«>ifE$£%tf y-i >::* H^ '*)->iti J^^>^. 'A. r^- ' "Si£^^' ^ «^^ •^/^A' VITi ■r^ #jr . ' iLJ^:% DUKE UNIVERSITY LIBRARY Treasure %oom .^ii BY AUTHORITY OF CONGRESS, THE STATUTES AT LARGE OF THE PROVISIONAL GOVERNMENT OF THE Confederate States of America, FROM THE INSTITUTION OF THE GOVERNMENT, FEBRUARY 8, 1861, TO ITS TERMINATION, FEBRUARY 18, 1862, INCLUSIVE. ARRANGED IN CHRONOLOGICAL ORDER. TOGETHER WITH THE CONSTITUTION FOR THE PROVISIONAL GOVERNMENT AND THE PERMANENT CONSTITUTION OF THE CONFEDERATE STATES, AND THE TREATIES CONCLUDED BY THE CONFEDERATE STATES WITH INDIAN TRIB^| / (p ^^ 2- EDITED BT JAMES M. MATTHEWS ATTORNEY AT LAW, AND LiW CLEBK HT THB DKPARTMBNT OF JD3TI0B. RICHMOND: R. M. SMITH, PRINTER TO CONGRES&. 1864 TABLE OF CONTENTS. * PAGE. I. List of acts and resolutions, proclamations and treaties, v II. Constitution for the Provisional Government of the Confederate Sta'es 1 III. Permanent Constitution of tlie Confederate States. 11 IV. Acts passed by the Provisional Congress 27 V. Proclamation of the President 219 VI. Indian Treaties 280 VII. Index 413 /6 2- a ^ LIST OF THE PUBLIC ACTS AND RESOLUTIONS « •OF THE PROVISIONAL CONGRESS, AND OF THE PROCLAMATIONS AND TREATIES CONTAINED IN THIS VOLUME. ^ct0 of ti)£ |3roDi9ional (Hongrcss of t!)c (!Ionfchrat£ States, STATUTE I.— 1861. PA6F. An Act to continue in force certain laws of the United States of America. February 0, 1S61, ob. 1.. 27 An Act to continue in office the ofiSeers connected with the coUcctiouof the customs in the Confederate States of America. February 14. 18t>l, ch. 2 •• 27 An Act to exempt from duty certain commodities therein named, and for other purposes. February 18, 1861, ch. ?, 28 An Act to provide munitions of war, and for other purposes. Febru.ary 2'), 1861, ch. 4 28 An Act to authori/o the President to appoint a Private Secretary. Feb. 20, 1861, ch. 5 29 An Act to determine the salaries of the Vice-President and of the heads of Departments. February 21, 1861, ch. 6, 29 An Act to organize the Department of State. February 21, 1861, ch. 7 ^^ An Act to establish the Treasury Department. February 21, 1861,ch. 8, S An Act Jo exempt from duty certain articles of merchandise therein named. March 15, 1861, ch. 53,. 68 An Act tj fix the duties on ivrticles therein named. March 15, 1861, ch. i4 69 Au Act making appropriaticns for tho support of the navy for the }"ear ending fourth February, eighteen hundreil and sixty-two. March 15, 1861, ch. 55, 69 An Act to authorize the transit of merchandise through tho Confederate Sta^s. March 15, ch. 56,.... 70 '.n Act to repeal the third section of " Au act to e.Kcmpt from duty oertaia commodities therein named, and for other purpo.^^es." March 15, 1861. ch. 57, 70 (1 Act, to provide for the organization of the navy. March 16, 1861, ch. 58, 70 An Act to provide for payment of light money in the Confederate States. March 16. 1861, ch. 59, 75 An Act authorizing President alone to make certain appointments. March 16, 1861, ch. 60, 75 An Act to establi.sh the judicial courts of the Confederate States of America. March 16, 1861, ch. 61,.. 75 An Act supplementary to au act entitled an act to organize Ihe navy. March lo, 186!, ch. 62, S7 An Act supplemental to an act to define and fix the pay of the officers ol the Congress. March 16, 1861, ch. 63, t 87 LIST OF THE PUBLIC ACTS OF CONGRESS. rii PAOE. An Act to appropriate money for certain civil purposes. March 16, 1861, ch. 64, 87 An Act making additional appropriations for the support of the army, for the year ending the first of March, eighteen hundred and sixty-two. March 16, 1861, ch. 65, 8S An Act making appropriations for the service of the Post-OflSce Department, for the fiscal year ending the first of March, eighteen hundred and sixty-two. March 16, 1861, ch. 66, 88 An Act to authorize the Secretary of the Treasury to appoint special agents in certain cases. March 16, 1861, ch. 67, 7. 88 An Act making appropriation for the service of the Bureau of Indian Affairs. March 16, 1861, ch. 68, 89 An Act to amend an act entitled "An act authorizing the President alone to make certain appoint- ments. March 16, 1861, ch. 69, 8'> RESOLUTIONS. No. i. A resolution to appoint Messrs Rcld and Shorter printers to the Congress. Feb. 5, 1861, 90. No. 2. A resolution accepting the appropriation of five hundred thousand dollars by the General As- sembly of the State of Alabama. February 8, 1861, 90 No. 3. A resolution for the preservation of the records of Congress. February 8, 1861, 90 No. 4. A resolution in regard to the State of North Carolina, and the commissioners from said State to this Congress. February 8, 1861, „ 90 No. 5. A resoullion in relatioi»to the occupation of the forts and aresenals, &c. February 12, 1361, 91 No. 6. A resolution authorizing the Secretary of the Congre.ss to arrange for publication "the provis- ional Constitution for the government of the Confederate States of America, with the auto- graph signatures of the members of Congress, Ac. February 14, 1861, 91 No. 7. A resolution to authorize the judiciary committee to have such matter printed as they may desire to lay before Congress. February 14. 1861, 91 No. 8. A resolution to continue in ofiice the oflicers of the customs. February 10, 1861.. 9i No- 9. A resolution giving certain powers to the ceramittee on naval aflFairs. February 14, 1861 92 No. 10. A resolution to provide for printing for the committees of the Congress. February 15, 1861,.. 9i! No. 11. A resolution for the appointment of commissioners to the government of the United States of America. February 15, 1861, „ 92 No. 12. A resolution for the enforcement of the revenue laws. February 16, 1861, 92 No. 13. A resolution to provide au executive mansion. February 25, 1861 ,«...., 9,^ No. 14. A resolution in regard to patents and caveats. March 4, 1861, 93 No. Id. A resolution in relation to international copy-rights. March 7, 1861, 93. No. 16. A resolution to continue the mints at New Orleans and Dahloncga. March 9, 1861 9,1 No. 17. Resolutions providing for a digest of laws. March 12, 1 SRI ..'. 94 No. IS. A resolution accepting certain funds tendered to the Confederate States by the State of Lou- - isiana. March 14, 1861, 91 No. 19. Resolutions in reference to forts, dock-yards, reservations and property ceded to the Confed- erate States. March 15,1861 94 No. 20. Resolutions in relation to the contingent fund of Congress. March 15, 1861, ."..'.*.... 95 No. 21. A resolution to provide for the auditing and payment of certain claims aeainst the Conjtress. March 16, 1861, „ ...,. f. 95 STATUTE 11.-^1861. An Act to'provido for the appointment of chaplains in the army. May 3, 1861, ch. 1 , <)9- An Act to provide for a regiment of Zouaves in the army of the Confederate States. May 4, 1861,ch.f 95* An Act to recognize the existence of war between the United States and the Confederate States; and concerning letters of marque, prizes and prize goods. May 6. 1861, eh. 3 100 An Act to admit the Commonwealth of Virginia as a member of the Confederate States of America. May 7, 1861, ch. 4 i,l| An Act to raise an additional military force to serve during the war. May 8, 1861, ch. 6 )' An Act to amend '■ An act vesting certain powers in the Postmaster General, ' approved March 15 1861. May 9, 1861, ch. 6 „:...,. ' 105 An Act to amend " An act to provide for the public defence," approved March 6, 1861. May 10, 1861, f'h- 7 505 An Act to make furlhtr provision for the public defence. May 11, 1861, eh. 8 106 An Act relative to the telegraph lines of the Confederate States. May 11, 1861, oh. 9 108 .Vn Act to amend an act entitled -An act to fix the pay of members of the Congress of the Confede- rate States of America," approved March U, 1861. May 11, 1861, ch. 10 107 An Act in relation to the Confederate loan. May 11, 1861, cii.11 i08 An Act to amend an act entitled "An act further to provide for the organization of the Post-Officc Department," approved March 9, 1861. JUarch H, 1861, eh. 12 103 An Act to amend "An act to prescribe the rates of postage in the Confederate States of America, and for other purposes," approved February 23, 1801. May 13, 1861, ch. 13 109 An Act to auapend the operations of the mints. May 14, 1861, oh. 14 no An Act to organize further the Bureau of Superintendent of Public Printing. May 14, isVl/oh. 16.'.! Ill viU LIST OF THE PUBLIC ACTS OF CONGRESS. PAOE. An Act to anthorizo the IranEfcrof appropriations. May 14, 1861, oh. 16 Ill An Act to define the liuiit« of the port of New Orleans, and for other purposes. May 14, 1861, oh. 17. Ill An Act regulating the sale of prizes, and the distribution thereof. May 14. ISeiy oh. 18 112 An Act to provide fur ihe auditing of accounts of the Post-Offico Department. May lt>, 1861, ch. 19.. 113 An Aci to increase the military establishment of the Confederate States, and to amend the "Act for the establishment and organization of the army of the Confederate States of America." May 16, 1861, ch. 20 114 An Act to provide a compensation for tbu disbursing officers of the several Executive Departments. May 16, IStil, ch. 21 116 An Act to amend an act entitled " An act to provide for the appointment of chaplains to the army," approved May third, eighteen hundred and sixty-one. May 16, 1861, ch. 22 116 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 sessidn, and to submit them to Congress at its next tession. May 16, 1861, ch. 23 116 An Act to authorize a loan and the issue of treasury notes, and to prescribe the punishment for forging the same, and for forging certificates of Slock and bonds. .May 16, 18t'il,ch. 24 117 An Act to admit the State of North Carolina into the Confederacy, on a certain condition. May 17, 1861, ch. 25 118 An Act to admit the Stale of Tennessee into the Confederacy, on a certain condition. May 17, 1861, ch. 20 119 An Act to establish a mail route from Vermillionvillc, in the State of Louisiana, to Orange, in the Bute of TeKiis, and for other purposes. May 17, 1861, ch. 27 '...•. 119 An Act to provide an additional company* of sappers and bombadiers for the army. May 17, 1861, ch. 28 119 An Act to authoii/.o t'.io extension of the mail service of the Confederate States in certain cases and upon certain conditions. Jfay 20, 1861, ch. J9 120 An Act to admit ihe Slate of AVkansas into the Confederacy. May 21, 1861. ch. HO 120 An Act amendatory of an act to provide for the organization of the navy. May 20, 1861, ch. 31 121 An Act to amend an act to provide for the organisation of the navy, approved March sixteenth, eighteen hundred and sixty-one. May 20, 1861, ch. 32... 121 An Act to establish a separate port of entry at Sabine Pass, in the county of Jefferson, in the State of Texas, and to jirovidc for the appointment of a collector therein. May 21, 1861, ch. 33 tl21 An Act to put in operation the government under the permanent Constitution of the Confederate States of America. May 21, 1861, ch. 34 122 An Act making appropriations in addition to Iboso already made for the military service of the Con- federate Stales of America, for the fifcal your ending the eighteenth day of February, one thou- sand eight hundred and sixty-two. May 21, 1861, ch. 35 123 An Act to amend an act relative to telegraphic lines of the Confederate States, approved May 11, one thousand eight hundred and sixty-one. May 21, 1861, ch. 36 124 An Act making appropriations for the legislative and executive expenses' of government for the year enditig eighteenth of February, eighteen hundred and sixty-two. May 21, ISCl, ch. 37 124 An Act to provide fo.r certain deficiencies in the appropriations for the Post-Office Department for the year ending February cigbtecnth, eighteen hundred and sixty-two. May 21, 1861, ch. 38 125 An Act concerning the transportation. of soldiers, and allowance for clothing of volunteers, andamend- atory of the act for the establishment and organization of the army of the Confederate States. May 21, 1861, ch. 39 126 An Act to be entitled an act to amend "'An act to raise an additional military force to servo during the war." May 21, 1861, ch. 40 ,% 126 An Act to authorize the President to confer temporary rank and command, for service with volunteer troops, on officers of the Confederate army. May 21, 1861. ch. 41 i 127 An Act to provide for the incidental expenses of the public service within the Indian tribes. May 21, 1861, ch. 42 127 'lU Act to divide the Slate vi Texas into two judicial districts, and provide for the appointment of judges and officers in the same. May 21, 18G1, ch. 43 127 An Act to provide revenue from commodities imported from foreign countries. May 21, 1861, ch. 44.. 127 An Act to define with more certainty the meaning of an act entitled " An act to fix the duties on arti- cles therein named," approved March the fifteenth, eighteen hundred aud sixty-one. May 21, * 1861, ch. 45 135 An Act to establish a Patent Office, and to provide for the granting and issue of patents for now and useful discoveries, inventions, improvements, and designs. May 21, 1861, ch. 46 136 An Act to establish the judicial courts of the Confederate States of America, in the State of Vir- ginia. May 21, 1861, ch. 47 149 An Act to prescribe the mode of publishing the laws aud treaties of the Confederate Stales. May 21, 1861, ch. 48 „ 7. .■;.„... 149 An Act to prescribe the salary of the private secretary of the President of the Confederate States. May 21, l&Cl,ch. 49^ 149 An Act to amend an act entitled "An act recognizing the existence of war between the United States and the Confoderatc States, and concerning letters of miirque, prizes and prize goods,*' approved May sixth, one thousand eight hundred and sixty-one. May 21, 1861, ch. 50 150 An Act to provide for the pay of additional officers, non-commissioned officers, musicians and privates of the marine corps, to constitute a regiment, and for the additional clothing and subsistence of the non-commissioned ofliccrs. musicians and privates, for the year ending February eigh- teoRth, eighteen hundred and sixty-two. May 21, 1861, ch. 51 150 Ad Act" to increase the clerical force of the Treasury Department, in the Bureau of Second Auditor. May 21, 1861, ch. 52 f. ' Ijl LIST OF THE PUBLIC ACTS OF CONGRESS. ix PAGE. An Act to authorize certain debtors to pay the amounts due by them into the Treasury of the Confede- rate States. May 21, 1861, ch. 53 , 151 An Act to transfer the testimony taken by commission in certain suits therein named, brought in the circuit and district courts of the United States of America to the State courts of the Confederate States, and to authorize the same to be read in said Stat* courts. May 21, 1S61, ch. 54 151 An Act to prohibit the exportation of cotton from the Confudernte States, except througli the seaports of said States; and to punish persons offending therein. May 21, 1861, ch. 55 ^ 152 An Act to provide for the pay of the officers who have resigned from tho Uniteii States navy, and whom it is j:ropose 171 An Act to amend " An act to provide revenue from commodities imported from It leign countries," approved May tweniy-one, one thousand eight hundred and sixty-one. Augi^ot 6, 1861, ch. 12,... 171 Aa Act to amend an act entitled '• An act mjiking appropriations for the support of thQ navy, lor the year ending fourth February, eighteen hundred and sixty-two. August 3, ISCl, ch. 13, 172 An Act to provide for the safe custody, printing, publication and distribution of the of the laws, and to ^jrovido for the appointment of an additional clerk in the Department of Justice. August 5, ISGl.ch. 14, 172 An .*.ot to authorize advances to be made in certain cases. August 5. 1861, ch. 15, 173 An .\ct to give aid t ) the people and State of Missouri. August 6, 1861, ch. 16, 173 An Act to provide for the construction of a newly invented implement of war. August 6, 1861, ch. 17, 274 Ac Act to authorize the President of the Confederate States to graut commissions to raise volunteer regiments and battalions, composed of persons who are, or hav, 1861, ch. 21 184 An Act to empower the President of the Confederate States to appoint additional commissioners to foreign nations. August 20, 1861, ch. 25, r. '35 An Act to authorize pavmi nt to be made for certain horses purchased for the army, by Colonel A. W. McDonald. August 21, 1S61, ch. 26, 1S5 An Act making appropriation for the services of physicians to be employed in conjunction with the medical staff of the army. August 21, 1861, ch. 27, IT- An Act 10 provide for local defence and special service. i\ugust21) 1861, ch, 28, l.:^6 An Act to authorize the employment of cooks and nurses, other than enlisted men, or volunteers, for the military service. August 21, ISGl, ch. 2fl, IS'"' An Act providing for the disposition of uuclaimcd goods deposited in warehouse, as prescribed by ex- isting laws. Angust2l, 1S61, ch. 30, , 1S7 An Act making appropriations for the public defence. August 21, 1861, ch. 31, 'l^t An -Act making appropri.ition fr military hospitals. August 21, 1801, ch. 32 187 Aa Act su)iplem(-ntal to "Au act to put in opeiation the government under the permanent Constitu- tion of the Confederate States of America." August 21, 1861, ch. 33, 187 An Act to incrcisc the corps of artillery, and for other purposes. August 21, 1861, ch. 34 Hi An Act making appropriation.s to carry into effect section two of au act approved May twenty-first, eighte:n hundred and sixty-one, entitled ''An act to define with more certainly the meaning of an act entitled 'An act to fix the duties on articles therein named,"' approved March fifteenth, eighteen hundred and sixty-one. August 22, 1861, ch. 35 ".; '. 189 Ar. Act to authorize the Postmaster General to contract for the carriage of the mails on the route hereafter mentioned. August 22, 1861, ch. 30 189 An Act to establish a uniform rule of naturalization for persons enlisted in the armies of the Confede- . rate fftates of Am-.rica. August 22, 186!, ch. 37 .159 An Act making appropr-atious for tho expenses of government in the Legislative, Executive and Judicial De|jartmonts, for the year ending eighteenth of February, eighteen hundred and sixty- two. August 2^1, 1861, ch. 38 „ 1;(0 -*. n Act making appropriations to carry into effect "An act to authorize the issue of treasury notes, and to provide a war tax for their redemption," and for other purposes. August 2-4, 18C1, ch. 30 101 An Act to authorize tho i.-sue of inscribed stock in tho stead of coupon bonds. August24, 1861, ch.40 I'.ii An Act to establish assay offices at CharbHte and Dahloncga. August 24, 1S61, ch. 41 192 An Act making additional appropriations for the navy of the Coufederate States, for the year ending February eighteenth, eighteen hundred and sixty-two. August 24, 1861, ch. 42 1£3 An Act to repenl the fr.urth section of "An act to regulate foreign coins iif the Confederate States," approved March sixteenth, eighteen hundred and sixty-one, and for other purposes. August 24, 1861, ch. 43 193 An Act amendatory of "An act to prescribe the rates of postage in the Confederate States of America," tipproved February twenty-third, fci(:hteen hundred and sixty-one. August 29, 1861, ch. 44.' 193 An Act making appropriations for tho service of the Post-Officc Department during tho year ending tho eighteenth of February, eighteen hundred and .sixty-one. August 29, 1861, ch. 45 194 An Act to amend an act entitled "An act to create the clerical force of tho several departments of the Confederate States of America, and for other purposes," approved March seventh, eighteen hun- dred and sixty. one. August 29, 1861, ch. 46 194 An Act to authorize the construction of certain gun-boats. August 29, 1861, ch. 47 195 Aa Act to fix the fees and costs iu admiralty cases. August 29, 1861, ch. 48 195 An Act to authorize the Secretary of the Navy to make certaiu contracts without advertising for pro- posals. August 29, 1861, ch. 49 195 An Act making appropriation for the purchase of a steamer and certain military supplies. August 29, 1861, ch. 60 ...,.,... /..... 190 LIST OF THE PUBLIC ACTS OF CONGRESS. xi An Act to amend the second section of "An act concerning the transportation of soldiers and alliw- ance for clothing of volunteers, and amendatory of the ' Act for the establishment and organiza- tion of the army of the Confederate States.'"' August 30, IStil, ch. 51 IPg An Act to authorize the establishment of recruiting stations for volunteers from the States of Ken- tucky, Missouri, Maryland and Delaware. August 30, ]8(i], ch. 62 '. 196. An Act to audit the accounts of the respective States against the Confederacy. Aug. 30, 1861, ch. 63 19? An Act to establish certain post routes therein named. August 30, ISGl, ch. 54 197 An Act authorizing the President to inflict retaliation upon the persons of prisoners. August 30 1861, ch. bi) ° jgg. An Act to provide for the defence of the Mississippi river. August 30, 186T. ch. 66 198. An Act t.i amend an act entitled "An act to establish a Patent Office, and to provide Inr the granting and issue of patents for new and useful discoveries, inventions, improvements and designs " ap proved May 21, 1861. August 30, 1861, ch. 67 f. An Act to provide a mode of authenticating claims for money against the Confederate States, not otherwise provided for. August 30, ]S(H, ch. 68 199 199' An Act to collect, for distribution, the moneys remaining in the several post-offices of the Confederate States at the time the postal service was taken in charge by said government. Aug. 30, 1S61, ch. 69 199- An Act to require the receipt of the postmasters of the Confederate Slates of treasury notes, in sums of five dollars and upwards, in payment of postage stamps or stamped envelopes. August 30 1861, ch. 60 ° [ 200 An Aet for the sequestration oF the estates, property and effects of alien enemies, and for the indemni- ty of citizecs of the Confederate States, and persons aiding the same in t>e existing war with the United States. August 30, 18(51, ch. 61 .'^ 201 Vn Act to perpetuate tes'imony in cases of slaves abducted or harbored by the enemy, and ofotiier projerty seized, w,asted or destroyed by them. August 30, 1561, ch. 62 207 An Act to provide for the transmission of money, bonds or treasury notes. August 30, 1861, ch. 63.1' 208 An Act to amend an act entidud "An act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque, prizes and priao goods," approved May si.\th, eighteen hundred and sixty-one ; and an act entitled " An act regulating the sale of prizes and. the distribution thereof," approved May Ei.\teeuth, eighteen hundred and sixty-ono August 30, I'd. ch. 64 ' 2O8 An Act vesting certain powers in the commissioners of the district courts of the Confederate States' August 31, 1SC1, ch. 65 .• 2OS An Act to authorize ihe appointment from civil life of persons to the staff of o-enerals August 31 1861. ch. 60 .^ 7. '. 20? An Act pvovidintr for the appointment of adjutants of regiments and legiouss, of tJie grade of subal- tern, in addition to the subalterns attached to companies. August 31, 1861. ch. 67 209 An Act providing for the reception and forwarding of articles sent to the asmy by private contribu- tion. August 31, 1861, ch. 68 20ft An Act to allow rations to ch.iplains in the army. August 31, 1861. ch. CD' 210 An Act to reimburse the State of Florida. August 31, 1861, ch. 70 ....*.'.'.".".'.".'.".'..'. 21C An Act making au additional appropriation for the payment of clerks and a messenger lor the "Post- Otlice-/)opartincnt, and to authoii/e the Postma.-ter General to appoint an additional messenger for the Post-OtHce Department. August 31. ISGl, ch. 71 An Act to establish the rates of postage on newspapers and periodicals, sent to dealers therein through the mail, or by express over post routes. August 31, ISIil, ch. 72 210 210 K*ESOLUTIONS. No. 1. A re.-olution to dispose of donations made by certain churches on the late fast da.y. July 50, I'^f'l ■. .' 212 No. 2. Kosolutions iu relation to the first regiment of North Carolina volunteers. July 30, ISfil 212 No. 3. ]lesolut;ons of thanks to Generals Joseph E. Johnston and Gustavo T. Beauregard, and the offi.'crs and troops-under their command at the bntlle of ]\Ianaisas. August 6, ]861 212 No. 4. Resolutions touching certain points of maritime law, and defining the position of the Confed- erate .States in respect thereto. August 13, 18(51 '. 213 A resolution' in relation to the equipments of volunteer cavalry companies. Aug. 21, 1&61,... 213 llesolution concerning P,rigadier General 13en McCuIIough. August 22, 1861 213 No. 7. A resolution ia relation to drilhnastcis appointed by States. August 31,18(11 214 No. 8. Kcs'.lutions to provide troop-s in the field with broad an'd fresh provisions. August 31, 1801.. 21't No. 9: Kesolution in regard to certain moneys of the Congress. August 31, ISC'l 2M No. 10. llesolutions in respect to the accounts of the Congresar August 31, 1861 .• 215^ No. 6. No. 6. STATUTE IV.— 186L An Act to authorize the President to continue the appointments made by him, in the militarv and naval service, during the recesses of Congress, or tke last or present session, and to s.ubmit them to Congress at its next session. Septembers, 1861, ch. 1... 217 xii LIST OF THE PUBLIC ACTS OF CONGRESS. TAGE. Ao Act fTippleniADULl to An Act to establish the rates of postage on newspapers and periodical;? Ecnt to dealers therein through the niiiils, or by express over post roads. September 3, 1861, ch. 2, 217 STATUTE v.— 1861-2. An Act U admit the Stafo of Missouri into the Confederacy as a member of the Confederate States of Amfrioa. N»vcuiber 28. 1861, cb. 1 221 An Act to enable ih-; Male of Mi:<«i>uri to elect members of the House of Hcprescntatives. November I'tf, 1801, ch. 2 221 An Act for the em|il(ijmcnt of liiundreiisos in military lio.«pitaIs. December 7, 1861, ch. 3, _^- An Act to aulliorizo tho tt)

>iiituicnt «< one or more officers to aid the Prcsi ient to sign commissions in the army. December 7, 1861, ch. 4 222 An Act fur the admis-iou of the State of Kentucky into the Coufcderate States of America, as a mem- ber thereof. December 10, iJtfil, i:h. :>, 222 \n Act to authorize the SccroUiry of War to apjioint an nst^istant. December 10, ISGl, ch. 6, 222 An Act to authorize the appointment of chief buglers and principal mut^icians to regiments in the provi8ion;il army. December 10. 1801, ch. V 222 An Acl K) authirize the enlistment of .addition.il seamen. December 10, 1861, ch. S 223 An Act privilinj; for the granting of boui ty und furlough"- to privates and non-commissioned officers in the provisional army. December 11, 1861, ch. 9, 223 An Act to divide the State of Tennessee into three judicial distr.cts. December 12. 1861, ch. 10, "524 \n Act to provide tor the payiueut of the curriers of the elc'toral votes of the respective States of the Confeder-icy. December 18, 1801, ch. 11, 224 Kn Act providing for the tran.sfcr of certain appropriations. December 18, 1861, ch. 12, 224 Vn Act to establish the dato from which the commissions of certain staff officers shall take effect. December IS. 1>-61, ch. 13, ^ 225 \n Act fui thor snppiemcninry to An Act to authorize the issue of treasury notes, and to provide a warttx for their redemption. December 19, 1861, ch. 14, 225 \n Aot furthe recruiting service of the provisional army of the Confederate States. Dec. 19, 1861, ch. 15 226 An \el to determine the number of members the. State of Kentucky shall bo entitled to have in the iiouhc of Ueprescntatives of the Con;rress of the Confederate States, and in relation to the elec- tion and returns thereof. December 21. 1861, ch 16, 226 Kn ,\ct ill relation to taxes on property which has been, or which is liable to be sequestrated as the preperty of alien enemies. Dccemlser 23, 1861, ch. 17 227 Aq Act to amend '* An act to require the receipt by the postmasters of tho Confederate States of treas- ury notes, in sums of five d jllar.s and upward.i, in payment of postage stamps and stamped en- velopes,'' aitproved August thirtieth, eighteen hundred and sixty-one. Dee. 23, lt=61, ch. 18,... 228 An Acl to authorize the Presitlent to confer temporary rank and command on the officers of the navy, doing duty with troops. December 24, 1861, ch. 1«, », 228 An Act to urnond an act entitled "An act to establish a uniform rule of niituraliziition for persons en- listed in the armies of tho Confederate States of America." December 24, 1S61. ch. 20, 223 An Act to provide for the appointment of chaplains in the navy. Dceetnbcr 24, 1861, ch. 21, 229 An Actt, 1S62, ch. 41, 241 An Act to authorize the Secretary of the Navy to give a bounty to all ptrsons enlisted as seamen, who enlist for throe years or the war. January 16, 1862, ch. 42, 0, 241 An Act supplementary to an act entitled " An act to authorize the appointment of additional oflBcers of the navy," approved Dec. twenty -fourth, eighteen hundred and sixty-one. Jan. 16, 1862, ch. 43, "42 A.n Act to organize the Territory of Arizona. .January 18, 1862, ch. 44, 24- An Act to provide for raising and organizing, in the State of Misosuri, a,dditiunal troops for the pro- visional army of the Confederate States, .lauuary 22, 1862, ch. 45, 247 An Act to amend an act entitled "An act to raise an additional military force to serve during the war," approved May eighth, eighteen hundred and sixty-one, and for other purposes. January 22, ' 1862, ch. 46, 248 An Act to authorize the appointment of oflicers of artillery in the provisional army and in the volun- teer corps. January 22, 1862. ch 47, 219 An Act to amend an act entitled "An act to collect, for distribution, the money remaining in the several post-oflices of the Confederate States, at the time the postal service Wiis taken in charge by said government," approved August thirtieth, ei.i:hteen hundred and sixty-one. Jan. 23, 1862, ch. 48, 249 An Act ti) amend an act entitled "An act to establish a patent office, and to provide for the granting and issue of patents for new and useful discoveries, inventions, improvements and designs," ap- proved on the twenty-lirstof May, one thousand eight hundred .and sixty-one. Jan. 23, 1862, ch. 49, 250 An Act to authorize the President to call upon the several States for troops to serve for three years or during the war. January 23, 1862, ch. 50 2fi2 An Act to increase the clerical force of the Po.st-Office Department. January 23, 1862, ch. 51 252 act to appropriate eight hundred and fifty thousand dollars to pay for ordnance, ordnance stores An And cquij-ments. January 27, 1862, ch. 62 252 An Act to establish an assay office at New Orleans. .January 27, 1862, ch. 63 253 An Act to authorize the change of the names of vessels in certain cases. January 27, 1862, ch. 5'! 253 An Act to provide for recruiting compKnies now in the service of the Confederate States for twelve months. J.anuary 27, 1862, ch. 55 254. An Act for the relief of the fc'tato of Missouri. January 27, 1862, ch. 56 254 An Act to amend an act supplemental to an act to establi.-h the judicial courts of the Confederate States of America, approved May twenty-first, eighteen hundred and sixtj--one. January 29, 1862, ch. 57 ." 255 An Act to amend an act entitled " An act to provide for the public defence," approved March sixth, eighteen hundred and sixty-one, January 29, 1862, ch. 58 255 An Act to aid the State of -Kentucky, and for other purposes. January 29, 1862, ch. 59.... 25fi An Act to transfer funds from the Quartermasters to the Ordnance Department. Jan. 30, 1862, ch. 60 256 An Act to explain an act entitled " An act to amend an act entitled 'An act to establish a Patent Of- fice, and to provide for the granting and issue of patents for new and useful discoveries, inven- tions, improvements and designs," approved May twenty-tir&t, eighteen hundred and sixty-one. February 3, 1862, ch. 61 , 256 An Act supplemental to an act entitled "An act providing for the granting of bounty and furloughs to privates and non-commissioned officers in the provisional army. February 3. 1862, ch. 62 256 An Act to authorize certain financial arrangements at the Treasury. February 3, 1862, ch. 63 257 An Act making appropriations for the payment of certain interest due, severally to the banks at Mem- phis, on advances made by them to Major General Loouidas Polk, for the benefit of the public service. February .3, 1862, ch. 64 257 An Act supplementary to an act entitled "An act to amend an act entitled 'An act to raise an addi- tional force to serve during the war, and for other purposes," approved May eighth, eighteen hun- dred and sixty-one. February 3, 1862, ch. 65 25S An Act to amend the act entitled ''An act to amend an act to provide far the organization of the navy, approved May sixteenth, eighteen hundred and sixty-one; and an act entitled "An act to authorize the President to confer temporary rank and command on officers of the navy doing duty with troops," approved December twenty-fourth, eighteen hundred and sixty-one. February 6, 1862, ch. 66 258 An Act to provide for connecting the Richmond and Danville and the North Carolina railroads, for military purposes. February 10, 186?, ch. 67 258 An Act to orranizp the clerical force of the Treasury Department. February 13, 1862, eh. 63 259 An Act to transfer the county of Attala, in the Stale of Mississipi)i, from the northern to the southern judicial district of the State of Mississippi. February 13, 1S82, ch. 69 260 An Act to pay interest due the Choctaw Nation uponstocksof the Stateof Virginia. Feb. 13, 1862, ch 70 260 An Act to alter and amend an act entitled "An act for the sequestration of estates, property and ef- fects of alien enemies, and for imlemnity of citizens of the Confederate States, and persons aiding the game in the existing war with the United States," approved August thirtieth, eighteen hundred and sixty-one. February 15, 1862, ch. 71 260 An Act to establish certain post routes therein named. February 15, 1862, ch. 72 266 An Act for the relief of the State of Missouri. February 15, 1862, eh. 73 ." 268 An Act supplemental to "An act to put in operation the government under the permanent Constitu- tion of the Confederate States of America," approved May 21, 1861, February 15, 1862, ch. 74... 268 xiT LIST OF THE PUBLIC ACTS OF CONGRESS. PA6K. An Act to make appropriations for the expenses of government in the Legislative, Executive and Ju- dicial Departments, from the eightee:ith of February to the first of April, eighteen hundred and gixly-tw«, and for othor purposes. February- 15, l'^62. ch. 75 268 An Act to uutliorize and provide for thv or;;a«i/ati62, ch. 85 277 .\n Act to amend " An act to provide for the safo custody, printing, publication and distribuion of the laws, and to provide for the appointment of an additional clerk in the Department of Justice," approved August fifth, eighteen hundred and sixty-one. February 17, 1862, ch. S6 277 An .\ct to make dif]>osition ol negro slaves captured from hoAile Indians. February 17, 18(12, ch. S7. 278 An Act to fix the date at wliich the bounty shall be paid to soldiers enlisting for the war. February ir, 18C2,ch.S8 2(8 . RESOLUTIONS. A resolution authorizing the transfer of funds to foreign parts. November 26, 1861, . ... 279 A resolution for the relief of the " Lumberton Guards," (company D,) second regiment North Carolina volunteers. December S, 1801 .■« 279 A resolution of thanks to Major General Sterling Price, and the officers and soldiers under his command, for gallant and meritorious conduct in the present war. December 3, 1861,. 279 Resolution of thanks to Major General Leonidas Polk, Brigadier General Gideon J. Pillow, Brigadier General Benjamin F. Cheatham, and the officers and soldiers under their com- mand, for gal'.ant and distinguished services in the present war. December 6, 1861, 280 A resolution to make an advance to the State of South Caiolina, on account of her claims against the Confederate States. December 14, 1801, 280 A resolution appointing John D. Morris, of Kentucky, a receiver under the act of sequestra- tion, approved August thirtieth, eighteen hundred and sixty-one. December 16, 1861, 280 A resolution of thanks to Brigadier General N. G. Evans, and the officers and soldiers under his command, for tljcir gallant conduct in the battle of Leesburg. December 18, 1861, 281 Resolution relating to Maryland. December 21, 1861, 281 Resolution of thanks to Colonel Edward Johnson, his officers and men, for services in the battle of Alleghany Mountain. January 10. 1862 282 A resolution in reference to the arms of the volunteers for twelve months. .January 22, 1862, 282 A resolution supplemental to the resolution entitled "A resolution appointing Jcdin D, Morris, of Kentucky, a receiver under the act of sequestration," approved August thirtieth, eigh- teen hundred and sixty-one, and which was approved by the President, on the sixteenth of December, eighteen hundred and si.\ty-one. i ebruary 3, 1862, 282 No. 12. A resolution in regard to the transfer of certain Indian trust funds to the Confederate States. February 6, 1862, .• .^283 \o. No. 1. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. No. 8. 9. No. No. 10, 11. PROCLAMATION.— APPENDIX. No. 1. Culling an extra session of Congress. September 2, 1861, 219 INDIAN TREATIES. Treaty between the Confederate States of America and the Creek nations of Indians. July 10, 1861,... 289 Treaty between Confederate States of America and the Choctaw and Chickasaw nations of Indians. July 12, 1801, 311 Treaty between the Confederate States of America and the Seminole nation of Red Men. Aug. 1, 1861, 332 Treaty between the Conledcrute States of Am'erioa and the Pen-e-tegh-ca band of the Ne-um or Co- manchos, and the tribes and bands of Wich-i-tas, Cado-Ha-da-chos, Ilue-cos, Ta-hua-ca-ros, A- n.a-dat;h-co8, Ton-ca-wes, Ai-o-nais, Ki-ehais, Shawnees .tnd Delawares. August 12, 1861, 347 Treaty between the Confederate States of America and the Ne-co-ni, Ta-ne-i-we, Cocho-tih-ca and Ya^pa-rih-ca bands of the Ne-um or Comanches of the Prairies and Staked Plain. Aug. 12, 1861, 354 LIST OF THE PUBLIC ACTS OF CONGRESS. XV T, , , , ,,. ^ , , lerica and the Great Osage tribe of Indians. Oct. 2. 1S61, cwi. Treaty between the Confederate States of America and the Seneca tribe of Indians, formerly known as the benecas of Sandusky, and the Shawnees of the tribe or confederacy of Senecas and Shawnecs tormerly known as the Senecas and Shawnees of Lcwistown, or the mixed bands of Scnecas and Shawnees, each tribe for itself. October 4,1861, 374 Treaty between the Confederate States of America and the Qua'pawVribeof *Indianr"Oct'4riS6i'."!".'' 3?6 i-reaty between the Confederate States of America and the Cherokee nation of Indians. Oct, 7, 18C1, 334 LIST OF THE PRIVATE ACTS AND RESOLUTIONS OF THE PROYISIONAL CONGRESS. ;3lct3 of tl)c Proulsloual (longrcso cf tl)e donftbtiate iStatfS. STATUTE I.— 1861. PHOB. An Act for the relief of William P. Barker. February 25, ISGl, ch. 1, 97 RESOLUTIONS. No. 1. A resolution for the relief of J. M. Walden, a citizen of Georgia. February 16, 1P61, 97 Vo. 2. A resolution to pay certain naval offlters their traveling expenses. March 15, 1861, 98 STATUTE II.— 1861.' Aa Act to make temporary disposition of certain railroad iron. May 21, 1S61, ch. I, 166 STATUTE v.— 1862. An Act to reward the loyalty of the principal chief of the Seminole nation. January 16, 1862, ch. 1, 284 Aa Act for the relief of Dillon-.Tordan and F. Glackmyer. January 23, 1862, ch. 2, 284 An Act for the relief of A. B. Noyes, collector of the port of fcjt. Marks, Florida. Jim. 2.S, 1862, ch. 3, 286 Aa Act to proTido for the compensation of G. H. Oury, delegate from Arizona, for his attendance at this session of Congress. February 11, 1862, ch. 4 285 An Act uj>propriating the pum of one ihousaud one hundred and ten twenty-two hundredths dollars for tlio reliff of the Moljilo and Grt'it Norlbern Kailroad Coui|)any, being the difference bet\roe# fifteen and twenty-four per cent, duly uu railroad iron paid at Pensacola, in May, eighteen hun- dred and sixty-one. February 15, 1^62, ch. 5, 285 An Act to compensate I)illon Jordan and F. Olackmyeir, for services rendered the government. February 15, 1862, ch. G, 286 RESOLUTIONS. Ho. 1. Resolution in relation to payment to disbursing clerk of appropriation for removal of the seat of government. February 15, 1862, '. 28d The Confederate States of America. At a Congress of the Sovereign and Independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, begun and holden at the Capitol in Mont- gomery, in the State of Alabama, on the fourth day of February, in the year of our Lord, one thousand eight hundred and sixty-one ; and thence continued, by divers adjournments, until the eighth day of February in the same year: CONSTITUTION FOR THE PROVISIONAL GOVERNMENT OF THE CONFEDERATE STATES OF AMERICA. We, the Deputies of the Sovereign and Independent States of South proi^^o'naV Go "erS' Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, in- ment, tstabUahed. voking the favor of Almighty God, do hereby, in behalf of these States, ordain and establish this Constitution for the Provisional Gov- ernment of the same: to continue one year from the inauguration ofji,""'^ '^'"^ '" '''"* the President, or until a permanent Constitution or Confederation be- tween the said States shall be put in operation, whichsoever shall first occur. ARTICLE I. All legislative powers herein delegated shall be vested m this Con- Leeisiative p«wero i!i J i-i iU • 1 • J Tested in Congress. gress now assembled until otherwise ordained. SECTION 2. When vacancies happen in the representation from any State, the vacancies in th« same shall be filled in such manner as the proper authorities of the fiu'^'if.^"' * '""' *"' State shall direct. SECTION 3. 1. The Congress shall be the judge of tlie elections, returns and Congress to be tjia qualification of its members; any number of Deputies from a majority ietimisan'd quan'flcv! of the States, bein? present, shall constitute a quorum to do business ; 'Jons or mcmhern , , ,, P " J. , ] . 1 1 L Qiioruni, how const!- but a smaller number may adjourn liom day to day, and may be au- tuted. whatnumber thorized to compel the attendance of absent members; upon all ques- '"Fach'state'entitie.i tions before the Congress, each Slate shall be entitled to one vote, and to one vote. Eow shall be represented by any one or more of its Deputies who may be ^'^'■«P'*'stnted. present. 2. The Congress may determine the rules of its proceedings, punish Rules of proceed its members for disorderly behavior, and with the concurrence of two- "^' thirds, expel a member. 3. The Congress shall keep a iournal of its proceedings, and from Journal of procr»-j 1- I .■ ui- I iU « J I • .1 • logs to be kept. time to time publisli the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members on Teas and n»y». any question, shall, at the desire of one-fiftli of those present, or at the instance of any one State, be entered on the journal. 2 PROVISIONAL CONSTITUTION SECTION 4. iDfmb^r8.*How°p"aid! "^^^ members of Congress shall receive a compensation for flieir ser- vices, to be ascertained by law, and p»id out of the treasury of the inwhat cases mem- Confederacy. They shall in all cases, except treason, felony and breach arrest. ol the peace, be pnviledgcd from arrest durmg their attendance at the session of the Congress, and in going to and returning from the same ; Not to be question- and for any speech or debate, they shall not be questioned in any other e« for any speech or i •' * •' debate. place. SECTION 5. Bills passed by Con- 1. Every bill which shall have passed the Congress, shall, before it ^"pre.s?dent^'^*^p'r'o- becomc a law, be presented to the President of the Confederacy; if Presid^^nTTisa''^- ^^' ^PP^ove, he shall sign it; but if not. he shall return it with his ob- proves. jections to the Congress, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such re-consider- ation, two-thirds of the Congress shall agree to pass the bill, it shall become a law. But in all such cases, the vote shall be determined by yeas and nays; and the names of the persons voting for and against When bill retained the bill shall be entered on the iouinal. If any bill shall not be re- oy President becomes . i \ ji r> • i i -^i • , i /o i . i\ /•. •. i, law. turned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like man- ner, as if he had signed it, unless the Congress by their adjournment, President may veto prevent its rctuin, in which case it shall not be a law. The President one, and appiovi' an- , ... • .• i . ether apiirnpiiaiioa maj vcto any appropriation or appropriations and approve any other ap- in same bill. propriation or appropriations in the same bill. etc^.'frb'eTesenTd 2. Every order, resolution or vote, intended to have the force and tothe President, if effect of a law, shall be presented to the President, and before the same how r'^e'^p^Isst^d by shall lake effect, shall be approved by him, or being disapproved by Congress. ^j^^ 5^3]] j^g pc-passed by two-thirds of the Congress, according to the rules and limitations prescribed in the case of a bill. aagurlV^d^'blnre^^^^ ^- ^'itil the inauguration of the President, all bills, orders, re.solu- of force, without hid tious and votes adopted by the Congress shall be of full force without approval. ILL- approval by him. SECTION 6. .«'lo^7 "^ '^°"^'"^^* 1- The Congress shall have power to lay and collect taxes, duties, fo lay taxes to carry . 1 • /• 1 ^ J 111 CO the Government, imposts and exciscs, for thc revenue necessary to pay the debts and ^ Duties to be uui- cany on the Government of the Confederacy; and all duties, imposts and excises shall be uniforin throughout the States of the Confederacy. To borrow money. o_ 7^ bonow money On the credit of the Confederacy : lowce'^*^^"'"'^ '^'""' ^' '^^ regulate commerce with foreign nations, and among the seve- ral States, and with the Indian tribes : To establish uni- 4. Xo establish a uniform rule of naturalization, and uniform laws on lorm rule of natural- ., i-.z-li . ■ .1 1 i.i i-iri •nation and law of til c suDjcct ot bankruptcies throughout the Coniederacy : ""^To clJinfiioney. To ^' "^^ ^°'" 'i^on^yi regulate the value thereof and of foreign coin, tix standard of and fix the standard of weights and measures: ffurw! * ''" ™'^^' C. To provide for the punishment of counterfeiting the securities «eU8 ^""'*^ *"'"°''"'" ^"'' curient coin of the Confederacy : To estabii h post 7. To establish post offices and post roads : " To promote 's^^ence ^- '^° promote the progress of science and useful arts, by securing, and useftu arts. for limited times to authors and inventors, the exclusive right to their respective writings and discoveries: rtc'r^rmunaiT*^ '"^'^ ^' '^'^ Constitute tribunals inferior to the supreme court: Todeflne and pun- 10. To define and punish piracies and felonies committed on the '" To'dec^anwar. ^igh seas, and offences against the law of nations: 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: O'F THE CONFEDERATE STATES. 6 12. To raise and support armies; but no appropriation of money to To raise armies. that use shall be for a longer term than two years: 13. To provide and maintain a navy : To provide a navy. 14. To make rules for the frovernment and regulation of the land Govemmentof di /- " army and navy, naval forces : 15. To provide for callino; forth the militia to execute the laws of the Miima. Confederacy, suppress insurrections, and repel invasions : 16. To provide for organizing, arming, and disciplining the militia, Organization, etc., and for governinc; such part of them as may be employed in the ser- °' ''"^ '^'''"*- vice of the Confederacy, reserving to the States respectively the ap- pointment of the officers, and the authority of training the miliiia ac- cording to the discipline prescribed by Congress : 17. To make all laws that shall be necessary and proper for carrying To make au laws into execution the foregoing powers and all other powers expressly llf^efft^/t tile powers delegated by this Constitution to this Provisional Government. expressly delegated •=■"■ J"- court called a District Court, which, until otherwise provided by the Congress, shall have the jurisdiction vested b}- the laws of the United States, as far as applicable, in both the District and Circuit Courts of the United States, for that State; the Judge whereof shall be appointed by the President, by and with the advice and consent of the Congress, , and shall, until otherwise provided by the Congress, exerci.=e the power and authority vested by the law^s of the United States in the Judges of the District and Circuit Courts of the United States, for that State, and shall appoint the times and places at which the courts shall be held. Appeals from Dia- Appeals ma)' be taken directly from the District Courts to the Supreme a^rerae Court.'" ""^ Court, Under similar regulations to those which are provided in cases of appeal to the Supreme Court of the United States, or under such When commissions regulations PS mav be provided bv the Congress. The commissions of of the judges expire. ,P^. . , , f, T -lU *i • d • • i r' t all the judges shall expire with this Provisional Government. itft'utcTof^°he'n^.' 3. The Supreme Court shall be constituted of allthe District Judges, triH judK,;s ; when a majority of whom shall be a quorum, and shall sit at such times and and wliere to sit. i .u ii u li ■ l places as the Congress shall appoint. ''iT" c""^ "'^ ''T^'^* '^' "^''^ Congress shall have power to make laws for the transfer of u.iitcd States, to tiie any causcs which were pending in the courts of the United States, to oourte of the Confed- ^j,g couits of the Confederacy, and for the execution of the orders, Decrees, etc., of dccrces and judgments heretofore rendered by the said courts of the ^ i^ot*e'c"tion of p a r- United Statcs ; and also all la-vs which may be requisite to protect the UMtoBuitg. parties to all such suits, orders, judgments, or decrees, their heirs, personal representatives, or assignees. SECTION 2. Txtent of judicial L The judicial power shall extend to all cases of law and equity, '*"'*'■ arising under this Constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made, under its authority ; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction ; to contro- versies to which the Confederacy shall be aparty ; controversies betweea. *Thl8 paragraph amended. Bee post, p. 9. OF THE CONFEDERATE STATES. 7 two or more States ; between citizens of different States ; between citi- zens of the same States claiming lands under grants of different States. 2. In all cases affecting ambassadors, other public ministers and 0'''gi''ai jurisdic consuls, and those in -which a Stnte shall be a party, the Supreme Couit coun" * "P^eme shall have original jurisdiction. In all the other cases before mentioned, Appellate jurisdic- the Supreme Court shall have appellate jurisdiction, both as to law and tion. fact, with such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes except in cases of impeachment, shall be Tnaibyjury. by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. SECTION 3. 1. Treason against this Confederacy shall consist only in levying What constitutes war against it, or in adhering to its enemies, giving them aid and com- be^proved!'^ **°^ ** fort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of trea- Punishment of tre* son ; but no attainder of treason shall work corruption of blood, or for- co^rnption of blood. feiture, except during the life of the person attainted. «'<=• ARTICLE IV. SECTION 1. 1. Full faith and credit shall be given in each State to the public The public acts.etc.. acts, records, and judicial proceedings of every other State. And the fuu faith "and credit. Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved and the effect of such proof. SECTION 2. 1. The citizens of each State shall be entitled to all privileges and citizens of the immunities of citizens in the several States. fJuaYprwuges.'^ '" 2. A person charged in any State with treason, felony, or other Fugitives from jos- crime, who shall flee from justice, and be found in another Stnte, shall, *'"^^- on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. A slave in one State, escaping to another, shall be delivered up Fugitive eiaves. on claim of the party to whom said slave may belong by the executive authority of the State in which such slave shall be found, and in case in case of abduc- of any abduction or forcible rescue, full compensation, including the slave,^fuu compensV value of the slave and all costs and expenses, shall be made to the tion to be made, party, by the State in which such abduction or rescue shall take place. SECTION 3. 1. The Confederacy shall guarantee to every State in this union, a„ Republican form of ,•' ° •' i/>i • government guaran- republican form ot government, iind shall protect each of them against teed to each state; invasion; and, on application of the legislature, or of the executive, fnvasi'o°'an^'"d(,^^ (when the legislature cannot be convened,) against domestic violence, tic violence. PROVISIONAL CONSTITUTION. ARTICLE V. Amendmeniato 1. The Congress, by a vote of two-thirds, may, at any time, alter or conBtituiion. amend this Constitution. ARTICLE VL The Constitution, 1. This Constitution, and the laws of the Confederacy which shall laws of the ConfeUe- . , . ,' ,. , ,i • i i • i i n i racy and treaties, the be made in pupsuancc thereof, and all treaties made, or which shall be •npreme law of the j^^^^^ yj^jgj. ^i,g authority of the Confederacy, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, an}' thing in the Constitution or laws of any State to the contrary not- withstanding. All matters between 2. The Government hereby instituted shall take immediate steps for the States forming , r ^\ i lo r ■ ■ ii- this Government, and the settlement of all matters between the States forming it, and their ratL^'of^Ihe'untfed o'^er late confederates of the United States in relation to the public Etates, tobesetued, property and public debt at the time of their withdrawal from them; these States hereby declaring it to be their wish and earnest desire to adjust everything pertaining to the common property, common liabili- ty and common obligations of that union, upon the principles of right, justice, equity, and good faith. Seat of Govern- 3. Until Otherwise provided by the Congress, the city of Montgom- ^ "■ ery in the State of Alabama, shall be the seat of Government. Oath of members of /^ -pj^g members of the Congress and all executive and judicial offi- Congress, and of ex- o ,« • ecutive and judicial ccrs of the Confederacy shall be bound by oath or affirmation to sup- " No"eiigious test poft this Constitution ; but no religious test shall be required as aqual- required as quaiifica- ificatiou to any office or public trust under this Confederacy. tM)n for oflice. j i j Done in the Congress, by the unanimous consent of all the said States, the Eighth day of February, in the year of our Lord, One Thousand, Eight Hundred and Sixty-One ; and of the Confederate States of America, the first. In witness whereof, we have hereunto subscribed our names. HOWELL COBB, President of the Congress. South Carolina. — R. Barnwell Rhett, R. W. Barnwell, James Ches- nut, Jr., C. G. Memmingcr, Wm. Porcher Miles, Lawrence M. Keitt, William W. Boyce, Tho! J. Withers. Georgia. — R. Toombs, Francis S. Bartow, Martin J. Crawford, E. A. Nisbet, Benjamin H. Kill, Auguj^tus R. Wright, Thos. R. R. Cobb, A. H. Kenan, Alexander H. Stephens. Florida. — Jackson Morton, Jas. B. Owens, J. Patton Anderson. Alabama.— K\c\\d.v(i W. Walker, Robt. H. Smith, Colin J. McRae, Jno. Gill Shorter, William Parish Chilton, Stephen F. Hale, David P. Lewis. Tho. Fearn, J. L. M. Curry. Mississippi. — W. P. Harris, Alex. M. Clayton, W. S. Wilson, James T. Harrison, Walker Brooke, William S.' Barry, J. A. P. Campbell. Louisiana. — John Perkins, Jr., Alex, de Clouet, C. M. Conrad, Duncan F. Kenner, Edward Sparrow, Henry Marshall. By a vote of the Congress, on the second day of March, in the year 1861, the Deputies from the State of Texas were authorized to sign the Provisional Constitution above written. Attest, J. J. HOOPER, Secretary. Texas. — Thomas M. Waul, Williamson S. Oldham, John Gregg, John H. Reagan, W. B. Ochiltree, John Hemphill, Louis T. Wigfall. AMENDMENT PROVISIONAL CONSTITUTION CONFEDERATE STATES. An Ordinance of the Convention of the Congress of the Confederate States. May 21, 1861. Be it ordained by the Congress of the Confederate States of Ame- rica, That the second paragraph of the first section of the third Article ^ trutTsr'i art o1 of the Constitution of the Confederate States of America, be so amend- Viovisionai Coustiiu- ed in the first line of said paragraph, as to read, "Each state shall, until otherwise enacted by law, constitute a district;" and in the sixth line, after the word "judge/' add "or judges." Approved May 21, 1861. CONSTITUTION" CONFEDERATE STATES OF AMERICA, ♦ We, the people of the Confederate Stales, each State acting in its thrcoSuUon was sovereign and independent character, in order to form a permanent oniuined and estub- federal government, establish justice, insure domestic tranquility, and '"'^ secure the blessings of liberty to ourselves and our posterity — invoking the favor and guidance of Almighty God — do ordain and establish this Constitution for the Confederate States of America. ARTICLE I. SECTION 1. All legislative powers herein delegated shall be vested in a Congress Lefjisiative power of the Confederate States, which shall consist of a Senate and House ^^^* "^ ongrcss. of Representatives. SECTION 2. 1. The House of Representatives shall be composed of members ^ """.'^^of Rcpre- chosen every second year by the people of the several States ; and the chosen; qualification electors in each State shall be citizens of the Confederate States, and '^^ e'e«'o'"8- Imve the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political. State or Federal. 2. No person shall be a Representative who shall not have attained Qualifications or the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the t; "g]^„^di'r'ec?trxe8 several States, which may be included within this Confederacy, accord- arc apportioned, ing to their respective numbers, which shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. The actual enumeration shall be made within three 3'e:irs after Census to be taken the first meeting of the Congress of the Confederate States, and within '^"^^ en years, every subsequent term of ten years, in such manner as they shall b}' law direct. The number of Representatives shall not exceed one for atioVilmited^.^'^^^*" every fifty thousand, but each State shall have at least one Represent- ative ; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six ; the State of Georgia ten ; the S-tate of Alubama nine; the State of Florida two; the State of Missis- sippi seven ; the State of Louisiana six; and the State of Texas six. 12 CONSTITUTION OF THE CONFEDERATE STATES. vacanciei in the 4 When vawcancics happen in the representation from any State, the flued. Executive authority thereof shall issue writs of election to fill such vacancies, nouse chooses iu 5. The House of Representatives shall choose their Speaker and er oHmp^lrhmcnt!.'' Other officers ; and shall have the sole power of impeachment ; except that any judicial or other Federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two- thirds of both branches of the Legislature thereof. SECTION 8. Senate; how com- J. x|^e Senate of the Confederate States shall be composed of two posed. i»euators ; 1 o i /• • how chosen. Senators from each State, chosen for six years by the Legislature thereof, at the regular session next immediatply preceding the com- mencement of the term of service ; and each tfenator shall have one vote. toTrle'cw'f ** '"■ -• Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three at^'vac*au:d°^^"' ^lasses. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expira- tion of the fourth year ; and of the third class at the expiration of the Executive of a sixth year ; so that one-third may be chosen every second year ; and State may fill vacan- ./. • 1 1 • ,- .1 ■ , • .1 r cy during recess of »i vacancies happen by resignation, or otherwise, during the recess of Legislature. tj^g Legislature of any Slate, the Executive thereof may make tem- porary appointments until the next meeting of the Legislature which shall then fill such vacancies. Qualifications of 3, No pcrson shall be a Senator who shall not have attained the age of thirty years, and be a citizen of the Confederate States; and who shall not, when elected, be an inhabitant of the State for which he shall be chosen. PrlsidenroT'senatJ^ ^' '^^^ ^^'^^ President of the Confederate States shall be President votes only on equal of the Senate, but shall have no vote unless they be equally divided, ^'senate chooses its ^' '^^^ Senate shall choose their other officers ; and also a President officers. When it may ^ro /ew/?ore in the absence of the Vice President, or when he shall tempore!^^' ^" ^^'^ exercisc the office of Pre.'-ident of the Confederate States. Senate has sole 6. The Senate shall have the sole ijower to try all impeachment^ power to try Impeach- ..j, . . „ , , , ,, , "' , n- ments. When Sitting for that purpose, they shall be on oath or affirmation. «id?8 whe'll'^i-re'sid'eu; ^^hen the President of the Confederate States is tried, the Chief Jus- 'siried. tice shall preside; and no person shall be convicted without the con- currence of two-thirds of the members present. on^inn)each^"e''n^t™*°' '^ ' Judgment in casos of impeachment shall not extend further than " to removal from office, and di.-tates shall be a member of either House during his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments Principal officers in a seat upon the tioor of either House, with the privileire of discussino- tJie Departments may ' 1 • • . 1 • 1 ' . , ' ° " sit in longres.i; and any measures appertaining to his departmont. discuss certain mea sures. SICTION 7. 1. All bills for raising revenue shall originate in the House of Biiis for raising Representatives; but the Senate may propose or concur with amend- llJg"^^U.'^^^^^ '** ments, as on other bills. 2. Every bill which shall have passed both Houses, shall, before it Power of the Presi becomes a law, be presented to the President of the Confederate States; llnaVinR'^ nuvs.Tn d if he approve, he shall sign it; but if not, he shall return it, with his P'cceedings therein objections, to that House in which it shall have originated, who shall enter the objecticns at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if ap- proved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in 14 CONSTITUTION OF THE CONFEDERATE STATES. like manner as if he had sijrned it, unless the Congress, by their ad- journment, prevent its return; in which case it shall not be a law. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated ; and the same proceedings shall then be had as in case of other bills disapproved by the President. F»me as to resoiu- 3. Every Order, resolution or vote, to which the concurrence of both lionF, etc. Houses may be necessary, (except on a (juestion of adjournment,) shall be presented to the President of the Confederate States ; and before the same shall take effect, shall be approved by him ; or being disapproved by him, shall be re-passed by two-thirds of both Houses, according to the rules and lim.itations prescribed in case of a bill. SECTION' S. The Congress shall have power — Power of Congress. J. To lay and collect taxes, duties, imposts, and excises, for revenue To lay taxes; but neccssary to pay the debts, provide for the common defence, and carry nor 'to^iay't^xrs'm- on the government of the Confederate States; but no bounties shall duties to foster any [jg orvanted from the treasury; nor shall any duties or taxes on iniporta- branch of industry. .. ° ^ r. ■ ,■ u l 'I t i f . u u < • tions from foreign nations be laid to promote or foster any branch of in- Puties to be uni- dustry ; and all duties, imposts, and excises shall be uniform through- '"''"• out the Confederate States: To borrow money. 2. To borrow mooe}' on the credit of the Confederate States: To regulate com- 3. fo rcgulatc Commerce with foreign nations, and among the sove- ^ro'priate"money° for ral Stites, and with the Indian tribes; but neither this, nor any other internal improve- dause Contained in the constitution, shall ever be construed to delegate raents, except forcer- . ' • , , • tain purposes. the powcr to Longress to appropriate money lor any internal improve- rr.ent intended to facilitate commerce ; except for the purpose of fur- nishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstruc- whentoiay duties (ions in river navigation, in all which cases, such duties shall be laid on on navigation. ^^^ navigation faciliiated thereby, as may be necessary to pay the costs and expenses thereof: To make iaw3 as to 4. To establish Uniform laws of naturalization, and uniform laws on b^r^kTuS"" ^'"^ the subject of bankruptcies, throughout the Confederate States; but no law of Congress shall discharge any debt contr.-icted before the pas- _ , sage of the same : To coin money, and "vm • iiji in c :t c c • • i fix the standard of 5. To coin moncj, regulate the value thereof and of foreign coin, and weights and mea- ^^ ^^^ standard of weights and measures: ^ To punish counter- 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States: To establish post- 7. To establish post-otlices and post-routes; but the expenses of the *°^*^*' Post-office Department, after the first day of March in the year of our Lord eighteen hundred acd sixty-three, shall be paid out of its own revenues: To promote science 8. To piomote the progress of sciencc and useful arts, by securing and useful arts. for limited tinies to authors and iuventors the csclusive right to their respective writings and discoveries : To constitute infe- 9. To Constitute tribunals inferior to the Supreme Court: "to punish piracies 10. To define and punish piracies and felonies committed on the high h°'|j /!"*'g"'"^' °" '''" ^^^^' ^^^ offences against the law of nations : To declare war, etc. 11. To declare War, grant letters of marque and reprisal, and make rules cor.cerning captures on land and water: To raise urmies. 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years: CONSTITUTION OF THE CONFEDERATE STATES. ib 13. To provide and maintain a navy: To provide a Navy. 14. To make rules for the government and reaulation of the land and , ^o make rules for o = Army and IS avy. naval forces : 15. To provide for calling forth the militia to execute the laws of the Toprovweforcaii- Confederate States, suppress insurrections, and repel invasions; mg out the muitia. 16. To provide for oreianizino:, arming, and disciplining the militia, To provide for or- j r ■ I i r iL I I J • ii ganizing militia, etc. and for governing such part oi them as may be employed in the ser- vice of the Confederate States; reserving to the Slates, respective!}', the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress : 17. To exercise exclusive legislation, in all cases whatsoever, over To exerci!!e exciu- ,,....,. J. ,^ ., V 1 • f sive legislation over such district (not exceeding ten miles square) as may, by cession or se«t of government one or more States and the acceptance of Congress, become the seat over the c. s., and ^' 1 -i-i certain other places. of the government ot the Confederate States: and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, maga- zines, arsenals, dockyards, and other needful buildings : and 18. To make all laws which shall be necessary and proper for carry- neclaar^'yand'pr'o'p'r ing into execution the foregoing powers, and all other powers vested to execute other pow- by this Constitution in the government of the Confederate States, or "^"^ in any department or officer thereof. SEOTION 9. 1. The importation of negroes of the African race, from any foreign importation of Afri- country other than the slaveholding States or Territories of the United ^^'^^ ""e'""^ f"'"'''''- States of America, is hereby forbidden ; and Congress is required to pass such laws as shall eflectually prevent the same. 2. Congress shall also have power to prohibit the introduction of introduction of slaves from any State not a member of, or Territory not belonging to, this Confederacy. 3. The privilege of the writ of habeas corpus ^hM not be suspended, ^^iT,'!!!"/, 'l"^"*" I _ o r 1 1. /■ corpus not to be sus- unless when m cases of rebellion or invasion the public safety may pended. require it. • 4. No bill of a-ttainder, expost faclo law, or law denying or impa[i]r- ,,j.^,'";%x[/a"o7aw8' ing the right of property in negro slaves shall be passed. or lawa impairing 5. No capitation or other direct tax .shall be laid, unless in propor- slaves." '"^"^"""'^ '" tion to the census or enumeration hereinbefore directed to be taken. 6. No tax or duty shall be laid on articles exported from any State, No tax on article* . , , r . ii • 1 r 1 ii TT exported from any except by a vote oi two-thirds of both Houses. state. 7. No preference shall be given by any regulation of commerce or "^^^ gPp^/"*"''|j^\" revenue to the ports of one State over those of another. over another. 8. No money shall be drawn from the trcasury, but in consequence . No money drawn _ . . -^ •' ' 1 from the treasury but ot appropriations made by law ; and a regular statement and account bylaw. Receipts and of the receipts and expenditures of all public money shall be published expenditure, publish - from time to time. 9. Congress shall appropriate no money from the treasury except Appropriations of u L e L ,1 • 1 /■ 1 .1 TT ,1 I 1 1 money fromtlietrca by a vote ot two-thirds of both Houses,. taken by yeas and nays, unless suryj when author it be asked and estimated for by some one of the heads of departments, '''■'^'^• and submitted to Congress by the President ; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the government, which it is hereby made the duty of Congress to establish! 10. All bills appropriating money shall specify in federal, currency BiUs appropriaiin? the exact amount of each appropriation and the purposes for which it ^Jy.'"'^'' ^''^'^^ ^^'" IB CONSTITUTION OF THE CONFEDERATE STATES. Concern to grant jg made ; and Consrress shall grant no extra compensation to any public no extra conipen«a- ~, ° ^ " , r i. ii.i'^i tjon to coniractors Contractor, onicer, agent or servant, alter such contract shall have been fcnd officers. nnade or such service rendered. Titles of nohiuty ^^- ^° *'^'^ °^ nobillty shall be granted by the Confederate States, not to be granted, and no person holding any office of profit or trust under them, shall, Officers of o.s. not without the conscnt of the Congress, accept of any present, emolu- fronffordgn'euur^" ment, office or title of any kind whatever, from any king, prince, or foreign state. Religious freedom. 12. Congrcss shall make no law respecting an establishment of Freedom of speech religion, or prohibiting the free exercise thereof; or abridging the knd of the press. freedom of speecli, or of the press ; or the right of the people peace- Right of petition, ably to assemble and petition the government for a redress of griev- ances, night to bear and 13. A well-regulated militia being necessary to the security of a keep arms. f^^^ statc, the right of the people to keep and bear arms shall not be infringed. Quartering of 14. No soldier shall, in time of peace, be quartered in any house, *°'**"'""' without the consent of the owner ; nor in time of war, but in a man- ner to be prescribed b}' law. Unreasonable 15. The right of the people to be secure in their persons, houses, prohibited."^ *'^'*'"^" P''*P^''^' ^"^ effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, sue buro"ouiii. ** '^ supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Trials for c.npitai 16. iVo person shall be held to answer for a capital or otherwise crimed *"^ '"'^"""^ infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the No one to be twice militia, when in actual service in time of war or public danger; nor put in jeopardy of life vjhall anv person be subject for the same offence to be twice put in or hinb for same of- . i' riT }• u i ii j • • • i i u fence. jeopardy of life or limb; nor be compelled, in any criminal case, to be Private property ^ witncss against himself; nor be deprived of life, liberty, or property not to be tak-n with- without due process of law : nor shall private propert\' be taken for out compensation. ,.. -jui-i ' ,• public use. Without just compensation. Trial by jury in 17. Jn all^:riminal prosecutions, the accused shall enjoy the right to eriminai cases. ^ speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which di.strict shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him : to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. Triiii by jury in 18. In suits at conimon law, where the value in controversy shall Bi>ii cases. excesd twenty dollars, the right of trial by jury shall be preserved ; and Excessive bail not "O ^^ct SO tried by a jury shall be otherwise re-examined in any court %o be required, nor of thc Confederacy, than according to the rules of common law. txcessive fines im- h n ii • i -i u ii i i • j a ■ 1 posed or puaiaiiraent 19. Jlixccssive bail shall uot be required, nor excdijnt. . , • 1 1 1 1 ■ i 1 ■ 1 t • • i 1 1 ■ ^ i pcnsation, which shall neither be increased nor diminished during the period for which he shall have been elected ; and he shall not receive within that period any other emolument from the Confederate States, or any of them. Oath to be taken by ]^o.' Before he enters on the execution of his office, he shall take the PrtEidcnt. f. 1, . , /T. • following oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof." ' SECTION 2. Powers and duties J. The President shall be commander-in-chief of the armv and navy • f liiC X rGsiuent " of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective amrpfrdonr"^"*^^^ offices ; and he shall have power to grant reprieves and pardons for offen- ces against the Confederate States, except in cases of impeachment. May make treaties 2. He shall have powor, by an fill all vacancies that mcy hap- Presuient to fiu va- pen during the recess of the Senate, by granting commissions which of "senate"""^ '^'^''*^* shall expire at the end of their next session ; but no person rejected by the Senate shall be re-appointed to the same office during their ensuing recess. SECXION 3. 1. The President shall, from time to time, give to the Congress in- President to give .ion the formation of the state of the Confederacy ,"and recommend to their crX'ltateT''"" consideration such measures as he shall judge necessary and expedient; Confederacy. he may, on extraordinary occasions, convene both Houses, or either May convene Con- of them ; and in case of disagreement between them, with respect to ry^^owision's.*""'"'' the time of adjournment, he may adjourn them to such time as he . '^^''"^!} '"^ "''"^y ^*^- 1 II lU- 1 U U )l • u J J ii LI- jourii Congress. shall think proper; he shall receive ambassadors and other public siiaii receive am- ministers; he shall take care that the laws be faithfully executed, and ursTand^ommTl'on shall commission all the officers of the Confederate States. officers. SECTION 4. 1. The President, Vice President, and all civil officers of the Con- Removals from of- federate States, shall be removed from office on impeachment, for and an^d^'^convictioiT^of conviction of, treason, bribery, or other high crimes and misdemeanors, crimes. « ARTICLE III. SECTION 1. 1. The judicial power of the Confederate States shall be vested in Judicial power one Supreme Court, and in such inferior courts as the Congress may, prlme*^ cour"^ etc! from time to time, ordain and establish. The judges, both of the ff^rm of onu-e and Supreme and inferior courts, shall hold their offices during good judges.*^ " '^ ' behavior, and shall, at stated tim.es, receive for their services a com- pensation which shall not be diminished during their continuance in office. SECTION 2. 1. The judicial power shall extend to all cases arising under this Fxtent of the judi- Constitution, the laws of the Confeder.ite States, and treaties made, or "^ ''"* which shall be made, under their authority; to all cases affecting am- bassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction ; to controversies to which the Confederate States shall be a party; to controversies between two or tnore States; between a State and citizens of another State, where the State is plain- tiff; between citizens claiming lands under grants of different States ; and between a State or the citizens thereof, and foreign states, citizens or subjects; but no State shall be sued by a citizen or subject of any foreign etate. 80 CONSTITUTION OF THE CONFEDERATE STATES. wben Supreme 2. In all cascs affecting ambassadors, other public ministers and con- S-cUon; "^'bell ^uls, and those in which a State shall be a party, the Supreme Court appellate. ' shall have original jurisdiction. In all the other cases before men- tioned, the Supreme Court shall liave appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make. All crime? to be 3. 'J he trial of all crimes, except in cases of impeachment, shall be "^wii*'r ^"sifcii 'rials ^3' J^O'' ^""^ such trial shall be held in the State where the said crimes tob'. shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. SBOTIOX 3. What constitutes 1. Treason against the Confederate States shall consist onl}'' in levy- bc^imTved"^ ^°^ *° Ing War against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Congress 1 p r e- 2. The Congress shall have power to declare the punishment of trtason.^Not'uTwor'k treason ; but no attainder of treason shall work coiruption of blood, or co^r>ui)tion of blood, forfeiture, except during the life of the person attainted. ARTICLE IV. SKCTION 1 . Credit to be given 1. Full faith and credit shall be given in each State to the public Acu?er-.!o/ano"her': ^cts, lecords, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. BECTION 2. Citijiens of each 1. The citizens of each State shall be entitled to all the privileges fegS''etc"''^in° o'ther and immunities of citizens in the several States ; and shall have the state's. ' 'right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired. Pugiiives from jus- 2. A person charged in any State with treason, felony, or other ""■ crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. Fugitive e;:.T'.?. 3. No .slave or other ])erson held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor: but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due. SECTION .3. NcTf Slates may 1. Other States may be admitted into this Confederacy by a vote of confedeiaoy' '^° '^ two-thiids of the whole Housc of Representatives and two-thirds of the Senate, the Senate voting by States ; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of CONSTITUTION OF THE CONFEDERATE STATES. 21 States, without the consent of the legislatures of the States concerned, as well as of the Congress. 2. The Congress shall have power to dispose of and make all need- Power of Congros-s ful rules and regulations concerning the property of the Confederate theConftdwateStVts States, including the lands thereof. 3. The Confederate States may acquire new territory ; and Con- New territory may gress shall have power to legislate and provide governments for the greTs^"to%'rescr'ibe inhabitants of all territory belonging to the Confederate States, lying pvernnient for its fc- o o ' •/ o itinabitunts. When without the limits of the several States; and may permit them, at they may form at. ues. such times, and in such manner as it may by law provide, to form •States to be admitted into the Confederacy. In all such territory, the institution of negro slavery, as it now exists in the Confederate States, Neprro slavery tn be shall be recognized and protected by Congress and by the territorial teou^Tl LrTuorlts" government: and the inhabitants of the several Confederate States and Territories shall have the right to take to such territory any slaves lawfully held by them in any of the States or Territories of the Con- federate States. 4. The Confederate States shall guarantee to every State that now Republican form of is, or hereafter may become, a member or tins Ooniederacy, a repub- teed to each state lican form of government ; and shall protect each of them against Protection of stntesi invasion ; and on application of the legislature, (or of the executive, aguinst invasion, etc. when the legislature is not in session,) against domestic violence. ARTICLE V. SEOTIOS 1. 1. Upon the demand of any three States, legally assembled in their Mode or araerfdia- ,' . I /~i I II • r II the CoDBtitution. •several conventions, the Congress shall summon a convention or all the States, to take into consideration such amendments to the Consti- tution as the said States shall concur in suggesting at the time when the said demand is made ; and should any of the pi-oposed amendments to the Constitution be agreed on by the said convention — voting by States — and the same be ratified by the legislatures of two-thirds of the several States, or by conventions in two-thirds thereof — as the one or the other mode of ratification may be proposed by the general con- vention — they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal repre- ^ sentation in the Senate. ARTICLE VI. 1. The Government established by this Constitution is the successor Character of the of the Provisional Government of the Confederate States of America, l^sheTbrtiiVcon'ltt and all the laws passed by the latter shall continue in force until the tution. " same shall be repealed or modified : and all the officers appointed bv Officers appointed xv \. 11 ■ • ai i-i ii • • i 1 "l by the Provisional the same shall remain in ottice until their successors are appointed and covemment remain qualified, or the offices abolished. inoffi^ie. 2. All debts contracted and engagements entered into before the Pebtn, etc., hereto- adoption of this Constitution shall be as valid s.gainst the Confederate lig'^i.^^^™'*^^ States under this Constitution, as under the Provisional Government. 3. This Constitution, and the laws of the Confederate Stales made ■wi.at is the su- in pursuance thereof, and all treaties made, or which shall be made, r"'""-' '*w of the under the authority of tho Confederate Stales, shall be the supreme law of the land : and the judges in every State shall be bound there- by, anything in the Constitution or laws of any State to the contrary notwitbstandin^r. 32 CONSTITUTION OF THE CONFEDERATE STATES. . Oath to support 4. The Senators and Representatives before mentioned, and the whom" o^beu! ken ^^ iTiembers of the several State legislatures, and all executive and judi- cial officers, both of the Confederate States and of the several States, shall be bound by oath or affirmation to support this Constitution; but N'o reiipious test no religious test shall ever be required as a qualification to any office shall be required. qj. public trust Under the Confederate States. Enumeration of 5. The enumeration, in the Constitution, of certain rights, shall not dw.y'other*'8^%taUied be construed to deny or disparage others retained by the people of the by people. several States. Reserved powers. g. Xlie powers not delegated to the Confederate States by the Con- stitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof. ARTICLE VII. Ratification of this 1. The ratification of the conventions of five States shall besufficient Constitution. ^^^ ^.j^^ establishment of this Constitution between the States so ratify- ing the same. Congress, under 2. When five States shall have ratified this Constitution, in the stuuUoMoTesfrihe manner before specified, the Congress under the Provisional Constitu- time for hoidinp (Jon shall prescribe the time for holding the election of President and and Vi'ce'' Presuient, Vice President; and for the meeting of the Electoral College; and for meeting of the eiec counting tlic votcs, and inaugurating the President. They shall, also, t ors 6 tc . S-iitl t ini eo do ^ •//* "' iiding first dec- prescribe the time for holding the first election of members of Congress tion of members of ^^^^j. jj^j^ Constitution, and the time for assembling the same. Until for holding first dec- prescribe the time tor riolding trie iirst election oi members or (congress tion of ij,— '— - -r - ... - ... . .... Congress. the assembling of such Congress, the Congress under the Provisional How long Congress Constitution shall continue to exercise the legislative powers gi-anted under the Provisional j^j^ j^ j^^^ extending bcyond the time limited by the Constitution of Constitution to excr- * . . , „ ° "^ •' cise power. the Provisional Government. Adopted unanimously by the Congress of the Confederate States of South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana and Texas, sitting in Convention at-the capitol, in the city of Montgomery, Alabama, on the Eleventh day of March, in the year Eighteen Hun- dred and Sixty-One. HOWELL COBB, President of the CoTigress. South Carolina. — R. Barnwell Rhett, C. G. Memminger, Wm. Porcher Miles, James Chesnut, Jr., R. W. Barnwell, William W. Boyce, Lawrence M. Keitt, T. J. Withers. Georgia. — Francis S. Bartow, Martin J. Crawford, Benjamin H. Hill, Thos. R. R. Cobb. Florida. — Jackson Morton, J. Fatten Anderson, Jas. B. Owens. .^/aiawa.— Richard W. Walker, Robt. H. Smith, Colin J. McRae, William P. Chilton, Stephen F. Hale, David P. Lewis, Tho. Fearn, Jno. Gill Shorter, J. L. M. Curry. Mississijpi. — Alex. M. Clayton, James T. Harrison, William S. Barry, W. S. Wilson, Walker Brooke, W. P. Harris, J. A. P. Campbell. Louisiana. — Alex, de Clouet, C. M. Conrad, Duncan F. Kenner, Henry Marshall. Texas. — John Hemphill, Thomas N, Waul, John H. Reagan, William- son S. Oldham, Louis T. Wigfall, John Gregg, William Beck Ochil- tree. CONSTITUTION OF THE CONFEDERATE STATES. 23 EXTRACT FROM THE JOURNAL OF THE CONGRESS. Congress, March 11, 1862. On the question of the adoption of the Constitution of the Con- federate States of America, the vote was taken by yeas and nays; and the Constitution was unanimously adopted, as follows: Those who voted in the affirmative being Messrs. Walker, Smith, Curry, Hale, jNIcRae, Shorter, and Fearn, of Alabama, (Messrs. Chilton and Lewis being absent); Messrs. Morton, Anderson, and Owens, of Florida; Messrs. Toombs, Howell Cobb, Bartow, Nisbet, Hill, Wright, Thomas R. R. Cobb, and Stephens, of Georgia, (Messrs. Crawford and Kenan being absent) ; Messrs. Perkins, de Clouet, Conrad, Kenner, Sparrow, and Marshall, of Louisiana; Messrs. Harris, Brooke, Wilson, Clayton, Barry, and Harrison, of Mississippi, (Mr. Campbell being absent); Messrs. Rhett, Barnwell, Keitt, Chcsnut, Memminger, Miles, Withers, and Boyce, of South Carolina ; Messrs. Reagan, Hemphill, Waul, Gregg, Oldham, and Ochiltree, of Texas, (Mr. Wigfall being absent). A true copy : J. J. HOOPER, Secretary of the Congress. Congress, March 11, 1861. I do hereby certify that the foregoing are, respectively, true and correct copies of " 'J he Constitution of the Confederate States of America," unanimously adopted this day, and of the yeas and nays on the question of the adoption thereof. HOWELL COBB, President of the Congress. THE LAWS OF THE CONFEDERATE STATES. PUBLIC ACTS OF THE PROVISIONAL CONGRESS CONFEDERATE STATES. Passed at the first sessio?i of the Provisional Congress, which icas begun and held at the City of Montgomery, on Monday, February 4, 1S61, and continued to March 16, 1861. Jefferson Davis, President. Alexander U. Stephens, Vice Presi- dent of the Confederate States. Hoavell Cobb, President of the Congress. STATUTE I. Chai'TER I. — An Acl to continue in force certain laws of the United States of America. February 9, 18G1. Be it enacted by the Confederate States of America in Congress Certain laws of the assembled, That all the laws of the United Slates of America in force tinuedin^orce. *^°" and in u.'-e in the Confederate States of America on the ^yA day of November last, and not inconsistent with the (Junstitution of the (Jon- federate States, be and the same are hereby continued in force until altered or repealed by the Congress. Adopted February 9, 1S61. Chap. It. — An Act to continue in office the Officers connected with the Collection of the Cus- Febniary 14, 1861. toms in the C onfederate States of Ainerica. ■ Be it enacted by the Confederate Stutes of America in Congress ^ ^"f ""./""sfgta'jjt assembled, That the several officers who, at the time of the adoption of treasurers, continued the Constitution of the Provisional Government of these states, held ""* "^®" and exercised any office connected with the collection of the customs, duties and imposts in the several slates of this Confedcracv, or as assis- See resolution of . . , . . 1 -,1 1 • .1 ■ ■ " i\ c Feb. 14, 1861. tant treasurers entrusted with keeping the moneys arising thorehom, are hereby appointed to the several offices which at the said date they respectively held ; and they shall have the same powers, be subject to Their salaries, fees, the same duties, and be entitled to the same salaries, fees and emolu- *^''^" inents as are set forth and provided in and by the laws of the United States of America, until the first day of April next: Provided, That the maximum of compensation which each collector shall receive from all sources shall nut exceed the rate of five thousand dollars per annum,. 28 PROVISIONAL CONGRESS, Sess. I. Ch. 3, 4. 1861. lo execute bond. Sec. 2. Each collector so appointed shall, within two weeks from the date of this act, execute to the Confederate States of America a bond in the same amount and subject to a like condition with his last bond to the United States of America, with sureties to be approved by a judge of any superior or circuit court of the state where such col- lector is located. And each of the other officers shall, within one week after the collector shall have entered upon the discharge of his duties, ■execute to the Confederate States of America a bond in the same amount and subject to the like condition with his last bond to the United States of America, (in case he was required to execute a bond.) with sureties to be approved by the collector of the port where such office is located. Anri take certain Sec. 3. The said several officers shall take an oath before a magis- ^^^^'' trate, well and faithfully to discharge the duties of his office, and to support the constitution of the Provisional Government of the Confed- erate States of America; which said oath shall be endorsed upon the --,. . , . u bond: and the bond shall be filed in the ofiice of the Secretary of the Where bond to be . i i i i !• , filed. Treasury, or in such other place as he may direct. Adopted February 14, 1S61. February 18, 18G1. Cuap. III. — An Act to exempt from duty rerinin commodities tkertin named, and for other 2)urposes. Articles exempt Be it cnacfed by the Confederate States of America in Congress »rom uty. assembled, That the following articles shall be exempt from duty and admitted free into said states, to wit: Bacon, pork, hams, lard, beef, (i^h of all kinds, wheat and flour of wheat and flour of all other grains, Indian corn and meal, barley and barley flour, rye and rye flour, oats and oat meal, gunpowder and all the materials of which it is made, lead in all forms, arms of every description, arid munitions of war and mili- tary accoutrements, percussion caps, living animals of all kinds; also all agricultural products in their natural state. Goods imported Sec. 2. jJnd be it further enacted, That all goods, wares and mer- ^rom anyone of the chandise imported from any one of the late United States of America, late U. 8. not a mem- . ' r i ■ rt r i ■ ii-nr-i ber of the 0. s. ex- not being now a member or this Confederacy, into this Contederacy, empt from duty. ^^^^^.^ ^^^ ^^^^.^j^ ^^^ ^j- ^^^^,.^j^ ^^^^^ ^j^j^^ ^^^ ^^^^ ,,gp,^ ^^^^ j^^^^ purchased heretofore, or within ten days after the passage of this act, shall be exempt and hee from duty. State of Texas ex- Sec. 3. And be it further enacted, That the State of Texas be and t:™nof the^uriff?"''' '^ hereby exempted from the operation of the tariff" laws heretofore passed and adopted by this Congress. Adopted February 18, 1861. February 20 1861 Cuap. IV. — An Act to provide Munitions of War, and for other purposes. Contracts for the Sec. 1. Be it enactcd t)y the Confederate States of America in Ce and\item"on'of Congress assembled, That the President, or the Secretary of War, under Arms, authorized. his direction, is hereby authorized and empowered to make contracts for the purchase and manufacture of heavy ordnance and small arms ; and of machinery for the manufacture or alteration of small arms and Agents and artisans munitions of War, and to employ the necessary agents and artisans for ■it^be employed, these purposes ; and to make contracts for the establishment of powder mills and the manufacture of powder ; and the President is authorized PROVISIONAL CONGRESS. Sess. I. Ch. 5,6,7. 1861. 29' to make contracts provided for in tli'rs act, in such manner and on such terms as in his judgment the public exigencies may require. Approved February 20, 1861. Chap. X.—An Act to authorize the President to appoint a Private Secretary. February 20, 1S61. Be if ejiacted by the Confederate States of America m Con- President autho- gress assembled, and it is hereby enacted by the authority of the vatc secretary. ^^"" same, That the President of the Confederate Slates of America be and he is hereby authorized to appoint a private secretary, through whom he may communicate with Congress, and who shall discharge such duties as may be assigned him by the President, and shall receive His compenfation • . ■ Sec Acts Wtircn T such compensation for his services as shall be fixed by law. isgi, and May i\, Approved February 20, 1861. J861 Chap. VI. — An Act to determine the Salaries of the Vice President aiid of the Heads of De- partments. February 21,1861. The Congress of the Confederate States of America do enact, That salaries of the vice the annual compensation of the Vice President, and of the Secretaries Trtue DepaHmems'i* of State, of the Treasury, of War, of the Navy, the Postmaster General, and the Attorney General, shall be at the rate of six thousand dollars, payable quarterly in advance. Approved February 21, 1861. Chap. VII. — An Act to organize the Departynent of Stale. The Congress of the Confederate States of America do enact, That there shall be an executive department, to bo denominated the Department of State; and there shall be a principal officer therein, to be called the Secretary of Stale, who shall perform and execute such duties as shall from time to time be enjoined on or entrusted to him by. the President of the Confederate States, agreeably to the Con- ' stitution, relative to correspondences, commissions or instructions to or with, public ministers or consuls from the Confederate Stales, or to negotiations with public minij^ters from foreign slates or princes, or to memorials or other applications from foreign public ministers and other foreigners, or to such other matters respecting foreign affairs as the President of the Confederate States shall assign to th.e said depai'tment; and, furthermore, the said principal officer shall conduct the business of the said department in such manner as the President of the Con- federate States shall from time to time order or instruct. Said Secre- tary shall be appointed by the President, by and with the advice and consent of the Congress, and shall receive a compensation to be ascer- tained and regulated by law. Sec. 2. Be H further enacted, It shall be the duty of the Secretary of State to keep and preserve all bills and resolutions of the Congress having been approved or signed hy the President, or otherwise become laws; and he shall carefully preserve the originals, and shall, as soon as conveniently may be after he shall receive the same, cause every such law, order and resolution to be published, in at least three public newspapers published within the Confederate Slates, and shall also cause two printed copies, duly authenticated, to be sent to the execu- tive authority of each state. It shall be the duty of the secretary to February 21,1861. State Dep.artment organized. Duties of Secretary of State. By whom appoint- ed; liis compensation. To keep and pre serve tlie laws. This clause repealed. See Act of Aug. 5, 1S(!l. Sections 1, 2, 3. And publish the same. 30 PROVISIONAL CONGRESS. Sess. I. Ch. 8. 1851. To keep and affix kecp the . conduct all suits in the Supreme Court, in wliich the Confederate States *""*^^ ^t^"'*- shall be concerned, and to give his advice and opinion upon, questions of law, when required by the President of the Confederate States, or when requested by any of the heads of departments, tonchingany mat- ters that may concern their departments on subjects before them. He Supervisory p.wet shall also have supervisory power over the accounts of the marshals, ma^ahiis aiKrofflcen clerks and officers of all the courts of the Confederate States, and all -^^ '''<' couri«, claims against the Confedeiate State?. Approved February 21, 1861. 3 S4 TROVISIONAL COIs^GRESS. Skss. I. Ch. 13. 1861. February ?8, 18C1. Chap. XIXI.— An Act to prescribe the Katfs of Postage in the Confederate Slates of America-,. —.^^-—^—~^— and for other purposes. Tateg of poBtage The Coi^grcss of the Confederate States of America do enact. That- from and after such period as the Postmaster General may by procla- mation announce, there shall be charged the following rates of postage, Onshigit leticre. to-wit : For every single scaled leMer, and for every letter in manuscript or paper of any kind, upon which information shall be asked for or communicated in writing, or by marks or signs, conveyed in the mail for any distance between places within the Confederate States of America, not exceeding five hundred miles, five cents ; and fur any distance What deemed a exceeding five hundred miles, do.)ble that rate; and every letter or parcel not exceeding half an ounce in weight shall be deemed a single letter, and every additional weight of half an ounce, or additional weight of less than half an ounce, shall be charged with an additional What packages sino;le postasfc ; and all packaires containinj other than printed or written matter — and money packages are included in this class — shall be rated by weight as letters are rated, and shall be charged double the rates of Drop letteri. postage on letters; and all drop letters, or letters placed in any post- office not for transmission, but for delivery only, shall be charged with Posiapc prepaid postage at the rate of two cents each ; and in all the foregoing cases ™'**' the postage must be pre-paid by stamps; and all letters which shall hereafter be advertised as remaining over or uncalled for in any post- on^iciterrrdveS! o^^e, shall be charged with two cents each in addition to the regular postage, both to be accounted for as other postages of this Confederacy. PoBtasrc on news- Sec. 2. And be it further ennctrd, That all newspapers not exceeding pspere seiit from the , . . •{ ^ , ,, ,r /• i i- • i ^ office of publication three ounces in weight, sent ironi the oluce oi publication to actual and to BubBcribere. bona fide subscribers, shall be charged with postage as iollows, to-wit: The postage on the regular numbers of a newspaper published weekly, within the Slate where published, shall be six and one-half cents per quarter; and papers published semi-weekly, double that rate; and papers published thrice a week, trble that rate ; and })apers published daily, six times that rate; and the postage on all newspapers to actual subscribers without the State where published, shall be charged double On periodi;aiB bo (he fbregoing rates. And periodicals sent from the office of publication to actual and bona fide subscribers, shall be charged with postage as follows, to wit: The postage on the regular numbers of a periodical not exceeding one and a half ounces in weight and published monthly; within the State where published, shall be three cents per quarter ; if published semi-monthly, double that rate ; and for every additional ounce or fraction of an ounce, double the foregoing rates shall be charged ; and periodicals published quarterly or bi-monthly shall be charged one cent an ounce ; and the postage on all periodicals without the State where published shall be double the above specified rates ; and regular subscribers to newspapers and periodicals shall be required to o.T other newppa- p^^y one quarter's postage in advance. And there shall be charged upon oircuiHTa/'im'i'i'd'bii^ every ot^er newspaper, and each circular not sealed, handbill, engrav- engravingg, etc. jpg_ pamphlet, periodical and magazine, which shall be unconnected with any manuscript or wrttten tnatter, not exceeding three ounces in weight, two cents ; and for each additional ounce or fraction of an ounce, two cents additional ; and in all cases the postage shall be pre- On books, bouEd or paid by stamps. And books, bound or unbound, not weighing over un ouud. ^^ijj. pf,^j^j^^ shall be deemed mailable matter, and shall be charged with postage, to be pre paid by stamps, at two cents an ounce for any pubiicar.ou's^tYeud! ^''^*^"^^" '^'^^ publishers of newspapers or periodicals may send to •ther, free of post age. each other, from their respective offices of publication, free of postage, one copy of each publication. PROVISIONAL CONGRESS. Sess. I. Ch. 13. 1861. 35 Sec. 3. And be it further enacted, That it shall be the duty of the Post- Depu ty postman- master General to provide and furnish to all deputy postmasters, and to all **"' "J"! °!?" .^"; , ' . , . I r • 1 1 sons, to be lurnished oiner persons applying and paying therefor, suitable postage stamps "^'^^ postage stampi and stannped envelopes, of the denomination of two cents, five cents, opes/'^'"^^'' ^''^'^' and twenty cents, to facilitate the pre-payment of postages provided for in this act; and any person who shall forge or countcM-l'eit any postage Penalty for forpinir ■ stamp provided or furnished under the provisions of this or any former "osta'^J'stam V'^'""*^ act, whether the same are impressed or printed on or attached to envelopes or not, or any die, plate, or engraving therefor, or shill make ^ ^o"" making, or print, or knowingly use or sell, or have in his possession, with intent fo"gfd*'or''°cou'n'te?- to use or sell, any such false, furged or counterfeited die, plate, eno-rav- felted dies, plates, etc. ing or postage stamp, or who shall make or print, or authorize or procuie to be made or printed, any postage stamps of the kind provided and furnished by the Postmaster General as aforesaid, witliout the especial authority and direction of the Post Office Department, or who, after such postage stamps have been printed, shall, with intent to Or for jeiiverin? defraud the revenues of the Post Office Department, deliver any KutVorll^^"""*" postage stamps to any person or persons, other than such as shall be authorized to receive the same by an instrument of writing, duly exe- cuted under the hand of the Postmaster General and the seal of the Post office Department, shall, on conviction thereof, be deemed guilty of felony, and be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding five years, or by both such fine and imprisonment; and the expenses of procuring and providing all such postnge stamps and letter envelopes as are provided for or authorized by this act, shall be paid, after being adjusted by the Auditor of the Post-Office Depart:nent, on the certificate of the Postmater General, out of an}' money in the treasury arising from the revenues of the Post Office Department. Sec. 4. ^nd be it further enacted, That it shall be the duly of every Postmasters to de- postmaster to caue to be defaced, in such manner as the Po^tniaster ^'J[yj.iJ|,'^jp"j^,^^'*^^ General shall direct, all postage stamps of thi* Confederacy attached to letters deposited in his office for delivery, or to be sent by mail ; and if any postmaster sending letters in the mail, with such postage stamps attached, shall omit to deface the same, it shall be the duty of the post- Penalty for omis- master, to whose office such letter shall be sent for delivery, to deface ^'""" the stamps and report the delinquent postmaster to the Postmaster General. And if any person shall use or attempt to use r*i pre-payment of postage any postage stamps which shall have been bef()re used for like purposes, such person shall be subject to a penalty of fifty dollars Penalty for using for every such offence, to be recovered in the name ofthe Confederate had been^befbreusel' States of Americ;i in any court of competent jurisdiction. Sec. 5. Andbr. if farther enacted, That from and after the day when Franking privilege this act goes into efl^l-ct the franking privilege shall be abolished : Pro- ''^'>^'^^^'^- in ded,Tha[ the Postmaster General and his chief clerks and Auditor ofthe Kxccption in furor Treasury for the Post Office Department shall be and they are hereby of certain officers in ..••j., -,,1 i,i •!,• c . 1. *''e Postoffice Depart- autliorized to transmit through the mail, free or postage, any letters, mem packages or other matters relating exclusively to their official duties or to the business of the Post Office Department; but they shall, in every such case, endorse on the back of the letter or package to be sent free of postage, over their own signatures, the words " Ofiicial Business." And for any such endorsement falsely made, the person so offending Bhall forfeit and pay three hundred dollars. And provided further. The several deputy postmasters throughout the Confederate States and deputy po»t- shall be and hereby are authorized to send through the mail, free of ""**"• postage, all letters and packages which it may be their duty or they may have occasion to transmit to any person or place, and which shall relate a« TROVISIONAL CONGRESS. Sess. I. Ch. 14. 1361- exclusively to the buf^iness of their respective offices or to the business of the Post Office Department but in every such case the deputy post- master sending any such letter or packagje shall endorse thereon, over Penalty on these his own signature, the words " Post Office Business," and for any and ofncera for makiiie u^j rii iii i-1^v 25 isn Chap. XIV. — An Act to dielarc and establish the Free A'avigation of the Slississippi River. . Riviijation of the j'/^g Cotisrcss of the Confederate States of America do enact . That Uississppi river de- f ,J, ■ ... . . .-' . , i i i /• dared free. the peaceful navigation of the Mississippi river is hereby declared free to the citizens of any of the States upon its borders, or upon the bor- Reguiafions f o r (]ers of its navigable tributaries ; and all ships, boats, raits or vessels Ttssels navigating the •i.u j i i.- u xi-fuj Mine. may navigate the same, under such regulations as may be established by authority of law, or under such police regulations as ma}' be cstab- lisfied by the States within their several jurisdictions. Vessels entering? Sec. 2. Be it further cancicd, All ships, boats, or vessels, which may »td river within tiie entcr the Waters of the said river within the limits of this Confederacy, naiit3 ol flie l,on!ea- . i • r i •" i erary may pass to from any port or place beyond the said limits, may freely pass with Bn^is^vuh'^thdr' car- fheir Cargoes to any other port or place beyond fjie limits of this Con- goeo, without any flu- fet'eracy wifhout any duty or hindrance, except light money, pilotage, ey, pilotage, &c ; but and othcT like charges ; but it shall not be lawful for any such ship, •fV°y^parrof car'^o ^^^^j o'" vessel to Sell, deliver, or in any way dispose of any part of her toUiis Confederacy" cargo, or land any portion thereof for the purpose of sale and delivery within the limits of this Confederacy; and in case any portion of such cargo shall be sold or delivered, or landed for that purpose, in violation of the provisions of this act, the same shall be forfeited, and shall be seized and condemned by a proceeding in admiralty before the court having jurisdiction of the same in the district in which the same may be iWn*"howrMciv'JdI'^' f*^""'' ' ^"'^ ^^c ship, boat, or vessel shall forfeit four times the amount of the value of the duties chargeable on the said goods, wares, or merchan- dise so landed, sold, or disposed of in violation of the provisions of this act, to be recovered by a proper proceeding in admiralty before the said court, in the district in which such ship, boat, or vessel may be found. PROVISIONAL CONGRESS. Sess. I. Ch. 14. 18GI. 31 ene-half forthe use of (he collector of the district who shall institute and conduct such proceeding, the other half for the use of the Government of the Confederate States: P/'ovided, That if any such ship, boat, or ^f^^^^J'^^^'^V^/X vessel shall be stranded, or from any cause become unable to proceed on aWed vesseu. its voyage, the cargo thereof may be landed and the same may be entered at the nearest port of entry, in the same manner as goods, wares, and merchandise regularly consigned to said port; and the person so en- tering the same shall be entitled to the benefit of drawback of duties or cU' warehousing said goods, wares and merchandise as provided by law in other cases. Sec. 3. A ad be it farther enacted, If any person having the charge jpj'^o.^.ln^unpacidng" of or being concerned i.i the transportation of any goods, wares, or exchanging or con- merchandise upon the said river, shall, with intent to defraud the rev- ^Xred "for'^tS enue, break open or unpack, within the limits of the Confederate States, portation. any part of the merchandise entered for transportation beyond the said limits, or shall exchange or consume the same, or with like intent shall ^ ,. ^, , ' , , '^ , r , • 1 1 lU u cc C Brcakinp: or defacing break or deface any seal or fastening placed thereon by any olhcer ot any seal oi- fasteninR. the revenue, or if any person shall deface, alter, or forge any certifi- ceniflcates"'^ ^°'^°* cate granted for the protection of merchandise transported as aforesaid, each and every person so offending shall forfeit and pay five hundred dollars, and shall be imp^oned not less than one nor more than six months, at the discretion of the court before which such person shall be convicted. Sec. 4. Be it further enacted, In case any ship, boat, or vessel shall Masters, &c.. of vea- enter the waters of the said river within the limits of the Confederate ofUie^Missislippimay States, having on boaid an}' goods, wares, or merchandise subject to ^r'JtLe^-w^e ^°^ ^*'* the payment of duties, and the master, consignee, or owner shall desire to land the same for sale or otherwise, it shall be lawful to enter the said goods, wares, and merchandise at any port of entry, in the same manner as goods, wares, or merchandise regularly consigned to the eaid port, or to forward them under bond or seal according to the regu- lations customary in such cnses, when consigned to any port or place beyond the limits of this Confederacy, and on payment of the duties ties" noTi!c tor u on said goods, to obtain from the collector a license to land the same grant license, at any point on \.he river ; and when goods, wares, or merchandise shall be entered as aforesaid, the owner, importer, or consignee shall be be^efit'Vdrawbac*k entitled to the benefit of drawback of duties or of warehousing the said of duties or of ware- goods, wares, and merchandise, as is provided by law, upon complying '""'""sgoo s. with all the laws and regulations which apply to cases of entry for drawback or warehousing respectively. Sec. 5. Be it further enacted, When any such ship, boat, or vessel, Masterof vessel o« . / ' , • ,• I • i 1 ji arrival at first port of having on board goods, w'ares, and merchandise subject to the payment entry, to deposit with \ of duties, as set forth in the fourth section, shall arrive at the first port [,'rthe'ctrgo."'''"'^'*' of her entry of the Confederate States, the master or person in com- mand of such ship, boat, or vessel shall, before he pass the said port, and immediately after his arrival, deposit with the collector a manifest Collector to certifr - , •', , , . I ' , /• 1 ,• 111 -J ""(i trausmit maol- 01 the cargo on board subject to the payment ot duties, and tlie said fest. collector shall, after registering the same, transmit it, duly certilied to have been deposited, to the officer with whom the entries are to be made; and the said collector may, if he judge it necessary for the eecurity of the revenue, put an inspector of the customs on board any M»y rut inspector . • 1 I .1 ^11 ■ 1 1 on the vessel. such ship, boat, or vessel, to accompany the same until her arrival at the first port of entry to which her cargo may be consigned ; and if f„r^f,',-?i'',^ "" ^^.po^u the master or person in command shall omit to deposite a manifest as manifest or rtfusinit aforesaid, or refuse to receive such inspector on board, he shall forfeit ^ '■^''"'* "*p and pay five hundred dollars, with costs of suit, one-half to the use of the officer with whom the manifest should have been deposited, and the 38 PROVISIONAL CONGRESS. Sess. I. Ch. 15, 16, 17. 1861. other Iialffo the use of the collector of the district to which the vessel was bound : Provided, however, That until ports of entry shall be establit^hed ThiBactnot to ap- above the city of A'irksburg, on the Mississippi river, the penalties of »tVe"rfa'iD''po'!-u7'''^'''^ "^''^ ^^^ ^^^^^ "°^ extend to' the delivery of goods above that port by vessels or boats descending said river. Approved February 25, 1861. February 26, 1S61. Chap. "SM.—An Act to modify tht Kavigntion Laws and repeal all Discriminating Dutiet ! on i'Ai'pi or Veaels. Vessels not enrolled T/ic CoTigTCss of tlic Confederate States of America do enact, That em p 1 oTt^d T/ the ^^^ IsiVv^ which forbid the employment in the coasting trade of ships or coasting trade. vessels not enrolled or licensed, and also all laws which forbid the vmportation''oV"g'ood^ importation of goods, wares, or merchandise from one port of the Con- in vessels beionRinp federate States to another port of the Confederate States, or from any to foreigners, repeal- . . ' i i i • ■ i ed. loreign port or place, in a vessel belonging wholly or in part to a sub- ject or citizen of any foreign State or power, are hereby repealed. Repeal of laws im- Sec. 2. All laws which impose any discmninating duty on the ton- !taue7o1i\onnage"°^ ^S^ of ships or vcsscls owncd by any subject or citizen of any foreign State or power, or upon goods, wares or merchandise imported in any_ such ship or vessel, are hereby repealed. Approved February 26, 1861. February 26, 1 SGI. Chap. XVI. — An Act to dejine m.ore accurately the Exemjition of Certain Goods frotn Duty . ixemption from TJic CongTCss of the Confederate States of America do enact, That •Jiit^s allowed by act |}^p exemption from duties allowed by the act to " Exempt from duties of Feb. IS, IsCl, to ' J. . . 1 1 r ,u >> J *xtend only to cer- certain Commodities therein named, and lor other purposes, passed laingoods. Q„ jj^g eighteenth day of February, 1861, shall extend only to such goods, bona fide purchased on or before the twenty-eighth day of Feb- ruary instant, as shall have been actually hden on board of the export- ing vessel or conveyance destined for any port in this Confederacy, on or before the fifteenth day of March, in the present year. Approved February 26, 1861. February 26, 1861. Chap. XVII. — An Act for tht Estnblishjnent and Organization of a General Staff for the Army of the Confederate States of America. fraiSof'tilelrm"" ^^^^ Cougrcss of the Confederate States of America do enact, That from and after the passing of this act, the general staff of the Army of the Confederate States shall consist of an Adjutant and Inspector General's Department, Quartermaster Geneial's Department, Subsist- ence Department, and the Medical Department. Officers in the Ad- Sec. 2. Be H further enacted, That the Adjutant and Inspector Gen- CraPsVepTr?' cral's Department shall consist of one Adjutant and Inspector General, ment; their rank, with the rank of colonel ; four Assistant Adjutants General, with the PROVISIONAL CONGRESS. Sess. I. Ch. 18. 1861. 39 rank of major, and four Assistant Adjutants General, with the rank of captain. Sec. 3. Be it further enacted. That the Quartermaster General's De- officers in the partment shall consist of one Quartermaster General, with the rank Quartermaster Ger«- • . • 1 1 ^ c • ral'8 Department; •of colonel; six Quartermasters, with the rank oi major; and as many their rauk and pay. Assistant Quartermasters, as may from time to time be required by the service, may be detailed by the War Department from the subal- •terns of the line, who, in addition to their pay in the line, shall receive twenty dollars per month while engaged in that service. The ouariermarters to -quartermasters herein provided for shall also discharge the duties of discharge the duties paymasters, under such regulations as may be prescribed by the Se- " pa.v'uas'-Te. cretary of War. Sec. 4. i^e it further enacted, That the Commissary General's De- officers in comm's- partment shall consist of one Commissary General, with the lank of j'^^j.yjjj^^i"!''^'!!^^^.^'^*^ colonel; four Commissaries, with the rank of captain, and as many and pay. ' Assistant Commissaries, as may from time to time be required by the service, may be detailed by the War Department from the subalterns of the line, who, in addition to their pay in the line, shall receive twenty dollars per month while engaged in that service. The assist- ^ssiHtant quarter, ant quartermasters and assistant commissaries shall be subject to duties masters and cmmia- in both departments at the same time, but shall not receive the addi- I'n bothVepartmenti^ tional compensation but in one department. Sec. 5. Be it further enacted, That the Medical Department shall omcevR in Meriiooi consist of one Surgeon General, with the rank of colonel ; four Sur- J^a'nkand'yay '***" geons, with the rank of major, and six Assistant burgeons, with the rank of captain ; and as many Assistant Surgeons, as the service may require, may be employed by the Department of War, and receive the pay of assistant surgeons. Sec. 6. Be it further enacted, That the officers of the Adjutant Officers in the re- General's, Quartermaster General's and Commissary General's De- gume'^command a^ partments, though eligible to command, according to the rank they hold troops. in the army of the Confederate States of America, shall not assume command of troops, unless put on duty under orders which specially so direct by authority of the President. The officers of the Medical Department shall not exercise command except in their own depart- ment. Sec. 7. Be it farther enacted, That the staff officers herein provided ^ To^nt^'d^b 'The Pte^ for shall be appointed by the President, by and with the advice and sidoct. consent of the Congress, and shall receive such puy and allowances as shall be hereafter established by law. Approved February 26, 1801. Chap. XVlU.—An Act in relation to Public Printing. February 27, 1661. The Congress of the Confederate States of America do enact. That Act.s and resolutions the Secretary of Congress shall, after each session, prepare for publi- of Confrrcss, and Pro- (. . ' . c \\ ,.\ L J L /-T J I J- visional and Perma- cation lair copies ol all the acts passed by Congress, and resolutions nent Constitutions to -of a pnblic nature intended to have the effect of laws, together with be published. the Constitutions for a Provisional and Permanent Government of this Confederacy, adopted by this Congress. Sec. 2. The acts shall be arranged under appropriate titles, shall iiow acts to be ar- have marginal notes to each section, and be fully indexed. ranged. Sec.*3. The Secretary shall also prepare for publication copies of Journal of procetrt- ., ui- • I /• 11 J- r iL- /"> J /■ 11 ■ 1 i n g 3 o f Oongrcsa to the public journal of the proceedings of this Congress, and a full index be published. for the same. 4.') PROVISIONAL CONGRESS. Sess. I. Cii. 18. 1861: Acts end journnis to Sec. 4. The acts and journals, when prepared, shall be delrveretJ *» d-luer-d to public ,, ... . . i i n -.u i i i ir i w xi i xuiter; Usduty. to the public printers, who t^hall, without delay, pubh.>jh three thousand copies of each, in ^ t^tyle equal in execution, and upon paper of the same quality in every respect, a.s the laws of the United States, as annually published b}' Messrs. Little &. Brown. *ct,« to be bound; ggc. 5. ^^6 acts of Congress thus published shall be bound bv the public printers, in a style not inlerior to the acts 01 tne General Assem- bly of the State of Alabama, for which service he shall receive the sum oi" twenty-five cents per copy. Com iwn Fat ion of Sec. 6. The public printer shall be entitled to receive as compensa- ?j''i'cHti(.'noftiieUws tiou fof the publication of the laws and journals the following prices, 4nd journals. viz ' For each pa^e of the laws and journals, inchidino; jiress work, paper, jiressing, folding and stitching, the sum of six dollars. For job pi intirig. Sec. 7. For all job printing ordered by Congress the public printers- shall receive the following compensation and no more, viz. : N!!?, rcBoiutions First: For bills, resolutions and reports — For composition per page •ndrejwis; (foolscap) One dollar and seventy-five cents; for press work, folding , and stitching one hundred copies, twenty-five cents per page, and pro- rain for all copies over one hundred, rules. Constitutions Second : For rules. Constitutions and Other pamphlet.s — For compo- ojd otliir pauiplilcts; ... _ , . •. . 11 • 1 • 1 11 • 11 • sition per page, (octavo) in small pica, plain, one dollar; in small pica, rule, one dollar and fifty cents; for brevier, plain, one dollar and fifty cents ; for brevier, rule, two dollars ; for rule and figure work on page larger than royal octavo, per l.COO ems, one dollar; for press work, including folding and stitching, per token, seventy cents, yeaoandnays, cir- Third: For vcas and nays, circular letters, and other miscellaneous ^^x^dt"u€ouT\°riiu- printing ordered by Congress — For composition, plain work, per 1,000 »»*. ems, seventy cents; rule and figure work, per 1,000 ems, one dollar; for press work, including folding and stitching, per token or fraction of token, seventy cents. Forpaper. Fourlh : For all paper on which printing is done for Congress, the public printer shall be allowed the fair market cost thereof, and twenty per centum additional thereto. Rxtra pny allowed Fifth : On all work done for Congress when in secret session the c^nL're*6sVi!e'iriJs'e- P'-'bHc printer shall receive an additional compensation of ten per centum «ret session. on the above rates. ne.ids of Depart Sec. 8. The chief officers of the executive departments of the gov- Ktntrt Jo contract f(.r emment are hereby authorized to contract for all necessary printing in acea. Connection with their several oihces, in no case, however, at higher rates of compensation than hereinbefore prescribed for work done for Congress. Posfniapter General Sec. 9. Thc Postmaster General shall contract for the publication of u) contract for the ^\\ pQ^;^ ^ills and Other blanks connected with his oHico, not exceeding oul)l;catiiin of banks , V ,, . », . . . , w 1 1 /■ i foriiiBofiicc; at what the Jollowing ratcs : lor composition, mcluding rule and ngure work, '****• per 1,000 ems, fifty cents; for presswork, per clean token, (the sheets not to be not less than 16 by 26 inches) fifty cents ; for paper, ten per cent, on actual cost. Nothing shall be allowed for altering the name- of a postmaster on a post bill or other blank, nor shall there be an addi- tional charge for composition when the name of the postotfice albhe is Printer to ketp on changed. But the printer shall be required to keep always on hand tor^'^s'tXce'b/anks'' f^'''Tis foi' postoffico blanks, and when new orders arc given, the charge shall be made only for the press work and paper, and such new com- rj-arge for newer- position as may be recessaiy. ***"• Sec. 10. All accounts for printing done for Congress or any one of Accounts for print- the executive departments shall, before the same are allowed and paid, M^'ceriifled.'' '^ "" be swom to by tlic public printer or contractor; shall be accompani-ed: PROVISIONAL CONGRESS. Sess. I. Ch. 18. 1861. 4t by vouchers, showing the cost of the paper used and the quantity thereof, and shall be certified to be correctly made out under the law by at least two disinterested practical printers in noway connected with the office or business of the claimant. Sec. 11. The foregoing rates and provisions do not apply to adver- Usual fees to be paid tisements in public gazettes by order of any of the executive depart- pubnc''gaz'euir3!"" '* ments, for which the usual fees paid by other advertisers shall be allowed. But no advertisement from any of the executive departments shall be inserted in more than three public gazettes in the same State. Sec. 12. When printing on parchment is required to be done for any Printing on parch- executive department, the parchment shall be purchased and furnished *°^"'" by such department, and a special contract made for such printing, not exceeding ten dollars per thousand copies. Sec. 13. There shall be connected with the Department of Justice a Bureau of printing. Bureau of Printing, the chief officer of which shall be appointed by officerfand'byVhom the President, by and with the advice and consent of the Congress, appointed. and shall be known as the Superintendent of Public Printing. No Eiipiiniity to omce person shall be eligible to this office who is not skilled in and acquainted pubu^y^hiung'^"' "' with the practical details of the business of printing; nor shall the Superintendent of Public Printing be in any manner, directly or indi- rectly, interested in the contracts tor public printino;, nor with the printing office at which the same is done, nor connected with any news- paper in any capacity whatever. Src. 14. It shall be the duty of the Superintendent to supervise, direct Duties of the Super and control all thi-" printingdone by order of Congress, or under contract '"''^'^'^'^"'• with an}' executive department, as to the quality of paper to be used, the character of type, the style of binding, and the general execution of the work; and also as to the time and order in which the same shall be completed. It shall be his duty also to report to the head of the department, at least once a year, the condition of the public printing — stating the amount paid out for the same on each contract, specifying the amount paid out under the order of each department, and giving estimates of the probable expenditure for the succeeding year; which report shall be laid before the Congress by the Preside it, in connectiort with his annual message. It shall be his duty also to take from every contractor for public printing such bond, with good security, as he may require, not exceeding the probable amount of the contract price for the printing to be done by such contractor, and conditioned for the faith- ful performance of his contract in everj'^ particular. Such bonds shall be renewed annually by contractors whose work shall be continuing in its character and extends beyond the year of its commencement. Sec. 1.5. All accounts for printingdone, when rendered as hereinbefore Superintenrteni ta provided, shall be audited and allowed by the Superintendent of Public •^^ul'^fpS^^Si Printing before the same shall be paid. If the Superintendent shall authorize payment. refuse to receive any work done, or shall refuse to allow any account rendered, th" printer or contractor may appeal from s.ich decision to Appeal from hi»- the head of the department, whose decision on the appeal shall be final decision. and conclusive. Skc. 16. All laws or parts of laws militating against the provisions of Lawj repealed. this act are hereby repealed. Approved February 27, 1861. 42 PROVISIONAL CONGRESS. Sess. I. Ch. 19, 20, 21. 1861. February 27, 1S61. Chap. XIX.— jln Act to authorize the Secretary of State to appoint an Assislant. Secretory of State Tkp Congrcss of tJiB Confederate States of America do enact, may appoint an As- .pj^^^ ^^^ Secretary of State be and he is hereby authorized and em- powered to appoint an assistant, who shall be known as the Assistant ni8 duties, ami pay. [secretary of State, who shall perform .such duties as may be as.-igned him by the Secretary, and receive such compen'satioa for his services as may be fixed by law. Approved February 27, 1861. February2S 1861. CniP. XX— An Act to authorize the Secretary of the Treasury to establish additional Portt L !_ and Places of Entry and Delivery, and appoint Officers therefor. Secretary of the The Congrcss of the Confederate States of Aimrica do enact, ?o't8Ssh%';ns''o''f That the Secretary of the Treasury be and he is hereby authorized entiy and delivery; ^nd empowered to establish such ports of entry and delivery of goods, wares and merchandise, as in his judgment may be necessary for the proper collection of the customs aud the enforcement of the revenue his powerto change laws of the Confederate States; and that he have power to change, and abolish the same. ^1^^^^^ J ^,^^(jgj^ such ports and places of entry and delivery at any time when the public interests may require it. May appoint col- Sec. 2. Be it further enacted, That the Secretary of the Treasury be l^ndTx'thdr saiiri^s* a"<^ ^^ '^ heicby'authorized aud empowered to appoint suitable persons as collectors of the customs at such ports and places of entry and delivery, under such regulations and with such salaries as he may from time to time prescribe and establish. Approved February 28, 1861. Febrnarv 23 1661 Chap. XXI— ^la Act to raise Money for the support of the Government, and to provide for l.__L__L the Defence of the Confederate States of America. President autho- The Congress of the Confederate States of America do enact, won the" crtXt That the President of the Confederate States be and he is hereby ofthec.s. authorized, at any time within twelve months after the pas.'^age of this act, to borrow, on the credit of the Confederate States, a sum not ex- ceeding fifteen millions of dollars, or so much thereof as in his opinion How to be applied, the cxi'gencies of the public service may require, to be applied to the payment of appropriations made by law for the support of the govern- ment and for the defences of the Confederate States. Certificates of stock Sec. 2. The Secretary of the Treasury is hereby authorized, by the amountVorrowed!"' Consent of the President of the Confederate States, to couse to be pre- pared certificates of stock or bonds, in such sums as are hereinafter men- tioned, fur the amount to be borrowed as aforesaid, to be signed by the Register of the Treasury and sealed with the seal of the Treasury ; and the said certificatesof stock or bonds shall be nrade payable at the expira- tion of ten years from the first day of September next; and the in- interest thereon, terest thereoii shall be paid semi-annually, at the rate of eight per cent, per annum, at the Treasury, and such other place as the Secretary of the Treasury may designate. And to the bonds which shall be Coupons to be at- issued as aforesaid, shall be attached coupons for the semi-annual in- IS. '° *^' ''°"'^' terest which shall accrue, which coupons may be signed by officers to PROVISIONAL CONGRESS. Sess. I. Ch. 22. 1861. 43 be appointed for the purpose by the Secretary of the Treasury. And Faith of the c. s. the faith of the Confederate States is hereby pledged for the due pay- So*! L'irLdpH ment of the principal and interest of the soid stock and bonds. and interest. Sec. 3. At the expiration of five years from the first day of Septem- Bonds or stocks ber next, the Confederate States may pay up any portion of the bonds notee.^^*' ""^"'"^ or stocks, upon giving three mouths previous public notice, at the seat of government, of the particular stocks or bonds to be paid, and the time and place of payment; and from and after the time so appointed, no when interest to further interest shall be paid on said stock or bonds. cease. Sec 4. The certificates of stock and bonds shall be issued in such form Form and amount and for such amounts as may be determined by the Secretary of the Trea- stock and bonds; sury, and may be assigned or delivered under such regulations as he assiened'^* "^^^ *** may establish ; but none of them shall be for a less sum than fifty dollars. And he shall report to Congress, at its next session, a state- Report of the sec- ment, in detail of his proceedings, and the rate at which the loans may ry'to'coiigre^ss.'^^'^^"' have been made, and all the expenses attending the same. Sec. 5. From and after the first day of August, 1861, there shall be Duty on cotton ex- levied and collecte ! and paid, aduty of one-eighth of one cent, per pound ^""^ * " on all otton in the raw state exported from the Confederate States, v,'hich duty is hereby specially pledged to the due pavment of interest Duty pledged to the and principal of the loan provided for in this act; and the Secret iry of p^;';^^"] ?o«."by'^^ the Treasury is hereby authorized and required to establish a sinking at fund to carry into effect the provisions of this section : Provided, how- ushed.'°^ ever, That the interest coupons, issued under the second section of this act, when due, shall be receivable in payment of the export duty interest coupons re- on cotton: Provided, also, That when the debt and interest thereon ;;f'[,;V^'^„;^' P'^y'"*"^ herein authorized to be contracted shall be extinguished, or the sinking fund provided for that purpose shall be adequate to that end, the said when duty to . ■^ C6AS6* export duty shall cease and determine. Approved February 28, 1861. Chap. XXII. — An Act to raise Provisio}ial Force. i for the Confederate States of Atnericn, and February 28, 1861. for other purposes. ' '. The Congress of the Confederate States of America do enact, President to assume That to enable the government of the Confederate States to maintain !;m,la';y operauons In its jurisdiction over all questions of peace and war, and to provide Jor evtry state. the public defence, the President be and he is hereby authorized and directed to assume control of all military operations in every State, having reference to or connection with questions between said States, or any ot them, nnd powers foreign to them. Sec. 2. And be it further enacted, That the President is hereby author- To receive from the ized to receive from the several States the arms and munitions of war acquTrea%"r o m ^the which have been acquired from the United States, and which are now in u. s. the forts, arsenals and navy yards of the said States, and all other arms and munitions which they may desire to turn over and make charge- able to this government. Sec. 3. J9e 77 /wr/Arr e7iocfe territory belonging to each State, and to secure the public tranquility and indepen-ieiice against threatened assault, the President be, and he is hereby authorized to emplo}'^ the militia, military and naval forces of the Confederate States of America, and to ask for and accept the ser- acfeVvohiute^ers*"'* vices of any number of volunteers, not exceeding one hundred thou- sand, who may offer thoir services, either as cavahy, mounted riflemen, artillery or infantry, in such proportion of these several arms as he may deem expedient, to serve for twelve months after they shall be mustered into service, unless sooner discharged. Sec. 2. Jlnd be it furilipr enacted, That the militia, when called into now long muuia to service by virtue oi this act or any other act, if in the opinion of the ^"''^• President the public interest requires, may be compelled to serve for a term not exceeding six months after they shall be mustered into service, unless sooner discharged. Sec. 3. And be it further enacted, That said volunteers shall furnish '^vhat the volunteers their own clothes, and, if mounted men, their own horses and horse equipments; and when mustered into service, shall be armed by the To be armed by the States from which they come, or b3'the Confederate States of America. "* "" Sec. 4. And be it further enacted, That said volunteers shall, when VoUinteers to be ,, , . , •'. 1 . •! • • ,1 -1 I • . L subject to rules and called into actual service, and while remaininjr therein, be subject to the articles of war. i rules and articles of war, and instead of clothing, every non-commis- sioned officer and private in any company shall be entitled, when called into actual service, in money to a sum equal to the cost of clothing of To receive monej j/r "I'lU 1 Tiuri in lieu of clothlnj;. a non-commissioned oilicor or private in the regular army oi the Con- federate States of America. Sec. 5. And be it further enacted, That the said volunteers so offer- May be accepted in ,. . •', iJL.un-ii- • compimies, squad- jng their services may be accepted by the President in companies, rons, etc. squadrons, battalions and regiments, whose officers shall be appointed ^{"^gj"' ^'^^ *'' in the manner ])rescribcd by law in the several States to which they shall respectively belong; but when inspected, mustered, and received into the service of the Confederate States, said troops shall be regard- ed in all respects as a part of the army of said Confederate States, according to the terms of their respective enlistments. Sec. 6. And be it further enacted. That the Pre^ident is hereby President may or- , . , . •' . i 1 • ii • • • i L : ganize volunteer authorized to organize companies so tendering their services into bat- companies, battai- lalions or squadrons, battalions or squadrons into regiments, regiments '0"^>*''=' into brigades, and brigades into divisions, whenever in his judgment such organization may be expedient; and whenever brigades or divis- -^"f* appoint om- ^o ^ J i ' _o ^ cors for britruucs And ions shall be organized, the President shall appoint the commanding divisions. officers foi' such brigules and divisions, subject to the confirmation of Congress, who shall hold their offices only while such brigades and divisions are in service; and the Pre-ident shall, if necessary, appor- M^y apportion tho tion the staff angl general officers among the respective States from ccrs."*" ^'■""*''"* * which the volunteers shall, tender their services, as he may deem proper. ' Sec. 7. And be it further enacted, That whenever the militia or vol- pa?''^of"'?i'e* miiuil unteers are called and received into the service of the Confederate an»i volunteers. States, under the provisions of this act, they shall have the same organ- ization, and shall have the same pay and allowances as may be provided for the regular army ; and all mounted non-commissioned officers, pri- vates, musicians and artificers shall be allowed forty cents per day Tor j.j'I.°^'*^nior3c»."** the use and risk of their horses; and if any volunteer shall not keep 46 PROVISIONAL CONGRESS. Sess. I. Ch. 27. 1861. himself provided with a serviceable horse, such volunteer shall serve on foot. For horses killed in action, volunteers shall be allowed com- pensation according to their appraised value at the date of muster into service. Offlcerj of a sepa- Sec. 8. And be it further enacted. That the field and staff officers of ▼oiunteera. '°° " ^ separate battalion of volunteers shall be one lieutenant-colonel or major, one adjutant with the rank of lieutenant, one sergeant major, one quartermaster sergeant, and a chief bugler or principal musician. Additional second according to corps ; and that each company shall be entitled to an ad- lleutenant to each ... , *- ,",. i .1 i ii n • 1 1 i- •. .1 company. uitional second lieutenant; and that the President may limit the limu n^ber"of'^n^ P''i^'ates in any volunteer company, according to his discretion, at from vates. si.\'ty-four to one hundred. Additional officers, 8ec. 9. Jlnd be it further enacted, That when volunteers or militia whonT'ap^poin'tVd f'or ^''^ Called into the service of the Confederate States in such numbers the Quartermaster, that the officers of the quartermaster, commissary and medical depart- Commissary and , , . , i ii • 1 1 i /• ^i" 1 • Medical Depart- meuts, which may be authorized oy law lor the regular service, are "**"'*• not sufficient to provide fur the supplying, quartering, transporting, and furnishing them with the requisite medical attendance, it shall be law- ful for the President to appoint, with the advice and consent of the Congress, as many additional officers of said departments as the service may require, not exceeding one commissary and one quartermaster for each brigade, with the rank of major, and one assistant quartermaster with the rank of captain, one assistant commissary with the rank of Bond and security captiiin, one surgeou and One assistant surgeon for each regiment; the required. ^.^jj quartermasters and commissaries, assistant quartermasters and commissaries, to give bonds with good sureties for the faithful per- Pay and emoiu- foriTiaiice of their duties ; the said officers to be allowed the same pay °'*"'^' and emoluments as shall be allowed to officers of the same grade in the How long to con- regular service, and to be subject to the rules and articles of war, and tinue in service. to continue in service only so long as their services may be required in connection with the militia or volunteers. President may pur- Sec. 10. Jlnd be it further enacted, That the President bo, and he chase and equip ves- j^ hercbv authorized to purchase or charter, arm, equip and man such Bels, etc., fit for or •' 1 ' , - 1 /• easily converted into merchant vessels and steamships or boats as may be found fit or easily armed vessels. converted into armed vessels, and in such number as he may deem necessary for the protection of the seaboard and the general defence of the countiy. Approved March 6, 1861. CnAP. XXVII. — An Act to provide, for the Registration of Vessels ownrt! in ivhole or in part March 6, 1861. by citizens of the Confederate States. The Congress of the Confederate States of America do enact, That be registered? ^ ""^^ all vessels, wherever built, one-fourth or more of which shall be owned by a citizen or citizens of the Confederate States, and roiuiriandod by a citizen thereof, shall be registered as a vessel of tha»Confederacy at the custom-houses thereof: Provided, That a majority in interest of the owners shall consent to such registration, and such vessels be not registered elsewhere. / Approved March 6, 1861. PROVISIONAL CONGRESS. Sess. I. Ch. 28, 29. 1861. 47 Chap. XXV in. — An Act to establish and organize a Bureau in connection with the Department March 6, 1861. of the Treasury, to be knowii as the Lighthouse Bureau. The Congress of the Confederate States [of America] do enact. That ^'8''*{]""'® Bureau there shall be establii^hed in connection with the Department of the Treasury a bureau, to be known as the J.ighthouse Buieau. Tlie chief Officers, and their officer of such bureau shall be a captain or commander of the navy, *'*"^ ' detailed for this service by order of the President of the Confederate States, who shall receive as his compensation the same pay allowed to officers of the same rank in the navy. There shall be appointed also a chief clerk, with a salary of twelve hundred dollars, and an accounting clerk, with a salary of one thousand dollars. Sec. 2. All lighthouses, light vessels, buoys, and other aids to navi- Matters under the ,, , ^r• * 1 iU -.1 J II li 1 J control ani direction gation, all the otncers connected therewith, and all matters connected ot the Lighthouse with the construction, repair, illumination, inspection and jrovernment ^"''^^"• thereof, and all duties appertainino: to the administration of liLihthouse affairs, shall be under the direction and control of the Lighthouse Bureau hereby established, subject at all times to the superintendence of the Secretary of the Treasury. Sec. 3. The chief of the bureau shall, as soon as possible, divide ^.cJi'ef of burean t» ,, i/-.i/~sioned officers as may, upon the reconimencLtion of their colonels and comparj}' officers, be brou:;ht before an aimy board, spe- cially convened, for the purpose, and found qualified for the duties of commi!=!sioned officers, and to attach them to regiments or corps, as su- pernumerary officers, if there be no vacancies: Provided, There Proviso, shall not be more than one so attached to any one company at the game time. Sec. 13. The pay of a brijradier general shall be three hundred and (<^^^l^^! ^'''e*'"" one dollars per month The aid-de-cnmp of a brigadier general, in ad- of hiaaid-de-camp. dition to his pay as lieutenant, shall receive thirty-five duUars per month. Sec. 14. The monthly pay of the officers of I he corps of engineers Pay of officer.^ of shall be as follows: of "the colonel, two hundred and ten dollars; of a "'" ^"s'"^" ^^''^P'- irajor, one hundred and sixty-two dollars; of a captain, one hundred and forty dollars; lieutcnatlts serving with the company of sappers and minors shall receive the pay of cavalry officers of the same grade. Skc. 15. The monthly pay of the colonel of the corps of artillery pay of oflScera of shall be two hundred and ten dollars; of a lieutenant colonel, one ^'"""^y- hundred and eighty-five dollars; of a major, one hundied and fifty dollars, and when serving on ordnance duty, one hundred and sixty- two dollars; of a captain, one hundred and thirty dollars; of a first lieutenant, ninety dollars; of a second lieu'.enant, eighty dollars; and the adjutant shall receive, in addition to his pay as lieilenant, ten dol- lars per nsonth. Officers of artillery serving in the light ailillery, or performing ordnance duty, shall receive the same pay as officeis of cavalry of the same grade. Sec. 16. Tho monthly pay of the officers of the infantry j-hall be as P^y of officers ^f follows: of a colonel, one hundred and ninety-five dollars; of a lieu- '"^''"''•^" tenant colonel, one hundred and seventy dollars; of a m;jor, one hundred and fifty dollars; of a captain, one hundred and thirty dullars; of a first lieutenant, ninety dollars; of a second lieutenant, eighty dol- lars; the adjutant, in addition to his pay as lieutenunt, ten dollars. Sec. 17. The monthly pay of the officers oi the cavalry shall be as p,, of officers of follows: of a colonel, tv/o hundred and ten dollars; of a lieutenant *'*'*''-'• colonel, one hundred and eighty-five dollars; a major, one hundred and sixty-two dollars; a captain, one hundred and forty dollars; a first lieutenant, one hundred dollars; a second lieutenant, ninety dollars; the adjutant, ten dollars per month, in adJition to his pay a^ lieu- tenant. Sec. 18. Tho yiy of the officers of the general staff, except those P''.v o^ omcers of of the medical department, shall be the same as that of officers of **"" "'='^'''^'' ^'"* cavalry of the same grade. Tho surgeon general shall receive an an- '^"J' o'' Sargeon nual salary of three thousand dollars, which shall be in full of all pay and allowances, except fuel and quarters. The monthly pay of a sur- ^^^ ^^ Surfxeons geon, of ten years' service in that grade, shall be two hundred dollars; auj aWi ;5urge7iis. a surgeon of less than ten years' service in that grade, one hundred and sixty two dollars ; an assistant surgeon often years' service in that grade, one hundred and fifty dollars ; an assistant surgeon of five year's service in that grade, one hundred and thirty dollars ; and an assistant surgeon of less than five years' service, one hundred and ton dollars. Sec. 19. There shall be allowed in addition to the pay hereinbefDre 4 so PROVISIONAL CONGRESS. Sess. I. Cir. 29. 18GI. eommiMioncd offi- provided, to every commissioned officer except the surgeon o( neial, 8ute«*'offi°ery"wrio "'"^ dollars per month lor every five years' service; and to tlieilhrera fcave resigned or may of the army of the United States, who have resigned nr may r-.-ign to resign. j^^ received into the service of the Conl'ederate States, thi> adilitional pay shall be allo«\'ed fmm the date of their entiaiice into the foimer service. There shall also be an additional monthly allowance to every general officer commandintj in chief a separate aimy ariuaily m the field, [of] one hundred dollars. Sec. 20. The pay of oliicers, as hereinbefore cstabli.-hrd, .