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The Statutes at Large of the Confederate States of America, Commencing with the First Session of the First Congress; 1862. Public Laws of the Confederate States of America, Passed at the First Session of the First Congress; 1862. Private Laws of the Confederate States of America, Passed at the First Session of the First Congress; 1862:
Electronic Edition.

Confederate States of America

Edited by James M. Matthews.

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

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First edition, 1999
ca. 300K
Academic Affairs Library, UNC-Chapel Hill
University of North Carolina at Chapel Hill,
1999.

        © This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.


Call number 20 Conf. (Rare Book Collection, UNC-Chapel Hill)

Source Description:
The statutes at large of the Confederate States of America commencing with the first session of the first Congress, 1862.
Public Laws of the Confederate States of America, Passed at the First Session of the First Congress; 1862.
Private Laws of the Confederate States of America, Passed at the First Session of the First Congress; 1862.
Confederate States of America Richmond:
R. M. Smith, Printer to Congress,
1862


        The electronic edition is a part of the UNC-Chapel Hill digitization project, Documenting the American South.
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Library of Congress Subject Headings

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PUBLIC LAWS
OF THE
CONFEDERATE STATES OF AMERICA,
PASSED AT THE FIRST SESSION
OF THE
FIRST CONGRESS;
1862. Carefully collated with the Originals at Richmond.

EDITED BY

JAMES M. MATTHEWS,
ATTORNEY AT LAW,
AND LAW CLERK IN THE DEPARTMENT OF JUSTICE.

TO BE CONTINUED ANNUALLY.

RICHMOND:
R. M. SMITH, PRINTER TO CONGRESS.
1862.

Page ii

ADVERTISEMENT.

CONFEDERATE STATES OF AMERICA,
Department of Justice,
Richmond, June 1, 1862.

        By an Act of the Provisional Congress, approved on the 5th day of August, 1861, section third, it was made, inter alia, "the duty of the Attorney General, at the close of each session of Congress, to cause all the laws and resolutions having the force of laws, and all treaties entered into by the Confederate States, to be published under the supervision of the Superintendent of Public Printing." This section was amended by a further act, approved on the 17th day of February, 1862, which provides, "That the third section of said act be so amended as to authorise the Attorney General to cause three thousand copies of the Provisional and Permanent Constitution, and of all the acts and resolutions and treaties of the Provisional Government of the Confederate States which are not secret, to be published in one volume, at the close of the present session of Congress, arranged, and with marginal notes, and indexed, as provided in said act." The effect of this amendment, it will be observed, is to repeal the third section of the first mentioned act, so far as it applies to the legislation of the Provisional Congress, and restrict its application to the laws and resolutions passed by Congress under the Permanent Constitution, and to treaties entered into by the Confederate States under that Constitution.

        For sometime after the passage of the act of the 5th day of August last, it was impossible to comply with its requirements because of the fact that the requisite paper--"paper equal in quality to the edition of the laws of the United States, as annually published by Little & Brown,"--could not be procured; and it was not till very recently that the Superintendent of Public Printing succeeded in obtaining it. For this reason the laws and resolutions have been published, heretofore, under special resolutions of Congress, for temporary convenience, on paper of inferior quality, and without regard to the provisions of the act. This is the first publication that has been made in conformity with its provisions.

        The following laws and resolutions have been carefully compared with the original Rolls on file in this Department, and all typographical errors other than those noted in the table of errata, corrected. Where anything essential to complete the sense is omitted in the Rolls it is inserted in the text, included in brackets.

JAMES M. MATTHEWS,
Law Clerk.

Page iii

LIST
OF THE
PUBLIC ACTS AND RESOLUTIONS
OF CONGRESS.

Acts of the first Congress of the Confederate States.

STATUTE I.--1862.

PUBLIC RESOLUTIONS.

Page vi

ERRATA.

        Page. 29, Ch. 28, Sect. 1, Line. 2, After the word "Secretary," read "of the Treasury."

        Page. 33, Ch. 34, Sect. 2, Line. 2, For "or" read "of."

Page 1

PUBLIC ACTS OF THE FIRST CONGRESS
OF THE
CONFEDERATE STATES,

Passed at the first session, which was begun and held at the City of Richmond, in the State of Virginia, on Tuesday, the eighteenth day of February, A. D., 1862, and ended on Monday, the twenty-first day of April, A. D., 1862.

JEFFERSON DAVIS, President. ALEXANDER H. STEPHENS, Vice-President, and President of the Senate. THOMAS S. BOCOCK, Speaker of the House of Representatives.

CHAP. I.--An Act supplementary to An Act entitled "An Act to establish the War Department,"
approved February twenty-first, eighteen hundred and sixty-one.

Feb. 27, 1862.

Army officer, appointed Secretary of War, not to lose his rank.

        The Congress of the Confederate States of America do enact, That if any officer of the army be appointed Secretary of War, and enter upon the duties of that office, he shall not thereby lose his rank in the army, but only the pay and allowance thereof, during the time he is Secretary of War, and receiving the salary of that officer.

APPROVED Feb. 27, 1862.

CHAP. II.--An Act to authorize the suspension of the writ of habeas corpus in certain cases.

Feb. 27,1862.

Suspension of the writ of habeas corpus.

        The Congress of the Confederate States of America do enact, That during the present invasion of the Confederate States, the President shall have power to suspend the privilege of the writ of habeas corpus in such cities, towns and military districts as shall, in his judgment, be in such danger of attack by the enemy as to require the declaration of martial law for their effective defence.

APPROVED Feb. 27, 1862.

CHAP. III.--An Act to increase the Clerical Force of the War Department.

March 14, 1862.

Clerical force increased in the War Department.

Compensation.

        The Congress of the Confederate States of America do enact, That there be added to the number of clerks now authorized by law in the War Department, twenty additional clerks, to be divided among the

Page 2

several Bureaus, in such proportion as the Secretary of War may deem most advantageous, to receive compensation as follows, to wit: Six at the rate of fifteen hundred dollars per annum; six at the rate of twelve hundred dollars per annum, and eight at the rate of one thousand dollars per annum.

APPROVED March 14, 1862.

CHAP. IV.--An Act to amend An Act entitled An Act in relation to Public Printing, approved February
twenty-seventh, eighteen hundred and sixty-one.

March 14, 1862.

Act of 1861, Feb'y 27, amended.

Advertising proposals for carrying the mail, in additional number of papers.

        The Congress of the Confederate States of America do enact, That the eleventh, section of the act of the Provisional Congress, entitled "An Act in relation to public printing," adopted the twenty-seventh day of February, eighteen hundred and sixty-one, be, and the same is hereby, so amended as to authorise the Postmaster-General, when, in his opinion, sufficient notice will not be given of advertisements for carrying the mail, by inserting such advertisements in three newspapers in each State, to advertise such proposals in such additional number of papers as may be necessary to give them full publicity. Provided, that, by so doing, no greater expense be incurred than if said advertisements be inserted in but three newspapers.

APPROVED March 14, 1862.

CHAP. V.--An Act to regulate the destruction of property under military necessity,and to provide
for the indemnity thereof.

March 17, 1862.

Destruction of cotton, tobacco or other property, authorized.

Perpetuation of the testimony of such destruction according to act of 1861, Aug. 30.

Indemnity to owners of Sequestration fund.

        The Congress of the Confederate States of America do enact, That the military authorities of the Confederate Army are hereby authorized and directed to destroy cotton, tobacco, military and naval stores, or other property of any kind whatever, which may aid the enemy in the prosecution of the war, when necessary to prevent the same, or any part thereof, from falling into the hands of the enemy.

        SEC. 2. Be it further enacted, That the owners of property destroyed under the operation of this Act, as well as those persons who shall voluntarily destroy their property to prevent the same from falling into the hands of the enemy, are hereby authorized to perpetuate the testimony of such destruction, in the manner prescribed by an Act of the Provisional Congress, entitled "An Act to perpetuate testimony in cases of slaves abducted or harbored by the enemy, and of other property seized, wasted or destroyed by them," approved thirtieth August, eighteen hundred and sixty-one; and such owners and persons shall be entitled to indemnity out of the proceeds of property sequestered and confiscated under the laws of the Confederate States, in such manner as Congress may hereafter provide.

APPROVED March 17, 1862.

CHAP. VI.--An Act to regulate the compensation of the Officers of the Senate and of the House of
Representatives.

March 24, 1862.

Salary of the Secretary of Senate.

Secretary may appoint an Assistant Secretary and two Clerks.

Their Salaries.

Salaries of Sergeant-at-arms, Doorkeepers and Page of the Senate.

