Adjutant and Inspector Generate Office* 
Richmond, August 4th, 1863. 
GENERAL ORDERS, ? 
No. 108. S 
The following acts are published for the information of the army: 
An act to provide for Transportation of Persons who have been mustered 
into the Service for the War. 
" The Congress of the Confederate States of America do enact, That 
aon-commissioned officers and privates, who have been mustered into 
service for the war, and to whom furloughs may bo granted for not more 
than sixty days, shall be entitled to transportation home and back: pro- 
vided, that this allowance shall only be made once during the term of 
enlistment of such non-commissioned officers and privates.” [Approved 
February 7, 1863.] 
An act to amend an act for, the establishment and organization of a General 
Staff for the A rmy of the Confederate States. 
“ The Congress of the Confederate States of America do enact, That 
from and after the passage of this act, the rank, pay and allowances 
attached to the office of Quartermaster General of the army of the Con- 
federate States, shall be those of a Brigadier General in the provisional 
army.” [Approved March 20, 1863.] 
An act to prevent the absence of Officers and Soldiers without leave. 
“ The Congress of the Confederate States of America do, enact. That no 
officer or soldier of the. army shall receive pay for any period during 
which he may be absent without leave, or beyond iho leave granted, from 
competent authority, according to the regulations of the army: provided, 
that this restriction shall not affect the sick or wounded in hospitals. 
SEC. 2. In order to enforce the requirements of the foregoing section, 
it is hereby made the duty of commanding officers of companies to state 
upon the muster and pay rolls of their companies the length of time any 
officer or soldier has been absent therefrom, without leave of competent 
authority, since the previous payment, when the deduction of pay for 
auch absence will be made by the quartermaster from the amount other- 
wise due the officer or soldier; and any commander of a company who 2 
shall fail to note such absence on the muster and pay rolls of the com 
pany shall be required to refund to the government the amount forfeited 
by r.uch absent officer or soldier, unless it shall already have been received 
from the officer or soldier so absent. 
Sec. 3. Officers shall certify upon honor on their pay accounts whe- 
ther they have or have not been absent, without leave by competent au- 
thority, within the time for which they claim pay; and if absent without 
leave, they shall state in their certificates the time and period of such 
absences. In like manner, commanding officers of companies shall cer- 
tify on honor on their pay accounts that they have stated fully and cor- 
rectly on the muster and pay rolls of their companies the length of time 
each officer and soldier of the company has been absent without leave 
since the last payment of the company. 
Sec. 4. That this act shall not be construed to relieve any officer or 
private from any othdf penalty to which he may be liable by existing 
laws or regulations.” [Approved April 16, 1863.] 
An act explanatory of an act entitled an act to authorize the President to 
accept and place in the service certain regiments and battalions hereto- 
fore raised, approved 11th October 1862. 
“ The Congress of the Confederate States of America do enact, That the 
second section of the act entitled an act to authorize the President to 
accept and place in the service certain regiments and battalions heretofore 
raised, approved on the eleventh day of October in the year one thousand 
eight hundred and sixty-two, shall not be so construed as to authorize 
any general officer to appoint any of the officers of said regiments and 
battalions. That said regiments and battalions shallJrave the right within 
ninety days, on a day to be fixed by the commander of the brigade for 
that purpose, to elect such officers as volunteers have heretofore been 
authorized to cleat: provided, that this act shall not apply to any case 
where such office has heretofore been filled by election.” [Approved 
April 16,1863.] 
An act to repeal certain clauses of an act entitled an act to exempt certain 
persons from. Military Service, &c., approved October 11th, 1882. 
“ The Congress of the Confederate States of America do enact, That so 
much of the act approved October eleventh, one thousand eight hundred 
and sixty-two, as exempts from military service ‘ one person, either as 
agent, owner or overseer, on each plantation on which one white person 
is required to be kept by the laws or ordinances of any State, and on 3 
which there is no white male adult not liable to military service, and in 
States having no such law, one person as agent, owner or overseer, on each 
of twenty negroes, and on which there is no -white male adult 
not liable to military service;’ and also the following clause in said act, 
to wit: ‘and furthermore, for additional police for every twenty negroes, 
on two or more plantations, within five miles of each other, and each 
having less than twenty negroes, and on which there is no white male, 
adult not liable to military duty, one person, being the oldest of the 
owners or overseers on such plantations,’ be and the same are hereby 
repealed. 
