83. That there shall be added to the military establishment of the
Confederate States one regiment of Zouaves, to be composed of one
colonel, one lieutenant-colonel, one major, and ten
companies; and each company shall consist of one captain, one
first lieutenant, two second lieutenants, one sergeant-major, one
quartermaster's sergeant, four sergeants and eight corporals, and
ninety privates. And to the regiment there shall be attached one
adjutant and a quartermaster, to be selected from the lieutenants.
And one assistant surgeon shall be appointed for the regiment, in
addition to those already authorized by law for the medical
department. The monthly pay of the officers of the regiment of
Zouaves shall be the same as that of officers of infantry of the
same rank; the allowances shall also be the same as those
provided by law for officers of infantry; and the adjutant and
quartermaster shall receive ten dollars per month
in addition to their pay as lieutenants. The monthly pay of the
enlisted men of said regiment of Zouaves shall be as follows:
sergeant-major and quartermaster's sergeants, twenty dollars;
sergeants, seventeen dollars; corporals, thirteen dollars, and
privates, eleven dollars each; together with the same rations
and allowance for clothing as are received by all other enlisted
men.
I. FORCES IN SERVICE OF THE SEVERAL STATES; HOW
RECEIVED.
Feb. 28, 1861 §3, ch. 22. For not
less than twelve months, unless sooner discharged.
84. That the President be authorized to receive into the service
of this government such forces now in the service of said states
as may be tendered or who may volunteer, by consent of their
state, in such numbers as he may require, for any time not less
than twelve months, unless sooner discharged.
Ibid, §4. By companies, battalions, or regiments.
85. That such forces may be received, with their officers, by
companies, battalions, or regiments, and when so received shall
form a part of the Provisional Army of the Confederate States,
according to the terms of their enlistment; and the President shall
appoint, by and with the advice and consent of Congress, such
general officer or officers for said forces as may be necessary for
the service.
Ibid, §5. Pay and allowances.
86. That said forces, when received into the service of this
government, shall have the same pay and allowances as may be
provided by law for volunteers entering the service, or for the
Army of the Confederate States [67 to 77], and shall be subject
to the same rules and government.
April 21, 1862, ch. 73. Troops tendered by the governors of states.
87. That the President be and he is hereby authorized to accept
the services of any companies, squadrons, battalions, or
regiments which have been organized and are now in service
under the authority of any of the states of the Confederacy, and
which may be tendered by the governors of said states, with an
organization conforming to the act of March sixth, A. D. eighteen
hundred and sixty-one, "to provide for the public defence" [91,
92, 95, 96].
Page 42
II. MILITIA* AND MILITARY FORCES OF THE
CONFEDERATE
STATES, AND 100,000 VOLUNTEERS FOR TWELVE
MONTHS.
March 6, 1861, §1, ch. 26. President authorized to employ the militia, military and naval forces of the Confederate States.
Volunteers for twelve months.
88. That in order to provide speedily forces to repel invasion,
maintain the rightful possession of the Confederate States of
America in every portion of territory belonging to each state, and
to secure the public tranquillity and independence against
threatened assault, the President be and he is hereby authorized
to employ the militia, military, and naval forces of the
Confederate States of America, and to ask for and accept the
services of any number of volunteers, not exceeding one hundred
thousand, who may offer their services, either as cavalry,
mounted riflemen, artillery, or infantry, in such proportion of
these several arms as he may deem expedient, to serve for twelve
months [118] after they shall be mustered into service,
unless sooner discharged.
Ibid, §2. Militia to serve for six months.
89. That the militia, when called into service by virtue of this
act or any other act, if in the opinion of the President the public
interest requires, may be compelled to serve for a term not
exceeding six months after they shall be mustered into service,
unless sooner discharged.
Jan. 29, 1862 ch. 58. Term of militia service not to apply to men furnished by the
states for three years or the war.
90. That the act entitled "An act to provide for the public
defence," approved sixth of March, eighteen hundred and sixty-one,
be and the same is hereby so amended that the provisions of
the second section of said act [89], limiting the term for which
the militia may be called into service to a period not exceeding six
months, shall not apply to men drafted into service by the
several states, and furnished by said states to the President for
service for three years or during the war, in response to
requisitions made upon said states according to law.
March 6, 1861, §5, ch. 26. Volunteers; how accepted.
91. That the said volunteers [88], so offering their services,
may be accepted by the President in companies, squadrons,
battalions, and regiments, whose officers shall be appointed in
the manner prescribed by
* For Virginia
militia, see XXXIX, 366. See also 114, 115. For commutation
for clothing for militia, see 233.
Page 43
law in the several states to which they shall respectively belong;
but when inspected, mustered, and received into the service of
the Confederate States, said troops shall be regarded in all
respects as a part of the army of said Confederate States,
according to the terms of their respective enlistments.
Ibid, §6. Organization.
Appointment of commanding officers of brigades and divisions.
92. That the President is hereby authorized to organize
companies so tendering their services into battalions or
squadrons, battalions or squadrons into regiments, regiments
into brigades, and brigades into divisions, whenever in his
judgment such organization may be expedient; and whenever
brigades or divisions shall be organized, the President shall
appoint the commanding officers for such brigades and divisions,
subject to the confirmation of Congress, who shall hold their
offices only while such brigades and divisions are in service; and
the President shall, if necessary, apportion the staff and general
officers among the respective states from which the volunteers
shall tender their services, as he may deem proper.
Sept. 18, 1862, ch. 3. Organization amended.
Lieutenant generals.
93. That the sixth section of the act to provide for the public
defence, approved on the sixth of March, eighteen hundred and
sixty-one [92], be amended by adding after the words "brigades
into divisions," the words "and divisions into army corps," and each army corps shall be commanded by a lieutenant-general,* to be appointed by the President, by and
with the advice and consent of the
Senate, who shall receive the pay of a brigadier-general [67].
Oct. 6, 1862 ch. 26. Organization further amended.
March 6,1861, §7, ch. 26.
94. That the sixth section of an act to provide for the public
defence, approved March sixth, eighteen hundred and sixty-one
[92], be so amended as to authorize the President to organize
divisions of the Provisional Army of the Confederate States
into army corps, and, by and with the advice and consent of the
Senate, to appoint officers to the command thereof.
Pay and allowances.
Horses killed in action.
95. That whenever the militia or volunteers are called and
received into the service of the Confederate States, under the
provisions of this act, they shall have
*
Lieutenant-generals
to command military departments authorized, 372.
Page 44
the same organization, and shall have the same pay and
allowances as may be provided for the regular army [67 to 77];
and all mounted non-commissioned officers, privates, musicians,
and artificers shall be allowed forty cents per day for the use and
risk of their horses; and if any volunteer shall not keep himself
provided with a serviceable horse, such volunteer shall serve on
foot. For horses killed in action, volunteers shall be allowed
compensation according to their appraised value at the date of
muster into service.
Ibid, §8. Battalion officers.
Additional second lieutenant to each company.
Number of privates to a company.
96. That the field and staff officers of a separate battalion of
volunteers shall be one lieutenant-colonel or major, one adjutant
with the rank of lieutenant, one sergeant-major, one
quartermaster-sergeant, and a chief bugler or principal musician,
according to corps; and that each company shall be entitled to an
additional second lieutenant; and that the President may limit the
privates in any volunteer company, according to his discretion, at
from sixty-four to one hundred.
Aug. 2, 1861 §1, ch. 8. Two field-officers for each battalion of six companies.
97. That the eighth section of the act of March 6, 1861, "to
provide for the public defence" [96], be and the same is hereby
so far amended that whenever battalions of volunteers in the
service of the Confederate States shall consist of not less than six
companies, there may be allowed, in the discretion of the
President, to each battalion so constituted, two field-officers, one
with the rank of lieutenant-colonel and the other with the rank of
major.
Ibid, §2. Assistant adjutants-general.
98. That the President be and he is hereby authorized to
appoint for the volunteer forces in the Confederate service as
many assistant adjutants-general as the service may require,
whose rank shall correspond with the rank of the assistant
adjutants-general in the regular army, and who shall receive the
same pay and allowances, according to their respective grades
[72].
III. VOLUNTEERS FOR THE WAR.
May 8, 1861 §1, ch. 5. President authorized to receive additional volunteers.
99. That in addition to the volunteer force authorized to be
raised under existing laws [84, 88], the President
Page 45
be and he is hereby authorized to accept the services of
volunteers who may offer their services, without regard to the
place of enlistment, either as cavalry, mounted riflemen, artillery,
or infantry, in such proportion of these several arms as he may
deem expedient, to serve for and during the existing war, unless
sooner discharged [109, 110].
Ibid, §2. How accepted.
Officers.
100. That the volunteers so offering their service may be
accepted by the President in companies, to be organized by him
into squadrons, battalions, or regiments. The President shall
appoint all field and staff officers, but the company officers shall
be elected by the men composing the company; and if accepted,
the officers so elected shall be commissioned by the President
[109, 110].
Ibid. §3. Vacancies.
101. That any vacancies
[105] occurring in the ranks of the
several companies mustered into service under the provisions of
this act, may be filled by volunteers accepted under the rules of
such companies; and any vacancies occurring in the officers of
such companies shall be filled by elections in accordance with
the same rules.
Ibid, §4. Forces; how organized.
102. Except as herein differently provided, the volunteer
forces hereby authorized to be raised shall, in all regards, be
subject to and organized in accordance with the provisions of "An
act to provide for the public defence" [92 et seq.], and all
other acts for the government of the Armies of the Confederate
States.
May 21, 1861 ch. 40. Subaltern of the line assigned as adjutant.
103. That so much of the second section of the act entitled
"An act to raise an additional military force to serve during the
war," passed May eighth, eighteen
hundred and sixty-one, be so amended as to authorize the
President, on the application of any commanding
officer of a regiment or battalion authorized by said act, to assign
a subaltern of the line of the army to the duties of adjutant of
said regiment or battalion [100].
Jan. 22, 1862 §1, ch. 46. Volunteers accepted singly.
104. That volunteers offering their services under an act
entitled "An act to raise an additional military force to serve
during the war," approved May eighth, eighteen hundred and
sixty-one [100], may be accepted
Page 46
by the President singly as well as in companies, squadrons,
battalions, or regiments.
Ibid, §2. Officers; how appointed and chosen.
105. In all appointments of officers raised under this act, the
field and company officers shall be chosen and appointed in the
manner prescribed by the act entitled
"An act providing for the granting of bounty and furloughs to
privates and non-commissioned officers in the Provisional
Army," approved December eleventh, eighteen hundred and sixty-one
[123]; and all vacancies occurring in the said offices after the
first election made under this act, as well as under the act entitled
"An act to raise an additional military force to serve during the
war," approved May eighth, eighteen hundred and sixty-one [99],
shall be filled by promotion, according to grade and seniority, as
provided in the said act of eleventh December, eighteen hundred
and sixty-one, except in case of disability or other incompetency:
Provided, however, That the President be authorized to depart
from the prescribed rule of promotion in favor of any person
specially distinguished by his commanding general for
extraordinary merit, or some signal act of military skill or
gallantry [157, 158, 310, 382].
Ibid, §3. Vacancies in the ranks may be filled by volunteers.
Recruiting
Transportation, subsistence, and bounty.
106. Any vacancies occurring in the ranks of companies
mustered into the Confederate service for three years or for the
war, may be filled by volunteers; and the commander of each of said
squadrons, battalions, or regiments organized as aforesaid, may
detail one commissioned officer, and one non-commissioned officer,
and one or more privates, from each company of his command, with
the approval of the brigadier-general of the brigade to which said
squadron, battalion, or regiment may be attached, to recruit men for
said company: so that the same may contain not more than one
hundred and twenty-five, rank and file; and the men so recruited
shall be mustered at the time of enrolment, and shall be entitled to
transportation and subsistence, or commutation of subsistence, till
they join their respective companies, and to fifty dollars bounty, to
be paid at the time of joining the same.
Ibid, §4.
Officers appointed to raise troops.
Muster, pay, etc., of troops.
107. The President be and he is hereby authorized
Page 47
to appoint and commission persons as field-officers or captains,
to raise regiments, squadrons, battalions or Companies, and the
individuals comprising the same shall be mustered at the time of
enrolment, and be entitled to pay, transportation, and
subsistence from the date of the organization of companies; but
the officers so appointed by the President shall not be entitled to
any pay or allowance until their respective commands be fully
organized and reported to the Secretary of War; and said
appointments shall expire if the officer appointed shall not,
within a reasonable time, not to exceed two months for a
company and four months for for a battalion, squadron, or
regiment, report the corps authorized to be raised by him,
organized and read for duty: Provided, nevertheless, That every
officer so commissioned for such purpose shall receive an appointment
proportioned to the forces he recruits: And provided,
furthermore, That no enlistments under the commission of
captains shall be obligatory, unless the number be sufficient to
constitute a company.
Feb. 3, 1862 ch. 65. Commissions of officers whose commands are fully organized.
108. That the second section of the above recited-act [105],
requiring the election of field and company officers by regiments
and companies, shall not apply to companies, battalions, and
regiments raised under the fourth section of said act [107]; but
the officers appointed by the President to raise such companies,
battalions, and regiments shall be the officers of the same; and
the commissions of such officers granted by the President shall,
when their respective commands are fully organized, be absolute.
Oct. 11, 1862 §1, ch. 43. Volunteers from states and districts in occupation of the enemy.
109. That the first and second sections [99, 100] of the act to
which this is an amendment are hereby declared to have full force
and effect in those states and districts in which the President
may, under the law, suspend the provisions of the acts providing
for the enrolment of persons for military service, or when said
acts can not be enforced by reason of the occupation of the
enemy: Provided, That the troops received under the sections of
said act shall be received for three years or for the war.
Ibid, §2.
Appointment of major and brigadier-generals, and other officers.
110. That the President may, in cases when, in his
Page 48
opinion, the public interest requires that he should do so, appoint
major and brigadier-generals, with their appropriate staff, and also
the field, company, and staff officers to regiments, battalions,
companies, or squadrons before the same are organized, by and
with the advice and consent of the Senate; and if said regiments,
battalions, companies, or squadrons are not reported as complete
within a reasonable time, the President may, in his discretion,
vacate the commissions of said officers, who shall be entitled to
the pay of their respective grades from the date of their
respective appointments until their commissions are vacated; and
that companies of infantry shall consist of at least one hundred
and twenty-five rank and file, companies of artillery of at least
one hundred and fifty rank and file, and companies of cavalry of
at least eighty rank and file.
IV. VOLUNTEERS FOR SUCH TIME AS THE PRESIDENT
MAY PRESCRIBE.
May 11, 1861 §1, ch. 8. Preamble.
111. Whereas, war exists between the United States and the
Confederate States; and whereas the public welfare may require
the reception of volunteer forces into the service of the
Confederate States without the formality and delay of a call upon
the respective States:
Reception of troops.
The Congress of the Confederate States of America do enact,
That the President be authorized to receive into service such
companies, battalions, or regiments, either mounted or on foot, as
may tender themselves, and he may require, without the delay of
a formal call upon the respective states, to serve for such time as
he may prescribe.
Ibid, §2. How organized.
Allowances.
Service.
Enlistments from states not of the Confederacy.
112. Such volunteer forces who may be accepted under this
act, except as herein differently provided, shall be organized in
accordance with and subject to all the provisions of the act
entitled "An act to provide for the public defence" [91, 92, 95,
96], and be entitled to all the allowances provided therein; and
when mustered into service may be attached to such divisions,
brigades, or regiments as the President may
Page 49
direct, or ordered upon such independent or detached service as
the President may deem expedient: Provided, however, that
battalions and regiments may be enlisted from states not of the
Confederacy, and the President may appoint all or any of the
field-officer thereof.
Ibid, §3. Commissions of officers.
Supernumerary officer to each company.
113. The President shall be authorized to commission all
officers entitled to commissions, of such volunteer forces as
may be received under the provisions of this act. And upon the
request of the officer commanding such volunteer regiment,
battalion, or company, the President may attach a supernumerary
officer to each company (detailed from the regular army for that
purpose) [21], and for such time as the President may direct.
V. 400,000 VOLUNTEERS FOR NOT LESS THAN TWELVE
MONTHS, NOR MORE THAN THREE YEARS.
Aug. 8, 1861 §1, ch. 20. Militia, military, and naval forces of the C. S. to be employed.
400,000 volunteers for not less than 12 months nor more than 3 years.
114. That, in order to provide additional forces to repel
invasion, maintain the rightful possession of the Confederate
States of America, and to secure the
independence of the Confederate States, the President be and he
is hereby authorized to employ the militia, military, and naval
forces of the Confederate States of America, and to ask for and
accept the services of any number of volunteers, not exceeding
four hundred thousand, who may offer their services, either as
cavalry, mounted riflemen, artillery, or infantry, in such
proportions of these several arms as he may deem expedient, to
serve for a period of not less than twelve months, nor more than
three years, after they shall be mustered into service, unless
sooner discharged.
Ibid, §2. How organized.
Pay and allowances
115. That whenever the militia or volunteers are
called and received into the service of the Confederate
States, under the provisions of this act, they shall be
organized under the act of the 6th of March, 1861,
entitled "An act to provide for the public defence"
[91, 92, 95, 96], with the same pay and allowances of
Page 50
said act, and the same time for the service of the militia [89].
Ibid, §3. Act; how construed.
116. Nothing in this act shall be construed to extend to or in
anywise to alter any act heretofore passed, authorizing the
President to receive troops offered directly to the Confederate
States for the war, or for any less time.
April 19, 1862 ch. 57. Companies with less than the minimum number of men.
117. That in all cases heretofore occurring where companies,
not having the minimum number of men necessary to form a
company as required existing laws, have been organized into
companies which have entered into the service by order of a
commanding general, or been received by such officer into the
service, in all such cases the Secretary of War is hereby
authorized and required to recognize said companies as if duly
organized under existing laws, and the officers of said companies
are hereby declared as entitled to the same rank to which they
would have been entitled if the companies had been duly
organized; and the officers and men thereof shall be entitled to
draw their pay and rations as if they had been duly authorized
under existing laws.
VI. REQUISITION UPON THE STATES FOR TROOPS.
Jan. 23, 1862 §1, ch. 50. Troops for 3 years or the war.
118. That the first section of the act of March sixth, eighteen
hundred and sixty-one [88], be and is hereby so modified as to
authorize the President to call upon the several states, in his
discretion, for any number of troops, not exceeding, in the
aggregate, the number heretofore authorized, to serve for the term
of three years or during the war.
Ibid, §2. How proportioned among the states.
119. In making such requisitions, the President shall take into
consideration the number of troops from each state already
enlisted for the war at the time of the requisition, and shall, as far
as practicable, equalize the same among the states according to
their respective white population.
Page 51
VII. BOUNTY;* FURLOUGHS; ELECTION OF COMPANY
OFFICERS, AND OTHER PRIVILEGES.
Dec. 11, 1861 §1, ch. 9. Bounty for those serving 3 years or for the war.
120. That a bounty of fifty dollars be and the same is hereby
granted to all privates, musicians, and non-commissioned officers
in the Provisional Army, who shall serve continuously for three
years or for the war, to be paid at the following times, to wit: To
all now in the service for twelve months, to be paid at the time of
volunteering or enlisting for the next two ensuing years
subsequent to the expiration of their present term of service. To
all now in the service for three years or for the war, to be paid at
the expiration of their first year's service. To all who may
hereafter volunteer or enlist for three years or for the war, to be
paid at the time of entry into service [126].
Ibid, §2. Furloughs and transportation.
Commutation.
121. That furloughs, not exceeding sixty days, with
transportation home and back, shall be granted to all twelve
months' men now in service who shall, prior to the expiration of
their present term of service, volunteer or enlist for the next two
ensuing years subsequent to the expiration of their present term
of service, or for three years or the war; said furloughs to be
issued at such times and in such numbers as the Secretary of War
may deem most compatible with the public interest; the length
of each furlough being regulated with reference to the distance of
each volunteer from his home: Provided, That in lieu of a furlough,
the commutation value in money of the transportation
herein above granted shall be paid to each private, musician, or
non-commissioned officer who may elect to receive it, at such
time as the furlough itself would otherwise be granted.
Ibid, §3. Troops entitled to the benefit of the act.
122. This act shall apply to all troops who have volunteered
or enlisted for a term of twelve months or more in the service of
any state, who are now in the service of the said state, and who
may hereafter volunteer or enlist in the service of the Confederate
States under the provisions of the present act.
* For bounty to
enlisted men in regular army, see 78. To men recruited for
three years or the war, 106. 132. To soldiers continued in service by Conscription
act of 16th of April, 1862, see 152.
Page 52
Ibid, §4. Reorganization of companies.
Election of officers.
Vacancies.
State troops in C. S. service.
123. That all troops revolunteering or re-enlisting shall, at the
expiration of their present term of service, have the power to
reorganize themselves into companies and elect their company
officers, and said companies shall have the power to organize
themselves into battalions or regiments and elect their field-officers;
and after the first election all vacancies shall be filled by
promotion from the company, battalion, or regiment in which
such vacancies may occur: Provided, That whenever a vacancy
shall occur, whether by promotion or otherwise, in the lowest
grade of commissioned officers of a company, said vacancy shall
always be filled by election: And provided, further, That in the
case of troops which have been regularly enlisted into the service
of any particular state prior to the formation of the Confederacy,
and which have by such state been turned over to the Confederate
government, the officers shall not be elected, but appointed and
promoted in the same manner and by the same authority as they
have heretofore been appointed and promoted.
Feb. 3, 1862 ch. 62. Provisions of Bounty act extended.
124. That the
provisions of the above-entitled act [120 et
seq.], so far as the same are applicable to re-enlistment of twelve
months' volunteers, be and the same are hereby extended to
troops now in the service of any state for a term not less than
three months, who may re-enlist in the service of the Confederate
States according to provisions of said act for a term which, added
to their present term of service, may amount to three years.
Feb. 15, 1862 ch. 78. Date of rank of certain officers.
125. That the rank of commissioned officers of regiments,
battalions, squadrons, and companies who continue in service by
re-election in regiments, battalions, squadrons, or companies
organized of troops re-enlisting under the act providing for the
granting of bounty and furloughs to privates and non-commissioned
officers in the Provisional Army, approved
December eleventh, eighteen hundred and sixty-one [123], and
the act supplemental thereto, approved February third, eighteen
hundred and sixty-two [124], or under the act to provide for the
recruiting companies
Page 53
now in the service of the Confederate States for
twelve months, approved January twenty-seventh, eighteen
hundred and sixty-two [131 et seq.], shall date from the time of
their original election or appointment: Provided, Such officers
shall be re-elected or appointed to offices of the same grade in the
same corps.
Feb. 17, 1862 ch. 88. Bounty; when payable.
126. That the bounty of fifty dollars, allowed by existing laws
to soldiers enlisting for the war, or re-enlisting for two years, or
recruited, shall be payable [127] as soon as the volunteer entitled
thereto shall have been sworn into the Confederate service, and
shall have been pronounced by any surgeon or assistant surgeon
of the Confederate States, after inspection, as being fit and able
to do military service.
Oct. 11, 1862 ch. 44. Bounty due deceased and discharged soldiers.
127. That the above recited act [126] be so amended as to
secure to all soldiers and non-commissioned officers who shall
have entered the armies of the Confederate States for three years
or during the war the bounty of fifty dollars, as therein provided,
although such soldier or non-commissioned officer may have
been killed in battle, died, or been honorably discharged before
the expiration of the first year's service of his term, to be paid as
other arrearages.
Feb. 17, 1864 §3, ch. Bounty of one hundred dollars.
128. That, at the expiration of six months from the first day of
April next, a bounty of one hundred dollars, in a six per cent.
government bond, which the Secretary of the Treasury is hereby
authorized to issue, shall be paid to every non-commissioned
officer, musician, and private who shall then be in the service, or,
in the event of his death previous to the period of such payment,
then to the person or persons who would be entitled by law to
receive the arrearages of his pay; but no one shall be entitled to
the bounty herein provided who shall, at any time during the
period of six months next after the said first day of April, be
absent from his command without leave.
VIII. RECRUITING.
Dec. 19, 1861 §1, ch. 15. For three years or the war.
129. That the Secretary of War be and he is hereby authorized
to adopt measures for recruiting and enlisting
Page 54
men for companies in service for the war, or three years,
which, by the casualties of the service, have been reduced by
death and discharges.
Ibid, §2. Details of officers.
130. That the Secretary of War be and he is hereby authorized
to detail the company commissioned officers for the above duty
in such numbers and at such times as in his opinion will best
comport with the public service; the officers thus appointed to
enlist and recruit for their respective companies.
Jan. 27, 1862 §1, ch. 55. Companies in service for twelve months.
Election of officers.
Promotion.
131. That all companies of volunteers, now in the service of
the Confederate States under enlistment for the term of twelve
months, may be recruited by enlisting or receiving volunteers for
three years or the war, to a number not to exceed one hundred
and twenty-five, rank and file, and companies so recruited shall,
at the expiration of the term of service of the original company,
elect their commissioned officers; and vacancies thereafter
occurring in the commissioned offices of such companies shall be
filled by promotion of said commissioned officers, except that
vacancies in the lowest grade of such officers shall be filled by
election.
Ibid. §2. Detail of officers.
Bounty, etc.
132. The colonel or commanding officer of the several
regiments, battalions, and squadrons enlisted for twelve months
as aforesaid, may detail one commissioned officer, and not
exceeding two privates of each company, to recruit for their
respective companies, and the officers and privates so detailed
shall be entitled to transportation while so engaged, and the
recruits so enlisted shall be entitled to pay, transportation, and
subsistence from the time and place of enlistment, together with
the sum of fifty dollars, as a bounty, upon joining their respective
companies.
Ibid, §3.
Regiments, etc., reorganized.
133. The original volunteers in such companies, re-enlisting
according to the terms of the act entitled
"An act providing for the granting of bounty and furloughs to
privates and non-commissioned officers in the Provisional Army"
[120 et seq.], may re-enlist in and form part of the
companies to be recruited as herein provided; and when all the
companies composing the regiment, battalion, or squadron as
aforesaid
Page 55
shall, by recruiting as aforesaid, or by re-enlistment
and recruiting as aforesaid, have attained, at the date of the
expiration of the term of service of
the original companies, the, number required by law
for a company, the number and designation of such
regiment, battalion, or, squadron may continue, or such
of said companies as are complete at that date may
reorganize into new regiments, battalions, or squadrons, or
attach themselves to other regiments, battalions, or squadrons;
and in all such cases the field-officers shall be elected, and
vacancies thereafter occurring in such field-offices shall be filled
by promotion, as directed by the act aforesaid.
Ibid. §4. Companies organized by re-enlisted twelve months' volunteers.
134. Companies organized by re-enlisted twelve months'
volunteers, under the act aforesaid, may be recruited to the
number of one hundred and twenty-five, in the manner prescribed
in the second section of this act.
Ibid, §5. When companies may be united.
135. Where, at the date of the expiration of the term of service
of the original company, the number of recruits and enlisted men
may not amount to the minimum number required for a
company, the recruited men may combine with recruits of other
companies in like situation, so as to form complete companies;
and in default of such combinations, the said recruits may be
assigned or distributed to other companies from the state in
which such recruits were enlisted.
Ibid. §6. Rules.
136. The Secretary of War shall make all needful rules to carry
into effect the foregoing provisions.
Aug. 8, 1861 ch. 18. Officers to raise volunteers from Kentucky, Missouri,
Maryland, or Delaware.
137. That the President of the Confederate States be and he is
hereby authorized to grant commissions to officers above the
grade of captain to such persons as he may think fit to raise and
command volunteer regiments and battalions for the service of the
Confederate States, said regiments and battalions to be composed of
persons who are, or have been, residents of the States of
Kentucky, Missouri, Maryland, or Delaware, and who have
enlisted, or may enlist, under said officers; upon the condition,
however, that such officers shall not hold rank or receive pay
until such
Page 56
regiments or battalions have been raised and are mustered into
service.
Aug. 30, 1861 §1, ch. 52. Recruiting stations for volunteers from Kentucky,
Missouri, Maryland, and Delaware.
138. That the President be and he is hereby authorized to
establish recruiting stations within the Confederate States for the
reception of volunteers into the military service of the
Confederate States from among persons who are, or have been,
residents of the States of Kentucky, Missouri, Maryland, and
Delaware.
Ibid, §2. Officers to raise and command companies of such volunteers.
139. That the President be authorized to grant commissions as
captains to such persons as he may think fit to raise and
command companies to be composed of such volunteers; upon
the condition, however, that such officers shall not hold rank or
receive pay until such companies have been raised and are
mustered into service.
Ibid, §3. Organization of companies.
140. Whenever such recruits shall amount to a sufficient
number to be formed into companies, the President may direct
the same to be so organized, appointing all commissioned officers
of the several companies, in addition to the captains provided for
in the preceding section; and such companies may be organized
into regiments in like manner, under the direction of the
President.
Ibid, §4. Compensation to recruits.
141. Until such recruits shall amount to a sufficient number to
be organized into companies, they shall receive no compensation
except their clothing and rations.
Feb. 15, 1862 ch. 76. Maryland Line.
142. That all native or adopted citizens of the State of
Maryland who have heretofore volunteered, are now in, or may
hereafter volunteer in the service of the Confederate States, may,
at their option, be organized and enrolled into companies,
squadrons, battalions, and regiments, and with the first Maryland
regiment, and several companies now in service, into one or more
brigades, to be known as the Maryland Line; said organization to
be in accordance with existing laws.
Page 57
IX. CONSCRIPTION
April 16, 1862, §1, ch. 31. Preamble.
143. In view of the exigencies of the country, and the absolute
necessity of keeping in the service our gallant army, and of
placing in the field a large additional force to meet the advancing
columns of the enemy now invading our soil: Therefore
All white men between eighteen and thirty-five years of age.
Continuance in service of those now in the army.
Reorganization of companies, etc.
Furloughs.
Commutation.
All under eighteen years and over thirty-five now enrolled.
The Congress of the Confederate States of America do enact,
That the President be and he is hereby authorized to call out and
place in the military service of the Confederate States, for three
years, unless the war shall have been sooner ended, all white men
who are residents of the Confederate States, between the ages of
eighteen and thirty-five years, at the time the call or calls may be
made, who are not legally exempted from military service. All of
the persons aforesaid who are now in the armies of the
Confederacy, and whose term of service will expire before the end
of the war, shall be continued in the service for three years from
the date of their original enlistment, unless the war shall have been
sooner ended: Provided, however, That all such companies,
squadrons, battalions, and regiments whose term of original
enlistment was for twelve months, shall have the right, within
forty days, on a day to be fixed by the commander of the brigade,
to reorganize said companies, battalions, and regiments, by
electing all their officers which they had a right heretofore to elect,
who shall be commissioned by the President [159]: Provided,
further, That furloughs not exceeding sixty days, with
transportation home and back, shall be granted to all those
retained in the service by the provisions of this act beyond the
period of their original enlistment, and who have not heretofore
received furloughs under the provisions of an act entitled "An act
providing for the granting of bounty and furloughs to privates and
non-commissioned officers in the Provisional Army," approved
eleventh December, eighteen hundred and sixty-one [121]--said
furloughs to be granted at such times and in such numbers as the
Secretary of War may deem most compatible with the public
interest: And provided, further, That in lieu of a furlough, the
commutation
Page 58
value in money of the transportation herein above granted
shall be paid to each private, musician, or non-commissioned
officer who may elect to receive it,
at such time as the furlough would otherwise be granted:
Provided, further, That all persons under the age of eighteen
years or over the age of thirty-five years, who are now enrolled in
the military service of the Confederate States in the regiments,
squadrons, battalions, and companies hereafter to be
reorganized, shall be required to remain in their respective
companies, squadrons, battalions, and regiments for ninety days,
unless their places can be sooner supplied by other recruits not
now in the service, who are between the ages of eighteen and
thirty-five years; and all laws and parts of laws providing for the
re-enlistment of volunteers and the organization thereof into
companies, squadrons, battalions, or regiments, shall be and the
same are hereby repealed.
Sep. 27, 1862 ch. 15. All white men between thirty-five and forty-five years of age.
Who to be first called out.
Disposition of those called into service.
Suspension of this act and that of April 16, 1862, in certain localities.
144. That the President be and he is hereby authorized to call
out and place in the military service of the Confederate States for
three years, unless the war should have been sooner ended, all
white men who are residents of the Confederate States, between
the ages of thirty-five and forty-five years, at the time the call or
calls may be made, and who are not, at such time or times,
legally exempted from military service, or such part thereof as, in
his judgment, may be necessary to the public defence--such call
or calls to be made under the provisions and according to the
terms of the act to which this is an amendment [143]; and such
authority shall exist in the President during the present war as to
all persons who now are or may hereafter become eighteen years
of age, and when once enrolled, all persons between the ages of
eighteen and forty-five shall serve their full time: Provided, That
if the President, in calling out troops into the service of the
Confederate States, shall first call for only a part of the persons
between the ages hereinbefore stated, he shall call for those
between the ages of thirty-five and any other age less than forty-five:
Provided, That nothing herein contained shall he understood
Page 59
as repealing or modifying any part of the act to which this
is amendatory, except as herein expressly
stated: And provided, further, That those called out under this
act, and the act to which this is an amendment, shall be first and
immediately ordered to fill to their maximum number the
companies, battalions, squadrons, and regiments from the
respective states at the time the act to further provide for the
public defence, approved sixteenth April, one thousand eight
hundred and sixty-two, was passed, and the surplus, if any, shall
be assigned to organizations formed from each state since the
passage of that act, or placed in new organizations to be officered
by the state having such residue, according to the laws thereof, or
disposed of as now provided by law: Provided, That the
President is authorized to suspend the execution of this act, or the
act to which this is an amendment [143], in any locality where he
may find it impracticable to execute the same, and that in such
locality, and during said suspension, the President is authorized
to receive troops into the Confederate service under any of the
acts passed by the Confederate Congress prior to the passage of
the act to provide further for the public defence, approved
sixteenth April, one thousand eight hundred and sixty-two.
Oct. 8, 1862 ch. 34. Enrolment of conscripts wherever found.
State military organizations.
Suspension of this act in certain localities.
