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COL. GEORGE WASHINGTON FLOWERS MEMORIAL COLLECTION
DUKE UNIVERSITY LIBRARY DURHAM. N. C.
PRESENTED BY
W. W. FLOWERS
Digitized by the Internet Arciiive in 2010 witii funding from Duke University Libraries
http://www.arcliive.org/details/militarylawsofcoOOconf
c
MILITARY LAWS
OF THE
CONFEDERATE STATES,
EMBRACING ALL THE
LEGISLATION OF CONGRESS APPERTAINING TO MILITARY AFFAIRS FROM THE FIRST TO THE LAST SESSION INCLUSIVE,
WITH A COPIOUS INDEX.
*i' ^«<»i» 1^
J. W. RANDOLPH:
121 MAIN STREET, RICHMOND, VA., 1803.
Entered according to Act of Congress in the year 1862, by
J, W. RANIDOLFH,
In the Clerk's Office of the District Court, of the Confederate States of America for the
Eastern District of Virginia.
FRANKLIN" 8TEAM PRINTING HOUSE, /. t. TOOM A CO , PROPRIETORS.
1868.
/^ •
:; '
/ ^^ ■■•■• MILITARY LAWS.
An Act to Provide Munitions of War and for other purposes.
Section 1. Be I't enacted by the Confederate States of America in Congress Assembled^ That the President, or the Secretary of War under his direction, is hereby autliorized and empowered to make contracts for the purchase and manufacture of heavy ordnance and small arms ; and of machinery for the manufacture or alteration of small arms and munitions of war ; and to employ the neces- sary agents and artisans for these purposes; and to make con- tracts for the establishment of pOwdor mills and the manufjicture of powder ; and the President is authorized to make contracts provided for in this act, in such manner and on such terms as in his judgment the public exigencies may require.
Approved February 20, 186 1.
An Act for the Establishment and Organization of a General Staff for the Arniy of _the Confederate States of America.
Section 1. The Congress of the Confederate States of America do enact, That from and after the passing of this act, the general staff of the army of the Confederate States shall consist of "an Adjutant and Inspector-General's Department, Quartermaster (Ten- eral's Department, Subsistence Department, and the Medical De- partment.
Sec 2. Be it further enacted, That the Adjutant and Inspeetor General's Department shall consist of one Adjutant and Inspe(t(»r 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.
Sec. 3. Be it further enacted, That the Quartermaster General's Department shall consist of one Quartermaster General with the rank of colonel, six Quartermasters with the rank of major; and as many Assistant Quartermasters as may from time to time he required by the service may be detailed by the War Departm< nt from the subalterns of |lie line, who, in addition to tlhir pay in 'lie line, shall receive twenty dollars per month while engaged in lltat
5>71 R^h9. '
4 MILITARY LAWS OF THE
service. The quartermasters herein provided for shall also dis- charge the duties of Paymasters, under such regulations as may be prescribed by .the Secretary of War. -
Sec. 4. Be it further enacted^ ■■ 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 re- quired 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 sliall be- subject to^ duties in both departments at the same time, but shall not receive the additional compensation but in one department.
Sec. 5. Be it further enacted, That the Medical Department shall consist of one Surgeon General with the rank of colonel, four Sur- geons with the rank of major, and six Assistant Surgeons with the rank of captain ; and as many Assistant Surgeons as the service may require may be employed by the Department of War, and receive the pay of assistant surgeons.
Sec. 6. Be it further enacted, That the officers of the Adjutant General's, Quartermaster General's, and Commissary General's De- partment, 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.
Sec. 7. Be it further enacted, That the staff officers herein pro- vided 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.
Approved February 26, 1861.
An Act to raise Provisional Forces for the Confederate States of America, and for other purposes.
Section 1. The Congress of the Confederate States of America do enact, That to enable the government of the Confederate States to maintain its jurisdiction over all questions of peace and war, and to provide for the public defence, the President be and he is here- by authorized and directed to assume control of all military ope- rations in every State, having niference to or connection with ques- ti(jns between said States, or any of them, and powers foreign to tiiem.
CONFEDERATE STATES. 5
Sec. 2. And be it further enacted, That the President is hereby authorized to receive from the several States the arms and miini- tions of war which have been acquired from the United States, and which are now in the forts, arsenals and navy yards, of the said States, and all other arms and munitions which they may desire to turn over and make chargeable to this government.
Sec. 3. Be it further enacted^ 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 volun- teer, by consent of their State, in such numbers as he may require, for any time not less than twelve months, unless sooner discharged.
Sec. 4. Be it further enacted, 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.
Sec. 5. Be it further enacted, That said forces, when received into the service of this government, shall have the same pay and allowances as liiay be provided by law for volunteers entering the service, or for the army of the Confederate States, and shall be subject to the same rules and government.
Approved February 28, 1861.
An Act to provide for the Public Defence.
Section 1. The Congress of the Confederate States of America do enact, That in order to provide speedily forces to repel invasion, maintain the rightful possession of the Confederate States of Amer- ica in every portion of territory belonging to each State, and to secure the public tranquility 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 huiadred thousand, who may offer their services, either as cavalry, mounted riflemen, artillery, or in- fantry, in such proportion of these several arms as he may deem expedient, to serve for twelve months after they shall be mustered into service, unless sooner discharged.
Sec. 2. And be it further enacted, That the militia, when called into service by virtue of this actor 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 mus- tered into service, unless sooner discharged.
71858
6 MILITARY LAWS OF THE
Sec. 3. And be. it further enacted, That said volunteers shall furnish their own clothes, and, if mounted men, their own horses and horse equipments ; and when mustered into service, shall be armed by the States from which they come, gr by the Confederate States of America.
Sec. 4. And be it further enacted, That said volunteers shall, when called into actual service, and while " remaining therein, be subject to the rules and articles of war, and instead of clothing, every non- commissioned officer and private in any company shall be entitled, when called into actual service, to money in a sum equal to the cost of clothing of a non-commissioned officer or private in the reg- ular army of the Confederate States of America.
Skc. 5. And be it further enacted, That the said volunteers so offering their services may be accepted by the President in compa- nies, squadrons, battalions, and regiments, whose officers shall be appointed in the manner prescribed by law in the several States to which they shall respectively belong ; but when inspected, mustered, and received into the service of the Confederate States, said troops shall be regai-ded in all respects as a part of the army of said Con- federate States, according to the terms of their respective enlist- ments.
Sec. 6. And be it further enacted, 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, brigades into divisions, whenever in his judgment such organization may be expedient; and whenever brig- ades 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 re- spective States from which the volunteers shall tender their servi- ces, as he may deem proper.
Sec. T. And be it further enacted, That whenever the militia or volunteers are called and received into the service of the Confeder- ate States, under the provisions'of this act, they shall have the same organization, and shall have the same pay and allowances as maybe provided for the regular army ; 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 vol- unteer 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 apprais- ed value at the date of muster into service.
Sec. 8. And he it further enacted. That the field and staff officers of a separate battalion of volunteers shall be one lieutenant-colonel
<30NFEDERATE STATES. 7
* nli.J"»r, one adjutant with the rank of lieutenant,. one sergeant- major, ' e quartermaster-sergeant, and a chief bugler or principal musician, according to corps; and that each company shall be entitled to an additional 2d lieutenant ; and that the Presidenr may limit the privates in any volunteer company, according to his discre- tion, at from sixty-four to one hundred.
Sec. 9. And be if further enacted, That when volunteers or mi- litia are called into the service of the Confederate States in such numbers that the officers of the quartermaster, commissary, and medical departments, which may be. authorized by law for the reg- ular service, are not sufficient to provide for the supplying, quar terihg, transporting, and furnisliing them with the requisite medi- cal attendance, it shall be lawful for the President to appoint, with the advice and consent of the Congress, as many additional officci^s of said departments as the service may require, not exceeding one commissary and one quartermaster for each brigade, with the rank of major, and one assistant quartermaster with the rank of cap- tain, one assistant commissary with the rank of captain, one suf- geon and one assistant surgeon for each regiment ; the said quar- termasters and commissaries, assistant quartermasters and commis- saries, to give bonds with good sureties for the faithful performance of their duties, the said officers to be allowed the same pay and emoluments as shall be allowed to officers of the same grade in the regular service, and to be subject to the rules and articles of war, and to continue in service only so long as their services may be re- quired in connection with the militia or volunteers.
Skc. 10. And be it further enacted. That the President be and he is hereby authorized to purchase or charter, arm, equip, and man such merchant vessels and steamships, or boats, as may be found fit or easily converted into armed vessels, and in such number as he may deem necessary for the protection of the sea-board and the general defence of the country.
Approved March 6, 1861.
An Act for the establishment and organi:^ation of the Army of the Confederate States of America.
Section 1. The Congress of the Confederate States of America do enact, 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 infan- try, one regiment of cavalry, ^nd of the staff departments already established hy law. '
Sec. 2. The corps of engineers shall consist of one colonel, four majors, five captains, and one company of sappers, miners, and pon-
8 MILITARY LAWS OF THE
toniers, which shall consist of ten sergeants or master workmen, U^n corporals or overseers, two musicians, and thirty nine privates of the first class, or artificers, and thirty-nine privates of the sec- ond class, or laborers, making in all one hundred.
Sec. 3. 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 necessa- ry for the service, and shall be instructed in and perform all the duties of sappers, miners, and pontoniers, and shall, moreover, mi- der the orders of the chief engineer, be liable to serve by detach- ments in overseeing and aiding laborers upon fortifications or oth- er works, under the engineer department, and in supervising finish- ed fortifications, as fortkeepers, preventing injury and making re- pairs.
Sec. 4. It shall be the duty of the colonel of the engineer corps, subject to the approval of the Secretary of War, to prescribe the number, quantity, form, dimensions, &;c., of the necessary vehicles, arms, pontons, tools, implements, and other supplies for the ser- vice of said company as a body of sappers, miners, and pontoniers.
Sec. 5. 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 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 com- panies as he may deem expedient, not exceeding four in time of peace.
Sec. 6. Each regiment of infantry shall consist of one colonel, one lieutenant-cf)lonel, one major and ten companies ; each compa- ny shall consist of one captain, one first lieutenant, two second lieu- tenants, 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.
Sec. 7. The regiment of cavalry shall consist of one colonel, one licutcnant-oolonel, one major, and ten companies, each of which shall consist of one captain, one first lieutenant, two second lieu- tenants, four sergeants, four corporals, one farrier, one blacksmith, two musicians, and sixty privates. There shall also be one adjutant and one ser<^eant-Tnaj()r, to be selected as aforesaid.
Sec. 8. There shall be four brigadier-generals, who shall be as- signed to such commands and duties as the President may specially
CONFEDERATE* STATES. 9
direct, and shall be entitled to one aid-de-camp each, to be selected from the subalterns of the line of the army, who, in addition to their duties as aids-de-camp, may perform the duties of assistants adjutant-general.
Sec. 9. All officers of the army shall be appointed by the Pres- ident, 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 rcinilations as may be estab- lished.
Sec. 10. No ofiicer sliall 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 judg- ment necessary for the public interest.
Sec. 11. All vacancies in established regiments and corps, to and including the rank of colonel, shall be filled by promotion accord- ing to seniorityj except in case of disability or other incompetency. Promotions to and including the rank of colonel shall be made reg- imentally in the infantry and cavalry, in the staff* departments, 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.
Sec. 12. The President of the Confederate States is hereby au- thorized to appoint to the lowest grade of subaltern officers such meritorious non-commissioned officers as may, upon the recom- mendation of their colonels and company officers, be brought be- fore an army board, specially convened for the purpose, and found qualified for the dutiea of commissioned officers, and to attach them to regimeiils or corps, as supernumerary officers, if there be no va- cancies : Provided, There shall not be more than one so attached to any one company at the same time.
Sec. 13. The pay of a brigadier-general shall be three hundred and one dollars per month. The aid-de-can^p of a brigadier-general, in addition to his pay as lieutenant, shall receive thirty-five dollars per month.
Sec. 14. The monthly pay of the officers of the corps of engi- neers shall be as follows : of the colonel, two hundred and ten dol- lars ; of a major, one hundred and sixty -two dollars ; of a captain, one hundred and forty dollars; lieutenants serving with the com- pany of sappers and miners shall receive the pay of cavalry offi- cers of the same grade.
Sec 15. The monthly pay of tiie colonel of the corps of artil- lery shall be two hundred and ten dollars; of a lieutenant-col<Miel, one hnndred and eighty-five dollars; of a major, one hundred and
10 MILITARY LAWS OP THE
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 lieu- tenant, ten dollars per month. Officers of artillery serving in the light artillery, or performing ordnance duty, shall receive the sajne pay as officers of cavalry of the same grade.
Sec. 16. 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 ma- jor, one hundred and fifty dollars ; of a captain, one hundred and thirty dollars; of a first lieutenant, ninety dollars; of a second lit'utenant, eighty dollars ; the adjutant in addition to his pay as lieutenant, ten dollars.
Sec. 17. The monthly pay of the officers of the cavalry shall be as follows : of a colonel, two hundred and ten dollars ; of a lieu- tenant colonel, one hundred and eighty-five dollars ; a major, one liundred and sixty-two dollars; a captain, one hundred and forty dollars; a first lieutenant, one hundred dollars; a second lieuten- ant, ninety dollars ; the adjutant, ten dollars per month, in addition to his pay as lieutenant.
Sec .18. The pay of the officers of the general staflf", 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 an 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 grade, shall be two liundred 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.
Sec. 19. "There shall be allowed, in addition to the pay hereinbe- fore 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 <»r 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 ;illowance to every general officer commanding in chief a separate army actually in the field, of one hundred dollars.
Sec. 20. The pay of officers as hereinbefore established shall be in full of all allowances except forage, fuel, quarters, and traveling expenses while traveling under orders. The allowance of forage,
CONFEDERATE STATES. 11
fuel, and quarters, shall be fixed by regulations and shall be furnish- ed in kind, except when officers are serving j£t stations without troops, where public quarters cannot be had, in which case they may be al- lowed, in lieu of forage, eight dollars per month for each horse to which they may be entitled, provided they are actually kept in ser- vice and mustered, and quarters may be commuted at a rate to be fixed by the Secretary of War, and fuel at the market price deliv- ered. An officer when traveling under orders shall be allowed mileage at the rate of ten cents per mile.
Sec. 21. In time of war, officers of the army shall be entitled to draw forage for horses, according' to grade, as follows : A brig- adier-general, four ; the adjutant and inspector-general, quartermas- ter-general, commissary-general, and the colonels of engineers, ar- tillery, 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 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 arc actually kept in service and mustered. No enlisted man in the service of the Confederate States shall be employed as a servant by an officer of the army. •
Sec. 22. The m'onthly 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, or laborers, and musicians, thirteen dollars. The sergeant-major of cavalry, twenty-one dollars; first-sergeants, twenty dollars; ser- geants, seventeen dollars ; corporals, farriers and blacksmiths, thir* teen dollars ; musicians, thirteen dollars ; and privates, twelve dollars. Sergeants- major of artillery and infantry, twenty -one dollars; first sergeants, twenty dollars each; sergeants, 17 dollars; corporals and artificers, thirteen dollars ; musicians, twelve dol- lars ; and- privates eleven dollars each. The non-commissioned officers, artificers, musicians, and privates serving in light batte- ries, shall receive the same pay as those of cavalry.
Sec. 23, The President shall be authorized to enlist as many mas- ter armorers, master carriage-makers, master black-smiths, armor- ers, carriage-makers, black-smiths, artificers, and laborers, for ord- nance 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 black- smith, shall be thirty-four dollars per month; armorers, carriage
-fO MILITARY LAWS OF THE
makers, and blacksmiths, twenty doMnrs per month ; artiHccrs, venteen dollars, and laborers, thirteen dollars per month. Sec. 24. Each enlisted man of the army of the Ci>iiro(Jcratc States shall receiNO one ration per day, and a yearly allowance of clothing, the quantity anrl kind of each to be established by reg- ulations from the War Department, to be apprcjved by tlie Presi- dent.
Skc. 25. Rations shall generally be issued in kind, but under eireum stances rcnderino; a commutation necessary, the commn- tation viilue of the ration shall be fixed by regulations of the War De|)artnacnt, to be approved by the Pi-esident.
Skc. 2(5. The officers appointed in the army of the Confederate Suites by virtue of this act, shall perform all military duties to which they may be severally assigned by authority of the Presi- dent, and it shall be the duty of the Secretary of War to prepare and j)iiblish regulations, prescribing the details of every depart- ment ii^the service, for the general government of the army, which regulationsshallbeappp'^'"^ i.\ iIi.' Pi-..<l<l..nt .ni.l ult.n -m approved shall be binding.
Sec. 27. All ofllcers of tln' 4uarteriaastei"sand ct>mmi.ssary de- partments shall, previous to entering on the duties of their respec- • tive offices, give bonds with good and. sufficient sureties to the Con- lederate SUites, in such sum as the Secretary of War shall direct, fully to account for all muneys and public property which they %. may receive.
Sec. 28. Neither the quartermaster-general, the commissary-gen- eral, nor any or either of their assistants, shall be concerned, di- rectly or indirectly, in the purchase or sale of any articles, intend- ed for, making a part <jf, or appertaining to public supplies, except for and on aoer)unt of the Confederate States ; nor shall they, er either of then), take or apply to his or their own use any gain or emolument for negotiating any business in their respective depart- ments, other than what is or may be allowed by law.
Sec. 29. 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 sul)stituted therefor; and except that the articles of war numbers sixty-one and sixty-two are hereby abrogated, and the following articles substituted therefor:
Article G1. Officers having brevets or commissions of a prior
fc ^ date to those of the corps in which tiiey serve will take place on
J^'courts-martial or "of inquiry, and on boards <letailed for military
^^ purposes, when composed of different corps, according to the ranks
given them in their brevet or former commissions, but in the regi-
CONFEDERATE STATES. 13
ment, corps, or company to which such officers belong, thoy shall do duty and take rankj both in courts, and on boards as aforesaid, which shall be composed of their own corps, according to the com- mission 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 or- ders for what is needful for the service, unless otherwise directed by the President of the Confederate States in orders of special as- signment providing for the- case.
Sfx'. 30. The President shall call into the service of the Confed- erate States only so many of the troops herein provided for as he may deem the safety of the Confederacy may require.
Sec. ,31. All laws or parts of laws .of the United States, which have been adopted by the Congress of the Confederate States, re- pugnant to or inconsistent with this act, are hereby repealed.
Apjpkoved March 6, 18()1.
An Act making appropriations for the support of Thre^ Thousand Men for twelve months, to be called into service at Charleston, South Carolina, under the third and fourth sections of an Act of the Congress "To raise Provisional Forces for the Confederate States of America and for other purposes."
Section 1. The Congress of the Confederate States of America do enact, That the following appropriations be made for the support of the provisional troops called into service by the act aforesaid : Pay of the troops, six hundred and fifty-eight thousand six hundred and eighty dollars. Forage for officers' horses and quartermaster's animals and eavalry horses, twenty thousand six hundred and sixty- two d(»llars. Subsistence for troops, two hundred and seventy thou- sand dollars. Clothing for the troops, two hundred thousand dol- lars. Camp and garrison equipage, eighteen thousand two hundred and sixty -seven dollars and seventy-two cents. Supplies for the quartermaster's department, seventy-six thousand one hundred and sixty dollars. Fuel for troops and hospitals, fifty-nine thousand nine hundred and ninety-seven dollars; medical and hospital de- partment, twenty thousand dollars.
Sec. 2. And be it further enacted, That the additional sum of eight hundred and sixty thousand two hundred and twenty-eight dollars and forty-(ive cents is hereby appropriated for the support of two thousand additional troops to be called into the service of the Confederate States for twelve mcniths, at Charleston, South
14 MILITARY LAWS OF THE
Carolina, whenever, in the discretion of the President, their servi- ces may be required.
Approved March 11, 1861.
^, he
An Act amendatory of an Act for the organization of the Staff Departments of the Army, and an Act for the establishment and organization of the Army of the Confederate States of America.
Section 1. The Co7igres^ of the Confederate States of America do e?iact, That the adjutant and inspector-general's department shall consist of two assistant adjutants-general with the rank of lieuten- ant-coloiiol, two assistant adjutants-general with the rank of major, and four assisUtnt adjutants-general with the rank of captain.
Skc. 2. Be it further enacted, That there shall be added one brigadier-general to those heretofore authorized by law, and that any one of the brigadier-gc^ierals of the army of the Confederate States may be assigned to the duty of adjutant and inspector-gen- eral, at the discretion of the President.
Sec. 3. Be it further enacted, That the quarter-master-general's department shall consist of one quartermaster-general with the rank of colonel, one tissistant 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.
Sec. 4. Be it further enacted, That the commissary-general's de- partment shall consist of one commissary-general with the rank of 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 suljalterns of the line, who, in ad- dition to their pay in the line, shall receive twenty dollars per month while engaged in that service.
Sec. 5. Be it farther enacted, That in all cases of officers who have resigned, or who may within six months tender their resigna- tions from the army of the United States, and who have been or may be appointed to original vacancies in the army of the Confed- erate States, the commissions issued shall bear one, and the same date, so that the relative rank of officers of each grade shall be de- termined by their former commissions in the United States army, held anterior to the secession of these Confederate States from the
nited States.
Sec 6. Be it further enacted, That every officer, non-commis- sioned officer, musician and private, shall take and subscribe the
CONFEDERATE STATES. 15
following oath or affirmation, to-w it : I, A. B., do solenmnly 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. .
Sec. 7. Be it further enacted^ That all laws and parts of laws militating against this act be and the same are hereby repealed.
Approved March 14, 1861.
An Act to provide for the appointment of Chaplains in the Army.
Section 1. The Congress of the Confederate States of America do enact, That there shall be appointed by the President such num- ber of chaplains, to serve with the armies of the Confederate States during the existing war, as he may deem expedient ; and the Pres- ident shall assign them to such regiments, brigades, or posts as he may' deem necessary; and the appointments made as aforesaid shall expire whenever the existing war shall terminate.
Sec. 2. The monthly pay of said chaplains shall be eighty-five dollars ; and said pay shall be in full of all allowances whatever. Approved May 3, 1861.
An Act providing for "sl Regiment of Zouaves in the Army of
the Confederate States.
Section 1. The Congress of the Confederate States of America do enact, 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 compa- nies ; and each company shall consist of one captain, one first lieu- tenant, two second lieutenants, one sergeant-major, one quartermas- ter's-sergeant, four sergeants, eight corporals, and ninety pri- vates. And to the regiment there shall be attached one adjutant and a quartermaster, to be selected from the lieutenants. And one assistant surgeon i^hall be appointed for the regiment, in addi- tion to those already authorized by law for the medical depart- ment. The monthly pay of the officers of the regiment of Zou- aves shall be the same as that of officers of infontry 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 lieu- tenants. The monthly pay of the enlisted men of said regiment
16 MILITARY LAWS OF THE
of Zouaves shall be as follows: sergeants-major and qiiartormas- ter's-sergeants, twenty dollarg ; sergeants, seventeen dollars ; cor- porals, thirteen dollars ; and privates eleven dollars each ; together with the same rations and allowance for clothing as are received by all other enlisted men. Approved May 4. 1861.
An Act to raise an additional Military- Force to serve 'during the
War.
Section 1. The Congress of the Confederate States of America do enact, That in addition. to the volunteer force authorized to be raised under existing laws, the President be and he is hereby au- thorized to accept the services of volunteers who may offer their services, without regard to the place of enlistment, either as cayal- ry, 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, unle'ss sooner discharged.
Sec. 2. That the volunteers so offering their services may be ac- cepted by the President in companies, to be organized by him in- to squadrons, battalions, or regiments. The President shall ap- point all the 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.
Sec. 3. That any vacancies 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 com- panies; and any vacancies occurring in the officers of such com- panies shall be filled by elections in accordance with the same rules.
Sec. 4. Except as herein differently provided, the volunteer for- ces hereby authorized to be raised shall in all regards be subject to auct organized in accordance with the provisions of 'An act to pro- vide for the public defence," and all other acts for the government of the armies of the Confederate States.
Approved May 8, 1861.
An Act to make further provision for the Public Defence.
Whereas, War exist-s between the United States and the Con- federate States; and whereas the public welfare may require the reception of volunteer forces into the service of the Confederate States, witlwut the formality and delay of a call upon the respec- tive Stnt(^s :
Section 1. The Congress of the Confed<rate States of America do enact, That' the President be authorized to receive into the ser- vice such companies, battalions, or regiments, either mounted or
CONFEDERATE STATES. 17
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 iis he may prescribe.
Sec. 2. Such volunteer forces who may be accepted under this act, except as herein differently provided, shall be organized in ac- cordance with and subject to all the provisions of the act entitled " An act to provide for the public defence," 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 direct, or ordered upon such independent or detach- ed service as the President may deem expedient ; provided, how- ever, that battalions and regiments may be enlisted from States not of the Confederacy, and the President may appoint all or any of the field officers thereof.
Sec. 3. The President shall be authorized to commission all offi- cers 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 voluitteer regiment, battalion, or company, the President may attach a supernumerary officer to each company, detailed from the regular army for that purpose, and for such time as the President may direct.
Approved May 11, 1861.
An Act to amend "An Act to provide for the Public Defence," approved March 6, 1861.
Section 1. The Congress of the Confederate States of America do enact, That the President may receive into the service of the Confederate States any company of light artillery, which by said act he is authorized to do, with such complement of officers and men, and with such equipments as to him shall seem proper ; any- thing in said act of the 6th of March, 1861, to the contrary, not- withstanding.
Approved May 10, 1861.
An Act recognizing the existence of War between the United ■y, States and the Confederate States ; and concerning Letters of Marque, Prizes, and Prize Goods.
Whereas, The earnest efforts made by this government to es- tablish friendly relations between the government of the United States and the Confederate States, and to settle all questions of disagreement between the two governments upon principles of right, justice, equity, and good faith, have proved unavailing by reason of the refusal of the government of the United States to hold any
A**
18 MILITARY LAWS OF THE
intercourse with the commissioners appointed by this government for the purposes aforesaid, or to listen to any proposals they had to make for the peaceful solution of all causes of difficulty between the two governments ; and whereas, the President of the United States of America has issued his proclamation making requisition upon the States of the American Union for seventy-five thousand men for the purpose, as therein indicated, of capturing forts and other strongholds within the jurisdictipn of and belonging to the Confederate States of America, and has detailed naval armaments upon the coasts of the Confederate States of America, and raised, organized, and equipped a large military force to execute the pur- pose aforesaid, and has issued his" other proclamation announcing his purpose to set on foot a blockade of the ports of the Confeder- ate States : and whereas, the State of Virginia has seceded from the Federal Union and entered into a convention of alliance offen- sive and defensive with the Confederate States, and has adopted the Provisional Constitution of the said States, and the States of Maryland, North Carolina,' Tennessee, Kentucky, Arkansas, and Missouri, have refused, and it is believed that the State of Dela- ware and the inhabitants of the territories of Arizona and New Mexico, and the Indian territory South of Kansas, will refuse to co-operate with the government of the United States in these acts of hostilities and wanton aggression, which are plainly intended to overawe, oppress and finally subjugate the people of the Confeder- ate States : and whereas, by the acts and means aforesaid, war ex- ists between the Confederate States and the government of the U- nited States, and the States and territories thereof, except the States of Maryland, North Carofina, Tennessee, Kentucky, Arkansas, Missouri, and Delaware, and the territories of Arizona and New Mexico, and the Indian territory South of Kansas : Therefore,
Section 1. The Congress of the Confederate ^States of America do enact, That the President of the Confederate States is hereby authorized to use the whole land and naval force of the Confeder- ate vStates to meet the war thus commenced, and to issue to private armed vessels commissions, or letters of marque and general re- prisal, in such form as he shall think proper, under the seal of the Confederate States, against the vessels, goods, and effects of the government of the United States, and of the citizens or inhabitants of the States and territories thereof : Provided, however, That prop- erty of the enemy (unless it be contraband of war) laden on board a neutral vessel, shall not be subject to seizure under this act : And provided further, That vessels of the citizens or inhabitants of the United States now in the ports of the Confederate States, except svich as have been since the 5th of April last, or may hereafter be, in the service of the government of the United States,
CONFEDERATE STATES. 19
shall be allowed thirty days after the publication of this act to leave said ports and reach their destination ; and such vessels and their ,' cargoes, excepting articles contraband of war, shall not be subject to capture under this act during said period, unless they shall have previously reached the destination for which they were bound on leaving said ports.