Sec. 3. For the police and management, of slaves, there shall hr ex- 
empted one person on- each farm or plantation, the sole property of a 
minor, a person of unsound mind, a feme sole, or a person absent from 
home in the military or naval service of the Confederacy, on which there 
are twenty or more slaves: provided the person so exempted was em- 
ployed and acting as an overseer previous to the sixteenth of April, one 
thousand eight hundred and sixty-two, and there is no white male adult 
on said farm or’ plantation, who is not liable to military duty, which fact 
shall be verified by the affidavits of said person and two respectable citi- 
zens, and shall he filed with the enrolling officer: and provided the owner 
of such farm or plantation, his agent or legal representative, shall make 
affidavit and deliver the same to the enrolling officer, that, after diligent 
effort, no overseer can be procured for such farm or plantation not liable 
to military duty: provided, further, that this clause shall not extend to 
any farm or plantation on which the negroes have been placed by divi- 
sion from any other farm or plantation since the eleventh day of October 
one thousand eight hundred and sixty-two: provided, further, that for 
every person exempted as aforesaid, and during the period of such ex- 
emption, there shall be paid annually into the public treasury, by the 
owners of such slaves, the sum of five hundred dollars. 
Sec. 3. Such other persons shall be exempted as the President shall 
be satisfied ought to be exempted in districts of country deprived of 
white or slave labor indispensable to the production of grain or provi- 
sions necessary for the support of the population remaining at home, and 
also on account»of justice, equity and necessity. 
Sec. 4. In addition to the State officers exempted by the act of Octo- 
ber eleventh, one thousand eight hundred and sixty-two, there shall also 
be exempted all State officers whom the Governor of any State •nay 
claim to have exempted for the due administration of the government and 
laws thereof; but this exemption shall not continue in any State after the 
adjournment of the next regular session of its legislature, unless such 4 
legislature shall by law exempt them from military duty in the provisional 
army of the Confederate States,” [Approved May 1, 1863.] 
An act to amend an act entitled an act to organize Military Courts to 
attend the Army of the Confederate States in the field, and to define 
the powers of said Courts, approved October 9th, 1862. 
“ The Congress of the Confederate Slates of America do enact, That, 
in addition to one military court to attend each army corps in the field, as 
now authorized by an act entitled an. act to organize military courts to 
attend the army of the Confederate States in the field, and to define the 
pyn\jx uuauo, ywuuu mntu,yigmeen nunured andsrxty^ 
two, one military court shall be organized In each of such military de- 
partments as, in the judgment of the President, the public exigencies 
may require • he nwanized in the manner and with powers prescribed 
in the act of which this is amendatory.” [Approved May 1, 1863.] 
An act to continue and amend the third section of an act supplementary 
to an act concerning the Pay and Allowance due to deceased soldiers, 
approved February 15th, 1862, and to provide for the prompt settle- 
ment of Claims for Arrearages of Pay, allowance and bounty due de- 
ceased Officers and Soldiers. 
“ The Congress of the Confederate States of America do enact, That 
the third, section of an act entitled an act supplementary to an act con- 
cerning the pay and allowance due to deceased soldiers, approved Febru- 
ary fifteenth, eighteen hundred and sixty-two, and to provide for the 
prompt settlement of claims for arrearages of pay, allowance and bounty 
duo deceased officers and soldiers, be continued of force until otherwise 
provided by congress.” JApproved May 1, 1863.] 
Joint Resolutions on the subject of Retaliation. 
“ Resolved by the Congress of the Confederate Slates of America, In 
response to the message of the President, transmitted to congress at the 
commencement of the present session, that in the opinion of congress, 
the commissioned officers of the enemy ought not to be delivered to the 
authorities of the respective States, as suggested in the sgid message, hut 
all captives taken by the confederate forces ought to be dealt with and 
disposed of by the confederate government. 
Sec. 2. That, in the judgment of congress, the proclamations of the 
President of the United States, dated respectively September twenty- 
second, eighteen hundred and sixty-two, and January first, eighteen 
hundred and sixty-three, and the other measures of the government of 5 
the Utited States and of its authorities,commanders and forces, designed 
or tending to emancipate slaves in the Confederate States, or to abduct 
such slaves, or to incite them to insurrection, or to employ negroes in war 
against the Confederate States, or to overthrow the institution of African 
slavery, and bring on a servile war in these States, would, if successful, 
produce atrocious consequences, and they are inconsistent with the spirit 
of those usages which in modern warfare prevail among civilized nations; 
they may, therefore, be properly and lawfully repressed by retaliation. 
Sec. 3. That in every case, wherein daring the present war, any vio- 
lation of the laws or usages of war among civilized nations shall be, or 
has been, done and perpetrated by vmder the authority of the 
Government of the United States on tire persons or property of citizens 
of the Confederate States, or of those under the protection or in the land 
or naval service of the Confederate States, or of any State of the Con- 
federacy, the President of tho Confederate States is hereby authorized to 
cause full and complete retaliation to be made for every such violation, in 
such manner and to such extent as he may think proper. 