145. That all persons subject to enrolment for military service
may be enrolled under instructions from the War department, and
reported by the enrolling officer wherever found, whether within
the state or county of their residence or not; and when so enrolled
shall be subject to the provisions of law as fully as if enrolled
within the county and state of which they may be residents:
Provided, That this act shall not extend to any member of a
military organization under any state law while he remains in
actual service within the limits of his state: And provided, further,
That the President is authorized to suspend the execution of this
act as regards the residents of any locality where he may find it
impracticable to execute the act entitled "An act to further provide
for the public defence," approved April sixteenth, eighteen
Page 60
hundred and sixty-two [143], and the act to amend
the last mentioned act, approved September twenty-seventh,
eighteen hundred and sixty-two [144].
April 16,1862, §2, ch. 31. Companies, etc., in process of organization.
146. That such companies, squadrons, battalions, or
regiments organized, or in process of organization, by
authority from the Secretary of War, as may be, within
thirty days from the passage of this act, so far completed
as to have the whole number of men requisite
for organization actually enrolled, not embracing in
said organizations any persons now in service, shall be
mustered into the service of the Confederate States as
part of the land forces of the same, to be received in
that arm of the service in which they are authorized
to organize, and shall elect their company, battalion,
and regimental officers.
Ibid. §3. Officers to make enrolment.
147. That for the enrolment of all persons comprehended
within the provisions of this act, who are not
already in service in the armies of the Confederate
States, it shall be lawful for the President, with the
consent of the governors of the respective states, to
employ state officers, and on failure to obtain such
consent, he shall employ Confederate officers, charged
with the duty of making such enrolment in accordance
with rules and regulations to be prescribed by
hint.
Ibid, §4. Assignment of persons enrolled.
148. That persons enrolled under the provisions of
the preceding section shall be assigned by the Secretary
of War to the different companies now in the
service, until each company is filled to its maximum
number, and the persons so enrolled shall be assigned
to companies from the states from which they respectively come.
Ibid, §5. Seamen; transfer of.
149. That all seamen and ordinary seamen in the
land forces of the Confederate States, enrolled under
the provisions of this act, may, on application of the
Secretary of the Navy, be transferred from the land
forces to the naval service.
May 1, 1863 ch. 68. Idem.
150. That all persons serving in the land forces of
the Confederate States who shall desire to be transferred to the
naval service, and whose transfer as seamen
or ordinary seamen shall be applied for by the
Page 61
Secretary of the Navy, shall be transferred from the land to the
naval service: Provided, That nothing in this act shall be so
construed as to alter or repeal any law now in force limiting the
number of seamen [573].
April 16, 1862, §6, ch. 31. Reserves.
When subject to the Rules and Articles of War.
Reserves; when to be called into service.
Organization.
Election of officers.
151. That in all cases where a state may not have in the army a
number of regiments, battalions, squadrons, or companies
sufficient to absorb the number of persons subject to military
service under this act, belonging to such state, then the residue or
excess thereof shall be kept as a reserve, under such regulations as
may be established by the Secretary of War, and that at stated
periods of no greater than three months, details, determined by
lot, shall be made from said reserve, so that each company shall,
as nearly as practicable, be kept full: Provided, That the persons
held in reserve may remain at home until called into service by the
President: Provided, also, That during their stay at home they
shall not receive pay: Provided, further, That the persons
comprehended in this act shall not be subject to the Rules and
Articles of War until mustered into the actual service of the
Confederate States; except that said persons, when enrolled and
liable to duty, if they shall wilfully refuse to obey said call, each
of them shall be held to be a deserter and punished as such,
under said Articles: Provided, further, That whenever, in the
opinion of the President, the exigencies of the public service may
require it, he shall be authorized to call into actual service the
entire reserve, or so much as may be necessary, not previously
assigned to different companies in service under provision of
section four [148] of this act; said reserve shall be organized
under such rules as the Secretary of War may adopt: Provided,
The company, battalion, and regimental officers shall be elected
by the troops composing the same: Provided, The troops raised
in any one state shall not be combined in regimental, battalion,
squadron, or company organization with troops raised in any
other states.
Ibid, §7. Bounty.
152. That all soldiers now serving in the army, or mustered in
the military service of the Confederate States, or enrolled in said
service under the authorizations
Page 62
heretofore issued by the Secretary of War, and who are
continued in the service by virtue of this act, who have not
received the bounty of fifty dollars allowed by existing laws
[120], shall be entitled to receive said bounty.
Ibid, §8. Private arms to be paid for.
153. That each man who may hereafter be mustered into
service, and who shall arm himself with a musket, shot-gun, rifle,
or carbine, accepted as an efficient weapon, shall be paid the
value thereof, to be ascertained by the mustering officer, under
such regulations as may be prescribed by the Secretary of War, if
he is willing to sell the same, and if he is not, then he shall be
entitled to receive one dollar a month for the use of said received
and approved musket, rifle, shot-gun, or carbine.
Ibid, §9. Substitutes.
154. That persons not liable for duty may be received as
substitutes for those who are, under such regulations as may be
prescribed by the Secretary of War.
Dec. 28, 1863 ch. 3. Substitute system abolished.
155. 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.
Jan. 5, 1864 ch. 4.
156. Whereas, in the present circumstances of the country, it
requires the aid of all who are able to boar arms:
Principals liable to service.
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.
April 16, 1862, §10, ch. 31. Vacancies; how filled.
157. That all vacancies shall be filled by the President from the
company, battalion, squadron, or regiment in which such
vacancies shall occur, by promotion according to seniority,
except in case of disability or other incompetency: Provided,
however, That the President may, when in his opinion it may be
proper, fill such vacancy or vacancies by the promotion of any
officer or officers, or private or privates from such
Page 63
company, battalion, squadron, or regiment who shall have been
distinguished in the service by exhibition of valor and skill [105,
382, 310]; and that whenever a vacancy shall occur in the lowest
grade of the commissioned officers of a company, said vacancy
shall be filled by election: Provided, That all appointments made
by the President shall be by and with the advice and consent of
the Senate.
April 21, 1862, ch. 75 Idem.
158. That all vacancies shall be filled by the President from
the company, battalion, squadron, or regiment in which such
vacancies shall occur, by promotion, according to seniority,
except in case of disability or other incompetency; and that
whenever a vacancy shall occur in the lowest grade of
commissioned officers of a company, such vacancies shall be
filled by election: Provided, however, That the President may,
when in his opinion it is proper, fill any vacancy by the
promotion of any officer from any company, battalion, squadron,
or regiment in which the same may occur, who shall have been
distinguished in service by the exhibition of extraordinary valor
and skill [105, 382, 310]; and that when any vacancy shall occur
in the lowest grade of commissioned officers of any company,
the same may be filled by selection by the President of any non-commissioned
officer or private from the company in which said
vacancy may occur, who shall have been distinguished in the
service by the exhibition of extraordinary valor and skill; and that
appointments made by the President shall be by and with the
advice and consent of the Senate.
April 16, 1862, §11, ch. 31. Election of officers of regiments composed
of twelve months' and war companies combined.
159. That the provisions of the first section [143] of this act,
relating to the election of officers, shall apply to those
regiments, battalions, and squadrons which are composed of
twelve months' and war companies combined in the same
organization without regard to the manner in which the officers
thereof were originally appointed.
Ibid. §12 Rank and file to each company.
160. That each company of infantry shall consist of one
hundred and twenty-five, rank and file; each company of field
artillery of one hundred and fifty, rank and file; each of cavalry,
of eighty, rank and file.
Page 64
Ibid, §13. Privilege of volunteering.
161. That all persons subject to enrolment, who are not now in
the service under the provisions of this act, shall be permitted,
previous to such enrolment, to volunteer in companies now in the
service.
Oct. 11, 1862 §1, ch. 39. Regiments or battalions organized prior to October, 1862.
162. That the President be and he is hereby authorized and
empowered, whenever in his opinion the public good would be
promoted thereby, to receive into the service regiments or
battalions which have been organized in good faith prior to the
first day of October, eighteen hundred and sixty-two, under
authority or by direction of the Secretary of War, or any general
officer of the government, although said regiments or battalions
may be composed in part of persons between the ages of eighteen
and thirty-five years: Provided, That this authority shall not
extend to regiments or battalions organized after the said first day
of October, eighteen hundred and sixty-two, except in those
states and locations where the conscript law may be suspended.
Ibid, §2. Regiments or battalions organized of conscripts
in states west of Mississippi river.
163. That the President be and he is hereby authorized and
empowered, whenever in his opinion it would promote the public
good, to receive into service regiments or battalions which have
been heretofore organized of conscripts by a general officer in
any of the states lying west of the Mississippi river [164].
April 16, 1863. §1, ch. 30. To elect their officers
164. That the second section [163] of the act entitled
"An act to authorize the President to accept and place
in the service certain regiments and battalions heretofore raised,"
approved on the eleventh day of October,
in the year one thousand eight hundred and sixty-two,
shall not be so construed as to authorize any general
officer to appoint any of the officers of said regiments
and battalions. That said regiments and battalions
shall have the right, within ninety days, on a day to
be fixed by the commander of the brigade for that purpose,
to elect such officers as volunteers have heretofore
been authorized to elect: Provided, That this act
shall not apply to any case where such office has heretofore
been filled by election.
Oct. 11, 1862 §3, ch. 39. Infantry raised prior to Dec. 1, 1862,
in Middle and West Tennessee.
165. That all companies, battalions, and regiments of infantry
raised or organized before the first day of
Page 65
December next within the limits of Middle and West Tennessee,
to be composed of residents of said districts, may be accepted by
the President when, in his opinion, the public interest will be
promoted thereby, and said troops shall be allowed to elect their
own officers for the first election, after which all vacancies shall
be filled by the President under the act, and the acts amendatory
of the same, providing for the public defence, passed sixteenth of
April, eighteen hundred and sixty-two, and also such counties in
North Carolina lying east of the line of the Wilmington and
Weldon railroad as are beyond the lines of the army and exposed
to the incursions of the enemy.
Feb. 17, 1864 §1, ch. 65. Of all white men between seventeen and fifty
166. That from and after the passage of this act all white men,
residents of the Confederate States, between the ages of
seventeen and fifty, shall be in the military service of the
Confederate States for the war.
Ibid, §2. Present organizations to be preserved.
Proviso.
167. That all the persons aforesaid, between the
ages of eighteen and forty-five, now in service, shall
be retained, during the present war with the United
States, in the same regiments, battalions, and companies
to which they belong at the passage of this act,
with the same organization and officers, unless regularly
transferred or discharged, in accordance with the
laws and regulations for the government of the army:
Provided, That companies from one state, organized
against their consent, expressed at the time, with regiments
or battalions from another state, shall have the
privilege of being transferred to organizations of troops
in the same arm of the service from the state in which
said companies were raised; and the soldiers from one
state in companies from another state shall be allowed,
if they desire it, a transfer to organizations from their
own state in the same arm of the service.
Ibid, §4. Persons heretofore discharged.
Persons who have furnished substitutes.
168. That no person shall be relieved from the operation of
this act by reason of having been heretofore discharged from the
army, where no disability now exists, nor shall those who have
furnished substitutes be any longer exempted by reason thereof:
Provided, That no person heretofore exempted on account of
religious opinions, and who has paid the tax levied to
Page 66
relieve him from service, shall be required to render military
service under this act [181].
Ibid, §5. Time and place of enrolment
169. That all white male residents of the Confederate States,
between the ages of seventeen and eighteen and forty-five and
fifty years, shall enroll themselves, at such times and places, and
under such regulations as the President may prescribe, the time
allowed not being less than thirty days for those east, and sixty
days for those west of the Mississippi river; and any person
who shall fail so to enroll himself, without a reasonable excuse
therefor, to be judged of by the President, shall be placed in
service in the field for the war in the same manner as though he
were between the ages of eighteen and forty-five: Provided, That
the persons mentioned in this section shall constitute a reserve
for state defence and detail duty, and shall not be required to
perform service out of the state in which they reside.
Ibid, §6. Voluntary organizations.
Rendezvous.
170. That all persons required by the fifth section of this act
to enroll themselves may, within thirty days after the passage
hereof, cast of the Mississippi river, and within sixty days if
west of said river, form themselves into voluntary organizations
of companies, battalions, or regiments, and elect their own
officers--said organizations to conform to the existing law; and
having so organized, to tender their services as volunteers during
the war to the President; and if such organization shall furnish
proper muster-rolls, as now required, and deposit a copy thereof
with the enrolling officer of their district (which shall be
equivalent to enrolment), they may be accepted as minute-men
for service in such state, but in no event to be taken out of it.
Those who do not so volunteer and organize, shall enroll
themselves as before provided, and may, by the President, be
required to assemble at places of rendezvous, and be formed into
companies, battalions, and regiments under regulations to be
prescribed by him, and shall have the right to elect their company
and regimental officers; and all troops organized under this act
for state defence shall be entitled, while in actual service, to the
same pay and allowances as troops now in the field.
Page 67
Ibid, §7. Failure to attend at rendezvous.
171. That any person who shall fail to attend at the place of
rendezvous, as required by the authority of the President,
without a sufficient excuse, to be judged of by him, shall be liable
to be placed in service in the field for the war as if he were
between the ages of eighteen and forty-five years.
Ibid, §8. Employees of Quartermaster's and Commissary's departments, etc.
172. That hereafter the duties of provost and hospital guards
and clerks, of clerks, guards, agents, employees or laborers in the
Commissary's and Quartermaster's departments, in the Ordnance
department, and clerks and employees of Navy Agents, as also in
the execution of the Enrolment acts, and all similar duties, shall be
performed by persons who are within the ages of eighteen and
forty-five years, and who, by the report of a board of army
surgeons, shall be reported as unable to perform active service in
the field, but capable of performing some of the above-named
duties, specifying which; and when those persons shall have been
assigned to those duties as far as practicable, the President shall
detail or assign to their performance such bodies of troops or
individuals, required to be enrolled under the fifth section of this
act, as may be needed for the discharge of such duties: Provided,
That persons between the ages of seventeen and eighteen shall
not be assigned to these duties: Provided, further, That nothing.
contained in this act shall be so construed as to prevent the
President from detailing artisans, mechanics, or persons of
scientific skill to perform indispensable duties in the departments
or bureaus herein mentioned.
Ibid, §9. Penalty for violating provisions of foregoing section.
173. That any quartermaster or assistant quartermaster,
commissary or assistant commissary (other than those serving
with regiments and brigades in the field), or officer in the
ordnance bureau, or navy agent, or provost marshal, or officer in
the conscript service, who shall hereafter employ or retain in his
employment any person in any of their said departments or
bureaus, or in any of the duties mentioned in the eighth section of
this act, in violation of the provisions hereof, shall, on conviction
thereof by a court-martial or military court, be cashiered; and it
Page 68
shall be the duty of any department or district commander, upon
proof by the oath of any credible person, that any such officer
has violated this provision, immediately to relieve such officer
from duty; and said commander shall take prompt measures to
have him tried for such offence; and any commander as aforesaid
failing to perform the duties enjoined by this section, shall, upon
being duly convicted thereof, be dismissed from the service.
Ibid, §11. Details.
174. That the President be and he is hereby authorized to grant
details, under general rules and regulations to be issued by the
War department, either from persons between forty-five and fifty
years of age, or from the army in the field, in all cases when, in his
judgment, justice, equity, and necessity require such details, and
he may revoke such orders of details whenever he thinks proper:
Provided, That the power herein granted to the President to make
details and exemptions shall not be construed to authorize the
exemption or detail of any contractor for furnishing supplies of
any kind to the government, by reason of said contract, unless the
head or secretary of the department making such contract shall
certify that the personal services of said contractor are
indispensable to the execution of the contract: Provided, further,
That when any such contractor shall fail diligently and faithfully
to proceed with the execution of such contract, his exemption or
detail shall cease.
Ibid, §12. Local boards of surgeons.
175. That in appointing local boards of surgeons for the
examination of persons liable to military service, no member
composing the same shall be appointed from the county or
enrolling district in which they are required to make such
examination.
X. CAMPS OF INSTRUCTION.
Oct. 8, 1862 ch. 29. Established.
176. That the President be and he is hereby authorized to
establish camps of instruction for persons enrolled for military
service, at such places and in such numbers in the several states
as he may deem necessary, and to appoint, by and with the
advice and consent of the Senate, officers in the Provisional
Page 69
Army, with the rank and pay of major, to superintend and
command the same.*
XI. EMPLOYMENT OF NEGROES.
Feb. 17, 1864 §1, ch. 79. Male free negroes.
177. Whereas the efficiency of the army is greatly
diminished by the withdrawal from the ranks of able-bodied
soldiers to act as teamsters, and in various other capacities in
which free negroes and slaves might be advantageously
employed: Therefore,
Rations, clothing, and compensation.
Exemptions
The Congress of the Confederate States of America do enact,
That all male free negroes and other free persons of color, not
including those who are free under the Treaty of Paris of 1803, or
under the Treaty of Spain of 1819, resident in the Confederate
States, between the ages of eighteen and fifty years, shall be held
liable to perform such duties with the army, or in connection with
the military defences of the country, in the way of work upon
fortifications or in government works for the production or
preparation of materials of war, or in military hospitals, as the
Secretary of War or the commanding general of the trans-Mississippi
department may from time to time prescribe; and
while engaged in the performance of such duties shall receive
rations and clothing, and compensation at the rate of eleven
dollars a month, under such rules and regulations as the said
Secretary may establish: Provided, That the Secretary of War or
the commanding general of the trans-Mississippi department,
with the approval of the President, may exempt from the
operations of this act such free negroes as the interests of the
country may require should be exempted, or such as he may think
proper to exempt on grounds of justice, equity, or necessity.
Ibid, §2. Male negro slaves.
Rations, clothing, and wages
In case of loss of slave.
178. That the Secretary of War is hereby authorized to
employ, for duties similar to those indicated in the preceding
section of this act, as many male negro slaves, not to exceed
twenty thousand, as in his judgment the wants of the service may
require, furnishing them, while so employed, with proper rations
* For drill-masters
for camps of instruction, see 303.
Page 70
and clothing, under rules and regulations to be established by him,
and paying to the owners of said slaves such wages as may be
agreed upon with said owners for their use and service; and in the
event of the loss of any slaves while so employed, by the act of
the enemy, or by escape to the enemy, or by death inflicted by the
enemy, or by disease contracted while in any service required of
said slaves, then the owners of the same shall be entitled to receive
the full value of such slaves, to be ascertained by agreement or by
appraisement, under the law regulating impressments, to be paid
under such rules and regulations as the Secretary of War may
establish.
Ibid, §3. When male slaves may be impressed.
179. That when the Secretary of War shall be
unable to procure the services of slaves in any military
department in sufficient numbers for the necessities
of the department, upon the terms and conditions
set forth in the preceding section, then he is hereby
authorized to impress [436] the services of as many
male slaves, not to exceed twenty thousand, as may
be required, from time to time, to discharge the duties
indicated in the first section of this act, according to
the laws regulating the impressment of slaves in other
cases: Provided, That slaves so impressed shall, while
employed, receive the same rations and clothing, in
kind and quantity, as slaves regularly hired from their owners, and
in the event of their loss, shall be paid for in the same manner,
and under the same rules established by the said impressment
laws: Provided, That if the owner have but one male slave
between the ages of eighteen and fifty, he shall not be impressed
against the will of said owner: Provided, further, that free negroes
shall be first impressed, and if there should be a deficiency, it
shall be supplied by the impressment of slaves according to the
foregoing provisions: Provided, further, That in making the
impressment not more than one of every five male slaves between
the ages of eighteen and forty-five shall be taken from any owner,
care being taken to allow in each case a credit for all slaves who
may have been already impressed under this act, and who
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are still in service, or have died, or been lost while in service. And
all impressments under this act shall be taken in equal ratio from
all owners in the same locality, city, county, or district.
XII. EXEMPTION.
April 21, 1862, ch. 74. [Repealed; see
182.] What persons are exempted.
180. [That all persons who shall be held to be unfit for military
service under rules to be prescribed by the Secretary of War; all in
the service or employ of the Confederate States; all judicial and
executive officers of the Confederate or State governments; the
members of both Houses of the Congress and of the Legislatures
of the several states and their respective officers; all clerks of the
officers of the State and Confederate governments allowed by law;
all engaged in carrying the mails; all ferrymen on post-routes; all
pilots and persons engaged in the marine service and in actual
service on river and railroad routes of transportation; telegraphic
operators, and ministers of religion in the regular discharge of
ministerial duties; all engaged in working iron mines, furnaces, and
foundries; all journeymen printers actually employed in printing
newspapers; all presidents and professors of colleges and
academies, and all teachers having as many as twenty scholars;
superintendents of the public hospitals, lunatic asylums, and the
regular nurses and attendants therein, and the teachers employed
in the institution for the deaf, and dumb, and blind; in each
apothecary-store now established and doing business, one
apothecary in good standing, who is a practical druggist;
superintendents and operatives in wool and cotton factories,
who may be exempted by the Secretary of War--shall be and are
hereby exempted from military service in the armies of the
Confederate States.]
Oct. 11, 1862 §1, ch. 45. [Repealed;
see 189.] Officers of the
Confederate and State governments.
State troops.
Railroad, telegraph, and boat employees.
Printers and publishers of newspapers
Ministers of religion, and others.
Physicians.
Mechanics.
Proviso.
Superintendents of hospitals, others.
Apothecaries.
Teachers.
Employees for the manufacture of arms, etc.
Proviso.
Ship-builders.
Miners of salt, iron, and lead.
Stock-raisers.
Owners or overseers on plantations of twenty negroes.
Duration of exemptions.
181. [That all persons who shall he held unfit for military
service in the field, by reason of bodily or mental incapacity or
imbecility, under rules to be prescribed by the Secretary of War;
the Vice-President of the Confederate States; the officers, judicial
and executive, of the Confederate and State governments,
Page 72
including postmasters appointed by the President
and confirmed by the Senate, and such clerks in
their offices as are allowed by the Postmaster-General,
and now employed, and excluding all other postmasters,
their assistants, and clerks; and except such state
officers as the several states may have declared, or
may hereafter declare by law to be liable to militia
duty; the members of both houses of the Congress of
the Confederate States and of the Legislatures of the
several states, and their respective officers; all clerks
now in the offices of the Confederate and State governments
authorized by law, receiving salaries or fees;
all volunteer troops, heretofore raised by any state
since the passage of the act entitled "An act further
to provide for the public defence," approved April
the sixteenth, eighteen hundred and sixty-two [143],
while such troops shall be in active service under
state authority: Provided, That this exemption shall
not apply to any person who was liable to be called into
service by virtue of said act of April the sixteenth,
eighteen hundred and sixty-two; all pilots and persons
engaged in the merchant marine service; the president,
superintendents, conductors, treasurer, chief clerk,
engineers, managers, station-agents, section-masters,
two expert track-hands to each section of eight miles,
and mechanics in the active service and employment
of railroad companies, not to embrace laborers, porters,
and messengers; the president, general superintendent,
and operators of telegraph companies, the
local superintendent and operators of said companies,
not to exceed four in number at any locality, but that
of the seat of government of the Confederate States;
the president, superintendents, captains, engineers'
chief clerk, and mechanics in the active service and
employment of all companies engaged in river and
canal navigation, and all captains of boats and engineers
therein employed; one editor of each newspaper
now being published, and such employees as the editor
or proprietor may certify, upon oath, to be indispensable
for conducting the publication; the public
printer, and those employed to perform the public
Page 73
printing for the Confederate and State governments; every minister
of religion authorized to preach according to the rules of his sect
and in the regular discharge of ministerial duties, and all persons
who have been and now are members of the society of Friends and
the association of Dunkards, Nazarenes, and Mennonists, in
regular membership in their respective denominations: Provided,
Members of the society of Friends, Nazarenes, Mennonists, and
Dunkards shall furnish substitutes or pay a tax of five hundred
dollars each into the public treasury [168]; all physicians who now
are, and for the last five years have been, in the actual practice of
their profession; all shoemakers, tanners, blacksmiths, wagon-makers,
millers and their engineers, millwrights, skilled and actually
employed as their regular vocation in the said trades, habitually
engaged in working for the public, and while so actually employed:
Provided, Said persons shall make oath in writing that they are so
skilled and actually employed at the time as their regular vocation in
one of the above trades, which affidavit shall only be prima facie
evidence of the facts therein stated: Provided further, That the
exemptions herein granted to persons by reason of their peculiar
mechanical or other occupation or employment, not connected
with the public service, shall be subject to the condition that the
products of the labor of such exempts, or of the companies and
establishments with which they are connected, shall be sold and
disposed of by the proprietors at prices not exceeding seventy-five
per centum upon the cost of production, or within a maximum to be
fixed by the Secretary of War, under such regulations as he may
prescribe: And it is further provided, That if the proprietors of any
such manufacturing establishments shall be shown, upon evidence
to be submitted to and judged of by the Secretary of War, to have
violated or in any manner evaded the true intent and spirit of the
foregoing proviso, the exemptions therein granted shall no longer be
extended to them, their superintendents, or operatives in said
establishments, but they, and each and every of them, shall be forthwith
Page 74
enrolled under the provisions of this act, and ordered into
the Confederate army, and shall, in no event, be again exempted
therefrom by reason of said manufacturing establishments or
employment therein; all superintendents of public hospitals, lunatic
asylums, and the regular physicians, nurses, and attendants
therein, and the teachers employed in the
institutions for the deaf, dumb, and blind; in each
apothecary-store, now established and doing business,
one apothecary in good standing, who is a practical
apothecary; superintendents and operators in wool
and cotton factories, paper-mills, and superintendents
and managers of wool-carding machines, who may be
exempted by the Secretary of War: Provided, The
profits of such establishments shall not exceed seventy-five
per centum upon the cost of production, to be
determined upon oath of the parties, subject to the
same penalties for violation of the provisions herein
contained as are hereinbefore provided in case of
other manufactories and mechanical employments;
all presidents and teachers of colleges, academies,
schools, and theological seminaries, who have been
regularly engaged as such for two years previous to
the passage of this act; all artisans, mechanics, and
employees in the establishments of the government
for the manufacture of arms, ordnance, ordnance
stores, and other munitions of war, saddles, harness,
and army supplies, who may be certified by the officer
in charge thereof as necessary for such establishments;
also, all artizans, mechanics, and employees
in the establishments of such persons as are or
may be engaged under contracts with the government
in furnishing arms, ordnance, ordnance stores, and
other munitions of war: Provided, That the Chief of
the Ordnance bureau, or some ordnance officer authorized
by him for the purpose, shall approve of the
number of the operatives required in such establishments;
all persons employed in the manufacture of
arms or ordnance of any kind by the several states,
or by contractors to furnish the same to the several
state governments, whom the governor or secretary
Page 75
of state thereof may certify to be necessary to the
same; all persons engaged in the construction of ships,
gunboats, engines, sails, or other articles necessary to
the public defence, under the direction of the Secretary of the
Navy; all superintendents, managers, mechanics, and miners
employed in the production and
manufacture of salt to the extent of twenty bushels
per day, and of lead and iron, and all persons engaged
in burning coke for smelting and manufacture of iron,
regular miners in coal-mines, and all colliers engaged
in making charcoal for making pig and bar iron, not
to embrace laborers, messengers, wagoners, and servants,
unless employed at works conducted under the
authority and by the officers or agents of a state, or
in works employed in the production of iron for the
Confederate States; one male citizen for every five
hundred head of cattle, for every two hundred and
fifty head of horses or mules, and one shepherd for
every five hundred head of sheep, of such persons as
are engaged exclusively in raising stock: Provided,
There is no white male adult not liable to do military
duty engaged with such person in raising said stock;
to secure the proper police of the country [one person
either as agent, owner, or overseer on each plantation
on which one white person is requited to be kept by
the laws or ordinances of any state, and on which
there is no white male adult not liable to do military
service, and in states having no such law, one person
as agent, owner, or overseer on each plantation of
twenty negroes, and on which there is no white male
adult not liable to military service: And, furthermore,
For additional police for every twenty negroes on two
or more plantations, within five miles of each other,
and each having less than twenty negroes, and on
which there is no white male adult not liable to military
duty, one person, being the oldest of the owners
or overseers on such plantations* ]; and such other
persons as the President shall be satisfied, on account
of justice, equity, or necessity, ought to be exempted,
* Repealed, see
183.
Page 76
are hereby exempted from military service in the armies of the
Confederate States; and also a regiment raised under and by
authority of the State of Texas, for frontier defence, now in the
service of said state, while in such service: Provided, further,
That the exemptions herein above enumerated and granted
hereby, shall only continue while the persons exempted are
actually engaged in their respective pursuits or occupations.
Ibid, §2 Repeal of Exemption act of April 21, 1862.
182. That the act entitled "An act to exempt certain persons
from enrolment for service in the armies of the Confederate States"
[180], approved the twenty-first of April, eighteen hundred and
sixty-two, is hereby repealed.
May 1, 1863 §1, ch. 80. [Repealed; see 189.] Repeal of so much of the act of Oct. 11, 1862, as relates to the exemption of persons on plantations.
183. [That so much of the act approved October eleventh, one
thousand eight hundred and sixty-two,
as exempts from military service "one person, either
as agent, owner, or overseer on each plantation on
which one white person is required to be kept by the
laws or ordinances of any state, and on which there
is no white male adult not liable to military service,
and in states having no such law, one person as agent,
owner, or overseer on each plantation of twenty
negroes, and on which there is no white male adult
not liable to military service," and also the following
clause in said act, to wit: "And furthermore, for additional
police for every twenty negroes on two or
more plantations, within five miles of each other, and
each having less than twenty negroes, and on which
there is no white male adult not liable to military
duty, one person, being the oldest of the owners or
overseers on such plantations," be and the same are
hereby repealed.
Ibid. §2, For the police and management of slaves.
184. For the police and management of slaves, there shall be
exempted one person on each farm or plantation, the sole
property of a minor, a person of unsound mind, a feme-sole, or a
person absent from home in the military or naval service of the
Confederacy, on which there are twenty or more slaves:
Provided, The person so exempted was employed and acting as
an overseer previous to the sixteenth of April, one
Page 77
thousand eight hundred and sixty-two, and there is no white male
adult on said farm or plantation who is not liable to military duty--
which fact shall be verified by the affidavits of said person and
two respectable citizens, and shall be filed with the enrolling
officer: And provided, The owner of such farm or plantation, his
agent or legal representative, shall make affidavit and deliver the
same to the enrolling officer, that, after diligent effort, no overseer
can be procured for such farm or plantation not liable to military
duty: Provided, further, That this clause shall not extend to any
farm or plantation on which the negroes have been placed by
division from any other farm or plantation since the eleventh day
of October, one thousand eight hundred and sixty-two: Provided,
further, That for every person exempted as aforesaid, and during
the period of such exemption, there shall be paid annually into the
public treasury, by the owners of such slaves, the sum of five
hundred dollars.
Ibid, §3. For the production of grain or provisions.
185. Such other persons shall be exempted as the President
shall be satisfied ought to be exempted in districts of country
deprived of white or slave labor indispensable to the production
of grain or provisions necessary for the support of the
population remaining at home, and also on account of justice,
equity, and necessity.
Ibid, §4. State officers exempted by the governor.
186. In addition to the state officers exempted by the act of
October eleventh, one thousand eight hundred and sixty-two
[181], there shall also be exempted all state officers whom the
governor of any state may claim to have exempted for the due
administration of the government and laws thereof; but this
exemption shall not continue in any state after the adjournment
of the next regular session of its legislature, unless such
legislature shall, by law, exempt them from military duty in the
Provisional Army of the Confederate States.]
April 14, 1863, §1. ch. 20. Mail contractors.
187. That the contractors for carrying the mails of the
Confederate States shall be exempt from the performance of
military duty in the armies of the Confederate States
from and after the passage of this act,
Page 78
during the time they are such contractors: Provided, That no
more than one contractor shall be exempt on any one route, and
that no more than one member of any firm of contractors shall be
exempt, and no contractor on any route of less than ten miles in
length, and on which the mail is carried on horse, shall be exempt
under this act; and if one or more members of any such firm be
exempt, from age or other cause, from the performance of military
duty, the other member or members of such firm shall not be
exempt by this act on account of being mail contractors: And
provided, further, That no person to whom a contract for carrying
the mails may be transferred, with the consent of the Postoffice
department, after the passage of this act, shall be exempt from
military service on that account.
Ibid, §2. Drivers of mail-coaches etc.
188. That the drivers of post-coaches and hacks for carrying
the mails, on all routes where the weight of the mails requires that
they should be carried in coaches or hacks, shall be exempt from
military service in the armies of the Confederate States, from and
after the passage of this act, so long as they continue to be
employed as such drivers: Provided, The contractor by whom
any such driver is employed shall take and subscribe an oath, to
be furnished to the enrolling officer, that the weight of the mails
on his route requires the use of coaches or hacks for their
conveyance, and that he has not a greater number of drivers
employed in his service than are indispensable to enable him to
fulfil his contract for carrying the mails, and that he will not,
while a contractor, employ a greater number of drivers than may
be indispensably necessary for that purpose, and that he will give
notice to the enrolling officer when any such driver ceases to be in
his employment.
Feb. 17, 1864, §10, ch. 65. Repeal of former laws.
189. That all laws granting exemptions from military service
be and the same are hereby repealed, and hereafter none shall be
exempted except the following:*
* For persons exempt
on account of religious opinions, see 168.
Page 79
Who exempt from service. Persons unfit for service.
I. All who shall be held unfit for military service,
under rules to be proscribed by the Secretary of War.
Certain Confederate and State officers
II. The Vice-President of the Confederate States; the members and
officers of Congress and of the several State Legislatures, and
such other Confederate and State officers as the President or
the Governors of the respective states may certify to be
necessary for the proper administration of the Confederate or
State governments, as the case may be.
Ministers of religion, editors, etc., etc.
III. Every minister of religion authorized to preach according to
the rules of his church, and who, at the passage of this act, shall
be regularly employed in the discharge of his ministerial duties;
superintendents and physicians of asylums of the deaf, dumb, and blind, and of
the insane; one editor for each newspaper being published at the
time of the passage of this act, and such employees as said editor
may certify on oath to be indispensable to the publication of such
newspaper; the public printer of the Confederate and
State governments, and such journeymen printers as the said
public printer shall certify on oath to be indispensable
to perform the public printing; one skilled
apothecary in each apothecary-store, who was doing business as
such apothecary on the tenth day of October, eighteen hundred
and sixty-two, and has continued said business, without
intermission, since that
period; all physicians over the age of thirty years, who now are,
and for the last seven years have been,
in the actual and regular practice of their profession--but the term
physician shall not include dentists; all presidents and teachers of
colleges, theological seminaries, academies, and schools, who have
been regularly
engaged as such for two years next before the passage of this act:
Provided, That the benefit of this exemption shall extend to
those teachers only whose
schools are composed of twenty students or more; all
superintendents of public hospitals, established by law
before the passage of this act, and such physicians and nurses
therein as such superintendent shall certify on
oath to be indispensable to the proper and efficient management
thereof.