-hall he The pay of offl'-ers in full of all allowances, except forage, fuel, quarters, ai^d tiaMlIinji ex- to be In full of ull al- ii . ii- i i ni ii r . /• i lowanccB. exct-iit ppnses while travelling under orders. I he allowance pective boud""""' "* '" ^'''" offices, give bonds, with good and sufficient sureties, to the Confederate States, in such sum as the Secretary of War shall direct, fully to ac- count for all moneys and public property which they /inay receive. Sec. 28. Neither the quartermaster general, the commissary gene- Nottoheconcpmed ral, nor any or either of their assistants, shall be concerned, dii'ectly iTrsaks"" '""'''''**^* or indirectly, in the purchase or sale of any articles intended for, mak- ing a part of, or appertaining to publrc sup|)lies, e.\cept for and on account of the Confederate States; nur shall they, or either of them, t:ike or apply to his or their own use any gain or emolument for negotiating any business in their respective departments, other than what is or may be allowed by law. • Sec. 29. The Rules and Articles of W^ar e.stablished by the laws of Rules and arttcten the United States of America for the government of the aririy are ""^ "^'"^' hereby declared to be of force, except that wherever the words "United States" occur, the words "Confederate States" shall be substituted therefor; and except that the articles of war numbers sixty-one and sixty-two are hereby abrogated, imd the following articles substituted therefor : "Article 61. Officers having brevets or commissions of a prior date to those of the corps in which they serve will take [)lace on courts marshal or of inquiry, and on boards detailed for military purposes, when composed of difTerent corps, according to the ranks given them ' in their brevet or former commissions, but in the regiment, corps, or company to which such officers belong, they shall do duty and take rank, both in courts and on boards as aforesaid, which shall be com- posed of their own corps, according to the comn5issions by which they are there mustered. "Article 62. If upon marches, guards, or in quarters, different corps shall happen to join or do duty together, the officer highest in rank, accdrding to the commission by which he is mustered iii the army, navy, marine corps, or militia, there on duty by orders from competent authority, shill command the whole and give oiders for what is ne.-^d- ful for the service, unless otherwise directed by the President of (he Confederate States in orders of special assignment providing for the case." ■ Sec. 30. The President shall call into the service of the Confede- Oniy such troop? »« rate States only s'o many of the troops iierein provided for as he may *';,«^'."'e'^"d '» be J .u r . f iL Vi r I • ^ called iDtwservioe. deem the safety of the Confederacy may require. Sic. 31. All laws or parts of laws of the United States, -which have Um rcpeaiei. TROVISIONAL CONGRESS. Sess. I. Cn. 30. 1861. been adopted by the Congress of the Confederate States, repugnant to or jnconiistent with this act, are hereby repealed. Approved JMaixh 6, 1861. March ", 1861. Cn-.r. X.\.\. — A)i Act to create the Clerical Force of tJie several Executive Departments of tht Confederate Stales of America, and for other purposes. Clerical fome of T/ic Coiigrcss of tkc Cojifedpratc States of America do cvad. That incntB. the crerical lorce o\ the several departments of the Confederate States of America ^liall con.si.st of the following officers : Clerks in the st.-iie To the State Department there t-hall be one chief clerk, at a .salary L!ici?*;aar'its." '*" of fifteen hundred dollars per annum, and one clerk, at a salary of twelve hundred dollars per annum, and al>o a messcno-er; whose annua! compensation shall be five hundred dollars. Clerks in iiie Trea- To the Treasury Department there shall be a chief clerk, whose »uTy Dfpartnient,and 1 1 11 1 /?i'. j 1 -j u 1 ,1 ,1 tiitir salaries. Salary Shall be rilteen hundred dollars ])er annum, and three oilier clerks, who shall receive each twelve hundred dollars per annum ; and there shall be one messenger, at an annual ccmpensation of five hun- dred dollars. Clerks to each of To each of the bureaus of the Treasury Department, viz. : the Treamr'^.v''Departm'r, Comptroller, the Auditor, the Register and the Treasurer, there shall and their sairtries. be a chief clcrk, whose Salaries shall be each fifteen hundred dollars per annum ; and to all of said bureaus there shall be twenty-two clerks, eleven of whom shall receive salaries of twelve hundred dol- lars each per annum, and eleven shall receive salaries ot one thousand dollars each per annum; and the said Secretary of the Treasury shall tiave power to distribute said twenty-iwo clerks among the said bureaus, as in his judgment will best subserve the public interest; essengers. ^^^j ^^ eacli of the ofiices of Comptroller, Auditor, Register and Trea- surer, there shall be a messenger, with an annual salary of five hun- dred dollars, ohtefofihe bureau To the War Department there shall be a Chief of the Rureau of uop^artnienT, and War, at an annual salary of three thousand dollars, and five clerks, their saiai its. who shall cach receive twelve hundred dollars per annum ; and one of them may be a|)pointed disbursing clerk, with an additional salary of six hundred dollars, who shall give bond with sureties, to be ap- MessenRer. proved by the Secretarj' of War. There shall also be one messenger, whose compensation shall be five hundred dollars per annum. And to all of the bureaus of the War Department, viz. : the Adjutant and Inspector General, Quartermaster General, the Commissary General, -, , , .^ ^ the Surcrton General, the Chief Enjrineer and the Artillery, there shall Clerks of the bu- , ,, ^ , , ' r , in • 1 1 r ^ i rtauB. be fourteen clerks, seven of whom shall leceive each a salary ol twelve hundred dollars, and seven a salary each of one thousand dollars per annum. Secretary of War And thc ScTctary of War is hereby authorized to assign said clerks d'lry.'^ ''" ''" * " to duty ill the respective offices enumerated, as in his ji'dgment will best promote the public service. And to each of said named bureaus, McFFCRgcrs to bu- except the office of Surgeon General, there shall be, if deemed neces- sary by the Secretary of War, a messenger, at an annual compensa- tion of five hundred dollars. A.mistant PnRttnas- To the Postolfice Department there shall be an Assistant Postmaster ..■i'''k3in the Post- General, with a salary of three thousand dollars per annum, and a 'i!^?r caiaVu*'^'""''''' ^^ief clerk at a salary of fifteen hundred dollars per annum, and ten other clerks, five of whom shall receive salaries each of twelve hun- dred, and five shall receive salaries each of one thousand dollars per PROVISIONAL CONGRESS. Sess. I. Ch.31,33. 1861. 63 annum. And there shall be one messenger, at an annual salary of Mossvingcr. five hundred dollars. To the Department of Justice there shall be an Assistant Attorney Assistant Attorney II r /» 1 I 1 1 11 ""i "*;'»<;'■'*' »"«' clerk ii» General, at a salary of twcnty-ns'e hundred dollars per annum, and the Dipnrimeiu of one clerk, whose annual salary shall be twelve hundred dollars, and Jj^^-^^c »" I 11 " 1 I I r 1 11 »"ury notes as shall have been countersigned by the register and deliverrd to the treasurer for issue. Tobe!B?ued!npay- Sec 4. Jlnd be it further enacted, That the Secretary of the Trea- linctly the date of such payment and the amount allowed upon such note ; and every such officer or agent shall keep regular and specific entries of all treasury notes received in pa}'- Kntriesof freaffury . 1 • , 1 /• 1 • 1 i»i L J 1 1 notes received in paj- ment, showing the person from whom received, the number, date and nient of pr.wic (iu«, amoint of principal and interest, if any, allowed on each and every •";"'' '*^*' character treasury note received in payment, which entries shall be delivered to the treasury, with the treasury note or notes mentioned therein, and if found correct, such oliicer or agent shall receive credit for the amount. Sec, 8. And be it further enacted, That the Secretary of the Trea- Secretary of tAe sury be and he hereby is authorized to make and issue from time to ruksras^o the^-uBtj^ time such instructions, rules and regulations to the several collectors, <'y. (li^pisai, etc., 8f receivers, cl^posifaries and all others who may be required to receive Buch treasury notes in behalf of and as agents in any capacity for the Confederate States of America, as to the custody, disposal, cancelling and return of any such notes aa may be paid to and received by them respectively, and as to the accounts and returns to be made to the nn^ the ncronn* Treasury Department of such receipts, as he shall deem best calcu- ^eceiS".""" °^ ""^ lated to promote the public convenience and security, and to protect the Confederate States of America, as well as individuals, from frauds and loss. Sec. 9. And be it further enacted, That the SecretaiT of the Trea- Payircntof {c«»?« BUry be and he hereby is authorized and directed to cause to be paid '^^ "*''"''• the principal and interest of such treasury notes as may be issued un- der this act, at the time and times when, according to its provi>ions, the same should be paid. And the said secretary is further authorized to purchase said notes at par, fur the amount of principal and interest due at the time of the purcliase of such notes. And so much of any unappr >priated money in the treasury as may be necessary for the purpose {■< hereby appropriated to the payment of the principal and interest on said notes. Sec. 10. And be it further enacted, That in place of such treasury other treaenry notes as may have been paid and redeemed, ofher treasury notes to [)""«"'«? ^«'5»««« «PP°'"ted. piratioM of this Provisional Government. And the said assistant trea- surer shall have the custody and care of all public moneys deposited in said place of deposite, and shall perform all the duties required by His Juties. law to be performed by assistant treasurers of the Confederate States, who shall give a bond with sureties for the faithful discharge of the Bond and security, duties of his office, which bond shall be lor the sum of one hundred thousand dollars, and the sureties shall be approved by the Secretary of the Treasury : Provided, That it sliall not be necessary that each Proviso, surety shall bind himself for the whole amount of the bond, but the aggregate amount for which the sureties are severally bound shall be equal to the fidl sum of one hundred thousand dollars: Provided, That each surety shall be bound for at least twenty thousand dollars. Sec. 2. Jlnd il is further enacted. That the salary of said assistant Assistant Treasu- treasuier shall be four thousand dollars per annum; and the said as- '■'^'' * ^"'"'y- sistant treasurer shall also perform the duties of treasurer of the mint, To perform the da- withoui any further compensation than is herein provided. tiufmint''^*^'*'"*'^'^' "' Approved March 9, 18G1. Chap. XXXV. — -lu Act further to provide for the organization of the Post Office Department. March 9,1361. The Congress of the Confederate Stites of America do enact, That chiefs o f bureaus, to the Post Office Department there shall be a chief of the contract fn'post'SS^^^^ bureau, a chief of the appointment bureau, and a chief of the finance ''}^'^*< and their-saU- bureau, each of whom shall be entitled to an annual salary of two "'^^' thousand five hundred dollars; also a chief clerk, who shall be entitled to an annual salary of fifteen hundred dollars; also a draftsman, for such time as his services may be required, at an annual salary of fifteen hundred dollars, or at that rate for a shorter period than one year; also ten cleiks at an annifal salary of twelve hundred dollars each, and ten additional clerks at an annual salary of one thousand dollars each. And the Postmaster General is hereby authorized to Postraaster General employ such other clerical force in his department as the exigencies ciericaUorce.'"'^'^*^'^ of the public service may absolutely demand, the salaries of such superadded clerks to be so employed by him not to exceed one tbou- pand dollars each ; but this power, together with tbe tenure of such appointees, shall extend no longer than the end of the first session of the next Congress. And he may also employ one messenger, at an Messenger an i la^ annual salary of five hundred dollars; and also two laborers, at an '""'="• expense of not more than one dollar and fifty cents ejch per day. Sec 2. Be it further enacted. That so much of an act entitled "An Act -ireatincr cieri- act to create the clerical force of the several executive departments of o^J° D^pJJ^jJ^g^**"^^^; the Conte-Jerate States of America, and for other purposes," as relates pcaicd. to the Post Office Department of the Confederate States be ajid the same is hereby repealed. Sec. 3. ^^nd be it further ennctemble for each session, to be computed by the u.^ual mail route from his residence to the seat of govfrnment. tame of the Presi- Sec. 2. Bc it further enacted, That the pay of the President of Congress shall be sixteen dollars per day, and the same mileage as the members. Approved March 11, 1861. 4eut of Congress. March 11, 18C1 Chap XXXVII. — An Art making appropriations for the support of Three Thousand Men for twelve months, to he cilleil into strvire at Chnrl'Slon. tioulh Carolina, under ihr third and fourth sections of An Art of the Congress " To raise Provisional Forces for the Confederate Stales of America, and for other purposes.^' ioppon of'*th°°Pro- '^^'^^ Congress of the Confederate States of America do enact. That TUionai iroopa. Ihc following appropriations be made for the support of the provi>ional troop-> called into service by the act aforesaid : Pay of the troops, .six hundred and fifty-eight thousand six hundred and eighty dullars. Forage for officers' horses and quartermasters' animals and cavalry horses, twenty thousand six hundred and sixty-two dollars. Subsis- tence for troops, two hundred and seventy thousand oollars. Clothing for the troops, two hundred thousand dollars. Camp and garrison equipage, eighteen thousand two hundred and sixty-seven dollars and seventy-two cents. Supplies for the quartermasters' department, seventy-six thousand one hundred and sixiy dollars. Fuel for troops and hospitals, fifty-nine thousand nine hundred and ninety-seven dol- lars. Medical and hospital department, twenty thousand dollars. And for additional Sec. 2. And be it further enacted, That the additional sum of eight intoMrTi°e.' '^^ ^ hundred and sixty thousand two hundred and twenty-eight dollars and fo) ty-five cents is hereby appropriated for the support of two thousand additional troops to be called into the service of the Confederate States for twelve months, at Charle.ston, South Carolina, whenever m the discretion of the President iheir services may be required. Approved March 11, 1861. ITftrrh 11 1881 Chap. XXXVITl. — An An making appropriations for the support of the Utsu'ar Army of thi ' Confederate Stales of America for twelve months, and for othir purposes. Appropriations for The Congrcss of the Confcderats States of America dc enact. That rtf uiar aray °^ *'*® the following appropriations are made for the support of the regular army for twelve months, viz. : For cxpense.s of recruiting and for transpoitation or recruits, one hundred and ninety-two thousand five hundred d hilars. Pay of the army, two millions seventy thousand four hundred and eighty-four dollars. I'oragc for officers' horses and for cavidry and lijiht artillery horses, one hundred and seven thousand two hundred dollars. Subsistence for troops, nine hundred and twelve thousand five hundred dollars. Clothing for the army, six hundred and forty-eight thousand seven hundred and eighty dollars. Camp ;'nd garrison equipage, sixty thousand dollars. Supplies for the quarter- master's department — consisting of fuel for the officers, enlisted men, PROVISIONAL CONGRESS. Sess. I. Ch. 38. 1861. 59 guards, hoi^pital;*, storehouses and offices; of foraj^ein kind for the horses, mules and oxen of the quartermaster's department, at the several po.-ts and stations and with the armies in thefit^ld ; nf po.-^tage on lettirs and packets received and sent by officers of thi' army on public si rvice : expenses of courts martial and courts of eiiquiiy, including the addi- tional compensation ot judge advocates, recorders, members and wit- nes.^es, while in t! at service; extra piiy to soldiers eniployed under the direction of the quartcimaster's dt'p,iitnieiit in the erection of bar- racks, quarters, storehouses and hospitals, for constant labor h)r periods of not less than ten days, including those employed as cleiks ; expense of interment of olFicers killed in action, or who die when on du;y in the field, or at the posts on the fiontiers, and of noii-coiiiiiiissioned offi- cers and soldiers ; authorized office furni ure ; hire of laborers in the quartermaster's department; compen-ation of cleiks of the officers of the quartermaster's department ; for the approhensicm of deserters and the expenses incident to their pursuit ; iur the following expenses required lor the regiment of cava ry and for the four batteries ot light artillery; namely, the purchase of travelling forges, blacksmith's and shoeing tools, horse and mule shoes and nails, irun and steel for shoe- ing; medicine for horses and mules; picket mpes, and for .-hoeing the horses of tlie corps named — three hundred and filly-three thousand nine hundred and fift;'-six dollars. For constructing bai racks and other buildings at posts which it may be neces.sary to occupy during the year, and for repiiring, altering and enlarging buihlings at the established posts, including hire or commutation of quaiters for otHcers on military duty, hire of quarters for troops, of storehouses for the safe keeping of military stores, and of grounds for summer cantonments and for temporary frontier stations, fur commutation of forage for offic^ers' horses when it cannot he drawn in kind, three hundred and fifty thou- sand dollars. Fur mileage, or the allocvance made to officers of the army for the transportation of themselves and their biiggagc when travel- ling on duty witiiout troops, escorts or supplies, thirty-five thousand dollars: Provided, That mileage shall not be Allowed when the officer ProTiso. has been transferred or relieved at his own request. For transporta- tion of the army — including the bnggage of the tioops whtn moving either by land or water, of horse equipments, and of subsistence — from the plnces of purchase, and from the phices of delivery under contract, to such places as the circumstances of the service niay lequire them to be sent, of ordnance, ordnance stores and small arms, freights, wharfage, tolls, and ferriages, hire of horses, mules and oxen, and the purchase and repair of wagons, carts and drays, and of ships and other sea going vessels required for the transportation of supplies and for garrison purposes, for dniyage and cartage at the several posts, hire of teamsters, transportation of funds for the disbursing dcpaitmonts, the expense of public tr nsports on the various rivers, the gulf of Mexico and tho Atlantic, six hundred and fifty thousand dollars. For the pur- chase of hor.ses for the regiment of cavalry and four batteries of light artillery, one hundred and sixty-three tho'usund two hundred dullars. Contingencies of the army, fifteen thousand dollars. For the medical and hospital departments, seventy-five thousand dollars. Contingen- cies of the adjutait general's depaitment, six hundred dollars. Arma- ment of fortifications and purchase of light artillery, two hundred and fifty thousand dollars. Purchase, manufacture and alteration of small arms, four hundred and fifty thousand dollars. For ordnance, ordnance stores and supplies, including horse equipments for the regiment of cav- alry and for light batteries, one hundred and ninety-nine thousand five hundred and forty dollars. 60 TROVISIONAL CONGRESS. Sess. I. Cii. 39. 1861. Secretary of War Sec. 2. ^iid be it farther enacted, That the Secretary of War, under ™f"app'ropriaiim.r 'to the direction uf tlie President, be and he is hereby authorized to apply v^rionai fords'" ^"' ^"y po''^''^" of the appropriations inade by this act to the support of the provision:!! forces wliich may bo called into service, whenever in his oj)inijn the same uia; be necessary. Approved March 11, 1861. March 11, 18G1. Cuap. XXXIX. — An Act to establish a Court of Admiralty and Maritimt Jurisdiction at K*9 Wtsl, ill the State of Florida. Court of Adiir.riity The CoHS^ress of tkc Confcdcrtite States of America do enact, Tlia.t at K.-y West, Stale of . f i • i. 1 ■.• ••!•.• t v Wt ^ • «u fiorida. a court oi admiralty and m;iritime jurisdiction at Key West, in th* Sla e of Florida, shal' be and is hereby created, which shall have cog- nizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under the revenue laws or laws of navigation and trade of the Confederate States, when the seizures are made or cause of complaint arises on waters which are navigable from the sea by vessels of ten or more tons burden, as well as upon the high seas, saving to suitors in uU cases the right of a comiuon law remedy, where Juriadiction. the remedy at common law is ample and complete. The said court shall exercise jurisdiction in all that part of the Slate of Florida which lies south of a line drawn due east and west from the northern point of Charlotte Harbor, including the islands, keys, reefs, shoals, harbors, bays and inlets south of said line. Sec. 2. The said court shall also have cognizance of all crimes and offences cognizable under the authorit}' of thv Confederate Slates arising upon the high seas and within the territorial limits aforesaid. And until otherwise provided by law of Congress, the laws of the United States in regird to crimes and offences, and to the mode of procedure, practice and trial in all criminal or penal cases, shall be in force and form the rule of practice and decision in the said court. Judge of saifi Sec. 3. There shall be appointed by the President, by and with the court, and his salary, ^jyj^g .,,-,j consent of Congress, a judge of said court, for the term prescribed by the Constitution, whoshall receive compensation atthe rate Whereto re.side. of three thousand five hundred dollars per annum, payable quarterly. The judge shall reside at Key West, in the State aforesaid, and shall hold Terras of court. two rcguhir terms of said court in each year, at Key West, the one commencing on the first Monday of May, the other on the first Monday Extraaession. of November in each year; and shall hold extra sessions of the same from time to time, at such places in said district as occasion may re- quire, to dispatch the business of said court. And the said court shall be at all times open for the purpose of hearing and determining all cases of admiralty and maritime jurisdiction. Marshal and clerk. Sec. 4. The said judge shall also appoint a mnrshal/ and a clerk for said court, who shall be in all respects subject to the p:ovisions of the act entitled " An Act to e^itablish the judicial courts of the Confederate States of America," so far as (he same relates 1o the bonds, caths, qualifications, powers, duties, liabilities and official conduct of the ch rks or marshals respectively, and to the remedy for any violation of Tiieirfeej. duty, breach of bond or other official delinquency. And they shall also have the same fees for their re.>f one Quarti. rmasier general with the rank of colonel, one assistant quarlermas er general witli the rank of lieutenant cclonel, four as>i>tam qnarterlTla^ters with 'he rank of major, and such other oifiv-ers in that di paitnient as are alre.idy provided by law. romrnisi.'xry Gen- Skc. 4. Be U further eiKicted, That the ct)minissary general's de- orKaniz-d ^'^''°^°' '^^' P^''t'^*^"t sh.ill consi.-t of one conuiiissary general with the rank of colonel, one commissary with the rank of lieutenant culunel, one com- missary with the rank of major, and three commissaries with the rank of captain; and as many assistant commissaries as may from tiine to time be retjuired by the service may be detailed by the War Department fi-om the subalterns of the line, who, in addition to their pay in the line, shall receive twenty dollars per month while engaged in that, service. Commissions to om- Sec 5. Be it further enacted. That in all cases of officers who have eers of u. s. ana*- lesi-J-ned, or who mav within six months tender their resignations and been appointed from the army of the United States, and who have been or may be In t"he°armVVf''ui.- o! ipp 'i'lted to Original vacancies in ihe army of the t'onl'ederate States, s., to bear the same the com.'nissidns issiied shall bear one and the same date, so that the relative rank of officers of each grade shall be defeiinined by their former commissions in the United states army, held anteiior to the secession of these Confederate ^-tates from the United States Oath prescribed for Sec. 6. B^. it further eadcted, That every officer, non-commissioned Bimier\,ffi"-s,"7nusr- officer, musician and private shall take and subscribe the Ibllowing oath ciaijs and privates, or alfirmation, to-vvit: I, A. B., do olemnly swear or affirm (as the case may be) that while I continue in the service I will bear true Aiith and yield obedience to the ('onf(!derate States of America, and that I will serve them honestly and faithfully against their enemies, and that I will observe and obey the orders of the President of the Confederate States, and the orders of the officers appointed over me, according to the rules and articles uf war. Laws mii.itating Sec. 7. Be it further enacted, That all laws and parts of laws mili- pfaied! ""' *"'' '^^' fating against this act be and the same are hereby repealed. Approved March 14, 1861. March M, 1861. Chap. XLII.- jln Act to regulate Foreign Coins in thi Confederal) Slatei. Laws of the u. s. The Cons^refis of the Confederate States of America do enact, That themintrand'bnrnX all 'aws and parts of laws now in force for the regulation of the mint mints, declared to be and branch mints of the United states, and for the government of the officers and persons employed therein, and for the punishment of all offences connected with the mint or coinaire of the United States, shall be and thev are hereby declared to be in full force in relation to the mints of New Orleans and Dafilonega. AisotheiavTsorthe Sec 2. That all laws now in force in reference to the corns of the foins an,?rnin'^'^ ''' Uuitcd Statcs, and the strikingand coining the same, shall, as far as ap- plicable, have full force and effoct m relation to the coins therem author- ized, wMiether the said laws are penal or otherwise, and whether they are for preventing counterfeiting or debasement, for protecting the PROVISIONAL CONGRESS. Sess. 1. Cii. 43. 1861. 63 currency, for rrgulalin"; and guarding the process of ftriking and coin- ing and the preparations therefor, or tor the security of the coin, or for any o'her puipoi^e. Sec 3. That the silver coin-^ issued in confornnity with the Ia\v[s] of silver coins isnaed the United States of twenty-first of February and third of March, ^p-J/i^fp*^;' '^^^^^8^ eighteen hundred and fifty-thiee. shall be legal tenders in payment of Macii, i863, made debts for all sums not exceeding ten dollars, all laws to the contrary '«eii"'=°^^''*- notwilhstiinding. Sec 4 Th;it the following foreign gold coins shall pass current as Foreigii gold e»u money within the Confederate States of America, and be receivable '» Pi^^' current m for tlie payment of all debts and deniands at the following rates, that rat*e3.*' is to •^ay : The sovereign of England, of no less a weight than five pennyweights and three grams, and of the finen«'.-s ot (915^) nine hundred and fifteen and one-half tbou-arrdths, shall be deemed equal to four dollars and eighty-two cents. The Napoleon, of the weight of not less than (4 dvvts., '6^ g'""^--) four pennyweights three grains and one-half, and of a finene.-s of not le.^s than (899) eight hundred ninety-ninth thousanilths, shall be deemed tqual to three dollars and eighty-two cents. The Spani.'^h and Mexican doubloons, of no less a weight thutj (17 dwts., 85 grs.,) seventeen pennyweights eight grains and one-half, and of the fineness of not less than (899) eight hundred ninety-ninth thousandths, shall ue deemed equal to fifteen dollars and fifty-' hree cent>. S.C. 5. That the following silver coins shall pass current as money SiiTcr coins to pws within the ("onlederate states of America, :ind be receivable in payment certain' raui."'"'^' ** for :d! debts and demands at the following rates, that is to say : The American dollar, (41222.) four hundred and twelve and one-half grains, and the dollar of Mexico, of not less than (897) ei 1S61. Cu.\r. XLVIII. — An Act to appoint a Second Auditor of tlu Treasury. The President to The Coiif^rtss ()f the Confederate Statis of America do enact , That u!7of''theTreat=ury"" ^^^^^^ ^^^^" ^^ appointed by the President, by and with the advice and consent of the Congress, an additional officer for the Treasury Depart- ment, to be called the Second Auditor of the Treasury, who shall be charged with the auditing of accounts for the War Pepartment, and who shall receive for his services a salary of three thousand dollars per annum. Approved March 15, 1861. Mivrch 15, 1S61. CnAP XLIX. — An Art vesting certain Powers in the Postmaster General. The Postmaster The Coiigrcss of the Confederate Statcsof America do enact, That Ocnerai nuthori/.ed j^, j.jjg event of a discontinuance of the postal service in any of the tn reneCT, provision- • i i i /• i ally, the contracts Confederate States, as now carried on by the government of the "»f'8''cr''vice\'8Vow United States, before the Postmaster General of this Confederacy P'^rformed, and to shall have prepared the new service, under the provisions of the act jioVt'in'^aaters and already pa.ssed by this Congress, it shall be lawful for the said Post- •iiier^tmaster General have To issue circular in- power to issue circular instructions to the several postmasters and t^rs ami other officers other officers still performino; service under the appointment of the rtrfonning service United States, in order to enforce the rendition ol the proper accounts mcntof ti.eu. s. and payment of the moneys collected by them per account of the United States, until the Po.s'ma.-ter General shall have issued his pro- clamation announcing; that the former service i.s discontinued and is replaced by the new service organized under the authority of this g:)vernment. Sec. 5. That it shall be lawful for the Postmaster General to allow Mn.v .-uiow c:^preF« express and other chartered companies to carry letters and all mail ".'^nip;;''',^,^ ',o'^''carry matter of every description, whether the same be enclosed in stamped i.uers and other mail envelopes or pre-paid by ^tamps or money; but if the same be pre- '""* paid in money, the money shall be paid to some postmaster, who shall stamp the same paid, and shall account to the Po.>t-Oiiice Department for the same, in the same manner as for letters sent bv the mail; but Ri^puiations con- •/• -III 4i .1 i\ "' •■_ cpr;iii!s the pr»-pay- if prepaid by stamps, then the express or other company recen ing n,^.,,^ ^f po.nd dollars. For custora-iiouse, Custoin-House, JVew Orleans. — For roof, and preserving unfinished work upon the custom-house at New^Orleans, the sum often thousand dollars. For fitting up suitable rooms for the accommodation of the courts, and clerk's office at New Orleans, the sum of fifteen thousand dollars. Approved March 15, 1861. •t Charleston. 4t New Orleans. March 15, 1861. Bureau of Indian kffairs, eiitabllshed. Commissioner of In- dian allaird and clerk. Their ealariCB. Chap. LIL— An Act to establish the Bureau of Indian Affairs. The Congress of the Confederate States of America do enact, That an additional bureau in the War Department be and the same is hereby established, to be known as the Bureau of Indian Afiairs, and charged with the management of our relations with the Indian tribes. Sec. 2. Be it further enacted, That the President, by and with the advice and consent of the Congiess, may appoint a Commissioner of Indian Affairs and one clerk, to take charge of the business of the bureau hereby established, the salary of the commissioner to be twenty-five hundred dollars per annum, and the salary of the clerk fifteen hundred dollars per annum. Approved March 15, 1861. March l."), 1861. Chap. LIII. — An Act to exempt from Ditty certain articles of Merchandise therein named. U. B.— remitted. The duty on com- The Cou^rcss of the Confederate States of America do enact. That modities bona fide , , ,, , /• ■ m • i i "; i • j i j i purdinse.i or con- the Secretary of the Ireasuiy is hereby authorized and empowered to fore' the"'isth*'ii'Jb '■^'^'^ ^^^ ^"^J '" ^" ^ascs vvherc commodities were bona fide pm- i8Gj, within tiie late chascd or Contracted for on or before the 18th day of February last, vrithin the late United States, where the importer has not been able to comply with the provisions of the act to define more accurately the ex- emption of certain goods from duty, which required that the goods, ■wares and merchandise should have been actually laden on board of the exporting vessel or conveyance destined for any port in this Con- PROVISIONAL CONGRESS. Sess. I. Ch. 54, 55. U 61. tl federacy on or before the fifteenth day of March in the present year : Provided, Such testimony is furnished the Secretary of the Treasury Proviso. by the importer that it was impossible to comply with the provisions o? said act, and also the demand and collection of said duty has operated injuriously to him or them beyond the commercial effect upon articles of consumption by the imposition of duties. Sec. 2. Jlnd be it further enacted, That all books, pamphlets and Pooks, etc., pnb- tracts and other publications printed and published by any church or ^ofh^wJcMxnso^lly, tablished to the satisfaction of the Secretary of the Treasury in 'a manner to be prescribed by him. ' Approved March 15, 1861. CUAP. LIV.-.4„ Aa to fi, the Duties on ArticUs t!urnn „a:ned. ■ „,,,h ,5, jg,,. Th(^ [Congress of the] Confederate States of A7nerica do enact That a" vMoren, Hut, an ad valorem doty of fifteen per cent, shall be imposed on the follow- IXilf JpUdV*" mg named a.l.cles imported trom abroad into the Confederate States America, m lieu of the duties now imposed bv law, to wit: Coal cheese, iron in blooms, pigs, bars, bolts and slabs; and on all iron in a less manufactured .state; also on railroad nils, spikes, fishin- plates and chairs used ,n the construction of railroads; paper of all sorts and all manufactures of; wood, unmanufactured, of all .orts. Approved March 15, iSGi, Chap. LY.—An Act making appropriations /„,. ,■ fourth Rbruari,, eig/iteen •.,„',''^T''!^'r''''" ^'"^'V M the ytar ending March 15, 18«1. 'nana and stxty-two. The Congress of the Confederate States [of America] u^ c. ....-, the following sums be and the same are hereby appropriated for the ob- emifng the 4th Feb.. jects hereinafter expressed, for the year ending the fourth day of Feb- ^^*''- ruary, one thousand eigf:t hundred and sixty-two, namely : 1st. For the pay of ofhcers of the navy on duty and off duty, based For officers on doty upon the presumption that ail the giades authorized by the act of ""' ° " ^' eighteen hundred and sixty-one will be filled, one hundred and thirty- one thousand seven hundred and fifty dollars. 2d. For the pay of officers, non-commissioned officers, musicians For narine corp«. and privates of the marine corps, one hundred and seventy-five thou- sand five hundred and twelve dollars. 3d. For provisions and clothing and contingencies in paymaster's For pr^yisiong and depirtment, one hundred and thirty-three thousand eight hundred and p,^,Vi'"g^ in" pnyma"- sixty dollars. ter'a department. 4th. For the pay of warrant and petty officers, and of five hundred For warrant and seamen, ordinary seamen, landsmen and boys, and engineer's depart- f^Jn^ gtc^'^and enjtl" ment, one hundred and sixty-eight thousand dollars. neer's dejartment. 5th. For expenditures which will be required for coal for the use of F.Tcoai for steam- steamers, two hundred and thirty-five thousand dollars. '"■ Gth. For the probable cost of ten steam gunboats for coast defences For Btcam gnn- of the Confederate States, to be built or purchased, as may be most **"*'"' convenient, one million one hundred thousand dollars. 70 rnOVISIONAL CO^'GRESS. Sess.I. Cn. 56, 57, 58. 1861. Kor steam sloop 7th. For the probable co.>;t of completing and equipping the steam y^^on. sloop Fultou, now at the Pensacola navy varcJ, tweuty-five thoui^and dollars. For pay of oflicirs 8th. For thc pay of officers and others at the navy yard, Pensacola, «ndoiiH.i8atti.eNa- fjfty.four thousauil three hundred and sixlv-tluee dollars. For okrk« .it the 9th. For Compensation of four clerks on duty at the Navy Doparl- Nivy Depaitment.. pient, as per act of eleventh of March, at fifteen hundred dollars each, six thousand dollars. Approved Ma'"'' ^-^i l"-"!- March 1.5, isr.l . Cn.r. LVI _.4u Act to autnorhc the transit of 3Icrc?,and!se thron.h tJu Confederate Stata. Merchandise > m - The Congvcss of the Covfeikrute States of America do enact, That K'dTaCVrHn^; coods, warcs aud merchandise imported from any fure.gn country thr:ugM';r;c.s.Vee j^to ^be Confederate States, destined for a/,y foreign country ma> •''"'"• be entered and have transit through the Confederate States free ot dutv, subject to such regulations as the Secretary ot the Treasury from lime to lime shall make ; and the said Secretary of Treasury shall have power to make such regulations as he may deem expedient lor the caiev of the revenue and for the public convenience, which regu ations may be enforced in the manner prescribed bj law as to other regulations in relation to the revenue. Appkoved March 15, 1861. March !.'>, V^CA. C.iAP. h\n.-An Ad to repfnl the Third Section of Anjr J^^„ mudilies therein named, andj"' " ^ -f ™, ^ r jj „ ri,,^f.,jprnfr Stat(s of America do enact, That The Congress of the Lovjcaeiait ut^r j • u . u \ X- r „,.♦ r^o«<;pd FebfLiary eighteenth, eighteen hun- nica..i. .ji x^- ,. \h\rA section ot 9n act passtu i <■•' jo ■ . • 1801, exempting cer- ttic miiQ scLiiuii ui .^ii « ^ . ^^t to exempt from duty certain com- taiii comiiioilities A,-p,\ and SIXtV-One, enlltleu n.\\ ■ r 1 ji . • from duty, repeakd. f^'^a ann ^'^'J ' ^,,,j jor other purposes,-' be and the same is modifies theiein nam-^^ c,. la.l/r laws shall apply to the State of ,.. her.QjjVijigYf^'-fiig j].,{p qC i^g,. admission into this Confederacy in the same manner as the same ap{)ly to the other State.:. Approved March 15, 1S61. The "(1 section of he act I 801, exi tain c Ma!-oh IC, ISRI. Chap. LVIII.— .-l;! Act. to provide for liie Orgnnizalion of the Xavy. The President au- "^^^^ Congrcss of the Confederate States of America do enact. That thor.zed to appoint (.he President be authorized to appoint, in the manner prescribed by ofthuKavy, law, the following commissioned officers of the navy, viz : four cap- tains, four coiumanders, thirty lieutenant?, five surgeons, five assistant surgeons, six paymasters and two chief engineers, and to employ as many masters, niidshii)ii:eu, engineers, naval constructors, boatswains, (ind to employ inas- •' , 'i i t ,\ . ^ ^. rr j tera, midshipmen, guuncrs, carpcntcrs, sailuiakers and other warrant and petty officers and ***• seamen as he may deem necessary, not to exceed in the aggregate three thousand. naraiVflvlr^-''^ "^ ^^-^- ^- '^^''' annual pay of said ofhcers shall be as follows, viz : ofCaptains; [^dqituins.] — Capfaiiis, when commanding squadrons, five thousand dollars. All other captains on duty at sea, four thousand two hundred dollars. On other dutj, three thousand six hundred dollars. PROVISIONAL CONGRESS. Sess. I. Cii. 58. 1861 When on leave or waiting orders, three thousand dollars. Commanders. — Every connmander on duty at sea, for the first five of Commandei years after the date of his commission, tvro thousand eijht hundred and twcntj'-five dollars. For the second five years after the date of his commission, three thousand one hundred and fifty dollars. Every commander on other duty, for the first five years after the date of his commis.sion, two thousand six hundred and sixty-two dollars. For the second five years af:er the date of his commission, two thou- sand eight hundred and twenty-five dollars. All other commanders, two thousand two hundred and fifty dollars. Lieutenants commanding at sea, two thousand five hundred and fifty dollars. Lieufemnts.—Eycry lieutenant on duty at sea, one thousand five of Lieutenant., liuiidred dollars. After he shall have seen seven years' sea service in the navy^ one thousand seven hundred dollars. After he shall have seen nine years' sea service, one thousand nine hundred dollars. After he shall have seen eleven years' sea service, two thousand one Ijundred dollars. After he shall have seen thirteen 3'ears' sea service, two thousand two hundred and fifty dollars. Every lieutenant on other duty shall receive one thousand five hun- dred dollars. After ho shall have seen seven years' sea service in the navy, one thousand six hundred dollars. After he shall have seen nine years' sea service, one thousand seven hundred dollars. _ After he shall have seen eleven years' sea service, one thousand eigiit hundred dollars. ^ After he shall have seen thirteen years' sea service, one thousand eight hundred and seventy-five dollars. Every lieutenant on leave or waiting orders, one thousand two hundred dollars. After he shall have seen seven years' sea service in the navy, one thousand two hundred and sixty-six dollars. After he shall have seen nine years' sea service, one thousand three hundred and thirty-three dollars. After he shall have seen eleven years' sea service, one thousand four hundred dollars. Aftei he shall have seen thirteen years' sea service, one thousand four hundred and fifty dollars. Masters. — Every/nastcr in the line of promotion, when on duty as of Musters; such at sea, one thousand two hundred dollars. When on other duty, one thousand one hundred dollars. jjWhen on leave or waiting orders, eight hundred and twenty-five dollars."'^^^'^- — J'^very midshipman at sea, five hundred and fifty of Mid^hipmei.; When on ., , - When on lea^.'" ""'•^'' . . ^ hundred dollars. Surgeons. Ever ^^'^'^^"S orders, four hundred and fifty dollars. after the date of his"' coil""*:^" ^"^ ^"^-^ ^^ sea, for the first five years dollars. For the geon, two thousand four hundre Mssion as surgeon, two thousand two hundred of Surgeons; second five years n, ., , . ^ , . ^r^,,..^A f„.,.. I i.'ter the date of his co "^ dollars. mmission as sur- PROVISIONAL CONGRESS. Sess. I. Ch. 58, 1861. of Assisstant Sur^ Ceons ; of PayaiasterB ; For the third five years after the date of his commission as surgeon, two thousand six hundred dolhtrs. For the fourth five years after the date of his commission as surgeon, two thousand eight hundred dollars. For twenty years' service and upwards, after the date of his com- mission as surgeon, three thousand dollars. Fleet surgeons, three thousand three hundred dollars. Every surgeon on other duty, for the first five years after the date of his commission as surgeon, two thousand dollars. For the second five years after the uate of his commission as sur- geon, two thousand two hundred dollars. For the third five years after the date of his commission as surgeon, two thousand four hundred dollars. For the fourth five years alter the date of his commission as surgeon, two thousand six hundred dollars. For twenty years' service after the date of his commission as sur- geon, two thousand eight hundred dollars. Every surgeon on leave or waiting orders, for the first five years after the date of hks commission as surgeon, one thousand sis hundred dollars. For the second five years after the date of his commission as sur- geon, one thousand eight hundred dollars. For the third five years after the date of his commission as surgeon, one thousand nine hundred dollars. For the fourth five years after the date of his commission as surgeon, two thousand one hundred dollars. For twenty years' service and upwards, after the date of his com- mission as surueon, two thousand three hundred dollars. Assistant Surgeons. — Every assistant surgeon on duty at sea, one thousand two hundred and fifty dollars. When on other duty, one thousand and fifty dollars. When on leave or waiting orders, eight hundred dollars. Paymasters. — Every pny master on duty at sea, for the first fiveyeari after the date of his commission, two thousand dollars. For the second five years after the date of his commission, two thousand four hundred dollars. For the third five years after the date of his commission, two thou- sand six hundred dollars. For the fojrlh five years after the date of his commission, two thousand nine hundred dollars. For twenty years and upwards after the date of his commission, three thousand one hundred dollars. Every paymaster on other duty, for the first five years after the date of his commission, one thousand eijiht hundred dollars For the second five years after the date of his commission, two thousand one hundred dollars. For the third five years after the date of his commission, two thou- sand four hundred dollars ^^^^ For the fourth five years after the date of his commissio- thousand six hundred dollars. I^jg ^om- For twenty years' f-ervice and upwards, after tlie date mission, two thousand eight hundred dollars. „ n^^L /?,._ ,.„„ra T, , , - •-• J r lie nrsi uve jeaia Every paymaster on leave or waitmg orders, fo- hundred dollars. after the date of his commission, one thousand/ For the second five years after the d- thousand six hundred dollars. ^ , . ^^^-.c^-.f^r, T? 41 iu- J c fi iu j-e of his commission, for the thud five years after the d sand eight hundred dollars. of his commission, one one thou- PROVISIONAL CONGRESS. Sess. I. Ch. 58. 1861, 7a For the fourth five years after the date of his commission, two thou- sand dollars. For twenty years' service and upwards after the date of his com- mission, two thousand two hundred and fifty dollars. Engineers. — Every chief engineer on duty, for the first five years after the date of his commission, one thousand eijht hundred dollars. For the second five years after the date of his commission, two thousand two hundred dollars. For the third five years after the date of his commission, two thousand four hundred and fifty dollars. After fifteen years after the date of his commission, two thousand fix hundred dollars. Every chief engineer on leave or waiting orders, for the first five years atter the date of his commission, one thousand two hundred dollars. For the second five years after the date of his commission, one thousand three hundred dollars. For the third five years after the date of his commission, one thou- sand four hundred dollars. After fifteen years' service after the date of his commission, one thousand five l)undred dollars. Every first assistant engineer, on duty, one thousand two hundred and fifty dollars. When on leave or waiting orders, nine hundred dollars. Every second assistant engineer on duty, one thousand dollarp. When on leave or waiting orders, seven hundred and fifty dollars. Every third assistant engmeer on duty, seven hundred and fifty dollars. When on leave or waiting orders, six hundred dollars. Warrant Offiers. — Ever}' boatswain, gunner, carpenter and P-^c? maker on duty at sea, for the first three years' sea service - ' date of his warrant, one thousand dollars. ^i his warrant, For the second three years' sea service after th'' one thousand one hundred and fifty dollars-i the date of his warrant, For the third three years' sea serviriars. one thrusam two hundred and P.-i'ervice after the date of his warrant, For the fourth three yeajc and filly dollars, oi^e thou-and three Iva service and upwards, one thousand four hun- For twelve vniars. dred and^/J 'other duty: W the first three years of sea service atter the date of warrant, eight hundred dollars. For tlie second three years' sea service after the date of his war- rant, nine hundred dollars. For the third three years of sea service after the date of his warrant, one thousand dollars. For the fourth three years' sea service after the date of his warrant, one thousand one hundred dollars. For twelve years' sea service and upwards., one thousand two hun- dred dollars. When on leave or waiting orders : Foi- the first three years sea service after the date of his warrant, six hundred dollars. For the second three years' sea service after the date of his warrant, seven hundred dollars. For the tfiird three years' eea service after the date of his warrant, eight hundred dollars. For ihe fourth three years' sea service after the date of his warrant, nine hundred dollars. of logiDceri: . arrknt Officer*. 71 PROA^SIONAL CONGRESS. Sess. I. Cii. 5?. 1861 For twelve years' sea service anJ upwards, one thousand dollars. Commi's'onci offi- And be it further enacted, That the commi>sioned odiccrs hcrein- ^'^dari^g'^rccrja" of before provided for, and who shall not be nominated before the ad- congress. joumment of Congress, may be appointed by the President during the recess, to hold their commissions until the next session of Congress. Ungth of s^vi'-e g^c 3, \^ Computing the lenjjth of service of such officers as were of O. 8. n.ival nfticers ,,11.1 ' P \ tt ■ \ m 1 ii rec-ivt-a into the sir- attached to the navy ot the United States, but who have resigned, and cimputid!^ ''' ^''"" '^^^'® ^*^*^" °^ maybe received into" the service of the Confederate States, th i ■ period of service in the navy of the United States shall Soaservice.d.niiod. be included ; and no service shall be regarded as sea service in the purview of said act but such as shall actually be performed at sea, and in vessels employed by authority of law. Pay of Beamen to Sec. 4. The pav of seamen of the navy shall be determined by the b' dt-tcrmincd oy the r>-i 11 ^ \ \ • 1 • • • PicsiUcnt. rresident, and may be altered by him irom time to time as circum- stances may require. Co-ps of mnrines. g^c. 5. There shall be a corps of marines, to consist of one major, Thsir pay and a'low- , ; ^■ , , , • taoes. one quartermaster, one paymaster, one adjutant, one seigeant major,^ one quarternjaster sergeant, and six companies, each company to consist of one captain, one first and one second lieutenant, four sergeants, four corporals, one hundred men and two musicians; and the pay and allowances of the otTicers and enlisted men shall be the same as that of the officers and enlisted men of like grade in the infantry of the army, except that the ration of the enliited marines shall be the ration allowed by law to seamen. 21,!;!^'^"' Depar't- ^EC. 6. The following officers shall be attached to the Navy Dcpart- ■ "ir ment, to wit: An officer, not below^ the grade of commander, who shall Si-oharged with the purchase or preparation of ordnance, ordnance such o«f] supplies and equipments, and with hydrograph}', and with assign to him-ps as the Secretary of the Navy may from time to time signaled as the otnd^cer not below the grade of lieutenant, to be de- of the Sjcretary of the rrders and detail, who shall, under the orders for service, and who shall alsoprepare and issue all orders and details the Navy, have charge of all matlersthe direction of the Secretary of martial and courts of enquiry, and with'tthings connected with courts papers thereunto appertaining, and perform sutndy of all records and to the personnel of the navy, as the secretary may"^'; duties relating direct ; a surgeon or an assistant surgeon, who shall, undertime to time of the Secretary of the Navy, make all purchases of medicTiTeftion medical supplies for the navy, and perform such other duties appertaifl- ing to the medical department as the secretary may from time to time direct; a paymaster, who shall, under the direction of the Secretary of the Navy, make all contracts for or purchases of provisions, clothing and coal for the use of the navy, and perform such other duties N^irtf"7porntone ?^ ^^^ Secretary may direct. The Secretary of the Navy is author- cierktoai'd eachoffi- i^ed to appoint One clerk to aid each of the above officers in the "*""■ His salary. discharge of his duties, whose annual salary shall not exceed fifteen hundred dollars each ; but the officers therein detailed for duty shall receive no compensation for their services beyond their regular jpay as on other duly. qu?;ed''toTi'u [he ^^^' ^- }\ ^'^^'^ ^?^ ^'^^ ^^"^y of the quartermaster of the marine pjsts of the marine corps to visit the different posts where portions of the corps may be ''"'^''^' stationed, as often as may be necessary for the proper discharge of his duties. Reiruiations for the Sec. 8. It shall be the duty of the Secretary of the Navv to prepare government of per- „„,i .,.,1 i- 1 1 i- c n 1 /• .• "^ ' ' sonsinthoaavaiser- 3"" publisti regulations for the general government of all persons con- ^'"- nected with or employed in the naval service, which regulations shall rnO VISIONAL congress. . Ses3. I. Cn. 59, 60, 61. 1861. 75 take efTect as soon as thoy shall be approved by the President and publitihed. Seo. 9. All laws of the United States heretofore enacted for the J;Zlon[\n^ut\L srovernment of the officers, seamen and marines of the nav}'- of the this act, adopted. United States, that are not inconsistent with the provisions of this act, are hereby adopted and applied to the ofiicers, seamen and ma- rines of the navy of the Confederate States. Sec. 10. ThePrcsident may determine the relative and assimilated fieeri^Mho nary tJ'- rank which officers of the navy shall hold toward those of the army, ward those of tL* •' -^ anny. Approved March 16, 1861. Cu.vr. LIX— ^l»i Act .u , ' '-'I't Money in the Coii/tdcrcite Stales. jiarfch Ifi ^S61 The Con^r^s of the Confederate States of yiniL, .. __1_ — LJ — ; — a duly of five cents per ton, to be denominated " Ligfit iMontrf , That l; ,.i, t mon , , ' . "^ i ■ i i i i • • ^ i i n • in putyto executf pro- when the term f'T which the marshal is appointed shall expire, snail term of court a'f^ur ^ave power, notwithstanding, to execute ail such precepts and process his removal or the as may be in their handfs] respectively at tlie time of such removal or expiraioaof bisterm •.• r/r -ii a^i'^l . lii li Of office. expiration of office, until the next term ot the court ; and llie marshal ,. ,.,.. , shall be held answerable for the delivery to his successor of all prison- Lialulity of mar- , . . i • i • i • r i • i •hai for prisoners in ci's wliicl) may be in his custody at the time ot Ins removal or resig- his custody. nation, or when the term for which he is appointed shall expire, and . for that purpose may retain such prisoners in his custody' until his suc- cessor shall be appointed and qualified as the law directs ; or he may deliver his prisoners to the keeper of one of the jails of the state in ■which he is marshal, in cases where by law of such state it is made the ' duly of jailors to receive them. Writs and process. Sec 7. All Writs and process, either mesne or final, which shall issue from the Supreme Court, shall bear test in the name of either of Seals of the courts, the judges thereof; and all issued from the di.-trict court shall bear test of the judge of such court, and shall be under the seal of the PROVISIONAL CONGRESS. Sess. I. Ch. 61. 1861. 77 court from whence they issue, and be signed by the clerk tlereof. The seals of the Supreme and district courts to be provided by the respective judges of the same. Sec 8. The judge of each district shall appoint the times and places Tine and place of of holding the courts in his district, and whi-re, under the laws of the j^olfrw^ District United Slates, his state was divided into tvvo or more districts, he shall annually hold not less than tvvo terms of his court in each of tliese whpn District districts, as they existed on the first dav of November, 1860. Hut in •^"'';-'.« f, ^''^'^'^k! T • • 1 I 11 -1 "i 1 1 1 • XT ^ !•( quired to hold hit Louisiana he shall only be required to hold his court out ol New Or- court out of New Or- leans at such time or limes as he may consider the public interest re- ^**"*' quires him to do, and the counties, di^lricts or parishes which consti- tute the divisions of his di>trict, shall be the same as tho^e which con- stituted the districts under the laws aforesaid. Sec 9. The said judges, before they proceed to execute the duties Oath of Judgct. of their re,-pective othces, shall take the oath or afilrmation presciibed in the constitution, and shall also swear or affirm to administer justice, without respect to persons, and to do equal right to the poor and to the rich, and faithfully and impartially to perform and discharge all the duties of his oflice, agreeably to the constitution and laws of the Con- federate States, to the best of his ability. Sec. 10. The district courts shall have jurisdiction, concurrent with Jurisdiction of Di»- the courts of the several states, of all civil suits at common law or in '■'"^^ '^"""** equity where the matter in dispute, exclusive of co>ts, exceeds the sum or value of five thousand dollars, and where the character of the parties is sucli, as by the constitution to authorise said court to enter- tain jurisdiction. I)Ut no per>tance actually travelled in the service of such process, upon the most direct route, computed from the place of holding such court ; and if there be more tlian one defendant in the same case in one county, but one charge for mileage shall be made. Skc. 16. Both the district and supreme courts, and the judges there- iw.ire facias and ha- 01, out 01 term, siiall liavc powcr to issuc writs of injunction, scire ''"^s '=<"'P"^^- facias and habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their re- spective jurisdictions, and iigrceable to the principles and usages of law : Provided, That writs of habeas corpus shall, in no case, extend to prisoners, unless when they are in custod}' under or by virtue of the authority of the Confedeiate States. Sec 17. The rules for taking the deposition of any Avitncsses in a Ee^e'sTn'oas^satiAw! ^^^^ ^^ '^^^'i ^vhosc attendance cannot be procured, shall be the same as are in force by law in the highest court of oiiginal jurisdiction in the state in which such depositions are to be used ; and they shall be read in evidence upon the trial of the cause, subject to all legal ex- ceptions to which they would be liable in the said court of the slate. No witness, under any circumstances, shall be compelled to attend a Auen(i.-\ncc of wit- court in a civil cause in any other district or division than that in which he resides ; and where his attendance cannot be procured, his deposi- tion may be taken. In suits in (?quity, depositions shall be taken under a commission issued under the seal of the court, in the same manner and under the same rules and regulations in and by which depositions Besse^TnsuHsinequi- may be taken in the highest court of original equity jurisdiction in the 'y- state in which such depositions are to be used, and when so taken they shall be read upon the hearing of the cause, if subject to no legal ex- ception ; and the said district courts may, also, on application thereto Perpetuating lesti- ^g ^ court of equity, dircct depositions to be taken to jicrpetuate tcsti- """'■ ^ mony relating to matters cognizable in any court of the Confederate States, such depositions to be taken according to the law and practice ProTiso as to depn- in the state in which the order is made: Provided, That in Louisiana uiina'ilnd^Ti.-xaa!''" and Tcxas depositions may in all cases be taken according to the laws regulating the practice of the highest courts of original jurisdiction in these states. .Tudses of District ^^'C- 18- Thc judgcs of the scveral district courts may, each for his Courts may lirpoiiit owu district appoint as many commissioners as he may deem neces- commissioners; tbeir ^^^^^ ^ ^^ administer oaths and take acknowledgements of deeds or other PROVISIONAL CONGRESS. Sess. I. Cii. Gl. 1861. 79 papers, and take depositions, which acts of such commissioner shall have the same force and effect in all the Confederate States and the courts thereof as if done by a judge of such court. And any person swearinp faisety swearing falsely in any oath or matter before such commissioner, shall, before copjmissiontK. upon conviction, be liable to the same punishment, as if the oath had been made before such judge. And the same fees shall be allowed ^J;;^^'^J'^^^°'^"^'^ *''™- such commissioner as are allowed for similar services by the laws of the state in which they are performed. All the powers and authority Komry pubricmny conferred on commissioners in and by the preceding clause, are hereby <->;'-'-iif« •..uihoriiy vested in, and may be exercised by, any legally appointed notary pub- tn. lie in any of the Confederate States. Sec. i9. In all the courts of the ("onfederale States the parties shall r.inios may i.e have^ the right to be hoard either by themselves or counsel. brco'unsd.^'''"" "' t^EC. 20. Where judgments are a mortgage or lien upon theproperty _ , . ^ of the defendant in any of the states, they shall have tlie same eliect or and txccmioue. lien when rendered in one of the district courts of the Confederate States, as if rendered in a state court, and be subject to the same rules as to enrolment or recording of judgments or abstracts of judgments. And the lien of executions shall be the same as in the courts of the lev^ero'f^trocesXm state where such district court sits. " But in all cases of contliet be- the mui.,- ami Fei- to produce books or writings in their possession or power which contain t'ngs »« t^Tidrfuce. evidence pertinent to the issue; and if the plaintiff shall fail to com- ply with such order, judgment of non-suit may be given against him; nf'^f!i1ur?e"to 'cnmp'ry and if the defendant shall so fail, then judgment by default may be *•"' >''>•' rcquiPiiion. rendered against him. Sec. 21.^The courts of the Confederate Stales shall have power to Oontcirptsrfcomt. . , I 11 How pubjsnco inflict punishment lor contempts of court ; but such power shall not be conslrued to extend to any cases except mi.sbchavior in l!ie presence of the court, or so near thereto as to obstruct the administration of Justice, the mi.>behavior of any of the officers of said court in their official transactions, and the disobedience, resistance or obstruction, by any person whatsoever, of the process, order, rule, decree or command so PROVISIONAL CONGRESS. Sess. I. Cii. 6i. 1861. of said courts ; but such punishment shall not exceed the imposition of a fine of one hundred dollars and imprisonmeut during the term of the court. Jurors; thei-q'iii- ^EC. 25. Jurors, in all cascs, to serve in the courts of the Coiifede- rao»jioi.8 and exeinp- ^^jg States, sl)all have the like qujiifications, and be entitled to the like exemptions, as jurors in the liigliest court of original jnisdiction of the state in which the dijlriet court is held, and shall be selected by lot or otherwise, according to the form and mode of forming such ju- ries in the couris of the stite, in so far as such mode may be practica- ble , and for this purpose, the district courts shall have power to make all rules and regulations necessary to conform to the selection and em- panelling of juries to the laws of the state, so as to secure an impar- __. . tial trial, without needless expense, and without undue burden to the When jarr may,. ' .•i,--aii be summnned of the Citizens ot any part or the district. And when, from any cause, there kystander*. shall not be a jury to determine any criminal or civil case, the court may direct a jury to be summoned of the bystanders to complete the panel. And it shall be the duty of the jud..;e, thirty days before the marshal ^sg'^tT'th'e folding of the first court in his district, under this law, to direct the •uinmoning of jurors, marshal in what manner, and to what extent, to summon,?jurors for such Compensation and court. The compcn.-alion to jurors, in both civil and criminal cases, shall mileage of jurors. be the same as is allowed to jurors in courts of the highest original juri.-^diction in the st,.te in which such court is i eld ; and if in ^uch state court there be no allowance for mileage, the jurors sliall be idlovv- ed five cents per mile for travelling from their respective places of abode to the places where the court is holden, and the saniC for returning. Sec. 26. In all suits on bonds, airreements, or specialities for pi-nal- Amonnt recovcra- . i. xu i. J l. n i i- ii. Me in suits on hnnd-i, ties or breach ol covenant, the amount recovered by trie detault or for''breac'h"o\"cove- Confession of the defendant, or upon demurrer, shall be the sum ac- "»'!*• tually due ; and when the sum, for which judgment is rendered, is un- whfnh jud?me^t 7s Certain, the same shall be assessed by a jury. On all judgments in rendered ia uncer- c\y\\ cases for the pavmcnt of moncy, interest shall be allowed at such tain, the name slinll .,, i-i ,i i-^i i-i r bi.tssessed by a jury, rate as IS allowed upon judgments rendered in the higne.st court ot iowert'*on'judgmt'nt»! Original j urisdictiou in the state in which such district court sits. Mistaken, etc., in Sec. 27. Every mistake, omission, defect or imperfection in the pro-. IflL'""*'^'''' • *"u'' cess, declaration, pleading:, or any of the proceedings in any cause, or pieadiMg^, or in the • ° i /• • • judgment, may be in the j udgiTici) t, shall be amended from time to lime, at the instance ""*' '^'^' of eiiher party, according to the several statutes of amendments or jeofails in the state in which the court sits, so as to secure a trial i:pon the merits, and that justice may be done, subject to any rule for the costs of amendment which the judge may impose. vTh«re there a^e Sec. 28. Where, in any state, there are two or more divisions of the of'^the'arH'tri'cr'.-ourt district court, all writs of execution upon any judgment rendered-in In a state,exeuiioiis the court of either division may rua and be executed in any part of ojay be execu*f-d in* , , , ,, , . , i i . i i , ,i * , • »iiy .aartof the state, such state, but shall be issued and made returnable to the court in which the judgment was rendered. When wr t of error Sec. 29. A writof error, whcn authorised by law to operate as a ii°d*eas*and*8tay''Tf super.-edeas and stay of execution, shall only have that olTect when a exccuiton. copy thereof and citation have been served on the adverse party or his counsel of record ; but no execution shall issue in less than ten days may'' be issued'on ^''■•^'" *^he rendition of the judgment or decree, unless upon afhdavit Judgment. mode, showiug a necessity therefor. Remedy against Sec. 30. Should thc marshal or clerk fail to pay over to the party marshal or ■ lerk f<.r entitled ^hereto, or to his attorney of record, upon demand made, anv Uiluie lo p:iy over ' i • i i i • c i uj«n»y in hia ha:ida. money which may have come to his hands by virtue of any order or process of the court, such money, with legal interest and ten per cent. damages may be recovered from him aud his sureties in his official bond, PROVISIONAL CONGRESS. Sess. I. Ch. 61. 1861. 81 •npon motion and three clays' notice in the court of which he is marshal or clerk. Sec. 31. There shall be appointed in each of the districts, by the President to sp- President, a meet person, learned in the law, to act as attorney for the p°^"' J'stiict auor- Confederate States in such district, who shall be sworn or affirmed to the faithful performance of his duty in office, and to support the Con- duUes/ etitution j and it shall be his duty to prosecute, in such district, all delinquents for crimes and oftcnccs cognizable in such court under the laws of the Confederate States, and to prosecute or defend all civil actions in which the Confederate States shall be concerned, except before the Supreme Court, in the district in which that court shall be holden. And he shall receive as compensation for his services a salary of two hundred Cotrpensattcn. dollars per annum, payable quarterly, and ten dollars per diem for every day that he is engaged in attending said court, together with such fees as shall hereafter be prescribed by law. And where there are three divisions in the district for which he is appointed, he shall be allowed mileage, at the rate of ten cents per mile, for going to and returning siiieage. from the court which is most distant from his place of residence, to be '^^■f>en fiistrict at- computed on the most usual line of travel; and in case of the absence judge muy appoint a of such attorney from any term of the court, the presiding judge may "[n/'forlhe term ' ^**'^ appoint a fit person to act for him for the term. Sec. 32. Whenever a marshal shall sell any lands or tenements by when the marshal • J. n 'I'll jiiij- • Pells re:il estate and Virtue ot any process in his hands, and shall die, or in any manner go dies before making a out of office before makino; a deed to the same, the court to which the 'l*'^''- '^^ court miiy . , , '- .,, ,. ,. J ^. ,, direct his successor process IS returnable may, upon written application and notice thereot to make ihe same. to the plaintiff and defendant, or their counsel, and upon a statement and proof of the ficts, direct his successor to make the necessary deed therefor upon the payment of any purchase money or costs remaining unpaid. Sec. 33. In any civil case in any of the courts of the Confederate Security for costs. States, the plaintiif may, upon motion, be required to give security for the costs, upon such terms as the court by its rules may prescribe ; and if he should fail to comply within the time allowed, the suit shall bo dismissed at the next term, unless good cause be shown against it. And the said district courts shall have power, from time to time, to make all needful rules for the conduct and dispatch of business therein, not incon- duct aEd'dispatc*"hof eistcnt with the Constitution and laws of the Confederate States, or with lousiness. the provisions of this act. Sec. 34. The laws of the several States abolishing imprisonment for state laws aVoiish- debt, and providing relief for debtors held in custody, shall take effect !i7bt,"'rnd°prTvid'ing in favor of all persons held in custody for debt under the process of the r.iitf for debtors in federal courts of the Confederacy. *^"'''° ^' Sec. 35. And be. if further enacted, That the said district courts shall Exdusire cogni- have exclusive cognizance of all crimes and offences cognizable under off"nce's^v"u-(nn*tSe the authority of the Confederate States, except where the law.s of said district courts. Confederate States shall otherwise provide. Sec. 36. The said courts, in term, shall have power to direct a grand Summonins and jury to be summoned and impannelcd, whenever in its judgment it may ini^nanneiingofgrana be proper to do so, and at such time as it may direct. After such jury is impannelcd the proceedings shall conform, as nearly as may be, to the law and practice of the court of the highest original criminal jurisdic- what law to goT- tion in the State where such district court is held. But no grand jury f " "'*''■ P=oceed- Bhall be summoned unless upon the order of the judge or court, and if made by the judge out of term, shall be in writing, under his hand and seal. Sec. 37. Until otherwise provided by law of Congress, the laws of. !-»''« «' 'tie ^-S- the United States in regard to crimes and offences, and to the mode of irnd*^ orilnc*i'Rnd'the 6 8f PROVISIONAL CONGRESS. Sess. I. Cii. 61. 1861. practice In criminal procedure, practice and trial in all criminal cases, shall be in force and taforce.^ulfd to f?.rm l^^"!" tlic rulc of practicc and decision in the district courts of the Con- the rule of practice federate States, and where there is no such law governing the practice, dtetrict courts of the then the rulc and course shall conform as nearly as practicable to the *'"wiiat to be the ru'e I'J''tctice establi.-^hed by law of the State court of higliest original juris- when there is no diction in which the said district court sits. And this provision shall *"^Buie7of evidc ce cxtend to the rulcs of evidence and mode of examining witnesses in and mode of exam- gucll CaSCS. Wrirs of error or Sec. 38. Writs of crror or appeals to the Supreme Court of the Con- preme Court ''ilfcran- federate States shall be allowed the accused in all cases in which the ioai cases. puni.shmcnt or penalty, upon conviction, is death or impri.sonment in the penitentiary, in the same manner and uj)on the .same terms as are allowed iu the courts of highest original criminal jurisdiction in the State in which such district court is holden ; and the remedy upon any bond given in such case, shall be the same as in the courts of the vState from which •pwatc as riwy to ^^^^^ appeal or writ of error is taken. Such writ of error shall operate the execution of the as a Stay to the execution of the sentence or judgment, upon the execu- ment."*'* or j u g- ^j^^^ ^^ sucli bond as may be required by the State law in similar cases ; When the Supreme and if .such scnteucc or judgment .shall be affirmed, and the time for S^ent' or fnonomil" cxecuting the Same shall have passed, the Supreme Court shall give such sentence, and ai- judgment Or i)ronouiice such .sentence as the law prescribes, and appoint point the time ami "li ■• i i r. • ^i • ^ «• ^ i ,i i i r. pace for iia execu- the time and place tor carrying the same into enect by the marshal ot *''"'• the court from which said writ of error emanated. In what civi' causes Sec. 39. The Said district courts .shall have original cognizance of all the Distiict Courts • .1 x- 1 • li 1 ■,• • • t . • • 1 1 • 11 • to have original cog- civil causes ot admiralty and maritime jurisdiction, including all seizures niracce. ■ under the revenue laws or laws of navigation and trade of the Confede- rate States, when the seizures or cause of complaint arises on waters which are navigable from the sea by vessels of one hundred or more tons burden, within their respective districts as well as upon the high seas; Bavins to suitors of Saving to suitors in all cases the right of a common law remedy, where common law remedy, t^g remedy at comiuon law is ample and complete. And said district as Couru of°Admu courts, as courts of admiralty, shall be deemed always open for the pur- raiity a ways open pose of filing libcls, petitions, answers and other pleadings, for issuing for tlie purpose of * , , . '^ i /• 1 1 • • if 1 • ^ filing libeia, etc. and returning mesne and nnal process and commissions, and tor making all interlocutory orders or rulcs which may be necessary. And Laws of the u. s. the laws of the United States and the rule?! of court in reference Admira'tV' casM to to admiralty proceedings in force in the admiralty courts of the United haye full force in States of America, on the twentieth day of December, one thousand the couti of the C. . , , , , , ' . , ,. , -^ , ,. 1 , 1 8. eight hundred and sixty, so lar as the same may be applicable, and are not inconsistent with the constitution and laws of the (Joniederate States, are hereby continued iu full force and effect in the courts of the Confed- erate States, until altered or rcj)ealed by law. Writ of error to gj;^ 49. Final judgments and decrees in civil actions, and final dc- tho Supreme Court in . ..•',.". . ,.' , ciTii cases. crccs HI equity m a district court, where the matter in dispute exceeds in value the sum of five thou.sand dollars, exclusive of costs, may be re- examined and reversed or affirmed upon a writ of error in the Supreme Court, the citation in such case being signed by a judge of the district court or of the Supreme Court, and the adverse party having at least thirty days' notice. Writs of error shall not be brought but within two oii St on. years after rendering or pa.ssing the judgment or decree complained of, or in case the person entitled to such writ of [error] be an infant, fenime covert, non compos mentis or imprisoned, then within two years, as afore- said, exclusive of the time of such disability. And every judge signing Band ard security a citation or any writ of crror, as aforesaid, shall take bond, and good ^pro^ecuewri wi 1 ^^^j^ sufficient .Sureties, that the plaintiff shall pro.secute his writ withcf- When writ of error feet, and answcr all costs if he fail to make good his plea ; and no writ to •! eralo as a 8u- f. ' , ,, 1 " p ^ . ' , , pecsedeaa. 01 error suall operate as a supersedeas and stay ot execution, unless such PROVISIONAL CONGRESS. Sess. I. Ch. 61. 1861. 83 bond be with sureties and of sufficient amount to secure tbe whole jiidg- ment, if it be affirmed, in addition to tbe costs. And tbe said court or tbe judges tbereof, shall have power to appoint a clerk, ■Apoointmeutof who shall take the oath prescribed for the clerks of the district court." '^ "I'lema courts, and give bonds for the faithful discharge of bis duty, in such Oath and bond. amount as said court may direct, whose fees shall be the same as those His fees. now allowed to the clerk.s of the Supreme Court of tbe United States. Sec. 41. Where, upon such writ of error, the Supreme Court shall Damagfis allowed affirm a judgment or decree, they may adjudge or decree to tbe defend- judgment or* decree. ant in error just damages for bis delay, not exceeding ten per cent, per annum — but such damages shall only be given when it is manifest to the court that tbe appeal or writ of error was taken for delay — and all Kxecution in causes costs. Tbe Supreme (Viurt shall not issue executions in causes that are '"^.'J'"^'j^ ••" '•'>'^ '='^- removed before them by writs of error, but shall send a special mandate of eror, to' issue to the district court to award execution thereupon, including lawful [^"^.^"'^ ^'^"^ "■'<=' costs accruing upon such appeal. Sec 42. From all final judgments or decrees which may be rendered in what cases ap- in any district court in any cases of equity or admiralty and maritime g„|ff^(,^""cu'^^,./° "'" jurisdiction, and of prize or no prize, an appeal, whei'c the mntter in dispute, exclusive of costs, exceeds the simi or value of five thousand dollars in equity, or of five hundred dollars in courts of admiralty and maritime jurisdiction, shall be allowed to the Supreme Court, and upon such appeal, a transcript of the libel, bill, answer, depositions and all Transcript cf pro- other proceedings of what kind soever in the cause, shall be transmitted '='='^'*'"t'^- to the said Supreme Court ; and no new evidence shall be received in ^Jll r'ccZveH^^^"^ the said court on the bearing of such appeal; and such appeals shall be Appeals sui-jectto subicct to the same rules, rcirulations, and restrictions as are prescribed ^'^'^ ''"'"^^ prescribcii 1 • n • n 11 •in /^ 1 11 1 '" ^*^'* ''' writs of in law in case of writs of error; and the said Supreme Court shall be error. and hereby is authorized and required to receive, bear and determine such appeals : Provided alwa//!i, That appeals or writs of error in any p,.oviso as to ap- case to the Supreme Court of this Confederacy, from existing judgments peaisor writs of er- 1 1 J. 1 1 xi 13 1 i-' " • J '"'■ (rota existing or decrees, may be taken under tlie same rules ana regulations required jmigmcnts or decrees, by tbe hnvs of the United States for appeals or writs of error to the Supreme Court of the United States, existing at the time the s;;id judg- ment or decrees were rendered. Sec. 48. The Supreme Court shall have power from time to time to Supreme Court to make all such rules and regulations as it may deem needful for tbe dispatch oY cases. orderly and correct dispatch of cases not inconsistent with the rules of law, and this power shall extend both to original and appellate causes therein. In all cases in tbe Supreme Court where there is an equal proceed ings id division of opinion among the judges thereof, and the court is not full, cases in whkh tho there shall bo awarded a re-argument before a full court. If there be vldea in op^iilloa.''^ such division when the court is full, then the judgment of the court below shall be affirmed. ' Sec. 44. The Supreme Court shall have original jurisdiction of all oripnai jurisdic- controversies of a civil nature where a state is a party, exco])t between a tion of the supreme state and its citizens, or citizens of any other state or nation. It shall also have exclusively all such jurisdiction of suits or proceedings against tion'!° "^'^'^ ''"'" '"' ambassadors or other public ministers, or their servants, as a court of law can have or exercise consistently with the law of nations ; and original but not exclusive jurisdiction of all suits brought by ambas- sadors or other public ministers, or in which a consul or vice-consul shall bo a party. And the trial of issues in fact in the Supreme Court, in all actions at law against citizens of the Confederate States, shall be by jury, and it shall have power to issue writs of prohibition to Trial by jury, the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in ca^cs warranted by the princi- tion and mau lamoi. 84 PROVISIONAL CONGRESS. Sess. I. Ch. 61. 1861. pies and usages of law, to any courts appointed under the authority of the Confederate States. In what cafes writs Sec. 45. Be it further enacted, That a final judgment or decree in m^^' Cn^i'S?menS »°y s"'^\in ^'^c highest court of law or equity of a state in which a or riccrees o^f the dccision iu the suit could bc had, wlicre is drawn in question the validity states toTheVupreme of a treaty or statute of, or an authority exercised under the Confederate Courtof theC. s ; States; or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties or laws of the Confederate States; or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute or commission held under the Confede- rate States; in each of these cases the decision may be re-examined, and reversed oraffirmed in the Supreme Court of the Confederate States, upon a writof error, the citation being signed by any judge of the said Sujtrcme ftnd under what re- Court, in the samc manner and under the same regulations, and with the wiiut effect. like effect as if the judgment or decree complained of had been rendered or passed in a district court of the Confederate States; and the proceed- ings upon reversal shall be the same, except that the Supreme Court, instead of remanding the case for a final decision, may at their discre- . . tiou, if the cause shall have once been remanded before, proceed to a rors. final decision of the same and award execution. But no other error shall be assigned or regarded as a ground of reversal in any such case as aforesaid, than such as appears in the face of the record, and immediately respects the beforemcntioncd question of validity or construction of the said constitution, treaties, statutes, commissions or authorities in dis- pute, tffect of judgments Sec. 46. All ludgmcnts, ordcrs and decrees made by any state court fete of cj / ^ »/ »/ court rendered since sincc the date of the scccsslon of such state, upon any subject or matter ihe^secession of such whicli bcforesucli sccessiou was within the jurisdiction of the courts of the Appca' or writ of United States, shall have the force and effect of judgments, orders and error therefrom. dccrces of the courts hcrciu estiiblishcd, with the privilege of either party to appeal or sue out a writ of error. Transfer of records, gg^. 47. And he it further enacted, That all the records, papers, dockets, etc., in salts pending .. i.t. i -k- o ^ ■ •> ^ \ . in the Chcuit or Dis- depositions and judicial proceedings or every kind appertaining to any s.'wit*iiw"^'any'^of''the ^^^* '^ow pending in the circuit or district courts of the United States, States of the Confed- within any of the states of this Confederacy, shall be transl'crred to the Co*u?t'of°the a s'.Tn district court of the Confederate States of America in the same state Uie same district. m^^j district in whicli the same was pending; and the late clerk of said r>/'.s«/V/circuit court or district courts, or other person in whose custody said records, papers, dockets, depositions and judical proceedings may be, shall deliver the same to the clerk of the district court to which they may be translerrcd under the provisions of this act, and the same shall stand in the same plight and condition in which they were in said cir- cuit and district courts respectively, and all previous orders therein made shall have the same effect. And the court to which said causes are hereby transferred shall proceed to hear and determine the same accord- Also of papers of ing to law, and all dockets, books, records, documents and papers of. Tn-'To judicial "pro- ^^'^'T kind pertaining to judicial proceedings in any of said courts, and ceedin;:.s in any of to suits heretofore decided therein, and all patents, deeds, records, books fu'iisdt-cidcdtiu'r.-ii° ^^^ papcrs pertaining to any land office Avhich may by law have been or to any land office, deposited with the clcrk of any of said courts or transferred to his office for safe keeping, shall be delivered to the clerk of the district court for the district in which such court is situated, and the samc shall bc safely kept and preserved by said clcrk until otherwise provided by law. And Copies of Bfiid re- copics of any such records or other papers made out by said clerk of the cords and papers district court and authenticated according to law, shall have the force oeacc,' ^ ^'' iiiid effect given to copies of other instruments of like character in such PROVISIONAL CONGRESS. Sess. I. Ch. 61. 1861. *5 state, and be admissablc in evidence in all cases in wliicli copies are ad- mitted as evidence in the courts of the Confederate States : Provided, Proviso as to suits That all suits which shall have been pending in any of said courts for l^"rs\y'l)^oJ°pros^ the space of five years without prosecution shall be considered as aban- cution. doned, unless prosecuted within six months from the time of such transfer. And the judgments in all civil cases heretofore rendered in said Effect of unsifis- circuit and district courts of the United States remaining unsatisfied, ci,xuit'l^nd"nis[ria shall have the same force and eflfect which the}^ had before the secession Courts of the U.S. of the State in which said court is situated, and the same proceedings may '^^"■'j'' procoedings be had thereon in the district court of the Confederate States, by cxecu- in tiie District Court tion or otherwise, which might have been taken in the court in which t^u or mhelwisr*^"' they were rendered at the time of their rendition. And where, under any such judgment of the circuit courts of the United States, any execution may have been in part executed by levy on property or other- wise, it shall be the duty of the marshal or ofiicer in whose hands such execution and property may be, to turn over the same to the marshal of the Confederate States for the district in which such judgment was ren- dered, and to take his receipt therefor; and thereupon the said marshal shall proceed to dispose of the same according to the laws in force at the time such judgment was rendered, and pay over the proceeds to the party entitled. And new process shall be issued in such district courts when requisite ; but all suits iionding in said courts in which the United Suits in which ir. „, . * , . ^.^ 1 ,, ^. ] J J r ii T ?. are plaintiirs to re- states are plaintins shall remain suspended, and no lurtiier proceedings main suspended. shall be had therein untilthe independence of this Confederacy shall be Executions of all recognized by the United States; and execution of all. judgments rcn- Jufipu'enis rendered dercd in favor of said United States is hereby suspended, and all seizures irkewise suspended! ' on executions heretofore made in behalf of the said United States are seizures on execu- herebv declared to be inoperative and void, and shall not be renewed *^'°"f ■Ti^'l'-" '" ','''"^'5 • 1 •• 1 1 n 1 • ^ 1 n ^ • rt n 1 of the U. S., declared until recognition be made oi the independence oi this Coniederacy as void, aforesaid. But this section shall be subject to such disposition of the Proviso. causes therein provided for as has been made by the several States be- fore the adoption of the Provisional Constitution, unless said States shall conform their legislation to the provisions in this act contained. Sec. 48. Where cases are now pending in the Supreme Court of the Transfer of causes United States upon appeal or writ of error, from any court of the States prc,',",'"^comt'^of fho now forming the Confederate States, it shall be lawful for the appellant U.S., upon appealer or plaintiff in error, at any time within twelve months from the date, to supreme Court of the dismiss such appeal or writ of error, and file a transcript of the record ^•^• and a copy of the bond for the appeal or writ of error in the Supreme Court of the Confederate States, and thereupon the same shall be con- sidered in all respects as if it had been originally filed in the said Supreme Court of the Confederate States, and shall be heard and deter- mined in said court according to the laws in force at the time said cause was determined in the court below, and the rights of the respective parties shall be the same as when said cause was taken up to the Supreme Court of the United States. And if such cause shall not be if not transferred transferred in twelve months as aforesaid, then the judgment of the JI,'e' j^uil^it'lu '"f "the court from which the appeal or writ of error was taken shall be deemed Court ijciow uJUrmcd. final and in all thintrs affirmed. And in case of such transfer, the bond I'ond Riven forap- „ , P • c 1 11 1 1 • • /• 11 i> • VS'i^y etc., to remain given tor the appeal or writ ot error shall be and remain in tail lorce in in force. the court of the Confederate States; and in cases where the transcripts Transcripts of re- ef the records have already been printed in the Supreme Court of the puptL'^eCourtof the United States under the rules thereof, such printed copy, duly certified u. s., maybe filed. by the clerk of that court, may be filed in the Supreme Court of these Confederate States, and it shall not be necessary to have a new tran- script made by the clerk of the court from which the appeal or writ of error was prosecuted. 86 PROVISIONAL CONGRESS. Sess. I. Ch. 61. 1861. Distiict Courts of Sec. 49. Aud wlicre there sliall heretofore have been' any judgment tbe c. s. and their qj. decree in the Supreme Court of the United States in a case from any officers to carry into r. , , . . . • p i tt • i -i n i effect certain unexe- 01 the distnct Or circuit courts 01 the Luitcd btates tor any one of the of \T.li"upr'^me'co*urt States uow forming a part of the Confederate States, aud which remains of the u. s. remain- in force and unexecuted, it shall be and it is hereby made the duty of lug m ore . ^^^ distrit court of such Confederate State and its oificers, to carry into effect and to execute such judgment or decree according to the mandate of the Supreme Court of the United States, as if there had been no Proviso. dissolution of the Union : Provided, That such judgment or decree was rendered before the secession of the State from which such cause went Notice to party or to the Supreme Court. When any cause is transferred under the provi- his counsel of causes • x- Ii • i j_- n is o i n i • j .i i transfer! ed u n d e i' i^iois 01 this law, uoticc ot such transicr Shall DC givcu to the adverse ^''"^ '^™^- party or his counsel thirty days before the term of the -court at which such case is to be tried. Effect of judgments Sec. 50. In all cascs wlicre pcrsous are under judgment or sentence, c^i^u^a^cases'.'^'^ '" ^^" ''^^'^ imprisoned upon conviction of any crime or offence before any court of the United States, in any of the States now forming a part of the Confederate States of America, such judgment or sentence shall continue in full force and effect until the same has been executed and District Courts of carried out, and the said district courts of the Confederate States are t J execute^ thmiT.^'^'' hereby clothed with all necessary powers to have such judgment or sentence Persons under ar- exccutcd. And uo person now under arrest or in custody upon any criminal ffom°"t he°''uii'ftTd chargc or offence, on process issued from the courts of the United States, states Courts. shall be released by reason of the dissolution of the Union, but he shall continue iiuder anest or in custody until discharged by due course of Bail bond to lind l^w. iVud any bail bond given by any party to answer any charge under party to apiiear in pvoccss from any of suid courts, shall be obligatory upon such party and his sureties, and bind him to appear at the first term of the district court of the Confederate States to be held for the district in which he was arrested. icdictraents found And all indictments heretofore found in any of the said courts and courts, to 'ije h'eiird ^^t yet disposod of shall continue in full force and virtue until heard etc., in the District and determined in the district court of the Confederate States for the our 3 o e . ^. jjg|.^.j^,^ jjj which the same was found. And all warrants or other process Warrants or other . . . . , , „ r> • i t ii • • process from said issuiug ou any Criminal charge from any oi said courts shall continue iQ '^""''^* force and be made returnable to the court of the district in the Confede- rate States in which the offence therein charged is alleged to have been committed. And to these ends full authority is hereby granted to said district courts. Penitentiary and Sec. 51. Where, by thc laws of any State, its penitentiary or jails ^'"'^" may be used by the courts or marshals of the Confederate States, the game shall be so used whenever necessary ; bvit if in any State there be no law authorizing their use, then it shall be the duty of the marshal to provide a suitable place or places for the custody and confinement of all prisoners or convicts who may be committed to his custody by competent legal authority. Special jurisdiction Sec. 52. Where any forfeiture or penalty is by law prescribed against atti)fseatof°govern-iiaisfeasance or malfeasance in office by any of the officers of the Con- nicnt, of crimes a^d federate States residing at the seat of government, or where crimes or offences committed -,, • , , i i r> • i n- • i i • , • /y by public officers, offences are committed by any oi said officers in their respective oraces, ofli!;i°a'i bonds'^ "'*''^^^^*^^ '^^'^ ^^' ^^^y ^^ puuisliablc by indictiueut, or where suits may become necessary upon the official bonds of any such officers, made pay- able to the Confederate States of America, the jurisdiction in all such cases shall pertain to and be exercised by the district court of the Con- federate States which shall be held at thc seat of government. Writs of error or Sec. 53. From all judgments or decrees which shall be rendered in preme Court "fronicauses pending in the courts of the United States at the time of the judgments rendered geccssiou of the States in which the same were, and which causes shall PROVISIONAL CONGRESS. Sess. I. Cii. 62, 63, 64. /1861. 87 be transferred to and decided by the courts of this Confederacy, writs in causes pending in of error or appeal may lie to the Supreme Court of this Confederacy, g'^'^t^i^e^me'^oftSe when the sum or matter in controversy exceeds the sum of two thousand seeessioa of the 11, •' StiUes. dollars. ■ Sec. 54. This act shall be in force and have effect from and after the when act takes ef- passage thereof, and all laws and parts of laws coming within the pur- ^'^'^'• view of this act, shall be and the same are hereby repealed. *^' ^^^^ Approved March IG, 1861. Chap. LXII. — An Act supplementary to an act en'itled an act to organize the Xav^. March 16, ISGl. The Congress of the Confederate States of America do enact, That in Relative position case officers who were formerly attached to the navy of the United °.y°f^|;„*u[*g_*^^ States, but had resigned in consequence of the secession of anyone or of ''=>v': ic-isnei and all of the Confederate States, should receive appointments in the navy men'tsVn the .Navy of of the Confederate States, the President is authorized to affix to their "^^^•^• commissions such dates as may be necessary to secure to them the same relative position that they held in the former service. Approved March 10, 18G1. CnAP. LXIII. — An %.ct supplemental to an net to define and fi^ the piy of the officers of Slarch 16, 180!. the Congress. The Congress of the Confederate States of America do enact, That P^y of the offlccra the amount of salary established by the said act for each officer during °i,e p",y'^Xn""(}o^. the continuance of the Provisional Government shall be deemed a Kalaiy^'""f"en'. defined and for a year; and that each officer may receive a rateable proportion thereof at any time during tl>e year, upon the warrant of the President of the Congress. Approved March IG, 1861. Chap. LXIV. — An Act to appropriate money for certain civil pvrposca. MarchlS, 1S6I. 2hc Congress of the Confederate States of Ameriea do enact, That Appropriation for the following sum be, and the same is hereby appropriated for the object ihe Treasury, hereafter expressed, for the year ending the fourth of February, eighteen hundred and sixty-two : For salary of Auditor of the Treasury, for audi- ting accounts of the war office in the expenditure for the army, the sum of three thousand dollars. Approved Jlarch IG, 1801. 88 PROVISIONAL CONGRESS. Sess. I. Cii. G5, GG, 67. 1861. March 16, 166t. Chap. LXV. — Ae Act makintf additional appropriationa for the support of the Army, •~" for the year ending thcjirat of Jlarch, eighteen hundred and aijcty-ttco. Appropriation for The Congrcss of the Confederate Statea of Amcriea do enact, That nance'aDnrduaD« ^^0 following 8um bc, aud the Same is hereby appropriated, out of any •tores. money in the Treasury not otherwise appropriated, namely : For the purchase of ordnance and ordnance stores, one hundred and ten thousand dollars. Approved March 16, 1861. March 16, 1S61. CuAP. LXVI. — An Act mal-ing appropriations for the service of the rostoJjR.ce Dcpart- vicnt, for the fiscal year ending the first of Jfarch, eighteen hundred and sixty-tiro. Appropriations fo- The Confjress of the Confederate States of America do enact, That ^ostoui.e ^'i'^''' the following sums be appropriated for the Post Office l^epartment for the year ending the first of March, one thousand eight hundred and sixty-two, out of any moneys in the Treasury, arising from the revenues of the service of said department, namely : For transportation of the mails inland, one million one hundred and two thousand, two hundred and eighteen dollars and forty-nine cents ; for compensation of Post- masters, three hundred thousand dollars ; for clerk of Post Offices, one hundred thousand dollars ; for ship, steam-boat and way-letters, five thousand dollars ; for office furniture for Post Offices, two thousand dol- lars ; for advertising, fifteen thousand dollars ; for mail bags, ten thou- sand dollars ; for paper blanks, ten thousand dollars ; for printing blanks, three thousand dollars ; for wrapping paper, eight thoitsand dollars ; for mail locks, keys and stamps, ten thousand dollars ; for mail depredations and special agents, twenty thousand dollars ; for miscellancoiis payments, forty thousand dollars ; for postage stamps and stamped envelopes, twenty-five thousand dollars ; for payment on account of foreign mail service, seventy-five thousand dollars ; for payment of letter carriers, two thousand dollars. cic^8°i''n^t'i!e revenue' ^^^- ^- ^'^^'^^ ^^^*^ sum of three hundred and twenty thousand and of tiie said depart- sixty dollars thirty-six cents be, and the same is hereby appropriated, to '"'''^ ■ be paid out of any moneys in the Treasury not otherwise appropriated, to supply deficiencies in the revenue of the Post Office Department for the year ending the first of March, one thousand eight hundred and sixty-two. Approved March 10, 18G1. March 16, 18C1. Chap. LXVII. — An Act to authorize the Secretary of , the Treasury to apjwint Sj)ccial ■ ■ Agents in certain eases. Special agents to TIic Cont/rrss of the Confederate States [of Ajnrrlcado'] enact, Thai il\G houscr'on'^ tiie fron- Sccretar}' of the Treasury shall be, and he is hereby authorized to appoint tiers.and to examine special agents for the purpose of oriianizin"- the custom-houses at ports of oooks. accounts etc . ii^»~o i ' "entry and delivery on the frontiers between the Confederate States and other Governments, and to cause examinations to be made of the books, accounts, money on hand and general management of all the offices of the several collectors of the customs, sub-treasurers, public depositories, mints, and all other officers and agents who may be under the control of Compensation. the Treasury Department, as occasion may require, with such compensa- tion, not exceeding six dollars per day and traveling expenses, as he may think reasonable, to be fixed at the time of each appointment. PROVISIONAL CONGRESS. Sess. I. Ch. 68, 69. 1861. 83 The agent selected to make these examinations shall be instructed, in all offices having charge of public funds, to examine as well the books, accounts and returns of the officer, as the money on hand and the man- ner of its being kept, to the end that uniformity and accuracy in the accounts, as well as safety to the public moncj^s, may be secured thereby. Sec. 2. Be it further enacted, That this act shall expire in two years W'^en this act to from the date of its passage. expire. Approved March 16, 1801. CnAP. LXVIII. — An Act Making ajipropriation for the service of the Bureau of Indian March ]6, ISSl. Affairs. The Congress of the Confederate States of America do enact, That Appropriation for the following sum be, and the same is hereby appropriated, out of any jjlfreau^'of "itdiaa money in the Treasury not otherwise appropriated, for the service of the Affairs. Bureau of Indian Affiiirs, for the year ending first of March, eighteen hundred and sixty-two, namely : For the salary of the commissioner and chief clerk of the liureau of Indian Affiiirs and incidental expenses of the bureau, five thousand dollars. Approved March 16, 1861. Chap. LXIX. — An Art to amend an act entitled an act authorizinij the President alone to March 16,1S61. make certain appointments. — The Congress of the Confederate /States of America do enact, That Appointment o f the act described in the caption hereof shall be held and construed, to denT'dming the"^ 're- authorize the President to appoint, during the recess of Congress, all "^^^^ ''^ *^°°si"csa. officers, civil, military and naval, establislied by law : Provided, such apj>ointnicnts shall be submitted to the Congress when it re-assembles, for its advice and consent. Approved March 16, 1861. 90 PROVISIONAL CONGRESS. Sess. I. Res. 1, 2, 3,4. 1861, RESOLUTIONS. Februarys, If 61. [Xo. 1.] A RcBolution to appoint Mestrt. Rcid dk Shorter Printer* to the Congrett. Public printers ap- Rcsolccd, That Mcssrs. Rcid & Shorter be appointed printers to thia pointed. Congress while it holds its sessions in jMontgomery ; and Yhat all the of work.*"** ''"'^"^ work to be done shall, in style and quality, equal that done for the State Compensation. of Alabama, and shall be paid for at the same proportionate rates of compensation. Adopted February 5, 18G1. February 8, iS61. [J^o. 2.] A Itcsohition accepting the appropriation of five hundred thousand dollar/, made by the General Aancinili/ of the State o/ Alabama. App'^opriation State of Alabama. ^^ 1st. Resolved hi/ the Confederate States of America in Congress assemhled, That this Congress accept the liberal offer of the (icneral Assembly of the State of Alabama, to place at the disposal of this body the sum of five hundred thousand dollars, as a loan to the government of the Confederacy now being formed. 2d. Resohcd hy the authority aforesaid, That this Congress place the highest appreciation upon this generous, patriotic and considerate action of the State of Alabama, and realize in it the zealous devotion of the people of that state to the cause of " Southern Independence.'' Adopted February 8, 18G1. February 8, ISCl. [No. 3.] A Itcsohition for the preservation of the Records of Congress. Preamble. Whereas, it is necessary that the records of this Congress be placed in a condition of safety, and those pertaining to proceedings with clo.sed doors, in a condition of secresy : Therefore — Preservation of re- Rrsoli-rd hy the Confederate States of Anurica in Cant/ress asse^nhkd, ongress. rji|^jj^j. ^j^^ President of Congress be and he is hereby authorized and in- structed to make proper provision for the purpose herein declared. Adopted February 8, 1801. February 8,1861. [No. 4.] A Resolution in regard to the State of North Carolina, and the Commissioner* from said State to this Congress. Preamble. Whereas, the people of North Carolina and those of the States rep- resented in this Congress have a common history, a common sympathy, a common honor, and a common danger; and, whereas, it is the opinion and earn .jst desire of this Congi'css that the State of North Carolina should be united in government with these states; — PROVISIONAL CONGRESS. Sess. I. Res. 5, 6, 7, 8. 1861. 91 Be it therefore resolved, That this Congress received with pleasure Commissioners the Commissioners from the State of North Carolina, and hope to pursue ^'"'^ ^'""^"^ ^'''°"°''- such a course of action as shall commend itself to, and induce the State of North Carolina speedily to unite in our councils, and in such govern- ment as shall be formed by these states. Adopted February 8, 1861. [No. 5.] A Resolution in relation to the occupation of the forts and arsenals, d'C. February 12, ISCl. Resolved hi/ the Conqress of the Confederate States of America, That Questions between J.1 • i. J. 1 1 -^ 1 ^1 X- 1 1-iE li- "'e Stales of this tnis government takes under its charge tlie questions and ditnculties now co fcderacy and the existing between the several states of this Confederacy and the govern- |^j;J^^^^jg''^"°'°^*"''^» ment of the United States of America, relating to the occupation of forts, arsenals, navy yards, and other public establishments ; and that the President of the Congress be directed to communicate this resolution to the several states of this Confederacy, through the respective gov- ernors thereof. Adopted February 12, 1861. [No. 6.] A Rcsohition anthorizinr/ the Secretary of Congress to arrange for publication February 14, 1861. the Provisional Constitution for the Government of the Confederate States (^' America, ~ with the autograph signatures of the members of Congress, &c. Resolved hi/ the Confederate States of America in Congress assemhled, Pubiicafion of Pro- That the Secretary of "Congress be allowed to have engrossed and ar-;\f°'\'|J,'^°J{;;*,;^';.*;^^^ ranged for publication the Provisional Constitution for the government signatures ana" flag of the Confederate States of America, with the autograph signatures of fJa^r^acy." the members of Congress, and the flag and seal of the Confederacy, whenever adopted. Adopted February 14, 1861. [No. 7.] A Resolution to authorize the Judiciary Committee to have atteh matter printed as February 14, 1861. they may desire to lay before the Congress, ' Resolved hi/ the Confederate States of America in Congress asscmhled, Printing for JudS- That the Judiciary Committee be authorized to have such matter printed as they may desire to lay before the Congress. Adopted February 14, 1861. [No. 8.] A Resolution to continue in office the officers of the customs. February 14, 1861. Resolved h// the Confederate States of America in Congress asscmhled, officers of customs That until otherwise provided, the several officers connected with the ^""•'""<''i '" """"=*'' ,1 .. o L 1 .• 1 • . , 1 n 1 • w"i "'elr present collection ot customs, duties and imposts in the several states of this salaries. Confederacy, be and they are hereby confirmed and continued as oflScers of the gDverument of the Confederate States of America, with their present salaries and emoluments, until the first day of April next; and that the Secretary of the Treasury be instructed to report to Congress a 9e PROVISIONAL CONGRESS. Sess. I. Res. 9, 10, 11, 12. 1861' Diminution of ex- plan, to go into eflPcct at the said date, whereby the expenses of collect- tbe°rcre°rfue':°""""^ing t^c revenue at each custom house shall be diminished at least fifty per cent. Adopted February 14, 18G1. February 14, ISCl. [No. 9.] A Resolution giving certain powers to the Committee on ITaval Affairs. Attendance of per- Resolved hu the Confederate States of America, vi Conqress assembled, SODS before Commit- mi ..i r\ -xi xt iirr-i .i • i. .1 . tee on Naval Affairs. JL nat the Lommittcc ou JN aval Affairs be authorized to pro(fiire the at- tendance at the scat of government of all such persons versed in naval affairs as they may deem advisable to consult with in the preparation of • their report. Adopted February 14, 18G1. February 15, 1S6I. [Xo. 10.] A licsolulion to provide/or printing/or the Committees of the Congress. Printing for the Resolved hi/ the Congress of the Confederate States of America tn of Congress. Congress assembled, That each of the standing committees of Congress is authorized to cause to be printed any matters Avhich it may deem re- quisite for the use of the committee. Adopted February 15, 1861. February 15, 1S61. [No. 11.] A liesoliUion for tlie appointment of Commissioners to the Government of th* United States of America. Commissioners to Resolvcd hu the Confederate States of America in Conqress assembled, the Government of . . '^ n i • /^ i • • n i the U.S. Ihat it IS the sense oi this Uongrcss that a commission of three persons be appointed by the President elect, as early as may be convenient after his inauguration, and sent to the government of the United States of America, for the purpose of negotiating friendly relations between that government and the Confederate States of America, and for the settle- ment of all questions of disagreement between the two governments, upon principles of right, justice, equity and good faith. Adopted February 15, 1861. February 16, 1861« [No. 12.] A Resolution for the enforcement of the Revenue Laws. Enforcement of Resolved hi/ the Con federate States of America in Congress assembled, the Revenue Laws. That the President of " Congress instruct the collectors of the several ports of this Confederacy to enforce the existing revenue laws against all foreign countries, except the State of Texas. Adopted February 16, 1861. PEOYISIONAL CONGRESS. Sess. I. Res. 13, 14, 15, 16. 1861. 93 [No. 13.] A Resolution to provide an Executive Mansion, February 25, If 61 . The Congress of the Confederate States of America do resolve, That Executiye mansion that the committee to arrange for government buildings be authorized *'''^®^^**^^* to lease a furnished mansion for the residence of the President of the Confederate States. Ai'PROVED February 25, 18C1. [Xo. 14.] A Resolution in relation to patents and caveats, March4, 1S61. Resolved h>/ the Congress of the Confederate States of America, That Speciflcationa, etc., all persons, being citizens of the Confederate States, who may wish to u s c'fuT discoveries procure patents or file caveats for inventions and useful discoveries and "■ " '^, '"\lV°7':'"^"i'* improvements, may nle in the omce oi the Attorney Creneral a Specifica- omoe of the Attorney tion of such invention, discovery or improvement, together with such *''^""'''' descriptive drawings as may be necessary; and such specification, when To operate as a ca- so filed, shall operate as a caveat to protect the rights of such persons, ''■^^'^ until regular application can be made according to law ; and this resolu- tion shall apply to all patents heretofore granted by the United States to citizens of this Confederacy, and to caveats heretofore filed by such citizens in the Patent Office of the United States, on such patents and copies of such caveats being deposited, as aforesaid, in the office of the Attorney General : Provided, That such applicants shall pay such fees ProTiso. as may hereafter be I'cquired by law establishing a patent office, on ap- plication for patents and filing of caveats. \ Approved March 4, 1861. [No. 15.] A liesohilion in relation to international copt/riijhls. March T, 1801. Whereas, Great Britain, France, Prussia, Saxony and other European Pieambie. Powers, have passed laws to secure to authors of other states the benefits and jirivileges of their copyright laws, upon condition of similar privileges being granted by the laws of such states to authors, the subjects of the powers aforesaid ; Therefore be it Resolved hi/ the Congress of the Confederate States of America, That international copy the President be and he is hereby authorized to instruct the Commis- sioners appointed by him to visit the l^uropean Powers, to enter into treaty obligations for the extension of international copyright privileges to all authors, the citizens and subjects of the powers aforesaid. Approved March 7, 1861. [No. IC] A lietolution to continnc the mints at New Orleans and Dahlonega. March 9,1361. Tlie Congress of the Confederate States of America do resolve, That ^^'"" j'J^.^'r^"' ^^ the mints at New Orleans and Dahlonega shall be continued, and the '^^"^''"^ '""° ^ proper arrangements made as soon as possible to procure suitable dies for Dies for the coin, the coin of the Confederate States. Resolved further. That the Secretary of the Treasury be requested to Appropriation fo*. estimate and report to Congress the lowest amount of appropriation neces.sary to carry out the above resolution. Approved March 9, 1861. 94 PROVISIONAL CONGRESS. Sess. I. Res. 17, 18, 19. 1861. March 12 1861. [No. 17.] Resolutions providing for a digest of laws. Committee to re- ResolveJ, That a Committee of three memhere of this body be ap- Tise tiie Statute laws pQj,j^.g J (.Q j-gyiv^e the Statute laws of the United States, and report, in form of a digest, such laws as are applicable to this Confederacy, to- gether with such changes and modifications as they would recommend for the adoption of Congress. Authoriied to em- Rpsolrcl farther, That the committee have leave to sit during the §e?prinUng.° ° "'^" rcccss, aud to employ such clerks and to order such printing as they may require, and that they be authorized to draw for the same on the appro- priation for the contingent expenses of Congress. Committee to be Resohed fartlitr. That the couuaittee be appointed by the President appointed byt^e^rt President of C o n - 01 CongreSS. «"^''- Approved March 12, ISGl. March 14, ISGl. [No. IS.] A Resolution acce2)tiiig c-i-tain funds tendered to the Confederate States hy th* — — - ^V((/e of Louisiana. Preamble. "Whorcas, the Convention of the State of Louisiana has adopted an ordinance as follows, to-wit : " An ordinance to transfer certain funds to the government of the Confederate States of America. " Section 1. It is herehj/ ordainril, That the sum of three hundred and eighty-nine thousand two hundred and sixty-seven, forty-six one hundredths dollars, now in the hands of A. J. Guirot, State Depositary, and known as the ' Bullion Fund,' be transferred to the government of the Confederate States of America, and that said depositary be aud he is hereby authorized and instructed to pay said sum ujion the order of the Secretary of the Treasury of said Confederate States. Funds tendered to " Sec. 2. It is further ordained, That the sum of one hundred and oAouisiana.'^'' * ^forty-seven thousand five hundred and nineteen dollars and sixty-six cents, being the balance received by said State Depository from the cus- toms since the thirty-first of January last, be transferred to said gov- ernment and paid by said depo.sitary upon the order of said Secretary of the Treasury of the Confederate States." Be it therefore resolved iy the Conr/ress of the Confederate States of Amerir.aj That the Congress accepts with a high sense of the patriotic liberality of the State of Jjouisiana, the funds so generously tendered to the treasury of the Confederate States, and profiercd in the ordinance aforesaid. Approved March 14, 18G1. March 15, 18G1. [No. 19.] Resolutions in reftrence to forts, doclc-ynrds, reservations and property ceded • to the Confederate States. Cession by the Resolved hy the Congress of the Confederate States, That the Con- nJal^navy yards^etc! o^'Gss do rccommend to the respective States to cede the forts, arsenals, navy-yards, dock-yards and other public establishments within their respective limits to the Confederate States, and moreover, to cede so much of the lands reserved heretofore by the government of the United States, or other public vacant lands in their respective limits as may be necessary fur timber or lumber for naval or other purposes of public concern ; and that the President of Congress be requested to communi- PROVISIONAL CONGRESS. Sess. I. Res. 20, 21. 1861. 95 cate these resolutions and tlic accompanying report to the governors of the respective States. Resolved further, That in case of such cession, the President be and president to tak« is hereby authorized and empowered to take charge of any such property charge of the pro- ceded, pertyce Approved March 15, 1861. [No. 20.] Jiesolulions in relation to the contingent fund of Cohgreta. March 15, 1861. 1st. Resolved bi/ the Congress of the Confederate States of America, Disbursement of That the disbursement of the contingent fund of Congress be placed of^congress.'^'' under the direction and control of the Secretary, subject to the approval of the committee on accounts. Resolved further, That estimates shall reffularly be submitted bv the To be made in ac- • T • cordincc with th6 C9~ Secretary, and no disbursements of the contingent fund shall hereafter timates of the Secru- be audited by the committee on accounts, except^^ in accordance with *^'*'^y- Buch estimates. Resolved further, That the Secretary, at the next meeting of this Report by Sccro- Congress, shall submit a detailed and particular statement of the pay- ''*'^^ '° ongiesa. ments made and authorized by him from the contingent fund of Con- gress. Approved March 15, 1861. [No. 21.] A Resolution to provide for the auditing and payment of certain claims against March 16, 1861. the Congress. ' Resolved hy the Congress of the Confederate States of America, That . Auditing and pay- Ilon. William P. Chilton, the resident member of the committee on ac-agaiustriie'cong'ress. counts, be authorized to audit and allow the accounts against the Congress which have not been audited and allowed — the Secretary of the Con- gress to act with said member of said committee; and claims audited and allowed by them to be paid on the order of said Chilton, for said committee, countersigned by said Secretary; and this resolution to operate only during the recess of Congress. Approved March 16, 1861. PROVISIONAL CONGRESS. Sess. I. Ch. 1. Res. 1. 1861. 97 PRIVATE ACT OF THE PROVISIONAL CONGRESS OF THE CONFEDERATE STATES. Passed at the first session of the Provisional Congress, n-hich icas hcgun and held at the City of Montgomery, on Monday, February 4, ISGl, and continued to March 16, 1861. Jefferson Davis, President. Alexander H. Stephens, Vice Pre- sident of the Confederate States. Howell Cobb, President of the Congress. ' Chap. I.— An Act for the relief of William P. Bavhcr. February 25, 1881. Section 1. The Congress of the Confederate States of America do ^^^'^^'^■^■^^^^'^J'^^: enact, That William P. Barker, a citizen of the State of Alabama, be fication of his inren- authorizcd to file in the office of the Attorney General, a specification of ^'''"' an invention claimed to have been made by him, as an improvement in the * mode of castin» enact, That there shall be appointed by the President such number of chap- Army, lains, to serve with the armies of the Confederate States during the exist- ing war, as he may deem expedient; and the President shall assign them to such regiments, brigades or posts as ho may deem necessary; and the ap- pointments made as aforesaid shall expire whenever the existing war .shall terminate. Sec. 2. The monthly pay of said chaplains shall be eighty-five dollars; Their mtnihly and said pay shall be in lull of all allowances whatever. p:iy. Approved May 8, 1861 Chap. II. — An Act providing for a rrg{}nrnt of Zouaves in the Aimj of the Confederate M.av 4 li^CI States. L T/ie Congress of fhc Confederate States of Am ■'rica, do enact, That Ko;;iinont of there shall be added to the military establishment of the Confederate ""u^'ves added to States, one regiment of Zouaves, to be composed of one colonel, one Ji<^''i-iishment "^^ ca a - tenant-colonel, one m;ijor, and ten companies ; and each company shall consist of one captain, one first lieute;iant, two second lieutenants, one sergeant major, one quartermasters sergeant, lour sergeants and eight ^^^ allow- corporals, and ninety privates. And to the I'cgiment there shall be at-ances. tached one adjutant and a quartermaster, to be selected from the lieu- tenants. And one assistant surgo;)n shall be appointed for the regiment, in addition to those already authorized by law for the medical depart- ment. The monthly pay of the officers of the regiment of Zouaves shall be the same as that of officers of infantry of the same rank ; the allow- ances shall also be the same as those provided bylaw for officers of infan- try ; and the adjutant and quartcrm.aster shall receive ten dollara per month in addition to their pay as lieutenants. The monthly pay of the 100 TROVISIONAL CONGRESS. Sess. II. Ch. 3. 18G1. enlisted men of said regiment of Zouaves shall be as follows : sergeants major and quartermaster's sergeants, twenty dollars ; sergeants, seven- teen dollars ; corporals, thirteen dollars ; and privates, eleven dollars each ; together with the same rations and allowance for clothing as are received by all other enlisted men. Appro VED 3Iay 4, 1861. May C, I'Gl. CnAr. III. — An art recr>-jnizin(i the existence of war between the United Slates and the Confederate Statei<; and concerninj letters of marque, prizes and prize goods. Preamble. V>'hcreas, the earnest efforts nuule by this Government to establish friend- ly relations between the Govornnient of the United States and the Confederate States, and to settle all questions of disagreement between the two Governments upon principles of right, justice, equity and good faith, have proved unavailing by reason of the refusal of the Govern- ment of the United States to hold any intercourse with the commissioners appointed by this Government for the purposes aforesaid, or to listen to any proposal they had to make for the peaceful solution of all causes of difficulty between the two Governments ; and ichrrrai^, the President of the United States of America has issued hisproclamation making requi- sition upon the States of the American Union for seventy-five thousand men for the purpose, as therein indicated, of capturing forts and other strongholds within the 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 equip- ped 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 ichcreas, the State of Virginia has seceded from the Federal Union and entered into a convention of alliance offensive and defensive with the Confed- erate States, and has adopted the Provisional Constitution of the said States; and the States of 3Iaryland, North Carolina, Tennessee, Ken- / tucky, Arkansas and Missouri, have refused, and it is believed that the State of Delaware and the inhabitants of the territories of Arizona and New Mexico, and the Indian territory south of Kansas, will re- fuse to co-operate with the Government of the United States in these acts of hostilities and wanton aggression, which are plainly intended to overawe, oppress and finally subjugate the people of the (confed- erate States; and vhercas, l:)y the acts and means aforesaid, war exists between the Confederate States and the Government of the United States, and the states and territories thereof, except the States of Maryland, North Carolina, Tennessee, Kentucky, Arkansas, Missouri and Delaware, and the territories of Arizona and New Mexico, and the Indian territory south of Kansas : Therefore, Section 1. The Concjress of the Ci)vfcd''rate States of America do enact. That the President of the Confederate States is hereby au- Prc&idcnt author- thorized to use the whole land and naval force of the Confederate States lied to "se the to jjjg(.t, the war thus commenced, and to issue to private armed vessels v.-|iolo Land and na- • • i ,. i> j i • i • \ v ral forces. Commissions, or letters oi marque and general reprisal, in such lorm as And to issue let- ^^^ f^hall think proper, under the seal of the Confederate States, against t>i-ft-i;inc of <-ap- <> P •, J 1111 i ii tc 1 j» ii 1 fiircs ;inil itrines of lorleitedana shall acertie to the owners, otneers and crews ot the vessels ^.^^gp,^ ^^[^ ^^^^^ by whom such captures and prizes shall be made, and on due condemna- property. tion had, shall be distributed according to any written agreement which Distribution^ of shall be made between them; and if there be no such written agree- P'"'''^^- ment, then one moiety to the OAvners and the other moietj- 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 Stales. Sec. 6. That all vessels, goods and efiects, the property of any citi- "^'essnls and ofh- zen of the Confederate States, or of persons resident within and tinder |"J^.[|^'^^^"j-' [],l q^^ the protection of the Confederate States, or of persons jtei'manently and certain other within the territories and under the protection of any foreign prince, I'^rs on s, recap- government or state in an)ity with the Confederate States, which shall ''y"" ; *° ® "" 1 1 1 1 1 IT ■ 1 CI 1 1 • 1 1 11 1 1 '^'^"c' toowucrson have been captured by the United States, and which shall be recaptured ih e paymi;nt of by vessels commissioned as aforesaid, shall be restored to the lawful salvage. 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 decree of any court having jurisdiction, according to the nature of each case, agreeably to the provisions established by law. And such salvage ^' ''"''j'^'-i*^" of shall be distributed among the owners, officers and crews of the vessels ' ''"'^^' 102 PROVISIONAL CONGRESS. Sess. II. Cn. 3. 1861. cimmissioncd as aforesaid, and making such captures, according to any written agreement which shall be made between theiu ; and in case of no such agreement, then in the same manucf and upon the principles herein before provided in cases of capture. VesRol to bo Skc. 7. That before breaking bulk of any vessel which shall be cap- bri'.ight into port^Q^^d as aforesaid, or other disposal or conversion thereof, or of any ar- buik* ** ' " ' tides which shall be found on board tlie same, such captured vessel, and proceeded K'^o*^^ or effects shall be brought into some port of the Confederate agaiiist before a Stafcs, or of a uatiou or state in amity with the Confederate States, and competent tnbua 1. ^IjpII |.Q pj.QP(jg(jQf| gg.^l,,,^ |jjjfy,.g .j^ competent tribunal; and after con-' Condomnation Jq,2.j2j_j^^j^ and forfeiture thereof shall belong to the owners, officers and and lurici lure. „ ,, , . , i i !• -i i i r. cr(^w or the vessel capturing the same, and be distributetl as berore pro- vided ; and in the ca-o of all captured vessels, goods and cifects which D;s!riot C<""-ts<5]i.^|i )^Q l^j-ought within the jurisdiction of the Confederate States, the to have os^liisivo ,. . /» 'i /-» ,. V n i n i i • • • t ori-in;il cu -a i- district courts ot tiie Coulcdcratc States shall have exclusive original »ai>2o. cognizance thereof, as in civil canines of admiralty and maritime juris- diction ; and the said courts, or the courts, being courts of the Confed- . crate States, into which such cases shall be removed, and in which they max' dccrcs nsti- '^'^'''^^ ^° finally decided, shall and may decree restitution in whole or in tution, part, when the capture shall have been made without just cause. And and damages if made without probable cause, may order and decree damages and aad costi. costs to the party injured, for which the owners' apd comniandors of the vessels making such captures, and also the vessels, shall be liable. Persons on cap- Skc. 8. That all persons found on board any captured vessels, or on tared or iccnptu red |jQj,j.(j j^^y recaptured vessel, shall be reported to the collector of the port ported to the col- ''^ *^^ Confederate States in which they shall fil-st arrive, and shall be lector of iho pr)r;, delivered into the custody of the marshal of the district, or some court and delnerod lutoor militaiy officer of the Confederate States, or of any state in or near marsluil'* ac'.' ° such port, who shall take charge of their safe keeping and support, ati the expeuf^e of the Confederate States. In?iruclio:)3 by Shc. 9. That the President of the Confederate States is hcrcljy au- ««?„^='^«„'V !^,,.„" thorizod to establish and order suitable instructions for the better ji-ov- of Tes3els commis-crning and directing the conduct of the vessels so commissioned, their sion^d. officers and crews, copies of which shall be delivered by the- collector of Copies to be do- the customs to the commanders, when they shall give bond a? before liverod bv coilcc- • i a ^ o tors of the cus-F<^^'"Cd. toms. Sec. 10. That a bounty shall be paid by the Confederate States of Bounties uUow- twenty dollars foi* each person on board any armed ship or vessel, *<^- belonging to the United States, at the commencement of an engagement, which shall be burnt, sunk or destroyed by any vessel commissioned as * aforesaid, which shall be of equal or inferior force, the same to bo di- vided as in other cases of prize money; and a bounty of twenty-five dollars 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 brought into port, and delivered to an agent author- To bo paid by ized 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 commissioned as aforesaid, or their agent, the bounties herein provided. Commnndinn-offi- ^^'■^- ^^- That the commanding officer of every vessel having a com- cor of vesserbav- mission or letters of marque and reprisal, during the present hostilities ins a commission between the Confederate States and the United States, shall keep a re- an d ropris'al.'^'^'to S*^^^^ journal, containing a true and exact account of his daily proceed- kcep a rcgularings and transactions with such vessel and the crew thereof; the ports journal. V/ ha t thj and places he shall put into or cast anchor in; the time of his stay ■ journa ^o o*^"'* "• there and the cause thereof ; the prizes he shall take and the nature and probable value thereof; the times and places when and where PROVISIONAL CONGRESS. Sess. II. Cii. 3. 1861. 103 taken, and in what manner he shall dispose of the same ; the sliips or vessels he shall fall in with ; the times and places when and where he shall meet with them, and his observations and remarks thereon ; also, of whatever else shall occur to him or any of his offi.;ers or marine, or be discovered by examination or conference with any marines or passengers of or in any otherships orvessels,orbyany othermeans toviching the fleets, vessels and forces of the United States, their posts an-l places of station On arrival iuto . and destination, strenoth, numbers, intents and designs; and such com- P<"-t to produce his ^ ' ,,'^. ' ,. , ' , . • 1 • L c ly n commission and mandmg officer shall, immediately on his arrival m any port ot the <^p»- deliver up Lis jour- federate States, from or during the continuance of any vayage or cruise, ual. produce his commission for siu h vessel, and deliver up such journal so kept as aforesaid, signed with his proper name and haul-writing, to ^^^<^ ^^^^^'"',^7 ,° ^ J^oJ collector or other chief offii.'er of the customs at or nearest to such port ; ^"^^.^'^^^^j^^.f^^ °^ the friith of which journal shall be veiified by the oath of the command- acoount of thoofli- ing oflicer for the time being. And such collector or other chief olfi ;er cers and mon, tho of the customs shall, immediately on the arrival of such vessel, order the j^^'™'''''^ "^ S'^"^' proper officer of the customs to go on board and take an account of the y^g^gi not to ofHcers and men, the number and nature of the gnus, and whatever else icavc port till jour- shall o.'cur to him on examination material to be known ; and nosuch ves-nal shall Uuve been sel shall be permitted to sail out of port again until such journal shall l'ave^^^J["*j!|.|'^^^^^^^^ been delivered up, and a certificate obtained under the hand of such co1-jy,„u offioor of tho lector or other chief officer of the customs that she is maimed and armed customs, according to her commission ; and upon delivery of such certificate, ''^"J ^^^^^^ruJerod: former certificate of a like nature which shall have been obtained by the „p commander of such vessel, shall be delivered up. Sec. 12. That the commanders of vessels having lett<;rs of marque ''^'i^j^iec'tC.g t» k' op°> reprisal as aforesaid, neglecting to keep a journal as aforesaid, or wilfully journal, or wilfully niakiir.' frau lulent entries therein, or obliterating the record of anv mate- makiug fraudulent rial transactions contained therein, where the interest of the Confederate ^'^t'-^««t'^°'^«'"'°t°- States is concerned, or refusing to produce and deliver sucdi 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 commander^, ri^s'-yec- tively, shall forfeit for every such offence the sum of one thousand dollars, one moiety thereof to the use of the Confederate States, and the other to the informer. Sec. 13. That the owners or commanders of vessels having letters of PcnaHy for vlo- marque and reprisal as aforesaid, who shall violate any of the acts of ['^{'"S. tho acts for ^ * • 1 II • /• 1 /• 1 /-I i" 1 i ci i , tho collection of Congress for tlie collection ot tlie revenue ot tiie uontederate States, and d^g rovcnnc ind for the ])revention of smuggling, shall forfeit tlie, commission or letters of tho prevention of marque and reprisal, and they and tho vessels owned or commanded by ^"^"Si""©- them shall be liable to all tho penalties and forfeitures attaching to mer- chant Tcssels in like cases, Sbc. 14. That on all goods, wares and merchandise captured and made Deduction allow- good and lawful prizes of war, bv anv private armed ship liaving commis-'-''^ °/ duties on • 1 ^x ,> 1 • "i 1 .1 • . 11 r i • £ ii Roods captured ind sion or letters ot marque and reprisal under this act, and brouglit into the JJj,^,io lawful Confederate States, there shall be allowed a deduction of thirty-three aud prizes, one-third per cent, on the amount of duties imposed by law. Sec. 15. That five per centum on the net amount (after deducting all Five per cent, on charges and expenditures) of the prize money arising from captured ves- *^'o "ct am:iu t of II 1 .1 1. i. x-"ii i' CI J P'"izo money and sels and cargoes, and on tlie net amount of the salvage ot vessels <^»<1 gaWatro to b'a paid cargoes recaptured by the private armed vessels of the Confederate States, to collectors of shall be secured and paid over to the collector or other chief officer of the customs, oonsuis, customs, at the port or place in the Confederate States at which such cap- """g^^'^®'^ ^"^''" tared or recaptured vessels may arrive, or to the consul or other public agent of the Confederate States residing at the port or place not within tho Confederate States at which such captured or recaptured vessel may 104 mOVISIONAL CONGRESS. Sess. II. Cii. 4, 5. 1861. T h i 5 money to arrive. And tlie moneys arisini; (lierefrom p])all be licld and are licreby constitute a fund pledged by the governiuont of the Confederate States as a fund for tha for the ^"PPor' oi ^.^^ .(. .^^^j maintenance of tlie widows and ori)hans of such persons a> the widows audi.r- ^' , , ■ j <• .1 * 1 • * ' f 1 ^ ph.ins of persons iiiJiy ue shtin, and tor tlie suj)|)oit and maintenance ot such persons as killed, and other may be \vounded and disabled on board of tlie private armed vessels corn- persons, missioned as aforesaid, in any engagement with the enemy, to be assigned and distributed in such manner as shall hereafter be provided by law. AiTKOVED May 6, 1861. ]\Iay 7, 18G1. Chap. IV. — An Actio admit the Commonwealth of Virginia as a member 0/ the Conjed- cvate Stales of Annrica. Admission of The Commonwealth of Virginia having, in a convention of her people, Virginia. ratified and adopted the Constitution for 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 fooling with the other Confed- erate States, under the Constitution for the Provisional Government of the same. Approved May "7, 1861. May 8, 1801. Ciiap, V. — An Act to raise an additional military force to serve during the war. President author- The Congress of tlie Confederate States of America do enact, "J'hat ized toacceiit tbcjn addition to the volunteer force authorized to be raised under existing services of volun- ^^ ^j^^ President be and he is hereby authorized to accept the services teers ■wiibout re- ,. , ^ , . r . , 111 r gard to the place 01 volunteers who may oiler their services, without regard to the place of of enlistment. enlistment, either as cavalry, mounted riflemen, artillery, or infantry, in such proportion of these several arms as he may deem expedient, to serve for and during tlie existing war, unless sooner discharged. May be accepted Sec. 2. That the volunteers so offering their services may be accepted in companies an d by the President in companies, to be organized by him into squadrons, organized i n to j^j^jtalions or regiments. The President shall appoint all field and staff £(i iiiKir&ns etc ^ Prcs'd 't t ' officers, but the company officers shall be elected by the men composing pointiield and staff ths company ; and if accepted, the officers so elected shall be coinmis- ollicers. Company sioned by the President. officers elected by ^^^^ ^ rj^-j^^^^ ,^1^^ vacancies occurring in the ranks of the several com- eomniissioued' by P^iiies mustered into service under the pi ovisions of this act, may be filled the President. by volunteers accepted under the rules of such companies ; and any va- Vacauciesj how (.fjj^^-.j^^g occurring ill the officers of such companies shall be filled by elec- tions in accordance with the same rules. Sec. 4. Except as herein differently provided, the volunteer forces tj bo"'subjee°'^*^to ^^®^'*^% authorized to be raised, shall in all regards be subject to and or- actslbrthegovern- ganized in accordance with the provisions of "An act to provide for the mcnt of tl.e army, public defence," and all other acts for the government of the a) mies of tho Confederate States. Approved. May 8, 1861. PROVISIONAL CONGRESS. Sess. II. Ch. 6, 7. 1861. 105 Chap. VI. — An Act to amend "An act vesting certain powers in the Postmaster General," May 9, 1861. ai>proved March 15, 1861. The Congress of the Confederate States of America do enact, That PoatmasterGen- tbe pro\visions of " An act vesting certain powers in the Postmaster Gene-^J""^ '" *-^'^° entire ral," approved March fifteenth, one thousand eight hundred and sixty- jg^j'g^j!^y|^.^_ ^ ^° one, be so amended as that he be .and horel)y he is autliorized, on and after a day to be named by liini in a prochimation to he issKed by hini for that ])urpose, 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 Empowered to ho hereby is authorized and cmpowemd to annul contracts, or to discon- '^""V? '^""^.''I'^^S' '^•" ,. i •! ii • 1 ii 1 1 1 11 1 -i T to discontinuo or tinue or curtail the service and pay on llicm, when he shall deem it ad- gurtaii the service visable to dispense ^vilh the service, in whole or in part, or to place a etc. higher or difterent grade of service on the route, or wlien the public in- Extrapayallow- terests shall require snch discontinuance or curtailment for any other ed wbere service cause, he allowing one month's extra pay on the amount of service dis- ^I'scoutumed. pensed with, in full of all damages to the contractor. Sec. 3. And he it farther enacted. That the railroads in the Confede- Classification of rate States be and they are hereby divided into three classes, on the, fol- lowing basis, viz: The great tlirough lines connecting imjiortant points and conveying heavy mails, to be class number one ; comji!eted railroads connecting less important points, but carrying heavy mails for local distri- bution, to be class number two ; and roads on which less important mails are conveyed, short branch roads, and such unfinished roads as do not carry grest mails or connect important points, shall be class number three. Sec. 4. And he it further enacted, That in contracts made with rail- C ompcBsation road companies for carrying the mail once a day, on schedules to be agreed ^'^"^cd railroad ,,1-,' . /-I ■ 1 n ii . .■ i 1- comfianics. on, the rostmaster 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 ])er mile ; the amount of compensation 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 Additional pay be performed in the night time, it shall be lawful tor the Postmaster Gen- "'° '''"''°°' era! to pay twenty-five per cent, in addition to the above named maximum rates of pay : Provided, further, That the agents, messengers, and other Employees of traveling employees of the postoflice department shall pass free of cluirgo p!,^.,^"^^'^'^'^ ,^^," over such roads, respectively; and this act shall take clTect and be of n-ce over the road. force from and after its passage. Approved May 9, ISGl. Chap. VII. — An Act to amend "An act to provide fo.- iJie piihlic defence," approved May 10, 1861. March 6, 1861. The Congress of the Confederate States of America do enact. That Presi 'cnt m a y the President may receive into the service of the Confederate States any receive into service company of light artillery, which by said act he is authorized to do, with companies of light 1, 1 " i i- /T ' 1 ' 1-1 1 • T ■ artillery, such complement ot ofhccrsand men, and with such equipments as to him shall seem proper; anything in said act of the sixth of March, one thou- sand eight hundred and sixty-one, to the contrary, notwithstanding. Approved May 10, 1861. 106 PROVISIONAL CONGRESS. Sess II. Ch. 8, 9. 1S61. May 11, ISCl. CnAr. VIII. — An Act to maJce further provision /or the joublic di/cncc. Preamble' Wliorea?, war exists between the United States and the Confederate States; ' and whereas tlie public welfare may require thji reception of volunteer forces into the sei'vice of the Confederate States, without the fonnality and delay of a call upon the respective States : [Therefore] — President author- ^'''^ Congrcss of the Confederate States of America do enact, That jz d t. receive into the President be authorized to receive into service such companies, bat- ser ica compinius. talions or regiment.s, eitlier mounted or on foot, as may tender tln?uiselves, mcms' "^^ "^ ^'^'^^ ''*"'■' ^'^ "^''^y require, without the deUy of a formal call upon the respec- tive States, to serve for sucli time as he may prescribe. Organization of Sec. 2. Such volunteer for(;es wTio may bo accepted under this act, cx- vuluiucer forces, cept as liereiu diti'crently provided, shall be oi'<>-anized in accordance with and subject to all the ])rovisions of the act entitled "An act.io provide for Allowances. the public defence," and be entitled to all tlie allowances provided t! erein; Service. and when mustered into service, may be attached to such divisions, bri- Batfalions, etc., g.'ides or regiment.-< as the President may direct, or ordered upon sucli in- from States not of dependent or detached service as the President may deem e\])edient : the Confederacy. p^Q(-iJ,,fi hoicever, That battalions and reu'iments tnay be enlisted from i resilient lU'iv flP- *^ . point th field oS\ States not of this Confederacy, and the President may appoint all or any ccrs. of the field officers tlieieof. Cominiision of Sec. 3. The President shall be authorized to commission all officers en- ofHccrs. titled to commissions, of such volunteer forces as may be received under the provisions of this act. And upon the request of the officer com- Supernumor:iry manding such volunteer regiment, battalion or company, the I'resident nan v*^ '" '^''"'^ '^""^ may attach a supernuuieiary officer to each company, detailed from the regular arniy for that purpose, and for such time as the President may di- rect. Approved May 11, 180 1. pany. May 11, 1S61. Chap. IX. — An Act relattve to telcgra^ih lines of the Confederate States. Pres-'ident au- The Congress of the Confederate States of America do enact, That t^onzod to t ake (]jj,.j,^g |^],g existing war, the President be and he is hereby authorized and graph lines. "^ '^" empowered to take suidi control of such of the lines of telegraph in the Confederate States, and of such of the offices connected therewith, as will enable him effectually to supervise the cotumunications passing through the same, to the end that no communications shall be conveyed of the military operations of the government to endanger 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. To appoint agents Sec. 2. The President shall appoint trustworthy agents in sucli offices, to supervise c©m- r^;^-^^ ^^ ^m-X\ points ou the various lines as he may think fit, whose duty it zuunlc^lion^ ^ *' shall be to supervise all communications sent or passing through said lines, and to prevent the transmission of any communication deemed to be det- rimental to the public service. When he may Sec. 3. In case the owners and managers of said lines shall refuse to ake possession ofp(j,.,y,it ^\\c\\ supervision, or shall fail or refuse to keep up and continue the business on said lines, the President is hereby empowered to take posses- sion of the same for the purposes aforesaid. _ Tois-ueinstrnc- Sec. 4. The President shall from time to time issue instructions to the tions to tlio agents r,o-ents .so appointed, and to the operators of the various lines, to regulate and operators of.f , .' '. ^' • ..• ^ i • ..i x- , do solemnly swear P-'»'^ required of that I will support antl maintain the Constitution of the Confederate " '■*^"" States of America, and will not, knowingly, directly or indirectly, transmit through the telegraph any communication or information calculated to in- jure the cause of the Confederate States, or to give aid or comfort to their enemies." Sec. 10. That if any person shall knowingly send or transmit any mes- Communications sage or communication toutdiinor the military operations of the jrovern- * "*"'"" mi itary • 1 1 • ,> 111- ■ ,.1 operations, ment, without the same being hist submitted to the inspecttion or the agent p,,rty sendinir of the government, or any message calculated to aid and promote the suVjcct to indict- cause of the enemies of the Confederate Slates, he sliall be subject to in- ra«"t. dictment in the. distric^t court of the Confetlerate States, and on convic- Fine .lud impri- tion shall be fined in a sum not less than five hundred dollars, and iiu- ^""'"^" " prisoned for a term not less than one year. Approved May 11, 18G1. Chap. X. — An Act to amend an act entitled "An net to fix the pepartmont to iho Chios of the the privilege therein conferred upon the ]\>stmaster General, his chief bureaus the frank- (.]g,.i 3,^ J tljy j^^^jj^Q,. ^f the trcasui'v for the Postoffice Department, of iii'conf.jrred on the ^''^"^"iitting through the mails, free of postage, any letter.s, p-ickages, or Po;tmuster Geae- Other matters rehiting exclusively to their official duties or to the business of the I'oslofhce Department, subject to the restric)(^ous and penalties }>re- scribed by the said proviso ; and that this act take effect and be of force from and after its passage. Approved May 13, 1861. eral and other:? M.ay 14. 1861. Chap. XIV. — An Act to suspend the operations of the Mints. Cpor;iti n.^ofthe ^^''^ Conffrcss of the Confederate States of America do enact, That mints suqicuded. from and after the tirstday of June ensuing, the operations of the several Moneys a-idbul- mints in the Coiifeilerate States be suspended ; and that all officers therein lion tr.insferrad to , ,, , • xi • r i- ^ • i • i n l t he Trcaurer of^"''" t^easc to exercise their functions or to receive any salaries; and that the C. S. all moneys and bullion in the hands of any officer shall forthwith be trans- ferred to the Treasurer of the Confederate States. Mint at New Or- Sec. 2. That the mint at New Orleans, with the tools, implements and leans and appur- r^\\ jippurtenanccs, be placed by the superintendent in charge of some fit char'-e of some lit Person, to be approved by the Secretary of the Treasury ; and that the said person. Secretary be authorized to accept the superintendent as such custodian. The supernten- .