Sec. 2. That the President of the Confederate States shall be and he is hereby authorized and empowered to revoke and annul, at pleasure, all letters of marque and reprisal which he may at any time grant pursuant to this act.
Sec. 3. That all persons applying for letters of marque and re- prisal, pursuant to this act, shall state in writing the name and a suitable description of the tonnage and force of the vessel, and the name and place of residence of each owner concerned therein, and the intended number of the crew ; which statement shall be signed by the person or persons making such application, and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State.
Sec. 4. That before any commission or letters of marque and reprisal shall be issued as aforesaid, the owner or owners of the ship or vessel for which the same shall be requested, and the com- mander thereof for the time being, shall give bond to the Confed- erate States, with at least two responsible sureties not interested in such vessel, in the penal sum of five thousand dollars, or if such vessel be provided with more than one hundred and fifty men, then in the penal sum of ten thousand dollars, with condition that the owners, officers, and crew who shall be employed on board such commissioned vessel, shall and will observe the laws of the Con federate States, and the instructions which shall be given them ac-^ cording to la;w for the regulation of their conduct, and will satisfy all damages and injuries which shall be done or committed contra- ry to the tenor thereof, by such vessel during her commission, and to deliver up the same when revoked by the President of the Con- federate States.
Sec. 5. That all captures and prizes of vessels and property shall be forfeited and shall accrue to the owners, officers, and crews of the vessels by whom such captures and prizes shall be made, and on due condemnation had, shall be distributed according to any written agreement M'hich shall be made between them ; ^nd if there be no such written agreement, then one moiety to the owners and the other moiety to the officers and crew, as nearly as may be accord- ing to the rules prescribed for the distribution of prize ffiioney by the laws of the Confederate States.
Sec. 6. That all vessels, goods and efl^ects, the property of any citizen of the Confederate States, or of persons resident within and
20 MILITARY LAWS OF THE
ynder the protection of the Confederate -States, or of persons per- pianently within the territories and under the protection of any- foreign prince, government or State in amity with the Confederate^ States, which shall hare been captured by the United States, and which shall be re-captured by vessels commissioned as aforesaid, shall be restored to the lawful owners, upon payment by them of a just and reasonable salvage, to be determined by the mutual agree- ment of the parties concerned, or by the decree of any court hav- ing jurisdiction, according to the nature of the case, agreeably to the provisions established by law. And such salvage shall be dis- tributed among the owners, officers, and crews of the vessels com- missioned as aforesaid, and making such captures, according to any •written agreement which shall be made between them ; and in case of no such agreement, then in the same manner and upon the prin- ciples hereinbefore provided in cases of capture.
Sec. 7. That before breaking bulk of any vessel which shall be captured as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such captured vessel, goods or effects, shall be brought into some port of the Con- federate States, or of a nation or State in amity with the Confed- erate States, and shall be proceeded against before a competent tri- bunal; and after condemnation and forfeiture thereof shall belong to the owners, officers, and crew of the vessel capturing the same, and be distributed as before provided ; and in the case of all cap- tured vessels, goods and effects which shall be brought within the jurisdiction of the Confederate States, the district courts of the Confederate States shall have exclusive original cognizance thereof, as in civil causes of admiralty and maritime jurisdiction ; and the said courts, or the courts, being courts of the Confederate States, into which such cases shall be removed, and in which they shall be finally decided, shall and may decree restitution in whole or in part, when the capture shall have been made without just cause. And if made without probable cause, may order and decree damages and costs to the party injured, for which the owners and command- ers of the vessels making such captures, and also the vessels, shall be liable.
Sec. 8. That all persons found on board any captured vessels, or on board any re-captured vessel, shall be reported to the collector of the. port in the Confederate States in which they shall first ar- rive, and shall be delivered into the custody of the marshal of the district, or some court or military officer of the Confederate States, or of any State in or near such port who shall take charge of their safe keeping and support, at the expense of the Confederate States.
Sec. 9. That the President of the Confederate States is hereby authorized to establish and order suitable instructions for the bet-
-at CONFEDERATE STATES. 21
ter governing and directing the conduct of the vessels so commis- sioned, their officers and crews, copies of which shall be delivered by the collector of the customs- to the commanders, when they shall give bond as provided.
Sec. 10. That a bounty shall be paid by the Confederate States of $20 for each person on board any armed ship or vessel belong- ing to the United States at the commencement of an engagement, which shall be burnt, sunk, or destroyed by any vessel commis- sioned as aforesaid, which shall be of equal or inferior force, the same to be divided as in other cases of prize money ; and a boun- ty of $25 shall be paid to the owners, officers, and crews of the private armed vessels commissioned as aforesaid, for each and ev- ery prisoner by them captured and brought into port, and deliver- ed to an agent authorized to receive them, in any port of the Con- federate States ; and the Secretary of the Treasviry is hereby au- thorized to pay or cause to be paid to the owners, officers, and crews of such private armed vessels commissioned as aforesaid, or their agent, the bounties herein provided.
Sec. 11. That the commanding officer of every vessel having a commission or letters of marque and reprisal, during the present hostilities between the Confederate. States and the United States, shall keep a regular journal, containing a true and exact account of his daily proceedings and transactions with such vessel and the crew thereof; the ports and places he shall put into or cast anchor in y the time of his stay there and the cause thereof; the prizes he shall take and the nature and probable value thereof; the times and places when and where taken, and in what manner he shall dis- pose of the same ; the ships or vessels he shall fall in with ; the times and places when and where he shall meet with them, and his observations and remarks thereon ; also, of whatever else shall occur to him or any of his officers or marines, or be discovered by examination or conference with any marines or passengers of or in any other ships or vessels, or by any other means touching the fleets, vessels, and forces of the United States, their posts and pla- ces of station and destination, strength, numbers, intents, and de- signs ; and such commanding officer shall, immediately on his ar- rival in any port of the Confederate States, from or during the * continuance of any voyage or cruise, produce bis commission for such vessel, and deliver up such journal so kept as aforesaid, sign- ed with his proper name and hand-writing, to the collector or oth- er chief officer of the customs at or nearest to such port ; the truth of which journal shall be verified by the oath of the commanding officer for the time being. Andsuch collector or other chief offi'- cer of the customs shall, immediately on the arrival of such vessel, order the proper officer of the customs to go on board and take an
22 MILITARY LAWS OF THE ^
account of the officers and men, the number and nature of the guns, and whatever else shall occur to him on examination material to be known ; and no such vessel shall be permitted to sail out of port again until such journal shall have been delivered up, and a certifi- cate obtained under the hand of such collector or other chief officer of the customs that she is manned and armed according to her com- mission ; and upon delivery of such certificate, any former certifi- cate of a like nature which shall have been obtained by the com- mander of such vessel shall be delivered up.
Sec. 12. That the commanders of vessels having letters of marque and reprisal as aforesaid, neglecting to keep a journal as aforesaid, or willfully making fraudulent entries therein, or obliterating the record of any material transaction contained therein, where the interest of the Confederate States is concerned, or refusing to pro- duce and deliver such journal, commission or certificate, pursuant to the preceeding section of this act, then and in such cases the commissions or letters of marque and reprisal of such vessels shall be liable to be revoked ; and such commanders respectively shall forfeit for every such ofiense the sum of $1,000, one moiety there- of to the use of the Confederate States, and the other to the in- former.
Sec. 13. That the owners or commanders of vessels having let- ters of marque and reprisal as aforesaid, who shall violate any of the acts of Congress for the collection of the reveYiue of the Con- federate States, and for the prevention of smuggling, shall forfeit the commission or letters of marque and reprisal, and they and the vessels owned or commanded by them shall be liable to all the penalties and forfeitures attaching to merchant vessels in like cases.
Sec. 14. That on all goods, wares and merchandise captured and made good and lawful prizes of war, by any private armed ship liaving commission or letters of marque and reprisal under this act, and brought into the Confederate States, there shall be allowed a deduction of 33 1-3 per cent, on the amount -of duties imposed by law.
Sec. 1-5. That five per centum on the net amount (after deduct- ing all charges and expenditures) of the prize money arising from captured vessels and cargoes, and on the net amount of the salvage of vessels and cargoes re-captured by private armed vessels of the Confederate States, shall be secured and paid over to the col- lector or other chief officer of the customs, at the port or place in the Confederate States at which such captured or re-captured ves- sels may arrive, or to the consul or other public agent of the Con- federate States residing at the port or place not within the Confed- erate Stales at which such captured or re-captured vessel may ar-
CONFEDERATE STATES. 23
rive. And the moneys arising therefrom shall be held and are hereby pledged by the government of the Confederate States as a flmd for the support and maintenance of the widows and orphans of such pers(^>ns as may be slain, and i\)r the support and mainten- ance of such persons as may be wounded and disabled on board of the private armed vessels commissioned as aforesaid, in any en- gagement with the enemy, to be assigned and distributed in such manner as shall hereafter be provided by law. Approved May 6, 1861.
An Act to increase the Military establishment of the Confederate States, and to amend the "Act for the establishment and organi- zation of the Army of the Confederate States of America."
Section 1. The Conqress of the Confederate States of America do enact, That the President shall be authorized to raise and organ- ize, in addition tf> 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 in- fantry regiments, and to be entitled to the same pay and allowances provided for the same respectively.
Sec. 2. That the five general officers provided by existing laws 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 may specially direct, and shall be entitled to the same pay and allowan- ces as are provided for brigadier-generals, and to two aids-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.
Sec. 3. That the President be authorized, whenever in his judg- ment 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.
Sec. 4. That there be added to the quartermaster general's de- partment one assistant quartermaster general, with the rank of lieu- tenant colonel, and two quartermasters, with the rank of major ; and to the commissary general's department, oneassislant commis- sary, with the rank of major, and one assistant commissary, with the^-ank of captain; and to the m<'dieal department, six surgeons and fourteen assistant surgeons.
Sec. 5. That the President be, authorized to appoint as many military store-keepers, with the pay and allowances of a first lieu-
24 MILITARY liAWS OP THE ^
tenant of infantry, as the safe-keeping of the public property may require, not to execeed in all six store-keepers.
Sec. 6.. 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.
Sec. 7. That there may be enlisted for the medical department of the army, for the term already provided by law for other en- listed men, as many hospital Stewarts 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.
Sec, 8. That until a military School shall be established Yor the elementary instruction of officers for the army, the President shall be authorized to appoint csdets from the several States, in number proportioned to their representation in the House of Representa- tives, 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, and be competent for promotion at such time and under, such reg- ulations as. may be prescribed by the President, or hereafter es- tablished by law.
Sec. 9. 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 em- ployed, the rank corresponding to the staff*duties they are to perform.
Sec. 10. There shall be allowed and paid to every able-bodied man who shall be duly enlisted to serve in the army of the Confed- erate States, a bounty of ten dollars ; but the payment of five dol- lars of the said bounty shall be deferred until the recruit shall have been mustered into the regiment in which he is to serve.
Sec. 11. That the provision of the third section of the act of the Congress of the United States, making appropriations for the legislative, executive, and judicial expenses of the government for the year ending the thirtieth day of June, A. D., eighteen hundred and sixty-one, approved June twenty-third, eighteen hundred and sixty, which declares that no arms nor military supplies whatever, which are of a patented invention, shall be purchased, nor the right of using or applying any patented invention, unless the same shall be authorized by law, and the appropriation therefor explicitly set forth, that it is for such patented invention, (if of force within the Con- federate States,) shall be suspended in its operation for ^nd during the existing war.
Approved May 16, 1861.
CONFEDERATE STATES. 25
An Act to amend an Act entitled " An Act to provide for the ap- pointment of Cimplains to the Army," approved May third, eigh- teen hundred and sixty-one.
Section 1. The Congress of the Confederate States of America do enact, That so much of the second section of the above recited act as fixes the pay of chaplains in the army at eighty-five dollars be repealed, and that the pay of said chaplains be fi/ly dollars per mouth.
Approved May 16, 1861.
An Act to provide an Additional Company of Sappers and Bom- bardiers for the Army.
Section 1. The Congress of the Confederate States of America do enact, 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 lieutenaiits, 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 per- form all the duties of sappers and bombardiers, and shall, more- over, 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, asfortkeepers, preventing injury and making repairs.
Sec. 2. That it shall be the duty of the colonel of the engineer corps, subject to the approval of the Secretary of War, to prescribe the number, quantity, form, dimensions, &;c., of the necessary ve- hicles, arms, pontons, tools, implements, and other supplies for the service of said company as a body of sappers and bombardiers.
Sec. 3. 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 ctass 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 arc granted to all other enlisted men in the army.
Approved May 17, 1861.
26 MILITARY LAWS OF THE
An Act concerning the transportation of Soldiers and allowance for Clothing of Volunteers, and amendatory of the act for the establishment and organization of the Army of the Confederate States.
Section 1. The Congress of the Confederate States of America do enact, When transportation cannot be furnished in kind, the dis- charged soldier shall be entitled to receive ten cents per mile in lieu of all traveling pay, subsistence, forage, and undrawn clothing, from the place of discharge to the place of his enlistment or enrollment, estimating the distance by the shortest mail route, and if there is no mail route, by the shortest practicable route. The foregoing to apply to all officers, non-commissioned officers, musicians, artificers, farriers, blacksmiths, and privates of volunteers, when disbanded, discharged or mustered out of service of "the Confederate States; and it shall also apply to all volunteer troops, as above designated, when traveling from the place of enrollment to the place of general rendezvous or point where mustered into service : Provided, That nothing herein contained shall be so construed as to deprive the mounted volunteers of the allowance of forty cents a day for the use and risk of his horse, which allowance is made from the date of his enrollment to the date of his discharge, and also for every twenty miles' travel from the place of his discharge to the place of his enrollment.
Sec. 2. That the fourth section of the act of March 6, 1861, "To provide for the public defence," be amended as follows, viz : There shall be allowed to each volunteer, to be paid to him on the first muster and pay rolls after being received and mustered into the service of the Confederate States, the sum of twenty-one dollars, in lieu of clothing for six months ; and thereafter the same allow- ance in money at every subsequent period of service for six months in lieu of clothing : Provided, That the price of all clothing in kind received by said volunteers from the Confederate States govern- ment shall be deducted first from the money thus allowed ; and if that sum be not sufficient, the balance shall be charged for stoppage on the muster and pay rolls ; and that all accounts arising from contracts, agreements, or arrangements for furnishing clothing to volunteers, to be duly certified by the company commander, shall be paid out of the said semi-annual allowance of money.
Sec. 3. That the twenty-first section of the act for the organiza- tion of the army of the Confederate States be so amended as to allow to aids-de-camp and to adjutants forage for the same number of horses as allowed to officers of the same grade in the mounted service.
Approved May 21, 1861.
CONFEDERATE STATES. " 27
An Act to be entitled an Act to amend "An Act to raise an addi- tional Military Force to serve during the War. "
Section 1. The Congress of the Confederate States of America do enact, 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 command- ing officer of a regiment or battalion authorized by said act, to as- sign a subaltern of the line of the army to the duties of adjutant of said regiment or battalion.
Approved May 21, 1861.
An Act to authorize the President to confer temporary rank and command, for service with volunteer troops, on Officers of the Confederate army.
Section 1. The Congress of the Confederate States of America do enactf That the President shall be authorized to confer tempo- rary rank and command, for servic-e with voluntocr troops, on offi- cers of the Confederate army ; the same to be held without preju- dice to their positions in said army, and to have effect only to the extent and according to the assignment made in general order.
Approved May 21, 1861.
An Act to amend an act entitled "An Act recognizing the exist- ence of war between the United States and the Confederate States, - and concerning Letters of Marque, Prizes, and Prize Goods, approved May 6th, one thousand eight hundred and sixty-one.
Section 1. The Congress of the Confederate States do enact, That the tenth section of the above entitled act be so amended that, in addition to the bounty therein mentioned, the government of the Confederate States will pay to the cruizer or cruizers of any pri- vate armed vessel commissioned under said act, twenty per centum on the value of each and every vessel of war belonging to the ene- my, that may be sunk or destroyed by such private armed vessel or vessels, the value of the armament to be included in the esti- mate. The valuation to be made by a board of naval officers ap- pointed, and their award to be approved by the President, and the amount found to be due to be payable in eight per cent, bonds of the Confederate States.
Sec. 2. That if any person who may have invented or may here- after invent any new kind of armed vessel, or floating battery, or defence, shall deposit a plan of the same, accompanied by suitable
28 * MILITARY LAWS OF THE
explanations or specifications, in the navj department, together with an affidavit setting forth that he is the inventor thereof, such deposit and affidavit (unless the facts set forth therein shall be disproved) shall entitle such inventor or his assigns to the sole and exclusive enjoyment of the rights and privileges conferred by this act, reserv- ing, however, to the government, in all cases, the right of using such invention.
Approved May 21 1861.
An Act relative to Prisoners of War.
Section 1. The Congress of the Confederate States of America do enact, That all prisoners of war taken, whether on land or at sea, during the pending hostilities with the United States, shall be transfered by the captors, from time to time and as often as con- venient, to the Department of War ; and it shall be the duty of the Secretary of war, with the approval of the President, to issue such instructions to the Quartermaster G-eneral and his subordinates as shall provide for the safe custody and sustenance of prisoners of war ; and the rations furnished prisoners of war shall be the same in quantity and quality as those furnished to enlisted^men in the army of the Confederacy.
Sec. 2. That the eighth section of the act entitled "An act rec- ognizing the existence of war between the United States and the Confederate States, and concerning Letters of Marque, Prizes, and Prize Goods," shall not be so construed as to authorize the holding as prisonJ^s of war the officers or crew of any unarmed vessel, nor any passenger on such vessels, unless such passengers be per- sons eniployed in the public service of the enemy.
Sec. 3. That the tenth section of the above recited act shall not be so construed as to allow a bounty for prisoners captured on vessels of the enemy and brought into port, unless such prisoners were captured on board of an armed ship or vessel of the enemy of equal or superior force to that of the private armed vessel ma- king the capture.
Approved May 21, 1861.
Eesolutions in relation to the First Regiment of North Carolina
Volunteers. Resolved hy the Congress of the Confederate States of America, That the President be, and he is hereby, authorized to receive and muster, into the service of the Confederate States of America, the First Regiment of North Carolina Volunteers, now stationed at Yorktown, for the term of six months from the time they were sworn in and mustered into the service of North Carolina, and to
CONFEDERATE STATES. 29
^discharge tbem af\er the expiration of that period ; said period to commence at the time the first company of said regiment was mus- tered into the service of North Carolina.
Resolved, further, That the Cadets from the North Carolina In- stitute, at Charlotte, who may have been acting with said regi- ment, be mustered into service in the same manner as the residue of the regiment, and be recognized as part thereof, with the pay of privates.
Approved July 30, 1861.
Ak Act to make provision for the care of supplies for the sick and
wounded.
The Congress of the Confederate States of America do enacij That the Secretary of War shall forthwith appoint a clerk in the office of the Surgeon-General, to take charge of all Hospital sup- plies 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 the Medi- cal Department of the army ; the salary of the said clerk not to exceed one thousand dollars ; and the said clerk shall be author- ized, 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.
Approved August 2, 1861.
An Aot to amend an Act, entitled, " An act to make further pro- visions for the Public Defence," approved 11th May, 1861 ; and to amend an 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."
The Congress of the Confederate States of America do enact, That the third section of an act entitled "An act to make further provision for the public defence," approved 11th May, 1861, 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 Con- federate States," and to amend the " act for the establishment and organization of the army of the Confederate States of America,'* approved 16th May, 1861, be amended, by adding thereto the fol- lowing 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
30 MILITARY LAWS OP THE
such officer, who shall have the same rank and pay as if appointed from the army of the Confederate States. Approved August 3, 1861.
An Act to provide for an additional field officer to volunteer battalions, and for the appointment of Assistant Adjutants Gen- eral for the Provisional forces.
Sbction 1. Be it enacted by the Congress of the Confederate States of America, That the eighth section of the act of March 6th, 1861, "To provide for the public defence," 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 Pres- ident, to each battalion so constituted, two field officers, one with the rank of Lieutenant Colonel, and the other with the rank of Major.
Sec. 2. 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 Adju- tants-General in the regular army, and who shall receive the same pay and allowances according to their respective grades.
Approved August 2, 1861.
Ak Act to authorize advances to be made in certain cases.
The Congress of the Confederate States of America do enact. That the Secretary of War, with the approbation of the President, be authorized, during the existence of the present war, to make ad- vances upon any contract, not to exceed thirty-three and one-third per cent., for arms or munitions of war : Provided, that security be first taken, to be approved by the Secretary of War, for the performance of the contract, or for the proper accounting for the said money.
Approved August 5, 1861.
An Act to give aid to the people of the State of Missouri. Section 1. The Congress of the Confederate States of America do enact, That to aid the people of the State of Missouri in the ef- fort to maintain, within their own limits, the constitutional liberty which it is the purpose of the Confederate States in the existing war to vindicate, there shall be, and is hereby, appropriated out of any moneys in the Treasury not otherwise appropriated, one mil- lion of dollars, to supply clothing, subsistence, arms and ammuni-
CONFEDERATE STATES. 31
tion to the troops of Missouri who may co-operate with those of the Confederate States, during the progress of the existing war; said sum to be expended under the discretion of the President of the Confederate States, for the purposes aforesaid. Aprrovsd August 6, 1861.
An Act to provide for the construction of a newly invented imple- ment of war.
Whereas, Charles S. Dickinson alleges that he has invented a machine, generally known as * Winan's Gun,' whereby balls can be projected with such force, rapidity and precision as to render it a valuable implement of war, both in the Army and Navy. The Congress of the Confederate States of America do, therefore, enact, That the President be, and he is hereby, anthorized, in his discre- tion, to cause one machine of this description, calculated to throw balls measuring about three-fourths of an inch in diameter, and weighinnj about two ounces, to be constructed under the direction of .said Dickinson; Provided^ that the cost thereof "-^h-iH ix^f .'\<(>«^<1 five thousand dollars.
Approved, August 6, 1861.
Aw AcTt o authorize the President of the Confederate States to grant Commissions to raise Volunteer Regiments and Battalions, composed of persons who are, or have been, residents of the States of Kentucky, Missouri, Maryland and Delaware.
The Congress of the Confederate States of America do enact, That the President of the Confederate States be, and he is hcrel)y, authorized to grant commissions to oftieersabove the grade of Cn] tain, to such persons as he may think fit, to raise and commaiii Volunteer Regiments and Battalions for the service of the Confed- erate States, said Regiments and Battalif)ns to be composed of per- sons who are, or have been, residents of the States of Kentucky, Missouri, Maryland, or Delaware, and who have enlisted, or may enlist, under said ofTicers : upon the condition, however, that such officers shall not hold rank or receive pay, until such Regiments or Battalions have been raised and are mustered into service.
Approved August 8, 1861.
Ah Act further to provide for the Public Defence. Section 1. The Congress of the Confederate States of America do enact, That in order to provide additional forces to repoi inva- sion, maintain the rightful possession of the Confederate States of America, and to secure the independence of the Confederate States,
32 MILITARY LAWS OF THE
the President be, and he is hereby, authorized to employ the mili- tia, military and naval forces of the Confederate Sttates 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 soon- er discharged.
Sec. 2. That whenever the militia or volunteers are called and received into the service of the Confederate States, under the pro- visions of this act, they shall be organized under the act of the 6th of March, 1861, entitled "An Act to provide for the Public De- fence," with the same pay and allowances of said act, and the same time for the service of the militia.
Sec. 3. Nething 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.
Approved August 8, 1861.
An Act to provide for the appointment of Surgeons and Assistant Surgeons for Hospitals.
Section 1. The Congress of the Confederate States of America do enact^ That the President be, and he is hereby authorized to appoint in the Provisional Army as many Surgeons and Assistant Surgeons, for the various hospitals of the Confederacy, as may be necessary.
Approved August 14, 1861.
An Act to aid the State of Missouri in repelling invasion by the United States, and to authorize the admission of said State as a member of the Confederate States of America, and for other purposes.
Whereas, The people of the State of Missouri have been pre- vented by the unconstitutional interference of the Government of the United States, from expressing their will through their legally constituted authorities in regard to a Union with the Con- federate States of America, and aie now engaged in repelling a lawless invasion of their territory by armed forces ; and whereas, it is the right and duty of the Confederate States to aid the people and government of the said Stat© in resisting such invasion, and in securing the means and the opportunity of expressing their will
CONFEDERATB STATES. '
upon all questions affecting their rights and liberties : now, there- fore—
Section 1. The Congress of the Confederate States of America do enact. That the President of the Co- ^^ i ~- ^'^ ^ s of Ameri be and he is hen-])y authorized to co- u the militai
power of this Government with the authorities and the people of the State of Missouri in defend ingthi"^'^ linstalawless invasion 1 the Tnited States, and in niaiir. liberty and independeiu
of her people ; and that he be authorized and empowered, at his 'l' * n, to rcevive and muster into the service of the Con fed <; a '9, in the State of Missouri, such troops of that State .
may volunteer to serve in the army of the Confederate States, subject to the rules -.r ' ' '" '" i 1 army, and in accordance
with the laws of C<' ]»s may be received into
service by companies, battalions, or regiments, with their officers elected by the troops, and the officers so . ' * i shall be commis- sioned by the President; and when mi/ into service said c^jmpanies, battalions, or regiments may be attached to such brig- ades or divisions as the Pr< ' ' ' mine; and the Presi- dent shall have power to aj , for all battalions and regiments organized out of separate companies mustered into ser- vice, and to add to batt " ^icient number of separate com- panies to c(»mplete thcit ■ ^ m into regiments, and to appoint the additional field officers necessary for the cf)mplete organization of th(; regiments so formed ; and all vacancies that may occur among the commissioned officers of troops mustered into service under this act, shall be filled in the manner provided in the act en- titled "An act for the establishment and organization of the army of the Confederate States of America," approved sixth March, eigh- teen hundred and sixty-one.
Sec. 2. That the State of Missouri shall be admitted a member of the Confederate States of America, upon an equal footing with the oth(T States under the Constitution for the Provisional Govern- ment of the same, upon the condition that the said Constitution for the Provisional Government of the Confederate Stutes shall be adopted and r.atified by the properly and legally constituted author- ities of said State, and the Governor of said State shall transmit to the President of the Confederate States an authentic copy of the proceedings touching said adoption and ratification by said State <^>f said Provisional Constitution ; upon the receipt whereof, the Presi- dent, by proclamation, shall announce the fact; whereupon, and without any fiirther proceedings upon the part of Congress, th' ad- mission of said State of Missouri into this Confederacy, under said Constitution for the Provisional Government of the Confederate States, shall be considered as complete ; and the laws of this Con-
34 MILITARY LAWS OF THE
federacy shall be thereby extended over said State of Missouri as fully and completely as over other States now composing the same.
Sec. 8. That the Congress of the Confederate States recognize the government of which Claiborne F. Jackson is the chief magis- trate, to be the legally elected and regularly constituted Govern- ment of the people and State of Missouri; and that the President of the Confederate States be, and he is hereby empowered, at his discretion, at any time prior to the admission of the said State as a member of this Confederacy, to perfect and proclaim an alliance, offensive and defensive, with the said Government, limited to the period of the existing war between this Confederacy and the United States ; the said treaty or alliance to be in force from the date thereof, and until the same shall be disaffirmed or rejected by this Congress.
Approved August 20, 1861.
An Act to authorize payment to be made for certain Horses pur- chased for the Army, by Col. A. W. McDonald.
