. ii'te aiii 1
SECOND SESSION
PROVISIONAL CONGRESS
OF THE r
CONFEDERATE STATES.
1861.
MONTGOMERY, ALA.:
BAKKETT, WIMBISU k CO., PKIXTERS AND BINDERS.
1861.
?)0
/
SECOND SESSION
OF THE
PROVISIOML CONGRESS
CONFEDERATE STATES.
1861.
MONTGOMERY, ALA.:
SHORTER k REID, PRIXTERS AND BINDERS.
1861.
ACTS A1\^D RESOLUTIONS.
:N"o. 102.] AX 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 Pres.
ident such number of chaplains, to serve with the armies of the
Confederate States during the existing war, as he may deem
expedient ; and the President shall assign them to such regi-
ments, brigades or posts as he may deem necessary ; and the
appointments made as aforesaid shall expire whenever the ex-
isting 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 what-
ever.
Approved May 3, 1861.
No. 103.] A RESOLUTION
Of Thanks to Brigadier General G. T. Beauregard and the
Army under his command, for their conduct in the affair of
Fort Sumte
lie it unanimously resolved by the Congress of the Confed-
erate States of America, That the thanks of the people of the
Confederate States are due, and through this Congress are
hereby tendered, to Brigadier General G. T. Beauregard and
the officers, military and naval, under his command, and to the
gallant troops of the State of South Carolina, for the skill, for-
titude and courage by which they reduced and caused the sur-
4
render of Fort Sumter, in the harbor of Charleston, on tlie
twelfth and thirteenth days of April, 1861. And the commen-
dation of Congress is also hereby declared of the generosity
manifested by their conduct towards a brave and vanquished
foe.
Be it farther resolved^ That a copy of this resolution be com-
municated by the President to General Beauregard, and through
him to the array then under his command.
Approved May 4, 1861.
]^o. 104.] A RESOLUTION
To extend the provisions of a Resolution approved March 4',
1861.
Re$otved hy the Congress of the Confederate States of
America. That the resolution passed by this Congress and
approved March the fourth, 1861, in relation to patents and
caveats,- be extended to citizens of all the slaveholding states.
AppKoted May 4, 1861.
No. 105.] AN ACT^
Providing for a Regimeht of Zouaves in the Army of the Con-
federate States.-
Section 1. The Cooigress of the Confederate States of
America do enact, That there shall be added to the military
establishment of the Confederate States one regiment of Zou'
aves, to be composed of one colonel, one lieutenant-colonel, on€
major, and ten companies ; and each company shall consist of
one captain, one first lieutenant, two second lieutenants, one
sergeant major, one quartermaster's sergeant, four sergeants and
.eight corporals, and ninety privates. And to the regiment there
-shall be attached one adjutant and a quartermaster, to be select-
ed from the lieutenants. And one assistant surgeon shall be ap-
pointed for the regiment, in addition to those already authorized
by law for the medical department. The monthly pay of the
offi<;ers of the regiment of Zouaves shall be the same as that of
officers of infantry of the same rank; the allowances shall also be
.the same as those provided by law for officers of infantry; and
the adjutant and quartermaster shall receive ten dollars per
month in addition to their pay as lieutenants. The monthly pay
of the enlisted men of said regiment of Zouaves shall be as
follows : sergeants major and quartermaster's sergeants, twenty
dollars ; sergeants, seventeen dollars ; corporals, thirteen dollars ;
and privates, eleven dollars each ; together with the same ra-
tions and allowance for clothing as are received by all other
enlisted men.
AprRovED May 4, 1861.
No. 108.] AN ACT
To admit the Commonwealth of Virginia as a member of the
Confederate States of America.
The commonwealth of Virginia having in a convention of her
people ratified and adopted the Constitution of the Provisional
Government of the Confederate States of America, therefore
The Congress of the Confederate States of America do enact,
That the commonwealth of Virginia be and is hereby admitted
as a member of the said Confederate States, upon an equal foot-
ing with the other Confederate States, under the Constitution
for the Provisional Government of the same.
Approved May 7, 1861.
No. 109.] AN ACT
To raise au additional Military Force to serve during the
War.
Section" 1 . The Cofigress of the Confederate S ates 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 authorized to accept the services of volunteers
who may offer their services, without regard to the place of en-
listment, either as cavalry, mounted riflemen, artillery, or in-
fantry, in such proportion of these several arms as he may deem
expedient, to serve for and during the existiug Avar, miless
sooner discharged.
Sec. 2. That the volunteers so offering their services may
he accepted hy tke President in companies, to be organized by
him into squadrons, battalions or regiments. Tlie President
shall appoint all field and staff officers, but the company officers
shall be elected by the men composing the com])any ; and if ac-
Gepfed, 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 companies ; and any vacancies occurring in the officers of
such comi)anies shall be filled by elections in accordance with
the same rules.
Sec. 4. Except as herein differently provided, the volunteer
forces hereby authorized to be raised shall in all regards be sub-
ject to and organized in accordance -with the provisions of "An
act to provide for the public defence," and all other acts for the
government of the armies of the Confederate States.
Appuoved, May 8,. 18G1.
Xo. 110.] AN ACT
To make further provision for the Public Defence.
Whereas, "War exists between the United States and the
Confederate States; and whereas the public welfai'e may require
the reception of volunteer forces into the service of the Con-
federate States, Avithout the formality and delay of a call upon
the respective States :
Sectiox 1. The Conrjress of the Confederate States of
America do etiact. That the President be authorized to receive
into service such companies, battalions or regiments, either
mounted or on foot, as may tenxler themselves, and he may re-
quire, without the delay of a formal call upon the respective
States, to serve for such time as he may prescribe.
Sec. 2. Such volunteer forces who may be accepted under
this act, except as herein differently provided, shall be organized
in accordance with and subject to all the provisions of the act
entitled "An act to provide for the public defence," and be en-
titled to all the allowances provided therein ; and when mustered
into service, maybe attached to such divisions, brigades or regi-
ments as the President may direct, or ordered upon such inde-
pendent or detached service as the President may deem expedi-
•ent ; provided, however, that battalions and regiments may be
enlisted from states not of the Confederacy, and the President
may appoint all or any of the field officers thereof.
Sec. 3. The President shall be authorized to commissioH all'
officers entitled to commissions, of such volunteer forces as i^ay
be received under the provisions of this act. And upon the re-
quest of the officer commanding such volunteer regiment, bat
talion 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.
No. 111.] AN ACT
To amend "An Act vesting certain powers in the Postmaster
General," approved March 15, 1861.
Section 1. The Congress of the Confederate States of
America do enact^ That the provisions of "An act vesting cer-
tain powers in the Postmaster General," approved March 15,
1861, be so amended as that he be and hereby is authorized,
on and after a day to be named by him in a proclamation to be
issued by him for that purpose, to take the entire charge and
direction of the postal service of the Confederate States.
Sec, 2. And he it further enacted, That the Postmaster
General be and he hereby is authorized and empowered to an-
nul contracts, or to discontinue or curtail the service and pay on
them, when he shall deem it advisable to dispense with the ser-
vice, in whole or in part, or to place a higher or different grade
of service on the route, or when the public interests shall re.
quire such discontinuance or curtailment for any other cause, he
allowing one month's extra pay on the amount of service dis-
pensed with, in full of all damages to the contractor.
Sec. 3. And be U further enacted. That the railroads in
the Confederate States be and they are hereby divided into
three classes, on the following basis, viz : The great through
lines connecting important points and conveying heavy mails, to
class number one ; completed railroads coimccting less import-
ant points, but carrying heavy mails for local distribution, to be
class number two ; and roads on which less important mails are
conveyed, short branch roads, and such mifinished roads as do
8
not carry great mails or connect important points, shall be class
number three.
Sec. 4. Aiid be it further enacted, That in contracts made
with' railroad comjjanies for carrying the mail once a day, on
schedules to be agreed on, the Postmaster General may allow
them compensation not exceeding the following rates, viz: On
first class roads, one hundred and fifty dollars per mile ; on
second class roads, one hundred dollars per mile ; and on third
class roads, fifty dollars per mile ; the amount of comjjensation
to be determined by the importance and value of the services to
be performed : Provided, That if one-half of the services on
any railroad is required to be performed in the night time, it
shall be lawful for the Postmaster General to pay twenty-five
per cent, in addition to the above named maximum rates of pay:
Provided, further. That the agents, messengers, and other
traveling employees of the post-office dej^artment shall pass free
of charge over such roads, respectively ; and this act shall take
effect and be of force from and after its passage.
Approved May 9, 1861.
No. 113.] AN" ACT
Relative to Telegraph Lines of the Confederate States.
Section 1. The Congress of the Confederate States of
America do enact. That during the existing war, the President
be and he is hereby authorized and empowered to take such
control of such of the lines of telegraph in the Confederate
States, and of such of the oflices connected therewith, as will
enable him effectually to supervise the communications passing
through the same, to the end that no communications shall be
conveyed of the military operations of the government to en-
danger the success of such operations, nor any communication
calculated to injure the cause of the Confederate States, or to
give aid and comfort to their enemies.
Sec. 2. The President shall appoint trustworthy agents in
such offices, and at such points on the various lines as he may
think fit, whose duty it shall be to supervise all communications
sent or passing through said lines, and to prevent the transmis-
sion of any communication deemed to be detrimental to the
public service.
9
Sec. 3. In case the OA\Tiers and managers of said lines shall
refuse to permit such supervision, or shall fail or refuse to keep
up and continue the business on said lines, the President is
hereby empowered to take possession of the same for the pur-
poses aforesaid.
Sec. 4. The President shall from time to time issue instruc-
tions to the agents so appointed, and to the operators of the
various lines, to regulate the transmission of communications
toucliing the operations of the government, or calculated to
aflfect the public welfare.
Sec. 5. That the President, at his discretion, may employ
the operators of the lines as the agents of the government, so
that in this as in all other respects there may be as little inter-
ference with the business and management of such lines as may
be com2)atible with the public interest.
Sec. 6. That the compensation of the agents appointed un-
der this act, where such agents are not officers of the company,
and the expense attending the execution of the provisions of
this act, shall be paid out of the treasury.
Sec. 1. That no communications in cypher, nor enigmatical
or other doubtful communication, shall be transmitted, unless
the person sending the same shall be known to the agent of the
government to be trustworthy, nor until the real purport of
such communication shall be explained to such agent.
Sec. 8. That the President is hereby authorized, Avhenever
it may be found necessary or advisable for the successful prose-
cution of the war, to extend existing lines of telegraph, or make
connections between the same, the expense of contracting such
additional lines to be paid out of any money in the treasury not
otherwise appropriated.
Sec. 9. That all present and future officers of the telegraph
lines engaged in receiving and transmitting intelligence within
the Confederate States shall, as soon as practicable after the
passage of this act or after their appointment, take and sub-
scribe before any judicial officer of any one of the Confederate
States, the following oath : "I, A. B., do solemnly SAvear that I
will support and maintain the Constitution of the Confedei'ate
States of America, and will not, knowingly, directly or indirectly^
transmit through the telegraph any communication or informa-
tion calculated to injure the cause of the Confederate States, or
to sive aid or comfort to their enemies."
10
Sec. 10. That if any person shall knowingly send oi* trans-
mit any message or communication touching the military oj^era-
tions of the government, without the same being first submitted
to the inspection of the agent of the government, or any mes-
sage calculated to aid and promote the cause of the enemies of
the Confederate States, he shall be subject to indictment in the
district court of the Confederate States, and on conviction shall
be fined in a sum not less than five hundred dollars, and impris-
oned for a term not less than one year.
Appkoved May 11, 1861.
No. 114.] A RESOLUTION
In regard to the military expenditures made by the State of
South Carolina.
Mesolved by the Congress of the Confederate States of
America^ That the expenditures made by the State of South
Carolina for the pay and maintenance of the troops employed
in the defence of the Charleston harbor, under the command of
Brigadier General Beauregard, were intended to be provided
for by an act making appropriations for the support of three
thousand men, for twelve months, to be called into service at
Charleston, South Carolina, under the third and fourth sections
of au act of the Congress, to raise provisional forces for the
Confederate States of America, and for other purposes ; and
that the amount of such expenditures be audited by the proper
officer of the Treasury Department, and that the amount which
shall be found due be paid to the State of South Carolina, from
the appropriation made by the Act aforesaid.
Appkoved May 10, 1861.
No. 115.] 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 ser-
vice of the Confederate States any company of light artillery*
which by said act he is authorized to do, with such complement
11
of officers and men, and with such equipments as to hiui shall
seem proper; anything in said act of the 6th of March, 1861,
to the contrary, notwithstanding.
Approved May 10, 1861.
No. 118.] AN ACT
To amend an act entitled "An Act to fix the pay of members of
the Congress of the Confederate States of America," approved
March 11, 1861.
Section 1. TlkC Congress of the Confederate States of
America do enaet^ That the above entitled act, approved
Marcli 11, 1861, be so amended and construed as to provide,
that in computing the mileage to which members are entitled,
the distance shall be estimated by the usual route of travel from
the residence of the member to the place where Congress may
assemble.
Sec. 2. Be it further enacted, That this act shall take
effect and be of force from its passage.
Approved May 11, 1861.
No. 119.] AN ACT
In relation to the Confederate Loan.
Whereas, Under and by virtue of the act to raise money
for the supi)ort of the government, and to provide for the de-
fence of the Confederate States of America, approved February
28, 1861, the Secretary of the Treasury did proceed to offer five
millions of said loan, conformably to the provisions of said act :
And whereas, in many portions of the Confederate States the
currency Avas and is composed of notes of banks which have
suspended specie payment, not of necessity, but as a measure of
public policy : And whereas, certain of said banks did agree
to redeem in coin or its equivalent such of their notes as
should be paid in by subscribers to said loan : And whereas,
the Secretary of the Treasury, in view of the exigencies of the
times, and with a desire to give to the people of all parts of the
Confederate States the opportunity of subscribing to said loan,
did autltorize the loan commissioners to receive the notes of
12
the banks hereinbefore referred to ; and to avoid inconvenience
and tlie risk of transit, has authorized the said loan commis-
sioners to deposit the moneys received by them in said banks ;
Now, therefore.
The, Congress of the Confederate States of America do
enact^ That all of the acts and doings of the Secretary of the
Treasury, of his subordinate officers, and of the loan commis-
sioners, consistent \A\}a. the facts recited in the foregoing pre-
amble, are hereby confirmed and made valid, any law, usage or
custom to the contrary, notwithstanding : and the said Secre-
tary, his subordinate officers, and the loan commissioners, are
hereby authorized to continue so to act in regard to the said
loan, until the whole amount authorized by said act shall have
been fully subscribed for, and their duties regarding the same
shall have determined : and the said Secretary is authorized to
make and continue the deposits of moneys received or to be
received on account of the said loan in any of the said banks ;
and the Treasurer of the Confederate States is authorized to
draw checks or warrants on said banks on account of said de-
posits, payable either in coin or its equivalent, or in current
bank notes, as the Secretary of the Treasury may direct.
Approved May 11, 1861.
No. 120.] AN ACT
To amend an Act entitled " An Act further to provide for the
organization of the Post-Office Department," approved March
9, 1861.
Section 1. The Congress of the Confederate States of
America do enact. That from and after the passage of this act,
the annual salary of the chief of the contract bureau, the chief
of the appointment bureau, and the chief of the finance bureau,
shall be three thousand dollars ; and that hereafter, as the office
of either of them shall be vacated, the appointment of his suc-
cessor shall be made by the President of the Confederate States,
by and with the advice and consent of the Congress ; and the
clerks, draftsmen and other employees of the department shall
be appointed by the Postmaster General.
Sec. 2. And he it further enacted, That in case of the death,
resignation, absence or removal from office of the Postmaster
IS
General, all liis powers and duties shall devolve on and be per-
formed by the chief of the contract bureau, until a successor
shall be appointed and arrive at the general post-office to per-
form the business, or until the return of the Postmaster Gene-
ral : Provided, however, The said chief of the contract bureau
shall make no permanent appointment of clerks.
Sec. 3. And be it further enacted, That there shall be allowed
to eacli of the bureaus of the department, and also to the inspec-
tion office, a principal clerk, at an annual salary of fourteen hun-
dred dollars each. And the Postmaster General is hereby
authorized to employ ten addition.al clerks, at an annual salary
of twelve hundred dollars each ; also four clerks, at an annual
salary of one thousand dollars each ; also one watchman, at an
annual salary of five hundred dollars.
Sec. 4. And he it further enacted, That the clerk charged
with the disbursement of the contingent and salary funds of the
department be allowed an additional compensation of two hun-
dred dollars per .annum ; and that this act take effect and be in
force fron\ and .after its p.assage.
Approved May 11, 1861.
No. 121.] AN ACT
To amend "An Act to prescribe the Rates of Postage in the
Confederate States of America, and for other purposes," ap-
proved February 23, 1861.
Section 1. The Congress of the Confederate States of
America do enact. That so much of the first section of an act
entitled " An act to prescribe the rates of postage in the Con-
federate St.ates of America, and for other purposes," approved
February 23, 1861, as relates to sealed packages containing
other than printed or written matter, including money pack-
ages, be and the same is hereby so .amended as to require that
such packages shall be rated by weight, and charged the rates
of letter postage.
Sec. 2. And he it further enacted, That the second section
of said act be amended as follows, to-wit : That all newspapers
published within the Confederate States, not exceeding three
ounces in weight, and sent from the office of publication to
actual and hona fide subscribers within the Confederate States,
14
shall be charged "vrith postage as follows, to-wit : The postage
on the regular numbers of a newspaper published weekly shall
be ten cents per quarter ; papers published semi-weekly, double
that amount; papers published thrice a week, treble that
amount; papers published six times a week, six times that
amount ; and papers published daily, seven times that amount.
And on newspapers weighing more than three ounces there
shall be charged on each additional ounce, in addition to the
foregoing rates, on those published once a week, five cents per
ounce or fraction of an ounce per quarter ; on those published
twice a week, ten cents per ounce per quarter; on those pub-
lished three times a week, fifteen cents per ounce per quarter ;
on those pubUshed six times a week, thirty cents per ounce per
quarter; and on those published daily, thirty-five cents per
ounce per quarter. And periodicals published oftener than bi-
monthly shall be charged as newspapers. And other periodi-
cals, sent from the office of pubhcation to actual and hooia fide
subscribers, shall be charged with postage as follows, to-Avit :
The postage on the regular numbers of a periodical published
within the Confederate States, not exceeding one and a half
ounces in weight, and published monthly, shall be two and a
hahf cents per quarter, and for every additional ounce or fraction
of an ounce two and a half cents additional ; if published semi-
monthly, double that amount ; and periodicals published quar-
terly or bi-monthly shall be charged two cents an ounce ; and
regular subscribers to newspapers and periodicals shall be re-
quired to pay one quarter's postage thereon, in advance, at the
office of deliuery, unless paid at the office where published.
And there shall be charged upon every other newspaper, and
each circular not sealed, hand-bill, engraving, pamphlet, period-
ical and magazine, which shall be unconnected with any manu-
script or written matter, and not exceeding three ounces in
weight, and published within the Confederate States, two cents;
and for each additional ounce or fraction of an ounce two cents
additional; and in all cases the postage shall be pre-paid by
stamps, or otherwise, as the Postmaster General shall direct.
And books, bound or unbound, not weighing over four pounds,
shall be deemed mailable matter, and shall be charged with
postage, to be pre-paid by stamps or otherwise, as the Postmas-
ter General shall direct, at two cents an ounce for any distance.
And upon all newspapers, periodicals and books, as aforesaid,
15
published beyond the limits ot the Confederate States, there
■ shall be charged postage at double the foregoing specified rates.
The publishers of newspapers or periodicals within the Confed-
erate States may send and receive to and from each other, from
their respective offices of publication, one copy of each publica-
tion free of postage. All newspapers, unsealed circulars, or
other unsealed printed transient matter, placed in any post-office
not for transmission but for delivery only, shall be charged
postage at the rate of one cent each.
Sec. 3. And be it further enacted, Tiiat the third section of
the above recited act be and the same is hereby so amended as
to authorize the Postmaster General to provide and furnish ten
cent stamps and stamped envelopes ; and that the provisions,
restrictions and penalties prescribed by said section of said, act
for violations of the same in relation to two, five, and twenty
cent stamps and stamped envelopes, shall, in all respects, apply
to the denomination of stamps and stamped envelopes herein
provided for.
Sec. 4. And be it further enacted. That the proviso con-
tained in the fifth section of the said act be so amended as to
extend to the chiefs of the contract, appointment and finance
bureaus of the Post-Oftice Department the jirivilege therein
conferred upon the Postmaster General, his chief clerk, and the
auditor of the treasury for the Post-Ofl5ce Department, of trans-
mitting through the mails, free of postage, any letters, pack-
ages, or other matters relating exclusively to their official duties
or to the business of the Post-Oftice Department, subject to the
restrictions and penalties prescribed by the said proviso ; and
that this act take eftect and be of force from and after its
passage.
Approved May 13, 1861.
No. 122.] AN" ACT
To suspend the operations of the Mints.
Section 1. The Congress of the Confederate States of
America do enact. That from and after the first day of June
ensuing, the operations of the several mints in the Confederate
States be suspended ; and that all officers therein shall cease to
exercise their functions or to receive any salaries ; and that all
' 16
moneys and bullion in the hands of any ojQSicer shall forthwith
be transferred to the Treasurer of the Confederate States.
