fi yU^i^CAM..9^LJi, ^f^ujl^ /jLuKM^^ut^ (^S'X.'^^CjtccAZ^r-ra^ ^^tt^t-K- ROOM COL. GEORGE WASHINGTON FLOWERS MEMORIAL COLLECTION DUKE UNIVERSITY LIBRARY DURHAM. N. C. PRESENTED BY W. W. FLOWERS Digitized by tine Internet Archive in 2011 with funding from Duke University Libraries http://www.archive.org/details/provisionalperma03conf PKOVISIOXAL AND PERMANENT CONSTITUTION S\ TOGETHER WITH THE tis Mm\ B(Mh\ims 1 FIR^^ SESSION OF THE PROVISIONAL CONGRESS, CONFEDERATE STATES. 1861 MONTGOMERY, ALA. SHORTER k REID, PRIXTEKS AND BIND 1861. HfiAOaOAllTERS Olf CrtNSCBIKnoN, » (repotllnit to. and Tba DUtrlot Euruliiuf Oa\, •oUng ill conciirt wltli, thu'loiml (un'imiamT.r pniiwoil fortbivilh, iir send «,iino miliM'iumi vUlt tll» VWlOUA Camiltl nC frmtng witllin tlli.tr p«V lioctive Diilriotn, miuloriid Into »|iti,.|«l oiinnli. n, ,» !i^ , ."""' ?•!' •'•»"« 10 «>piro. The pur- pos» of l»e visit will bmo allow all who dMitn in «v«il iheiii»«lvi.s of IlioprivileR.of voluulBerl'iii. and rurlougti. Mtandad in QoaeVal Order." No ,' "I'lSod ' "' "" "'"' '^"P"'"'""'. l>er..rlti; lhiJiri',!LSL.lT ?'"""Kl' f"!"" "'« e»piri.tIon of lllnir enllumeut, lisforo rtpporUuK at tlio Uaino of Ii.»truolio.i,irillb.allow.d to all who.™ "iamp and thus volant.ur. ThMe who J„oliiie to volunt«ir ri'^.Vr'.W!"'"" K"""'"!! UnioT, at the ",pir„ lion of their term 01 enllilmelit lor Knrollrar.iil ivlll f..rle,t all claim to furloash. and will b"™„i;,;,;ib Si..*,- "^'..'""'"""i' '°"°"'''»<«ly upoulhe ei pimlion of tbeir present special serTioe Thie order ia issued with the oonourrenoe of Wa ior General Howell Cobb, comm»iid"ug °aMri"; t>tate Quard." * «ouiKi« **y order ot * MAJOK CH«S. J. OAUKIS, „ , , . Com'dt of C'OQSoripts tor Oa P. lootiiY, Ueot. » Aolg A<(jt. >Ia: tClan Hiubmond, jau 'J X&Hi ' f aeneral Orders, No. 3, I. The followipg Acta of Congress and Keeula tion, ar. poblishod lor Ihe ioformallon of idl oe?- aoos ooDcerned therein ■ "^ ACTS. AN ACT to prevent the Kolislment or KnroUment ot e?.te Su". ' "' ^'"'"" "' "" ''"°°'*^' " The Coegress of the Confederate States of Am. service shall her«afler bo permitted or allowed to furnubasubstilute for snob service, nor shall anv .ubalilnt. be received, enlisted or enrolled in Ihi m liUry service of the Ouufederate Stales," [Approved December Sfllh, 1?B3.) AN ACT to put aa end to the Exemption from Mil. Itary Borviue, of those who ha isbedSabstitates. " Whereas, in the present cia country, it requires theeidoft ij berutoloro fura- umstanct-s of the ' .-. of Ihe Confederate Slates of Ame- •t. That no person shall be exempted a of his having f^r- from military „ „ , nishod a substitute ; but this act shaTl „.„. •trned as to .(lect perscne who, though not lliible t.j render miiit.ryservice.b»vo. nov.rliieleas. lurnialied sobstitliles." lApproved January 5ih, 1861.1 II. PersouB renSerod liable to miliary service by operation ofthe preceding acts, are pieced on the .a.-ne lo..liiig with all otbors hitherto hold liable by Acts ui Congress. III. Persoui herein rendered liable lo mUitarr ser- "l^f^ifila""/?'', '" "r" " 'Olunteeni or con- lOrlplB.wltbuut delay.to the enrolling oBoers; and all who delay neyond the Ist of February 1 act, will be I .jolisidered as having renounced the privilege of ' "'"j||J^'«0"u«. and held for the assignment according iV. Enrolling officers will proceed, a« rapidly i» . prao«i, able, in Ihe enrollment of pereone lieteia made liable to militery service. Previous to en- rollment aa oonsoripta, all such persons will be el. I lowed to volunteer in comuauiea in service on the ' nth April 18(18; provid-d, the company chosen does I not attbe timeol voluuteonng reach the maximum i Dumber allowed ; and upon sueh company being se< I lected the .volunteer will receive from tbe eiirolTitig I olficer a certlUcate to the effect that be has so volun- teeted ; and no volunteer will be received into any company except on such oeriilicale. Pemone who faU ' I V. Persons who repori I be eorolied, and mii" ^■' daya before reportii' allowed tbec V L All persona, whether volunteers or uousnridta uuder this order, wilt puss through the camp of Tn- •tructloii of the tjlate lo which they belong, und hi forwarded tbeoce 10 the companies which are ae- lecled, or to which they may be assigned. Vli, The Bureau of Consoriplion is charged with adopting proper regulations for the enforcement of Ibis order. VIII. All exemptions heretofore granted are sub. ject to revision, under inatructiouafrom tbe Bnresu of Conscription ; and if found to lie improper oruu authorized by law, will be revoXt-d. By order S. COOPEli. Adjntxnt and Inspector Ueneral. Idr~SaTannah Uepnblican, Augusta ConstUution alist, and Atlanta Intelligencer wiil eSLt, , .,i>y uoi publish Qvd {il times daily, jan 29-dOl ^^ ■ SI • I _ *, NolU'c Irom tliV CuiuuiKmiuui 4>i Coiiscrlpm. r tfalt thB ICnroUl&ic UuuartOlCni n) HPOrcla jn .iTv . rtrdlntOleoaft)(\i*K''«« Vm> I ]Hm, , , . <,, >, ,,(«!. .). lOKBTdtoff th.^ K' mill ilitoaiEhUi«cumityl£ui d" do do Orimo," flo do (,'o no AtlimtH. do do du du ^li.h»rc.t». do du do uo Citrtuipvillo, do CUAKLKB J. n^HltlH, MeJ uod t'omtld't ifCtltttti, HtAH Ot Q:omilk Mean, AOga^ta Coji>itTtuUon- [i-l Allniti InWlUij^tici-f pub- lUt, ColQmbua TImoe, . Itih tflD times Jtm UO.tftOt ^m. ,Tuii 9»ui}.insiii siii»i|.).i9i4r 'NVHHOOD '3 "V 'ea JO omj £q etitASTrpiMBn ^1t-» apura Tioiponnoo X]y •X.DOS 'K0X13 "JI T ■mo laoJT 'SNraXV -a NHOf L«snw«eartJ lji»«*- ^Joax> '?innii>ioo 5« poq Avon ODTOO anion rrvprViT rfBtT lT01M2IIIlHX-5O-n^\\ CONSTITUTION FOR THE PROVISIONAL GOVERNMENT OF TUE CONFEDERATE STATES OF AMERICA. We, the Deputies of the Sovereign and Independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, invoking the fovor of Almighty God, do hereby, in behalf of these States, ordain and establish this Constitution for the Provisional Government of the same : to continue one year from the inauguration of the President, or until a permanent Constitution or Confederation between the said States shall be put in operation, whichsoever shall first occur. ARTICLE I. SECTION 1. All legislative powers herein delegated shall be vested in this Congress now assembled until otherwise ordained. SECTION- 2. When vacancies happen in the representation from any State, the same shall be filled in such manner as the proper authorities of the State shall direct. SECTION 3. 1. The Congress shall be the judge of the elections, returns and qualifications of its members; any number of Deputies from a majority of the States, being present, shall cca^dtute a quorum to do business ; but a smaller number may adj<^^i from day to day, and may be authorized to compel the attendJirce of absent P34817 1 members; upon all questions liefore the Cong^ress, each State sh;ill be entitled to one vote, anil shall be represented by any one or more of its Deputies who may be present. 2. The Conirress may determine tlie rules of its proceedings, punish its members for disorderly behavior, and with the con- currence of two-thirds, expel a member. 3. The Congress shall keep a journal of its proceeilings, and from time to time publish the same, excepting such ]»arts as may in their judgment require secrecy ; and the yeas and nays of the members on any question, shall, at the desire of one-fifth of those present, or at the instance of any one State, be entered on the journal. SECTION 4. The members of Congress shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederacy. They shall in all cases, except treason, felony and breach of the peace, be privileged from ar- rest during their attendance at the session of the Congress, and in going to and returning from the same ; and for any speech or debate, they shall not be questioned in any other place. SECTION 5. 1. Every bill which shall have passed the Congress, shall, be- fore it becomes a law, be presented to the President of the Con- federacy; if he approve, he shall sign it; but if not, he shall re- turn it with his objections to the Congress, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such re-consideration, two-thirds of the Congress shall agree to ])ass 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 the bill shall be entered on the journal. If any bill shall not be returned by the President within ten days (Smidays excepted) after it shall have been presented to him, the same shall be a law, in like manner, as if he had signed it, unless the Congress, by their adjourn- ment, prevent its return, in which case it shall not be a law. — The President may veto any appropriation or appropriations and approve any other appropriation or appropriations in the same bill. gki 2. Everji^™ r, resolution or vote, intended to have the force and effect of a law, shall be presented to the President, and be- fore the same shall take eifect, shall be approved by him, or be- ing disapproved by him, shall be re-passed by two-thirds of the Congress, according to the rules and limitations prescribed in the case of a bill. 3. Until the inauguration of the President, all bills, orders, resolutions and votes adopted by the Congress shall be of full force without approval by him. SKCriON G. 1. Tlie Congress shall have power to lay and collect taxes, du- ties, im|)osts and excises, for the revenue necessary to pay the debts and carry on the Government of the Confederacy ; and all duties, imposts and excises shall be uniform throughout the States of the Confederacy. 2. To borrow money on the credit of the Cotifederacy : 3. To regulate commerce with foreign nations, and among tlic several States, and with the Indian tribes : 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Confed- eracy : 5. To coin money, regulate the value thereof and of foreign coin, and tix the standard of weights and measures : 6. To provide for the punishment of counterfeiting the secu- rities and cm-rent coin of the Confederacy : 7. To establish ])ost offices and post roads : S. To promote the progress of science and useful arts, by se- curing, for limited times to authors and inventors, the exclusive right to their respective writings and discoveries : 9. To constitute tribunals inferior to the supreme court : 10. To define and punish piracies and felonies committed on the high 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 : 1 2. To raise and support armies ; but no appropriation of mon- ey to that use shall be for a longer term than two years : 13. To provide and maintain a navy : 14. To make rules for the government and regulation of the land and naval forces : 15. To provide for calling forth the militia to execute the / laws of the Confederacy, suppress insurrections, and repel in- vasions : 1 6. To provide for organizing, arming, and disciplining the mi- litia, and for governing such part of them as niay be employed in the service of the Confederacy, reserving to the States respec- tively the appointment of the otticcrs, and the authority of train- ing the militia according to the discipline prescribed by Con- gress : 17. To make all laws that shall be necessary and proj>er for carrying into execution the foregoing poM^crs and all otluT pow- ers expressly delegated by this Constitution to this Provisional Government: 18. The Congress shall have power to admit other States : 19. This Congress shall also exercise Executive powers, until the President is inaugurated. SECTION 7. 1. The importation of African negroes from any foreign coun- try other than the slave-holding States of the United States, is hereby forbidden ; and Congress are required to pass such laws as shall efFeetually preveiit the same. 2. The Congress sliall also have power to prohibit the intro- duction of slaves from any State not a member of tliis Confed- eracy. 3. The privilege of the writ of Habeas Corpus shall not be suspended unless, when in case of rebellion or invasion, the pub- lic safety may require it. 4. No Bill of Attainder, or ex post facto law shall be passed. 5. No preference shall be given, by any regulation of com- merce or revenue, to the ports of one State over those of anoth- er : nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties, in another. 6. No money shall be drawn from the treasury, but in conse- quence of appro))riations made by law ; and a regular statement and account of tlie receipts and expenditures of all public money shall be published from time to time. 7. Congress shall appropriate no money from the treasury, unless it be asked and estimated for by the President or some one of the heads of Departments, except for the purpose of pay- ing its own expenses and contingencies. 8. No title o{ nobility shall be granted by the Confederacy ; and no person holding any office of profit or trust under it, shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign State. 9. Congress shall make no laAV respecting an establishment of religion or prohibiting the free exercises thereof: or abridging the freedom of speech, or of the press ; or the right of the peo- ple peaceably to assemble, and to petition the government for a redress of such grievances as the delegated powers of this Gov- ernment may Avarrant it to consider and redress. 10. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. 11. 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 manner to be prescribed by law. 12. The right of the people to be secure in their persons, houses, papers, and effiscts, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and par- ticularly describing the place to be searched, and the persons or things to be seized. 13. No person shall be held to answer for a capital or other- wise 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 militia, when in actual service in time of war or public danger ; nor shall any person be subject for the same offence to be twice pi;t in jeopardy of life or limb ; nor shall be compelled in any criminal case, to be a witness against himself; nor be de- prived of life, liberty, or property, without due process of law; nor shall private property be taken for pubhc use, without just compensation. 14. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wlierein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witness against him ; to have com- pulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence. 15. In suits at common law, where the value in controversy / shall exceed twenty dollars, the ria^ht of trial by jury shall be preserved ; and no fact tried by a Jury shall be otherwise re-ex- amined in any court of the Confederacy, than according to the rules of the common law. 16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual ]>unishnient inflicted. 17. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 18. The powers not delegated to the Confederacy by the Con- stitution, nor prohibited by it to the State, are reserved to the States respectively, or to the people. 1 9. The judicial power of the Confederacy shall not be construed to extend to any suit in law or equity, connnenced or prosecu- ted against one of the States of the Confederacy, by citizens of another State, or by citizens or subjects of any foreign State. SECTION 8. 1. No State shall enter into any treaty, alliance, or confeder- ation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex ])ost facto law, or law impairing the obligation of contracts ; or grant any title of nobility. 2. No State shall, Avithout the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the Confederacy, and all such laws shall be subject to the revision and control of the Congress. No State, shall, without the con- sent of Congress, lay any duty of tonnage, enter into any agree- ment or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. AllTICLE II. SECTION 1. 1. The Executive power shall be vested in a President of the Confederate States of America. He, together with the Vice President, shall hold his office for one year, or until this Provis- ional Government shall be superceded by a Permanent Govern- ment, whichsoever shall first occur. 2. The President and Vice President shall be elected by bal- lot by the States represented in this Congress, each State cast- ing one vote and a majority of the whole being requisite to elect. 3. No person except a natural born citizen, or a citizen of one of the States of this Confederacy at the time of the adoption of this Constitution, shall be eligible to the office of President > neither shall any person be eligible to that office who shall not have attained the age of thirty-five years and been fourteen years a resident of one of the States of this Confederacy. 4. In case of the removal of the President from office or of his death, resignation or inability to discharge the powers and duties of the said office, (which inability shall be determined by a vote of two-thirds of the Congress,) the same shall devolve on the Vice President ; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring Avhat officer shall then act as President; and such otHcer shall act accordingly, until the disability be removed or a President shall be elected. 5. The President shall at stated times receive for his services, during the period of the Provisional Government, a compensation at the rate of twenty-five thousand dollars per annum ; and he shall not receive during that period any other emolument from this Confederacy, or any of the States thereof. 6. Before he enters on the execution of his office, he shall take the following oath or affirmation : I do solenmly swear (or affirm) that I Avill faithfully execute the oificc of President of the Confederate States of America, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof. SECTION 2. 1. The President shall be Commander-in-Chief of the Army and Navy of the Confederacy, and of the Militia of the several States, when called into the actual service of the Confederacy ; 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 offices; and he shall have pow- 10 cr to grant reprieves and pardons for offences against the Con- federacy, except in cases of impoachniont. 2. lie sliall liave power, by and witli the advice and consent of the Congress, to make treaties; provided two-thirds of the Cousrress concur: and he Khali nominate, and l)y and with the advice and consent of the Contjross shall appoint ambassadors, other public ministers and consuls, judges of the court, and all other officers of the Confederacy whose appointments are not herein otherwise provided for. and which shall be established by law. But the Congress may, by law, vest the appointment of each inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Congress, V)y grant- ing commissions which shall expire at the end of their next ses- sion. SECTION 3. 1. He shall, from time to time, give to the Congress informa- tion of the state of the Confederacy and recommend to their consideration such measures as he shall judge necessary and expedient ; he may, on extraordinary occasions, convene the Congress at such times as he shall think proper ; he shall re- ceive ambassadorsand other public ministers ; he shall take care . that the laws be faithfully executed ; and shall commission all the officers of the Confederacy. 2. The President, Vice President, and all civil officers of the Confederacy shall be removed from office on conviction by the Congress of treason, bribery, or other high crimes and misde- meanors : a vote of two-thirds shall be necessary for such con- viction. ARTICLE III. SECTION 1. 1. The judicial power of the Confederacy shall be vested in one Supreme Court, and in such inferior courts as are herein directed or as the Congress may from time to time ordain and establish. 2. Each State shall constitute a District in which there shall be a court called a District Court, which, until otherwise pro- - vided by the Congress, shall have the jurisdiction vested by the 11 laws of the United States, as far as applicable, in both the Dis- trict 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, exercise the pow- er and authority vested by the laws 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 may be taken directly from the District Courts to the Supreme Court, under similar regulations to those which are provided in cases of appeal to the Supreme Court of tlie United States, or under such regalations as may be provided by the Congress. The commissions of all the judges shall expire with this Provisional Government. 3. The Supreme Court shall be constituted of all the District Judges, a majority of whom shall be a quorum, and shall sit at such times and places as the Congress shall appoint. 4. The Congress shall have power to make laws for the trans- fer of any causes whicli were pending in the courts of the United States, to the courts of the Confederacy, and for the execution of the orders, decrees, and judgments heretofore rendered by the said courts of the United States ; and also all laws which may be requisite to protect the parties to all such suits, orders, judgments, or decrees, their heirs, personal representatives, or assignees. SECTION 2. 1. 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 ambas- sadors, other public ministers and consuls ; to all cases of admi- ralty and maritime jurisdiction ; to controversies to which the Confederacy shall be a party ; controversies between two or more States ; between citizens of different States ; betAveen cit- izens of the same State claiming lands under grants of diiforent States. 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the su- preme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate 12 jmi;?ch slave shall be found, and in case of any abduction or forcible rescue, full compensation, including the value of the slave and all costs and 13 expenses, shall be made to the party, by the State in Avhich such abduction or rescue shall take place. SECTION 3. 1. The Confederacy shall guaranty tocA-ery State in this union, a republican form of government, ami shall protect each of them against invasion; and on application of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence. A K T I C L E Y . 1. The Congress, by a vote of two-thirds, may, at any time, alter or amend this Constitution. ARTICLE VI. 1. This Constitution, and the laws of the Confederacy which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederacy, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding. 2. The Government hereby instituted shall take immediate steps for the settlement of all matters between the States form- ing it, and their other late confederates of the United States in relation to the public 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 pertain- ing to the common property, conmion liability and common ob- ligations of that union, upon the principles of right, justice, equity, and good faith. 