolution to provide for the auditing and payment of certain claims against the Congress.
M arch 16, 1811 ....................................................................................................... 95
STATUTE I.-18Ol.
An Act to provide for the appointment of chaplains in the army. May 3,1861, ch. 1.................. 0%
An Act to provide for a regiment of Zouaves in thearmy of the Confederale Stotes. May 4. 186 ch. 2 99
An Act to recognize the existeoce of war between the United States atid the Confederate States; and
concerning letters of marque, prizes and prize goods. May C,, IS(;!, rh. 3 ................................ 100
An Act toadmit the Commonwealth of Virgiitia as a member of the Conftderate States of America.
M ay 7, 1861, ch. 4 ............................. .............................................................................. 104
An Act to raise an additional miliary foicc to scrve during the war. May 8. 1861, oh. 5 ............ 104
An Actato amend " An act vestiog certain powers in the Postmaster General,' approved Ma.rch 15,
1861. M ay 9, 1861, ch. 6 ................................................................................................. 105
An Act to amend "An act to provide forthe public dcl~nce,"approved March 6,1861. lay 10, 1861,
oh. 7 ...................................................................................... 105
An Act to make furthtr provision for the public delence. May 11, ISMl, ch. 8 ................................ 106
An Act relative to the telegraph lines of the Confedera;e States. May 11, 1861, ch. 9 ..................... 106
An Act to amend an act entitled "An act to fix the pay of members of the Congress of the Confede-
rate Etales of America," pproved March 11, 1861. May 11. 1861, ch. 10 .............................. 107
An Act in relation to the Confederate loan. May 11 1861, ch. 11 ................................................ 108
the Post-Office
An Act to amend an act entitled "An act further to provide for the organization of
Department." approved March 9, 1861. March 1, 1861, oh. 12 .............................................. 108
An Act to amend "An act to prescribe the rates of postage in the Conlederato States of America, and
for other purposes," approvwd February 23, 1861. May 13, 1861. ch. 13 ................................... 109
An Act to suspend the operations of the mints. May 14, 1861, ch. 14 .......................................... 110
An Act to.organize further the Bureau of Superintendent of Public Printing. May 14, 1861,ch. 15... 11
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
Viii LIST OF THE PUBLIC ACTS OF CONGRESS,
PACE.
An Act to authorize the tranfcr of appropriations. May 14, 1861, oh.6 .................................. ]I!
Au Act to defiue the limi a of the port of New Orlesanud for other purposes. May 14, 1861, oh. 17. ]Hi
An Act re.ulatin. the sale of pr'zcs and the distributio thereof. May 14. 1 61. h. 18 .................. 112
Au Act to provide for the auditing of actrunta of the Post-Office Depaitment. May 16, AbG, eh. 19..11
An Act to teercase the military establishment of the Confederate States, and to aweoal the "Act. far
the estIblishment and organization of the army ot the Confederate States of America.' IMay 16,
1861. ch. 2 1...........................................
................... . . ..........................
11
An Act to provide a icompensatlon Iorthe aisbursing oatiet..s ol the several Execu.ive Departments.
M ay Ili, 1861, ch. 21 ........
................................................................... 110
An Act to amend an act itn' tied Alt act to prov ide to.thit appointment of chaplains to-the army,"
apprived May third, eighteen hundred and Axt'-te. May 16. 18411.oh. 2 .............................
116
An A, t tfituthorize the Piesident to continue the apljtintmenta meide by him in li. mititary at- naval
service do ing the recess it Congress or the ure. eat a.,ei,n,and to submit them to Cuagrors at its
next aesi . M ty 16, 180l, ih. 23 ....................................................................... 116
An Act to authorize a ]oan ied toe isue *t treaury oois, and t,, prescribe the puaishment forf rging
the citine. ant for torging certificates of aoci and bowAs. Mtiy 16,1861. ch. 24 ........................ 117
An A(t ti admit the S alte t North Carolina into the Cufedericy, on a certaii cindi.i ;n. May 17,
1,261, eh. 25 .....
................................................................................... 1
An Act to admit the State of Tenue.see into the Caoiledcr t'y. on a certain cotidilioU. .May 17, 1,.61,
ch. .. ..... .....................................
........................................................ 119
An Act to e-tablih a mail tone firm Vrmilii vilti . it the tiat- o ,o;.i.-iatia. i Ortiee, to the
State of Texas, and for other purpose. May 17, 186 1.ch 27 ............................ .............. 119
An Act, ,,i Irvide :ai additional eti pa joy ,fe piper atona himhadtisaor thearmy. lay 17, h. 28 II i
b,
An Art to autlioize the exteasin r the m.il s,-rvte ,tf the t>,,aft..erato ileate. in ctart in cares a lid
upon certian conditions. M ay 20, l tl ch ?9 ................................................... .. ....... 120
An Act to adati, the State of Arkansaq inn,the Cotiedracy 120
il.y 2 . 1s6t1.h.:i .........................
Au Act amualttory of an act ta. provide fir ibe arganizafion of he uavy. Mai 20, 15(1, ch., ...... 121
An Act to ameuI an act to preide far the argaomizltia or'the navy, oppre,vid M,,rch iteeuth,
eigheeno hundred anti sixty-ine. May 20. ti. ch. 12............................................. 121
An A,'tto ent, hich a septrate port, of'enry at itabine Pass. in ithe. ciotty i J.fc-.rian, in theStats uf
Texas, and to provide for the icppti.tmei t itt acotec:or itaer, in. May 21, i .61,ch. 3a ..............
%121
An Act it)pal in operation the go'eratntiant utmdrr the perliitent CtiJsiitoi vi Itae Cuotederato
States aaf America. M ay 21, 6i1,eh. 34 ....................................................... .... 122
An Act tn kill;g a limariatitos intadditii tiaoe i atady t.,detar tiec iniliary t-orice of' th Cu-
ft,orite St.,tvs if Aincrict, fir the fl-cal iear enttit.g the cighieent Ihtlay' of february, one th.i-
sand cight hu, ed a t vixy tava . M.ay 21, iL61, elm. .. 5 ....................................................
193
An Act to tameat am tact. relative t- te, graphic iiaeFof the C. f.-ierate utates, apprvtd Slay 11. one
ihtusattid eight hundred ant six y-ite. May '1, 1861. ch. 16........................... a ..................124
An A,.t an.ki g appropiati.,ns fr tie legislat ve aitad txeiative cxie-es of gceiatit.lcn fur :li year
endig izhtteith of Fehri.ry, ei'hcea t.uadre,; a-t s:x y-tma. May 21. ,ot. e '7 3 .............. 1J24
An Av-t to provideIt;.,rcertain deciei li C.e appai,ri ti,at fLr the Ptt Otfice i,pa riment fiar the
year o,diog -ebrutty ei'te, ath. eighteen huodr d ,tail eixti-tic t. May 21, 1S I cit 38 ........... 125
An Act cotaer.ing the traa ssor'atias of s,ldi.re,.. 1 alli a i.t" r ching atf 'a.ihante, r. and atacol-
taory of thas act for th estihliAnn i ,i onaid orgnz.tai - f ll.ear a*y ifSthe Ct.hfedirale States.
M ay 21. 1S61, cii. %9 .................................................................................... 1 26
An Act to he en,it;el ita, ;aetL naeid "A at. .c oat li- ;,it aaitii.iadal omitare lore. to serve d:ring
tifi,w ar." 1,v 21 1S it,,h 40 .......................................................................... 12a
t
An Act to authorize ihc Presidciat o c.uli . ent, .ri raik a d eiuta. atd f i lerice vith vaaautv',r
triu p. on atfiecrz',,ftl.. Coatlfderat,. ;. ii). M y 21. Sill. h. 41 .......................................... 127
An Act io provid e fr the ticiden at, pensaes t t,ic ,.abtm -,r. acuwiila ite ttin iill tribes. lay 'l,.
1 litl,
eh. 42 ......................
.....................................................
.................................... 1 22
An Act tam ii i'm l.e tiat- 4l Taxit2 intti to jadtcia . t prt vi t i , r lio- apl.iaiieaut or
;,tla
. judges and office s ii. the same. May 21, J-01. rb. 4 ;...................................................... 127
An At t,,pr.'ide rev'.nue Front can t iites iii. i,rted fr,iai.,eigii ,ltaitrics. M]ay 2t, It61ch. 44.. 1'?
An Act t. letine iwith iaure (.ertainey lie me.itjing of an act t li lt "Ali act t,.1
lix lbetlua
u,t a Lcati-
ci.a the ein onascit." apjrovtrJ Mtr.i the tittueath. ighteca hundred ,1 ilty o1U. Mly 21, .
1861. -h.45 ...............
e.. ..................................... 135
.........................
An Act tall et'iliiSh ; Pl.teilt Uthec. i iandto .arilij raalt in a,. Stao
in,v.dn s if patli Iu lar ue w atd
ucetul diseoverie-, itventio -,impremn-ts, at dt Stgi.s Slt.,21, 1861. ch. 46 .......................
136
An Act to establish te jtdacial tonr e ol the Cintoed. iate States o Atmerico. il tiau statzof Vir-
g ni;. M ay 1. 1861. cit. 47 ..................................................................
. ........... 149
.....
An Act t. preceribe the maade of publishing the I w ail a ireaaie. atf the ,iafeid.raie States. May 21,
186 1. oh. 48 .......................
........
........... 149
..............................................................
An Act to pr.cribe the ualtiyot the private' sacttarn al tia'.i-ree-idtnt of tho U tiletairate Stutes.
May 1, 1861. ch. 49 ............................................................................ 149
An Act to amend an act entiale - An act re-gialtzig tit ex sto-le of %ar betanen tile unlid utah,a
ad the Coafeler~ste 6tates, and etlcerning !eaei if m. rqu,!.pizer aud lrici guo 1," it,proveid
M y sixth, one tiousant eight hundred ana sixy.une. M.,y 21. Lftil. 156
..5) ............................
An Act to provi'io for the pay of adiltional u. era, iaia-ctumi mc.to ficller.. mui iaaaia aad pri at:a
or -h, marine clrps, to co:,.lituie a reglim at, and for s;'e additiontl clothii g and suhmisent e of
the non-commissioned affieera. musicians andprkatte., lr the yenr iading lth1rary eigh-
ta.ab, eighteen hundred anal sixly-tw.. May 21, 186', oh. 51 ............................................. 180
An At t to introa.,s the clerical firce of the Treasury D, partmetat, in the Bureau af .ee:Ad Auditor.
M ay 21, 1861, ch. 52 ........................................................................
.......
151
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
LIST OF THE PUBLIC ACTS OF CONGRESS. in
PAt3.
An Act to authorize certain debtors to pay the amounts due by them into the Treasury ot the Confede-
rate States. M ay 21, 1661, ch. 53 ................... !.................................................... 151
Am Act to transfer the testimony taken by commi'eion in certain suits therein named, brought in the
circuit and district courts of the United States of America t,,the State courts of the Confederate
States. and to authorize the same to be read in said State courts. May 21, 1861, ch. 54 .............. 151
An Act to prohibit the exportation of cotton frori the Confederate States, except ihrough the seaports
of said States; and to punish persons, ff.nding therein. May 21, i861, eh. 55 .......................... 152
Ain Act to provide for the pay of the officers who have resigned from the Unite States navy, and
whom it isIropised to ndd to the Confederate States navy May 21, 1S61,eh. 56 .................... 153
An Act tomake temporary disposition of certain railroid iron. May 21 ISGt, ch. 57 ...................... 153
An Act to prowde for the cession, on the part of the State of Arkansas, of the arenal at l.ittle Rock,
and of Fort Smith, ast the city of Fort Smith, in the'State of Ar:ansas, and the acceptance of
the same by the said Confederate SiaLas. May 21, 1861, ch. 58 ......................................... 154
An Act relative to prisoners of %ar. May 21, 1S61. ch..59,: ............................................... 154
An Act fir the publication of the laws. May 21, 1561, ch. 61)............................................. 155
An Act making appropriatitns for the supl ort of the n',vy; for the year ending eighteenth of February,
eighteen buired and ixty-two. May 21, 1861, eh. 61 ............................................... 155
An Act suppleuent.I t., an act to establish the judicial courts of the Cotfederate States of' Am' rice.
May 21. 1861, ,h.62 ................................................................ 155
Am Act relative to the library of Congress. 51, 2t, I,6I. ch. 63 ............................... 157
An.Ai.t for the relief of district attorneys 'if the Confederate Sttites i the field. May 21, 1H61. ch. 6;4, 157
An Act to secure c,.pyrights to auth, rsand csnipu~ers. %Jay21, 161, eh. 5 ................................. 157
An A,'tassigning th. judge: district attorney and itarihal forthe district, of Texas, to the eastern dis-
trictof said S ate. M ay 21, 1861. t,.66 .......................................................... 161
An Act making appropriation to defray the experises of removing thae sct of government to Eich-
m ona. M ay -11,1861, oh. 67 .......................... ................................................... 161
RESOLUTIONS.
No. 1. A resolu.ion of thanks to Brigadiur General (r. T. Beauregard and the army under his com-
mand, for thir conduct in the affair of Fort Sumto . lay 4. 1861 ...............................
16-
No. 2. A resolution to extend the provisins.f a resriuti,,n approv,.d March fourth, eithteeu t.undred
ard sixty one. M a) 4. 1861 ............................................................... 163
No. 3. A reolution in regard to mitttary ex, eiditures made by the 6tate of South Cariliria. ,ahy
4,1861 ......................................... 163
...................................................
No. 4. 163
A re.oluiou in relation to marine hispitals. May 16, 18l1 .........................................
No. 5. A resolution in relation to imports from the States of V,rgmia, IN..r;h Carolitri, Teunefoien
and Arhatsas. M ay 17, 1811 .............................................................. 164
No. 6. A resolution in relati-n to cert: in acrrits. Ma3 2', 1861 ..................... ........ 164
No. 7. A res-lution rescinding a resolu ion pro iling fir a cltigest of laws, approved Marchrtwelfth.
eighteen huidred and sixty-one. 3Yay 21. 180 ................................................ 164
No. 8. 164
A resolution in regard to the clerical dp:r inert of Co:,gress. May 21, 1ll ......................
No. 9. A resolution to pr-,vide forthe removal of' the seat of g,,verinrent. May 21, 1661 ................
165
No. 10. A resolution in reference to pr inting the tariff act, and other :oouuieits connected ther w.th.
M ay 2t, 186i...........................................................................
. . ..............
165
No. 11. 165
A reEolu-ion regulating the pa ment oi utmaijtrsied aeconis. IN..y'21, til .......................
No. 12. A resolution to conler certain powerb on the 6-cretary of the Trea-ury. nJay 21, 1661 ..........
)65
STATUTE I1.-1861.
An Act to authorize the appointment ofr agents to sign treasury notes. July 24, 1561, oh. ! ............. 167
An Act relating to the pre-icayment 161
of postge in c,:rtain c ses. .tuly 29, 1861, nh. 2 ......................
1
An Act further to amn an act entled "An act to establih the jidi:iiL courts of tLe C,,nfeder,te
States of America." July 31, 1,61. eh. 3 .......................................................... 168
Ar Act relative to mon,.y deposited in the registries and receirers o: the c,,urts. August 1,1861, oli. 4, 168
An Act to ao horize the distribution of the proceeds ol the A. B. Thrr.mps,o, condemned as a prize.
A ugust I, 1'61, oh. 5 ......................................................... .........
................................. 169
An Act to amend "'An act to establib tLe julicil curts of tie Coit .d'rate States of - ttics."
August I, 1861, ch. ti.................................................................................. 169
An Act to make provision furthe care of ,upplies 1',,r the sck a,,twounded. August 2, l8ti, oh. 7... 170
An Act to provide for an additional field officer to %,,luitecr bawtali,.ns, rnd trthWe pp,.intment of
aMsistant udjutt.t general fbrthe provisional firrces. August , 1861, ch. 8 ........................... 170
An Act to extend the proribions of a cetentitled " An ait to prohibit. [Le exportatin, f co ton
from the Confederate States, except througho the sea-port.s o! said States, and to punish persona
offending therein, ' approved Aiay twenty-ote, eighteen hundred and sixty-ine. Aog. 2, 1861, ch 9, 170
An Act tn amend pn actentitled '"A act to m.,ke furher provisions for the public defence," approved
eleventh May, one thousand eight hundred and sixty one; and to amend an act entitled "An
act to increase the miitary establishment of the Confederate fta'es;" and to amend tire "Act
for the establishment and organization of the army of the Confederate States of America."
August 3, 1861, oh. 10 .......... 171
..........
...................................................................
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
LIST OF THE PUBLIC ACTS OF CONGRESS.
PAGm.
An Act to amend an act in relation to the issue of treasury notes. August 3, 1F61, oh. 11 .............
171
An Act to amend "'An act to provide revenue from commodities imported from foreign countries,"
approved May twenty-one, one thousand eight hundred and sixty-one. August 3, 1861. oh. 12.... 171
AD Act to amend an act entitled " An act making appropriations for.tfie support of the navy, for
thbyear ending fourth February, eighteen hundred and sixty-two. August 3, 1861, ch. 13 ..........172
A.nAct to provide forthe safe custody, printing, publication and distribution of the of the laws, and
to provide for the appointment of an additional clerk in the Department of Justice. August 5,
1801, oh. 14 ........... . .......................... 172
.................................
An Act to authorize advances to be made in certain cases. August 5. 1861, oh. 15 ..........................
173
An Act to give aid ti the people anl State of Missouri. August 6, 1861, ch. 16 ...................1 73
An Act to provide for the construction of a newly invented implement of war. August 6, 1861, oh. 17, 274
Ac Act to authorize the President of the Confeoerate States to grant commissions to raise volunteer
regiments and battalions, composed of persons who are, or have been, residents of the States of
Kentucky, Missouri, Maryland and Delaware. August 8, 1861, ch. 18 .................................
174
An Act respecting alien enemies. August 8, 1861, oh. 19 ...............................................
174
Aui Act further to provide for the public defence. August 8, 1861, ch. 20 ....................... 174
............
An Act to provide for the appointment of surgeons and assistant Eurgeons for hospitals. August 14,
1861, oh. 21 ......... ..................................................
176
AbhAct to amend the law in relatikn to the export of tobacco, and other commoctities. August 16,
1861, ch. 22 ..........................
I .............................................................. 176
An Act to authorize the issue of treasury notes, and to provide a war tax for their redemption.
A ugust 19, IS61 , oh. 23 ..................................................................... I7
An Act to aid the State of Missonri in repelling invasion by the United States, and to authorize the
- admission of such State as a member of the Confederate States of America, and forother pur-
poses. A ugust 20, 1861, oh. 24 ............................................................... 184
An Act to empower the President of the Confederate States to appoint additional commissioners to
foreign nations. August 20. 1861. oh. 25........................................................ ISS
Ana Act to authorize paymnt to be made for certain horses purchased fur the army, by Colonel A. W.
M cDonald. August 21, 1861, eh. 26 ........................................................... 185
A n Act making appropriation for the services of'physicians to be employed in conjunction with the
medical staff of the army. August 21, 1861, ch. 27 ......................................
..................
16
An Act to provide for local defence and special service. August 21, 1861, oh 28 ..........................
186
An Act to authorize the employment of cooks and nurses, other than enlisted men, or volunteers, for
the military service. August 21, 1861, ch. 29 ....................................................
186
An Act providing for the disposition of unclaimed goods deposited in warehouse, as prescribed by ex-
isting laws. August21, lS61, cb. 30 ................. . . . . . . . . .......187
An Act making appropriations ferthe public defence. August 21, 1861, oh. 31 .............................. 187
An Act makng approprimtion f r military hospitals. Augost 21, 1861, oh. 32 ............................... 187
An Act
tionsupplemental
of the Confederateto "An act to put in operation the government under the permanent Constitu-
States of America." August 21, 1861, ch. 33 .................................. 187
An Act to increase the corps of artillery. and for other purposes. August 91, 1861, oh. 31................ 188
An Act making appropriations to carry into effect section two of an act ap! roved May twenty-first,
eighteen hundred and sixty-one, entitled '"An act to deine with mre certainty the meaning of
an act entitled ' An net to fix the duties on articles therein named,*" approved March fifteenth,
oihteen hundred and sixty-one. August 22. 1861, elk. 35 ........................................... 188
An Act to authorize the Postmaster General to contract for the carriage of the mails on the route ,
hereafter m entined. August 22, 1861, oh. 36 .................................................... 189
An Act to establish a uniform role oif naturtlization fur perons enlisted in the armies of the Contede-
rate :5tatc3 of AY- ica. A u ,s:22, 103-, ch..r7 ................................................. 18'
An Act making appropriations for the expenses of goverumont in the Lcislasive, Executive and
Judicial Departments, for the year ending eighteenth of Febiuary, eighteen hundred and sixty-
tw o. A ugust 24, 1861, oh. 38 ................................................................. 190
An 1-ct making apprupriations to earry. into effect "'An act to .ut,,ize the isue of treasurs notes,
aid to provide a war sax for their redemiption," and for other purposcs. August 24, 1,1461, ch 39 191
An Act to authorize the isue of inscribed stock in the stead sf,'outon buds. August24, 186j, ch.40 191
An Act to establish assay offices at Charlotte and Dablonega. Aucust 24, IS61, eh. 41 ........................ 192
An Aet making additional appropriations fcr the navy of tte Confederate States, forthe year ending
February eighteenth, eighteen hundred and sixty-two. August 24, 1861, ch. 42 .......................... 193
-a Act to ropet the fourth section of "An tactto regulate foreign coins in the Conlederate States."
spprsved March sixteenth, eighteen hundred and sixty-one, and ir other purposes. August 24.
861, ch. 4:......................................................................................... 103....................
193
An Act amendbtory of " An act to prescribe therates if po.tage in the Confederate Stutes ofAmerica,"
approved February twenty-third, ei.chteen hsndred ansd sixv-ince. August 21). IS61, ch. 44 ........ 193
An Ac, making appropriations for the service of the P.)rt-Ofoe Department durin the y,ar ending
te ei,htcerth of Fetruary, ei'rhtees hundred and sixty-one. August 29. 1861. oh. 45 ......... 191
tin Act to emend an act entitled ."An act to create the clerical f'srceof the several departments o1 the
Confoderate States of America, and for other purposes," approved March seventh, eighteen hun-
dred and sixty-one. August 29, 18I1,ch. 46 ..................................................... 19C
An Act to authorize the construction of certain gun-boats. August 20, 1861, ch. 47 ........................ I15
,a =Act to fix. the feesand costs in adoiralty ca-es. August 29, 1801, ch. 48 ............................... 195
A:, Act to authorize the Secretary of the Navy to make certain contracts without.advertising for pro-
poeals. August 29, 1 61, oh. 49................................. .. .................... 195
............
An Act making appropriation for tha purchase of a steamer and certain military supplies. August
29t, 1881, cl. bt ................ 196
............................................
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
LIST OF THE PUBLIC ACTS OF CONGRESS. Xi
PAGZ.
An Act to amend the second section of "An act concerning the trangportation of soldiers and allow-
anee for clothing of volunteers, and amendatory of the ' Act for the establishment and organiza-
tion of the army of the Confederate States."' August 30. 1861, ch. 51 ...... ..... 16
An Act to authorize the establishment of recruiting stations for volnteers from tl e Stat~s of Ken-
tucky, Missouri, Maryland and Delaware. August 30, 1861, ch. 52 ..............
..................... 196
An Act to audit the accounts of the respective States against the Confederacy. Aug. 30, 1861, ch. 53 197
An Act to estabi-h certain post routes therein named. August S0, 1S61, ch. 54 .............................. 197
An Act authorizing the President to inflict retaliation upon the, persons of prisouers. August 3V,
1861. ch. 55.,.... .......... . .................................................
.......... 198
An Act toprovide for th'defence of the Mississippi river. August 30, 1861, ch. 56 ..... 198
...................
An Att to amend an.at-e ntitled '"An act to establish a Patent Office, and to provide f.,rthe granting
and issue of patents for new and useful discoveries, inventi us, improvements and designs," ap- "
proved May 21. 1861. August 30, 1861, ch. 57 ........ ............... ........ 199
...........
Am Act.to provide a -mode of authenticating claims for money against the Confederate 6tates. not
otherwise provided for. August 30, 1861, ch. 58 .................................................... 199
An Act to o Vect, for distribution, the moneys remaining in the several post-offices of the Confederate
Staies ac the time the postalses ice was taken in charge by said goternment. Aug. 30, 1861. h. 59 199
An Act to rvquire the receipt of the postmasters of the ConFederate States of treasury notes, in suals
of five dollars and upwards, in payment of postage stumps or stamped envelopes. August 30,
1861, oh ..................................................................................... 20.0
.......
An Act forthe sequestration of ti~e estates, property and effects of 'alien enemies, and for the indemni-
ty of citizet a of the Confederate States, and persons aiding the same in the existing war with the
United States. August 30. 1861, ch. 61 .................................. 201
An Act to perpeoste testimony in cases of slaves abducted or harbored by the enemy, and of ot er
proterty seized, wasted or destroyed by them. August 30. 1 t, ch. 62 ................................. 207
An Act to-provi-le for the transmission of mone, bonds er treasury notes. August 30. 1861, ch. 63...208
.An Act to amend an act entitled "An act recgnizing the existence of war between the United States
and the Confederate States, and concerning letters of marque. prizes and prize goods," approved
'day sixth, eighteen hundred and sixty-one; and an act entitled " An act regulating the sale of
prizes and the distribution thereof," approved May sixteenth, eigteen hundred and Sixty-one.
August 30. 1 61, ch. 64.......................................... ................... 208
An Act vesting c rtain powers in the commissioners of the district courts of the Confederate States.
August 31. 1861, eh. 65 ....................................................................... 208
An Act to authorize the appointment from civil life of persons to the staff of generals August 31,
1861, ch i ................................... ....................................................... 209
In Act providiny tor the appointmnnt of adjutants of regiments and legions, of th. grade of Eubal-
tern. in adriiti--n t- the subalteras attached to companies. August 31, 186 1, ch. 67 209
.....................
AknAct providin4 fr the reception and forwarding of articles sent to the army ty private contribu-
tim. -A ugust 31- . 1861, eoh. 68 ..................
.. 209
.........................................
,An Act to alibw rat ,us to chaplain, in the arny. Augu-t 31, IN(I1, eh. 69 ...................... 210
...........
Ak Act to reimeburse the Sta-e of FIri ta. August 31. 1861, ch. 74, ............... 2
An Act makinr an udditi,,nal appropriation for the paytment tf clerks and a inesset ger '.r !he Post-
OflicelD. paittent, and t,, authoize the Postmuster General to appoint an a Idiional messengcr
for the Post Office Dei ar t tosnt. August. 31 1861. ch. 71 .................. ............... 210
An Act to es abittit the r .tes of p.tstag, on newspapers and periodiealtls, sent t, de ,ers therein through
the mail, cr by expressuever pot routes. August 31, 1861, ch. 12 .......................... 210
RESOLUTIONS.
No. 1. A reotlution tod:sposc of donntio- s made by certain churches on the late fast dnty. Ju'y 30,
..................................................
I81I ..................... 212
.......................................
No 2. Restltti,. in totti-n t-the first regituent ,r North Cartttluattutite, is Jttt? 30. W; I ......
212
No. 3. lRestIut ons tf thanks to Gcner,,ls Joseph E. Jtohnston attd (tstavo T. icour, gard, tti the
officers a',d tro ps uner their (etttandat the hattte f M,.la.sas. Augu t ti, 16 ......... 212
No. 4." Re-,oiuti ,ustoulthing certain pints -f maritine low. and l. fining the piet on ot the Co.ttcd-
crate tate-in iespect thereto. August 1;4. 1881 ................ ................... 213
No. 5. A resolu,i-n in relation to the equitmomtt f vlunte,r o vn ry cttUpantei. 213
Auc. 2i. Ifii ....
No. 6. oeo,utitou ctncernir.g Brigadier Hen,.ral Btn MeCullou-,dh. Aagust 22, 61.... 213
................
No. 7. 'A resoluti'n it relatiton it, dril ma-ters appointed by t s. Auus' 31, 1,1i ...... 214
.............
No. S. ]tes lutios-t,, provide trotps in the field with htead and r-sh -t, August -i,ISlit.. 211
vi~i-ai-.
No. 9. Resolutiot ix hegard tocertait mneys "f the Catngre.s Atno ut :1,1 ,i 214
.........................
No. 10. Resolutious in respect to the accunts of the Congress. Augavt 31,l1 215
...........................
STATUTE IV.-1861.
An Act to authorize the President to continue the appointments made by him, in the military and
naval service, during the recesses of Congress, or the last or present session, and to submit them"
to Congress at its next session. September 3, 1861, ch. I ................ 217
..................
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
iii LIST OF TIE PUBLIC ACTS OF CONGRESS.
PAGE
Au Act supplemental to An Act lv. establish the rates of postage on newspapers aud periodicals tent "
to dealers therein through the mtils, or by express over lost rcads. "espteniaber 3, lb0l, ch. 2 .....
217
STATUTE V.-1861-2.
An Adt to admit the Stale of Miicour into the Confederacy as a metlrcr of the Canfcderate ai-taaia af
Aut rica. Noame ber 28. 1862, (.i. ) ............................................................ 22
An At t,, enable th mtate of Miss, urito elect tttelbers of the lloue of ltejpre-otatevec. IN c , r
:9, 1861, "h.2 ............................................................................ 22:
An Act fir tho empltvtont of haaa.dtxi.- in tiuit ry haa-pal,. Deccanbir 7, Itil. 222
h.3.............
An Act. t' aut.o.rize tLe aapoi tutent of otm'or tmore vlrers t0 aid th, Prei to aign'aitstla.
l.3t
iu army. Dcee'ber 7, 1IMI. ch. 4 ................................................................... 222
An A IL for the adnis. i, of the a-taita .. f Keulucky into ibe Coi .aterate niatus f A act teal. as t a ima-
ic, thereo" lDee tuber tI0. 1 61, (h 5 .................................................................. ML
An A o Authorize the Secretary of War ,-afliant a ac-i-tanrt. oc-thber ItU, 1861. eh. 6.............
An A I t,,author:zu the appinte- t o; chief buglers and principal itmoActans to regitneas illihu
lra.visiainal army. D,'cemlscr 10. 1V61, eh. 7 .............................................................. 22:
-An Acv to auth rize the c,,listtoen t f additicomal caaen. Decta be.r141, 1 111 . ch. .........................
t
An A, ; providting f-r the graniit.g of bait, y ;nd firlutish t.,pcvia'e .-d aat-tiatoi.iiiaaed a(i.e-
he;prvisonal aray. 1)ccettaber I1, 1S4il,.t. 9 ...............a..........................................
ite
An Act o aille the State of T,-naesee iti rine jiadici. I diI- c si. D,-eoiier 12. 8I1. eh. I ........ 2
An A itt to provide lir ho piaytue,it of the carriers of the elc tor -,.te- if the respect.re Sitats ',Ilie
A outederaey. Decean -er 15. 1861, ch. II........................................................224
An '('.praiding for the transfe r of certain appraprittita. D- tlier 18, 1861, oh. 12 ................ 224
An A; tat ectablisil the date from which the w tuotssiois of atelat c-tff offiiers chal. ta c alive
.
De em b c 18. I -i1, oh. 13 ............................................................... ................................ 225
An Ae: further saup[lerto, titry to An lt ct to) tuthovize tIth, islut t reasciry lites. nod to iiutv-'e a,
war t x for their redemption. Dectaur Di, 1,61, ch. 14 ..................... ..... .................... 226
An A-t fir the recruitang service ta ie provisimial ainoy of the Ia.aatdcrate Sta,e. Dec. li 1861, h. i L20
An Act, o, determia e the umber tf nietiber- the Sate if Kentatk: shall tie entt'led to have ii ia.e
li,;uce of lteprsentivives 1f the GtJatgrecs .,fthe Coif,-d,.rite tiec a.I il teilioa t. tihe i-lee-
ti,, an,l returns thareof. De-mier 21, 1861. It 16 ...................................................... 226
An A tt illrel, ian to txts 'an Iriptay which bas ae--, ar o hiih is ii able to 6- ltaqitstraa tea " -S
pr ,erty of alien eu,-ius December 2.3. 1-61, eh. 17..................................................... 22;
An A. t to ainend " Al cct ti require the recei:.t h. the paisttatiers 'at thc itlifederate States 'if ii
uay uotes,ili Cuis of five |itlars antd upva rd i, it) 1 1,211,t if ) at 1,1e stl,,'tas tiall iinlto. : di.
ropela, ' !,provi'd Aug%kt thirtieth, eightteeo hundr I atlnd ixty ic. Aac. 231, 1 . I .. 22
An AC' to authorize the Pr'ci eat t,-e fa'r te puray r,ak i't c
c. liltodt itl n h, 1lihetis of' tilte I .
doing duty with troops December 24, 1861,ii. 19........................................................ 22
"
An Ac' tat .ainetd in act tlled An act tt rsahlish a aaaiit i'ti vi at
oi r.tliz;,iio iar perc t-a cat-
h-ted in the areies (if the Cianfederatc Staiel .,IAtueriva." tactibe 24. 1,161. oh. 2t .............. 22 '
An Act ta jivide :o IhI etup-.iit tit i' ohiajilalms in, thei tasvy. Dcc , ii r 21, 181;I. -Ih. 21 ........... 222.
An Act tit provide lir certain officer, if the ri-vemit ,ertiee. lt,.eathacr 21. I'61. th. 22. ............. 229
An Act to authorize th.' :rasfer -f i. rtl atlialaala-i a,,a. iaeca-abr 2tf. 186!. ell. 23. .............. 2.:"
A. A ct to authorize the aptiitiat Wi ailitita|iil flicers of I!..- iave Decalalaer 24, P1. ,-h.2 ..... .Z_
An A. t taking approprittiois fr the cX lrs , f ga, erv i't illth e ]l.461s,aive, aEit JW
dicial %-epartriont-, far tle v earcaaiti cigit-eia oif Fcbira.a a-ighlt-.i liaaaaraodatt iVst- .
1F cem ber 24, U 1 l, ch, 25 ............................................................................ ................... 2:1.
.
An A,-: suppletoenrta -t an ac t Lo a m , i as
e o rc -i? Ui-ic. aod u I crvide at w,,r tax lar
ihtir redempi n. Dccentier 24, 1 f61. ch 2 .. . . . . . . . . . .....................31
An A ; taking apprajarialli iaocta|ply in I-art wi-h irealy 1t1atltia:,an- ill;iawith aert; it ldi i!
r tbe-. Decem ber :'4, 1861. -b. 27 ....................................................................... 232
An A, a'elating to the cust.dy ,,fthe refirn ;,Il a t ticais a1 t1,e t -lie ileatars 1ar i" -l iat
.,IV ,c Presialo tr. D e,-eteti r 3!. 186'. cl,. "28.......................................................... 237
1
A n A a ta provide fair it carps ad esgineers fair tIh ir -ia l aitatna. lo.t.-ccut er 3 t , a811. v:. 2")....... 2o7
An ciii it amtcoid ''Art -tat I) authotize :he Pre i,-it mn cattier teiaaraan " raitak ,ail . oaiaan.. ' fair c-il-
i.' with au , uiteer trpo. oat -icers a" t he Caailfedera e ail,' aipiioved llla3 irt. -fir :, cigil-
a! nriondred and sixty cae. Decemllber 31, 11 61. ch. 30 ................................................... 22F
An A.-t to lrovide ir tie ptynetit oftertiti Itiliaia 1, ve. iaer : 1. I86!. wailt....................
I 23S
Au t t o ir ko add.at utis a piaroprisdzas to defray The ext eic,,f if it .lAie i printinag. ideccachier
3 '. 186 1, ih. 32. ................................................... ................................................... 2111
An A ::tI o estahlishi Ilaaail rtaltIIe Ir.n, II i ' Fr, ia La ret,c . it V agtait. i. Jaita. 2, Is62. cli. :l,. i
Ai a At tin -iig a pprolriations liar aertain floiatiag deteiees. otaitary ). I s62. cht. 34 ...................... 231
A at A -t it oggi cCrtain jar aviiaons ia|reg/ard tIi i-crCait lid laia Iru t t auds. Jana; ry Ill. 1862. el. .5... 239
An A.t a aiiproriaiving tw haildred amd t,,erily-thrie tl-uuaa'-,a cx hlildmod tid evoa d. llirs tiar the
n ival service. January ]i. 1N162. el. %,8................................................................ 240
An Act appropriating fur'eeta milliis ei'.h huniroil laid fifty ihouatatid dal:.ar,fa',r the tatlit ir-
, ryiee. Januare IM.1 2, cb. 7 ....................................................................... 240
An At authoriring the a ppaainttaent if wo aditi,.n,,Iclerks atid la. dralt, laiim i.. ahe Nnavv ])'lAsrr-
4
su~nt. January 14, 1862, ch. 38 ........................................................................
HeinOnline -- 1864 The Statutes at Large of the Provisional Government of the Confederate States of America, from the Institution
of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
LIST OF THE PUBLIC ACTS OF CONGRESS. xiii
PAGN.
An Act supplemenfary to an act making appopriations for certain floating defences, approved Jan-
uary ninth, eighteen hundred and sixty-two. January 14. 1862, ch. 39 ...................... 241
An Act to authorize the Secretary of War to audit and settle the claims of certain officers therein
. named. J;nuatry 15. 1862, ch. 40 ..................................... ............................................... 241
An Aetoe make the appointment of Asssistant Secretary of 6tate, of the Treasury, and of War,
Executive appointments. January 16, I862, ch. 41 ............................................................... 241
An Act to authorize the Secretary of the Navy to gve a bounty to all pcrso-s enlisted as seamen, who
enlist tor three years or the war. January 18, 1862, ch. 42 ................................................... 241
An Act supp!ementaty to an act enlitled ' An act to authorize the appointmut of additionai offi ers
of the navy," approved Dec. twenty-fourth, eighteen hundred and sixty-one. Jan. 16, 1862, oh. 43, 242
An Act to organize the Territory of Arizona. January 18,.1862, ch. 44, ....................................... 242
An Act to provide for raing and organizing, in the State of 11istsuri. additional tloops for the pro-
.visional army of the Confederate States. January 22, 1862, ch. 45 ........................ ............ 24r
An Act to amend an act entitled - An act to raise an additional military force to serve during the
- war," approved May eighth, eighteen hundred and sixty-one, and for other purposes. January 22,
1862, ch. 46 ................................................................................................................... 248
An Act to authorze the appointuetit of officers of artillery in the provii nal army and in ,he volun-
teer corps. January 22, 11,62. .h 47 ................................................................................. 249
An Act to amend an act entitled "An act to collect, for distribution, the Honey retmaining in the sever.1
post-offices of the Confederate States, at the time the postal service w.,s taken in charge by said
government," approved August thirtieth. ei. hteen hundred and sixty one. Jan. 23. 1862, ch. 48, 249
An Act to amend an act entitled "An act to establish a pat,.nt office, and to provide for the granting
and issue of patents for niw and useful 1icveries. inventi,.ls, improvements and designs," ap-
proved on the twenty firstof May. one thousand eight hundred and sixty-one. Jan. 23, 1,62, ch. 49, 250
An Act t- authorize the President to call upon the several States for troops to serve for three years or
during the war. January 23, 18I,2, oh. 50 ........................................................................ 252
An Act to increase the clerical force of the Post-tQffioe Department. January 23, 1R62, 'h. 51 ........... 252
act to appropriate eight hundred and filty thousand dollars to pay lor ordnance, ordnance stores
An And equil ments. January 27, 1862. ch. 52 .............................................. 252
An Act to establish an assty office at New Orleans. J.nuary 27. 1,'.2, oh. 53 ..................... 253
An Act to authorize the change of the names of vessels in certain cases. January 27, 1862, eh. 54. 253
An Act to provide for recruiting companies now in the service of the C,,ml'ederate States for twelve
months. January 27. 1862. ch. 5 ...... ........................................... ................................ 254'
An Act for the reief of te *iiate of Mia-our. January 27. 1862, ch. 56 ....................... ........... 254
An Act to amend an act suppiemetal io an act to establi h the judicial court4 of the Confederatj
States of America, approved May twenty-first, eighteen hundred and sixty-one. January 29,
1862, ch. 57 .................................... . ................................................... 255
An Act to amend an act eatitled '"An act to provide for the I ublic defence," approved Match ixth,
eighteen hundred and sixty-one, January 29, 1S62, ch 58 .................. ................................. 25S
An Act t, aid the Rtats of Kentu:ky, and for other purposes. January 29, 1S62, ch. 59 ............. 256
An Act to transfer flnds from the Qurrermaster's to the Ordnance Deartmnent. J.n. 30.1862. ch 60 258
An Aut to explain an act entitlel "An act to amend atl a..t entitled "An act to establish a Patent Of-
fice, and to.provide for the granting and issue of patents for new aod useful discoveries, inven-
tions, improvements a:id desigits," ap:,roved May twenty-firtt, eighteen hundred and sixty-one. i
February 3, 1862. ch. 61.............................................................. 256
An Act supplemental to an act entitled "An act providing for the grantinig of bounty and furiughs
t,, privates and non commissioned officers in the pro i tonal army. February 3. 1.62, ch. 62 ...... 256
An Act to authorize certain financial urrangements at the Treasury. Febrtary 3, 11.6J. ch. 63 ........... 257
An Act making appropriations for the paymeut of certain intrrest due. severally to the banks at Mem-
phis, in advance. made by them t.i Major General Leonidas Polk. for the benefit of the public
service. Februar. 3, 1862. ch. 6t ...................................................................................... 2 51
An Act supplementary to an act entitled " An n't io amen-t at, act entit'ed 'An act to raise ali addi-
tional force to serve daring the war. and for other turpose,," approved M.y eighth, ei.rhteen hun-
dred and sixty-one. Febru.ary 3. 186?, ch. 63 ............................................... ;....................... 258
An Act to amend the act entitled " An act. to amend an act to provide fir the organization ot the
navy, approved May sixteen h, eightee hundred and :ixty-one ; and an act en'itled "Art act to
authorize the Pre.ident to confir temporary rank and command on officers of the navy doing duty
with troci..' approved December twen'y-fourth, eight. eu hundred and sixty-ine. February 5,
1 86 , oh. 66 ................................................................................................................... 258
railroads, for
An Act to'provile for conocting the Ri hmotd and Danville and the Norto tarolina
m ilitary purfoses. Febrtirv 10, 180,. ch. 6 ............................... .........................................
3
253
An Act to organize the clerical for.,, cf the Trcasu. 3 Lp:!r'mant. lelrur 13. 1-O6, eit. 68 ........... 259
An Act to tran-fer the cni;,t'v of Att-a, in the State of Mi.,iszipii, from the northern to the sout er
judiciol district f theState of Mississippi. February 13. 1S62. -li. • 6.t ................................... 260
An Act to pay interest duetheChoctawNation uponsroekaof theStateor Virgini i. Feb. 1:.1F62, ch 70 269
An Act ti alter and amend an act entitle.) '- An act for the sequestration of ettatcs, property alid ef-
fect, of alidn enemies, ant for indemnity of citizens of the Confederate States, and persons aiding
tLe same in the existing wr with the United States," a- proved August thirtieth, eighteen hundred
and sixty-one, February 1", 1, 62, ch. 71 .................................. . . .......................... 260
An Act to establi.fl certain post routes therein named. February 15, 1, 62, ch. 72 ........................ 66
An Act for the relie, of the State of Missouri. February 15, Ih62, oh. 73 ........................................ 263
An Act supplemental to " An act to put in operation the government, tinder the perman.nt Constitu-
tion of the Confederate States of America," approved May 21, 1861, February 15, 1S621, eh. 74... 268
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of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
xiV LIST OF THE PUBLIC ACTS OF CONGRESS.
PAGZ.
An Act to make appropriations for the expenses of government in the Legislative; Executive and Ju-
dicial Departments, from the eighteenth of February to the first of April, eighteen hundred and
sixty-two, and for other purposes. February 15. 1.62. ch. 75 .........................................
268
An Act to authorize and provide firthe orga.ization of the Maryland Line. Feb. 15, 1862. oh. 76 .... 270
An Act to relinquish any claim on the part of the government to any share in certain prizes. February
. 15..1862, ch. 77 ...................................................
.. ...................................
.271
An Act to fix the rank of certain officers. February 15, 1862, ch. 78 ......................................
271
An Act to €ytablish judicial courts in certain territories. February 15, 1862, ch. 79 ....................
271
An Act to provide for an increase of the Quartermaster and Commissary Departments. February 15,
1862. ch. 80 ............................................. 275
....................................................
An'Act concerning the pay and allowances due to deceased soldiers. February 15, 1'62. ch. 81 .....275
An Act to provide for the connection of the railroad trom Selma, in Alabama, to Meridian, i Mlissis-
sippi. February 15, 1862, ch. 82 ................... ..........................................
..... 276
An Act to define and establish the compensation of members of the Congress of the Confederate
States of America, in reference to mileage. February 17, 1862, ch. 83 ................................
276
An Act to repeal an act therein named. Fetruary 17, 1862, ch. 84 ....................................... 271
An Act to provide for the preservation and future publication of the journals of tips provisional Con-
gress, and the proceedings of the Convention whith framed the provisional and permanent Con-
stitution. of the Confederate States. February 17, 1862. ch. 85 ....................................277
An Act to amend "An act to provide f-.r the safe custody, printing, publication and distribu ion of the
laws, and to provide for the appointment of an additional clerk in the Department of Justice,"
approved August fifth, eighteen hundred and siKty-one. February 17, 1862, ch. 4 ................. 277
An Act to make disposition of negro slayes eap-ured from hostile Indians. February 17, 1862, ch. 87. 278
An Act to fix the date at which the bounty shall be paid to soldiers enlisting for the war. February
17, 1862, ch. 88 ...............
................................... 278
......................................
RESOLUTIONS.
No. 1. A resolution authorizing the transfer of funds to foreign parts. November 26, 1861 ........279
No. 2. A resolution for the relief of the "Lumberton Guards," (company D,) second regiment Noith
Carolina volunteers.* December 3, 1861 ....................................... 279
No. 3. A resolution of thanks to Major General Sterling Price, and the officers and soldiers under
his command, for gallant and meritorious conduct in the present war. December 3, 186t.. 279
No. 4. Resolution of thanks to Major General Leonidas Polk, Brigadier General Gideon J. Pilow,
Brigadier Gene;al Benjamin F. Cheatham, and the officers and ioldiers under their com-
mand, for gal:ant and distinguibhed services in the present war. December 6, 1861! ..........280
No. 5. A resolution to make an advance to the State of'South Caiolina, on account ot her claims
against the Confederate States. December 14, 1861 ...........................................280
No. 6. A resolution appointing John D. Morris, of Kentucky, a receiver under the act of sequestra-
tion,'approved August thirtieth, eighteen hundred and sixty-one. December 16. 186t ...... 280
No. 7. A resolution of thanks to Brigad.er Geueral N. G. Evans, and the officers and soldiers under
his-command, for their gallant conduct in the battle of Leesburg. December IS, 1861... 281
No. 8. Resolution relating to Maryland. December 21, 1861 ........................................... 281
No. 9. Resolution of thanks to Colonal Edward Johnson, his officers and men, for services in the
battle of Alleghauy Mountain. January 10, 1862 ............................................ 282
No. 10. A resolution in reference to the arms --f the volunteers
"
for twelve months. Janusry 22. 1862, 282
No. 11. A resolution supplemental to the resolution entitled 'A resolution appointing John 1). Morris,
of Kentucky, a receiver under the bet of sequestration," approved August thirtieth, eigh-
teen hundred and Fixty-one, and which was apprved by the President, on the sixteenth of
December, eighteen hundted and sixty-one. . ebrusry 3, 1862 ..................................
282
No. 12. A resolution in regard to the transfer of certain Indian trust funds to the Contederate
States. February 6, 1S62 ............................................................... 283
PROCLAMATION.-APPENDIX.
No. 1. Calling an extra session of Congress. September 2, 1861 ...................
;............................
219
INDIAN TREATIES.
Treaty between the Confederate 9trites of America and the Creek nations of Indians. July 10, 1861 ....
289
Treaty between Confederate States of America and the Choctaw and Chic kasaw nations bf Indias.