        The Congress of the Confederate States of America do enact, That the Secretary of the Senate shall receive an annual salary of twenty-five hundred dollars, payable monthly. That the Secretary of the

Page 3

Senate be allowed to appoint an assistant Secretary at a salary of two thousand dollars per annum, and two clerks at a salary of fifteen hundred dollars per annum, each, payable monthly. That the Sergeant-at-arms of the Senate, shall receive an annual salary of two thousand dollars; and the Doorkeeper of the Senate shall receive an annual salary of fifteen hundred dollars; and the Assistant Doorkeeper, shall receive an annual salary of twelve hundred dollars, all payable monthly; and the Page of the Senate, shall receive an allowance of two dollars per day, during the session of the Senate.

Salary of Clerk of House of Representatives.

Clerk may appoint three Assistants.--Their Salaries.

Salaries of Doorkeepers and Pages of the House.

        SEC. 2. Be it further enacted, That the Clerk of the House of Representatives shall receive an annual salary of twenty-five hundred dollars, payable monthly. That the Clerk of the House of Representatives be allowed to appoint three assistants, at a salary of fifteen hundred dollars per annum, each, payable monthly. That the Doorkeeper of the House of Representatives receive an annual salary of two thousand dollars, and the assistant Doorkeeper shall receive an annual salary of twelve hundred dollars, payable monthly; and the Pages of the House of Representatives shall receive each, an allowance of two dollars per day, during the session of the House.

APPROVED March 24, 1862.

CHAP. VII.--An Act to establish certain Post Routes therein named.

March 24, 1862.

Certain post routes established; and action of Postmaster General in putting mail service on same, confirmed.

        The Congress of the Confederate States of America do enact, That the following post routes, upon which the service has been placed by the Postmaster General, be, and the same are hereby established, and his action, in putting the mail service upon the same, is hereby confirmed, to wit: A post route from Hernando, by Pleasant Hill, to Olive Branch in the State of Mississippi; also one from Waxahachie, by Alvarado and Buchanan, to Acton, in the State of Texas; also, from Goliad, by Cummengsville, Beeville and San Domingo, to Oakville, in said State of Texas; also, one from Sherman, by Chalybeate Springs, Dickenson, Delaware and Horse Shoe Bend, to Gainsville, all in the State of Texas; also, one from Dresden, by White Rock, Hillsboro and Covington, to Grand View, in said State of Texas.

Establishment of certain other post routes.

        SEC. 2. The following new routes are also hereby established, viz: one from Camden by Buffalo, to Miller's Bluff, in Ouachita county, in the State of Arkansas; also, one from Walnut Hill, in Lafayette county, in the State of Arkansas, by Spring Bank, Bright Star and Courtland, Cass county, Texas, to Havannah of the county and State last aforesaid; also, a post route in the State of Arkansas, from Washington, in Hempstead county, by Ozan Postoffice, Wilton Postoffice, on the Little Missouri river, Caddo Gap or Centreville Postoffice, Caddo Postoffice at Farr's Mill, McConnell's Mill, Goodner's, Hickey's, Waldron Postoffice, to Fort Smith, in Sebastian county; also, the following routes in the State of Georgia, to wit: from Valdosta, by R. P. Hutchinson's to Irwinville; also from Covington, by way of Oak Hill and McDonough to Jonesboro also, a post route from Jonesborough, in the State of Tennessee, to Grassy Creek, in the State of North Carolina, crossing the Iron Mountain where the McDowell and Yancey turnpike road terminates.

APPROVED March 24, 1862.

Page 4

CHAP. VIII.--An Act to provide for the further defence of the Bay of Mobile, and the Alabama
River.

March 24, 1862.

Appropriation for the defence of Mobile Bay and the Alabama river.

        The Congress of the Confederate States of America do enact, That the sum of one million and two hundred thousand dollars is hereby appropriated for the further defence of the Bay of Mobile, and the Alabama river, to be expended, at the discretion of the President, by the Secretary of the Navy; and that the disbursement of said money shall be made in the manner provided by law for appropriations for the Navy.

President may raise a corps for service in said bay and river.

        SEC. 2. Be it further enacted, That the President is hereby authorized to raise a corps for the temporary and special service provided for in the first section of this act in the Bay of Mobile, and the Alabama river, consisting of a number of men not exceeding six thousand, and of such commissioned and non-commissioned officers, and of such rank as the President may deem necessary, who shall severally receive such pay and allowances as he may determine.

APPROVED March 24, 1862.

CHAP. IX.--An Act to provide a staff and clerical force any General who may be assigned
by the President to duty at the seat of Government.

March 25, 1862.

Staff of General assigned to duty at seat of Government.

Clerks.

Pay and allowances.

Offices, fuel, &c., to be provided.

        The Congress of the Confederate States of America do enact, 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 aids-de-camps, 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 aids-de-camp, shall be the same as those of officers of cavalry of like grade; 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.

APPROVED March 25, 1862.

CHAP. X.--An Act to regulate the compensation of Members of Congress.

March 25, 1862.

Compensation and mileage of Senators, Representatives and Delegates in Congress.

When receivable.

Proviso.

        The Congress of the Confederate States of America do enact, That the compensation of each Senator, Representative and Delegate in Congress shall be twenty-seven hundred and sixty dollars for each year, and mileage at the rate of twenty cents per mile for each session, to be paid in manner following, to wit: On the first day of the first session of each Congress, or as soon thereafter as he may be in attendance and apply, each Senator, Representative and Delegate shall receive his mileage and all his compensation, from the beginning of his term, to be computed at the rate of two hundred and thirty dollars per month; and during the session, compensation at the same rate. And on the first day of the second or any subsequent session, he shall receive his mileage aforesaid and all compensation which has accrued during the adjournment at the rate aforesaid; and during said session compensation at the same rate: Provided, no member shall receive

Page 5

mileage for more than two sessions of any Congress, unless more than twenty days shall elapse between the adjournment of one session and the beginning of another.

When President of the Senate pro tempore to receive compensation allowed the Vice-President.

Speaker of the House to receive double the pay allowed Representatives.

        SEC. 2. That the President of the Senate pro tempore, when there shall be no Vice-President, or the Vice-President shall have become the President of the Confederate States, shall receive the compensation allowed by law for the Vice-President; and the Speaker of the House of Representatives shall receive double the compensation above provided for Representatives, payable at the times and in the manner above provided for payment of the compensation of Representatives.

This law applicable to present Congress.

        SEC. 3. That this law shall apply to the present Congress; and each Senator, Representative and Delegate shall be entitled to receive the difference only between their per diem compensation, already received under the law now in force, and the compensation provided by this act.

Deduction for absence without leave.

        SEC. 4. That it shall be the duty of the Committee on Pay and Mileage and the Secretary of the Senate, respectively, to deduct from the monthly payment of members, as herein provided for, the amount of his compensation for each day that such member shall be absent, without leave, from the Senate or House respectively, unless such Senator, Representative or Delegate shall assign as the reason for such absence the sickness of himself or of some member of his family.

APPROVED March 25, 1862.

CHAP. XI.--An Act to regulate the mode of paying the members of the Senate and House of
Representatives, and the disbursement of the contingent fund.

March 26, 1862.

Compensation due to members and officers of two Houses of Congress; how to be certified.

        The Congress of the Confederate States of America do enact, That the compensation which shall be due by law to the members and officers of the Senate and House of Representatives of the Confederate States, shall be certified as follows, to-wit: That, which shall be due to the members and officers of the Senate shall be certified by the President thereof, and that which shall be due to the members and officers of the House shall be certified by the Speaker thereof, and the same shall be passed as public accounts and paid out of the public treasury.

Certificates granted to be taken as conclusive.

        SEC. 2. All certificates granted by the President and Speaker, as aforesaid, of the amount of compensation due as aforesaid, shall be deemed, and are hereby declared, to be conclusive upon all the departments and officers of the Government of the Confederate States.

Payment of appropriations for contingent expenses of Congress.

Who declared to be disbursing officers of said appropriations.

        SEC. 3. All moneys which have been or which may be hereafter appropriated for the contingent expenses of the Senate and the House of Representatives, respectively, shall be paid at the Treasury from time to time, in such sums as the President of the Senate and the Speaker of the House may approve, on the requisition and draft of the Sergeant-at-arms of the Senate and the Clerk of the House, respectively, and shall be kept, disbursed and accounted for by them, respectively, according to law, who are hereby deemed and declared to be disbursing officers.

To give bond.

Penalty.

Condition.

Where bonds to be deposited.

Disbursing officers hereafter chosen likewise to give bond.