Page 80
Overseers, etc.
IV. There shall be exempt one person as overseer or
agriculturist on each farm or plantation upon which there are now,
and were, upon the first day of January last, fifteen able-bodied
field-hands between the ages of sixteen and fifty, upon the
following conditions: 1. This exemption shall only be granted in
cases in which there is no white male adult on the farm or
plantation not liable to military service, nor unless the person
claiming the exemption was, on the first day of January, eighteen
hundred and sixty-four, either the owner and manager or overseer
of said plantation; but in no case shall more than one person be
exempted for one farm or plantation. 2. Such person shall first
execute a bond, payable to the Confederate States of America, in
such form, and with such security, and in such penalty, as the
Secretary of War may prescribe, conditioned that he will deliver
to the government, at some railroad depot, or such other place or
places as may be designated by the Secretary of War, within
twelve months then next ensuing, one hundred pounds of bacon,
or, at the election of the government, its equivalent in pork, and
one hundred pounds of net beef (said beef to be delivered on foot)
for each able-bodied slave on the farm or plantation within the
above said ages, whether said slaves be worked in the field or not;
which said bacon or pork and beef shall be paid for by the
government at the prices fixed by the commissioners of the state
under the Impressment act: Provided, That when the person thus
exempted shall produce satisfactory evidence that it has been
impossible for him, by the exercise of proper diligence, to furnish
the amount of meat thus contracted for, and leave an adequate
supply for the subsistence of those living on said farm or
plantation, the Secretary of War shall direct a commutation of the
same to the extent of two-thirds thereof in grain or other
provisions, to be delivered by such person as aforesaid, at
equivalent rates. 3. Such person shall further bind himself to sell
the marketable surplus of provisions and grain now on hand, and
which he may raise from year to year, while his exemption
continues,
Page 81
to the government or to the families of soldiers, at prices fixed by
the commissioners of the state under the Impressment act:
Provided, That any person, exempted as aforesaid, shall be
entitled to a credit of twenty-five per cent. on any amount of
meat which he may deliver within three months from the passage
of this act: Provided, further, That persons coming within
the provisions of this exemption shall not be deprived thereof by
reason of having been enrolled since the first day of February,
eighteen hundred and sixty-four.
Exemption or details for production of grain or provisions.
In addition to the foregoing exemptions, the Secretary of War,
under the direction of the President, may exempt or detail such
other person as he may be satisfied ought to be exempted on
account of public necessity, and to insure the production of grain and provisions for the
army and the families of soldiers. He may also grant exemptions
or details on such terms as he may prescribe, to such overseers,
farmers, or planters as he may be satisfied will be more useful to the country in
the pursuits of agriculture than in the military service: Provided,
That such exemptions shall cease whenever the farmer, planter,
or overseer shall fail diligently to employ, in good faith, his own skill, capital, and
labor exclusively in the production of grain and provisions, to be
sold to the government and the families of soldiers at prices not
exceeding those fixed at the time for like articles by the commissioners of
the state under the Impressment act.
Officers and employees of certan railroad companies.
V. The president, treasurer, auditor, and superintendent of any
railroad company engaged in transportation for the government,
and such officers and employees thereof as the president or
superintendent shall certify on oath to be indispensable to the efficient operation
of such railroad: Provided, That the number
of persons exempted by this act on any railroad shall not exceed
one for each mile of such road in actual use for military
transportation, and said exempts shall
be reported by name and description, with the names of any who
may have left the employment of said company, or who may
cease to be indispensable to the efficient operation of its road, at
least once a month,
Page 82
to the Secretary of War, or such officer as he may designate for
that purpose: And provided, further, That such president or
superintendent shall, in each such monthly report, certify on
oath that no person liable to military service has been employed
by his company since the passage of this act, in any position in
which it was practicable to employ one not liable to military
service, and capable of performing efficiently the duties of such
position. And in cases where railroads have fallen into the hands
of the enemy, and a portion of the rolling stock of such roads is
being used on other roads not in the enemy's hands, the president
and superintendent of said first-named roads shall be exempt.
Mail contractors.
VI. That nothing herein contained shall be construed as
repealing the act approved April fourteenth, eighteen hundred
and sixty-three, entitled an act to exempt contractors for carrying
the mails of the Confederate States, and the drivers of post-coaches
and hacks [187, 188] from military service: Provided,
That the exemptions granted under this act shall only continue
whilst the persons exempted are actually engaged in their
respective pursuits or occupations.
XIII. RENDEZVOUS.
Oct. 11, 1862 §1, ch. 41. For examination of persons enrolled.
190. That there shall be established in each county, parish, or
district, and in any city in a county, parish, or district in the
several states, a place of rendezvous for the persons in said
county, district, parish, or city enrolled for military duty in the
field, who shall be there examined by one or more surgeons, to be
employed by the government, to be assigned to that duty by the
President, on a day of which ten days' notice shall be given by
said surgeon, and from day to day next thereafter, until all who
shall be in attendance for the purpose of examination shall have
been examined; and the decision of said surgeons, under
regulations to be established by the Secretary of War, as to the
physical and mental capacity of any such person for military
duty in the field, shall be final; and those only thus ascertained to
be fit for military duty in the
Page 83
field shall be required to assemble at camps of instruction [176].
Ibid, §2. Board of examination.
191. There shall be assigned to each congressional district in
the several states three surgeons, who shall constitute a board of
examination in such district for the purpose specified in the
foregoing section, any one or more of whom may act at any place
of rendezvous in said district.
Ibid, §3. Absence of enrolled persons on account of sickness.
192. When it shall appear to any surgeon attending such place
of rendezvous, by the certificate of a respectable physician
resident in that county, district, parish, or city in a county,
parish, or district, that any enrolled person therein is unable to
attend on account of sickness, it shall be the duty of said surgeon
to file said certificate with the commandant of the nearest camp
of instruction; and if the person named therein shall not, within a
reasonable time, report himself for examination at said camp of
instruction, or his continued disability certified by the certificate
of a respectable physician of his county, city, district, or parish,
he shall be held liable as absent without leave of his commanding
officer.
XIV. LOCAL DEFENCE AND SPECIAL SERVICE.
Aug. 21, 1861 §1. ch. 28. Defence of exposed localities.
193. That the President be and he is hereby authorized to
accept the services of volunteers of such kind and in such
proportion as he may deem expedient, to serve for such time as
he may prescribe, for the defence of exposed places or localities,
or such special service as he may deem expedient.
Ibid, §2. Muster-roll to set forth the services.
Pay.
194. And such forces shall be mustered into the service of the
Confederate States, for the local defence or special service
aforesaid, the muster-roll setting forth distinctly the services to
be performed; and the said volunteers shall not be considered in
actual service until thereunto specially ordered by the President.
And they shall be entitled to pay or subsistence only for such
time as they may be on duty under the orders
of the President or by his direction.
Ibid, §3. How organized.
Field-officers
195. Such volunteer forces, when so accepted and ordered into
service, shall be organized in accordance
Page 84
with and subject to all the provisions of the act entitled "An act
to provide for the public defence," approved March 6, 1861 [91,
92, 95, 96], and may be attached to such divisions, brigades,
regiments, or battalions as the President may direct, and when
not organized into battalions or regiments before being mustered
into service, the President shall appoint the field-officers of the
battalions and regiments when organized as such by him.
Oct. 13, 1862 ch. 63. Companies composed of persons not liable to military duty.
Muster-roll.
Persons of any age in certain states may form part of such companies.
Oath of allegiance.
196. That for the purpose of local defence in any
portion of the Confederate States, any number of persons
not less than twenty, who are over the age of
forty-five years, or otherwise not liable to military
duty, may associate themselves as a military company,
elect their own officers, and establish rules and regulations
for their own government, and shall be considered
as belonging to the Provisional Army of the
Confederate States, serving without pay or allowances,
and entitled, when captured by the enemy, to
all the privileges of prisoners of war: Provided, That
such company shall, as soon as practicable, transmit
their muster-roll, or a list of the names of the officers
and privates thereof, to the governor of the state, the
commanding general of the department, or any brigadier-general
in the State or Confederate service, to
be forwarded to the Secretary of War; but the President
or the commander of the military district may,
at any time, disband such companies: Provided, That
in the states and districts in which the act entitled
"An act to further provide for the public defence,"
approved April the sixteenth, eighteen hundred and
sixty-two [143, 145], and the acts amendatory thereof,
have been suspended, persons of any age, resident
within such states or districts, may volunteer and
form part of such companies so long as such suspension may
continue: Provided, That no person shall
become a member of said company until he shall have
first taken the oath of allegiance to the Confederate
States of America, in writing, a copy of which shall
be filed with the muster-roll of said company as above
prescribed.
Page 85
March 6, 1861. §10, ch. 26. Armed vessels for seaboard and general defence.
197. That the President be and he is hereby authorized to
purchase or charter, arm, equip, and man such merchant vessels
and steamships or boats as may be found fit or easily converted
into armed vessels, and in such number as he may deem
necessary for the protection of the seaboard and the general
defence of the country.
Jan. 14, 1862 ch. 39. Corps for service on the western waters.
198. That the President be and he is hereby authorized to raise
a corps for the temporary and special service on the western
waters, to cause to be enlisted a number of men not exceeding
six thousand, and of such commissioned and non-commissioned
officers, and of such rank, either naval or military, as the
President may deem necessary, who shall severally receive such
pay and allowances as he may determine.
Aug. 30, 1861 ch. 56. Floating defences for protection of Mississippi river.
199. That the President be and he is hereby authorized to
cause such floating defences as he may deem best adapted to the
protection of the Mississippi river against a descent of iron-plated
steam gunboats, to be constructed or prepared with the
least possible delay.
March 24, 1862. §1, ch. 8. Appropriation for defence of Bay of Mobile.
200. That the sum of one million and two hundred thousand
dollars is hereby appropriated for the further defence of the Bay
of Mobile and the Alabama river, to be expended at the
discretion of the President, by the Secretary of the Navy; and
that the disbursement of said money shall be made in the manner
provided by law for appropriations for the navy.
Ibid, §2. Corps for defence of Bay of Mobile and Alabama river.
201. That the President is hereby authorized to raise a corps
for the temporary and special service provided for in the first
section of this act in the Bay of Mobile and the Alabama river,
consisting of a number of men not exceeding six thousand men,
and of such commissioned and non-commissioned officers, and of
such rank as the President may deem necessary, who shall
severally receive such pay and allowance. as he may determine.
Page 86
XV. QUARTERMASTER,* COMMISSARY, AND MEDICAL
DEPARTMENTS.
(See Regular Army.)
March 6, 1861. §9, ch. 26. Appointment of additional officers for service with
militia or volunteers.
202. That when volunteers or militia are called into the service
of the Confederate States in such numbers that the officers of the
Quartermaster, Commissary, and Medical departments which
may be authorized by law for the regular service, are not
sufficient to provide for the supplying, quartering, transporting,
and furnishing them with the requisite medical attendance, it shall be
lawful for the President to appoint, with the advice and consent
of the Congress, as many additional officers of said departments
as the service may require, not exceeding one commissary and one
quartermaster for each brigade, with the rank of major, and one
assistant quartermaster with the rank of captain, one assistant
commissary with the rank of captain, one surgeon and one
assistant surgeon for each regiment; the said quartermasters and
commissaries, assistant quartermasters and commissaries, to give
bonds, with good sureties, for the faithful performance of their
duties--the said officers to be allowed the same pay and
emoluments as shall be allowed to officers of the same grade in
the regular service, and to be subject to the Rules and Articles of
War, and to continue in service only so long as their services may
be required in connection with the militia or volunteers.
Feb. 15, 1862 ch. 80. Additional quartermasters and commissaries for permanent
posts and depots.
203. That in addition to the number of quartermasters, assistant
quartermasters, commissaries, and assistant commissaries now
allowed by law, the President
shall have authority to appoint as many of said officers as shall,
in his discretion, be deemed necessary at permanent posts and
depots--said appointments to terminate at the close of the war, or
sooner, if the services of the officer can be advantageously
dispensed with: Provided [204], That no quartermaster,
assistant quartermaster, commissary, or assistant commissary be
authorized to employ a clerk; but the commanding officer
* Quartermasters
empowered to administer oaths in certain cases, 379. Quartermasters to make deduction from pay for absence without leave, 326.
Page 87
of quartermasters, assistant quartermasters, commissaries, or
assistant commissaries shall detail from the ranks under his
command such person or persons as may be necessary for
service in the offices of said quartermasters, assistant
quartermasters, commissaries and assistant commissaries.]
April 22, 1863, §1, ch. 36. Persons liable to military service not to be appointed as clerks.
Details for service.
204. That the act entitled "An act to provide for an
increase of the Quartermaster and Commissary departments"
[203], approved February fifteenth, eighteen
hundred and sixty-two, be and the same is hereby
amended by striking out the proviso at the end of
the same, and inserting in lieu thereof the following:
Provided, That no quartermaster, assistant quartermaster,
commissary, or assistant commissary be authorized
to employ as a clerk any one liable to military
service; and the commanding officer of quartermasters,
assistant quartermasters, commissaries, or assistant
commissaries may detail from the ranks under his
command such person or persons as may be necessary
for service in the offices of said quartermasters, assistant
quartermasters, commissaries, and assistant commissaries:
Provided, That only disabled soldiers shall
be so detailed, while one can be found for such service.
[172 et seq.]
Dec. 18, 1861 ch. 13. Date of rank and pay.
205. That all surgeons, assistant surgeons, quartermasters,
commissaries, and assistant quartermasters and commissaries,
appointed and commissioned in the Provisional Army, and who
may have commenced their service before receiving their
commissions, shall be entitled to take rank and receive pay from
the date when they actually commenced to perform their
respective duties with troops in the service of the Confederacy.
See, also, 387.]
Jan. 15, 1862 ch. 40. Settlement of claims.
206. That the Secretary of War be and he is hereby authorized
to audit and settle the claims of all assistant quartermasters-general,
commissaries-general, and surgeons, who discharged the
duties of said offices from the date of the transfer of the
battalions or regiments to which they were attached, to the time
of the appointment of their successors by the Confederate government:
Page 88
Provided, Said officers held commissions from their
respective states, and discharged the duties of said offices under
said commissions, and no other officers during the time were
appointed or discharged the duties of the same.
Aug. 14, 1861 ch. 21. Surgeons for hospitals.
207. That the President be and he is hereby authorized
to appoint in the Provisional Army as many surgeons and
assistant surgeons, for the various hospitals of the Confederacy,
as may be necessary.
May 1, 1863 §1, ch. 61. Office of regimental commissary abolished.
208. That the office of regimental commissary be and the same
is hereby abolished, and the duties heretofore devolved by law
upon said commissary shall be performed by the regimental
quartermaster: Provided, That said quartermaster shall, if
required by the Secretary of War, execute a new bond, with such
additional penalty as he may require.
Ibid, §2. Commissary sergeant.
209. That the commanding officer of a regiment or
battalion shall, when the good of the service in his opinion
requires it, detail a non-commissioned officer or private as
commissary-sergeant, who shall be assigned to the regimental
quartermaster to perform the duties now performed by
commissary-sergeants, and the non-commissioned officer or
private so detailed shall receive as extra pay twenty dollars per
month.
Ibid, §3. Supplies; how drawn by regimental quartermasters acting as commissaries.
210. That the regimental quartermasters acting as
commissaries shall draw supplies for their respective regiments
on provision returns, form fourteen, and not in bulk; and when
detached from their brigades, so that it is impracticable to draw
supplies from the brigade commissary, it shall be the duty of the
nearest brigade or post commissary to supply his regiment on
provision return fourteen.
Ibid, §4. Sales; how to be made.
211. Sales to officers shall be made by the brigade
commissaries to which such officers are attached.
Ibid, §5. Quartermasters and commissaries permanently detached.
212. That quartermasters and commissaries, assistant
quartermasters and assistant commissaries who become
permanently detached from divisions, brigades, or regiments to
which they are originally appointed and assigned respectively,
whether by resignation or otherwise, shall cease to be officers of
the army, and their names shall be dropped from the rolls of the
army
Page 89
unless reassigned by a special order of the Secretary of War.
Ibid, §6. Orders to be issued by Secretary of War.
213. That it shall be the duty of the Secretary of War to issue
the necessary orders for the earliest practical enforcement of the
provisions of this law, and that he shall communicate to the
Chiefs of the Subsistence and Quartermaster's bureaus the
names of the commissaries and assistant commissaries,
quartermasters and assistant quartermasters retained and dropped
from the rolls under this act.
Ibid, §7. Repeal of conflicting laws.
214. That all laws and parts of laws contravening the
provisions of this act be and the same are hereby repealed.
May 1, 1863 §1, ch. 81. Public moneys not to be invested in property on
private account, nor loaned.
215. That no officer charged with the safe-keeping, transfer, or
disbursement of public moneys shall convert to his own use, or
invest in any kind of property or merchandize, on private
account, or lend, with or without interest, any portion of the
public moneys entrusted to him for safe-keeping, transfer,
disbursement, or any other purpose.
Ibid, §2. Officers not to traffic nor speculate in articles of food,
clothing, materials of war, etc.
216. That no officer charged with the safe-keeping, transfer, or
disbursement of public moneys, or charged with or assigned to
the duty of purchasing for the government, or any department
thereof, shall buy, trade, traffic, or speculate in, either directly or
indirectly, for the purpose of gain to himself or others, by resale
or otherwise, any article of food or clothing, or material of which
the same is made, or which enters into or constitutes a part of the
same, or any material of war or article whatsoever which is or
may be required to be purchased for the use of the army or the
prosecution of the war.
Ibid, 3. Receipts in blank prohibited. What receipts shall state.
217. No officer shall take a receipt in blank for any article or
articles purchased by him for the government
or any department thereof; and every receipt shall set forth
the true amount paid, and on what account; and when payment is
made on account of property purchased, the receipt shall set
forth the name of the person from whom such property was
purchased, and the place of his residence, the thing or things
purchased by items, number, weight, or measurement, as
Page 90
may be customary in the particular case, the price thereof, and
the date of payment.
Ibid, §4. Transportation of private property.
218. No officer who is in charge of transportation, or who is
empowered to grant the same, shall forward by government
conveyance, or at the expense of government, or to the exclusion
or delay of government freight, any commodity or property of
any kind, unless the same belongs to the government or some
department thereof, except as authorized by law.
Ibid. §5. Penalty on conviction before a court-martial or military court.
219. Any officer who shall violate any provision in the
foregoing sections shall, upon a conviction before a court-martial
or military court, be cashiered, and placed in the ranks as a
private, to serve during the war: Provided, That nothing herein
contained shall impair the civil remedy which the government
may have against any officer or his sureties for fraud, peculation,
or misapplication of the public moneys entrusted to him by the
government.
Ibid, §6. Indictment, fine, and imprisonment.
Civil remedy
Peace officers to have power of commitment
Charge to grand juries
220. That any person in the employment or service of the
government as aforesaid, and all other persons coming within the
purview of this act, who shall violate any of the provisions of
the foregoing sections, shall be liable to indictment, and fined in a
sum not less than one thousand dollars, and imprisoned not less
than one year nor longer than five years, to be imposed by the
judge or jury trying the cause, according to the course of judicial
proceeding in force in the several states: Provided,
The provisions of this act shall in nowise
interfere with or impair the civil remedy which the government
may have against any of said officers, or their securities or
employees, for frauds, peculations, or misapplication of the
moneys entrusted to them respectively by the Confederate
States: Provided, also, That all conservators of the peace, who,
by the laws of the several states, have jurisdiction to commit or
bind over offenders for breaches of the criminal laws of the state
in which they may reside, shall have power to commit or bind
over, in a sufficient recognizance offenders against the provisions
of this law, to appear at the next term of the district court of the
Confederate States within the jurisdiction of which
Page 91
the offence was committed, for trial, in the same manner
and under the same rules as if such preliminary
trial were had before the judge of such district court;
and the judges of the Confederate courts having jurisdiction
of the offences defined by this act shall, at the
commencement of each session of their respective
courts, give this act and its provisions specially in
charge to the different grand juries [35].
XVI. SUPPLIES, CLOTHING,* AND PROVISIONS.
March 6, 1861, §3, ch. 26. Volunteers to furnish their own clothing.
221. That said volunteers [88] shall furnish their own clothes,
and, if mounted men, their own horses and horse equipments;
and, when mustered into service, shall be armed by the states
from which they come, or by the Confederate States of America.
Ibid, §4. Money in lieu of clothing.
222. That said volunteers shall, when called into actual service,
and while remaining therein, be subject to the Rules and Articles
of War; and instead of clothing, every non-commissioned
officer and private in any company shall be entitled, when called
into actual service, to money in a sum equal to the cost of
clothing of a non-commissioned officer or private in the regular
army of the Confederate States of America [226].
May 21, 1861 §2, ch. 39. Twenty-one dollars in lieu of six months' clothing.
Price of clothing received to be deducted.
223. That the fourth section of the act of March 6, 1861, "to
provide for the public defence" [222], be amended as follows,
viz: That there shall be allowed to each volunteer, to be paid to
him on the first muster and pay rolls after being received and
mustered into the service of the Confederate States, the sum of
twenty-one dollars, in lieu of clothing for six months [226]; and
thereafter the same allowance in money at every subsequent
period of service for six months in lieu of clothing: Provided,
That the price of all 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 stoppage on the muster and pay
rolls; and that all accounts arising
* For clothing for
the sick and wounded in hospitals, see 410. Yearly
allowance of clothing to enlisted men, 79.
Page 92
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.
Aug. 30, 1861 §1, ch. 51. Clothing to be furnished to the entire forces of
the Confederate States.
Clothing furnished by the states to be paid for.
224. That the Secretary of War be and he is hereby
authorized and required to provide, as far as possible,
clothing for the entire forces of the Confederate States,
and to furnish the same to every regiment or company
upon the requisition of the commander thereof, the
quantity, quality, and kind thereof to be established
by regulation of the department, to be approved by
the President; and in case any state shall furnish to
its troops and volunteers in the Confederate service
such clothing, then the Secretary of War is required
to pay over to the governor of such state the money
value of the clothing so furnished.
Ibid, §2. Clothing when furnished by the troops.
225. The commander of every volunteer company shall have
the privilege of receiving commutation for clothing at the rate of
twenty-five dollars per man for every six months, when they
shall have furnished their own clothing.
Oct. 8, 1862 ch. 30. Law providing commutation for clothing repealed.
Clothing in kind.
226. That so much of the existing law [223] as provides
commutation for clothing to the soldiers in the service of the
Confederacy, be and the same is hereby repealed; and hereafter
the Secretary of War shall provide in kind to the soldiers,
respectively, the uniform clothing prescribed by the regulations
of the Army of the Confederate States; and should any balance of
clothing be due to any soldier at the end of the year, the money
value of such balance shall be paid to such soldier, according to
the value of such clothing fixed and announced by order from the
War department.
Oct. 8, 1862 §1, ch. 31. Importations of machinery and materials for manufacture
of clothing or shoes.
227. That the President is hereby authorized to import,
duty free, cards or card-cloth, or any machinery
or materials necessary for increasing the manufacture
of clothing for the army, or any articles necessary for
supplying the deficiency of clothing or shoes, or materials for
shoes for the army.
Ibid, §2. Machinery may be worked, or leased, or sold.
228. That any machinery, or parts of machinery, or materials
imported as aforesaid, may be worked on
Page 93
government account, or leased, or sold, at the discretion of the
President.
Ibid, §3. Privileges extended to companies or individuals
229. That the President may extend the privileges of this act
to companies or individuals, subject to such regulations as he
may prescribe.
Ibid, §4. Color and quality of clothing.
230. That the clothing required to be furnished to
the troops of the Provisional Army under any existing
law may be of such kind, as to color and quality,
as it may be practicable to obtain, any law to the contrary
notwithstanding.
Oct. 9, 1862 §1, ch. 37. Detail of persons for manufacture of shoes.
231. That the President be and he is hereby authorized, on the
requisition of the Quartermaster-General, to detail from the army
persons skilled in the manufacture of shoes, not to exceed two
thousand in number; and it shall be the duty of the
Quartermaster-General to place them, without delay, at suitable
points, in shops, under proper regulations prescribed by him, and
employ them diligently in the manufacture of shoes for the army.
Ibid, §2. Pay.
232. That soldiers detailed under the provisions of this act
shall be entitled to receive pay for extra duty, and also thirty-five
cents per pair for shoes manufactured by them severally, in
addition to regular pay and rations.
April 30, 1863, §1, ch. 51. Militia; commutation for clothing.
233. That there shall be allowed and paid to the militia of any
state who have been, or may hereafter be, called into the service
of the Confederate States, under authority of existing laws, to
each private and non-commissioned officer commutation for
clothing for the time of actual service, at the rate of forty-two dollars
a year, up to the thirtieth day of August, eighteen hundred
and sixty-one, and after that date at the rate of fifty dollars per
annum, deducting therefrom the value of any clothing which may
have been issued them, or commutation therefor which may
have been allowed them.
Ibid, §2. Claims for commutation; how settled.
234. All claims for commutation under authority of this act
made by any of the militia who have been heretofore paid, shall
be settled by the Second Auditor, with the approval of the
Comptroller of the Treasury.
Page 94
Aug, 30, 1861 ch. 50. Purchase of steamer, and supplies of leather, shoes, etc.
235. That the sum of one million of dollars be and the same
is hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for the purchase of a
steamer, and such supplies of leather, shoes, flannel, and woollen
clothing and blankets for the use of the troops in the service of
the Confederate States--the said appropriation to be expended
under the direction of the President.
Aug. 31, 1861 Res. 8. Bread in lieu of flour.
236. That the Secretary of War be and he is hereby
directed to furnish to such of our troops in the field as desire it,
upon requisition made, and whenever practicable, in lieu of the
usual ration of flour, an equivalent of well-baked bread; to this
end he is authorized to establish bakeries in such numbers and at
such points as may be necessary, or to make contracts for the
supply of such bread.
Fresh vegetables.
Resolved, That a daily ration of fresh vegetables be
furnish[ed] to all troops whenever the same can be
provided at reasonable cost and charges to the government.
Aug. 31, 1861 ch. 68. Private contributions.
237. That the Secretary of War be authorized and
required to make all necessary arrangements for the reception and
forwarding of clothes, shoes, blankets, and other articles of
necessity that may be sent to the army by private contribution.
Feb. 17, 1864 §1, ch. 45. Rations to officers.
238. That from and after the passage of this act all commissioned
officers of the armies, whilst on duty in the field, or in the naval
service, whilst afloat, of the Confederate States, shall be entitled
to one ration in kind each, in quantity and quality the same as are
now allowed by law to privates, and shall draw and receive the
same under such regulations as may be prescribed by the
Secretary of War.
Ibid, §2. Purchase of clothing and cloth.
239. All commissioned officers of the armies of the
Confederate States shall be allowed to purchase clothing and cloth
for clothing from any quartermaster at the price which it cost the
government, all expenses included: Provided, That no
quartermaster shall be allowed to sell to any officer any clothing
which would be proper to issue to privates, until all privates
entitled
Page 95
to receive the same shall have been first supplied:
Provided, That the officer offering to purchase shall give his
certificate on honor that the articles are necessary for his own
personal comfort and use, and in no case shall more than one suit
per annum be allowed to be so purchased by an officer:
Provided, That no law or army regulation shall hereafter be
construed to allow an officer to purchase or draw from
subsistence stores more than one ration a day, or for less price
than the cost thereof, including transportation.
Ibid, §3. Limitation as to forage.
240. No officer under the rank of brigadier-general shall
hereafter be entitled to forage or commutation for forage for more
than one horse, except when on service in the field.
Feb. 17, 1864 ch. 71. Rations of tobacco to enlisted men
241. That there shall be furnished to every enlisted man in the
service of the Confederate States one ration of tobacco, under
such regulations as the Secretary of War may establish.
XVII. TRANSPORTATION.*
May 21, 186 §1. ch. 39. Mileage in lieu of travelling pay, subsistence, forage,
and undrawn clothing.
Proviso.
242. When transportation can not be furnished in
kind, the discharged soldier shall be entitled to receive
ten cents per mile in lieu of all travelling pay, subsistence,
forage, and undrawn clothing, from the place of
discharge to the place of his enlistment or enrolment,
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-commissioned officers,
musicians, artificers, farriers, black-smiths,
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 enrolment to the place of general rendezvous
* For transportation
for men recruited for three years or the war, 106, 132.
For officers authorized to raise commands, 107.
For re-enlisted twelve months' men, 121.
For state agents to visit troops, 345.
For hospital supplies, 409.
For sick and wounded soldiers, 414.
Of private property by persons in charge of government transportation, 218.
Of sick and wounded soldiers after discharge from hospital, 422.
Page 96
or point where mustered into service: 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
from the date of his enrolment to the date of his discharge, and
also for every twenty miles' travel from the place of his discharge
to the place of his enrolment.
Feb. 7, 1863 §1, ch. 2. For persons
to whom furloughs have been allowed.
243. That non-commissioned officers and privates who have
been mustered into service for the war, and to whom furloughs
may be granted for not more than sixty days, shall be entitled to
transportation home and back: Provided, That this allowance
shall only be made once during the term of enlistment of such
non-commissioned officers and privates.
XVIII. COOKS AND NURSES.
[See Hospitals, 411, 413.]
Aug. 21, 1861 §1, ch. 29. Employment of.
244. That the better to provide for the sick and wounded, the
Secretary of War is authorized to direct the employment, when
deemed necessary, of nurses and cooks, other than enlisted men
or volunteers--the persons so employed being subject to military
control, and in no case to receive pay above that allowed to
enlisted men [75] or volunteers.
Ibid, §2. Appropriation.
245. That there be appropriated for the pay of the nurses and
cooks provided for in the above section, one hundred and thirty
thousand dollars.
April 21, 1862, §1, ch. 64. Cooks for the use of companies; their duties.
246. That hereafter it shall be the duty of the captain or
commanding officer of his company to enlist four cooks for the
use of his company, whose duty it shall be to cook for such
company--taking charge of the supplies, utensils, and other
things furnished therefor, and safely keep the same, subject to
such rules and regulations as may be prescribed by the War
department or the colonel of the regiment to which such
company may be attached.
Ibid, §2. Cooks may be white or black--free or slave.
Pay.
247. That the cooks so directed to be enlisted may be white
or black, free or slave persons: Provided, however, That no
slave shall be so enlisted without
Page 97
the written consent of his owner; and such cooks shall be enlisted
as such only, and put on the muster-roll and paid at the time and
place the company may or shall be paid off, twenty dollars per
month to the chief or head-cook, and fifteen dollars per month
for each of the assistant cooks, together with the same allowance
for clothing, or the same commutation therefor, that may be
allowed to the rank and file of the company [226].
XIX. CHAPLAINS.
May 3, 1861 §1, ch. 1. Appointment of.
248. That there shall be appointed by the President such
number of chaplains, to serve with the armies of the Confederate
States during the existing war, as he may deem expedient; and
the President shall assign them to such regiments, brigades, or
posts as he may deem necessary; and the appointments made as
aforesaid shall expire whenever the existing war shall terminate.
Ibid, §2. Pay.
249. The monthly pay of said chaplains shall be
[eighty-five dollars; and said pay shall be in full of all
allowances whatever] [251, 252].
May 16, 1861 ch. 22. Pay reduced.
250. That 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 per month] [252].
Aug. 31, 1861 ch. 69. Rations.
251. That chaplains in the army be and they are
hereby allowed the same rations as privates.
April 19, 1862, ch. 56. Pay and rations.
252. That hereafter the pay of chaplains in the army shall
be eighty dollars per month, with rations as now provided by
law.
Jan. 22, 1864 ch. 13. Forage allowed.
253. 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.
XX. ENGINEERS AND ENGINEER
TROOPS.*
[See Engineers Regular Army, 50.]
Dec. 31, 1861 ch. 29. Appointment; rank, pay, and emoluments of officers of engineers.
254. That the President be and he is hereby authorized to
appoint officers of engineers in the Provisional
* For appointment of
officers of engineer troops during recess of Senate, see 486.
Page 98
Army, to a number not exceeding fifty, and of rank not higher
than captain, whose pay [68] and emoluments shall be the same
as those allowed for officers of a like grade in the Permanent
Army of the Confederacy, and whose appointments shall expire
at the end of the pending war.
April 21, 1862, ch. 65. Additional officers.
255. That the President be and he is hereby authorized to
appoint, with the advice and consent of the Senate, an additional
number of officers in the engineer corps of the Provisional
Army, of a rank not
higher than captain: Provided, That the whole corps shall not exceed
one hundred [257].
Sept. 23, 1862 ch. 8. Number of officers in each grade limited.
256. That the officers of the engineer corps of the Provisional
Army may have rank [50 et seq.] conferred on them during the
war equal to that authorized by law for the engineer corps of the
Confederate States Army: Provided, That the number of officers
in each grade be limited to one colonel, three lieutenant-colonels,
six majors, forty captains, thirty first lieutenants, and twenty
second lieutenants [257].
Feb. 17, 1864 §1, ch. 60. Additional officers.
257. That the acts approved twenty-first April, eighteen
hundred and sixty-two [255], and twenty-third September,
eighteen hundred and sixty-two [256], regulating the increase and
rank of the corps of engineers of the Provisional Army, be
amended to read as follows: That the President be and he is
hereby authorized to appoint, with the advice and consent of the
Senate, an additional number of officers in the engineer corps of
the Provisional Army: Provided, That the whole corps shall not
exceed one hundred and twenty, and that the number of officers
in each grade be limited to three colonels, four lieutenant-colonels,
eight majors, forty-five captains, thirty-five first lieutenants, and
twenty-five second lieutenants.
March 20, 1863, §1. ch. 7. One company of engineer troops for each division of infantry.
258. That * there shall be selected, in such manner
as the
Secretary of War may direct, from each division of infantry in
service, one company of engineer troops, to consist of one
hundred men, chosen with a view to their mechanical skill and
physical fitness, and that
* This act modified
and amended, 269.
Page 99
the men assigned to such company shall be required to serve in
the same only during the balance of their term of service
respectively.
Ibid, §2. Of what to consist.
259. That each company shall consist of eight sergeants, seven
corporals, forty artificers, and forty-five laborers, and that two
musicians may be added.
Ibid, §3. Commissioned officers.
Original vacancies; how filled.
