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(cover) By Authority. The Statutes at Large of the Confederate States of America, Passed at the Fourth Session of the First Congress; 1863-4. Carefully Collated with the Originals at Richmond.
(first title page) Public Laws of the Confederate States of America, Passed at the Fourth Session of the First Congress; 1863-4. Carefully Collated with the Originals at Richmond.
(second title page) Private Laws of the Confederate States of America, Passed at the Fourth Session of the First Congress; 1863-4. Carefully Collated with the Originals at Richmond.
Edited by James M. Matthews
viii, 171-252, xxiii, [iii], 13-15 p.
Richmond:
R. M. Smith. Printer to Congress.
1864.
Call number 23conf (Rare Book Collection, University of North Carolina at Chapel Hill)
The electronic edition is a part of the UNC-CH digitization project, Documenting the American South.
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EDITED BY
TO BE CONTINUED ANNUALLY.
TO BE CONTINUED ANNUALLY
| Page. | Ch. | Sec. | Line. | |
| 181 | 24 | 9 | For "consigners," (in side note,) read "consignees." | |
| 184 | 27 | For "1863," (in side note,) read "1864." | ||
| 194 | 46 | For "2864," (in side note,) read "1864." | ||
| 194 | 49 | For "way," (in side note,) read "army." | ||
| 250 | Res. 43, | 1 | For "Thar," read "That." |
Passed at the fourth session, which was begun and held at the city of Richmond, in the State of Virginia, on Monday, the seventh day of December, A. D., 1863, and ended on Thursday, the eighteenth day of February, 1864.
JEFFERSON DAVIS, President. ALEXANDER H. STEPHENS, Vice-President, and President of the Senate. THOMAS S. BOCOCK, Speaker of the House of Representatives.
Dec. 28, 1863.
See ante, ch. 38, 11, p, 122.
Producers of sweet potatoes, in the year 1863 authorized to make commutation by payment of the money value of the tithe thereof, instead of payment in kind.
The Congress of the Confederate States of America do enact, That so much of section eleven of "An act to lay taxes for the common defence, and carry on the Government of the Confederate States," approved April twenty-fourth, eighteen hundred and sixty-three, as requires farmers and planters to pay one-tenth of the sweet potatoes produced in the present year to the Confederate Government, be so amended as to authorize the producers of sweet potatoes, in the year eighteen hundred and sixty-three, to make commutation by payment of the money value of the tithe thereof, instead of payment in kind, at rates to be fixed by the commissioners under the impressment act.
APPROVED December 28, 1863.
Dec. 28, 1863.
Salt pork received in commutation for the tax in hind on bacon.
The Congress of the Confederate States of America do enact, That assistant quartermasters and other agents engaged in the collection of tax in kind may be authorized, under orders and regulations made by the Secretary of War, to demand and receive, in commutation for the tax in kind on bacon, an equivalent therefor in salt pork.
APPROVED December 28, 1863.
Dec. 28, 1863.
Persons liable to military service not allowed to furnish substitutes.
The Congress of the Confederate States of America do enact, That no person liable to military service shall hereafter be permitted or allowed to furnish a substitute for such service, nor shall any substitute be received, enlisted or enrolled in the military service of the Confederate States.
APPROVED December 28, 1863.
Jan. 5, 1864.
WHEREAS, in the present circumstances of the country, it requires the aid of all who are able to bear arms; [Therefore]--
No person exempted from military service by reason of having furnished a substitute.
The Congress of the Confederate States of America do enact, That no person shall be exempted from military service by reason of his having furnished a substitute; but this act shall not be so construed as to affect persons who, though not liable to render military service, have, nevertheless, furnished substitutes.
APPROVED January 5, 1864.
Jan. 5, 1864.
Vacancies in the representation of any Indian nation in Congress, filled by special election. How election to be held and conducted.
1863, May 1.
The Congress of the Confederate States of America do enact, That whenever, by any cause, a vacancy shall occur in the representation of any Indian nation entitled to a delegate in the Confederate Congress, the same shall be filled by special election, after thirty days' notice of said election, to be held and conducted according to the provisions of an act of Congress, entitled "An act to provide certain regulations for holding elections for delegates to the Congress of the Confederate States in certain Indian nations," approved May first, eighteen hundred and sixty-three; said notice to be given by the Governor or principal chief of such nation, according to the usual mode of giving notices by such nation or nations.
When this act to take effect.
SEC. 2. That this act take effect and be in force from and after its passage.
APPROVED January 5, 1864.
Jan. 6, 1864.
(See ante, ch. 72, p. 155.)
Act of 1863, May 1, providing for the pay of non-commissioned officers, &c., on detailed or detached service, continued in force till January 1, 1865.
The Congress of the Confederate States of America do enact, That the act entitled "An act to provide for the compensation of certain persons therein named," approved May the first, eighteen hundred and sixty-three, which, by its own limitation, would expire on the first of January, eighteen hundred and sixty-four, be, and the same is hereby
continued in force until the first of January, eighteen hundred and sixty-five.
APPROVED January 6, 1864.
Jan. 8, 1864.
Appointment of a Third Auditor of the Treasury.
His duties.
Salary.
The Congress of the Confederate States of America do enact, That there shall be appointed by the President, by and with the advice and consent of the Senate, an Auditor of the Treasury for the Post-office Department, who shall be styled the Third Auditor, and who shall be charged with all the duties connected with the Post-office Department which the First Auditor is now required to perform, who shall receive for his services a salary of three thousand dollars per annum.
APPROVED January 8, 1864.
Jan. 9, 1864.
On cancellation abroad of certain bonds for $1,000,000 each, issued to the Secretary of the Navy, other bonds to be substituted.
The Congress of the Confederate States of America do enact, That the Secretary of the Treasury be, and he is hereby, authorized, upon the receipt of satisfactory evidence that the eight per centum bonds issued by him upon the requisitions of the Secretary of the Navy, dated October the eighteenth and twenty-seventh, eighteen hundred and sixty-two, for one million of dollars each, have been cancelled abroad, to substitute and deliver to the Secretary of the Navy an equal number of bonds of like character.