July. 12, 1861 .............................................................................. .III
Treaty between the Confederate States of America and the 6emino e nation of Red Men. Aug. 1. 1-61, 332
Treaty between the Confederate States of America and the P.n-e-tegl-ca band of the N--um or Co-
manches, and the tribes and bands of Wich-i-tas, Cado-Ba-da-chos, flue-cos, Ta-hua.,.s-ros, A-
na-dagh-cos, Ton-ca-wes, At-o-nais, Ki.chais, Shawnees and Delawares. August 12, 1t61 .......... 347
Treaty between the Confederate States of America and the Ne chais Ta-ne-i we, Co cho-tiin-ca Fd
Ya-pa-rih-ca bands of the Ne-urn or Comanches of the Prairies and Staked Plain. Aug. 12, 1,61, 354
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LIT~~JE'TfLCWO~OR. Ay"
Treatsbetween the Con federate Statesof America and.the Great Osage tribeof Indians., Oct. 2. I bl, .G63
Treaty.4etween the Confederate States of America and the Seneca tribe of Indiana, formerlyknown aa
the Senam of Sandusky. and the Shawnees of the tribe.,or confederacy 6f Senecas and Shawnees
formierlInown as the Senecas and Shawnees of Lewiatokin, or the mixed bands of Senecaa and
Shawmee , each tribe for itself. October 4, 1861 ..................... ;.......................................... 4,
Treaty between the Confederate States'of America and the Quapew tribe of Indians. Oct. 4,-161. ...... 3$
2nehty-between the Confederate States of Ameriea and the-Cherokee nation of Indians. Oct. 7, 1861,. 394.
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LIST
OF THE
PROVISIONAL CONGRESS.
PHGB.
An Act for the relief of William P. Barker. February 25, 1861, oh. I .....................................
97
RESOLUTIONS.
No. 1. A resolution for the relief of J. M. Walden, a citizen of Georgia. February 16. 1&61 ........ 9T
No. 2. A resolution to pay certain naval officers their traveling expenses. March 15, 1861 .............
98
STATUTE II.-1861.
An Act to make temporary disposition of certain railroad iron. May 21, 1861, ch. 1 .......................
16
STATUTE V.-1862.
An Act to reward the loyalty of the principal chief of the Seminole nation. Jsnnary 16, 1862, ch. 1, 284
An Act for the relief of Dillon Jordan and F. Glncktnyer. Jan ary 23, C62, ch. 2 ......... 284
...............
An Act for the relief of A. B. N-yes, collector of the port of St. MarkF, Fl,.rid.,. Ja. 23, 1562, ch. 3, 285
An AAt to provide for the compensation of G. I. Oury. delegate from Arizona, for his attendance
at this session of Congr. a. February 11. 1S62, ,h 4 .............................................. 285
An Act appropriating the sum of one thousaud one hurdred and ten twe- ty-two huudred:hs dollars
for the relief of the Mobile and Great Northern Railr;ad Compoy, beinc the iff.rence bptwetn
fifteen and twenty-four per cent. duty on railroad iron paidtt Pensacola, in May, eghtden htin-
dred and sixty-one. February 15, 162. ch. 5..................... ...................... 285
An Act to compensate Dillon Jordan'and F. Glackmyer, for services rendertd the government.
February 15, 1862, ch. 6 ..................................................................... 286
RESOLUTIONS.
No. 1. Resolution in relation to payment to disbursing clerk of appropriation for remoyal of the seat
of government. February 15, 1862 ....................................................... 286
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of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
The Confederate Slates of America, At a Congress of the Sovereign
and Independent States of South Carolina, Georgia, Florida, Alabama,
Mississippi, and Louisiana, begun and holden at the Capitol in Mont-
gomery, in the State of Alabama, on the fourth day of February, in
the year of our Lord, one thousand eight hundred and sixty-one ; and
thence continued, by divers adjournments, until the eighth day of
February in the same year:
CONSTITUTIO1
FOR THE
PROVISIONAL GOVERNMENT
OF THE
We, the Deputies of the Sovereign and Independent States of South 0Con
tIt' ttionfor
Provisional Govern-
Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, in- rent,tstablished.
yoking the favor of Almighty God, do hereby, in behalf of these
States, ordain and establish this Constitution for the Provisional Gov-
ernment of the same : to continue one year from the inauguration
t,"
of tinue.
tow long to. con
the President, or until a permanent Constitution or Confederation be-
tween the said States shall be put in operation, whichsoever shall first
occur.
ARTICLE I.
SECTION 1.
All legislative powers herein delegated shall be vested in this Con- Legislative power,
gress now assembled until otherwise ordained. vested inCongress.
SECTION 2.
1. The Congress shall be the judge of the elections, returnsb. and Congress to be th,,
qualification of its members; any number of Deputies from a majority judge of the election,,
returns and qualifica.
of the States, being present, shall constitute a quorum to do business ; I o rm inbers'
s
but a smaller riumber may adjourn from day to day, and may be au- tutd. Whatnumber
thorized to compel the attendance of absent members; upon all ques- may adjourn.
1lach, State entitled
tions before the Congress, each State shall be entitled to one vote, and to one vote. Idow
shall be represented by any one or more of its Deputies who may be Staterepresented.
present.
2. The Congress may determine the rules of its proceedings, punish Rules of proceei-
its members for disorderly behavior, and with the concurrence of two- g
thirds, expel a member.
3. The Congress shall keep a journal of its proceedings., and from Jornalofproce.
time to time publish the same, excepting such parts as may in their logs to be kept.
judgment require secrecy ; and the yeas and nays of the members on Yeas and n3as.
any question, shall, at the desire of one-fifth of those present, or at
the instance of any one State, be entered on the journal.
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PROVISIONAL CONSTITUTION
SECTION 4.
Compensation of
members. haow paid.
The members of Congress shall receive a compensation for their ser-
vices, to be ascertained by law, and paid out of the
treasury of the
In'whatcaemem. Confederacy. They shall inallcases, except treason, felony and breach
bers priviledged from .
arrest., of the peace, be priviledged from arrest during their attendance at the
session of the Congress, and in going to and returning from the same
Not t, he question- and for any speech or debate, they shall not be questioned in any other
ed for any speech or
debate, place.
SECTION 5.
BillspassedbyCon- 1. Every hill which shall have passed the Congress, shall, before it
gressto be presented
In President. Pro- become a law, be presented to the President of the Confederacy ; if
ceedings when the he approve, he shall sign it; but if not, he shall return it with his ob-
Presiden t disap- aproe hesalsiniD
proves. PJections to the Congress, who shall enter the objections at large on
their journal, and proceed to reconsider it. If, after such re-consider-
ation, two-thirds of the Congress shall agree to pass the bill, it shall
become a law. But in all such cases, the vote shall be determined by
yeas and nays; and the names of the persons voting for and against
When bill retained the bill shall be entered on the journal. If any bill shall not be re-
by President becomes
a law. turned by the President within ten days (Sundays excepted) after it
shall have been presented to him, the same shall be a law, in like man-
ner, as if he had signed it, unless the Congress by their adjournment,
Presidnt may veto prevent its return, in which case it shall not be a law. The President
•one, and approve an-
other appropriation may veto any appropriation or appropriations and approve any other ap-
insame bil. propriation or appropriations in the same bill.
Ordebrnresoutions,
.etc., to be presented
2..
Every
vr order, resolution or vote, intended to have the force and
tothe President. if effect of a law, shall be presented to the President, and before the same
disapproved by him, s ap
how re-passed by shall take effect, shall be approved by him, or being disapproved by
Congress. him, shall be re-passed by two-thirds of the Congress, according to the
rules and limitations prescribed in the case of a bill.
unti President
in.
aoarate, biill, etc.,
3. Until the inauguration of the President, all bills, orders, resolu-
of force, without histions and votes adopted by the Congress shall be of full force without
approval, approval by him.
SECTION 6.
Power of rongress 1. The Congress shall have power to lay and collect taxes, duties,
tolay taxes to carry .
an the Government. Imposts and excises, for the revenue necessary to pay the debts and
Duties to be uni- carry on the Government of the Confederacy; and all duties, imposts
form. and excises shall be uniform throughout the States of the Confederacy.
To borrow money. 2. To borrow money on the credit of the Confederacy :
To regtdate corn- 3. To regulate commerce with foreign nations, and among the seve-
meree.
ral States, and with the Indian tribes
To establish uni- 4. To establish a uniform rule of naturalization, ant uniform laws oI
form rule of natural-
,oation and iaw ofthe subject of bankruptcies throughout the Confederacy
bankruptcy.
To coin m~oney. To 5. To coin money, regulate
0 the value thereof and of foreirn coin,
Ax standard of and fix the standard of weights and measures:
, sghtn a.d moo- (i. To provide for the punishment of counterfeiting the securities
To
felts.
punish counter- and curt ent coin of the Confederacy
To establi h post 7. To esiablish post offices and post roads
oes androods.
To promo science
S. To promote the progress of science and useful arts
arts, by securing,
and useful arts. for limited times to authors and inventors, the exclusive right to their
respective writings and discoveries
To cons,,titte lnfe- 9. To constitute tribunals inferior to the supreme court
tiertribnl'.
To define and pun- 10. To define and punish piracies and felonies committed on the
b pracies, etc. hihs
To declari, war. high sew;, and offences against the law of nations:
11. To declare war, grant letters cf marque and reprisal, and make
rules concerning captures on land and water:
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OF THE CONFEDERATE STATES.
SECTION 7.
of Departments, except for the purpose of paying its own expenses and ried.
contingencies.
8. No title of nobility shall be granted by the Confederacy; anti no No tit,- of .uoo'7it
person holding any office of profit or trust under it, shall, without the ', bgrantead.
consent of the Congress, accept of any present, emolument, office, or
title of any kind whatever, from any king, prince or foreign State.
9. Congress shall make no law respecting an establishment of relig- retlgious freedom
ion or prohibiting the free exercises thereof: or abridging the freedom rre doln of pte;h
of speech, or of the press; or the right of the people peaceably to as- "'t of the
semble, and to petition the government for a redress of such grievances Right ofpetilio,.
as the delegated powers of this Government may warrant it to consider
and redress.
10. A well regulated militia being necessary to the security of a Ri.h' to b:.a:: P:
free State, the right of the people to keep and bear arms shall not be Leep ias.
infringed.
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f. PROVISIONAL CONSTITUTION
Q,,arterirg of sol- 11. No soldier shall, in time of peace, be quartered in any house
des. without the consent of the owner; nor in time of war, but in a man--
ner to be prescribed by law.
0 Lreasonable
gear -hes and seizuresl 12. The right of the people to be secure in their persons, houses, pa-
prouited, pers, and effects, against unreasonable seairches and seizures, shall not
W) wairantto issue be violated; and no warrants shall issue but upon probable cause, sup-
.on oath or affir- ported by oath or affirmation, and particularly describing the place to
1ui
be searched, and the persons or things to be seized.
Trials for eapit-.I 13. No person shall be held to answer for a capital or otherwise in-
ofoes,or inf'ous famous crime, unless on a presentment or indictment of a grand jury,
putt -.onejeopardy
in tobetwie
of except in cases arising in the land or naval forces, or in the militia,
lfe or linb, for same when in actual service in time of war or public danger; nor shall any
noro ompeli- person be subject fbr the same offence
of
ed
io:
1n testify againstfo .cept to be twice put in jeopardy
jpad of
p~rived of nor
hinm.elf; life or limb; nor shall be compelled in any criminal case, to be a wit-
life,be etc.,
de-
without profess ofness against himself; nor be deprived of life, liberty, or property, with-
out du- process cf law ; nor shall private property be taken for public
P r i vate property
no to bo taken for use, without just compensation.
pubio use, without 14. In all criminal prosecutions, the accused shall enjoy the right to
'Trial by jury In a speedy and public trial, by an impartial jury of the State and district
!m,,!al
cases. wherein the crime shall have been committed, which district shall have
bern previously ascertained by law, and to be informed of the nature
and cause of the accusation ; to be confionted with the witnesses against
him ; to have compulsory process for obtaining witnesses in his favor;
and to have the assistance of counsel fbr his defence.
Tr'i by jury In 15. In suits at common law, where the value in controversy shall'
esil maies. exceed twenty dollars, the right of trial by jury shall be preserved ; and
no fact tried by a jury shall be otherwise re-examined in any court of
the Confederacy, than according to the rules of the common law.
E.cesive bail not 16. Excessive bail shall not be required, nor excessive fines im- o
to 13 required, nor
aeeossivefine im- posed, nor cruel and unusual punishments inflicted.
posed or punishment
iufl-ted,* 17. The enumeration, in the Constitution, of certain rights, shall not
rnumeration of be construed to deny or disparage others retained by the people.
Scrtans rights tonoy
hi, construed to
deny 18. The powers not delegated to the Confederacy by the Constitution,
oth.rs retained by nor prohibited by it to the States, are reserved to the States respectively,
SECTIOJ a.
Limitation of the 1. No State shall enter into any treaty, all-ance, or confederation
nes of the States, grant letters of marque and reprisal ;:coin money; emit bills of credit
make any thing but gold and silver coin a tender in payment of debts;
pass any bill of attainder, ex post ficto law. or law impairing the obli-
gation of contracts ; or grant any title of nobility.
2. No State shall, without the consent of the Congress, lay any im-
posts or duties on imports or exports, except what may be absolutely
necessary for executing its inspection laws; and the nett produce of all
duties and imposts, laid by any State on imports or exports, shall be for
the use of the tieasury of the Confederacy, and all such laws shall be
subject to the revision and control of the Congress. No State, shall,
without the consent of Congress, lay any duty of tonnage, enter into
any agreement or compact with another State, or with a foreign power,
or engage in war, unless actially invaded, or in such imminent danger
as will not admit of delay.
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,OF THE CONFEDERATE STATES.
ARTICLE II.
SEOTION 1.
L. The Executive power shall be vested in a-President of the Con- Executive power
tfederate States of America. He,'together with the Vice President, vested in Pre iag.
-shall hold his office for one year, or until this Provisional Government Duration of his.af-
•shall be superceded by a Permanent Government, whichsoever shall f iPrsnident
Pfirst occur.
2. The President and Vice-President shall be elected by ballot by President
Manner and
ofelectuag
VI e
,.the States represented in this Congress, each'State casting one vote, President.
.,and a majority of the whole being requisite to elect.
3. No.person, except a natural born citizen, or a citizen of one of QualifiationSaof
-the States of this Confederacy at the time of the adoption of this the President.
,Constitution, shall be eligible to the office of President ; neither shall
.any person be eligible to that office who shall not have attained the
.age of thirty-five years, and been fourteen years a resident of one of
.the States of this Confederacy.
4. In case of the removal of the President from office, or of his VacanecyInoicro
-death, resignation, or inability to discharge the powers and duties Of how eUp-
President;
1. The President shall be Commander-in-Chief of the Army and Powers and dcitis
iNavy of the Confederacy, and of the militia of the several States, when of thePresident.
.called into the actual service of the Confederacy; he may require the
opinion, in writing, of the principal officer in each of the Executive
Departments, upon any sulject relating to the duties of their respective
.offices ; and he shall have power to grant reprieves and pardons for May grant reprieves
offences against the Confederacy, except in cases of impeachment. and pardons.
2. He shall have power, by and with the advice and consent of the May make treaties.
Congress, to make treaties ; provided two-thirds of the Congress con- of Congress.
cur: and he shall nominate, and by and with the advice and consent
of the Congress, shall appoint ambassadors, other public ministers and Appointments to
consuls, judges of the courts, and all other officers of the Confederacy 011e.
-whose appointments aie not herein otherwise provided for, and which
shall be established by law. But the Congress may, by law, vest the
.apnointment of such inferior officers as they think proper in the Presi-
,dent alone, in the courts of law, or in the heads of departments.
.. The President shall have power to fill up all vacancies that may vacaneces dnring
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PROVISIONAL CONSTITUTION'
the ,rtcCsE of
greu,, Co- happen during
which shall the recess
expire at the of
endthe
of Congress, by granting commission&,
their next session.
SECTION S.
President to give 1. He shal), from time to time, give to the Congress information of
Congress information
ofthe state of the the state of the Confederacy, and recommend to their consideration
Confederacy, such measures as he shall judge necessary and expedient ; he may, on
gry onvextraod- extraordinary occasions, convene the Congress at such times as he shall
nary occasions. think proper; he shall receive ambassadors and other public ministers;
Other powers and lie shall take care that the laws be faithfully executed ; and shall
duties,.atfly; salcm com-
mission all the officers ofthe Confederacy.
aemovals from of- 2. The President, Vice-President, and all civil officers of the Con-
flomon conviction of federacy shall be removed from office on conviction by the Congress
of treason, bribery, or other high crimes and misdemeanors : a vote of
two-thirds shall be neessary for such conviction.
ARTICLE III.
SECTION 1.
Judicial power 1. The judicial power of the Confederacy shall be vested in one
usted inSupreme Supreme Court, and in such inferior courts as are herein directed, or
ort, etc.
as the Congress may from time to time ordain and establish.
District Courts
cs- 2. Each State shall constitute a District,* in which there shall be a
tarished; their in- court called a District Court, which, until otherwise provided by the
Congress, shall have the jurisdiction vested by the laws of the United
States, as far as applicable, in both the District and Circuit Courts ofthe
United States, for that State; the Judge whereof shall be appointed by
the President, by and with the advice and consent of the Congress,
and shall, until otherwise provided by the Congress, exercise the power
and authority vested by the laws of the United States in the Judges of
the District and Circuit Courts of the United States, for that State, and
shall appoint the times and places at which the courts shall be held.
Appeals from Dia- Appeals may be taken directly from the District Courts to the Supreme
tremt Courts tothe Court, under similar iegulations to those which are provided in cases
Supreme Court.
of appeal to the Supreme Court of the United States, or under such
When cosmlssions regulations Ps may be provided by the Congress. The commissions of
o f theJudges CP re. all the judges shall expire with this Provisional Government.
SupremeofCourt
stituted the con-
Dis- 3. The Supreme Court shall be constituted of all the District Judges,
t
Judges ;whe n a majority of whom shall be a quorum, and shall sit at such times and
trict
and where to sit. places as the Congress shall appoint.
Transfer of cau es 4. The Congress shall have power to make laws for the transfer of
In the Courts of the
United States, to tise any causes which were pending in the courts of the United States, to
courtsof
eracy. theoned- the courts of the Confederacy, and for the execution of the orders,
Decrees, etc., of decrees and judgments heretofore rendered by the said courts of the
U.S. courts.
Protection of p a r- United States; and also all latis which may be requisite to protect the
Ue to lte. parties to all such suits, orders, judgments, or decrees, their heirs,
personal representatives, or assignees.
SECTION 2.
Exten of judicial 1. The judicial power shall extend to all cases of law and equity,
arising under this Constitution, the laws of the United States, and of
this Confederacy, and treaties made, or which shall be made, under its
authority ;.to all cases affecting ambassadors, other public ministers and
consuls ; to all cases of admiralty and maritime jurisdiction ; to contro-
versies to which the Confederacy shall be aPparty ; controversies between
*This paragraph amended.. Seepo,p. 9.
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OF THE CONFEDERATE STATES.
1. Treason against this Confederacy shall consist only in levying What constitutes
war against it, or in adhering to its enemies, giving them aid and com- reao how to
ARTICLE IV.
SEOTION 1.
I. Full faith and credit shall be given in each State to the public Thepublicacts,etc..
of the te to have
acts, records, and judicial proceedings of every other State. And the full faitlh and credit.
Congress may, by general laws, prescribe the manner in which such
acts, records, and proceedings shall be proved and the effect of such
proof.
SECTION 2.
1. The citizens of each State shall be entitled to all privileges and Citizens of the
immunities of citizens in the several States. equal pitleges t
2. A person charged in any State with treason, felony, or other Fugitives fromjus-
crime, who shall flee from justice, and be found in another Stite, shall, tice.
on demand of the executive authority of the State from which he fled,
be delivered up, to be removed to the State having jurisdiction of the
crime.
3. A slave in one State, escaping to another, shall be delivered up Fugitive slaves.
on claim of the party to whom said slave may belong by the executive
authority of the State in which such slave shall be found, and in case In cese of abduc-
of any abduction or forcible
y~slave, rescue, full compensation, including the
tlon orfullrescue of
eompeaa-
value of the slave and all costs and expenses, shall be made to the tiou to be made.
party, by the State in which such abduction or rescue shall take place.
SECTION 8.
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PROVISIONAL CONSTITUTION.
ARTICLE V.
ARTICLE VI.
The Constitution, 1. This Constitution, and the laws of the Confederacy which shall
lwofthe Confede-
racy and treaties, the be made in pursuance thereof, and all treaties made, or which shall be
supreme law ofth
land. the made, under the authority of the Confederacy, shall be the supreme
law of the land ; and the judges in every State shall be bound thereby,
any thing in the Constitution or laws of any State to the contrary not-
withstanding.
forming . 2. The Government hereby instituted shall take immediate steps for'
mattersbetween
theAll States
this Government, and the settlement of all matters between the States forming it, and their
their late othenfede other late confederates of the United States in relation to the public
States, to besettled. property and public debt at the time of their withdrawal from them;
these States hereby declaring it to be their wish and earnest desire to
adjust everything pertaining to the common property, common liabili.
ty and common obligations of that union, upon the principles of right,
justice, equity, and good faith.
Beat of Govern- 3. Until otherwise provided by the Congress, the city of Montgom-
meOth cry in the State of Alabama, shall be the seat of Government.
ConOath of members
gresas, Of 4. The members of the Congress and all executive and judicial offi-
and of ex*
ecutive and judicial cers of the Confederacy shall be
officers.Cosiuinbt bound by oath or affirmation to sup.
riouset
No religious test port this Constitution ; but no religious test shall be required as a qual-
required as quatifica- ification to any office or public trust under this Confederacy.
ston for office.
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AMENDMENT
TO THE
PROVISIONAL CONSTITUTION
OF THE
CONFEDERATE STATES.
An Ordinance of the Convention of the Congress of the Confederate States. May 21, 1861.
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CONSTITUTION
OF THI
We, the people of the Confederate States, each State acting in its theconstttion ws
sovereign and independent character, in order to form a permanent ordained and estab-
federal government, establish justice, insure domestic tranquility, and ihed.
secure the blessings of liberty to ourselves and our posterity-invoking
the favor and guidance of Almighty God-do ordain and establish this
Constitution for the Confederate States of America.
ARTICLE I.
SITION 1
All legislative powers herein delegated shall be vested in a Congress Legislative power
of the Confederate States, which shall consist of a Senate and House ve Inconsr.
of Representatives.
SSOTION 2.
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CONSTITUTION OF THE CONFEDERATE STATES.
Vacancies In the
representation; bow
4. When vancancies happen in the representation from any State, the
led. Executive authority thereof shall issue writs of election to fill such
vacancies.
ouse chooses Its 5. The House of Representatives shall choose their Speaker and
officers, and has ppwotner
er of Impeachment. other officers; and shall have the sole power of impeachment ; except
that any judicial or other Federal officer, resident and acting :olely
within the limits of any State, may be impeached by a vote of two-
thirds of both branches of the Legislature thereof.
i5CTION 5
BEOTION IL
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CONSTITUTION OF ThE CONFEDERATE STAT S.
SECTION 5.
1. Each House shall be the judge of the 0 elections, returns, and judge
Eachof eleetions.&e.,
House the
qualifications of its own members, and a majority of each shall con- ofitsown emb .
stitute a quorum to do business ; but a smaller number may adjourn tAu tmjorityto consti-
from day to day, and may be au'horized to compel the attendance of
eaaquorum.
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CONSTITUTION OF THE CONFEDERATE STATES.
like manner as if he had signed it, unless the Congress, by their ad-
journment, prevent its return; in which case it shall not be a law.
The President may approve any appropriation and disapprove any other
appropriation in the same bill. In such case he shall, in signing the
bill, designate the appropriations disapproved; and shall return a copy
of such appropriations, with hig objections, to the House in which the
bill shall have originated ; and the same proceedings shall then be had
as in case of other bills disapproved by the President.
Same as tc resolu- 3. Every order, resolution or vote, to which the concurrence of both
tions, etc. Houses may be necessary, (except on a question of adjournment,) shall
be presented to the President of the Confederate States ; and before the
same shall take effect, shall be approved by him ; or being disapproved
by him, shall be re-passed by two-thirds of both Houses, according to
the rules and limitations prescribed in case of a bil;
SECTION 8.
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CONSTITUTION OF THE CONFEDERATE STATES.
13. To provide and maintain a navy: To provide aNavy.
14. To make rules for the government and regulation of the land and To make rules fcr
Army and Navy.
naval forces :
15. To provide for calling forth the militia to execute the laws of the To provide forcall-
Confederae States, suppress insurrections, and repel invasions: ing out the militia.
16. To provide for organizing, arming, and disciplining the militia, To pruvide for or.
and for governing such part of them as may be employed in the ser- ganizing militia, etc.
vice 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 .
17. To exercise exclusive legislation, in all cases whatsoever, over give To legislation
exercise erclu.
over
such district (not exceeding ten miles square) as may, by cession of seat of gorent
one or more States and the acceptance of Congress, become the seat over the C. S., and
of the government of the Confederate States: and to exercise like cerlain other places.
authority over all places purchasedby the consent of the legislature of
the State in which the same shall be, for the erection of forts, maga-
zines, arsenals, dockyards, and other-needful buildings : and
18. To make all laws which shall be necessary and proper for carry- necessary laws
To makeandallproper
ing into execution the foregoing powers, and all other powers vested to execute otherpow-
by this Constitution in the government of the Confederate States, or er.
in any department or officer thereof.
8E0TION 9.
1. The irportation of negroes of the African race, from any foreign Importation of Afri-
country other than the slaveholding States or Territories of the United can negroes forbid-
States of America, is hereby forbidden ; and Congress is required to
pass such laws as shall effectuallyprevent the same.
2. Congress shall also have power to prohibit the introduction of Introduction of
slaves from any State not a member of, or Territory not belonging to, slaves prohibited.
this Confederacy.
3. The privilege of the writ oflhabeas corpus shall not be suspended, cpus Wrltnotofto khbera
be sus-
unless when in cases of rebellion or invasion the public safety may pended.
require it.
4. No bill of attainder, expost facto law, or law denying or0or impa[i]r- .ill exvpost
of facto
attainder,
laws,
ing the right of property
tL in negro
.0rightslaves shall be passed. or laws impairing
of property in
0. No capitation or other direct tax shall be laid, unless in propor. s prves.
tion to the census or enumeration hereinbefore directed to be taken.
6. No tax or duty shall be laid on articles exported from any State, Notax on articles
exported from an y
except by a vote of two-thirds of both Houses. state.
7. No preference shall be given by any regulation of commerce or NoPreferenCe to
revenue to the ports of one State over those of another. over another.
8. No money shall be drawn from the treasury, but in consequence from Nomoneydrawn
the treasury but
of appropriations made by law ; and a regular statement and account bylaw. teceiptsand
of the receipts and expenditures of all public money shall be published ependitespublih-
from time to time.
9. Congress shall appropriate
0 no money from the treasury except1 Appropriations
money from the trea of
by a vote of two-thirds of both Houses, taken by yeas and nays, unless sury; when author.
it be asked and estimated for by some one of the heads of departments, ,
and submitted to Congress by the President; or for the purpose of
paying its own expenses and contingencies; or for the payment of
claims against the Confederate States, the justice of which shall have
been judicially declared by a tribunal for the investigation of claims
against the government, which it is hereby made the duty of Congress
to establish.
10. All bills appropriating money shall specify -in federal currency Bills a-proprilarln -
e ec
the exact amount'otf each appropriation and the purposes for which it cif,.
money; what to sp
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CONSTITUTION OF THE CONFEDERATE STATES.
noCongress to grant
extra compensa.- is made ; and Congress shall grant no extra compensation to any public
tion to contractors contractor, officer, agent or servant, after such contract shall have been
and officers. made or such service rendered.
Titles of nobility 11. No title of nobility shall be granted by the Confederate States.*
not to be granted, and no person holding any office of profit or trust under them, shall,
Officers of 0. S. not without the consent of the Congress, accept of any present, emolu-
to accept presents
from foreign States. ment, office or title of any kind whatever, from any king, prince, or
foreign state.
Rellgiousfreedom. 12. Congress shall make no law respecting an establishment of
Freedom of speech religion, or prohibiting the free exercise thereof; or abridging the
and of the press. freedom of speech, or of the press ; or the right of the people peace-
Right of petition. ably to assemble and petition the government for a redress of griev-
ances.
Right to bear and 13. A well-regulated militia being necessary to the security of a
keep arms. free state, the right of the people to keep and bear arms shall not be
infringed.
Quartering of 14. No soldier shall, in time of peace, be quartered in any house,
soldiers. without the consent of the owner; nor in time of war, but in a man
ner to be prescribed by law.
Unreasonable 15. The right of the people to be secure in their persons, houses,
searches andecizures papers, and effects, acrainst unreasonable searches and seizures, shall
prohibited. p
not be violated ; and no warrants shall issue but upon probable cause,
sue but on oath, supported by oath or affirmation, and particularly describing the place
to be searched. and the persons or things to be seized.
Trials for capital 16. No person shall be held to answer for a capital or otherwise
offences or infamous infamous crime, unless on a presentment or indictment of a grand
crimes.
jury, except in cases arising in the land or naval forces, or in the
No one tobe twice militia, when in actual service in time of war or public danger; nor
putin jeopardy of life shall any person be subject for the same offence to be twice put in
or limb for same of-
fence, jeopardy of life or limb; nor be compelled, in any criminal case, to be
Private property a witness against himself; nor be deprived of life, liberty, or property
not to be taken with- without due process of law ; nor shall private property be taken for
oatcompensali6n. public use, without just compensation.
Trial by jury in 17. In all criminal prosecutions, the accused shall enjoy the right to
criminal cases, a speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses
against him : to have compulsory process for obtaining witnesses in his
favor; and to have the assistance of counsel for his defence.
Trial by jury in 18. In suits at common law, where the value in controversy shall
si;,lcases. excesd twenty dollars, the right of trial by jury shall be preserved; and
EKeessive baUinot no fact so tried by a jury shall be otherwise re-examined in any court
to be required,
excessive nor of the Confederacy, than according to the rules of common law.
fines Irn-
posed or pnishment 19. Excessive bail shall not be required, nor excessive fines imposed,
Laws to relate to nor cruel and unusual punishments inflicted.
but one subject tube 20. ]E"very law, or resolution having the force of law, shall relate to
expressed in thetitle. but one subject, and that shall be expressed in the title.
SECTION 10.
Linitatlion of the 1. No State shall enter into any treaty, alliance, or confederation
py'ersoftbc~ates, grant letters of marque and reprisal ; coin money ; make any thing but
gold and silver coin a tender in payment of debts; pass any bill of
attainder, or ex post facto law, or law impairing the obligation of con-
tracts, or grant any titte of nobility.
2. No State shall, without the consent of the Congress, lay any
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CONSTITUTION OF THE CONFEDERATE STATES.
imposts or duties on imports or exports, except what may be absolutely
necessary for executing its inspection laws; and the nett produce of all
duties and imposts, laid by any State on imports or exports, shall be for
the use of the Treasury of the Confederate States ; and all such laws
shall be subject to the revision and control of Congress.
3. No State shall, without the consent of Congress, lay any duty on
tonnage, except on sea-going vessels, for the improvement of its rivers
and harbors navigated by the said vessels; but such duties shall not
conflict with any treaties of the Confederate States with foreign nations;
and any surplus revenue, thus derived, shall, after making such im-
provement, be paid into the common treasury. Nor shall any State
keep troops or ships-of-war in time of peace, enter into any agfeement
or compact with another State, or with a foreign power, or engage in
war, unless actually invaded, or in such imminent danger as will not
admit of delay. But when any river divides or flows through two or
more States, they may enter into compacts with each other to improve
the navigation thereof.
ARTICLE II.
SE0TION 1.
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CONSTITUTION OF THE CONFEDERATE STATES.
then the Vice President shall act as President, as in case of the death,
or other constitutional disability of the President.
Election of Vice 4. The person having the greatest number of votes as Vice Presi-
President. dent, shall be the Vice President, if such number be a majority of the
whole number of electors appointed; and if no person have a majority,
then, from the two highest numbers on the list, the Senate shall choose
the Vice President; a quorum for the purpose shall consist of two-
thirds of the whole number of Senators, and a majority of the whole
number shall be necessary to a choice.
Person
office of ineligible
Vice Presi-to 5. But no person constitutionally ineligible to the office of President
dent. shall be eligible to that of Vice President of the Confederate States.
Congress to pre- 6. The Congress may determine the time of choosing the electors,
scribe timeochs.C
ig electors, andooh and the day on which they shall give their votes; which day shall be
day they vote. the same throughout the Confederate States.
Eligibility to the of- 7. No person except a natural born citizen of the Confederate States,
fice of President. or a citizen thereof at the time of the adoption of this Constitution, or
a citizen thereof born in the United States prior to the 20th of Decem-
ber, 1860, shall be eligible to the office of President; neither shall any
person be eligible to that office who shall not have attained the age of
thirty-five years, and been fourteen years a resident within the limits
of the Confederate States, as they may exist at the time of hiselection.
act Vice
whenPresident
o ffi aofjto 8. In case of the removal of the President from office, or of his
Preldentvaant. of death, resignation, or inability to discharge the powers and duties of
the said office, the same shall devolve on the Vice President ; and the
Congress may, by law, provide for the case of removal, death, resig-
nation, or inability, both of the President and Vice President, declaring
what officer shall then act as President; and such officer shall act
accordingly, until the disability be removed or a President shall be
elected.
theCotopensationof
President. 9. The President shall, at stated times, receive for his services a corn-
pensation, which shall neither be increased nor diminished during the
period for which he shall have been elected ; and he shall not receive
within that period any other emolument from the Confederate States,
or any of them.
Oath to betakenby
President.
10. Before he enters on the execution of his office, he shall take the
following oath or affirmation:
"I do solemnly swear (or affirm) that Ii will faithfully execute the
office of President of the Confederate States, and will, to the best of
my ability, preserve, protect, and defend the Constitution thereof."
SECTION 2.
Powers and duties 1. The President shall be commander-in-chief of the army and navy
of the President. of the Confederate States, and of the militia of the several States, when
called into the actual service of the Confederate States ; he may require
the opinion, in writing, of the principal officer in each of the executive
departments, upon any subject relating to the duties of their respective
May grantreprieves offices; and he shall have power to grant reprieves and pardons for offen-
ces against the Confederate States, except in
cases of impeachment.
May make treaties 2. He shall have power, by and with th3 advice and consent of the
vYicand nwithenthe Senate, to make treaties ; provided two-thirds of the Senators present
ad-of
Congress. concur ; and he shall nominate, and by and with the advice and consent
of the Senate, shall appoint ambassadors, other public ministers and
Appointmeents to consuls, judges of the Supreme Court, and all other officers of the Con-
oficc. federate States whose appointments are not herein otherwise provided
for, and which shall be established by-law; but the Congress may, by
law, vest the appointment of such inferior officers, as they think proper,
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CONSTITUTION OF THE :CONFEDERATE STATES.
1. The President shall, from time to time, give to the Congress in- President to give
,formation of the state of the 'Confederacy, and recommend to their Congress
of informatin
the State of the
,consideration such measures as he shall judge necessary and expedient; Confederacy.
he may, on extraordinary occasions, conveni both Houses, or either gress Mayonconvene Con-
extraordlna
-of them; and in case of disagreement between them, with respect to ryoccasions.
the time of adjournment, he may adjourn them to such time as he When he may ad-
shall think proper; he shall receive ambassadors and other public Shal receive am-
shalball dreciv andm.s
ministers; he shall take care that the laws be faithfully executed, and lrs~aand mis
4hall commission all the officers of the Confederate States. officers.
8E0'tION 4.
1. The President, Vice President, and all civil officers of the Con- Removals from of-
federate States, shall be removed from office on impeachment, for and by' Impeachment
and conviction of
.conviction of, treason, bribery, or other high crimes and misdemeanors, crimes.
ARTICLE III.
SEOTION 1.
1. The judicial power of the Confederate States shall be vested in Judicial power
0s may,
one Supreme Court, and in such inferior courts as the Congress mypreme inee Su-
one etc.
Court,
from time to time, ordain and establish. The judges, c)both of the Term of office and
compensation of
Supreme and inferior courts, shall hold their offices during good iudge.
'behavior, and shall, at stated times, receive for their services a coin-
pensation which shall not be diminished during their continuance in
-office.
SECMION 2.
1. The judicial power shall extend to all cases arising under this Extent of the Jtdl.
Constitution, the laws of the Confederate States, and treaties made, or clal power.
which shall be made, under their authority; to all cases affecting am-
bassadors, other public ministers and consuls; to all cases of admiralty
and maritime jurisdiction ; to controversies to which the Confederate
States shall be a party ; to controversies between two or more States.;
between a State and citizens of another State, where the State is plain-
tiff; between citizens claiming lands under grants of different States ;
and between a State or the citizens thereof, and foreign states, citizens
or subjects; but no State shall be sued by a citizen or subject of any
foreign state.
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CONSTITUTION OF THE CONFEDERATE STATES.
Supreme
Whenh as
Court original 2. In all cases affecting ambassadors, other public ministers and con-
when suls, and those in which a State shall be a party, the Supreme Court
jurisdiction;
apellate. shall have original jurisdiction. In all the other cases before men-
tioned, the Supreme Court shall have appellate jurisdiction both-as to
law and fact, with such exceptions and under such regulations as the
Congress shall make.
All cr mes to be 3. TL'he trial of all crimes, except in cases of impeachment, shall be
tried by jury. b urv an selh ie
Where such trials by ial shall be held in the State where the said crimes
to be. shall have been committed; but when not committed within any State,
the trial shall be at such place or places as the Congress may by law
have directed-
SEOTION 8:
What constitutes 1. Treason against the Confederate States shall consist only in levy-
be proved. ing war against them, or in adhering to their enemies, giving them aid
and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.
Congress
scribe to pre-
punishment of 2. The Congress shall have power to declare the punishment of
treason. Not towork treason; but no attainder of treason shall work coiruption of blood, or
corruption of blood, forfeiture, except during the life of the person attainted.
etc.
ARTICLE IV.
SEMlON T.
InCredit to to
one fltate be public
given 1. Full faith and credit shall be given in each State to the public
acteto puoler acts, records, and judicial proceedings of every other State. And the
cto, et,., of another. t
Congress may, by general laws, prescribe the manner in which such
acts, records, and proceedings shall be proved, and the effect thereof.
SECTION 2.
Citizens of each 1. The citizens of each State shall be entitled to all the privileges
State entitled to privi-
and
leges, etc., In other immunities of citizens in the several States ; and shall have the
States, right of transit and sojourn in any State of this Confederacy, with
their slaves and other property; and the right of property in said slaves
shall not be thereby impaired.
Fugitives from jus- 2. A person charged in any State with treason, felony, or other
tice. crime against the laws of such State, who shall flee from justice, and
be found in another State, shall, on demand of the executive authority
of the State from which he fled, be delivered up; to be removed to the
State having jurisdiction of the crime.
fgitive slaves. 3. No slave or other person held to service or labor in any State or
Territory of the Confederate States, under the laws thereof, qscaping
or lawfully carried into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor: but shall
be delivered up on claim of the party to whom such slave belongs, or
to whom such service or labor may be due.
SECTION 8.
New States may 1. Other States may be admitted into this Confederacy by a vote of
Cnedttecny two-thirds of the whole House of Representatives and two-thirds of
the Senate, the Senate voting by States; but no new State shall be
formed or erected within the jurisdiction of any other State ; nor any
State be formed by the' junction of two or more States) or parts of
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CONSTITUTION OF 'THE CONFEDERATE STATES. 21
ARTICLE V.
SECTION 1.
1. Upon the demand of any three States, legally assembled in their bMode of amendirg
several conventions, the Congress shall summon a convention of all the Constitution.
the States, to take into consideration such amendments to the. Consti-
tution as the said States shall concur in suggesting at the time when
the said demand is made; and should any of the proposed amendments
to the Constitution be agreed on by the said convention-voting by
States-and the same be ratified by the legislatures of two-thirds of
the several States, or by conventions in two-thirds thereof-as the one
or the other mode of ratification may be proposed by the general con-
vention-they shall thenceforward form a part of this Constitution.
But no State shall, without its consent, be deprived of its equal repre-
sentation in the Senate.
ARTICLE VI.
2. All debts contracted and engagements entered into bfore the Debts, etc., hereto-
adoption of this Constitution shall be as valid ,gainst the Confederate fore contracted, valid
States under this Constitution, as under the Provisional Government.
againstC.S.
3. This Constitution, and the laws of the Confederate States made What i. the ,u.
in pursuance thereof, and all treaties made, or which shall be made, prernelaw of the
under the authority of the Confederate Stales, shall be the supremeland.
law of the land ; and the judges in every State shall be bound there-
by, auything in the Constitution or laws of any State to the contrary
notwithstanding.
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CONSTITUTION OF THE CONFEDERATE STATES.
ARTICLE VIr.
-Raification of this 1. The ratification of the conventions of five States shall be sufficient
Ceestitution. for the establishment of this Constitution between the States so ratify-
ing the same.
Congress, under 2..-When five States shall have ratified this Constitution, in the-
silatrotopalecrib mant ner before specified, the Congress tinder the Provisional Constitu-
time for holding tion shall prescribe the time for holding the election of President and
election of President
and Vice President, Vice President; and for the meeting of the Electoral College ; and for
meeting of the eieo- counting the votes, and inaugurating the President. They shall, also,.
tes, etc.. and time
for holding first elec- prescribe the time for holding the first election of members of Congress
tion of members of
Congress. under this Constitution, and the time for assembling the same. Until
the assembling of such Congress, the Congress under the Provisional
How long Congress Constitution shall continue to exercise the legislative powers granted-
under theProvisional them not extendkig beyond the time limited by the Constitution or
Constitution to exer-
else power. the Provisional Government.
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CONSTITUTION OF THE CONFEDERATE STATES.
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Intentional Blank
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THE
CONFEDERATE STATES.
STATUTE I.
CHAPTERI.-An Act to continue in force certain laws of the United States of America. February 9, 1361.
Cnap. II.-An Act to continue in office the Officers connected with the Collection of the Cut- February 14,1861.
toms in the Confederate States of America.
Custom
Be it enacted by the Confederate States of America in Congress c er nouse
s and
offnt
assistant
assembled, That the several officers who, at the time of the adoption of treasurers, continued
the Constitution of the Provisional Government of these states, held inoffice.
and exercised any office connected with the collection of the customs,
duties and imposts in the several states of this Confederacy, or as assis- See resolution of
tant treasurers entrusted with keeping the moneys arising therefrom, Feb. 14,1361.
are hereby appointed to the several offices which at the said date they
respectively held; and they shall have the same powers, be subject to Theirsalaries, fees,
the same duties, and be entitled to the same salaries, fees and emolu- etc.
ments as are set forth and provided in and by the laws of the United
States of America, until the first day of April next: Provided, That
the maximum of compensation which each collector shall receive from
all sources shall nut exceed the rate of five thousand dollars per annum.
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PROVISIONAL CONGRESS. SESS. I. CH. 3, 4. 1861.
Toexecutebond. SEC. 2. Each collector so appointed shall, within two weeks from
the date of this act, execute to the Confederate States of America a
bond in the same amount and subject to a like condition with his last
bond to the United States of America, with sureties to be approved by
a judge of any superior or circuit court of the state where such col-
lector is located. And each of the other officers shall, within one week
after the collector shall have entered upon the discharge of his duties,
execute to the Confederate States of America a bond in the same
amount and subject to the like condition with his last bond to the United
States of America, (in case he was required to execute a bond,) with
sureties to be approved by the collector of the port where such office
is located.
And take certain SEC. 3. The said several officers shall take an oath before a magis-
eaths. trate, well and faithfully to discharge the duties of his office, and to
support the constitution of the Provisional Government of the Confed-
erate States of America; which said oath shall be endorsed upon the
Where bond to be bond; and the bond shall be filed in the office of the Secretary of the
filed. Treasury, or in such other place as he may direct.
ADOPTED February 14, 1861.
February 18, 1861. CasP.Il.'-An Act to exempt from duty certain commodities therein named, and for other
purposes.
February 20,1861. CmkP. IV.-An Act to provide Munitions of War. and for othar purposes.
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PROVISIONAL CONGRESS. SEss. I. CH. 5, 6,7. 1861.
to make contracts provided for in this act, in such manner and on such
terms as in his judgment the public exigencies may require.
APPROVED February 20, 1861.
CHAp. V.-An Act to authorize the Presidentto appoint a Private Secretary. February 20,1361.
C0AP. VT.-An Let to dhtermine the Salaries of the Vice President and of the Heads of De' February 21,1061.
partments.
The Congress of the Confederate States of America do enact, That Salaries of the Vice
the annual compensation of the Vice President, and of the Secretaries P... eamtand Headw
General,
of State, of the Treasury, of War, of the Navy, the Postmaster
and the Attorney General, shall be at the rate of six thousand dollars,
payable quarterly in advance.
APPRovED February 21, 1861.
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PROVISIONAL CONGRESS. SESS. I. CH. 8. 1861.
To keep and affxkeep the great seal of the Confederate States, and to make out and
tbe seal of the C.S. record and affix said seal to all civil commissions to officers of the Con-
federate States to be appointed by the President, by and with the
advice of the Congress, or by the President alone: Provided, That said
seal shall not be affixed to any commission befcre it is signed by the
President, nor to any other instrument or act without the special war-
rant of the President therefor. The said secretary shall also cause a
To cause a seal to seal of office to be made for said department, of such device as the
be made for his De-
partment; authentica- President shall approve ; and all copies of records and papers in said
tionofrecords under office, authenticated under the said seal, shall be evidence equally as
the original record or
paper.
Clerks In State De- SEC. 3. Be it further enacted, That there shall be in the said depart.
partment; their com-
pensation, and oath ment a chief clerk, to be appointed by the secretary, and such other
of office, clerks as from time to time may be found necessary and authirized by
the Congress, who shall receive a compensation for their services to be
fixed by law : and the Secretasy of State, and every other person to be
appointed or employed in said department, shall, before he enters on
the execution of his office, or employment, take an oath or affirmation
well and faithfully to execute the trust committed to him.
Fees of office. SEC. 4. Be it further enacted, There shall be paid to the secretary,
for the use of the Confederate States, the following fees of office, by
the persons requiring the services to be performed, except when they
are performed for any officer of the Confederate States in a matter re.
lating to the duties of his office, to-wit: For making out and authenti-
cating copies ot records, ten cents for each hundred words; for authen-
ticating a copy of a record or paper, under the seal of office, one dollar.
SEC. 5. .1nd be it further enacted, This act shall be in force and
take effect from and after its passage.
APPROVED February 21, 1861.
February 21, 1861. Cusp. VIfl.-An Act etablsh the Treasurj Departmat.
Treasury Depart- The Congress of the Confederate States of America do enact, That
mentestablisbed. there shall be an executive department known as the Department of
OfficersIn said De- Treasury, in which shall be the following officers, namely : A Secre-
partment. tary of the Treasury, to be deemed the head of the department;
a
Comptroller, an Auditor, a Register, a Treasurer, and an Assistant to
the Secretary of the Treasury, which assistant shall be appointed by
the said Secretary; all of which officers shall receive such salaries,
respectively, as may be provided by law.
Duties of Secretary SEC. 2. And be it further enacted, That it shall be the duty of the
©ftheTreasury. Secretary of the Treasury to superintend the collection of the public
revenue; to digest and prepare plans for the improvement and man-
agement thereof, and for the support of the public credit ; to prepare
and report estimates of the public revenue and the public expenditures;
to decide on the forms of keeping and stating accounts and making
returns, and to grant, under the limitations herein established or to be
hereafter provided, all warrants for moneys to be paid into the Treasury,
and all warrants for moneys to be issued from the Treasury, in pursu-
ance of appropriations by law; to execute such services relative to the
sale of the public property belonging to the Confederate States as by
law may be required of him ; to make reports and give information to
the Congress or the President-in person or in writing, as may be
required-concerning all matters referred to him by the Congress or
the President, respectively, and which shall appertain to his office ; and
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PROVISIONAL CONGRESS. SESs. I. CH. 8. 1861.
generally to perform all such services relative to the finances, and all
such otber duties, as he may by law be directed to perform.
SE:. 3. Ad be itfurtierenacted, That the Secretary of the Treasury Mayappoint clerks;
shall havp power to appoint a chief clerk, and also such other clerks, their compensation.
from time to time, as he may deem necessary, and Congress may author-
ize by law, which officers shall respectively receive such compensation
as may be provided by law.
