Confederate States of America. A Digest of the Military and Naval Laws of the Confederate States, From the Commencement of the Provisional Congress to the End of the First Congress Under the Permanent Constitution.

A Digest of the Military and Naval Laws
of the Confederate States,
From the Commencement of the Provisional Congress
to the End of the First Congress
Under the Permanent Constitution:
Electronic Edition.

Confederate States of America.

Funding from the Institute of Museum and Library Services
supported the electronic publication of this title.

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First edition, 1999
ca. 900K
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
1999.

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Library of Congress Subject Headings, 21st edition, 1998

LC Subject Headings:

Military law -- Confederate States of America.
Naval law -- Confederate States of America.

Title Page

Verso

A DIGEST
OF THE
MILITARY AND NAVAL LAWS
OF THE
CONFEDERATE STATES, FROM THE
COMMENCEMENT OF THE PROVISIONAL CONGRESS
TO THE
END OF THE FIRST CONGRESS UNDER THE
PERMANENT CONSTITUTION.

ANALYTICALLY ARRANGED
BY

CAPT. W. W. LESTER, OF THE QUARTERMASTER-GENERAL'S OFFICE, AND
WM. J. BROMWELL, OF THE DEPARTMENT OF STATE,
ATTORNEYS-AT-LAW.

To be continued every session.

COLUMBIA:
EVANS AND COGSWELL.
1864.

Page verso

Entered according to act of Congress, in the year 1864, by
W. W. LESTER and WILLIAM J. BROMWELL,
In the Clerk's office of the District Court of the Confederate States in and for the Eastern
District of Virginia.
PRINTED BY EVANS & COGSWELL, COLUMBIA, S. C.

Page 3

INTRODUCTION.

The high favor with which the present work has already been received in military and legislative circles, and by the administrative officers of the government, even under the disadvantage of being examined in a manuscript state, leaves no room to doubt that, in its present neat and convenient form, it will be received as a most useful and acceptable work by all who may have occasion to consult the military and naval laws of our country.

The following letter from the Attorney-General of the Confederate States to the Hon. E. Barksdale, Chairman of Committee on Printing of the House of Representatives, and the report of that committee, communicated to the House after an examination of the work, fully describe its character and utility, and obviate the necessity of a more formal introduction to the public.

Letter from the Attorney-General of the Confederate States to the Hon. E. Barksdale,
Chairman of the Committee on Printing of the House of Representatives.

CONFEDERATE STATES OF AMERICA,
DEPARTMENT OF JUSTICE, RICHMOND, January30, 1864.

Hon. E. Barksdale, House of Representatives:

DEAR SIR: At your request I have examined, with some care, the "Analytical Digest of the Military and Naval Laws of the Confederate States," prepared by Messrs. Lester and Bromwell. It is, in my judgment, a most useful work.

The labor of searching through so many pamphlet copies of the laws, and the uncertainty, at last, as to whether all the legislation on a particular subject has met attention, have been an inconvenience long felt by all, and especially by the departments and the committees of Congress.

This work has been prepared with diligence, care, and accuracy. All the legislation upon the subjects embraced has been collated under appropriate heads, with marginal notes and references, a table of contents, and a copious index. The facilities which it furnishes to the departments and committees alone would, in my opinion, justify its publication at the expense of the government.

I recommend it to the favorable consideration of the committee.

Very respectfully, your obedient servant,

GEO. DAVIS.

Report of the Committee on Printing of the House of Representatives, relative to a
Digest of the Laws of the Confederate States.

Mr. Barksdale, of Mississippi, moved a further suspension of the rule, to enable him to make a report from the Committee on Printing.

He said the committee had not made a report this session, and there were matters of importance awaiting the action of the House.

Page iv

The rule was suspended, when Mr. Barksdale, from the Committee on Printing, to whom was referred a resolution of the House inquiring into the practicability of having printed an analytical digest of the laws of the Confederate States, submitted the following report:

"That a compilation, after the plan of Brightly, embracing the military and naval laws of the Confederate States, to the close of the last session of Congress, has been submitted to them by Captain W. W. Lester, of the Quartermaster-General's department, and William J. Bromwell, Esq., of the Department of State, and that, upon examination, the work discloses the following features:

"I. All the provisions of law bearing upon a given subject (accompanied with marginal notes, chapter of the law, number of the section, and date of act) are collected together, arranged under an appropriate general heading, and properly subdivided."

"II. Where laws or parts of laws have been amended, modified, repealed, or extended, they are followed, in all cases practicable, immediately by the laws which so amend, modify, repeal, or extend them; in all other cases, suitable references and cross-references are inserted."

"III. For greater convenience of reference, and to secure the utmost simplicity of arrangement, an improvement upon similar works has been adopted of numbering the paragraphs of the work continuously from beginning to end."

"IV. A table of the general divisions of the book, an analysis of contents prefixed to each division, and a copious index to the whole, as systematic aids to facilitate investigation."

"V. An appendix, comprising the Articles of War, regulations concerning privateering, and other matter referred to in the body of the work."

"The committee further report that the Digest in question, extended to embrace the military and naval laws of the present session, can be procured, ready for the printer, for the moderate sum of twenty-five hundred dollars."

"The committee further report that an alphabetical and analytical Digest on the same plan, embracing all the laws of Congress up to the close of the present session, can be prepared, ready for printing, for the sum of four thousand dollars."

Mr. Barksdale then reported a bill to authorize the publication of a Digest of the Laws of the Confederate States.

[The bill above referred to was passed without opposition in the Senate, and by more than a two-thirds vote in the House.]

Page v

TABLE OF CONTENTS.

MILITARY LAWS.

I.--REGULAR ARMY.

I. General Organization.
II. Adjutant and Inspector-General's department.
III. Quartermaster-General's department.
IV. Subsistence department.
V. Medical department.
VI. Cadets.
VII. Military Storekeepers.
VIII. Armories.
IX. Engineers.
X. Artillery.
XI. Cavalry.
XII. Infantry.
XIII. Pay.
XIV. Bounty.
XV. Rations.
XVI. Forage.
XVII. Zouaves.

II.--PROVISIONAL ARMY.

I. Forces in service of the several states; how received.
II. Militia and military forces of the Confederate States, and 100,000 volunteers for twelve months.
III. Volunteers for the war.
IV. Volunteers for such time as the President may prescribe.
V. 400,000 volunteers for not less than twelve months, nor more than three years.
VI. Requisition upon the states for troops.
VII. Bounty; furloughs; election of company officers, and other privileges.
VIII. Recruiting.
IX. Conscription.
X. Camps of Instruction.
XI. Employment of Negroes.
XII. Exemption.
XIII. Rendezvous.
XIV. Local defence and special service.
XV. Quartermaster, Commissary, and Medical departments.
Page vi
XVI. Supplies, clothing, and provisions.
XVII. Transportation.
XVIII. Cooks and nurses.
XIX. Chaplains.
XX. Engineers and engineer troops.
XXI. Artillery.
XXII. Military Storekeepers.
XXIII. Partisan rangers.
XXIV. Sharp-shooters.
XXV. Pikemen.
XXVI. Signal corps.
XXVII. Drill-masters.
XXVIII. Buglers and musicians.
XXIX. Disqualified, disabled, and incompetent officers.
XXX. Invalid corps.
XXXI. Retirement of officers.
XXXII. Drunkenness.
XXXIII. Absence without leave.
XXXIV. Punishment by whipping prohibited.
XXXV. Detailed soldiers and transfer of troops.
XXXVI. Pay and allowances due deceased soldiers.
XXXVII. Military courts.
XXXVIII. Indian troops.
XXXIX. Virginia militia.
XL. Miscellaneous.

III.--ARMS AND MUNITIONS.
IV.--FLAG.
V.--FORTS AND ARSENALS.
VI.--HABEAS CORPUS.
VII.--HOSPITALS; SICK AND WOUNDED SOLDIERS.
VIII.--IMPRESSMENTS.
IX.--MANUFACTURE OF SALTPETRE AND SMALL-ARMS; AND MINES FOR THE PRODUCTION OF COAL AND IRON.
X.--MISSOURI.
XI.--NATURALIZATION.
XII.--NITRE AND MINING BUREAU.
XIII.--NORTH CAROLINA.
XIV.--PRESIDENT.
XV.--PRISONERS OF WAR.
XVI.--PRODUCTION OF PROVISIONS.
XVII.--PROPERTY DESTROYED.
XVIII.--RETALIATION.
XIX.--SLAVES.
XX.--SOUTH CAROLINA.
XXI.--TAXES.
- I. Tax in kind--act of April 24, 1863.
  Page vii
- II. Tax in kind-- act of February 17, 1864.
- III. Exemptions from taxation.
XXII.--WAR DEPARTMENT.