APPROVED January 9, 1864.
Jan. 13, 1864.
Act of 1862, Oct. 13, (see ante, ch. 47, p. 80,) increasing the pay of certain officers, &c., continued in force.
The Congress of the Confederate States of America do enact, That the provisions of an act entitled "An act to increase the pay of certain officers and employees of the Executive and Legislative Departments," approved October thirteenth, eighteen hundred and sixty-two, be, and the same are hereby, continued in force until otherwise ordered by Congress.
APPROVED January 13, 1864.
Jan. 19, 1864.
Elections for representatives in Congress for the State of Missouri.
Representatives elected to be commissioned by the Governor.
The Congress of the Confederate States of America do enact, That elections for representatives in the Congress of the Confederate States for the State of Missouri may be held as follows, until the Legislature of said State shall otherwise direct: That each voter shall be allowed to vote one ticket, containing the name of one person for each one of the seven congressional districts of said State, and the persons receiving the highest
number of votes for the representative districts, shall be commissioned as representatives by the Governor of said State.
When election to be held.
SEC. 2. Such election shall be held upon the first Monday in May next, and upon the same day of each second year thereafter during the war.
By what officers, and how conducted
SEC. 3. Such elections shall be held by the officers authorized, or persons appointed or provided by the laws of said State for the purpose of holding such elections, and shall be conducted according to the mode prescribed by the laws of said State, except so far as the same are modified by this act.
Qualification of voters.
SEC. 4. In such elections, any citizen of the Confederate States who shall be qualified to vote for a member of the most numerous branch of the State Legislature of said State, shall be entitled to vote at the place or places in said State, at which he would be entitled to vote in an election for such member of said Legislature.
When citizens allowed to vote at any place of voting in said State or in the camps of the army.
SEC. 5. But in case such citizen shall be in the military service of the Confederate States, or in case he shall be driven from his home by the occupation of his country by the public enemy, or by the movements of the enemy's troops, or in case the election cannot be held at the usual places of holding the same, by reason of such occupation or movements, then such citizen shall be allowed to vote at any place of voting in said State, or in the camps of the army, as hereinafter provided.
How election conducted when held in the camps of the army.
SEC. 6. Such elections for representatives, when held in the camps of the army, shall be conducted as follows: In every army corps, division, or command, the colonel of each regiment, or other officer in command of any less body on detached service, shall appoint two judges and three clerks to open and hold such election, who shall hold the same and make out the poll-books and returns, under the same rules and regulations, as far as practicable, as if the same were opened and held at the usual places of holding the same in said State, and shall allow all persons entitled, to vote therein.
Returns of such elections in camps.
SEC. 7. The returns of such elections in camps shall be forwarded by the several commanding officers, appointing the judges and clerks as aforesaid, to the highest officer in grade, and the senior of the grade from said State, for which the same is held in the encampment or army, in which the same is held, whose duty it shall be, at once, to forward the same to the Governor of the State, or the same may be, if more convenient, forwarded by such commanding officer directly to the Governor.
When elections in camps may be held.
SEC. 8. In case the exigencies of the public service prevent the holding of the elections in any camp under this act, at the time provided by law, the same may be held at any time within ten days after the preventing cause may cease; the time for holding the same to be fixed by the officer authorized to appoint the judges and clerks.
Oaths of judges and clerks, by whom administered.
SEC. 9. Such officer shall be authorized to administer the proper oaths to the judges and clerks, or they may administer the same to each other.
Oath of persons concerned in holding such election.
SEC. 10. Every person concerned in holding such election shall take an oath to support the Constitution of the Confederate States, and to discharge his duty, in holding such election, faithfully and impartially.
APPROVED January 19, 1864.
Jan. 22, 1864.
Procuring, aiding and assisting persons to desert from the army.
Concealing or harboring deserters.
Purchasing from a soldier his arms, &c., or property belonging to the C. S., or any officer or soldier.
Penalty.
The Congress of the Confederate States of America do enact, That every person not subject to the rules and articles of war, who shall procure
or entice a soldier or person enrolled for service in the army of the Confederate States to desert; or who shall aid or assist any deserter from the army, or any person enrolled for service, to evade their proper commanders, or to prevent their arrest to be returned to the service; or who shall knowingly conceal or harbor any such deserter; or shall purchase from any soldier or person enrolled for service any portion of his arms, equipments, rations or clothing, or any property belonging to the Confederate States or any officer or soldier of the Confederate States, shall, upon conviction before the District Court of the Confederate States, having jurisdiction of the offence, be fined not exceeding one thousand dollars, and be imprisoned not exceeding two years.
APPROVED January 22, 1864.
Jan. 22, 1864.
Preamble.
WHEREAS, by the forty-fifth article of the treaty between the Confederate States of America and the Cherokee Nation, the said Confederate States promised to collect and pay over to the Cherokee Nation the annual interest upon the several sums of money invested by said nation in stocks of certain States of the Confederate States; and whereas, by reason of the war with the United States, it is impracticable to make such collection; and whereas, there is good reason to believe that the citizens of said nation are greatly in need of the money thus due them: Therefore,
Appropriation of $100,000 for the Cherokee Nation.
The Congress of the Confederate States of America do enact, That the sum of one hundred thousand dollars be, and the same is hereby, appropriated out of any money in the treasury, not otherwise appropriated, for the use and benefit of the Cherokee Nation.
Bureau of Indian Affairs to forward the money.
SEC. 2. The said sum of money shall be forwarded without delay by the Bureau of Indian Affairs to the proper representatives of the Cherokee Nation.
Cherokee Nation to return the same, or the C. S. to be reimbursed out of the interest on certain stocks.
SEC. 3. It is hereby expressly understood that said one hundred thousand dollars is to be returned by the said Cherokee Nation when peace shall be ratified between the United and Confederate States, or that the said Confederate States shall be reimbursed out of the interest on said stocks which may then be due and collected.