^^j ^f, allow him, or such Other person as mav be appointed, the use and aeiit may be ac- ^. i- ^i ' .• t ^ c i " ^ iV • • i *• cc!»ted iis custo- *^^''""P''^t'^" °' t''*^ portion heretofore used as a dwelling, in consideration dian. iiis compcn- of his undertaking the charge and safe-keeping of the whole estabUsh- t'o"- ment. ' Same course :m- g^^, 3^ jhat the Secretary of the Treasurv, nntil otherwise directed by thorizeiliu relation , , ,1 • i . ^ 1 ^i • 1 .• . ^i • ^ j i to themintatDah- '^^^' ^^ autliorizcd to take tlie same course in relation to the mint and put)- lonega. lie property connected with it at Dahlohega. Appkoved May 14, 1861. PROVISIONAL CONGRESS. Sess. II. Ch. 15, 16, 17. 1861. HI Chap. XV. — An Act to organize further the Bureau of Superintendent of ruhlic Printing. May 14, 1S61. The Coiifireas of the Confederate States of America do evact, That jJalary of super- tlie salary of llie Siipeiintendynt of PuMic Piinliiii'- sliali be three thou- inteudentol public sand dollfirs, payable as other salaries of heads of bureaus in the several P""^'"»" departments. Sec. 2. The Superintendent of Public Printing sliall be entitled to a His messenger niesseii^er, who shall receive a salary of three hundred dollars per annum. "°i, '* *" , "P'" . c o Vi 1 r .• i" *i 1 I • 1 <• /' 1 II 1 ■'■"*^ publication 1>EC. 3. Ihe publication of tlie laws and journals oi Coniifross sliall oe of the laws. etc. to exclusively under the direction of the Superintendent of l^iblic Printins;, be umkrthe direc- subiectto the supervision and control of the Attoinev General. And the f'"" "f ^^^ super- Superintendent may contract witli publisliers of newsjiapers as to the terms Contiacis with of publication of the laws and jouinals, notexceedinoj in compensation the lubLsUcrs of Lews- rates usually paid by other advertisers for similar work. papers. Sec. 4 The Superintendent shall have authority to contract, by adver- Adver.ising for tisinpf for sealed proposals, for all paper necessary to do all the printinrr*'^'^'"^ P*'"!*'^*^^®' ordered by Congress, or eitlier one of the executive departments. In all cJu tracer to cases the contractor shall furnish the paper, at such times and in such fmni.-h pi.pc-r as quantities as the Superintendent shall lequire, and shall mve bond, with !^ ■-"P^""'^'-"^*^"* / 1 .■ i- *i i- ■,\ f \ r i- .1 . i sha I rcciuire. To two good sureties, tor the taitlilul performance ot the contract. give b.ud ; nd sc- rs for printing by Congress, or any of the executive de-cmiiy. sent to the Superintendent of Public Printing, to be. Orders f..r print- ) the printer or contractor ; and the printing, when com- !"^^ J^ ^^"^ 'i^^r"'^ Sec. 5. All orders for printing by Congress, or any of the executive de-cmiiy. partnients, shall be by him , m same dcpart- cular biancli or expenditure in Miatdepartment, l)e applied to another uranch ment. of expenditure in the same department; in which case a s^iecial account t^peciiil account of moneys thus transferred, shall be laid before Congiess during the first 'lii^^''eof to bo laid AVeekofthe next ensuing session. ^' ■ before Congress. Sec 2. This act shall continue and be of force until the end of the ex- When thisactto isting war, and no longer. cease. Ai'i'KOVED May 14, 18G1. Chap- XVII. — An Act to define the limits of the port of Keto Orleans, and for other pur- May 14. 1SC1. pus vs. • The Congress of the Confederate States of America do enact, That T^imi's of t h e the port of New Orleans, in the State of Louisiana, shall embrace and in- ['"'''•_^"' 'V' ^'l ^^' elude all the waters, inlets and shores on both sides of the river Mississippi, ^' '' within the whole parish of Orleans, that part of the parish of Jefferson on the right bank of said liver to the upper line of the Destrehans canal, 112 PROVISIONAL COXGRESS. Sess. II. Ch. 18. 1861. 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 Uurtsville. The rorts of dc- T|,at the ports of delivery known as bayou St. John's, Lake Port, and Port bayou St°°Jolia'!;^ ^'""^^''""''-"'^'"' ^""-^ ^^'*^ customs officers authorized therefor, be and the Lake Port, a n d same are hereby abolished and discontinued, and all the waters, inlets and Port Pontchar- wliores embraced within the limits of said ports be added to and included traiD, and the cus- j^^^jj^ .^ ^^ -^ Orleans. toms officers, abol- i >^ lished and discon- ApPKOVED May 14, 18G1. tinued. May It, 1301. Chap. XVIII. — An Act rejxdnlinj the. sale of prizes, and the distribution thereof. Sale of prizes. Tkc Confjrcss of the Confederate States of America do enact. That all prizes of vessels and property captured by ])riv;ite armed ships, in pur- suance of the act passed by Congress recognizing the existence of war between the United States and the Confederate States, and concei'uing letters of marque, prizes and prize goods, which may be condemned in any court of the Confederate States, shall be sold at public auction by the marshal of the district in which the same .shall be condemned, within sixty N.tico of the 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 privateer Terms. which may ha\e captured the same : Provided, That the term of such Purchaser muy credit shall not exceed ninety days. And the said marshal is hereby di- moncy or^gTve h\s '"^''^^'■^ ^^ ^'i'^^ '"^"'^ receive from tile purchaser or purchasers of such prize promissory note, vessel and property, the money therefor, or his, her or their promissory notes, with endorsers, to be ai)proved by the owner or owners of the priva- teer, to the amount of the purchase, payable according to the terms thereof. Payment by the Sec. 2. That upon all duties, costs and charges being paid according to mar. of the officers and crew of the said priva- teer, to be distributed according to law, or to any agreement by tliera Proviso. made: Pronded, 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 nhall have been made by the owner or owners of the privateer, to the offi- cers and crew thrreof. Commission al- Sec. 3. That for the selling prize property and receiving and paying lowad^mnrshal for over the proceeds as aforesaid, the marshal shall be entitled to a coramis- iog alid payin^gSion of one per cent., and no more, first deducting all duties, costs and ©Ter the proceeds, charges, which may have accrued on said property : Provided, That on no PROVISIONAL CONGRESS. Skss. 11. Ch. 19. 1861. 113 case of condcranatinn and sale of any one prize vessel and cargo, shall the commissions of the maratal exceed two hundred and fifty dollars. Sec. 4. That it shall be the duty of the marshal, -R-itliin fifteen days Marshal to file ac- after any sale of prize property, to file in the office of the clerk of thee""'it of the sales, district court of the district wherein such sale may be made, a just and '^"'j "^, '*-^' ^ " V'.f ,, , , /. 1 • " 1 ,^ II 1 • 1 ^"'1 charges, wuu true account of the sales of such prize property, and of all duties and a statement of the charges thereon, together with a statement thereto annexed of the pro- promissory notes missory notes taken on account thereof, which account shall be verified ^"'^.f"" by the oath of the said marsluil j and if the said marshal shall wilfully j^^ verified by his neglect or refuse to file such account, he shall forfeit and pay the sum oath, of five hundred dollars for each omission or refusal as aforesaid, to be Penalty for fail- recovered in an action of debt by any person interested in such sale, and j^i,],.' suing for the said penalty, on account of the party or parties interested in the prize vesssel or property sold as aforesaid, in any court having cognizance thereof. 8ec. 5. That the ovrner or owners of any private armed vessel orvcs- Removal of prize pels, or their auent or afretits, may, at any time before a libel shall be ^."'^'"^''^ """ rrf>peity liled against any captured vessel or her cargo, remove the same Irom any an(,;in,r. port into which 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 com- plying with the same regulations with respect to the payment of duties which are provided by law in relation to other vessels arriving in port with cargoes subject to the payment of duties : Provided, That before Provisf^. such removal the said captured property shall not have been attached at the suit of any adA'crse claimant, or a claim against the same have been interposed in behalf of the Confederate States. ArPROVEB May 14, 1861. Chap. XI Tv. — An Art to r.rot-iilr f„r the andlting of aprnuntn of the PoKt-ofr.'c D'parl- Miiy IC, ] SCI. ment. — ■ Ihe Co)U/rcns of the Confederate States of America do enact, That The First Ajuli- it shall be 'duty of the First Auditor of the Treasury to receive all ac-;°;"^J.^'^;,<=-'''""-y • • • 1 T'l If -r^ 1 • " 1 ^^ ^^ audit the ac- counts arising in the Fost-ofnce Department or relative thereto ; to audit counts in the Postr- and settle the same and certify their balances to the Postmaster Cene- office l>epartm'jui. ral : Provided, That if either the Postmaster General, or any person Appeal allowed whose account shall be settled, be dissatisfied therewith, he may within *"; "^'^ Comptroller twelve months appeal to the Comptroller of the Treasury, whose decision'' ' ° roasury. shall be final and conclusive. The said Auditor shall report to the Report by AutJl- Postmastcr General, when required, the official fcn-ms of papers to be j^^^. (j|,^^,j.jj|°'^'^''*' used by poistmastcrs 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. lie shall keep and preserve all ac- ^"'I'torto kocp counts, with the vouchers, after settlement. He shall promptly report ^.gj,pj,^.,.g to the Postmaster Oeneral all delinquencies of pustmasters in paying and to report dc- over the proceeds of their offices. He shall close the accounts of the ''"nuon"csofpc8t. department (juarterly, and transmit to the Secrotaiy of the Treasury To close accc-m's quarterly statements of its receipts and expenditures. He shall regis- quarterly. tcr, charge and countersign all warrants upon the treasury for receipts 'I'o ro {rioter, and payments issued by tlie Postmaster General, when warranted by ^*^se and coon- law. He shall perform such other duties in relation to the financial con- other duties. cerns of the department as shall be assigned to him by the Secretary of the Treasury or the Postmaster General, and shall make to them, respective- 1!4 PROVISIONAL CONGRESS. Sess. II. Cii. 20. 1861. Tos'ateandcer-ly, sucli reports as either of them may require respecting the same. He Ufy quarterly, ac- j^hall state and certify quarterly to the Posgnaster General accounts of ovunts o^t e "J^"- tjjg „^o„cy>^ p;jiJ pm-f;nant to appropriations, in each year, by pohtnias- ters, out of the proceeds of their offices, towards the expenses of the department, under each of the heads of the said expenses specified in the appropriations; 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 appropriation for tlic ser- vice of the Post-office Department, on the books of the Auditor of the To superintend '"'^''^^^^^^y- ^^^- ^^^'-^^^ superintend the collection of all debts due to the the cuUeciion of department, and all penalties and forfeitures imposed on postmasters for dobtP.penaUicsiindfjiiiipg f^ make returns, or to pay over the proceeds of their offices, and root suitl"' etc ^ ' he shall direct suits and legal proceedings, and take all such measures as ma}'^ be authorized by law to enforce the prompt payment of moneys due to the department. To hare charge Sec. 2. And be it further enacted^ That the said Auditor shall have pay] poso of the same, duo them on acccmnt of the Post-office Department ; and to sell and dis- pose of lands or other property assigned or set off to the Confederate States iu payment of debts, or being vested in them by mortgage or other security for the payment of debts due to the said department, un- der such rules and regulations as may be prescribed by the Postmaster General. Clerks to he ap- Sec. 3. The Secretary of the Treasury shall appoint a chief clerk to pointed to aid the aid the First Auditor of the Treasury in auditing the accounts of the Auditor; their sal- p(jg|._Q£^gg Department, who shall receive a salary of two thousand dol- lars per annum; and shall appoint fifteen additional clerks, with salaries of twelve hundred dollars each, and fourteen other clerks, with salaries of one thousand dollars each, to aid the First Auditor of the Treasury Mcssong'T for in auditing the accounts of the Post-office Department. And he shall isury Depart- appoint one messenger for the Treasury Department, who shall be al- lowed a salary of five hundred dollars per annum. Auditor ra a y Sec. 4. Be it further enacted, That the said Auditor of the Treasury Bcnd c'.raniuniea-g]^j^]| j^g allowed to pcnd through the mail all communications, relating posl-oC]ce'b'usines3^'^^''''^^^'V'^'y ^^ ^he post-officc business, free of charge, under the same free of charge. rules, regulations and restrictions, and subject to the same penalties as are now prescril^od with respect to transmission free of charge by the Commencement heads of bureaus of the Post-office Department. And this act shall go of act. into effect from and al'ter its passage. Approved May 10, 1801. Trcasu moD Mav 16 ISCl CuAP. XX. — An Act to increnic the Mililnri/ cslahlixlimnnt of the Confederate States, . ! and to amend tlic " Act for the cslablishmeut and onjanization of the Arwy of the Confederate States of America.'' Increase of mill- The Congress of the Confederate States of America do enact. That taryeBtabhshment. t]j(j president shall be authorized to raise and organize, in addition to the present military establishment, one regiment of cavalry and two regiments of infontry, whenever in his judgment the public service may require such an increase, to be organized iu accordance with existing laws for the organization of cavalry and infantry regiments, and to be entitled to the same pay and allowances provided for the same respec- tively. PROVISIONAL CONGRESS. Sess. II. Ch. 20. 1861. 115 Sec. 2. That the five general officers provided b}' existing laws for Rank of "Geae- the Confederate States, shall have the rank and denomination of "Gen-ral" estiiblishcd as eral," instead of "Brigadier General," which ^hall be the highest military [^^ cr^/e!'^ '^^^' grade known to the Confederate States. They shall be assigned to such Assignment of commands and duties as the President may specially direct, and shall general officers to be entitled to the same pay and allowances as are provided for l^i'ig'^dier p"^^"'^^"^ ^" ^iiJ"_ generals, and to two aids-de-camp, to be selected as now provided by ances. law. Appointments to the rank of general, after the army is organized, Aiils-de camp. shall be made by selection from the army. t^^'^Fl^lT"!)*' i" •'., , 1-11 ■ 1 • • ^ '"^ rank ot genc- Sec. 3. That the President be autliorizeu', whenever m his judgment ral. the public service may require the increase, to add to the corps of en- Increase of tUo gincers one lieutenant colonel, who shall receive the pay and allow- *'*''"P^ "^^ '^"K'necra. ancos of a lieutenant colonel of cavalry, and as many captains, not ex- ceeding five, as may be necessary. Sec. 4. That there be added to the quartermaster general's depart- Tnercns-cofQuar- mont one assistant ((uartcrmastcr general, with the rank of lieutenant tcimasfcr Gene- colonel, and two quurtermistors, with the rank of major ; and to the ^"^ ^ department, commissary general's department, one assistant commissary, with the rank of major, and one assistant commissary, with the rank of captain; and to the medical department, six surgeons and fourteen assistant sur- and of the med- ■ treons '^^^ department. Sec. 5. That the President be authorized to appointas many military Military store- storekeepers, with the pay and allowances of a first lieutenant of infiin- keepers, and their try, ;is the safe-keeping of the public property may require, not to ex- P'^y J'^'' ^ allow- ceed in all six storekeepers. Skg. G. That there bo added to the military establishment one quar- Quartermaster tcrmaster sergeant for each regiment of cavalry and infantry, and one sergeant and ord- ord nance sergeant for each military po.st, each to receive the pay and ''•''"'^** ^''^'o'-''^"''^'^- allowanccs of a sergeant major, according to existing laws. Sec. 7. That there may be enlisted for the medical department of the Hospital s tow- army, for the 'term already provided by law for other enlisted men, nrds. Their pay as many hospital stewards as the service mny require, to be determined *"<>' i^H'^vances. by the Secretary of War, under such regulations as he may prescribe, and who shall receive the pay and allowances of a sergeant major. Sec. !^. That until a military school shall be established for the clc- state cadets to mentary instruction of officers for the army, the President shall be au- be attached to com- thorizivl to a])point cadets from the several states, in number proportion- P"'"'®^'*^'*"Pf""" ed to their representation in the House of Representatives, and ten in with the rank of addition, to be selected by him at large from the Confederate States, cadet. who shall be attached to companies in service in any branch of the army, as supeniumerary officers, with the rank of cadet, who shall receive the monthly pay of forty dollars, and be competent f(tr promotion at such Monthly pay. time and under such regulations as may be prescribed by the Presi- Competency foi dent, or hereafter established by law. promotion. , Sec. 9. That the President be authorized to assign officers of the Assignment of army of the Confederate States to staif duty with volunteers or provi-^Jjy"" ^^ ^'^"^ sional troops, and to confer upon them, v-fhilst so emploj'ed, the rank corresponding to the staff duties they arc to perform. Sec. 1*). There shall be allowed and paid to every able-bodied man _ Bounties to en- who shall be duly enlisted to serve in the army of the Confederate ^^ ™®''' States, a bounty of ten dollars; but the payment of five dolhirs of the said bounty shall be deferred until the recruit shall have been mustered into the regiment into which he is to serve. Sec. 11. That the provision of the third section of the act of the Act of the Crn- Conm-ess of the United States, makintr appropri.ations for the lcu:islative, ^'^®^'!,?:. V'. r 1 • J- • 1 r *i tr n t prohibitmg the executive and judicial expenses oi the government tor the year ending purchase of arms the thirtieth day of June, A. D., eighteen hundred and sixty-one, ap-and military sup- 116 TROVISIONAL CONGRESS. Sess. II. On. 21,22, 23. 1861. plies of a patented proved June twenty-third, eighteen hundred and sixty, which declares inycntion, etc., ?iis- that no amis nor military supplies v?hatcver, which are of a patented pended during the jj^^^^jj jpj^^ i>hall be purchased, nor the right of using or applying any ^^'"'" patented invention, unless the same shall be authorized by law, and the appropriation therefor explicitly set forth, that it is for such jiatentcd invention, (if of force within the Confederate States,) shall be stLspended in its operation for and during the existing war. ArpuovED May 16, 1861. May IC ISCt. Chap. XXI. — -(» Act to j'^^ozvle. a compr.unnti'on/or the Dlsl^rslnrf OJ/tcerg of tJie acve- , ! - ral Executive Dcpitrlmcnts. Dishursi-g clerk The Coivjrcss of the Confederate Statcx of America do enact, That foroach of thedc-^l,^ gggj.gtaries of the State, Treasury, "War and Navy Departments, partmcuts. ^^^j ^^ ^-^^ Department of Justice, and of the I*ost-offlcc Department, nis compcnFa- shall appoint one of their clerks as u disbursing clerk; and such tion. clerk shall be alloAVcd, in addition to his compensation as clerk, the additional sum of two hundred dollars per annum, for disburf3ing the funds of said departments whieli may be required to pass through their hands. And that all laws and parts of laws now in force re- lating to this subject, be repealed ; and that this act take effect and be of force from and after its passage. Appro VED May 16, 1861. ifi mn ntinueap-|.^j^ President be authorized to continue the appointments made by him bybimln'ihem1ii-in the military and naval service during the recess of Congress or tho t'fryand Bavals&r- present session, and to submit them to Congress at its next session. ^^••«- Approved May 16, 1861. PROVISIONAL CONGRESS. Sess. II. Ch. 24, 1861. 117 *Chap. XXIV. ~^» Act to authorize a loan and the issue of Treasury Notes ; and to 2Jrs- JJay 10, 1861. erril/e the jjunishment for forgimj the same, and for forr/iiig Ccrtijicatcs (^ Stock, and — Bonds, The Congress of the Confederate States of America do enact, Tliat Secretary of tbo the Secretary of the Treasury may, with the assent of the President of Treafury autUor- the Confederate States, issue fifty millions of dollars in bonds, payable i^^^ to '^'^"^ fi*"^^ ,,1 •,• x>i.i. i" ii'ii. 31 •.. p millions of dollars at the expiration or twenty years Iruiu their date, and bearing a rate oi ^.^ bonds. When interest not exceeding eight percent, per annum until they become paya- payaWo, and rate ble, the said interest to be paid semi-annually. The said bonds, after "^ interest. public advertisement in three ncwsiiapcrs within the Confederate States „„*","• '^ 't ^^ ^ ""^ tor SIX weeks, to be sold lor specie, military stores, or tor the proceeds of sales of raw 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 g^crctarv to ro the Secretary of the Treasury to report, at its next ensuing session, to port his transac- thc Congress of the Confederate States, a precise statement of his trans- tious to Cougresa. actions under this law. Nor shall the said bonds be issued in fractional Donomiuation of parts of the hundred, or be exchanged by the said Secretary for treasury bonds. notes, or the notes of any bank, corporation or individual, but only in the manner herein prescribed: Provided, That nothing herein contained ehall be so construed as to prevent the Secretary of the Treasury from receiving foreign bills of exchange in payment of these bonds. Sec. 2. And he it further enacted, That in lieu of bonds, to an amount Secretary of tho not exceeding twenty millions of dollars, the Secretary of tlie Treasury, Treasury may ia- with the assent of the President, may issue treasury notes to the same •''^^ treasury notes amount, without interest, and in denominations of not less than five dol- )!'„ °^f 'i"!*^ j*'^' i*^ 1 1 • 1 1 • 1 1 • n ^^ T ^ OOIiaS, tO lars — the said notes to be receivable in payment ot all debts or taxes the am'mut of due to the Confederate States, except the export duty on cotton, or in twenty miliiona of exchange, for the bonds herein authorized to be issued. The said notes "■""*'■ . 1 11 111 1 IP /• 11 oi'- • I'euominalion. shall be payable at the end ot two years troni the date ot their issue, in The notes reccir- Bpecie. The holders of the said notes may at any time demand in ex- a^le in payment of change for them bonds of the Confederate States, pavable at the end of^'^^^T ^^^^^' ^'^' , 1 1 • • f. • 1 ' i •/ cent, 1, au- q^ act to authorize the issue of treasury notes, and to prescribe the pun- thoriziDg the issue . , i. p /> • ^.i. i i- r • x-jj ^ c ± ^ of treasury note?, isbment lor lorging the same, and tor lorging certmcates oi stocks, consitlL-redasapart bonds, or coupons, and approved March ninth, eighteen hundred and of this act. sixty-one, 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 Secretary of the treasury notcs. Treasury to collect gec. 6. And be it further enacted, That for the purpose of raising ten the'^'va'ue ^of%ro- ^^^'''^'^^ ^^ dollars within the present calendar year, and of providing perty, Ac, in the fur the iiltimate redemption of the debt herein authorized to be con- btates, wiih thetractcd, the Secretary of the Treasury is hereby directed to collect adoD ^ To^ ma^ke "^^'^'""'^*'*^" '° regard to the value of the property, the revenue system, report to Congress, and the amount collected during the last fiscal year in each of the Con- federate 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 contracted by the pledge of the faith of the Confederate States to pay the principal and interest of Payment by the said debt when due. State into the Sec. 7. And he it further enactcdy That any State may pay into the Treasury in atiiici-^j.g^^g^ in anticipation of the tax aforesaid, any sum not less than one pation ol the tax. , , V, , i i n • • -^ • i x j -x- xi. hundred thousand dollars, in specie or its equivalent; and ii/thc 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 3Iay IG, 1861 May 17, 1861. CnAr. XXV. — An Act to admit the Slate of North Carolina iuto^he Confederacy, on a — ■ certain condition. * Preamb'e. rpj^^ State of North Carolina having adopted measures looking to an early withdrawal 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 — Admission of rho The, Congress of the Confederate, States of Ameriea do enact, That ^'*Sina*ufonVhe*'^^^ ^^'^*^ "^ iVorth Carolina shall be admitted a member of the Confede- couditio^n &c. ^''^^e States of America, upon an equal footing with the other States, under the Constitution for the Provisional (jlovernnient of the same, upon the condition that the convention of said State soon to assemble shall adopt and ratif}"^ said Constitution for the 1^'ovisional Government of the Confederate States, and shall transmit to the President of the Confederato States, before the reassembling of Congress, through the Governor of said State, or some other proper organ, an authentic copy of the act or ordinance of said convention so adopting and i-atifying said Provisional Constitution; upon the receipt whereof the President, by proclamation, rros'ident'"^'^'°° -^ shall announce the fact; whereupon, and without any further proceeding on the part of Congress, the admission of said State into this Confederacy, under said Constitution for the Provisional Government, shall be con- sidered as complete, and the laws of this Confederacy shall thereby be PROVISIONAL CONGRESS. Sess. II. Cn. 26, 27, 28. 1861. IIO extended over said State as fully aud couipletcly as over the other States now composing the same. Approved May 17, 18G1. Chai*. XXVI. — An Act to admit the State »/ Tennessee into the Confederacy, on a Mav 1", 186'. certain condition. The State of Tennessee having adopted measures looking to an early Preamble. withdrawal from the United States, and to becoming, in the future, a member of tliis Confederacy, which measures ma}'^ not be consummated before the approaching recess of Congress : Therefore — lUie CoJir/rcHS of the Confederate States of Ameriea do cnocf., That Admission of the the State of Tennessee shall be admitted a member of the Confederate State ..f l\^nnee- States of America, upon 'an equal footing with the other States, u'l^cr ^^^jJ'^P"^^^''" *""*" the Constitution fcr the Provisional Government of the same : upon the condition that the said Constitution for the Provisional Cioverumciit of the Confederate States shall be adopted and ratified by the properly and legally constituted authorities of said State ; and the Governor of said state shall transmit to the President of the Confederate States, before the reassembling 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 receijit whereof, the President, by ]n-oclamation, shall announce the fact; whereupon, and ^'■."^''*™"''""^ ^y without any further proceeding on the part of Congress, the admission of said State of Tennessee into the Confederacy, under said Constitu- tion for the Provisional Government of the Confederate States, shall be considered as complete ; and the laws of this Confederacy shall ])e thereby extended over said State, as fully and completely as over the other States now composing the same. Ai'PROVED Mav 17, 18G1. CnAr. XXVII. — An Act to tsiahlish a mail, route from Vennillionvii'le, in the State of May 17, 1S61. Louisia-a, to Orange, in the State of Texas, and for other purposes. The Con/jress of the Confederate States of America do oiaei, 'J'hat Mail rouio cf- the following mail route be and the same is hereby established, to-wit : tablishe)e^^ q^jantity, form, dimensions, etc., of the necessary vehicles, arms, c ai.j.mj. pontons, tofols, implements, and other supplies for the service of said company as a body of sajipers and bom])ardicrs. jroniLly pay of Sec. 8. That the monthly pay of the captain of said compajiy shall officers and pri- bc One hundred and forty dollars j of each first lieutoaaut, 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 AriovraDcr^s totlic sccond class privates, thirteen dollars. And the said commissioned !h^> commissioned officers shall be entitled to the same allowances as all other commissioned officers and |. rage, officers of the army, and the same right to draw forage for horses as is Rations and ai- ficcorded to oflicers of like rank in the engineer corps; and the enlisted lov/^!-co3 for the men shall receive the same rations and allowances as arc granted to all euhiitd me-. other enlisted men in the army. Ax'PKOVED llav 17, ISGl. May 20, 1861. Cuap. XXIX. — An Act to authorize the exlenslon of the mail service of the Con/alcrate States in certain eases and upon certain conditions. Extension of 57,^ Con'jrcsr, of the Confederate States of Amrr'tca do enact, That tliu'sta.tcs'and ter- *''^^ Postmaster General be and he is hereby authorized, to extend the ri'.ories. Uiail service of the Confederate States over all such states and terri- tories as shall, })y their legislative or executive authority, request the same to be done, between this and the meeting of the next session of the Congress; and that this act take efiect and be in force from and after its passage. Appkoved May 20, 1801. J'l.iy 21, 1S61. Chap. XXX. — -lu Act l<> admit the Stale of Arkansas into the Confederacrj- Admissionof the The people of the State of Arkansas, in sovereign convention, having b ate of Arkans s. passed an ordinance dissolving their political connection with the United States, and another ordinance adopting and ratifying the Con- stitution for the Provisional Government of the Confederate States of America : Therefore — The Congress of the Covfederate States of America do enact, That the State of Arkansas be and is hereby admitted into this (Confederacy, upon an equal footirg with the other States, under the Constitution for the Provisional Government of the same. Appkoved May 20, 1861. PROVISIONAL CONGRESS. Sess. 11. Ch. 31,32, 33. 1861. 121 Chap. XXXI. — An Act amendatory of an act to provide for the organization of the navt/. May 20, 1861. The Conjrei^s of tU Confederate States of America do enact, That Corps of marines. from and after the passage of this act, the cor]:>s of marines shall consist of one colonel, one lieutenant colonel, one major, one quar- termaster A?ith the rank of major, one paymaster with the rank of major, one adjutant, with the rank of major, one sergeant major, one quar- termaster sergeant, ten captains, ten first lieutenants, twenty second lieutenants, forty sergeants, forty corporals, and eight hundred and forty privates, ten drummer.^, and ten fii'ers and two musicians. Sec. 2. The pay and emoluments of the officers and enlisted men shall PfJ an<^ cmolu- be the same as that of the officers and enlisted men of like grade in the"J,^^f' J^ e^nlis°?d infantry of the army, except that the paymaster and the adjutant shall men. receive the same pay as the quartermaster, and the adjutant shall be taken from the captains and subalterns of the corps, and separated from the line. The rations of enlisted marines shall be the rations allowed Rations of enlist- by law to seamen. All acts inconsistent with the provisions of this act ^"^ ^'^"°*'^- are hereby repealed. ArPKOVED May 20, 18G1. Chap. XXXII. — An Act to amend an art to provide /or the orr/rniizntion of the navi/, May 20, 1861. approved March sixteenth, cijhteen hundred and sixty one. '• The CongrcHfi of the Confederate States of America do enact, That Appointment of the President be and he is hereby authorized to nominate, and l)y officers of the navy and with the advice and consent of Congress to appoint, all officers'^ the U. • "^® -, . ,p . '^ '■ ., ' . same raiilc auu po- ol the navy 01 the united states, who have resigned or may here- sition in the navy after I'esign their commissions on account of the secession of any or all of the C. S. of the Confederate States, and ^vho may be fit for active service, to the Fame rank and position in the navy of the Confederate States which they held in that of the United States:/ Provided, hoiocvcr, That no offi- ProTlso. cer shall be so appointed who may at any time have committed any act of hostility against the Confederate States or any one thereof. Sec. 2. That the President be authorized to assign officers of the navy flA^^'^°(.°!f "'^ . "^ f to any duty connected with the defence of the country, and suitable to ^^ J^ty^ ' "' their rank, which he may deem proper. Sec. 3. That the President be authorized to appoint six assistant pay- Assistant pay- masters of the navy, each to receive a salary of one thousand dollars ^^ f *ti^ei°r salaries" when employed at sea, and seven hundred dollars when not thus em- 'paymasters to bo ployed; and all paymasters of the navy shall be taken from the grade of taken from tho assistant paymasters. grade of assistant i •' paymasters. Approved May 20, 18G1. Chap. XXXIII. — An Act to ettahlish a separate Port of Entry at Saline Pass, in the May 21, 1S61. County of Jefferson, in the State of Texas, and to 2^^ovidc for the ajtpointment of a Collector therein. The Congress of the Confederate States of America do enact, That Collection Dis- all that part of the collection district for the' District of Texas included trictof Sabine Pass in the cuunty of Jefferson in the State of Texas, embracing all the wa- g^f^^^ oV Texas ters, islands, bays, harbors, inlets, shores and rivers in the same, shall be Sabine Pass the a collection district, to be called the District of Sabine Pass, and Sabine pon of entry for Pass shall be the port of entry for said district. said district. Sec. 2. A collector for the said district of Sabine Pass shall be Appointment, of appointed by the President, with the advice and consent of Congress, collector for said 122 TROYISIONAL CONGRESS. Sess. II. Ch. 34. 1861. district. Where to who shall reside at.Sabinc Pass, ftud hold his office for the terms and the resids; term of of- j-jm^ prescribed b}' law for the like office iu other districts, and who shall ' " ^"^ y- -^Q entitled to a salary not exceeding seventeen hundred and fifty dollars Excess of fees per annum, including in that sum the fees allowed by law; and the over his salary to amount he shall Collect in any one year for fees, exceeding the said sum be paid into the ^,f> seventeen hundred and fifty dollars, shall be accounted for and paid asur^. .^^^ ^^^ treasury of the Confederate States of America. Lawscontraven- Sec. 3. That all laws and parts of laws now in force, contravening the in:; this act repeal- provisions of this act, be and the same are hereby repealed, and that this act take efiect from and after its passage. Approved May 21, 18(31. May 21 ISCl. Chap. XXXIV. — An Ait to put in operation the Government under tJie Permanent Con- . stitulion of the Confederate States of America. Eleciionofmem- The Congress of the Confederate States of America do enact, That of Kepresentiitivcs ^" election shall bc held in the several states of this Confederacy, on the in t>'e Congress of first Wednesday in November, eighteen hundred and sixty-one, for the C. <. under °^ ^'l"' "l'®'* , . , ,. ^f ,.•".,. • 1 J- 1 1 reffimcr.ts of infan- kinds lor the same, and transportation, including horses, wagons, liar- ^ ° jj^,| for quar- iiess, ambulances, and other necessary cxpenFcs, for the fiscal year ending termaster's sup - the eighteenth of February, one thousand eight hundred and sixty-two, pli^s, Ac. twenty-seven millions nine hundred and thirty-two thousand, four hundred and ninety-three dollars and twelve cents. Sf.C. 2. That there be appropriated for the pay, quartermaster's sup- por the pay, Ac., plies of all kinds, transportation and other necessary expenses for one of one rogiiucnt of regiment of legionary formation, composed of one company of artillery, legionary forma- four companies of caA'alry, and six companies of voltigeurs, five hundred and fifty thousand four hundred and eighty-five dollars. Sec. 3. That there be appropriated for the purchase of subsistence For the purchase stores aud commissary property for one hundred thousand troops, for the of subsistence fiscal year ending the ei-hteeuth of February, one thousand eight hun- '^"'^ commissary J ^ kd ~^ «//^ o property. dred and sixty-two, five millions four hundred and sixty-four thousand, two hundred and fifty-eight dollars and eighty cents. • Sec. 4. That there be appropriated for the ordnance service, for the p-or (he ordnance fiscal year ending the eighteenth of February, one thousand eight hun- service, preserva- dred and sixty-two — for the preservation of public buildings, quarters, ^°°°^l^"'''"'^^"^'^' barracks, etc., at the arsenals, armories, and depots; tor the repairs and n;,is, armories and preservation of ordnance stores; for the pay of clerks, draughtsmen, depots, and of ord- colorers, superintendents, overseers, etc. ; for the purchase of horses, naiico stores, ic. mules, forage, stationery, and contingencies of ordnance service; for the purchase of heavy ordnance and carriages, with shot and shell for the same; for si.xteen 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, carbines and pistols; for five thousand sets of cavalry equipments; for five thousand sets of cavalry accoutrements, for one hundred thousand sets infantry accoutre- ments, knapsacks, haversacks and canteens; for two and one-half mil- lion pounds powder; for materials for the same; for lead, copper, and materials for percussion 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 cap machine; for bullet machine; for repairs of buildings and machines at Harper's Ferry — four millions four hundred aud forty thousand dollars. 124 PROVISIONAL CONGRESS. Sess. II. Ch. 3G, 37. 1861. For medical and Sec. 5. That there be appropriated for medical and hospital supplic?, hospital supplies, f^j. jIj^j ygj^p ending eighteenth of February, one thousand eight hundred and sixty-two, the sum of three hundred and fifty thousand dollars. For tlie contin- Sec. 6. That there be appropriated for the contingent service of the gent service of the "\yar Department, for the year ending the eighteenth of February, one War Department. j|jq^j..^,^j eight hundred and sixty-two, the sum of three hundred thou- sand dollars. For contingent Sec. 7. That there be appropriated for contingent expenses of the expenses of the Ad- ^^Jjutant and Inspectors General's Department, including office furniture, tor'^Gencral's^De- stationery, printed blanks I'ur the use of the army, record books, postage, partuicnt. telegraphic despatches, etc., for the year ending the eighteenth Febru- ary, one thousand eight hundred and sixty-two, the sum of eight thou- sand dollars. For the pay of Sf,c. 8. That there be appropriated for the pay of surgeons, assistant surgeons, assistant g^irgg^Qg^ ^^^,^1 chaplains, for the year ending the eighteenth day of Feb- S!'"'^°^'"^''^"^'^'^^'T' o"e thousand eight hundred and 'sixty-two, the sum of three hundred and twenty-nine thousand nine hundred and one dollars. Approved May 21, 1861. May 21, ISCl. Cu\P. XXXVT. — An Act to amend an act rdalirc to tclcfjrapJn'c lives of iJie Coti/cd- — erute titatcs, approved May, one thousand eitjht hundred and sixty-one. Compensation to The Confiress of the Confederate States of America do enact., That agentsof telegraph the sixth section of the "act relative to telegraph-lines of the Con- compjime? charged fejgi.ytc States," be and the same is hereby so amended as to authorize by the rrcsulent , ,« . , . , ,, , ,. •' ^ i i j with special du- the President to allow such compensation as may be reasonable and ties. proper, 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 important duties, where such agents are deemed trustworthy and acceptable both to him and the companies concerned. Approved Mav 21, 1861. May 21 1861. Chap. XXXVII. — An Act mal-ing appropriat'ons for the Lcr/islative and Executive ej;>cn.ies of (jovernment for the year ending eighteenth of Februari/, eighteen hunj^d and sixty-two. Appropriations ^''"^ Congress of 'he Confederate States of America do enact, That for the year ending the following sums be and the same are hereby appropriated, out of any February 18, IS 02. money in the treasury not otherwise appro])riated, for the objects here- after expressed, for the year ending the eighteenth of February, eighteen hundred and sixty-two : Legislative. Lejjldatlve — For compensation and mileage of members of Congress, twenty-five thousand dollars. For compensation of officers of Congress, six thousand dollars. For contingent expenses of Congress, including printing, five thousand dollars. Department of 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 pa.ssed, or from causes which now exist or may hereafter arise, and un- foreseen emergencies, forty thousand dollars — to replace same amount in State Department. Treasury Do- ' Treasur if Department — For this amount to pay interest on loan of partment. February twenty-eight, eighteen hundred and sixty-one, five hundred PROVISIONAL CONGRESS. Sess. II. Cii. 38. 1861. 125 thousand dollars. For additional expenses under the act ''to raise money for the support of the government, and to provide for the defence of the Confederate States of America," approved February twenty-eight, eighteen hundred and sixty-one, thirty thousand dollars. For inciden- tal and contingent expenses of the Treasury Department, twenty thou- sand dollars. Miscellaneous — For compensation of two watchmen to guard the cxc- Miscellaneous, cutive buildings, at four hundred dollars each, and for lighting the same, •sixteen hundred dollars. For rent of executive building corner of Bibb and Commerce street, three thousand dollars. For rent of executive liuilding on Bibb street, between Coosa and Commerce street, two thousand dollars. For rent of building of Noble & Brother and others, three thousand dollars. For furniture for executive mansion, nine hun- dred and eighty-seven dollars and fifty-eight cents. For furniture of executive offices and halls, six hundred and twenty-seven dollars and twentj'-one cents. For work done on executive buildings by order of committee of Congrcs?, six hundred and thirty-five dollars and fifty-two cents. Approved M:iy 21, ISGl. CnAP, XXXVIII. — An Act to provide /or certidn deficlcnc'n'n in (he ajtpropriatioM for the Mav 21, ISCl. I'i)H(-ni}ice Department for ike year eiidiiKj Fcbrnarij eighteenth, eighteen hundred and '■ . sixitf-vni: The Co))(yress of the Confederate States of America do enaet, That the Appropriaions foUowins: sums shall be and arc hereby appropriated, out of any money '^P'" '"*^ service of ,, / i i.u • • i. 1 /• i.1 • r i.1 A tl^o post-office de- in the treasury not otherwise appropriated, lor the service oi the post- pjjrt,„cnt for the office department, for the year ending February eighteenth, eighteen yciir ending: Ftb- hundred aud sixty-two : For increased compensation of the chiefs of ''"'^'T 18, 1861. the contract, appointment and finance bureaus, one thousand one hun- Chiefs of Bureau, dred and six dollars and one cent. For compensation of disbursing Disbursing clerk, clerk, one hundred and forty-seven dollars and forty-seven cents. For compensation of watchmen, thi-ee hundred and sixty-eight dollars and "Watchmen. .<;ixly-scven cents. For compensation of four principal clerks, at four- Principal clerks, tccu hundred dollars each, four thousand and thirty-six dollars and eigli^ cents. For compensation of ten clerks, at twelve ihundrcd dollars Other clerks, each, eight thousand seven hundred and forty-nine dollars and tAventy cents. For compensation of four clerks at one thousand dollars, two thousand nine hundred and sixteen dollars and forty cents. To supply To supply defi - deficiency in the appropriation for the compensation of the postmaster cicneies. general, clerks and messengers in his ofiice, made by the act approved ninth day of March, eighteen hundred and sixty-one, and entitled " an act fai'ther to provide for the organization of the Post-office Depart- ment," ten thousand dollars. For the compensation of agents, and for Telegraph lino« cost of materials, and constructing, repairing, and operating telegraph ^^^ agents, lines, and for other expenses which may be incurred under said act, tliirty thousand dollars: Provided, That the Postmaster General is rroviso. hereby authorized, with the approval of the President, to employ officers of the telegraph companies a.s agents to perform the services specified in the act entitled "an act relative to telegraph lines of the Confederate States," approved eleventh day of May, eighteen hundred and sixty- one. But the compensation allowed 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. Approved May 21, 18G1. 126 PROVISIONAL CONGRESS. Sess. II. Cii. 39, 40. 1861. May 21 ISOl. Chap. XXXIX. — An Actconcerningthc tran^jjoi-tatinno/auldicra, and allotcnncc/or doth- , 1 infj of volunteers, and amendatory of the act for the cstablixhmcnt and ortjaitizittton of the army of the Confederate Utatcn. When discbarjred ^^^ Conqrcss of the Confederate States of America do enact, AVhcn soldiers entitle 1 to trausportation cauiiot be furnished iu kind, the discharged soldier shall mileage. be entitled to receive ten cents per mile in lieu of all traveliuij pay, subsistence, forage, and undrawn clothing, from the place of discharge to the place of his enlistment or enrollment, estimating the distance by the shortest mail route, and if there is no mail route, by the shortest practicable route. The foregoing to apply to all officers, non-commis- gioned officers, musicians, artificers, farriers, blacksmiths and privates of volunteers, when disbanded, discharged, or miistered out of service of the Confederate States ; and it shall also apjily to all volunteer troops, as above designated, when travelling from tiie place of eurollment to the place of general rendezvous or point where mustered into service : Proviso. J^roihhd, That nothing herein contained shall be so construed as to deprive the mounted volunteers of the allowance of forty cents a day for the use and risk of his horse, which allowance is made from the date of his enrollment to the date of his discharge, and also for every twenty miles travel from the place of his discharge to the place of his enrollment. iQM*'' "i ^^9^"^ *'■' Skc;- 2. That the fourth section of the act of March sixth, eiu-htccn 18G1, en. 2b, sec. . • i « i ' i i- i .• i> i i i 4, amended. hundred and sixty-one. '' to provide tor the public derence, be amenUed Allowance of as follows, viz.: there shall be allowed to each volunteer, to be paid to money *» ■^'oiun- j^jj^ ^^^ ^^^^ g^.^,^ muster and pay rolls after being received and mustered clothin," for si.\ into the service of the Confederate States, the sum of twenty-one dol- moaths. ' lars, in lieu of clothing for six months ; and thereafter the same allow- ance in money at every subsequent period of service for six months in Proviso. }jg^ qJ" (.lothing : Provided, That the price of all clothing in kind received by said volunteers from the Coniederate States government shall be deducted first from the money thus allowed ; and if that sum be not sufficient, the balance shall be charged for stoppage on the muster and pay rolls; and that all accounts arising from contracts, agreements, or arrangements for furnishing clothing to volunteers, to be duly certilied by the company commander, shall be paid out of the said semi-annual allowance of money. Act of March 6, gac. 3. That the twenty-first section of the act for the organizatiiM of 1801 eh 29, §^21, ^^^ army of the Confederate States be so amended as to allow to aids-dc- allow to ai'ls-dc camp and to adjutants, forage for the same number of horses as allowed camp and adju-to officers of the same grade in the mounted service. tan 18 forage for horses. AlTROVED May 21, 18G1. M"V 21 18G1. Chap. XL. — An Act to he mtilhd an aet to amend "An net ta raise an additional mili- ! , i'^ry force to serve durin'j the icar." Act of May 8, The Congress of the Confederate. States of America do enact, That 1801, ch. 5, § 2, g(5 j^-^gjj f^f ti^g second section of the act entitled an act to raise an "'^"'^ ■ additional military force to serve during the war, passed Mny eighth, When subaltern eighteen hundred and sixty-one, be so amended as to authorize the »L-!!?^2i"l!>??o^,i''^l*»"eyident, on the application of any commanding officer of a regiment assigncu to the da- ' i ■ i i ■ ^ • i i »• i i- j? ties'of afljiitant. or battalion authorized by said act, to assign a subaltern oi tlie line oi the army to the duties of adjutant of said regiment or battalion. Approved May 21, 1861. PROVISIONAL CONGRESS. Sess. II. Cn. 41, 42, 43, 44. 1861. 127 Chap. XLI. — An Act to authorize the Preiident to confer temporary rank and command, May 21. 1S61. fur service with volunteer troops, on officers of the Cimfcdcrate army. ■ . The Congresa of tlic Covfcdcrate States of Ameriva do enact, That Conferring of the President shall be authorized to confer temporary rank and command, temporary rank for service with volunteers troops, on officers of the Confederate army: ^"'^ cinmand tn , iiii-i -T ,1- •• • -1 oincers ol the Con- the same to be held without prejudice to their positions in said army, fcdciate army, for and to have effect only to the extent and according to the assignment service with volun- made in general order. ^'^'^'^ *'^""P^- Approved 3Iay 21, 18G1. Chap. XLII. — An Act to provide for the incidental cxpetisen of thc'pubUc service within May 21, 1861. the Indian Trihcx. The Congress of the Confederate States of America dx) enact, That Aj.proiri»tion to the sum of one huudred thousand dollars be and the same is hereby 'necr the incidental appropriated, out of any money in the treasury not otherwise appi"^- j,^,l,^i"*'^*se*^y^ jco priated, to meet the incidental expenses of the public service within the wi,hin the Indian Indian tribes, for the year ending February the eighteenth, eighteen tribes for the year hundred and sixty-two. IJut a particular and specific account of the "g^^!|"|^ *''^''"**"y expenditures under this act shall be made and reported to Congress at its next session after the expiration of the period herein named. Approved May 21, 18G1. Chap. XLIII. — An Act to divide the State of Texas into two Judicial District^ and MayTll, 1861. jtrovidc for the ajipointment of judges and officers in the same. \ The Congress of the Confederate States of America do enact, That Tho Siato of the State of Texas be and the same is hereby divided into two judicial Texas divided into districts, in the following manner, to-wit : all the territory of the State tJ';|.\g''" '^'"^ "^' of Texas within and west of the following named counties shall compose one district, to be called the Western District, to-wit: Matagorda, Wharton, Colorado, Fayette, Washington, Burleson, Milan, Falls, Mc- Lellan, Hill, Johnson, Tarrant, Wise, Montague; and all the territory easfc of said counties shall constitute the Eastern District of Texas. Sec. 2. There shall be appointed a judge and marshal for said Wes- Judcrc and mar- tern District. The said iuds-e shall hold two terms each year of said s'lal for western court, at the city of Austin, and at Brownsville, in the county of Came- jp^ms of court, ron, at the times prescribed by the laws of the United States for the holding of the district courts of the linited States, at said places. Sec. 3. All the laws of the United States relative to the district Lnws of tho U. courts of Texas, and the powers and jurisdiction of the same, so far as ^^ ''cla'i^c to dis- they are consistent with the constitution and the laws of the Confedc- j^g continued in rate States, are hereby re-enacted and continued in full force. force. Approved May 21, 1861. Chap. XLIV. — An Act to proridc rcvimir from commodifirs iv.pnrtid from from foreign Maj' 21, 1861. countries. The Congress of the Cmif derate States of America do enact, That Duties imposed from and after the thirty-first day of August next, a duty shall bd im- on g ods, Ac, from posed on all goods, products, wares and merchandize imported from abroad ^"^^ "f'^'i" ^^" '^'st into the Confederate States of America, as follows : °^ ^"S"'^' ^^"- 128 PROVISIONAL CONGRESS. Sess. II. Cii. 44. ISGI. Clasjificatian, On all articles enumerated in Schedule A, an ad valorem duty of twenty-five per centum. On all articles enumerated in schedule IJ, an ad vakircm duty of twenty per centum. On all articles enumerated in .schedule C, an ad valorem duty of fifteen per centum. On all articles enumerated in schedule D, an ad valorem duty of ten per centum. On all articles enumerated in .schedule K, an ad valorem duty of five per centum. And that all articles enumerated in schedule ¥, a specific duty as therein named. And that all articles enumerated in schedule Gr, shall be exempt from duty, to-wit: FAhcJa'c A, 25 ScuEDULE A, (twcnly-five per centum ad valorem.) per cent. ' \ J I J Alahaster and spar ornaments ; anchovies, .sardines and all other fish preserved in oil. Brandy and other spirits distilled from jrrain or other materials, not otherwise provided for; billiard and bapjatclle tables, and all other tables or boards on which games are played. Composition tops for tables, or other articles of furniture ; confec- tionary, comfits, sweetmeats, or fruits preserved- in sugar, molasses, brandy or other liquons; cordials, absynthe, arrack, curacoa, kirschen- wesser, liquers, maraschino, ratafia, and other spirituous beverages of a similar character. Glass, cut. Manufacturers of cedar-wood, grauadilla, ebony, mahogany, rosewood and satin-wood. Scagliola tops, for tables or other articles of furniture; segars, snufi", paper segars, and all other manufactures of tobacco.. Wines — Burgundy, champagne, clarets, madeira, port, sherry, and all other wines or imitations of wines. Schcdulo B, 20 Schedule B, (twenty per centum ad valorem.) per ce.:t. 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 rum, beads of amber, composition or wax, and all other beads; bcnzoates ; bracelets, braids, chains, curls or ringlets composed of hair, or of which hair is a compo- nent part, not otherwise provided for; brooms and brushes of all kinds. ^ Camphor, refined; canes and sticks, ftn* walking, finished or unfin- ished ; capers, pickles, and sauces of all kinds, not otherwises provided for; card cases, pocket-books, shell boxes, souvenirs, and all similar arti- cles, of whatever material composed, not otborwise provided for; com- positions of glass, set or un.set; coral, cut or manufactured. Feathers and flowers, artificial or ornamental, and parts thereof, of whatever material composed; fans and fire screens of every description, of whatever material composed. Grapes, plums, and prunes, and other snch fruit, when put up in bot- tles, cases, or cans, not otherwise provided for. Hair, human, cleansed or prepared for use. Manufactures of gold, platina or silver, not otherwise provided for; manufactures of papier mache ; molasses. l*aintings on glass; pepper, pimento, cloves, nutmegs, cinnamon, and all other spices; perfumes ard perfumery, of all sorts, not otherwise pro- vided for; plated and gilt ware of all kinds, not otherwise provided for; PROVISIONAL CONGRESS. Sess. II. Ch. 44. 1861. 129 playing cards; prepared vegetables, fruits, meats!, poultry aud game, sealed or enclosed in cans or otherwise. Silver plated metals, in sheets or other form ; soap, castile, perfumed, Windsor, and other toilet soaps; sugar of all kinds; sjTup of sugar. Epaulettes, galloons, laces, knots, stars, tassels, tresses, and wings of gold or silver, or imitations thereof. Schedule C, Cfiftcen per centum ad valorem.) Sciicdule C, 20 ^ *■ -' per (jciit. Alum; arrow-root; articles of clothing or apnarel, including hats, caps, gloves, shoes and boots of all kinds, worn l.y men, women or chil- dren, of whatever material composed, not otherwise provided for. Baizes, blankets, bockings, flannels and floor-cloths, of whatever ma- terial composed, not othervrise provided for; baskets, and all other arti- cles composed of grass, osier, palm-loaf, straw, whalebone or willow, not otherwise provided for; beer, ale and porter, in casks or -bottles; bees- wax; 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 provided for; breccia; bur- gundy pitch ; buttons and button moulds of all kinds. Cables and cordage, of Vr'hatever material made ; cadmium ; calamine ; calomel and all other mei'curial preparations; carbonate of soda; castor beans; castor oil; candles and tapers of spermaceti, stearinc, parafinc, tallow or wax, and all other candles ; cops, hats, mufls and tippets, and all other manufactures of fur, or of which fur shall be a component part; caps, gloves, leggins, raits, socks, stockings, vrove shirts aud draw- ers, and all similar articles worn by men, women and children; and not otherwise provided for; carpets, carpeting, hearth-rugs, bed-sides, aud other portions of carpeting, being either Aubusson, Brussels, ingrain. Saxony, Turkey, Venetian, Wilton, or any other similar fabric, not otherwise provided for; carriages and parts of carriage?; castorum ; chains, of all sorts ; cider and other beverages not containing alcohol, and not otherwise provided for; chocolate; chromate of lead ; chromate, bi-chromate, hydriodate, and prussiatc of potash ; clocks and parts of clocks; coach and harness furniture of all kinds; cobalt; combs of all kinds; copper bottoms; copper rods, bolts, nails and spikes; copper in sheets or plates, called brazier's copper, and other sheets of copper, not otherwise provided for; copperas, or green vitriol, or sulphate of iron; corks ; cotton cords, gimps, and gallons ; cotton laces, cotton insertings, cotton trimming, laces, cotton laces and braids; court plaster; coral, unmanufjictured ; crayons of all kinds; eubcbs; 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. Felspar; fig-blue; fire-crackers, sky-rockets, Roman caiulles, and all similar articles used in pyrotechnics ; iish, 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; fla(s, braids, plaits, spartcrre and willow srjuares, 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 unfinished ; 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 jncklcd ; glass, colored, stained or painted ; glass, window ; glass crystals for watch.cs ; ISO PROVISIONAL CONGRESS. Sess. 11. Ch. 44. 1861. glasses or jiebblos for spectacles; glass tumblers, plain, moulded and pressed, bottles, flasks, and all other vessels of glass not cut, and all glass hot otherwise provided for; glue; grass cloth ; green turtle ; gum ben- zoin or benjamin ; guns, except muskets and rifles, fire-arms, and all parts thereof not intended for military purposes; gunny cloth and India baggings, 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 pencils; hat bodies of cotton or wool; hats and bonnets, for mep, women and children, composed of straw, satin- straw, chip, grass, paU i-leaf, willow, or any other vegetable substance, or of hair, whalebone, or other materials, not otherwise provided for ; hat- ter's plush, of whatever 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 iu constructing railroads; ivory black. Jalap; japanned ware of all kinds not otherwise provided for; jet., and manufactures of jet, or 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 patterns of the size or shape for shoes, boots, bootees, slippers, gaiters or buttons, of whatever mateiial composed; lead pencils; leaden pipes; leather, japanned ; leeches; linens of all kines; liquorice, paste, juice or root; lithai'ge. Maccaroni, vermicelli, gelatine, jellies -and all other similar preparations not otherwise provided for ; machinery of every description not otherwise ])rovided for; malt; magnesia; manganese; 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 ; manuflictures of hemp of all kinds not otherwise provided for; manufactures of bone, shell, lioin, pearl, ivorj-, or vegetable ivory, not otherwise provided for; manufLictures, articles, vessels and wares not otherwise 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 provided for; manutixctures 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 tho rough not otherwise provided for ; manufactures of papei', or of which paper is a component material, not otherwise provided for ; manufactures .of wood, or of which wood is a comjionent part, not otherwise provided for; matting, china or other floor matting, and mats made of flags, jute, or grass; medicinal prqjarations, drugs, loots and leaves in a crude state, not otherwise provided for; mor])hine; metallic pens; mineral waters ; musical instruments of .all kinds, and strings for musical instruments, of whip-gut, cat-gut, and all other strings of the same material ; mustard in bulk or in bott.les; mustard seed. Needles of all kinds, for sewing, darning and knitting ; nitrate of lead. Ochres and ochi'ey eai'ths ; oil cloths of every decription, of whatever material composed; oils of every description, animal, vegetable and mine- ral, not otherwise provided for ; olives, opium ; orange and lemon peel; osier or willow, prejjared for basket makers' use. Paints, dry or ground in oil, not otherwise provided for; paper, anti- quarian, den)y. drawing, elephant, foolscap, imperial, letter, and for print- PROVISIONAL CONGRESS. Sess. II. Ch. 44. 1861. 131 ins: 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 pa]«?r for screens or firo- boards ; parchment; parasols and sun shades, and umbrellas; patent mor- dant; paving and roofing tiles, and bricks, and roofing siiites, and fire briclvs ; periodicals and other works, in course of piinting and republica- , tion in the Confederate States ; pitch ; plaster of paris, calcined ; plum- bago ; potassium ; putty. Quicksilver; (juills; quasia, manufactured or unmaniifiictured. Ked chalk pencils ; rhubarb; roman cement. Saddlery of all kinds, not otherwise provided for ; saffron and safiVon cake; sago; salts, epsom, glauber, and rochelle, and all olher salts and preparations of salts not otherwise provided for; sarsa))arilla ; screws of all kinds ; sealing wax ; seines; seppia ; sewing silk, in the gum and puri- rified ; shaddocks ; skins of all kinds, tanned, dressed or japanned ; slate ( pencils; smaltz ; soap of every deseiiption not otlierwisc provided for; spirits of turpentine ; spunk; squills; starch ; stereotype j^lates; still bot- toms ; sulphate of barytes, crude or refined; sulphate of quinine, and quinine in all its various preparations. Tapioca; tar; textile fabrics of every description, not otherwise pro- vided for ; twine and pack thread, of whatever material composed ; thread lacings and insertings; types, old or new, ancf type metnls. Umbrellas; vandyke brown; vanilja beans ; varnish of all kinds ; vol- hnn ; Venetian red ; velvet in the piece, composed wholly of cotton, or of cotton and silk, but of which cotton is the coniiionent 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, crov,-n or cylinder ; woolen and worsted yarns, and woolen listings; shot of lead, not otherwise provided for ; wheelbarrows and handbarrows; wagons and vehicles of every description. Schedule D, (ten per centum ad valorem.) Schodu.'o t>, tea per cent. Acids of every description not otherwise provided for; alcornoqnc ; aloes; ambergris; amber; ammonia and sal ammonia; anatto, roucon or Orleans; angora Thibet, and other goats' hair, or mohair, unmanufac- tured, not othei'wise provided for ; annis seed ; antimonv, crude or regnlus of; argol, or crude tartar ; arsenic; ashes, pot, pearl i.nd soda; asphal- tuin ; assafoetida. Bananas, cocoa nuts, pine apples, plantai.'^s, oranges, and all other West India fruits in their natural state; barilla; bai'k of all kinds, not other- wise provided for; bark, Peruvian ; bark, guilla ; bismouth ; bitter ap})les; bleaching powder of chloride of lime ; bones, burnt ; boards, planks, staves, shingles, laths, scantling, and all other sawed lumber; also spars and hewn timber 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; buchu leaves; boxwood, unmanufactured ; Brazil paste ; Brazil wood, braziletto, and all dye-woods in sticks; bristles; bronze and Dutcli metal in leaf, bronze liquor and bronze powder; building stones; butter; burr stones, wrought or un- '^ wrought. Cabinets of coins, medals, gems, and all collections of antiqnifies; cam^ phor, crude; cantharides ; cassia and cassia buds; chalk; clieeso ; cliickory root ; chronometers, box or sliip, and parts thereof; clay, burnt 132 PROVISIONAL CONGRESS. Sess. II. Cii. 44. 1861. or unlmrnt brickf^, paviiic^ and roofiiii^ tiles, gas retorts, and roofinij slates ; coal, coke, and cidm of coal ; cochineal ; cocoa nuts, cocoa and cocoa shells ; coculus indicus ; coir yarn ; codilla, or tow of hemp or flax ; cow- liao-e down ; cream of tartar ; cudbear. Diamonds, cameos, mosaics, gems, pearls, rubies, and other precious • stones, and imitations thereof, Avlien set in gold or silver, or other metal ; diamond glaziers, set or not set ; dragon's blood. Engravings, bound or unbound ; extract of indigo ; extracts and decoc- tions of log-wood and other dye-wood, not otherwise provided for; extract of madder; ergot. P'lax, unmanufactured ; flaxseed and linseed ; flints and flint ground ; flocks, waste or shoddy ; French chalk ; furs, hatters', dressed or un- dressed, not on the skin ; furs, undressed, wlien on the skin. Glass, when old and fit only to be re-manufactured ; gainboge ; gold and silver leaf ; gold-beaters' skin ; grindstones; gum — Arabic, 15arbary, co])al. East Indies, Senegal, substitute, tragacanth, and all other gums and rosins, in a crude state, not otherwise provided for. ITair, of all kinds, uncleansed and unmanufactured; hemp, unmanu- factured ; hemp seed and rape seed ; hops, horns, horn-tips, bone, bone- tips, and teeth, unmanufactured. Ivory, unmanufactured, ivoiy nuts, or vegetable ivory. Jute, sisal grass, coir, and other vegetable substances, unmanufactured, not otherwise provided for. Kelp ; kermes, Lac spirits, lac sulphur, and lac dye ; leather, tanned, band, sole, and upper of all kinds not otherwise provided for; lemons and limes, and lemon and lime juice, and juices of all other fruits without sugar; lime. Madder, ground or prepared ; madder root ; marble in the rough slab or block, unmanufactured ; metals, unmanufactured, not otherwise pro- vided for ; mineral kermes ; mineral and bituminous substances, in a crude state, not otherwise ])rovided for ; moss, iceland ; music, printed Avith lines, bound or unbound. Natron ; nickel ; nuts, not otherwise provided for : nut galls ; nux vomica. Oakum ; oranges, lemons, and limes, orpiment. Palm leaf, unmanufactured ; pearl, mother of ; pine apples; plantains; platina, unmanufactured ; polishing stones ; potatoes; prussiau blue; pu- mice and pumice stone. Kattans and reeds, unmanufactured ; red chalk ; rotten stone. Safflower ; sal soda, and all cai'bonates and sulphates .of soda, by what- ever names designated, not otherwise provided for; seedlac ; shellac; silk, raw, not more advanced in maimfacture than singles, tram and thrown, or organzine ; sponges ; steel, in bars, slieets and plates, not fur- ther advanced in jnanutacture than by rolling; and cast steel in bars; sumac ; sulphur, flour of. Tallow, marrow, and all other grease or soap stock and soap stufis, not otherwise provided for. Tea; leine tin, in ])lntes or sheets ; teazle, terra japonica, catechu ; tin, in plates or sheets, and tin foil ; tortoise, and other shells, unmanufactured ; trees, shi'ubs, bulbs, plants anil roots, not otherwise provided for ; turmeric. Watches and parts of watches; woad or pastel 1 ; woods, viz. : cedar, box, ebony, lignum vita;, granadilla, mahogany, rose-wood, satin-wood, and all other woods, unmanufactured. Ii'on oie, and iron in bloom, loops and pigs. Maps and charts. Paintings and statuary not otherwise provided for. PROVISIONAL CONGRESS. Sess. II. Cii. 44. 1861. 13S Wool, unmanufactured, of every description, and hair of the Alpaca goat and otlier like animals. Specimens of natural history, mineralogy, or botany, not othcr\yise pro- vided for. Yams. Leaf and unmanufactured tobacco. Schedule E, (five per centum ad valorem.) Schednle E, 5 ^ ^ psroen!. Articles used in dyeing and tanning, not otherwise provided for. Brass, in bars or "pigs, old and fit only to be re-manufactured; 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 otlier precious stones, and imitations thereof, when not set. Emerj^jji lump or pulverized. Felt, adhesive, for sheathing vessels ; Fuller's earth. Gums of all sorts, not otherwise provided for ; gutta percha, unmanu- factured. Indigo ; India rubber, in bottle, slabs, or sheets, unmanufactured; India rubber, milk of. Junk, old. Plaster of Paris, or sulphate of lime, ground or unground ; raw hides and skins of all kind undressed. Sheathing copper — but no copper to be considered as such, except in sheets forty-eight inches long and fourteen inches wide, and weighing from eleven to thirty-four ounces; sheathing 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 be re manu- foctured. Wold. Zkic, spelter, or tentenegue, unmanufiictured. Schedule F. (Specific Duties.) Schedule F, spe- cific duties. Ice — one dollar and fifty cents per ton. Salt — ground, blown or rock — two cents per bushel, of fifly-six pounds per bushel. Schedule G. (Exempt from Duty.) Schedule G, ex- empt from duty. Books, maps, charts, mathematical and nautical instruments, philosophi- cal apparatus, and all other articles whatever, imported for the use of the Confederate States ; books, pamphlets, periodicals and tracts, published by religious associations. All philosophical 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 : Pro- vided^ The same be specially imported in good faith for the u.sc 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 tho Confederate States. Bullion, gold and silver. 134 PROVISIONAL CONGRESS. Sess. II. Ch. 44. 1861. Coins, gold, silver and copper ; coflFee ; cotton ; copper, when imported for the mint of the Confederate States. Garden seeds, and all other seeds for agricultural and horticultural pur- poses; goods, wares, and merchandize, the growth, produce or manufac- ture of the Confederate States, exported to a foreign country and brought back to the Confederate States in the same condition as when exj)orted, upon which no drawbacdc has been allowed: Provided, That all regula- tions to ascertain the identity thereof, prescribed by existing laws, or which may be prescribed by the Secrelary of the Treasury, shall be com- plied with. (iruano, manures, and fertilizers of all sorts. Household eftects, old and in use, of persons or families from foreign countries, if used abroad by them, and not intended for any other [)urpose or purposes, or for sale. Models or inventions or other improvements in the arts : Provided, That no article or articles shall be deemed a model which can be fitted for use. Paving stones; personal and household effects, not merckandise, 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 Confederate States. Wearing apparel, and other personal effects not merchandise ; profes- sional books, implements, instruments, and tools of trades, occupation or employment, of persons arriving in the Confederate Slates: Provided, That this exemption shall not be construed to include machinery, or other articles imported for use in any manufocturing establishment, or for sale. T3acon, pork, hams, lard, beef, wheat, 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 otherwise provided for; also all agricultural productions, including those of the orchard and gafrden, in their natural state, not otherwise provided for. Gunpowder, and all the materials of which it is made. Lead, in pigs or bars, in shot or balls, for cannon, muskets, rifles or pistols. liags, of whatever material composed. Arms of every description, for military purposes, and parts thereof, munitions of war, military accoutrements, and percussion caps. Ships, steamers, barges, dredging vessels, machinery, screw yflle jetties, and articles to be used in the construction of harbors, and for dredging and impioving the same. Non-ori'iiinerated Sec 2. And he it further enacted. That there shall be levied, collected artielcs bearing a and paid on each and every non-enumerated article which bears a simili- i'L'^.'o' ^Hv^t^f*^"!' tude, cither in material, quality, texture, or the "uses to which it mav be Licito enumerated, t ^ ^ i • i i i i • i i i * ^ i-hart.'eablo wi th Jipi'licd, TO any enumerated article cliargeabie with duty, the same rate of the duties on the duty which is levied and charged on the enumerated article by the fore- "^ ^' ^'^'^^l^ schedules, which it most resend>les in any of the particulars before When the rescm- "^^ntioned ; and if any non-enumerated article equally resembles two or bianco is to two or more enumerated articles on wliich different rates of duty are chargeable, more articles. there shall be levied, collected and paid on such non-enumerated article the same rate of duty as is chargeable on the article M'liich it resembles. Proviso. paying the highest duty : Provided, That on all articles manufactured from two or more materials, the duty shall be assessed at the hrghest rates at which any of its component parts may be chargeable : Provided further, Duty of ten por 'phat ou all articles which are not emmieratcd in the foregoing schedules Ucles^noteuumcra-''"'^^ cannot be classified under this section, a duty of ten per cent, ad ted and classifiod. valorem shall be charfrcd. PROVISIONAL CONGRESS. Sess. II. Ch. 45. 1861. 136 Sec. 3. And be it further enacted, That all goods, Avarcs and niercban- Goods in pnb'ic dize wliich may be in the pub!i<'. stores as unclaimed, or in warehouse ^^°'"<=^.«^^ ^^o"'*'"^- under warehousing bonds, on the thirty-first day of August next, shall be under '°b^ndt*'"on subject, on entry thereof for consumption, to such duty as if the same had the 31st of August, been imported, respectively after that day. ISOI. Sec. 4. And be it further enacted, That on the entry of any goods. Decision of col- wares or merchandise, imported on or after the thirty-first day of August ^'^'^'"'■*^**;'''^^^l''y aforesaid, the decision of the collector of customs at the port of i»> fVomdiily^'ofKo'ds portation and entry, as to their liability to duty or exemption therefrom, imported on or shall be final and conclusive against the owner, importer, consignee or <'^^'<^'" the 31st At- agent of any such goods, wares and merchandise, unless the owner, im- ^^'I'j'^i^jj^jIjj.'-^^ °^_ porter, consignee or agent shall, within ten days after such entry, give less, A . notice to the collector, in writing, of his dissatisfaction with such decision, setting forth therein distinctly and specifically his ground of objection thereto, and shall, within thirty days after the date of such decision, appeal Appeal allowed therefrom to the Secretary of the Treasury, whose- decision on such appeal J*^ f^e-rotHry of ibe .shall be final and conclusive; and the said goods, wares and merchandise ^'■^'»s"'">'- 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. Skc. 5. And be it further enacted, That it shall be lawful tor the owner. Invoice ralue of consignee, or agent of imports which have been actually purchased or i'"Po«''s may bo procured otherwise than by i^urchase, on entry of the same, to make such '■"'^"■''^ *<' ^^^ ^^^^ ' , ,. . . , ,•' i ' , .•' . , . ' , . 1 . uiurkct value, addition in the entry to the cost or value given in the invoice as, in his opinion, may raise tlie same to the true market value of such imports in the principal markets of the country whence the importations shall have been made, and to add thereto all costs and charges which, under existing AdJitton of cosis laws, would form part of the true value at the port where the same may *°*^ charges. be entered, upon which the duty should be assessed, And it shall bo the duty of the collector within whose district the same may be im]-)orted or entered, to cause the dutiable value of such imports to be appraised, esti- r>utiablo_ valno mated and ascertained, in accordance with the provisions of existing laws; ^° ^^ appraised. and if the appraised value thereof shall exceed by ten per ces^'tum, or more, the value so declared on entry, then in addition to the duties ini- Kxtra duty to bo posed by law on the same, there shall be levieon an amount less than the invoice or entered value, any law of Con- '^o'^lared on eutry. grcss to the contrary notwithstanding. Sec. C. And be it further enacted. That so much of all acts or parts c\i nepoalinjclaueo. acts as may be inconsistent with the provisions of this act, shall be and the same are hereby repealed. Approved May 21, 18G1. CnAP. XLV. — -In Act to define with morn certainti/ the meaninrj of an net mtithd j\fay 21, ISGl. ''An Act to fir the duties on articles theccin named," approved March the fifteenth, citjhtecn hundred and aijcty-one. The Congress of the Confederate States of America do enact. That .Act of March the above recited act shall be so coustrued as to embrace all railroad rails, l'^, ISCI. ch. 64, spikes, fishing ]>lates and chairs, uscrl in the construction of railroads, '^^'°". f''° <*«t»ps 1 • 1 •'ill • I 1 I ,1 1 , /• •, ou articles thorem winch were imported and were in bond at the date of its jiassagc. named, construed. Sec. 2. Be it further enacted. That the Secretary of the Treasury is -wi , . hereby directed to refund to such railroad companies as have, since the rate of duty Uus 136 PROVISIONAL CONGRESS. Sess. I. Cii. 45. 1861. been paid than is pa.ssage of said act, paid on any of the above enumerated arti<;les imported prcsoribcJ by said as aforesaid, a rjreater rate of duty than is prescribed by said act, the bf refua j!d "^ '''amount over and above said rale. Appkoved Mav 21, 1801. May ''1 ISCy. Ciiap. XLVT. — .'In Art to mtahliiih a Patent Office, and to provide for the granting [ L._ and itmuc o/ 2>ul<^uts fur itcio aud useful dincovcrics, wvaitionn, imjirovementn. and de- eii/ns. Paten* oCica cs- The Congrcss of the Confederate States of America do enact, That tobHshcd, und:>t- there sliall be established and attached to tlie Department of Justice, an partin-nt" of "^ Jus- ^^^'^ ^^ ^^ denoniinnled the Patent Office, the chief officer of which shall uee. be called the Comrai.^sioDer of Patents, to be appointed by the President, President to ap- by and with the consent of tlie Congress, whose duty it shall be, under the or of patents^* Ills ^"^^^'^" *^* ^^'*^ Attorney General, to superintend, execute and perform all duties. • ' such acts and things touching and respecting the issue of patents for new and useful discoveries, inventions and improvements, as are herein pro- vided for, or sliall hereafter be by law directed to be done and performed, and shall have the chai'ge and custody of all the books, records, papers, moJels, machines, and other things belonging to said office. CLief clerk. ^Ec 2. Bc it further enacted, Tliat there shall be in said office an infe- rior officer, to be appointed by said commissioner, with the approval of the Attorney GSeneral, to be called the cliief clerh of tlie patent office, who in all cases during tlie absence of the commissioner, or when the said principal office shall become vacant, shall have the charge and cus- tody of the seal and of the records, books, papers, machines, models, and all other thing-s belonging to the said office, and shall perforin the duties Bzamincrs o f ^^ ^''^ *^^'^^'"'^^''^"*^'^" ^^^'^"S such vacancy. And the said commissioner patoa'8 aad other ni ay also, with like approval, appoint such examiners of patents, and other ^^^^^^- clerks as may be necessary. And said commissioner, and . every otEer CommiEsionor person appointed and employed in said office, shall be disqualified or in- !i?,!!I,..!i^fi'^'^<^'''^'^° terdicted from acquirini'- or takinof, except by inheritance, durinrj the drfqualihcd from ■ i /■ ■ i • i ^i *i n i i i ^t • ^ • • i taking any interest P^i''oa lor which tliey shall lioKl thcu' appointments respectively, any iapa'.euts. right or interest, directly or indirectly, in any patent for an invention or discovery which has been or ma}' hereafter be granted. And said com- Coxpenaation. missioner, and all others employed in said office, shall receive a compen- sation to be ascertained and fixed by law. * Oath of oGcc. ^EC. 3. And be it farther enacted, That the said principal officer, and every other person to be appointed in tlie said office, shall, before he enters upon the duties of his office or appointment, make oath or affirmation truly and faithfully to execute the trust committed to him. And tlie said commissioner and chief clerk sliall also, before entering upon their duties, Eonds. severally give bonds, with sureties, to the treasurer of the Confederate vStates, the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, with condition to render 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 vir- tue of said office. Seal of ofTico. Sec. 4. And be it further cv.acied, That the said commissioners shall cause a seal to be made and provided for the said office, with such device CopicBofrocords as the President of the Confederate States shall approve; and copies of an)' records, books, papers or diavvings belonging to the said office, under the signature of said commissioner, or when the office sliall be vacant, under the signature of the chief clerk, with the said seal affixed, shall be PEOVISIONAL CONGRESS. Sess. II. Cn. 4Q. 1861. 137 competent eviclence in all cases in which the oritrinal records, books, papers or drawings could be evidence. And any person making applica- Fees. tion therefor may l)ave certified copies of the records, drawings and other papers deposited in the said office, on paying for the written copies the sum of ten cents for every page of one Imndred words, and for copies of drawings, the reasonable expenses of making the same. Sec. 5. And be U further enacted, That all patents issuing from the said Form of patents, office shall be issued in the name of the Confederate States, and under seal of said office, and be signed by the Attorney General, and counter- signed by the commissioner of said office, and shall be recorded, together with the descriptions, specifications and drawings, in the said office, in books to be kept for that purpose. Every patent shall contain a short de- scription or title of the invention or discover)-, correctly indicating its nature and design, and in its terms grant to the applicant or applicants, his or their heirs, administrators, executors or assigns, for a term not Term, exceeding fourteen years, the full and exclusive right and liberty of making, using aud 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 liis invention or discovery. Sec. 0. And be it further enacted, That any person or persons having Forwbatapaf- discovered or invented any new and useful art, macliinc, manufacture, or cnt may be grant- composition of matter, or any ne.Av and useful improvement on any art,® ' machine, manufacture, or composition 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 liis 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 Apj.licaiion. commissioner of patents, expressing such desire; and the commissioner, on due proceedings had, may grant a patciit therefor. But before any in- ventor shall receive a patent for any such new invention or discovery, he shall deliver a written description of his invention or discovery, and of the Written descrtp- manner and process of making, constructing, using and compounding the t'on of invention, 1 <. ,1 I 1 i i ^ • I- 'r -t and of tbe manner same, in such full, clear and exact terms, avoidmg unnecessary prolixity, ^j. ,nj,king. uain"-, as to enable any person skilled in the art or science to which it appertains, ^c., the same, or with which it is most nearly connected, 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 ap- plication of that j)rinciple or character by which it may be distinguished from other inventions ; and sliall particularly specify and point out the part, improvement, or combination which lie claims as his own invention or discovery. He shall, furthermore, accompany the whole with a draw- Prming-s and ing or drawings, and written references, where the nature of the case ad- written reieronces ; mits of drawings; or with specimens of ingredients, and of the compo- ^P®""^^°^ ^^j '", p *'~. .i .„°, ' <. .' gredients and of sition or matter, sufficient in quantity lor the purpose ot experiment, ^jg composition of where the invention or discovery is of a composition of matter, ; which matter. descriptions and drawinofs sio-ned by the inventor, and attested by two , Signature; at - 1 11 1 ^1 1 • xi n . / /Y- 1 1 1 11 r testa ion and filinp Witnesses, shall be nled m the I'atont office ; and he sliall moreover im- of descriptions and nish a model of his invention, in all cases wliich admit of a representation drawings. by model, of a convenient size to exhibit advantageously its several parts. , Model of invoa- The applicant shall make oath or affirmation that he does verily believe "^q!j,Jj ^^ affirma- that he is the original and first inventor or discoverer of the art, machine, tion of applicant. composition, or improvement, for which he solicits a jiatent ; and that he does not know or believe ihat the same was ever before known or used ; and also of what country he is a citizen ; which oath or affirmation may be made before any person authorized by law to administer oaths. Sec. 7. And be it further enacted, That on the filing of any such appli- 138 PROVISIONAL CONGRESS. Sess. II. Ch. 46. 1861. ^ Exaraination by cation, desciiption and specification, and the payment of the duty hcrciu- jjmmissioncr . r ,^|-(^gi. provided, the commissioner shall make, or cause to be made, an ottier Duicer 01 tuc • • j> i n i • • t ^ ■ n ^ alleged new inven- examination ot the alleged new invention or discovery, and if, on any such tion or discovery, examination, it shall not appear to the (Commissioner that the same had What to appear ijggp invested or discovered by any other person in this country, prior to to authorize the )5- , ,, , . ^. i- i <• i i ^■ "> • i i suing of a patent. ^''<^ 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, witli the applicant's consent or allowance, prior to the application, if tlie commissioner shall deem it to be suflicientlj' useful and important, it shall be his duty to issue a patent therefor. But whenever, on such exaraination, it shall appear to the commissioner that the applicant was wot 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 patented or described in any printed publication in this or any foreign country as aforesaid, or that the descrip- Commissioner to tion is defective and insufficient, he shall notify the applicant thereof, notify the appli- giving him briefly such information and references as may be useful in cant w en is aP" i^nio-ing of the proi)riety of rcnewinof his application, or of alterinof his plication IS refused. J ■ .^.'^ . ' ,' •' , , '^ c i •' • t ^i • i specincation to embrace only that part of the invention or discovery whicli If applicant per- is new. But if tlie applicant in such case shall persist in liis claim for a sist in his claim for pjiigj^t with or without any alterations of liis specifications, he sliall be a patent, new oath ' . , , , . A^ ,• • .■ ■ ^ 3 -v required. required to make oatli or affirmation anew, in manner as aforesaid ; and it the specification and claim shall not have been so modified as in the opinion of the commissioner shall entitle the applicant to a patent, he may, on Appeal to Attor- appeal, and upon request in writing, have the decision of the Attorney ney General. General, who shall be furnished with a certificate in writing, with the opinion and decision of the commissioner, stating the particular grounds Proceedings on q( ijjg objection, and the part or parts of the invention which he considers as not entitled to be patented, and the Attorney General shall give reason- able 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 fjicts 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 consider- ation of the matter by the Attoi'ney General, it shall be in his power to reverse the decision of the commissioner, either in whole or in part; and his opinion being certified to the commissioner, he shall be governed Proviso. thereby in the further proceedings to be had on such application : Pro- vided, however, That before an appeal sliall be had in any such case, the applicant shall |)ay to the credit of the treasuiy, as provided in the twenty- third section of this act, the sum of twenty-five dollars. Applicaiions for Sec. 8. And be it further enacted, Tliat whenever an application shall patents which in- j^^ j^^jije foP ^ patent, which in the opinion of the commissioner would terfere with other. . . , ^ ,' . ,.■, ^^ • ^ ■,• pending applica- interfere With any other parent for winch an application may be pending, tions or unexpired or with any unexpired patent wnich shall have been granted, it shall be patents. _ _ ^j^g ^l^^j ^j- ^]^g commissioner to ffive notice thereof to such applicants or Commisioner to •' , , •^, .» . , 1 n 1 t i- /> 1 -ii ii give notice thereof, patentees, as the case may be; and it either shall be dissatisried with the decision of the commissioner on the question of priority of right or inven- Appeal from his tion, on a hearing thereof, ho may appeal from such decision on the like decision, terms and conditions as are provided in the preceding section of this act, and the like proceedings shall be had to determine which or whether Taking out let- either of the applicants is entitled to receive a patent as prayed for. But torspateutinafor- ^^(^t^ljjpnf jj^ ^|jig .^^^ contained shall be construed to deprive an original and cign countrv nott) . . " , „ ,, • 1 , , , , c 1 • • ' A i "^ c 1 • deprive inventor of ^'■'^^' '"^''^" tor of the right to a patent for his invention by reason ot Ins his right under this having previously taken out letters patent therefor in a foreign country, ^'^^- and the same having been published at any time within six months next PROVISIONAL CONGRESS. Sess. II. Cn. 46. 18G1. 189 preceding the filing of his specifications and drawings. And wheneve.t the applicant shall request it, the patent shall take date from the time of Date of patent filing of the specifications and drawings; not, however, exceeding six months prior to tlie actual issuing of the patent; and on like request, and the payment of the dutyherein required, by any applicant, his speci- fications and drawings shall be filed in the secret archives of the olflce, Filing of epeci- until he shall furnish the model and the patent be issued, not exceeding fieations, Ac., in the term of two years — the applicant being entitled to notice of inter- ^j ^]^^ office. ' fering application. Sec. 9. And be it further enacted, That where any person hath made Patents may is- or shall have made any new invention, discovery or improvement, on ac- ^"_^ '^ executors, count of which a patent might by virtue of this act be granted, and such person shall die before any patent shall be granted therefor, the right of applying for and obtaining such patent shall devolve on the executor 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 iu trust fgi^ his devisees, in as full and ample manner, and under the same condi- tions, limitations and restrictions as the same was held or might have been claimed or enjoyed by such person in his or her lifetime ; and when application for a patent shall be made by sucli legal representatives, the oath or afiirniation provided in the sixth section of this act shall be so Oath, varied as to be applicable to them. Sec. 10. And be it further enacted, That every patent shall l)c assign- Assignment of able in law, cither as to the whole interest, or any undivided part thereof, patoiit^- by any instrument iu writing: which assignment, and also every grant and conveyance of the exclusive right, under any patent, to make and use, and to grant to others to make and use, the thing patented within and throughout any specified part or portion of the Confederate States, shall be recorded iu the patent office within three months from the To be recorded, execution thereof. Sec. ll. A7id be it further enacted, That any person who shall have Inventor mnyClo invented any new art, machine, or improvement thereof, and shall desire caveat, further time to mature the same, may, on paying to the credit of the Fees, treasury, in manner as provided iu the twenty-third section of this act, the sum of ten dollars, file in the patent office a caveat setting forth the design and purpose thereof, and its principal and distinguishing charac- teristics, and praying protection of his right till he shall have matured his invention. And such caveat shall be filled in the confidential archives To bo kept ao- of the office, and preserved iu secresy. And if application shall be crct. made by any other person, within one year from the time of filing of such caveat, for a patent of any invention with which it may in any respect interfere, it shall be the duty of the commissioner to deposit the Notieo to be description, specifications, drawings and model in the confidential ar- given of irterferiug chives of the office, and to give notice (by mail) to the person filing the "Prl'^ation. caveat, of such application, who shall, within 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 if, in the opinion Decision, of the conunissioncr, the specifications of claim interfere with each other, like proceedings may he had in all respects as are in this act pro- vided in the case of interfering applications: Provided, however, That no opinion or decision of the commissioner or examiners, under the pro- I^^n^edy at law visions of this act, shall preclude any person interested in favor of or ^"^^^"'^ against the validity of any 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. Sf.c. 12. And be it further enacted, That whenever any patent which Defective palentu has heretofore been granted, or which shall hereafter be granted, shall 140 PROVISIONAL CONGRESS. Sess. II. Ch. 46. 1861. may be surrender- be inoperative or invalid, by I'cason of a defective or insufficient de- ed and rc-issiicd. scription or .s]K;cification, or by reason of the patentee claiminjr in his specification as his own invention more than he had or shall have a right to claim as new, if the error has or shall have arisen by inadvertency, accident or mistake, and without any frandulent 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 inven- tion, for the residue of the period then unexpired for which the original patent was granted, in accordance with the patentee's corrected descrip- Effect there f. tion and specification. And in case of his death, or any assignment by him made of the original patent, a similar right shall vest in his execu- tors, administrators or assigns. And the patent so re-issued, together with the corrected description and specifications, shall have the same eiFect and operation in law, on the trial of all actions hereafter com- menced for causes subsequently accruing, as though the same had been originally filed in such corrected form before the issuing of the original Patents for new patent. And in all cases where any ucav improvement of the original improvements of invention or discovery may have been invented or discovered by the tiun or^discovcrj'. oi'is"i'ial patentee subsequent to the date of his patent, for which a patent is desired by him, an independent patent for such improvement or dis- Annexing to ori- covery may be applied for; and no annexing to such original patent of ginal patents, de- ^j^g description and specification of such additional improvement or im- sicnptions. Ac., of / i n i n i .such improvements Pavements shall be allowed. dLsallowcd. Sec. 13. And he it farther ennctecV, That the defendant in any such Defendant may action shall be permitted to plead the general issue, and to give this act plead the general and any Special matter in evidence of which notice in writing may have issue, and Rive no- jj^g^ given to the plaintift" or his attorney, thirty days before trial, tend- ter. ^'^^'-^'■'^ ^"'^ iug to prove that the description and specification filed by the plaintiff does not contain the whole truth relative to his invention or discovery, or that it contains more than is necessary to produce the described efiect ; v/hich concealment or addition shall fully appear to have been made for the purpose of deceiving the public, or that the patentee 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 allowance of the patentee before his application 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 ressonable diligence in adapting and perfecting the same ; or that the patentee, if an alien at the time the patent was grauted, had failed and neglected, for the space of eigliteen motiths from the date of the patent, to put and continue on sale to the public, on reasonable terms, the invention or What special discovery for which the patent was issued ; and whenever the defendant matters the defend- j.g| J gg j,-, |^j^ defence ou the fact of a previous invention, knowledge or notice,^ when" h'e ''i'''^^ ^f ^^^^ thing patented, he shall state in his notice of special matters relies on a previous the names and places of residence of those whom he intends to prove to luveution, &e. have possessed a prior knowledge of the thing, and where the same had Judgment. been used ; in either of which cases judgment shall be rendered for the defendant with costs : Provided, however, That whenever it shall satis- factorily appear that the patentee, at the time of making his application for the patent, believed himself to be the first inventor or discoverer of When prior u?c the thing patented, the same shall not be held to be void on account of abroadnotto avoid the invention or discovery, or any part thereof, having 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 PROVISIONAL CONGRESS. Sess. II. Ch. 46, 1861. 141 printed publication : And provided also, That whenever the plaintiff Costs, ehall 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. l-t. And be if further enacted, That whenever there shall be two RcmeJy incquiiy interfering patents, or whenever a patent or application shall have been where there are in- refused on an adverse decision of the Attorney General, -on the ground 0",^^^°^^ a'patent that that patent applied for would interfere with an unexpired patent pre- has been rtfuFcd viouslv ci'anted, auv person interested in any such patent either bv assie;n- °^ ''"^ ground that i. ^ ^1 • • ii J 1 r i ■ i 1 iU it would intorfero ment or otherwise, in the one case, and any such apphcant in the other _;,,, „„ „„,^,,- , , case, may have remedy in equity; and the court having cognizance patent, thereof, on notice to adverse parties, and other due proceedings had, may adjudge and declare cither the patents void in the whole or in part, or inoperative and invalid in any particular part or portion of the Con- federate f^tates, according to the interest which the parties to STich suit may possess in the patent or the invention patented ; and may also ad- judge that such applicant is entitled, according to the principles and provisions of this act, to have and receive a patent for his invention, 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. Ami such adjudication, if it be in favor of the right of such applicant, shall authorize the commissioner to issue such patent, on his tiling a copy of the adjudication and otherwise complying with the lequisitions of this act : Provided, hotccver. That no such judgment or adjudication shall Provifo. affect the rights of any person, e.'ccopt the parties to the action and those deriving title from and under them subsequent to the rendition of such judgment. Sec. 15. And he if further enacted, That all actions, suits, controver- au actions, r so ™«ch aa u fraud or mislead the public, any patentee shall have in his specification, """'Sina • claimed to be the original and first inventor or discoverer of any mate- rial or substantial part of the thing patented, of which he was 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 honajide, his own: Frovichd, It shall be a .material and substantial part of the thing patented, and be definitely distinguishable from the other parts so claimed, without right as aforesaid. And every such patentee, his ex- Aclions for ia- ecutors, administrators and assigns, whether of a whole or of a sectional '^^'"S*^'"'''^*^- interest therein, shall be entitled to maintain a suit at law or in erjuity on such patent for any such infringement of such part of the invention or discovery as shall be hona fide his own as ai'oresaid, notwithstanding the specification may embrace more than he shall have any legal right to claim. But in every such case in which a judgment or verdict shall No costs nnlcsa be rendered for the plaintiff, he shall not be entitled to recover costs '^'^''^''''"'''" ^''*''^- against the defendant, unless he shall have entered at the patent oflice prior to the commencement of the suit, a disclaimer of all that part of the thing patented which was so claimed without right: Provided^ hown-rr, That no person bringing any such suit shall be entitled to the benefits Delay in filmg of the provisions contained in this section, who shall have unreasonably '^^'='*^^'^^"*'""» to bar. neglected or delayed to enter at the patent oflice a disclaimer as afore- said. Sec. 22. And he it further enacted, That in all cases in which an When affirmation oath is required by this act, if the person of whom it is required shall ""^^H *'^^f° ^°" be conscientiously scrupulous of taking an oath, affirmation may be sub- stituted thei'cfor. Sec. 23. And be it further enacted, That all moneys paid into the Patent fund ap- treasury of the Confederate States for patents, and for fees for copies P''"P"''|.'^'^*;^'"'^"y' furnished by the commissioner shall be carried to the credit of the ofVhcmtent'offip^. patent fund created by this act ; and the moneys 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 ex- penses of the patent office, including all the expenditures, provided lor by this act ; and also for such other purposes 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, how- ever, by the several limitations herein contained. And it shall be his Commissioner to duty to lay before Congress, in the month of January, annually, a lisf'-'^'^^aD^^al^Port of all patents which shall have been granted during the preceding year, "^ ongress. designating under proper heads the subjects of such patents, and fur- nishing an alphabetical list of the patentees, with their places of resi- dence ; and he shall also furnish a list of all patents which shall have be- come public property during the same period, together with such other information of the state of the patent office as may be useful to Con- gress or to the public. Sec. 24. And be it further enacted, That the coniniissioncr be author- Temporary clerks, ised to employ temporary clerks to do any necessary ti-anscribing, when- ever the current business of the office requires it: Provided, hoiocvcr, Compensation. That instead of salary a compensation shall be allowed, at a rate not greater than is charged for copies now furnished by the office. Sec. 2b. And he it further enacted. That the commissioner is hereby L'st of patents authorized to publish a classified and alphabetical list of all patents*" ^° P"^^'^'^"^*^- granted by the patent office previous to said publication, and retain one hundred copies for the patent office and five hundred copies to be dc- 144 PROVISIONAL CONGRESS. Sess. II. Ch. 46. 1861. posited in the library of Congress, for sucli distribution as may hereafter be directed j and that one thousand dollars, if necessary, be appropriated out of the patent fund, to defray the expenses of the same. Appropriation for Sec. 2G. And he it further enacted, That the sum of five hundred the library of the j^ji^j-g |jg appropriated from the patent fund, to be expended under the patent otnce. t .• x- It, • • ^ ^i i ,• i i r. direction oi the commissioner, tor the purchase oi necessary books for the library of the patent office. Applications by Sec. 27. And be it farther enacted, That all applications by aliens to ah.-ns for patents. o]-,j-o5,^ 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. Inventors may Sec. 28. And he it further enacted, That every person or corporation dispose of right to who has, or shall have purchased or constructed any newly invented pn^or^t^'Tpplfca- ^^chine, manufacture or composition of matter, prior to the application tioD, by the inventor or discoverer for a patent, shall be held to possess the right to use and vend to others to be used, the specific machine, manu- facture or composition of matter so made or purchased, without liability therefor to the inventor, or any other person interested in such inven- tion; and no patent shall be held to be invalid by reason of such pur- chase, sale or use, prior to the application for a patent as aforesaid, ex- (hirinsr period of cept on proof of abandonment of such invention to the public, or that two years. such purchase, sale or prior use has been for more than two years prior to such application for a patent. Remedy in caso Sec. 29. And he it further enacted, That the provisions of the four- <;f interference ex- tecuth sectiou of this act shall extend to all cases whei-e patents are refused where patents^are ^°^ ^^^ reason whatever, either by the commissioner of patents or by the refused. Attorney General, upon appeals from the decision 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 the ccmmissldner of patents, when the whole of the expenses of the proceeding shall be paid by the applicant, whether the final decision shall be in his favor or otherwise. Fees paid by mis- Sec. 30. And he it further enacted, That the Treasurer of the Con- ou't" ']?"''-T'^'^''°p^''^ federate States be and he hereby is authorized to pay back, out of the fund! ^ ^^ *^" patent fund, any sum 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, certifi- cate thereof being made to the said treasurer by the commissioner ol patents. How oath to be Sec. 31. And he it further enacted, That the oath required for appli- a dm jniste red cants for patents may be taken, when the applicant is not for the time being residing in the Confederate States, before any minister plenipo- tentiary, charge d'affaires, consul, or commercial agent holding commis- sion under the government of the Confederate States, or before any notary public of the foreign country in which such applicant may be : Provided, Such foreign state shall have recognized the independence of the Confederate States, and shall be at the time in amity with them. To whtm pay- Sec. 32. And he it further enacted. That all patentees wishing to lo'^be'made^^'^"'^ make payments for patents to be issuetl, may pay all such moneys to the treasurer of the Confederate States, or to the treasurer of either of the mints within the Confederate States, or to such other depositary as shall be designated by the Secretary of the Treasury or commissioner of patents, in other parts of the Confederate States, to receive such payments and give receipts or certificates of deposit therefor. J PROVISIONAL CONGRESS. Sess. II. Ch. 46. 1861. 145 Sec. 33. And be it further enacted, That from all judgments and de- Writ of error or crees of any district court rendered in any action, suit, controversy, or appeal to iho fcu- case at law (jr in equity, arising under any law oi the Lonleuerate Mates granting or coiifiiniing to inventors and discoverers the exclusive right to their inventions or discovcries,a writ of error or appeal, as the case may require, shall lie, at the instance of cither party, to the supreme court of the Confederate States, in the same niaiiner and under the same circumstances as is now provided by law in other judgments and decrees of such district courts, without regard to the sum or value in contro- versy in the action. Conimissioner to Sec. 34. Ami be {f further enact, d, That the commissioner of patents prescribe mice for may establish rules for taking affidavits and depositions required in cases ^'^'^""^' "^^ 'd*'"'^^- pending in the patent office, and such affidavits and depositions may be Dre whom to taken before any justice of the peace or other officer authorized by law '^'= talitn. to take depositions 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 Conl'ederate States for any district or, territory, and he is hereby required, upon the application of any party Rubpoenas for to such contested case, or the agent or attorney of such party, to issue witnes:=es. Bubpoonasyfor 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 with such subpoena, Failure of wit- shall refuse or nedect to appear, or after appearing shall refuse to testily, «"** ♦;' «'tP"^; <>' (not being privileged from giving testimony,) such rehisal or neglect being proved to the satisfaction of any judge of the court whose clerk shall have issued such subpccna, said judge may thereupon proceed to enforce obedience to the process, or to punish the disobedience in like manner as any court of the Confederate States may do in case of disobe- dience to process of suhpnena ad trsfijiraiidum issued by such court ; and Compensation., witnesses in such cases shall be allowed the same cimipensation as is allowed to witnesses attending the courts of the Confederate States: When not ro- Proridrd, Tiiat no witness shall be rec|uired to attend at any place more qnired to attend, than forty miles from the place where the subpoena shall be served upon when not drem- him, to give a deposition under this law : Provided, also, That no wit-crl guilty of coa- ness shall be deemed guilty of contempt for refusing to disclose any'"^'"!'^- secret invention made or owned by him : And prooided, farther, That no witness shall be deemed guilt3i|j)f contempt for disobeying any subpopua directed to him by virtue of this act, unless his fees for going to, return- ing 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. And he it further enacted, 'i:hAt no appeal shall be allowed Appenlfrom do- 1 i.1 » ii /I 1 <• \ 1 • • X' ii • ^ .■.^ ;„ cision of the cx- to the Attorney txeneral from the decisions of the examiners, «-^t'ept in ^^^^j^^^^.^^ interference cases, until after the application shall have been twice rejected ; and the second examination of the application by the primary Second rxams- examiner shall not be had until the applicant, in view of the references nation. given ou the first rejection, shall have renewed the oath of invention as provided for in this act. Sec. 30. And he it further enacted. That the salary of the conimis- Salnrics of com- i^ioner of pateilts, from' and after the passage of this act, shall be throe "^>-7'^""='"-. «'«'"'^« thousand dollars per annum ; that of the chief clerk eighteen hundred dollars per annum ; that of each examiner of pjitents two thousand dol- lars per annum; and that of each regularly employed record or other clerk, one thousand dollars per annum. Sec. 37. And ha it further enacted. That the commissioner of patents 10 146 PROVISIONAL CONGRESS. Sess. II. Cn. 46. 1861. When modelaia authorized to restore to the respective applicants, or when not removed maj be rcsiortd. |,^. tjjci,^ ^j otherwise dispose of such of the models belonging to re- jected applications as he shall not think necessary to be preserved. The same authority is also given in relation to all models accomjianying When ditspoQHed applications for designs and inventions. lie is further authorized to witii- dispense with models of designs, when the design and inventi^m can be , sufficiently represented by a drawing. Printing of pa- Sicc. 38. And be it further eaacttd, That the commissioner may P*'*' require all papers filed in the. patent office, if not correctly, legibly and clearly written, to be printed at the cost of the parties filing such papers; Misconduct of and for gross misconduct he may refuse to recognize any person as a pateiit agent. patent agent, either generally or in any particular case ; but the reasons of the commissioner for such refusal shall be duly recorded, and subject to the approval of the President of the (!onlederate States. Pee? paid on »p- Sec. o'J And be it further enovird, 'J hat no money paid as a fee on plication f o ■ pat- .,ny application for a patent after the jiassage of this act shall le with- funded. drawn or refunded, nor shall the ice paid on filing a caveat be coi!sidere etc. article patented. Sec. 4-1. And he it further enacted, That the connnissioner of patents Commissioner -e Von/edernte States, and ci)iircr)iiiig letters of marque, prizes and prize goods, approved JJaj/ stjcth, one thousand eiijht huu red and sixty-one." Act of Cth May. The Co}i(/ress of thr. Confederate. States [of America'] do enact, Tliat IFCI. cli. 3, g 10, the tenth section of the above entitled act be so amended that, in addl- '""j;^''',,; cni)=crfi ^'"^^ ^^ *'^^ bounty therein mentioned, tlie uovernment of the Confede- of privnt* Hn.ied rate States will pay to the cruiser or cruisers of any private armed veMsisfor Finking vessel comnn'ssioned under said act, twenty per centum on the value of vi'stcis' of the elc- *^'^^'^ '"^'"^ every vessel of war beloniring to the enemy, that may be sunk my. or destroyed by such private armed vessel or vessels, the value of the armament to be included in ihc estimate. The valuation to be 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. Righ'fl and pri- Sec. 2. That if any person who may have invented or may hereafter Tileges coDierred j^YPj^^. a„y „e^y ki lid of armed vessel, or floatinKO%^KD May 21, 18G1. May 21, 1861. Chap. LV. — An Art to prohibit the exportation of cotton from the Conf derate States^ •~ except through the tsenports of hard Satis'; and to puniiih persona offeudimj (herein. Export of coUon The Congress of the Coifcdcrate Sfatea of America do enact, That *ei!p?Mts of"tho c!^''*^"^ '"'"^^ after the first day of eTune next, and during the existence of B., pri-ihibiied. the blockade of any ot the ports of the Confederate States of America by the government of the United States, it shall not be lawful for any person to export any raw cotton or cotton yarn from the Confederate _ States of America, except through the seaports of the said Confederate nhnls "and revenue States ; and it shall be the duty of all the marshals and revenue officer.9 officers- of the said Confederate States, to prevent all violations of this act. PeriHlty lor vio- Sec. 2. If any person shall violate, or attempt to violate or evade the lating this act. provisions of the foregoing section, he shall forfeit all the cotton or cot- ton yarn tlius attempted to be illegally exported, for the use of the Con- federate States ; and in addition thereto he shall be guilty of a misde- meanor, and on conviction thereof shall be fined in a sum not exceeding PROVISIONAL CONGRESS. Sess. II. Cii. 56, 57. 1861. US five thousand dollars, or else imprisoned in some public jail or peniten- tiary for a period not exceedinji 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 Infomi'^r entitled the provisions of this act, shall be entitled to one-half the proceeds of*" ""*' ^J^^^ T'"" the articles forfeited by reason of his information. ?orfiitcd Sec. 4. Any justice of the peace, on information under oath from any Juftiec may is- person, of a violation or attempt to violate this act, may issue his war- «"" ""rraDt for tho rant and cause the cotton or cotton yarn specified in the affidavit to be ^'^'^"'^ ° *^° seized and retained until an investigation can be had before the courts of the Confederate States. Sec. 5. Every steamboat or railroad car which shall be used with the Ftf amboats. -oners of war ; f/ic Congress of the Confederate States of America do enact, That transfer, '^"^'o' y all prisoners of war taken, whether on land or at sea, during the pend- Ond sustenance ol. . 1 . ■ 1 , i t • i 1:1 i n i n ^ ^ 1 ing hostuities with the United fetates, shall be transierred by the cap- tors 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 ap- proval of the President, to issue such instructions to the Quartermaster (Jeneral and his subordinates as shall provide for the safe custody and sustenance of prisoners of ^var ; and the rations furnished prisoners of war shall be the same in quantity and quality as those furnished to en- listed men in the army of the Confederacy. isfll, cb. 3, ?S, Sec. 2. That the eighth section of the act entitled '' An act recogni- f'- ^^^- zing the existence of war between the United States and the Confede- rate States, and concerning letters of marque, prizes and prize goods/' Officer?, crow. g}iaii ^ot be SO Construed as to authorize the holding as prisoners of war Ac, of unarmed .-, cc- n i i \. vessels not to be ^"0 olncers or crew 01 any unarmed vessel, nor any passengers on such held as prisoners vessel, unless such passengers be persons employed in the public service of war. Qf ii^Q enemy. 1861, ch. ?,, ?10, Sec. 8. That the tenth section of the above recited act shall not be ^' When bounty al ^^ Construed, as to allow a bounty for prisoners captured on vessels of the lowed for prisoners enemy and brought into port, unless such prisoners were captured on captured on armed board of an armcd ship or vessel of the enemy of equal or superior n iptf or vessels. f^Yce to that of the private armed vessel making the capture. Approved May 21, 1861. PROVISIONAL CONGRESS. Sess. II. Cii. CO, 61, G2. 1861. 155 Chap. LX. — An Art for the publication of the laiea. Mar 21, 1861. Tlip Confjrrss of (he Confederate States of America do enact, That Acts of Conjrrepa five hundred coj.ies of the acts of this ses^sion of Congress be published ^ ^^ published, forthwith in jjHUjphlet form, to be distributed as follows : one copj' to the How distributed, executive of each of the (■cnfederate States ; one to each judge of the district courts of the Confederate States ; one to the executive of the Confederacy ; ot)e to the head of each department and ot 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. Approved May 21, 18G1. Chap, LXI — An Act mnlivij appropriatiann for )he support of the nary, for the year May 21,1 61. endiiitj tii"S. *•% States, or resident therein, who shall be the author or authors of any ]^''f[''^,,,|"tlj''"J^^" book or bociks, map, chart or musical composition, which may be now siguets. made or composed, and not printed and published, or shall hereafter be made or composed, or who shall invent, design, etch, engrave, woik, or cause to be engraved, etched or woiked from his own design, any print [ or engraving, and the executors, administrators or legal a.ssigns of such : person or persons, shall have the sole right and liberty of printing, re- printing, publishing, and vending such book or books, map, chart or musical composition, print, cut or engraving, in whole or in part, for the term of twenty-eight years from the time of recording the title Period, thereof, in the manner hereinafter directed. Sko. 2. No person shall be entitled to the benefit of this act, unless Copy nf title t« he .shall, before publication, deposit a printed' copy of the title of such },'' '^^f"f"^\ with , , , , ^ 1 ,. • 1 ^ •.- ^ • . . • t1>e clerk of tho book or books, map. chart, musical composition, print, cut or engraving, district court. in the clerk's office of the district court of the district wherein the author or proprietor shall reside. And the clerk of such court is hereby directed and required to record the same thereof forthwith, in a book to Record thereof. be kept for that purpose, in the words following (giving a copy of the title, under the seal of the court, to the said author or proprietor, whenever 158 PROVISIONAL CONGRESS. Sess. II. Ch. 65. 1861. he shall require the same) : District of to-wit : Be it rcmcriv- hn-cd that on tJic. day of Anno Domini, , A B, of the said, district hath deposited in this office the title of a book (map, chart or otherwise as the case may be), the title of which is in the u-ords foUowiiiff, to-wit (here insert the title) : the rif/ht whereof he claims as author (or pi'oprietor as the case may be), in co)if>rmity with an act of Congress entitled ^^An act to secure copi/ rights to authors and com- Fee8. 2wsers." C D, clerk of the district." For which record the clerk shall be entitled to receive from the person claiming such right as al'ore- said, fifty cent*; and the like sum I'or every copy, under seal, actually Copy to b9 cle- given to such person or his assigns. And the author or proprietor of three'^uionths^'froin^^"^ ^^^^'^ book, map, chart, musical composition, print, cut or engraving, publ. cation. shall, within three months from the publication of said book, map, chart, . musical composition, print, cut or engraving, deliver or cause to be Li^t and copies delivered a copy of the same to the clerk of said district. And it shall to be an nu allying ^j^^ ^^^^ P^- ^^ ^.j ,j. ^^ -^ district court, at least once in every t.riinsmiUi.(l to ihe •' . .„ , ,. ,. ,, i i /. • , . , "^ Bute dopartmcut. JG^ir, to transmit a certined list or all such records oi copy-nglit, inclu- ding the titles so recorded, and the dates of record ; and also all the several copies of books or other works de]>osited in his office according to this act, to the Secretary of State, to be preserved in his office. _ Notice of copy- gEc. 3_ }^q person shall be entitled to the benefit of this act, unless "^''M.i''.'^'^ ^'^']'"^'^ he shall give information of conv-right being secured, by causing to on title page, • • i i- i i be inserted in the several copies oi each and Q.v(iYy ediiion published during the term secured, on the title page, or page inimediiitely follow- ing, if it be a book, or if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face tiiereof j or if a volume of maps, charts, music or engravings, upon the title or frontis- piece thereof, the following words, viz. : " Entered according to act of Congress, in the jjear h'/ A B, in the clerk's of lee rf the district court of , (as the case may be.) Copies tobe sent Sec. 4. The author or proprietor of any book, map, eh srt, musical "^'tate''*'^' "^"^^ ° composition, print, cut or engraving, for which a coiiy-right shall be secured under the existing acts of Congress, or those wii'ch shall here- after be enacted respecting copy-rights, shall, within thiee niiinths from the publication of said book, map, chart, musical composit'.on. print, cut or engraving, deliver or cause to be delivered one coj.y of the same to the Department of State, for the use of Congress. ' When copyriglit gjic. 5. jf^ at the expiration of the aforesaid term of years, such author, inventor, designer, engraver, or any of them, when the work had been originally composed and made by more than one person, be still living, and a citizen or citizens of the Confederate States, or resident therein, or being dead, shall have left a widow or ch'ld or children, either or all of them living, the same exclusive right shall be continued to such author, designer or engraver; or if dead, then to such widow Record. and child or children, for the further term of fourteen years: Provided, That the title of the work so secured shall be a second time recorded, and all such other regulations as are herein required in regard to origi- nal copy-rights, be complied with in respect to such renewed copy-right, and that within six months before the expiration of the first term. Copy of record Sec. G. Ill all cascs of renewal of copy-right under this act, such to be publi.shed. author or proprietor shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or « more of the newspapers printed in the Confederate States, for the spaco of four weeks. Assignments to g^.^. 7. All deeds or instruments in writing for the transferor assign- aa^d ^ecordc'L ^°^ ments of copy-rights, being proved or acknowledged in such manner as deeds for the conveyance of land, are required by law to be proved or PROVISIONAL CONGRESS. Sess. II. Ch. 65. 1861. 159 acknowledj^ed in the same State or district, shall and may be recorded in the office where the original copy-right is deposited and recorded ; and every such deed or instrument that shall in any time hereafter be made and executed, and which shall not be proved or acknowledged and recorded as aforesaid, within sixty days alter its execution, shall be judged fraudulent and void against any subsequent purchaser or mort- gagee for valuable consideration without notice. Sec. 8. The clerk of the district court shall be entitled to such fees Fees for record- for performing the services herein authorized and required, as heis'^S* entitled to for performing like services under existing laws of the Con- federate States. ^ Sec. 9. The district courts of the Confederate States shall have Jurisdiction of original cognizance, as well in equity as at law, of all actions, suits, *"® "'^"■'*^'' *^'^"''''- controversies and cases arising under any law of the Confederate States, granting or confirming to authors or inventors, the exclusive right to their respective writings, inventions and discoveries ; and upon any bill in equity filed by any party aggrieved in any such cases, shall have authority to grant injunctions, according to the course and principles of Pnwcr to gmnt courts of equity to prevent the violation of the rights of any authors or ^"J"'^'^^'""^- inventors, secured to them by any laws of the Conicderate States, on Buch terms and conditions as the said courts may deem tit and reasonable : Provided, hoiccvn\Thvit from all judgments and decrees of any district courts, I'cndered in the premises, a writ of error or appeal, as the case Writ of error or may require, shall lie to the supreme court of the Confederate States, appeal, in the same manner and under the same circumstances as is now pro- vided by law in other judgments and decrees of such district courts, without regard to the amount of the decree, verdict or judgment ap- pealed frou). Sec. lU. If any other person or persons, from and after the recording Penalty f'>r vio- of the title of any book or books, according to this act, shall, within the '^^'°'^'^^*^"P-^''''S''*- term or terms herein limited, ))rint, publish or import, or cause to be printed, published or imported, any copy of such bonk or books, without the consent of the person legally entitled to tlie copy-right thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, pub- lish, sell, or expose to sale, or cause to be published, sold or exposed to sale, any copy of such book without such consent in writing, then such offender shall forfeit every copy of such book to the person legally at the time entitled to the copy-right thereof" ; and shall also forfeit and pay fifty cents i'or every such sheet which may be found in his posses- sion, either printed or printing, published, imported or exposed to sale, contrary to the intent of this act ; the one moiety thereof to such legal owner of the copy-right as aforesaid, and the other to the use of the Confederate States ; to be recovered by action of debt in any court having competent jurisdiction thereof. Sec. 11. If any person or persons, after the recording the title of any Forinfiingtmont print, cut or engraving, map, chart or musical composition, according to '^^ '" prints, maps, the provisions of this act, shall, within the term or terms limited by this^j'^^^jpogi^^'no^^'" act, engrave, etch or work, sell or copy, or caiise to be engraved, etched, worked or sold, or copied, either in the whole, or by varying, adding to, or diminishing the main design, with intent to evade the law; or shall print or import for sale, or cause to be printed or imported for sale, any such map, chart, musical composition, print, cut or engraving, or any parts thereof, without tlie consent of the proprietor or proprietors of the copy-right thereof, first obtained in writing, signed in the presence of two credible witnesses, or knowing the same to be so printed or im- ported without such consent as aforesaid, then euch offender or ofienders 160 PROVISIONAL CONGRESS. Sess. II. Ch. 65. 1861. shall forfeit the plate or plates on which such map, chart musical composition, engraving, cut or print shall be copied, and also all and every sheet thereof so copied or printed as aforesaid, to the proprietor or proprietors of the copy-right thereof; and shall further forfeit one dol- lar for every sheet of such map, chart, musical composition, print, cut or engraving, which may be found in his or their possession, printed or published, or exposed to sale, contrary to the true intent and meaning of this act; the one moiety thereof to the proprietor or proprietors, and the otliei' moiety to the use of tlio Confederate States; to be recovered in any court having jurisdiction thereof. Printin;:, Ac, of 8ec. 12. Nothing in this act sliall be construed to extend to prohibit worksofahen:?, not j-jip importation or vending, i)rintiiiLr or publishino-, of any mai), chart, musical composition, print or engraving, written, composed or made, by any person not being a citizen of tlie Conft^derate States, nor resident within the jurisdiction thereof, except as hereinafter provided for. Penalty for itn- Sec. 13. Any person or. persons who slia'.I print or publish any manu- anthonze.l publi- gj.^.jpt whatever, without the consent of tlie author or legal proprietor first script. obtained as aforesaid (u such author or proi)netor be a citizen ot the Confederate States, or i-esident thei'ein), sha!| be liable to sutler and pay the authur and proprietor all damages occasioned by such injury ; to bo recovered by a special action on the case founded upon this act, in any Courts m .ay court having cognizance thereof: And the several courts of the Confedc- grant jnjuactious. j.j^j^ States empowered to grant injunctions to jjievent the violation of the rights of authors and inventors, are hereby empowered to gi'ant injunc- tions in like manner, according to the [)n'nciples of equitv, to restrain such publication of any manuscript as aforesaid. Copyright in g^c. 14. Any copy-right hereafter granted under the laws of the Con- dramatic oomposi- /• 1 4 o. * '. .1 "^^1 • X p 1 tions .0 iuelude the '^''^''"''^^ ^^^^^^' '*^ *"^ '^''^''•^'' *^'" P"op"etor of any dramatic, composition, •xclusive right uf designed or suited for public representation, shall be deemed and taken to representation. confer upon the said author or proprietor, his heirs or assigns, along with the sole right to print and publisli the said comjiosition, the sole right also to act ]ieifoi'm or represent tlie same, ov cause it to be acted, per- formed or represented, on any stage or public. ])lace, during the whole period for which the copy-right is obtained ; and any manager, actor or other ])erson acting, perfoiining or re])resenting the saitl com})osition, without or against the consent of the said author or propiietor, liis heirs, Damageaforylo- or assigns, shall be liable for damages, to be sued for and recovered by ^^^'^on. action on the case or other equivalent remedy, with costs of suit, in any court of the Confederate States. Sui-h damages in all cases to be rated and assessed at such sum not less than one hundred dollars for the first, and fifty dollars for every 'subsequent ])eiformance. as to the court having Prior rights 1 cognizance thereof shall ajijiear to be just : Provided, nevertheless, That pr'Jt<-'cted. nothing herein enacted shall impair any right to act, jterform or represent a dramatic composition as aforesaid, whicli right may have been acquired, or shall in future be acquired by any manager, actor or other person pre- vious to the securing of the copy-right for the said comjjosition, or to restrict in any way the right of such author to process in equity in any court of the Confederate States, for the better and further enforcement of his right. Person sued, Ac, Qp.c. 15. If any person or persons shall be sued or prosecuted for any i^"ruV'rn^d^g7v*e ''"^^^^'■' ^^'^ *''■ ''''"-- <^""^ ""''^''" ^'" ^0' ^''''^"^ ^^ ^^"''^ ^''^^ ^'^ ^'" ^^^'^y "^^y special ma ter in plead the general issue, and give the special matter in evidence, evidence. Sec. 16. If any person or persons from and after the passing of this act, l>atT.m of j^" ^ ^^'^'' I'"" ^ *^'" P"^'''""'^ ■''''•■' l^ook, map, chart, musical com])Osition, print, tended copy i-ight. cut or engraving, not having legally acquired the copy-iight thereof, and shall insert or impress that the same hath been entered according to act of Congress, or words purporting the same, every person so offending shall TROVISIONAL CONGRESS. Sess. II. Cn. G6, G7. 1861. 161 forfeit and pay one hundred dollars; one moiety thereof to th© person who shall sue for the same, and the other to the use of the Confederate States ; to be recovered by action of debt in any court of record having coarnizance tliereof. Skc. 17, No action or prosecution shall be maintained in any case of Limitatica of foa-fciture or penalty under this act, unless the same hhall have been com- ao.ions. menced within two years after the cause of action shall have arisen. Sec. 18. Jic it further enacted, That all the rights and privileges Privileges of this allowed bv this act to authors, composers and desioners, citizens of the**'', extended to ^. rt , ■ o. 1 1 1 1 ' , 1 1 . "Ti 1 foreigners on oer- Confederate States, be and are hereby extended to authors, composers and tain concUiions designers, citizens or subjects of any foreign State or power, by whose laws like rights and privileges are granted to the citizens of this Confede- racy, on the following conditions, viz. :' First, that, copy-rights shall bo applied for in this Confederacy within four months from the time of tlie publication of the original in the foreign State to which the a]>plit;ant owes allegiance. Second, that the actual and 6ona /?f/c publication of the book or other thing for which copy-right is sought, shall be commenced within the limits of this Confederacy within si.>c inonlhs from the date of the ffrantiiif of such copv-rio-hts. On failure to comply witli either of On failure to ,1 I-"'- II .1 • 1 1 • -1 ix 1 ■ i ii -1 t coin ply with c ir.- these conditions, all the rights and privileges attaclung to the copy-i'ight ji(jj„^_pj.j^,jlgg^.t^ granted, shall cease and be of no oii'ect. cease. Skc. 19. Be it further enacted, That all ro])rints or publications of Rcpvinta or prh- 11 1 / • 1 1 ^i -i- J 1 ■ I' \ • \ ligations prohibi- books, maps, charts, inusical and other compositions and designs, tor winch ted from sale iu ifce copy-rights may be granted under the provisions of the foregoing section, c. S. made or had in any State or country, denying the privilege of (;op3--right to the author, composer or designer thereof, shall not be introduced for sale into the Confederate States ; and any person introducing or selling Buch reprints, shall be liable to all the penalties herein before prescribed Tenalfy. for a violation of topy-rights. Sec. 20. Be it Jurther enacted, That this act lake eficct and be in Commoncemont force from and after its passage. *^ '^"^^ Api'uoved Mav 21, 1861. Cn.VP. LXVI. — -1/1 Act nHsignin;/ the jwlf/f, diHtrtct attorney and marshal /or thf district May 21, 1S61, of TtxaSy'to the Eastern dintrict of said Htutc. ~ ' The Cowiress of the Confederate States of America do enact. That .Tho i'-'^Z^ <^'^- the district judge, heretofore denominated the district judge for the distnct^,^^j,lj,^j ^^^ ^j, '^ of Texas, be hereafter denominated the distiict judge for the Eastern dis-(iistrict of Texas, trict of Texas; and that the district attorney heretofore denominated the assigned to the district attorney for the district of Texas, be hereafter denominated the ^.'^'- ^ "^^^.'^ "^"^ district attorney for the Eastern district of Texas; and the marshal here- tofore denomiualed the marshal for the disti'ict of Texas, be hereafter denominated the marshal for the Eastern district of Texas. Ari'UOVED Mav 21, 1861. CnAI'. liXVII. — -.111 -4c/ makinfj (ipproprintion to defray the c^jnnscg of rcmovintj the May 21, 18C1. scat of government to Richmond, Virginia. • The Confjre<^x of the Confederate States of America do enact, That Appropriation to the followincr apiiropriation is made, out of any money in the treasury not ^'^^'^^y ^'^ espoo- , . ^ ^' • X 1 /■ z» 1- i 1 i 1 /• ..1 3Cij of removing Otherwise a]»propriated, for the object hereaiter expressed, lor the vear 11 162 PROVISIONAL CONGRESS. Sess. II. Cii. 67. 1861. t^ic«3atof govern- ending eigliteentli of February, eighteen hundred and sixty-two : For taent, &c. rent of executive buildings and President's house, furniture, expenses ot packino- books and records, railroad freight on fuiniture, books and records of ■ the° government, from Montgomery to Richmond, drayage and m- cidentalaud contingent expenses attending the removal, lorty thousand dollars. Approved May 21, 1861. PROVISIONAL CONGRESS. Sess.II. Res. 1,2,3,4. 1861. 16S RESOLUTIONS. [No. 1.] A rrsohUion of thanks to Brigadier Gcncr(d/G. T. Beauregard and the army Mav 4 ISfil. under his command, for their conduct in the affair of Fort Sumter. ■ ' ' '. G. T. Beauregard and the officers, military and naval, undei- his command, S Jo 'nKu.dT'and and to the fiallant troops of the State of Soutli Carolina, for the skill, to the troop's of fortitude and courage by which tliey reduced and caused tlie surrender of ^^"^'' ^'aroHna. Fort Sumter, in the harbor of Cliarleston, on the twelfth and tliirtoenth days of April, eighteen hundred and sixty-one. And the commendation of Congress is also hereby declared of the generosity manifested by their conduct towards a brave and vanquislied foe. Be it further resolved, Tliat a copy of this resolution be communicated Copy oftliisrc!.o. by the Pi-esident to General Beauregard, and through him to the army ^"'''^" '" ^^° *^""»- then under his command. municated by t:.e , , 1 resideut. Approved May 4, 18G1. [No. 2.] A resolution to cj-tend the proiiaiom of a resolution apjjrovcd March 4, ISGl. Mny 4, Ifei. Resolved hi/ the Congress of the Confederate States of America, Rsdntion of That the resolution passed by this Congress, and approved March the ^^ '"'''' 4, ]t>Gl.r«- fourth, eighteen hundred and sixty-one, in" relation to patents and caveats '"*'"° '" ]'vork dono ♦icuiive offieo and or furniture provided for the use of the executive office, or in the executive buildings. buildings, not properly chargeable to the contingent fund of either of tho other departments. Appkoved May 21, 18C1. May 21, ISCl. [No. 7.] A resolution rrscindirtn a resolution jii'oriding for a digest of laws, ajyprovcd '■ March tii-.cl ih, eighteen hundred and sixty-one. Eesolution of 1. Resolved by the Congress of the Confederate Stales of America, That Blarca 12, 1861. j]jg PggQ]^,^]^^ ^ppcQ^g^j March twelfth, eiffhteen hundred and sixty-one, »v*» viQin cf tor 9u Qi" • t . ' ~ •/ ' gest of lawt rc-P'"<^'^''<-^'^''s? ^^^ ^ digest of laAvs be, and the same is hereby, rescinded. Boinded. 2. Resolved, That W. P. Chilton and John Hemphill, committee of Allowance to tijjg Congress appointed under the resolution rescinded, be allowed eight members of the i ,, '' i V »i • i.. i ■^ -^^ j • ^\ e oommittee un der "*^"^''^ P^^ '•''^.V "-"" tlicir attenfiance as said committee during the recess of eaid resolution. Congress, to be ascertained and paid as the per diem of members of Con- gress in session. Committee to 3. Resolved, That the committee aforesaid be and they are hereby deposit the digest, required to deposit in the office of the Attorney Ceneral the digest, so far niatenals, '. anv account against the Congress left unadjusted at tliis session by the f,''"^^^*'^'*^^^^*''* committee on accounts, shall be paid out of the contingent fund, it found gent fund. to be just, by the first auditor of the treasuiy afftl the secretary of Con- gress, and on their joint certificates; ffwrf, and the Secretaiy be required to submit a detailed statement thereof to the Congress, at its next session. Statement thcr^- 1 ■»! .-.I -i.T/i-i of, by secretary, t(> Approved May 21, 1861. Congress. [No. 12] A resolution to confer certain poicers on the Secretary/ of the Treasuiy. May 21, 18C1. w Resolved hy the Congress of the Confederate States of America., That Secretary of the Socretarv of the Treasury take measures for selling the unexpired !^'*'"°"'"^' .^", f®^^ ^ J o I tilt* uncxpiroci Ic&so lease of the President's house and of the buildings used for the depart- of the Presirlont's ments, or for being releived from any portion of the rent, as soon as the'ioi'se and build- eeat of government shall have been removed ; and that he cause all furni-'"S* ""'^'^ /""■. ^^^ . ', * 1 J I 1 J departments", & : turc no longer wanted to be sold. Approved May 21, 1861. 166 PROVISIONAL CONGRESS. Sess. II. Ch. 1. 1861. PRIVATE ACT OF THE PROVISIONAL CONGRESS OF THE CONFEDERATE STATES Passed nt the second session of the Provisional Congress, vhicli was begun and held at the city of Montgomery , on Monday, the twenty-ninth day of April, 1861, and ended on the txcenty-first day of May, 18G1. Jefferson Davis, President. Alexander H. Stephens, Vice-Presi- dent of the Confederate States. Howell Cobb, President of the Cono-ress. »f,_ 21 1861 Chap. I. — An Act to make temporary disposition of certain railroad iron. Preamble. WiiEREAS, In furtherance of a contract between Thomas C. Bates, an alien enemy residing in the State of New York, and the Memphis, El Paso and Pacific railroad company, 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 — Disposition of The Congress of the Confederate States of America do enact, That certain railroad gaid Memphis, El Paso and Pacific railroad company be and is hereby "^°°' authorized to take possession of said iron upon payment of duty and lawful charges, if any, and lay the same on their road, upon giving bond to the Secretary of the Treasury, to respond for the payment of said iron, as Congress may hereafter direct, the ultimate rights of all per- sons being hereby reserved until such legislation. Approved May 21, 18G1. PUBLIC ACTS OF THE PROVISIONAL CONGPiESS CONFEDERATE STATES Passed at thr third session of the Provisional Congress^ ichick vas hegwi and held, at the citij of Richmond, on Saturda.^, the twentieth day of Jidy, 1861, and ended on the thirty-first day of August, 1861. Jefferson Davis, President. .Vlexander IT. Stephens, Yicc-Prcsi- dent of the Confederate States. Howell Cobb, President of the Congress. STATUTE III. Chap. I. — An act to authorize the' appointment of a'jcnts to sign treasury notes. July 24 1361. 7 he Congress of the Confederate States [^of America'] do enact, That Officers to be .-j^^- tlie Secretary of the Treasury is authorized to appoint officers to assist tlie pointed, to afsi-.t register and treasurer in preparing and signing such treasury notes as are!" ^^'S>"iig, Ac aheady authorized, or may hereafter be authorized by act of Congress ; and the signature of any sucli officer in behalf of the register or of tho treasurer, shall be as eft'ectual to all intents and purposes, us if the samo had been made by the register or the treasurer in person. Approved, July 2-t, 18C1. Chap. IT.— .'Iji act relating to the pre-pai/mcnt of postage in c-^rtain cases. July 29, 1861. TJie Congress of the Confederate States of America do enact, That Mail matter may .ill letters and other matter authorized by law to be transmitted through ^Z;^"^/ \l era.'. r», the mails, written or sent by any oracer, musician or private ot the army, without pre-paj- engaged in the actual service of the Confederate States, may be trans- meut of postage mitted through the mails to any other place in the Confederate States, without pre-payment of postage, but leaving such postage to be collected upon the delivery of -such letters or other matter : Provided., nevertheless, That in all such cases, the letters and other mail matter so sent shall be endorsed with the name, and shall be on account of the individual send- How to bo «»- ing the same, and shall contain a description of the party who sends the ^^orsed. fiame, by endorsement of liis military title, if an ''ofHcer, or of the com- pany and regiment to which he belongs, if a musician or private. Sec. 2. That letters and other mail matter sent to any officer, nnisician Forwarding of or private in the Confederate States army, at any point from which the^*''^"^' "- <,]i;^ii extend to all cases in law or equity arising under the revenue laws of der t h o revenue . j .' ^ o laws, the Confederate States, for whi( h other provisions are not already mado by law ; and, if any person shall receive any injuiy to his person or pio- perty, for, or on account of any act by him done, under any law of the Confederate States, for the protection or collection of the revenue, ho shall be entitled to maintain suit for damage therefor, in the district court of the Confederate States, under whose jurisdiction the party doing the injury may reside. Ari'T!OVFD July 31, 1801. Auguat 1, 1861. Chap. IV. — An act relative to money deposited in thc regiiirics and receivers of ihn — — — court-i. Moncya hcrct^- ^ke Congress of the Cor)fcde)-aie States of America do enact, That fore paid into thc rcgistrieB and re- ^^^ moneys heretofore paid into the registries and receivers of the several oeivors of thccourts of the United States, formerly existing in these Confederate StatC3, PROVISIONAL CONGRESS. Sess. III. Ch. 5,6. 1861. 169 shall be deposited in the treasury of the Confederate States; and it shall court?, to be with- be the duty of the iuda-es of the several courts of the Confederate States, drawn and deposf- 1 .•..,. •'. ^ xi T 1 £■ I -J e «, i.^ ted in the treasury, now havino; jurisdiction over the disposal ot the said sums ot money, to ■' withdraw tiie same from the registries and receivers of the courts, and pay the amount thereof to the Secretary of the Treasuiy. Sec. 2. It .shall be the duty of the Secretary of "the Tre.tsury to issue, Secretary of the in lieu of the amounts of money paid to him as aforesaid, an equal amount i,Jnda"'in Heu^^of in bonds of these Confederate States, bearing interest at five per centum the moneys with- per annum, divided into such sums as shall be required by the judges drawn. making the payment; the capital and interest of said bonds being made payable only wlien pavmcT5t thereof shall be ordered by a decree of the court having jurisdiction over the disposal thereof Said bonds shall be made payable to the order of the judge of the court by whom the pay- When, and to nient is made into the treasury, and of his successors in office; and it^^^"'" 'he Jionds , ., , . 1 n , ,-, • /. I rr. , 1 i ^made payable, shall be the duty of the Secretary of the Ireasury to make payment ot said bonds and all accruing interest, on demand and presentation thereof, accompanied by a duly certified copy of the order of court directing such payment. Sec. 3. That all sums of money deposited in ihc registries and receiv- Alonoys hcreaf- ers of the several courts of these Confederate States, or'that may hereafter *'''". '|tP"S'ted, re- , , • 1 1 11 •.• • • 1- 1 r J • • 4.^ c niiiining undispos- bc SO deposited, shall, it rcmainmg undisposed ot during six montlis trom ^>j ^f^ ^^ ^^ uj^p. the date of the deposite, be transferred in like manner as is above pro- wise transferred, vided, to the treasury of the Confederate States, and be replaced by bonds *<^- to be issued in like manner, and payable on the like terms and conditions, in all respects, as provided in the second section of this act. Approved August 1, 18(51. Cn.