NAVAL LAWS.

XXIII.--NAVY DEPARTMENT.
XXIV.--REGULAR NAVY.
- I. Officers.
- II. Marine corps.
- III. Seamen.
- IV. Gunboats and vessels of war.
- V. Miscellaneous provisions.
XXV.--PROVISIONAL NAVY.
XXVI.--VOLUNTEER. NAVY.
XXVII.--MARITIME LAW.
XXVIII.--PRIVATEERS AND PRIZES.
XXIX.--MARINE HOSPITALS.
XXX.--NATURALIZATION.
XXXI.--PRESIDENT.
XXXII.--PRISONERS OF WAR.
XXXIII.--RETALIATION.

APPENDIX.

Clauses of the Constitution relating to military and naval affairs.
Articles of War.
United States laws relating to Ordnance department.
Salaries.
President's instructions to private armed vessels.
Act to perpetuate testimony in cases of slaves abducted or harbored by the enemy, etc., etc.

Page 9

MILITARY LAWS.

Page 11

I.--REGULAR ARMY.

I. GENERAL ORGANIZATION.

1. General staff.
2. Staff officers; when to assume command.
3. How appointed.
4. Military establishment.
5. Brigadier-generals.
6. Additional brigadier-generals.
7. "Generals."
8. Officers; how appointed. Period of enlistment of rank and file.
9. Examination of officers.
10. Vacancies; how filled. Brigadier-generals; how appointed.
11. Meritorious non-commissioned officers.
12. Duties of officers. Regulations.
13. Rules and Articles of War.
14. Sixty-fifth Article of War amended.
15. Number of troops to be called into service.
16. Repeal of conflicting laws.
17. Resigned United States officers.
18. Military oath.
19. Repealing clause.
20. Staff duty with volunteers or provisional troops.
21. Amending the foregoing and the act of May 11, 1861. Staff appointments from civil life.
22. Civilians appointed to staff of generals.
23. Staff of a general at seat of government.
24. Rank and command for service with volunteer troops.
25. Rank and command of officers on duty in certain bureaus.

II. ADJUTANT AND INSPECTOR-GENERAL'S DEPARTMENT.

26. Officers and rank.
27. Rank changed.
28. Officers increased.
29. Clerical force.

III. QUARTERMASTER-GENERAL'S DEPARTMENT.
[See XV Prov. Army.]

30. Officers; rank and duties.
31. Organization amended.
32. Rank, pay, etc., of Quartermaster-general.
33. Officers increased.
34. Bonds.
35. Purchase and sale of certain articles prohibited.
36. Clerical force.
37. Additional clerks; compensation.

IV. SUBSISTENCE DEPARTMENT.
[See XV Prov. Army.]

38. Officers; rank and duty.
39. Organization amended.
40. Clerical force.

Page 12

V. MEDICAL DEPARTMENT.
[See XV Prov. Army; also, Hospitals.]

41. Surgeon-general and assistant surgeons.
42. Hospital stewards.
43. Clerk in charge of hospital supplies.

VI. CADETS.

44. Appointment provided for.

VII. MILITARY STOREKEEPERS.
[See 246, 7.]

45. Number and pay.
46. Military storekeepers of ordnance.

VIII. ARMORIES.

47. Superintendents; master-armorers.
48. President may increase salaries of master-armorers.
49. Salary of master-armorer at Richmond increased.

IX. ENGINEERS.
[See Engineers Prov. Army.]

50. Corps organized.
51. Officers of sappers, miners, and pontoniers.
52. Duty of colonel of engineer corps.
53. Corps increased.
54. Company of sappers and bombardiers.
55. Vehicles, arms, pontons, tools, etc.
56. Pay of sappers and bombardiers; allowances, rations, and forage.
57. Clerical force for Bureau of Engineers.

X. ARTILLERY.

58. Corps organized.
59. Officers increased.
60. Quartermaster's sergeants and ordnance sergeants.
61. Number of ordnance sergeants increased.

XI. CAVALRY.
[See Infantry, 61.]

62. Regiment organized.
63. Cavalry increased. Additional infantry.

XII. INFANTRY.
[See Cavalry, 57.]

64. Regiments organized.
65. Company sergeants increased.
66. Ensign.

XIII. PAY.

67. Brigadier-generals. Aides-de-camp.
68. Officers of corps of engineers.
69. Officers of artillery.
70. Officers of infantry.
71. Officers of cavalry.
72. General staff. Surgeon-general, surgeons, assistant surgeons.
73. Additional pay.
74. Forage, fuel, etc. Commutation, mileage.
75. Enlisted men.
76. Armorers, carriage-makers, etc., for ordnance service.
77. Cadets.

Page 13

XIV. BOUNTY.

78. Of ten dollars.

XV. RATIONS.

79. One ration per day. Clothing.
80. In kind; commutation.

XVI. FORAGE.

81. In time of war. In time of peace. Servants.
82. To aides-de-camp and adjutants.

XVII. ZOUAVES.

83. Regiment organized. Pay.

I. GENERAL ORGANIZATION.

Feb. 26, 1861 §1, ch. 17. General staff

1. The Congress of the Confederate States of America do enact, That from and after the passage of this act, the general staff of the Army of the Confederate States shall consist of an Adjutant and Inspector-General's department, Quartermaster-General's department, Subsistence department, and the Medical department.

Ibid, §6. Staff officers, when to assume command.

2. That the officers of the Adjutant-General's, Quartermaster-General's, and Commissary-General's department, though eligible to command, according to the rank they hold in the Army of the Confederate States of America, shall not assume command of troops, unless put on duty under orders which specially so direct by authority of the President. The officers of the Medical department shall not exercise command except in their own department.

Ibid, §7. How appointed.

3. That the staff officers herein provided for shall be appointed by the President, by and with the advice and consent of the Congress, and shall receive such pay and allowances as shall be hereafter established by law.

March 6, 1863, §1, ch. 29. Military establishment.

4. That from and after the passage of this act the military establishment of the Confederate States shall be composed of one corps of engineers, one corps of artillery, six regiments of infantry, one regiment of cavalry, and of the staff departments already established by law.

Ibid, §8. Brigadier-generals.

5. There shall be four brigadier-generals, who shall be assigned to such commands and duties as the President

Page 14

may specially direct, and shall be entitled to one aide-de-camp each, to be selected from the subalterns of the line of the army, who, in addition to their duties as aide-de-camp, may perform the duties of assistant adjutant-general.

March 14, 1861, §2, ch. 41. Additional brigadier-generals.

6. That there shall be added one brigadier-general to those heretofore authorized by law, and that any one of the brigadier-generals of the Army of the Confederate States may be assigned to the duty of adjutant and inspector-general, at the discretion of the President.

May 16,1861 §2, ch. 20. "Generals."

7. That the five general officers provided by existing laws [5 and 6] for the Confederate States, shall have the rank and denomination of "General," instead of "Brigadier-general," which shall be the highest military grade known to the Confederate States. They shall be assigned to such commands and duties as the President shall specially direct, and shall be entitled to the same pay and allowances [67] as are provided for brigadier-generals, and to two aides-de-camp, to be selected as now provided by law. Appointments to the rank of general, after the army is organized, shall be made by selection from the army.

March 6, 1861, §9, ch. 29. Officers, how appointed. Period of enlistment of rank and file

8. All officers of the army shall be appointed by the President, by and with the advice and consent of the Congress, and the rank and file shall be enlisted for a term not less than three nor more than five years, under such regulations as may be established.

Ibid, §10. Examination of officers.

9. No officer shall be appointed in the army until he shall have passed an examination satisfactory to the President, and in such manner as he may prescribe, as to his character and fitness for the service. The President, however, shall have power to postpone this examination for one year after appointment, if in his judgment necessary for the public interest.

Ibid, §11. Vacancies, how filled.

Brigadier-generals, how appointed.

10. All vacancies in established regiments and corps, to and including the rank of colonel, shall be filled by promotion according to seniority, except in case of disability or other incompetency. Promotions, to and including the rank of colonel, shall be made regimentally in the infantry and cavalry; in the staff departments,

Page 15

and in the engineers and artillery, according to corps. Appointments to the rank of brigadier-general, after the army is organized, shall be made by selection from the army.