SEC. 4. ./nd be itffurther enacted, That the Secretary of the Treasury Shall
cl procure an
shall cause to be procured an official seal for the Department of offi al seal.
Treasury, to be approved by the President; and copies of 611 official Copies of records,
papers or recorls in said department, certified under the seal thereof, celved asevidence.
shall be receive-" in evidence in all the courts of the Confederate States,
in lieu of such original papers or records.
SEc. 5. ind be itfurther enacted, That it shall be the duty of the Duties of Assistant
Assistant Secretary of the Treasury to examine all letters, contracts, retary of Treas-
and warrants prepared for the signature of the Secretary of the Treasury,
and perform all such other duties as may be devolved on him by law or
by the Secretary of the Treasury. Duties of the Comp-
SEc. 6. -1nd be itfurther enacted, That it shall be the duty of the troller.
Comptroller to superintend the adjustment and preservation of the
public accounts; to examine all accounts settled by the Auditor, and
certify the balances arising thereon to the Register ; to countersign all
warrants drawn by the Secretary of the Treasury which shall be author-
ized by law; to report to the Secretary the official forms of all papers
to be issued in the different offices for collecting the public reyenue,
and the manner and form of keeping and stating the accounts of the
several persons employed therein. He shall, moreover, provide for the
regular and punctual payment of all moneys which may be collected,
and shall direct prosecutions for all delinquencies of officers of the reve-
nue, and for debts that are or shall be due to the Confederate States.
Snc. 7. And be it further enacted, That it shall be the duty of the Duties of the Audi-
Auditor to receive all public accounts, and after examination to certify tor.
the balance, and transmit the accounts, with the vouchers and certifi-
cate, to the Comptroller for his decision thereon: Provided,That if any
person whose account shall be so audited be dissatisfied therewith, he
may appeal to the Comptroller against such settlement.
SEc. 8. .nd be it further enacted, That the Auditor of the public Auditor may ad-
accoants shall be empowered to administer oaths or affirmations to minister oaths.
witnesses, in any case in which he may deem it necessary or proper
for the due examination of the accounts with which he may be charged. Duties of te Re-
SEC. 9. .nd be it further enacted, That it shall be the duty of the glster.
Register to keep all accounts of the receipts and expenditures of the
public money, and of all debts due to or from the Confederate States;
to receive from the Comptroller the accounts which shall have been
finally adjusted, and to preserve such accounts, with their vouchers
and certificates; to record all warrants for the receipt or payment of
moneys at the Treasury, certify the same thereon, and to transmit to
the Secretary of the Treasury copies of the certificates of balances of
accounts adjusted as herein directed.
S Ec. 10. And be it further enacted, That it shall be the duty of the Duties oftheTrcas-
Treasurerto receive and keep the moneys of the Confederate States' and urer.
to disburse the same upon warrants drawn by the Secretary of the Treas-
ury, countersigned by the Comptroller, and recorded by the Register, and
not otherwise ; he shall take receipts for all moneys paid by him, and all
receipts for moneys received by him shall be endorsed upon warrants
signed by the Secretary of the Treasury, without which warrant, so
signed, no acknowledgment for money received into the public Treas.
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PROVISIONAL CONGRESS. SEss. I. CH. 9. 186f.
ury shall be valid. And the said Treasurer shall render his accounts
to the Comptroller quarterly, or oftener if required, and shall transmit
a copy thereof, when settled, to the Secretary of the Treasury. He
shall, at all times, submit to the Secretary of the Treasury and the
Comptroller, or either of them, the inspection of the books and records
in his office, and of all moneys in his hands; and shall, prior to enter-
ing upon the duties of his office, give bond, with good and sufficient
sureties, to be approved by the Secretary of the Treasury and Comp-
troller, in the sum of one hundred and fifty thousand dollars, payable to
the Confederate States of America, with condition for the faithful per-
formance of the duties of his office, and for the fidelity of the persons
to be by him employed, which bond shall be lodged in the office of the
Comptroller.
Prohibition upon SEc. 11. .dnd be itfurther enacted, That no person appointed to any
persons appointed to office instituted by this act shall, directly, or indirectly, be concerned
0Meunder this act.
or interested as owner in whole or in part of any sea-vessel ; or pur-
chase, by himself or another in trust for him, any public property or
forfeited goods ; or be concerned in the purchase or disposal of any
public Securities of any State or of the Confederate States ; or take or
apply to his own use any emolument or gain for negotiating or transact-
ing any business in the said department, other than what shall be
Penalty for breach allowed by law. And if any person shall offend against any of the
of the prohibitions of prohibitions of this act, he shall be guilty of a high misdemeanor, and
the law. forfeit to the Confederate States the penalty of three thousand dollars,
and shall, upon conviction, be removed from office and forever there-
after be incapable of holding any office under the Confederate States :
Provided, That if any other person than a public prosecutor shall give
information of any such offence, upon which a prosecution and convic-
tion shall be had, one-half of the aforesaid penalty of three thousand
dollars, when recovered, shall be for the use of the person giving such
information.
APP~ovED February 21, 1861.
February 21, 1861. CHAP. IXX-An Act to establish the War Department.
Wa r D epartent
established.
The Congress of the Confederate States of America do enact, That
an executive department be, and the same is hereby established, under
the name of the War Department, the chief officer of which shall be
called the Secretary of War.
of War. To have SEC. 2. Be it further enacted, That said Secretary shall, under the
c:harge of all
connected withmatters
army direction and control of the President. have charge of all matters and
cld Indian Tribes. 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
Isy appoint clerks. assigned to him by the President.
SEC. 3. .dnd be it further enacted, That the Secretary of said de-
partment is hereby authorized to appoint a chief clerk thereof, and as
many inferior clerks as may be found necessary and may be authorized
by law.
APPROVED February 21, 1861.
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-PROVISIONAL CONGRESS. SESS, 1. CH. 10, 11, 12. 1861. 33
CBAP. X.- An .Act to establish the Navy Department. February 21, 1861.
'direction and control of the President, have charge of all matters and
-hings connected with the Navy of the Confederacy, and shall perform
•all.such duties appertaining to the navy as shall, from time to time, be
assigned to him by the President.
SEC. 3. Be it further enacted; That said Secretary shall be author-
•ized to appoint a chief clerk and such other clerks as may be found
;necessary and be authorized by law.
APPROVED February 21, 1861.
CHAP. Xi.-To establish the Post Office Department February 21, 1861.
-2he Congress of the Confederate States of America do enact, That Post Office Depart-
there shall be an executive department, to be denominated the Post ment established.
'Office Department, and there shall be a principal officer therein, to be
called the Postmaster General, who shall perform such duties in rela- Daties of the Po--
"t"r
tion to post offices and post routes, as shall •be enjoined on him by the sal ary. General.
His
Oa . XU1.-An Act to organize and establishan Ezcutive Department, to be kn-own as the February 21, 1961.
Department of Justice.
shall be concerned, and to give his advice and opinion upon questions
of law, when required by the President of the Confederate States, or
when requested by any of the heads of departments, touching any mat.
ters that may ccncern their departments on subjects before them. He supervisory pwer
over accounts of
shall also have supervisory power over the accounts of the marshals, marshals ad er
clerks and officers of all the courts of the Confederate States, and all of the courts.
.claims against the Confedeiate States.
APPROVED February 2-1, 1861.
3
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PROVISIONAL CONGRESS. SEss. I. Cu. 13. 186t,
February V3,1861. CHAP.XIII.-An Act to prescribe the Rates of Postage in the Confederate States of America,
and for other purposes.
Rates of pos t age The Congress of the Confederate States of America do enact, That
established. from and after such period as the Postmaster General may by procra-
mation announce, there shall be charged the following rates of postage,
letter.
On single to-wit : For every single sealed letter, and for every letter in manuscript
or paper of any kind, upon which information shall be asked for or
communicated in writing, or by marks or signs, conveyed in the mail
for any distance between places within the Confederate States ofAmerica,
not exceeding five hundred miles, five cents; and for any distance
What deemed a exceeding five hundred miles, doible that rate; and every letter or
~uigleletter. parcel not exceeding half an ounce in weight shall be deemed a single
letter, and every additional weight of half an ounce, or additional
weight of less than half an ounce, shall be charged with an additional
What packages single postage ; and all packages containing other than printed or written
rated by weight. matter-and money packages are included in this class-shall be rated
by weight as letters are rated, and shall be charged double the rates of
Drop letters, postage on letters ; and all drop letters, or letters placed in any post-
office not for transmission, but for delivery only, shall be charged with
Postage pre-paid postage at the rate of two cents each ; and in all the toregoing cases
~
sp the postage must be pre-paid by stamps ; and allletters which shall
hereafter be advertised as remaining over or uncalled for in any post-
Additional postage office, shall be charged with two cents each in addition to the regular
eta letters advertised.
postage, both to be accounted for as other postages of this Confederacy.
Postage on news- SEC. 2. tnd be it further enacted, That all newspapers not exceeding
papers sent from the
office o1 publicatloi three ounces in weight, sent from the office of publication to actual and
to subscribers. bona fide subscribers, shall be charged with postage as follows, to-wit:
The postage on the regular numbers of a newspaper published weekly,
within the State where published, shall be six and one-half cents per
quarter; and papers published semi-weekly, double that rate; and
papers publisned thrice a week, tr-ble that rate ; and papers published
daily, six times that rate; and the postage on all newspapers to actual
subscribers without the State where published, shall be charged double
On perioditals so the foregoing rates. And periodicals sent from the office of publication
Lent to actual and bona fide subscribers, shall be charged with postage as
follows, to wit: The postage on the regular numbers of a periodical
not exceeding one and a half ounces in weight and published monthly,
within the State where published, shall be three cents per quarter ; if
published semi-monthly, double that rate; and for every additional
ounce or fraction of an ounce, double the foregoing rates shall be
charged; and periodicals published quarterly or bi-monthly shall be
charged one cent an ounce; and the postage on all periodicals without
the State where published shall be double the above specified rates; and
regular subscribers to newspapers and periodicals shall be required to
On other newspa- pay one quarter's
q r
postage in advance. And there shall be charged upon
pers and lwriodicals,
circulars handbills: every other newspaper, and each circular not sealed, handbill, engrav-
engravings, etc. ing, pamphlet, periodical and magazine, which shall be unconnected
with any manuscript or wrttten matter, not exceeding three ounces in
weight, two cents; and for each additional ounce or fraction of an
ounce, two cents additional ; and in all cases the postage shall be pre-
On books,beund or paid by stamps. And books, bound or unbound, not weighing over
unbotmd, four pounds, shall be deemed mailable matter, and shall be charged
with postage, to be pre paid by stamps, at two cents an ounce for any
Publisheremaysend distance. The publishers of newspapers or periodicals may send to
publications to each
other, free ofpos.ge. each other, from their respective offices of publication, free of postage,
one copy of each publication.
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PROVISIONAL CONGRESS. SEss. I. CH. 13. 1861.
. SE.. 3. And be it further enacted, That it shall be the duty of the Post- Deputy postmas-
master General to provide and furnish to all deputy postmasters, and to all ters, and oher per-
other persons applying and paying 00 therefor, suitable postage 0and stamps with stamped
postage stamps
envel-
and stamped envelopes, of the denomination of two cents, five cents, opes.
and twenty cents, to facilitate the pre-payment of postages provided for
in this act; and any person who shall forge or 0or counterfeit any postage Penalty for forging
counterfeiting
stamp provided or furnished under the provisions of this or any former postage stamps.
act, whether the same are impressed or printed on or attached to
envelopes or not, or any die, plate, or engraving
o rsingtherefor, or shall make Or for making,
or possessing,
or print, or knowingly use or sell, or have in his possession, with intent forged or counter-
to use or sell, any such false, forged or counterfeited die, plate, engrav- feiteddles, plates, etc.
ing or postage stamp, or who shall make or print, or authorize or
procuie to be made or printed, any postage stamps of the kind provided
and furnished by the Postmaster General as aforesaid, without the
especial authority and direction of the Post Office Department, or who,
after such postage stamps have 0 been printed, shall, with intent to postage Or for delivering
stamps with-
defraud the revenues of the Post Office Department, deliver any out authority.
postage stamps to any person or persons, other than such as shall be
authorized to receive the same by an instrument of writing, duly exe-
cuted under the hand of the Postmaster General and the seal of the
Post office Department, shall, on conviction thereof, be deemed guilty
of felony, and be punished by a fine not exceeding five hundred dollars,
or by imprisonment not exceeding five years, or by both such fine and
imprisonment; and the expenses of procuring and providing all such
postage stamps and letter envelopes as are provided for or authorized
by this act, shall be paid, after being adjusted by the Auditor of the
Post-Office Department, on the certificate of the Postmater General, out
of any money in the treasury arising from the revenues of the Post
Office Department.
SEc. 4. .,nd be it further enacted, That it shall be the duty of every Postmasters to de-
postmaster to cause to be defaced, in such manner as the Postmaster face p,,stage stamps
General shall direct, all postage stamps of this Confederacy attached toattached
to letters.
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PROVISIONAL CONGRESS. Srss.. I. Cn. 14. 1861.
exclusively to the business of their respective offices or to the business
of the Post Office Department but in every such case the deputy post-
master sending any soch letter or package shall endorse thereon, over;
Penalty on these his own signature, the words " Post Office Business," and for any and
officers f or making
false endorsements every such endorsement falselydollars.
made, the person making the same shall
an letters, etc. forfeit and pdy three hundred
Act establishing
l etter registration SEC. 6. .dnd be it further enacted, That the third section of an act en-
letem, repealedt titled "An act further to amend an act entitled ' An act to reduce and
modify the rates ot postage in the United States, and for other purposes,
passed March third, eighteen hundred and fifty-one,' " approved March
3d, 1855, whereby the letter registration system was established, be and
is hereby repealed, from and after the day when this act goes into effect.
Express and other SEC. 7. Be it further enacted, That no letters shall be carried by the
thartered companies
prohibited
rylng fromunless
letters express
car. by ei or other chartered companies, unless the same shall be pre-paid
postage pre-pald. by being enclosed in a stamped envelops of this Confederacy; and any
Penalty for viola- company violating the provisions of this act shall forfeit and pay the
tioli. sum of five hundred dollars for each offence, to be recovered by action
of debt in any court of this Confederacy having cognizance thereof, in
the name and for the use of this Confederacy.
SEC. 8. Be it further enacted, That the Postmaster General of the Con-
federate States be and is hereby authorized to make all necessary arrange-
Transmission of ments for the transmission of mails between the territories of this and
mails between the ter-
ritories, other governments, subject to the approval of the President, until postal
treaties can be effected.
APPROVED February 23, 1861.
ebruary 25, 1861. CuAP. XIV.-An Act to declare and establish the Free Navigation of the Mississippi River.
Navigation of the The Congress of the Confederate States of America do enact, That
Mississ ppl river de-
clared free. the peaceful navigation of the Mississippi river is hereby declared free
to the citizens of any of the States upon its borders, or upon the bor-
Regulations
vessels the ders of its navigable tributaries; and all ships, boats, rafts or vessels
navigatingfor
same. may navigate the same, under such regulations as may be established
by authority of law, or under such police regulations as may be estab-
lished by the States within their several jurisdictions.
Vessels entering SEC. 2. Be it further enacted, All ships, boats, or vessels, which may
said river within the enter the waters of the said river within the limits of this Confederacy,
limits of the Confed-
eracy may pass to from any port or place beyond the said limits, may freely pass with
anyplace beyond saidanote plcthlits hs n
ianits with heir car- their cargoes to any other port or place beyond the limits of this Con-
goes, without any du- federacy without any duty or hindrance, except light money, pilotage,
ty, except light mon-
I
ey, pilotage, &e; but and other like charges ; but it shall not be lawful for any such ship,
ont to sell or dispo-e boat, or vessel to sell, deliver, or in any way dispose of azy part of her
of any part of'cargo
in this Confederacy. cargo, or land any portion thereof for the purpose of sale and delivery
within the limits of this Confederacy ;. and in case any portion of such
cargo shall be sold or delivered, or landed for that purpose, in violation
of the provisions of this act, the same shall.be forfeited, and shall be
seized and condemned by a proceeding in admiralty before the court
having jurisdiction of the same in the district in which the same may-be
Penalty for viola- found; and the ship, boat, or vessel shall forfeit four times the amount of
tion; howreceived. the value of the duties chargeable on the said goods, wares, or merchan-
dise so landed, sold, or disposed of in violation of the provisions of this
act, to be recovered by a proper proceeding in admiralty before the said
court, in the district in which such ship, boat, or vessel may be found,
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PROVISIONAL CONGRESS. SESS. I. CH. 14. 1861.
one-half for the useof the collector of the district who shall institute and
conduct such proceeding, the other half for the use of the Government
of the Confederate States: Provided, That if adIr such ship, boat, or Ec strandd or dis-
vessel shall be stranded, or from any cause become unable to proceed on abled vessels.
its voyage, the cargo thereof may be landed and the same may be entered
at the nearest port of entry, in the same manner as goods, wares, and
merchandise regularly consigned to said port; and the person so en-
tering the same shall be entitled to the benefit of drawback of duties
or of warehousing said goods, wares and merchandise as provided by
law in other cases.
SEC. 3.. And be it further enacted, If any person having the charge ingPenalty for break-
open, unpacking,
of or being concerned in the transportation of any goods, wares, or suming exchanging or con-
merchandise,
merchandise upon the said river, shall, with intent to defraud the rev- enteredfor tras-.
enue, break open or unpack, within the limits of the Confederate States, portation.
any part of the merchandise entered for transportation beyond the said
limits, or shall exchange or consume the same, or with like intent shall Breaking or defaclng
break or deface any seal or fastening placed thereon by any officer of any sealor fastening.
the revenue, or if any person shall deface, alter, or forge any certifi- Oefaclng or forging
aforesaid, rtificates.
cate granted for the protection of merchandise transported as
each and every person so offending shall forfeit and pay five hundred
dollars, and shall be imprisoned not less than'one nor more than six
months, at the discretion of the court before -which such person shall
be convicted.
SEC. 4. Be it further enacted, In case any ship, boaf, or vessel shall I Masters,&c.,ofves-
eels entering waters
enter the waters of the said river within the limits of the Confederate oftheMississippimay
States, having on bohid any goods, wares, or merchandise subject to enter goods for sale
desire or otherwise.
the payment of duties, and the master, consignee, or owner shall
to land the same for sale or otherwise, it shall be lawful to enter the
said goods, wares, and merchandise at any port of entry, in the same
manner as goods, wares, or merchandise regularly consigned to the
said port, or to forward them under bond or seal according to the regu-
lations customary in such cases, when consigned to0 any port or place On payment of do-
beyond the limits of' this Confederacy, and on payment of the duties ties; Collector to
'on said goods, to obtain from the collector a license to land the same grantlicense.
at any point on the river; and when goods, wares, or merchandise shall
be entered as aforesaid, the owner, 'importer, or consignee0 shall be benefit When of entlUed
drawback to
entitled to the benefit of drawback of duties or of warehousing the said of duties or of ware-
goods, wares, and merchandise, as is provided by law, upon complying housing goods.
with all the laws and regulations which apply to cases of entry for
drawback or warehousing respectively.
SEC. 5. Be itffurther enacted, When any such ship, boat, or vessel, lasterofvessel,6n
' arrival at first port of
having on board goods, wares, and merchandise subject to the payment entry, to deposit with
of duties, as set forth in the fourth section, shall arrive at the first port the coector fes
or person in com-
of her entry of the Confederate States, the master
mand of such ship, boat, or vessel shall, before he pass the said port,-
and immediately after his arrival, deposit with the collector a manifest adCollector to certify
transmit mani-
of the cargo on board subject to the payment of duties, and the said f tes m a
collector shall, after registering the same, transmit it, duly certified to
have been deposited, to the officer with whom the entries are to be
made; and the said collector may, if he judge it necessary for the
security of the revenue, put an inspector of the customs on board any May put Inspector
at on the vessel.
such ship, boat, or vessel, to accompany the same until her arrival
the first port of entry to which her cargo may be consigned ; and if Penalty on master
for failing to deposit
the master or person in command shall omit to deposite a manifest as manifest or refusing
aforesaid, or refuse to receive such inspector on board, he shall forfeit to receive
inspector.
and pay five hundred dollars, with costs of suit, one-half to the use of
the officer with whom the manifest should have been deposited, and the
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38 PROVISIONAL CONGRESS. SEss. I. CH. 15, 16, 17. 1861.
other haff to the use of the collector of the district to which the vessel was
bound : Provided,however, That until ports of entry shall be established
This act not toap- above the city of Vicksburg, on the Mississippi river, the penalties of
lyto goodsdeiveore this act shall not extend to the delivery of goods above that port by
vessels or boats descending said river.
February 26, 1861. CatP. XV.-An Act to modify the ravigation Laws and repeal all Discriminating Duties
on Ships or Vessels.
Vessels not enrolled The Congress of the Confederate States of America do enact, That
olicensed may be, ,
employed in te all laws which forbid the employment in tile coasting trade of ships or
coasting trade. vessels not enrolled or licensed, and also all laws which forbid the
Laws forbidding
importation of goods importation of goods, wares, or merchandise from one port of the Con-
In vessels belongirg federate States to another port of the Confederate States, or from any
to foreigners, repeal-
ed. foreign port or place, in a vessel belonging wholly or in part to a sub-
ject or citizen of any foreign State or power, are hereby repealed.
Repeal of laws In- SEC. 2. All laws which impose any discriminating duty on the ton-
posing discriminating
dtes on tonnage.
age
Mt
of ships or vessels owned by any subject or citizen of any foreign
State or power, or upon goods, wares or merchandise imported in any
such ship or vessel, are hereby repealed.
APPROVED February 26, 1861.
February 26,1861. CooP. XVL-An Act to define more accurately the Exemption of Certain Gooda from Duty.
Exemption from The Congress of the Confederate States of America do enact, That
duties allowedby act the exemption from duties allowed by the act to " Exemptfrom duties
4,fFeb. 15, 1S61,to
extend only to cer- certain commodities therein named, and for other purposes," passed
taingoods. on the eighteenth day of February, 1861, shall extend only to such
goods, bonafide purchased on or before the twenty-eighth day of Feb-
ruary instant, as shall have been actually laden on board of the export-
ing vessel or conveyance destined for any port in this Confederacy, on
or before the fifteenth day of March, in the present year.
APPROVED February 26, 1861.
February 26,1861. CHAP. XVH.-An Act for the Establishment and Organization of a General Staff for she
Army of the Confederate States of America.
Officers Inthe gen- The Congress of the Confederate State: of America do enact, That
eral staffof the army. from of-this act, the general riadencht
and after the passingofeeaeSaeofA
ThCogesoth staff of the Army
of the Confederate States shall consist of an Adjutant and Inspector
General's Department, Quartermaster Geneal's Department, Subsist-
ence Department, and the Medical Department.
Officers In the Ad- SEC. 2. Be it further enacted, That the Adjutant and Inspector Gen-
jutane and Inspector eral's Department shall consist of one Adjutant and Inspector General,
General's D rank,
moent; their p a r t- w
with the rank of colonel; four Assistant Adjutants General, with the
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PROVISIONAL CONGRESS. SEss. I. C. 18. 1861.
tank of major, and four Assistant Adjutants General, with the rank of
captain.
SEc; 3. Be it further enacted. That the Quartermaster General's De- Offcers in the
partment shall consist of one Quartermaster General, with the rank Quartermaster Gene-
ral's Department;
of colonel; six Quartermasters, with the rank of major; and as many their rank and pay.
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 to
quartermasters herein provided for shall also discharge the duties of discharge the duties
paymasters, under such regulations as may be prescribed by the Se- of payasters.
cretary of War.
SEC. 4. Be it further enacted, That the Commissary General's De- Officersin Commi-
partment shall consist of one Commissary General, with the rank of partment
sary Ieneral's Ile-
; theirrank
colonel; four Commissaries, with the rank of captain, and as many and pay.
Assistant Commissaries, as may from time to time be required by the
service, may be detailed by the War Department from the subalterns
of the line, who, in addition to their pay in the line, shall receive
twenty dollars per month while engaged in that service. The assist- Assistant quarter.
ant quartermasters and assistant commissaries shall be subject to duties masters and Commls-
inboth departments at the same time, but shall not receive the addi- a,'hs subject toduty
department.
tional compensation but in one
SEC. 5. Be it further enacted, That the Medical Department shall Officers In Medical
tconsist of one Surgeon General, with the rank of colonel ; four Sur- Department; their
the rankand pay.
geons, with the rank of major, and six Assistant 6urgeons, with
rank of captain ; and as many Assistant Surgeons, as the service may
require, may be employed by the Department of War, and receive the
pay of assistant surgeons.
SEC. 6. Be it further enacted, That the officers of the Adjutant Opaicer in theDe-
General's, Quartermaster General's and Commissary General's De- same comnnd o f
partments, though eligible to command, according to the rank they hold troops.
in the army of the Confederate States of America, shall not assume
command of troops, unless put on duty under orders which specially
go-direct by authority of the President. The officers of the Medical
flepartment shall not exercise command except in their own depart-
ment.
SEC. 7. Be it further enacted, That the staff officers herein provided appointed
Staff officers
by thetobe
Pre-
for shall be appointed by the President, by and with the advice and sident.
consent of the Congress, and shall receive such pay and allowances
as shall be hereafter established by law.
APPROVED February 26, 1861.
'The Congress of the Confederate States of America do enact, That Acts and resolutions
the Secretary of Congres's shall, after each session, prepare for publi- ofvisional
Congress,
and andPro-
Perma-
cation fair copies of all the acts passed by Congress, and resolutions nent Constitutionsto
of a public nature intended to have the effect of laws, together with be publishtd.
the Constitutions for a Provisional and Permanent Government of this
Confederacy, adopted by this Congress.
SEC. 2. The acts shall be arranged under appropriate titles, shall How acts tobe ar-
have marginal notes to each section, and be fully indexed, ranged.
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PROVISIONAL CONGRESS. SESs. I. CH. 18. 1861.
beAeltondjournalsto
delivered to p~blie SEc. 4. The acts and journals, when prepared, shall be delivered.,
prnter; his
duty. to the public printers, who shall, without delay, publish three thousand.
copies of each, in a style equal in execution, and upon paper of the-
same quality in every respect, as the laws of the United States, as
annually published by Messrs. Little & Brown.
Acts to be bound; SEC. 5. The acts of Congress thus published shall be bound by the.
tee to, binding, public printers, in a style not inferior to the acts of the General Assem-
bly of the State of Alabama, for whith service he shall receive the.
sum of twenty-five cents per copy.
Compensation of SEC. 6. The public printer shall be entitled to receive as compensa-
public printer for the .
publication ofthelaws tion for the publication of the laws and journals the following prices,
and journals, viz.:
For each page of the laws and journals, including press work,
paper, pressing, folding and stitching, the sum of six dollars.
For job printing. SEC. 7. For all job printing ordered by Congress the public printers
shall receive the following compensation and no more, viz.
bills, resolutions First : For bills, resolutions and reports-For composition per page
and reports; (foolscap) one dollar and seventy-five cents; for press work, folding
and stitching one hundred copies, twenty-five cents per page, and pro
rata for all copies over one hundred.
rules Constitutions Second : For rules, constitutions and other pamphlets-For compo--
ard other pamphlets; sition per page, (octavo) in small pica, plain, one dollar; in small pica,
rule, one dollar and fifty cents; for brevier, plain, one dollar and fifty
cents ; for brevier, rule, two dollars ; for rule and figure work on page-
larger than royal octavo, per 1,000 ems, one dollar; for press work,
including folding and stitching, per token, seventy cents.
yeas andnays, ctr- Third: For yeas and nays, circular letters, and other miscellaneous
eular letters and other
miscellaneous print- printing ordered by Congress-For composition, plain work, pcr 1,000
Ing. ems, seventy cents; rule and figure work, per 1,000 ems, one dollar;
for press work, incuding folding and stitching, per token or fraction of
token, seventy cents.
For paper. Fourth : For allpaper on which printing is done for Congress, the-
public printer shall be allowed the fair market cost thereof, and twenty
per centum additional thereto.
-
Extra pay allowed Fifth: On all work done for Congress when in secret session tid
for work done inefsalori receive an additional e centun
l compensation of ten per
Congress when ino public printer shall
cet sesslon. on the above rates.
Heads of Depart. SEC. 8. The chief officers of the executive departments of the gov-
ments to contract f,,r ernment are hereby authorized to contract for all necessary printing in
printing for their of-
fi.es, connection with their several offices, in no case, however, at higher
rates of compensation than hereinbefore prescribed for work done for
Congress.
Postmaster General SEC. 9. The Postmaster General shall contract for the publication of
to contract for the all
blanks connected with his office, not exceeding
publication
forhis office; atwhat
-
of blanks the post
following ratesother
bills and : For composition, including rule and figure work,
rates. per 1,000 ems, fifty cents; for presswork, per clean token, (the sheets
not to be not less than 16 by 26 inches) fifty cents ; for paper, ten per
cent. on actual cost. Nothing shall be allowed for altering the name-
of a postmaster on a post bill or other blank, nor shall there be an addi-
tional charge for composition when the name of the postoffice alone is
Printer to keep on changed. But the printer shall be required to keep always on hand
hand ceraotf forms forms for postoffice blanks, and when new orders are given, the charge
for postcoffice blanks.
shall be made only for the press work and paper, and such new corn-
Charge for new or- position as may be necessary.
desi. SEC. 10. All accounts for printing done for Congress or any one of
Acountsfor print- the executive departments shall, before the same are allowed and paid,
ing; how made out by the p anied
and certified, be sworn toprinter or contractor;. shall be accoop e
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PROVISIONAL CONGRESS. SESS. I. CH. 18. 1861.
by vouchers, showing the cost of the paper used and the quantity
thereof, and shall be certified to be correctly made out under the law
by at least two disinterested practical printers in no way connected with
the office or business of the claimant.
SEC. 11. The foregoing rates and 0 provisions do not apply to adver- forUsual fees to be paid
advertisement in
tisements in public gazettes by order of any of the executive depart- public gazettes.
ments, for which the usual fees paid by other advertisers shall be allowed.
But no advertisement from any of the executive departments shall be
inserted in more than three public gazettes in the same State.
SEc. 12. When printing on parchment is required to be done for any Printing on parch-
executive department, the parchment shall be purchased and furnished ment.
by such department, and a special contract made for such printing, not
exceeding ten dollars .per thousand copies.
SEc. 13. There shall be connected with the Department of Justice a Bureau esa~hedof; its
printing!
chie f
Bureau of Printing, the chief officer of which shall be appointed by oeefJsand by whoe
the President, by and with the advice and consent of the Congress, appointed.
and shall be known as the Superintendent of Public Printing. No Eligibility to office.
person shall be eligible to this office
0 who is not . killed in and acquainted or Superintendent
Public Printing.
of
with the practical details of the business of printing; nor shall the
Superintendent of Public Printing be in any manner, directly or indi-
rectly, interested in the contracts tor public printing, nor with the
printing cfice at which the same is done, nor connected with any news-
paper in any capacity whatever.
Src. 14. It shall be the duty of the Superintendent to supervise, direct Duties oftheSuper-
and control all the printingdone by order of Congress, or under contract intendent.
with any. ixecutive department, as to the quality of paper to be used,
the Character of type, the style of binding, and the general execution
of the work; and also as to the time and order in which the same shall
be completed. It shaMt be his duty also to report to the head of the
departrnt, at least once a year, the condition of the public printing-
stating the amount paid out for the same on each contract, specifying
the amount paid out under the order of each department, and giving
estimates of the probable expenditure for the succeeding year; which
report shall be laid before the Congress by the President, in connection
with his annual message. It shall be his duty also to take from every
contractor for public printing such bond, with good security, as he may
require, not exceeding the probable amount of the contract price for
the printing to be done by such contractor, and conditioned for the faith-
ful-performance of his contract in every particular. Such bonds shall
be renewed annually by contractors whose work shall be continuing in
its character and extends beyond the year of its commencement.
SEC. 15. All accounts for printingdone, when rendered as hereinbefore Superintendent to.
provided, shall be audited and allowed by the Superintendent of Public andt counts andaow
a-
for prin tng, to.
Printing before the same shall be paid. If the Superintendent shall authorize payment.
refuse to receive any work done, or shall refuse to allow any account
rendered, the printer or contractor may appeal from such decision to Appeal from hit
thehead of the department, whose decision on the appeal shall be final decision.
and conclusive.
SEc. 16. All laws or parts of laws militating against the provisions of Laws repealed.
this act are hereby repealed.
APPROVED February 27, 1861.
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42 PROVISIONAL CONGRESS. Ssss. I. CH. 19, 20, 21. 1861.
February 27,1861. CHAP. XIX.-An Act to authorize the Secretary of State to appoint an Assistant.
February 28,1861. CHAP. XX.-An Act to authorize the Secretary of the Treasury to establish additienal Ports
and Places of Entry and Delivry, and appoint Officers therefor.
February 28, 1861. CHAP- XXL-An Act to raise Money for the support of the Government, and to provide for
the Defence of the Confederate States of America.
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PROVISIONAL CONGRESS. SESS. I. CH. 22. 1861.
be appointed for the purpose by the Secretary of the Treasury. And Faith of the o. S.
the faith of the Confederate States is hereby pledged for the due pay- pledged for the
pay-
ment of the principal and interest of the said stock and bonds. and interest.
SEO. 3. At the expiration of five years from the first day of Septem- may stocks
be paidoron giving
Bonds
ber next, the Confederate States may pay up any portion of the bonds notice.
or stocks, upon giving three months previous public notice, at the seat of
government, of the particular stocks or bonds to be paid, and the time and
place of payment; and from and after the time so appointed, no When interest to
further interest shall be paid on said stock or bonds. cease.
SEC. 4. The certificates of stock and bonds shall be issued in such form ofForm and amount
the certificates of
and forsuch amounts asmay be determined by the Secretary of the Trea- stock and bonds;
sury, and may be assigned or delivered under such regulations as he certificates may he
but none of them shall be for a less sum than fifty assigned.
may establish;
dollars. And he shall report to Congress, at its next session, a state- retary Report of the See-
of the Treasu-
ment, in detail of his proceedings, and the rate at which the loans may ryto Congress.
have been made, and all the expenses attending the same.
SEc. 5. From and after the first day of August, 1861, there shall be Dutyon cotton ex-
levied and collecte:! and paid, a duty of'one-eighth of one cent. per pound ported.
on all cotton in the raw state exported from the Confederate States,
rbich duty is hereby specially pledgedto the due payment of interest Dutypledgedtothe
and principal of the loan provided for inthis act; and the Secretary of payment of the loan
provided for by this
the Tteasury is hereby authorized and required to establish a sinking a,.thSinking fand estab-
fund to carry into effect the * rovisions of this section: Provided, how-
ever, That, the interest coupons, issued under the second section of
this act, when due, shall be receivable in payment of the export duty Interest coupcnsre-
on cotton: Pitovided, also, That when the debt and interest thereon eivable in payment
extinguished, or the sinking
herein authorized to be contracted shall'be
fund provided for that purpose shall be adequate to that end, the said case. When duty to
export duty shall cease and determine.
APPROVED February 28, 1861.
OnAP. XXII.-An Act to raise Provisional Forces for the Confederate States of .Americi, and February 28,1861.
for other purposes.
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44 PROVISIONAL CONGRESS. SEss. I. Cn. 23, 24, 25. 1861.
President
point may ap-
their general according to the terms of their enlistment; and the President shall ap-
officers. point, by and with the advice and consent of Congress, such general
officer or officers for said forces as may be necessary for the service.
Pay and allowances SEC. 5. Beit further enacted, That said forces, when received into the
ofte forces received. service of this government, shall have the same pay and
allowances as
may be provided by law for volunteers entering the service, or for the
To be subject to army of the Confederate States, and shall be subject to the same rules
army rules, and government.
APPROVED February 28, 1861.
March 1,1861. CHAP. XX1I.-An Act Supplemental to an act to Regulate the Rates of Postage, and for
other purposes.
March 2, 1861. CHAP. XXIV.-An Act to admit Tezas as a 11ember of the Confederate States of America.
State into
mitted of Texa" ad-
the Con- The Congress of the Confederate States of America do enact,
federacy. That the State of Texas be and is hereby admitted as a member of
this Confederacy, upon an equal footing with the other Confederate
States.
APPROVED March 2, 1861.
March 5,1861. CHAP. XXV.-An Act to repeat so much of the Laws of the Confederate States of America as
prohibit the introduction of Liquors, except in casks or vessels of or above certain named
capacity, and for other purposes.
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PROVISIONAL CONGRESS. SESS. I. CH. 26. 1861.
CEAp. XXVI.-An Act to provide for the Public Defence. March 6,1861.
The Congress of the Confederate States of America do enact, That President a u t h or-
in order to provide speedily forces to repel invasion, maintain the rightful tzed to employ thea
militl,, military and
possession of the Confederate States of America in every portion of naval forces,
territory belonging to each State, and to secure the public tranquility
and independeince against threatened assault, the President be, and he
is hereby authorized to employ the militia, military and naval forces of
the Confederate States of America, and to ask for and accept the ser- and to ask for and
vices of any number of volunteers, not exceeding one hundred thou- acuept volunteers.
sand, who may offer their services, either as cavalry, mounted riflemen,
artillery or infantry, in such proportion of these several arms as he
may deem expedient, to serve for twelve months after they shall be
mustered into service, unless sooner discharged.
Szc. 2. andbe it further enacted, That the militia, when called into How long militia to
service by virtue of this act or any other act, if in the opinion of the serve.
equipments; and when mustered into service, shall be armed by the To be armed byfe
States from which they come, or by the Confederate States of America. States.
SEc. 4. and be it further enacted, That said volunteers shall, when Volunteers to be
subject to rules and
called into actual service, and while remaining therein, be subject to the articles of war.
rules and articles of war, and instead of clothing, every non-comnis-
sioned officer and private in any company shall be'entitled, when called
into actual service, in money to a sum equal to the cost of clothing of To receive money
a non-commissioned officer or private in the regular army of the Con- In lieu of clothing.
federate States of America.
SEC. 5. And be if further enacted, That the said volunteers so offer- ay be acceptedin
companies, sq u ad-
ing their services may be accepted by the President in companies, rons, etc. h
squadrons, battalions and regiments, whose officers shall be appointed officer,; how ap-
in the maqner prescribed by law in the several States to which they
shall respectively belong; but when inspected, mustered, and received
into the service of the Confederate States, said troops shall be regard-
ed in all respects as a part of the army of said Confederate States,
according to the terms of their respective enlistments.
SEC. 6. And be it further enacted, That the President is hereby ganize President may or-
volunteer
authorized to organize companies so tendering their services into bat- companies, b attal-
talions or squadrons, battalions or squadrons into regiments, regiments ion,, etc.
into brigades, and brigades into divisions, whenever in his judgment
such organization may be expedient; and whenever brigades or divis- And appoint o ffi-
cers for brigades and
ions shall be organized, the President shall appoint the commanding divisions.
officers for such brig-ides and divisions, subject to the confirmation of
Congress, who shall hold their offices only while such brigades and
divisions are in service; and the Prezident shall, If necessary, appor- May apportion th
tion the staff and general officers among the respective States from crs.and general of-
ihe use and risk of their horses ; and if any volunteer shall not keep
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,f6 PROVISIONAL CONGRESS. SESS. I. CH. 27. 1861.
Cnup. XXVIL-An Art to providefor the Registrationof Vessels owned in whole or in part
March 6, 1861. byd citizens of tke Confederate States.
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PROVISIONAL CONGRESS. SESS. I. CH. 28, 29. 1861. 47
C AP. XXVIIL-An Act to establish and organize a Bureau in connection with the Department March 6,1861.
of the Treasury, to be known as the Lighthouse Bureau.
The Congress of the Confederate Slates [of America] do enact, That Lighthouse Bureau
there shall be established in connection with the Department of the established.
Treasury a bureau, to be known as the Lighthouse Bureau. The chief Officers, and their
officer of such bureau shall be a captain or commander of the navy, salaries.
detailed for this service by order of the President of the Confederate
States, who shall recdive as his compensation the same pay allowed to
officers of the same rank in the navy. There shall be appointed also
a chief clerk, with a salary of twelve hundred dollars, and an accounting
clerk, with a salary of one thousand dollars.
SEc. 2. All lighthouses, light vessels, buoys, and other aids to navi- Matters under the
b s na control and direct'on
gation, all the officers connected therewith, and all matters connected of the Lighthouse
with the construction, repair, illumination,, inspection and government Bureau.
thereof, and all duties appertaining to the administration of li,.hthouse
affadtrs, shall be under the direction and control of the Lighthouse
Bureau hereby established, suoject at all times to the superintendence
of the Secretary of the Treasury.
SEc. 3. The chief of the bureau shall, as soon as possible, divide Chief of bureau to
divide sea-coast into
the sea-coasts of the Confederate States intp districts not exceeding distrlcts.
five in number, as the Secretary of the Treasury may deem expedient'
and over each of these districts the President shall appoint an inspec- disrjtk for each
tor, to be selectedfrom the lieutenants in the navy, who shall discharge
all the duties of inspection, survey or otherwise which may be required Hisdutles, andpay.
of him by the chief of the bureau. For these services the inspectors
shall receive only their regular pay in the navy.
SEC. 4. The President of the Confederate States may from time to Detailofofficersof
time, at the request of the Secretary of the Treasury, detail one or the engineer corps to
superintendeonstruc.
more of the officers of the engineer corps of the army, to be employed tion of lighthouses,
under the direction of the Lighthouse Bureau, in superintending the e r
construction or repair of light houses or other necessary structures in Other duties.
connection with the lighthouse establishment, or other similar duty
assigned by the Lighthouse Bureau in connection therewith.
SEC. 5. The chief of the bureau shall, at least once every year, Report by chief of
make a full report to the Secretary of the Treasury, giving a full state- the bureau to Secre-
tary of the Treasury.
ment of the operations of the lighthouse establishment. He shall also
from time to time give such information to the Secretary of the Trea-
sury as he may require in reference to his bureau.
Sx.c. 6. All laws and parts of laws contravening the provisions of Laws repealed.
this act are hereby repealed.
APPROVED March 6, 1861.
Omak. XXIX.-An Actfor the 06tablishment and organizationof the Army of the Confederate March G, 18fi,.
States of America.
The Congress of the Confederate States of America do enact, That meat; Military estabish-
of what corn-
from and after the passage of this act the military establishment of the posed.
Confederate States shall be composed of one corps of engineers, one
corps of artillery, six regiments of infantry, one regiment of cavalry,
and of the staff departments already established by law.
SEc. 2. The corps of engineers shall consist of one colonel, four Corps ofEngineers.
majors, five captains, and one company of sappers, miners, and pon-
toniers, which shall consist of ten sergeants or master workmen, ten
corporals or overseers, two- musicians, and thirty-nine privates of the
first class, or artificers, and thirty-nine privates of the second class, or
laborers, making in all one hundred.
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48 PROVISIONAL CONGRESS. SESS. I. CH. 29. 1861.
-of Officers
sappers,otcompary
miners,SEC. 3. The said company shall be officered by one captain of the
and pontoniers, corps of engineers, and as many lieutenants, to be selected by the Pres-
ident from the line of the army, as he may deem necessary for the
Their duties, service, and shall be instructed in and perform all the duties of sappers,
miners, and pontoniers, and shall, moreover, under the orders of the
chief engineer, be liable to serve by detachments in overseeing and
aiding laborers upon fortifications or other works under the engineer
department, and in supervising finished fortifications, as fort-keepers,
preventing injury and making repairs.
DutiesofColonel of SEC. 4. It shall be the duty of the colonel of the engineer corps,
beEngineer corps, subject to the approval of the Secretary of War, to prescribe the num-
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PROVISIONAL CONGRESS. SESS. I. CH. 29. 1861.
and artillery, according to corps. Appointments to the rank of brigadier Brigadler Generals
ger~eral, after the army is organized, shall be made by selection from
" be.selectdf rom
the army.
SEC. 12. The President of the Confederate States is hereby author- Appointment of
ized to appoiit to the lowest grade of subaltern officers such meritorious subaltern officer
non-commissioued officers as may, upon the recommendtion of their
colonels and company officers, be brought before an atmy board, spe-
cially convened, for the purpose, and found qualified for the duties of
eommi.:ioned officers, and to attach them to regiments or corps, as su-
pernumerary officers, if there be no vacancies: Provided, There Poo.
shall not be more than one so attached to any one company at the
same time.
SEC. 13. The pay of a brigadier general shall be three hundred and Pj of Brlgadlei
-eneval;
one dollars per month The aid-de-camp of a brigadier general, in ad- of hsaici-de-camp.
dition to his pay as lieutenant, shall receive thirty-five dollars per
month.
SEC 14. The monthly pay of the officers of the corps of engineers Pay of officers ot
shall be as follows: of the colonel, two hundred and ten dollars; of a thelngineer Corps.
owajor, ope hundred and sixty-two dollars ; of a captain, one hundred
and forty dollars; lieutenants serving with the company of sappers and
miners shall receive the pay of cavalry officers of the same grade.
Szc. 15. The monthly pay of the colonel of the corps of artillery Pay of officers of
shall -be two hundred and ten dollars; of a lieutenant colonel, one Artiliry.
hundred and'eighty-Ove dollars; of a major, one hundred and fifty
dollars, and when serving orr ordnance duty, one hundred and sixty-
two dollars; of a captain, 'one hundred and thirty dollars; of a first
lieutenant, ninety dollars; of a second lieutenant, eighty dollars; and
the adjutant' shall receive, in addition to his pay as lieitenant, ten dol-
lars per month. Officers of artillery serving in the light artillery, or
performing ordnance duty, shall receive the same pay as officers of
cavalry of the same grade.
SEc. 16. The monthly pay of the officers of the infantry shall be as Pay of officers of
follows : of a colonel, one hundred and ninety-five dollars; of a lieu- Infantry.
tenant colonel, one hundred and seventy dollars; of a mojor, one
hundred and fifty dollars; of a captain, one hundred and thirty dollars;
of a first lieutenant, ninety dollars; of a second lieutenant, eighty dol-
lars ; the adjutant, in addition to his pay as lieutenent, ten dollars.
SEc. 17: The monthly pay of the officers of the cavalry shall be as Paiy of offizers of
follows: of a colonel, two hundred and ten dollars; of a lieutendnt G0,-dry.
colonel, one hundred and eighty-five dollars; a major, one hundred
and sixty-two dollars; a captain, one hundred and forty dollars; a first
lieutenant, one hundred dollars; a second lieutenant, ninety dollars ;
the adjutant, ten dollars per month, in addition to his pay as lieu-
tenant.
SEc. 18. The pay of the officers of the general staff, except those Py of officors
l
at
of the medical department, shall be the same as that of officers of the Uenera Staff.
cavalry of the same grade. The surgeon general shall receive an an- Py ofreo
nual salary of three thousand dollars, which shall be in full of all pay
and allowances, except fuel and quarters. The monthly pay of a sur- Pay of Furgeons
geon, of ten years' service in that grade, shall be two hundred dollars; and Am't Furgeons.
a surgeon of less than ten years' service in that grade, one hundred
and sixty-two dollars; an assistant surgeon of ten years' service in
that grade, one hundred and fifty dollars ; an assistant surgeon of five
year's service in that grade, one hundred and thirty dollars; and an
assistant surgeon of less than five years' service, one hundred and ten
dollars.
SEc. 19. There shall be allowed in addition to the pay hereinbefore Ad:Io.U pay of
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t!OVISIONAL CONGRESS. SEss. I. Cu. 20. 186
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.,hPROVISIONAL CONGRESS. SESS. I. CH. 29. 1861.
.Yshall receive one ration per day, and a yearly allowance of clothing, Clothing.
the quantity and kind of each to be established by regulations from
the War Department, to be approved by the President.
SEC. 25. Rations shall generally be issued in kind, but under cir- Rations Issued Ib
cumstances rendering a commutation necessary, the commutation kind; commutation
value fILed.
value of the ration shall be fixed by regulations of the War Depart-
ment, to be approved by the President.
SEc. 26. Tie officers appointed in the army of the Confederate Dutiesof officers.
Slates by virtue of this act, shall perform all military duties to which
they may be severally assigned by authority of the President, and it
shall be the duty of the Secretary of War to prepire and publish FecretaryofWarto
regulations, prescribing the details of every department in the service, prenral
orer
for the general government of the army, which regulations shall be mentor teArmy.