260. That the commissioned officers of each company shall
consist of one captain, one first lieutenant, and two second
lieutenants; and that the original vacancies in these companies
shall be filled by the transfer of officers of corresponding grade
from the engineer corps, if practicable, and where not, then from
the other corps, or from the line or staff of the army, reference
being always had to their qualification as engineers, or by
selection; but no one shall be selected who is not now serving in
or with the army, unless he is a military or civil engineer.
Ibid, §4. Organization into regiments. Field and staff officers.
Original vacancies; how filled.
261. That the companies shall be organized into regiments of
ten companies each, and that the field and staff officers shall
consist of one colonel, one lieutenant-colonel, one major, one
adjutant with the rank of first lieutenant, one quartermaster-sergeant
[268], and one sergeant-major; and that the original
vacancies in the regiments shall be filled in the manner provided
for filling the same in the companies by the third section of this
act [260]; and that the sergeant-major and the quartermaster-sergeant
shall be selected from the enlisted men of the army.
Ibid. §5. Pontoniers.
262. That in each regiment two of the companies shall be
assigned to duty as pontoniers, and each be furnished with a
bridge train complete.
Ibid. §6. Wagons, pontons, tools, arms, etc.
263. That the officer in charge of the Engineer bureau, subject
to the approval of the Secretary of War, shall prescribe the
number, form, and dimensions of the wagons, pontons, trestles,
tools, implements, arms, and other necessaries for all the troops
organized by this act.
Ibid, §7. Vacancies in established regiments; how filled.
264. That vacancies in the established regiments, to and
including the rank of colonel, shall be filled by promotion,
regimentally, according to seniority, except in case of disability or
other incompetency.
Page 100
Ibid, §8. Pay of officers.
265. That the monthly pay of the engineer troops shall be as
follows: Of a colonel, two hundred and ten dollars; of a lieutenant-colonel,
one hundred and eighty-five dollars; of a major, one
hundred and sixty-two dollars; of a captain, one hundred and forty
dollars; of a first lieutenant, one hundred dollars; of a second
lieutenant, ninety dollars: and the adjutant shall receive ten
dollars per month in addition to his pay as lieutenant [276].
Ibid, §9. Pay of enlisted men.
266. That the pay of the enlisted men, per month,
shall be as follows: The sergeant-major and quartermaster-sergeant,
each twenty-one dollars; sergeants,
thirty-four dollars; corporals, twenty dollars; artificers,
seventeen dollars; laborers and musicians, thirteen dollars [277].
Ibid, §10. Mounted troops.
267. That mounted engineer troops may be selected from the
cavalry, and be organized according to the provisions of this act,
for engineer troops, as hereinbefore specified.
Feb. 17, 1864 ch. 59. Quartermaster-sergeants
268. That the above recited act [261] be so amended that there
shall be allowed to each regiment of engineer troops two
quartermaster-sergeants.
Feb. 17, 1864 §1, ch. 75. One company of troops from every twelve regiments of infantry.
269. That an act to provide and organize engineer troops to
serve during the war (approved twentieth March, one thousand
eight hundred and sixty-three) [258] be amended to read as
follows: That there shall be selected, in such manner as the
Secretary of War may direct, from each division of infantry in
service, or from every twelve regiments when not formed into
divisions, one company of engineer troops, to consist of one
hundred men, chosen with a view to their mechanical skill and
physical fitness, and that the men assigned to such company
shall be required to serve in the same only during the balance of
their term of service respectively. These companies may be
formed or recruited from conscripts and volunteers.
Ibid, §2. Of what to consist.
270. That each company shall consist of eight sergeants, seven
corporals, forty artificers, and forty-five laborers, and that two
musicians may be added.
Ibid, §3. Commissioned officers.
Original vacancies.
271. That the commissioned officers of each company shall
consist of one captain, one first lieutenant,
Page 101
and two second lieutenants, and that the original vacancies in
these companies shall be filled by transfer of officers of
corresponding grade from the engineer corps, if practicable, and
where not, then from the other corps, or from the line or staff of
the army, reference being always had to their qualification as
engineers, or by selection; but no one shall be selected who is not
now serving in or with the army, unless he is a military or civil
engineer.
Ibid, §4. Organization into regiments.
272. That the companies shall be organized into regiments of
ten companies each, and that the field and staff officers shall
consist of one colonel, one lieutenant-colonel, one major, one
adjutant with the rank of first lieutenant, one quartermaster-sergeant,
and one sergeant-major, and that the original vacancies in
the regiments shall be filled in the manner provided for filling the
same in the companies by the third session [section] of this act.
Ibid, §5. Pontoniers.
273. That in each regiment two of the companies shall be
assigned to duty as pontoniers, and each be furnished with a
bridge train complete.
Ibid, §6. Wagons, pontons, arms, etc.
274. That the officer in charge of the Engineer bureau, subject
to the approval of the Secretary of War, shall prescribe the
number, form, and dimensions of the wagons, pontons, trestles,
tools, implements, arms, and other necessaries for all the troops
organized by this act.
Ibid, §7. Vacancies in established regiments.
275. That vacancies in the established regiments, to and
including the rank of captain, shall be filled by promotion,
regimentally, according to seniority, except in case of disability or
other incompetency. The field-officers shall be appointed by
selection from the captains of the regiments or battalions, except
in the case of original appointment or vacancy caused by
promotion to original vacancy of higher rank.
Ibid, §8. Pay of officers.
276. That the monthly pay of the engineer troops shall be as
follows: Of a colonel, two hundred and ten dollars; of a lieutenant-colonel,
one hundred and eighty-five dollars; of a major, one
hundred and sixty-two dollars; of a captain, one hundred and forty
dollars; of a first lieutenant, one hundred dollars; of a
Page 102
second lieutenant, ninety dollars; and the adjutant shall receive
ten dollars per month in addition to his pay as a lieutenant.
Ibid, §9. Of enlisted men.
277. That the pay of the enlisted men, per month,
shall be as follows: The sergeant-major and quartermaster-sergeant,
each thirty-four dollars; sergeants, thirty-four dollars;
corporals, twenty dollars; artificers,
seventeen dollars; laborers and musicians, thirteen dollars.
Ibid, §10. Mounted troops.
278. The mounted engineer troops may be selected from the
cavalry, and be organized according to the provisions of this act,
for engineer troops, as hereinbefore specified.
Ibid, §11. Transfer of officers.
279. Officers of the engineer corps and of the engineer troops
of the Provisional Army, of equal rank, may, with mutual
consent, be transferred: Provided, The relative rank of no officer
of either corps be prejudiced thereby.
XXI. ARTILLERY.
[See X Reg. Army, 58 et seq.]
May 10, 1861 ch. 7. Light artillery.
280. That the President may receive into the service of the
Confederate States any company of light
artillery, which by said act [88] he is authorized to do,
with such complement of officers and men, and with
such equipments as to him shall seem proper--anything
in the said act of the 6th of March, 1861, to the contrary
notwithstanding.
April 3, 1862 ch. 17. Heavy artillery
281. That the act approved May 10th, 1861 [280],
entitled "An act to amend an act to provide for the
public defence," approved March 6th, 1861, be and the
same is hereby so amended as to apply also to companies
received into service for duty as heavy artillery.
Ibid, §2. All companies of light and heavy artillery.
282. The provisions of this act, and of the act of
May 10th, 1861, shall extend to all companies of light
and heavy artillery which are now in, or may be hereafter
received into the service, and all acts or parts of
acts in conflict therewith are hereby repealed.
Jan. 22, 1862 ch. 47. Officers of artillery.
283. That the President be and he is hereby authorized to appoint,
by and with the advice and consent of Congress, in the
Provisional Army, and in the volunteer
Page 103
corps, officers of artillery, above the rank of captain,
without reference to the number of batteries under the actual
command of the officer so appointed, not to exceed in number,
however, one brigadier-general for every eighty guns, one colonel
for forty guns, one lieutenant-colonel for every twenty-four guns,
and one major for every sixteen guns.
April 21, 1862 ch. 66. Officers increased. Ordnance duties.
284. That for the purpose of enlarging the number of officers
of artillery, and enabling them to discharge more effectually the
duties of ordnance officers, the President is hereby authorized to
appoint, with the advice and consent of the Senate, officers of
artillery, of the rank of captain and first lieutenant, in the
Provisional Army, not exceeding eighty in number.
Sept. 16, 1862. ch. 2. Officers further increased for ordnance duties
285. That the President, by and with the advice and consent of
the Senate, may appoint seventy officers of artillery in the
Provisional Army, for the performance of ordnance duties, in
addition to those authorized by the act [284] entitled "An act to
authorize the appointment of officers of artillery in the
Provisional Army," approved April twenty-first, eighteen
hundred and sixty-two; and that from the whole number of
artillery officers appointed to discharge ordnance duties, there
shall be one with the rank of lieutenant-colonel for each
command composed of more than one army corps, one with the
rank of major for each army corps composed of more than one
division, and the residue with the rank of captain and of first and
second lieutenant in such proportion as the President shall
prescribe.
XXII MILITARY STOREKEEPERS.
[See 45.]
May 1, 1863 §1, ch. 84. Appointment, number and pay.
286. That the President be authorized to appoint as many
military storekeepers of ordnance in the Provisional Army of
the Confederate States as may be deemed necessary, not to
exceed in all eight storekeepers, four with the pay and
allowances of a captain of infantry, and four with the pay and
allowances of a first lieutenant of infantry.
Page 104
Ibid, §2. First-class to give bonds.
Eligibility.
287. That military storekeepers of the first-class so appointed
shall be required to give bonds in the sum of twenty thousand
dollars, and those of the second-class in the sum of ten thousand
dollars, when charged with the disbursement of funds. This act
shall be in force from and after its passage: Provided, That no
one shall be appointed under its provisions except officers
without commands, or officers or privates who have performed
meritorious services in the field, or have become incapacitated by
wounds or sickness for active service.
Feb. 17, 1864 §2, ch. 60. Number increased.
288. There may be appointed six military storekeepers, with
the pay and allowances of captains of infantry [70], who shall
give such bond for the faithful performance of their duty as
may be prescribed by the Secretary of War: Provided, That the
said storekeepers shall be appointed from persons who are
disqualified for active service by reason of wounds received in
the military service, or disease contracted while in the army, or
from persons over forty-five years of age.
XXIII. PARTISAN RANGERS.
April 21, 1862, §1, ch. 63. Officers to form bands of partisan rangers.
289. That the President be and he is hereby authorized to
commission such officers as he may deem proper, with
authority to form bands of partisan rangers [292] in companies,
battalions, or regiments, either as infantry or cavalry, the
companies, battalions, or regiments to be composed each of such
numbers as the President may approve.
Ibid, §2. Pay, rations, etc., of partisan rangers.
290. That such partisan rangers, after being regularly received
into service, shall be entitled to the same pay, rations, and
quarters during their term of service, and be subject to the same
regulations, as other soldiers.
Ibid, §3. Arms and munitions of war captured.
291. That for any arms and munitions of war captured from
the enemy by any body of partisan rangers, and delivered to any
quartermaster at such place or places as may be designated by a
commanding general, the rangers shall be paid their full value in
such manner as the Secretary of War may prescribe.
Feb. 17, 1864 §1, ch. 54. Former act repealed.
Cavalry.
292. That the act of Congress aforesaid be and the same is
hereby repealed: Provided, That organizations of partisan
rangers, acting as regular cavalry at the
Page 105
passage of this act, shall be continued in their present
organization: Provided, They shall hereafter be considered as
regular cavalry, and not as partisan rangers.
Ibid, §2. Merged into army organization.
293. That all the bands of partisan rangers organized under the
said act may, as the interests of the service allow, be united with
other organizations, or be organized into battalions and
regiments, with the view to bringing them under the general
conditions of the Provisional Army as to discipline, control, and
movements, under such regulations as the Secretary of War may
prescribe.
Ibid, §3. Certain companies excepted.
294. The Secretary of War shall be authorized, if he deems
proper, for a time or permanently, to except from the operation
of this act such companies as are serving within the lines of the
enemy, and under such conditions as he may prescribe.
XXIV. SHARP-SHOOTERS.
April 21, 1862, §1, ch. 72. Battalion for each brigade
How armed and organized.
Officers.
295. That the Secretary of War may cause to be organized a
battalion of sharp-shooters for each brigade, consisting of not less
than three nor more than six companies, to be composed of men
selected from the brigade or otherwise, and armed with long-range
muskets or rifles, said companies to be organized, and the
commissioned officers therefor appointed by the President, by
and with the advice and consent of the Senate. Such battalion
shall constitute parts of the brigades to which they belong, and
shall have such field and staff officers as are authorized by law
for similar battalions, to be appointed by the President, by and
with the advice and consent of the Senate.
Ibid, §2. Arms: whence obtained.
296. That for the purpose of arming the said battalion, the long-range
muskets and rifles in the hands of the troops may be taken
for that purpose: Provided, The government has not at its
command a sufficient number of approved long-range rifles or
muskets wherewith to arm said corps.
XXV. PIKEMEN.
April 10, 1862, §1, ch. 22.
Organization.
297. That the President be and he is hereby authorized to
organize companies, battalions, or regiments of
Page 106
troops, to be armed with pikes, or other available arms to be
approved by him, when a sufficient number of arms of the kind
now used in the service can not be procured; such companies,
battalions, or regiments to be organized in the same manner as
like organizations of infantry now are under existing laws.
Ibid, §2. To serve as infantry do.
Vacancies in the companies armed with firearms.
298. That the President may cause the troops armed and
organized as herein provided, to serve as similar organizations of
infantry now do, or to attach troops so armed to other regiments
in the service, in numbers not exceeding two companies of troops
so armed to each regiment. And the colonel of the regiment to
which such companies may be attached shall have power to detail
men from such companies to take the place of men in the
companies armed with fire-arms, whenever vacancies may occur
from death or discharge, or in cases of absence from sickness,
furlough, or any other cause--the true intent and meaning of this
provision being to render every fire-arm in the army available at
all times, by having it always in the hands of a well and effective
man.
Ibid, §3. Copy of this act to be furnished to every general.
299. Immediately after the passage of this act, it shall be the
duty of the Secretary of War to furnish a copy of the same to
every general in the service.
XXVI. SIGNAL CORPS.
April 19, 1862. ch. 40. Corps organized.
300. That the President be and he is hereby authorized, by and
with the advice and consent of the Senate, to appoint ten officers
in the Provisional Army, of a grade not exceeding that of
captains, and with the
pay of corresponding grades of infantry [70], who shall
perform the duties of signal officers of the Army. And the
President is hereby authorized to appoint ten sergeants of
infantry in the Provisional Army, and to assign them to duty as
signal sergeants. The signal Corps above authorized may be
organized as a separate corps, or may be attached to the
department of the Adjutant and Inspector-General, or to the
Engineer corps, as the Secretary of War shall direct.
Sept. 27, 1862, ch . 14. Corps increased.
301. That the President, by and with the advice and consent of
the Senate, may appoint one major, ten first
Page 107
and ten second lieutenants in the signal corps, and that the
Secretary of War may appoint twenty additional sergeants in the
said corps.
XXVII. DRILL-MASTERS.
Aug. 31, 1861 Res. 7. Preamble.
302. Whereas, under the authority of some of the states, drill-masters
were attached to various regiments; And whereas such
office[r]s are not recognized by the laws of the Confederate
States, and consequently were not mustered into service; And
whereas several of such drill-masters have nevertheless continued
to do effective service, voluntarily, with their respective
regiments: Therefore,
Honorable discharge.
Resolved, That such drill-masters be granted an honorable
discharge whenever they shall apply therefore.
April 19, 1862, ch. 46. For camps of instruction and reserve forces.
303. That the President be and he is hereby authorized and
empowered to appoint drill-masters for camps of instruction
[176] or reserve forces in any arm of the military service, with
such pay as the Secretary of War may prescribe.
XXVIII. BUGLERS AND MUSICIANS.
Dec. 10, 1861 ch. 7. Appointment of
304. That the President be and he is hereby authorized to
appoint a chief bugler or principal musician, according to corps,
to each regiment in the Provisional Army.
April 15, 1862, ch. 29 Pay of colored musicians
305. That whenever colored persons are employed as
musicians in any regiment or company, they shall be entitled to
the same pay now allowed by law to musicians regularly
enlisted [75]: Provided, That no such person shall be so
employed except by the consent
of the commanding officer of the brigade to which said
regiments or companies may belong.
XXIX. DISQUALIFIED, DISABLED, AND INCOMPETENT
OFFICERS.
Oct. 13, 1862 §1, ch. 57. Examining board.
Duties.
306. That whenever, in the judgment of the general
commanding a department, the good of the service and the
efficiency of his command require it, he is authorized and it is
hereby made his duty, to appoint
Page 108
an examining board, to be composed of officers of a rank at least
as high as that of the officers whose qualifications it is
proposed to inquire into, which board shall immediately
proceed to examine into the cases of such officers as may be
brought to their attention for the purpose of determining their
qualifications for the discharge of the duties properly
appertaining to their several positions.
Ibid, §2. Decision of the board and report of its proceedings.
307. That whenever such examining board shall
determine that any officer is clearly unfit to perform
his legitimate and proper duties, or careless and inattentive
in their discharge, then the said board shall
communicate their decision, together with the full
report of their proceedings in the case, to the general
commanding the department in which the examination shall have
been held, who shall, if he approve the finding of the board, be
authorized to suspend the officer who has been pronounced unfit
for his position, and shall immediately transmit to the Secretary
of War the decision and proceedings of the examining board,
with its own action and opinion endorsed thereon: Provided,
That such officer shall be entitled to be heard and to call
witnesses in his defence.
Ibid, §3. Secretary of War's approval.
President's authority.
308. That the Secretary of War, if he approve the finding of
the board and the action of the general commanding the
department, shall lay the same before the President, who is
authorized to retire honorably, without pay or allowances, or to
drop from the army, as the circumstances of the case may
warrant and the good of the service require, the officer who has
been found unfit for his position.
Ibid, §4. Monthly reports of the conduct of commissioned officers.
309. That in order to secure reliable information of the
efficiency and competence of officers, it is hereby made the duty
of each officer commanding a regiment, separate battalion,
company, battery, or squadron, to make to his immediate
commanding officer, who shall transmit the same to the brigadier-general
commanding, a monthly report in tabular form, a copy
whereof shall be retained by the reporting officer, subject to the
inspection of all officers interested therein, containing a list of all
commissioned officers of such regiment,
Page 109
separate battalion, company, battery, or squadron, in
which shall be stated the number of days each officer has been
absent from his command, with or without, or on sick leave; the
number of times each officer has been observed to have been
absent from his command when on march or in action; when and
where each officer has been observed to have performed signal
acts of service; when and where negligent in the performance of
duty and inattentive to the security and economy of public
property--printed blank forms of which said reports shall be
furnished by the Secretary of War for the use of the officers
whose duty it is made to make such reports.
Ibid, §5. Vacancies; how filled where officers are dropped or
honorably retired.
310. That whenever any officer of a company, battalion,
squadron, or regiment shall have been dropped or honorably
retired, in accordance with the provisions of this act, then the
officer next in rank shall be promoted to the vacancy, if
competent--such competency to be ascertained as provided in the
first and second sections of this act--and if not competent, then
the next officer in rank shall be promoted, and so on until all the
commissioned officers of the company, battalion, squadron, or
regiment shall have have been gone through with; and if there be
no officer of the company, battalion, squadron, or regiment
competent to fill the vacancy, then the President shall, by and
with the advice and consent of the Senate, fill the same by
appointment: Provided, That the officer appointed shall be from
the same state as that to which the company, battalion,
squadron, or regiment belongs: And provided, further, That
nothing herein contained shall be construed as limiting the power
heretofore conferred upon the President by existing laws to fill
any vacancy by the promotion of officers or the appointment of
privates "distinguished in the service by the exhibition of
extraordinary valor and skill" [105, 157,158, 382]: And provided,
further, That vacancies arising under the operation of this act, in
regiments or battalions which were organized under the laws of
a state for the war, or for a period not yet expired, shall be filled
as in case of death or resignation.
Page 110
XXX. INVALID CORPS.
Feb. 17, 1864 §1, ch. 56. Retirement or discharge of persons disabled by service.
311. That all officers, non-commissioned officers,
musicians, privates, and seamen who have or shall become
disabled by wounds or other injuries received, or disease
contracted in the service of the Confederate States and in the line
of duty, shall be retired or discharged from their respective
positions, as hereinafter provided. But the rank, pay, and
emoluments of such officers, and the pay and emoluments of
such non-commissioned officers, musicians, privates, and seamen
shall continue to the end of the war, or as long as they shall
continue so retired or discharged.
Ibid, §2. Examination before medical board.
312. That all persons claiming the benefits of this
act shall present themselves for examination to one of
the medical examining boards now established
by law. Upon the certificate of such board that such permanent
disability exists, such persons shall be retired or discharged as
aforesaid.
Ibid, §3. Periodical examination
313. That all persons retired or discharged as aforesaid shall
periodically, and at least once in six months, present themselves
to one of said boards for further examination, under regulations
to be prescribed by the Secretary of War--the result of which
examination shall be reported by such board to the said
secretary. And if any such person shall fail so to report himself
to such board whenever be shall be required so to do, he shall be
dropped from said retired or discharged list, and become liable to
conscription under the terms of the law, unless such failure shall
be caused by physical disability.
Ibid, §4. Assignment to suitable duty.
314. That the Secretary of War may assign such officers, and order
the detail of such non-commissioned officers, musicians,
privates, and seamen for such duty as they shall be qualified to
perform. If any such non-commissioned officers, musicians,
privates, and seamen shall be relieved from disability, they shall
be restored to duty in their respective commands.
Ibid, §5. Rules.
315. That the Secretary of War shall make all needful rules
and regulations for the action of the medical boards as aforesaid.
Page 111
Ibid, §6. Vacancies.
316. That vacancies caused by the retirement of officers under
this act, shall be filled as in case of the death or resignation of
such officers.
Ibid, §7. Act to be in force.
317. This act shall be in force from its passage.
XXXI. RETIREMENT OF OFFICERS.
Feb. 17. 1864 ch. 74. When incompetent or without command.
318. That the President be and he is hereby authorized, upon the
recommendation of any general commanding a department or
any army, to discharge from service any officer of the
Confederate States Army, or of the Provisional Army of the
Confederate States, who has no command, and can not be
assigned to any appropriate duty, or who is incompetent or
inefficient, * or who may be absent from his command or
duty
without leave: Provided, That any officer who may be
discharged for incompetency, inefficiency, or
absence from his command or duty without leave, shall be
entitled to a trial before an examining board, under existing laws,
if he demands it of the commanding general within thirty days:
Provided, further, That it shall not extend to any officer who is
absent on account of his captivity.
XXXII. DRUNKENNESS.
April 21, 1862, §1, ch. 62. Penalty for.
319. That any commissioned officer of the Regular or
Provisional Army who shall be found drunk, either
while on or off duty, shall, on conviction thereof before a court
of inquiry [322], be cashiered or suspended from the service of
the Confederate States, or be publicly
reprimanded, according to the aggravation of the offence;
and in addition to a sentence cashiering any such officer, he may
also be declared incapable of holding any military office under
the Confederate States during the war.
Ibid, §2. Report of cases.
Trial.
320. That it shall be the duty of all officers to report to the
commanding officer of the post, regiment, or corps to which they
belong, all cases coming under their observation of intoxication
of commissioned officers, whether of superior or inferior grades
to themselves; and it shall be the duty of the commanding
* See also 306 et
seq.
Page 112
officer of the division or brigade to which post,
regiment, or corps belongs, to whom such report may
be made, to report the same to the officer commanding
the brigade or division, who shall organize said court
and order the trial of said offender at the earliest time
consistent with the public service.
Ibid, §3. Findings of courts.
321. The findings of any such court shall be promptly
transmitted to the Secretary of War, by the commanding
officer, together with his approval or disapproval
thereof, and shall be reported to Congress at
the next session thereafter, by the said secretary.
Feb. 17, 1864 §1, ch. 77. Jurisdiction conferred on military courts and general
courts-martial.
322. That the jurisdiction conferred upon courts of
inquiry [319], in the act above recited, is hereby repeated,
and the said jurisdiction is hereby conferred,
for the punishment of the offence therein named, upon
the military courts and general courts-martial convened
in the Army of the Confederate States; and the
proceedings therein shall be subject to review, as in
other cases.
Ibid, §2. Any citizen may
report violations of the act.
323. That any citizen of the Confederate States is
hereby authorized to make report of any violation of
the provision of the act to which this is an amendment,
in the same manner as officers of the army are
now required to do.
Ibid, §3. Intemperate habits.
Penalty.
324. Upon any trial for drunkenness it shall be lawful
to prove, without special charge, that the accused
is of intemperate habits; and if the court shall find
that he is of such habits, he shall be cashiered or otherwise
punished at the discretion of the court.
XXXIII. ABSENCE WITHOUT LEAVE.*
April 16, 1862, §1, ch. 25. Soldiers absent without leave not to receive pay.
325. That no officer or soldier of the army shall receive
pay for any period during which he may be absent
without leave, or beyond the leave granted from
competent authority, according to the regulations of
the army: Provided, That this restriction shall not affect
the sick and wounded in hospitals.
Ibid, §2. Length of absence to be stated on pay and muster rolls, and pay for such
time to be deducted.
326. In order to enforce the requirements of the
foregoing section, it is hereby made the duty of commanding
* See also
318.
Page 113
officers of companies to state upon the muster
and pay rolls of their companies the length of time
any officer or soldier has been absent therefrom, without
leave of competent authority, since the previous
payment, when the deduction of pay for such absence
will be made by the quartermaster from the amount
otherwise due the officer or soldier; and any commander
of a company who shall fail to note such absence
on the muster and pay rolls of the company shall
be required to refund to the government the amount
forfeited by such absent officer or soldier, unless it shall
already have been received from the officer or soldier
so absent.
Ibid. §3. Officers to certify on honor as to absence.
Certificate of commanding officers of companies
327. Officers shall certify upon honor on their pay
accounts, whether they have or have not been absent,
without leave by competent authority, within the time
for which they claim pay; and if absent without leave,
they shall state in their certificates the time and period
of such absences. In like manner, commanding officers
of companies shall certify on honor on their pay
accounts that they have stated fully and correctly on
the muster and pay rolls of their companies the length
of time each officer and soldier of the company has
been absent without leave since the last payment of
the company.
Ibid, §4. As to other penalties.
328. That this act shall not be construed to relieve
any officer or private from any other penalty to which
he may be liable by existing laws or regulations.
XXXIV. PUNISHMENT BY WHIPPING PROHIBITED.
April 13, 1863, §1, ch. 19. Soldiers not to be punished by whipping.
329. That, from and after the passage of this act, it
shall not be lawful for any court-martial or military
court to cause any soldier in the service of the Confederate
States to be punished by whipping, or the infliction
of stripes upon his person; and that all laws
and customs contravening the provisions of this act
be and the same are hereby repealed.
Ibid, §2. Article of War "twenty" amended.
330. That article twenty of the Articles of War*
be so amended as to read as follows: "All officers and
* See
Appendix.
Page 114
soldiers who have received pay, or have been duly enlisted
in the service of the Confederate States, and shall
be convicted of having deserted the same, shall suffer
death or confinement in penitentiary, with or without
hard labor, for a period not less than one year, or more
than five, or such other punishment, not inconsistent
with the provisions of this act as the court-martial or
military court may determine."
XXXV. DETAILED SOLDIERS * AND TRANSFER OF
TROOPS.
April 27, 1863, ch. 43. Pay as clerks increased to one dollar per day.
331. That the extra pay now allowed soldiers detailed
to perform the duties of clerks in any of the public
offices in the City of Richmond, by reason of their
physical disability to serve in the field, shall be increased
from twenty-five cents per day to one dollar
per day [332 et seq.] from and after the passage of this
act.
May 1, 1863 §1, ch. 72. Pay increased to three dollars per day, in lieu of
rations and allowance.
332. That non-commissioned officers, musicians, or
privates, when employed on detached or detailed service
by a departmental or other commander of a district,
or under the direction of any of the military
bureaus, instead of the compensation now allowed,
may be allowed the sum of not more than three
dollars [335] per day, in lieu of rations and all other
allowances, upon the recommendation of the officer
immediately in charge of such men, with the approval
of the commander or chief of bureau, as the case may
be, and the sanction of the Secretary of War.
Ibid, §2. Duration of the act.
333. This act shall remain in force for one year
[334] from the first day of January, eighteen hundred
and sixty-three.
Jan. 6, 1864 ch. 6. Extended.
334. 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 day of January, eighteen hundred and sixty-four,
be and the same is hereby continued in force until
* For details for
manufacture of shoes, 231, and for pay, see 232.
For details of clerks to quartermasters and commissaries, 172, 203, 204.
For transfer of troops to organizations from their own states. see 167.
Page 115
the first of January, eighteen hundred and sixty-five.
Feb. 17, 1864 Res. 43. Increase of pay.
335. That the "Act to increase the compensation of
certain civil officers and employees, in the President's
office, and in the Executive and Legislative department
at Richmond, for a limited period," approved
January thirtieth, eighteen hundred and sixty-four, be
and the same is hereby construed so as to embrace
soldiers detailed for clerical duty in Richmond.
Sept. 23, 1862, ch. 5. Transfer of troops to regiments from their own states.
336. That it shall be the duty of the Secretary of
War to transfer any private or non-commissioned officer
who may be in a regiment from a state of this Confederacy
other than his own, to a regiment from his
own state, whenever such private or non-commissioned
officer may apply for such transfer, and whenever
such transfer can be made without injury to the public
service; and the Secretary of War shall make regulations
to facilitate such transfer: Provided, That this
act shall not apply to any one who has enlisted as a
substitute.
Oct. 2, 1862 §1, ch. 22. Transportation.
337. That whenever the Secretary of War shall grant
transfers agreeable to the above act [336] to any soldier
now in the service, he shall furnish transportation also.
XXXVI. PAY AND ALLOWANCES DUE DECEASED
SOLDIERS.
Feb. 15, 1862 §1, ch. 81. To whom payment shall be made.
388. That the pay and allowances due to any deceased
volunteer, non-commissioned officer, musician, or
private in the Army of the Confederate States, shall
be paid to the widow of the deceased, if living; if not,
to the children, if any; and in default of widow or
children, to the father, if living, and if not, to the
mother of such deceased volunteer.
Ibid, §2. Mode of payment.
339. The pay and allowance due as aforesaid shall
be paid by the paymaster or proper officer charged
with the payment of the troops, to the person or persons
entitled to the same, or to his or her authorized
agent, attorney, or guardian, upon the pay-roll [340]
made out and certified by the captain or commanding
officer of the company to which the deceased was attached,
which pay-roll the captain or commanding officer
Page 116
as aforesaid shall make out and deliver to the person
or persons entitled to such pay and allowance, or
to his, her, or their authorized agent, attorney, or guardian,
and shall state in such pay-roll the name of the
deceased volunteer, the company and regiment to
which he was attached, and the date of his enlistment
and death; and the paymaster or officer to whom said
pay-roll shall be directed shall pay the same according
to the tenor thereof, and shall file such pay-roll
with the pay-rolls of the army.
Oct. 3, 1862 §1, ch. 25. When payment may be made without producing pay-roll.
340. That claims due to deceased non-commissioned
officers and privates for pay, allowances, and bounty,
may be audited and paid without the necessity of the
parties entitled producing a pay-roll from the captain
or commanding officer, when there is other official evidence
of the amount due satisfactory to the Second
Auditor, under such regulations as he has or may prescribe,
with the approval of the Secretary of War.
Ibid, §2. Claims of deceased commissioned officers.
341. The claims of deceased commissioned officers
shall be paid to their heirs or representatives in the
same manner as similar claims of non-commissioned
officers and privates are now or may be directed by
law to be paid; and to assist the Second Auditor in
more effectually carrying out the provisions of this act,
and other pressing business of his office, the Secretary
of the Treasury is authorized to appoint an experienced
accountant who, with the chief clerk, shall have
authority to sign and attest such official business as
said auditor shall approve and direct.
Ibid, §3. Clerks to assist in settling claims.
342. The Secretary of the Treasury is hereby authorized
to employ in the office of the Second Auditor
as many additional temporary clerks as be may think
necessary, to assist said auditor in the settlement of
the claims of deceased officers and soldiers--the compensation
of said clerks to be four dollars per day, and
without any addition whatever, for every day they
shall be so actually engaged, except one, whose annual
compensation shall be fifteen hundred dollars, the
others to be paid weekly at the Treasury, upon a certificate
of service of said auditor.
Ibid, §4. Clerks to be employed for twelve months.
343. This act shall take effect from its passage, and
Page 117
the third section shall continue in force for twelve
months and no longer [344].
May 1, 1863 ch. 76. Employment continued until otherwise provided by Congress.
344. That the third section of an act entitled "An
act supplementary to an act concerning the pay and
allowance due to deceased soldiers," approved February
fifteenth, eighteen hundred and sixty-two [342],
and to provide for the prompt settlement of claims for
arrearages of pay, allowance, and bounty due deceased
officers and soldiers, be continued of force until
otherwise provided by Congress.
Feb. 16, 1864 ch. 39. State agents.
345. That, upon the application of the governor of
any of the Confederate States, the Secretary of War
be and he is hereby authorized to grant passports and
transportation to an officer of such state, duly commissioned
according to the law of said state, to communicate
with its troops for such purposes, and at such
times and places as shall be approved by the Secretary
of War; and such officer shall be allowed to purchase
for himself supplies from the commissary stores on
the same terms with officers of similar rank in the service
of the Confederate States, and according to the
regulations which govern them: Provided, Such supplies
shall not exceed those which a colonel of the Confederate
States is allowed to purchase: Provided, That
these agents shall be charged with the duty of obtaining
from the officers in command of companies final
statements of deceased soldiers, to be filed in the Second
Auditor's office to facilitate the settlement of such
claims.
XXXVII. MILITARY COURTS.
Oct. 9, 1862 §1, ch. 36. One to each army corps. To consist of three members.
Judge Advocate.