Section 1. The Congress of the Confederate States of America do enact. That the Secretary of War be, and he is hereby author- ized, to cause payment to be made to the vendors, upon an audit of the accounts, of certain horses, heretofore purchased, by order of Colonel Angus W. McDonald, to mount the men he was author- ized to raise by order of the President of the Confederate States ; and upon the payment of the said accounts, said horses shall become the property of the Government, and shall be subject to the control of the Quartermaster's department ; Provided, however, that the Quartermaster-General shall be, and he is hereby empowered, to permit said horses to remain in the possession of the volunteers who now have them, subject to the general law controlling cavalry troops, upon the written agreement of said volunteers that said horses will be paid for by them out of the allowances now made for cavalry troops.
Approved August 21, 1861.
An Act to provide for Local Defence and Special Service.
Section 1. The Congress of the Confedtrate States of America do enact, That the President be, and he is hereby authorized to accept the services of volunteers of such kind and in such propor- tion as he may deem expedient, to serve for such time as he may prescribe, for the defence of exposed places or localities, or such special service as he may deem expedient.
CONFEDERATE STATES. 35
Sec. 2. And such forces shall be mustered into the service of the Confederate States, for the local defence or special service aforesaid the muster roll setting forth distinctly the services to be performed • and the said volunteers shall not be considered in actual service until thereunto specially ordered by the President. And they shall be entitled to pay or subsistence, only for such time as tht^y may be on duty under the orders of the President or by his direc- tion.
Skc. 3. Such volunteer forces, when so .accepted and ordered into service, shall be organized in accordance with and subject to all the provisions of the act entitled " An Act to provide for the Public Defence," approved March sixth, 1861, and may be attached to such divisions, brigades, regiments, or battalions as the President may direct, and when not organized into battalions or regiments before being mustered into service, the President shall appoint the field officers of the battalions and regiments, when organized as such by him.
Approved Aunjust 21, 1861.
An Act to authorize the employment of Cooks and Nurses, other than enlisted men, or volunteers, for the military service.
Section 1. The Congress of the Confederate States of America do enacty That the better to provide for the sick and wounded*, the Secretary of War is authorized to direct the employment, when deemed necessary, of nurses and cooks, other than enlisted men, or volunteers, the persons so employed being subject to military control, and in no case to receive pay above that allowed to enlisted men, or .volunteers.
Sec. 2. That there be appropriated for the pay of the nurses and cooks, provided for in the above section, one hundred and thirty thousand dollars^
Approved August 21, 1861.
An Act making appropriation for Military Hospitals.
Section 1. The Congress of the Confederate States of America do enact, That the sum of fifty thousand dollars be, and the same is hereby appropriated out of any money in the Treasury, not oth- erwise appropriated, for the establishment and support of Military Hospitals, during the current fiscal year ending February eighteenth eighteen hundred and sixty-two.
Approved August 21, 1861.
*/?fe.
36 MILITARY LAWS 01' THE
A Resolution in relation to the Equipments of Volunteer Cavalry
Companies.
Resolved by the Congress of the Confederate States of Aonerica, That the Secretary of War be, and he is hereby authorized, in his discretion, to furnish to Volunteer Cavalry Companies, whose ser- vices are accepted for the war by the Confederate States, all nec- essary equipments.
Approved August 21, 1861.
An Act to increase the Corps of Artillery, and for other Purposes.
Section 1. The Congress of the Confederate States of America do enact, That there be added to the Corps of Artillery, Confeder- ate States Army, one Lieutenant-Colonel and two Majors, with the pay and allowances authorized by existing laws for those grades respr'ctively. V"
Sec. 2. That the President be, and he is hereby, authorized to appoint, in addition to the Storekeepers authorized by the fifth sec- tion of the Act of May sixtr^enth, eighteen hundred and sixty-one, "for the establishment and organization of the army of the Con- federate States," as many Military Storekeepers of Ordnance, with the pay and allowances of a Captain of Infantry, as the safe keep- ing of the public property may require, not to exceed in all four Storekeepers, who shall, previous to entering on duty, give bonds with good and suflficient security, in such sums as the Secretary of War may direct, fully to account for all moneys and public prop- erty, which they may receive.
Sec. 3. That the President be, and he is hereby, authorized, whenever in his judgment the interests of the service may require, and where ofl&cers of the army cannot be assigned to these duties, to appoint one or more Superintendents of Armories for the fabri- cation of small arms, 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 Pres- ident be also authorized to appoint two or more Master Armo- rers, with a salary not to exceed fifteen hundred dollars per annum, with allowance of quarters and fuel at the rate iixed for a Captain in the Army.
Sec. 4. That during the existing ^yar, the President may, as Commander-in-chief of the Forces, appoint, at his discretion, for his personal staff, two Aids de-camp, with the rank, pay, and allow- ances of a Colonel of Cavalry.
Sec. 5. That horeaftei-, there shall be allowed one additional ser- geant to (ach company in the service of the Confederate States,
CONFEDERATE STATES. 37
making in all five sergeants per company, who shall receive the same pay and allowances as are provided by existing laws for that grade.
Approved August 21, 1861.
An Act to establish a uniform rule of naturalization for persons enlisted in the armies of the Confederate States of America.
Section 1. The Congress of the Confederate States of America do enact, That every person not a citizen of one of the Confederate States engaged in the military service of the said Confederate States during the existing war against the United States of America, shall thereby, and whilst in such service, be under the protection of the Confederate States as fully as if he were a citizen thereof, the rights of a citizen being to such extent hereby conferred, and moreover shall have the right to become naturalized and to become a citizen of any one of the Confederate States, and shall thereby be entitled to all the rights and privileges of a citizen of said State of the Con- federate States upon taking an oath to support the Constitution of such State, and well and faithfully to serve the Confederate States of America, to maintain and support the Constitution and laws thereof, and to renounce all allegiance and obedience to any foreign Government, State, Sovereignty, Prince, or Potentate, and partic- ularly by name, the Government, State, Sovereignty, Prince, or Po- tentate of which he may be, or have been, a citizen or subject, and statins: which one of the Confederate States he intends to become a citizen of; but if the State in which the said applicant shall have resided next before his application shall afterwards become a nigm- ber of this Confederacy, the citizenship of said applicant shall re- main in said State at his election, notwithstanding proceedings un- der this act.
Sec. 2. The oath prescribed in the preceding section may be made by all persons below the rank of colonel, before the colonel or commanding officer of the regiment to which such persons may be attached ; and said oath may be made by colonels, and all offi- cers superior in rank to colonels, and by all persons enlisted in the military service of the Confederate States not attached to regiments, before any conmiissioned officer of the Confederate States of rank higher than that of colonel. And it shall be the duty of the Sec- retary of War to provide blank forms of the oath required to be taken as aforesaid, and to cause the same to be distributed whenever Necessary, and to make the regulations necessary for informing all persons now engaged in the military service of the Confederate States of the provisions of this act, and to cause all the oaths so taken as aforesaid to be returned to the War Department : And
38 MILITARY LAWS OF THE
it shall he further the duty of the Secretary of War to file for record, in the District Court of the Confederate States for the State and District where the Capital may be situated, all the oaths so re- turned to the War Department as aforesaid. And it shall be the duty of the Clerk of said District Court to record all oaths of nat- uralization filed with him as aforesaid, and to keep an index of the same ; for which service he shall be entitled to a fee of twenty-five cents for each naturalization oath, to be paid out of the public treasury in the same manner as his other fees of office. Approved August 22, 1861.
An Act to amend the second section of " An act concerning the transportation of soldiers and allowance for clothing of volun- teers, and amendatory of the * Act for the establishment and or- ganization of the Army of the Confederate States." '
Section 1. The Congress of the Confederate States of America do enacty That the Secretary of War be, and he is hereby, author- ized and required to provide, as far as possible, clothing for the entire forces of the Confederate States, and to furnish the same to every regiment or company upon the requisition of the commander thereof, the quantity, quality, and kind thereof to be established by regulation of the Department, to be approved by the President ; and, in case any State shall furnish to its troops and volunteers in the Confederate service such clothing, then the Secretary of War is required to pay over to the Governor of such State the money value of the clothing so furnished.
Sec. 2. The commander of every volunteer company shall have the privilege of receiving commutation for clothing at the rate of twenty-five dollars per man for every six months, when they shall have furnished their own clothing.
Approved August 30, 1861.
An Act to authorize the establishment of Recruiting Stations for Volunteers from the States of Kentucky, Missouri, Maryland, and Delaware.
Section 1, The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized to establish recruiting stations within the "Confederate States for the reception of Volunteers into the military service of the Confeder- ate iStjites, from among persons who arc, or have been, residents of the States of Kentucky, Missouri, Maryland, and Delaware.
Sec 2. That the President be authorized to grant commissions as captains to such persons as he may think fit to raise and com-
CONFEDERATE STATES. 39
mand companies to be composed of such volunteers ; upon the con- dition, however, that such officers shall not hold rank or receive pay until such companies have been raised and are mustered into service.
Sec. 3. Whenever such recruits shall amount to a snflicient number to be formed into companies, the President may diicctthe same to be so organized appointing all commissioned officers of the several companies in addition to the captains provided for in the preceding section. And such companies may be organized into regiments in bite ^nanner under the direction of the President.
Sec. 4. Until such recruits shall amount to a suflBcient number to be organized into companies, they shall receive no compensation except their clothing and rations.
Approved August 30, 1801.
An Act authorizing the President to inflict Retaliation upon the
Persons of Prisoners.
Whereas, The Government of the United States has placed in irons and lodged in dungeons citizens of the Confederate States acting under the authority of Letters of Marque, issued in accor- dance with the laws of the Confederate States, by the President thereof, aud have otherwise maltreated the same, and have seized and confined sundry other citizens of the said Confederate States, in violation of all principles of humane and civil.zed warfare : therefore —
Be it enacted by the Congress of the Confederate States of Amer- ica, That the President be, and he is hereby, authorized to select such prisoners taken from the United States, and in such numbers as be may deem expedient, upon the persons of whom he may inflict such retaliation, in such measure and kind, as may seem to him just and proper.
Approved August 30, 1861.
An. Act to amend an act entitled " An Act recognizing the exis- tence of War between the United States and the Confederate States, and concerning Letters of Marque, Prizes and Prize Goods," approved May sixth, eighteen hundred and sixty-one ; and an act entitled "An Act Regulating the Sale of Prizes and the Distri- bution thereof," approved May sixteenth, eighteen hundred and sixty-one.
Section 1. The Congress of the Confederate States of America do enact. That the seventh section of the first above recited act be
40 MILITARY LAWS OP THE
SO amended as to permit and authorize the breaking of bulk and the removal by the captors of the whole or any part of the goods found on board a captured vessel whenever such removal may be necessary for the safe carriage of such vessel iato port, and also, in all cnses where, by grounding or otherwise, the securing of the car- go 01- any part thereof may require the removal : Provided, That the person in command of the vessel making such capture shall, as soon as practicable, after landing the cargo or any part thereof, cause an exact inventory of the same to be made by the nearest magistrate, wherein shall be specified eacli and every article so landed, and the marks, if any thereon, and forward the same imme- diately to the Collector of the nearest port; the property so landed shall remain in the custody of such magistrate, and he shall retain possession thereof until the same can be delivered to the marshal j and the court before which such cargo shall be brought, in case the same be condemned, may allow such compensation to the magistrate as to the court may seem just and proper : And provided further j That when such removal shall be made for the purpose of lighten- ing over bars and shoals, and the goods removed shall, as soon there- after as practicable, be returned on board the prize vessel, the same may be carried to port as if no removal had been made ) and no de- livery, as provided in the preceding clause, to a magistrate, shall be required.
Sec. 2. That the first section of the last above recited act be »o amended as to allow the judge of a prize court, wherein any con- demnation may be had, to order and decree that the said vessel and the cargo, or any part thereof, may in his discretion, and to enhance the value thereof, be sold by the marshal of the adjoining Dis- trict, and at such place therein as he may designate : Provided, always, That the duties upon all dutiable goods shall be paid from the proceeds of sale.
Approved August 30, 1861.
An Act to authorize the appointment from Civil Life of Persons to
the Staffs of Generals.
The Confjress of the Confederate States of America do enact, That the President may, in his discretion, upon the application and recommendation of a General of the Confederate States Army, ap- point 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.
Approved August 31, 18G1.
CONFEDERATE STATES. 41
An Act providing for the appointment of Adjutants of Regiments and Legions, of the grade of Subaltern, in addition to the Siih- alterns attached to companies.
Section 1. The Congress^of the Confederate States of America do enact. That Adjutants of Regiments and Legions, may be appointed by the President, upon the recommendation of the Colo- nel thereof, of the grade of Subaltern, in addition to the Subaltern officers attached to companies, and said Adjutants, when so appointed, shall have the same rank, pay, and allowances as are provided by law to Adjutants of Regiments.
Approved August 31, 1H61.
An Act providing fjr the Reception and Forwarding of Articles sent to the Army by Private Contribution.
The Congress of the Confederate States of America do enact^ That the Secretary of War be authorized and required to make all necessary arrangements for the reception and forwarding of clothes, shoes, blankets, and other articles of necessity that may be sent to the Army by private contribution.
Approved August 31, 1861.
An Act to allow rations to Chaplains in the Army.
The Congress of the Confederate States of America do. enactj That Chaplains in the army be, and they aje hereby, allowed the same rations as privates.
Approved August 31, 1861.
A Resolution in relation to Drillmasters appointed by States.
Whereas, under the authority of some of the States, Drillmas- ters were attached to various regiments; And, whereas, such offi- cers are not recognized by the laws of the Confederate States, and consequently were not mustered into service ; And, whereas, sev- eral of such Drillmasters have nevertheless continued to do eflfec- tive service, voluntarily, with their respective regiments : There- fore—
Besolved, That such Drillmasters be granted an honorable dis- charge whenever they shall apply therefor.
Approved August 31, 1861.
Resolutions to provide Troops in the field with Bread and fresh
Provisions. Resolved hy the' Congress of the Confederate States of America, That the Secretary of War be, and he is hereby, directed to furnish
B**
42 MILITARY LAWS OF THE
to such of our troops in the field as desire it, upon requisition made, and whenever practicable, in lieu of the usual ration of flour, an equivalent of well baked bread ; to this end he is authorized to establish bakeries in such numbers and at such points as may be necessary, or to make contracts for the supply of such bread.
Resolvedj That a daily ration of fresh vegetables be furnished to all troops whenever the same can be provided at reasonable cost and charges to the government.
Approved August 31, 1861.
An Act to authorize the President to continue the appointments made by him, in the Military and Naval Service, during the recesses of Congress, or the last or present session, and to sub- mit them to Congress at its next session.
Section 1. The Congress of the Confederate States of America do enact, That the President be authorized to continue the appoint- ments made by him, in the Military and Naval Service, during the recesses of Congress, or during the last or present session, and to submit them to Congress at the commencement of its next session.
Approved September 3, 1861.
A Resolution for the relief of the *' Lumberton Guards," (Com- pany D,) Second Regiment North Carolina Volunteers.
Whereas, it appears that the Company of Volunteers known as Company D, of the Second Regiment of North Carolina Volun- teers, now serving at Sewell's Point, in Virginia, (having been or- ganized prior to the admission of the State of North Carolina into the Confederacy,) was enlisted for the period of six months only, and has been erroneously enrolled for the period of twelve months.
Resolved by the Congress of the Confederate States of America, That the President be, and he is hereby, authorized to discharge the said Company at the expiration of six months from the period when they were sworn in and mustered into the service of North Carolina, according to the terms of their enlistment as aforesaid.
Approved December 3, 1861.
An Act for the employment of Laundresses m Military Hospitals.
The Congress of the Confederate States of America do enact, That Superintendents of the different Military Hospitals be, and they are hereby, authorized to employ Laundresses for the sick and wounded soldiers, at such rates, and in such numbers, as may be prescribed by the War Department.
Approved December 7, 1861,
CONFEDERATE STATES. 43
An Act to authorize the appointment of one or more officers to aid the President to sign Commissions in the Army.
7%c Congrest of the Confederate Statt* of America do enact ^ That the President be, and he is hereby, authorized to delegate power to one or more officers, to be selected by him, to affix the signature of the President to Commissions in the Army.
Approved December 7, 1861.
An Act to authorize the appointment of Chief Buglers and Prin- cipal Musicians to Regiments in the Provisional Army.
The Congress of the Confederate States of America do enact ^ That the President be, and he is hereby, authorized to appoint a Chief Bugler, or Principal Musician, according to corps, to each Regiment in the Provisional Army.
Approved December 10, 1861.
An Act providing for the granting of Bounty and Furloughs to Privates and Non-Commissioned Officers in the Provisional Army.
Section 1. The Congresn of the Confederate States of America do enact, 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 subse- quent to 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.
Sec. 2. And be it further enacted, 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 ex- piration of their present term of service, volunteer or enlist for the next two ensuing years subsequent to the expiration of their pres- ent 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 dis- tance of each volunteer from his home: Provided, That in lieu of a furlough, the commutation value in money of the transportation
44 MILITARY LAWS OF THE
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.
Sec. 3. 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 said State, and who may hereafter volunteer or enlist in the service of the Confederate States under the provisions of the present Act.
Sec. 4. And be it further enacted, That all troops re-volunteef- ing or re-enlisting shall, at the expiration of their present term of service, have the power to re-organize themselves into companies and elect their company officers, and said companies shall have the power to organize themselves into battalions or regiments and elect their field officers ; and after the first election, all vacancies shall be filled by promotion from the company, battalion or regi- ment in which such vacancies may occur : Provided, That when- ever a vacancy shall occur, whether by promotion or otherwise, in the lowest grade of commissioned officers ot a company, said va- cancy shall always be filled by election : And Provided further, That in the case of troops which have been regularly enlisted into the service of any particular State prior to the formation of the Confederacy, and which have, by such State, been turned over to the Confederate Government, the ofiicers shall not be elected, but appointed and promoted in the same manner and by the same au- thority as they have heretofore been appointed and promoted.
Approved December 11, 1861.
An Act to establish the date from which the Commissions of cer- tain staff officers shall take effect.
Section 1. The Congress of the Confederate States of America Jo enact, That all Surgeons, Assistant Surgeons, Quartermasters, Commissaries, and Assistant Quartermasters and Commissaries, appointed and commissioned in the Provisional Army, and who may have commenced their service before receiving their commis- sions, shall be entitled to take rank and receive pay from the date when they actually commenced to perform their respective duties, with troops in the service of the Confederacy.
Approved December 18, 1861.
An Act for the Recruiting Service of the Provisional Army the Confederate States.
Section 1. The Congress of the Confederate States of America do enact, That the Secretary of War be, and he is hereby, authof-
CONFEDERATE STATES. 45
ized to adopt measures for recruiting and enlisting men for com- panies in service for the war, or three years, which, by the casual- ties of the service, have been reduced by death and discharges.
Sec. 2. And be it fvrther enacted, That the Secretary of War be, and he is hereby, ;authorized to detail the company commis- sioned officers for the above duty, in such numbers and at such times as, in his opinion, will best comport with the public service ; the officers thus appointed to enlist and recruit for their respective companies.
Approved December 19, 1861.
An Act to amend an Act entitled An Act to establish a Uniform Rule of Naturalization for persons enlisted in the Armies of the Confederate States of America.
Section 1. The Congress of the Confederate States of America do enact, That the provisions of the above recited Act be, and the same are hereby, extended to all persons, not citizens of one of the Confederate States, who are engaged in the naval service of the Confederate States, during the present war with the United States; Provided, however, That the oath therein prescribed may be ad- ministered by the Captain or other commanding officer of any na- tional ship, to all persons entitled to the benelit of this Act and at- tached thei-eto, and that the duties therein imposed upon the Sec- retary of War, in regard to persons in the military service, shall be performed by the Secretary of the Navy in i-efercnce to persons in the naval service.
Approved December 24, 1801.
An Act to provide for Corps of Engineers for the Provisional
Army.
The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized to appoint o - fleers of Engineers in the Provisional Army, to a number not ex- ceeding fitly, and of rank not higher than Captain, whose pay and emoluments shall be the same as those allowed for officers of a like grade in the Permanent "Army of the Confederacy, and whose appointments shall expire at the end of the pending war.
Approved December 31, 1861.
An Act to amend " An Act to authorize the President to confer temporary rank and command for service with volunteer troops, on «jffic( rs of the Confederate Army," approved May twenty ;its., (Mgrilefu uunuieG kriu siXu^ *»ije.
46 MILITARY LAWS OF THE
Section 1. Be it enacted by the Congress of the Confederate States of America, That the above entitled Act be so amended ttiat, in addition to the power therein granted, the President of the Confederate States be, and he is hereby, authorized to confer tem- porary rani^ and command upon officers of the Confederate Army on dutv in the 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 po- sitions in said Army.
Approved December 31, 1861.
Aw Act to provide for the payment of certain Indian Troops.
Seption 1. The Congress of the Confederate States of America do enact. That the proper Quartermaster in the Military Depart- ment of Indian Territory be authorized to pay the officers and men of the company of Creek Mounted Volunteers raised in the month of August, eighteen hundred and sixty one, by authority of the Commissioner of the Confederate States, for local purposes, at the North Fork Village, in the Creek country ; and of the Cherokee Regiments of Colonels Stand Watie and John Drew, and of the Choctaw and Chickasaw Regiment of Colonel Douglas H. Cooper, and of the Creek Regiment of Colonel Daniel N. Mcintosh, and of the companies of Seminoles raised by the Chief, by authority of the same Commissioner, and of the other troops called into the service by Colonel Douglas H. Cooper, to aid in suppressing the insur- rection of a part of the Creeks, and of any called into service by the Creek Agent for the same purpose, by direction of the Com- missioner, for the times during which all of said troops were in the service, afler being organized and before being mustered into the service, in the same manner as if they had been mustered in at the respective times when they were organized and received by the Commissioner or either of said officers; which payments shall be made upon special pay-rolls for that purpose: Provided, That the allowances in lieu of clothing shall be paid only to such of said officers and men as shall have since been or may be mustered into the service, and that none shall b(^ paid who have deserted or dis- banded without permission, or have taken sides with the insurrec- tionists among the Creeks. '«{
Sbc. 2 And be it further enacted, That the accounts of the bM- ing Commissaries and Quartermasters of all said troops shall be settled in the same manner as if the troops with or for which they acted had been regularly mustered into the service at the time when they were organized and received ; and that the debts incurred or ; moneys advanced by them, be paid by the Brigade Quartermaster
. CONFEDERATE STATi^S. 47
of the Brigade commanded by Brigadier- General Albert Pike : Provided^ further, That the said accounts shall be also approved by the said Brigadier-General, and that the prices paid by them be found by him not to have been excessive or exorbitant, and the debts to have been contracted in good faith, and the moneys actu- ally advanced.
Approved December 31, 1861.
Ak Act supplementary to An Act making appropriations for cer- tain Floating Defences, approved Januaay ninth, eighteen hundred and sixty-two.
The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized to raise acorpis for the temporary and special service on the Western waters, to cause to be enlisted a number of men not exceeding six thousand, anl of such commissioned and non-commissioned officers, and of such rank, either Naval or Military, as the President may deem necessary, who shall severally receive such pay and allowances as he niay determine.
Approved January 14, 1862.
An Act to authorize the Secretary of War to Audit and Settle the Claims of certain Officers therein named.
The Congress of the Confederate States of America do enacts That the Secretary of War be, and he is hereby, authorized to au- dit and settle the claims of all Assistant Quartermasters General* Commissaries General, and Surgeons, who discharged the duties o^ said offices, from the date of the transfer of the Battalions or Regi- ments to which they were attached, to the time of the appointment of their successors by the Confederate Government : Provided, Said officers held commissions from their respective States and dis- charged the duties of said offices under said Commissions, and no other officers during the time, were appointed, or discharged the duties of the same.
Approved January 15, 1862.
An Act to amend an Act entitled " An Act to raise an additional Military Force to serve during the War," approved May eighth^ eighteen hundred and sixty-one, and for other purposes.
Section 1. The Congress of the Confederate States of America do enact, That volunteers offering their service under an Act enti- tled "An Act to raise an additional military force to serve during the
48 MILITARY LAWS OF THE
war/* approved May eighth, eighteen hundred and sixty-one, may be accepted by the President singly as well as in companies, squad- rons, battalions or regiments.
Sec. 2. 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 aiid furloughs to privates and non-commissioned oilicers in the Provisional Army," approved December eleventh, eighteen hundred and sixty-one, 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 mili- tary force to serve during the war," approved May eighth, eighteen hundred and sixty-one, 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,, hoivever, That the President be author- ized to depart from the prescribed rule of promotion in favor of any person specially distinguished by his Commanding General for ex- traordinary merit, or some signal act of military skill or gallantry.
Sec. 3. Any vacancies occurring in the ranks of companies mus- tered into the Confederate service for three years or lor the war, may be filled by volunteers; and the commander of each of said squadrons, battalions, or regiments, organized as aforesaid, may de- tail 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 in at the time of enrollment, 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.
Sec. 4. The President be, and he is hereby, authorized to ap- point and commission persons as field officers or captains to raise regiments, squadrons, battalions or companies, and the individuals comprising the same shall be mustered in at the time of enrollment, 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 Secre- tary of War; and said appointments shall expire if the officer ap- pointed shall not within a reasonable time, not to exceed two months for a company, and four months for a battalion, s<iuadron or regiment, rej»ort the cori>s authorized to be raised by him, or-
CONFEDEPvATK STATES. 49
ganized and ready For duty : Provided, neverthelessy That every of- ficer so commissioned for such purpose, shall receive an appointment proportioned to the force he recruits ; And provided, furthermore, That no enlistments under the commission of captain shall be ob- ligatory, unless the number be sufficient to constitute a company. Approved January 22, 1862.
An Act to authorize the appointment of Officers of Artillery in the Provisional Army and in the Volunteer Corps.
The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of Congress, in the Provisional Army, and in the Volunteer Corps, officers of Artillery, above the rank of Captain, without, reference to the number of batteries un- der the actual command of the officers so appointed, not to exceed in number, however, one Brigadier-General for every eighty guns, one Colonel for forty guns, one Lieutenant Colonel for every twen- ty-four guns, and one Major for every sixteen guns.
Approved January 22, 1862.
A Resolution in reference to the Arms of the Volunteers for
Twelve Months.
Resolved by the Congress of the Confederate States of America, That the military exigencies of the Confederate States render it ab- solutely necessary that the arms of the volunteef-s now in the ser- vice should be kept within the control of the President of the Con- federate States ; so that whenever the present volunteers shall be discharged from service, the arms may be placed in the hands of others.
Approved January 22, 1862.
An Act to authorize the President to call upon the several States for Troops to serve for Three Years or during the War.
Section 1. The Congress of the Confederate States of America do enact, That the first section of the Act of March sixth, eighteen hundred and sixty one, be, and is hereby, so modified as to author- ize the President to call upon, the several States, in his discretion, for any number of troops not exceeding, in the aggregate, the num- ber heretofore authorized, to serve for the term of three years or during the war.
Sec. 2. In making such requisitions, the Presi^lc at shall lakf in- to consideration the number of troops from oach State already en- 8
50 MILITARY LAWS OF THE
listorl for the war at the time of the requisition, and shall, as far as ^ {racticable, equalize the same amongst the States according to their respective white population. Approved January 23, 1862.
An Act to provide for recruiting companies now in the service of the Confederate States for twelve months.
Section 1. The Congress of the Confederate States of America do enact, That all companies of volunteers, now in the service of the Confederate States under enlistment for the term of twelve months, may be recruited by enlisting, or receiving, volunteers for three years or the war, to a number not to exceed one hundred and twenty-five, rank and file, and companies so recruited shall, at the expiration of the term of service of the original company, elect their commissioned officers ; and vacancies thereafter occurring in the commissioned offices of such companies shall be filled by pro- motion of said commissioned officers, except that vacancies in the lowest grade of such offices, shall be filled by election.
Sec. 2. The Colonel or commanding officer of the several regi- ments, battalions and squadrons enlisted for twelve months as aforesaid, may detail one commissioned officer and not exceeding two privates of each company, to recruit for their respective com- panies, and the officers and privates so detailed shall be entitled to transportation while so engaged, and the recruits so enlisted shall be entitled to pay, transportation and subsistence from the time and place of enlistment, together with the sum of fifty dollars, as a bounty, upon joining their respective companies.