Ibid, §12. Meritorious non-commissioned officers.

11. The President of the Confederate States is hereby authorized to appoint to the lowest grade of subaltern officers such meritorious non-commissioned officers as may, upon the recommendation of their colonels and company officers, be brought before an army board specially convened for the purpose, and found qualified for the duties of commissioned officers, and to attach them to regiments or corps, as supernumerary officers, if there be no vacancies: Provided, There shall not be more than one so attached to any one company at the same time.

Ibid, §26. Duties of officers.

Regulations.

12. The officers appointed in the Army of the Confederate States by virtue of this act shall perform all military duties to which they may be severally assigned by authority of the President, and it shall be the duty of the Secretary of War to prepare and publish regulations, prescribing the details of every department in the service, for the general government of the army, which regulations shall be approved by the President, and, when so approved, shall be binding.

Ibid, §29. Rules and Articles of War.

13. The Rules and Articles of War^* established by the laws of the United States of America for the government of the army, are hereby declared to be of force, except that wherever the words "United States" occur, the words "Confederate States" shall be substituted therefor; and except that the Articles of War numbers sixty-one and sixty-two are hereby abrogated, and the following articles substituted therefor:

"ARTICLE 61. Officers having brevets or commissions of a prior date to those of the corps in which they serve, will take place on courts-martial or of inquiry, and on boards detailed for military purposes, when composed of different corps, according to the ranks given them in their brevet or former commissions, but in the regiment, corps, or company to which such officers belong, they shall do duty and take rank,
* For Articles of War, see Appendix.

Page 16

both in courts and on boards as aforesaid, which shall be composed of their own corps, according to the commission by which they are there mustered."

"ARTICLE 62. If, upon marches, guards, or in quarters, different corps shall happen to join or do duty together, the officer highest in rank, according to the commission by which he is mustered in the army, navy, marine corps, or militia, there on duty by orders from competent authority, shall command the whole, and give orders for what is needful for the service, unless otherwise directed by the President of the Confederate States in orders of special assignment providing for the case."

Feb. 17, 1864 ch. 51.

Sixty-fifth Article of War amended.

14. That the sixty-fifth Article of War^* be so amended as to read as follows:

"ARTICLE 65. Any general officer commanding an army, or commanding a force of cavalry not with and under the immediate command of the commander of an army, or other officer commanding a separate department, may appoint general courts-martial whenever necessary. But no sentence of a court-martial shall be carried into execution until after the whole proceedings shall have been laid before the officer ordering the same, or the officer commanding the troops for the time being: neither shall any sentence of a general court-martial in time of peace, extending to the loss of life, or the dismission of a commissioned officer, or which shall, either in time of peace or war, respect a general officer, be carried into execution until after the whole proceedings shall have been transmitted to the Secretary of War, to be laid before the President of the Confederate States for his confirmation or disapproval and orders in the case. All other sentences may be confirmed and executed by the officer ordering the court to assemble, or the commanding officer for the time being, as the case may be."

March 6, 1861, §30, ch. 29. Number of troops to be called into service.

15. The President shall call into the service of the Confederate States only so many of the troops herein provided for [4] as he may deem the safety of the Confederacy may require.

* For Articles of War, see Appendix.

Page 17

Ibid, §31. Repealing clause.

16. All laws or parts of laws of the United States , which have been adopted by the Congress of the Confederate States, repugnant to or inconsistent with this act, are hereby repealed.

March 14, 1861, §5, ch. 41. Resigned U. S. officers.

17. That in all cases of officers who have resigned, or who may within six months tender their resignations from the Army of the United States, and who have been or may be appointed to original vacancies in the Army of the Confederate States, the commissions issued shall bear one and the same date, so that the relative rank of officers of each grade shall be determined by their former commissions in the United States army, held anterior to the secession of these Confederate States from the United States.

Ibid, §6.

Military oath.

18. That every officer, non-commissioned officer, musician, and private shall take and subscribe the following oath or affirmation, to wit: "I, A. B., do solemnly swear or affirm (as the case may be) that while I continue in the service I will bear true faith and yield obedience to the Confederate States of America, and that I will serve them honestly and faithfully against their enemies, and that I will observe and obey the orders of the President of the Confederate States, and the orders of the officers appointed over me, according to the Rules and Articles of War."

Ibid, §7. Repealing clause.

19. That all laws and parts of laws militating against this act, be and the same are hereby repealed.

May 16, 1861 §9, ch. 20. Staff duty with volunteer or provisional troops.

20. That the President be authorized to assign officers of the Army of the Confederate States to staff duty with volunteers or provisional troops, and to confer upon them, whilst so employed, the rank corresponding to the staff duties they are to perform.

Aug. 3, 1861 ch. 10. Amending act of May 11, 1861, §9.

Staff appointments from civil life.

21. That the third section of the act entitled "An act to make further provision for the public defence," approved May 11, 1861 [113], be amended by striking out of said section the words "detailed from the regular army;" and further, that the ninth section of the act entitled "An act to increase the military establishment of the Confederate States," and to amend the "act for the establishment and organization of the Army of the Confederate States of America," approved

Page 18

May 16, 1861 [20], be amended by adding thereto the following clause: "And that the President may, in his discretion, upon the application and recommendation of a major-general or brigadier-general, appoint from civil life persons to the staff of such officer, who shall have the same rank and pay as if appointed from the Army of the Confederate States."

Aug. 31,1861 ch.66. Civilians appointed to staff of generals.

22. That the President may, in his discretion, upon the application and recommendation of a general of the Confederate States army, appoint from civil life persons to the staff authorized by law of such officer, who shall have the same rank and pay as if appointed from the Army of the Confederate States.

March 25, 1862 ch. 9. Staff of a general at seat of government.

23. That whenever the President shall assign a general to duty at the seat of government, the said general shall be entitled to the following staff, to wit: A military secretary, with the rank of colonel; four aides-de-camp, with the rank of major; and such clerks, not to exceed four in number, as the President shall, from time to time, authorize. The pay and allowance of the military secretary and aides-de-camp shall be the same as those of officers of cavalry of like grade [71]; and the salaries of the clerks shall not exceed twelve hundred dollars per annum for each.^** Such offices, office furniture, fuel, and stationery shall be provided for the said general as the duties of his office may render necessary, to be paid for out of the appropriation for the contingent expenses of the War department.

May 21, 1861 ch. 41. Rank and command for service with volunteer troops.

24. That the President shall be authorized to confer temporary rank and command, for service with volunteer troops, on officers of the Confederate army; the same to be held without prejudice to their positions in said army, and to have effect only to the extent and according to the assignment made in general order.

Dec. 31, 1861 ch. 30. Rank and command upon officers on duty in certain bureaus.

25. That the above entitled act [24] be so amended that, in addition to the power therein granted, the President of the Confederate States be and he is hereby authorized to confer temporary rank and command upon officers of the Confederate army on duty in the
* See "Salaries" in Appendix.

Page 19

several bureaus of the Adjutant and Inspector-General, Chief of Engineers, and Chief of Ordnance, to cease at the end of the war; the same to be held without prejudice to the positions in said army.

II. ADJUTANT AND INSPECTOR-GENERAL'S DEPARTMENT.

Feb. 26, 1861 §2, ch. 17. Officers and rank.

26. That the Adjutant and Inspector-General's department shall consist of one adjutant and inspector-general with the rank of colonel,^* four assistant adjutants-general with the rank of major, and four assistant adjutants-general with the rank of captain.

March 14, 1861, §1, ch. 41. Rank changed.

27. That the Adjutant and Inspector-General's department shall consist of two assistant adjutants-general with the rank of lieutenant-colonel, two assistant adjutants-general with the rank of major, and four assistant adjutants-generals with the rank of captain.

Oct. 8, 1862 ch. 35. Officers increased.

28. That the first section of the act entitled "An act for the organization of the staff departments of the Army of the Confederate States of America," approved March fourteenth, eighteen hundred and sixty-one [27], be amended by adding to the Adjutant and Inspector-General's department one assistant adjutant-general with the rank of colonel.

Aug. 29, 1861 ch. 46. Clerical force.

29. FOR THE OFFICE OF THE ADJUTANT-GENERAL--One clerk at the rate^** of twelve hundred dollars per annum; one clerk at the rate of one thousand dollars per annum; one clerk at the rate of eight hundred dollars per annum; for whose payment, from 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 fifteen hundred dollars.