\p. V. — An act to c uthon'zr the dlsfrihution of ihc proreedn ftf (he sal-: of the A. II. j\u,»Qst \ ]SG1. Thompson, condemned as a jrizc. " The Congi'css of the Confederate States of Amenca do enaet, That Proceeds of tho the proceeds of the sale of the ship A. B. Thompson, taken by the Con-^'^^e "^ ^^'^ ^^^'P -*• federate States ship of war, the Lady Davis, and condemned as a prize, dp,„n"ras Trrizc under a decree of the Confederate States court, for tho district of South to be distributed. .Carolina, when paid into the treasury, shall be distributed by the Secretary of the Navy, according to the provisions of the act of the United States of April twenty-third, eighteen hundred, entitled " An act for the better government of the navy of tlie United States," and made of force by an act of the Congress of the Confederate States, of February ninth, eighteen hundred and sixty-one, entitled " An act to continue in force certain laws of the United States of America," rating captain Elliott and his detach- ment — declared joint captors by the said decree — as marines, according to their respective ranks. Appkovkd August 1, 1861. CnAr. VI. — An art to amend "An act to estahlieh tie juliclal courts of the Confederate August 1, 1801. Statcn of Amrrua." The Coii(jress of the Confederate States of America, do enact, That Wileaso allowed the provision in the thirty-first section of the "Act to establish the judicial *^'^^'"'"* '^.^^""•^y'''- courts of the Confederate States of America," which allows mileage to ci 231 anup'.Sl. the district attorney, shall be modified to read as follows, namely: "and when there are two or more divisions in the di.strict for which he is ap- 170 PROVISIONAL CONGRESS. Sess. III. Ch. 7,8, 9. 1861. pointed, lie shall be allowed mileage at the rate of ten cents per mile, for going to and returning from the court Avhic-h is most distant from his place of residence; to be computed on the most usual line of travel." Approved August 1, 1861. Angust 2, 1S61. Chap. VII. — An act to 7nake provision for the care of supplies for the sick and wounded. « Secretary of War The Congrcss of the Confederate States of America do enact, That to appoint clerk to tlie Secretary of War shall forthwith a])point a clerk in the office of the distribute^ Vrti'Te's Surgeon General, to take charge of all hospital su])plies and other articles for the sick and which may be contributed forlhe use of the sick and wounded; and the wounded. same to dispose of, according to the wishes of the contributors, under the Salary. direction of the medical department of the army; the salary of the said clerk not to exceed one thousand dollars ; and the said clerk shall be Place for the safe authorized, under the direction of the Surgeon General, to procure and fit keeping, &c., of the up a proper place for the safe keeping and proper disposal of the said " ^^^^^' articles. Approved Augunt 2, 1861. August 2, 1861. Chap. VIII. — An act to provide for an additional field officer to volunteer hatfalions, and for the ojypointuient of assistant adjutants ycneral fur the provisional forces. Act 18G1, March Be it enacted by the Conpress of the Confederate States of America , 6 . ch. 26 , 1 8, p. 'Yi^^i tijQ eio-hth section of the act of March sixteenth, eighteen hundred and sixty-one, " to provide for the public defence," be, and the same is Certoin battalions hereby, so far amended that whenever battalions of volunteers in the of volunteers al- gc-vice of the Confederate States shall consist of not less than six compa- fic^rs ^"^^ ^ ° ■ jiiyg^ there may be allowed, in the discretion of the President, to each Rank of ofEceis. battalion SO constituted, two field officers, one with the rank of lieutenant colonel and the other with the rank of major. Assistant adju- Sec. 2. That the President be, and ho is hereby, authorized to appoint tants general may ^^ ^j volunteer forces in the Confederate service, as many assistant he appointed for , , . • i i i ii volunteer forces. adjutants general as the service may require, wliose rank shall corrcs- Their rank and pond with the rank of the assistant adjutants general in the regular P"^' army, and who shall receive the same pay and allowances, according to their respective grades. Approved August 2, 1861. August 2 18C1. Chap. IX. — An Act to extend the provisions of an act entitled " An act to prohibit the ex- — — jiortatinn of cotton from the Confederate States, except throuf/h ihe ae ports of said Statf-H, and to punish persim offending therein," aj)proved Maij ticcnfy-one, eighteen hundred and sixty-one. Act of 1861, May The Contjress of the Confederate States of America do enact, That 21, ch. 55. prohibit- +|^g provisions of the above recited act be, and the same are hereby ex- ing exportaiKij of ^ i- i i i • r> ^ • cotton, except, (fee, tended, and made applicable to the exportation oi tobacco, sugar, rice, extended to other molasses, syrup and naval stores, from the Confederate States, from and articles. ^f^^^ ^j^^ ^g^^^j^ ^^^ ^^£. ^^^gugt ^ext. Approved iVugust 2, 1861. PROVISIONAL CONGRESS. Sess. III. Ch. 10, 11, 12.- 1861. 171 Chap. X. — An Act to am' ^^^^ President, or which may otherwise become laws, shall be deposited in the Department of Justice, and the originals carefully preserved in said Department. Publication of '^E.c. 2. It shall be the duty of the attorney general, as soon as conve- in the public ga- nieutly may be, after he shall receive the same, to select from the laws, '"''■'®^* orders and resolutions passed at each session, such as may be of a public nature, and as in his judgment, require early publication, and cause the same to be inserted, weekly, for one month, in one public gazette published at the seat of government in each State, and shall also publish all the laws in two gazettes published at tho capital of the Confederate States ; and Compensation ^''^ <^o'""P^"^'i^'^'c>n for this publication shall not exceed one dollar and a for publishing. half per page, estimated according to Little and Brown's edition of the • laws of the United States. Laws and reso- ' Sec. 3. It shall be the duty of the attorne}' general, at the close of each lutionsand treaties session of Congress, to cause all the laws and resolutions having tlie force tho'^clore'' of elct ^^ ''^^^''' '"^"'^ ''^" ^''^''^'^^^'^ entered into by the Confederate States, "to be pub- session, lished under the supervision of the superintendent of public printing. The Arrangement, ^^ws shall be arranged in the order of their date ; shall have marginal notes to each section ; shall be fully indexed ; snd shall be publi'^hed to Xumbcrof copies, t'he number of three thousand co))ies, in a style equal in execution and style, paper and upon paper equal in quality to the edition of the laws of the United binding. States, as annually published by Little and Brown ; they shall be bound in pamphlet, in a style not inferior to that in which the laws published by Number to b o Little and Brown are bound annually; and one thousand copies thereof ""'^ shall be preserved to be bound in calf, in a solid and substantial manner, as often as the number of pages shall be sufficient to form a volume of not less than eight hundred nor more than one thousand pages. And wlien- Index. ever the volumes are thus bound, a new index shall be made, comprising the contents of the whole volume thus bound. Sec. 4. The printing of the laws, as required by the foregoing section, PROVISIONAL CONGRESS. Sess. III. Cii. 15, 16. 1861, 173 slinll be executed by the public printer; the binding in pamphlet form Printing to be and in volumes, as provided in the foregoing section, shall be executed by "j"^,g^ y P" '° contract to be entered into by the superintendent of public piinting, after jHDding to be advertising for sealed proposals; and the paper for the printing of the executed by cou- laws shall be furnislied to the public printer by the superintendent of pub- ^"""tJ'*" . . , ,. . . . • 1 1 ;• 1 • e \ p /• 1 Superintendent lie jirinting, in accordance with the loiirtli section oi tiie act oi rourteentn ^f public printiug Miiy, one thousand eight hundred and sixty-one, entitled "An act further to furcish prper. to organize the bureau of superintendent of public piinting. Sec. 5. The price allowed to the public j^rinter for printing the laws, Price allowed under the provisions of this act, shall be the following, and no more, to P"^^'** P'''°''^'^" ■wit : for coini)osition, plain, seventy-five cents per thousand ems; for rule and figure work, one dollar and fifty cents per thousand ems; for press work, octavo forms, of sixteen pages, seventy-five cents per token. Skc. 6. The laws, when bound in pamphlet form, sliall be distributed Distribution, as follows, to wit: one copy to each member of the Congress for the time being ; twenty copies each to the secretary of the Senate and the clerk of the House of ]{c])resentatives ; one copy to each committee of the two houses of Congress ; five copies each to (he President and Vice President ; two hundred copies to the Department of State, for its own use, and for distribution amongst the diplomatii; and consular offii-ers of the Confede- late States ; two hundred copies to the department of the treasury, for its own use, and for distribution amongst the revenue officers of the govern- ment ; one hundred cojties to the Department of Justice, for its own use, and for distribution amongst the judges, clerks, marshals and attorneys of the ('onfederate States ; fifty copies each to the departments of war and tlie navy, and to the postmaster general; five copies ea('h to the governors of the several States, for the use of the States. The remaining copies shall be preserved in the Department of Justice, subject to the further order of Congress. Si;c. 7. The attorney general is authorized to apppoint an additional Attorney General cleik in the Dejiartment of Justice for the purpose of carrying into eftcct *".'^''"^'^'' i'"u"^' the provisions of this act, to be called the law clerk of said department, |j'""p'^jjjj'gj,t, of at a salaiy of fifteen hundred dollars per annum. Justice, llis salary. Sec 8. All laws aud parts of laws heretofoi-e enacted, providinfj for the Repealing clause, safe custody, preservation, printing, publication and distribution of the laws aie hereby repealed. Approved August 5, 18G1. Chap. XV. — An Ad to authorize advances to be made in certain casce. August 5, ISGl. The Congress of the Covfederofe States of Amrrka do enact, That the Secretary of War Secretary of War. with the approbation of the l^csident, be authorized, au'borizcd to make during the existence of the present war, to make advances upon anv con- "''^„'i°''f!, ''"*!""" "^ ., * i-i » ' irfl.crs I or ni ms or tract, not to exceed thirty-three and one-third jier cent., tor arms or mu- munitions of war. nitions of war: Provided^ That security be first taken, to be approved by Proviso, the Secretary of War, for the performance of the contract, or for a proper accounting for the said money. Appuoved August 5, ISGl. CnAr. XVr. — An Act to give aid to the pcojAc and State of Missouri. August (i, 18G1. The Congress of the Confederate States of America do enact, Tliat Appropriation to to .aid the people of the State of Missouri, in the efibrt to maintain, Avithin 174 PROVISIONAL CONGRESS. Sess. III. Ch. 17, 18, 19. 1861. aid tbe people and theiv own limits, tlie constitutional liberty, which it is the purpose of the Btate of Missouri. (Confederate States in the existing war to vindicate, there shall be, and is hereby, appropriated out of any moneys in the Treasury not otherwise appropriated one million of dollars, to supply clothing, subsistence, arn^s and ammunition to the troops of Missoui'i who may co-operate with those of the Confederate States, during the progress of the existing war, said sum to be expended under the discretion of the President of the Confede- rate States, for the purposes aforesaid. Approved Aufnist G, 1861. August 6,1861. Chap. XVII — An Ad to prozide for the construction of a nncly invented imj.tlemcnt of Whereas, Charles S. Dickinson alleges that he has invented a machine, generally known as '' Winans' gun," whereby balls can be projected with such force, rapidity and precision as to render it a valuable im- plement of war, both in the army and the navy — Appropriation fer The Congress of Hit Confederate States of America do tlicrefore enact, the construction of rfi^^t the President be and he, is hereby authorized, in his discretion, to " Winans gun. , . „,.,'.. •', , , ' , ,, \ cause one machine oi this description, calculated to throw balls measuring about three-fourths of an inch in diameter, and weighing about two Proviso. ounces, to be constructed under the direction of said Dickinson : Pro- vided, That the cost thereof shall not exceed five thousand dollars. Approved August 6, 18G1. August 8, 1861. Chap. XVIII — An Act to authorize the President of the Confederate Stnteii to grant — commissions to raise volunteer regiments and battalions, composed of persons toho are, or have been, residents of the States !■ 1 1 • 1 • 1 require citizens of United States, being males oi fourteen years and upwards, within the the U. S. witbin Confederate States, and adhering to the government of the United ibe C. S. to depart States, and acknowledging the authority of the same, and not being ^^'^^^'° ^'^ "'*y®' citizens of the Confederate States, nor within the proviso of the first section of this act, to depart from the Confederate States within forty days from the date of said proclamation; and such persons remaining On failure to de- within the Confederate States after that time shall become liable to be J^^.J^ cnemils*^ " treated as alien enemies ; and in all cases of declared war as aforesaid, aliens, resident within the Coni'ederate States, who shall become liable as enemies as aforesaid, and who shall not be chargeable with actual hostility or other crime against the public safety, shall be allowed the Time allowed time for the disposition of their effects and for departure, which may be "I'f,"^ /u*' ^^^ '^a'' ° ' ,,, ^ ., ii-i • 1 witliin tno C. b. stipulated by any treat}' with such hostile nation or government ; and when no such treaty may exist the President shall prescribe such time as may be consistent with the public safety, and accord with the dictates of humanity and national hospitality. Sec. 4. After any declared war, or proclamation, as aforesaid, it shall Duty of the Con- be the duty of the several courts of the Confederate States, and of each ^^'^^^^^^ f^ ^i^^"" State having criminal jurisdiction, and of the several judges and justices on c omptainta of the courts of the Confederate States, and they are hereby authorized, ag.ninst aliens and upon complaint acainst anv alien, or alien enemies, a,s aforesaid, or per- *1'<;°. e"';'aies ro- ^ .'■ . 1 ■ 1 *^ . ,. 1 • 1 -1 11 1 -1 maiuing in the C. sons coming within the purview oi this act, who shall be resident, or s_ remaining in the Confederate States, and at large within the jurisdiction or district of such judge or court, as aforesaid, contrary to the intent of this act, and of the proclamation of the President of the Confederate States, or the regulations prescribed by him, in pursuance of this act, to cause such alien or aliens, person or persons, as aforesaid, to be duly apprehended and convened before such court, judge or justice, for exami- Apprehension nation ; and after a full examination and hearing in such complaint, and '^^^ examination, sufficient cause therefor appearing, shall or may order such alien or aliens. Order for remo- person or persons, to be removed out of the territory of the Confederate ^l'- ,^?^ other- States, or to be otherwise dealt with or restrained, conformably to the "^'^* ^^ ^^ intent of this act, and the proclamation or regulations which may be prescribed as aforesaid, and may imprison or otherwise secure such alien person until the order which shall be made shall be performed. 17G PROVISIONAL CONGRESS. Sess. III. Ch. 20, 21,22. 1861. Marshal, by him- Sec. 5. It shall be the duty of the marshal of the district, in which self or deputy, or ^^^^ alien enemy or person ofieadino- acainst the provisions of this act, son, to execute the shall be apprehended, who by the President of the Confederate States, order. or by order of any court, judge or justice, as aforesaid, shall be required to depart, [or] to be removed as aforesaid, to execute such order by him- self or deputy, or other discreet person, and for such execution the Warrantfor such marshal shall have the warrant of the Prei-ident, or the court or judge, execution. as the case may be. ArPROVED August 8, 1861. August 8, 1801. Ch.VP. XX. — An Act further to provide for the ptthlic defence. President autho- The Congress of the Confederate States of America do enact, That nzed to employ the Jq Qj.^jg^. ^q provide additional forces to repel invasion, maintain the militia, military .i,pi ^. f>i/-if>i o n i ■ ^ and naval forces, righttul possessiou 01 the Conicderatc btatcs oi America, and to secure and to ask for and the independence of the Confederate States, the President be, and he is accept voltint2ers. hereby, authorized to employ the militia, military and naval forces of the Confederate States of America, and to ask for and accept the services of any number of volunteers, not exceeding four hundred thousand, who may offer their services, either as cavalry, mounted riflemen, artillery, or infantry, in such proportions of these several arms as he may deem ex- pedient, to serve for a period of not less than twelve months,. nor more than three years after they shall be mustered into service, unless sooner discharged. To bo organized Sec. 2. That whenever the militia or volunteers are called and re- un er 'be ac-t of^g-^gj ^^^^^ ^|^g service of the Confederate States, under the provisions March C, l^^Ol. p , • ^ ^ ^^ ^ ■ ^ i ^ n ^ • i |. n* i 01 this act, they shall be organized under the act oi the sixth oi March, one thousand eight hundred and sixty-one, entitled " An act to provide Pay and allow- for the public defence," with the same pay and allowances of said act, anees and time of aud the same time for the service of the militia. Cont'truetion of ^^^' ^' Nothing in this act shall be construed to extend to, or in any act. wise to alter any act heretofore passed, authorizing the President to receive troops offered directly to the Confederate States for the war, or for any less time. Approved August 8, 18G1. Auo'ust 14 18G1. Chap. XXI. — -In Act to provide for the appointment of 8urij<:on» and aatiatant surrjcona — — _ fur kogpitals. Surgeons and 77/6 Congress of the Confederate States of America do enact, That assistiint surg«' ns j-]ig President be and he if- hereby authorized to appoint in the provisional m the provisional i ■''. . o ,-, • i •, > army for the hos- ^^'^ ^^ many surgeons and assistant surgeons tor the various uospitais piuis. of the Confederacy, as may be necessary. Approved August 14, 18G1. August 10, ISCl. Chap. XXIT. — An Act to amend the law in relation to the export of tobacco, and other commodities. Act of May 21, The Congress of the Confederate States of America do enact, That 1861, prohii.iting t,he act passed at the present session entitled " An Act to extend the except, Ac, to take pi'ovisions of an act entitled 'An act to prohibit the exportation of cotton immediate effect, from the Confederate States except through the seaports of said States, PROVISIONAL CONGRESS. Sess. III. Ch. 23. 1861. 177 aud to punisli persons offending therein,' " approved May twenty-one, Anno Domini, one tliousand eight hundred and sixty-oiM'. slmll trn inti^ effect immediately after the approval of this act. ArpRovED August 16, 1861. Chap. XXIII. — An Act lo authorize the instte o/ Ircasvri/ notes, atid to provide a tear Augnst 19, 1861- lax/or (heir i ademption. Tlir Coiup'css of the Confederate States of Amerk<( ihi eiiacf. That Pecret.iry of the the Secretary of the Treasury be and he is hereby auliiorized, iVoni time *',"^"''-^' ""''^'^'■- *', ... '' . . . *' . izcu to issue trea- to time, as the public necessities may require, to issue treasury ni)tcs, f,iry notes, as the payable to bearer tit the expiration of six months after the ratification pi^tilic ncccssiiies of a treaty of peace between tlic Conlcderatc States and the United '""^' "'I"*'"®- States, the said notes to be of any denomination not less than five dollars, and to be re-issuabl'> at pleasure until tlic s;ime are payable ; but the / whole issue outstanding at one time, including the amount is.sucd under former acts, shall not exceed one hundred millions of dollars ; the said notes shall be receivable in payment of the war tax hereinafter provided, Rccciral!c in and of all other public dues except the export duty on cotton, and shall paymci t of war also be received in payment of the subscriptions of the net proceeds of ^^' ^" *° "*"' sales of raw produce and manufactuicd articles. Sec. 2. That for the purpose oi' landing the said notes, and of making PotkIs to be is- exchange for the proceeds of the sale of raw produce and manufactured ''"^'^ '"J" *''*' P"'" articles, or for the purchase of specie or military stores, the Secretary of 'yj',|"'jjj[gg and"o^' the Treasury, with the assent of the President, is authorized to issue making exchange, bonds, payable not more than twenty years ai'ter date, and bearing a ^'^• rate of interest not exceeding eight per centum per annum, until they liecome payable, the interest to ^bc paid semi-annually; the said bonds not to exceed, in the whole, one hundred millions of dollars, and to be deemed a substitute for thirty millions of the bonds authorized to be issued by the act approved May sixteenth, eighteen hundred and sixty- Actof ifiCI.May one ; and this act is to be deemed a revocation of the authority to issue ^''' *■"**• "* '*• '"• the said thirty millions. The said bonds shall not be issued in less sums DcnomiuatoD. thaft one hundred dollars, nor in fractional parts of a hundred, except v.hen the subscription is less than one hundred dollars, the said bonds may be issued in sums of fifty dollars. They may be sold for specie, Muy be sold, Ac. military and naval stores, or for the proceeds of raw produce and manu- factured article^, in the same manner as is provided by the act aforesaid ; and whenever subscriptions of the same have been or shall be made pay- able at a particular date, the Secretary of the Treasury shall have power to extend the time of sales until sucii date as he shall see fit to indicate. Sec. ^). The hoUlers of the said treasury notes may, at any time, Bonds in cx- demand in exchange for them bonds of the Confederate States, according chsngcfortrcascry to such regulations as may be made by the Secretary of the Treasury, ""'"^s. Hut whenever the Secretary of the Treasury shall advertise that he will ])ay off any portion of the said treasury notes, then the privilege of When priviego i'undinir, as to such notes, sliall cease, unless there shall be a failure to ^*^ funding u> , ' . . . cease. ]>ay tlie same in specie on presentation. SiX". 4. That fur the special purpose of paying the principal and in- War tax. tcrest of the public debt, a,nd of suj)porting the government, a war tax shall be assessed and levied, of fifty cents upon each one liundred dollars in value, of the following property in the Confederate States, namely : TaxaWepropcm. real estate of all kinds; slaves; merchandize; bank stocks; railroad and other corporation stocks; money at interest, or invested }>y indi- viduals in the purchase of bills, notes, and other securities for money, 12 178 PROVISIONAL CONGRESS. Sess. III. Ch. 23. 1861. except the bonds of the Confederate States of America, and cash on hand or on deposit in bank or elsewhere; cattle, horses and mules; gold watches, gold and silver plate, pianos and pleasure carriages : Provided, Taxable property Aoi/'crer, That when the taxable property herein aboye enumerated, of ofbeadofafauiiy, any head of a family, is of value less than five hundred dollars, such valui", exempted, taxable property shall be exempt from taxation under this aet : And A\su property oi provided, further, That the property of colleges and schools, and of colleges, schools, charitable or religions corporations or associations, actually used for the Public lands and P^^P'^'''^''' ^^^ which such colleges, schools, corporations or associations properly owned by were created, shall be exempt from taxation under this act : And pro- u Stale for public vlded, further. That all public lands and all pnrperty owned bj a State purposes, likewise (■ fi- i ii-^i- exempted. '^^^ public purposes, be exempt irom taxation. i;,i..h State to Skc. 5. That for the purpose of a-scertaining all property included in constitute ataxdi- the abovc cla.s.'-cs, and the vaUic thereof, and the person chargeable witl? ^ !,'""■ the tax, each State shall constitute a tax division, over which shall be cach'divLion. ^ To (ippointcd onc chief collector, who dhall be charged \yith the duty of divide the State in- dividing the State into a convenient number of collection districts, sub- to collection dis-jgct to the revisal of the Secretary of the Treasury. The said collector "^By wbom ap- ^^^^^^ ^^ appointed by the President, and shall hold his office for one pointed. Term of.year, and receive a salary of two thousand dollars. He shall give bond office. Salary. with sureties to discharge the duties of his oiSce in such amount as may Oath of office ^^ prescribed by the Secretary of the Treasury, and shall take oath faithfully to discharge the duties of his office, and to support and defend To appoint tax the Constitution. The said chief collector shall, with the approbation collector for eaih gf t]^g Secretary of the Treasury, appoint a tax collector for each collec- A.ssessment, when ^io*! district, whose duty it shall be to cause an assessment to be made to be made. on or before the first day of November next, of all the taxable property in his district, included in each of the above mentioned classes of pro- perty, and the persons then owning or in possession thereof; and in Tax collectors to order thereto, the said tax collectors may appoint assessors, who shalS appoint assessors, proceed through every part of their respective districts, and, after pub- lic notice, shall require all persons owning, possessing, or having the care and management of any property liable to the tax aforesaid, to deliver written lists of the same, which shall be made in such manner as may be required by the chief collector, and as far as practicable, conformable to those which may be required for the same purpose under the authority of the respective States ; and the said assessors are author- ized to enter into and upon, all and singular, the premises for the pur- poses required hy this act. TTritton lists of Sec. 6. If any person sliall not be prepared to exhibit a written list tai-ablc property vfben required, and shall consent to disclose the particulars of taxable 1/0 be tx lie property owned or possessed by him, or under his care and management, When oflicer to then it shall be the duty of the officer to make the list, which, being make the list. distinctly read and consented to, shall be received es the list of such person. Penalty for false Sec. 7. That if any person shall deliver or disclose to any collector or or fraudulent list, assessor appointed in pursuance of this act and requiring a list as afore- said, any false or fraudulent list, with intent to defeat or evade the valuation or enumeration hereby intended to be made, such person so ofl'ending shall be fined in a sum not exceeding five hundred dollars, to be recovered in any court of competent jurisdiction. Party liable to Sec. 8. Any pcrson who shall fail to deliver to the collector or assessor ur^^o ddiver'^'S't^ ^'•'^^ "^^ ^^''"^ taxable property at iha time prescribed by him, shall be at the proper time. l''ib^<^ to a double tax upon all his taxable property; the same to be assessed by the collector or assessor, and to be collected in the same manner and by the same process as is herein provided as to the single tax. PROVISIONAL CONGRESS. Sess. III. Cn. 23. 1861. 170 Skc. 9. The lists shall be made in reference to the value and situation I-ists tc be made of the property, on the first day of October nest, and shall be made out, |" "/f *^"|?*',r\? er completed, and be delivered into the hands of each of the tax collectors ty on the istOcto- on the first day of December next; and upon the receipt thereof, each ber, iSiil. tax collector mav, for twenty-one days next ensuinrr the said first Decern- "'*«'" ^^ hodvh- ber, hear and determine all appeals from the said assessments, as well asi^jdor. applications for the reduction of a double tax, when such tax may have Appeals from as - been incurred to a single tax, which determination shall be final. assessments and i..r Sec. 10. The several tax collectors shall, on or before the first day of {^^ February ensuing, furnish to the chief collector of the State in which Tax colloctorato his district is situated, a correct and accurate list of all the assessments ^"^"'^'^ to the chiot made upon each person in his district, and of the amount of tax to be gggg^^en^g ''g^nd of paid by such person, specifying each object of taxation ; and the said the amount collated list to the Secretary of the Treasury. and^'forwid toX Sec. 11. The said several collectors shallj on the first day of May Seerctary of the next, proceed to collect from every person liable for the said tax, the 'J''"<'a>'u'"y. amounts severally due and owing, and he shall previously give notice ^^jl^J^"j "^^ ** "^ for twenty days in onO newspaper, if any be published in his district, Oolleotors to give iind by notifications in at least tour public places in each township, ward notice, or precinct within his district, of the time and place at which he will receive the said tax ; and on failure to pay the same, it shall be the duty rrooecdin^ts by of the collector, within twenty days after the first day of 3Iay aforesaid, distress on failnru by himself or his deputies, to proceed to collect the said ta.xes by dis-^°P*^'^®'*'^*^^**" tress and sale of the goods, chattels or effects of the persons delinquent. And in case of such distress, it shall be the duty of the officer charged with the collection to make, or cause to be made, an account of the goods or chattels which may be distrained, a copy of which, signed by the officer making such distress, shall be left with the owner or possessor of such goods, chattels or effects, or at his or her dwelling, with a note of the sum demanded, and the time and place of sale; and the said officer .shall forthwith cause a notification to be' publicly advertised or posted up at two public places nearest to the residence of the person whose property shall be distrained, or at the court-house of the same county, if not more than ten miles distant, which notice shall specify the articles distrained, and the time and place proposed for the sale thereof, which time shall not be less than ten days from the date of such notification, and the place proposed for the sale not more than five miles distant from the place of making such distress : J^rovidrJ, That in any Proviso, case of distress for the payment of the taxes aforesaid, the goods, chat- tels or effects so distrained, shall and may be restored to the owner or possessor, if, prior to the sale thereof, payment, or tender thereof, shall be made to the proper officer charged with the collection, of the full amount demanded, together with such fee for levying, and such sum for the necessary and reasonable expense of removing and keeping the goods, chattels or effects so distrained, as may be allowed in like cases by the laws' or practice of the State wherein the distress shall have been made; but in case of non-payment or tender as aforesaid, the said offi- cers shall proceed to sell the said goods, chattels or effects at |iublic aitotion, and shall and may retain from the proceeds of such sale, the amount demandable for the use of the Confederate States, with the necessary and reasonable expenses of distress and sale, and a connnission of five per centum thereon for his own use, rendering the overplus, if any there be, to the person whose goods, chattels or effects shall have been distrained : l^ruvldcd, That it shall not be lawful to make distress Property cscmpt- of the tools or implements of a trade or profession, beasts of the plough, eil ^^ "i distrc?E. and farming utensils necessary for the cultivation of improved lands, ISO PROVISIONAL CONGRESS. Sess. III. Ch. 23. 1801. arms, or such household furniture or apparel as may be accessary for a family, fi.ile of ronl cs- SeC- 12. That if the tax assessed on any real, estate shall remain un- {aie fur taxes. paid on the first day of June next, the tax collector of the district wherein the same is situated shall, on the first Jlonday in July thereafter, proceed to sell the same, or a sufiiciency thereof, at public outcry, to the highest bidder, to pay said taxes, together with twenty per centum on the amount of said taxes and costs of sale, said sale to be at the court- house door of the county or parish wherein said real estate is situated ; and if there shall be more than one county or parish in a district, the said tax collector is authorized to appoint deputies to make such sales in his name as he cannot attend to himself, and for all lands so sold by said <5ccd to purchaser, deputies, the deeds as hereinafter provided for shall be executed by said collector, and such sales so made shall be valid, whether the real estate IVlierc iiroperty so sold shall he assessed in the name of the true owner or not. But in r.:.t divisible, the .j^ii cases wh<;re the property shall not be divisible so as to enable the col- lector by a sale of part thereof to raise the whole amount of the tax, with all costs, charges and commissions, the whole of such property shall be sold, and the surplus of the proceeds of the eale, after satisfying the tax, costs, charges and commissions, shall be paid to the owner of the property, or his legal representatives, or if he or they cannot be found, flnrplus of sales or refuse to receive the same, then such surplus shall be deposited in the (a bo deposite^d ^iu treasury of the Confederate States, to be there held for the use of the 'I'^F "^for^he use of o^*^*^^ O''" ^^'^^ legal representatives, until he or they shall make applica- iht cwner. tion thcrefor to the Secretary of the Treasury, who, upon such applica- tion, shall, by warrant on the treasury, cause the same to be paid to the When the collec- applicant. And if the property off'ered for sale as aforesaid cannot be opcry 'twenty per centum thereto, the collector shall purchase the same in be- half of the Confederate States for the amount aforesaid : Frovidcdj .Fiile not to take That the owner or superintendent of the property aforesaid, before the 4^1 cs It ta.Tes paid ggj^^g shall have been actually sold, shall be allowed to pay the amount iually solT.*^"^ ^ ''^''" "^^^ ^^^^ *^^^ thereon, with an addition of ten per centum on the same, on the payment of which the sale of the said property shall not take place : Provided, also, That the owners, theij^ heirs, executors or administrators, jriipbtofrodcmp- or any person on their behalf, shair have liberty to redeem any lands ti u. and other real property sold as aforesaid, within two years from the time of sale, upon payment to the collector for the use of the purchaser, his heirs or assignees, of the amount paid by such purchaser, with interest for the same at the rate of twenty per centum per annum, and no deed shall be given in pursuance of such sale until the time of redemption Time .allowed shall have expired: Provided, further, That when the owner of any persons in the mili- land, Or Other real property sold for taxes under the provisions of this J!.ry Bervice of ihc ,^^^^ g}^jj]| |^g j,j ^j^^ military service of the Confederate States, before and at the time said sales shall have been made, the said owner shall have\he privilege of redeeming the said property at any time within two Collector to rcD- years after the close of his term of service. And the collector shall render ik.c account of ^ distinct account of the charges incurred in offering and advertising for ai'idTiuy su/iriiis ^^^® ^^^^^ property, and shall pay into the treasury the surplus, if any iuto ireasuiy. there be, of the aforesaid addition of twenty per centum, or ten per centum, as the case ma}' be, after defraying the charges. And in every case of the sale of real estate, which shall be made under the authority of this act for the assessment and collection of direct taxes by the col- lectors or marshals respectively, or their lawful deputies respectively, or All d ed5 tor]jy a,ny other person or persons, the deeds for the estate so sold shall be t^i'cinadeiy the col- P'"'^?^''*^^? made, executed, and proved or acknowledged, at the time and I'rctor of tho dir- times prescribed in this act by the collectors, respectively, within whose PROVISIONAL CONGRESS. Sess. III. Cn. C3. 1861. 181 collection district f^ucli real estate shall be situated, or in cise of their t"i' *• or Ins sncccs- death or removal from office, bj^ their successors, on payment of the pur- ''^''' ^° ^ '"^^" chase money, or producing a receipt therefor, if already paid, in such form of law as shall be authorized and required by tlie hiws of the Con- federate States, or by the law of the State in which such real estate lies, for making, executing, proving and acknowledging deeds of bargain and sale, or other conveyances for the transfer and conveyance of real estate ; and for every deed so prepared, made, executed, proved and acknow- ledged, the purchaser or grantee shall pay to the collector the sum of Fee for the dcctf ; five dollars for the use of the collector, marshal or other person effecting '^*'^'^'^''^'' "*** the sale of the real estate thereby conveyed. The commissions herein- Commiff^ionson after allowed to each collector shall bo in full satisfaction of all services l^ ullowcd coiko- reudcred bv them. The assessors appointed under them shall be entitled ^^^A to tliree dollars lor every day empluyed in making lists and assessments allowed assc-sora. under this act, the number of days being certified by the collector and approved by the chief collector of the State, and also five dollars for every hundred taxable persons contained in the list as completed by him and delivered to the collector : Provided, That when the owner of any When a^scFsorto real estate is unknown, or is a non-resident of the State or tax district ^'•'*'^® ""'' ^"** *'* wherein the same is situated, and has no agent resident in said district, g<.gsineut- the assessor shall himself make out a list of such real estate for assess- ment. Skc. 13. Separate accounts shall be kept at the treasury of all moneys Accounts at {!ia received from each of the respective States, and the chief collector shall trensHry of ail mo- procure from each tax collector such details as to the tax, and shall "*^J,? '^'^,'^'"'1!^' ', .,„ classiiy the same in such manner as the Secretary ot tlie Iroasury shall procure dttaiis of direct, and so as to provide full information as to each subject of tax- the t«s. and clasui- ation. ' fy the sumo. Skc. 14. Each collector shall be charged with an interest of five per Collectors charge- cent, per mouth for all moneys retained in his possession beyond the time "^■•''^ ^'''^ intereti at which he is required to pay over the same by law, or by the regulations ^^ >»oneyb re am- cstablished by the Secretary of the Treasury. Sec. 15. Each collector before entering upon the duties of his office, To give bond, shall give bond in such sum as shall be prescribed by the Secretary of the Treasury, with sufficient sureties, and shall take an oath faithfully Oath, to execute the duties of his office, and that he will support and defend the Constitution of the Confederate States. Sec. 16. Upon receiving the tax due by each person the collector shall Collector to sign sign receipts in duplicate, one whereof shall be delivered to the person '■e<^'-''P's m ^i^Pj'- paying the same, and the other shall be forwarded to the chief collector ,i"ii,p^,sed of." of that State. The money collected during each month or during any Moneys collc forwarded to s;hall be also immediately forwarded to the said chief collector, and by ^"/.''^^''^^'''^''r"'"' T* I ■ 1 T 1 /. 1- I T • ,.111 o ^ disposed of as di- nim be disposed 01 according to the direction oi the Secretary oi the ,,.i.tod by Secretary Treasury ; and the said chief collector shall report the same immedi- of Treasury. ately to the Secretary of the Treasury, and shall furnish him with a list Chiefcol ectorto specifying the names and amounts of each of the receipts which ghall "j."''*'' '"'^P^''' ^'"^"^^ have been forwarded to him as aforesaid by the district collectors. Sec. 17. The taxes assessed on each person shall be a statutory lien Taxes assessed to for one year upon all the property of that per.son, in preference to any be a statutory ikn- other lien, the said lien to take date from the first day of October, to which the valuation has relation, and the lands and other property of Property of ool- any collector shall be bound by statutory lien for five years for all moneys le^ tors bound by received by him for taxes, the date of such lien to commence from the ^'*'"'*""^ .''®j' '"' p , .-^ . . , tiixoB received, time 01 his receiving the money. Sec. 18. The compensation of the tax collectors shall be five per cent. Compensaticn of on the first ten thousand dollars received, and two and a half j-er cent, tax collectora. 132 rROYISIOXAL CONGRESS. Sess. III. Cu. 23. 1861. on all sums beyond that amount uutil the compensation shall reach eight hundred dollars, beyond which no further compensation shall be paid. KcgulatioD." by Sec. 19. The Secretary of the Treasury is authorized to establish i ecretary of T^r^a- j.g2.yi.^|.jfjjja suitable and proper to carry this act into effect, which regu- rurv to Cflrr vtiii^. > xi ♦' / o iictinto clTtfct; and lations shall be binding on all officers ; the said Secretary may also frame ios(ructiu2i3 as to instructions as to all details which shall be obligatory upon all parties dptjuls. embraced within the provisions of this act. He may also correct all Authonzed to . x i .• i . v . • ^i n x- correct ermri? ia '^"'o^s in assessments, Valuations, and tax lists, or m the collection asaessuienti, Ac. thereof, in such form and upon such evidence as the said Secretary may approve. < - . Construefion of Sec. 20. Corporations are intended to be embraced under the word c«rtaiQ words f'nd ^.- pgj.gQ^jj^" ^^^^ j^ ij^j^ ^^^ j^„j whenever the capital stock of any cor- phrascs used in this ^ ^. . , , , , ' . . ,,, , i ■■,■,'' , act. poration is returncci by the corporation itsclt and the tax paid, the stock Capitol stock and in the hands of individuals shall be exempt from tax; and also all the real est.iie ol cor- j-gai estate owned bv the corporation and used for carryinjr on its busi- ness; and the capital stock of all corporations shall be returned, and the tax paid, by the corporations themselves, and not by tjie individual stockholders. The term '' merchandize" is designed to" embrace all goods, wares and merchandize held for sale, except the agricultural pro- ducts of the country. Money at interest, is intended to include the principal sum of all money belonging to any person, other than a bank, upon which interest is paid or to be paid by the debtor, as the same stands on the first day of October. The term " cattle, horses and mules," is intended to include all such animals as are raised for sale, and not such as are raised merel}' for food and work on the plantation or farm Avhere they are held. The term " real estate," is intended to include all lands and estates therein, and all interests grov/ing thereout, including ferries, bridges, mines and the like, and in all cases the actual marketable value of property is to be assessed. ForfciDsorcoun- Sec. 21. If any person shall, at any time during the existence of the rynou"""^^''^'''"'P^'^''^°^^^^^^*^^^^''^" the Confederate" States and the United States, or within one year after the ratification of a treaty of peace between them, falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or. assist in falsely making, forging, or counterfeiting any note in imitation of, or purporting to be a treasuiy note of the Confederate States; or shall falsely alter, or cause or procure to be falsely altered, or willing!}- aid or assist in falsely altering, Uttering or pub- any treasury note of the Confederate States ; or shall pass, utter or pub- '■^■^^^S- lish, or attempt to pass, utter or publish, as true, any false, forged, or counterfeited note purporting to be a treasury note of the Confederate States, knowing the same to be falsely forged or counterfeited ; or shall })ass, utter, or publish, or attempt to pass, utter or publish, as true, any fals^y altered treasury note of the Confederate States, know^ing the same to be falsely altered, or shall conspire, or attempt to conspire, with another, to pass, utter or publish, or attempt to pass, ntter or pub- lish, as true, any falsely forged or counterfeited, or any falsely altered treasury note of the Confederate States, knowing the same to be falsely TenaUv. forged or counterfeited, or falsely altered ; every such person shall bo deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall suffer death. For. If any person shall make or engrave, or cause or procure to Engraving or be made or engraved, or shall have in his custody or possession, any me- having pof»sc6.«ion tallic plate engraved after the similitude of any plate from which any ?[,P^f *'^^;'^f;;^g^ notes or bonds issued as aforesaid, shall have been printed, with intent treasury notes or to use such plate, or cause or sufier the same to be used in forging or bonds, counterfeiting any of the notes or bonds issued as aforesaid ; or shall have in his custody or possession, any blank note or notes, bond or bonds, engraved and printed after the similitude of any note or bond, issued a.s aforesaid, with intent to use such blanks, or cause or suffer the same to be used in forging or countcrfoiting any of the notes or bonds issued as aforesaid, or shall have in his custody or possession any paper adapted to the making of notes or bonds, and similar to the paper upon which any such notes or bonds shall have been issued, with intent to use such paper, or cause or suffer the same to be used, in forging or counterfeiting any of the notes or bonds issued as aforesaid, every such person being Puni^hmenu thereof lawfully convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a term not less than five nor more than ten years, and fined in a sum not exceeding five thousand dollars. Sec. 24. If any State shall, on or before the first day of April next, On payment br pay, in the treasury notes of the Confederate States, or in specie, the *"> S ate of isixcs taxes assessed against the citizens of such State, less ten per centum j^^^ ^jfj^p^g j^,,j{jg_ thereon, it shall be the duty of the Secretary of the Treasury to notify riiy of collectors in the same to the several tax collectors of such Stale, and thereupon their s"^'^» .States to authority and duty under this act shall cease. Skc. 25. If any person shall, at any time after one year from the Penalty for corn- ratification of a treaty of peace between the Confederate States and the "">"^"| '^"y. "•", ^'?'' United States, commit any of the acts described in the twenty-nrst sec- ^1,^ oist scotion tion of this act, such person shall be deemed and adjudged guilty of after one year felony, and beinsr thereof convicted bv due course of law, shall be sen-[r°'" e ratifica- 1 1 • • • 1 11 11,1 ,. • 1 1' i. 1 tion of a treaty of tcnced to be imprisoned and kept at hard labor for a period oi not less p^j^^g between ibe than five years nor more than ten years, and be fined in a sum not c. S. and the U. S. exceeding five thousand dollars. Approved August 19, ISGl. 184 PROVISIONAL CONGRESS. Sess. 11. Cii. 2 4. 1861. August 20, 1861. Chap. XXIV. — An Act to aid the Stnte of Mwnxiri in repelling invanion by the Unlleii i^tute", and to aittliorize tin: admisnion of naid State as a member of the Confederate States of America, and for other purjwnes. Whereas, The people of tlie State of Missouri have been prevented, by the unconstitutional interference of the (jiovernment of the United States, from expressing their will through their legally constituted authorities, in regard to a union with the Confederate States of America, and are now engaged in repelling a lawless invasion of their territory by armed forces ; and, whereas, it is the right and duty of the Confederate States to aid the people and government of the said State in resisting such invasion, and in securing the means and the opportunity of expressing their will upon all questions affecting their rights and liberties : Now, therefore — Aid to tbo State The Congress of the Confechratc States of America do enact, That of Missouri in re- the President of the Confederate States of America be, and he is hereby, P^^''"SJD^asionby j^^^j.jj^-ij.j2gj to co-operate through the military power of this government ' ' with the authorities and the people of the State of Missouri in defend- ing that State against a lawless invasion by the United States, and in maintaining the liberty and independence of her people, and that he be authorized and empowed, at his discretion, to receive and muster into the service of the Confederate States, in the State of Missouri, such troops of that State as may volunteer to serve in the army of the Con- federate States, subject to the rules and regulations of said army, and in accordance with the laws of Congress ; and said troops may be received into service by companies, battalions or regiments, with their officers elected by the troops, and the officers so elected shall be commissioned by the President; and when mustered into service said companies, bat- talions or regiments may be attached to such brigades or divisions as the President may determine ; and the President shall have power to appoint field officers for all battalions and regiments organized out of separate companies mustered into service, and to add to battalions a sufficient number of separate companies to complete their organization into regi- ments, and to appoint the additional field officers necessary for the com- plete organization of the regiments so formed ; and all vacancies that may occur amongst the commissioned officers, of troops mustered into service under this act, shall be filled in the manner provided in the act entitled "An act for the establishment and organization of the army of the Confederate States of America/' approved sixth March, eighteen hundred and sixty-one. Admission of Sec. 2. That the State of Missouri shall be admitted a member of -Alissouriasamem- tbe Confederate States of America, upon an equal footing with the other IratlVtites^''''^'"^" ^^^^^t*^'^' ^"^^^^ ^^^^ Constitution for the Provisional Government of the same, upon the condition that the said Constitution for the Provisional Government of the Confederate States shall be adopted and ratified by the properly and legally constituted authorities of said State, and the Governor of said State shall transmit to the President of the Confede- rate States an authentic copy of the proceedings touching said adoption and ratification by said State of said Provisional Constitution ; upon the receipt whereof, the President, by proclamation, shall announce the fact; whereupon, and without any further proceedings upon the part of Con- gress, the admission of said State of Missouri into this Confederacy, under said Constitution for the IVovisional Government of the Confede- rate States, shall be considered as complete ; and the laws of this Con- federacy shall be thereby extended over said State of Missouri as fully and completely as over other States now composing the same. Jhf'govfrnmeut of ^^c. 3. That the Congress of the Confederate States recognize the Mis3ourL government of which Claiborne F. Jackson is the chief magistrate, to PROVISIONAL CONGRESS. Sess. III. Ch. 25, 26. 1861. 18o be the legally elected and regularly constituted government of the people and State of Missouri ; and that the President of the Confederate States be, and he is hereby, empowered, at his discretion, at any time prior to the admission of the said State as a member of this Confederacy, to perfect and proclaim an alliance, offensive and defensive, with the said government, limited to the period of the existing war between this Confederacy and the United States ; the said treaty or alliance to be iu i force from the date thereof, and until the same shall be disaffirmed or rejected by this Congress. Approved August 20, 1861. Chap. XXV. — An Act to empower the Prcsid^ni of the Confederate States to ajypoint August 20, ISfil . additional commissioners to forcijn nations. - The Coiif/rcss of the Con/edrrafe States of Amcn'ea do enact, That President to lic- the President of the Confederate States be, and he is hereby, empowered tenuinc to what to determine and designate to what nations the commissioners of the : nussioncrs now in Confederate States, now in Europe, shall be accredited, either separat-ely Europe shall be or unitedly ; and to prescribe the duties he may think proper to assign accredited, to each of them. Sec. 2. And he it further enacted. That the President be, and he is To appoint two hereby, empowered to appoint two other commissioners to represent the °'^" "^1'"''"^^'°"" Confederate States, either separately or unitedly, to such foreign nations tions. as he may deem expedient. Sec. 3. And he it further enacted. That the additional commissioners Pay'«'"" establishment and support of military hospitals, during the current '"JV"^ isth Feb., fiscal year ending February eighteenth, eighteen hundred and sixty-two. ^ Approved August 21, 1801. ('HAP. XXXIir.— .4f. Act supplcmr-ntnl to "An act t, put in operation the gorcrnment, AuiruM •>! IRfil wider the pcrmanatt CouMHution of the Confcdcrale States of America." Ihe Con- Sec. 2. That the President be, aud he is hereby, authorized to ap- ri7.cd to appoint pQjjjf^ i,j addition to the storekeepers authorized by the fifth section of keepers of orii- ^^'^ '^^■*- ^^ -^^'^J s'xtcen, eighteen hundred and sixty-one, "for the estab- nancc. lishuient and organization of the army of the Confederate States," as Their pay and many military storekeepers of ordnance, with the pay and allowance of allowances. ^ captain of infantry, as the safe keeping of the public property may 16 cV20 p 115*^ ^^1"^^^' "'^^ ^"^ exceed in all four storekeepers, who shall, previous to Bond. entering on duty, give bonds with good and sufficient security, in such sums as the Secretary of War may direct, fully to account for all moneys and public property, which they may receive. Superintendents Sec. 3. That the President be, and he is hereby, authorized, when- of armories, salary ever, in his judgment, the interests of the service may require, and where an a o«ancej. officers of the army cannot be assigned to these duties, to appoint one or more superintendents of armories for the fabrication of small arms, whose salary shall not exceed two thousand five hundred dollars per annum, with allowance for quarters and fuel at the rate fixed for a major in the army. And that the President be also authorized to appoint two Master armorer's *^^ ^^'^^'*^ master armorers, with a salary not to exceed fifteen hundred salary and allow- dollars per annum, with allowance of quarters and fuel at the rate fixed a"^^-^- for a captain in the army. Aids de-camp for Sec. 4. That during the existing war, the President may, as com- P resident's per- mander-in-chief of the forces, appoint, at his discretion, for his personal rank, pay and ^al- '^*'^^' ^^*^ aides-de-camp, with the rank, pay and allowances of a colonel lowanccs. of cavalry. Additional per- Sec. 5. That hereafter, there shall bc allowed One additional sergeant geant allowed each to each company in the service of the Confederate States, making in all, ompany. g^^^ sergeants per company, who shall receive the same pay and allowances as are provided by existing laws for that grade. Approved August 21, 1861. August x2, 1861. Chap. XXXV. — An Act making appropriations to carry i)ito effect section two of an act ApflSfil \r 91 approved May twenty-first, eighteen hundred and sixty-one, entitled " An act to define eh i' Tf ' with more certainty the meaninij of an act entitled 'An act to fir the duties on articles ''■ ■ therein named,' ■' approved 31 arch fifteenth, eighteen hundred and sixty-one. AppropriatLon The Congress of the Confederate States of America do enact, That, Alaba''ina°a^n*d'^^^ *^^^ purpose of carrying into effect the second section of an act I'lo rid a railroad ^^ppi'oved May twenty-first, eighteen hundred and sixty-one, entitled comp'iny, bei n g " An act to define with more certainty the meaning of an act entitled on^rlil"rrad"'ot''*'^ ' ^^" ^^^ *^ ^^ *^^^ ^"*^'^^ ^" articles therein named,' " approved March fifteenth, eighteen hundred and sixty-one, the sum of two thousand three hundred and seventy-nine dollars and eighty cents be, and the same PROVISIONAL CONGRESS. Sess. II. Ch. 56, 37. 1861. 189 is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to be paid to Charles T. Pollard, President of the Alabama find Florida railroad company, being the difference between fifteen and twenty-four per cent, duty on railroad iron of the value of twenty-six thousand four hundred and forty-two dollars and twenty-six cents, with- drawn from warehouse at Pensacola, Florida, iu the mouth of April, eighteen hundred and sixty-one. Approved August 22, 1861. Chap. XXXVI. — An Art to anthon'zc the Poslmntler Gcnernl to contrnct for the carriage August 22, 1861. uli railroad, Georgia, to th • commonly called Groover's Station, in the State of Georgia, to the town t«wn ofMimticello, of ]\lonticello, in the State of Florida. '° Florida. Skc. 2. And be if further enacted, That the Postmaster General be, Contract for car- and he is hereby, authorized to make the first contract for carrying <>f s^lj^ou^'"^' °^"" the mail over said route, without the necessity of advertising for bids for said contract as required by existing law ; and that tliis act do take effect and be in force, from and after its pas.sage : Provided, however, Proviso. That nothing in this act contained, shall be so construed as to require the Postmaster ("Jeneral to put the mail upon said route, unless in his opinion the public interest demand it. Approved August 22, 1861. CnAP. XXXVIT. — An Act to eetnhh'iih a uniform rule of naturalization for pcmong en- August 22, 1861. listed in the armies of the Confederate Statts of America. The Congress of the Confederate States of America do enact, That Rights of cit'- overy person not a citizen of one of the Confederate States engaged i" pt^sons'^^rl"' ^arc the military service of the said Confederate States during the existing no t citizcnti, en- war against the United States of America, shall thereby, and whilst in gaged in the miii- such service, be under the protection of the Confederate States as fully j^J^j.^^^^^^^gj^^^^jj*' as if he were a citizen thereof, the rights of a citizen being to such extent hereby conferred, and moreover shall have the right to become M;y ^ccoi enat- naturalized and to become a citizen of any one of the Confederate States, c^,njo citizens of and shall thereby be entitled to all the rights and privileges of a citizen any one of ibeCon- of said State of the Confederate States upon taking an oath to support '^^'Jf'"'-" ^^a'^^*- the Constitution of such State, and well and faithfully to serve the Con- federate States of America, to maintain and support the Constitution and laws thereof, and to renounce all allegiance and obedience to any foreign government, state, sovereignty, piinco or potentate, and particularly by name the government, state, sovereignty, prince or potentate of which AVherc the State he may be, or have been, a citizen or subject, and stating -prhich '" ^'^'^'' *•'* «•??''- i' .\ t\ f •, i Oi i 1 • i J J. 1 -i- r I 4. -ft'ant la.st resided one ot the Coutederate States he intends to become a citizen ot ; but it becomes on- of the the State in which the said applicant shall have resided next before his C. S., Lis eitzen- application shall afterwards become a member of this Confederacy, the -'^'P '° remain in citizenship of said applicant shall remain in said State at his election, ^jg^jj^j^** ^ * '* notwithstanding proceedings under this act. Sec. 2. The oath prescribed in the preceding .section may be made by Before irbom the all persons below the rank of colonel, before the colonel or commanding ♦"^^'^ '» t>o takeu. officer of the regiment to which such persons may be attachetl. 190 PROVISIONAL CONGRESS. Sess. II. Ch. 38. 1861. and said oath may be made by colonels, and all officers superior in rank to colonels, and by all persons enlisted in the military service of the Con- federate States not attached to regiments, before any commissioned officer Secretary of War of the Confederate States of rank higher than that of colonel. And it fo°rnfs'of'tho ^oalh^ ^^=''^ ^® t^^<^ ^"^^ ^^ ^^^ Secretary of War to provide blank forms of the and distribute oath required to be taken as aforesaid, and to cause the same to be dis- fftmc. tributed whenever necessary, and to make the regulations necessary for To inform pori-ons j^j^l_^j,j^jj^ all persons now engaced in the military service of the Con- in the unlitary ser- ^, ^ ,. ■, • ■ o i • t vice ot this act. lederate States oi the provisions oi this act, and to cause all the oaths Depar ' where the capital may be situated, all the oaths so returned to the War Department as aforesaid. And it shall be the duty of the clerk of said Clerk of distnet fjjgi-j.jg^ court to rccord all oaths of naturalization filed with him as aiore- oatbsa,Ddiiulexthe ^^i<^) ^^'^ ^^ keep an index of the same; for which service he shall be panie. entitled to a fee of twenty-five cents for each naturalization oath, to be Clerk 3 fee. p^^j^j ^yj^ ^f ^}^q public treasury in the same manner as his other fees of office. ArpROVED August 22, 1861 August 24, 1861. Chap. XXXVIII. — An Act mnkivg appropriations fur t7ie expenses of Oovervment in the ■ i'^fji tutive, Emecutiiie and Judicial Departments, for the year ending eighteenth of Feb- ruary, eighteen hundred and sixty-tuo. Appropriatic^ns fj^g Congress of the Ccvfi derate States of America do enact, That thoRo^enlment for *^^^ following pums be, and the same are hereby, ap])ropriated, out of any the year eiuiing mouey in the treasury not olheiwise appropriated, for the objects hereafter Tcbruary 18, ihCL'. expressed, for the year ending the eighteenth of February, eighteen hun- dred and sixty-two : . > > Lcgitiiatire. LEGISLATIVE. — For compensation and mileage of members of Congress, forty-five thousand dolhus. Executive. EXECUTIVE. — For contingent and telegraphic expenses of the Executive office, two thousand five hundred dollars. D e p a rtment of DEPARTMENT OF JUSTICE. — P'or incidental and contingent expenses, in. Jnsticc. eluding printing and advertising the laws, two thousand five hundred dol- lars. For salary of the law clerk of the Department of Justice, eight hun- dred and seventy-five doUars. For sahiry of superintendent of public printing, and clerk and messen- ger in his office, three tliousand dollars. For purcliase of paper for the printing of Congress and the Executive Departments, under the fourth section of the act of May fourteenth, eigliteen hundred and sixty-one, seven thousand dollars. Treasury De- Theasury Depar'imem. — For one chief clerk to aid the first auditor in p:;rtmcnt. auditing the accounts of the Post-office Department, at two thousand dol- lars per annum, per act ajipioved May sixteenth, eighteen hundred and sixty-one, the sum of one thousand five hundred and thirteen dollars and ninety seven cents. P'or fifteen clerks, at twelve hundred dollars each, the sum of thirteen (housand six hundred and twenty -five dollars and eighty-two cents. For fourteen clerks, at one tbousand dollars each, the sum of ten thou- sand five hundred and ninety-seven dollars and eighty-five cents. For one messenger, at five hundred dollars per annum, the sum of three hundred and seventy-eight dollars and forty-nine cents. PR.OVISIONAL CONGRESS. Sess. III. Cn. 39, 40. 1861. 191 For one chief clerk for second auditor's office, at fourteen hundred dol- lars per annum, per act approved May twenty-first, eighteen hundred and sixty-one, the sura of one thousand and forty-four dollars and thirty-nine cents. For five clerks, per same act, at twelve hundred dollars each, the sum of four thousand four hundred and seventy-six dollars. For five clerks, per same act, at one thousand dollars each, the sum of three thousand seven hundred and thirty dollars. Ji'DiciARV. — For salaries of judges and district attorneys of theConfed- Judiciary, crate States, and incidental and contingent expenses of courts, twcnty-lwo thousand dollars. ]*rni.TC Debt. — For interest on the public debt, two hundred and fifty Public debt, thousand dollars. ArrnovED August 24, ISOl. Chap. XXXIX. — An Act making apprnpHntinnn to cnrr;/ into cjTrct, "An net to an- August 21, ISC I. lliorizc the issue of trcasurt/ notts, and to i>rovidc a war tux f-ir iktir rcdemp'ion," ind /or other intrjwiitg. The Congress of the Confederate States of America Jo enact, That Ppenific nppro- the following sums, be, and the same are hereby, appropriated, out P""'*"*^"^' of any money in the treasury not otherwise appropriated, to carry into~ eiFect " An act to authorize the issue of treasury notes, and to provide a war tax for their redemption," for the year ending the eighteenth of February, eighteen hundred and sixty-two : For one chief clerk, fifteen hundred dollars ; for two clerks, twelve hundred dollars cuch, twenty-four hundred dollars; for two clerks, at one thousand dol- lars each, two thousand dollars; for five additional clerks, if found necessary by the Secretary of the Treasury, at one thousand dollars each, five thousand dollars; for printing forms and advertising, teu thousand dollars ; for paper for bonds, and for engraving and printing treasury notes and bonds, one hundred and thirty-seven thousand dollars. Approved August 24, 1861. Chap. XL. — An Act to authorize the ixsue of inscribed stock in the ttcad of Coupon August 24, 1861. Bonds. ■ The Congress of the Confederate States of Atnerica do enact, That Certificates of in - in all cases where bonds are authorized to be issued under the acts of scribed stock injkv Oongress, to raise money for the use of the Confederato States, the Joupon'^v,J"ds*'" * Secretary of the Treasury, at the request of the party interested, may cause to be issued, instead of bonds, certificates of inscribed stock, payable to order, transferable at the treasury for the same amount of principal, at the same rate of interest, and payable at the same dates as are prescribed for the bonds. Skc. 2. And he it further enacted, That if any person shall falsely Forging or coun- make, forge or counterfeit, or cause, or procure to be falsely made, *<^'''"^'}"g "^ said forged or counterfeited, or willingly aid or assist in falsely making, or^*""^ ncatcs. forging, or counterfeiting any certificate of stock, in imitation of, or purporting to be, a certificate of stock, issued in accordance with the provisions of any acts of Congress, authorizing the issue of any certifi- cate of stock, or sliall pass, utter or publish, or attempt to pass, utter or 192 PROVISIONAL CONGRESS. Sess. III. Cn. 41. 1861. Uttering and publish, as true, any false, forged or counterfeited cextificatc of stock, )iu'ulisliing. purporting to be a certificate of stock as aforesaid, knowing the same to be falsely made, forged, or counterfeited, or shall falsely alter, or cause or procure to be falsely altered, or willingly aid, or assist in falsely altering any certificate of stock, issued as aforesaid, or shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any falsely altered certificate of stock, issued as aforesaid, knowing the same to be Punistimont. falsely altered, every such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall be sentenced to be imprisoned aud kept at labor for a period of not less than three years, nor more than too years, and be fined in a sum not exceeding five thousand dollars. Approved August 24, ISGl. Aivust 24, ISfil. Chap. XLI. — An Act to ettablinh Astriy Oj)icc$ at Charlofe and Bahloncja. Assaycrs at The Com/ress of the Confederate States of America do enarct, That I'hariotteamlDah- ^]jg President be, and he is hereby, authorized to appoint an assayer at ii^4.° ' Charlotte, North Carolinia, and another at Dahlonega, in the State of Georgia, whose duty it shall be to assay and ceilify the fineness and value of such gold and silver as may be submitted to them rnsj)ectively to be assayed. Hond. Skc. 2. The said assayers shall, respectively, execute a bond to the Confederate States, with sufiicient sureties, in such sum as may be ap- proved by the Secretary of the Treasury, to discharge the duties of his Oath. office, and shall take oath to discharge the said duties and to support To have cliargo the Constitution of the Confederate States; whereupon the Secretary of "' *, V ^"'''^'"S^' the Treasury shall place in his charge, and subiect to his use, the build- used for the Uiiat, . j .- .1 • . i ^i, i. i j • 1 i. i xi p „ ings used tor the mint, and the tools and implements used therein. To take care of Sec. 3. It shall be the duty of the said assayer to take proper care of iMuldings, grounds ^]^q gj^j^j buildings, grounds, and property, keep the same in good repair, and to restore the same to the Confederate States in like condition in Term of offitie. which they were received ; he shall hold his oflTice for two years, and shall employ under him, at such rates as he may agree upon, such workmen and inferior officers as he may see fit. Workmen and Si;c. 4. The whole expense of the establishment shall be defrayed by inferior officers. the assayer; and, in order to defray the same, and to receive a reasona- e laying ex- j^j^ compensation for his services, he shall be entitled to retain from all penses of the es- ' 1 • 1 1 ■ ,. 1 • 1 t:iblishment. metals or ore submitted to him for assay, such seignorage or charge as Salary of as- will enable him to receive an annual salary not exceeding two thousand '^^y^'- dollars. Report of his Sec. 5. The said assayers shall, from time to time, as required by the |.r.>CLedin£s. Secretary of the Treasury, make an accurate report of all proceedings at their offices, in such form as may be required by the said Secretary; -Assayers and and they and their officers shall, at all times, be subject to such orders tlicir oinoors sub- nu^ regulations as the Secretary (jf the Treasury mav, from time to time, jsot to orders of 1 t , •/ ^ .-..retary of Trea- ^^''^^^^ or direct. *'"■:■■• Approved August 24, 1861. PROVISIONAL CONGRESS. Sess. III. Ch. 42, 43. 1861. 193 Chap. XLII. — An Act making additional appropriations for the y^avy of ilic Confede- Augiiat2i, ''■'^1. rate States, for the year eliding February eighteenth, eighteen hundred and $ij:ty-tico. ■ The Congress of the Confederate States of America do enact. That specific appro- there be appropriateil, out of any money in the Treasury, not otherwise P'"':!'''*"' f^r '^^ appropriated, for the year ending February eighteenth, eighteen hundred ^^^-^ ^"' fIo'^ l/ and six-two, the following sums for the Navy : isci. For the purchase and building of steamers and gun-boats for coast defences of the Confederate States, the sum of tifly thousand dollars. For repairing and litting the steamer Merrimac as an iron-clad ship, the sum of one hundred and seventy-two thousand live hundred and Twenty- three dollars. For raising the ships-of-tlie-Iine Columbus, Delaware, Pennsylvania and brig Dolphin, the sum of twenty-five thousand dollais. For pay, subsistence, and other wants of five hundred additional seamen, ordinary seamen, landsmen and boys, and fiiemen and coal heavers, the sum of ninety thousand dollars. For medical supplies and surgeon's necessaries, thc^umof four thou=;and dollars. To pay employees at the Navy Yard, Norfolk, Virginia, from the first day of July, eighteen hundred and sixty-one, to the eigliteenth of February, eighteen hundred and sixty-two, the sum of six tliousand seven hun ired dollars. For floating defences for New Orleans, Louisiana, eight liundred t'.ousand dollai's. To construct sub-marine batteries for the destruction of vessels, fifty thousand doU.irs, To construct a centrifugal gun, invented by Charles S. Dickinson, subject to the conditions of the Act passed for that purpose, five thousand dollars. For expenditures in the Ordnance Department of the Navy Yard at Norfolk, for the year ending February eighteenth, eighteen hundred and sixty-two, one hundred and fifteen thousand and fifty-one dollars. For the construction, equipment, and armament of two iron-clad gun- boats, for the defence of the Mississippi river and the city of Memphis, one hundred and sixty thousand dollars. " Approved August 24, 18G1. Chap. XLIII. — An Act to rrpenl the fourth section of " An act to ref/ulatc Foreign An". 24, ISCI. Coins in the Confederate «SVs a weight tliau five pennyweights and three grains, and of the fineness of (915 1-2) nine hundred aiui fii'teen and one-half thousandths, shall be deenied equal to four dollars and eigiity- tive cents ; the Napoleon, of the weight of not less than (-tdwt. and '6 1-2 grains) four peimyweights, tliree grains and one-half, and of a fineness of •not less than (899) eight hundred and ninety-nine thousandth.^ suill bo deemed equal to three dollars and eighty-five cents; the Spani.'-h and Mexican Doubloons, of no less a weight than (17 dwt, 8 1-2 grs.) seventeen 13 194 PKOVISIONAL CONGRESS. Sess. III. Ch. 44,45,46. 1861. pennyweiirlits, eight grains and one-half, and of the fineness of not less than (809) eight hundred and ninety-nine thousandths, shall be deemed equal to fifteen dollars and sixty cents. ApprJOVKu August 24, 1861. Aij^. 29, IPiuJ. Chat. XLIV. — An Act amendatory of " Ati art to jrrescrihc tlie rates of poatnge in the Confederate States of America," approved Febriiary ttcenty-tliird, eighteen hundred and sixty- one. ActcfiBDi,r>ii. TJic Covgress of the Confederate States of America do enact, That £3, ch 13, iffload- .^|j ,^^^^i].j]j]^3 rafter addressed to officers of the several State governments, ' , , . r-t'">i' the payment of the postage on which the said governments are res- T.;,- *f''T'n*o t'^^'c - ponsible, in the adjustment of the accounts of the parties mailing the same, q-.u>3d on vn d,i! may be transmitted through the mails without the pre-payment of postage mf.^r *Jt''"^''>t'ci thereon : Provided, That the person mailing the same shall endorse thereon ^^ Viliul'^^^ ^" liis official title and the nature of the matter mailed ; and the postage thereon shall be collected of the said governments at the office of delivery. I. an j,.j:. Cn..VP. XLY. — An Act raahing further npprn^iations for the service of the Poat-Offi.ce "' " ' '.__^ Di part mc lit during the year ending the eighteenth February, eighteen hundred and six'y-tu'o. Appropi-iation ir The Congress of the Confederate States of America do enact, That ceding' I'cb 18, the year ending the eighteenth February, eighteen hundred and &ixty-twOo Approvkd August 29, 1861. Au^. 29, l?'j}. Chap. XLVI. — An Ait to amend an act cntiUed " An net to create the clerical force of ^ . ,_ T^'f^f^i '^"^ several Departments of the Confederate States of America and for other purposes," ^ ,^"«„ * i'", " ap-proved March seventh, eiqhteen hundred and sixty-one. V,cL. 30, amended. ^^ ' -^ " C.?rieal forc> of j'^^. Congress of the Confederate States of America do enact. That I^U'*l'.fL?^!'?i'"^'the clerical force of the War Department shall be increased to the e.xtent iHL-at in 0) cased, , • i p ^^ • • and in the manner lollowmg, to-wit : For iho offio'> of For the Office of the Seche'iaky of War. — One cleric, at the rate of tlie Bdi-ai'.ry o f ^^^.^ thousand dollars per annum ; for the payment of whom, from eighteenth of August, eighteen hundred and sixty-one, to tlie eighteenth of February, eighteen hundred and sixty-two, there is hereby appropriated the sum of one thousand dollars. Gi£'e of /\.^j'j- For the (Jffice of the Adjutant General. — One clerk at the rate of ta-.t acnore} twelve hundred dollars per annum; ojie clerk at the rate of one thousand dollars per annum ; one clerk at the rate of eight hundred dollars per annum*; for whose payment, fi-om eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty- tv,'o, there is hereby appropiiated the sum of fifteen hundred dollars. €:>x^ofvt-,:. jTqjj -njg Qffice OF THE Quartermaster General three additional Bxsuer Uoricrij, clerks at twelve hundred dollxre each per annum ; three additional clerks at one thousand dollars 'eacii per annum ; for whose payment, from PROVISIONAL CONGRESS. Sess. III. Ch. 47,48,49. 1861. 195 eigliteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is herehy appropriated the sura of three tliousand and three hundred dolhirs. For the Offick of the Commissary General, for two clerks at the Office of Com - rate of twelve hundred dollars each per annum ; for whose payment, from ^"^^ i-nera . eighteenth of August, eighteen hundred and sixty-one, to the eighteenth of February, eighteen hundred and sixty-two, there is Iiereby appropriated the sum of twelve hundred dollars. For tub Bukeait of Engineers. — One cleric at twelve hundred dollars; Bureau of Engi- one clerk at one thousand dollars ; one draughtsman at twelve hundred °°®"' dollars; for whose payment, from the eighteenth of August, eighteen hundred and sixty-one, to tlie eighteenth of Febi'uary, eighteen hundred and sixty-two, there is hereby appropriated the suna of seventeen hundred dollars. Approved Auirust 29, 18G1. Chap. XLVII. — An Act to aiithor{::e the construction of certain fjun-boats. Aug. 29, 16&1. The Congress of the Confederate, States of America do enact, That Additional gun- in addition to the gun-boats heretofore authorized by law, the President ^''^^ j" ^^ **"°' be, and he is hereby, authorized, in his discretion, to cause to be constructed three others, specially adapted to sea coast defence. Sec. 2. That the sura of four hundred and twenty thousand dollars be, Appropriation and the same is hereby, appropriated to the object specified in the fore- *"^" •going section. ^ Approved August 29, 1861. Chap. XLVIII. — An Act to Jix the fees and costi in AJviiraliij casi-H. Aug. 29, 18C1. The Congress of the Confederate States of America do enact, That Fees in admiral - for all services rendered bv clerks, marshals, and district attornevs in '^ ^^^^ *■<» clerks, admiralty cases m the Confederate Court.s, and tor which no coinpon.sation trjct auoruovu. i-^ now fixed by law, there shall be paid to said officers, and allowed to them in tiie settlement of their accounts, the same costs and fees as were allowed •jnder the laws of the United States in like cases, which were in force on the eighteenth February, eighteen hundred and sixty-one. • Approved August 29, 1861. OilAP. XLIX. — ^1)1 Act to nuthnrise the Secretary of the Nary to make certain contracts Au"'. 29 1861 icithuut advertising for proposals. ' The Congress of the Confederate States of America do enact, That Secretary of Xar 7 ♦he Secretiiry of the Navy be, and he is hereby, authorized, in case he Sin^orgu !,'' should deem it advisable, to contract for building any gun-boats for which boat , .(o., without appropriations have been, or may be, made during the present or any ^^ <**«»■ t' sing fo? previous session of Congress, or for altering other vessels so as to convert ^'^°*"^'*^''"' them into gun-boats, without advertising for proposals for such work, as roquired by law : Provided, 'I'h.it the contracts so made shall be in writing, Proviso. a'l 1 shall ho placed on file in the Navy Department, and a copy thereof deposited, without delay, in the office of the controller of the Treasury. Approved August 29, 1861. 196 PROVISIONAL CONGRESS. Sess. III. Ch. 50, 51, 52. 1861. August 30, 186]. Chap. L. — An Act tnakinj ctj^pmiiriation for the purchase of a steamer and certain lailitary snjipHes. Appropriation f/ig Congress of the Confederate States of America do enact, That for the purchase of- ^ ^^ ^^^ miUiou V dollars be, and the same is hereby, a steamer ana . .' . •'' military supplies, appropriated, out 01 any money in the treasury not otherwise appro- priated, for the purchase of a steamer, and such supplies of leather, shoes, flannel and woolen clothing and blankets for the use of the troops in the service of the Confederate States — the said appropriation to be expended under the direction of the President. Approved AuG;ust 30, 1861. Auriii07iers. Whereas, The Government of the United States has placed in irons and lodged in dungeons, citizens of the Confederate States acting under the authority of Letters of Marque, issued in accordance with . the laws of the Confederate States, by the President thereof, and have otherwise maltreated the same, and have seized and confined sundry other citizens of the said Confederate States, in violation of all principles of humane and civilized warfare ; Therefore, J3e it enacted hy the Congress of tlie Confederate States of America, Retaliation o n That the President be, and he is hereby, authorized to select such the persona of pn-pj.jgQfjgrs taken from the United States, and in such numbers as he mixTj deem expedient, upon the persons of whom he may inflict such retalia- tion, in such measure and kind, as may seem to him just and proper. Approved, August 30, 1801. August 30, 1861. Chap. LVI. — An Act to provide for the defence of the Mississippi River. Floating (lefencea Ihe Congress of the Confederate States of America do enact, Tliat river.^ ississippi jj^g President be, and he is hereby, authorized to cause such floating de- fences, as he may deem best adapted to the protection of the Mississippi i-iver, against a descent of iron plated steam gun-boats, to be constructed or prepared with the least possible delay. Approved August 30, 1861. PROVISIONAL CONGRESS. Sess. III. Ch. oT, 58, 59. 1S6I. 193 Chap. LVII. — An Ah to amend an act entitled "^« ort to cKtahfixh n Patent Ojffice, Auicusi 30, 1881. and to provide for the granting and ixixie of pntenin fur ne^r and ni'/ul dincorerice, ^ inventiont, improvements and denignu," approved May 21, IStil. Actof tool, VI y r. 1, ch 46, :iiri.3; 4- The Congress of the Confederate States of Atnerica do enact, That th*? A?s!?fat t »x;m- commissioner of^ patents, with the approval of tlie Attorney General, shall '^oar^ of pa»o'.»3 have power to appoint, in addition to the examiners of patents, provided "^''^ * .-»rpf'»»'''^ • by the second section of the abov<} recited act, svich assistant examiners at a salary of fifteen liundred dollars per annum, as maybe required to trans- ^'- '•'>*'y- act the current business of the patent office 'vith dispatch. Sec. 2. Aiid be it further enacted, That the commissioner, with lilc^ T,To,! »?{■'»- ■ivith whom he is obliged to correspond or to whom drawings and other j^^^j ^,,j^^,j,_ ' ""' papers have to bejx'.tiirned for alteration or correction, to deposit a suffi- cient sum of monev to pay the postage : Provided^ That in no single case *ihall the deposit so recpiired exceed two dollars. Apj-aovED August 30, 1801. Chap. LVIII. — An A<:t to pror.!d^ a mcdr o/ authcntieating rJnimi/or hwk^i/ ogainetthf .^u2u;t30 1861. VvPj'edcrate States, not otherwise provided for. . ' The Congress of the Confederate^ States of America do enact. That r;i;.ir.i3 f«.r mo- all parties having claims for money against the Government of the Con- "/> -''i^ii':*?^ ;^o j'- federate States, for the proof and payment of which there is no mode ^^^^1'°^, ^j- ]'^*tf)'^noy provided by existing laws, before? receiving payment of the same, shall file (}.3nor:il. tliem in the office of the Attorney General ; and shall produce, before Proof, said officer, at such time, and in .such manner as lie shall appoint, their testiniou}- proving, or tending to prove, such claims. And, at the next Report thorr'f.n succeeding session of Congress after the hearing of proof, or at any session ^7 Aturnoy Uon'3- of Congress during whicJi a hearing of proof upon any claim is had by"' ''"^ ' *'^o"'^'' tlie Attorney General, he shall report to the Congress such claims as he has allowed and recommend their payment, and he shall also report such claims as lie has refused to allow. Si:c. 2. Be it farther enacted, That all citizens of the Confed-erate ^A-.-'^af ^f citi- States holdino- demands aijainst the Government of the United States, '■'^"^ "^J .V*' ir" '^' may nle tlie same hi tlie orrice ot tiie Attorney (leueral ; and tlie Attorney ^j^y 50 fiua in r».o General shall hear proof of such claims, and cause such proof to be taken cfScc (f the A toe- down in writing and filed in his office; or lie may, in his discretion, per- ^®Y, *^*'""-"- niit written testimony, taken by deposition, or in answer to interrogatories filed, to be placed on file in his office, as evidence of such claims. But 'Vh.m Attornty he shall not pass upon the sufficiency of such evidence, nor make a report ^*'"" '• ^° ?h«is to Congj-css upon sucia claims, uiitil the close ot tlte existing war. ^uc^ ct-iim?. AiTKOVEt* August 30, 1861. Chap. LIX. — An Act to collect, for distribution, the monei/i remmniiig in the several Poft Atigutf ."^O, !.'*fll. 'OjTiecs of the Confederate States at the tisie the pottal service teas tak'K in charge by ««<"(< Government. The Congress of the Confederate States of A nur tea do enact. That ro'trn:t«f. r O. n- jt shall be the duty of the Postmaster General to collect all moneys due*'''-' ^"^ cai ct 00- 200 PROVISIONAL CONGRESS. Sess. III. Ch. 60. 1861. )i\v3 due fromfroin the several postmasters within the Confederate States, and which 1« 'ituiMters at tlie(.j^^^, bad not paid over at the time the Confederate States took the charge t.vne tae C. S. took ,. - i . , . , ^ ^ , , . , » cLri^e of postal o: the postal service, and the several postmasters are hereby required to scuioe. account to tlie General Post-Office of this Government under the same rules, re^'ulatiiis and penalties that were prescribed by the law under which said moneys were received. II -V to be a')- Sec. 2. The moneys so received shall be kept separate and distinct from 1 :.'^;Uted. the Other funds of the Post-Office Department, and shall constitute a fund for the pro rata payment of claims for postal service which accrued before the Postmaster General took charge of the postal service in the States respectively comprising this Confederacy, as may hereafter be provided. Td make procla- Sec. 3. It shall be the duty of the Postmaster General to make procla- ir lion to citizens ,i; a tion that all persons who are citizens of the Confederate States of iri-e rendered pos- '^^'"'^'''^''''' ^^'^ ^^'^'^ '"^J ^1^^'G rendered postal service in any of the States til service under of this Confederacy, under contracts or appointments made by the United t'-o U. S. Govern- States Government before the Confederate States Government took charge ru -n to present ^j- g^^j^.j^ service, shall present their claims to his department, verified and fi i, io., to his established according to such rules as he shall prescribe, by a time tlierein dcj.artmoiit. to be set forth not less than six months, and requiring tJie claimant to 0- ih of cliiiiuant. state, under oath, how much has been and the date of sucli payments, on account of the contract or appointment under which said claim occurred, and what fund or provision has been set apart or made for the furthei' payment of the whole or any portion of the balance of such claim, by the Government of the United States, or of any of the States; and they shall also state, on oath, whether tliey performed fully the service according to their contracts or appointments during the time for which they claim pay, and if not, what partial service they did perform, and what deductions liave been made from their pay, so fav as they know, on account of any failure, or partial failure, to perform such service; and the Postiriaster General sliall, as soon as he shall have collected such moneys from said postmasters, and ascertained the amount of claims against the Post-Office Department and the amount received respectively by the claimants as ^^ aforesaid, and the provisions, if any, for future payment, make a report of by the Postiuast-r ^^^^ $:vne, so that future action may be taken thereon as respects the dis- OeQ.eral. trlbutiou. Claims, when Sec. 4. All claims for postal service required to be presented by tliis ^-"''■'-' ^* bill shall be barred as against this fund, unless presented within six months after the proclamation of the Postmaster General shall have been made. Appuoved August 30, 1861. August 30, 18GJ. Cuap. LX. — An Act io rerpn're the receipt hy the Pogtmnstcm of the Confederate States ■ of Treasury Notex, in sums of fj:c dollara and i.pwayds, in pa^nunt uf poita'je stamps or a'amped envelopes. Treasury notoi? The Congress of the Confederate States nf America do enact, That Dar''^. ^Tf ''^'^■t. *° ■'^'^ ^'^'^'^ ^° ^'"' l^c>^t"i aster General shall procure postage stamps and s^iLapj and blimp- •'^tamped envelopes, that the postmasters throughout the Confederafe States cd vuyelopes. be required to reccivG the Treasury notes of the Confederate States at par, for said stamps and stamped envelopes, in all cases where the amount of stamps or stamped envelopes applied for shall be five dollars or other sums for which the Confederate Ti'easury notes are issued. Ealorsement by Sec. 2. Be it further enacted, That the endorsement by a member of ra^m^jr of Cou- Congress of his name on newspapers or other pnnted matter sent by him gt'-i of his name ii i .i -i i n l ^ i- i i , i • i i" • .. u .- 1 ) su^jject him "H'ougb the mail, shall not by reason ot such endorsement subject him to to ia^reass of post- letter or other increase of postage. ^=''" Approved August 30, 1861. PROVISIONAL CONGRESS. Sess. III. Ch. 61. 1861. 201 Chap. LXI. — An Act for the sequestration of the estatet, property and effects of alien Augu.'t 30, 1361. enemies, and for the indemnity of citizens of the Confederate K>tate8, and j)ersons aidinj — the same in the exiitinj war with the United Stales. Whereas the Government and people of the United States have departed PrearMe. from the usages of civih'zed warfiire in confiscatinfj and destroying the property of the people of the Confederate States of all kinds, whether used for military purposes or not; and ^l"ty "f citizens each and every citizen of these Confederate Slates speedily to give jnYor- *'' """f^ '"^^t" "*" i"/v. I I'll • /»i'i '7 1 pri'pcriv tcquca- mation to the omcers ciiarged with the execution of this law of any aiiu trateS. " every lands, tenements and liereditaments, goods and cliattels, rights and credits within this Confederacy, and of every right and interest therein held, owned, possessed or enjoyed by or for any alien enemy as aforesaid. Skc. 3. Be it further enacted, That it shallbe the duty of every attor- Aitoraey.sagenta, nev, ajyent, former partner, trustee or other person holding or controilini' trial in the court according to the usual course of its business, and the PROVISIONAL CONGRESS. Sess. III. Ch. 61. 1861. 203 court or judge shall, at any time, make all orders of seizure that may Court or judge seem necessary to secure the subject-matter of the suit from danger of ™f^*^e™u*e^„r*^sale loss, injury, destruction or waste, and may, pending the cause, make orders to preserve proper- of sale in cases that may seem to such judge or court necessary to preserve ty from waste, any property sued for from perishing or waste : Provided. That in any When property case when the Confederate iudo-c slifdl find it to be consistent with the '"■''-y ^^c left in the /•I ■ /. ,1 i i J i I ii, • 4i 1 7 handsof the debtor safe-kee])ing ot the property so sequestered, to leave the same in tlie hands ^^ ^^.^^^ person. and under the control of any debtor or person in whose hands the real estate and slaves were seized, who may be in possession of the said ])rop- ertj'^ or credits, he shall order the same to remain in the hands and under the control of said, debtor or person in whose hands the real estate and slaves were seized, requiring in every such case such security for the safe- Security for i)s keeping of the property and credits as he may deem sufiicient for the " P'"^' *'"• purpose aforesaid, and to abide by such further orders as the court may make in the premises. ]?ut this proviso shall not apply to bank or other This proviso not corporation stock, or dividends due, or which may be due thereon, or to rents to apply to stocks on real estate in cities. And no debtor or other ]ierson shall be eutitle' /""der ..,!.,* 1 i> • 1 i V 1 11 1 ii the money due to may require it, order tiie money due as aforesaid to tie demanaef the officer taking the same that no other and better evidence can be i>btained, which fict shall distinctly appear in the certificate of such officer ; and it shall be the duty of the judicial officer taking cognizance of the case, to reduce tO|writing the oral evidence, and to retain the written evidence in support of the alleged ownership and loss, and within thirty days after the hearing, to transmit the same to the Secretary of State of the Confederate States, to be filed and preserved among the archives of the Evidence ^to be State Department, accompanied by a certificate from the said ji''litial .^'^'gJ^[^P'"^j^'j,"^^^^ officer, authenticating the report so made by him. And the said judicial ment. officer shall also state in his certificate of authentication, whether, in his opinion, the evidence so heard and transmitted, is, or is not. entitled to credit. It shall be the duty of the Secretary of State to receive and file in his Department, the report so tnnismitted, and to Copies to be furnish' to the owners, attorney or representative a duly certified copy ^u''"'*^'^'^- thereof, whenever the same shall be demanded. Skc. 2. A)id be it further enacted, That whenever any property, other IVrpetiiation ..f , , , *' 1 1 , • , •,• J A ^^ 1- ^ i. testimony where than slaves, real or personal, belonging to any citizen or the Lontetlerate properly, o tb e r States, or any inhabitant thereof, shall be seized, wasted or destroyed by than slaves, sball the enemy, during the existing war, or by any person or persons acting^" seized, wasted 1 .1 .1 ". 1 (■ ii •, p ^'i TT -i 1 Oi. i /I or destroyed by the under the authority, or color oi authority ot the United states dovern-^^^, ment, or engaged in the military or naval service thereof, the mode of taking and preserving proof thereof, .shall conform in all respects to that prescribed in the above section, and have like effect. Sec. 3. And he it further enacted, That the provisions of this act ^^ct '^^"*^*<>.^» shall not be construed as implying that the Confederates States are in pjyfng that the C. any way liable to make compensation for any of the property to which s. will make com- it refers. pensation. Approved August 80, 1861. 208 PROVISIONAL CONGRESS. Sess. III. Ch. 63, 64, 65. 1863. August 30, 1S61. CiiAP. LXIII. — An Act to provide for the transmission of Monty, Bonds or Treasury ' Notes. Transmission of The Congress of the Confederate States of America do enact, That '' ^ ° ^ *^ ■ "■ tlie Secretary of the Treasury is authorized to make such arrangements for the transmission of the funds of the Confederate States as he shall Appropriation, deem expedient ; and for that purpose the sum of twenty thousand dollars is hereby appropriated. Approved August 30, 1861. August 30) 1SG1. Chap. LXIV— .In Act to amend an act entitled " An act recopiizivg the existence of War between the United States and the Confederate States, and concerning Letters of JIarque, Prizes and Prise Goods," approved May sixth, eighteen hundred and sixty- one ; and an act entitled ^' An act regulating the Sale of Prizes and the Distrihntion, thereof," ajqiroved May sixteenth, eighteen hundred and sixty one. Amendment o f The Congress of the Confederate States of America do enact, That section seven of the Seventh section of the first above recited act be so amended ti*^ chiiptcr'' 3' so as ^^ *''"' P^^^^'^ ^^^ authorize the breaking cf bu.k and the removal to' authorize' the by the captors of the whole or any part of the goods found on breaking of bulk board a captuied vessel whenever such removal may be necessary for !t!!„i removal o f j.|^^^ g^^^ carriao-e of such vessel into port, and also, in all cases where, goods on captured , , . •^ , . , • ^ r. i i i vessels. '^J grounding or otherwise, the securing 01 the cargo or any part thereof may require the removal : Provided, That the person in command of the vesel making su>3h capture shall, as soon as practicable, after land- Inventorv of th '^^^ ^^^ cargo or any part thereof, cause an exact inventory of the same property. "Xo be^'-' be made b/ the nearest magistrate, wherein shall be specified each tiled witn collector, and every article so lauded, and the marks, if any thereon, and forward the same immediately to the collector of iha nearest port j the property Custody of the ^^ landed shall remain in the custody of such magistrate, and he shall property. Com- retain possession thereof until the same can be delivered to the marshal; pensation. and the court before which such cargo shall be brought, in case the same shall be condemned, may allow such compensation to the magistrate Proviso, when as to the court may seem just and proper: And, provided further. That removal made tor when such removal shall be made for the purpose of lightening over bars lirfhf^^^J^?,*'*?. „° ^^Jitl ^boals, and the goods removed shall, as soon thereafter as practi- iigntening over,,,' o _ ; i bars and shoals, cable, DC restored on board the prize vessel, the same may be carried to port as if no removal had been made ; and no delivery, as provided in the preceding clause, to a magistrate shall be required. First sec. of the Sec. 2. That the first section of the last above recited act be so Ta hSs^*'^' '^^i''^ amended as to allow the judge of a prize court, wherein any con- so'as to allow sale t^emnation may be had, to order and decree that the said vessel and the of prize vessel and cargo, or any part thereof, may, in his discretion, and to enhance the cargo by marshal yalue thereof, be sold by the marshal of the adjoining district, and at trict*! "''^'^°'°'' '^" such place therein as he may designate ; Provided, ahoays, That the Proviso. duties upon all dutiable goods shall be paid from the proceeds of sale. Approved August 30, 1861. August 30, 1861. CuAr. LXV. — An Act vesting certain poxoers in the Commissicners of the District Courts of the Confederate States. • .n^?.!!!!'"'''^"'^'" ^^''^ Ccmnress of the Confederate States of America do enact, That commissioners ap- ,-, r\ • • • i i i n-w- • n pi A r- ^ pointed by the dis- ''"^ ^commissioners appointed by the District (Jourts oi the Conied- irict courts. eratc States shall have power to issue warrants of arrest against PROVISIONAL CONGRESS. Sess. III. Ch. 66,67, 68. 1861. 21)9 cffenders, for any crime or offence against the Confederate States, or the laws thereof, and to commit to prison or admit to bail such offender, as the case may be, for trial before such court, as may have cognizance of the offence, and with all the powers in relation to crimes and offences against the Confederate States, or the laws thereof, which are conferred on justices of the peace in relation to crimes and offences against the United States of America, by the act of the twenty-fourtli of Septem- ber, seventeen hundred and eighty-four, of the Congress of said United States, entitled '' An Act to establish the Judicial Courts of the Ignited States." Sec. 2. And he it further enacted, That said Commissioners shall Compcnsatica. have such compensation for their services as is given for like services to Commissioners of the Ignited States, by the act of the Congress of Faid United States, entitled " An Act to regulate the fees and costs to be allowed Clerks, Marshals and Attorneys of the Circuit and District Courts of the United States, and for other purposes," passed on the twenty-sixth of February, eighteen hundred and fifty-three, or by the laws of the United States at that time ; to be allowed by the Courts, and paid out of the Treasury of the Confederate States of America. ArrROVED August 30, 1801. Chat. LXVI. — An Art to authorize the appointment from civil H/c of Pcmnng to thr .August 31 1861 Staffs of Ocntrale. ' The Confjrritx of the Confederate Statesi of America do enact, That Civilians r-i .% y the President may, in his discretion, upon the application and reconimen- :lf f.?o-'""'^'M ^° dation of a (Jeneral of the 'Confederate States Army, appoint from civil j-uic. life, persons to the staff authorized by law of such uilicer, who shall have the same rank and pay as if appointed from the Army of the Con- federate States. ArPROVED August 31, 18G1. Chap. LXVIT. — An Act providinfi f .r the app-iirJ'ncKt of Adjutan's of Rrrjimcnts and Anru^f 31 1-Cl LtgloM, of the grade of Subalter^i, it addition to the StiLallcnii attached to ' [_ Companiet. TJie Cou'jress of the Confederate States of America do enact, That Appointmor.t of the adjutants of regiments and legions, may be appointed by the aajut.ints of rnr^\- Prcsideut upon the recommendation of the Colonel thereof, of the |"^"u\'^°))/j^'- "' grade of subaltern, in addition to the subaltern officers uttaohed to ruljalteru? companies, and said adjutants, when so appointed, shall have the same Tank, pay and allowances as are provided by law to adjutants of regiments. ArPROvED August 31, 1861. Cnir. LXVIII. — An Act providing fr the rcccpiici and forwnrdinfj of artiihs scit to Aiii.n«t31 ISCt the army i'\j private co'ntribation, ' \ 2hc Congress of the Confederate States of America do enact. That Reception and the Secretary of War be authorised and required to make all necessary ''orwardinp; of ni- arrangements tor the reception and iorwarding of clothes, shoe^, blank- for the army, ets, and other articles of necessity that viaj be scut to the army by private contribution. Approved August 31, 1861. 14 210 PROVISIONAL CONGRESS. Sess. III. Cii. 69, 70, 71, 72. 136i. AUpU.,'- r'.;, 1;; ;■. Chai-. LXIX. — An Act to allow rations to Chaplains in the army. Chi4/!a;n-;uJlc^- The Conr/ress of tJie Confederate States of America do enact, That '~ ' '" ■ Chaplains iu the ariuy be, and they are hereby, allowed the same rations as privates. AprROVED, August 31, 1861. A»jfe-a,l 11, 18:;i. Chap. LXX. — An Act to rcimbumc the State of Florida. I'j- auj!.;.- Vv'jiKiiEAS, Thc State of Florida has made large outlays of money in tiic arming, equip[p]ing and maintaining troops for the service of the ('onfederate States, and in the construction of sea-coast defences whereby the State of Florida has exhausted her treasury, and has great need of money to carry on her military operations : Therefore— .Seorc'lM-/ of The Congress of the Confederate States of America do enact, That Tror* 7 7 (1 i;5jaej]j(j Secretary of the Treasury is hereby directed to issue to the State of )fl-:^pg;v;0^030iri ■'■'orida, upon the application or the Governor or said State, three hnn- tr^ -:;ir7 n-;'?a drcd thousand dollars in treasury notes: Provided, That the said State IVcvj-.o deposit with the Secretary of the Treasury of the Confederate States an equal sum in the bonds of the State of Florida, authorized to be issued laider an ordinance of the Convention of said State, which bonds shall be held by the Secretary of the Treasury until the account of the Stat'^ of Florida, for advances made for military purposes, is adjusted as Con- gress may direct. Approved August 31, 18G1. Au^Ti.L j;. l&.l". CnAP. LXXr. — An Act mnlclitf] an additional appropriation for the payment of Clcrk^ (liid a Menxen'icr for the T'ost Office Depart^nent, and to authorize the Post7nastcr General to appoint an additional Meseenifer for the Post-Off ce Department. Ajjpri'pn ati n flic Congress of tlie Confederate States of America do enact. That rary'c'crk'; and ^^'^ ^^^^ ^^ ^^'^ thousand dollars be, and the same is hereby, nn i^.^ftyr in Puht- appropriated out of any money in the treasury not otherwise appro- Offi?^ D;'pa!-'.in.-iit, pi.]:.i|;,3j^ fQj. ^\q payment of such temporary clerks as the Postmaster ]?eb"^jVlBoir '°^'*^"*^'''^^ ^^^y appoint for the Post-Office Department, and for the payment of an additional messenger for the Post-Office Department, for the fiscal year ending February eighteenth, eighteen hundred and sixty- two. h/'AX-.^'.-.-s:: mi:}- Skc. 2. Be it further enacted, That the Postmaster General be, an'5 cao^crini? \r^ ap- }^g jg hereby authorized to appoint an additional messenger for the Post- liitbn. ' ^ * Office Department, whose compensation shall not exceed four hundred dollars per annum. Approved August 31, 1801. Aii^H3l ol , IfVJ'. Chap. LXXII. — ^4ji Act to establish thc rates of postage on iiexi'spapera and jieriodicaU, sent to dealers therein through the mail, or by express over post routes. I'.H.'9sof pc=taTe The Conqress of the Confederate States of America do enact, That "™t- two ensuing years sub.sequent to the expiration of their present term of service. To all now in the service for three year.H, or for the war, to be paid at the expiration of their first year's service. To all who may hereafter volunteer or enlist for three years or for the war, to be paid at the time of entry into service. Sko. 2 And he it further enacted, That furloughs not exceeding Furloughs with sixty davs, with transportation home and back, shall be granted to all * ranspor tation ,•'•'', . .1 • 1 1 11 • X ii • i.* irrantea to twelve twelve months men now in the service, who shall, prior to the expiration ^^^^^j^g ^^^^ of their present term of service, volunteer or enlist for the next two ensuing years subsequent to the expiration of their present term of ser- vice or for three years or the war; said furloughs to be issued at such AVhen to be times and in such numbers as the Secretary of AVar may doom most '^="^^^- compatible with the public interest; the length of each furlough being Length of fur- regulated with reference to the di.stance of each volunteer from his lough. home: Provided: That in lieu of a furlough, the commutation value in What may be money of the transportation herein above granted, shall be paid to each received in lieu of private, musician or non-commissioned officer, who may elect to receive "' ° it, at such time as the furlough itself would otherwise be granted. Sec. 3. This Act shall apply to all troops who have volnntcf'rod or To what troops enlisted for a term of twelve months or more in the service of any State, ^^^'^ ^"^^ ^° arvh'- who are now in the service of the said State, and who may hereafter volunteer or enlist in the service of the Confederate States under the provisions of the present Act. Sko. 4. And he it further enacted. That all troops re-volunteering or Re-organization re-enlisting shall, at 'the expiration of their present _ term of service, of^'^^o^^PY;-;;^'"": have the power to re-organizc themselves into companies and elect their ligji,,^ „t jijg g^- coiupany officers, and said companies shall have the power to organize piration of their themselves into battalions or regiments and elect their field officers ; r'"^'^«f^'|^*^ t^'"'" "^ and after the first election, all vacancies shall be filled by promotion ''^y^^/^n^igg ^^U^ from the company, battalion or regiment in which such vacancies may ^y promotion. occur: Provided, That whenever a vacancy shall occur, whether by In the lowest promotion or otherwise, in the lowest grade of commissioned officers of ST"'''" °*" commis- r , 1, , 1 i2ii 1 1. 1 i- A 1 sioned officers a company, said vacancy shall always be failed by election : And pro- j^^g^ y^y election. vided further, That in the case of troops which have been regularly Officers of ccr- enlisted into the service of any particular State prior to the formation t'^iQ State troops ^ , ,-^ „ ., -1 1 • 1 1 1 1 CI, ■ 1 i. 1 J. turned over to the of the Confederacy, and which have by such State been turned over to ^. g^ appointed, the Confederate government, the officers shall not be elected, but ap- ic, as heretofore. 224 PROVISIONAL CONGRESS. Sess. V. Ch. 10, n, 12. 1861. appointed and promoted in the same manner and by the same authority as they have heretofore been appointed and promot-ed. Apphoved December 11, 1861. 1S61. Dec. 12. Chap. X. — An Act to divide tJie State of Tennessee into three Judicial Districts. Tennessee divid- The Congrcss of the Confederate States of America do enact, That ed into three judi- the State of Tenessee shall constitute three judicial districts, to be cial districts. denominated the eastern, middle and western districts, the territorial boundaries in which shall be the same as those designated by the laws of the United States, before the separation of said State from the Union. One district Sec. 2. There shall be, as heretofore, onc district judge for the whole .iudge for the State, whose duty it shall be to hold two terms of his court every wliole State. year, in each of said divisions or districts, at the times and places pre- terms in each dis- scribed by law at the time the State withdrew from the United States, trict. Sec. 3. It shall be the duty of the President of the Confederate Marshal and States to appoint a marshal and attorney for each of said districts. attorney tor each ^'^ *' district. Approved December 12, 1861. ISCl De". 18. Chap. XI. — ^•l.'i A:^t to provide for the jjai/ment of the carriers cf ;^c electoral votes of the renpeetive States of the Confederacy. Mileage and pay The Congress of the Confederate States af America do enact, That allowed carriers of mileage, at the rate of ten cents a mile and eight dollars per diem, to eiect':'ra ictcs. -^^ computed for the number of days actually required by the ordinary routes of travel to and from the capitals of the respective States to the capital of the Confederacy, be, and are hereby, allowed to the carriers of the electoral votes to the seat of government. Approved December 18, 1861. 18C1 Dec. 18. Chap. XIT. — An Act providing for the transfer of certaii appropriations. Transfer of cer- The Congress of the Confederate States of America do enact, That tain appropria- all sums remaining unexpended out of the appropriations made by the "^^''°^' following acts, to-wit : First, " An act making appropriations for the support of the regular army of the Confederate States of America, for l?Gl, March 11. twelve months, and for other purposes," approved March eleventh, eighteen hundred and sixty-one; Second, '' An act making appropria- tions in addition to those already made for the military service of the Confederate States of America, for the fiscal year ending the eighteenth day of February, onc thousand eight hundred and sixty-two," approved 1?G1, May 21. May twenty-first, eighteen hundred and sixty-one, be, and the same are hereby, ordered to be transferred for distribution and expenditure in the manner provided in the second section of an act entitled "An act making appropriations for the public defence," approved en the twcnty- l8t;''.Ai:g. 21. first day of August, eighteen hundred and sixty-one. Arpr.ovED December 18, 1861. PROVISIONAL CONGRESS. Sess. V. Ch. 13, 14. 1861. 225 CnAP. XIII. — All Act to cstabfiih the date from tchirh the comtnissiom of certnin staj/ ISGl, Dec. 1?. officers shall take effect. The Congrcs.s of the Confederate States of America do enact, Tliat Rank ami pay all slirirous, assistant suro-eons, quartermasters, commissaries and assistant *^f surguoiis. quar- " ' , " . ' i . 1 1 . . , . , , t e r 111 a s t( rs ami quartcn-masters and commissaries, appointed and commissioned in i')c g„„jmi5.j..,yies ^ho provisional army, and who may liaA'c commenced their service hcfore commonce! service receivin"; their commissions, shall be entitled to take rank and receive ^'/'f"'"*^ nf.vMvmg /> ^ ,1 1 , 1 .1 ,11 1 i c lx. ■ t'leii^ commission?, pay from the date when they actually cemmenced to pertorm their re- spective duties, with troops in the service of the Confederacy. Approved December 18, 1861. CnAr. XIV. — An Act further snplementari/ to an act to authorize the issue of treasury 1S61, Dec. 19. notes, and to provide a war ta.v for their rediY'irttion. The Congress of the Confederate States of America do enact, That Payment, to tho the Secretary of the Treasury is hereby authorized to pay over to thel^'«n' " ,? assespmciits. 1 i' T i 1 ,1 i- i^ ii. 1 i- J J 1- delivery iicdrctuin day ot January next; and the time tor the completion ana delivery ^jj-jj^^g; of the lists is extended to the first day of February uext; and the time £, , . for the return of the said lists to the Chief Collector is extended to t r^., j, i, ,: y „,.iy the first day of March next; and in cases where the time thus fixed make further cx- shall be found insufficient, the Secretary of the Treasury shall have *^"f "'"■,, . 1 n ,1 • • , ■• Act isei, Aug. power to make lurther extension as circumstances may require. 19, ^ 4. Sec. 3. The cash on hand, or on deposit in bank, or elsewhere, men- Cash on hannient and to assessment and taxation : and tiie money at interest, or invested oy tjixation. individuals in the purchase of bills, notes, and other securities for Securities for money shall be deemed to include securities for money belonging ""'"'-T belonging to non-residents, and such securities shall be returned, and the tax jj^^^^,'^'' thereon paid by any agent or trustee having the same in possession Agent or tnutie or under his control. The term "merchandize" shall be construed *<*?''>' 'be tax. to include merchandize belonging to any non-resident, and ^'^^cLaiidi-'e ' how property shall be returned, and the tax paid by any person having the ccn.'itmed. same in possession as agent, attorney, or consignee : Provided, That II"w tli« w i • i p /• xi, ^ Colloutor may ap- *'^^^ proper measures tor the making and periecting the returns, assess- point assessors, ments and lists required by law ; and the returns, assessments and lists and provide forg,j made shall have the same legal validity, to all intents and purposes, turns 'a-c.° " '^'^' ^^ i^ made according to the provisions of the act to which this act is supplementary. Tax lists to con- ,Sko. 8. That tax lists already given, varying from the provisions of oim to t i» / ct. ^^ ^j^jjj ^^^^ shall be corrected so as to conform thereto. Approved December 19, 1861. 1S61, Dec. 19. Chap. XV. — An Act for the recruiting service of tJcc provisional army of the Confede- rate S'ates. Recruiting and The Confjreas of ihe Confederate States of America do enact, That cnhirting men tor ^]jg Secretary of AVar be, and he is hereby, authorized to adopt measures comrjixmes reduced /. •,• " i i- ,• /• " • • • ^ \^ hy d'-ath and dis- ^'*^ recruiting and enlisting men tor companies in service tor the war, or charges. three years, which, by the casualties of the service, have been reduced by death and discharges. Company com- Seo. 2. ^1?*^? he it further enacted, That the Secretary of War be, )v.iKsioned officers ^nd he is hereby, authorized to detail the company commissioned officers ciiii'dutv " ^ '' ^'^^' ^^^^ above duty, in such numbers and at such times as, in his opinion, will best comport with the public service; the officers thus ap- pointed to enlist and recruit for their respective companies. Approved December 19, 1861. 1801, Deo. 21. CnAP. XVT. — An Act to delcrminc the numhcr of mcmlcrH the State of KeniucJn/ xhall he entitled to have in the House of Representatives of the CongresH of the Confederate States, and in relation to the election and returns thereof. Numberofmem- y/^g Congress of the Confederate States of America do enact, That titled to^in'i/ou^B ^^^ State of Kentucky shall be entitled to have in the House of Repre- cf iieprcsentativcs. seutatives of the Congress of the Confederate States, twelve members. TROVISIONAL CONGRESS. Sess. V. Cn; 17. 1861. 227 Sec. 2. These members shall be elected in the manner, at the time, Election, ^er to taki • 111111 ^ f • y and account fur Situate, and be held and accounted lor in the same manner a.s other the same 228 PROVISIONAL CONGRESS. Sess. V. Ch. 18,19,20. 18G1. sequestered property; provided the amount of the redemption shall be charged to the sequestration fund. Approved December 23, 1861. ISfi], Dec. 23. Chap. XVITI. — An Act lo nmcml "An act to require the receipt hy the Postmasters of V the Confedernfc Slatca of trcnmiry natrs, in sums (if fxe dollars and upwards, in pay- ment of poittnrje stamps and stamped envelopes," approved August thirti th, eighteen hundred and sixty-one. The Congirss of the Confederate States of America do enact, That the provisions of "An act to require the receipt by the Postmasters of the Confederate States, of treasury notes, in sums of five dollars and up- wards, in payment of postage stamps and stamped envelopes," approved 1861, Aug. 30. August thirtieth, eighteen hundred and sixty-one, be, and the same are hereby, so extended as to require the Postmasters of the Confederate Treagury notes States to receive the treasury notes of the Confederate States in pay- receivable in paj'- j^ient of postage in sums equal to the denomination of said treasury ^^deposft^^fn'/ad- '^^*''^^''' ^''^ ^^ receive the same on deposit for advance payment of such vance payment, postage. Approved December 23, 1801. \ 1861 Dec. 24. Chap. XIX. — An Act to authorize the President to confer temporary rank and command . OH officers of the navy, doing duty with troops. Temporary raili- ^^'^ Congress of the Confederate States of America do enact, That lary rank au d the President be, and he is hereby, authorized to confer on any officer command con-^f ^|^g ^J^yy ordered to do duty on shore with troops such temporary the navy ordered uiHitary rank and command, and with such limitations and restrictions ■to do duty on shore as he may deem proper. with tro(jp^. g£Q 2. Any officer of the navy on whom military rank and command rank in the navy, ^^^'i'^ ^e conferred, in virtue of the foregoing section, shall retain his Pay and emolu- I'^^l^ i" the navy, and shall be entitled only to the same pay and emolu- jaents. ments that he would have received if no such rank and command had been conferred on him. Approved Dec-smber 24, 18G1. Persons who are 1861, Dec. 24. Chap. XX. — An Act to amend an. act entitled " An act to establish a nni farm rvle of nnturalixntion for persons enlisted in the armies of the Confederate States of America." 1861, Aug. 22. The Congress of the Confederate States of America do enact. That the provisions of the above recited Act be, and the same are hereby, extended to all persons, not citizens of ono of the Confederate States, CO t'citlzens/en- 'who are engaged in the naval service of the Confederate States, during gaged in the naval the present war with the United States: Provided, hoicever, That the Bervice of the ^- Qg^{\i therein prescribed may be administered by the captain or other □•• 6DtltlCU. to S(1IU6 It/ •'1 protection as eiti- commanding officer of any national ship, to all persons entitled to the ions, ard nmy be- benefit of this Act and attached thereto, and that the duties therein come naturalized, imposed upon the Secretary of War, in regard to persons in the military Duties of Seerc- service, shall be performed by the Secretary of the Navy in reference to i*ry of the navy, persons in the naval service. Approved December 24, 18G1. PROVISIONAL CONGRESS. Sess. V. On. 21, 22, 23, 24. 1861. 229 Chap. XXI. — An Act to 2-)rovide for the appointment of Chaplains in the A'ari/. ISCl, Doc. 24. The Congrees of the Confederate States of America do enact. That Chaplains for whenever any vessels of the Confederate States navy shall lj« '"il-^out to ^j^^^^^^^ ^^' depart depart for any point beyond the limits of the Confederate States, the beyond the limits President may, in his discretion, employ a chaplain for the voyage, who of the C. S. shall receive the same pay and emoluments as chaplains in the army. me^n^ts ^^^ *=™<>^"- Approved December 24, 1861. Chap. XXII. — An Act to 2^rovide for certain offir.crs of the revenue service. 1861, Dec. 24. The Congress of the Confederate States of America do enact. That Personswho the President is hereby authorized, in his discretion, to employ, during ^^"p^j^^^g^^^^^ ^^^ the war, any persons who were officers in the revenue service of the the U. S. may be United States, but who resigned in consequence of the secession of either euiployed i n the of these States, or who may have been removed from office on account of ""^^^'1^^'" ™^ ''"'^ their adhesion to the Confederate States, or any one of thorn, in such naval or military service as the public interest may require, and at such sahxry as S.alary." he may determine : Provided, it shall not exceed the pay to which the Proviso, officer so employed was entitled to receive from the United States. Approved December 24, 18G1. Chap. XXITT. — An Act to authorize the transfer of a certain ajipropriation. ISCl, Dec. 24. The Congress of the Confederate States of America do enact, That Transfer of a the unexpended balance of an appropriation made by (he act entitled "'■''"° appropna- "An act to provide for the pay of officers who have resigned from the United States navy, and whom it is proposed to add to the Confederate States na^^'y," approved May twenty-first, eighteen hundred and sixty-one, ISCl, May 21. be, and the same is hereby, transferred to the appropriation made in the first section of an act entitled "An act making appropriations for the support of the navy, for the year ending fourth of February, eighteen hundred and sixty-two, approved ^farch fifteenth, eighteen hundred and sixty-one. 1^61, March 15. Approved December 24, 1861. Chap. XXIV. — An Act to authorize the njypointment of adtlitional officers of the Navy. 18C1, Dec. 24. The Congress of the Confederate States of America do enact. That., l'.'"'^"''''^"' ^^' - 1 T-. • 1 t 1 1 • 1 1 1-1 • 1 ' 11 ■ til onzcd to appoint tlie rresulent be, and he is hereby, authorized to ajipoint the lollowing additional officers officers of the navy, in'addition to those heretofore authorized, to-wit : two in the navy. ca])tains; five commanders; fifty lieutenants ; ten assistant paymasters, and thirty assistant surgeons; said appointments to be made fi'om the navv and from civil life, as the President may sec fit, and to tonninate at "^^'>cn .appoint- .1 • 1 /. ,1 '' ments to tormi- the end ot the war. ^^^^ Approved December 24, 1861. 230 PROVISIONAL CONGRESS. Sess. V. Cn. 25. 1861. 1861, Dee. 24. Chap. XXV. — An Act making appropriations for (he expenses of government, in the Ltgislative, Executive and Judicial Vejmrtmtnts, for the year ending eighteenth of Feb- ruary, eighteen hundred and sixty-two. Appropriations The Congress of the Confederate States of America do enact, That goVe^ument for^ibl *^^ following sums be, and the same are hereby, appropriated for the year emliDg Feb. objects hereafter expressed, for the year ending the eighteenth of Feb- 18, 1861. ruary, eighteen hundred and sixty-two. Members of Con- Legislative. — For compensation and mileage of members of Congress, ^'°**" .^eventy-two thousand dollars. Private secreta- Executive. — For compensation of private Secretary and Messenger of ry and inesseuger the President, two hundred and thirty dollars. cf the President. ri i- x- ii ci . ' p n. . a • , . r< , c Office of Secre- ^^^ compensation ot the Secretary of State, Assistant Secretary oi tary ot" State. State, Clerks, and Messenger, eight hundred and eighteen dollars and forty-four cents. Office of Secreta- For compensation of the Secretary of the Treasury, Assistant Secre- ryoftiie Treasury, tary. Comptroller, Auditors, Treasurer and Register, and ' Clerks and Messengers in the Treasury Department, twenty thousand dollars. Contingent ex- For incidental and contingent expenses of the Treasury Department, peoses of the Trca- three thousand dollars. Bury epar men . -j^^,^^. compg^sation of one additional laborer for the Treasury Depart- Office of Secreta- mont, one hundred dollars. ry of War. For compensation of Secretary of War, Chief of Bureau, and Clerks and Messengers in the War Department, six thousand dollars. Contingent ex- For incidental and contingent expenses of the War Department, ten penses of the War thousand dollars. u'fficl"oTsecreta- ^^^^ compensation of Secretary of the Navy, and Clerks and Messen- tary of the Navy, gers in his office, oue thousand and seventy-five dollars. Incidental and For incidental and contingent expenses of the Navy Department, three ;:n:eVo°ffhe"NaTyt^<;f-d five hundred dollars. Department. ^^ or incidental and contingent expenses of the Post-Office Department, Incidental and one thousand dollars. Je"nses of fhrk^st' ^^^' compensation of the Attorney General, Assistant Attorney Gene- office Department. ^^^ Clerks and Messenger in the Department of Justice, four hundred Office of the At- and thii'ty-four dollars, torncy Oeneral. For salary of the Superintendent of Public Printing, five hundred 8 upcnntendont -i w '■ ^ of Public Printing. ClOllars. Printing for the For printing for the several Executive Departments of the Govern- departments. mcnt, thirty-scveu thousand dollars. Salariesof r t ■ ^^ i- n -r \ •, tt.t ii i Jndges, Attorneys 'fuaiciary. — i^ or salaries ot Judges, Attorneys, and Marshals, and and Mar,-,hals. incidental and contingent expenses of Courts, forty-four thousand Telegraph lines, dollars. Miscellaneons. — For compensation of Agents, and for costs of materials, and constructing, repairing and operating telegraph lines, twenty-five thousand dollars. Public debt. Public- Debt. — For payment of interest on the Public Debt, three hundred thousand dollars. Pay of officers War Department. — For the pay of ofiicers and privates of the army, &ndprivatc,s,qu-r- volunteers and militia, in the service of the Confederate States, for termasters supplies o t i. » i- -? n i • i . , ,. 1,1 transportation, &c. '^^''•'''^'^'^^^^^*'^^' ^ supplies ot all kinds, transportation, and other neccssary expenses, forty-six millions, thirty-two thousand one hundred and ninety- nine dollars. a^"d^'cmumi^srar^ .I^pr ^^^ purchase of subsistence, stores, and commissary property, nine property. ' million one hundred and fifty thousand, eight hundred and seven dollars. Ordnance service. For the Ordnance service in all its branches, two million three hundred and forty thousand dollars. Engineer service For the Engineer service, one hundred and thirty-five thousand dollars. PROVISIONAL CONGRESS. Sess. V. Ch. 26. 18G1. 2S1 For Surgical aud Medical supplies of the Army, two hundred aud Surgical acd fifty thousand dollars. '"'^^''^^"^ ^"PP"'"' For contingencies of the Ai-mj^ thirty-four thousand dollars. Contingencies. For contingent expenses of the xVdjutant and Ins'peotor General's Contingent cx- office, including office furniture, stationery, printed bliuiks for the use of P®"^i^®°* AJjiitant the army, postage, telegraphic dispatches, and so forth, and so forth, six oral's office, thousand, seven hundred dollars. Provisions, cloth- Navy Department. — For provisions, clothing, and contingencies in the '"^' *,''•• y^ ^•''3^ Paymaster's Department, fifty thousand dollars. went of tho navy. For contingents enumerated, twenty thousand dollars. ('ontinixents. For medical supplies and surgeon's necessaries, ten thousand dollars. ^leuiciilsupphe?. For equipment and repair of vessels of the navy, fifty thousand Kqu'pmcnt and ■% ^^, '■ '■ ^ .J ' .1 ropuir ol vessels, dollars. Fi)rordnanceandordnancestorcs,fivehundredandfifty thousand dollars. Ordnance and For purchase and building of steamers and uun-boats fur co:ist "'"'i.'"^"'''' ^^■'"■*'^' , defences or the Confederate htates, two millions of dollars. };un-boats. For repairing and fitting the steamer IMerrimac as an iron-clad .ship, Stoamor Mcrri- twenty thousand dollars. " '""'"• For floating defences for the ^Mississippi, five hundred thousand dollars. Floatinpctlefences For iron and copi>er for the use of the navy, five hundred and thirty- •""'■•''<' '^^i^-'issippj- /. ,1 1 r 1 11 -I Iron and copper. live thousand [dollars.] ^*^ For coal for steamers, five hundred thousand dollars. Coal. For pay of officers and others employed at the navy-yard at Norfolk, l*'»^y of officers, Virginia, forty-five thousand dollars. J^.^";;! ^J ^orfoik.^^ Appro VED December 24, 1861. Chap. XXVI. — An Act mipplcmcntan/ to an net to authorize the imnic of Irfnma-i/ tiolei, ISGI. Dec. 2-1. and to provide a war tax fur their redemjitioii. The Coiuprss of the Confederate States of America do enact, That the authority granted to the Secretary of the Treasury to issue treasury notes by the act to authorize the issue of treasury notes, and to provide a war tax for their redemption, approved August nineteenth, eighteen is6l, A«g. 19. hundred and sixty-one, be, and the same is hereby, extended and enlarged, so as to authorize the issue of an additional amount of fifty Additional millions of treasury uotes of the same character, and subject to the same "'""""*' y| fi' ^y , •' 1-111 -1 unllion.i»f paid of the proper officers or agents of the government and transmitted, in order "^'j^'" *" *^* Indian that they may be promptly paid over to the said tribes of Itidians, under the said treaties, when the amendments made by this government shall have been ratified as parts of said severs 1 treaties by the respective tribes. AvpuovED December 24, 1^61. CnAr. XXVIir. — An Act ret at! mj to the cusfodi/ of the returns and certijicattt of t)ie ISGl, Dec. 31. vote& of (lie Electors for President and Vice-President. ' The Conrjress of the Confederate States of America do enact, That Cu.'^tody pf tjie the returns of the votes for President and Vice-President by the electors p^g"["i^,[i ^o\j,g f,,, of the several States, .shall be delivered, for the time being, to the Vice- Prcsidontand Vi:e President of the Provisional Government of the Confederate States, who rresidunt. shall deliver the .same to the PT'esident pro tempore of the Senate of the Confederate States on the eighteenth day of February, eighteen hundred » and sixty two. Approved December 31, 1801. Chap. XXIX. — An Act to provide for a corpit of Engineers for the Provisional Army. 1861, Pec. SI. The Congress of the Confederate States of America do enact, That Appointmentofof- the President be, and he is hereby, authorized to appoint oflicers of engi- *'^''''"^ of engineer?. 238 PIIOVISIONAL CONGRESS. Sess. Y. Ch. 30, 31. 1861. Number, rank Heel's in the provisional arnn', to a number not exceeding fifty, and of rank aad pay. i^ot higher than captain, whose pay and emoluments shall be the same as those allowed for officers of a like grade in the permanent army of the When appoint- Confederacy, and whose appointments shall expire at the end of the pend- ments to expire, j^g ,,.3,, Api'roved December 31. 1801. 1861, Dec. 31. Cnvp. XXX. — An Act to amend "^» act to atithorize the President to confer temporary ^. rank and command for service with vnliinteer tron^ts, on officers of the Confederate army," ajiprovcd May ticcnty-first, ci-jhtccn hnndrcd and sixty-one." Temporary rank Be it enacted by the Congress of the Confederate States of America, anil command on -pi^j^^ (Jjq above entitled act be so amended that, in addition to the power onda^y iu the^s™"- ^■'^^''^''^ granted, the President of the Confederate States be, and he is eral bureaus of the hereby, authorized to confer teniporary rank and command upon officers Aojufant and In- of the Confederate army on duty in the several bureaus of the Adjutant OhiefVf'Env'Tueers' ^"^ Inspector General, Chief of Engineers and Chief of Ordnance, to and Chief of Ord- cease at the end of the war ; the same to be held withoiit prejudice to the "auce. positions in said army. ^P Approved December 31, 18G1. 1861, Dee. 31. Cn\P. XXXI. — An Act to provide fur the payment of certain Indian ttoopi. Payment of eer- The Congress of the Confederate States of America do enact, That tain Indian troops, ^jj^ proper quartermaster in the military department of Indian territory be authorized to pay the officers and men of the company of Creek mounted volunteers, raised in the month of August, eighteen hundred and sixty-one, by authoiity of the commissioner of the Confederate States, for local pur- poses, at the North Fork village, in the Creek country; and of the Chero- kee regiments of Colonels Stand Watie and John Drew, and of the Choc- taw and Chickasaw regiment of Colonel Douglas H. Cooper, and of the Creek regiment of Colonel Daniel N. Mcintosh, and of the companies of Seminoles raised by the Chief, by authority of the same Commissioner, and of the other troops, called into the service by Colonel Douglas 11. Cooper, to aid in suppressing the insurrection of a part of the Creeks, and of any called into service by the Creek Agent for the same purpose, by direction of the Commissioner, for the times during which all of said troops were in the service, after being organized and before being mustered into the service, in the same manner as if they had been mustered in at the res- ])ectivc times when they wt^re organized and roeeived by the Commissioner or either of said officers; which payments shall be made u]>on special pay Allowance in lieu y^\\^ ^-^^j. ^j^gj. purpose: Provided, That the allowance in lieu of clothing '"^' V shall be paid only to such of said officers and n)en as shall have since been or may be mustered into the service, and that none shall be paid who have deserted or disbanded without permission, or Lave taken sides with the insurrectionists among the Creeks. Accounts of ac- g^^.^ 2. And he it further enacted, That the accounts of the acting com- a n^d ''qulnerinas- '"^'^^'^''i*^-'^ ^^'^^ quartermasters of all said troops shall be settled and paid in tors of Indian the same manner as if the troops with or for which they acted had been troops, hovT settled i.(.o-ularly mustered into the service at the time when they were organized '*'* Debts incurred ^"^ received; and that the debts incurred or moneys advanced by them, or moneys a d - be paid by the brigade ipiartermastcr of the brig:ule commanded by Brig- PROVISIONAL CONGRESS. Sess. V. Ch. 32,33, 34, 35. 1862. 239 adier General Albert Pike : Provided further, That said accounts shall be vanpcdby tbem.by also approved by the said Brigadier-General, and that the prices paid by ^^^^^ 'o be paid, them be found by him not to have been excessive or exorbitant, and the debts to have been contracted in good faith, and the moneys actually advanced. Approved December 31, 1861. Caap. XXXII. — An Act to make additional appropriations to defray the expense of the 1S61, Dec. 31. J'ublic Printing. The Congress of the Confederate States of America do enact, That, Appropriation to in addition to the appropriations heretofore made by law, the folIowingP'^y . ^'"' P"1'^>p 1 1 .1 1 1 • ^ 3 * ii c i.\ rrintin^; up to 18 sums be, and the same are hereby, appropriated to pay the expense ot the ^ch., laoi. Public Printing up to the eighteenth day of February, Anno Domini eighteen hundred and sixty-two, to-wit: For the War Department, twenty "War Dcpart- thousand dollars ; for the Post-Oftice Department, sixteen thousand dollars ; ^^'pog^.o^ce De- for the Treasury Department, five hundred dollars; for the Department of parimi'ut. State, five hundred dollars; making, in all, the sum of thirty-seven thousand Treasury Dc- dollars, to be paid out of any money in the treasury not otherwise appro- P'^rj™'^'"'" ^ priated. State. Approvkd December 31, 1861. Chap. XXXIII.— .4)1 Act to cst'ihlinh a mail route from Hicks' Ford to Lawrcnccville, 1862, Jan. 2. in Virginia. The Congress of the Confederate States of Amerlcr do enact, That Post route ^- the following additional post route be, and the same is hereby, established, ''J-'l^'*'^'^'} ^*''"'" 1 ii TT- 1 1 T-< 1 • ii . I- /~< -ii I T Uicks rord to namely: l^om llicks I'ord, in the county ot (^reensvilie, to l^a^vrence- Lj^^^yg„^.^.^,jUp_ ville, in the county of P>ruuswick, in the State of Virginia, Sec. 2. And be it further enacted, That the Postmaster-General be First coutract for hereby authorized to make the first contract for carrying the mail over ''"rp''"« '"'^'' °\^'" . - . . r ^ • • • 1 • 1 i^ • 1 ssna route may be said route, without the necessity of advertising tor bids tor said contract, j,iado without ad- as required by existing law. vcrtising for bids. Skc. 3. This act shall take efl:ect from and after its passage. Comuieucement Approved January 2, 1862. of act. Chap. XXXIV. — An Act maJcinj ap2)ro})riations for certain floating defences. 1SC2, Jan. 9. Be it enacted htj the Con'crc.tnry of War to awiit and settle the claim,, of 1802. .Jar. 15. ctitoin office' n therein uatned. ■ the transfer of the hattalions or reoriments to which they were attached to^""'-' ""'' »»"g^""»» tlie time of the appointment of tlieir successors l.y the Confederate (;^,,. f"'"^"'^•"l"^^^""d• ernment: Provided, Said otfi.-ers held commis.sions from their respective /'/mvV , That States and discliarjjed tlie duties of said ofli.;es under said commissions '"''' .ffi^en heid and no other officers, during the time, were appointed or discharired theMTcTr'', duties of the same. ^ gtJ.'g' ' Approved January 15, 1862. oris Ir m Chap. XL!.— ^n Act to make the appoiifment of A^^istniit SrcJ-etaries of Slate, of the )8rt2, Jan. 16. Treasury and of War, Execxitiic appoi .tmenti. - _— ! 1- Thc Congress of the Con/ederafe States of America do enact, That The .-.ppoinimert hereafier the appointment of Assistant Secretary of State, Assistant Secre- "f certain iis?i.^taut the 1 lesident, by and witli the advice and consent of Cong; ess. mcnts. Skc. 2. All conthctinij laws are hereby repealed. Approved January 16, 1862. Chap. XLII —An Act to authorise the Secretary of the Navy to give a honnli/ to alt per- 18C2, Jan 1(J sous enlisted as seamen who eulitt for three years or for the loar. ' The Congress of the Confederate States of America do enact, That Bounty to i-ea- the Secretary of the Navy is hereby authorized to give a bonQty of fifty ™°" enlisted for dollars to all persons enlisted as seamen, who shall enlist for three years oV iJc^Jar"' "' ^°' for the war. And the provisions of this act shall, in like manner." extend 16 2.42 PROVISIONAL CONGRESS. Sess. V. Ch. 43, 44. 1862. ftci^.mcn already to all seamen heretofore enlisted who will extend the term of their enlist- enUsttd who will ment to three veurs or for tlie war, said bounty to be paid at the time of ..xt..,nd the term to ^.^; _^ enlistment. h?ve (he benetit ol tL;3 pioviaion. Approved January 10, 18G2. 3SC2, Jan. ^T). Chap. XLlll.—An. Act supjdcmcniary to a7i act entitled "An act to aitthoiize the ap- poiiitineixt i)f additional ojficers of the navy," approved December twenty-fourth, eighteen hundred and sixty-one. ProEident maj^ /^/^^. Covrprss of the Confederate States of America do enact, That appomt officers ot ,, ,, .,"',. -^ , . , •' . _, •,, ,, , the re-'ular navy the i resident IS authorized to appoint ofTi(;ers ot the regular navy, to any to finy higher grade hio-her grade under the act above mentioned, without prejudice to their w-tcout prejudice position uiider their orip-inal appointment, to tiiMr position ' o i i u.i'?eoii-iniun5cnis. of the Confederate States. The Governor shall reside within said Terri- tory, at the seat of government, and shall be commander in-chief of the militia thereof; he may grant pardons and respites for ofiences against the the laws of said Territory, and reprieves for offences against the laws of the Confederate States, until the decision of the President can be made known thereon ; he shall commission all officers who shall be appointed to PROVISIONAL CONGRESS. Sess. \. Ch. 44. 1862. 243 office under the laws of said Territory, and sliall lake care that the laws be faithfully executed. Sec. 3. And be it further enacted, That there shall be a Secretary of Secretary; ^lia said Territory, who shall reside therein, and hold his office for six yjars, P'^'^'^" """'^ <^"*i"- unless soonei' removed by the President of the Confederate States ; he shall record and preserve all the laws and proceedings of the Legislature here- inafter constituted, and all the acts and proceedings of the Governor in his Executive Department; he shall transmit one copy of the laws and jour- nals of the Legislature within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July, in each year, to the President of the Confederate States, and four copies of the laws to the Vice-President, to be deposited in the libraries of Congress; and in case incnsonf death, of the death, removal, resignation, or absence of the Governor from the i"csi5;iiaiion. or re- Territory, the Secretary shall be, and he is hereby, authorized and required X'' sr<[reu7'"''To to execute and perform all the powers and duties of the Governor during act as Governor, such vacancy or absence, or until another Governor shall be duly appointed to till such vacancy. Sec. 4. And be it further enacted, That the Legislative power and t.egislativepow- authority of said Territory shall be vested in the Governor and a Legisla- ^ ' '" ^^ <>m\ci? tive Assembly. The Legislature shall consist of a Council and House of Lej;islaiivo As- Representatives. The Council shall consist of thirteen members, having "^'"''^^l ^" consist ^1 ' ,.,, . ,. , 1 • .\ -111 J. f ii- "' ii Council and the quaiihcation of vot<^rs, as hereinafter prescribed, wliose term of onice houpp of Kopro- shall continue two years. The House of Representatives shall, at its first scntatives ; how session, consist of thirteen members, possessing the same qualifications *is c-"""?""*^''- prescribed for members of the Council, and whose term of office shall continue one year. The number of Representatives may be increased by the Legislature, from time to time, in proportion to the increase of the (|ualified voters: Provided, That the whole number sluill never exceed Proviso.. thirt)--nine. An apportionment shall be made, as nearly equal as practi- , Apportionment cable, among the several counties or districts, for the election of the [^g,J/j,^,^^^'^'j."""g.°f Council and Representatives, giving to encli section of the Territory ropre- lative Council, seutatiou in the ratio of its qualified voters, as nearly as may be. And Members of tho the members of the Council and of the House of Representatives shall ^'r.'"?:''' ^"'* "'""'' • 1 • 11.11- • 1 1- • •!>•'' 11 !• p r c scnta,- reside in. and be inhabitants of, the district or county, or counties tor tive,«; where to re- which they may be elected respectively. The said apportionment shall be-sifli'- based ui)on the" census report of New Mexico for the year 1860, made by ,.'^*''' f '^PP"^" direction ot tlie late United States. Sec. 5. And be it further enacted, That the Governor shall regulate the Governor to re first election wliich shall be held for members of the Council aniUJouse <^f P''^^"jJi^',J(^[;j^^'*|,° Representatives. The first election shall be held at such tiino ixud places, council and liouso and be conducted in such manner, both as to persons who shall supeiin- of Kcpresenta- tend such electiou and the returns thereof, as the Governor shall appoint ^'^'^?- , ^ , ,• . 1 1 1 11 1 ii ^- ■ J 1 ii 1 CI iimc, p'acc anJ and direct, and he shall, at the same time, declare the number or 'iiembers jj^^^^^.^. ^Jj-l^^j^-j^^ sJon of the first ordered w h o r «> Legislature, another election shall'likewise be ordered ^'y the Governor, ^f^'^y^,!'';'j^Yii 'a under the same rules, to fill such vacancy ; but the first Legislature shall vacancy. 244 TRO VISIONAL CONGRESS. Sess. V. Ch. 44. 1862. provide, by law, for al! ftiilufes to elect, or vacancies wliich ni;iy occur tlit!!e;;fier. And it is Jiercby provided that no session shall exceed tii'ly Term of sesskvas days except the first session, which may continue seventy days. And it is limited. further provided, that al! legislative proceedino-g shall be conducteii in the Proceedings to-p, ,. , i, f' J » be iu the English English languao-e._ iiui»u:t.i;o. Sec. 6. And be it further enacted, That every free white male inhabitant Qualifications of ji^jove the age of twenty-one years, who shall be an actual resident of said '*'*'"■ Teiritory, and shall possess the qualifications hereinafter prescribed shall be ^?ntit!ed to a vote at the first election, and shall be eligible to any office in the said Territory ; but the qualifications of voters and of holding office No person be- shall be exercised only by citizens of the Confederate States : And provided longing to t h Q further, That no officer, soldier, seaman or marine, or other person in the Yote^iu^siiiTxerri- ''^'"'^'7 ^i" navy of tlie Confederate States, or attached to troops in the tory, not being a Service of the Confederate States, not being a citizen of said Territory, ciiUen thereof. shall he allowed fo vote or hold ofiicre in said Tcri'itory. Extent of legis- Sko. 7. And be it farther enacted, That the legislative power of the Utive power. Territory shall extend to all rightfid subjects of legislation consistent with. the Constitution of. the C^onfederate States and the provisions of this act; but no law shall be ]>apsed interfering with the primary disposal of the soil; no tax sliall be impo-ied upon the property of the Confederate States; nor slml! the lands or other property of non-residents be taxed Power of t b c higher than the lantls or other proj^erty of r-'sidents. E\'erv liid whitdi Coam-iland llousegij^ll ],j.,^.Q pfjj,j.g,l ^'^6 Council and ilouse of Representatives of the said tives ai;dtbe'tlov-'l'*^^'''''f<'"yi f^hall, before it become a law, be presented to the Governor of «rnor iu enictiugthc Territory; if he approve, he shall sign it; but if not, he shall return la.v.-s, anil proceed- 51;^ ^yit}, i,ij. objectio.iis, to the House in which it originated, who shall iiigs tnLU.B. enter the objections at large on their journal, and proceed to reconsider it. If, after sucli consideration, two-thirds of that liouse shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be considered, and, if .approved by two-thirds of that House, it sliall become a law. l>ut in all such cases, tlte votes of both Houses s!;;>ll be determined by yeas and nays, to be entei'ed on th« journal of each House resjiectively. If any bill shall not be returned by the (Jovernor v.ilhin six days (Sunday excepted) after it shall liave been presented to hiiu, the same shall be a law in like manner as if he had signed it, tinless the Legislature, by adjournment, prevent its return, iu Governor not to whicdi case it shall not be a law; Provided alivays. That the (Governor esereisc veto in shall not exercise the veto in cases hereinafter expressly reserved or denied certain cases. y ^j^jg j^. Provided further. That the Conirress of the Cotrfederate States ohaime or iinnu' '"'ly? ^t any time, change, modify, or annul any law that may be passed laws passed by the by the Legislative Assembly, but no change or annulling of the same shall Legiglativo As- .,if^,.t or disturb anv rijrhts acquired previi)us to the makinir of such (dianyo Ar.d may ims= 0'" alteration. And provided further, Tiiat said Congress may, at any time any laws for the during tlte existence of said Territoiial (Tovernment, originate and pass for p«ople of sa,idTer- tjjg people of said Territory any law which Congress may deem expedient ^^' or necessary and jiroper. Appointment of Src. 8. And be it further enacted That all territorial and county Territoral «■ » , , • ,-r ■. i Vn i i (jrovernor, and .they shall hold their otiices until tjiey are nlied by persons appointed or elected conformably to such law as the Legislature shal! Oovurnor to lay enact in lela'ion thereto. The Governor shall lay off, for the fii'st election, off election dis-the election disti-icts for the members of the coimcil and Ilouse of Repre- Prjriso sentatives, where deemed necessary; Provided, always, That after the first session, th.e Legislature .shall exercise the sole power of laying ofl' all election districts. Rostviction on ggc. 9. And he it farther enacted. That no member of the Legislature ^^'^' shall hold or be appointed to any oflfice which shall have been created, or PROVISIONAL CONGRESS. Sess. V. Ch. 44. 1862. 245 the salary or emolunic-nts of which shall have been increased while he was lii'ivp. Apscmblya* a member, (liirino- the term for which lie was elected, and for one veai- after •'' «PP^*° ™®" ** 1 • • P ^ 1 • • • 111 ■' • 1 1 oflice. the expiration or such term; but this restriction shall not be applicable to members of the first Lejjislature ; and no person hohlinof a couimission or appointment in the militaiy service of the Confederate States sliall be a mem- ber of the Legislature, or hold any civil office under the government df said Territory. Src. 10. And be it further enacted. That the Judicial power of said .Juclioial power, Territory shall be vested in a supreme court, district courts, probate ^'''• courts, and in justices of the peace. The supreme court shall consist Supreme court. of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually. They shall appoint a clerk, who shall hold May appoint it* his office during their pleasure, and who shall receive such fees in all ca.'