Sec. 2. That the mint at New Oi'leans, with the tools, im-
plements and all appurtenances, be placed by the superintendent
in charge of some fit person, to be approved by the Secretary
of the Treasury ; and that the said Secretary be authorized to
accept the superintendent as such custodian, and to alloAv him,
or such other person as may be appointed, the use and occupa-
tion of the portion heretofore used as a dwelling, in considera-
tionjof his undertaking the charge and safe-keeping of the whole
establishment.
Sec. 3. That the Secretary of the Treasury, until otherwise
directed by law, be authorized to take the same course in rela-
tion to the mint and public property connected with it at Pah-
lonega.
Appkoved May 14, 1861.
Ko. 123.] AN ACT
To organize further the Bureau of Superintendent of Public
Printing.
Section 1. The Congress of the Confederate States of
America do enact^ That the salary of the Superintendent of
Public Printing shall be three thousand dollars, payable as other
salaries of heads of bureaus in the several departments.
Sec. 2. The Superintendent of Public Printing shall be enti.
tied to a messenger, who shall receive a salary of three hundred
dollars jDer annum.
Sec. 3. The publication of the laws and journals of Congress
shall be exclusively under the direction of the Superintendent
of Public Printing, subject to the supei'vision and control of the
Attorney General. And the Superintendent may contract with
publishers of newspapers as to the terms of publication of the
laws and journals, not exceeding in compensation the rates
usually paid by other advertisers for similar work.
Sec. 4. The Superintendent shall have authority to contract,
by advertising for sealed proposals, for all paper necessary to
do all the printing ordered by Congress or either one of the
executive departments. In all cases the contractor shall furnish
the paper at such times and in such quantities as the Superin-
17
tendent shall require, and shall give bond, with two good sure-
ties, for the faithful performance of the contract.
Sec. 5. All orders for printing by Congress or any of the
executive departments shall be sent lo the Superintendent of
Public Printing, to be by him delivered to the printer or con-
tractor: and the printing, when completed, shall be returned to
the Superintendent, to be received or rejected, and by him
delivered according to the order.
Sec. 6. All laws and parts of laws militating against this act
be and the same are hereby repealed.
Approved May 14, 1861.
No. 124.] AN" ACT
To authorize the transfer of Appropriations.
Section 1. The Congress of the Confederate States of
America, do enact, That during the recess of Congress the
President of the Confederate States may and he is hereby
authorized — on the application of the secretary of the proper
department, and not otherwise — to direct, if in his opinion
necessary for the public service, that a portion of the moneys
appropriated for a particular branch of expenditure in that
department be applied to another branch of expenditure in the
same department; in which case a special account of moneys
thus transferred shall be laid before Congress during the first
week of the next ensuing session.
Sec. 2. This act shall continue and be of force until the end
of the existing war, and no longer.
Approved JNLay 14, 1861.
No. 125.] AN ACT
To define the Limits of the Port of New Orleans, and for other
purposes.
The Congress of the Confederate States of America do enact,
That the port of New Orleans, in the State of Louisiana, shall
embrace and include all the waters, inlets and shores on both
sides of the river Mississippi, within the whole parish of Or-
18
leans, that part of the parish of Jefferson on the right bank of
said river to the upper line of the Destrehans canal, and that
portion of the said parish of Jefferson on the left bank of the
Mississippi river to the upper limits of the town or faubourg of
-Hurtsville. That the ports of delivery known as bayou St.
John's, Lake Port, and Port Pontchartrain, and the customs
officers authorized therefor, be and the same are hereby abol-
ished and discontinued, and all the waters, inlets and shores
embraced within the limits of said ports be added to and in-
cluded in the port of New Orleans.
ArPROYED May 14, 1861.
No. 126.] AN ACT
Regulating the sale of Prizes, and the distribution thereof.
Section' 1. The Congress of the Confederate States of
America do enact, That all prizes of vessels and jM'operty cap-
tured by private armed sliips, in pursuance of the act passed by
Congress recognizing the existence of war between the United
States and the Confederate States, and concerning letters of
marque, prizes and prize goods, which may be condemned in
any court of the Confederate States, shall be sold at i:)ublic auc-
tion by the marshal of the district in which the same shall be
condemned, within sixty days after the condemnation thereof —
sufficient notice of the time and place and condition of sale
being first given — on such day or days, on such terms of credit,
and in such lots or proportions as may be designated by the
owner or owners, or agent of the owner or owners, of the pri-
vateer which may have captured the same : Provided, That the
term of such credit shall not exceed ninety days. And the said
marshal is hereby directed to take and receive from the purcha-
ser or purchasers of such prize vessel and property, the inoney
therefor, or his, her or their promissory notes, with endorsers,
to be approved by the owner or owners of the pi'ivateer, to the
amount of the purchase, payable according to the terms thereof.
Si<:c. 2. That upon all duties, costs and charges being
paid according to law, the said • marslial shall, on demand, de-
liver and pay over to the owner or owners of the privateer, or
to the agent of such owner or owners of the privateer Avhich
may have captured such prize vessel and proi)erty, a just and
19
equal proportion of the funds I'cceivecl on nccount of the sale
thereof, and of the promissory notes directed to be taken as
aforesaid, to which tlie said owner or owners may be entitled,
according to the articles of agreement between tlie said owner
or owners and the officers and crew of the said privateer; an'd
a just and equal proportion of the proceeds of the sale as afore-
said, shall, on demand, be also paid over by the said marshal to
the officers and crew of the said privateer, or to their agent or
agents. And if there be no written agreement, it shall be the
duty of the marshal to pay over, in manner as aforesaid, one
moiety of the jjroceeds of the sale of such prize vessel and
property to the owner or owners of the privateer which may
have captured the same, and the other moiety of the said pro-
ceeds to the agent or agents of the officers and crew of the said
privateer, to be distributed according to law, or to any agree-
ment by tluMn made : Provided, The said officers and crew, or
their agent or agents, shall have first refunded to the owner or
owners, or to the agent of the owner or owners of the privateer
aforesaid, the full amount of advances which shall have been
made by the owner or owners of the privateer to the officers
and crew thereof.
Skc. 3. That for the selling prize property and receiving
and paying over the proceeds as aforesaid, the marshal shall be
entitled to a commission of one per cent, and no more, first de-
ducting all duties, costs and charges which may have accrued
on said property : Provided, That on no case of condemnation
and sale of any one prize vessel and cargo shall the commissions
of the marshal exceed two hundred and fifty dollars.
Sec. 4. That it shall be the duty of the marshal, within
fifteen days after any sale of prize property, to file in the office
of the clerk of the district court of the district wherein such
sale may be made, a just and true account of the sales of such
prize property, and of all duties and charges thereon, together
"with a statement thereto annexed of the promissory notes taken
on account thereof, which account shall be verified by the oath
of the said marshal ; and if the said niarslial shall wilfully neo--
lect or refuse to file such account, he shall forfeit and pay the
sum of five hundred dollars for each omission or refusal as afore-
said, to be recovered in an action of debt by any person inter-
ested in such sale, and suin^j for the said j^enalty, on account of
20
the party or parties interested in the prize vessel or pvo\:)evtf
sold as aforesaid, in any court having cognizance thereof.
Sec. 5. That the owner or owners of any private armed
vessel or vessels, or their agent or agents, may, at any time be-
fore ^a libel shall be filed against any captured vessel or her
cargo, remove the same from any port into Avhich such prize
vessel or property may be first brought, to any other port in the
Confederate States, to be designated at the time of the removal
as aforesaid, subject to the same restrictions and complying with
the same regulations with respect to the payment of duties
which are provided by law in relation to other vessels arriving
in port witli cargoes subject to the payment of duties: Pr'o-
vided, That before such removal the said captured property
shall not have been attached at the suit of any adverse claimant,
or a claim against the same have been interposed in behalf of
the Confederate States.
Appkoved May 14, 1861.
Xo. 128.] AN ACT
To provide for Auditing the Accounts of the Post-Office Depart-
ment.
Section 1. The Congress of the Confederate States of
America do enact, That it shall be the duty of the First Audi-
tor of the Treasury to receive all accounts arising in the Post-
Office DejDartment or relative thereto ; to audit and settle the
.same and certify their balances to the Postmaster General :
I^rovided, That if either the Postmaster General, or any person
wdiose account shall be settled, be dissatisfied therewith, he may
within twelve months appeal to the Comptroller of the Treas-
ury, whose decision shall be final and conclusive. The said
Auditor shall report to the Postmaster General, when required^
the official forms of papers to be used by postmasters and other
officers and agents of the department concerned in its receipts
and payments, and the manner and form of keeping and stating
its accounts. He shall keep and preserve all accounts, with the
vouchers, after settlement. He shall promptly report to the
Postmaster General all delinquencies of postmasters in paying
over the proceeds of their offices. He shall close the accounts
of the Department quarterly, and transmit to the Secretary of
21
the Treasury quarterly statements of its receipts and expendi-
tures, lie shall register, charge and countersign all warrants
uj^on the treasury for receipts and payments issued by the Post-
m9,ster General, when warranted by laAV. lie shall perform
such other duties in relation to the financial concerns of the
department as shall be assigned to him by the Secretary of the
Treasury or the Postmaster General, and stall make to them,
respectively, such reports as either of them may require respect-
ing the same. He shall state and certify quarterly to the Post-
master General accounts of the moneys paid pursuant to appro-
priations, in each year, by postmasters, out of the proceeds of
their offices, towards ,the expenses of the department, under
each of the heads of the said expenses speciiied in the ajtpro-
priations ; upon which the Postmaster General shall issue war-
rants to the Treasurer of the Confederate States, in order that
the same may be carried to the credit and debit of the appro-
priation for the service of the Post-Office Department, on the
books of the Auditor of the Treasury. lie shall superintend
the collection of all debts due to the department, and all penal-
ties and forfeitures imposed on postmasters for tailing to make
returns, or to pay over the proceeds of their offices, and he shall
direct suits and legal pi'oceedings, and take all suoh measures as
may be authorized by law to enforce the prompt payment of
moneys due to the department.
Sec. 2. Afid be it further enacted^ That the said Auditor
shall have charge of all lands and other property which shall be
assigned, set otFor conveyed to the Confederate States in pay-
ment of debts, and of all trusts created for the use of the Con-
federate States in payment of debts due them on account of the
Post-Office Department ; and to sell and dispose of lands or other
property assigned or set olf to the Confederate States in pay-
ment of debts, or being vested in them by mortgage or other
security for the payment of debts due to the said department,
under such rules and regulations as may be prescribed by the
Postmaster General.
Sec. 0. The Secretary of the Treasury sl)all appoint a chief
clerk to aid the First Auditor of the Treasury in auditing the
accounts of the Post-Office Department, who shall receive a
salary of two thousand dollars per annum ; and shall appoint
fifteen additional clerks, with salaries of twelve hundred dollars
each, and fourteen other clerks, with salaries of one thousand
22
dollars each, to aid the First Auditor of the Treasury in audit-
ing the accounts of the Post-Office Department. And lie shall
appoint one messenger for the Treasury Department, v.'ho shall
be allowed a salary of five hundred dollars per annum.
Sec. 4. lie it farther enacted^ That the said Auditor of the
Treasury shall be allowed to send through the mail all commu-
nications, relating exclusively to the post-office business, free of
chai'ge, under the same rules, regulations and restrictions, and
subject to the same penalties as are how prescribed with respect
to transmission free of charge by the heads of bureaus of the
Post-Office Department. And this act shall go into effect from
and after its passage.
Approved May 16, 1861.
No. 106.] AN ACT
Recognizing the existence of War between the United States
and the Confederate States ; and concerning Letters of Marque,
Prizes and Prize Goods.
Whereas, The earnest efforts made by this government to
establish friendly relations between the government of the Uni-
ted States and the Confederate States, and to settle all ques-
tions of disagreement between the two governments upon prin-
ciples of right, justice, equity and good faith, have proved una-
vailing by reason of the refusal of the government of the United
States to hold any 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 iipon 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
jurisdiction 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 purpose aforesaid,
and has issued his other proclamation announcing his purpose
to set on foot a blockade of the ports of the Confederate States :
and whereas, the State of Virginia has seceded from the Federal
23
TJnion and entered into a convention of alliance offensive 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 ai/d
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 ])lainly
intended to overawe, oppress and finally subjugate the people
of the Confederate States: and whereas, by the acts and means
aforesaid, war exists between the Confederate States and the
governnuMit of the United States, and the states and territories
thereof, except the States of ^Maryland, North Carolina, Tennes-
see, Kentucky, Arkansas, ^Missouri and Delaware, and the terri-
tories of Arizona and New Mexico, and the Indian territory-
south of Kansas : Therefore,
Skctiox 1. .The Congress of the Confederate States of
America do enact., That the Presidont of the Confederate States
is hereby authorized to use the whole land and naval force of
the Confederate States to meet the war thus commenced, and
tb issue to private armed vessels commissions, or letters of
marque and general reprisal^ m such form as he shall think pro-
per, under tlie seal of tlie Confederate States, against the ves-
sels, goods and eflects of the government of the laiited States,
and of the citizens or inhabitants of the states and territories
thereof: Provided, however., That property, of the enemy (un-
less 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 such
as have been since the 5tli of April last, or may hereafter be, in
the service of the government of the United States, 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 Avar, shall not be sub-
ject to capture under this act during said period, unless, they
shall have previously reached the destination for wliich \hey
were bound on leaving said ports.
Sec. 2. That the President of the Confederate States shall
be and he is hereby authorized and enipowered to revoke and
24
annul, at pleasure, all letters of marque and reprisal Avhich he
may at any time grant pursuant to this act.
Sec. 3. That all persons applying for letters of marque and
j-eprisal, 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 there.
in, and the intended number of the crew ; which statement shall
be signed by the person or persons making such application,
and filed yviih 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 commander thereof for the time being, shall give bond to
the Confederate 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 hun-
dred and fifty men, then in the penal sum of ten thousand dol-
lars, with condition that the owners, officers and crew who
shall be emploj^ed on board such commissioned vessel, shall an,d
will observe the laws of the Confederate States, and the instruc-
tions which shall be given them according to law for the regu-
lation of their conduct, and will satisfy all damages and injuries
which shall be done or committed contrary to the tenor thereof,
by such vessel during her commission, and to deliver up the
same when revoked by the President of the Confederate 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 ac-
cording to any written agreement which shall be made between
them ; and 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 according to the rules prescribed for
the distribution of prize money by the laws of the Confederate
States.
Sec. C. That all vessels, goods and effects, the property of
any citizen of the Confederate States, or of persons resident
within and under the protection of the Confederate States, or of
25
persons permanently within tlie territo.ries and under the pro-
tection of any foreign prince, government or state in amity with
the Confederate States, which shall have been captured by the
United States, and which shall be re-captured by vessels com-
missioned 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 agreement of the parties concerned,
or by the decee of any court having jurisdiction, according to
the nature of each case, agreeably to the provisions established
by law. And such salvage shall be distributed among the o^m-
ers, officers and crews of the vessels commissioned 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 principles
hereinbefore proA^ided in cases of capture-.
Skc. 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 Confederate States, or of a nation or state in amity with
the Confederate States, and shall be proceeded against before a
competent tribunal ; and after condemnation and forfeiture
thereof shall belong to the owners, officers and crew of the ves-
sel capturing the same, and be distributed as before provided ;
and in the case of all captured vessels, goods and elFects 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 ad-
miralty and maritime jurisdiction ; and the said courts, or the
courts, being courts of t^hc Confederate States, into which such
cases shall be removed, and in which they shall be finally de-
cided, shall and may decree restitution in whole or in part,
Avhen 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 commanders of the vessels making such captures, and also
the vessels, shall be liable.
Sec. 8. That all persons found on board any captured ves-
sels, 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 arrive, and shall be delivered into the custody of the
26
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 ex-
pense of the Confederate States.
Sec. 9. That the President of the Confederate States is
hereLy authorized to establish and order suitable instructions
for tlie better governing and directing the conduct of the ves-
sels so commissioned, their officers and crews, copies of which
shall be delivered by the collector of the customs to the com-
manders, 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
belonging to the United States at the commencement of an en-
gagement, which shall be burnt, sunk or destroyed by any ves-
sel commissioned as aforesaid, which shall be of equal or inferior
force, the same to be divided as in other cases of prize money ;
and a bounty of|25 shall be paid to the owners, officers and
crews of the private armed vessels commissioned as aforesaid,
for each and every prisoner by them captured and brouglit into
port, and delivered to an agent authorized to receive them, in
any port of the Confederate States ; and the Secretary of the
Treasury is hereby authorized to pay or cause to be paid to the
owners, officers and crews of such private armed vessels com-
missioned as aforesaid, or their agent, the bounties herein pro-
vided.
Sec. 11. That the commanding officer of every vessel hav-
ing a commission or letters of marque and reprisal, during the
present hostilities between the Confederate States and the Uni-
ted 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; theports and places he shall
put into or cast anchor in ; the time of his stay there and the
cause thereof; the prizes he shall take and the nature and pro-
bable value thereof; the times and places when and where
taken, and in what manner he shall dispose 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 Avhatever el^e 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, ves-
2T
sels and forces of tlie United States, their posts and places of
station and destination, strength, numbers, intents and designs ;
and such commanding officer slndlj immediately on his arrival
in any port of the Confederate States, from or during the con-
tinuance of any voyage or cruise, produce his commission for
such vessel, and deliver up such journal so kept as aforesaid,
signed with his proper name and hand-writing, to the collector
or other 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. And such collector or
other chief offic(?r of the customs shall, immediately on the arri-
val of such vessel, order the proper officer of the customs to go
on board and take an account of the officers and men, the num-
ber and nature of the guns, and whatever else shall occur to him
on examiuntion material to be known ; and no such vessel shall
be permitted to sail onl of port again until such journal shaU
have been delivered up, and a certificate obtained under the
hand of such collector or o,ther chief officer of the customs that
she is mnmied and armed according to her commission ; and
upon delivery of such certificate, any former certificate of a like
nature which shall have been obtained by the commander ot
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 wilfully making fraudulent entries therein, or
obliterating the record of any material transaction contained
therein, where the interest of the Confederate States is con-
cerned, or refusing to produce and deliver such journal, com-
mission or certificate, pursuant to the preceding 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 offence
the sum of $1,000, one moiety thereof to the use of the Confed-
erate States, and the other to the informer.
Sec. 13. That the owners or commanders of vessels having
letters of marque and reprisal as aforesaid, who shall violate any
of the acts of Congress for the collection of the revenue of the
Confederate 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
28
liable to all the penalties and forfeitures attaching to merchant
ve"ssels in like cases.
Sec. 14. That on all goods, wai'es and merchandise captured
and made good and lawful prizes of war, by any private armed
ship having commission or letters of marqne 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. 15. That five per centum on the net amount (after de^
ducting 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 collector or other chief officer of the customs, at the port
or place in the Confederate States at which such captured or
re-captured vessels may ariive, or to the consul or other public
agent of the Confederate States residing at the port or place not
within the Confederate States at which such captured or re-cap-
tured vessel may arrive. And the moneys arising therefrom
shall be held and are hereby pledged by the government of the
Confederate States as a fund for the support and maintenance of
the widows and orphans of such persons as may be slain, and
for the support and maintenance of such persons as may be
wounded and disabled on board of the private armed vessels
commissioned as aforesaid, in any engagement with the enemy,
to be assigned and distributed in such manner as shall hereafter
be provided by law.
Approved May 6, 1861.
No. 129.] AN ACT
To increase the Military establishment of the Confederate States,
and to amend the "Act for the establishment and organiza-
tion of the Army of the Confederate States of America."
Section 1. Tlie Congress of the Confederate States of
America do enact. That the President shall be authorized to
raise and organize, in addition to the present military establish-
ment, one regiment of cavalry and two regiments of infmtry,
whenever in his judgment the public service may require such
an increase, to be organized in accordance with existing laws
29
for the organization of cavalry and infantry regiments, and to
be entitled to tlie same pay and allowances provided for the same
respectively.
Sec. 2. *rhat the five general officers provided by existing
laws for the Confederate States, shall have the rank and denom-
ination of "General," instejid of "Brigadier General," Avhich
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 allowances as are provided for brigadier gen-
erals, 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
judgment the public service may require the increase, to add to
the corps of engineers one lieutenant colonel, who shall receive
the pay and allowances of a lieutenant colonel of cavalry, and as
many captains, not exceeding five, as may be necessary.
Sec. 4. That there be added to the quartermaster general's
department one assistant quartermaster general, with the rank
of lieutenant colonel, and two quartermasters, with the rank of
major ; and to the commissary general's department, one assist-
ant commissary, with the rank of major, and one assistant com-
missary, with the rank of captain ; and to the medical depart-
ment, 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
lieutenant of infantry, as the safe-keeping of the public property
may require, not to exceed in all six store-keepers.
Sec. ('-. That there be added to the military establishment
one quartermaster sergeant for each regiment of cavalry and
infimtry. and one ordnance sergeant for each military post, each
to receive the pay and allowances of a sergeant major, accord-
ing to existing laws.