APPROVED January 22, 1864.
Jan. 22, 1864.
Chaplains in the army entitled to forage for one horse.
Proviso.
The Congress of the Confederate States of America do enact, That chaplains in the army, in actual service in the field, shall be entitled to draw forage for one horse: Provided, The chaplain has a horse in his use.
APPROVED January 22, 1864.
Appointment of agent of the Treasury Department, west of the Mississippi.
Salary.
The Congress of the Confederate States of America do enact, That the President shall, by and with the advice and consent of the Senate, appoint an agent of the Treasury Department, whose duty it shall be to reside west of the Mississippi, at such place, and to discharge such duties, as shall, from time to time, be assigned him by the Secretary of the Treasury, with a salary of three thousand dollars per annum, payable quarterly, in advance.
Duties.
Clerks.
Regulations for the Government of agent and clerks.
Salaries of clerks.
SEC. 2. The Secretary of the Treasury shall have power to give direction to the said agent to discharge any duty or function on the other side of the Mississippi which he, the said Secretary, is competent to discharge; and shall also have power to authorize the employment of such clerks, and to prescribe such regulations for the government of such agent and clerks as, from time to time, the said Secretary may deem proper: Provided, That such clerks shall receive the salaries provided by law for similar services in the Treasury Department.
When this act to expire.
SEC. 3. That this act shall expire on the day of the ratification of a treaty of peace between the Confederate States and the United States of America.
APPROVED January 27, 1864.
Jan. 30, 1864.
Act of Aug. 30, 1861, §1, requiring the Attorney General to report to Congress claims against C. S., repealed.
The Congress of the Confederate States of America do enact, That so much of the first section of said act as requires the Attorney General to report to Congress upon said claims be, and the same is hereby, repealed.
APPROVED January 30, 1864.
Jan. 30, 1864.
Salaries of civil officers and employees in the President's office and in the Executive and Legislative Departments at Richmond, increased.
Proviso.
The Congress of the Confederate States of America do enact, That the salaries and compensation of all civil officers and employees in the President's office, and in the Executive and Legislative Departments, at Richmond, whose compensation or salaries do not exceed the sum of two thousand dollars per annum, shall be increased from the passage of this act to the fifteenth of May, eighteen hundred and sixty-four, at the rate of one hundred per cent. per annum: Provided, The same shall not thereby be increased beyond the rate of three thousand dollars per annum; and the salaries of all said officers whose compensation is above two thousand dollars, and does not exceed the sum of three thousand dollars per annum, shall, for the same period of time, be increased at the rate of fifty per cent. per annum; but it is hereby expressly declared that the increased compensation provided for in this act, shall not be paid to any officer or employee in any executive department of the Government, who is liable to perform military duty, or is able to bear arms in the field, unless such officer or employee shall first obtain a certificate from the head of the department in which he is engaged, that his services are absolutely necessary to the Government, and that his place
cannot be supplied by any one known to the head of the department who is not subject to military duty, which said certificate shall be field with the Secretary of the Treasury before the money is paid; and it shall be the duty of the said Secretary, at the beginning of each session, to communicate a list of all such certificates to Congress: Provided, That no clerk who, by virtue of a military commission, receives rations or commutation of rations, shall be entitled to the benefit this act.
APPROVED January 30, 1864.
Jan. 30, 1864.
Tax in kind on tobacco to be collected by agents.
Tax assessors to transfer their estimates to the agents, and copy of estimates to Produce Loan office.
The Congress of the Confederate States of America do enact, That the tax in kind of one-tenth imposed by said act upon all tobacco grown in the Confederate States, instead of being collected by the post quartermaster, shall be collected by the agents appointed by the Secretary of the Treasury to collect and preserve tobacco, and the tax assessors shall transfer their estimates of the tobacco, due from each planter or farmer, specifying both quantity and quality, to the said agents or their duly authorized sub-agents, taking their receipts therefor, and shall also transmit a copy of these estimates to the Chief of the Produce Loan office; and when said tobacco shall have been collected, the said agents shall be liable for its safe custody.
When and where tithe of tobacco to be delivered, and in what order.
Prizing depots to be established.
SEC. 2. That each farmer and planter, not earlier than the first day of June, nor later than the fifteenth day of July, shall deliver his tithe of tobacco in prizing order, put up in convenient parcels for transportation, at the nearest prizing depot, of which there shall be not less than one established in each county by the agents for the collection and preservation of tobacco, where the said tobacco shall be prized and securely packed in hogsheads or other packages, suitable for market, by said agents.
Statement required of different qualities of tobacco.
Assessment and delivery of one-tenth thereof.
SEC. 4. That the tax assessor shall require a statement from each farmer or planter as to the different qualities of tobacco raised by him, and shall assess, as due the Confederate States, one-tenth of each of said qualities, which shall be stated separately in his estimates, and shall be delivered separately by the farmer or planter at the prizing depots.
Acts repealed.
SEC. 4. All acts and parts of acts, inconsistent with the foregoing, are hereby repealed.
APPROVED January 30, 1864.
Jan. 30, 1864.
Acts of May 1, 1863, (see ante. p. 160, ch. 83,) in relation to the receipt of counterfeit treasury notes by public officers, extended to Jan. 1, 1864.
The Congress of the Confederate States of America do enact, That the provisions of an act entitled "An Act in relation to the receipt of Counterfeit Treasury Notes by public officers," approved May first, one thousand eight hundred and sixty-three, be, and the same are hereby extended, so as to embrace all counterfeit treasury notes received by the public officers mentioned in said act, prior to the first day of January, in the year eighteen hundred and sixty-four.
APPROVED January 30, 1864.
Jan. 30, 1864.
Salary and allowances of the master armorer of the C. S. Armory, Richmond.
The Congress of the Confederate States of America do enact, That the Master Armorer of the Confederate States Armory at Richmond, Virginia, shall hereafter receive a salary of three thousand dollars per annum from the time of the passage of this act, with allowances for quarters and fuel, of a captain of infantry.