III. QUARTERMASTER-GENERAL'S DEPARTMENT.
[See XV Prov. Army, 202 et seq.]

Feb. 26, 1861 §3, ch. 17. Officers; rank and duties.

30. That the Quartermaster-General's department shall consist of one quartermaster-general with the rank of colonel [32], six quartermasters with the rank
* Brigadier-general may be assigned, 6.

** See "Salaries," in Appendix. For other clerks, see 555, 557. For appointment of assistant adjutants-general for volunteer forces, see 98.

Page 20

of major; and as many assistant quartermasters as may from time to time be required by the service may be detailed by the War department from the subalterns of the line, who, in addition to their pay in the line, shall receive twenty dollars per month while engaged in that service. The quartermasters herein provided for shall also discharge the duties of paymasters, under such regulations as may be prescribed by the Secretary of War.

March 14, 1861, §3, ch. 41. Organization amended.

31. That the Quartermaster-General's department shall consist of one quartermaster-general with the rank of colonel [32], one assistant quartermaster-general with the rank of lieutenant-colonel, four assistant quartermasters with the rank of major, and such other officers in that department as are already provided by law.

March 20, 1863, ch. 8. Rank, pay, etc., of quartermaster-general.

32. That from and after the passage of this act, the rank, pay, and allowances attached to the office of Quartermaster-General of the Army of the Confederate States shall be those of a brigadier-general in the Provisional Army.

May 16, 1861 §4, ch. 20. Officers increased.

33. That there be added to the Quartermaster-General's department one assistant quartermaster-general with the rank of lieutenant-colonel, and two quartermasters with the rank of major; and to the Commissary-General's department one assistant commissary with the rank of major, and one assistant commissary with the rank of captain; and to the Medical department six surgeons and fourteen assistant surgeons.

March 6,1861, §27, ch. 29. Bonds.

34. All officers of the Quartermaster's and Commissary departments shall, previous to entering on the duties of their respective offices, give bonds, with good and sufficient sureties, to the Confederate States, in such sum as the Secretary of War shall direct, fully to account for all moneys and public property which they may receive.

Ibid, §28. Purchase and sale of certain articles prohibited.

35. Neither the Quartermaster-General, the Commissary-General, nor any or either of their assistants, shall be concerned, directly or indirectly, in the purchase or sale of any articles intended for, making a part of, or appertaining to public supplies, except for and on account of the Confederate States; nor shall

Page 21

they, or either of them, take or apply to his or their own use any gain or emolument for negotiating any business in their respective departments, other than what is or may be allowed by law [215 to 220].

Aug. 29, 1861 ch. 46. Clerical force.

36. FOR THE OFFICE OF THE QUARTERMASTER-GENERAL three additional clerks at twelve hundred dollars each per annum,* three additional clerks at one thousand dollars each per annum; for whose payment, from eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is hereby appropriated the sum of three thousand and three hundred dollars.

April 19, 1862, ch. 54. Additional clerks. Compensation.

37. That the Secretary of War be and he is hereby authorized to appoint eight additional clerks in the Bureau of the Quartermaster-General at the following rates of compensation, to wit:^* two at the rate of fifteen hundred dollars per annum, two at the rate of twelve hundred dollars per annum, and four at the rate of one thousand dollars per annum: Provided, that no person now by law subject to military duty shall be appointed.

IV. SUBSISTENCE DEPARTMENT.
[See XV Prov. Army, 202 et seq.]

Feb. 26, 1861 §4, ch. 17. Officers; rank and duties.

38. That the Commissary-General's department^** shall consist of one commissary-general. with the rank of colonel, four commissaries with the rank of captain; and as many assistant commissaries as may from time to time be required by the service may be detailed by the War department from the subalterns of the line, who, in addition to their pay in the line, shall receive twenty dollars per month while engaged in that service. The assistant quartermasters and assistant commissaries shall be subject to duties in both departments at the same time, but shall not receive the additional compensation but in one department.

March 14,1861, §4, ch. 41. Organization amended.

39. That the Commissary-General's department shall consist^** of one commissary-general with the rank of
* See "Salaries," in Appendix. For other clerks, see 555, 557.

** Officers to give bonds, 34. Not to be concerned in purchase of supplies, etc., except on account of Confederate States, 35, 215, et seq. For additional officers, see 33.

Page 22

colonel, one commissary with the rank of lieutenant-colonel, one commissary with the rank of major, and three commissaries with the rank of captain; and as many assistant commissaries as may from time to time be required by the service may be detailed by the War department from the subalterns of the line, who, in addition to their pay in the line, shall receive twenty dollars per month while engaged in that service.

Aug. 29, 1861 ch. 46. Clerical force.

40. FOR THE OFFICE OF THE COMMISSARY-GENERAL, for two clerks at the rate^* of twelve hundred dollars each per annum; for whose payment, from eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is hereby appropriated the sum of twelve hundred dollars.

V. MEDICAL DEPARTMENT.
[See XV Prov. Army, 202 et seq., also Hospitals, 406
et seq.]

Feb. 26, 1861, §5, ch. 17. Surgeon-general and assistant surgeons.

41. That the Medical department shall consist of one surgeon-general with the rank of colonel, four surgeons with the rank of major, and six assistant surgeons with the rank of captain [33]; and as many assistant surgeons as the service may require may be employed by the Department of War, and receive the pay [72] of assistant surgeons.

May 16, 1861, §7, ch. 20. Hospital stewards.

42. That there may be enlisted for the medical department of the army, for the term already provided by law for other enlisted men, as many hospital stewards as the service may require, to be determined by the Secretary of War, under such regulations as he may prescribe, and who shall receive the pay and allowances of a sergeant-major [75].

Aug. 2, 1861, ch. 7. Clerk in charge of hospital supplies.

43. That the Secretary of War shall forthwith appoint a clerk in the office of the Surgeon-General, to take charge of all hospital supplies and other articles which may be contributed for the use of the sick and wounded, and the same to dispose of, according to the wishes of the contributors, under the direction of
* See "Salaries," in Appendix. For other clerks, see 555, 557.

Page 23

the medical department of the army--the salary^* of the said clerk not to exceed one thousand dollars; and the said clerk shall be authorized, under the direction of the Surgeon-General, to procure and fit up a proper place for the safe-keeping and proper disposal of the said articles.

VI. CADETS.

May 16, 1861 §8, ch. 20. Appointment provided for.

44. That until a military school shall be established for the elementary instruction of officers for the army, the President shall be authorized to appoint cadets from the several states, in number proportioned to their representation in the House of Representatives, and ten in addition, to be selected by him at large from the Confederate States, who shall be attached to companies in service in any branch of the army, as supernumerary officers, with the rank of cadet, who shall receive the monthly pay of forty dollars [77], and be competent for promotion at such time and under such regulations as may be prescribed by the President, or hereafter established by law.

VII. MILITARY STOREKEEPERS.
[See 286.]

May 16, 1861 §5, ch. 20. Number and pay.

45. That the President be authorized to appoint as many military storekeepers, with the pay and allowances of a first lieutenant of infantry [70], as the safe-keeping of the public property may require, not to exceed in all six storekeepers.

Aug. 21, 1861, §2, ch. 34. Military storekeepers of ordnance.

46. That the President be and he is hereby authorized to appoint, in addition to the storekeepers authorized by the fifth section of the act of May sixteen, eighteen hundred and sixty-one, "for the establishment and organization of the Army of the Confederate States," as many military storekeepers of ordnance, with the pay and allowances of a captain of infantry [70], as the safe-keeping of the public property may require, not to exceed in all four storekeepers, who shall, previous to entering on duty, give bonds, with
* See "Salaries," in Appendix. For other clerks, see 555 and 557.

Page 24

good and sufficient security, in such sums as the Secretary of War may direct, fully to account for all moneys and public property which they may receive.

VIII. ARMORIES.
[For enlistment of Master Armorers, etc., etc., for ordnance
service, see 76.]

Aug. 21, 1863 §3, ch. 34. Superintendents.

Master armorers.

47. That the President be and he is hereby authorized, whenever in his judgment the interests of the service may require, and where officers of the army can not be assigned to these duties, to appoint one or more superintendents of armories for the fabrication of small-arms [388 et seq.], whose salary shall not exceed two thousand five hundred dollars per annum, with allowance for quarters and fuel at the rate fixed for a major in the army. And that the President be also authorized to appoint two or more master armorers, with a salary not to exceed fifteen hundred dollars [48] per annum, with allowance of quarters and fuel at the rate fixed for a captain in the army.