Sec. 7. That there may be enlisted for the medical depart-
ment of the army, for the term already provided by law for
other enlisted men, as many hospital stewards as the service
may require, to be determined by the Secretary of War, imder
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 he established for
30
the elementary instruction of officers for the army, the Presi-
dent shall be authorized to appoint cadets from the several
states, in number proportioned to their representation in the
House of Representatives, and ten in addition, to be selected by
him at large from the Confederate States, who shall be attached
to companies in service in any branch of tlie army, as super-
numerary officers, with the rank of cadet, who shall receive the
monthly pay of forty dollars, and be competent for promotion
at such time and imder such regulations as may be prescribed
by the President, or hereafter established by law.
Sec. 9. That the President be authorized to assign officers
of the army of the Confederate States to staff duty with volun-
teers or provisional troops, and to confer upon them, whilst so
employed, the rank corresponding to the staff duties they are
to perform.
Sec. 10. There shall be allowed and paid to every iible-
bodied man who shall be duly enlisted to serve in the army of
the Confederate States, a bounty of ten dollars ; but the pay-
ment of five dollars of the said bounty shall be deferred until
the recruit shall have been mustered into the regiment in which
he is to serve.
Sec. 11. That th6 provision of the third section of the act of
the Congress of ^the United States, making aj)propriations for
the legislative, executive and judicial expenses of the govern-
ment 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 arras nor
military sup2)lics whatever, which are of a patented invention,
shall be purchased, nor the right of using or applying any pat-
ented invention, unless the same shall be authorized by law,
and the appropriation therefor explicitly set forth, that it is for
such jDatented invention, (if of force within the Confederate
States,) shall be susj^ended in its 02:)cration for and during the
existing war.
AprnovED May 16, 1861.
31
Ko. ] 30.] AN ACT .
To provide a Compensation for the Disbursing Officers of the
several Executive Departments.
Section- 1. The Couf/ress of tlic Confederate Sfat.es of
America do e)iact, That the Secretaries of the State, Treasury,
War and Navy Departments, and of the Department of Jus-
tice, and of the Post-office Department, shall appoint one of
their clerks as a disbursing clerk; and such clerk shall bfe
allowed, in addition to his comjieusation as clerk, the additional
sum of tAVO hundred dollars per annum, for disbursing the funds
of said departments which uuiy be required to pass through
their hands. And that all laws and parts of laws now in force
relating to this subject be repealed; and that this act take effect
and be of force from and after its passage.
ApruovED May IG, ISGl.
No. 131.] AN ACT
In relation to Marine Hospitals.
Resolved hy the Congress of the Confederate States of
America, That the expenses of the marine hospitals in the Con-
federate States be limited to the amounts received for their sup-
port ; and that the Secretary of the Treasury be authorized to
place any of such hospitals as may be practicable under the
charge of any corporate or state authority which will undertake
to keep open the same as a hospital for the sick, and to receive
therein such seamen as the funds allowed by law for their sup-
port will enable them to provide for.
ArrEOVED May IG, ISGl.
No. 132.] AN ACT
To amend an Act entitled " An Act to provide for the appoint,
ment of Chaplains to the Army," approved May third^
eighteen 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 iu the army at
.¥<
32
eighty-five dollars be repealed, and that the pay of said chap-
lains be fifty dollars per month.
ArrRO VED May 16,1861.
Ko. 133.] AN ACT
To authorize the President to continue the Appointments made
by him in the Military and Naval Service during the recess of
Congress or the present session, and to submit them to Con-
gress at its next session.
Section 1. The Congress of the Confederate States of
America do enact, That the President be authorized to continue
the appointments made by him in the military and naval service
during the recess of Congress or the present session, and to
submit them to Congress at its next session.
ArPEOVED May 16, 1861.
No. 134.] AN ACT
To authorize a Loan and the issue of Treasury Notes ; and to
prescribe the punishment for forging the same, and for forg-
ing Certificates of Stock, and Bonds.
Section 1. The Congress of the Confederate States of
Atnerica do enact, That the Secretary of the Treasury may,
with the assent of the President of the Confederate States, issue
fifty millions of dollars in bonds, payable at the expiration of
twenty years from their date, and bearing a rate of interest not
exceeding eight per cent, per annum until they become payable,
the said interest to be paid semi-annually. The said bonds, after
public advertisement in three newspapers within the Confede-
rate States for six weeks, to be sold for specie, military stores,
or for the proceeds of sales of ra'w produce or manufactured
articles, to be paid in the form of specie or with foreign bills of
exchange, in such manner and under such regulations as may
be prescribed by the Secretary of the Treasury, with the assent
of the President. But it shall be the duty of the Secretary of
the Treasury to report, at its next ensuing session, to the Con-
gress of the Confederate States, a precise statement of his trans.
33
actions under this law. Nor shall the said bonds be issued in
fractional parts of the hundred, or be exchanged by the said
Secretary for treasury notes, or the notes of any bank, corpora-
tion or individual, but only in the manner herein prescribed:
.Prooidcd, That nothing herein contained shall be so construed-
as to prevent the Secretary of the Treasury from receiving for-
eign bills of exchange in payment of these bonds.
Skc. 2, A?id be it further enacted,, That in lieu of bonds, to
an amount not exceeding twenty millions of dollars, the Secre-
tary of the Treasury, with the assent of the President, may
issue treasury notes to the same amount, without interest, and
in denominations of not less than iivc dollars — the said notes to
be receivable in payment of all debts or taxes due to the Con-
federate States, except the export duty on cotton, or in exchange,
for the bonds herein authorized to be issued. The said notes
shall be payable at the end of two years from the date of their
issue, in specie. The holders of the said notes may at any time
demand in exchange for them bonds of the Confederate States,
payable at the end of ten yeai's, and bearing an interest of eight"
per centum per annum, to be paid semi-annually. The Secretary
of the Treasury is hereby authorized to issue the said bonds, but
not in fractional parts of the liuudred. But if after the expira-
tion of two years, when the treasury notes shall be due, tiie
Secretary of the Treasury shall advertise that he will pay the
same, then the privilege of funding shall cease after six months
from the date of the advertisement, unless there shall be a fail-
ure to pay the same on their presentation.
Skc. 3. And be it ftirthcr enacted, That in lieu of the notes
authorized by this act, which may be redeemed, other notes may
be issued within the period often years as aforesaid : Provided,,
hotoever, That the amount of such notes outstanding, together
with the stock in which the said treasury notes may have been
funded under the provisions of this act, shall not exceed the
sum 43f twenty millions of dollars. But the Secretary of the
Treasury may, upon application of the holder of a bond thus
funded, redeem it by giving in exchange treasury notes issued
under the provisions of this act, to such extent as that the entire
amount of notes then issued, together with the amount of the
bonds in which they may have been funded, shall not exceed
twenty million^ of dollars.
34
Sec. 4. A?id be it further enacted, That the faith of the Con-
federate States is hereby pledged to provide and establish suffi-
cient revenues for the regular payment of the intere&t, and for
the redemption of the said stock and treasury notes. And the
principal sum borrowed under the provisions of this act and the
interest thereOn, as the same shall from time to time become
due and payable, shall be paid out of any money in the treasury
not otherwise appropriated.
Sec. 5, And be it further enacted, That this act shall be
deemed to contain all the provisions, limitations and penalties
of the act entitled an act to authorize the issue of ti'easury notes,
and to prescribe the punishment for forging the same, and for
forging certificates of stocks, bonds, or coupons, and approved
March ninth, ISGl, which shall be considered as parts of this
act, save the first, second and tenth sections, and save so. much
as relates to interest upon treasury notes.
Sec. 6. And be it further enacted, That for the purpose of
raising ten millions of dollars within the present calendar year,
and of proA'iding for the ultimate redemption of the debt herein
authorized to be contracted, the Secretary of the Treasury is
hereby directed to collect information in regard to the value of
the property, the revenue system, and the amount collected
during the last fiscal year in each of the Confederate States, and
to report the same to Congress at its next session, so as to
enable it to lay a fair, equal and convenient system of internal
taxation, for the purpose of securing the payment of the interest
and principal of the debt hereby authorized to be created, in
such manner as may fully discharge the obligation herein con-
tracted by the pledge of the faith of the Confederate States to
pay the principal and interest of the said debt when due.
Sec. 7. And be it further enacted. That any state may pay
into the treasury, in anticipation of the tax aforesaid, any sum
not less than one hundred thousand dollars, in specie or its
equivalent ; and if the same be paid on or before the first day of
July next, the said state shall be allowed to set off the same
with ten per cent, additional from the quota to be assessed upon
the said state.
Approved May 16, 1861.
95
No. 1.35.] AN ACT
To admit the State of North Carolina into the Confederacy,
on a certain condition.
The State of North Carolina having adopted measures look-
ing to an -early withdrawal from tlie United States, and to be-
coming in the future a member of this Confederacy, which
Measures may not be consummated before the approaching re-
cess of Congress : Therefore,
77jc Congress of the Confederate States of Amei'ica do enact,
That the State of North Carolina shall be admitted a member
of the Confederate States of America, upon an equal footing
with the other States, under the Constitution for the Provisional
Government of the same, upon the condition that the conven*
tion of said state soon to assemble shall adopt and ratify said
Constitution for the Provisional Government of the Confederate
States, aR<l shall transmit to the President of the Confederate
States, before the rc-assonbling of Congress, through the gov-
ernor of said state, or some other proper organ, aa authentic
copy of the act or ordinance of said convention so adopting
and ratifying said Provisional Constitution; upon the receipt
whereof the President, by proclamation, shall announce the fact ;
whereupon, and without any furtlier proceeding on the part of
Congress, the ailmissiou of said state into this Confederacy,
under said Constitution for the Provisional Government, shall
be considered as complete, and the laws of this Confederacy
shall thereby be extended ovei- said state as fully and completely
as over the other states now composing the same.
Approved May 17, 18G1.
No. 137.] A RESOLUTION
In relation to Imports from the States of Virginia, North
Carolina, Tennessee, and Arkansas.
Resolved, That all imports from the states of Virginia, North
Carolina, Tennessee, and Arkansas, be exempted from the pay-
ment of duties; and that this exemption extend to imports from
the said states now in warehouse.
Approved May 17, 1861.
30
Xo. 138.] AX ACT
To admit the State of Tennessee into the Confedei'acy, oti 3, cer-
tain condition
The State of Tennessee having adopted measures looking to
an early Avithdrawal from the United States, and to becoming,
in the future, a member of this Confederacy, which measures
may not be consummated before the approaching recess of
Congress : Therefore,
The Congress of the Confederate States of America do enact f
That the State of Tennessee shall be admitted a member of the
Confederate States of America, upon an equal footing with the
other states, iinder the Constitution for the Provisional Gov-
ernment of the same : upon the condition that the said Constitu-
tion for the Provisional Government of the Confederate States
shall be adopted and ratified by the properly and legally consti-
tuted authorities of said state ; and the Governor of said state
shall transmit to the President of the Confederate States, before
the re-assembling of Congress, after the recess aforesaid, an
authentic copy of the proceedings touching said adoption and
ratification by said state of said Provisional Constitution ; upon
the receipt whereof the President, by proclamation, shall an-
nounce the fact ; whereupon, and without any further proceed-
ing on the part of Congress, the admission of said State of Ten-
nessee into the Confederacy, under said Constitution for the
Provisional Government of the Confederate States, shall be con-
sidered as complete ; and the laws of this Confederacy shall be
thereby extended over said State, as fully and completely as
over the other States now composing the same.
Approved May IV, 1861.
Xo. 139.] AX ACT
To authorize the extension of the Mail Service of the Confeder-
ate States in certain cases and upon certain conditions.
Section 1. The Congress of the Confederate States of
America do enact, That the Postmaster General be and he i»
hereby authorized to extend the mail service of the Confedel'ate
Stat.es over all such states and territories as shall, by their legis-
lative or executive authority, request the same to be done, be-
37
twcen this and the meethigof the next session of the Congress;
and that this act take effect and be in force from and after its
passage.
Approved May 20, 1861.
No. 140.] AN ACT
To establish a Mail Route from Yermillionvillo, in the State of
Louisiana, to Orange, in the State of Texas, and for other
purposes,
Skction 1. Tlw Coiigrei^s of the Confederate Slates of
America do enact^ That the following mail route be and the
same is hereby established, to-wit : From Vcnnillionville, in the
State of Louisiana, to Orange, in the State of Texas.
Skc. 2. And he it further enacted^ That the Postmaster
■General be and he is hereby autliorized to make the first con-
tract for carrying the mail over said route without the necessity
of advertising for bids for said- contract, as required by existing
law ; and that this act take effect and be in force from and after
its passage.
Appkoved May 17,1861.
No. 141.] AN ACT
To provide an Additional Company of Sappers and Bombardiers
for the Anny.
Section" 1 . The Congress of the Confederate States of
America do cnact^ That there be added to the military estab-
lishment of the Confederate States one company of sai)pers and
bombardiers, to consist of one captain, two first lieutenants,
one second lieutenant, ten sergeants or master-workmen, ten
corporals or overseers, two musicians, thirty-nine privates of the
first class, and thirty-nine privates of the second class, who shall
be instructed in and perform all the duties of sappers and bom-
bardiers, and shall, moreover, uiuler 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 iu supervising finished fortificatioQS,
as fort-keepers, 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 vehicles, arms, pontons, tools, implements, and othex*
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 com-
pany shall be one himdred and forty dollars ; of each first lieu-
tenant, one hundred dollars ; of the second lieutenant, ninety
dollars ; of the sergeants, thirty-four dollars ; of the corporals,
twenty dollars; of the musicians, thirteen dollars; of the first
class privates, seventeen dollars ; and of the second class pri-
vates, thirteen dollars. And the said commissioned officers
shall be entitled to the same allowances as all other commissioned
officers of the army, and the same right to draw forage for
horses as is accorded to officers of like rank in the engineer
corps.; and the enlisted men shall receive the same rations and
allowances as are granted to all other enlisted men in the army.
Approved May IV, 1861.
No. 142.] AN ACT
To admit the State of Arkansas into the Confederacy.
The people of the State of Arkansas, in sovereign conven-
tion, having passed an ordinance dissolving their political con-
nection with the United States, and another ordinance adopting
and ratifying the Constitution for the Provisional Government
of the Confederate States of America : Therefore,
The Cong; ess of the Confederate States of America do enact.
That the State of Arkansas be aijd is hereby admitted into this
Confederacy, upon an equal footing with the other States, under
the Constitution for the Provisional Government of the same.
Appkoved May 20, 1861.
39
No. 145.] AN ACT
Amendatory of an Act to provide for tlie organization of the
Navy.
Section 1. The Congress of the Covfederate f^Uttes of
America do enact, That from and after the passage of this act,
the corps of marines shall consist of one colonel, one lientietiant
colonel, one major, one quartermaster with the rank of major,
one payma.ster with the rank of major, one adjutant with the
rank of major, one sergeant major, one quartermaster sergeant,
ten captains, ten first lieutenants, tweiity second lieutenants,
forty sergeants, forty corporals, and eight hundred artd forty
privates, ten drummers and ten fifers and two musicians.
Seu. 2. The pay and emoluments of tlie officers and enlisted
men slnJl be the same as that of the officers and enlisted men of
' like grade iu the infantry of the army, except that the pay-
master and the adjutant shall receive the same pay as the quar-
termaster, and the ailjutant shall be taken from the captains and
subalterns of the corjjs and separated from the line. The rations
of enlisted marines shall be the rations allowed by law to sea-
men. All acts inconsistent with the the provisions of this act
are hereby repealed.
Approveo jNIay 20, 1861.
No. 140.] AX ACT
To amend an Act to provide for the organization of the Navy,
approved March sixteenth, eighteen hundred and sixty-one.
■ Sectiox 1. The Congress of the Confederate States of
America do enact, That the President be and he is hereby
authorized to nominate, and by and with the advice and con-
sent of Congress to appoint, all officers of the navy of the
United States, who have resigned or may hereafter resign their
commissions on account of the secpssion of any or all of the
Confederate States, and wl^io may be fit for active service, to the
same rank and position in the navy of the Confederate States
which they held in that of the United States : Provided, how-
ever, That no officer shall be so appointed who may at any time
have committed any act of ho.stility against the Confederate
States or any one thereof. • .
40
Sec. 2. That the President bo authorized to assig-n officei's
of the navy to any duty connected with the defence of the
country, and suitable to their rank, which he may deem proper.
Sec. 3. That the President be authorized to appoint six
assistant paymasters of the navy, each to receive a salary of one
thousand dollars when employed at sea, and seven hundred
dollars when not thus employed ; and all paymasters of the
navy shall' be taken from the grade of assistant paymasters.
Approved May 20, 1861.
No. I4r.] AN ACT
To establish a separate Port of Entry at Sabine Pass, in the
County of Jefferson, in the State of Texas, and to provide for
the appointment of a Collector therein.
Section 1. The Congress of the Confederate Sates of
Ameriea do enacty That all that part of the collection district
for the District of Texas included in the county of Jefferson in
the State of Texas, embracing all the waters, islands, bays, har-
bors, inlets, shores and rivers in the same, shall be a collection
district, to be called the District of Sabine Pass, and Sabine
Pass shall be the port of entry for said district.
Sec. 2. A collector for the said district of Sabine Pass shall
be appointed by the President, with the advice and consent ol
Congress, who shall reside at Sabine Pass, and hold his office
for the terms and the time prescribed by law for the like office
in other districts, and who shall be entitled to a salary not
exceeding- seventeen hundred and fifty dollars per annum,
including in that sura the fees allowed by law ; and the amount
he shall collect in any one year for fees, exceeding the said sum
of seventeen hundred and fifty dollars, shall be accounted for
and paid into the treasury of the Confederate States of America.
Sec. 3. That all laws and parts of laws now in force, contra-
vening the provisions of this act, be and the same are hereby
repealed, and that this act take eliect from and after its passage.
Approved May 21, 1861.
^
No. 148.] AN ACT
To put in o])eration the Government under the Permanent Con-
stitution of the Confederate States of America.
Section 1. The Congress of the Confederate States of
America do enact. That an election shall be held in the several
states of this Confederacy, on the first Wednesday in Novem-
ber, eighteen hundred and sixty-one, for members of the House
of Representatives in the Congress of the Confederate States
under the permanent constitution, which election shall be con-
ducted in all respects according to said Constitution and the
laws of the several states in force for that purpose ; and in
states which may not have provided by law for such election,
according to the laws heretofore existing in such states for the
election of members of the House of Representatives in the
Congress of the United States. And on the same day the sev-
eral states shall elect or api)oint Electors for President and Vice
President of the Confederate States of America, according to
said Constitution, and in the manner prescribed by the laws of
the several States made for that purpose ; and in states where
no such laws may exist, according to the laws heretofore in
force in such states for the election or appointment of Electors
for President and Vice President of the United States.
Sec. 2. The Electors for President and Vice President shall
meet in their respective states on the first "Wednesday in De-
cember, eighteen hundred and sixty-one, and proceed to vote
for President and Vice President, and make out lists, certify the
same, and forward the same to the President of the Senate ; all
as directed by the said Constitution in that behalf.
Sec. 3. The members of the House of Representatives so
elected, and the Senators who may be elected by the several
states according to the provisions of said Constitution, shall
assemble at the seat of government of the Confederate States*
on the eighteenth day of February, eighteen hundred and sixty-
two ; and the said members of the House of Representatives
shall proceed to organize by the election of a Speaker, and the
Senators by the election of a President of the Senate for the
time being ; and the President of the Senate shall, on the nine-
teenth day of February, eighteen hundred and sixty-two, open
all the certificates; and the votes for President and Vice Pres-'
ident shall then be counted, as directed by said Constitution.
»<
42*
Sec. 4. The President of the Confederate States shall be
inaugurated on the twenty-second day of February, eighteen
hundred and sixty-two.
Sec. 5. Jje it further enacted, That in case the State of
Virginia shall adopt and ratify the Constitution for the perma-
nent government of the Confederate States of America before
the elections in this act provided for, she shall be entitled to
elect sixteen members to the House of Representatives ; and
the State of North Carolina, in like case, ten members ; the
State of Tennessee, in like case, eleven ; and the State of Ar-
kansas, in like case, four members; the same being upon the
basis of one member for every ninety thousand representative
jDopulation, and one additional member ifor a fraction over one-
half of the ratio aforesaid, in each of said states, under the cen-
sus of the United States taken in eighteen hiindred and sixty,
and being the same basis of representation fixed for the seven
original states in said Constitution for permanent government.
Sec. 6. JBe it further enacted, That the same rules and prin-
ciples shall be observed as to the number of Presidential Elect-
ors in the states aforesaid as in the other seven original states.
Approved May 21, 1861.
No. 149.] AN ACT
Making Appropriations in addition to those already'- made for
the Military Service of tlie Confederate States of America,
for the fiscal year ending the eighteenth day of February, one
thousand eight hundred and sixty-two.
Section 1. The Congress of the Confederate States of
America do enact, That there be appropriated for the pay of
the ofiicers and privates of one hundred regiments of infantry,
and for quartermaster's supplies of all kinds for the same, and
transportation, including horses, wagons, harness, ambulances
and other necessary expenses, for the fiscal year ending the
eighteenth of February, one thousand eight hundred and sixty-
two, twenty-seven millions nine hundred and thirty-two thou-
sand four hundred and ninety-three dollars and twelve cents.