APPROVED January 30, 1864.
Feb. 3, 1864.
Next regular session of Congress to be on the first Monday in May, 1864.
The Congress of the Confederate States of America do enact, That the Congress of the Confederate States of America, for its next regular session, shall assemble the first Monday in May, Anno Domini, eighteen hundred and sixty-four, and not the first Monday of December, eighteen hundred and sixty-four.
APPROVED February 3, 1864.
Feb. 3, 1864.
President may assign judges from one military court to another.
The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized, at any time, to assign judges from one military court to another, as, in his judgment, the service may require.
Act to take effect from its passage.
SEC. 2. Be it further enacted, That this act take effect and be in force from and after its passage.
APPROVED February 3, 1864.
Feb. 3, 1864.
Treasury note bureau to be organized.
The Congress of the Confederate States of America do enact, That another bureau shall be organized in the Treasury Department, to be known as the Treasury Note Bureau, which shall have charge of the engraving, printing and preparing of treasury notes and bonds, and of every thing incidental thereto.
Appointment of chief of bureau.
Salary.
Duties.
SEC. 2. A chief of the said bureau shall be appointed by the President, by and with the advice and consent of the Senate, with the same salary as the other heads of bureaus in the said Department, whose duty it shall be to provide the materials necessary for every issue of notes or bonds, and to cause the said notes and bonds to be engraved, printed and prepared for issue, and to superintend and have in charge all the clerks employed in and about the said bureau, under the direction and control of the Secretary of the Treasury.
Chief clerks.
Messengers and clerks.
Their salaries.
SEC. 3. The Secretary of the Treasury may appoint a chief clerk of the said bureau, to reside at Columbia during such time as the engraving and printing may be conducted there, and another chief clerk at Richmond; also, two messengers and as many clerks, male and female, as may be necessary to conduct the business of the bureau. The chief clerk at Columbia
shall receive a salary of twenty-five hundred dollars per annum, payable quarterly, and the other clerks and the messengers shall receive the same salaries as are provided by law for the clerks of the same grade at Richmond.
Regulations for gsvernment of bureau.
SEC. 4. The Secretary of the Treasury shall establish regulations for the government and management of the said bureau and for securing such safeguards against counterfeit notes, bonds or coupons, as he may deem expedient.
APPROVED February 3, 1864.
Feb. 6, 1864.
The importation of certain articles specified in schedule A and B of the act of May 21, 1861,
The Congress of the Confederate States of America do enact, That from and after the first day of March next it shall not be lawful to import into the Confederate States any brandy, wines, or other spirits, or any other article specified in schedule A of an act entitled "An act to provide revenue from commodities imported from foreign countries," approved May twenty-first, eighteen hundred and sixty-one, or any goods, wares or merchandise, enumerated in schedule B of said act, except the following articles: All things for medicinal purposes, camphor refined, pickles, molasses, pepper, pimento, cloves, nutmegs, cinnamon, and all other spices; soap, castile, Windsor, and all other toilet soaps; sugar of all kinds; syrup of sugar; galloons, laces, knots, stars, tassels, tresses and wings of gold and silver, or imitations thereof, intended for uniforms of officers in the military or naval service.
and in schedule C,
SEC. 2. And it shall not be lawful to import the following articles, enumerated in schedule C of said act: Beer, ale and porter; muffs and tippets, and all other manufactures of fur, or of which fur shall be a component part, except caps and hats; carpets, carpetings, hearth rugs, bedsides and other portions of carpeting of any kind or description; carriages and parts of carriages; cider and other beverages not containing alcohol; clocks and parts of clocks; cotton laces, cotton insertings, cotton trimmings, or laces of thread or other material; coral, manufactured; dolls and toys of all kinds; fire-crackers, sky-rockets, Roman candles and all similar articles used in pyrotechnics; furniture, cabinet and household; glass, colored, stained or painted; India matting of all sorts; jet and manufactures of jet, and imitations thereof; jewelry, or imitations thereof; manufactures and articles of marble, marble paving tiles, slabs or blocks, and all other marble; matting, China or other floor matting and mats made of flags, jute or grass; paper hangings, paper for walls, and paper for screens or fire-boards; paving and roofing tiles and bricks, and roofing slates and fire-bricks; thread lacings and insertings; velvets of all kinds.
and D and E of the said act, prohibited.
SEC. 3. And it shall not be lawful to import the following articles, enumerated in schedule D of said act: Angora, Thibet and other goats' hair, or mohair, unmanufactured; bananas, cocoa nuts, plaintains and oranges; cabinets of coins, medals, gems and collections of antiquities; diamonds, mosaics, gems, pearls, rubies, and other precious stones and imitations thereof, set in gold or silver or other metals; engravings bound or unbound; rattans and reeds; paintings and statuary; leaf and unmanufactured tobacco and cigars; or the following articles enumerated in schedule E: diamonds, cameos, mosaics, pearls, gems, rubies and other precious stones and imitations thereof, when not set.
Manufactures of metal designed as ornaments, not admitted.
Secretary of Treasury to prescribe maximum forelgn prices at and within which importations of goods made of cotton, flax, wool, &c., may be made.
Proviso.
Further proviso.
Further proviso.
SEC. 4. None of the manufactures of metal, designed as either household
hold or personal ornaments, shall be admitted; and in order to confine importations to articles of necessity and of common use, the Secretary of the Treasury shall prescribe the maximum foreign prices at which and within which importations of goods manufactured wholly or partly of cotton, flax, wool, or of silk, and designed for wearing apparel, and not herein prohibited, may be made, and beyond which importations thereof shall not be made: Provided, That articles herein allowed to be imported shall not be impressed by the Government or its agents after they have reached the Confederate States: Provided further, That nothing herein contained shall be construed to prohibit any importation for the use or account of the Confederate States, or either of them: Provided further, That this act shall not apply to any article or articles which have been or shall be shipped without knowledge of the passage of this act, before the first day of March next, but which shall arrive in a Confederate port after that day.