3. Until otherwise provided by the Congress, the city of Montgomery, in the State of Alabama, shall be the seat of Gov- ernment. 4. The members of the Congress and all executive and judi- cial officers of the Confederacy shall be bound by oath or affir- mation to support this Constitution ; but no religious test shall be required as a qualification to any office or public trust under this Confederacy. CONSTITUTION OF THE CONFEDERATE STATES OF AMERICA. "We, the people of the Confederate States, each state acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domes- tic tranquility and secure the blessings of liberty to ourselves and our posterity — invoking the favor and guidance of Almighty God — do ordain and estabUsh this constitution for the Confeder- ate States of America. ARTICLE I. SECTION 1. All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Sen- ate and House of Representatives. SECTION 2. 1. The House of Representatives shall be composed of mem- bers chosen every second year by the people of the several states ; and the electors in each state shall be citizens of the Confederate States, and have 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 the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when eleeted, be an in- habitant of that state in which he shall be chosen. 16 3. Representatives and Direct Taxes shall be apportioned among the several states, which may be included within this . Confederacy, according to their res])ective 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 ex- cluding Indians not taxed, three-fifths of all slaves. The actual enumeration shall be made witliin three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every fifty thovisand, but each state ^hall have at least one Representative ; and until such enumeration shall be made, the state of South Carolina shall be entitled to choose six — the state of Georgia ten — the state of Alabama nine — the state of Florida two — the state of Mississippi seven — the state of Louisiana six, and the state of Texas six, 4. When vacancies happen in the representation from any state, the Executive authority thereof shall issue writs of elec- tion to fill such vacancies. 5. The House of Representatives shall choose their speaker and other ofiicers ; and shall have the sole power of impeach- ment ; except that any judicial or other federal officer, resident and acting solely within the limits of any state, may be im- peached by a vote of two-thirds of both branches of the legis- lature thereof. SECTION 3. 1. The Senate of the Confederate States shall be composed of two Senators from each state, chosen for six years by the legis- lature thereof, at the regular session next immediately preced- ing the commencement of the term of service ; and each Senator shall have one vote. 2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. 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 expiration of the fourth year ; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year ; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appoint. 17 ments until the next meeting of the Legislature which shall then fill such vacancies. 3. No person 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. 4. The Vice President of the Confederate States shall be Pres- ident of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers; and also a President pro tempore in the absence of tlie Vice Presjdent, or when he shall exercise the office of President of the Confederate States. 6. The Senatc'shall have the sole power to try all impeachments. When sitting for that purpose, they shaU be on oath or affirma- tion. When the President of the Confederate States is tried, the Chief Justice shall preside ; and no person shall be convict- ed without the concurrence of two-thirds of the members pres- ent. V. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and en- joy any office of honor, trust or profit, under the Confederate States ; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and pnnishment accord- ing to law. SECTION 4. 1 . The times, place and manner of holding elections for Sena- tors and Representatives, shall be prescribed in e.ach state by the legislature thereof, subject to the provisions of this Consti- stitution ; but the Congress may, at any time, by law, make or alter such regulations, except as to the times and places of choosing Senators. 2. The Congress shall assemble at least once in every year • and such meeting shall be on the first Monday in December, un- less they shall, by law, appoint a different day. SECTION 5. 1. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and maybe authorized to compel 18 the nttenclancc of absent members, in such manner and imder sucTi penalties as each House may provide. 2. Each House may determine tlie rules of its jiroceedings, punish its members for disorderly behavior, anil with the con- currence of two-thirds of the Avhole number exj)el amoniber. 3. Each House sliall keep a journal of its proceediuLCs, and from time to time publish the same, excepting such parts as may in their judgment require secresy ; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-tifth of those present, be entered on the journal. 4. Neither House, during the session of Congress, shall, with- out the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sittmg. SECTION G. 1. The Senators and Representatives shall receive a compen- sation for their services, to be ascertained by law, and jtaid out of the treasury of the Confederate States. They shall, in all cases, except treason, felony, and breach of the peace, be privi- leged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in cither House, they shall not be questioned in any other place. 2. No Senator or Ilepresentative shall, during the time for which he was elected, be api)ointed to any civil office under the authority of the Confederate States, which shall have been creat- ed, or the emoluments whereof shall have been increased during such time ; and no person holding any office under the Confed- erate States shall be a member of either House during his con- tinuance in office. But Congress may, by law, grant to the prin- cipal officer in each of the Executive Departments a seat upon the floor of either House, with the privilege of discussing any measures appertaining to his department. SECTION 7. 1. All bills for raising the revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments, as on other bills. 2. Every bill which shall have passed both Houses, shall, be- fore it becomes a law, be presented to the President of the Con- federate States ; if he aj^prove, he shall sign it; but if not, he 19 • shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such recon- sideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by Avhich it shall likewise be reconsidered, and if approved by t>vo-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 resijectively. 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 like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return ; in which case it shall not be a law. The President may ap- prove any appropriation and disajiprove any other appropriation in the same bill. In such case he shall, in signing the bill, desig- nate the appropriations disapproved ; and shall return a copy of such appro])riations, 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 Presi- dent. 3. Every order, resolution or vote, to which the concurrence of both Houses may be necessary, (except on a question of ad- journment,) shall be presented to the President of the Confed- erate States ; and before the same shall take effect, shall be approved by him ; or being disapproved, shall be re-passed by two-thirds of both Houses, according to the rules and limita- tions prescribed in case of a bill. SECTIONS. The Congress shall have power — 1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary to j^ay the debts, provide for the common de- fence, and carry on the government of the Confederate States ; but no bounties shall be granted from the treasmy ; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, im- posts, and excises shall be uniform throughout the Confederate States : 2. To borrow money on the credit of the Confederate States: 2d 3. To regulate commerce with foreign nations, and .imong the several States, and Avith the Indian tribes; but neither tliis, nor any other clause contained in the constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate com- merce ; except for the ]>urpose of furnishing lights, beacons, and buoys, and other aid to navigation upon the coasts, and the im- provement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on the navigation facilitated thereby, as may be necessary to pay the costs and expenses thereof: 4. To establish uniform laws of naturalization, and iniiform laws on the subject of bankruptcies, throughout the Confed- erate States ; but no law of Congress shall discharge any debt contracted before the passage of the same : 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures : G. To provide for the punishment of counterfeiting the secu- rities and current coin of the Confederate States: 7. To establish post-offices 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 and sixty-three, shall be paid out of its own revenues : 8. To promote the progress of science and useful arts, by se- curing for limited times to authors and inventors the exclusve right to their respective writings and discoveries : 9. To constitute tribunals inferior to the Supreme Court : 10. To define and punish piracies and felonies committed on the high seas, and ofl:ences against the law of nations : 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and on water : 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years: 13. To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces : 15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel in- vasions : • 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employ 21 ed in the service of the Confedrate States ; reserving to the States, respectively, the appointment of the officers, and the au- thority of training the mihtia according to the discipUne pre- scribed by Congress : lY. To exercise exclusive legislation, in all cases "whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of the government of the Confederate States ; and to exercise like authority over places purchased by the con- sent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : and 18. To make all laws which shall be necessary and jiropcr for carrying into execution the foregoing powers, and all other pow- ers vested by this Constitution in the government of the Con- federate States, or in any department or officer thereof. SECTION -9. 1. The importation of negroes of the African race, from any foreign country other than the slaveholding States or Territo- ries of the United States of America, is hereby forbidden ; and Congress is required to pass such laws as shall effectually pre- vent the same. 2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not be- longing to, this Confederacy. 3. The privilege of the writ of habeas corjius shall not be sus- pended, unless when in case of rebellion or invasion the public safety may require it. 4. No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed. 5. No capitation or other direct tax shall be laid, unless in proportion to the census or enumer.ation hereinbefore directed to be taken. 6. No tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses. 7. No preference shall be given by any regulation of com- merce or revenue to the ports of one State over those of an- other. 8. No money shall be drawn from th^ treasury, but in conse' quenoe of appropriations made by law ; and a regular statemea 22 • and account of the receipts and expenditures of all )nil)lic money shall be published from time to time. 9. Congress shall ajipropriate no money from the treasury rescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them ; not extending beyond the time limited by the Constitution of the Provisional Government. 32 EXTRACT FROM THE JOURNAL OF THE CONGRESS. Congress, March 11, 1861. On the question of the adoption of the Constitution of the Confederate States of America, tlie vote was taken by yeas and nays ; and the Constitution Avas unanimously adopted, as follows : Those who voted in the affirmative being Messrs. Walker, Smith, Curry, Hale, IMcRao, Shorter, and Fearn, of Alabama, (Messrs. Chilton and Lewis being absent) ; Messrs. Morton, Anderson, and Owens, of Florida; Messrs. Toombs, Howell Cobb, Bartow, Nisbct, Hill, Wright, Thomas R. R. Cobb, and Stepliens, of Georgia, (Messrs. Crawford and Kenan being absent) ; Messrs. Perkins, de Clouet, Conrad, Kenner, Sj^arrow, and Marshall, of Louisiana ; Messrs. Harris, Brooke, AVilson, Clayton, Barry, and Harrison, of Mississippi, (Mr. Campbell being absent) ; Messrs. Rhett, Barnwell, Keitt, Chesnut, Mem- minger. 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 " The Constitution of the Confederate States of America," unanimously adopted this day, and of the yeas and nays on thb question of the adoption thereof. HOWELL COBB, President of the Conorress. %tb M& UmMmm FIRST SESSION PROVISIOML CONGRESS CONFEDERATE STATES. 1861. MONTGOMERY, ALA.: BARRETT, WIMBISU & CO., I'KINTERS .\ND BINDERS. 1861. ACTS AND RESOLUTIONS. No. 1] A RESOLUTION To appoint Messrs. Kcid & Shorter Printers to the Congress. Hesolved, That Messrs. Reid & Shorter be appointed printers to this Congress -while it holds its sessions in Montgomery ; .ind that all the work to be done, shall, in style and quality, equal that done for the State of Alabama, and shall be paid for at the same proportionate rates of compensation. Adopted, February 5, 1801. No. 2.] A RESOLUTION Accepting the Appropriation of Five Hundred Thousand Dol- lars, made by the General Assenjbly of the State of Alabama. 1st. Eesolvedhy the Confederate States of America in Con- gress assembled^ That this Congress accept the liberal ofier of the General Assembly of the State of Alabama, to place at the dis- posal of this body the siim of live hundred thousand dollars as a loan to the government of the Confederacy now being formed. 2d. Resolved by 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. Xo.3.] A RESOLUTIOX For the preservation of tlic Records of Congress.' * AViiEREAs, It is necessary that the records of this Congress be phiced in a condition of safet.y, and tliose })ertaining to proceedings witli closed doors in a condition of secrecy, there- fore, jResolved hy the Confadnraie Stotes of Amauca in Congress assembled, Tliat the President of Congress be, and he is hereby antliorized and instrncted to make proper provision for the pur- poses lierein declared. Adoiteu, February 8, 18G1. No. 4.] A ■ RESOLUTION" In regard to the State of Xorth Carolina, and the Commissioners from said State to this Congress. Whereas, The people of Xorth Carolina and those of the States represented in this Congress, have a common liistory, a common sympathy, a common honor, and a common danger — and, whereas, it is the opinion and earnest desire of this Con- gress, that the State of North Carolina should be united in government with these states, Me it therefore 'resolved, That this Congress receive Avith pleasure 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 government as shall be formed by these states. Adopted, February 8, 1801. No. 6.] AN ACT To continue in force certain laws of the United States of America. J3e it ejiacted hy the Confederate States of America in Con. gress assembled, That all the laws of the United States of America, in force and in use in the Confederate States of America on the first day of November last, and not inconsistent with the Constitution of tlie Confederate States, be and the same are hereby coutinued in force until altered or repealed by tlie Con- gress. Adopted, February 9, 1861. Ko. G.] A RESOLUTION In relation to the occupation of the Forts and Arsenals, itc. Resolvedhy the Congress of the Confederate States of America^ That this government takes under its charge the questions and difficulties now existing between the several states of tliis Con- federacy, and the govermnent of the United States of America, relating to the occupation of forts, arsenals, navy yards, and other public cstablishnients ; and that the President of tlie Con- gress be directed to communicate this resolution to the several states of this Confederacy through the respective governors thereof. Adopted, February 12f 1801. No. 9.] A RESOLUTION Authorizing the Secretary of Congress to arrange for Publica- tion the Provisional Constitution for the Government of the Confederate States of America, Avith the Autograph Signa- tures of the Members of Congress, &c. Resolved hj the Confederate States of America in Congress assembled^ That the Secretary of Congress be allowed to have engrossed and arranged for publication the Provisional Consti- tution for the Government of the Confederate States of America, with the autograph signatures of the members of Congress, and tHre flag and seal of the Confederacy, whenever adopted. Adopted, February 14, ISOl. 6 Xo. ]].] A RESOLUTIOX To authorize the Judiciary Committee to have such matter jirintcd as tlicy may desire to lay hefore the Congress. Hesolved hij the Confederate States of America in Congress assembled., That the Judiciary Committee be authorized to liave such matter printed as they may desire to lay before the Con- gress. AnorTED, February 14, 18G1. Xo. 12.] AX ACT To continue in office the Officers connected Avith the Collection y^ of the Customs in the Confederate States of America. Section 1 . J?e it e)iacted by the Confederate States of America in. Congress assembled, That the several officers who, at the time of the adoption of the Constitution of the Provisional Gov- ernment of these states, held and exercised any office connected with the collection of the customs, duties and imports in the several states of this Confederacy, or as assistant treasurers entrusted -with keeping the moneys arising therefrom, are here- by appointed to the several offices which at the said date they respectively held ; and they shall have the same powers, be subject to the same duties, and be entitled to the same salaries* fees and emoluments as are set forth and provided in and by the laws of the United States of America, ujitil the first day of April next : Provided, That the maximum of compensation which each collector shall receive from all sources shall not ex- ceed the rate of live thousand dollars per annum. 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 con- dition 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 collector is located. And each of the otlier officers shall Avithin one week after the collector shall have entered upon thedischargeof his duties, execute to the Con- federate States of America, a bond in the same amount and sub- ject 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 collectorsof the port where such office is located. Sec. 3. The said several officers shall take an oath before a magistrate, well and faithfully to discliarge the duties of his of- fice, and to support the constitution of the Provisional Govern- ment of the Confederate States of America, whicli said oath shall be endorsed upon the bond ; and the bond shall be filed in the office erf the Secretary of the Treasury, or in such other place as he may direct. Adopted, February 14, 1861. No. 13.] A RESOLUTION To continue in office the Officers of the Customs. JResolved hxj the Confederate States of America in Cojigress assembled, That until otlierwise provided, the several officers connected with the collection of the customs, duties and imposts in the several states of this Confederacy, be and they are hereby confirmed and continued as officers of the government of the Confederate States of America, with their present salaries and emoluments, until the first day of April next ; and that the Sec- I'etary of the Treasury be instructed to report to Congress a plan, to go into eftect at the said date, whereby the expenses of collecting the revenue at each custom house shall be diminished at least fifty per cent. Adopted, February 14, 1861. No. 14.] A RESOLUTION Giving certain powers to the Committee on Naval Aftairs. Resolved hy the Confederate States of America in Congress assembled. That the committee on naval affiiirs be authorized to procure the attendance, at the seat of government, of all such persons versed in naval affiiirs as they may deem advisable to consult with in the preparation of their report. Adopted, February 14, 1861. Xo. 15.] A RESOLUTION To i>roviclc for Printiug for tlie Committees of tlie Congress. Mesolved hj the Confederate States of America in Congress assemhlcd. That each of tlic standing conmiittces of Congress is authorized to cause to be printed any matters Avhich it may deem requisite for the use of the committee. Adopted, February 15, 1861. No. 17.] A RESOLUT^N For tlie appointment of Commissioners to the Government of the United States of America. Mesolved hy the Confederate States of America in Congress assembled^ "That it is the sense of tliis Congress, that a commission of three persons be appointed by the I*resideut elect as early as may be convenient after his inauguration, and sent to the gov- ernment 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 settlement of all questions of disagreement between the two governments upon IH'iuciples of right, justice, equity, and good faith. Adopted, February 15, 1801. No. 18.] A RESOLUTION For the enforcement of the Revenue Laws. Mesolved hy the Confederate States of Atnerica in Congress assembled^ That the President of Congress instruct tlie collec- tors of the several jiorts of this Confederacy to enforce the ex- isting revenue laws against all foreign countries, except the State of Texas. Adopted, February IG, 1861. No. 19.] A RESOLITTIOX For the Relief of J. M. Walden, a citizen of Georgia. Resolved by the Confederate States of America in Conrp'ess assembled^ That J. M. Walden, a citizen of the State of Georgia, be and he is hereby autliorized to file Avitli the attorney-general, a caveat, accompanied by suitable drawings and explanations, setting forth the design and purpose thereof, for the protection of an improvement claimed to have been made by him in rail- road switches, and that said caveat, when so filed as aforesaid, sliall be effectual to i)rotect his rights to said invention, until a patent office shall have been established : Provided^ Tliat as soon as said office is established, said caveat shall be filed with the commissioner tliereof, and such proceedings had thereon, as may be authorized by law. ' ADorxKD, February IG, 1801. Xo. 20.] AX ACT To exempt from Duty certain commodities therein named and for other purposes. Sectiox 1. Be it enactedbytJie Confederate States of America in Congress assembled, That tlie following articles shall be ex- empt from duty audadmitted free into said states, to-wit : Bacon, pork, hams, lard, beef, fish of all kinds, wheat, and fiour 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, and munitions of war and military accoutrements ; percussion caps; living animals of all kinds ; also, all agricultural products in their natural state. Sec. 2. And be it farther enacted, That all goods, wares and merchandise imported from any one of the late United States of America, not being noAV a member of this Confederacy, into this Confederacy before the fourth day of March next, which may have been bona fide purchased heretofore, or within ten days after the passage of this act, shall be exempt and free from duty. 10 Sec. 3. And be it further ometed, That the State of Texas be and is hereby exempted from tlie operation of tlie tariff laws heretofore passed and adopted by this Congress. Adopted, February 18, 18G1. No. 21.] AN AQT To Provide Munitions of War and for other purposes. Section 1. 