Sec. 2. That there be appropriated for the pay, quartermas-
ter's supplies of all kinds, transportation and other necessary
43
expenses for one regiment of legionary formation, composed of
one company of artillery, four companies of cavalry, and six
companies ol voltigeurs, five hundred and fifty thousand four
hundred and eighty-five dollars.
^ Sec 3. That there be appropriated for the purchase of sub-
sistence stores and commissary property for one hundred thou-
sand troops, for the fiscal year ending the eighteenth of Febru-
ary, one thousand eight hundred and sixty-two, five millions
four hundred and sixty-four thousand two hundred and -fifty-
eiglit dollars and eighty cents.
Sec. 4. That there be appropriated for the ordnance service,
for the fiscal year ending the eighteenth of February, one thou-
sand eight hundred and sixty-two— for the preservation of public
buildings, quarters, barracks, &c., at the arsenals, armories, and
depots; for the repairs and preservation of ordnance stores ; for
the pay of clerks, draughtsmen, colorers, superintendents, over-
seers, <fec.; for the purchase of horses, mules, forage, stationery,
and contingencies of ordnance service; for the purchase of heavy
ordnance and carriages, with shot and shell for the same; for
sixteen field batteries of six pieces each, with harness, imple-
ments and ammunition ; for fifty thousand stands of small arms;
for five thousand pistols and holsters; for sabres, swords, car-
bines and pistols ; for five thousand sets of cavalry equipments ;
for five thousand sets of cavalry accoutrements; for one hundred
thousand sets infantry accoutrements, knapsacks, haversacks and
canteens; for two and one-half million pounds powder; for
materials for the same; for lead, copper, and materials for per-
cussion caps and for friction tubes ; for additional shops and
storehouses at Mount Vernon Arsenal, Alabama, and Augusta
Arsenal, Georgia ; for machinery, steam engine and tools ; for
cai) juachine ; for bullet machine ; for repairs of buildings and
machines at Harper's Ferry— four millions four hundred and
forty thousand dollars.
Sec. 5. That there be appropriated for medical and hospital
supplies, for the year ending eighteenth of February, one thou-
sand eight hundred and sixty-two, the sum of three hundred
and fifty thousand dollars.
Sec. 6. That there be appropriated for the contingent ser-
vice of the War Department, for the year ending the eighteenth
of February, one thousand eight hundred and sixty-two, the
sum of three hundred thousand dollars.
^'
I
I
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V
44
Sec. 1. That there be appropriated for contingent expenses
of the Adjutant and Inspector General's Department, inchiding
office furniture, stationery, printed blanks for the use of the
army, record books, postage, telegraphic despatches, &c., for
the year ending the eighteenth February, one thousand eight
hundred and sixty-two, the sum of eight thousand dollars.
Sec. 8. That there be appropriated for the pay of surgeons,
assistant surgeons, and chaplains, for the year ending the eight-
eenth day of February, one thousand eight hundred and sixty-
two, the sum of three hundred and twenty-nine thousand nine
hundred and one dollars.
Appkoved May 21, 1861.
i
No. 150.] AN" ACT
To amend an act relative to Telegraphic Lines of the Confed-
erate States, approved May eleventh, one thousand eight hun-
dred and sixty-one.
Sectio^st 1. The Congress of the Confederate States of
America do enact, That the sixth section of the "act relative to
telegraph lines of the Confederate States" be and the same is
hereby so amended as to authorize the President to allow such
compensation as may be reasonable and proj)er, in addition to
what may be allowed by the telegraph companies, to such of the
agents of said companies as he may charge with special and im-
portant duties, where such agents are deemed trustworthy and
acceptable both to him and the companies concerned.
Appkoved May 21, 1861.
No. 151.] AN ACT
Making appropriations for the Legislative and Executive expen-
ses of government for the year ending eighteenth of Feb-
ruary, eighteen hundred and sixty-two.
Section 1. The Congress of the Confederate States of
America do enact. That the following sums be and the same
are hereby appropriated, out of any money in the treasury not
otherwise appropriated, for the objects hereafter expressed, for
46
the year ending the eighteenth of February, eighteen hundred
and sixty-two :
Legislative — For compensation and mileage of members of
Congress, twenty-five thousand dollars. For compensation of
officers of Congress, six thousand dollars. For contingent ex-
penses of Congress, including printing, live thousand dollars.
Department of State — For compensation of two additional
clerks, two thousand dollars. For the publication and printing
of acts and resolutions of Congress, twenty-two thousand five
hundred dollars. For necessities and exigencies under laws
already passed, or which may be passed, or from causes which
' now exist or may hereafter arise, and unforeseen emergencies,
forty thousand dollars — to replace same amount in State Depart-
" ment.
Treasury Department — For this amount to pay interest on
loan of February 28, 1861, five hundred thousand dollars. For
additional expenses under the act "to raise money for the sup-
port of the government and to provide for the defence of the
C(mfederate States of America," approved February 28, 1861,
thirty thousand dollars. For incidental and contingent expen-
ses of the Treasury Department, twenty thousand dollars.
MisceUaneous—Yox compensation of two watchmen to guard
the executive buildings, at four hundred dollars each, and for
lighting the same, sixteen h\mdred dollars. For rent of execu-
tive building corner of Bibb and Commerce streets, three thou-
sand dollars. For rent of executive building on Bibb street,
between Coosa and Commerce streets, two thousand dollars.
For rent of building of Noble & Brother and others, three
thousand dollars. For furniture for executive mansion, nine
hundred and eighty-seven dollars and fifty-eight cents. For fur-
niture of executive offices and halls, six hundred and tAventy-
seven dollars and twenty-one cents. For work done on execu-
^tive buildings by order of committee of C6ngress, six hundred
and thirty-five dollars and fifty-two cents.
Approved May 21, 18G1.
1
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46
Xo. 152.] AN ACT
To provide for certain Deficiencies in the Appropi-iations for the
Post-Office Department for the year ending February 18, 1862.
Section" 1. The Coyigress of the Confederate States of
America ^o enacf, That the following sums shall be and arc
hereby appropriated, out of any money in the treasury not oth-
erwise appropriated, for the service of the Post-Office Depart-
ment for the year ending February 18th, 1862 : For increased
compensation of the chiefs of the contract, appointment and
finance bureaus, one thousaud one hundred and six dollars and
one cent. For compensation of disbursing clerk, one hundred
and forty-seven dollars and forty-seven cents. For compensa-
tion of watchmen, three hundred and sixty-eight dollars and
sixty-seven cents. For comjDensation of four principal clerks,
at fourteen hundred dollars each, four thousand and thirty-six
dollars and eighty cents. For compensation of ten clerks, at
twelve hundred dollars each, eight thousand seven hundred and
forty-nine dollars and twenty cents. For compensation of four
clerks at one thousand dollars, tY,'o thousand nine hundred and
sixteen dollars and forty cents. To supply deficiency in the ap-
propriation for the compensation of the Postmaster General,
clerks and messengers in his offijce, made by the act approved
i 9th day of March, 1861, and entitled "an act further to provide
r for the organization of the Post-Office Department," ten thou-
sand dollars. For the compensation of agents, and for cost of
\ materials, and constructing, repairing, and operating telegraph
lines, and for other expenses which may be incurred under said
^ act, thirty thousand dollars : Provided, That the Postmaster
General is hereby authorized, with the approval of the Presi-
"t dent, to employ officers of the telegraph companies as agents to
perform the services specified in the act entitled "an act relative
to telegraph lines of the Confederate States," approved 11th
day of May, 1861. But the compensation alloAved to such
agents shall in no case exceed that provided for other agents by
said act, and shall be fixed by the Postmaster General, with the
approbation of the President.
Appkoyed May 21, 1861.
.k
47
No. 153.] AN ACT
Concerning the tvansportMtion 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 discharged 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 short,
est practicable route. The foregoing to apply to ail officers^
non-commissioned ofhcers, musicians, artificers, farriers, black-
smiths and privates of volunteers, when disbanded, discharged
or mustered out of service of the Confederate States ; and it
shall also apply to all volunteer troops, as above designated, when
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 de-
prive 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 dis.
charge 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 hira
on the first muster and pay rolls after being received and mus-
tered into the service of the Confederate States, the sum of
twenty-one dollars, in lieu of clothing for six months ; and
thereafter the same allowance in money at every subsequent
period of service for six months in lieu of clothing : Provided^
That the price of all clothing in kind received by said volunteers
from the Confederate States government shall be deducted
first from the money thus allowed ; and if that sum be not suf-
ficient, the balance shall be charged for stoppage on the muster
and pay rolls ; and that all accounts arising from contracts, agree-
ments, or arrangements for furnishing clothing to volunteers, to
1 %
4B
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 or-
ganization 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.
m. 154.] AK ACT
To be entitled an Act to amend "An Act to raise an additional
Military Force to serve during the War."
SiscTioN 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 appli-
cation of any commanding officer of a regiment or battalion
authorized by said act, to assign a subaltern of the line of the
army to the duties of adjutant of said regiment or battalion.
Appeoved May 21, 1861.
No. 155.] AN" ACT
To authorize the President to confer temporary rank and com-
mand, for service with volunteer troops, on Officers of the
Confederate army.
Section 1. The Congress of the Confederate States of
America do enact^ That the President shall be authorized to
confer temporary rank and command, for service with volunteer
troops, on officers of the Confederate army ; the same to be held
without prejudice to their positions in said army, and to have
effect only to the extent and according to the assignment made
in general order.
Appkoved May 21, 1861.
49
No. 156.] AN ACT
To provide for tlie Incidental Expenses of the Public Service
within the Indian tribes.
The Congress of the Confederate States do enact, That the
sum of cue hundred thousand dollars be and the same is hereby
appropriated, out of any money in the treasury not otherwise
appropriated, to meet the incidental expenses of the public ser-
vice within the Indian tribes, for the year ending February the
eighteenth, eighteen hundred and sixty -two. But a particular
and specific account of the expenditures under this act shall be
made and reported to Congress at its next session after the ex.
piration of the period herein named.
Approved May 21, 1861.
No. 158.] A RESOLUTION
In relation to certain Accounts.
Hesolred by the Cot^gress of the Confederate /States of
America, That the Secretary of the Treasury be authorized to
pay, out of the contingent fund of the Treasury Department, all
accounts contracted for work done or furniture provided for
the use of the executive office, or in the executive buildings,
not properly chargeable to the contingent fund of either of the
other departments.
Appkoved May 21, 1861.
No. 159.] AN ACT
To divide the State of Texas into two Judicial Districts, and to
provide for the appointment of Judges and officers in the
same.
Section 1. The Congress of the Confederate States of
America do enact. That the state of Texas be and the same is
hereby divided into two judicial districts, in the following
manner, to- wit : all the territory of the State of Texas within
and west of the following named counties shall compose one
district, to be called the Western District, to-wit : INIatagorda,
. Wharton, Colorado, Fayette, Washington, Burleson, Milan,
50
Falls, McLellan, Hill, Johnson, Tarrant, Wise, Montague ; and
all the territory east of said counties shall constitute the East-
ern District of Texas.
Sec. 2, There shall be appointed a judge and marshal for said
Western District. The said judge shall hold two terms each
year of said court, at the city of Austin, and at Brownsville, in
the county of Cameron, at the times prescribed by the laws of
the United States for the holding of the district courts of the
United States, at said places.
Sec. 3. All the laws of the United States relative to the
district coui'ts of Texas, and the powers and jurisdiction of the
same, so far as they are consistent with the constitution and the
laws of the Confederate States, are hereby re-enacted and con-
tinued in full force.
Approved May 21, 1861.
No. 162.] AN ACT
To provide Revenue from Commodities Imported from Foreign
Countries,
Section 1. 2^he Congress of the Confederate /States of
America do enact, That from and after the 31st day of August
next, a duty shall be imposed on all goods, products, wares and
merchandise imported from abroad into the Confederate States
of America, as follows :
On all articles enumerated in schedule A, an ad valorem duty
of twenty-five per centum. On all articles enumerated in sched-
ule B, an ad valorem duty of twenty per centum. On all arti-
cles enumerated in schedule C, an ad valorem duty of fifteen
per centum. On all articles enumerated in schedule D, an ad
valorem duty often per centum. On all articles enumerated in
schedule E, an ad valorem duty of five per centum. And that
all articles enumerated in schedule F, a specific duty as therein
named. And that all articles enumerated in schedule G shall
be exempt from duty, to-wit :
Schedule A, (twenty-five per centum ad valorem.)
Alabaster and spar ornaments ; anchovies, sardines and all
other fish preserved in oil.
Brandy and other spirits distilled from grain or other materi-
51
als, not otherwise provided for ; billiard and bagatelle tables,
and all other tables or boards on which games are played.
Composition tops for tables, or other ai'ticles of furniture ;
confectionary, comfits, sweetmeats, or fruits preserved in sugar,
molasses, brandy or other liquors ; cordials, absynthe, arrack,
curacoa, kirschenwesscr, liqucrs, maraschino, ratafia, and all
other spirituous beverages of a similar character.
Glass, cut.
Manufactures of cedar-wood, granadilla, ebony, mahogany,
rosewood and satin-wood.
Scagliola tops, for tables or other articles of furniture ; segars,
snuff, paper segars, and all other manufactures of tobacco.
Wines — Burgundy, champagne, clarets, madeira, port, sherry,
and all other wines or imitations of Avines.
Schedule 15, (twenty per centum ad valorem.)
Almonds, raisins, currants, dates, figs, and all other dried or
preserved fruits, not otherwise provided for ; argentine, alabata,
or German silver, manufactured or unmanufactured ; articles
embroidered with gold, silver or other metal, not otherwise
provided for. "
Balsams, cosmetics, essences, extracts, pastes, perfumes and
tinctures, used for the toilet or for medicinal purposes ; bay rmu,
beads of amber, composition or wax, and all other beads ;
benzoates ; bracelets, braids, chains, curls or ringlets composed
of hair, or of which hair is a component part, not otherwise pro-
vided for ; brooms and brushes of all kinds.
Camphor, refined ; canes and sticks, for walking, finished or
unfinished ; capers, pickles, and sauces of all kinds, not other-
wise provided for ; card cases, pocket-books, shell boxes, souve-
nirs, and all similar articles, of Avhatever material composed, not
otherwise provided for ; compositions of glass, set or unset ;
coral, cut or manufactured.
Feathers and flowers, artificial or ornamental, and parts there-
of, of whatever material composed; fans and fire screens of every
description, of whatever material composed.
Grapes, plums, and prunes, and other such fruit, when put up
in bottles, cases, or cans, not otherwise provided for.
Hair, human, cleansed or prepared for use.
Manufactures of gold, platina or silver, not otherwise pro-
vided for ; manufactures of papier raache ; molasses.
52
Paintings on glass ; pepper, pimento, cloves, tiutmegs, ciuna'
mon, and all other spices ; perfumes and perfumery, of all sorts,
not otherwise provided for ; plated and gilt -ware of all kinds,
not otherwise provided for ; playing cards ; prepared Vegetables,
fruits, meats, poultry and game, sealed or enclosed in cans or
otherwise.
Silver plated nietals, in sheets or other form 5 soap, castile,
perfumed, Windsor, and other toilet soaps ; sugar of all kinds ;
syrup of sugar.
Epaulettes, galloons, laces, knots, stars, tassels, tresses, and
wings of gold or silver, or imitations thereof.
Schedule C. (fifteen per cent- ad valorem.)
Alum ;. arrow-root f articles of clothing or apparel, including'
hats,, caps, gloves, shoes and boots of all kinds, worn by men,
women or children,- of whatever material composed, not other-
yfi&e provided for.
Baizes, blankets,- bockings,. flannels and floor-cloths, of what-
ever miiterial composed, not otherwise provided for ; baskets,
and all other articles composed of grass, osier, palm-leaf, straw,
whalebone or willow, not otherwise provided for ; beer, ale and
porter, in casks or bottles ; beeswax ; berries and vegetables of
all sorts used for food, not otherwise provided for ; blue or
roman vitriol, or sulphate of copper ; bologna sausages ', braces,
suspenders, webbing, or other fabrics- composed wholly or in
part of Indian rubber, not otherwise pro>'ided for ; breeeia ; bur-
gundy pitch ; buttons and button moulds of all kinds.
Cables and cordage, of whatever m?iterial made ; cadmium ;
-calamine ; calomel and all other mercurial preparations ; carbon-
.at^e of soda; castor beans; castor oil; erandles and tapers of
-Spermaceti, stearine, parafine, tallow or wax^ and all other can-
dles ; caps, hats, muffs and tippets, and all other manufactures of
fur, or of which fur shall be a component part ; caps, gloves,
leggins, mits, socks, stockings, wove shirts and drawers, and all
similar articles Avoi'n by men, women and children, and not oth-
erwise provided for ; carpets, carpeting, hearth-rugs, bed-sides,
and , ^ther portions of carpeting, being either Aubusswn, Brus-
sels, iiigrain, Saxony, Turkey, Venetian, Wilton, or any other
similar, fabric, not otherwise provided for ; carriages and parts
of carj'iages ; castorum ; chains, of all sorts ; cider and other
; beyeraggs not containing alcohol, and not othei'wise provided
53
for ; chocolate ; chromate of lead ; chromate, bi-chromate, liy-
driodate, aud prussiate of potash ; clocks and parts of clocks ;
coaoh and harness furniture of all kinds ; cobalt ; combs of all
kinds; copper bottoms; copper rods, bolts, nails, and sjtikes;
copper in sheets or plates, called brazier's copper, and other
sheets of copper, not otherwise provided for; copperas, or green
vitroil, or sulphate of iron ; corks ; cotton cords, gimps, and
galloons ; cotton laces, cotton insertings, cotton trimming, laces,
cotton laces and braids ; court plaster ; coral, manufactured ;
crayons of all kinds; cubebs ; cutlery of all kinds.
Delaines ; dolls and toys of all kinds ; dried pulp ; drugs,
medicinal.
Earthen, china, and stone ware, and all other wares composed
of earthy and mineral substances not otherwise provided for ;
encaustic tiles ; ether.
Felsjjar; fig-blue; fire-crackers, sky-rockets, Roman candles,
aiid all similar articles used in pyrotechnics; fish, whether fresh,
smoked, salted, dried or pickled, not otherwise provided for ;
fruits, preserved in their own juice, or pie fruits; fish glue, or
isinglass ; fish skins ; flats, braids, plaits, sparterre and willow
squares, used for making hats or bonnets ; floss silks, feather
beds, feathers for beds, and downs of all kinds; frames and
sticks for umbrellas, parasols, and sunshades, finished or unfin-
ished; Frankford black; fulminates, or fulminating powders;
furniture, cabinet and household, not otherwise provided for ;
furs, dressed on the skin.
Ginger, dried, green, ripe, ground, preserved or pickled;
glass, colored, stained or painted ; glass, wijidow ; glass crys-
tals for watches ; glasses or pebbles for spectacles ; glass tmn-
blers, plain, moulded and pressed, bottles, flasks, and all other
vessels of glass not cut, and all glass not otherwise provided
for; glue; grass cloth; green turtle; gum benzoin or benjamin;
guns, except muskets and rifles, fire-arms, and h\\ parts thereof
not intended for military purposes ; gunny cloth and India bag-
gings, and India mattings of all sorts, not otherwise provided
for.
Hair curled, moss, seaweed, and all other vegetable substances
used for beds or mattresses ; hair i)encils; hat bodies of cotton
or wool ; hats and bonnets, for men, women and children, com-,
posed of straw,, satin-straw, chip, grass, palm-Icaf, willow, ov
any other vegetable substance, or of hair, whalebone, or othep
54
materials, not otherwise provided for ; hatter's phish, of what-
ever material composed ; honey.
Ink and ink powder ; ipecacuanha ; iridium ; iris or orris
root ; iron castings ; iron liquor ; iron in bars, bolts, rods, slabs,
and railroad rails, spikes, fishing plates and chairs used in con-
structing railroads ; ivory black.
Jalap ; japanned ware of all kinds not otherwise provided for;
jet, and manufactures of jet, and imitations thereof; jewelry, or
imitations thereof ; juniper berries.
Laces of cotton, of thread, or other materials not otherwise
provided for; lampblack; lastings, cut in strips or other pat-
terns, of the size or shape for shoes, boots, bootees, slippers,
gaiters or buttons, of whatever material composed ; lead pen-
cils ; leaden pipes ; leather, japanned ; leeches ; linens of all
kinds ; liquorice, paste, juice or root ; litharge.