        SEC. 4. The said Sergeant-at-arms and Clerk shall each, within ten days after the passage of this act, enter into bond, with one or more sureties each, to be approved by the Secretary of the Treasury, in the penal sum of five thousand dollars each, with condition for the faithful application and disbursement of such funds as may come into their hands, respectively, or may be drawn from the Treasury, under this

Page 6

or any other act; which bonds shall be deposited in the Treasurer's office, and it shall be the duty of the Sergeant-at-arms and Clerk, hereafter chosen, to give bond as aforesaid, within ten days after his election and undertaking the duties thereof, and before he shall draw any draft or make any requisition as aforesaid.

Payments to be by drafts.

        SEC. 5. All payments on account of the compensation due by law to the members and officers of the Senate and House of Representatives, respectively, shall be by drafts drawn by the Sergeant-at-arms of the Senate and the Clerk of the House, respectively, on the Treasurer, to be verified by the certificates of the President of the Senate and Speaker of the House aforesaid.

Disbursement of contingent funds subject to approval of committee of accounts.

        SEC. 6. The disbursement of the contingent funds of the two Houses, hereby placed under the control of the said Sergeant-at-arms and Clerk, respectively, shall, before payment, be approved by the Committee of Accounts in each of said Houses respectively.

Estimates to be submitted, and disbursement to be in accordance with estimates.

        SEC. 7. The said Sergeant-at-arms and Clerk shall regularly submit estimates to their respective Committees on Accounts, and no disbursement of the contingent funds of either House shall be audited by said committees, except in accordance with such estimates.

Tabular statements to be made by disbursing officers at the close of each session.

Statements to be printed, and sent to members of Congress.

        SEC. 8. The said Sergeant-at-arms and Clerk shall, as soon as practicable after the close of the present and each succeeding session, make up a tabular statement of all appropriations made during the session, and also a table or statement showing the names and compensation of the clerks and officers of each House, together with a detailed statement of the items of expenditure out of said contingent funds for the next immediately preceding session; in which statement the disbursements shall be arranged under the several heads of printing, stationery, and so on, until each and every head of expenditure has been specified and described, with the cost of every item; and which statement shall exhibit, also, the several sums drawn by the said Sergeant-at-arms and Clerk, respectively, from the Treasury, and the balances, if any, remaining in their hands. Said Sergeant-at-arms and Clerk shall cause said statements to be printed and a copy thereof sent to each member of the Senate and House of Representatives, as soon as practicable.

APPROVED March 26, 1862.

CHAP. XII.--An Act to fix the times for holding the Confederate Court for the Northern District
of Georgia.

March 28, 1862.

Time for holding Confederate court for Northern District of Georgia.

        The Congress of the Confederate States of America do enact, That hereafter the Confederate Court for the Northern District of Georgia shall be held on the first Wednesday in the months of June and December in each year.

Laws repealed.

        SEC. 2. That all laws conflicting with this act be, and the same are hereby, repealed.

APPROVED March 28, 1862.

CHAP. XIII.--An Act to enable the States assuming the payment of their quotas of the war tax,
to pay the same into the Treasury.

April 2, 1862.

States assuming payment of their quotas of the War Tax, to pay the probable amounts thereof into the Treasury.

Proviso.

        The Congress of the Confederate States of America do enact, That if any State which has agreed to assume the payment of her quota of

Page 7

the tax imposed by the act approved August 19th, 1861, entitled "An Act to authorise the issue of Treasury Notes, and to provide a war tax for their redemption," shall not have been furnished with a correct collated list of the taxes assessed on the people of such State before the first day of April, 1862, the Secretary of the Treasury shall agree with the Governor of such State upon the probable amount of such assessment, and the State shall be entitled to pay the same, less ten per centum, in like manner, and with like effect, as if such payment had been made before the said first day of April; Provided, however, That when the corrected assessment is made out, such State shall pay to the Confederate Government or receive therefrom, as the case may be, the deficiency or excess of the correct amount due from her on the assessment, allowing to the State the deduction of ten per centum on the deficiency, if any.

APPROVED April 2, 1862.

CHAP. XIV.--An Act to authorise the President to increase his personal staff.

April 2, 1862.

Additional aides-de-camp allowed the President. Their rank, pay and allowances.

        The Congress of the Confederate States of America do enact, That during the existing war the President may, as Commander-in-chief of the forces, appoint, at his discretion, for his personal staff; four aids-de-camp, in addition to the number now allowed by law, with the rank, pay and allowances of a colonel of cavalry.

APPROVED April 2, 1862.

CHAP. XV.--An Act to fix the compensation of the President of the Confederate States.

April 3, 1862.

Salary of the President fixed. Payable quarterly in advance.

        The Congress of the Confederate States of America do enact, That the President shall receive for his services during his term of office, an annual salary of twenty-five thousand dollars, payable quarterly in advance, to commence on the twenty-second day of February eighteen hundred and sixty-two, the time at which he entered upon the duties of his office.

Rent of executive mansion to be paid by the Government.

        SEC. 2. And be it further enacted, That until a suitable Executive mansion shall be provided for the President, the rent of one suited to the purpose shall be paid by the Government.

APPROVED April 3, 1862.

CHAP. XVI.--An Act making appropriations for the support of the Government from April first
to the thirtieth of November, eighteen hundred and sixty-two, and for objects hereinafter expressed.

April 3, 1862.

Appropriations for the support of the Government from April 1 to November 30, 1862.

        The Congress of the Confederate Slates of America do enact, That the following sums be, and the same are hereby, appropriated out of any money in the Treasury not otherwise appropriated, for the support of the Government from April first to November thirtieth, eighteen hundred and sixty- two, and for the objects hereafter expressed:

Legislative.

        Legislative.--For pay and mileage of Senators, seventy thousand dollars.

Page 8

        For compensation of officers, clerks, &c., of the Senate, eight thousand four hundred and sixty-seven dollars.

        For contingent expenses of the Senate, eight thousand dollars.

        For pay and mileage of Members and Delegates of the House of Representatives, three hundred thousand dollars.

        For compensation of officers, clerks, &c., of the House of Representatives, seven thousand one hundred dollars.

        For contingent expenses of the House of Representatives, ten thousand dollars.

        For printing for Congress, fifteen thousand four hundred and sixteen dollars and sixty-seven cents.

Executive.

        Executive.--For compensation of the President of the Confederate States, seventeen thousand dollars.

        For compensation of the Vice-President of the Confederate States, four thousand dollars.

        For compensation of Private Secretary and Messenger of the President, one thousand three hundred dollars.

        For contingent and telegraphic expenses of the Executive Office, one thousand five hundred dollars.

Office of Secretary of State;

        For compensation of the Secretary of State, Assistant Secretary of State, Clerks and Messenger, eight thousand two hundred and sixty-two dollars and sixty-seven cents.

of Secretary of Treasury;

        For compensation of the Secretary of the Treasury, Assistant Secretary of the Treasury, Auditors, Comptroller, Register and Treasurer, and clerks, and messengers and laborers in the Treasury Department, one hundred and twenty thousand dollars.

        For incidental and contingent expenses of the Treasury Department, twenty-five thousand dollars.

of Secretary of War;

        For compensation of the Secretary of War, Assistant Secretary of War, Chiefs of Bureaus, and clerks and messengers in the War Department, eighty thousand dollars.

        For Commissioner of Indian Affairs, clerks and messengers, and contingent expenses, four thousand dollars.

of Secretary of Navy;

        For compensation of the Secretary of the Navy, and clerks and messengers, &c., fourteen thousand six hundred and four dollars and forty-nine cents.

        For incidental and contingent expenses of the Navy Department, eight thousand dollars.

of Postmaster General;

        For compensation of the Postmaster General, Chiefs of Bureaus, and clerks, messengers and laborers in the Post-Office Department, fifty thousand two hundred and thirty-two dollars and eighteen cents.

        For temporary clerks in the Post-Office Department, eight thousand nine hundred and thirty-four dollars and seventeen cents.

        For incidental and contingent expenses of the Post-Office Department, eight thousand three hundred and thirty four dollars and seventeen cents.

of Attorney General.

        For compensation of the Attorney General, Assistant Attorney General, clerks and messengers, eight thousand two hundred and sixty-six dollars and sixty-seven cents.

Superintendent Public Printing.

        For Compensation of the Superintendent of Public Printing, and clerks and messengers in his office, two thousand eight hundred and sixty-six dollars and sixty-seven cents.

        For incidental and contingent expenses of the Department of Justice, one thousand one hundred and sixty-six dollars and sixty-seven cents.

Printing.

        For printing for the several Executive Departments of the Government, one hundred and twenty-four thousand six hundred and eighty-four dollars and thirty-eight cents.

Page 9

Rent and removal of seat of Government

        For rent of Executive Buildings and other expenses attending removal of seat of Government to Richmond, seven thousand dollars.

Judicial.

        Judicial.--For salaries of Judges, Attorneys and Marshals, and for incidental and contingent expenses of Courts, one hundred and seventeen thousand dollars.