Sec. 3. The original volunteers, in such companies, re-enlisting, according to the terms of the Act entitled " An Act providing for tlif granting of bounty and furloughs to privates and non-commis- sioned officers in the Provisional Army," may re-enlist in, and form part of, the companies to be recruited as herein provided ; and when all the companies composing the regiment, battalion, or squad- ron as aforesaid, shall by recruiting as aforesaid, or by re-enlist- mont and recruiting, as aforesaid, have attained at the date of the expiration of the term of service of the original companies, the number required by law for a company, the number and designa- ^.tionofsuch regiment, battalion, or squadron, may continue, or ^'s\ich of said companies as are complete at that date, may re-organ- '^ into new regiments, battalions, or squadrons, or attach them- jclves to other regiments, battalions or squadrons ; and in all such cases the field officers shall be elected, and vacancies thereafter oc- (Min-ing in such field offices shall be filled by promotion, as directed l.>j the act aforesaid.
^ CONFEDERATE STATES. 55
Jfe The Congress of ike Confederate States of America do euo^f, That if any officer of the army be appointed Secretary of War, and enter upon the duties of that office, he shall not thereby loiso liis rank in the army, but only the pay and allowance thereof, durinj^ the time he is Secretary of War, and receiving the salary of that officer.
Approved February 27, 1862.
An Act to authorize the suspension of the Writ of Habeas Corpus
in certain cases.
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 February 27, 1862.
An Act to regulate the Destruction of Property under military ne- cessity, and to provide for the Indemnity thereof.
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 pre- vent 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 de- stroyed 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 pre- scribed 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 person 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 17th, 1862.
56 MILITARY LAWS OF THE
An Act to provide for the further Defence of the Bay of Mobile, 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 ap- propriations for the Navy.
Sec. 2. Be it further enacted. That the President is hereby au- thorized to raise a corps for the temporary and special service pro- vided 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 offi- cers, and of such rank as the President may deem necessary, who shall severally receive such pay and allowances as he may deter- mine.'
Approved March 24, 1862.
An Act to provide a Staff and Clerical force for any General who may be assigned by the President to duty at the seat of Government.
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 fol- lowing staff, to wit : A military Secretary, with the rank of Colonel; four aids-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 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.
An Act to authorize the President to increase his personal Staff.
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.
•^^ CONFEDERATE STATES. 53
An Act to provide for an increase of the Quartermaster and Com- missary Departments.
The Congress of the Confederate States of America do enact. That in addition to the number of Quartermasters, Assistant Quar- termasters, Commissaries, and Assistant Commissaries, now allowed by law, the President shall have authority to appoint as many of said officers, as shall, in his discretion, be deemed necessary at per- manent posts and depots ; said appointments to terminate at the close of the war, or sooner if the services of the officer can be advanta- geously dispensed with : Provided, That no Quartermaster, Assist- ant Quartermaster, Commissary, of Assistant Commissary, be author- ized to employ a clerk ; but the commanding officer of Quartermas- ters, Assistant Quartermasters, Commissaries, or Assistant Commis- saries, shall detail from the ranks under his command such person or persons as may be necessary for service in the offices of said Quartermasters, Assistant Quartermasters, Comnjissaries, and As- sistant Commissaries.
Approved February 15, 1862.
An Act concerning the Pay and Allowances due to Deceased Soldiers.
Section 1. TJie Gcngress of the Confederate States of America do enact. That the pay and allowances due to any deceased volun- teer, non-commissioned officer, musician, or private, in the army of the Confederate States, shall be paid to the widow of the deceased, if living; if not, to the children, if any; and in default of widow or children, to the father, if living, and if not, to the mother of such deceased volunteer.
Sec. 2. The pay and allowance due as aforesaid shall be paid by the paymaster or proper officer charged with the payment of the troops, to the person or persons entitled to the same, or to his or her authorized agent, attorney, or guardian, upon the pay-roll made out and certified by the Captain or commanding officer of the com- pany to which the deceased was attached, which pay-roll the captain or commanding officer as aforesaid shall make out and deliver to the person or persons entitled to such pay and allowance, or to his, her, or their authorized agent, attorney, or guardian, and shall state in such pay-roll the name of the deceased volunteer, the company arid regiment to which he was attached, and the date of his enlist- ment and death ; and the paymaster or officer to whom said pay-roll shall be directed, shall pay the same according to the tenor thereof, and shall file such pay-roll with the pay-rolls of the army.
Approved February 15, 1862.
54 * MILITARY LAWS OP THE ^
An Act to make disposition of Negro Slaves captured from Hostile
Indians.
Section 1. The Congress of the Confederate States of America do enact, That all negroes who are slaves, belonging to hostile In- dians who are members or citizens of any one of the tribes of Indi- ans friendly to this Government, and who have been, or may here- after be, captured by troops or persons in the service of the Con- federate States, shall be delivered to the Superintendent of Indian Affairs west of Arkansas.
Seo. 2. That said superintendent shall carefully inform himself of the persons and tribes to whom each negro belongs, and shall promptly notify the Executive, or Head Chief of the proper tribe or tribes, to receive the same at some convenient place, and shall deliver said negro or negroes, to said Executive, or Head Chief of said friendly tribe or tribes, as captured property, to be held by said tribe or tribes until such provisions and orders shall be made by this Government as shall seem just and wise, and shall take re- ceipts for the same.
Seo. 3. That the said Superintendent shall, at or before the time of such delivery, make out a record, showing the name and age and value of each slave received by him, and shall report the same, and the fact of such delivery, or other disposition of each of said ne- groes, to the Commissioner of Indian Aflfairs, together with all the facts of time, place, and circumstances of the capture, and by whom captured ; but in no case shall any free negro who is so captured be given up by virtue of this Act.
Approved February 17, 1862.
I . I i
An Act to fix the Date at which the Bounty shall be paid to Soldiers
enlisting for the War.
The Congress of the Confederate States of America do enactj That the bounty of fifty dollars, allowed by existing laws to soldiers enlisting for the war, or re-enlisting for two years, or recruited, shall be payable as soon as the volunteer entitled thereto shall have been sworn into the service of the Confederate States, and shall have been pronounced by any Surgeon, or Assistant Surgeon of the Confeder- ate States, after inspection, as being fit and able to do military service. * "
Approved February 17, 1862.
An Act supplementary to an act entitled "An Act to establish the War Department," approved February twenty-first, eighteen hundred and sixty-one.
CONFEDERATE STATES. 61
Sec. 4. Companies organized by re-enlisted twelve months vol- unteers, under the act aforesaid, may be recruited to the number of one hundred and twenty-five, in the manner prescribed in the second section of this act.
Sec. 5. When, at the date of the expiration of the term of ser- vice of the original company, the number of recruits and enlisted men may not amount to the minimum number required for a com- pany, the recruited men may combine with recruits of other com- panies in like situation, so as to form complete companies; and in default of such combinations, the said recruits may be assigned or distributed to other companies, from the State in which such re- cruits were enlisted.
Sec. 6. The Secretary of War shall make all needful rules, to carry into effect the foregoing provisions.
Approved January 27, 1862.
An Act to amend an Act entitled " An Act to provide for the Public Defence," approved March sixth, eighteen hundred and sixty-one.
Section 1 . The Congress of the Confederate States of America do enact, That the Act entitled " An Act to provide for the Public Defence^" approved sixth March, eighteen hundred and sixty-one, be, and the same is hereby, so amended that the provisions of the second section of said Act, 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 seveial 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.
Approved January 29, 1862.
An Act supplemental to an Act entitled " An Act providing for the granting of bounty and furloughs to privates and non-com- missioned officers in the Provisional Army."
The Congress of the Confederate States of America do enact. That the provisions of the above entitled Act, so far as the same are applicable to re-enlistment of twelve months volunteers, be, and the same are hereby, extended to troops now in the service of any State for a term not less than three months, who may re- enlist in the service of the Confederate States, according to provis- ions of said Act, for a term which, added to their present term of service, may amount to three years.
Approved February 3, 1862.
52 MILITARY LAWS OF THE
An Act supplementary to an Act entitled " An Act to amend an Act entitled An Act to raise an additional force to serve during the war, and for other purposes," approved May eighth, eigh- teen hundred and sixty-one.
Section 1. The Congress of the Confederate States of America do enact, That the second section of the above recited Act, requir- ing 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; but the officers ap- pointed 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 respec- tive commands are fully organized, be absolute.
Approved February 3, 1802.
An Act to authorize and provide for the orgnnization of the
Maryland Line.
Section 1. The Congress of the Confederate States of America do enact, That all native or adopted citizens of the State of Mary- land who have heretofore volunteered, are now in, or may here- after volunteer in the service of the Confederate States, may, at their option, be organized and enrolled into companies, squadrons, battalions and regiments, and with the First Maryland Regiment, and several companies now in service, into one or more brigades, to be known as the Maryland Line ; said organization to ba in ac- cordance with existing laws.
ArrROvao February 15, 1802.
An Act to fix the Rank of Certain Officers.
Tlie Congress of the Conf'drrate States of America do enact, That the rank of commissioned officers of regiraentfl, battalions, squadrons, and companies, who continue in service by re-election in reg'ments, battalions, squadrons, or companies, organized of troops re-enlisting under the act providing for the granting of bounty and furloughs to privates and non-commissioned officers in the Provis- ional Army, approved Deceniber eleventh, eighteen hundred and sixty-one, and the Act supplemental thereto, approved February third, eighteen hundred and sixty-two, or under the act to provide for the recruiting companies now in the service of the Confederate States for twelve months, approved January twenty-ninth, eighteen hundred and sixty-two, shall date from the time of their original election or ap))ointnient : Providcdf such oflicers shall be re-elected or appointed to oflices of the panic grade in the same corps.
Arl'KuVED February Iry, I SOU.
CONFEDERATE STATES. 67
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.
The Con^/ress of the Confederate States of America do enact, That the act approved May tenth, 1861 entitled "An Act to amend an act to provide for the public defence," approved March sixth, 1861, be, and the same is hereby, so amended as to apply also to compa- nies received into service for duty as Heavy Artillery.
Sec. 2. The provisions of this act and of the aq^ of May tenth, 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.
An Act to provide for keeping all Fire arms in the Armies of , the Confederate States in the hands of eflfective men.
The Congress of the Confederate ^Staies of America do enact, That the President be, and he is hereby, authorized to organize com- panies, battalions, or regiments of troops, to be armed with pikes, or other available arms, to be approved by him, when a sufficient number of arms of the kind now used in the service cannot be pro- cured; such companies, battalions, or regiments to be organized in the same manner as like organizations of infantry now are, under existing laws.
8kc. 2. Be ft farther enacted ^ That the President may cause the troops armed and organized as herein provided-, to serve as similar organizations of infantry now do, or to attach troops so armed co other regiments in the service, in numbers not exceeding two com- panies of troops so armed to each regiment. And the colonel of the regiment to which such companies may be attached, shall have power to detail men from such companies to take the place of men in the companies armed with fire-arms, whenever vacancies may occur from death, or discharge, or in cases of absence, from sickness, furlough, or any other cause ; the true intent and meaning of this provision being to render every fire-arm in the army available at all times, by having it always in the hands of a well and effective man.
Sec. 3. Immediately after the passage of this act it shall be the duty of the Secretary of War to furnish a copy of the same to eve- ry General in the service.
Approved April 10th, 1862.
m 41
4»
58 MILITARY LAWS OF THE
An Act for the Pajment of Musicians in the army not regularly
enlisted.
The Congress of the Confederate States of America do enacff That whenever colored persons are employed as musicians in any regiment or company, they shall be entitled to the same pay now allowed by law to musicians regularly enlisted : Provided^ that no such persons shall be so employed except by the consent of the commanding oflBcer of the brigade to which said regiments or com- panies may belong.
Approved April 15, 1862.
An Act to further provide for the Public Defence.
^ In view of the exigencies of the country, and the absolute neces- sity of keeping in the service our gallant army, and of placing in the field a large additional force to meet the advancing columns of the enemy now invading our soil : Therefore —
The Ccugress of the Confederate States of America do enact y That the President be, and he is hereby, authorized to call out and place in the military service of the Confederate States, for three years, unless the war shall have been sooner ended, all white men who are residents of the Confederate States, between the ages of eighteen and thirty-five years at the time the call or calls may be made, who are not legally exempted from military service. A.11 of the persons aforesaid who are now in the armies of the Confederacy, and whose term of service will expire before the end of the war, shall be continued in the service for three years from the date of their original enlistment, unless the war shall have been sooner ended : Provided^ hoicever, That all such companies, squadrons, battalions, and regiments, whose term of original enlistment was for twelve months, shall have the right, within forty days, on a day to be fixed by the Commander of the Brigade, to re-organize said com- panies, battalions, and regiments, by electing all their officers, which they had a right heretofore to elect, who shall be commis- sioned by the President : Provided further , That furloughs not ex- ceeding sixty days, with transportation home and back, shall be granted to all those retained in the service by the provisions of this Act beyond the period of their original enlistment, and who have not heretofore received furloughs under the provisions of an Act entitled ''An Act providing for the granting of bounty and fur- loughs to privates and non commissioned officers in the Provisional Army," approved eleventh December, eighteen hundred and sixty- one, said i'urloughs to be granted at such times and in such numbers as the Secretary of War may deem most compatible with the public
CONFEDERATE STATES. 59
^. interest: and Provided further^ That in lieu of a furlough the com- mutation value in money of the transportation herein above granted, shall be paid to each private, musician, or non-commissioned officer who may elect to receive it, at such time as the furlough* would otherwise be granted : Provided further^ That all persons' under the age of eighteen years or over the age of thirty-five years, who are now enrolled in the military service of the Confederate States, in the regiments, squadrons, battalions, and companies hereafter to be re-organized, shall be required to remain in their respective com- panies, squadruns, battalions, and regiments for ninety days, unless their places ciin be sooner supplied by other recruits not now in the service, who are between the ages of eighteen and thirty-five years; and all laws and parts of laws providing for the re-enlist- ment of volunteers B,nd the organization thereof into companies, squadrons, battalions, or regiments, shall be, and the same arc hereby, repealed.
Skc. 2. Be it further enacted, That such companies, squadrons, battalions, or regiments organized, or ^in process of organization by authority from the Secretary of War, as may be Mithin thii-ty days from the passage of this act, so far completed as to have the wholie number of men requisite for organization actually enrolled, not embracing in said organizations any persons now in service, shall be mustered into the service of the Confederate States as part of the land forces of the same, to be received in that arm of the service in which they are authorized to organize, and shall elect their company, battalion, and regimental officers.
Sec. 3. Be it further enacted^ That for the enrollment of all persons comprehended within the provisions of this act, who are not already in service in the armies of the Confederate States, it shall be lawful for the President, with the consent of the Gover- nors of the respective States, to employ State officers, and on failure to obtain such consent, he shall employ Confederate officers, charircd with the duty of making such enrollment in accordance with rules and regulations to be prescribed by him.
Seq. 4. Be it further enacted, That persons enrolled under the provisions of the preceding section, shall be assigned by the Sec- retary of War, to the different companies now in the service, until each company is filled to its maximum number, and the persons so enrolled shall b^ assigned to companies from the States from which they respectively come.
Sec. 5. Be it further enacted, That all Seanien and ordinary Sea- men in the land forces of the Confederate States, enrolled under the provisions of this Act, may, on application to the Secretary of the Navy, be transferred from the land forces to the Naval service.
60 4MILITARY LAWS OF THE
Sec. 6. Be it fvrther enacted, That in ^1 cases where a State may not have in the army a number of re^uents, battalions, sqaad- rons, or companies, suflicient to absorb the number of persons sub- ject to military service under this Act, belonging Lo such State, then the residue or excess thereof shall be kept as a reserve, under such regulations as may be established by the Secretary of War, and that at stated periods of not greater than three months, details, determined by lot, shall be made from said reserve, so that each company shall, as r.«'arly as practicable, be kept full : Provided, That the persons held in reserve may remain at home until called into service by the President: Provided, also, That during their stay at home, they shall not receive pay : Provided, further, That the persons comprehended in this Act, shall n Jt be subject to the Rules and Articles of War, until mustered into the actual service of the Confederate States; except that said persons, when enrolled, and liable to duty, if they shall willfully refuse to obey said call, each of them shall be held to be a deserter, and punished as such, under said Articles : Provided, further, That whenever, in the opin- ion of the President, the exigencies of the public service may re- quire it, he shall be authorized to call into actual service the entire reserve, or so much as may be necessary, not previously assigned to ditferent companies in service under provision of section four of this Act ; said reserve shall be organised under such rules as the Secretary of War may adopt : Provided, The company, battalion, and regimental officers shall be elected by the troops composing the same : Provided^ The troops raised in any one State shall not be combined in regimental, battalion, squadron, or company organ- ization with troops raised in any other States.
Sec. 7. Be it further enacted, That all soldiers now serving in the army or mustered into the military service of the Confederate States, or enrolled in said service under the authorizations hereto- fore issued by the Secretary of War, and who are continued in the service by virtue of this Act, who have not received the bounty of fifty dollars allowed by existing laws, shall be entitled to receive said bounty.
Sec. 8. Be it further enacted, That each man who may hereafter be mustered into sej-vice, and who shall arm himself with a nms- ket, shot-gun, rifle, or carbine, accepted as an efficient weapon, shall l)e paid the value thereof, to be ascertained by the mustering officer und<r such regulations as may be prescribed by the Secretary of War, if he is willing to sell the same, and if he is not, then he shall l)c entitled to receive one dollar a month lor the use of said received and approved musket, ritle, shot-gun, or carbine.
Sec. 9. Be it further enacted. That persons not liable for duty may be received as substitutes for those who are, under such regu- lations as may be prescribed by the Secretary of War.
CONFEDERATE STATES. 61
Sec. 10; Be it fvrther enacted, That all vacancies shall be filled by the President from the company, battalioti, squadron, or regi- ment in which such vacancies shall occur, by promotion according to seniority, except in case of disability or other incompetency : Provided, however, That the President may, when in his opinionj^ it may be proper, fill such vacancy or vacancies by the promotion of any officer or officers, or private or privates, from such company, battalion, squadron, or regiment, who shall have been distinguished in the service by exhibition of valor and skill ; and that whouever a vacancy shall occur in the lowest grade of the commissioned ofii- cers of a company, said vacancy shall be filled by election : Pro- vided, That all appointments made by the President shall be by and with the advice and consent of the Senate.
Sec. \\. Se it further enacted, That th3 provisions of the first section of this Act, relating to the election of officers, shall apply to those regiments, battalions, and squadrons which are composed of twelve months and war companies comf.ined in the same organ- ization, without regard to the manner in which the ofllicers thereof were originally appointed.
Sec. 12. Be it further enacted. That each company of infantry shall consist of one hundred and twenty-five, rank and file; each company of field artillery of one hundred and ^\hy, rank and file ; each of cavalry, of eighty, rank and file.
Sec. 13. Be it further enacted, That all persons subject to en- rollment, who are not now in the service, under the provisions of this Act, shall be permitted, previous to such enrollment, to voluu-; teer in companies now in the service.
Approved April 16, 18G2.
An Act to organize a Signal Corps.
The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized by and with the advice and consent of the Senate, to appoint ten officers in the Provisional Army, of a grade not exceeding that of Captain, and with the pay of corresponding grades of Infantry, who shall per- form the duties of Signal Officers of the Army. And the Presi- dent is hereby authorized to appoint ten Sergeants of Infantry, in the Provisional Army, and to assign them to duty as Signal Ser- geants. The Signal Corps above authorized may be organized as a separate corps, or may be attached to the Department of the Ad- jutant and Inspector-General, or to the Engineer Corps, as the Sec- retary of War shall direct.
Approved April 19, 1862.
62 MILITARY LAWS OF THE
An Act to increase the military establishment of the Confederate States, and to amend the " Act for the establishment and organ- ization of the Army of the Confederate States of America."
The Congress of the Confederate States of America do efiacty That the number of Ordnance Sergeants authorized by section six of "An Act to increase the Military Establishment of the Confed- erate States," &c., approved May 16th, 1861, be so increased as to provide one for each regiment of the troops now or hereafter re- ceived in the service.
Approved April 19, 1862.
An Act to authorize the employment of Drill Masters.
The Congress of the Confederate States of Ayncrica do e/iact, That the President be, and he is hereby, authorized and empowered to appoint Drill Masters for Camps of Instruction or reserve forces in any arm of the military service, with such pay as the Secretary of War may prescribe.
Approved April Id, 1862.
Ah Act to provide for the payment of officers of the Virginia Mi litia for services rendered.
The Congress of the Confederate States of America, do inact, That all officers and non-commissioned officers of the Virginia Mi- litia who have been called into the service of the Confederate States, by the order of any commanding officer of the Confederate States Army, authorized to make such call, or by the proclamation of the Governor of Virginia, in obedience to requisitions duly made up- on him by the President, shall be allowed, under the direction of the Quartermaster-General, compensation for the period of their actual service, according to the rate of pay and allowances, to which officers and non-commissioned officers of corresponding grades, in the Confederate States Army, are by law entitled.
Sec. 2. Before any officer of militia shall be entitled to receive pay under the provisions of the precediug section, he shall present to the proper officer to whom he may apply for payment, a certifi- cate signed by the commandant of the brigade, regiment or battal- ion of militia to which he may have been attached, and approved by the Commanding General of the army, corps or department, with which such brigade, regiment or battalion was serving, which certificate shall state the precise period during which such officer was actually in service and performed duty according to his rank, not including in such period whatever time such officer was absent
CONFEDERATE STATES, 63
from duty with his command, unless absent on furlough, or detached or detailed sei-vice, by order of the Commanding officer. Non- commissioned officers shall be required to present like certificates, signed by the commanding officer of the regiment or battalion to which they belong, before being entitled to receive their pay.
Sec. 3. All staff officers of the Virginia militia duly appointed and qualified, according to the laws of Virginia, shall be entitled to receive the same pay and allowances as are provided by law for officers of corresponding grades, in the Confederate States Army, upon a like certificate that they have actually been in service and performed the duties prescribed for their respective grades by the laws of Virginia, and" the laws and army regulations of tne Confed- erate States.
Sec. 4. No payments under this act shall be allowed for any period subsequent to the thirtieth day of March, eighteen hundred and sixty-two, nor shall any junior Major of a regiment to which two Majors may be attached, nor any Paymaster or Surgeon's mate be deemed to be entitled to pay or allowances under the provis- ions of this act.
Approved April 19,. 1862.
An Act to increase the clerical force of the Quartermaster-Gener- al's Bureau.
The Congress of the Confederate States of America do enact ^ That the Secretary of War be, and he is hereby, authorized to ap- point eight additional clerks in the Bureau of the Quartermaster- General, at the following rates of compensation, to-wit : two at the rate of fifleen 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, Xh&t no person now by law subject to military duty shall be appointed.
Approved April 19, 1862.
An Act to amend an act entitled "An Act to increase the corps of Artillery, an^ for other purposes," approved August" 21, 1861.
The Congress of the Confederate States of America do enacty That section third of an act entitled "An Act to increase the corps of Artillery and for other purposes, approved August 21st, 1861, 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.
Approved April 19, 1862.
64 MILITARY LAWS OP THE
An Act to amend the severiil Ans m iliuIkui lo the priv of Chap- lains in the Army.
The Congress of the Co?i ft derate States of America do enact. That hereafter tne pay of Chaplains in the army shall be eighty dollars per month, with rations as now provided by law.
Approved April 19, m&2.
An Act- to recognize the organization of certain military compa- nies.
The Congress of the Confalerafe States K)f America do enacty That in all cases heretofore occuri'ing where companies not having the minimum number of men necessiiry to form a company as re- quired by existing laws, have l>een organized into companies which have entered into the service by order of a Commanding General or be(*n reeeived by sueh olhcer into the service, in all such cases the Secretary of VVar is hereby authorized and required to recog- nize said companies as if duly organized under existing laws, and the ofKcers 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 oHicers and men thereof shall be entitled to draw their pay and rations as if they had been duly authorized under existing laws.
Approved April 19, 1862.
Ajj Act to punish Drunkenness in the Army.
7'he Congress of the Confederate States of America do 'enacf. That any commissioned ofiicer of the Regular or Provisional Ar- my who shall be found drunk, either while on or off duty, shall, on conviction thereof before a court of inquiry, be cashiered or suspended fnjm the service of the Confederate States, or be pul)- liily reprimanded, according to the aggravation of the offence, and in addition to a sentence cashiering any such olficer, he may also he declared incapable of holding any military office under the Con- fedctate States during the war.
Sec. 2. That it shall be the duty of juloflicers to report to the commanding officer of the post, regiment, or corps to which they belong, all cases coming under their observation of intoxication of commissioned officers, whether of superior or inferior grades to themselves; and it shall be the duty of the commanding officer of the division or brigade to wliich said post, regiment, or corps be- longs, to whom such report njay be made, to report the same to the officer commanding the brigade or division, who shall organiztl said court and order th(^ trial of said offender at the earliest time consistent with the public service.
CONFEDERATE STATES. 69
Joint Resolution to aid our prisoners in the hands of the enemy.
Resolved by the Congress of the Confederate States of America, That the Secretary of War be authorized to apply out of the contingent fund of the War Department, such sums of money, from time to time, as, in his judgment, may be necessary for the aid of prisoners of war in the hands of the enemy : Provided, That all sums paid any prisoner, or expended for him, shall be charged to his account.
Approved March 25, 1862.
An Act to amend an Act entitled " An Act to provide fur the
Public Defence."
The Congress of the Confederate States of America do enact, That the sixth section of the act to provide for the public defence, approved on 6th March, 1861, be amended by adding after the words " brigades into divisions," the words "and divisions into army corps," and such army corps shall be commanded by a liieutenant-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.
Approved September 18, 1862.
An Act to authorize the appointment of additional Officers of Ar- tillery for Ordnance Duties.
The Congress of the Confederate States of America do enact. That the President, by and with the advice aud consent of the Sen- ate, may appoint seventy officers of artillery in the Provisional Army, for the performance of ordnance duties, in addition to those authorized by the Act entitled "An Act to authorize the appoint- ment of officers of artillery in the Provisional Army," approved April 21st, 1862, and that from the whole number of artillery offi- cers appointed to discharge ordnance duties, there shall be one with the rank of Lieutenant-Colonel for each command composed of more than one army corps, with the rank of Major for each army corps composed of more than one division, and the residue with the rank of Captain, and of First and Second Lieutenant, in such proportion as the President may prescribe.
Approved September 16, 1862.
An Act in relation to the Transfer of Troops.
The Congress of the Confederate A^tates of Ame^'ca do enacty Tliat it shall be the duty of the Secretary of War to transfer any
70 MILITARY LAWS OF THE
private or non-commissioned officer, who may be in a regiment from a State of this Confederacy other than his own to a regiment from his own State, whenever such private or non-commissioned officer may apply for such transfer, and whenever such transfer can be made without injury to the public service ; and the Secretary of War shall make regulations to facilitate such transfer : Provided^ That this act shall not apply to any one who has enlisted as a sub- stitute.
Approved September 23, 1862.
An Act to regulate the rank of Officers of the Provisional Corps
of Engineers.
The Congress of the Confederate States of America do erutctj That the officers of the Engineer Corps of the Provisional Army may have rank conferred on them during the War, equal to that authorized by law for the Engineer Corps of the Confederate States Army : Provided, That the number of officers in each grade be limited to one Colonel, three Lieutenant Colonels, six Majors, fifty Captains, thirty First Lieutenants and twenty Second Lieutenants.
Approved September 23, 1862.
An Act to increase the Signal Corps.
The Congress of the Confederate States of America do enacty That the President, by and with the advice and consent of the Sen- ate, may appoint one Major, ten First and ten Second Lieutenants in the signal corps, and that the Secretary of War may appoint twenty additional sergeants in the said corps. ^
Approved September 27, 1862.