Maccaroni, vermicelli, gelatine, jellies, and all other similar
preparations not otherwise provided for ; machinery of every
description not otherwise provided for ; malt; magnesia; man-
ganese ; manna ; manufactures of the bark of the cork tree ;
manufactures of silk; manufactures of wool of all kinds, or
worsted, not otherwise provided for; manufactures of hair of
all kinds not otherwise provided for; manufactures of cotton of
all kinds not otherwise provided for; manufactures of flax of all
kinds not otherwise provided for; manufactures of hemp of
all kinds not otherwise provided for ; manufactures of bone,
shell, horn, pearl, ivory, or vegetable ivory, not otherwise pro-
vided for ; manufactures, articles, vessels and wares, not other-
wise provided for, of brass, copper, iron, steel, lead, pewter, tin,
or of which either of these metals shall be a component part
manufactures, articles, vessels and wares of glass, or of which
glass shall be a component material, not otherwise jjrovided for;
manufactures and articles of leather, or of which leather shall
be a component part, not otherwise provided for; manufactures
and articles of marble; marble paving tiles, and all other marble
more advanced in manufacture than in slabs or blocks in the
rough not otherwise provided for ; manufactures of paper, or
of which paper is a component material, not otherwise provided
for ; manufactures of wood, or of which wood is a component
part, not otherwise provided for; matting, china or other floor
matting, and mats made of flags, jute, or grass ; medicinal pre-
jjarations, drugs, roots and leaves in a crude state, not other-
55
wise provided for; morphine; metiillic pens; mineral waters ;
musical instruments of all kinds, and strings for musical instru-
ments, of whip-gut, cat-gut, and all other strings of the same
material; mustard in bulk or in bottles; mustard seed.
Needles of all kinds, for sewing, darning and knitting ; nitrate
of lead.
Ochres and ochrey earths ; oil-cloths of every description, of
whatever material composed ; oils of every description, aninial^
vegetable and mineral, not otherwise provided for ; olives ;
opium ; orange and lemon peel ; osier or willow, prepared for
basket-makers' use.
Paints, dry or ground in oil, not otherwise previded for ;
paper, antiquarian, demy, drawing, elephant, foolscap, imperial,
letter, and for printing newspapers, hand-bills and other printing,
and all other paper, not otherwise provided for; paper boxes,
and all other fancy boxes ; paper envelopes ; paper hangings,
paper for walls, and paper for screens or fireboards ; parchment;
parasols and sun-shades, and umbrellas; patent mordant; paving
and roofing tiles, and bricks, and roofing slates, and fire brick ;
periodicals and other works, in course of printing and repul)li-
catiou in tlie Confederate States ; pitch ; plaster of paris, cal-
cined ; plumbago ; potassium ; putty.
Quicksilver ; quills; qnasia, manufactured or unmanufiutured.
Ked chalk pencils ; rhubarb ; roman cement.
Saddlery of all kinds, not otherwise provided for ; saftVon and
saffron cake ; sago ; salts, epsom, glauber, rochelle, and all other
salts and preparations of salts not otherwise provided for ; sarsa-
parilla; screws of all kinds ; sealing wax ; seines ; seppia ; sewing
silk, in the gum and purified ; shaddocks ; skins of all kinds,
tanned, dressed or japanned ; slate pencils ; smaltz ; soap of every
description not otherwise provided for; spirits of turpentine ;
spunk ; squills ; starch ; stereotype plate ; still bottou)s ; sulpliate
of barytes, crude or refined ; sulphate of quinine, and quinine in
all its various preparations.
Tapioca ; tar ; textile fabrics of every description, not other-
wise provided for ; twine and pack thread, of whatever material
composed; thread lacings and inscrtings ; types, old or new, and
type metals.
Umbrellas; Vandyke brown; vanilla beans; varnish of all
kinds ; vellum ; Venetian red ; velvet in the piece, composed
wholly of cotton, or of cotton and silk, but of which cotton is
56
the component material of chief value ; verdigris ; Vermillion ;
vinegar.
Wafers ; water colors ; whalebone ; white and red lead ; white
vitriol, or sulphate of zinc ; whiting, or Paris white ; window
glass, broad, crown or cylinder; woolen and Avorsted yarns, and
woolen listings ; shot of lead, not otherwise provided for ; wheel-
barrows and hand-barrows ; wagons and vehicles of every
description, or parts thereof.
Schedule D, (ten per centum ad valorem.)
Acids of every description, not otherwise provided for;
alcornoque ; aloes ; ambergris ; amber ; ammonia and sal am-
monia ; anatto, roucon or Orleans ; angora Thibit, and other
goats' hair, or mohair, unmanufactured, not otherwise provided
for ; annis-seed ; antimony, crude or regulus of; argol, or crude
tartar ; arsenic ; ashes, jjot, pearl and soda ; asphaltum ; assa-
f(ptida.
Bananas, cocoa nuts, pine apples, plantains, oranges, and all
other West India fruits in their natural state ; barilla ; bark of
all kinds, not otherwise provided for ; bark, Peruvian ; bark,
guilla ; bismouth ; bitter apples ; bleaching powder of chloride
of lime ; bones, burnt ; boards, planks, staves, shingles, laths;
scantling, and all other sawed lumber ; also spars aud hewn tim-
ber of all sorts, not otherwise provided for ; bone-black, or
animal carbon, and bone dust ; bolting cloths ; books, printed,
magazines, pamphlets, periodicals, and illustrated newspapers,
bound or unbound, not otherwise provided for ; books, blank,
bound or unbound ; borate of lime ; borax, crude or tincal ;
borax, refined ; bouchu leaves ; box-wood, unmanufactured ;
Brazil paste ; Brazil wood, braziletto, and all dye-woods in
sticks ; bristles ; bronze .and Dutch metal in leaf, bronze liquor
and bronze powder ; building stones ; butter ; burr stones,
wrought or un wrought.
Cabinets of coins, medals, gems, and collection of antiquities ;
camphor, crude ; cantharides ; cassia and cassia buds ; chalk ;
cheese ; chickory root ; chronometers, box or ship, and parts
thereof; clay, burnt or unburnt bricks, paving and roofing tiles,
gas retorts, and roofing slates ; coal, coke and culm of coal ;
cochineal ; cocoa nuts, cocoa and cocoa shells ; coculus indicus ;
coir tarn ; codilla, or tow of hemp or flax ; cowhade down ;
cream of tartar ; cudbear.
57
Diamonds, cameos, mosaics, gems, pearls, rubies, and other
precious stones, and imitations thereof, when set in gold or sil-
ver, or other metal ; diamond glaziers, set or not set ; dragon's
blood.
Engravings, bound or unbound ; extract of indigo, extracts
and decoctions of log-wood and other dye-wood, not otherwise
provided for ; extract of madder ; ergot.
Flax, unmanufactured ; flax seed and linseed ; flints and flint
groimd; flocks, waste or shoddy; French chalk; furs, hatters',
dressed or imdressed, not on the skin ; furs, undressed, when
on the skin.
Glass, when old and fit only to be re-manufactured ; gam-
boge; gold and silver leaf; gold-beaters' skin; grindstones;
gums — Arabic, Barbary, copal, East Indies, Senegal, substitute,
tragacanth, and all other gums and resins, in a crude state, not
otherwise provided for.
Hair, of all kinds, uncleansed and unmanufactured ; hemp,
unmanufactured ; hemp seed, and rape seed ; hops, horns, horn-
tips, bone, bone-tips, and teeth, unmanuftictured.
Ivory, ixnmaniifactured, ivory nuts, or vegetable ivory.
Jute, sisal grass, coir, and other vegetable substances, unman-
ufactured, not otherwise provided for.
Kelp ; kermos.
Lac spirits, lac sulphur, and lac dye ; leather, tanned, band
sole, and upper of all kinds, not otherwise provided for ; lem-
ons and limes, and lemon and lime juice, and juices of all other
fruits M'ithout sugar ; lime.
JNIadder, ground or prepared ; madder root ; marble, in the
rough slab or block, unmanufactured ; metals, unmanufactured,
not otherwise provided for ; mineral kermes ; mineral and bitu-
minous substances in a crude state, not otherwise provided for ;
moss, iceland; music, printed with lines, bound or unbound.
Natron; nickel; nuts, not otherwise pi'ovided for; nut galls;
nux vomica.
Oakum; oranges, lemons, and limes, orpiment.
Palm leaf, unmanufactured; pearl, mother of ; pineapples;
l^lantains ; platina, unmanufactured ; polishing stones ; potatoes ;
Prussian blue; pumice and pumice stone.
Rattans and reeds, unmanufactured ; red chalk ; rotten stone.
Safliower ; sal soda, and all carbonates and sulphates of soda,
by whatever names designated, not otherwise provided for ;
^
58
seedlac; shellac; silk, raw, not more advanced in manufacture
than singles, tram and thrown, or organzine ; sponges ; steel, in
bars, sheets and plates, not further advanced in manufacture
than by rolling, and cast steel in bars ; sumac ; sulphur, flour of.
Tallow, marrow, and all other grease or soap stock and soap
stuffs, not otherwise provided for.
Tea; terne tin, in plates or sheets; teazle, terreajaponica,
catechu ; tin, in plates or sheets, and tin foil ; tortoise and other
shells, unmanufactured ; trees, shrubs, bulbs, plants and roots,
not otherwise provided for ; turmeric.
Watches and parts of watches ; woad or pastell ; woods, viz.:
cedar, box, ebony, lignum-vitfe, granadilla, mahogany, rose-wood,
satin-wood, and all other woods, unmanufactured.
Iron ore, and iron in bloom, loops and pigs.
Maps and charts.
Paintings and statuary not otherwise provided for.
Wool, manufactured, of every description, and hair of the
Alpaca goat and other like animals.
Specimens of natural history, mineralogy, or botany, not oth-
erwise provided for.
Yams.
Leaf and unmanufactured tobacco.
Schedule E. (five per centum ad valorem.)
Articles used in dyeing and tanning not otherwise provided
for.
Brass, in bars or pigs, old and fit only to be re-manixfactured ;
bells, old ; bell metal.
Copper, in pigs or bars ; copper ore ; copper, when old and
fit only to be re-manufactured ; cutch.
Diamonds, cameos, mosaics, pearl, gems, rubies, and other
precious stones, and imitations thereof, when not set.
Emery, in lump or pulverized.
Felt, adhesive, for sheathing vessels ; Fuller's earth.
Gums of all sorts not otherwise provided for ; gutta purcha,
unmanufactured.
Indigo; India rubber, in bottle, slabs or sheets, unmanufac-
tured ; India rubber, milk of.
Junk, old.
Plaster of Paris or sulphate of lime, ground or unground;
raw hides and skins of all kind undressed.
29
Sheathing copper — but no copper to be considered as such,
except in slieets forty-eight inches long and fourteen inches
wide, and weighing from eleven to thirty-four ounces ; sheath-
ing or yellow metal not wholly or part of iron ; sheathing or
yellow metal ; nails expressly for sheathing vessels ; sheathing
paper ; stave bolts and shingle bolts.
Tin ore, and tin in pigs or bars ; type, old and fit only to bo
remanufactured.
Wold.
Zinc, spelter, or tentenegue, unmanufactured.
Schedule F. (Specific Duties.)
Ice — one dollar and fifty cents per ton.
Salt — ground, blown, or rock — two cents per bushel, of fifty
six pounds per bushel.
Schedule G. (Exempt from Duty.)
Books, maps, charts, mathematical and nautical instruments,
philosophical apparatus, and all other articles whate\er, import-
ed for the use of the Confederate States; books, pamphlets,
periodicals, and tracts, published by religious associations.
All pliilosophical apparatus, instruments, books, maps and
charts ; statues, statuary, busts and casts, of marble, bronze,
alabaster, or plaster of paris; paintings and drawings; etchings;
specimens of sculpture ; cabinets of coins ; medals, gems, and
all collections of antiquities : Provided^ The same be specially
imported in good faith for the use of any society incorporated
or established for philosophical and literary purposes or for the
encouragement of the fine arts, or for the use or by the order
of any church, college, academy, school or seminary of learning
in the Confederate States.
Bullion, gold and silver.
Coins, gold, silver and copper; coffee; cotton; copper, when
imported for the mint of the Confederate States.
Garden seeds, and all other seeds for agricultural and horti-
cultural purposes; goods, wares and merchandise, the growth,
produce or manufacture of the Confederate States, exported to
a foreign country and brought back to the Confederate States
in the same condition as when exported, upon which no draw-
back has been allowed : Provided., That all regulations to ascer-
tain the identity thereof, prescribed by existing laws, or which
<*^
60
may be prescribed by the Secretary of the Treasury, sliall be
compHed with. Guano, manures, and fertilizers of all sorts.
Household effects, old and in use, of persons or families from
foreign countries, if used abroad by them, and not intended for
any other purpose or purposes, or for sale.
Models of inventions or other improvements in the arts: Pro-
vided^ That no article or articles shall be deemed a model which
can be fitted for use.
Paving stones; personal and household effects, not merchan-
dise, of citizens of the Confederate States dying abroad.
Specimens of natural history, mineralogy, or botany ; provided
the same be imported in good faith for the use of any society
incorporated or established for philosophical, agricultural or
horticultural purposes, or for the use or by the order of any
college, academy, school or seminary of learning in the Confed-
erate States.
Wearing apparel, and other personal effects not merchandise;
professional books, implements, instruments, and tools of trades,
occupation or employment, of persons ai'riving in the Confede-
rate States : Provided, That this exemption shall not be con-
strued to include machinery, or other articles imported for use
in any manufacturing establishment, or for sale.
Bacon, pork, hams, lard, beef, Avheat, flour and bran of wheat,
flour and bran of all other grains, Indian corn and meal, barley,
rye, oats and oat meal, and living animals of all kinds, not other-
wise provided for ; also all agricultural productions, including
those of the orchard and garden, in their natural state, not
otherwise j^rovided for.
Gunpowder, and all the materials of which it is made.
Lead, in pigs or in bars, in shot or balls, for cannon, muskets,
rifles or pistols.
Rags, of whatever material composed.
Arms of every description, for military purposes, and parts
thereof, munitions of war, military accoutrements, and percus-
sion caps.
Ships, steamers, barges, dredging vessels, machinery, screw
pile jetties, and articles to be used in the construction of har-
bors, and for dredging and improving the same.
Sec. 2 . And he it further enacted. That there shall be levied,
collected and paid on each and every non-enumerated article
which bears a similitude, either in material, quality, texture, or
61
ihc uses to which it may be applied, to any euumerated article
chargeable with duty, the same rate of duty which is levied and
charged on the enumerated article by the foregoing schedules,
which it most resembles in any of the particulars before men-
tioned ; and if any non-enumerated article equally resembles two
or more enumerated articles on which different rates of duty
are chargeable, there shall be levied, collected and paid on such
non-enumerated article the same rate of duty as is chargeable
on the article which it resembles, paying the highest duty : Pro-
vided, That on all articles manufactured from two or more
materials, the duty shall be assessed at the highest rates at
which any of its component parts may be chargeable : Provided
Jurther, That on all articles which are not enumerated in the
foregoing schedules and cannot be classified under this section,
a duty of ten per cent, ad valorem shall be charged.
Sec. 3. And he it further enacted, That all goods, wares and
merchandise which may be in the jiublic stores as unclaimed, or
in Avarehonse under warehousing bonds, on the 31st day of
August next, shall be subject, on entry thereof for consumption,
to suf^h duty as if the same had been imported, respectively
after that day.
Sec. 4. Ajid be it further e}iacted, That on the entry of any
goods, wares or merchandise, imported on or after the 31st day
of August aforesaid, the decision of the collector of the customs
at the port of importation and entry, as to their liability to duty
or exemption therefrom, shall be final and conclusive against the
owner, importer, consignee or agent of any such goods, wares
and merchandise, unless the owner, importer, consignee or agent
shall, within ten days after such entry, give notice to the col-
lector, in writing, of his dissatisfaction with siich decision, set-
ting forth therein distinctly and specially his ground of objec-
tion thereto, and shall, within thirty days after the date of such
decision, appeal therefrom to the Secretary of the Treasury,
whose decision on such appeal shall be final and conclusive ; and
the said goods, wares and merchandise shall be liable to duty
or exemption therefrom accordingly, any act of Congress to the
contrary notwithstanding, unless suit shall be brought within
thirty days after such decision, for any duties that may have
been paid, or may thereafter be paid on said goods, or within
thirty days after the duties shall have been paid in cases where
such goods shall be in bond.
62
Sec. 5. Afid be it further enacted^ That it shall be lawful for
the owner, consignee, or agent of imports which haA^e been
actually purchased or procured otherwise than by purchase, on
entry of the same, to make such addition in the entry to the
cost or value given in the invoice as, in his opinion, may raise
the same to the true market value of such imports in the princi-
pal markets of the country whence the importations shall have
been made, and to add thereto all costs and charges Avhich, un-
der existing laws, would form part of the true value at the port
where the same may be entered, upon which the duty should be
assessed. And it shall be the duty of the collector within whose
district the same may be imported or entered, to cause the duti-
able value of such imports to be appraised, estimated and ascer-
tained, in accordance with the provisions of existing laws ; and
if the appraised value thereof shall exceed by ten per centum,
or more, the value so declared on entry, then in addition to the
duties imposed by law on the same, there shall be levied, col-
lected and paid a duty of twenty per centum ad valorem, on
such appraised value: Provided, nevertheless, That under no
circumstances shall the duty be assessed upon an amount less
than the invoice or entered value, any law of Congress to the
contrary notwithstanding.
Sec. 6. A)id he it farther enacted, That so much of all acts
or parts of acts as may be inconsistent with the provisions of
this act, shall be and the same are hereby repealed.
Approved May 21, 1861.
No. 163.] AN ACT
To define with more certainty the meaning of an Act entitled
" An Act to fix the duties on articles therein named," ai>
proved March the fifteenth, eighteen hundred and sixty-one.
Section 1. The Congress of the Confederate States of
Aynerica do enact. That the above recited act shall be so con-
strued as to embrace all railroad rails, spikes, fishing plates and
chairs, used in the construction of railroads, which were im-
ported and were in bond at the date of its passage.
Sec. 2. Be it further enacted, That the Secretary of the
Treasury is hereby directed to refund to such railroad compa-
63
nies as have, since the passage of said act, paid on any of the
above enumerated articles imported as aforesaid a greater rate
of duty than is prescribed by said act, the amount over and
above said rate.
Approved May 21, 1861.
No. 164.] A RESOLUTION
Rescinding a Resolution providing for a Digest of Laws, ap-
proved March twelfth, eiglitoon hundred and sixty-one.
1. Resolved by the Congress of the Confederate States of
America, That the resolution ajiproved March twelfth, eighteen
hundred and sixty-one, providing for a digest of laws, be and
the same is hereby rescinded.
2. Resolved, That W. P. Chilton and John Hemphill, com-
mittee of this Congress appointed under the resolution rescind-
ed, be allowed eight dollars per day for their attendance as said
committee during the recess of Congress, to be ascertained and
paid at the per diem of members of Congress in session.
3. Resolved, That the committee aforesaid be and they are
hereby required to deposite in the office of the Attorney Gene-
ral the digest, so far as it has progressed, Avith the materials
collected by them, Avith a statement or report explanatory
thereof.
Approved May 21,1861.
No. 165.] AN ACT
To establish a Patent Office, and to provide for the Granting
and Issue of Patents for New and Useful Discoveries, Inven-
tions, Imjjrovements and Designs.
Sectiox 1. The Congress of the Confederate States of
America do enact. That there shall be established and attached
to the Department of Justice, an office to be denominated the
Patent Office, the chief officer of which shall be called the Com-
missioner of Patents, to be appointed by the President, by and
with the consent of the Congress, whose duty it shall be, under
the direction of the Attorney General, to superintend, execute
64
and perform all such acts and things touching and' respecting
the issue of patents for new and useful discoveries, inventions
and improvements, as are herein provided for, or shall hereafter
be by law directed to be done and performed, and shall have
the charge and custody of all books, records, papers, models,
machines and other things belonging to said office.
Sec. 2. JBe it further enacted^ That there shall be in said
office an inferior officer, to be appointed by said commissioner,
with the approval of the Attorney General, to be called the chief
clerk of the patent office, who in all cases during the absence
of the commissioner, or when the said principal office shall
become vacant, shall have the charge and custody of the seal
and of the records, books, papers, machines, models, and all
other things belonging to the said office, and shall perform the
duties of the commissioner during such vacancy. And the said
commissioner may also, with like aj^proval, appoint such exami-
ners of patents and other clerks as may be necessary. And said
commissioner, and every other person appointed and employed
in said office, shall be disqualified or interdicted from acquiring
or taking, except by inheritance, during the period for which
they shall hold their appointments respectively, any right or
interest, directly or indirectly, in any patent for an invention or
discovery which has been or may hereafter be granted. And
said commissioner, and all others employed in said office, shall
receive a compensation to be ascertained and fixed by law.
Sec. 3. And he it further enacted^ That the said principal
officer, and every other person to be appointed in said office,
shall, before he enters upon the duties of his office or appoint,
ment, make oath or affirmation truly and faithfully to execute
the trust committed to him. And the said commissioner and
chief clerk shall also, before entering upon their duties, severally
give bonds, with sureties, to the treasurer of the Confederate
States, the former in the sum of ten thousand dollars, and the
latter in the sum of five thousand dollars, with condition to ren
der a true and faithful account to him or his successor in office,
quarterly, of all moneys which shall be by them respectively
received for duties on patents, and for copies of records and
drawings, and all other moneys received by virtue of said office.
Sec. 4. And he it further enacted^ That the said commis-
sioner shall cause a seal to be made and provided for the said
office, with such device as the President of the Confederate
65
States shall approve ; and copies of any records, books, paper?
or drawings belonging to the said office, under the signature of
said commissioner, or when the office shall be vacant, under the
signature of the chief clerk, with the said seal affixed, shall be
competent evidence in all cases in which the original records,
books, papers or drawings could be evidence. And any person
making application therefor may have certified copies of the
records, drawings and othef- papers deposited in the said office,
on paying for the written copies the sum of ten cents for every
page of one hundred words, and for copies of drawings, the
reasonable expenses of making the same.