Articles imported in violation of this act, and the ship, vessel, &c., in which imported, forfeited.
Owner to forfeit and pay double the value of such articles.
SEC. 5. That whenever any article or articles, the importation of which is prohibited by this act, shall, after the first day of March next, be imported into the Confederate States, contrary to the true intent and meaning of this act, or shall, after said first day of March next, be put on board any ship or vessel, boat, raft or carriage, with the intention of importing the same into the Confederate States, all such articles, as well as all other articles on board the same ship or vessel, boat, raft or carriage, belonging to the owner of such prohibited articles, shall be forfeited, and the owner thereof shall, moreover, forfeit and pay double the value of such articles.
Penalty for importing or landing any of the articles prohibited omitted in the manifest or entry, or without permit.
SEC. 6. If any article or articles, the importation of which is prohibited by this act, shall, nevertheless, be on board any ship or vessel, boat, raft or carriage, arriving after said first day of March next in the Confederate States, and shall be omitted in the manifest, report or entry of the master, or the person having the charge or command of such ship or vessel, boat, raft or carriage, or shall be omitted in the entry of the goods owned by the owner, or consigned to the consignee of such articles, or shall be imported or landed, or attempted to be imported or landed, without a permit, the same penalties, fines and forfeitures shall be incurred, and may be recovered as in the case of similar omission or omissions, landing, importation, or attempt to land or import, in relation to articles liable to duties on their importation into the Confederate States.
Offices of the customs may seize goods imported contrary to this act.
Penalty for concealing or buying any such goods.
SEC. 7. Every collector, naval officer, surveyor, or other officer of the customs, shall have the like power and authority to seize goods, wares and merchandise imported contrary to the intent and meaning of this act, to keep the same in custody until it shall have been ascertained whether the same have been forfeited or not, and to enter any ship or vessel, dwelling-house, store, building or other place, for the purpose of searching for and seizing any such goods, wares and merchandise which he or they now have by law, in relation to goods, wares and merchandize, subject to duty; and if any person or persons shall conceal or buy any goods, wares or merchandize, knowing them to be liable to seizure by this act, such person or persons shall, on conviction thereof, forfeit and pay a sum double the amount or value of the goods, wares and merchandise so concealed or purchased.
Additional oath required of masters of vessels.
SEC. 8. The following additional oath or affirmation shall be taken by masters or persons having charge or command of any ship or vessel arriving at any port of the Confederate States after said first day of March next, viz: "I further swear (or affirm) that there are not, to the best of my knowledge and belief, on board [insert the denomination and name of the vessel] any goods, wares or merchandise, the importation of which into the Confederate States is prohibited by law; and I do further swear (or affirm) that if I shall hereafter discover or know of any such goods, wares or merchandise, on board of the said vessel, or which shall have been
imported in the same, I will immediately, and without delay, make due report thereof to the collector of the port of this district."
Additional oath required of importers, consignors or agents.
SEC. 9. After said first day of March next, importers, consignees or agents, at the time of entering goods into the Confederate States, shall take the following additional oath, viz: "I also swear (or affirm) that there are not, to the best of my knowledge and belief, amongst the said goods, wares or merchandise, imported or consigned as aforesaid, any goods, wares or merchandise, the importation of which into the Confederate States is prohibited by law; and I do further swear (or affirm) that if I shall hereafter discover any such goods, wares or merchandise, among the said goods, wares and merchandise imported or consigned as aforesaid, I will immediately and without delay report the same to the collector of this district."
Penalties and forfeitures, how sued for and recovered; how mitigated and remitted.
SEC. 10. All penalties and forfeitures arising under this act, may be sued for and recovered, and shall be distributed and accounted for, in the manner prescribed by the act entitled "An act to regulate the collection of the duties on imports and tonnage;" and such penalties and forfeitures may be examined, mitigated or remitted, in like manner and under the like conditions, regulations and restrictions as are prescribed, authorized and directed, by the act entitled, "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned."
When this act to expire.
SEC. 11. That this act shall expire on the day of the ratification of a treaty of peace with the United States.
APPROVED February 6, 1864.
Feb. 6, 1864.
Preamble.
WHEREAS, the Confederate States are engaged in a war, upon the successful issue of which depend the integrity of their social system, the form of their civilization, the security of life and property within their limits as well as their existence as sovereign and independent States: And whereas, the condition of the contest demands that they should call into requisition whatever resources of men and money they have, for the support of their cause, and to faithfully administer the same: Therefore as a part of the system of the public defence--
Exportation of cotton, tobacco, &c., prohibited.
The Congress of the Confederate Statee of America do enact, That the exportation of cotton, tobacco, military and naval stores, sugar, molasses and rice from the Confederate States, and from all places in the occupation of their troops, is prohibited, except under such uniform regulations as shall be made by the President of the Confederate States.
Penalty.
SEC. 2. That if any person or persons shall put, place or load, on board any ship, steamboat, or vessel, or any other water craft, or into any wagon, cart, carriage, or other vehicle for conveyance or transportation beyond the Confederate States, or into any portion of the said States occupied by the enemy, any of the articles mentioned in the first section of this act, or shall collect the same for the purpose of being conveyed or transported, contrary to the prohibition aforesaid, within the Confederate States or beyond them, the said articles, and the ship, boat, or other water craft, wagon, cart, carriage, or other vehicle, with the slaves and animals that may be employed or collected for the purpose of aiding therein, shall be forfeited, and all persons, their aiders and abettors, on conviction of being interested or concerned in the enterprise, shall be deemed to be guilty of a high misdemeanor, and punishable by such fine or imprisonment, or both, as the court may impose.
Permit required before putting on board any ship, vessel, &c., any of the articles prohibited.
Bond.
SEC. 3. That it shall not be lawful to put on board any ship, boat, vessel or other water craft, or upon any wagon, cart, carriage, or other vehicle for transportation or conveyance as aforesaid, any of the articles aforesaid, unless a permit be previously obtained from some officer of the Confederate States, specially authorized to grant the same, particularly describing the articles thus to be laden, and the ship, boat, vessel, water craft, wagon, carriage, cart, or other vehicle, on which the same is to be transported, and until bond shall be given that the same shall be conveyed and transported to the place of destination, under such conditions and regulations, and for such objects as shall be prescribed by the President under the first section of this act.