April 19, 1862, ch. 55. President may increase salaries of master armorers

48. That section third of an act entitled "An act to increase the corps of artillery and for other purposes," approved August 21, 1861 [47], be so amended as to authorize the President to increase the salaries of master armorers, or any of them, to a sum not exceeding two thousand dollars per annum.

Jan. 30, 1864 ch. 19. Salary of master armorer at Richmond increased.

49. That the master armorer of the Confederate States Armory at Richmond, Virginia, shall hereafter receive a salary of three thousand dollars per annum, from the time of the passage of this act, with allowances for quarters and fuel of a captain of infantry.

IX. ENGINEERS.
[See Engineers Prov. Army, 254.]

March 6,1861, §2, ch. 29. Corps organized.

50. The corps of engineers shall consist of one colonel, four majors, five captains, and one company of sappers, miners, and pontoniers, which shall consist of ten sergeants or master-workmen, ten corporals or overseers, two musicians, and thirty-nine privates of the first-class or artificers, and thirty-nine privates of

Page 25

the second-class or laborers, making in all one hundred.

Ibid, §3. Officers of sappers, miners, and pontoniers.

51. The said company shall be officered by one captain of the corps of engineers, and as many lieutenants, to be selected by the President from the line of the army, as he may deem necessary for the service, and shall be instructed in and perform all the duties of sappers, miners, and pontoniers, and shall, moreover, under the orders of the Chief Engineer, be liable to serve, by detachments, in overseeing and aiding laborers upon fortifications or other works under the Engineer department, and in supervising finished fortifications, as fort-keepers, preventing injury, and making repairs.

Ibid, §4. Duty of colonel of engineer corps.

52. It shall be the duty of the colonel of the engineer corps [55], subject to the approval of the Secretary of War, to prescribe the number, quantity, form, dimensions, etc., of the necessary vehicles, arms, pontons, tools, implements, and other supplies for the service of the said company as a body of sappers, miners, and pontoniers.

May 16, 1861 §3, ch. 20. Corps increased.

53. That the President be authorized whenever, in his judgment, the public service may require the increase, to add to the corps of engineers one lieutenant-colonel, who shall receive the pay and allowances of a lieutenant-colonel of cavalry, and as many captains, not exceeding five, as may be necessary.

May 17, 1861 §1, ch. 28. Company of sappers and bombardiers

54. That there be added to the military establishment of the Confederate States one company of sappers and bombardiers, to consist of one captain, two first lieutenants, one second lieutenant, ten sergeants or master-workmen, ten corporals or overseers, two musicians, thirty-nine privates of the first-class, and thirty-nine privates of the second-class, who shall be instructed in and perform all the duties of sappers and bombardiers, and shall, moreover, under the orders of the Chief Engineer, be liable to serve, by detachments, in overseeing and aiding laborers upon fortifications or other works under the Engineer department, and in supervising finished fortifications, as fort-keepers, preventing injury, and making repairs.

Page 26

Ibid, §2. Vehicles, arms, pontons, tools, etc.

55. That it shall be the duty of the colonel of the engineer corps [52], subject to the approval of the Secretary of War, to prescribe the number, quantity, form, dimensions, etc., of the necessary vehicles, arms, pontons, tools, implements, and other supplies for the service of said company as a body of sappers and bombardiers.

Ibid, §3. Pay of sappers and bombardiers

Allowances, rations, and forage.

56. That the monthly pay of the captain of said company shall be one hundred and forty dollars; of each first lieutenant, one hundred dollars; of the second lieutenant, ninety dollars; of the sergeants, thirty-four dollars; of the corporals, twenty dollars; of the musicians, thirteen dollars; of the first-class privates, seventeen dollars, and of the second-class privates, thirteen dollars. And the said commissioned officers shall be entitled to the same allowances as all other commissioned officers of the army, and the same right to draw forage for horses as is accorded to officers of like rank in the engineer corps; and the enlisted men shall receive the same rations and allowances as are granted to all other enlisted men in the army.

Aug. 29, 1861 ch. 46. Clerical force for the bureau of engineers.

57. FOR THE BUREAU OF ENGINEERS--One clerk at^* twelve hundred dollars, one clerk, at one thousand dollars, one draughtsman at twelve hundred dollars; for whose payment, from the eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is hereby appropriated the sum of seventeen hundred dollars.

X. ARTILLERY.
[See XXI Prov. Army, 280 et seq.]

March 6, 1861, §5, ch. 29. Corps organized.

58. The corps of artillery, which shall also be charged with ordnance duties, shall consist of one colonel, one lieutenant-colonel, ten majors, and forty companies of artillerists and artificers; and each company shall consist of one captain, two first lieutenants, one second lieutenant, four sergeants, four corporals, two musicians and seventy privates. There shall also be one adjutant, to be selected by the colonel from the
* See "Salaries" in Appendix. For other clerks, see 555, 557.

Page 27

first lieutenants, and one sergeant-major, to be selected from the enlisted men of the corps. The President may equip as light batteries, of six pieces each, such of these companies as he may deem expedient, not exceeding four in time of peace.

Aug, 21, 1861 §1, ch. 34. Officers increased.

59. That there be added to the corps of artillery, Confederate States army, one lieutenant-colonel and two majors, with the pay and allowances authorized by existing laws for those grades respectively.

May 16, 1861 §6, ch. 20. Quartermaster-sergeants and ordnance-sergeants.

60. That there be added to the military establishment one quartermaster-sergeant for each regiment of cavalry and infantry, and one ordnance-sergeant for each military post, each to receive the pay and allowances of a sergeant-major, according to existing laws [75].

April 19, 1862, ch. 43. Number of ordnance-sergeants increased.

61. That the number of ordnance-sergeants authorized by section six of [60] "An act to increase the military establishment of the Confederate States," etc., approved May 16, 1861, be so increased as to provide one for each regiment of the troops now or hereafter received in the service.

XI. CAVALRY.^*

March 6, 1861, §7, ch. 29. Regiment organized.

62. The regiment of cavalry shall consist of one colonel, one lieutenant-colonel, one major, and ten companies, each of which shall consist of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, one farrier, one blacksmith, two musicians, and sixty privates. There shall also be one adjutant and one sergeant-major, to be selected as aforesaid.

May 16, 1861 §1, ch. 20. Cavalry increased. Additional infantry.

63. That the President shall be authorized to raise and organize, in addition to the present military establishment, one regiment of cavalry and two regiments of infantry, whenever in his judgment the public service may require such an increase, to be organized in accordance with existing laws for the organization of cavalry and infantry regiments, and to be
* For quartermaster-sergeants, see 60. For allowance for use of horses, and compensation for horses killed in action, see 95.

Page 28

entitled to the same pay and allowances provided for the same respectively.

XII. INFANTRY.^*

March 6, 1861, §3, ch. 29. Regiments organized.

64. Each regiment of infantry shall consist of one colonel, one lieutenant-colonel, one major, and ten companies; each company shall consist of one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, two musicians, and ninety privates; and to each regiment there shall be attached one adjutant, to be selected from the lieutenants, and one sergeant-major, to be selected from the enlisted men of the regiment.

Aug. 22, 1861 §5, ch. 34. Company sergeants increased.

65. That hereafter there shall be allowed one additional sergeant to each company in the service of the Confederate States, making, in all, five sergeants per company, who shall receive the same pay and allowances as are provided by existing laws for that grade [75].

Feb. 17, 1864 ch. 76. Ensign.

66. That there shall be appointed by the President, to each regiment of infantry in the Army of the Confederate States, an officer to be known as "Ensign," with the rank, pay, and allowances of a first lieutenant [70], whose duty it shall be to bear the colors of the regiment, but without right to command in the field.

XIII. PAY.^**

March 6,1861, §13, ch. 29. Brigadier-general. Aide-de-camp.

67. The pay of a brigadier-general shall be three hundred and one dollars per month. The aide-de-camp of a brigadier-general, in addition to his pay as lieutenant, shall receive thirty-five dollars per month.

Ibid, §14. Officers of corps of engineers.

68. The monthly pay of the officers of the corps of engineers shall be as follows: of the colonel, two hundred
* For two additional regiments, see 63.

**

For pay of officers of sappers and bombardiers, see 56.

For additional pay to subalterns of the line acting as assistant quartermasters, see 30.