Sec. 5. And be it further enacted., That all patents issuing
from the said office shall be issued in the name of the Confed
crate States, and under seal of said office, and be signed by the
Attorney General, and countersigned by the commissioner of said
office, and shall be recorded, together Avith the descriptions,
specifications and drawings, in the said office, in books* to be
kept for that purpose. Every patent shall contain a short
description or title of the invention or discovery, correctly indi-
cating its nature and design, and in its terms grant to the appli-
cant or applicants, his or their heirs, administrators, executors
or assigns, for a term of not exceeding fourteen years, the full
and exclusive right and hberty of making, using and vending to
others to be used, the said invention or discovery, referring to
the specifications for the particulars thereof, a copy of which
shall be annexed to the patent, specifying what the patentee
claims as his invention or discovery.
Sec. 6. And he it further enacted., That any person or per-
sons having discovered or invented any new and useful art'
machine, manufacture, or composition of matter, or any new
and useful improvement on any art, machine, manufacture, or
comjiosition of matter, not known or used by others before his
or their discovery or invention thereof, and not at the time of
his application for a patent in public use or for sale, with his con-
sent or allowance, as the inventor or discoverer, and shall desire
to obtain an exclusive property therein, may make application
in writing to the commissioner of patents, expressing such desire;
and the commissioner, on due proceedings had, may grant a
patent therefor. But before any inventor .shall receive a patent
for any such new invention or discovery, he shall deliver a writ-
ten description of his iuveutiou or discovery, and of the manner
66
and process of making, constructing, using and componnding
the same, in such full, clear, and exact terms, avoiding unneces-
sary prolixity, as to enable any person skilled in the art or sci-
ence to which it appertains, or with which it is most nearly con-
nected, to make, construct, compound and use the same ; and in
case of any machine, he shall fully explain the principle, and the
several modes in which he has contemplated the application of
that principle or character by which it may be distinguished
from other inventions ; and shall particularly specify and point
out the part, improvement, or com})ination which he claims as
his own invention or discovery. He shall, furthermore, accom-
pany the whole with a drawing or drawings, and written refer-
ences, where the nature of the case admits of drawings ; or
with specimens of ingredients, and of the composition of mat-
ter, sufficient in quantity for the i:)urpose of experiment, where
the invention or discovery is of a composition of matter; which
descriptions and drawings, signed by the inventor, and attested
'by two witnesses, shall be filed in the Patent office ; and he
shall moreover furnish a model of his invention, in all cases
which admit of a representation by model, of a convenient size
to exhibit advantageously its several parts. The applicant shall
make oath or affirmation that he does verily believe that he is
the original and first inventor or discoverer of the art, machine,
composition, or improvement, for which he solicits a patent ; and
that he does not know or beheve that the same was ever before
known or used ; and also of Avhat country he is a citizen ; which
oath or affirmation may be made before any person authorized
, by law to administer oaths.
Sec. 7. Aiid be it further enacted, That on the filing of
any such application, description and specification, and the pay-
ment of the duty hereinafter provided, the commissioner shall
make, or caused to be made, an examination of the alleged new
invention or discovery, and if, on any such examination, it shall
not appear to the commissioner that the same had been im^ented
or discovered by any other person in this country, prior to the
alleged invention or discovery thereof by the applicant, or that
it had been patented or described in any printed publication, in
this or in any foreign country, or had been in public use or on
sale, with the applicant's consent or allowance, prior to the
application, if the commissioner shall deem it to be sufficiently
useful and important, it shall be his duty to issue a patent there-
67
for. But whenever, on sucli examination, it shall appear to the
commissioner that the applicant was not the original and first
inventor or discoverer thereof, or that any part of that which is
claimed as new had before been invented or discovered, or pat-
ented or described in any printed publication in this or any for-
eign country as aforesaid, or that the description is defective
and insufficient, he shall notify the applicant thereof, giving hifii
briefly such iliformation and references as may be useful iu
judging of the propriety of renewing his Application, or of alter-
ing his specification to embrace only that part of the invention
or discovery which is new. But if the applicant in such case
shall persist in his claim for a patent, W'ith or without any alter-
ations of his specifications, lie shall be required to make oath or
afiirmation anew, in manner as aforesaid; and if the specifica-
tion and claim shall not have been so tnodified as in the opinion
of the commissioner shall entitle the applicant to a patent, h-e
may, on appeal, and upon request in writing, have the decision
of the Attorney General, who shall be furnished with a certifi-
cate in writing, wuth the opinion and decision of the conmiis-
sioner, stating the particular grounds of his objection, and the
part or parts of the invention which he considers as not entitled
to be patented, and the Attorney General shall give reasonable
notice to the applicant, as well as to the commissioner, of the
time and place of hearing such appeal, that they may have an
opportunity of furnishing him with such fiicts and evidence as
they may -deem necessary to a just decision ; and it shall be the
duty of the commissioner to furnish to the Attorney General
■such information as he may possess, relative to the matter under
consideration. And on an examination and consideration of the
matter by the Attorney General, it shall be in his power to re-
verse the decision of the commissioner, either in whole or in
part; and his opinion being certified to the commissioner, he
shall be governed thereby in the further proceedings to be had
<>n such application : Provided, however. That before an appeal
shall be had in any such case the applicant shall pay to the credit
of the treasury, as provided in the twenty-third section of this
act, the sum of twenty-five dollars.
Sec. 8. And be it farther enacted, That whenever an appli.
cation shall be niade for a patent, Avhich in the opinion of the
commissioner would interfere Avith any other jiatent for which
an application may be pending, or with any unexpired patent
which shall have been grantcel, it- shall he the duty of the com--
missionei" to give notice thereof to such applicants or patentees,
as the case may be ; and if either shall bo dissatisfied with the
decision of the commissioner on the question of priority of right
or invention, on a hearing thereof, he may appeal from such
decision, on the like terms and conditions as are provided in '
the preceding section of this act, and the like proceedings shall
be had to determine which or w'hether either of the applicants
is entitled to receive a patent as prayed for. But nothing in
this act contained shall be construed to deprive an original and
true inventor of the right to a patent for his invetjtion by reason'
of his having pr<}viously taken out letters patent therefor in a
foreign country, and the same having been published at any
time within six months next jDreceding the filing of his specifi-
cations and drawings. And whenever the applicant shall re-
quest it,- the patent shall take date from the time of filing of the
specifications and drawings; not, however, exceeding six months
prior to the actual issuing of the patent ; and on like request,'
and the payment of the duty herein required, by any applicant,
his specification and drawings shall be filed in the secret archives
of the office, imtil he' shall furnish the model and the patent be
issued, not exceeding the term of two years — the applicant
being entitled to notice of interfering application.
Sec. 9. And be it further enacted, That where any person
hath made or shall have made any new invention, discovery or
improvement, on account of which a patent might by virtue of
this act be granted, and sncli person shall die before any patent
shall be granted therefor, the right of applying for and obtain-
ing such patent shall devolve on the e:secutor or administrator
of such person, in trust for the heirs-at-law of the deceased, in
case he shall have died intestate, but if otherwise, then in trust
for his devisees, in as full and ample manner, and under the
: same conditions, limitations and restrictions as the same was
: held or might have been claimed or enjoyed by such person in
his or her life-time ; and when application for a patent shall be
I made by such legal rej^resentatives, the oath or afiirmation pro-
vided in the sixth section of this act shall be so varied as to be
applicable to them.
■Sec. 10. And he it further enacted, That every patent shall
.be assignable in law, either as to the whole interest or any un-
^ divided part thereof, by any instrument in writing; which
69
assignment, find also every grant and conveyance of the exclu-
sive right, under any patent, to make and use and to grant to
others to make and use the thing patented, within and tlirough-
out any sjjecitied part or portion of the Confederate States, shall
be recorded in the patent office within three months from the
execution thereof.
Se(^ 11. Ami he it further enacted^ That any person who
shall have invented any now art, machine, or improvement
thereof, and shall desire further time to mature the same, mav,
on paying to the credit of the treasury, in manner as provided in
the twenty-third section of this act, the sum of ten doll.irs, file
in the patent otHce a caveat setting forth the design and purpose
thereof, and its principal :ukI distinguishing characteristics, and
praying protection of liis right till he shall have matured his
invention. And such ca\-eat shall be filed in the confidential
archives of the office, and preserved in secresy. And if appli-
cation shall be made by any other person, within one year from
the time of tiling of such caveat, for a patent of any invention
with which it may ia any respect interfere, it shall be the duty
of the commissioner to deposit the description, specifications,
drawings and model in the confidential archives of the office,
and to give notice (by mail) to the person filing the caveat of
such application, trho shall, icifhi/t three months after receiving
the notice, if he would avail himself of the benefit of his caveat,
file his description, specifications, drawings and model; and it^
in the opinion of the commissioner, the specifications of claim
interfere with each other, like proceedings may be had in all
respects as are in this act provided in the case of interfering
applications : Provided, however^ That no opinion or decision
of the commissioner or examiners, under the provisions of this
act, shall preclude any persons interested in favor of or against
the validity of a«y patent which has been or may hereafter be
granted from the right to contest the same in any judicial court,
in any action in which its validity may come in question.
Sec. 12. Ajid be it further enacted^ That whenever any
patent which has heretofore been granted or which shall here-
after be granted shall be inoperative and invalid, by reason of a
defective or insufficient description or specification, or by reason
of the patentee claiming in his specifications as his own inv^^n*
tion more than he had or shall have a right to claim as now, if
the error has or shall have arisen by inadvertencv, aooldent or
mfstako, and without any fraudulent or deceptive intention, it
shall be lawful for the commissioner, upon the surrender to
him of such patent, and the payment of the ^further duties of
twenty dollars, to cause a new patent to be issued to its head
inventor, for the same invention, for the residue of the period
then unexpired for which the original patent was granted, in
accordance with the patentee's corrected description and speci-
fication. And in case of his death, or any assignment by him
made of the original patent, a similar right shall vest in his
executors, administrators or assigns. And the patent so re-
issued, together with the corrected descrijjtion and specifica-
tions, shall have the same effect and operation in law, on the
trial of all actions hereafter commenced for causes subsequently
accruing, as though the same had been originally filed in s^ich
corrected form before the issuing of the original patent. And
in all cases where any new improvement of the original inven-
tion or discovery may have been invented or discovered by the
original patentee subsequent to the date of his patent, for which
a patent is desired by him, an independent patent for such im-
provement or discovery may be applied for ; and no annexing
to such original patent of the description and specification on
such additional improvement or improvements shall be allowed.
Sec. 13. And be it further enacted, That the defendant in
any such action shall be permitted to plead the general issue,
and to give this act and any special matter in evidence of which
notice in writing may have been given to the plaintiff or his
attorney thirty days before trial, tending to prove that the
description and specification filed by the plaintiff does not con-
tain the whole truth relative to his invention or discovery, ov
that it contains more than is necessary to produce the described
etiect ; which concealment or addition shall fully appear to have
been made for the purpose of deceiving tlie public, or that the
})atentee was not the first and original inventor or discoverer of
the thing patented, or of a substantial and material part thereof
claimed as new, or that it has been described in some public
work anterior to the supposed discovery thereof by the patentee,
or had been in public use or on sale with the consent and allow-
ance of the patentee before his appHcation for a patent, or that
he had surreptitiously or unjustly obtained the patent for that
which was in fact invented or discovered by another, who was
using reasonable diligence in adapting and perfecting the same ;
71
or that tlie patentee, if an alien at tlie time the patent was
granted, had failed and neglected, for the space of eighteen
months from the date of the patent, to put and continue on sale
to the public, on reasonable terms, the invention or discovery
for which the patent was issued ; and whenever the defendant
relies in his defence on the fact of a previous invention, knowl-
edge or use of the thing patented, he shall state in his notice of
special matters the names and places of residence of those whom
he intends to prove to have possessed a prior knowledge of the
tiling, and Avhere the same had been used ; in either of which
cases judgment shall be rendered for the defendant Avith costs :
Provided, hoiocver, That whenever it shall satisfactorily appear
that the patentee, at the time of making his application for the
patent, believed himself to be the first inventor or discoverer of
the thing patented, the same shall not be held to be void on
account of the invention or discovery, or any jjart thereof hav-
ing been before known or used in any foreign country — it not
appearing that the same or any substantial part thereof had
before been patented or described in any printed publication •
Afid provided, also, That whenever the plaintiff shall fail to
sustain his action on the ground that in his specification or claim
is embraced more than that of which he was the first inventor,
if it shall appear that the defendant had used or violated any
part of the invention justly and truly specified and claimed as
new, it shall be in the power of the court to adjudge and award,
as to costs, as may appear to be just and equitable.
Sec. 14. And be it further enacted, That whenever tliere
shall be two interfering patents, or whenever a patent or appli-
cation shall have been refused on an adverse decision of the
Attorney General, on the ground that that patent ap[)lie(l for
would interfere with an unexpired patent previously granted,
any person interested in such patent either by assignment or
otherwise in the one case, and any such applicant in the other
case may have remedy in equity; and the court having cog-
nizance thereof, ou notice to adverse parties, and other due pro-
ceedings had, may adjudge and declare either the patents void
in the whole or in part, or inoperative and invalid in any par-
ticular part or portion of the Confederate States, according to
the interest Avhich the j^arties to such suit may possess in tJie
patent or the invention patented ; and may also adjudge that
such applicant is entitled, according to the principles and pro-
72
visions of tliis act, to liave and receive a patent for his inven-
tion, as specified in his claim, or for any part thereof, as the fact
of priority or right or invention shall, in any such case, be made
to appear. And such adjudication, if it be in favor of the right
of such applicant, shall authorize the commissioner to issue such
patent, on his filing a copy of the adjudication and otherwise
complying with the requisitions of this act : Provided, hoioever^
That no such judgment or adjudication shall aifect the rights of
any person except the parties to the action and those deriving
title from and under them subsequent to the rendition of such
judgment.
Sec. 15. And he it further enacted, That all actions, suits,
controversies and cases arising under any law of the Confederate
States, granting or confirming to inventors the exclusive right
to their inventions or discoveries, shall be originally cognizable,
as well in equity as at law, by the district courts of the Confed-
erate States, which courts shall have power in any such case to
grant injunctions according to the course and principles of
courts of equity, to prevent the violation of the rights of any
inventor as secured to him by any law of the Confederate States,
on such terms and conditions as said courts may deem reasona-
ble : Provided, hoinever. That from all judgments and decrees
•from any such court rendered in the premises, a writ of error or
appeal, as the case may require, shall lie to the Supreme Court
of the Confederate States, in the same manner and under the
same circumstances as is now provided by law in other judg-
ments and decrees of district covu'ts, and in all other case's m
which the court shall deem it reasonable to allow the same.
Sec. 16. And he it further enacted. That it shall be the duty
of the commissioner to cause to be classified and arranged, in
such rooms or galleries as may be provided for that purpose, in
suitable cases, when necessary for their preservation, and in
such manner as shall be conducive to a beneficial and favorable
display thereof, the models and specimens of compositions and
fabrics, and other manufactures and works of art, patented or
unpatented, which have been or shall hereafter be deposited in
said office. And said rooms or galleries shall be kept open
during suitable hours for public inspection.
Sec. 17. And he it further enacted. That whenever a patent
shall be returned for correction and re-issue, under this act, and
the patentee shall desire several patents to be issued for distinct
73
and separate parts of the thing patented, he shall first pay, in
manner and in addition to the sum provided by this act, the
sum of twenty dollars for each additional patent so to he issued ;
nor shall any new patent be issued for an improvement made in
any machine, manufacture or process, to the original inventor,
assignee or possessor of a patent therefor, nor any disclaimer be
admitted to record, until a duplicate model or drawing of the
same shall have been deposited in the patent office, if the com-
missioner shall require the same ; nor shall any patent he granted
for an invention, improvement or discovery, the model or draw-
ing of which shall have been lost, until another model or draw-
ing, if recpiired by the commissioner, shall in like manner be
deposned in the jsatent office. And in all such cases the ques-
tion oi compensation for such models and drawings shall be
subject to the judgment and decision of the commissioner,
uiHier the same limitations and restrictions as are herein pre-
scribed. ,
Sec 18. And he it further enacted, That any patent, here-
after to be issued, may be made and issued to the assignee or
assignees of the inventor or discoverer, the assignment thereof
being first entered of record, and the application therefor being
duly made, and the specification duly sworn to by the inventor.
And in all cases hereafter the applicant for a patent shall be
held to furnish duplicate drawings, whenever the case admits of
drawings, one of which to be deposited in the ofiice, and the
other to be annexed to the patent and considered a part of the
specification.
Sec." 19. And be it further enacted, That whenever any
patentee shall have, through inadvertence, accident or mistake,
made his specification of claim too broad, claiming more than
that of which he was the original or first inventor, some material
and substantial part of the thing })atentcd being truly and justly
his own, any such patentee, his administrators, executors and
assigns, Avhether of a whole or of a sectional interest therein,
may make disclaimer of such parts of the thing patented as the
disclaimant shall not claim to hold by virtue of the patent or
assignment, stating therein the extent of his interest in such
patent, which disclaimer shall be in writing, attested by one or
more witnesses, and recorded in the i)atent office, on payment
by the persom claiming, in manner as other patent duties are
required by law to bo paid, of the sum of ten dollars. And
74
such disclaimer shall thereafter be taken and considered as part
of the original specification, to the extent of the interest which
shall be possessed in thg patent or right secured thereby by the
disclaimant, and by those claiming by or under him, subsequent
to the record thereof. But no such disclaimer shall affect any
action pending at the time of its being filed, except so fiir as
may relate to the question of imreasonable neglect or delay in
filing the same.
Sec. 20. And be it further enacted^ That whenever applica-
tion shall be made to the commissioner for a patent for a newly
discovered improvement to be made to an 'existing patent, or
wherever a patent shall be returned for correction and re-issue>
the specification of claim annexed to every such patent shall be
subject to revision and restriction, in the same manner as are
original applications for patents ; the commissioner shall not add
any such improvement to the patent in the one case, nor grant
the re-issue in the other case, until the applicant shall have
entered a disclaimer or altered his specification of claim in
accordance with the decision of the commissioner ; and in all
such cases the applicant, if dissatisfied with such decision, shall
have the same remedy and be entitled to the benefit of the same
privileges and proceedings as are provided by law in the case of
original applications for patents.
Sec. 21. And be it further enacted, That whenever, by mis-
take, accident or inadvertence, and without any wilful default
or intent to defraud or mislead the public, any patentee shall
have in his specification, claimed to be the original and first
inventor or discoverer of any material or substantial part of the
thing patented, of which he Avas not the original and first
inventor, and shall have no legal or just right to claim the same,
in every such case the patent shall be deemed good and valid
for so much of the invention or discovery as shall be truly and
bona-fde his own : Provided, It shall be a material and sub-
stantial part of the thing patented, and be definitely distin-
guishable from the other parts so claimed, without right as
aforesaid. And every such patentee, his executors, administra-
tors and assigns, whether of a whole or of a sectional interest
therein, shall be entitled to maintain a suit at law or in equity
on such patent for any such infringement of such part of the
invention or discovery as shall be bonafdeh'is own as aforesaid,
notwithstanding the sj^ecification may embrace more than he
T5
sl.nll hnvc any legal right to claim. But in every such case in
wliich a judgment or verdict shall be rendered for tlic plaintiff,
he shall not bo entitled to recover costs against the defendant,,
nnless he shall have entered at the patent office, prior to the
commencement of the suit, a disclaimer of all that part of the
thing patented which was so claimed without right : Proridedy
hopyrer, That no person bringing any such suit shall be entitled
to the benefits of the provisions contained in this section, Avho
shall have unreasonably neglected or delayed to enter at the
patent office a disclaimer as aforesaid.
Skc. 22. And be it further enacted. That in all cases in which
an oath is required by this act, if the person of whom it is
required shall be conscientiously scrupulous of taking an oath,
affirmation may be substituted therefor.
Skc. 23. And be ft further enacted, That all moneys paid
into the treasury of the Confederate States for patents, and for
fees for copies furnished by the commissioner, shall be carried
to the credit of the patent fund created by this act; and the
money constituting said fund shall be and the same are hereby
appropriated for the payment of the salaries of the officers and
clerks provided by this act, and all other expenses of the patent
office, including all the exjjenditures provided for by this act ;
and also for such other ])tir2)oses as are or may be hereafter
specially provided for by law. And the commissioner is hereby
authorized to draw upon such fund, from time to time, for such
sums as shall be necessary to carry into effect the provisions of
this act, governed, however, by the several limitations herein
contained. And it shall be his duty to lay before Congress, iu
the month of January, annually, a list of all patents which shall
liave been granted during the preceding year, designating under
jiroper heads the subjects of such patents, and furnishing an
alphabetical list of the patentees, -with their places of residence ;
and shall also furnish a list of all patents Avhich shall have
become public property during the same period, together with
such other information of the skate of the patent office as may
be useful to Congress 0*1- to the i)ublic.
Sec. 24. And be it further enacted. That the commissioner
is authorized to employ temporary clerks to do any necessary
transcribing, whenever the current business of the office re-
quires it : Provided^ koinever. That instead of salary a compen-
76
sation shall be allowed, at a rate not greater than is chai-gcd for
copies now furnished by the office.