An Act to amend an Act entitled " An Act to provide further for the Public Defence," approved April sixteenth, eighteen hun- dred and sixty-two.
The Congress of the Confederate States of America do enacts That the President be, and he is hereby, authorized to call out and place in the military service of the Confederate States for three years, unless the war should have been sooner ended, all white men who are residents of the Confederate States, between the ages of thirty five and forty five years at the time the call or calls may be made, and who are not, at such time or times, legally exempted from military service, or such part thereof as, in his judgment, may be necessary to the public defence, such call or calls to be made un- der the provisions and according to the terms of the act to which
CONFEDERATE STATES. 67
An Act to organize Battalions of Sharp Shooters.
7%e Congress of the Confederate States of America do enact^ That the Secretary of War may cause to be organized a battalion of sharp-shooters for each brigade, consisting of not less than three nor more than six companies, to be composed of men to be selected from the brigade or otherwise, and armed with long range mus- kets, or rifles, said companies to be organized, and the commis- sioned officers therefor appointed by the President, by and with the advice and consent of the Senate. Such battalion shall consti- tute parts of the Brigades to which they belong, and shall have such field and staff officers as are authorized by law for similar battalions, to be appointed by the President, by and with the ad- vice and consent of the Senate.
Sec. 2. Be it further enacted, That for the purpose of arming the said battalion, the long range muskets and rifles in the hands of the troops, may be taken for that purpose : Provided, the Government has not at its command a sufficient number of approved long range rifles or muskets, wherewith to arm said corps.
Approved April 21, 1862.
An Act supplementary to "An act further to provide for the Public
Defence."
The Congress of the Confederate States of America do enacts 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."
Approved April 21, 1862.
An Act to exempt certain persons from enrollment for service in the Armies of the Confederate States.
The Congress of the Confederate States of America do enact, That all persons who shall be held to be unfit for military services under rules to be prescribed by the Secretary of War ; all in the service or employ of the Confederate States ; all judicial and ex- ecutive officers of Confederate or State Governments ; the mem- bers of both Houses of Congress and of the Legislatures of the several States and their respective officers ; all clerks of the offi- cers of the State and Confederate Governments allowed by law ;
€(8 MILITARY LAWS OF THE
all engaged in carrying the mails; all ferrymen on post routes ; all pilots and persons engaged in the marine service and in actual ser- vice on river and railroad routes of transportation ; telegraphic operators, and ministers of religion in the regular discharge of ministerial duties; all engaged in working iron mines, furnaces, and foundries ; all journeymen printers actually employed in printing newspapers; aU* presidents and professors of colleges and academies, and all teachers having as many as twenty scholars; superintendents of the public hospitals, lunatic asylums and the regular nurses and attendants therein, and the teachers employed in the institutions for the deaf and dumb, and blind : in each apoth- ecary store now established and doing business, one apotheciiry in good standing wh«> is a practical druggist; superintendents and operatives in wool and cotton factories, who may be exempted by the Secretary of War ; — shall be, and are hereby, exempted from military service in the armies of the Confederate States. Approved April 21, 18G2.
An Act to amend an act entitled " An Act lo further provide for the Public Defence," passed the sixteenth day of April, eighteen hundred and sixty-two.
The Congress of the Confederate States of America do enact, That all vacancies shall be filled by the President from the com- pany, battalion, squadron, or regiment in which such vacancies shall occur, by promotion, according to seniority, except in case of dis- ability or other incompetency, and that whenever a vacancy shall occur in the lowest grade of commissioned officers of a company, such vacancies shall be filled by election : Provided, however, That the President may, when in his opinion it is proper, fill any vacancy by the promotion of any officer from any company, battalion, squadron, or regiment in which the same may occur, who shall have been distinguished in service by the exhibition of extraordi- nary valor and skill ; and that when any vacancy shall occur in the lowest grade of commissioned officers of any company, the same may be filled by selection by the President of any non-commis> missioned officer or private from the company in which said va- cancy may occur, who shall have been distinguished in the service by the exhibition of extraordinary valor and skill ; and that appoint- ments made by the President shall be by and with the advice and consent of the Senate.
Approved April 21, 1802.
CONFEDERATE STATES. 65
Sec. 3. The findings of any such court shall be promptly trans- mitted to the Secretary of War, by the commanding officer, to- gether with his approval or disapproval thereof, and shall be re ported to Congress at the next session thereafter, by the said Sec- retary.
Approved April 21, 1862.
An Act to organize bands of Partizan Rangers.
The Congress of the Confederate States of America do enact f that the President be, and he is hereby, authorized to commission such officers as he may deem proper with authority to form bands of Partizan Rangers, in companies, battalions, or regiments, either as infantry or cavalry, the companies, battalions, or regiments to be composed each .of such numbers as the President may approve.
Sec. 2. Be it further enacted, That such Partizan Rangers, after being regularly received into service, shall be entitled to the same pay, rations, and quarters during their term of service, and be sub- ject to tlie same regulations as other soldiers.
Sec. 3. Be it further enacted, That for any arms and munitions of war captured from the enemy by any body of Partizan Ran- gers and delivered to any Quartermaster at such place or places as may be designated by a Commanding General, the Rangers shall be paid their full value in such maimer as the Secretary of War may prescribe.
Approved April 21, 1862
A Bill [An Act] for the enlistment of Cooks in the Army.
The Congress of the Confederate States of America do enact, That hereafter it shall be the duty of the Captain or Commanding Officer of his Company to enlist four cooks for the use of his com- pany, whose duty it shall be to cook for such company — taking charge of the supplies, utensils, and other things furnished therefor, and safely keep the same, subject to such rules and regulations as may be prescribed by the War Department or the Colonel of the Regiment to which such company may be attached :
Sec. 2. Be it further enacted, That the cooks so directed to be enlisted, may be white or black, free or slave persons : Provided, however, That no slave shall be so enlisted without the written consent of his owner. And such cooks shall be enlisted as such only, and put on the muster-roll and paid at the time and place the company may or shall be paid off, twenty dollars per month to the Chief or Head Cook, and fifteen dollars per month for each of the Assistant Cooks, together with the same allowance for clothing, c^
,**
66 MILITARY LAWS OF THE
or the same commutation therefor that may be allowed to the rank and file of the company. Approved April 21, 1862.
An Act to increase the corps of Engineers of the Provisional
Army.
The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized to appoint with the advice and consent of the Senate, an additional number of offi- cers in the Engineer corps of the Provisional Army, of a rank not higher than Captain ; Provided^ That the whole corps shall not ex- ceed one hundred.
Approved April 21, 1862.
An Act to authorize the appointment of Officers of Artillery in
the Provisional Army.
The Congress of the Confederate States of America do enact, That for the purpose of enlarging the number of officers of Artil- lery, and enabling them to discharge more effectually the duties of Ordnance officers, the President is hereby authorized to appoint, with the advice and consent of the Senate, officers of Artillery, of the rank of Captain and First Lieutenant, in the Provisional Army, not exceeding eighty in number.
Approved April 21, 1862.
An Act to amend an act entitled " An Act to amend an act recog- nizing the existence of War between the United States and the Confederate States, and concerning Letters of Marque, Prizes, and Prize Goods," approved May 21st, 1861.
The Congress of the Confederate States of America do enact, That the first section of the above entitled Act be so amended, that, in case any person or persons shall invent or construct any new machine or engine, or contrive any new method for destroying the armed vessels of the enemy, he or they shall receive fifty per cen- tum of the value of each and every such vessel that may be sunk or destroyed, by means of such invention or contrivance, including the value of the armament thereof, in lieu of twenty per Centum, as provided by said Act.
Approved April 21st. 1862.
CONFEDERATE STATES. 71
this is an amendment, and such authority shall exist in the Presi- dent, during the present war, as to all persons who now are or may hereafter become eighteen years of age, and when once enrolled, all persons between the ages of eighteen and forty -five shall serve their full term : Provided^ That if the President, in calling out troops into the service of the Confederate States, shall first call for only a part of the persons between the ages heretofore stated, he shall call for those between the ages of thirty-five and any other age less than forty-five : Provided, That nothing herein contained shall be understood as repealing or modifying any part of the Act to which this is amendatory, except as herein expressly stated : And providedfurtker,That those called outunderthis Act and the Act to which this is an amendment, shall be first and immediately ordered to fill to their nicaximum number the companies, battalions, squadrons and regiments from the respective States at the time the Act to further provide for the public defence, approved April sixteenth, eighteen hundred and sixty two, was passed, and the surplus, if any, shall be assigned to organizations formed from each State since the passage of that act, or placed in new organizations to be officered by the State having such residue, according to the laws thereof, or disposed of as now provided by law : Provided, That the President is authorized to suspend the execution of this act, or the act to which this is an amendment, in any locality where he may find it impracticable to execute the same, and that in such lo- cality, and during said suspension, the President is authorized to receive troops into the Confederate service, under any of the acts passed by the Confederate Congress prior to the passage of the act to provide further for the public defence, approved sixteenth of April, eighteen hundred and sixty-two. Approved September 27, 1862.
An Act to better provide for the Sick and Wounded of the Army
in Hospitals.
The Congress of the Confederate States of America do enact, That the commutation value of rations of sick and disabled soldiers in the Hospitals of the Confederate States, is hereby fixed at one dollar, instead of the commutation now allowed by law, which shall constitute the hospital fund, and be held by the commissary, and be paid over by him frorA time to time to the Surgeon or Assistant Surgeon in charge of the hospital of which the soldier, whose ra- tion was commuted, is an inmate, upon the said Surgeon or Assis- tant Surgeon's requisition, made in writing, when necessary to purchase supplies for said hospital : Provided, hoioever. When said fund for any one Hospital shall increase over and above the month-
72 MILITARY LAWS OF THE
ly expenditures of the same to an' amount exceeding the sum of five thousand dollars, the said commissary shall be required to deposit tJK' said excess over and above the said five thousand dollars in the Treasury of the Confederate States, or such other places of de posit where Government moneys are ordered to be kept; wliich said deposits, when so made, shall be passed to the credit of the said Confederate States, and be liable to draft as other public moneys are ; and all such funds shall be accounted ft)r b\ the s^id Commissary in his monthly report, and the abstract, as now re- quired by law ; And proviiled further ^ That all such Surgeons and Assistant Surgeons who shall receive from the said Commissary any part of said hospital fund, to be expended for the use of hospi- tals, shall be held liable for a faithful application of it, and in a weekly account and abstract, to be made out and forwarded to the office of the Surgeon-General, to be verified in every instance by vouchers, shall show what disposition has })een inade of it, which acc<^unt, abstract, and accompanying vouchers, shall be placed on file.
Sec. 2. That the Secretary of War is hereby authorized and di- rected to make contracts with the several railroad companies and lines of boats, for the speediest practicable transportation of all supplies purchased for the use of hospitals by agents accredited by the Surgeon or Assistant Surgeons in charge for that purpose, or donations by individuals, societies or States, and it shall be lawful for the Quartermaster General to furnish general transportation tickets to such agents upon all railroad trains and canal boats, when engaged in the actual service of said hospitals, upon the re- quest of said Surgeon or Assistant Surgeon.
Sec. 3. That there shall be allowed to each hospital of the Con- federate States, suits of clothing consisting of shirts, pantaloons, and drawers, equal to the number of beds in the same, for the use of the sick while in the hospitals, when so ordered by the Surgeon or Assistant Surgeon in charge, which said clothing shall be drawn upon the written requisition of said Surgeon or Assistant Surgeon, and shall be receipted for and kept as hospital clothing, and be ac- counted for as other public property.
Sec. 4. That there be allowed to each hospital, with rations and suitable places of lodging, the following matrons and female nurses and attendants, viz : Two matrons, to be known and designated as hospital matrons-in-chief, at a salary not to exceed forty dollars per month each, whose general duties shall be to exercise a super- intendence over the entire domestic economy of the hospitals, to take charge of such delicacies as may be provided for the sick; to apportion them out as required ; to sec that the food or diet is properly prepared, and all such other duties as may be necessary.
CONFEDERATE STATES. 73
Two matrons to be known and designated as assistant matrons, whose general duties shall be to superintend the Uundry ; to take charge of the clothing of the sick, the bedding of the hospital ; to see that they are kept clean and neat, and perform such other du- ties as may be necessary, at a salary not to exceed thirty-five dol- lars per month each. Two matrons for feach ward at a salary not to exceed thirty dollars per month each, to be known and designa- ted as ward matrons, whose general duties shall be to prepare the beds and bedding of their respective wards, to see that they are kept clean and in order, that the food or diet for the sick is care- fully prepared and furnished to them, the medicine administered, and that all patients requiring careful nursing are attended to, and all such other duties as may^^be necessary. And all Surgeons and Assistant Surgeons in charge of a hospital, are hereby authorized to employ such other nurses, either male or female, as may be nec- essary to the proper care and attention of the sick, at a salary each not to exceed twenty-five dollars per month ; and also the neces- sary cooks, at a salary not to exceed twenty-five dollars per month each, and one ward master for each ward, at a salary not to ex- ceed twenty five dollars per month each, giving preference in all cases to females, where their services may best subserve the pur- pose, and in the event a sufficient number of such nurses and ward masters cannot be employed not liable to military service, and it? shall become necessary to assign to this duty soldiers in the ser- vice, then, upon the requisition oC such Surgeon or Assistant Sur- geon in charge of such hospital, the soldier .or soldiers so assigned^ who are skillful and competent, shall be permanently detailed to this duty, and shall only be removable for neglect or inattention by the Surgeon or Assistant Surgeon in ch<:rge : ProvUhd., in all cases, that all other attendants and servants, not herein provided for, necessary to the service of said hospital, shall be allowed, as now provided by law.
Sec. 5. That the hospitals of the Confederate States shall here- after be known and numbered as hospitals of a particular State ; and in all cases where the same can be done without injury to the patients or great inconvenience to the Government, all sick or wounded soldiers, being citizens or residents of such particular State, shall be sent to such hospitals as may represent the same, and to such private or State hospitals representing the same, which may be willing to receive them.
Sec. 0. That all persons authorized to be employed by Section fourth of this act, who are not engaged in the military service, and whose pay is not now provided for by law, shall be paid monthly by any Quartermaster or other person authorized to pay troops in the military service, upon a muster or pay roll to be made out 4
74 MILITARY LAWS OF THE
and certified to by the Surgeon or Assistant Surgeon having in chai'ge the hospital or hospitals in M'hieh said persons have been employed. '
Sec. 7. That the Secretary of War is hereby authorized, in such way and manner as he may deem best, and under such rules and regulations as he may prescribe, to enter into and perfect some suitable arrangement with the railroad companies, their officers or authorized agents, whereby seats in one or more cars of each rail- road train, as the necessities of the case may be, shall be reserved for the use of the sick and wounded soldiers who may desire trans- portation on any such railroad, and that no person not sick cr wounded, and not an attendant upon the sick or wounded, shall be permitted to enter any such car or cars so reserved until the said sick and wounded and their* attendants shall first have obtained seats ; and also, shall perfect some arrangement with the said rail- road companies, their officers or agents, whereby all conductors having in charge any such trains, shall be required to provide for the use of the sick and wounded in the cars so reserved, a suffi- cient quantity of pure water.
Sec. 8. • That all Surgeons and Assistant Surgeons in charge of a hospital, having in his or their charge any sick or wounded sol- dier desiring transportation as aforesaid, shall, in all cases, detail some competent person acting under his or their authority, whose dutv h- fhall be to accompany all such sick and wounded to the depo'v r. any such railroad, to see that all such are properly cared fo;. , r-:yl that they obtain seats in the said car or cars so reserved.
Approved September 27, 1862.
An Act to amend an Act entitled " An Act providing for the ap- • pointment of Adjutants of Regiments and Legions .of the grade of Subaltern, in addition to the Subalterns attached to Compa- nies," approved August thirty -first, eighteen hundred and sixty- one.
The Congress of the Confederate States of America do enact, That the provisions of said Act shall be extended so as to apply to independent battalions, and that on the recommendation of the commander of any such battalion, an Adjutant of the grade of Subaltern may be appointed by the President for said battalion, who is not attached as subaltern to said battalion, and that said Ad- jutant, when so appointed, shall ha\^e the same rank, pay and al- lowance as are provided by law for Adjutants of regiments.
Approved Oct. 2, 1862.
CONFEDERATE STATUS. - 75
An Act supplemental to. " An Act authorizing the Secretary of War to grant Transfers," approved September twenty-third, eighteen hundred and sixty-two.
The Congress of ike Confederate States of America do enact, That whenever the Secretary of War shall grant transfers agreea- ble to the above act to any soldiers now in the service, he shall furnish transportation also.
Approved October 2, 18()2.
An Act to empower certain persons to administer Oaths in certain
cases.
The Conffress of the Confederate Statcfi of America do enact, That the oath required to enable sick, wounded, or other soldiers, to receive their pay, may be taken before any Quartermaster, who is hereby authorized to administer the same, or before any justice of the peace having jurisdiction, or any other officer having the right by the laws of the State to administer oaths.
Approved October 2, 1862.
An Act to permit enlistments in the Navy and Marine Corps.
The Conffress of the Confederate States of America do enact, That, from'and after the passage of this Act, any person subject to enrollment for military service, under the Acts of Congress providing for the public defence, shall be permitted to enlist in the Marine Corps at any time prior to being mustered in to the Army of the Confederate States : Provided, That the num- ber of moil so enlisted does not increase the Marine Corps beyond the strength authorized by law.
Sec. 2. That if any person who has been, or is about to be, enrolled for service in the army, shall, at any time before being assigned to any company, declare to tnc enrolling or commanding officer that he prefers being enrolled for service in the Navy or Marine Corps, it shall be the duty of the said officer to enroll such person for the service which he may prefer, and to transmit to the Secretary of the Navy a list of the persons so enrolled.
Sec, 3. That from and after the passage of this Act, the pay of sailors and marines shall be increased four dollars per month.
Approved October 2, 1862.
An Act supplementary to " An Act concerning the pay and allow- ances due deceased Soldiers," approved February fifteenth, eigh-
76 MILITABT LAWS 01 THB
teen hundred and sixty-two, and to provide for the prompt set- tlement of Claims for arrearages of pay, allowances and bounty, due deceased Officers and Soldiers.
The Congress of the Confederate States of America do enact, That claims due to deceased non-commissioned officers and privates for pay, allowances an 3 bounty, may be audited and paid without the necessity of the parties entitled producing a pay roll from the Captain or Commanding Officer, when there is other official evi- dence of the amount due, satisfactory to the Second Auditor, under such regulatio.is as he has or may prescribe, with the approval of the Secretary of War.
Sec. 2. The claims of deceased commissioned officers shall be paid to their heirs or representatives in the same manner as simi- lar claims of non-commissioned officers and privates are now, or may be directed by law, to be paid ; and to assist the Second Au- ditor in more effectually carrying out the provisions of this Act, and other pressing business of his office, the Secretary 6f the Treas- ury is authorized to appoint an experienced accountant, who, with the chief clerk, shall have authority to sign and attest such official business as said auditor shall approve and direct,
Sec. 3. The Secretary of the Treasury is hereby ..authorized to employ, in the office of the Second Auditor, as many additional temporary clerks as he may think necessary, to assist said Audi- tor in the settlement of the claims of deceased officers and soldiers, the compensation of said clerks to be four dollars per day, and without any addition whatever, for every day they shall be «o ac- tually engaged, except one, whose annual compensation . shall be fifteen hundred dollars, the others to be paid weekly at the Treas- ury, upon a certificate of service of said Auditor.
Sec. 4. This act shall take effect from its passage, and the third section shall continue in force for twelve months, and no longer.
Approved October 3, 1862.
An Act to provide for the organization of Army Corps.
The Congress of the Confederate States of America do enact. That the sixth section of an act to provide for the public defence, approved March sixth, 1862, 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 there- of
Approved October 6, 1862.
CONFEDERATE STATES. 77
Aw Act to authorize the establishment of Camps of Instruction, and the appointment of officers to command the same.
The Congress of the Confederate Stales of America do enact^ That the President be, and he is hereby, authorized to establish camps of instruction for persons enrolled for military service, at such places and in such numbers in the sev^eral States as he may deem necessary, and to appoint, by and with the advice and con- sent of the Senate, officers in the Provisional army with the rank and pay of Major, to superintend and command the same.
Approvj:d October 8, 1862.
An Act to repeal the law authorizing Commutation for Soldiers* Clothing, and to require clothing to be furnished by the Secretary of War in kind.
The Congrest of the Confederate States of America do enact j That so much of the existing law as provides commutation for clothing for soldiers in the service of the Confederacy, be, and the same is hereby repealed ; and, hereafter, the Secretary of War shall provide in kind to the soldiers respectively, the uniform clo- thing prescribed by the regulations of the army of the Confederate States, and should any balance of clothing be due to any soldier at the end of the year, the money value of such balance shall be paid to such soldier, according to the value of such clothing fixed and announced by order from the War Department.
Approved October 8^ 1862.
An Act to encourage the manufacture of Clothing and Shoes for
the Army.
Section 1. The Congress of the Confederate States of America do enact, That the President is hereby authorized to import duty free, cards or card cloth, or any machinery or materials necessary for increasing the manufiicture of clothing for the arn^, or any ar- ticles necessary for supplying the deficiency of clothing or shoes, or materials for shoes, for the army.
Sec. 2. Be it further enacted, That any machinery or parts of machinery or materials imported as aforesaid, may be worked on Government account, or leased or sold at the discretion of the President.
Sec 3. And be it further enacted, That the President may ex- tend the privileges of this act to companies or individuals, subject to such regulations as he may prescribe.
78 MILITARY LAWS OF THE
Sec. 4. That the clothing required to be furnished to the troops of the Provisional army under any existing law, may be of such kind as to color and quality as it may be practicable to obtain, any law to the contrary notwithstanding.
Approved October 8, 1862. ?
An Act to amend an act entitled " An Act to further provide for the Public Defence," approved 16th of April, 1862, and the act to amend the same, approved September 27th, 1862.
The Congress of the Confederate States of America do enact, That all persons subject to enrollment for military service may be enrolled under instructions from the War Department and reported by the enrolling officer wherever found, whether within the State or county of their residence or not; and when so enrolled, shall be subject to the provisions of law as fully as if enrolled within the county or State of which they may be residents : Provided, That this act shall not extend to any member of a military organ- ization under any State law, while he remains In actual service within the limits of his State. And provided, further, That the President is authorized to suspend the execution of this act as re- gards the residents of any locality where he may find it impracti- cable to execute the act entitled " An Act to further provide for the public defence, approved April 16th, 1862, and the act to amend the last mentioned act, approved September 27th, 1862.
Approved October 8, 1862.
An Act to organize Military Courts to attend the army of the Con- federate States in the field, and to define the Powers of said Courts
The Congress of the Confederate States oj Arnerica do enact, That courts shall be organized, to be known as military courts, one to attend each army corps in the field, under the direction of the President. Each court shall consist of three members, two of whom shall constitute a quorum and each member shall be entitled to the rank and pay of a colonel of cavalry, shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office during the war, unless the court shall be sooner abolished by Congress. For each court there shall be one Judge Advocate, to be appointed by the President, by and with the advice and consent of the Senate, with the rank and pay of a cap- tain of cavalry, whose duties shall be as prescribed by the Rules and Articles of war, except as enlarged or modified by the purpo-.
COI^FEDERATE fTATES. 79
ses and provisions of this act, and who shall also hold his office during the war, unless the court shall be sooner abolished by the Congress; and in ease of the absence or disability of 'the Jud«»e Advocate, upon the application of the court, the commander of the army corps t(^ which such court is attached may appoint or detail an officer to perform the duties of Judge Advocate, during such ab- sence or disability, or until the vacanc}^ if any, shall be filled by the President.
Sec. 2. Each court shall have the right to appoint a Provost Mar- shal, to attend its sittings and execute the orders of the court, with the rank and pay of a captain of cavalry; and also a clerk,- who shall have a salary of one hundred and twenty-five dollars per mi^tnth, who shall keep the record of the proceedings of the cuurt, and shall reduce to writing the substance of the evidence in each case and file the same in court. The provost marshal and the clerk shall hold their offices during the pleasure of the court. Each member and officer of the court shall take an oath well and truly to 'disehnrge the duties of his office to the best of his skill and abil- ity, without fear, favor, or reward, and to support the constitution of the Confederate States. Each member of the court, the Judge Advocate and the clerk, shall have the power to administer oaths.
Sec. 3. Each court shall have the power to adopt rules for con- ductinir business and for the trial of causes, and to enforce the rules adopted, and to punish for contempt, and tf^ regulate the taking of evidence, and to secure the attendance of witnesses, and to enforce and execute its orders, sentences, and judgments, as in cases of courts- martial.
Sec. 4. The jurisdiction of each court shall extend to all offi'Dccs now cognizable by courts-martial under the Rules and Articles of war and the Customs of war, and also to all ofl^rnces defined as crimes byjthe laws of the Confederate States or of the several States, and when beyond the territory of the Confederate States, to all cases of murder, manslaughter, arson, rape, robbery, and lar- ceny, as defined by the common law, when committed by any pri- vate or officer in the army of the Confederate States, against any other private or officer in the army, or against the property or ])er- sons of any citizen or other person within the army : Provided, Said courts shall not have jurisdiction of offenders above the grade of colonel. For offences cognizable by courts-martial the court shall, on conviction, inflict the penalty prescribed by the Rules and Articles of war, and in the manner and mode therein mentioned ; and for oflfences not punishable by the Rules and Articles of war, but punishable by the laws of the Confederate States, said court shall inflict the pdnalties prescribed by the laws of the Confederate States ; and for offences against which penalties are not prescribed
80 ' MILITARY LAWS OF THE
by the Rules and Articles of war, nor by the laws of the Confed- erate States, but for which penalties are prescribed by the laws of a State, said court shall inflict the punishment prescribed by the laws of the State in which the offence was committed ; Provided^ that in cases in which, by the laws of the Confederate States, or by both, the court may, in its discretion, inflict any other punish- ment less than death ; and for the offences defined as murder, man- slaughter, arson, rape, robbery, and larceny, by the common law, when committed beyond the territorial limits of the Confederate States, the punishment shall be in the discretion of the court. That when an officer under the grade of Brigadier General, or private, shall be put under arrest for any offence cognizable by the court herein provided for, notice or his arrest and of the offence with which he shall be charged shall be g'ven to the 'Judge Advocate by the officer ordering said arrest, and he shall be entitled to as speedy a trial as the business before said court will allow.
Sec. 5. Said courts shall attend the army, shall have appropriate quarters within the lines of the army, shall be always open for the transaction of business, and the final decisions and sentences of said courts in convictions shall be subject to review, mitigation, and suspension, as now provided by the Rules and Articles of war in cases of courts-martial.
Sec. 6. That during the recesses of the Senate the President may appoint the members of the courts and the Judges Advocate provided for in the previous sections, subject to the confirmation of the Senate at its session next ensuing said appointments.
Approved October 9. 1862.
An Act to provide Shoes for the Army.
The C>n'jress of the Confederate States of America do- enact, That the President be, and he is hereby, authorized, on the requi- sition of the Quartermaster-General, to detail from the army per- sons skilled in the manufacture of shoes, not to exceed two thou- sand in number ; and it shall be the duty of the Quartermaster- General to placethem, without delay, at suitable points in shops under proper regulations prescribed by him, and employ them dil- igently in the manufacture of shoes for the army.
Sec, 2d. Be if further enacted^ That soldiers detailed under the provisions of this act shall be entitled to receive pay for extra du- ty, and also thirty-five cents per pair for shoes manufactured by them severally, in addition to regular pay and rations.
Approved October 9, 1862.
CONFEDERATE STATES. 81
An Act to cauthorize the President to iccept and place in the ser- vice certain Regiments and Battalions heretofore raised.
The Congress of the Confederate States of America do enact. That the President be, and he is hereby, authorized anil empowered, whenever in his opinion the public good would be promoted there- by, to receive into the service regiments or battalions which ha/e been organized in good faith prior to the 1st day of October, 18G2, under authority or by direction of the Secretary of War, or any general officer of the Government, although said regiments or bat- talions may be composed in part of persons between the ages of eighteen and thirty-five years : Provided, That this authority shall not extend to regiments or battalions organized after the said 1st day of October, 1862, except in those States and location* where the conscript law may be suspended.