For additional pay to subalterns of the line acting as assistant commissaries, see 38.

For pay of armorers, etc., see 47 et seq.

For pay and allowances due deceased soldiers, see 338 et seq.

For pay of Zouaves, see 83. Of engineers and engineer troops, 265 et seq.

Page 29

and ten dollars; of a major, one hundred and sixty-two dollars; of a captain, one hundred and forty dollars; lieutenants serving with the company of sappers and miners shall receive the pay of cavalry officers of the same grade [71, 265, 276].

Ibid, §15. Officers of artillery.

69. The monthly pay of the colonel of the corps of artillery shall be two hundred and ten dollars; of a lieutenant-colonel, one hundred and eighty-five dollars; of a major, one hundred and fifty dollars, and when serving on ordnance duty, one hundred and sixty-two dollars; of a captain, one hundred and thirty dollars; of a first lieutenant, ninety dollars; of a second lieutenant, eighty dollars; and the adjutant shall receive, in addition to his pay as lieutenant, ten dollars per month. Officers of artillery serving in the light artillery, or performing ordnance duty, shall receive the same pay as officers of cavalry of the same grade.

Ibid, §16. Officers of infantry.

70. The monthly pay of the officers of the infantry shall be as follows: of a colonel, one hundred and ninety-five dollars; of a lieutenant-colonel, one hundred and seventy dollars; of a major, one hundred and fifty dollars; of a captain, one hundred and thirty dollars; of a first lieutenant, ninety dollars; of a second lieutenant, eighty dollars; the adjutant, in addition to his pay as lieutenant, ten dollars.

Ibid, §17. Officers of cavalry.

71. The monthly pay of the officers of the cavalry shall be as follows: of a colonel, two hundred and ten dollars; of a lieutenant-colonel, one hundred and eighty-five dollars; a major, one hundred and sixty-two dollars; a captain, one hundred and. forty dollars; a first lieutenant, one hundred dollars; a second lieutenant, ninety dollars; the adjutant, ten dollars per month, in addition to his pay as lieutenant.

Ibid, §18. General staff

Surgeon-general.

Surgeons.

Assistant surgeons.

72. The pay of the officers of the general staff, except, those of the medical department, shall be the same as that of officers of cavalry of the same grade. The Surgeon-General shall receive all annual salary of three thousand dollars, which shall be in full of all pay and allowances, except fuel and quarters. The monthly pay of a surgeon of ten years' service in that

Page 30

grade, shall be two hundred dollars; a surgeon of less than ten years' service in that grade, one hundred and sixty-two dollars; an assistant surgeon of ten years' service in that grade, one hundred and fifty dollars; an assistant surgeon of five years' service in that grade, one hundred and thirty dollars; and an assistant surgeon of less than five years' service, one hundred and ten dollars.

Ibid, §19. Additional pay.

73. There shall be allowed, in addition to the pay hereinbefore provided, to every commissioned officer, except the Surgeon-General, nine dollars per month for every five years' service; and to the officers of the Army of the United States, who have resigned or may resign to be received into the service of the Confederate States, this additional pay shall be allowed from the date of their entrance into the former service. There shall also be an additional monthly allowance to every general officer commanding in chief a separate army actually in the field, of one hundred dollars.

Ibid, §20. Forage, fuel, etc.

Commutation.

Mileage.

74. The pay of officers, as hereinbefore established, shall be in full of all allowances, except forage, fuel, quarters, and travelling expenses while travelling under orders. The allowance of forage, fuel, and quarters shall be fixed by regulations, and shall be furnished in kind, except when officers are serving at stations without troops where public quarters can not be had, in which case they may be allowed, in lieu of forage, eight dollars per month for each horse to which they may be entitled, provided they are actually kept in service and mustered, and quarters may be commuted at a rate to be fixed by the Secretary of War, and fuel at the market price, delivered. An officer when travelling under orders shall be allowed mileage at the rate of ten cents per mile.

Ibid, §22. Enlisted men.

75. The monthly pay of the enlisted men of the Army of the Confederate States shall be as follows: That of a sergeant or master-workman of the engineer corps, thirty-four dollars; that of a corporal or overseer, twenty dollars; privates of the first-class or artificers, seventeen dollars; and privates of the second-class

Page 31

or laborers, and musicians, thirteen dollars. The sergeant-major of cavalry, twenty-one dollars; first sergeants, twenty dollars; sergeants, seventeen dollars; corporals, farriers, and blacksmiths, thirteen dollars; musicians, thirteen dollars; and privates, twelve dollars. Sergeants-major of artillery and infantry, twenty-one dollars; first sergeants, twenty dollars each; sergeants, seventeen dollars; corporals and artificers, thirteen, dollars; musicians, twelve dollars; and privates eleven dollars each. The non-commissioned officers, artificers, musicians, and privates serving in light batteries shall receive the same pay as those of cavalry.

Ibid, §23. Armorers, carriage-makers, etc., for ordnance service.

76. The President shall be authorized to enlist as many master armorers, master carriage-makers, master blacksmiths, armorers, carriage-makers, blacksmiths, artificers, and laborers, for ordnance service, as he may deem necessary, not exceeding in all one hundred men, who shall be attached to the corps of artillery. The pay of a master armorer, master carriage-maker, master blacksmith, shall be thirty-four dollars per month; armorers, carriage-makers, and blacksmiths, twenty dollars per month; artificers, seventeen dollars, and laborers, thirteen dollars per month.

Oct. 13, 1862 ch. 54. Cadets.

77. That the pay of cadets in the service of the Confederate States shall be the same as second lieutenants of the arm of service to which they are attached [44].

XIV. BOUNTY.
[See Bounty, etc., Prov. Army, 125 et seq.; also Privateers and
Prizes, 666, 670.]

May 16, 1861 §10, ch. 20. Of ten dollars.

78. There shall be allowed and paid to every able-bodied man who shall be duly enlisted to serve in the Army of the Confederate States, a bounty of ten dollars; but the payment of five dollars of the said bounty shall be deferred until the recruit shall have been mustered into the regiment in which he is to serve.

Page 32

XV. RATIONS. ^*
[For Hospital Rations, see "Hospitals," 416 et seq.]

March 6, 1861. §24, ch. 29. One ration per day. Clothing.

79. Each enlisted man of the Army of the Confederate States shall receive one ration per day, and a yearly allowance of clothing, the quantity and kind of each to be established by regulations from the War department, to be approved by the President.

Ibid, 25. In kind. Commutation.

80. Rations shall generally be issued in kind; but under circumstances rendering a commutation necessary, the commutation value of the ration shall be fixed by regulations of the War department, to be approved by the President.

XVI. FORAGE.^**

March 6, 1861. §21, ch. 29. In time of war.

In time of peace.

Officers not to employ enlisted men as servants.

81. In time of war, officers of the army shall be entitled to draw forage for horses according to grade, as follows: A brigadier-general, four; the adjutant and inspector-general, quartermaster-general, commissary-general, and the colonels of engineers, artillery, infantry, and cavalry, three each; all lieutenant-colonels and majors, and captains of the general staff, engineer corps, light artillery and cavalry, three each; lieutenants serving in the corps of engineers, lieutenants of light artillery and of cavalry, two each. In time of peace: general and field-officers, three; officers below the rank of field-officers in the general staff, corps of engineers, light artillery and cavalry, two: Provided, in all cases, that the horses are actually kept in service and mustered. No enlisted man in the service of the Confederate States shall be employed as a servant by any officer of the army.

May 21, 1861 §3, ch. 38. To aides-de-camp and adjutants.

82. That the twenty-first section [81] of the act for the organization of the Army of the Confederate States be so amended as to allow to aides-de-camp and to adjutants forage for the same number of horses
* Officers of army and navy entitled to draw one ration. See 238.
Officers not allowed to purchase more than one ration a day. See 239.
For allowance of tobacco ration, see 241.

** Chaplains entitled to draw forage, 253.
Officers not on service in the field, under rank of brigadier-general, to draw
forage for only one horse. See 240.

Page 33

as allowed to officers of the same grade in the mounted service.

XVII. ZOUAVES.

May 4, 1861 ch. 2. Regiment organized.

Pay.

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.

II.--PROVISIONAL ARMY.

I. FORCES IN SERVICE OF THE SEVERAL STATES; HOW RECEIVED.

84. For not less than twelve months, unless sooner discharged.
85. By companies, battalions, or regiments.
86. Pay and allowances.
87. Troops tendered by the governors of states.