Sec, 25. And he it further enacted. That the comuiissioncr
is hereby authorized to publish a classical and alphabetical list
of all patents granted by the patent office previous to said pub-
lication, and retain one hundred copies for the patent office and
five hundred copies to be deposited in the library of Congress,
for such distribution as may hereafter be directed ; and that one
thousand dollars, if necessary, be appropriated out of the patent
fund, to defray the expenses of the same.
Sec. 26. And he it further enacted, That the sum of five
hundred dollars be appropriated from the patent fund, to be
expended under the direction of the commissioner, for the pur-
chase of necessary books for the library of the patent office.
Sec. 27. And he it further enacted. That all applications by
aliens to obtain patents for inventions which have already been
patented in foreign countries, shall be made within six months
from the date of such foreign letters patent. Nor shall letters
patent be granted to any alien whose government is at war with
the Confederate States.
Sec. 28. And he it further enacted, That every person or
corjioration who has, or shall have purchased or constructed any
newly invented machine, manufacture or composition of matter,
prior to the application by the inventor or discoverer for a pat-
ent, shall be held, to possess the right to use and vend to others
to be used, the specific machine, manufacture or composition of
matter so made or purchased, without liabihty therefor to the
inventor, or any other. jierson interested in such invention ; and
no patent shall be held to be invalid by reason of such purchase,
sale or use, prior to the application for a patent as aforesaid,
except on proof of abandonment of such invention to tlie public,
or that purchase, sale or prior use has been for more than two
years prior to such application for a patent.
Sec. 29, And he it further enacted. That the provisions of the
14th section of this act, shall ext(jnd to all cases where patents are
refused for any reason whatever, either by the commissioner of
patents or by the Attoi-ney General, upon appeals from the deci-
sion of said commissioner, as well as where the same shall have
been refused on account of, or by reason of, interference with a
previously existing patent ; and in all cases where there is no
opposing party a copy of the bill shall be served upon tlie com-
77
inissioner of patents, when the whole of the expenses of the
proceeding shall 1)0 paid by the applicant, whether the final
decision .sliall be in his favor or otherwise.
Sec. 30. Afid be it further enacted, That the treasurer of
the Confederate States be and he hereby is authorized to pay
back, out of the patent fund, any suni or sums of money to any
person who shall have paid the same into the treasury, or to
any receiver or depositary to the credit of the treasurer, as for
fees accruing at the patent office through mistake, and which are
not provided to be paid by existing laws, certificate thereof be-
ing made to the said treasurer by the commissioner of patents.
Sec. 31. And be it further enacfed, That the oath required
for applicants for patents may be taken, when the applicant is
not for the time being residing in the Confederate States, before
any minister plenipotentiary, charge d'aflfaires, consul, or com-
mercial agent holding commission under the government of the
Confederate States, or before any notary public of the foreign
country in which such applicant may be : Provided, Such for-
eign state shall have recognized the independence of the Con-
federate States, and shall be at the time in amity with them.
Sec. 32. A?id be it further enacted, That all patentees Avisb.
ing to make payments for patents to be issued, may pay all such
moneys to the treasurer of the Confederate States, or to the
treasurer of either of the mints w'ithin the Confederate States,
or to such other depositary as shall be designed by the Secre-
tary of thp Treasury or commissioner of }»atents, in other parts
of the Confederate States, to receive such- jiayments and give
receipts or certificates of deposit therefor.
Sec. 33. And be it further enacted. That from all judgments
and decrees of any district court rendered in any action, suit,
controversy or case at law or in equity, arising under any law
of the Confederate States granting or confirming to inventors
or discoverers a writ of error or a[»peal, as the case may require,
shall lie, at the instance of cither party, to the Supreme Court
of the Confederate States, in the same manner and under the
same circumstances as is now provided by law in other judg-
ments and decrees of such district courts, without regard to the
sum or value in controversy in the action.
Sec. 34. And be it further enacted, Thnt the commissioner
of patents may establish rules for taking affidavits and deposi-
tions required in cases pending in the patent office, and such
affidavits aud depositious may be taken before any justice of the
peace or other ofiicer authorized by Law to take depobit-ions to
be used. in the courts of the Confederate States, or in the state
courts of any state where such officer shall reside ; and in any
contested case pending in the patent office it shall be lawful for
any clerk of any court of the Confederate States for any district
or territory, and he is hereby required, upon the application of
any party to such contested case, or the agent or attoriiey of
such party, to issue subpoenas for any witnesses residing or
being within the said district or territory, commanding such
witnesses to appear and testify before any justice of the peace,
or other officer as aforesaid residing within the said district or
territory, at any time and place in the subpoena to be stated ;
and if any witness, after being duly served Avith such subpoena,
shall refuse or neglect to appear, or after appearing shall refuse
to testify, (not being privileged from giving testimony,) such
refusal or neglect being proved to the satisfaction of any judge
of the court Avhose clerk shall have issued such subpauia, said
judge may thereupon proceed to enforce obedience to the pro-
cess, or to punish the disobedience in like manner as any court
.of the Confederate States may do in case of disobedience to
process of subjxena dd testi/icandum issued by snch court ; and
witnesses in such cases shall be allowed the same corajjensation
as is allowed to witnesses attending the courts of the Confede-
rete States : Provided, That no Avitness shall be required to
attend at any place more than forty miles from the place where
the subp(pna shall be served upon him to give a deposition
under this law : Provided, also, That no witness shall be
deemed guilty of contempt for refusing to disclose any secret
invention made or owned by him: A?id provided, ficrther, That
no witness shall be deemed guilty, of contempt for disobeying
any subpoena directed to him by virtue of this act, unless his
fees for going to, returning from, and one day's attendance at
the place of examination shall be paid or tendered to him at the
time of the service of the subpoena.
Sec. 35. A?id be it further enacted, That no appeal shall be
allowed to the Attorney General from the decisions of the exam-
iners, except in interference cases, until after the, application
shall have been twice rejected ; and the second examination of
the application by the- primary examiner shall not be had until
the applicant, in view of the references given on the first rejec-
79
tion, shall have renewed llie oath of inventiou as provided for
in this act. , '
Sec. 36. And he it further enactad^ That the salary of the
commissioner of patents, from and after the passage of this act,
shall be three thousand dollars per annum; that of the chief
clerk eighteen hundred dollars per annum ; that of each exj^mi-
ncr of patents two thousand dollars per annum, and that of each
regularly employed record or olhor clerk, one thousand dollars
l>er annum.
Sec. 37. And he it further enacted^ That the commissioner
of patents is authorized to restore to the respective applicants, or
when not removed by them to otherwise dispose of, such of the
models belonging to rejected ajjjilicants as he shall not think
necessary to be preserved. The same authority is also given in
relation to all models accompanying applications of designs and
inventions, lie is further authorized to dispense Avith models
of designs, when the design can be sutliciently represented by a
drawing.
Sec. 38. And he it Jurther enacted, That the commissioner
may require all papers tiled in the patent office, if not correctly,
legibly and plainly written, to be jirinted at the cost of the par-
ties filing such papers ; and for gross misconduct he may refuse
to recognize any person as a patent agent, either generally or in
any particular case ; but the reasons of the commissioner for
such refusal shall be ^luly recorded, and subject to the approval
of the President of the Confederate States.
Sec. 39. And he it farther enacted. That no money paid as
a fee on any application for a patent after the passage of this
act shall be Avithdrawn or refunded, nor shall the fee paid on
filino: a caveat be considered as part of the sum required to be
paid on filing a subsequent application for a patent for the same
invention. That the three months' notice given to any caveator,
in pursuance of the requirements of the 11th section of this act,
shall be computed from the day on which such notice is depos-
ited in the post-office at the seat of Government of this Confed-
eracy, with the regular time for transmission of the same added
thereto, which time shall be endorsed on the notice.
Sec. 40. And he it further enacted, That the following shall
be the rates of fees in all cases, respectively:
On filing a caveat, ten dollars.
80
' On filing each original application for a patent, except for a
design, twenty dollars.
On issuing each original patent, twenty dollars.
On et^ery ajDijeal to the Attorney General, twenty-five dollars.
• On every application for the re-issue of a patent, thirty dol-
lars.
On filing each disclaimer, ten dollars.
For recording patents, as provided for in section 49, ten cents
for every hundred words.
For certified copies of patents and other papers, ten cents per
hundred words.
For recording every assignmBnt, agreement, power of attor-
ney, and other papers, of three hundred words or under, one
dollar.
For recording every assignment and other paper, over three
hundred words and under one thousand Avords, two dollars.
For recording every assignment and other writhig, if over one
thousand words, three dollars.
For copies of drawings, the reasonable cost of making the
same.
Sec. 41. And he it further enncted^ That any person or per-
sons who, by his, her or their own industry, genius, eiforts and
ejfpense, may have invented or produced any new and original
design for a manufacture, whether of metal or other material or
materials, an original design for a bust, statue or bass-relief, or
composition in basso or alto relievo, or any new or original im-
pression or ornament, or to be placed on any article of manu-
facture, the same being formed in marble or other material, or
any new and useful pattern, or print, or picture, to be either
worked into or worked on, or printed, or painted, or cast, or
otherwise fixed upon any article of manufacture, or any new and
original shape or configuration of any article of manufacture not
known or used by others before his, her or their iirveutiou or
production thereof, and prior to the time of his, her or their
application for a patent therefor, and who shall desire to obtain
an exclusive property or right therein, to make, use, sell and
vend the same, or copies of the same, to others, by them to be
made, used and sold, may make application in writing to the
commissioner of patents expressing such desire ; and the com-
missioner, on due proceedings had, may grant a patent therefor,
as in the case now of application for a patent, for the term of
81
three and one-linlf years, or for the term of seven' years," or for
the term of fourteen years, as tlie said appUcant may elect inliis
application : Provided^ That the fee to be paid in siu-h applica-
tion shall be for the term of throe years and six months, ten
dollars ; for seven years, fifteen dollars ; and for fourteen years,
tvrenty dollars.
, Sec. 42. A)id he it further enacted^ That all applications for
patents shall be completed and prepared for examination within
two years after the filing of the petition, and in default thereof
they shall be rcgaided as abandoned by the pai'lies thereto,
unless it be shown to the satisfaction of the commissioner of
patents that such delay Avas unavoidable ; and all applications
now pending shall be treated as if filed after the passage of this
act.
Skc. 4 3. And he it further enacttd^- That in all cases where
an article is made or vended by any person under the protec-
tion of letters patent, it shall be the duty of such person to give
sufficient notice to the public that said article is so patented,
either by fixing thereon the word patented, together with the
day and year the patent was granted, or when, from tlie char-
acter of the article patented, that may be impracticable, by en-
veloping one or more of the said articles and aftixing a label to
the package, or otherwise attaching thereto a label, on wliicli
the notice, with the date, is prhited \ on lailure of which, in any
suit for the infringement . of letters patent by the i>arty failing
so to mark the article the right to which is infringed upon, no
damage shall be recovered by the plaintitf; except on, proof that
the defendant was duly no,tified of , the infringement, and con.
tinned, after such notice, to nuike or vend the article patented.
Skc. 44. And he it furtlier enacted, That the commissioner
of patents be and he is hereby authorized to print, or in his dis-
cretion to cause to be printed, ten copies of the description and
claims of all patents which may hereafter be granted, and ten
copies of the drawings of the same, Avhen drawings shall accom-
pany the patent : Provided, The cost of printing the text of
said description and claims sliall not exceed, exclusive of sta-
tionery, the sum of two cents per hundred words for each of
said copies, and the cost of the drawing shall not exceed fifty
cents per copy ; one copy of the above number shall be printed
on parchment, to be affixed to the letters patent. The work
sliall be under the direction and sulyect to the approval of the
82
commissioner of patents, and the expense of the said copies
shall be paid for out of the patent fund. »
Sec. 45. And be it further enaated. That printed copies of
the letters patent of the Confederate States, with the seal of the
patent office affixed thereto, and certified and signed by the
commissioner of patents, shall be legal evidence of the contents
of said letters patent in all cases.
Sec. 46. And be it further enacted^ That no discrimination
shall be made between the inhabitants of the Confederate States
a,nd those of other countries which shall not discriminate against
the inhabitants of the Confederate States in regard to patent
office fees; and should any country discriminate against the
Confederate States, the same fees shall be charged against the
inhabitants of said comitry as are charged by it against the in-
habitants of the Confederate States.
'Sec. 47, And he it further enacted^ That at the expiration
of three years from the date of any patent hereafter to be
issued, there shall be paid to the commissioner, by the patentee
or assignee of such pateiit, a fee of ten dollars, and the same
amount at the expiration of seven years ; and if such fees are
not so paid, such patent shall be deemed abandoned, and shall
^e null and void.
Sec. 48. And be it further enacted^ That all moneys received
by 'the commissioner under this act shall be by him paid into
the treasury, and shall constitute a fund for the payment of the
salaries of officers and clerks herein provided for, and all other
expenses of the jjatent office, and to be called a patent fund.
Sec. 49. And he it further enacted^ That all patents hereto-
fore granted and issued by the United States to any person or
persons now a citizen or citizens of either of the states of this
Confederacy, or of the states of Tennessee, Arkansas and North
Carolina, or now held by assignment by any such citizen or
citizens, shall continue in force for the term for which they were
issued yet unexpired, and if assigned in' part only to any citizen
of this Confederacy, or of the states aforesaid, shall continue in
force for such part : Provided, Said assignment was bona fide
made prior to the fourth day of February, 1861 : Provided
further, Nothing contained in this act shall be construed to
recognize any renewal or extension of a patent by the United
States heretofore made : Provided further, That patents or the
deed of assignment therefor provided for in this section, shall
■•'88
be recorded in the patent office of the Confederate States, anS
there also shall be deposited in said office such models or
deScriiitive drawings as may be necessary to identify and explain
the subject matter of said patents ; and all persons claiming the
benefit of this section shall pay to the commissioner of j^atents
"the sum of twenty dollars for the use of the patent fund, unless
such patents are • so filed for record, with such drawings or
models as aforesaid, within nine months from the date of publi-
cation of this act, they shall considered as abandoned, and shall
be null and void. And it shall be the duty of the commissioner
to endorse on each patent so filed for record the date of such
filing, and also a certificate under the seal of his office that said
patent has been recorded, which certificate shall be evidence of
the fact in any court of justice, whether of the state or of the
Confederacy, and of the rights of the owner thereof to use said
patent ; and such patents shall, after they are recorded, be
returned to the owner thereof.
Skc. 50. And be it further eyiacted, That in case the origi-
nal inventor or discoverer of the art, machine or improvement
for Avhich a patent is solicited is a slave, the master of such^lave
may take an oath that the said slave was the original inventor;
and on complying with the requisites of the law, shall receive a
patent for said discovery or invention, and have all the rights
to which a patentee is entitled by law.
Sec. 51. That all patents issued by the government of the
United States, in favor of citizens or subjects of foreign coun-
tries, prior to the eighth day of February last, shall have the
same force and effect in these Confederate States as if issued
under the authority of these states : Provided^ That this sec-
tion shall not take effect in favor of any alien enemy, holder or
assignee of any such patent as aforesaid.
Sec. 52. And be it further enacted^ That this act shall take
• effect and be in force from and after its passage.
Approved May 21, 18G1.
•j
/
84
m. 166.], AN ACT
To establish the Judicial Courts of the Confederate States oi
America iu the State of Virginia.
Sectio:n' 1. The Congress of the Confederate States of
Arnerica do enact^ That the State of Virginia shall constitute
two' judicial districts, the territarial bovindaries of which sTiall
be the same as those existing by force of the laws of the United
States, when the said State of Virginia seceded fi-om the United
States, and shall be knowii and designated as the Eastern and
Western Judicial Districts of the Confederate States of America
in Viro'inia.
Sec. 2. JBe it further enacted^ That; a judge and marshal and
attorney shall be appointed by the President of the Confederate
States for each of said districts; and that the jurisdiction exer-
cised by the said district courts and the judges thereof shall be
the same in allrespects as that exercised by the other district
courts of the Confederate States and the judges of such courts,
respectively ; and that the said courts shall in all respects be
subject to the provisions of the act entitled "An act to establish
the judicial courts of the Confederate States of America."
Approted May 21, 1861.
Ko. l^Y.] AN ACT
'To prescribe the mode of publishing the Laws and Treaties of
the Confederate States.-
' •'^ECTtbif 1 . The Congress of the Confedeixite States of
xLnXerica do eyiact, That it shall be the duty of the Attoniey
Oettcral to select from the laws and resolutions passed at each
session, such as may be of a public nature and which in his
judgment require inimediate publication', and cause the same to
be inserted Aveekly, for one month, in one public gazette pub-
lished at the seat of government in ei^ch state, and also in two
gazettes published at the capital of the Confederate States.
Se€. 2. All treaties entered into by the Confederate States
shall be published in the same manner ; but the President may,
in his discretion, order the publication of particular treaties iu
other gazettes published at other places.
Sec. 3. The compensation for publication of the' laws in the
,85
gazettes shall not exceed one-dollar aiid a lialf per .page, esti-
mated according to Lil^tle & Brown's edition of tte laws of the
United States.
..Appkoved May 21, 18GL
No. 1G8.] AN ACT
To prescrihe the Salary of the Piivatc Secretary of the Presi-
dent of the Confederate States.
Secttox 1. T/ie Co}7(/ress of the Confederate . States do
etiact, That froni and after the ])assage of this act, the salary of
the private secretary of the President of the Confederate StatCNS
shall be at the rate of fifteen hundred dollars per annum.
Sec. 2. x\ll laws and parts of laws mitigating against this act,
be and the same are hereby repealed.
Approved May 21,1861.
No. 169.] AN ORDINANCE
Of the Convention of the Congress of the Confederate States.
He it ordained by the Congress of the Confederate States of
America^ That the second paragraph of the first section of 'the
third Article of the Constitution of the Confederate States of
America, be so amended in the first line of said paragraph, as
to read, " Each state shall, until otherwise enacted by law, con-
stitute a district ;" and in the sixth line, after the word "judge,"
add " or judges."
Appkovep May 21, 1861.
No. IVO.] AN ACT
To amend an act entitled "An Act recognizing the existence of
war between the United States and the Confederate States,
•and concerning Letters of Marque, Prizes and Prize Goods,
approved May ^th, one thousand eight hundred and sixty-one.
' ', . • ' •
• Sicc'rioN, 1. The Congress of the Confederate States do enact ^
That the tenth section of the above entitled act be so amended
86-
tliat, in addition to the bounty therein mentioned, the govern-
ment of the Confederate States will pay to the CTuiser or cruis-
ers of any private armed vessel commissioned under said act,
twenty per centum on the value of each and every vesselof war
belonging to the enemy, that may be sunk or destroyed by such
private armed vessel or vessels, the value of the armament to be
included in the estimate. The valuation to b'e made by a board
of naval officers appointed, 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 Avho may have invented or may
hereafter invent any new kind of armed vessel, or floating bat"
tery, or defence, shall deposit a plan of the same, accompanied
by suitable explanations or specifications, in the navy depart-
ment, together Avith 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 assignsto the sole and exclusive enjoyment of the rights and
privileges conferred by this act, reserving, however, to the gov-
ernment, in all cases, the right of using such invention.
Apekoved May 21, 1861.
No. 17.1.] AK ACT
To provide for the pay of additional officers, non-commissioned'
officers, musicians and privates of the Marine Corps, to con-
stitute a Regiment, and for the additional clothing and sub-
sistence of the non-commissioned officers, musicians and pri-
vates, for the year ending February the eighteenth, . eighteen
hundred and sixty-two.
The Congress of the Confederate States of America do enact^
That the sum of ninety-five thousand two hundred and forty
dollars be and the same is hereby appropriated out of any money
in the treasury not otherwise appropriated, for the pay of addi-
tional officers, musicians and privates of the marine corps, and
subsistence for. the same for and during the year ending Febru-
ary tiie eighteenth, eighteen hundred and sixty-two, said sum
to be appropriated as follows: One colonel, (for nine months,)
two thousand dollars ; lieutenant colonel, (for nine months,)
eighteen hundred dollars; quartermaster, (additional,) fivehun^
87
dred dollars; paymaster, (additional,) five hundred dollars;
adjutant, (additional,) five hundred dollars ; four captains, five
thousand two hundred dollars ; four first lieutenants, three thou-
sand six hundred dollars ; fourteen second lieutenants, ten thou-
sand and eighty dollars ; additional non-commissioned officers
and musicians, four thousand eight hundred dollars ; two hun-
dred and forty additional privates at eleven dollars per month,
twenty-three thousand seven hundred and sixty dollars; addi-
tional clothing for non-commissioned officers, musicians and
privates, fifteen thousand dollars; additional rations for non-
commissioned officers, musicians and privates, sixty-six thou-
sand rations at sixteen thousand five hundred dollars ; additional
expenses of recruiting, transportation of officers and men, five
thousand dollars ; pay of armories and purchase of small arms,
ordnance stores, accoutrements, flags, &c., four thousand dol-
lars ; contingencies, including freight, cartage, &c., two thou-
sand dollars.
Approved May 21, 1861.
No. 112.] AN ACT
To increase the Clerical Force of the Treasury Department, in
the Bureau of Second Auditor.