7?e it enacted by the Confederate States of America in Congress assembled^ That the President, or the Secretary of War, under his direction, is hereby authorized and enipoAvered to make contracts for the purchase and manufacture of heavy ordnance and small arms; and of machinery for the manufacture or alteration of small arms and munitions of Avar; and to employ the necessary agents and artisans for these purposes ; and to make contracts for the establishment of ])owder mills and the manufacture of powder ; and the President is authorized to make contracts provided for in this act, in such manner nnd on such terms as in his judfjment tlie public exigencies may rccpiire. Appkoved, February 20, 18G1. No. 22.] AN ACT To authorize the President to appoint a Private Secretary. Section 1. Be it enacted by the Confederate States of America in Congress asse^nbled and it is hereby enactedby the authority of the same. That the President of the Confederate States of America be and he is hereby auttliorized to appoint a private secretary, through whom he may conununicate with Congress, and wlio shall discharge such duties as may be assigned him by the President, and shall receive such compensation for his ser- vices as shall be fixed by law. Approved, February 20, 18G1. 11 Ko. 23.] AN ACT To determine the Salaries of the Vice President and of the Heads of the Departments. Tlie Congress of the Confederate States of America doenact. That the annual compensation of the Vice President, and of the Secretaries of State, of the Treasury, of AYar, of the Xavv, the Postmaster General, and the Attorney General, shall be at the rate of six thousand dollars, payable quarterly, in advance. Approved, P'ebruary 21, 1861. No. 24.] AN ACT To organize the Department of State. Section 1. T/ie Congressofthe Confederate States of America do encof^ That there shall be an executive department to be de- nominated the Department of State ; and there shall be a prin- cipal othcer therein to be called the Secretary of State, vrho 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 tlie Constitution, relative to correspondences, c'ommissions or instructions to or. with pub- lic ministers or consuls from tlie Confederate States, or to ne- gotiations with public ministers from foreign states, or princes, or to memorials or other applications from foreign public min- isters, and other foreigners, or to such other matters respecting foreign aiiairs as the President of the Confederate States shall assign to the said department ; and furthermore the said princi- pal officer shall conduct the business of the said department in such manner as the President of the Confederate States shall from time to time order or instruct. Said secretary shall be appointed by the President, by and witli the advice and consent of the Congress, and shall receive a compensation to be ascer- tained and regulated by law. Sec. 2. Be it farther enacted^ It shall be the duty of the Secretary of State to keep and preserve all bills and resolutions of the Congress having been ap})roved or signed by thePresidcnt or otherwisebecomelaws, and he shall carefully preserve the orig- inals, and shall, as soon as conveniently may be after he shall 12 receive the same, cause every siu'l\ law, order and resolution to be published in at least three itublic newspapers, published within the Confederate States, and shall also cause two printed copies, duly authenticated, to be sent to the executive authority of each state. It sliall be the duty of the Secretary to keep the great seal of the Conl'ederate States, and to make out and re- cord and affix said seal to all civil conimissious to ofKcers of the Confederate States, to be appointed by the President, by and with the advice of the Congress, or by the President alone: Prodded^ That said seal shall not be affixed to any commission before it is signed by the President, nor to any other histrument or act without the special warrant of the President therefor. The said secretary shall also cause a seal of office to be made for said department, of such device as the President shall ap- prove , and all copies of records and papers in said ollite, au- thenticated under the said seal, shall be evidence etpially as the origuial record or paper. Sec. 3. Be it further enacted, That there shall be in the said department a chief clerk to be appointed by the secretary, and such other clerks as from time to time may be found neces- sary, and authorized by the Congress, who shall receive a com- pensation for their services to be fixed by law ; and the Secre- tary of State and every other person to be appointed or cm- ployed in said department shall, before he enters on the execu- tion of his office or employment, take an oath or affirmation well and faithfully to execute the trust committed to him. Sec. 4. Be it further enacted, There shall be paiil to the Secretary, for the use of the Coufederate States, the following fees of office by the persons requiring the services to be per- formed, except when they are performed for any officer of the Confederate States in a matter relating to the duties of his office, to-wit : for making out and authenticating copies of records, ten cents for each hundred Avords ; for authenticating a copy of a record or paper, xmder the seal of office, one dollar. Sec. 5. And he it further enctcted^ This act shall be in force and take effi^'ct from and after its passage. Appiioveu, February 21, 18G1. 13 No. 25.] AX ACT To establish the Treasury Department. Sectiox 1. The Congress of the Confederate States of America do enact. That tlicre slia)! bo an executive department kndwn as the Department of Treasury, in whicli shall be the following officers, namely : A Secretary of the Treasury, to be deemed the head of the department ; a Comptroller, an Auditor, a Register, a Treasurer, and an Assistant to the Secretary of the Treasury, which assistant shall be appointed by the said secre- tary; all of which officers shall receive such salaries respect- ively as may be provided by law. Sec. 2. And he it farther enacted, That it shall be the duty of the secretary of the treasury to superintend the collection of the public revenue ; to di<^est and prepare plans for the im- provement and management thereof, and for the support of the public credit ; to prepare and report estimates of the public revenue and the public expenditures ; to decide on the forms of keeping and stating accounts and making returns, and to grant, under the limitations herein established or to be hereafter pro- vided, all Avarrants for moneys to be paid into the treasury, and all warrants for moneys to be issued from the treasury in pur- suance of api>ropriations by law ; to execute such services rela- tive to the sale of the public property belonging to the Con. federate States as by law may be required of him ; to make reports and give information to the Congress or the President — in person or in writing, as may . be required — concerning all matters referred to him by the Congress or the President re- spectively, and which shall appertain to his office ; and generally to perlbi-m all such services, relative to the finances, and all such other duties, as he may by law be directed to perform. Sec. 3. Aiid he it further e^iacted. That the secretary of the treasury shall have power to appoint a chief clerk, and also such other clerks, from time to time, as he may deem necessary, and Congress may authorize by law, which officers shall respectively receive snch compensation as may be provided by law. Sec. 4. And he it further enacted, That the secretary of the treasury shall cause to be procured an official seal for the de- partment of treasury, to be approved by the President ; and copies of all official papers or records in said department, certi- 14 fied under the seal thereof, shall be received in evidence in all the courts of the Confederate States, in lieu of sucli original papers or records. Skc. 5. A/id be it further enacted^ That it shall he the duty of the assistant secretary of the treasury to examine all lettei's, contracts and warrants prepared for the signature of tlie secre- tary of the treasury, and perforin all such other duties as may be devolved on him by law or by the secretary of the treasury. Sec. G. And be it further enacted^ That it shall be the duty of the comptroller to superintend the adjustment and preserva- tion of the public accounts ; to examine all accounts settled by the auditor, and certify the balances arising thereon to the reg- ister ; to countersign all warrants drawn by the secretary of the treasury which shall be authorized by law ; to report to the secretary the official forms of all papers to be issued in the dif- ferent otHces for collecting the public revenue, and the manner and form of keeping and stating the accounts of the several persons employed therein. He shall moreover provide for the regular and punctual payment of all moneys which may be t;ol- lected, and shall direct prosecutions for all delinquencies of offi- cers of the revenue, and for debts that are or shall be due to the Confederate States. Sec. v. Andheit further enacted^ That it shall be the duty' of the auditor to receive all public accounts, and after examina- tion to certify the balance and transmit the accounts, with the vouchers and certificate, to the comptroller for his decision thereon : Provided^ That if any person M'hose account sliall be so audited be dissatisHed therewith, he may appeal to the comptroller against such settlement. Skc. 8. And be it furtJicr enacted^ That the auditor of the public accounts shall be empowered to administer oaths or ailir. mations to witnesses in any case in which he may deem it necessary or proper for the due examination of the accounts wdth which he may ho. charged. Sec. 9. And be it further enacted^ That it shall be the duty of the register to keep all accounts of the receipts and expen- ditures of the public money, and of all debts due to or from the Confederate States ; to receive from the comptroller theaccounts which shall have been finally adjusted, and to preserve such accounts, with their vouchers and certificates ; to record all warrants for the receipt or payment of moneys at the treasury, 15 certify the same thereon, and to transmit to the secretary of the treasury copies of the certificates of balances of accounts adjusted as herein directed. Sec. 10. And be it further enacted. That it shall be the duty of the treasurer to receive and keep the moneys of the Confed- erate States, and to disburse the same upon Avarrants drawn by the secretary of the treasury, countersigned by the comptroller, and recorded by the register, and not otherAvise ; he shall take receipts for all moneys paid by him, and all receipts for moneys received by him shall be endorsed upon warrants signed by the secretary of the treasury, "without which Avarrant, so signed, no acknowledgment for money received into the public treasury shall be valid. And the said treasurer shall render his accounts to the comptroller quarterly, or oftener if required, and shall transmit a copy thereof, Avhcn settled, to the secretary of the treasury. He shall, at all times, submit to the secretary of the treasury and the comptroller, or either of them, the inspection of the books and records in his office, and of all moneys in his hands ; and shall, prior to entering upon the duties of his office, give bond, Avith good and sufficient sureties, to be approved by the secretary of the treasury and comptroller, in the sum of one hundred and fifty thousand dollars, payable to the Confed- erate States of America, Avith condition for the faithful perform- ance of the duties of his office, and for the fidelity of the per- sons to be by him employed, Avhicfc bond shall be lodged in the office of the comptroller. Sec. 11. And be it further enacted. That no person appointed to any office instituted by this act, shall directly or indirectly be concerned or interested as oAvner in whole or in part of any sea- A'essel, or purchase by himself, or another in trust for him, any public property or forfeited goods, or be concerned in the pur- chase or disposal of any pi;blic securities of any state or of the Confederate States, or take or apply to his own use any emolu- ment or gain for negotiating or transacting any business in«the said department, other than Avhat shall be alloAvcd by laAv ; and if any person shall ofliend against any of the prohibitions of this act, he shall be guilty of a high misdemeanor, and forfeit to the Confederate States the penalty of three thousand dollars, and shall upon conviction be removed from office, and forever there- after be incapable of holding any office imder the Confederate States : Provided, That if any other person than a public pros- 16 eciUor sliall give information of any such offence, upon which a proseculion and conviction sliall l)c hail, one-half of the afore- said penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information. ArrROVEi), February 21, ISGl. No. 20.] AX ACT To establish the War Department. Sectiox 1. 2'he Congress of the Confederate States of America do enact, That an executive department be and the same is hei'eby established, under the name of the War Department, the chief officer of which shall be called the Secretai-y of War. Sec. 2. JJe it further enacted, That said secretary shall, un- der the direction and control of the the President, have charge of all matters and things connected with the army, and with the Indian tribes within the limits of the Confederacy, and shall pei'form such duties appertaining to the army, and to said Indian tiibes, as may from time to time be assigned to him by the President. Sec. 3. And he it further enacted, That the secretary of said department is hereby authorized to appoint a chief clerk thereof, and as many inferior clerks ,^ may be found necessary, and may be authorized by law. Ai'i'KovED, February 21, 1801. No. 27.] AN ACT To establish the Navy Department. Section 1. llie Congress of the Confederate States of America do enact, That an executive department be and the same is hereby established to be called the Navy Department. Sec. 2. lie it further enacted. That the chief officer of -said department shall be called the Secretary of the Navy, and shall, under the direction and control of the President, have • charge of all matters and things connected with the navy of the Confederacy, and shall perform all such duties appertaining to 17 the navy as shall from time to time be assigned to him by the President. Sec. 3. Be it further enacted., That said Secretary shall be authorized to appoint a chief clerk, and such other clerks as may be found necessaiy, and be authorized by law. Approved, February 21, 1861. No. 28.] AN ACT To establish the Post-Office Department. The Congress of the Confederate States of Atnerica do Cfiactj That there shall be an executive department, to be denominated the Post-Oftice Department, and there shall be a principal officer therein, to be called the Postmaster General, who shall perform snch duties in relation to post-offices and post routes, as sh.all be enjoined on him by the President of the Con- federate States, agreeably to the constitution and tlie laws of the land, who shall be paid an annual salary to be fixed by law, and liave power to appoint a chief clerk, and such inferior clerks as may be found necessary, who shall receive such compensation as ihay be fixed by law. Approved, February 21, 1861. No. 29.] AN ACT To organize and establish an Executive Department, to be known as the Department of Justice. Sectiox 1. The Congress of the Confederate States of America do enact, That from and after the passage of this act, there shall be an executive department to be known as the Department of Justice. The principal officer at the head of said department shall be denominated the Attorney General, who shall be paid an annual salary to be fixed by law, and who shall have the power to appoint a clerk, at such compensation as may be fixed by law. Sec. 2. It shall be the duty of the Attorney General to prose- cute and conduct all suits in the Supreme Court, in which the Confederate States shall be concerned, and to ers without the state where published shall be charged double the foregoing rates. And [)eriodioals sent from the office of piiblication 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 penodicals published quarterly or bi-monthly shall be charged one cent an ounce ; and the postage on all periodi- cals without the state where published sl^all be double the above specified rates ; and regular subscribers to newspapers and peri- odicals shall be required to pay one quarter's postage in ad- vance. And there shall be charged upon every other newspa- per, and each circular not sealed, handbill, engraving, j^amphlet, periodical and magazine, which shall be unconnected with any manuscript or written matter, 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-paid by stamps. And books, bound or unbound, not Aveighing over four pounds, shall be deemed mailable mat- ter, and shall be charged Avith postage, to be pre-paid by stamps, at two cents an ounce for any distance. The publishers of newspapers or periodicals may send to each other, from their respective offices of publication, free of postage, one copy of each publication. Sec. 3. And he it further enacUd^ That it shall be the duty of the Postmaster General to provide and furnish to all deputy postmasters, and to all other persons applying and paying there- for, suitable postage stamps and stamped envelopes, of the de- nomination of two cents, five cent«!, and twenty cents, to facili- tate the pre-payment of postages provided for in this act; and any person Avho shall forge or counterfeit any postage stamp 20 provided or fiirnislicd under tlie j)rovisions of this or any former act, \vhetlier the same are impressed or j)rintcd on or attached to envelopes or not, or any die, phite, or engraving therefor, or sliall make or print, or knowingly use or sell, or have in his possession with intent to use or sell, any such fjxlse, forged, or counterfeited die, jtlate, engraving, or postage stamp, or Avho shall make or print, or authorize or procure to be made or print- ed, any postage stamps of the kind provided and furnished by the Postmaster General as aforesaid, Avithout the esj)ecial au- thority and direction of the Post-Office Department, or who, after such postage stamps have been printed, shall, with intent to de- fraud the revenues of the Post-Office Department, deliver any postage stamps to any person or persons other than such as shall be authorized to receive the same by an instrument of writ- ing, duly executed 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 tine not exceeding five hundred dollars, or by imprisonment not ex- ceeding five years, or by both such line and imprisonment ; and the expenses of procuring and providing all such j)ostage 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 Department, on the certificate of the Postmaster Gen- eral, out of any money in the treasury arising from the reve- nues of the Post-Office Department. Siic. 4. And be it further enacted, That it shall be the duty of every postmaster to cause to be defaced, in such manner as the Postmaster General shall direct, all postage stamps of this Con- federacy attached to letters de})osited in his office for delivery, or to be sent by mail ; and if any postmaster sending letters in the mail with such postage stanips attached shall omit to deface the same, it shall be the duty of the })ostmaster to whose ofiice such letters 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 in pre-payraent of postage any postage stamps which shall have been before used for like purposes, such person shall be subject to a penalty of fifty dollars for every such oflfence, to be recovered in the name of the Confederate States of America in any court of competent jurisdiction. 