,approved by the President, and when so approved shall be bind-
inP
3EC. 27. All officers of the quartermaster's and commissary depart- commissa~les
Quartermastersand
to give
ments shall, previous to entering on the duties of their respective bond.
offices, give bonds, with good and sufficient sureties, to the Confederate
States, in such sum as the Secretary of War shall direct, fully to ac-
count for all moneys and public property which they may receive.
SEc. 28. Neitlfer the quartermaster general, the commissary gene- b J Nottobeconcerned
certain purchases
ral, nor any or either of their assistants, shall be concerned, directly or sales.
or indirectly, in the purchase or sale of any articles intended for, mak-
,ing a part of, or appertaining to public supplies, except for and oil
account
-of the Confederate States; nor shall they, or either of them, take or
qapply to his or their own use any gain or emolument for negotiating
'ally business in their respective departments, other than what is or
may be allowed by law.
SEC. 29. The Rules and Articles of War established by the laws of Rles and arutcif
the United States of America for the government of the army areof war.
*hereby declared to be of force, except that wherever the words -United
States" occur, the words "Confederate States" shall be substituted
therefor ; and except that the articles of war numbers sixty-one and
sixty-twoare hereby abrogated, and the fullowing articles substituted
-therefor:
"ARTICLE 61. Officers having brevets or commissions of a prior date
-to those of the corps in which they serve will take place on courts
marshal or of inquiry, and on boards detailed for military purposes,
when composed of different corps, according to the ranks given them
in their brevet or former commissions, but in the regiment, corps, or
company to which such officers belong, they shall do duty and take
rank, both in courts and on boards as aforesaid, which shall be com-
posed of their own corps, according to the commissions by which they
are there mustered.,
"ARTICLE 62. If upon marches, guards, or in quarters, different corps
shall happen to join or do duty together, the officer highest in rank,
according to the commission by which he is mustered in the army,
navy, marine corps, or militia, there on duty by orders from competent
authority, shall command the whole and give orders for what is need-
ful for the service, unless otherwise directed by the President of the
Confederate States in orders of special assignment providing for the
case."
SEc. 30. The President shall call into the service of the Confede- Only such troop, a
rate States only so many of the troops herein provided for as he may ' Id'd to be-
may require.
deem the safety of the Confederacy
SEc. 31. All laws or parts of laws of the United States, which have Laws repealed
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PROVISIONAL CONGRESS. Srss. I. Cn. 30. 1861.
March 7, 18e1. CHiP. XXX.-A. Act to create the Clerical Force of the several Executive Departmenots of the
Confederate States of America, and for other purposes.
teClerical
several force of The Congress of the Confederate States of America do enact, That
mens
Depart-
D the e-iet
clerical force of the several departments offtthe eC
Confederate
ne eaeS States
ae
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PROVISIONAL CONGRESS. SEss. I. CH. 31,32. 1861.
OnaP. XXXL-As Act to create he Clerical Force of the Navy Department. March8.1861.
CHAP. XXXIT-An Act to admit certain materials free of Duty,for the eonctruction of Tel- March 9,1861.
egraphic Lines from Savannah, in the State of Georgia, to Fort Pulaski, and from Mobile,
in the State of Alabama, to Fort Morgan.
The Congress of the Confederate States of America do enact, That Caule wire, eto, fr
certain cable wire and other materials for the construction of a tele- a n,admtelmefr
O(
graphic line between the city of Savannah, in the State of Georgia, and duty;
Fort Pulaski, in the same State, which may be imported by C. C.
Walden, the contractor for said line, be admitted free of duty, upon
satisfactory proof being submitted to the collector of the port of Sa-
vannah that the materials herein desi*giiated are imported for and ap-
plied to the construction of the said telegraphic line.
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PROVISIONAL CONGRESS. SESS. I. CH. 33. 186 1'
alto materials
oanstruet to
a certain SEC. 2. Find be it further enacted, That the materials necessary to
construct a telegraphic line from Mobile to Fort Morgan may also be
othertelegraphicline.
imported free of duty.
APPROVED March 9, 1861.
March 9, 1861. CHAP.XXXIrI -An Act to authorize the Issue of Treasury Notes, and to prescribe the Punish-
---entfor forging the same, and for forging certificates of Stock, Bonds, or Couponi.
President to cause "The Congressof the Confedrate States f America enact, Th.t
Trea ury notes to be of teC do e That
beled. the President of the Confederate States of America is hereby author-
ized to cause treasury notes to be issued for such.'sim or sums as the
exigencies of the public service may require, but not,to exceed at any
time one million of dollars, and of denominations not less than fifty
dollars for any such note, to be prepared, signed and issued in the
manner hereinafter provided.
When to be paid SEC. 2. .nd be it further enacted, That such treasury notes shall be
and redeemed, paid and redeemed by the Confederate States at the treasury thereof,
after the expiration of one year from the dates of said notes, from
which dates they shall bear interest at the rate of one cent per day for
every hundred dollars issued : Provided, That after the maturity of any
of said notes, interest thereon shall cease at'the expiration of sixty
days' notice of readiness to pay and redeem the same, which may at
any time or times be given by the Secretary of the Treasury, in one
or more newspapers published at the seat of government. The pay-
ment or redeemption of said notes herein provided shall be made to the
lawful holders thereof respectively, upon presentment at the treasury,
and shall include the principal of each note and the interest which
shall be due thereon. And for such payment and redeemption, at the
time or times herein specified, the faith of the Confederate States of
America is hereby pledged.
Preparation and SEC. 3. . 4 nd be it further enacted, That such treasury notes shall be
signing of Teasury prepared under the direction of the Secretary of the Treasury, and
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PROVISIONAL CONGRESS. SEss. I 'OH. 33. 1861.
SEC. 5. dnd be it futther enacted, That said treasury notes shall be Notes transfers&
transferable, by assignment, endorsed thereon by the person to whose by asigment.
,order the same shall be made payable, accompanied together with the
-delivery of notes so assigned.
SEc. 6. .4nd be it further enacted, That said treasury notes shall be Receivable inpa.
meifall does t
received by the proper officers in payment of all duties and'taxes laid thee. s., exceptthe
1by the authority of the Confederate States of America, of all public eportdutyoncottes.
lands sold by said authority, and of all debts to the Confederate States
oef America, of any character whatever, which may be due and paya-
ble at the time when said treasury notes may be offered in payment
thereof, except the export duty on cotton ; and upon every such pay-
ment credit shall be given for the amount of principal and interest, if
any, due on the note or notes received in payment on the day when.the
eante shall have been received by such officer.
Sac. 7. .And be it further enacted, That every collector of the -.cus- take
Public
receiptsofcers to.
on tree,
toms, receiver of public moneys, or other officer or agent of the Con- sury notes from tht
federate States of America, who shall receive any treasury note or holders.
,notes in payment on account of the Confederate States of America,
4hall take from the holder of such note or notes a receipt upon the
-back of each, stating distinctly, the date of such payment and the
amount allowed. upon such note ; and every such officer or agent shall
-keep regular and specificM entries of all treasury notes received in pay- notes
Entries of treasury
receivedin pay-.
ment, showing the person from whom received, the number, date and e
amoint of principal and interest, if any, allowed on each and every and the charxte
*-reasury note received in payment, which entries shall be delivered tothereof.
4he treasury, with the treasury note or notes mentioned therein, and if
found correct, such officer or agent shall receive credit for the amount.
SEC. 8. .nd be it further enacted, That the Secretary of the Trea- Secretary of the
to make
sury be and he hereby is authorized to make and issue from time to Treauryrules, as to thecust.
!ime such instructions, rules and regulations to the several collectors, dy, disposal, eft, of
-receivers, depositaries and all others who may be required to receive thenote,
such treasury notes in behalf of and as agents in any capacity for the
46onfederate States of America, as to the custody, disposal, cancelling
and return of any such notes as may be paid to and received by them
respectively, and as to the accounts and returns to be made to the and the accoun*
Treasury Department of such receipts, as he shall deem best calcu- reid of
and to protect
lated to promote the public convenience and security,
the Confederate States of America, as well as individuals, from frauds
and loss.
Sac. 9. A]nd be it further enacted, That the Secretary of the Trea- Paymentof tressa.
sury be and he hereby is authorized and directed to cause to be paid 'y ts.
4he prinoipal and interest of such treasury notes as may be issued un-
der this ait, at the time and times when, according to its provisions,
'the same should be paid. And the said secretary is further authorized
to purchase said notes at par, for the amount of principal and interest
due at the time of the purchase of such notes. And so much of any
unappr)priated money in the treasury as may be necessary for the
purpose is hereby appropriated to the payment of the principal and
interest on said notes.
Sac. 10. .nd be it further enacted, That In place of such treasury other treasury
notes as may have been paid and redeemed, other treasury notes to notesmaybelssuedlo
lieu ofthose paid and
the same amoust may be issued : Provided, That the aggregate sum reserved.
outstanding under the authority of this act shall at no time exceed one
million of dollars: dnd provided further, That the power to issue and
re-issue treasury notes conferred on the President by this act, shall
cease and determiate on the first day of March, eighteen hundred and
sixty-two.
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PROVISIONAL CONGRESS. SEss. I. Cn. 33. 1861.
Forging or counter- SEC. 11. And be it further enacted, That if any person shall falsely
mt
le~ng of eq make, forge or counerfeit, or cause or procure to be falsely made,
forged or counterfeited, or willingly aid or assist in falsely making,
forging or counterfeiting any note in imitation of or purporting to be a
treasury note, issued as aforesaid, or shall pass, utter or publi-h, or at-
tempt to pass, utter or publish as true any false, forged or counterfeited
note, purporting to be a treasury note as aforesaid, knowing the same
to be falsely made, forged or counterfeited, or shall falsely alter,, or
cause or procure to be falsely altered, or willingly aid and assist in
falsely altering any treasury note issued as aforesaid, or shall pass,
utter or publish, or attempt to pass, utter or publish as true any falsely
altered treasury note, issued as afbresaid, knowing the same to be
falsely altered, every such person shall be deemed and adjuged guilty
of felony, and being thereof convicted by due course of law, shall be
Penalty. sentenced to be imprisioned and kept at hard labor for a period not
less than three years nor more than ten years, and to be fined in a
sum not exceeding five thousand dollars.
Penaltyformiakng SEC. 12. -Indbe it further enacted, That if any person shall make
:rengravlngplateato or engrave, or cause or procure to be made or engraved, or shall have
be used in forging or .
ounterfeiting auoh in his possession any metallic plate engraved after the similifude of
notes any plate from which any notes issued as aforesaid shall have been
printed, with intent to use such plate, or cause or suffer the same to
be used in forging or counterfeiting any of the notes issued as alore-
said, or shall have in his custody or possession any blank note or notes
engraved and printed after the similitude of any notes issued as afore-
said, with intent to use such blanks, or cause or suffer the same to be
used in forging or counterfeiting any of the notes issued as aforesaid,
or shall have in his custody or possession any paper adapted to the
making of such notes, and similar to the paper upon which any such
notes shall have been issued, with intent to use such paper or cause or
suffer the same to be used in forging or counterfeiting any of the notes-
issued as aforesaid, every such person, being thereof convicted by due
course of law, shalt be sentenced to be imprisoned and kept to hard
labor for a term not less than three nor more than ten years, and fined
in a sum not exceeding five thousand dollars.
Penalty forforging SEC. 13. And be it further enacted, That if any person shall falsely
w counterfeiting any
oertldcate of stock or make, forge or counterfeit, or cause or procure to be falsely made.
bond, ocoupon I- forged or counterfeited, or willingly aid or assist in falsely making or
wed under the act or
o S8th Feb.,8i6L forging, or counterfeiting any certificate of stock or bond, or coupon,
in imitation of or purporting to be a certificate of stock or bond, or
coupon, issued in accordance with the provisions of the act entitled an act
to raise money for the support of the government, and to provide for the
defence ofthe Confederate States of America, approved the twenty-eighth
day of February, eighteen hundred and sixty-one, or shall pass. utter
or publish, or attempt to pass, utter or publish as hue any false, forged
or counterfeited certificate of stock or bond, or coupon, purporting to be
a certificate of stock or Lond, or coupon, as aforesaid, knowing the
same to be falsely made, forged or counterfeited, or shall falsely lter
or cause, or procure to be falsely altered, or willingly aid or assist in
falsely altering any certificate of stock or bond, or coupon, issued as
aforesaid, or shall pass, utter orpublish, or attempt to pass, utter or pub-
lish as true any falsely altered certificate of stock er bond, or coupon,
issued as aforesaid, knowing the same to be falsely altered, every such
person shall be deemed and adjudged guilty of a felony, and being
thereof convicted by due course of law, shall be sentenced to be im-
prisoned and kept at labor for a period not less than three years nor more
than ten years, and be fined in a sum not exceeding five thousand dollars.
APPROVED March 9, 1861.
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PROVISIONAL CONGRESS. SEss. I. Ca. 34,35. 1861. 57
CuaP. XXXIV.-An Act to provide Yor an Assistant Treasurer of the Confederate States of March 9, 1561.
America, and a Treasurer for the Mint in the City of New Orleans.
The Congress of the Confederate States of America do enact, That liranch Int at New
Oleans to be the
the branch mint, formerly belonging to the United States, in the city place or deposit of
of New Orleans, and the vaults and safes thereuf, shall be the place of ci montysinythat
deposite of the public money of the Confederate States of America in
that city ; and the President shall nominate, and by and with the ad-
vice and consent of Congress shall appoint an assistant treasurer of the Assistant Treasu-er
Confederate States of Anerica, who shall hold his office until the ex- t appointed.
piration of this Provisional Government. And the said assistant trea-
surer shall have the custody and care of all public moneys deposited
in said place of deposite, and shall perform all the duties required by His duties.
law to be performed by assistant treasurers of the Confederate States,
who shall give a bond with sureties for the faithful discharge of the Bond and securit.
duties of his office, which bond shall be tor the sum of one hundred
thousand dollars, and the sureties shall be approved by the Secretary
of the Treasury: Provided, That it shall not be necessary that each Proviso.
surety shall bind himself for the whole amount of the bond, but the
aggregate amount for which the sureties are severally bound shall be
equal to the fl sum of one hundred thousand dollars : Provided, That
each surety shall be bound for at lea.,t twenty thousand dollars.
SEc. 2. dnd it is further enacted, That the salary of said assistant Assistant Treasu-
treasurer shall be four thousand dollars per annum ; and the said as-
rer's salary.
sistant treasurer shall also perform the duties of treasurer of the mint, To perform the do-
without any further compensation than is herein provided. ties of treasurer of
mint.
APPROVED March 9, 1861.
CAP. XXX.-An Act further to provide for the organization of the Post Office Department. March 9, 1861.
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68 PROVISIONAL CONGRESS. SESS. I. CH. 36,37,38. 1861.
March 11, 1861. Cuip. XXXVI.-An Act tofx the pay ofthe Members of the Congress of the Confederate States
of Amtrica.
Pay and mileage of The Congress of the Cos7federate States of America do enact, That
members of Con-
gress. the pay of the members of Conigress shall be eight dollars per day
during the session, and that each member shall be allowed ten cents
per mile for coming to and ten cents per mile for returning from the
place where Congress may assemble for each session, to be computed
by the usual mail route from his residence to the seat of government.
Same of the Preal- SEC. 2. Be it further enacted, That the pay of the President of
4ent of Congress. Congress shall be sixteen dollars per day, and the same mileage as the
members.
APPRoVED March 11, 1861.
March 11, 1851. CuAP XXXVII.-An Act making appropriations for the support of Three Thousand Mtn for
twelve months, to be called into service at Charleston.
"
South Carolina, under the third and
fourth sections of An Act of the Congress To raise Provisional Forcesfor the Confederate
States of America, andfor other purposes."
Appropriation for
support of the Pro-
The Congress of the Confederate States of America do enact, That
vrisionaltroops. the following appropriations be made for the support of the provisional
troops called into service by the act aforesaid: Pay of the troops, six
hundred and fifty-eight thousand six hundred and eighty dollars.
Forage for officers' horses and quartermasters' animals and cavalry
horses, twenty thousand six hundred and sixty-two dollars. Subsis-
tence for troops, two hundred and seventy thousand uollars. Clothing
for the troops, two hundred thousand dollars. Camp and garrison
equipage, eighteen thousand two hundred and sixty-seven dollars and
seventy-two cents. Supplies for the quartermasters' department,
.seventy-siK thousand one hundred and sixty collars. Fuel for troops
and hospitals, fifty-nine thousand nine hundred and ninety-seven dol-
lars. Medical and hospital department, twenty thousand dollars.
And for additional SEC. 2. 'nd be it further enacted, That the additional sum of eight
tops ced hundred and sixty thousand two hundred and twenty-eight dollars and
forty-five cents is hereby appropriated for the support of two thousand
additional troops to be called into the service of the Confederate States
for twelve months, at Charleston, South Carolina, whenever in the
discretion of the President their services may be required.
APPROvrD March 11, 1861.
March 11, 1861. C3AP. XXXVIII.-An Act making appropriationsfor the support of the Regular Army of the
Confederate States of America for twelve months, and for other purposes.
Appropriations for The Congress of the ConfederatL States of America do enact, That
the support of the the following1 appropriations are made for the support of the regular
regular army. army for twelve months, viz.: For expenses of recruiting and for
transportation of recruits, one hundred and ninety-two thousand five
hundred dollars. Pay of the army, two millions seventy thousand four
hundred and eighty-four dollars. Ilorage for officers' horses and for
cavalry and light artillery horses, one hundred and seven thousand two
hundred dollars. Subsistence for troops, nine hundred and twelve
thousand five hundred dollars. Clothing for the army. six hundred and
forty-eight thousand seven hundred and eighty dollars. Camp Pnd
garrison equipage, sixty thousand dollars. Supplies for the quarter-
master's department-consisting of fuel for the officers, enlisted men,
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PROVISIONAL CONGRESS. SEss. I. CH. 38. 1861. 59
guards, hospitals, storehouses and offices; of forage in kind for the horses,
mules and oxen of the quartermaster's department, at the several po,ts
and stations and with the armies in the field ; of postage on letters and
packets received and sent by officers of the army on public survice ;
expenses of courts martial and courts of enquiry, including the addi-
tional compensation of judge advocates, recorders, members and wit-
nesses, while in tlat service; extra pay to soldiers employed under
the direction of the quartermaster's department in the erection of bar-
racks, quarters, storehouses and hospitals, tbr constant laborfor periuds
of not less than ten days, including those employed as clerks ; expense
of interment of officers killed in action, or who die when on duiy in
the field, or at the posts on the frontiers, and of non-commissioned offi-
cers and soldiers ; authorized office furniture ; hire of laborers in the
quartermaster's department; compensation of clerks of the officers of
the quartermaster's department ; for the apprehension of deserters and
the expenses incident to their pursuit; for the follow'ing expenses
required for the regiment of cavalry and for the four batteries of light
artillery ; namely, the purchase of travelling forges, blacksmith's and
shoeing tools, horse and mule shoes and nails, iron and steel for shoe-
ing; medici,,e for horses and mules; picket ropes, and for shoeing the
horses of the corps named-three hundred and fifty-three thousand
nine hundred and fiftyT-six dollars. For constructing barracks and
other buildings at posts which it may be necessary to occupy during
the year, and for repairing, altering and enlarging buildings at the
established posts, including hire or commutation of quarters for officers
on military duty. hire of quarters for troops, of storehouses for the safe
keeping of military stores, and of grounds for summer cantonments
and for temporary frontier.stations, for commutation of torage for officers'
horses when it cannot be drawn in kind, three hundred and fifty thou-
sand dollars. For mileage, or the allowance made to officers of the
army for the tranportation of themselves and their baggage when travel-
ling on duty without troops, escorts or supplies, thirty-five thousand
dollars : Provided, That mileage shall not be allowed when the officer Provi.
has been transferred or relieved at his own request. For transpurta-
tion of the army-including the baggage of the troops when moving
either by land or water, of horse equipments, and of ,ubsistence-from
the places of purchase, and from the places of delivery under contract,
to such places as the circumstances of the service may require them
to be sent, of ordnance, ordnance stores and small arms, freights,
wharfage, tolls, and ferriages, hire of horses, mules and oxen, and the
purchase and repair of wagons, carts and drays, and o' ships and other
sea going vessels required for the transportation of supplies and fbr
garrison purposes, for drayage and cartage at the several posts, hire of
teamsters, transportation of funds for the disbursing depaitments, the
expense of public transports on the various rivers, the gulf of Mexico
and the Atlantic, six hundred and fifty thousand dollars. For the pur-
chase of horses for the regiment of cavalry and four batteries of light
artillery, one hundred and sixty-three thousand two hundred d,,llars.
Contingencies of the army, fifteen thousand dollars. For the medical
and hospital departments, seventy-five thousand dollars. (ontingen-
cies of the adjutant general's department, six hundred dollars. Arma-
ment of fortifications and purchase of light artillery, two hundred and
fifly thousand dollars. Purchase, manufacture and alteration of small
arms, four hundred and fifty thousand dollars. For ordnance, ordnance
stores and supplies, including horse equipments for the regiment of cav-
alry: and for light batteries, one hundred and ninety-nine thousand five
hundred and forty dollars.
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PROVISIONAL CONGRESS. SESS. I. CH. 39. 1861.
Secretary of War SEC. 2. .And be it further enacted, That the Secretarv of War, under
aythe direction of the Pesident, be and he is hereby aul[orized to apply
of the
siuppot forces.
rlsionatl Pro- any portion of the appropriations made by this act to the support of the
provisional forces which may be called into service, whenever in his
opinion the same uav be necessary.
APPROVED March 11, 1861.
March 11, 186L CHAP. XXXIX.-An Act to establish a Court of Admiralty and Maritime Jurisdittion at Nal
West, in the State of Florida.
atCoart of Admiralty
Key West, State of The Congress of the Confederate States of America do enact, That
Florida. a court of admiralty and maritime jurisdiction at Key West, in the
Stae of Flrida, shall be and is hereby created, which shall have cog-
nizance of all civil causes of admiralty and maritime juristirtion,
including all seizures under the revenue lairs or laws of navigation and
trade of the Confederate States, when the seizures are made or cause
of complaint arises on waters which are navigable from the sea by
vessels of' ten or more tons burden, as well as upon the high seas,
saving to suitors in all cases the right of a common law remedy, where
Jurilsdiction, the remedy at common law is ample and complete. The said court
shall exercise jurisdiction in all that part of the State of Florida which
lies south of a line drawn due east and west from the northern point of
Charlotte Harbor, including the islands, keys, reefs, shoals, harbors,
bays and inl,.ts south of said line.
SEC. 2. The said court shall also have cognizance of all crimes and
offences cognizable under the authority of the- Confederate States arising
upon the high seas and within the territorial limits aforesaid. And
until otherwise provided by law of Congress, the laws of the United
States in regard to crimes and offences, and to the mode of procedure,
practice and trial in all criminal or penal cases, shall be in force and
form the rule of practice and deci ion in the said court.
Judge of said SEC. 3. There shall be appointed by the President, by and with the
eoart, and hissalary. advice and consent of Congress, a judge of said court, for the term
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PROVISIONAL CONGRESS. SEss. I. CH. 40, 41.- 1861. 61
same. The said marshal shall also attend the said court wherever liarshal to attend
may deputiea.
hiolden, and shall have power to appoint as many deputies as he
deem necessary, for whose official acts he shall be bound as for his own.
Sic. 6. Appeals may be allowed and writs of error sued out from a Appeals and writs
said court to the supreme court, of the Confederate States, in the same
manner and upon the same terms as from a district court of the Con-
federate States.
bEC. 7. The said judge shall also appoint for said court a fit person, a toappointan
eJudge
learned in law, to act as attorney for the Confederate States in all mat- Fis duties,
rers touching their interest, and in all crimes anti offences against their
laws. He shall receive for his services a salary of two hundred dol- and compensation.
lars per annum, payable quarterly, and the turther sum of five dollars
a day for each day that he may attend said court when in actual
session.
on the ofcoast
SEc. 8. .4nd be it further enacted, That no vessel, or any master.Ing Psiness wreck-
of
thereof, shall be regularly employed in the business of wreckingon the Florida.
coast of Florida without the license of the judge of said court ; and
before licensing any vessel or master, the judge shall be satisfied that
the vessel is seaworthy and properly and sufficiently equipped and
fitted for the business of saving property shipwrecked and in distress,
and that the master thereof is trustworthy and innocent of any fraudcd may grant
or misconduct in relation to any property shipwrecked or saved on said
coast.
SEC. 9. That the said court shall conform
• When the
to the practice of the dis- conform courtts
to the prae-
trict courts when exercising admiralty and maritime juris.,iction, and ti *e o f the District
shall moreover have power to make rules to govern the practice therein, cots. k roles of
not inconsistent with the laws of the Confederate States. practice.
SEC. 10. All writs and process, either mesne or final, wlich shall Writs and process.
issue from said court, shall bear test of the judge of said court, and
shall be under the seal and signed by the clerk thereof.
SEc. 11. This act shall take effect and be in force from and after the When act takes ef-
passage thereof.
APPROVED March 11, 1861.
CHAP. XL.-An Act making appropriationsto carry out the provisions of "An Act to Provide March 12, 1861.
for the Public Defence."
Cvar. XLL-An Act amendatory of An Act for the organization of the Staff Departments of blarch 14,1861.
the Army, and An Act for the establishnunt and organization of the Army of the Confed-
crate States of America.
The Congress of the Confederate States of America do enact, That Adjutant snd In-
spector General's De-
the adjutant and inspector general's department shall consist of two partment re-organ-
assistant adjutants general with the rank of lieutentant colonel, two Ised.
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62 PROVISIONAL CONGRESS. SEss. I. C. 42. 1861.
assistant adjutants general with the rank of m.qjor, and four assistant
adjutants general with the rank of captain.
Brigadier General SEC. '2. Be it further enacted, That there shall be added one briga-
added to those here-
tofore appointed. dier general to titose heretofore authoiized by law, and that any one
May be assigned of the Lri adier generals of the aru y of the C2onfederate States may
to the duty or Adju be a-signed to the duty of adjutant and inspector general, at the dis-
tant and Inspe,.tor
General. cretion of lie ['re-ident.
QuartermasterOen- SEc. 3. Be it further enacted, That 'he quartermaster general's de-
eral'sDepartrtntre- partinient ,h;ll consist of one quart rinaster general with the rank of
Organilzed. colonpl, one asi..stant quartermas er general with
r the rank of lieutenant
colonel, four as.i,-tant quartermasters with the rank of major, and such
other officers in that department as are already provided by law.
'ommissary Gen- SEc. 4. Be it further enacted, That the commissary general's de-
oral'Departmentre- partinent ,.I,,ll consist of one comtnissary general with the rank of
colonel, one commissary with the rank of lieutenant colonel, one com-
missary with the raink of major, and three commissaries with the
rank of captain; and as many assistant commissaries as may from
time to tiinn be required by the service may be detailed by the
War Department from the subalterns of the line, who, in addition to
their pay in the line, shall receive twenty dollars per month while
engaged in that service.
Commissionsto oM- Sac. 5. Be it further enacted, That in all cases of officers who have
cers of U. S. army resigned, or who may within six months tender their resignations
who have resigned n m
and been "appointed from the army of the United States, and who have been or may be
to original v Ceanties
In the army of the 0. appointed to original vacancies in the army of the Confederate States,
B., to bear the same the conmunis.,ins issued shall bear one and the same date, so that the
date. relative rank of officers of each grade shall be determined by their
former commissions in the United States army, held anterior to the
secession of thetse Confederate ; tates fron the United States.
Oath prescribed for Sc. 6. B itfurther enacted, That every officer, non-commissioned
officers, -,on-comnis-
s offices, mus- officer, musician an private shall take and subscribe the following oath
0oned
cians and privates. or affirmation, to-wit: 1. A. B., do :olenmnly swear or affirm (as the
case may be) that while I continue in the service I will bear true faith
and yield obedience to the Confederate States of America, and that I
will serve them honestly and faithfully against their enemies, and that
I will obseive and obey the orders of the President of the Confederate
States. and the orders of the officers appointed over me, according to
the rules and articles of war.
Laws mliltating SEC. 7. Be it further enacted, That all laws and parts of laws mii-
against this act, re-
pealed. tating against this act be and the same are hereby repealed.
APPROVFD March 14, 1861.
March 14, 1361. CHAP. XLII.- An Act to regulate Foreign Coins in the Confederate States.
Laws of the U. S. The Congress f the Confederate States of America do enact, That
for the regulation of
the mint and branch all laws and parts of laws now in force for the regulation of the mint
mints, declared tobe and branch mints of the United States, and for the government of the
Inforce. officers and persons employed therein, and for the punishment of all
offences connected with the mint or coinage of the United States, shall
be and they are hereby declared to be in full force in relation to the
mints of New Orleans and Dahlonega.
Also tbelaws of the SEC. 2. That all laws now in force in reference to the coins of the
U.S. in reference to United States, and the striking and coining the same, shall, as far as ap-
0103. antdcoinage. plicable, have full force and effect in relation to the coins therein author-
ized, whether the said laws are penal or otherwise, and whether they
are for preventing counterfeiting or debasement, for protecting the
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PROVISIONAL CONGRESS. SEss. 1. CH. 43. 1861.
currency, for regulating and guarding the process of striking and coin-
ing and the preparations therefor, or for the security of the coin, or for
any other purpose.
SEc. 3. That the silver coins issued in conformity with tile law[s] of Silver coins Isued
the United States of twenty-first of February and third of March, Iof'21st und,rato the U. S.
Feb. and 8rd
eighteen hundred and fifty-three, shall be legal tenders in payment of Ma'ch, 15, made
debts for all sums not exceeding ten dollars, all laws to the contrary legal tenders.
not withstanding.
Sac 4. That the following foreign gold coins shall pass current as Foreigh gold coin
money within the Confederate States of America, and be receivable money to pass atcurrent a
certain
for the payment of all debts and demands at the following rates, that rates.
is to say : The sovereign of England, of no less a weight. than five
pennyweights and three grains, and of the fineness of (915 ) nine
hundred and fifteen and one-half thousandths, shall be deemed equal
to four dollars and eighty-two cents. The Napoleon, of the weight of
not less than (4 dwts., 34 grs..) four pennyweights three grains and
one-half, and of a fineness of not less than (899) eight hundred
ninety-ninth thousandths, shall be deemed equal to three. dollars and
eighty-two cents. The Spanish and Mexican doubloons, of no less a
weight than (17 dwts., 8 grs.,) seventeen pennyweizhts eight grains
and one-half, and of the fineuess of not less than (899) eight hundred
ninety-ninth thousandths, shall ue deemed equal to fifteen dollars and
fifty-three cents.
Sic. 5. That the following silver coins s~all pass current
- -as- money
reciv~ • Silvercoin
t current topanat
as money
within the Confederate Ftates of America, and be receivable in payment certainrate.
for all debts and demands at the following rates, that is to say : The
American dollar, ( 4 12 g.) four hundred ad twelve and one-half grains,
and the dollar of Mexico, of not less than (897) eight hundred ninety-
seventh-thousandths in fineness and (415g.) four hundred fifteen
grains in weight, shall be deemed equal to one dollar and two cents.
The five-franc piece, of not less than (900) nine hundred thousandths
,infineness and (384) three hundred eighty-four grains in weight, shall
,be deemed equal to ninety-five cents.
Be it further enacted, 'I hat all laws and parts of laws inconsistent Laws repealed.
-with this act be and the same are hereby repealed.
APPROVED March 14, 1861.
CHAP XLI.-An Act making appropriations for the Legislative, Executive and Judicial March 15, 1861.
expenses of.Government, for the year ending fourth of February, eighteen hundred and
sixty-two.
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PROVISIONAL CONGRESS. SESS. I. CH. 43. 1861.
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PROVISIONAL CONGRESS. SEss. I. CH. 44,45,46. 1861.
CHAP. XLIV.-An Act go authorize the appointment df Commercial Agents or Consuls to for- arch 15, 1SI.
tign ports.
CHAP. XLV.-An Act to authorize the construction or purchase of ten Gun boats. Yarch 15, IS61.
The Congress of the Confederate States of America dc enact, That Eteain fun-boats to
the President be, and he is hereby authorised, to cause to be contruc- for coat de-
chanstructed
ted or purchased ten steam gun-boats, for coast defence, whereof five fence.
shall be of a tonnage not exceeding seven hundred and fifty tons, and
five of a tonnage not exceediag oue thousand tons.
APPROVED March 15, 1861.
Cur.XLVI.-An Act to define and fix the pay of the Officers of the Congress of the Provis- March 15,181.
ional Government.
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G6 PROVISIONAL CONGRESS. SESs. I. Cu. 47, 48, 49. 1861.
Yarch 15, 1861. CHAP. XLVII.-Aa Act to amend an act entitled " An act to etablish a Court of Admiralty
and Maritime Jurisdiction at Key Wrest, in the State of lorida."
The President
appoint to
an attorney The Congress of the Confederate States of America do enact, That
so
and marshal fortse much of an act entitled " An act to establish a Court of Admiralty
CourtofAdmiraltyat and Maritime Jurisdiction at Key West, in the State of Florida," as
KeyWest, Forida. provides for the appointment of a district attorney and marshal of said
court by the judge thereof, be and the same is hereby repealed ; and it
is hereby made the duty of the President of the Confederate States to
appoint tor said court a fit person, learned in the law, to act as attorney
for the Confederate States in all crimes and offences against their laws,
and in all other matters touching their interest. The President shall
also appoint a marshal for said court; and said attorney and marshal
shall receive such pay in every respect, and perform such services
respectively as are provided for and required of attorneys and marshals
by an act entitled "An act to establish the Judicial Courts of the Con-
federate States of America."
APPROVED March 15, 1861.
farch M., IFr. CHAP. XLVIII.-An Act to appoint a Second Auditor of the Treasury.
The President to The Congress of the Confederate States of America do enact, That
appointhecodaA udi-
t,,r of the Treasury.
there shall be appointed by the President, by and with the advice and
consent of the Congress, an additional officer for the Treasury Depart-
ment, to be called the Second Auditor of the Treasury, who shall be
charged with the auditing of accounts for the War Department, and
who shall receive for his services a salary of three thousand dollars per
annum.
APPROVED March 15, 1861.
7d&Tcb15,1961. Cnhp. XLIX.-An Act vesting certain Powers in the Postmaster General.
The Postmaster The Congress of the Confcderate States of America do enact, That
General authorized in the event of a discontinuance of the postal service in any of the
- renew, provisio -o
which contracts
ally, the
under the ps Confederate States, as now carried on by the government of the
tal service is now United States, before the Postmaster General of this Confederacy
performed, and to shall have prepared the new service, under the provisions of the act
ontinue In office the
postmasters and already passed by this Congress, iI shall be lawful for the said Post-
other offlcerL master General to renew, provisionally, the contracts under which the
service is now performed, and to continue in office the several post-
masters and other officers now employed in such postal service, until
he is prepared to replace said service and said officers by new con-
tracts and appointments.
.rd to advertse SEc. 2. That the Postmaster General, at a time to be fixed by him,
to r into
tractsenter
and Con- is hereby authorized to advertise and enter into contracts for carrying0
carrying
ti, m ail.c the mail with due celerity, certainty and security, on the post routes
within the Confederate States, other than railroads and steamboats, in
accordance with the acts passed by this Congress.
Cnveyanoe ,,r SEc. 3. That after such contracts shall have been entered into, on
,ils, except by hls and after a day to be designated by the proclamation of the Postmaster
athority. prohibited. General, all conveyance or mails within the limits of the Confederate
States, except by authority of the Postmaster General, is hereby pro-
hibited.
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PROVISIONAL CONGRESS. SEss. I. CH. 50. 1861.
SEC. 4. Be it further enacted, That the Postmaster General have Toissueclrcularin-
power to issue circular instructions to the several postmasters and ters trut1onstopostmas-
and other officers
other officers still performing service under the appointment of the performing service
under t h e appoint-
United States, in order to enforce the rendition of the proper accounts ment of the U.S.
and payment of the moneys collected by them per account of the
United States, until the Posmaster General shall have issued his pro-
clamation announcing that the former service is discontinued and is
replaced by the new service organized under the authority of this
gvernment.
SEc. 5. That it shall be lawful for the Postmaster General
to allow May sllow exprein
rd other to
express and other chartered companies to carry letters and all mail companies chartered
carry
matter of every description, whether the same be enclosed in stamped iters and other muil
envelopes or pre-paid by stamps or money; but if the same be pre-attr.
paid in money, the money shall be paid to some postmaster, who shall
stamp the same paid, and shall account to the Post-Office Department
for the same, in the same manner as for letters sent by the mail; but Regulations con-
if prepaid by stamps, then the express or other company receiving gent ofps-aae,-
such letters for delivery shall obliterate such stamps, under the penalty letzer-, etc., sent by
of five hundred dollars for each failure, to be recovered by action of o'p",'
debt in any court having jurisdiction thereof, in the name of the Post-
master General, for the use of the Confederate States; but if said
letters or mail matter shall be received by such express or other com-
pany, not for delivery, but to be mailed, then the matter so carried
shall be pre-paid at the same rate that the existing law requires it to
be paid from the point where it may be received by such company to
the point of its destination, and the postmaster, where such company
may mail the same, shall deface the stamps upon the same.
SEc. 6. Be it further enacted, That each agent of any company who Oath rerqired of
may carry letters under the provisions of this act, shall be required to agentofthecortpany.
take an oath that he will faithfully comply with the law of the Con-
federate States relating to the carrying of letters or other mail matter
and obliterating postage stamps, which oath may be administered by
any justice of the peace, and shall be in writing, and signed by
such agent or messenger, and filed in the Post.Office Department.
APPROVED March 15, 1861.
CHAP. L-An Act to amend the Laws relative to the Compensatior of the Attorneys of ths Marsh 1561.
Confederate States.
The Congress of the Confederate States of America do enact, That Fees allowedator.
in addition to the compensation now allowed by law to the attorneys "U3s of the C.S.
of the Confederate States, there shall be hereafter allowed to them for
their services to the Confederate States the following fees : For draft-
ing the declaration writ, information or other pleadings necessary to
bring the cause to an issue, ten dollars ; for arguing questions of law
arising on the pleadings or demurrer, ten dollars-but not more than
one such fee shall be allowed in any cause; for drawing intiictments
on criminal intormations, five dollars; for collecting and paying over
to the Confederate States, inoneys, a commission of one per cent. on
the amount collected and paid, whether the same have been collected
on execution or otherwise ; for attendance on a reference from the
court to a master or commissioner, five dollars a day ; for examining a
land title and written opinion thereon, twenty dollars; for making ab-
stract of title when required, twenty dollars; for examining and making
repdrt on any question or subject, when thereto required by the Presi-
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68 PROVISIONAL CONGRESS. SEss. I. CH. 51, 52, 53. 1861.
March 15, 1861. CHAP. LI.-An Act making appropriations for the Custom.Houses at New Orleans, and
Charleston, and for other purposes.
March 15, 1861. CHAP. LIL-An Act to establish the Bureau of Indian Affairs.
Bureau or Indian
ffairsestablished. an The Congress
additional of the
bureau Confederate
in the States ofbeAmerica
War Department and the do enact, That
sameis hereby
established, to be known as the Bureau of Indian Affairs, and charged
with the management of our relations with the Indian tribes.
dt
Commissionerof In- SEC. 2. Be it further-enacted, That the President, by and with the
lanafarsanddclk. advice and consent of the Congiess, may appoint a Commissioner of
Indian Affairs and one clerk, to take charge of tLe business of the
Their salarles. bureau hereby established, the salary of the commissioner to be
twenty-five hundred dollars per annum, and the salary of the clerk
fifteen hundred dollars per annum.
APPROVED March 15, 1861.
March 15, 1S61. CHAP. LII,-An Act to exempt from Duty certain articles of Merchandise therein named.
The duty on corn- The Congress of the Confederate States of America do enact, That
modities bona fide T
purchased or con- the Secretary of the Treasury is hereby authorized and empowered to
foretheforSh orbe- remit the duty in all cases where commodities were bonafide pur-
1961, within the late chased or contracted for on or before the 18th day of February last,
U..-remitted. within the late United States, where the importer has not been
able to
comply with the provisions of the act to define more accurately the ex-
emption of certain goods from duty, which required that the goods,
wares and merchandise should have beep actually laden on board of
the exporting vessel or conveyance destined for any port in this Con-
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PROVISIONAL CONGRESS. SEss. I. CH. 54, 55. IE61.
OnAp. LIV.-An Act to fix the Duties on Articles therein nntied. March 15, 1861.
CA,. LV.-An Act making -appropriationsfor the support of the Navy for the year ending March 15, 1861.
bfOurle -1bruary, eighteen hundred and sixty'-two.
The Congress of the Confederate States [of America] do enact, That Appropriations for
the Navy for the year
the following sums be and the same are hereby appropriated for the ob- ending the 4th Feb..
jects hereinafter expressed, for the year ending the fourth day of Feb- lst.
ruary, one thousand eight hundred and sixty-two, namely
1st. For the pay of officers of the navy on duty and off duty, based For officers on duty
upon the presumption that all the grades authorized by the act of and or duty.
eighteen hundred and sixty-one will be filled, one hundred and thirty-
one thousand seven hundred and fifty dollars.
2d. For the pay of officers, non-commissioned officers, musicians For marine corps.
and privates of the marine corps, one hundred and seventy-five thou-
sand five hundred and twelve dollars.
3d. For provisions and clpthing and contingencies in paymaster's For pr.visionA and
depirtment, one hundred and thirty-three thousand eight hundred and cogthing and eattin-
sixty dollars. ter'a department.
4th. For the pay of warrant and petty officers, and of five hundred For warrant and
seamen, ordinary seamen, landsmen and boys, and engineer's
0men, depart- petty etcofficers, sea-
, and engi-
ment, one hundred and sixty-eight thousand dollars. reer's de3artment.
5th. For expenditures which will be required for coal for the use of F,r coal forsteam-
steamers, two hundred and thirty-five thousand dollars. ers.
6th. For the probable cost of ten steam gunboats for coast defences For steam gun.
of the Confederate States, to be built or purchased, as may be most hoats.
convenient, one million one hundred thousand dollars.
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PROVISIONAL CONGRESS. Ss. I. Cii. 56, 57, 58. 1861.
[or steam soop 7th. For the probable cost of completing and equipping the steam
Pulton. sloop Fulton, now at the Pensacola navy yard, twenty-five thousand
dollars.
For pay of otflcrs Sth. For the pay of officers and others at the navy yard, Pensacola,
vy Yard, Pensacola. fifty-four thousand three hundred and sixty-three dollars.
vy Yard, aPena l.frthe
For clerks at the 9th. For compensation of four clerks on duty at the Navy Depart-
Navy Department.. ment, as per act of eleventh of March, at fifteen hundred dollars each,
six thousand dollars.
APPROVED March 15, 1861.
March 15, 1561. Cuip. LVI.-An Act to authorize the teaisit of .Merchandis through the Confederate States.
March 15, ISM!. Caip. LVII.-AnAct to repeal the Third Sectien. qf "An Act to exempt.from Duty certain comr-
modities therein named, andjor otherpurpode."
The 3d section of The Congress of the Confederate Stats of America do enact, That
the act of Feb. 18th.
1861, exempting cer- the third section of an act passed February eighteenth, eighteen hun-
tain commodities dred and sixty-one, entitled ,An act to exempt from duty certain com-
from duty, repealed. e f d c c
modities therein named and for other purposes," be and the same is
Tariff laws to apply hereby repealed ; anti that the tariff laws shall apply to the State of
to the State of Texas. Texas from the date of her admission into this Confederacy in the same
manner as the same apply to the other States.
APPROVED March 15, 1861.
March 16, 18561. Cnhp LVIII.-An Act to proride for the Organization of the ay.
The President an- The Congress of the Confede ate States of America do enact, That
thonfd to appoint
coramlsshoned ofti-ers the President be authorized to appoint, in the manner prescribed by
. t LV, law, the following commissioned officers of the navy, viz: four cap-
tains, four commanders, thirty lieutenant, five surgeons, five assistant
surgeons, six paymasters and two chief engineers, and to employ as
and to employ mas-. many masters, midshipmen, engineers, naval constructors, boatswains,
tera, midshipmen, gunners, carpenters, sailmakers and other warrant and petty officers and
etc. seamen as he may deem necessary, not to exceed in the aggregate thrze
thousar d.
Annual pay ot S c. 2. The annual pay of said officers shall be as follows, viz
naval officers:
orcapta,:"I; [Captuins.]-Captains,when commanding squadrons, five thousand
dollars.
All other captains on duty at sea, four thousand two hundred dollars.
On other duty, three thousand six hundred dollars.
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PROVISIONAL CONGRESS. SEss. I. Cu. 58. 1861. 71
When on leave or waiting orders, three thousand dollars.
Commanders.-Every commander on duty at sea, for the first five of CoMDMade7s;
years after the date of his commission, two thousand eight hundred and
twenty-five dollars.
For the second five years after the date of his commission, three
thousand one hundred and fifty dollars.
Every commander on other duty, for the first five years after the date
of his commission, two thousand six hundred and sixty-two dollars.
For the second five years after the date of his commission, two thou.
sand eight hundred and twenty-five dollars.
All other commanders, two thousand two hundred and fifly dollars.
Lieutenants commanding at sea. two thousand five hundred and fifty
dollars.
Lieutenans.-Every lieutenant on duty at sea, one thousand five of Lltutenant;
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 hun-
dred dollars.
After he shall have seen seven years' sea service in the navy, one
thousand six hundred dollars.
After he shall have seen nine years' sea service, one thousand seven
hundred dollars.
After he shall have seen eleven years' sea service, one thousand
eight hundred dollars.
After he shall have seen thirteen years' sea service, one thousand
eight hundred and seventy-five dollars.
Every lieutenant on leave or waiting orders, one thousand two
hundred dollars.
After he shall have seen seven years' sea service in the navy, one
thosand two hundred and sixty-six dollars.
After he shall have seen nine years' sea service, one thousand three
hnndred and thirty-three dollars.
After he shall have seen eleven years' sea service, one thousand
four hundred dollars.
Aftei he shall have seen thirteen years' sea service, one thousand
four hundred and fifty dollars.
.Masers.-Every master in the line of promotion, when on duty as of Hafter:
such at sea, one thousand two hundred dollars.
When on other duty, one thousand one hundred dollars.
When on leave or waiting orders, eight hundred and twenty-five
dollars.
.Midshipmen.-Every midshipman at sea, five hundred and fifty ofmidoipmet;
dollars.
When on other duty, five hundred dollars.
When on leave or waiting orders, four hundred and fifty dollars.
Surgeons.-Every surgeon on duty at sea, for the first five years of sagon,;
after the date of his commission as surgeon, two thousand two hundred
dollars.
For the second five years after the date of his commission as sur-
geon, two thousand four hundred dollars.
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PROVISIONAL CONGRESS. SEss. I. CH. 58, 1361.
For the third five years after the date of his commission as surgeon,
dolhirs.
two thousand six hundred
For the fourth five years after the date of his commission as surgeon,
two thousand eight hundred dollars.
For twenty years' service and upwards, after the date of his corn-
mission as surgeon, three thousand dollars.
Fleet surgeons, three thousand three hundred dollars.
Every surgeon on other duty, for the first five vears after the date of
his commission as surgeon, two thousand dollars.
For the second five years after the date of his commission as sur-
geon, two thousand two hundred dollars.
For the third five years after the date of his commission as surgeon,
two thousand four hundred dollars.
For the fourth five year, alter the date of his commission as surgeon,
two thousand six hundred dollars.
For twenty years' service after the date of his commission as sur-
geon, two thousand eight hundred dollars.
Every surgeon on leave or waiting orders, for the first five years
after the date of his commission as surgeon, one thousand six hundred
dollars.
For the second five years after the date of his commission as sur-
geon, one thousand eight hundred dollars.
For the third five years after the date of his commission as surgeon,
one thousand nine hundred dollars.
For the fourth five years after the date of his commission as surgeon,
two thousand one hundred dollars.
For twenty years' service and upwards, after the date of his com-
mission as surgeon, two thousand three hundred dollars.
of AassItant Sur- ./ssisiant Surgeons.-Every assistant surgeon on duty at sea, one
geons; thousand two hundred and fifty dollars. u
When on other duty, one thousand and fifty dollars.