The Congress of the Confederate States of America do enact^
That the clerical force in the office of Second Auditor of the
Treasury Department shall consist as follows : One chief clerk,
at a salary of fourteen hundred dollars per annum ; five clerks at
salaries each of twelve hundred dollars per annum ; and five
clerks with salaries each of one thousand dollars per annum :
Provided, That the Secretary of the Treasury shall have the
same power to distribute said clerks among the other bureaus
of the Treasury Department, if in his judgment the public inter-
est requires, as is given to him by the act '-'To create the cleri-
cal force of the several executive departments of the Confede-
rate States of America," approved March seventh, eighteen hun-
dred and sixty-one.
Approved May 21,1861.
88
Xo. 1^3.] A •RESOLUTION
In regard to the Clerical Department of -Congress.
Jlesolved hy the Congress of the Confederate States of
Ai?ier,ic'a, That the Secretary of the Congress be authorized -to
employ such additional clerical force as may be necesaary to
dispatch the business of his office, during the remainder of the
session, at six dohars per day each. '
Appkoved May 21, 1861.
No. 1T4.] A RESOLUTION
To provide for the Removal of the Scat of Government.
' Resolved hy the Congress of the Confederate States of
America^ That this Congress will adjourn on "Tuesday next, to
meet again on the twentieth day of July, at Richmond, Vir^
ginia ; and that a committee of three members of this Congress
be appointed to make suitable arrangements for the accommo-
dation of Congress, and of the several executive departments.
Jiesolved, further^ That the President be and is hereby author-
ized to cause the several executive departments, with the archives
thereof, to be removed at such time between thfs and the
twentieth day of July next, as he may determine, to Richmond :
Provided, hoioever, That in case of any public emergency which
ifiay, in the judgment of the President, render it impolitic to
meet in Richmond, the President shall have power by procla-
mation to call the Congress together at some other convenient
place to be selected- by him.
Approved May 21, 1861.
No. iVo.] AN ACT
To authoi-ize ccrtahi Debtors to pay the amounts due by them
into the Treasury of the Confederate States.
SectiOi:^ 1. The Congress of the Confederate States of
Arh.erica do enact, That all persons in any manner indebted to
individuals or corporations in the United States of America,
(except the States of Delaware, Maryland, Kentucky and Mis-
souri, and, the District of Columbia,) be and are hereby prohib-
89
ited from paying the same to their respective ci'editors, or their
agents or assignees, pending the existing war waged by that
government against the Confederate States, or aiiy one of the
slaveholding states before named.
• Sec. 2. Any person indebted as aforesaid shall be and is
hereby authorized to pay the amovmt of his indebtedness into
the treasury of the Confederate States, in specie or treasury
notes, and shall receive from tlie treasurer a certificate, counter-
signed by the register, showing the amount paid and on Avhat
account, and the rate of interest which the same was bearing.
Skc. 3. Such certificate shall bear like interest with the
original contract, and shall be redeemable, at the close of the
Avar and the restoration of peace, in specie or its equivalent, on
presentation of the original certificate.
• Sec. 4. All laws and parts of laws militating against this act
be and the same are hereby repealed.
AprROVED May 21, 1861.
No. 176.] AN ACT
To transfer the Testimony taken by Commission, in certain suits
therein named, brought in the. Circuit and District Courts of
the Unitfed States of America to the State Courts of the Con-
federate States, and to authorize the same to.be read in said
State Courts.
Section' 1. The Congress of the Confederate ^tates of
America do enacts That in all cases where suits have been
instituted in the circuit or district courts of the United States
of America, whethc- at law or in equity, by a citizen or citizens
of one of the Confederate States of America, against a eitizen
or citizens of another of the said Confederate States, and said
suits or any of them shall be recommenced in the state courts of
any of the Confederate States, the evidence taken, in sUch
suits whilst pending in the circuit or district courts of the United
States, by commission, shall be read upon the trial of such suits
so recommenced in the state courts aforesaid, under such -rules
and regulations as obtain res}>ectively in the state courts of the
Confederate States ; except that no objection shall be good and
available to the execution and return of the commissions for
taking testimony which would not be good and available in the
90
circuit or district courts of the United States from which they
issued, and that all consents between parties or their attorneys
entered into touching the return and execution of the commis-
sions for taking testimony and as to the admissibility of e\'i-
dence, entered into in the said suits whilst pending in the said
courts of the United States, shall be valid, and obtain in the
said suits so recommenced in the state courts of the Confeder-
ate States.
Sec. 2. That upon the application of either party, his agent
or attorney, it shall be the duty of the clerk of the district
courts of the Confederate States to transmit under his hand
and seal, duly certified, all the testimony, taken by commission
in any case so brought as aforesaid in any of the circuit or dis-
trict courts of the United States, to the clerk of the state court
where the same may be recommenced, as well as all consents as
aforesaid touching the execution and return of commissions
and the admissibility of testimony. . That he shall receive for
such service the sura of one dollar, to be paid by the party
applying for the same, w^hich sum shall be taxed in the bill of
cost in the state courts, and abide the result of the suit as other
costs in like cases.
Sec. 3. Be it further enacted^ That the State of Arkansas
shall constitute two judicial districts, the limits and boundaries
of which and the officers thereof, shall be the same as existed by
force of the laws of the United States when the State of Arkan-
sas seceded from the United States, and such districts shall be
known and designated as the eastern and western judicial dis-
tricts of the Confederate States of America in Arkansas.
Sec. 4. Be it further enacted, That the judge, marshals
and attorneys for said districts shall be appointed by the Presi
dent, and that the jurisdiction exercised by said district courts
and the judges thereof shall be the same in all respects as that
exercised by the other district courts of the Confederate States
and judges thereof, and that the said courts shall in all respects
be subject to the provisions of the act entitled "an act to estab-
lish the judicial courts of the Confederate States of Ameiica."
Approved May 21, 1861.
91
No. 177.] AN ACT
To prohibit the Exportation of Cotton from the Confederate
States, except through the seaports of said States ; and to
punish persons offending therein.
Section 1. The Congress of the Confederate States of
America do enact, That from and after the first day of June
next, and during the existence of the blockade of any of the
ports of the Confederate States of America by the govern-
ment of the United States, it shall not be lawful for any
person to export any raw cotton or cotton yarn from the Cou-
fedei-ate States of America, except through the seaports of the
said Confederate States ; and it shall be the duty of all the mar-
shals and revenue ofticers of the siiid Confederate States to pre-
vent all violations of this act.
Sec. 2. If any person shall violate, or attempt to violate or
evade the provisions of the foregoing section, he shall forfeit all
the cotton or cotton yarn thus attempted to be illegally export-
ed, for the use of the Confederate States ; and in addition thereto
he shall be guilty of a misdem,eanor, and on conviction thereof
shall be fined in a sum not exceeding five thousand dollars, or
else imprisoned in some public jail or penitentiary for a period
not exceeding six months, at the discretion of the court, after
conviction upon trial by a court of competent jurisdiction.
Sec. 3. Any person informing as to a violation or attempt
to violate the provisions of this act, shall be entitled to one-half
the proceeds of the articles forfeited by reason of his informa-
tion. ^
Sec. 4. Any justice of the peace, on information under oath
from any person, of a violation or attempt to violate this act,
may issue his warrant and cause the cotton or cotton yarn speci-
fied in the aflidavit to be seized and retained until an investiga-
tion can be had before the courts of the Confederate States.
Sec. 5. Every steamboat or railroad car which shall be used
with the consent of the owner or person having the same in
charge, for the purpose of violating this act, shall be forfeited
in like manner to the use of the Confederate States. But noth-
ing in this act shall be so construed as to prohibit exportation,
of cotton to Mexico through its co-terminous frontier.
Approved May 21,, 1861.
%.
92
Xo. 178.] AX ACT
To provide for the Pay of the Officers who have resigned from
the United States Navy, and whom it is proposed to add to
the Confederate States Xavy.
Be it enacted hy the Congress of the Confederate States of
America, That the sum of three hundred and fifty-two thousand
six hundred dollars be and the same is hereby appropriated out
of any money in tlie treasury not otherwise appropriated, to be
expended in the pay of the officers Avho have resigned from the
United States Navy, and whom it is j^roposed to add to that of
the Confederate States, said sum to be appropriated as follows :
For the pay of twelve captains, on and ofi' duty, 140,000 ; twenty-
nin'e commanders, on and off duty, 171,000 ; eighty lieutenants,
8139,400 ; twenty-five surgeons, including passed assistant sur-
geons, 856,200; twelve assistant surgeons, $14,400 ; sixteen pay-
masters, |31,G00. To pay Captains Lawrence Rousseau, Josiaii
Tattnall, Victor M. Kandolpli,, and Duncan M. Ingraham, and
Commander Raphrecl Semmes certain travelling expenses, as
per resolution of March 15th, 1861, (|593,) five hundred and
ninety-three dollars.
Appkoved May 21, 1861.
No. 179.] AN ACT
To make Temporary Disposition of certain Railroad Iron.
WiaEREAS, In furtherance of a contract between Thomas C.
Bates, an alien enemy residing in the State of New ^fork, and
the Memphis, El Paso and Pacific Railroad. Com^^any, a large
quantity of railroad iron is on deposit at New Orleans- and on
the Mississippi and Red rivers, intended by said contract for
said road, and said alien being now incapable of carrying on his
contract,
Hie Congress of the Confederate States do enact, That said
Memphis, El Paso and Pacific Railroad Company be and is
hereby authorized to take possession of said iron, upon j)ayment
of duty and lawful charges, if any, and lay the same on theii*
road, u]>on giving bond to the Secretary of the Treasury to
respond for the payment of said iron, as Congress may hereafter
ii^
93
^I'Gct, the ultimate rights of all persons being hereby reserved'
Until such legislation.
Approved May 21, 18G1.
Kg. 1;80.] an act
To provide for the cession, on the part of the State of Arkansas
of tlie Arsenal at Little Rock, and of Fort Smith at the city
of Fort Smith, in the State of Arkansas, to the Confederate
States of America, and the acceptance of the same by the said
Confederate States.
WijEREAs, By ordinance of the Convention of the State of
Arkansas, passed the 11th day of May, 1861, herewith submit-
ted, authority was conferred upon the delegation of the State of
Arkansas to cede to the Confederate States the arsenal at Little
Rock, and Fort Smith at the city of Fort Smith, in the State of
Arkansas, and the grounds, buildings and appurtenances attach-
ed to each, in accordance with the terms of said ordinance,
Therefore
The . Congress of the Confederate States of America do enact,
That the cession as hereinbefore recited is hereby accepted, and
it is now made the duty of the Secretary of War to accept a
deed of cession of the said arsenal and other property to be
executed by the said delegation, and to take charge of and liold
tlie same in the name of the government of the Confederate
States of America.
Approved May 21, 18G1.
No. 181.] AN ACT
Relative to Prisoners of War.
Section 1. The Co7igress of the Confederate States of
America do enact, That all prisoners of war taken, whether on
land or at sea, during the pending hostilities Avith the United
States, shall be transferred by the captors, from time to time and
as often as convenient, to the Department of War ; and it shall
be the duty of the Secretary of War, with the approval of the
President, to issue such instructions to the Quartermaster Gen^
94
«ral 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 ia quantity and quality as
those furnished to enlisted naen in the army of the Confederacy.
Sec. 2. That the eighth section of the act entitled "An act
recognizing 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 author-
ize the holding as prisoners of war the officers or crew of any
unarmed vessel, nor any passenger on such vessels, unless such
passengers be persons employed 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 pris-
oners 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 making the capture.
Approved May 21, 1861.
No. 182.] AN ACT
For the publication of the Laws.
Section 1. The Congress of the Confederate States of
America do enact^ That five hundred copies of the acts of this
session of Congress be published in pamphlet form, to be dis-
tributed as follows : one copy to the executive of each of the
Confederate States ; one to each judge of the district courts of
the Confederate States ; one to the executive of the Confedera-
cy ; one to the head of each depai'tment and of each bureau ;
one to each member of Congress, and one to each clerk of the
district courts, and the remainder to be kept in the office of the
Department of Justice, for the further order of Congress.
Appeoved May 21, 1861.
95
No. 183.] A RESOLUTIOX
In reference to printing the Tariff Act, and other docnracnts
connected therewith,
JResolved, That five Innidred copies of the tariff act be print-
ed for the nse of Congress, and also five hundred copies of a
comparative statement of the rates of duty under the United
States tariff of 1857, the Confederate States tariff just establish-
ed, and the United States tariff' now of force, be printed under
the authority of the Secretary of the Treasury.
Approved May 21, 1861.
No. 184.] AN ACT
Making Appropriations for the support of the Navy, for the
year ending eighteenth of February, eighteen hundred and
sixty-two.
Section 1 . The Coyigress of the Confederate States do enact,
That the following sums be and the same are hereby appropri-
ated, for the objects hereinafter expressed, for the year endmg
the eighteenth of February, eighteen hundred and sixty-two :
Ifavy — For purchase of nautical instruments, books and
charts for Confederate States Navy, five thousand five hundred
dollars. For equipment and rei)air of vessels of Confederate
States Navy, one hundred thousand dollars. For laboratory for
safe-keeping ordnance stores, and labor in preparing them, thir-
ty-seven thousand dollars. For ordnance and ordnance stores,
eighty thousand dollars. For "contingent enumerated," for
the following purposes, viz: Freight and transportation; print,
ing and stationery; advertising; models and drawings; repair of
fire engines and hose repairs, and attending to steam engines in
yards; purchase and maintenance of horses and oxen and draw-
ing teams ; carts, lumber, wheels, and the purchase and repair
of workman's tools ; postage on public letters ; fuel, oil and
candles for navy yards and shore stations ; pay of watchmen,
and incidental labor not chargeable to other appropriations ;
■wharfage, dockage and rent ; travelling expenses of ofticers and
others, under orders; funeral expenses; store and office rent;
commissions and pay of navy agents and clerks; flags, awnings
and packing boxes ; books for libraries of vessels ; premiums
96
and other expenses of rccruitiug; apprehending deserters; per
diem pay of persons attending courts martial, courts of inquiry,
and other services authorized by law; pay of judge advocate;
pilotage and tonnage of vessels, and assistance to vessels in dis-
tress; and for bills of health and quarantine expenses; fifty
thousand dollars. For medical supplies and surgeons' neces-
saries for sick of navy, engineer and marine corps, six thousand
dollars.
ArrEOvED May 21, 1861.
No. 185.] AN ACT
Supplemental to an Act to establish the Judicial Courts of the
Confederate States of America.
SECTio:tf 1. The Congress of the Confederate States of
America do enact^ That in all suits and actions in any district
court of the Confederate States, in which tlie judge of swoh.
court may be interested, or may have been of counsel of either
party, or is connected with or related to either party, so as to
render it improper for him to sit on the trial of such suit or
action, it shall be his duty to cause the fact to be entered on the
records of the court; also an order that an authenticated copy
thereof, and a copy of all the proceedings, orders, pleadings
and papers in such suit or action, shall be forthwith certified to
the most convenient district court free from like objection;
which said district court, upon such record being filed with the
clerk thereof, shall take cognizance thereof, in the like manner
as if such suit or action had been originally commenced in said
court, and shall proceed to hear and determine the same accord-
ingly. And the jurisdiction of such district court shall extend
to all such cases so removed as were cognizable in the district
court from which the same were removed.
Sec. 2. When any appeal or writ of error was pending in
any of the late circuit courts of the United States, from any of
the late district courts of the United States, and the judge of
the present district court to which such appeal or writ of error
is transferred is the same person who rendered the decree of
judgment from which such appeal or writ of error was taken,
then such appeal or writ of error shall be transferred to the
97
Suprome Court of the Confederate States, upon the party giv-
ing bond and surety, as required by law in case of an appeal or
writ of error sued out to said Supreme Court. And an authen-
tic copy of the record, under the seal of the district court, shall
be sent along Avitli such bond to the said Supreme Court, wliich
court shall thereupon proceed to hear and determine the same,
as in other cases.
Sec. 3. When in any case heretofore decided in any of the
late district or circuit courts of the United States, either party
had the right to appeal or to prosecute a writ of error, so as to
suspend execution, but have been prevented from so doing
within the time fixed by law, l^y the closing of the courts on
the secession of the several states, in all such cases a further
period of six months from the time of holding the lirst term of
the district court of the Confederate States in such district shall
be allowed sut-h party, within which to take an appeal or sue
out a Avrit of error ; and such appeal or writ of error shall have
the same eftect as if sued out or taken within the time prescribed
by the former laws.
Sec. 4. The official bonds of all clerks and nuirshals of the
courts of the Confederate States shall be deposited in the
Department of Justice. In case of any suit thereon, in favor
or for the use either of the government or of an individual or
a corporation, such suit may be maintained on a copy of such
bond, authenticated by said dejiartment under its seal, in the
saure manner as upon the original. 15ut if the execution of such
bond shall be desired by any party thereto, by a i)lea oi' fiou est
fdctdut, su])i)orted by affidavit, then it shall be necessary to
jirodiice the t)riginal before the trial of such suit; and in such
case, the said department shall transmit the original bond, re-
taining a copy thereof, to the court in which such suit is pend-
ing; but the same shall be returned to the said department,
when the suit is ended.
Sec. 5. Where, in any case, there is no building provided
for holding a court of the Confederate States, it shall be the
duty of the Department of Justice to provide suitable accom-
modations for holding it, and to furnish the necessary books for
records and dockets for the proper conducting of the business
of the court, s»d>ject in all instances to the approv.al of the Pres.
ident.
Si:( . 0. The forty-eighth section of the act to which this is a
98
supplement shall be and the same is hereby amended, so as to
permit either party to file the transcripting tlie record and copy
of the bonds, as therein required, in the Supreme Court of the
Confederate States, without dismissing the appeal or writ of
error in the Supreme Court of the United States, where the said
court refuses to dismiss the same upon motion ; and that the
said section be also amended so as to allow the j^eriod of tAvelvc
months from the time of the organization of the Supreme Court
of the Confederate States for filing such transcript and bond,
instead of the time in said section prescribed.
Appeovkd May 21, 1861.
No. 18G.] AN ACT
Relative to the Library of Congress.
Tiie Congress of the Confederate States of America do enact,
That the books purchased by the committee appointed to revise
the laws of the United States be delivered to the Secretary of
Congress, and be retained by him for the use and benefit of the
members of Congress ; and the secretary sell the furniture and
other efiects belonging to the government, which shall be turned
over to^he committee on revision.
Approved May 21, 1861.
Xo. 187.] A RESOLUTION
Regulating the Payment of Unadjusted Accounts.
Jlesolmd hy the Congress of the Confederate States of
America^ That any account against the Congress left unadjust-
ed at this session by the committee on accounts, shall be paid
out of the contingent fimd, if found to be just, by the first Audi-
tor of the Treasury and the Secretary of Congress, and on their
joint certificates ; and, and the secretary be required to submit
a detailed statement thereof to the Congress, at its next session.
Approved May 21, 1861.
99
No. 183.] . AN ACT
For the Relief of District Attorneys of the Confederate States
in the liekl.
Skction 1. The Conf/ress of the (\>nfecUrate iStatcs of
America do enact^ That whenever a district attorney of the
Confederate States may enter the military service of the Con-
federate States, lie may, by the consent of the district judge,
entered of record, ap})oint an attorney pro tempore during his
absence.
At'provkd Mav 21, 1861.
No. 190.] AN ACT
Assigning the Judge, District Attorney and Marshal for the
District of Texas, to the Eastern District of said State.
Sectio>j 1. IVie Coiif/rt^s of tin Confederate States of
America do c/iact. That the district judge, heretofore denomi-
nated the District Judge for the District of Texas, be hereaiter
denominated the District Judge for the Eastern ])istrict of
Texas ; and that the district attorney lieretofore denominated
the District Attorney for the District of Texas, be hereafter
denominated the District Attorney for the Eastern District of
Texas ; and the marshal heretofore denominated the Marshal for
the District of Texas, be hereaft<'r denominated the IMarshal for
the Eastern District of Texas.
AiTitovKi) M.\\ 21, 1^61.
No. 1 91.] AN ACT
Making Appropriation to defray the Expenses of Removing the
Seat of Government to Richmond, Virginia.
Skction 1. The Couf/ress of the Confederate States of
America do enact ^ That the following appropriation is made,
out of any money iii the treasury not otherwise appropriated, for
the object hereafter expressed, ibr the year ending eighteenth
of February, eighteen hundred and sixty-two : For rent of
executive buildings and President's house, furniture, expenses
100
of packing books and records, railroad freight ou fui-niture,
books and records of the government, from Montgomery to
Kichmond, drayage and incidental and contingent expenses
attending the removal, forty thousand dollars.
Approvkd Mav 21, 1SG1.
No. 192.1 A KESOLUTIOX
To confer certain ]*o\vers on the Secretary of the Treasury.
llesolvt'd by tht Conynss of the (Joiifederdtc States of
Aniericd, That the Secretary of the Treasury take measures for
selling the unexpired lease of the President's house and of the
buildings used for the departments, or for being relieved from
any portion of the rent, as soon as the seat of govermnent shall
have been removed ; and lliat he cause all furniture no longer
wanted to be sold.
AepiiovED May 21, 18GI.
^' 5