Miscellaneous.

        Miscellaneous.--To supply deficiencies in the revenue of the Post-Office Department, one million four hundred and fifty-one thousand six hundred and two dollars and thirty-one cents.

Treasury notes, bonds, &c.

        For engraving and printing Treasury notes, bonds and certificates of stock, and for paper for same, one hundred and twenty thousand dollars.

Telegraph lines.

        For compensation of agents, cost of materials and constructing, repairing and operating telegraph lines, &c., (act approved May 21, 1861,) thirty thousand dollars.

Collectors of War Tax.

        For salaries of Chief Collectors and Sub-Collectors of the War Tax, two hundred and fifty thousand dollars.

Assessors.

        For wages of Assessors of War Tax, and for printing, three hundred thousand dollars.

Commissioners, &c., under Sequestration Act.

        For salaries of Commissioners under the Sequestration Act, and for clerk hire, and incidental and contingent expenses, seven thousand four hundred and twenty-one dollars and eighteen cents.

Charleston Custom House.

        For preserving unfinished work upon the Charleston Custom-House, one thousand dollars.

Executive Buildings.

        For rent of the Executive Buildings, eleven thousand six hundred and twenty dollars.

Foreign Intercourse.

        Foreign Intercourse.--For salaries of Ministers, Commissioners, Secretaries, or other officers employed by the Government in relation to intercourse with foreign governments, and incidental, miscellaneous and contingent necessities, &c., sixty thousand dollars.

Public Debt.

        Public Debt.--For interest on the Public Debt, one million five hundred thousand dollars.

War Department.

Pay of officers, &c.

        War Department.--For the pay of officers and privates of the army, volunteers and militia, in the public service of the Confederate States; and for Quartermasters supplies of all kinds, transportation and other necessary expenses, one hundred and fifty-five million dollars.

Subsistence Stores.

        For the purchase of Subsistence Stores and Commissary property, twenty-nine million dollars.

Ordnance Service.

        For the Ordnance Service in all its branches, eleven million dollars.

Engineer Service.

        For the Engineer Service, one million eight hundred thousand dollars.

Surgical and Medical Supplies.

        For the Surgical and Medical Supplies of the Army, two million four hundred thousand dollars.

Contingent expenses of Adjutant and Inspector General's Department.

        For contingent expenses of the Adjutant and Inspector General's Department, including office furniture, stationery, blanks, record books, &c., ten thousand dollars.

Incidental and contingent expenses.

        For incidental, and contingent expenses of the Army, and of the Department of War, two hundred thousand dollars.

Floating defences

        For floating defences of the Western Waters, five hundred thousand dollars, in accordance with the letter of the President of March 24, 1862, to be expended by the Secretary of War.

Indian Treaties.

        Indian Treaties.--To carry into effect treaty with the Creeks, of July 10, 1861, forty-nine thousand one hundred and forty dollars.

Choctaws and Chickasaws.

        To carry into effect treaty with the Choctows and Chickasaws of July 12, 1861, sixty-one thousand one hundred and twenty-six dollars and eighty-nine cents.

Cherokees.

        To carry into effect treaty with the Cherokees, of October 7, 1861, four hundred and forty-six dollars and eighty-four cents.

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Comanches.

        To carry into effect treaty with the Comanches, of August 12th, 1861, one hundred and forty thousand, one hundred and sixty-seven dollars.

Osages.

        To carry into effect treaty with the Osages, of October 2, 1861, two thousand and eighty-six dollars and fifty-eight cents.

Quapaws.

        To carry into effect treaty with the Quapaws, of October 4, 1861, one thousand seven hundred and twenty-three dollars and twenty-three cents.

Reserve Indians.

        To carry into effect treaty with the Reserve Indians, of August 12, 1861, one hundred and thirteen thousand one hundred and fifty-nine dollars.

Senecas and Shawnees.

        To carry into effect treaty with the Senecas and Shawnees of October 4, 1861, three thousand six hundred and eleven dollars and sixty cents.

Superintendents and Agents, &c.

        For pay of Superintendents and Agents, and incidental and contingent expenses of the several Indian agencies, eighteen thousand, two hundred and sixty-four dollars and twenty-eight cents.

Navy Department.

Pay.

        Navy Department.--For pay of the Navy, one million, seven hundred and sixteen thousand, two hundred and thirty-three dollars and twenty-nine cents.

Provisions and clothing.

        For provisions and clothing, and contingencies in the Paymaster's Department, one million and four thousand eight hundred and fifty dollars.

Ordnance and Ordnance Stores.

        For Ordnance and Ordnance Stores, one million, six hundred and sixty thousand dollars.

Nautical instruments.

        For purchase of nautical instruments, books and charts, fifty thousand dollars.

Iron-clad vessels.

        For construction of iron-clad vessels, three millions of dollars.

Equipments, &c., of vessels.

        For equipment and repair of vessels, three hundred and fifty thousand dollars.

Fuel.

        For purchase of fuel for steamers, navy-yards, and stations, one million dollars.

Medical supplies, &c.

        For medical supplies and surgeon's necessaries, sixty-one thousand five hundred dollars.

Contingents.

        For contingents enumerated, four hundred thousand dollars.

Hemp.

        For purchase of hemp for the Navy, seventy-five thousand dollars.

Marine Corps.

        For support of the Marine Corps (including Bounty) two hundred and forty-three thousand three hundred and twenty-two dollars.

Iron-clad vessels in Europe.

        For construction of iron-clad vessels in Europe, two millions of dollars.

Territorial.

Arizona Territory.

        Territorial.--For salaries of the Governor and Commissioner of Indian Affairs and Secretary, Judges, Attorney and Marshal of Arizona Territory, six thousand five hundred and sixty dollars.

        For compensation of members of the Legislative Assembly of Arizona Territory and pay of officers, twelve thousand dollars.

        For contingent expenses of the Legislative Assembly of Arizona Territory, including printing the laws, five thousand dollars.

        For contingent expenses of Arizona Territory, seven hundred and seven dollars.

APPROVED April 3, 1862.

CHAP. XVII.--An Act to amend An Act approved May, 10th, 1861, entitled "An Act to amend
An Act to provide for the public defence," approved March 6th, 1861.

April 3, 1861.

Act of 1861, May 10, amended so as to apply to companies received as Heavy Artillery.

        The Congress of the Confederate States of America do enact, That the act approved May 10th, 1861, entitled an act to amend an act to

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provide for the public defence, approved March 6th, 1861, be, and the same is hereby so amended as to apply also to companies received into service for duty as Heavy Artillery.

To extend to companies of Light and Heavy Artillery.

        SEC. 2. The provisions of this act and of the act of May 10th, 1861, shall extend to all companies of Light and Heavy Artillery, which are now in, or may be hereafter received into the service, and all acts or parts of acts in conflict therewith are hereby repealed.

APPROVED April 3, 1862.

CHAP. XVIII.--An Act to remit the duty on Railroad iron sufficient to complete the Alabama and
Mississippi Rivers Railroad.

April 7, 1862.

Duty on certain railroad iron, remitted.

Proviso.

        The Congress of the Confederate States of America do enact, That the duty on Railroad iron sufficient to complete the road on the route from Selma in Alabama to Meridian in Mississippi, held in bond, or which may hereafter be imported, and procured for the purpose stated be, and the same is hereby remitted: Provided, such iron shall be imported or purchased and used solely for the purpose stated, within three months from the date of the passage of this act.

APPROVED April 7, 1862.

CHAP. XIX.--An Act to provide for the organization of the Arkansas and Red River Superintendency
of Indian Affairs, to regulate trade and intercourse with the Indians therein, and to
preserve peace on the frontiers.

April 8, 1862.

Arkansas and Red River Superintendency of Indian Affairs.

Bond.

Condition.

        The Congress of the Confederate States of America do enact, That the Superintendency of Indian Affairs, for all the Indian country annexed to the Confederate States, that lies west of Arkansas and Missouri, north of Texas, and east of Texas and New Mexico, is hereby continued, and shall be called the Arkansas and Red River Superintendency of Indian Affairs, and the Superintendent thereof shall reside at Fort Smith, or Van Buren, in the State of Arkansas, until otherwise ordered by the President; shall give bond to the Confederate States, with sufficient sureties, in the sum of fifty thousand dollars, conditioned like those of the agents hereinafter prescribed, and shall receive a salary of two thousand five hundred dollars per annum, and be allowed a clerk, at an annual compensation of one thousand dollars.

Duties.

May suspend officers and others.

        SEC. 2. And be it further enacted, That the Superintendent of Indian Affairs for the Arkansas and Red River Superintendency, shall, within his superintendency, exercise a general supervision and control over the official conduct and accounts of all officers and persons employed by the Government in the Indian Department, under such regulations as shall be adopted or established by the President of the Confederate States; and may suspend such officers and persons from their offices or employments, for reasons forthwith to be communicated to the Secretary of War.