-.es clerk, in said (^ourt, as the clerk of the supreme court of the Territory of New Mexico is now entitled to by law ; and they shall hold their offices during -r^,.,,, „f officeof the period of six v ^'^'^ ^" j"'''tit'es of the peace therein shall be appointed by peace to bo ap- the justices of the supreme court. P°^*''^^^- _ Sec. 11. And be it further enacted, That there shall be appointed an ornej'. attorney for said Territory who shall continue in office for six years, unless salary. sooner removed by the President, who shall receive an annual salary of five hundred dollar.s, payable quarterly, and the same fees as the attorney „ _ general of the present Territory of New Mexico. There shall also be a jj." ', ' , marshal for the Territory appointed, who shall hold his office for six years, ' ' unless sooner removed by the President, who shall execute all process issuing from the said courts when exercising their jurisdiction as district and circuit courts of the Confederate States; he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees as the marshal for the present Territory of New Mexico, and Compensation, shall, in addition, be paid two hundred dollars annually, as a compensation for extra services. Governor, Secre- &EC. 12. And be it further enacted, That the Governor, Secretary, chief tary, chief and as- justice and associate justices, attorney and marshal, shall be nomi- sooiatcjustices,at- jjrj^g^l^ ^Y^^^ by and with the advice and consent of Congress or the to bo appointed by Senate, appointed by the President of the Confederate States. The Gov- the President. ernor and Secretary to be appointed as aforesaid shall, before they act as Each to take of- su(.]^^ ''^•''P^ctively, take an oath or affirmation before a district judge or "' ' some justice of the peace in the limits of said Territory duly authorized to administer oaths and affirmations, or before the chief justice or some asso- ciate justice of the supreme court of the Confederate States, to support the constitution of the Confederate States, and faithfully to disch-trge the duties of their respective offices ; wdiich said oaths, when so taken, shall be certified by the person before whom the same shall have been taken, and such certificates shall be received and recorded by the said Secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Gov- ernor or Secretary, or some judge or justice of the peace of the Territory, who may be duly commissioned and qualified, which said oath or affirma- tion shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid ; and afterwards, the like oath or affirmation shall be taken, certified and recorded in such manner Salary of Govcr- ^^"-^ ^'^'"'" ^^ ^^y ^^ P'^^*^''^^®^ bylaw. The Governor shall receive an nor. annual salary of fifteen hundred dollars as Governor, and five hundred ^^j, - ^ dollars as commissioner of Indian affairs. The salary of the Secretary of tary. "^ the Territory shall be the sum of twelve hundred dollars per annum, pay- Salar f h" f*^^^'^ quarterly. The chief justice and associate justices shall each receive and associate jus- ''^''^ fi^^nual salary of eighteen hundred dollars. All salaries shall be paid tiees.^ ^ quarterly at the Treasury of the Confederate States. The members of the cuamd'*^* P'"^"^ Legislative Assembly shall be entitled to receive four dollars each per day Compensation of '^'^"'''S t^^^''' ''•'ttendance at the sessions thereof, and four dollars each for members of Legis- every twenty miles travel in going to and returning from the said sessions, '^^Protv'^'^'^'f ' ^-'^timated according to the nearest usually travelled route. There shall be contint'ent ex- ''''PP""*^?^''^^^^ annually the sum of one thousand dollars, to be expended by penses. the Governor, to defi'ay the contingent expenses of the Territory ; there PROVISIONAL CONGRESS. Sess. V. Cii. 45. 18G2. 247 • shall also be appropriated annually n sufficient sum to be expended by tlie Secretary of the Territory, and upon an estimate to be made by the Secre- tary of the Treasury of the Confedei-atc States, to defray the expenses of the" Legislative Assembly, the printing of the laws and other incidental expenses ; and the Secretary of the Territory shall annually account to the Secretary of the Treasury o^ the Confederate States for the manner in which the afores^aid sum shall have been expended. , , Sec. 13. And be it further enacted, That the Legislative Assembly ?*',i,.e^^A^'^°mbly'to' the Territory of Arizona shall hold its sessions at La MesiUa, which i? hold its sessions.' hereby designated as the seat of government of the said- Territory, until Scat of govern- otherwise provided by law. """'"'• Sr.;o. 14. And be it further enacted, That a Delegate to the Congress o^^ n^J.^J'of ""aepr^- the Confederate States to serve during earh Congress, may he elected by gyn„^,i^eg of 'tbo the voters qualified to elect members of the Legislative Assembly, who Confederate States shall be entitled to such rights and privileges as may be provided by tlie'o ^"^ elected, constitution and laws of the Confederate '"States. Tlie first election ^'''il^^jJi^'H^il^g^^Jf 'if be held at such time and places, and be conducted in such manner as the ^"" ' "- ^ ' ' Governor shall appoint and direct; and at all subsequent elections, the time and places, and manner of holding elections shall be prescribed by law\ The person having the greatest number of legal votes shall be declared by the Governor to be duly elected, and a certificate thereof shall be given accordingly ; and such delegate shall receive mileage at the rate His nii:o:ige ard of ten cents per mile, and eight dollars for each day's attendance at the P"-^'- session of Congress. Sec. 15. And be it further enacted That temporarily, and until other- .,j;;'JYhJ*^idicL^l wise provided by law, the Governor of said Territory may define the 'Lidi- (U^tricls, imd a's- cial districts of said Territory, and assign the judges who may be appointed e'v^n the jud-cs to for said Territory, to the several districts, and also atipoint the times and tiiom. &«.; b.u the places of holding courts m the several counties or snb-divisioiis in eacli ot j^,^: ^^.^^ .^^^.^^.j^^j,. said judicial districts by proclamation to be issued by him ; but theLeg-ity or ovga:ii;'e islative Assembly at their first or any subsequent session may alter, modify such judicial dis- or organize such judicial districts, and assign the judges, and alter the times ''" '' and places of holding the courts as to them shall seem proper and conve- nient. Sec. 1G. And be it f urther enacted, That the constitution and :dl laws 5':'''5'\'£''p"°J^ of the Confederate States which are not locally inapphcable, snail have tlie estc.,(]c,j over said same force and effect within the Territory of Arizona as elsewhere within Territory, the Confederate States. Sec. it. And be it further enacted, That the provisions of this act be, Provisions of this 1 1 1 11 •! 1 i\ • 1 , f 1 /I !• T i. Oi. J fict suspuTidcd till and are hereby suspended until the rresident ot the Contcderatc Estates pj,Qj,;jyjj^ 3j,^]j j^. shall issue his proclamation, declaring this act to be in full force and oper- sue his proclair.a- ation, and shall proceed to api>oint the officers herein provided to be ^j"" "">' appuiut . . * the oniccvs appointed in and for said Territory. Approvkd January 18, 1862. OnAP. XLV. — All Act to provide for raising and orrfanizliKj, in the Stnic of Misnouri, 1802, Jan- 22. additional troopa for the provisional army of the Confederate States. The Congress of the Confederate States of America do enact, That President author- the President be, and he is hereby, authorized to nominate, and by and i'-'^d to appoi::t •,1.1 1 • 1 , f i-\ i • J. i , ." . uiaior ceneritl and With the advice and consent of Congress, to appoint and commission in brigadier i^cncrttls the provisional army of the Confederate States, one major general and to The command of such brigadier generals to the command of troops, now and hereafter to troops in Missouri. be raised and organized for the provisional army in the State of Mis- oari, as he may think proper. 148 PROVISIONAL CONGRESS. Sess. V. Ch. 46. 1862. • Pay. Sec. 2. All officers appointed under tlie provisions of this act sliall be Staff. eutitlijd to receive pa.y from the date of their respective appointments, The officers ap- and shall be allowed the usual staiT appropriate to their rank ; and shall pomto.l til be as- j^g assigned to the duty of raisin -ius'.iidrftiite. in the field at the earliest practicable period. Commtnccmcnt Sec. 3. This act to take eifect from and after its passage. ^^ ^^^- The foregoing act, presented to the President on the 9th of January, 1882, was not approved by him, nor returned to the Congress within tea days ( Sundays excepted J after being presented to him; it therefore became a law on the 22d January, 18G2. Jan. 22, 1862. GnAP. XLVI. — An Act t'l ame:id an act entitled "An act to raise an additional military "" force to verve dnriny the mar," appioved Mity eighth, eighteen hundred and sixty-one, and fur other purpoaci. Volunteers under 2/je Congrexs of ths Confederate States of America do enact, That .f! .ic (> .lie -> YQiuntQPj-H offering; their service under an act entitled ''An act to raise tool, m;fv Ijii ac i i ■ • i -^ n i • i c'pted singly as an additional miliary lorce to serve during the war, approved May we!l as in compa- eighth, eighteen hundred and sixty-one, may be accepted by the Presi- "'"^' ^' dent singly as well as in companies, squadrous, battalions or regiments. F.eld and com- Seo. 2. In all appointments of officers raised under this act, the field pmv iiflicers. how and company officers shall be chosen and appointed in the manner pre- cliuien and ap- gyrij^gfi by the act entitled " An act providing for the granting of bounty and furloughs to privates and non-commissioned officers in the provis- lOGl, Dec. 11. ional army," approved December eleventh, eighteen hundred and sixty- V;.ueancics filled ^^^g . j^^j .^\\ vacancies occurring in the said offices after the first election o^'iH-i" to Tado™*'^^^ under this act, as well as under the act entitled "An act to raise ftti; f »aiority. an additional military force to serve during the war," approved May ICi, Mays. eighth, eighteen hundred and sixty-one, shall be filled by promotion, 13';,, Doc. il. according to grade and seniority, as provided in the said act of eleventh December, eighteen hundred and sixty-one, except in case of disability ^ li'.ile of promo- or Other incompetency : Provided^ however, That the President be ^''' '\.f^\. '^" . "authorized to depart from the prescribed rule of promotion in favor of tV.'orof any person ^°,y pc'i'-on specially distinguished by his commanding general for extra- epo •,".iily (lis ti n - ordinary merit or some signal act of military skill or gallantry. giii^hecl. ^ Sec. 3. Any vacancies occurring in the ranks of companies mustered cf^rt^ia conipanic- '^^^^ ^^^ Confederate service for three years or for the war, may be filled rA:iy be filled by by volunteers J and the commander of each of said squadrons, battalions ""i^'J*^*^*^'^' . or regiments, organized as aforesaid, may detail one commissioned officer vatca' may "^be ^de- ^"'^ ^"^ non-commissioncd officer, and one or more privates, from each t.lled to recruit company of his' command, with the approval of the brigadier general of f ii- companies. the brigade to which said squadron, battalion or regiment may be attached, to recruit men for said company; so that the same may contain not more Ivosruits to be than one hundred and twenty-five, I'ank and file ; and the men so recruited r.'ir^f „ "i'' * f shall be mustered at the time of enrolment and shall be entitled to trans- t..Ln8 (;J enrolment. . i i • • r. i • -n i • • Transportation portation and subsistence, or commutation oi subsistence, till they join and subsistence, thf-ir respective companies, and to fifty dollars bounty, to be paid at the ''""'^" time of joining the same. President may ^y^o. 4. The President be, and he is hereby, authorized to appoint and ft]"POuit and com- •• ijiixc ,.•,.• ■ L j «n'.x^loii persons as Commission persons as neld othcers or captains to raise regiments, squad- Celd officers or c;ip- rons, battalions or companies, and the individuals comprising the same tains to r,iise rogi- shall be mustered at the time of enrolment, and be entitled to pay, trans- ^iouls, squa' ron;?, pQ^tation and subsistence, from the date of the organization of com- Tfacir pay. panics; but the officers so appointed by the President shall not be enti- PROVISIONAL CONGRESS. Sess. V. Cn. 47, 48. 1862. 249 tied to any pay or allowance until their respective commands be fully organized and reported to the Secretary of War; and said appointments When said ap shall expire if the officer appointed shall not, within a reasonable time, '^'^"?^™*^°^^ ^^**' not to exceed two months for a company and four months for for a bat- talion, squadron or recriment, report the corps authorized to be raised by him, organized and ready for duty: Provided, nevertheless, That every Oflficer to receive officer so commissioned for such purpose, shall receive an appointment |^"^°|J.^j'^^'*™j^°^^^ proportioned to the force he recruits : And provided, fnrthr.rmore., That form be recruit!!. no enlistments under the commission of captains shall be obligatory, Wlicnculistracnts unless the number be sufficient to constitute a company. ""''®'" ^^^ commis- Approved January 22, 18o2. not obHgaiory. Chai\ XLVir. — An Act to nnthoHze the appoinfment nf officers of ariiUe-y in Orleans. Jin. 27, l. The whole expense of the assaying establishment s^al^^e J^^^efray^^^^^^^ defrayed by the assayer ; and in order to defray tlie same and to receive jng "establishment. a reasonable compensation for his services, he shall be entitled to retain Compensation. fnmi all metals or ores submitted to him for assay, such scignorage or charge as will enable him to receive an annual salary not exceeding three thousand dollars. Seo. 4. It shall be the duty of such assayer to keep in good order the To keep in Rood rooms 01- buildings, tools and other property, and to restore the .'^ame ^^^''^^.^iXV^rV^lxfy. the Confederate States in like condition ; he shall hold his office for two Tenure of office. years, and may eriioloy under him, at such rates as he may agree upon. May- employ ■' , 1 j'- J- • rr 1 c*. w-irknien and lu- such workmen and interior oflreers as he may see tit. _ ^.^^j^^, ^^^^^^_ Sec. 5. The said assayer shall, from time to time, as he may be required ReprV of his by the Secretary of the Treasury, m'lke an accurate report of all pro- proceedings, ceedings at his office in such form as may be required by the said ^^^'^^- y^^^^l\^l[^^'^ H'^ tary; and he and his officers and subordinates shall, at all times, be ,,„),je(,|tp orders of subject to such orders and regulations as said Secretary may, from time tho Secretary of X 1- 1 J- i. tho Treasury, to time, make or direct. ■' Approved January 27, 1802. Ch VP. LIV. — An Act to atilhnrizn the change of the nnmcs nf veacls in ccrtyin cases. j^^. 27, 1862. TJw, Co 11 f/r ess of the Confederate States of America do enact, That Change of names it shall be lawful" for the purchaser of any vessel, sold under a decree of ''^ vessels, court as prize of war, to alter the name thereof, and to bestow on the pame such name as he may deem proper; which change of name vshall be duly certified, on the juipers and titles of such vessel, by the collector of the port where such sale was made. Approved January 27, 1862. 254 PROVISIONAL CONGRESS. Sess. V. Ch. 55, 56. 1862. J;in. 27, 1SG2. Chap. LV. — An Act to provide for recruiting covipanies tioic in the service c-f the Cun- — federate Stales for twelve months. Recruiting of The Congrcss of the Confederate States of America do evact, That companies of vol- j^jj companies of volunteers, now iu the service of the Confederate States unteers now m the , ^ -. 4 f. ^u i. x- x i xi, 1 -^ i l service for twelve under eulistmeut lor the term ot twelve months, may be recruited by mouths. enlisting, or receiving volunteers for three years or the war, to a number not to exceed one hundred and twenty-five, rank and file, and companies Companies re- so recruited shall, at the expiration of the term of service of the origi- cruited may elect jj.^} company elect their commistuoned officers; and vacancies thereafter their commissioned • • .1 • • i a o 1 •• 1 n i x?n i officers. occurring in the commissioned oihces of such companies, shall be tilled Vacancies, how by promotion of said commissioned officers, except that vacancies in the *^'''^'^- lowest grade of such offices, shall be filled by election. Officers and pri- Sec. 2. The colonel ov commanding officer of the several regiments^ Tm*^^ J^!.L,Mtff!!i^'^ttalions and squadrons enlisted for twelve months as aforesaid, may tailed to reeruirtor 1 , _ ■> j companies. Enti- detail One commissioned omcer and not exceeding two privates oi each tied to transporta- company, to recruit for their respective companies, and the officers and *'""■ privates so detailed, shall be entitled to transportation while so engaged^ Pav and bounty ^^'^ ^^^^ recruits SO enlisted shall be entitled to pay, transportation and ofenUsted recruits, subsistence from tlic time and pla:c of enlistment, together with the sum of fifty dollars, as a bounty, upon joining their respective companies. Original vohin- gj-p_ 3_ rj^he original volunteers, in such companies, re-enlisting, toers may reenlist j. . ,1 , n .-, . .-.i i ,, * , -i- o .-l in the companies ^^'^o™!'^? ^0 the terms 01 the act entitled "An act providing lor the to be recruited. granting of bounty and furloughs to privates and non-commissioned offi- cers in the provisional army, may re-enlist in, and form a part of the companies to be recruited as herein provided; and when all the compa- nies composing the regiment, battalion, or squadron as aforesaid, shall by recruiting as aforesaid, or by re-enlistment and recruiting, as aforesaid, have attained at the date of the expiration of the term of service of the orig.nal companies, the number required by law for a company, the To whatjuimber number and designation of such regiment, battalion, or squadron, may companies may be continue, or such of Said companies as are complete at that date, may recruited. reorganize into new regiments, battalions, or squadrons, or attach them- selves to other regiments, battalions or squadrons ; and in all such cases- the field officers shall be elected, and vacancies thereafter occurring in such field offices shall be filled by promotion, as directed by the act afore- said. Sec. 4. Companies organized by re-enlisted twelve months volunteers, under the act aforesaid, may be recruited to the number of one hundred and twenty-five, in the manner prescribed in the second section of this act. When tha recruit- Sec. 5. Whei'c, at the date of the expiration of the term of service <>1 men of one com- gf ^]^q original company, the number of recruits and enlisted men may i.:iny may combine , ^ > .1. • • 1 • 1 /> • -i -i. j with therccruits of ^'^^ amount to the minimum number required tor a company, the reerui tea other companies so men may combine with recruits of other companies in like situation, so :!s to form com- as to form complete companies; and in default of such combinations, the ^ Vhe'n" recruits ^^^'^ recruits may be assigned or distributed to other companies, from the may be assigned to State in wliich such rccruits were enlisted, -ther companies. ggc. G. The Secretary of War shall make all needful rules, to carrT liulea to carry • l £c t. i.i x> • • ■ this act into effect. ^"^0 oftect the foregoing provisions. Approved January 27, 1862. •Tan. 27, 18C3. Chap. LVI —An Act for th,-. reli'-f of the Stale of .Visiour-i. Advancement of ^hr Congress of the Confede)-'hte States of America do enact, That $1,000,000 in Trea- the Secretary of the Treasury is hereby directed to issue to the State of PROVISIONAL CONGRESS. Sess. V. Ch. 57, 53. 1862. 255 Missouri, upon the application of the fund commissioners for said State, sury notes to tbo one million dollars in treasury notes, upon the condition that the said State of Missouri. State of Missouri deposit with the Secretary of the Treasury of the Confederate States an equal sum in the bonds of the State of Missouri, authorized to be issued under an act of the Legislature of said State, entitled " An act to provide for the defence of said State, and for other purposes," which bonds shall be held by the Secretary of the Treasury until the accounts of the State of Missouri for advances made for mili- tary purposes are adjusted as Congress may direct. Sec. 2. That upon the final adjustment of the accounts of the State ^^^^^'Jj^^^^^^^J'^D'^^to of Missouri against the Confederate States, the sum hereby advanced ,,nj,,„„t j^^,^,„j^jj„q shall be deducted from the amount found due to said State. .-m/iln< mi adfiancH made by them to Maj >r General Leant- das Polh,fi)r the benefit nf tht public "crvirc. Wherea.s, it appears from the communication of the President of the Preamble. Confederate States of America, of the eleventh of January, eighteen hundred and sixty-two, that the following sums are respectively due to certain banks in the city of Memphis, Tennessee, for interest due on certain moneys by them advanced to JMajor General Leonidas Polk, for the interest of the public service, viz : IJank of West Tennessee, two thousand seven hundred and sixty dollars and ninety-four cents; Bank of Memphis, one thousand fifty dollars ; l^ranch of Union Bank, one thousand three hundred dollars and sixty-six cents; Branch of State Bank, six hundred and sixty-four dollars; and Planters Bank, six hundred and ninety dollars and eighty-three cents, amounting in the aggregate to the sum of six thousand four hundred and sixty-six and forty-three one hundredths dollars, the account of which, as being due to said banks, respectively, as above set forth, is approved by ^Injor General Leonidas Polk, and its payment recommended by himself and the Secretary of War ; Therefore, The Confjrctix of the Confederate States of America do enact. That Appropr'ation to there be appropriated out of any money in the Treasury, not otherwise f^c banks at Mea.^ appropriated, for the year ending on the eighteenth day of Februarj', phis. eighteen hundred and sixty-two, the sura of six thousand four huu- 17 25S PROYISIONAL CONGRESS. Sess. V. Ch. 65,66,67. 1862. dred and sixty-six and forty-three one hundredths dollars 5 -which said sum shall be distributed by the Secretary of the Treasury amongst said several banks, respectively, in accordance with the amounts so shown to be due to them by the foregoing statement. Approved February 3, 1862. F^'b:-aary 3, 16C2. Chat. LXV. — An Act 8ii])plemaitari/ to on act entitled '' An act to amend an act entitled _ ( ^,j (f(.f fQ raise an additional force to serve dxiring the war, and for other jnirposes,'" c}>2}roved May eighth, eighteen hundred and sixty-one.* Act of January The Congress of the Confederate States of Amcriea do enact, That 22, lsC2, ch. 46, § ^YiQ second section of the above recited act, requiring the election of ei^Aioa of field field and company officers by regiments and companies, shall not apply and company ofii- to companies, battalions and regiments raised under the fourth section cer^^by i-eginaenteQf gjjjj j^g^ . |jut the officers appointed by the President to raise sucli K o t' to^"ap^)W '\o ^°^^^P^^^^^''*' ^''^'^^''^^^^'^^ ''^"'^^ regiments shall be the officers of the same; cow'.panies, & c . , and tlic Commissions of such officers granted by the President, shall^ rui-ixi under ? 4 of .j^j^gQ their respective commands are fully organized, be absolute. Approved February 3, 1862. Feoraary 6, 18C2. Chap. LXVI. — An Act to amend the act entitled "An act to amend an act to provide • for the organisation of the navy, approved March sixteenth, eighteen hundred and sixty-one," approved May tueutieth, eighteen hundred and sixty-one; and an act entitled " An act to authorize the President to confer temporary rank an I command on * officers of the navy doing dniy with, tro'qis," approved December twenty-fourth, eighteen hundred and sixty-one. Ac'j? of March The Congress of the Confederate States of America do enact., That 20, and Dbo, 21, jj^g second section of an act entitled " An act to amend an act to provide g^. 1) inoludo offi- f<^i' the organization of the navy, approved March sixteenth, eighteen cera of the caariue hundred and sixty-one," approved May tvt'eutieth, eighteen hundred and **^***^* sixty-one, and the act entitled " An act to authorize the President to coui'er temporary rank and command on officers of the navy doing duty with troops," approved December twenty-fourth, eighteen hundred and sixty-one, be so amended as to include officers of the marine corps. Approved February 5, 18G2. Feiv.-Jary 10, 7iB62. Chat. LXVII. — An Act to provide for connecting the Richmond and Danville and the - North Carolina Railroads, for military purp)oses. C: -.caction o f 2'he Conc/rcss of the Confederate States of America do enact.. That th.; Kiohmoad and jj^^g President be, and he is hereby, authorized and empowered to con- Danville wita the , ' , j-.- r i.i • i • i.\. K or til Carolina tract, upon puch terms and conditions as he may think proper, with any xa;>ro;i«la for aiili- company Or companies which have been, or may be, incorporated and tary pu;poa< 8. organized for the purpose of building and working a railroad, or rail- roads, so as to connect the Richmond and Danville Railroad with the North Carolina Railroad, at such points as he may deem most advan- tageous to the government, or to adopt such other course for building or *Tho title of the act referred to in the title to the above act is not correctly set forth. The act referred to was approyed January 22, 1862. See Acta, chap. XLVI. PROVISIONAL CONGRESS. Sess. V. Cii. 68. 1862. 259 working, or having the said railroad built and worked, fo as to efiFect the said connection in the manner he may think will best promot-e the public interest. t SkC. 2. Jjf if further enacted. That, to enable the President to Appropriation accomplish the object contemplated by this act. the sura of one million '^"'^ ^^'* 1^"'"P''^«- of dollars, in bonds of the Confederate States, are hereby appropriated, to be issued and applied, by the order of the President, at such times and in such sums as he may deem proper. Approved February 10, 18G2. Chap. LXVIII.— .!« Art to orgnnhc the clciioal force of the Trtusury Dcpartmcyii. February 13, 1662. The Congress of the Confederate States of America do enact, That „ ^'■?-^°?'«'i7 of .10 L ' o A rr\ 1 1 1 • 1 * 1 1-1 . t'lf cloncal fore? the becretary ot the Ireasury be, and he is hereby, authorized to appoint- n tbe Treasury in the pcveral bureaus of his department, the fullowing clerks: In the l^^rartment. bureau of the Secretary, one chief clerk, four clerks and one raessentrer. ^ l'"'*'''" "' ^^^ In the bureau of the comptroller, one chief clerk, twenty clerks and one Of comVtroller; messenger. In the bureau of the treasurer, one chief clerks, ten clerks, OfTroaHurcr; one messenger and one assistant messenger ; and subordinate to the treasurer in the issue of treasury notes, one principal clerk, ten clerks for signing, and ten clerks for numbering, and as many cutters and trimmers as the public service may require, not exceeding ten in number. In the bureau of the register, one chief clerk, eight clerks and one Of Register ; mes.senger ; and subordinate to the register in the management of the produce loan, one principal clerk and two clerks; and tor the issue of bonds and stock and for signing coupons, one principal clerk and five clerks, and for the signing of treasury notes and issuing the same, ten clerks. In the bureau of the first auditor, one chief clerk and one Of First Auditor; principal clerk, and forty-five clerks, and one messenger and assistant. In the bureau of the second auditor, one chief clerk, forty clerks and Of 2d Auditor; one messenger. In tlie bureau of the war ta.\, one chief clerk and three Of War Tax; clerks. Sec. 2. The Secretary of the Treasury may employ any clerk on trial Clerkf! may be before his appointment for a term not exceedin"; two months ; and any 't!"'^'";^'^'^"," V"^'' ,,,,,/' n ^ T n 1 f ,' , -^ Tninplerahli; from clerk, snail be transterable irom any bureau or duty to any other, at the ouo bureau to an- discretion of the .said Secretary, and they shall all be subject to such other. Subjeot to rules and regulations a.s shall bo established by the Secretary, or by the '''^'"^' head of each bureau respectively. Sko. 8. The salaries of the said clerks shall be at the following rates Salaries of clerks. per annum, and may be paid to them monthly, or at such other period '■ds may be deemed proper by the Secretary of the Treasury; the chief clerks fifteen hundred dollars ; the principal clerks fourteen hundred dollars ; the other clerks shall be divided into two grades, of whom not mure than one half shall receive salaries of twelve hundred dollars each, and the remaider, one thousand dollars each. The cutters and trimmers, if Cnn o r s and females, shall receive salaries at the rate of six hundred dollars for the *'"''"'^"' chief and five hundred dollars fur the rest; and if males, shall receive the salary of the lower grade of clerks. The messengers shall receive a Anl mcssongors. halary not to exceed five hundred dollars. One of the clerks may bo Di.-fbur.Mng clerk: appointed disbursing clerk, and for his services as such, shall receive an Ai'iiiicnal salary additional salary of two hundred dollars. ^ °"'^"' ^^' Approved February 13, 18G2. 260 PROVISIONAL CONGRESS. Sess. V. Ch. 69, 70, 71. 1862. February 13, 1862. Chap. LXIX. — An Act to transfer the county of Attain, in the State of 3fi»sis^ipp'^ from the Northern to the Southern Judicial District of the State of llissiesijiyi. Attala county, The Congress of the Confederate States of America do enart^ That Missi.sippi.to form jjjg ^o^"*! ^^ Attala, in the State of Mississippi, shall hereafter form ern Judicial Dis- a part of the Southern Judicial District of said State, instead of the uict of said State. >i[orthern District as heretofore, and shall be within the jurisdic- tion of the courts of the Confederate States of America, held within and for said Southern District. Approved, February 13, 1862. Feb. 13, 18fi2. Chap. LXX. — An Act to pay interest due the Choctaw nation upon stocks of the State of Virginia. Appropriation to The Congrci^s of the Confederate States of America do enact, That ^h^ch^^^t^^^^ -l"^ there be, and is hereby, appropriated for interest from January the first, upon .stocks of the eighteen hundred and sixty-one, to January the first, eighteen hundred gta;e of Virginia, and sixty-two, on four hundred and fitty thousand dollars of the stock of the State of Virginia, included in (!huctaw general fund, held in trust by Secretary of the Interior of the United States, which interest has been transferred by said State to Government of the Confederate States, to be paid over to Choctaw nation of Indians, or persons empowered by such nation to receive it, twentj'^-seven thousand dollars. Approved February 13, 1802. Feb 15 1862 Chap. LXXI. — A71 Act to alter and amend an act entitled " An art for the sequestration of the estates, property and effects of alien enemies, and for indnnnity of citizens if the Confederate States, and persons aiding the same in the erisii')t(j ivarivith the United States," approved .-ivyust tJiirtieth, eiyhleen liundred and sixiy-onc. Property em- The Congress of the Confederate States of America do enact, That braced in the for- ^\\ a^f} every the lands, tenements and hereditaments, goods and chattels, TcTtif bT^old'^and i"ig^^^ ^11*^ Credits, and every right and interest therein embraced by money paid into Said act of sequestration, of which this act is an alteration' and amend- the tre:!sury. ment, shall be collected and sold, as provided for in this act, and the Cho=es in action proceeds paid into the Treasury uf the Confederate States 5 but in no not to be sold. pr^gg gj^all a debt, or other chose in action, be sold. TT Sec. 2. Beit further enacted, That all money realized under this act, Alow TTl OUGVS ' ** realized to bo ap- and the act to which it is an amendment, shall be applied to the equal plied. indemnity of all persons, loyal citizens of the Confederate States, or persons aiding the same in the present war, who have sufi["ered, or may. hereafter sufler, loss or damage by confiscation, by the Government of the United States, or by any State government, or pretended government, acknowledging and aiding the Government of the United States in this war, oi" by such acts of the enemy, or other causes incident to the war, as, by luture act of Congress, may be described or defined, as affording, To be paid into ^'^^^^ t^6 *^'i^"^"^"'^*^^"^^''> proper cases for indemnity. And all money the Treasur3% realized as aforesaid, shall be paid into the Treasury of said Confederate States, as provided by the act to which this is an amendment; and the faith of the Confederate States is hereby pledged that the same shall be Separate account refunded, as required for the purposes aforesaid. And the Secretary of thereof to be kept, the Treasury shall cause a separate account of said money to be kept in well bound books procured for that purpose. mics. PROVISIONAL CONGRESS. Sess. V. Cn. 71. 1862. 261 Sec. 3. B a it further enacted, That it shall be the duty of every Duty of persona person in actual possession of, or having under his control, any money, in the pos ession property, effects or evidences of debt, beloniring to an alien enemy, ^ >• c-mtrol of prop- epeedily to inform the receiver, and to render an account thereof, and at '"^ •^' ®'"*' once to pay over to the receiver and to deliver to him such propertv and effects, and evidences of debt, and such payment and delivery shall be made without regard to whether any proceedings have or have not been instituted to sequestrate the same. And any person who, after giving When such per- Buch information, shall fail so to pay over and deliver on demand, made ®°°8 ™*y ^^ P""®- by the receiver, shall stand in contempt, and the receiver shall at once^^^^^^ against for move the court or judge to proceed against such party as in other cases *^"'* ^""^ ' of contempt ; and the court or judge may imprison the offender until he shall fully comply with the requirements of this act. And such pay- ment or delivery shall fully acquit and discharge the party from all and every claim for or on account of such money, property, effects and evi- dences of debt. And the receiver shall give such person a receipt, speci- Receiver to give -— fyi"^ *'>e aiuount of money, the property, effects and evidences of debt receipts for money, paid and delivered, and the name of the alien enemy on accountof whom '');'^fj^jM'','P*''* the same shall be paid and delivered: Provided, That when the person """p roc7ed i'ng a having the possession or control of any money of an alien enemy, asserts ^'>'=i"e^"''hpe'"so'»« a debt or claim, against such alien enemy in his own favor, he may file it H'^inYsu h''ii°c' in writing in the proper court, swearing that he believes himself justly sifemL.'"*^ *" '^° entitled to the same, land thereupon he shall not be compelled, in the first instance, to pay over to the receiver the amcunt thus propounded and claimed by him ; but the court shall then proceed to examine and try the validity of the said debt or claim,- and decree according to the facts found, and the rights and justice of the case. And if the court decides against the debt or claim, the party setting up the same shall forthwith pay over the sum sj retained by him. And if the court shall decree in favor of the debt or claim thus propounded, and it exceeds the entire amount originally in possession of such debtor or claimant, he shall pay no costs; otherwise he shall pay all costs incident to the pro- ceedings. Skc. 4. This act, and the act to which it is an amendment, shall not Act not to avoid operate to avoid any payment, honn fide made to an alien enemy, or to^'^rtaia payments affect property of any kind, hoiia fide and absolutely transferred, or con- '''' "' /'•'^"^f";'. ^^ veyed, by any alien enemy to a faithful citizen of the Confederate States, cncLTies^'to citizen. prior to the thirtieth day of August, eighteen hundred and sixty-one. Sec. 5. In cases of partnership property and effects, the resident Resident part- partner, or partners, shall be dealt with in all respects as survivin-^ part-""^ *" ^^ .'^^.'^* ners in cases of a dissolution of partnership by the death of one o^r more paituers.'"''^''''"* of the partners, according to the laws of the place of the principal place of business of the partnership; and the receiver shall have the same remedies against such resident partners as the representatives of a 4 deceased partner would be entitled to in like case. Sec. (). The following persons shall not be taken to be alien enemies Who not to U under this act, or the act to which this is an amendment : ^"■l^®" ^^ alien ene- /V/-.s^ Persons who now have bona fidr hceome permanent residents of "'*"'■ any State of this Confederacy, and are actually residing and domiciled within the same, yielding and acknowledging allegiance thereto, and who have not, during the present war, voluntarily contributed to the cause of the enemy. Second. All persons born within any State of this Confederacy, or natives of a neutral country, who since the breaking out of the war, have abandoned their domicils and ceased their business in the enemy's country, and all persons aforesaid who have bona fide commenced, or attempted to remove themselves and effects from the enemy's country 362 FPwOVISIONAL CONGRESS. Sess. V. Ch. 71. 1862. and wlio have been, and still are prevented from completing said removal by the force or power of the enemy, or who from physical infirmity arc incapable of removing. Third. AlI^ubjects or citizens of neutral countries who cannot be shown to have voluntarily contributed to the cause of the enemy, and all persons who, though citizens of the enemy's country, have abandoned that country on account of their opposition to the war, or sympathy for the people of the Confederate States. Fourth. All married women natives of any State of this Confederacy who, or wiiose husbands shall not be shown to have voluntarily contrib- uted to the cause of the enemy. All persons noiy compos inevtis, and all minors whose fathers or mothers, were, or are, 'natives of this Con- federacy and whose property and persons are controlled by guardians resident in the Confederate States, and who have not voluntarily contrib- uted to the enemy's cause; and all minors under the age of sixteen 3'ears, who were born in any State of this Confederacy, or in any State exempted from the operations of this act while their parents were domi- ciled in such State and who have not taken up arms against the Confed- erate States. Fifth. Free persons of color, who, by the laws of any State have been compelled to remove beyond the limits thereof, and are by law prohibited from returning to such State, and who have not in anywise aided the enemy. When P'"0P"fy Sec. 7. The next of kin in the direct ascending and descending lines of alien enemies p • i ,. i ■ . ,. r. ^ r^ n i r? may be decreed to 01 any alien enemy, taithtui citizens or any of the Confederate States, tbcir next of kin. or engaged in their military or naval service shall be entitled to have decreed them (they paying all costs ) the property, effects and credits of such alien enemy as if dead, intestate, leaving no other heirs or dis- Witli what debts tributecs, chargeable, however, in their hands, as in case of administra- htndT''^^*''°'^^''^*'^°" ^^ ^^^"'^^'P' '^^^^^ *^^^ debts of such alien enemies due to faithful citizens of any Confederate State. b ^reteiyerr^'''^''' ^^^^ ^^ ^^^ ^^^^^ ^^ property Under this act shall be made by the ^ '^^"^ ' receivers at public auction to the highest bidder and on such terms and such notice of the time and place of sale as the court may prescribe, and Report to court. gj^.^jj ^^ j^j^ reported to the court by such receivers at the term next Conveyance of after such sale ; but no conveyance of title shall be made to the pur- title to purchaser, ^ly^^^^ ^f ^\^q property until the confirmation of the sale by the court and the payment of the purchase money according to the terms of the sale; When sale may ,^^^ ^^ ^^j^ gj^^jj j^^ valid until reported to, and confirmed by the court ; be confirmed. in i i r> i -i ^ i n i i i- -i When set aside for Qor shall any Sale be contirmea until the terms shall have been complied fraud, Ac. with ; and the court may set aside such sale for fraud, want of proper notice, or any material irregularity, or wherb it shall appear that the receiver was the purchaser or interested in the purchase, or for substan- Proviso. tial inadequacy of price: Provided, however, That sales of personalty may be reported to, and confirmed by the judge in vacation. When sale of Sec. 9. The Court may, in its discretion, when special circumstances ddayed' b'y^^the'^^'^'' which temporarily depress the value of the property, delay the court. order of sale, or may direct the receiver to examine and report whether it would be expedient to make an immediate sale of such property, and on such report, or other satisfactory evidence, showing that a delay in the sale would tend to secure a fairer price, may order such sale to be delayed, „ . . and in all such cases the court may, in the case of real estate, or of a receiver to lease P^^'^'^^'^tion and slaves, order the receiver to lease the same on such terms real estate, &c. as the court may prescribe. Where an alien Sec. 10. In cases where an alien enemy may have Contracted in writing, enemy contracted! f .i ■ . r. , i p t,t • i , i i i ^ ■ , ? in -writing, before t>6iore the twcnty-first day 01 May, eighteen hundred and sixty-one, to May 21, 18G1, to Sell real estate to a citizen, or citizens, of this Confederacy, and to make title PROVISIONAL CONGRESS. Sess. V. Ch. 71. 1862. 363 tipon payment of the purchase money, the court, in decreeing se((uestni- b-U rfal esfaJe to tiou of the said purchase money, or the residue thereof unpaid, s^'^^' *f ^^^^J^''^' t'|.^,^'t further decree that the receiver of the district, in which said real estate: ,5^,^ bemadcfcTthe is situate, shall, upon payment of said purchase money, or the residue purchaser or Lis thereof, as aforesaid, make title for such real estate to the purcluiser or a*Hgn«:o. his assignee. Sec. 11. The court shall audit and pass on the accounts of the receiver c*:«rt to aii?it as provided in this act, and the one to which this is an amendinont ; but an* ^psss ^on ^the in lieu of the compensation and allowances therein provided for, ^^^^^^^ cci^^frs." allow such compensation as shall to it seem reasonable and just, follow- Cotnjvensatior.of ing, in this respect, so f\ir as may be applicable, the analogies furnished rccciveT*. by the laws of the State in which the court is held, concerning com- pensation to executors, administrators and trustses j and the court shall further allmv to the receiver all proper expenses attending the execution of his office. And all lees and allowances passed by the court in favor Thrir foes aj4 of any receiver may be retained by him from any money in his hands; * '"wancis. and all fees and allowances to any receiver beyond the rate of five thou- Kxceaa over ^^r- , , ., . ,/ •" ,, • J -L u 1 i- il, 'a»n amount to ba sand dollars per annum, except for expenses as atoresaid, shall be torth-^^j^^ iaK.theTroa- with paid by him into the Confederate Treasury, to the use of the Con- ,«ury. federate States, and shall be brought into, and stated and accounted for in his next account of settlement as receiver. Skc. 12. The court shall appoint an attorney for each section in which Appoiofment »£ the court shall bo holden, and in which no attorney of the Confederate ^^^^'^[^"^yjf. J, ^;;-^ States resides, whose duties it shall be to discluirge, within said section, the duties imposed on the attorney of th * district by the act t^> which this is amendatory; and the compensation of such attorney so Componsaticn. appointed shall be the same ibr business by him done as is now provided by ninth section of said act for the district attorney. Skc. 13. The receiver shall, in all cases, take the possession and control RK>tiver3to ^I'-o of the monev, nroncrty and effects of alien enemies, and of such chores in P'J8se»a»^n:^Q''c"i , •,, I ! y , , /. , xi • 1 4 1 trot of inoncv, action as shaii be in the hands of any agent or thud person, except w lien j,^.,,^,.;^, a©, otherwise provided by this act, and, on being refused possession, shall sue^ Mi:.y buo foir ito for the same, and such {wssession shall not be withheld on any pretext of same. any provisions of the act to which this is amoiiHatory. The court may Vtdct wtiat rir- order a delay in the sale of property when it shall be necessary to com- '^)||;'^','^'^^®y^^f^,^,;'^ plete or gather a growing crop, or when it shall be otherwise manifestly to gaio of propcry. the benefit of the" Confederate States to delay the sale; but in all such cases the possession, ccmtrol and management shall be with the receiver, or under his control and authority. And in the collection of debts or Rialc eUy h-n chv)ses in action, no State stay law shall govern, but the same shall be gov- ""t. ^'^jS^'j^^^^ ^^^ erned by this act, and the one to which this is an amendment, so far as the ^^'^l^^^ ^^^ icn latter does not conflict with this act. Sec. 14, It shall be the duty of all persons owing debts to alien enemies, Powns o^t'u;; within three mouths from the passage of this act, to give information f^.^^VoVivrin'r. r ■ thereof to the receiver of the district in which he or they reside, and in ^yMion vhero :' : » case of corporations or joint stock companies, to the receiver of the dis-writirg, nnd-r trict in which the principal office of business of such corporation or <"^'"- p^'j^^^'g', '° *^'® "^' pany may be; and siu-h information shall be in writing and sworn to by the debtor, and in case of corporations or joint stock companies, by the principal oilicer of such corporotion or company, before any judge of a court of record, justice of the peace, notary public, commissioner of the court or receiver undeiuthe act to which this is an amendment, and shall set forth the name or names of the creditor or owner of such debt, the amount he owes or owed on the thirtieth day of August, eighteen hun's shall be had as in the oi'iginal cause ; and in case the defendant shall suggest in his answer that the debt due by him or her is claimed or owned by any person not an alien enemy, setting forth the name of such Citation to 'issue claimant, his place of abode, citation shall issue to such claimant to appear <-3 ciaimant. and propound his claim on oath at the succeeiding term of the court; and in case he is absent from the district in which the court is held, or cannot Order of publi- be found, publication slialibe made for the sjiace of one month in some O'^^ion- _ newspaper best calculated Vo apprise such claimant to appear and propound Glaiuiaut failing his claim ; and if such claimant shall fail to appear, his chim shall be t;> appear, ,Ve. barred. On the appearance of the claiinant, the court shall direct an i.«sue cliim?'' ^'^ ^^^' ''" ^'^^ *'y ^^^ ^■^''^^' ^'"' ^^'''" '■^^'^ard the costs against the claimant if the claim Proviso. be uiifounded : Provided, That the entire ansvrer shall be considered by the court. Proceadinga g^^. IG. All proceedings now pending under the act to which this act C"*^of Vugust ']o' ^^ ^^^ amendment, .shall be made to conform to the proceedings directed in I8fil-, to conform this act, SO far as practicable, and the judgments rendered therein shall be to this act. given in all respects, and have the same o])eration and elfect as judgments Judgments under 'T^^j^gj.^j under the fourteenth section of this act. fia.id act. ^. :_ T 11 !■ • 11, ^ I- •^ p i • •Debtors who fiil '^^^- '^'' ^" ''''' pi'O^eedings against debtors who rail or refuse to give er" refuse to give iidbrmation of their indebtedness within the time prescribed in this act,. PROVISIONAL CONGRESS. Sess. Y. Cii. 71. 1862. 265 and the debtor shall be broiijrht before the court by process, the costs of inform at i on of the proieedinir shall be adjudged against su.di debtor, in case he is found ^'^^"■' '''•''"'''^"^^^• to be indebted to any alien enemy ; and if it shall appear to the court, on p"/,,"^ f,! Tiugl the trial of any cause against sucdi recusant debtor, that he has wrongly against tbim. and wilfully refused or failed to give information of his indebte.biess, o^to state the true amount thereof with intent to himler, evade or delay the execution of this act, or the act to which this is an amendment, or the jury, in any cause or issue tried by them, shall certifv that such debtor has wilfully failed or refused to give* information of his indebtedness, or tlie true amount thereof, with the intent aforesaid, the court shall award exe- ^^^° execution cntion against such debtor on the decree or ju.lgnient for tlie whole amount ^r.^^n,!'^Ue!wor ot the debt and the interest due thereon, together with the costs; in all the whclo nmount other cases, however, execution shall be sta\ ed until the peace aforesaid "* ^^'^ '^"'"' '"^®'"" except f(ir interest which shall ac-crue. " ' est and c>.?t.s. S lie. 18. In cases where proceedings shall be instituted to sequestrate In other cases judgments or decrees already rendered, or of claims or debts upon which *^^«'^tion stayed, actions or suits may be pending, the court may, after the decree of seoues-'"'^^'''^'""'"'"^®'"*''- ■ tration, allow the receiver to prosectute sudi suit, action, deciee or judg- prosecute suits, . ment, in the name of the Confederate States of America; and in cases of J'^dgmenfs, Ac, in suits or actions pending, or decrees or judgments rendered in the State '!""• """!'' "[ **"■ courts, wliere, by the laws of such State, it may be admissible, such of stu st" tSr' receiver may introduce the Confederate States of America in the proceed- C. S. may bein- ings as a party to prosecute such suit or action, or enforce such decree or *'"''*^"'^'"^ ''^ " P*''*^ judgment; but in such cases execution shall issue for costs and intorest ""exccu Uon in only until further provided by law, or twelve months after tlie conclusion such cases to issue ot peace as aforesaid. only for costs, &c. Sec. 19. Attorneys, agents or trustees of any alien enemy having claims ^•'^'™' "^ *""'"" for fees or commission on the fund or assets in their hands," shall, on deliv-See.'''i>7*'alirn ery ot such fund or assets to the receiver, make out their accounts for enemies, for fees or .such claims or commissions, and the court sliall consider and allow the*'"'"™'*'''*''"'^""'^® same, if just and reasonable, to be paid out of such funds or assets; and S mVbe'ii- ' where counsel are already engaged in prosecuting such pending suits or lowed by the court, actions, the receiver shall be authorized to allow them to continue to pros- ecute such suits or actions for the Confederate States of America. Skc. 20, The'rate of interest to be paid bv debtors sliall be regulated R=»*c "'' interest by the contract, if by the terms thereof the rate of interest sliall be fixed l^^"" ^'"''^ ^^ and if no interest shall be tixe.l by the contract, then the rate shall i,e " according to the law of the place where the debt is to b-- ].aid or the con- tract perfoi'med ; and the judgment gr decree shall bear the same rate of Judgmcntor de- uiteiest fixed by law or the contract, and the same shall be punctually paid '-''■'"' '""^ ^^<' ^'^^^ at the end of each year, or execution shall issue for the same. ' ■ ''"''^' Skc. 21. In no case shall the judgment or decree be a lien on the prop- Judgment or de- erty of the debtor; but where tlie court shall award execution under tins"'''' ^^ ^'^ "'* ^''=° act tlie property of the debtor shall be bound, from the delivery of the writ. "" P'^P^^'^' Sec. 22. The court, or judge iu vacation, shall have power to award Execution may execution on any judgment or decree, in addition to the cases of recu- "^^ awarded in va- cant debtors, where the receiver shall make oath that the debtor is ^.'^rfliuduienfly fraudulently concealing or disposing of his effects, with iutont to evade cot/ceali^^ or di/- tjie judgment, or is about to remuye his effects beyond the jurisdic-PO'^iuj^' "^ ^'^ ef- tion of the court, but such execution shall be discharged on the defen- '"'"''• dant's giving security to the satisfaction of the court, for the performance or payment of the decree. ' Si;c. 23. In proceedings under this act, and the act of which it is Process and pro- ' amendatory, upon affidavit being made by the attorney representing the feedings where the Confederate States, or the proper receiver, that the "name of an "alien """"^ "' ^" ''•'^" enemy is wholly or partly unknown to him, or that the names W" the nares'of thomem! members ot a partnership of alien enemies are unknown to him, the ^ers of a partner- 266 PROVISIONAL CONGRESS. Sess. V. Ch. 72. 1862. thip of alien ene- pi'ocess and proceedings may be against such partnership by the firm miesare uukuown. ijg^j^g thereof, stated in 'such affidavit, or against such alien enemy, whose name is wholly or partly unknown, by such name or proper description as may be known and set forth in such affidavit : Provided, Proper n a m o That the couvt may, at any time, on motion, cause the full and proper uTe reconr whcu "'^™® ^^ ^® inserted in the record, and used in the proceedings when ascertained. the same becQme known to the court. Receivers may Sec. 24. E(!ceivers shall have authority to administer oaths touching adminstcr oaius. ^^^ matter incident to proceedings under 'this act. ■, c^?^' -^^ /^^^^' ''^' *^EC. 2.5. The sixteenth section of the act to which this is an amend- loDl, 6 IG, icijeal i. • u i i i Q,j,_ ment, is hereby repealed. Bonds and trea- Sec. 2G. All debts due to any alien enemy may be paid in the bonds sury notes receiva- and treasury notes of the Confederate States, and the same shall be received in payment for all property sold under this act. Fees of clerk.s Sec. 27. The fees of all clerks and marshals shall be the same for and mar.=hals. services under this act, and the act to which this is an amendment, as are allowed for similar services in the courts of the Confederate States, and .shall be a charge upon the general fund derived from confiscations, and shall be paid on the order of the court. Appointment of Sec. 28. The commissioners authorized by the fourteenth section of clerk of the board the act to which this is an amendment, shall appoint a clerk with a salary His salarv' ' "^^ ^^ fifteen hundred dollars, to be paid out of the treasury of the Cou- S.ilaries of clerk federate States; but such salary, as well as the salary of said commis- and eommi.-si jners sloners, shall be charged to the confiscation fund and be deducted charged to eonfis- xij? i-i-- in i- i •.. cation fund. thereirom ; and said commissioners shall moreover have power to appoint Appointment of commissioners to take the examination of witnesses touching the claims commissioners t o which may be propounded before them, or may summon witnesses before take exa.iniuation ^i ^ i • i u • ^ • • i ,i • • of witnesses them to be examined orally ; said commissioners, and the commissioners appointed by them to examine witnesses as aforesaid, shall have power 0<.iths to wit- to administer oaths to the witnesses and to issue subpoenas, and wit- nesses aud .«ub-nesses failing to appear shall be subject to like penalties and process as a nT^'p r oTe'^rs "^^^ '"**^ prescribed in the courts of the Confederate States against against defaulting f^cfaulting witnesses: Provided, however, That the costs of all proceed- witnesses. ipgg to take testimony shall be paid by the claimant, except in cases where the Attorney General shall apply for leave to take testimony, and Fees of witnesses the fees of witnesses and commissioners shall be the same as are allowed a^nd commission- iu the-courts of the Confederate States in like cases. Settlements o f ^EC. 29. So much of ti.e act to which this is an amendment as rec-ivtrs to em- requires the receivers to settle separately the estate of each alien enemy, reacr ''f' °^*,Ih'^^ ^^ repealed, and hereafter each settlement shall embrace all the matters ment. " ' ready for settlement ; but the items of the account shall be so specific Items of account as to show the .sources from which each is derived. *°j'^/f^'l'^*'^' '^^*^" '^'^' ^^^^^^^'<^ ""y judgment has been entered up in any of the tered ^uad'r'' t h'^e courts of the Confederate States under the act to which this is an act of Aus,'. 30, amendment, inconsistent with the provisions and spirit of this act, the 1861, inconsistent same, on motion, shall be set aside or amended in accordance with the wuh this act shall . i • • r. ,i • . beset aside or^^'^^ ^"*^ provisions 01 this act. amended. Sec. 31. The provisions of the act to which this act is an amendment, Provisio n s o f so far as the same may conflict with this act, are hereby repealed. said act eonliictiug . -^ , "^ , ^ _, „ J i- with this aet ro- APPROVED February Id, 1862. pealed. February 15, 1S62. Chap. LXXII. — An Act to establish certain po>na. Lewisvillc, Rich Hill Cross Roads, Ceda*- Shoals, Landsford, to Coats' Tavern, in the State of South Carolina. 'Twenty-ninth From Shelby Depot, on the Memphis and Ohio railroad, in the county of Shelby, in the State of Tennessee, to the town of Portersville, in Tipton county, in said State- Thirtieth. From Statesburg, via Providence, Harmony Col- lege, Bradford Springs, to Mill Grove, in South Carolina. Thirty-firft. From AVcdowee, Alabama, to Corn Grove, via Abicochee, in said State. 2G8 TROVISIONAL CONGRESS. Sess. V. Ch. 73, 74, 75. 1862. In Georgia and Thirtij-Recoud. From Abernatliy, Alabama, to Bowdon, in the State of ^'?*'''m''\u r Oeois^ia. Thirti/-third. From SVHacoQ-o-a, Alabama, to J. J. Richaids', in In North Garo- ^ , ^ .•'.,_, ^; . ;^'^ , _^ ' .,, ^, ' Una. Coosa (:oiiiit3% in Paul State, llurly-tourth. i'rom Copperville, Cherokee county. North Carolina, to Aqiione, Macon county, North Carolina. Approved P'ebruary 15, 1862. February 15, 1862. CnAi-. LXXIII. — An Act for the relief of the State of Missouri. Advancement to The Congress of the Confederate States of America do enact. That the State of ML- ^],g g^c.^tary of tJie Treasury is lierebv directed to issue to the State of Missouri, upon the application of the fund commissioners for said State, Condiiion. one million dollars in treasury notes, upon the condition tliat flie said State of Missouri deposit witli the Secretary of the Treasury of the Con- ^ federate States an equal sum in the bonds of the State of Missouri, authorized to be issued under an act of the Legislature of said State, entitled " An act to provide for the defence of the State of Missouri, and for. otiier pui'poses," whicli bonds shall be held by the Secretary of the Treasury until the accounts of tlie State of Missouri for advances made for military purposes are adjusted, as Conajress may direct. To bcat'counted gg^_ g. That upon the final adjustment of the accounts of the State of for on aujusimetit , ,. . • , i /-, /• , '/,, . i i i i i i n i of account?! of said -Missouri agamst the Coniederate States, the sum hereby advanced shall be State against the deducted from the amount found due to said State. c s Approved February 15, 1862. February 15, I8C2. CuAP. LXXIV. — An Act supjjTemental to "■ An act to put in operation the Government — — under the Permanent Constitution of the Confederate Stales of America," ajiproved May 2lst, 1861. Provision to put The Congress of the Confederate States of America do enact, .That Governmenuindor ^" ^^^^ assembling- of the Senators elected under the provisions of the the Permanentl^enuanent Constitution of the Confederate States, according' to tlie direc- Constitution. tions contained in the above recited act, it shall be the duty of the Vice Duty of t h e President of the Provisional Government to call the Senate to order, tb^e p^rovitional '"^I^P*^'"^ ^ ^^^^^^^'y *^^ ^^^^ ^®"^^® ^''^'' ^^'"^ ^^'"® being, administer the oath Government t o 0^ oftice to the Seuatoi's, and preside over the body until tlje President of call the Senate to the Senate for the tiiue being shall be elected, as provided by the act ore er, .fee. aforesaid; and in the absence of the Vice President, the oldest Senator Duty of t li e then present shall perform the duties aforesaid. And on the assembling Cort'reTs und " ^^ ^^^*^ members of the House of Representatives, elected as aforesaid, said" Government, under the direction of the act aforesaid, it shall be the duty of the Presi- to call the House dent of the Congress of the Provisional Government to call tlie House to or or, lie. order, appoint a clerk of the House for the time being, administer the oath of office to the members, and preside over the body until a Speaker shall be ele(;ted, and in the absence of the President of Congress, the oldest member of the House then present shall perform the duties aforer said. Approved F bruary 15, 1862. Feb. 15, 1862. Chap. LXXV. — An Act to make avpropriatlons for the expenses of govcmmtnt in the -1 legislative, executive and, judlenil departments, from the eii/hteenth of February to the r_f!^-.\ i first of April, eighteen, hundred and sixty-two, and fur other purposes. for the expenses"of '^^^'^ Congress of the Confederate States of Amenca do enact, That government from the following sums be, and the same are hereby, appropriated for the PROVISIONAL CONGRESS. Sess V. Cii. 75. 1862. 269 obiepts li(?reafter exnresse • . For compensation of the I'rivate Secretary and Messenger ot the Presi- ^.y ^^^^^ mc'^senger dent, three hundred and fifty dollars. of the Pesi.lcnt. For compensation of the Secretary of State, Assistant Seciretary of State, Office ot the Seo- Clerks and Messenger, one thousand' three hundred and eighty-nine dollars '^'^'""■^ "' ^^^^' and forty-four cents. % For compensation of the Secretary of the Treasury, Assistant Secretary, Officeof tbe Sec- Comptroller, Auditors, Ti-easurer and Register, an.l Clerks and Messenger ^;^';J,'"_^' "^.^"^^ ^'''''" in the Treasury T'epartmeiit, fifteen thous.-md dollars. For iiiciileiital and contingent expenses of tbe Treasury Department, two thousand dollars. • . For compensation of the Secretary of War, Chief of Bureau, and omccofthe Sec- Clerks anil ^fessengel•s in the War Department, four thousand dollars. '"'"' '^'^ ^ For contingent and incidental expenses of the War l)epartment, ten thousand dollars. For compensation of the Secretary of the Navy, and Clerks and Mes- Officeof the Soc- sengers in his office, three hundred and twenty-five dollars. Navv'^^ For iiicidental-and contingent expenses of the Navy Department, five hundred dollars. For compensation of the Postmaster General, Chiets of Bureaus, and J;^^,f^"J^*°^^^^^^^^^ Clerks and Messengers in tbe Post Office Department, four thousand fonr hundi-ed and twentv-nine dollars, thirty-eiglit <"ents. For incidental and contingent expenses of the Post-Office Department, two thousand dollars. For compensation of the Attorney General, Assistant .\t1ornev General, Oftice of the At- „■ , ,',, . ,1 1^ ■ i f T ■ ^1 ■ 1 ii torney General. Clerks and Messenger m the Department of Justice, one thousand three hundred and fifty-six dollars. For incidental and contingent expenses of the Dejiartment of Justice, five hundred dollars. For salary of Superintenikmt of ]\iblic Printing and Clerk and Messen- /':,"P?""'«°;!^°' ger in Ins oihce, six hundred dollars. For printing for the .several Executive Departments of the govemment, Printing, eleven thousand seven hundred dollars. Judiciary. — For salaries of judges, attorneys and marshals, and for inci- •Tudgos, Attor- dental and contingent expenses of courts, twenty thousand dollars. ncy.^ . .u.'- .ii^, ic. War Department. — For tbe pay of tbe officers and privates of the army, , Officers. Ac, of 1 1 •!•.•• 1 • !• .1 .-^ ,• 1 ■ c>. 1 1' ■ the armv, supplies volunteers and militia, in the service oi the Contederate States; tor q"!0'-jjjj,| traosport.i- termasters' supplies of all kinds, transportation and other necessary tion. expenses, twenty-six million two hundred and ninety-one thousand five hundred and two dollars. For pij.rcbase of subsistence stores and commissary property, four million Sul.si.-tence store?. five hundred thousand dollars. ' '^' For the ordnance service in all its branches, two million t^ix hundred and Ordnance service, sixty thousand dollars. F'or the engineer service, sixty-five thousand dollars. Engineer service For surgical and medical supplies of the armv, one hundred and twenty •''nrgical and ,•1 , S ,1 ^ ' • • meiucal supplies, thousand dollar.S. Contigencies o f For contingencies of the army, sixteen thousand dollars. the army. 270 PROVISIONAL CONGRESS. Sess. V. Cii. 76 1862. Adjutant and In- For the contingent expenses of, the Adjutant and Inspectov. General's ppector Geueral's office, inchiding otfice furniture, stationery, printed blanks for the use of "®^'^- the annv, postage, telegrrtphic dispatclies, and so forth, three thousand three hundred dollars. Navy Depaitmeat. Jiavy De2)artment. — For contingent enunierated, ten tliousand dollars. Coal. For coal for steamers, one hundred thousand dollars. Navy yard at For pay of officers and others employed at the navy yard, at Norfolk, Norfolk. Virginia, fifteen thousand dollais. For repairs of btiildings adjoining the gateway of the navy yard, at Norfolk, Virginia, five thousand dollars. Co mmissioDers Miscellaneous. — For compensation of three commissioners, appointed tion^act '**"^"®^^'''^" I'lider the fouileenth section of the act of August thirtieth, eighteen hun- dred and si.\ty-one, providing for the sequestration of the estates of alien enemies, and for the indemnity of citizens of the Confederate State*, two Contingent ex- thousand two hundred and twenty dollars, siuper^s ' ' ' ^'^^ contingent expenses of said commissioners, five hundred dollars. Assessors of war For wages of assessors, and for printing, under the act of Congress of tax and printing. August nineteenth, eighteen hundred and sixty-one, providing for a war tax, _ one hundred and twenty-five thousand dollars. Chief collector? For sahuies of chief collectors of war tax, under the same, eleven thou- of war tax. gand and thirty-three dollars. Transmission of For transmission of the funds of the Confederate States, one hundred f""<^s. thousand dollars. Diplomatic For the purchase of diplomatic books for the use of the DepaTtment of ^°°''^- State, fifteen hundred dollars. Sugar and mo- For the purchase of a year's supply of sugar annvates. '^"at one hundred thousand men will enlist, the sum ot hvo niillions oi dollars. Transportation For the transportation of the above men fiom the place of enlistment ot men. ^q ^\^q army, in the field, one million of dollars. Approved Februh,iy 15, 18G2. T' I t- 10-0 CuAP. LXXVI. — An Act to authorizt: and provide fur the vrganuation of the Murhlnnd i'cb. la, lbi>Z. r • ^, Line. Organization of The Congress of the Confederate State.t of Aracrica do cvact, That the Maryland lino, all native or adopted citizens of the State of Maryland, who have hereto- fore volunteered, are now in, or may hereafter volunteer in the service of the Confederate States, may, at their option be oi'ganized and enrolled into companies, squadrons, battalions and regiments, and with the first Mary- land regiment, and several companies now in service, into one or more brigades, to bo known as the Mar^dan 1 line ; said organization to be in uccordnance witli existing laws. ArruovKD February 15, 18G2. PROVISIONAL CONGRESS. Sess. V. Cii. 77, 78, 79. 1862. 271 Chap. LXXVII. — An Act to rcHnquhh any claim on the part of the government to any Feb. 15, 1862. share u» c.rtain prizes. " _ — The Comress of the Confederate States of America do enact, That Ilelinquishtnent the governine.iit of the Confederate States do hereby relinquish all claim ^^^'^^.'^''^.^j^J^^'^'^J "[^^l^^® to any jjoition of the proceeds of the sale of certain vessels and their ^hmc in certain cargoes captured in the Chesapeake bay and Potomac river, on or about vessels. Ac. taken the twenty-ninth day of June, eighteen' liundred and sixty-one, by Ceorge j^" J'^^^^^^^^^P^^^'^j® M. llollins, Captain in the Confederate States navy, and certain officers ofu^s. the navy, and priv te citizens under liis command ; said prizes having been made without the participation of any vessel of the Conicderate States or other government aid. ApiMiovED February 15, 1862. Chap. LXXVIII.— >ln Act to fix the rank o/ certain others. Fcii. 15, 1862. The Conor esa of the Confederate Stales of America do enact, That Kank of com- tlio rank ot commissioned olncers ot regiments, battalions, squadrons and ^j^^^ continue in companies, wlio continue in service by re-election in regiments, battalions, service b.? re-elec- squadrons or companies, organized of troops re-enlisting under the act tion to date from providing for the grantiiio- of bounty and furloughs to i)rivates and "<>"- I,ri"<,ina^^]cction^or commirtsioned officers in the provisional army,appioved December eleventh, apf„intnicnt. eighteen hundred and sixtv-one, and the act supplemental thereto, approved i!^t>i. IJce. 11. February third, eighteen hundred and sixty-two, or under the act to pro- ^^''"^' ^'^^- ^• vide for the recruiting companies now in the service of the Confederate States for twelve montlis, approved January twenty-ninth, eighteen hundred 1?62, .Jan. 29. and sixtv-two, shall date from the time of their orginal election or appoint- Proviso, ment: Provided, Sueli officers shall be re-elected or appointed to offices of the same grade in the same corps. Ai'PROVKD February 15, 1802. CiiAr. LXXIX. — An Act to e'ltabtinh judicial courts in certain Indian Territorie*. Feb. 15. 1862. The Coni/ress of the Confederate States of America do enact, That .Jmllcial courts in order to secure the due enforcement of so much of the laws of the Con- f ■''!'''^''*^.'^'^ ^1^".' ^ , -, , . 1 . • • 1 n- • , 1 . • -1 tsiin Indian Tern- federate states in regard to criminal onences or misdemeanors, and to civil ^.ries. remedies, as is, or may be, in force within the Indian country west west of Missouri and Arkansas, south of Kansas and north of Red river, the country owned anil occupied by the Clierokee Nation, as the boundaries of the same I'istrict of Cba- are defined by treaty between that nation and tlie Cnnf(>derate States, is^'^^'"^'- hereby erected into and constituteil a judicial district of the Confederate States, for the special purposes and with the jurisdiction in tliis act and in existing laws and the treaty aforesaid provided, to be called and known as the district of (:;ha-lah-ki ; and the whole country owned and occupied by District of Tush- tbe Choi-.t:nv and Chickasaw Nations, as tlie boundaries of the same are ca-hom-raa. defined by treaty between these nations and the Confederate States, incbniing the country west of the ninety-eighth degree of west longitude, leased by .said nations to the Confederate States, is hereby erected in*^o and consti- tuted a judicial district of the Confederate States, for the special purposes and with the jurisdiction in this act and in existing laws, and the treaty aforesaid provided, to be called and known as the Tush-ca-hom-ma district. Sec. 2. And be it further enacted, That all the country owned and pos- Certain territory sessed by the Creek Nation, or Muskoki Confederation, all that country *<'^°"^^^'"^''*"'"- 272 PROVISIONAL CONGRESS. Sess. V. Cii. 79. 1862. te?ral part of the Owned Hiid possessed b}' the Seminole Nation, all that country occupied Cha-lah-kijudkial and ]ield by the Great and Little Osage Tribes of Indians, and all that district. couiitry ofcupied by the Quapaws, the Seneca Tribe, formerly known aa the Senecas of the Sandusky, and the Senecas and Shawrkaes, formerly ■ . known as the Senecas and Shawnees of Louistown, as the said countries are described and their limits defined in the treaties with the said several nations, tribes and bands of Indians, are hereby annexed to, and shall, for all the purposes of this act, constitute and continue an integral part of the Cha- lah-ki judicial district hereby established. Jurisdiction of Skc. 3. And be it further enacted, That the jurisdiction of each court theconrtco-exten- jjei'einafter created shall b^ co-extensive with the limits of the district for JfThl^i'Mri'l't'"'''' '^^^^^'^■^^ ^*^ '^ created, as such district is hereinafter defined. Di-uict court to Sec. 4. And be it further enacted , That in each of the said two districts be liekl seini-an- there is hereby created, and shall hereafter be held, semi-annually, a district Dually in ejch dis-^.Qij,,^ ^jj^- I^Ij^j (JQj^Cy^jgj.jjjg States, with such jurisdiction in such matters, civil and criminal, to such extent and between such parties as is hereinafter provided. Appointment of Skc. 5. And be it further enacted. That there shall be appointed by the judges. President of the Confederate States, by and with the advice and consent of the Senate or the Provisional Congress, one judge of the district courts of the (-onfederate States for the said Cha-hdi-ki and Tush-ca-hoin-ma districts. Where to reside, who shall re.side permanently in one or the other of said districts, and hold Term ot office, j-^jj. Qfj^,.p flnring the tei'm of four years; and there shall also be ap})ointed mars*h'aL-. and at- <^"6 marshal and one attorney for each of said districts, all of whom shall torneys. Term of hold their offices during the term of four years, and reside permanently in office. Residence, tliei I- respective districts. Fees and salary Sec. 6. And be it further enacted, That the attorneys shall receive the i i , i n i • i • or tribe, as such citizenship is denned by law or treaty, shall be tried in either of said district courts for any criminal ofi'ence, such person shall be entitled, upon demand, and as of riglit, to a jury of white men, to obtain Venire facias, which a writ of venire facias may, if necessary, issue to the marshal of an adjoining district in a State, commanding him to summon a panel of twenty pereons to serve as jurors in the given case, which writ shall be Attendance may served by such marshal, and the attendance of the panel compelled, if ,. ^?,™i^"' ° " y necessary, bv attachment ; and out of such panel and tahTelsmen, summoned No challenge ofin like manner, it necessary, the jury shall be selected, no challenge being juror except forin such case allowed the prisoner, except for cause. '^-•^^'^- Sec. 1*7. And be it further enacted, That all existing provisions of law, tbe powers, Ac, o't'^'fi^^^^ii^g to the powers, duties or, modes of proceeding and action of the tae district courts district courts of the Confederate States, of a general nature, not locally of the C. S. to ap- inapplicable and not contrary to the provisions of this act, shall extend Effect of iudg- ^^^^ ^PPb' ^'^ ^^^'^ district courts ; that their judgments and decrees shall m&nts and decrees, have the same effect as those of such other courts, and sales of property ,^'*^P'".op^'"*^^ thereunder shall be made and evidenced, and title thereby pass, in the caas ^^ ' ® " same manner as under judgments and decrees of said district court for the western district of Arkansas. Common law Sec. 18. And be it further enacted. That the common law of England aiii statute s o^ ^,^^ j^j-^^ statutes of England, of a general nature, made prior to the fourth prior to' July 4, day of July, seventeen hundred and seventy-six, in aid of, and modifying iVY6, to govern in or adding to, the common law, so far as the same have not been changed, ea-oh district. altered, annulled or repealed by the laws, customs and usages of the Cherokee nation, shall govern in each of said districts, in all matters within the civil jurisdiction of the said district courts. Felony: how Sec. 19. Aiid be it further enacted. That, whenever any person is con- puniBhed. victed of any oftence, amounting to felony, at common law, or by statute, in either of the said district courts, and part of the punishment inflicted is imprisonment, such punishment shall be imprisonment and confinement at tmprisoumenf. hard labor, for the whole term adjudged ; and it shall be lawful for the court by which the sentence is passed, to order the same to be executed in any State prison or penitentiary in an adjoining State, the use of which may be allowed by the Legislature of the State for such purpose, and the Expenses to be expenses attendant upon the execution of such sentence shall be paid by paid by C. S. tj^g Confederate States. Bills of exeep- Sec. 20. And be it further enacted, That bills of exceptions, writs o PROVISIONAL CONGRESS. Sess. V. Ch. 80, 81. 1862. 2T5 error, and appeals from the decisions of each of said district courts, shall tlnns, writ? of error be allowed, and may be taken to the sujjreine court of the Confederate ^° -^VV^^ ^• States, in the same manner and under the same regulations as from other district courts of the Confederate States, where the value of the property or the amoimt in controversy, to be ascertained b}' the oath of either party, or of any other competent witness, shall exceed one thousand dol- lars ; but in cases involving the question of title to slaves, such writs of error or appeals shall be allowed to and decided by the said supreme court, without legard to the' value of the matter, property or title, in controversy; and from any decision of either of said courts, or the judge of either, upon any wi'it of habeas corpus, involving a question of personal freedom, a writ of error or appeal shall be allowed to said sui)reme court. Sec. 21. And be it further enacted, That writs of error shall lie to the Writsof error in supreme court, in behalf of the accused, from the decisions of the said district """inal cases, courts, in all criminal cases where the life or liberty of the accused is put in jeopardy ; and the writ of error in such cases shall operate [as] a super- When writ o f sedeas when it is so directed by the judge of the district court, or by a'^^^^rUTas.^ *' judge of the supreme court; and the supreme court shall provide such' rules for the regulations of this remedy in error as shall prevent abuse tliereof, or the escape of persons accused of crime. Sec. 22. And be it further enacted, That the district judge for the Salaries of the Cha-lah-ki and Tush-ca-hom-ma districts shall receive an annual salary of ^"^"c* J»"^ges- twenty-five hundred dollars, to be paid quarter-yearly from the date of his commissiom, at the Treasury of the Confederate States ; and there shall Contingent ox- be appropriated annually the sum of one thousand dollars to defray the l^«°^««°f'"'»'^'»- contingent expenses of each of said courts. Sec. 23. And be it further enacted, That this act shall take effect as to When this act to each nation, tribe or band therein named, from the date of the ratiiication '^'"^ '=^°°'- of the treaty, by such nation, tribe or band. ArpuovKD February 15, 1862. Chap. LXXX. — Ait Act to provide fur an increase of the Quart''rmai>ter and Commissary February 15, li Dvpartments. The Congress of the Confederate States of America do enact, That Appointment of in addition to the number of quartermasters, assistant quartermasters, 'i"'""-*^'"™=^/ '•*'.'■ ^ commissaries and assistant commissaries, now allowed o)' law, the 1 resi- j^j ^j.^j^^^^ j^^ dent shall have authority to appoint as many of said officers, as shall, in and depots, his discretion, be deemed necessary at pei'inanent posts and depots ; said appointments to terminate at the close of the war, or sooner, if the services of the officer can be advantageously dispensed with : Provided, That no- • ,' quartermaster, assistant quaitermaster, commissary or assistant commissary ,^ be authorized to employ a clerk ; but the commanding officer of quarter- masters, assistant quartermasters, commissaries or assistant commissaries, shall detail from the ranks under his command such person or }>ersons as Poraons may be mav be necessarv for service in the offices of said quartermasters, assistant ^*^^^^ '"''™ *. •■ . . . . t . ' rauks to serve in quartermasters, commissaries and assistant commissaries. " their offices. Approved February 15, 1802. Chap. LXXXI. — An Act concerning the pay and alloicanceg due to deccaeed foldiem, FohTuaxy 15, 1S6S. The Congress of the Confederate States of America do enact, That „ ^^^, ^"'J '''^^''^: , 1 11 1 1 11 .' . , anccuue deceased he pay and allowances duo to any deceased volunteer, non-commissioned soldiers. 276 PROVISIONAL CONGRESS. Sess. V. Ch. 82, 83. 1862. To whom paid, officer, musician, or private, in the army of the Confederate States, shall be paid to the widow of the deceased, if living; if not, to the children, if liny ; and in default of widow or children, to the father, if living, and if not, to the mother of such deceased volunteer. Payment to Le Sec. 2. The pay and allowance due as aforesaid shall be paid by the made by the pay- jj .^gj^gj. Qj. pj-opg^. officer charffed with the payment of the troops, to master, upon the 1 •' 1 i & + i- i ti • J pav-roll made out the person Or persons entitled to the same, or to liis or her autijonzed and certified by agent, attorney, or guai'dian, upon the pay-roll made out and certified by captiua^or com- j^j^g captain or commanding oflicer of the company to which the deceased ° • .^^^g attached, which pay-roll the captain or commanding officer as afore- said shall make out and deliver to the person or persons entitled to such pay and allowance, or to his, her or their authorized agent, attorney, or guardian, and shall state in such pay-roll the name of the deceased volun- teer, the company and regiment to which he was attached, and the date of his enlistment and death ; and the paymaster or officer to whom said pay-roll shall be directed, shall pay the same according to the tenor thereof, and shall file such pay-roll with the pay-rolls of the army. Approved February 15, 1862. Pobruary 15. 1SC2. Chap. LXXXII. — An Act to provide for tJic convection of the railroad from Sehna, in ___ Alabmna, to 3Ieridian, in ilinsiisijjpi. Preamble. Whereas, The President in his message of the iVth of December, has expressed the opinion that the completion of the Mississippi and Alar baraa River Railroad, so as to connect Selina, in Alabama, with Meridian, Mississippi, is indispensable for the successful prosecution of the war, in ■which opinion Congress fully concurs; Now, therefore, Advancement to The Congress of the Confederate States of America do enact, That complete the rail- t]ie President be, and he is hereby, authorized to advance to the President 'rccn "sdmal'^Ala'^ ^^"^ Directors of the Alabama and Mississippi River Railroad Company, bama, and Meri- the sum of one hundred and fifty thousand dollars, for the purpose of dian, Misassippi. completing the railroad connection between Selma, in i\labama, and Meri- dian, in Mississippi, upon such terms and conditions as he may deem best to secure the early completion of said railroad connection, and to secure the return of the money so advanced. Approved February 15, 1862. Fehriiary 17 1862. Chap. LXXXIII — An Act to define and estahlivh the compensation of members of the • Congress of the Confederate States of America, in reference to mileage. Mileage allowed Tlie Congress^ of the Confederate States of America do enact, That to members o 1' jj^ addition to, the compensation allowed by law to members of Congress, UavolTinff by other each member for each session shall be allowed eight dollars for every than railroad o r twenty miles, actually and necessaiily travelled by other than railroad or steamboat traa s- steamboat transportation, in coming from, and returning to, his place of portation. residence from the place where the Congress may assemble, in lieu of the* mileage now allowed over said space. Approved February 17, 1862. PROVISIONAL CONGRESS. Sess. V. Ch. 84,85, 86. 1862. 277 Chap. LXXXIV._.4n Act repeal an act therein named. February 17. 1862 anI!t%Srr'v^ ^/;e (7o./.rf.ra/. States of America do enact. That J Act of Jan. 22". of Milon t^ IV ""f/"^ P'-o;'de for raiding and organizin2. (See ant.. eh! S.;!!" 1 \ ""'' ^'■"'"l" ^^'" ^^'^ .P'ovisional array of the Confederate ^'.'^ l^'-°^'<^'"-^ f"' Approved February 17, 1862. the^Pre&;fth?r^r'^'^"'f '^'Yl < ^""•'■^•« ^^'^ ^^^^ That Cop., to be n'tructcd^^^^^ *^;T ^'' '""^ ''" '' Hereby, authorized and --l->f .ho jour- instructcd to have prepared, by persons selected by him and sworn to '"^''' ""^ '^^ ^'^''^'- secrecy, two copies of the journals of the Provi^^^n .1 Pm,, I *i, "'"""' Consroes proccedinjrs , -.ft 1,,. Pr..,,. .• ". , ^^ ^ '"o^'sional Congress, and the and of the pro- Hiort r^LfV • r. ''V^'"^ ^^'^^"^^^ the Provisional and Per-cecdings of Vh wTeLni od^ "^ '^?' Confederate States, which, after having ^<--^-"- c^^d^ni^^^- -rl^ be sealed an^^^V..e.o. of r nfd W th^' r-:?' -d ''': W ^ ^'"^^"«^ Cene^^ld the oC" atrsLihui'Jrrf'f of the Congress; and the originals of the Who. original. taiTof ^tie .11 f 'T ,' "'''^' ?''^" ^' ^^I^^-'^*^^ ^'t^^ tl'*^ Secre-^ol>^d«Po«itfd. tSr e.?f ^.iblef, 'M t?"'' '''"i,?^-=S!"^^« ^^^^ be preserved, with Copies and ori- Con'rlt Vt r^ f ^^^ i ^^'"' P^b^'^^'-^tion shall be ordered by the s^-'^ to be pro- v-ongicbs ot the Confederate States. '' served with their Appro VKD February 17, 1862. *"'^' unknown. Vfl^^^lu Jl^r^Ctl::':;^te'l^:^'^nd i^'S^£7'^r^ cvmcly,pri.tu,g, February 17,1862 additiona clerk in the DeT,n>-h,o„i ^f t ,• ,, provnCe for the njypiuntmcnt of an and si^cty one. ^ ' """" ""^ "'"''""^' «^/"-«"'^'^ ^ ":?"*' /l/'A, «'>Afe.-„ ^„/drerf Act ofl^i^ leci 2 o J- ] 1861, § 2, amended' Tj^e (7o»^^,-m 0/' //,, Confederate States of America do enact Th.t t the laws and r^sn ii+;r^r>o ,.^ • j i. •, • ^incciau uo enaci, itiat Laws and reeo- gazetted shall b?^ M ? 7''"?,'^ ^/ '''^ ""* *« ^"^ published in the >»<-'- to be pub- onTmonth • and tl ^'-«J^b% for two weeks, instead of weekly for ''^^ '° ^'^ ^'^■ page, as therein pro^^ided. ' ""^ "^ '"' ^'^^'' ^"^ ^ ^^^*^ per allowed. autt^:i^\h^Atttno'^rl:'1'r '^ '"i"'' ^.^ '^° ^^^"^^"^ ^ '^ ^^'^ of A„,. 3. provisional and no^-mnnTr^''^^ ^^'''^ *^'-«« thousand copies of the 1861, ?.. amen^de.!. KnnJ 1 ; .> i '^"''"^ Constitutions, and of all the acts and resolu P^ovisiouaJ and tions and treaties' of the Provisional Govorn,nnnf f ♦! n ^? ^ ^'"•'==»"«'^t Con- States which are not secret to b< n^ bl-l!..!- ^ "" Confederate «titutio„. and act«, •of the present session nfP P"bLshed in one volume, at the close *c.. to be pubJi^h- and indl^et as T-vide^d in tf'St"""^'"^' '"^"^ "'^' '''''^-'^'' °«^-' '' '^ ''' '''^^" in '^ryre^^X^Z:^^':^! "f f 'l'^ r\ ""'^ ^' ^"^J^^^' ^^°'-- P « b - except that if mner otMhV/ if .°^ ''^"'^' *^"' '•' amendatory; H.bed to besSbjeot h*^ ni\.' A ^-i^ *^^ ^l"''^''^ required by the previous act cannot '"'benctofAuis, be obtained, such paper may be used as th^ SupLintendent Ttho Je^|i; -;p:/^ ^< S78 PROVISIONAL CONGRESS. Sess. V. Ch. 87, 88. 1862. Proviso as t o Bureau of Printing may select : Provided, That the Attonery General binding. .^^^ posti^oue the binding in calf until one year after the termination of the present war ; and he may cause the volume published under this act [to be] so bound, without regard to the number of pages. Approved February 17, 1862. February 17, 1862. ^^A^- LXXXVII. — An Act to make dhpoaition of negro slaves captured from hotiile . Indians. Captured negro The Congre&s of the Confederate States of America do enact, That slaves belong in gall negroes who are slaves, belonging to hostile Indians', who are mem- Indians'' to be'de^- ^^^^ '^^ citizens of any one of the tribes of Indians friendly ip this livered to the Su- government, and who have been, or may hereafter be, captured by troops perintendent of or persons in the service of the Confederate States, shall be delivered to J^^^;^^^^J^^^;''"'^'^4.he Superintendent of Indian Affairs west of Arkansas. Notice by Sup't ^EC. 2. That said Superintendent shall carefully inform himself of to Head Chief of the persons and tribes to whom each negro belongs, and shall promptly the tribe. notify the Executive, or Head Chief of the proper tribe or tribes, to Delivery of ue-i'^ceive the same, at some convenient place, and shall deliver said negro groes to the Head or negroes, to said Executive, or Head Chief of said friendly tribe or ^h^\ \i'^ ^'"^^ tribes, as captured property, to be held by said tribe or tribes until such provisions and orders shall be made by this government as shall seem just and wise, and shall take receipts for the same. Sup't to make Sec. 3. That the said Supreintendent shall, at or before the time of out record of the such delivery, make out a record, showing the name and age and value ^^i°!f!'o "f f^ f'j^'^of *^^<^'^i slave received by hiiu, and shall report the same, and the fact val uesottne iii- i t •• ni i> -i slaves, and report 01 such delivery. Or other disposition of each of said negroes, to the the same to Com- Commissioner of Indian Affairs, together with all the facts of time, ^'^^'Tff"^- place and circumstances of the capture, and by whom captured ; but in diaR Affairs. ^ , i • -, ^ • ^ ■ n Free negroes DO case shall any tree negro who is so captured be given up by virtue oi captured not to be this act. fcuen up. Approved February 17, 1862. February 17 1862. Chap. LXXXVIII. — An Act to fix the date at which the bounty shall he paid to soldiers . enlitting for the ivar. When bounty to The Congress of the Confederate JStates of America do enact, That i>e paid to fokliers the bounty of fifty dollars, allowed by existing laws to soldiers enlisting enlisting for the^^^j, ^|^g ^^j. ^j. re-enlisting for two years, or recruited, shall be payable as soon as the volunteer entitled thereto shall have been sworn into the Confederate service, and shall have been pronounced by any surgeon, or assistant surgeon of the Confederate States, after inspection, as being fit and able to do military service. Approved February 17, 1862. PROVISIONAL CONGRESS. Sess. V. Res. 1, 2, 3. 1862. 27^ RESOLUTIONS. [No. 1.] A rcnoUui'jn authoriziuff (he transfer of j'und/i to foreign parts. ICoveinl)Cr2t),1861. Resolved In/ the Congress of the Confederate States of America, That Secretary of tbe the Secretaiy of the Treasury be authorized to trausfer and pl^<^e on ..^^^"'''"pj^.^*"^ j.^^ deposit, in the hands of any ibreign banker, such amount of money, not funds int o t h « exceeding two millions of dollars, as the public exigencies may require, h/mds of any for- and that he be authorized to make the transfer, by remittance of bills or*'*^" ^^^ "'"■ shipment of produce as he may deem most advantageous. Approved November 2G, 1861. tyo. 2.] A resolutloti for the relief of the " Lumherton Guarde," {Compani/ />,) Second December 3, 1861, Regiment North Carolina Volunteers. — Whkrkas, it appears that the company of volunteers known as Company Pn-mable. J), of the second regiment of North Carolina volunteers, now serving at Sewcll's Point, in Virginia, (having been organized prior to the admission of the State of North Carolina into the Confederacy,) was enlisted i'or the period of six months onl}-, and has been erroneously enrolled for the period of twelve months ; Resolred hi/ the Cofifjress of the Confederate States of America, That PrcT^idont .autbi the President be, and" he is hereby, authorized to discharge the said "f^^^ <" 'i'''thar«^ company at tlie expiration or six months irom the period wlien tney ,j„nr,^a •> 2d reui- were sworn in and mustered into the service of North Carolina, accord- men t N. C. volaa- ing to the terms of their enlistment as aforesaid. '•"-"'■*• ArPKOVED December 3, 1861. [No. 3.] A resolution of (hmiJcs to Major General Sterling Price, and the rijjlcers and jy^^^^^^y^^^ g 1861. soldiers wider his command , for gallant and mtritorious conduct in the present war. ^_._ Be it resolved b>/ the Conr/ress of the Confederate States of America, Tbiuik.'" of Con- That the thanks of the people of the Confederate States are eminently p:l•o^s tendered t-^ due, and are hereby tendered, to Major (Jcneral Sterling Price, and the ^';^.^^'^ ^nd VtTo Missouri army under his command, for the gallant conduct they have Missouri army nr>- dlsplayed throughout their .. o, 18G1. [No. 4:.] ResohitionH of thanks to Major General Leonidas Polk, Brigadier General Gideon J. Pillow, Briijadicr General Benjamin F. (Jheathcnn, and ihc officers and aol- dier-i under their com hi on d, for gallant and dialinguinhed services in the presait war. Praamble. WllEREAS, Under the Provideuce of God, the valor of the soldiers of the Confederate States has added another glorious victory, achieved at Belmont, in the State of Missouri, on the seventh da}' of November last, to tho.se which had been so graciously vouchsafed to our arms, Avliereby the reduction of Columbus, in the State of Kentucky, has been prevented, and the contemplated descent of the enemy down the Mississippi river effectually stayed ; Therefore Thanks of Cou- Be it resolved, hy tha Corujress of the Confederate Siafea of America, wTor G^e^'^Poik^^^i'^^' ^^^^ thanks of Congress are most hearti'ly tendered to Major General BriT. Generals Pil- Leonidas Polk, Brigadier General Gideon J. Pillow, Brigadier General Ju^y and Cheailuim Benjamin F. Cheatham, and the officers and soldiers of their gallact. **'d '■,'^i-^,'^ .'^'^'^j" commands, for the desperate courage they exhibited in sustaining for U.oh- cvmmand. several hours, and under most disadvantageous circumstances, an attack by a force of the enemy greatly superior to their own, both in numbers and appointments; and for the skill and gallantry by which they con- verted what at first threatened so much disaster, into a triumphant victory. Rvsolved, further, That these resolutions are intended to express what is believed to be the grateful and admiring sentiment of the whole people of the Confederacy. Rjsolufons tjbc Besolced further, That they be communicated to the commands of coijiEunicfikd. Mi;jor General Polk, Brigadier General Pillow, and Brigadier General Cheatham, by the proper departmcjit of the government. Approved December 6, 1861. Dec. 14, 1301. [Xo. 5. J A resolution to make an advance to the State of South Carolina, on account of her claims against the Confederate States. Advance- to the The Congress of the Gemfederatc States of America do resolve, That StiteofSouth Cur- t]^e g^^,^ of two hundred and fifty thousand dollars be, and is hereby, hi^r^clafm^b 'a'^rinst appi"*^pi'i^'ted, as an advance on account of any claims of the State of dL,. c. S. "" South Carolirui upon the Confederate State.^; and that the same be paid to such person as may be authorized by the Legislature of South Caro- lina to receive the same. Approved December 14, 1861 Dec. 16, l.Si>I. [No. 6.] A resolution opjwinling John ]). Morris, / the Covffress of the Confcdrratc States of Amcn'ra, Thank-i of Con-* That the thanks of Congre.4 are due, and are hereby tendered to Brig- K'"^°*' G!.n'^''Eva^ adior General N. C Evans, and the officers and soldiers under his com- and bis cmmainl mand, for the brilliant victory achieved by them over largely .superior forces of the enemy iu the battle of Leesburg/i. Appuoved December 18, 1861. [N'o. 3.] Bciulutinyis rclatitig to ^fari/land. Deo. 21, IrtlJ!. Whereas, The State of Maryland has suffered the same wrongs which Prearub:?. impelled these Confederate States to withdraw from the Ignited States, and is intimately associated with these States by geographical situa- tion, by mutual interest, by similarity of institutions and by enduring sentiments of reciprocal aiiiity and esteem; and yhn-cmt, it is believed that a large majority of the good people of Marylan ho Third. That no peace ought to be concluded with the llnited States, 5oes\"orln,urt'tt which does not ensure to Maryland the opportunity of forming a part of her thu opportuni- this Confederacy. «y of formiujr a Approved December 21, 1861. fedcracy.* " ^^ 282 PROVISIONAL CONGRESS. Sess. V. Res. 9, 10, Tl. 1862. Jan. 10, 1862. [No. 9.] Jiesolution of thanks to Colonel Edward Johnson, his officers and men for ter- — vices in the battle of Alleghany Mountain. Thanks of Con- First. Resolved hy the Congress of the Confederate States of America ^ ^ress teudered tar[,j^^^ the thauks of Congress are due, and are hereby tendered, to Colo- Col. Ldward John- , T^ , 1 T 1 1 i ,1 fP 1 11- 1 son and to the of- "61 Jiidward Jonnson, and to the omcers and men under his command, ficers and mon un- for gallant and meritorious services at the summit of Alleghany Moun- derhia con-inand. t^in, in Virginia, on the thirteenth day of December, eighteen hundred and sixty-one, when for more than six hours, they, with remarkable courage and constancy, sustained an assault made upon their position by fourfold their number, and finally drove the enemy in disorder, and with heavy loss, from the field. Resolution to bo Second. That the foregoing resolution be communicated to said com- c nnmanici e . mand, by the Secretary of War, and be made known in general orders. Approved January 10, 1862. Jan. 22, lS''i2. [No. 10.] A rcnolution in reference to the arms of the volunteers for twelve months. Arms of volun- Resolved hi/ the Congress of the Confederate States of America, That tecrs to be kept ^iig military exigencies of the Confederate States render it absolutely of the President, i^ecessary that the arms of the volunteei'S now in the service should be kept within the control of the President of the Confederate States; so that whenever the present volunteers shall be discharged from service, the arms may be placed in the hands of others. Approved January 22, 18G2. Feb. 3, 1862. [No. 11.] A resolution supplemental to the resolution entitled "A resolution appointing • — John D. Morrim, if Kentuelcy, a Vfceiver under the act of sequestration, approved August thirtieth, eitjhtcen hundred and sixty-one," and which loas approved hy the Prca- dent on the sixteenth of December, eighteen hundred and sixty-one. Evidence admis- The Congress of the Confederate States of America do resolve, That sible in cases in- in all cases in any court of the Confederate States instituted by authority »rUl-t ^<- ° • of the above mentioned resolution, whenever it shall appear to the court tucky, uuder au- ^hat the documentary evidence, or witnesses, necessary to establish the thority of resolu- facts alleged in the petition, and authorize the judgment of the court, tioa of Dec. 16, j^j.g gJtuated within the territorial liinit.s occupied by the public enemy, 1861, appointing^, ^ - •. i- ,• i •, ,i i • ,i A^n- • .- him receiver under the court may, in its discretion, admit on the hearing the loUowing arti- -scquestration act. cles of documentary and testimonial proof: First, a copy of any report or enunciation of the bank that it had loaned or extended pecuniary aid to the United States or the (lovernment of Kentucky, waging war against the Confederate States ; and' such report or enunciation may be read from what shall appear to be a copy, or statement of its substance in the journals or session acts of the Legislature of Kentucky, or from any periodical journal of the State published within the dominions of the enemy, or testimonial proof of the substance of the contents of such docu- ments. Second, Testimonial proof in parol, in letters or any other form of paper writing, of the admission of the president or cashiers of the bank, that such loan or pecuniary aid had been made or afforded to the enemy. Third, Circumstantial evidence of facts from which the facts necessary to make out the case are fairly inferable. But in every case the offer of euch proof shall be accompanied with the afiidavit of the receiver that he believes the facts which .such evidence tends to prove are true. Approved February 3, 1862. PROVISIONAL CONGRESS. Sess. V. Res. 12. 1862. 283 [No. 12.] .4 reaolution in regard to the transfer of certain Indian trust funds to the Fob. 6, 1862. Confederate States, ■ — — Resolved hy the Congress of the Confederate States of America^ That Indemnity to the the Government of the Confederate States hereby afrrees to indemnify ^''"'^^ ^^^l^'^-lt'" ., , CI f 1 • /-I f 1 -1 !• 1 •!• <^'i account ot the the several otatea or this uoniederacy, against any loss or iiabihty transfer by thtm incurred by them because of the payment or transfer, on the part of the t" the C. S. of funds said several States to the Government of the Confederate States, of any J?^"^"8*°^. Jj^^ ^°" stocks, bonds or funds, belonging to certain Indian Tribes, or members mejnbcrs thereof, thereof, in pursuance of the acts of the Congress of JMay twenty-first, eighteen hundred and sixt^^-one, and January tenth, eighteen hundred and sixty-two. Approved February 6, 18G2. 284 PROVISIONAL CONGRESS. Sess. V. Ch. 1, 2. 1862; PRIVATE ACTS OF THE PROVISIONAL CONGRESS OF THE CONFEDERATE STATES Passed at the fifth session of the Provisional Congress, icJiich was hegun and held at the City of Richmond, on Monday, the eighteenth day of November, 1861, and ended on the eighteenth day of February, 1802. Jefferson Davis, President. Alexander II. Stephens, Vice- Pre.side!it of the Confederate States. Howell Cobb, President of the Conjrress. Jua. 16, 18C2. Chap. I. — An Act to reward the loyalty of the Principal Chief of the S.minole Nation. TLo loyalty of Tlic Congress of the Confederate States of America do enact, That Hemha Mieoo .oi' the President of 'the Confederate States be authorized to present to John Jumper, pnn- tit • • n • i • a.i cipal chief of the Hemha jlicco, or John Jumper, a commission, conierring upon him tne Sominole Nation, honorary title of Lieutenant Colonel of the army of the Confedei*ate rowarduil. States, but without creating or imposing the duties of actual service or command, or pay, as a complimentary mark of honor, and a token of good will and confidence in his friendship, good faith and loyalty to this government, and to procure and present him with a complete uniform of that rank and grade, a sabre and a Maynard rifle, with a liberal supply of ammunition for the same. And the sum of two hundred and fifty dollars is hereby appropriated for the purchase of the said uniform and arms. AiTROVED January 16, 18G2. Jan. 23 18'62. Chap. II. — An Act for the relief of Dillon Jordan and F. Glackinyer. AccouDtsof Dil- Tlie Congress of the Confederate States of America do enact. That GrackmTr^"fo^-^^^ Postmaster General cause the account of Dillon Jord on and F. Glack- poatai services to ^jsi"; for postal services rendered by them respectively, for the Confed- be nudited. crate States, at Montgomery, Alabama, and Pensacola, Florida, between the twenty-ninth day of January and the first June, eighteen hun- R pport to dred and sixty-one, [to be audited] and that he report to this Congress Congre.-^s tlier'.'on. yf\^^i sums will be a just and proper compensation to said parties res- pectively for said services. Approved January 23, 1862. PROVISIONAL CONGRESS. Sess. V. Ch. 3, 4, 5. 1862. 285 Chap. III.— ^In Act for the relief of A. B. Noyf.s, collector of the port of St. Marks, Jan. 23, 1862. Florida. — TTie CojiffresK of the Confederate States of Anurix-a do enucf, That A. B.Noycs, col- A. B. Noyes, collector of the port of St. Marks, Florida, be allowed, i" I,7s7j,f^ri!\%Pl'^r- the settlement of his accounts with the Treasury Department, the sum ;(].j (^ be allowed of seven thousand eight hundred and eighty-four dollars and eighty-one accrt.dn credit, for cents, for and on account of the duties accruing upon a cargo of iron, •'\"'\"".^*^''°""'. ^'^ entered, bonded, and put in warehouse at that port, on the second dayof^,p(J^ ^ "certain October, eighteen hundred and sixty, by the Pensacola and Georgia cargo of iron. Railroad Company, and which said iron was delivered on the twenty-fifth day of March, eighteen hundred and sixty-one, by order of the Gov- ernor of .said State, to the said railroad company, without the payment of the duties due thereon to the said collector : Provided alwaiys, That this act Proviso, shall not be so construed as to waive any rights which the Coufederate States may have against the State of Florida, for the future payment of the duties so due upon the said railroad iron. Approved, January 23, 1862. Cn\P. IV. — An Act to provide for the compeniintion of G. 11. Oury, dch gate from Ari- Feb. 11, 1S62. zona, for hi« attendance at this aestioii of CongrcsH. • The CoHip-ess of the Confedcrnte States of Avirrica do enact, That Pn j and inileaK* G. H. Oury be entitled to ten cents a mile for coming to the city of •'''^^- "; ^"^y- !^°'- Richmond, Virginia, and returning home, to be estimated by the usual j,'^^ f^j. bis nttend- route of travel, and to eight dollars a day during this session of Con- anceui tlds session gress, from the date of the approval of an act to organize the Territory *^^ Congress. of Arizona, to be paid in the same manner provided by law for the com- pensation of members of Congress. [Approved] February 11, 18G2. Chap. V. — An Act appropriating thr i>um of one thousand one hundred and ten. twenty- Feb. 15, 1862. two hundredths dollars for the relief of the Mobile and Great Northern Railroad • Company, being the difference between fifteen and twenty-four per cent, duty on railroad iron paid at Pensacola, in May, eighteen hundred and si.vty one. The Cnngreas of the Confederate States of America do enact, Thiii Appropriation for for the purpose of carrying into effect the second section of an act an- ll' '"'. f,l'',f!" ,"L *^t 1 VI n • ^ 1111- . JMobile anu (.rreat proved May twenty-tirst, eighteen hundred ;ind sixty-one, entitled "An Northern llailroiwl act to define with more certainty the meaning of an act entitled 'An Company. act to fix the duties on articles therein named,' approved March fifteenth, eighteen hundred and sixty-one," the sum of one thou.sand one hundred and ten, twonty-two hundredths dollars, be, and the same is hereby appropriated, out of any money in the Treasury not otherwise appro- priated, to be paid to William D. Dunn, President of the Mobile and Great Northern Railroad Company, being the difference between fifteen and twenty-four per cent, duty on railroad iron of the value of twelve thousand and three hundred and thirty-five seventy-five hundredths dol- lars withdrawn from warehou.ses at Pensacola in the month of May, eighteen hundred and sixty-one. Approved February 15, 1862. 286 TROVISIONAL CONGRESS. Sess. V. Ch. 6, Res 1. 1862. Feb. 15 1862. CiiiP. VL — An Ad to compensate Billon Jordan and F. Glackmcyer, for services ren- _ dcrecl the government. Corapensatlou to The Congress of the Confederate States of America do enact, That Dillon Jordan and tiie fj^n^ of four hundred and fourteen tliirty-sis one hundredths dollars !•'. Glackmcyer, for ^ paid to DiUon Jordan, of Pensacola, Florida, out of any monies in services rcuucreu i .' • i • o n p • j j tlie government, the Treasury not otherwise appropriated, in lull lor services rendered, as reported by the Postmaster General ; and the further sum of four hun- dred dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be paid to F. Glackmcyer, in full, for ser- vices similarly reported. ArrPvOVED February 15, 18G2. RESOLUTION, Pol 1 '' 1R62 [No. 1.] Rcsiiution in relation to payment to diehuising clerk of appropriation for " ' ' \ removal of the seat of government. Widow of Sam'l Resolved, That the committee on the removal of the seat of govern- Molvin, deceased, ment, be authorized from the appropriation for that object, to pay to the tobopaid f"'" cor- ^j^o^ ^f ganiuel Melvin, the deceased disbursing clerk, two hundred /er^atytbrdece- dollars for the services of the said clerk in disbursing the said appro- dent, priation. Approved February 1-5, 1862. INDIAN TREATIES. TREATY WITH THE CREEK NATION, JULY lOTH, 18(31. A TRINITY OP FIUENDSIIIP AND ALLIANCE, Mtde and coiicluledat the North Fork Village, on tha North Fork of the July 10. 1?C1. Canadian rioer, in the Creek Nation, wa^t of Arkam^as, on the tenth "' (la.i/ of Jahj, ill the year of our Lord, one thouaand ciijht hundred and ttixty-one, bitireen the Confederate States of America, hy Albert Pik"., C)m>nis.iioncr, with plenary jwwers, of the Confederate States, of the one part, and the Crerk Nation of Indiana, by its Chiefs, Head Men and Warrujrs in General Council assembled, of the other part. The (ruigro-i-i of tho GDiife-ieratc State? of America, having, by "An Preamble, act for the protostiou of certain Indian tribes," approved the t\veuty- first day of May, in the year of our Lord, one thousand eight hundred and sixty-one, oifered to assume and accept the protectorate of the ^ several nations and tribes of Indians occupying the country west of Arkansas and Missouri, and to recognize them as their wards, subject to all the rights, privileges and immunities, titles and guarantees with each of said nations and tribes under treaties made with them by the United 8t .tes of America ; and the Creek Nation of Indians having assented thereto upon certain terms and conditions : Now, therefore., the said Confederate States, by Albert Pike, their Gjiumissioner, cjiistitated by the President under authority of the act of Congress in their behalf, with plenary powers for these purposes, and the Creek NatiiMi, in Creneral Council assembled, have agreed to the following articles, that is to say : Articlk I. There shall be perpetual peace and friendship, and an Peace and fiiend- alliance offensive and defensive, between the Confederate States of ^'^'l' P^Tetual. America, and all of their States and people, and the Creek Nation of Indians, and all its towns and individuals. ARTloriE II. The Creek Nation of Indians acknowledges itself to be Terms upon under the protection of the Confederate States of America, and of no ^^I'is'* 'lie Coi.fod- , ^ . , , 1 1 ,, 1 1 .• 1 1 enite States assume other power or sovereign whatever; and doth hereby stipulate and agree au.hicci'pttho prj- with them that it will not hofcafter, nor shall any of its towns or indi- tjuiomtu oi" th* viduals, contract any alliance or enter into any eompact, treaty or agreement ^"'''•'ck naii(»n. with any individual State or with a f)rcign power: Pi-ovided, That it may make such compacts and agreements with neighboring nations and tribes of Indians for their mutual welfare and the prevention of difficulties , 19 290 TREATY WITH THE CKEEK NATION. as may not be contrary to this treaty, or inconsistent witli its obligations to the Confederate States; and the said Confederate States do hereby assume and accept the said protectoi-ate, and recognize the said Creek Nation as their ward ; and by the consent of the said Creek Nation, now here freely given, the country whereof it is proprietor in fee, as the same .s hereinafter defined, is annexed to the Confederate States, in the same manner and to the same extent as it was annexed to the United States of America before that government was dissolved, with such . modifications, however, of the terms of annexation, and upon such con- ditions, as are hereinafter expressed, in addition to all the rights, privileges, immunities, titles and guarantees with or in favor of the said nation, under treaties made with it, and under the statutes of the United States of America. Boundaries Arti-cle III. The following shall constitute and remain the bounda- ries of the Creek country, viz: Beginning at the mouth of the North Fork of the Canadian river, and running northerly four miles; thence running a straight line so as to meet a line drawn from the south bank of the Arkansas river; opposite the east or lower bank of Grand river, at its junction with the Arkansas, and wliich runs a course south forty- four degrees west, one mile, to a post placed in the ground, thence along said line to the Arkansas and up the same to the Verdigris river, to where the old territorial line crosses it; thence along said line north to a point twenty-five miles from the Arkansas river where the old territorial line crosses the same ; thence running west with the southern line of the Cherokee country to the North Fork of the Canadian river, where the boundary of the cession to the Seminole Nation defined in the first article of the treaty between the United States of America and the Creek and Seminole Nations, of August seventh, in the year of our Lord one thousand eight hundred and fifty-six, first strikes said Cherokee line; thence down said North Fork to where the eastern boundary line of the said cession to the Seminole Nation strikes the same ; thence with that line due south to the Can^rdian river, at the mouth of the Ok-hai- ap-po, or Pond creek ; and thence down said Canadian river to the place of beginning. ABsent of the ARTICLE IV. The Creek Nation hereby gives its full, free and Creek uatioTi to act uQqyyi;fjg^ asscnt to those provisions of the act of Congress of the tli3 protection of Confederate States of America entitled "An act for the protection of cortaia I n d i a n Certain Indian tribes," approved the twenty-first day of May, in the triljes. ygar of our Lord one thousand eight hundred and sixty-one, whereby it was declared that all reversionary and other interest, right, title and proprietorship of the United States in, unto and over the Indian country in which that of said nation is included should pass to, and vest in, the Confederate States; and whereby the President of the Confederate States was authorized to take military possession of all said country; and whereby all the laws of the United States, with the exception here- inafter made applicable to, and in force in, said country and not incon- sistent with the letter or spirit of any treaty stipulations entered into with the Creek Nation among others were re-enacted, continued in force, and declared to be in force in said country, as laws and statutes of the Proviso. Confederate States : Provided, Jcoioever, And it is hereby agreed between the said parties that whatever in the said laws of the United States contained, is or may be contrary to, or inconsistent with, any article or provision of this treaty, is to be of none ^ect henceforward, and shall, upon the ratification hereof, be deemed and taken to have been repealed and annulled as of the present date, and this assent as thus qualified and conditioned, shall relate to, and be taken to have been given upon the said day of the approval of the said act of Congress. TREATY WITH THE CREEK NATION. 891 Article V. The Confederate States of America do hereby guarantee G uarantee of to the Creek Nation, to be held by it to its own use and behoof in fee '"^^^^ to the Crock simple fr-»rever, the lands included within the bouudai'ies defined in the ' preceding article of this treaty; to be held by the people of the said nation hi common as they have heretofore been held, so long as grass shall grow and water run, if the said nation shall so please, but "with power to di.- pose power of making partition thereof and disposition of parcels of the °^ them, same by virtue of laws of the nation duly enacted ; by which partition or sale, title in fee simple, absolute, shall vest in parceners and pur- chasers, whenever it shall please the nation of its own free will and accord and without solicitation from any quarter to do so; which solici- tation the Confederate States hereby solemnly agre-^ never to use, and the title and tenure hereby guaranteed tu the said nation, is and shall be subject to no other conditions, reservations or restrictions whatever than such as are hereinafter specially expressed. Aiiricr.E Vr. None of the said land.« hereby guaranteed to the Creek Land.^ not to be Nation, shall be sold, ceded, or otherwise disposed of, to any foreign ^"^'| ^^'^"y '^^"••s" nation or to any State or government whatever; and in case any such g^^^J^, '^^j. „°y^!'^, sale, c3.^tiou or disposition should be made without the consent of the mem. whatever. Confederate States, all the said lands shall thereupon revert to the Con- Penally, federate States. Article VH. The Confederate States hereby agree and bind them- Lamls gran'od selves that in guaranteeing to the Seminole Nation of Indians the coun- 1^' .Sommok's by try granted, ceded and conveyed to it by the Creek Nation, by the treaty ^.J]';!' by"former of the seventh day of August, in the year of our Lord one thousand without co sent of eight hundred and fifty-six, it shall be provided as it was in that treaty, '"^tter. that no part thereof sliall ever be sold, or otherwise disposed of, by the said Seminole Nation without the consent of the Creek Nation formally and explicitly given. Article YIII. The Confederate States of America do hereby solemnly No St .to or Ter- agree and bind themselves that no State or Territorj' shall ever pass laws ritory to pat^s law? tor tlie government of the Creek Nation ; and that no portion of the (^'r^eeiT^'^"'^^" country hereby guaranteed to it shal' ever be embraced or included within or anuescd to any Territory or Province ; nor shall any attempt Greeks not to be ever be m-ide, except upon the free, voluntary and unsolicited app^'ca- |^'^*'''''^^'i''j[^'jI"',^j1"jp° tion of the said nation, to erect the said country, b}' itself or with any rial or pdiiical or- othe'-, into a State or any other territorial or political organization, or s^uizauon without to inci)rporate it into any State previously created. ^^*'''" ^"'' °"°'°°*- Article IX. So far as may be co?npatib!e with the Constitution of the Confederate States and with the 1-iws made, enacted or adopted in conformity thereto, regulating trade aud intercourse with the Indian tribes, as the same are limited and modified^ by this treaty, the Creek Government. Nation shall possess the otherwise unrcbtrieted ri_:ht of self-governtuent, and full jurisdiction, judicial and otherwise, over persons and property within their limits; excepting only such white persons as are not, by Restrictions, birth, adoption or otherwise members of either the Creek or Seminole Nation; and that there may be no doubt as to tlic meaning of this exceptioff, it is hereby declared that every white person who, having married a Creek or Seminole woman, resides in the said Creek country, or who, without intermarrying, is permanently domiciled therein with the consent of the authorities of the nation, and votes at elections, is to be deemed and taken to be a member of the said nation, within the true Membership, intent and meaning of this article; and that the exception contained in the laws for (he punishment of offences committed in the Indian countr}*, to the effect that they shall not extend or apply to olTeuccs committed by one Indian against the person or property of another Indian, shall be so Pucisliiaeut of extended and enlarged by virtue of this article when ratified, and with-offcaoea. 292 TREATY WITH THE CREEK NATION. out further legislation, as that none of said laws shall extend or apply to any offence committed by any Indian, or negro, or mulatto, or by any such white person, so by birth, adoption or otherwise a member of such Creek or Seminole Nation, against the person or property of any Indian, negro, mulatto, or any such white person, when the same shall be com- mitted within the limits of the said Creek Nation as hereinbefore defined; but all such persons shall be subject to the laws of the Creek Nation, and to prosecution and trial before its tribunals, and to punish- ment according to such laws, in all respects like native members of the said Creek Nation. Intruders to be ARTICLE X. All persons who are not members of either the Creek or kept out of t.he gg,jjj„^^jg ]\j;itiou, found in the Creek country, as hereinbefore limited, shall be considered as intruders, and be removed and kept out of the same, either by the civil officers of the nation under the direction of the Executive or the General Council, or by the agent of the Conl'ederate States for the nation, who shall be authorized to demand, if necessary, the aid of the military for that purpose ; with the following exceptions only, that is to say : Such individuals, with their families as may be in the employment of the government of the Confederate States ; all per- sons peaceably travelling, or temporarily sojourning in the country, or trading therein under license from the proper authority ; and such persons as may be permitted by the Creeks or Seminoles with the assent of the agent of the Confederate States, to reside within their respective limits without becoming members of either of said tribes. Hesftrvatiin of ARTICLE XI. The tract of two Sections of land, selected by the Pres- lands for Indian i(Je„t, of the United States, under the treaty with the Creek Nation, agencj. Concluded on the twenty-fourth day of January, in the year of our Lord, one thousand eight hundred and twenty-six, at which the Creek Agency is now maintained, and whereon the public buildings of that agency have been erected is hereby reserved to the Confederate States in the same manner as the same was, by that treaty, reserved to the United States, and is not included in the guarantee of lands aforesaid, but shall be within the sole and exclusive jurisdiction of the Coniederate States, except as to members of the Creek or Seminole Nation as above defined, all offences committed by whom thereon shall be punished by the laws and courts of the said nation whenever they would be so punished if Proviso. committed elsewhere in the nation : Provided, That whenever the agency for the said nation shall be discontinued by the Confederate States, and an agent no longer appointed, the said tract of two sections o-f land shall pass to and vest absolutely in the ('reek Nation in the same manner as its other lands with all the buildings that may be thereupon. Reservation of Abticle XII. The Confederate States shall have the right to build, lands for forts, establish and maintain such forts and military posts, temporary or per- mihtary poatH and jjjj^^gj^^^ ^^j ^^ make and maintain such military and post-roads as the President may deem necessary, within the Creek country ; andthecjuau- tity of one mile square of laud, including each fort or post, shall be reserved to the Confederate States, and within their sole and exclusive Restriction/'. jurisdiction, so long as such fort or post is occupied ; but ifo greater quantity of land beyond one mile square shall be used or occupied, nor any greater quantity of timber felled than of each is actually requisite ; and if in th-c establishment of such fort, post, or roads, or of the agency, the property of any individual member of the Creek Nation, or any ' property of the nation itself, other than land, timber, stone and earth, be taken, destroyed or injured, just and adequate compensation shall be made by the Confederate States. Right of w»y for ARTICLE XIII. The Confederate States or any company incorporated ^rapbline- by them, or any one 01 them,shall liavethcright of way tor railroads or tele- TREATY WITH THE GREEK NATION. 293 graph Hues through the Creek country ; butin case of any incorporated com- pany, it shall have such right pf way only upon such terms and payment of such amount to the Creek Nation as may be agreed upon between it and the national council thereof; or, in case of disagreement, by making full compensation, not only to individual parties injured, but also to the nation for the right of way; all damage and injury dune to be ascer- tained and determined in such manner as the President of the Confede- rate States shall direct. And the right of way granted by said nation for any railroad, shall be perpetual, or for such shorter term as the same may be granted, in the same manner as if no reversion of their lands to the Confederate States were provided for, in case of abandonment by them, or of extinction of their tribe. Article XIV. No person shall settle, farm, or raise stock within the Farming within limits of any post or fort, or of the agency, except such as arc, or may ^^*' '"°"* °^ *^°^ bo, [in] the employment of the Confederate Statesin some civil or military agcu'cj pioLibiied. capacity, or such as, being subject to the jurisdiction and laws of the Creek Nation, are permitted by the commanding officer of the fort or post to do so thereat, or by the agent to do so upon the agency reserve. Articlk XV. The Confederate States shall protect the Creeks from Creeks to be pro- domestic strife, from hostile invasion, and from aggression by other '«cted from donice- Indians and white persons not subject to the jurisdiction and laws of j^^^^gj^^'g^^^"* ' " the Creek Nation, and for all injuries resulting from such invasion orgressiou by othei aggression, full indemnity is hereby guaranteed to the party or parties I«»dians, Ac. injured, out of the Treasury of the Confederate States, upon the same principle and according to the same rules upon which white persons are entitled to indemnity for injuries or aggressions upon them committed by Indians. Article Xv I. No person shall hereafter be licensed to trade with License ti tradti the Creeks, except by the agent, and with only the exceptions hereinafter ^'*^ '^° I^^'*''*- mentioned, with the advice and consent of the national council. Every such trader shall execute bond to the Confederate States in such form and manner as was required by the United States, or as may be required by the bureau of Indian affairs; and hereafter it shall be in the powei" of Conditions im- the general council of the Creek Nation to levy and collect of all licensed P°^^^- traders a tax not exceeding one and one fourth per cent, on the first cost of all goods, wares and merchandise hereafter brought by them into the nation for sale ; which first costshall, in all cases, be ascertained from the invoices, copies whereof are required to be furnished to the agent. Such tax shall be paj^able immediately upon and after the importation into the nation of each stock of goods, but shall in no case be levied twice on the same stock or part of the same : Provided, That no tax shall be levied Proviso. / for the present year, upon the stocks of goods now held by licensed traders ; but onlj^ upon such as they shall hereafter receive, and upon so much of their present stock as shall remain on hand on the first day of January next. No appeal shall hereafter lie to any officer whatever irom the;_ decision of the agent refusing to license any applicant. Article XVII. Immediately upon the signi?ig of this treaty, the Trad eri» to apply agent of the Confederate States'shall notify each licensed trader in the [^|^^''^*"g'\|'j"J["„' Creek Nation that he is required to spply for a license under the laws of .-jq da\s aft^rsign- the Confederate States within thirty days after the date of such notice; ing of treaty, and any one failing to do so shall be considered as an intruder, and be immediately removed from the country. Upon each such application the agent shall decide and grant or refuse the same at his discretion, as heretofore, and his decision shall be final. Every license so granted by him shall be for the tei'in of twelve months in addition to the unexpired portion of the year 1861 ; and if, at the expiration of the year 1862, a renewal of licease should not be granted to any such trader, he shall \ 294 TREATY WITH THE CREEK NATION. ncvertlieless be entitled to remain in the country such reasonable length of time as may, in the opinion of the agent, be necessary, under the protection of the laws of the Confederate States, as a person peaceably sojourning therein, for the purpose of collecting such debts as may be Proviso. due him: Provided, That no such license shall be granted by the agent, unless the part}- applying shall have paid the whole amount uf compen- sation for land and timber assessed for the year 1861, by the eauncil with the assent of the agent ; and that any license hereafter granted shall be revoked on failure or refusal to pay in due time the tax that may be legally assessed in any year. When a second license is applied for by any such party, or hereafter when any new party applies for license, it shall be granted with the advice and consent of the national Further proTiso. council : And provided also, That if the general council has any well founded objection to the present renewal of any license to any person now licensed as a trader, for which such renewal ought not, under the law, to be granted, it may present such objection to the agent, who shall refuse to renew the license in that case if he finds such objection to be well founded and sufficient; and if he do not so refuse, the general council may cari-y the matter before the superintendent, whose decision shall be final. Removal of cer- ARTICLE XVIII. All restrictions and limitations heretofore imposed tain restrictioDs in qj. existiuo" bv treaty, law or regulation, upon the rijrht of any member of personal prop- ^"^ ^'■^^ breek Aation treely to sell and dispose oi to any person whatever, crij. any chattel or article of personal property whatever, are hereby removed and annulled, except such as the laws of the nation itself may have created. Appointment of ARTICLE XI^. Au agent of the Confederate States and an interpreter Sr ''°*^ '"'''''" shall be continu'ed to be appointed for the Creek Nation, both of whom shall reside at the agency ; and whenever a vacancy shall occur in either cf the said offices, the authorities of the nation shall be consulted as to the person to be appointed to fill the same, and no one shall be appointed against whom they in gjod faith protest ; and the agent may be removed on petition and formal charges preferred by the constituted authorities of the nation, the President being satisfied, upon full investigation, that there is sufficient cause shown for such removal. Wliat Indians ARTICLE XX. The Creek X^ation may, by act of its legislative author- may resifo in t e -^j^g^ receive and incorporate in itself as members of the nation, or permit to settle and reside upon tne national lands, such Indians oi any other tribe as to it may seem good ; and may sell such Indians p©rtions of land, in fee, or by less estate, or lease them portions thereof ft;^ years or other- Wbo shall been- wise, and receive to its own use the pi'ice of such sales or leases; and it titled '•o ^^^S) hold ^\f^^Q shall determine who are members and citizens of the nation enti- nuities or the com- ^^^^ ^^ \oiQ at elections, hold office or share in annuities, or in the common Kion lauds. lands : Provided., That when persons of another tribe shall once have Proviso. been received as members of the Creek X^ation they shall not be dis- franchised or subjected to any other .restrictions upon the right of voting than such as shall apply to the Creeks themselves. But no Indians other than Creeks and Seminoles, not now settled in the Creek country, shall be permitted to come therein to reside, without the consent and permis- sion of ihe legislative authority of the nation. Penalty for set- ARTICLE XXI. If any citizen of the Confederate States or any other tling upon lands of person not being permitted to do so by the authorities of said nation, or out permission. authorized by the terms of this treaty, shall attempt to settle upon any lands of the Creek Nation, he shall forfeit the protection of the Confed- erate States, and such punishment may be inflicted upon him, not being cruel, unusualor excessive, as may have been previously prescribed bylaw of the nal'xon. TREATY WITH THE CREEK NATION. 2?'5 Article XXIT. No citizen or inhabitant of tlio Confederate States citizens of the shall p:isture stock oa the lands of the Creek Nation, under the penalty '^- ^- ™Y >H>t^p;i>'- of one dollar per head for all so pastured, to be collected by the "luthor- j"f^'^_"^^,j^"|Jj|,y^',^. ities of the nation ; but their citizens shall be at liberty at all times, and ai time , trar'l whether for business or pleasure, peaceably to (ravel the Creek country ;the Creek cou^Ij^. and to drive their stock to market or othervrisc through the same, and to halt such reasonable time on the way as may be necessary to recruit their stock, such delny being in good faith for that purpose. ^ Article XXIT[. It is also i'urthcr agreed that the members of the Creeks to bave Creek Nation shall have the same ri^bt of travelling, driving stock and ''^■" ^'fP'' '^'S*'^' '" - , . . , . f? 1 />i (■ 1 Li ■, • • travul m liny ot the halting to recruit tlie same m any ot the Conteaerate htates as is given (j_ ^, citizens of the Confederate States by the preceding article. Article XXIV. Tbo officers and people of the Creek and Seminole Porsrinal ar. d Nations respectively, shall at all times have the right of safe conduct T^°'''.'*^'^''' ff ''.*"' and free passage through the lands of each other; and the members of „[u„-t'-fg''^° ^^^ each nation shall have the right, freely, and -without seeking license or Cref^ks and Semi- permission, to settle within the country of the other, and shall thereupon "^''^*^- be entitled to all the rights, privileges and immunities of members thereof, including the right of voting at elections, and of being deemed qualified to hold office, and excepting only that no member of either nation shall be entitled to participate in any funds belonging to the other nation. Members of each nation shall have the right to institute and prosecute suits in the courts of the other, under such regulations as may, from time to time be prescribed by their respective legislatures. Artiolk XXV. Any person duly charged \vith a criminal offence. F"3i'>^'<~3 from against the laws of either the (reek or Seminole Nation, and e'^caping'^j.^.j^^^^.g^j^ into the jurisdiction of the other, shall be promptly surrendered upon the demand of the proper authority of the nation within whose juris- diction the offence shall be alleged to have been committed. Article XXVI. The Creek Nation shall promptly apprehend and /crfons .iccupod deliver up all persons accused or any crime against the laws ot the Con-3^,gj^j,f -jjigQ ^ ,^ federate States, or any State thereof, who may be found within its limits, he dolivercJ up. oa demand of any proper officer of a State or the Confederate States. Article XXVII. In addition to so much and such parts of the act Lawi- in force H of Congress of the United States, enacted to regulate trade and inter- "le/^'^ek counujr course with Indian tribes, and to preserve peace on the frontiers as have ^ '""^ " been re-enacted and continued in force by the Confederate States, and as are not inconsistent with the provisions of this treaty, so much of the laws of the Confederate States as provides for the punishment of crimes amounting to felony at common law or by statute against the laws, authority or treaties of the CiMifederate States, and over which the courts of the Confederate States have jurisdiction, including the coun- terfeiting the coin or securities of the Confederate States, or uttering counterfeit coin or securities, and so much of such laws as provides for punishing violators of the neutrality laws, and resistance to the process of the Confederate States, and all the acts of the provisional Congress, providing for the common defence and welfare, so far as the same are not locally inapplicable, shall hereafter be in force in the Creek country. Article XXATII. Whenever any person who is a member of the Any member r,f Creek Nation shall be indicted for any offence in any court of the Qon-*^'' ,^^^^;^ n.Htion, > 1 II I • 1 1 c ?liail. wlien iinuot.- federate States or in a State court, he shall be entitled as ot common ,.^ ),y a Cou'ede- right to subpoena, and if necessary compulsory process for all such wit- rate or Snafo court, nesses in his behalf as his counsel may think necessary for his defence, ^'^^^ "'?.''' *" ''"*'■ , n ■ 1 •.•' J c ■ 4-[ c J posna witnesses, and the costs ot process tor such witnesses, and ot service tnereot, and the fees and mileage of such witnesses shall be paid by the Confederate States, being afterwards made, if practicable, in case of conviction of the property of the accused. And whenever the accused is not able to 296 TREATY WITH THE CREEK NATION. Wh 11 notable to employ counsel, the court shall assign Lim one experienced counsel for eiiipiuy, tlie court his defence, wlu) shall be paid by the Confederate States a reasonable coil *f^''^'''° '™ compensatio}) for his services, to he fixed by the court, and paid upon the certificate of the judge. /\U ;,ny.^ la re- ARTICLE XXIX. The provisions of all such acts of Congress of the of fuoitire .si.,vcs, Couicaerate btates as nmy now be in lorce, or may hereatter be enacted, or fugitives from for the purpose of carrying into eS'ect the provision of the constitution labor or ju.sticc jjj regard to the re-dclivery or return of fugitive slaves, or fugitives from Creek nation. labour and .service, shall extend to, and be in full force within the said Creek Nation ; and shall also apply to all cases of escape of fugitive slaves from the said Creek Nation into any other Indian nation or into one of the Confederate States, the obligation upon each such nation or State to re-deliver such slaves being in every case as complete as if they had escaped fr^im another State, and the mode of proc dure the same. Members of Creek ARTICLE XXX. Persons belonging to the Creek Nation shall hereafter witnesses in C. S. ^^ competent as witnesses in all cases, civil and criminal, in the courts CO ins. of the CJoutederate States, unless rendered incompetent from some other cause than their Indian blood or descent. OOiciiil acts of ARTICLE XXXI. The official acts of all judicial officers in the said judicinl^ officers^ m„.ition .shall havc the same efiect, and be entitled to the like faith and same eilVc- a'^ like ^''^'^^''' everywhere, as the like acts of judicial oiiicers oi' the same grade acts of otFicers of and jurisdiction in any of the Confederate States; and the proceedings same grade, Ac, iu of t^g courts and tribunals of the said nation, and copies of the lawa ■ ■ and judicial and other records of the said nation shall be authenticated like similar proceedings of the courts of the Confederate States, and the laws and office records of the same, and be entitled to like faith and credit. Existing? law sin Article XXXII. It is hereby declared and agreed that the institution reference to slavery ^ i • ,i • i ^- ■ \' \ j l • . i i' i- • • i ded-.rcd biudin" slavery in the said nation is legal and has existed rioin time itnmenionai ; that slaves are taken and deemed to be personal propeily ; that the title to slaves and other propeity having its origin in the sai(i nation, shall he deter- mined by the laws and customs thereof; and that the slaves and other ])ersonal pi'operty of every person domiciled in said nation shall pass and be distributed at his or her death, in aecordance with the laws, usages and customs of the said nation, which may be proved like ftn-eign laws, usages and customs, and shall everywhere be held valid and binding within the scope of their operation. N ) :t fac'o Article XXXIII. No cx2)ost factolaw or huv impairing the obligation of laws impairing the f.Qj^j^i.j^yjg j.^.^!) g^.^,. ]i^q enacted by the leo-islative authority of the Creek obligation of con-vj »• , tr , .1 xi "•. 1 1. 11 tracts. pas?cd by -i^ation, to eiiect any other per.sons than its own people; nor shall any the Creek T egisla- citizen of the Confederate States or member of any other Indian nation turo to effect any q,. tyWjQ, {^q dei)rived of his property or deprived or restrained of his lib- -i u ' • 1 1 • • xi • 1 i. bers of said nation ^^'^i'-' °'" ^^"^' P*-'"'dty or forfeiture be imposed on liim in the said country, Ac. 'except by the law of the land, nor without due })rocess of law; nor shall any such citizen be in any way deprived of any of the rights guaranteed to all citizens by the (;onstitutiou of the Confederate States; and it shall be within the province of the agent to prevent any infringement of such rights and of this article, if it should in any case be nct'essary. Post-offices and AuTicLK XXXIV. That llie Congiess of tiie Confederate States shall "*'^'^^' establish and maintain post-ofKces at the most important places in the Creek Nation, and cause the mails to be regularly carried at reasonable intervals to and fron) the same, at the same rates of postage, anil in the same man- ner as in the Confederate States. I>igbtofferria-e. ARTICLE XXXV. Whenever any stream, over whi(di may it be desirable to establish ferries, forms the boundary of the Creek countiy, moinber.? of the Creek Nation shall have the right of ferriage from their own land to the opposite shoi'e; and no more onerous terms shall be imposed by the State TREATY WITH THE CREEK NATION. 207 or nation opposite than such as it imposes upon its own citizens havinc^ ferries on the same stream. Akticle XXXVr. In consideration of the rommon interests of the ^ regiment of Creek Nation and th-e Confederate Slates, and of the protection ZT-^^.tl toTcrJ"^ aiid rights sruaranteod to the said nation hy this treaty, the Creek in tbe armies of th^ ISation hereby ao^rees that it will, either by itself or in conjunction C. S. with tlie Seminole Nation, raise an(] furnish a regiment of ten companies of mounted men to serve in the armies of the ConfeJerate States for twelve months, the company oflicers wlioreof sh;dl be elected bv the menibers of the company, and the field officers In- a majority of the votes of the inem- bersof the regiment The men shall be armed by the Confederate States, receive the same pay and allowances as other mounted troops in tlie service, and not be moved beyond the limits of the Indian country west of Arkansas without their consent". Aiaration, indebted, and still continue to be indebted to the Creek Nation, and bound J98 TREATY WITH THE CREEK NATION. to tlie punctual payment to them of the following sums annually, on the first day of July of each year, that is to say : Perpetual annuities, amounting in the aggregate to twenty-four thousand five hundred dollars, under the fourth article of the treaty of the seventh day of August, A. D., one thousand seven hundred and ninety ; the second article of the treaty of the sixteenth day of June, A. D., one thousand eight hundred and two; and the fourth article of the treaty of the twenty- fourth day of January, A. D., one thousand eight hundred and twenty-six. Interest at the rate of five per cent, per annum on two hundred thousand dollars, which, by the sixth article of the treaty of the seventh day of August, A. L)., one thousand eight hundred and/or^?/ [fifty]-six, the United Sties agreed to invest in some safe stock, paying not less than that rate of interest, and to pay the interest regularly and faithfully, to be applied to purposes of education among the Creeks, but whieh they never invested ; being ten thousand dollars per annum, or moi'e, pavable perpetually. The sum of one thousand seven ])undred and ten dollars perpetually, the agreed cost of the wheelwright, blacksmith and assistant, blacksmith, shop and tools, and iron and steel, annually, under the eighth article of the treaty of the twenty-fourth day of Jaiiuary, A. D., one thousand eight liundred and twenty-six. The sum of eight thousand two hundred and twenty dollars payable annually, until an?i upon, and ending upon the first day of July, A. D., one thousand eight hundred and sixty-four, being for the sums of six thousand dollars per annum, for education for seven years from and after the fiscal year ending 30th June, A. D., one thousand eight hundred and fifty-seven, under the fourth article of the treaty of the fourth day of January, A. I)., one thousand eight hundred and forty-five, as the same is recited in the fifth article of the treaty of the seventh day of August, A. D., one thousand eight hundi-ed and fifty-six ; ami of two thousand two hundred and twenty dollars, being the estimated annual cost of the provision for two black- smiths and assistants, shops and tools, iron and steel, under the thirteenth article of the treaty, made the twenty -fourth day of March, A. ])., one thous'uid eight hundred and thirty-two, and which was continued for seven yeai-s from and after that fiscal year by the treaty of the seventh day of August, A. D , one thousand eight hundred and fifty-six. The sum of four tliousand seven hundred and ten dollars which was payable during the pleasure of the President of the United States, as follows, to-wit : two thousand dollars per annum for assistance in agricul- tural operations under the eighth article of the treaty of the twenty- fourth (lay of January, A. D., one thousand eigh'-, hundred and twenty-six; one thousand dollars per annum for education under the fifth article of the treaty of the fourteenth day of February, A. 1)., one thousand eight hundred and thirty three ; and one thousand seven hundred and ten dollars per annum, the estimated annual cost of the wagon-mak-^r, blacksmith and assistant, shop and tools, iron and steel, under the same fifth article of the same treaty last aforssaid ; indefinite continuance of the payment of whicli three sums was provided for by the treaty of the seventh day of August, A. D., one thousand eight hundred and fifa-six. And it is also hereby ascertained and agreed between the parties to this treaty that tliere was due to the Creek Nation, on the first day of July, in the year of our Lord, one thousand eight hundred and sixty-one, for and on account of these annuities, interest and annual instalments, and of arrearages thereof, the sum of seventy-one thousand ninte hundred and sixty dollars, as follows, that is to say : For the perpetual annuities then due, twenty-four thousand five hundred dollars. For interest and arrearages en the said sum of two hundred thousand TREATY WITH THE CREEK NATION. 