Sec. 2. That the President l)e, and he is hereby, authorized and empowered, whenever in his opinion it would promote the public good, to receive into service regiments or battalions which have been heretofore organized of conscripts by a general ofiicer in any of the States lying west of the Mississippi lliver.
Sec. 3. That all companies, battalions and regiments of infantry raised or organized before the first day of December next within the limits of middle and west Tennessee, to be composed of resi- dents of S'iid districts, may be accepted by the President, when in his opinion the public interest will be promoted thereby, and said troops shall be allowed to elect their own officers for the first elec- tion, after which all vacancies shall be filled by the President, under the act, and the acts amendatory of the same, providing for the pub- lic defence, passed sixteenth of April, 1862, and also such counties in North Carolina, lying east of the line of the Wilmington and Wel- don railroad as are beyond the lines of the army, and exposed to the incursions of the enemy.
Approved October 11, 1862.
An \ct to establish places of Rendezvous for the Examinatlion of
Enrolled men.
The Congress of the Confederate States of America do enact, That there shall be established in each county, parish, or district, and in any city in a county, parish, or district in the several States, a place of rendezvous for the persons in said county, district, par- ish or city, enrolled for military duty in the field, who shall be there examined by one or more Surgeons to be employed by the Government, to be assigned to that duty by the President on a day ^^^hinl^^rwb^^ notice shall J)(^(Tivt]] ])v said Surgeon, and from
82 MILITARY LAWS OF THE
day to day next thereafter until all who shall be in attendance for the purpose of examination shall have been examined ; -and the de- cision of said burgeons, under regulatioi?s to be established by the Secretary of War, as to the physical and mental capacity of any such person for military duty in the field shall be final ; and those only thus ascertained to be fit for military duty in the field shall be required to assemble at camps of instruction.
Sec. 2. There shall be assigned to each Congressional District in the several States, three Surgeons, who shall constitute a Board of Examination in smh district "for the purpose specified in the foregoing section, any one or more of whom, may act at any place of rendezvous in said districts. ■
Sec. 3. When it shall appear, to any Surgeon attending such place of rendezvous, by the certificate of a respectable physi:ian resident in that county, district, parish, or city in a county, parish, or dis- trict, that any enrolled person therein is unable to attend on ac- count of sickness, it shall be the duty of said Surgeon to file said certificate with the commandant of the nearest camp of instruction, and if the person named therein shall not within a reasonable time report himself fo ' examination at said camp of instruction, or his continued disability certified by the certificate of a respectable phy- sician of his county, city, district, or parish, he shall be held liable as absent without leave of his commanding officer.
Approved October 11, 1862.
An Act to amend an act entitled " An Act to raise an additional military force to serve during the War," approved 8th of May, 1861, and to provide for raising Forces in the States of Missouri and Kentucky.
The Congress of the Confederate States of America do enact, That the first and second sections of the Act to which this is an amendment, are hereby declared to have full force and eflfect in those States and districts in which the President may, under the law, suspend the provisions of the Acts providing for the enroll- ment of persons for military service, or when said -4^'^s cannot 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.
Sec. 2. That the President may, in cases when in his opinion the public interest requires that he shoild do so, appoint Major and Brigadier-Generals with their appropriate Staffs, and also the field, company, and staff officers to regiments, battalions, companies, or squadrons, before the same are organized, by and with the advice
CONFEDERATE STATES. 83
and consent of the Senate, and if said regiments, battalions, com- panies, or squadrons are not reported as complete within a reason- able time, the President may, in his discretion, vacate the commis- sions of said officers, who shall be entitled to the pay of their re- spective grades, from the d#te of their respective appointments until their cot. missions are vacated ; and that companies of in- fantry, shall consist of at least one hundred and twenty-five, rank and file ; and companies of artillery of at least one hundred and fifty rank and file, and companies of cavalry of at least eighty rank and file.
Approved October 11, 1862.
An Act amendatory of an act entitled "An Act providing for the granting of Bounties and Furloughs to Privates and Non-com- missioned officers in the Provisional Army," approved December 11,1861.
The Congress of the Confederate Slates of America do cnacf^ That the above recited Act be so amended as to secure to all sol- diers and non-commissioned officers who shall have entered the ar- mies of the Confederate States for three years or during the war, the bounty of fifty dollars, as therein provided, although such sol- dier or non-commissioned officer may have been killed in battle, * died, or been honorably discharged before the expiration of the first year's service of his term, to be paid as other arrearages.
Approved October 11, 1862.
An Act to amend an Act entitled "An Act for the organization of the Staff Departments of the army of the Confederate States of America," approved March 14th, 1861.
The Congress of the Confederate States of America do enact, That the first section of the act entitled "An Act for the organ- ization of the Stair Departments of the army of the Confederate States of America," approved March 14th, 1861, be amended by adding to the Adjutant and Inspector General's Department, one Assistant Adjutant General with the rank of Colonel,
Approved October 8, 1862.
An Act to exempt certain persons from militar}'- duty, and to re- peal an act entitled "An Act to exempt certain persons from En- rollment for service in the Army of the Confederate States,*' approved 21st April, X662.
84 MILITARY LAWS OF THE
The Congress of the Confederate States of America do enact, Thai all persons who shall be held unfit for military service in the field, by reason of bodily or mental incapacity or imbecility, under rules to be prescribed by the Secretary of War ; the V'ice Presi- dent of the Confederate States; the officers, judicial and execulive, of the Confederate and State Governments, including postmasters appointed by the President and confirmed by the Senate, and such clerks in their offices as are allowed by the Postmaster General, and now employed, and excluding all other postmasters, their as- sistants and clerks ; and except such State officers as the several States may have declared, or may hereafter declare by law to be liable to militia duty ; the members of both Houses of the Congress of the Confederate States, and of the Legislatures of the several States, and their respective officers ; all clerks now in the offices of the Confederate and State Governments authorized by law, receiv- ing salaries or fees; all volunteer troops, heretofore raised by any State since the passage of the act entitled "An Act further to pro- vide for the public defence," approved April 16th, 1802, while such troops shall be in active service under State authority: Provided, That this exemption shall not apply to any person who was liable to be called into ser/ic.e by virtue of said act of April sixteenth, 1862; all pilots and persons engaged in the merchant marine ser- vice ; the president, superintendents^ conductors, treasurer, chief clerk, engineers, managers, station agt'nts, section masters, two ex- < pert track hands to each section of eight miles, and mechanics in the active service and employment of railroad companies, not to embrace laborers, porters, and messengers ; the president, general superintendent and operators of telegraph companies, the local su- perintendent and operators of said companies, not to exceed four in number at any locality, but th it of the seat of Government of the Confederate States ; the president, superintendents, captains, engineers, chief clerk and mechanics in the active service and em- ployment of all companies engaged in river and canal navigation, and all captains of boats and engineers therein employed; one ed- itor of each newspaper now being published, and such employees as the editor or proprietor may certify, upon oath, to be indispen- sable for conducting the publication; the public printer, and those employed o perform the- public printing for the Confederate and State Governments ; every minister of religion authorized to preach according to the rules of his sect and in the regular d is- charge of ministerial duties, and all persons who have been and now are members of the society of Frienrls, and the association of Dunkards, Nazarenes, and Mennonists, in regular membership in their respective denominatfons : j^ot'^V/^r/; members of the soeietVL-
CONFEDERATE STATES. 85
substitutes or pay a ta^x of $500 each into the public treasury jf* all physicians who now are, and for the last five years have been, in actual practice of their profession ; all shoe-makers, tanners, black- smiths, wagon-makers, millei-s and their engineers, millwrights, skilled and actually ejnployed at their regular vocation in the said trades, habitually engaged in working fur the public, and whilst so .actually employed : Profidcd, Said persons shall make oath in writing that they are su f;killed and actually employed at the time as their regular vocation in one of the above trades, which affidavit shall only \h' prhna fada evidence of the fjicts therein stated: Provided, further, That the exemptions herein granted to per- sons by reason of their peculiar mechanical or other occupation or employment, not connected with tlie pul)lic service, shall be sub- ject to the condition that the products of the labor of such ex- empts, or of the companies or establishments with which they are connected, shall be sold and disposed of by the proprietors at prices not exceeding seventy-five per centum upon the cost of pro- duction, or within a maximum to be fixed by the Secretary of War, under such regulations as he may prescribe : uitid be it further provided, That if the propriet'»rs of any such manufacturing estab- lishments shall be shown, upon evidence, to be submitted to, and judged of, by the Secretary of War, to have violated, or in any manner evaded the true ihtent and s[)irit of the foregoing proviso, the exemptions therein granted shall no longer be extended to them, their superintendents, or operatives, in said establishments, but they and each and every one of them shall l)e forth with enrolled under the provisions of this act, and ordered into the Confederate army, and shall, in no event, be again exempted therefrom by reason of said manufacturing establishments or employments therein; all superintendents of public hospitals, lunatic asylums, and the regu- lar physicians, #urses and attendants therein, and the teachers em- ployed in th«institutions for the deaf, dumb, and blind ; in each apothecary store, now established and doing business, one apothe- cary in good standing, who is a practical apothecary : superintend- ents and operators in wool and cotton factories, paper mills, and superintendents and managers of wool carding machines, who may be exempted by the Secretary of War : Provided, The profits of such establishments shall not exceed seventy-five per centum upon the cost of production, to be determined upon oath of the parties, sul)ject to the same penalties fi)r violation of the provisions herein contained as are herein befi)re provided, in case of other manufac- turing and mechanicaj employments; all presidents and teachers of C(>IU'<]^es. acadoniios. schools, and theological seminaries, who Ji^iA:i^J:iiimi_riicrii|.-ir!v-t-iiL^aiJ(Ml as such for two years previous to the
86 MILITARY LAWS OF THE
establishments of the Government for the manufacture of arms, ordnance, ordnance stores, and other munitions of war, saddles, harness, and army supplies, who may he certified by tlie officer in charge thereof, as necessary for such establishments ; also, all arti- zans, mechanics, and employees in the establishments of such per- sons as are or may be engaged under contracts with the Govern- ment in furnishing arms, ordnance, ordnance stores, and other mu- nitions of war : Provided, That the chief of the ordnance bureau, or some ordnance officer authorized by him for the purpose, shall approve of the number of the operatives required in such establish- mentfe ; all persons employed in the manufacture of arms, or ord- nance of any kind by the several States, or by contractors to fur- nish the same to the several State Governments, whom the Gov- ernor or Secretary of State thereof may certify to be necessary to the same; all persons engaged in the construction of ships, gunboats, engines, sails, or other articles necessary to the public defence, un- der the direction of the Secretary of the nary ; all superintendents, managers, mechanics, and miners employed in the production and manufacture of salt to the extent of twenty bushels per day, and of lead and iron, and all persons engaged in burning coke for smelt- ing, and manufacture of iron, regular miners in coal mines, and all colliers engaged in making charcoal, for making pig and bar iron, not to embrace laborers, messengers, wagoners, and servants, un* less employed at works conducted under the authority and by the officers or agents of a State, or in works employed in the produc- tion of iron for the Confederate States; one male citizen for every five hundred head of cattle, for every two hundred and fifty head of horses or mules, and one shepherd for every five hundred head of sheep, of such pers(ms as are engaged exclusively in raising stock : Provided^ That there is no male adult not liable to do mil- itary duty engaged with such person in raising stock ; to secure the proper police of the country, one person, either as agent, owner, or overseer, on each plantation on which one white person is re- quired to be kept by the laws or ordinances of any State, and on which there is no white male adult not liable to do military ser- vice, and in States having no such law, one person as agent, owner, or overseer, on each plantation of twenty negroes, and on w'hich there is no white male adult not liable to military service: And furthermore, For additional police for every twenty negroes on two or more plantations, w^ithin five miles of each other, and each having^less than twenty negroes, on which there is no white male adult not liable to military duty, one [)erson, being the oldest of the owners or overseers on such plantations ; and such other per- sons as the President shall be satisfied, on account of justice, equity, or necessity, ought to be exempted, are hereby exempted from mil-
CONFEDERATE STATES. 87
itary service in the armies of the Confederate States ; also a regi- ment raised under and by authority of the State of Texas, for frontier defence, now in the service of said State, while in such service: Provided, further ^ That the exemptions herein above enu- merated and granted hereby, shall only continue wlplst the persons exempted are actually engaged in their respective pursuits or oc- cupations.
Sec. 2. Be it further enacted, That the Act entitled "An Act to exempt certain persons from enrollment for sf^rvice in the armies of the Confederate States," approved the twenty-first of April, eighteen hundred and sixty-two, is hereby repealed.
Approved October 11, 1862.
An Act authorizing the suspension of the writ of Habeas Corpus.
Section 1. The. Con press ef 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 any city, town, or military district, whenever, in his judgment, the public safety may require it; but such sus- pensions shall apply only to arrest-? made by the authorities of the •Confederate Government, or for offences against the same.
Sec. 2. The President shall cause proper officers to investigate the cases of all persons so arrested, in order that they may be dis- charged, if improperly detained, unless they can bo speedily tried in due course of law.
Sec. 3. This act shall continue in force for thirty days after the next meeting of Congress, and no longer.
Approved October IS, 1862.
An Act to grant Commutation for Quarters to the Superintendent of the " Army Intelligence Office," and his Clerks, and to in- crease the compensation of said Clerks.
The Congress of the Confederate States of America do enact, That commutation in lieu of quarters be. and the same is hereby, allowed to the Superintendent of the " Army Intelligence Office " and his clerks, at the discretion of the Secretary of War, and un- der such regulations as may be prescribed by him, and that the extra pay allowed to said clerks shall be, and is hereby, increased from twenty-five to fifty cents per day.
Approved October 13, 1862.
88 MILITARY LAWS OF THB
An Act to regulate and fix the Pay of Cadets in the service of the Confederate States.
The Congress of th*>. Confederate. States of America do eriact, 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.
Appkoved Oct 13, 18G2.
An Act to relieve the Army of disr^ualified, disabled and incom- petent Officers.
Section 1. The Congress of the Confederate States of America do enact^ That whenever, in the judgment of the General command- ing a department, the good of the service and the efficiency "Of his command require it, he is authorized, and it is hereby made his duty, t<i appoint an Examining Board, to be composed of officers of a rank at least as high as that of the officers whose qualifications it is proposed to inquire into, which board shall immediately pro- ceed to examine into the cases of such officers as may be brought to their attention, for the purpose of determining their qualifica- tions for the discharge of the duties properly appertaining to their several- positions.
Sec. 2. Be it further enacted, That whenever such Examining Board shall determine that any officer is clearly unfit to perform his legitimate and proper duties, or (careless and inattentive in their discharge, then the said Board shall communicate their de- cision, together with the full report of their proceedings in the case, to the (Jeneral commrmding the department in which the examina- tion shall have beer* held, who shall, if he approve the finding of the board, be authorized to suspend the officer who has been pro- nounced unfit for his position, and shall inmiediately transmit to the Secretary of War the decision and proceedings of the Examin- ing Board, with his own action and opinion endorsed thereon : Provided, That such ollicer shall be entitled to be heard, and to call witnesses in his defence.
Sec, 3.' Be it further enacted, That the Secretary of War, if he approve the finding of the Board and the action of the General commanding the Department, shall lay the same before the Presi- dent, who is authorized to retire honorably, without pay or allow- ances, or to drop from the army, as the circumstancesof the case may warrant, and the good of the service require, the officer who has been found unfit for his position.
Sec. 4. Be it further enacted, Tliat, in order to secure reliable
CONFEDERATE STATES. 89
by made the duly of each officer commanding a regiment, separate battalion, company, battery, or squadron, to make to his immedi- ate commanding otlieer, Avho shall transmit the same to the Briga dier General commanding, a monthly report in tabular form, a copy whereof shall be retained by the reporting officer, subject to the inspection of all officers interested therein, containing a list of all commissioned officers of such regiment, separate battalion, com- pany, battery, or squadron, in which shall be stated the number of days each officer has been absent from his command with or without, or on sick leave ; the number of times each officer has been ob- served to have been ab&ent from his command, when on march or in action ; when and where each officer has been observed to have performed signal acts of service; when and where negligent in the performance of duty, and inattentive to the security and economy of public property ; printed blank forms of which said reports shall be furnished by the Secretary of War, for the use of the offi- cers whose duty it is made to make such reports.
Sec. 5. Be it further' enacted^ That whenever any officer of a company, battalion, sqiiiidron or regiment shall have been drop- ped, or honorably retired, in accordance with the provisions of this act, then the officer next in rjink shall be promoted to the vacancy, if competent, such competency to be ascertained as provided in the first and second sections of this act, and if not competent, thei. the next officer in rank shall be promoted ; and so on, until all the commissioned officers of the company, battalion, squadron, or regi- ment, shall have been gone through with; and if there be no offi- cer of the company, battalion, squadron or regiment competent to fill the vacancy, then the President shall, by and with the advice and consent of the Senate, fill the same by appointment : Provided, That the officer appointed shall be from the same State as that to which the company, battalion, s({uadron or regiment belongs : And provided further, That nothing herein contained shall be con- strued as limiting the power heretofore conferred upon the Presi- dent by existing hiws, to fill any vacancy by the promotion of offi- cers or the appointment of privates "distinguished in the service by the exhil)ition of extraordinary valor and skill :" And provided further, That vacancies arising under the operation of this act, in regiments or battalions which were organized under the laws of a State for the war, or for a period not yet expired, shall be filled as in case of death or resignation. ^ Approved October 13, 1862.
An Act to authorize the grant of Medals and Badges of Distinc- tion as a Reward for Courage and Good Conduct in the Field of Battle.
90 MILITARY LAWS OF THE
The Congress of the Confederate States of America do enacts That the President be, and he is hereby, authorized to bestow medals, with proper devices, upon sueh officers of the armies of the Confederate fetates as shall be conspicuous for courage and ijood conduct on the field of battle : and also to confer a badw of distinc- tion upon one private or non-commissioned officer of each compa- ny after every signal victory it shall have assisted to achieve. The non-o%mmissioned officers and privates r>f the company, who may be present on the first dress parade thereafter, may choose, by a majority of their votes, the soldier best entitled to receive such (iis- tinction, whose name shall be communicated to the President by commanding officers of the company, and if the award fall upon a deceased soldier, the badge thus awarded him shall be deliven-d to his widow, or if there be no widow, to any relation the President may adjudge entitled to receive it. Approved Oct. 13, 1862.
An Act to protect the Rights of Owner§ of Slaves taken by, or employed in, the Army.
Section 1. The Congress of the Confedemte States of America do enact, That every person connected with the Army or Navy of the Confederate States, arresting or coming into possession of any slave by capture from the enemy, or otherwise than by lawful authority, shall immediately report the same to the commanding officer of the post, or brigade, or station to which he may be attached. The said commanding officer shall, with as little delay as practicable, send the slaves so reported to the nearest depot described in the uext section, with a register of the place and dateof their arrest : Provi- ded, however, That the said slaves or any of them may at once be delivered to their respective owners, if claim is made and estab- lished on satisfactory evidence.
Sec. 2. The Secretary of War shall establish depots for recap- tured slaves at convenient places nijt more than five in number in each State, and all slaves captured in such State shall be kept in such depots. Public notice shall be given of the places so selected.
Sec. 3. Lists of the slaves in each of sueh depots showing the name and color of such slaves, the place and time of their arrest, and the names of their owners as given by themselves, or other- wise ascertained, shall be regularly advertised in each State in one or more newspapers of general circulation.
Sec. 4. While such slaves are in depot, they may be employed under proper guard on public works; but no slave shall be re- moved from the depot to which they are first carried for at least
CONFEDERATE STATES. 91
one month after the first advertisement of his being there, nor then, unless an exact register is made of the removal, and due advertise- ment made in the newspapers as aforesaid.
Sec. 5. Free access shall be permitted to all persons desiring to inspect the said slaves for the purpose of identifying them and es- tablishing ownership, and upon due proof, they shall be immedi- ately restored to the persons claiming them.
Sec. 6. It shall further be the duty of the Secretary of War to require the names of all slaves in the employment of an officer or soldier of the Confederate Army or Navy, with the names and residence of their owners, and of the person by whom hired out, and of the officer or soldier hiring, to be reported to his Depart- ment, and a full register thereof to be kept for public inspection.
Sec. 7. The President shall prescribe regulations for carrying this Act into effect, and provide for the subsistence of said slaves while in such depots.
Approved Oct. 13, 18G2.
An Act to authorize the formation of Volunteer Companies for
Local Defence.
The Congress of the Cfinfederate States of America do enacts That for the purpose of local defence in any portion of the Confed- erate States, any number of persons not less than twenty, who are over the age of fortr-fiTe years, or otherwise not liable to military duty, may associate themselves as a military company, elect their own officers, and establish rules and regulations for their own gov- ernment, and shall be considered as belonging to the Provisional Army of the Confederate States, serving without pay or allow- ances, and entitled, when captured by the enemy, to all the privi- leges of prisoners of war: Provided, That such company shall, as soon as praticable, transmit their muster roll, or a list of the names of the officers and privates thereof, to the Governor of the State, the Commanding-General of the Department, or any Brigadier- General in the State or Confederate service to be forwarded to the Secretary of War ; but the President, or the commander of the military district may, at any time, disband such companies : Pro- vided, That in the States and districts in which the Act entitled " An Act to further provide for the public defence," approved April sixteenth, eighteen hundred and sixty two, and the Acts amendatory thereof, have been suspended, persons of any age, res- ident within such States or districts, may volunteer and form part of such companies, so long as such suspension may continue : Pro- vided, That no person shall become a member of said company un- til he shall have first taken the oath of allegiance to the Confederate
92 MILITARY LAWS OF THB
States of America in writing, a copy of which shall be filed with the muster roll of said company as above prescribed. Approved October 13, 1862.
An Act to increase and regulate the appointment of General Offi- cers in the Provisional Army.
The Congress of the Confederate States of America do enact^ That the President be, and he is hereby, authorized, by and with the adrice and consent of the Senate, to appoint twenty General Officers in the Provisional Army, and to assign them to such ap- propriate duties as he may deem expedient.
Approved October 13, 1862.
IlSriDEX.
PA«B.
Aeco7cnts, Of acting Commissaries and Quarter- mastersof Indian Troops ; how set- tled and paid, 46, 47
Adjutant and Inspector-Geiifral.
Department of, organized, 3, 14
Assistant Adj't General added to, . . .83
Adjutants. Of regiments and legions of the grade of subalterns, may be appointed.
Their pay and allowances 41
Aids-de-camp.
Ot Brigadier-Generals, 8, 9
Fora^re allowed to. 26
For President's Staff, 36, 56
Their rank and pay 36, 56
Of Generals, 56
Pay and allowances of,. 56
Appointments . Made by the President fn Military and Naval service combined, and
to be submitted to Congress, 42
Of officers to raise regiments, com- panies, etc 48
Of officers of arvillery in the Provis- ional Army, and in the Volunteer Corps, 49
Appropriations.
For the support of 3 thousand men for 12 months, to be called into ser- vice at Charleston, 13, 14
To provide arms, ammunition, etc.. lor the troops in Missouri, 30, 31
Fo"" certain floating defences, 47
ArTnorers. Appointment of Master Armorers,
and their salaries, 36
Salaries of Master Armorers may be
increased, 63
Ar^^ories. Appointment of Superintendents of, 36
Of Master Armorers, 36
Their Salaries '.. ...36
Arms. President to receive arms from the
States 5
Law of U. S. in relation to purchase
of arms and military supplies ot a
patented invention, suspended,.. 24 Fabrication of small arms, 36
PAOS.
Of Volunteer Corps for 12 months, to be under the Presidt's control.. 49
Pay for private arms, 60
Army.
Organization of General StafT, 3
Adjutant and Inspector- General's
Department, 3
Quartermaster-General's Dep'nt, 3, 23 Comn::issary-General's Dep'nt, ...4, 23
Medical Department 4, 24
Officers of the said Departments not
to assume command of troops,. . .. 4 President to appoint Stafl' officers,.. 4 President to have control of all mil
itary operations in the States,.... 5 To receive Volunteer Forces, 5,16, 17 Such forces may Be received with theirofficcrs in companies, etc., 5, 16
Pay and allowances, 5
May employ Militia, Military and Naval Forces, and ask for and re- ceive Volunteers, 5
How long Militia to serve, 5
Establishment and organization
of, 7. 13, 23, 24, 26, 29
Corps of Engineers, 7, 8, 23
Corps of Artillery 8
Regiments of Infantry, ....8,23
Regiments of Cavalry, 8, 23
Brigadier-Generals and their Aids- de-camp, 8, 9
Officers of, to be appointed by the
President, 9
Master Arniorers, carriage-makers, blacksmiths, artificers, A laborers, attached to the corps of artillery, 11
Rations and clothing, 12,38
Officers to perform all uiilitary duties to which they may be severally as- signed by the President, 12
Secretary of War to prepare and publish regulations prescribingthe details of every Department in the service for thegeneral government
of the Army i. . . .12
Regiment of Zouaves added to,... .15 Volunteer Forces may be attached to Divisions, Brigades or regiments, or ordered^upon independent ser- vice, J 17
Officers to be commissioned by the President 17
11
THE INDEX.
Supernumerary officers to be attach- ed to each company, 17
Companies oflighl artillery with com- plement of olU'ers and equipments may be received into the service, 17
Milry Establisliment increased, 23, '2i
Additional company of Sappers and Bombardiers, 2!)
Transportation of Soldiers and allow- ance of clothing for Volunteers, 26
Subalterns of the Line may be as- signed to the duties of Adjutat of regiment or battalion, 27
Temporary rank and command, for service with voTieer troops, may be conferred on oflicers of the army, 27
Amendment of act forestablishmenl and organization of, 29
Civilians may be appointed StaffOffi cers, 20. 30, 10
Two Field Officers allowed certain Battallions of Volunteers, 30
Assistant AdjutantsGeneral may be appointed for Volunteer Forces, ..30
Their rank and pay 30
Surgeons and Assistant Surgeons in the Provisional Army for the Hos- pitals 32
Provision for the payment of horses purchased,. 34
Volunteers lor local defence and spe- cial service, 34. 35
Cooks and Nurses for the, 30
Corps of Artillery increased, 36
Military Store keepers of Ordnance to be appointed 36
Also, Superintendents of Armories and Master Armorers, 36
Aids-de camp for Presdt's Staff", 36. 56
Additional Sergeants allowed each company, 3G
Adjutants of regiments and legions of the grade of Subalterns maybe appointed 41
Reception and forwarding of articles sent to the army by private contri- bution, 41
Rations allowed Chaplains,. . . .41, 64
Drill-Masters appointed by Slates, to be honorably discharged on appli- cation, 41
Bread and vegetables to be furnish- ed 41,42
0 (Fleers tQ ajfix s!giiature of Presi- dent to Commissioners, 43
Appointment of Chief Bugleror Prin- cipal Musician, 43
Bounty and Furloughs to privates, musicians, and non-commissioned oilicers, 43
Transportation 43
Commutation value in money of the transportation in lieu of fur- loughs, 43, 44
Re-organization of troops re-volun- teering or re enlisting at the expi- ration of their j>re5ent term of
service, 44
Vacancies, how filled, 44
Oilicers in, rendering service before
receiving. their commission, 44
Their rank and pay, 44
Recruiting and enlisting of men for companies reduced by casual- ties, 44, 45
Appointment of otlicers of Engineers
in the Provisional Army, 45
Their rank, pay. and emoluments,. .45 Temporary rank and command upon officers of the army, on duty in
certain bureaus, 45, -46
When such appointments to cea««e, 46 To be held without prejudice to their
positions in the army, 46
Provision for the payment of Indian
troops, 4G
Volunteers may be accepted singly
as well as in companies, 17, 48
Appointment of field and com pany of- ficers under Act to raise additional Military Force to serve during the
war, 43
Vacancies filled by promotion, 48
Vacancies in the ranks of companies
may be filled by Volunteers, 48
Officers, etc., may be detailed to re- cruit for companies, 48
When recruits to be mustered in, ..48 Transportation, subsistence, and pay, 48 Appointment of persons as field offi- cers or captains, to raise regi- ments, companies, etc., 4S
Pay 48
When appointments to expire 48
When enlistments undercommission
of Captains not obligatory, 49
Appointment of officers of .Artillery intlie Provisional army, and in the
voluiUeer corps, ■ 49
President authorized to call on tho States for troops to serve for lliree
years or during the war, 49
Troops to be eijualized among the
States, 19, 50
Provision for recruiting companies, now in the service for twelve
moiiths, 50
Term for which militia called into service not to apply to certain men drafted into service by (he Siatf>s, 51
TILE INDEX.