346. That courts shall be organized, to be known as
military courts, one to attend each army corps in the
field, under the direction of the President. Each court
shall consist of three members, two of whom shall constitute
a quorum, and each member shall be entitled
to the rank and pay of a colonel of cavalry, shall be
appointed by the President, by and with the advice
and consent of the Senate, and shall hold his office during
the war, unless the court shall be sooner abolished
by Congress. For each court there shall be one
Page 118
Judge Advocate, to be appointed by the President, by
and with the advice and consent of the Senate, with
the rank and pay of a captain of cavalry, whose duties
shall be as prescribed by the Rules and Articles of War,
except as enlarged or modified by the purposes and
provisions of this act, and who shall also hold his office
during the war, unless the court shall be sooner abolished
by the Congress; and in case of the absence or
disability of the Judge Advocate, upon the application
of the court, the commander of the army corps to
which such court is attached may appoint or detail an
officer to perform the duties of Judge Advocate during
such absence or disability, or until the vacancy, if any,
shall be filled by the President.
Ibid, §2. Provost marshal and clerk.
Oath of members and officers of the court
347. Each court shall have the right to appoint a
provost marshal to attend its sittings and execute the
orders of the court, with the rank and pay of a captain
of cavalry; and also a clerk, who shall have a salary
of one hundred and twenty-five dollars per month, who
shall keep the record of the proceedings of the court,
and shall reduce to writing the substance of the evidence
in each case, and file the same in court. The provost
marshal and clerk shall hold their offices during
the pleasure of the court. Each member and officer of
the court shall take an oath well and truly to discharge
the duties of his office to the best of his skill and ability,
without fear, favor, or reward, and to support the
Constitution of the Confederate States. Each member
of the court, the Judge Advocate, and the clerk, shall
have the power to administer oaths.
Ibid, §3. Rules of court.
348. Each court shall have power to adopt rules for
conducting business and for the trial of causes, and to
enforce the rules adopted, and to punish for contempt,
and to regulate the taking of evidence, and to secure
the attendance of witnesses, and to enforce and execute
its orders, sentences, arid judgments, as in cases
of courts-martial.
Ibid. §4. Jurisdiction of each court
349. The jurisdiction of each court shall extend to
all offences now cognizable by courts-martial under the
Rules and Articles of War and the custom of war
and also to all offences defined as crimes by the laws
Page 119
of the Confederate States or of the several states, and,
when beyond the territory of the Confederate States,
to all cases of murder, manslaughter, arson, rape, robbery,
and larceny, as defined by the common law, when
committed by any private or officer in the Army of the
Confederate States, against any other private or officer
in the army, or against the property or person of any
citizen or other person not in the army: Provided, Said
courts shall not have jurisdiction of offenders above
the grade of [357] colonel. For offences cognizable by
courts-martial the court shall, on conviction, inflict
the penalty prescribed by the Rules and Articles of
War, and in the manner and mode therein mentioned;
and for offences not punishable by the Rules and Articles
of War, but punishable by the laws of the Confederate
States, said court shall inflict the penalties
prescribed by the laws of the Confederate States; and
for offences against which penalties are not prescribed
by the Rules and Articles of War, nor by the laws of
the Confederate States, but for which penalties are
prescribed by the laws of a state, said court shall inflict
the punishment prescribed by the laws of the state
in which the offence was committed: Provided, That
in cases in which, by the laws of the Confederate
States or of the state, the punishment is by fine or by
imprisonment, or by both, the court may, in its discretion,
inflict any other punishment less than death; and
for the offences defined as murder, manslaughter, arson,
rape, robbery, and larceny, by the common law,
when committed beyond the territorial limits of the
Confederate States, the punishment shall be in the discretion
of the court. That when an officer under the
grade of brigadier-general, or private, shall be put under
arrest for any offence cognizable by the court herein
provided for, notice of his arrest, and of the offence
with which he shall be charged, shall be given to the
Judge Advocate by the officer ordering said arrest, and
he shall be entitled to as speedy a trial as the business
before said court will allow.
Ibid, §5. Courts shall attend the army.
Decisions and sentences.
350. Said courts shall attend the army, shall have
appropriate quarters within the lines of the army,
Page 120
shall be always open for the transaction of business,
and the final decisions and sentences of said courts on
convictions shall be subject to review, mitigation, and
suspension, as now provided by the Rules and Articles
of War in cases of courts-martial.
Ibid, §6. Appointments during recess of Senate.
351. That during the recess of the Senate the President
may appoint the members of the courts and the
Judges Advocate provided for in the previous sections,
subject to the confirmation of the Senate at its session
next ensuing said appointments.
May 1, 1863 §1, ch. 77. Additional military court in each department.
352. That in addition to one military court to attend
each army corps in the field, as now authorized
by an 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," approved
October ninth, eighteen hundred and sixty-two
[346 et seq.], one military court shall be organized
in each of such military departments as, in the judgment
of the President, the public exigencies may require--to
be organized in the manner and with powers
prescribed in the act of which this is amendatory.
Feb. 13, 1864 ch. 33. One in North Alabama.
353. 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 powers of said
courts" [346 et seq.], 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.
Feb. 16, 1864 ch. 44. Additional courts for divisions of cavalry, and for each state.
354. That in addition to the military courts now
authorized by law, the President be and he is hereby
authorized to appoint a military court to attend any
division of cavalry in the field, and also one for each
state within a military department, whenever, in his
judgment, such courts would promote the public interest--which
courts shall be organized, and have the
Page 121
same powers and duties, and the members thereof appointed,
as provided by law.
Feb. 17, 1864 §1, ch. 49. When two or more army corps are united.
Jurisdiction.
355. That when two or more army corps are united
in the same army, charges shall be referred to said
courts, and their proceedings be subject to review by
the army commander, as in the case of general courts-martial;
and that the jurisdiction of each of said
courts shall extend to any person connected with the
army of which the corps to which the court is attached
may be a part, without being limited to members of
the particular corps to which said court may be attached.
Ibid, §2. Assignment and transfer of members and officers.
356. That when the corps to which any military
court may be attached shall, from any cause, cease to
exist as such, the Secretary of War shall assign the
members and officers of such court to any other unsupplied
corps, or other subdivision of any of the
armies of the Confederate States, where a military
court may be needed; and exchanges and transfers of
individual members and officers from any one court to
another may be made by the Secretary of War, on
application of the parties concerned--the consent of
the commander or commanders of the army or armies
to which the particular courts may belong having
been first obtained to such exchange or transfer.
Ibid, §3. Jurisdiction extended.
357. That the fourth section [349] of the act of
which this is amendatory, be and the same is hereby
so amended as to extend the jurisdiction of the military
courts to all offenders below the grade of lieutenant-general.
Feb. 3, 1864 §1, ch. 21. Transfer of judges.
358. 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.
Ibid. §2. Act when to take effect.
359. That this act take effect and be in force from
and after its passage.
Feb. 6, 1864 ch. 26. Field-officers may be detailed as members, etc.
360. 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
Page 122
or affinity, or unable, from sickness or other
unavoidable cause, to attend said courts.
Feb. 17, 1864 §1. ch. 69. Summons of witnesses.
Penalty for disobeying summons.
Arrest.
361. That any military court or court-martial convened
within the Army of the Confederate States shall
have power to summon as a witness before it any
citizen of the state in which said court may at the
time hold its session; and any citizen disobeying such
summons--upon information given thereof by the
Judge Advocate of such military court or court-martial,
to the judge of the district court of the Confederate
States for the district in which said citizen
may reside--shall be subject to the same penalties as
for disobedience of an order of said district judge; or,
on application of the Judge Advocate, such citizen
witness may by military force be arrested and brought
before said military court or court-martial, by order of
the commander of the army, and may be held in close
confinement until he or she shall consent to testify.
Ibid, §2. Pay for attendance on court.
362. That any citizen witness appearing upon being
summoned, as provided in this act, shall be paid such
reasonable amount for his or her attendance as the
commander of the army shall deem reasonable--which
payment shall be made by any paymaster, upon the
certificate of said commander, specifying the amount.
XXXVIII. INDIAN TROOPS.
Dec. 31, 1861 §1, ch. 31. Payment for services.
Allowance in lieu of clothing; to be paid.
363. That the proper quartermaster in the military
department of Indian Territory be authorized to pay
the officers and men of the company of Creek mounted
volunteers, raised in the month of August, eighteen
hundred and sixty-one, by authority of the Commissioner
of the Confederate States, for local purposes, at
the North Fork village, in the Creek country; and of
the Cherokee regiments of Colonels Stand Watie and
John Drew, and of the Choctaw and Chickasaw regiment
of Colonel Douglas H. Cooper, and of the Creek
regiment of Colonel Daniel N. McIntosh, and of the
companies of Seminoles raised by the chief, by authority
of the same commissioner, and of the other troops,
called into the service by Colonel Douglas H. Cooper,
to aid in suppressing the insurrection of a part of the
Page 123
Creeks, and of any called into service by the Creek
Agent for the same purpose, by direction of the commissioner,
for the times during which all of said troops
were in the service, after being organized and before
being mustered into the service, in the same manner
as if they had been mustered in at the respective
times when they were organized and received by the
commissioner or either of said officers--which payments
shall be made upon special pay-rolls for that
purpose: Provided, That the allowance in lieu of
clothing shall be paid only to such of said officers and
men as shall have since been or may be mustered into
the service, and that none shall be paid who have deserted
or disbanded without permission, or have taken
sides with the insurrectionists among the Creeks.
Ibid, §2. Accounts of acting commissaries and quartermasters of
said troops; how to be settled.
364. That the accounts of the acting commissaries
and quartermasters of all said troops shall be settled
and paid in the same manner as if the troops with or
for which they acted had been regularly mustered into
the service at the time when they were organized and
received; and that the debts incurred or moneys advanced
by them be paid by the brigade quartermaster
of the brigade commanded by Brigadier-General Albert
Pike: Provided, further, That said accounts shall
be also approved by the said brigadier-general, and
that the prices paid by them be found by him not to
have been excessive or exorbitant, and the debts to
have been contracted in good faith, and the moneys
actually advanced.
May 1, 1863 Res. 6. Articles furnished by Jones and Thebo, and R. M. Jones.
365. That the Quartermaster-General audit and pay
the accounts of the acting quartermaster and other
officers of the Indian troops for camp utensils, horse
equipments, clothing, ordnance, and ordnance stores
furnished by Jones and Thebo, and R. M. Jones, for
the use of said troops, upon the bills of particulars
herewith filed, amounting to eleven thousand two
hundred and sixteen dollars and seventy-five cents:
Provided, That said accounts have been examined and
approved by Brigadier-General Albert Pike.
Page 124
XXXIX. VIRGINIA MILITIA.
April 19, 1862, §1, ch. 53. Compensation allow officers for period of actual service.
366. That all officers and non-commissioned officers
of the Virginia militia, who have been called into the
service of the Confederate States by the order of any
commanding officer of the Confederate States Army,
authorized to make such call, or by the proclamation
of the Governor of Virginia, in obedience to requisitions
duly made upon him by the President, shall be allowed,
under the direction of the Quartermaster-General,
compensation for the period of their actual service,
according to the rate of pay and allowances to which
officers and non-commissioned officers of corresponding
grades in the Confederate States Army are by
law entitled.
Ibid. §2. Certificates of service required.
367. Before any officer of militia shall be entitled to
receive pay under the provisions of the preceding
section, he shall present to the proper officer to whom
he may apply for payment, a certificate signed by the
commandant of the brigade, regiment, or battalion of
militia to which he may have been attached, and approved
by the commanding general of the army, corps,
or department with which such brigade, regiment, or
battalion was serving, which certificate shall state the
precise period during which such officer was actually
in service and performed duty according to his rank,
not including in such period whatever time such officer
was absent from duty with his command, unless absent
on furlough, or detached or detailed for service by
order of the commanding officer. Non-commissioned
officers shall be required to present like certificates,
signed by the commanding officer of the regiment or
battalion to which they belong, before being entitled
to receive their pay.
Ibid, §3. Pay of staff officers.
368. All staff officers of the Virginia militia, duly
appointed and qualified, according to the laws of Virginia,
shall be entitled to receive the same pay and
allowances as are provided by law for officers of corresponding
grades in the Confederate States Army,
upon a like certificate that they have actually been in
service and performed the duties proscribed for their
Page 125
respective grades by the laws of Virginia and the
laws and army regulations of the Confederate States.
Ibid, §4. No payments to be made in certain cases.
369. No payments under this act shall be allowed
for any period subsequent to the thirtieth day of
March, eighteen hundred and sixty-two, nor shall any
junior major of a regiment to which two majors may
be attached, nor any paymaster or surgeon's mate, be
deemed to be entitled to pay or allowances under the
provisions of this act.
XL. MISCELLANEOUS.
Oct. 13, 1862 ch. 64. Twenty general officers.
370. That the President be and he is hereby authorized,
by and with the advice and consent of the Senate,
to appoint twenty general officers in the Provisional
Army, and to assign them to such appropriate
duties as he may deem expedient. *
Feb. 17, 1864 §1, ch. 50. General for trans-Mississippi department.
371. That the President may appoint one general
in the Provisional Army of the Confederate States
when, in his discretion, it shall be deemed necessary
and proper, for the command of the trans-Mississippi
department, by and with the advice and consent of
the Senate [563, 564].
Ibid, §2. Additional lieutenant-generals.
372. That the President may, by and with the advice
and consent of the Senate, appoint lieutenant-generals
in the Provisional Army of the Confederate
States when, in his discretion, it shall be deemed
necessary for the command of any one of the military
departments. **
Ibid, §3. Rank; how long to continue.
373. That the officers appointed under the provisions
of this act shall continue to hold the rank herein
provided so long as they shall efficiently discharge
the duties in command of said several departments,
and no longer, but will resume thereafter their former
rank in the service.
Aug 31, 1861 ch. 67. Adjutants of regiments and legions of the grade of subaltern.
374. That adjutants of regiments and legions may
be appointed by the President, upon the recommendation
of the colonel thereof, of the grade of subaltern,
in addition to the subaltern officers attached to
companies; and said adjutants, when so appointed,
* President
authorized to appoint general officers; see 85, 92, 110.
**
Lieutenant-generals to be appointed, 93.
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shall have the same rank, pay, and allowances as are
provided by law to adjutants of regiments.
Oct. 2, 1862 ch. 21. Adjutants for battalions, of the grade of subaltern.
375. That the provisions of said act [374] shall be
extended so as to apply to independent battalions,
and that, on the recommendation of the commander
of any such battalion, an adjutant of the grade of
subaltern may be appointed by the President for said
battalion, who is not attached as subaltern to said
battalion, and that said adjutant, when so appointed,
shall have the same rank, pay, and allowance as are
provided by law for adjutants of regiments.
April 16, 1863, ch. 22. Minors may be commissioned.
376. That, from and after the passage of this act,
commissions in the Army of the Confederate States,
and in the Provisional Army of the Confederate
States, may be issued to persons under twenty-one
years of age, except in the case of officers who are
required by law to give bond.
April 4, 1863 ch. 12. Officers or soldiers elected or appointed to certain offices,
may resign or be discharged.
377. That any officer, non-commissioned officer, or
private now in the military service of the Confederate
States, who has been elected or appointed since
entering said service, or who may hereafter be elected
or appointed a senator or representative in Congress,
or in any state legislature, a judge of the circuit, district,
or superior courts of law or equity in any
state of the Confederacy, district attorney, clerk of
any court, of record, sheriff, ordinary, judge of any
court of probate, collector of state taxes, not to
exceed one for each county, parish recorder, upon
furnishing the Secretary of War with evidence of
such election or appointment, if an officer, his resignation
shall be promptly accepted, and if a non-commissioned
officer or private, he shall be honorably
discharged by the Secretary of War.
May 1, 1863 ch. 64. Loss of muster-rolls; proof of service.
378. That all officers, non-commissioned officers, and
privates of any legally constituted military organization,
which may have been actually received into
the service of the Confederate States by any general
officer thereof, but were never legally mustered into
service, in consequence of the loss of the muster-rolls
of such military organization, shall be entitled to
receive pay from the time they were so received:
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Provided, The fact of their having been so received
into the service, and the time they served, is duly
proved to the satisfaction of the Secretary of War,
under rules to be prescribed by him.
Oct. 2, 1862 ch. 23. Oath to enable sick, wounded, or other soldiers to
receive their pay.
379. That the oath required to enable sick, wounded,
or other soldiers to receive their pay, may be
taken before any quartermaster, who is hereby authorized
to administer the same, or before any justice of
the peace having jurisdiction, or any other officer
having the right, by the laws of the state, to administer
oaths.
Oct. 13, 1862 ch. 52. Army intelligence-office.
380. That commutation in lieu of quarters be, and
the same is hereby allowed to the Superintendent of
the "Army Intelligence-Office" and his clerks, at the
discretion of the Secretary of War, and under such
regulations as may be prescribed by him, and that the
extra pay allowed said clerks shall be and is hereby
increased from twenty-five to fifty cents per day.
Oct. 13, 1862 ch. 61. Medals and badges as reward for courage and good conduct.
381. That the President be and he is hereby authorized
to bestow medals, with proper devices, upon
such officers of the armies of the Confederate States
as shall be conspicuous for courage and good conduct
on the field of battle; and also to confer a badge of
distinction upon one private or non-commissioned
officer of each company after every signal victory it
shall have assisted to achieve. The non-commissioned
officers and privates of the company who may be
present on the first dress-parade thereafter may
choose, by a majority of their votes, the soldier best
entitled to receive such distinction, whose name shall
be communicated to the President by commanding
officers of the company, and if the award fall upon a
deceased soldier, the badge thus awarded him shall
be delivered to his widow, or if there be no widow, to
any relation the President may adjudge entitled to
receive it.
Feb. 17, 1864 § 1, ch. 58. Promotion for peculiar valor or skill.
382. That the President is hereby authorized, upon
the recommendation of the general commanding a
department or a separate army in the field, to fill any
vacancy in the commissioned officers of a regiment or
battalion, by the promotion to the same, by and with
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the advice and consent of the Senate, of any officer,
non-commissioned officer, or private who may have
distinguished himself by exhibiting peculiar valor or
skill on the battle-field [157, 158, 105]: Provided, That
the officer, non-commissioned officer, or private so
recommended and nominated for promotion shall
belong to the regiment or battalion in which the
vacancy may have occurred.
Ibid, §2. Repeal of conflicting laws.
383. All acts and parts of acts in conflict with the
above provisions are hereby repealed.
Aug. 21, 1861 Res. 5. Cavalry equipments.
384. That the Secretary of War be and he is hereby
authorized, in his discretion, to furnish to volunteer
cavalry companies, whose services are accepted for
the war by the Confederate States, all necessary
equipments.
Aug. 21, 1861 ch. 26. Horses purchased by order of Col. Angus W. McDonald.
385. That the Secretary of War be and he is hereby
authorized to cause payment to be made to the vendors,
upon an audit of the accounts of certain horses
heretofore purchased by order of Colonel Angus W.
McDonald, to mount the men he was authorized to
raise by order of the President of the Confederate
States; and upon the payment of the said accounts
said horses shall become the property of the government,
and shall be subject to the control of the
quartermaster's department: Provided, however, That
the Quartermaster-General shall be and he is hereby
empowered to permit said horses to remain in the
possession of the volunteers who now have them,
subject to the general law controlling cavalry troops,
upon the written agreement of said volunteers that
said horses will be paid for by them out of the allowances
now made for cavalry troops.
Jan. 22, 1864 ch. 11. Procuring or enticing soldiers to desert.
Purchase of arms, clothing, etc., from soldiers.
386. 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
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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.
Feb. 11, 1864 ch. 29. Officers or privates to be paid for performance of staff duty.
387. 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 be was so
engaged in the discharge of such duties: Provided,
That there was not then present, fit for duty, any
officer duly appointed for the discharge of the same
[see also 205].
III.--ARMS AND MUNITIONS.*
- 388. Contracts for ordnance and arms. Machinery. Agents and artisans.
Powder-mills and powder. - 389. Arms, etc., acquired from the United States.
- 390. Repeal of the United States laws relative to arms and military
supplies of a patented invention. - 391. Authorizing the construction of "Winans' gun."
- 392. Arms of volunteers.
Feb. 20, 1861 ch. 4. Contracts for ordnance and arms.
Machinery.
Agents and artisans. Powder-mills and powder.
388. That the President, or Secretary of War under
his direction, is hereby authorized and empowered to
make contracts for the purchase and manufacture of
heavy ordnance and small-arms; and of machine
for the manufacture or alteration of small-arms and
munitions of war; and to employ the necessary agent
and artisans for those purposes; and to make contracts
for the establishment of powder-mills and the
manufacture of powder; and the President is authorized
to make contracts provided for in this act, in
* For arms captured
by partisan rangers, 291. For manufactories of small-arms,
saltpetre, etc., 454 et seq. For payment for private arms of persons mustered
into service, see 153. For armories, 47 et seq. For advances on contracts
for arms and munitions, see 558.
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such manner and on such terms as, in his judgment,
the public exigencies may require.
Feb. 28, 1861 §2. ch. 22. Arms, etc., acquired from the United States.
389. That the President is hereby authorized to
receive from the several states the arms and munitions
of war which have been acquired from the United
States, and which are now in the forts, arsenals, and
navy-yards of said states, and all other arms and
munitions which they may desire to turn over and
make chargeable to this government.
May 16, 1861 §11, ch. 20. Repeal of United States law relative to arms and military supplies of a patented invention.
390. That the provision of the third section of the
act of the Congress of the United States, making
appropriations for the legislative, executive, and judicial
expenses of the government for the year ending
the thirtieth day of June, A. D. eighteen hundred and
sixty-one, approved June twenty-third, eighteen hundred
and sixty, which declares that no arms nor military
supplies whatever, which are of a patented
invention, shall be purchased, nor the right of using
or applying any patented invention, unless the same
shall be authorized by law, and the appropriation
therefor explicitly set forth that it is for such patented
invention (if of force within the Confederate States),
shall be suspended in its operation for and during the
existing war.
Aug. 6, 1861 ch. 17. Authorizing construction of a machine known as "Winans' Gun."
391. Whereas Charles S. Dickinson alleges that he
has invented a machine, generally known as "Winans'
Gun," whereby balls can be projected with such force,
rapidity, and precision as to render it a valuable implement
of war, both in the army and navy:
The Congress of the Confederate States of America do,
therefore, enact, That the President be and he is hereby
authorized, in his discretion, to cause one machine of
this description, calculated to throw balls measuring
about three-fourths of an inch in diameter, and weighing
about two ounces, to be constructed under the
direction of said Dickinson: Provided, that the cost
thereof shall not exceed five thousand dollars.
Jan. 22, 1862 Res. 10. Arms of volunteers.
392. That the military exigencies of the Confederate
States render it absolutely necessary that the
arms of the volunteers now in the service should be
kept within the control of the President of the Confederate
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States, so that, whenever the present volunteers
shall be discharged from service, the arms may
be placed in the hands of others.
IV.--FLAG.
- 393. Described and established.
May 1, 1863 ch. 88. Described and established.
393. That the flag of the Confederate States shall
be as follows: the field to be white, the length double
the width of the flag, with the union (now used as
the battle-flag) to be a square of two-thirds the
width of the flag, having the ground red; thereon a
broad saltier of blue, bordered with white, and emblazoned
with white mullets or five-pointed stars, corresponding
in number to that of the Confederate
States.
V.--FORTS AND ARSENALS.
- 394. Questions and difficulties relating to occupation.
- 395. Cession to Confederate States recommended.
Feb. 12, 1861 Res. 5. Questions and difficulties relating to occupation.
394. Resolved, by the Congress of the Confederate States
of America, That this government takes under its
charge the questions and difficulties now existing between
the several states of this Confederacy and the
Government of the United States of America relating
to the occupation of forts, arsenals, navy-yards, and
other public establishments; and that the President
of the Congress be directed to Communicate this resolution
to the several states of this Confederacy through
the respective governors thereof.
March 15, 1861, Res. 19. Cession to Confederate States recommended.
395. Resolved, by the Congress of the Confederate States,
That the Congress do recommend to the respective
states to cede the forts, arsenals, navy-yards, dockyards,
and other public establishments within their
respective limits, to the Confederate States; and, moreover,
to cede so much of the lands reserved heretofore
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by the Government of the United States, or other
public vacant lands in their respective limits, as may
be necessary for timber or lumber for naval or other
purposes of public concern; and that the President of
Congress be requested to communicate these resolutions
and the accompanying report to the governors
of the respective states.
Resolved, further, That, in case of such cession, the
President be and he is hereby authorized and empowered
to take charge of any such property ceded.
VI.--HABEAS CORPUS.
[See "Clauses of the Constitution" in Appendix.]
- 396. Power to suspend.
- 397. Limitation as to arrests.
- 398. Duration of the act.
- 399. Power to suspend. Limitation as to arrests.
- 400. Investigation of cases.
- 401. Duration of the act.
- 402. Suspension of writ. Specified cases.
- 403. Investigation of cases.
- 404. Answer to writ.
- 405. Duration of act.
Feb. 27, 1862 ch. 2. Power to suspend.
396. The Congress of the Confederate States of America
do enact, That during the present invasion of the Confederate
States the President shall have power to
suspend the privilege of the writ of habeas corpus in
such cities, towns, and military districts as shall, in
his judgment, be in such danger of attack by the
enemy as to require the declaration of martial law for
their effective defence.
April 19, 1862, §1, ch. 44. Limitation as to arrests.
397. That the act [396] authorizing the suspension
of the writ of habeas corpus is hereby limited to arrests
made by the authorities of the Confederate government,
or for offences against the same.
Ibid, §2. Duration of the act.
398. That the act which this act is intended to limit
shall continue in force for thirty days after the next
meeting of Congress, and no longer.
Oct. 13, 1862 §1, ch. 51. Power to suspend.
Limitation as to arrests.
399. That during the present invasion of the Confederate
States the President shall have power to
Page 133
suspend the privilege of the writ of habeas corpus in
any city, town, or military district whenever, in his
judgment, the public safety may require it; but such
suspension shall apply only to arrests made by the
authorities of the Confederate government, or for
offences against the same.
Ibid, §2. Investigation of cases.
400. The President shall cause proper officers to investigate
the cases of all persons so arrested, in order
that they may be discharged, if improperly detained,
unless they can be speedily tried in due course of law.
Ibid, §3. Duration of the act.
401. This act shall continue in force for thirty days
after the next meeting of Congress, and no longer.
Feb. 15, 1864 §1, ch. 37. Preamble.
402. 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 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,
Suspension of writ.
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
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safety, by suspending the writ of habeas corpus in the
following cases, and no others:
Specified 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 States.
Eighth--Of unlawful trading with the enemy, and
other offences against the laws of the Confederate
States enacted to promote their success in the war.
Ninth--Of conspiracies, or attempts to liberate
prisoners of war held by the Confederate States.
Tenth--Of conspiracies, or attempts or preparations
to aid the enemy.
Eleventh--Of persons advising or inciting others to
abandon the Confederate cause, or to resist the Confederate
States, or to adhere to the enemy.
Twelfth--Of unlawfully burning, destroying, or injuring,
or attempting to burn, destroy, or injure any
bridge, or railroad, or telegraphic line of communication,
or other property, with the intent of aiding the
enemy.
Thirteenth--Of treasonable designs to impair the
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military power of the government by destroying, or
attempting to destroy, the vessels, or arms, or munitions
of war, or arsenals, foundries, workshops, or
other property of the Confederate States.
Ibid, 2. Investigation of cases.
403. The President shall cause proper officers to investigate
the cases of all persons so arrested or detained,
in order that they may be discharged, if improperly
detained, unless they can be speedily tried
in the due course of law.
Ibid, §3. Answer to writ.
404. That during the suspension aforesaid no military
or other officer shall be compelled, in answer to
any writ of habeas corpus, to appear in person, or to
return the body of any person or persons detained by
him by the authority of the President, Secretary of
War, or the general officer commanding the trans-Mississippi
department; but upon the certificate, under
oath, of the officer having charge of any one so detained,
that such person is detained by him as a prisoner
for any of the causes herein before specified,
under the authority aforesaid, further proceedings
under the writ of habeas corpus shall immediately
cease, and remain suspended so long as this act shall
continue in force.
Ibid, §4. Duration of the act.
405. This act shall continue in force for ninety days
after the next meeting of Congress, and no longer.
VII.--HOSPITALS:* SICK AND WOUNDED
SOLDIERS.
- 406. Laundresses.
- 407. Pay of laundresses.
- 408. Hospital fund; how constituted and managed.
- 409. Transportation of supplies by railroads and boats.
- 410. Clothing allowed.
- 411. Matrons, female nurses, and attendants. Surgeons and assistant
surgeons may employ other nurses, cooks, and ward-masters.
Soldiers assigned as nurses and ward-masters.
* For hospital
surgeons and assistant surgeons, see 207.
For hospital stewards, 42.
For clerk in charge of supplies contributed to hospitals, 43.
For hospital guards and clerks, see 172 et seq.
For cooks and nurses for sick and wounded, 244.
For authority of quartermasters to administer oath to sick and wounded soldiers, 379.
Page 136
- 412. Hospitals; how designated. To what hospitals sick or wounded
soldiers shall be sent. - 413. Pay of cooks, nurses, etc.
- 414. Transportation of sick and wounded soldiers. Provision for water.
- 415. Detail to accompany sick and wounded.
- 416. Commutation value of rations increased. Rules and regulations.
- 417. Idem.
- 418. Way hospitals.
- 419. Furloughs and discharges.
- 420. Idem.
- 421. No passport required other than furlough.
- 422. Discharges and transportation.
- 423. Board of examiners.
- 424. Duty of house surgeons.
- 425. Officers allowed hospital accommodations at one dollar per day.
- 426. When officers shall be without money.
- 427. Accommodations to include subsistence.
Dec. 7, 1861 ch. 3. Laundresses
406. That superintendents of the different military
hospitals be and they are hereby authorized to employ
laundresses for the sick and wounded soldiers, at such
rates, and in such numbers, as may be prescribed by
the War department.
May 1, 1863 §2, ch. 86. Pay of laundresses.
407. That the pay to be hereafter allowed to all
laundresses in hospitals or other places, in the service
of the Confederate States, shall be twenty-five dollars
per month, with rations and quarters, instead of the
pay now allowed by law.
Sept. 27, 1862 §1, ch. 17. Hospital fund; how constitnted and managed.
408. That the commutation value of rations of sick
and disabled soldiers, in the hospitals of the Confederate
States, is hereby fixed at one dollar [416, 417],
instead of the commutation now allowed by law, which
shall constitute the hospital fund, and be held by the
commissary, and be paid over by him, from time to
time, to the surgeon or assistant surgeon in charge of
the hospital of which the soldier, whose ration was
commuted, is an inmate, upon the said surgeon or assistant
surgeon's requisition, made in writing, when
necessary to purchase supplies for said hospital: Provided,
however, When said sum for any one hospital
shall increase over and above the monthly expenditures
of the same to an amount exceeding the sum of
five thousand dollars, the said commissary shall be required
to deposit the said excess over and above the
said five thousand dollars in the Treasury of the Confederate
States, or such other place of deposit where
government moneys are ordered to be kept; which said
Page 137
deposits, when so made, shall be passed to the credit
of the said Confederate States, and be liable to draft
as other public moneys are; and all such funds shall
be accounted for by the said commissary in his monthly
report and abstracts as now required by law: And
provided, further, That all such surgeons and assistant
surgeons who shall receive from the said commissary
any part of said hospital fund, to be expended for the
use of hospitals, shall be held liable for a faithful application
of it, and in a weekly account and abstract,
to be made out and forwarded to the office of the Surgeon-General,
to be verified in every instance by vouchers,
shall show what disposition has been made of it,
which account, abstract, and accompanying vouchers,
shall be placed on file.
Ibid, §2. Transportation of supplies by railroads and boats.
409. That the Secretary of War is hereby authorized
and directed to make a contract with the several railroad
companies and lines of boats, for the speediest
practicable transportation of all supplies purchased
for the use of hospitals by agents accredited by the
surgeon or assistant surgeon in charge for that purpose,
or donations by individuals, societies, or states; and
it shall be lawful for the Quartermaster-General to furnish
general transportation tickets to such agents upon
all railroad trains and canal-boats, when engaged in the
actual service of said hospitals, upon the request of the
said surgeon or assistant surgeon.
Ibid, §3. Clothing allowed.
410. That there shall be allowed to each hospital of
the Confederate States suits of clothing, consisting of
shirts, pantaloons, and drawers, equal to the number
of beds in the same, for the use of the sick while in the
hospitals, when so ordered by the surgeon or assistant
surgeon in charge--which said clothing shall be drawn
upon the written requisition of said surgeon or assistant
surgeon, and shall be receipted for and kept as
hospital clothing, and be accounted for by him as other
public property.
Ibid, §4. Matrons, female nurses, and attendants.
Surgeons and assistant surgeons may employ other nurses, cooks and ward-masters.
Soldiers assigned as nurses and ward-masters.
411. That there be allowed to each hospital, with
rations and suitable places of lodging, the following
matrons, and female nurses and attendants, viz: Two
matrons, to be known and designated as hospital
Page 138
matrons in chief, at a salary not to exceed forty dollars
per month each, whose general duties shall be to exercise
a superintendence over the entire domestic economy
of the hospital, to take charge of such delicacies,
as may be provided for the sick, to apportion them out
as required, to see that the food or diet is properly prepared,
and all such other duties as may be necessary.
Two matrons, to be known and designated as assistant
matrons, whose general duties shall be to superintend
the laundry, to take charge of the clothing of the sick,
the bedding of the hospital, to see that they are kept
clean and neat, and perform such other duties as may
be necessary, at a salary not to exceed thirty-five
dollars per month each. Two matrons for each ward,
at a salary not to exceed thirty dollars per month
each, to be known and designated as ward-matrons,
whose general duties shall be to prepare the beds and
bedding of their respective wards, to see that they are
kept clean and in order, that the food or diet for the
sick is carefully prepared and furnished to them, the
medicine administered, and that all patients requiring
careful nursing are attended to, and all such other duties
as may be necessary. And all surgeons and assistant
surgeons in charge of a hospital are hereby
authorized to employ such other nurses, either male
or female, as may be necessary to the proper care and
attention of the sick, at a salary each not to exceed
twenty-five dollars per month, and also the necessary
cooks, at a salary not to exceed twenty-five dollars
each, and one ward-master for each ward, at a salary
not to exceed twenty-five dollars per month each, giving
preference in all cases to females where their services
may best subserve the purpose; and in the event
a sufficient number of such nurses and ward-masters
can not be employed, not liable to military service,
and it shall become necessary to assign to this duty
soldiers in the service, then, upon the requisition of
such surgeon or assistant surgeon in charge of such
hospital, the soldier or soldiers so assigned, who are
skilful and competent, shall be permanently detailed
to this duty, and shall only be removable for neglect
Page 139
or inattention by the surgeon or assistant surgeon in
charge: Provided, In all cases, that all other attendants
and servants, not herein provided for, necessary to
the service of said hospital, shall be allowed as now
provided by law.