Power given to collectors and other officers to take any of the articles in their custody.
Not to permit the same to be removed until bond shall be given.
SEC. 4. That the collectors of all the districts of the Confederate States, and such other officers as may be designated by the President of the Confederate States, shall have power and authority to take into their custody any of the articles before mentioned, found on any ship, boat, or other water craft, when there is reason to believe that they are intended for exportation, or when in vessels, carts, or wagons or any other carriage or vehicle whatsoever, or, in any manner, apparently on their way towards the territories of a foreign nation, or towards the territory of the Confederate States in the occupancy of the United States, or the vicinity thereof, or towards a place whence such articles are intended to be exported, and not to permit the same to be removed until bond shall be given, with satisfactory sureties, that no violation of this act, and the regulations under the same, is intended.
Powers given to revenue and other officers, to be exercised in conformity with instructions.
In actions against officers or their agents, they may plead the general issue.
When absolved from responsibility
Redress given to persons aggrieved.
The C. S. may export any of the articles enumerated.
SEC. 5. That the powers granted by this act to the revenue or other officers of the Confederate States under this act to allow or refuse exportation of the articles before mentioned, or for the seizure or detention of any of the said articles, shall be exercised in conformity with such instructions as the President may give through the Departments of War and of the Treasury, which instructions may impose conditions to the destination and sale of the same, and the investment of the proceeds of the same, or a portion thereof, in military or other supplies for the public service, which instructions such officers shall be bound to obey; and if any action or suit shall be brought against any such officer or officers, or their agents, he or they may plead the general issue, and upon proof of a compliance with the provisions of this act, or of the regulations and instructions of the President, he or they shall be absolved from all responsibility therefor; and any person aggrieved by any of the acts of any of the officers or agents aforesaid, may file his petition before the district court of the district in which such officer or agent resides, and after due notice to him, and to the district attorney, the said court may proceed summarily to hear and determine thereupon as law and justice may require, and the judgment of the said court, and the reasons therefor, shall be filed among the records of the court. And in case any release shall be granted, the judge may impose such conditions as to giving bond and security as may, in his opinion, be necessary to secure this act from violation, and in case of refusal, may impose double or treble costs upon the petitioner, if the circumstances warrant it: Provided, That nothing in this act shall be construed to prohibit the Confederate States, or any of them, from exporting any of the articles herein enumerated, on their own account.
Exclusive jurisdiction conferred upon the district court of all actions that may arise under this act for the recovery of fines, forfeitures and penalties.
SEC. 6. That exclusive jurisdiction is conferred upon the district courts of the Confederate States, of all suits or actions that may arise under this act in behalf of the Confederate States, its officers and agents, for the recovery of all fines, penalties and forfeitures, imposed in the same, by indictment, information or action, according to the practice of the court, and the distribution of the penalties and fines shall be made, under and according
to the laws now in force for violation of the revenue acts; and all laws for the mitigation and remittance of penalties and forfeitures, shall be applied in similar cases.
President may employ military or naval force to prevent violations of this act.
SEC. 7. That it shall be lawful for the President, or such officers as he may designate, to employ any portion of the military or naval forces of the Confederacy, or of the militia, to prevent the illegal departure of any ship, vessel or other water craft, or for detaining, taking possession of, and keeping in custody the same, or any wagon, cart, or other vehicle hereinbefore mentioned, their teams and drivers, and their products aforesaid, and to suppress and disperse any assembly of persons who may resist the execution of this act, or oppose the fulfillment, by the officers, of the duties imposed by the same.
When this act to expire.
SEC. 8. That this act shall expire on the day of the ratification of a treaty of peace with the United States.
APPROVED February 6, 1864.
Feb. 6, 1864.
Dealing in the paper currency of the United States prohibited.
Proviso.
The Congress of the Confederate States of America do enact, That no broker, banker, or dealer in exchange, or person concerned in trade as a merchant, or vender of merchandise of any description, or any other person, except within the lines of the enemy, shall buy, sell, take, circulate, or in any manner trade in any paper currency of the United States: Provided, That the purchase of postage stamps shall not be considered a violation of this act.
Prosecution of offender.
Forfeiture, fine and imprisonment.
Judges to give this act specially in charge to grand juries.
SEC. 2. That any person violating the provisions of this act shall be subject to indictment and prosecution in the Confederate Court holden for the district in which the offence was committed, and shall, upon conviction, forfeit the amount so bought, sold, circulated or used, or a sum equal thereto; and shall be, moreover, subject to a fine of not more than twenty thousand dollars nor less than five hundred, and be imprisoned not less than three months, nor more than three years, at the discretion of said court; and it shall be the duty of the judges of the several Confederate Courts to give this act specially in charge to the grand jury.
Act not to apply to persons acting in behalf of Gov't.
SEC. 3. That this act shall not be construed to apply to any person acting in behalf of the Government of the Confederate States, by special authority from the President, or any of the heads of Departments.
APPROVED February 6, 1864.
Feb. 6, 1864.
Detail of field officers as members of military courts.
The Congress of the Confederate States of America do enact, That commanders of corps and departments be, and they are hereby, authorized to detail field officers as members of military courts, whenever any of the judges of said courts shall be disqualified by consanguinity or affinity, or unable, from sickness or other unavoidable cause, to attend said courts.
APPROVED February 6, 1864.
Feb. 10, 1863.
Appointment of agent of the Post-Office Department.
Where to keep his office.
Salary.
The Congress of the Confederate States of America do enact, That there shall be appointed by the President, by and with the advice and consent of the Senate, an agent of the Post-Office Department, who shall keep his office at such place in the States west of the Mississippi river as shall be designated by the Postmaster General, who shall receive for his services a salary of four thousand dollars per annum.