Ill
O/Hcersappo'ted to raise certain com- panies, battalions and reginieots, to
he olHi;ers of the sarne 52
Commissions of such otTicers made
absolute, » 02
Organization of the Maryland Line, 52 Rank of certain officers fixed,.... 52 Increase of the quartermaster and
commissary departments 53
Pay and allowances due to deceased
soldiers, 53, 7(5
Date at which liounty shall be paid
to soldiers enlisting for the war, ..54 Army officer, appointed Secretary of
War not to lose his ranlc, 55
Corps for the defence of Mobile bay
and the Alabama river. Officers ;
their rank and pay, 56
Stall' and clerical force ot General
wiio may be assigned to duty at
scat of government, 50
Their pay and allowances, 60
OHiccs, feul, etc,, to be provided,.. 56 Additional aids-de-camp allowed the
President, 56
Their rank, pay and allowances,.. 56 Act of March 6th, 1861, amended to
make it apply to companies rec'ed
into the service for duty as Heavy
Artillery 57
Same act and the act of May 10, 1801,
to extend to companies of i>ight and
Heavy Artillery, now in, or which
may be received info the service. 57
Companies, etc., of troops to be organ- ized and armed with oikes or other., available arms, 57
To serve as infantry or be attached to other regiments in the service,. 57
Men may be detailed from such com- panies to fill vacancies in compan- ies armed with fire-arms, 57
All wiiite men, residents of the Con- federate States, between the ages of is and 35 years, placed in the military service, 58
Those now in the army continued in the .service, 58
Reorganization, of companies, etc., whose term of enlistment was for
twelve months, 58
Furloughs may be granted, 58
Com mutation, 59
Pers ns now enrolled, under the age of 18 or over 35 yea^s, required to
remain for ninety days, 59
Laws providing *or the re-enlistment of volunteers and organization there- of repeakd, TiO
Companies, etc., with number of men requisite for orfrauization enrolled, to be musteicd into service, 59
Enrollment of men, 59
Persous enrolled assigned to com- panies in the service from the Stales which they come, 59
Transfer of seamen from land for- ces to the naval service, 59
Excess of enrolled persons kept as a reserve, 59
Details from the reserve to keep each company to ics maximum, GO
Reserves may remain at home, GO
Not to receive pay, nor be subiect to rules and articles of war, GO
When the entire reserve may be call- ed into actual service, ., 60
Organi.Tation, 60
Election of officers GO
Iroops raised in different States not to be com bined, 60
Bounty, 60
Pay for private arms, 60
Substitu»ep allowed, 60
Vacancies to be filled by the Presi- dent from the companies, etc,, in which they oci-ur by promotion according to seniority, 61
Election of officers for regiments, etc., coinpused of 13 months and war companies, 61
Complement of infinty; field artil- lery; cava ry, 61
Persons subject to enrollment may voluutecr, .• Gl
Act to organize a signal corps, 61
Number of ordnance seargcants in- creased so as to provide one for each regiment, . . . . ; 62
Appointment of drill-masters for camps of instruction, 63
Payment of officers of the Virginia militki for services rendered, 63
Companies with less than The mini- mum number of men, already in the service, recognized as if duly * organized 64
Rank of the officers of such compan- ies, 64
Pay and rations of the officers and men, 64
Drunkenness of commissioned offi- cers in the army, punished 64
Duty of all officers to make report thereof, 64
Court for the trial of oflfenders, 64, G5
Bunds of Partizan Rangers, 05
Pay rations and quarters, 65
Entitled to the full wilue of arms, etc.,
captured, 65
Enlistment of cooW," 05
IV
THE INDEX.
Their duties, 65
Mav be wliiteor black, free or slave persons, , 65
Aijpoiuimcnt of additional officers in the Engineer corps of ihe Provis^ion- al Army, 66
Ai)poinluieut of officers of artillery of the rank of captain and first lieuten- an I in the Provisional Army, 66
Act to organize battalions of sharp- shooters, 67
Companies, etc., which have been or- pranized or are in service under State authority, may be acceptt-d, 67
Persons exempted from military ser- vice 67, 68, 8:3, 87
Vacancies in companies, battalions, etc. how, and by whom tilled, 68
In I he low'St grades of commissioned olMcersofa compjiny lilled by elec- tion, 68
President may fill vacancies by the pro- motiwn of officers or privates for dis- tinguished services, 68
Appoiniincnt of additional officers of artillery for ordnance duties, 69
Organization of divisions into army corps, 60
Each army corps to be commanded by a Lieutenant General, 6U
Transfer of privates and non commis- sioned officer.^. 69, 70
Rank conferred on officers of the en- gineer corps 70
?^umber of officers in each grade limi- ted 70
All while men, residents of the C. S. between the ages of 35 and 45 years,
■ placed ill the military service,... 70
Also all persons who may hereafter be- come 18 years of age, 71
To serve their full time, 71
\Yhere all not required, who to be fir-t- culled out, 71
Disposition madeof persons called into the military service 71
Susi)ension of conscript acts in cer- tain l(jca ities, 71
When soldiera in the service may be af^signod as nurses and ward-mas- ters, 73
Apj)ointnient of adjutant of the grade of subaltern for independent battal- ions, 74
Rank, j'iiy and allowance, 74
Soldiers transferred to be furnished with transportatiiui, 75
Campd ol instruction for enrolled per- sons, 77
Soldiers to be provided with cloth- i"}?, 77
To be paid the money value of clothing due them at the end Jcf the year, 77
Machinery or materials for the manu- facture of clothing and shoes for, may be imported duty free, 77
May be worked on ijovernment ac- count, or leased or sold, 77
Privilege of this act extended to com- panies or individuals, 77
Clothing for the, may be of such col- or and (pvaliiyas may be obtained, 78
Assistant Adjutant (Jeneral added to the Adjutant and Inspector Gener- al 8 depanment, 83
As to organization of mililary courts to attend the army into the field, see title MiWan/ Courts^ and 78, 80
Per.-ons may be detailed from, for the manufacture of shoes for the army, 80
Their pay, 80
Regiments or battalions organized prior to Oct. 1, 1862, though com- posed in p;»rt of persons between the atft's of 18 and 35 years, may be received into the service, 81
Those organized after that time not to be reeei*«d, except in Slates, etc., where the conscript law may be sus- pended, 81
Regiments or battalions organized of ooiiseripts of any the S ates west of the Mississippi river, may be receiv- ed 81
President may accept companies, etc., of infantry, ruised before Dec. 1, 1862, wiihin the limits of luiddle and west Tennessee, 81
Elee ion of the officers, 81
Vacancies filled by the President,. . 81
May also accept companies, etc, from ceriaiu counties in North Carolina exposed to the iucursions of the enemy, 81
Act of May 8, 1861, authorizing the Piesidont t'» accept the services of volunteers without retrard to the place of enlistment, Ac, to Imve full effect in certain States and dis- tricts, 83
President may appoint major and brig- adier generals, with their stall's, and the field eoinpany and ^ talfolHt'ers to r^-ginienls, etc., before the saaie are or^a nixed, *. . 82
Commissions of the officers may be vacated, if reginiciUs. etc., not com- pleted within a reasonable time,. 82
Pay of the ollicers, 83
Of what number companies of the dif- ferent arms of the service to con- sist, 83
Bounty secured to soldiers and officers tiiou;.^li dead or discharjjed, to be paid as other arrearages, 83
THE INDEX.
As to proceedings to determine the qualifications of olFicers of the ar- my, and filling of vacancies where any o/ficer is dropped or retired, see title Examiv? g Board and, 88, 89
Bestowment of medals and badges of distinction as a reward for courage and good conduct on the field of battle, 90
How soldiers best entitled to receive such distinction to be chosen,. . . 90
His name to be communicated to the President, 90
How badges are disposed of when the award falls on a deceased soldier, 90
As to the protection of the rigllts of owners of slaves taken by or em- ployed in the army, sec title S/aves, and 90, 91
Formation of volunteer companies for local defence, 91
Such companies considered as belong- ing to the provisional army, 91
President authorized to increase the appointment of general officers in the provisional army, 92
Army Corps.
Organization of Divisions into 69
Each army corps to be commanded by a Lieutenant General, G9
President authorized to organize di- visions of the piovisional army in- to army corps, and to appoint the officers thereof, 76
"When commanders of, may detail an officer to perform the duties of judge advocate for military courts,. ... 79 Army Intelligence Office.
Commutation in lieu of quarters al- lowed superintendent of, and his clerks, 87
Extra pay allowed clerks, increased, 87 Arrests.
When notice of, to be given judge advocate, '. SO
President to cause proper oflicers.to investigate the cases of all persons
arrested, .^ 87
Article^of War.,
Establislied by the laws of the Confed- erate States, declared to be in force, except, &c., 12, 13
%rtillery.
Corps of. S
Charged with Ordnance duties,. ... 8 Of what officers, <kc., to consist. 8. 11
5
Companies of Light Artillery with officers and equipments may be re- ceived into the service, 17
Corps of, inc. eased 36
Appointment of officers of, in the Provisional Army, and in the vol- unteer corps, 49
Acts of March 6th, and May 10, 1S61, extended so as to apply to compa- nies of light and heavy artillery,. 57
Appointment of officers 6f, of the rank of Captain and First Lieuten- ant, in the Provisional army,. ... 66
Number 66
Appointment of additional officers of for Ordnance duties, 69
Badges a7id Medals.,
Of distinction ; bestowment of, as a reward for courage and good con- duct on the field of battle, 90
How soldiers, best entitled to receive such distinction to be chosen,. ... 90
His name to be communicated to the President, 90
How badges disposed oi when the award falls on a deceased soldier, 90
Bakeries,
To be established, 42
Board of Examiyiatiov, Of enrolled men, to be established in each Congressional district..... 82
Bombardiers. Company of, added to military estab- lishment, 25
Bonds J
Ofofficersof the quartermaster's and
commissaries departments,... 7, 12 Of military store-keepers of Ord- nance, 36
J Bounty.
Allowed for each person on board any armed ship or vessel of the United States, burnt, sunk or destroyed, 21
To enlisted men in the army, 24
When allowed for prisoners captured on vessels of the enemy, 28
Granted to privates, musicians, or noncommissioned ofilcers, 43
To recruits, 48, 50
To State troops who le-e^^liet in Jhe service of the C. S., 51
Date at which to be paid to soldiers enlisting for the war, 54
Secured to soldiers and officers, though dead or discharged, to be paid as other arrearages, 83
VI
THE INDEX.
Soldiers continued In service under the CommhKarifS.
Conscription act to receive bounty,. . 60 1 Commissary Generars Department organ- Pay of the deceased soldiers, 58, 76 ized 3, 4, 14
^Pfficl 'Commissary General's Department in
For the army, 41, 42
creased,
23
BualerK .When additional commissary may be ap-
Appointmect of cbiel Bugler to each reg- ! pointed, »
imentln the army,. 43 Bond,. •••••.•;• V," •„,• *' 1^
Cadeii Accounts of, of certain Indian Troops,.... 46
Appointment of, ' 24 '^^,II"*^"/„'"*"* "^ *^ permanent post* and
Fi om North Carolina Institute, acting with
first regiment of voluntee s from that
State, to be mustered into service, 29
Pay of, 2t, 8S
Promotion, 24
Cavipft. Of inBtrnction to be established for enroll- „ , » > 1 1- . »■ »
ed persons. 77 ^^'^P*-'''' "^ ^*w providing commutation for
' ^ . clothln?,
Allowed Fnperintendents of army intelli-
depots, 63
Not allowed clerks, 58
Persons from the ranks may detailed to
serve in their oflices, 53
Commutation.
In lieu of furloughs, 48, 44
For clothing, 26, 88
Officers to he appointed toaujierintend the Bitne, their rank and piiy 77
Only those who are fit for military duty to attend, 82
Catalry, Of what officers, &c., each regiment of, to
consist,
I gence office and his clerks, 87
ComptnMatiov. Pay and allowuncts of lorces received
from the !>tate8, or volunteers 5
Of army officers, 9, 11,23
Of enlisted men of the army, 11, 23
Additional regiment of, authorized 23i^)f master armorers, blacksmiths, carriage
Chaplains. makers, Ac. attached to the corps of ar-
Appolntment of, 1ft, 25 t iilery, 11, 12
Monthly pay, 16, 25, 64 Of chaplains, 15, 25, 64
Rations, 41,64 Of officers and privates of regiment of
Claims. Zouaves 15,16
Of certain officers to be audltei by Secre- ^^ additional corps of engineers, 23
tary of War, 47 <^f military storekeepers, 28,^4
Due to deceused non-commissioned offi- cers and privates, may be paid without
Of Cadets 24, SB
Of Hospital Stewards, 24
producing pay-roll, 76 ^' cooks and nurses, 35, 65
Of deceased commissioned officers paid in Of officers and private* of companies of
same manner, 76 sappers, and bombardiers, 25
Clerical force in Second' Auditor's' office Of officers of corps for the defence of
increased for the adjustment of such ' Mobile bay and Alabama river, 56
claims, i^g Of additional aids-de-camp on the Presi- dent's staff, 56
Clerks,
Of military courts, 79
Salary, 79
Additional clerks In bureau of Quarter- master Gen^'ral, 63
Clothinff,
for the army, 12,83, 77
Allowance in lieu of, 26, 8S, 77 Of additional clerks authorized in the -
Allowed for the use of the sick while .in bureau of the Quartermaster General,.. 63
hospitals,. 72 Of master-annorers Increased 63
To be drawn upon the wrltti'n requlsi- Of LleutenantGeneral of army corp',. . . 69 sition of the Surgeon and kept for the Ofniatrons, cooks, nurses and ward-mas- use of the hospital, 72 ters of hospitals 72,78
Surgeon to account for, as for the public Of adjutants for independent battalions, 74
property, 72 Of officers appointed to superintend camps
Soldiers to be paid the money value of, of instruction, 77
due them at the end of the year, 77! Of members and officers of military courts
Repeal of law providing commutation I to attend army corps in the field,. ....78, 79
for, 77 1 Of persons detailed from the army to
Machinery or materials for the manufac- I njanufacture shoes for the army, 80
ture of, for the army, may be imported \0{ officers of regiments, &c.,ai)pointed be-
duty free, • 77; fore the same are organized 82, 83
Of military Secretary, aid-de-camps and clerks on staff of the General assigned
to duty at the seat of government, 66
Of colored persons employed as musicians, 58
Of drill masters,. 62
Of officers of the Virginia militia for ser- vices rendered the Confeilerate States, 62, 60
May be marked on government account or leased, or sold, 77
Privilege of this act extended to compan- ies or individuals, 77
May be of &uch color and quality ae may be obtained, 77
Of clerks iu Army Intelligence oflice, in- creased, -y 87
Conacripiion.—iSee Army)..M, 61, 70, 71
Contempts, Punishment for, by military courts, 79
THE INDEX.
Yll
Cooks,
Employment of, for the military service, 35
Appropriation for, S
Enlistment of, in the army 65
Duties, 65
May be white or black, free or slave per- sons, 65
P»y, 85,65
May be employed for hospitals, 73
Their pay, 73
Cottri?.— (See Military Courts.^ For the trial of commissioned officers in
the army for drunkenness, 64
Findings of, to be reported to Secretary of
War, and I y him to Consress, 65
Crimes and PunUhments. Punishment of commissioned officers for
drunkennesss, 64
Of contempts by military courts, • 79
Deceased Soldiers and Offlcers. Pay and allowances to deceased soldiers, non-commissioned officers, musicians.
Appointment of additional officers in the Engineer corps of the Provisional army, 6C
Rank,... 66, 70
Number, 66, 70
Enrollment
Of persons under the original conscription act, V 69
By whom to be made, 69
Persons subject to, may volunteer pre- vious to enrollment, 61
Of persons under the amended conscrip- tion act, 70, 7
Persons subject to, may enlist in the ma- rine corps 75
May be enrolled for service in the navy or marine corps at any time before as- signment to any company, -. 75
Duty of enrolling officer 75
Camps of instruction for enrolled per- sons, 77
Persons subject to, may be enrolled where ever found, 78
and privates, 68 Act not to extend to members of military
May be paid without producing pay-roll, 76 j organizations under State laws, 78
Of deceased commissioned officers paid Suspension of act as to residents of cer-
in like manner, 76 tain localities, 78
Departments. Places of rendezvous for enrolled men Organization of Adjutant and Inspector | establifhed, 81
GeneraPs Department, 8, 14 Persons enrolled to be examined by a
Organization of Quartermaster GeneraPs j surgeon, ^. 81
Department, 8, 14 Surgeon to give notice of the time, 81
Organization of Commissary Generals De- iDecisionof surgeon taken as final, 82
partment., 4, 14 Board of examination for enrolled per-
sons, how constituted, 82
Provision as to persons unable to attend places of rendezvous on account of
sickness,' 82
When held liable as wil*io'ut leave, 82
Evidence.
Organization of Medical Department,.. .4, 14 Quartermaster General's, Commissary t General's and Medical Department, in- creased, 23
Depots For recaptured slaves to be established,. 90 Public notice to be given of the places se- lected 90 Perpetuation of the testimony of the de- List of the slaves in, to be published, 90 struction of property under military
Emplovment of slaves 90 necessity 55
When they may bo removed, 90 leaking of, in cases before military courts 79
Their subsistence to be provided for by | Examining Board
tne i-resideni, . . . . . •.•••••• »1 , To. determine the qualifications of offi-
f.. , ^eavuciwn j cers of the army 8&
Of property under military necessity, ... 55 g ^^om appointed . 85
fn^^^lTToln^'r"""^"^ ''Sutle^*of:!!'".^!?T^^^^ ••• tl
Indemnity to owners. 65
Drillmasters Appointed by the States to be honorably
discharged, 41
May be appointed for camps of Instruc- tion or reserve forces, 62
Pay, 62
Drunkenness
Of commissioned officers, how punished, 64
Duty of all officers to make report thereof, 64
Court for trial of offenders, 64
Findings of the Court, „ 65
Duties. Machinery or material for the manufac- ture of clothing and shoes for the army,
maybe imported duty free, .'.• 77
Engineers.
Corps of, of whom to ccnsist 7, 8
Officers, ." 8
Duty of Colonel, 8
President may add to the corps of, one Lieutenant Colonel and five captains,.. 23
Decisions and proceeding of, to be com municated to the general commanding the department, 88
Officer pronounced unfit for his position may be suspended by the general, 88
Proceedings in such case to be transmitted to Secretary of War, 88
Officer entitled to make defence S8
Finding of, if approved by the Secretary of War, to be laid before the President^ 88
President may retire honorably or drop f'om the army the officer found unfit,. . 88
Officers commanding regiments, separate battalions, etc to maVe monthly reports of the conduct of commissioned officers under their respective commands, 88, 89
Printed forms of reports to be furnished, 89
Promotion to fill vacancies where any offi- cer is dropped or honorably retired,.... 89
Competency of officers to fill vacancies, how ascertained, 89
Till
THE INDEX.
If no ofTicer be competent, the President may fill the Tacancy, d... 89
Ofli-er appointed to be fi-om the State to which the company, battalion, etc., t)e- lonffs, 89
Vacancies in ref^inentsorbattaliong orpan- ized under State laws to be filled as in case of death or resiffnalion, 89
Srevipta. Persons exempt from military ser- i
Sick or wounded soldiers to be sent to ho§- pitals representing the State In which they reside, 78
Nurses, cooks, etc., to be paid monthly; by whom and how, .* 78
Infantry, Of what officers, Ac, each regiment of,
to consist, 8
Two additional res:! men ts of, authorized, 28 Jnrention«,
^'ce, 67, 6S, S4, 87 Inventors of any new kind of armed ves-
Exemntlon act of April 21,1862, repealed, 87 sel, floatinjj battery or defence to have
Filter, Forfeiture*, and PennUi^. : exclusive rl^ht thereto 27,28
Infliction of penalties by military courts, 79, 80 Of machines for destroying the armed vea-
Punishnient for contempt by said courts, 79, sela of the enemy, • . 66
Floatitig BatUriea. Inventor allowed fifty per cent., of the
Bight of inventors of, ' 27,28 value of the property dest'oyed, 66
Forage. i Judge Advocate, ■
Allowance of, 10 11 26 ^'^ "'^ appointed for military courts that
Fuel, ' ' attend army corps in tho ield, 78
Allowance of, 10, 11 '^'*"'^ »"'l P»y» ^8
Farl<)itghA.
To privates, musicians and non-commis- sioned oflicera,; 4.<?
Allowance in lieu of, 48,59
To State troops who re-en'ist, in the ser- vice of the Confederate States, 44, 54
To persons retained in the service beyond the period of their original enlistment, 58 Habeas Corpus,
Writ of, suspended, 55, 87
Proper orticers to be appointed to 1 iveitl- gate the cases of persons arrested, 87
Continuance of act, S7
Horses,
Allowance for the use and risk of, . . . 6. 26 « 1"^,',. ' ; " ;. ; V lil'"!'
Allowance to volunteers for hors;s killed'' '' P^^;;;;?! ,^;,,^^^^^^^^ ''' clothing to
in battle « , *5"'"'t. ^' ,1'.. ' ' ' IL" ' V z 'A'i:'
Foras* for, 10, 11, 26
Purchased for the army by Col. McDon- ald to be paid for, 84
Hospital Stewards,
Enlistment of, 24
Pay and allowances, : ... 24
Hospitals, Appointment of surgeons and assistant
BurReons for, 82
Appropriation for military hospitals, 86
Commutation, value fixed of rations of
soldiers in, 1 71
Hospital fund ; of what ccnstituted, by
whom held, and how appropriated,. . , . 71 Increase of fund over certain amount, to
to be paid into the treasury, 71, 72
Crtmniissary to account for funds,...,..,. 72
Term of office, 78
Appointment? may be madejdurlng recess
of the Senate, 80
Juritsdiciion,
Of military courts, ; 79
Laundresses,
May be employed for Military Hospitals, 42 Ldws of fie Confederate States.
Certain law of U. S. in relation to pur- chase, &c., of arms and. military sup- plies which are of a patented invention, suspended, 24
Providing for the re-enlistment of volun- teers and the jorganizatlon thereof, re- ' pealed, 69
77
Act of May 8, 1801, authorizing the Pres- ident to accept the services of volun- teers without regard to the place of enlistment, Ac, to have full effect in certain States and district*, 82
Exemption act of April 21, 1862, repealed, 87 Lieutenant General,
To be appointed to command army corps, 69
To receive pay of Brigadier General, 69
Local Defence.
Acceptance of volunteers for the defence of exposed places or localities, or for special service, 84
Muster-roll to set lorth the services to be performed, 85
When such volunteers considered in ac- tual service, . . 85
Likewise sur;reons and assistant surgeons 72 ^^*^''" 1*'^^ """ subsistence, 85
72
Account to be verified by vouchers, Transportation of supplies for, by rail- roads and boats, 72
Clothing allowed each hospital, 72(_ i i. i i ■ oi
Matrons and female attendants allowed. 72 '*"''-'» »"" Kegulatlons,. vi
How organized, 85
Field officers appointed by the "President^ 85
Volunteer companies for, 91
Of what persons composed, 91
Their duties and pay 72, 7")
Surgeons and assistant surgeons may em- ploy other nurses, cooks and ward-mas- ters 78
Their pay, 78
When spjdiers in the service may be as- signed as nurses and ward-masters,.... 73 To be nun\^ered as hosjjitals of a particu- lar StJite, 78
Musterroll to be sent to Secretary of War, 91
Com panics may be disbanded, 91
Oath, 91,92
Lumherton Guards, When President authorized to discharge
said company, .*. 42
Murine Corps, Persons subject to enrollment for military service may enlist in, 75
THE INDEX.
IX
Enlistment mfty be at any time before as-
Bigiimeiit to any company, 75
Marque H7id Repi Ual,
Act concerninp>iette''s of, 17, 28
Maryland Line,
Organization of, 5|
Jfatrons. '
Allowed hospitals, 72, 73
-l^uties aud pay, 12, 13
Medals and Badges. 1
Bestowmcnt of, as a reward for courage
and good conduct on the field of
-battle, 90 1
How soldiers best entitled to receive such j
distinction to be chosen. 90 I
His name to be communicated to' the Pres- I
ident OO
How badge disposed of, wliea the award i
falls on a decensed soldier, 90
Medical Department,
Organized, 4
Increased .' 28
Hospital Stewards may be enlisted for,.. 24
Pay and aJlowances. ....... . 24
Mileage: All07cd officers traveling under orders, 11
Military Courts.
To be organized, 78
To consist of three members. Quorum, 78
Rank and pay,. .. 78
Appointment, 78
Term of office : 78
Judge Advocate for, 78
Rank and pav, 78
Term of office, 79
When comm nder of the army corps may detail an oflicer to perform the duties of
«T>idpe .Vdvocate 79
Provost marshal to be appointed for, .... 79
Kank and pay, 79
Also a clerk, .'. . 79
His salary and duties 79
Term of office of provost marshal and
clerk, ; 79
Oath of members and officers of the
court, 79
Rules of court, 79
Punishment for contempt of court, 79
Taking of evidence, attendance of wit- nesses, and enfi rcciuent of orders, etc., 79
Jurisdiction, 79
Inlliciion of pemltle",.. 79,80
When notice of the arrest and otTence to
be given the Judge Advocate, 80
To attend the army, have appropriate
(Ifliart rs, and to be always open,. .... 80 Final decisions of, subject to review, mit- igation and suspension, 80
Military Kstahlishmfnls. (See Army.)
Military Operations.
President to have control of in the States, 6
Military Store-ke pera.
A ppointment'of, 23
Appointment ( f, of ordnance, 36
Pay and allowances, 23,36
Militia.
May be cmpl )ycd by the Prosident,. . ... 5
How long to serve ». .... 6
Supplying, quarteryig, and transportir g
of, 7
I Term for which, called into service, not to apply to certain men drafted into service by the States, . . . . : 51
Payment of otticers of the Virginia Mili- tia for services rendered the Conftder- ate States, 62
Payment of stafiF officers of the Virginia Militia 6d
No payment to be made for any period subsequeutto March 30, 1862. 68
Junior major, paymaster, or surgeon's
mat©^ to receive no pay, .- . . . 63
Missoytri.
Defence of, *• .. 88
Troops of, may be received and rouf ter- ed into the service of the Confederate States, 83
Appointment of officers, 83
Filling of vacancies, 83
Admission of, as a member of the Confed- ■ erate States, i 88
Government of, recognized, 34
Mu n itlon s of Wa r.
Coutracts for, authorized, 8
Musician.'^. Appointment of principal musician for
each regiment, . . . . .' 43
Bounty and furlough to, 43
Pay of colored persons employed as, 58
Not to be employed without consent of
commanding officer of brigade, 53
Naturalization. Uniform rule of, for persons enlisted In the
army, 87
Oath of, 87 45
By whom administered 46
Extended to persons not citizens of the >► Confederate States engaged in the na- val service ol the Confederate States, 45 Notices. When notice of arrest and of the oflFence to be given judge aivocates, and by
whom,.. 80
Surgeons to give notice of time of exam- ination of enrolled men, 84
North Carolina. President may accept companies, etc., of Infantry raised before Dec. 1, 1862, in count'e.s in, exposed to tho incursion*
of the enemy, 81
Election of officers, 81
Vacancies filled by President, 81 ,_
Nurses. '■<■
Employment of, for the military service, 85 '
May be employed for hospitals, 73
Their duties and compensation, 73
Oaths.