II. MILITIA AND MILITARY FORCES OF THE CONFEDERATE STATES, AND 100,000 VOLUNTEERS FOR TWELVE MONTHS.

88. President authorized to employ the militia, military, and naval
forces of the Confederate States.
Page 34
89. Militia to serve for six months.
90. Term of militia service not to apply to men furnished by the states
for three years or the war.
91. Volunteers; how accepted.
92. Organization. Appointment of commanding officers of brigades
and divisions.
93. Organization amended. Lieutenant-generals.
94. Organization further amended.
95. Pay and allowances. Horses killed in action.
96. Battalion officers. Additional second lieutenant to each company.
Number of privates to a company.
97. Two field-officers for each battalion of six companies.
98. Assistant adjutants-general.

III. VOLUNTEERS FOR THE WAR.

99. President authorized to receive additional volunteers.
100. How accepted. Officers.
101. Vacancies.
102. Forces; how organized.
103. Subaltern of the line assigned as adjutant.
104. Volunteers accepted singly.
105. Officers; how appointed and chosen.
106. Vacancies in the ranks may be filled by volunteers. Recruiting.
Transportation, subsistence, and bounty.
107. Officers appointed to raise troops. Muster, pay, etc., of troops.
108. Commissions of officers whose commands are fully organized.
109. Volunteers from states and districts in occupation of the enemy.
110. Appointment of major and brigadier-generals and other officers.

IV. VOLUNTEERS FOR SUCH TIME AS THE PRESIDENT MAY PRESCRIBE.

111. Preamble. Reception of troops.
112. How organized. Allowances. Service. Enlistment from states
not of the Confederacy.
113. Commissions of officers. Supernumerary officer to each company.

V. 400,000 VOLUNTEERS FOR NOT LESS THAN TWELVE MONTHS, NOR MORE
THAN THREE YEARS.

114. Militia, military, and naval forces of the Confederate States to be
employed. 400,000 volunteers for not less than twelve months,
nor more than three years.
115. How organized. Pay and allowances.
116. Act; how construed.
117. Companies with less than the minimum number of men.

VI. REQUISITION UPON THE STATES FOR TROOPS.

118. Troops for three years or the war.
110. How proportioned among the states.

VII. BOUNTY; FURLOUGHS; ELECTION OF COMPANY OFFICERS, AND OTHER PRIVILEGES.

120. Bounty for those serving three years or for the war.
121. Furloughs and transportation. Commutation.
122. Troops entitled to the benefit of the act.
123. Reorganization of companies. Election of officers. Vacancies.
State troops in Confederate States service.
124. Provisions of Bounty act extended.
125. Date of rank of certain officers.
126. Bounty; when payable.
127. Bounty due deceased and discharged soldiers.
128. Bounty of one hundred dollars.

Page 35

VIII. RECRUITING.

129. For three years or the war.
130. Detail of officers.
131. Companies in service for twelve months. Election of officers. Promotion.
132. Detail of officers. Bounty, etc.
133. Regiments, etc., reorganized.
134. Companies organized by re-enlisted twelve months' volunteers.
135. When companies may be united.
136. Rules.
137. Officers to raise volunteers from Kentucky, Missouri, Maryland, or Delaware.
138. Recruiting stations for volunteers from Kentucky, Missouri, Maryland,
and Delaware.
139. Officers to raise and command companies of such volunteers.
140. Organization of companies.
141. Compensation to recruits.
142. Maryland Line.

IX. CONSCRIPTION.

143. Preamble. All white men between eighteen and thirty-five years
of age. Continuance in service of those now in the army. Reorganization
of companies, etc. Furloughs. Commutation.
All under eighteen and over thirty-five, now enrolled.
144. All white men between the ages of thirty-five and forty-five. Who
to be first called out. Disposition of those called into service.
Suspension of this act and that of April 16, 1862, in certain
localities.
145. Enrolment of conscripts wherever found. State military organizations.
Suspension of this act in certain localities.
146. Companies, etc., in process of organization.
147. Officers to make enrolment.
148. Assignment of persons enrolled.
149. Seamen, transfer of.
150. Idem.
151. Reserves. When subject to the Rules and Articles of War. Reserves,
when to be called into the service; organization; election
of officers.
152. Bounty.
153. Private arms to be paid for.
154. Substitutes.
155. Substitute system abolished.
156. Principals liable to service.
157. Vacancies; how filled.
158. Idem.
159. Election of officers of regiments composed of twelve months and
war companies combined.
160. Rank and file to each company.
161. Privilege of volunteering.
162. Regiments or battalions organized prior to October 1, 1862.
163. Regiments or battalions organized of conscripts in states west of
the Mississippi river.
164. To elect their officers.
165. Infantry raised prior to December 1, 1862, in Middle and West
Tennessee.
166. Of all white men between seventeen and fifty.
167. Present organization to be preserved.
168. Persons heretofore discharged. Persons who have furnished substitutes.
169. Time and places of enrolment.
170. Voluntary organizations. Rendezvous.
171. Failure to attend at rendezvous.
172. Employees of Quartermaster and Commissary departments, etc.
173. Penalty for violating provisions of foregoing section.
Page 36
174. Details.
175. Local boards of surgeons.

X. CAMPS OF INSTRUCTION.

176. Established.

XI. EMPLOYMENT OF NEGROES.

177. Male free negroes. Rations, clothing, and compensation. Exemptions.
178. Male negro slaves. Rations, clothing, and wages. In case of loss of slave.
179. When male slaves may be impressed.

XII. EXEMPTION.

180. What persons are exempted.
181. Officers of the Confederate and State governments. State troops.
Railroad, telegraph, and boat employees. Printers and publishers
of newspapers. Ministers of religion and others. Physicians.
Mechanics. Proviso. Superintendents of hospitals
and others. Apothecaries. Teachers. Employees for the
manufacture of arms, etc. Proviso. Shipbuilders. Miners
of salt, iron, and lead. Stock-raisers. Owners or overseers
on plantations of twenty negroes. Duration of exemptions.
182. Repeal of Exemption act of April 21, 1862.
183. Repeal of so much of the act of October 11, 1862, as relates to the
exemption of persons on plantations.
184. For the police and management of slaves.
185. For the production of grain and provisions.
186. State officers exempted by the governor.
187. Mail contractors.
188. Drivers of mail-coaches, etc.
189. Repeal of former laws. Who exempt from service. Persons unfit
for service. Certain Confederate and State officers. Ministers
of religion, editors, etc., etc. Overseers, etc. Exemption or
details for production of grain or provisions. Officers and employees
of certain railroad companies. Mail contractors.

XIII. RENDEZVOUS.

190. For examination of persons enrolled.
191. Board of examination.
192. Absence of enrolled persons on account of sickness.

XIV. LOCAL DEFENCE AND SPECIAL SERVICE.

193. Defence of exposed localities.
194. Muster-roll to set forth the services. Pay.
195. How organized. Field-officers.
196. Companies composed of persons not liable to military duty. Muster-roll.
Persons of any age in certain states may form part
of such companies. Oath of allegiance.
197. Armed vessels for seaboard and general defence.
198. Corps for service on the western waters.
199. Floating defences for Mississippi river.
200. Appropriation for defence of Bay of Mobile.
201. Corps for defence of Bay of Mobile and Alabama river.

XV. QUARTERMASTER, COMMISSARY, AND MEDICAL DEPARTMENTS.

202. Appointment of additional officers for service with militia or
volunteers.
203. Additional quartermasters and commissaries for permanent posts
and depots.
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204. Persons liable to military service not to be appointed as clerks.
Details for service.
205. Date of rank and pay.
206. Settlement of claims.
207. Surgeons for hospitals.
208. Office of regimental commissary abolished.
209. Commissary-sergeants.
210. Supplies; how drawn by regimental quartermasters acting as commissaries.
211. Sales; how to be made.
212. Quartermasters and commissaries permanently detached.
213. Orders to be issued by Secretary of War.
214. Repeal of conflicting laws.
215. Public moneys not to be invested in property on private account,
nor loaned.
216. Officers not to traffic nor speculate in articles of food, clothing,
materials of war, etc.
217. Receipts in blank prohibited. What receipts shall state.
218. Transportation of private property.
219. Penalty on conviction before a court-martial or military court.
220. Indictment, fine, and imprisonment. Civil remedy. Peace officers
to have power of commitment. Charge to grand juries.