When on leave or waiting orders, eight hundred dollars.
of Paymasters; Paymasters.-Every paymaster on duty a* sea, for the first five years
after the (late of his commission, two thousand dollars. -
For the second five years after the date of his commission, two
thousand four hundred dollars.
For the third five years after the date of his commission, two thou-
sand six hundred dollars.
For the foarth five years after the date of his commiss~on, two
thousand nine hundred dollars.
For twenty years and upwards after the date of his commission,
three thousand one hundred dollars.
Every paymaster on other duty, for the first five years after the
date of his commission, one thousand eight hundred dollars
For the second five years after the date of his commission, two
thousand one hundred dollars.
For the third five years after the date of his commission, two thou-
sand four hundred dollars
For the fourth five years after the date of his commission, two
thousand six hundred dollars.
For twenty years' service and upwards, after the date of his com-
mission, two thousand eight hundred dollars.
Every paymaster on leave or waiting orders, for the first five years
after the date of his commission, one thousand four hundred dollars.
For the second five years after the date of his commission, one
thousand six hundred dollars
For the third five years after the date of his commission, one thou-
sand eight hundred dollars.
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of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
PROVISIONAL CONGRESS. SEss. I. Cu. 58. 1861.
For the fourth five years afte the date of his commission, two thou-
sand dollars.
For twenty years' service and upwards after the date of his com-
mission, two thousand two hundred and fifty dollars.
Engineers.-Eveyy chief engineer on duty, for the first five years of ngineers:
after the date of his commission, one thousand eight hundred dollars.
For the second five years after the date of his commission, two
thousand two hundred dollars.
For the third five years after the date of his commission, two
thousand four hundred and fifty dollars.
After fifteen years after the date of his commission, two thousand
six hundred dollars.
Every chief engineer on leave or waiting orders, for the first five
years after the date of his commission, one thousand two hundred dollars.
For the second five years after the date of his commission, one
thousand three hundred dollars.
For the third five years after the date of his commission, one thou-
sand four hundred dollars.
After fifteen years' service after the date of his commission, one
thousand five hundred dollars.
-Every first assistant engineer, on duty, one thousand two hundred
and fifty dollars.
When on leave or waiting orders, nine hundred dollars.
Every second assistant engineer on duty, one thousand dollars.
When on leave or waiting orders, seven hundred and fifty dollars.
Every third assistant engineer on duty. seven hundred and fifty dollars.
When on leave or waiting orders, six hundred dollars.
Warrant Offiers.-PEvery boatswain, gunner, carpenter and sail- of Warrant Officers.
maker on duty at sea, for the first three years' sea service after the
date of his warrant, one thousand dollars.
For the second three' years' sea service after the date of his warrant,
one thousand one hundred and fifty dollars.
For the third three years' sea service after the date of his warrant,
one thnusan(: two hundred and fifty dollars.
For the fourth three years' sea service after the date of his warrant,
one thou-and three hundred and fifty dollars.
For twelve years' sea service and upwards, one thousand four hun-
dred and filty dollars.
When on other duty:
For the first three years of sea service after the date of warrant,
eight hundred dollars.
For the second three years' sea service after the date of his war-
rant, -nine hundred dollars.
For the third three years of sea service after the date of his warrant,
one thousand dollars.
For the fourth three years' sea service after the date of his warrant,
one thousand one hundred dollars.
For twelve years' sea service and upwards: one thousand two hun-
dred dollars.
When on leave or waiting orders:
For the first three years sea service after the date of his warrant,
six hundred dollars.
For the second three years' sea service after the date of his warrant,
seven hundred dollars.
For the third three years' sea service after the date of his warrant,
eight hundred dollars.
For ihe fourth three years' sea service after the date of his warrant,
nine hundred dollars.
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of the Government, February 8, 1861, to Its Termination, February 18, 1862, Inclusive - Arranged in Chronological Order. Together
PROVISIONAL CONGRESS. SEss. I. Cu. 55. 1861
For twelve years' sea service and upwards, one thousand dollars.
Cmmisgionei
eera of.
maybe appoint- dnd be it further enacted, That the commissioned officers herein-
ofbefore provided for, and who shall not be nominated before the ad-
e4 during recess
Congress. journment of Congress,.may be appointed by the President during the
recess, to hold their commissions until the next session of Congress.
Length of Pervice SEC. 3. In computing the length of service of such officers as were
of U. B. naval officers t oc
rec'ived into the ser- attached to the navy of the United States, but who have resigned, and
e of th C.8.,hoW have been or may be received into the service of the Confederate
States, th, i.'period of service in the navy of
the United States shall
sea service, dfned, be included ; and no service shall be regarded as sea service in the
purview of said act but such as shall actually be performed at sea, and
in vessels employed by authority of law.
b Pay of seamen
determined to
oy the SEC. 4. The pay of seamen of the navy shall be determined by the
ernidenL President, and may be altered by him from time to time as circum-
stances may require.
Co~ps
'lrbeir pay,ofand
marines.
a.low- SEc. 5. There shall be a corps of marines, to consist of one major,
&a and. one quartermaster, one paymaster, one adjutant, one sergeant major,
one quartrmaster sergeant, and six companies, each company to consist
of one captain, one first and one second lieutenant, four sergeants,
four corporals, one hundred men and two musicians; and the pay and
allowances of the officers and enlisted men shall be the samb as that
of the officers and enlisted men of like grade in the infantry of the
army, except that the ration of the enlisted marines shall be the ration
allowed by law to seamen.
Oter attahedeto
the Navy Depart-
SEC. 6. The following officers shall be attached to the Navy Depart-
ment, and their meat, to wit: An officer, not below the grade of commander, who shall
be charged with the purchase or preparation of ordnance, ordnance
stores and supplies and equipments, and with hydrography, and with
such other duties as the Secretary of the Navy may from time to time
assign to him ; an officer not below the grade of lieutenant, to be de-
signated as the officer of orders and detail, who shall, under the orders
of the Secretary of the Navy, prepare and issue all orders and details
for service, and who shall also, under the direction of the Secretary of
the Navy, have charge of all matters and things connected with courts
martial and courts of enquiry, and with the custody of all records and
papers thereunto appertaining, and perform such other duties relating
to the personnel of the navy, as the secretary may from time to time
direct ; a surgeon or an assistant surgeon, who shall, under the direction
of the Secretary of the Navy, make all purchases of medicines and
medical supplies for the navy, and perform such other duties appertain-
ing to the medical department as the secretary may from time to time
direct; a paymaster, who shall, under the direction of the Secretary of
the Navy, make all contracts for or purchases of provisions, clothing
and coal for the use of the navy, and perform such other duties
Secretary of the as the secretary may direct. The Secretary of the Navy is author-
Navy to appoint one
clerk to aid each offi- ized to appoint one clerk to aid each of the above officers in the
iar. 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.
to visit re-
Qua termaster
tilaired the SEC. 7. It shall be the duty of the quartermaster of the marine
p,,its of he marine corps to visit the difftrent posts where portions of the corps may be
corps. stationed, as often as may be necessary for the proper discharge of
his duties.
Regulations forthe SEC. 8. It shall be the duty of the Secretary of the Navy to'prepare
govrnIn the ao per- and publish regulations for the general government of all persons con-
:rce. nected with or employed in the naval service, which regulations shall
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PROVISIONAL CONGRESS. Sass. I. CH. 59, 60, 61. 1861. 75
COap. LIX.-An Act to provide for payment of Light Money in the Confederate Sta:es. March 16,1861.
The Congress of the Confederate States of America do enact, That L iht mony on
a duty of five cents per ton, to be denominated " Light Money," shall shipor vesets.
be levied and collected on all ships or vessels which, after the first day
of May next, may enter the seaports of the Confederate States from
any seaport, to be collected in the manner heretofore provided by law
as to tonnage duties: Provided, however, That on all vessels trading Prorio.
regularly between ports of the Confederate States, the said duties shall
not be levied and collected oftener than once in every three months.
APPROVED March 16, 1861.
CHAP. L.-AA Act authorizing the President alone to make certain Appointmaens. March 16, "661.
The Congress of the Confederate States of America do enact, That Ap: ointment of in-
ferior ofi
iets to be
during the recess of this Congress the President shall have power to made by the Presl-
make appointments of such inferior officers, as by the Constitution of dent.
CnaP. LXL-Am Act to dstablioA the Judicia Couria of the Confaderae States of Ameriew. March 10, ISit.
The Congressof the Confederate States of America do enact That A .n.a. oe..ion of
the Supreme Court of the Confederate States shall hold annually, at 5upreme Court.
the seat of government, one session, commencing the first Monday of
January, and continue until the businessof said court is disposed of.
SEC. 2. That each of the Confederate States shall constitute one District Courts or-
ganized.
district, inwhich there shall be a court called a District Court, to Jadgcsthereof, a:d
consist of one judge, who shall reside in the state for which he is ap- their ealaries.
pointed, and shall receive a salary equal to that paid to a judge of the
court of the highest jurisdiction in the state where he resides, payable
quarterly. quarterly.Adjnurnmentof
SEC. 3. .and be it further enacted, That the Supreme Court may, by Supreme Court un~ t
any one or more of its judges being present, be adjourned from day a quorum be coa-
to day, until a quorum be convened; and that a district court, in "e td.
case of the inability of the judge to attend at the commencement of And of District
Court, in case of In.-
a session, may be adjourned by the marshal of the district from day ability of Judge to
to day for three successive days, and at the close of the third day the attend.
same shall stand adjourned to the next regular term, if the judge do
not appear ; and in all cases of failure to hold thz court, all process, In case of failure
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PROVISIONAL CONGRESS. SESS. I. CH. 61. 1861.
to hold court, pro-
cess,etc., to be c o n-
pleadings
r 3
and proceedings,
m
of what nature soever, pendin C, before the
tnued. said court, shall be continued, of course.
Marshal Fnd clerks SEC. 4. There shall be a marshal and one or more clerks appointed
to be appointed, for each court-the marshal by the President of the Couifederate
States, and the clerks by the judge of said court-ind said clerks
shall not be connected with the said judge by blood or marriage, who
ubect to removal, shall hold thir offices during the provisional government, subject to
removal by the said judge. They shall each take the oath or affirma-
tion prescribed in the constitution, and for the Faithful discharge of the
Bond and sureties. duties of their respective offices. They shall each give bond with
sureties, to be approved by the judge, for the faithful discharge of
their respective duties, in the penalty and for the amount which may
be prescribed by the judge ; but that of the marshal in no instance
Deputy marshals. shall be less than twenty thousand dollars. The marshal may appoint
as many deputies as may be necessary, for whose acts he and his
sureties shall be bound as for his own.
Dties of marshals, SEC. 5. It shall be the duty of the marshal to attend the court when
and theird, puties. sitting in his district; and the marshal of the district in which the
Supreme Court shall be held, shall attend the sessions of said court.
He shall, by himself or his deputy, execute throughout his district all
lawful precepts directed to him and issued under the authority of the
Posse comitatus. Confederate States, and lie shall have power to command aposse comi-
tatus in the execution of his duty.
How process
directed where to be
mar.
SEC. 6. qnd be it further enacted, That in all cases in which the
,halor hisdeputy is marshal or his deputy shall be a party, the writs and precepts therein
a party. shall be directed to some disinterested person, to be appointed by the
in case of de court or jidge thereof, and such person is hereby authorised to exe-
et,,of marshal, his cute and return the same. And in case of the death, resignation or
deputy tocon inuein removal of any marshal, his deputy or deputies shall continue in offiqe,
office. unless otherwise removed, and shall execute the same in the name of
the deceased, resigned or removed marshal, until another mar-
shal shall be appointed and qualified ; and the defaults or misfeasances
Misfeasance in of-
ace of deputy, ad --
judged a breach ofin office of such deputy or deputies, in the meantime, as well as be-
marshal's bond. fore, shall be adjudged a breach ot the condition of the bond given as
before directed, by the marshal who appointed them , and the
executor or administrator of the deceased marshal shall have
Remedy of exeeu- like remedy for the defaults and misfeasances in office of such
tor or administrao
of deceased marshal, deputy or deputies, during such interval, as the marshal
against his deputyfor would be entitled to if he had continued in life, or in office, and
Il the exercise of his said office, until his successor
was appointed and
Marshal or his de- qualified ; and every marshal or deputy, when removed from office, or
puty to executt pro- when the term for which the marshal is appointed shall expire, shall
cess, et !,Itill next have power, notwithstanding, to execute all such precepts and process
term of court after haeoo, owt
his removal or the as may be in their hand[s] respectively at the time of such removal or
expirA ion of his term
of office. expiration of office, until the next term of the court ; and the marshal
Liability of mar- shall be held answerable for the delivery to his successor of all prison-
shal for p-isoners in ers which may be in his custody at the time of his removal or resig.
htscustody, nation, or when the term for which he is appointed thall expire, and
for that purpose may retain such prisoners in his custody until his suc-
cessor shall be app(*nted and qualified as Iie law directs ; or he may
deliver his prisoners to the keeper of one of the jails of the state in
which he is marshal, in cases where by law of such state itis made the
duty of jailors to receive them.
Writs and process. SEc. 7. All writs and process, either mesne or final, wh;ch shall
issue from the Supreme Court, shall bear test in the name of either of
Beals of thecourts. the judges thereof; and all issued from the district court shall bear
test of the judge of such court, and shall be under the seal of the
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PROVISIONAL CONGRESS. SEss. I. CH. 61. 1861.
court from whence they issue, and be signed by the clerk thereof.
The seals of the Supreme and district courts to be provided by the
respective judges of the -se.me.
SEc. 8. The judge of each district shall appoint the times and places Bne and piace ot
of holding the courts in his district, and where, under the laws of theholding District
United States, his state was divided into two or more districts, he shall
annually hold not less than two terms of his court in each of these When Esty let
districts, as they existed on the first day of November, 1860. But in required
Judge ofto Louolianz
hold his
Louisiana he shall only be required to hold his court out of New Or-. touta NewOr-
leans at such time or times as he may consider the public interest re- leans.
quires him to do, and the counties, districts or parishes which consti-
tute the divisions of his district, shall be the same as thoze which con-
stituted the districts under the laws aforesaid.
SEc 9. The said judges, before they proceed to execute the duties Oath of Judges.
of their re-pective offices, shall take the oath or affirmation prescribed
in the constitution, anA shall also swear or affirm to administer justice,
without respect to persons, and to do equal right to the poor and to the
rich, and faithfully and impartially to perform and discharge all the
duties of his office, agreeably to the constitution and laws of the Con-
federate States,
The to the best of his
SEC. 10. district courts shallability.
have jurisdiction, concurrent with Jurisdition dDls
the courts of the several states, of all civil suits at common law or in til Courts.
equity where the matter in dispute, exclusive of costs, exceeds the
sum or value of five thousand dollars, and where the character of the
parties is such, as by the constitution to authorise said court to enter-
tain jurisdiction. But no person shall be arrested or summoned in any
such suit in one division of district for trial in another; and no civil
suit'shall bebrought before any of said courts against an inhabitant of
the Confederate States by any original process in any other district
than th .t of 'which he is an inhabitant, nor shall any district court
have Coniizance of any suit to recover the contents of any promissory
note, or other chose in action, in favor of an assignee or transferee,
unl. ss a suit might have been prosecuted in such court to recovei such
contents if no assignment or transfer had been made, except in cases
of foreign bills of exchange.
SEc. 11. Upon joint bills, bonds, notes or obligitions, suits may be Sulls upon Joint
brought against any one or more of the parties, except that separate hills, bonds, cOe4 or
suits shall not be brought against joint parties thereto residing in the
same diqtrict; and when several actions shall be brought against per.
sons who might be legally joined in one action, the plaintiff, if judg-
ment be given in his favor, shall not recover the costs of more than
one action.
Sac. 12. Suits in equity shall not be sustained in any of the courts suits
nrqolv.
of the Confederate States in any cane where plain, adequate remedy
may be had at law. And in any state in which there is or may be no
separate court of equity, the district court shall administer and decide
on matters of equity according to the course of practice in the courts
of such 13.
• Sac. state.
The laws of the several states, except where the constitu- Lows of the several
tion, treaties or statutes of the Confederate States shall otherwise re- states to be tUetho
o¢Odcisonof rule
quire or provide, shall be regarded as rules of decision in the courts of of deciio. .
the Confederate States, in cases where they apply. And where the
decision 6f the highest court in a state has become a rule of property, Role of property.
the same shall be adopted as a rule in* the courts of the Confederate
States, in Cases in which the laws of such state apply.
SEc. 14. Except the style, the forms of writs and executions and Forms of process.
other process, and the forms and modes of proceeding in the progress and the modes of
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PROVISIONAL CONGRESS. SESS. I. CIL 61. 1861.
rroceeding in the and trial of suits, and in enforcing the judgments in the district courts
Ogrow and trilof of the Confederate States in cases at law, shall be the same in each
, ,qty. of said states, respectively, as are now in use in the highest court of
original general jurisdiction of the same ; and in proceeding in equi-
ty, according to the principles, laws and rules which govern courts of
equity in such state. And whenever any state shall, by law, change
such forms or modes of proceeding in its own courts, such change
shall be applicable to the forms and modes of proceeding in the said
district courts held in such state, unless Congress shall otherwise pro-
New trials. vide by.law. And the said district courts shall likewise have power
to granit new trials.
Costa and fees of SEC. 15. The costs and fees of clerks and marshals in the said dis-
,1ierks and marshals trict courts shall be the same in all cases, both civil and criminal, as
tithe DistrictCourt2.are allowed by the law of the state in which such court is held, for
similar services, to the officers of such state in the highest court of
original jurisdiction therein, except that the marshal shall be entitled
Milesge. to mileage at the rate of five cents per mile for the .serviceof process
on persons residing out of the county, district or parish in which the
court is holden, such mileage to be computed for the distance actually
travelled in the service of such process, upon the most direct route,
computed from the place of holding such court; and if there be more
than one defendant in the same case in one county, but one charge for
mileage shall be made.
Writs of Injunction, ofSEc. 16. Both the district and supreme courts, and the judges
there-
woirefaclan and ha- o, out of term, shall have power to issue writs of injunction, scire
besscorpus. facias and habeas corpus, and all other writs not specially provided for
by statute, which may be necessary for the exercise of their re-
spective jurisdictions, and Pgreeable to the principles and usages of
law: Provided, That writs of habeas corpus shall, in no case, extend
to prisoners, unless when they are in custody under or by virtue of
the authority of the Confederate States.
SEC. 17. The rules for taking the deposition of any witnesses in a
Dnposlonsof case at Ia whose attendance cannot be procured, shall be the same
messes in a a.case atlw, procureddace
as are in force by law in the highest court of original jurisdiction in
the state in which such depositions are to be used; and they shall be
read in evidence upon the trial of the cause, subject to all legal ex-
ceptions to which they would be liable in the said court of the state.
No witness, under any circumstances, shall be compelled to attend a
Attendance of wit- court in a civil cause in any other district or division than that in which
naesE. he resides ; and where his attendance cannot be procured, his deposi-
tion may be taken. In suits in equity, depositions shall be taken under
a commission issued under the seal of the court, in the same manner
1
Depositions of wit- and under the same rules and regulations in and by which depositions
e-ses nsuitsInequi- may be taken in the highest court of original equity jurisdiction in the
My. state in which such depositions are to be used, and when so taken they
shall be read upon the hearing of the cause, if subject to no legal ex-
ception ; and the said district courts may, also, on application thereto
Perpetuating testi- as a court of equity, direct depositions to be takeli to perpetuate testi-
mooy. mony relating to matters cognizable in any court of the Confederate
States, such depositions tobe taken according to the law and practice
Proviso as to depo- in the state in which the order is made; Provided, That in Louisiana
vitions taken In Lou-
i,ana and Texas. and Texas depositions may in all cases be taken according to the laws
regulating the practice of the highest courts of original jurisdiction in
these states.
Judgos of District SEC. 18. The judges of the several district courts may, each for his
Courts may appoint own district appoint as many commissioners as he may deem neces-
,dati.
commisloners; srto
their Sary, administer oaths and take ackowledgements of deeds or other
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PROVISIONAL CONGRESS. SEss. I. CH. 61. 1861. 79
and if the defendant shall so fail, then judgment by default may be w.h thercquisitium.
rendered against him.
SEc. 0.4. The courts of the Confederate States shall have power to Contempts ofcourt.
shall not be
inflict punishment for contempts of court; but such power
construed to extend to any cases except misbehavior in the presence
of the court, or so near thereto as to obstruct the administration of
justice, the misbehavior of any of the officers of said court in their
official transactions, and the disobedience, resistance or obstruction, by
any person whatsoever, of the process, order, rule, decree or command
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PROVISIONAL CONGRESS. SESS. I. CH. 61. 1861.
of said courts ; but such punishment shall not exceed the imposition
of' a fine of one hundred dollars and imprisonmeut during the term of
the court.
Jurors; the-cl-q.t- 'EC 25. Jurors, in all cases, to serve in the courts of the G)nfede-
lfcations andcxmtp- rate States, shall have the like qualifications, and be entitled to tht, like
tions. exemptions, as jurors in the highest court of original jirisdiction
of
the state in which the district court is held, and shall be selected by
lot or otherwise, according to the form and mode of forming such ja-
ries in the courts of the state, in so far as such mode may be practica.
ble , and for this purpose, the district courts shall have power to make
all rules and regulations necessary to conform to the selection and em-
panelling of juries to the laws of the state, so as to secure an impar-
When jury mny tiaI trial, without needless expense, and without undue burden to the
be summoned of the citizens of aly part of the district. And when, from any cause, there
bystandera, shall not be a jury to determine any criminal or civil case, the court
may direct a jury to be summoned of the bystanders to complete the
panel. And it shall be the duty of the judze, thirty days before the
Judige to direet the holding of the first court in his district, under this law, to direct the
marshal as to the
uummontgofjurors, marshal in what manner, and to what extent, tosummonsjrors Ibr such
Compensation and court. The compenzsation to jurors, in both civil and criminal cases, shall
mileageofjuroM. be the same as is allowed to jurors in eburts of the highest original
jurisdiction in the st:,te in which such court is I eld ; and if in such
state court there be no allowance for mileage, the jurors shall be allow-
ed five cents per mile for travelling froin their respective places of abode
to the places where the court is holden, and the same for returning.
Amount recovera- . SEC. 26. In all suits on bonds, agreements, or specialities for penal-
bleIn suits on honda, ties or breach of covenant, the amount recovered by the default or
tor breach of Cove- r confession of the defendant, or upon demurrer, shall be the sum ac-
etc., for penatie-
nant. tually-due ; anti when the sum, for which judgment is rendered, is un-
When su'n for
which judgment is certain, the same shall be assessed by a jury. On all judgments in
rendered is uncer- civil cases for the payment of money, interest shall be allowed at such
tain, the same shall
beassessedbyajury. rate as is allowed upon judgments rendered in the highest court of
Rate of Interest a. r d i
lowed on judgments..riginal jursdiction in the state in which such district court sits.
Mistakes, etc., In SEC. "27. Every mistake, omission, defect or imperfection in the.pro-
the process and cess, dechiration, pleading, or any of the proceedings in any cause, or
pleadings, or in the o
Judgment, may be in the judgment, shall be amended from time to time, at the in.tance
.anrded. of ei'her party, according to the several statutes of amendments or
jeofails in the state in which the court sits, so as to secure a trial rpon
the merits, and that justice may be done, subject to any ru'e fur the
costs of amendment which the judge may impose.
Where there are SEC. 23. Where. in any state, there are two or more divisions of the
two or more divisions
of the district tourt district court, all writs of execution upon any judgment rendered in
t, a state,exo uto,,s the court of either division may run and be executed in any part of
way be execu-ed in
any ?partof the state. such state, but shall be issuied and made returnable to the court in
which the judgment was rendered.
When,,rtof error SEc. 29. A writ of error, when authorised by law to operate as a
to Operate as a supe--
srdeas and stay f super:edeas and stay of execution, shall only have that effect when a
execuiton. copy thereof and citation have been .served on the adverse party or his
counsel of record ; but no execution shall issue in less than ten days
When execution
no a y be issued on
frot the renditi n of the judgment or decree, unless upon affidavit
Judgment. made, showing a necessity therefor.
Remedy against SEC. 30. Should the marshal or clerk fail to pay over to the party
marshal or . lerk for entitled thereto, or to his attorney of record, upon demand made, any
failureto pay over
mrney in his hands. money which may have come to his hands by virtue of any order or
process of the court, such money, with legal interest and ten per cent.
damages may be recovered from him and his sureties in his official bond,
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PROVISIONAL CONGRESS. SESS. I. CH. 61. 1861.
upon motion and three days' notice in the court of which he is marshal
or clerk.
SEc. 31. There shall be appointed in each of the districts, by the President to ap-
President, a meet person, learned in the law, to act as attorney for the Point district attor.
be sworn or affirmed toneys.
Confederate States in such district, who shall
the faithful performance of his duty in office, and to support the Con-deer oaths and
stitution; and it shall be his duty to prosecute, in such district, all
delinquents for crimes and offences cognizable in such court under the
laws of the Confederate States, and to prosecute or defend all civil actions
in which the Confederate States shall be concerned, except before the,
Supreme Court, in the district in which that court shall be holden. And
he shall receive as compensation for his services a salary of two hundred Compensation.
dollars per annum, payable quarterly, and ten dollars per diem for every
day that he is engaged in attending said court, together with such fees
as shall hereafter be prescribed by law. And where there are three
divisions in the district for which he is appointed, he shall be allowed
mileage, at the rate of ten cents per mile, for going to and returning Ilileage.
When isdistrict
from the court which is most distant from his place of residence, to be orney at-
ab~sent, tlie
computed on the most usual line of travel; and in case of the absence judge may appoint a
of such attorney from any term of the court, the presiding judge may ft person to act for
for the term.
appoint a fit person to act for.him
SEC. 32. Whenever a marshal shall sell any lands or tenements by sellsWhenrealthe marshal
estate and
virtue of any process in his hands, and shall die, or in any manner go dies before makinga
deed, the court may
out of office before making a deed to the same, the court to which the direct his successor
process is returnable may, upon written application and notice thereof to make the same.
to the plaintiff and defendant, or their counsel, and upon a statement
and proof of the facts, direct his successor to make the necessary deed
therefor upon the payment of any purchase money or costs remaining
unpaid.
SEC. 33. In any civil case in any of the courts of the Confederate Security for costs.
States, the plaintiff may, upon motion, be required to give security for
the costs, upon such terms as the court by its rules may prescribe; and
if he should fail to comply within the time allowed, the suit shall be
dismissed at the next term, unless good cause be shown against it. And
the said district courts shall have power, from time to time, to make all Rules for the con-
needful rules for the conduct and dispatch of business therein, not incon- duct and dispatch of
sistent with the Constitution and laws of the Confederate States, or with business.
the provisions of this act.
SEC. 34. The-laws of the several States abolishing imprisonment for State laws atolish-
debt, and providing relief for debtors held in custody, shall take effect deg indprisonment for
in favor of all persons held in custody for debt under the process of the rMlef for debtors in
custody.
federal courts of the Confederacy.
SEC. 35. And be it further enacted, That the said district courts shall Exclusive cogn-
have exclusive cognizance of all crimes and offences cognizable under sance of crimes and
1:3 offences vested In the
the authority of the Confederate States, except where the laws of said district courts.
Confederate States shall otherwise provide.
SEC. 36. The said courts, in term, shall-have power to direct a grand Summoning and
jury to be summoned and impanneled, whenever in its judgment it jurymay !mnanneingofgrand
After such
be proper to do so, and at such time as it may direct.
is impanneled the proceedings shall conform, as nearly as may be, to the
law and practice of the court of the highest original criminal jurisdic- What law to gov-
tion in the State where such district court is held. But no grandandjury ern their piceed-
or court, if
shall be summoned unless upon the order of the judge
made by the judge out of term, shall be in writing, under his hand and
seal.
SEC. 37. 'Until otherwise provided by law of Congress, the laws of inLaws of the U.S.
regard to crimes
the United States in regard to crimes and offences, and to the mode of and offences and the
6
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82 PROVISIONAL CONGRESS. SEss. I. CH. 61. 1861.
prct .c in crirnl procedure, practice and trial iniall criminal cases, shall be in force and
cases, declared
in force, and to to fbrm
f,,rm0fo the rule of practice and decision in the district courts of the Con-
the rule of practice federate States, and where there is no such law governing the practice,
and decision in the
district courts of the then the rule and cour.3e shall conform as nearly as practicable to the
whit ttobe the rute practice established by law of the State court of' highest original
C.aS. a Z juris-
when there is no diction in which the said district court sits. And this provision shall
of evidence extend to the rules of evidence and mode of examining witnesses in
ouRes
and mode of exam- such cases.
ining witness sC
Writs of o'ror or SEC. 38. Writs of error or appeals to the Supreme Court of the Con-
appeals to th Su- federate States shall be allowed the accused in all cases in which the
preme Court ir crim-
inal cases. punishment or penalty, upon conviction, is death or imprisonment in the
penitentiary, in the same manner and upon the same terms as are allowed
in the courts of highest original criminal jurisdiction in the State in which
such district court is holden; and the remedy upon any bond given in
such case, shall be the same as in the courts of the State from which
Writ of error to such appeal or writ of error is taken. Such writ of error shall operate
operate as a stay tO
the execution of the as a stay to the execution of the sentence or judgment, upon the execu-
oentj ug- tion of such bond as may be required by the State law in similar cases;
Wben the Supreme and if" such sentence or judgment shall be affirmed, and the time for
Court to give i ig- executing the same shall have passed, the Supreme Court shall give such
ment or pronounce
sentence, and a,- judgment or pronounce such sentence as the law prescribes, and appoint
point the tine ani
pioce for Its execu- the time and place for carrying the same into effect by the marshal of
Mon. the court from which said writ of error emanated.
Inwhatcivi!auses
the Distalict Courts SEC. 39. The said district courts shall have original cognizance of all
to have oiina cog- civil causes of admiralty and maritime jurisdiction, including all seizures
nizance, under the revenue laws or laws of navigation and trade of the Confede-
rate States, when the seizures or cause of complaint arises on waters
which are navigable from the sea by vessels of one hundred or more tons
burden, within their respective districts as well as upon the high seas;
lSaving to suitors of saving to suitors in all cases the right of a common law remedy, where
common lawremedy. the remedy at common law is ample and complete. And said district
District C o u ra,t
W Courts of Admi. courts, as courts of admiralty, shall be deemed always open for the pur-
ratifty,
for thea'ways open
purpose pose of filing libels, petitions, answers and other pleadings, for issuing
ofPoeOfiiglbsptin,
film libels, etc. and returning mesne and final process and commissions, and for making
all interlocutory orders or rules which may be necessary. And
Laws of the U. s. the laws of the United States and the rules of court in reference
and rules of Court in
Adma',t' cases to to admiralty proceedings in force in the admiralty courts 6f the United
have full force in States of America, on the twentieth day of December, one thousand
the CO !ts of the C.
.eight hundred and sixty, so far as the samemay be applicable,and are not
inconsistent with the constitution and laws of the Confederate States,
are hereby continued in full force and effect in the courts of the-Confbd-
crate States, until altered or repealed by law.
theWrit of error
Supreme in1: SEC. 40.
Court to Final judgments and decrees in civil actions, and final de-
1 acaty
lcaes. crees in equity in a district court, where the matter in dispute exceeds
in value the sum of five thousand dollars, exclusive of costs, may be re-
examined and reversed or affirme4 upon a writ of error in the Supreme
Court, the citation in such case being signed by a judge of the district
court or of the Supreme Court, and the adverse party having at least
thirty days' notice. Writs of error shall not be brought but within two
L;ia'iat 00. years after rendering or passing the judgment or decree complained of,
or in case the person entitled to such writ of [error] be an infant, femme
covert, non compos mentis or imprisoned, then within two years, as afore-
said, exclusive of the time of such disability. And every judge signing
Bond and security a citation or any writ of error, as aforesaid, shall take bond, and good
toproecntewrttwitht and sufficient sureties, that the plaintiff shall prosecute his writ with ef-
whanwritof error feet, and answer all costs if he fail to make good his plea; and no writ
to operate as a su-
ro-dedat. of error shall operate as a-supersedeas and stay of execution, unless such
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PROVISIONAL CONGRESS. SEss. I. CH. 61. 1861. 83
bond be with sureties and of sufficient amount to secure the whole judg-
ment, if it be affirmed, in addition to the costs. And the said
court or the judges thereof, shall have power to appoint a clerk,.'Clerk Appointment of
of the Supreme
who shall take the oath prescribed for the clerks of the district Courtf
courts, and give bonds for the faithful discharge of his duty, in such Oath and bond.
amount as said court may direct, whose fees shall be the same as those His fees.
now allowed to the clerks of the Supreme Court of the United States.
SEC. 41. Where, upon such writ of error, the Supreme Court shall o Damages allowed
n affirmance o t
affirm a judgment or decree, they may adjudge or decree to the deenu-judgment or decree.
ant in error just damages for his delay, not exceeding ten per cent. per
annum-but such damages shall only be given when it is manifest to
the court that the appeal or writ of error was taken for delay-and all Execution in causes
costs. The Supreme Court shall not issue executions in causes that are renioved to the So-
removed before them by writs of error, but shall send a special mandate ofeerto~r, Issue
to the district court to award execution thereupon, including lawful Court. from the District
appeal.
costs accruing upon such
SEc 42. From all final judgments or decrees which may be rendered In what cases ap-
inany district courtin in any
ay cases
dstritof equity orcurtSupreme
admiralty and maritime Sallowed Court.to th
jurisdiction, and of prize or no prize, an appeal, where the matter in
dispute, exclusive of costs, exceeds the sum or value of five thousand
dollars in equity, or of five hundred dollars in courts of admiralty and
maritime jurisdiction, shall be allowed to the Supreme Court, and upon
such appeal, a transcript of the libel, bill, answer, depositions and all Transcript of pro.
other proceedings of what kind soever in the cause, shall be transmitted eedings.
to the said Supreme Court; and no new evidence shall be received in No new evidence
the said court on the hearing of such appeal; and such appeals shall be Appeals subject to
subject to the samb rules, regulations, and restrictions as are prescribed the rules prescribed
In case of writs of
in law in case of writs of error; and the said Supreme Court shall be error.
and hereby is authorized and required to receive, hear and determine
such appeals: Provided always, That appeals or writs of error in any Proviso as to ap-
case to the Supreme Court of this Confederacy, from existing judgments • ror f or
peals of or-
writsexisting
r om
or decrees, may be taken under the same rules and regulations required judgmeutsor decrees.
by the laws of the United States for appeals or writs of error to the
Supreme Court of the United States, existing at the time the said judg-
ment or decrees wererendered.
SEC. 43. The Supreme Court shall have power from time to time to Supreme Court to
ke rules for the
make all such rules and regulations as it may deem needful for the dispatch of cases.
orderly and correct dispatch of cases not inconsistent with the rules of
law, and this power shall extend both to originIal and appellate causes
therein. In all cases in the Supreme Court where there is an equal Proceedings In
division of opinion among the judges ZD
Zn thereof, and the court is not full, judges
casts inore which
equally the
di-
there shall be awarded a re-argument before a full court. If there be vided inopi0io.
such division when the court is full, then the judgment of the court
below shall be affirmed.
SEC. 44. The Supreme Court shall have original jurisdiction of all Original jurisdic-
controversies of a civil nature where a state is a party, except between a tion of the supre, e
state and its citizens, or citizens of any other state or nation. It shall Court.
also have exclusively all such jurisdiction of suits or proceedings against tiExclusive jurisdic
ambassadors or other public ministers, or their servants, as a court of
law can have or exercise consistently with the law of nations; and
original but not exclusive jurisdiction of all suits brought by ambas-
sadors or other pulic ministers, or in which a consul or vice-consul
shall be a party. And the trial of issues in fact in the Supreme Court,
in all actions at law against citizens of the Confederate States,
shall be by jury, and it shall have power to issue writs of prohibition to Trial by jury.
the district courts, when proceeding as court of admiralty and maritime Write of probl
jurisdiction, and writs of mandamus, in cases warranted by the princi- tionand man-lamus.
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PROVISIONAL CONGRESS. SESS. I. CH. 61. 1861.
ples and usages of law, to any courts appointed under the authority of
the Confederate States.
In what cases writs SEC. 45. Be it further enacted, That a final judgment or decree in
of etror allowed fro
the final judgme any suit, in the highest court of law or equity of a state in which a
or decrees of the decision in the suit could be had, where is drawn in question the validity
highest courts of tho f
States tothesupreme o . a treaty or statute of, or an authority exercised under the Confederate
Court of the C. S ; States; or where is drawn in question the validity of a statute of, or an
authority exercised under any state, on the ground of their being
repugnant to the constitution, treaties or laws of the Confederate
States; or where is drawn in question the construction of any clause of the
constitution, or of a treaty, or statute or commission held under the Confede-
rate States; in each of these cases the decision may be re-examined, and
reversed or affirmed in the Supreme Court of the Confederate States, upon a
writ of error, the citation being signed by any judge of the said Supreme
and underwhatre-
gulatibnsg and wI Court, in the same manner and under the same regulations, and with the
what effect h like effect as if the judgment or decree complained of had been rendered
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PROVISIONAL CONGRESS. SEss. I. CH. 61. 1861.
state, and be admissable in evidence in all cases in which copies are ad-
mitted as evidence in the courts of the Confederate States : Provided, Proviso as to suits
That all suits which shall have been pending in any of said courts for years
P end1i g forprose-
without live
the space of five years without prosecution shall be considered as aban- cution.
doned, unless prosecuted within six months from the time of such
transfer. And the judgments in all civil cases heretofore rendered in said Effect of unsatls-
circuit and district courts of the 'United States remaining unsatisfied, fed judgments of the
SCircuit and District
shall have the same force and effect which they had before the secession Courts of the U.S.
of the State in which said court is situated, and the same proceedings may What proceedings
may be had thereon
be had thereon in the district court of the Confederate States, by execu- inthe District Court
tion or otherwise, which might have been taken in the court in which of the C.S. by execu-
tion or otherwise.
they were rendered at the time of their rendition. And where, under
any such judgment of the circuit courts of the United States, any
execution may have been in part executed by levy on property or other-
wise, it shall be the duty of the marshal or officer in whose hands such
execution and property may be, to turn over the same to the marshal of
the Confederate States for the'district in which such judgment was ren-
dered, and to take his receipt therefor; and thereupon the said marshal
shall proceed to dispose of the same according to the laws in force at
the time such judgment was rendered, and pay over the proceeds to the
party entitled. And new process shall be issued in such district courts
when requisite; but all suits pending in said courts in which the United g.are In whichto re-
Suitsplaintiffs U.
States are plaintiffs shall remain suspended, and no further proceedings main suspended.
shall be had therein until the independence of this Confederacy shall be Executions of all
recognized by the United States; and execution of all judgments ren- judgments rendered
In favor of the U. S.
dered in favor of said United States is hereby suspended, and all seizures likewise suspended.
on executions herdtofore made in behalf of the said United States are Seizures on execu-
hereby declared to be inoperative and void, and shall not be renewed of tions U. S., In
themade rehalf
declared
until recognition be made of the independence of this Confederacy as void.
aforesaid. But this section shall be subject to such disposition of the Proviso.
causes therein provided for as has been made by the several States be-
fore the adoption of the Provisional Constitution, unless said States
shall conform their legislation to the provisions in this act contained.
SEC. 48. Where cases are now pending in the Supreme Court of the 'Transfer of causes
United States upon appeal or writ of error, from any court of the States pending in the Su-
preme Court of the
now forming the Confederate States, it shall be lawful for the appellant U. S., upon appeal or
writ of error, to the
or plaintiff in error, at any time within twelve months from the date, to Supreme Court of the
dismiss such appeal or writ of error, and file a transcript of the record C.S.
and a copy of the bond for the appeal or writ of error in the Supreme
Court of the Confederate States, and thereupon the same shall be con-
sidered.-in all respects as if it had been originally filed in the said
Supreme Court of the Confederate States, and shall be heard and deter-
mined in said court according-to the laws in force at the time said cause
was determined in the court below, and the rights of the respective
parties shall be the same as when said cause was taken up to the
Supreme Court of the United States. And if such cause shall not be If not transferred
transferred in twelve months as aforesaid, then the judgment of the within twelve monihs
the judgment of the
court from which the appeal or writ of error was taken shall be deemed Court below affirmed.
final and in all things affirmed. And in case of such transfer, the bond Bond given remain for ap-
peal, etc., to
given for the appeal or writ of error shall be and remain in full force in inforce.
the court of the Confederate States ; and in cases where the transcripts Transcripts of re-
of the records have already been printed in the Supreme Court of the cords printed Inthe
Supreme Court of the
United States under the rules thereof, such printed copy, duly certified U.s., maybe filed.
by the clerk of that court, may be filed in the Supreme Court of these
Confederate States, and it shall not be necessary to have a new tran-
script made by the clerk of the court from which the appeal or writ of
error was prosecuted.
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PROVISIONAL CONGRESS. SESS. I. CH. 61. 1861.
District Courts of SEC. 49. And where there shall heretoforehave been any judgment
tbeC. S. and their or decree in the Supreme Court of' the United States in a ease from any
officers to carry hito
euted certain unexe-
tffect judgmnents, of the
ete, et e district or circuit courts of the United
States for any one of the
of the Supreme Court States now forming a part of the Confederate States, and which remains
of the U. S. remain- in force and unexecuted, it shall be and it is hereby made the duty of
ieg in force. the distrit court of such Confederate State and its officers, to carry into
effect and to execute such judgment or decree according to the mandate
of the Supreme Court of the United States, as if there had been no
Proviso. dissolution of the Union : ],orled, That such judgment or decree was
rendered before the secession of the State from which such cause went
Notice to party or to the Supreme Court. Vhen any cause is transferred under the provi-
his counsel of causes
transferred un dr slons of this law, notice of such transfer shall be given to the adverse
this law. party or his counsel thirty days before the term of the court at which
such case is to be tried. M
Effect of judgments
in
SEC. 50. In all cases where persons are under judgment or sentence,
of U. S. courts
criminal cases, or are imprisoned upon conviction of any crime or offence before any
court of the United States, in any of the States now forming a part of
the Confederate States of America, such judgment or sentence shall
continue in full force and effect until the same has been executed and
theDistrict Courts of carried
C. S. empowered t t out,
i. and the said district courts of the Confederate States are
t,eecute 'them. herebyecotned with all necessary powers to have such judgment or sentence
Persons under ar- executed. And no person now under arrest or in custody upon any criminal
rest on process issued c or
from the United charge or offence, on process issued from the courts of the United States,
States Courts. shall be released by reason of the dissolution of the Union, but he shall
continue under arrest or in custody until discharged by due course-of
Dail bond to bind law. And any bail bond given by any party to answer any charge under
party to appear In process from any of said courts, shall be obligatory upon such party and
Court. his sureties, and bind him to appear at the first term of the district court
of the Confederate States to be held for the district in which he was arrested.
Indictments found And all indictments heretofore found in any of the said courts and
in any cf he U.S not yet disposed of shall continue in full force and virtue until heard
courts, to be heard, disose
etc., in the District and determined in the district court of the Confederate States for the
Courts or the C.. district in which the same was found. And all warrants or other process
Warrants or other. crmnlc. fo fsi
process f om s a i d issuing on any criminal charge from any of said courts shall continue in
courts, force and be made returnable to the court of the district in the Confede-
rate States in which the offence therein charged is alleged to have been
committed. And to these ends full authority is hereby granted to said
district courts.
Penitentiary and SEC. 51. Where, by the laws of any State, its penitentiary or jails
jails. may be used by the courts or marshals of the Confederate States, the
same shall be so used whenever necessary; but if in any State there be
no law authorizing their use, then it shall be the duty of the marshal to
provide a suitable place or places for the custody and confinement of all
prisoners or convicts who may be committed to his custody by competent
legal authority.
Special jurisdiction SEC. 52. Where any forfeiture or penalty is by law prescribed against
of District Court held0
atf isteseat of gover- misfeasance or malfeasance in office by any of the officers of the Con-
meat, of crimes aod federate States residing at the seat of government, or where crimes or
offences committed
by nublic officers, offences are committed by any of said officers in their respective offices,
and of suits on their which are or may be punishable by indictment, or where suits may
become necessary upon the official bonds of any such officers, made pay-
able to the Confederate States of America, the jurisdiction in all such
cases shall pertain to and be exercised by the district court of the Con-
federate States which shall be held at the seat of government.
Writs of error or SEC. 53. From all judgments or decrees which shall be rendered in
appeal to the Su-
preme Court from causes pending in the courts of the United States at the time of the
judgments rendered secession of the States in which the same were, and which causes shall
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PROVISIONAL CONGRESS. SESS. I. CH. 62, 63, 64. 1861. 87.
be transferred to and decided by the courts of this Confederacy, writs I, causes pending in
of error or appeal may lie to the Supreme Court of this Confederacy, St the time of the
when the sum or matter in controversy exceeds the sum of two thousand secession o f t he
States.
dollars.
SEc. 54. This act shall be in force and have effect from and after the When act tates ef-
passage thereof, and all laws and parts of laws coming within the pur- fect.
view of this act, shall be and the same are hereby repealed. Laws .epea~ed.
APPROVED March 16, 1861.
CHAP. LXII.-An Art supplementary to an act en'itled an act to organize the Navy. March 16, 1SGI.
The Congress of the Confederate States of America do enact, That in• fofficers
rielative ofPriton
the Na-
ease officers who were formerly attached to the navy of the United Yof the U. s. wto
States, but had resigned in consequence of the secession of any one or of have a[, po inand
reigncd
receive~l t-
all of the Confederate States, should receive appointments in the navy hcritg il the ..;vy of
of the Confederate State., the President is authorized to affix to their .
commissions such dates as may be necessary to secure to them the same
relative position that they held in the former service.
APPROVED March 16, 1861.
CHiP. LXIII.-An Act supplemental to an act to define and fix the py of the ojficers of March 16, 1861.
the Congress.
The Congress of the Confederate States of America do enact, That of Pay of the officer
Congress a 4cr
the amount of salary established by the said act for each officer during the Provisional GoV-
the continuance of the Provisional Government shall be deemed a salary ernmeut, defined and
thereof
for a year; and that each officer may receive a rateable proportion
at any time during the year, upon the warrant of the President of the
Congress.
APPROVED March 16, 1861.
CHAP. LXIV.-AniAct to appropriatemonej for ccrtain civil purposes. March 16, 1S61.
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83 PROVISIONAL CONGRESS. SESS. I. Cm 65, 66, 67. 1861.
,arh l.i, 1561. ChAp. LXV.-A e It wotking addtonl appro) ,,tiong for th' eRpport .( the Arnty,
frjr the yco r cding the firnt of Xarch, iyhteen hundred and vixty-ftco.
A;,propriation to r The Co,p'ess ot' the Cohitfdertte States of Amcriect do enact, That
the -urctotn of ord-the following sum be, and the same is hereby appropriated, out of any
rncand oidnance l olw
&~orc , money in the Treasury not otherwise appropriated, namely: For the
purchase of ordnance and ordnance stores, one hundred and ten thousand
dollars.
APPR OVED March 16, 1861.
March 10, 1SOI. CnA'P. LXVI.-An Act mikinq ,pproprititions for the service Ojf the Postofflce Depart.
vient, for the fisetd ye~tr ending the firt (f 31arch, eighteen hnadred and b'ixty-tv'o.
Appropriations for The Conjress of the Confederate States of America do enact, That
Postotie Depart- the following sums be appropriated for the Post Office Department for
meat.
the year ending the first of March, one thousand eight hundred and
sixty-two, out of any moneys in the Treasury, arising from the revenues
of the service of said department, namclh For transportation of' the
mails inland, one million one hundred and two thousand, two hundred
and eighteen dollars and forty-nine cents ; for compensation of Post-
masters, three hundred thousand dollars ; for clerk ofIPost Offices, one
hundred thousand dollars ; for ship, steam-boat and way-letters, five
thousand dollars ; for office furniture for Post Offices, two thousand dol-
lars ; for advertising, fifteen thousand dollars ; for mail bags, ten thou-
sand dollars ; for paper blanks, ten thousand dollars ; for printing blanks,
three thousand dollars ; for wrapping paper, eight thousand dollars ; for
mail locks, keys and stamps, ten thousand dollars ; for mail depredations
and special agents, twenty thousand dollars ; for miscellaneous payments,
forty thousand dollars; for postage stamps and stamped envelopes,
twenty-five thousand dollars; for payment on account of foreign mail
service, seventy-five thousand dollars- for payment of letter carriers,
two thousand dollars.