Sec. 4. That every white person, being a commissioned officer, or act- 
ing as such, who, daring tho present war, shall command negroes or mti- 
lattoes in arms against the Confederate States, or who shall arm, train, 
organize or prepare negroes or mulattoes for military service against 
the Confederate States, or who shall voluntarily aid negroes or mulattoes 
in any military enterprise, attack or conflict, in such service, shall be 
deemed as inciting servile insurrection, and shall, if captured, be put to 
death, or be otherwise punished at the discretion of the court. 
Sec. 5. Every person, being a commissioned officer, or acting as such 
in the service of the enemy, who shall, during the present war excite, 
attempt to excite, or cause to be excited, a servile insurrection, or who 
shall incite or cause to be incited, a slave to rebel, shall, if captured, be 
put to death, or he otherwise punished at tho discretion of the court. 
Sec. 6. Every person, charged with an offence punishable under the 
preceding resolution shall, during the present war be tried before the 
military court attached to the army or corps by the troops of which he 
shall have been captured, or by such other military, court as the Presi- 
dent may direct, and in such manner and under such regulations as the 
President shall prescribe, and after conviction, the President may com- 
mute the punishment in such mannej.- and on such terms as he may deem 
proper. 
v* • 
Sec. 7. All negroes and mulattoes who shall be engaged in war, or be 
taken in arms against the Confederate States, or shall give aid or comfort 
to the enemies of the Confederate States, shall, when captured in the Con- 6 
federate States,-be delivered to the authorities of the State or States in 
which they shall be captured, to be dealt with according to the present or 
future laws of such State or States.” [Approved May 1, 1863.] 
An act to provide for the appointment of Military Storekeepers in the 
Provisional Army of the Confederate States. 
“ The Congress of the Confederate States of America do enact, That 
the President he authorized to appoint as many military storekeepers of 
ordnance in the provisional army of the Confederate States as may be 
deemed* necessary, not to exceed in all eight storekeepers, four with the 
rmy.'i-nd sjUawotipp of a captain of infantry, and four with the pay and 
allowance of a first lieutenant of infantry. 
Sec. 2. Be it further enacted, That the military storekeepers of the first 
class so appointed, shall be required to give bonds in the sum of twenty 
thousand dollars, and those of the second class in the sum of ten thou- 
sand dollars, when charged with the disbursement of funds. This act 
shall be in force from and after its passage ; provided, that no one shall 
be appointed under its provisions except officers without commands, or 
officers or privates who have performed meritorious services in the field, or 
have become incapacitated by wounds or sickness for active service.” 
[Approved May 1, 1863.] 
An act to prevent Fraud in the Quartermaster's and Commissary Depart- 
ments, and the obtaining, under false pretence, Transportation for Pri- 
vate Property. 
“ The Congress of the Confederate States of America do enact, That 
no officer charged with the safe-keeping, transfer or disbursement of pub- 
lic moneys, shall convert to his own use, or invest in any kind of pro- 
perty or merchandise, on private account, or lend, with or without inte- 
rest, any portion of*the public moneys entrusted to him for safe-keeping, 
transfer, disbursement, or any other purpose. 
Sec. 2. That no officer charged with the safe-keeping, transfer or dis- 
bursement of public moneys, or charged with or assigned duty of 
purchasing for. the government or any department thereof, shall buy, 
trade, traffic or speculate in, either directly or indirectly, for the purpose 
of gain to himself or others, by resale or otherwise, any article of food 
or clothing, or material of which the same is made, or which enters into 
or constitutes a part of the same, or any material of war or article what- 
soever, which is or may be required to be purchased for the use of the 
army or the prosecution of the war. 
Sec. 3. No officer shall take a receipt in blank for any article or arti- 7 
cles purchased by him for the government, or any department thereof; 
and every receipt shall set forth the true amount paid, and on what ac- 
count; and M'hen payment is made on account of property purchased, 
the receipt shall set forth the name of the person from whom such pro- 
perty was purchased, and the place of his residence, the thing or things 
purchased, by number, weight or measurement, as may be custo- 
mary in the particular case, the price thereof, and the date of payment. 
Sec. 4. No officer who is in charge of transportation, or who is empow- 
ered to grant the same, shall forward by government conveyance, or at 
the expense of government, or to the exclusion or delay of government 
freight, any commodity or property of any kind, unless the same belongs 
to the government, or some department thereof, except as authorized by 
law. 
Sec. 5. Any officer who shall violate any provision in the .foregoing 
sections, shall, upon a conviction before a court martial or military court, 
be cashiered, and placed in the ranks as a private to serve driving the 
war: 'provided, that nothing herein contained shall impair the civil re- 
medy which the government may have against any officer or his sureties 
for fraud, peculation or misapplication of the public moneys entrusted to 
him by the government. 