Ibid, §5. Hospitals; how designated. To what hospitals sick or
wounded soldiers shall be sent
412. That the hospitals of the Confederate States
shall hereafter be known and numbered as hospitals
of a particular state; and in all cases where the same
can be done without injury to the patients or great
inconvenience to the government, all sick or wounded
soldiers, being citizens or residents of such particular
state, shall be sent to such hospital as may represent
the same, and to such private or state hospitals representing
the same, which may be willing to receive.
them.
Ibid, §6. Pay of nurses, cooks, etc.
413. That all persons authorized to be employed by
section fourth of this act [411], who are not engaged
in the military service, and whose pay is not now provided
for by law, shall be paid monthly by any quartermaster
or other person authorized to pay troops in
the military service, upon a muster or pay roll to be
made out and certified to by the surgeon or assistant
surgeon having in charge the hospital or hospitals in
which said persons have been employed.
Ibid, §7. Transportation of sick and wounded soldiers.
Provision fro water.
414. That the Secretary of War is hereby authorized,
in such way and manner as be may deem best,
and under such rules and regulations as he may prescribe,
to enter into and perfect some suitable arrangement
with the railroad companies, their officers, or
authorized agents, whereby seats in one or more cars
of each railroad train, as the necessities of the case
may be, shall be reserved for the use of the sick and
wounded soldiers who may desire transportation on
any such railroad, and that no person not sick or wounded,
and not an attendant upon the sick and wounded,
shall be permitted to enter any such car or cars so
reserved, until the said sick and wounded and their
attendants shall first have obtained seats; and also
shall perfect some arrangement with the said railroad
companies, their officers, or agents, whereby all conductors
having in charge any such trains shall be required
Page 140
to provide, for the use of the sick and wounded
in the cars so reserved, a sufficient quantity of pure
water.
Ibid, §8. Detail to accompany sick and wounded.
415. That all surgeons and assistant surgeons in
charge of a hospital, having in his or their charge any
sick or wounded soldier, desiring transportation as
aforesaid, shall, in all cases, detail some competent person,
acting under his or their authority, whose duty it
shall be to accompany all such sick and wounded to
the depot of any such railroad, to see that all such are
properly cared for, and that they obtain seats on the
said car or cars so reserved.
May 1, 1863 §1, ch. 86. Commutation value of rations increased.
416. That the commutation value of rations of sick
and disabled soldiers of the army shall, from and after
the passage of this act, be fixed at one dollar and twenty-five
cents each [417], instead of one dollar, as provided
in the first section of the above recited act, and
that the provisions of this act, and the above recited
act, approved September twenty-seventh, one thousand
eight hundred and sixty-two, shall be so construed
as to apply to all sick and disabled soldiers of the army,
whether in hospitals or other places, used in camp or
in the field as hospitals; and that it shall be the duty
of the Surgeon-General, under the direction of the
Secretary of War, to prescribe such rules and regulations
in his department as will secure to all sick and
disabled soldiers the benefit of the provisions of this
and the act to which this is an amendment: Provided,
That twenty-five cents for each ration so commuted
shall not be drawn or appropriated until the Secretary
of War shall deem the same necessary to purchase
suitable supplies for the use of the sick and disabled
of the army.
Feb. 15, 1864 ch. 35. Idem.
417. 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.
May 1, 1863 §3, ch. 86. Way hospitals.
418. That, in addition to the hospitals now established,
it shall be the duty of the Surgeon-General to establish,
at convenient and suitable points of location
on the different railroad routes, such other hospitals as
Page 141
may be necessary to furnish quarters and rations to
sick and disabled soldiers who may be permitted to return
home on furlough, or after an honorable discharge
from the military service; and the hospitals so established
shall be known and designated as way hospitals,
and shall be furnished with suitable bedding and provisions,
and in every respect be under the same rules
and regulations of other hospitals.
May 1, 1863 §1, ch. 69. Furloughs and discharges.
419. That sick, wounded, and disabled soldiers in
hospitals shall be entitled to furloughs and discharges
under the following rules and regulations: In places
where there are three or more hospitals, three surgeons
in charge of hospitals, or divisions in hospitals, shall
constitute a board of examiners for the hospitals to
which they belong, whose duty it shall be, twice in
each week, to visit said hospitals, and examine applicants
for furloughs and discharges; and in all cases
where they shall find an applicant for furlough unfit
for military duty, either from disease or wounds, and
likely so to remain for thirty days [420] or upwards,
they shall grant a furlough for such time as they shall
deem him unfit for duty, not to exceed sixty days.
Said board shall keep a secretary or clerk, who shall
issue all furloughs by order of the board, and shall
specify therein the time of furlough, the place of the
residence of the soldier, his company, regiment, and
brigade.
Feb. 17, 1864 ch. 48. Idem.
420. That an act regulating the granting of furloughs
and discharges in hospitals, approved May the first,
eighteen hundred and sixty-three [419], be and the
same is hereby so amended as to provide that the period
of disability therein named which entitles soldiers,
sick and wounded in hospitals, to furloughs, shall be
extended to sixty days or upwards, in which case the
board of examiners may grant furloughs for sixty
days.
May 1, 1863 §2, ch. 69. No passport required other than furlough.
421. That no further regulation shall be required of
the soldier, and no passport required other than his
furlough.
Page 142
Ibid, §3. Discharges and transportation.
422. That the said board may recommend discharges,
stating the grounds thereof, which, when approved by
the Surgeon-General or the general commanding the
army or department to which the soldier belongs, shall
entitle him to a discharge and transportation to the
place of his enlistment or residence.
Ibid, §4. Board of examiners.
423. That in places where there are but two hospitals,
two surgeons in charge of a hospital or division
shall constitute a board for the purposes aforesaid;
and in places where there is but one, the surgeon in
charge, and two assistant surgeons, if there be two,
and if not, then one, shall constitute a board for the
purpose aforesaid, and may furlough and recommend
discharges as aforesaid: Provided, That no furlough
shall be granted under the provisions of this act, if, in
the opinion of the board, the life or convalescence of
the patient would be endangered thereby.
Ibid, §5. Duty of house surgeons.
424. The house surgeon in all hospitals shall see each
patient tinder his charge once every day.
April 29, 1863, §1, ch. 47. Officers allowed hospital accommodations at
one dollar per day.
425. That sick or wounded officers shall be allowed
hospital accommodations [427] in any of the hospitals
of the Confederate States, at one dollar per diem.
Ibid. §2. When officers shall be without money.
426. When said officer shall be without money, he
shall nevertheless be entitled to the same. The surgeon
in charge, at the expiration of every thirty days,
shall state the account, and be entitled to draw the
amount at any place where the officer might have
drawn it, which shall be deducted from said officer's
pay in the same way as if he himself had drawn it,
and any officer drawing the same again shall be punished
as in the case of fraudulent drawers.
Feb. 13, 1864 Res. 19. Accommodations to include subsistence.
427. That the true intent and meaning of an act allowing
hospital accommodations to sick and wounded
officers, approved the twenty-ninth day of April, eighteen
hundred and sixty-three [425], were to cause to
be furnished not only medicines, medical and other attendance
and lodging, but subsistence also.
Page 143
VIII.--IMPRESSMENTS.
[See "Employment of Negroes," 179.]
- 428. Of forage--articles of subsistence or other property absolutely
necessary, authorized. Value of property; how to be
ascertained. - 429. Payment to be made and certificate to be given by the impressing
officer. - 430. Value of property; when to be assessed, and how.
- 431. When the Secretary of War may authorize property to be taken
for public use. - 432. Commissioners to be appointed in each state--one by the President,
and one by the governor. Schedule of prices to be
published every two months. - 433. Property in the hands of any person other than the raiser or producer;
how to be paid for. Cases of disagreement; how decided. - 434. Property necessary for the support of the owner and family not to
be impressed. - 435. Property impressed for temporary use and destroyed, to be paid
for. - 436. Impressment of slaves; how regulated.
- 437. Certain slaves not to be impressed except in cases of urgent
necessity. - 438. Substitute for preceding section.
- 439. Penalty for violating provisions of this act.
- 440. Impressing officer to approve or disapprove appraisements. Final
valuation. - 441. Repeal of foregoing act. Affidavit of owner or agent.
- 442. Property to be paid for at the time, unless an appeal is taken.
- 443. Impressing officer to endorse his approval or refusal on appraisement.
Appeal. - 444. Commissioners may summon witnesses. Valuation.
- 445. Oath to be taken.
- 446. No impressment for benefit of contractors.
- 447. As to appeals.
- 448. Impressment of meat.
- 449. Quantity allowed to be retained. Mode of exercising the powers
granted. - 450. Notice to be given to owner of the quantity required, etc.
- 451. Duty of owner on notice being served.
- 452. Mode of ascertaining quantity and compensation.
- 453. Certificate of impressing officer. Payment.
March 26, 1863, §1, ch. 10. Of forage--articles of subsistence or other
property absolutely necessary, authorized.
Value of property; how to be ascertained.
428. The Congress of the Confederate States of America
do enact, That whenever the exigencies of any army
in the field are such as to make impressments of forage,
articles of subsistence, or other property absolutely
necessary, then such impressments may be made
by the officer or officers whose duty it is to furnish
such forage, articles of subsistence, or other property
for such army. In cases where the owner of such
property and the impressing officer call not agree
upon the value thereof; it shall be the duty of such
impressing officer, upon an affidavit in writing of the
owner of such property, or his agent, that such property
Page 144
was grown, raised, or produced by said owner,
or is held or has been purchased by him, not for sale
or speculation, but for his own use or consumption, to
cause the same to be ascertained and determined by
the judgment of two loyal and disinterested citizens
of the city, county, or parish in which such impressments
may be made--one to be selected by the owner,
one by the impressing officer; and in the event of
their disagreement, these two shall choose an umpire
of like qualifications, whose decision shall be final,
The persons thus selected, after an oath to appraise
the property impressed, fairly and impartially (which
oath, as well as the affidavit provided for in this section,
the impressing officer is hereby authorized to administer
and certify), shall proceed to assess just compensation
for the property so impressed, whether the
absolute ownership, or the temporary use thereof, only
is required.
Ibid, §2. Payment to be made and certificate to be given by the impressing officer.
429. That the officer or person impressing property
as aforesaid shall, at the time of said taking, pay to
the owner, his agent, or attorney, the compensation
fixed by said appraisers; and shall also give to the
owner, or person controlling said property, a certificate,
over his official signature, specifying the battalion,
regiment, brigade, division, or corps to which
he belongs; that said property is essential for the use
of the army, could not be otherwise procured, and
was taken through absolute necessity; setting forth
the time and place when and where taken, the amount
of compensation fixed by said appraisers, and the
sum, if any, paid for the same. Said certificate shall
be evidence for the owner, as well of the taking of
said property for the public use as the right of the
owner to the amount of compensation fixed as aforesaid.
And in case said officer or person taking said
property shall have failed to pay the owner or his
agent said compensation as hereinbefore required,
then said owner shall be entitled to the speedy payment
of the same by the proper disbursing officer--which,
when so paid, shall be in full satisfaction of all
Page 145
claims against the Government of the Confederate
States.
Ibid, §3. Value of property; when to be assessed, and how.
430. Whenever the appraisement provided for in
the first section of this act shall, for any reason, be
impracticable at the time of said impressment, then
and in that case the value of the property impressed
shall be assessed as soon as possible, by two loyal and
disinterested citizens of the city, county, or parish
wherein the property was taken, chosen as follows:
one by the owner, and one by the Commissary or
Quartermaster-General, or his agent, who, in case of
disagreement, shall choose a third citizen, of like
qualifications, as an umpire, to decide the matters in
dispute--who shall be sworn as aforesaid, who shall
hear the proofs adduced by the parties as to the value
of said property, and assess a just compensation therefor,
according to the testimony.
Ibid, §4. When the Secretary of War may authorize property to be
taken for public use.
431. That whenever the Secretary of War shall be
of opinion that it is necessary to take private property
for public use, by reason of the impracticability of
procuring the same by purchase, so as to accumulate
necessary supplies for the army, or the good of the
service, in any locality, he may, by general order,
through the proper subordinate officers, authorize such
property to be taken for the public use--the compensation
due the owner for the same to be determined,
and the value fixed, as provided for in the first and
second sections of this act.
Ibid 5. Commissioners to be appointed in each state--one by the President
and one by the governor.
Schedule of prices to be published every two months.
432. That it shall be the duty of the President, as
early as practicable after the passage of this act, to
appoint a commissioner in each state where property
shall be taken for the public use, and request the governor
of such of the states in which the President
shall appoint said commissioner, to appoint another
commissioner, to act in conjunction with the commissioner
appointed by the President, who shall receive
the compensation of eight dollars per day, and ten
cents per mile as mileage, to be paid by the Confederate
government. Said commissioners shall constitute
a board, whose duty it shall be to fix upon the prices
to be paid by the government for all property impressed
Page 146
or taken for the public use as aforesaid, so as
to afford just compensation to the owners thereof.
Said commissioners shall agree upon and publish a
schedule of prices, every two months, or oftener, if
they shall deem it proper; and in the event they shall
not be able to agree in any matter confided to them
in this act, they shall have power to appoint an umpire
to decide the matter in dispute, whose decision
shall be the decision of the board; and said umpire
shall receive the same rate of compensation for the
time he shall serve, allowed to said commissioners
respectively: Provided, That said commissioners shall
be residents of the state for which they shall be appointed;
and if the governor of any state shall refuse
or neglect to appoint said commissioner within ten
days after a request to do so by the President, then
the President shall appoint both commissioners, by
and with the advice and consent of the Senate.
Ibid, §6. Property in the hands of any person other than the raiser
or producer; how to be paid for.
Cases of disagreement; how decided.
433. That all property impressed or taken for the
public use as aforesaid, in the hands of any person
other than the persons who have raised, grown, or
produced the same, or persons holding the same for
their own use or consumption, and who shall make
the affidavit as hereinbefore required, shall be paid for
according to the schedule of prices fixed by the commissioners
as aforesaid. But if the officer impressing
or taking for the public use such property and the
owner shall differ as to the quality of the article or
property impressed or taken as aforesaid, thereby
making it fall within a higher or lower price named
in the schedule, then the owner or agent and the officer
impressing or taking as aforesaid, may select
each a loyal and disinterested citizen, of the qualifications
as aforesaid, to determine the quality of said
article or property, who shall, in case of disagreement,
appoint an umpire of like qualifications, and his decision,
if approved by the officer impressing, shall be
final; but if not approved, the impressing officer shall
send the award to the commissioners of the state
where the property is impressed, with his reasons for
disapproving the same, and said commissioners may
Page 147
hear such proofs as the parties may respectively adduce,
and their decision shall be final: Provided, That
the owner may receive the price offered by the impressing
officer, without prejudice to his claim to receive
the higher compensation.
Ibid, §7. Property necessary for the support of the owner and family
not to be impressed.
434. That the property necessary for the support of
the owner and his family, and to carry on his ordinary
agricultural and mechanical business, to be ascertained
by the appraisers to be appointed as provided in the
first section of this act, under oath, shall not be taken
or impressed for the public use; and when the impressing
officer and the owner can not agree as to the
quantity of property necessary as aforesaid, then the
decision of the said appraisers shall be binding on the
officer and all other persons.
Ibid, §8. Property impressed for temporary use, and destroyed, to be paid for.
435. Where property has been impressed for temporary
use, and is lost or destroyed without the default
of the owner, the Government of the Confederate
States shall pay a just compensation therefor, to
be ascertained by appraisers appointed and qualified
as provided in the first section of this act. If such
property when returned has, in the opinion of the
owner, been injured while in the public use, the
amount of damage thereby sustained shall be determined
in the manner described in the third section of
this act, the officer returning the property being
authorized to act on behalf of the government; and
upon such inquiry, the certificate of the value of the
property, when originally impressed, shall be received
as prima facie evidence of the value thereof.
Ibid, §9. Impressment of slaves; how regulated.
436. Where slaves are impressed by the Confederate
government to labor on fortifications or other public
works, the impressment shall be made by said government
according to the rules and regulations provided
in the laws of the state wherein they are impressed;
and, in the absence of such law, in accordance
with such rules and regulations, not inconsistent with
the provisions of this act, as the Secretary of War
shall from time to time proscribe: Provided, That no
impressment of slaves shall be made when they can
Page 148
be hired or procured by the consent of the owner or
agent [179].
Ibid, §10. Certain slaves not to be impressed. except in case of urgent necessity.
437. That previous to the first day of December
next no slave, laboring on a farm or plantation exclusively
devoted to the production of grain and provisions,
shall be taken for the public use without the
consent of the owner, except in case of urgent necessity.
Feb. 16, 1864 §5, ch. 43. Substitute for preceding section.
438. That the tenth section of the act of which this
is an amendment be stricken out, and the following
inserted instead thereof:
"No slave laboring on a farm or plantation exclusively
devoted to the production of grain or provisions
shall be taken for public use, without the consent
of the owner, except in case of urgent necessity,
and upon the order of the general commanding the
department in which said farm or plantation is situated."
March 26, 1863, §11, ch. 10. Penalty for violating provisions of this act.
439. That any commissioned or non-commissioned
officer or private who shall violate the provisions of
this act shall be tried before the military court of the
corps to which he is attached, on complaint made by
the owner or other person, and, on conviction, if an
officer, he shall be cashiered, and put into the ranks as
a private; and if a non-commissioned officer or private,
he shall suffer such punishment, not inconsistent
with military law, as the court may direct.
April 27, 1863. ch: 44. Impressing officer to approve or disapprove appraisements.
Final valuation.
440. That in all cases of appraisement provided for
in said act [428], the officer impressing the property
shall, if he believe the appraisement to be fair and just,
endorse upon it his approval; if not, he shall endorse
upon it his reasons for refusing, and deliver the same,
with a receipt for the property impressed, to the owner,
his agent, or attorney, and, as soon as practicable,
forward a copy of the receipt and appraisement, and
his endorsement thereon, to the board of appraisers
appointed by the President and the governor of the
state, who shall revise the same and make a final
valuation, so as to give just compensation for the property
taken, which valuation shall be paid by the
Page 149
proper department for the use of which the property
was taken, on the certificate of the appraisers, as
provided in the act of which this is amendatory.
Feb. 16, 1864 §6, ch. 43. Repeal of foregoing act.
Affidavit of owner or agent.
441. That the act amendatory [440] of the above
recited act (approved April twenty-seventh, eighteen
hundred and sixty-three), and so much of the first
section of said act [428] as requires an affidavit to be
made by the owner or his agent that such property
was grown, raised, or produced by said owner, or held,
or has been purchased by him, not for sale or speculation,
but for his own use or consumption, be and the
same is hereby repealed.
Feb. 16, 1864 §1, ch. 43. Property to be paid for at the time unless an
appeal is taken.
442. That in all cases where property is impressed
for the use of the army and navy, or for other public
use, under said act, the same shall be paid for at the
time of said impressment, unless an appeal shall be
taken from said valuation, as hereinafter provided,
according to the valuation agreed upon between the
parties, or ascertained by loyal and disinterested citizens
of the city, county, or parish in which the impressment
may be made, in the manner and according
to the regulations provided in the first, second, and
third sections of the above recited act, or in the eighth
section thereof, where it is applicable.
Ibid, §2. Impressing officer to endorse his approval or refusal
of appraisement.
Appeal.
443. Whenever the officer making the impressment
of property under the act hereby amended shall
believe that the appraisement is fair and just, he shall
endorse his approval upon the appraisement, and
make payment accordingly; but if he shall believe
that it is not fair and just, then he shall refuse to approve,
and endorse the reasons of his refusal on the
certificate, and shall have the right to appeal from the
decision of the appraisers, by reporting the case to
the commissioners appointed under said act to which
this is an amendment, for their decision, whose judgment
shall be final; and in the meantime the property
shall be held and appropriated by the officer impressing
the same, who shall give a receipt therefor to the
owner, who shall also have the right of appeal as
herein provided.
Ibid, §3. Commissioners may summon witnesses.
Valuation.
444. The said commissioners shall have power to
Page 150
summon and examine witnesses to enable them to fix
the value of property impressed, which shall be a just
compensation for the property so impressed, at the
time and place of impressment; and when the commissioners
shall have fixed the value of property in
cases of appeal, they shall furnish the owner and
impressing officer with a statement of such value,
which valuation by the commissioners shall be within
three months from the time of impressment.
Ibid, §4. Oath to be taken.
445. That said commissioners shall be sworn faithfully
to discharge all their duties under this act and
the act to which this is an amendment.
Ibid, §7. No impressment for benefit of contractors
446. That no impressment shall be made under this
act, or the act to which this is amendatory, for the
use or benefit of contractors with the government.
Ibid, §8. As to appeals.
447. Nothing in this act shall be construed to
authorize the impressing officer to enter an appeal
from any decision of the local appraisers, under the
seventh section of the act to which this is amendatory.
Feb. 17, 1864, §1, ch. 52. Impressment of meat.
448. That whenever the President shall declare that
the public exigencies render it necessary, impressments
of meat for the use of the army may be made
from any supplies that may exist in the country,
under the express condition that just compensation
shall be afforded to the owner of the meat taken or
impressed, and subjected to the following restrictions
and limitations:
Ibid, §2. Quantity allowed to be retained.
Mode of exercising the powers granted.
449. The power to direct such impressments shall
be conferred upon the Secretary of War; but he shall
not reduce the supplies of any person below one-half
of the quantity usually allowed for the support of
himself, his family, and dependents for the year. He
shall exercise the said power by orders directed to the
officers or agents he may employ, who shall have
explicit instructions as to the mode of its execution,
and injunctions that the same shall not be abused.
Ibid, §3. Notice to be given to owner of the quantity required, etc.
450. That these orders shall direct that a notice
shall be given to the owner of the meat needed, his
bailee, or other agent, declaring the quantity required,
the price offered, the existence of a necessity, and
Page 151
whether possession is to be taken of the same immediately,
and with whom the risk of the safe-keeping
is to be, pending the negotiation, and in what manner
the compensation shall be settled in case the offer is
not accepted--service of which notice shall be a condition
precedent to any impressment or seizure by
the impressing officer.
Ibid, §4. Duty of owner on notice being served
451. That upon the service of this notice upon the
owner of any meat liable to impressment, the owner
shall hold the same, subject to the claim of the Confederate
States, and shall be entitled to just compensation,
according to the provisions of this act; and if
the necessity is declared by the impressing officer to
be urgent, he shall deliver the possession to the impressing
officer upon his demand, who shall give a
receipt therefor, as provided in the sixth section of
this act.
Ibid, §5. Mode of ascertaining quantity and compensation.
452. That for the ascertainment of the quantity of
meat liable to impressment under this act, and also of
just compensation for the same, where the owner and
impressing officer can not agree, the impressing officer
shall appoint one loyal and disinterested citizen of the
county, district, or parish in which the meat impressed
shall be at the time of impressment; and the owner of
the meat so impressed, his agent, or other bailee, shall
appoint another, who shall, upon oath, ascertain the
quantity liable to impressment, and the value of the
same at the date of the notice served upon the party,
which oath may be administered by the impressing
officer, and which ascertainment of the quantity and
value shall be conclusive evidence thereof; and if
the assessors can not agree, they may associate with
them a third person, of like qualifications, to make
said assessments.
Ibid, §6, Certificate of impressing officer.
Payment.
453. That whenever an impressment shall be made
under this act, it shall be the duty of the impressing
officer to give an official certificate, showing the quantity
taken, the company, battalion, regiment, or other
command for whose use it is required, the compensation
to be paid, the circumstances of necessity that
existed--which certificate shall be evidence of a claim
Page 152
against the Confederate States, and shall be promptly
paid by the disbursing officer of the command for
which the meat was taken, or by the chief of the
bureau having charge of disbursements for similar
objects.
IX.--MANUFACTURE OF SALTPETRE
AND SMALL-ARMS,* AND MINES FOR THE
PRODUCTION OF COAL AND IRON.
- 454. Establishment of factories. Advances by the government.
Conditions. - 455. Enlargement of existing factories.
- 456. Coal and iron mines. Contracts for purchase of coal and iron.
- 457. Sequestered land on which are mines of copper, iron, etc., etc.
April 17, 1862. §1, ch. 34. Establishment of factories. Allowances by
the government.
Conditions.
454. The Congress of the Confederate States of America
do enact, That any person or persons who may propose
to establish, within the limits of the Confederate States,
a manufactory or manufactories of saltpetre, and of
small-arms adapted to the use of the army, shall be
entitled to receive from the government an advance
of fifty per cent. of the amount required for the erection
and preparation of the works and machinery necessary
to such manufactory or manufactories, to be
repaid without interest in the product of such manufactory
or manufactories, at a price to be agreed upon
before such advance shall be made, and subject to the
following conditions, to wit: First, That the contractor
or contractors shall submit to the President a
plan of the proposed works, showing their location,
nature, and extent, together with a sworn estimate of
their probable cost, and a detailed account under oath
of the amount already expended on the same, which
amount shall be at least twenty-five per cent. of the
entire estimated cost of such work. Second, That the
amount so advanced shall be paid in instalments as
the works shall progress toward completion. Third,
That the proposed enterprise and works shall be approved
* See, "arms
and munitions," 388 et seq.
Page 153
by the President. Fourth, That the contractor
or contractors shall enter into bond, with sufficient
security, to be approved by the President, in the
penalty of double the amount proposed to be advanced,
and conditioned that the principal obligor or obligors
shall well and truly, by a certain time (which may be
extended by the President, if he thinks proper) named
in the bond, proceed to erect, complete, and put into
effective operation the manufactory or manufactories
proposed; that he or they will expend the sum named
for these purposes; that he or they will appropriate the
money advanced by the government to such purpose
and to no other use or purpose, and, as far as practicable,
keep the property insured; and that he or they
will repay the same from the merchantable articles
manufactured, to be delivered at such times and in
such quantities as may be agreed upon--the same, in
all cases, to be inspected by a government officer before
it is received--until he or they shall fully repay to the
Confederate States, in the article and at the price
stipulated for, the sum advanced; that the contractor
or contractors shall subscribe a written oath, endorsed
upon the back of said bond, which may be administered
by any one authorized to administer an oath, that
said advance is asked for the purposes specified in this
act, and no other, and that he or they will so apply
said funds, which may thus be advanced; and a wilful
and corrupt violation of this oath shall be deemed
perjury, and punishable by imprisonment for not less
than three nor more than ten years.
Ibid, §2. Enlargement of existing factories.
455. The provisions of this act shall apply to cases
of enlargement of manufactories of saltpetre and of
small-arms now established or being established within
the Confederate States, but the advances made in
such cases shall only be fifty per cent. upon the
amount proposed to be invested in the enlargement of
such manufactory or manufactories; and no now existing
investment in such manufactory or manufactories
shall be computed or taken into account in determining
such fifty per cent.
April 19, 1862, ch. 41. Coal and iron mines.
Contracts for purchase of coal and iron.
456. That the provisions of the act entitled "An
Page 154
act to encourage the manufacture of saltpetre and of
small-arms" [454] shall also apply to all establishments
or mines for the production of coal, and for the
production and manufacture of iron; and that, in addition
to the advance of fifty per cent. therein mentioned,
the President be and he is hereby authorized
to enter into contracts for the purchase of coal and
iron, in such quantities as may probably be required
for a series of years, not exceeding six, and to make
advances thereon not exceeding one-third of the
amount of such contract.
April 2, 1863, ch. 11. Sequestered land on which are mines of
copper, iron, etc., etc.
457. That any district court of the Confederate
States may, in its discretion, direct any of its receivers
to lease out any sequestered land within his district,
on which are any mines, or beds of copper, lead, iron,
coal, saltpetre, or other minerals, for a period not exceeding
three years, and in such manner and upon
such terms as the court may prescribe, and such orders
may be made either by the court or by the judge
thereof, in vacation.
X.--MISSOURI.
- 458. Aid extended.
- 459. Preamble. Co-operation of the President with the state authorities
to defend the state. Troops. Officers. Vacancies. - 460. Admission of the state upon certain conditions.
- 461. Recognition of the government of the people and State of Missouri.
Alliance. - 462. Missouri admitted.
- 463. First election for representatives to Congress.
- 464. Number entitled to.
- 465. Major-general and brigadier-generals for the troops to be raised
in Missouri. - 466. Pay. Staff. Duty.
- 467. Act when to take effect.
- 468. Repeal of act for raising troops in Missouri.
- 469. One million dollars to be issued on certain conditions.
- 470. To be deducted from amount due.
- 471. How to be applied.
- 472. One million dollars to be issued on certain conditions.
- 473. To be deducted from amount due.
- 474. Issue of amount authorized by act of January 27, 1862.
- 475. Pay of officers and soldiers enrolled under command of Major-General
Price. - 476. Pay of officers and soldiers of Missouri State Guard.
- 477. Conditions of payment.
- 478. Appropriation for certain officers and men of the Missouri State
Guard.
Page 155
Aug. 6, 1861. ch. 16. Aid extended.
458. The Congress of the Confederate States of America
do enact, That to aid the people of the State of Missouri
in the effort to maintain, within their own limits,
the constitutional liberty which it is the purpose of
the Confederate States in the existing war to vindicate,
there shall be and is hereby appropriated, out of
any moneys in the Treasury not otherwise appropriated,
one million of dollars, to supply clothing, subsistence,
arms, and ammunition to the troops of Missouri
who may co-operate with those of the Confederate
States during the progress of the existing war--said
sum to be expended under the discretion of the President
of the Confederate States, for the purposes aforesaid.
Aug. 20, 1861 §1, ch. 24. Preamble.
459. Whereas the people of the State of Missouri
have been prevented, by the unconstitutional interference
of the Government of the United States, from
expressing their will through their legally constituted
authorities in regard to a union with the Confederate
States of America, and are now engaged in repelling
a lawless invasion of their territory by armed forces;
and whereas it is the right and duty of the Confederate
States to aid the people and government of the
said state in resisting such invasion, and in securing
the means and the opportunity of expressing their
will upon all questions affecting their rights and liberties;
now, therefore,
Co-operation of the President with the state authorities to defend the state.
Troops.
Officers.
Vacancies.
The Congress of the Confederate States of America do
enact, That the President of the Confederate States of
America be and he is hereby authorized to co-operate,
through the military power of this government, with
the authorities and the people of the State of Missouri
in defending that state against a lawless invasion by
the United States, and in maintaining the liberty and
independence of her people; and that he be authorized
and empowered, at his discretion, to receive and
muster into the service of the Confederate States, in
the State of Missouri, such troops of that state as may
volunteer to serve in the Army of the Confederate
States, subject to the rules and regulations of said
army, and in accordance with the laws of Congress;
Page 156
and said troops may be received into service by companies,
battalions, or regiments, with their officers
elected by the troops, and the officers so elected shall
be commissioned by the President; and when mustered
into service said companies, battalions, or regiments
may be attached to such brigades or divisions
as the President may determine; and the President
shall have power to appoint field-officers for all battalions,
and regiments, organized out of separate companies
mustered into service, and to add to battalions
a sufficient number of separate companies to complete
their organization into regiments, and to appoint the
additional field-officers necessary for the complete organization
of the regiments so formed; and all vacancies
that may occur among the commissioned officers
of troops mustered into service under this act
shall be filled in the manner provided in the act entitled
"An act for the establishment and organization
of the Army of the Confederate States of America,"
approved sixth March, eighteen hundred and sixty-one
[10].
Ibid, §2. Admission of the state upon certain conditions.
460. That the State of Missouri shall be admitted a
member of the Confederate States of America, upon
an equal footing with the other states under the constitution
for the provisional government of the same,
upon the condition that the said constitution for the
provisional government of the Confederate States
shall be adopted and ratified by the properly and
legally constituted authorities of said state, and the
governor of said state shall transmit to the President
of the Confederate States an authentic copy of the
proceedings touching said adoption and ratification
by said state of said provisional constitution; upon
the receipt whereof, the President, by proclamation,
shall announce the fact; whereupon, and without any
further proceedings upon the part of Congress, the admission
of said State of Missouri into this Confederacy,
under said constitution for the provisional government
of the Confederate States, shall be considered as
complete; and the laws of this Confederacy shall be
thereby extended over said State of Missouri as fully
Page 157
and completely as over other states now composing
the same.
Ibid, §3. Recognition of the government of the people and State of Missouri.
Alliance.
461. That the Congress of the Confederate States
recognize the government of which Claiborne F. Jackson
is the chief magistrate to be the legally elected
and regularly constituted government of the people
and State of Missouri, and that the President of the
Confederate States be and he is hereby empowered, at
his discretion, at any time prior to the admission of
the said state as a member of this Confederacy, to
perfect and proclaim an alliance, offensive and defensive,
with the said government, limited to the period
of the existing war between this Confederacy and the
United States--the said treaty or alliance to be in
force from the date thereof, and until the same shall
be disaffirmed or rejected by this Congress.
Nov. 28, 1861 ch. 1. Missouri admitted.
462. That the State of Missouri be and is hereby
admitted as a member of the Confederate States of
America, upon an equal footing with the other states
of the Confederacy, under the constitution of the
provisional government of the same.
Nov. 29,1861 §1, ch. 2. First election for Representatives to Congress.
463. In case the State of Missouri shall adopt and
ratify the constitution for the permanent government
of the Confederate States of America, the time
for holding in said state the first election for members
of the House of Representatives, in the Congress of
said Confederate States, under said constitution, shall
be such as may be designated by the legislature of
said state; which election shall be conducted, in all
respects, according to said constitution and the law
of said state, then in force for that purpose; and if
no provision by law shall have been made for such
election, then according to the laws heretofore existing
therein for the election of members of the House
of Representatives in the Congress of the United
States.
Ibid, §2. Number entitled to.
464. The State of Missouri shall be entitled to elect
thirteen members to the House of Representatives,
the same being upon the basis of one member for
every ninety thousand representative population, and
one additional member for a fraction over one-half of
Page 158
the ratio aforesaid, under the census of the United
States taken in eighteen hundred and sixty, and being
the same basis of representation fixed for the seven
original states in said constitution for permanent
government.
Jan, 22, 1862 §1, ch. 45. Major-general and brigadier-generals for
the troops to be raised in Missouri.
465. [That the President be and is hereby authorized
to nominate, and, by and with the advice and consent
of Congress, to appoint and commission, in the
Provisional Army of the Confederate States, one major-general
and such brigadier-generals to the command
of troops, now and hereafter to be raised and
organized for the Provisional Army in the State of
Missouri, as he may think proper.