Indian Agents.

Bond.

Condition.

Compensation.

        SEC. 3. And be it further enacted, That the following Indian Agents shall be continued or appointed by the President, each of whom shall give bond, with two or more sureties, to the Confederate States, in the penal sum of twenty thousand dollars, if he disburses annually more than fifty thousand dollars; and in ten thousand dollars, if he disburses annually less than fifty thousand dollars and more than twenty thousand

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dollars; and in the sum of five thousand dollars, if he disburses annually less than twenty thousand dollars; conditioned for the faithful performance of the duties of their office, and that he will faithfully disburse, pay out and apply all moneys placed in his hands as agent, and render true and just accounts, as provided by the regulations of the War Department, of the receipt and expenditure of all moneys and property of every description entrusted to him, or coming to his hands in his official capacity, and pay over all balances and deliver all property that may, at any time, remain in his hands, on the order or requisition of the War Department or Bureau of Indian Affairs; and each of such agents shall receive an annual compensation of fifteen hundred dollars; that is to say:

Osage Agency.

        An Agent for the Osages, Senecas, Senecas and Shawnees and Quapaws, whose agency shall be known as the Osage Agency;

Cherokee Agency.

        An Agent for the Cherokees, whose agency shall be known as the Cherokee Agency;

Creek Agency.

        An Agent for the Creeks, whose agency shall be known as the Creek Agency;

Seminole Agency.

        An agent for the Seminoles, whose agency shall be known as the Seminole Agency;

Choctaw and Chickasaw Agency.

        An agent for the Choctaws and Chickasaws, whose agency shall be known as the Choctaw and Chickasaw Agency;

Wichita Reserve Agency.

        An agent for the Wichitas, Comanches, Kichais, Huecos, Cado-ha-da-chos, Ta-hua-ca-ros, Ton-ca-wes, An-a dagh-cos, Ai-o-nais, Kickapoos, Shawnees and Delawares, in the country leased from the Choctaws and Chickasaws, whose agency, shall be known as the Wichita Reserve Agency.

Discontinuance or transfer of agency.

        SEC. 4. And be it further enacted, That the President shall be, and he is hereby authorized, whenever he may deem it expedient, to discontinue any Indian Agency, or to transfer the same from the place of Nation designated by law, to such other place or Nation, as the public service may require.

Where agent to reside.

        SEC. 5. And be it further enacted, That every Indian Agent shall reside and keep his agency upon the reserve selected for an agency, within the country of the Nation, or one of the Nations for which he may be agent, and shall not depart from the limits of such country at any time, or for any length of time, without the permission of the Superintendent, or of the Commissioner of Indian Affairs, granted for special and urgent reasons only, on penalty of immediate removal from office.

Limits of each agency.

Duties of agents.

        SEC. 6. And be it further enacted, That the limits of each agency shall be the country of the Nation, or Nations, for which it is established. And it shall be the duty of each agent, within the limits of his agency, to manage and superintend the intercourse with the Indians, agreeably to law; to obey all legal instructions given to him by the Secretary of War, the Commissioner of Indian Affairs, or the Superintendent of Indian Affairs, and to carry into effect such regulations as may be prescribed by the President.

Additional security.

        SEC. 7. And be it further enacted, That the President may at any time require additional security, and, in larger amounts, from all persons charged or entrusted, under the laws of the Confederate States, with the transportation, disbursement application of money, goods or effects of any kind, on account of the Indian Department.

Interpreter allowed each agency.

Compensation.

Preference given to persons of Indian descent.

        SEC. 8. And be it further enacted, That one interpreter shall be allowed to each agency, except that for the Wichitas and other bands, who shall receive an annual compensation of four hundred dollars; and that for the Wichita Agency one may be allowed for each

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different language spoken, each of whom shall receive a compensation of four hundred dollars per annum; except those for the Comanches, and for the Wichitas, Hue-cos, and Ta-hua-ca-ros, each of whom shall receive a compensation of four hundred dollars per annum, or, in lieu of part of these, one interpreter may be employed for the Comanches, Wichitas, Hue-cos, Ta-hua-ca-ros, Cado-ho-da-chos, and An-a-dagh-cos, at a compensation of one thousand dollars per annum. These interpreters shall be selected by the Superintendent, on the recommendation of the respective agents, or upon his own knowledge of their competency and good character, and may be suspended by the agent, from pay and duty, the circumstances being by him reported to the Superintendent for final action. In the appointment of interpreters, preference shall be given to persons of Indian descent, and of the same nation, for which they are appointed, if such can be found, who are properly qualified for the execution of their duties.

Blacksmiths and wagon-makers.

Compensation.

Their assistants.

Other mechanics, teachers or physicians.

Compensation.

        SEC. 9. And be it further enacted, That blacksmiths and wagon-makers shall, in like manner, be employed, wherever required by Treaty stipulations, and shall receive such compensation as may be fixed by treaties, or in the absence of such provision by treaty, an annual compensation of not more than seven hundred and fifty dollars; and if they furnish their shop and tools, an additional compensation of one hundred and twenty dollars per annum: and their assistants shall be allowed an annual compensation of two hundred and forty dollars; and whenever other mechanics, teachers or physicians are required by Treaty stipulations to be provided, they shall be, in like manner employed, and the male teachers shall receive an annual compensation of not more than one thousand dollars, female teachers an annual compensation of not more than six hundred dollars; physicians an annual compensation of not more than one thousand dollars, and mechanics an annual compensation of not more than seven hundred and fifty dollars. Farmers and laborers, required by Treaty stipulations to be furnished, shall be employed by the Agents, subject to the approval of the Superintendent, unless the Superintendent himself sees fit to employ them, which he may do; and their compensation shall not, in any case, be greater for farmers than six hundred dollars per annum, and for laborers, than forty dollars per month.

Salaries, &c., to be in full of all emoluments, except fees.

Proviso.

Proviso.

        SEC. 10. And be it further enacted, That the salaries and annual compensations provided by this act shall be in full of all emoluments or allowances whatever, except such fees as are hereinafter specially allowed to be received: Provided, however, That reasonable allowances and provisions may be made for office rent and office contingencies; and that when the Superintendent or Agent is required, in the performance of the duties prescribed by this act, to travel from one place to another, he shall be allowed the same expenses of travel, or mileage and transportation, as may be allowed to officers of the army, and such additional allowance for transportation and expenses of traveling in the Indian country as the Secretary may be satisfied is just; but provided, also, that no allowance shall be made to any such officer for travel or expenses, in going to the Seat of Government to settle his accounts, or returning therefrom, unless ordered thither for that purpose, by the Commissioner of Indian Affairs, or Secretary of War.

No person to hold more than one office.

Agent or interpreter absent without leave, to receive no pay; and interpreter may be removed from office.

        SEC. 11. And be it further enacted, That no person shall hold more than one office under this act at one and the same time; nor shall any Agent or Interpreter receive any salary or compensation, while absent the Agency, without leave of the Superintendent or Commissioner of Indian Affairs; and if an Interpreter be absent, without leave of

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the Superintendent or Commissioner, for more than sixty days, at any one time, it shall be sufficient cause of his removal from office.

Superintendents, agents or interpreters, not to trade with Indians;

nor be concerned in any claims on behalf of the Indians;

nor to receive any compensation for certain services.

Penalty.

        SEC. 12. And be it further enacted, That no Superintendent, Agent or Interpreter, shall have any interest or concern in any mercantile establishment in the Indian country or in any trade carried on with the Indians, under the penalty of immediate removal from office, and perpetual disqualification to hold any office under the Indian Bureau; and neither of them shall be concerned or interested in any claim on behalf of the Indians against the Confederate States, of any kind whatever, nor receive any compensation fee or gratuity whatever from the Indians, in any shape, manner or form, for any services in the presentation or recovery of any such claim, or the collection of any moneys from the Government, for individual Indians, or for the Nation; and any person so offending shall be deemed guilty of misdemeanor in office, corruption and extortion, shall be forthwith removed, and, upon conviction thereof by indictment, shall be punished by fine of not less than five hundred, nor more than five thousand dollars, and imprisonment not less than six months nor more than five years, and be condemned to make restitution of the whole amount of the compensation, fee or gratuity, so received, with interest at the rate of ten per cent. per annum from the time when he received the same; and shall also be forever disqualified to hold any office, civil or military, under the Confederate States.

Payments of annuities.