To supply deicien- SEC. 2. That the sum of three hundred and twenty thousand and
cies in the ievenue
of the said depart- Sixty dollars thirty-six cents be, and the same is hereby appropriated, to
mel;. be paid out of any moneys in the Treasury not otherwise appropriated,
to supply deficiencies in the revenue of the Post Office Department for
the year ending the first of March, one thousand eight hundred and
sixty-two.
APPRioVED March 16, 1861.
March 16, 1S61. CnAP. LXVII.-Aa Act to authorize the &Seerctaryqf th Treasury to appoint Special
Agents in ertcnes.
'
Sp'ciaW agents to The (Gongressofthe Con.federate States [of America do] enact, That the
organize can torn-
ho ,-,s on the fron- Secretary of the Treasury shall bc, and he is hereby authorized to appoint
ttersand to examine special agents for the purpose of" organizing
C) 0 the custom-houses at ports of'
books, accoutst$ etc.
entry and11
delivery on the - frontiers between the Confederate States and
other Governments, and to cause examinations to be made of the books,
accounts, money on hand and general managemcnt of all the offices of the
several collectors of the customs, sub-treasurers, public depositories,
mints, and all other officers and agents who may be under the control of
Compensation. the Treasury Department, as occasion may require, with such compensa-
tion, not exceeding six dollars per day and traveling expenses, as he
may think reasonable, to be fixed at the time of each appointment.
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PROVISIONAL CONGRESS. Srss. I. CH. 68, 69. 1861. 89
CHAP. LXVIII.-An Act Making appropriation for the service of the Bureau of Indian March 16,1861.
Affairs.
The Congress of the Confederate States of America do enact, That Appropriation for
the following sum be, and the same is hereby appropriated, out of any Bore u of dian
money in the Treasury not otherwise appropriated, for the service of the Affairs.
Bureau of Indian Affairs, for the year ending first of March, eighteen
hundred and sixty-two, namely : For the salary of the commissioner and
chief clerk of the Bureau of Indian Affairs and incidental expenses of
the bureau, five thousand dollars.
APPROVED March 16, 1861.
CHAP. LXIX.-An Act to amend an act entitled an act authorizing the President alone to March 16,1861.
make certain appointments.
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90 PROVISIONAL CONGRESS. SESS. I. RES. 1, 2, 3,4. 1861.
RESOLiU T IONS.
February 5, M
5I. [No. 1.] A Resotution to ,(jp,,;,,t
2!s,r,. Reid & S;orterPr.rs to the Congress.
Public printers ap- Pcsoltled, That Messrs. Reid & Shorter be appointed printers to this
polnied. Conf_-ress while it holds its sessions in Montgomery; and that all the
of quality work to be done shall, in style and quality, equal that done for the State
Compensation. of Alabama, and shall be paid for at the same proportionate rates of
compenlsation.
ADOPTED February 5, 1861.
App-opriation by
$Lato of'Alabamna.
1st. Resolved by the Confederate States of America in Congress
assembled, That this Congress accept the liberal offer
of the General
Assembly of the State of Alabama, to place at the disposal of this body
the sum of five hundred thousand dollars, as a loan to the government
of the Confederacy now being formed.
2d. Resolhed by the atthority aforesaeU, That this Congress place the
highest appreciation upon this generous, patriotic and considerate action
of the State of Alabama, and realize in it the zealous devotion of the
people of that state to the cause of " Southern Independence."
ADOPTED February 8, 1861.
February S, 1SGI. [No. 3.] A Resolutton for the 1)reservation of the Records of Congress.
February 6,1561. [No. 4.] A Resolution in regard to the State of North Carointa, and the Commissioners
Jrom said State to this Congress.
P.eamble. Whereas, the people of North Carolina and those of the States rep-
resented in this Congress have a common history, a common sympathy,
a common honor, and a common danger; and, whereas, it is the
opinion and earn zst desire of this Congress that the State of North
Carolina should be united in government with these states;-
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PROVISIONAL CONGRESS. SEss. I. RES. 5, 6, 7, 8. 1861. 91
[No. 5.] A Resolution in relation to the occit1attion of theftr8s and arscetas8, &c. February 12, 1861.
Resolved by the Congress of the Confederate Statcs of America, That ihe States a of eest~ons
between
ti
this government takes under its charge the questions and difficulties now co. fderaey atnd the
existing between the several states of this Confederacy and the gove U S rlaitng to forts,
ment of the United States of America, relating to the occupation ofartcnls1tc.
forts, arsenals, navy yards, and other public establishments ; and that
the President of the Congress be directed to communicate this resolution
to the several states of this Confederacy, through the respective gov-
ernors thereof.
ADOPTED February 12, 1861.
[No. 6.] 4 Resolution authorizing the Secretary of Congress to arrange for publication February 14,1861.
the Provisional Cotstitution for the Government of the ConfederatetStates ,f America,
with the autograjph signaturesof the members of Conyress, &e.
[No. 7.] A Resolution to autitorzetlte Judiciary Comm ittee to tavo sueh matteplwinted as February 14, 1S61.
they maty desire to ltty before the Congress.
Resblved by the Confederate States of Amerca in Cong'ess asscnblcd. Printing for Judi-
That the Judiciary Committee be authorized to have such matter printed eiry Counittte.
[No. 8.] A Resolution to continue in office the officers of the customs. February 14, S11.
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92 PROVISIONAL CONGRESS. SESS. I. RES. 9, 10, 11, 12. 1861
Diminution of ex- plan, to go into effect at the said date, whereby the expenses of collect-
penses of collecting nu at each custom house shall be diminished at least fifty
'he revenue. in h revenue shal bec.nseua os
per cent.
ADOPTED February 14, 1861.
February 14, 1861. [No. 9.] A Resobiti,n ,iring certain p;occrs to the (C'wnnitteeon .NavalAffaire.
Printing for the Resolved bky the Congress of thie Confedcrate States of America in
standing committees
of Congress. 0otegress assembled, That each of the standing committees of Congress
is authorized to cause to be printed any matters which it may deem re-
quisite for the use of the committee.
ADOPTED February 15, 1861.
February 15,1861. [No. 11.] A .Resolution for the o))ointaent of Comisnisioners to the Government of the
United States of America.
February 16, 1861. [No. 12.] A Resolutio fur the enforement of the Revcnue Lowes.
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PROVISIONAL CONGRESS. SEss. I. REs. 13, 14, 15, 16. 1861. 93
The Congress of the Confederate States of America do resolve, That Executive mansion
that the committee to arrange for government buildings be authorized to be leased.
to lease a furnished mansion for the residence of the President of the
Confederate States.
APPROVED February 25, 1861.
Resolved by the Congress of the Confederate States of America, That of Specifications, etc.,
inventions and
all persons, being citizens of the Confederate States, who may wish tOuseful discoveries
for inventions and useful discoveries and ayad Improvements
procure patentsmay
improvements, filecaveats
or file in the office of the Attorney General a specifica-omce ftheeAttorny
tion of such invention, discovery or improvement, together with such General.
descriptive drawings as may be necessary; and such specification, when To operate as a ca-
so filed, shall operate as a caveat to protect the rights of such persons, veat.
until regular application can be made according to law; and this resolu-
tion shall apply to all patents heretofore granted by the United States to
citizens of this Confederacy, and to caveats heretofore filed by such
citizens in the IPatent Office of the United States, on such patents and
copies of such caveats being deposited, as aforesaid, in the office of the
Attorney General: Provided, That such applicants shall pay such fees Proviso.
as may hereafter be required by law establishing a patent office, on'ap-
plication for patents and filing of caveats.
APPROVED March 4, 1861.
Whereas, Great Britain, France, Prussia, Saxony and other European PreAmble.
Powers, have passed laws to secure to authors of other states the
benefits and privileges of their copyright laws, upon condition of
similar privileges being granted by the laws of such states to authors,
the subjects of the powers aforesaid; Therefore be it
Resolved by the Congress of the Confederate States of America, That International copy-
the Commis- rights.
the President be and he is hereby authorized to instruct
sioners appointed by him to visit the European Powers, to enter into
treaty obligations for the extension of international copyright privileges
to all authors, the citizens and subjects of the powers aforesaid.
APPROVED March 7, 1861.
[No. 16.] A Resolution to continue the aints at New Orleans and Dahlonega. March 9,1861.
The Congress of the Confederate States of America do resolve, That S"nts at New Or-
and theleans and Dahlonega.
the mints at New Orleans and Dahlonega shall be continued,
proper arrangements made as soon as possible to procure suitable dies for Dies forthe coin.
the coin of the Confederate States.
Resolved further, That the Secretary of the Treasury be requested to Appropriation for.
estimate and report to Congress the lowest amount of appropriation
necessary to carry out the above resolution.
APPROVED March 9, 1861.
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94 PROVISIONAL CONGRESS. SESS. I. RES. 17, 18, 19. 1861.
Committee to re- Resolved, That a committee of three menibers of this body be ap-
oise the Satute laws pointed to revise the statute laws of the United States, and ieport, in
form of a digest, such laws as are applicable to this Confederacy, to-
gether with such changes and modifications as they would recommend
for the adoption of Congress.
Authorized to em- Resolued farther, That the committee have leave to sit during the
ploy clerks and to or-
der printing, recess, and to employ such clerks and to order such printing as they may
require, and that they be authorized to draw for the same on the appro-
priation for the contingent expenses of Congress.
Committee to be Resolved further, That the committee be appointed by the President
appointed by t h t
President of 0 o n- Of Congoress.
grCB3. APPROVED March 12, 1861.
March 14, 1561. [No. 15.] A Resolution acceptilig certain funds tendered to the Confederate States by the
State of Louisiana.
March 15, 1861. [No. 19.] Rcsolttions in reference to forts, dock-yards, reservation# d pGroperty ceded
to the Confederate States.
Cession by th e Resolved by the Congress of the Confederate States, That the Con-
States of forts, arse-
alsonavyyards,etegress do recommend to the respective States to cede the forts, arsenals,
navy-yards, dock-yards and other public establishments within their
respective limits to the Confederate States, and moreover, to cede so
much of the lands reserved heretofore by the"government of the United
States, or other public vacant lands in their respective limits as may be
necessary for timber or lumber for naval or other purposes of public
concern; and that the President of Congress be requested to communi-
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PROVISIONAL CONGRESS. SEss. I. REs. 20, 2i1. 1861. 95
[No. 20.] Reeolutions in relation to the contingentfund of Congress. March 15, 1861.
[No. 21.] A Resolution to provide for the auditing and payment of certain claims against March 16,1SGI.
the Congress.
'Resolved by the Congress of the Confederate States of America, That.ingAuditing and pay-
of certain claims
Hon. William P. Chilton, the resident member of the committee on ac- against the Congress.
counts, be authorized to audit and allow the accounts against the Congress
which have not been audited and allowed-the Secretary of the Con-
gress to act with said member of said committee; and claims audited
and allowed by them to be paid on the order of said Chilton, for said
committee, countersigned by said Secretary; and this resolution to operate
only during the recess of Congress.
APPROVED March 16, 1861.
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PROVISIONkL CONGRESS. SEss. I. CH. 1. RES. 1. 1861.
CONFEDERATE STATES.
Passed at the first session of the Provisional Congress, which was begun
and held at the City of Montgomery, on Monday, February 4, 1861,
and continued to March 16, 1861.
JEFFERSON DAVIS, President. ALEXANDER H. STEPHENS, Vice Pre-
sident of the Confederate States. HOWELL COBB, President of the
Congress.
CHAP. L-An Act for the relief of William P. Barker. February 25, 1861.
SECTION 1. The Congress of the Confederate States of America do thorized IT•P.;arer a•u-
to file speci-
enact, That William P. Barker, a citizen of the State of Alabama, be fifation of his inven-
authorized to file in the office of the Attorney General, a specification oflJ~ n -
an invention claimed to have been made by him, as an improvement in the
mode of casting ordnance; and that the same shall, from -I this-date, oe Theas same
Oll- rate to ope-
a cayeat.
rate as a caveat, to protect his said invention, untilan application can be
made for a patent according to law.
APPROVED February 25, 1861.
RESOLUTIONS.
[No. 1.] A Resolution for the relief of J. A!. Walden, a ciizenof Georgia. February 16, 1861.
panied by suitable drawings and explanations, setting forth the design road s'i.rche.
and purpose thereof, for the protection of an improvement claimed to
have been made by him in railroad switches; and that said caveat,
when so filed as aforesaid, shall be effectual to protect his rights to said
invention, until a patent office shall have been established: Provided,That Proviso.
as soon as said office is established, said caveat shall be filed with the com-
missioner thereof, and such proceedings had thereon as may be authorized
by law.
ADOPTED February 16, 1861.
7
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98 PROVISIONAL CONGRESS. SESS. I. -REs. 2. 1862.
March 15,1861. [No. 2.] A Resolution to paay certain naval oiccra thcir traveling expcnses.
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PROVISIONAL CONGRESS. SE... 1,2. 1861.
CONFEDERATE STATES,
Passed at the second session of the Provisional (ongress, which was br*9"un
and held at the city of Mllontqomery, on iliondthy, the tenty-ninth day
day of April, 1861, and ended on the twenty-fit dy of Ma!, 1861.
STATUTE II.
CnAP.I.-An Act to providefor the appointment of chaplaina in the army. Mely 3, 1861.
CnAp. II.-An Act providing for a regiment of Zouaves in the Army of the Confederate ,
States.
The Congress of ,he Confederate States of America do enact, That i-e gme nO. of
there shall be added to the military establishment of the Confederate 1. •o1d5es ad3el
thie" r,'ito
fab-
States, one regiment of Zouaves. to be composed of one colonel, one leu- -
tenant-colonel, one major, and ten companies ; and each company shall
consist of one captain, one first lieutenant, two second lieutenants, one Officerg. rd their
sergeant m one qsergeant, four sergeants and eiht
major, quartermaster's pay and all ow-
corporals, and ninety privates. And to the regiment there shall be at- uces.
tached one adjutant and a quartermaster, to be selected from the lieu-
tenants. And one assistant surgeon shall be appointed for the regiment,
in addition to those already authorized by law for the medical depart-
ment. The monthly pay of the officers of the regiment of Zouaves shall
be the same as that of officers of infantry of the same rank ; the allow-
ances shall also be the same as those provided by law for officers of infan-
try; and the adjutant and quartermaster shall receive ten dollars per
month in addition to their pay as lieutenants. The monthly pay of the
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PROVISIONAL CONGRESS. SESS. II. CH. 3. 1861.
May 6, l. COA. II.-A, a't recognizing t1he existence of war between the United State8 and the
Cjonfederate States; and co ceerniny letters of mnarque, prizes and prize goods.
Praamble. Whereas, the earnest efforts made by this Government to establish friend-
ly relations between the Government of the United States and the
Confederate States, and to settle all questions of disagreement between
the two Governments upon principles of right, justice, equity and good
faith, have proved unavailing by reason of the refusal of the Govern-
ment of the United States to hold any intercourse with the commissioners
appointed by this Government for the purposes aforesaid, or to listen to
any proposal they had to make for the peaceful solution of all causes of
difficulty between the two Governments; and whereas, the President of
the United States of America has issued his proclamation making requi-
sition upon the States of the American Union for seventy-five thousand
men for the purpose, as therein indicated, of capturing forts and other
strongholds within the jurisdiction of, and belonging to the Confederate
States of America, and has detailed naval armaments upon the coasts
of the Confederate States of America, and raised, organized and equip-
ped 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 Confed-
erate States, and has adopted the Provisional Constitution of the said
States; and the States of Maryland, North Carolina, Tennessee, Ken-
tucky, Arkansas and Missouri, have refused, and it is believed that
the State of Delaware and the inhabitants of the territories of Arizona
and New Mexico, and the Indian territory south of Kansas, will re-
fuse to co-operate with the Government of the United States in these
acts of hostilities and wanton aggression, which are plainly intended
to overawe, oppress and finally subjugate the people of the Confed-
erate States; and whereas, by the acts and means aforesaid, war exists
between the Confederate States and the Government of the United
States, and the states and territories thereof, except the States of
Maryland, North Carolina, Tennessee, Kentucky, Arkansas, Missouri
and Delaware, and the territories of Arizona and New Mexico, and
the Indian territory south of Kansas: Therefore,
SECTION 1. The Congress of the Confederate States of America do
enact, That the President of the Confederate States is hereby au-
President author- thorized to use the whole land and naval force of the Confederate States
ized to use the to meet the war thus commenced, and to issue to private armed vessels
wholeludanda-commissions,
comsingnea.erslor letters of marque and general reprisal, in such form as
val forces,
And to issue let- he shall think proper, under the seal of the Confederate States, against
ters of marque and the vessels, goods and effects of the government of the United States,
reprisal, and of the citizens or inhabitants of the states and territories
Proviso,
property oft hne. thereof, except the states and territories herein before named : Pro-
os to
enemy. vided,, however, That property of the enemy (unless it be contraband
to seizure
Furthor proviso of war) laden on board a neutral vessel, shall not be subject
as to vessels of under this act: And providedfurther, That vessels of the citizens or
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PROVISIONAL CONGRESS. SESS. II. CH. 3. 1861.
inhabitants of the United States now in the ports of the Confederate citizens of tie u.
States, except such as have been since the fifth of April last, or may S. now in -heporta
hereafter be, in the service of the government of the United States, o the C.S.
shall be allowed thirty days after the publication of this act, to leave
said ports and reach their destination ; and such vessels and their car-
goes, excepting articles contraband of war, shall not be subject to cap-
ture under this act during said period, unless they shall have previously
reached the destination for which they were bound ou leaving said
ports.
SEc. 2. That the President of the Confederate States shall be and Prcsidcnt way
he is hereby authorized and empowered to revoke and annul, at plea-rev.k e letters of
marq ,cand repri-
sure, all letters of marque and reprisal which he may at a-y time gran .
pursuant to this act.
SEC. 3. That all persons applying for letters of marque a.,'d reri A,.pication for
pursu mt to this act, shall stato in writing the name and a suitable ,,,,0r of lr.arqou
twrsal
on1- I o be
scription of the tonnage and fore, of tbe vessel, and the name :1.1d plae in ring. hat
.of res'dence of each owner concei-wnd therein, and the intended t ni- to be -Lutud.
ber of the crew ; which s1tument shall be signe- by tho per -);i or ,cr-
sons miking such application, an, tilecd with the Sccrct:ir:; of S-ta c. (r
shall be delivered to any other officer or pes,:,n who shall be einl-i.\y'4
to deliver out such commissions, to be by h'm transmitted to the Secre-
tary of State.
S&c. 4. That before any commission or letters of mo.no v-1 rcpr -riiyI, ,,end s co-
w eso
sal shall be issued as aforesaid, the owner or owners ,I" the :L!) ( ri scls.o-n
sel for which the same shall be requested, and the conlinandur thereof
for tile time being, shall give bond to the Confederate States, with at
least two responsible sureties not interested in such vessel, in the penal
sum of five thousand dollars, or if such vessel be provided with more
than one hundred and fifty men, then in the penal sum of ten thousand Ponaltyandcon-
dollars, with condition that the owners, officers and crew who shall b dition.
employed on board such commissioned vessel, shall and will observe the
laws of the Confederate States, and the instruc;0ions wlich shall be
given them according to law for the regulation of their conduct, and
will satisfy all damages and injuries which shall 1'edonc or committed
contrary to the tenor thereof, by such vesel durifeg her eomno i04
to deliv er up the same when revoked by tile irelenjt of" the Confi'ole-
rate States.
• • and prizes of ve
SEc. 5. That all captures .. ;1 ,t1,. , -,"
o--,: ll 1,.r':7
, :::', urc
pmof,
,!p ap-
of
izes~
forfeited and shall accrue to the owne;s. ,ii:. ,": nxi, m .- i tt'w -. -,' , thor
by whom such captures and prizes shall be 1nlde nd en d lidodciiodnrm. -
tion had, shall be distributed according to any written agceelit:.t wlfiih DIOrbution of
shall be mide between them; and if there be no such itt,-cree- Z:S-
ment, then one moiety to the owners and the other moici to ih. officers
and crew, as nearly as may be, according to the rules proceribl for the
distribution of prize money by the laws of the Conlind rase States.
SEc. 6. ThAt all vessels, goods and effccs, the proi-vt y of a!v- fi7-cr Vesso!s and
property of oth-
cit-
zen of the Confederate States, or of persons resident within nad un(er- .te
t of S.
the protection of the Confederate States,, or of persons permanently and certain otLer
within the territories and under the protection of any fi)reign prince. 1)(.
r 4 on 6, recap-
government or state in amity with the Confederate States, which shall iored, toobneoe
have been captured by the United States, and which shall be recaptured th e payment of
by vessels commissioned as aforesaid, shall be restored to th lawful ealvege.
owners, upon payment by them of a just and reasonable salvage, to be
determined by the mutual agreement of the parties concerned, or by the
decree of any court having jurisdiction, according to the nature of each
case, agreeably to the provisions established by law. And such salvage Ditribution of
shall be distributed among the owners, officers and crews of the vessels sage.
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PROVISIONAL CONGRESS. SEss. II. Cii. 3. 1861.
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PROVISIONAL CONGRESS. SESS. II. C. 3. 1861. 103
taken, and in what manner he shall dispose of the same ; the ships or
vessels he shall fall in with ; the times and places when and where he
shall meet with them, and his observations and remarks thereon : also, of
whatever else shall occur to him or any of his officers or marine, or be
discovered by examination or conference with any marines or pas:cngers
of or in any 'otherships or vessels, orby aly other ieans torclhing the fleets,
vessels and forces of the Unite I States, their posts and pia,'es of station On arrival into
and destination, strength, numbers, intents and designs; and vich, Con!,-port toprodticohis
mandino, officer shall, immediately on his arrival in any port of . Co,,- i P n,
.1
federate States, from or diniw the continuance of av. voyage or Ce'1ni e, deliver h!.
up Lisjour-
produce his commission for such vessel, and deliver np ssuch journl so
kept as aforesaid, signed with his proper name and hatii-writing, to the Otcer of t ho
collector or other chief offier of the customs t or nearc,-t to sticl port. " to go on
!)ord an to o n
the truth of which journal shall be verified by tile oath of the command-,-,,n of tilt oi -
ng officer for the time buinc. And such collector or other chie-f offi:.e' cer.ia'nd men, tle
of the itnstons shall, immediately on the arrival of such vessel, order, the 11nm r of gun s,
proper officer of the custonis to go on oar nd take an ac-aot of tile I-Inot to
officers and men, the nuznber anl oututil t? ne, an lrwt .oer eL*- a ;-**, tl ju
Of
shall o.ecur, tosehim oil ex'-atat to be known, ;"re
.erizil aol no-u-ch . .ve,- ti:,Hhavebecn
ii 'en...
.. :! d e recl, a n d
sel shall be permitted to sail oat of port nogaiga until such ornali.ra l hIla.. " r o,
cc eic:tc
t obt'inteI
been delivered ill), and a ce:rtificate obtained under the Ir,n i cf s.' Col offlcer of tho
lector or other chief officer of the custois that she i l;n-,1 1
ar-med en-.,ms.
:1d
aceoilin to her commission ant unon ,tei- vi formner
sm3 i -,:-tifi-t.aax
it" Fw certif-
former certificate of a like il:ttiie whicl shlll hlave beell Ob!iita, by thby t topedeliered
commander of such vessel, siall be delivered up.
SEC. 12. That the commanders of vessels having letters of uac'que '1,1 Penatty for ic-
reprisal as aforesaid, neglecting to keep a journal as aforesand, o. SV..... glectinto keip ,I
vilfullj,-rn a or wilfilly
making fraudulent entries therein, or obliteratingr tile recoz'd off anv matie- making fraudulent
rial transactions contained therein, where the interest of the Conftdlrate entries therein, etc.
States is concerned, or refusing to produce and deliver suell journal, com-
mission or certificate, pursuant to the preceding section of this act, thren
and ii s1(. cases the commissions or letters of larcqc and reprisal of
such vessels shall be liable to be revoked ; and such comiiailder. ,,
tivel-, shall forfeit tor every such offence time su11 of one tlous:tlld dlltals,
one moiety thereof to the use of the Confederate States, an-.i tire other
to the informer.
Szc. 13. That the owners or commanders of ve- els hvi:," lettce-s of Pena'ty for v0o-
marque and reprisal as aforesaid, who shall violate any of t: act.s of lia di g the acs for
Congress for the collection ,f tile revenue of the Cot+!erlte State., atIJ t e collection
the reve4e intof
for the prevention of smtgglig, Sh1:1ll forteit tire corllnis ion or l.2xcrs of the prevontion of
marque and reprisal, and they and the ves-eIs owned or <oniiwd:.d I)%,
them shall be liable to all the penalties and fbrfcitures attalting to met-
chant vessels in like eases.
SEc. 14. That on al goods, wares and merchandise captured and made Deduction allow-
good and lawfuml prizes of war, by any private armed ship hiavi' I cormmis- goods
ctlof capturod
d u tieszindon
sion or letters of marque and reprisal under this act, and broglht itto tle mad p rw f u I
Confederate States, there shall be allowed a deduction of tlirty-threc and prizes.
one-third per cent. on the amount of duties imposed by law.
SEC. 15. That five per centum on the net amount (after dedlucting all rive per eent. on
charges and expenditures)
selsz of the prizeande
money arising from captured yes- the ret amunt of
sels and cargoes, and on the net amount of the salvage I of vessels and p"' money and
cand
tobe paid
cargoes recaptured by the private armed vessels of the Confederate States, salvage, to collectors of
shall be secured and paid over to the collector or other chief officer of the customs, consuls,
customs, at the port or place in the Confederate States at which such cap- or other pub'is
tured or recaptured vessels may arrive, or to the consul or other public agents.
agent of the Confederate States residing at the port or place not within
the Confederate States at which such captured or recaptured vessel may
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104 PROVISIONAL CONGRESS. SESS. II. Cu. 4, 5. 1861.
T h i.,tuney i arrive. Ald thc t1no arising therefrom 0lt1l be held :1l are lcrely
cons:.imi
n I lnd ~led,,.ed
by :e governwent of beh _Confmderat ates is a tund for b e
for tbe sit port "
stp
"I"d supor
tho w..lo1raid, t. inteance
t of' the widowvs and orlhans (1 su ell esons as
ph;s o f 1 r,,Kwas itv h sMlay I and fo" the Support ial MAtnittcitaue of SiWl in:ronis as
killed,t.1detler illay be \Ovlled atnd distableo on bolrd of the private a,,med "sels corn-
persons. lnissiOll-,d as *fresaid, in atly eiggeentt mib the eney, tole ':.igned
and distibated insuch tajnonr as shall hereafter be provided by law.
Ai,,vi ltom) 6, 18I.
.iy
May 7, IS1. CHAP. IV.-An Ao. mubai, tie C,,mmnouith of Virqina as a n ,f,'f e CitanC-
crate Simtzes Amriia.
I/"
May 8, 1861. CHAP. V.-A, Alt to raise a,,addional ,nilitaryfurcc tosercc duriog 6-, war.
President author- Tbe C,; 'e" of the Con.federate SVtcs oj" 1 ,as (o-en.ct, That
izdl totccopt thcQill fadition to the vouteer force autiorized to be iaiseol u:der
eries existig
f'vol:u- IaVS
leers wiv-,ute lws, the l President be and lie is hereby authorized to :ace]t life services
gard to the plac, 0 O Iltc-ter who mnay ofit' their serviee:, without re.rd to the l'.e of
of eulistment. eniisienit, cither as ca\ahti moutnted riitnet, al/iller, or ifiantr'y, in
:ric pr lmwrtion of these several armls as he In av lenil CNxpedient, to serve
0
for "a! i tie eisi n g war, u1e1s sooner d<dixichi0
thi i ' d.
!May be ncc:peod S:'C. 2. That tbe volunteers so offering ihir Fervices may be accpted
in cOmiwni,. an d byo e !r-sideat. in co ies, to be organizd by him i.n Sluadho,
:'0n"
orga):IZUed in to talions or regifnetIs. The resident shlil appoint all field and staff
.n,<-of: erq~1,
quar but, tho eonrany officers shil be NOWected trien conl,1osi1.1g
Prcsidtont to -e- tp- l b 1 i
point idi d u ihe eimpany ; and it accepted, the oflieis so elected shil be cewntiis-
officers. C,.iimpjay s 1- th,: 1 '(-'-rei(ht.
b,.
ohiects chlcctd tdby ac. 3. Ti'llt iny vacancies ocxCeurri ti in he ranks of thie sevical com-
thu c*,:iy, a ld . -
knjissionod by nmtered into service under t]e pun ' o1 is act, mlv be filled
0iss
the Prczioent. by vOltatlcl'S accepted under the rules of such compallies : and any -a-
Vacancies; hol ahed. occtiring in Wle officers of si(h compaies shal1be filled by ele-
tions ina:cotrdn;i.c with the same rules.
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PROVISIONAL CONGRESS. SESS. II. CH. 6, 7. 1861.
CHAP. VI.-An Act to amend "An act resting certoin powers in the Postmaster General," Mlay 9, 1F81.
approved -Alarch 15, IS61.
The Congress of the Confederate States of America do enact, That Postmaster GCn-
the provisions of " An act vesting certain powers
• in the Postmaster Gene-
• oral to takethoctiro
ca~gvof pos-
' rvite.
ral," approved March fifteenth, one thousand eight hundred and sixty-
one, be qo amended as that lie be and hereby he is authorized, on and
after a day to be named by him in a proclamation to be issuel by him
for that purpose, to take the entire charge and direction of the "postal
service of the Confederate States.
SEc. 2. And he itfurther enacted, That the Postmaster General be and Empowered t o
cr
he hereby is authorized and empowered to annul contracts, or to discon- anul contracts,
tinue or curtail the service and pay on them, when he shall deem ita- cuail the service,r
visable to dispense with the service, in whole or in part. or to place a eoc.
higher or different grade of service on the route, or when the public in- E-itra rayallow-
terests shall require snch discontinuance or curtailment fr any other ed where srvico
cause, he allowing one month's extra pay en the amount of ser%'ice dis- discntinued.
pensed with, in full of all damages to the contractor.
SEc. 3. And be it further eniacted, That the railroads in the Confede- Clazsification of
classes, on the fI_railruta-s.
rate States be and they are hereby divided into three
lowing basis, viz: The great through lines connecting important points
and conveying heavy mails, to be class number one ; completed railroads
connecting less important points, but carrying heavy mails fbr local distin-
bution, to be class number two ; and roads on whi(ih less important mails
are conveyed, short branch roads, and such unfinished roads as do not
carry great mails or connect important points, shall be class number
three.
SEc. 4. And be it further enacted, That in contracts made with rail- Co in p e sation
road companies for carryingF the mail once a day, allowed, railroad
on schedules to be agreed coum:.,anies.
I
on, the Postmaster General may allow them compensation not exceeding "
the following rates, viz: On first class roads, one hundred and fifty dollars
per mile; on second class roads, one hundred dollars per mile ; and on
third class roads, fifty dollais per mile ; the amount of compeilsation to be
determined by the importance and value of the services to be perlfrmned :
Provided, That if one-half of the services on any railroad is required to fAl ihontsl pay
Gen- night servicQ.
be performed in the nighLtime, it shall be lawful fbr the Postmaster
eral to pay twenty-five per cent. in addition to the above nanied maxinmum
rates of pay: Provided,further, That the agents,
b messegers,
' a il othur theEm1loyees of
l11sofice D)-
traveling employees of the postoffice department shall pass fi cct clarge
' I e 'nt, to p-s
over such roads, respectively; and this act shall take effect adt be offtreu over the rold.
force from and after its passage.
APPROVED May 9, 1861.
CHAP. VII.-An Act to amend "An act to provide jo." the public defence," approc-d May 10, 1S1.
Mlarch 6 1861.
The Congress of the Confederate States of America do enact, That Prei ont m a y
the President may receive into the service of the Confederate States any roc ive iiitu service
+ at
company of light artillery, which by-, said he is authorized
. to do, with
. companis of light
artillery.
such complement of officers and men, and with such equipments as to him
shall seem proper; anything in said act of the sixth of March, one thou-
sand eight hundred and sixty-one, to the contrary, notwithstanding.
APPROVED May 10, 1861.
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106 PROVISIONAL CONGRESS. SESS, II. CH. 8, 9. 1861.
May 1 -, 1$61. Cu-k. VIII.-An Act to make further priorsion for the public d,'fcnee.
Preamble. Whereas, war exists between the United States and the Confederate States;
and whereas h]:epublic welfare may require the reception of volunteer
forces into the service of the Confederate States, without the formality
and delay of a call upon tile respective States; [Therefore]--
Preident nuth,- The Congrss of the Co/iderate Stwcs of Amer;ca do enact, That
M.d t reccive into the President be authorizel to rct.cive into service sth compani 0s, bat-
ser ice comp:aies, talions or regimients, ethler inolnted or on foot, as wiay tender thieiitselves,
mebttalins or rei- and lie may Iequire, %.ithout the deLiy of a foirmal call upon the respec-
tive States, to serve for such time as lie may p:rciibe.
Orgnnization of SEc. 2. Such volunteer forces who ntav tbe accepted under this act, ex-
volunteer forces. cept as herein dtifiercatiy provided,. shall be or-amiized in aciordance vith
and suliject to all th, l,'oviCion. of the act entitled "An act to pro\ide for
Allowances. the public de!'acc," and be entitled to all the allowances proviled ti.erein;
Service. and when mustered into service, may be attached to such divisions, bri-
]Dat!:lions, etc.. gades or regnoentu as the President mllav direct, or ordered upon such in-
from Sitcs not r.Tf)(Anldent oi detached service a tle Piteesident may deem expedient
the ColicrrY. PoVi/cd, hoieucr, Tlhat battalions and re'ilients niay I.e enlisted from
President l plV
l
point th field offi states not of this Confederacy, and the President may appoint all or any
cers. of the field offcers thereof.
Commission of SEC. 3. The President shall be authorized to commission all officers en-
officers. titled to commissions, of such volunteer forces as may be received under
the provisions of this act. And upon the request of the offiver corn-
s u perrumernry manding such volunteer regiment, battalion or company, the President
officer to each corn may attach a supernumerary officer to eat-lh company, detailed from the
pany. regular army for that purpose, and for such time as the President may di-
rect.
APPROVED May 11, 1861.
May 11, ISGI. CnAP. IX.-An Act relative to tdeglraph lince8 of the CofederateStates.
President an- The Congress of the Cofedcrate Statcs of Jtnke'ica (1o enact, That
tborized to take duiii tee, oin
the control of t ed the existing war, the President be and lie is hereby authorized and
graph lines. empowered to take such control of such of the lines of telegraph in the
Confederate States, and of such of the offices connected therewith, as will
enable him effectually to supervise the communications passing througzh
the same, to the end that no cominunications shall be conveyed of the
mnilitaiy operations of the government to endanger the success of such
operations, nor any communication calculated to injure the cause of the
Confederate States, or to give aid and comfort to their enemies.
To appointagents SEaC. 2. The President shall appoint trustworthy agents in such offices,
to supervise corn- and at such points on the various lines as he may think fit, whose duty it
munieations. shall be to supervise all communications sent or passing through said lines,
and to prevent the transmission of any communication deemed to be det-
rimental to the public service.
When he may SEaC. 3. In case the owners and managers of said lines shall refuse to
take pos.ession of permit such supervision, or shall fail or refuse to keep up and continue the
the lines, business on said lines, the President is hereby empowered to take posses-
sion of the same for the purposes aforesaid.
To issue instrne- SEC. 4. The President shall from time to time issue instructions to the
tions to the agents agents so appointed, and to the operators of the various lines, to regulate
the linethe transmission of communications touching the operations of the gov-
ernment, or calculated to affect the public welfare.
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PROVISIONAL CONGRESS. SESS. II. CI. 10. 1861. .107
SEC. 5. That the President, at his discretion, may employ the operators .:'IT employ tho
of the lines as the agents of the government, Fo that in this as in all other operaiorsas aigents
respects, there may be as little in terference with the business and manage-o f the govern-
ment of such lines as may be comnpatible with the public interest. ent.
SEC. 6. That the compensation of the agents appointed under this act, . .. .
where such agents are not officers of the compnny, and.the expense at- beensoe
pait
tending the execution of the provisions of this act, shall be paid out ofotofthtrcazury
the treasury.
SEc. 7. That no communications in cypher, nor enigtnatical. or othler Comnicainietions
doubtful communication, shall be transmitted, unles the person sending in e',Leranlcoip-
the same shall be known to the agent of the gevernlnent to be tituc tO tital cowiiuni-
thy, nor until the real purport of such communication shall be explained catio
to such agent.
SEC. S. That the President. is hereby auithorized, whenew-or it may be Ex',sion -nd
found necessary or advisable for the successfial pIoscmutio'l of the war, to c')nii,:ti n oflints.
extend existing lines of telegraph, or mna!:e connections between the same,
the expense of contracting such additional lines to be paid Git of any
money in the treasury not otherwise appropriated.
SEC. 9. That all present and fiture ofhc(!e' of the tle'Li 'rph li:.- ell-
gaged in reeeivin- and transmittincr intelligence withintuee Conth etat,
States shall, as soon as practicable after the ,aslwge of this act or after
their appointment, take and subscribe before any judicial offi.er of any one
of the Confederate States, the following oath 1",A 13, do solemnl swuar O:h reqnalrcd of
that I will support and maintain the Conztitidion of the Conil'..deratc icers "
States of America, and will not, knowingly, directly or indirectly, transnmit
through the telegraph any commnnication or informnation calculated to in-
jure the cause of the Confederate States, or to give aid or comfort to their
enemies."
SEc. 10. That if any person shall knowingly send or tranmit any mos- Communic'tions
sage or communication touching the military operations of the o'overn-t. u ching military
ment, without the same being first submitted z to the inspection of the agent operations.
oprty ending,
of the government, or any message calculated to aid and prolnte the sttjet to indict-
cause of the enemies of the Confederate States, he shall be subject to ili- mont.
dictment in the district court of tile Confederate States,'anI on convie- Fine ant inipri-
tion shall be fined in a sum not less than five hundred dollars, and im- sonmont.
prisoned for a term not less than one year.
APPROVED May 11, 1861.
nAP. X.-A, Act to amend an act etitled "An act tofie the po.j] of eertt~rr of the May 11, lSfl.
Congress of the Confederate States o] America," upprored March 11, 1S1. - -
The Congr-ess of the Confederate States of Anuerica do enact, That the j{i,,: mileage at-
above entitled act, approved March the eleventh, eighteen hundred and towed menbers of
sixty-one, be so amended and construed as to provide, that in compuitin Co nhgress Cora-
the mileage to which members are entitled, the distance shall be estimated puted
by the usual route of travel from the residence of the member to the place
where Congress may assemble. Comineeement
SEC. 2. Be it further enacted, That this act shall take effect and be of of act.
force from its passage.
APPROVED May 11, 1861.
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108 PROVISIONAL CONGRESS. SESS. II. CH. 11, 12. 1861.
May 11, 1861. CHAP. XI.-An Act in relation to the Confederate Loan.
Preamble. Whereas, under and by virtue of the act to raise money for tle support of
the government, and to provide for the defence of the Confederate States
of Ainerica, approved February twenty-eighth, eighteen hundred and
sixty-one, the Secretary of the Treasury did proceed to offer five millions
of said loan, conformably to tile provisions of said act: And whereas, in
many portions of the Confederate States the currency was and is composed
of notes of banks which have suspended specie payment, not of neessitv,
but as a measure of public policy : And whereas, certain of said banks did
agree to redeem in coin or its equivalent such of their notes as should be paid
in by subscribers to said loan: And whereas, the"Secretary of the Trea-
sury, in yiew of the exigencies of the times, and with a desire to give to
the people of all parts of the Confederate States the opportunity: of sub-
scribing to said loan, did authorize the loan cominissiotiers to reccive the
notes of the banks hereinbefore referred to; and to avoid inconlvelience
and the risk of transit, has authorized the said loan (olnmniscione:s to
deposit the moneys received by them in said banks : Now, therefore-
Acts or the See- The Congress of the Confederate States of America do entct, That
retary o the Trea-l of the acts and doings of the Secretary of the Treasury. of his subor-
sury, his subordi-
nate officers anddnnite oflicets, and of the loan commissioners, consistent with tle facts
of the loaq coin- recited in the foregoing preamble, are hereby confirmed and made valid,
firmed, andansaid any law, usage
fnissonersmd -1 or
. custom
.. to the contrary," notwithstanding;
. and the said
officers to continue Secretary, his subordinate officers, and the loan commissioners, are hereby
to act- authorized to continue so to act in regard to the said loan, until the whole
amount authorized by said act shall have been fully subscribed for, and
Deposits of mo- their duties regarding the same shall have determined ; and the'said See-
ney in banks. retary is authorized to make and continue the deposits of moneys rclcived
Checks or war- or to be received on account of the said loan in any of the said banks;
rants on the banks and the Treasurer of the Confederate States is authorized to draw checks
forthe deposits; o1 warrants on said banks on acvount of said deposits, payable either in
how payable, coin or its equivalent, or in current bank notes, as the Secretary of the
Treasury snay direct.
APPROVED May 11, 1861.
May 11, 1861. CHAP. XII.-An Act toamend an act entitled "An act further to providefor tke organi-
zation of the Postoffice Department," approved March 9, 1861.
Salaries of chiefs The Congress of thte Confederate States of America do enact, That
of the bureaus in from and after the passage of this act, the annual salary of the chief of the
the Posto ce Do o-fattissalary
partmen . the chief of the
contract bureau, the chief of tie appointment bureau, and
The appointment finance bureau,shall be three thousand dollars ; and that heieafter, as the
of them shall be vacated, the appointment of his sucessor
of their succe:snrs, office of either
Andoftheclerks shall be made by the President of the Confederate States. by and with the
draftsm.:n, and advice and consent of. the Congress; and the clerks, draftsnan and other
other employees, employees of the department shall be appointed by the Postmaster Gene-
ral.
Vacancy in the SEC. 2. And be itfurther enacted, That in case of the death, resigna-
office of Postmas- tion, absence or removal from office of the Postmaster General, all his
terGeneral. Who duties sh
to discharge the powers and all devolve on and be performed by the chief of the
duties, contract bureau, until a successor shall be appointed and arrive at the gen-
eral postoffice to perform the business, or until the return of the Postsnas-
Proviso. ter General : Provided, however, The said chief of the contract bureau
shall make no permanent appointment of clerks.
Principal Clerk SEc. 3. And be itfurther enacted, That there shall be allowed to each
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PROVISIONgAL VONGRESS. AEss. II. CH. 13. 1861.
of the bur.eaua"6f the department, and also to the inspection office, a prin- allowed to each of
cipal clerk, at 'an annual sarary of fourteen hundred dollars each. And the bureaus, an 4
the Postmaiter General is hereby authorized to employ ten additional to the inspection
clerks, at an annual salary of twelve hundred dollars each; also four Additionalclerks.
clerks, at an annual salary of one thousand dollars each; also one watch- Watchman.
man, at an annual salary of five hundred dollars.
SEC. 4 And be it further enacted, That the clerk charged with the dis- Additional pay
bursement of the contingent and salary funds of the department, be a]- bursingallowed clerk
the dis-
of
lowed an additional compensation of two hundred dollars per annum; thecontingen t and
and that this act take effect and be in force from and after its passage. salary funds.
AtPaovso May 11, 1861.
CRAP. XIII.-As Act to amend "An act to prescribe the rates of postage i -the Confede- May 13, 1861.
rate States of America, and for other purposes," approved February 23, 1861.
The Congress of the Confederate States of America do enact, That Act of Feb. 23d,
so much of the first section of an act entitled "An act to prescribe the 1861, ch. 13, rela-,
rates of postge i the Confederate States of America, and for other pur- ting to postage on
poses," approv;d February twenty-third, one thousand eight hundred and Certain sealed
packages, amend-
sixty-one,as.relates to sealed packages, containing other than printed or ed.
written matter, including money packages, be and the same is hereby so
amended~asstw require that such packages shall be rated by weight, and
charged the rates of letter postage.
SEC;: 2. And--be i$ further enacted, That the second section of said act Ame' dment o f
beamended as follows, to-wit: That all newspapers published within the 2d seetion of the
Confederate States, not exceeding three ounces in weight, and sent from above act.
th office of publication to actual and bona fide subscriberswithin the Postage on cer-
Confederate States, shall be charged with postage as follows, to-wit : The tain newspapers.
postage on the regular numbers of a newspaper published'weekly shall be
ten cents per quarter; papers published semi-weekly, double that amount;
papers published thrice a week, treble that amount : papers published six
times a week, six times that amount; and papers published daily, seven
times that amount. And on newspapers weigh;ng, more than three
ounces there shall be charged on each additional ounce, in addition to the
®oing rates, on those published once a week, 6ive cents per ounce or
fraction of an-ounce per quarter; on those published twice a week, ten
cents per ounce' per quarter; on those published three times a week, fif-
teen cents per ounce per quarter; on those published six times a week,
'thirty cents per ounce per quarter- -and on those published daily, thirty-
flve centa per ounce per quarter. And periodicahi published oftener than OR periodicals.
bi-monthly, shall be charged as'newmpapers. And other periodiqals, sent
from the office of publication to actual and bona fide subscribers, shall be
charged with postage as follows, to-wit: The postage on the regular num-
--bers of a periodical published within the Confederate States, not exceed-
•ing one and a half ounces in weigbt, and published monthly, shall be two
and a half cents per quarter, and for every additional ounce or fraction of
an ounce, two and a half cents additional; if published semi-monthly,
,double that amount; and periodicals published quarterly or bi-monthly,
shall be charged two cents an ounce; and regular subscribers to newspa-
- pers-and periodicals shall be required to pay one quarter's postage there-
on, in advance, at the office of delivery, unless paid at the office where On other news-
published. And there shall be charged upon every other newspaper, and pavers, circulars,
each circular-pot sealed, hand-bill,-- engraving,
- • - pamphlet, periodical
. . and vings,
hand-bills,
pamphlets,
enatr,
magazine, which shall be unconnected with any manuscript or written periodicals an d
matter, and not-exceeeding three ounces in weight, and published withia magazines.
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110 PROVISIONAL CONGRESS. SEss. II. Cn. 14. 1861.
Prepayment ofthe Confederate States, two cents; and for each additional ounce or frac-
postage. tion of an ounce, two cents additional ; and in all cases the postage shall
be prepaid by stamps, or otherwise, as the Postmaster General shall direct.
It o o ks deemed And books, bound or unbound, not weighini- over four pounds, shall be
Dmiule matter,
mfilable postag .
deemed mailable matter, and shall be charged with postage, to be pre-
on newsppers,pc- paid by stamps or otherwise, as the Postmaster General shall direct, at
riodicalsaudbouks two cents an ounce for any distance. And upon all newspapers, periodi-
p :blishd out of cals and books, as aforesaid, published beyond the limits of the Confede-
the o. S.
Publishers ofrate States, there shall be charged postage at double the foregoing speci-
new.papcrs, etc., fled rates. The publishers of newspapers or periodicals within the Con-
may send and re- federate States may send and receive to and from each other, from their
ccve them to and
frm each other, respective offie of publication, one copy of each publiation free of post-
free of postage. age. All newspapers, unsealed circulars, or other unsealed printed trn-
postag. on news- sient matter, placed in any postoffice not for transmission but for delivery
inapes, eie. hr de- only, shal be charged postage at the rate of one cent each.
livery only. SE 3. AnA. be it further enacted, That the third section of the above
Third section of recited act be and the same is hereby so amended, as to atthorize the
te ace 1f 2 d Fcb- Postmaster General to provide and furnish ten cent stamps and stamped
ruory, 186 1, eh.
13, anc,,ded. envelopes ; and that the provisions, restrictions and penalties prescribed
Postmaster Gen- by said section of said act for violations of the same in relation to two,
eral to provide ten five, and twenty cent stamps and stamped envelopes, shall, in all respects,
cen tstamps and adap ne..
a m p e d oce- apply to the denomination of stamps and stamped envelopes herein pro-
lopes. vided for.