21 Skc. 5. A?id be it further eyiacted^ That from nnd after the day when this act goes into effect the franking privilege shall be abolished : Provided^ that the Postmaster General and his chii'f clerks and Anditor of the Treasnry for the l*ost-Oftke De- partment shall be and they are hereby authorized to transmit through the mail, free' of postage, any letters, packages, or other* matters relating exclusively to their official duties or to the busi- ness of the Post-Office Department ; but they shall, in every such case, indorse on the back of the letter or package to be sent free of postage, over their own signature, the words "Official Busi- ness." And for any such indorsement falsely made, the person so offending shall forfeit and pay three hundred dollars. And provided further^ The several deputy postmasters throughout the Confederate States 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 trans- mit to any person or place, and which shall relate exclusively to the business of their respective offices or to the business of the Postoffice Department ; but in every such case the deputy post- master sending any such letter or package shall indorse tliere- on, over his own signature, the words "Post-Office Business." And for any and evei'y such indorsement falsely made, the per. son making the same shall forfeit and pay three hundred dollars. Sec. G. And be it further enacted, That the third section of an act entitled "An act further to ainend an act entitled 'An act to reduce and modify the rates of postage in the United States, and for other purposes, passed March third, eighteen liundred and fifty-one,' " approved March 3d, 1855, whereby the letter registration system was established, be and is hereby repealed from and after the day when this act goes into effect. Si:(\ 7. Be it further enacted, That no letters shall be carried by the express or other chartered companies, unless the same shall be pre-paid by being enclosed in a stamped envelope of this Confederacy ; and any com})any violating the provisions of this act shall forfeit and pay the sum of five hundred dollars for each offence, to be recovered by action of debt in any court of this Confederacy having cognizance thereof, in the name and for the use of this Confederacy. Sec. 8. Be it further enacted, That the Postmaster Gen- eral of the Confederate States be and is hereby authorized to make all necessary arrangements for the transmission of mails between the territories of tliis and other croverniueiits, subject to the approval of the President, until postal treaties can be effected. Approvkd, February 2:3, 1861. No .31.] AN ACT For the Relief of William P. Barker. SectioxI. The Congress of the C on jederate States of America do enact, That William P. Barker, a citizen of the State of Alabama, be authorized 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 casting ordnance, and that the same shall, from this date, operate as a caveat, to protect his said invention until an application can be made for a patent according to law. Approved, February 25, 18G1. No. 32.] . A RESOLUTION To provide an Executive Mansion. TJce Congress of tlie Confederate States of America do re- solve. That the committee to arrange for governmentbuildings be authorized to lease a furnished mansion for the residence of the President of the Confederate States. Approved, February 25, 18G1. No. .3:3.] AN ACT In relation to Public Printing. Section 1. T/ie Congress of the Confederate States of America do enact, That the Secretary of Congress shall, after each ses- sion, prepare for publication fjiir coi)ies of all the acts passed by Congress, and resolutions of a public nature intended to have the effect of laws, together with the Constitutions for a Pro- visiojial and Permanent Government of this Confederacy, adojv ted by this Congress., 23 •Sec. 2. The acts shall bo arranged under appropriate titles, shall have margiual notes to each section, and be fully indexed. Sec. 3. The secretary shall also prepare for publication copies of the public journal of the proceedings of this Congress, and a full index for the same. Sec. 4. The acts and journals, when prepared, shall be deliv- ered to the public printers, who shall, without delay, publish three thousand copies of each, in a style equal in execution, and upon paper of the same quality in every respect, as the laws of the United States, as annually published by Messrs. Little & Brown. Sec. 5. The acts of Congress thus published shall be bound by the public printers in a style not inferior to the acts of the General Assembly of the State of Alabama, for Avhich service he shall receive the sum of twenty-live cents per copy. Sec. 6. The public printers shall be entitled to receive as com- pensation for the publication of the laws and journal the fol- lowing prices, viz : For each page of the laws and journals, including press work, paper, pressing, folding and stitcliing, the sum of six dollars. Sec. 7. For all job printing ordered by Congress the public printers shall receive the following compensation and no more, viz : First: For bills, resolutions, and reports — For composition per page (foolscap) one dollar and seventy-live cents ; for press work, folding and stitching one hundred copies, twenty-live cents per page, and pro rata for all copies over one hundred. Second : For rules, constitutions and other pamphlets — For composition^ per page, (octavo) in small pica, plain, one dollar; in small pica, rule, one dollar and lifty cents ; for brevier, plain, one dollar and lifty cents ; for brevier, rule, two dollars ; for rule and ligure work on page larger than royal octavo, per 1000 ems, one dollar ; for press work, including folding and stitching, per token, seventy cents. Third: For yeas and nays, circular letters, and other miscella- neous printing ordered by Congress — For composition, plain work, per 1000 ems, seventy cents ; rule and iigure work, per 1000 ems, one dollar ; for press work, including folding and stitching, per token or fraction of token, seventy cents. Fourth : For all paper on which printing is done for Congress, 24 the public printer shall be allowed the fair market cost thereof, and twenty per centum additional thereto. Fifth : On all work done for Contrress when in secret session the public printer shall receive an additional conif>ensation of ten per centum on the above rates. Sec. 8. The chief otficers of the executive dejiartments of the government are hereby authorized to contract for all necessary printing in connection with their several otKces, in no case, however, at higher rates of compensation than hereinbefore pre- scribed for work done for Congress. Sec. 9. The Postmaster General shall contract for the publi- cation of all post bills and other blanks connected with his office, not exceeding the following rates : For composition, including rule and figure work, per 1000 ems, fifty cents ; for presswork, per clean token, (the sheets not to be 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 additional charge for composition when the name of the post-office alone is changed. But the printer shall be required to keep always on hand forms for post-ofiice blanks, and when new orders are given, the charge shall be made only for the })ress work and paper, and such new composition as may be necessary. Sec. 10. All accounts for printing done for Congress or any one of the executive departments shall, before the same are al- lowed and paid, be sworn to by the public printer or contractor ; shall be accompanied by vouchers, showing the cost of the pai>er used and the quantity thereof, and shall be certified to bo correctly made out under the law by at least tAvo disinterested practical printers in no way connected with the dffice or busi- ness of the claimant. Sec. 11. The foregoing rates and provisions do not ajtply to advertisements in ])ublic gazettes by order of any of the executive departments, for Avhich the usual foes 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 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 25 Sec. 13, There shall be connected with the Department of Justice a Bureau of Printing:, the chief officer of which shall be appointed by the President, by and with the advice and consent of the Congress, and sliall be known as the Superintendent of Public Printing. No person shall be eligible to this office who is not skilled in and acquainted with the practical details of the business of printing ; nor shall the Superintendent of Public Printing be in any manner, directly or indirectly, interested in the contracts for public printing, nor with the printing office at which the same is done, nor connected with any newspaper in any capacity whatever. Sec. 14. Il shall be the duty of the Superintendent to super- vise, direct and control all the printing done by order of Con- gress, or under contract with any 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 aa 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 jmnting, 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 President, in connection with his annual message. It shall be his duty also to take from every contractor for public printing^ such boiul, 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 faithful per- formance of his contract in every particular. Such bonds shall be renewed annually by contractors whose work shall be con tinning in its character and extends beyond the year of its com- mencement. Sec. 15. All accounts for printing done, when rendered a& hereinbefore provided, shall be audited and allowed by the Su- perintendent of Public Printing before the same shall be paid. If the Superintendent shall refuse to receive any work done, or shall refuse to allow any account rendered, the printer or con- tractor may appeal from such decision to the head of the de- partment, whose decision on the appeal shall be final and con- clusive. 2G Sec. 10. All laws ov parts of laws luilitatiug against the pro- vipions of thia act arc hereljy repealed. Approved, February 27, 1801. No. 34.] AN ACT To declare and establish the Free Navigation of the Mississippi River. Section 1. The Conr/ressofthe Coiifederate SUttes of America do enact, That 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 borders of its navigable tributaries ; and all ships, boats, rafts or vessels may navigate the same, under such regulations as may be established by authority of law, or under such police regulations as nun- be established by the states within their several jurisdictions. Sec. 2. jBe it further enadtd, All ships, boats or vessels which may enter the waters of the said river within the limits of this Contederacy, from any port or place beyond the said limits, may freely pass with their cargoes to any other port or place beyond the limits of this Confederacy withoui any duty or hindrance, except light-money, ]>ilotagc, and other like charges ; but it shall not be lawful for any such shij), boat or vessel to sell, deUver, or in any way dispose of any part of her cargo, or Jand any portion thereof for the purpose of sale and delivery within the limits of this Confederacy ; and in case any portioji 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 I'urfeited, and shall be seized and condemned by a pro- ceeding in admiralty before the court having juriifdiction of the same in the district in which the same may be found ; and the ship, boat or vessel shall forfeit four times the amount of the value of the duties chargeable on tlui said goods, wares or mer- chandise so lauded, sold or disposed of in violation of the pro- visions of this act, to be recovered by a proper proceeding in admiralty before the said court, iu the district in which such ship, boat or vessel may be found, one-half for the use of the collector of the district who shall institute and conduct such proceeding, the other half for the use of the government of the Confederate States : Provided, That if any such ship, boat or 27 vessel sliall be stranded, or from any cause become un;ible to proceed on its voyage, the cargo thereof may be landed and the same be entered at the nearest port of entry, in the same manner as goods, -wares and merchandise reguhirly consigned to said port; and the person so entering the same shall be entitled to the benefit of drawback of duties or of warehousing said goods, wares and merchandise as provided by law in otlier cases. Sec. 3. Afid be it further enacted., If any person having the charge of or being concerned in the transportation of any goods, wares or merchandise upon the said river, shall, with intent to defraud the revenue, break oj)en or \mpack, within the limits of the Confederate States, any part of the merchandise entered for transportation beyond tlie said limits, or shall exchange or con- sume the same, or with like intent shall break or deface any seal or fastening placed thereon by any officer of the revenue, or if any person shall deface, alter or forge any certificate granted for the protection of merchandise tratisported as aforesaid, each and every person so offending shall forfeit and pay five hundred dollars, and shall be imprisoned not less than one nor more than six months, at the discretion of the court before which such per- son shall be convicted. Sec. 4. He it further enacted, In case any ship, boat or vessel shall enter the waters of the said river within the limits of the Confederate States, having on board any goods, wares or mer- chandise subject to the payment of duties, and the master, con- signee or owner shall desire to land the same for sale or other- wise, it shall be lawful to enter the said goods, wares and mer- chandise at any port of entry, in the same manner as goods, wares or merchandise regularly consigned to the said port, or to forward them under bond or seal, according to the regula- tions customary in such cases, -when consigned ,to any port or place beyond the limits of this Confederacy, and on payment of the duties on said goods, to obtain from the collector a license to land the same at any point on the river ; and when goods, wares or merchandise shall be entered as aforesaid, the owner, importer or consignee shall be entitled to the benefit of draw- back of duties or of warehoiusing the said goods, Avares and mer- chandise, as is provided by law, upon complying with all the laws and regulations which apply to cases of entry for draw- back or warehousing respectively. 28 Sec. 5. Be it further enacted^ Wlien ruiy such ship, boat or vessel, having on board goods, wares and merchandise subject to the payment of duties, as set forth in the fourth section, sliall arrive at tlie first ])ort of lier entry of the Confederate States, tlie master or person in command of such ship, boat or vessel shall, before he pass the said port, and immediately after his arrival, deposit with the collector a manifest of the cargo on board subject to the payment of duties, and the said collector shall, after registering the same, transmit it, duly certified to have been deposited, to the officers with whom the entries are to be made, and the said collector may, if he judge it necessary for the security of the revenue, put an inspector of the customs on board any 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 the master or person in command shall omit to deposit a manifest as aforesaid, or refuse to receive such inspector on board, he shall forfeit and pay five hundred dol- lars, w^ith costs of suit, one-half to the use of the officer with whom the manifest should have been deposited, and the other half to the use of the collector of the district to which the vessel was bound: Provided^ liovever. That until ports of entry shall be established above the city of Vicksburg, on the ]\Iissisippi River, the penalties of this act shall not extend to the delivery of goods above that port by vessels or boats descending said river. Approved, February 25, 1801. No. 35.] AN ACT To modify the Navigation Laws and repeal all Discriminating Duties on Ships or Vessels. Section 1. The Cojigress of the Confederate States of America do enact, That all laws which forbid the employment in the coasting trade of ships or vessels not enrolled or licensed, and also all laws which forbid the importation of goods, wares or merchandise from one port of the Confederate States to another port of the Confederate States, or from any foreign j)ort or place, in a vessel belonging wholly or in part to a subject or cit- izen of any foreign state or power, are hereby repealed. 29 Sec. 2. All laws which impose any discriminating duty on the tonnage of ships or vessels owned by any subject or citizen of any foreign state or power, or upon goods, wares or merchan- dise imported in any such ship or vessel, are hereby repealed. Approved, February 26, 1861. No. 36.] AN ACT To define more accurately the exemption of certain Goods froni Duty. The Congress of the Confederate States of America do enact, That the exemption from duties allowed by the act to "Exempt from duties certain commodities therein n.amed, and for other purposes," passed on the eighteenth day of February, 1861, shall extend only to such goods, bona fide purchased on or before the twenty-eighth day of February instJint, as shall have been actually laden on board of the exporting vessel or convey- ance destined for any port in this Confederacy, on or before the fifteenth day of jMarch, in the present year. Approved, February 26, 1861. No. 37.] AN ACT For the Establishment and Organization of a General Staff for the Army of the Confederate States of America. Section 1. The Congress of the Confederate States of America do enact, That from and after the passing of this act, the gene- ral staff of the army of the Confederates States shall consist of an Adjutant and Inspector General's Department, Quartermaster General's Department, Subsistence Department, and the Medi- cal Department. Sec. 2. Be It further enacted, That the Adjutant and Inspector General's Department shall consist of one Adjut.ant and In- spector General with the rank of colonel, four Assistant Adju- tants General with the rank of major, and four Assistant Adju- tants General with the rank of captain. Skc. 3. Be it further enacted, That the Quartermaster Gene- ral's Department shall consist of one Quartermaster General with the rank of colonel, six Quartermasters with the rank of 30 major ; niicl ;is many Assistant QuartcM-niasters as may from lime to time be i-equired by tlie service may be detailed by tlic War Department from the subalterns of the line, who, in addition to their jtay in the line, shall receive twenty dollars per month while enL(:iartmcnt shall not exercise com- mand except in their own department. Sec. 7. Be it further enacted, That tlie staff officers herein provided for shall be appointed by the President, by and with the advice and consent of the Congress, and shall receive such pay and allowances as shall be hereafter established by law. Approved, February 20, 1801. 31 No. 38.] AN- ACT To autliorize the Secretary of the Treasury to estal^lisli addi- tioual Ports and places of Entry and Delivery, and appoint Officers therefor. Section 1. The Congress of the Confederate States of America do enact, That the Secretary of the Treasury be and he is hereby authorized and empowered to establish such ports of entry and delivery of goods, wares and merchandise as in his judgment may bp necessary for the proper collection of the customs and the enforcement of the revenue laws of the Confederate States ; and that he liave power to change, alter and abolish such ports and places of entry and delivery at any time when the public interests may require it. Sec, 2. lie it further enacted, That the Secretary of the Treas- ury be and he is hereby authorized and empowered to appoint suitable persons as collectors of the customs at such ports and places of entry and delivery, unartments already established by law. Sec. 2. The corps of engineers shall consist of one colonel, four majors, five captains, and one company of sappers, miners and pontoniers, which shall consist of ten sergeants or master workmen, ten corporals or overseers, two musicians, and thirty, nine privates of the first class, or artificers, and thirty-nine pri- vates of the second class, or laborers, making in all one hundred. 41 Sec, 3. The said company sliall be officered by one captain of the corps of engineers, and as many hentenants, to be selected by the President from the hue of the army, as he may deem necessary for the service, and shall be instructed in and perform all the duties of sappers, miners and pontoniers, and shall, more- over, under the orders of the chief encrineer, be liable to serve by detachments in overseeing and aiding laborers upon fortifi- cations or other works, under the engineer deiiartment, and in supervising finished fortifications, as fortkeepers, preventing injury and making repairs. Sec. 4. It shall be the duty of the colonel of the engineer coriDS, subject to the approval of the Secretary of War, to pre- scribe the number, quantity, form, dimensions, tfec, of the neces- sary vehicles, arms, pontons, tools, implements, and other sup- plies for the service of the said company as a body of sappers, miners and pontoniers. Sec. 5. The Cordis of Artillery, which shall also be charged with ordnance duties, shall consist of one colonel, one lieutenant colonel, ten majors, and forty companies of artillerists and arti- ficers, and each company shall consist of one captain, two first lieutenants, one second lieutenant, four sergeants, four corporals, two musicians and seventy privates. There shall also be one adjutant, to be selected by the colonel from the first lieutenants, and one sergeant-major, to be selected from the enlisted men of the corps. The President may equip as light batteries, of six pieces each, such of these companies as he may deem expedient, not exceeding four, in time of peace. Sec. 6. Each regiment of infantry shall consist of one colonel, one lieutenant-colonel, one major and ten companies ; each com- pany shall consist of one captain, one first lieutenant, two second lieutenants, four sergeants, four corj)orals, two musicians and ninety privates ; and to each regiment there shall be attached one adjutant, to be selected from the lieutenants, and one ser- geant-major, to be selected from the enlisted men of the regi- ment. Sec. 7. The regiment of cavalry shall consist of one colonel, one lieutenant-colonel, one major and ten companies, each of which shall consist of one captain, one first lieutenant, two second lieutenants, fpur sei-^eants, four corporals, one farrier, one blacksmith, two musicians and sixty privates. There shall 42 also be one adjutant and one scrgoaut-raajor, to be selected as aforesaid. Sec. 8. There shall be four brigadier-generals, who shall be assigned to such commands and duties as the President may specially direct, and shall be entitled to one ald-de-camp each, to be selected from the subalterns of the line of the army, who, in addition to their duties as aids-de-camp, may perform tlie du- ties of assistants adjutant-general. Sec. 9. All officers of the army shall be appointed by the President, by and with the advice and consent of the Congress, and the rank and tile shall be enlisted for a term not less than three nor more than five years, under such regulations as may be established. Sec. 10. No officer shall be appointed in the army until he shall have passed an examination satisfactory to the President, and in such manner as he may prescribe, as to his character and fitness for the service. The President, h(t\vever, shall have power to postpone this examination for one year alter appoint- ment, if in his judgment necessary for the public interest. Sec. 1 1 . All vacancies in established regiments and eorps, to and including the rank of colonel, shall be tilled by ])romotion according to seniorit}^ except in case of disability or other incompetency. Promotions to and including the rank of colonel shall be made regimentally in the infmtry and cavalry, in the staS" departments, and in the engineers and artillery, according to corps. Appointments to tlie rank of brigadier-general, after the army is organized, shall be made by selection from the army. Sec. 12. The President of the Confederate States is hereby authorized to appoint to the lowest grade of subaltern officers such meritorious non-commissioned officers as may, upon the recommendation of their colonels and company olHcers, be brought before an army board, s^jccially convened for the pur- pose, and found qualitied for the duties of commissioned officers, and to attach them to regiments or corps, as supernumerary officers, if there be no vacancies: Procidid, There shall not be more than one so attached to any one company at the same time. Sec. 13. The pay of a brigadier-general shall be three l^undred and one dollars per month. The aid-de-camp of a brigadier- general, in addition to his pay as lieutenant, shall receive thirty- five dollars per month. 