        SEC. 13. And be it further enacted, That payment of all annuities, and other sums of money, stipulated by treaty or directed by law, to be paid to the Cherokees, Creeks, Choctaws and Chickasaws, shall be made to the Treasurer of each Nation, or to such other person or persons, as the legislative power of each may direct; and the moneys so received shall be disposed of by the authorities of the Nation, without any interference on the part of any Department, Bureau or office of the Government of the Confederate States. Payments of all sums of money to be made to the Seminole Nation, and to any other tribes or bands of Indians in the said superintendency, shall be made to the Treasurer, Chief, or per capita, as the treaties may provide, or, in the absence of treaty provisions, as the Commissioner of Indian Affairs shall, in each case, direct.

By whom payments of moneys to be made.

        SEC. 14. And be it further enacted, That all payments of moneys to any of said nations, tribes or bands, shall be made by such persons as the President shall designate for that purpose; and that he may, at his discretion, entrust military officers with such payments; in which case the duty shall be performed by them, without other compensation than the ordinary allowances for travel and transportation.

Penalty against Agent for embezzlement;

or for employing person employed by the government to assist the Indians;

or for receiving from contractor any share of profits.

        SEC. 15. And be it further enacted, That if any Agent of the Confederate States for any nation, tribe or band of Indians, shall convert to his own use, or improperly withhold from any of the Indians under his charge, any article, or any part or quantity of any article of provisions, clothing, merchandize, or other thing whatever, placed in his hands by the Government of the Confederate States, for distribution or delivery to such Indians, or any moneys, to any amount whatever, placed in his hands to be paid to them, or to be expended for their benefit, whether by the United States heretofore, or by the Confederate States heretofore or hereafter, or shall employ in his own private service and affairs any person employed by the Government to labor for or assist the Indians, or shall receive from any contractor any share of profits, per centage, compensation, or gratuity whatever, every such agent, so offending, shall be deemed guilty of felony, and on conviction thereof in the proper court, shall be fined not less than five

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hundred, nor more than fifty thousand dollars, sentenced to make full restitution to the Confederate States, and be imprisoned, at hard labor, not less than two, nor more than ten years.

No exchange of funds allowed except for gold and silver, or Treasury notes.

Payments to be made in the identical moneys or funds received.

Penalty for failure.

        SEC. 16. And be it further enacted, That no exchange of funds shall be made by any superintendent or agent, or, by any other disbursing officer or agent of the Government, of any grade or denomination, whatsoever, employed in, or connected with the Indian service, other than an exchange for gold and silver, or Treasury notes; and every such disbursing officer, when the means for his disbursements are furnished him in gold and silver, shall make his payments in the identical moneys so furnished, or when those means are furnished to him in Treasury warrants or drafts, shall either cause such warrants or drafts to be presented at their place of payment, and properly paid, according to law, and shall make his payments in the identical moneys so received for the drafts furnished; unless, in either case, he can exchange the means in his hands, for the gold and silver, or other kind of funds, in which they are payable, at or for more than par; and any officer, in any way, violating the provisions of this section, shall be forthwith removed from office, and upon conviction thereof, upon indictment in the proper District Court, shall be punished by fine of not less than one thousand, nor more than ten thousand dollars, be imprisoned, not less than six months, nor more than two years, and be thereafter incapable of holding any office of trust or profit, under the Confederate States.

Penalty against officers for selling or disposing of Treasury notes, drafts, warrants, etc.

To account for premium received.

Proviso.

        SEC. 17. And be it further enacted, That no superintendent, agent, or other officer mentioned in the sixteenth section of this act, shall either directly or or indirectly sell or dispose of, to any person or persons, firm or corporation whatsoever, any Treasury note, draft, warrant, or other public security in his hands, as such officer, and not his private property, at par, where he can obtain a premium on the same, or for any less than the current premium, at the time and place; nor shall sell or dispose of any specie funds, with or without a premium, for any other funds; nor shall loan any of the funds in his hands to any person whatever, nor sell the same, or any draft, warrant, or other security, to any person whatever, upon time, or to receive the proceeds at a future day, however near; and if any such officer shall, in any way, violate the preceding provisions of this section, or shall receive, directly or indirectly, any premium whatever, upon the sale or disposition, or exchange, of any funds, specie, warrant, draft or security, by way of exchange, or otherwise, and shall not make true return of such premium so received, and account for the same, by charging it in his accounts to the credit of the Confederate States, he shall be forthwith dismissed from office; and shall, in addition, upon conviction upon indictment in the proper district court, be punished and become incapable, in the same manner as is provided in the sixteenth section of this act: Provided, That nothing in this act shall be so construed as to allow disbursing officers to make payment in any other funds than specie or Treasury notes.

Rations allowed Indians.

Special accounts thereof to be kept.

Proviso.

        SEC. 18. And be it further enacted, That the President shall be, and he is hereby, authorised to cause such rations as he shall judge proper, and as can be spared from the army provisions, without injury to the service, to be issued under such regulations as he shall see fit to establish; or beef and flour, in lieu thereof, to be purchased and issued by the officers commanding military posts, to Indians who may visit such posts, and by agents to those who may visit their agencies, and to councils called by authority of the Confederate States; and special accounts of these issues shall be kept and rendered, and the

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Secretary of War may authorise the agents for the Creeks, Seminoles, Osages, and Reserve Indians to expend a sum not larger than three hundred dollars per annum, in furnishing provisions to Indians attending councils and payments of annuities: Provided, That no money shall be expended for this purpose which has not been previously appropriated by law.

Accounts of disbursements to be settled annually.

Copies of same to be laid before Congress.

        SEC. 19. And be it further enacted, That all persons whatsoever, charged or entrusted with the disbursement or application of money, goods or effects of any kind, for the benefit of the Indians, shall settle their accounts annually at the War Department, on the first day of October; and copies of same shall be laid annually before Congress, at the commencement of the ensuing session, by the proper accounting officers, together with the list of the names of all persons to whom money, goods or effects had been delivered within the year, for the benefit of Indians, specifying the amount of each, and the object for which each sum or quantity was intended, and showing who are delinquents, if any, in forwarding their accounts, according to the provisions of this act; and also a list of the names of all persons appointed or employed under this act, with the date of appointment or employment of each, and the salary or pay of each.

Who not permitted to trade with Indians without license.

By whom license to be issued.

Proviso.

Term of license.

Renewal of license.

        SEC. 20. And be it further enacted, That no person, other than a member of the particular tribe or nation under treaty stipulations, or a member of another Indian nation or tribe, permitted to trade by the authorities of the nation or tribe, within whose limits he so trades, shall be permitted to trade with the Indians, in the Indian country aforesaid, without a license therefor from the agent for the nation or tribes in whose country the trade is to be carried on; and which license, in the Cherokee, Creek, Seminole, Choctaw and Chickasaw countries, must be granted by and with the advice and consent of the Legislature or General Council of such nation: Provided, That no license shall be necessary to authorise the selling from wagons, or otherwise, flour, bacon, fruits, and other provisions, brought from the Confederate States, or wagons, agricultural implements, domestic animals or arms brought from any of the same. Each license shall be issued for a term not exceeding three years; and all licenses granted before the passage of this act may be renewed by the agents, in their discretion, without the advice or consent of the legislature or council, to continue until the expiration of the year one thousand eight hundred and sixty-two.

Person obtaining license to give bond.

Condition of bond.

When license may be revoked.

        SEC. 21. And be it further enacted, That the person or persons obtaining a license, must give bond in a penal sum not exceeding five thousand dollars, with one or more sureties, approved and certified to be sufficient, by the agent to whom the application is made, conditioned that such person or persons will faithfully observe and obey all laws and regulations for the government of trade and intercourse with the Indian tribes, adopted or enacted by the Confederate States, or any department thereof, and will, in no respect, violate the same. And the Superintendent of Indian Affairs shall have power to revoke and cancel any license whenever he shall be satisfied that the person licensed has violated any of the said laws or regulations, or that, for any other good reason, it would be improper to permit him to remain in the Indian country.

Trading without license.

Forfeiture.

        SEC. 22. And be it further enacted, That any person, other than a member of the nation or tribe, under treaty stipulations, or a member of another Indian nation or tribe, permitted to trade by the authorities of the nation or tribe within whose limits he so trades, who shall attempt to reside in any part of the Indian country as a trader, or to introduce

Page 17

goods, or to trade therein, without a license duly obtained, shall forfeit all merchandise offered for sale to the Indians, or found in his possession, and shall, moreover, forfeit and pay the sum of five hundred dollars, to be recovered by action of debt, in the name of the Confederate States, or adjudged on conviction and forfeiture of the goods, one-half thereof to be paid to the informer, and the other half to the nation or tribe in whose country the offence is committed, to which nation or tribe also all the goods forfeited, and all wines and liquors confiscated, shall be given and belong.

Licenses to be granted only to citizens of the C. S.