Ibid, §2. Pay.
Staff.
Duty.
466. All officers appointed under the provisions of
this act shall be entitled to receive pay from the date
of their respective appointments, and shall be allowed
the usual staff appropriate to their rank; and shall he
assigned to the duty of raising and organizing Confederate
forces in said state, with the view of putting
them and their respective commands in the field at
the earliest practicable period.
Ibid, §3. Act to take effect.
467. This act to take effect from and after its passage.]*
Feb. 17, 1862 ch. 84. Repeal of act for raising troops in Missouri.
468. That an act entitled "An act to provide for
raising and organizing, in the State of Missouri, additional
troops for the Provisional Army of the Confederate
States," endorsed, "passed January ninth,
eighteen hundred and sixty-two" [465], be and the
same is hereby repealed.
Jan. 27, 1862 §1. ch. 56. One million dollars to be issued on certain conditions.
469. That the Secretary of the Treasury is hereby
directed to issue to the State of Missouri, upon the
application of the fund commissioners for said state,
one million dollars in treasury notes, upon the condition
that the said State of Missouri deposit with the
Secretary of the Treasury of the Confederate States
an equal sum in the bonds of the State of Missouri,
authorized to be issued under an act of the legislature
* The foregoing act,
presented to the President on the 9th of January, 1862, was not approved by him, nor returned to the Congress within ten days (Sunday excepted) after being presented to him; it therefore became a law on the 22d January, 1862, but was repealed. See 373.
Page 159
of said state, entitled "An act to provide for the
defence of said state, and for other purposes," which
bonds shall be held by the Secretary of the Treasury
until the accounts of the State of Missouri for advances
made for military purposes are adjusted, as
Congress may direct.
Ibid, §2. To be deducted from amount due.
470. That upon the final adjustment of the accounts
of the State of Missouri against the Confederate States,
the sum hereby advanced shall be deducted from the
amount found due to said state.
Ibid, §3. How to be applied.
471. The sum hereby appropriated shall be applied
by the State of Missouri to the payment of troops in
the service of the said state prior to their muster into
the Confederate service.
Feb. 15, 1862 §1, ch. 73. One million dollars to be issued on certain conditions.
472. That the Secretary of the Treasury is hereby
directed to issue to the State of Missouri, upon the
application of the fund commissioners for said state,
one million dollars in treasury notes, upon the condition
that the said State of Missouri deposit with the
Secretary of the Treasury of the Confederate States
an equal sum in the bonds of the State of Missouri,
authorized to be issued under an act of the legislature
of said state, entitled "An act to provide for the defence
of the State of Missouri, and for other purposes,"
which bonds shall be held by the Secretary of the
Treasury until the accounts of the State of Missouri
for the advances made for military purposes are adjusted,
as Congress may direct.
Ibid, §2. To be deducted from amount due.
473. That upon the final adjustment of the accounts
of the State of Missouri against the Confederate
States, the sum hereby advanced shall be deducted
from the amount found due to said state.
April 9, 1862 ch. 21. Issue of amount authorized by act of January 27, 1862.
474. That the Secretary of the Treasury be authorized
to issue to the State of Missouri the sum of one
million of dollars, authorized by an act entitled "An
act for the relief of the State of Missouri," approved
the twenty-seventh of January, eighteen hundred and
sixty-two [469], upon the authorized agent or agents
of said state first filing with said secretary the sum
of four hundred and ninety-one thousand five hundred
dollars, in bonds of said State of Missouri, as provided
Page 160
in said act, and executing a receipt for the remainder
of such advance, conditioned for the filing of the remainder
of said amount in bonds of the State of Missouri,
whenever the same can be conveniently done;
Provided, Such remainder in bonds shall be filed with
said secretary within six months after the passage of
this act.
Sept. 23, 1862 §1, ch. 7. Pay of officers and soldiers enrolled under
command of Major-Gen'l Price.
475. That all officers and soldiers belonging to the
Confederate States service who were enrolled into
said service under the command of Major-General
Sterling Price, in the State of Missouri, shall be allowed
by the quartermasters of the respective corps in
the Confederate Army to which such officers and soldiers
may belong, compensation according to the laws
of the Confederate States for that period of their service
between the time of such troops having been actually
enrolled in the Confederate service and the
time of their regular acceptance by the proper authorities
as Confederate troops.
Ibid, §2. Pay of officers and soldiers of Missouri State Guard
476. All officers and soldiers of the Missouri State
Guard, called into the service of the Confederate States
by the order of any commanding officer of the Confederate
Army, and rendering service to the Confederate
States under any agreement made between the
authorities of the State of Missouri and those of the
Confederate States, shall receive the same pay for the
time during which such officers and soldiers may have
been in such service as they would have been entitled
to receive if belonging to the Confederate Army;
Provided, however, That all staff officers belonging to
said Missouri State Guard shall only receive for their
services the same compensation with staff officers discharging
like duties in the Confederate Army.
Ibid. §3. Conditions of payment.
477. Before any officer or soldier shall be entitled to
receive pay under the provisions of the two preceding,
sections, he shall present to the officer to whom he
may apply for payment, a certificate signed by the
commandant of the division, brigade, regiment, or
battalion to which he may have belonged at the time
of the rendition of service, which certificate
state the precise period during which such officer
Page 161
soldier was in actual service, as contemplated in the
first and second sections of this act: And provided,
further, That the said officer or soldier shall file with
the disbursing officer with whom his application for
payment may be made his affidavit that the period
stated in said certificate is the true and correct time
of his actual service as aforesaid, and that he is not
indebted to the Confederate States on any account
whatever; and thereupon it shall be the duty of any
officer charged with the payment of troops to pay
such claim.
April 16, 1863, ch. 31. Appropriation for certain officers and men of the
Missouri State Guard.
478. That the sum of seventy-five thousand dollars
be and is hereby appropriated out of any money in
the Treasury not otherwise appropriated, to pay the
officers and men of the Missouri State Guard (after
their transfer to the Confederate States) who, from
imprisonment, absence, and other accidental causes,
have not received their pay, under such rules and
regulations as the Secretary of War may prescribe.
XI.--NATURALIZATION.
- 479. Protection of aliens while in military service. Right to become
naturalized. Oath. - 480. Who may administer oath. Blank forms of oath. Soldiers to be
informed of this act. Oaths to be filed and recorded.
Aug. 22, 1861, §1, ch. 37. Protection of aliens while in military service.
Right to become naturalized.
Oath.
479. That every person not a citizen of one of the
Confederate States engaged in the military service of
the said Confederate States during the existing war
against the United States of America, shall thereby,
and whilst in such service, be under the protection of
the Confederate States as fully as if he were a citizen
thereof, the rights of a citizen being to such extent
hereby conferred, and moreover shall have the right
to become naturalized, and to become a citizen of any
one of the Confederate States, and shall thereby be
entitled to all the rights and privileges of a citizen of
said state of the Confederate States, upon taking an
oath to support the constitution of such state, and well
Page 162
and faithfully to serve the Confederate States of
America, to maintain and support the constitution
and laws thereof, and to renounce all allegiance and
obedience to any foreign government, state, sovereignty,
prince, or potentate, and particularly, by name, the
government, state, sovereignty, prince, or potentate of
which he may be, or have been, a citizen or subject,
and stating which one of the Confederate States he
intends to become a citizen of; but if the state in
which the said applicant shall have resided next before
his application shall afterwards become a member
of this Confederacy, the citizenship of said applicant
shall remain in said state at his election, notwithstanding
proceedings under this act.
Ibid, §2. Who may administer the oath.
Blank forms of oath.
Soldiers to be informed of this act.
Oaths to be filed and recorded.
480. The oath prescribed in the preceding section
may be made by all persons below the rank of colonel,
before the colonel or commanding officer of the regiment
to which such persons may be attached; and
said oath may be made by colonels, and all officers
superior in rank to colonels, and by all persons enlisted
in the military service of the Confederate States
not attached to regiments, before any commissioned
officer of the Confederate States of rank higher than
that of colonel. And it shall be the duty of the Secretary
of War to provide blank forms of the oath required
to be taken as aforesaid, and to cause the same
to be distributed whenever necessary, and to make
the regulations necessary for informing all persons
now engaged in the military service of the Confederate
States of the provisions of this act, and to cause
all the oaths so taken as aforesaid to be returned to
the War department: And it shall be further the duty
of the Secretary of War to file for record, in the district
court of the Confederate States for the state and
district where the capital may be situated, all the
oaths so returned to the War department as aforesaid.
And it shall be the duty of the clerk of said
district court to record all oaths of naturalization filed
with him as aforesaid, and to keep an index of the
same; for which service he shall be entitled to a fee
of twenty-five cents for each naturalization oath, to
Page 163
be paid out of the public treasury in the same manner
as his other fees of office.
XII.--NITRE AND MINING BUREAU.
- 481. Corps of officers for the working of nitre caves, etc.
- 482. Their duties. Superintendent to make reports. Organization.
How long to continue. - 483. Nitre bureau established.
- 484. Duties and expenditures. Powers of superintendent as to
contracts, etc. - 485. Officers of the Nitre bureau.
- 486. Appointment of officers during recess of the Senate.
April 11, 1862, §1, ch. 26. Corps of officers for the working of nitre caves, etc.
481. That for the purpose of procuring a supply of
nitre, adequate to the wants of the government during
the continuance of the war with the United States,
the President be and he is hereby authorized to appoint
a corps of officers, consisting of one superintendent,
with the rank, pay, and allowances of a major of
artillery, four assistants, with the rank, pay, and allowances
of a captain of artillery, eight subordinates,
with the rank, pay, and allowances of first lieutenants
of artillery.
Ibid, §2. Their duties.
Superintendent to make reports.
Organization; how long to continue.
482. The duties of the officers, under the supervision
of the Chief of Ordnance, shall be to inaugurate and
prosecute a system for the efficient working of the
nitre caves, and to purchase and contract for the delivery
of nitre produced within the limits of the Confederate
States; to inspect the nitre caves and other
natural deposits of nitriferous earth, and to report the
probable annual supply from these sources, and the
extent and economy, or otherwise, with which they
arc now being worked by private enterprise; to establish
nitre beds in the vicinity of the principal cities
and towns of the Confederacy, and to contract for the
necessary grounds, sheds, etc., and for the offal and
other materials used in the preparation of nitre beds;
to diffuse information and to stimulate enterprise in
the production of an article essential to the successful
prosecution of the war. The superintendent will
make reports, at stated periods, to the Chief of Ordnance,
Page 164
to be submitted to the Secretary of War for
the information of Congress. This organization to be
continued at the discretion of the President.
April 22, 1863, §1, ch. 35. Nitre bureau established.
483. That the officers authorized and appointed under
the act entitled "An act for the organization of a
corps of officers for the working of nitre caves, etc.,"
passed the eleventh of April, one thousand eight hundred
and sixty-two [481], together with such additional
officers as are authorized by the provisions of
this act, shall constitute an independent bureau of the
War department, to be entitled "the Nitre and Mining
bureau."
Ibid, §2. Duties and expenditures.
Powers of superintendent as to contracts, etc.
484. That said bureau shall have charge of all the
duties prescribed in the second section of said act, and
shall, besides, be charged with all duties and expenditures
connected with the mining of iron, copper, lead,
coal, etc., so far as it shall be deemed necessary to
supply the military necessities of the country; and
the superintendent thereof shall, under the Secretary
of War, have full power to make such leases of real
estate and purchases of fixtures as are necessary or
appurtenant to any mines it may deem expedient to
open or work on government account; and may also
contract, subject to the approval of the Secretary of
War, for such supplies, by purchase or otherwise, of
all copper, lead, iron, coal, zinc, and such other minerals
as may be required for the prosecution of the war.
Ibid, §3. Officers of the Nitre bureau.
485. That said bureau shall consist of one lieutenant-colonel
as superintendent, three majors as assistant
superintendents, six captains and ten lieutenants,
in which shall be included the officers of the present
nitre corps, who shall have the same pay and allowances
prescribed for officers of cavalry [71] of the
same grades.
May 1, 1863 §1. ch. 87. Appointment of officers during recess of Senate.
486. That the President be and he is hereby authorized
to appoint officers in the Nitre bureau and in the
engineer troops during the recess of the Senate, to be
confirmed by the Senate at its next session, and the
commissions of the officers so appointed shall expire
at the end of the next session of the Senate, unless
the same be confirmed.
Page 165
XIII.--NORTH CAROLINA.
- 487. First regiment of North Carolina Volunteers received into Confederate
States service for six months. - 488. Cadets of the North Carolina Institute.
- 489. "Lumberton Guards."
- 490. Payment of North Carolina troops.
July 30, 1861 Res. 2. 1st regiment of N. C. volunteers received into C. S. service
for six months.
487. That the President be and he is hereby authorized
to receive and muster into the service of the
Confederate States of America, the First Regiment of
North Carolina Volunteers, now stationed at Yorktown,
for the term of six months from the time they
were sworn in and mustered into the service of North
Carolina, and to discharge them after the expiration
of that period; said period to commence at the time
the first company of said regiment was mustered into
the service of North Carolina.
Ibid, §2. Cadets of the N. C. Institute.
488. That the cadets from the North Carolina Institute,
at Charlotte, who may have been acting with
said regiment, be mustered into service in the same
manner as the residue of the regiment, and recognized
as part thereof, with the pay of privates.
Dec. 3, 1861 Res. 2. "Lumberton Guards" (Company D, 2d regiment N. C. Volunteers).
489. Whereas, it appears that the company of volunteers
known as Company D, of the second regiment
of North Carolina Volunteers, now serving at Sewell's
Point, in Virginia (having been organized prior to the
admission of the State of North Carolina into the
Confederacy), was enlisted for the period of six
months only, and has been erroneously enrolled for
the period of twelve months:
To be discharged; when.
Resolved, by the Congress of the Confederate States of
America, That the President be and he is hereby
authorized to discharge the said company at the expiration
of six months from the period when they were
sworn in and mustered into the service of North
Carolina, according to the terms of their enlistment
as aforesaid.
May 1, 1863 ch. 65. Payment of N. C. troops.
490. That the troops heretofore raised by the State
of North Carolina, and afterwards received into the
service of the Confederate States by the Confederate
States, shall be paid from the date of their enlistment.
Page 166
XIV.--PRESIDENT.
- 491. To assume control of military operations.
- 492. Personal staff.
- 493. Officer to sign commissions in the army.
- 494. Personal staff increased.
- 495. Empowered to make appointments during recess of Congress.
- 496. Construction of the foregoing act.
- 497. Certain appointments to be continued.
- 498. Idem.
- 499. Authority to make appointments.
Feb. 28, 1864 §1, ch. 22. To assume control of military operations.
491. The Congress of the Confederate States of America
do enact, That to enable the Government of the
Confederate States to maintain its jurisdiction over
all questions of peace and war, and to provide for the
public defence, the President be and he is hereby
authorized and directed to assume control of all military
operations in every state, having reference to or
connection with questions between said states, or any
of them, and powers foreign to them.
Aug. 21, 1861 §4, ch. 34. Personal staff.
492. That during the existing war the President
may, as commander-in-chief of the forces, appoint, at
his discretion, for his personal staff, two aides-de-camp
[494], with the rank, pay, and allowances of a colonel
of cavalry.
Dec. 7, 1861 ch. 4. Officer to sign commissions in the army.
493. That the President be and he is hereby authorized
to delegate power to one or more officers, to be
selected by him, to affix the signature of the President
to commissions in the army.
April 2, 1862 ch. 14. Personal staff increased.
494. That during the existing war the President
may, as commander-in-chief of the forces, appoint, at
his discretion, for his personal staff, four aides-de-camp
[492], in addition to the number now allowed by law,
with the rank, pay, and allowances of a colonel of
cavalry.
March 16, 1861, ch. 60. Empowered to make appointments during recess
of Congress.
495. That during the recess of this Congress the
President shall have power to make appointments of
such inferior officers as by the Constitution of this
Provisional Government the Congress has authority
to vest in him alone, anything in any law heretofore
passed to the contrary notwithstanding.
March 16, 1861, ch. 69. Construc of the foregoing act.
496. That the act described in the caption hereof
[495] shall be held and construed to authorize the
President to appoint, during the recess of Congress,
Page 167
all officers, civil, military, and naval, established by
law: Provided, Such appointments shall be submitted
to the Congress when it reassembles, for its advice
and consent.
May 16, 1861 ch. 23. Certain appointments
to be continued.
497. That the President be authorized to continue
the appointments made by him in the military and
naval service during the recess of Congress or the
present session, and to submit them to Congress at
its next session.
Sept. 3, 1861 ch. 1. Idem.
498. That the President be authorized to continue
the appointments made by him in the military and
naval service, during the recesses of Congress, or
during the last or present session, and to submit them
to Congress at the commencement of its next session.
Oct. 13, 1862 ch. 53. Authority to make
appointments.
499. That the President be and he is hereby authorized
to fill, by appointment, all offices created, and all
vacancies which may have occurred, during the present
session of Congress: Provided, That said appointments
shall, at the next session of Congress, be submitted
to the Senate for its advice and consent: And
provided, further, That said appointments shall expire
unless confirmed during the next session of the Senate.
XV.--PRISONERS OF WAR.
[See "Retaliation," 508 et seq.]
- 500. Preamble. Retaliation authorized.
- 501. Aid in money.
- 502. Transfer by the captors. Safe custody and sustenance. Rations.
- 503. Commissary-General to provide sustenance.
Aug. 30, 1861 ch. 55. Preamble.
500. Whereas the Government of the United State
has placed in irons and lodged in dungeons citizens of
the Confederate States acting under the authority of
letters of marque, issued in accordance with the laws
of the Confederate States, by the President thereof,
and have otherwise maltreated the same, and have
seized and confined sundry other citizens of the said
Confederate States, in violation of all principles of
humane and civilized warfare: Therefore,
Page 168
Retaliation authorized.
Be it enacted by the Congress of the Confederate States
of America, That the President be and he is hereby
authorized to select such prisoners taken from the
United States, and in such numbers as he may deem
expedient, upon the persons of whom he may inflict
such retaliation, in such measure and kind, as may
seem to him just and proper.
March 25, 1862, Res. 5. Aid in money.
501. That the Secretary of War be authorized to
apply, out of the contingent fund of the War department,
such sums of money, from time to time, as, in
his judgment, may be necessary for the aid of prisoners
of war in the hands of the enemy: Provided, That
all sums paid any prisoner, or expended for him, shall
be charged to his account.
May 21, 1861 §1, ch. 59. Transfer by the captors.
Safe custody and sustenance.
Rations.
502. That all prisoners of war taken, whether on
land or at sea, during the pending hostilities with the
United States, shall be transferred by the captors,
from time to time and as often as convenient, to the
Department of War; and it shall be the duty of the
Secretary of War, with the approval of the President,
to issue such instructions to the Quartermaster-General
[503] and his subordinates as shall provide for
the safe custody and sustenance of prisoners of war;
and the rations furnished prisoners of war shall be
the same in quantity and quality as those furnished
to enlisted men in the Army of the Confederacy.
Feb. 17, 1864 ch. 47. Commissary General to provide sustenance.
503. That so much of the, act of Congress, passed
May the twenty-first, eighteen hundred and sixty-one
[502], as makes it the duty of the Quartermaster-General,
under instructions issued by the War department,
to provide for the sustenance of prisoners of
war, is hereby repealed, and hereafter that that duty
shall devolve on the Commissary-General of Subsistence,
and be discharged by him, subject to the provisions
of the act referred to.
Page 169
XVI.--PRODUCTION OF PROVISIONS.
- 504. Preamble. Recommending the production of provisions.
- 505. President requested to issue a proclamation.
April 4, 1863 §1, res. 2. Preamble.
504. Whereas a strong impression prevails through
the country that the war now being waged against
the people of the Confederate States may terminate
during the present year; and whereas this impression
is leading many patriotic citizens to engage largely
in the production of cotton and tobacco, which they
would not otherwise do; and whereas, in the opinion
of Congress, it is of the utmost importance, not only
with a view to the proper subsistence of our armies,
but for the interest and welfare of all the people, that
the agricultural labor of the country should be employed
chiefly in the production of a supply of food to
meet every contingency: Therefore,
Recommending the production of provisions.
Resolved, by the Congress of the Confederate States of
America, That it is the deliberate judgment of Congress
that the people of these states, while hoping
for peace, should look to prolonged war as the only
condition proffered by the enemy short of subjugation;
that every preparation necessary to encounter
such a war should be persisted in; and that the
amplest supply of provisions for armies and people
should be the first object of all agriculturalists; wherefore
it is earnestly recommended that the people,
instead of planting cotton and tobacco, shall direct
their agricultural labor mainly to the production of
such crops as will ensure a sufficiency of food for all
classes and for every emergency, thereby, with true
patriotism, subordinating the hope of gain to the certain
good of the country.
Ibid, §2. President requested to issue a proclamation.
505. That the President is hereby requested to issue
a proclamation to the people of these states, urging
upon them the necessity of guarding against the
great perils of a short crop of provisions, and setting
forth such reasons therefor as his judgment may dictate.
Page 170
XVII.--PROPERTY DESTROYED.
- 506. Cotton, tobacco, etc., may be destroyed; when.
- 507. Perpetuation of testimony. Indemnity out of sequestration fund.
March 17, 1862, §1, ch. 5. Cotton tobacco, etc., may be destroyed; when.
506. That the military authorities of the Confederate
Army are hereby authorized and directed to
destroy cotton, tobacco, military and naval stores, or
other property of any kind whatever, which may aid
the enemy in the prosecution of the war, when necessary
to prevent the same, or any part thereof, from
falling into the hands of the enemy.
Ibid, §2. Perpetuation of testimony.
Indemnity out of sequestration fund.
507. That the owners of property destroyed under
the operation of this act, as well as those persons
who shall voluntarily destroy their property to prevent
the same from falling into the hands of the enemy,
are hereby authorized to perpetuate the testimony
of such destruction, in the manner prescribed by
an act of the Provisional Congress, entitled "An act
to perpetuate the testimony in cases of slaves abducted
or harbored by the enemy, and of other property
seized, wasted, or destroyed by them," approved
thirtieth August, eighteen hundred and sixty-one;*
and such owners and persons shall be entitled to
indemnity out of the proceeds of property sequestered
and confiscated under the laws of the Confederate
States, in such manner as Congress may hereafter
provide.
XVIII.--RETALIATION.
[See "Prisoners of War," 500 et seq.]
- 508. Captives ought to be dealt with by the Confederate government.
- 509. Acts of United States authorities in regard to slaves.
- 510. Violation by the enemy of the usages of war.
- 511. Officers of the enemy commanding negroes; how punished.
- 512. Punishment for exciting servile insurrection.
- 513. Trial of offenders.
- 514. Negroes engaged in war to be delivered to state authorities when
captured.
May 1, 1863 §1, Res. 5. Captives ought to be dealt with by the
Confederate government.
508. Resolved, by the Congress of the Confederate States
of America, in response to the message of the President,
* See
Appendix.
Page 171
transmitted to Congress at the commencement
of the present session, that, in the opinion of Congress,
the commissioned officers of the enemy ought
not to be delivered to the authorities of the respective
states, as suggested in the said message, but all captives
taken by the Confederate forces ought to be
dealt with and disposed of by the Confederate government.
Ibid, §2. Acts of U. S. authorities in regard to slaves.
509. That, in the judgment of Congress, the proclamations
of the President of the United States
dated respectively September twenty-second, eighteen
hundred and sixty-two, and January first, eighteen
hundred and sixty-three, and the other measures of
the Government of the United States and of its
authorities, commanders, and forces, designed or tending
to emancipate slaves in the Confederate States, or
to abduct such slaves, or to incite them to insurrection,
or to employ negroes in war against the Confederate
States, or to overthrow the institution of
African slavery, and bring on a servile war in these
states, would, if successful, produce atrocious consequences,
and they are inconsistent with the spirit of
those usages which in modern warfare prevail among
civilized nations; they may, therefore, be properly
and lawfully repressed by retaliation.
Ibid, §3. Violation by the enemy of the usages of war.
510. That in every case wherein, during the present
war, any violation of the laws or usages of war among
civilized nations shall be, or has been done and perpetrated
by those acting under the authority of the
Government of the United States on the persons or
property of citizens of the Confederate States, or of
those under the protection, or in the land or naval
service of the Confederate States, or of any state of
the Confederacy, the President of the Confederate
States is hereby authorized to cause full and ample
retaliation to be made for every such violation, in such
manner and to such extent as he may think proper.
Ibid, §4. Officers of the enemy commanding negroes; how punished.
511. That every white person, being a commissioned
officer, or acting as such, who, during the present
war, shall command negroes or mulattoes in arms
against the Confederate States, or who shall arm,
Page 172
train, organize, or prepare negroes or mulattoes for
military service against the Confederate States, or
who shall voluntarily aid negroes or mulattoes in any
military enterprise, attack, or conflict in such service,
shall be deemed as inciting servile insurrection,
and shall, if captured, be put to death, or be otherwise
punished, at the discretion of the court.
Ibid, §5, Punishment for exciting servile insurrection.
512. Every person, being a commissioned officer, or
acting as such, in the service of the enemy, who shall,
during the present war, excite, attempt to excite, or
cause to be excited, a servile insurrection, or who
shall incite, or cause to be incited, a slave to rebel,
shall, if captured, be put to death, or be otherwise
punished at the discretion of the court.
Ibid, §6. Trial of offenders.
513. Every person charged with an offence punishable
under the preceding resolutions shall, during the
present war, be tried before the military court attached
to the army or corps by the troops of which he
shall have been captured, or by such other military
court as the President may direct, and in such manner
and under such regulations as the President shall
prescribe, and, after conviction, the President may
commute the punishment in such manner and on such
terms as he may deem proper.
Ibid, §7. Negroes engaged in war to be delivered to state authorities when captured.
514. All negroes and mulattoes who shall be engaged
in war, or be taken in arms against the Confederate
States, or shall give aid or comfort to the
enemies of the Confederate States, shall, when captured
in the Confederate States, be delivered to the
authorities of the state or states in which they shall
be captured, to be dealt with according to the present
or future laws of such state or states.
XIX.--SLAVES.*
-
515. Disposition of slaves when arrested or captured.
- 516. Depots for recaptured slaves.
- 517. Lists of such slaves to be advertised.
- 518. Employment and removal of such slaves.
* See "Impressments," 436, 437, 438. See also "Employment of Negroes. 178, 179.
Page 173
- 519. To be restored to their owners.
- 520. Register to be kept of slaves employed in the army or navy.
- 521. Subsistence and regulations.
- 522. Captured slaves of hostile Indians; how to be disposed of.
- 523. Duties of Superintendent of Indian Affairs with regard thereto.
- 524. Facts to be reported to the Commissioner of Indian Affairs.
Oct. 13, 1862 §1, ch. 62. Disposition of slaves when arrested or captured.
515. That every person connected with the army or
navy of the Confederate States, arresting or coming
into possession of any slave, by capture from the
enemy, or otherwise than by lawful authority, shall
immediately report the same to the commanding officer
of the post, or brigade, or station to which he may
be attached. The said commanding officer shall, with
as little delay as practicable, send the slaves so reported
to the nearest depot described in the next section,
with a register of the place and date of their
arrest: Provided, however, That the said slaves, or any
of them, may at once be delivered to their respective
owners, if claim is made and established on satisfactory
evidence.
Ibid, §2. Depots for recaptured slaves.
516. The Secretary of War shall establish depots
for recaptured slaves at convenient places, not more
than five in number in each state, and all slaves captured
in such state shall be kept in such depots.
Public notice shall be given of the places so selected.
Ibid, §3. Lists of such slaves to be advertised.
517. Lists of the slaves in each of such depots, showing
the name and color of such slaves, the place and
time of their arrest, and the names of their owners,
as given by themselves or otherwise ascertained, shall
be regularly advertised in each state, in one or more
newspapers of general circulation.
Ibid. §4. Employment and removal of such slaves.
518. While such slaves are in depot, they may be
employed, under proper guard, on public works; but
no slave shall be removed from the depot to which
they are first carried for at least one month after the
first advertisement of his being there, nor then, unless
an exact register is made of the removal, and due advertisement
made in the newspapers as aforesaid.
Ibid. §5. To be restored to their owners.
519. Free access shall be permitted to all persons
desiring to inspect the said slaves for the purpose of
identifying them and establishing ownership, and, upon
Page 174
due proof, they shall be immediately restored to the
persons claiming them.
Ibid, §6. Register to be kept of slaves employed in the army or navy.
520. It shall further be the duty of the Secretary of
War to require the names of all slaves in the employment
of an officer or soldier of the Confederate Army
or Navy, with the names and residence of their owners,
and of the person by whom hired out, and of the
officer or soldier hiring, to be reported to his department,
and a full register thereof to be kept for public
inspection.
Ibid, §7. Subsistence and regulations.
521. The President shall prescribe regulations for
carrying this act into effect, and provide for the subsistence
of said slaves while in such depots.
Feb. 17, 1862 §1, ch. 87. Captured slaves of hostile Indians; how
to be disposed of.
522. That all negroes who are slaves, belonging to
hostile Indians who are members or citizens of any
one of the tribes of Indians friendly to this government,
and who have been, or may hereafter be, captured
by troops or persons in the service of the Confederate
States, shall be delivered to the Superintendent
of Indian Affairs west of Arkansas.
Ibid, §2. Duties of superintendent of Indian Affairs with regard thereto.
523. That said superintendent shall carefully inform
himself of the persons and tribes to whom each negro
belongs, and shall promptly notify the executive, or
head chief of the proper tribe or tribes, to receive the
same, at some convenient place, and shall deliver said
negro or negroes to said executive or head chief of said
friendly tribe or tribes, as captured property, to be held
by said tribe or tribes until such provisions and orders
shall be made by this government as shall seem just
and wise, and shall take receipts for the same.
Ibid, §3. Facts to be reported to the Commissioner of Indian Affairs
524. That the said superintendent shall, at or before
the time of such delivery, make out a record, showing
the name and age and value of each slave received by
him, and shall report the same, and the fact of such
delivery, or other disposition of each of said negroes,
to the Commissioner of Indian Affairs, together with
all the facts of time, place, and circumstances of the
capture, and by whom captured; but in no case shall
any free negro who is so captured be given up by
virtue of this act.
Page 175
XX.--SOUTH CAROLINA.
- 525. Appropriation for support of provisional troops at Charleston.
- 526. For support of additional troops.
- 527. Expenditures by the State of South Carolina for troops employed
in defence of Charleston harbor, to be provided for. - 528. Appropriation for claims of the state.
March 11, 1861, §1, ch. 37.* Appropriation for support of provisional
troops at Charleston.
525. The Congress of the Confederate States of America
do enact, That the following appropriations be made
for the support of the provisional troops called into
service by the act aforesaid:** pay of the troops, six
hundred and fifty-eight thousand six hundred and
eighty dollars. Forage for officers' horses and quartermaster's
animals and cavalry horses, twenty thousand
six hundred and sixty-two dollars. Subsistence
for troops, two hundred and seventy thousand dollars.
Clothing for the troops, two hundred thousand dollars.
Camp and garrison equipage, eighteen thousand two
hundred and sixty-seven dollars and seventy-two cents.
Supplies for the quartermaster's department, seventy-six
thousand one hundred and sixty dollars. Fuel for
troops and hospitals, fifty-nine thousand nine hundred
and ninety-seven dollars. Medical and hospital department,
twenty thousand dollars
Ibid, §2. For support of additional troops.
526. That the additional sum of eight hundred and
sixty thousand two hundred and twenty-eight dollars
and forty-five cents is hereby appropriated for the
support of two thousand additional troops, to be called
into the service of the Confederate States for twelve
months, at Charleston, South Carolina, whenever, in
the discretion of the President, their services may be
required.
May 10, 1861 Res. 3. Expenditures by the State of South Carolina for
troops employed in defence of Charleston harbor to be provided for.
527. That the expenditures made by the State of
South Carolina for the pay and maintenance of the
troops employed in the defence of the Charleston harbor,
under the command of Brigadier-General Beauregard,
were intended to be provided for by an act
* TITLE: An act
making appropriations for the support of three thousand men
for twelve months, to be called into service at Charleston, South
Carolina, under
the third and fourth sections [84, 85] of an act of the Congress "To
raise provisional
forces for the Confederate States of America, and for other
purposes."
** An act to raise
provisional forces for the Confederate States of America, and for
other purposes [84, 85].
Page 176
[525] making appropriations for the support of three
thousand men, for twelve months, to be called into
service at Charleston, South Carolina, under the third
and fourth sections [84, 85] of an act of the Congress,
to raise provisional forces for the Confederate States
of America, and for other purposes; and that the
amount of such expenditures be audited by the proper
officer of the Treasury department, and that the
amount which shall be found due be paid to the State
of South Carolina from the appropriation made by
the act aforesaid.
Dec. 14, 1861 Res. 5. Appropriation for claims of the state.
528. That the sum of two hundred and fifty thousand
dollars be and is hereby appropriated, as an advance
on account of any claims of the State of South
Carolina upon the Confederate States; and that the
same be paid to such person as may be authorized by
the Legislature of South Carolina to receive the same.
XXI.--TAXES.
I.--TAX IN KIND. ACT OF APRIL 24, 1863.
- 529. What each farmer and planter may reserve. Tax on remainder.
- 530. Commutation for sweet potatoes.
- 531. Tobacco to be collected by agents appointed by Secretary of the
Treasury. - 532. How and when to be delivered.
- 533. Qualities of tobacco.
- 534. Repeal of conflicting laws.
- 535. When cotton, etc., has been destroyed, tax to be refunded.
- 536. Remission of tax in proportion to loss.
- 537. Slaughtered hogs. Cattle, horses, etc.
- 538. Equivalent for bacon to be delivered in salt pork.
- 539. Post quartermasters. Collection and distribution of articles.
- 540. Duration of the act.
II.--TAX IN KIND. ACT OF FEBRUARY 17, 1864.
- 541. What each farmer may reserve. Tax on remainder. Persons
exempt. - 542. Slaughtered hogs. Cattle, horses, mules, etc.
- 543. Post quartermasters. Collection and distribution of articles.
- 544. Assessors; their appointment, duties, etc.
- 545. Duration of the act.
III.--EXEMPTIONS FROM TAXATION.
- 546. Salaries of persons in military or naval service.
- 547. Daily wages of detailed soldiers.
- 548. Salaries of persons in military or naval service.