43 Sec. 14. The mouthly pay of the officers of the corps of engi- neers shall be as follows : of the colonel, two hundred and ten dollars ; of a major, one hundred and sixty-two dollars ; of a captain, one hundred and forty dollars ; lieutenants serving with the company of sappers and miners shall receive the pay of cavalry officers of the same grade. Sec. 15. The monthly pay of the colonel of the corps of artil- lery shall be two hundred and ten dollars ; of a lieutenant-colonel, one hundred and eighty-five dollars ; of a major, one himdred and tifty dollars, and Avhen serving on ordnance duty, one hun- dred and sixty-two dollars; of a captain, one hundred and thirty dollars ; of a first lieutenant, ninety dollai's ; of a second lieuten- ant, eighty dollars ; and the adjutant shall receive, in addition to his pay as heutenant, ten dollars per month. Officers of artillery serving in the light artillery, or performing ordnance duty, shaU receive the same pay as officers of cavalry of the same grade. Sec. 16. The monthly pay of the officers of the infantry shall be as follows : of a colonel, one hundred and ninety-five dollars; of a lieutenant-colonel, one hundred and seventy dollars ; of a major, one hundred and fifty dollars ; of a captain, one hundred and thirty dollars ; of a first lieutenant, ninety dollars ; of a second lieutenant, eighty dollars ; the adjutant, in addition to his pay as lieutenant, ten dollars. Sec. 17. The monthly pay of the officers of the cavalry shall be as follows : of a colonel, two hundred and ten dollars; of a 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, nhiety dollars ; the adjutant, ten dollars per month, in addition to his pay as lieutenant. Sec. 18. The pay of the officers of the general staff, except . those of the medical department, shall be the same as that of officers of cavalry of the same grade. The surgeon-general shall receive an annual salary of three thousand dollars, which shall be in full of all pay and allowances, except fuel and quarters. The monthly pay of a surgeon, of ten years' service in that grade, shall be two hundred dollars ; a surgeon of less than ten years' service in that grade, one hundred and sixty-two dollars; au assistant surgeon of ten years' service in that grade, one hun- dred and fifty dollars ; au assistant surgeon of five years' service in that grade, one hundred and thirty dollars ; and au assistant 44 surcjeon of less than five years' service, one Imndrctl anil ten dollars. SKf. 19. There shall he allowed, in addition to the pay here- inheforc provided, to every commissioned officer, except the surgeon-general, nine dollars per month fm- every five years' service ; and to the ofiicers of the army of the United States, who have resigned or may resign to be received into the service of the Confederate States, this additional pay shall be allowed from the date of their entrance into the former service. There shall also be an additional monthly allowance to every general officer commanding in chief a separate army actually in the field, of one hundred dollars. Sec. 20. The pay of officers as hereinbefore established shall be in full of all allowances, exce])t forage, fuel, quarters and travelling expenses while travelling under orders. The allow- ance of forage, fuel and quarters shall be fixed by regulations and shall be furnished in kind, except when officers are serving at stations without troops where public quarters cannot be had, in which case they may be allowed, in lieu of forage, eight dol- lars per month for each horse to which they may be entitled, provided they are actually kept in service and mustered, and quarters may be commuted at a rate to be fixed by the Secretary of War, and fuel at the market price delivered. An officer Avhen travelling under orders shall be allowed mileage at the rate of ten cents per mile. Sec. 21. In time of war, officers of the army shall be entitled to draw forage for horses, according to grade, as follows: A brigadier-general, four; the adjutant and inspector-general, quartermaster-general, commissary-general, and the colonels of engineers, artillery, infantry and cavalry, three each ; all lieutenant-colonels and majors, and captains of the general staflf, engineer corps, light artillery and cavalry, three each ; lieuten- ants serving in the corps of engineers, lieutenants of light ar- tillery and of cavalry, two each. In time of peace: general and field ofiicers, three ; officers below the rank of field ofincers, in the general staflf, corps of engineers, light artillery and cavalry, two : Provided in all cases that the horses are actually kept in service and mustered. No enlisted man in the service of the Confederate States shall be employed as a a servant by any oflJ- car of the army. 45 Sec. 22. The monthly pay of the enlisted men of the army of the Confederate States shall be as follows : That of a ser- geant or master Avorkman of the engineer corps, thirty-four dollars ; that of a corporal or overseer, twenty dollars ; privates of the first class, or artificers, seventeen dollars ; and privates of the second class, or laborers, and musicians, thirteen dollars. The sergeant-major of cavalry, twenty-one dollars ; first ser- geants, twenty dollars ; sergeants, seventeen dollars ; corporals, farriers and blacksmiths, thirteen dollars ; musicians, thirteen dollars ; and privates, twelve dollars. Sergeants-major of artil- lery and infantry, twenty-one dollars ; first sergeants, twenty dollars each ; sergeants, seventeen dollars ; corporals and arti- ficers, thirteen dollars ; musicians, twelve dollars ; and jtrivates eleven dollars each. The non-commissioned otficers, artificers, musicians and privates serving in light batteries shall receive the same pay as those of cavalry. Sec. 23. The President shall be authorized to enlist as many master armorers, master carriage-makers, master blacksmiths, armorers, carriage-makers, blacksmiths, artificers, and laborers, for ordnance service, as he may deem necessary, not exceeding in all one hundred men, who shall be attached to the corps of artillery. The pay of a master armorer, master carriage-makei', master blacksmith, shall be thirty-four dollars per mouth; armorers, carriage-makers and blacksmiths, twenty dollars per month ; artificers, seveuteen dollars, and laborers, thirteen dol- lars per month. Sec. 24. Each enlisted man of the army of the Confederate States shall receive one ration per d.ay, and a yearly allowance of clothing, the quantity and kind of each to be established by regulations from the AVar Department, to be approved by the President. Sec. 25. Rations shall generally be issued in kind, but under circumstances rendering a commutation necessary. The commu- tation value of the ration shall be fixed by regulations of the War Department, to be approved by the President, Sec. 26. The ofticers appointed in the army of the Confed- erate States by virtue of this act, shall perform all military du- ties to which they may be severally assigned by authority of the l*resident, and it shall be the duty of the Secretary of War to prepare and publish regulations, prescribing the details of every department in the service, for the general government of ' 46 the army, which regulations shall be approved by the President, and when so approved shall be binding. Sec. 27. All oflicers of the quartermaster's and commissary departments shall, previous to entering on the duties of their resjiective offices, give bonds with good and sufficient sureties to the Confederate States, in such sum as the Secretary of War shall direct, fully to account for all moneys and public property "which they may receive. Sec. 28. Neither the quartermaster-general, the commissary- general, nor any or either of their assistants, shall be concerned, directly or indirectly, in the purchase or sale of any articles in- tended for, making a part of, or appertaining to public supplies, except for and on account of the Confederate States ; nor shall they, or either of them, take or apply to his or their own use any gain or emolument for negotiating .-tny business in their re- spective departments, other than Avhat is or may be allowed by law. Sec. 29. The Rules and Articles of War established by the laws of the United States of America for the government of the army are hereby declared to be of force, except that wherever the Avords "United States" occur, the Avords "Confederate States" shall be substituted therefor ; and except that the arti- cles of Avar numbers sixty-one and sixty-tAVo are hereby abro- gated, and the folloAving articles substituted therefor : Article 61. Officers having brevets or commissions of a prior date to those of the corps in Avhich they serve Avill take place on courts martial or of inquiry, and on boards detailed for military purposes, Avhen composed of diiferent corps, according to the ranks given them in their brevet or former commissions, but in the regiment, corps, or company to Avhich such officers belong, they shall do duty and take rank, both in courts and on boards as aforesaid, Avhich shall be composed of their own corps, according to the commission by Avhich they are there mustered. Abticlk 62. If upon marches, guards, or in quarters, diifer- ent corps shall ha])pen to join or do duty together, the officer highest in rank, according to the commission by Avliich he is mustered in the army, navy, marine cor j is, or militia, there on duty by orders from competent authority, shall command the Avhole and give orders for Avhat is needful for the service, unless otherAvise directed by the President of the Confederate States in orders of special assignment providing for the case. 47 Sec. 30. The President shall call into the service of the Con- federate States only so many of the troops herein provided for as he may deem the safety of the Confederacy may require. Sec. 31. All laws or parts of laws of the United States, which have been adopted by the Congress of the Confederate States, repugnant to or inconsistent with this act, are hereby repealed. Approved, March 6, 1861. No. 53.] AN" ACT To create the Clerical Force of the several Executive Depart- ments of the Confederate States of America, and for other purposes. Section" 1 . The Congress of the Confederate States of America do enact, That the clerical force of the several departments of the Confederate States of America shall consist of the following officers : To the State Department there shall be one chief clerk, at a salary of fifteen hundred dollars per annum, and one clerk, at a salary of twelve himdred dollars per annum, and also a mes- senger, whose annual compensation shall be five himdred dollars. To the Treasury Department there shall be a chief clerk, whose salary shall be fifteen hundred dollars per annum, and three other clerks, who shall receive each twelve hundred dollars per annum; and there shall be one messenger, at an annual com- pensation of five himdred dollars. To each of the bureaus of the Treasury Department, viz : the comptroller, the auditor, the register and the treasurer, there shall be a chief clerk, 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 dollars each per annum, and eleven shall receive salaries of one thousand dollars each per annum ; and the said Secretary of the Treasury shall have power to distribute said twenty-two clerks among the said bureaus, as in his judgment will best sub- serve the public interest; .and to each of the oftices of comptrol- ler, auditor, register and treasurer, there shall be a messenger, with an annual salary of five hundred dollars. . . . To the War Department there shall be a chief of the bureau of war, at an annual salary of three thousand dollars, and five 48 ckrlcp, Avlio shrill each receive twelve hundred dollars per annum; and one of them may be appointed disbursing clerk, Avith an additional salary of six hundred dollars, who shall give bond with sureties to be a])iiroved by the Secretary 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, quar- termaster general, the connnissary general, the surgeon general, the chief engineer and the artillery, there shall be fourteen clerks, seven of whom shall receive each a salary of twelve hun- dred dollars, and seven a salary each of one thousand dollars per annum. And llie Secretary of "War is hereby authorized to assign said clerks to duty in the respective ofiices enumerated, as in his judgment will best promote the public service. And to each of said named bureaus, except the office of surgeon general, there shall be, if deemed necessary by the Secretary of War, a mes- senger, at an annual compensation of five hundred dollars. To the Post-Office Department there shall be an assistant post- master general, A\iih a salary of three thousand dollars per annum, and a chief clerk at a salary of fifteen hundred dollars per anniun, and ten other clerks, five of whom shall receive salaries each of tAvelve hundred, and five shall receive salaries each of one thousand dollars per annum. And there shall be one messenger, at an annual salary of five hundred dollars. To the Department of Justice there shall be an assistant at- torney-general at a salary of twenty-five hundred dollars per annum, and one clerk whose annual salary shall be twelve hun- dred dollars, and also a messenger at a salary of five hundred dollars. Sec. 2. The annual salaries of the assistant secretary of state^ the assistant secretary of the treasury, the comptroller, the auditor, the register and the treasurer shall each be the sum of three thousand dollars per annum. Sec. 3. The President of the Confederate States of America is hereby authorized to appoint or employ in his official house- • hold the following officers, to-wit : one private secretary, at an annual salary of twelve hundred dollars, and one messenger, at an annual salary of five hundred dollars. Sec. 4. And be it further enacted, That the Secretaries of State, Treasury, War. Navy, Attorney-General, and Postmaster- 49 General arc hereby authorized to employ such other cleriaal force iu tlieir respective departments as the exigeucies ol" the public service may absolutely require, being limited in the com- pensation to the lower grade of salary for clerks provided for in this bill; they are also empowered to emjtloy such laborers for their respective offices as may be required, not exceeding one for each of the executive departments, and whose compensation shall not exceed one dollar and fifty cents per day. ApriiovED, March 7, 1861. Ko. 54.J A RESOLUTION In relation to International Copyrights. Whereas, Great Britain, France, Prussia, Saxony and other European Powers have passed laws to secure to authors of other states the benefits and privileges 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, tliere- fore be it Resolved by the Congress of the Conjeder ate States of America^ That the President be and he is hereby authorized to instruct the Commissioners appointed by him to visit the European Powers, to enter into treaty obligations for the extension of international co})yright privileges to all authors, the citizens and subjects of the powers aforesaid. ArpROVED, March 7, ISGl. No. 55.] AX ACT To create the clerical force of the Navy Department. Section 1. The Gongressofthe Co) federate States of America do enact. That the clerical force of the Navy Department shall consist of one chief clerk, at a salary of fifteen hundred dollars per annum, Avho shall also perform the duties of disbursing agent and corresponding clerk of said department, and receive therefor an extra compensation of six hundred dollars per an- num ; and also three other clerks, two of whom shall receive a salary each of twelve hundred dollars per annum, and one a 4 50 salary of one thousand dollars per atiiium ; and there shall bo attached to said department a messenger, whose annual com- pensation shall be five hundred dollars. ArpROVED, March 8, 1801. Xo.50.] A RESOLUTION To continue the Mints at New Orleans and Dahloncga. Tlic Congress of the Confederate States of America do resolve^ That the mints at New Orleans and Dahloncga shall be con- tinued, and the jiroj^er arrangements made as soon as possible to procure suitable dies for the coin of the Confederate States. Mesolced further^ That the Secretary of the Treasury be re- quested to estimate and rej)ort to Congress the lowest amount of appropriation necessary to carry out the above resolution. Ajpproved, March 9, 18G1. No. 57.] AN ACT To admit certain materials free of Duty for the construction of Telegraphic Lines from Savannah, in the State of Georgia, to Fort Pulaski, and from Mobile, in the State of Alabama, to Fort Morgan. Section 1. The Congress of tJie Confederate States of America do enact, That certain cable wire and other materials for the construction of a telegraphic line between the city of Savannah, in the State of Georgia, and Fort Pulaski, in the same state, which may be importedby C. C. Walden,the contractor for said line, be admitted free of duty, upon satisfoctory proof being submitted to the collector of the port of Savannah that the materials herein designated are imported for and applied to the construction of the said telegraphic lino. Sec. 2. A7id be it further enacted. That the materials neces- sary to construct a telegraphic line from Mobile to Fort Mor- gan may also be imported free of duty. ArmovED, March 9, 18G1. 51 No. 58.] AN ACT To authorize the Issue of Treasury Notes, and to prescribe the Punishment for forging the same, and for forging certifi- cates of Stock, Bonds, or Coupons. Section 1 . The Congress of the Confederate States of America do enact, That the President of the Confederate States of Amer- ica is hereby authorized to cause treasury notes to be issued for sucli sum or sums as the exigencies of the pubHc service may require, but not to exceed at any time one milUon of dollars, and of denominations not less than fifty dollars for any such note, to be prepared, signed and issued in the manner hereinafter provided. Sec. 2, And he it farther enacted., That such treasury notes shall be paid and redeemed by the Confederate States at the treasury thereof, after the expiration of one year from the dates of said notes, from which dates they shall bear interest at the rate of one cent per day for every hundred dollars issued : Pro- vided, That after the maturity of any of said notes, interest thereon shall cease at the expiration of sixty days' notice of readiness to pay and redeem the same, which may at any time or times be given by the Secretary of the Treasury, in one or more newspapers published at the seat of goverimient. The payment or redemi)tion of said notes herein provided shall be made to the lawful holders thereof respectively, upon present- ment at the treasury, and shall include the principal of each note and the interest which shall be due thereon. And for such pay- ment and redemption, at the time or times herein specified, the faith of the Confederate States of America is hereby pledged. Si:c. 3. And he it further enacted. That such treasury notes shall be prepared under the direction of the Secretary of the Treasury, and shall be signed, in behalf of the Confederate States of America, by the treasurer thereof, and countersigned by the register of the treasury. Each of ■these officers shall keep, in a book or books provided for that purpose, separate, full and accu- rate accounts, showing the number, date, amount and rate of interest of each treasury note signed and countersigned by them respectively ; and also similar accounts showing all such notes as may be paid, redeemed and cancelled, as the same may be returned, all which accounts shall be carefully preserved in the Treasury Department. And the treasurer shall account quar- 62 terly for all such treasury notes as slmll have heen countersigned by the register and delivereil to the treasurer for issue. Skc. 4. And he it further enacted^ That the Secretary of the Treasury is lierehy authorized, with the approbation of the President, to cause such portion of said treasury notes as may be deemed expedient to be issued by the treasurer in ixiynicnt of warrants in favor of public creditors or other persons lawfully entitled to such payment who may choose to receive such notes in ])ayinent at par. And the Secretary of the Treasury is further authorized, with the approbation of the President, to borro^v from time to time such sums of money, upon the credit of such notes, as the President may deem expedient : Provided, Tha.t no trehsury notes shall be pledged, hypothecated, sold or dis- posed of in any way, for any purpose whatever, cither directly or indirectly, for any sum less than the anunmt of such notes, including the principal and interest thereof. Sec, 5. And be it further erioiiitcd and qualified ; and every marshal or deputy, when removed fiom office, or when the term for which the marshal is appointed shall expire, shall have power, notwithstanding, to execute all such precepts and process as may be in their hand respectively at the time of such removal or expiration of office, until the next term of the court ; and the marslial shall be held answerable lor the delivery to his successor of all prisoners which may be in his custody at the time of his removal or resignation, or when the term for whi<'h he is appointed shall ex])ire, and for that purpose may retain such prisoners in his custody until his successor 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 duty of jailors to receive them. Sec. 7. All writs and process, either mesne or final, which shall