        SEC. 23. And be it further enacted, That no license to trade with Indians shall be granted to any person or persons other than a citizen or citizens of the Confederate States.

When agent may refuse application for license.

Proviso.

        SEC. 24. And be it further enacted, That any agent may refuse an application for a license to trade, if he is satisfied that the applicant is a person of bad character, or that it would be improper to permit him to remain in the Indian country; or if a license previously granted to him has been revoked, or a forfeiture decreed of any bond previously given by him: Provided, That any person, whose application is thus denied, may appeal to the Superintendent of Indian Affairs, whose decision shall be final.

Penalty against licensed trader for purchasing certain articles furnished the Indians.

        SEC. 25. And be it further enacted, That if any licensed trader shall purchase of an Indian any gun, or any instrument of husbandry, or blanket, cooking utensil, or other article, furnished the Indians by the Confederate States, his license shall be immediately revoked, and he shall forfeit and pay, for the use of such Indians, to the Confederate States, the sum of fifty dollars for every article so purchased.

Ranging and grazing in Indian country.

Penalty against.

Proviso.

        SEC. 26. And be it further enacted, That no person, not being a member of the nation or tribe, or otherwise authorised by law or treaty, shall drive or otherwise convey, or cause, or permit to be otherwise conveyed, any horses, mules, or cattle, to range and graze in any part of the Indian country, without the consent of the authorities of the nation or tribe previously obtained, under the penalty of one dollar a head for each animal so pastured, which may be collected by the authorities of the nation, and payment enforced, if necessary, by the seizure of the cattle: Provided, That movers, and other persons driving stock through the country, may halt from place to place, for such reasonable length of time as will be sufficient to recruit their stock, but no longer, doing the same in good faith.

Removal of intruders.

Proviso.

        SEC. 27. And be it further enacted, That the Superintendent of Indian Affairs, and each agent within his agency, shall have authority, and it shall be the duty of each, to remove from the Indian country all persons found therein contrary to law or treaty; and all other persons, not Indians, and not by birth and blood members of the particular nation, whose presence is, in his opinion, dangerous or mischievous; and shall have power to call upon the officer commanding any military post to aid him in so doing, and enforce his orders in that behalf: Provided, That the person so removed by an agent may appeal to the Superintendent, whose decision thereon shall be final.

Sale of lands by certain Indian nations, made valid.

        SEC. 28. And be it further enacted, That the provisions of law invalidating any purchase of lands from an Indian nation or tribe, shall no longer be in force, in respect to the Cherokee, Creek, Seminole, Choctaw and Chickasaw Nations, each of which may, under special or general laws passed for that purpose, sell parcels of their lands, or convey parcels of the same by legislative grants, in fee simple, to individual purchasers or grantees; and such sales or grants shall be valid in law and equity, in the absence of fraud, and shall only be impeached in the same manner; as if they had been made by a State.

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Penalty for attempting to cause infraction of Indian treaties, etc.

        SEC. 29. And be it further enacted, That if any person shall send, make, carry or deliver any talk, speech, message or letter, to any Indian nation, tribe, band, chief or individual, with intent to produce a contravention, or infraction of any treaty, or other law of the Confederate States, or to disturb the peace and tranquillity of the Confederate States, or to make such nation, tribe, band, chief or Indian dissatisfied with their relations with the Confederate States, or uneasy, or discontented, the person so offending shall, on conviction thereof, be punished by fine not exceeding ten thousand dollars, nor less than two thousand dollars, and by imprisonment not less than two, nor more than ten years; and the intent above mentioned shall be conclusively inferred from the fact of knowledge of the contents of any such talk, speech, message, or letter in writing.

For correspondence with foreign powers, with such intent.

        SEC. 30. And be it further enacted, That if any person, whether an Indian or a white person, shall carry on a correspondence, by letter or otherwise, with any foreign nation or power, or with any department or office of such foreign nation or power, with intent to induce such nation or power, department or office, to give assistance or encouragement to any Indian nation, tribe, chief or chiefs, individual or individuals, in waging war, or commencing, or continuing hostilities against the Confederate States, or in the violation of any existing treaty, or shall attempt to alienate the confidence of any Indian or Indians, from the Government of the Confederate States, he shall be punished, if the offence be committed in time of peace, as in the last preceding section is provided; and, if the offence be committed in time of war, with such foreign nation or power, the punishment thereof shall be death, to be inflicted as in other cases of capital offences.

For carrying on correspondence with any power with which the C. S. is at war.

        SEC. 31. And be it further enacted, That any Indian of any Nation or Tribe, between which and the Confederate States a Treaty of friendship and alliance has been concluded, who shall while the Confederate States are at war with any other States, Nation or power, carry on any correspondence with such States, Nation or power, or any Department or office thereof, or shall attend any Council, or hold any talk or conference, in the Indian country or elsewhere, with any officer of such States, Nation or power, shall, on conviction thereof, be punished with death, to be inflicted as in other cases of capital punishment.

Emissaries from such powers, how punished.

        SEC. 32. And be it further enacted, That any emissary from any State or States, nation or power, with which the Confederate States may be at war, found in the Indian Country, and any Indian therein apprehended, returning from any council, talk or conferences with any officer of the enemy, or after such return, shall be considered a spy, and punished by death by hanging, to be inflicted upon the sentence of a Military Court, to be ordered by the General commanding in such Indian country.

Twice the value of property stolen or injured to be paid to friendly Nations.

Unless revenge be attempted.

        SEC. 33. And be it further enacted, That whenever the property of any member of a friendly Nation, or Tribe of Indians, is unlawfully stolen, taken, converted, destroyed or injured, by any white person, not a member by birth, adoption, or otherwise, of said Nation or Tribe, or by a member of any other friendly Indian Nation or Tribe, within the Indian country, if conviction be had of the person offending, for the crime, misdemeanor or trespass so committed, or recovery of damage therefor in a civil suit, the person so offending shall be sentenced or adjudged to pay the person injured a sum equal to twice the just value of the property so stolen, taken, converted or destroyed, or twice the amount of damages sustained by the injury of the same. And if the same cannot be recovered of the party, or if, for any cause, conviction or recovery cannot be had then, upon, the said offence, and the

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value of the property or the full amount of damage being established upon investigation by the Agent of the Confederate States, for the Nation or Tribe, to which the person injured belongs, the full value of the property, or the full amount of damage sustained, with any other actual damage caused thereby, and interest and expenses, or so much thereof as cannot be collected of the party, shall be paid out of the Treasury of the Confederate States: Provided, That no person shall be entitled to such payment out of the Treasury, if he, or any of the Nation or Tribe, to which he belongs, shall have sought private revenge for the injury in question, or attempted to obtain satisfaction by violence or fraud.

Persons to be indemnified for property destroyed by Indians.

If no revenge be sought.

Limitation.

How this act to be construed.

Appeal.

Proviso.

        SEC. 34. And be it further enacted, That if any member or members of any Indian Nation or Tribe, within the Indian country, shall unlawfully take, convert, destroy, or injure any property of any person lawfully within such country, or shall, in any one of the Confederate States, or in any Territory or Province of the Confederate States, or within the limits of any other Indian Nation or Tribe, steal, take, convert, destroy or injure any property belonging to any citizen or inhabitant of the Confederate States, or of any Territory or Province thereof, or of any member of any other friendly Nation or Tribe of Indians, other than that to which he or they belong, such citizen, inhabitant or member of a friendly Nation or Tribe, may, by himself, or by his attorney or agent, make complaint to the Agent of the Confederate States, for the Nation or Tribe to which the offender may belong, or to the Superintendent, who shall take and hear the proof of the truth of such complaint, and if satisfied of the truth thereof, and that the offender belongs to the Nation or Tribe alleged, shall demand prompt satisfaction from such Nation or Tribe; and if satisfaction be not made within the space of six months thereafter, by payment by the Nation or Tribe of the value of the property taken, stolen, converted or destroyed, and all actual damages and expenses sustained in consequence thereof, and interest on the said value from the time of taking or conversion, or of the amount of damage sustained by the injury done the property, with like actual damages, expenses and interest, then full report shall be made thereof to the Commissioner of Indian Affairs; and thereupon the amount so ascertained shall be directed to be deducted from any annuity or other moneys payable to said Nation or Tribe; or if there be none such, then the president shall take such other steps to enforce payment as may seem to him fit: and in the meantime, the amount shall be paid out of the Treasury of the Confederate States: Provided, That if such injured party, his representative, attorney or agent, shall, in any way, violate any of the provisions of this Act, by seeking revenge or redress by violence, or any other illegal means, he shall forfeit all his claim to indemnification; that any such claim, not presented to the Agent or Superintendent within three years, after the commission of the alleged injury, shall be forever barred; that nothing herein contained shall be construed to prevent the legal apprehension and punishment of any Indian, or member of any Nation or Tribe, that may so have offended; and that from the decision of the Agent, the complainant, or the Nation or Tribe may appeal to the Superintendent, and from his decision to the Commissioner of Indian Affairs, whose judgment shall be final in the premises: Provided, That the Indian country shall not be deemed to include the residence of Indian Tribes or persons within the limits of any of the Confederate States.