299 dollars, provided to be invested for purposes of ediu-ation by the sixth article of the treaty of the seventh day of August, A. D., one thousand eight hundred and fifty-six, -which has never been invested, and the five instalments of interest whereon at the rate of five per cent, per a-nnum, due up to and upon the first day of July, A. 1 >., one tliousand eight hundred and sixty-one, amount to the sum of fifty thousand dollars, whereof twenty-one thousand dollars only has been paid, the surn of twenty-nine thousand dollnrs. For the two sums aforesaid due for educational purposes, seven thousand dollars. For sums due for wagon-makers, blacksmiths, shops, iron and stfeel, and agricultural purposes, seven thousand six hundred and forty dollars, and for arrearages of same, being one-half of the annual sum due on the first day of July, A. I)., one thousand eight hundred and sixty, and unpaid, three thousand eight hundred and twenty dollars, or together eleven thousand four hundred and sixty dollars. And it not being desired by the Coni'ederatc States that the Creek Nation should continue to receive these annual sums from the government of the United States, or otherwise have any further connection or communication with that gov- ernment and its Superintendents and agents ; therefore, the said Confede- rate States of America do hereby assume the payment, for the future, of all the above recited annuities and annual payments, and agree and bind themselves regularly and punctually to pay the same ; and do also agree and bind themselves to pay immediately upon the complete ratification of this treaty, the said sum of seventy-one thousand nine hundred and sixty dollars for such annuities and annual payments, due on the first day of July, A. D. one thousand eight hundred and sixty-one, and for arrearages as above stated. AuTicLE XLII. It is also furtlier agreed between the said parties to Amouut due this treaty, that the United States of America, while the said several °j^P^^«°^J'^^^'[^^;^^^^ Confederate States were States of the said United States, held and do , still continue to hold in their hands, invested in bonds and stocks of certain States, part or all of which are now members of the said Con- federacy of States, the sura of two hundred thousand seven hundred and forty-two dollars and sixty cents, bearing an annual interest of eleven thousand six hundred and ninety-four dollars and fifty-four cents, and also arrearages of interest on the same in money, which amounted, ou the first day of July, A. 1)., one thousand eight hundred and sixty- one, to so much as to make, with the principal, the sum of two hundred and forty-nine thousand nine hundred and thirty-seven dollars and fourteen cents, in bonds, stocks and money, in the hands of the United States, and belonging to those persons surviving, and the legal represen- tatives of those persons deceased, who were orphan children of the Creeks, on the twenty-fourth day of March, A. D., one thousand eight hundred and thirty-two, the same being the proceeds of the twenty sections of land selected under the direction of the President of the United States, for such orphan children of the Creeks under aud by virtue of the second article of the treaty of that date, and which were sold and the proceeds invested in such stocks as aforesaid, under the direction of the President of the Ihiitcd States, in conformity to the provision of that article that said twenty sections should be divided and retained, or sold, for the benefit of such children as the President might direct. And it is further agreed that in addition to this sum, and to the sum Amount due cer- of two hundred thousand dollars which should have been invested under ^"'^ claimants. the sixth article of the treaty of the seventh day of August, A. D., one thousand eight hundred aud fifty-six, there has also long been and still 300 TREATY WITH THE CREEK NATION. is due and owing from the said United States to certain individuals in the Creek Nation, from claims allowed by William Armstrong, as Com- missioner, in their favour on account of depredations by the Osages, as provided by treaty, the sum of nine thousand seven hundred and fifty- seven dollars and fifty cents, to pay which, and other like claims, there has long remained in the treasury of the United States the sum of six- teen thousand dollars, remainder of the sum of thirty thousand dollars allowed by treaty with the Osages, made the eleventh day of January,. A. D., one thousand eight hundred and thirty-nine, for the purpose of Piiyment of or- paying what should be adjudged for such depredations; and the said phan chiklren and Confederate States of America do hereby assume the duty and obliga- b '^'he* Confederate *'io'^ of Collecting and paying over as trustees to the said Creek Nation, stau-s. for the said orphans and legal representatives of orphan children of the Creeks, all sums of money accruing, whether from interest or capital of the bonds of the several States of the Confederacy now held by the government of the United States as trustee for the said orphans and legal representatives of orphan children of the Creeks, or for the Creek Nation ; and the said interest and capital, as collected, shall be paid over to the said orphans or legal representatives of orphans of the Creeks States not to pay or to the Creek Nation for them. And the said Confederate States will ofl^rbondTtTu'^*^*^!""-^^ *'^^ several States whose bonds are so held, to provide by legis- s. but to c. S. inlation or otherwise, that the capital and interest of such bonds shall not trust for saiil or- ]jq paid to the government of the United States, but to the government ^' ''"'■ of the Confederate States, in trust for the said orphans and legal repre- sentatives of orphans. Final settlonient And the said Confederate States hereby guarantee to the said Creek and full paynifin^Xation the final settlement and full payment upon and after the restora- to be mude afier , , ,• i ^ • • j> i • • i i tLe restorjition oftion ot peace, and tlie establishment and recognition or their mdepenu- peace. enee, as of debts in good faith and conscience, as well as in law due and owing, on good and valuable consideration, by the said Confederate States atid other of the United States, jointly, before the secession of any of the States, of all the said sums of money so due and owing by the late United State-s, and of any sums received by that government, and now held by it, by 'vvay of interest on a capital of said bonds of the States; and do also ^ guarantee to it the full and final settlement and payment, at the same period of the capital and interest of any and all bonds or stocks of any Northern State, in which any of the Creek funds may have been invested. All c*t'"-i' sums Article LXllI. It is also further agreed that whatever sums of ttl'bo paid upon the '""^oney are by this treaty provided to be settled and paid by the Confede- rcstoration o f rate States to the Creek Nation, for itself, upon the restoration of peace, P®'^^®- not including those belonging to the said orphan.s, shall be paid over to the authorities of the nation, to be held by them invested in stocks, or shall be by tlie government of the Confederate States so invested, in stocks bearing the best rate of interest, and at the market rate of such stocks as the authorities of the nation may require, so that the nation may in either mode, liave aril the advantages of the investment; and that, if paid over f to the auti)orities of the nation, the government of the Confederate States shall have no further control over the same in any wise, nor be in any wise responsible for its proper investment or disposition. Treaties with the ARTICLE LXIV^. It is further agreed between the parties that all provi- U. S. not incuusis- sions of the treaties of the Creek Nation with the United States which treafy^to bo bind'^ ^^'^'^'"^ ^'' £ru;^''fnitee to the Creek Nation, or individuals thereof, any rights ing. or privileges whatever, and the place whereof is not supplied by, and which are not contrary to, the provisions of this treaty, and so far as the same are not obsolete and unnecessary, or repealed, annulled, changed or modified by subsequent treaties, or laws, or by this treaty, are and shall be continued in force, as if made with the Confederate States. TREATY WITH THE CREEK NATION. 3;) I Amnesty. Piiyment of cx- of Creek issioners. Article LXV. It is hereby further agieed by the Confederate States Creeke entitkni that all the members of the Creek Nation as liereinbefore defined, shall t' owu land, and 11 c J iiiiiiiii I 1 J i sue in the courts of be heiiceiorward competent to take, hold and pass, In' purchase or descent, .,ny of the State* of lands in any of the Confederate States heretofoie or hereafter acquired by the C. S. them, and to sue and implead in any of the courts of each of the States, in the same manner and as fully, and under the same terms and resti ictions and the same conditions only as citizens of another of the Confederate States can do. Article LXVI. A general amnesty of all past offences against the laws of the United States, and of the Confederate States, committed in the Indian country before the signing of tins treaty, by any member of tlie Creek Nation, as such membership is defined by this treaty, is hereby decleared ; and all such persons, if any, whetlier convicted or not. imprisoned or at large, charged with any such offence, shall receive from the President full and fVee pardon and be discharged. AirncLK LXVir. It is also further agreed that the sum of sev. n hundred and fifty dollars shall be ai)i)roi)riated, upon the ratification of this treaty, l^'""""'" by the Congress of the Confederate States, to pay the expenses of the Commissioners of the Creek Nation who have negotiated the same, and that the same shall be paid to the Princiital Chief, Motey Kinnaini, who shall distribute the same among the Comtv;issioners as they shall agree and direct. AinicLE LXVIII. This treaty sliall take efle(^t and be obligatory upon the contiacting paities, from the tenth day of July, in the year of our l^ord one thousand eight bundled and sixty-one, whenever it shall be ratifici] by the General Council of the Creek Nation, and by the Provi- sional Pi'esident and Congress, or the President and Senate of the Con- federate States. Ill 'perpetual testimony whereof ^ the said Albert Pike, as Commissioner, with plenary powers, on the part of the Confederate States, doth now hereunto s^t his hand and af1ix the seal of his arms, and the undersigned, the Commissioners appointed in tliis behalf by the (ileneral Council of the Creek Nation, do hereunto set their hands and affix their seals. Done in duplicate, at the i)lace, and u]ion the day, in the year first aforesaid. ALHER'l' PIKK, Comin,lssion.cr of the Confederale States to the Iiidlaii.s west of Arkansas. xMOTY KINNIAKl),' JOHN J,. SMITH, -> . i^riwiiml Chii'f. TIM BARN I^T IT, ICllO IIACUO, W. F. MclNTOSH, Principal Chief Upper Creeks. (iEO. \V. DIUNTCN, Wlieu efftcf. to t;ike CHILLY MclNTOSH, LOUIS MclNTOSH, JAMES M. C. SMITH, G. W. STIDHAM, TllOS. C. CARR, Signed in duplicate in our presence OK-CHUN HACHO, CO-AS-SA'1-TI KIX-I-KO, JOSEPH COliNELLS, GEO. W. WALKER, SAMUEL CHECOTE. M. H. GARREIT, C. S. A'tent. G. W. STIDHAM, C. S. Iitterpreter. W. WARR^:N JOHNSON, \VM. QUESEN PERRY, Secretary to Commissioner. TI. S. BUCKNER, W. L. PIKE. so 5 TREATY WITH THE CREEK NATION. RatiSeatii.n by Whereas, a treaty of alliance and friendsliip was made and concluded, tha Creek natiou. subject to the ratification of the g-eneral council of the Creek Nation, on the tenth day of July, in the year of our Lord, one thousand eight hundred and sixty-one, by and between Albert Pike, Commissioner with plenary powers, of the Confederate States of America, on the part and behalf of the Confederate States, and Motey Kinnaird, Pi'incipal C'iiief, Iclio Hacho, First Chief of the Upper Creeks, Chilly Mcintosh, Louis Mcintosh, James M. C. Smith, (reo. W. Sddham, Thomas C. Carr, John L. Smith, Timothy Baruett, William F. Mcintosh, Georg-e W. Brinton, Ok-Cliun Hacho, Co-as-sa-ti Fixico, Jose|)h Cornells, George V W. Walker, Samuel Chicote and Daniel N. Mcintosh, a Committee appointed by the General Council of Mus-kodvi Nation, at the North Fork Village, on the North Fork of the Canadian liiver, in the said Creek Nation ; and whereas by the forty-ninth article thereof, it is pro- vided in tliese words, that "This Treaty shall take effect and be obliga- tory upon the contracting ])arties, from the tenth day of July, in the year of our Lord, one thousand eight hundred and sixty-one, whenever it shall be ratified by the General Council of the Creek Nation, and by the Provisional President and Congress, or the President and Senate of the Confederate States;"' Now therefore he it knoiun, That the Creek or Mus-ko-ki Nation, in General Council assembled, on this, the twentieth day of July, in the year of our Lord, one thousand eight hundred and sixty-one, at the Council Ground of the said nation, having maturely considered the said treaty, and every article and clause thereof, and being satisfied therewith, doth upon its part, assent to, ratify and confirm tlie same, as its solemn act and compact, as is therein stipulated, and doth direct that a copy of this ratifi- cation signed by the Principal Chief and National Clerk be annexed to each part of the said treaty for authentication thereof. Thus done and approved, the day and year aforesad. k A true copy of the original act of ratification, as adopted by the General Council. MOTEY KINNAIRD, Principal Chief. Attest : ] >. N. McIntosii, National Cleric. Signed and attested in our presence. W. n. GARRETT, C, S. Aaevi for the Creeks. G. W. STIDHAM, C. S. luterjyrctcr for the Creeks. / Names of the Chiefs who signed the treaty concluded on the lOtli day of July, 1861, and approved by the General Council of the Creek Nation on the 20tl) July, 18G1, between the Confederate States of America and the Creek Nation of Indians : Echur Harjo, Cowassart Harjo, Nocus Emathla, I'S-so-na Harjo, In-suk-ko, Tustunnuk Kee, Ar-chu-le Harjo, Oh-sa Ya-ho-la, He-ne-matheo-che, Tuliisse Fixico, Tallof Harjo, No-cus-illy, (Mia-loTv' IIarjoy> Ok-ta-ha-hassee Harj o, Ho-sichc Boatswain, G'hear-ke-ta, Ya-ha Harjo, Fixico Harjo, Ok-chuu Harjo, Ne-ha Ya-ho-la, Tallise Fixico, Jimmy Larney, Hali)utter Mikko, Samuel Lasley, TREATY WITH THE CREEK NATION. 803 Ya-ha Tustunnukke, Ne-ha Ya-ho-la, Co- we Ilaijo, Wm. Bruner, Jacob Derrysaw, E-ne-lia, It-chin Ya-ho-la, Nocus Fixico, Mikko Hutke, Napoche Fixico, Cotchar Fixico, James McIIenry, Car-pit-char Ya-ho-la, Cully Mikko, Attest : To llio ludiaa names are sulijuiued marks. Pow^as-e Marthla, Ok-cus-ca Fixico, Ar-hul Le-mathla, Tul-wa Mikko, Ar-ha-luk Fixico, Lou-cher Harjo, Carpechar Fixico. National Clerk. ARTICLE SUPPLEMENTARY To the treat// concluded heticccn the Confederate States of America and. July lo, I>i6!. the Creek Nation of Indians, at the North Fork Villar/e, in the Creek Nation, on the tenth dai/ of July, in the year of our Lord, one thousand eight hundred and sixty-one. Article. The survivors now residing in the Creek Xation, of the Apala- chicola Band of Lidians, have earnestly represented to the commissioner of the Confederate States the facts following, that is to say: That the Apalachicola Band of Lidians, being by origio a part of the Creek Nation, long resided on the Apalachicola river, in what is now the State of Florida, and were parlies to the treaty concluded at canip Moultrie, with the Florida tribes of Indians, on the. eighteenth day of September, A. D., one thousand eight lumdred and twenty-three. That by two treaties, maala(dncola Band, the quantity, in all, of six sections of land, to be laid otl" under the direction of the President, after the lands should have been surveyed. That it was provided by the same two treaties that the said six sections of land might be disposed of by the chiefs, with the consent and advice of the Governor of Florida, at any time before the expiration of said term of three years, and that the said band might thereupon migrate to a country of their choice. And it was furtlier thereby provided, that if, at any future time, the chiefs and warriois of the Apalachicola i^and should feel disposed to migrate from Florida to the Creek and Seminole country west, they might either sell the grants of land made by those treaties, and in that case must, themselves, bear the whole expense of their mis^ration, subsis- tence, (fee; or they might surrender to the United States all the rights and privileges acquired under said two treaties, in which case, they should become parties to the obligations, provisions, and stipulations of the treaty of Payne'd Landing, made with the Scminoles on the ninth day of May, A. P-.^-i:!!!;'?. 304 TREATY WITH THE CREEK NATION. D., one thousand eight, hiinured and thirty-two, as a constituent part of that tribe, and re-unitf. with that tribe in their abode west, in which case the Un.ted States wouhj pay six tliousand dolhirs for the reservations in that case relinquished by the first article of the said two ti'eaties. That in the hostiUties that afterwards took pLace between tlie Creeks and Seminoles and the United States, the said Apahichicola Band remained loyal to the United States, and maintained their peace and fneiidship unbroken; but, in the year 1837, they were induced by the urgent solicita- tion of the emigrating agent of the United States, to remove from the country occupied by them in Florida, to the Indian country west of Arkanstis, leaving the lands so granted them as aforesaid, and a large num- ber of horses, mules, cattle, hogs, wagons, and other articles which they could not collect together and carry with them, and which the said emi- ' grating agent persuaded thenr to leave in his chaige, on his promise that the owners should be paid the value of all such their property, in money, by the agent of the United States, on their arrival in the country provided for them on the west side of the Mississijipi ; a schedule of all of wdiich propei'ty so abandoned, and of its vahie, and of the improvements on lands abandoned by them, and the value of each, is annexed to this article, and forms a part of it. That, by the treaty of Payne's Landing, made on the ninth day of May, A. 1)., one thousand eight hundred and thirty-two, the United States agreed to pay the Seminole Indians, in full compensation for all their claim to lands in the Territory of Florida, and for all improvements on the lands so ceded, the sum of fifteen thousand four hundred dollais, to be divided among the chiefs and warriors of the several towns in a ratio pro- portioned to their population ; and they further agreed to take the cattle belonging to the Seminoles, at the valuation of some pei'son to be a[)poiiited by the l*resident, and to pay the valuation, in money, to the rti#j>et.;tivo owners, or give them other cattle; and the exp<^nses of removal ' were to be paid by the United States, and subsistence for twelve months, to all emigants, furnished by them ; And that no compensation has ever been made any of the said Apa- la(;hicola Band, for the lands or improvements so abandoned by them, or for the horses, mules, cattle and other propei ty abandoned by them ; nor have they ever received any part of the annuities paid the Seminole or Creek Nation since their removal west, or been lecognized as an integral part of the Seminole Nation, as it was provided they should be; And, inasmuch as the forced emigration of the said band, and their surrender and abandonment of their lands, improvements, horses, cattle and other property in consequence thereof, was equivalent, as against the United States, to an election, by them, to suri'ender the rights, privileges secured by the treaties of the 18th June, 1833, and to claim the rights and privileges theieby vesting in them, as parties to the treaty of I'ayne's Landing, of the 9th of May, 1832 ; iack Dirt's l>and of friendly 8emiiioles, who lost pioperty in ^' is^ioiD^it-- like manner, in consequence of their huiriod ronioval west, as the same is contained in the Fchedule thereof, marked B, annexed to this article. And it is also agreed that the claims to money, in lieu of hounty land ai«-. clRima t' "warrants, of the pei'sons whose names and those of their heirs are cOn- m-mpy in Ht^u of tained in the schedule marked C, annexed to tiiis article, shall in jjife'*'''^ '^'^''''^"^■' manner, and at the same period, be investigated, and so f tr as they shall be found to be well founded, shall be paid by the Confederate States. In perpetnal tcatimonij whereof, the said Albert Pike, .Commissioner, with full powers, of the Ci'nfcderale States of Ameria, doth , — >• — ^ N liereunto set iiis hnnd and atlix the seal of his arms. ■| Seal, v Thus done, signed and sealed, at the North Fork Village. f -— ^-r^ — -' ' on the North Fork of the Canadian river, this tenth day of .lidy, in the year of our Lord, one thousand eiglil huu !r..'i-ka ,. ru-\:i-\n Milly Uaiktr ',.. Miccii Vii-lio-Ia John Millv IJelsev...'. I'ally"VVi,lker Ti-fa (iii-i >i Ki-nai lln-iio-vi So-ni 'Ihlan-co i>avy 1 lilsic-ci) l-elly Fi-h = iE! = 6%1P0' ij$20i)lllj 3! 45 fit IMI 8i %W l.)0 100 S'JO HI J 2 U(l 1 1 4(1 4| ini) 3 1 ]-.'ii 31 12(1 el iMo ■A< 14(1 ijl 8(1 7| 'JIO i<\ 18(1 1; 40 J.3(ij 3' 1-JO, 3| !)() 31 I'Jd 2| ^0 4 1 l(-() .1 l*i ^ 30(1 3 J-.'O 6 240 3 IJO 3 120! 3 !•>(.) 1 40 6, 240; f.; 24U (i 240 2i 80 4 -■>] HO 4! i(;o 5 200 31 120 4! 100 2! 80 4| 120 H 3U 3 120 6 J80 1 -fa-la Hiicho Jo Uili'v fritr.oii t(na(hla .lolinsoii. fos lliitchi fJeorge S<)-bo llthli Si-hi-chi qjc-miil-ki Jbho Lewis Thlo-po-li Woe Mi Macho 39n lT(i 48 112 138 .')4 144 y« 152 14 |20 J 19,20 72 l.i 48113 24 lir, 3(i 14 CO I If 42 :io 42,24 30 10 421 8 147 14 i:'8i>» 12t)ii( 0(i!4 30 6 84 2S H r. so. 3.5 10 77il5 Still I 210 24 1 20 9HJI 98 20 128| 147 8 42 14 ce e, 42 12 24 8 00' 1 8 10,^20 4213 1. In 15a 12 ,38 72 27 210 45 2.5 228JB 421 S 54 13 (18 13 42 16 C«20 48 19 60 35 36 15 33 ]5 42 a I 24 4.5 (30 24 42 18 30 24 .54 0< 39 21 33 24 114 51 135 75 54 24 39 54 45 48 60 105 $5L 950 39 Improvement on lai.d. Value of. S40 35 200 ISO 200 160 25 30 20 20 .30 25 25 20 J5 40 ft) 50 45 80 25 30 30 15 20 20 30 25 40 25 40 45 ]U0 40 28 14 •M 10 18 60 38 .27 90 15 30 20 30 Gun, $30, 30O 115 40 55 40 25 20 30 25 .30 35 15 25 TREATY WITH THE CREEK NATION. 307 SCHEDULE A.— Continued. Sobedole A. S5 ; > Kat ch« •iicbo 3$I05| Ya-h« »:«c:i,. 1 3ol Susy 2 so! Sini-mft-lii-rlii Th:i-Uil') fic-»--Co 5 JT.O HB-a-tlihiiH Itiicl.d 6 |80! Co-chi)-ccliii-tu l-:iii!li-l.a Sti-hi-ii]ii-c:.i ! j Wol-hiis-ii I Mice > I)«chi) I I Hok-ii I .ilHcc I Shok-li,.-ka i ! Jenuy I i JJillis ;iacli-cos t-inaiii-la ...| j Oc-mi-n-rhi! \ u-lio-Ia ] Wocsi lliiclio 1 \ i^'fy [ Sun-niavH-iii '■ Chi-|)R-ni Thlac Co 2j C'iwi-9!l ,\;'.ccii Kluora r'u-<)-ka ! 2 •a o a n? c 6= ,; .-^ a.x 3 • :Sl o £ 1 3 ig = 3 ' C5 i 3 a $5r. 42 36 l.'i^OO 4 12 5 l.-i I 20 PO 5») 15' (.■> » 13 39 31) Ifi, 48 24 8; 24 •m 10 40 30 1 45 1.3 2l5i 2.'>, 7, 18 6| Jf 51) I 6 IH U'lj 38 114 12 140 420 ir.o: CO iMi 200 20' GO I 13 10 ?( 42: 21 C3 45 13:. 00 8 1 HO 3 3 .0 a ."iO ^■■ l.',(l ir.i 40 (0 .■•.0 oO r*\ 25 .30 30 30 1.5 ?ii :io 40 40 oO 50 K3 .SI fi7 ti7 74 74 ?4 84 .5.1 55 74 74 H4 84 IKO IKII 104 1(14 84 84 200 200 203 213 ICO 10(1 70 70 74 74 l.-iO i.-o .ro 50 70 70 100 100 65 85 73 73 82 82 .W 50 43 43 00 r>(i 60 00 50 .'.0 Cuii, $50, (;uii,$:o, Improvement (III land. \ aliie of. «-"25 iO 50 :;o 8« eo .35 40 MO 50 250 s'O 30 150 100 123 75 50 40 80 140 85 84 84 65 74 84 100 85 83 1.50 100 100 103 ICO 84 IfiO 150 .10 80 82 C4 72 45 54 85 70 84 I certify tiuit the foregoinj; three folios constitute Sehedvile A, of the article supplementary to the Creek Treaty, to which are they attached, and so form a part thereof. ALBEIIT PIKE, Commusioncr of the Con/tderate iStatcs to the Indian Nations w€st of Arkansas 308 TREATY WITH THE CREEK NATION. Schedule R. SCHEDULE B. Claims of Persons of Bkich Dirt's Band. I'os-hu'.-chi Tu8-te-nu?-ge. Micco Macclie A-ha-loc Ya-ho-la Cho-wu8-lar-yi Ima-thla. . Hillis Hacho •Sii-ya-Ko-la Cosah Micco llepscy So-wi-ki To-kuo-pi Ho-po-ilth-S6 ... No-cos llacho Chul Macho Cho-wus-ta-yi Hacho. . . . Fai-i-chi-che Pa-hos Ima-thla. .So-ko-i-ki 56 356 Value of Im- provements. 56, .56 20 20 1 |.38i 381 j33 33! ^40 1 40 Sugar cane. 120 100 90 .50 3r5 76 no I certify that tlie l;ist foregoing two folios are schedule B. of the arti- cle supplementary to the Creek treaty, to which they arc attached, and that they form a part thereol'. ALBEBT PIKE, Commissioner of the Confederate States to the Indian nations west of Arkansas. TREATY WITH THE CREEK NATION. 309 SCHEDULE C. Schedule C. Persons nf Tuf;-ti-)iu7c-o-chi's jieoplc entitled to money in lieu of Land ^Varrants. Kou-tol Placho, of I-co7i-liut-ki town. Wal-lio-chi, widow of Ya-lia Fic-si-co. Ok-fus-ki, heir of Api-co-clii T-ma-tlila. Fai-chi-chi, heir of Tul-ma-chi Ilaclio. Sa-la-ko-ki, heir of Kon-hut-ki Micco. Si-ma-thli, lieir of Ta-lap I-ma-thJa. Yi-ak-chi, widow of Octai I-uia-thla. A. W. Fuller, heir of Ilo-poi-ilth-thli, of Fos Ilutchi town. ITo-poi-ilth-thli, heir of Tma-thla, of Fos Ilutchi town. I-poi-yi, heir of Imathla Thlaceo, of Fos Ilutchi town. 8o-in-ki-cho-cho, heir of Octai-i-achi Ya-ho-la. Sa-na, heir of Fos lla-cho. Si-a-ka-li, heir of Ya-ho-lo-clii. Chi-pa-ni Thlacco, heir of Tus-ti-uuk Ilacho. La-ni, lieir of Pa-hos Ya-ho-la. Pa-uiort-ka, heir of Tus-ti-nuk T-nia-thla. Si-nia-iuai-chi, heir of Us-sun I-math-la. A-po-Io-ti-ki, heir of Si-i-ya Pus-ka. Mii-hai-yi, heir of A-tus Ya-ho-hi. Pa-chii-yi-si, heir of Iw-thla-uis I-ma-thla. Ca-la-ni, heir of Po-ilth Hacho. Mun-tul-ka, heir of Ho-poi-yi Ilacho. Mo-lit-tai-kl, heir of Co-o-sa Ilacho. Ma-lit-cha, heir of Ho-pa-ui Ilut-ki. Lo-li, heir of A-tus Micco. A-pi-Ia-ni, heir of Micco Hacho. Sa-lit-hot-chi, heir of Cou-tol I-mathla. Ko-nit Yahola, heir of Pa-kat-cha. Ot-los-si, heir of Fai-ya-hola. Pa-raa-cliul-li, heir of Ilillis Ilacho. Mi-i-ak-ka, heir of Aehul-li Ilacho. Sa-nuii-ka, heir of Illis Ilacho-chi. Thla-nia-yi, heir of Co-sis Inia-thla. Si-a-will-i, heir of Ho-o-pa. Louisa, heir of Cho-co-te Lua-lhla. Sa-hoi-yi. heir of Nl-ha Thlac-co-chi. Ho-poi-yi, heir of Ilo-tul-li I-ma-thla. Si-li-it-ka, heir of Sa-mo-chi. Sa-pi-it-ka, heir of Ttd-nia Fic-si-co. Ta-lo-pi, heir of Kat-cha Ya-ho-la. Sa-mi, heir of Ilo-tul-ki Ya-ho-la. Co-o-sa Micco. I hereby certify that the fore<,'oing two paj,'cs constitute Schedule C, of the article to which they are attached, supplemcutary to the Creek Treaty, and so are a part of that article. ALBERT PIKE, Commissioner of the Confederate States to the Indian Natiom West of Arkansas. 310 TREATY WITH THE CREEK NATION. Ratificaticn Oongress. by RATIFICATION BY THE CONGRESS. Renolccd, (two-thirds of the Oongress concuring,) That the Congress of the Confedenite States of America, do advise and consent to the ratification of the articles of treaty, including the Secret Article and Supplementary Article, made by Albert Pike, Commissioner of the Confederate States to the Indian Nations west of Arkansas, in behalf of the Can federate States, of the one part, and the Creek Nation of Indians, by its chiefs, headmen and warriors, in general council as- sembled, of the other part, concluded at the North Fork Village, on the North Fork of the Canadian River, in the Creek Nation, on the tenth day of July, in the year of our Lord, one thousand eight hundred and sixtj'^-onc, with the following AMENDMENTS : Amendmecte. I. Strike out from article xxviii., the following, words ; "or in a State court," and insert, in lieu thereof, the following words: "or in a Stabe court, subject to the laws of the State." II. Add at the end of article xxx. the following word.? : " and the Confederate States will request the several States of the Confederacy to adopt and enact the provisions of this article, in respect to suits and proceedings in their respective courts." III. Strike out from article xi. the following words: "the same rights and privileges as may be enjoyed by delegates from any Territo- ' ries of the Confederate States, in the said House of Representatives," and insert, in lieu thereof, the following words : " a seat in the hall of the House of Representatives to propose and introduce measures for the benefit of said nations, and to be heard in regard thereto, and on other questions in which either of said cations is particularly interested, with such other rights and privileges as may be determined by the House of Representatives." TCoTK — The foicgoiiig amendments were suUsec[ueiitly ratlBed by General Council of til,.- Creek Na;io!i. TREATY WITH CIIOCTAWS AND CIIICKASAWS. JULY 22, 18in A TllEATY OF FRIENDSHIP AND ALLIANCE, Ma ^**^ hundred and sixt (/-one, brtwceu the Coufederate iStatenof America, by Albert Fike, Commissioner, with plenary powers, of the Confederate Statc.-i of the one part, and the Choctaw Nation of' Indiana by Robert M. Jonex, Sampson Fol.iom, Forbis Leflose, Georf/e W. Ilaricins, Alien Wriifhf, Alfred Wade, Coleman' Coir, Jar.ies Rilci/, Fnfu^ Fohom, William Fitchlynn, McGee Kiiuj, Vt'm Kin;/, J*'^V America and all of their .States and people, and the (Choctaw and Chickasaw Nations and all the people thereof .:i2 TREATY WITH ^IIOCTAWS AND CHICK ASAWS. Prcu-ctio ofiUo ARTicr.R II. The Choctaw and Chickasaw Nations of Indiana ^ o- • acknowledge themseh'es to be under the protection of the Confederate States of America, and of no other power or sovereign whatever; and do hereby stipulate and agree with them that they will not hereafter, No ii;ii:incc witli uor shrill any one of their people contract •,\ny alliance, or eutcr into any* a jy iirci^'u I'uive.-. (.onipact, treaty or agreement with any individual State or with a foreign power, and the said Confederate States do hereby assume and accept the said protectorate, and recognize " the said Choctaw and Chickasaw Nations as their wards; and by the consent of the said Choc- taw and Chickasaw Nations, now here fn-ely given, the cotmtry whereof An!H'^:iti..n of they are proprietors in fee, as the same is hereinafter described, is annexed cjiritory. to the Confederate States in the se III. The Confederate States of America, having accepted the ?ile c'^T*''''™''^ ^"^ ^^^^ P'"'^**^*^*^^*"'^^^' h^^'^^by solemnly promise the said Choctaw and Chick- asaw Nations never to desert or abandon them, and that under no circum- stances will they permit the Nurtliern States or any other enemy to over- come them and sever the Choctaws and Chickasaws from the Confede- racy; but that they will, at any cost and all hazards, protect and del'end them and inaintain unbroken the ties created by identity of interests and institutions, anii strengthened and made perpetual by this treaty. 15oiirioundarie.=i of Artiolk V. It is hereby agreed by and between the Choctaw and th« Chick asaw(t},j(,]^,^g.^^^. Nations that the boundaries of the Chickasaw country shall hereafter continue to bo as follows, that is to say: beginning on the north bank of Red river, at the mouth of Island bayou, where it empties into Red river, about twenty-six miles on a straight line, below the mixith of False AVachita; thence runnini": a northwesterly course along the main channel of said bayou to the junction of the three prongs of said bayou, nearest the dividing ridge between the Wachita and JjOW Blue rivers, as laid down on Captain R. L. Hunter's map; thence northerly along the eastern prong of Island Bayou to its source ; thence due north to the Canadian river; thence west along tlie main TREATY WITH CIIOOTAWS AND CIIICKASAWS. 313 Canadian to the ninety-eighth degree of west longitude ; thence south to Red river; and thence down Red river to the beginning: Frovidrd, Proviso. hoiccoer, If the line running due north, from the eastern source of Island bayou, to the main Canadian, shall not include Allen's or Wa-pa-naclsA academy, within the Chickasaw district, then an olFset shall be made from same line so as iv leave said academy two miles within the Chicka- saw district, north, west, and south from the lines of boundary. /ViiTlOLE VI. The remainder of the country held in ciunnion by the Cbiicta»Y district. (Ihoctaws and Chickasaws, including the leased district, shall constitute the Choctaw district, and their officers and people shall at all times have the right of safe conduct and IVoe passage through tlie Chickasaw district. Articlk vie. The Choctaw and Chickasaw Nations hereby give their A.'^.sent givon to full, free and unqualified assent to those provisions of the act of Congress ^^^^ ve-til! mcph'- of the Confederate States of America, entitled " An act for the jirotec- ti.^r.v'in thu C. S. tion of certain Indian tribes," approved the twenty-first day of Hsiy. in the year of our L(U'd, one thousand eight hundred and sixty-one, whereby it was declared that all reversionary and other interest, right, title, and proprietorship of the United States in, unto, and over the Indian C(>uiitry in which that of the said naticms is included, should pass to, and \ii^\ in the Confederate States ; and whereby the President of the Conl'ederato States was authorized to take military possession and occupation of all said countrv; and whereby all the laws of the United States, with the „ Laws of the U. ^V • /"i 1 V 1 1 i y • p • • 1 i S. declared to be exception thereinafter made a]»plicable to, and m iorce in said country, 5,^ j-.^j.^^.^ and not inconsistent with the letter or spirit of any treaty stipulations entered into with the (yhoctaw and Chickasaw Nations among others were re-enacted, continued in force, and declared to be in force in said country, as laws and statutes of the said Confederate States : Proin'(I''J, hi>irrr/-r, Provi <>. And it is hereby agreed between the said parties th.it whatever in the said laws of the United States contained, is or may be contrary to, or inconsistent with any article or provision of this treaty, is to be of none effect henceforward, and shall, upon the ratification hereof, be deemed Mn'^^f°^: any foreign nation or to any State or government whatever; and in case itcd. 314 TREATY WITH CII0CTAW3 AND CHICKASIWS. No Stale or Ter- ritory to pass laws for said nations. Proviso. any such sale, cession or disposition sbould be made without the consent of the Confederate State-s, all the said lands shall theieiipon revert to the Confederate S.fcates. Article X. The Confederate States of America do hereby solemnly agree and bind themselves that no State or Territory shall ever p9.ss laws for the government of the (^hoctaw and Chickasaw Nations ; and that no portion of the country guaranteed to them shall ever be embraced or Not to he infor- included within or annexed to any Territory or Province ; nor shall any other*'p.>\'t'>an"r- ^t'^*^"'?^ ^^c'" ^^ made, except ut)on the free, voluntary, and unsolicited ganixatioa wi Loui application of both said nations to erect their said country, by itself or their frej consent, with any other, into a State, or any other Territorial or political organi- zation, or to incorporate it into any State previously created. hJ\]'^ .r^''^, '" Article XI. The lease made to the United States by the treaty of terrii;)ry by i b e *'^*^ twenty-second day of June. A. J)., one thousand eight hundred and t.-tnty of Jiino 22. fii'ty-five, by the Choctaw and Chickasaw Nations of all that portion of ]»oo.^ roiifVT d to their common territory which lies west of the ninety-eighth parallel of west longitude, is hereby renewed to the Conl'ederate States, but for the c.^'v'^'"!'*^ ''^^"•^term of ninety-nine years only, from the date of this treaty; and it is tain b;inds of In- '\""''6ea that the (yoniederate States may settle and maintain therein, upon Jians I'aer^n. reserves with d(*finite limits, but of sufficient extent, all the bands of the Wichitas or Fa-wai-hash, Huecos, Caddos, Fa-hua-cu-ros, Ana-digh- cos, Kichais, Fon-ea-was, louais, Comanches, l^elawares, Kickapoos and Shawnees, and any other bands whose permanent ranges are south of the Canadian, or between it and the Arkansas, and which are now therein, or that they may desire, hereafter, to place therein, but not including any of the Indians in New Mexico, nor any other bands than those included in the above specification and description, without the consent of both the Choctaw and Chickasav/ Nations : Fruv.it as here' naffer provided ; for which purpose the .said leased district may be a district of that nation ; but no interference with or trespass upon the settlements or improvements of the reserve Indians shall be permitted, under any pretext whatever; nor shall any IndiiDS settl d <'.po I reserves the c. I) n n t r y iftas d. .^ii!)ie(.t Proviso. TREATY WITH CUOCTAWS AND CHICKASAWS. 315 of the 1-iw.s of either the Choctaw or Ohickasaw Nations be in force in said Icised country, except so far as those of the Choctaw Nation can, withiint infraction of this treaty, apply to the members of either nation residing; in the district in question. Aurici-E XIII. All navigable streams of the Confederate States and Frc-o navig«t)oit. of the Indian country shall be free to the people of the Choctaw and Chickasaw Nations, who shall pay no higher toll or tonnage duty or other duty than the citizens of the Confederate States ; and the citizens of Ferry privilege? those nations living upon Red river, shall have, possess, and enjoy upon*" ^''p*^'!^,. '^'°^ '^ ,.' ... , ^ '. 11 upon Red n%er. that nver, the same ferry privileges, to tlic same extent, in ail respects, as citizens of the (^lonfederate States on the opposite side thereof, subject to no other or a different tax or charge than they. AiiTiCTiK XIV. So far as maj' be compatible with the Constitution of Rij^lits of pelf- the Coul'ederate States and with the laws made, enacted, or adopted in f "'.'"7 "•'""•" *'vf;L'' ,. . , , . , , . .,,'-,. full lunsaiction, contormity thereto, reguhiting trade and intercourse with the Inaian j„,)iuiui and other- tribes, as the same ate limited and modified by this treaty, the Choctaw wise, over peraous and Chicka.saw Nations shall pos.sess the otheiwise unrestricted right of*"^^ property. self-government, and full jurisdiction, judicial and otherwise, over persons and property within their respective limits; excepting only such white persons as are not, by birth, adoption or otherwise, members of eitlier the Choctaw or C'hickasaw Nation ; and that there may be no doubt as to the meaning of this exception, it is hereby declared that every white person who, having married a Choctaw or t'hickisaw woman, residesin the said Choctaw or Chickasaw country, or who, without intermarrying, is per- maneutly domiciled therein with the consent of the authorities of the nation, and votes at elections, is to be deemed and taken to be a member of the said nation witiiin the true intent and meaning of this article; and that the exception contained in the laws lor the punishment of offences committed in the Indian country, to the effect that they shall not e.Ktend or apply to ofFences committed by one Indian against the person or property of another Indian shall be so extended and enlarged by virtue of this article when ratified, and without furlher legislation, as that none of said laws shall extend and apply to any oifencc committed by any Indian, or negro, or mulatto, or by any white person so by birth, adoption or otherwise a member of such Choctaw or (yhickasaw Nation against, the person or property of any Indian, negro, mulatto, or any >iu'h white person, when the same shall be committed within the limits of tbe said Choctaw or (^hickasaw Nation as hereinbefore defined ; but all such persons shall be subject to the laws of the (Jhoctaw and ( Ihickasaw Nations respect i vol}', and to prosecution and trial before their tribunals, and to punishment according to such laws, in all re-i without bo"Oining ni '.iibirs of either of said nations. Ap.nci.K XVI. A tract »>f two sections of land in each of said ii:iti<>ns, 316 TREATY WITH CHOOTAWS AND CHICKASAWS. Cession of Ian i to be selected by the President of the Confederate States, at such p«inis to tha C. S. ,^s he may deem most jM-oper, inchiding, if he pleases, the present site of the agency in each nation, is hereby ceded to the Confederate States ; and when selected shall be within their sole and exclusive jurisdiction: Provit^o. Provided, That whenever tlie agency for either nation shall be discoiitiued, the tract so selected therein sjiall revert to the said Choctaw and Chicka- Further proviso, saw Nations, with all the buildings that may then be thereon : And provided, also, That the President may, at any time, in his discretion, select in lieu of either said leserves, any unoccupied tract of land in the same nation, and in any other part thereof, not greater in extent than two sections, as a site for the agency for sucli nation, which shall, in such case, constitute the reserve, and that first selected shall thereupon revert to the Choctaw and Chickasaw Nations. Forts and luili- Article XVIL The Confederate States shall have the right to build, tary posts, an il (3^t;,[,ii,;]| ^jj,} niaintain such fortsand inilitarvposts,1einporarY or permanent, inilUary aad post- , , ... , , ,^ ■•, i •' ^ • , . i-oads. '"^I'd such military ani 1 post-roads as the President may deem uecessg-ry within the Clioctaw and Chickasaw country ; and the quantity of one mile square of land, including each fort or post, shall be reserved to the Con- federate States, and within tlieir sole and exclusive jurisdiction, so long as such fort or post is occupied ; but no greater (quantity of land beyond one mile square shall be used or occupied, nor any greater quantity of timber Compensation for felled than of each is actually requisite; and ii', in the establishment of private property g.^^j^ j-^^,.j gj. ^j. ,.q.^|j q^. ^f ^]^q ^^o-encv, the property of anv inn«Jy f'"- rc- .. 1 /■ ' ,. i * f>. , - 1 .11 i." ii. i CO very ol tiroficriy tak*n by citizens ot the Confederate States, by stealth or force, the «,2Cent. ^^^.^ j^^, '^g y^y on complaint made to him in due foi'in, by affidavit, shall use all proper stealfVi or force by leg«l means and remedies, in any Slate where the offender rnay be found, c'tizens of the C. to reg.iiii the property or compel a just remuneralion, and, on failure to -" procure redress, payment shall be made for the loss sustained, by the (x»n- fedei«t« States, upon the report of the agent, who shall have power to tak» testimony and examine ■vvittiessi.'s in reg-ard to the wrong done and the extent of the inpiry. AnncLK XXIV. No' person sball be licensed to tra"*'-'• by the agent. And 'no license shall be required to authorize any ^Vhen license not member of the Choctaw or Chickasaw Nation, wh<> is by birlh and blood ifq-iirad. an Indian, to trade in the Choctaw anosed, except by their own legishition. Pr. rchafe or AiiTiri.R XXV^I. It is iiereby further agreed by tlie Confederate Si »te?, 0. sceat of Unds. that all the members of the I "hot-taw and Cliickasaw Nations, :;^ htovin- befoi'e defined, shall be lieticeforward competent to take, liold and ])a-«, by purchase or descetit, hinds in arjy of the Confederate States, lieretofore or iiereafter acquired by them. Dcles«te to t'.ie AuiiCLE XXVIl.' In Older to enable the f'ho(-taw and Chidcavnv y*f- r„ «r ''/ho Nations to claim their riii-htsand secure their interests witliout intervpiiiion SButalives ol tne i '^ , • i i • , • , C. S. How loiig or agents or counsel, and as fiiey are now entitled to reside in the coutitry to serve. of each other, they shall be jointly entitled to a delegate xo the lioni'*' of Representatives of the ('onffU<-f«. Mid delegate. be co 'i Incted in su(di manner as shall be pi-escribed by the agent of the Confi "'erate Slates, to wh.om returns of such election shall he m;idf. »iid he shall declare the persc)n having the greatest number of votes to te duly elected, and give liitn a certificate of election accordingly, which Svibtefiuent eke- shall entitle him to his seat. For all subsequent elections, the times, 'ilctis. places ;i)^i] manner oi holding tlien!,'ascert;iitiing and certifying ihv* rp»ult Delegates to be shall be pi'esccibed bv law of the Confedeiate States. The delcijates »'nall elected alternately j,^, <.|ec.{ed alternatefv f:um eaidi nation, the first being, a Choct;.*. by biooii, on eiilser tiie rattier s or mothers side, ano resident m the < hcx-tMv c*»ne nation as the person whose vacancy he fills. Admission of ilie AuTici.E XXVIil. In consideration of the uniform loyalty and good Choctaw ajKif-ijj],^ .,,„^ (jig U'\t'(\ friendship for the people of the Confederate Si»te», of ('hifkasaw country .. ^'i < j / m • i i i i- ^i • j-x i •. i- into the Ccift-dt'- '"'^ <.. lK>ciaw atid Chickasaw ju-ople, and or tlieir ntness and capscily lOr racy as one of the self-government, proven liy th<' <.'Stablishment and successful maintenance, ^'^- by each, of a reguU'ily orga.ni^ed republican government, with ull the forms and safe-guards to which the people of tiie Confederate State* are accustomed, it is hereby agreed by the Confederate States, that whenever and SO soon as the ])eople of each of said nations sitall, by ordinrmce oi' n convention of delegates, duly elected by majorities of the legal voters, at an eieciion regularly held after due and ample i:otice, in pursuance of an act of the I.egislatuie of c;u h, respectively, declare its desire to Itecome a State of tlie Confederacv, liie whole Choctaw and Chickasaw country, as above defined, shall be received and admitted into the (Confederacy as ono of the Confederate Stales, on ectjtw and Chickasaw country, shall be periiiitted to come therein to reside, without the consent and permission of the legislative authority of eacdi naiioii. Aitricr,K XXXll. If any citizen of the ('onfederate States, or any o'lier Punishment of Frson, not hcinjr iiermitted to do so by tiie authorities of either of said r*'rs""*'/"r!-ottiing 1 S 1 1 1 , !• ■ 1 ■ . , 1 II .^.L ^ X ,.1 <*'! their lands nations, or authorised by the terms of this treaty, shall attempt to set tu* „i|^,„„t ,^^jl_yri,y_ upon any lands of said nation, he shall forfeit the ]irotec.tion of the C'on- federate States, and such punishment may be inflicted upon liim, not being cruel, unusual or excessive, as may have been previously presciihed by the law of said nation. A»rici.K XXXIII. No citizen or inhabitant of the C'onfedeiate States Who not to pas- shal! p-,siure stock on the lands of the Choctaw or Chi.kasaw Naiion ; but J",';^'''"''' "° *''^''" tlieir citizens shall beat liberty at all times, and whetlier for business or Liberty fciven to pleasure, peaceably to travel the Choctaw and Chickasaw country, to drive trnvel in t, li e i r their .siO(dc through the same, and to halt such reasonable tiiiie, on the ^"""tr.v. and drive 1 X •. ^1 • 1 1 I 1 I t ■ • 1 -"tock through the way, as may be necessary to recruit their stock, such delay being in good gj^,m._ faith for that purpose an 1 for no other; and members of the Choctaw anf the dis- adniiralty jurisdiction as other district courts of the Conlcderaie States; and jurisdiction in all civil suits for fines, penalties and forfeitures of the Confederate States against any person or persons >^hatever residing or found within the district; and in all civil suits at law or in equity, Jurisdiefinn in when the matter in contniversy i.s of greater value than tivc hundred civil cases, dollars, between a citizen or citizens of any State or States of the Con- federate States, or any Territory of the same, or an alien or aliens and a citizen or citizens of the said district, or person or persons, ro:siding therein; and the Confederate Statt^s will,. ])y suitable enactments, pro- vide for the appaintmont of a Judge and othtr proper officers of the App'.intmcnt of said court, and make all necessary enactments and regulations I'or the. i'ldge and other coinnlete establishment and orcanizatictn of the eame, and to give full " .'^^'^ ^^ *^® eiiect to its proceedings and iuri.>rChiolt.isKwg,an.l of the latter against the person nsdic- fiigning of this treaty; nor shall any action in law or equity be niain- jjj|" "'j^'^;,'j,',,' ^^'''|'^ tained therein except by the Confederate States or one of them, commiiteil. or the where the cause of action shall have accrued more than three years be- *='»"««♦>*■ I'cilon ac- fore the same day of the signing hereof, or before the bringing of the ^'^',"M''^'^|^ '"^^ .'® suit. treat/.' Article XLIII. All persons who are members of the Choctaw or Choetiuvs or Chickasaw Nation, and are not otherwi.«e disqualified or disabled, shalK''''"'^"'''''*'^ com- hereafter be competent witnesses, in all civil and criminal suits and p,.o-'^^'^*'" ^^'''^'''"'"^'•'^ ceedings in any court in the Confederate States, or any one of the States, any law to the contrary notwithstanding. Ahticle XLIV. Whenever any person, who is n member of the ^Vbcn indicted Choctaw or Chickasaw Nation, shall be indicted for any offence in any ",' any court of the court oT the Confederate States, including the district court of the en iklcll' to 'process Tush-ca-hom-ma district, or in a State court, he shall be entitled, as of for wiiiies?«3. common right, to subpceua, and, if necessary, compulsory process for all such witnesses in his behalf as his counsel may think material for his defence; and the costs of process for such witnesses, and of service Cof-ts of process thereof, and the fees and mileage of such witnesses, shall be paid by the "-"'J '"^'•'s }^od mila- Confederate Stat-es, being afterwards made, if practicable, in chse of "'^'^ " \Titi!ctse3. conviction, out of the property of the accused. And whenever the Wli^n accuse <^ accused is not able to employ counsel, the court shall assign him one "^''y ''" aasigneJ experienced counsel for his defence, who shall be paid by the Confede- rate States a reasonable compensation for his services, to be fixed by the court, and paid upon the certificate of the judge. Article XLV. The provisions of all such nets of Congress of the Rendision of fu Confederate States as may now be in force or as may hereafter be enacted, guive 3la.vi.-8. for the purcose of carrving into effect the provision of the Constitution 21 k2 TREATY WITH CHOCTAWS AND CHICKASAWS. in regard to the re-delivery or return of fugitive slaves or fugitives from labor and service, shall extend to and be in full force within the said Choctaw «nd Chickasaw Nations; and shall also apply to all cases of escape of fugitive slaves from the Choctaw and Chickasaw Nations, into any any other Indian nation, or into one of the Confederate States, the obli- gation upon each such tsation or State to re-deliver such slaves being in every case as complete as if they had escaped from another State, and the mode of procedure the same. • ^'''*o*°offi'Jit'i ^i^'J^i^^i'^^ XLVI. The official acts of all judicial officers in the said ar.ts of judicial of- •i'l'fcioiis shall have the same eifect and be entitled to like faith and credit (Beers. every«'here, as like acts of judicial officers of the same grade and juris Authentication diction in anyone of the Confederate States; and the proceedings of of records, laws, (-jjg (.Qm-ta aud tribunals of the said nations, and the copies of the laws and judicial and otlier records- of the said nations shall be authenticated like similar proceedings of the courts of the Confederate States, and the laws and office records of the same, and be entitled to the like fiiith and credit. Existing I.itts, ARTICLE XLVII. It is hereby declared and agreed that the institu- t->i'sTn'rT"\ivd to *''*-'^ "^^^'^^^^^^T ^'^ *^^^ '^^^*^ nations is legal and has existed from time Blavery, declared imuaemorial ; that slaves are taken and deemed to be personal property; binding. that the title to slaves and other property having its origin in the said nations shall be determined by the laws and custums thereof; and that the slaves and other personal property of every person domiciled in said nations shall pass and be distributed at his or her death in accordance with the laws, usages and customs of the said nations, which may be proved like foi'eign laws, usages and customs, and shall everywhere be held valid and binding within the scope of their operation. )^ost-offices. Article XL\ III. It is further agreed that the Congress of the Confederate States shall establish and maintain post-offices at the most important places in the Choctaw and Chickasaw Nations, and cause the mails to he regularly carried, at reasonable intervals, to and from the same, at the sames rate of postage and in the same manner as in the Confederate States. Choctaws and ARTICLE XLIX. In consideration of the common interests of the Sh t^'re^me'nu'o Choctaw and Cluckasaw Nations and the Confederate States, and of the Bn'-v? in the army protection and rights guaranteed to the said nations by this treaty, the of tjc C. S. said nations hereby agree that they will raise and furnish a regiment of ten companies of mounted men to serve in the armies of the Confederate States for twelve months. The company officers of the regiment shall be elected by the members of each company, respectively, the Colonel shall be appointed by the President, and the Lieutenant Colonel and Major be elected by the members of the regiment. The men shall be r^y and allow- armed by the Confederate States, receive the same pay and allowances ***'""■ as other mounted troops in the service, and not be marched beyond the limits of the Indian country west of Arkansas against their consent. Z^" w ^0 pnrt Articlk L. It is further agreed by the Confederate States, that pr-'sfin't'orain' fu- "^^*'^^^'' ^^^ Choctaw nor Chickasaw Nation shall ever be called on or feirt;. war. required to pay, in laud or otherwise, any part of the expenses of the present war, or of any war waged by or against the Confederate States. Trjop.- for the ARTICLE LI. The Choctaw and Chickasaw Nations hereby agree and di'iu country and ^'^^^ themselves at any future time to raise and furnish, upon the frj:)Viprofili'eG.S. requisition of the President, such number of troops for the defence of the Indian country and of the frontier of the Confederate States, as he may fix, not out of fair proportion to the number of their inhabitants, to be employed for such terms of service as the President may fix ; and Pay and allow- such troops shall always receive the same pay and allowances as other troops of the same class in the service of the Confederate States. TREATY WITH CHOCTAWS AND CHICKASAW3. S23 Article LTI. It is further agreed, that after the restoration of peace, C- ^- .<" ^'^J'T^ the goverumeiit of the Confederate States will defend the frontiers of the i^tn^n^ count ry , Indian country of which the Choctaw and Chickasaw conntry is a pirt, and hold the for's and hold the forts and posts therein with native troops, re<.'ruited among and posts, the several Indian Nations included, under the commaod of officers of the army of the Confederate States in preference to other troops. Artiolk LIII. It is hereby ascertained ami aiiree . . „ . , , and in li<;u ol jno- and twenty oollars, in hen 01 permanent provision tor iron and stocl, vision for iron and «nder the, sixth article of the said treaty of the eighteenth day of October, steel ; A. D., one thousand eight hundred and twenty, and the ninth article of th« said treaty of the twentieth day of January, A. T>., one thousand eight hundred and twenty-five. The annual interest on the sum of five hundred thousand dollars, hold for.annnnl iot^T- in trust for the Choctaw Nation by the United States, under the thir- ^^i^j jn'^trust '" tceuth article of the treaty of the twenty-second day of June, A. !>., cue thousand eight hundred and fifty-five ; which by that article was to be held in trust for the said nation, and to constitute part of a general Choctaw fund, yielding an annual interest of not less than five per cent, per annum; and no part thereof has been invested in stocks or bonds of any kind, but remains in the hands of the United States. And it is hereby aseertoined and agreed between the said Confederate Sam due the States and the Choetaw Nation that there was due to the said nation, *^''* "'=*'''' Nation li ti J. J i> r I * i\ ii 1 • 1 i 1 11 1 • i 00 account of thefo on the first day ot July, A. D., one thousand eight hundred and sixty- j^^m,itjf.g annual one, for, and on account of these annuities, annual payments and interests, piyoieuta and in- the sum of thirty-five thousand five hundred and twenty dollars, that is '■t^^«std. to say : For the permanent annuities and other annual payments and allow- ances then due, ten thousand five hundred and twenty dollars. For interest on the said sum of five hundred thousand dollai"s, for tho year which ended on the thirtieth day of June, A. D., one thousand eight hundred and sixty-one, twenty-five thousand dollars. And it not being desired by the Confederate States that the Choctav/ Tho C. S. as- Nafcion should continue to receive these annual sums from the govern- ^^"'® ''''^P*y^*'°.' ment of the United States, or otherwise have any further connection ort^,) aD„„jties an^ communication with that government and its superintendent and agents ; nual p.iyments and therefore, the Confederate States of America do hereby assume tlte pay- i^^^-""**^- ment for the future of all the above recited annuities, annual payments and interest, and do agree and bind thomselves regularly and punctually to pay the same to the treasurer of the said nation, or to such other person or persons as shall be appointed by the general council of the Choctaw Nation to receive the aame; and they do also agree aad bind 324 TREATY WITH CtiOCTAWS AND CIIICKASAWS. themselves to pay to the treasurer of the said nation, immediately upon the ratiiicatioii by all parties of this treaty, the said sum of thirty-tive thou.^Hiid five hundred and twenty dollars due on the first day of July of the present year, as aforesaid. Genera.! Chc-ctaw Artici/k LIV. And it is further ascertained and agreed, between the b"°iho''u t ''"*' Coufederate States and the Choctaw Nation, that the United 8tates of Anierica, while the said several Confederate States were included in the said [Jnion. held, and do continue to hold, in their hands the sum of five hundred thousand dollars, paid by the Chickasaw Nation to the United States, for the Choctaw Nation, under the treaty of the seven- teenth day of January, A. 1)., one thousand eight hundred and thirty- seven, and which it was agreed by that treaty should be invested in some safe and secure stocks undtr the direction of the government of the United States, redeemable within a })oriod of not less than nventy years, and the interest thereon be annually paid to the (Jhoctav/ Nation, and be subject to the entire control of the general council ; and which sum having been invested in bonds or stocks of certain States, part or all whereof are now members of the Confederate States, it was agreed by the United States, by the thirteenth article of the treaty of the twenty-second day of June, A. 1)., one thousand eight hundred and fifty-five, that the same should continue to be held in tiust by the United States, and constitute with certain other sums, a general Choctaw fund, yielding an annual interest of not less than five per cent. Otlicr moneys And it being further agreed that, in addition to the sums of inonoy duo an d owing jj]j(^,^,g mentioned, other moneys were iustly due and owint*' from the from tbo U. >■>■ 'v O.il U t-" ^'"ii'cdcracy whose bonds or stocks, or any bonds or stocks guaranteed furthcsai'j uatioa. by them are so held, to provide by legislation or otherwise, that tlie cap- ital and interest of such bonds or stocks shall not be paid to the govern- ment of the United States, but to the government of the Coniederate States in trust for the Choctaw Nation. Full payiuent of And the said Coniederate States do hereby guarantee to the Choctaw all d bts due by Nation, the final settlement and full payment upon and after the resto- tlielRteU. .S^tot!i8jj.^j^lQjj of peace, and the establishment and recognition of their indepen- Choctaw Nation, , /. i i • i /. • i i • n • i i gu;irs,ntoBa by the i ''•''^ ^tates, or ail sums ot money that are so as aforesaid justly due and owing, by the late United States under existing treaties, to the Choctaw Nation or people, for itself, or in trust for individuals, and of any sums received by that government and now held by it by way of ,. f ]i 1. interest on or as part of the capita! of any of the bonds or stocks of any or 3tocl(d of liny oi°^ ^^^^ ^'^^^^^^^ '^^"'^'^^*^'° ^'^y f'Juds of the "»''«r ar^'ole XI I the twenty-second day of June, A. D., one thousand eight hundrelaint«, then as now made, it was '"'"ts made there- agreed by the fourth article of the treaty between the same parties, of the twenty-second day of June, A. I)., one thousand eight hundred and fifty- two, that an account should be stated as soon thereafter as ))racticable, under the direction of the Secretary of the Interior, exhibiting in detail all the moneys tliat had, from time to lime, been placed in the Treasury to the credit of the Chickasaw Nation, resulting from the said treaties of the years, one thousand eight hundred and thirty-two, and one thousand eight hundred and tlurty-four, and all the disbursements made therefiom ; and that to the ac<'onnt so stated, the Chickasav.s should be enticed to Exceptions tc take exceptions, which should be referred to the Secretary of the Interior, account, who should adjudicate the same accoiding to the T^rinciples of law and equity, and his decision should be final ; and it was also, l>y the same article, agreed that the cases of wrongfully made payments should b« investigated by the Congress of the United States, under the direction of the Secretary of the Interior, and if any person had been defrauded by The U. S. to .ao such payments, the United St^Ues should account for (he amounts so mis- cnunt for sums applieil, as if no such payment had Keen made; misaprhed. Therefore, the Confederate States do hereby assume the duty and obli- The C. S. m.. gation or colieiiting aiui pitying over, as trustees, to the said t Inckasaw ^.j^^.^ ^^^ colleotiui? Nation, at par, and dollar for dollar, all sums of money accruing, wlietlier pnving over as from interest or capital, of the said bonds or stocks of the snid States of 'raetees. to tho the Confederacy, or of stocks guaranteed by them, so held by the (>oy- C''i<^'<'^--='iwN="i<"»; • \, , . c5 , ■' . ■ !ill sum? 01 un'inoy eminent of the United States m trust for the Chickasaw Nation, and will ^eld by the U. H. pay over to the said nation the said interest and capital, as the same shall in trust for tho be collected. And the eaid Confederate States shall request those States ^"'^ "'''■'°"- to provide, by legislation or otherwise, that the capital and interest of su(di bonds or stocks shall not be paid to the Government of the United States, but to the Government of the Confederate States, in trust for the Chicka- saw Nation. And the said Confederate States do hereby guarantee to the sairl Chick- Final settlemowe asaw Nation, the final settlement and full "paymetit, upon, and after the ^'|.'* .J"'j' sumrof restoration of peace, and the establishment of their inilependence, as of money received by debts of good faith and conscience, as in law due aiul owing, on good and tli« ^^- ^- from tho valuable consideration, by the said Confederate States and the other of the ^'"'"'^ "I ^I'e Chick- TT •, , o ••lie 1 • !• /• 1 c, f ,, a-n^ys t'elonrriufj to orjiliaiis or incomjieteTit persons, or to otlicr « liicka- to orphaiid or in-sHws. and wrongfully paid by the Unittd States to persons i!nautlioriz*.'J to competent persunt; j.gj.^^iyg fj,(j„jj>j,(i for that reason, or for any other not yet paid to the proper persons, under the same fourth arlieleof the treaty last mentioned, as qualified and limited Uy the ■proviso added thereto l»y way of amend- ment, or under article ten of the said treaty ; which cases shall he investi- gated by the Commissiuner of Indian Atiairs or by the ngent uuiier liis direction; also of sna? in- And they also guarantee to it the final settlement and full paviiient, vested in U. i?- after the same period, of the said sums invested in United States stocks, stocks, ami of any i .i ■ i r t i j xi i i n i • i. ^i other sums reeeiv- ^'''*'* ^he said sum or oiie hundred tiiousand dollars, so covered into the ed by that goyeni- Treasury on the fourteenth day of January, A. 1>., one thousand eight ®i^°''> hundred and fifty-seven; and of any other sums received by that (iovurn- )nent, and now held by it, by way of interest on, or as pait of the ca|>ital of any of the bonds or stocks of any of the States wherein any fuuiis of the Cl>ickasaws had been invested ; and they do also guarantee to it the and of ail bonds {],ml gc'ttlemeut and fidl pa\ineiit, at the svne ))eriod, of the capital and NorS^Stat'e^.''' '"'*^*''*^'^* ^'^ '*'' '^^""'^'^ ^'" Stocks of any of the Northevn States, in wliich any of said Chickasaw funds have beeii iuveisted. Annuities, inter- Articlk LVIIl. It is further hereby agreed, that the said annuity, est and arrearages interest and arrearages hereby assumed and agreed to be paid by the Ce paid by tlie Government of the Confederate Slates out out of the Chicka- . , ,^, . , J i i i i n i /> i • i i Saw funds. <^' tiie Chickasaw fun(fs. unless tiie same siiali have urst been considereu and allowed by the Chickasaw Legislature. Boundary lise ARriCLE LX. Whereas, by tlie first article of the treaty between the between the Choc- Uj^it,.,! States of America and the Choctaw and ChickasaV Naiions, on tawaudCbictvasaw , i i /> i t i> i i • i i i i i country and the tlie tweuty-second day of June, A. J)., one tbousand eight hundred and Btatc of Arkansas, fifty five, it was jii'ovided tliat the boundary of the Choctaw and Chicka- saw coiintrv should begin "at a point on the Atkan a strip of country bt^longing to the Choctaw and Chick- as'uv Nations, in the sliape of a triang-le liaving lied river for its base ; and, whereas, all the lands contained theiein tliat are of any value, were sold or granted by the United Stales, and are chiefly, held and have been im- provt-d by private individuals ; it is therefore agreed by thcCoiifederate States and ihe said Choctaw and Chickasaw Nations that the said line so run and reti'ace I shall be perpetuated as the line between the Choctaw and ClTudcasaw country and the State of Arkansas, and that tlie said trianomlar tract nf laad s'la'i belong to, and continue to form an integral part of tint State; an 1 all titles to lands therein, from and under the United »Ntates, be con- firme i ; an I it is further agreed, that in consideration therefor, the said Choctaw and Chickasaw Nations shall, upon the restoration of peace, and Tayment. to bo the establishiui'nt and reco th-^rein, at the date of the saiil treaty of the year of our Ln-d, <)'' Ark;in»;isi, and one tiioiisand ei-jht hundred and tifty-five, and without interest; which'''" .""''' ^I^^^S^ - . t I 1 11 1 11 • • Pi' therein. iHir actuil value sliall be ascertameil by a coinnussion or tour persons, two xhcv^aluo thereof of who. 11 shall be a]ipointod by the President of the Confederate States, how artoertainod. one by the Choctaw Le:^'islature, and one by the Chickasaw Legislature, anil the expenses of which commission shall t)e borne by the Confetierate States. .\iiricr.K LXf. It is firther agreed, that if the present war continues, Advancement by the Confederate Slates will, upoii the request of the Kxecutive of the Choc,- *^:' '^^ .S- ^" ^^° taw and Chickasaw Nations respectively, advance to the Choctaw Nation" the sum of lifry thousand dollars, and to the Chickasaw Nation two thou- san 1 dollars, in discharge of so mut h of the moneys due to eatdi respec- tivo'v. by t!ie Uiiite 1 States, snd will invest each sum in the nuiv.h.ase for Inv-csfmont of 1 •■ ,.• 1 i- I 1 •..• I 11 I -e 1 3ums advanco'l in e.icli nation respectively, ot such arms and ammunition as shall bespecihed j^^m^ and aiumu- by the Executive. nition. Aiinci.K LXI[. All provisions of the treaties made by tlie Choctaws Cortaiu provis- an 1 Chic.ka'''viIegJ- wjre se;'.ure 1 or guaranteed to the Choctaw or Chickasaw"^ the Choctaws Nilioii, or to in iividuils of either, and the ])la'-.'.e whereof is not supplie.l with the U.S. con- by any provision of this treaty, and the same not bein/ obsolete or no tinucl in force as lonjjer necevsai'v, an 1 so f ir a-i they are not repealed, annulled, changed, |( "g**^® "'^'^^ ^^^ or m ) llli.j I, by sub^eipient treaties or statutes, or by this treaty, are con- tinue I ill firce a-! if the s.'ime hii] been made with the Confelerate States, A'trici.K LXl[[. It is further agree.! that the sum of two thonsml $2,000 to he paid dollars shall be approjiriated and paid by the Confederate States, imme- ''.v tha 0. S.. up .n diately upon the ratification of this treaty, to delVay the expenses of the jjf^ [^.'^'^^y^''^" °^ delegations of CMioctaws and (Jhickasaws by whom this treaty has lieen negotiated, and that the saiiie shall be. paid over to R. M. Jones, and by him eipially divided among the members of the said deleofation.s. Articlr LXIV. .\ gon-ral amnesty of all past ofleiices asfainst the '^ene'al amnesty laws of the Unite I Stales or of the Confederate State.s. committed btd'ore i^cclarei. the signing of this treatv, by anv mMiiber of the ('ho. -taw or (;hions, if anv, chargeil with anv siKdi offence shall rec(>ive f om the P.esident fill an I f-ee p ii- |(>u, an 1 if impii-one I or lieM to b lit, Iwf >re or after conviction, be discharged ; and the Confederate States will esp«- 330 TREATY WITH CHOCTxVWS AND CHICKASAWS. states of Arkan- cially request the States of Arkansas and Texas to giant the like ainnesty 8a3 and Texas to ^^ ^^ ^^ offences committed by Choctaw or Chickasaw atruinst the laws of be requested to . i i , , ,• i ^ • grantlike amDesiy. those btates lespectively, and the (governor oi eacli to reprieve or pardon the same, if necessary. In perpetual testimony tvliereof, the said Albert Pike, as Commissioner, / . — ' — J with plenary powers, on the part of the Confederate States, doth •j SEAL, t now hereunto set his hand and affix tlie seal of his arms, and ^ — r^- ' the undersigned Commissioners, with full powers of the Choc- taw and Chickasaw Nations, do hereunto set their hands and affix their seals. Done in t)iplicato, at the place and upon the day, iu the year, first afore- said. ALBERT PIKE, Commissioner of the Confederate States. R. M. Jones, Alfred Wade, McKee King, Sampson Folsora, Coleman Cole, William King, Forbis Leflore, James Riley, John P. Tuinbull, Geo. W. Harkins, jr., Rufus Folsom, William Bryant. Allen Wright, William B. Pitchlynn, Commissioners of the Choctaw. Nation. Edmund Pickens, Henry C. Colbert, A. Alexander, Holmes Colbert, James McM. Lish, Wilson Frazier, James Gamble, Martin W. Allen, C. Columbus, Joe! Kemp, John M. Johnson, A"^halatobbe, William Kemp, Samuel Colbert, John E. Anderson. Winchest-er Colbert, ' Commissioner of the Chickasaw Nation. ^ Signed, sealed and copies exchanged in our presence, July 12, 1861. Win. Quesenbury, W. L. Pike, Secretary to the Co^nW^ Wm. H. Faulkner. W. Warren Johnson, Doc. 20, 1861. RATIFICATION Resolved, (two-thirds of the Congress concurring,) That the Congress C()n«i^rofTreat"'^ ^^ ^^'*^ Confederate States of America, do advise and^consent to the ratifica- wit,h the Choctaw ^'*^'^ ^^ ^^'*^ aiti(^les of a treaty, made by Albert Pike, Commissioner of the and Chickasaw Confederate States to the Indian nations west of Arkansas, in behalf of the Nations. Confederate States, of the one part, and by the Choctaw and Chickasaw Nations of Indians, by their respective Commissioners thereunto appointed and elected, of the other part, concluded at the North Fork Village, on the north fork of the Canadian river, in the Creek Nation, on the tv/elfth day of July, in the year of our Lord, one thousand eight hundred and sixty- one, with the following AMENDMENTS: I. Strikeout from article xxvii. the words, "to the same rights and privileges as may be enjoyed by delegates from any Territory of the Con- federate States," and insert in lieu thereof, the following words : " to a seat in the Hall of the House of Representatives, to propose and introduce measures for the benefit of said nations, and to be heard in regard thereto, and on other questions in which either of said nations is particularly interested, with such other rights and privileges as may be determined by the House of Representatives." Amendments. TREATY WITH CHOCTAWS AND CHICKASAWS. 3S1 IT. Stiike out from article xxviii. the following words: " tl)e whole Choftaw and t hickasaw country, as above defined, shall be received and admitted into the Confedeiacy as one of the Confederate States, on equal terms, in all respects, with the original States, without regard to popula- tion, and — " and insert in lieu thereof, the following words: "the application of the said nations to be admitted as a State into the Confederacy, on equal terms, in all repects, with the original States, shall be referred to and con- sidered by the Congress of the Confederate States, by whose act alone, under the Constitution, new- States can be admitted, and whose consent it is not in the power of the President of the present Congress to guarantee in advance, and, if the Congress shall assent to such admission, the whole Choctaw and Chickasaw country, as above herein defined, shall constitute the State so admitted, and in case of such admission." III. Strike out from article xliii. the following words: "or of any one of the States," and add at the end of this article the following words: "and the Confederate States will request the several States of the Con- federacy to adopt and enact the provisions of this article, in respect to suits and proceedings in their several courts." IV. Strikeout from article xliv. the following words: " or in a State court," and insert in lieu thereof, the following words : "or in a SU.lo court subject to the laws of the State." V. Sttikij out from the fourth paragraph of article Ivii., i:! the phrrra " two lniii;atio'n"in- behoof in fee simple forever, the lands included within the boundries .•iud>'d -within th«« defined in the preceding article of this treaty; to bo held by the people b>"-'£»<»'^"*"5 «l«^fi'^!,''^'.oa,*iVi o'n simple absolute sliaii vest in parceners and purchasers whenever it shall thereof", please the nation of its own free will and accord and wiihout solicitation from any quarter to do .so; which solicitation the Confederate Statoi liereby solonitdy agree never to u?e ; and the title and tenure hereby guaranteed (o the said nation is and shall be subject to no other condi- tions, reservations or restrictions whatever, than such as are hereinafter spec! all}' expres-sed. 334 TREATY WITH THE SEMINOLE NATION. Lands nnt to bs ARTICLE VL Nor.e of the said lands hereby guaranteed to the Seminole disposed of to auy JSTation shall ba sold, ceded, or otherwise disposed of to any foreign power, s'tate°'or ^GoTem- *^'' ^^ '"^".^ Slnte or government whatever; and in case any such sale, meat. cession or disposition should be made without the consent of the Confede- rate States, all the said lands shall thereupon revert to the Confederate States. Country cedcil ARTICLE VII. It is further heieby agreed and stipulated, that no part to the Sominoleof the tract of country hereinbefore guaranteed to the Seminole Nation, Seaty" ofA^ug!'^?!^^^'^?^^'^ ^^'"'^ ^^'''^^ ""^'^^ ^^'^"^^^^^ ^^ ^^ ^'J ^^^^ treaty of the seventh day of 1856, not to be August, A. 1), one thousand eight hundred and fifty-six, between the disposed of without United States of America and the Creek and Seminole Nations of Indians, t'Te " cTJck"'".a n d ^^\^'^ ^''?'" ^^ ^^^^ ^'^ Otherwise disposed of without the consent of both of Seminole" Nations. sJiid nat'ons being legally given. No State or Ter- ARTICLE VIII. The Confederate States of America do hereby solemnly ntory to pass laws,,^j.gg ^^^i^ jl^jj^^-j themselves, that no State or Territory shall ever pass laws for tbe Govern- ^-^ .i ri f i r. • i -kt ■ ■. i' • f i ment of the Somi- ^or the (jrovernment ot the Seminole Nation 5 and that no portion of the no!e Nation. country hereby guaranteed to it shall ever be embraced or included within Seminoles notto or annexed to any Territory or Province ; nor shall any attempt ever be be incyrporated,^,^^}g except upon the free, voluntary and unsolicited application of the into any other ter- -j ,• ^ ^ ^ , ,1 •% ,•'■,■ ,^ . , "'^ , ritorial or political ^^^^ nation, to erect the said country, by itself oi" with any other, into a organization. State, or any other territorial or political organization, or to incoi'porate it into any State previously created. . Yx^'r ^',^'*'"*'^^ Articlk IX. So for as may be compatible with the Constitution of the ri»nt of self-gov- ^ /■ j 1 oi. x i vi ^i 1 i n 1 , i • ernment and full Confederate States, and with the laws made, enacted or adopted m con- jurisliotion overformity thereto, regulating trade and intercourse with the Inrlian tribes, as persons and prop- the same are limited and modiiied by this treaty, the Seminole Nation ei 7, guaran eo . gj^j^jj possess the Otherwise unrestricted right of self-government, and full jurisdiction, judicial and otherwise, over persons and propei'ly within its Exception. limits, excepting only such white persons as are not, by birth, adoption or otherwise, members of either the Seminole or Creek Nation; snd that Mombersbip de- there may be no doubt as to the meaning of tliis exception, it is liereby '^^ ' declared that every white person who, liaving married a Seminole or Creek woman, resides in the said Seminole country, or who, ^vithout inter- marrying, is permanently domiciled therein with tbe consent of the authorities of the nation, and votes at elections, is to be deemeil and taken as a member of the said nation, within the true intent and meaning of Pumshiiient of this article ; and tliat the exception contained in the laws for the punish- 0II0QC6S rt » ment of oflences committed in the Indian country, to the effect that they shall not extend or apply to offences committed by one Indian against the person and property of another Indian shall be so extended and enlarged by virtue of this article when ratified, and without further legislation, as that none of said laws shall extend or apply to any olfeuee committed by any Indian, or negro, or mulatto, or by any such white person, so by birth, adoption, or otherwise, a member of the Seminole or Creek Nation against the person or property of any Indian, negro, or mulatto, or any such white person, when the same shall be committed within the limits of the said Seminole Nation as hereinbefore defined ; but all such persons sliall be subject to the lav/s of the Seminole Nation, and to prosecution and trial before its tribunals, and to punishment according to such laws in all respects like native members of the said Nation. k ^".''""'^^^^ ,*°.^® Ap.tiole X. All persons who are not members of either the Seminolo country!" '^ ^ or Creek Nation found in the Seminole country as hereinbefore limited, shall be considered as intruders, and be removed and kept out of the same, either by the civil officers of the nation under the direction of the Execu- tive, or the General Council, or by the agent of the Confederate States for the nation, who shall be authorized to demand, if neoe?sary, the aid of tho Excertiocs. military for that purpose ; with the following exceptions only, that is to. TREATY WITH THE SEMINOLE NATION. S35 say: such indivitluals with their families as may ])e in tlie employment of the Grovernment of the Confederate States; all persons peaceably travel- ling, or temporarily sojourniuo- in the country, or trading- therein under license from the proper authority; and such persons as may be permitted by the Seminoles or Creeks with the assent of the agent of the Confede- rate States to reside within their respective limits without becoming mem- bers of either of said tribes. AiiTrci.K XL A tract of two sections of land, to be laid off under the Reservation of direction of the President of the Confederate States, and to include the^'^^'^s for Indiaa site of the present Seminole agency, whereon the public buildings of that*^**""^" agency have been eiected, is hereby reserved to the Confederate States and not included in the guarantee of lands aforesaid, but shall be within the sole and exclusivi^ jurisdiction of the Confederate States, except as to members of the Seminole or Creek Nation as above defined, all offences committed by whom thereon shall be punished by the laws and courts of the Seminole Nation whenever they would be so punished if committed elsewhere in the nation : Provided, That whenever tlie agency for the said. Proviso. nation shall bo discontinued by the Confederate States, and an agent no longer appointed, the said tract of two sections of land eliall. pass to and vest absolutely in the Seminole Nation in the same manner as its other lands with all the buildings tliat may be thereupon. AiiTicLR XII. The Confederate States shall have the right to build, Reservation of establish and maintain sTudi forts and military- posts, temporary or perma-'^"^-^ f'"" forts, nent, and to make and maintain such military and post-roads as the Presi- °^ Z'^'^-'' P""'® ^"^^ 1 X 1 • » o. • 1 • ^ 1 1 ■ ,post-roaas. dent may deem necess.ary m tlvi Seminole country ; and the quantity ot one mile square of land, inclum(?aacted tor the purpose of carrying into effect the provisions of the :abor, extended to Constitution in regard to the re-delivcry of fugitive slaves or fugitives tion ^'""'°^'® ■^'-'•"from labor and service, shall extend to, 'and be'in full force within the said Seminole Nation ; and shall also apply to all cases of escape of fugitive slaves from the said Seminole Nation into any other Indian nation or into one of the Confederate States; the obligation upon each such nation or State to re-deliver such slaves beir.g in every case as com- plete as if they had escaped from another State, and the mode of pro- cedure the same. Persona of the ARTICLE XXX. Persons belonging to the Seminole Nation shall Sominole Nation j^g-.^.j^-f^j. j^^ competent witnesses in all cases, civil and criminal, in the raade competent ^ i /i r- i c^ i i i ■ <• witnesses in eases f^oi^i^'ts ot trie Confederate States, unless rendered incompetent from some in the C. S. courts, other cause than their Indian blood or descent. May take hold Articlf; XXXf. It is hereby further agreed by the Confederate andpasslandobyg(..^^g^ ^^,^.,^j^U ^^^^ members of "the Seminole Nation as hereinbefore purciiaseor ,,, i ^ descent, and f^ae defined, siiall be henceforward competent to take, hold and pass, by pur- andimpleadinaiiy chase or descent, lands in any of the Confederate States heretofore or of the courts ot f^*^ }ieveafter acquired by them, and to sue and implead in any of the courts of each of the States, in the same manner, and as fully, and under the same terms and restrictions, and on the .same conditions only as citizens of another of the Confederate States can do. Effect of official ARTICLE XXXII. AVhenever regular courts of ju.stice shall be estab- act3ofjudicml..t-];.,|^g,l in the Seminole Nation, the official acts of all its judicial ofhcers liccrs in saiil ua- •, ,, , , rr i i • i i i i-i r- • i i t. tion. shall have the same enect, and be entitled to the like faith and credit everywhere as the like acts of judicial ofBcersof the same grade and juris- Autheiitieation tlictioii in any one of the Confederate States ; and the proceedings of the of records and courts and tribunals of the said nation and copies of its laws and judi- '"■^^^ cial and other records sh.ill be authenticated like similar proceedings Off the courts of the Confederate States and the laws, and cfEce records of the same, and be entitled to the like fjiith and credit. Existing laws, AliTTCLE XXXIII. It IS hereby declared and agreed, that the insti- usages and i;"'!- tution of slavery in the Seminole Nation is legal and has existed from TREATY WITH THE SEMINOLE NATION. 339 time immemorial J that slaves are takea and deemed to be pcrsoaal toms, in re rppct to property; that the title to slaves and other property having its origin iu^iav«rry, declared the said nation shall be determined by the laws and customs thereof; ' ' '^' and that the slaves and other personal property ot" every person domiciled in said nation shall pass and be distributed at his or her death in accordr ance with the laws, usages and customs of the said nation, which may be proved like foreign laws, usngcs and customs, and shall everywhere be held valid and binding within the scope of their operation. Articlk XXX^^^ No ex post /aclo law or law impairing the obli- No e« ^c<«t /acJo gation of contracts shall ever be enacted by the le-islativc authority of !"^'''^f '''^^'"'Pf.""- the bcminole iNatiou to ailect any other persons than its own people ; -,f contracts, affett nor shall any citizen of the Confederate States or mehiber of any other any oth.r than its Indian nation or tribe be deprived of his property, or deprived or res-^'^^j.P'j" " trained of his liberty, or fine, penalty or forleiture be imposed on him in son nr.d I'roperty tiu; said country, except by the law of the land, nor without due process secured to citizens of the law ; nor shall any such citizen be in any way deprived of any of "^ ' .'' ^- ?• *"^ .. -•* in cm DC FB ol otncr the rights guaranteed to all citizens by the Constitution of the Coufed- jndijm N^tip^j eratc States; and it shall be within the province of the agent to prevent a.ny infringement, of such rights and of this article, if it should in any case be nece^^sary. AuTlci.K XXXV. It is heteby further agreed, that the Congress of Post-offices and the Confederate Stales shall establish and maintain post-offices at the ™^'^^ m )st im;n)rtant places in the Seminole Nation, and cause the mails to be regularly carried, at re;isonable intervals, to and from the same, at the same rates of j>ostage and in the same manner as in the Confederate States. AiiTlCLE XXXVI. It is further agreed by the said Confederate Fcmino^psnotto States, that the said Seminole Nation shall never be required or called P " ^ expen^os of ... , . f 1 <■ 1 i""" ^^-^ ^^ ^ " y upv)n to pay, m land or otherwise, any part oi the expenses oi the future war. present war, or ot' any war waged by or aga nst the Confederate States. . AiinCLK XXXV U. In order to enable the Creek and Seminole lUprcfentatho Nations to claim their rights and secure their interests without the in <-"<-' gV'.s^s. intervention of counsel or agents, and as they were originally one and the same people and are now entitled to reside in the country of each other, they shall be jointly entitled to a delegate to the House of Kep- re^oittatives of the ( 'onlederatc States of America, who shall serve i'or the term of two years, and be a' member of one of said nations, over trt'rfnt.y-one yeirs ot age, and laboring under no legal disability by the l.iw i>f either nation ; and each delegate shall be entitled to the same riglits and privileges as may be enjoyed by the delegate from any Terri- tory of the Confederate States to the said House ol' Representatives. Each shall receive such pay and mileage as shall be fixed by the Con- gress of the Confederate States. The fir^t election for delegate shall be Election of J, Ic- held at such time and plsces, and be conducted in such nx.nncr as shall sa-tc- bo prescribed by the agent of the Confederate States lor the Ci-eeks, to whom returns of such election shall be made, and he shall declare the person having the greatest number of votes to be duly elected, and give him a ccitiljcate of election :iccordingly, which shall entitle him to his seat. For ah subsequent elections, the times, places and manner of hold- ing them and ascertaining ami certifying the result shall be prescribed by law of the Confederate States. AitricLK XXXVlll, It is hereby ascertained and agi'eed by and between Ai nu{io-<. iii'(>r- the Confederate States and the Seminole Nation, that the United '^f-i'^'s t)t ^j^^^.j^J^"^,"^' ^1^^!^ America, of which the (Confederate States were heretofore a part, vverii, rc;ira Seminole Nation iu the following sums, annually, and bound to the P^'ii^-Von ^'^'"° '" S40 TREATY WITH THE SEMINOLE NATION. tual payment thereof to them, on the thirteenth day of December, in each year, that is to say: Pei'petual annuities, amounting to the sum of t-wenty-five thousand dollars, being the annual interest at the rate of five per cent, per annum on the two sums of two hundred and fifty thousand dollars each, which were, by the eighth article of the treaty of the seventh day of August, A. ])., pne tliousand eight hundred and fifty-six, to be invested by the United Slates at that rate of interest, and the interest to be regularly paid over to the nation 'per cajnta as annuity ; no part of which was ever .invested. And the sums of three thousand dollars, for the support of schools, two ■thouT-and dollars, for agricultural assistance, and two thousand two hun- •dred dollars, for the support of stniths and smith shops among the Semi- Jioles, which were, by the same treaty, to be paid annually for ten years from ^\mI after the making of the said treaty. And it is heieby further ascertained and agreed, that there was due to the Semir.sle Nation from the United States of America, on the thirtieth •day of December, in the year of our Lord, one thousand eight hundred and sixty, on account of said annual payments, and the arrearages thereof, the sums following, that is to say : For arrearages of the said sum of three thousand dollars. anmiHlly, for the support of schools, from the seventh day of August, A. D., one tliousand eight hundred and fifty-six, until, and including the payment for, the thirtieth day of December, A, D , one thousand eight hundred and sixty, thirteen thousand dollai's. The sum of two thousand dol'ars, for ng'icultural assistance, and the i!um of two thousand two hundred dollars, for the support of smiths and smith-shops, both payable on the day last mentioned. And it not being desired by the Confederate States that the Seminole Nation should continue to receive these annual sums from the Government of the United States, or otherwise have any further connection or commu- nication with that Government; and they b^-ing willing, for the benefit ;iud improvement of the Sf^'iiiuole people, to extend the time duiing which ?he said annual suuisof three tliou.sand dollars, for the support of scliools. imd of two thousand two hundred dollars, for the support of smiths and TbeC. P. MB'-oBsc smith-shops, shall be paid; therefore, tlie said Confederate States of aep-*yin"iit of 'lie ^^j,,^j,j,.j^^ ,1,5 hereby assume the payment, for the future, of the above- juuii pvim.T'.-. J"«cUed annuity and antmal payments, and do agree and bind themselves reofularly and punctually to pay the same in manner following, that is to say : The said annuity or annual interest of twenty-five thousand dollars, annually, forever, commencing with tjie thirtieth day of December next, fivo thousand dollars thereof, annually, to the treasurer of the nation, to be used and disbursed as the General Council shall direct for governmerital and other purposes, and the residue of twenty thousand dollars, annually, per capita, to all the individuals of the Seminole Nation, equally and share and share alike : Provided, That after the restoration of peace, and the (establishment and rei'ogtiition of the independence of the Confederate States, and if it be re<]uired by the General Council of the Seminole Nation, the capU-al sum of five hundred thousand dollars, on whi(di the said annual interest is hereby provided to be paid, sliall be invested hy the President in safe sto(dvS, at their market value, bearing an annual interest of at least six per cent., so that the most advantageous investment })Ossible shall be made foi- the Seminole Nation ; which stocks shall "be thereafter held in trust for the Seminole people, and the interest thereon collected by the Confederate States, and by them paid annually to the Seminoles, five ihousand dollars in each year to the treasurer of the nation, to be applied TREATY VvITH THE SEMINOLE NATION. 3il to such governmental and other purposes as the General Council shall direct, and the whole residue, per capita, to all the individuals of the nation. The said sum of three thousand dollars, for the support of schools, annuall}^ for twenty years from and after the making of this treaty, beginning with the jjiesent year of our Lord, one thousand eight hundred and sijity-one, and payable on the thirtieth day of December in each year; to be expended and ap])lied under the direction of the President of the Confederate States by the agent of the Semirioles. The said sum of two thousand two hundred dollars, for the support of smiths and smith-shops, annually, for ten years from and after the making of this treaty, beginning with the present year of our Lord, one thousand eight hundred and sixty-one, and payable on the thirtieth day of December in each year, to be expanded and ajiplied by, or under the direction of, the General Council for the support of tmiths and smith-shops in the said nation. The said sum of two thousand dollars, for agricultural assistance, annu- ally, for five years, from and after the making of this treaty, beginning with the present year of our Lord, one thousand eight hundred and sixty- one, and payable on the thirtieth day of J December in each year, to be exj)ended and apjtiied, under the diiection of the President, in the way of agricultural assistance, by the agent of the Confederate States for the said nation. Anil the said Confederate States do also agree and bind themselves to appropriate and pay immediately after the complete ratification of this treaty, the sum of seventeen thousand two hundred dollars, the aggregate of the sums which were so due and payable as aforesaid, on the thirtieth day of December. A. D., one thousand eight liundred and sixty; the sums of thirteen thousand and two thousand dol'ars, part thereof, to be expended and disbursed by the agent, under the direction of the President, the former for the support of schools, and the latter in the way of agricultural assistance; and the sum of iwo tliousand two hundred dollais, the residue thereof, to be paid to the treasurer of the nation, and ajiplied by the General Council to the support of smiths and smith-shops: Provided, That the President shall not be required to expend the whole of said sum of thirteon thousand dollars at once ; but shall apply the same judiciously, from time to time, and at such times and in such sums, as shall seem to him best calculated to diffuse the benefits of ev them bv being dispossessed of a large number of slaves about the vear ^"'*^? "'';'; ^ :[ J, one thousand eight liundred and forty-seven, by an illegal order of General by boijigdinpos^es Tiiomas 8. Jesup, and which were protected against the claims of the ffdof n inrjienum- ovvners by order of that General, at Fort CJibson or elsewhere, for a iong^^'' o^ '^'-"" ^l^^^'i"- time, and until they were delivered \\\\ to the United States sub-agent, for the Seminoles, about the first of January, A. D., one thousand eight liun- dred and forty-nine, by virtue of an order from the ['resident, promulgated by the Secretary of War, in an order dated fifth of August, one thousand eight hundred and forty-eight, to be by the sub-agent delivered to the Chiefs of the Seminoles, who were to decide the right of property in and to said slaves; auvl that this was done by a decree of the Gein'ial Council, of the fifteenth day of May, one thousand eight hundred and tbrtv-nine, by which decree all the slaves, and their increase, having formerly belorgeil 342 TREATY WITH THE SEMINOLE NATION. to Kinir Payne, were decided to belonjr to and to be under the control of Micco Mut-cba-sa or Jem Jumper, the Principal Chief of the nation. And it being also alleged by the Seminoles that the claims of the various owners of said slaves, so dispossessed of their property and deprived of the use of the same for three yeais or more, were made out before, and filed with, Marcelhis I)u Val, the sub-agent foi' the Seminoles, prior to the fifth of September, one thousand eight hundred and fifty-four; And it being alleged by them, that fifty of said negroes belonged to Car-pit-cha Micco, now deceased, seven to Chilto, forty to Nelly Factor, ap4-ihirty to Eliza Chopco, daughter of IMlly Bowlegs ; And it being also alleged by the Seminoles, that they could never obtain any consideration or hearing of or for these claims from the Government of the United States, not even at the time of making the treaty of the year of our Lord, one thousand eight hundred ami fifty-six, on account of the determination of northern members of the Cabinet and of Congiess, not to admit any right of property in slaves or ]^ay any claim on account of the seizure or detention of slaves, even to foreign governments; And the said negroes being alleged to have been illegally sei'/ed and detained without warrant of law or color of right, of war or otherwise; Investigation Therefore, it is hereby further agreed by and on the part of the GoidVd- and adjudication g,.j^j.Q gf.jf j^i,.,,. jl^^ ^.^i,j claims shall, at the earliest convenient season, of Fuoh claims. , . . , ,! . . ,. t !• . ,r • . be examuied and mvestigated by the Commissioner of Indum Anairs, who shall do so under the direction of the Secretary of War, and subject to an appeal to him and from him to the President, in such manner as shall be just and liberal uiuler the circumstances and after such la]ise of time, nnd Th!}C.S. aagume '^'"*" '"'ji'dicale the same upon such principles as shall be just nnd eq^ita- the payment «f the ble ; and if it be u|»on such investigation asc<^rtaineil and dtdermined that money due for the the slaves in (juestioi) were illegally detained, then tlie (,'onfederate Stales ' th^e 8lave=''^^'°^ ° ^^^'^ 1*'^-^' ^^ *''*^ several owners or their heirs, within a reasoiiabh; time, such amounts of iiionoy as shall he determined to have been justly and equitably due to the said several owners, foi' the loss of service of s;iid slaves during such times as they shall be found to have been so detained, acconling to the cui'reiit value of such service in the Seminole country at the time. Payment to the AuTicLK XL. Whereas, during the war between the United States -iml h'iiraof Sally Fac-{i,(. y,,,„j„^] j„ }r|,j,.;,i., j,, {i,^, years iVom oiu' thousand eie-lit hundred tor, ueo^assd, tor , ^, • ■ \ , i • 'i , , ■ ■ ,. • i • two iilavea killed^""' thirty-six, to one thousand eight bundled and forty , inclusive, wliiit) in thc) ger- the United States niilitarv authorities, in Floridn, compelled July and Mur- vice of the U. S. y.^y^ t^\.(, slaves of Sally Factor, now deceased, to serve as interpreters, and retained them in such service and liad them in possession fv agree to p ty to the heirs of the said Sally Factor, deceased, in full satisfaction for said claim, the sum of Cwa thousand dollars, immediately after the ratification of this treaty. I'aymont of AiiTiCL XLI. It being urged, with much reason, by the authorities Principal" c i^'icf! "^^ *^^^ "^'^'^^'"'^'^ Nation, that the delegates, forty in number, who went «r\d others in full with the Superintendent of Indian Affairs to Florida, in the year one of their claims and tiiousand eight hundred and fifty-vseven, to bring about the removiil of loyalty and pood ^'^"^ hostile Seminoles, received but an insuflScient compeiisation from the faith. TREATY WITH THE SEMINOLE NATION. 34S United States for their time and services, in the puyracnt of the sura of two hundred dolhirseach, for four months abisciiee i'vum the'u- hoi.'jes; and the said Confederate States being desirous to leave no just and fair chiim of the Seminoles, or any of them, unadjusted, or any of their friends among the lied Men justly dissatisfied, it is, therefore, hereby agreed on the part of the Confederate States, that they will pay upon the ratifica- tion of this treaty, to the Principal Chief, John Jumper, or Hi-na-ha Micco, for his services at that time and in consideration him for each of the other thirty-four delegates the sum of one hundred dollars in full of all their claims, and in view of their present loyalty and good faith. Article XLII. It is hereby further agreed by the Confederate States, Furiherpayment that they will jiay, upon the complete ratification of this treaty, to the J,'^^.^^j.|'^^ J^'^r^.'^^"] Principal Chief of the Seminole Nation, to be equally divided, by him,i,y 1,;'^ among tho the commissioners appointed by the ({eneral Council, and who eommission'rswho ------ - "have neg-"*'"''"' tbis treaty. have negotiated this treaty,' the sum of five hundred dollars, by way oi'^'''"' noKotated compensation for their time and services therein. AiiTlCLK XLETI. To give the Seminoles full and entire assurance of T^ctters patent of the completeness of their title to their lands, the Confederaljtt States J'^j'^'^J^'j.^j^^^gjjj-^ hereby agree that there shall be executed and delivered to the Seminole noles and assur- Nation letters patent of conveyance and assurance of the same, whereby «"««■ t" ^^ ^,\^' the same shall be guaranteed to them in fee simple forever, with^"^_^ by^he'c/s! power of disposition, in the language of article four of this treaty, t,, tho Seminolo under the (jireat Seal of the Confederate States, and signed by the Pres- Nation, idcnt, upon parchment, so that it may not decay or its letters fade. AiiTiCLE XLIV. A general amnesty of all past offences against the General amnesty laws of the United States and of the Confederate States, committed in«^cclared. the Indian country before the signing of this treaty, by any member of the Seminole Nation, as such membership is defined in this treaty, is hereby declared, and all such persons, if any, wliethcr convicted or not, imprisoned or at large, charged with any such olfence, shall receive from the President full and free pardon, and be discharged. Article XIjV. It is further agreed between the parties that all Ccrtnin provis- provisions of the treaties of the Seminolo Nation with the United States '•^'?* ''f*^?,*'"*."'*''^^ 1 • I. i i ii. CI • 1 \T i- • 1- -J I ii t. ol the Scimnolo which secure or guarantee to the Seminole Nation, or individuals tnercot, jvf,j,i(,n ^ith th c any rights or privileges whatever, and the place whereof is not supplied u. S. continued in by, and which are not contrary to the provisions of this treaty, and go f".'"'"*' 'i^ p*^ ""''^* far as the same are not obsolete or unnecessary, or repealed, annulled, ^^' changed or modified by subsequent treaties or laws, or by this treaty, are and shall be continued in force, as if made with the Confederate States. Article XLVI. This treaty shall take effect and be obligatory upon When this treaty the contracting parties from the first day of August, in the year of our '•^ ^^'^"^ ^^*°'- Lord, one thousand eight hundred and sixty-one, whenever it shall be ratified by the provisional President and Congress, or the President and Senate of the Confederate States. In perpetual testimony/ whereof, thesaid Albert Pike, as Conmiissioner, with plenary power, on the part of the Confederate States, doth now hereunto set his hand andafhxthesealof hisarms, and the undersigned chiefs, head men and warriors of the Seminole Nation, and commissioners with plenary powers thereof, on the part of the Seminole Nation, do hereunto set their hands and afiix their scab. 94M TREATY WITH THE SEMINOLE NATION. Done in duplicate, at the place, and upon the day, in the year first aforesaid. ALBERT PIKE, Coinrnissioncr of the Confederate States of America to ilie Iiutiun JWdicv.s 7'ji.ii cf Arkansas. JOHN JUMPER, FOS-HUT-CHI HA-CHO-CHI, Pi i lie pal Chief of the Seminole Nation. Ton-ii Chitf. PAS-CO-FA, ' TA-LO-A HA-CHO, Totrn Chief. Town Chiif. GEORGE CLOUD, 0-CHI-SI CHO-FO-TO-A, Town Chiif. Tmcn Chiif. FOS-HUT-CHI TUS-TI-NUK-KI, CHO-FO-TOP HACHO, Toini Chief. Toini Chief. TA-CO-SA FIC-SICO, SU-NUK MICCO, Toicn Chief. Tincn Chief. IIAL-PA-TA, TUS-TI-NUK CO-CHO-CO-NI, Town Chief. Town Chief. l-U \-TlILA, Town Chief. Signed, sealed and mutually delivered in our presence. WM. QUESl'^NBURY, Seere'riry In the Commissioner. E. RECTOR, Superintendent of Indian Affairs for tilt Wef,tern Snperiiitendeney. SAMUEL M. RUTHERFORD, ^ A(jeiit of the Confederate Stutes fur the Seminides. JAMES M. C. SMITH, CHARLES B. JOHNSON, ^V. WARREN JOHNSON, W. L. PIKE, W. H. FAULKNER. To the Indian names aro subjuined marks. A CONTENTION SUPPLEMENTARY 7o the treaty of friend ship this day made and concluded at the Council Aug. 1, j8ol. House of the Seminole Nation, on the frst day of August, in the year of our Lord, one thousand eight hundred and sixty-one, between the Confederate States of America, by Albert Pike, their Commissioner , with full powers, of the one jinrt, and. the Seminole Nation of red men. by their Ch.iofs, head men and warriors in General Cumicil assembled, of the other part. The Seminole Id addition to the said treaty, and by way of separate convention and Nation to furnisli agreement, it is hereby atjjreed between the Kuid parties, that in consid- five companica of^j.^^j^^ ^^ ^j^^ common interests of the Confederate States and the Semi- mounted men to , „ . ■, ,. ^ ■ i ■ i i i , i , ■erve in the army "^o'^ JNation, and or the protection and rights secured and guaranteed to of the C. S. the latter by said treaty, the said Seminole Nation will raise and furnish, and the Confederate States will receive into their service not less than two nor more than five companies of mounted men, to serve in the armies of the Confederate States for twelve months. Each company shall be composed of not less than sixty-four nor more than one hundred meu in all. The company officars shall be elected by the members of the TREATY WITH THE SEMINOLE NATION. S4^ corupany; and the major commanding b}'^ a majority of the votes of all the members of the battalion. The men shall be armed by the Confed- erate States, receive the same pay and allowances as other mounted troops in the service, and not be moved beyond the limits of the Indian country, west of Arkansas, without their consent. In testinwni/ whereof, the said Albert ]*ike, as such Commissioner of the Confederate States, doth hereunto set his hand and affix the seal of his arms, and Hin-i-ha Mieco or John Jumper, Principal Chief of the Seminole Nation, Pas-eo-fa, Ceorge Cloud, Fos-hnt-chi Tas-ti-nuk-ki, Ta-co-sa Fic-si- f C'"'"'^ I CO, Ilal-pa-ta, I-raa-thla, Fos-hut-chi Ha-cho-chi, Sa-to-a I ^'^'- I Ilacho, 0-chi-si Cho-fo-to-a, Cho-fo-top Hacho, Su-nuk ''""'^ Miceo and Tus-ti-nuk Co-cho-co-ni Town Chiefs, Com- missioners, with plenary powers thereof, on the part of the Seminole Nation, do hereunto set their hands and affix their seals. Done in duplicate at the Seminole agency, in the Seminole Nation, on the second day of August, in the year first aforesaid. ALBERT PIKE, Comnihsioner of the Confederate States of America to the Indian Na- tions west of Arkansas. JOHN JUMPER, FOS-HUT-CHI HA-CHO-CHI, Pruicipnl Chief nf the Seminole Nation. Tinrn Clii'f. PAS-CO-FA, SA-TO-A HACIIO, Totnn Chief. Town Chief. GEORGE CLOUD, 0-CHl-Sl CHO-FO-TO-A, Town Chief. Town Chiif. FOS-HUT-CHI TUS-TI-NUK-KI, CHO-FO-TOP HACHO, Toirn Chief. Tmnn Chief. TA-CO-SA FIC-SI-CO, SU-NUK IMICCO, Toun Chief. Town Chief. HAL-PA-TA, TUS-TI-NUK CO-CHO-CO-NI, Town Chief ToKH Chiof. I-MA-THLA, Toien Chief. Signed, sealed end mutually delivered in our presence. WM. QUESENBURY, Seere'nry to the Commissioner. E. RECTOR, Sinterintrnihnt of Indian Affnirt for the Wrstirn Su))erintenrlrr}ii/. SAMUEL M. RUTHERFORD, Agent of the Confederate States for the Seminolea. ^ JAMES M. C. SMITH, Specin! Interpreter. • CHARLES B. JOHNSON, W. WARREN JOHNSON, W. L. PIKE, W. H. FAULKNER. To the Indian names aro subjoined marks. RATIFICATION. Dm. 20, 186?. Resoloed, (two-thirds of the Congress concurring,) Tliat the Congress Ratifioaiion by of the Confederate States of America do advise and consent to the rati- ^?°'^'"^'"g'^ *''.*"'*^ fication of the articles of a treaty made by Albert Pike, ('ommissloncr Nation. 346 TREATY WITH THE SEMINOLE NATION. of the Confederate States to the Indian nations west of Arkansas, in hehalf of the Confederate States, of the one part, and by the Seminole Nations of Indians, by its Chiefs, headmen and warriors, in General Council assembled, of the other part, concluded at the Seminole Council House in the Seminole Nation, ou the first day of August, in the year of cur Lord, one thousand eight hundred and sixty-one, with the following I Amendments. AMENDMENTS : I. Add at the end of article xxs. the following words: "and the Confederate States will request the several States of the Confederacy to adopt and enact the provisions of this article, in respect to suits and proceedings in their respective courts." II. Strike out from article xxxvii. the following words: 'Hhe same rights and privileges as may be enjoyed by the delegates from any Terri- tory of the Confederate States to the said House of llepresentatives," and insert, in lieu thereof, the following words; "a seat in the hall of the House of llepresentatives to propose and introduce measures for the benefit of said nations, and to be heard in regard thereto, and on other questions in which either of said nations is particularly interested, with such other rights and privileges as may be determined by the House of Representatives." III. Strike out from article xxxviii. the following words : " or in a State court," and insert, in lieu thereof, the following words: "or in a State court, subject to the laws of the State." Resolued furfJur, (two thirds of the Congress concurring,) That the Congress do also advise and consent to the ratification of the Conven- tion, supplementary to the aforesaid treaty with the Seminoles, made by the same parties of each part, and concluded at the same time and place with the same. Note. — The foregoing treaty, togethrr with the amcDdmcnt?, vfas tluly ratified by the Seminole Nation. TREATY WITH THE COMANCHES AND OTHER TRIBES AND BANDS. AUGUST 12Tn, 18C.1. ARTICLES OF A CONVENTION Enf red into and concluded at the Wichita Agmcij, near the Fake Washita river^ in the country leased from the Choctaws and Chicka- saws, on the twelfth day of A urjuM, in the year of our Lord, one thousand eiglit hundred and sixty-one, between the Confederate States of America, by Albert Pike, their Commissioner, wiV/< full juicers, appointed, by the President, by virtue of an act of the Congress in that behalf, of the one part, and the Pcn-i'-tcgh-ca Band of the N^e-un or Comanches, and the tribes and bands of Wichitas, Cado-Jfa-da-chos, Hae-cos, Ta-hua-ca-ros, A-na-dagh-cos, Ton-ca-wes, Ai-o-nais, Ki-cli(iis, Skawnees and Delawares, residing in the said leased country, by their respective Chiefs and Head Mc7i, who have signed these articles, of the other part. Articlk I. Tlie Peii-e-tefrh-ca Band of the Ne-uiii or Comanches, and The Comanclies. the tribes and bands of the Wich-i-tas, Cado-lla-da-clios, Ilue-cos, Ta- ^f '^^'"'''a ^\T nua-ca-ro!?, A-na-daj:n-cos, J on-ca-wes, Ai-o-nais, JM-chais, oluiwuees protection of tho and Delawares, now residinp^ witliin the country north of Red river and C. S. south of the (y'anadian, and between the ninety-eightli and one hun- dredths parallels of Avest longitude, leased for them and other tribes from the Choctaw and Chickasaw Nations, do hereby place themselves under the laws and protection of the Conicderate States of America, in peace and war forever. Ar'I'ICLE II. The Confederate States of America do hereby promise The C. S. aBsnme and engage themselves to be, during all time, the friends and protectors ^'^^^ P'^*^'®*''*''"**®^' of the Pen-e-tegh-ca Band of the Ne-um, and of the Wich-i-tas, Cado- Ha-da-chos, Ilue-cos, Ta-hua-ca-ros, An-adagh-cos, Ton-ca-wes, Ai-o- nais, Ki-chais, Shawnces and Delawares, residing, or that may hereafter come to reside, in the said leased country ; and that they will not allow thetn henceforward to he in any wise troubled or njolested by any power or people, State or person whatever. Amtici-e III. The reserves at present occupied by the said'sevoral Occupation of tribes and bands may continue to be occupied by then), if they are satis- "^*"^^^'"'" fied therewith; and if any of them arc not, the tribe or tribes, band or bands dissatisfied may select other reserves instead of those uovf occupied by them, in the same leased country, with the concurrence and assent of the agent of the Confederate States for the reserve Indians, at f.ny time within two years from the day of the signing of these articles. 348 TREATY WITH THE COMANCHES, ETC. Hxient of each ARTICLE IV. Each reserve shall be of sufficient extent of good arable rtaerve. ^p^d grazing laud, amply to supply the needs of the tribe or band that is to occupy it ; and each shall have a separate reserve, unless two or more elect to settle and reside together, and hold their reserves in common. Refervas, how The reserves shall, as far as practicable, be defined by natural boundaries defin--d. t|,at juay }jg described, and so far as this is not practicable, by perma- nent monuments and definite courses and distances; and full and authentic descriptions of the reserves shall be made out and preserved by the Confederate States. Right of proper- AiiTiCLE V. Each tribe or band shall have the right to posses, occupy ly ia reser»re se- aiid use the reserve allotted to it, as long as grass shall grow and water run, or'bauci""^'^ '" ^ and the reserves shall be their own property like their horses and cattle. Hunting and AirTlCLE VI. The members of all the said several bands and tribes of killing o! game. Indians shall have the right, henceforward forever, to hunt and kill game in all the unoccupied part of the said leased country, without let or molestation from any quarter. Perpet lal peace ARTICLE VII. There shall be perpetual peace and brotherhood between bJtwcen'^'the^tnb'es ^'^^ Pen-e-tcgh-ca Band of the Ne-iim or Caniauches, and the tribes and and bjnJs. bands of the Wich-i-tas, Ca-do-Ha-da-chos, Hue-cos, Ta-hua-ca-ros, An- a-dagh-cos, Ton-ca-wes, Ai-o-nais, Ki-chais, Shawnees and Delawares, Injuries, Ac, for- l^ have no memj^ers of the said several tribes and bands, but only as to their own people who may settle therein ; and they shall never interfere in any way with the reserves, improvements or property of the reserve Indians. Ilo.-tiliiies and ARTICLE XI. It is distinctly understood by the said several tribes and enmities bet^reen bands, that the State of Texas is one of the Confederate States, and the said tribes and . •.,•/-, ,. ^ ■ ■. ^ ^-l n • ■ ■ -l i bands and State of J^^^^s ^his Convention, and sigus it wiien the Commissioner signs it, and 'iexa^, fo'gottenis bound by it; and that all hostilities and enmities between it and them and forgiven. j^j.g j^q^^ tnded and are to be forgotten and forgiven on both sides. No war to be ARTICLE XII. None of the braves of the said tribes and bands shall waged or councils go upon the war-path, against any enemy whatever, except with the the ciTn'Tnt of^the '^'^'^sent of the agent, nor hold any councils or talks with any white men a^ent. or other Indians without his knowledge and consent. And the Confed- Who may live erate States will not permit improper persons to live among them, but a.coDg em. ^^j^ g^j^ persons as are employed by the Confederate States and traders licensed by them, who shall sell to the Indians and buy from them at fair priees, under such regulations as the President shall make. TREATY WITH THE COMANCHES, ETC. 349 Article XIII. To steal a horse or other any article of property from an Tho etoaling of Indian or a white mun, shall hereafter be considered disgraceful, and the property to beoon- chiefd will discountenance it by every means in their power. For if ({jj*"" o>ss'"t- they should not, there never could be any permment peace. AancLE X[V". The Confederate States ask nothing of the Pcn-e-tegh- Nothing aske.i cas, Wich-i-tas, Ca-do-Ha-da-chas, Hue-cos, Ta-hua-ca-ros, A-na-dagh-cos, ''^ ^'^^^.,^- ?^.','*'"' Ton-ca-wes, Ai-o-nais, Ki-chais, Shawnees and Delawares, except that ^'x.epi ,i,.it they they will settle upon their reserves, become industrious, prepare to sup- wii l eette up -n port themselves, and live in peace and quietness; and in order to ''^'^"" ■'f'*''"^'^^' ^'^-^ encourage and assist them iu their endeavors to become able to support " themselves, the Confederate States agree to continue to furnish them The C. S. agree rations of provisions in the same manner as they are now doins, to ? uruis i r;iuon3, include, also, sugar and coiiee, salt, soap and vinegar, lor such time as may impioments, Ac. be necessary to enable them to feed themselves. They agree to furnish each tribe or band with twenty cows and calves for every fifty persons confained in the same, and one bull for every forty cows and calves ; and also to furnish to all of said tribes and bands together two hundred and fifty stock hogs, all of which animals shall be distributed by the agent to such persons and families as shall, in his judgment, be most proper to receive them, and most likely to take care of them. And they also agree to furnish, for the use of the said tribes and bands, such number of draught oxen, wagons, carts, ploughs, shovels, hoes, pick-axes, spades, scythes, rakes, axes and seeds as may be necessary, in addition to their present supply, to enable them to farm successfully. They also agree to furnish each tribe or band, annually, with sucK quantities as the agent shall est:m:its for and tlic superintendent require, of all such ari.lcles as arc mentioned and contained in the schedule hereunto annexed, marked A, to be issued and delivered to them by the agent. Article Xv'. The Confederate States will maintain one agency for the A/^ency for {ho aaid tribes and bands at the present agency house or some other suitable '"^'^'^ ''"'' bandH. . and convenient location, at which the agent shall continually reside ; and they do promise the said tribes and bands that they shall never be aban- doned liy the agent, and that he shall not be often nor for any long time away from his agency. Article XVI. The Confederate States will also employ and pay an ^''-^^'P'^'.^^'- interpreter for each langiiiige spoken among the said tribes and l>^in*^s, strikcr.-ind wa-'OK- and also one blacksmith, who shall also be a gun-smith, one striker and one maiior. wagon-maker, for all; all of whom shall reside at the agency ; and they Toois and jiup- will furnish, from time to time, such tools and such supplies of iron. ^^^'^^^"^^1'^''°' " *" steel and wood as may be needed for the work of the said tribes and bands; and will also furnish all the people of said tribes and bands who may be sick, with medicines and medical service, at the agency, where a Meiielnes and physician shall be employed to reside, for their benefit exclusively. '"*"^'*"'' ^*''^''"'- They will also employ for five years and as much longer as the President farmer for each shall please, a farmer for each reserve, to instruct the Indians iu culti- '''^*"^'^*'*" vating the soil, so that they may soon be able to feed themselves; and }]'' W Cunfede,-ate Statea. ' . ]] ' l^' ,' l!>,>i M. LUPER, H. P. JONES, Agent of ike Confederate Slates f,i- (/,c CHARLES B. JOHNSON, Wich-1-tan and ^, tin cups and buckets, pans, coffee pots and dippers, needles, scissors and shears, butcher knives, large iron spoons, knives and forks, nails, hatchets and hammers, augers, drawing knives, gimlets, chopping axes, fishhooks, ammunition, including powder, lead, flints and percussion caps, tobacco. This is schedule A, of the treaty with the Pen-e-tegh-ca Band of r i'-^- — N -V Ne um, and the Wichi-tas and other bands, to which it is •] Seal. [• annexed as a part thereof. <- — ,^^ ) ALBERT PIKE, Commissioner, d'c. ARTICLE STPPLEMENTARY To the Convention hctwcni the ConfMlcrate. States of America and the Pen-e-tegh-ca Band of Nc-um or Comanches, Wich-itas, Cado-IIa-da- chos, and other Bands settled upon rescroes, made and concluded at the Wich-i-ta. Agencif, near the False Washita river, on the twelfth day of August, in the year of our Lord, one thousand eight hundred and sixty-one. !PT«a»Vife. AiiTiCTiE. It being well known to all surrounding tribes and univer- sally acknowledged, that, from time immemorial, the Ta-wa-i-hash people of Indians, now called, by white men, the Wich-i-tas, and of whom the Ilue-cos and Ta-hua-ca-ros are offshoots, possessed and inhabited, to the exclusion of all other tribes and bauds of Indians, the whole country lying between the Red river and the False Washita, from their junc- tion to the west of the Wich-i-ta mountains, and with the aid of the Ta-nei-weh Band of the Ne-um, held all that country against all comers, and had their villages and fields in the vallics of the Wich-i-ta moun- tains and upon the creeks, and there cultivated the soil, raised stock and led an industrious life; all which facts were known to the Commissioner of the Confederate States twenty-nine years ago. And the United States of America, having, in the year eighteen hundred and twenty, and' by subsequent renewals of the grant, ceded, the whole of that country to the Choctaws; and having afterwards, by patent, conveyed and assured the same to them in fee, and they having made the Chickaaaws joint and equal owners of the same with them- selves ; whereby the same has been wholly lost to the Ta-wa-i-hash, except such small portion thereof as has been assigned to them by way of reserve ; and no compensation whatever has been made them therefor, although they respectfully presented their claim on account of the same to the Commissioner of Indian Affairs of the United States, and appealed to that Government for payment of some reasonable price for their said country, to be paid them in such manner as ehould be most for their benefit and improvement ; TREATY WITH THE COMANCHES, ETC. S£5 And the Commissioner knowing that their claim to compensation is a just one, and seeing how poor and helpless they are, and being willing to save them from the necessity of employing persons to urge their claim, and of dividing with them what they may receive, but not deeming himself authorized to decide what amount shall be allowed them therefor, nor in what manner it shall be paid. It is, therefore, hereby agreed by the Confederate States, that the CW.p of t h « claim of the Ta-wa-i-hash or Wich-i-tas to compensation for their ^'"^^'^l *'^^^*^^°'^ country, between the Red river and the False Washita, shall be sub- oiivVfry ihitwjoa mitted to the President for his consideration, who, if he also agrees that 'ho Ry\ river iiod it is just, shall determine what amount shall be paid or allowed them in^'''^,' Waah-.ts, ta satisfaction thereof, and in what manner that amount shall be paid; and jj^g ?f»sidca*. that amount shall accordingly be paid them in such manner as he shall direct. In textimonj/ whereof, the said Albert Pike, Commissioner of the Con- federate States of America to the Indian Nations and ( q I Tribes west of Arkansas, doth hereunto set his hand, ( ,^^*_^ j on behalf of the said Confederate States, and affix the seal of his arms. So done and signed and sealed, at Wich-i-ta Agency, near the False Wash-i-ta river, on the thirteenth day of August, in the year first afore- fiaid. AT.BRRT PIKE, Commissioner of the Confederate States to thv Indian Nations and Tribes rocat of Arkansac. WM. QUESENBURY, Secretary to the Commissioner. RATIFICATION. Dm.2M'G1. Resolved, (two-thirds of the Congress concurring,) That the Congress RaMSo; ton o f of the Confederate States of America, do advise and consent to the ratifi- *-^''' ,f "' '' "l^ ''.'• *? ** cation of the articles of a convention, made by Albert Pike, Commissioner nj«--t ry vrti l->. of the Confederate States to the Indian Nations west of Arkansas, in behalf of the Confederate States, of the one part, and the Pen-e-tegh-ca Band of Neum or Comanches, and the Tribes and Bands of the Wich- i-tas Cado-Ha-da-chos, Hue-cos, Ta-hau-ca-ros, An a-dagh,co3, Ton-ca- wcs, Ai-o-wais, Ki-chais, Shawnees and Delawares, residing in the country leased from the ChocU^ws and Chickasaws, each by its Chiefs and headmen, who signed the said articles, of the other part; concluded at the Wich-i-ta Agency, near the False Washita river, in the said leased country, on the twelfth day of August, ii the year of our Lord, one thou- Rand eight hundred and sixty-one. And that the Congress also advises and consents to the ratification of the supplementary article of the samo Convention, made and concluded at the same time and place, by the said Commissioner in behalf the Confederate States, with the Ta-wai-hash or Wich-i-ta Band of Indians, with the amendments adopted, to wit: 1st. Strike out all of article nineteen. 2nd. Strike out all of article twenty-four. 23 TREATY WITH THE COMANCHES OF THE PRAIRIES x\ND STAKED PLAIN. AUGUST 12, 1861. ARTICLES OF A CONVENTION, k-ig 12, ](-ii Entered into and concluded at the Wichita Agency^ near the False Washita river, in the country leased from the Choctaws and Chicka- saivf:, on the ticelfth day of August, in the year of our Lord one thousand eight hundred and sixty-one, hetu-een the Confederate States of America, hy Albert Pike, their Commissioner, with full powers, appointed hy the President, by virtue of an act of the Coni/ress in that behalf of the one part, and the Nc-co-ni, Ta-ne-i-ue, Co-cho-tih-ca and Ya-pa-rih-ca bands of the Nc-vm or Comanches of the Prairies and Staked Plain, by their Chiefs and head men tcho have signed these articles, on the other part. rh>j Coiuanchts Articlk I. The No-co-ni, Ta-nei-weh, Co-cho-tih-ca and Ya-pa-rih-ca M?* ^UcTtL-^'u^ ^^"'^'^ ^^ *^^ Ne-um, called by the white men the Comanches of the selves -jnder t h e Prairles and the Staked Plain, do hereby make peace with the Confederate prof.nc'aoa of tho Stateg of America, and do renew and continue the peace heretofore ^' ^' existing between them and the Cherokee, Mup-ko-ki, Seminole, Choctaw and Chickasaw Nations of red men, and do hereby take each and all of them by the hand of friendship, having smoked M'ith them the pipe of peace, and received the wampum of peace ; and do hereby place themselves under the laws and protection of the Confederate States of America, and agree to be true and loyal to them in peace and in war forever, and to hold them by the hand, and have but one heart with them always. Tiio C. S. as- Article II. Tho Confederate States of America do hereby promise snino ilie I''«'«<"- and engage themselves to be, during all time, the friends and protectors of the No-co-ni, the Ta-ne-i-weh, Ya-pa-rih-ca and Co-cho-tih-ca bands of the Ne-um, and tliat they will not allow them to be molested by any power or people. State or person whatever. Sottleroerii upou ARTICLE III. The No-co-ni. Ta-ue-i-we, Ya-pa-rih-ca and Co-cho-tih- ca bands of the Nc-um hereby agree that they will abandon their wan- dering mode of life and come in from the Prairies and Staked Plain, and settle upon reserves to be allotted to them in that country which, lies north of the Red river and south of the Canadian, and between the ninety-eighth and one hundredth parallels of west longitude, and which has been leased for them and other tribes of red men, by the Confederate State3 from the Choctawa and Chickasaws, and in which the Confederate States have offered ail the Ne-um homes. TREATY WITH COMANCIIES OF THE PRAIRIES. 355 Article IV. TheNo-co ni,Ta-ne-i-weh,Ya-pa-rit-caand Co-cho-tih-ca Indians allowed bands of the Ne-um shall be allowed to choose their own homes, in any t'' choose iheir own unoccupied part of the said leased country, on or near the Canadian or False Washita rivers, or near the Wich-i-ta mountains, as may best suit them, with the concurrence and assent of the agent of the Confederate States for the reserve Indians. Each reserve shall be of sufficient extent of Extent of each arable and grazing lauds, amply to supply their needs ; and the bands ^* -*"'''*• may have one reserve together, or four separate reserves, as they may choose. The reserve or reserves shall, as far as practicable, be defined ,„f.^''^*'''^^''*' ^^^ by the natural boundaries that may be described ; and so far as this is ' not practicable, by permanent monuments and definite courses and dis- tances; and full and authentic descriptions of the reserves shall be made out and reserved by tlie Confederate States. Article V. The said No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca and Co-cho- Rixht of proper- tih-ca bands of the Ne-um shall have the right to possess, occupy and 'y *" reserve, use the reserve or reserves allotted to them as long as grass shall grow or water run ; and the reserves shall be their own property, like their horses and cattle. Article VI. The members of the said No-co-ni, Ta-ne-i-weh, Ya-pa- . ..^''" V°^ """^ 1 /-» 1 -1 1 1 !• 1 XT 1 11 1 1 . 1 1 • killing Of game. nh-ca and Co-cho-tih-ca bands or the INe-um shall have the ri^ht, uuritifr all time, to hunt and kill game in all the unoccupied part of said leased country without let or molestation from any quarter. Article VII. There shall be perpetual peace and brotherhood between P<'rpstuaJ peao» theNo-coni, Ta-ne-i-weh, Ya-pa-rih-ca and Co-cho-tih-ca bands of M.e »"'^ **'^"''"^""^- Ne-um, and between each of them and all the other tribes and bands of the Ne-ura and of the Wich i-ta, C'a-do-ha-da-cho.s, Hue co, An-a-dagh- co, Ki-chai, Ai-o-nai, Ta-hua ca-ro, Ton-ca-we, Shawnee and Delaware Indians, occupying reserves in the said leased country, and any other bands of the Ne-um that may hereafter settle in said leased country, and every injury or act of hostility which either has heretofore sus- ii.jtirioa, '• or other property stolen from white men or from persons belonging to the Chen. kee, Mus-ko-ki, Seminole, Choctaw or Cliickasaw Nations, and to A pi» rehoD.sioo catch and give up any person among them v/ho may kill or steal or do*^"^ delivery of. any other very bad thing. """"S -l""- Article X. It is distinctly understood by the said four bands of the Hosilliticc and Ne-um, that the State of Texas is one of tlic Coniederate States, and ?u "'''i'".- ^°^'^*'«; joins in this Ccmvention, and signs it when the Commissioner signs it, State of Texag, and is bound b^ it; and that all hostilities and enmities bctT7ecn it and forpottea and foi- them are now ended, and arc to be forgotten and forgiven forever on E'^*""- both sides. Abticle XI. None of the braves of the said four bands of the Ne-um S56 TREATY WITH COMANCIIES OF THE PRAIRIES. No war to b^. shall go upon the war-path, after they are settled upon reserves, against waged or couDcil!ia,ny enemy whatever, or us guides to any war-party, except with the el , except "•'*' |j„,j\v]e(lu;e and consent of the assent, nor hold any councils or talks with the consent ol the <^ , r >• • i i • i i i Agent. any white men or otner Indians without his knowledge and consent. Who may live And the Confederate States Avill not permit improper persons to live omuDg tbeui. among them, but only such persons as are employed by the Confederate States and traders licensed by them, who shall sell to the Indians and buy from thein at i'air prices, under such regulations as the President shall make. The sto,.Hng of ARTICLE XIT. To steal a horse or any other article of property from property to b.? con- another Indian or white man, shall hereafter be considered disgraceful, u^fre '-^srace- jjijj ^Ijg pj^jgj'_^ ^^^jjj (ii^(.,mutpnance it by every means in their power. For if they should not, there never could bo any permanent peace. White prison' rs Articlk XII 1. If there should be among the No-co-nis, Ta-ne-i-wc3, tobe dehvorad up. Yg^.j^jj j.jyj.^..^g y,. Q^j^f^y j^j|j^,j^g^ ^jj^ white prisoner or prisoners, it is agreed that they shall be delivered up when they come in to settle; and that if they can peaceably procure p' ssession of any that may be held by any other band of the Ne-um. or by the C-'ai-a-was, or any other The C. S. to pay Prairie tribe, the}' will also bring them in, to be restored to liberty. And euitable rewards, the Confederate States agree that it any prisoners are so brought in and restored, suitable rewnrds shall bo given the band that brings them in, for doing so. But this article creates no obligation to deliver up IMcxicans who may be prisoners. Comancbes held AuTicLE XIV. The Confederate S^tates also agree, that if there be :js prisoners to bca,^y person or persons held as prisoners in Texas or any other of the Con- restored to ibei'r *'^^^''^*^ ^^'^*^^' ^^'^* in the Cherokee, Mus-ko-ki, Seminole, Choctaw or bandg. Chickasaw Nation who are of the Ne-um or Coraauches, that all such persons shall be set free and delivred up and restored to their band without charge or expense to the Ne-um. The C. S. ask ARTICLE XV. The Confederate States ask nothing of the bands of fiotbmg of the Co- t}jg Ne-um, except that they will settle upon their reserves, become manches except .j.. * . ..i i ii- • j •. that they will geV ^'^"^^'*''^'^^^^' pi"*^P^*re to support themselves, and live in peace and quiet- «!c upon the r re- ness ; and in order to encourage and assist them in their endeavors to verves, live j.c^ve bccomc able to support themselves, the Confederate States agree to fur- agreo to" furni'sb "'^'^ *^^^^"^ ^''^*'''^^"''' *^^' P^^^'^^^"^ ^^ *'''® sauic manner as they are now them with ^ation^, doing for the Wicuitas and other tribes and bands settled upon reserves, stocks, agricultu- to include also sugar and coffee, salt, .soap and vinegar, for such time as ra ""1' '^'"®°''^' may be necessary to enable them to feed themselves. They agree to furnish each of the said bands of the Ne-um with twenty cows and calves for every fifty persons contained in the same, and one bull for every forty cows and calves; and also other stock at the discretion of the snpeiin- tendent when they desire to have the same; all of which animals shall be distributed by the agent to such persons and families as shall, in his jmlg- nient, be most likely to take care of them. And they also agree to furnish for the lite of the said bands of the Ne-um, such number of draugl>to.\en, wagons, carts, ploughs, sliovel", hoes, picka.xes, spades, scythes, rakes, axes and seeds as may be neccssnry to enable them to farm su<;ces.sfully. They also ngiee to furnish the said bands of the Ne-uin, annually, with such quantities as the agent shall estimate for, and the superintendent require, of all such articles as are mentioned and contained in schedule here- unto annexed, marked A, to be is'^ued and delivered to them by the agent. Article XVI. The Confederate States will maintain one agency for the Agency for the tribes and bands now settled upon the reserves in the said leasetl country, tribes and bauds, ^nd for the said four bands and all the other bands of the Ne-um that may settle therein ; which agency shall be kept either at the present agency house or some other convenient location, at which the agent shall con- tinually reside ; and they do promise the said four bands and all the other TREATY WITH COMANCHES OF THE PRAIRIES. 357 bands of the Ne-um that may settle in reserves, that they .sh vll n^vor h-^i abandoned by the agent, and that he shall not be often nor for any long time away from his agency. Article XVil. The Confederate States will employ and pay one inter- Inter p r e t e r, preter for all the bands of the Ne-um settled upon tlie reserves; and an ''^af •'«'"•''»' **^'"iker additional blacksmith, another striker, and another wagon -maker, shall be *° ^agoa ma employed for the bands of the Neum alone, when the said four bands of the Neuin shall have come in and settle upon reserves. The inter- preter, blacksmith, striker and wagon-maker shall reside with some one of the bands. The Confederate States will also furnish, from time to time, Tools and snp- such tools and such supplies of iron, steel and wood as may be n<-eded forP''^s of iron, steel the work of the said bands; and will also furnish them with "i^'bcines ""^j^^'^"! " ^ . and medical advice, at the agency, where a physician shall be employed medical services, to reside, for their benefit exclusively. And they will also employ, for five years and as much longer as the President shall please, a farmer for each Farmer for each reserve, to instruct them in cultivating the soil, so that they may soon bereserTe. able to feed themselves ; and will erect such a number of horse-mills, to Oribt mills, grind their corn, as the superintendent shall consider to be necessary, in order to accommodate all. Aiirrci.K XVIII. The Confederate States also agree to erect such build- Ere ct i o n of ings for the mills, and the blacksmith shops, and houses for tTie farmers, ^'^'''^'"K*- interpreters and physicians as have been erected among the other Indian tribes, and also to assist the said Indians in building houses for themselves, and in digging wells for water, and opening their lands. Ainici.E XIX. The said four bands agree to remain upon their reserves. Bands agr<i» to be fum- ammunition, which he agrees never to sell or give away, and the Confede- '*^^*^*"*'''^'^*''"*"'' rate States will punish any trader or other white inan who may purchase one from them. AiiTici.E XXT. The Confederate States will invite all the other bands Promises made of the Neutn or Comanches to abandon their wandering life and settle ^y ^^e C. S. to the within the leased country aforesaid ; and do promise them, in that case, P/""*"''.^,''^'''^.?"!* ,1 . ,-' • 1 1 • , , -1 ,1 .'thisy settle within tiie same protection and care as is hereby promised to the tribes and bands the leased country now residing therein ; and that there shall be allotted to them reserves of and atone for good land, of sufficient extent, to be held and owned by them forever ; and """^^^ committed. that all the other promises made by these articles, shall be considered as made to them also, as well as to the tribes and bands now residing on reserves; and that the same presents shall be made to them, and assistance given them in all iespe;ts; and the same things, in all respects, are also hereby offered the Cai-a-was and agieed i*) be given them, if they will settle in said country, atone for the murders and robberies they have lately committed, and .show a re.solution to lead an honest life ; to which end the Confederate States send the Cai-a-was, with this talk, the wampum of peace and the bullet of war, for them to take their choice, now and for all time to come. Article XXII. The Confederate States hereby guarantee to the mem- indemnitv for bers of the aforesaid four bands full indemnity for any horses or any other horses or o th er property that may be killed or stolen from them by any citizen of the P''*'P®''^y '""'^'^ °^ Confederate States or by any other Indians : Provided, That the property,* l?roviso if stolen, cannot be recovered and restored, and that sufficient j)roof is pw) luced, to satisfy the agent that it was killed or stolen within the limits of the Confederate States. S58 TREATY WITH COMANCHES OF THE PRAIRIES. Payment to be ARTICLE XXIII. The Seminoles Laving asked the Confederate States to made to the Seici- ^ theni for certain horses stolen from them bv some of the Ne-um, two nolos for horse sr J i i • j i tt ■ i o 'i i <• •/• i stolen, accordi n " years ago, and which the bnited btates were bound to pay tor it they to the annexed could not be recovered, the Confederate States have accordingly agreed to Bbhedule. ^^ g^^ ^^ ^|jg ^j^-^g ^^f making the treaty lately with the Seminoles ; and they do hereby agree, in order that the Neum may not hereafter be troubled about the horses so taken, to pay for them the sums, and to the persons, mentioned in the schedule thereof hereunto annexed ; but as the Seminoles alleg*^ that one or more of their horses is now here, in the possession of some of the No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca or Co-cho- tih-ca band of Ne-um, it is agreed that, if it be so, such horse or liorses shall be given up, and the ])erson in possession shall be compensated for the loss of the same. To this end, the Chiefs will let the Seminoles see all their liorses; and, after this time, it is distinctly understood that no one can get any right to property by stealing it, and that no compensation will ever again be made to any one who has given up stolen property. And the Confederate States do hereby agree with the several persons from whom horses were stolen, and the heirs of such of th'^m as are deceased, and whose nanies are found in the said schedule B, hereunto 'annexed, that they will pay, immediately upon the ratification of this treaty, through the agent for the Seminoles, the amount of loss sustained by each respec- tively, according to the said schedule, except for such hor.ses as may be returned as above provided for and noted as returned on the said schedule. Settlement of Articlk XXIV. If any difficulty should hereafter arise between any of difficulties between ^}-,g g.^jj j-^^jj. \)^■^■^^\g^ or any of their members, or between any of them and count of injuries '"^"y ff the Other tHbes or bands settled on reserves, in consequence of to persona or prop the killing of any one, of the stealing or killing of horses, cattle or other *'"'y- stock, or of injury in any other way to })erson or property, the same shall be submitted to the agent of the Confederate States, who shall settle and decide the same equitably and justly, to which settlement all parties agree to subaiit, and such atonement and satisfaction shall be made as he shall direct. No private re- ARTICLE XXV. In order that the friendship which now exists between Tenge or retalia- j|^g gjjjj ggygrai tribes and bands of Indians, now or hereafter settled in for injuries. the said leased country, and the Choctaws and Chickasaws and the people of the Confederate States, may not be interrupted by the conduct of individuals, it is hereby agreed, that if any white man or any Choctaw or Chickasaw injures an Indian of any one of said tribes and bands, or if any one them injuries a white man or a Choctaw or ChickavSaw, no private revenge or retaliation shall take place, nor shall the Choctaws or Chicka- saws try tlie person who does the wrong, and punish, him in their courts, Offenders to be but he shall be tried and punished by the Confederate States; and the life by\he'c g""''"* ^ of every person belonging to said tribes and bands shall be of the same Punishment for value as the life of a white man ; and any Indian or white man who kills killing wit Lou tone of them without cause, shall be hung by the neck until he is dead. "^"^P^e d Af'^TiCLE XXVI. In case either of the bands of the Ne-um, with whom friendship between thi''' <^<3"vention is made, should not consent to come in and settle, and tbe 0. 8. and such should prefer to continue to live as they have heretofore, then there shall of the b-i'ids as ^^jj] j^^ peace and friendship between them and the people of the Confede- they have herofo- ^"'^^^ States, and the Cherokees, Miis-ko-kis, Seminoles, Choctaws and fore. Chickasaws, and all the tribes and bands settled upon reserves in the country aforesaid ; and all of the same shall travel, without injury or molestation, through the hunting grounds of the Ne-um, and shall be treated with kindness and friendship. Texan troops to Akticle XXVII. It is further hereby agreed by the Confederate States, e wit rimn. ^i^^^^ .^^ ^^^ Texan troops now within the limits of said leased country shall be withdrawn across Red river, and that no Texan troops shall here- TREATY WITH COMANCHES OF THE PRAIRIES. ' S59 after be stationed in forts or garrisons in the said countiy, er be sent into the same, except in the serrice of the Confederate States and when on the war-path against the Cai-a-was or other hostile Indians. Arucle XXVIII. It is further agreed by the chiefs and head men of Other banda of the bands of the Ne-nm who have signed this convention, that upon their I°'^»«'°'' /^ ^^ V^y return to their bands they will tske tins talk and the wampum of peace ami settle upon j-«>- from the Confederate States and from the Mus-ko-kis, Seminoles, Clioc- serveeand to loake taws and Chickasaws, to the bands of the Ne-um, and tell them what thev P*"*^*^- have seen and heard, and persuade them also, if they can, to come in anil settle upon reserves in the leased country, and at any rate to make peace by the time when the leaves fall before the next snows. Article XXIX. It is agreed by the panics, that the making of this . Tri^'uuly relft- Convention shall in no wise interrupt the friendly relations between the 5je"^^J"'^'*^®f,'^/jf* Ne-um and the people of Mexico; and that the Confederate vStates desire people r.f Mesuo that perfect, peace should exist between the Xe-um and all the Mexicans. notLjterruf.tHil 6y AuTicLE XXX. This convention shall be obli-ratorv on the bands whose *''"m-v'^'**?u- r. chiets and head men sign the same trom tiie day of its date, and on the vfiution to fco'ob- Confederate Statt^s from and after its ratification by the proper authority, liga'^o- In perpetual testimony whereof^ the said Albert Pike, as Commissioner, with plenary powers, of the Confederate States of America to the Indian nations and tribes west of Arkansas, for and on behalf of the said Confederate States, doth now hereunto set his liand and aflix the seal of his arms; and Wi-na-hi-hi or the Drinking Eagle, Chief of the No-co-ni band of the Ne-um, and the undersigned head men of the same, for and in behalf of that band ; and the same Wi-na-hi wa. Chief of the No-co-nis, by special authorization and direction of Po-ho-wi-ti-quas-so. or Iron Shirt, the Chief of the Ta-ne-i weh band of the Ne-um, who , ■ — ' — N has been present but is now absent mourninfr for a relative •] SEAL, t deceased, with Ke-e-natoh pa a head man of the Ta-ne-i-weh ' — . — ' band, for and on behalf of the same; and Te-hi-a-quah, Chief of the Ya-pa-rih-ca band of the Ne-um, with the undersigned head men of the same, for and on behalf of the Ya-rih-ca band ; and Ma-a-we, Chief of the Co-cho-tih-ca band of the Ne-um, with tlie undersigned head men of the same, for and on behalf of the Co-cho-tih-ca band, do now hereunto respectively set their hands and affix their seals. Done at the Witchita Agency aforesaid, on the twelfth day of August, in the year of our Lord, one thousand eight hundred and sixty-one. ALBERT PIKE, Commissioner of the Confederate Slates to the Indian Nations and tribes west of Arkansas. QUI-NA-HI-WI, TE-ni-A-Q,UAH, Prtnctyal Chief of the NoeoniBand. Chief of the Ya-pa-rih-ca Baud. O-TE, BIS-tE-VA-NA, Sub-Chief of the JVocoiijs. Principal Chirfo/the Vu-pa-rih-ca Bam-l. KlvPA-HE-WA, PE-HAl-E-CHI, SHh-C'iief of the Kocoin§. Chief of the Ya-pa-rihca. Band. CHO-0-SHL MA-A-WE, Retired Chief of th'- Xoconit. Principal C^hi'f nf the Co-cho-tih-ea Band. PO-ilO-W Llt-QU AS-SO, CllO-Ct )-K A , Principal Chief fif Ta-ne-i-weh Band, by Chief of the Co-rho-tih-ca Band. QUI-N A-HI-WI, TE-CO-WE-Wm-PA, Principal Chief of the Xoconi Band. Chief of the Co-cho-tih-ca Band. KE-E-NA-TOil-PA, Sub-Chief of the Te-ne-wi Bund. 360 TREATY WITH COMANCHES OF THE PRAIRIES. Siijned, sealed and copies exchanged in presence of us. CHILLV McINTOSH, israb:l g. vore. w.- warren johnson, W. L. PIKE. WNf. QUESENBURY, Secretary to the Comniiseion^ E. RECTOR, Superintendent of Indian Affairs for the Confederate Slates. M. LUPER, Agent of th'' Wichita and offi'iatcd hands of the Confedernie Sfalen. MOTY KINNATRI), Principal Chief nf the Mud kv kit. JOHN JUMPER, Ptiiicipal Chief of the Seminolea. T« the Indian names are subjoined marks. JESSE CUISHOLM, H. P. JONES, CHARLliS B. JOHNSON, J. J. STURM, WM. SHIRLEY, WM. H. FAULKNER. Schedule A. Schedule B, SCHEDULE A. Of articles of mercliandise, &c., agreed to be furnished annually, under the foregoing Convention, to the Comanchos, AVichita, Huecos, Cado, Hadachos, Anadaghcos, Tahuacaros, Kichais, Aionais, Sliawnees and Dela- wares living in reserves in the country leased from the Choctaws and Chickasaws. Blue drilling, warm coats, calico, plaid check, regatta cotton shirts, woolen shirts, beads, camp kettles, knives and forks, nails, augers, chopping axes, locks, hats, white drilling, l>ro\vn domestic, thjead, yarn and twine, ribbons, assorted colors, combs, butcher knives, large iron-spoons, hatchet* and hammers, gimlets, fish-hooks, red, '^hite and blue blankets, red and blue list cloth, shawls and handkerchiefs, shoes for men and women, tin- cups and buckets, coffee-pots and dippers, needles, scissors and shears, ammunition, including powder, lead, flints and percussion caps, tobacco. This is schedule A, of the treaty with the four bands of the Ne-um, to ^•hich it is annexed as part thereof. ALBERT PIKE, Commissioner, SCHEDULE B. 0/ the citizens of the Seminole Nation who are to he paid ■under the 2ocZ article of the foregohuj treaty for the horses stolen from them hy the Comanches and other tribes of Indians; and of the amounts to be paid for horses stolen by maraudin(j bands of the Prairie Indians, in November, 1859, and November, 1860. Names of claimants. Pas-co-fa.. Jenny. Ainount carried forward,., Number of horses stolen. Value of horses stolon. 2 at $75 each. 60 ro 60 6(» 40 Amounts to be paid. $150 150 70, $370 60 50 40 80, 230 TKEATY WITH COMANCHES OF THE PRAIRIES. 361 SCHEDULE B.— Continued. Schedule B. Names of claimants. Number of h r 8 es stolen. Value of hor ses stolen. Amounts to bo paid. Amount brought forward,.. O-i-cus Ilacho 9 1 6 2 3 1 1 2 3 2 1 2 2 «) o 2 1 6 8 1 5 3 2 2 4 1 1 2 1 at 1 " 1 1 2 " 2 " 1 1 1 1 " 1 " 1 " 2 " 2 " 2 at 1 " Mare an 1 at 1 " 2 " 1 " 1 " ^ " 1 " 1 " 1 " 1 " 40 each. 60 - 50 e;ieb. 20 «0 40 30 1 6 eaoh. CO " 60 each. CO 40 d colt. 60 40 40 40 50 40 20 30 35 40 25 20 each. 30 " 25 " 20 " 10 " 60 60 35 25 20 60 45 35 GO 50 60 30 40 ca. 35 20 45 30 $600 $65 Cho l;i Fie si-co 60, 115 50, 50 Fog Ilut-chi 75 35 80 100, 290 60 Ki-tis-ti a-ni 35, £5 100 20, 120 75 Ka-pit cha Tustinuc-ochi... 60 40, 100 30 Fic-lum-mi....; 32, 62 120 Halpa-ta Fio-si CO 75 IcO Mary ino 50 "JO 40 Ni-ha Fie-si-co 80 50 40 Nalth-ka-put Tug ti-nuk-ki.. Sa-ho-tah-ki 20 60 40, 170 90 75 20 10, 195 45 Foa-hut-chi Co-cho-Di Sup-pa-ho-bo-yi 190 Kat-cha Fic-si-co 130 Oc-tai-ah-chi 110 SO 80 Pa-ho8 Hacho 35 20, 135 45 Pa-lut-ho-ho-eyi 60 Tu8-ti-nuk Chap-co 45 30, 75 $3,487. Received of Albert Pike. Commissioner of the Confederate States to the Indian Nations west of Arkansas, the sum of forty dollars in full pay- 362 TREATY WITH COMANCHES OF THE PRAIRIES. ment of the within mentioned amount of forty dollars agreed to be paid to me. Witness : W. WARREN JOHNSON. FOS-HUT-CHI HACHO, This and the two preceding folios are Scliedule B, of the treaty with the four bands of the Ne-um, to which they are annexed as a part thereof. ALBERT PIKE, Commissioner. Dec. 21, 1861. RATIFICATION. EatificatioD by Resolved, (two thirds of the Congress concurring,) That the Congress Congress of the of tij^ Confederate States of America do advise and consent to the ratifi- oregoing trea y. gjj(.JQ„ ^^f jj-,^, articles of a Convention made by Albert Pike, Commis- sioner of the Confederate States to the Indian Nations west of Arkansas, in behalf of the Confederate States, of the one part, and the No-co-ni, Ta-nie-we, Co-cho-tih-ca and Ya-pa-rich-ca J3ands of the Ne-um or Ca- raanciies of the Prairies and Staked Plain, by their Chiefs and head men, who signed the same articles, of the other part, concluded at the Wichita Agency, near the False Washita river, in the country leased from the Choctaws and Chickasaws, on the twelfth day of August, in the year of our Lord, one thousand eight hundred and sixty-one, with the following amendments, to-wit : Ascetdments. 