issue from the Supreme Court, shall hear test in the name of either of the judges thereof; and all issued from the district court shall bear test of the judge of such court, and shall be under the seal of the court from whence they issue, and be signed by the clerk thereof The seals of the Supreme and dis- trict courts to be provided by the respective judges of the same. Sec. 6. The judge of each district shall appoint the times and places of holding the courts in his district, and where, imder the laws of the United States, liis state was divided into two or more districts, he shall annually hold not less than two terms of his court in each of these districts, as they existed on the first day of November, 1800. But in Louisiana he shall only be required to hold his court out of New Orleans at such time or times as he may consider the public interest requires him to do, and the counties, districts or parishes which constitute the divis- ions of his district, shall be the same as those which constituted the difterent districts under the laws aforesaid. Skc. 9. The said judges, before they jn-oceed to execute the duties of their respective offices, shall take the oath or affirma- tion prescribed in the constitution, and shall also swear or affirm to administer justice without respect to i)ersons, 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 office agreeably to < 4~ 85 fhc constitution and laws of the Confederate States, to the best of his ability. Sec. 10. The district courts shall have jurisdiction, concurrent with the courts of the several states, of all civil suits at common law or in equity where the matter in dispute, exclusive of costs, exceeds the sum or value of five thousand dollars, and where the character of the parties is such as by the constitution to authorize said court to entertain jurisdiction. But no person shall be arrested or summoned in any such suit in one division of district for trial in another ; and no civil suit shall be brouujht before any of said courts against an inhabitant of the Con- federate States by any original process in any other district than that of Avhich he is an inhabitant, nor shall any district court have cognizance of any suit to recover the contents of anj' promissory note or other chose in action in favor of an assignee or transferee, unless a suit might have been prosecuted in such court to recover such contents if no assignment or transfer had been made, except in cases of foreign bills of exchange. Skc. 11. Upon joint bills, bonds, notes or obligations, suits may be brouglit against any one or more of the parties, except that separate suits shall not be brought against joint parties thereto residing in the same district ; and when several actions shall be brought against persons who miglit bo legally joined in one action, the plaintiff, if judgment be given in his favor, shall not recover the costs of more than one action. , ^ courts of the Confederate States in any case where plain, ade- quate remedy may be had at law. And in any state in which there is or may be no separate court of equity, the district court shall administer and decide on mutters of equity according to the course of practice in the courts of such state. Sec. 13. The laws of the several states, except where the con- stitution, treaties or statutes of the Confederate States shall otherwise require or provide, shall be regarded as rules of decis- ion in the courts of the Confederate States, in cases where they apply. And where the decision of the highest court in a state has become a rule of property, the same shall be adopted as a rule in the courts of the Confederate States, in cases in which the laws of such state :ipply. Sec. 14. Except the style, the forms of writs and executions and other process, and the forms and modes of proceeding in 86 the progress and trial of suits, and in enforcing the judgments in the district courts of the Confederate States in cases at law, shall be the same in each of said states respectively as are now in use in the highest court of original general jurisdiction of the same ; and in proceedings in equity, according to the principles, laws and rules which govern courts of equity in such state- And whenever any state shall, by law, change such forms or modes of })roceeding hi its own courts, such change shall be applicable to the forms and modes of proceeding in the said dis- trict courts held in such state, unless Congress siiall otherwise provide by law. And the said district courts shall likewise have power to grant new trials. .Sec. 15. The costs and fees of clerks and marshals in the said district courts shall be the same in all cases, both civil and crim- inal, as are allowed by the law of the state in which such court is held, for similar services, to the officers of such state in the highest court of original jurisdiction therein, except that the miirshal shall be entitled to mileage at the rate of five cents per mile for the service of process on persons residing out of the county, district or parish in which the court is holden, such mileage to be computed for the distance actually travelled in the service of such jjrocess, upon the most direct route, computed from the jilace of holding such court ; and if there be more than one defendant in the same case in one county, but one charge for mileage shall be made. Sec. IG. Both the district and supreme courts, and the judges thereof, out of term, shall have power to issue Avrits of injunction, Hc'trefaritis and Jiahens corpKs^ and all other writs not specially provided for "by statute which may be necessary for the exer- cise of their resj)ective jurisdictions and agrecible to the princi- ples and usages of law: I^rooided, That writs o^ habeas corjnis shall in no case extend to prisoners, unless when they are in custody under or by virtue of the autliority of the C^onfederato States. Sec. 17. The rules for taking the deposition of any witnesses in a case at law whose attendance cannot be [)rocured, shall be the same as are in force by laAV in the highest court of origi- nal 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 exceptions to which they would be liable in the said court of the state. IS' o witness, under any cir- 87 cumstances, shall be compelled to attend a 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 deposition may be taken. In suits in equity, deposition 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 whicli depositions may be taken in the highest court of original equity jurisdiction in the state in which such depositions are to be used, and when so taken they, shall be read upon the hear- ing of the cause, if subject to no legal exception ; and the said district courts may also on application thereto as a court of equity, direct depositions to be taken to perpetuate testimony relating to matters cognizable in any court of the Confederate States, such depositions to be taken according to the law and pi-actice in the state in which the order is niade: Provided, That in Louisiana and Texas depositions may in all cases be taken according to the laws regulating the practice of the highest courts of original jurisdiction in these states. Sec. 18. The judges of the several district courts may, each for his own district, appoint as many commissioners as he may deem necessary, to administer oaths and take acknowledgments of deeds or other 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 swearing falsely in any oath or matter before such commissioner shall, upon conviction, be Hable to the same punishment as if the oath had been made before such judge. And tlie same fees shall be allowed such commissioner as are allowed for similar services by the laws of the state in which they are })erformed. All the powers and au- thority conferred on commissioners in and by the preceding clause are hereby vested in and may be exercised by any legally appointed notary public in any of the Confederate States. Sec. 19. In all the courts of the Confederate States the par. ties shall have a right to be heard either by tlicmselves or counsel. Sec. 20. Where judgments are a mortgage or lien upon the property of a defendant in any of the states, they shall have the same etiect or lien wlien rendered in one of the district courts of tUe Confederate States as if rendered in a state court, and be subject to the same rules as to enrollment, or recording of 8« jiidcfu^ents or abptracts of judcfments. And the lit'ii of execu- tions fihall be the same as in the courts of the state where sueh district court sits. "But in all eases of conflict between levies of process from the state and federal courts, the tirst levy shall have priority." Sec. 21. The mode of proof by oral testimony and examina- tion of witnesses in open court in trials at low slinll be the same in the said district courts as in the court of the highest origi- nal jurisdiction in the state in which sucli tiial takes place ; and the compensation of witnesses shall likewise be the same. The rules to determine the competency of witnesses shall also be the same. Skc. 22. In any suit dependinor in any of the courts of the Con- federate States, if either of the parties should die andthe cause of action should survive, such suit may bie revived in the same manner as in similar cases in the courts of the highest original jurisdiction in the state in which tlie cause is i)ending, and when there are two or more plaintiffs and defendants, and one or more of them should die, the suits shall not be thereby abated, but such death being suggested on the record, the suit may then l)rocced in the name of the survivor or survivors ; or where the law of any state permits the representative of the deceased to be joined in such suit, the same may be done in the district court ; or if the cause should be pending in the Supreme Court, then it may be revived by scire facias against the executor or administrator, issued from the oflice of the clerk of such court, returnable to the next term thereof and duly served by the marshal twenty days before the sitting of such court. Sec. 23. The said district court sliall have power in the trial of actions at law, on motion and duo notice thereof, to require the parties to ])roduce books or writings in their possession or power which contain evidence ])erti))ent to the issir* ; and if the ]>laintiff shall fail to comply with such order, judgment of non- suit may be given against him ; and if the defendant shall so fail, then judgment by default may be rendered against him. ■ Skc. 24. The courts of the Confederate States shall have ]»ower to inflict punishment for contempts of court, but sn(;h power shall not be construed to extend to any cases except mis- behavior in the presence of the court, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said court in their official transactions, and the 0V disobedience, resistance or obstruction by any person whatso- ever of the process, order, rule, decree or command of said couit&; but such punishment shall not exceed theimj^osition of a fine of one hundred dollars and imprisonment during the term of the court. Skc. 25. Jurors, in all cases, to serve in the courts of the Confederate States, shall have the like qualifications, and be en- titled to the like exemptions, as jurors in the highest court of original jurisdiction of the state in which the district Courtis held, and shall be selected by lot or otherwise, according to the form and mode of forming such juries in the courts of the state, in so far as such mode may be practicable ; and for this purpose, the district courts shall have power to make all rules and reg- ulations necessary to conform to the selection and empaimeling of Junes to the laws of the state, so as to secure an im]>artial trial, without needless expense, and without undue burden to the citizens of any part of the district. And when from any cause there shall not be a jui^ to determine any criminal or civil case, the court may direct a jury to be summoned of the by- standers to complete the pannel. And it shall be the duty of the judge, thirty days before the holding of the first court in his district under this law, to direct the marshal in what man- ner and to what extent to summons jurors for such court. The compensation to jurors in both civil and criminal cases shall be the same as is allowed to jurors in courts of the highest original jurisdiction in the state in which such court is held ; and if in such state court there be no allowance for mileage, the jurors shall be allowed five cents per mile for travelling from their respective places of abode to the place where the court is holden, and the same for returning. Skc. 26. In all suits on bonds, agreements, or specialities for penalties, or breach of covenant, the amount recovered by the default or confession of the defendant or upon demurrer, shall be the sum actually due ; and when the sum for which judgment is rendered is uncertain, the same shall be assessed by a jury. On all judgments in civil cases for the payment of money, in- terest shall be allowed at such rate as is allowed lipon judg- ments rendered in the highest court of original jurisdiction in the state in which such district court sits. . Sec. 27. Every mistake, omission, defect or imperfection in the process, declaration, pleading, or any of the proceedings in 90 any cause, or in the judgment, shjiU be amended from time to time, at the instance of elthiT party, accordinj^ to the several statutes of amendments or jeofjxils in the state in which tlie court sits, 80 as to secure a trial upon the merits, and that jus- tice may he done, subject .to any rule for the costs of amend- ment which thejudf^e may impose. Sec. 28. Where, in any state, there are two or more divisions of the district court, all writs of execution upon any judre- scribed by la\v. And where there are tliree divisions in the district for which he is appointed, he shall be allowed mileagea at the rate often cents per mile, forgoing to and returning from 91 tbe court which is most distant from his place of residence, to be computed on the most usual line of travel ; and in case of of the absence of such attorney from any term of the court, the presiding judge may appoint a fit person to act for him for the term. Sec. 32. Whenever a mai'shal shall sellany lands ortcnements by virtue of any process in his hands, and shall die, or in any manner go out of office before making a deed to the same, the court to which the process is returnable may, upon written ap- j)lication and notice thereof to the plaintiff and defendant, or their counsel, and upon a statement and proof of the facts, direct his successor to make the necessary deed therefor upon the payment of any purchase money or costs remaining unpaid. SjiC. 33. In any civil case in any of the courts of the Confed- erate States, the plaintiff 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 be dismissed at the next term, imlessgood cause be shown against it. And the said district courts t^hall have power, from time to time, to make all needful rules for the conduct and dispatch of business therein, not inconsistent with the constitution and laws of the Confederate States, or with the provisions of this act. Sec. 34. The laws of the several states abolishing imprison- ment for debt, and i)roviding relief for debtors held in custody, shall take effect in favor of all persons held iu custody for debt under the process of the federal courts of the Confederacy. Sec. 35. And be it further enacted, That the said district courts shall have exclusive cognizance of all crimes and offences .cognizable under the authority of the Confederate States, ex- cept where the laws of said Confederate States shall otherwise provide. Sec. 36. The said courts, in term, shall have power to direct a grand jury to be sujumoned and empanneled, whenever in its judgment it may be proper to do so, and at such time as it may direct. After such jury is empaniielcd the proceixlings shall conform, :\s nearly as may be, to the law and practice of the court of the highest original criminal jurisdiction in the state where such distrit;t court is held. But no grand jury shall be summoned mdess upon the order of the judge or court, and if 92 made by the judge out of term, slinll be in writing under his hand and seal. Sec. 37. Until otlierwise provided by law of Congress, the laws of the United States in regard to crimes and ofiences, and to tlie mode of i)rocediire, practice and trial in all criminal cases shall bo in force, and form the rule of practice and decision in the ilistrict courts of the Confederate States, and where there is no such law governing the practice, then the rule and course shall conform as nearly as practicable to the practice established by law of tlie state court of highest original jurisdiction in which the said district court sits. And this provision shall extend to the rules of evidence and mode of examining witnesses in such cases. Skc. 38. Writs of error or appeals to the Supreme Court of the Confederate States shall be allowed the accused in all cases in which the punishment or penalty upon conviction is death or imprisonment in the penitentiary, in the same manner and upon the same terms as are allowed in courts of higliest 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 tlie same as in the courts of the state from which such appeal or writ of error is taken. Such writ of error shall operate as a stay to the execution of the sentence or judg- ment, npon the execution of such bond as may be required by the state law in similar cases; andif such sentence or judgment shall be affirmed, and the time for executing the same shall have passed, the Supreme Court shall give such judgment oi- pro- nounce such sentence as the kiw proscribes, and appoint the time and place for carrying the same into effect by the marshal of the court from which said writ of err;>r emanated. Sec. 39. The said district courts shall have original cogni- zance of all civil causes of admiralty and niaritime jurisdiction, including all seizures undei* the revonnelaws or laws of naviga- tion and trade of the Confederate States, Avhen the seiznres or cause of comi)laint arises on waters which are navigable from the sea by vessels of one hundred or more tons burden, within the respective districts as well as upon the high seas ; saving to suitors in all cases the right of a common law remedy, whore the remedy at common law is ample and complete. And said district courts, as courts of admiralt}-, shall be deemed always open for the purpose of tiling libels, petitions, answers and other pleadings, for issuing and returning mesne and final process and commissions, and for making all interlocutory orders or rules which may be necessary. And the lawa of the United States and the rules of court in reference to admiralty proceedings in force in the admiralty courts of the United States of America on the twentieth day of December, one thousand eight hundred and sixty, so far as the same may be ai)})licable, and are not inconsistent with the constitution and laws of the Confederate States, are hereby con- tinued in full force and elFect in the courts of flie Confederate States, until altered or repealed by law. Si:c. 40. Finid judgments and decrees in civil actions, and final decrees in equity in a district court, where the matter in dis- pute exceeds in value the sum of five thousand 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 years af- ter rendering or passing the judgment or decree complained of, or in case the person entitled to such writ of [error] be an infant, femme covert, non compos mentis or imprisoned, then within two years, as aforesaid, exclusive of the time of such disability. And every judtre signing a citation or any writ of error, as aforesaid, shall take bond, and good and sufficient sm-eties, that the j>laintilf shall prosecute his writ with effect, and answer all costs if he fail to make good his plea; and no writ of error shall operate as a supersedeas and stay of execution, unless such bond be witk sureties and of sufficient amount to secure the whole judgment, if it bo affirmed, in addition to the costs. And the said court or the judges thereof, shall have power to appoint a clerk, who shall take the oath prescribed for the clerks of the district courts, and give bond for the faithful dis- charge of his duty, in such amount as said court may direct, whose fees shall be the same as those now allowed to the clerks of the Supreme Courts of the United States. Skc. 41. "Where, upon such writ of error, the Supreme Court shall affirm a judgment or decree, they may adjudge or decree to the defendant in error just damages for his delay not exceed- ing ten per cent, per annum, but such damages shall only be given when it is manifest to the court that the appeal or writ of 94 error \\ as taken for delay, and all costs. The Supreme Courts shall not issue executions in causes that are removed before them by writs of error, but shall send a special mandate to the district court to award execution thereupon, including lawful costs accruing upon such ajipeal. Sec. 42. From all final judgments or decrees which may be rendered in any district court in any cases of equity, of admi- ralty and maritime jurisdiction, and of prize or no prize, an ap- peal, where the matter in disjiute, exclusive of costs, exceeds the sum or value of five thousand dollars in equity, or of five hundred dollars in courts of admiralty and maritime jurisdic- tion, slinll be allowed to the Supreme Court, and upon such ap- peal, a transcript of the libel, bill, answer, depositions and all other proceedings of what kind soever in the cause, shall be transmitted to the said Supreme Court ; and no new evidence, shall be received in the said court on the hearing of such ap- peal ; and such appeals shall be subject to the same rules, regu- lations, and restrictions ns are prescribed in law in case of writs of error ; and the said Supreme Court shall be and hereby is authorized and required to receive, hear and determine such ap- peals : Provided alicai/s, That appeals or writs of error in any case to the Supreme Court of this Confederacy from existing judgments or decrees, may be taken under the same rules and regulations required by the laws of the United States for ap- peals or writs of error to the Supreme Court of the United States existing at the time the said judgment or decrees were rendered. Sec. 43. The Supreme Court shall have power from time to time to make all such rules and regulations asit may deem need- ful for the orderly and correct dispatch of cases not inconsistent "with the rules of law, and this power shall extend both to origi- nal and appellate causes therein. In all cases in the Supreme Court where there is an equal division of opinion among the judges thereof, and the court is not full, there shall be awarded a re-argument before a full court. If there be 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 controversies of a civil nature where a state is a party, ex- cept between a state and its citizens, or citizens of any other state or nation. It shall also have exclusively all such jurisdic- 95 tion of suits nv procee^lings agninst amhass.idovs or oilier pijblic ministers, or their servants, as a court of law can have or exer- cise consistently with the law of nations, and original, Init not exclusive jurisdiction, of all snits brought by ambassadors or other public ministers, or in which. a consul or vice-consul shall be 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 sliall have power to issue writs of prohi- bition to the district courts, when proceeding as courts of admi- I'alty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed under the authority of the Confederate States. Sko. 45. He it further enacted^ That a final judgment or de- cree in any suit, in the highest court of law or equity of a state in which a decision in the suit could be liad, where is drawn in question the validity of a treaty or statute of, or an aiithority exercised under the Confederate States : Or where is drawn in question the validity of a statute of, or an autlun-ity exercised imder any state, on the ground of their being repugnant to the constitution, treaties or laws of the Con- federate 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 Confederate States : In each of these causes the decision may be re-examined, and reversed or affirmed in the Supreme Court of the Confederate States, npon a writ of error, the citation being signed by any judge of the said Supreme Court, in the same manner and under the same regulations, and with the like effect as if the judgment or decree complained of had been rendered or passed in a dis- ti'ict court of the Confederate States ; and the proceeding upon reversal shall be the same, except that the Supreme Court, instead of remanding the cause for a final decision, may at their discretion, if the cause shall have once been remanded before, proceed to a 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 beforcraen- tioned questions of validity or construction of the said constitu- tion, treaties, statues, commissions or authorities in dispute. 