Of officers, non-commissionod officers, mu- sicians, and privates, .14, 15
Required of soldiers to enable them- to receive their pay, before whom to be taken, ,' 75
Of mcinbers and offi:;er3 of military courts, -.- 75
Of natuialization, 37, 45
Officers. (See Volunteers^ Compensation.)
General Stair, 3,4,14
Of certain dejiartments not to assume comuiand of troops, , 4
THE INDEX.
Of the army to be appointed by the Pres- I
Went S>
To pass satisfactory examination, 9,
Meritorious non-com ml saloned officers | may be appointed to the lowest grade
<>f subaltern ofTicern, 9
To perform all military duties to which i thev may be seyerally assigned by the
Pre'sldent, . 12
Of quartermaster's and commissary de- , partments to give bonds, with sufTicient j
sureties. Penalty and condition, ISi
Certain officers and their assistant* in- j hibitcd from buying or seilinsr, except for, and on account of the Confeder- ate States, 12
Bripadler generals increased 14
To what duty they may be assigned, 14^
Relative rank of, how determined, 14,
Oaih-requlreKl of, 14,45
Field and stafT officers of regiments, etc , \ of volunteers to be appointed by the
President, 16
Company officers elected by the men com- posing the companj', Ifl'
Of Tolmiteer forces to be commissioned
by the President 17
Supernumerary officers may be attached
to each company of volunteers, 17
Kanii and denomination of general offi- cers, 28
Appointments to the rank of genefal
made by selection from the army 28
Of the army may be assigned to staff duty with volunteers or provisional troops, 24
Their rank, 24
Temporary rank and command may be conferred on officers of the army for
service with volunteer troops, 27
Civilians may be appointed staff officers, 29, 30 Two field officers allowed certain battal- ions of volunteers......... 80
Assistant adjutants general for volunteer
forces, 30
Field officers for battaliona and regi- ments for local defence and special
service, 35
OnScers added to corps of artillery, 86
Their pay and allowances, 86
Military Storekeepers of ordnance, S6
Superintendent! of armories and master
armorers, 36
Aids-de-camp for President's staff, 86
Additlooal sergeants for companies, 86
Adjutants of regiments and legions, 41
Their rank, pay, and allowances, 41
Drill masters to be honorably discharged, 41 To aCax signature of President to com-
slon In the army, 43
Election of, upon organization of troops
re- volunteering or re-enllstlng, 44
Taeancies, how filled, 44
Rank and pay of certain officers In the army who commenced service before
receiving their commissions, 44
Appointment of officers of engineers In
the provisional army, 45
Temporary rank ard command on offi- cers of the army on duty in certain bu- reaus, 46,46
Claims of certain r niters to be audited and settled by the Secretary of War,. . 47
Appointments of, under the act to raise an additional military force to serve during the war 48
Vacancies, how filled,. 48
May be detailed to recrlU men for com- panies 48
President may appoint to raise regt*' ments, companies, etc, 48
When such appointment* to expire, 48
Appointment of, of artillery in the pro- visional army, and in the volunteer corps, . • 4^«
To reiruit for companies now in the ser- vice for tM-elve months, 60
Election oi officers for such com]tanies, . . 60
Fiilinir of vacancies, 50
Appointed by the President to raise com- panies, battalions and regiments, to be the officers of the same, 52
Rank of certain officers fixed, 62
Appointment of quartermasters and commissaries at permanent ports and depot-9, 63
Army officer appointed Secretary of War not to lose his rank, C&
Staff and clerical force of General assign- ed to duty at the seat of government, 66
Election of, of companies, etc., under conscription act 6S, 60
Additional clerks authorized in the bu- reau of the quartermaster general, 63
Of companies received Into the service with less than the minimum number of men,. 64
Their rank, rations, etc., 64
Appointment of, in the engineer corps of the provisional army, 66
Appointment of officers of artillery in the same army 66
Commissioned officers of companies, and field and staff officers of battalions of sharp shooters, by whom appointed,.. 67
Appointment of additional officers of ar- tillery for ordnance duties ; rank, 69
Appointment of lieutenant general for each army corps, 69
Hlipay, 69
Transfer of non-commissioned officers to
regiinents from their own States 69, 70
Ranli conferred on, of the engineer corps
of the provisional army 70
Number of, in eiich grade limited, 70
Increase of in the signal corns, 70
Appointment of adjutants of independent
battalions, 74
Duty of enrolling officer as to enrolment
of persons in the navy or marine corps, 75 Claims due todeceased non-commissioned officers and privates may be paid with- out producing pay roll, 76
Claims of deceased commissioned officers,
how paid, 76
Accountant to assist second auditor,. ... 76
Also, tdditlonal temporary clerks, ; 76
Appointment of, in army corps, 76
Assistant adjutant general added to the adjutant and inspector general's De-
p>art ment, 88
As to appointment of members and » ffi- cers of military courts, see title Mili- tary Couria, and, 78, 79
THE INDEX.
XI
Of replinents, battalions, etc., may be ap- pointed before the same are organized, 82
Comrnissions may toe vacated if regi- ments, etc., not completed within a rea- sonable time, ... * 83
Bounty secured to.mough dead or dis- charged, to be paid as other arreara- ges, 83
President to cause proper officers to in- vestigate the cases of all persons arres- ted 87
Commutation in lieu of quarters allowed superintendent of army intelligence office, 8T
As to proceedings to determine the quali- fications of, and the filling of vacancies where any officer was dropped or hon- orably re ired, see title Eiramiiiing Board, and 88, 8J
Commanding regiments, separate battal- ions, etc., to make monthly reports of, the conduct of commissioned officers, 8*, 89
Printed forms of reports to be furnished, 89
Besto^'ment of medals and badges of dis- tinction on, as a reward for courage and good conduct on the field o^ battle, 90
Piesident authorized to increase the ap- pointment of general officers in the Proviiional army, 92
Partizan Rangers.
President may commission otilcers to form bands of, in companies, etc., either as infantry or cavalry, 6B
Pay, rations, and quarters, 66
Entitled to the full value of the arms and
munitions of war captured, 65
Perpetuation of Testimony.
Concerning the destruction of property
under military necessity, 65
Pikea.
Companies, etc., of troops may be organ- ized to be armed with, 67
PreMdeiii,
Authorized to contract for munitions of war, 3
To appoint staCF officers, 4
To have control of all military operations In the States, 4
To receive from the States arms and mu- nitions of war, 6
To receive forces in the service of the States, or who may volunteer, 5, 16
Such forces may be received with their officers in companies, etc., 6,16
Authorized to employ the militia, milita- ry, and naval forces, and to ask for and accept volunteers, t>
To appoint all officers of the army, 9
May appoint to the lowest grade of sub- altern officers meritorious non-commis- sioned officers, 9
Authorized to enlist master armorers, carriage makers, master blacksmiths, Ac , to be attached to the corps of ar- tillery, 11
To call into service only so many troops as the safety of the Confederacy may require, 18
To appoint chaplains, 15
To appoint lield and staff officers of regi- ments, ttc, of volunteer*, 16
Authorized to receive into the service such companies, battalions, etc., as may tender themselves, ifi 17
How organized, \ '17
May be attached todivisioEs, brigades, or regiments, or ordered upon independent service, 17
Officers to be commissioned by President* 17
Supernumerary officers may be tttached to each company, \i
May receive into the service companies of light artillery with officers and equipments, 17
May issue to private aimed vessels com- missions or letters of marque and re- prisal, 18, 19
May annul the same at his pleasure, 19
Authorized to increase military estab- lishment 23
To appoint milifary storekeepers 2.% 24
To appoint cadets from the several States, 24
To assign officers of the army to staff du- ty with volunteers or provisional for- ces J4
May assign subaltern of the line of the army to the duties of adjutant of regi- ment or battalion 27
May confer temporary rank and com- mand, for service with volunteer troops, on officers of the army 27
Authorized to receive Into service the first regiment of North CoroUna volunteers, 28
Also, cadets from the North Carolina In- stitute, actine with said regiment 29
To appoint civilians as '<taff officers 29, 40
To appoint assistant adjutants general,... 80
To have constructed a newly invented Implement of war, 81
To grant commissions to raise volunteer regiments and battalion'* of persons from Kentucky, Missouri, Maryland, and Delaware, 81
To employ the Militia, military, and na- val forces, and to ask for and accept volunteers 31, 32
To appoint surgeo is and assistant sur- geons in the provls'onal army for the hospitsls 82
To receive and muster into the service in the State of Missouri volunteer troops of that State 33
To accept volunteers for the deff»nce of exposed places or localities and lo ap- point the field officers, 84, 86
To appoint military storekeepers of ord- nance,... : 36
To appoint superintendents of armories and master armorers, 86
To appoint two aids-de-camp for bis personal staff, " . .. . 86
To establish recruiting stations for vol- unteers from Certain States, 88, 39
To inflict retaliation upon the persons of prisoners, S9
To appoint adjutants of regiments and legions of the grade of subaltern 41
To continue the appointments made by him in the military and naval service,. 42
To discharge the Luujberton Guards. 42
To delegate power to oflicers to affix his signature to commibsiouB in the army,. 43
Xll
THE INDEX.
To appoint chief buplcra and principal . |Milll:iry courts to attend each army corps *
musicians to repiments +}' in the field, under the direction of,. . .. 78
Meinliers and judf^es advocate of such courts to be appointed by, 78
To appoint oflicers of engiaeerg in the
provisional army, 45,86
To Confer temporary rank and command uj>on oftii'ersof the army on duty in
certain bureaus : •••
To expend, at his discretion, appropria- tions for certain Iloatintr dcfffhces 47
To accept volunteers singly as well as in
companies, etc., 47, 48
To appoint a,nd commlnslon persons as W field officers or captains, to raise regi- ments, squadrons, etc.,. 48
To have control of the arms of volun- teers for twelve months,
To call upon the several States for troops to serve for three years or during the
war,
To appoint quartermseters, Tissistant quart erniastfjrs, commissaries, and as- sistant commissaries at permanent posts
and depots, ,
To suspend the writ of habeas corpus,. .56, 87 To raiseia corps for service lu Mobile bay
and Alabama river
To fix the ranli a;id j>ay of the officers,. . To assign a general to duty at the seat of
government,
To api)oint additional aids-de-camp oft
ills stall
To appoint either btAte or Confederate officers to enroll persons under the
conscript act,
To fill vacancies in companies, battal- ions, etc CI. 6S
To appoint sicnal officers and sergeants^ 01
To appoint drill masters, C2
r To increase the s.ilaries of master armo- rers,
To commission officers to form bands of
partizan rangers
To appoint oflicers of artillery,
To appoint commissioned officers of com- pajiles, and fiehl and wtaff officers of
battalions (tf sharp shooters, 07
To accept the services of companies, etc , organized or in service uud«r stated
Appointment may be during the recess pf"
the Senate
46iMay receive into tie service regiments or battalions organized prior ta Oct. 1, 18G2, though composed in i)art of per- sons between the ages of 18 and 85 years , •
80
81
49
49
68
C3
81
Those organized after that time not to be received except in States, etc., when the conscript may bc suspended, 81
May receive Into the service regiments or battalions organized of conscrijits in • any of the States west.^f the Mississip- pi river, 81
May accept companies, etc., of Infantry raiicd before Dec. 1, ISCl, within the limits of middle and west Tennessee,. SI
Election of oflicers 81
Vacancies filled by the Trcsideiit, 81
Also from certain counties in North Car- olina exposed to the incur ions of the enemy,
May appoint mnjor and bri-jadior gener- als, with their statTs, and also the field, company, and s aff officers to regi- n'lcnis, etc , before the same are organ- ized, ...r. 62,83
Commissions of the oiricersmay be vaca- te<l, if regiments, etc.', not completed within a reasonable time, ;•.... 83
May suspend privilege of writ of habeas corpus, to cause proper odicers to in- vestigate the cases of all persons ar- rested, 87
May retire honorably or drop from the army, officers found unfit by examin- ing ho\rd, 88
*Vhen he may fill the vacancy by appoint- ment,
Name of sold ers best entitled to receive badge of distinction for courage, etc , en the battle field, to be communicated to,
authority, .^ JHow badge disposed of, when the award
^lay appoint additional officers of iirtil- ' ' falls on a decewsed holdier,
lery for ordnance duties CO't,, prescribe rcgulati-vns to carry into ef-
To ajtpoint lieutenant general for each
army corps,
May appoint other officers in the signal
89
90
C9
feet, "An act to jjrotect the rights of owners of slaves taken by, or employ-
...^ _, , _ ed in tlicarmv,'' .'......
corps 70 X(, provide for the subsistence of slaves
May susi>end the execution of the con- \ while in depots ;
script act in certain localities, and du- j \utiiniized to increase the app(dntmeut of
! general oilicers in the provisional army,
I Prisontrs.
ring such suspension receive troops
thei elronij
May ai)point adjutants for independent ^
battalion? '^■^ Act relative to prisoners of war,
Authorized to organize divisions of the Who not to be held as such,
l)rovisional army I'. to aney corjis, and Retaliation upon the perrons' of,
to ajipoint ollicrs thereof, tCj Aid to our prisoners cf war in the hands
ay appoint camps of instruction ff^r i of the enemy,
May
persons enroled for military service, 'Authorized to import, duty free, machin- ery or mattrl lis for the manufacture of Clothing, shoes, etc for the army.. ■. . 77 May e.xtenil the prlvil go of this act to comi>anies er indivi<luitlB, .' 71
77j When bounty allowed f > r i.risoners cap- tured on vessel- of the cn^niy,.
Private Contrihuii nix. Recei>tion and forwarding of, for the ar- my „ %.
00
91 91 92
28 28 89
69
28
41
THE INDEX.
Xlll
Tfizea. Act concernlnp prizes and prize goods, .17, 23 Breaking of bulk and removal of goods
on captured vessels, 40
When Teasel and cargo may be sold, 40
Property
Destruction of, unJer military necessity, authorized, , 65
Owners of, may destroy the same, 55
How testimony of such desttuction moy be perpetuated, 55
Indemnity to owners out of Sequestra- tion fund, 65
As to protection of the rights of owners of ilaves taken by or employed in the
army, see title slaveii, and 90, 91
Provisional Forces.
Act to raise, 4, 5
Provost MarthaU
Appointmefttof, 79
Rank, 79
Salary, 79
Term of office, 79
Oath, 79
Power to administer oath, 79
Public Defence. (See army.)
Provision for, 5,16
Act making farther provision for, amen- ded,. 29, 30, 51
Employment of militia,^llitary, and na- val forces and volunteers, 31, 32
Punishrjientt.
By military courts, 79 80
Quartermasters. Quartermaster g«neral'8 department, or- ganized, 8, 14
Increased, 23
When additional quartermaster may be
appointed, T
Bond, 7,12
Accounts of ihe of certain Indian troopa, 46 Appointment of, at permanent posts and
depots, ; 68
Persons detailed from the ranks to serve In their offices, 58
Quarters. Allowance of; 10, 11
Pa n gers, {See Partisan Mangers.)
Rank.
Relatiye rank of officers, how determined, 14
Of general officers, 23
Highest military grade, that of " Gener- al," 23
Appointments to the rank of general " made by selection from the army, 23
Of officers added to the military establish- ment, 22,24
Temporary rank conferred on officers of the army, 27
Of certain officers who commenced ser- vice before being commissioned, 44
Of officers of engineers in the army, 45
Of comissioned officers who oontinue in service by re-eltction, to dato from the time of their original election or ap- polntment^, 52
Army officer appointed, Secretary of War not to lose his rank, 55
Of officers of companies received into the service with less thaa the minimum number of men 64
Of officers of the corps of engineers of the provisipnal army < 70
Of adjutant for independent battalions, . . 74
Of officers appointed to superintend camps of instruction, 77
Of assistant adjutant general added to the adjutant and inspector general's de- partment, •• 83
Of members and officers of military
courts,.... 79
Rations.
Allowed enlisted men of the army, 12
Commutation value of, 12
Allowed officers and men of campanies received into the service with less than the minimum number of men, 64
Of chaplains, .41, 64
Recruit i ng Sta tions.
F©r volunteers .from certain States, 88, 39
Recruiting,
For companies reduced by casualties,. .44, 45
Officers, Ac. appointed to recruit for com- panies, 48, 50
Officer ro receive appointment propor- tioned to the force he recruits, 49
For companies now in the service for tweve months, 50
Recruits of one company may combine with recruits of other companies, so as to form a complete company,.^ 51
To what number companies may be re- cruited, 51
Rendezvous,
Places of, for enrolled men, established,... 81
Provision as to persons unable to attend on account of sickness 82
Reprisal. See Marque and Reprisal. Retaliation,
Upon the persons of prisoners, 89
Rules,
Of war established by the laws of the Uni- ted States, declared to be in force, ex- cept, Ac,.. .-.- 12
Secretary of War to prepare and publish regulations for the general government
of the army, 12, 13
Sappers,
Company of, 25
Sem,tences,
Of military courts to attend army corps in the field, subject to review, mitiga- tion and suspension 80
Sequestration Fund,
Indemnity act of, to owners of property
destroyed under military necessity, 65
Sergeants,
One additional sergeant allowed each com- pany, 36, 37
Appointment of signal sergeants, •. . . 61
Sharp Shooters,
Battalion of, may be organized, 67
How to be armed, 67
Officers appointed by the President, 67
Shoes, Materials for the manufacture of articles for supplying deficiency of, may be im- ported duty free, 77
XIV
THE INDEX.
May be worked o i Government account, or leased or sold,
Privilege of this act may be extended to companies or Individuals,
Detail of persons from the army for the manufacture of, for the army,.
Their pay,
Sick and Wounded,
ProTislon made for the care of supplies for,
Provision for the, of the army in hospitals
Commutation value of rations of. fixed,..
To be 5ent to hospitals representing the State in which they reside,,
Arrangements to be nmde for their trans- portation on Railroads,
Also for a sufficient quantity of pure wa- ter for their use in the cars,
Surgeons to detail persons to accompany the sick and woKnded to railroad depots,
Their duties,
Signal Corps, Appointment of officers to perform the
duties of signal officers of the army,..
Appointment of signal sergeants,
May be organized as a separate corps as
authorized,
Increased,
Slar)M,
Disposition of, captured from hostile In- dians,
Persons connected with the army or navy capturing, etc., slaves from the enemy, to report the fact to the commanding of- ficer,
Slaves reported to be sent to the nearest depot, with a register of the place and date of arrest,
Owners may have the slaves on proof of ownership,
Depots for recaptured slaves,
List of slaves in such depots to be pub- lished,
Employment of slaves in depot,
When they may be removed,
Free access permitted to persons to in- spect slaves, and on due, proof to be re- stored to claimants,
Secretary of War to require the names of slaves employed by officers or soldiers in the army or navy, with the names, etc., of their owners, to be reported to his department,
Register thereof to be kept for public in- spection, .'
President to prescribe regulations to car- ry this act Into eff ct,
To provide for the subsistence of slaves while in depots,
Soldiers, Pay and allowances due deceased sol- diers, 58,
May be paid without producing pay-roll, Bounty secured to, though dead or dis- charged, to be paid,
Award of Medals and badges to, as a re- ward for courage and, good conduct,.. 9(1, Special Service, (See Local Defence^ Staff Departments, OrganizatioB of, for the army, 3, 4,
' Staff Otffcers,
77 Civilians may be appointed 29, 4i
. Aids-de-camp on President's staff,. 86
771 Storekeeper's,
Appointment of military btorekeepers, 23, 24
80 Pay and allowances 28, 24
80 States,
I Call on, for troops to serve for three
' years or the war, 49
29 Subtititutes,
7j Persons not liable to military duty may
•jl be received as substitutes for those who
I are,. 60
78 Suppliet,
! Private contributions for the army to be
74 received and forwarded,. 41
\ Surgeons,
74 May be appointed in the Provisional army
i for the hospitals,...* 82
74 To-examlne enrolled men, 81
74 To give notice of the time, 81
Decision of, taken as final,. 82
Three surgeons assigned to each congres- sional district, 82
To cr^nstitute a board of examination in
such distiict, 82
To file with commandant of camp of in- struction certificates of resident physi- cians as to inability of enrolled men to
I attend places of rendezvous, 82
I Trannfers,
^ Of privates and non-commissioned ofFi-
\ cers, 69,70
j Soldiers transferred to be furnished with
! transportation, 75
°" Transportation,
Of soldiers, 26
Of supplies for the army furnished by prl-
^"i vate contribution, 41
-Granted to twelve months men in service
^ re-V' lunteering or re-enlisting, 48
^^lOf supplies for hospitals by railroads and
boats, 2
x" Of sick and wounded soldiers on rail-
90! roads, ...; - 74
^" Soldiers transferred to be furnished with, 75 Travelling Expenses,
Allowance of, 10,11
Commutation for 26
Vacancies, In established regiments and corps, how
filled, 9
In volunteer companies, may be filled by
volunteers, 16, 43
In oflicers of such companies, filled by
election, 16
In companies, battalions, etc., how fill- ed,.... 44,48,61,63
In the lowest grade of commissioned offi- cers of a company, filled by election, 44, 68 President may fill vacancies by the pro- inoti(m of officers or^prlvates for dis- tinguished services, .61, C8
In certain companies, Ac, of infantry
raised in Tennessee and North Carolina, 81 Promotions to fill, when any officer is
dropped or honorably retired, 89
Competency of officers lo fill sueh vacan- cies, how ascertained 89
If no officer found competent, vacancy may bo filled by .appointment, 89
91
THE INDEX.
XV
In reprirnents or battalions organiaed un- ,der State laws, filled as in case of death or resignation , 89
Vegetables, To be furn'.shed troops, 42
Commissions or letters of marque and re- prisal may be granted to to private armed vessels, 18
Regulations concerning conduct of ves- sels so commissioned, their officers and crew, 20, 21
Purchase and arming of vessels, steam- ships or boats, for the protection of the 8e>i-board and defence of the country,. 7
Allowance for vessels sunk or destroyed, 21, 27
Rights secured to inventors of armed ves- sels or floating battery or defence, 27, 25
Ofiicf^rs and crew of unarme<l vessels, and passengers, not to be held as pris- oners of war, ^8
When bounty allowed for prisoners cap- tured or, 28
Inventors or constructors of machines for destros^ing the armed vessels of the enemy, 66-
VoIuntee?'s. President may ask for and accept (-he ser- vices of, 5, 16
Clothing, .-...6, 26
Horses and equipments, 6, 26
A rms 6
May be accepted in companies, Ac ,. .6, 16, 17
Appointment of ollicers, 6, 16
May be orcanized into battalions, regi- ments, Ac 6, 16
Commanding oflicers of, appointed by
President, 6
Appointment of general and staff oflicers
among States, 6
Organisation , pay afid allowances 6,16
When to serve on foot, 6
Allowance to, for horses killed in battle, . . C Field and staff officers of separate battal- ion of, 6,7
Additional second lieu enant allowed each
company, 7
Limitation of number in companies, 7
Supplying, quartering and transporting of 7 Vacancies in volunteer companies, may
be filled by volunteers, 16, 48
Vacancies in oflicers of such companies
filled by election 16
May be attached to divisions, b igades or regiments, or ordered on indepen- dent service, 17
Oflicers of volunteer forces commissioned
by the President 17
First regiment of North Carolina volun- teers received into the service, 28
Commissions to r*ise volunteer re2iment9 and battalions of peraons from Ken- tucky, Missouri, M$ryland and Dela- ware 31
Two field officers allowed certain battal- ions of, 80
Assistant adjutants general for volu'iteer forces, 80
Services of, may be accep ed by the Pres- ident 32
?vr local defence a-d special service, ....3 1, 91
Volunteer cavalry companies to be furn- ished with necessary equipments, 86
Recruiting Stations for volunteers from certain States, and their organization into companies and regiments, 88,89
May be accepted singly as well as in com- panies, Ac 47, 43
Vacanies in companies, Ac, may hi filled by 16, 44,48
Appointment of officers of artillery in the volunteer corps, 49
Arms of certain volunteers under the President's control 49
Provision for recruiting companies of, now 1 the service for twelve months,.. 50
Laws providing for the re-en'istment and reorganization of, repealed, 59
Persons subject to enrollment under con- scription act may volunteer previous to errtdment, CI
Act Ma.y 8 1861, authorizing the accep- tance of the services of, without regard to ihe placo of enlistment, A<v, to have full effect in States and districts in which the conscript acts are suspended.
Ward Masters.
Employment of, for hospitals, 73
Compensation, 73
War.
Contracts for munitions of, authorized,. .. 8
President, to receive from the States mu-' nitloiis of, 5
Rules and articles of, establi^he•' h.v the laws of the United Statfs, declared to to be in force, except, Ac , 12
Act recognizing existence of, between the Confederate States and the United States, 17
Acts relative to prisoners of war, 28, 69
Construction of a newly invented imple- ment of. 81
Call on the States for troops for the war, 49 War Department
To establish regulations lor clothing the army, 88
Names of slaves employed by officers or soldiers in the army or nav.v, with the names and residences of their owners, to be reported to the, 90
Register thereof to be kept for public in- spection, 91
War, Secretary of.
To prepare and publish rpgolatlons, pre- scribing the details of every department in the service, for the general govrrnment of the army, 12
To issue instructions to the quartermas- ter general and subordinates to provide for custody and sustenance of prisoners of war, 28
To appoin' clerk to t^ke charga of arti- ' cles for the Fick and wounded 29
To employ cooks and utrscs for tlie milita- ry service, 35
To furnish all necessary equipments to volunteer cavalry companies 36
To provide and furnish "clothing for the army, , 38
To pay to the governor of any State, the V lue of clothing furnished by such State to its Ir'ops and volunteer^,. ..... 38
XVI
THE INDEX.
To make arranpemenls for the reception and forwardinEf of articles sent to the army by private cnnfrihution,
To provide troops In the field with bread, and to establish bakeries, 41,
To reprulate the issump of furloughs
To adopt meaeures for recruitinjr and en- liatlnR men for companies reduced by casualties, 44,
To detail company commlisloned oflicers for this duty,
To audit and settle claims of certatn ofli-
cer?,
To make rules for the rfcruitinp of com- panies now in the service for twelve months, ,
To apfviint additional clerks in bureau of Quarfcnnaster-General,
Army oUicer appointed, not to lose his rank,, w
To furnish copy of the Act to provide for keeping' fire arms in the hamls of effec- tive men, to every General in the ser- vice. . . .
To report to Congress fijdinj^i of the Court fjr the trial of conuuissioned ofii- cers charged with drunketmess,
May cause to be organized batlallons of Sharp t^hooters,
His duty to transfir privates and non- conmiissioned ollicers to regiments from their own States, 09,
To make regulallona to facilitate such transfer
May apiioiiit additional sergeants in the signal c()ri)S,
Authorized to make arraa. ements for the transportation on railroads of sick and
41
I wounded soldiers, 7i
j Also for pure water for their bse in tfie
I cars, 74
To furnish transportation to soldiers trans- ferred, 75
To provide in kind to soldiers the uniform
clothinp, 77
To furnish printed forms of monthly re- ports rerpiired to be made t?y oflicers commanding; regiments, etc., of thecoD- duct of commissioned olhcers under their
re8i)ective commands, 89
Decision of examining board, if approved by commanding general, to bo trans^
niitted to, 88
If approved by, to lay the same before the
Pres'dent, 88
To establish depots for re-captured slaves 90
To give public notice thereof. 90
To require the names of slaves employed by olTicers or soldiers in the army or na- vy, with the names and residences of their owners, to be reported to his de- partment, .. 91
Full register thereof to be kept for public
inspection, 91
Muster-rolls of volunteer companies for local defence to be forwarded to, 91
Weatfi'n Wt iters. En'lstments for a corps for temporory
and special service on, 47
Witnetises. Attendance of, before military courts,.. , 79
Writs.— {See Maheas Corpus.) Zouaves.
Regiment of, IS
Pay and allowances, 1&, 16