His powers and duties.
Transfer of funds from the office of the agent of Treas. Dept. west of Miss. river, to postmasters.
Funds transferred subject to draft of agent of Post-Office Department.
Proviso.
SEC. 2. That said agent of the Post-Office Department shall be vested by the Postmaster General, and if necessary, by the President, from time to time, with such powers, and charged with such duties, as will enable him to suspend postmasters and agents of the department, and employ others to serve for the time being, and to instruct them; make new contracts, or annual existing contracts, for carrying the mails as authorized by law; receive the returns of postmasters and contractors, and the reports of agents; make preliminary settlements with contractors and others in the postal service, and make to them partial or full payments, according to his instructions; and to draw collection orders or drafts on postmasters for this purpose; distribute postage stamps, post-office blanks, wrapping paper, &c., and to perform generally all such duties as may be required of him in conformity with law to keep up the postal service in that portion of the Confederacy which lies west of the Mississippi river; and the Postmaster General is hereby authorized to order the transfer from the office of the agent of the Treasury Department west of said river, with whom funds belonging to the Post-Office Department may be deposited, to such postmasters as he may designate, and the funds so transferred shall be subject to the draft of the agent of the Post-Office Department for the payment of the liability of the Department: Provided, That all his acts shall be subject to the final revision and approval of the Postmaster General, and of the proper accounting officers of the Treasury, and, when necessary, to the approval of the President.
P. M. Gen'l may appoint additional clerks.
Their compensation.
SEC. 3. That the Postmaster General be authorized to assign or appoint such number of clerks as be necessary to enable him to perform these duties, whose compensation shall not exceed that of the other clerks of a similar grade employed in the Post-Office Department.
To make rules to carry this act into effect.
SEC. 4. That the Postmaster General be, and he is hereby authorized, to make all needful rules and regulations to carry into effect the provisions of this act.
When this act to expire.
SEC. 5. That this act shall expire on the day of a ratification of a treaty of peace between the Confederate States and the United States of America.
APPROVED February 10, 1864.
Feb. 11, 1864.
See ante ch. 14.
Salary of agent of Treasury Dept. west of the Miss.
The Congress of the Confederate States of America do enact, That the salary of said agent of the Treasury Department shall be four thousand dollars per annum.
APPROVED February 11, 1864.
Feb. 11, 1864.
Compensation of officers and privates who may have performed staff duty.
Proviso.
The Congress of the Confederate States of America do enact, That when any officer or private of any legally constituted military organization may have heretofore, by order of his proper superior officer, performed any staff duty appropriate to such command, he shall be entitled to receive pay for the time he was so engaged in the discharge of such duties: Provided, That there was not then present fit for duty any officer duly appointed for the discharge of the same.
APPROVED February 11, 1864.
Feb. 11, 1864.
See ante, ch. 33, p. 111-113.
When President may issue commissions and warrants to applicants for service in the volunteer navy.
The Congress of the Confederate States of America do enact, That the act entitled "An Act to establish a volunteer navy," approved April 18, 1863, be so amended that the President be, and he is hereby, authorized to issue the commissions and warrants contemplated by said act, under such regulations as he may prescribe, to applicants for service in the volunteer navy, when satisfied that said applicants will furnish a suitable vessel for said service, and to receive into the volunteer navy said vessel and her officers and crew within or beyond the Confederate States.
Appointment of assist. paymasters for volunteer navy.
Monthly pay.
No person liable to military duty, to be appointed.
SEC. 2. That the President be, and he is hereby, authorized to appoint assistant paymasters for the volunteer navy, who shall receive, when on duty at sea, fifteen dollars per month. But no person under forty-five years of age, and liable to perform military duty, shall receive such appointment.
APPROVED February 11, 1864.
Feb. 11, 1864.
Secretary of the Treasury to issue certificates for the interest on the registered stock issued under the act of Feb. 28, 1861.
Certificates received in payment of export duty on cotton.
The Congress of the Confederate States of America do enact, That the Secretary of the Treasury be, and he is hereby, authorized to cause certificates to be issued, in such form as he shall devise, for the interest which has accrued, or which shall accrue, on the registered stock issued under authority of the act of February the twenty-eighth, eighteen hundred and sixty-one, entitled "An Act to raise money for the support of the Government, and to provide for the defence of the Confederate States of America." The said certificates shall be prepared and signed by the register of the treasury, in favor of the persons, respectively, in whose names the said stock shall be standing on the books of the treasury, or their order, at the designated periods, and shall be sent by him to the treasurer, assistant treasurers and depositaries located at the places where said interest is payable. The said certificates shall be countersigned by the treasurer, assistant treasurer, or depositary, by whom they shall be delivered; and shall be receiveable in payment of export duty on cotton, in the same manner as the coupons of the bonds issued under said act of February twenty-eight, eighteen hundred and sixty-one, now are.
APPROVED February 11, 1864.
Feb. 13, 1864.
Tax on cotton or other property subject to taxation in money, destroyed by order of the Government, to be remitted.
The tax, if paid, to be refunded.
Right of appeal of tax payer to Sec'y of Treasury.
The Congress of the Confederate States of America do enact, That when cotton or other property subject to taxation in money shall have [been] burned or otherwise destroyed by authority of the Government, before the expiration of the time fixed by law for the payment of the tax thereon, the tax-payer may apply to the district collector, who shall investigate the facts and make report thereof to the State collector, who may, if satisfied of such destruction by Government authority, remit the said tax. If the tax in any such case shall have been paid in advance, it shall be refunded by the State collector. The tax-payer shall in every such case have the right of appeal to the Secretary of the Treasury.
Tax in kind on crops taken or destroyed by enemy, remitted.
Proviso.
Further proviso.
SEC. 2. That in all cases where the crop out of which the tax in kind is to be paid, has been taken or destroyed by the enemy, the district collector may remit the tax, in whole or in part, according to the extent of the loss sustained by the tax-payer: Provided, That the facts in each case shall be reported to the State collector, and their remission shall not be valid until approved by him: And provided further, That in case the loss be sustained prior to assessment, the assessor, on satisfactory proof thereof, may make deduction therefor in proportion to the loss.