XVI. SUPPLIES, CLOTHING, AND PROVISIONS.

221. Volunteers to furnish their own clothing.
222. Money in lieu of clothing.
223. Twenty-one dollars in lieu of six months' clothing. Price of clothing
received, to be deducted.
224. Clothing to be furnished to the entire forces of the Confederate
States. Clothing furnished by the states to be paid for.
225. Clothing; when furnished by the troops.
226. Law providing commutation for clothing. Repealed. Clothing
in kind.
227. Importation of machinery and materials for manufacture of clothing or shoes.
228. Machinery may be worked, or leased, or sold.
229. Privileges extended to companies or individuals.
230. Color and quality of clothing.
231. Detail of persons for manufacture of shoes.
232. Pay.
233. Militia; commutation for clothing.
234. Claims for commutation; how settled.
235. Purchase of steamer, and supplies of leather, shoes, etc.
236. Bread in lieu of flour. Fresh vegetables.
237. Private contributions.
238. Rations to officers.
239. Purchase of clothing and cloth.
240. Limitation as to forage.
241. Rations of tobacco for enlisted men.

XVII. TRANSPORTATION.

242. Mileage in lieu of travelling pay, subsistence, forage, and undrawn
clothing. Proviso.
243. For persons to whom furloughs have been allowed.

XVIII. COOKS AND NURSES.

244. Employment of.
245. Appropriation.
246. Cooks for the use of companies; their duties.
247. Cooks may be white or black, free or slave. Pay.

XIX. CHAPLAINS.

248. Appointment of.
249. Pay.
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250. Pay reduced.
251. Rations.
252. Pay and rations.
253. Forage allowed.

XX. ENGINEERS AND ENGINEER TROOPS.

254. Appointment, rank, pay, and emoluments of officers of engineers.
255. Additional officers.
256. Number of officers in each grade limited.
257. Additional officers.
258. One company of engineer troops for each division of infantry.
259. Of what to consist.
260. Commissioned officers. Original vacancies; how filled.
261. Organization into regiments. Field and staff officers. Original
vacancies; how filled.
262. Pontoniers.
263. Wagons, pontons, tools, arms, etc.
264. Vacancies in established regiments; how filled.
265. Pay of officers.
266. Pay of enlisted men.
267. Mounted troops.
268. Quartermaster's sergeants.
269. One company of troops from every twelve regiments of infantry.
270. Of what to consist.
271. Commissioned officers. Original vacancies.
272. Organization into regiments.
273. Pontoniers.
274. Wagons, pontons, arms, etc.
275. Vacancies in established regiments.
276. Pay of officers.
277. Of enlisted men.
278. Mounted troops.
279. Transfer of troops.

XXI. ARTILLERY.

280. Light artillery.
281. Heavy artillery.
282. All companies of light and heavy artillery.
283. Officers of artillery.
284. Officers increased. Ordnance duties.
285. Officers further increased for ordnance duties.

XXII. MILITARY STOREKEEPERS OF ORDNANCE.

286. Appointment, number, and pay.
287. First-class to give bonds. Eligibility.
288. Number increased.

XXIII. PARTISAN RANGERS.

289. Officers to form bands of partisan rangers.
290. Pay, rations, etc., of partisan rangers.
291. Arms and munitions of war captured.
292. Former act repealed. Cavalry.
293. Merged into army organization.
294. Certain companies excepted.

XXIV. SHARP-SHOOTERS.

295. Battalion for each brigade. How armed and organized. Officers.
296. Arms; whence obtained.

XXV. PIKEMEN.

297. Organization.
298. To serve as infantry. Vacancies in the companies armed with firearms.
299. Copies of this act to be furnished to every general.

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XXVI. SIGNAL CORPS.

300. Corps organized.
301. Corps increased.

XXVII. DRILL-MASTERS.

302. Preamble. Honorable discharge.
303. For camps of instruction and reserve forces.

XXVIII. BUGLERS AND MUSICIANS.

304. Appointment of.
305. Pay of colored musicians.

XXIX. DISQUALIFIED, DISABLED, AND INCOMPETENT OFFICERS.

306. Examining board. Duties.
307. Decisions of the board and report of its proceedings.
308. Secretary of War's approval. President's authority.
309. Monthly reports of the conduct of commissioned officers.
310. Vacancies; how filled, where officers are dropped or honorably retired.

XXX. INVALID CORPS.

311. Retirement or discharge of persons disabled. by service.
312. Examination before medical board.
313. Periodical examination.
314. Assignment to suitable duty.
315. Rules.
316. Vacancies.
317. Act to be enforced.

XXXI. RETIREMENT OF OFFICERS.

318. When incompetent or without commands.

XXXII. DRUNKENNESS.

319. Penalty for.
320. Report of cases. Trial.
321. Findings of courts.
322. Jurisdiction conferred on military courts and general courts-martial.
323. Any citizen may report violations of the act.
324. Intemperate habits. Penalty.

XXXIII. ABSENCE WITHOUT LEAVE.

325. Soldiers absent without leave not to receive pay.
326. Length of absence to be stated on pay and muster-rolls, and pay
for such time to be deducted.
327. Officers to certify on honor as to absence. Certificate of commanding
officers of companies.
238. As to other penalties.

XXXIV. PUNISHMENT BY WHIPPING PROHIBITED.

329. Soldiers not to be punished by whipping.
330. Article of War "twenty " amended.

XXXV. DETAILED SOLDIERS AND TRANSFER OF TROOPS.

331. Pay as clerks increased to one dollar per day.
332. Pay increased to three dollars per day in lieu of rations and allowances.
Page 40
333. Duration of the act.
334. Extended.
335. Increase of pay.
336. Transfer of troops to regiments from their own states.
337. Transportation.

XXXVI. PAY AND ALLOWANCES DUE DECEASED SOLDIERS.

338. To whom payment shall be made.
330. Mode of payment.
340. When payment may be made without producing pay-roll.
341. Claims of deceased commissioned officers.
342. Clerks to assist in settling claims.
343. Clerks to be employed for twelve months.
344. Employment continued until otherwise provided by Congress.
345. State agents.

XXXVII. MILITARY COURTS.

346. One to each army corps. To consist of three members. Judge
Advocate.
347. Provost marshal and clerk. Oath of members and officers of the
court.
348. Rules of court.
349. Jurisdiction of each court.
350. Courts shall attend the army. Decisions and sentences.
351. Appointments during recess of Senate.
352. Additional military court in each department.
353. One in North Alabama.
354. Additional courts for divisions of cavalry, and for each state.
355. When two or more army corps are united. Jurisdiction.
356. Assignment and transfer of members and officers.
357. Jurisdiction extended.
358. Transfer of judges.
359. Act; when to take effect.
360. Field-officers may be detailed as members.
361. Summons of witnesses. Penalty for disobeying summons.
362. Pay for attendance on court.

XXXVIII. INDIAN TROOPS.

363. Payment for services. Allowance in lieu of clothing; to whom
paid.
364. Accounts of acting commissaries and quartermasters of said
troops; how to be settled.
365. Articles furnished by Jones and Thebo and R. M. Jones.

XXXIX. VIRGINIA MILITIA.

366. Compensation allowed officers for period of actual service.
367. Certificates of service required.
368. Pay of staff officers.
369. No payments to be made in certain cases.

XL. MISCELLANEOUS.

370. Twenty general officers.
371. General for trans-Mississippi department.
372. Additional lieutenant-generals.
373. Rank; how long to continue.
374. Adjutants of regiments and legions of the grade of subaltern.
375. Adjutants for battalions of the grade of subaltern.
376. Minors may be commissioned.
377. Officers or soldiers elected to certain civil offices.
378. Loss of muster-rolls. Proof of service.
379. Oath to enable sick and other soldiers to receive pay.
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380. Army intelligence-office.
381. Medals and badges.
382. Promotion for peculiar value or skill.
383. Repeal of conflicting laws.
384. Cavalry equipments.
385. Horses of, purchased by order of Colonel Angus W. McDonald.
386. Procuring or enticing soldiers to desert. Purchase of arms,
clothing, etc., from soldiers.
387. Officers or privates to be paid for performance of staff duty.

I. FORCES IN SERVICE 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

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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.

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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.

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Ibid, §4. Reorg

A Digest of the Military and Naval Laws of the Confederate States, From the Commencement of the Provisional Congress to the End of the First Congress Under the Permanent Constitution: Electronic Edition.