06 Sec. -to. AlljaJgraents, orJei-s aud decrees made by any state court since the date of the secessiou of sucli state, upon any subject or matter which before euch secession was within the jurisdiction of the courts of the United {States, shall have the force aud eftVct of judgmeut;j,, orders and decrees of the courts lierein efrtab^irslu'd, with Ihc privilege of either party to ai'peal or sue out a writ of error. Sec. 47. And be it further enacted. That all the record ;<, par pers, dockets, depositions and judicial proceedings of every kind appertaining to any suit now peudhig in the circuit or district courts of the United States, within any of the states of the Con- federacy, shall be trausferred to the District Court of the Con- federate States of America in the same state aud district in which the same was pending ; aud the late clerk of said of said cowvt or district courts, or other persons in whose custody said records, papers, dockets, depositions and judicial proceedings may be shall deliver the same to the clerk of the district court to which they, may be trausferred under the provisions of this act, and the same shall stand iu the same plight aud condition in which they were in said cii'cuit and district courts . respectively, and all previous orders therein made shall have the same effect. And th6 court to which said causes are hereby transferred sliall proceed to hear and determine the same according to ia>v, and all dockets, books, records, documents aud papers of every kind pertaining to judicial proceedings in any of said courts, and to suits heretofore decided tlierein, and all ])atents, deeds, records, books and pa})crs pertaining to any land olHce wliich may by law have been deposited with the clerk of any of said courts or transferred to his office for safe keeping, shall be delivered to the clerk of the district court ft)r the district in which such court is situated, and the same shall be safely kept and preserved by said clerk until otherwise i)rovided by law. And copies of any such records or other papers made out by said clerk of the dis- trict court aud authenticated according to law, shall have the force and eflect given to copies of other instruments of like character in such state, and be admissable in evidence in all cases in which copies are admitted as evidence in the courts of the Confederate States : Provided, That all suits which shall have been pending iu any of said courts for the space of five years without prosecution shall be considered as abandoned, 97 unless prosecuted within six months- from the time of such transfer. And the judgments in alT civil cases heretofore rendered in said circuit and district courts of the United States remaining unsatisfied, shall have the same force and effect ■which they had before the secession of the state in which said court is situated, and the same jiroceedings may be had thereon in the district court of the Confederate States, by execution or otherwise, which might have been taken in the court in which 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 hi part executed by levy on property or otherwise, it shall be the duty of the marshal or officer 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 rendered, and to take his receipt therefor; and thereupon the said marshal shall pro- ceed to dispose of the same according to the laws in force at the time such judgment was rendered, and j)ay over the pro- ceeds to the party entitled. And new process shall be issued in such district courts Avhon requisite; but all suits pending in said courts in which the United States are plaintiffs shall remain suspended, and no further proceedings shall be had therein until the independence of this Confederacy shall be recognized bv the United States ; and execution of all judgments rendered in favor ot said United States is hereby suspended, and all seizures on executions heretofore ni.ade in behalf of the said United States are hereby declared to be inoperative and void, and shall not be renewed until recognition be made of the independence of this Confederacy as aforesaid. But this section shall be subject to - such disposition of the causes therein provided for as Jias been made by the several states before 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 United States upon appeal or writ of error, from any court of the states now forming the Confederate States, it shall be lawful for the appellant or plaintiff in error, at any time within twelve months from the date, to dismiss such appeal or writ of error, and file a transcript of the record and a copy of the bond 1 ()8 for the nppcal or writ of error in the Supreine Court of ibeCon- federato. States, and tber^Mipon tlu^ same shall he considered in all respects as if it liad been originally liled in the said Supremo 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 tl»e 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 })c transferred in twelve months as afore- said, then the judgment of the court from which tlie appeal or writ of error was taken shall be deemed final and in all things aifirmcd. And in case of such transfer, the bond given for the appeal or writ of error shall be and remain in full force in the court of the Confederate States ; and in casess where the tran- scripts of the records have already been printed in the Supreme Court of the United States under the rules thereof, such jirinted copy duly certified by the clerk of that court may be tiled in the Supreme Court of these Confederate States, and it shall not be necessary to have a new transcript made by the clerk of the court from which the appeal or writ of error was prosecuted. Sec. 49. And where there shall heretofore have been any iudfrment or decree in the Supreme Court of the United States in a case from any of the district or circuit courts of the United States for any one of the states now forming a part of the Con- federate States, and which remains in force and unexecuted, it shall be and it is hereby made the duty of the district court of such Confederate State and its officers 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 dissolution of the Union : Provided, That such judgnient or decree was rendered before the secession of the state from which such cause went to the Supreme Court. When any cause is transferred under the provisions of this law, notice of such transfer shall be given to the adverse party or his counsel thirty days before the term of the court at which such cause is to be tried. Sec. 50. In all cases Avhere persons are under judgment or sentence, or are 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 lias been executed and carried out, and the said district courts of the Confederate States are hereby clothed with all necessary powers to have such judgment or sentence executed. And no person now under arrest or in custody upon any criminal charge or ofFeucc, on process issued from the courts of the United States, shall be released by reason of the dissolution of the Union, but he shall continue under arrest or in custody until discharged by due course of law. And any bail bond given by any party to answer any charge under process from any of said courts shall be obligator)' 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. And all indictments heretofore found in any of the said courts and not yet disposed of shall continue in full force and virtue until heard and determined in the district court of the Confede- rate States for the district in which the same was found. And all warrants or other process issuing on any criminal cliarge from any of said courts shall continue in force and be made returnable to the court of the distiict in the Confederate 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. Sec. 51. Where, by the laws of any state, its penitentiary or jails may be used by the courts or marshals of the Confederate States, the same shall be so used whenever necessary; but 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 contiaement of all prisoners or convicts who may be committed to his custody by competent legal authority. Sec. 52. Where any forfeiture or penalty is by law prescribed against misfeflsance or malfeasance in office by any of the offi- cers of the Confederate States residing at the seat of govern- ment, or where crimes or offences are committed by any of said officers in their respective offices, which are or may be punisha- ble by indictment, or where suits may become necessary upon the official bonds of any such officers, made payable to the Con- federate States of America, the jurisdiction in all such cases shall pertain to and be exercised by the district court of the Confederate States which shall be held at the seat of govern- ment. 100 Sec. 53. From all judgments or decrees which shall be ren- dered m causes pending in the courts of tlic United States at the time of the scces.sion of the states in which the same were, and which causes shall be transferred to and decided by the courts of this Confederacy, writs of error or appeal may lie to the Su- preme Court of this Confederacy, when the sum or matter in controversy exceeds the sura of two thousand dollars. §K0. 54. This act shall be in force and have eficct from and after the passage thereof, and all laws and parts of laws coming within the purview of this act shall be and the same are hereby repealed. Api'koved, Mai-ch IG, 1861. Ko. 84.] AN ACT Making appropriations for the Custom Houses at New Orleans and Charleston, and for other purposes. The Congress of the Confederate /States of America do enacts That the follo^ving sums be and they are hereby appropriated for the objects hereafter expressed, for the year ending February the fourth, eighteen hundred and sixty-two : Custoui House, Charleston, /South Carolina. — For preserving unfinished work upon the Charleston ciistom house, the sum of five thousand dollars. Custom JlQiise^ New Orleans. — For roof, and preserving un- finished work upon the custom house at New Orleans, the sum of ten thousand dollars. For fitting up suitable rooms for the accommodation of the courts, and clerk's oftice at New Orleans, the sum of ten thousand dollars. Approved, March 15, 1861, No.^5.] A RESOLUTION In relation to the Contingent Fund of Congress. \st. Resoloed by the Congress of the Confederate States of America, That the disbursement of the contingent fund of Congress be placed under, the direction and control of the Sec- retary, subject to the approval of the committee on accounts. 101 Resolved further^ That estimates shall regularly be submitted by the Secretary, and no disbursement of the contingent fund shall hereafter l)e audited by the committee on accounts, except in accordance with such estimates. Resolved further^ That the Secretary at the next meeting of this Congress, shall submit a detailed and particular statement of the payments made and authorized by him from the contin- gent fund of Congress. Apt>RovEi), March 15, 1861. No. 86.] AN ACT To establish the Bureau of Indian Affiiirs. Section 1 , 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 Affairs, and charged with the management of our re- lations with the Indian tribes. Sec. 2. Re it further enacted, That the President, by and Avith the advice and consent of the Congress, 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 liundred dollars per annum, and the salary of the clerk fifteen hundred dollars per annum. Approved, March 15, 1861. No 87.] AN ACT To exempt from Duty certain articles of Merchandise therein named. Section 1. The Congress of the Confederate States of America do enact. That the Secretary of the Treasury is hereby author- ized and empowered to remit the duty in all cases where conunodities were hona fide purchased or contracted for on or before the 18th day of February last, within the late United States, where the importer has not been able to comply with the provisions of the act to define more accurately the exemp- tion of certain goods from duty, which required that l^he goods, wares and merchandise should have fceen actually laden on 102 board of tlic exporting vossul or conveynnce destined for aiiv port in this Confetleracy ou or before the tifleenth day of March in the present year : Provided, Such testimony is furnished the Secretary of the Treasury by tlie importer that it was impossi- ble to comply with the provisions of said act, and also that the demand and collection of said duty has operated injuriously to him or them beyond the commercial elfect upon articles of con- suini)tion by the imposition of duties. Sec. 2. And be it further enacted. That all books, pamphlets and tr.'icts and other publications printed and published by any church or benevolent society, whose organization extends to and embraces citizens of the Confederate States, shall be free and exempt from duty. Sec. 3. And he it further enacted, That all facts herein re- quired to exist in order to entitle a i)arty to the beaeliLs of this act, shall be established to the satisfaction of the Secretary of the Treasury, in a manner to be prescribed by him. Approved, March 15, 1861. No. 88.] AN ACT To fix the Duties on Articles therein named. Section 1. The Congress of the Confederate States of America do enact. That an ad valorem duty of fifteen per cent, shall be imposed on the following named articles imported from abroad into the Confederate States of America in lieu of the duties now imposed by law, to-wit : Coal, cheese, iron in blooms, pigs, bars, bolts, and slabs, and on all iron in a less manufactured state; also ou railroad rails, spikes, fishing j)lates, and chains used in the construction of railroads, paper of all sorts and all manufactures of; wood, unmanufactured, of all sorts. AppiiOVKD, March 15, 1801. No. 89.] AN ACT Making appropriations for the support of the Navy for the year ending 4th February, eighteen hundred and sixty-two. The Congress of the Confederate States do enact. That the following sums be and the same are hereby appropri- 103 ated for tte objects hereinafter expressed, for the year cndiog the fourth day of February, one thousand eight hundred and sixty-two, namely: 1st. For the pay of officers of the navy on duty and off duty, based upon the presumption that all the grailes authorized by the act of 1861 will be filled, one hundred and thirty-one thou- sand seven hundred and fifty dollars. 2d. For the pay of officers, non-commissioned officers, musi- cians and privates of the marine corps, one hundred and seventy- five thousand five hundred and twelve dollars. 3d. For provisions and clothing and contingencies in paymas- ter's department, one hundred and thirty-three thousand eight hundred and sixty dollars. 4th. For the pay of warrant and petty ofiicers, and of five hun- dred seamen, ordinary seamen, landsmen and boys, and engineer's department, one hundred and sixty-eight thousand dollars. 5th. For expenditures "vvhich will be recpiired for coal for the use of steamers, two hundred and thirty-five thousand dollars. 6th. For the probable cost of ten steam gunboats for coast defences of the Confederate States, to be built or purchased as may be most convenient, one million one hundred thousand dollars. Vth. For the probable cost of completing and equipping the steam sloo[t Fulton, now at the Pensacola navy yard, twenty-five thousand dollars. 8th. For the pay of officers and others at the navy yard, Pen- sacola, fifty-four thousand three hundred and sixty-three dol- lars. 9th. For compensation of four clerks on dutyat theNavy De- partment as jter act of 11th March, at fifteen hundred dollars each, six thousand dollars. Approved, March 15, 1 8 G 1 . :Xo. 90.] AX ACT Supplementary to an Act entitled ah Act to organize the Navy. .Skction 1. Tlic Congress'of the Confederate States of America do enact, That in case officers who were formerly attached to the navy of the United States, but had resigned in consequence 104 of the secession of nny one, or of all of the Confederate States, should receive ai>iJointments in the navy of the Confederate States, the President is authorized to affix to their commissions such dates as nirf}' be necessary to secure to them the same rela- tive position that they held in the former service. Ai'PKOVKD, March 16, 1861. No. 91.] AX ACT To authorize the transit of Merchandise through the Confed- erate States. SKfTiox ] . The Coigress of the Confederate States of America do enacts That goods, wares and merchandise imported from any foreign country into the Confederate States, destined for any foreign country, may be entered and have transit through the Confederate States free of duty, subject to such regulations as the Secretary of the Treasury from time to time shall make :,. and the said Secretary of Treasury shall have power to make such regulations as ho may deem expedient for the safety of the revenue and for the public coiiyenience, which regulations may be enforced in the manner prescribed by liiw as to other regu- lations in relation to the revenue. Approved, March 15, 1861. No. 92.] A RESOLUTION To pay certain Naval Officers their Travelling Expenses. Sectiox ]. The Congress of the Confederate States of America do resolre, That the Secretary of the Xavy be and he is hereby authorized to pay to Samuel Rousseau, Joseph Tatnall, Victor ' M. RaiKlolpli, J. D. Ingraham and Rapheal Semmes, late officers of the navy of the United States, who Avere summoned to this city by the committee on naval affiiirs, in pursuance of authority conferred on said committee by a resolution of this body adop- ted on the fourteenth day of February, one thousand eiglit hun- dred and sixty-one, their travelling expenses at the rates pre- scribed by law. Approved, March 15, 1861. liB6 No. 93.] AN ACT To repeal the Third Section of an Act to exempt from Duty certain commodities therein named, and for other purposes. The Congress of the Confederate States of America do enacts That the third section of an act passed February eighteenth, eighteen hundred and sixty -one, entitled an act to exempt from duty certain commodities therein named and for other purposes, be and the same is hereby repealed ; and that the tariff laws shall apply to the State of Texas from the date of her admission into this Confederacy in the same manner as the same apply to the other states. Approved, March 15, 1861. No. 94.] AN ACT Supplemental to an Act to define and fix the pay of the Officers of the Congress. Section 1 . The Congress of the Confederate States of A merica do enact, That the amount of salary established by the said act for each officer during the continuance of tlie provisional gov- ernment shall be deemed a salary for a year, and that each offi- cer may receive a rateable proportion thereof at any time dm-ing the year upon the warrant of the President of the Congress. Approved, March 16, 18G1. No. 95.] A RESOLUTION To provide for the Auditing and Paying of certain Claims against the Congress. Hesolved by the Congress of the Confederate States of Amer- ica, That lion. William P. Chilton, the resident member of the committee on accoixnts, be authorized to audit and allow ac- counts against the Congress which have not been audited and allowe«l — the Secretary of the Congress 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, coun- tersigned by said Secretary ; and this resolution to operate only during the recess of Congress. Ai'PROVED, March 16, 1861. lOG No. 90.] AN ACT To appropriate Money for certain eivil purposes. Section 1. The Congress of the Confederate States of Amerjca do enact. That the following sum bo and the same is hereby apjiropriatetl for the object hereafter expressed, for the year ending tlie fourth of Febrnary, eighteen liundred and sixty-two: For salary of Auditor- of the Treasury for auditing accounts of the war ofiice in the expenditure for the army, the sum of three thousand dollars. Appkoved, March 16, 1861. Ko. 9V.] AN ACT Making additional appropriations for the support of the Army, for the year ending the first of March, eighteen hundred and sixty-two. TJie Congress of the Confederate States of America do enact ^ That the following sum be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated, namely : For the purchase of ordnance and ordnance stores, one hundred and ten thousand dollars. Appeoved, March 16, 1801. No. 98.] AN ACT Making api)ropriations for the serxnce of the Post-Ofticg Depart- ment, for the fiscal yeai" ending the lii'st of March, eighteen hundred and sixty-two. Sbction 1. TJte Gongressofthe Confederate States of America do enact. That the following sums be appropriated for the Post- Office Department 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 depart- ment, namely : For transportation of the mails inland, one mil- lion one hundred and two thousand two hundred and eighteen dollars forty-nine cents ; for compensation of postmasters, three hundred thousand dollars ; for clerk of post-oflices, one hundred thousand dollars; for ship, steamboat and way letters, five thou- 107 •and dollars ; foi' office furniture for post-offices, two thousand dollars ; for advertising, fifteen thousand dollars ; for mail hags, ten thousand dollars ; for paper hlanks, ten thousand dollars ; for printing hlanks, three thousand dollars ; for wrapping paper, eight thousand dollars ; for mall locks, keys and stamps, ten thousand dollars ; for mail depredations Mid special agents, twenty thousand dollars ; for miscellaneous payments, forty thousand dollars ; for postage stamps and stamped envelopes, twenty-five thousand dollars ; for payment on account of foreign mail ser- vice, seventy-five thousand dollars ; for payment of letter car- riers, two thousand dollars. Sec. 2. That the sum of three hundred and twenty thousand and sixty dollars thirty-six cents be and the same is hereby appro- priated, to be paid out of any moneys in the trcasiiry not other- wise appropriated, to supply deficiencies in the revenue of the Post-Office Department forthe year ending the first of March, one thousand eight hnndred and sixty-two. Approved, March 16, 1861. No. 99.] AN ACT To authorize the Secretary of the Treasury to appoint Special Agents in certain cases. Section 1. The Congress of the Confederate States do enacts That the Secretary of the Treasury shall be and he is hereby authorized to appoint special agents for the purpose of organ- mng the custom houses at ports of entry and delivery on the frontiers between the Confederate States and other govern- ments, and to cause examinations to be made of the books, a^icounts, money on hand and general management of all the offices of the several collectors of the customs, sub-treasurers, public depositaries, mints, and all other officers and agents who may be under the control of the Treasury Department, as occa- sion may require, with such compensation, not exceeding six dollars per day and travelling expenses, as he may think reason- able, to be fixed at the time of each appointment. 