Proceedings under the authority of the U. S. to obtain satisfaction; how to be carried on.

        SEC. 35. And be it further enacted, That any proceeding instituted under the authority of the United States to obtain satisfaction in any

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case mentioned in the two preceding sections, shall be carried on and completed before the authorities of the Confederate States, as if no change of government had taken place; and that if any final order or adjudication had been made in any such case, by the proper officer of the United States, before the assumption of jurisdiction by the Confederate States, on the twenty-first day of May, eighteen hundred and sixty-one, the same shall still be deemed and taken as final, and be carried out, as if made by the same officer of the Confederate States.

Punishment for forging or counterfeiting coin, or the securities of the Confederate States;

robbing the mail and other offences.

        SEC. 36. And be it further enacted, That so much and such parts of the laws of the Confederate States, as provide for punishing the counterfeiting the coin of the United States, or any other current coin, and the uttering such forged or counterfeit coin, or the counterfeiting or forging the securities of the Confederate States, and the uttering such forged or counterfeit securities, and the robbing of the mail, and for punishing the violations of the neutrality laws, and resistance to the process of the Confederate States, and all the provisions of the acts of the Provisional Congress, providing for the common defence and welfare, so far as the same are not legally inapplicable, shall hereafter be in force in the Indian country; and offences against the same by any person whatever, shall be punished by indictment in the proper court of the Confederate States having jurisdiction.

Laws of the Confederate States punishing felonies, declared to be in force in the Indian country.

Proviso.

        SEC. 37. And be it further enacted, That so much of the laws of the Confederate States, as provide for the punishment of forgery or counterfeiting, perjury, subornation of perjury, rape, arson, shooting with intent to kill or maim, burglary, robbery, larceny, or any other crime amounting to felony at common law, or by statute, committed in any place whatever, within the sole and exclusive jurisdiction of the Confederate States, shall be in force in the Indian country: Provided, That none of the same shall extend or apply to crimes committed by a member of any Tribe or Nation, by birth, adoption or otherwise, as hereinafter defined, or by any negro or mulatto, bond or free, against the person or property of a member of the same, or any other Nation or Tribe, by birth, adoption, or otherwise, as hereinafter defined, or of any negro or mulatto, bond or free; but these offences shall be within the sole and exclusive jurisdiction of the Tribunals of the Nation or Tribe, within whose country they are committed; excepting, however, such offences, when committed in the Choctaw and Chickasaw country, west of the ninety-eighth parallel of longitude, by an Indian of any one of the Bands settled therein, against the person or property of such a member of the Choctaw and Chickasaw Nation, or by such a member of one of these Nations against the person or property of an Indian of any one of these Bands, as to which offences so committed, the said laws shall be in force, and the offenders be tried therefor in the proper court of the Confederate States.

Penalty against gaming.

Duty of agents and officers.

Forfeiture.

        SEC. 38. And be it further enacted, That, if any person, not being a negro or mulatto, or a member by birth, adoption, or otherwise, as hereinafter defined, of the Nation or Tribe in which the act is committed, shall, in the Indian country, open, exhibit and deal at, or be interested in, by furnishing means, or sharing the profits of the game, any game of faro, monte, or other banking game; at which game betters bet against the game, bank or dealer, or shall set up, exhibit and permit to be bet against, at, or upon, or be interested, by furnishing means, or sharing the profits in any roulette table, or other table, or game of like nature, at which game or table, any person shall bet money, checks or counters, representing money or any other thing of value, or shall bet on credits, every such person shall be deemed guilty of an offence against the Confederate States, cognizable upon indictment

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or presentment by the District Court having jurisdiction over such Indian country, and upon conviction, shall be fined one thousand dollars, and imprisoned at hard labor not less than ninety days, nor more than two years; and it shall be the duty of the Agent, if he becomes cognizant of the carrying on of any such game or table, to arrest the parties and seize all the tables, boxes and other implements used, and all checks and moneys found thereon and therein; as also any civil officer of the proper Nation may do; all which articles and money, when seized, shall belong, one-half to the officer seizing the same, and one-half to the Nation wherein they are seized. And any officer of the Nation arresting such person shall deliver him to the Agent, who shall investigate the case, and commit, bail, or discharge, as in other cases; but no person so arrested and bailed shall be permitted to remain in the Nation, but shall forthwith be removed therefrom.

Punishment of contractors for fraud.

        SEC. 39. And be it further enacted, That if any person who has taken, or is concerned in any contract with the Confederate States, or with any agent or officer thereof, for furnishing provisions to any Indians whatever, shall be guilty of defrauding them by the issue of a less quantity than they, or any part or one of them, are or is entitled to, and receiving pay for the quantity which should have been issued, or of receiving pay in any otherwise, for issues not made, or provisions not issued, such person shall be deemed guilty of felony, and, on conviction thereof in the proper Court, shall be fined not less than five hundred, nor more than ten thousand dollars, sentenced to full restitution to the Confederate States, and be imprisoned at hard labor not less than two, nor more than twenty years.

Penalty for selling liquors to Indians.

        SEC. 40. And be it further enacted, That if any person shall convey, transport or introduce, or attempt to convey, transport or introduce, by land or water carriage, into any Indian Nation or Tribe, for the purposes of sale, exchange, barter or traffic, or knowing that the same is intended to be sold, exchanged, bartered or trafficked, anywhere in the Indian country, any spirituous or intoxicating liquors or mixtures, or wines of any kind or description whatever, (unless the same are provided and to be used by some licensed trader, druggist, apothecary or physician, for purposes purely medicinal,) every person concerned in such offence shall forfeit and pay a fine of not less than five hundred, and not more than two thousand dollars, upon indictment or presentment before the proper court, to be paid, one-half to the informer, and the other half to the Nation or Tribe, into the country whereof such introduction was effected or attempted, and be imprisoned not less than three months, nor more than one year.

Introducing liquors into the Indian Territory.

Duties of Superintendents, Agents, &c.

Searches and seizures.

Forfeiture.

Liquors may be distrained.

        SEC. 41. And be it further enacted, That if the Superintendent of Indian Affairs, or the agent for any Nation or Tribe, or any Commanding officer of a military post, or any judge or commissioner of a court of the Confederate States is informed, or has reason to suspect, that any person whatever has introduced, or is about to introduce, any spirituous or intoxicating liquors or mixtures, or any wine, into any part of the Indian country, in violation of this Act, it shall be the duty of such superintendent, agent, officer, judge or commissioner, in accordance with such regulations as may be established by the President of the Confederate States, to cause the houses, stores, boats, wagons, carriages, packages and other places of deposit of such person to be searched; and if any such liquors, mixtures or wine are found, all the goods of such person of which they form a part, the boats on which they are found, the wagons, carriages and packages conveying or containing the same, to an amount not exceeding twenty times the value

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of the said liquors, mixtures and wine, shall be seized and delivered to the proper officer, and be proceeded against by libel in the proper court, and forfeited to the use of the Nation or Tribe into which the same is introduced, or attempted to be introduced; and if the person offending is a licensed trader, his license shall be forthwith revoked, and suit instituted on his bond. And it shall, moreover, be lawful for any person in the civil or military service of the Confederate States, or for any Indian, a member by birth, adoption or otherwise, of any Indian Nation or Tribe, to take and destroy any such liquors, mixtures or wine found in the Indian country in violation of this Act.

Punishment for selling liquors under fraudulent pretences.

        SEC. 42. And be it further enacted, That if any licensed trader, or any other person (other than a member by birth, adoption, or otherwise, of any Indian Nation or Tribe) shall, within the limits of such Nation or Tribe, sell, under the pretense of a gift, or otherwise, to any Indian, or exchange or barter with any Indian, of either sex, and of full or mixed blood, any intoxicating liquor or mixture, or any wine, in any quantity, large or small, such person shall, on conviction thereof, upon indictment, be punished by fine of not less than five hundred dollars, and imprisoned not less than ten days nor more than six months, which fine shall be paid, one-half to the informer and the other half to the Nation or Tribe, as other fines.

Proceedings against property seized.

        SEC. 43. And be it further enacted, That when goods, liquors or other articles whatever are seized for any violation of this Act, they shall be proceeded against in the manner directed to be observed in the case of goods, wines or merchandize brought into the Confederate States in violation of the Revenue Laws.

Penalty for manufacturing liquors in the Indian Country.