Proviso in the SEC. 4. And be it farther enacted, That the proviso contained in the
fifth secti,u of the fifth section of the saidI act be so amended as to extend to the chiefs of the
above act amend-
ed, by extending contract, appointment and finance bureaus of the Postoffice Department
to the chie's of the the privilege therein conferred upon the Postmaster General, his chief
bureaus the frank- clerk, and the auditor of the treasury for the Postoffice Department, of
ingprivilege there-
in conferred on the transmitting through the mails, free of postage, any letters, packages, or
Postmaster Gene- other matters relating exclusively to their official duties or to the business
eral and others, of the Postoffice Department, subject to the restrictions and penalties pre-
scribed by the said proviso ; arid that this act take effect and be of force
from and after its passage.
APPROVED May 13, 1861.
May 14, 1861. CnAP. XIV.-An Act to suspend the operations of the Mists.
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PROVISIONAL CONGRESS. SESS. II. Cu. 15, 16, 17. 1861. 111
CHAP. XV.-An Act to organizefurther the Bureau of Superintendentof Public Prtnting. May 14, 1861.
The Congress of the Confederate States of America do enact, That Salary of super-
the salary of the Superintendent of Public Printing shall be three thou- intendeutof public
sand dollars, payable as other salaries of heads of bureaus in the several printing.
departments.
SEc. 2. The Superintendent of Public Printing shall be entitled to a His messenger
his salary.
messenger, who shall receive a salary of three hundred d9lliars per annum. andThe publication
SEc. 3. The publication of the laws and journals of Congress shall be of the laws. etc., to
exclusively under the direction of the Superintendent'of Public Printin, be underthe direce-
subject to the supervision And control of the Attorney General. And the Sintendent.
lion of the super-
Superintendent may contract with publisbers of newspapers as to the terms Contracts with
of publication of the laws and journals, not exceeding, in compensation the publishers ofrews-
rates usually paid by other advertisers for similar work. papers.
Sac. 4 The Superintendent shall have authority to contract, by adver- Adver.ising for
tising for sealed proposals, for all paper necessary to do all the printing ' or"led proposals,
paper.
ordered by Congress, or either one of the executive departments. In all Cc, tr acor to
cases the contractor shall furnish the paper, at such times and in such fnrnih lopcr as
give bond, uvith 'l e superitcndent
quantities as the Superintendent shall require, and shall Sshati require. To
twd good sureties, for the faithful performance of the contract, give bond Lod se-
SEC. 5. All orders for printing by Congress, or any of the executive de- emily.
partments, shall be sent to the Superintendentand of Public. Printinr
•• • to be ingOrders for print-
by Cong: ess or
by him delivered to the printer or contractor; the printing, when corn- a y of thedpart-
CHAP. XVI.-An Act to authorize the transfer of appropriatons. May 14, 1861.
The Congress of the Confederate States of America do enact, That Moneys appro-
for aparti-
during the recess of Congress the President of the Confederate States may priated
eular branch of ex-
and he is hereby authorized, on the application of the secretary of the pendi;ure in one
proper department, and not otherwise, to direct, if in his opinion necessary dcparinm ntmaybe
appliel
for he public service, that a portion of the moneys appropriated for a parti- in to another
s a me dtpart-
cular branch of expenditure in that department, be applied to another branch meat.
of expenditure in the same department; in which case a sp~ecial account Special account
of moneys thus transferred, shall be laid before Congress during the first thcreof to be laid
before Congress.
week of the next ensuing' session.
SEc. 2. This act shall continue and be of force until the end of the ex- When this act to
cease.
isting war, and no longer.
APPROVED May 14, 1861.
CHAP- XVII.-An Act to define the limits of the port of New Orleans, andfor other pur- May 14, 1861.
poses.
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PROVISIONAL CONGRESS. SEss. II. CH. 18. 1861.
and that portion of the said prish of Jefferson on the left bank of the
)Ii'-issilpli river to the upper limits of the town oi fanbourg of Ilii'tsville.
The ports
livery known
of s-"'.it. the po-'ts of delivery known as bavou St. John's, Lake Port, and Port
blyou St. Jol'S. 1-[01, charturain, and lie customs officers authorized therefor, be and the
Lake Port, a ii d SaMv- are hereby abolished and discontinued, and all the waters, inlets arid
P Drt Puia- -hores embraced within the limits of said ports be added to and included
tmtrain'oand
tho-i l'tn e port of New Orleans.
tomns officer_,. :Aw.- '
lishcd and Jiszon- AilnOVED May 14, 1861.
tinued.
3111y 11 1811. CRAr. XVIII.-An A,t ;'-cyd:atij the eal'of prizc, and the distributivos thereof.
Ealo of ries. T(, Cnress of the Con/'ederate Slates of America do c.act, That
all1 .i::es or vessels and property c.l i'ed by private armed ships, in pur-
SILn1:e of the a:t passed by Congress recogniizg the existence of war
betw~n the United States and the Confederate States, and concerning
!ct.Lel., oFlnarjue, pri'es aId prize goods. which nay be condemled ill any
co'i:s o;'the. Conf-ederate States, shall be sold at public auction t)ythe
miarsial of the district in which the same shall be condemned, within sixty
Nutic, of th e days after the cosideinnation thereof-sufficent notice of the time and
laile. ph:,'e and condition of sale being first gTiven-on such dai or (lays, on
salh termms of crcdit, and in such lots or proportions as may be designated
by the owner or owners, or amegt of the owner or owners, of the privateer
Terms. which nay have captured the same: P'ovided, That the terin of such
payPurchaser
theplarec mIye credit t shall 1not exceed ninety" days. And the said inarsal is hereby di-
p ib de! to take ani receve from the purchaser or purchasers of such prize
Y'e.
money, or give hi'
promissory notc. vesl and property, the Money therefor, or his, her or their promissory
notes, with endorsers, to be approved by the owner or owners of the priva-
teer, to the amnount of the purchase, payable according to the terms
thereof.
Payment by the Sgc. 2. That upon all duties. costs and charges being paid according to
o ,nners cudtothi,the
marshal, oni- "
law, the said marshal shall, on demand, deliver anod pay over to the owner
ocrs d cLew o f v sof the privateer; or to the acent of such owner or owners of the
the privaec r,of privateor w hich may have captured such prize vessel and property, a just
the fuuds r:'eived ald e'lu'd proportion of the tunis received on account of the sale thereof,
on accont olf th'k
aecoan l
of th11lo e promissory notcs directed to be taken as aforesaid, to which the
sai owner or owners may be entitled, according to the articles of agree-
ifent between the said owner or owners and the officers and crew of the
said li.'ivatecr ; ant a just and equal pr-iportion of the proceeas of the
.. aforesaid, shall, on demaind, be also lcaM over by the said marshal
to div eoff;e;s and crew of the said privateer, or to their ao'ent or aents.
And if there be niowritten agreeirent, it shall be the duty of the marshal
to p." or or, in ranier as aeoresaid, one moet'v of' the pro-'ecls of the
saIe ,f.uach prize vessel and property o the own'r*or owners of the pri-
vl.t:oi -ih l nay have captunl,' the same; and the o:lr moiety of the said
the age'nt or agents of the otlicers and crew of the said priva-
Cit tioCto
tee", 'o be distributed accordinlg to law, or to any agreement by them
Proviso. nanl"t Provided. The'said oticers and crew, or their agent 01' algenits, shall
hay,. first refunded to the owner or owners, or to the agent of the owner
or owners of the privateer ar:os:iid, the full amount of advatnces which
hal I hav' been made by the owner or owners of the privatee', to thu offi-
es dndcrew thrreof.
Commistiun al- Sc. 3. That for the selling prize property and receiving and paying
lowed mrshal for over the proceeds as aforesaid, the marshal shall be entitled to a comilis-
sailing 'and "eccin-
. ion of one oer cent., and no more, first deducting all duties. costs and
tog
over antd
the proyn
,roeec,!/, c
"
charges, i
which m
may have accrued on said property : Provided, That on no
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PROVISIONAL CONGRESS. SEss. II. CH. 19. 1861.
case of condemnation and sale of any one prize vessel and cargo, shall
the commissions of the marshal exceed two hundred and fifty dollars.
SEC. 4. That it shall be the duty of the marshal, within fifteen days Marshalto file ae-
after any sale of prize property, to file in the office of the clerk of the eount of the satas,
district court of the district wherein such sale may be made, a just •and and of all d u t ies
true account of the sales of such prize property, ard of all duties and and char~res, with
a statement f ti
charges thereon, together with a statement thereto annexed of the pro- promissory no le-
missory notes taken on account thereof, which account shall be verified taken.
The accoun, to
by the oath of the said marshal; and if the said marshal shall wilfully be verified by his
neglect or refuse to file such account, lieshall forfeit and pay the sum oath.
of five hundred dollars for each omission or refusal as aforesaid, to be a rePenalty
; how for foil-
recover-
recovered in an action of debt by any person interested in such sale, and able.
suing for the said penalty, on account of the party or parties interested
in the prize vesssel or property sold as aforesaid, in any court having
cognizance thereof.
SEC. 5. That the owner or owners of any private armed vessel or ves- Removal of prise
sels, or their agent or °gents, may, at any time before a libel shall be ,essel or proptrty
filed against captured
any such vessel or her cargo, remove the same from any another.
port into which prize vessel or property may be first brought, to
any other port in the Confederate States, to be designated at the tinte
of the removal as aforesaid, subject to the same restrictions and com-
plying 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 befbe Proviso.
such removal the said captured property shall not have been attached at
the suit of any adverse claimant, or a claim against the same have been
interposed in behalf of the Confederate States.
APPROVED May 14, 1861.
CHAP. XIX.-An Act toprorvdefor theauditing of accounts of thc Post-office Depart- 'May16, 1561.
aent.
counts, with the vouchers, after settlement. le siall )romptly report neche tos,
to the Postmaster General all delinquencies of postmasters in p:itg and to report gi-
over the proceeds of their offices. He shall close the accounts of tte linqtic':uuc ef,,st-
department quarterly, and transmit to the Secretary of the Treasury ,.,,
quarterly statements of its receipts and expenditures. He shall regis-qurterly.
ter, charge and countersign all warrants upon the treasury for receipts To r egist-.
and payments issued by the Postmaster General, when warranted by tersign 'b eand u-
wvarran-s•
law. He shall perform such other duties in relation to the financial con- Other dties
cerns of the department as shall be assigned to him by the Secretary of the
Treasury or the Postmaster General, and shall make to them, respective-
8
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PROVISIONAL CONGRESS. SEss. II. CH. 20. 1861.
To s'atc and cer- ly, such reports as either of them may require respecting the same. He
tify quarterly, ac- shall state and certify quarterly to the Postmastel General accounts of
counts of the m
ueys paid. 'e the moneys paid pursuant to appropriations, in each year, by postmas-
ters, out of the proceeds of their offices, towards the expenses of the
department, under each of the heads of the said expenses specified in
the appropriations; upon which the Postmaster General shall issue war-
rants to the Treasurer of the Confederate States, in order that the same
may be carried to the credit and debit of the appropriation for the ser-
vice of the Post-office Department, on the books of the Auditor of the
To superintend Treasury. iHe shall superintend the collection of all debts due to the
th e collection of department, and all penalties and forfeitures imposed on postmasters for
debts,penalties and failing to make returns, or to pay over the proceeds of their offices, and
forfeitures, and di-h
root suits, etc. d- he shall direct suits and legal proceedings, and take all such measures
as may be authorized by law to enforce the prompt payment of moneys
due to the department.
To have charge SEc. 2. And be it further enacted, That the said Auditor shall have
of lands and other charge of all lands and other property which shall be assigned, set off
property assigned, 0
etC., to the C.s.; or conveyed to the Confederate States in payment of debts, and of all
and to sell and dis- trusts created for the use of the Confederate States in payment of debts
pose of the same. due them on account of the Post-office Department ; and to sell and dis-
pose of lands or other property assigned or set off to the Confederate
States in payment of debts, or being vested in them by mortgage or
other security for the payment of debts due to the said department, un-
der such rules and regulations as may be prescribed by the Postmaster
General.
Clerkts to be np- SEC. 3. The Secretary of the Treasury shall appoint a chief clerk to
pointed. to aid the aid the First Auditor of the Treasury in auditing the accounts of the
Auditor; their sit- Post-offic& Department, who shall receive a salary of two thousand dol-
taries. lars per annum; and shall appoint fifteen additional clerks, with
salaries
of twelve hundred dollars each, and fourteen other clerks, with salaries
of one thousand dollars each, to aid the First Auditor of the Treasury
Messenger for in auditing the accounts of the Post-office Department. And he shall
Treasury Depart- appoint one messenger for the Treasury Department, who 9hall be al-
moent. lowed a salary of five hundred dollars per annum.
Auditor may SEc. 4. Be it further enacted, That the said Auditor of the Treasury
send communica- shall be allowed to send through the mail all communications, relating
tions relating to cb
post-office business exclusively to the post-office business, free of charge, under the same
free of charge. rules, regulations and restrictions, and subject to the same penalties as
are now prescribed with respect to transmission free of charge by the
Commencement heads of bureaus of the Post-office Department. And this act shall go
of act. into effect from and after its passage.
APPROVED May 16, 1861.
May 16, 1s8J. CHAP. XX.-An Act to increase the 3filitary entablishinent of the Confederate States,
_Ind to amend the " Act for the establishment and organization of the Army of the
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PROVISIONAL CONGRESS. SEMs. II. CH. 20. 1861.
SEc. 2. That the five general officers provided by existing laws for Rank of "Gone-
the Confederate Sta~s, shall have the rank and denomination of "Gen- ral" t
established as
eral," instead of "Brigadier General," which shall be the highestmilitaryar he highest mili-
arygrae
grade known to the Confederate States. They shall be assigned to such Assignment o f
commands and duties as the President may specially direct, and shall general officers to
be entitled to the same pay and allowances as are provided for brigadier eommand.. Their
lerpay and allow-
generals, and to two aids-de-camp, to be selected as now provided by ances.
law. Appointments to the rank of general, after the army is organized, Aids-do camp.
shall be made by selection from the army. tAppointments to
SEc. 3. That the President be authorized, whenever in his-judgment ral.
the public service may require the increase, to add to the corps of en- Increase of tho
gineers one lieutenant colonel, who shall receive the pay and allow-corps of engineers.
ances of a lieutenant colonel of cavalry, and as many captains, not ex-
ceeding five, as may be necessary.
SEc. 4. That there be added to the quartermaster general's depart- TncreaseofQuar-
ment one assistant quartermaster general, wit-h the rank of lieutenant termaster .Go n 0-
colonel, and two qu-rtermastors, with the rank of major; and to the ral's department,
commissary general's department, one assistant commissary, with the
rank of major, and one assistant commissary, with the rank of captain;
and to the medical department, six surgeons and fourteen assistant sur- and of the mcd-
geons. .ial department.
SEc. 5. That the President be authorized to appointas many military Military store-
storekeepers, with the pay and allowances of a first lieutenant of infan- keepers, and their
try, as the safe-keeping of the public property may require, not to ex- pay and allow-
ceed in all six storekeepers. aeS.
SE-,. 6. That there be added to the military establishment one quar- Q u ar termaster
termastei sergeant for each regiment of cavalry and infantry, and one sergeant and ord-
ordnance sergeant for each military post, each to receive the pay and nanec ser-ent ad-
allowances of a sergeant major, according to existing laws. ded.
SEc. 7. That there may be enlisted for the medical department of the hospital s t 3 w-
army, for the term already provided by law for other enlisted men, Lras. Their p a y
as many hospital stewards as the service may require, to be determined and allowa.ces.
by the Secretary of War, under such regulations as he may prescribe,
and who shall receive the pay and allowances of a sergeant major.
SEc. 8. That until a military school shall be established for the ele- Stt, cadets to
mentary instruction of officers for the army, the President shall be au-beatt.ched to com-
thorized to appoint cadets from the several states, in number proportion-SIn panics, assnerna-
or 3'ry . Ilq]eers,
ed to their representation in the House of Representatives, and ten in i, ih r fhi or
addition, to be selected by him at large from the Confederate States, cadet.
who shall be attached to companies in service in any branch of the army,
as supernumerary officers, with the rank of cadet, who shall receive the
monthly pay of forty dollars, and be competent for promotion at such Mon bly pay.
time and under such regulations as may be prescribed by the Presi- competency foi
dent., or hereafter established by law. promotion.
Sec. 9. That the President be authorized to asign officcrs of the Assignm,.t of
.D . officers to rst a if
army of the Confederate States to staff duty with volunteers or provi-d ty.
sional troops, and to confer upon them, whilst so enployed, the rank
corresponding to the staff duties they are to perform.
SEC. 10. There shall be allowed and paid to every able-bodied man Ilionties to en-
who shall be duly enlisted to serve in the army of the Confederatelisel moo.
States, a bounty oF ten dollars; but the payment of five dollars of the
said bounty shall be eerred until the recruit shall have been mustered
'into the regiment into which he is to serve.
SEc. l. That the provision of the third section of the act of the Act of the C, n-
Congress-of the United . States,
.- .. making appropriations for the legislative,
,it. prots of the U.hra
gre S.
executive and judicial expenses of the government for the year ending purchase of arms
the thirtieth day of June, A. D., eighteen hundred and sixty-one, ap- and military sup-
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116 PROVISIONAL CONGRESS. SESS. II. CH. 21,22,23. 1861.
plies of apatented proved Junc twenty-third, eighteen hundred and sixty, which declares
invention, etc.,sus- that no arnis nor military supplies whatever,whicl are of a patented
pended during thlinvention, shall be purchased, nor the right of using or applying any
var. patented invention, unless the same shall be authurized by law, and
the appropriation therefor explicitly set forth, that it is for such
patented invention, (if of force within the Confederate States,) shall
be suspended in its operation for and during the existing war.
APPROVED MIay 16, 1861.
may 16, 1SG1. CHAP. XXI.-An Act to provide a eompeesation for tieDisbirrsin Officers of theseve-
ral Executive .Deartments.
Disbursi g clerk The Congress of the Con/federate States nJ America do enact, That
for each of the de- the Secretaries of the State, Treasury, XVar and Navy Departments,
partmnts. and of the Department of Justice, and of the Pot-offlce Department,
His compensa-shall appoint one of their clerks as a disbursing clerk; and such
tion. clerk shall be allowed, in addition to his compensation as clerk, the
additional sum of two hundred dollars per annum, for disbursing the
funds of said departments which may be required to pass through
their hands. And that all laws and parts of laws now in force re-
lating to this subject, be repealed ; and that this act take effect and
be of force from and after its passage.
APPROVED May 16) 1861.
31ay 16, 1861. CHAP. XXII.-An Act to amend an act entitled "An act to prridefo; the appointment
of Chaplains to the Army," apprt)ved Jay third, eighteen hundred and sixty-one.
Payof chaplains The Congress of the Confederate ,ta ts qf 2 erica do enact, That
reduccd. so much of the second section of the above recited act, as fixes the pay
of chaplains in the army at eighty-five dollars, be repealed, and that the
pay of said chaplains be fifty dollars ler month.
A pROVED May 16, 1861.
May 16, 1S61. CHAP. XXIIL-An Act to auth,ize the President to comninue ti. Appointments muade by
him in the Jfili;rq e(id Nu.al Serrice during the recess of Csc a or the present sea-
eion,and to ntmlwit thein to Congress at iis next 8e mion.
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PROVISIONAL CONGRESS. SEss. II. CH. 24, 1861.
CnAP. XXIV.--An Act to authorize a lo n and the issue of Treasury Notes; and to pre- May 10, 1861.
scribe the punishment for forging the same, and for forging Certificates of Stock, and
Bonds.
The Congress of the Confederate States of America do 'enact, That Secretary of the
the Secretary of the Treasury may, with the assent of the President Of Trea'nry author-
the Confederate States, issue fifty millions of dollars in bonds, payable ized to issuo fifty
at the expiration of twenty years from their date, and hearing a rate of mllbonds. When
interest not exceeding eight per cent. per annum until they become paya- payable, and rate
ble, the said interest to be paid semi-annually. The said bonds, afterof interest.
public advertisement in three newspapers within the Confederate States Sale of bonds for
for six weeks, to be sold for specie, military stores, or for the proceeds
of sales of raw produce or manufactured articles, to be paid in the
form of specie or with foreign bills of exchange, in such manner and
under such regulations as may be prescribed by the Secretary of the
Treasury, with the assent of the President. But it shall be the duty of Secretary to re-
the Secretary of the Treasury to report, at its next ensuing session, to port his transac-
the Congress of the Confederate States, a precise statement of his trans- tions to Congress.
actions under this law. Nor shall the said bonds be issued in fractional Denominationof
parts of the hundred, or be exchanged by the said Secretary for treasury bonds.
notes, or the notes of any bank, corporation or individual, but only in
the manner herein prescribed: Provided, That nothing herein contained
shall be so construed as to prevent the Secretary of the Treasury from Proviso•
receiving foreign bills of exchange in payment of these bonds.
SEC. 2. And be it further enacted, That in lieu of bonds, to an amount Secretary of the
not exceeding twenty millions of dollars, the Secretary of the Treasury, Treasury may is-
with the assent of the President, may issue treasury notes to the same sue treasury notes
amount, without interest, andin denominations of not less than five dol- without interest in
lieu of bondls, to
lars-the said notes to be receivable in payment of all debts or taxes the am u n t o f
due to the Confederate States, except the export duty on cotton, or in twenty millions of
exchange, for the bonds herein authorized to be issued. The said notes dollars. Denomination.
shall be payable at the end of two years from the date of their issue, Iit The notes receir-
specie. The holders of the said notes may at any time demand in ex- able in payment of
change for them bonds of the Confederate States, payable at the end of_cept, or taxes, ex-
debts &e.
ten years, and bearing an interest of eight per centumi per annum, to be Ex ehange of
paid semi-annually. The Secretary of the Treasury is hereby authorized notes for the bonds
of the Confederate
to issue the said bonds, but not in fractional parts of the hundred. But State'.
if after the expiration of two years, when the treasury notes shall be When the privi-
due, the Secretary of the Treasury shall advertise that ie will pay the lege of' funding to
same, then the privilege Of funding shall cease after six months from the cease.
date of the advertisement, unless there shall be a failure to pay the same
on their presentation.
SEC. 3. And be it further enacted, That in lieu of the notes authorized Other nntes may
by this act, which may be redeemed, other notes may be issued within be issued in lieu of
the period of ten years as aforesaid : Providcd, however, That the amount notes redeemtd.
of such notes outstanding, together with the stock in which the said Proviso.
treasury notes may have been funded under the provisions of this act,
shall not exceed the sum of twenty millions of dollars. But the SecrC- Treasury notes
tary of the Treasury may, upon application of the holder of a bond thus given in exchange
funded, redeem it by giving in exchange treasury notes issued under the for bonds that are
y funded.
provisions of this act, to such extent as that the entire amount of notes
then issued, together with the amount of the bonds in which they may
have been funded, shall not exceed twenty millions of dollars.
SEC. 4. And be it further enacted, That the faith of the Confederatepledged for the
States is hereby pledged to provide and establish sufficient revenues for payment of the in-
the regular payment of the interest, and for the redemption of the said terest and cdemp-
stock and treasury notes. And the principal sum borrowed under the tainof the stock
provisions of this act and the interest thereon, as the same shall from
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PROVISIONAL CONGRESS. SEss. II. CH. 25. 1861.
To bepaid, ut of time to time become due and payable, shall be paid out of any noney in
any motley in the the treasury not otherwise appropriated.
treasury.
Penalties.. of SEC. 5.- A1( be it farther cwtted, That this act shall be decemed to
the act of 9th contain all the provisions, limitations and penalties of the act entitled
March, 1861, au- an act to authorize the issue of treasury notes, and to prescribe the pun-
thorizing th- issue
of treasury notes, ishment for forging the same, and for forging certificates of stocks,
consideredas apart bonds, or coupons, and approved March ninth, eighteen hundred and
of this act. sixty-one, which shall be considered as parts of this act, save the first,
second and tenth sections, and save so much as relates to interest upon
Secretary of the treasury notes.
as ton SEC. 6. And be it further ewacted, That for the purpose of raising ten
Treasury to collect
information
the vaue of pro- millions of dollars within the present calendar year, and of providing
perty, &c., in the for the ultimate redemption of the debt herein authorized-to be con-
k~tates, with the tracted, the Secretary of the Treasury is hereby directed to collect
ation. to direct
view tax- information in regard to the value of the property, the revenue system,
To make
report to Congress. and the amount collected during the last fiscal year in each of the Con-
federate States, and to report the same to Congress at its next session, so
as to enable it to lay a fair, equal and convenient system of internal
taxation, for the purpose of securing the payment of' the interest and
principal of the debt hereby authorized to be created, in such manner
as may fully discharge the obligation herein contracted by the pledge of
the faith of the Confederate States to pay the principal and interest of
I'aymcnt b y the said debt when due.
State into the SEC. 7. And be it further enacted, That any State may pay into the
Treasury in antici- treasury, in anticipation of the tax aforesaid, any sum not less than one
pation of the tax. hundred thousand dollars, in specie or its equivalent; and if the same
be paid on or before the first day of July next, the said State shall be
allowed to set off the same with ten per cent. additional from the quota
to be assessed upon the said State.
APPROVED May 16, 1861.
May 17, ISOI. CiAtp. XXV.-An Act to admit the State of North Carolina into the Covfederaey, on a
certain condition.
Preamb'e. The State of North Carolina having adopted measures looking to an early
withdrawal from the United States, and to becoming in the future a
member of this Confederacy, which measures may not be consummated
before the approaching recess of Congress: Therefore-
Admissionofthe The Congress of the Confede)rate Statcs of America do enact, That
State of North the State of North Carolina shall be admitted a member of the Confede-
Carolina upon the
condition, &C. rate States of America, upon an equal fboting with the other States,
under the Constitution for the Provisional Government of the same, upon
the condition that the convention of said State soon to assemble shall
adopt and ratify said Constitution for the Provisional Government of the
Confederate States, and shall transmit to the President of the Confederato
States, before the reassembling of Congress, through the Governor of
raid State, or some other proper organ, an authentic copy of the act or
ordinance of said convention so adopting and ratifying said Provisional
Constitution; upon the receipt whereof the President, by proclamation,
Proe'a.nationby shall announce the fact; whereupon, and without any further proceeding
on the part of Congress, the admission of said State into this Confederacy,
under said Constitution for the Provisional Government, shall be con-
sidered as complete, and the laws of this Confederacy shall thereby bo
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PROVISIONAL CONGRESS. SESS. II. Ci. 26, 27, 28. 186 1. 119
extended over said State as fully and completely as over the other States
now composing the same.
APPROVED May 17, 1861.
CHAP. XXVI.-A Act to admit the Slate of Tennessee into the Confederacy, on a May 1_, VS6'.
certain condition.
CnAP. XXVII.-An Act to establish a mail route from Vermillion-.lc, in the State of Mny 17. 18(].
Louisia,,a, to Orange, in the State of Texas, andfor othc- purposes.
The Congqrcss of the Confederate States of AImerica do enact, That Mail route ce-
,
the following mail route be and the same is hereby established, to-wit tal -lhel Ir rm
From Vermillionville, in the State of Louisiana, to Orange, in the State VOrange.
of Texas.
SEC. 2. And be it farther enacted, That the Postmaster General be Contract for ear-
and he is hereby authorized to make the first contract for carrying the ryn the mail r
mail over said route without the necessity of advertising for bids for
said contract as required by existing law ; and that this act take effect
and be in force from and after its passage.
APPROVED May 17, 1861.
CHAP. XXVIII.-An Act to provide an additionalcompany of 8appers and bombardier# May 17, 186i.
for the army.
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120 PROVISIONAL CONGRESS. SESS. II. CH. 29, 30. 1861.
mi!it'ry establish- two first lieutenants,
one second lieutenant, ten sergeants or master
mont worksnen, ten corporals or overseers, two musicians, thirty-nine pri-
vates of the first celass, and thirty-nine privates of the second class,
who shall be instructed in and perform all the duties of suppers and
bombardiers, and -hall, moreover, under the orders of the chief engi-
neer, be liable to serve by detachments in overseeing and aiding laborers
upon fortifications or other works under the engineer department, and in
supervising finished fortifications, as fort-keepers, preventing injury and
making repairs.
r Vehicles, arms, SEC. 2. That it shall be the duty of the colonel of the engineer corps,
pontons, &c., for subject to the approval of the Secretary of War, to prescribe the numa-
the service of said ber, quantity, form, dimensions, etc., of the necessary vehicles, arms,
pontons, tools, implements, and other supplies for the service of said
company as a body of sappers and bombardiers.
Monthly pay of SEC. 3. That the monthly pay of the captain of said company shall
oficers and pri- be one hundred and forty dollars; of each first lieutenant, one hundred
vatcs, dollars; of the second lieutenant, ninety dollars; of the sergeants,
thirty-fbur dollars ; of the corporals, twenty dollars; of the musicians,
thirteen dollars ; of the first class privates, seventeen dollars; and of
Allowances to the second class privates, thirteen dollars. And the said commissioned
ih's comnisioned officers shall be entitled to the same allowances as all other commissioned
olficers and forage. officers of the army, and the same right to draw forage for horses as is
Rations and .- accorded to officers of like rank in the engineer corps; and the enlisted
lowances for the men shall receive the same rations and allowances as are granted to all
enlisted men. other enlisted men in the army.
APPROVED May 17, 1861.
May 20, 1561. CHAP. XXIX.-An Act to authorize the ecatension of the mail service of the Confederate
Statee in certain cases and upon certain conditions.
Extension of
mail service o~er.
The
-
Congress of the Confedcrate States of America do enact, That
il States and ter the Postmaster General be and he is hereby authorized, to extend the
ritories. mail service of the Confederate States over all such states and terri-
tories as shall, by their legislative or executive authority, request the
same to be done, between this and the meeting of the next session of
the Congress; and that this act take effect and be in force from and
after its passage.
APPROVED May 20, 1861.
May 21, IS61. CnAP. XXX.-An Act to admit the State of Arkansas into the Confederacy.
Admission of the The people of the State of Arkansas, in sovereign convention, having
State of Arkans..s. passed an ordinance dissolving their political connection with the
United States, and another ordinance adopting and ratifying the Con-
stitution for the Provisional Government of the Confederate States of
America : Therefore-
The Congress of the Confederate States of America do enact, That
the State of Arkansas be and is hereby admitted into this Confederacy,
upon an equal footing with the other States, under the Constitution for
the Provisional Government of the same.
APPROVED May 20, 1861.
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PROVISIONAL CONGRESS. SEss. II. CH 31,32, 33. 1861. 121
CHAP. XXXI.-An Act amendatoryof an act to provide for the organizationof the navy. lNTay 20, 1861.
The Congress of the Confederate States of America do enact, That Corps of marines.
from and after the passage of this act, the corps of marines shall
consist of one colonel, one lieutenant colonel, one major, one quar-
termaster with the rank of major, one paymaster with the rank of major,
one adjutant, with the rank of major, one sergeant major, one quar-
termaster sergeant, ten captains, ten first lieutenants, twenty second
lieutenants, forty sergeants, forty corporals, and eight hundred and forty
privates, ten drummers, and ten fifers and two musicians.
SEC. 2. The pay and emoluments of the officers •and enlisted
" meninshall Pay of
hments emolu-
andthe offi-
be the same as that of the officers and enlisted men of like grade in the ers an enlisted
infantry of the army, except that the paymaster and the adjutant shall men.
receive the same pay as the quartermaster, and the adjutant shall be
taken from the captains and subalterns of the corps, and separated from
the line. The rations of enlisted marines shall be the rations allowed rationsofonlist-
by law to seamen. All acts inconsistent with the provisions of this act ed marines.
are hereby repealed.
APPROVED May 20, 1861.
CHAP. XXXIL.-An Act to amend an act to provide for the organization of the nary, May 20, 1861.
approved March sixteenth, eighteen hundred and sixty one.
CHAP. XXXIII.-An Act to establish a separate Port of Entry at Sabine Pass, in tc May 21, 1861.
County of Jefferson, in the State of Texas, and to provide for the appointmcnt o" a
Collector therein.
The Congress of the Confederate States of America do enact, That Collection Dis-
all that part of the collection district for the District of Texas included trictofSabinePass
n
in the county of Jefferson in the State of Texas, embracing all the w,- State
of Texas.
ters, islands, bays, harbors, inlets, shores and rivers in the same, shall be Sabine Pass tho
a collection district, to be called the District of Sabine Pass, and Sabine port of entry fr
Pass shall be the port of entry for said district said district.
SEC. 2. A collector for the said district of Sabine Pass shall be Appointment of
appointed by the President, with the advice and consent of Congress, collector for said
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PROVISIONAL CONGRESS. SESS. II. CH. 34. 1861.
district. Where to who shall reside at Sabine Pass, and hold his office for the terms and the
reside; term of of- time prescribed by law for the like office in other districts, and who shall
fce, and s alary be entitled to a salary not exceeding seventeen hundred and fifty dollars
Excess of fee's per annum, including in that sum the fees allowed by law; and the
over his salary to amount bc shall collect in any one year for fees, exceeding the said sum
be paid into the of' seventeen hundred and fifty dollars, shall be accounted for and paid
Treasury. into the treasury of' the Confederate States of America.
Laws contraven- S:c. 3. That all laws and parts of laws now in force, contravening the
ing this act repeal- provisions of this act, be and the same are hereby repealed, and that this
ed. act take effect from and after its passage.
APPROVED May 21, 1861.
May 21, 181. CHAP. XXXIV.-An Act to put in operation the Government under the Permanent Con-
stit ution of the Confederate States of America.
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PROVISIONAL CO1GRESS. SESS. II. CH. 35. 1861.
Representatives; and the State of North Carolina, in like case, ten Arkansas shall be
members; the State of Tennessee, in like case, eleven; and the State respectively enti-
oT Arkansas, in like case, four members; the same being upon the Basis ofrepreson-
basis of one member for every ninety thousand representative popu-tation.
lation, and one additional member for a fraction over one-half of the
ratio aforesaid, in'each of said States, under the census of the United
States taken in eighteen hundred and sixty, and being the same basis
of representation fixed for the seven original States in said Constitution
f4 permanent government. Rules as to num-
SEC. 6. Be it further enacted, That the same rules and principles ber of Presidential
Electors in said
shall be observed as to the number of Presidential Electors in the States States.
aforesaid as in the other seven original States.
APPROVED May 21, 1861.
CHAP. XXXV-An Act making appropriations in addition to those already made for May 21, 1861.
the military service of the Confederate States of Americ", for thefiscal year ending the
eighteenth.day of February, one thousand eight hundred and sixty-two.
Appropriations.
The Cangress of the Confederate States of America do enact, That For pay of offli-
there be appropriated for the pay of the officers and privates of one cers and privates
hundred regiments of infantry, and for quartermaster's supplies of all of one bundred
kinds for the same, and transportation, including horses, wagons, har- regments f far-
hess, ambulances,and other necessary expenses, for the fiscal year ending termaster's qup-
the eighteenth of Februarypone thousand eight hundred and sixty-two, plies, &c.
twenty-seven millions nine hundred and thirty-two thousand, four hundred
and. ninety-three dollars and twelve cents.
.SEC. 2. That there be appropriated for the pay, quartermaster's sup- For the pay, &e.,
plies of all kinds, transportation and other necessary expenses for one of one regiment of
regiment of legionary formation, composed of one company of artillery, legionary frina-
four companies of cavalry, and six companies of voltigeurs, five hundred tie.
and fifty thousand four hundred and eighty-five dollars.
SEc. 3. That there be appropriated for the purchase of subsistence For the purchase
stores and commissary property for one hundred thousand troops, for the of s u b sist ce
fiscal year ending the eighteenth of February, one thousand eight hun- and commiss a ry
dred and sixty-two, five millions four hundred and sixty-four thousand, property.
two hundred and fifty-eight dollars and eighty cents.
SEC. 4. That there be appropriated for the ordnance service, for the For the ordnance
fiscal year ending the eighteenth of February, one thousand eight hun- service, preserva-
dred and sixty-two---for the preservation of public buildings, quarters, tionofpubliebuild-
ainugs at the arse-
barracks, etc., at the arsenals, armories, and depots; for the repairs and nals, armories and
preservation of ordnance stores; for the pay of clerks, d'raughtsmen, depots, and of ord-
colorers, superintendents, overseers, etc.; for the purchase of horses, nance stores, &c.
mules, forage, stationery, and contingencies of ordnance service; for the
purchase of heavy ordnance and carriages, with shot and shell for the
same; for sixteen field batteries of six pieces each, with harness, imple-
ments and ammunition; for fifty thousand stands of small arms; for five
thousand pistols and holsters; for sabres, swords, carbines and pistols;
for five thousand sets of cavalry equipments; for five thousand sets of
cavalry accoutrements, for one hundred thousand sets infantry accoutre-
ments, knapsacks, haversacks and canteens; for two and one-half mil-
lion pounds powder; for materials for the same; for lead, copper, and
materials for percussion capt and for friction tubes; for additional shops
and storehouses at. Mount Vernon Arsenal, Alabama, and Augusta
Arsenal, Georgia; for machinery, steam engine and tools; for cap
machine; for bullet machine; for repairs of buildings and machines at
Harper's Ferry-four millions four hundred and forty thousand dollars.
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124 PROVISIONAL CONGRESS. SESS. II. CH. 36, 37. 1861.
For medical and SEC. 5. That there be appropriated for medical and hospital supplies,
hospital supplies, for the year ending eighteenth of February, one thousand eight hundred
and sixty-two, the sum of three hundred and fifty thousand dollars.
For the contin- SEC. 6. That there be appropriated for the contingent service of the
gent service of the War Department, for the year ending the eighteenth of February, one
War Department. thousand eight hundred and sixty-two, the sum of three hundred thou-
sand dollars.
For contingent SEC. 7. That there be appropriated for contingent expenses of the
expensesand
jutant Inspe- Adjutant
of theAd- J.
. and Inspectors .General's
. Department,
- including office furniture,
tor General's De- stationery, printed blanks for the use of the army, record books, postage,
partment. telegraphic despatches, etc., for the year ending the eighteenth Febru-
ary, one thousand eigblt hundred and sixty-two, the sum of eight thou-
sand dollars.
For the pay of SEC. 8. That there be appropriated for the pay of surgeons, assistant
surgeons, assistant surgeons, and chaplains, for the year ending the eighteenth day of Feb-
lurgeons ancaP- ruary, one thousand eight hundred and sixty-two, the sum of three
hundred and twenty-nine thousand nine hundred and one dollars.
APPROVED May 21, 1861.
May 21, 1861. CHAP. XXXVI.-An Act to amend an act relative to telegraphic lines of the Confed-
crate States, approved May, one thousand eight hundred and sixty-one.
Compensation to The Congqress of the Confederate StatePof America .do enact, That
agents of telegraph the sixth section of the "act relative to telegraph-lines of the Con-
companies charged federate States," be and the same is hereby so amended as to authorize
by the President
with special du- the President to allow such compensation as may be reasonable and
ties. proper, in addition to what may be allowed by the telegraph companies,
to such of the agents of said companies as he may charge with special
and important duties, where such agents are deemed trustworthy and
acceptable both to him and the companies copcerned.
APPROVED May 21, 1861.
May 21, 1861. CHAP. XXXVII.-An Act snaking appropriat'ons for the Legislative and Executive
expenses'of government for the year ending eighteenth of February, eighteen hundred
and sixty-two.
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PROVISIONAL CONGRESS. SEss. II. CH. 38. 1861.
thousand dollars. For additional expenses under the act "to raise money
for the support of the government, and to provide for the defence of
the Confederate States of America," approved February twenty-eight,
eighteen hundred and sixty-one, thirty thousand dollars. For inciden-
tal and contingent expenses of the Treasury Department, twenty thou-
sand dollars.
Miscellaneous-Forcompensation of two watchmen to guard the exe- Miscellaneous.
cutive buildings, at four hundred dollars each, and for lighting the same,
sixteen hundred dollars. For rent of executive building corner of Bibb
and Commerce street, three thousand dollars. For rent of' executive
building on Bibb street, between Coosa and Commerce street, two
thousand dollars. For rent of building of Noble & Brother and others,
three thousand dollars. For furniture for executive mansion, nine hun-
dred and eighty-seven dollars and fifty-eight cents. For furniture of
executive offices and halls, six hundred and twenty-seven dollars and
twenty-one cents. For work done on executive buildings by order of
committee of Congress, six hundred and thirty-five dollars and fifty-two
cents.
APPROVED May. 21, 1861.
CHAP. XXXVIII.-An Act to providefor certain deficiencies in the appropriations for the May 21, 1861.
Post-office Department for the year endiny Februarg eighteenth, eighteen hundred and
sixty-one.
The Congress of the Confederate States of America do enact, That the A ppropria:ions
• "be and
following sums shall ... are hereby appropriated,
-- .thefor post-office
out. of ..any money of
the service de-
-in the treasury not otherwise appropriated, for the service of the post- theot-m"fc or h-
office department, for the year ending February eighteenth, eighteen year ending Feb-
hundred and sixty-two: For increased compensation of the chiefs of ruarY is, iS6-l
the contract, appointment and finance bureaus, one thousand one hun- ChiefsofBureau.
dred and six dollars and one cent. For compensation of disbursing Disbursing clerk.
clerk, one hundred and forty-seven dollars and forty-seven cents. For
compensation of watchmen, three hundred and sixty-eight dollars and Watchmen.
sixty-seven cents. For compensation of four principal clerks, at four- Principal clerks.
teen hundred dollars each, four thousand and thirty-six dollars and
eighty cents. For compensation of ten clerks, at twelve hundred dollars Other clerks.
each, eight thousand seven hundred and forty-nine dollars and twenty
cents. For compensation of four clerks at one thousand dollars, two
thousand nine hundred and sixteen dollars and forty cents. To supply To supply def -
deficiency in the appropriation for the compensation of the postmaster ciencies.
general, clerks and messengers in his office, made by the act approved
ninth day of, March, eighteen hundred and sixty-one, and entitled " an
act further to provide for the organization of the Post-office Depart-
ment," ten thousand dollars. For the compensation of agents, and for Telegraph lines
cost of materials, and constructing, repairing, and operating telegraph and agents.
lines, and for other expenses which may be incurred under said act,
thirty thousand dollars: Provided, That the Postmaster General is Proviso.
hereby authorized, with the approval of the President, to employ officers
of the telegraph companies as agents to perform the services specified
in the act entitled " an act relative to telegraph lines of the Confederate
States," approved eleventh day of May, eighteen hundred and sixty-
one. But the compensation allowed to such agents shall in no case
exceed that provided for other agents by said act, and shall be fixed by
the Postmaster General, with the approbation of the President.
APPROVED May 21, 1861.
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126 PROVISIONAL CoNGRESS. SESS. II. CH. 39, 40. 1861.
May 21, 1861. CHAP. XXXIX.-An Act coeoerni i the tronlPortationof s,,lcrs, and allowaince for cloth-
ing of volunteers, and amesdatory of the ul for the establishmnent and orglanizationof
the armny of the Confederat Sttcs.
When discharged The Con qress of the Coqfederate States qf Aimerica do enact, When
soldiers entitle j to transportation cannot be furnished in kind, the discharged soldier shall
mileage. be entitled to receive ten cents per mile in lieu of all traveling pay,
subsistence, fbrage, and undrawn clothing, freni the place of discharge
to the place of his enlistment or enrolinent, estimating the distance by
the shortest mail route, and if there is no mail route, by the shortest
practicable route. The foregoing to apply to all officers, non-coummis-
sioned officers, musicians, artificers, farriers, blacksmiths and privates
of volunteers, when disbanded, discharged, or mustered out of service of
the Confederate States ; and it shall also apply to all volunteer troops,
as above designated, when travelling from the place of enrollment to
the place of general rendezvous or point where mustered into service
Proviso. Provided, That nothing herein contained shall be so construed as to
deprive the mounted, volunteers of the allowance of forty cents a day
for the use and risk of his horse, which allowance is made fiom the
date of his enrollment to the date of his discharge, and also fbr every
twenty miles travel from the place of his discharge to the place of his
enrollment.
Act of March 6, SEC. 2. That the fourth section of the act of March sixth, eighteen
1s61, eh. 26, see.
4, amended. hundred and sixty-one. "to provide for the public defence," be amended
Allowance of as follows, viz. : there shall be allowed to each volunteer, to be paid to
money to volun- him on the first muster and pay rolls after being received and mustered
teers in lieu a f
clothing for six into the service of the Confederate States, the sum of twenty-one dol-
months. lars, in lieu of clothing for six months ; and thereafter.the same allow-
ance in money at every subsequent period of service for six months in
Proviso. lieu of clothing: Provided, That the price of all clothing in kind
received by said volunteers from the Confederate States government shall
be deducted first from the money thus allowed ; and if that sum be not
sufficient, the balance shall be charged for st6ppage on the muster and
pay rolls; and that all accounts arising from contracts, agreements, or
arrangements for furnishing clothing to volunteers, to be duly certified
by the company commander, shall be paid out of the said semi-annual
allowance of money.
of 29,
Act ch.
1861, March 6.
. 21, SEC. 3. That the twenty-first section of the act for the organization of
amended so as to the army of the Confederate States be so amended as to allow to aids-de-
allow to aiis-de camp and to adjutants, forage for the same number of horses as allowed
camp and a dj u -to officers of the same grade in the mounted service.
tants forage fo r
horses. APPROVED May 21, 1861.
May 21, 1861. CHAP. XL.--As Act t, be entild (n act to asmend "An act to raise an additional ni.'-
tu'y fo;'ce to serve duri,,g the war."
Act of May 8, The Congress of the Confederate States of America do enact, That
1sol, eh. 5, 2, so much of the second section of the act entitled an act to raise an
amended, additional military force to serve during the war, passed May eighth,
When subaltern eighteen hundred and sixty-one, be so amended as to authorize the
of the line may be Prd
assigned to the d resident, on the application of any commanding officer of a regiment
ties of ajutant, 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.
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PROVISIONAL CONGRESS. SESS. II. CH. 41, 42,43,.44. 1861. 127
CHAP. XLI.-An Act to authorize the Presidentto confer temporary rank and command, May 21, IF61.
for service with volunteer troops, on officers of the O,,federate army.
CHAP. XLII.-An Act to provide for the incidental expen'es of the public service within May 21, 1861.
the Indian Tribes.
priated, to meet the incidental expenses of the public service within the ,,ibi, tve Inin
Indian tribes, for the year ending February the eighteenth, eighteen tribes f-r the year
hundred and sixty-two. But a particular and specific account of the c"nding February
expenditures under this act shall be made and reported to Congress at is,
1S62.
its next session after the expiration of the period herein named.
APPROVED May 21, 1861.
CHAP. XLII.-An Act to divide the State of Texas into two Tudicial Districts, and May 11, 18GI.
provide for the appointment of Judges and officers in the same.
The Congress of the Confederate States of America do enact, That The State of
the State of Texas be and the same is hereby divided into two judicial Texas divided into
to judicial di-
districts, in the following manner, to-wit: all the territory of the State tricts.
of Texas within and west of the following named counties shall compose
one district, to be called the Western District, to-wit: Matagorda,
Wharton, Colorado, Fayette, Washington, Burleson, Milan, Falls, Mc--
Lellan, Hill, Johnson, Tarrant, Wise, Montague; and all the territory
east of said counties shall constitute the Eastern District of Texas.
SEc. 2. There shall be appointed a judge and marshal for said Wes- .TudLc and mar-
tern District. The said judge shall hold two terms each year of said shal fr, western
court, at the city of Austin, and at Brownsville, in the county of CameC_-district.
Terms of court.
ron, at the times prescribed by the laws of the United States for the
holding of the district courts of the United States, at said places.
SEC. 3. All the laws of the United States relative to the district Laws of the U.
courts of Texas, and the powers and jurisdiction of the same, so flr as S relative to dis-
they are consistent with the constitution and the laws of the Confede- trict. I ourts of Tex-
as cuiti"n, d in
rate States, are hereby re-enacted and continued in full force. force.
APPROVED May 21, 1861.
CHAP. XLIV.-An Act to provide revcnoe from commodities ireportedfrom from foreign May 21, 1 SG.
I countries.
The Congress of the Confederate States of America do ct, That Duties imposed
from and after the thirty-first day of August next, a duty shall be im- on g, ods, &c., from
posed on all goods, products, wares and merchandize imported from abroad and afzer th" 31st
of August, 1861.
into the Confederate States of America, as follows:
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PROVISIONAL CONGRESS. SEss. II. CH. 44. 1861.