1st. In the last paragraph of article thwtccn .wh.are occur the words, " but this article creates no obligation to deliver up Mexicans who may be prisoners." Strike out all after the words "up" and insert in lieu thereof the following words: other prisoners than inhabitants of the Con- federate States or Territories thereof. . 2d. Strike out all of article twenty. 3d. Strike out all of article twenty-seven. TREATY WITH THE OSAGES, OCTOBER 2, 1861. ARTICLES OF A CONVENTION Entered into and concluded at Park Hill, in the Cherokee Nation, on the October 2, 1861. second day of October, in the year of our Lord, one thousand eight hundred and sixty-one, between the Confederate States of America, by Albert Pike, their Conwiissioner, with full poivcrs, appointed by the President, by virtue of an Act of the Congress in that behalf of the one part, and the Great Osage Tribe of Indians, by its Chiefs and Headmen, who have signed these articles, of the other part. Article I. The Great Osajje Tribe of Indians and all the persons The Osage under thereof, do herjbv place themselves under the laws and protection of the t^" protection of Confederate States of America, in peace and war, forever, and agree to be true and loyal to t::em under all circumstances. Article II. The Confederate States of America do hereby promise and The C. S. as- firmly engage themselves to be, during all lime, the fiiends and protectors suuio tl»o protect- of the Great Osage Tribe of Indians, and to defend and secure them in o^*^'^* the enjoyment of all their rights; and that they will not allow them henceforward to be in any wise troubled or molested by any power or people, State or person whatever. Article III. The Confederate State> of America do hereby assure and The Osages to guarantee to the Great and Little Osage Tribes of Indians the exclusive hiivo the posses- jind undisturbed possession, use and occupancy, during all time, as lonsj as ^'"° f°" "®^ ° ^ 'l'^ ^ 1 *' ' ~ ^ ~ couDtTv socurod to grass shall grow and water run, of the country heretofore secured to them them by the treatj by treaty with the Unitod States of America, and which is described in with the U. S. the treaty of the second day of June, in the year of our Lord, one thou- sand eight hundred and twenty-five, as being thus bounded, that is to say : Beginning at a point due east of White Hair's Village, £nd twenty-five Boundaries, miles west of the western boundary line of the State of Missouri, fronting on a fiorth and south line, so as to leave ten niiles north and forty miles eouth of the point of said beginning, and extending west, with the width of fifty miles, to the western boundary of the lands ceded and relinquished by said nations by that treaty, which lands shall not be sold or ceded by the said tribes, nor shall any part thereof, to any nation or people, except to the Confederate States, or to any individuals whatever; and the same shall vest in the Confederate States, iu case the said tribes become extinct or abandon the same. 364 TREATY WITH THE OSAGES. Reservation o f ARTICLE IV. Tlie right is hereby reserved to the Confederate States to lands for. Indian gg]p(.f jn any unoccupied part of said country, a tract of two sections of land, as a reserve and site for an agency for the said tribes, which shall revert to the said tribes whenever it shall cease to be occupied for an agency. Establishment of ARTICLE V. The Confederate States shall have the right to establish in forts and military ^)jg g^^j^ country such forts and military posts as they may deem necessary, and shall have the right to select for each such foi't or post a tract of land Proviso. one mile square, on which such i'ort or post shall be established: Provided, That if any person or persons have any improvements on any tract so selected, the value of such improvements shall be paid by the Government to the owner thereof. Persons not to ARTICLE VI. No person whatever, shall be permitted to settle or reside agency* re^e'r v'e^ "poi the agency reserve, when it shall have been selected, except by the nor upon any re- P^miission of the agent; nor upon any reserve for a fort or military post, serve for forts, Ac. except by the permission of the commanding officer; and every such reserve, for the agency or the forts or military posts, shall be within the sole and exclusive jurisdiction of the Confederate States. Free navigation ARTICLE VII. The Confederate States shall forever have the right of of water courses, j?,.^^ navigation of all navigable streams and water course^, within or running through the country hereby assured and guaranteed to said tribes. The Osage coun- Artk^le VIII. The Confederate States hereby guarantee that the ry not to be in- c.oi,nt,.y hereby secured to said Great and Little Osajxe Tribes shall never eluded v.'ithin the, . r i , : • . i , , ,. ^ rr. • in <• bounds of a n y '^<3 included Within the bounds ot any State or lerntory, nor shall any or State or Territory, the laws of any State or Territory ever be extended over, or put in tT)rce or to be under the ^yj^l^jf, 3^^ pj^j.f. q^' ^}jg g.^j^j country; and the President of the Confede- Prote c't i o n '"'^''^ States will cause the said tribes to be protected against all molestation ajain s t o t h e r or disturbance at the hands of any other tribe or nation of Indians, or of tribes or pcrions. any other person whatever; and he shall have the s'.me care and superin- tendence over them as was heretofore had by the President of the United States. Iluntlng and ARTICLE IX. The members of the said Great and Little Osage Tribes of -1 hng of game. lujj.u^g shall have the right, henceforward, of hunting and killing game, in all the unoccupied country west of the possessions of the Cherokees, Seminoles, Choctaws and Chickasaws, without molestation from any quarter, being, while so engaged therein, under the protection of the Con- federate States. Perpetual peace Article X. There shall be perpetual peace and brotherhood between between the ^^^ Great and Little Osage Tribes of Indians, and the Cherolj;ees, Musko- Osages and other kies, Seminoles, Choctaws and Chickasaws, and the bands of Wichitas, ''■''^^''- Cado Iladachos, Huecos, Tawacaros, Anadaghcos, Toncawes, Kichais, Aionais, Shawnees and Delawares, living in the country leased from the Choctaws and Chickasaws, and the Peneteghca, Noconi, Taneiwe, Yapa- Injunes, Ac, to i-ii^.^ and Cochotihca bands of the Neum or Comanches; and every injury forgotten ^° ^ ° *^'' ^^'^ ^^ hostility which either has heretofore sustained or met with at the hands of the other, shall be forgiven and forgotten. The Osages and ARTICLE XI. The Great and Little Osage Tribes of Indians, and the said goml" nef hbors to ^^^^'"''^^ °*''*^'' "^t''^"''' ^'^^es and bands shall henceforth be good neighbors eacli other. to each other, and there shall be a free and friendly intercoui-se among them. And it is hereby agreed by the said Great Osage Tribe, as has already been agreed by all the others except the Little Osage Tribe, that Right of prop- \\^q hoi'ses, cattle and other stock and property of each nation, tribe or tle^nd st*ock^' '^^ 'band, and of every person of each, is his or its own; and that no person belonging to the Great Osage Tribe shall, or will hereafter, kill, take away or injure any such property of another tribe or band, or of any member of any other tribe or band, or in any other way do them any harm. Perpetual peace Article XII. Especially there shall be perpetual peace and friendship TREATY WITH THE OSAGES. 365 between said Gre^it Osage Tribe and tbe Chcrokees, Mus-ko-kies, Seminoles, and fric n >] s h i p Cliortaws and Cbirisasaw.s, and tbe Cbiefs and beadmen of tbe said Great '"'''' "jf^''7°^.^®« _,.,,,,,,,.',. , , and other Indian Usage Inoe shall do all iii tbeir power to take and restore an\' negroes, nytions. borses or other property stolen from white men, or from persons belonging I'eturn of s'olcn to eitlier of said five nations, and to catcb and give up any pei*soa among P''**!'"^'"'^"" them, who may kill or steal, or do any other evil act. Article XIII. In order that the friendship now establisbed between tlie No private re- said (ireat Osage Tribe of Indians and tlie Confederate h'tates and llie ^.^"^e or retalu- otber Indian nations, tribes and bands aforesaid, may not be interrupted f,,^ injuries done lo by tlie misconduct of individual*, or bands of individuals, it is hereby the Osages. agreed that for injuries done by individuals, no private revenge or retalia- tion siiall take place, but instead thereof, romplaint shall be made by the Modo of redress, vsaid (ireat Osage Tribe of Intiians, when any individual thereof is injured, to the agent of tlie Confederate States for the Osages and olher tribes, who shall investigate tbe complaint, and, if he fimls it well-founded, shall report the same to the Superintendent, who will cause the wrong to be redressed, and the person or persons doing the wrong to be arrested, wliether he be a white man or an Iniiian ; and he or they shall be tried for tlie same Trial and pun- agreeably to the laws of the Confederate States or of the State or Terii >^l'>nent of wrong tory against which he may have offended, and be punished in the same manner and with the same severity as if the inj iry had been done to a white man. And it is abo agreed, that if any member of the fJreat Osage lU-dress for in- tribe shall do any injury to the person or property of any white man or of J"'''*-"*' ''""® ^i' '^•<' a member of atiy other Indian nation or tiil.>o under the piotection of the '"^^ Confederate St 'tes, the otFoiiiler shall be given up to the agent, upon com- )>laint niatle to hini and on his demand, the wrong shall be redressed by iiim. and the offeniler be tried for tlie otl'eiice agreeably to the laws of the Confederate States, or of the State, Territory or nation against which lie juav have oftended : Provided, That he shall be punished in no other prov-go manner nor with any greater, severity llian a citizen of tlie Coiifede;ate States, or of sucth State, Torritoiy or nation would be, if he had committed the same offence. Akticle XIV. It is liereby further agreed that tlie Chiefs of the Great Hr,r?es or .>ther Osage tribe shall use every exertion in their power to iccov«r any horses or ["""I *^'"'y ^'o'l^n «" other {iropcrty that may be stol.en from any citizen of the Confederate States J^n^r or from any member of any other Indian tribe under the protection of the Confederate States by any peison or perilous whatever, and found within the limits of their countiy ; and the property so recovered shall be f.'itli- with delivered to the owner or to the agent to be restored to him. If in Prof eeJin^ any case the riiifht to the property claimed is contested bv the peison in ^l^''""*-' ""'K'hf »" possession, the agent shall summarily investigate the case, and upon hear- ,j.^n;,j_ ingthe testimony of witnesses, shall decide the right to the properly, and (Mjder it !o be retained or delivered up accordingly. Either party may Appeal. appeal from his decision to the superintendent, whose decision shall be dual in all eases, the property, in the meantime, remaining in the c.us;ody of the agpnt. If in anv case the exertions of the Chiefs to cause the les- toraticiii of stolen property prove ineffectual, and the agent is satisfied fioin the testimony that it was actually stolen, or received with knowledge of its beiuff stolen, bv any person belono-iuc: to the (Jreat Osasfe tribe, he shall »Vh(-nre9tiruii<->n '^ , ., " .• ' , . , » * f 1 . • 1-1111 cannot be made so report, to tlie su[)erintendent, With a co]>y ot the testimony ; wliicli siiall ijj^ value of the for tli.it purpose be always ixmIucc I to writing; and the superintendent shall, property stolen to if satisfied from the testimony, deduct from the annuity of the tribe a sum '^,'' '''-'''"''■ted from 1 . .1 I f .1 I 4 1 t^o aniiuitv of the equal to tlie value of the property stolen. jj.j,j,. AinicLE XV^. The Confederate States hereby guarantee full and fair pay- When the value ment to iho owner, of the actual and full value of all horses and other ^f the property properly stolen from any person or persons belonging to the Great Osage bv ti,"^^' S to^th tribe, by any citizen of the Confederate States, or by any Indian of any owner. 386 *• TREATY WITH THE OSAGES. other DMtion or tribe under tlielr protection, in case the same cannot be recovered and restored, and upon sufficient proof being made before tlie superintendent or anj' agent of the Confederate States for any of such nations or tribes, tliat such property was actually stolen by a citizen, or citizens of the Confederate States, or by an Indian or Indians of any nation or tribe under their protection. Agent andlDtcr- ARTICLE XVI. An agent for the Great and Little Osage tribes, the pretcr. Quanaws, Senecas and Senecas and Shawnees shall be appointed by tho President, and an interpreter for the Groat and Little tribes of Osages, for their protection and that their complaints may be lieard by, and their Where t* reside, wants made known to the President. The agent shall reside continually in the country of one or the other of said tribes or bands, and the inter- Not to be absent preter shall reside among either the Great or Little Osages; and neither without leave. ^f ^jig,,^ ^}y^]\ ^y^j. \,q absent from their nosts, except by the permission of the superintendent. No war to he Articlk XVIL None of the braves of the Great Osage tribe shall go waged or councils ^^^q^ i]^q war-path, against any enemy whatever, except with the consent jhe'^cons^euToAhe^^f tl^*i 'igeut, or unless it be 'to pursue hostile bands of white men or i.gent. Indians entering their country and, coniTviitting murder, robbery, or other outrage wh.en imtnediate ]>ursuit is necessary; nor shall hold any talks or councils with any white men or Indians williout his knowledge and con- sent. And they es| ecially agree to attend no councils or talks in the country of any people, or Mith the officers or agents of any people, with whom the Confederate States are at war; and in ca«e they do so, all the benefits secured to them l>y this treaty shall immediately and forever cease. Who may live Article XVITI. The Confederate States will not pcrn)it any improper in the Osage persons to reside or be in the Great or Little Osage country, but only such country. persons as aie employed by them, their officei-s or agents, and traders hcensed by them, who shall sell to the Osages and buy from them, at fair prices, under such regulations as the President shall make from time to time. The stealing of Article XIX. To steal a horse or any other article of property from a ^^T^^^JJ^F^i"^'^^ "^'^'^^^ '"'"^ ^"^ '^" Indian not at war vvith tlie Confederate States, shall " " ' - always be regarded as disgraceful, an*} the I'hiefs of the Osages will dis- countenance and prevent it by every means in their power. For if ihey should not there never could be any permanent peace. The C. S. w'.sh ARTICLE XX. The Confederate States wish the Osages to settle upon the Osig'is to set-^^j cultivate their land, build houses and dig wells, and by industry tie upon th/eii ,,,, , , ,• i, j lunds, bu i 1 dbecome enabled to support themselves; and m order to encourage ana houses, y membfrof Great or Little Osage tribe shall be indicted for any offence in any court '^"^ ^^''^^ tribe m- of the Confederate States, or in a St;ite court, he shall be entitled a.s of^t *ijj, c. B. or common right to subpoena, and if necessary to compulsnrj' process fur r>t>itc iirt eutl- all such witnesses in his behalf as his couIl^el xnny think material |or ^''"^ ^^ P*"*^'*-"* '" his defence ; and the costs of process i'or such witnesses, and of the ser- ^o-ts of pr>rcs» vice thereof, and Ices and mileage of such witnesses shall be paid by thesr,.! lets mui miie- Oun federate States; and whenever the accused is not able to einpluy "X- "' wiuitf.-t*. counsel, the court shall assign him one experienced counsel fur bis ^^'ii"" a.!cusoii'^i' pensation for his services, to be fixed by the court aud paid upun tho ccrtifieote ol' the judgtf. Akticle XXXVTl. It is hereby declared and agreed that the insti- Exifting Ihws, tution of slavery in the said Great and Little O-Juge tribes is legil, and ^^,'^^^^^,^ u-<^arfi^t.o has existed from time immemorial ; that slaves are persona! property ; si.ivery, ueciartxl that the title to slaves and other property having it-a origin in the said l^'"»l»"iJ- tribes is to be determined by the laws and custoni.s thereof ; and that the ehives and personal property of every person domiciled in the country of the said tribes, shall pass and be distributed at his or her death, in accordance with the laws, usages and customs of the said tribes, which may be proved by oral evidence, and shall everywhere be held valid and binding within the scope of their openitions. Aud if any slaves escape L.iwa of the C. from any of said tribes, the laws of the Confederate States i'or the ■'?• '""^ 'j'o enpturo capture and delivery of fuiz;itive slaves shall apply lo such cases, whether *'"'. ' "^ '^■"'■^' "' '"" they escape into a State or lerritory or into any Indian natum or piy. tribe under the protection of the Con tederate States; the obligation upon each such State, Territory, nation or tribe to deliver wp the same, being in every case as complete as if they had escap-ed from a State, and the mode of procedure the same. Article XXXVIII. The Great Osage Tribe of Indians hereby makes ThortrentOan^ itself a party to the existing war between the Coni'xjderate States and the '^''••'^" ™u'<"^ itseJf United States of America, as the ally and ward of th^ former;' and, in f.''*'^'^'/" l^'' **i consideration 01 the prot-ectiou guaranteed by this treaty, and ot their a.;;ree9 i<> furni-h common interests hereby agrees to raise and furnish, whenever they "^-"'^'■'•'"«**^''*''^> shall be called on, a force of live hundred men i'or the service of the Confederate States, or any less number, who shall reo^^ive the same pay P^y and a)k-»- and allowances as other troops of the siime class in that service, and a»c.;^ oi' the mon. remain in the service as long as the President shall require; and, also, llow lonj; to to furnish any number of young m«n for scouts and runners, re'|nired by "erve. any general or other commanding officer of the Confederate States in q^^^^' ^ "" '""' the Indian country, who shall receive such compensation as such officer v-omp-nsation. shall fix. Article XXXIX. In consideration of the loyalty of the Great 24 STd TREATY AYITH THE OSAGES. .Ti! children, in such manner as the President might deem ailvisable for the . attainment of that end ; that fifty-four sections of land wei'e accordingly , Proc.>c-{i*v laws of the United States or of the Confederate States, committed deebrcu. before the signing of this treaty, by any member of the (Jreat Osage Tribe, as such membership is defined by this treaty, is hereby declared ; and all such persons, if any, charged with any such oflFence, shall receive from the President full and free pardon, and if imprisoned, or held to bail, before or after conviction, shall be discharged. Article XLIY. The Confederate States of America hereby tender The C^ (?.. tender to the Little Osage Tribe the same protection and guarantees as are '" *^o ''ittlo Oeajje hejreby. extended and given to the Great Osage Tribe, and the other '^'"^' .l^" ^^""^ 1_ £ n- 11 -^ 11 1 1 • 1 ■ r< 1 • I 1 • 1 protect! .1 n d benefits otiered them speciueally by this treaty ; and if the .said Little ^ruaranteoi as are Osage Tribe shall give no aid to the enemies of the Coufederate States, ox te r. d od and and shall, within one year from the day of the signing of this treaty, ^"'^°^!|''' ^'■**' enter into a convention whereby they shall unite in this treaty, and "' ' accept and agree to all the terms and conditions of the same, then it JIow tha Littl.i shall, to all intents and purposes, bo regarded as having been made with^'"^-*' '^''^ mfty them originally, and they be deemed'and taken to be parties thereto, :is thLa"Soa'tyf '^'^'^ ^^ if they were now to sign the same. Article XLV. This convention shall be obligatory on the Great When ihi«trci«T Osage Tribe of Indians from the day of it,s date, and on the Confederate to uke efl'eot. States from and after it« ratification by the Senate or provisional Ck)ugress. 7«.^;cr/>c^wtry ^'5/i'w(>H(/ jt'/itTw/", the said Albert l*ike, as Commi-sisioner, with plenary powers, on the part of the Confederate ,'-^->— ->«, States, doth now hereunto set his hand and affix the seal •< SeA-L. y of his arms; and, the undersigncd,|Chiefs and hwidincu '■ ^— -r^— ^ •' of the Great Osage Tribe of Indians, do hereunto sit their hands and affix their senls. 372 TREATY WITH THE OSAGES. Thus done in duplicate, at the place and upon the day, in the month and year first aforesaid. ALBERT PIKE, Commissioner of the Confederate States to the Indian Nations locst of Arkansas. KA-HI-KE-TUNG-KA. Chief • f Clermont Bund Great tisagcs. PA-lliU-SKA, Chief of White H iir» Band. CHI-SHO-lHIi\(J-KA. Chief of Bii(j'e Bund SHA-PE-SIIING-Ka orPEAVER, Second Chief of White Hair's Bund. WA.^H-KA CUE, Second Chief of Clermont's Band. TA-WAN-CHE-IIE, .r TALL CHIEF, Second thief of Big Bill Band. ■WA-HO PEK-EH, Second Chief of Block Dog's Band. ■WA-TA-EN-KA, or DKY FEATUER, CiiuiiciUor uf ClermonC « Band, KAN SE-KA-ilKI, Couiic llor of Bit/ fliU Band. KA HIKE WA TA-EN KA, Ka HI-KE -HING-KA. CllI-SHO-WATAK^G-KA, E E SHI KA-HKI, 8R0-MEH-KA.--SI. KI IH-KA kl-PA-NA, SA-PEH KU-YEH, WA-A-HAN IIA, HA-KA-SHE, W -NO- PAH-SHE, SHINH1NG-KA, MI1NK-SHE?-KA, TU-TA NA-t^HE, KA WA KA-Hll Kf, iSlU KA KE-yHlNU KA, GKSiSO « HOUTAU, AUGUtflU* C PI'AIN, LOUIS J. CHOUTEAU. WA-CHE-WA-HE, Signed, sealed and delivered in presence of us. WM. QUESENBURY, Secretary to the tvmmiiii,4>itcr. E. RECTOR, Superiutendcnt of Indian Affair*. < ofedtrate States. ANDREW J. LORN, Agent for Osag»ft ond other tribc*^ Con/ederoie States. L0U18 P. CHOUTEAU, Confcdeiatc Stales JyUeipmter /or- Osiiges. JOHN DREW, GEORGE M. MURRELL, J. W. WASHBOURNE, W. WARREN JOHNSON, To the Indian names are subjoined marks. Dee. H, IML RATIFICATION. Ratificaf^on by Resolved, (two-thirds of the Coagrees concurring,) That the Corgrees Con^Teee of t h e ,f ^.jjg Confederate States of America do advise and consent to tlie lati- S' tif 0*rtU ication of the articles of a convention made by Albert Pike, Ctmmk- Osftg« Tribe. sioner of the Confederate States to the Indian cations west of Aikai^ae, in behalf of the Confederate States, of the one part, and the Great TREATY WITH THE OSAGES. £73 Osage Tribe of Indians, by its Chiefs and headmen, who signed the game article.-?, of the other part, concluded at Park Hill, in the Cherokee Nation, on the second day of October, in the year of our Lord, one thousand eight hundred and sixty-one, with the following aniiudmea:, : AMENDMENT. In article thirty-six, at the end of the words "or in a Ptite Court," Ameadoi&at, insert the fallowing words : " Subject to the laws of the Stute.' •V VV -iv- TREATY WITH THE SENEGAS AND SENEGAS AND SHAWNEES. OCTOBER 4th, 18C1. ARTICLES OF A CONVENTION iMfered into and concluded at Park Hill, in the Clicrohee Nation, on (lie ot. 4, 1861. fourth day of October, in the year of our Lord, one thoumnd eight hundred and sixty-one, hctv:cen the Confederate States of America, hy Albert Pike, their Commissioner, with full j^oicers, ajypointed by the President, by virtue of an act of Congress in that behalf, and the Seneca, tribe of Indians, formerly Jcnown as the Senecas of San- dusky, and the Shawnees of the tribe or confederacy of Senecas and Shawnecs, formerly known as the Senecas and Shawnees of Lewis- toioH, or the mixed bands of Senecas and Shawnees, each tribe for itself, by its Chiefs and warriors, who have signed these articles, of the other part. ^^Tbe Seneca* and ARTICLE I. The Seneca tribe of Indians, formerly known as the the proteoUon "of ^^'^^^''^'^ **^ Sandusky, and the Shawnees of the tribe or confederacy of the C. S. Senecas and Shawnees, formerly known as the Senecas and Shawnees of Lewistown, or the mixed bands of Senecas and Shawnees and all the persons of each, do hereby place themselves under the laws and protec- tion of the Confederate States of America, in peace and war forever, and agree to be true and loyal to them under all circumstances. The C. S. aseumo ARTICLE II. The Confederate States of America do hereby promise the protectorate, and firmly engage themselves to bo, during all time, the friends and pro- tectors of the Seneca tribe of Indians, formerly known as the Senecas of Sandusky, and the Shawnees of the tribe or confederacy of Senecaa and Shawnees, formerly known as the Senecas and Shawnees of Lewisr town or the mixed bands of Senecas and Shawnees, and to secure and defend them in the enjoyment of all their rights, possessions and prop- erty; and that they will not allow them henceforward to be in any wise troubled or molested by any power or people, State or person whatever. Gsaranteetotho ARTICLE III. The Confederate States of America do hereby assure tribes of the «oan- and guarantee to the Seueca tribe aforesaid, and to the Senecas and trysecuredtothcm rj, => ^ , , .i o i ou i" t • ^ by treaties ^ i t h '^'^'''^'^^'^•'^> lormerly known as the oenecas and fehawnees or J^ewistown and patents fr»m or the mixed bands of Senecas and Shawnees, in case the Senecas the 1). S. thereof should hereafter unite in this treaty, by a convention for that purpose made and concluded, or to the Shawnees thereof aforesaid alone, in case the said Senecas thereof should refuse so to unite herein, to each tribe or band respectively, the title in fee simple, as long as each, res- TREATY WITH THE SENEGAS AND SHAWNEE S. JJ75 pectively, shall exist as a nation and remain thereon, and the exclusive possession and undisturbed use, occupancy and enjoyuient, as long a. grass shal ^row and water run, of the country heretnrore secured to each respectively by treaties with, and patents from, the United States of Aiaonca; and which countries are thus described and ascertained, that By the treaty with the Seneoas of Sandusky made and concluded on the twenty-eighth day of February, A. D., one thousand eid.t hundred aprt thnt.y-one, a country was ceded and grante.i to that tribe, therein ^escribed as " a tract of land situate on and adjacent to the northern boundary of the lands heretofore granted to the ("ihorokee Nation of In- dians, and aciioiuu.g the boundary of the State of Missouri, which trac^. ttiall extend faheeii miles from east to west, and seven miles from north to south containing about sixty-seven thousand acres, be the same move or less. % the treaty made and concluded with the mixed bands of Senee ; and Shawnee I.Kl.ans residing at and around Lewistown, on the twe.. • tjeth day oi .July, .n the same year, a country was ceded and trranted to these bands therein describe.! .-is -a tract of land to contain sixty thou-. Hand acres, to he located undrr the direction of the President of the United States, contigu.ms to the lands granted to the Senecas of San ;1^-; ^■^t^!'^'i^^f" ''''''^' ^'^"'" ''^ ^'^« ''^y "^ Wasir.ngton. on the twenty-eighth of hobruary, eighteen hundred and thirty-one, and the Cherokee settlements; the east line of said tract sh-.ll bo Senecas ot Sandusky, and the south line shall be within two miles of the north line of the lands held bv the Cherokees •" and by the treaty made and concluded on the twonlV-nintl, d ,y of December AD one thousand eight hundred and thi.-ty-two, with the united na. on or tribe of Senecas and Sbaw«ees, by whi'>h that united tribe ceded, rel.nrjuished and quit— claimed to the [T„itod States all thei- lands west of the Neosho or (^aud river, the T^-itcMf States a-reed' to grant, by patent ,u the manner thereinafter mentioned, the'country ! therein described as follows, that is to say : " The following tract of land lying on the east side of Neosho or (Irand river, viz : Bounded on the east by the west hue of the State of Missouri ; south by the present established line of the Cherokee Indians; w'est by Neosho or '^^ J rand rivei ; and north by a hne running parallel with said south line, and extending so far from the present north line of the Seneca Indians from Sandusky, as to contain sixty thousand acres, exclusive of the land now owned by said Seneca Indians, (which sai.l b.mndaries include, however all the land heretob,re granted said Senecas of Sandusky, on the easi res, tbe I n, ed States thcr. by agree.! to grant, by two letters patenf; then.3rthhaH,,n.,uant.ty,to(hemixedbands.,fthe\SenecasandShawnee3 l.l!r\r . ^f ^7-^^f ^"' =^'"' t'^e •^'^"th half to the Senecas from San- dusky the whole to be occupied, in comm.,n, so long as the said tribes or bands sh.>uld desire the same, and the grant to b^ in foe simple, but the lands m,t to he sohj or coded without the consent of the Ih-itetl States ; which lams shal not be so!d or ceded by the said tribes or band?, r ^o«its. j^^ j-j^g g.^jj country such forts and military po.st3 as they may deem ne- cessary, and shall have the right to select for each such fort or post a Proviso. tract of land one mile square, on which such fort or post shall be estab- lished : Frovideil, That if any person have any improvements on any tract so selected, the value of such improvements shall be paid by the Government to the owner thereof. K'> ejuleui'jnt ARTICLE VII. JSo person whatever shall be permitted to settle or l>eiiMi(;ed upon lie pgj.jj^jg ^p,)jj \\^q a";ency reserve, when it shall have been selected, except aiicucv i-tiievvB t r , , ' . . ^ .. v ,- .> ■^■ tva reserve ftir '•>' tlie pern)issio7i (.)i the agent, nor upon any reserve tor a tort or niuitary furia, &3. post, e.xcept h\ tiie permission of the connnanding othcer; and every such reserve, for the agency, or for forts or military posts, shall be within the sole and exclusive juiisdiction of the Confederate States. Tlic country cf Akticle VIII. The ("onfedeiate States hereby guarantee that the the tribes u(>t;<> bo (.Qijntry hereby secured to the said Senecas and Senecas and Sliawnees »i.^ sr, ".?,.?>, ,•■.,„,■ shall never be inclnded within the bounds of any State or Territory, nor be tjiiiAei- the put jji foive within any part of the said country; and the President of the 5 >-"reoi. ^ Cont'eder.'ite States will cau.-Je the said tribes to be protected against all ttffai\^3^jthert'ibe»'^^'*''^*^^''*^'*^^*" *^' *^''''''"'^^'''^*^ '^^ ^''^ ''**" other tribe or nation of tT persja*. Indians, or of any other person or persons whatever; and he shall have the same care and superintendence over them jvs was heretofore had by the President of the United States. '■fmotirig ftr. d AuiicLE IX The nieuibers of the said Seneca tribe and the said Seneca •--'& ya'i- • j^j^jj Shawnee mixed bamls shall h.ive the right, herscetbrward, of hunting and killing game, in all the unoccupied country west of the. possessions of the Cherokees, Seminoles, Choctaws and Chickasaws, without molestation from any quarter, being while so engaged therein under the protection of the Confederate States. rorp^t:ml p(?:k;o AisTiCLE X. There shrdl be perpetual peace and brotheiliood between and t>roth(.rln><>'i the Seneca tribe and the Shawnees aforesaid, and the Osages, Chei-okees, p^g^'*?" g^I^^^^g Mtiskokis, Seminoles, Chocdaws and Chickasaws and the bands of the wad. other uWm. VVichitas, Cado lIadac;hos, lluecos, Ta-na-ca-ros, Ana-dagh-cos, Ton-ca-wes, Ki-chais, Ai-n-iis, Shawnees and Delawares living in the country leased from the Choctaws and Chickasaws, and the Pen-e-tegh-ca, No-co-ni, Fa- TREATY WITH THE SENEGAS AND SHAWNEE3. 377 nei-we, Ya-parili-cft and f'o-cho-tili-ca bands of the. Xc-inn or Comanchea ; and fvcrv iniiirv or act of liostililv whidi eitlier lias iioivtofoie sii-^tainei.) Injuries, Ac, to or met with at tlie hands of the oilier, shall be forij^uen and toro;otten. f,„.r„:iou. AnTiCLK Xf. The Seneca tribe and the Sliawnces aforesaid, and the said f he Sonecas and several other nations tribes and bands shall henceforth be good neighbors Shawneosand oih- to each other, and there shall be a fr-e and frinidly interconi-se :i'iiong^/J^'^';''J/^ ^^K^°J them. And it is hereby agreed by the said Seneca tribe and the said oihur. Shawneos, as lias already ln-en agreed by all the others, that the liorses, Rj^ht <>f prop- <-attle and other stocdc and pioiK'rty of each nation, tribe or band, and eny in horses, cat- everv person of each, is his or its own ; and that no person belonging to*"*' '*"'• the i»enec,a8 or Shawnees aforesaid, Jiall or will hereafter kill, take away or injure any sni''>l>!iws, ^.^j^ ^^^^ o.^.u-es Cherokoes, Miiskokis, Seminoles, (Jhoctaws an ^it°f'',„**bo'^'t*l^*a Tialions, tribes and bands aforesaid, may not be interrupted by the miseon- f^r i„juriej|, duct of individuals, or bands of individuals, it is hereby agreed that for injuries done bv individuals no private revenge or letalia- tion shall take place, but instead tlieieof complaint shall be made by tho Mode of redress, said Seneca tiilte and Shawnees when any individual thereof is injured, to the agent of the Confeilerate States for the < >R;iges and other tril)es, who shall investigate ihc complaint, and if he finds it well founded shall report the same to the superintendent, wlio will cause the wrong to be redressed, and the person doino- the wroiio; to be arretted, whether he be a white man II- 1 i' .1 'i II I . • I i- .1 1 I » *i , Trial and pun- or an Imliau ; and he or they shall be tnel tor the same agieeal)!y to the joj^^y^,^ ^f wrong laws of the Confederate States or of the S'ate or Territory against whi(di d„cr. he may have otfendeil, an. I be punished in the same manner and with the same severity, as if the injury had been done to a white man. An.l it '^ :^,r^!;\[''n^. l!v the also agreed that if any member of the Seneca tril>e or any oni! «f the geneiasanJ Shaw- Shawnees shall erty so recovered shall be fi>rthwith delivered to the owner or to the agent to bo restored to him. If in any ease the right to the property claimed is Proceeding where contested by the oerson in i>o h^> pre- persons, calling, if necessary, ujton the military power for aid ; and the ^*'"'*'^' commanders of military posts in that or the adjoining coutitry shall bo required to atlord him such aid upon his re(]uisition. AilTiCLE XXIV. No citizen or inhabitant of" the (Confederate States "VTii> not to pap- er lueuiber of any friendly nation or tribe of Indians shall pasture stock Jure st-iok on their on the lands of the Senecas or Senecas and Shawuees, but all such ''°' ' • .^ to persons shall have full liberty, at all times, and whether for business or ,y.,^.gl in their pleasure, peaceably to travel in their country, on the roads or elsewhere, country, and drive to drive their stock through tlie same and to halt such reason:ible time ^''^^<^'^ tlirungh the on the way as may be necessary to recruit their stock, such delay being '" ' " in good faith for that purpose and I'or no other. Article XXV. Any person duly charged with a criminal offence Surrender of against tlit laws of the Confederate States, or of any State or Territory, ["j^"'^*"* j-om jns- or of any Indian nation or tribe, under the protection of the Confederate States, escaping into the Seneca or Seneca and Shawnee country, shall be promptly tjiken and delivered up by the Chiefs of the Senecas or Senecas and Shawnces, on the demand of the proper authority of the Confederate States, or of the State, Territory, nation or tribe within whose jurisdiction the offence shall be alleged to have been committed. Article XXVI. In addition to the laws of the Confederate States, Laws deolared expressly applying to the Indian country, so much of their laws as '" ^'® ^'^ *'^'"'^- provides for the punishment of crimes amounting to felony at conmion law, or by statute against their law^, authority or treaties, and over which the courts of the Confederate States have jurisdiction, including the counterfeiting the coin of the United States or of the Confederate States, or any other current coin, or the securities of the Confederate States, or the uttering of such counterfeit coin or securities; and so much of said laws as provides for punishing violations of the neutrality law, and resistance to the process of the Confederate States ; and all the acts of the provisional Congress providing for the common defence and welfi#e, .so far as the same are not locally inapplicable ; and (he laws providing for the capture and delivery of fugitive slaves, shall be in 380 TREATY WITH THE SENEGAS AND SHAWNEES. Jurisdiction o f force ill the Seneoa and the Seneca and Shawnee coun'ry; and the district court for ^j J ^^,.i^,t court ibr the Chalahki District, when established, sliall have tne Chalahki dis- , • ■ • i- .• ^ . i i • i a- i • . tj-ict, exclusive jurisuictiou to try, condemn and jumisn oiicnders against those laws, to adjudge and pronounce sentence, and cause execution thereof to be done. Any Seneca or Ar'.TifLE XXYII. Whenever any person, who is a member of the Shawnee in(]icte J g^upc-i qj. fSeneca and Shawnee tribe, shall be indicted for any offence in in any court i.f the . i. ,1 /■( i- -i . c. , • c. ^ ^ 1' i n i. C S entitle.i to '^"J ^""''*' "'* *-"^ Lonlcderate States, or m a State court, he snail be process for w i t - entitled, as of common right, to subpoena, and, if necessary, to compul- iiesaes. gory process foi all such witnesses in his behalf as his counsel may think and"fee^?°ancl'^aii^e^^"''^^^^''' ^^^ ^^^^ dei'ence ; and the costs of process for such witnesses age of witnesses. a»d of the service thereof, and lees and mileage of such witnesses shall When aecu.^-ed be paid by the Coniederate States; and whenever the accused is not couns 1* ''^^'°°*' able to eiuploy counsel, the court shall assign him one experienced counsel for his defence, who shall be paid, by the Confederate States, a reasonable compensation ibr his services, to be fixed by the court and paid uj on the certificate of the judge. Existing laws ARTICLE XXA^III. It is hereby declared and agreed that the institu- nsftges and cus- tion of slavery in the said Seneca and Seneca and Shawnee Tribes is toms in regard to i^^p-al, and has existed from tinje immemorial ; that slaves are personal slavery declared , ii j. ^i i-*i ^ 1 1 »i, ^ 1 • -^ • • • binding;. property; that the title to slaves and other property having its origin in either of the said tribes is to be determined by the laws and customs thereof; and that the slaves and personal property of every person domiciled in the country of either of the said tribes shall pass and he dis- tributed at his or her death, in accordance with the laws, usages and customs of the said tribes, which may be proved by oral evidence, and shall everywhere be held valid and binding within the scope of their opera- tions. And if any slaves escape from either of the said tribes, the laws of the Confederate States for the capture and delivery of fugitive slaves shall apply to such cases, whether they csca])e into a State or Territory, or into any Indian nation or tribe under the protection of the Confede- rate States ; the obligation upon eacli such State, Territory, nation or tribe to deliver up the same being, in ever}' case, as complete as if they had escaped from a State, and the mode of procedure the same. The tribe.' made ARTICLE XXIX. The Scneca Tribe and the Shawnees of the Seneca apiirty to the ix-.md Shawnee Tribe, hereby make themselves parties to the existing Avar a'-ree to^'^'furu'ish between the Confederate States and the United States of America, as aid. the' allies and wards of the former; and, in consideration of the pro- tection guaranteed by this treaty, and of their common interests, hereby agree to aid in defending their country against any invasion thereof by Pay of the war- the common enemy; and it is agreed that all warriors furnished by them r'iOTB. for the service of the Confederate States, and which shall be mustered into that service, shall receive the same pay and allowances as other How loEg t o troops of the same cla.ss therein, and remain in the service as long as the set-fe. President shall require. Debts due by the ARTICLE XXX. It is further agreed and ascertained, by and between U. S. to tha Seneca ^]jg Confederate States and the said Seneca Tribe of Indians, formerly known as the Senccas of Sandusky, that the Uuited States of America were, while the several States of the Confederacy were members of the same, and still remain indebted to the .said Seneca Tribe, and had and still have in their hands moneys in trust for the said tribes, as follows^ that is to say: By the fourth article of the treaty made with the Wyandot, Seneca and other tribes of Indians, on the twenty-ninth day of September, A. D., one thousand eight hundred and seventeen, the United. States agreed and bound themselves to pay annually, forever, to the Seneca triffe, the sum of five hundred dollars, in specie, at Lower Sandusky; TREATY WITH THE SENEGAS AND SHA^.VNEES. S8I By the fourth article of the treaty made the seventeonth day of September. A. D., one thousand ei'iJiht hundred and eighteen, with the Wyandot, .Seneca, Shawnee and Ottawa tribes of Indians, the United States agreed and bound themselves to pay, to the Senecas of Sandusky, an additional annuity of five hundred dollars forever ; By the eighth article of the treaty with the Seneca Tribe of Sandusky, made on the twenty- eighth day of February, A. P., one thousand eight hundred and thirty-one, the United States agreed to sell the land thereby ceded to them by the said tribe, by that treaty; and it was that, after certain deductions therefrom to be made, as therein specified, any balance that might remain, «f the proceeds of sale of such lands, should constitute a fund for the future exigencies of the tribe, on which the United States would pay to the Chiefs of the tribe, for the use and general benefit of the tribe, annually, five per centum as annuity; which sales being accordingly effected, the fund thus created amounted to five thousand dollars, which was invested by the United States, and yet remains invested, in five per cent, stock of the State of Kentucky, now held by the United States; It is lurther hereby agreed and ascertained, by and between the Con- Dibtadueby tho federate Stiites and the Shawnees, of the said Senccas and Shawuees of^ ^- lo'liemixtd Lewistown, that the United States of An)ericn were, while the several j^^^j jj^j^^.^^.^^ States of the Confederacy were members of the same, and still remain, indebted to the mixed bands of Senecas and Shawnees, and had and still have in their hands moneys in trust for the said tiibe, as follows, that is to say : By the fourth article of the trcnty, made with tho Wyandot, Seneca, Shawnee and Ottawa tribes, on the seventeenth day of Seftteniber, A. I)., one thousand eight hundred and eighteen, the United States agreed and bound themselves to pay, " to the Shawnees and to the Senecas of liCwistowa," an additional annuity of one thousand dollars forever; By the eighth article of the treaty made with the mixed band of Seneca and Shawnee Indians, residing at and around Lewistown in the State of Ohio, on the twentieth day of July, A. I)., one thousand eight hundred and thirty-one, the United States agreed to sell the lands ceded to them, by the Senecas and Shawnees, by that treaty; and it was klso agreed that, al'tcr certain deductions, therein provided for, any balance of the proceeds of such lands that might remain should constitute a fund for the future necessities of the tribes, on which the United States would pay the Chiefs, for the use and general benefit of the said tribes, annu- ally, five per centum, as an annuity, which sales being accordingly effected, the fund thus created amounted to sixteen thousand four hundred and sixty-six dollars and ten cents, which was invested by the United States, and yet remains invested, as follows, that is to say : Six thousand dollars in five per cent, stock of the State of Kentucky; Seven thousand dollars in five and a half per cent, stock of the State of Missouri ; ^ Three thousand dollars in six per cent.' sto*k of the State of Missouri ; And four hundred and sixty-six dollars and ten cents in the United n i States six per cent, loan of the year 1847. Which stocks are held by the United States, and the annual interest thereon amounted to the sum of eight hundred and ninety-two dollars and ninety-six cents. • Therefore, and as the said Senecas and the Shawneee aforesaid are indi- gent, and have nothing to expect from the justice of the northern States, and will be greatly distressed if the annual payments are not promptly made, and as the Confederate States do not wish them any longer to look 382 TREATY WITH THE SENEGAS AND SIIAW2ifEES. Aauuil pajmi-nu to tlie northern States or receive any moneys from them, and are vrillingto »i;reed to be made make the necessary advances for the States of Missouri and Kentucky; by tho C. S to the Tj^^^gj;^,.^ jj j^^ further a-reed by the said Confederate States of Amer- nees. ^^^^^ that they will pay annually lorever, in each and every yearatter the day of the signing of this treaty, on the first day of January in each year, commencing with the year one thousand eight hundred and sixty- two, in money ; To the Seneca tribe, formerly known as the Senecas of Sandusky, to the chiefs, for the use and general benefit of the people, one thousand two hundred and fifty dollars ; And to the Shawuees, of the mixed bands of the Senecas and Shawoeea, formerly of Lewistown, or to the Senecas and Shawuees together, when the Senecas shall have united in this treaty, but until then, to the Shaw- nees alone, to the Chiefs, for the use and general benefit of the people, one thousand eight hundred and ninety -two dollars and ninety-six cents. And it is further agreed by the Confederate States that they will look to the States of Missouri and Kentucky for re-payment of the principal and interest of the said sums so invested in their stocks. Aanuitv f the Indians; and whidi article^s shall be annually Distribution of distributed bv the agent as e(iually as possible among the persons i-om- '"^"''''' P"'"*^^^''*'^*- posing the Seneca tribe as aforesaid, the Shawnees and Wyandots afore- said, and the Senecas of the said mixed bands of Senecas and Shawnees; in wliicli distribution, however, regard may be had by the agent, by the advice of the Chiefs, to the character anil circumstances of the recipients, and the needy who are industiious and worthy be especially provided for, and the idle and disolute not be encouraged. Artioi.k XXXin. The Senecas and the Senecas and Shawnees not being School ooasM. al)Ie to maintain schools nmong them, and being anxious their children should not grow up in ignorance, the Confederate States herein agree to build a comfortable school -house in eaidi tril>e, and that they will employ, during the term of twentv years, a competent male teacher and a compe- Teacher?; their tent female teacher, pay their salaries and furnish the schools with the"'""'.'*" necessary stationery and such books as are needed for instruction in fom- {,^'^1." '"'^''''^^ *" rnon schools. The repairs of school-houses shall be n)adc, and fuel fur- K.epair» of aohool nished, by the Senecas the Senecas and Shawnees and Wyandots them- houses and fuel, selves; and the schools shall bo open to the children of all alike. Article XXXIV. Whenever it shall be desired either by tlie Scne- r)ivision ot joint oas or the Shawnees of the mixed bands, after the said Senecas shall ;'"°"i!^ between have united in this treaty, a division ot their joint annuity ot one thou- tbo Shawnet-s of pand eight hundred and ninety-two dollars and ninety-six cents shall be *'>« raixtxl bands, made between them, in the ratio of their numbers, and each band shall thereafter receive to its sole use the share of the said annuity belonging to it, as thus determined, whatever their respective numbers may after- wards be. Article XXXV. The Confederate States will also furnish the Sene- ifodioirca aad- cas, formerly of Sandusky, and the Shawnees aforesaid, and the Senecas™®"^* servicea. of the mixed bands when they shall have united in this treaty, with such medicines as may be necessary, and will employ a physician for them and for the Quapaws, who shall reside at a convenient place in the country of one or the other tribe, during the pleasure of the President ; and any physician employed shall be discharged by the superintendent and another be employed in his place, in case of incompetency or inat- tention to his duties. Article XXXVI. The Confederate States also agree to employ a Biaokfmitb and blacksmith for the Senecas, and one for the Senecai* and Shawneas for, ****'* "" and during the term of, twenty years from the date of this treaty, and an assistant for each, who shall be one of the Seneca or Shawnee people, •'♦'aponsa.tion. 1 • • i' iiii/^r-jii t f J bhop aad tools, and receive a compensation ot two hundred and ntty dollars per annum, and co»i, iron oad And they will also furnish each blacksmith a dwelling hou.se, shop and ateeL 384 TREATY WITH THE SENEGAS AND SIIAWNEES. tools, and supply each shop with coal and with six hundred founds of. iron and one hundred pounds ot* steel annually. Wagon-maker AuTiCLE XXXVII. Ihe Conlcderate States will also employ one ind vfheelwrigiit. wagon-maker and wheelwright for the Seneeas, and one for the ISenecaa and Shawuecs fur, and during the term of, twenty years irom the date of Shop, tools and this treaty, and furnish each with a dwelling house, shop, tools, and the XDat«ri Shawnees ofneis. the tribe or confederacy of Senecas and Shawnees, formerly known as the Senecas and Shawnees of Lewistown, or the mixed bands of Senecas and Shawnees, each tribe for itself, by the chiefs and warriors who signed the same articles, of the other part, concluded at Park Hill, in the Cherokee Nation, on the fourth day of October, in the year of our Lord, one thou- sand eight hundred and sixty-one, withe following amendment: AMENDMENT. In article twenty-seven, at the end of the words " or in a State court," Amdurfnnnt. add the following words : " subject to the laws of the State." Note. — The amendment was agreed to and ratified by the Senecaa and Shawnese as a part of the treaty. 25 TREATY WITH THE QUAPAWa OCIOBER 4th, 1S61. ARTICLES OF A CONVENTION Ov.u 4, iStil. Evkred into and concluded at Park Hill, in the Cherokee JVation, on the fourth day of October, in the year of our Lord^ one thousand eight hun- dred and sixty-one, Idwctn the Confederate States of America, by Albert Pike, their Co7nmissioher, with full poiccrs, ajipointcd by the President, by virtue of an Act of the Congress in that behalf, of the one ^jart, and the Qv.apaiv Tribe of Indians, by its Chiefs and warriois, who have signed these articles, of the other 2^^^'^^' TLo Quapaws Akticle I. The Quapaw Tribe of Indians, and all tlie persons thereof,. Oder tho j.rotcr - - - - - ... . _ . lion of the C. S. ander tho j.rotcc- ^^^ liercby place theiusehes under the la^s and protection of the Confede- rate States of America, in peace and in war, foiever, and agree to be true and loyal to them under all circumstances. TheC.S. assume Aeticle II. The Confederate States of America do hereby promise and the protectorate, firmly engage themselves to be, during all time, the friends and protectors^ of the Quapaw Tribe of Indians, and to defend and secure them in the enjoyment of all their rights ; and that they will not allow them hence- forward to be in any wise troubled or molested by any power or people^ State or person whatever. Guarantee to the Akticle III. The Confederate States of America do hereby assure and auupavfs of tbep-uarantee to the Quapaw Tribe of Indians, the exclusive and undisputed country secured to '^ ■ , ^ i • n .• i in thfiii by ireatyP*^^^^^^'^"' "^^ ^"" occupancy, durmg all time, as long as grass shall grow with the U. S. and water run, of the country heretofore secured to them by treaty with the United States of America, and which is described in the treaty of the thirteenth day of May, A. D., one thousand eight hundred and thirty-three, as follows, that is to say : " One hundred and fifty sections of land, west of the State of Missouri, and between the lands of the Senecas and ShaAV- nees, not heretofore assigned to any other tribe of Indians ;" and as the same was afterwards selected and assigned to said Quapaw Tribe, and is now Lands not to be held and occupied by them ; which lands shall not be sold or ceded by said 3oid or ceded ex- tribe, nor shall any part thereof, to any nation or people, except to the o.p e . >-. Confederate States, nor to any individuals whatever, except as hereinafter provided, and the same shall vest in the Confederate States, in case the said tribe becomes extinct or abandons the same. KescrTation of Akticle IV. The right is hereby reserved to the Confederate States to knd for In di an select, in any unoccupied part of said country, if they shall desire to do agency. ^ i. i^ i i -i "^ i • p e SO, a tract ot land, one mile square, as a reserve and site tor an agency lor the said tribe, which shall revert to the said tribe, with all the buildings thereon, whenever it shall cease to be occupied for an agency. Forta and mill- Articlk V. The Confederate States shall have the right to establish in tary posts. |}j,(. ggj^) country such forts and military posts as they may deem necessary,. and shall have the right to select ior each such fort or post, a tract of land, one mile square, on which such fort or post shall be established : TREATY WITH THE QUAPAWS. 337 Provided Th^t if any person have any improvements on any tract so selected, the vahie of such improvements shall be paid by the Government to the owner thereot. ^Article VI. No person whatever shall be permitted to settle or reside No settlement upon the agency reserve, when it shad have been selected, except by per- Permitted upon the mission ot the agent; nor upon any reserve for a fort or military nost "S^^^^ reserve or except by the permission of the commanding officer ; and every such ."eirve It'/ Ac' ' ' ^° ' tor torts or military posts, shall be within the sole and exclusive iurisdic- " tion ot the Confederate States. .1 ^ ^ Arn-rcLE VII. The Confederate States hereby agree that the country Th. .. . . hereby secured to_ the said trib. shall never be incUufod within the bounds oitJXZTs\:l nny State or Territory, nor shall any of the laws of any State or Territory *« be S udod ever be extended over, or put in force within, any part of the <;aid ponnfr/- '^'""" ""^ bounds and the President of the Contedorate States, willVause the said tribe to U^^r^l;^:, II piotected against all molestation or disturbance at the hands of any other ""J^r the laws tribe or nation ol Indians, or of any other person or j.ersons whatever • and ^''""■'"'*'- he shall have the same care and supeiintcndcnee over them as was I.pio n ^V^* action tofore had by the President of the United States. oi^Prfo^f ''"''^^ AimcLKyill The members of the said Quapaw Tribe of Indians shall l[«nti„e and have he right, henceforward, of hunting and killing game in all the unoc-killii)g of'gamo! cupied country west of the possessions of the ^Cherokees, Semiiioles Clioctaws and Chickasaws, without molestation from any nuarter beinrr' while so engaged therein, under the protection of the Confederate Sutc;' AkticleIX. I here shall be pcMpetual peace and biolheihoo.1 be JSen v.r . i the Quapaw Tnbe^of Indians^and the Osages, Senecas, Senecas and SlTv an'd'^C'therK nees Mus-ko-kis beminoles, Choctaws and Chickasaws. and the bands of^-^'^^*--" the Qua- vvichijas, Lado-ha-da-chos, Hue-cos, Ta-wa-caios, An-a-ua<.-h-cos Ton-fa ^''r '""' °**'^'" wes, v,-chais Ai-o-nais, Shawnees and Delawares, living in the' country leased from the Choctaws and Chirkasaws, and the P.-nre-re-.h-cs No-co-ni la-nei-we, \ a-pa-nh-ca, and Co-dio-tih-ca bands of the Ne^Hn o'r Coman' t • • . ches; and eve.y injury or act of hostility which either hJ^^^tJ;::'^.^^'^:^':':^ tamed or met with at the hands of the other, shall be forgiven and foro-otten <""''S'^"c"- AhticeX. The Q.apaw Tribe of Indians, and the^aid severaf other' The Quapaws nations, tnbes and bands shall henceforth be good neighbors to each other and other trfbes to and there shall be a free and friendly intercourse amoncr them And it is ^"^ ^'""'^ "eighbors hereby agreed by the said Quapaw Tribe, as has already been agreed by '" '"'' "*'"'• all the otaeis that the horses, cattle and other stock and 'propertyof each m.ru, n- nation, tribe or band,_and of every person of each, is his^r Vs cJwn ; and ty'ilfttr^SJl ■lat no person belonging to the Quapaw Tribe, shall or will hereafter kill "«' ^'■ take away or injure any siK^h property of another tribe or band, or of any inember of any other tribe or band, or in any other way do them any harm. ■' - J Article X[. Especially there shall be perpetual peace and friendship remetu.! r,^. be weeu «aid Quapaw Tr be and the Osages, Senecas" Senecas and Shaw-uul'.En"! ffi" uees,^UieroKees, Mus-ko-kis, Seminoles, Choctaws and Chickasaws, and *^'"' 'he.^ Osages the Chiefs and headmen of the said Quapaw Tribe, shall do all in their '"'.l'''^'" ^"*^**° power o take and restore any negroes, horses or other property stolen "' , , from white men or from persons belonging to either of said nations and ,. Sv" ''°^'' tribes ; and to catch and give up any person among them who may kill or steal or do any other evil act. fhf^^'l'n '^'"•i",'"^!5,^^f:^ ^^'^ f'-i^"^J«^ip now established between No private re the said Quapaw Iribe of Indians and the Confederate States and the - n.o or retalla other Indian nations, tribes and bauds aforesaid, may not be interrupted''"" '" ^"^ **''*'" by the misconduct of individuals or bands of individuals, it is hereby u"',h'J'o';'*' """'■ agreed that for injttries done by individuals, no priyat^ rev;ngror ^^'"'""• letahatioii shall take place, but instead thereof, complaint shall be made v.i .r > by the said Quapaw Tribe of Indians, when 'any indiyidual thereof iS '''''''' '''"'^- 18^ TREATY WITH THE QUAPAWS. injured, to the agent of the Confederate States for the Osages and other tribes, who shall investigate the complaint, and if he finds it well- founded, shall report the same to the Superintendent, who shall'cause the wrong to he redressed, and the person doing to be arrested whether Trial and pun- he be a white man or an Indian; and he or they shall be tried for the ishment of wrong g^me agreeably to the laws of the Coafederate States, or of the State or "^^ Territorj' against which he may have offended, and be punished in the same manner and with the same severity, as if the injury had been Redress for in- done to a white man. And it is also agreed that if any member of the jnries done by tbe Quapaw Tribe shall do any injury to the person or property of any white (juapaws. ^^^ ^^ ^^|. ^ jj^gmj^gj. of anj'^ other nation or tribe, under the protection of the Confederate States, the offender shall be given up to the agent, upon complaint made to him, and on his demand, the wrong shall be redressed by him, and the offender hi tried for the offence, agreeably to the laws of the Confederate States, or of the State, Territory or nation Proviso. against which he may offended : Provided, That he shall be punished in no other manner, nor with any greater severity, than a citizen of the Confederate States, or of such State, Territory or nation would be, if he had committed the same offence. Horaea or other ARTICLE XIII. It is hereby further agreed that the Chiefs of the property stolen to Quapaw Tribe shall use every exertion in their power to recover any owner"' °^ ° horses or other property that may be stolen from any citizen of the Con- fe(^|:\te States, or from any member of any other Indian nation or tribe uu9§T the protection of the Confederate States, by any person or persons whatever, and found within the limits of their country; and the property so recovered shall be forthwith delivered to the owner or to the agent to Proc e e d i n ghe restored to him. If, in any case, the right to the property claimed ■arhere right to pro- jg contested by the pcrson in possession, the agent shall summarily inves- ^^'^ ^ ' ' tigate the case, and, upon hearing the testimony of witnesses, shall decide the right to the property, and order it to be detained or delivered up Appeal. -accordingly. Either party may appeal from his decision to the Superin- tendent, whose decision shall be final in all cases, the property in the Where reetora- meantime remaining in the custody of the agent. If, in any case, the won cannot b e exertions of the Chiefs to cause the restoration of stolen property prove made, the valuo^of -^gg-gg^yg}^ ^jj^j j^l^g agent is satisfied from the testimony that it wa.s to be deducted actually stolen, or received with knowledge of its being stolen, by any from the annuity of person belonging to the Quapaw Tribe, he shall so report to the Super- the tribe. inteudent, with a copy of the testimony, which shall, for that purpose, be always reduced to writing; and the Superintendent shall, if satisfied from the testimony, deduct from the annuity of the Tribe a sum equal to the value of the property stolen. When the value ARTICLE XIV. The Confederate States hereby guarantee full and fair of the property payment, to the owner, of the actual and full value of all horses and b^lh'e c' S to^the^^^'^'" P^'operty stolen from any person or persons belonging to the owner. * ' Quapaw Tribe, by any citizen of the Confederate States, or by any Indian of any other nation or tribe under their protection, in case the same cannot be recovered and restored, and upon sufficient proof being made before the vSuperintendent, or any agent of the Confederate States, for any such nations or tribe^, that such property was actually stolen by a citizen or citizens of the Confederate States, or by an Indian or Indians of any nation or tribe under their protection. Agent and In- ARTICLE XV. An agent for the Great and Little Osage Tribes, the t-erpreter. Quapaws, Senecas, and Senecas and Shawnees shall be appointed by the President, and an Interpreter for the Quapaw Tribe for their protection, and that their complaints may be heard by and their wants made known Whereto reside, to the President. The agent shall reside continually in the country of one or the other of said tribes or bands, and the interpreter shall reside TREATY WITH THE QUAPAWS. 889 V continually amongst the Quapaws, and neither of them shall ever be Not to be abgent absent from their posts, except by permission of the Superintendent. wit out eave. Article XVI. None of the braves of the Quapaw Tribe shall go No war to be upon the war path, against any enemy whatever, except with tre consent ^^^sed or councils of the agent, or unless it be to pursue hostile bands of wbife men or^'^g consent oAhe Indians entering their country and committing murder, robbery oi" other agent, outrage, when immediate pursuit is necessary ; nor shall hold any talks or councils with any white men or Indians without his knowledge and consent. And they especially agree to attend no councils or talks in the country of any people, with whom the Confederate States are at war; and in case they do so, all the benefits secured to them by this treaty shall immediately and forever cease. Article XVII. The Confederate States will not permit any improper Who may live in person to reside or be in the Quapaw country, but only such persons astl»e Quapaw ooun- are employed by them, their officers or agents, and traders, licensed by ^^' them, who shall sell to the Quapaws and buy from them, at fair prices, under such regulations as the President shall make from time to time. Article XVIII. No State or Territory shall ever pass laws for the The Qua raws government of the Quapaw people ; and except so far as the laws of the ^^^^ '""'ee to govern Confederate States are in force in their country, they shall be left free*' **^*®^''*'^- to govern themselves, and to punish offences committed by one of them- selves against the person or property of another : Provided, That if one rroviso. of them kills another, without good cause or justification, he shall suffer death, but only by the sentence of the Chiefs, and after a fair trial, all private revenge being strictly forbidden. Article XIX. Every white man who marries a woman of the White man wh» Quapaws, and resides in the Quapaw country, shall be deemed and taken, "lames a woman even after the death of his wife, to be a Quapaw and a member of the deemed to le a tribe, so far as to be subject to its laws in respect to all offences commit- Quap.aw .so far aa ted in its country against the person or property of another member ofj*' Ix* subject to the his tribe, and as not to be considered a white man committing such offence against the person or property of an Indian, within the meaning of the acts of the Congress of the Confederate States. And all negroes or Negroes ana mulattoes, bond or free, committintr auv such offence in said country, "•"^'^''*'""-'* '" J''^* ,,,.,., 1 1 • 11 f. 1 , -1 •'-^manner .subicct to shall in like manner be subject to the laws or the tribe. the jj^^s of th« Article XX. The Confederate States shall have the right to estab- tribe, lish, open and maintain such military and other- roads through any part ^'^''"'^^ ^^^ of the Quapaw country, as the President may deem necessary, without making any compensation for the right of way, or for the land, timber or stone used in constructing the same ; but if any other property of the tribe, or any other property or the improvements of an individual be used or injured therein, just and adequate compensation shall be made. Article XXI. The Confederate States may grant the right of way Right of way for any railroad through any part of the Quapaw country ; but the for railroads, company to which any such right may be granted shall pay to the tribe therefor such sum as shall, in the opinion of the President, be its fair value; and shall also pay to individuals all damages done by the build- Payment of ing of said road to their improvements or other property, to such amount ''Pf'*^®^ *• '"'^'' in each case as commissioners appointed by the President shall deter- mine. Article XXII. The agent of the Confederate States, for tha Osages Intrasions and and other tribes, shall prevent all intrusions, by hunters and others, |'*^"''™''T'* ^KV^ upon the lands of the Quapaws, and permit no white m«n or other Q^^^^^g to be Indians to settle thereon, and shall remove all such persons, calling, if prevented, necessary, upon the military power for aid ; and the commanders of military posts, in that or the adjoining country, shall be required to afford him such aid upon his requisition. 890 TREATY WITH THE QUAPAWS. The Quap a tv s ARTICLE XXIII. The Quapaws may allow persons of ouy other tribe may allow other ^^ Indians to settle among them, and may receive from them for their amoD" thein. o'^n benefit, compensation for such lands as the}' may sell or assign to such persons. Who not to pas- ARTICLE XXIY. No citizen or inhabitant of the Confederate States ture stock on their q,, nign^bgi. of any friendly nation or tribe of Indians, shall pasture stock ' Liberty given to 01 tbe lands of the Quapaws, but all such persons shall have full liberty, travel iu t h e i r at all times, and whether for business or pleasure, peaceably to travel in country, aud drive tj^gi^. country, on the roads or elsewhere, to drive their stock through same. '^ ^^^ same, and to halt such reasonable time on the way as may be neces- sary to recruit their stock, such delay being in good foith for that pur- pose and no other. Surrender of fu- ARTICLE XXV. Any person duly charged with a criminal offence ficr"^ ^^°™ ■'"^" against the laws of the Confederate Statesror of any State or Territory, or of an}' Indian nation or tribe under the protection of the Confederate States, escaping into the Quapaw country, shall be promptly taken and delivered up by the Chiefs of the Quapaws, on the demand of the proper authority of the Confederate States, or of the State, Territory, nation or tribe within whose jurisdiction the offence shall be alleged to have been committed. Laws declared ARTICLE XXVI. In addition to the laws of the Confederate States. to be in force in expressly applying to the Indian country, so much of their laws as pro- the Quapaw coun- • i j? . i • i l £■ ■ i.- j. p i i. i ^ ' vides tor the punisliment oi crimes amounting to lelony at common law. or by statute against their laws, authority or treaties, and over which the courts of the Confederate States have jurisdiction, including the counterfeiting the coin of the United States, or of the Confederate States, or any other current coin, or the securities of the Confederate States, or the uttering of such counterfeit coin or securities; and so much of said laws as provides for punishing violations of the neutrality laws, and resistance to the process of the Confederate States; and all the acts of the provisional Congress providing for the common defence and welfare, so far as the same are not locally inapplicable ; and the laws providing for the capture and delivery of fugitive slaves, shall be in Jurisdiction of force in the Quapa;/ country ; and the district court for Chalahki district. district court for -when established, shall have exclusive jurisdiction to try, condemn and trkt. ^'^ ^ ' '^' P"'^i'''^'i offenders against those laws, to adjudge and pronounce sentence, and cause execution thereof to be done. Any of the Qua- ARTICLE XXVII. Whenever any person, who is a member of the paws .indicted in Qy^^.-,^ rjij.jjj^ gi-jjilj ipg indicted for anv offence in any court of the «iti"v court 01 tilt! " *^ C. S. or State court Confederate States, or in a State court, he shall be entitled, as of corn- entitled to process mon right, to subpccna, and, if necessary, to compulsory process for all for witnesses. such witnesses in his behalf as his counsel may think material for his Costs of process defence : and the costs of process for such witnesses, and of the service paid by C. S. thereof, and fees and mileage of such witnesses shall be paid by the may 'be assi'nied Confederate States ; and whenever the accused is not able to employ counsel. counsel, the csurt shall assign him one experienced counsel for his defence, who shall be paid by the Confederate States a reasonable com- pensation for his services, to be fixed by the court, and paid upon the certificate of the judge. Existing laws, ARTICLE XXVIII. It is hereby declared and agreed that the institu- usages and eus-^JQjj Qf slavery in the said Quapaw Tribe is le- war between the Confederate States and tlie ^ p^Ttv to the es- United States of America, as the ally and ward of the former; and, in i.oUng' war and consideration of the protection guaranteed by this treaty, and of their f^g^ccs to fnrclEh common interests, hereby agrees to aid in defending its country against'"^' " any invasion thereof by the common enemy; and it is agreed that all Pfiy of warrlora. warriors furnished by it for the service of the Confederate States, and which shall be unistered into that service, shall receive the same pay and allowances as other troops of the same class therein, and remain in ^^"^^ long tc the service as long as the President shall require. Articlk XXX. The Confederate States hereby agree to furnish each Rifle and lacksmitb atd blacksmith for the Quapaws, for and during the term of twenty years '^^''^'"■'^*' from the date of this treaty, and an assistant, who shall be one of the Quapaw people, and receive a compensation of two hundred and fifty dol- Compensation, lars per annum. And they will also furnish the blacksmith with a dwelling house, shop and tools, and supply the shop with coal, and with six hun- (-oaf Tron"*aBd dred pounds of iron, and one hundred pounds of steel, annually. .=tcol. Article XXXIV. The Confederate States will also employ one wagon- Wngon mafccT- iajaker and wheelwright for the Quapaws, for and during the term of ""'^ '"'''"' ''"^^*'" 892 TREATY WITH THE QUAPAWS. Shf.p, tr.olj and twenty years from the date of this treaty, and furnish him with fa ina,tcria.c;. dwelling house, shops, tools and the necessary materials. Crist aud fa*/ ARTICLE XXXV. The Confederate States hereby agree ta build and **»"^- put in running order for the Quapaws, at some suitable point in their- country, to be selected by the agent, a good grist and saw mill, and to-- deliver the same, when completed, to the Quapaw people, whose abso- lute property it shall at once become. And the Confederate States will- also employ, for the term of ten years, an experienced miller for each '^"' . mill, to be selected, if possible, from among the Quapaws, and if such Compeiisa ioe. jj^jjigj,g (>an be had at a compensation not exceeding six hundred dollar* per annum for each. Wago n s a n d ARTICLE XXXVI. The Confederate States also further agree to pur- horse ""ean** ' chase, for the Quapaws, four good wagons and harness for four horses for each wagon, ten yoke oxen, and ten sets of horse gear complete, to be- delivered to the chiefs, and used for the general benefit of their people. Annual pnymcut ARTICLE XXXVII. The Confederate States also further agree per- f th ^ nt^'^^^o'*" petually to pay regularly and annually hereafter, the sum of one thou- diildrt-. " ''^^*^^ dollars for education of their children, provided by the treaty of the thirteenth day of May, A. D., one thousand eight hundred and thirty-three, and also to add to that sum in each and every year th» ^ further sum of one thousand five hundred dollars ; which sums shall be- payable on the first day of January in each year, commencing with the year one thousand eight hundred and sixty-two, and shall be applied by the agent to the education of Quapaw children and youths in the Osage Manual Labor School, until an institution of learning can be, with the aid of this perpetual fund, established in the country of the Quapaws. Asnaity to the ARTICLE XXXVIII. Inasmuch as the Quapaws have no fund out of Chiofs. which to pay the salaries of their Chiefs, or the expenses of thei-r gov- ernment, the Confederate States further agree to pay to each of the pres- ent Chiefs, Wat-ti-shi-nek Kat-eh-de, the first Chief, and Ka-hi-keh-tih-te, the second Chief, for each year, and during his natural life, an annuity of one hundred dollars in money per annum, payable on the first day of January in each year, commencing with the year one thousand eight hundred and sixty-two. ^ Trader nurclias- ARTICLE XXXIX. If any trader or other person should purchase wg articles given f,,Qjjj ^^y Quapaw any of the chattels or articles given him by the Con- puniehed. ' ' federate States, he shall be severely. punished. Gefleral £,2SBe.-:ty. AR/ftcLE XL. A general amnesty of all past ofl'ences against the law3 of the United States or of the Confederate States, committed before the signing of this treaty, by any member of the Quapaw Tribe, as such membership is defined in this treaty, is hereby declared ; and all such persons, if any, charged with such ofience, shall receive from the Presi- dent full and free pardon, and if imprisoned or held to bail, before or after conviction, shall be discharged. ' When fchistrsaty ARTICLE XLI. This convention shall be obligatory on the Quapaw *• take effect. Tribe of Indians from the day its date, and on the Confederate States from and after its ratification by the Senate or provisional Congress. In perpetual testimom/ yJiereo/, the said Albert Pike, as Commissioner, with plenary powers, on the part of the Confederate States, r r-"^^—-^ \ doth now hereunto set his hand and afiix the seal of his arms; < Seal. V and the undersigned, Chiefs and headmen of the Quapaw * v.^--Y — > J Tribe of Indians, do hereunto set their hands and affix their seals. This done in duplicate, at the place, aad upon the dav, in the year first aforesaid. ALBERT PIKE, Commissioner of the Confederate States to the Indian nations west oj Arkansas. TREATY WITH THL QUAPAWS. 39^ WAT-TI-SHI-NEK-KAT-EH-DE, MOS-KA-ZI-KA, Principal Chief of the Quapawi. A-HI-SUT-T A. • GEORGE LANE, NIK-KAT-TOH. ELI J AH H. FIELDS, MO-ZEK-KA-I^ K, NOT-TET-TU, g. o. yalLAR. ^^-^h R. P. LOMBARD. Sigued, sealed and deyivered in presence of us. WM. QUESENBURY, , SAretnry to the Conimisnioiier, E. RECTOR, ^ iSuperiiitendcnl Indian Affairs Confed*- rote States. ANDREW J. DORN, Ccn federate States A'jent for the Qua- pnu'n, etc. W. WARREN JOHNSON, R. H. BEAN, J. W. WASIIBOURNE. To the Indian names are subjoined marks. RATIFICATION. Dec. 21, I861. B'suhed, (two-thirds of the Congress concurring,) That the Congress Ratification by of the Confederate States of America, do advise and consent to the ^"°^''''^*'^ of the ratification of the articles of a convention, made by Albert Pike, Com- wUh'the*Qurpawf, Bifssioner of the Confederate States to the Indian nations west of Ar- kansas, of the one part, and the Quapaw Tribe of Indians, by its Chiefs and warriors, who signed the same articles of the other part, concluded at Park Hill, in the Cherokee Nation, on the fourth day of October, in the year of our Lord, one thousand eight hundred and sixty-one, with the following AMENDMENT: Amendment. Strike out from article twenty-seven, the following words: "or in a State court," and insert in lieu thereof the following words: "or in a .< State court, subject to the laws of the State." -j Note. — liie amendment was agreed to and ratified by tlie Quapaws as a part of th« treaty. TREATY WITH THE CHEROKEES. OCTOBER 7th, 1S6L A TREATY OF FRIENDSHIP AND ALLIANCE, Made and concluded, at laldequoh, in the Cherokee Nation, on the sev- Oct. 7, ISfil, <'>^f^i' daij of October, in the year of our Lord, one thousand eight hundred and sixty-one, between the Confederate States of Amm'ica, by Albert Pike, Commissioner xoith j^lenary powers, of the Confederate States, of the one part, and the Cherokee Nation of Indians, by John Ross, the Principal Chief, Joseph Verner, Assistant Principal Chief, James Broicn, John Drew and William P. Ross, Executive Council- lors, constituting icitk the Principal and Assistant Principal Chiefs the Executive Council of the Nation, and authorized to enter into this treaty by a General Convention of the Cherokee People, held at Tdh- lequah, the seat of Government of the Cherokee Nation, on the twenty- first day of August, in the year of our Lord, one thousand eight hun- drecl and sixty-one ; together with Jjewis Ross, Thomas Pegg and Richard Fields, Commissioners selected and appointed by the Principal Chief with the advice and consent of the Executive Council to assist in negotiating the same, of th-e other part. Preaiati]c. The Congress of tlie Confederate States of America, having by an "act for the protection of certain Indian tribes,"" approved tlie twenty-tii'st day of May, in tlie year of our Lord, one thousand eight hundi'ed and sixty- one, ohered to assume and accept the protectorate of the several nations and tribes of Indians occupying tlie country west of Arkansas and Mis- souri, and to recognize tliem a their v>'ards, subject to all the rights, priv- ileges and immunities, titles and guarantees with each of said nations and tribes under treaties made with them by the United States of America; and the Cherokee Nation of Indians having assented thereto upon certain terms and conditions: Now, therefore, the said Confederate States of America, by Albert Pike tbeir Commissioner, constituted bv the President, under authority of the act of Congress in that behalf, with plenary powers for these purposes, and the Cherokee Nation by the Principal Chief, Executive Council and Com- missioners aforesaid, has agreed to the following articles, that is to say: Perpetual peace Article I. There shall be pei'petual peace and friendship, and an alliance and fricudship. offensive and defensive, between the Confederate States of America and all of tiieir States and people, and the Cherokee Nation and all the people thereof. ^ The Chcrokces Article II. The Cherokee Nation of Indians acknowledges itself to be acknowledge them- mider the protection of the Confederate States of America, and of no i^elves to be under , i ' . , , i i -i i . • i x i 'oho protection of ^*'"^^" P'^^^'' <^'' ^•^^'^^■^^n'l whatever; and does hereby stipulate and agree The C. S. with them that it will not hereaftei' contract any alliance, or enter into an}'- TREATY WITH THE CHEROKEES. 395 compact, treaty or agreement with any individual, State or with a foreiofn power; and the said" Confederate States do hereby assume and accept the The C. S.ass\m;c said protectorate, and recoirnize the said Clierolcee Nation as their ward ; ^ ^^^ '^^ ^^"^ and by the consent of the "said nation now here freely a^iven, the country J^^erokce cou^- whereof It IS proprietor in fee, as the same is herematter described, ^^ q. S. annexed to the Confederate States in the same manner and to the same extent as it was annexed 1o the United States of America before that (Gov- ernment was dissolved, with such modifications, however, of the terms of annexation, and upon such conditions as are hereinafter expressed, in addi- tion to all the rights, privileges, immunities, titles and jruaiantees with or ' in favor of the said nation, uiuler treaties made with it, and under the statutes of the United States of America And in consequence of the obligations imposed on the Cherokee people by this article, it is agreed on the part of the Confederate States, that they will not at any time enter _ C. S. not to enter into any compact, treaty or agi'eement with any individuals or jmrty in the '^"^j^° ^'thc^CoE- Cherokee Nation, but only with- the constitutional authorities of the same, stitutiounl author- that will in any Avav interfere witli or affect any of the national rights of ities of ilie Chero- .1 /-(I 1 i" , ^ kee Nation. the Cherokee people, « \ AimcLE III. The Confederate States of America, liaving accepted the .I'j-ofc^tion prom- said protectorate, hereby solemnly promise the said Cherokee Nation never ^'"^ to desert or to abandon' it, and tliat under no circumstances will they per- mit the Northern States or any otlier enemy to overcome them and sever the Cherokees from the Confederacy; but that they will, at any cost and all hazards, protect and defcml them and maintain unbroken the ties created by identity of interests and institutions, and strengtliened and made per- petual by this treaty. Artici.k IV. The boundaries of the Cherokee country shall forever con- Boundaries of tinue and remain the same as they are defined by letters pntent therefor 'bo^^^C^herokce given by the United States to tlie Cherokee Nation on the thirty first day ^'^"" '•^' of December, in the year of our Lord, one thousand eight hundred and thirty-eight; which boundaries are therein defined as follows: Beginning at a mound of rocks four feet S(]uare at base, and four and a half feet high, from which another mound of rocks bears .south one chain, and another mound of rocks bear west one Indian country, extended and enlarged by virtue of this cXi'ticle when ratified and with- extende-l ;uid en- q^j, further legislation, as that none of said laws shall extend and apply '"' * "^^ to any offence committed by any Indian, or negro, or mulatto, or by any white person, so by birth, adoption or otherwise a member of the Cher- okee Nation against the person or property of any Indian, negro, or mu- latto, or any such Avhite person when the same shall be committed within the limits of the said Cherokee Nation as hereinbefore defined; but all such persons shall be subject to the laws of the Cherokee Nation, and to prosecution and trial before its tribunals, and punishment according to such laws, in all respects like native members of the said nation. Intruders to be ARTICLE Xf.I. All persons not members of the Cherokee Nation, as r'.>3ioved. such membership is hereinbefore defined, who may be found in the Cher- okee country, shall be considered as intruders, and be removed and kept out of the same either by the civil officers of the nation under the di- rection of the executive or legislature, or b}' the agent of the Confede- rate States for the nation, who shall be authorized to demand, if neces- Sxeepti)ns. sary, the aid of the military for that purpose; with the following excep- tions only, that is to say: Such individuals with their families as may be in the employment of the Groverumcnt of the Confederate States; all persons peaceably travelling, or temporarily sojourning in the country, or trading therein under license from the proper authority; and such per- sons as may be permitted by the legislative authority of the Cherokee Nation to reside within its limits without becoming members of the said nation. Ke?ervati'iu of ARTICLE XIII. A tract of two Sections of land in the said nation, to iacd for iudian be selected by the President of the Confederate States, or such officer or ajsacy. person as he may appoint, in conjunction with the authorities of the Cherokee Nation, at such a point as they may deem most proper, is hereby ceded to the Confederate States, for the purpose of an agency; and when selected shall be within their sole and exclusive jurisdiction, except as to offences committed therein by one member of the Cherokee Nation Proviso. against the person or property of ano*^,her member of the same : Provuled, That whenever the agency shall be discontinued, the tract so selected therein shall revert to the said nation, with all the buildings that may Furtherproviso.be thereupon: Ayid prooided also, That the President, conjointly with the authorities of the nation may at any time select in lieu of said re- serve, any unoccupied tract of land in the nation, and in any other part thereof, not greater in extent than two sections, as a site for the agency of the nation, which shall in such case constitute the reserve, and that first selected shall thereupon revert to the Cherokee Nation. Forts and mlli- ARTICLE XIV. The Confederate States shall have the right to build, tiry posts, and establish and maintain such forts and military posts, temporary or per- roai*""^ '*° ^°'^''^^'^®^*'' ^^°*^ ^^-^^^ military and post roads as the President may deem necessary in the Cherokee country ; and the quantity of one mile square of land, including each fort or post, shall thereby vest as by cession in the Confederate States and be within their sole and exclusive jurisdic- tion, except as to offences committed therein by members of the Chero- TREATY WIIH THE CHEROKEES. 399 kee Nation against the persons or property of other members of the same, so long as such fort or post is occupied ; but no greater quantity of land beyond one mile square shall be used or occupied, nor any greater quantity of timber felled than of each is actually requisite ; and if in the iptablishmeut of such fort, post or road, or of the agency, the prop- erty of any individual member of the Choctaw Nation, other than land, timber, stone and earth, be taken, destroyed or impaired, just and ade- quate compensation shall be made by the Confederate States. Article XV. No person shall settle or raise stock within the limits No perdon to set- of any post or fort or of the agency reserve, except such as are or may *^® .^'J '"^'f . ^\?''^ be in the employment of the Confederate States, in some . civil or mill- it, tary capacity; or such as, being subject to the jurisdiction and laws of the Cherokee Nation, are permitted by the commanding officer of the fort or post to do so thereat, or by the agent to do so upon the agency reserve. Article XVI. An agent of the Confederate States for the Cherokee Agent ai.dioter- Nation, and an interpreter shall continue to be appointed, both of whom P'''^'*'^- shall reside at the agency. And whenever a vacancy shall occur in Vacancy in either of the said offices, the authorities of the nation shall be consulted either '^-"'S;'^ "*B- as to the person to be appointed to fill the same ; and no one shall be ^'' appointed against whom ihey in good faith protest, and the agent may be removed, on petition and formal charges preferred by the constituted authorities of the nation, the President being satisfied, upon full inves- tigation, that there is sufficient causefor such removal. Article XVIT. The Confederate States shall protect the Cherokees PfAtectioTj fronr from hostile invasion and from aggression by other Indians and white '"^^^^j"" °"-^ *"' persons, not subject to the laws and jurisdiction of the Cherokee Nation ; and for all injuries resulting from such invasion or aggression, full in-. Indemaity for demuity is hereby guaranteed to the party or parties injared, out of the"'-'""*^"'' Treasury of the Confederate States, upon the same principle and accord- ing to the same rules upon which white persons are entitled to indemnity for injuries or aggressions upon them committed by Indians. Article XVIII. It is further agreed between the parties that the Prereatioai^iia- agent of the Confederate States, upon the application of the authoritiestrusion upoa the of the Cherokee Nation, will not only resort to every proper legal reme- J^l"^'^^ "^^^^ j.^^^;] dy, at the expense of the Confederate States, to prevent intrusion upouval 'of improp'jr the lands of the Cherokees, and to remove dangerous or improper per- person.-. sons, but he shall call upon the military power if necessary; and to that end all commanders of military posts in the said country shall be required and directed to afford him, upon his requisition, whatever aid may be necessary to effect the purposes of this article. Article XIX. If any property of any Cherokees betaken by citizens Propert/ taken of the Confederate States, by stealth or force, the agent, on c'oraplaiutKv atealtbor torw. made to him in due form by affidavit, shall use all proper legal means ^''^m-iv and remedies in any State where the offender may be found to regain the property or compel a just remuneration; and on faiure to procure redress, payment shall be made for the loss sustained, by the Confederate States upon the report of the agent, who shall have power to take testimony and examine witnesses in regard to the wrong done and the extent of the injury. Article XX. No person shall be licensed to trade with the Cherokees License to tra- except by the agent, and with the advice and consent of the National"®"" Council. Every such trader shall execute bond to the Confederate BoaJ. States in such form and manner as was re(juired by the United States, or as may be required by the bureau of Indian affairs. The authorities of Tax ou lijeuiei the Cherokee Nation may, by a general law, duly enacted, levy and col-^"*^®"- lect ou all licensed traders in the nation, a tax of not more than one 400 TREATY WITH THE CHEROKEES. half of one per cent, on all goods, wares and merchandise brought by them into the Cherokee country for sale, to be collected whenever such goods, wares and merchandise are introduced, and estimated upon the first cost of the same at the place of purchase, as the same shall be shown Appeal from de- by the copies of the invoices filed with the agent. No appeal shall here- flision refusing li- after lie from the decision of the agent or council, refusing a license, to *®°^-®' the Commissioner of Indian Affairs, or elsewhere, except only to the Who may trade, superintendent, in case of a refusal by the agent. And no license shall and what articles i^g required to authorize any member of the Cherokee Nation to trade in ouTlicense. the Cherokee country ; nor to authorize any person to sell flour, meats, fruits and other pi'ovisions, or stock, wagons, agricultural implements or What goods are arms brought from any of the Confederate States into the country ; nor forfeited when ex- gj^all any tax be levied upon such articles or the proceeds of the sale ouriicense ^ ^* ' thereof. And all other goods, wares and merchandise, exposed to sale by a person not qualified, without a license, shall be forfeited, and be delivered and given to the authorities of the nation, as also shall all wines and liquors illegally introduced. Restrictions on ARTICLE XXI. All restrictions contained in any treaty made with the the right of the United States, or created by any law or regulation of the United States, andd?sTseo° pS'^PO^ *^^ limited right of any member of the Cherokee Nation to sell Bonal property, re- and dispose of, to any person whatever, any chattel or other article of moved. personal property, are hei'feby removed; and no such restrictions shall hereafter be imposed, eseept by their own legislation. May take, hold ARTICLE XXII. It is hereby further agreed by the Confederate States, and pass lands, by ^1^^^ jj^U j.j,g jj,gjj^|^gj.g ^^f ^jjg Cherokee Nation, as hereinbefore defined, ^ent. shall be henceforward competent to take, hold and pass, by purchase, or descent, lands in any of the Confederate States, heretofore or hereafter acquired by them. Cherokee coun- ARTICLE XXIII. In order to secure the due enforcement of so much try erected into a Qf i\^q i^-^g of the Confederate States in regard to criminal offences and be called th"cha- ^^^^^™'^^'^'^^^ ^^ ^^ *^^ ^^J ^^ ^" force in the said Cherokee country, and lab-ki district. to prevent the Cherokees from being further harrassed by judicial pro- ceedings had in foreign courts and before juries not of the vicinage, the said country is hereby erected into and constituted a judicial district, to be called the Cha-lah-ki district, for the special purposes and jurisdic- District court for tion hereinafter provided; and there shall be created and semi-annually such district; held, within such district at Tah-le-quah, or in case of the removal of where to b« held, ^he seat of Government of the nation, then at such place as may become the seat of Grovernment, a district court of the Confederate States, with the powers of a circuit court, so far as the same shall be necessary to Jurisdiction co- carry out the provisions of this treaty, and with jurisdiction co-esten- «xt«n8ivp with the ^^^^ ^j^i^ t]jg limits of such district, in such matters, civil and criminal, jjj^;|.^ " to such extent and between such parties as may be prescribed by law, and in conformity to the terms of this treaty. Laws declared to ARTICLE XXIV. In addition to SO much and such parts of the acts *>« i°^^rce inthe^f Congress of the United States enacted to regulate trade and inter- ee coun ry. g^^^.j^g with the Indian tribes, and to preserve peace on the frontiers as have been re-enacted and continued in force by the Confederate States, and as are not inconsistent with the provisioEs of this treaty, so much of the laws of the Confederate States, as provides for the punishment of crimes amounting to felony at common law or by statute, against the laws, authority or treaties of the Confederate States, and over which the courts of the Confederate States have jurisdiction, including the coun- terfeiting the coin of the United States or of the Confederate States, or the securities of the Confederate States, and so much of the said laws as provides for punishing violators of the neutrality laws, and resistance to the process of the Confederate States, and all the acts of the proris- TREATY WITH THE CHEROKEES. 40! ional Congress, providing for the conimon defence and welfare," so far as the same are not locally inapplicable shall hereafter be in force in the (phcrokee country, and the said district court shall have exclusive juris- \ diction to try, condemn and punish offenders against any such laws, to adjudge and pronounce sentence, and cause execution thereof to be done in the same manner as is done in any other district court of the (Confed- erate States. Arttclf, XXV. The said district court of the Confederate States of Adiniralty juiis- Amcrica for the district of Cha-lah-ki shall also have the same admiralty '^•«''"" "*' '^^4"' . ,. . , 1. . ,1 1 >i n 1 . • i trict. for the tua- junsdiction as other district courts ot the Confederate courts against any lah-ki district. person or person;? residing or found within the district; and in all civil Juri^cliciion in Buits at law ii(- in equity when the matter in controversy is of greater <""■' <'**^*'- value than five hundred dollars, between a citizen or citiztMis of any State or States of the (Confederate States or any Territory of the same, or an alien or aliens and a citizen or citizens of the said district, or per- son or persons residing therein; and the Confederate States will, by sui- Appointment nf table enactments, provide for the anpointment of a judge and other •'•''' S® ""'^ o'^Y proper officers of the said court, the clerk and marshal being memnersol the Cherokee Nation, and make all necessary enactments and regulations for the complete establishment and organiv.atioa of the same, and to give full effect to its proceedings and jurisdiction. Article XX V[. The said district court shall have no jurisdiction to . 'r»e court to try and punish any person tor any offence committed prior to the day ot ^-^^ incus.? where the signing of this treaty ; nor shall any action in law or erjiiity be main- the offouce was tained therein, except by the Confederate States or one of them, when commitR-d, or the the cause of action shall have accrued before the same day of the s>gu- !j,","y*^, "j^.^",*;,!';!," ing hereof. piznin^ of tbia Article XXVII. If any citizen of the Confederate States or any trca'y. other person, not being permitted to do BO by the authorities of paid _r!^"„7or°urim.t! naiion or authorized by the terms of this treaty, shall attempt to settle i„g, wiihout au upon any lands of the Cherokee Nation, he shall forfeit the protection of tlioritv. to settle the Confederate States, and such punishment maybe inflicted upon him, '•" ihelandsof the , . , ', \ , •' , . , Chtrokces. not being cruel, unusual or excessive, as may have been previously pre- scribed by law of the nation. Article XXVirr. No citizen or inhabitant of the Confederate States Who not to pas- shall pasture stock on the laoJs of tho Ch^vokee Nation, under the pen- [JJ^^^^^'"^'' "° ^''"'" alfcy of one dollar per head, for all so pastured, to be collected by the authorities of the Nation ; but their citizens shall be at liberty at all Liborty givtm to times, and whether for business or pleasure, peaceably to travel the travel in tljeir ~, , 1 . 1 • ,1 • . 1 I 1 . xu • country, Hiid drivo <'herokee country; and to drive their stock to market or otherwise ^jj,^.]^ jj,jyu„lj (j^^ through the same, and to halt such reasonable time on the way as may s.ime. be necessary to recruit their stock, such delay being in good faith for ■that purpose. Article XXtX. It is also further agreed that the members of the Chero; ecs^maj Cherokee Nation shall have the same right of travelling, driving *?foC'^ |'tc.^'iu"„^nv*^of"thJ and halting to recruit the same, in any of the ConCoilerate States, as is c. s. given citizens of the Confederate States by the preceding article. Article XXX. If any person hired or employed by the agent or by H.iw por:-<.ii.« any other person whatever, within the agency reserve, or any post or fort, ^^''.^,1^|'|(. jcsorv* i^hall violate the laws of the nation in such manner as to become an unfit ^^^j X,, ruiuoveU. person to contitine in the Cherokee country, he or she shall be removed by the superintendent, upon the a})pIication of the executive js inflittea m {Jliej-oliee Nation, shall be indicted for any offence in any court of the .^ 'I- ;-t"at«! eciirt ^^'^'^^''^'^^^'*^^^ States, or of a State, he shall be entitled, as of common cuiiiiad to Tjroi'esa right to subpoena, and, if necessary, to compulsory process for all such i.K witueests. v^'itnesses in his behalf as his counsel may think necessary for his C..st3 of process, defence ; and the cost of process for such witnesses and of service thereof, aid fees and luile- g^^^j ^{jg f^^g ^^^ mileage of such witnesses shall be paid by the Confed- erate States, being afterwards made, if practicable, in case of conviction, Vfheri aecase tlof the proficrty of the accused. And whenever the accused is not able lif.iy bo assigned iq employ counsel the court shall assign him one experienced counsel for his defence, who shall be paid by the Confederate States a reasonable compensation for his services, to be fixed by the court, and paid upon tlie certificate of the judge. JienditioQ of i'u- ARTICLE XXXI V^ The provisions of all such acts of the Congress of g;!,ive slavfcs. i\^Q Confederate States as may now be in force, or as may hereafter be enacted for the purpose of carrying into eti'ect the provisions of the Constitution in regard to the redelivery or I'cturn ol' fugitive slaves, or fugitives from labor and service, shall extend to and be in full force within the said Cherokee Nation ; and shall also apply to all cases of escape of fugitive slaves from the said Cherokee Nation into any other Indian nation, or into one of the Confederate States ; the obligation upon each such nation or State to redeliver such slaves being in every case as com- plete as if they had escaped from another State and the mode of pro- cedure the same. Cticrokees com- ARTICLE XXXV. All persons, who are members of the Cherokee i^jkniius witssetjses j^Tjj^Jqj^j^ shall hereafter be competent as witnesses in all cases, civil and ^^ g^" " criminal, in the courts of the Confederate States, unless rendered in- competent from some other cause than their Indian blood or descent. t^xiihandereaii Ap.TiCLK XXXVI. The official acts of all judicial officers in the said f'!'" ^i?"^;/.?:'!; !?^i uation shall have the same effect and be entitled to the like faith and 1 aicf.s. credit everywhere, as the like acts oi juaicial oincers oi the same grade Autheaiieation and jurisdiction in any of the Confederate States; and the proceedings '>.T rijoords, laws, of {]iq courts and tribunals of the said nation and copies of the laws and judicial and other records of the said nation shall be authenticated like similar proceedings of the courts of the Confederate States, and the laws and office records of the same, and be entitled to like faith and credit. nxlsticg Lews, Article XXXVII. It is hereby declared and agreed that the institu- u>rat*^iuTsffard to *^^^ *^^ ^''^^^^y ^'^ ^'^^ ^^'^^ nation is legal and has existed from time Biavery, declared immemorial ; that slaves are taken and esteemed to be personal property; biadrg. that the title to slaves and other property having its origin in the said nation shall be determined by the laws and customs thereof; aad that TREATY WITH THE CHEROKEES. 48$ the slavei and other personal property of every person domiciled in said nation shall pass and he distributed at his or her death in accordance with he laws, usages and customs of the said nation, which may be proved like foreign laws, usages and customs, and shall everywhere be lield binding within the scope of their operations. AaTlOLB XXXVIIl. No ex post facto law, or law impairing the obli- No expoit /atto gatiou of contracts shall ever be enacted by the legislative authority of !;'J\"hJ^«b"gation the Cherokee Nation; nor shall any citizen of the Confederate vStatcs, of contract's to b« or member of any other Indian [nation,] or tribe be disseized of his enacted, property or deprived or restrained of his liberty, or fine, penalty, or ^'^r- ^^^^sYib.riy S feiture be imposed on him in the said country, except by the law of the private property, land, nor without due process of law ; nor shall any such citizen be in secured, any way deprived of any of the rights guaranteed to all citizens by the Constitution of the Conicderate States. AiiTlcr-K XX XIX. It is further agreed that the Congress of the Con- Post-offioos. federate States shall establish and maintain post-offices at the most important places in the Cherokee Nation, and cause the mails to be regularly carried, at reasonable intervals, to and from the same, at the same ratc-i of postages and in the same manner as in the Coniederate States; and tlie pwtm;isters shall be appointed from among tlie citizens Appointment of /. .1 /-(i 1 V t; „ postmasters, ot the Cherokee Nation. *^ , AiiTiCLE XL. In c msideration of the common interest of the Chero- Cherokee? to kee Nation and the Confederate States, and of the protection and rights ^"■oishare^iment, , guaranteed to the said nation by this treaty, the Cherokee Nation hereby ^jr^'y*^^^'^"^ 'J'' g* ' agrees that it will raise and inrnish a regiment of ten companies of mounted men, with two reserve companies, if allowed, to serve in the armies o!" th.^ Confederate States for twelve months; the men shall be Arm?, armed by the Confede<-ate States, receive the same pay and allowances Pyy and ftllow- as other mounted troops in the service, and not be moved beyond the anccs. limits of the Indian country west of Arkansas without their consent. AuriCfiK liXl. The Cherok -e Nation hereby agrees to raise and Troops for the t'urnish, at any future time, upon the re.iuifliti(»n of the LVesident, such defence of the In- number of troops for the defence of tiie Indian country, and of the fr\l^,"tioT of'?he*c! frontier of the Confederate States, as he may fi.K, not out of fair pro- s. portion to the number of its p.jpulation, to be e'.uployed for such terms of service ai the President miy determine ; and such troops shall receive Pay and ai ow- the same piy and allowances as other troops of the s«m« class in the *°*"^'' service of the Confederate States. Article XLII. It is farther agreed by the said C«)nfederate States Chcrokee.no pay that the said Cherokee Nation shall never be required or called upon to^'op'^ri^f-.xy^e.naon , , , . X .• .1 c ii \ "1 prescQt or any pay, in land or otlierwi.-'.e, any part or the exoenses ot the present war, [^^^^^, ^^^ or of any war waged by or against the ('onfederate States. AaTiciiS Xlilll. It is further agreed tliat after the restoration of o. S to defend peace, the (>)vernment of the C )nfe..ler.ite States will defend the fr'.ntiersuf tho In- tVontier-s of the [nliau country, ((f wh-ch the Chcn.kee country is a part, ;|;;|^ .f/c'for^s a«d And hold the torts and posts therein, with native t'-oops, recruited ain.mg p„Bt8. the several Indian nations included therein, under the command of oiTicers of the Confederate States, in preference to other troops. AilTlOE XiilV. [n order to enable the Cherokee Nation to claim its Do' a-atc i* Con- rights and secure its interests without the intervention of counsel or b'"^'«8- agents, it sh til be entitled to a delegate to the House of Representa- tives of the Confederate States of America, who sha^il serve for the term of two years, and be a nitive born citize;i of the (/herokee Nition, over twenty-one years of age, ami laboring under no legal disability by the law of the said n ition ; and each delegate shall he entitled to the same rights and privileges as miy be enjoyed by delegates from any f'erritories of the Confederate States to the said Mouse of H.^pre.?enti- 404 TREATY WITH THE CHEROKEBS. tives. Each shall receive such pay and mileage as shall be fixed bj the Hirst election for Congress of the Confederate States. The first election for delegate Jdegafe. shall be held at such time and places, and shall be conducted in such manner as shall be prescribed by the Principal Chief of the Cherokee Nation, to whom returns of such elections shall be made, and who shall declare the person having the greatest number of votes to be duly elected, and give him a certificate of election accordingly, which shall entitle Subsequent dec him to his seat. For all subsequent ekctions, the time, places and maa- '***"^- ner of holding them, and ascertaining ;.nd certifying the result, shall be prescribed by the Conlederate States. Debt due by the ARTICLE XLV. It is hereby ascertained and agreed between the fL S. to the Cher-pfji-tigg ^o this treaty, that the United States of America, of which the Confederate States of America were heretofore a part, were, before the separation, indebted, and still continue to be indebted to the Cherokee Nation, and bound to the punctual payment to them of the following sums annually on the first day of in each year, that is to say : It was agreed by the tenth article ot the treaty of the twenty- ninth day of December, A D., one thousand eight hundred and thirty- five that the sum of two hundred thousand dollars should be invested by the President of the United States, in some safe and most productive- public stoi-ks of the country for the benefit of the whole Cherokee Nation, in addition to the annuities of the nation theretofore payable, to consti- tute a permanent general fund, and that the nett income of the same should be paid over by the President annually to such person or persons as should be authorized or appointed by the Cherokee Nation to receive the sunie, whose receipt should be a full discharge for the amount paid to them, the same interest to be ap{ lied annually by the ctjuncil of the nation to such purposes as they miaht deem best for the general interests of their people; and it was agreed by the eleventh article of the same treaty, that the permanent annuity of ten thousand dollars of the Cher- okee Nation should be commuted lor the sum of two hundred and four- teen thousand dollars, and that the same should be invested by the Pres- ident of the United States, as a part of the said general fund of the nation, which thus became four hundred and fourteen thousand dollars. And it was agreed by the tenth article of the same treaty, that the President of the United States should invest in some safe ond most pro- ductive public stocks of the country, the further sum of fifty thi-msand dollars, to constitute a j»ermancnt (Vidian's fund ; and that hesho^ild jiay over the nett income of the same annually to such person or persons as should be authorized or appointed by the Cherokee Nation to receive the same, whose receipt should be a full discharge for the amount paid to them; which nett annual income should be expended towards the sup]iort and education of such oiphau children of the Cherokees as might be destitute of the means of subsistence And it was agreed by the tenth article of the same treaty, that the further sum of one liundied and fifty thousand dollars should be invested by the Pre'5.000.) In six per cent, stofk of the State of North Carolina, twenty-one thou- sand dollars, (021,000.) 405 TREATY WITH THE CMEROKEES. In five per cent, stock of the State of Pennsylvania, four tbonsaiui dol- lars, (84,000.) In six per cent, stock of tlie State of tlie South Carolina, one thousand dollars. (Si, 000.) In six per cent. stock of the State of Tennessee, seven thousand dollar?. ($1,000.) In the United States six per cent, loan of 1847, five thousand eight hundred dollars, ($5,800.) And in six per cent, stock of the State of Virginia, one hundred and r thirty-five tliousand dollars. (Si -35,000.) Mfdcinof the whole capital so invested, of the said permanent school fund, one hundred and ninety-.seven thousand eight hundred dollars, the nett annual income of whei'eof was and is eleven thousand eight hundred and foi'fy-eight dollars. All of whi(di stocks the said United States now and do still continue to hold, or ought to have, in their hands. Intsrcst due on And it is also herehv ascertaineil and agreed between the parties to this ?,?ri"°?ir^°r! treaty, that there will l.e due to the Cherokee Nation on the first day of thereof, eianuaiy, m the year of our l.ord, one thousand eight liundred and sixty- two, for and on account of tlie said annually accruing interest on the said principal sums, and of arrearages thei-enf, tlie sum of sixty-five thousand six hundred and forty -four dollars and thirty -six cents, as follows, that is to say: For the instalments of interest on the permanent general fund, as in- vested, for .luly, 1860, and .lanuarv and July, 1861, forty-three thousand three hundred and seventy-two dollars and thirty-six cents, (.$43,372 36.) For the instalments of inter^i^t on the permanent orphan fund, as invest- ed and uninvested, for -July, 1860, and January and Jul}-, 1861, four ihou- sand five hundred dolIars,\S4.500.) For the instalments of interest on the permanent school fund, as invested, for July, 1860, and January anVl July, 1861, seventeen thousand seven hun- dred and seventy-two dollars, f Si 7,772.) And it not being desire>r erate States of America do hereby assume the payment for tlie future of the future, of the , , . , . , • „ „ i ' • , -, ,, pi interestandarrear- *^he annual mtere.st on the said sum ot nve thousand dollars, part of the ages. permanent orphan fund, which was never invested, and on so much and such parts of said principal sums as, having once been invested, may now be in the hands of the United States uninvested ; and also of the annual intei'est on so much and such parts of the .said several principal sums as may have been invested in stocks of the United States or in the bonds or stocks of any of the States other than the said Confederate States; and do agree and bind themselves regularly and punctually hereafter, on the first day of July in each and every year, to pay the same ; and they do also agree and bind themselves to pay to the treasurer of the Cherokee Nation immediately upon the complete ratification of this treaty the said sum of sixty-five thousand six hundred and forty-four dollars and thirty-six cents for such interest and arrearages now due and whicdi will b« due on the first day of January, A. D., one thousand eight hundred and sixty-two, as are above stated. Algo tlio duty of And the said Confederate States of America do hereby assume the duty (toUectiagandpay- f^y^^] obliffation of collectiner and payinaf over as tiusfee-; to the said Cher- ing over the money ■, ^y 7. ,, „ ' 1 ■, ■- , , ^ , i j -i accruino- from the '^^^'^^ iNation ail sums of money not heieoy agreed to be assumed and paid bonds of the States by them, accruing whether from interest or ca])ital of the bonds of the of this Coafodera- several States of the Confederacy now held by the Government of the TREA.TY' WITH THE CHEIIOKEES. 407 United States as trustee for the Cherokee Nation ; and the said interest c li«ild by the u. and capital, a>^ collected, shall be paid over to the said Cherokee Nation.^- ^^ trustee. And the said Confederate States will request the several States of the ^ R°l^!,''_^j^>J»^^l^« Confederacy whose bonds are so held, to provide by legislation or other- f^^j^^ ' j', ^^^ wise that the capital and interest of such bonds shall not be paid to the tlioir said bondy ti) Government of the United Srates, but to the Government of the Con fed e- 'i^^ C. S., in tru«^ rate States m trust tor the said Cherokee Nation. » Nation. And the said Confederate States of America do hereby guarantee to the The C. S. guar said Cherokee Nation the final settlement and full payment, upon and after antee to 'ho uber- the restoration of peace and recognition of their independence, as ^>f 'hdtts ^^^^^^^^^^^'^^^j ^'^'^j in good faith and conscience as well as in law due ;iiid owing on good and payinwut ol all iL« valuable consideration bv the said Confederate States and other of the principal autns »>f United States jointlv before the secession of any of the States, of any and ["^^"u^^yf"* ^'"™ all parts of the said several principal sums of money wdiich may have remained uninvested in the han.. one thousand eight hundred and thirty -five, the United ^-^^ *<* "'*^ ^'-^^^ States of America, in consideration of the sum of five hundred thousand"' dollars, part of the of the sum of five millions of dollars agreed by that treaty to be paid to the Cherokee Nation for the cession of all their lands and possessions east of the Missis-jippi river, did covenant j»nd ajjree to convey to the Cherokees and their descendants by patent in fee simple the certain tract of laiul between the State of Hissouri and the Osage reserva- Boundaries, tion, the boundary line whereof it was provide«l should begin at the south- east corner of the said Csaii;e reservation and run north along the cast line of the Osage Ian Is fifty miles to the northeast corner thereof; thence east to the we-., one thou-^and eight hundred and forty-six, was nego- with tbr<- panics, tialed and concluded with the United States, by three several parties, that to wit: the Chcro-jg jq g.^y^ t{,y Cherokee Nation, by delegates appointed by its constituted "freaty'?arty"a^nd''^"^'-'^'''^'^^? *'''^^ poition of the nittion known as "tlie treaty party," being the "western Cher- those wlio made and those who agreed to the treaty of the year one thou- okee? (;r "'f.Msut- g;jfi,] eight hundred and tliirty-fivc ; and " the western Cherokees," or " old ^^^''•" settler.s," being those who had removed west j)iior to the date of tliat treaty, ami were then residing there. That the said three parties, by their delegates, after tlie niakiug of the said treaty, of the year one thousand MotK-v borrow- ^'o''"^ hundred and forty-six, borrowed from Corcoran and Riggs, bankers ed by 'the three in the city of Washington, the sum of sixty thousand dollars, upon agree- parties troia Cor- ment endorsed by the Secretary of War, by wliich the same was to be ooran ^«'^ |^'?rg'*' repajj witH interest, when the moneys payable under said treaty should i>ankor.- o! Wasn- t ' . ' i, •,"'*. ^ n ^^ jiii i ingtoD ciiy. be ai)propnated, as follows, that is to say ; twcnty-hvc thousand dollars t)y the treaty party, twenty thousand dolhns by ihe western Cherokees or old settler party, and fifteen thousand dollars by the Cherokee Nation. Apt.r.-(.ri;i'/ioaofThat at the session of Congress m-'.xt after the making of tlsat trealy, the moneys paid under g^,,^ ^f twenty-seven thousand dollars, for the Cherokee Nation, was appro- ^ ^^■•^•^- priated under the eighth aiticle of the same, and the sum of one hundred thousand dollars, under the sixth article, for the treaty ])arty; but no ap- propi'iation was made for the western Cherokees or old settler party, nnder the fourth article, (whereunder only any moneys were payable to them,} the amount due them, and which was to be wholly i)aid per capita, nnder that article, not having as yet been ascertained ; that consequently the sum bori'owed as aforesaid, with theai^crned interest, was repaid out of the. two appropriations afoiesaid, one half of the piincipa! and interest which sliould have been paid by the western Cherokees or old settler party, being deducted from and paid out of the appi'opriation made for each of the others; and there being thus paid,, out of the moneys so appropriated under TREATY WITH THE CHEROKEES. 409 the eighth article, for \arious purposes, for the whole nation, over and above its proportion, the snin of ten thousand three hundred dollars; and out of the moneys appropriated under the sixth article, for those of the treaty party who had sui^tained losses and damage in consequence of the treaty of the j'ear one thousand eight hundred and thirty-five, over and above the proportion of that party, a like sum of tein thousand three hun- dred dollars. That when afterwards the amount ascertained to be due to the western Cherokees or old settlers, under the fourtli article, was ajipro- priated, the whole amount was paid to and distributed among tliem per capita, and no part of the sum so advanced for them, out of the other and previous appropriations, was reserved, nor has any part, thereof whatever hitherto been re-imbur.sed to those entitled to receive the sume, by the western Cherokees, or by the United States, or otherwise howsoever. Therefore, it is further hereby agreed' that the Confederate States will Pjij-mcntsngroed pay, ui)on the ratification of this treaty, to the Cherokee Nation, the sum ^ J^*' tnHde by the ' . • ' , , ,, , 1 1 1 II J -n I • . 1 1 C. b. to be distribu- ot ten thousand three hundred dollars; and will a'so appropriate and place ,p,| amonj,' the in the liaiids of the agent for the Cherokees tlie fnrtlier sum of ten thou-tlnimams of this sand three hundred dollars, to be distributed among the claimants of the*'"**^^ pa'ty* treaty party, provided for by the sixth article of tlie said treaty, or tlielr legal representatives under the laws of the nation, in such ]>roportions as it shall be certified to him by Stand Watie, the only surviving member of the couimittee of five, appointed under that article to audit such claims, that it ought, in accoidance with the allowances made by tlie committee, to be (listributed among them. And it was agreed by the said eighth article of the said treaty of the Payment for year one thousand eight hundred and i'orty-six, that of the sum of arms t;.kin from tweuty-seyen thousauddollars, provided thereby to be paid to the Chero- *''^° Cherokeca. "kee Nation, the sum of five thousand dollars should be equally divided among all those whose arms were taken from them previous to their removal west, by order of an ofiicer of the Ignited States, and of that sum of five thousand dollars, three thousand three hundred dollars was applied to the payment in part of the proportion of the money borrowed as aforesaid, due by the Western Cherokees or Old Settler party ; and as the auth(u-ities of the nation declined to receive the residue of said sum of five thousand dollars, it being but one thousand seven hundred dollars, and that residue never was paid by the United States, and still remains due by them, — Therefore, it is hereby further agreed, that the Confederate States will also pay, upon the ratification of this treaty, to the treasurer of the ('herokee Nation, the further sum ot one thousand seven hundred dol- lars; making, with the said sum of ten thousand three hundred dollars, the sum of twelve thousar.d dollars; and that out of the sume, the sum of five thousand dollars shall, by the authorities of the nation, be dis- tributed among those persons, and their legal representatives, whose arms were taken from them as aforesaid : and that any part of that sum finally remaining undistributed, together with the residue of seven thousand dollars, shall be used and ajiprojiriated in such aianner as the national council shall direct. AllTiri': h. It is hereby further agreed that all claims and demands Th« C. P. to aa- against the Government of the United States in favor of the Cherokee ^"'"* •''''^''•^'^^'''' Nation or any part thereof, or of any individuals thereof, and which "j','^"Jf ''J!^,','pg*^*f have not been satisfied, released or relinquished, arising or accruing all c'siims nnd'de under former treaties, shall be investigated upon the restoration of peace, "'•""^^ <>f the Che- and be paid by the Cimfcdcrate i^tates, which do hereby take the place |/ "** "gainst t ■• of the Unitcil States and assume their obligations in that regard. Airrici.K LT. It is further agreed between the parties that all provi- Certnin provis- sions of the treaties of the Cherokee Nation with the United States, '""^ "'" ^'"""*"** 410 TREATY WITH THE CHEROKEES of the Chorok ee whicli secure Or guarantee to the Cherokee Nation or individuals thereof Nation with the U. .^^^^ rights or privileges vrhatever, and the place whereof is not supplied foTCb. by, and which arc not contrary to the provisions of this treaty, and so far as the same are not obsolete or unnecessary, or repealed, annulled. changed or modiSed by subsequent treaties or laws, or by this treaty, are and shall be continued in force, as if made with the Confederate States. Oneyoatb, ana- Akticle Lil. In further evidence of the desire of the Confederate tive of the cbero- gtates to advance the individual interests of the Cherokee people, it is be^se'let-'teT'anmi- further agreed, that the delegate in Congress from the Cherokee Nation ally, to be eiluca- may, with the :ipprobation of the President, annually select one youth. tedat any military a native of the nation, who shall be appointed to be educated at any ^^Ex'tcnsiutf of the lii'-lit'^'T schaol that may be established bj' the Confederate States, upon privil'i^e to the the same terms as other cadets may be appointed. And the Confederate Ch c t ii w and States also agree that the same privileore shall be exercised by the de\e- Creek'^TnY sli!\" S****^ ^''^"^ <^he Ohoctaw and Chicka^iw Nations, and the Creek and nole nations. Scininole Nations, respectively. Gener.il amnestic ARTICLE LIII. A general amnesty of all past offences against the decl .red. Iav7s of the United States, and of the ( jonicderate States, committed in thc Indian country before the signing of this treaty, by any member of the Cherokee Nation, as such membership is defined by this treaty, is hereby declared; and all such persons, if any, whether convicted or not. impri- soned or at large, charged with any such offence, shall receive from the President full and free pardon, and be discharged. Whenithis treaty ARTICLE LIV. A general amnesty is hereby declared in the Cherokee to take effect. Nation; and all offences and crimes committed by a member or members of the Cherokee Nation against the Nation, or against an individual or individuals, are hereby pardoned ; and this pardon and amnesty shall extend as well to members of the nation now beyond its limits, as to those now resident therein. Article LV. This treaty shall take effect and be obligatory upon the contracting parties, from the seventh day of October, in the year of our Lord one thousand eight hundred and sixty-one, whenever it shall bo ratified by the CTcneral Council of the Cherokee Nation, and by the provisional President and Congress, or the President and Senate of the Confederate States ; and no amendment shall be made thereto by either, but it shall be wholly ratified or wholly rejected. In jjerpi'Anal festimon^// ichrrei:/, the said Albeit Pike, as Comiriissioner, with plenary powers, on the part of the Confederate States, dotli now hereunto set his hand and atlix the se.al of his arms; y' ) and tlie said Principal and a'^sistant Prin<',ipal Chiefs. Exec- j '^ '^' '• c utive Coun<;illors and Special Coiumissioners, on the part of ^'^^' ^ the Cherokee Nation, do hereunto set their hands and aflix their seals. Thus done and intendianged in duplicate, at the place, in the year and on the d.ROWN, THOMAS PEGG, ExevKtiiJc Councillor. Comnn'Huioiirr C. N- JOHN L»REW, RICHARD FIELDS, Executive Councillor, Commi»Bioner C. N. TREATY WITH THE CHEROKEES. 411 Signed, sealed and delivered in presence of us. WM. QUESENBUliV, Secretnry to the Coiiiniisiioner. E. RECTOR, Stipen'nl'iifie»( Iiulinn Affnirg Oonfede- riitc Sin tea. w. warrf:n jr)iiNS0N, ^ GEO. M. MURREI.I., RATIFICATION. Dec. 1 1 , 1 86 1 . i2fso/(i«/, (Iwo-tliirds of the Conjjreps concurrinf;,) Tli;it the Conirres? Patification by of the Confederate States of America do advise and consent to the rati fi- Congress, cation of tlie articles of a treaty made by Albert. Pike, Commissioner of Confederate States to the Indi;in Nations west of Arkansas, in behalf of the Confederate States, of the one part, and the Cherokee Nation of In- dians, bv its l^rincipal and Assistant Principal Chiefs, Executive Coun- cillors and Commissioners, for that purpose only, authorized and empow- ered, of the other part, concluded at Tahlequah, in the Cherokee Nation, on the seventh day of October, in the year of our Lord, one thousand eight hundred and sixty-one, with the following AMExVDMENTS : Amendments. I. Add at the end of article xx.w. the following words: " And the Con- federate Slates will request the several States of the Confederacy to adopt and enact the provisions of this article, in respect to suits and proceedings in their respective courts." II. Strike out from article xliv. the following words : "The same rights and privileges as may be enjoyed by delegates fiom any Territories of the Confederate States to the said House of Re))resentatives," and insert in lieu thereof the following words: "A seat in tlie hall of the House of Repre- sentatives, to propose and introduce measures for tlie benefit of the said nation, and to be heard in regard thereto, and on other questions in which the nation is jiarticularly interested ; with such other rights and privileges ns may be determined by the House of Represenativos. III. Strike out from article xxxiii. the following words; " or of a State,'* and insert in lieu theieof the following words: "or of a State, subject to the laws of the State." Note. — Tbe foregoiug amccdmcnts were eubpcqurntly conc«rre[)eiil or w it of error, to the suprcnae oou-l of the Confederate States, , 85 bond given for appeal, &c., to romaia in force, 85 writs of error ')r appeal lie to thu supremy court from ju.lgiaents remlered in cau'cs pending in the courts of (he Uniceil States at the lime of the secession o*' the States, 86-S7 appeal to the Attorney G'ineral from de usion of Commissioner of Patents, 138 proceedings on appeal, 138 no appeal allowed from decisiuu of ex- aminer of patents 145 from juilgments and decrees of the district court in actions, Sec, under the patont laws to the supreme court, 141, I4i5 transfer of appeal or writ of error from dis- trict court to the supreme court, v. a';rt3 t>ie judge of the distrit^t court rendered the dei'isiiin app -aied from, 156 furiher time all. appointed during recess of Congress 7-1 of i;teri>ir officers to ho made by the Presi dour. 75 ', of all -ifficers, civil, mililnry and naval, to '^ be made by the Pre.>-ideut during the re- ces^s of Congress 89) to the rank of <;tneral made by selection ] from the anny 115 ', Pr»Nideiit authorized to continue appoint- \ nients by him in the military and naval i service, 1 16,217 .' of officers of the navy of the United States / to the same rank and position in the n«vy '• of the Coufeilerale Stales.* 121 / officers of certain State troops turned over ) to the Confederate States to be :i,ppoint.- '■ ed, Ac. as heretofore, 223-324;'. of additional "llieerr^ in the n;ivy 229 \ when appoinlmonts to terminate, 229 ^ of certain «ssi.-^taut •ecrctaries made execu- '.' live appointment? 241^ of officers of the rcj^ular navy to a higher ', grade may bo made withDUt prejudice to \ their position under oris'iu.'il appointmwit, 242 'j of persi.us as field officers or capt.'uus to > raise re^iuientc, squadrons. the support of t»e pr .visional t'i)roe.« CO i\)r the public defrriic, and lor tbo pay, mb- sislcnee and transportation of vuluntecr forces, t)l for th'i legislative, oxecutivo and judicinl expenses of the Govorument for the year ending Tobruary 4th, 1862,... 63-65 ' ApproprintionD, (contimie d,) lor the custom-houses at New Orleans and Charlcswn, and for fitting up rooms for the court and clerk's office at Kew Or- leans, 68 for the navy, for the year ending February 4th, 1862, 69-70 For salary of auditor of (he treasury, 87 for the purchase of ordnance and ordianco stores 83 for the Post-Oliiic Department for the year ending ending March Ist, l.'^G2 88 to supply tleli-'itnces in the revenue of the PostOffii'e DepartHieat, 88 for the scrvieo of the bureau of Indian Af- fairs 89 acceptance by Cr the library of the Patent-Office, 14-1 for the pay of additional officers. Ac., i.f the marine corps, and tor the additional elotliiug snd subsistence of the noncom- missioned officers, musicians and privates for the year ending February ISth. J8H2,. 150 for pay of officers if the United Stales navy who have resigned and whom it is pro- posed to add to the u»v? of the Conledo- rate States, IS," hpeeifie appropria'ioiis lor ttie navy tor the year ending February 18ih, llS(i2, 165 to d-.'fray the expenses of removing the scat of (J.tvcrnment from Moutgcfmery to Richmond 161-162 act of 1861, Maicti 15, making appropria- tions for the support of the navv, amend- ed ■. 172 for the pay o( officers and others at tho navy yard at ^Norfolk 172 to aid the people .lud Stale of Missouri 173 for the C'lnstructiou of a machine generally known as '■' Winau's Gun," 174 for the services of physicians eaiployed in coujunetion with the medical •taff of the arm;, 186 for the piy of nurses and cooks ibr the niili:.iry servi-e 186 for the public defe co for the year euding February 18th, 1862 187 for Miiliiarv hos[ii'-ils for the year ending Febrniry IHth, 1862 .". t 187 for the President of the Alabama and Flori- da railroad 'Oinpanj', being difference in duty on r..ilro;id iron, 188 for the expenses of the Government in tho legislative, e.iecutive and judicial depart- ments, for tho year ending February ISth, 1862, 190-191, 230-231 IT INDEX. Appropria'iofis, (continued,) to carry inio effect " An aet'to anthorlze the iesue of treasury notes and to provide a ■w;ir tax for their redemplion." and for other purposes, add tional appropri ttinns for the navy for the year ending Ptliruary 18ih. 1S62, further ap ropnat ons to supply deficiviicies in the revenue ef the Post Office D'part- ment during the year ending February 18ib, 1862,...„ for tbc Ciiustruction of additional ijuuboats for the purchase of a steamer and mi:itary Buppliu'S for the trant x- pen e of the public printing up to Feb. ]8:h, 18(52....... for dilating deieroea of the western livers... for the pay of the navy ou and off duty, seau.cLi, .tc, to April Is', I8f)2 for pay of b ■uuty and traiibportation under the act fi'T the re enliHiuieni of twelve months men for expenses und.r ihe a't for recruiting, pLisedDiC. 19ih, 1861, for salary of Aa-istant Secreiary < f W.^r, o April 1st, 186^ to J ay for i.rdiiance, ordnau' e .-tores an I en'-ipine t-. and for the defences of the Missis.-ippi river, 252- for ru.Lting i;ad organizing troops in Ken- tucky, and supplying the same with cluthiug. Ac, to pr vide coin for the Government to pay in er<,->t due the ban a at Mem- phis, 257- to Connect the Hiohmond and Danville with the Norih (Jaruliiia railroads...... to jiay the interest duo the Ch'ictaw nation upon st.ocUs of the State of Virgiuin, for the expenses of the Government in the legislative, executive and judicial depart- ments, from February 18th t" April 1st, 1862, and for ofber purposes 268- to pay the .>tate of South Carolina on .ac- count of her claims against the Confede- rate States, , Arizonn Terrilori/, temporary government for, established bouudaries, , power to diviie the territory, reserved...... institution of slavery in the territory to re- ceive protec: ion,. right of certain Indians not t 242;. 243' zona Territory, fcoBtinued,) when secretary to act as Governor, 243 legislative p'lwer, in whom vested, 243 legislative assembly to eon ist of a Council and House of Representatives; how com- posed, 243 apportionment for the election of members of Legislative Council. Basis of appor- tionment, 243 aiciubers of the Council and House of i>ep- rcseiiiaiives ; whereto reside, 243 Governor to regulate first elect! in for mem- bers 243 time, place and manner of holding elec- tions 243 ccrLificute oi election 243 anoiher tlectiun ordered where there is a failure to elect, or to fill a vacancy 243 termc of sessions limited 244 proceedings to be in the Knglish language,. 244 qualifications of voters, , 244 no pers'in belonging t.> the army or navy to vote in the territory, not being a citizen thereof, 241 extent ot les^ishUive pnw r 244 power of the Council and IIou.arshal to bo apji^inted; his dulies and compensation, 246 governor, secretary, chief and associate justice?, attorney and marshal to be ap- pointed by the President, 246 each to take official o .ths, ?46 salaries; to be paiti quarterly, 24S INDEX. Arizona Territory, (continued.) compensation of members of the Legislative Assembly, 246 contincrcnt expenses of the Ttrrilory, 24C when Legislative Assembly to bold its ses- sioas, 247 peat of Government, 247 delegate to House of Representatives of the Confederate States to be cleeted, 247 time of electing the delegate, 247 , his mileage and pay, 247 Governor may defiae the judicial districts and assign the judges to them; and ap- point the times and places of holding the courts, subject to the corUrol of the Leg- islative Assembly, 247 Constitution and laws of the Confederate States extended over the Territory, 247 provisions of this act suspended till the President shall issue his proclamation and appoint the officers, 247 Arkansas, admission of, into the Confederacy, 120 to constitute two judicial districts, 152 cession of certain .arsenals of, 154 A rmorers, enlistment of master armorers for ordnance service; their pay, 50 appointment of mastcf armorers 188 salary and allowances, 188 A rmorifis, superintendent of, to be appointed 1S8 salary and allowances, IS8 Arms, right to keep and bear, not, to be infringed, 3, 16 contracts authorized for the purchase, man- ufacture and alteration of, 2S President to receive from the States the arms, etc., ac how long militia to serve 45 what the volunteers to furnish, 45 to he armed by the States, 45 snbject to rules and articles of war,.... 45 to receive money in lieu of clothing, 46 accepted in companies, squadrons, bat- talions and regi/ncnts, 45 officers, how appointed, 4.') flaay be organized into companies, bat- talions, Ac, '. 45 appointment of officers for brigades and diviiions, 46 ffpjiortionment of stall' and general offi- cers, ^ 45 orj-anization and pay of the militia and volunteers ,. 45 aMowance for the use and- risk of horsts, and for horses killed in action, 45-46 when volunteers to serve on foot, 40 fielll and staff officers of a separate bat- talion of volunleors 4A additional second lieutenant to each company, 46 number of privates vaay bo limited,... . 40 additional officers, and w'lon and by whom appointed, for the qnirterm.aster's, corn- missiir^'s and medical departments, 4G establishment and organization of the army, 47, 114 corps of engineers, 47, T15 company of sappers, miners and pon- toniers; officers 48 duties of the otlicers, 48 duties of colonel of the engineer corps, 48 corps of artillery 48, 138 regiments of infantry, ...43, 114 regimwk of c.ivalry, , 48^ 114 brigadier generals and their aids-de- camp; their duties, 48, 62 term of enlistment of the rank and file, 48 examination of officers, 48 how vacancies filled in established regi- ments and corps, 48 promotions to, and including rank of colonel; how made, «r.48-49 brigndier generals to be selected from the army, •. 49 appointment of subaltern officers, 49 pay of officers, 49 additional pay of commissioned officers and of United States officers who have or may resign, 41.. 49- 50 • fbe pay of officers to be in full of all allowances except forage, fuel, Ac.,.. 6C allowance of forage, fuel and quarters; how fixed and furnished, 50 may bo commuted, 50 mileage allowed officers, 50 forage allowed officers of the army in time of war, ."SO in times of peace, 50 no enlisted man to be employed as a servant, 50 pay of enlisted men, 50 enlistment of master armorers and others for ordnance service; their pay, 50 VI INDEX. ^rw?/, (continued.) rations of enlisted men,.. clothing, rations to be issued in kind; commuta- tion value fixed, officers to perform all military duties to which they may be assigned Secretary of War to prescribe rules for the general government of the army, quartermasters and commissaries to give bond, not to be concerned in certain pur- chases or sales, rules and articles of war of the United States declared to be of force, amendment of, only such troops as are needed to be called into the service, one brigadier general added to those heretofore authorized, may be assigned to the duty of ad- jutant and inspector general, commissions to officers of the United States army who have resigned and been appointed to original vacancies in the army of the Confederatfl^Btates, to bear oue and the same date, oath prescribed for officers, non-com- missioned officers, musicians and privates, increase of the military establisbmcnt, rank of " general " established as the highest military grade, on what general officers conferred, assignment of general officers to com- mands. Their pay and allowances,.... aids-de-camp, appointments to the rank of gener.al, increase of corps of engineers, increase of quartermaster gerloral's de- partment, increase of the medical department, xnilitary storekeepers; their pay and al- lowances djk. quartermaster sergeant and ordnance ser- geant added, hospital stewards; pay and allowances,.. State cadets to be attachtd to companies as supernumerary ofEcers, with the rank of cadet, monthly pay, ^ competency for promotion, assignment of officers to staff duty,..,.... bounties to enlisted men, additional company of sappers and bom- badiers, , vehicles, arins, pontoons, &c., for the service of said compsuoy, monthly pay of the officers and pri- vates, allowances to the commissioned offi- cers, and forifge, rations and allowances of enlisted 50 ; 51 I 51 ' 51 ; 51 i 51 J I 51 / 51 / 51 I 62 ') I 62 \ 62 I 115 men,. when subaltern of the line may be assigned to the duties of adjutant, certain battalions of volunteers allowed two lield officers, assistant adjutants general may be appoint- ed for volunteer forces, commissions to ofScers to raise and com- mand volunteer regiments, &c., of per- sons from Kentucky, Missouri, Maryland or Delaware, 170 > 174 ( Army, (continued.) President authorized to employ the militia, military and naval forces, and to ask for and accept volunteers, 176 to be organized under the act of March 6, 1861, 176 pay and allowances and time of service, 176 volunteer troops in the State of Missouri may be received and mustered into the service in companies, Ac, with their offi- cers, , ,..". 181 may be attached to brigades or divis- ions, 184: appointment wf field officers, 184 organization of battalions into regi- ments, 184 vacancies amongst cojpmissioned offi- cers ; how filled, 184 volunteers for local defence and special ser- vice. ^QQ Local Defence, fua.A, 186 dmrease of the corps of artillery, 188 appointment of superintendents of armo- ries and master armorers, 188 aids-de-camp for President's personal staff, 188 additional sergeant allowed each company, 188 clothing for the army, 196 civilians may be appoint^ as staff offi- cers, 171, 209 appointments of adjutants of regiments and legions of the grade of subaltern, 209 reception and forwarding of private contii- butious for the army, 209 officers to affix signature of President to commissions in the army, 222 chief bugler or principal musician to each regiment, .• 222 re-organization of troops re- volunteering or re-enlisting at the expiration of their present term of service, 22.5 vacancies filled by promotion, 223 vacancies in the lowest grade of com- missioned officers, filled by election,. 223 . officers of certain State troops turned over to the Confederate States, ap- pointed, &c., as heretofore, 223-224 rank and pay of certain officers who com- menced service before receiving their commissions, .'... 225 recruiting and enlisting men for companies reduced by death and discharges, 226 company commisssioned officers to be detailed for this duty, 226 appoiiJtment of officers of engineers. Num- ber, rank and pay, 237-238 temporary rank and command on officers of the army on duty in the several bureaus of the adjutant and inspector general, chief of engineers and chief of ordnance, 238 enlistment of men for tempori^y and spe- cial service on the western waters. Offi- cers ; pay and allowances, 241 appointmentof major general and brigadier general to the command of troops in Mis- souri; pay; staff,, 247 to be assigned "to the duty of raising, Ac, the foAjes in said State, 248 persons may be appointed and commission- ed as field officers or captains to raise regiments, squadrms, companies to bo recruited, 254 5 to what number comjianies may bo re- ' cruited, 25i ', when the recruited men of one compa- ) ry may combine with the recruits < of other companies so as to form 5 complete coiupanies, .' 254 when recruits may be assigned toother companies 2j'J term for which militia called into the ser- vice not to apply to men drafted by the States, and furnished to the President on ) his requisition 255 / organization of Maryland Line, 270 '/ rank of commissioned officers cntinucd in '/ service by re-election, to date from the '> time of their original election or api)oiut- ',• ment, 271 '/ details of persons from the ranks to serve ^, in the offices of quart(*Liasters ijnd com- |I missarics at permanent posts and depots, 275 ; act of January 22, 1S62, providing for rais- ' ing and organizing additional troops in '; Missouri, repealed ' 277 ^ discharge of the "Lumberton Guards," 2d '/ regiment N. C. volunteers. 279 ' Arrest, \ members of Congress privileged from 2, 13 '( persons under arrest or process from the > United States, continued in custody, 86 't Arsenals. See Forts, Arsenals and Navy Yards. ^ provision of Constitution as to places tor,.. 15 / acceptance of t'"e cession of certain ar- \ senals of the State of Arkansas, 154 ', Articles of War, ' J established by the laws of the United States, < declared to be of force, 51 ', articles sixty one and sixty-two, abrogated, 51 ] other articled substituted, 51 ' Artillery, corps of; of whom to consist, 48 ' companies of, may be equipped as light bat- \ teries, 48 ; pay of officers, 49 / companies of light ariillory may be receiv- ! ed into the service, 105 increase of the corps of, 188 appointmcul^of oflicers of artillery above , the rank of captain, in the provisional ^ army and in the volunteer corps, 249 { Aseciycru, / appointment of, at Charlotte and Dahlonc- ' ga, 192 ', bond, 192 ■ Assnyers, (continued-) oath, 132 duties, 192 salarj', 192 term of office, 192 to defrav the expenses of the assaying establ'ishment, 192 may employ workmea and inferior offi- cers, ! 192 report of proceedings, 192 subject to orders ot the Secretary of the Treasury, 192 appointment of assayer at Now Orleans. Duty; bond and oath, 2b'i to have charge of the mint editice, tiols, Ac, 25.'i '< to defray expenses of the .assaying es- 'i tabli^hment, 25;'. / compensation, 25;) > to keep in good order the buildings and " > other property, ■. ! 253 5 term of office. 25;j ) may employ workmen and inferior offi- '1 cers, «. 25;^ ) report of his proceedings, 25,''. < assayer. his subordinates, Ac, subject ^ to orders of the Secretary of the ■; Treasury, 2h'A ^ Assay Offices, J e^tablished at Charlottg and Dahlondga,.... 192 -; established at New Orleans, 253 / Atises.t7}ients, j of taxable property ; when, and by whom ■; made, 176, 225 ^ appeals from assessments, and for reduction / of double tax IT.) > list of assessments and of the amount of / tax to be furnished to the chief collector '/ of taxes, 173 ;! when list of real estate for assessment to be ;! made out, '. Ittl ; correction of errors in assessments, 182 ' cash oh hand or on deposit, subject to assess- ment and taxation, 225 securities for money to be assessed according to their value, , 225 extension of time for making assessments,. 225 Secretary of the Trcasurj' may make fur- ther extension, 225 Assessors of Taxes. Sea Taxes. ■ appointment, 178, 22r> duties, 178, 181 compensation, l»l Assistants, Assistant Attorney General, 53 Postmaster General, , 52 Secretary of State 42, 6.'J Secretary of the Treasury, bO, 31, 53 Treasurer, 57 hecretary of War, , 222 appointment of cert.iin assistant secretaries • made executive appointments, 241 Attainder, no bill of, to be passed 3, 15 Attorney Genernl, office of, created, 33 his salary, ,T 33 may appoint a clerk, .'.... 33 general duties of, 33 supervisory power over accounts of mar- shals, clerks and officers of the courts, and of all claims against thc-Confederate States, 33 m.ay increase clerical force in bis depart- ment, 53 INDEX. Attorney General, (continued ) i niav employ laborers, and appoint a mes- ; r.o , fcenj^er, ■J>J , apriciil to, from decision cf Commissioner of : Patents, liJS; proceedings on appeal, 138 j; Lis duties in relation to the publication of ' [he laws and resolutions of Cocgress, and \ treaties, 172, 277 j to appoint law clerk in Depaitajcnt of Jus- < :ice, 173 , claims for money against the Confederate ', States, and of citizens of the Confederate ', States apraiust the United States, to be iledit his office,- 199/ Auditors of the Treasury, (continued.) may send communications, relating to post-oflBee bueiuess, free of charge,... 