- 549. Property of certain persons of a specified value.
Page 177
I. TAX IN KIND. ACT OF APRIL 24, 1863.
April 24, 1863, §11, ch. 38. What each farmer and planter may reserve.
Tax on remainder.
Articles, when and how to be delivered.
Collector to issue warrant of distress in case of default.
Fees allowed.
Assessor to administer oaths.
In case tenant pays his rent in kind.
529. Each farmer and planter in the Confederate
States, after reserving for his own use fifty bushels of
sweet potatoes and fifty bushels of Irish potatoes,
one hundred bushels of the corn, or fifty bushels of
the wheat produced in the present year, shall pay and
deliver to the Confederate government, of the products
of the present year, one-tenth of the wheat,
corn, oats, rye, buckwheat, or rice, sweet [530] and
Irish potatoes, and of the cured hay and fodder;
also, one-tenth of the sugar, molasses made of cane,
cotton, wool, and tobacco; the cotton ginned and
packed in some secure manner, and tobacco shipped
and packed in boxes, to be delivered by him on or
before the first day of March in the next year. Each
farmer or planter, after reserving twenty bushels of
peas or beans, but not more than twenty bushels of
both, for his own use, shall deliver to the Confederate
government, for its use, one-tenth of the peas, beans,
and ground-peas produced and gathered by him during
the present year. As soon as the aforesaid crops
are made ready for market, the tax-assessor, in case
of disagreement between him and the tax-payer,
shall proceed to estimate the same in the following
manner: The assessor and the tax-payer shall each
select a disinterested freeholder from the vicinage,
who may call in a third in case of a difference of
opinion, to settle the matter in dispute; or if the tax-payer
neglects or refuses to select one such freeholder,
the said assessor shall select two, who shall proceed
to assess the crops as herein provided. They shall
ascertain the amount of the crops either by actual
measurement or by computing the contents of the
rooms or houses in which they are held, when a correct
computation is practicable by such a method, and
the appraisers shall then estimate, under oath, the
quantity and quality of said crops, including what
may have been sold or consumed by the producer
prior to said estimate, whether gathered or not, and
the value of the portion thereof to which the government
Page 178
is entitled, and shall give a written statement
of this estimate to the said collector and a copy of
the same to the producer. The said producer shall
be required to deliver the wheat, corn, oats, rye,
buckwheat, rice, peas, beans, cured hay and fodder,
sugar, molasses of cane, wool, and tobacco, thus to be
paid as a tithe in kind, in such form and ordinary
marketable condition as may be usual in the section
in which they are to be delivered, and the cotton in
such manner as hereinbefore provided, within two
months from the time they have been estimated as
aforesaid, at some depot not more than eight miles
from the place of production, and if not delivered by
that time, in such order, he shall be liable to pay fifty
per cent. more than the estimated value of the portion
aforesaid, to be collected by the tax-collector as
hereinafter prescribed: Provided, The government
shall be bound to furnish to the producer sacks for
the delivery of such articles of grain as require to be
put in sacks for transportation, and shall allow to the
producer of molasses the cost of the barrels containing
the same. The said estimate shall be conclusive
evidence of the amount in money of tax due by the
producer to the government, and the collector is hereby
authorized to proceed to collect the same by issuing
a warrant of distress from his office, under his
signature, in the nature of a writ of fieri facias, and
by virtue of the same to seize and sell any personal
property on the premises of the tax-payer or elsewhere,
belonging to him,, or so much thereof as may
be necessary for the purpose of paying the tax, and
the additional fifty per cent. aforesaid and costs; and
said sale shall be made in the manner and form and
after the notice required by the laws of the several
states for judicial sales of personal property, and the
said warrant of distress may be executed by the tax-collector
or any deputy by him appointed for that
purpose, and the deputy executing the warrant shall
be entitled to the same fees as are allowed in the
respective states to sheriffs executing writs of fieri
facias, said fees to be paid as costs by the tax-payer:
Page 179
Provided, That in all cases where the assessor and the
tax-payer agree on the assessment of the crops, and
the value of the portion thereof to which the government
is entitled, no other assessment shall be
necessary; but the estimate agreed on shall be reduced
to writing and signed by the assessor and tax-payer,
and have the same force and effect as the
assessment and estimate of disinterested freeholders
hereinbefore mentioned; and two copies of such assessment
and estimate, thus agreed on and signed as
aforesaid, shall be made, and one delivered to the producer
and the other to the collector: And provided,
further, That the assessor is hereby authorized to
administer oaths to the tax-payers and to witnesses
in regard to any item of the estimate herein required
to be made: And provided, further, When agricultural
produce in kind is paid for taxes, if payment be
made by a tenant who is bound to pay his rent in
kind, the tenth part of said rent in kind shall be paid
in kind by the tenant to the government as and for
the tax of the lessor on said rent, and the receipt of
the government officer shall release the lessor from
all obligation to include said rent in kind in his statement
of income, and discharge the tenant of so much
of his rent to the lessor.
Dec. 28, 1863 ch. 1. Commutation for sweet potatoes.
530. 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
[529], as requires farmers and planters to pay one-tenth
of the sweet potatoes produced in the present
year to the Confederate government, be so amended
as to authorize the producers of sweet potatoes in the
year eighteen hundred and sixty-three, to make 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.
Jan. 30, 1864 §1, ch. 17. Tobacco to be collected by agents appointed by
Secretary of Treasury.
531. That the tax in kind of one-tenth imposed by
said act [529] upon all tobacco grown in the Confederate
States, instead of being collected by the post
quartermaster [539], shall be collected by the agents
Page 180
appointed by the Secretary of the Treasury to collect
and preserve tobacco, and the tax-assessor 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 has been collected
the said agent shall be liable for its safe custody.
Ibid, §2. How and when to be delivered.
532. That each farmer and planter, not earlier than
the first day of June, nor later than the fifteenth day
of July, shall deliver his tithe of tobacco in prizing
order, put 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.
Ibid. §3. Qualities of tobacco.
533. 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.
Ibid, §4. Repeal of conflicting laws.
534. All acts and parts of acts inconsistent with the
foregoing, are hereby repealed.
Feb. 13, 1864 §1. ch. 32. When cotton, etc., has been destroyed.
Tax to be refunded.
535. 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.
Page 181
Ibid, §2. Remission of tax in proportion to loss.
536. 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 tax-collector,
and the 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.
April 24, 1863. §12, ch. 38. Slaughtered hogs.
Equivalent for one-tenth to be delivered in bacon.
Estimate of cattle, horses, etc.
Referees.
537. That every farmer, planter, or grazier shall
exhibit to the assessor, on or about the first of March,
eighteen hundred and sixty-four, an account of all the
hogs he may have slaughtered since the passage of
this act and before that time; after the delivery of
this estimate to the post quartermaster hereinafter
mentioned by the assessor, the said farmer, planter, or
grazier shall deliver an equivalent for one-tenth of the
same in cured bacon [538], at the rate of sixty pounds
of bacon to the one hundred weight of pork. That
on the first of November next, and each year thereafter,
an estimate shall be made, as hereinbefore provided,
of the value of all neat cattle, horses, mules not
used in cultivation, and asses, owned by each person in
the Confederate States, and upon such value the said
owners shall be taxed one per cent., to be paid on or
before the first day of January next ensuing. If the
grazier, or planter, or farmer shall have sold beeves
since the passage of this act, and prior to the first day
of November, the gross proceeds of such sales shall be
estimated and taxed as income, after deducting therefrom
the money actually paid for the purchase of such
beeves, if they have been actually purchased, and the
value of the corn consumed by them. The estimate
of these items shall be made in cases of disagreement
between the assessor and tax-payer as herein prescribed
in other cases of income tax; and on each
succeeding first day of November the beeves sold
during the preceding twelve months shall be estimated
and taxed in the same manner.
Page 182
Dec. 28, 1863 ch. 2. Equivalent for bacon to be delivered in salt pork.
538. 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 [587], an equivalent
therefor in salt pork.
April 24, 1863 §13, ch. 38. Post quartermasters.
Collection of articles.
Distribution
539. That the Secretary of War shall divide the
service of the Quartermaster's department into two
branches--one herein denominated post quartermasters,
for the collection of the articles paid for taxes in
kind, and the other for distribution to the proper
points for supplying the army, and for delivering cotton
and tobacco [531] to the agents of the Secretary
of the Treasury. The tax-assessor shall transfer the
estimate of articles due from each person, by way of a
tax in kind, to the duly authorized post quartermaster,
taking from the said quartermaster a receipt,
which shall be filed as a voucher with the chief collector
in settling his account, and a copy of this receipt
shall be furnished by the chief collector to the auditor
settling the post quartermaster's account as a charge
against him. The post quartermaster receiving the
estimate shall collect from the tax-payer the articles
which it specifies, and which he is bound to pay and
deliver as a tax to the Confederate government. The
post quartermaster shall be liable for the safe custody
of the articles placed in his care, and shall account for
the same by showing that, after proper deductions
from unavoidable loss, the residue has been delivered
to the distributing agents, as evidenced by their receipts.
The said post quartermaster shall also state
the accounts or the quartermasters receiving from
him the articles delivered in payment of taxes in kind
at his depot, and make a monthly report of the same
to such officer as the Secretary of War may designate:
Provided, That in case the post quartermaster shall be
unable to collect the tax in kind specified in the estimate
delivered to him as aforesaid, he shall deliver to
the district tax-collector said estimate as a basis for
the distress warrant authorized to be issued, and take
a receipt therefor, and forward the same to the chief
Page 183
tax-collector as a credit in the statement of the accounts
of said post quartermaster: Provided, That
any partial payment of said tax in kind shall be endorsed
on said estimate before delivering the same to
the district tax-collector as aforesaid, and the receipt
given to him therefor by the district tax-collector
shall specify said partial payment. When the articles
thus collected through the payment of taxes in kind
have been received at the depot as aforesaid, they
shall be distributed to the agents of the Secretary of
the Treasury, if they consist of cotton, wool, or tobacco,
or if they be suitable for forage or subsistence, to
such places and in such manner as the Secretary of
War may prescribe. Should the Secretary of War
find that some of the agricultural produce thus paid
in and suitable for forage and subsistence has been, or
will be, deposited in places where it can not be used
either directly or indirectly, for these purposes, he
shall cause the same to be sold, in such manner as he
may prescribe, and the proceeds of such sale shall be
paid into the Treasury of the Confederate States.
Should, however, the Secretary of War notify the
Secretary of the Treasury that it would be impracticable
for him to collect or use the articles taxed in
kind, or any of them, to be received in certain districts
or localities, then the Secretary of the Treasury
shall proceed to collect in said districts or localities
the money value of said articles specified in said estimate
and not required in kind, and said money value
shall be due on the first day of January in each and
every year, and be collected as soon thereafter as
practicable.
Ibid, §18. Duration of the act.
540. This act shall be in force for two years after
the expiration of the present year, and the taxes
herein imposed for the present year shall be levied
and collected each year thereafter in the manner and
form herein prescribed, and for the said time of two
years, unless this act shall be sooner repealed: Provided,
The tax on naval stores, flour, wool, cotton, tobacco,
and other agricultural products of the growth
of any year preceding the year eighteen hundred and
Page 184
sixty-three, imposed in the first section of this act,
shall be levied and collected only for the present year.
II. TAX IN KIND--ACT OF FEBRUARY 17, 1864.
Feb. 17, 1864 §10, ch. 66. What each farmer may reserve. Tax on remainder.
Referees.
Persons exempt.
541. That each farmer and planter in the Confederate
States shall pay and deliver to the Confederate
government, of the products of the present year, one-tenth
of the wheat, corn, oats, rye, buckwheat, or
rice, Irish potatoes, and of the cured hay and fodder;
also one-tenth of the sugar, molasses made of cane or
of sorghum, where more than thirty gallons are made,
cotton, wool, and tobacco; the cotton ginned and
packed in some secure manner, and tobacco stripped
and packed in boxes; the cotton to be delivered by
him on or before the first day of March, and the tobacco
on or before the first day of July next after
their production. Each farmer or planter shall deliver
to the Confederate government, for its use, one-tenth
of the peas, beans, and ground-peas produced and
gathered by him during the present year. As soon as
each of the aforesaid crops are made ready for market,
the tax-assessor, in case of disagreement between
him and the tax-payer, shall proceed to estimate the
same in the following manner: The assessor and tax-payer
shall each select a disinterested freeholder from
the vicinage, who may call in a third, in case of a difference
of opinion, to settle the matter in dispute; or
if the tax-payer neglects or refuses to select one such
freeholder, the said assessor shall select two, who shall
proceed to assess the crops as herein provided. They
shall ascertain the amount of the crops, either by actual
measurement or by computing the contents of
the rooms or houses in which they are held, when a
correct computation is practicable by such a method,
and the appraisers shall then estimate, under oath,
the quantity and quality of said crops, including what
may have been sold or consumed by the producer
prior to said estimates, whether gathered or not, excepting
from said estimates such portion of said crops
as may be necessary to raise and fatten the hogs of
such farmer, planter, or grazier, for pork: Provided,
Page 185
That the following persons shall be exempt from the
payment of the tax in kind imposed by this section,
viz:
I. Each head of a family not worth more [than] five
hundred dollars.
II. Each head of a family with minor children, not
worth more than five hundred dollars for himself, and
one hundred dollars for each minor living with him,
and five hundred dollars in addition thereto for each
minor son he has living or may have lost, or had disabled
in the military or naval service.
III. Each officer, soldier, or seaman in the army or
navy, or who has been discharged therefrom for
wounds, and is not worth more than one thousand
dollars.
Articles when and how to be delivered.
Collector to issue warrant of distress in case of default.
Fees allowed.
Assessor and tax-payer may agree upon assessment.
In case tenant pays his rent in kind.
IV. Each widow of any officer, soldier, or seaman
who has died in the military or naval service, the
widow not worth more than one thousand dollars;
Provided, That in all cases where the farmer or planter
does not produce more than fifty bushels of Irish potatoes,
two hundred bushels of corn, or twenty bushels
of peas and beans, he shall not be subject to the
tax in kind on said articles, or either of them; and
the forage derived from the corn-plant shall also be
exempt in all cases where the corn is not taxed in
kind; neither shall any farmer or planter, who does
not produce more than ten pounds of wool or more
than fifteen pounds of ginned cotton for each member
of the family, be subject to said tax in kind. The tax-assessor,
after allowing the exemptions authorized in
this section, shall assess the value of the portion of
said crops to which the government is entitled, and
shall give a written statement of this estimate to the
collector, and a copy of the same to the producer.
The said producer shall be required to deliver the
wheat, corn, oats, rye, buckwheat, rice, peas, beans,
cured hay and fodder, sugar, molasses of cane or sorghum,
wool, thus to be paid as a tithe in kind, after they
have been estimated as aforesaid, in such form and ordinary
marketable condition as may be usual in the
section in which they are to be delivered, within
Page 186
thirty days from the date of notice given by the agent
of collection that he is ready to receive such produce
(except cotton and tobacco shall be delivered in the
manner and at the times hereinbefore provided) at
some depot not more than twelve miles from the place
of production; and if not delivered by the times and in
the order stated, he shall be liable to pay five times
the estimated value of the portion aforesaid, to be
collected by the tax-collector as hereinafter prescribed:
Provided, The post quartermasters may direct such
delivery to be made at any time within five months
after the date of said estimates, under the sanction of
the penalty aforesaid, and that producers shall be paid
the expenses of the transportation of their tithes at
the usual rates of compensation paid by the government
in the state in which the delivery is made. Such
delivery, when required to be made of grain in bushels,
shall be made in bushels according to the government
standard of weight per bushel: Provided, That
the government shall be bound to furnish to the producer
sacks for the delivery of such articles of grain
as require to be put in sacks for transportation, and
shall allow to the producers of molasses the cost of the
barrels containing the same. The said estimates shall
be conclusive evidence of the amount in money of tax
due by the producer to the government, and the collector
is hereby authorized to proceed to collect the
same by issuing a warrant of distress from his office,
under his signature, in the nature of a writ of fieri
facias, and by virtue of the same to seize and sell any
personal property on the premises of the tax-payer or
elsewhere, belonging to him, or so much thereof as
may be necessary for the purpose of paying the tax
and the increase aforesaid and costs; and said sale
shall be made in the manner and form, and after the
notice required by the laws of the several states for
judicial sales of personal property; and the said warrant
of distress may be executed by the tax-collector
or any deputy appointed by him for that purpose, and
the deputy executing the warrant shall be entitled to
the same fees as are allowed in the respective states
Page 187
to sheriffs executing writs of fieri facias; said fees to
be paid as cost, by the tax-payer: Provided, That in
all cases where the assessor and tax-payer agree on
the assessment of the crops, and the value of the portion
thereof to which the government is entitled, no
other assessment shall be necessary; but the estimate
agreed on shall be reduced to writing, and signed by
the assessor and tax-payer, and have the same force
and effect as the assessment and estimate of disinterested
freeholders hereinbefore mentioned; and two
copies of such assessment and estimate, thus agreed on
and assigned as aforesaid, shall be made, and one delivered
to the producer, and the other to the collector:
And provided, further, That the assessor is hereby
authorized to administer oaths to the tax-payer, and
to witness in regard to any item of the estimates
herein required to be made: And provided, further,
When agricultural produce in kind is paid for taxes, if
payment be made by a tenant who is bound to pay
his rent in kind, the tenth part of said rent in kind
shall be paid in kind by the tenant to the government,
as and for the tax of the lessor on said rent; and the
receipt of the government officer shall release the
lessor from all obligations to include such rent in his
statement of income, and discharge the tenant from
so much of his rent to the lessor.
Ibid, §11. Slaughtered hogs.
Cattle, horses, mules, etc.
Referees.
When persons not subject to bacon tithe.
542. That every farmer, planter, or grazier, or other
person who slaughters hogs, shall exhibit to the assessor
on or about the first of March, 1864, an account
of all the hogs he may have slaughtered since the
passage of this act and before that time. After the
delivery of this estimate to the post quartermaster
hereinafter mentioned by the assessor, the said farmer,
planter, grazier, or other person who slaughters
hogs, shall deliver all equivalent for one-tenth of the
same in cured bacon, at the rate of sixty pounds of
bacon to one hundred weight of pork. That on the
first of November, 1863, and each year thereafter, an
estimate shall be made, as hereinbefore provided, of
the value of all neat cattle, horses, mules not used in
cultivation, and asses, owned by each person in the
Page 188
Confederate States, and upon such value the said
owner shall be taxed one per centum, to be paid on
the first day of January next ensuing. If the grazier,
planter, or farmer shall have sold beeves since the
passage of this act and prior to the first day of November,
the gross proceeds of such sales shall be estimated
and taxed as income, after deducting therefrom
the money actually paid for the purchase of said
beeves, if they have been actually purchased, and the
value of the corn or peas consumed by them. The
estimate of these items shall be made, in case of disagreement
between the assessor and tax-payer, as
herein provided in other cases of income tax: Provided,
That no farmer, planter, or grazier, or other person,
who shall not slaughter more than two hundred
and fifty pounds of net pork during any year, shall be
subject to the bacon tithe imposed by this section;
and every officer, soldier, or seaman in the military
or naval service, or who may have been discharged
therefrom on account of wounds or physical disability,
and any widow of such officer, soldier, or seaman,
or any head of a family who does not own more than
two cows and calves, shall be exempt from the tax
imposed by this section on neat cattle.
Ibid, §12. Post quartermasters.
Collection of articles.
Distribution
543. That the Secretary of War shall divide the
service of the Quartermaster's department into two
branches-one herein denominated post quartermasters,
for the collection of the articles paid for taxes
in kind, and the other for distribution to the proper
points for supplying the army, and for delivering cotton
and tobacco to the agents of the Secretary of the
Treasury. The tax-assessor shall transfer the estimate
of articles due from each person by way of a tax
in kind to the duly authorized post quartermaster,
taking from the said quartermaster a receipt, which
shall be filed as a voucher with the chief collector in
settling his account, and a copy of this receipt shall
be furnished by the chief collector to the auditor settling
the post quarter master's accounts as a charge
against him. The post quartermaster receiving the
estimate shall collect from the tax-payer the articles
Page 189
which it specifies, and which he is bound to pay and
deliver as a tax to the Confederate government. The
post quartermaster shall be liable for the safe custody
of the articles placed in his care, and shall account for
the same by showing that, after proper deductions
from unavoidable loss, the residue has been delivered
to the distributing agents, as evidenced by their receipts.
The said post quartermaster shall also state
the accounts of the quartermasters receiving from him
the articles delivered in payment of taxes in kind at
his depot, and make a monthly report of the same to
such officer as the Secretary of War may designate:
Provided, That in case the post quartermaster shall be
unable to collect the tax in kind specified in the estimate
delivered to him as aforesaid, he shall deliver to
the district tax-collector said estimate as a basis for the
distress warrant authorized to be issued, and take a receipt
therefor, and forward the same to the chief tax-collector
as a credit in the statement of the accounts of
said post quartermaster: Provided, That any partial
payment of said tax in kind shall be endorsed on said
estimate before delivering the same to the district tax-collector
as aforesaid, and the receipt given to him
therefor by the district tax-collector shall specify said
partial payment. When the articles thus collected,
through the payment of taxes in kind, have been received
at the depot as aforesaid, they shall be distributed
to the agents of the Secretary of the Treasury,
if they consist of cotton or tobacco, or if they be
suitable for forage or subsistence, to such places and
in such manner as the Secretary of War may prescribe.
The wool collected under this act shall be retained
by the Quartermaster's department as supplies.
Should the Secretary of War find that some of the
agricultural produce thus paid in and suitable for forage
and subsistence has been, or will be, deposited in
places where it can not be used, either directly or indirectly,
for these purposes, he shall cause the same to
be sold in such manner as he may prescribe, and the
proceeds of such sale shall be paid into the Treasury
of the Confederate States. Should, however, the Secretary
Page 190
of War notify the Secretary of the Treasury
that it would be impracticable for him to collect or
use the articles taxed in kind, or any of them to be received
in certain districts or localities, then the Secretary
of the Treasury shall proceed to collect in said
district or locality the money value of said articles
specified in said estimate and not required in kind,
and said money value shall be due on the first day of
January in each and every year, and be collected as
soon thereafter as practicable; and where in districts
heretofore, or which may hereafter be ascertained to
be so impracticable, quartermasters or commissaries,
serving with troops in the field, shall have collected,
or may hereafter collect from producers, any portion
of their tax in kind, the receipts of such officers shall
be held good to the producers against the collection
of the money value of their tax, to the extent and
value of such portions as may have been or may be
hereafter collected. And where assessments in practicable
localities have been made and transferred to
the post quartermaster, and transportation is difficult
to be obtained, the supply of grain sacks insufficient,
or the amount of produce receivable is too small to
justify the expenses of collection, post quartermasters,
with the approval of the superior officers, shall be
authorized to transfer the estimates to district collectors,
to be collected in their money value only.
Ibid, §13. Assessors; their appointment, duties, etc.
544. That the assessors whose duty it is under said
act [529] to estimate the taxes in kind, shall be appointed
by the Secretary of War, and their duties
shall be the same and the duties shall be executed in
the same manner as is prescribed by sections ten,
eleven, and twelve of this act, in reference to the estimates
and assessment of taxes in kind on agricultural
products and slaughtered hogs; and there may be one
assessor appointed for each practicable tax district,
and he shall take the oath as assessor of taxes in kind
prescribed by section five of the act for the assessment
and collection of taxes, approved may first,
eighteen hundred and sixty-three, which oath shall be
delivered to such officer as the Secretary of War may
Page 191
designate. And the assessors of taxes in kind shall
be separate and distinct from the assessors of money
tax, and shall be subject to the exclusive direction and
control of the War department, and shall receive the
same compensation, for such time as they may be employed,
as is allowed to other agents of the Quartermaster's department.
Ibid, §18. Duration of the act.
545. This act shall be in force for two years after
the expiration of the present year, and the taxes
herein imposed for the present year shall be levied
and collected each year thereafter in the manner and
form herein prescribed, and for the said time of two
years, unless this act shall be sooner repealed.
III. EXEMPTIONS FROM TAXATION
April 24, 1863 §7, ch. 38. Salaries of persons in military or naval service.
546. That upon the salaries of all salaried persons
serving in any capacity whatever, except upon the
salaries of persons in the military or naval service,
there shall be levied and collected a tax of one per
centum on the gross amount of such salary, when not
exceeding fifteen hundred dollars, and two per centum
upon any excess over that amount, to be levied and
collected at the end of each year, in the manner prescribed
for other taxes ennumerated in this act: Provided,
That no taxes shall be imposed by virtue of this
act on the salary of any person receiving a salary not
exceeding one thousand dollars per annum, or at a like
rate for another period of time, longer or shorter. [See,
also, 548.]
Feb. 17, 1864 Res. Daily wages of detailed soldiers.
547. That the daily wages of detailed soldiers, and
other employees of the government, are not liable to
taxation as income, although they may amount in the
aggregate to the sum of one thousand dollars per annum.
Feb. 17, 1864 §6, ch. 66. Salaries of persons in military or naval service.
548. That upon the salaries of all salaried persons
serving in any capacity whatever, except upon the
salaries of persons in the military or naval service,
there shall be levied and collected a tax of one per
centum on the gross amount of such salary, when not
exceeding fifteen hundred dollars, and two per centum.
upon any excess over that amount, to be levied and
Page 192
collected at the end of each year, in the manner prescribed
for other taxes enumerated in this act: Provided,
That no taxes shall be imposed by virtue of this
act on the salary of any person receiving a salary not
exceeding one thousand dollars per annum, or at a like
rate for another period of time, longer or shorter.
Feb. 17. 1864 §5, ch. 64. Property of certain persons of a specified value.
549. The following exemptions from taxation under
this act* shall be allowed, to wit:
I. Property of each head of a family to the value of
five hundred dollars; and for each minor child of the
family to the further value of one hundred dollars;
and for each son actually engaged in the army or navy,
or who has died or been killed in the military or naval
service, and who was a member of the family when he
entered the service, to the further value of five hundred
dollars.
II. Property of the widow of any officer, soldier,
sailor, or marine who may have died or been killed in
the military or naval service, or where there is no
widow, then of the family, being minor children, to
the value of one thousand dollars.
III. Property of every officer, soldier, sailor, or marine,
actually engaged in the military or naval service,
or of such as have been disabled in such service, to the
value of one thousand dollars: Provided, That the
above exemptions shall not apply to any person whose
property, exclusive of household furniture, shall be
assessed at a value exceeding one thousand dollars.
IV. That where property has been injured or destroyed
by the enemy, or the owner thereof has been
temporarily deprived of the use or occupancy thereof,
or of the means of cultivating the same by reason of
the presence or proximity of the enemy, the assessment
on such property may be reduced in proportion
to the damage sustained by the owner, or the tax assessed
thereon may be reduced in the same ratio by
the district collector, on satisfactory evidence submitted
to him by the owner or assessor.
*
"An act to levy additional taxes for the common defence and support of the
government."
Page 193
XXII.--WAR DEPARTMENT.
- 550. Department established.
- 551.
Duties of the Secretary of War.
- 552. Chief
and other clerks.
- 553. When an officer of
the army is appointed Secretary of War.
- 554.
Assistant Secretary of War.
- 555. Chief of the Bureau
of War, and clerks. Clerks in other bureaus
of the War department. Assignment of clerks. - 556.
Increase of clerical force.
- 557. Further increase
of clerical force.
- 558. Advances on contracts may
be made.
- 559. Purchase or lease of real estate by
Secretary of War.
- 560. Purchase or lease of real estate
made by Chief of Ordnance.
- 561. Consent of state
required.
- 562. Accounts of War department: how to be
audited and filed.
- 563. Bureaus or agencies west of
the Mississippi river.
- 564. Staff officers
and clerks.
Feb. 21, 1861
§1, ch. 9. Department established.
550. 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.
Ibid, §2.
Duties of the Secretary of War.
551. That said secretary shall, under the direction
and control of the President, have charge of all matters
and things connected with the army, and with the
Indian tribes within the limits of the Confederacy,
and shall perform such duties appertaining to the army
and to said Indian tribes, as may, from time to time,
be assigned to him by the President.
Ibid, §3. Chief and other clerks.
552. That the secretary of said department is hereby
authorized to appoint a chief clerk thereof; and as
many inferior clerks as may be found necessary, and
may be authorized by law.
Feb. 27, 1862 ch. 1.
When an officer of the army is appointed Secretary of War.
553. That if any officer of the army be appointed
Secretary of War, and enter upon the duties of that
office, he shall not thereby lose his rank in the army,
but only the pay and allowance thereof during the time
he is Secretary of War, and receiving the salary of
that officer.
Dec. 10, 1861 ch.
6. Assistant Secretary of War.
554. That the Secretary of War be and he is hereby
authorized and empowered to appoint an assistant,
who shall be known as the Assistant Secretary of War,
who shall perform such duties as may be assigned him
Page 194
by the secretary, and receive as compensation for his
services three thousand dollars per annum.
*
March 7, 1861 §1, ch.
30. Chief of Bureau of War, and clerks.
Clerks in other bureaus of
the War department.
Assignment of clerks.
555. To the War department there shall be a chief
of the bureau of war, at an annual salary of three
thousand dollars, and five clerks, who shall each receive
twelve hundred dollars per annum; and one of
them may be appointed disbursing clerk, with an additional
salary of six hundred dollars, who shall give
bond, with sureties to be approved by the Secretary of
War. There shall also be one messenger, whose, compensation
shall be five hundred dollars per annum.
And to all of the bureaus of the War department, viz.,
the Adjutant and Inspector-General, Quartermaster-General,
the Commissary-General, the Surgeon-General,
the Chief-Engineer, and the Artillery, there shall
be fourteen clerks, seven of whom shall receive each a
salary of twelve hundred dollars, and seven a salary
each of one thousand dollars per annum.
* And the
Secretary of War is hereby authorized to assign said
clerks to duty in the respective offices enumerated,
as in his judgment will best promote the public service.
And to each of said named bureaus, except the
office of Surgeon-General, there shall be, if deemed
necessary by the Secretary of War, a messenger, at
an annual compensation of five hundred dollars.
*
Aug. 29, 1861 ch. 46.
Increase of clerical force.
556. That the clerical force of the War department
shall be increased to the extent and in the manner following,
to wit. **
FOR THE OFFICE OF THE SECRETARY OF WAR.--One
clerk at the rate* of two thousand dollars per annum;
for the payment of whom, from eighteenth of August,
eighteen hundred and sixty-one, to the eighteenth of
February, eighteen hundred and sixty-two, there is
hereby appropriated the sum of one thousand dollars.
March 14,
1862, ch. 3. Further increase of clerical force.
557. That there be added to the number of clerks
now authorized by law in the War department, twenty
additional clerks, to be divided among the several
bureaus, in such proportion as the Secretary of War
*
See "Salaries" in Appendix.
** See 29, 36. 37,
40, 43, 57.
Page 195
may deem most advantageous, to receive compensation
as follows, to wit: six at the rate of fifteen hundred
dollars per annum; six at the rate of twelve hundred
dollars per annum, and eight at the rate of one
thousand dollars per annum.
*
Aug. 5, 1861 ch.
15. Advances on contracts may be made
558. That the Secretary of War, with the approbation
of the President, be authorized, during the existence
of the present war, to make advances upon any
contract, not to exceed thirty-three and one third per
cent., for arms or munitions [388 et seq.] of war:
Provided, That security be first taken, to be approved
by the Secretary of War, for the performance of the
contract, or for a proper accounting for the said money
May 1, 1863 §1,
ch. 63. Purchase or lease of real estate by Secretary of War.
559. That the Secretary of War be and he is hereby
authorized to purchase or lease any and all real estate
which may by him be deemed necessary for the use of
the government in the conduct of those works or operations
submitted by law to the supervision or control
of the War department, and for which appropriations
are made by Congress.
Ibid,
§2. Purchase or lease of real estate made by Chief of Ordnance.
560. That the Secretary of War is hereby authorized
to ratify and complete any purchase or lease of real
estate heretofore made under the direction of the Chief
of Ordnance, and all such leases or purchases heretofore
made shall be binding as soon as the same are approved
by the Secretary of War.
Ibid,
§3. Consent of state required.
561. Every purchase of freehold estate made by authority
of this act shall be subject to the condition,
that the consent of the state within whose limits it
lies shall be obtained by the Confederate government.
April 19, 1862, ch. 47.
Accounts of War department; how to be audited and filed.
562. That it shall be the duty of the Second Auditor,
after examining the accounts for the War department,
to certify the balances and transmit the account,
with the vouchers and certificates, to the Comptroller
for his decision thereon, and when finally adjusted,
said accounts, vouchers, and certificates shall be filed
with the Register, as required by the act "to establish
the Treasury department," approved February twenty-first,
eighteen hundred and sixty-one.
*
See "Salaries" in Appendix.
Page 196
Feb. 17, 1864 §1,
ch. 55. Bureau or agencies west of the Mississippi river.
563. That, under the direction of the President, such
bureaus or agencies of the War department may be
organized west of the Mississippi river as the public
service may require, which shall be auxiliary to the
similar bureaus of said department established by law,
and shall perform such duties as may be directed by
instructions from the Secretary of War, or the general
commanding in the trans-Mississippi department [371],
acting under the authority of the War department.
Ibid, §2. Staff officers and clerks.
564. Such staff officers and clerks may be assigned
to duty, or appointed by the President in these bureaus,
as may be necessary for the service; and, under
authority from the President, the general commanding
in the trans-Mississippi department may assign such
officers to duty or make appointments therein, subject
to the approval of the President: Provided, That no
clerk employed under this act shall be allowed a salary
exceeding two thousand dollars per annum, or be
liable to military duty.
Page 197
NAVAL LAWS.
Page 199
XXIII.--NAVY DEPARTMENT.
[For Navy-Yards, Dock-Yards, etc., see "Forts and
Arsenals,"
394, 395.]
- 565. Department established.
- 566. Duties of secretary.
- 567. Chief and other clerks to be appointed.
- 568. Chief clerk; his salary and duties. Three other clerks and a messenger.
- 569. Two additional clerks and a draughtsman.
- 570. Register, draughtsman, and additional clerk.
- 571. Additional clerks; how selected.
- 572. Officer in charge of ordnance, ordnance stores, hydrography, etc.
Officer of orders and details, and matters connected with
courts-martial and courts of inquiry. Surgeon or assistant
surgeon to purchase medicines or medical supplies. Paymaster
to purchase provisions, clothing, etc. Clerks.