APPROVED February 13, 1864.
Feb. 13, 1864.
1812, Oct. 9, ch. 36, p. 71.
President authorized to establish a military court in North Alabama.
Jurisdiction.
Judges to give notice of the times and places of holding the courts.
Proviso.
The Congress of the Confederate States of America do enact, That the act entitled "An Act to organize military courts to attend the army of the Confederate States in the field, and to define the power of said courts," be so amended as to authorize the President to establish one in north Alabama, which shall sit at such times and places as said court may direct, and shall have all the powers and jurisdiction given to said military courts by said act; but the judges thereof shall give ten days' notice of the times and places of holding said courts before the same are held: Provided, however, That said court shall cease to exist after one year from the passage of this act, unless longer continued by Congress.
APPROVED Eebruary 13, 1864.
Feb. 13, 1864.
Post routes established in Ga.
In N. Carolina.
In Texas.
In Mississippi.
In South Carolina and North Carolina.
In Louisiana.
In Florida.
The Congress of the Confederate States of America do enact, That the following named post routes be, and the same are hereby, established, namely: From the town of Clarksville, by way of Blue creek and Cleaveland, to Dalonega. Also, from Athens, by way of Jug factory, in Jackson county, and G. W. Smith's store, in Walton county, to Auburn, in Gwinnette county. Also, from Douglass, in Coffee county, to Forest, in Clerich county. Also, from Dawsonville, in Dawson county, by way of Perdy's, Tyra's, Harben's and N. H. Goss', to Prince Edward. Also, from Station Number Nine, on the Atlantic and Gulf railroad, by way of Central Valley, Trader's Hill and Howardsville, to Baldwin. From Station Number Five, Atlantic and Gulf railroad, via Middletown store, Appling county, to Ocmulgee, in Coffee county--all the above routes situate in the State of Georgia. Also, the following in the State of North Carolina: From Gibsonville depot, on the North Carolina railroad, to Long's Mills, in the
county of Randolph. Also, the following in the State of Texas: From Burnet, by way of Leano, to Sansaba. Also, the following in the State of Mississippi: From Greensboro' to Starkville, in Oktibbeha county. Also, the following route in South Carolina and North Carolina, to wit: From Nichols Depot, South Carolina, via Allen's Bridge and High Hill, in South Carolina, and Holmesville and White House, to Leesville, in North Carolina. Also, the following in the State of Louisiana: From Alexandria to Niblett's Bluff, on Sabine river. Also, in the State of Florida: From Orange Lake, on the St. John's, to Sand Point, at the head of Indian river.
APPROVED February 13, 1864.
Feb. 15, 1864.
Commutation value of rations of sick and wounded and of employees in the hospitals, to be fixed.
The Congress of the Confederate States of America do enact, That the commutation value of rations of the sick and wounded, and of all employees in hospitals, be fixed at such rates, not to exceed two and a half dollars, as the Secretary of War shall designate.
APPROVED February 15, 1864.
Feb. 15, 1864.
Committee on printing to have printed for the use of Congress, 4,000 copies of Lester & Bromwell's Digest of the laws of the C. S.
The Congress of the Confederate States of America do enact, That the committee on printing be, and is hereby authorized and directed, to have printed, for the use of Congress, four thousand copies of the alphabetical and analytical digest of the laws of the Confederate States, prepared by W. W. Lester and Wm. J. Bromwell, comprising all the laws passed by the Congress of the Confederate States to the close of the present session.
Appropriation of $4,000 to Lester & Bromwell for preparing the digest.
Proviso.
SEC. 2. That the sum of four thousand dollars be, and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to compensate W. W. Lester and Wm. J. Bromwell, compilers of said digest, for preparing the same for the use of Congress: Provided, The said compilers agree to accept said sum in full of all claim against the Government for the use of said work.
APPROVED February 15, 1864.
Feb. 15, 1864.
Preamble.
WHEREAS, The Constitution of the Confederate States of America provides, in article first, section nine, paragraph three, that "the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it;" and whereas, the power of suspending the privilege of said writ, as recognized in said article first, is vested solely in the Congress, which is the exclusive judge of the necessity of such suspension; and whereas, in the opinion of the Congress, the public safety requires the suspension of said writ in the existing case of the
invasion of these States by the the armies of the United States; and whereas, the President has asked for the suspension of the writ of habeas corpus, and informed Congress of conditions of public danger which render the suspension of the writ a measure proper for the public defence, against invasion and insurrection: Now, therefore,
Writ of habeas corpus suspended.
The Congress of the Confederate States of America do enact, That during the present invasion of the Confederate States, the privilege of the writ of habeas corpus be, and the same is hereby suspended; but such suspension shall apply only to the cases of persons arrested or detained by order of the President, Secretary of War, or the general officer commanding the Trans-Mississippi Military Department, by the authority and under the control of the President. It is hereby declared that the purpose of Congress in the passage of this act is to provide more effectually for the public safety, by suspending the writ of habeas corpus in the following cases, and no others:
In what cases.
First.--Of treason, or treasonable efforts or combinations to subvert the Government of the Confederate States.
Second.--Of conspiracies to overthrow the Government, or conspiracies to resist the lawful authorities of the Confederate States.
Third.--Of combining to assist the enemy, or of communicating intelligence to the enemy, or giving him aid and comfort.
Fourth.--Of conspiracies, preparations and attempts to incite servile insurrection.
Fifth.--Of desertions or encouraging desertions, of harboring deserters, and of attempts to avoid military service: Provided, That in cases of palpable wrong and oppression by any subordinate officer, upon any party who does not legally owe military service, his superior officer shall grant prompt relief, to the oppressed party, and the subordinate shall be dismissed from office.
Sixth.--Of spies and other emissaries of the enemy.
Seventh.--Of holding correspondence or intercourse with the enemy, without necessity, and without the permission of the Confederate S