114 appointment of clerk to sign Auditor's name, so as to frank mail matter, 252 Second Auditor. appointment, 06 duties, 66 salary, "6 clerks; their salaries, 151, 259 B. proof of Siieh claims, 199' report thereon by Attorney General to ^Jiail, . , ., , . , . „ Coneress 199^ excessive bail not to be required, 4, 16 to represent the interest of the Government '. -D«i' Bonds, :n all cases arisfng under the sequestra- ' given to answer any charge under process *ion act 205-20G from the United States Cous,ts, to bi; to prescribe uniform rules of proceeding under the said act 2W^ > Bakeries, obligatory, 36 Assistant Attorney General to be appointed His salary, '. , Atic-neyi. .See Attorney General. District xittorneys. for the court of admiralty at Key West, Firfrjda, *. 61,66^ foes of attorneys of the Confederate J to be established, 214 ^3 ■ Bankruptcy, J Congress may establish uniform laws on the subject of, 2, 14 < Banks, payment to, cf advances made by them to the Government, i 22r> appropriation to pay interest due the banks at Memphis, 257 States C7-GS;81 J ^•>-jKiin'.ment of an attorney in each section '■ „ , ^ , ^ „, " -n which a district court is held, and in Beauregard, General G. 7. '.vbich no attorliey of the Confederate '; thanks of Congress to, 163,212 ctates resides, 2%Z<.Billof Attainder, hie; duties, 263 j; not to be passed by Congress, 3, 15 coffiponsation ., 263 . Bills, claims of attorneys of alien enemies for fees / for raising revenue to originate in the Ilouse or commissions on the funds in their < of Representative*, 13 uandf 265 ,; when a bill becofljes a law, 2, 13 tj give information to receivers of property ' veto by President, 2, 13 under their control, of alien enemies, '< Bills of Execeptions, and render an account thereof 201 , ^^(^^^^ ^^^ ^^^ Supreme Court from deci- Jv.ditors of the Treasury. '^ sions of district courts in certain Indian Firat Auditor. 'i territories, 274:-27.'> appointment, 30 \ Bonds, salaries, 30, 63 \ duties, 31 J nay administer oaths, 31 ;! clerks and employees in his office and their ', Kalaries, 52, 252, 259; to audit the accounts of the Post-Offiee De- < partment, „ 113 > appeal allowed to the comptroller of ^ the Treasury, 113 <; leport by Auditor to the Postmaster < General, 113 \ to ieep accounts and vouchers and re- ( port delinquencies of postmasters,.... 113 ') 10 olose accounts quarterly, 113/ 10 register, charge and countersign , warrants, . and report such claims, 199 of citizens of the United States who have rendered postal service under the United States Government, to bo presented, veri- fied, &c., to the Post-Office Department,.. 200 oath of claimant, 200 report thereof by Postmaster General, 200 for postal service, when barred, 200 Secretary of W.ir to audit the claims of as- sistant quartoru)asters general, commissa- ries general and surgeoi s for a certain period, ; 241 oT attorneys, agents or trustees of alien enemies for fees or commissions on the funds in their hands, mayjae allowed by the courts, 265 * Clerical Force, created for the several Executive Depart- ments 52-53 maybe increased, 53 in the office of the Second Auditor of the Treasury, 151 inerease of, in the War Department, PJl-lSS in the Post-Office Department, 252 in the Treasury Department, 259 in the office of Secretary of Congress, 164 INDEX. Clerks, appointment and salaries of, in State De- ( partment,... 30, 52 ;, in the Treasury Department, 31, 62 ■; in the Navy Department, 33, 53 ', in the P. 0. Department,..33, 62, 57, 108-109 j; in the Department of Justice, 33, 63 i in the War Department,., 52 / clerical foroe in the departments may be in- / creased, 53 i in one bureau of the Post-Office Department / may be transferred to another, 67 \ clerk of court of admiraltj' at Key West, / Florida, 60^ of bureau of Indian jf\flfairs,... 6S ^ Collection Districts, tCoin, provisions in Constitution respecting, 16 couiitcrfeiting of, -may be punished by Con- gress, 14 laws ( f the United States in reference to ' coin and coinage, declared to be in force, 62 silver coin issued under the act of tha United States Congress, Feb. 21st, and March 3d, 1863, made a legal tender, ^63. foreign gold coin to pHSS current as money at certain rates, 63, 193 silver coin to pass current as money at cer- tain rates, 63 appropriations for the purchase of coin,. 237, 257 one clerk to be ;ippointed to aid each officer attached 'to the navj', 7-t ] remedj' against clerks of district courts for '^ failure to pay over money in their hands, 80 < of district courts; by whom appointed, ! bond and security, 76 ' of supreme court; by whom appointed, oath ' and bond, 83 i to be appointed to aid the First Auditor of i the Treasury, 114 / disbursing cleik for eac"h of the depart: / ments ; salary, 116, clerical force in the oflice of the Second [ Auditor of the Treasur3', 151/ Secretary of Congress may employ addi- '/ tion clerical force, 164 J in Patent Oflice ; chief clerk to give ^ bond,... 136, 143 J of district courts to transmit testimony in < certain cases to the clerks of -the State ' courts, 162 <^ of district courts to record title of books, ^ ic; fees, 158 / to transmit list and copies annually to '/ State Department, 168 i appointment of clerk to take charge of and ') distribute articles for sick and wounded,.. 170 > appointment of law clerk i\\ Department of ] Justice, .' 173 'i of clerks to commissioners to foreign na- ' tions, 186 'i of district courts to record oaths of natu- ^ ralization and ind x same. Clerk's fee,.. 190 ', clerioaJ force in the War Department, in- ^ creased, 194 i, fees of, in admiralty cases, 195 / additional clerks in the Navy Depart- / ment, 240-241 / organization of clerical force in the Treasu- / ry Department, 259 / appointment of clerk of Board of Commis- / aioners under the Sequestration Act. Sal- ^t ary, 265 ji of district court in certain Indian territo- ^ ries ; term of office, 272 ^ to act as register in chancery, 272 J where clerk's office to be kept. Com- ', peusation ; duties, 272^ 121 volunteers enftlled to money in lieu of,. ..45, 126 J Commercial Agents, of Sabine Pass established in State of Texas, Sabine Pass the port of entry for said dis- trict, 121 Collectors of Customs, to grant licenses to vessels entering waters of th^ Mississippi river, 37 manifest of cargo to be deposited with the Collector, '. 37 collector to certify' and transmit manifest,.. 37 may put inspector on the vessel, 37 penalty on master for failing to deposit manifest or refusing to receive inspector, 37 appointment of collectors; and their sala- ries, 42 to ta'-e receipts in treasury notes from the holders, ; 55 continued in office with their present sala- ries, 27, 91 to enforce the existing revenue laws against all foreign countries except the State of Texas, 92 to deliver to commanders of vessels com- mis;ioned copies of instructions to the officers and crews, 102 appointment of collector for the district of Sabine Pass, Texas,. 121 where to reside ; term of office; salary, 122 excess of fees ovep salary to be paid into the treasury, 122 decision of, as to liability to or exemption from duty of goods imported, tiual and conclusive, .-... « 135 to t3ke possession of, and sell certain un- claimed imported goods, 187 Collectors of Taxes. See Taxes. appointment, , 173 duties, 178,181 bond, 178,181 oath of office, 178, 181 to appoint assessors of taxes 173 compensation, 178, 181 propcitj^ of, bound by statuiory lien for taxes received, 181 appointment of district collectors may be suspended when State assumes payment of the tax, 226 Commerce, Congress may regulate, » 2, 14 yearly allowance of, to enlisted men of the army, 61 Secretary of War to provide and furnish clothing for the army, 196 commutation for, at what rate, 196 allowance to certain Indian troops in lieu of, 238 Oonsting Trade, vessels not enrolled or licensed may be em- ployed in, „ 38 may be appointed by the President, 65 their fees, 65 moifey obtained by fees to be reported to the Treasury Department, 65 Com7?i>ssaries, bond, 51 auditing ot claims of Commissary General, 241 at permanent posts and depQis, *.. 275 detail of persons from the ranks to serve in their offices, .'... - 275 INDEX. XI Commissary GeneraVs Department. officers in ; their rank and pay, 39, 62 5 not to assume command of troops 39 ] additional ofiicers in, 46 , bond and fecurity required, 46 ; pay and emoluments, 40 ; • how long to continue in service, 46 ' Commissary General and, his assistants not > to be concerned ia certain purchases or / sales, ~ 51 ^ clerks in,- and their salaries,- 52, 195 ) Commissioner of Indian Affairs, \ appointment, 68 J duties, 68 ■ salary, 68^ Commissioner of Patents. See Patents. [ appointment, 136 \ duties, 136 > disqualified from taking any interest in pa- I tents, 136 -■ compensation, 136, 145 / oath of office, 136 ' bond, 136 > seal of office, 136 '/ annual report to Congress 143 > may appoint assistant examiner of patents • and messenger for patent ofTOe, 199 ', Commissioners, ) Of Courts : ■', may be appointed by the judges of the dis- J trict courts, 78 < their duties and powers, 78-79, 208, 209 \ swearing falsely before, how punished 79 \ fees, 79,209 ' To the United States: \ appointment of, 92 ] duties, 92 ) From North Carolina: '/ received by Congress, 91-92 '> To examine witnesset: ^ appointment,. 266 > power to administer oaths to witnesses and I issue subpoenas. 266 ) fees, 266 i To foreign Nationn: I President to determine to what nations the ) commissioners now in Europe^ shall be ( accredited, 185 ' to appoint two other commissioners and f their secretaries,.... 185 j compensation, 185 ) Under Sequestration Act. / appointment, 215 ' duties, 205 '> appointment not to continue beyond the or- > ganization of the court of claims, 205 \ salaries ^ 205 \ shall appoint a clerk; his salary, 266 \ salaries of clerks and commissioners charged I to confiscation fund, 266 '^ power to appoint commissioner to take ex- ' amination of witnesses, , 266 | Coin7nissions, > to officers of the United States army re- ' signed and appointed to original vacan- f cies in the army of the Confederate States, ^ to bear the same date, 62 t appointment of officers to affix the signa- ; ture of President to commissions in the I army, 222 ' Coiitmittees of Congress, J judiciary committee to have such m.xtter .' printed as they may desire to lay before ' Congress, 91 Committees of Congress, (continued ) attendance of persons before committee on naval affairs, 92 printing for the standing committees, 92 couiibittee to revise the statute lavfs of the United States, 94, 164 authorized to emplo}' clerks and order . printing, 94 allowance to the committee, 164 to dcpo.sit the digest, materiala, Ac, in the Attorney General's office, I64 Common Law, to govern in the district courts in Indian territories, '....,...,...,' 274 Commutatioti, of quarters and fuel, 50 of rations, 51 Compact, ' provision in Constitution as to States enter- ing into, 4, 17 Compensation, of customhouse officers, 2'^ of President's private secretary, 29, 53, 14^* of the Vice President and heads of depart- ment, ; 29 of Secretary of State iftid clerks in the State Department, 29-30, 52 of officers and clerks in the Treasury De- partment, 30, 31,52 of public printer, 40,90 of Assistant Secfetury of State, 42,53 of collectors of the customs, 42 of State forces received into the service, or volunteers, 44 of officers in the Quartermaster's, Commis- sary and Medical Departments, 39,46 of brigadier general, and aid de-camp,. 49 of officers in the engineer corps, 49 of officers of artillery, 49 of officers of infantry, 49 of officers of cavalry ,' 49 of officers 6f the general staff, 49 of Surgeon Generjfl, 49 of surgeons and assistant surgeons, 49 additional pay of commissioned officers and of United States officers, who have re- signed or may resign, 49-50 of officers, to be in full of all allowances, except forage, fuel, &c 50 pay of enlisted men of the army,....; 50 of master armorers, master carriage makers, &c., 50 of Assistant Postmaster General, 52 of Assistant Secretary of State, 53 of Assistant Secretary of the Treasury, 53 of Assistant Attorney General, 53 of Chief of the Bureau of War, 52 of messengers in the departments and bu- reaus,.... 52, 5.3, 57, 114, 199, 210, 252, 259 of clerks in. the departments, 33, 62, 53, 194-195, 253, 259 of messenger^f the President, 53 of laborers in the departments, 53, 57, 252 of assistant treasurer 57 of draftsman in the Post- Office Department, 57 of chiefs of bureaus in the Post-Office De- partment, 57, 118 of members and President of Congress, 58 of judge, marshal, clerk and attorney of court of admiralty at Key AVpst, Fla.,.. .60-31 of officers in the commissary ganeral's de- partment, 62 xu INDEX. Compensation, (continued.) of the Secretary of Congress, Assistant . Secretary, journal clerk, reading clerk, <, doorkeeper and messenger C5 ' of extra clerk employed to enroll or engross ' the aots of Congress 65 '/ of Second Auditor of the Treasury, fi6 ' of Commissioner of Indian Afiairs, and clerk, 68 5 of naval officers 70-72, 121 / of clerk to naval officers, 74 J of seamen, 7i ■ of corps of marines, 74, 121 of judges of district courts, 76 ;' of witnesses, 79 ( of district attorneys 81 of the officers of Congress under the Pro- { •Tisional Government, defined and fixed,.. 87 : of special agents to examine custom-houses / on the frontiers, 88^ of officers of the customs, 91 / of chaplains in the army, 99, 116 ': of railroad companies for carrying the ' ^ mail, 105 / of agents of telegraph lines to be paid out '> of the Treasury, 107) of additional clerks, watchmtn, and labor- ;' ers in the Post-Office Department, 109, 252 { additional pay allowed the disbursing clerk { of the contingent and salary funds, 109 ^ of Superintendent of Public Printing, Ill ' of messenger of Superintendent of Publio i Printing, Ill ? of clerks to aid the First Auditor of the ( Treasury, 114 '/ of messenger for the Treasury Department, 114 | of generals, 115 ^ of officers added to the corps of engineers, ) quartermaster general's department and '/ medical department, 115 ' of military storekeepers, 115, 188 i of cadets, 115 ; of hospital stewards, 115 ) of disbursing clerks for each of the depart- ;; ments, , 116 ■; of officers and privates of company of sap- ', pers and bombadiers,..'. 120 > of collector of district of Sabine Pass, '/ Texas, 122/ of agents of telegraph companies charged / by the President with special duties, 124 't of commissioner and examiner of patents > and clerks in patent office, 136, 145, 199 / of members or the committee of Congress / appointed to digest the laws of the Uni- '/ ted States, 164 '/ of clerks to take charge of and distribute J ani( Ics for the sick and wounded, 170 ^ of field ofdcers and assistant adjutants gen- '^ eral of volunteer forces, 170 ^ of civilians appointed staff officers, 171, 209 ^ of law clerk, 173 < for the printing of the laws in the public / gazettes, , 172, 277 / of public printer for printing the laws, res- / olutions and treaties, 173 ' of collectors and assepsors and taxes, ...178, 181 / of additional commissioners to foreign na- / tions and their secretaries, 185 ' of superintendents of armories, 188 ', of master armorers, ; 60, 188 ) of aids-de-camp for President's personal ', staff, 1S8 { of assayers, 192 ^ of messenger in patent office, '. 199 { of commissioners under sequestration act,.. 205 ( Compensation, (continued.) of receivers under sftuxae act, 206, 263 of clerk of board of commissioners under said act, 266 of Assistant Secretary of War, 222 of carriers of electoral votes, 224 of certain officers who commenced servi^ befjre receiving their commissions, 225 of officers of the navy ordered to do duty on shore with troops, 228 of chaplains in the navy, 220 of additional clerks and draftsmen in the Navy Department, 240-241 of officers in Arizona Territory, 246-247 of delegate to House of Representatives from said Territory, 247 of cutters and trimmers in the Treasury Department, 259 as to pay and allowance of deceased sol- diers. See Deceased Soldiers, ajid,... .275-276 Comptroller of the Treasury, appointment, , 30 salary, 30, 53 duties, 31 clerks and messenger in his bureau, and their salaries, 52, 259 Confederation, ^ no State to enter into, 16 Confiscation, of property of alien enemies. See Sequestra- tion, and, 201-206, 260-266 Confiscatio7i Fund, salaries of commissioners and clerks under the sequestration act to be changed to,.. Congress, to consist of Senate and House of Repre sentatives, shall assemble at least once a year, and where, 12, 19 each house shall judge of election, &c., of its members, 13 majority of each house a quorum, 13 smaller number may adjourn daily, and en- force attendance of absentees, !•'> may make rules, punish or expel members, 13 journal to be kept and published, n yeasandnays; how called, 13 power to adjourn either House, and to ■^h.ni place, lo State Legislatures to prescribe time, place and manner of holding elections, 12 liable to be altered by Congress, except as to time and place of choosing senators,... 1 2 powers granted to, 13, 14, 15, 16, 18, 21 may make laws to execute powers, 15 what it cannot do, 15, 16, 22 may fix time of choosing electors, 18 to be the same throughout the Confederate States, IS may provide who shall act in case of death, removal, resignation or disability of pres- ident and vice-president, IS May vest appointment of inferior officers,... 18 may declare punishment of treason, 20 attainder not to work corruption or forfeit- ure, except, &c., 20 may prescribe authentication of acts., Ac, of tetates 20 may prescribe regulations for property of Confederate States, 21 " may assent to formation of other Stj^tes,... 20 may summon a convention to consider amendments proposed to Constitution,.... 21 bound by oath to support Constitution, 22 266 11 INDEX. xm Con;.p-ess, (contii)ticcl.) powers not granted to, reserved, 22 members of ; their compensation, 13 ]irivileges frowi arrest, except, Ac.. ,... To not to be questioned elsewhere for words in (U'bate, A 13 T^B to be appointed to certain civil offices,.. IZ ]^fsons holdiiio; offii-e under Confederate Stales not to be meuibers of, 13 reprcscntu.tion ; how apportioced, 11,123 Congress under the Provisional Governmc-nt to prescribe the time for holding election of President and Vice-President, meet- ing of the electors, &<"., and time for holding first election of members, 22 / how long under provisional Constitution to exercise power, 22 vote of, on the question of the adoption of the Constitution, 23 pay and mileage of members and i-res-jdent of, /. 58,276 how mileage allowed to members, computed, 107 compensation of secretarj-. assistant secre- tay, journal clerk, reading clerk, door- keeper "and messenger, 6.) compensation of extra clerk employed to enroll or engross the acts, C.i preservation of records of. ftO disbursemer. t of contingci^t fund, '.'5 provision for the auditing and paying of certain claims against, Ob printin;;' for, Ill basis of representation in, 123 election of senators for the First Con- gress, 187-188 endorsement by member of Congress of his name, not to subject him to increased postage, 200 certain moneys placed to the credit of con- tingent fund of, , 214 aceounts agsiust, payable out of its contin- gent fund, 215 proclamation calling an extra session 219 organization of first meeting under the per- manent Constitution. Duties of the Vice- President and President of Congress under ihe provisional Government in ef- fecting such organization, i...., 268 preservation and future publication of jour- nals of, 277 'dnigrcss, Secrelan/ of, to have engrossed, and arranged for publica- tion the provisional Constitution with the autograph signatures and flag a :d seal of the Confederacy 91 tlisburscuient of contingent fund of Con- gress, under his control ; report by Sec- retary to Congress, 95 to place certain moneys in his hands to credit of contingent fund of Congress,... 211'; to report his action to Congress, 215 to take charge of books purchased by the committee appointed to revise the laws of the United States, 157 to sell the furniture, Ac, turned over to the said committee 157 may employ additional clerical force, 164 to submit statementto Congress of aceounts against Congress paid out of the contin- gent fund, 165 Consiiliitiriii of the Confcdernte. States, for the provisional ttovernmont, 1-8 for the permanent Government, 11-22 preamble; purposes of, 1,11 legislative' powers veitod iu Congress, 1, 11 28 C'lusiilution of tlir. Confederate States, (continued.) character of the Government eslablishcd,_8, 21 to be the supremo law, 8, 21 powers not delcg.ited nor prohibited, remain in the States, 4, 22 ratification and mode of amendment, 21-2- • Congress : to consist of Senate and IIouso of Repre- sentives, ', 11 s'latl asr-emble at least once a year, and where .., 12, I'J each House shall judge of election, Ac, of its members ^ 13 majority of. each House a quorum, 13 number to adjourn daily 13 enfirce attendance of absentees, 13 ni,ay make rules, punish or expel members,. 13 journal to be kept and published, 13 yeas and nays; how called 13 power to adjourn either House, and to what place, 13 legislatures of States to prescribe time, place and manner of holding elections,... 12 liable to be altered by Congress, except place of choosing Senators, 12 powers specifically granted to, 14, 15, 17, 18, 20 may make laws to carry out powers, 15 what Congress cannot d i, 16, 16 may fix time of choosing electors of Presi- dent, Ac...... '. 18 but to be same day in States, 18 may provide who shall act in case of ina- bility of President and Vice-President,.... 18 may vest appointment of inferior ofiicers, 18-19 may declare punishment of treason 20 .attainder not to work corruption of blood or forfeiture, except, Ac.. • 20 maj' prescribe authentication of nets. Ac, of States, 20 may assent to formation of new from old States, 20-21 m.ay prescribe regulations for property and territory of the Confederate States, .'.. 21 may summon convention to consider amoud- ments proposed to Constitution,....., 21 shall be bound by oath to support Constitu- tion, ." 22 powers net granted reserved, 22 Members: compensation of, 13 priviledged from arrest, except, Ac, » 13 not to be questioned elsewhere for words • spoken in debate, 13 not to be appointed to certain civil offices,.. 13 persons holding office under Confederate States not to be members, 13 House of Representatives: members of, how and by whom chosen,.. ..11, 12 qualification, appointment and number, 1 1 vacancies; how filled, 12 shall choose their officers, 12 shall have solo power of impeachment, 12 shall judge of elections, Ac, of own mem- bers, , i:! quorum, adjournment, rules, jourxiuls, Ac, IM coHipensatiou.privileges, disqualifications, 13, 18 cannot be appointed presidontial elector,.... 17 to originate revenue bills, ];; two-thirds pass billsover President's veto,.. 13 bound by oath to support Constitution, 22 Senate: members; hov/ chosen and classified, 12 qualification, quorum, adjournment, ])rivi- leges, disqualifications, , 12, 18, 19' cannot be presidential electors, II. XiV INDEX. C:.ftsiilii!ion of the Covfederate Stolen, (continued. vacancies; bow tilled ■Viee-Piesiilcut to presiilu, Idit not to vo;e ... Pre.-idcnD pro (cm. ; when to be ebosen,.... 6ole power to trj impeachments, proceedings in impei'.cbmcuts may propose aiaomimeuts to money bills,... may pass bill over President's ve.o, * may concur in making tieaties mTV advise and consent to appointments by i'residen'^, I Pre'-idiiit : Lis tern^or'office, .,...•• electors of, number; how appointed, who caunot ba, hovr and where to meet, and choice of Presi- dent, qiialilica,tic"8, vacaucies in office, compeiig.T.tioa and oath, powers and duties, «. 13- jnay veto bill-! pr< eeediugs ia case of iixipeaebuient, cannot pardon in case of impeachment, yice-Prciiticnt : term of oiEce, mode of elecriop, qualificatioiis, to be President of Senate, to have no vote, (xcept, &c., ..... when to be Presiiieut, , Jiidivird 2^0iver, bow vested, „.....*.T7 to what eases est nded, 19, tenure of office of judges,- their pay,...™.... oriiiinal and appellntd jurisdiction, trial of crimes, where to be held, and by jury, juaicial pruceedings, Ac., in each State lo have full credit in other States, J^tfites : each to have republican form J Govern- ment, to be protected against foreign invasion and domestic violence, cannot be sued by citizens of foreign titate, powers not dclegited nor prohibited, re- served,... prohibited from exercise of certain powers, 10- privileges and immunities of citizens, faith and credit to be given to acts, admission of new States; provisions re- gpecting members of legislatures of, to be bound Ly oath to support federal Constitution, judge; in. to be bound by federal Constitu- tion and law.s, = Miacellancoiis protiniims : adjournment of Congress, or either House,. hmendments; how to be made, Riais; right to keep and bear, not>to be in- fringed, Rrciy; Congress empowered to raise and support Birost; members of Congress privileged from, attainder; no bill of, to be passed, bail ; exccajivc, prohibited, bankmptc^v ; Congress may establish sys- tem, census, Confederate States, when to be taken, citizens of btates; privileges and immuni- ties of, coin and coining; provisions respecting,.... Cgjnmcrce; Congress may regulate, 20 22 21 16 14'/ Conitituiion of the Confede:ate States, (continued.) copy-right; Coiigre.-:s may grant by law,... 14 counterfeiting: Congress may punish, 14 crimes, where an4 how to be tried 2&- persons not to bo held to ai.swer for, un- less, 'sive 'lail, fines and puniohments pro- hibited, '. 1& Ex }ioH facto laws not to bo paslsed, 15 fines, excessive, prohibit! d, 16 freedom of speech and press and of petition st-cured 16 fugitives from justice; provisions respect- ing 20 Iroiu service and labor, 20 grand jury; presentments and indictments by, 16 half as corpus ; writ of, not lo be suspended, uule.ss, &c., 15 impeachmi.nt under Constitution,...' 12 llouse of Representative sole p..wer otj... 12 Senate sole powtr to try, 1? proceedings in trial of , 12, 20 wh.n President is tried, 12 judgment and sentence in cases of, 12 those convicted still Jijjljje. to indictment, 12 President cannot pardon in case of, 18 importation of negroes of the African race forbidden, 15 introduction of slaves may be prohibited,... 15 jury: trial by, secured to those charged with crimes, 16 in suits at common law, when, 16 measures and weights; standard may be fixpd, 14 militia; provisions respecting arming and disciplining 15 money maj' bo coined, and value regulated, 14 counterleiting may be punished, 14 naturalization; uniform rnle of, may be es- tablished, 14 navy; power of Congress over, 15 nobility; titles of, not to be granted, 16 officers not to accept presents, titles, Ac.,... 16 petition; right of, secured, 16 post offices and roads may be established,.... 14' press; freedom of, secured, 16 private property not to be taken for. public uses, without, &e.,. 16 punishments, excessive, prohibited, 16 quorum of Senate and House of Represeu- tives, 13 of Senate for choice of Vice-President, 18 of the House of Representatives for election of President, 18 ratification of Constitution 22 religious establishment prohibited, 16 revenue; power of Congress to raise,, .13, 14, 17 - searches and seizures; freedom from unrea- sonable 16 soldiers not to be quartered in house with- out consent Of owner "•• 16 speech: freedom and ri.«ht of, secured, 16 taxes, direct, how apportioned, 11, 14 tender; only gold and silver coin to be legal, 16 treason; how defined and punished, 20 person not to be convicted of, unless, Ac, 20 attainder of, not to work forfeiture, 20 treasury; money, how to be drawn from,... 15 treaties; how may be made, *. ••• 18 INDEX. XV Contti(Hl!on of the Confederate Stales, (continued.) to be supreme l;iw 21 ', individual States not to make 16 ' trisil by jury stcured, , 16 ', veto ot President, K] J ^louse and Senate iniiv pa.-^^s bill over, J3 ,' warrants \uM to i-suc, exe^lJC, none compelled to be against hi:usolf.., i 6 ' ■ yeas isnd liiiys; when to be entered on jour- ' "a' 13; am.r.i;iueuis; how mudo and ratified, 21 ' relii^^ou- establi.^hmwit pn hibitad, 1(> ', freedom of speech and of the press, and ! right of jietition secnred 16 ] right to keep and be.ir iirnis not to be in- ', 'ringed -. ^ ]C, ; Boldiors not to be quartered in any house, \ unless, Ac, 16 > Bocurity -frum unreasonable searches and ' seizure?, ]6 ' wiirrants not to issue but on probabc caus-.-, 1 (H persons not to be hold to answer for crimes. ] unless, Ac., jp J to have tri il by jury ; to be confronted »vith '/ witnesses; to com.icl !ittei}dance of -wit- '> ncsses, ;ind to have counsel, 16 J not twice to bu put in itojiardy, 16 j Bot to bo compelled, in :f criminal ease, to ) be witness au'uiost himself, 16 ^ nor be dejirived of property but by prooesa ^ of law, 16 I privaic property i.ot to be taken for public | use wiihout C'Uipensation 16 1 trial by jury secured, 16 ' excessive bail,^fiues and punishments pro- ' hibitcd, 16 J rule ot coustruetiou as to powers grant, d,.. Id' powers not delegated uor prohibited, ro- ^ served to States, , 22 J judicial power docs not extend to suits ', against a State, 19 J maiin.-r of choosing President and Vice- '/ President, 17-18 J provisional and permanent ConstitutiviBS, >, acts, Ac, to be 1 ublish.-d ia one volume, 277 j Conauh, ^ J see title Amhassrs. ', may bo anpoiuted by the President, Go ''. tlicirfces, 6a ; money obtai.ic t by lees to bu rep.irtod to ;J the Treasury Department, Co.' Contempts, > ol court; how punished, 79 ' *Oontinffeiit I'lun/, J of Congress; disbursement of, for carrying the mail, 66' Contracts, (continued.) for the binding of the acta and resolutions of Congress 17,3 for supply of bread for troops, 214 Convention, copicj to b'3 made of the proceedinga «if tho conven:i.>n which framed the provisional and pLrm:inent constituliocs, 277 vcritication of copies 277 how copies disposed of. 277 where original j'lurrials depofiied 277 copic-i and origiiiiils to bo pre.-o. ved with their seals unbroken, 277 Cooks, employment of, fvir the military ."ervicc, 1S6 VV^ 185 CoD^-ritjIit, Congress may gran', by law, 14 commissioners appointed to visit Eur"pe:!n piwers in ly enter into tr^aiy obligaiioiifj for I ho extension of international c>.p>- 'ig'i'*. 03 exclusive rght of publishing, Ao, vcuu'd in authors, Ac, and their assignees I.')? for what period, ." 157 copy of title to bo deposited with olork < f the district court, 157 record thereof, j^y f^cs. .' 153 copy to be dolivncd within three inont!>a from jinblication, .v 153 list and copies of copy-righis 10 be i\anu;il. ly trunjniitted to the Slate Pepartmcnr,.. 158 notice of copyright to bo frintjil on tiilo pa^e. Ac, 158 copies of books, Ac, to bo sent to State De- partment, > i;-,8 when copy-right may be reuew-d, I08 record tiiercof 153 c;.py of record to be published, 158 assignments to be aciinowlcdgcd and re- corded, , I. -,8 fees for recording 159 jurisdiction of tlie district courts, 1.(9 power to grant it.junctiun.«, 159 writ of error or appeal, '»... ii\j penalty for violation of copyright, i;.9 for infringement as to prints, maps, char'a and musical composition.'!, if.g printing, Ac, of works of aliens not pro- hibited 160 penalty .<"or unauthorized publication of miiiuscript, I69 courts in:iy grant iojunctiona,..,. J60 in dramatic (-umpositions to include the ex- clusive ri-htof representation,...' 160 damages for vitdation ico ptior rights to be protected, ISO person sued, Ac, may plead general ia-ue, and give Sjjecial matter ia eviJcucc, 169 penalty lor publioati n of pretended copy- right ICO limitation of action, .•. iiji privilege of act extended to foreigners 161 reprints or publications prohibited froia 8il«- 161 penalty, lei Lotion, duty on cotti>n exported 43 duiy pledgeil to tue pjynunt of tho loan prjvukd f,r by the act .'f Feb. 2S, l7til, 43 export ol, exempt through seaporta of iho Confederate state.-, pi'ohibiied, 152 when act to take-tffect, I7J penalty, ', 153 XVI INDEX. Cuiton, (contiuucd.) informer entitled to one-half of pro- ceeds of articles forfeited, 153 justice may issue warrant for the seizure of the cotton,., 153 steamboats, er diein com'pensation for a.ttL;ndiug court,. 81 , mileage, 81, 169^170 when absent from any term of the court the judge may appoint a person to act in his stead, * 81 when in the military service an attorney pro tempore tnay be appointed, 157 from the judici.al districts in Virginia, 119 for the judicial districts in Arkansas, 152 INDEX. xvii District AltorneyD, (continued.) for the district of Texas assigned to the eastern district of said Stale, 161 > fees in admiralty cases, 195 f to prosecute all causes iustituted under the ' sequestration act, 204 compensation 204 ' to attend the settlement of receivers' ', acccns corjjwi, '8 , may r.'quire production of books or writ- ings as evidence, 79 judgment in case of failure to comply with requi.siiion 79 contempts of court; how punished, 79 ; rules for the conduct and dispatch of busi ness, 81 I Duties, District Courts, (continued.) interchanges to be entered on the records of the courts, 255 actions, Ac, under the patent laws, cogni- zable ill 141 power to grant iDJ;:nctions, «, .:>,... 141 jurisdiction of district court in Ariaona ter- ritory 245 in Cfr^ain Indiiin territories, 271 to bo bcld semi-annually in each year,... 272 when to be held,.*. 272 terms of court; when to commence,. ...272-273 jurisdiction. 27.3 practice in civil and criminal cases,... 27?>. 274 proceedings to be in the English language, 274 validit.yand authentication of proceedings, 274 contingent expenses of court?, .'. 275 laws regulating the powers, indictments found in any of the United States courts, to bo heard and determined in the district courts of the Confederate States, 81' have full authority over warrants or other process in criminal cases in United States' courts 8(1 specifil jurisdiction of district court held r.t the seat of gov..rnmcnt, of crimes and oficnces commiitcd by public officers and of suits on their official bonds, 8ft esclutivo original cognizance in the case of all captured vessels, goods and effects, 1 02 when the cnurt may decree restitution, damages and coals, 102 judges m;iy interchange with each other temporarily, 255 authority of Congress to estiiblisb, 14, 15 duty on tonnage, » 17 articles exempt from, 28, ?8 71', 1'53 laws imposing discriminating duties on ton- nage repealed, r^ on raw cotton, exported, i'> the duty on cotton pledged for the payment of the loilii under the aet of February 28, 18G1, i'-' when the duty to ccaso 4:' materials for the construction of certain telegraphic lines admlrted free of duty, 5"-'>4 on commodities bona fith- purchased or con- tracted for, on or before the 18th Feb. 1 8(11, within the United StAtcs, remitted, 68 books, Ac., published by any church or benevolent society, cxsmptcd from duty,. 69 facts entitling a pir y to t-ho benefit of this act, to be cstabliRhcd 69 ad valorem duty of 15 per cent, imposed on certain articles impvnted 69, 1.15 when a greater rate <'f duty has been paid, tho dxcess to be rcl'unde.d, 135-136 merchandi.-^c imported may bo entered and have iTausit through the Confederate States, free of duty 70 the act of Feb. 28, 1861, g 3, exempting State of Texas frnm tho operation of tho tarift" laws repealed, and tho tariff laws to apply to said State. — 70 deduction allowed of duties on goods cap- tured and made Lawful prizes, 103 tariff of, imposed on goods, Ac, imported, 127-133 goods exempt from duty, 13:<-#v(4 non-enumerated articles bearing a similitude 10 articles enumerated, chargeable with the duties on tho latter, 131 XVIU INDEX. Duties, (continued.) ^ nhna the refeuiblanco is to two or more ar- <; tiuk-s 134 duty of tiMi per eeut.» on all articles not > enumyr.itcd ami classifieil, 134 / 01) gooda i^ public stores sis unclaimed^ or / iu wardiOu-e under bond.-* 135;! deci:itrn of collector as to liability to or ex- ' einpti'i;! I'roiu duty of jro'xls imported, ^ final and conclusive unless appealed / from il"3 '/ appeal allowed to ftecre ary of the Treasury, 135 ^ invoice value of impor:s may be raised to { 49 the Iruennarket value, 135 ;; Enlisinnut. Enr/iiieers, (continued.) pay of ofiiocr.«, clerks in bureiiu of; their salarie.-', 52, 195 corps of, increased, 115 aijpointmeut of oiBcers of engineers in the provisional army, ' 237-2.38 number, rank aa-i pay, ; 238 when appointments to expire, '2ZS Eiujlisli Laufitiriije, proceedings in all the courts of Arizona Territory to be in, 246 also iu the 'iislrict courts of certain Im'ian Territories,^ .". 2^ addition ofeo^tsauJ charges, 13.^j ' _ dutiable v.ilue of imports to be appr.iiscd,.. 135 i extra duty !o be paid if the appraised value / V exceed by ten [vor cent., or more, the value ', deciar (1 on entry, ]?5 ' import? from certain States, exempted from \ duty, „ \W, the tariii" act and comparative statements of ' the rates i>f duty under certain tariffs, to f be printed, '. 1(55/ acL tt iJlay 21, lb6l. to provide revenue / from imports, amended, 171 ^ Election», > Congress under provisional Constitution to ) pre-cribe time for holding election of j President and Vice-President, ueetiiig of J the elect'irs, &c., and time for holding '/ first election of members of Congress,.... 22 ', of members of the House of Itepresenta- ( tive.s 122 of Pfcsideut and Vice-President 122 J •when, electo s to meet and cast their votes ; / to make out lists, certify and forward I the same, 122/ of speaker of the House and preoidcut pro / tent, of the fc'enate, 122 '/ opening of certificates and couutiog votes,.. 122 / of Csenyiiois to First Congress, 1S7-188 / of members from Missouri to the House of / Keprtseutative.s, ...221-222 ', of memberj from Kentucky to the Hous^, 226-227 l as to tleenons. of officers in Arizona. See ] Arizona Territory. \vaA, 243-244 ^ act of January 22, 1802, requiring the elee- ^ , tion of field and company otiicers by regi- I ments and coUfpanies not to apply to / comjianies, &c., raised under fourth sec- / tion of said act, 258 > Electoral Vote carritrs of, allowed mileage and pay, 224 t custody of the returns >«ind certificates of / tht? votes, 237 / Electors fur I'resideut and Vice-Prenideitt, ') their uun-.ber; how appointed, 17^1 who Cannot be, .• 17 '> how and vvhere to meet, and choice of Pres^i- \ dent and Vice President, 17-18, 22 ;; election or appointment ol, 122 ^ when lo meet and cast their votes, I;i2 ^, tc make out lists, certify and iorward the ^ same, 122 ; opening C-Ttilicates and couutiug votes, l.;2 ^ ru'.es a- to number of, in the States, 123 / eastody of the returns, .Ac, of the voles,... 237 <; Eiiihezzleiueiit, '/ of money received under the sequestration / act; huw punished, 205 / E0f)iiiners, ^ coips of; of whom to consist, 47 ^ ofiicerj? 47 ) duty of eolontt, , 48 ' ot additional seamen for the war, 223 ru-or;;avii7,ation of troops re-enlisting at the expiration of iheirpreseatterm of service, 223 lor companies reduced by casualties, 226 persons may be appointed as field officers or captains to rai^e regiments, squadrons, battalions or companies;...... 248 enlistments under tbe eomuiission of cap- tains 1 Eiideuce., deposiiixig to perpetuate testimony 78 mode of proof iu trials at law in the dis- trict courts, 79 parties may be required to produce books or writings which contain evidence ; judg- ment in case of fai ure, 79 rules of, in criminal cases that obtain iu the United States courts to prevail in the ' Confederate States courts, .*..; 82 no new evidence to be recei-wed ia the su- preme court, S3 copies of records and papers pertaioing to judicial proceedings iu the circuit or dis- trict courts of the United States, within any of the States. of the Confederacy, ad- missible in evidence, .' f^^4 copies of records, books, papers or draw- ings and letiers patent in Patent Office, competent as evidence 136-137 Commissioner of Patents to prescribe rules for taking evidence 145 evidence taken in suits iustituted in r^be cir- cuit or district courts of the United States recommended in the State courts of the Confederate States, to bo read ou the trial in the State courts, 151 clerks ot the district courts of the Confed- erate States to transmit -such testimony to the clerks of the State courts, 152 perpetuating testimony in cases of slaves abducted or harbored by the enemy, and of other property seized, -wasted or de- stroyed by them, 207 evidence to be filed and preserved in the State Department, „ 207 evidence admissible in cases iustituted by John D. Morris, of Kentucky, under au- thority of resolution if Dec. 16, 18(Jl, appointing him receiver under the se- questration act, 282 testimony in proof of claims lor money against the Con federate States, and of eiti/.cns of the Confederate States against the United btates, 199 INDEX. XIX Examiner of Pate»t», , iipijointuieut 1S6 ; C()iu['nt,.... 80 J in causes re;uoved t> the siipronjo court by I writ of error, to issue from the district ; court, S3 ; may issue on unsatisfied judt;meuts of tlic ; circuit and distriot. courts of the United ; States 85 • execution of all judf^uients rendered in \ favor of tbo United Sl.ate.-i, suspended,... 85 ( sci/.iiro on exoeulions, made in bolialf of > the Unitf^State.'. declared void 85 where there Ve twocr moie divisions of the i district ciiiirt iu a State, c.\e'U!ions may j be executed iu any part of the State,.,,. 80 \ in cases instituted under tho act for the se- \ quo&tration of the property of alien one- \ ^ mies 264. 265 ; may be awarded in vacation where debtor ; is fraudulently concealing or disposing of ; his eftocti" ." .•.,. 255 \ hjxei-.utice Build i7i;/i>, .executive mansion to be leased 93 payment out of contingent lund tor work done and furniture for, 161 Secretary of the Treasury to sell tho unex- pired lease of the President's house and buildings used for the Departments, &c., at Muntgomo.y, ; 165 Exporli, Congress to Irfjr no duty on articles exp'jrtcd from any State, except, &c y/ 15 ■a.s to a Mate's layin;: duty on, 16-17 export of cotton, cxceft through the sea- ports of tho Confederate States, prohibit- ed, 152-153 exportation i>f cotton to Mexico, allowed,... 153 Et Pont Fucio LdVW, not to be passed by Congress, 15 Express C'ltiipnuies, allowed to carry letters and other mail matter, 67 regulations concerning tho pre-p,iymeot of postnge on letters, Ac. sent by, 67 oath of agent of Express com]>any, 67 F. of custom-bouso ofRccra 28 of office of Secretary of State, 30 of marshal ana clerk of court of admiralty at Key West. Florida, 60 of conimcrcial agents or consuls, 65 of attorneys of- the Confederate States, 67-68 of commissioners of distr'ct courts', 79, 209 of clerks and marshals of district courts,... 78 of clerk of the supreme courts, 83 Hnder the law for the granting and issue of patents, 137, 1311, 141, 146, 147, 251 discrill; inatioi) between persons in regard to Patent Office fees, 147 Feet, (continued.) fees paid by mistake may be re-paid 'out of the pateiitfund, 144 allowed clciks of di.-trici courts lor trans- mitting testimony in certain c.ises to the clerks of the State cour s, ., 152 of eUrks of district couris in copy-right cases. 158, 159 for recording oalhs of naturalization and indexing same, 190 of clerks, marshals and district attornej-s in admiralty cases ? 195 of officers of court for services periorincd under thxj sequestration act, 206, 263, 266 of witnesses anil commissioners appointed to take testimony under said aci 2-6 of clerks, marshals and attorneys of dis- trict courts in certain Indian Teriitories, 2»2 compensation for extra services, 272 Felony, how punished. 274 Finen, Fi'}-/' ilttren and Pmaltim. oxi cssivc tines not to bo imposed 16 penalty lor forging, or counterfeiting trcas* ury notes or i:ttering or publi.-hing any such forged or counterfeited note,...". 183 penalty for forgiig or ciuoterftiiing cer- tificates of ins rib '.d stock 1^1-192 penalty against fiduciaries for failure to give inlVirtnation and render account to receiv- ers of )>ropertv of alien enemies 201-202 penalty for violnting the act cstablisliing rates of postage on new.-paper.s &c., sent to dealers therein, 211 Floating liiUtcri'c8, rights and privileges conferred on inventors of. 150 Flonling Deff.nccn, for the prattction of the Mississippi river,,. H'S appropriation for, 239 Florida, treasury notes to be issued to re-i;nburie her for money expended in arming, &e., troops of the Confovlerate States, 210 Forofje, allowance of; how fixed and furnished 50 allowed officers of the army in time of war, 50 ■ allowed officers of tho army in tiine of peace, 60 aids-de-camp and a.^jutants allowed forage for horses, 126 Foreign Coins, fj^ to pass current as money at certain rates, 63, 193 Foreign A^adous, additional commi-'sioners to; their pay and emoluments, 185 to w4iat nations the commissioners now in Europe to bo accredited, 185 Forgery and ConnUr/iitiug, of postage stamps, , 35 making, using or possessing, forged or coun- terfeited dies, plates, &e 35 of treasury note', bonds or coupons 66, 182 making or engratiug plates to be used in forging or counterfeiting treasury notes, Ac , .' 5f), 183 uttering or publishing fis true any counter- feit treasury note, bond or coupon, 56, 183 of certificates of. ttock, bonds or coupons issued under the act of Fob. 28, 1861, 56 of certificates of inscribed stock, 191-192 Former Arqniltol, '^ constitutional provision as to, 16 Fortfi, Arsen'iis, Nary Yards, etc., provision of Constitution as to, ... 1^ XX ^INDEX. Forts, Arsenals, Navy Yards, etc., (continued.) questions between the States of this Con- federacy and the United States relating to, taken under tlio chirgo of the Con- federate 'government, , i)l cession of, bj the ^'states, recommended by Congress, .*.., 94 President to take charge of the property ceded, 95 r'yiaikiiig PrivUcf/c, abolished, 35 exception iu ffvor of certain officers in the Post-Office Department, and deputy post- mas ers, • 35, 110 Free Ncgroei, captured, not to be given up, 278 Fuel, allowance of; how fixed and furnished, 50 may be commuted, .a , 50 Fugitives from Justice, provisions respecting in Constitution, 20 Fugitive JSlnves, provision respecting in Constitution, 20 Funds, tendered bj' State of Louisiana, accepted,... 94 disbursement of contingent, fund of Con- jgress, 95 transfer of, from the Quartermaster's Dc- partinent to the Ordnance Depaitment,... 256 arrangements for tb'e transmission of funds of the Confederate States, 208 Secretary of the Trea^^ury authorized to transfer funds in the hands of any foreign banker, 279 Furloughs, furloughs with transportation granted to iwelve months' men now in service, 223 when to be issued, 223 length of furlough, 22S what may be received in lieu of furlough,... 223 to, what troops act to apply, 223 allo'-ved to State troops who re-enlist in the service of the Confederate States, 256-257 Fa niture, sale of furniture turned over by the com- ' mittee appointed to revise the laws of the United States, 157 sums for which the furniture of the Con- gress, at Montgomery, and of the said committee, sold, toAe placed to the credit of the coiitiugent fund of Congress, 214 G. Garniahvj^eni, writs of, under sequestration act, 204, 264 power of court to condemn property or debts according to answer, and to order the bringing in of third persons, 204 • judgment of the court to protect garnishees, 204 how receivers may test t&e truth of gar- nishee's answer, 204 answer of the defendant; what to set forth, 204 'If.ncral, rank of general established as the higcst military grade, 115 assignment of general officers to command. Their pay and allowances, 115 appointments to the rank ef, to be made by selection from the army, 115 uold and Silver, nothing else a legal tender/..,., 16 Goodx, Warts and Merchandize, collectors of customs to take possession of, and sell" unclaimed goods, wares and moichandizo, 187 Governvicnt, character of the government established by the Constitution, 1, 21 officers appointed by the provisional govern- ment to remain in office, 21 act to put iu operation the government un- der the permanent Constitution, 122, 268 relinquishment on the part of the govern- ment of its share in certain vessels, &c., taken in the Chesapeake b.iy by Captain Ilollins, 271 Governor of. Arizona, as to appointment, powers, duties, &c., of. See Arizona Territory, and 242,247 Grand Juries, presentments and indictments, If- summoning and impanneling of, 81 what law to govern their proceedings, 81 act for the sequestration of th^property of alien enemies to be given specially in charge to, 202 receivers to take copy of report of grand juries and possession of property report- ed, and sequestrate the same, 202 Gunboats, construction or purchase of, for coast do- fence, 65, 195 tonnage, C5 Secretar)'^ of the Navy may contract for building of, &c., without advertising for proposals ,. 195 H. HaheUa Corpus. ' writ of, not to be suspended, 15 writ of, may be issued by the district and supreme courts, and the judges thereof,... 78 not to extend to prisoners unless in custody under the authority of the Confederate States, 78 the supreme and district courts of Arizona territory, may issue writs of, 245 High Sens, power of Congress to define and punish of- fences on, , 14 Horses, ■ allowance for the use and risk of, 46 for horses killed in action,. 46 purchased by Col. A. W. McDonald for the army, to be p2.id for, ., 185 Hospitals. See Marine Hospitals. appointment of surgeons and assistant sur- geons for, 176 employment of laundresses in military hos- pitals, 222 Hospital Stewards,- may be enlisted for the medicul department, 115 pay and allowances, 115 House of Representatives, members of; how and by whom chosen,..;., 11 qualifications, appointment and number,... 11 vacancies, how tilled, 12 shall choose their officers, 12 shall have sole power of impeachment, 12 shall judge of elections, ts incurred or moneys advanced by number of reproscntatives to which the • them; by whom to be paid 238-230 States of Virginia, North Curolina:, Ten- > indemnity to the States against loss on ao- nessee and ArkansaS>are entitled, 122. count of the transfer to the Contederate basis of repre.ventatiou, 123 \ Sti.tes of. lu.ids beloiiging to Indian tribes, 2S3 election of members from Missouri, 221 . Indiclmenls and In/orniatiuns, number of m-mibers Kentucky entitled to,... 226! indictmt'nts found in any of the UniteA election, Ac, of members .>»... 227 ;• [States conns, to be heard and determmeu election of delegate, from Arizona territory, 217 ' in the district courts; 86 , : Iiifantrji, regiments of ; of whom to consist, 48, IM T ' pay of officers, \\) Injunction, writs ')f, may be issued by the district anci 'impeachment, supreme courts, and the judges thereof,... 1^ under the Constitution, 12 ^ to prevent the violation of the rights of in- House of Representatives, sole power of,... 12 ■ ventore, 141 Senate, sole power to try, 12 \ in copy -right cases, 159, I'jy proceedings in trial of, 12,20 ' Iwjuriet, when President is tried, 12 ; suits for the recovery of damages for inju- jiidgment and sentence in cases of, 12 '> ries on account of acts done for the pri'- thosc convicted still li;ible to indictment,... 12 J tcction or collection of the revenue, to be President cannot p:irdon in cases of, 18 ', in district court, 168 ImportalioH, ■ . ■ Ini^rihed Stock, . . , of negroes, forbidden, 16^ certificates of. may be issued m lieu ol laws prohibiting importation of goods in coupon bonds 191 vessels belonging to foreigners ; repealed, 38/ forging and counterJeiting of certiticates ; laws prolybiting the importation of liquors ' ^^^^ punishedj 191-132 except in casks, Ac, repealed, 44 ' ''»'c'"«*'> also laws requiring sugars to be imported ] rate of, allowed on judgments,. 80 in certain ves.^els and packages, 44 J appropriation to pay interest due the banks ^ merchandise imported may be entered and '/ "^'' J^emphis, ^yj have transit free of dutv 70 -; "'c of ii.tcrcst to be paid by debtors, i;C5 ' . > Internal Improve ■iients, pipor 8, ,r,K -ioj ' power of Congre^'8 to appropriate money for, 14 tariff of duties on, 127, 134 > r , ' ,. . ,.„ ^ '' ' •' ' invoice value may be raised to the true appointment of, for districts in Indian ter- market v^vlue . ., l^^^^^^; ^^2 addition ot costs and charsies,... loo ,• „„„„„„ .„iw,„ oio J ,. ,, , ... » 5 u -J loc^ compensation, 272 dutiable value o( imports to be appraieed,... 135 < , ■ . , 1 . . u -1 Tj- 5 Invasion, when extra du y to bo paid, 13o ^^^^^ g^^.^ protected agnius. 21 from certamfctatos exempted from duties... 164 ^,^^,^,,,^^^ See /'o^c.r.. act of May 21, 18<>1, to provide revenue ; privileges conferred on inventors of arned from imports, amended, 1.1; t' ^^^^^-^^^ fl^^^i^^, batteries or defences, 150 imprisonment, $ Iron, laws of the States abolishing imprisonment > disposition of certain railrcad iron intended for debt, and providing relief for debtors ', for the Memphis, El Paso and Pacific held in custody, to have effect, 81 J railroad company, 153-!&4 Indian Affairs, bureau of, established, 08 ; commissioner and cleik to be appointed. J J^ Their salaries, 68^ Indians. See l^entief. '/ appropriations to Indian tribes under treaty / Jails, stipulations, 232-237 i when State jails may be used by the courts also'for contingencies of office of sufjerin- ) or marshals of the Confederate States,.... 86 tendent of Indian Affairs, and Indian 'i Johnson, Colonel Fdirard, agencies, 237 > thanks of Congress to, and his command,... 252 appropriations may be paid in coin, 237 ) Johnston, General Joseph E., moneys, bonds, Ac, belonging to certain \ thanks of Congress to, and bis command,.. 212 Indiun tribes, of which the Confedcrato { Joint Obligations, Government is the custodian, to bo do- j suits on joint bills, bonds, notes or obliga- positcd in the treasury, 239-240 ( tions, 77 Secretary of War may driw his requisition < Journal of Congress, for moneys deposited in favor of tha In- } extract from, of vote on the question of disns, 240 f adoption of the Constitution, 23 29 xzn I]S*DEX. Journal of Conijrcso, (contiDue(1.) copies to ba made of ihe journal of the pro- visional Congress, 277 vcriiiciition of, 277 Low disposed of, 277 ivtiere original.-* to be duposittd': 27 1 cojiJBS and originals to bo jyeservcd with their seals unbroken, 277 Jud[/C8, judges of S ates to be bound by Constitu- tion of Confederate States and laws in pur.aiance thereof,.,. 19 of court of admiralty at Key West, Florida, 60 whereto reside, 60 may uppjintan attorney, 61 grant licenses to wreckers, 61 "of the tlistiict courts; v/here to reside; their salarit-s, 7j when aistriiH judge of Louit^iana required to hold his court out of New Orleans...... 77 may Exi^point comuiissiouers to administer oath.';, take deposiiions, Judicial Dintncts, each State to constitute a ditrict, 6, 9, 75 established in Texas, 127 ia Virginia, 149 in Arkansas, 152 in Tcune-ssee, 224 ' in Arizona, 247 in Ind an Territories, 271-272 Attala county, iMississippi, to form pa>t of the southern judicial district of said Stale, 260 Judiciary. See Judicial Dintricis. powers; how vested, ; 19 to what cases extended, 19 to what cases not extei;dtd, ;.... 16 tenure of otHce of judges; their pay, 19, 75 original and appellate jurisdiction, 20, 77, 81, 82, 83, 86, 102 trial of crimes, ■« here to le held, and to be l^yjuryv • • 20 judicial proeatdiugs in each State to have full credit in other fctates. ". 20 Juries, trial by jury secured 16 in suits at commcn law, 16 petit jurors ; their qualifications arid exemp- tions, SO wlcn jury may be summoned of the by- standers, 80 judge of district court to direct the mar- " sbai as to the summuning of juries, 80 compensation and mileage of jurors, 80 summoning and empaaneliug of grand juries ; 81 trial of is.-ues in fact in the supreme court to be by jury 8.3 defendants in cafes under sequestration act f-ntitltd to jury trial, 203-2C4 who competent to serve as jurors in district courts in Indian territories, 274 how jury constituted when an Indian is tried 274 juries when white persons are put on trial, 27-i attendance may be compelled by at- tachment, 274 nochalleEgo of juror except tor cause, 274 Jurisdiction, of court of admiralty at Key West, Fla.,... 60 of district courts, 19, 77, 81, 82, 102 of supreme court, 19, S3 special juristiiction of district court held at the seat of government, of crimes and offences committed by public officers, and of suits on their official bonds, 86 of the district court in cases under the patent laws, 141 of tbe district courts in Virgini:i, 149 of the district court in Arkansas 162 of one district court to extend io cases re- moved from any other district court when the judge thereof cannot sit on the trial, lf>4 INDEX. XXIil Jurd'iiction, (continued.) of district court in cases arising under the copy-rigljt law, 159 of district i-oiirt under the revenue laws..... 108 of commissioners under the sequestration act,.. 205 of the courts unler the same act, 209-.2U6 of the ourfs of Arizouii Territory. See Arizona Territory, iind, 2-i5-246 of the ditrict courts in Indian territories... 273 Jurors, t-ee Jitrit's. Jvs'.ive Dep'irl;iie:if, csta'di.-'hed .^3 prin'ipal olHcor of, ;'.3 Assistant Attorney General and clerk 63 messenger, 5'> . clerical force in, may be incireiised, h''t employmant of laborers 53 disbursing clerk for the aepartment 110 to ])ro\-i, pmploytnent of, for the dep:\rtmints, 5.3, 57 com pensii lion 63, 67 additional laborers for the Post-Ofiice De- partment; compensation, 252 Laundrcnnis, employment of, in military hospita's 222 compensation, ' 222 Lsac Clerk, appointment of, in Department of Justice,.. 173 duties, , , 173 pompensiifion, 173 Laws, how to be framed, 16 power of Congress to punish offences agiiinst laws of niitions 14 of Confederate States the supreme law, 21 judicial jiower of Confederate Statcsextends to all cases arising under them, 19 0/ the Ci>ii/i:(ler(tte S/otm: to be kept and preserved in the State De- part men t, , 29 Laws, (continued.) publication of 29, 39-10, 149, 15& to tie depo.-;ite"J in Dsp.'irtment of Justice.... 172 publication in the public gazettes 172, 277 compensation for publishi.'ig 172, 277 laws, resolutions and treaties to bo publish- ed at the close of each session of Con- gress .♦. 172 bow arranged 172 number of copies, style, paper and biudicg, 172 iiumbtr to be bound ; 172 index, 172 printing to be done by public primer, 173 biu'liiig to be executed by contract, 17* superintoi 'dont of public printing to iurnisli paper, , 173 price allowed lublic printer, .^ 173 ciistribuilon of the laws 173 const itution and laws extended over the territory ot' Ari-.ona, 247 the 40tb j of the act of May 21, 18CI, es- tablishing R. Patent Office, repealed 250 the Ifith g of thtt act of August 30, l.-Ol,se- qu(stra;ing the propertj' of alien enemies, and other coTiflicting provisions, repealed, 266 act of January 22, 18ri2, providing for the raising and organizing additional troops in Missouri, repealed, ./.... 277 provisional and permuuent Constitutions, and the acts and resolutions and treaties of the provisional Government to bs pub- lished in one volume 277 volumes published to bo subject to the act of August 5, 1861, except as it regards paper, 277 provisi-n as to bindings 278 0/ the Unilid States : cevtain laws of the United tJtatcs continued in foree, 27 repugnant to the uct for the organization and establishmout of the army, repeal- ed 5J-52 for the regulation of the mints, ucidared to 1)3 in force, , 02 also the laws in rercrenco to coin and coin- age, : 02 not inconsistent wi h the act of March 16, M^Ql, providing ior the. organization of the navy, adopted, 75 in rigard to crime? and offences and tho practicaiu criminal ca?cs declared to be in force, and to form the rule of practice and decision in the district courts, .81-32 this provision to extend to the rules of evi- dence and mode of examining witnesses, 82 l«H-» and rules of court in admiral y cases to have Jull force in ^he courts of the Confederate States 82 appointment of committee to revise the laws of ilia United States, 91 relative to district courts of Texas, con- tinued in force 127 0/ the Statei: to be the rule of decision of the courts of tho^ Confederate States 77 abolishing imprisonment for debt and pro- viding relief for debtors held in custody, 81 Lcgiglutivf Ftiu-cru, provision in Constitution, 11-1 186 appointment of the field officers, 186 houriiana, funds tendered by, to the Confederate States, accepted, ." 94 Lii^:}hert0n Guardt, Fresideut authorized to discharge the " Lumberton Guards," Company D, 2d regiment, North Carolina volunteers, 279 M. AlaV. lioutes. See Pa^t Routes, mail route established from VermillionviHe to Orange,, 119 from Groover's Station, Georgia, to Monticello, Florida, 189 Mails. See Postal Service. arrangements for the transmission of, be- tween the territories of this and other governments, 36 transportation of, by steamers, 44 Poiflmaster General to advertise and enter in- to contracts for carrying the mail, 67 convey^ance of, except by authority of the Postmaster General, prohibited, 60 express and other chartered companies may be allowed to carry letters and other mail matter,., 67 Aianchaiius, supreme court may issue writ of, to any of the courts of the Confederate States,. ....'83-84 Maratime Juriadiction, extends to all cases of admiralty, 19 Ma fit time Law, resolutions touching certain points of, 213 3fii)v»e Corpc, their pay^ and allowances, . 74 , quartermasters of, required to visit the posts where portions of the corps msy be" stationed, ; 74 temporary r.ink and command conferred oa ofHcers of, doing duty with troops, 253 Marine Hnspitdls, expenses limited, ]6c.-164 may be placed under the charge of any cor- porate or State authority, 164 .^furqiie and j'eprihal, power of Congress to grant letters of, 14 no State to grant .-uch letters, 15^ letters of, may bo issued to private armed vessels, ; 100 property of the enemy, unless contraband of war on board a neutral vessel, not subiect to seizure, 100' letters of, may be revoked at the pleasure of the President, 101 applications for letters of, to be in writing; what to be stated, 101 bond and security requir fees in admiralty cases, 196 ' 81 80 86 p.aymentto be made for horses purchased by the order of, for the army, 135 Measures and Weir/liis, standard may bo fixed by Congress, 14 Medical Departtnent, organized, 38 officers in, 39, lis their rank and pay, 39 not to ossu'j.e command of troops, 39 appointment of additional officers, 46 bond and security required, 46 pay and emoluments, 46 how long to serve, 40 Mei8t'ngerti, of tho several departments and bureaus; their. salaries, 52, f-3, 57, 111,199,210,252,259 3fexi<;o, exportation of cotton to, allowed, 153 Milearfe. oi officers traveling under orders, 50 of members of Congress, 58, 107, 276 of marshals, 78 of jurors, 80 of district attorneys, 81, 169-170 of delegate to House of Representatives from Arizona Territory, 247 when discharged soldiers'entitlcd to, 226 allowed carriers of electoral votes, 224 Military E-itahlislimeut, of what composed 47 increased. 114-115 company of sappers and bombadiers added to, 119-120 Military Operntiotm, I'resident to assume control of, iu every State, 43 Military Storekecpem, , President may appoint, 115 payuuii allowances 115 appointment of military storekeepers of ordnance, 188 pay and allowances, 18S bond, 183 Military Supplies, act of Congress of United States prohibit- ing purchase of, of a patented invention, &c., suspended during the war, lli-116 Militia, Congress to provide for calling forth, l.'> provilions in Constitution respecting arming and disciplining 15 may be eiHployed by the President, 45 how long to serve, 45 organization and pay, 45 .term for whiih called into service not to apply to men dr.ifted by tho States and furnished the President on his requisi- tion, 255 Miners, company of sappers, miners and pontoniors, 47 officers and their duties, 4J XXTl INDEX. MiniKtem, Cmeulf, etc. See AmhasaadorB. MlntH. at New Orleans in be the place of deposit o!" public moneys in that city 57 ossistaiit treasurer to perform the duties of Treasurer of the said mint 67 operations of mints, suspended 110 moneys and bullion transferred to the Treasurer of the Confeder:ite States, 110 mint at New Orleius and appurtenances to be in char;;e of some fit person: the su- perintendent may be aeceprcd as custo- dian; hi3 compensation, 110 savpe cour-c authorized in relation to the mint at Dahlonega, 110 Minahs>ppi, Attala county to form part c^f the southern judicial dit-trict, 260 Migahnrppi River, navigation of, declared free 3fi regulatioris for vessels navigatinc^ the river, 36-37 floating defences for the protection of, 198 appropriation lor defences for 2;'"^ Mimo-uri, appropriation to aid the people and Slateof, 17-' aid to the State of, in repelling invasion by the United States ISI when to be admitted as a member of the Confederate States, 18+ recognition of the Government of, .'..1^4-185^ admission of, 221 ele< tiuu of mtmh.rs from, to the House of liepreseutalives,. 221 appointment of m.ijor genera! and brigadier general to the command of troops now aad harciiiter to bs raised and organized; pay; stati", 2-17 the officers appointed to be assigned to the duty of raising, &c., the iorces in the State, 218 advancements to, in treasury notes, 264, 263 to be deducted from amount found due the State on settlement, 2^05, 268 how advancements to be applied 2.55, 2U8 itct of January 22, 1862, providing for raising and organizing additional troops in, repealed, 277 Mistakes, in process and pleadings or in the judg- ment; how amended, . 80 export of, except through the sea ports of the Confederate States, prohibited,.... 170 Movry, m.iy be coined, and value regulated, 14 counterfeiting may 'be punished, 14 Mar rill, John J)., ' of Kentucky, appointed a *:ceiver under the sequestration act of Aug. -0, 1861,... 280 evidence admissible in cases instituted by, under authority of re.-'olulion of Dec. 16, 1S61, appointing him receiver, 282 Motionn, . • for judgment against persons in possession of, or controlling the property aivd effects of alien enemies, 203 Munitiiinis I'f ll'nr, provision for tbe purchase, mauufactiiio and alteration of, .. 28 agents and artisms may be employed 28-29 President to receive from the States the mu- nitions of war, (fee, acquired from the United States, 43 advances on contracts for arms or muni- tions of war, 173 ih'.nicion't, appointment of chief bugler or principal musician to each regiment, 222' N. XaturaUzttiion, uniform rule of, may- be established by Con- gress, 14 rights of eiiizenship extended to percoos who are not citizens, in the military ser- vice 189 may bc-omo naturalized and citizens of any one of the Confederate States, 180 oath; before v'hom taken ; where filed, ..189, 190 where the State in which the applicant last resided becomes otio of the Confederate States, his citizenship to remain in that Stite at his election, 189 clerk of district court to record the oaths and index the same 190 persi*s in the military service to be inform- ed of this act N. 190 persons, not citizens, in the naval service of the Confederate States may beci^me natu- ralized, 223 NuLval Forres, President authorized to employ, 45 Navnl Sn-rice, regulations for the government of persons,. 74 parsons, not citizen?, in the naval service entitled- to same protection as citizens, and may become naturalized, 228 Kan a I S'.ins, exports of, except through Wi" seaports of the Confederate States, prohibited, 170 Nurrj, power of Congress over, 15 President authorized to appoint commis- sioned officers and employ maste/s, mid- shipmen, engineers, &c., 70 annual pay of naval oiicers, *.... 70 of captains, 70 of command TS, .' 71 of lieutenants, 71 of masters, 71 of midshipmen, 71 of surgeons, 71 of assistant surgeons, 71 of paymasters, 71 of engineers, 72 of warrant officers, 73 commissioned officers may be appointed (hiring recess of Congress, 74 length t.f service of United States naval officers received into the service of the Confederate States ; how computed, 74 sea service defined,. ..» 74 pav of seamen to be determined by the Pres- ident, 'S'i corps of marines; their pay and allow- ances. 74, 121 officers attnched to the Navy Department, and their duties ,• ^'^ one clerk to be appointed to aid each officer, 74 quartermKster required to visit the post of the marine corrs, <4 regulations for the government of persons in the naval service, 74 \ laws of the United States for the govern- ] mcut of officers of, adopted, 75 \ relative rank of officers of the navy toward > those of the army, ■ 75 INDEX. XXVll Navy, (continued.) relative position of ofScers of the Uuited ] States navy who have resigned and re- ceived ai)pointments in the navy of the \ Conf -delate States, 8T ; cppointmenr of officers of the Unite;i States ; navy 'o the same rank and position in ] the navy of the Confederate State?,.""-" 121 i asii.!:;nmcMit cf officers of the navy to duty.. 121 > assistant paymasters of tbo navy; their i salaries ". 121 1 paymasters of the navy to ho taken from I the graJo of a.«sistaut paymasters,.^ 121 \ temporary military rank and command con- ' ] ferrcil on oiH.ers of tlie navy ordered to \ do duty on shore with troops, 2^S | to retain theis raok in the navy, 2l!8 | pay and emoliiments 22> ; appointment of ebapl:iins> in, 2'l^i ' appointment of additional officers, 2i'9 when appointments to terminate, 'iJ.'i officers of the regular navy may be ap- pointed to any higher grade without pre- judice ti) their position under original appointmcut, . 242 i Navtj Bfpiiitiiicitt, er-tahUshetl, .33 dhief olBccr of, '•'•■i ', clerks in, b'.i ; chief clerk ttj perform the duty of lii.-hurs- ; ing agent and corresponding clerk, 53; messenger 53 ; clerical force may be increas^ed, iil\ • laborers may be employed,....'. 4> • 63 ; ofRccrs attachei.1 to; thcii duties, 74^ one clerk appointed to aid each officer, 74 ' disbursing elcrk for the deparlnieut, 116^ appointment of additional clerks and drafts- ! man 240, 241 ; Navi/, Secretary af Vie, \ duties of, .' 3.j; may appoint clerks in his regiment, 3.3, 741 muy contract for building gunboats, importation of, prohibited, 15' New Trials, < may be granted by district courts, 78 < Nobility, ! titles of, notto be granted... Ifi I North Carolina, ! commir^sioners from, received by Congress,.. 91 < admission into the Confederacy, 118 i first regiment of volunteers fioui, and cadets ! from Institute, received into the service,.. 212 \ Notary Pitlilic, J may excicisc authority confemd on com- ' missiuncrs, 79 ' Notices, < to persons in possession of, or conti oiling < the property of alien enetnies, 202 j of m jtion lor judgment again.st such per- j sons ou failure to pay, 203/ Nurses, i employment of, for the military .service, 180 i pay, 18i; 0. Oaths, ' to support the Constitution; by whom to be \ taken, 22 ' Oaths, (continued.) of custom-house ofScers, 23 of officers aud employees in Statj Dtpart- , ment 30 form of oath prcsi'ribed for officers, nun- commissioucd officers, musiciaus and pri- vates '. 62 of agent of express and other chartered canpanics i-,;irrying the mail, 67 of judges 77 of officers of teUgraph lines, 107 of commissioricr of patents and appointees ill his office '. 136 of applic.ints for patents, 137, 1;-19, 144 of collectors of t„xcs,.... 178, 181 of naluralizali'.m ; before whom taken ; where to be tiled, 189-190 of assayers, 192, 253 of receivers under sequestration act 202 of Governor, Secretary, chief and associate justices, attorney and marshal of Arizona Territory', 246 may be u.liuioistered by receivers, 2C6 o( wiiiiesfcs 266 oath of office ot Senators and members of the Hou.«.e of Representatives under the permanent Constitution; by whom ad- niiuislorcd, „ 268 ObliQntiiihs, uo State to p.nssa law iiupaiiiiig the obliga- tion of Contracts, 15 Offences. See Crimes and Puuishnuuis. Ojfieers, not to accept present.", titles. Ac, 16 appointed by provisional Govi-rnnieut to remain in office 21 custom-house officers and a.'sistant treas- urers continued in ofnce, 27,91 ttaflF «fficcrs lor the aro.y, 38-39 in ecrtaiu departratnts not to assume com- mand of troops, 39 of the army to be appointed by the Presi- dent, 48 examination required of anj' officers, 4S promotions 4l^ meritorious non-commissioned officers may be appointed to the lowest grade of sub- altern ofiictrs, , 4i) to perform all military duties to which they may be assigned, 51 army officers not to employ enlisted men as servants ; 50 brigadier general added to those heretofore a|)poiiitcd, 62 C(im;ijissions to officer.s of the United States army who have resigned and been ap- poiutcd to original vacancies in the army of the Confederate States to bear the same date, 62 relative rank of officers in the army ; how determined, 62 employed io the postal service, continued iu office, 66 commissioned officers of the navj' may be lippoiiited during recess of Congress, 74 flpp'dntmcnt of interior officers to Ic made by the President 75 ail otticers, civil, military or naval, m:iy bo # appointed by the Presideiit during the recess of Congress, 89 of voluntecrcompanies, batialious and regi- ment-, 45, 104, 106 aots of certain officers under the act of Feb. 28, 1861, to raise money for the support of tho Uuvcrument, couiiimcJ, 108 XXVlll INDEX. Offi-cers, (continued.) rank of " General," estaWished as highest ; military grade, 116/ assio-nment of guneral officers to command, 11,6 .^ State cadets to be attached to companies as supernumerary otiicers, Ho assignment of, to staff duty ^^.. 115 - appointment of oflicers of the navy of the United states to the same rank and posi- > tion in the navy of the Confederate States, 121 ■', civilians may bo appointed staff officers, 171 ; temporary rank and command on officersfor ', service with volunteer troops, 127 ; to assist in preparing and signing treasury notes, 167 , two field officers all-owed certain battalions ; of volunteers, 170' assistant adjutants general for volunteer ' forces, 170 '■ law clerk iu Uepurtuieiit of Justice, 173 ' surgeons and assistant surgeons in the pro- > visional army for hospitals, , 176 .■ collectors and assessors tration act, 202, 205 ; adjutants of regiments and legions of the ; grade of subaltern,. ..i 209 ') to affix signature of President to commis- ) sions in the army, 222 J of certain State troops turned over to the ', Confederate States, appointed, &,c., as ', heretofore, 223-224 ] marshal and attorney for each judicial dis- \ trict in Tennessee, 224 ( election of, upon organization of troops re- ; volunteering or re-enlisting, , 223 / rank and pay of certain officers who coin- ' meueed service before receiving their com- ' missions, 225 > temporary military rank and command con- ) ferred oa olScers of the navy ordered to / do duty on shore with troops, 228 ' to retain their rank ia the navy, 228 '. persons who were officers in the revenue ser- vice of the United States may be employed in the uav.al or military service, 229 ', appointment of additional officers in the- ', navy 229 \ appoiutijLieiii of officers of engineers in the provisional army, 237-238 ; temporary rank and command on officers of ' the army on duty in certain bureaus, 238 ,; appointment of two additional clerks and .; draftsman in the Navy Department, 240 I of the regular navy may be appointed to a ) higher grade without prejudice to their ; position under original appointment, 242 , as to appointment, election and qualilica- , ♦ tiGns of, in the Territory of Arizona. See Arizona Territory, a.ni, 242-247 appointmeutof major general and brigadier general to the command of troops in Mis- souri, 247 ' appcintments of offioej-s under the act to ' raise an additional military force to serve during the war. Vacancies; how filled, 248 Officers (continued.) may be detailed to recruit men for compa- nies, 248 President may appoint and commission persons as field officers to raise regimeuts, srjuadrons, &c. Their pay, transporta- tion and subsistence, 2J8 act of January 22, 1862, requiring the elec- tion of field and company officers by regi- ments and companies not to apply to regi- ments, &c., raised under such appoint- ment, , 258 officer to receive an appointment propor- tioned to the force he recruits, 249 of artillery above the r.ankof captain in the provisional army and in the volunteer corps, 249 may be detailed to recruit for companies,^ now in the service under enlistajeut for twelve minths, 254 temporary rank and command conferred on officers of the marine corps doing dutj' with troops, 258 rank of commissioned officers who continue in service by re election to d.ate from the time of their original election or appoint- ment, „ 271 appointment of judges, attorneys, clerks and marshals for district courts in Indian territories, , 272 appointment of quartermasters and com- missaries at permanent posts and depots, 275 Offices, to what^offices members of Congress can- not be appointed, , 13 Ordnance, contracts for the purchase and manufacture of, 2f< Ordnance Department, transfer of funds to, from the Quartermas- ter's Department, 2 Ordnance Service, master armorers, master carriage maker.-', blacksmiths, &c., may be enlisted for, 50 Osages, treaty between the Confederate States and, of Oct. 2, iStil, otKl Paper, to do the printing ordered by Congress or any of the departments, Ill superintendent of public printing to ad- vertise lor proposals, Ill contractor to furnish the paper as the su- perintendent shall require, Ill superintendent to furnish paper to the pub- lic printer for the printing of the laws,... 173 kind to be used in printing the acts, &e., of Congress, 172, 277 Parties, may be heard in person or by counsel, 79 when representative of deceased may be made a party to a suit, 79 who admitted as a defendant in suits insti- tuted under the sequestration act, 203 Partnerships, between citizens and alien enemies, to be settled, 206 interest of alien enemies to bo separated and sequestrated, ..„„. 206 INDEX. XXIX PartnrrgJiipif, (oontinned.) ; joiut rights where :in a'ien enemy is con- '( cerned to l>e severed and intirest of alien / enemy S( qu. strati d 20 P""ner,=, 261 ^ process and pleadings where the uaincg of / the tneinbtrf of a partner hip of alien ' enciuies are uiiktiown, 265-200 ' Patent Of/ice. See Puteiitn. j established, and attached to the Department ( of Justice 136; officers and clerks, and their coiupensaiii>n, \ • J3«, N;?, 145, 199 .^ seal of office \;\f, i appropriation for library of, 144 ') expenses of; to be paid out of iho patent / fuoJ. 14,3, 148 ' messenger; his salary, \9ii '/ f'atvnts, I power of Congress to secure, to inventors.... 14 J patent office es'ablislied 136 J uppointnient of commissioner of patents; ;! bis duties, ],3fi i chief clerk .-. ];-;(5 / examiners of patents, and other clerks, 136 '' assistant examirer, ]yi) z comtuissiontr and other officers dirqualified • '/ from taking any interest in patent?, 1:56 / compensation of coiuinissioner, l.Sfi ? • or.th of iffue ." 13,; ;! bond of commissioner and chief cltrk,..-. 136 / seal of office, f 1,3(5 ^ copies of records to be evidence, '. 136 ^ fees for copies, 13"^ form of patent?, i;57 jj oath or affirmation of applicant 137 < examination of the alleged new invention J or discovery 138 i what to appear to authorize the issuing of ' I aPiitent, 138 / commissioner to notify the applicant when l his api)licatioD is refused I33 ) if a)'plicant persist in his claim for a pa- \ tent, new oath required, 138 / appeal to Attorney (ieDcral, 138 ^ proceedingo on appeal, ' 13^ i applications for patents which interfere > with other pending applications or unex- I pircd patents 138 > coujdnissioner to give notice thereof, ." 138 > appeal from bis decision, 138 f taking out letters patent in a foreign coun- ( try not to deprive inventor of bis right < nnder this act, 13"^^ date of patent I39 / filing of spccilications, Ac, in the secret \ archives of the office. I39 / patents may issue to executors or adininis- > trators ; oath, 139 ■ assignment of patents; to be recorded, 139; inventor may tile caveat; fees: to be kept f eecTCt,.., , 139 ' 30 Patents, (continued.) notice to be given of interfering applica- tion ; decision 159 fr tn what day the notice to be computed,... 14fi remedy at law pieserved 139 defective patents maybe suirendcred and "•e-issue.i 139-140 effect thereof, I40 patents for now iiniirovemeuts of tlic origi- nal invention ordi^covciy, IJO annexing to original pnteots, de^crijUions, Ac. ot such iuiprovemeuts, disalloiTcd,... 140 defendant may plead the general issue and give notice of special matter, HO defences, ', i|(y what special matters the defendant lo state in his notice, when ho relics on a previ- ous invention, Ac, hq judMient .'..". 140 wheTi prior use abroad not to avoid patent,. 140 C'sts, , ., 140 remedy in equity where there arc iurerfer- ing patents, or where a patent has lieen refused on the ground that it would in- terlerc with an unexpired patent, )4I all actions, Ac, cognizatde in the district courts, ^ 14] power cf the court to gr.>nt injunctions, 141 writs of error or appe>l, 141 classification and arrangement in rooms or galleries of models, Ac, 141 to be kept open for public inspection 141 fees for several distinct patents on surren- der UI-!42 when duplicate model* or drawings to be filed 142 question of compensation, 142 patents may issue to the assignees of the in^ ent- rs or discoverers 142 applicant to furnish tiuplicate drawings 142 patentee may disclaim where bis speriiica- tion is too broad ; how made ; ellcct thereof, .,„ 142 application for iuiproviuients and re-issues to be subject to revision as otiginal ap- plication ; disclaimer; appeal, 142 patent to be good for so much as is origi- i-.al, 142-143 actions for infringements, 143 no costs unless disclaimer filed, 143 delay in filing disclaimer to bar, I43 when affirmation maybe,tiken instead of oath,: ". 143 patent fund appropriated for payment of expenses of the patent office '. 143 commissioner to make annual report to Congress, 143 list of patents to be published, I43 appropriation for the library of the patent office, 144 applications by aliens for patents, I44 inventors majfcdisposo of right to use m i- chines, Ac, prior to application, I44 remedy in cases of interference extended to all cases where patents are refused, 144 fees paid by mistake maybe repaid out of the pateat fund, 144 bow oath to be administered abroad, 144 to whom payments for patents to be made... 144 writ of error or appeal to the supreme court, 145 commissioner to prescribe rules for taking evidence, 145 before whom evidence to be tak*n, 14» subprenas for witnesses, ', 1.45 £5X INDEX. Paitnta, (continued.) Penitentiary, (continued.) failure of witness to attend, or refusal to J. person convicted of ielony in district courts tcBtify 145;; , of Indian territories may be confined in,. 274 compensation of witnesfes 145 ( Permanent Co^.xtitntion, nbei) not required to attend ^ 115 J \>hen not deemed guilty of c nteiupt, 145 j fepptiil from the decision of the exiiiuiueis 145 ? Pcrpetnatinrj Testimony, act to put in operation the government un- der, 122, 268 fcccond examination 145 { salaries of commissioner, clerks smd exami- ners,. 145 \,ben models may be restored; when dis- pensed with, 146 p.-iuiiug of piipers, ; 14(5 discouduet of patent a;^cnt, 14C fees paid on application for patents not to be rtfisntled 146 fee paid oc iiliug a cavefat; How considered, 146 ( Petition, how done, 73 in case of abduction or harboring ot slaves by the enemy, where property other than slaves shall have been seized, wasted or destroyed by the euemj', a'.t, not to be conftrued as implying that the Confederate States will make com- pensaiion, 207 207 207 raifs of fees, 146 may be issued for original designs; term of \ patent; fees, 146-147 |; when applications to be completed, 147 | when regarded as abandoned, 147 \ Low patented articles- to bo marked, 147 \ on failure to mark them, no damage^ re- \ coverable for infringement of letters pa- i tent, except, kc, ■• 147 'i c&mmissioaer to have printed detreriptions ; and claims of patents, and drawings of ; the same, 147 ] copies of letters patent to be evidence, 147 [ lii. crimination between persons in regard :, to paient oiSce fees, 14/ '. farther icts to be paid by patentee, 147-14S ;' it' not paid, patent deemed abandoned. 148 right of, secured, 15 Pliysiviana, appropriation for the services of, employed io conjunction with the medical staff of the army, - 136 Pillotc, Mojur General Gideon J., thanks of Congress tendered to, and the officers and soldiers under his command,. 280 Piracies, power of Congress to define and punish, 14 Pieadincis, in what cases defendant may plead the gen- eral issue and give notice of special mat- ter, 140„16(> plea by defendants in suits under the se- questration act j V, hat to set forth, 203 in district court in Indian territories, 273 I.&tent'fund appropriated for payment of ex- ^ Polk, Mojor General Leonidas, . penses of the patent office 148 c thanlis of Congress tendered peii patents issued by the United States to con- tinue in force, 148 where slave is inventor, Ac, Lis master may obtain patent for his invention, 148 effect of patents issued by the United States to citizens of foreign countries, 148 re,*^olution of March 4, 1861, r.:lating to pa- tents and caveats, extended to citizens of all slave States, ■. 163 pre-payaient of postage by applicants for patents, 199 United States patents continued in force,250, 251 •assignments of such patents revived, 250 leoord of assignment, deposit oi draw- ing, &c., to, and the 250 I officers and soldiers under his command,.. 280 Pontoniers, company of sappers, miners and pontonieis, 47 officers and their duties, 43 Ports, limits of the port of New Orleans, defined,.. Ill the porta of delivery known as Bayou St. John's, Lake Port and Port Ponchartrain, and the custom officers abolished and dis- continued,. 112 establisIimcEit of ports of entry and de- livery, 42 power to change and abolish same, 42 Sabine Pass established as a port of entry for district of Sabine Pass, Tcx^.s, 121 endorsements on patents and assignments,.. 251 '> Posne Comitatui, 251 { 251 ( affidavit required where patent or assign ment is lost or cannot be procured Irom Halted States patent office; its effect, notice by applicant, commissioner's fee ibr recording afiidavi-t;... 251 J takingout patent in foreign country not to j debar citizens or alien.*, 251 ; limitation of term, 251 how act of May 21, 1801, in relation to United States patents to be construed, 250 ' gpecificatious, &c., of inventions and useful discoveries and improvements may be Sled iu the office of the Attorney General, 93 ta operate as a caveat, 93 Paymasters, appointment of, in the navy ; their salaries, 121 Pcnohy, judgment for, on bond. 80 Penitentiary, when State penitentiary may be used by tbo courts or marshals of the Confederate fctates, 80 power given to marshal to command, in the execution of his duty, 73 Postage, rates of, established,.... 34, 44 on single letters, 34 what deemed a single letter, 34 what packages rated by weight, 34, 109 drop letters, ^ 34 postage pre-paid by stamps, 34, 100 additional postage on letters advertised, — 34 postage on newspapers sent from the office of publication to subscribers, 34, 109 on periodicals so sent, > J34, 109 on other newspapers, periodicals, circulars, hand-bills, engravings, &c., 34, 109 on books, bound or unbound, 34, 110 publishers may send publications to each other free of postage; 34 deputy postmasters and others to be fur- nished with postage stamps and stamped envelopes, •■ 35 penalty for forging or counterfeiting post- age stamps, "••• 25 INDEX. XXXI Poetaffe, (continued.) or for making, using or possessing forgtfl or counterfeited dies, plates, Ac, 35 or for delivering postage stamps without authority, 06 postma.-ttis to di-'face postage stamps at- • tached to letters 35 penalty for ne(i,leot, 36 penalty for using postage stamps that had been befoie iiseJ 35 fraukinir privilege, abolished, So exception in Cavor of certain officers in the Post-Otfi.e Department, and deputy post- masters 35 act establishing letter registration system repealed, 3(> exfiress and otht^r chartcreil companies pro- hibited from carrying letters unless post- age pre-paid, 36 pre-payracnt of money until stamps, Ac, can bo priicured, 41 regulations concerning the pro-payment of postage on letters, Ac, sent by express and other chartered comp.inies, ;... 67 act of February 2'-^, 1S61, relating to post- ago on certain sealed packai^cs, amended, 109 double postage on newspapers, periodicals and books published out of the Confedo- ratti States, 110 publishers of newspapers, etc., miiy send and recMtfo them to and from each other free of postage, 110 on newspapers, Ac., jdaced in post- oflSce for delivery only, HO ten cent stamfs and stamped envelopes to be furnished, 110 franking privilege extended to the chiefs of the contract, appointment and finance, bureaus of the Post-Office Department,... HO pre-paya*eiit of postage not required of officers, Ac, of the army, 167 nor on Iq^ters transmitted by a member of Congress with his official signature en- dorsed, .'. ». 168 forwarding of mail matter sent to otficer?, Ac, of the army, in case of rcmova!, free of additional postage, 107- IG8 pre-payment of postage not required on mailable matter addressed to State offi- cers, 19'1 pre-payment of postage by applicants fur patents and others, 199 treasury notes receivable in payment for postage stamps and stamped envelopes,... 200 endorsement bj' member of Congress of his name on newspapers, Ac, not to subject ■him to increase of postage, 200 rates of postage on newspapers and period- icals sent to dealers therein, 210 \ may be carried outside of the mail on pre- paying postage, 211 how pre-payment indicated, 211, 217 treasury notes receivable in payment of postage or on deposit for advance pay- ment, i 228 Postage Stampn, treasury notes receivable in payment of, 200 Postal Service, contracts under which, now carried on, may be renewed provisionally, 66 postmasters and other officers in the postal service continued in office, 66 Postmaster General to take entire charge of postal service and may annul conlracte, or discontinue or curtail the servioo, Ao., 105 Postal Servi<:c, (continued.) extra pay allowed whore service discon- tinued .'.. 105 cKassiiication of railroads, 1€5 compensati in allowed railroad companies for carrying the mail, 105 additional pay f'lr night service 105 employees of the Post- Office Department to pass free over the road, 105 extension of m;iil service over the States and territories, 120 time for presenting c'.aims for postal ser- vice, extended, "49 Postmaster Gcnf.ral, dutfcs, 33 may appoint clerks in his department 33 to furnish stamp? and stamped envelopes,.. 35 to contract for blanks for his office: ;it what riites 4() to contract with steamers for the transport- ation of tfte mailt 44 may increase clerical force in his depart- ment, >. 53 may emjMoy laborers S3 may transfer clerks from one bureau in his department to another 67 to renew, provisionally, the contracts und'.ic. which the po.stal service is now perform- ed, and continue in office the postmasters and other officers 68 to advertise! and enter into contracts for carrying the mail 68 to issue circular instructions to postmasters and other officers performing service un- der the appointment of ilic Uiiitod States, 87 may al'ow express and other ehartored comp.anics to carry letters and other mail matter, 67 to take entire charge of the postal service,.. 106 empowered to annul contracts, or to dis- continue or curtail the service, ifcc 106 in case of death, absence, Ac, of, chief of contract bureau to perform his duties j for what time, ?.... 108 may contract for carrying the mail over cer- tain routes without advertising for bids, 119, 139 to collect and pay over moneys due froiii postmasters at the time the Confederata States took charge of the postal service, 199-200, 249 account thereof to be kept, 249 reimbursement out of the treasury for tbo amount paid over, £49 to make proclamation to citiKens of the Confederate States, who have rendered postal service under the United States Government, to present their claims, veri- fied, Ac, to his department, 2Cft to make report of such claim, 203 may appoint additional messenger for Post- Office Department, 210 Poatmaiters, to deface postage stamps attached to letters, 35 continued in office C6 Postmaster General to collect moneys duo from, at the time the Confederate States took charge of the postal service 199-200 to receive trca^ury notes in payment of postage stamps and stamped envelopes,... 200 certain balances remaining in the hands of, to be collected and paid over, 249 Pott- Office Dtpurlment, expenses of, after March 1st, 1863, to bo paid out of its own resources, 14 xxxn INDEX. Poet-Ojffite Department, (continued.) csiablished, o^^ prin-ipal officer of, -^3 Assistaut I'osimaster General and ckrks.*.. 62 Messengers h'i, bl, 210, 262 clerical lorce may be increased, 6o, 57 laborers, 63, 57, 252 ch'ef's of bureaus, cler'.-s and draftsm;in 67 act of jMarcli 7, 1861, treating clerical force in, repealed 57 emploie^s of, to pass free over railroads carrying the mails, 105 appointment of chiefs of bureaus, clerks, drafisiuan and other eojploj'ees ; by whom to be made, 108 principal clerk allowed to each of the bu- reaus, and to the inspection office, 10?-109 additional clerks authorized; their salaries, 109 watchman; his salary, 109 addiiiooal paj- allowed the disbuising clerk of the contingent and salary funds, 109 the First Auditor of the Treasury to audit the aucouuts in, i 113 appeal allowed to the Comptrolldr of the Trctigury, 113 report by Auditor to the Postmaster Gen- eral 113 Auditor to keep accounts and vouchers and report delinquencies of postmasters, 113 to close acfouals quarterly, 113 to register, charge and countersign war- rants; other duties, 113 to state and certify quarterly, accounts of the moneys paid, 114 to supcriuteud the collection of debts, pen- alties and lorfeitures, and direct suits, Ac.' 114 to have charge of lands and other'property assigned, &c., to the Confederate Mates in payment of debts due on account of the Post-Office Department and to sell and dispose of the same 114 clerks to be appointed to aid the First Au- ^ ditor in auditing the accounts ; their ^ Salaries, 114^ Auditor may send communications relating ^ to post-ofliee business free of charge, 114 f^ disbursing clerk for the department, 116 / permanent clerical force increased 252 / ■ appointment of additional clerks in the > office of the Auditor of the Treasury for | the department, 252/ one of the clerks to sign Auditor's name so / as to frank mail matter, 252 J Poet-Offices and Roads, f may be established by Congress, 14 \ Post Routes, ) established, 119, 189, 197-198, 239, 266-268 > Powder, ] contracts for the manufacture of, 28 J Powder Mills, contracts for the establishment of, 28 Practice, court of admiralty at Key West, Florida, to confoim to the practice of the district "i courts, 61 ) may make rules of practice, 61; practice of the district courts, 81-82 ^ practice in civil casts in the district courts ^ in certain Indian territories, 273 { in criminal cases, 274^ Presents, ^ not to be received by officers of the Confed- J erate States 16' President of the Confederate States, \ his term of office, ,,... 17 President of the Confederate States, (eontinned.) electois of; number; how appointed, 17 who cannot be elector, 17 how and where to meet, and choice of Pres- ident, 17 qualificalions, 18 vacancy in (ffice, 1* compensation and oath,... 1 powers and duties, 13 may veto bills 13 proceedings in case of impeachment, 12, 20 cannot pardon in case of impeachment, 18 election of, ;...22, 122 when to be inaugurated, 122 private secretary, ....29, 63 messenger 53 to contract for tiie purchase of small arms and mnnitions of war. and for the estab- lishment of powder mill--, 28 to appoint (he oBiccrs of the general staff of the army, 39 • to borrow money on the ci'edit of the Con- federate States,. 48 to'asi-uiue control of military oper.T,tions in every State 43 to receive from the States the arms, Ac., acquired from the United States 43 to receive forces in the service of the States or who may volunteer, and appoint their general officers, 43-44 may employ militia, militarygpnd naval forces, and ask for and accept volunteers, 45, 176 may purchase and equip vessels, &o., fit for, or easily converted into, armed vessels,... 46 to appoint all officers of the army, 48 may appoint to the lowest grade of subal- tern officers meritorious non commission- ed officers, 48 may enlist master armorers, carriage makers, &c., for ordnance service, 60 to call into service only such troops as the safety of the Confederacy may rt quire,... 51 to cause treasury notes to be issued, 64 to appoint commercial agents or consuls to foreign ports, 65 to cause to be constructed or purchased steam gun-boats for coast defence 65 to appoint attorney and marshal for the court of admiralty at Key West, Florida, 66 to appoint second auditor of the Treasury,. 66 to appoint commissioned officers of the navy, and employ masters, midshipmen, engi- neers, &c., 70 to determit e the relative and a^fimilateJ rank which officers of the navy shall hold toward those of the army, 75 to make appointments of inferior officers,... 75 to appoint district attorneys, 81 to appoint during recess of Congress all of- ficers, civil, military and naval, 89 toappoint commissioners to the government of the United States, 92 furnished mansion to be leased for the resi- dence of, 95 authorized to use the whole land and naval forces to meet the wiir with the United States and issue letters of marque and reprisal, 100 may revoke letters of marque and reprisal, 101 to give inslruciions to the officrsand crews of vessels commissioned, 102 may accept the fei vices of volunteers and appoint field and staff offices, 104, 106 INDEX. XXXlll Presulent of the Confederate Stntcn, (continued.) may receive into the service companies of li^iht iirtillery, 105 power over telegraph lines 106-107 may increase the torps of engineers 115 may appoint military storckeipors 115 may assign officers of the army to staff duty with viiUjuteers or provisional troop? 115 may continue appointment-^ made by him in the military and naval service 1 1 (5, 217 may i rant commissions to officers to raise and command. volunteer regiments, Ac., of persons from certain States 174 to receive and muster into the fervice vol- unteer troops in the State of Missouri.... 184 to announce hy proclamation the iMloption by Missouri of the provisional Couslilu- tion of the Confederate State?, 184 to determine to what nations the commis- gi.iner.s now in Kuropo shall be accredited, 185 to nppoii.t two other conimis.-ioncrs to for- eign nations, and their tecretaries, 185 may appoint aids de-camp for his personal ftaff. authori/.eJ to inflict retaliation on the per- sons of prisoners, to appoint commissioners under the seques- traiiiin net proclanialion of, calling an extra session of Congress, , ; 219 may delegate power to one or more officers to affix his s-gnature to commissions in the armj', 222 may appoint and commission persons as field otlicers or captains to raise regiments, squadrons, Ac, 248 may call upon the several States for troops to serve for three years or during the war, 252 custody of the returns, ic. of the electoral voles for President and Vice President,... Prenident of Congre^i, duties of, in putting in operation the gov- ernment under the permanent Constitu- tion, Press, freedom of secured 16 Price, J!"J„r (iciieral Sterling, thanks of Congress tendered to, and the Missotiri army under his command, 279 Printimj. See Public Printing. of works of aliens not prohibited, 160 Printintj lia.eaH, established, 41 its chief officer, and by whom appointed,... 41 Prieonerit, 188 198 205 23; 2G8 Prizes, (continued.) notice of sale, 112 terms ■.'" 112 purchaser may pay the money or give his prou9isary note .". 112 payment by the marshal of proceeds of sale, 112 commis-ion allowed mars' al for selling 112 marshal to file account of the sales and of all duties and charge.', wib a statement of the notes taken; penalty lor failure; how recovered, 113 removal of prize vessel or property from one port to another, 113 distribution of the proceeds of the sale of ship A. B. Thompson, condemned as a rf'^c 169 relinquishment on the part of the govern- ment to its share in certain prizes, 271 Process, how directed where mirshal or his deputy is a party 75 marshal or his deputy to execute process till next term oT cor.rt after his removal or the expiration of 1 is term of office,.... 76 in who.*e name to bear teste 76 issued from the district court to be under seal of the court and signed by the clerk, 77 form.s of, 77^ 273, 274 mistakes may be amended, 80 persons under arrest on process issued from the United States courts continued in ci'st'xly- ••• 86 process issuing on any criminal charge from I any of said courts continued in force ; to I what Court returnable, S6 I when and how citation may bo served, 264 ', Procldmntion, I by the President, calling an extrasession of ] Congress, ; 219 i Proliiliitioii, I supreme court may issue writ of, to the dis- j irict courts when proceeding a? courts of I admiralty and maritime jurisdiction, 83 I Property, / power of Congress over the property^ of the I Confederate States, 2I I new territory may be acquired, 21 > ferpetuating testimony in cnscs of slaves, ^ abducted or harbored by the enemy and -, of other property seized, wasted or de- s stroj'eJ by them, 207 J Proviaionnf, Constitution, ( publicatirn of, with the a.uto!»ranh signa- r ■ , c X J :, . / tures and flag and seal of the Confederacy. 91 of war; transfer, custody and sustencnce of, I5i f Provisional Forces, officers, crew, Ac, of unarmed vessels not to bo held as prisoners of war, 154 retaliation on the persons of, 198 Private ContribittioHs, reception and forwarding of, for the army,.. 209 Private Secretary of the President, appoiiitmont, 29 salary, 29, 53, 149 Prixes, forfeiture of captures and prizes of vessels and other property, 101, , ,, , di'tribut.on of, 101 ^ Puhlir Printer, fivo per cent, of prizo money and salvage to be paid to collectors of customs, con- suls or olhir public agents 103 money to consiiiute a fund for the support of iho widows and orphans of persons ', killed 104 ' sale of prizes, 112, 208 '' < act to raise 43 < Provisional Gorci-njnent, / Constitution of, i_3 J Publication, ', when and how citation may be served by ;; publication in a newspaper 264 5 as to the printing, pubiieation, 40-41 ^^ appointment of printer to Congress while it ;■ holds its sessions in Blontgomcry, 90 ;' style and quality of work, 90 ; compen-aiiiju, 90 s to print the laws aud resolutions of Con- ;; gross, aud treaties; compensation, 172-1^3 ; Public Prill tin (J, as to the printing of the acts and resolutions ( of Congress, provisional apJ permanent i Constitutions and treaties. See Law^, i ana, •.:i9, 149, 155, 172-173, 277 > how acts to be arranged, 39, 172 f jouroal of proceedings of Congress to be i publishtd, , 39 J acts and journals to be delivered to public ( printer: his duty, ■.».....• 40 j printing of the laws to be executed by the ^ public printer, 172-173 ) acts to be bound, 40, 172-173, 277 < compensation of public printer for the pub- \ lication of the laws and journa:s, 40, 173 \ heads of departraects to contrast for print- ] ing for their offices, 40 ^ accounts for printing; how made out and < certified 40 \ usual fees to be paid for advertisements in public gazettes, 41 } printing on parchment, 41 } post-ofiice blanks, 40 > superintendent of printing to audit and al- , low accounts for printing to authorize ; payments, 41 j appeal allowed from his decision, 41 5 style and quality of work required of print- ', ers to Congress while holding its sessions s at Montgomery,.. 90 j printing for judiciary committee of Congress, 91 ^ printing for the standing committees of ' Congress, 92 t advertisements in public gazettes, 41 5 Public Printing, Superintendent of, / appointment, 41 ; eligibility to office, 41 ; duties, '. 41 ^ to audit and allow accounts for printing to '. auth'rir.e payment, 41 i appeiil from his decision, 41 < salary, HI '/ messenger in his office, -^^M publication of the laws, Ac, under his di- (, rection and supervision, Ill, 172 / may contrict with publishers of newspapers, 111 ' authorized to contract, by advertising for / sealed proposils, for all necessary paper. 111 ( contractor to furnish paper as the superin- ^ tendent shall require; bond and security, 111 / orders for printing by Congress or any of the ^ departments to be sent to; duties of su- '> perintendent in respect thereto, Ill ; to furnish paper for the printing of the laws, > &c., of Congress, 173,277-278 ;; to contract for the binding uf the same, 173 i Puniahmente. Sec Crimea and Punishmentg, ] exceesive, prohibited, 16 Q. treaty betweoo the Confedpr»te States, and, of Oct. 4, 1861, ., 38(j Quartering Soldiers, in piivate houses, restrained,.......,. Ifi Quartermaster General'a Department, officers in, 39,62 their rank and pay, 39, 62 to discharge the duties of 'paymasters, ■ 39 not to assume the command of troops, 39 appointment of additional officers in, 46 bond and security required, 46 pay aud emoluments, 46 how long to continue in service, 46 quartermaster general and his .assistants not to be concerned in certain purchases or sales, 51 increased 115 clerks and their salv.ries 52, 194 transfer of funds from, to the Ordnance De- partment, 256 Quarterinasters, to give bond, 51 of marine corps, required to visit the posts where portions of the corps may be sta- tioned, 74 auditing of claims of assistant quartermas- ters general, 241 appointment of quartermasters at perma- nent posts and depots, « 275 detail of person from the ranks to serve in their offices, 275 Quarters, allowance of; how fixed and furnished, 50 may be commuted, 50 Quorum, of Senate and House of Representatives,... 13 of Senate, for choice of Vice-President, 18 of House of Representatives, for election of President, , ..,.. 17 R. Bailroads, classification of, on which themaflsare con- veyed, 105 compensation .allowed railroad companies for carrying the mail, 105 additional pay for night service, 105 employees of the Post-Office Department to pass free over, 105 connection of the Richmond and Danville with the North Carolina railroads for military purposes, 258 appropriation for this purpose, „ 259 advancement to complete the railroad con- nection between Selma, Alabama, and Meridian, Mississippi, *. 276 Bank, relative rank of officers in the army, how determined, •■•.. 62 relative rank of officers of the navy towards those of the army, 75 relative position of officers of the navy of the United States who hare resigned and received appointments in the navy of the Confederate States, 87 rank of general, established as highest mil- itary grade, ll'"* INDEX. XXX? 127 / 170 / 209 I 188 225 / I I 228 I 228 ' 238 ' 258 \ Rank, (continned.) temporary rank and command conferred on officers of Ibe armj', for service with vol- unteer troops, •• of officers of volunteer forces of civilians appointed staff officers 17), of aiiis-de-carap for PrcsitlcDL's personal staff •;•■ of certain officers who coinuienccd strvice before rcceivinj; their coininis.-ion.», temporary military rank conferred on- offi- cers of the navy ordered to do duty on • shore with troops, to retain their rank in th.^ navy temporary rank and command on officers of the army on duty in certain bureaus, and on officers of the marine corps doing duty with troops rank of commissioned offlccr^ who coutinuo ( in service by ro-electi "i tn date from the | time of their original election or appoint- / ment, 271 ? Rations, '/ of'enliated men of the army, 50-51, 120 ; issued in kind, 51 ; commutation value, huw fixed, W 51 / of enlisted marine;", 121 ) allowed chaplains in the army, 210 !; daily rations of fresh vegetables to be fur- .; nished troops, • 214 / Receipts and E.cpenditnren, '/ Statement of, requircl by Constitution to be t published,.... .". 15^ Heceivern, . / appointment of, under sequestration act,.... 202 ;; bond, ;. '"2 ;! term of office, 202 J sub-division of districts aud appointment ;; of their receivers, 202 ', oath, 202 ' duties. See/SegucsfrnrtoM, aud, 202-206, 2(50-266 ', rendition and settlement of their accounts, '; 204-205, 2&0, 266 accounts to be recorded, ,.' • ^05 !; to pay balances found against them, 205 ; punishment for embezzliug money, 205 i may have instructing of the court or judge, 206 ,■ compensation 20(5, ?63 , to pay t;iXC3 on property of alien enemies,.. 227 ; when to give collector certificate of amount ;, of taxes due on such property,... 227 ', to take and account for property of alien < enemies sold for taxes and afterwards re Records, (continued.) also of papers of every kind p?rlaining to judicial proccediims in any of said courts and to suits decided therein, or to any land office ^* copies of said record« and papers admissi- ble in evidence, 84 trans^criptof tiie record in any case pending in the supreme court of the Unitod States on appeal or writ of error, may be filed in tlie supreme court of the Confederate States, 85, 156 preservation of rcords i.f Congress 90 validity and authentication ol proceedings of district courts in Indian territories,.... 274 Recruiting, reoruitirg g,nd enlisting men for companies reduced by death and discharges, 226 companj' commissioned officers to be detail- ed for this duty 226 officers and privates may be detailed to re- cruit for companies 248, 254 entitled to transportation, 264 recruits to be mustered at the time of enrol- • ment ; transportation, bounty and fub- siatence, 248, 254 personsmay be appoi ted and commissioned as field officers or captains to raise regi- ments, squadrons, Ac. Their pay, 248 officer to receive an appointment propor- tioned to the force he recruits 249 of companies of voluntdfcs, now in the ser- vice for twelve months, 254 companie.-! recruited may" elect their com- missioned officers, 254 pay and bounty of enlisted recruits, 254 to whatnutnber companies may be recruited, 254 when the recruiteil men of one company may combine with the recruits of other companies so as to form complete compa- nies, . 254 254 deemed, 227-228 ] Registries of the Courts, wbeil recruits may be assigned to other companies, Recruiting Stations, for volunteers from the States of Kentucky, Missouri, Maryland and Delaware, 196 Redress of Grievances, right to peti ion for, 16 Register of the Treusuri/, appointment, ?>0 salary, -SO, 53 duties, 31 clerks aud einidoyces in his bureau ; their salaries, 52, 259 may administer oaths 266^ John D. Morris, of Kentucky, appointed J receiver under the sequestration act, 280 / Receivers of the Courts, [ moneys heretofore paid intd the receivers of 5 the courts of the United States to bo 'i withdrawQ^nd deposited in the Treas- ' ury, M. 168-169 j moneys hereafter deposited in the courts of the Cjnfederate titatos to be likewise transferred, 1G9 Records, copies of, in ibe State and Treasury Depart- ^ ments authenticated under seal received ' in evidence, 30, 31 ;; transcript of, on appeal, 83^ transfer of, in suits ponding in the circuit j or district courts of the United States to . / district courts of the Confederate States, 84 ; moneys heretofore paid into the registries of the courts of the United States to bo withdrawn and deposited in the Treas- ury^ 163-169 moneys hereafter deposited in the courts of the Confederate States to bo likewise transferred, 169 Rcid aud Shorter, appointed publio' printers, 90 compensation, 90 Religion, rcli'^ious establishment prohibited, 16 Represe7itation in Congrevs, how representatives apportioned, 11 ratio of representation limited, 11 vacancies in the representalioi^; how filled, 12 basis of, 123 number of representatives to which tho States of Virginia, North Carolina, Ten- nessee and Arkansas, entitled, 122-12S XXXVl INDEX. SepricveSy power of President to graut, lieprisal, power of CoDgress to grant letters of re- prisal, no State to grant such letters, , Jiesolntionn, appoiuting Messrs Rcid and Shorter print- ers to eungie.-s, accepting Iho apprnpriatiou of $Jl)0,0: 0, made by the (Jeueral Assembly ot the St;ite of Aliibania, for the preservaiiou of ihe records of Con- gress, in re^jard to the ^tiitc of North Carolina, and the commissioners from said State to Coiigres.-' in relaiiun to the occuijation of the forts and arsenal.^, &c authorizing the Secretary of Congress to arrange for publication the provisional Constitution, with the autograph signa- tures of.ihe mumbers, and flag and seal of the Confederacy, to authorize tlio judiciary committee to have such uiatttr printed as they may desire to lay before the C ngress, to contiuue in office the otticers of the cus- toms, giving cert;iiu powers to the committee on uaval alf iiis,...i> ." to provide lor print ng for the committees of the Congess, for the appointment of commissioners to the Government of the Uniied States, for the eLforoemeut jurisdiction of district courts under, 163 164 >, 164 \ 164 •; I 164 < 1 INDEX. xxxvu Htveiiuc Service, persons who were officers in the revenue Seah, (continued.) seal f r the Treasury Department; copira of records, &.<:., under, received aa evi- dence , ^» of the district and supreme courts, 75-77 for patent olfice, t-^" service of the United States may be em- ployed in the naval or military service ; ^ salary, ' 220 , Revival, _„ ( „ Qf guits 70 ^ Seamev, when su'iTma^y be revived by xcire faciax,.. 79 ', eulistment of additional seamen for the war 2.3 nice, '/ bounty to, IM-^'i.i export of, except through the sea-ports of / S.archcH, the Confederate States, prohibited 170; freedom from nnreason:ihle, 10 Pg}(g / Search W'airautg, what are reserved to States or the people,... 22 '/ what prohibit, d by Constitu-ion, 15 f Sea Sen-ic'e,, defined, , '^ ^ Sent of G'-renimeiit, ] appro|>riati(ii) to defray expeupcs of rCTtiov- ins the. from Moutgomery to Ricbmon<>, 1G}-T62 removal of, authorized and provided for,-... 165 Second Auditor. See Auditors. v Rules, of war, established. 51 Irvws of the several States lo be the rule of decision of the courts of the Confcderalo Slates, ^7 where the decision of the highest court in a State has become a rule of property the same adopted iis a rule in the courts of the Conlelcratc States 77 J Secrcturifx. See the several heads. district courts may m.ake rules for the con- duct and dispatch of business 81 Subine Pa's. collection district, establifhed. 121 port of entry for said district, 121 J ; appointment of assistant secretaries ma(!« ^ Executive appointments, 241 J Securilif for Costs, ? how required, ^^ ? when suit dismissed if not given, 81 ', Seminole', 'i. treaty between the Confederate States and, of August 1st, 1861, ;*-2 Sales, of real estate for taxes ; deed to the pur- chaser, right of redemption, of properly under the sequestration act. Sec sef/ticstratioH, and 205, 260, of sequestered property of alien enemies for taxes, redemption of, Salvage, vessels and other property of citizens and others re-captured, to be restored to own- ers on payjient (if salvage, •• distribution of salvage, salvage to be i aid to collectors of customs, consuls and other public agents, money lo constitute a fund for the support of widows and orphans of persons killed, 104 Sappers, . .„ comp.any of sap lers, miners and potonier*, 4/ officers, and their duties, ^^ additional company of sappers and booiba diers, '^^ Sappers and bornhadier-i, addiiional company of, added to the milita- ry e.-itablishinent, 119-120 vehicles, arms, pontons, Ac, for the service of said company •*•••• ^20 monthly pay of otiieers and privates, • 120 allowauces to the commissioned officers and 180 181 227 287 101 101 103 12 12 12 12 13 13 18 122 li2 torage. 120 rations and allowances for the enlisted men, 120 Science and Arts, power of Congress to promote, It Scire Facias, power to issue writs of, given to the diMrict and supreme courts, and the judges Ihere- of, l^ when suit may be revived by, 79 Seals, great seal of the Confedciato States t.> bo kept and affixed by the Secretary of State, 30 seal for Slate Department; authentication of records and papers under, 30 31 Senate, members, hnw chosen and chissincd,.* qualification: ((uorum: adjournment; privi- leges ; disqualifications, 12, 13, 13 cannot be presidential electors, 17 vacancies; how filled, 12 Vice President to preside, but not to vote,.. 12 President pro tern., when to be chosen, sole power to try i;npe:ichments, proceedings in impeachments, inay'propose amendra certain stocks or other pub- lic securities, ••• -"1 nor to embrace the property of the ciiiacna of certain States and Territories, 201 duty of citizens to notify officers of prop- erty sequestered, 211 attorneys, agents, foru^cr partners, trustcco and other fiduciaries to give information to receiver, and render ac ount, 2Ui, 2S1 acquitted of responsibility lor property re- ported and turu'id over; piinally for lail- uro ; liable to be sued by the Confederate States, 2G2 act to be given in charge to grand juries; their duty, *<>' XXXVIU INDEX. Seqxiesf ration, (continued.) receiver to take copy of report of the grand r jury and possession of the j roperty re- ) Dorted, and proceed to seqwescrate the '/ same. ■^-'* ) appointment of receiveri; bond; tenure of J office 202 ^ sub-division of districts and appointmeiit ( of other receivers, 202 >, oath of receivers, 202 | receivers to take possession, property of alien enemies; may sue for / and recover samej form of action, ...202, 263 i Eotice to person in possession of or controll- ^ ing the property, , 202 / docket'Qg of cause, 202 ) court or judge may make orders of seizure i or sale to preserve property from vraste... 20:^ I when property may be left in the hands of '/ the debtor or other person ; security for i its safe keeping, &c., 203 < not to apply to stocks or dividends or to I certain rents, 203 j interest or profits of property left in hands ( of debtor or other person to be paid over ( to receiver,.....' ". 20,3/ iwhen further security may be required 2( 3 ) •when Court or judge niaj"" order the money > due to be demanded by the receiver 203 ) notice of motion for judgment on failure J to pay 20.;i^ judgment and execution, 203 i who ruay be admitted as a defendant, 2li3 ] plea; what to set forth, 203 < mode of proceeding, 203 ] jury trial, 204^ writs of garnishment, 204^ power of court to condemn property or debts ^ according to answer, and to order the / bringing in of third person.?, 204 / BO one to be heard without plea, 204 ^ judgment of the court to protect garnishee, 204 '/ bow receiver may test the truth of gam- J ishce's answer, 204 j may propound jnterroeatorieF,,j.. '. 204 / service ot copj' ^U4 , on failure to answer, court may dispose of ;! cause, or imprison the party in default,... 204 , duty of district attorney: compensation,... 204 ^ receivers to render accounts, 204' li.ature and character of the accounts, 204 '. iX't required until judgment or decree of se- ^ questration, 204 <; court may, at any time, require account of ^ - matters in litigation, and make orders / touching same, 204-205 ? filial settlement of receiver's accounts : notice ? thereof to be published, Attorney General or his assistant to repre- / sent the interests of the government be- ) fore the eoccimissioners,., ,..,.... 205-2CC ' Sequestration, (continued.) to prescribe uniform rules of proceedings, 260-266 appeals, 206 the word "person," what to include, 206 by whom oath to be made when coiporaiiou a party, 206 settlementof partnerships, 206 severance of joint rights, ^.. .. 20G preservation of property, 206 receiver may have instructing of the court or judge, 206 how act to be construed, 2C6 litn or debt claimed against an alien enemy, to be propounded and filed ; proceedings, 20G property embraced in the sequestration act to be sold and monej' paid into the Treas- ury, 260 choses in action not to be sold, 260 how moneys realized to be applied; to be paid into the Treasury, 200 separate account thereof to be kept at tie . Treasury, 200 duty of persons in the possession of or con- trolling property of alien enemies, 261 when such persons may be proceeded against for contempt, 261 receiver to give receipt for money, property, &c., paid and delivered 261 proceeding.'; whjre such persons assert claims against such alien enemies, ,. 261 act not to avoid certain payments to, or transfers of property by alien enemies to citizens,.... 261 re.-^ident partners to be dealt with as surviv- ing partners, 261 when property of alien enemies may be do- creed to their next of kin, 262 with what debts chargeable in their hands, 262 sales of property by receivers, 262 < report to court, 262 conveyaBce of title to purchaser, 262 when sale may be confirmed ; when set aside for fraud, «tc., 262 when sale may be delayed by the court, 262 court may order receiver to lease real estate rovisions of s.iid act conflicting with the last mentioned act, repealed, .'.. 266 rank and pay,....^ 38-39, 49, 61-62 President to appoint, 39 lissignnicnt of, to staff duty, ll.'V civilians may bo appointed as staff officers; their rank and pay, 171-209 aids-de-eamp for President's personal staff, 188 date from which the commissions of certain staff offu-ers shall take effect, 22;' staff of major and brigadier generals ap- pointed to tho command of troops in Mis- souri,. 248 Service, ^ State, Ansintaitt Secretary of, * length of service of United States naval ] appointment, , , i'i offioors received into tlie service of the j duties 42 Confederate States; how computed^ 74) compensation, 42,53 xl INDEX. State Dcpartnent, ' established, , 29 fcppointment of Secrotmry of Slute : his duties, 29-30 oompecsatioD, , 29 clerks in, 30. 52 messenger, 62 o'ericil force may be increased, 63 laborers, 53 ^igbursiug clerk lol^he department, 116 Stnte F'en'tentlary. See Ptuitetitia y. S:atc, Searctary of, ftppointusenl, 29 duties 29-HO compensation, 29 oath of ofEce, 30 to keep and preserve the laws and have the eau'.e publislied, 29 to keep and affix the great seal of the Con- federate States .30 to cause aseal tobemadeforhis department, 30 fs^s of office, 30 inay appoint an a.=.sistant secretary, 42 L-:2,y increase clerical force in his department, 53 may employ laborers 63 Siates, fcic-h to have a republican form of govern- ment, 21 to be protected against foreign invasion and.. ^^ di)me.«tic violeiice, ■. 21 cDnu;it be sued, 19 pc^irsnot delegated nor prohibited, reserved, 22 prohibited from exercise of certain powers, 16-17 }::-ivileges and immunities of citizens, * 20 fi^il faith and credit to be given to acts, 2 J admission of other States; provision re- gpectiiig, 20 ir.cmber.^ of legislatures of, to be bound by oath to support Constitution, 22 j-:dges in, to be bound by Constitution and Laws, itc, 21 wVien inhabitants of Territories inaj' form Btates,.,.. 21 admission of Texas, 44 cf Virginia, ». 104 of North Carolina 118 of Tennessee 119 of Arkansas, 120 of Mi;^BOuri, 221 of Kentucky, 222 ii::;y make payments into the treasury in an- tieipation of direct tax, 118 each State to constitute a tax divi.Mcn, 178 p?.yment by State of taxes assessed against her citiaeas, 183 auditing of claims of, against the Confede- rate government, 197 iniemiiity to, against loss, oo account of tbe transfer by thum to the Confederate States of funds belonging to ludian tribes or uioinbers thereof, "283 State Troo2)i, l-unty and furlough allowed to, who re-en- list in the service of the Confederate Btates, 256-257 Stntu'.''';, cf England made prior to July 4, 1776, to govern in the judicial districts in certain Indian territories 274 Str7y Laws, St:ite stay laws not to govern in the collec- tion of debts or chosea in action due to alien enemies, 263 3U»-elceepere. See Military Storekeepers, Subsistence Department. See Commissary Gene- ral's Department. Suf/ar, export of. except through seaports of the Confederate States, prohibited 170" Salts, for infringement of patents, ,. 14S may be maiatained on copies of bonds of clerks and marshals, 156 for recovery of property of alien enemies ; form of action '. 202, 263 in equity not to be maintained where plain and adequate nmedy may be had at law, 77 amount recoverable in suits or bonds, &c., for penalties or for breach of covenant,... 80 upon joint bills, bonds, notes or oblig.Ttions, may be brought against any one or more of the parties, 77 Sup)crsedea8. See Appeal, Writ of Error and Su- persedeas. Stipplles, provision for the care of supplies fur the sick and wounded, 17& reception and forwarding of private contri- butions for the army, 209^ Supreme Court. See Coiirt.s. provision in Constitution respecting, 19 ■when and wheM to be held, ..75, 163 adjournment of, until a quorum be con- vened, 75 in- ease of failure to hold court, process, laleadings and proceedings continued,. ..75-75 writs and process, 76, 168 seal of the court, 76-77 laws of the several States to be the rule of decision in, where they apply, 77 power to issue writs of injunction, scire facias nnd habeas corpus, 78 eontempis of court; how punished, 79 writs of error or appeal allowed the accused in criminal eases, 82 when to give judgment or pronounce sen- tence, and appoint the time and piace of execution, 82 writs of error allowed to, in civil cases, 82 appointment of clerk ; oath; bond; fees,... 83 damages allowed on atBrmance of judg- ment 01 decree 83- in what cases appeals allowed to, f'3 transcript of proceedings 8S no new evidence to be received, 83 appeals subject to the rules prescribed in cases of writs of error. - ; 83 appeals or writs of error to, from existing judgments or decrees, 83 to- make rules for the dispatch of causes, 83 proceedings in cases in which the juages are equally divided in opinion 83 original jurisd-iction, 83 exclusive jurisdiction, 83 trial of issues in fact shall be by jury, 83 power to issuQ writs of prohibition and mandamus to the district courts 83 in what cases writs of error allowed to, from the final judgments or decrees of the highest courts of the States ; under what regulations and with what effect, 84 what errors to be assigned, 84 transfer of causes pending in the supreme court of the United States upon appeal or writ of error to the supreme court of the Confederate States.- 86 if not transferred within twelve months, the judgment of the court below affirmed 8& INDEX. xli 85 [ Supreme Covrt, {continncd.) bond given lor appoul, Ac, to remain in force, transcript ot rcrords printed in the supreme court of the United States may be tiled,.. certain unexecuted judgments, Ac, of the supremo court of the United States to bo carried ii.to cffoct by the district courts.... writs of error or appeal tc Irom judgmonts rendered in causes pending in the courts of the United States at the time of the secession of the several Statts, 86-87 . Surgeon General, bis rank, ray. SurgeonH, their rank, ••• pa}-, ^^ auditing of claims of, ••• appointment of, in the provisitnal army, for the hospitals, Syvp, export of, except through Fea-porls of the Coafoderata States, prohibited, 170 T. Taarea, direct; how to bo apportioned, 1 1, It, I Secretary of (he Treasury to collect in- formation as to the value of property, .to., in the States, with a view to direct Taxes, (continued ) time allowed persons in the military ser- vice, • collector to render account of charges of talc and pay surplus into the treasu- 180 86 S9 49 49 211 17fi taxation,. 118 ttaies may make piiyuieut into the treasury in anticipation of the tax, 118 war tax for the redemption of trcacury notes issued under the act of August 19, < lSf.K..... ;." 177 I taxable property, 177-178 ■; , property exempicd from taxation. 178 J collect. irs and assessors of tax to be ap- \ pointed, 178 <; bond and security required of chief collector; > oath of oflBco, 178 { written lists of taxable property to be ex- ^ \ hibited; „ 178 ; when officer to make the list, 178 ; penalty for false or fraudulent list It6 , party liable to d ublc tax on failure to de- '/ liver list at the proper time, 178 ^ lists to be made in reference to va'ue, Ac, { of property on the l.-t of October, 1b61,.. 179 \ when to be delivered to ta^ collector 179 ] appeals from assessments and for reduction '>, of double tax, 179 >^ tax collector lo furnish the chief collector J with ii^ of assessments and amount of i tax, 179 chief collector to collate the same and for- ,; ward to the Secretary of the Treasury,... 179 when fax to be collected, 179 / collectors to give notice, '. .. 179 ; distress fur taxes, 179 ;, property exempted from distress, 179 ' Hale of real estate, 180 ' deed to purchiiser 180 i when property not divisible, the whole to ha sold 180.^ surplus of Fa OS to be deposited in the treas- j, ury for the u?e of the owner 180 / when the collector to purchase the property, 180 > gale not to take place if taxes paid before / property actuidly sold, 180 ;> right of redemption, 180 ) 180 all deeds for real estate sold to be made by the collector of the district or his suc- cessor in ofiice, ."- 180-181 fee for the detd ; for whose use, 181 commis.-'ions allowed collector, 181 compensation of assessors, 181 when assessor to make out list of real estate forastessment 181 accounts- at^e treasury of all moneys re- ceived, 181 chief collectors to procure '■ietails of the tax and classify the s?me 181 collectors chargeable with interest on mo- neys retained,.. 181 collectors to give bon I ; oath, , 181 to sign receipts in duplicate for tax; how disposed of. 181 moneys ct)llcctcd to be forwarded fo chief cnllector, and disposed of as directed by the Secretary of the 'Treasury, .181 chief collector to make report thereof, 181 taxes assesed to be a statutory lieu, 181 property of collcc'ors bound by statutory lien for faxes received 181 regulations by Secretary of Treasury to give efl'ect to this pet, and instructions as to details 182 correction of errors in assessments, 182 construction of certain words and phrases, 182, 225 capital stock and real eStaie of corporations. When stock in hands of individuals ex- empt from tax 182 on payment by an)* State of taxes assessed against her citi/.vns, authority of collec- tors in such State to cease, 185 extension of time tor making assessments, delivery and return of lists; 225 Se;retary of Treasury may make further extension, 225 cash on hand or on deposit subject to as- sessment and taxation, 225 .■■ecurities for money belonging to non-resi- dents taxed, 225 agent or trustee to pay the lax, 225 agricultural products exempted from tax only when in the hands of the producer or held for hi.< account, 225 no tax on notes, bonds, Ac, when payer or obligor is insolvent, 225 securities for money to be asse.-sed aecord- ' ing to their value, 225 lien for tax" to attach Jrom date of assess- ment 226 property rembved iialJIe lo tax m:iy be dis- trained and sold,. 226 collection of the tax ni;iy be suspended in counties, Ac, oeoupivd by the public enemy, 226 appointment of district collectors suspend- ed when State assumes the paym'cnt of the tax, ". 226 chief collector may ay^point assessors and provide for the making of returns, Ac.,... 226 tax lists to conform to act of Dec. 19, 18(51, 226 receivers to pay taxes on property of alien enemi(8, 227 Bale of sequestered property to raise money for this purpt'se, 227 xlii INDEX. Taxes, (continued.) ; when receiver may give to collector eer in- ', cate of amount taxes due on the property \ of alien enemies £27 ] ■what to be specified in the certifieatd, 2-7 ', Secretary of the Treasury to pay the ( amountand charge same to stqui.stration < fund,„ 227 / postponement of the collection of taxes on I the sequestered property of alien enemies, 227 / certificates fCr the amount due, 227 / when paid, charged to sequestration fund,... 227 / redemption of the sequestered property of ; alien enemies sold for taxej^ 227 ; receiver to take and account for such proper- \ ty, 227-228^ Tthgraph Lints, i materials for the construction of admitted / free of duty, 53'.64 |! President authorized to take the control of, 106 J to appoint agents to supervise communica- 'i tious 106 ] when the President may take possession,... 106;! to issue instructions to the agents and ope- ^ rators of the lines, 106 /^ may employ the operators as agents of the ^J government, 107 ^ compensation of agents to be paid out of / the treasury, 107 / communications in cypher and enigmatical I communicatiuus, 107 f extension and connection of lines, 107,' oath required of ofiScers 107 1' communications touching military opera- / tions, 107 '/ party sending, subject to indictment, fine ', and imprisonment, 107:! compensation to agents of telegraph compa- '] nies charged by the President Vfith spe- c al duties, 124' Icndtv, ^ only gob! and silver coin to he legal, 16 ; TenncKKee, jj admission into the Confederacy 119/ divided into three judicial districts, 224/ one district judge for the whole State; to / hold two terms in each district, 224^ marshal and attorne}- for each district, 224) Territories. See Arizona. j; new territory may be acquired 21 ' Congress to prescribe government for its in- / habitants, 21 ; when they may form States, 21 / negro slavery to be recognized and pro- / tL'Ctcd in, 21 / Je.ra^, _ ^ / exempted from the operation of the tariff > laws, 28 ; admission into the Confederacy 44) act exempting from the operation of the J tariff laws, repealed* 70; revenue laws n'jt to be enforced against, 92 J divided into two judicial districts, 127 ' judge and marshal for western district, 127 / terms of court, ., 127' judge, attorney and marshal for the district ^ oi Xcxas, assigned to the eastern district of said State, 161 Title of Nobility,. not to be granted by the Confederate States or any State, 16 ■ Tobaceo, export of, except through the sea-ports of the Confederate States, prohibited, 170 Tonnaffe, as to States laying duty on,., 17 laws imposing discriminating duties on, re- pealed 38 Transfer of Fundi, from the Quartermaster's to the Ordnance Department, 256 Secretary of the Treasury authorized to transfer funds into the hands of any for- eign banker, 279 Transjjorlalion, granted to twelve months' men in service • re-volunteering or re enlisting, 223 to recruits, 248 to officers and privates detailed to recruit for companies, 254 Treason, how defined and punished, '. 20 person not to be convicted of, unless, Ac.,,.. 20 attainder of, not to work forfeiture, 20 Treasurer, appointment, , -SO salary, 30, 53 duties, 31 clerks and messengers in his bureau ; their salaries 52 appointment of assistant treasurer; duties; salary, , 57 assistant treasurer to perform the duties of treasurer of the mint at New Orleans, 57 authorized to draw checks or warrants on the banks on account of deposit of money under the loan of February 28, 1861, 103 clerks, cutters and trimmers allowed in bu- reau of treasurer, 259 Treasury, how money drawn from, 15 President authorized to borrow, on the credit of the Confencrate States, a sum not exceeding $15,000,000 ; how to be ap- plied, 42 certiiicates of stock or bonds for the amount borrowed, 42 coupons to be attached to the bonds is- sued, 42 bonds or stock may be paid on giving notice, 43 when the interest to cease, 43 form and amount of the certificates of stock and bonds; certificates assign- able, 43 ^report of the Secretary. of Treasury to Congress, 43 duty on c*ton pledged to the payment of the loan, 43 interest coupons receivable in payment of the duty, ■ 43 when duty to cease,...* • 43 sinking fund established, 43 President to cause treasury notes to be issued, not exceeding, at any time, $1,000,000— under act of March 9, 1861,.. 54 when to T lieu of those paid and redeemed, 55 / forging or counterfeiting of treasury J notes, ^8 ; making or engraving plates to be used in forging or cosrterfeiting such notes, penalty for forging or counterfeiting any certificate of stock or bond, or coupon issued under the act cf Feb. 28, ISfil,... Secretary of the Treasury authorized to issue $oO,i 00,000 in bimds, under the act of May 16. 18C1: when payable and rate of interest, sale of bonds for fpecie, military ^ < stores, Ac, 1'' ) Secretary to report his transactions to ^ Cong»ss 117/ denomination of bonds ll< < Secretary of the Treasury m.iy issue treas- i ury notes, without interest, in lieu of ) bonds, to the amount of $20,000,000, 117 denomination 117 ) the notes receivable in payment of debts ^ or taxes, except, Ac.-, 117 'i oxehango of notes fot bonds,- 117 ^ when the privilege of funding to cease, 117 ' other notes may be issued in lictf of ] notes redeemed 117 J treasury notes given in exchange for | bonds that are funded, 117 ( faith of the Confederate States pledged I for the payment of the interest and i redemption of the stock and notes,... IH payment to be made out of any money in the treasury, 118 i penalties, Ac, of the act of March 9, / 1861, authorizing the issue of notes, | considered as a part of this act, 118 } States may make payments into the trtas- | ury in anticipation of the direct tax, 118 debts due to individuals. Ac., of the United States, may be paid into the treasury?.. .. "^ treasurer's certificate; ctrtilioato to bear interest; when redeemable, and in what ••• moneys heretofore paid into the registries and receivers of the United States courts, to bo withdrawn and deposited in the treasury, - 168-169 bonds to be issued in lieu of the moneys withdrawn, 169 when and to whom the bonds made payable, moneys heretofore deposited, remaining undisposed of, likewise transferred to the treasury and to be replaced by 9 bonds, low , Secretary of the Treasury authorized to issue / treasury ni'tes as the public necessities may '> require, under the act of Aug. VJ, 1801, 177 ,- receivable in payment of war tax, pub- ''/ lie dues, Ac, 1'7 ^ bonds to bo issued for the purpose of ;! funding of said notes, and making ; exchiinge, Ac, to the amount of ■: $100,000,000, 177 ' 161 151 169 169 Treasury, (continued.) denomination, 177 may be sold for specie, military and naval stores, Ac, 177 holdars of notes may demand bonds in exchange 177 when privilege of funding to cease, 177 issue of certificates of inscribed stock in lieu of coupon bonds 191 arrangements for the transmission of funds 208 additional amount of $50,000,000 of treas- ury notes authorized to le issued under act of December 24, ISfil,; 231 Secretary of the Treasury m.ay issue further bonds to be exchanged fortreasury notes, 2.31 bonds reconvertible into notes 231 bonds and notes subject to the provis- ions of the act of AufT. 19, l!-fil, 231 reimbursement out of money in the treas- ury to the credit of the Post-Otfice De- partment for amounts received of post- masters and paid over by the Postmaster General, 249-250 how the sum reimbursed to be held and distributed 250 Treasury. Avsiataikt Secretary of the, appointment, 30 duties, 31 salary 53 TrenDury Department, established, 30 officers in 30-32, 66 seal for, 31 prohibition on the officers; penalty, 32 clerks; may be distributed among the bureaus, 52 messengers 62 clerical force may be increased, 6.> luborers, 63 disbursing clerk for the department, 116 clerks in office of Second Auditor may be distributed among tho other bureaus of the department, 151 organization of the clerical force in tho de- partment 25y in the bureau of the Secretary, 259 of the Comptroller, 2.i',i of the Treasurer, 259 of the Register 259 of tho First Auditor, 259 of the Second Auditor, , 259 of the War Tax 2.^9 clerks may be employed on trial ; transfera- ble from one bureau to another; subject to rules, 259 cutters and trimmers allowed in bureau of the Treasurer 259 salaries of clerks 52, 259 of cutters a^d trimmers, 259 of messengers, 52,259 disbursing clerk ; additional salary allowed him. 116, 259 Treasury Notes, Bondu, etc. See Treanury. officers to be appointed to assist in prepar- ing and signing, 167 treasury notes receivable in payment of postage stamps and stamped envelopes.... 200 receivable in payment of debts duo to alien enemies and for property sold under se- questraiioQ act, > 206, 266 $300,000 in treasury notes to be issued to the State of Florida 210 receivable in payment of postage or on de- posit for advanced payment, 228 xliv INDEX. Treasury Nott't, Bondu, etc., (continued.) may be ai>p!ied by the Secretary of tho Treasury to tbe redemption of certain • bou.ls, 257 Trta-Mry, Serret''ry of the. See Treimxtry. duties of, 30 to appoint subordinate officers and clerks in his departmcnr 30, 31 shall procure an (ifficial seal 31 to estublish'ports of eatry and delivery, 42 power to chanire and abolish same, 42 may appoint collectors of customs and fix their sjlarics, 42 to distribute clerks in Treasury Department among the several bureaus, 52 may increase clerical force iu bis department, 53 ^mayempliiy laborers 53 may borrow monij' on the credit of treasury notes i;?ucd undvr ihea'^t of Mar. 9. 1861, 54 to make rules as to tho custody, disposal, Ac, of sui-li notes 55 to make payment of said notes, and author- ized to pur(!hase same at par 55 to appoint r^p'cial agnnts to or^^-ani/.e custom- houses on tho frontiers, au how may be made, 18 '/ to be supreme law, 21 ) individual St;ites not to male, 16 ) publication of, 149 ', with the Creeks, 289 J tho Choctaws and Chickasaws, 311 ; the Seminole?, 332 the Comanchesand other tiibcs and bands, 347 the Comancbcs of the Prairies and Staked Plain .364 the Osuges f. 363 the Scnccas and Shawuces, 374 'i the Quapaws, 280 the Cherol.ees, 394 Trial, ', mode of trial of crimes against laws of tho '; Confederate Stdtes, 20 ) right of accused ti) trial, by jury, 16 of what district jury is, and where trial is held 16, 20 \ in what cases there is a right of trial by ( jury, A 16 / how fact tried by a jury is re examined in ) court of Confederate ttatos, 16 \ Trimmers luid Cut (em, ) allowed in t' e bureau of the Treasurer; / their salaries, 259 J Troopi, ) as to States keepirtg them in time of peace, 17 u. United StatcK. See Lnw. certain laws of, continued iu force, 27 laws of, repugnant to the act for the estab- lishment and organization of the army, repealed, : 61-52 resolution for the appointment of commis- sioners to the government of, 92 exi.stencc of war recognized between tbe United States and the Confederate States, lOO Vitncanciee, in representation in Congress, 12 in office of President; Avho to act, 18 President to till vacancies during recess of Senate, 19 in established regiments and corps; bow tilled, 48 in volunteer companies; how filled, 104 in case of death, absence, Ac, of Postmas- ter (xcneral, who to discharge the duties, and for v?hat time 108 in companies, Ac, of troops revolunteering or re-enlisting, filled by promotion 223 in tbe lowest grade of commissioned officers filled by election, « 2?3 occurring iu certain offices filled by promo- tion according to grade and seniority, 248 rule of promotion departed from in favor of any person specially distinguished, 248 in certain companies, filled by volunteers.... 248 in recruited companies of volunteers ; how filled, 254. VegetahlcB, daily ration of, to bo fumJiihed troop3, 214 INDEX, xlr Vtnire Facias, to issue for a jury of white men, where white {itTSOus are v"' upon trial in In- ^ diau territories -''' ' Vteteh, bound to or from one State not obliged to enter, clear or pay duties in another 16 ; regulations for vessels navigating "the Mis- ^ sisi'ippi river, .v5h-37 / not enrolled or licensed may be employed in the eoastiug trade, • "^8 . repeal of laws prohibiting importation of ^ goods in vessels belonging to foreigners, 38 ^ }aw8 imposing discriminating duty on the ; tonnage of'ships or ve.^sels, repealed 36 ; purchase of vessels, *c., fit for or e.-i.sily converted into armed vessels 4t> what vessels may bo registered, 4(1 ' light money on ship."* or vessels, 75 concerning letters of mar.jue and reprisal ^ to private armed ves&cls. See Marque and h'tpriml, and, 100-104 relinquishment on the part of the govern- ment to any share in certain vessels, Ac, ' taken in the Ghesapeai field and staff ollicers of separate battalion.<», 46 ' addition.il second lieutenant allowed each / company, 46 ■ umber of privates in company, limited,.... 46 '. company officers elected by the company and commissioned by the President, 104 vacancies; how filled, 104 32 Volnuteerii, (continued.) volunteer forces to be subject to the a;^l« for the government of the army, 104 independcDt or detached servi'-e 10? battalions and regimen is from St.ateg not of the Confederacy may be enlisted. Presi- dent may appoint :!ie field and staff otK- cers ^^* commission of officers 10ft supernumerary officer may be attached to each couijany 106, 171. certain battalions I'f volunteers allowed two lioldoffieers 1^* rank nf officers 170 assistant adjutants general may be appointed tor vcilnnteifr I'orce.x. 17* their rank and pay, 17* commissions to otjaccrs to raise and com- mand \oliinteer regiments, Ac, of per- sons from certain States, 17* volunteer troops in the State of Missouri may be received and muslereo into the servici.-' !•* lor local defence and special service. See Local Defence and, 18* recruiting stations for volunteers, from eor- taiu Stitfes 151 commissions as cajnains to pevsous to raise and command companies com- posed of such voluntoers, 198 organization of volunteers into compa- nies and rigiuaents, 18* no compensation allowed except cloth- ing and rations till organized, 197 fiivt regiment of North Carolina volunteers received into the service 212 equi])ments to be furnished voluiitefir caval- ry compauies ~ 2l;V reorganization of troops revolunteering or re-enlistiHg, 32Jt uuder the urX of March 8, 1861, may bo ac- cepted singly as well as in companies, 348 election of tioid and company officers 104, 248, 268 vacancies in certain companies filled by, 348 appointment of officers of artillery above the rank of captain in the volunteer corps, 24t recruiting of companies of volunteers, now in the service under enlistments for twehe months, 38* original voinnteer;; m.ny ro-enlist iu the compauies to be recruited,....." 251 arms of, to be kept within the control of the President 28t ^V War. power of Congress to declare, 14 as to States engaging in, 17 contracts for munitions of, 28 President to receive from the States arms and munitions of war 43 rules and articles o?', established, 61 existence of war, recognized, between the • United States and the Confoder.ito States, 10* President autbori/.ed to use the whole land and nBV.il forces to mewt the war com- menced 100 War Dcprvtmcni, e.ii compensation for services fendcred the gov- ernment, . 286 Jumper, John, principal chief of Seminole nation ; his loyalty rewarded, 234 285 284 M. Melfiu, Samuel, deceased, his widow to be paid for certain services rendered by the decedent 2Sfi MeiDphlx, El I'finn and I'acific liailroad Compani), authorized to take possession of certain railroad iron intended for said coin))any, upon piiyment of duty and lawful cliargcs. 166 Micco, Jfeniho, principal chief of the Sominolo nation : his loyalty rewarded, 284 Mihage, of G. II. Oury delegate from Arizona, 285 Mobile and (inut \tirtliern Railroad Coiiijiani/, appropriation for the relief of, 2$!^ N. yaral Djlicci', certain naval officers to ho paid their trav- 286 fcling expenses, ^ xlviii INDEX. Nnvif, Secritufy of the. to pay cerlain n;iial tiffic<;r.i (heir tn»veiing expenses, it8 ,V",i,"«, A. B., collector of the port of iSt. Marks, Florida, allowed a credit for aud on aocount of the duties aceriiin;r upon a certain cargo of iron,..;. 2)i^ 0. pay and mil«af(o of, an ilelegi»t« from Ari- ziioa. fi'V Ijis iUtfeU'lauo'vN Pngtinti'lcf Genrro!, to CHiisc, tlie su'counis of Dillon Jordan uviil F. Glafkmyer, for postal eervjces, to be audited, 284 to make rep.ort thereof to Conjirc.-s 284 R. lldilroads. api ro[)riiition for the relivf of tht; Mobile arid 7 /ieaofutioiiH, (continued.) to pay certain naval officers their trareling expenses, „ OS ill relation to pay to disbursing clerk of ap- propriation for removal of seat of gov- ernment, 2Sf s. Stat of Government, comuiiftee on removal of, to pay the widow of Siiuiuel Melvin, deceased, for services rendered by the decedent, 288 Sciniiiole Action, ^ loyally of Hemha Mieco, or John Jumper, principal chief of, rewarded, 284 Simine", linpheal, tu be paid certain traveling expenses, 98 T. Tutuidl. Jdfeph, J tfi be paid certain traveling expenses, iS I Travelitii/ E.ipenees, ) certain naval officers to be paid their travel- / intr expenses, 9S w. Wixideii, J. M., authorized to file a caveat, Ac, for the pro- tectinn of his improvement in railroiwJ swiiches, ^m m ^W m -::^tMH- WM ••^ !^^^SJ *g :iiaiiiii^»iPi ^^.i^^-^ WkLL mm^^^""^'"^'z ,^.. ,^- .^ W- ^ » 1^^ ''■m0f ^1