Sec. 6. Be it further enacted, That any person in the employment or 
service of the government as aforesaid, and all other persons coming 
within the purview of this act’, who shall violate any of the provisions of 
the foregoing sections, shall be liable to indictment, and fined in a sum 
not less than thousand dollars, and imprisoned not less than one year 
nor longer than five years, to be imposed by the judge or jury trying the 
cause, according to the course of judicial proceeding in force in the seve- 
ral States: provided the provisions of this act shall in no wise interfere 
with or impair the civil remedy which the government may have against 
any of said officers or their securities or employees for frauds, peculation 
&r misapplication of the moneys entrusted to them respectively, by the 
Confederate States: provided also, that all conservators of the peace, 
who, by the laws of the several States, have jurisdiction to commit or 
bind over offenders for breaches of the criminal laws of the State in wrhich 
they may reside, shall have power to commit cr bind over, in a sufficient 
recognizance, offenders against the provisions ot this law, to appear at 
the next term of the district court of the Confederate States, within the. 
jurisdiction of which the offence was committed, for trial, in the same 
manner and under the same rules as if such preliminary trial were had 
before the judge of such district court; and the judges of the confede- 
rate courts having jurisdiction of the offences defined by this act shall, at the commencement of each session of their respective courts, give this 
act and its provisions especially in charge to the different grand juries,” 
[Approved May 1, 1863.] 
An act to pay Officers, Non-Commissioned Officers and Privates not legally * 
mustered into the service of the Confederate States, for Services actually 
performed. 
“ The Congress of the Confederate States of America do enact, That all 
officers, non-commissioned officers and privates of any legally consti- 
tuted military organization, which may have been actually received into 
the service of the Confederate States by any general officer thereof, but 
were never legally mustered into service, in consequence of the loss of 
the muster rolls of such military organization, shall be entitled to receive 
pay from the time they were so received: provided the fact of their hav- 
ing been so received into the service, and the time they served, is duly 
proved to the satisfaction of the Secretary of War, under rules to be pre- 
scribed by him.” [Approved May 1, 1863.] 
An act to provide for the Transfer of persons serving in the Army to the 
Navy. 
“ The Congress of the Confederate States of America do enact, That all 
persons serving in the land forces of the Confederate States, who shall 
desire to ho transferred to the naval service, and whose transfer as seamen 
or ordinary seamen shall be applied for by the Secretary of the Navy, 
sh’all be transferred from the land to the naval service: provided, that 
nothing in this act shall be so construed as to alter or repeal any law now 
in force limiting the number of seamen.” [Approved May 1, 1863.] 
An act regulating the granting of Furloughs and Discharges in Hospitals. 
“ The Congress of the Confederate States of America do enact, That-*' 
sick, wounded and disabled soldiers in hospitals shall be entitled to fur- 
loughs and discharges, under the following roles and regulations: In 
places where there are three or more hospitals, three surgeons in charge 
of hospitals, or divisions in hospitals, shall constitute a board of exam- 
iners for the hospitals to which they belong, whose duty it shall be, twice 
in each week, to visit said hospitals, and examine applicants for furloughs 
and discharges; and in all cases where they shall find an applicant for 
furlough unfit for military duty, either from disease or wounds, and likely 
so to remain for thirty days or upwards, they shall grant a furlough for 
such time as they shall deem him unfit for duty, not to exceed sixty days. 9 
Said board shall keep a secretary or clerk, who shall issue all furloughs 
by order of the board, and shall specify therein the time of furlough, the 
place of the residence of the soldier, his company, regiment and brigade. 
Sec. 2. Be it further enacted, That no further regulation shall be re- 
quired of the soldier, and no passport required other than his furlough. 
Sec. 3. Be it further enacted, That the said board may recommend dis- 
charges, stating the ground thereof, which, when approved by the Sur- 
geon General or the General commanding the army or department to 
which the soldier belongs, shall entitle him to a discharge and transpor - 
tation to the plade of his enlistment or residence. 
Sec. 4. Be it further enacted, That in places where there are but two 
hospitals, two surgeons in charge of a hospital or division shall constitute 
a board for the purposes aforesaid: and in places where there is but one, 
the surgeon in charge, and two assistant surgeons, if there be two, and if 
not, then one, shall constitute a board for the purpose aforesaid, and may 
furlough and'recommend discharges as aforesaid: provided, that no fur- 
lough shall be granted under the provisions of this act, if, in the opinion 
of the board, the lifo or convalescence of the patient would be endangered 
thereby. 
Sec. 5. The house surgeon in all hospitals shall see each patient under 
his charge once every day.” [Approved May 1, 1863,J 
order. 
S. COOPER, 
Adjutant and Inspector General.