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 lOS and the manner of its being kept, to the end tliat uniformity and ^accuracy in tlie accounts, as well as safety to the public moneys may be secured tlicreby. Sec. 2. J3e it further enacted. That this act shall expire in two years from the date of its passage. Appro VKD, March 1 G, 1 8C 1 . No. 100.] AN ACT Making appropriation for the service of the Bureau of Indian Affairs. Section 1. The Congress of the Confederate States of America do enact, That the following sum be and the same is hereby appropriated, out of any money in the treasury not otherwise aj^propriated, for the service of the Bureau ol Indian Atiairs, for the year ending first of March, eighteen hundred and sixty-two, namely : For the salary of the commissioner and chief clerk x)f the Bureau of Indian Affairs and incidental expenses of the bu- reau, five thousand dollars. Approved, March 10, 1861. No. 101.] AN ACT To amend an Act entitled an Act authorizing the President alone to make certain appointments. Section 1. The Congress of the Confederate States of Am-erica do enact, That the act described in the caption hereof shall be held and construed, to authorize the President to appoint, during the recess of Congress, all officers, civil, military and naval, es- tablished by law: Provided, Such appointments shall be submit- ted to the Congress when it re-assembles, for its advice and consent. Approved, March 16, 1861. CONFEDEHATE STATES OF MIERICA, { Department of State. j 1 certify that the foregoing Laws and Resohitions have been carefully compared "with the original copies ou tile in the office of the Secretary of State. WM. F. ALEXANDER, Chief Clerk, MoJSTGOMEUT, 18th April, 1861. I NDEX. 1 ABATEMENT-- Of suits . , 88 ADJUTANT and INSPECTOR GENEKAL-^ Depftrtmeut organized 29 " act amendatory 63 " contingencies for. 60 Brigadier General may be assigned to duty of. . . . 64 Officers of department may be assigned to com- mand by President 30 ADMIRALTY— At Key West 60-62 Jurisdiction of district court 92-93 Laws of U. S. and rules of court ,. 93 ALABAMA— Resoluti on accepting loan 1 AMENDMEN TS 89-90 APPEALS— When Court is divided 94 From district courts in criminal cases 92 "^ " '* in- civil cases 93 " " " in admiralty and equity 94 Key West , . . 62 From state courts 95 Pending in U, S. at date of secession 97-98 In cases transferred and decided by the courts of the Confederacy 99-100 Bonds for costs 93 Damages and costs ^ . . .^ . 93-94 Existing judgments and decrees.. . , ^ 94 112 APPOINTMENTS— Commissioners to U, S 10 See several lieads. APPROPRIATIONS— Provisional forces 67, 58, 03 Regular army. 58-00 Ordnance and ordnance stores 100 Legislative, executive and judicial T4-77 Post'office Department 75-70-107 Purchase, alteration, &c., of arms » . . 00 Bureau of Lidian Affairs 108 Miscellaneous. ...» 70 Executive mansion 76 Custom Houses _ 1 00 Courts and clerk's office. New Orleans 100 Navy 103 For salary of Auditor of Treasury auditing ac- counts of War Office 106 ARMS— Purchase, manufacture and alteration 10 Purchase, appropriation for 60 " and preparation of ordnance for navy.. 71 ARMY— General staff. 29 " amendatory act 63 Provisional forces.. 34 " " appropriations for 57, 58, 03 " " " " at Charleston 57, 58 Volunteers and militia 35-38 Regular organization 40 et. scq. " " appropriation for 58-00 " " oath required 04 ARREST— Persons under, not discharged by secession 99 ARTICLES OP^ WAR 40-47 ARSENALS 5, 74 ASSIGNEES— Suits by 85 ASSISTANTS— Assistant Attorney-General 48 " Postmaster General 48 V, 113 ASSISTANTS -CoNTiNiKi). . Assistant Sccretaiy of St:ite. ;? 1 , 4S " " " Tii'.isviry 1 3, 48 " ''Treasurers,... 6,7 " " " Congress, .78 Treasnrev, (Mint, N. O.) 65-56 ATTOllNEYS— Gontn-al, . ■ 11 , 1 7, 1'.^ 35 Assistant, 48 District, ai'pointnK'nt 90 Oath, duty, salary a:ul milcv^T 90 Key West G2, (repealer!,) '7ft Addition;;] compeu nation 81-82 AUDITOR— ?C« V«' .^^^'*^' office created 1 M , , " salary 13 '• duties, powers and incapacities 14-15 Second, duties and sabiry. 79, 106 ATisdeineanors and penalties 15 AUTOCiK ArilS 6 BAIL— ^ IJond not discharged by secession 9'.) RAKKKIJ. WTLLTA:M P 22 r.ILLS-^ (){ Congress I !* fVtJ.V!* 1 1 And notes 85 BOATS— Mississippi 26-28 Purchn'^e, arming and equipping . 38 Ciun 78 BONDS— Of custom officers ])rior to 1st April, 1861, and whqre filed 6-7 Of Confederate States 32-3M Of assistant treasurer and treasurer mint, N. O... 55-56 Marshals 83 Clerks Id. Suit upon official, of officer residing at seat of gov- ernnient 94 Bail not discharged by secession 99 114 BULLION FUNDS— ^ Transferreil by Louisiana 65 BUOYS 39 BUIJEAUS- Lii,^lit House 39-40 Printing 25 [ndian MX:\\r< 101-108 CAVEATS- Geiiernlly 35 As to Waldcn, ^.^\ 9 " Barker, W. P 22 CLEilKS- Snpreiiio Court, appointment, oath, boud and fees, 93 Couit of Admiralty, Key West 61 Justice Department 48 Post Office 48-50-57 State Department 47 Navy " 47-49-72 Treasury 47 Lidian Bureau 101-108 War Department 47-48 Chngress. . •. 78 Of District Courts 83 " a|)poinlinent, qualification, bond and oatli 83 Bond and oath signing process 84 " " fees 80 " " failing to pay over money 90 CLOTHING— For soldiers 45 COIN— Dies 50 Oft'ences 72-74 COLLECrOlLS— Continued in office till 1st April, 1 802 0-7 Enforce revenue laws except Texas 8 Entitled to one-half recovered for violation rev- enue law ^Mississippi river 26 Light money 79 Mississii)pi river 28 Certain ports appointed by Secretary of Treasury. 31 115 C031ME1JCTAL AGl^.NTS 17 C0:\[MISSA1IY (iENEHxVL 29-30 Amendatory net 64 Officers of (lepiirtnient assigned to coiumand 30 COMMISSTONKl^S— To United States 8 To Europe may be instructed as to copy-rights. . . 49 From North Carolina 4 COMPTllOLLEII OF THE TKEASUli Y— Office created 13 Sahiry, duties and disabilities 14-15 IMisdemeauors and penalties 15 CONGRESS— Preserv:ition of bills and i-esolntions . 11 "• ^'' records 2 Printers to 1 Commissioners to, from North Carolina 4 Avitographs of members 5 Pay of members 57 " secretary and other employees 77-78 Contingent fund 100-101 CONSTITrTION— Provisional, with autographs 5 CONSULS— Nun\ber nnd aj^pointment and fees 77 CONTEMPTS OF COURT 88 COPYIilGHTS— International 49 COSTS— On appeal 93 Security for 91 COTTON— ' Ex])ort duty on 33 COUNTERFEITING— Povstage stamps 20 Treasury notes 54-55 Coin 72-73 COUPONS 32-33 COURTS— Judicial S2 e! seq. Admiralty and maritime at Kev West 60 I hi COURTS— CoxTiMKi). ]\Iarti:il and inquiry in navy Yl " " " " army , 40 Writs tesled supreme court 84 Contomiits 88 See district, Sii])ronu' CUKHEXCY. '. : 72-73 CUSTOMS— Onieers rontiniu'peal 9"-94 Transfei- of records to, from I". S. circuit and dis- trict courts 96 Previous oi'ders in V. S. courts to have tlie same effect OG Copies of papers itc, transferred to be evidence... 96 Transferred cases to l>e lieard and decided 96 Wlieu cases to bo considered abandoned 90-07 Judii'inents in civil cases misatisfied at secession have f<»rce and effect 97 '"'■ " ])roceedinL!;s on 97 Cases in nnITh'Ii I'nited States is plaintiff 97 Judgment iinal when pending in supreme court ol" V. S. if iKii transferred in 12 montlis 98 Judgments of supreme court ofU. S. before seces- sion to be carried int<» effect 98 Jurisdiction in cases of malfeasance or misfea- sance in otHt'C at seat of government 99 DOCK-YAIM)S 74 DOORKEEPEH of COXGIIESS 7s DIIAFT,S:\IAX— Post-office Department •''O DUTIES— TAPIKF— 0-102 Li(pu)rs, malt and distilli'd, and sugar 3S Conunodities exempt 9, 20, 101-102 Exi)ort on cotton 33 Liglit money V9 Disci'imiuating on vessels rejx'aled 29 Repeal of act exemi»ting certain articles 105 IMerchandise in transit 104 ENGINEERS— In navy ^^ ENTRY— Ports of 31 119 ENVELOPES— Stampt'd 19 C^)lnl);^ny carryiiig Iclter not enclosed 21, 80-81 EVIDENCE— Copies ot' official records and ))a])crs in Ircasury dei)artinent 18-14 Copies of official papers and records transterre(l to district court 96 EXECrTlONS 90, 92 EXECUTIVE MANSION 22, V6 EXPRESS COMPANY 2],so-si FEES— Of attorneys HI Of clerks of supreme court 98 "■ and marshals 80 Of court connnissioners 87 FELONY— l*osta^'e stamps, dies, itc 20 Treasuny notes. 54-56 Coin, coinau'c and mints 72-73 F01IA(iK 44 FORTS— (V'ssion reconnnended 74 Pi-esident's authority when ceded 74 (Questions taken under charge, and President to communicate to the seA'eral States 5 FRANKINC; PRR'ILEGE 21 FUNDS, TRANSFER ACC EPTED 65 GUN BOATS 78 HABEAS CORPUS 86 INDIAN AFFAIRS 101-108 INDICT-AIENTS— Prior to secession 99 infor:mer 15-16 injunctions, writs of 86 interest— On treasury notes 51, at scq. Stocks and bonds 32-33 On judgments 80 JAILS 99 JEOFAILS 89-90 120 JUDGES — (See several voiirts.) " Advocate 39 JITDGMEXTS— Lien S7-88 Amount on bond or ;inr{'c'iiu'nt >vlu'n by dofault, confession, or on (.U'niurrer SO Interest on 89 In oases pendijiu" in U. S. Su])ronie Court at se- »• cession 08 •'* Of Sui)renio or otlicr Court of United Stales be- fore secession 08—00 JUDTCLVPvY ACT 82 .TUDICIAUY COMMITTEE— Authorized to liave certain niatter jninted G JUKORS 80-01 JURY— Petit 80 Grand 01 JUSTK E, DEPARTMENT OF— Organization IT Clerical force ts-40 KEY WEST— Admiralty and maritime cvurt UO AVreeking- 02 LABORERS— Emj>loyment by Departments 4S— tO '' " P. O. Dejiartment oT LAWS— Publication 12 • Preservation of originals 11 United States not inconsistent, itc, continued. . . 4-40 Revenue, to l»e enforced 8 Digest of 03 Of several States, rules of decision 85 LIENS— Judgments and executions ST-SS LIGHT HOUSE BUREAU :30-40 LIGHT IMONEY TO LOAN— For support and defence ^^ LOUISIANA— Transfer of funds 65 121 MAILS— Foreign 21, 22, 33 Domestic 80 Chartered and Express Companies 21, 80, 81 MARINE CORPS 71 Laws United States •. 72 MARSHALS— Appointment 83 Oath and bond 83 May appoint deputies 83 ** k -' They and sureties bound for acts of deputies S3 To attend District Courts 83 " '■'■ Sui^rcmc Court 83 Execute precepts 83 Command 2)osse comitatus 83 If interested or party 83 Death, resignation or removal 83-84 Costs and fees 86 Failing to pay over money 00 Deed by successor 01 Provides place of confinement 99 :\IEDICAL DEPARTMENT— Army 20, 30, 43-44 Navy (57 MESSENGERS— Post-otiice Department 48, 5G-57 Congress 78 3IILEAGE— Members of Congress 57 District attorneys 00-91 Marshal 86 Of Jurors 89 MILITIA 35-38 ^IINTS ..50,55, 56, 72,108 MISDEMEANORS- Letters, carrying 21, 80 Stamps 20 ]Mississippi river 26-28 Franking privilege 21 MISSISSIPPI RIVER. 26 .MUNITIONS of WAR 10, 71 1 22 NAVAL AFFAIRS 7 NAVAL OFFICERS— TraveliiiGf expenses 104-105 '' Navigation laws 28 NAVY— Date of connnissions 104 Organization, regulations, officers, employees and salaries 66-72 Appro]>riation 103 NAVY J)EPAUTMENT 16-17 Clerical force 47-49 Secretary of, salary 11 His duties and powers 10-17, 72, 104-105 NAVY YARDS 5, 74 NEW ORLEANS 50, 55 NOTARY PUBLIC 87 NORTH CAROLINA 4 OATHS— Assistant treasurer and treasurer of mint 55 Of officers of customs prior to 1st April, 1 SGI ... . 6-7 " " endorsement and tiling 7 " , " Department of State 12 " " Army 64 Agent of company carrying mail 80 Clerks and marshals 83 OFFENCES— Persons not dischai'ged by secession 99 liy officers .at seat of government 99 OFFICER OF ORDERS AND DETAIL 71 OFFICERS— (See several heads.) Resigned or resigning 64 Oath of, in army 64 Traveling expenses of naval 104-105 ORDNANCE and ORDNANCE STORES— For army 106 PARTIES 85-88 PATENTS 35 PAYMASTER— In navy 68-72 PENITENTIARY 99 PORTS OF ENTRY 31, 107, 108 123 ^ PLEADING— ' :-;^..^-::*''^ Jeofoils 89-90 POSTAGE— Kates of domestic 18-19 " " foreign ^^ A! Must be prepaid 18 'f Stamps and envelopes 19 " " forging and connterfeiting- 19-20 What exempt 19 Franking 21 May be required in money before stamps distrib- uted 3^ POSTMASTEK— Defacing stamps 20 Franking privilege " " violating 20 POSTMASTER-GENERAL— Salary • H Duties and authority 17, 18, 19, 20, 21 Violating franking privilege 4 May order postage paid in money 33 Contracts for foreign mails 33 POST-OFFICE DEPARTMENT— Organization 1"^ Clerical force 47, 49, 56, 57 Appropriations 75, 76, 107 POWDER.. lO-"?! POWDER MILLS 10 PRACTICE— Admiralty, Key West 62 " and district courts 92-93 Judicial courts 82 f< seq. Production of books, &c 88 In criminal cases 91-92 PRESIDENT— Authority to receive arms and munitions 34 " to appoint commissioners to U. S 8 " to accept i^rovisional forces 34 " to charter arms and equipments 38 " to detail captain or commander for chief of Light House Bureau 39 124 ... ., PRESIDENT— CoxTiNUKi). --^^:.T7ri Authority to call ti'oops into service 47 " to select captains and lieutenants of ent^ineers 41 " to equip light battalions 41 " to enlist armorers 45 " to assign duties to officers 45 " to approve army regulations 45 " to order who shall command different corps 46 " to take possession of i)roperty ceded.. . 74 " to appoint consuls 77 " to control contingent fund 77 " to purchase and construct gun. boats. . 77 " to instruct commissioners to Europe. . . 49 " to have treasury notes issued .t1 " to direct a])pr(ipriation for sujiport of provisional i'orees 00 " to assign 15rigadier-General to duty of Adjutant and Inspector-General.. . . tif " to assign ollicers of Quartermaster-Gen- eral's, Commissary -General's and Adjutant-General's Departments to command "JO " to tix pay of seamen 71 " to determhie relative and assimilated rank of nav}' and army officers 72 " to approve navy regulations 72 " to make contracts for purchase and manufacture of munitions of "war. . . 10 Directed to conuuunicate resolution as to forts to the several States. 5 Secretaries of Navy, State and War under control 16 Enjoins duty upon I'ostmaster-General 17 Authorized to employ private secretary and mes- senger 10-48 Salary 75 Approves seal of Treasury Department 13 Executive mansion 22 Required to instruct collectors to enforce revenue laws ft 125 ' PRESIDENT— CoxTixiKo. Appoints general oflieers for provisional forces. . . 34 Directed to assume control of military operations. 34 Appoints additional quartermasters, commissaries and surgeons • , 37 Ap})oints from Lieutenants, inspectors of sea coast. 38-39 f Appointments in regular army 40, tt seq. ^D Ap]toints second Auditor Id / " inferior officers T9 '* Attorney and Marshal Ivey West T8 Assistant Treasurer and Treasurer of mint 55 %'^ 4^^ Appoints naval officers during recess TO Appoints all officers, civil, military and naval, dur- ing recess of Congress 108 Authority as to loan 32 Authority as to treasury notes 51 Authority as to second Auditor T9 Appoints commissioner of Indian affairs 101 May affix certain duties to naval commissions. ... 104 PRINTING— Keid &; Shorter printers to Congress 1 Provisioiial Constitution Avith autograi)h signa- tures 5 Of such matter as judiciary connnittee may desire to lay before Congress authorized For committees of Congress 8 Public, in relation to 22-26 Style of 1-23 Compensation for, generally 23-24 Compensation for, on parchment 24 Post-office blanks, tfcc 24 Advertisements in public gazette 24 Contracts for, by chief officers 24 ■ Of Executive Departments authorized 24 Accounts for, sworn to by contractor or public printer, accompanied "with vouchers 24 On parchment 24 Bureau of. 25 Superintendent of 25 By whom appointed 25 Eligibility and duties of. 25 120 PRINTIXCJ— CoNTiM i: i>. Appeal from decision of. 25 Accounts for audited and allowed 25 PRODUCTIOX— Of hooks, ttc 88 PRIVATE SECRETARY 10 PROVISION AI. C ONSTITinTON 5 PROVISIONAL FORCES ;u Approj)riation ; 57 Appropriation at Charleston 58 PROVISIONS— (Navy) 72 PUBLIC DEFENCE.' 34, 35, 38, 57, 58, 63 PUBLIC ESTAliLISIIMENTS 5-74 QUARTEini ASTER— Department ori^ani/x'd 29 " amendatory act 64 Officers may lie assigned to command 30 Of marines 71-72 RATIONS— In army 45 In n;ivy 71 RECORDS— Transfer to Confederate courts 96 Co])ics Avlien evidence 96 RECRUITING 68 REGISTER OF TREASURY— Office and sal.ary 13 Duties and powers 14 Disabilities 15 " violating 15 Signs certificates of stock on bonds 32 Countersigns treasury notes 51 REGISTRY— Of letters 21 Of vessels 39 SALARY— President Vice l*resident 11 Heads of Departments , 11 Assistant Attorney-General 48 Assistant Secretaries 48 1-27 SALARY— CoNTiMRP. ^g rrivate Secretary -. . . 4 /— 49 Clerks and messengers Commissiner of Indian Affairs and clerk ^^101 Officers of Congress "~'" ^^ ,, 6G, f< seq. Officers ot navy • / . -,. 4o Fn-st Auditor ^^ Second Auditor ' ' 40 Reccister 4o Comptroller Treasurer -^ Commissioner of Indian Affairs " clerk ^^^ 105 Officers of Congress JSCIBE FACLWi SEAMEN— .^ Pay fixed by President ' _, . * '. . < 1 Rations SECRETARY- Of Congress ^-' ^^ « " Assistant * " Navv— ,„-■,-, ' , 105-11 Salary ^ ^ Duties and powers 16-1 /, i Authorized to pay certain travelhng ex- 104-105 j)cnses " State— f=^^W ; 1,_12 Duties and powers, &c- Assistant ' Clerks 4'-*^ « Treasury — Salary ^ J^^ General duties and powers 13-14-lo, 105 Appoints special agents 107-108 Di>abiUties " violating Powers as to ports of cutry 31, 107-108 u tt u u u collectors..31, 107-108 Duties and powers in relation to loan 32-33 May remit duties in certain cases 101-102 f SECRETARY, of Treasury— Continukd. ' Light House Bureau 38-3J> Assistant 13, 14, 15 " Disabilities 15 " " violatiujj^ 15 " War— .Salary U l>i'Itartiiient 16 Anny and Indians 16 lender control of President 16 Clerks 10, 48-49 Prepares and publishes regulations 45 ]5ond Quarteriuaster and Commissary De- , partment 45 Apjiropriation for regular army 00 SHIPS— Light money VB Discriminating duties rei>ealed 28 Purchase, arming and equipping 38 Registration . 30 SINKIXG FUND 33 STAMPS U), 20, 33 STATUTES— Of United States 4, V2, 73 Registration of letters 21 Originals preserved . . . 11 Puhliealion 12 Digest 03 STOCKS 32-33 SUBSISTENCE, Army 29-30 " Navy 71-72 SUGAR 38 SUITS Avhen considered abandoned 90-97 SUPREME COUIM^— Annual session at seat of (Jovernnient H2 Adjournment by one Judge if no quorum 82 Marshal of District attends 83 Test of writs 84 Seal 84 Oath of Judges 84 "Writs of sci.J'a., and /loheas eoqms and hijunc- tion 86 129 SUPREME COURT— CoNnxuED. Suit revived by sci. fa 88 Contempts 88-89 Writs of error supersedeas 90 " " in criminal cases 92 " " iTi civil cases 93, 97, 98, 100 " " Key West C2 State courts 95-96 Bonds for costs 93 * Clerk appointment, oath, bond and fees 93 May adjudge damages for AeX-Aj 9o-94 Appeals when sum exceeds $5,000 94 Appeals and writs of errors from existing judg- ments and decrees 94 May make rules 94 When equally divided but not full, re-argument . . 94 Re-argument, full judgment affirmed 94 Original and exclusive jurisdiction 94-95 Writs of mandannts and prohil)ition 95 Cases i)ending in United States 97-98 Unexecuted judgments of U. S., rendered before secession 98-99 Writs of error or appeal in cases transferred and decided by Courts of Confederacy 99-100 Cannot issue execution on writ of error 94 Trial by jury 95 Notice of transfer from Su})reme Court of U. S., to that of Confederate States 98 SURGEON— General 33-43 Army «: 30 Navy 67 TARIFF— Existing laws to be enforced. 9 On coal, iron, cheese, &c 102 Texas excepted 8-10 Applied to Texas 105 Certain commodities exempt 9, 29, 101, 102 Repeal of act of exemption 105 On liquors and sugar 38 Merchandise in transit 104 130 TARIFF— CoxTixuED. Materials for telegrajdi lines, Forts Morgan and Pulaski, exempt 50 TELEG R API I LI X ES— Materials, Forts ]\Iorgan and I'lilaski exempt from duty 50 TESTDION Y 80, 88, 96 TEXAS— Excepted from revenue laws 8-10 Admission 35 Tarifi' la^^'s applied 105 TREASURER— Assistant, continued till 1st April, 18G1 6 Assistant, duties, powers, salaries, bonds and oath. 6-7 At New Orleans, duties, &e 55-56 Office created 13 Salary 13 Duties and bond 15 In regard to treasury notes 51, et seq. Disabilities and penalties 15 TREASURY— DepartuTent 13 Notes 5 1 ,