Classification. On all articles enumerated in Schedule A, an ad valorem duty of
twenty-five per centum. On all articles enumerated in schedule B, an
ad valoreiu duty of twfnty per centul. On all articles enumerated in
schedule C, an ad valoremI duty of fifteen per centum. On all articles
enumerated in schedule D, an ad valorem duty of ten per centum. On
all articles enumerated in schedule E, an ad valorem duty of five per
centum. And that all articles enumerated in schedule F, a specific duty
as therein named. And that all articles enumerated in schedule G, shall
be exempt from duty, to-wit:
Schedule A, 25 SCHEDULE A, (twenty-five per centur ad valorem.)
per cent.
Alabaster and spar ornaments; anchovies, sardines and all other fish
preserved in oil.
Brandy and other spirits distilled from grain or other materials, not
otherwise provided for; billiard and bagatelle tables, and all other tables
or boards on which games are played.
Composition tops for tables, or other articles of furniture; confec-
tionary, comfits, sweetmeats, or fruits preserved in sugar, molasses,
brandy or other liquors; cordials, absynthe, arrack, curacoa, kirschen-
wesser, liquers, maraschino, ratafia, and other spirituous beverages of a
similar character.
Glass, cut.
Manufacturers of cedar-wood, granadilla, ebony, mahogany, rosewood
and satin-wood.
Scagliola tops, for tables or other articles of furniture; segars, snuff,
paper segars, and all other manufactures of tobacco.
Wines-Burgundy, champagne, clarets, madeira, port, sherry, and all
other wines or imitations of wines..
Schedule B, 20 SCHEDULE B, (twenty per centum ad valorem.)
per ceet.
Almonds, raisins, currants, dates, figs, and all other dried or preserved
fruits, not otherwise provided for; argentine, alabata, or German silver,
manufactured or unmanufactured; articles embroidered with gold, silver
or other metal, not otherwise provided for.
Balsams, cosmetics, essences, extracts, pastes, perfumes and tinctures,
used for the toilet or for medicinal purposes; bay rum, beads of amber,
composition or wax, and all other beads; benzoates; bracelets, braids,
chains, curls or ringlets composed of hair, or of which hair is a compo-
nent part, not otherwise provided for; brooms and brushes of all kinds.
Camphor, refined; canes and sticks, for walking, finished or unfin-
ished; capers, pickles, and sauces of all kinds, not otherwises provided
for; card cases, pocket-books, shell boxes, souvenirs, and all similar arti-
cles, of whatever material composed, not otherwise provided for; com-
positions of glass, set or unset; coral, cut or manufactured.
Feathers and flowers, artificial or ornamental, and parts thereof, of
whatever material composed; fans and fire screens of every description,
of whatever material composed.
Grapes, plums, and prunes, and other snch fruit, when put up in bot-
tles, cases, or cans, not otherwise provided for.
Hair, human, cleansed or prepared for use.
Manufactures of gold, platina or silver, not otherwise provided for;
manufactures of papier mache; molasses.
Paintings on glass; pepper, pimento, cloves, nutmegs, cinnamon, and
all other spices; perfumes ard perfumery, of all sorts, not otherwise pro-
vided for; plated and gilt ware of all kinds, not otherwise provided for;
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PROVISIONAL CONGRESS. SEss. II. CH. 44. 1861.
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PROVISIONAL CONGRESS. SEss. II. CH. 44. 1861.
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PROVISIONAL CONGRESS. SEss. II. 'Ci. 44. 1861.
ing newspapers, hand-billsland other print~ig, and all other paper, not
otherwise provided for; paper boxes, and all other fancy boxes; paper
envelopes; paper hangings, paper for walls, and paper for screens or fire-
boards ; parchment; parasols and sun shades, and umbrellas; patent nor-
dant; paving and roofing tiles, and bricks, and roofing slates, and fire
bricks; periodicals and other works, in course of printing and republica-
tion in the Confederate States ; pitch ; plaster of paris, calcined ; plum-
bago ; potassium; putty.
Quicksilver; quills; quasia, manufactured or unmanufactured.
Red chalk pencils; rhubarb; roman cement.
Saddlery of all kinds, not otherwise provided for ; saffron and saffron
cake; sago; salts, epsom, glauber, and i:ochelle, and all other salts and
preparations of salts not otherwise provided for; sarsaparilla; screws of
all kinds ; sealing wax ; seines ; seppia ; sewing silk, in the gum and puri-
rified; shaddocks; skins of all kinds, tanned, dressed or japanned; slate
pencils; smaltz; soap of every description not otherwise provided for;
spirits of turpentine ; spunk ; squills; starch; stereotype llates; still bot-
toms; sulphate of barytes, crude or refined; sulphate of quinine, and
quinine in all its various preparations.
Tapioca ; tar; textile fabrics of every description, not otherwise pro-
vided for; twine and pack thread, of whatever inaterial composed ; thread
lacings and insertings; types, old or new, and type metals.
Umbrellas; vandyke brown ; vanilla beans ; varnish of all kinds ; vel-
lum ; venetian red ; velvet in the piece, composed wholly of cotton, or of
cotton and silk, but of which cotton is the component material of chief
value ; verdigris ; vermillion ; vinegar.
Wafers; -water colors; whalebone; white and red lead ; white vitriol,
or sulphate of zinc; whiting, or Paris white; window glass, broad, crown
or cylinder ; woolen and worsted yarns, and woolen listings; shot of lead,
not otherwise provided for; wheelbarrows and handbarrows; wagons and
vehicles of. every description.
SCHEDULE D, (ten per centum ad valorem.) Schedule D,. ten
per cent.
Acids of every description not otherwise provided for; alcornoque ;
aloes; ambergris; amber; ammonia and sal ammonia; anatto, roucon
or orleans; angora Thibet, and other goats' hair, or mohair, unmanufac-
tured, not otherwise provided for ; annis seed ; antinony, crude or regulus
of; argol, or crude tartar; arsenic; ashes, pot, pearl bnd soda; asphal-
tum; assafoetida.
Bananas, cocoa nuts, pine apples, plantains, oranges,. and all other West
India fruits in their natural state; barilla; bark of all kinds, not other-
wise provided for; bark, Peruvian ; bark, guilla; bismouth ; bitter apples;
bleaching powder of chloride of lime ; bones, burnt; boards, planks, staves,
shingles, laths, scantling, and all other sawed lumber; also spars and
hewn timber of all sorts, not otherwise provided for; bone black, or
animal carbon, and bone dust ; bolting cloths ; books, printed, magazines,
pamphlets, periodicals, and illustrated newspapers, bound, or unbound,
not otherwise provided for; books, blank, bound or unbound; borate of
lime; borax, crude or tincal ; borax refined; buchu leaves; box wood,
unmanufactured ; Brazil paste; Brazil wood, braziletto, and all dye-woods
in sticks; bristles ; bronze and Dutch metal in leaf, bronze liquor and
bronze powder; building stones; butter; burr stones, wrought or un-
w'rought.
Cabinets of coins, medals, gems, and all collections of antiquities; cam.
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PROVISIONAL CONGRESS. SESs. II. CH. 44. 1861.
or unburnt bricks, paving and roofing tiles, gas retorts, and roofing slates;
coal, coke, and culin of coal; cochineal; cocoa nuts, cocoa and cocoa
shells; coculus indicus ; coir yarn ; codilla, or tow of hemp or flax ; cow-
hage down; cream of tartar; cudbear.
Diamonds, cameos, mosaics, gems, pearls, rubies, and other precious
stones, and imitations thereof, wvhen set in gold or silver, or other metal
diamond glaziers, set or not set ; dragon's blood.
Engravings, bound or unbound; extract of indigo; extracts and decoc-
tions of log-wood and other dye-wood, not otherwise provided for; extract
of madder; ergot.
Flax, unmanufactured ; flaxseed and linseed ; flints and flint ground
flocks, waste or shoddy ; French chalk; furs, hatters', dressed or un-
dressed, not on the skin ; furs, undressed, when on the skin.
Glass, when old and fit only to be re-manufactured; gamboge; gold
and silver leaf; gold-beaters' skin; grindstones; grm-Arabic, Barbary,
copal, East Indies, Senegal, substitute, tragacanth, and all other gums and
resins, in a crude state, not otherwise provided for;
Hair, of all kinds, uncleansed and unmanufactured; hemp, unmanu
factured ; hemp seed and rape seed ; hops, horns, horn-tips, bone, bone-
tips, and teeth, unmanufactnred.
Ivory, unmanufactured, ivory nuts, or vegetable ivory.
Jute, sisal grass, coir, and other vegetable substances, unmanufactured,
not otherwise provided for.
Kelp; kermes.
Lao spirits, lac sulphur, and lac dye; leather, tanned, band, solo, and
upper of all kinds not otherwise provided for; lemons and limes, and
lemon and lime juice, and juices of all other fruits without sugar; lime.
Madder, ground or prepared ; madder root; marble in the rough slab
or block, unmanufactured ; metals, unmanufactured, not otherwise pro-
vided for; mineral kermes; mineral and bituminous substances, in a crude
state, not otherwise provided for; moss, iceland; music, printed with
lines, bound or unbound.
Natron ; nickel ; nuts, not otherwise provided for: nut galls ; nux
vomica.
Oakum; oranges, lemons, and limes, orpiment.
Palm leaf, umnanufactured; pearl, mother of; pine apples; plantains;
platina, unmanufactured ; polishing stones; potatoes; prussian blue ; pu-
mice and pumice stone.
Rattans and reeds, unmanufactured ; red chalk ; rotten stone.
Safflower; sal soda, and all carbonates and sulphates of soda, by what-
ever names designated, not otherwise provided for ; seedlac ; shellac;
silk, raw, not more advanced in manufacture than singles, tram and
thrown, or organzine ; sponges; steel, in bars, sheets and plates, not fur-
ther advanced in manufacture than by rolling; and cast steel in bars;
sumac; sulphur, flour of.
Tallow, marrow, and all other grease or soap stock and soap stuffs, not
otherwise provided for.
Tea; te-ne tin, in plates or sheets; teazle, terra japonica, catechu ; tin,
in plates or sheets, and tin.foil; tortoise, and other shells, unmanufactured ;
trees, shrubs, bulbs, plants and roots, not otherwise provided for ; turmeric.
Watches and parts of watches; woad or pastell; woods, viz. : cedar,
box, ebony, lignum vitoe, granadilla, mahogany, rose-wood, satin-wood,
and all other woods, unmanufactured.
Iron ore, and iron in bloom, loops and pigs.
Maps and charts.
Paintings and statuary not otherwise provided for.
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PROVISIONAL CONGRESS. SESS. II. CH. 44. 1861.
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PROVISIONAL CONGRESS. SESS. II. Cii. 44. 1861.
Coins, gold, silver and copper ; toffee ; cotton ; copper, when imported
for the mint of the Confederate States.
Garden seeds, and all other seeds for agricultural and horticultural pur-
poses; goods, wares, and merchandize, the growth, produce or manufac-
ture of the Confederate States, exported to a foreign country and brought
back to the Confederuto States in the same condition as when exported,
upon which no drawback has been allowed: Provided, That all regula-
tions to ascertain the identity thereof, prescribed by existing laws, or
which may be prescribed by the Secretary of the Treasury, shall be com-
plied with.
Guano, manures, and fertilizers of all sorts.
Household effects, old and in use, of persons or families from foreign
countries, if used abroad by them, and not intended for any other purpose
or purposes, or for sale.
Models or inventions or other improvements in the arts: Provided,That
no article or articles shall be deemed a model which can be fitted for use.
Paving stones; personal and household effects, not merchandise, of
citizens of the Confederate States dying abroad.
Specimens of natural history, mineralogy, or botany; provided the
same be imported in good fitith for the use of any society incorporated or
established for philosophical, agricultural or horticultural purposes, or for
the use or by the order of any college, academy, school or seminary of
learning in the Confederate States.
Wearing apparel, and other personal effects not merchandise; profes-
sional books, implements, instruments, and tools of trades, occupation or
employment, of persons arriving in the Confederate States: Provided,
That this exemption shall not be construed to include machinery, or other
articles imported for use in any manufacturing establishment, or for sale.
Bacon, pork, hams, lard, beef, wheat, flour and bran of wheat, flour and
bran of all other grains, Indian corn and meal, barley, rye, oats and oat
meal, and living animals of all kinds, not otherwise provided for; also all
agricultural productions, including those of the orchard and garden, in
their natural state, not otherwise provided for.
Gunpowder, and all the materials of which it is made.
Lead, in pigs or bars, in shot or balls, for cannon, muskets, rifles or pistols.
Rags, of whatever material composed.
Arms of every description, for military purposes, and parts thereof,
munitions of war, military accoutrements, and percussion caps.
Ships, steamers, barges, dredging vessels, machinery, screw pile jetties,
and articles to be used in the construction of harbors, and for dredging
and improving the same.
Ngn-enumerated SEc. 2. And be it further enacted, That there shall be levied,. collected
articles bearing a and paid on each and every non-enumerated article which bears a simili-
similitude to ar- tude, either in material, quality, texture, or the uses to which it may be
ticles enumerated,
chargeable witlh applied, to any enumerated article chargeable with duty, the same rate of
the duties on the duty which is levied and charged on the enumerated article by the fore-
latter, going schedules, which it most resembles in any of the particulars before
When the resem- mentioned ; and if any non-enumerated article equally resembles two or
blance is to two or more enumerated articles on which different rates of duty are chargeable,
more articles, there shall be levied, collected and paid on such non-enumerated article
the same rate of duty as is chargeable on the article which it resembles,
Proviso. paying the highest duty: Provided, That on all articles manufactured
from two or more materials, the duty shall be assessed at the highest rates
at which any of its component parts may be chargeable: Provided further,
Duty ofonton
percent, per That on all articles which are not enumerated in the foregoing schedules
all ar- and cannot
tile not enumera- , .. be classified
, ., under this section, a duty of ten per cent. ad
ted and classified. valorem shall be charged.
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PROVISIONAL CONGRESS. SESs. II. CH. 45. 1861. 135!
SEC. 3. And be it further enacted, That all goods wafes and merchan- Goods ir pub'ic
dize which may be in the publico stores as unclai~ted, or in warehouse stores as unclaim-
under warehousing bonds, on the thirty-first day of August next, shall be ed, or in warehouse
wr g under bonds, on
subject, on entry thereof for consumption, to such duty as if the same had the 31st of August,
been imported, 'respectively after that day. IS61.
SEC. 4. And be it further enacted, That on the entry of any toods, l e Decision of cot-
wares or merchandise, imported on or after the thirty-first day of jl 5 ctStctrans to l iabil t y
... .to or exemptioa
aforesaid, the decision of the collector of customs at the port ot In-from-du"y o , ..
portation and entry, as to their liability to duty or exemption therefrom, imported on or
shall be final and conclusive against the owner, importer, consignee or after the 3]st Au-
agent of any -such goods, wares and merchandise, unless the owner, m - andconclusive,fim
gust, 181. un-I
porter, consignee or agent shall, within ten days after such entry, give less, &.
notice to the collector, in writing, of his dissatisfaction with such decision,
setting forth therein distinctly and specifically his ground of objection
thereto, and shall, within thirty days after the date of such decision, appeal Appeal allowed
therefrom to the Secretary of the Treasury, whose decision on such appeal to So, retary of the
shall be final and conclusive; and the said goods, wares and merchandise Treasury.
shall be liable to duty or exemption theref'rom accordingly, any act of
Congress to the contrary notwithstanding, unless suit shall be brought
within thirty days after such decision, for any duties that may have been
paid, or may thereafter be paid on said goods, or within thirty days after
the duties shall have been paid in cases where such goods shall be in bond.
SEC. 5. And be it further enacted, That it shall be lawful for the owner, Invoice value of
consignee, or agent qfn imports which have been actually to purchased or import sto may
inke sueraised the tube
procured otherwise than by purchase, ou entry of the same, to make such tovar
lthe true
addition in the entry to the cost or value given in the invoice as, in his
opinion, may raise the same to the true market value of such imports in
the principal markets of the country whence the importations shall have
been made, and to add thereto all costs and charges which, under existing Additton of eoss8
laws, would form part of the true value at the port where the same may and charges.
be entered, upon which the duty should be assessed, And it shall be the
duty of the collector within whose district the same may be imported or
ehtered, to cause the dutiable value of such imports to be appraised, esti- Dutiable value
mated and ascertained, in accordance with the provisions of existing laws; to be appraised.
and if the appraised value thereof shall exceed by ten per centurn, or
more, the value so declared on entry, then in addition to the duties im- Extra duty to be
posed by law on the same, there shall be levied, collected, and paid, apaid it'the ap-
duty of twenty per centum ad valorem, on such appraised value: Pro- ed ylOe nt.
vided, nevertheless,, That under no circumstances shall the duty be assessed or more, the valie
upon an amount less than the invoice or entered value, any law of Con- declared on entry.
l'roviEo.
gress to the contrary notwithstanding.
SEC. 6. And be it further enacted, That so much of all acts or parts of R.ealirzlausc.
acts as may be inconsistent with the provisions of this act, shall be and
the same are hereby repealed.
APPROVED May 21, 1861.
CHAP. XLV.-An Act to define whh more eertaiqat,. tne meoninq (f an art ewtittd 11.y 21, 1661.
"An Act to .fix the duties on articles therein named," alpproved March the fieceuth,
eighteen Aundred'and sxiy-one.
The Congress of the Confederate States of .America do enact, That Act of March
the above recited act shall beso construed as to embrace all railroad rails, 1.5,1S61. ell. 54,
spikes, fishing plates and chairs, used in the construction of railroads, fixing the duties
on articlestherein
which were imported and were in bond at the date of its passage. named, construed.
SEC. 2. Be it further enacted, That the Secretary of the Treasury is When % greater
hereby directed to refund to such railroad companies as have, since tie rate of duty has
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136 PROVISIONAL CONGRESS. SESS. I. Cii. 46. 1861.
bon p:id than i, passage of said act, paid on any of the above enumerated articles imported
Irei3ribl I by said as aforesaid, a greatei" rate of duty than is prescribed by said act, the
bct,rtht: scd, to an~oLlt over and above said rate.
be rofr.-Lid.
AirROVED May 21, 1861.
a,'y 21, ISI. Cusp. XLVI.-An Act to c !ablsha Patent Ojfi:e, and to provide for the gprantang
and ieue of patt nt fr new a:d uefod discoverie, iutions, improvemnents. and de-
Paten' office es- The Con qrcss of the Confederate States of America do enact, That
tablisted, .nd at- there shall be established and attached to the Department of Justice, an
,ached to the D-- office to be denominated the Petent Office, the chief officer of which shall
fLee. be called the Conmissioner of Patents, to be appointed by the President,
President to op-by and with the consent of the Congress, whose duty it shall be, under the
poit C"Inmisq on- d t o,
or of pa'eats, his sucectn of tie Attorney General, to superintend, execute and perform all
duties. such acts and things touching and respecting the issue of patents for new
and useful discovcries, inventions and improvements, as are herein pro-
vided for, or shall hereafter be by law directed to be done and performed,
and shall have the charge and custody of all the books, records, papers,
models, machines, and other things belonging to said office.
Chief clerk. SEC. 2. Be it further enacted, That there shall be in said office an infe-
rior officer, to be a)pointed by said commisspner, with 'the approval of
the Attorney General, to be called the chief clerk of the patent office,
who in all cases during the absence of the commissioner, or when the
said principal office shall become vacant, shall have the charge and cus-
tody of the seal and of the records, books, papers, machines, models, and
all other things belonging to the said office, and shall perform the duties
Examiners
o
ofof the commissioner during such vacancy. And the said' commissioner
pat n's and other may also, with like approval, appoint such examiners of patents, and other
clerks, clerks as may be necessary. And said commissioner, and every other
and(i om mi ssioner
other offiee rs person appointed and employed in said office, shall be disqualified or in-
id .th fiet-ro
. terdicted from acquiring or taking, except by inheritance, during the
takig any itrst period for which they Shall hold their appointments respectively, any
in patents, right or interest, directly or indirectly, in any patent for an invention or
discovery which has been or may hereafter be granted. And said com-
Coxpensation. missioner, and all others employed in said office, shall receive a compen-
sation to be ascertained and fixed by law.
Oath or o'lce. SEc. 3. And be itfurther enacted, That the said principal officer, and
every other person to be appointed ii the said office, shall, before he enters
upon the duties of his office or appointment, make oath or affirmation
truly and faithfully to execute thme trust committed to him. And the said
commi.ssioner and chief clerk shall also, before entering upon their duties,
Bonds. severally give bonds, with sureties, to the treasurer of the Confederate
States, the former in the sum of ten thousand dollars, and the latter in
the suM of five thousand dollars, with condition to render a true and
faithfil account to him or his successor in office, quarterly, of all moneys
whiiths shall be by them respectively received for duties on patents, and
for copies of records and drawings, and all other moneys received by vir-
tue of said office.
seal of o21ce. SEC. 4. And bc it further enacted, That the said commissioners shall
cause a seal to be niade and provided for the said office, with such device
o);)nesoroecords as tile President of the Confederate States shall approve; and copies of
to ba ovid nee. any records, books, papers or drawings belonging to the said office, under
the signature of said commissioner, or when the office shall be vacant,
under the signature of the chief clerk, with the said seal affixed, shall be
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PROVISIONAL CONGRESS. SESS. II. CH. 46. 1861.
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PROVISIONAL CONGRESS. SEss. II. CH. 46. 1861.
Examination by cation,I description and specification, and the payment of the duty herein-
Commissioner o r
other officer of °r after provided, the commissioner shall make, or cause to be made, an
alleged new inven- examination of the alleged new invention or discovery, and if, on any such
tion or discovery. examination, it shall not appear to the commissioner that the same had
What to appear been invested or discovered by any other person in this country, prior to
to authorize the is-
suiDg of a patent.the alleged invention or discovery thereof by the applicant, or that it had
been patented or described in any printed publication, in this or in any
foreign country, or had been in public use or on sale, with the applicant's
consent or allowance, prior to the application, if the commissioner shall
deem it to be sufficiently useful and important, it shall be his duty to issue
a patent therefor. But whenever, on such examination, it shall appear to
the commissioner that the applicant was not the original and first inventor
or discoverer thereof, or that any part of that which is claimed as new had
before been invented or discovered, or patented or described in any printed
publication in this or any foreign country as aforesaid, or that the descrip-
Commissioner totion is defective and insufficient, he shall notify the applicant thereof,
notify the appli- giving him briefly such informatio'n and references as may be useful in
(ant when his ap- jud.Uing of the propriety of renewing his application, or of altering his
specification to embrace only that part of the invention or discovery which
If applicant per- is new. But if the applicant in such case shall persist in his claim for a
sist in his new
apatent, for patent,
claimoath t with or without any alterations of his specifications, he shall be
required w required to make oath or affirmation anew, in manner as aforesaid; and if
the specification and claim shall not have been so modified as in the opinion
of the commissioner shall entitle the applicant to a patent, he may, on
Appeal to Attor- appeal, and upon request in writing, have the decision of the Attorney
ney General. General, who shall be furnished with a certificate in writing, with the
opinion and decision of the commissioner, stating the particular grounds
Proceedings On of his objection, and the part or parts of the invention which he considers
appeal. as not entitled to be patented, and the Attorney General shall give reason-
able notice to the applicant, as well as to the commissioner, of the time
and place df hearing such appeal; that they may have an opportunity of
furnishing him with such facts and evidence as they may deem necessary
to a just decision ; and it shall be the duty of the commissioner to furnish
to the Atlorney General such information as he may possess, relative to
the matter under consideration. And on an examination and consider-
ation of the matter by the Attorney General, it shall be in his power to
reverse the decision of the commissioner, either in whole or in part; and
his opinion being certified to the commissioner, he shall be governed
Provi-o. thereby in the further proceedings to be had on such application : Pro-
vided, however, That before an appeal shall be had in any such case, the
applicant shall pay to the credit of the treasury, as provided in the twenty-
third section of this act, the sum of twenty-five dollars.
Applicaiions for SEC. 8. And be it further enacted, That whenever an application shall
patents sn-oe made
whichother.b
terf're with md for a patent, which in the opinion of the commissioner would
pending applica- interfere with any other parent for which an application may be pending,
tions or unexpired or with any unexpired patent wnich shall have been granted, it shall be
patents.ort the duty of the commissioner to give notice thereof to such applicants or
as the case may be; and if either shall be dissatisfied with the
give notice thereof. patentees,
decision of the commissioner on the question of priority of right or inven-
Appeal from his tion, on a hearing thereof, he may appeal from such decision on the like
decision, terms and conditions as are provided in the preceding section of this act,
and the like proceedings shall be had to determine which or whether
Taking out let- either of the applicants is entitled to receive a patent as prayed for. But
trpatent in a for- nothing in this act contained shall be construed to deprive an original and
eign countrv not t0 •
deprive inventor of true inventor of the right to a patent for his invention by reason of his
his rightunder this having previously taken out letters patent therefor in a foreign country,
act. and the same having been published at any time within six months next
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PROVISIONAL CONGRESS. SESS. II. CH. 46. 1861.
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PROVISIONAL CONGRESS. SEss. II. CH. 46. 1861.
may be surrender- be inoperative or invalid, by reason of a defective or insufficient de-
ed and re-issued. scription or specification, or by reason of the patentee claiming in his
specification as his own invention more than he had or shall have a right
to claim as new, if the error has or shall have arisen by inadvertency,
accident or mistake, and without any frandulent or deceptive intention,
it shall be lawful for the commissioner, upon the surrender to him of
such patent, and the payment of the further duties of twenty dollars, to
cause a new patent to be issued to its head inventor, for the same inven-
tion, for the residue of the period then unexpired for which the original
patent was granted, in accordance with the patentee's corrected descrip-
Effrect there f. tion and specification. And in case of his death, or any assignment by
him made of the original patent, a similar right shall vest in his execu-
tors, administrators or assigns. And the patent so re-issued, together
with the corrected description and specifications, shall have the same
effect and operation in law, on the trial of all actions hereafter com-
menced for causes subsequently accruing, as though the same had been
originally filed in such corrected form before the issuing of the original
Patenis for new patent. And in all cases where any new improvement of the original
improvements ofinvention or discovery may have been invented or discovered by the
the original inven- .
tion or discovery. original patentee subsequent to the date of his patent, for which a patent
is desired by him, an independent patent for such improvement or dis-
Annexing to ori- covery may be applied for; and no annexing to such original patent of
ginal patents, do- the description and specification of such additional improvement or im-
scriptions, &c., of
ech improvements provements shall be allowed.
disallowed. SEC. 13. And be itfirther enacted, That the defendant in any such
Defendant may action shall be permitted to plead the general issue, and to give this act
plead the general and any special matter in evidence of which notice in writing may have
issue, and give no- been given to the plaintiff or his attorney, thirty days before trial, tend-
ticeof special mat-
ter. ing to prove that the description and specification filed by the plaintiff
does not contain the whole truth relative to his invention or discovery,
or that it contains more than is necessary to produce the described efiect;
Defences. which concealment or addition shall fully appear to have been made for
the purpose of deceiving the public, or that the patentee was not the
first and original inventor or discoverer of the thing patented, or of a
substantial and material part thereof, claimed as new, or that it has been
described in some public work anterior to the supposed discovery thereof
by the patentee, or had been in public use or on sale with the consent
and allowance of the patentee before his application for a patent, or that
he had surreptitiously or unjustly obtained the patent for that which
was in fact invented or discovered by another, who was using ressonable
diligence ir Adapting and perfecting the same ; or that the patentee, if
an alien at the time the patent was granted, had failed and neglected,
for the space of eighteen months from the date of the patent, to put
and continue on sale to the public, on reasonable terms, the invention or
What spec- ial discovery for which the patent was issued ; and whenever the defendant
mattersthe defend- relies in his defence on the fact of a previous invention, knowledge or
nut to state in his .
notice, when h e use of the thing patented, he shall state in his notice of special matters
relies on a previous the names and places of residence of those whom he intends to prove to
invention, &c. have possessed a prior knowledge of the thing, and where the same had
Judgment. been used ; in either of which cases judgment shall be rendered for the
defendant with costs: Provided, however, That whenever it shall satis-
factorily appear that the patentee, at the time of making his application
for the patent, believed himself to be the first inventor or discoverer of
When prior use the thing patented, the same shall not be held to be void on account of
abroad not to avoid the invention or discovery, or any part thereof, having been before known
pat ent, or used in any foreign country-it not appearing that the same or any
substantial part thereof had before been patented or described in any
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PROVISIONAL CONGRESS. SEss. II. CH. 46, 1861.
printed publication: And provided also, That whenever the plaintiff Costs.
shall fail to sustain his action on the ground that in his specification or
claim is embraced more than that of which he was the first inventor, if
it shall appear that the defendant had used or violated any part of the
invention justly and truly specified and claimed as new, it shall be in
the power of the court to adjudge and award, as to costs, as may appear
to be just and equitable.
SEc. 14. And be it further enacted, That whenever there shall be two Rcmedyinequity
interfering patents, or whenever a patent or *application shall have been terfering are in-
where tLerepatents,
refused on an adverse decision of the Attorney General, on the ground or where a patent
that that patent applied for would interfere with an unexpired patent pre- has been refused
viously granted, any person interested in any such patent either by assign- on would
Z)it the ground that
interfere
ment or otherwise, in the one case, and any such applicant in the other with an unexpired
case, may have remedy in equity; and the court having cognizancepateut.
thereof, on notice to adverse parties, and other due proceedings had,
may adjudge and declare either the patents void in the whole or in part,
or inoperative and invalid in any particular part or portion of the Con-
federate States, according to the interest which the parties to such suit
may possess in the patent or the invention patented ; and may also ad-
judge that such applicant is entitled, according to the principles and
provisions of this act, to have and receive a patent for his invention, as
specified in his claim, or for any part thereof, as the fact of priority or
right or invention shall, in hny such case, he made to appear. And such
adjudication, if it be in favor of the right of such applicant, shall
authorize the commissioner to issue such patent, on his filing a copy of
the adjudication and otherwise complying with the requisitions of this
act: Provided, however, That no such judgment or adjudication shall Proviao.
affect the rights of anJ person, except the parties to the action and those
deriving title from and under them subsequent to the rendition of such
judgment.
SEC. 15. And be it further enacted, That all actions, suits, controver- All actions, &c.,
sies and cases arising under any law of the Confederate States, granting under the patent
or confirming to inventors the exclusive right to their inventions or dis- laws,cognizable in
Distriet Courts
I
coveres, shall be originally. cognizable, as well in equity as at law, by the
of the C. S.
the district courts of the Confederate States, which courts shall have lower of the
power in any such case to grant injunctions according to the course and court to giant in-
principles of courts of equity, to prevent the violation of the rights OfJunctiJns.
any inventor as secured to him by any law of the Confederate States,
on such terms and conditions as said courts may deem reasonable : Pro- Proviso, as to
vided, however, That from all judgments and decrees from any such writs of eiror or
court rendered in the premises, a writ of error or appeal, as the case appeal.
may require, shall lie to the Supreme Court of the Confederate States,
in the'same manner and under the same circumstances as is now pro-
vided by law in other judgments and decrees of district courts, and in
all other cases in which the court shall deem it reasonable to allow the
same.
SEc. 16. And be it further enacted, That it shall be the duty of the Clasification and
commissioner to cause to be classified and arranged in such rooms or arrangement in
galleries as may be provided for that purpose, in suitable cases, when roos, or galleries,
of models, &c.
necessary for their preservation, and in such manner as shall be condu-
cive to a beneficial and favorable display thereof, the models and speci-
niens of compositions and fabrics, and other manufactures and works of
art, patented or unpatented, which have been or shall hereafter be de-
posited in said office. And said rooms or galleries shall be kept open To be kept open
during suitable hours for public inspection, for public inspec-
tion.
SEc. 17. And be itffurther enacted, That whenever a patent shall be Fees for several
returned for correction and re-issue, under this act, and the patentee
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142 PROVISIONAL CONGRESS. SESS. II. CH. 46. 1861.
distinct patents on shall desire several patents to be issued for 'distinct and separate parts
surrender, of the thing patented, he shall first pay, in manner and in addition to
the sum provided by this act, the sum of twenty dollars for each addi-
tional patent so to be issued ; nor shall any new patent be issued for an
improvement made in any machine, manutficture or process, to the origi-
nal inventor, assignee or possessor of a patent therefor, nor any dis-
claimer be admitted to record, until a duplicate model or drawing of the
same shall have been deposited in the patent office, if the commissioner
When duplicatc shall require the same; nor shall any patent be granted for an invention,
models or drawings improvement or discovery, the model or drawing of which shall have
is be filed, been lost, until another model or drawing, if required by the commis-
sioner, shall in like manner be deposited in the patent office. And in
Question of corn- all such cases the question of compensation for such models and draw-
pensation for. ings shall be subject to the judgment and decision of the commissioner,
under the same limitations and restrictions as are herein prescribed.
Patents may is- SEC. 1S. And be itfiarther enacted, That any patent, hereafter to be
sue to the assigneus issued, may be made and issued to the assignee or assignees of the in-
of the inventors or ventor or discoverer, the assignment thereof being first entered of
discoverers, record, and the application therefor being duly made, and the specifica-
Applicant for tion duly sworn to by the inventor. And in all cases hereafter the ap-
patent to furnish plicant fbr a patent shall be held to furnish duplicate drawings, whenever
duplicate draw - the case admits of drawings, one of which to be deposited in the office,
ings. and the other to be annexed to the patent and considered a part of the
specification.
Patentee m ay SEC. 19,. And be it further enacted, That whenever any patentee shall
disclaim where his have, through inadvertence, accident or mistake, made his specification
specifieation is too of claim too broad, claiming more than that of which he was the origi-
broad. nal or first inventor, some material and substantial part of the thing
patented being truly and justly his own, any such patentee, his admin-
istrators, executors and assigns, whether of a whole or of a sectional
How made. interest therein, may make disclaimer of such parts of the thing patented
as the disclaimant shall not claim to hold by virtue of the patent .or
assignment, stating therein the extent of his interest in such patent,
Which disclaimer shall be in writing, attested by one or more witnesses,
and recorded in the patent office, on payment by the person disclaiming, in
manneil as other patent duties are required by law to be paid, of the
Effect thereof. sum of ten dollars. And such disclaimer shall thereafter be taken and
considered as part of the original specification, to the extent of the in-
terest which shall be possessed in the patent or right secured thereby by
the disclaimant, and by.those claiming by or under him, subsequent to
the record thereof. But no such disclaimer shall affect any action pend-
ing at the time of its being filed, except so far as may relate to the
question of unreasonable neglect or delay in filing the same.
Application for SEC. 20. And be it further enacted, That whenever application shall
improvements and be made to the commissioner for a patent for a newly discovered im-
re-issues to be sub-
ject to revision asprovement to be made to an existing patent, or wherever a patent shall
original applica- be returned for correction and re-issue, the specification of claim annexed
tio. to every such patent shall be subject to revision and restriction, in the
same manner as are original applications for patents ; the commissioner
shall not add any such improvement to the patent in the one case, nor
grant the re-issue in the other case, until the applicant shall have
Disclaimer. entered a disclaimer or altered his specification of claim, in accordance
with the decision of the commissioner; and in all such cases the appli-
Appeal. cant, if dissatisfied with such decision, shall have the same remedy and
be entitled to the benefit of the'same privileges and proceedings as are
provided by law in the case of original applications for patents.
Patent to be good S.sc. 21. And be it further enacted, That whenever, by mistake, acci-
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PROVISIONAL CONGRESS. SESS. II. CH. 46. 1861.
dent or inadvertence, and without any wilful default or intent to de- for so much as is
fraud or mislead the public, any patentee shall have in his specification, original.
claimed to be the original and-first inventor or discoverer of any mate-
rial or substantial part of the thing patented, of which he was not the
original and first inventor, and shall have no legal or just right to claim
the same, in every such case the patent shall be deemed good and valid,
for so much of the invention or discovery as shall be truly and bonafide
his own: Provided, It shall be a material and substantial part of the
thing patented, and be definitely distinguishable from the other parts so
claimed, without right as aforesaid. And every such patentee, his ex- Actions for in-
ecutors, administrators and assigns, whether of a whole or of a sectional fringements.
interest therein, shall be entitled to maintain a suit at law or in equity
on such patent for any such infringement of such part of the invention
or discovery as shall be bonafide his own as aforesaid, notwithstanding
the specification may embrace more than he shall have any legal right
to claim. But in every such case in which a judgment or verdict shall No costs unless
be rendered for the plaintiff, he shall not be entitled to recover costsdisclaimer fled.
against the defendant, unless he shall have entered at the patent office
prior to the commencement of the suit, a disclaimer of all that part of the
thing patented which was so claimed without right: Provided, however,
That no person bringing any such suit shall be entitled to the benefits Delay in filng
of the provisions contained in this section, who shall have unreasonably disclaimer, to bar.
neglected or delayed to enter at the patent office a disclaimer as afore-
said.
SEC. 22. And be it further enacted, That in all cases in which an We beafirmation
oath is required by this act, if the person of whom it is required shall maydb oath. in-
sub- stead of taken
be conscientiously scrupulous of taking an oath, affirmation may be
stituted therefor.
SEC. 23. And be it further enacted, That all moneys paid into the Patent fund am-
treasury. of the Confederate
• ..... States for patents, and for fees for copies ment f pa-
." of expenses
furnished by the commissioner shall be carried to the credit of the of the patent office.
patent fund created&by this act; and the moneys constituting said fund
shall be and the same are hereby appropriated for the payment of the
salaries of the officers and clerks provided by this act, and all other ex-
penses of the patent office, including all the expenditures provided for
by this act; and also for such other purposes as are or may be hereafter
specially provided for bylaw. And the commissioner is hereby authorized
to draw upon such fund, from time to time, for such sums as shall be
necessary to carry into effect the provisions of this act, governed, how-
ever, ,by the several limitations herein contained. And it shall be his Commissioner to
duty to lay. before Congress, in the month of January, annually, a list makesnnualreport
of all patents which shall have been granted during the preceding year, to Congress.
designating under proper heads the subjects of such patents, and fur-
nishing an alphabetical list of the patentees, with their places of resi-
dence; and he shall also furnish a list of all patents which shall have be-
come public property during the same period, together with such other
information of the state of the patent office as may be useful to Con-
gress or to the public.
SEC. 24. And be it further enacted, That the commissioner be author- Temporary clerks.
ised to employ temporary clerks to do any necessary transcribing, when-
ever the current business of the office requires it: Provided, however, Compensation.
That instead of salary a compensation shall be allowed, at a rate not
greater than is charged for copies now furnished by the office.
SEC. 25. And be it further enacted, That the commissioner is hereby List of patents
authorized to publish a classified and alphabetical list of all patents to bs published.
granted by the patent office previous to said publication, and retain one
hundred copies for the patent office and five hundred copies to be de-
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PROVISIONAL CONGRESS. SEss. II. Cu. 46. 1861.
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PROVISIONAL CONGRESS. SEss. II. CH. 46. 1861.
SEc. 33. And be itfurther enacted, That from all judgments and de- Writ of error or
crees of any district court rendered in any action, suit, controversy, or appeal to the Fu-
case at law or in equity, arising under apy law of the Confederate States preme Court.
granting or confirming to inventor and discoverers the exclusive right
to their inventions or discoveries,a writ of error or appeal, as the case
may require, shall lie, at the instance of either party, to the supreme
court of the Confederate States, in the same manner and under the same
circumstances as is now provided by law in other judgments and decrees
of such district courts, without regard to the sum or value in contro-
versy in the action. Commissioner to
SEc. 34. And be itfurther enacted, That the commissioner of patents proscribe lules for
may establish rules for taking affidavits and depositions required in cases taking evidence.
pending in the patent office, and such affidavits and depositions may be r(fore whom to
taken before any justice of the peace or other officer authorized by law be token.
to take depositions to be used in the courts of the Confederate States,
or in the State courts of any State where such officer shall reside ; and
in any contested case pending in the patent office it shall be lawful fbr
any clerk of any court of the Confederate States for any district or
territory, and he is hereby required, upon the application of any party Subpcoenas for
to such contested case, or the agent or attorney of such party, to issue witnesses.
subpoenas for any witnesses residing or being within the said district or
territory, commanding such witnesses to appear and testify before any
justice of the peace, or other officer as aforesaid residing within the
said district or territory, at any time and place in the subpcena to be
stated ; and if any witness, after being duly served with such subpoena, Failure of w it-
shall refuse or neglect to appear,'or after appearing shall refuse to testify, nese to attend, or
(not being privileged from giving testimony,) such refusal or neglect refund to testify.
being proved to the satisfaction of any judge of the court whose clerk
shall have issued such subpoena, said judge may thereupon proceed to
enforce obedience to the process, or to punish the disobedience in like
manner as any court of the Confederate States may do in case of disobe-
dience to process of subpana ad testificandamissued by such court; and Compensation.
witnesses in such cases shall be allowed the same compensation as is
allowed to witnesses attending the courts of the Confederate States: WhIn not ro-
Provided, That no witness shall be requi-red to attend at any place more quired to attend.
than forty miles from the place where the subpehia shall be served upon When not deem-
him, to give a deposition under this law : Provtidcd, also, That no wit- ed guilty of coo-
ness shall be deemed guilty of contempt for refusing to disclose any tdmpt.
secret invention made or owned by him : Andprovided,fur her, That no
witness shall be deemed guilty of contempt fur disobeying any subpwna
directed to him by virtue of this act, unless his fees for going to, return-
ing from, and one day's attendance at the place of cxamination shall
be paid or tendered to him at the, time of the service of the subpcena.
SEC. 35. And be itfurther enacted, That no appeal shall be allowed Appeal from de-
to the Attorney General from the decisions of the examiners, except in c.. a er sof" the ex-
interference cases, until after the application shall have been twice 'i
rejected ; and the second examination of the application by the primary Seond r=ni-
examiner shall not be had until the applicant, in view of the references natino.
given on the first rejection, shall have renewed the oath of invention as
provided for in this act.
SEc. 36. And be it further enactcd, That the salary of the commis- FaInries of com-
sioner of patents, from and after the passage of this act, shall be three missioner, clerks
thousand dollars per annum; that of the chief clerk eighteen hundred and examiners.
dollars per. annum ; that of each examiner of patents two thousand dol-
lars per annum; and that of each regularly employed record or other
clerk, one thousand dollars per annum.
SFC. 37. And be itfurther enacted, That the commissioner of patents
10
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PROVISIONAL CONGRESS. SESS. II. Cii. 46. 1861.
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-ROVISIONAL CONGRESS. SEES. II. Cia. 46. 1831.
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148 PROVISIONAL CONGRESS. SESS. II. CH. 46. 1861.
be paid ,y 1,aten- paid to the commissioner, by the patentee or assignee of such patent, a
if not paid, pat- fee of ten dollars, and the same amount at the expiration of seven years;
t-nt deemed aban- and if such fees arc not so paid, such patent shall be deemed abandoned,
doned. and shall be null and void.
Patent fund ap- SEC. 48. And be it further enaced. That all moneys received by the
propriated for pay- commissioner under this act shall be( by him paid into the treasury, and
maent of expenses s c u
of the patent office shall constitute a fund for thelayo ,nt of the salaries of officers and
clerks herein provided for, and all other exrcnses of' the patent office.
and to be called a patent fund.
Patents issued SEC. 49. And be it further enetced, That all patents heretofore granted
bythe
Ciane inU.force.
S. to con- and issued by the United States to any person or persons now a citizen
or ,.itizens of either of the States of this Confederacy, or of the States
of Tennessee, Arkansas, and North Carolina, or now held by assignment
by any such citizen or citizens, shall continue in force for the term for
which they were issued yet unexpired, and if assigned in part only to
any citizen of this Confederacy, or of the States aforesaid, shall continue
Proviso. in force for such part: Provided, Said assignment was borta fide made
prior to the fourth day of February, one thousand eight, hundred and
Further proviso. sixty-one : Provided,.further, Nothing contained in this act shall he con-
strued to fecognize any renewal or extension of a patent by the United
Further proviso. States, heretofore made : Providedfurther, That patents or the deed of
assignment therefor provided for in this section, shall be recorded in the
patent office of the Confederate States, and there also shall be deposited
in said office such models or descriptive drawings as may be necessary to
identify and explain the subject matter of said patents ; and all persons
claiming the benefit of this section shall pay to the commissioner of
patents the sum of twenty dollars for the use of the patent fund ; unless
such patents atre so filed for record, with such drawings or models as
aforesaid, within nine months from the date of publication of this act,
they shall be considered as abandoned, and shall be,null and void. And
it shall be the duty of the commissioner to endorse on each patent so
filed for record the date of such filing, and also a certificate under the
seal of his office that said patent has been recorded, which certificate
shall be evidence of the fhct in any court of justice, whether of the
State or of the Confederacy, and of the rights of the owner thereof to
use said patent ; and such patents shall, after they are recorded, be re-
turned to the owner thereof.
Where slave is SEC. 50. And be it furtlvr enacted, That in case the original inven-
inventor, &c., bis tor or discoverer of the art, machine or improvement for which a patent
master may obtain .
patent for his in- IS solicited is a slave, the master of such slave may take an oath that
ventitn. the said slave was the original inventor ; and on complying with the re-
quisites of the law, shall receive a patent for said discovery or invention,
and have all the rights to which a patentee is entitled by law.
Effect of patents SEc. 51. And be it further enacted, That all patents issued by the
itued by U. S. tgovernment of the United States, in favor of citizens or subjects of for-
citizens of forcign tote fsal av.h
countries. cigan countries, prior to the eighth day of February last, shall have the
same force and effect in these Confederate States as if issued under the
Proviso. authority of these States : Provided, That this section shall not take
effect in favor of any alien enemy, holder or assignee of any such patent
as aforesaid.
Commencement SEC. 52. And be it further enacted, That this act shall take effect and
of act, be in force from and after its passage.
APPROVED May 21, 1861.
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PROVISIONAL CONGRESS. SESS. II. Cu. 47, 48, 49. 1861. 149
CHaP. XLVII.-An Act to establish the judicial cvnrta of tMe Confederate States of May 21, 1861.
America, in the State of Virginia.
The Conqress of the Confederate States of America do enact, That Two judicial dis-
the State of Virginia shall constitute two judicial districts, the territo- tricts established
rial boundaries of which shall be the same as those existing by force of in Virginia.
the laws of the United States, when the said State of Virginia seceded
from the United States, and shall be known and designated as the east-
ern and western judicial districts of the Confederate States of America,
in Virginia.
SEC. 2. Be itfurther enacted, That a judge and mharshal and attorney Judge, marshal
shall be appointed by the President of the Confederate States for each and attorney for
t.- t each district.
of said districts ; and that the jurisdiction exercised by the said dist rict jurisdiction of
courts and the judges thereof shall be the same in all respects as that ti,, court.
exercised by the other district courts of the Confederate States and the
judges of such courts, respectively ; and that the said courts shall in
all respects be subject to the provisions ot the act entitled " An act to
establish the judicial courts of the Confederate States of America."
APPROVED May 21, 18131
CHAP. XLVIII.-An Act to prescribe the mnode of pullishing the laws and treaties of tLe May 21, 1861.
Confederate States.
CHAP. XLIX.-n Act to preecribe tie salary of the private secretary of the President May 21, 18fl.
of the Confederate States.
The Congress of the Confederate States [of America] do enact, That Salary of Presi-
from and after the passage of this act, the salary of the private secre- dent's private seo-
•
tary of the President of the Confederate States shall be at the rate ofreary
fifteen hundred dollars per annum.
SEc. 2. All laws and parts of laws militating against this act, be and lc.ealingecause.
the same are hereby repealed.
APPROVED May 21, 1861.
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150 PROVISIONAL CONGRESS. SESS. II. Cn. 50, 51. 1861.
May 21, I5P!. CnAr. L.-An Ae' to amnod ,n act clit,"d' An o rccogq44hn0 the exi~iene f war be-
trcen the ,,itc, Nt . d tIe tjni.;>':, r'tc States, aid eonecring b:ttes of ma rque,
prizcs ant! prize y-, u onred J1,': i, wit,
n thousand eight hun ved lnd 8ixciZ-wne."
May 21, 1W6. CHAP. LI.-An Act to iro,,ide for the pay of additional offieers, non-coin in iined offl-
c re innc a718 anld privates of the mar ne c,,rjis, to eonstitnfe a regilt,ent, and for the
addi iona, eitthing and sbs intence of the ii n-commssioved ole, ,s. vz8icins and
private.Y,for the year e.dinj February the eighteenth, eightten hAn,.drd tand sixty-tco.
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